HomeMy WebLinkAboutFebruary 16 2010 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
FEBRUARY 16, 2010
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
February 16, 2010, at 7:00 P.M., in the Iredell County Government Center (Commissioners'
Meeting Room), 200 South Center Street, Statesville, NC.
Board Members Present
Vice Chairman Marvin Norman
Steve Johnson
Scott Keadle
Absent: Chairman Godfrey Williams
Ken Robertson
Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Sheriff's
Chief Deputy Rick Dowdle, Deputy County Manager Tracy Jackson, Finance Director Susan
Blumenstein, Planning & Development Director Ron Smith, and Clerk to the Board Jean Moore.
CALL TO ORDER by Vice Chairman Norman
INVOCATION by Commissioner Johnson
PLEDGE OF ALLEGIANCE
ADJUSTMENTS OF THE AGENDA (none)
Presentation from Centralina Council of Governments Ombudsman Cindy Kincaid
About the Nursing and Adult Care Home Community Advisory Committees: Joining
Kincaid at the meeting were committee members Alan Singerman, Kathy Smith, and Sharon
Molleur. Kincaid said there were approximately 250 volunteers in Centralina's nine county
region (Region F) and 1,800 statewide. She said the volunteers received 15 hours of initial
orientation and in -facility training plus 8 hours of on-going training throughout the year.
Continuing, she said the committees were mandated by the General Statutes, and they were
legislatively empowered as resident advocates. She said Region F had 15,000 long term care
beds with Iredell County having 739 nursing home beds and 774 adult care home beds. Ms.
Kincaid reviewed the activities of the committees during the past year and some are listed as
follows: a residents rights party along with a Christmas party were held, magazines, coloring
books, clothes and personal items were collected/delivered, local church and civic groups were
provided with educational programs about the committees, plus the committee members visited
the homes numerous times during the year outside of the required inspections.
Kincaid said not having enough committee members was a problem and another one was
the reluctance of the adult care and nursing home administrators in implementing the
committee's recommendations. She said also, it had been noted that there was an increase in
younger individuals suffering from mental illness who were residing in the homes, and this was a
concern to the older population.
PUBLIC HEARINGS
Vice Chairman Norman declared the meeting to be in a public hearing.
Consideration of an Economic Development Incentive for an Undisclosed Company
($43,736 over five years based on a $3 million investment): Mooresville -South Iredell
Economic Developer Russ Rogerson said Triad Racing Technologies, a company based in High
Point, NC, was requesting an economic development incentive of $43,736. Rogerson said the
company proposed to (1) lease -to -own a 40,000 sq. ft. facility in Mooresville (2) make a $3
million equipment investment and (3) create 56 jobs at an average wage of $33 an hour.
Mark Chambers, Triad's General Manager (engine plant) said the company was a design,
development, testing, and manufacturer/supplier of NASCAR related engines. He said 10 to 15
teams were supplied for the NASCAR Truck Nationwide Cup and ARCA Series. Additionally,
he said the company provided "body stampings, parts, and pieces." Chambers said the company
planned to diversify and expand into other areas.
No one else desired to speak, and Vice Chairman Norman adjourned the hearing.
MOTION by Commissioner Johnson to approve the $43,736 incentive based on the $3
million investment.
VOTING: Ayes — 2; Nays - 1 (Keadle)
Vice Chairman Norman declared the meeting to be in a public hearing.
Consideration of a Resolution Approving in Principle a Special Purpose Project for
Providencia USA, Inc., and the Financing Thereof with Recovery Zone Facility Bonds
(RZFB) in the Principal Amount of up to $9,100,000: Houton & Williams Bond Attorney
Mary Nash Rusher, representing the Iredell County Industrial and Pollution Control Financing
Authority, said Providencia USA Inc., was seeking $9,100,000 in recovery zone facility bonds.
