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HomeMy WebLinkAboutJuly_13_2010_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES JULY 13, 2010 The Iredell County Board of Commissioners met in Regular Session on Tuesday, July 13, 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 Absent: Ken Robertson Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy County Manager Tracy Jackson, Finance Director Susan Blumenstein, Planning Director Ron Smith, Elections Director Becky Galliher, Cooperative Extension Director Ken Vaughn, Emergency Management Director David Martin, Code Enforcement Director Lynn Niblock, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Norman INVOCATION by Commissioner Johnson PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: MOTION by Commissioner Keadle to approve the following agenda adjustments. Additions: *Request from the Greater Statesville Development Corporation for Permission to Use 7.5 Centralina Council of Governments Membership Hours for Updates to the Iredell County Profile Report *Appointment of Two Commissioners to Meet with Members of the Mooresville Town Board in Regards to Funding for the Mooresville Transfer Station VOTING: Ayes — 4; Nays — 0. ADMINISTRATIVE MATTERS Request for the Appointment of a Voting Delegate for the Annual Conference of the North Carolina Association of County Commissioners: MOTION by Commissioner Johnson to appoint Chairman Marvin Norman as the voting delegate for the NCACC conference in August 2010. VOTING: Ayes — 4; Nays — 0. Request from the Board of Elections for Permission to Apply for a HAVA Grant for 2010 General Election One Stop Voting Sites: Elections Director Becky Galliher requested permission to apply for $23,675 in grant funds to assist at three one-stop sites for the November election. She said the funds would pay for salaries, over time, and taxes. funds. MOTION by Commissioner Keadle to allow the elections director to apply for the grant VOTING: Ayes — 4; Nays — 0. Request for Approval of Budget Amendment #1 to Appropriate Lottery Funds to the Iredell-Statesville Schools: Finance Director Susan Blumenstein said the State Department of Public Instruction had approved the $430,000 lottery fund application for the Career Technical Center. She said a budget amendment was needed to recognize the revenue and to appropriate the funds to the Iredell Statesville Schools. OTIO by Commissioner Johnson to approve Budget Amendment # 1. VOTNG: Ayes — 4; Nays — 0. BA#1 711312010 To transfer funds from Contracted Serviees To recognize proceeds of Lottery Proceeds and appropriate to Iredell-Statesville Schools for the Career Tech Center - Phase 11 Interior Renovations BA#2 Account# June 2011. Current Chane Amended 104700 457101 105700 560004 General Fund Lottery Proceeds - ISS ISS - Lottery Projects Accourd# (430,000) (430,000) 430,000 430,000 Request for Approval of Budget Amendment #2 to Transfer Funds for the Employment of a Summer Intern for the Cooperative Extension Program: Cooperative Extension Director Ken Vaughn requested a budget amendment to transfer encumbered funds (FY 10 budget) of $3,600 for a summer intern. He said the funds had been itemized as contracted services; however, they needed to be transferred to part-time salaries and FICA. MOTION by Commissioner Keadle to approve Budget Amendment #2. Request from Emergency Management for Approval to Apply for Funding to Conduct a Full -Scale Exercise at the Statesville Regional Airport: Emergency Management Director David Martin requested permission to apply for $10,500 from the North Carolina Emergency Management Office for a full scale emergency response exercise at the Statesville Airport. He said that at the conclusion of the exercise, written response plans would be developed for different aircraft incidents. MOTION by Commissioner Johnson to approve the request to apply for exercise funding. VOTING: Ayes — 4; Nays — 0. Request for Approval to Contract with Mr. Bob Barton to Operate a Food Vending Stand at the Hall of Justice: Deputy County Manager Tracy Jackson said Bob Barton desired to sell food items at the Hall of Justice. He said an agreement had been drafted and reviewed by the county attorney, the finance director, the purchasing agent, and the insurance specialist. 2 To transfer funds from Contracted Serviees - Other to Pad time Salaries to cover costs of BA#2 summer intern for the months of July and August 2010 and June 2011. 