HomeMy WebLinkAboutMarch_17_2009_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
MARCH 17, 2009
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
March 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
Vice Chairman Marvin Norman
Steve Johnson
Scott Keadle
Ken Robertson
Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy
County Manager Tracy Jackson, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Williams.
INVOCATION by Commissioner Johnson.
PLEDGE OF ALLEGIANCE
RECOGNITION OF A SPECIAL GUEST: West Point Cadet Ken Robertson III, son
of Commissioner Ken Robertson, attended the meeting. Cadet Robertson was on spring break
from the military academy.
ADJUSTMENTS OF THE AGENDA: The following agenda adjustments occurred.
Addition: • Request for Approval of Amended Tax Collection Interlocal Agreements with the
Town of Mooresville and the City of Statesville to Allow the Municipalities to Pay
a Portion of Fees for Discovery Costs Associated with Non -Listed Businesses
Deletion: • Request for the Appropriation of $2,597.16 to the Harmony VFD for Truck Repair
Expenses (Item removed from the agenda with a recommendation for the costs to
be paid out of the VFD's operations funding.)
PUBLIC HEARING
Chairman Williams declared the meeting to be in a public hearing.
Consideration of the FY 2009-2010 North Carolina Department of Transportation
Application for the Community Transportation Program: Transportation Director Ben
Garrison said a legal notice was published in the March 1 edition of the Record and Landmark in
both English and Spanish as required by law. He said the application contained the following
funding requests:
Project Administrative (15%)
Capital (Vehicles & Other) (10%)
TOTAL
Total
Local Match
$264,203
$39,630
196,900
19,690
$461,103 $59,320
Garrison said the funds would be used to replace four vehicles and two desktop computers.
He said the local match would be from mileage surcharges and user fares with the application
being reviewed by the Board of Transportation in May of this year. Mr. Garrison provided the
following ICATS information for the past six months:
Service Hours:
23,981
Passenger Trips:
59,398
Miles Traveled :
422,127
Days Operated:
159
Garrison said new technology (automatic vehicle locator and mobile data computers)
allowed ICATS to transport more passengers with a decrease in service miles.
No one else desired to speak, and Chairman Williams adjourned the hearing.
OTION by Commissioner Johnson to approve the following resolution for the
Community Transportation Program.
VOTING: Ayes — 5; Nays — 0.
Section 5311
FY 2009 - 2010 RESOLUTION
WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the
Governor of North Carolina have designated the North Carolina Department of Transportation
(NCDOT) as the agency responsible for administering federal and state public transportation
funds; and
WHEREAS, the North Carolina Department of Transportation, will apply for a grant
,from the US Department of Transportation, Federal Transit Administration, and receive funds
from the North Carolina General Assembly to provide assistance for rural public transportation
projects; and
WHEREAS, the purpose of these transportation funds is to provide grant monies to local
agencies for the provision of rural public transportation services consistent with the policy
requirements for planning, community and agency involvement, service design, service
alternatives, training and conference participation, reporting and other requirements (drug and
alcohol testing policy and program, disadvantaged business enterprise program, and fully
allocated costs analysis); and
WHEREAS, Iredell County hereby assures and certifies that it will comply with the
federal and state statutes, regulations, executive orders, Section 5333 (b) Warranty, and all
administrative requirements which relates to the applications made to and grants received from
the Federal Transit Administration, as well as the provisions of Section 1001 of Title 18, U. S. C.
NOW, THEREFORE, be it resolved that the Transportation Director oflredell County is
hereby authorized to submit a grant application for federal and state funding, make the
necessary assurances and certifications and be empowered to enter into an agreement with the
NCDOT to provide rural public transportation services.
--------------------------------------------CONSENT AGENDA --------------------------------------------
MOTION by Commissioner Norman to adopt the following 12 consent agenda items.
VOTING: Ayes — 5; Nays — 0.
(All items were described during the agenda briefing.)
1. Request for Approval of the Fiscal Year 2010 Criminal Justice Partnership
Program Budget: County Manager Joel Mashburn said the $120,353 budget was identical to
the one submitted for FY 2009, and no local money was needed to obtain the state pass-through
funds. He said the county might not receive the entire $120,353.00; however, CJPP funds were
included in the state's proposed budget.
A copy of the submitted budget is as follows:
2
Budgeted Amounts (Fv2008-2009)
lAl I$1
Budgeted Suty i, Budgeted Dec 31, 2608
2RR8 (Column (A] from July Report+
(I+rom Columu IAI Column [111 from July through
from July Report) December reports)
X
Expenditure Amount t9(FY
2008-2009)
iCl hl
Actual Estimated Total
Expeaditures Expendittures
'Through Dec 31, (July 1, 008
2008 Through
June 30, 2009)
tEl
Budgeted for
rY 2009-2610
Personnel
5365021
76,117.0Q
76.117.00
42,218.99
7G,IT7.00
76,117A0
FYavel -
536502 2
5,000.00
1,000.00 IL
466,33
1,000.00
1,000.00
Contractual
536502 3
3425600
34,2S6.R0
!!�"
16,740.00
34,256A0
31,860.00
0 era 02g4
8,980,401
8,980.00
8,438:71
88.00 80
11,376.00
Equipment
536502_5
0.00
0.00
0.40
OOQ
0.00
COnstrueti0tl
536502_6
0.00
0.00
OAO
0.00
0.00
Unallocated
536502 7
6,OQ
0.40
OAO
0.60
0.00
TOtAIS
126,353.00
120,353.00
7.1
67,4G4.00
120,353.00
120,353.00
(Fm TtefcA F101"S32003
cmm Awerd)
(Ta tSatcl, CON.21),35.0
(theuld,me lrmm
IXu Ne mn)
(Tu T<120,3100
MNr
2Jt00rFY 2009
mt Award)
2. Request for Approval of the February 2009 Refunds and Releases: Tax Administrator
Bill Doolittle requested approval of the following refunds and releases.
