HomeMy WebLinkAboutFebruary 2 2010 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
FEBRUARY 2, 2010
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
February 2, 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 Godfrey Williams
Vice Chairman Marvin Norman
Steve Johnson
Scott Keadle
Ken Robertson
Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy
County Manager Tracy Jackson, Purchasing Agent Dean Lail, Code Enforcement/Special
Projects Director Lynn Niblock, Tax Collector Bill Furches, Elections Director Becky Galliher,
Planning & Development Director Ron Smith, Captain Mike Phillips with the Sheriffs
Department, Tax Administrator Bill Doolittle, Parks & Recreation Director Robert Woody, 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 Commissioner Keadle to
approve the agenda with the following adjustment.
Addition: • Request from the Tax Administration Department for the Extension of the 2010
Tax Listing Period to February 3, 2010 (Action due to inclement weather and the
closing of county offices on February 1.)
VOTING: Ayes — 5; Nays — 0.
APPOINTMENTS BEFORE THE BOARD
Presentation of a Mid -Year Report from David Swann, the CEO/Area Director of
Crossroads Behavioral Healthcare: The agenda packet included a written report, and Swann
briefed the board on its contents. Some highlights are as follows:
• Accreditation approval for the next three years has been achieved.
• A working relationship with Davis Hospital to secure involuntary commitment beds is
occurring. (This will reduce wait times for clients and their families, along with having the
hospitalizations within the Crossroads catchment area.)
• The state continues to encourage the consolidation of local managing entities (LMEs)
• The state is in arrears by two months on revenues to Crossroads.
• This year's budget is five million less due to state cuts.
Commissioner Johnson asked if Mr. Swann felt comfortable with the fund balance.
Swann said yes, and the situation had improved. He said the deficit would be closer to
$1.8 million rather than the original estimate of $2.4 million.
Chairman Williams said that if Crossroads had not reduced the fund balance, the state
would have taken the funds.
Swann said this was correct. He said Crossroads was required to budget/spend a
minimum of $500,000 in fund balance this fiscal year.
Commissioner Johnson said it was understood that if Crossroads had to involuntarily
commit someone, there was no control over where the bed might be located (an hour away or
five hours away). He asked if Davis Hospital had made a bed number commitment.
Swann said there was a written commitment for five beds (involuntary commitments),
and this would be adequate.
Johnson asked how much state pressure was being placed on catchment size or
consolidation.
Swann said it was not aggressive, however, there was encouragement to have discussions
with the other LMEs. He said in the future, incentives might be offered to merge/consolidate,
and the state might change the revenue stream making it difficult for smaller LMEs.
PUBLIC HEARING
Consideration of an Economic Development Incentive for an Undisclosed Company
(Incentive of $184,054 over five years based on $13 million investment): Economic Developer Mike
Smith said a local manufacturer, existing in the county since 1954, planned on a $13 million expansion
(over three years) and to create 100 new jobs over a five-year period. He said (1) the company had an
off -shore site in India (2) the corporate offices, plus the primary manufacturing facility were in the county
(3) the company paid above the state's 3.1 average wage and (4) the company was requesting an incentive
based upon taxable investment over a three-year period on the assessed value that would fluctuate from
year to year.
Chairman Williams declared the meeting to be in a public hearing. No one requested to speak,
and the hearing was adjourned.
MOTION by Commissioner Norman to grant the request as presented.
VOTING: Ayes -4; Nays— 1 (Keadle).
Note: A press conference was held on Fehruary 3, 2010, and it was announced that the company
seeking the incentive was Kewaunee Scientific Corporation.
Request from the Tax Collector for Approval of an Order to Advertise Tax Liens on
Wednesday, March 17, 2010: Tax Collector Bill Furches submitted a list of unpaid taxes that were liens
on real property as of January 31. He said the list, for all jurisdictions, totaled $10,537,314. Furches
requested approval to advertise the tax liens on March 17.
MOT1ON by Commissioner Norman to approve the request to advertise the tax liens on
March 17, 2010.
VOTING: Ayes — 5; Nays — 0.
Request from the Elections Department for Approval of Budget Amendment #44 for a One
Stop Voting Site in Mooresville: Elections Director Becky Galliher said that based on rapid voter
registration in the southern end of the county, a one stop voting site was requested for the 2010 primary
election. She said a $6,000 transfer of funds from supplies would cover the voting site expenses.
MOTION by Commissioner Robertson to approve the budget amendment to transfer $6,000 for a
one stop voting site in Mooresville, NC.
VOTING: Ayes -5; Nays -0.
