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Home My WebLink AboutOctober_6_2009_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES OCTOBER 6, 2009 The Iredell County Board of Commissioners met in Regular Session on Tuesday, October 6, 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, Finance Director Susan Blumenstein, Planning & Development Director Ron Smith, Deputy County Manager Tracy Jackson, Sheriff's Captain Mike Phillips, Purchasing Agent Dean Lail, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Williams INVOCATION by Commissioner Johnson PLEDGE OF ALLEGIANCE led by Daliese Steele representing Iredell County 4-H Clubs. ADJUSTMENTS OF THE AGENDA: MOTION by Commissioner Johnson to approve the following agenda adjustments. Additions: • Request for Approval of a Resolution Calling for a Public Hearing on October 20, 2009 Concerning the Financing of Certain School Facilities Pursuant to An Installment Financing Agreement • Closed Sessions Pursuant to Economic Development— G.S. 143-318. 11 (a) (4) and Legal — G.S. 143-318.11 (a) (3) Revision: • The Public Hearing for Rezoning Case #0909-2 (Request from Applicant Robert Stamey) was conducted before the Public Hearing for Project Longitude 80 VOTING: Ayes — 5; Nays — 0. PRESENTATION OF SPECIAL RECOGNITIONS AND AWARDS Presentation of a Proclamation in Recognition of October being National 4-H Month & Proclaiming October 4 - 10, 2009 as 4-H Week in Iredell County: Attending the meeting to receive the 4-H proclamation were Cooperative Extension Director Ken Vaughn, Cooperative Extension Agent Nelson McCaskill and 4-H Club Member Daliese Steele. (Proclamation for 4-IfWNeekin IrededCounty Octo6er4 -10, 2009 WHEREAS, October 4-10, 2009 is National 4-H Week in the United States; and WHEREAS, more than 6.5 million youth take part in 4-H club programs nationwide; and WHEREAS, 4-H Clubs conduct programs to help young people acquire knowledge and develop life skills which help them to become self -directing, productive members of society; and WHEREAS, 4-H addresses issues that are facing our youth, wherever they live, and helps break barriers by focusing on learning -by -doing; and WHEREAS, 4-H builds youth self-esteem, leadership and citizenship skills and focuses on critical issues, such as protecting the environment; and WHEREAS, 4-H has programs on food and nutrition, science and technology, natural resources, substance abuse prevention, growing plants, caring for animals, career education, community pride, citizenship, leadership; and WHEREAS, exciting, fun and youth centered educational programs are available through county 4-11 programs; and WHEREAS, nationwide volunteers in 4-H donate countless hours and effort each year in teaching our nation's youth. NOW, THEREFORE, the Iredell County Board of Commissioners hereby proclaims October 4-10, 2009, as 4-H Week in Iredell County. Presentation of a Proclamation Regarding National Long -Term Care and Residents' Rights Week from October 4 through October 10, 2009: Chairman Williams presented this proclamation to Centralina Council of Governments Ombudsman Cindy Kincaid. Proclamation for National Long -Term Care Residents' Rights Week 2009 Hear Our Voice: Residents in Long -Term Care Facilities Speak Out About Residents' Rights Whereas, there are more than 1.6 million individuals living in 16,000 nursing homes; and 1 million individuals living in 50,000 board and care/assisted living facilities in the U.S.; and Whereas, the federal Nursing Home Reform Act of 1987 guarantees residents their individual rights in order to promote and maintain their dignity and autonomy; and Whereas, all residents should be aware of their rights so they may be empowered to live with dignity and self-determination; and Whereas, we wish to honor and celebrate these citizens, to recognize their rich individuality, and to reaffirm their rights as community members and citizens, including the right to have a say in their care; and Whereas, individuals and groups across the country will be celebrating Residents' Rights Week with the theme — "Hear Our Voice: Residents in Long -Term Care Facilities Speak Out about Residents" — to emphasize the importance of affirming these rights through facility practices, public policy and resident -centered decision-making that impacts quality of care and quality of life. Now, Therefore, the Iredell County Board of Commissioners hereby proclaims October 4 — 10, 2009 as National Long -Term Care Residents' Rights Week, in Iredell County, and encourages all citizens to participate in this important observance. APPOINTMENT BEFORE THE BOARD Presentation from Randi Gates, the Community Coordinator for the Carolina Thread Trail: Gates presented a list of proposed county steering committee members for the trail and said there was a goal to connect 15 counties (11 in North Carolina and 4 in South Carolina) with greenways and trails. Gates said segments would gradually be identified as communities planned them while working with neighboring counties/communities. Gates said the board of commissioners formally approved a resolution in support of the initiative on September 16, 2008, and the trail's funding would be in the form of a grant. Continuing, she said the master planning effort was a community-based initiative in which input and feedback would be obtained from all of the county's citizens, and the steering committee would guide the process with assistance from the county staff along with other governmental workers. She said the steering committee would be responsible for voting on the draft trail route, and it would be shared with the elected officials. 