Releases for the Month of February 2009
Breakdown of Releases:
County
$23,286.28
Solid Waste Fees
$891.50
E. Alex. Co. Fire #1
$0.00
Shepherd's Fire #2
$465.77
Mt. Mourne Fire #3
$40.22
All County Fire #4
$940.71
B&F Fire #5
$132.05
Statesville City
$5,658.36
Statesville Downtown
$0.00
Mooresville Town
$4,805.57
Mooresville Downtown
$20.72
Mooresville School
$1,112.77
Love Valley
$0.00
Harmony
$0.00
Troutman
$1,449.51
Davidson
$0.00
Refunds for the Month of February 2009
Breakdown of Refunds:
County
$729.75
Solid Waste Fees
$0.00
E. Alex. Co. Fire #1
$0.00
Shepherd's Fire #2
$0.84
Mt. Mourne Fire #3
$0.00
All County Fire #4
$94.74
B&F Fire #5
$0.29
Statesville City
$213.78
Statesville Downtown
$0.00
Mooresville Town
$115.67
Mooresville Downtown
$0.00
Mooresville School
$47.71
Love Valley
$0.00
Harmony
$0.00
Troutman
$0.00
Davidson
$0.00
Monthly Total
$38,803.46
Monthly Total
$1,202.78
3. Request for Approval of a Business Personal Property Discovery Contract with Tax
Management Associates (TMA) & Authorization for a Signature on the Same: Tax
Administrator Bill Doolittle, along with TMA Consultant/Auditor Terry Rowland, explained this
request. Doolittle said that due to a labor shortage, a proposal was being made to contract with
3
TMA to locate businesses that were not listed for ad valorem taxes. He said TMA was only
reimbursed when the unlisted business paid the taxes.
Rowland said TMA would collect 45% of the taxes, penalties, and interest collected on
behalf of the county. He said if nothing was discovered, then TMA wasn't paid.
Doolittle said the discoveries were usually for smaller businesses. He said there wouldn't
be a great amount of revenue generated, but his department was seeking taxation equity and
uniformity.
4. Request for Approval of Interlocal Agreements with the Town of Mooresville
and the City of Statesville to Allow the Municipalities to Pay a Portion of Fees for
Discovery Costs Associated with Non -Listed Businesses: Tax Administrator Bill Doolittle
said tax collection agreements were already approved with the Town of Mooresville and the City
of Statesville, but the documents needed to be amended to reflect the municipalities' payments to
allow Tax Management Associates (TMA) to locate businesses not paying ad valorem taxes.
Doolittle said TMA would not be reimbursed until the businesses paid the taxes.
5. Request to Add Article VII to the Iredell County Farmland Protection Plan
(Addition will be a Schedule for the Plan's Implementation): Planning and Development
Director Ron Smith said a time schedule to begin the Farmland Protection Plan was needed
before the NC Agricultural Development and Farmland Preservation Trust Fund could officially
recognize the document. He said the local Farmland Protection Advisory Board approved the
following work schedule on February 26, 2009.
ARTICLE VII.
SCHEDULE TO IMPLEMENT THIS PLAN
TO ENSURE A VIABLE AGRICULTURAL ECONOMY IN IREDELL COUNTY
First Year Action Steps
1. First Quarter (starting in July '09)
a. Conduct meeting of Agricultural Advisory Board, Local Chamber of Commerce, Local
Economic Development staff, and County staff to determine priorities and develop strategies for
agriculture economic development.
b. Schedule and conduct stakeholder group meeting to discuss marketing of local products and
other agriculture initiatives.
2. Second Quarter
a. Begin implementing prioritized elements and strategies of Agricultural Protection Plan.
b. Schedule first county -wide meeting of farm and agribusiness operators and elected officials to
discuss Agricultural Protection Plan initiatives.
3. Third Quarter
a. Develop written materials (e.g,. brochures, packets) called for under plan to inform area
farmers, stakeholders, and citizens about information pertaining to farmland protection.
b. Develop web -site involving these initiatives.
4. Fourth Quarter
Begin implementing workshop schedule
6. Request for Approval of Budget Amendment #48 to Appropriate $350,000 to the
Cool Springs VFD: Fire Marshal Lloyd Ramsey and Fire Tax District Board Chairman Carroll
Goodman requested a $350,000 budget amendment for the purchase of a new service truck along
with a used fire engine and equipment for both. Ramsey said the purchases would enable the
department to achieve a better fire insurance rating. He said the new engine would replace a
worn out 1987 unit, and the service truck would assist the department in transporting equipment.
