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HomeMy WebLinkAboutAugust 3 2010 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES AUGUST 3, 2010 The Iredell County Board of Commissioners met in Regular Session on Tuesday, August 3, 2010, at 7:00 P.M., in the Iredell County Government Center (Commissioners' Meeting Room), 200 South Center Street, Statesville, NC. Board Members Present Chairman Marvin Norman Vice Chairman Steve Johnson Scott Keadle Frank Mitchell Ken Robertson Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy County Manager Tracy Jackson, Finance Director Susan Blumenstein, Transportation Director Ben Garrison, Chief Duty Fire Marshal Garland Cloer, Planning Administrator Steve Warren, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Norman INVOCATION by Vice Chairman Johnson INTRODUCTION OF SCOUT: Commissioner Roberson introduced Alex Hertzing, a scout with Troop 171 affiliated with Williamson Chapel United Methodist Church in Mooresville. Accompanying Hertzing to the meeting were his parents, and it was noted that Alex's father, Bill, is an Assistant Scout Master. PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: MOTION by Commissioner Johnson to approve the agenda with the following adjustment: Addition: Closed Session Pursuant to G.S. 143-318.11 (a) (3) — Attorney/Client VOTING: Ayes - 5; Nays — 0. Presentation by Carroll Gray, the Executive Director of the Lake Norman Transportation Commission (LNTC), Regarding an Urban Land Institute (ULI) Study: Gray said the LNTC was created a year ago with an inter -local agreement between Mooresville, Davidson, Cornelius and Huntersville. He said the agency's focus was to identify critical transportation infrastructure needs and for economic growth. Gray said the LNTC assembled an urban land institute panel in January, and representatives provided counsel and advice on issues and challenges in the Lake Norman area. He said the ULI group said there should be a reaffirmation on the usage of a public/private approach for infrastructure. In addition, he said the lake area between Statesville and Charlotte was projected to grow by 400,000 people in the next 20 years, and already, the entire transportation corridor was "choking." He said doing nothing was not an option, and the area needed to be re -branded to something other than just a lake. Gray said zonings should be transit oriented to create more density around transit stops. He said another north/south parkway should be considered that would run parallel to I-77 five or six miles to the east. Gray said this would tap into the new I-485 around Charlotte and proceed north with a connect in Troutman. He said non-traditional financings such as Tax Increment Financings, or Special Assessment Districts, should be reviewed as revenue sources. Gray said discussions should occur between Mecklenburg and Iredell counties about private investment and jobs which could occur from commuter rail. Gray said the three Rs: roads, rail and re- branding were needed. He mentioned the present poor roadway conditions and that the state and local budgets were suffering. Gray noted that Charlotte's % cent sales tax devoted to fund rail and buses was $20 million under budget. He said the widening of I-77 beginning at Exit 28 to Exit 19 in Mecklenburg County had been discussed along with converting the HOV lanes into toll lanes. Gray said it was also felt that I-77 should be widened to four lanes all the way to I-40 in Statesville. He said there was a planned rail extension from downtown Charlotte to downtown Mooresville, and now, Charlotte was behind a streetcar concept. Mr. Gray referenced a chart in the study that illustrated how economic development was affected with transit and without. The chart is as follows and developers with properties in the area provided the feedback on the projected values. Gray said in summary (1) the lake area needed to reposition itself as an integral part of the Charlotte Metro region (2) the Metropolitan Transportation Commission (MTC) needed to reaffirm a two-line (north line/red line) rail system (3) the Rural Planning Organization (RPO) needed to rethink improvements for 1-77, Highways 73 and 150, and (4) that incrementally, "small bites" should be taken in accomplishing the work. He said the red line could be built for less than $350 million. Gray said the east/west connect activity should become a priority, and the LNTC should facilitate partnerships with all parties. Commissioner Keadle said, "It seems that government entities, particularly liberal government entities, want money for something or another, and they go