2 MOTIO by Commissioner Keadle to approve the beginning of the trail's master planning process using the leadership of the people listed on the steering committee roster. VOTING: Ayes — 5; Nays — 0. Carolina Thread Trail Iredell County Steering Committee - DRAFT Roster PUBLIC HEARINGS Chairman Williams declared the meeting to be in a public hearing. Consideration of an Economic Development Incentive for an Undisclosed Company: Mooresville South-Iredell Community Development Corporation Economic Developer Russ Rogerson said the Liburdi Group Corporation consisted of several companies, and two of them, Liburdi Dimetrics and Liburdi Turbine Services, desired to locate at a Mooresville site. He said the company produced orbital welding equipment for tube and pipe as well as the refurbishment of turbine parts to improve engine performance. Rogerson said Liburdi was currently located in Davidson, NC; however, the facility there was not large enough to house the current operations or to expand. He said the former Transolid Building was vacant in Mooresville, and Liburdi planned on purchasing and relocating to the structure. He said the $6.8 million investment included $3.5 million in equipment, and the company would spend approximately $500,000 in renovations. Rogerson said the company would employ 80 people, and the payroll would be $3.6 million. He said an IMPLAN analysis revealed the company would provide 270 indirect jobs with 96 being induced. Mr. Rogerson requested the county to approve a five-year 80% incentive. (The total planned investment amount is $4,000,000.) No one else desired to speak, and Chairman Williams adjourned the hearing. OTIO by Commissioner Norman to approve the incentive. VOTING: Ayes — 4; Nays — I (Keadle) Chairman Williams declared the meeting to be in a public hearing. 3 Rezoning Case #0909-2; Request from Applicant Robert Stamey to Rezone Property at 306 Stamey Farm Road from General Business District and Single Family Residential to Light Manufacturing Conditional District: Planning Director Ron Smith presented the following staff report for this rezoning case. EXPLANATION OF THE REQUEST This is a request to rezone 13.37 acres at 306 Stamey Farm Road from GB, General Business Zoning District and R-20, Single Family Residential to M1 CD, Light Manufacturing Conditional District. The proposed use for the property is mixed light industrial and commercial with retail, restaurant and a farmers' market site. OWNER/APPLICANT OWNER: Homer Prevette APPLICANT: Robert Stamey (Homer's Truck Stop) 255 Stamey Farm Road 6451 Wilkesboro Hwy Statesville, NC 28677 Union Grove, NC 28689 PROPERTY INFORMATION LOCATION: At 306 Stamey Farm Road; more specifically identified as PIN #'s 4714449252, 4714540925,and 4714540434. DIRECTIONS: West I- 40, exit onto Stamey Farm Road, turn left and site is on the left. SURROUNDING LAND USE: This property is adjacent to I- 40 and Stamey Farm Road. Residential and farming uses surround the remaining portions. SIZE: The entire property is 13.37 acres, and is being requested for rezoning. EXISTING LAND USE: Formerly known as Homer's Truck Stop, this parcel had a gas station/truck stop/restaurant facility that has recently shut down. Currently the property is not being used, and the Stamey's have been working on removing all underground fuel storage tanks with North Carolina Department of Environmental Resources supervision. ZONING HISTORY: In 1987 this property was rezoned HB, highway business for a convenience store with the sale of gasoline and fuel oil and all other permitted uses under HB. In 1990 the property was rezoned from HB to GB, general business for a proposed dairy product distributing facility (which is not a permitted use in GB in the current ordinance). OTHER JURISDICTIONAL INFORMATION: The property in question is within Statesville's short term urban service area. The Statesville Planning Department made the following comments after reviewing the site plan: 1. The City would be in support of the rezoning from GB to M1 CD. 2. This property is in the "Draft" County Land Use Plan and is projected to be within the Statesville Short Range USA boundary and the land use is projected as Highway Interchange Commercial and Employment Center -Industrial -Flex -Office. The combined 4 use of retail and manufacturing for ice cream would fit these designations and be a catalyst for this area. 3. Because the property is projected within the short term USA boundary, it is recommended that more urban standards apply to the development of the site such as Street Trees, Parking Lot Trees/Landscaping and sidewalks (Stamey Farm Road). 4. If fencing is to be installed so that it is visible from the street, it is the city's preference to have it coated black or green and evergreen screening should be provided along the Stamey Farm Road in front of the Trailer parking lot. 5. It is also recommended to limit number of drive cuts along Stamey Farm Road, the city would recommend eliminating the retail entrance since it is the closest to the interchange. OTHER SITE CHARACTERISTICS: This property is not located in a drinking water supply watershed. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: In 2007, the average number of vehicles per day on Stamey Farm Road was 3500, with a capacity of 9,000 vehicles per day. With the proposed mixed use of manufacturing, retail, and restaurant there is increased difficulty in determining an accurate projected number of vehicle trips per day. However, one can safely look at the previous use and the proposed use and see that there will be a reduction in the number of truck and passenger vehicles trips per day. SCHOOLS: Because this is a commercial rezoning, there should be no implications on local schools. FIRE MARSHAL: This proposal has been reviewed by the Iredell County Fire Marshal's Office. The Fire Marshal's Office has no issues with the proposal. EMS: This proposal has been reviewed by the EMS Director and he had no problems or comments with regards to the request. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant will have to provide a site plan to the Planning Department for review to develop the property. Zoning requirements such as parking and screening will be reviewed at such time. An erosion and sedimentation plan will be required and reviewed before any new construction begins. STATE: Other than building code and food and septic standards through the Health Department, and NC DOT for the driveway locations there should be no formal state agency review at this time. FEDERAL: None at this time. STAFF AND BOARD COMMENTS STAFF COMMENTS: The Iredell County 2030 Horizon Plan shows a commercial node at the intersection of I-40 and Stamey Farm Road and further indentifies that node for interchange commercial with surrounding future industrial land use. The planning staff would like to see the removal of the first driveway cut near the interchange. However, planning staff is stili supporting the proposed rezoning request based on the following: the site is shown on the 2030 Horizon Plan as interchange commercial, and the proposed development will aesthetically and environmentally clean up an abandoned commercially developed property. Public Input Meeting: The public input meeting was held on August I I 1 at 6 p.m. at Homer's Truck Stop. Eleven attendees from the community showed up to hear the proposal and voice their opinion. Main comments from the public included adding a turn lane on Stamey Farm for 5 traffic concerns, how much of the property would be utilized, outparcel, and the types of use that could locate in the proposed zoning district. SITE REVIEW COMMITTEE: Jackie Grigg and Harry Tsumas visited this site with the staff on August 11, 2009. PLANNING BOARD ACTION: On September 2, 2009, the Planning Board voted I1-0 to recommend in favor of this zoning map amendment and to advise that it is consistent with the County Land Use Plan. ---------------------END OF STAFF REPORT ------------------- No one else desired to speak, and Chairman Williams adjourned the public hearing. MOTION by Commissioner Keadle to approve the rezoning request. VOTING: Ayes - 5; Nays — 0. Chairman Williams declared the meeting to be in a public hearing. Consideration of an Economic Development Incentive for Project Longitude 80: Greater Statesville Development Corporation Economic Developer Mike Smith said this project was a joint venture between the Robert Stamey family and an investor. He said a refurbishment of the former Homer's Truck Stop would occur as well as the construction of a 30,000 sq. ft. addition to the existing facility. He said once completed, the site would house a yogurt plant that would receive, store and process approximately 500 gallons an hour of Grade A milk to be marketed and sold regionally. Smith said the site would have a retail location for the sale of these products as well as other farm -fresh items, and there would be farm theme dairy bar. He said once completed, the facility would employ 25 full-time people at an average wage of $15.81 an hour with a total payroll of $800,000. He said the employees would have health, dental, and life insurance benefits with the company paying 100% of the premiums. Mr. Smith said that in accordance with the county's economic development incentive program, a request was being made for 80% of the company's investment of $5 million, over a five-year period ($17,800 x 5 — $89,000 total incentive amount). No one else desired to speak, and Chairman Williams adjourned the hearing. MOTION by Commissioner Norman to provide the incentive as requested. AMENDMENT TO THE MOTIO : Commissioner Keadle made an amendment to the motion to apply or extend the tax rate being discussed for the economic development project to every business personal property in Iredell County for the length of time or duration stated in the primary motion or request. VOTING ON THE AMENDMENT: Ayes — 1 (Keadle); Nays — 4. Commissioner Keadle spoke in opposition to the original motion. He said, "I commend and support the two companies that we've discussed here and their efforts to expand in Iredell County. I respect their request for help in the form that they've asked for it. I am going to have to vote against the incentives because I believe the county incentive policy is inequitable to the taxpayers and other businesses in the county. I do believe it has an overall detrimental economic impact on our county and on our tax base and on those businesses." Mr. Keadle then asked about the status of the economic development incentive analysis, from the perspective of the taxpayer, that had previously been requested. He said it was requested sometime around the first meeting in August. County Manager Mashburn said the staff tried to come up with a product that met the request of the board; however, nothing had been found. He said the closest product resembling the request would be the IMPLAN document presented by Mr. Rogerson. Mashburn said this program was used nationally to evaluate incentives and the community impact. He said in- house, the staff had not been able to develop anything, but the search was continuing. 6 Keadle said it was safe to say the staff had been trying to locate something for about two months. County Manager Mashburn said probably about that length of time. VOTING ON ORIGINAL MOTION: Ayes — 4; Nays — 1 (Keadle) Chairman Williams declared the meeting to be in a public hearing. Consideration of a Request to Close the Community Development Block Grant for Pratt Industries: Finance Director Susan Blumenstein said Pratt's original budget was $2,117,000 but the project came in under budget at $1,815,000. She the project was funded from a community development block grant along with money from the NC Department of Transportation for the road, the City of Statesville for sewer, and the Rural Center. Blumenstein said the county did not financially contribute to the project that added $23.1 million to the county's tax base. She requested permission to close the grant. No one else desired to speak, and Chairman Williams adjourned the public hearing. MOTION by Commissioner Keadle to approve the request. VOTING: Ayes — 5; Nays — 0. A summary of the project is as follows: Pratt Indusirlas public racllilles Project Grant Project Ordinance P103at4a, 14n? 