HomeMy WebLinkAboutNovember_17_2009_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
NOVEMBER 17 2009
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
November 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
Ken Robertson
Absent: Vice Chairman Marvin Norman
Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy
County Manager Tracy Jackson, Finance Director Susan Blumenstein, Purchasing Agent
Dean Lail, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Williams
INVOCATION by Commissioner Johnson
REMARKS FROM THE CHAIRMAN REGARDING COMMISSIONER
MARVIN NORMAN WHO RECENTLY HAD HEART SURGERY: Chairman Williams
said Commissioner Marvin Norman had triple bypass surgery at Baptist Hospital, but he was
expecting to be discharged on Friday, November 20. Williams requested that everyone
remember Norman in their prayers as he recovered from the operation.
PLEDGE OF ALLEGIANCE
ADJUSTMENTS OF THE AGENDA: No adjustments were presented, and
Commissioner Robertson made a motion to approve the agenda.
VOTING: Ayes - 4; Nays — 0.
APPOINTMENT BEFORE THE BOARD
Presentation of the Comprehensive Annual Financial Report for Fiscal Year Ended
June 30, 2009 by Martin Starnes & Associates: CPA Amber McGinnis presented information
on the county's annual financial report which included compliance letters and financial
statements. She said Martin Starnes had rendered an unqualified opinion which was a "clean"
opinion. McGinnis said the June 30 General Fund amounts for cash were $37,498,337 along
with $154,827,880 in revenue and $179,870,834 in expenditures. She said that due to the
economy, the fund balance had decreased $7,567,874 since the 2008 audit; however, the 2009
balance at 15% was sufficient as it would cover two months of expenditures. McGinnis said
the county's sales tax revenue was also lower for 2009 due to the lagging economy.
items.
SENT AGENDA
OTION by Commissioner Williams to approve the following seven consent agenda
VOTING: Ayes — 4; Nays — 0.
1. Request for Approval of the October Refunds and Releases: County Manager
Mashburn said the tax department had submitted the October refunds and releases, and they were
recommended for approval.
October 2009
Breakdown of Releases
County
$30,198.62
Solid Waste Fees
$344.25
E. Alex. Co. Fire #1
$27.84
Shepherd's Fire #2
$359.39
Mt. Mourne Fire #3
$96.79
All County Fire #4
$1,221.93
B&F Fire #5
$247.50
Statesville City
$1,589.53
Statesville Downtown
$8.41
Mooresville Town
$15,493.57
Mooresville Downtown
$0.00
Mooresville School
$2,747.54
Love Valley
$0.00
Harmony
$13.51
Troutman
$338.54
Davidson
$81.57
Refunds for the Month of October 2009
Breakdown of Refunds
County
$679.83
Solid Waste Fees
$20.30
E. Alex. Co. Fire #1
$0.00
Shepherd's Fire #2
$31.63
Mt. Mourne Fire #3
$0.00
All County Fire #4
$15.72
B&F Fire #5
$0.00
Statesville City
$0.00
Statesville Downtown
$0.00
Mooresville Town
$511.55
Mooresville Downtown
$0.00
Mooresville School
$259.18
Love Valley
$0.00
Harmony
$0.00
Troutman
$0.00
Davidson
$0.00
Monthly
Total
$52,768.99
Monthly
Total
$1,518.21
2. Request for Approval of Budget Amendment #27 in the Amount of $61,050 for the
Appropriation of Federal Equity Sharing Funds for the Purchase of Equipment to be Used
by the Emergency Response Team and Narcotics Unit: Captain Mike Phillips, with the
Sheriff's Department, said this budget amendment would allow the department to replace
outdated apparel (flak jackets, etc.) and purchase equipment.
BA#27
(11/17/09)
Account #
To appropriate Federal Equity Sharing funds for purchase of specialized Rfles
and Other Seized Funds for purchase of uniform and equipment replacements
for the SERT Team
Current CharW An uxled
General Fund
104510 4820.00
Federal Equity Sharing
(136,698)
(61,050)
(197,748)
105510 5366.00
Uniforms
152,345
46,650
198,995
105510 6200.00
1 Non -Depreciable Assets
1 2,530
1 14,400
1 16,930
3. Request for Approval of Budget Amendment #28 to Accept a $17,000 NC State
Animal Response Team (Emergency Management) Cargo Trailer Grant: Animal
Services Manager Chris Royal requested approval to accept a 2008 CAMET cargo trailer
available through a North Carolina State Animal Response Team grant.