and spend taxpayer money to hire an outfit to put together a bunch of so called facts to present to other governmental entities. Sometimes to be presented to the same liberal entity that appointed the commission in the first place so that they can get it in the newspaper and get public support. I've done quite a bit of study on my own about these rail systems, and I think we've seen a bad example of what's been going on with rail in Charlotte and Mecklenburg County. I listened very closely to what this man had to say and I just want to let you know, and anyone reading the newspaper know, that if this board chooses to search out different information and to make a decision that seems like it is not in keeping with what we just heard, it might be that what we just heard is a highly debatable topic and that some of these so called facts are not in fact facts. I think that's important because a lot of times we hear one side of an argument, and the public hears one side of an argument. We all go back to our homes, we study the issue, and we make a decision that might involve the other side of the argument that never gets printed in the newspaper. We don't have a budget to present the conservative agenda in the newspaper. There's always a budget for the liberal agenda in the newspaper, and that's what I always read. When I'm sitting here, I usually hear the liberal agenda in front of me. I'm not trying to pick on Mr. Gray or anyone else, I'm just trying to point that out." Presentation by Mike Couch, the Executive Director of the Lake Norman Soccer Club, Regarding Soccer's Economic Impact in Iredell County: Mr. Couch shared the following information with the board members. A New Vision for Soccer in Iredell County It is time for the people who love soccer and kids to capture a new vision! The division among soccer organizations and personalities has been a serious constraint delaying the development of soccer and facilities in the area for decades. Likewise the inability to cooperate and leverage resources has limited the numbers of talented players and top teams developed in the area. Until recently, players have often been_forced to commute to Winston Salem or Charlotte to get better training and the opportunity to play, on a top team in Winston Salem and Charlotte. Overcoming these circumstances, South Iredell Soccer Association (SISA) as a part of the Iredell County Recreation Department (ICRD) has developed an excellent Recreation Program and the Lake Norman Soccer Club (LNSC) has developed state and regionally, recognized Challenge and Classic teams. These programs have enabled both Mooresville and 2 Lake Norman High School to annually vie for Conference Championships, and they have successfully competed in the NC State Finals 3 of the last 5 years. ICRD serves 2000 recreation players countywide and they also have 400 Challenge and Classic players. The Lowes YMCA has 500 recreation players in their program. LNSC currently serves over 500 Recreation, Challenge and Classic soccer players. At LNSC, we are proud to have Girls and Boys teams recognized among the best in NC. Our `93 Girls won the prestigious international DANA CUP held annually in Denmark by going 28-1-1 during their two week trip to Europe. Our Ull Boys have been ranked as high as #1 in the nation for their age group. Our U16 Boys placed 5th in the 2010 NC State Cups and our '94 Girls have been selected as one offour teams that will represent North Carolina in Region competition, the highest level of play in the NCYSA. LNSC, in addition to playing in NCYSA, also offers instructional soccer opportunities which include Indoor Leagues, Teacher Workday Camps, Micro - Soccer (Introduction to Soccer) and Spring Break and Summer Camps for all youth in Iredell County through our Center of Excellence. There soccer camps and activities are provided well below the market Price of there activities provided by others. It has been our joy to serve our community to provide free soccer training and sessions for the Barium Springs Children's Home and many of our local middle schools. Our tradition of excellence and the success being achieved on and off the field is evidence that we are achieving our Vision: "Making Goals... Shaping Lives—building skills for soccer and life. " We are fulfilling our Mission: to provide families, coaches and officials a soccer experience that emphasizes enjoyment and encourages the development of our players'skilis, self confidence and character within a competitive environment to be leaders on and off the field. LNSC Soccer also makes an economic contribution to Iredell County. The Lake