BAM
Approtxiate funds to the Cool Springs VFD to pixchase a service truck.
Account#
Cunvt QwW I Amended
205525 580058
Reserve for RatirgsInprovenent
374,000
(350,000)
24,000
205525 537602
Cad Spnngs VFD
577,480
350,000
927,480
4
7. Request for Approval of Budget Amendment #49 to Allocate Women, Infants &
Children's (WIC) Grant Revenue of $7,421 for the Establishment of a Nutritionist Position
(.8) for the Remainder of FY 08-09: Health Director Donna Campbell said additional WIC
funds had been sent to her department three times this fiscal year. She said it was also
anticipated that additional funding would continue during FY 09-10, and for this reason, the
department was recommending the creation of a new Nutritionist I position. Campbell said the
.8 full time equivalency position would be advertised internally, and if a suitable candidate was
not found, external advertising would then occur. She said the board of health approved the .8
position on February 26, 2009.
Commissioner Robertson noted that if the federal funds ceased, then the position would
be eliminated.
Budget Amendment #49 for the position is as follows:
To allocate WIC grant revenue and expenditures by
Cty BA#49 Purpose: addin a .8FTE
09-
560,000
ICHD BA# 0226 WIC Nutritionist
150,000
Norfolk Southern Railroad
100,000
EXISTING
87,925
AMENDED
REVENUELINE(S)
DESCRIPTION
BUDGET
CHANGE
BUDGET
10491400 440010 54031
WIC -Client Services
-$461,265.00
-$7,421.00
-$468,686.00
70,000
EXISTING
Contingency
AMENDED
EXPENSELINE(S)
DESCRIPTION
BUDGET
CHANGE
BUDGET
25,000
SALARY & WAGES -
2
"Providencia is also paying for
rail design costs (up to $90,000) and
signal design (up to $12,500)
10914031 510002
REGULAR
$396,474.00
$5,565.00
402,039.00
10914031 512501
FICA TAX EXPENSE
$30,332.00
$425.00
30,757.00
GROUP INSURANCE
10914031 512502
EXPENSE
$89,951.00
$881.00
90,832.00
RETIREMENT
10914031 512503
EXPENSE
$39,453.00
1 $550.00
1 40,003.00
8. Request for Approval of a Public Facilities Agreement with Providencia USA:
Finance Director Susan Blumenstein said that as a part of the Community Development Block
Grant application, an agreement between the county and Providencia was needed. She said the
company planned to create 56 new jobs with a total investment of $50 million, and this would be
used for land acquisition, machinery/equipment, and the construction of a building.
Mrs. Blumenstein provided the following project budget:
CDBG
Providencia USA
Sources of Funds
CDBG $
560,000
NCDOT Rail Access grant
150,000
Norfolk Southern Railroad
100,000
Providencia"
87,925
2
Uses of Funds
Rail Construction Costs $
546,375
Rail Spur Grading
167,750
Concrete Tub Crossing
70,000
784,125
Contingency
78,800
Application Preparation
5,000
Environmental Review
5,000
Grant Application
25,000
2
"Providencia is also paying for
rail design costs (up to $90,000) and
signal design (up to $12,500)
5
A copy of the agreement is as follows:
LEGALLY BINDING COMMITMENT
PUBLIC FACILITIES AGREEMENT
THIS AGREEMENT (the "Agreement") is entered into this day, by and between Providencia
USA, a corporation authorized to transact business within the State of North Carolina (hereinafter referred
to as the "Corporation") and Iredell County, North Carolina (hereinafter referred to as the "Applicant").
This Agreement will not become effective until July 31, 2009 and until all conditions placed upon the
Applicant's funding approval are satisfied and funds are released by the Department of Commerce
(hereinafter "DOC") pursuant to a Community Development Block Grant (hereinafter "CDBG") with the
Applicant.
WITNESSETH
WHEREAS, the Applicant anticipates receiving a Community Development Block Grant from
the Department of Commerce in the amount of $560,000.00 to be used primarily to benefit low to
moderate -income persons by financing the economic development project to be undertaken by the
Applicant and the Corporation (the "Project").
NOW, THEREFORE, in consideration of the promised and the mutual covenants and promises
set forth herein, the Corporation and the Applicant hereby agree as follows:
I. AGREED ACTIONS
A. The Corporation shall execute its responsibilities as identified in Corporation's narrative exhibits and
the employment profiles contained in the Applicant's CDBG application to DOC. Those exhibits and
commitments are incorporated herein by reference, as if set out in full. The Corporation agrees to build
and operate the Project in a timely manner. Briefly, those documents describe that Providencia USA will
invest approximately $50 million for land, machinery and equipment and the construction of a 104,000
square foot building. The project will consist of the construction of approximately 2,800 if of rail spur run
to the company. The project will result in the creation of approximately 56 new jobs with at least 60% of
the jobs going to persons of low and moderate income. The Corporation confirmed that it currently has no
operations in the United States, and they commit to employ 56 additional people by December 31, 2011.