To transfer funds within the Elections Budget from Departmental Supplies to Salaries
BA#44 line items to fund part-time salaries for a One -Stop Voting Site in Mooresville
Account #
Current
Chanae
Amended
General Fund
105425 5350.00 Departmental Supplies
13,815
(6,000)
7,815
105425 5100.03 Salaries - Part time
17,700
5,000
22,700
1054255100.04 Salaries - Overtime
1,500
575
2,075
105425 5125.01 FICA
11,730
425
12.155
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Request from the Sheriffs Department for Approval of Budget Amendment #45
for the Appropriation of Funds to the Stop Child Abuse Now (SCAN) Organization:
Captain Mike Phillips said the sheriff's department partnered with the SCAN agency to assist
victims of child abuse.
Attorney Ronnie Crisco, SCAN's Board Chairman, said the agency had three primary
programs: Parent Aid (a one-on-one in-home program to provide services to families at risk for
child abuse or who might already be in the social services system), At -Risk Kids or ARC (a
program funded primarily through a state grant from the Juvenile Crime Prevention Council that
deals primarily with children already in the juvenile justice system) and the Family Connections
Program (supervised visitation with monitors both inside/outside the room as well as video
monitoring). Crisco said that in respect to the sheriff's transfer of $5,000, the funds would be
used for Parent Aid due to a significant budget shortfall in the program. Mr. Crisco said SCAN
had existed in the county for 20 years and was the only referral source that social services had
available for this type of service. Crisco said the social services recidivism rate was about 30%,
but SCAN's rate was 8 to 10% a year. He said that if the board looked at how much SCAN
actually saved the county, the $5,000 would be justified.
Commissioner Keadle asked what would happen to the Family Connections Program if
SCAN did not provide the service.
Crisco said, normally, the judges asked the attorneys if there was an acceptable family
member to assist with the visits. He said if no one was agreed upon, then the visitations did not
occur. He said, "The parent is denied the opportunity to have meaningful access to the children
until the next time the court evaluates the situation which might be a couple of months or a year
or more.
Keadle asked the reason for the supervision.
Crisco said, "Our judges are constrained by very little, other than the best interest of the
child, and how they define that term." He said it could be anything from prior abuse to evidence
of a drug or alcohol problem, or mental illness. Crisco said the most typical case would be
temporary custody orders. He said, "Rightly so, judges are very risk adverse when it comes to
the safety of children."
OTION by Commissioner Johnson to approve Budget Amendment #45 to appropriate
the money to SCAN from the sheriff's budget.
VOTING: Ayes — 5; Nays — 0.
Reconsideration of a September 1, 2009 Board Motion in Connection with a
Rezoning Request (Case #0906-1 — Cletus Darrell Jones ) from Residential
Agricultural to Highway Business Conditional District (1169 Turnersburg Road,
Statesville, NC): Planning & Development Director Smith said this item was a
reconsideration of a vote that occurred in September of 2009. He said the information that
was submitted at that time had been re -distributed to the board members.
(A copy of the 2009 planning staff report is as follows.)
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To appropriate funds in the Sheiff s department for SCAN.
BAM
2/2/2010
Ac cow t #
Current aww Mended
General Fund
104880 499401
Fund Balance - Seized Funds
(5,000)
(5,000)
105510 574240
SCAN
5,000
5,000
Reconsideration of a September 1, 2009 Board Motion in Connection with a
Rezoning Request (Case #0906-1 — Cletus Darrell Jones ) from Residential
Agricultural to Highway Business Conditional District (1169 Turnersburg Road,
Statesville, NC): Planning & Development Director Smith said this item was a
reconsideration of a vote that occurred in September of 2009. He said the information that
was submitted at that time had been re -distributed to the board members.
(A copy of the 2009 planning staff report is as follows.)
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CASE # 0906-I
EXPLANATION OF THE REQUEST
This is a request to rezone 3.9 acres on Turnersburg Hwy. from RA (Residential Agricultural) to HB -CD
(Highway Business Conditional District). The proposed use is automotive repair and service. A
conceptual site plan had been submitted which shows the design of the site. The conditions that will be
attached are as follows:
• Only 72 total square feet of signage, two separate driveways with a maximum width o1'24 ft each,
driveways will be separated by a landscaped island, the only use shall be automotive repair and
service.
All lighting shall be contained on site.
No unnecessary removal of trees.
The following conditions were accepted by the applicant at the Planning Board Meeting:
• The entire building must be insulated for noise control including the compressor building.
• Hours of operation shall be limited to 8am-6pm, Monday through Friday and 8am-Ipm on
Saturday.
• The parking lot must be paved within 24 months ofapproval.
• Any vehicle that it inoperable or is "unpaid" must be stored in the main building or within the
designated storage area as shown on the approved site plan.
• The storage area must be enclosed by a, fence at least 6' in height that is opaque.
OWNERIAPPLICANT
OWNERS: Darrel & Brandy Jones
179 Gilead Rd.
Statesville, NC
PROPERTYINFORMATION
LOCATION. 1169 Turnersburg Hwy.
approximatety 1 mile north of exit 54 off I-
77. Identified as PIN 4 75 723 9504.
DIRECTIONS: North on 1-77 to exit 54.