Norman Fall Classic tournament in its twentieth year has grown to include 187 teams with over 90 of these teams from more than two hours away from the area. This tournament brings over 7,500 players, parents, referees and fans to the 26 available fields at 7 locations in Iredell County plus 4 fields at one location in Huntersville. Every, available hotel room was filled in Iredell County, this weekend in 2009 and the economic impact for the tournament is estimated at approximately $2 million. In partnership with the Statesville Recreation and Parks, LNSC also hosts 3 State Cups and a National 3v3 quali�ying tournament accounting for another $1 million in economic impact for Iredell County. These four tournaments combined with our Fall Classic bring 25,000 people to Iredell to play soccer, patronize local businesses, and accounts for over 2, 000 room nights during these five weekends. With more local support and a stronger soccer program, more tournaments can be brought to Iredell County and the surrounding area. To give perspective, the Norcross Cup in Atlanta and the Jefferson Cup in Richmond bring in several hundred and five hundred teams from across the nation to their events, respectively. Tournaments of this quality, and magnitude bring in $100,000 to $200,000 in revenue for local charities and athletic programs beyond the economic impactfor local hotels and businesses. Five factors are essential for successful soccer sports destination events: quality fields, quality tournament organizations, quality referees, recognized youth soccer programs, and community support. With the opening of the fields at Mazeppa Road Park, the existing Statesville Complex, and the new Middle School Fields on HWY 3 in Mooresville, three of these essential factors, quality fields, a proven quality tournament organization and quality referees are in place. The other two factors, the continuing success of LNSC teams and the support of the community become interlinked if the current Fall Classic- soccer lassicsoccer tournament is elevated to a nationally recognized event and other tournaments are established. An effective partnership between LNSC, businesses, government and local charitable organizations can increase substantially the economic impact soccer makes to Iredell County. The vision can only be achieved if youth interested in soccer are provided strong professional instruction beginning at age 4 through the playing levels of Recreation, Academy, Challenge and Classic so area teams can be competitive on the state and regional levels. For example: Because the LNSC Classic Premier teams qualified to play in the US Club Soccer Regional League, the North/South Crossover Games of US Club Soccer will be played annually in Statesville beginning this July 31st at the Statesville Soccer Complex. This event will bring in 45 to 50 out of state girl's teams for games on Saturday and Sunday. This will bring over 2,300 out of town players, coaches, family and fans to Statesville for the weekend. We estimate approximately 1000 room nights for local hotels. LNSC Goals: 1. Establish a model program for youth soccer including Recreation, Challenge, Classic, Premiere and Regional. (Affordable with professional instruction for ages 4 to 18, LNSC is currently 25 to 40% below comparable programs around the state.) 2. Make a significant increase in the economic impact of soccer to the local economy through sports destination events (currently, $3 million, double in 5 years). 3. Revenue to offset City and County maintenance expenses for soccer facilities and programs. (Currently $15,000 to $20,000/yr. field rental to Statesville Soccer Complex.) 4. Continue to provide soccer in Iredell County without subsidy from tax payers. What does LNSC success contribute to Iredell County? 3 ► A model recreation soccer program and Challenge and Classic travel teams for youth under professional supervision in a safe and fun environment. ► 5 tournaments currently generating in excess of $3 million of economic impact to the local economy. Do- An opportunity to bring another $3 million of economic impact from tournaments and events in the next 5 years to Mooresville. Do- Tax revenue from the economic impact generated for businesses and hotels. What does LNSC contribute to Local Schools? ►A quality feeder program will be established that allows boy's and girl's soccer teams to be competitive at the highest levels. (141 players fom LNSC play on their High School teams.) Do- Rental revenue from tournaments, games and practices on school fields to offset maintenance expense. ($2,000 to $3,000/yr. in rental to local