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4. Request for Approval of Budget Amendment #29 to Accept a $23,000 Library
Services & Technology Act (LSTA) Grant that will be used to Purchase Computers for the
Troutman Library: Library Director Steve Mesick requested approval to accept a LSTA
$23,000 grant that would be used to purchase 16 computers/tables for the Troutman Library. He
said the $3,000 grant match was included in the 09-10 Troutman Library Budget.
To recognize the receipt of a State Armed Response Team troller in the Aninel
BAM
Control department provided by grant funds.
(11/17/09)
Librarydiv sign in the 2009-2010 budget process.
Account #
Current Change Amended
Accourt #
General Fund
(119,900)
General Fund
104700457101
104532 438050
S4RTCrant
104650 456120 651
(17,000)
(17,000)
105532 650000
Vehicles and Trailers
1,800
17,000
18,800
4. Request for Approval of Budget Amendment #29 to Accept a $23,000 Library
Services & Technology Act (LSTA) Grant that will be used to Purchase Computers for the
Troutman Library: Library Director Steve Mesick requested approval to accept a LSTA
$23,000 grant that would be used to purchase 16 computers/tables for the Troutman Library. He
said the $3,000 grant match was included in the 09-10 Troutman Library Budget.
5. Request for Approval of Budget Amendment #30 to Recognize Revenues Received
from the Public School Building Capital Fund (PSBCF) and Lottery for Iredell-Statesville
School System Projects: Finance Director Susan Blumenstein said the board approved
applications for the PSBCF and lottery proceeds at the October 6 meeting, and a budget
amendment was now needed to disburse the funding.
BA#30
11/17/2009
Account #
To recognize a Library Servioes and Technology Act grant in the amount of $23,000
to purchase conprders. The retch for this grant was budgeted in the Troutman
BA#�9
Librarydiv sign in the 2009-2010 budget process.
(11/17/09)
104700 457000
Accourt #
Current Change Amended
(119,900)
General Fund
104700457101
Lottery Proceeds - ISS
(2,900,000)
104650 456120 651
LSTA Grant
104020 433000
(23,000)
(23,000)
105651 620000 651
Non -Depreciable Assets
105700 560003
2,000
2,000
105651 620150 651
Nan eaabileAssets Carputers
105700 560004
21,000
21,000
5. Request for Approval of Budget Amendment #30 to Recognize Revenues Received
from the Public School Building Capital Fund (PSBCF) and Lottery for Iredell-Statesville
School System Projects: Finance Director Susan Blumenstein said the board approved
applications for the PSBCF and lottery proceeds at the October 6 meeting, and a budget
amendment was now needed to disburse the funding.
BA#30
11/17/2009
Account #
To recognize proceeds of Public School Building Capital Fund and Lottery
Proceeds and appropriate to Iredell-Statesville Schools. Projects approved by
the BOC 10/612009
Current Change Amended
General Fund
104700 457000
Public School Capitol Fund
(1,800,000)
(119,900)
(1,919,900)
104700457101
Lottery Proceeds - ISS
(2,900,000)
(884,615)
(3,784,615)
104020 433000
Beer&VUneTaxes
426,940
232,552
659,492
105700 560003
ISS- PSBCF Projects
1,800,000
119,900
1,919,900
105700 560004
ISS - Lpiltay PiAects
2,900,000
652,063
3,552,063
6. Request for Approval of Budget Amendment #31 to Recognize a $99,600
Community Based Gang Prevention Grant from the North Carolina Department of
Juvenile Justice for Juvenile Crime Prevention Council Programs: Finance Director
Susan Blumenstein said the Juvenile Crime Prevention Council had been awarded a gang
prevention grant and the funds would be used by Barium Springs Home for Children,
Appropriate Placement Options, and Piedmont Mediation. She said no county funds would be
needed for the $99,000 grant.
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13A1K31
(11/17/09)
To recognize an ARRA grant for JCPC Gang Prevention Initiative and appropriate to
agencies providing services.