Turn right off of the exit. Property is on the
left approximately one mile from the exit
SURROUNDING LAND USE: The
properties adjacent to the north and west
are commercial, containing a trucking
company and a grading operation
respectively. Adjacent properties to the
south and east are residential.
SIZE: 3.9 acres
CASE# 0966-0
RAto HB CD
CurreeR Zoning —
EXISTING LAND USE: The existing land use is residential. However, a structure has already been built
under the accessory building provision of the zoning ordinance and received its certificate of occupancy,
under the residential building code. Included is a copy of the permit issued by the Planning Department.
(This was in the agenda packet.)
ZONING HISTORY: The subject parcel has been zoned RA since countywide zoning was adopted.
OTHER JURISDICTIONAL INFORMATION: The subject parcel lies entirely within Iredell County's
zoning and planning jurisdiction.
OTHER SITE CHARACTERISTICS: The subject parcel is not in the watershed or floodplain.
IMPACTS ON LOCAL INFRASTRUCTURE ANDIOR FACILITES
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TRAFFIC: The closest NCDOT monitor on Turnersburg Hwy. averaged 8,000 daily trips. The current
capacity for this section of Turnersburg Hwy. is 13,100. The proposed facility would generate
approximately 13 trips per hour at peak operation.
SCHOOLS: Due to the commercial nature of this request there should be no impact on the school system.
FIRE MARSHAL: The f re marshal had no comments pertaining to the impact on the community.
EMS: No comments or concerns.
REQUIRED REVIEWS BY OTHER AGENCIES
LOCAL: The Inspections Department will have to review the plans to make sure that the structure meets
all required building coder. The site does not require erosion control plans however measures have been
put into place to meet the Erosion Division's recommendations.
STATE: NCDOT has issued a driveway permit based on the site plan enclosed.
FEDERAL: The requested use will not require any federal approval.
STAFF AND BOARD COMMENTS
STAFF COMMENTS: The proposed request does not meet the land use plan as it is currently adopted.
However, the 2030 horizon Plan does recommend commercial development in this area. In addition,
some of the adjoining properties are currently being used for commercial purposes. Due to the current
commercial use of adjoining properties as well as the conformity with the 2030 Horizon Plan staff is in
support of this rezoning.
PUBLIC INPUT MEETING: The public input meeting was held on May 18, 2009 at the site. Forty-four
people attended including a member of the planning staff: Concerns raised dealt with traffic safety, noise,
storm water runoff, and the history of the property.
SITE REVIEW COMMITTEE: Jeff McNeely, Harry Tsumas, and Thomas Stephens visited the site with
staff
on May 12, 2009.
PLANNING BOARD ACTION- On June 3, 2009 the Planning Board voted 4-5 to recommend approval
of this request. This action represents a recommendation to deny the request.
Commissioner Norman said he was not at the September meeting when the vote
occurred. He said changes had occurred since then, and he requested Smith to provide an
update.
Smith said the September request was to rezone from Residential Agricultural to
Highway Business Conditional District. He said at the time, the staff was utilizing the 1997
Land Use Plan; however, the staff was working on the 2030 Horizon Plan. Smith said the 1997
plan did not support the Jones request (there was not a commercial node at the location), but the
new plan, now adopted, showed a commercial node. Smith said that if the request came in
today, a favorable recommendation would be given.
Norman said that if the owner met all of the building code requirements, then it presently
fell into compliance.
Smith said yes, if rezoned to HB, it would be in compliance with the 2030 plan; however,
there were significant building issues needing to be addressed.
Commissioner Robertson asked if the planning staff recommended approval of the
rezoning.
Smith said that in September, the staff recommended approval based on the proposed
2030 plan with several conditions (one being to bring the property up to the building standards).
He said the staff, at the present, would continue to recommend approval.
Chairman Williams asked if the owner had agreed to bring the building up to standards.
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Smith said the owner had agreed to the associated conditions -- they could not occupy
the building, as a business, without going through the building code. He said they had to abide
by this in order to use the site as a business.
Commissioner Johnson asked about the certificate of occupancy (CO).
Code Enforcement/Special Projects Director Lynn Niblock said the building was
originally permitted as an accessory building for rural home occupancy, and these were built to
the residential code. He said the property was permitted/inspected, and it was issued a CO under
those conditions. Niblock said, however, the commercial requirements were considerably
different so if the board chose to grant the rezoning there were issues (accessibility -- bathroom
facilities, etc.) that would need to be addressed to meet the minimum commercial building code
requirements. He said this had to be done before a CO could be issued to utilize the building for
that purpose. Mr. Niblock said that if the board chose to grant the rezoning request, his staff
would be happy to work with the Jones family to bring the building into compliance.
Commissioner Norman asked if the owner knew about the requirements and what needed
to occur.
Niblock said he was not sure the owners knew about everything. He said bathroom
accessibility was needed, as well as parking, plus there might be some ventilation issues (repair
garage).