schools.) ► $2, 000+ fundraiser f oin Cup Tournaments or other tournament for the Athletic Funds. What does LNSC contribute to local Businesses? NO -Annually $3 million of economic impact for hotels, restaurants and retail businesses from the activities and 5 tournaments. The opportunity to double the $3 million economic impact in next 5 years. What does LNSC contribute to local Charities? IN -An opportunity to sponsor soccer tournaments in partnership with LNSC for fundraisers for their heart cause. (Conservatively $10,000 to $25.000/tournament.) What does LNSC contribute to Iredell County Citizens? lo- Sale and quality recreation, challenge and classic soccer programs for youth with professional training at all levels. IN- Adult leagues in a safe and enjoyable environment. ► Lower tax expense to support programs and maintenance of recreation facilities. Do- Financial assistance for those unable to afford fees to play soccer. (20 to 25 players annually are assisted based on their need by LNSC.) ►A few jobs. Commissioner Keadle asked how the board could assist Mr. Couch. Couch said it would help if the "main players" in soccer could be assembled together to determine a method to create the vision. He said this would help the children, the schools, and county. Keadle asked if Mr. Couch was seeking any action. Couch said no action was requested rather he just wanted to inform the commissioners about the Lake Norman Soccer Club's activities as well as the opportunities. He said it was hoped the "vision" would be implemented. Presentation by Jim Summers, a Soil & Water Conservation District Representative Regarding the Beaver Management Assistance Program (BMAP): Brian Harwell, a Supervisor with the Soil and Water Conservation Office, said Iredell County had participated in the BMA program for 12 years. He provided the following information regarding the program's activities during last year: 15 beaver trapping sites; 212 man hours involved; and 26 beavers were removed. Harwell said (1) the service was available to anyone in the county (2) $20 was charged per visit and (3) $120 was charged to blow up a beaver dam. He said that at the Third Creek Watershed four sites were visited this year, and one site had sustained $9,336 in beaver damages. Jim Summers, also with Soil & Water, said that at the Third Creek site the beavers had clogged up a principal spillway pipe causing 15 feet of water to be blocked up above the normal water line. He said helmet -type divers had to unclog the 30 inch pipe (12 ft. high) where the animals had placed about six -and -a -half feet of mud, leaves, and other debris. Summers said the divers worked a -day -and -a -half removing the blockage. He said the sites were monitored on a regular basis, but the animals had caused the damage at Christmas time. Harwell recommended for the program to be continued. OTION by Commissioner Keadle to continue participation in the program. VOTING: Ayes — 5; Nays — 0. 4 PUBLIC HEARING Chairman Norman declared the meeting to be in a public hearing. Consideration of the Expansion of the East Alexander Fire District by Adding the Riverwalk Development and Properties Situated off of Bolick Road: Chief Duty Fire Marshal Garland Cloer said the East Alexander or Stony Point VFD desired to annex properties in and around the Riverwalk Development as well as properties off of Bolick Road. He said the public hearing was being offered to allow citizens to voice their opinions about the matter. Cloer said representatives from the East Alexander VFD were attending the meeting to answer any questions. No one desired to speak, and Chairman Norman adjourned the hearing. MOTION by Commissioner Johnson to allow the East Alexander Volunteer Fire Department to expand its service district by adding the Riverwalk Development and properties situated off of Bolick Road. VOTING: Ayes — 5; Nays — 0. (A map is attached that shows the area to be annexed by the VFD.) ADMINISTRATIVE MATTERS Request to Call for a Public Hearing on August 17, 2010 Regarding the FY 11 North Carolina Department of Transportation's Public Transportation Rural Operating Assistance Program Application: Transportation Director Ben Garrison said each year the state department of transportation made funds available to the counties to serve the elderly, disabled, low income, and the general public. He said a public hearing was required prior to the submission of the $349,534 application. OTIO by Commissioner Mitchell to grant the request to call for a public hearing on August 17, 2010. VOTING: Ayes — 5; Nays — 0. Request from the Tax Collector for Acceptance of the Annual Settlement and the Issuance of Tax Collection Orders for the Sheriff and Tax Collector: Interim Tax Administrator Bill Furches said G.S. 105-373 required that an annual tax settlement for the preceding fiscal year be presented to the board. He said that in addition, orders needed to be issued to the tax collector and sheriff for the collection of next year's taxes. Furches said the total tax base for the county was $91,856,887.29. He then presented the following information about tax collections. 