She said the proceeds would be loaned to the company for the construction of a 90,000 sq. ft.
manufacturing facility. Rusher said that in December of 2009, the county decided on the
allocation of $18,159,000 in RZF bonds that were a part of the stimulus bill, and $9.1 million
was approved for the Providencia project. She said the company had to be on the Local
Government Commission calendar by May of this year, and the RZF bonds required the same
type of approval as industrial revenue bonds. She said the authority, and the county, did not have
any liability in the repayment of the bonds, plus there was no taxing power pledge. Rusher said
the county was a conduit to allow the company to borrow at a tax exempt rate. She said a notice
of public hearing was published 14 days ago and a resolution approving the bonds "in principle"
was required after the public hearing. (In attendance with Ms. Rusher were Greater Statesville
Development Corporation Executive Director Mike Smith and Mark Jones with Providencia.)
Attorney Bill Pope said the recovery zone bonds were similar to industrial revenue bonds
that had been approved in the past. He said the Industrial Revenue Bond Authority was issuing
the bonds and not the county or government. Mr. Pope said the taxing authority of the
government and county was not being pledged, and the bonds would be secured by a letter of
credit from an A -rated bank.
No one else desired to speak, and Vice Chairman Norman adjourned the hearing.
MOTION by Commissioner Keadle to approve the resolution.
VOTING: Ayes — 3; Nays — 0.
APPROVAL IN PRINCIPLE OF SPECIAL PURPOSE PROJECT
FOR PROVIDENCIA USA, INC. AND THE FINANCING
THEREOF WITH RECOVERY ZONE FACILITY BONDS IN THE
PRINCIPAL AMOUNT OF UP TO $9,100, 000
WHEREAS, The Iredell County Industrial Facilities and Pollution Control Financing
Authority (the "Authority') proposes to assist in the financing under the North Carolina
Industrial and Pollution Control Facilities Financing Act, Chapter 159C of the North Carolina
General Statutes, as amended (the "Act') of a "special purpose project" by Providencia USA,
Inc., a North Carolina corporation (the "Company'), which plans to acquire, construct and
equip a 90,000 square, foot manufacturing facility to be used jor the manufacture of non -woven
textiles (the "Project'), to be owned and operated by the Company in Statesville, Iredell County,
North Carolina; and
WHEREAS the Act and the Internal Revenue Code of 1986, as amended (the "Code')
require that the governing body of a county approve in principle any project to be financed
under the Act after a public hearing; and
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WHEREAS, the Board of Commissioners previously allocated $9,100,000 of its recovery
zone facility bond allocation to the Project; and
WHEREAS, this Board of Commissioners today has held a public hearing with respect to
the advisability of the Project and the issuance of recovery zone facility bonds therefor, as
evidenced by the Certificate and Summary of Public Hearing; and
WHEREAS, the Authority intends to issue its Recovery Zone Facility Bonds (Providencia
USA, Inc. Project), Series 2010 (the "Bonds') in the principal amount of up to $9,100,000 which
will be issued as variable rate bonds secured by a letter of credit from a bank with a long-term
rating of at least "A" or better by a nationally recognized rating agency; and
WHEREAS, Section 147(f) of the Code requires that the Board of Commissioners
approve the plan offinancing for the bonds; and
WHEREAS, under Section 159C-4 of the Act the issuance of bonds under the Act must be
approved by the governing body of the county in which the project to be financed is located.
NOW, THEREFORE, the Board of'Commissioners of Iredell County, meeting in regular
session at Statesville, North Carolina, on February 16, 2010, does the following:
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR IREDELL COUNTY:
The proposed "special purpose project" consisting of the acquisition, construction and
equipping of a 90,000 square foot manufacturing facility to be used for the manufacture of non-
woven textiles (the "Project'), to be owned and operated by Providencia USA, Inc., and the
issuance of'recovery zone facility bonds in an amount not to exceed $9,100,000 therefor are
hereby approved in principle.
The Board of Commissioners hereby approves the plan of financing as required by
Section 1470 of the Code.
The issuance of the Bonds in the principal amount of $9,100,000 is hereby approved for
purposes of Section 159C-4 of the Act.
THE BONDS DO NOT CONSTITUTE A DEBT OF THE STATE OF NORTH CAROLINA
OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY OR THE
COUNTY, OR A PLEDGE OF THE FAITH AND CREDIT OF THE STATE OF NORTH
CAROLINA OR ANY POLITICAL SUBDIVISION, INCLUDING THE AUTHORITY OR THE
COUNTY.
