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HomeMy WebLinkAboutJune_1_2010_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES JUNE 1, 2010 The Iredell County Board of Commissioners met in Regular Session on Tuesday, June 1, 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, 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 Johnson to approve the following agenda adjustments. Addition: • Presentation of an "Old North State" Award to Ken Vaughn, Cooperative Extension Director Deletion: • Request for Approval of a Professional Services Engineering Agreement with Municipal Engineering Services for all Needed Requirements Associated with Obtaining a Permit from the NC Department of Environment & Natural Resources to Construct Phase V of the Municipal Solid Waste Landfill VOTING: Ayes — 5; Nays — 0. PRESENTATION OF SPECIAL RECOGNITIONS AND AWARDS Presentation of a Proclamation Extending Thanks & Congratulations to Habitat for Humanity of Iredell County on the 25`h Year of Service: Commissioner Johnson presented the following proclamation to Habitat Executive Director Scott Loudermilt and Board President Mary Beth Harbin. EXTENDING THANKS & CONGRATULATIONS TO HABITAT FOR HUMANITY OF IREDELL COUNTY WHEREAS, Habitat for Humanity of Iredell County is a non-profit, faith -based agency with a mission to alleviate poverty and substandard housing in our community by constructing and renovating homes in partnership with working families and volunteers; and WHEREAS, Habitat for Humanity of Iredell County advocates on behalf of those in need of simple, decent, and affordable housing and seeks to promote transformational and sustainable community development; and WHEREAS, Habitat homes are sold to the partner families using a zero -interest mortgage, and homeowners then pay back the loan over time which creates capital for which to build more homes; and WHEREAS, Habitat for Humanity of Iredell County engages the community by using thousands of volunteer hours per year; and WHEREAS, Habitat for Humanity of Iredell County makes a significant economic and social impact on the community by constructing and renovating homes so that families spend less money on housing and more on education, health care, and improving their quality of life; and WHEREAS, Habitat for Humanity promotes dignity through full partnership with Habitat homeowners and future home partners; and WHEREAS, Habitat for Humanity of Iredell County was founded in 1985, and since that time 61 homes have been built and dedicated in the community, and 26 homes have been repaired. NOW, THEREFORE BE IT RESOLVED, that the Iredell County Board of Commissioners hereby issues this Proclamation of Thanks to Habitat for Humanity and extends congratulations on the organization's 25n' year of service in Iredell County. BOY SCOUT RECOGNITION: Troop 171 Scout Will O'Toole was welcomed to the meeting. O'Toole was attending the meeting due to requirements for the Citizenship in the Community Merit Badge. PRESENTATION OF AN AWARD TO KEN VAUGHN: Commissioner Johnson presented Cooperative Extension Director Ken Vaughn with an "Old North State" Award that was issued by the Office of the Governor. Johnson said recipients of the award had a proven record of exemplary service and commitment to the state and community. He said that due to Vaughn's work in Iredell County since 1975, there was a strong agricultural community. Johnson said Vaughn also had a strong commitment to the county's youth, especially the 4-H Program. Bertie Vaughn, wife of Mr. Vaughn, along with Janie Mashburn, wife of County Manager Joel Mashburn, and a friend of the Vaughn family, attended the meeting for the award presentation. APPOINTMENT BEFORE THE BOARD Anna Rice, Executive Director of the Council on Aging Presented the Home and Community Care Block Grant Committee's Funding Plan for FY -11: Mrs. Rice said the FY 11 Older Americans Act's funding had increased by 2.5%. She said Iredell's 60+ population continued to grow and numbered 28,000. Rice said the HCCBG Committee recently met and proposed a funding plan that would require a 10% local match from the county. She said the local match brought back $9.00 for every $1.00 contributed. MOTIO by Commissioner Mitchell to approve the FY I 1 HCCBG funding plan as presented. VOTING: Ayes — 5; Nays — 0. HCCBG County Funding Plan Services Other Block Grant Funding Required Net USDA Total Projected Projected Projected Projected Local Service Subsidy FundingHCCBG Reim. HCCBG 'total Match Cost Units Rate Clients Units Access In- Other Total Home Transportation 193084 // 21454 214538 0 214538 19634 10.9269 200 20000 250 Adult Day 59022 // 6558 65580 0 65580 1820 36.033 15 1876 Care 030 In-Home041 