2009 Taxes: Real & Personal Levy $85,558,353.69 Motor Vehicles 5,876,248.82 Add: Discoveries 676,919.70 Deduct: Releases (254,634.92) $91,856,887.29 Collections 88,893,306.53 2009 Outstanding Taxes $2,963,580.76 Collection Rates: All Property 96.77% Excluding Motor Vehicles 97.32% Motor Vehicles 88.77% Delinquent Taxes: Collections $2,250,312 5 Delinquent Taxes Outstanding $3,441,895 2010 Taxes Collected $ 370,454 The Numbers Collected $1,905,165 more in current Iredell County taxes than previous year— up 2.2% Collected $1,509,894 more than was budgeted — 101.7% of original budget Six year cumulative total $12.1 million over budgeted revenues Six year cumulative delinquent collections $11,272,212 Collected for all jurisdictions: 6-30-05 S 94,678,859 6-30-06 99,371,101 ( 5.0% Increase) 6-30-07 112,791,286 (13.5% Increase) 6-30-08 127,699,814 (13.2% Increase) 6-30-09 144,119,894 (12.9% Increase) 6-30-10 148,391,824 ( 3.0% Increase) Vehicle Tags Blocked Tax Statements Credit Agency Debt Setoff Garnishments Payment Arrangements Lien Holder Letters Bank Attachments Foreclosures Processed Bankruptcies Foreclosures Vehicle Taxes Fiscal Year 26,841 2,561 934 1,546 817 150 236 242 25 Tax Collection Actions Tax Collection Problems 348 for $1,059,255 (305 for $287,516 FY -2009) 1,208 (Increase from 986) 6.4% of total levy — 22.1 % of delinquencies - $655,897 Collection Rates Last Nine Fiscal Years Original Collection Rate Current Collection Rate 2009 96.89% 98.94% 2008 97.58% 99.39% 2007 96.80% 99.23% 2006 96.85% 99.53% 2005 96.94% 99.61% 2004 96.17% 99.56% 2003 96.30% 99.57% 2002 95.81% 99.49% 2001 96.09% 99.57% Average 96.58% Debt Setoff 99.43% Calendar years 2002-2009 ranked 21sT in the state out of 361 units of government participating with $1,005,136 collected. Iredell County did not participate in 2002 and 2003. In 2007 we ranked 9TH in the state with $251,876 in collections with a 68% increase over the prior year. In 2008 we ranked 28TH in the state with $188,527. In 2009 we ranked 40TH in the state with $153,564. For all years, we rank 18'H among counties with total collections of $1.19 million. 6 Furches said there had been a 14% increase in bankruptcies, and most of these were Chapter II types. Pertaining to foreclosures, he said there had been a 23% increase over 2009. Furches said the vehicle tax base was decreasing, and this indicated that people were not tagging their cars plus they were not purchasing new ones. He said 99,778 tax bills would be mailed on August 9, 2010, and this represented over $138 million in taxes for all jurisdictions in Iredell County. Commissioner Mitchell asked why the person owning the property on January 1 received the tax bill even though the property had been sold. Furches said it was state law. He said the situs and ownership was determined on January 1 and many people would receive bills who did not own the property. He said a new - owner letter would be mailed in September for everyone who bought property from January through the end of August, and letters would be sent each month thereafter. Furches said unfortunately, many deeds had incorrect addresses for the new owners. Robertson congratulated Furches and his staff on the collection percentages. He mentioned that Mr. Furches had made a statement that more tax money had been collected this year than in the previous year. Robertson pointed out that personal and real property tax revenues were only a part of the county's revenue stream. He said sales tax revenue had really taken a "hit," and the county actually had less money to spend. Robertson asked if Mr. Furches envisioned problems in maintaining the high collection rate during the next year. Furches said the 97% rate might not be accomplished but the department would try. He said there were so many delinquent accounts that it was difficult for the staff to work the entire list. MOTION by Commissioner Johnson accept the annual tax settlement and to issue the tax orders for the tax collector and sheriff. VOTING: Ayes — 5; Nays — 0. STATE OF NORTH CAROLINA ( ) ( ORDER ) COUNTY OF IREDELL ( ) TO: THE SHERIFF OF THE COUNTY OF IREDELL