In addition, the Corporation commits to employ persons whose household income is within low to
moderate -income limits in sixty percent (60%) of all jobs created at the Corporation's Facility until the
grant is closed by DOC. The Corporation agrees that if it fails to create and maintain 56 jobs prior to
December 31, 2011, it will reimburse DOC $10,000.00 for each job not created. The Corporation also
agrees that if at the end of the grant agreement the number of prior low to moderate -income people
employed at the Facility falls below fifty one percent (51%) of the total employment at the Facility, the
entire grant amount will be due and payable to DOC by the Corporation. The Corporation's liability
under this Agreement shall not exceed the dollar amount of the grant made by the Department of
Commerce. If unforeseen calamity, an Act of God or financial disaster is the cause of action under this
section of the Agreement, the Corporation and the Applicant may appeal to DOC for an extraordinary
modification of this responsibility. Such modification shall be at the discretion of the Secretary of the
Department of Commerce. The requirement that persons of low to moderate income must hold a
minimum of fifty-onc percent (51%) of all jobs created can not be waived.
B. Each party shall keep and maintain books, records, and other documents relating directly to the receipt
and disbursement of grant funds and fulfillment of this Agreement.
C. Each party agrees that any duly authorized representative of the Applicant, DOC, the United States
Department of Housing and Urban Development, and the Comptroller General of the United States shall,
at all reasonable times, have access to and the right to inspect, copy, audit, and examine all of the books,
records, and other documents relating to the grant and the fulfillment of the Agreement for a period of
three (3) years following the completion of all close-out procedures respecting the CDBG funds, and the
final settlement and conclusion of all issues arising out of the CDBG funds.
D. Not withstanding anything herein to the contrary, the parties hereto acknowledge the due execution of
the CDBG Grant Agreement between the Applicant and DOC and agree that any conflict between the
provisions, requirements, duties, or obligations of this Agreement and the CDBG Grant Agreement shall
be resolved in favor of the CDBG Grant Agreement.
Il. ENFORCEMENT
A. If at the end of the approved project period the Corporation has failed to create the full number of job
positions and low to moderate -income job positions presented in Agreed Actions Section I of this
6
Agreement, or to incur the full level of private investment committed to in its grant application, as
provided above, then the Corporation will pay to the Applicant an amount calculated in the manner set out
in Section I -A of this Agreement.
B. This Agreement constitutes a legally enforceable contract and shall be governed and construed in
accordance with the laws of the State of North Carolina.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed under
Seal as of the date first above written.
9. Request from the Trinity Volunteer Fire Department for the Waiver of Solid Waste
Tipping Fees Resulting from the Demolition of a Structure on Property Owned by the
VFD: County Manager Mashburn recommended approval of this request due to past precedent
in waiving tipping fees for smaller nonprofits. He estimated the debris would be a few tons at
approximately $400 to $500. (A letter from the Trinity Fire Chief indicated the uninhabited
house on the site could not be burned for training due to close proximity to utilities.)
10. Request from the Sheriff's Department for Approval to Apply for an NC Highway
Safety Program Grant with the funding to be used for the Creation of Four Traffic Officer
Positions along with necessary equipment/vehicles and with the Local Match to be Derived
from Seized Funds: Mike Phillips with the sheriffs department, requested permission to apply
for a grant "to reduce traffic accidents, DWI violations, seat belt violations and to increase traffic
enforcement in Iredell County." Phillips said the grant funds could provide four traffic officers
along equipment and vehicles. He said the initial and on-going costs for the three-year program
would be a total of $241,410 (year one at $80,884, year two at $60,196, and year three at
$100,327).
11. Request from the Sheriffs Department for Approval to Allow the Sale of a Service
Sidearm and Award an Employment Badge to Retiring Deputy James G. Craven: The
following resolution was approved to allow Deputy Craven to purchase his service sidearm and
to retain his employment badge.
RESOLUTION REGARDING THE BADGE AND SIDEARM OF
Deputy James G. Craven
WHEREAS, Deputy James G. Craven has served honorably in the Iredell County
Sheriffs Office and has successfully met the requirements for retirement and does, upon the
occasion of his retirement, request permission 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 James G. Craven 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 # BYM231US
12. Request for Approval of the February 27 & 28, 2009 Winter Planning Session
Minutes & the March 3, 2009 Minutes (Two additions were added to the February 27
minutes.)
---------------------------------------END OF CONSENT AGENDA ---------------------------------------
Update from the Planning & Development Office Regarding the 1997 & 2008 Eight -
Hour Ozone Standard (Air Quality): Planning & Development Director Ron Smith said his
department had been working with the Lake Norman Rural Planning Organization and the
Centralina Council of Governments to address changes on the eight-hour ozone standards, and a
possible expansion to Iredell's County's nonattainment boundary. He said new standards (2008
eight-hour ozone standards) identified some proposed changes in the nonattainment boundary
currently consisting of Coddle Creek and the Davidson townships. Smith said the Department of
Environment and Natural Resources had notified area industries that current nonattainment
designations could be changed. He said input from various agencies had been helpful, and it was
the staffs recommendation to create a "working group" made up of representatives from (1)
7
local municipalities (2) major corporations (3) school systems (4) the health department and (5)
economic development offices. Smith said information would be disseminated to these groups
and input would be accepted. He said sharing the information and broadening the county's base
would aid in letting everyone know the county was "working towards coming into attainment."