ADMINISTRATIVE MATTERS
Request for Approval of the Exit 42 Roadway Protection Overlay District Zoning
Amendment (Section 6.18.3): Planning & Development Director Ron Smith said discussions
had occurred with the Exit 42 property owners about the RPO, but a consensus had not been
reached. He said, however, several changes had been made to the document that was first
presented to the board on December 8, 2009.
OTION by Commissioner Keadle to postpone the RPO discussion until the second
meeting in March of 2010.
VOTING: Ayes — 3; Nays — 0
Request from the NC Department of Transportation, through the Planning
Department, for Approval to Abandon a Portion of SR 2743 (no name) from the State
Maintained System: Planning & Development Director Ron Smith said 170 linear feet of
roadway (entrance into Kewaunee Scientific off West Front Street, Statesville, NC) had been
requested to be released to Kewaunee and removed from the state maintained system. He said
the company had made the request, and the staff found it to be in order.
MOTTO by Commissioner Keadle to approve the request
VOTING: Ayes — 3; Nays — 0.
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Request from the NC Department of Transportation, through the Planning
Department, for Approval to Abandon a Portion of SR 2779 (no name) from the State
Maintained System (Connector road between US 21 and NC 115 in Mooresville, NC): Planning and
Development Director Ron Smith said this request pertained to a cut through street behind a gas
station at the Hwy. 115 and US 21 intersection. He said the property owners on both sides of the
roadway had made the abandonment request, and the Department of Transportation (DOT) was
recommending approval due to the safety implications. He said the DOT would "tear up" the
roadway's two ending points in order to prevent travelers from traveling through. Smith said the
roadway property would revert to the property owners once the road was taken off the state
maintained list.
MOTION by Commissioner Keadle to approve the request.
VOTING: Ayes - 3; Nays - 0.
(This request was postponed from the February 2, 2010 meeting.)
Request for Approval of the January 2010 Refunds and Releases: County Manager
Mashburn said the January refunds and releases were recommended for approval.
MOTION by Commissioner Johnson to approve the January refunds and releases.
VOTING: Ayes - 3; Nays - 0.
Releases for the month of January 2010
Breakdown of Releases:
County
$9,949.64
Solid Waste Fees
$20.25
E. Alex. Co. Fire #1
$2.67
Shepherd's Fire #2
$249.68
Mt. Mourne Fire #3
$19.63
All County Fire #4
$398.92
B&F Fire #5
$48.79
Statesville City
$1,926.79
Statesville Downtown
$0.00
Mooresville Town
$2,584.52
Mooresville Downtown
$0.00
Mooresville School
$486.92
Love Valley
$0.00
Harmony
$13.01
Troutman
$64.04
Davidson
$0.00
Refunds for the month of January 2010
Breakdown of Refunds:
County
$625.32
Solid Waste Fees
$20.25
E. Alex. Co. Fire #1
$0.00
Shepherd's Fire #2
$0.00
Mt. Mourne Fire #3
$8.11
All County Fire #4
$29.99
B&F Fire #5
$391.33
Statesville City
$0.00
Statesville Downtown
$0.00
Mooresville Town
$386.12
Mooresville Downtown
$0.00
Mooresville School
$58.35
Love Valley
$0.00
Harmony
$0.00
Troutman
$0.00
Davidson
$0.00
Monthly Total
$15,764.86
Monthly Total
$1,519.47
Request from the Sheriff's Department for Adoption of a Resolution Declaring that
Canine Renni be Declared Surplus and Sold by Private Sale to the Handler: County
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Manager Mashburn said the sheriff's department had a canine unit that needed to be removed
from service due to age. He said the trainer desired to purchase the animal, and a resolution had
been provided to declare the Belgian Malinois dog surplus.
OTION by Commissioner Keadle to approve the request.
VOTING: Ayes — 3; Nays — 0.