You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the Office of the Tax Assessor and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County of Iredell, and this order shall be a full and sufficient authority to direct, require and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with law. STATE OF NORTH CAROLINA ( ) ( ORDER ) COUNTY OF IREDELL. ( ) TO: THE TAX COLLECTOR OF THE COUNTY OF IREDELL You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records tiled in the Office of the Tax Assessor and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first Tien upon all real property of the respective taxpayers in the County of Iredell, and this order shall be a full and sufficient authority to direct, require and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with law. Request for the Adoption of a Community Development Block Grant (CDBG) Scattered Site Housing Special Revenue Fund Project Ordinance: Finance Director Susan Blumenstein said this scattered site housing grant was approved in 2007 but the county did not get approval to proceed with the project until recently. She said $400,000 would be used to complete projects started in 2003 with a previous CDBG. Blumenstein said (1) the Statesville Housing Authority was administering the grant (2) the project had been bid and (3) the first review meeting would occur at the end of August. She said no county funds would be expended; however, the county's staff would process the payments, and that Code Enforcement Director Lynn Niblock would provide periodic inspections of the rehabilitation projects. 7 MOTTO by Commissioner Mitchell to adopt the Community Development Block Grant Scattered Site Housing Special Revenue Fund Project Ordinance. VOTING: Ayes — 5; Nays — 0. Iredell County, North Carolina Special Revenue Fund 2006 CDBG Scattered Site Housing Grant Be it Ordained by the Board of County Commissioners of Iredell County, North Carolina Section 1. Funds for this Special Revenue Fund will be provided from the following sources: 2006 CDBG - Scattered Site Housing - Rehabilitation $ 311,500 2006 CDBG - Scattered Site Housing - Emergency Assisted Repairs 40,000 2006 CDBG - Scattered Site Housing - Relocation 5,000 2006 CDBG - Scattered Site Housing - Administration 43,500 $ 400,000 Section 2. The following costs shall be paid from this fund: Planning and Administration $ 43,500 Rehabilitation of Privately -owned Dwellings 311,500 Relocation Assistance 5,000 Emergency Assisted Repairs 40,000 $ 400,000 Section 3. This Special Revenue Fund shall continue until the project is complete. Section 4. The County Manager is authorized to transfer funds between line items upon approval by the NC Department of Commerce. Section 5. Payments from this Special Revenue Fund shall be authorized by the County Manager or his designee. Request for Approval of Amendments to the Iredell County Personnel Policy & Approval of Budget Amendment #3: Finance Director Susan Blumenstein said the county had a return -to -work policy for employees who were injured on the job. She said this method was used to enable employees to return to work earlier, but many times there were job restrictions. Blumenstein said until the restrictions were removed by the county -referred doctor, the employees performed `light duty." She said the salaries were charged to the employee's normal work department, and this was feasible at times. Blumenstein said when there were long-term restrictions; however, the departments eroded their salary budgets, plus they experienced understaffing. Blumenstein said that during 2010 there had been several cases where employees had long-term job restrictions, and the department had to hire part-time workers to perform the work of the injured employee. She recommended for the county's personnel policy to be amended by allowing the costs to be charged to the workers comp fund, upon a decision by the county manager, instead of the employee's home department. Blumenstein said this way the department would not be eroding its salary funds and having to hire part-time workers to fill the need. She recommended that Article VI, Section 15 of the policy be amended to read as follows: Add: Iredell County Department Heads and Elected Officials are expected to consider light-duty assignments within their departments in full consideration of any work restriction placed on an injured employee. Existing: The purpose of this program is to return injured employees to a job suitable to their work restrictions as soon as medically feasible. Early return -to -work and light duty programs promote a quicker recovery, improve morale, allow injured employees to earn their normal wages, and help departments maintain their productivity. Add: Employees participating in this program will receive their regular hourly rate for each hour worked. Existing: Employees participating in this program will receive their normal wage for each hour worked, and the cost will be charged to the employee's normal work department. 