Commissioner Johnson said that under the original certificate of occupancy, he
understood the owner did not have to meet the Americans with Disabilities (ADA) requirements.
Niblock said this was correct -- it was a residential accessory structure.
Johnson said that if rezoned and used as a commercial use, the owner would have to meet
ADA standards.
Niblock said the owner would have to meet the accessibility standards of the North
Carolina Building Code, which in many cases was concurrent with the ADA; however, there
were some additional ADA requirements that code officials did not enforce in North Carolina.
Chairman Williams said he understood the reason the property failed to meet the
residential accessory building guidelines was due to the original resident no longer residing at the
site.
Niblock said this was his understanding too.
OTION by Commissioner Robertson to approve the zoning map amendment and to
make a finding that, although the proposal was not consistent with the 1997 Iredell County Land
Use Plan, the approval was consistent with the adopted 2030 Horizon Plan and that said approval
was reasonable and in the public interest due to its consistency with the 2030 Horizon Plan; and
as a result, said approval furthers the goals and objectives of the 2030 Horizon Plan.
AMENDMENT TO THE MOTIO : Commissioner Johnson suggested that the motion
include a statement that the owner be required to bring the building up to the commercial
building code.
Commissioner Robertson accepted the amendment.
VOTING: Ayes — 5; Nays — 0.
Request from the Planning Department for Review and/or Approval of an Interlocal
Agreement with the Town of Harmony for Zoning Enforcement: Smith said his department
had been performing the Town of Harmony's zoning services for the past four years, and the
arrangement had worked well. He said the commissioners had been approving the agreement
every two years, but the revised agreement did not include a specified term, rather it allowed
either the county or the town to cancel at anytime.
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MOTION by Commissioner Norman to approve the interlocal agreement with the Town
of Harmony for zoning enforcement.
VOTING: Ayes — 5; Nays — 0.
Request from the NC Department of Transportation, through the Planning
Department, for Approval to Abandon Maintenance of a Portion of State Road 2779 (no
name): Planning & Development Director Smith said the Department of Transportation
(DOT) had requested approval to abandon maintenance of a portion of road located north of
Mooresville at the Hwy 21 and 115 convergence. He said a gas station was located at the site
where the small cut through road was located. Smith said the DOT had reconfigured the
intersection, and traveling through the area had improved. He said, eventually, the entire road
would be removed from the DOT "books," and the planning staff recommended approval of
the request.
Commissioner Robertson said in the past, he routinely traveled the roads, and the cut
through helped to keep northbound traffic on Statesville Highway from backing up. He asked
Smith if problems might occur by approving the request.
Smith said he had actually seen people take the cut through and then cause traffic
problems. He said once the economy improved, more changes would likely occur, and this
observation came from the Cornelius Road Study.
Robertson asked what the DOT would do with the section -- put up barriers or plow up
the cut through.
Smith said he didn't know.
Robertson asked, assuming the board approved the request, if the approval could be
undone.
Smith said the state, for right now, desired to stop maintaining the road. He said that
to take the cut through out of usage, removal from the "books" would have to occur, and this
required a public hearing.
Robertson asked if the request could be ungranted in the future, assuming the state
didn't dig the road up.
Smith said the DOT would have to make the decision, because at that point, the
county would be asking the state to take over maintenance. He said based upon this request,
the state probably wouldn't agree. Mr. Smith said he didn't know if the request was time
sensitive, but he could obtain more information from the state.
Commissioner Johnson asked if these types of requests were merely courtesies. He said
that if the state wanted to stop maintaining the road, then this would happen.
MOTION by Commissioner Robertson to table the request.
VOTING: Ayes — 5; Nays — 0.
(Mr. Smith said the request would be resubmitted on February 16, 2010.)
Request from the Planning Department to Postpone Action on the Exit 42 Roadway
Protection Overlay until February 16, 2010: Planning & Development Director Smith said
discussions had been occurring with Hwy 21/Exit 42 property owners, and the staff needed more
time to research the comments. He requested for the board to postpone any action until the
February 16 meeting.
Commissioner Robertson suggested for the staff to "let common sense prevail" in
developing the overlay to prevent the intersection from having the same problems as Exits 28
and 36.
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MOTIO by Commissioner Norman to postpone action on the Exit 42 Roadway
Protection Overlay until February 16, 2010.
VOTING: Ayes — 5; Nays — 0.
Request from the Planning Department for Approval to Pursue a Grant for the
Carolina Thread Trail (CTT) with a Contribution of $1,500 from Iredell County for the
Local Match: Planning and Development Director Smith said the board previously adopted a
resolution of support for the CTT, and later a steering committee was approved. He said the
purpose of the committee was to work toward the trail's development along with having a master
plan. Smith said the CTT was offering a $60,000 grant for the plan, and there would be a
required $6,000 match. He said local municipalities had been asked to donate, and $4,500 had
been committed leaving a balance of $1,500. Mr. Smith said the $6,000 was a nominal amount,
and the CTT felt that by having this contribution, the jurisdictions were showing a level of
support. He said the $1,500 could be taken from the planning budget (consultant's line item),
and that initially the entire $6,000 would be fronted by the county with the municipalities
reimbursing their share.
