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HomeMy WebLinkAboutSeptember_15_2009_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES SEPTEMBER 15, 2009 The Iredell County Board of Commissioners met in Regular Session on Tuesday, September 15, 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 Absent: Ken Robertson Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Emergency Communications/Management Director David Martin, Finance Director Susan Blumenstein, Planning & Development Director Ron Smith, Purchasing Agent Dean Lail, Health Clinical Services Director Susan Johnson, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Williams INVOCATION by Commissioner Johnson PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Williams to approve the following agenda adjustments. Additions: • Request for Approval of Budget Amendment #13 to Recognize ARRA Child Day Care Stimulus Funds • Request for Authorization and Award of a Sole -Source Purchase of In -Car -Video Equipment from ICOP using US Department of Justice Grant Funds • Request from the Health Department for Approval of a Budget Amendment to Transfer H1N 1 Grant Funds to Various Budget Lines including Salary & Fringe • Closed Session for Economic Development — G.S. 143-318.11 (a) (4) Note for the Record: • The Panhandling Ordinance reviewed on September 1, 2009 will be considered at the October 6, 2009 meeting. • The economic development incentive grant public hearing (undisclosed company) called for September 15 will be held on October 6, 2009. VOTING: Ayes — 4; Nays — 0. Request for Approval of a Proclamation to Declare September 19, 2009 as Flight of Honor Day: Chairman Williams read the following proclamation that will be presented to Rena Turner, the 2008-09 President of the Statesville Rotary Club. PROCLAMATION FOR FLIGHT OF HONOR DAY ON SEPTEMBER 19, 2009 WHEREAS, the World War II Veterans Memorial in Washington, D.C., was dedicated to the public on May 29, 2004; and WHEREAS, the World War II Memorial honors the 16 million who served in the armed United States forces and the more than 400,000 who died, along with those who supported the war effort at home; and WHEREAS, by best estimates, 5,289 men and women from Iredell County served in World War II, and 147 are known to have died while in service; and WHEREAS, in an effort to insure that as many Iredell County veterans as possible get to visit the memorial site, Rotary Club District 7680, consisting of 14 counties, will fly a group of veterans to Washington, D.C. on September 19, 2009, to tour the World War II Memorial; and WHEREAS, World War II veterans contributed to our nation's freedom with a goal of "Service Above Self," and the Flight of Honor Service Project recognizes their valor and courage. NOW, THEREFORE, BE 1T PROCLAIMED, by the Iredell County Board of Commissioners, that appreciation is hereby expressed to the Rotary Club District 7680 for this commendable civic initiative and that September 19, 2009 be declared as Flight of Honor Day in Iredell County. MOTION by Chairman Williams to approve the Flight of Honor Proclamation. VOTNG: Ayes — 4; Nays — 0. ADMINISTRATIVE MATTERS Request for Approval of the Energy Crisis and Fuel Management Plan and to Attach them as a part of the Overall County Emergency Plan: Emergency Management Director David Martin said that last year during the energy crisis, emergency responders, county staff, and fuel suppliers met to discuss energy and fuel management plans. He said the group developed a two-part plan as follows: (1) an emergency energy annex and (2) a fuel management plan. Martin said both components would be a part of the overall emergency plan. MOTION by Commissioner Norman to adopt the Energy Crisis and Fuel Management Plan as presented. VOTING: Ayes — 4; Nays — 0. Request to Call for a Public Hearing for the Closeout of the 2006 Community Development Block Grant (CDBG) (Economic Development) for Pratt Industries: Finance Director Blumenstein said federal regulations required a public hearing before a CDBG project could be closed. She said the Pratt rail grant was finished, and the project came in under budget. MOTION by Commissioner Norman to call for a Pratt CDBG closeout public hearing on October 6, 2009 at 7:00 P.M. VOTING: Ayes — 4; Nays — 0. Request for Approval of the Refunds and Releases for the Month of August 2009: County Manager Joel Mashburn said the Tax Administrator had submitted the following refunds and releases for approval. 2 Monthly Total Breakdown of Releases: $62,886.64 County $35,260.17 Solid Waste Fees $769.75 E. Alex. Co. Fire #1 $0.05 Shepherd's Fire #2 $372.29 Mt. Mourne Fire #3 $142.37 2 All County Fire #4 $1,454.30 B&F Fire #5 $142.70 Statesville City $11,181.52 Statesville $97.03 Downtown $654.39 Mooresville Town $10,336.70 Mooresville Downtown $7.62 Mooresville School $2,201.45 Love Valley $0.00 Harmony $0.00 Troutman $363.33 Davidson $0.00 Breakdown of Refunds: County $2,107.48 Solid Waste Fees $0.00 E. Alex. Co. Fire #1 $0.00 Shepherd's Fire #2 $97.03 Mt. Mourne Fire #3 $0.00 All County Fire #4 $16.98 B&F Fire #5 $0.00 Statesville City $177.87 Statesville Downtown $0.00 Mooresville Town $2,065.08 Mooresville Downtown $0.00 Mooresville School $769.59 Love Valley $0.00 Harmony $0.00 Troutman $0.00 Davidson $0.00 Monthly Total $5,234.03 OTION by Commissioner Keadle to approve the August refunds and