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Rezoning Case #0909-1; Request from James & Karyn Daughtery to Rezone Property from Residential Agricultural District to Neighborhood Business Conditional District: Planning & Support Services Director Ron Smith described the staff report as follows: EXPLANATION OF THE REQUEST This is a request to rezone 12.2 acres at 833, 847, & 855 River Highway in Mooresville from RA, Residential Agricultural Zoning District to NB -CD, Neighborhood Business Conditional District with the following conditions: • all NB uses would be permitted except funeral homes, automobile washing facilities, animal shelters, private kennels, and farm buildings: • front yard buffer in excess of 15 feet shall be provided; • no metal facades on the front or sides of the two large buildings and all sides of the smaller building; 7 • access for the smaller building to remain as is on the approved site plan if subdivided in the future; and • that the easement on the west side of the property be recorded (requested and agreed upon at the Planning Board meeting). The proposed use for the property is a furniture store and future retail space. The request would be tied to the attached site plan. The applicant does not intend to use municipal utilities and therefore will not be requesting annexation. OWNER/APPLICANT OWNER: James and Karyn Daughtery 1418 South Stratford Road Winston Salem, NC 28103 PROPERTY INFORMATION LOCATION: At 833, 847, & 855 River Highway in Mooresville; more specifically identified as a portion of PIN #s 4637-87-4627, 4637-88-1178, & 4637-87-1826. DIRECTIONS: West on Highway 150, on the right before Water Oak Drive. SURROUNDING LAND USE: This property is surrounded by residential and commercial uses. SIZE: The property is 12.2 acres. EXISTING LAND USE: The parcel currently has three existing residential structures. ZONING HISTORY: This property as well as the surrounding property has been zoned RA since county wide zoning was established. The Town of Mooresville has jurisdiction of the area abutting the property to the west and south and across Highway 150 to the north. OTHER JURISDICTIONAL INFORMATION: This site is in the Mooresville USA. The Town of Mooresville Planning Department has reviewed the site plan for this lot. Suggestions in regards to parking lot configuration made by the staff have been incorporated into the site plan. OTHER SITE CHARACTERISTICS: This property is located in the Catawba/Lake Norman WSIV-CA water supply watershed. The Board of Commissioners has approved the site for utilization of the High -Density option, which will allow them to develop at up to 50 percent impervious coverage. The site plan was reviewed for compliance with the Watershed Ordinance during the High -Density request process. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: In 2006, the average number of vehicles per day on River Highway was 38,000. The capacity for Highway 150 is 12,000 vehicles per day. The estimated trips per day added by this development is 1181. The applicant has worked with NC DOT and the neighboring property owner to minimize the impacts of the development by: • creating a driveway that is directly across Hwy 150 from Water Oak Drive instead of creating offset driveway cuts; • providing access to the property south of the applicant's property while not creating additional driveway cuts; 9 • designating a right -in right -out only to prevent left turns onto the heavily traveled Hwy 150; and • creating a stub -out on the east side of the property for access to future development and placed a condition on the request that prevents another driveway cut for a possible future out parcel. SCHOOLS: Because this is a commercial rezoning, there should be no implications on local schools. FIRE MARSHAL: This proposal has been reviewed by the Iredell County Fire Marshal's Office. The Fire Marshal's Office has no issues with the proposal. EMS: This proposal has been reviewed by the EMS Director and he had no problems or comments with regards to the request. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant will have to provide a site plan to the Planning & Development Department for review to develop the property. Zoning requirements such as parking and screening will be reviewed at such time. Plans will also be reviewed by the Planning & Development Department for compliance with Erosion & Sedimentation Control standards. STATE: Other than building code, there should be no formal state agency review at this time. NC DOT will issue a driveway permit for the site once the plan has been submitted. FEDERAL: None at this time. STAFF AND BOARD COMMENTS STAFF COMMENTS: This site is designated as high-density residential/mixed-use on the 2030 Horizon Plan because of its proximity to the Town limits and water and sewer. The proposed retail uses fit into the mixed-use designation. The applicant has worked with the planning staff and NCDOT to develop a site plan that takes into account traffic impacts and aesthetics. The Planning staff can support the proposed rezoning request based on the following: the site is located on the 2030 Horizon Plan future land use map as mixed use and the design of the development as proposed on the site plan has helped to mitigate any traffic impacts caused by the site. PUBLIC INPUT MEETING: The Public Input Meeting was held on July 28, 2009, at the Charles Mack Citizen Center in Mooresville. John Grigorian, the adjoining property owner who has worked with the applicant on the shared driveway cut, was the only person to attend. They worked out a few minor details about the driveway easement, but there were no issues with the proposal itself. SITE REVIEW COMMITTEE: Jackie Grigg and Harry Tsumas visited this site with the staff on August 11, 2009. PLANNING BOARD ACTION: On September 2, 2009, the Planning Board voted 10-0 to recommend approval of this request based on the consistency with the 2030 Horizon Plan. END OF STAFF REPORT Chairman Williams said he understood the developer would not be using Mooresville's utilities. Smith said this was correct. Chairman Williams asked if the building would be sprinkled. Smith said the applicant would need to address this. 9 Commissioner Robertson asked if there was an agreement stipulating that