MOTION by Commissioner Robertson to allow the planning director to utilize his
budget to pay the $1,500 for the county's portion of the grant match.
MOTION by Commissioner Keadle to table the motion.
Commissioner Johnson asked the purpose in tabling the motion.
Commissioner Keadle said more time was needed to study the request and to discuss it
with the staff.
Commissioner Johnson said the board had been supportive of the CTT in the past, plus
the municipalities had committed to the grant match.
Commissioner Keadle said the board often supported matters that other entities were
paying for, but it didn't mean the Iredell County Board of Commissioners had a financial
commitment in the activities.
VOTING on Commissioner Keadle's motion: Ayes —1 (Keadle); Nays — 4.
Commissioner Keadle said that on the agenda memo, the County Manager had written,
"Based on previous support by the board, I concur with the request." Keadle asked the manager,
in his own judgment, without considering the board, but in consideration of the $5.6 million
budget deficit, would he still approve the request.
County Manager Mashburn said that if the funds were being requested in next year's
budget, it would be difficult to recommend the expenditure. He said a conversation with the
planning director had occurred about the $1,500 and other funding options were explored.
Mashburn said, however, that because of the board's past support, it was felt the money should
be found. He said the planning director had determined the $1,500 would not be needed in this
year's budget, but the situation would be different if evaluating it out of the FY 2010-11 budget.
VOTING on Commissioner Robertson's motion: Ayes - 5; Nays — 0.
Request from the Code Enforcement/Special Projects Director for Approval of a
Grant Project Ordinance for the Expenditure of up to $240,000 in United States
Department of Energy Stimulus Funds for the Lighting Upfit of Ten County Buildings
Using Iredell County Employees to Perform the Upgrades: Code Enforcement/Special
Projects Director Lynn Niblock said stimulus funding was available, and the staff desired to
upgrade the lighting in several buildings. He said $240,000 had been earmarked, and the
Department of Energy approved the project. Niblock said (1) the upgrade would probably save
the county $67,000 annually, (2) current county staff would provide the labor (3) no county
money would be needed, and (4) a project ordinance needed approval.
9
County Manager Mashburn said the inspections department workload had decreased,
and many of the employees were on temporary assignments. He said that when the current job
assignments ended, there would be no choice but to layoff employees; however, the lighting
project would allow the inspectors to continue employment.
Niblock said the Department of Energy and the School of Government had agreed that
the usage of county employees to perform the work was a proper use of the grant funds.
MOTION by Commissioner Keadle to approve the project ordinance.
VOTING: Ayes - 5; Nays - 0.
A copy of the project ordinance is as follows:
Iredell County, North Carolina
Department of Energy - Lighting Upfit Grant
Grant Project Ordinance
Be it Ordained by the Board of County Commissioners of Iredell County, North Carolina:
Section 1. Funds for this project will be provided by: Original
Department of Energy Grant $ 240,1
$ 240,000
The following costs will be paid from this grant project
Section 2. fund:
Government Center - Statesville
$ 40,765
Labor
23,395
Lighting Materials & Supplies
16,280
Contracted Services
1,090
Government Center - Annex
5,315
Labor
3,025
Lighting Materials & Supplies
2,155
Contracted Services
135
Facility Services
8,765
Labor
5,495
Lighting Materials & Supplies
3,000
Contracted Services
270
Government Center - South
25,885
Labor
5,940
Lighting Materials & Supplies
19,945
Contracted Services
-
Hall of Justice
54,810
Labor
31,660
Lighting Materials & Supplies
21,630
Contracted Services
1,520
Drug Enforcement Office
Labor
6,005
10,825
Lighting Materials & Supplies
4,545
Contracted Services
275
Crime Lab
6,610
Labor
4,140
Lighting Materials & Supplies
2,270
Contracted Services
200
EMS -Mooresville
11,390
Labor
6,755
Lighting Materials & Supplies
4,315
Contracted Services
320
Building Standards Center
5,300
Labor
1,480
Lighting Materials & Supplies
3,820
Contracted Services
-
Human Services Building
70,335
Labor
40,605
Lighting Materials & Supplies
27,685
Contracted Services
2,045
$ 240,000
Section 3. This Grant Project Fund shall continue until the project is complete.
Section 4. The County Manager is authorized to transfer funds between line items.
Section 5. Payments from this Grant Project Fund shall be authorized by the County Manager or his designee.