116438 // 12938 129376 0 129376 5412 23.9054 75 5600 In -Home // 13336 133359 0 133359 5060 26.3541 50 5250 120023 Respite236 Congregate 132310 // 14701 147011 12500 159511 18711 7.8569 180 20999 180 Home 145576 I/ 16175 161751 18000 179751 23068 7.0119 225 28749 Delivered Meals 020 Senior Center 15609 // 1734 17343 0 17343 0 0 2000 0 Operation 170 Total 193084 295483 293495 782062 86896 868958 30500 899458 73705 0 2745 82474 2 PUBLIC HEARINGS Chairman Norman declared the meeting to be in a public hearing Consideration of an Economic Development Incentive for BestSweet, Inc: Economic Developer Rob Carney said BestSweet was a candy confectionery manufacturer in Mooresville. He said the company had been headquartered in Mooresville since 1988, and (1) employed 263 full-time employees (2) the average salary was 20% higher than Iredell County's average wage (3) a new 135,000 sq. ft. warehouse distribution facility was proposed for consolidation purposes (4) the expansion would entail $6.8 million for the new facility and $2 million in new machinery for a total of $8.8 million (5) the investment would bring a tax impact of $218,000 over a ten-year period. Carney requested an incentive between $115,241 to $150,197.00, over a five-year period, based on an investment between $6.8 million to $8.8 million. No one else desired to speak, and Chairman Norman adjourned the hearing. MOTIO by Commissioner Robertson to provide an economic development incentive ranging from $115,241 to $150,197 (over a five-year period), based on an investment between $6.8 million and $8.8 million. VOTING: Ayes — 4; Nays — I (Keadle) Chairman Norman declared the meeting to be in a public hearing. Consideration of Public Comments Regarding the FY 10-11 Iredell County Budget: The following individuals spoke: SCAN: Ronny Crisco (Chairman of the SCAN Board) said $4,850 in funding was recommended for the SCAN organization while a $50,000 request was submitted. He said the agency would have a $50,000 shortfall in the upcoming year, and this was the basis for the request. Iredell Arts Council: Dusty Rhodes (Executive Director of the Council), said a $6,000 request had been submitted; however, no funding was recommended. Rhodes said the council had a "thread bare" budget and relied on donations. He expressed appreciation for allowing the council to use the old jail facility as an office. Greater Statesville Development Corporation (GSDC): Mike Smith, the GSDC Director, said the agency requested $119,050 in funding while only $115,480 was recommended. He requested full funding. Mooresville -South Iredell Development Corporation (M-SIDC): Russ Rogerson, the M- SICDC Director, said it was understood the county was facing difficult budget times. He thanked the board members for their support of economic development. (The same amount of FY 10-11 funding provided to the GSDC was recommended for the M-SIDC.) Information & Referral (I&R): Erskine Smith, the I&R Board Chairman, said the agency was a by-product of an Iredell County strategic plan developed in the late 1980s. He said the United Way agency and Iredell County received a planning grant to create the I&R which was funded by the county, the municipalities, and the local United Way. Smith distributed letters of support for the agency. (I & R requested $29,000 for FY 11, and the staff reduced this by three percent. The board totally eliminated any monetary support for the agency on May 20, 2010.) Avalon Farms: Frank Lawson said Avalon Farms was a 49 -acre retreat that mainly served at - risk children. He said horses were used as an aid in providing therapeutic services to the children. Lawson said the agency requested $6,500; however, no funding was recommended. Owner Kimberly Clark said Avalon started as a 501 (c) (3) agency about four years ago, and it was an off -shoot of a similar program in Charlotte. Paul Klaene: Mr. Klaene, an Iredell County resident, spoke on behalf of the students and citizens of the county. He said the students needed adequate facilities, qualified teachers, materials and technology; however, the Iredell-Statesville School System should be held accountable for the funding. Klaene said the system's administrators were doing well in regards to the number of them and their pay. He said a study was conducted a year ago that showed I -SS had 59% more central office administrators 3 with 29% fewer students than Buncombe County Schools. Klaene said the I -SS "instructional facilitators" should be moved back into the classrooms to replace retiring and resigning teachers to save money. No one else desired to speak, and Chairman Norman adjourned the hearing. ADMINISTRATIVE MATTERS --------------------------------------------------CONSENT AGENDA ------------------------------------------------- MOTION by Commissioner Johnson to approve the following 17 consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. Request from the Iredell-Statesville Schools (I -SS) for Consent to Submit an Application for Additional Qualified School Construction Bonds (QSCB) for Cool Spring Elementary: County Manager Joel Mashburn said the I -SS board of education approved a resolution to apply for $4,386,854 in additional QSCB funding for Cool Spring Elementary. He said approval from the commissioners did not commit to the project. (The resolution indicated the school system could use existent funding sources to pay the debt retirement.) 