releases. VOTING: Ayes — 4; Nays — 0. Request for Approval of Interlocal Agreements (Enforcement Services) for the Soil Erosion and Sedimentation Control Program/Ordinance: Planning & Development Director Ron Smith said three interlocal agreements had been drafted to specify how the county would enforce erosion and sedimentation control regulations for the municipalities of Mooresville, Statesville and Troutman. Smith said the county attorney had reviewed the agreements and found them in order. OT10N by Commissioner Keadle to approve the interlocal agreements. VOTING: Ayes — 4; Nays — 0. Request for Approval of the 2030 Horizon Plan: Planning & Development Director Ron Smith said a revised 2030 plan was being submitted that included all of the comments and requested changes made by the board. Commissioner Johnson said he previously discussed the Cornelius Road map with Mr. Smith, and a discussion had occurred with the Town of Mooresville. Johnson said he was understanding the commercial designation in the revised plan was the one set aside in the Mooresville Land Use Plan, or ongoing study. Smith said this was correct. The county staff had taken Mooresville's Land Use Plan and "essentially put it in this document." 3 MOTIO by Commissioner Johnson to divide the 2030 Horizon Plan acceptance into two motions. (The first motion will be for the map, and the second motion will deal with the 2030 Horizon Plan.) VOTNG: Ayes — 4; Nays — 0. MOTION by Commissioner Johnson to adopt the map as presented by Mr. Smith in the 2030 plan. VOTING: Ayes — 4; Nays — 0. Mr. Johnson said anytime a legislative body tried to adopt an ordinance there was always some discussion about the role of government. He continued by saying, "That's a good thing. I hope there's always a debate about that -- as far as how much regulation there should be, and how much planning there should be. At a previous meeting, I did make the statement that if government plans too much, it makes it difficult for those in the private sector to plan. However, you can also make the argument that if government does not plan enough it makes it difficult for folks in the private sector to plan. I guess that it boils down to this: How much regulation, and how much planning is too much? I do not think this plan over regulates or over plans, particularly with the amendments that we've offered. I think it was a good piece of work when it was originally presented to us and reflective of the charge we gave to Mr. Smith and his staff. I think it was a reflection of the folks who composed the subcommittees and steering committee. When it came to us, there were some philosophical differences but those were demonstrated by the amendments we made. But in the consideration of these matters, I think we should always remember that government was established to create, preserve, and maintain order. I won't become too high-minded this evening, but Mr. Madison said, `If we were all angels there would be no need for government.' Well, we're not all angels, and therefore, it is incumbent upon government to regulate our behavior to some extent. You can make an argument that too much government can be injurious to personal liberties, but you can also make an argument that too little government can be injurious to our liberties. As some people, by lack of character, will take action that is injurious to someone else exercising their own liberty. This ordinance, I believe, with the amendments we offered, addresses a lot of areas that will be beneficial to this county. It will be particularly beneficial to our agricultural community. It will give them protection from encroaching residential development. At the same time, it recognizes their ability to remain profitable by allowing them to establish enterprises that have to do with value added products and their marketing of those products. I think it's beneficial to those folks. It is also beneficial to property owners -- in that they will not be molested by the over development of commercial or industrial property adjacent to them; hence, harming their peace of mind and quality of life. It also, at the same time, allows us to create a zoning ordinance for orderly development with these folks so they can effectively and efficiently go about their day-to-day business. It also protects their property rights from harm by other people. Also, it creates an environment that allows enough liberty in the plan that it is beneficial to the business community because it does avoid onerous regulations. It is business friendly, and it sets aside areas for development, the more intense of which are located near infrastructure and major transportation arteries. It also allows small businesses to flourish, because it does not over regulate them. It allows the establishment of neighborhood business, highway business, and general business. All that said and done, I think this is a good plan. I liked it even more with some of the amendments that some of us offered, and I think it will provide orderly development for this county. But, it is just that -- a plan, and it will be amended. Someday, some other board of commissioners, composed of different people, will see a need to update this plan, but for some time to come I think it will serve the people of this county well. I'd encourage my fellow commissioners to vote for its adoption." MOTION by Commissioner Johnson to approve the 2030 plan with the amendments suggested by the board of commissioners. VOTING: Ayes — 3; Nays — I (Keadle) Request for Approval of the September 1, 2009 Minutes: MOTION by Commissioner Keadle to approve the minutes. VOTING: Ayes — 4; Nays — 0. 