9 She said Budget Amendment #3 would transfer funds within the Workers Compensation Internal Service Fund in the event the county manager determined it was in the best interest of the county to charge salaries for long term restricted duty employees to the fund. Commissioner Keadle asked the county manager for comments on the changes. County Manager Mashburn said the changes would be helpful. He said one particular department had six employees on workers comp at the same time. Mashburn said two or three in EMS had long-term restrictions, and the charges were being paid out of the salary fund which made it difficult to hire someone else to provide the normal work duties. He said a couple of the individuals had been placed in other departments and were performing light-duty activities. Commissioner Robertson asked if the injuries were work related. Mashburn said yes. Robertson asked, since one department had six injured individuals, if the county was asking the employees to perform unsafe work or if they were incapable of performing the work. Mashburn said that at the time the employees were hired, they were capable. He said there were rules and regulations which made it difficult to issue requirements after they were hired. Robertson asked if requirements couldn't be issued at the date of hire. Mashburn said that when the employee was hired, he or she met the requirements. He said the only thing the county could do was provide an incentive for the employee to stay in good shape in order to perform the work they were hired to do. Mashburn said there were legal issues pertaining to work requirements. He said if employees were injured on the job the county had to continue to pay them until their cases were resolved or there was a settlement. Robertson asked Attorney Pope about options the county might have on fitness requirements. He said that in the Army a person had to pass a physical fitness test twice each year. Robertson continued by saying, "If you're going to take the King's shilling you have to do the King's work. If you couldn't stay in shape it was deemed you couldn't do your job and you couldn't stay." He asked if the county couldn't have a requirement that the employees had to physically remain in shape. Robertson said due to a military requirement, soldiers had to be clean shaven, or their required protective equipment such as masks and respirators wouldn't work. He asked about options for the county, especially since EMS had six injured employees. Attorney Pope said research could occur on the situation, and he suspected there might be options. Robertson said classifications could be created, for example, if a person passed an initial test they were at level one, and another test might make the person eligible for a level two with a higher pay grade and so on. He mentioned that employees in the inspections department received specialized training for different certifications and levels. Mashburn said that in emergency services, no amount of physical training could address all of the circumstances encountered by the employees. Deputy County Manager Tracy Jackson said much research had occurred regarding the issue that was basically tied back to the Americans with Disabilities Act (ADA). Robertson asked if the county had to retain employees who couldn't perform their jobs. He gave an example of an injured person in a high -paid position that was now performing a low - skilled job (return -to -work program) but continued to be paid high skilled job wages. Mashburn said not indefinitely. He said there was a process, and at the next meeting the board would be asked to act on a matter of this type. 9 Jackson said Iredell was not the only county being confronted with the situation. He said the problem was state-wide. Robertson asked who was writing the personnel policies regarding the situation. Mashburn said the county had to abide by federal and state regulations and ADA was one component. Commissioner Mitchell asked if the injured party used their physician for a medical diagnosis or if the county supplied the person. Jackson said the county contracted with a group of physicians; however, these might refer the employee to a specialist depending upon the type of needed care. Robertson asked