the proposed furniture store would locate there. Smith said the applicant would be the best person to answer this question. Commissioner Johnson said that on the west side there would be an access and utility easement. He asked if the easement would be adequate for a roadway and public utility. Smith said he expected it would be built to the specs to allow for future development in the rear. He said there was a significant amount of vacant property in the back. Mr. Johnson asked if the stub out would be on the east side of the property. Smith said yes. Johnson said he assumed that if someone built something adjacent to the property the ordinance would require them to attach to the stub for interconnectivity. Smith said yes. Commissioner Robertson asked about the property across from the driveway to the subdivision. He said the applicant/owner did not own it, and there was a house on the property. (The drive is to the left of Hwy. 150.) Smith said the applicant did not own it now, but there was an easement that would allow access to the property. Commissioner Johnson asked if the easement had been recorded. Smith said it was his understanding the easement had been recorded. Jim Daughtery, the owner of Hanes Furniture in Winston-Salem, NC, said the Mooresville property was purchased about five years ago. He said that if the rezoning were approved, about 40 people would be employed. Mr. Daughtery said the "big" building would not be sprinkled, but it would have a firewall in the center, and Myrick Construction had assisted with the design. He said that if a facility was under 12,500 sq. ft., it wasn't required to have a sprinkler. Mr. Daughtery then shared an easement that was recorded on October 5, 2009. Commissioner Johnson asked if the other building would be leased out. Daughtery said perhaps, if the economy improved. He said an associate in the oriental rug business had been contacted. Mr. Daughtery said he would like for the area to be used for a home furnishing business if possible. He then presented drawings and photos of the building. Chairman Williams asked Interim Fire Marshal Ronny Thompson if he had seen the plans. Mr. Williams said he was concerned about the building not having a sprinkler. Thompson said the sprinkler depended on where the firewall would be located. He said until he could review the plans, it would be difficult to provide an answer. Jeff Clyde, with Myrick Construction, said an initial proposal had been submitted. He said the facility was under 12,000 sq. ft. on both sides, and it met state building codes. Mr. Clyde said it would have a firewall in between, and if a fire occurred, doors would come down where there were two openings. He said the building had been designed to not need a sprinkler system. Commissioner Johnson said he assumed the property was in a watershed. He asked about a retention pond. Smith said there was a pond, and he showed the location on a map. 10 No one else desired to speak, and Chairman Williams adjourned the hearing. MOTION by Commissioner Johnson to approve the zoning map amendment and to make a finding that the approval was consistent with the adopted 2030 Horizon Plan and that said approval was reasonable and in the public interest due to consistency with the 2030 Horizon Plan; and as a result, said approval furthered the goals and objectives of the 2030 Horizon Plan. VOTING: Ayes — 5; Nays — 0. ADMINISTRATIVE MATTERS Request from Iredell-Statesville Schools for Approval to Apply for the Release of Public School Capital Building Funds for Union Grove Elementary at $119,899.53 along with Cool Spring Elementary at $539,504.00 and International Baccalaureate Program Renovations of $345,111.00 for Northview and Mt. Mourne: Dr. Kenny Miller, with the school system, requested permission to apply to the state for reimbursement of funds spent on several projects using fund balance. He said the application would be for lottery and public school building capital funds. Commissioner Johnson asked if the school system would still have any money in Raleigh. Miller said there would be a little remaining in public school building capital, and it was left from the last request. He said the fund had actually been closed out by the state. Dr. Miller said the state would no longer be giving public school building capital ADM funds, and the only money available would be the lottery proceeds. He said the system just received a release on second quarter and fourth quarter lottery funds that the state had frozen. Miller said the system desired to get these funds back locally, but some would remain. MOTIO by Commissioner Johnson to approve the request. VOTING: Ayes — 5; Nays — 0. Request for Approval of Budget Amendment #12 to Recognize the 2009 Justice Assistance Grant for the Purchase of Crime Data Software for the Sheriff's Department: Captain Mike Phillips requested approval of a $26,181 budget amendment. He said the funds would be used to buy computers and analytic software as well as access to the Internet for crime mapping. MOTIO by Commissioner Norman to approve the request. VOTING: Ayes — 5; Nays — 0. Request for Approval of Budget Amendment #15 to Transfer $125,000 from Seized Funds to the Crime Lab Budget for Arson and Blood Analysis Equipment: Captain Mike Phillips requested permission to transfer $125,000 from seized funds/asset forfeiture to the crime lab budget. He said the funds would purchase two mass spec machines in order for the department to perform blood alcohol and arson testing. Commissioner Keadle suggested that Captain Phillips be allowed to describe the remaining three requests from the sheriff's department and to allow one motion to approve them. To recognize the 2009 JAG GrM for the purdese of crime rrepping, awe analyst and c me data stere in the Sheriffs department. BA# 12 October 6, 2009 Account # Current Gove Amended General Fund 104510 436000 15210 2009 JAG Gant (107,000) (26,181) (133,181) Depreaable 105510 610000 15210 Assets 107,000 26,181 133,181 Request for Approval of Budget Amendment #15 to Transfer $125,000 