Acxaart #
Current
Change
Amended
General Fund
394486 4341.22
ARRA- JCPC Gang Grant
-
(99,600)
(99,600)
395486 5634.01
ARRA- Gang Gmt-APO
-
18,355
18,355
395486 5634.02
ARRA- Gang Gmt-Barium
-
64,300
64,300
395486 5634.03
ARRA- Redmal Mediation
-
16,945
7. Request for Approval of the Installment Purchase Financing Documents for the
Mitchell Community College Mooresville Campus Project and the Union Grove
Elementary Project: The Chairman introduced the following resolution, a copy of which had
been provided to each Commissioner, which was read by title and summarized by the Director of
Finance:
RESOLUTION APPROVING A PROPOSED INSTALLMENT FINANCING
AGREEMENT TO FINANCE THE COST OF CERTAIN COMMUNITY
COLLEGE FACILITIES AND CERTAIN SCHOOL FACILITIES,
APPROVING CERTAIN OTHER DOCUMENTS AND ACTIONS RELATING
THERETO AND AUTHORIZING OFFICIAL ACTION IN CONNECTION
THEREWITH, INCLUDING CERTAIN FEDERAL INCOME TAX
ELECTIONS.
WHEREAS, the County of Iredell, North Carolina (the "County") has determined that it
is necessary and expedient to finance the construction of a new building for Mitchell Community
College at its Mooresville campus, including the construction and equipping of seventeen
general classrooms, and one multi -use classroom, and the expansion of Union Grove Elementary
School, including the construction and equipping of additional classrooms, a computer room, an
art room, resource rooms, and teacher centers, demolition of existing structures, sewer upgrades
and related sitework (collectively, the "Project"); and
WHEREAS, in order to effectuate the financing of the Project, the County and RBC
Bank (the "Bank") propose to enter into an Installment Financing Agreement (as hereinafter
defined), pursuant to the authority granted to the County under Section 160A-20 of the General
Statutes of North Carolina; and
WHEREAS, the Board of Commissioners for the County has determined that it is in the
best interests of the County that the County enter into said Installment Financing Agreement to
make available to the County funds with which to finance the cost of the Project and pay costs
relating to the execution and delivery of the Installment Financing Agreement; and
WHEREAS, in connection with such financing, it is necessary for the County to approve
certain other documents relating thereto and to authorize certain action in connection therewith;
and
WHEREAS, there have been presented at this meeting copies of the following documents
relating to the financing of the Project:
(a) a draft of the proposed Installment Financing Agreement, to be dated as of
December 15, 2009 or another mutually agreeable date (the "Installment Financing Agreement"),
between the County and the Bank, pursuant to which the Bank will make available to the County
funds with which to finance the cost of the Project and costs relating to the execution and
delivery of the Installment Financing Agreement, and the County will, among other
requirements, be obligated to make Installment Payments (as defined in the Installment
Financing Agreement) and certain other payments;
(b) a draft of the proposed Deed of Trust, to be dated as of December 15, 2009 or
another mutually agreeable date (the "Deed of Trust"), from the County to the deed of trust
trustee named therein, as deed of trust trustee, for the benefit of the Bank, by which the County
will secure its obligations to the Bank under the Installment Financing Agreement;
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(c) a draft of the proposed Escrow Agreement, to be dated as of December 15, 2009
or another mutually agreeable date (the "Escrow Agreement"), between the County and RBC
Bank, as escrow agent, providing for the deposit and investment of advances made by the Bank
under the Installment Financing Agreement, pending the application of such amounts to pay
costs of the Project and costs relating to the execution and delivery of the Installment Financing
Agreement;
(d) a draft of the Construction and Acquisition Agreement, to be dated as of
December 1, 2009 (the "School Construction Agreement"), between the County and Iredell-
Statesville Schools Board of Education (the "Board of Education"), pursuant to which the Board
of Education will use its best efforts to cause the completion of the construction of the portion of
the Project relating to public school facilities;
(e) a draft of the Construction and Acquisition Agreement, to be dated as of
December 1, 2009 (the "Community College Construction Agreement"), between the County
and Mitchell Community College (the "Community College"), pursuant to which the
Community College will use its best efforts to cause the completion of the construction of the
portion of the Project relating to community college facilities;
(f) a draft of the Lease Agreement, to be dated as of December 1, 2009 (the "School
Lease Agreement"), between the County and the Board of Education; and
(g) a draft of the Lease Agreement, to be dated as of December 1, 2009 (the
"Community College Lease Agreement"), between the County and the Community College;
WHEREAS, the Board of Commissioners for the County desires to delegate to the
County Manager or the Director of Finance of the County the authority to elect on behalf of the
County to treat the County's obligation to make Installment Payments under the Installment
Financing Agreement as "build America bonds" under Section 54AA(d) of the Internal Revenue
Code of 1986, as amended (the "Code"), and "qualified bonds" within the meaning of Section
54AA(g) of the Code eligible for the credit payable by the federal government pursuant to
Section 6431 of the Code; now, therefore,
BE IT RESOLVED by the Board of Commissioners for the County of Iredell, North
Carolina:
Section 1. Capitalized words and terms used in this resolution and not defined herein
shall have the same meanings in this resolution as such words and terms are given in the
Installment Financing Agreement.