about the seriousness of the injuries. Jackson said many of them were back or joint injuries and they were serious. Mashburn said the injuries mostly occurred from heavy lifting. He said the situation wasn't new, and that injuries had been occurring in the EMS department for many years. Mashburn said, however, it was unusual to have six injured in one department at the same time. Commissioner Johnson asked what would trigger the county manager's determination to charge the salary to the workers comp account. Mashburn said that if it were known the injury's duration would only be a short time and a light -job could be found within the same department, then the salary cost would remain in that department. He said if the injuries were long-term the workers comp fund would be used. Mashburn said some injuries were so severe that at the start it was known the person would not be able to return to work and perform the same job. Robertson said the county didn't have to employ the person for life. Mashburn agreed, but stated there was a process which had to be followed that sometimes took months. OTION by Commissioner Johnson to approve Budget Amendment #3 and to amend the personnel policy as recommended. VOTING: Ayes — 5; Nays — 0. Request for Approval to Apply for an Energy Efficiency in Government Buildings Grant funded by the US Department of Energy and Administered by the North Carolina Department of Commerce: Planning Administrator Steve Warren said recently a grant opportunity became known similar to a previous one for energy efficiency. He said the competitive non -match grant application needed to be submitted by August 10, and the county 10 would apply for the maximum amount of $500,000 to upgrade heating and air conditioning systems. Commissioner Johnson asked if county employees could provide some of the labor for the project. Warren said to an extent, but some HVAC work would have to be contracted out. He said the Davis Bacon Act would apply, and there would be a "Buy American" requirement. OTIO by Commissioner Robertson to approve the request. Amendment to the Motionj Commissioner Johnson requested for the county staff to provide as much of the work as possible. Commissioner Keadle said he wanted to clarify that it would be cheaper to replace the units than to let them remain. Warren said guidelines would have to be met for energy efficiency. He said the new equipment would have to meet all of the criteria. VOTING: Ayes — 5; Nays — 0. Request from Crossroads Behavioral Healthcare for the Nomination of an Individual to Participate in the 2010-2011 Iredell Advocacy Academy for Substance Abuse Awareness & Recovery: County Manager Mashburn said Crossroads had requested an appointee to the Advocacy Academy for Substance Abuse and Recovery. He said the appointee would need to attend a training session in September and there would be monthly meetings thereafter. Commissioner Johnson, a Crossroads board member, said there would be a kick-off meeting soon for the Academy, and he would try to recruit someone to serve. MOTTO by Commissioner Johnson to declare the vacancy and to appoint someone at the August 17 meeting. VOTING: Ayes — 5; Nays — 0. Request for a Decision Regarding the November Meeting Schedule due to Election Day: County Manager Mashburn suggested that the November meetings be held on the 91 h and 23'x. (Commissioner Robertson mentioned that if the agenda for the 23rd appeared to be light, it might be eliminated.) Commissioner Robertson suggested that October's schedule be revised also by meeting on the 5th and 26`h OTION by Commissioner Robertson to meet in October on the 5 1 and 26`h and to meet in November on the 9°i and 23`a VOTING: Ayes — 5; Nays — 0. Request for Approval of the July 13, 2010 & July 23, 2010 Minutes: MOTION by Commissioner Keadle to approve the minutes as presented. VOTING: Ayes — 5; Nays — 0. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (1 announcement) Nursing Home Advisory Committee (2 announcements) Troutman Planning & Zoning Board (ETJ) (I announcement) COUNTY MANAGER'S REPORT: County Manager Mashburn expressed appreciation to Deputy County Manager Tracy Jackson for filling in for him during his vacation. CLOSED SESSION: County Manager Mashburn announced there was not a need for a closed session as was first mentioned at the beginning of the meeting. ADJOURNMENT: MOTIO by Commissioner Johnson to adjourn the meeting at 8:30 p.m. (Next Meeting: Tuesday, August 17, 2010 at 7:00 P.M., in the Iredell County Government Center, 200 South Center Street, Statesville, NC.) VOTING: Ayes — 5; Nays — 0. Approval: 12 Clerk to the Board