from Seized Funds to the Crime Lab Budget for Arson and Blood Analysis Equipment: Captain Mike Phillips requested permission to transfer $125,000 from seized funds/asset forfeiture to the crime lab budget. He said the funds would purchase two mass spec machines in order for the department to perform blood alcohol and arson testing. Commissioner Keadle suggested that Captain Phillips be allowed to describe the remaining three requests from the sheriff's department and to allow one motion to approve them. Commissioner Johnson asked if this particular request dealt with the continuing crime lab expansion where the department would take in work from other jurisdictions. Phillips said this was correct. The following items will be purchased using the funds transferred from seized funds: 1 Alternate light source $12,000.00 1 Phaser 8860 MFP Xerox Machine $ 4,000.00 1 Arson Mass Spec $25,000.00 1 Blood Mass Spec $25,000.00 1 Computer work station (Ballistics) $„3,500.00 3 Computer work stations for analysis $ 6,000.00 Disposable lab supplies (pipets, vials, etc.) $ 8,000.00 Drug standards $ 5,000.00 Vented hood for blood work $10,000.00 Training Thermo Mass Spec Training $3.500.00 SAFS Conference $3,000.00 Motorola AFIS Conference $3,500.00 National IAI Conference $6,000.00 NC IAI Conference $3,000.00 $117,500.00 BA# 15 October 6, 2009 Account # To recognize Federal Equity Funds in the Sheriffs department for the pi.rchase of equipment and tra nir g in the Qnma Lab. Curren Change Amended General Fund 104510 482000 Federal Equity Funds (11,698) (125,000) (136,698) 105510 531800 512 S&plies 42,270 12,500 54,770 105510 531804 512 Peference Materials - 5,000 5,000 105510 536000 512 Training & Development 19,000 19,000 105510 610000 512 Depreciable Assets 75,000 75,000 105510 620000 512 able Assets 13,500 13,500 Additional requested funds will cover associated costs such as shipping, software, incidental supplies. Request for Approval of Budget Amendment #16 to Recognize Two -Year Funds from a Grant Entitled: "Assistance to Rural Law Enforcement to Combat Crime and Drugs:” Captain Phillips requested permission to accept a two-year grant from the Department of Justice for assistance to rural law enforcement to combat crime and drugs. He said the $693,335 grant would provide four deputies and their equipment for two years. Commissioner Robertson asked about the sheriff's plan when the two-year funding ended for the four new deputies. Phillips said the department would have to maintain or hire them for 12 months after the grant ended. Robertson asked if four new people would be added to the force after the 12 months or would the office stop replacing people in order to have four vacancies for them. He asked how much money was being committed for year three by the county. 12 Phillips said after the two-year grant ended, there was a 12 -month retention period; however, the sheriff's office felt that by that time, four new officers would have been hired anyway. Commissioner Robertson asked how much the four deputies would cost for a full year. Phillips said an estimate would be $200,000. He said there shouldn't be any equipment costs. Commissioner Robertson said anytime "Big Brother" came and gave free money, caution was needed because the attached strings cost money. He said the board needed to remember two years from now that the sheriff s budget would not be flat. To recognize Assistance to Rural Lav Eaforcerrent to Conbat Crirre and Dugs Grant in the Sheriffs BA# 16 Department. Ths grant provides for 4 new ICE Patrol Deputies for 2 years. October 6, 2009 Account # Curren Change Amended General Fund DQJ - Assistance to Rural Law 104510 436000 15250 Enforcement (693,334) (693,334) 105510 510002 15250 Salaries & Wages BA#17 280,000 280,000 105510 510004 15250 Overtime Currertt Chainge Amended 17,280 17,280 105510 512501 15250 FICATax 22,144 22,144 105510 512502 15250 Employee's Health Insurance (36,875) 61,400 62,400 105510 512503 15250 State Re irerre7t 4,500 27,720 27,720 105510 531500 15250 Insurance & Bonds 13,376 13,376 105510 535000 15250 Supplies 14,420 14,420 105510 535004 15250 Supplies - VehcleFuel 41,394 41,394 105510 535500 15250 Telephone 4,800 4,800 105510 536200 15250 Travel 6,000 6,000 105510 536600 15250 Uniforms 14,00D 14,000 105510 610000 15250 DepredableAssets 64,000 64,000 105510 620000 15250 Non-Depreaable Assets 33,800 33,800 105510 650000 15121 Vehicles 92000 92.000 Request for Approval of Budget Amendment #17 to Appropriate Seized Funds of $4,500 to the Civil Air Patrol: Captain Phillips said the sheriff's department used the Civil Air Patrol's hangar and airplanes when needed. He said $4,500 was paid annually for the arrangement. OTIO by Commissioner Keadle for all three items (BA#15, BA#16 and BA417) as explained by Captain Phillips to be approved. VOTING: Ayes — 5; Nays — 0. Commissioner Robertson asked the county manager to request that the department heads list all county obligations on the agenda memo under "Upfront and On-going Costs," especially when applying for grants. He said that if the board was obliging itself to future expenditures in order to receive money, then the board members should be told this and how much. 13 To appropriate seized funds to the O\Al Air Patrol BA#17 October 6, 2009 Accourt # Currertt Chainge Amended General Fund 104510 482001 Seized Funds - Other (32,375) (4,500) (36,875) 105510 538410 Qvil Air Patrol 4,500 4,500 OTIO by Commissioner Keadle for all three items (BA#15, BA#16 and BA417) as explained by Captain Phillips to be approved. VOTING: Ayes — 5; Nays — 0. Commissioner Robertson asked the county manager to request that the department heads list all county obligations on the agenda memo under "Upfront and On-going Costs," especially when applying for grants. He said that if the board was obliging itself to future expenditures in order to receive money, then the board members should be told this and how much. 13 Request for Approval of Individuals Recommended to be 2009 Trustees for the Firemen's Relief Fund: Interim Fire Marshal