RESOLUTION AUTHORIZING THE PRIVATE SALE OF
CERTAIN SURPLUS PERSONAL PROPERTY
WHEREAS, the County oflredell has possession of the following item of personal property which
is surplus to its needs and desires to dispose of same.
NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners of Iredell County, that
the Countv Purchasing Agent, Dean A. Lail, pursuant to the provisions of NC.G.S. 160A-267, is hereby
authorized to dispose of the personal property as listed for cash or good check by private sale, and the
said Purchasing Agent is further authorized and directed to execute the necessary functions associated
with the sale.
One (1) Canine Unit Named Renni
Request from the Sheriff's Department for Approval of Budget Amendment #46
to Purchase 15 Vehicles & Vehicular Equipment: Sheriff's Chief Deputy Rick Dowdle
requested consent to purchase twelve (12) vehicles ($300,000) along with three (3) SUVs
($90,000) and specialized vehicular equipment ($123,000) for the new cars. Dowdle said the
current fleet had several cars with high mileage, and they needed to be replaced. He said another
reason the department wanted to purchase the vehicles was due to lengthier delivery waiting
periods. Dowdle said the sheriff had agreed to purchase the vehicles with seized funds.
OTION by Commissioner Johnson to approve Budget Amendment #46 for the request.
VOTING: Ayes — 3; Nays — 0.
Request from the Finance Department for Approval of an Audit Contract with
Martin Starnes & Associates, CPAs, P.A.: Finance Director Susan Blumenstein said an audit
was required to comply with federal regulations. She submitted a recommended contract with
Martin Starnes costing $39,000 which was the same cost as for the 2009 audit.
MOTTO by Commissioner Keadle to approve the audit contract.
VOTING: Ayes — 3; Nays — 0.
Request from the Recreation Department for Approval of Outdoor Education
Center Program Rate Increases: Recreation Programs Administrator Michele Hepler said
the outdoor education program rates had not increased since 1997, and increases were needed to
cover the costs.
MOTTO by Commissioner Johnson to approve the rate increases.
VOTING: Ayes — 3; Nays — 0.
The new rates will be as follows:
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To purdiase 15 vehicles in the Sheriffs departmerrt with Federal Equity Sharing Funds.
BA#46
2(16010
Account #
Current CharW Amended
General Fund
104510 4820.00
Federal Equity Sharing
(326,047)
(513,000)
(839,047)
105510 620000
NorrDepredableAssets
18,380
123,000
141,380
105510 650000
Vehicles
21,000
390,000
411,000
Request from the Finance Department for Approval of an Audit Contract with
Martin Starnes & Associates, CPAs, P.A.: Finance Director Susan Blumenstein said an audit
was required to comply with federal regulations. She submitted a recommended contract with
Martin Starnes costing $39,000 which was the same cost as for the 2009 audit.
MOTTO by Commissioner Keadle to approve the audit contract.
VOTING: Ayes — 3; Nays — 0.
Request from the Recreation Department for Approval of Outdoor Education
Center Program Rate Increases: Recreation Programs Administrator Michele Hepler said
the outdoor education program rates had not increased since 1997, and increases were needed to
cover the costs.
MOTTO by Commissioner Johnson to approve the rate increases.
VOTING: Ayes — 3; Nays — 0.
The new rates will be as follows:
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Outdoor Education Center Rates — Effective February 16, 2010
Ropes Challenge Course and Climbing/Rappelling Tower
Youth Rates (per person)
Age range is from 10 to 18. Director must approve other ages.
1. Program
Forms Received 1 Week Before
Start of Program
Forms Received Less than 1
Week Before Start of Program
Day, low only (3-4 hours)
$28.00
$33.00
Full Day, low or low/hi h (7-9 hours)
$35.00
$40.00
Two da (same participants each da)
$53.00
$58.00
Adult Non -Profit Rates (per person)
Age range is 18 and up.