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Request from Code Enforcement/Special Projects & the Purchasing Agent for
Approval to Award a Contract to LIGON to Provide Energy Efficient Electrical Supplies
Provisional to the United States Department of Energy (DOE) Granting Waiver of the
"Buy American" Provision Along with Allowing the Residual Funding to be Used to
Expand the Lighting Upgrade Project & Should the Waiver not be Granted by the DOE
to Award the Project to BESCO: Purchasing Agent Lail said three bids were received for the
lighting upgrade supplies, and Ligon was the lowest bidder at $68,016.29. Lail said,
unfortunately, not all of Ligon's products met the "Buy American" grant provision of the
Americans Recovery & Reinvestment Act (ARRA). H said the provision stipulated that iron,
steel and manufactured goods used in public buildings or public works projects had to be
manufactured in the United States. Lail said only one bidder (BESCO at $89,101.79) met the
provision. He said the School of Government had considered the matter and determined that the
lighting upgrade would not be considered a construction project, rather it was a maintenance
project. Lail said that even with this determination, a waiver from the Department of Energy had
been requested. He recommended for the bid to be awarded to the low bidder and indicated the
$20,000 (difference between low bidder at $68,016 and BESCO at $89,101) could be applied
towards buying more materials and providing more work for the inspectors.
Commissioner Robertson asked why the purchasing agent accepted the bid if there was a
stipulation that the materials had to be American made.
Lail said very few ballasts were made in the United States. He said only about five
percent of them were made in the U.S., and this created a shortage. Lail said the "Buy America"
provision was why some vendors did not bid on the project.
Commissioner Robertson said there was 13% local unemployment, with 10% being
reported for the nation, which was probably closer to 16% to 18%, and taking stimulus money to
buy products made in other countries defeated the purpose. Robertson said the bidders were
asked to bid with a certain set of rules, and now the staff was recommending for the contract to
be awarded to a vendor that didn't follow the rules.
Lail said, initially, the staff felt the bid would have to be rejected. He said the only
reason the recommendation was being made to award the contract to Ligon was due to the
$20,000 in savings that would prolong the project, or increase its scope. Lail said the main intent
was to keep the staff working.
County Manager Mashburn asked Lail if he had anticipated the need for a waiver when
the bids were first sent out.
Niblock said there was a provision in ARRA stating that if American products cost 25%
more than non -American then a waiver could be requested. He said the ballasts were actually
made in Mexico, under the North American Free Trade Agreement (NAFTA), and according to
the facility services staff, they provided better service than the ones made in America.
Commissioner Keadle asked for a clarification on the matter. He said, "Did we send out
a set of rules that were uniform and ask everybody to bid under those rules? Did we consider a
bid that was not with those rules? Did someone submit a bid that was not compliant with those
rules."
Lail said uniform rules were sent according to the Department of Energy's guidelines,
and the provision included a "Buy American" stipulation. He said all of the vendors knew of the
stipulation. Lail said two vendors did not meet the complete intent of the specification as based
on the provisions. He said, however, the county could request a waiver.
Robertson said it was unfair to let vendors change the rules. He said that if the county
changed the rules, then the project needed to be re -bid under the new rules.
Keadle agreed with Mr. Robertson.
OTION by Commissioner Keadle to ask the staff to re -do the bidding process and to
require uniform bidding rules.
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rules.
Robertson said re -bidding could occur, or BESCO's bid could be accepted.
Commissioner Keadle retracted his motion.
Commissioner Johnson said it would be difficult to find American made ballasts.
Commissioner Robertson asked how long it would take the staff to re -bid with modified
Lail said the bids could be re -submitted at the first meeting in March.
Mashburn said $20,000 might be saved in re -bidding, but the money might be lost in
laying off county employees.
Commissioner Johnson said the tradeoff was to either buy American or to keep the
employees working.
Mashburn said one reason the staff recommended for the bid to be awarded to Ligon was
due to the company being in Statesville and providing local jobs.
Niblock said it was also mentioned that by awarding to a local vendor, this would
provide tax money for the county.
Commissioner Johnson asked if all the bidders were aware of the waiver process.
Lail said all bidders were aware of the "Buy American" provision and the waiver was a
part of this. He said the BESCO Company representative was the first one to advise that few
ballasts were made in America. Lail said the other bidders were aware of the waiver at the bid
opening. He said based on this, the companies knew about the waiver, plus all provisions of the
federal requirements were included in the bid package.
MOTIO by Commissioner Keadle to request for the staff to go back out for bids.
VOTING: Ayes — 3; Nays — 2 (Johnson and Norman)
(Note: The remaining bidder was Rexel at $73,092.23.)
Request from the Code Enforcement/Special Projects Director for Approval of a
Providencia USA Rail Project Ordinance: Code Enforcement/Special Projects Director
Lynn Niblock said previously Pratt Industries was approved for a rail spur at the West
Industrial Park. He said Providencia USA would locate in the same area and had requested a
rail spur off of the one used by Pratt.