4 Request for Approval of Budget Amendment #13 to Recognize American Recovery & Reinvestment Act (ARRA) Child Day Care Stimulus Funds: Social Services Director Don Wall said child day care funds of $745,023 had been awarded. Wall said (1) the funds would help to reduce the lengthy day care waiting list and (2) the funds would help provide an educational environment for the children which would give them a better start in school. Commissioner Keadle asked if there were any strings attached to the funds or any commitment for the county to spend funds in the future. Wall said there were none. MOTTO by Commissioner Johnson to approve Budget Amendment # 13 for the ARRA Child Day Care Stimulus Funds. VOTNG: Ayes — 4; Nays — 0. Request for Authorization and Award of a Sole -Source Purchase of In -Car -Video Equipment from ICOP using US Department of Justice Grant Funds: Purchasing Agent Dean Lail said that in March of 2009, the sheriff's department received a Department of Justice Assistance Grant of $107,728 to buy in -car -camera equipment. Lail said that for the past two years the department had been trying to standardize with a piece of equipment made by the ICOP Corporation. He said the equipment had helped to bring the department up to a good standard of safety for the officers, and through a competitive bid that was awarded by the Federal GSA Schedule, the sheriffs office had been able to purchase the cameras from ICOP. Lail said sole— source purchases had been authorized by the NC General Statutes through the Department of Homeland Security. Commissioner Johnson said he understood that 70% of the patrol cars had been equipped with the equipment. He asked if 100% of the vehicles would be equipped after this purchase. Lail said the department would be approximately 90%. He said 10 units, separate from this request, had been budgeted using county funds during this fiscal year. OTIO by Commissioner Keadle to approve the sole -source purchase of in -car -video equipment from ICOP with the grant funds. VOTING: Ayes — 4; Nays — 0. Request from the Health Department for Approval of a Budget Amendment to Transfer HINT Grant Funds to Various Budget Lines Including Salary & Fringe: Clinical Services Director Susan Johnson distributed copies of a budget amendment to transfer H1N1 funds to budget lines. She said in August of 2009, a $60,000 budget amendment was approved for H1N1 Pandemic Flu planning, and the funds were placed in the community awareness line item. Ms. Johnson said this line item was used due to not having a contract that stipulated how the money could be spent. She said a contract was received on September 14, 2009 that stipulated the money could not supplant county funds. Ms. Johnson said a flu clinic was scheduled for September 26, 2009, and the funds could actually be used to pay employee salaries 5 and fringe benefits. (She said other line items would be affected, but salary and fringe were the primary ones being changed.) Commissioner Johnson said the funds did not buy the vaccine, rather they paid for the labor and associated delivery costs. Ms. Johnson said this was correct. She said the vaccine, along with the syringes/alcohol would be received at no cost to the county, and they would be supplied by the Center for Disease Control. Commissioner Johnson asked if the funds would be adequate. Ms. Johnson said $60,000 was being received; however, more planning money might be distributed. Commissioner Norman asked if the request was a part of the vaccinations for the middle schools. Ms. Johnson said the school vaccinations were included in a separate batch of funds (stimulus money) while the funds in this request were from the NC Office of Public Health Preparedness/Response. OTION by Commissioner Johnson to approve the budget amendment. VOTING: Ayes — 4; Nays — 0. PUBLIC COMMENT PERIOD: No one desired to speak. COUNTY MANAGER'S REPORT County Manager Mashburn said a written activity report had been distributed. Budget Review Session: Mr. Mashburn said a memo with proposed dates for a budget review session had previously been submitted. The board members reviewed their calendars and established the following date and time for an update on the FY 09-10 budget. Friday, November 6, 2009, 8:00 A.M., South Wing Conference Room CLOSED SESSION: Pursuant to G.S. 143-318.11 (a) (4) — Economic Development, Chairman Williams at 8:45 P.M., made a inoti6 to enter into closed session. VOTING: Ayes — 4; Nays — 0. (RETURN TO OPEN SESSION AT 8:55 P.M) CALL FOR A PUBLIC HEARING REGARDING AN ECONOMIC DEVELOPMENT INCENTIVE: MOTION by Commissioner Norman to call for a public hearing on October 6, 2009, at 7:00 P.M., regarding an economic development incentive of $124,600 (over a five-year period) for Project Longitude 80 based on a $7 million investment in Iredell County. VOTING: Ayes — 3; Nays — I (Keadle) ADJOURNMENT: OTION by Chairman Williams to adjourn the meeting at 8:57 P.M. (Next Meeting: Tuesday, October 6, 2009, in the Iredell County Government Center, 200 South Center Street, Statesville, NC) VOTING: Ayes -4; Nays -0. Approved: 6 Clerk to the Board