Commissioner Robertson said he understood from the briefing session, that the group
would have no authority to change any behavior in Iredell County.
Smith said this was true.
Robertson said he also understood the board of commissioners had no authority to either
turn off equipment in the plants or the ability to tell people when they could drive their
automobiles in order to reduce the ozone output in the county.
Smith said this was also true. He said there were certain measures that could be taken
from the county level, but they would require partnerships with the department of transportation.
He agreed, however, "that by and large, the authority was not with Iredell County."
Robertson asked if the proposed committee had an objective statement.
Smith said no. He said all that was available was a list of potential agency candidates.
Chairman Williams asked if the establishment of the committee might at least be viewed
by others as an initiative the county was making to at least work on the ozone issue.
Smith said, "potentially so." He said the county was already working with Centralina on
certain stop -gap measures that could be implemented to help decrease the impact on ozone or air
quality. Smith said the "working group" would be a good sounding board and long term, might
have some impact on change.
Commissioner Norman asked Smith the negatives and positives of having the proposed
committee.
Smith said the nonattainment issue was "monumental," and he understood the proposed
committee wouldn't necessarily bring the county out of noncompliance. He said the committee
and staff could collectively review the issue, and some of the agencies, for instance, the
chambers of commerce, could share the information with their members. Mr. Smith said he
couldn't say the county would fall behind if the board declined to establish the committee. He
said, however, the proposed committee couldn't hurt.
Commissioner Keadle said the information submitted by the planning department
mentioned that Centralina had already established a "working group." He asked if this group had
developed any recommendations.
Smith said there was a `laundry list" of potentials, and they varied from suggestions such
as decreasing speed limits on certain roads to modifying a fleet by the usage of alternative fuels.
Mr. Smith said his staff had primarily been reviewing ideas that would work in Iredell County,
and these were then shared with Centralina. Smith acknowledged, however, that many options
shared by Centralina would not be feasible for Iredell County.
Commissioner Robertson asked, pertaining to the committee, exactly what was being
asked of the board. He said a mission statement had not been created.
Smith said basically just permission to take the next step. He mentioned it was preferred
for the committee to be informal, and as such, no specific named individuals were being
requested.
Commissioner Robertson then asked if a formal motion was actually needed.
Smith said the purpose of the request was to make sure the commissioners were "on
board before discussions began in earnest" about the issues.
9
Commissioner Keadle said some organizations, such as Centralina, didn't have the mind
set of the people in Iredell County. He reminded everyone that a recession was occurring, and
he would be concerned about the group's composition, especially if the members were supposed
to formulate a recommendation for the board. Keadle said the commissioners were the ones at
the ballot box, and the proposed group needed to reflect the thoughts and values of the county's
citizenry.
Commissioner Johnson said the air was getting cleaner, and it was not getting dirtier. He
said the problem stemmed from the fact that every time the air became cleaner, the federal
government raised the standard on what constituted clean air. Johnson said an "environmental
utopia" was not possible. Mr. Johnson agreed with Commissioner Keadle that the proposed
group "should not wander too far from what the staff had recommended for the composition."
He said some people had specific agendas, and the staff needed to work with people who dealt
in reality. He said there were two aspects: the regulatory one -- and the committee might help
to buy time to placate the regulatory authority, and then there was the political aspect. He said
it was imperative that the staff utilize committee members with the same ideology as the board
members.
Jerry Campbell, from Gaston County, said he had served on an "Air Works Commission"
in Mecklenburg County, and a task force was developed with area chambers of commerce and
others, especially industrial managers. He said several recommendations occurred out of the task
force such as car pooling, limiting the amount of vehicle idling, and the information was shared
with the Mecklenburg commission.
MOTIO by Commissioner Robertson to authorize the planning department to proceed
with developing the Air Quality Committee and to develop a charter for the organization.
AMENDMENT TO THE MOTION: Commissioner Keadle amended the motion by
saying the committee's membership, and stated purpose, should be approved by the board.
Commissioner Robertson amended his motion to reflect Commissioner Keadle's
addition.
Johnson said he understood that Mr. Smith would make the recommendations for the
committee's composition.
Robertson said the commissioners would approve the members, and the staff would
include the scope and objective of the committee.
VOTING: Ayes — 5; Nays — 0.
County Manager Mashburn said he understood a committee had been created that had
been charged to achieve certain functions. He mentioned to Mr. Smith that as such, the
committee would have to adhere to the Open Meetings and Public Records Laws.
Request from the Health Department for Approval of a Septic Pump Inspection Fee
of $120 Effective April 1, 2009: Health Director Donna Campbell said permission to establish
a new $120 fee for septic pump inspections was requested, and the board of health approved the
cost at the February 26, 2009 meeting. She said the state required the inspections every three to
five years, but they had not been provided in the past due to the extensive septic permit
inspection back log and heavy workload. She said now, with the decreased demand for well and
septic permits, it would be an opportune time to inspect the 4,500 current pump systems.