Section 2. The acceptance of an offer by the Bank to enter into the Installment Financing
Agreement with the County to finance costs of the Project and costs relating to the execution and
delivery of the Installment Financing Agreement, provide funding in the amount of
approximately $7,691,300, during a term of approximately one hundred twenty months at an
interest rate of 4.74% (without taking into account any credit to be paid by the federal
government to the County pursuant to Section 6431 of the Code) is hereby ratified and approved.
Section 3. The forms, terms and provisions of the Installment Financing Agreement, the
Deed of Trust, the Escrow Agreement, the School Construction Agreement, the Community
College Construction Agreement, the School Lease Agreement and the Community College
Lease Agreement are hereby approved in all respects, and the Chairman or Vice Chairman of the
Board of Commissioners, the County Manager, the Director of Finance, the Clerk to the Board of
Commissioners and counsel to the County are hereby authorized and directed to execute and
deliver the Installment Financing Agreement, the Deed of Trust, the Escrow Agreement, the
School Construction Agreement, the Community College Construction Agreement, the School
Lease Agreement and the Community College Lease Agreement, in substantially the forms
presented to this meeting, together with such changes, modifications and deletions as they, with
the advice of counsel, may deem necessary and appropriate; such execution and delivery shall be
conclusive evidence of the approval and authorization thereof by the County.
Section 4. The County Manager or the Director of Finance of the County is hereby
authorized to elect on behalf of the County to treat the County's obligation to make Installment
Payments under the Installment Financing Agreement as "build America bonds" under Section
54AA(d) of the Internal Revenue Code of 1986, as amended (the "Code"), and "qualified bonds"
within the meaning of Section 54AA(g) of the Code eligible for the credit payable by the federal
government pursuant to Section 6431 of the Code, and to execute and deliver such information
reporting forms and other documentation that the County Manager or Director of Finance deem
to be necessary and appropriate to enable the County to obtain such credit.
Section 5. The Chairman or Vice Chairman of the Board of Commissioners, the County
Manager, the Director of Finance, the Clerk to the Board of Commissioners and counsel to the
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County are hereby authorized and directed to take such action and to execute and deliver such
documents, certificates, undertakings, agreements and other instruments as they, with the advice
of counsel, may deem necessary or appropriate to effectuate the transactions contemplated by the
Installment Financing Agreement, the Deed of Trust, the Escrow Agreement, the School
Construction Agreement, the Community College Construction Agreement, the School Lease
Agreement and the Community College Lease Agreement.
Section 6. This resolution shall take effect immediately upon its passage.
OF CONSENT AGENDA ----------------------------------------
Request for Approval of a Resolution Designating a Recovery Zone for Purposes of
the American Recovery and Reinvestment Act (ARRA) of 2009: Mooresville -South Iredell
Economic Developer Russell Rogerson and Greater Statesville Economic Developer Mike Smith
requested approval of an ARRA recovery zone resolution. Smith said tax exempt financings
were available for bond projects due to the county's high unemployment rate. He said specific
areas had been designated due to the belief that they met the federal criteria.
Rogerson said that once an official zone was created, the eligible projects would be
presented to the board. He said a "filing of intent to use" would occur, and then the board of
commissioners would be asked to allocate the funds to the appropriate local government body
such as Statesville, Troutman, or Mooresville. Rogerson said the municipalities would be the
bond issuers after Local Government Commission (LGC) approval. He said the bonds were
divided between public and private issuance. Rogerson said the private sector bonds would be
authorized by the Industrial Revenue Bond Authority, and the public bonds would be approved
through the local governments, after bond counsel review, with both needing LGC approval.