711312010 Accourd# Current: change Amended neral Fund 105575 5375.08 Contracted Services - Other 3,600 (3,600) 105575 5100.03 Salaries - Part-time 1,500 3,345 4,845 105575 5125.01 FICA 12,065 255 12,320 Request from Emergency Management for Approval to Apply for Funding to Conduct a Full -Scale Exercise at the Statesville Regional Airport: Emergency Management Director David Martin requested permission to apply for $10,500 from the North Carolina Emergency Management Office for a full scale emergency response exercise at the Statesville Airport. He said that at the conclusion of the exercise, written response plans would be developed for different aircraft incidents. MOTION by Commissioner Johnson to approve the request to apply for exercise funding. VOTING: Ayes — 4; Nays — 0. Request for Approval to Contract with Mr. Bob Barton to Operate a Food Vending Stand at the Hall of Justice: Deputy County Manager Tracy Jackson said Bob Barton desired to sell food items at the Hall of Justice. He said an agreement had been drafted and reviewed by the county attorney, the finance director, the purchasing agent, and the insurance specialist. 2 Jackson said the vendor would pay the county a monthly fee to operate the outdoor vending stand. He said currently the vendor did not have the appropriate licenses and insurance to sell the food, but once these documents were obtained the business could open. Chairman Norman asked if the health department would regulate the business. Jackson said yes, plus there might be city requirements. Commissioner Mitchell asked what would happen if another vendor wanted to compete. Jackson said the arrangement with Mr. Barton would not be an exclusive franchise. Commissioner Johnson asked if either party could terminate the agreement. Jackson said yes. County Manager Mashburn said Mr. Jackson had talked to several Hall of Justice officials about the request, and all of the responses were positive. Commissioner Johnson said the agreement was for multi -years. He said capital improvements would eventually have to be made on the property, and there needed to be an understanding that the food stand might have to be situated somewhere else. Johnson said a mutually agreed upon site would have to be found. Jackson said this was a good point, and the agreement did include language pertaining to the distance from the building and the sidewalks. MOTION by Commissioner Johnson to approve the agreement subject to a mutually selected site. VOTING: Ayes — 4; Nays — 0. Request to Make Rankin Hill Road an NCDOT Paving Priority: Planning Director Ron Smith said the America's Park project was planned for south Iredell and there would be many positive benefits. He said, however, road access would be a problem due to Rankin Hill being unpaved for about seven tenths of a mile. Smith said currently, the road was listed as number 82 or 83 on the state's secondary road paving program, and he suggested that a request be made to move Rankin Hill to a top position on the priority list. He said a letter and a resolution had been drafted to assist in the request. Smith said Mooresville -South Iredell Economic Developer Russ Rogerson was at the meeting if there were questions about the project. Commissioner Mitchell said there were many county residents living on dirt roads who had been waiting for long periods of time to get their roadways paved. He asked if there wasn't some other route or process in getting the road paved without delaying the work on the other 82 or 83 roads on the list ahead of Rankin Hill. Smith acknowledged there might be another route, but that probably the Transportation Improvement Program (TIP) could not be used. Commissioner Mitchell asked if there was an estimated paving cost. Smith said this was unknown. Commissioner Johnson asked if the Department of Transportation had the sole authority in the paving priority list. Smith said yes. Commissioner Keadle asked what projects were on the priority list. 3 Smith said the information could be obtained. He said the local Department of Transportation representative might locate discretionary funding that could pave the road without altering the priority list. Smith said, however, the state officials had recommended that the commissioners first make a request to the local