2. Request from the Iredell-Statesville Schools Regarding the Right of First Refusal for the Ebenezer Elementary School Property: County Manager Joel Mashburn said the I -SS system desired to sell the vacant Ebenezer School property, and state law required for first refusal rights to be offered to local governing units before properties were placed on the market. Mashburn said the staff had toured the site for county uses, but there were no funds to retrofit the buildings due to the economic situation. (I -SS will be allowed to sell the property as requested.) 3. Request from the Iredell-Statesville Schools for Consent to Apply for Lottery Funding to Continue the Career Academy & Technical School: County Manager Joel Mashburn said the I -SS system wanted to apply for $430,000 in lottery funds to be used on the Career Academy/Technical School located on Old Mountain Road in Troutman, NC. 4. Call for a Public Hearing on June 15, 2010 for a Proposed Federal Transit Administration Job Access & Reverse Commute (JARC) Grant to be Submitted through the North Carolina Department of Transportation: County Manager Joel Mashburn said Transportation Director Ben Garrison was requesting a public hearing on June 15 to receive public comments regarding a continuation grant (JARC). He said the grant funding of $173,915 (federal funds of $86,957 and local funding of $86,957) would extend from July 1, 2010 through June 30, 2012. Mashburn said the local match would be derived from ridership fares. 5. Request for the Reappointments of Linda Morrow, Ann Gray Ray, and Shannon Lester as Deputy Tax Collectors with Three -Year Terms and the Appointment of Kelly Campbell as a Deputy Tax Collector with a One -Year Term: County Manager Joel Mashburn said Tax Collector Bill Furches recommended appointments of the following individuals as deputy collectors. 6. Request for Approval of Budget Amendment #71 for the Appropriation of Additional Funds ($2,138) to the Criminal Justice Partnership Program (CJPP): Finance Director Susan Blumenstein requested approval of a budget amendment to appropriate $2,138 in additional state pass- through funding to the CJPP. 4 De 3uty Tax Collectors Name Term of Office Linda Morrow July 1, 2010 -June 30, 2013 Ann Gray Ray July 1, 2010 -June 30, 2013 Shannon Lester July 1 2010 -June 30 2013 Kelly Campbell July 1, 2010 -June 30, 2011 initial term 6. Request for Approval of Budget Amendment #71 for the Appropriation of Additional Funds ($2,138) to the Criminal Justice Partnership Program (CJPP): Finance Director Susan Blumenstein requested approval of a budget amendment to appropriate $2,138 in additional state pass- through funding to the CJPP. 4 7. Request for the Adoption of an Amended Capital Project Ordinance for Mitchell Community College's Mooresville Classroom Building: Finance Director Susan Blumenstein said that in December of 2009, the commissioners approved a project ordinance for the new college classroom building in Mooresville. She said the ordinance was created similarly to past public school financings where the county had ownership of the properties being used as collateral. (With public school transactions, Iredell County can record the debt as well as the asset.) Blumenstein said it had now been discovered that state statutes prevented the county from holding this type of asset for re -conveyance to Mitchell. Blumenstein said the new project ordinance amended and reduced the county's budget by $1,856,550 as required by the state. She said the debt, however, was still backed by the property's collateral. Blumenstein said this process was different from public school financings where the property was re -conveyed back to the school system with a negotiated value. She said with colleges, the re- conveyance was made when there was no debt or costs to the college. Attorney Pope said the different accounting rules, between public schools and colleges, was due to special legislation that occurred after lobbying efforts by the community colleges. Pope said the