Campbell said the staff anticipated that 1,100 might be inspected during the first year. She said
one benefit would be that malfunctioning systems would be identified, plus the program would
help in achieving accreditation this fall.
Chairman Williams asked where the 4,500 systems were located.
Campbell said throughout the county, but they were primarily in the southern end. She
said many were at the lake where there were large houses on small lots.
Robertson asked how the fee amount was derived and what it covered.
9
Campbell said the cost closely mirrored the existing inspection program where the
sanitarians would review the drain fill and the actual pump system. She said $120 was charged
for the existing inspections.
Roberson asked what the inspector would actually do at the site.
Environmental Health Supervisor David Hinson said about 3,600 systems were in the
southern end, and the county had legal obligations due to sewage rules. He said a 1961
regulation required local health departments to make site visits and review the systems either on
a three or five year inspection frequency depending on the system's specifics. He said a simple
system would require an inspection every five years, but a low-pressure system would be on a
three-year cycle. Hinson said the department desired to meet the legal obligation, and he
predicted that five to ten percent might have sewage on the ground. Additionally, he said one
contributing factor to the problem was that some systems were offsite in septic -field easements.
Hinson said the staff would be looking for certain components such as pump tank risers,
electrical devices, stand pipes or valve covers, along with evidence of malfunctions, plus the
landscaping over the drainfill.
Chairman Williams asked if the $120 offset the actual cost to provide the service.
Campbell said this was what the staff believed, and past experience with existing systems
was how the $120 fee came up. She said once the fee was implemented, the staff would know
more about how much time was needed.
Chairman Williams said it was understood that no additional staff would be needed due
to the economic downtown. He asked if this was correct.
Campbell said yes.
Robertson asked, assuming the program was approved, if the inspectors would prioritize
their work and return to inspecting on-site water when the economy improved.
Campbell said they would if that was the directive of the commissioners. She said the
environmental division had been directed to be self-supporting. She said that if additional staff
were needed, a request would be made to the board of commissioners. Campbell said the staff
was being cross -trained, and they were being moved between food and lodging and on-site water
protection in an effort to best utilize them. She said the food and lodging work had not slowed
down. She said it would not be the department's intent to add more workers; however, if they
were needed, a request would probably be submitted, especially if additional revenue could be
generated to cover the costs.
Robertson said a great deal of effort had been made to ensure there was enough trained
staff to handle the needs in a timely manner. He said the septic pump inspections were different
because there was some leeway in accomplishing them, and this was unlike a property owner
needing a site plan approved and inspected.
Campbell said permits would be a priority along with wells.
Robertson said the septic pump inspections would be the last priority, and Campbell
agreed.
Johnson said that if 1,100 of the 4,500 inspections were done a year, at the required three
to five years, that about the time the first cycle was completed, the department would have to
start back over. He said it wasn't difficult to determine when a septic tank was failing because
it smelled. Johnson said it should be left alone unless it produced an odor. He asked, "Is there
no end to the average citizen being charged $120?" Mr. Johnson said 1,100 inspections
amounted to $132,000, and he understood the health department had incorporated this amount
into the budget.
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Robertson said that if the board disapproved the fee, then the staff needed to be told not
to start the septic pump inspections. He said two inspectors, who were not providing new home
construction, would have to be eliminated.
Johnson said code enforcement inspectors and sanitarians were the two types of workers
who were difficult to eliminate due to the time needed for training. He said that if the economy
improved, this could be a problem. Johnson said it appeared that to maintain the environmental
workers, the board would have to increasingly raise fees. He asked Campbell the current trend
on septic permits.
Campbell said they were down, and an increase wasn't anticipated anytime soon.
Hinson said permits usually increased in the spring; however, he would be hesitant to
make a prediction.
Commissioner Keadle asked if the tax rate could be changed mid -year.
Mashburn said no.
Keadle then said that if the fee were established, the board would be growing the
government by $132,000 a year. He said there was no way to abate that growth in revenue.
Mashburn said there was no way to abate the growth by changing the tax rate, but the
revenue itself had been abated due to less sales tax, and property tax.
Keadle said he disagreed with the notion that the fee had been abated already because as
a percentage on what people were earning, or their property values, the size of government might
be higher, and he felt this had occurred. He said there was a case to be made for a fee-based
situation, and he did not have a problem with changing the way people were taxed to a fee-based
process -- where people were using something and then taxed. He said, however, that at the
same time, the government had grown and nothing had been done to keep the size and scope of
the government the same. Mr. Keadle said there wasn't anything that could be done until the
next tax year.
OTION by Commissioner Norman to leave the fee rate the same and to not perform the
septic pump inspections.
Health Director Campbell asked if the environment health division was still expected to
be self supporting, and if not enough revenues were generated, then whatever reductions were
needed, including the reduction of staff, had to happen. In addition, she said it was assumed that
no other clinical services, or other divisions, would support environmental health. She asked if
this was correct.
Keadle said this was a good question, but it wasn't relevant to the motion.