transportation division before approaching the State Board of Transportation. Commissioner Mitchell said in the past there was a program where the property owners raised one-half of the paving money and the state funded the remainder. He asked if this type of program had been researched. Mr. Mitchell said he was having problems with the request in that this roadway would be improved before the roads in other areas of the county where residents had been waiting for decades. He said there needed to be another way to pave Rankin Hill. Smith said America's Park was in its "infancy," and a traffic impact analysis would probably be required. He said the developer then might have to make some improvements. Commissioner Johnson asked if the board was on a tight timeframe with the request. Smith said he didn't think the request was tied to a specific fiscal year. Commissioner Johnson said previously Rubbermaid Industries needed a roadway paved for hanger access at the Statesville Airport, and money that had been set aside for economic development from the Aviation wing of the NC Department of Transportation was used. He said this money was used for the roadway improvements, and there might be other types of funding sources that would not alter the secondary road priority list. Johnson asked if the request couldn't be pursued in this manner through a letter from Chairman Norman to Judge Collier and the State DOT Board. He said if this didn't work out, then the board could re -review the request. Mitchell said the State Department of Commerce had funds for economic development, and the America's Park project would certainly have many positive effects on the county. He said many county residents were living on dirt roads; however, and they had anxiously been waiting on their road improvements. Economic Development Russ Rogerson said a letter of support asking for the road paving would be appreciated as a first step. Commissioner Keadle said the America's Park map indicated that the project, to a large extent, would be bounded by Rankin Hill Road on two sides. He said the improvement would be almost an extension of the property. Smith said this was correct. He said there would be associated development, but it would mostly be for the septic fields. Keadle said then, the roadway would basically be for the project. Smith said yes. He said Rankin Hill had never been a good cut -through due to being a graveled road, but it was a primary access for the park site. Mr. Smith said a letter from the county expressing the need for the roadway improvements would be of assistance. MOTTO by Commissioner Johnson to direct the clerk to craft a letter for the Chairman's signature requesting that Judge Collier present the request to the State Department of Transportation Board asking for funds from economic development for the paving of the unimproved portion of Rankin Hill Road. VOTING: Ayes — 4; Nays - 0. REQUEST FOR APPROVAL OF A LEAD TRACK AGREEMENT WITH THE ALEXANDER RAILROAD COMPANY IN CONJUNCTION WITH THE PROVIDENCIA USA PROJECT: Attorney Bill Pope said previously the county entered into a rail agreement that extended a track from the Alexander Rail main line onto the Pratt Industries site. He said the chairman now needed to sign a similar document (Lead Track Agreement) to extend the line to the Providencia, Inc., property. 4 Commissioner Johnson asked if the agreement obligated the county to any rail spur maintenance. Pope said during the construction period until the project was completed, the county would be responsible. He said there had to be warning devices where the rail crossed the Deer Ridge Road, but the Department of Transportation would pay for these. Pope said the county was responsible until the project was completed, which should be within two or three months, and then it would be assumed by the Department of Transportation. MOTION by Commissioner Johnson to approve and authorize the Chairman to sign the agreement. VOTING: Ayes — 4; Nays — 0. Request to Award the Providencia USA Rail Spur Project to GL Wilson: Code Enforcement Director Lynn Niblock said five bids were received for Providencia's rail spur that would extend off of the Pratt Industries' line at the West Industrial Park. He said one bid was disqualified due to being incomplete and another was eliminated due to the company not having the proper North