Smith said the bonds had to be acted upon by December 15.
Commissioner Keadle said the resolution, in Section 2, had specific townships listed;
however, there were not any areas in north Iredell. He asked if there was a reason.
Smith said the bonds had to be used by December 2010, and in reviewing the known
projects, it was felt that the development would start at the Jane Sowers Road and then
southward. He said there was no intent to leave the northern area out, but the designation was
made due to the timeframe. Mr. Smith said the entire county could be designated.
Commissioner Keadle asked if there was any harm in designating the entire county, and
if not, would the economic developers object to revising the resolution. He said the sentence
listing the townships could be revised by stating the entire county was designated.
Smith said there were no objections to revising the resolution.
Commissioner Johnson said he understood the economic developers would return to the
board with a recommendation regarding an economic recovery zone.
Rogerson said a zone needed to be established, and it could be the entire county. He said
the information was "loosely worded on how to create a zone." Rogerson said once a zone was
created, projects within it would be eligible to come forward and file a letter of intent to utilize
the bonds.
Johnson said that with Mr. Keadle's amendment, sometime in the future the economic
developers would return to the board with recommended projects in specific areas.
Rogerson said by December 1. He said the timeframe was condensed and the
Department of Commerce was in control of the bond process. Mr. Rogerson said the bonds had
to be used by the end of 2010, and this was federal law. He said that if there were any "shovel
ready" projects they would be identified by December 1, and then a request for an allocation of
funds to the communities would be made. Next, he said a filing had to occur by December 15 to
be eligible, and then they had to proceed to the LGC by April 1. Rogerson said that if the funds
were spread to all of North Carolina's counties, the Department of Commerce, after
December 15, would take the funds not utilized and put them into projects for "regional
significance." He said that if letters of intent were filed by December 15; however, the projects
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did not occur for some reason, the state would take the funds, and after April, re -appropriate
them to projects of "regional significance.
Smith said the recovery zone bond program was a "use -it or lose -it" situation. He said
the funds were loans and not grants with there being two different funds, one for infrastructure
and the other for facilities. Mr. Smith said he was unaware of any projects that would qualify
for facility bonds.
Commissioner Johnson said that if the board approved the resolution, it would only be
letting everyone know it was willing to participate, and if it didn't, the $12,106,000 would revert
to the state.
Smith said this was correct.
Rogerson said the zone could be designated, and the letters of intent could be done at the
same meeting; however, it had been decided to separate the two items.
Smith said there would not be a financial responsibility on the county. He said this
would fall back on the municipalities.
Commissioner Robertson expressed suspicion on the process. He said there was only a
two-week timeframe, and the state would pull the funds back to the Department of Commerce
and then use the money on projects the state endorsed.
Rogerson said the projects needed to be "shovel ready," but the county could return for
"regional significance" funding.
Commissioner Robertson pointed out that then, instead of the county approving a project,
someone else would have the authority.
Rogerson said this was correct.
Commissioner Keadle asked when the economic developers became aware of the
funding.
Smith said the new program occurred in late June with several changes since then. He
said many of his peers throughout the state were in the same position.
Keadle asked when conversations started occurring with the local municipalities.
Rogerson said within the last month.
Keadle asked if anyone in the northern section of the county had been contacted.
Smith, the developer for the northern end, said no.
Keadle asked why.
Smith said that in terms of infrastructure, to get it that far north, it would not be
financially feasible. He said the $12 million was for infrastructure and there was $18 million for
facilities. Smith said the facility projects had to be "in hand" and there wasn't any known. He
said that due to infrastructure costs, this was why the northern townships had been omitted.
Keadle asked Mr. Smith if he already knew there were no known facility projects in the
northern area.
Smith said he was not aware of any.
Keadle said he wanted to make sure the northern end was being reviewed just as much as
the southern end.
Smith said yes (it was).
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Commissioner Johnson asked, assuming the county participated, if the process would be
handled similarly to industrial revenue bonds.
Rogerson said the private sector side would be authorized by the Industrial Facilities and
Pollution Control Authority.
MOTION by Commissioner Johnson to approve the request for the adoption of the
resolution with the amendment as suggested by Commissioner Keadle.