Commissioner Johnson said the $132,000 was in the FY 10 health budget, and if the fee
wasn't approved, then the budget was in a deficit. He said the staff wanted to know the board's
suggestion on how to remedy the situation. Mr. Johnson said it either involved telling two
environmental employees that they weren't needed, or allowing other health divisions to be short
changed to make up the difference. Johnson said this was a policy decision.
Keadle said he agreed with Mr. Johnson's comments, and guidance should be given,
however, this wasn't relevant to the motion at this particular time.
VOTING: Ayes —3;Nays —2(Williams &Robertson).
Note: Please see the May 5, 2009 minutes regarding this issue. The motion, as written
above, is incorrect. A corrected motion may be seen in the May 5, 2009 minutes.
Campbell said an increased demand for clinical services was being experienced, but with
people making less money, that even with a siding fee scale, less revenue was being received.
She said a health board meeting was scheduled soon, and additional information was needed to
provide guidance to the board of health.
Johnson said it had been the policy of the commissioners to make the environmental
division as self-funded as possible. He said this had meant that more people were hired when
times were good, and that even salaries had been increased as a hiring incentive. Mr. Johnson
said that if more were hired in good economic times, then the responsibility of letting people go
when there was a downturn had to happen too. Johnson said he didn't feel it was fair to the
health director, the staff, and the health board, "to balance the environmental budget off the
backs of the other divisions." He said any cost savings needed to be from environmental health.
Chairman Williams said he understood the health director had already studied some
options to balance the budget.
Campbell said four environmental positions had been unfunded and 2.5 FTEs had been
shifted to food and lodging due to a state study showing this need. She said the department was
to the point, now, that if a decrease had to occur, positions would have to be eliminated. She
said this could be in excess of two people, maybe 2.5 or 2.6.
Commissioner Robertson said the food and lodging fees were established by the state,
and the amount didn't cover the cost. He said that when employees were moved from a self-
funded department into one not self-supporting, then, the county was in essence responsible for
their salaries.
Request for Approval of the Recreation Comprehensive Master Plan: Parks &
Recreation Director Robert Woody said the first comprehensive plan was done in 1977 as a joint
project with the City of Statesville. He said last year, his department contracted with Site
Solutions for a new plan, and it was initially presented to the board of commissioners on
October 21, 2008. Woody said the plan was also discussed at the commissioners' Winter
Planning Session this past February.
Commissioner Robertson said he and former Commissioner Sara Tice objected to the
plan, when it was first presented, due to the bulk of recommended parks and recreation funding
being directed to areas other than the southern end. Robertson said demographic projections
showed that the growth area in the next few years would be south of Troutman. Mr. Robertson
said he didn't feel that any of the plan's recommendations were wrong, but he felt the plan was
void of addressing the needs of the largest population area of the county, as well as void for
remedying the future growth areas. Robertson said he understood the plan was needed to apply
for grants, and for this reason it would probably be approved; however, he said for the plan to be
implemented, it would take hundreds of thousands of dollars a year to be set aside to buy land.
Mr. Robertson said he didn't feel the parks plan would be implemented until the economy turned
around. He said his objection might be symbolic but everyone should remember when the
economy improved, that the plan, as written, wasn't wrong; however, it was missing a few vital
pieces.
Woody said the Town of Mooresville had updated its parks plan, and a large portion of
the Mooresville area would be covered.
Commissioner Johnson said he was on the board when the Stumpy Creek Park, located in
the southern end, was built, and it should be noted that this part of the county was the only sector
that had a park. He said the plan was a start, and it was needed to apply for grants.
county.
Commissioner Norman asked if the plan addressed the demographics of the entire
Woody said, "It does."
Robertson said the Mooresville citizens paid city and county taxes. He said the board
was saying the Mooresville citizens had to have higher city taxes for recreational needs in order
to let their county recreational dollars go to other places. He said this was the same for law
enforcement.
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Plan.
Johnson said there wasn't anything inherently fair about taxing anybody.
MOTION by Commissioner Johnson to approve the Comprehensive Recreation Master
VOTING: Ayes — 4; Nays — I (Robertson).
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS &
COMMISSIONS
Adult Care Home Community Advisory Committee (1 announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Adult Care Home Community Advisory Committee (5a ointments): No
nominations were submitted, and Commissioner Johnson made a motion to postpone the
appointments until the April 7 meeting.
VOTING: Ayes — 5; Nays — 0.
Statesville Planning Board T.) (1 appointment): No nominations were submitted,
and Chairman Williams made a �naionl to postpone the appointment until the April 7 meeting.
VOTING: Ayes — 5; Nays — 0.
Nursing Home Advisory Committee (3 appointments): Chairman Williams
nominated Sharon Molleur.
No other nominations were submitted, and Chairman Williams made a motion to appoint
Molleur by acclamation and to postpone the remaining appointments until the April 7 meeting.
VOTING: Ayes — 5; Nays — 0.
I -CARE Board of Directors (1 appointment): Commissioner Robertson nominated
Robert Gourley.
No other nominations were submitted, and Commissioner Johnson made a motio to
appoint Gourley by acclamation.
VOTING: Ayes — 5; Nays — 0.