Carolina licensing. Niblock recommended for (1) the bid to be awarded to GL Wilson, the lowest qualified bidder in the amount of $674,900 pending final approval by the NC Department of Transportation — Rail Division, and (2) the release of funds from the Department of Commerce. Niblock said verbal approval had already been given by the state rail office. A copy of the bid results is as follows: CERTIFIED PID TAPOIATlON • SINGLE PRIME Sets- 3 AN➢AEEK3IAA[STb15: HTATS' GFAIi%d AY, L�® V � pA1G_ JeYl]Y13 WYNFASfSTMArt: ii1W'A cxiYe rpv✓, w� e Providencia USA Rail Spur A arent Low Contractor I License #k8reak40b#JP'I Breakout,#('2f,Total Baso Sid fAlteirnate#1 Total with 'Alternate" 1. +queen eity­:-.; =13202 $474,829126, $134,360;44 '$609:1'68.70= _ ,im ro eCLieenseClasslficstion , ' $1,?'r974,tl0 `§624,1G4jfi0 1 2 3 GL Wilson_ Bullock Const RU Hartison 1534 57206 58758 $489,]53.00 $475,000 00 $624,850:00 $185,237,001__$074,00.001 $222,000.00 $597 000.00. $1-03;395.00 $766;345:00 S5,000,001 $30,000.00 $16,000,001 MEN lill $784,345.00 Hinkle Cont. 17828 `'.$429;874.04 $147,b71.42 $576,945.46 Incom Iete'Submittal $9;598,25' - •$588;543,71 r�.., v; � m 5 �. ,• ;.°I B}pako0t!2,KC(o sirs '&+Rauej ientlW.Oi'.iCaN ,R locat'ei200..of WOteril;ihe �. , d^ Alternate 1:: Install'Geo-tcc Fabtia"fer Stabilization 7/112010 = - _ x tttttratttttr.� IIIIIIIIII®®�rl�©�©���� e e�� �IIIIIIIIsi�l0oe® �IIIIIIIIII®�0©p®© �=�® = m �� Em AN➢AEEK3IAA[STb15: HTATS' GFAIi%d AY, L�® V � pA1G_ JeYl]Y13 WYNFASfSTMArt: ii1W'A cxiYe rpv✓, w� e Providencia USA Rail Spur A arent Low Contractor I License #k8reak40b#JP'I Breakout,#('2f,Total Baso Sid fAlteirnate#1 Total with 'Alternate" 1. +queen eity­:-.; =13202 $474,829126, $134,360;44 '$609:1'68.70= _ ,im ro eCLieenseClasslficstion , ' $1,?'r974,tl0 `§624,1G4jfi0 1 2 3 GL Wilson_ Bullock Const RU Hartison 1534 57206 58758 $489,]53.00 $475,000 00 $624,850:00 $185,237,001__$074,00.001 $222,000.00 $597 000.00. $1-03;395.00 $766;345:00 S5,000,001 $30,000.00 $16,000,001 $679,990.00 $727,000.01) $784,345.00 Hinkle Cont. 17828 `'.$429;874.04 $147,b71.42 $576,945.46 Incom Iete'Submittal $9;598,25' - •$588;543,71 r�.., v; � m 5 �. ,• ;.°I B}pako0t!2,KC(o sirs '&+Rauej ientlW.Oi'.iCaN ,R locat'ei200..of WOteril;ihe �. , d^ Alternate 1:: Install'Geo-tcc Fabtia"fer Stabilization 7/112010 = - _ x Commissioner Johnson said it was understood that Hinkle Construction submitted the lowest bid; however, this company was rejected due to not submitting some necessary documents. Niblock said this was correct, the Hinkle Company did not return a full bid package. He said Queen City Rail, located in Tennessee, had a rail specialty license that allowed the company 5 to work in North Carolina; however, it did not allow utility or storm drainage work, both of which were necessary for the Providencia spur. OTIO by Commissioner Johnson to award the contract to GL Wilson in the amount of $674,900. VOTING: Ayes — 4; Nays — 0. Request for a Public Hearing for the Expansion of the East Alexander Fire District: Deputy County Manager Tracy Jackson said representatives from the East Alexander VFD were in attendance at the meeting in regards to a proposed expansion of the department's six -mile district. Jackson said the VFD was requesting a public hearing on August 3, 2010, at 7:00 p.m., to consider adding the Riverwalk Development and the Bolick Road community into East Alexander's district. He said the county's tax office had verified a petition that contained signatures from over two-thirds of the affected property owners. In addition, he said the West Iredell VFD, the department currently serving the residents, had sent a letter stating there was no opposition to the expansion. MOTION by Commissioner Mitchell to grant the public hearing as requested. VOTING: Ayes — 4; Nays — 0. Request for Approval of the June 15, 2010 Minutes: MOTION by Commissioner Keadle to approve the minutes as presented. VOTING: Ayes — 4; Nays — 0. Request from the Greater Statesville Development Corporation for Permission to Use 7.5 Centralina Council of Governments Membership Hours for Updates to the Iredell County Profile Report: County Manager Mashburn said the Greater Statesville Development Corporation (GSDC) was requesting to use 7.5 Centralina COG membership hours for a community profile. He said the profile was updated periodically, and the GSDC used