11. Program
Forms Received 1 Week Before
Start of Program
Forms Received Less than 1
Week Before Start of Program
Day, low only (3-4 hours)
$40.00
$45.00
Full Day, low or low/high (7-9 hours)
$55.00
$60.00
Two da (same participants each da)
$80.00
$85.00
Corporate Rates (per person)
Age range is 18 and up
111. Program
Forms Received I Week Before
Start of Program
Fonns Received Less than I Week
Before Start of Program
Day, low only (3-4 hours)
$60.00
$65.00
Full Day, low or low/high (7-9 hours)
$75.00
$80.00
Two day (same participantseachda)
$100.00
$110.00
NOTES:
• Cost does not include meals, however, meals can be provided at an additional cost.
• Specialty programs may be coordinated at a different rate, based on program type, length, and
content.
• Payment is due before the start of the program or may be invoiced with approval of the Program
Director.
• A non-refundable deposit of $50.00 or approved purchase order will be required to reserve a program
date.
• Minimum number of participants per group is 10. Maximum group size varies on program type and
content. Information and group size will be communicated and determined in program contract.
Primitive Group Camping Guidelines
Iredell County Outdoor Education Center
Cost Per Night: $30.00/group for up to 15 campers. Add $1 for each additional camper.
Maximum 30.
Request for Approval of an Agreement with CGI Communications for an Internet
Video Showcase of Iredell County: Deputy County Manager Tracy Jackson said CGI
Communications provided a free Internet -based service that would "showcase" various county
services. He said a link would be placed on the county's website to view videos made by the
company. Jackson said the CGI agreement would be an on-going commitment unless the county
cancelled.
County Manager Mashburn said the company would film a video, and the only
commitment needed from the county would be to provide a letter of introduction using Iredell
County letterhead and to allow the Internet linkage. He said CGI would take the letter to area
businesses for the purpose of selling advertising ads. Mashburn said that if no ads were sold, the
county would still have the video.
OTION by Commissioner Johnson to approve the request.
VOTING: Ayes — 3; Nays — 0.
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Request for Approval of the February 2, 2010 Minutes: MOTION by Commissioner
Keadle to approve the minutes.
VOTING: Ayes — 3; Nays — 0.
APPOINTMENTS TO BOARDS & COMMISSIONS
Nursing Home Advisory Committee (I appointment): Commissioner Johnson
nominated Brenda Rumple.
MOTION by Commissioner Johnson to close the nominations and appoint Rumple by
acclamation.
VOTING: Ayes — 3; Nays — 0.
Adult Care Home Community Advisory Committee (2 appointments): MOTION by
Commissioner Johnson to table the two appointments.
VOTING: Ayes — 3; Nays — 0.
Animal Grievance Committee (1 appointment): Commissioner Keadle nominated
Dr. Kim Ball.
MOTION by Vice Chairman Norman to close the nominations and appoint Ball by
acclamation.
VOTING: Ayes — 3; Nays — 0.
PUBLIC COMMENT PERIOD (no one desired to speak)
NEW BUSINESS: Commissioner Johnson said that at the joint meeting with the Town
of Mooresville in January, a discussion occurred concerning the nonattainment issue and the
possible adoption of a resolution.
MOTION by Commissioner Johnson to place a nonattainment resolution on the
March 2, 2010 agenda.
VOTING: Ayes — 3; Nays — 0.
COUNTY MANAGER'S REPORT: County Manager Mashburn said recently a report
was received from the North Carolina Division of Aging that showed expenditures by county for
citizens 60 years and older. He said in FY 2008/09 a total of $39,791,845 had been distributed to
the Department of Transportation, Division of Aging, Division of Medical Assistance, Divisions
of Mental Health and Disability, Services for the Blind, Division of Social Services, and to the
Division of Vocational Rehabilitation for individuals 60 years or older in Iredell County.
CLOSED SESSION: MOTION by Vice Chairman Norman, pursuant to Attorney/Client
- G.S. 143-318.11 (a) (3) to enter into closed session.
VOTING: Ayes — 3; Nays — 0.
ADJOURNMENT: MOTION by Vice Chairman Norman to continue the meeting to
Friday, February 26, 2010 at 8:00 A.M., for the Winter Planning Session at the Agricultural
Resource Center, 444 Bristol Drive, Statesville, NC
VOTING: Ayes — 3; Nays — 0.
Approval:
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Clerk to the Board