VOTING: Ayes — 4; Nays — 0.
The resolution will be as follows:
RESOLUTION DESIGNATING A RECOVERY ZONE FOR PURPOSES OF THE AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009
WHEREAS, the American Recovery and Reinvestment Act of 2009 ("ARRA") was signed into
law on February 17, 2009, which includes the Statement of Purposes:
1) To preserve and create jobs and promote economic recovery.
2) To assist those most impacted by the recession.
3) To provide investments needed to increase economic efficiency by spurring technological
advances in science and health.
4) To invest in transportation, environmental protection, and other infrastructure that will provide
long term economic benefits.
5) To stabilize State and local government budgets, in order to minimize and avoid reductions in
essential services and counterproductive state and local tax increases.
WHEREAS, the ARRA provides that gross income does not include interest on any bond
designated by the issuer thereof as a recovery zone economic development facility bond or a
recovery zone facility bond; and
WHEREAS, the ARRA provides that the proceeds of recovery zone economic development
facility bonds must be used for qualified economic development purposes, i.e., expenditures for
purposes of promoting development or other economic activity in a recovery zone; and
WHEREAS, the ARRA provides that 95 percent or more of the net proceeds of a recovery zone
facility bond must be used for recovery zone property which is in a recovery zone and is in the
active conduct of a qualified business by the taxpayer in such zone; and
WHEREAS, the ARRA provides with respect to recovery zone economic development facility
bonds and recovery zone facility bonds that a recovery zone is (1) any area designated by the
issuer of such bonds as having significant poverty, unemployment, rate of home foreclosures, or
general distress, and (2) any area for which a designation as an empowerment zone or renewal
community is in effect;
Section 1. In order for the Issuer to avail itself of the economic development stimulus provisions
contained in the ARRA, the Issuer hereby designates the area within the geographic jurisdiction
of the Issuer as a recovery zone (the "Recovery Zone"):
Section 2. The Recovery Zone in Iredell County, North Carolina would include the entire
county. The communities within the county have been hit by high unemployment and general
distress as a result of economic conditions.
Section 3. All actions of the officers, agents and employees of the Issuer that are in conformity
with the purposes and intent of this Resolution, whether taken before or after the adoption
hereof, are hereby ratified, confirmed and adopted.
This Resolution shall be in full force and effect immediately upon its adoption this the 17th day
of November, 2009.
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Request for Approval of Budget Amendment #32 for a One -Year -Lease Agreement
for Rental Space at 204 Cooper Street, Statesville, NC for the Intensive Probation &
Parole Office: Purchasing Agent Dean Lail said earlier this fiscal year, the N.C. Department of
Correction sent notification that Iredell County would be responsible for providing office space
for the Intensive Probation & Parole Division. He said the state currently leased space at 204
Cooper St. (City Center), Statesville, NC, that was owned by the James Jennings Marital Trust,
and annually paid $41,093.54. Lail said the following choices were given to the county in
providing the space (1) it could provide space in a county building, (2) it could obtain new space,
(3) it could sublet the current space from the State or (4) it could renegotiate a new lease with the
owner for the currently occupied space. Lail said there were no county buildings available with
adequate space, and after reviewing the costs for rentals in the Statesville area, it was determined
that the Cooper Street property was an efficient means to house the state employees. He said a
new one-year lease had been negotiated between the County and the owner (the James Jennings
Marital Trust), with an option to extend for two additional one-year periods. Lail said the annual
rent had been reduced by 12.4%, and the county would pay for lights and water while the owner
would continue to provide natural gas, janitorial services and the necessary repairs/upkeep. Mr.
Lail said a budget amendment had been drafted to transfer contingency funds to the
courts/buildings rental line item. He said that savings, negotiated from earlier janitorial
contracts, would pay for the utilities.
Commissioner Robertson said he assumed that none of the probation and parole staff
worked for the county.
County Manager Mashburn said this was correct -- they were all state employees.
Robertson remarked that it sounded like next week the state could say the county had to
pay for the highway patrol's office space.
Mashburn said the state could do this. He said the General Assembly passed the law.
Robertson said this would be similar to the county telling Statesville that it had to pay the
rent and expenses for courts within the city limits. Commissioner Robertson expressed concern
that more costs would be passed on to the counties.
Commissioner Keadle said the state wanted the counties to raise taxes instead of the
General Assembly.