OTIO by Commissioner Keadle to approve the Providencia rail project ordinance.
VOTING: Ayes — 5; Nays — 0.
Iredell County, North Carolina
Providencia USA Rail Project
CDBG Grant Project Ordinance
Be it Ordained by the Board of County Commissioners of Iredell County, North Carolina:
Section 1. Funds for this project will be provided by:
Community Development Block Grant
NC DOT Rail Access Grant
Norfolk Southern Railroad
Providencia USA
Alexander Railroad
Section 2. The following costs will be paid from this grant project fund:
Professional Services - Design
Professional Services - Other (Application & Administration)
Professional Services - Environmental
Original
$ 560,000
150,000
100,000
86,670
50,000
$ 946,670
$ 50,000
30,000
4,000
Public Rail Construction 544,350
Contingency 168,320
Other Rail Costs (Crossing Signals, lead Track Upgrade, Turn Out) 150,000
$ 946,670
Section 3. This Grant Project Fund shall continue until the project is complete.
Section 4. The County Manager is authorized to transfer funds from Contingency to other expenditure line
items with a report to the board of commissioners at its next meeting.
Section 5. Payments from this Capital Project Fund shall be authorized by the County Manager or his designee.
Request from the Tax Administration Department for Approval to Award a Sole
Source Contract to Causeway Data Communications in the Amount of $89,949.97 to
Purchase Spatialest Valuation Software: Purchasing Agent Dean Lail said the tax department
was undergoing a property valuation and specialized software had been budgeted. He said the
software would assist in assigning values faster and easier, and Causeway Data Communications
was the sole source vendor.
Commissioner Keadle asked how long the tax department would use the software.
Tax Administrator Bill Doolittle said probably the next four appraisals which would be
16 years. He said the current software had been used for 25 years, and it was antiquated.
Doolittle said Causeway was the only vendor that provided this type of software. He said some
vendors offered similar components; however, the department would have to buy an entire
package costing a million dollars. Doolittle said Causeway's software was "stand alone," and it
had four users in North Carolina.
MOTION by Commissioner Norman to approve the request.
VOTING: Ayes — 5; Nays — 0.
Request from the Recreation Department to Make an Offer on .47 Acres of
Property Adjacent to the Scotts Rosenwald Park Property Contingent Upon the Parks &
Recreation Trust Fund (PARTF) Grant Award: Deputy County Manager Jackson said the
recreation department desired to purchase a tract adjoining the proposed Scotts Rosenwald Park.
He requested permission to approach the owner to make an $8,000 offer with the money being
derived from PARTF funds.
Commissioner Johnson asked if the county would purchase the property and then be
reimbursed from the PARTF grant.
Parks and Recreation Director Robert Woody said the purchase would be contingent
upon being awarded the PARTF grant. He said the property would not be purchased until the
grant was awarded, and the department would learn in May if the application had been
successful.
Commissioner Norman asked if the PARTF grant needed matching funds.
Woody said the property would be purchased through a "bargain sale." He said the site
was valued at $20,000.00, but the owner had agreed to sell for less. Woody said the difference in
value would be the county's grant match.
Commissioner Keadle asked Mr. Woody's interpretation of "value."
Woody said the property has been appraised at $20,000 plus this was the tax value.
Jackson said a private appraiser had supplied the value. He said the owner also had a
subdivision in the area, and there would be a benefit to relinquishing the tract for neighborhood
park use. Additionally, Jackson said the site would not "perk," but a water line was in front of
the property.
MOTION by Commissioner Johnson to approve the request.
VOTING: Ayes — 5; Nays — 0.
12
Request from Administration for Approval of a Proposed Lease Agreement
Between Iredell County and the Kiwanis Club of Statesville, Inc., for the Fair Grounds:
Deputy County Manager Tracy Jackson reviewed the changes from the previous contract.
Commissioner Johnson referenced page two, item (4), of the agreement that pertained to
having alcohol on the fairgrounds. He requested that language be added stipulating that the
alcohol be only in the interior of the grounds.
Jackson said the first sentence could be modified to read: "The lessee agrees that if
alcohol is served at any event or function that a predetermined interior location(s) shall be set
aside for the sale and consumption of alcoholic beverages."
Mashburn said "interior" meant to the site and not inside a building.
MOTION by Commissioner Keadle to approve the lease agreement with the amendment
as presented.
VOTING: Ayes — 5; Nays — 0.
Request from Administration for the Finalization of the Winter Planning Session
Agenda on Friday, February 26 and Saturday, February 27, 2010 at the Agricultural
Resource Center, 444 Bristol Drive, Statesville, NC: County Manager Mashburn requested
approval of the Winter Planning Session agenda.
Commissioner Johnson requested that Planning & Development Director Ron Smith
attend the session to present information on abandoned mobile homes. He said several months
ago, Solid Waste Director David Lambert briefed the board about a new state statute pertaining
to the disposal of abandoned mobile homes, and money was being set aside for the purpose.