Ronny Thompson requested approval of the firemen's relief fund trustees. OTION by Commissioner Johnson to approve the trustees as presented. VOTING: Ayes — 5; Nays — 0. Department Name Name Central VFD Russell Ray Jim Reavis Cool Springs VFD Kenneth C. Secrest Jeff Stuffs Ebenezer VFD Wayne Smith Harry Frye Harmony VFD Matt Baldwin Timothy Frye Lake Norman VFD Howard Neel Lamont Thompson Monticello VFD Wayne Mayberry Sara Moore Mt. Mourne VFD Christopher Goodrum Gary Craven Shepherds VFD Ran Stotts Tim Conley South Iredell VFD Brian Weatherman Carl Thompson Trinity VFD Amy Goodman Paul May Troutman VFD Gordon Troutman Wesley W. Edmiston Union Grove VFD Alley P. Brown Nolan Shumaker Wayside VFD AnthonyArmstrong Timothy Warren West Iredell VFD Josh Fisher John Byers Request for Adoption of a Resolution Declaring the Badge, Helmet and Uniform (Dress Blues) Surplus and Authorizing the Sale of the Property to Retiree Lloyd Ramsey: Purchasing Agent Dean Lail said former Fire Marshal Lloyd Ramsey recently retired and had requested permission to purchase items previously used in the performance of his duties. OTION by Commissioner Norman to approve the resolution as presented. VOTING: Ayes — 5; Nays — 0. RESOLUTION REGARDING THE BADGE, HELMET AND DRESS UNIFORM OF FORMER FIRE MARSHAL LLOYD RAMSEY WHEREAS, Fire Marshal Lloyd Ramsey has served honorably in the Iredell County Fire Marshal's Office and has successfully met the requirements for retirement and does, upon the occasion of his retirement, request to be permitted to retain his badge, helmet and dress uniform. NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners of Iredell County, that said badge, helmet and dress uniform are declared to be surplus to the needs of the County and shall be sold to former Fire Marshal Lloyd Ramsey for the sum of One Dollar ($1.00), as provided by G.S. 160A - 266(c). (Chairman Williams called for a five minute recess at this time.) Request from the Animal Services Department for Approval to Use U.S. Charitable Gift Trust Grant Funds to Purchase Parvo Tests Not Currently Purchased and Additional Vaccines: Animal Services Manager Chris Royal said a $1,500 donation had been received that was requested from the U.S. Charitable Gift Trust by Kevin W. and Jillian M. Kiernan. She said Mr. & Mrs. Kiernan requested for the funds to be used to purchase parvo tests. Royal said there would be no upfront or on-going costs in accepting the $1,500. She said the tests would not be purchased in the future unless another donation occurred. 14 To appropriate a donation to Anined Services for puppy parvo tests and vaccines. BA#18 October 6, 2009 Account # Curent awW Amended General Fund 104532 481202 532 Donations (1,500) (1,500) 105532 535016 532 Medical Supoies 1,500 1,500 14 MOTION by Commissioner Keadle to approve the request as presented. VOTING: Ayes — 5; Nays — 0. Request for Approval of the September 15, 2009 Minutes: MOTION by Commissioner Keadle to approve the minutes. VOTING: Ayes — 5; Nays — 0. Request to Call for a Public hearing on October 20, 2009 Regarding an Installment Financing Agreement: Finance Director Susan Blumenstein said the Department of Public Instruction, in conjunction with the Local Government Commission, had a timeline if the county decided to move forward with Qualified School Construction Bonds (QSCBs). She said the deadline was November 4, and the application required a public hearing. Blumenstein said the bond counsel had crafted a resolution to call for a public hearing to cover any form of financing other than General Obligation Bonds. She said Iredell-Statesville Schools wanted to proceed with the Union Grove project, and QSCBs were originally sold or explained to be interest-free bonds. Blumenstein said now, however, due to low market interest for tax-free bonds, there was only one underwriter identified and this was Guggenheim. Ms. Blumenstein said the bonds were now being issued with supplemental interest, and today it was 2.10%. In addition, she said the closing costs would be expensive for the amount of money being borrowed. She said some models would be drafted to determine the most efficient method, e.g., Build America Bonds (there is interest but a 35% rebate is given from the federal government on the paid interest, plus the closing costs are lower). Blumenstein said a financing plan would be shared at the October 20 meeting. Chairman Williams introduced the following resolution, a copy of which was provided to each Commissioner, and which was read by title and summarized by the Director of Finance: RESOLUTION CALLING A PUBLIC BEARING CONCERNING THE FINANCING OF CERTAIN SCHOOL FACILITIES PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT WHEREAS, the Board of Commissioners for the County of Iredell, North Carolina (the "County") is considering the financing of 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 site work (the "Project") pursuant to an Installment Financing Agreement, to be dated as of December 1, 2009 or such other date as the parties thereto shall mutually agree upon (the "Installment Financing Agreement"), between Iredell County Public Facilities Corporation, a North Carolina non-profit corporation (the "Corporation") and the County; and WHEREAS, pursuant to the Installment Financing Agreement, the Corporation will finance the Project, and the County will make Installment Payments (as defined in the Installment Financing Agreement) in amounts sufficient to pay the principal and interest with respect to Certificates of Participation (Iredell County School Projects), Series 2009 (the "2009 Certificates"), to be executed and delivered by the Corporation for the purpose of financing the Project, it being the express intention of the Board of Commissioners that only the principal amount of 2009 Certificates necessary to accomplish the purposes stated in the Installment Financing Agreement will be executed and delivered (estimated not to exceed $5,200,000 principal amount); and the County's obligations under the Installment Financing Agreement will