the information when recruiting industries and businesses. Mashburn said the City of Statesville was also devoting 7.5 membership hours. He said the GSDC would pay $1,404 to Centralina; however, without the membership hours, the cost would be $2,658. MOTIO by Commissioner Johnson to approve the request. VOTING: Ayes — 4; Nays — 0. Appointment of Two County Commissioners to Meet with Members of the Mooresville Town Board in Regards to Funding for the Mooresville Transfer Station: County Manager Joel Mashburn said a letter was received from the Town of Mooresville advising that two of the town's commissioners had been appointed to meet with county officials to discuss funding for the Mooresville Transfer Station. He said a funding formula had been in existence since the station was built (1996 or 1997) where Mooresville paid 30% of the operating costs. (Mooresville also paid 30% of the station's initial construction.) Mr. Mashburn said the Mooresville officials now felt the formula no longer met the current usage, and it served more non -town residents. He said a joint meeting had been proposed with two town officials and two county commissioners. Commissioner Mitchell and Commission Johnson volunteered. Commissioner Johnson asked that the county staff first provide a briefing on the transfer station's history or the funding formula prior to any meetings. OTION by Commissioner Keadle to appoint Mr. Mitchell and Mr. Johnson as the county's representatives to meet with the Mooresville officials. VOTING: Ayes — 4; Nays — 0. 6 ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS (none) APPOINTMENTS TO BOARDS & COMMISSIONS Iredell County Planning Board (4 appointments): Commissioner Mitchell nominated Jackie Grigg, Jeff McNeely, Harold Pruitt, and Harry Tsumas. No other nominations were submitted, and Chairman Norman made a �notionl to appoint Grigg, McNeely, Pruitt and Tsumas. VOTING: Ayes — 4; Nays — 0. COUNTY MANAGER'S REPORT Appointment of an Acting County Manager: Mr. Mashburn said that due to his vacation plans, a request was being made to appoint Deputy County Manager Tracy Jackson as the Acting County Manager from July 13, 2010 — July 31, 2010. OTION by Commissioner Keadle to approve the appointment of Deputy County Manager Tracy Jackson as the Acting County Manager for the specified time period. VOTING: Ayes — 4; Nays — 0. Salary for the New Social Services Director: Mashburn said the Social Services Board was currently recruiting for a new director and would soon start interviewing. He said the state statutes gave the responsibility to the Social Services Board to select the director; however, G.S. 108A-13 stipulated that each county board of social services, with the approval of the board of county commissioners, would determine the salary in accordance with the classification plan from the State Personnel Commission. Mashburn suggested that a joint meeting of both boards be held to discuss the salary. Commissioner Keadle said it appeared the statutes allowed the commissioners to either approve or disapprove the salary. He said this made it look like applicants could be blocked by not approving a salary. Attorney Pope said this was substantially correct. Keadle said that due to the board members basically having veto power that an active part in the recruitment process should occur early in the process. Commissioner Johnson mentioned that perhaps a joint meeting could be held at five o'clock, or prior to the next meeting on August 3. County Manager Mashburn said the staff would work on a joint meeting. Update on New Animal Shelter: Mashburn said that in regards to the new animal shelter, dirt had to be excavated, but fortunately, replacement soil was located on-site. He said construction was on schedule with completion estimated to be by Christmas. CLOSED SESSION: MOTION by Chairman Norman at 8:05 P.M., to enter into closed session pursuant to G.S. 143-318.11 (a) (3) - Legal and G.S. 143-318.11 (a) (4) - Economic Development. VOTING: Ayes — 4; Nays — 0. (RETURN TO OPEN SESSION AT 8:15 P.M.) (Note: Only one closed session was needed, and it was for a discussion regarding economic development.) ADJOURNMENT: The meeting adjourned at 8:15 p.m. (Next regularly scheduled meeting is August 3, 2010 in the Iredell County Government Center, 200 South Center Street, Statesville, NC) Approval: Clerk to the Board 7