Johnson requested the staff to let the board know what authority had been given in order to
possibly adopt an ordinance for disposal of the homes. Mr. Johnson said he wasn't referring to
the mobile homes being used for agricultural purposes.
MOTION by Commissioner Norman to approve the February 26 and 27 agenda with the
addition by Commissioner Johnson.
VOTING: Ayes — 5; Nays — 0.
Request for Approval of the January 19 & 21, 2010 Minutes: MOTION by
Commissioner Keadle to approve the January 19, 2010 minutes and to table approval of the
January 21, 2010 minutes. Mr. Keadle said the Town of Mooresville also had minutes from
the January 21 joint meeting, and before the county's version was approved, he desired to view
the town's minutes.
Chairman Williams requested for the county manager obtain a copy of Mooresville's
minutes.
Mr. Mashburn said the room in Mooresville, where the January 21 meeting took place,
was not the most conducive for the recording of minutes. He said many parts of the tape were
not audible.
Request from the Tax Administration Department for Extension of the 2010 Tax
Listing Period to February 3, 2010: Tax Administrator Bill Doolittle said the last day for tax
listing was January 31, 2010, but this was on a Sunday. He said the last day then fell on the next
Monday; however, the county offices were closed due to inclement weather. Doolittle
recommended that an extension be granted to February 3 to prevent the citizens from having a
penalty.
OTION by Commissioner Norman to approve the tax listing extension to
February 3, 2010.
VOTING: Ayes — 5; Nays — 0.
13
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Adult Care Home Community Advisory Committee (2 announcements)
Nursing Home Advisory Committee (I announcement)
Animal Grievance Committee (1 announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Criminal Justice Partnership Program Committee (1 appointment): Commissioner
Johnson nominated David Crosby.
MOTTO by Chairman Williams to close the nominations and to appoint Crosby by
acclamation.
VOTING: Ayes — 5; Nays — 0.
Nursing Home Advisory Committee (1 appointment): MOTION by Commissioner
Norman to table this appointment.
VOTING: Ayes — 5; Nays — 0.
Adult Care Home Community Advisory Committee (2 appointments):
Commissioner Robertson nominated Jean Enyeart and Lynda Harmon.
MOTTO by Chairman Williams to close the nominations and appoint Enyeart and
Harmon by acclamation.
VOTING: Ayes — 5; Nays — 0.
UNFINISHED BUSINESS: Commissioner Robertson said he recently had received
several e-mails about the new Animal Shelter, as well as animal euthanasia. He said no one
wanted the animals that were being euthanized, plus it was expensive for the county to shelter
them. Robertson said that in respect to the new shelter, the present facility had been marginally
compliant with health and safety standards not only for the animals but for the employees as
well. He said the decision to build the new shelter occurred long before the economic downturn
began. Robertson said the bids came in under the anticipated cost and this would benefit the
taxpayers. He said that in regards to the HVAC system, that utilized some geothermal
technology, this occurred from a federal grant specifically designed for that purpose, and no
county funds were used. Robertson said the board had been "thrifty," and just because there was
an economic downturn, everything in county government didn't stop. Robertson said, "I don't
want the public to think that here we are struggling with having to keep employees, or letting
them go, yet we're building new buildings for stray dogs. That's not the case at all."
Chairman Williams said many of the e-mails came from people out-of-state, and there
was a national campaign to contact all commissioners -- not just the ones in Iredell County.
COUNTY MANAGER'S REPORT: County Manager Mashburn said a written activity
report had been distributed. He noted that due to inclement weather, the county offices were
closed on Monday, February I't, and the employees took a furlough day. Mashburn said a
furlough day was originally planned for February 15; however, February 1 would be used
instead. He said it was anticipated that one more furlough day would occur during this fiscal
year.
CLOSED SESSION: MOTION by Commissioner Robertson, pursuant to Economic
Development - G.S. 143-318.11 (a) (4) and Personnel — G.S. 143-318.11 (a) (6), to enter into
closed session.
VOTING: Ayes — 5; Nays — 0.
OTION by Chairman Williams to return to Open Session.
VOTING: Ayes — 5; Nays — 0.
14
CALL FOR A PUBLIC HEARING: OTIO by Commissioner Robertson to call
for a public hearing on February 16, 2010, at 7:00 P.M., regarding an economic development
incentive of $43,736.00, over a five-year period, for an undisclosed company based on a $3
million investment in Iredell County.
VOTING: Ayes — 4; Nays — 1 (Keadle).
ADJOURNMENT: OTIO by Commissioner Norman to adjourn the meeting at 9:55
P.M. (NEXT MEETING: Tuesday, February 16, 2010, in the Iredell County Government
Center, 200 South Center Street, Statesville, NC)
VOTING: Ayes — 5; Nays — 0.
Approval:
15
Clerk to the Board