be secured by, among other things, a deed of trust on certain real property to be owned by the County, consisting of the site of Union Grove Elementary School, including all buildings, improvements and fixtures thereon; and WHEREAS, the installment payment obligations of the County pursuant to the Installment Financing Agreement may be comprised of, in whole or in part, qualified school construction bonds under Section 54F of the Internal Revenue Code of 1986, as amended (the "Code"), and/or qualified Build America Bonds under Section 54AA of the Code; and WHEREAS, the Installment Financing Agreement, if entered into, will comply in all respects with Section 160A-20 and Chapter 159, Article 8, of the General Statutes of North Carolina and the guidelines of the Local Government Commission of North Carolina for all financings undertaken pursuant to said Section and Article; and WHEREAS, said Section 160A-20 requires that, before entering into an installment financing agreement involving real property, the County shall hold a public hearing on such agreement; now, therefore, BE IT RESOLVED by the Board of Commissioners for the County of Iredell: 15 Section 1. A public hearing with respect to the Installment Financing Agreement is hereby directed to be held on Tuesday, October 20, 2009, at 7:00 P.M., in the Commissioners' Meeting Room at the Iredell County Government Center, 200 South Center Street, Statesville, North Carolina. Section 2. The Clerk to the Board of Commissioners is hereby directed to publish notice of said public hearing, in substantially the following form, once at least ten (10) days prior to the date of the public hearing as required by Section 160A -20(g) of the General Statutes of North Carolina: NOTICE OF PUBLIC HEARING BY THE BOARD OF COMMISSIONERS FOR THE COUNTY OF IREDELL, NORTH CAROLINA, CONCERNING THE FINANCING OF CERTAIN SCHOOL FACILITIES PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT NOTICE IS HEREBY GIVEN to all interested persons that the Board of Commissioners for the County of Iredell, North Carolina (the "County") is considering the financing of (i) 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 site work (the "Project") pursuant to an Installment Financing Agreement, to be dated as of December 1, 2009 or such other date as the parties thereto shall mutually agree upon (the "Installment Financing Agreement"), between Iredell County Public Facilities Corporation, a North Carolina non-profit corporation (the "Corporation"), and the County. It is expected that the Corporation will execute and deliver Certificates of Participation, evidencing proportionate and undivided interests in the installment payments to be made by the County under the Installment Financing Agreement, in an aggregate principal amount not exceeding $5,200,000 for the purpose of financing the Project. The County's repayment obligations under the Installment Financing Agreement may be comprised of, in whole or in part, qualified school construction bonds under Section 54F of the Internal Revenue Code of 1986, as amended (the "Code") and/or qualified Build America Bonds under Section 54AA of the Code. NOTICE IS HEREBY FURTHER GIVEN that the Board of Commissioners will hold a public hearing in the Commissioners' Meeting Room at the Iredell County Government Center, 200 South Center Street, Statesville, North Carolina, on October 20, 2009, at 7:00 P.M., or an adjournment thereof, at which time any person may be heard regarding the proposed Installment Financing Agreement. COUNTY OF IREDELL, NORTH CAROLINA By: Jean C. Moore Clerk to the Board of Commissioners Section 3. This resolution shall take effect immediately upon its passage. Upon motion of Commissioner Johnson, the foregoing resolution entitled: "RESOLUTION CALLING A PUBLIC HEARING CONCERNING THE FINANCING OF CERTAIN SCHOOL FACILITIES PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT" was passed by the following vote: Ayes: 5 (Commissioners Williams, Norman, Johnson, Keadle & Robertson) Noes: 0 ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Nursing Home Advisory Board (1 announcement) Adult Care Home Community Advisory Committee (1 announcement) Jury Commission (I announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Juvenile Crime Prevention Council: Commissioner Robertson nominated Dr. Mark Edwards, Bill Parker and Stephen Mauney to represent the Mooresville Graded School District, along with James Lewis to represent the faith community, and Dr. Ron Hargrave to represent Interim Iredell-Statesville Schools Superintendent Brady Johnson. MOTTO by Chairman Williams to close the nominations and to appoint the candidates as presented. VOTING: Ayes — 5; Nays — 0. 16 Mooresville Planning Board (ETJ): Commissioner Robertson nominated Allen Brawley. OTIO by Chairman Williams to close the nominations and to appoint Brawley. VOTING: Ayes — 5; Nays — 0. UNFINISHED BUSINESS Panhandling Ordinance: Deputy County Manager Tracy Jackson presented a proposed panhandling ordinance that was previously reviewed by the county attorney. He said the ordinance was "pretty far reaching and pretty broad." Jackson said the ordinance had been patterned by the one adopted by the City of Statesville. Chair Williams asked how long the ordinance had been in effect in Statesville. County Manager Mashburn said less than two years. MOTION by Commissioner Keadle to approve the ordinance. VOTING: Ayes — 5; Nays — 0. (The ordinance will immediately be in effect.) The ordinance is as follows: 17 CLOSED SESSION: Pursuant to G.S. 143-318.11 a) 4 — Economic Development and G.S. 143-318.11 (a) (3) — Legal, Chairman Williams made a �monOi to enter into closed session. VOTING: Ayes — 5; Nays — 0. RETURN TO OPEN SESSION by a motion of Commissioner Keadle at 9:10 p.m. VOTING: Ayes — 5; Nays — 0. ADJOURNMENT: MOTION to adjourn the meeting by Commissioner Keadle. (Next meeting: Tuesday, October 20, 2009, in the Iredell County Government Center, 200 South Center Street, Statesville, NC.) VOTING: Ayes — 5; Nays — 0. Approved: 18 Clerk to the Board