Commissioner Robertson said, "The state has its hands deep in our pockets, and this is a
way to shed expenses onto county governments."
Commissioner Johnson said this had been occurring for many years. He said people
might wonder why the biggest issue in New Jersey was the property tax. Johnson said the reason
behind property taxes and the New Jersey Governor's race was due to New Jersey passing the
costs to the local governments. He said the state's spending was out of control. Johnson said
that if "Obamacare" passed, havoc would be wreaked on the Medicaid bill that would have to be
paid by the states. He said that when this happened, the state would look towards the local
governments to pay the costs. Johnson said that if the trend continued, the property tax rate
would be determined, to a greater extent in Raleigh, rather than the local boards of
commissioners and city councils.
Commissioner Robertson asked what happened if the board didn't approve the request.
Mashburn said the county was required by law to fund the office space. He said the
county had no options other than what Mr. Lail pointed out.
MOTTO by Commissioner Johnson to follow Mr. Lail's recommendation and to
reallocate the funding as suggested.
VOTING: Ayes — 4; Nays — 0.
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BA#32
11/17/2009
To transfer funds from Contingency to Cairts-Building Rental to cover 6-n-aths lease cast
for Probation Offices on Cooper Street. State appropriations for the lease end Decerrber
31, 2009. Transfer saongs on Jantorial Contracts to Utilities to cover
Ac co rt #
Current Change Amended
General Fund
105480 5302.00
Contingency
250,000
(18,000)
232,000
105465 5345.00
Building Rental
17,400
18,000
35,400
105465 5375.04
Cont Services - Janitorial
77,000
(3,000)
74,000
105465 5370.00
1 Utilities- Bectricity & Water
1 150,000
3,000
153,000
Request for Approval of the November 3`a & 61h, 2009 Minutes: MOTION by
Commissioner Keadle to approve the November 3 & 6, 2009 minutes.
VOTING: Ayes — 4; Nays — 0.
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Zoning Board of Adjustment (2 announcements)
Recreation Advisory Board (2 announcements)
*Purchase of Development Rights Committee (3 announcements)
Information & Referral Service (1 announcement)
Home & Community Care Block Grant Committee (2 announcements)
Board of Health (2 announcements)
Community Alternatives Program — Disabled Adults (CAP -DA) (6 announcements)
Criminal Justice Partnership Program Committee (CJPP) (4 announcements)
Nursing Home Advisory Board (1 announcement)
*Purchase of Development Rights (PDR) Committee (3 appointments): MOTION
by Commissioner Johnson to suspend the Rules of Procedure regarding
announcements/appointments to boards and committees in order to appoint members to the PDR
committee.
VOTING: Ayes — 4; Nays — 0.
Commissioner Johnson nominated Wade Carrigan, Ken Vaughn, and Rob Collier to the
Purchase of Development Rights Committee.
MOTION by Chairman Williams to close the nominations and appoint Carrigan,
Vaughn, and Collier by acclamation.
VOTNG: Ayes — 4; Nays — 0.
APPOINTMENTS TO BOARDS & COMMISSIONS
Crossroads Behavioral Healthcare (3 appointments): Chairman Williams nominated
Bill Furches, Susan S. Williams, and Gail Mitchell.
No other nominations were submitted, and Chairman Williams made a otion o appoint
Furches, Williams, and Mitchell by acclamation.
VOTING: Ayes — 4; Nays — 0.
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Animal Grievance Committee (1 appointment): Chairman Williams nominated
Cynthia Andrews.
No other nominations were submitted, and Chairman Williams made a motion to appoint
Andrews by acclamation.
VOTING: Ayes — 4; Nays — 0.
Nursing Home Advisory Board (I appointment): Commissioner Keadle nominated
Elsie Carter.
No other nominations were submitted, and Chairman Williams made a �motid to appoint
Carter by acclamation.
VOTING: Ayes — 4; Nays — 0.
PUBLIC COMMENT PERIOD: The public was offered an opportunity to speak but
no one accepted.