Animal Grievance Committee (2 appointments): Commissioner Keadle nominated
D.J. Loyd.
No other nominations were submitted, and Chairman Williams made a �Y1046 to appoint
Loyd by acclamation and to postpone the remaining appointment until the April 7 meeting.
VOTING: Ayes — 5; Nays — 0.
Local Emergency Planning Committee (2 appointments): Commissioner Robertson
nominated Captain Kevin Ross (general public) and Tommy Cook (Red Cross).
OTION by Chairman Williams to close the nominations and appoint Ross and Cook by
acclamation.
VOTING: Ayes — 5; Nays — 0.
PUBLIC COMMENT PERIOD: The public was offered and opportunity to speak, but
no one accepted.
NEW BUSINESS
County, State & Federal Mandates or Requirements: Commissioner Robertson requested
the county manager to ask the staff if there were any requirements or mandates that had been
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imposed either by action of the board of commissioners, the state, or the federal government
where someone could make a good case showing (1) it was costing money to comply or to meet
the requirements or (2) the benefit to the community did not justify the cost. Robertson said the
commissioners could then review the information, and if it was within the board's authority, the
matter could be re -revisited to see if the board could be released of any commitment.
Continuing, he said that if the matter was a state requirement, then perhaps a waiver could be
given if only for the duration of the economic downturn. He said an example would be the
ruling about septic pump inspections. Robertson said he supported the motion because the law
of the land said the inspections would occur. He said some items might also be discussed with
the legislators.
OTION by Commissioner Roberson to direct the county staff to review county, state,
and federal mandates considered expensive, and with little value, in order for the county to be
relieved of the obligations in an effort to preserve some of the county's limited funds for things
that are actually important and of benefit to the community.
MOTTO by Commissioner Keadle to postpone the decision.
VOTING (Commissioner Keadle's Motion): Ayes — I (Keadle); Nays — 4.
Original Motion Voting (Commissioner Robertson's Motion):
VOTING: Ayes — 5; Nays — 0.
Service Sidearm Sales to Retiring Deputies: Commissioner Keadle mentioned that each
time a deputy retired from the sheriff's department, the board approved a resolution to allow the
individual to purchase his/her service sidearm and to retain their employment badge. He said a
discussion had occurred with the county attorney, and there might be a method that could be
established to eliminate the need for board action.
Chairman Williams asked Attorney Pope to review the statute, determine if something
could be worked out, and to report back to the board.
COUNTY MANAGER'S REPORT: County Manager Mashburn said a written activity
report had been submitted. He said there was a slight upturn in regards to construction activity.
Budget Reductions Discussed at the Winter Planning Session: Mashburn provided the
following update on actions being considered to cut costs and those already implemented.
• One position eliminated in the Tax Administration Office.
• One contract was eliminated in Revaluation. Two code enforcement inspectors are
now doing the contract work (collecting field data).
• Cancelled a mowing contract (This is being done in-house saving $70,000 a year.)
• Cancelled employee recognition events (saved $15,000).
• Reduction in hours of library service (I hour per day cut along with not opening on
Sunday).
• Reduce overtime by 15% (savings of $210,000).
• Five countywide unpaid leave days (savings of $650,000). The days will be spread
out over the year in conjunction with a holiday. There will be some savings in
energy. The unpaid leave days will not apply to emergency services with the
exception of administrative or support positions.
• Personnel Reductions (This could possibly be done through attrition or by offering
incentives to employees nearing retirement to accelerate their plans.
Mr. Mashburn said the biggest cost reduction had to be in payroll.
First Refusal of the Ebenezer School Site: Mashburn said the Iredell-Statesville School
System had sent a letter saying the new Cloverleaf Elementary School would open in the fall
leaving the Ebenezer School site unused. He requested permission for the staff to evaluate the
Ebenezer building and the grounds for future county use. Mashburn said the site was ideally
located for emergency services.
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No board members voiced any objections.
Appreciation Expressed by Chairman Williams: Mr. Williams thanked everyone for
the many phone calls, visits, letters, cards, and prayers that had been extended to him following the
announcement that he pancreatic cancer. He said his second round of chemo would soon occur,
and the many gestures of kindness were appreciated.
CLOSED SESSION: MOTIO by Chairman Williams, pursuant to G.S. 143-318.11 (a)
(4) Economic Development, to enter into closed session at 8:30 P.M.
VOTING: Ayes — 5; Nays — 0.
(RETURN TO OPEN SESSION AT APPROXIMATELY 9:00 P.M.)
CALL FOR A PUBLIC HEARING: MOTIO by Commissioner Johnson to call for a
public hearing on April 7, 2009, at 7 P.M., regarding an economic development incentive of
$91,581.00, over a five-year period, for the Exeter Property Group based on a $5,145,000.00
investment in Iredell County.
VOTING: Ayes — 4; Nays — I (Keadle).
ADJOURNMENT: There being no further business, Chairman Williams adjourned the
meeting at approximately 9:05 P.M. (NEXT MEETING: April 7, 2009 at 5 and 7 P.M., in the
Iredell County Government Center, 200 South Center Street, Statesville, NC.
Approved:
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Clerk to the Board