NEW BUSINESS
Christian Praver at the Board Meetings: Commissioner Keadle said there appeared to
be a question about Christian prayer as an invocation before the board meetings and this had
been brought to his attention by a couple of newspapers. Mr. Keadle then read from the
Constitution of the United States, as follows, due to allegations that this type of prayer was not
constitutional:
"First Amendment: Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise there off ............" Mr. Keadle said the document continued on,
but that was the relevant portion. Keadle continued by saying, "People in robes differ on how
they read things, like the Constitution, but I know how to read English. I would like to give my
opinion, and this is that this isn't the Congress first of all, and second of all, Mr. Johnson in his
usual prayers is not making any law, so there's two reasons why what he's doing is not in
anyway inconsistent with the Constitution of the United States in my humble opinion. I can't do
anything about what judges or justices say, but that's the way I read it in plain English. I just
wanted to point that out."
Commissioner Johnson said he had received many congratulatory phone calls about the
prayers at the meetings, and he had received a couple of calls from people who weren't too
happy. He suggested that if anyone got a chance, they should read the writings of
George Bancroft, who was one of the greatest historians the country had ever produced.
Mr. Johnson then quoted Bancroft as follows: "If we are ashamed of, no merely ignorant of our
heritage, we shall be despised by our posterity." Johnson said, "People can look at the
civilizations through the course of human history, and if they didn't teach their children about
their heritage, their children grew to despise them."
Unfair Mandates and Rulings from the State Government: Commissioner Robertson
referred to the agenda item about the state government no longer paying for probation/parole office
space and passing the costs to the counties. He said much time was devoted to creating a county
budget that was adhered to by the staff and board. Robertson said that when there was a robust
economy it was easier to abide by the budget, but when there was a declining economy, it was
difficult. He continued by saying the audit revealed that 20% of county's revenue was from sales
taxes; however, in the past year there was a 25% decrease. Robertson said that even with declining
revenues, the state was shifting more expenses to local governments, and there were no safeguards
to prevent this from happening. He said the county tried to operate within a budget and the state
should do the same. Robertson encouraged the public to speak with their state representatives, as
well as those running for office, in an effort to persuade them to "have some degree of
accountability" and to realize how difficult it was for counties to absorb the costs passed down
from the state.
COUNTY MANAGER'S REPORT
Notification from Crossroads Behavioral Healthcare Regarding Vacated Space at
Iredell County Government Center -South: County Manager Mashburn said Crossroads
Behavioral Healthcare leased space from the county, and it was subleased to the New River
Behavioral Healthcare. He said New River planned to close its Mooresville office and consolidate
all of its services to a site in Statesville due to state budget cuts. He said the 5,200 sq. ft. of space
had provided around $1,400 a month in revenue. Mashburn said there was a possibility of locating
some social service employees in the space, and this had been discussed in the past. He said the
space could easily accommodate the employees, and he asked if the board members had any
objections.
Commissioner Johnson asked if any additional staff would be needed.
Mashburn said staff would be moved around.
Chairman Williams said Crossroads' funds had been reduced by the state to the extent that
only one facility could be located in a county, and no thought was given about the existence of
leases.
Discussion Concerning Pre -Agenda Meetings: County Manager Mashburn said the
county's web site, as well as the Board's Rules of Procedures, said the commissioners would meet
at five o'clock for agenda briefings. He said these types of meetings had not occurred for several
months, and corrections or revisions needed to be made to the web site as well as the Rules of
Procedure. Continuing, he said the first meeting in December was an organizational meeting, and
he recommended for the board to modify the procedures to provide some flexibility to the
chairman of the board to call for an agenda briefing, if based on conversations with the county
manager and clerk to the board, that there was a need. He said, otherwise, the briefings would not
be held.
Commissioner Robertson asked if the first meeting in December could be changed to the
second week.
Attorney Pope reviewed the statutes and said the meeting date could be changed, but it
needed to be publicized.
Revision to the December Meeting Schedule: MOTION by Commissioner Robertson to
move the December 1 st meeting to December 8"i, and unless anything came up that the board was
not aware of, to hold only one meeting in the month.
VOTING: Ayes — 4; Nays — 0.
(The December I and December 15 board meetings will be cancelled.)
ADJOURNMENT: There being no further business to conduct, Chairman Williams
made a motion to adjourn the meeting at 8:03 P.M. (NEXT MEETING: December 8, 2009 at
7:00 P.M. in the Iredell County Government Center, 200 South Center Street, Statesville, NC.)
VOTING: Ayes — 4; Nays — 0.
Approval:
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Clerk to the Board