county's accounting procedures were affected because at the time of the debt retirement, the property was passed to the college at no cost. He said this was the first college re -conveyance transaction the county had processed, and the auditors had recommended the ordinance amendment. Blumenstein said that with the community college, the county would have a debt, but no asset, or an "eroding balance sheet." A copy of the amended capital project is as follows: Iredell County, North Carolina Amended Capital Project Ordinance Mitchell Community College - Mooresville Classroom Building Be it Ordained by the Board of County Commissioners of Iredell County, North Carolina: Section 1. Funds for this Capital Project Fund will be provided from the following sources: Financing Proceeds Interest on Financing Proceeds 2008 GO Bond Proceeds Interest on 2006 and 2008 GO Bonds NC Community Colleges State Bond Fund MCC - Private Gifts Contribution from County General Fund - Reserved for MCC Contribution from Mitchell Community College Section 2. The following costs for school projects shall be paid by this fund: Professional Fees - Architect, Management, Printing Closing Costs Other Fiscal Costs General Construction Contingency Furniture, Fixtures & Equipment Reimbursements to MCC Section 3. This Capital Project Fund shall continue until the projects are complete. Original Amended Ordinance Revision Ordinance $ 2,785,000 $ 2,785,000 670,380 (339,175) 331,205 94,305 300 94,605 900,000 (900,000) - 300,000 (300,000) - 895,625 (659,720) 895,625 317,585 (317,585) - $ 5,962,895 $ (1,856,460) $ 4,106,435 $ 425,920 $ (425,920) $ - 21,600 - $ 21,600 53,240 (53,240) $ - 4,250,700 (4,250,700) $ - 659,720 (659,720) $ - 551,715 (551,715) $ - 4,084,745 5 4,084,745 $ 5,962,895 $ (1,856,550) $ 4,106,345 8. Request from the Sheriff's Department for Approval to Apply for a North Carolina Governor's Highway Safety Program (GHSP) Grant ($21,300) for Traffic Checkpoint Equipment: County Manager Mashburn said equipment from a GHSP grant would be used by law enforcement officers during state safety campaigns and at other checkpoint times. He said a local match was not needed. 9. Request from the Sheriff's Department for Approval to Apply for a North Carolina Governor's Highway Safety Program Continuation Grant ($106,023) for Two Patrol Deputy Positions Along with Equipment (Mounted Radar Sign): County Manager Mashburn said the sheriffs department was requesting permission to apply for a continuation 5 grant totaling $106,023 (seized funds of $31,806 will be used as the local match). Mashburn said this was a four-year program (15% local funding during 1" year; 30% local during 2nd year; 50% local funding during the 3`1 year, and 100% local funding during the 4th year). He said the county had received the first year of funding. Commissioner Robertson said the board had expressed reservations about some of the state/federal government seed grants where funds were provided for personnel/equipment for specified time periods, but when the external funding ended, the county was expected to bear the financial costs. He asked if the sheriffs department would be able to fulfill the entire county obligation through seized funds. Captain Phillips said this was the plan for all four years, or the remainder of the grant period. He said during the fourth year there was a "sustainability requirement," but the contract could be cancelled with a 30 -day notice. He said if cancelled, some equipment might have to be purchased at a "fair market price." Mashburn said the sheriffs department anticipated the county would proceed with the program both during and after the fourth year. He said the opt -out clause was not that clear, but it appeared that Captain Phillips' interpretation was correct. Robertson said that if the economic downtown continued, or it was the new "norm" with high unemployment and affected property valuations, it might be difficult for the county to assume the financial responsibility for the personnel in the out years when the subsidies expired. Commissioner Johnson said this type of concern existed for all county departments -- not just for the sheriff s department. 10. Request from the Sheriffs Department for Approval to Apply for a 2011 Justice Assistance Grant for the Purchase of "Investigative Technology" and to Fund the Youth Athletic Fund: County Manager Joel Mashburn said the sheriffs department was requesting permission to apply for a $25,917 grant with no local match required. 11. Request for Approval of Budget Amendment #72 to Accept a Clean Fuel Advanced Technology Grant to Convert 13 Law Enforcement Vehicles to Propane: County Manager Joel Mashburn said a $39,826 grant from the NC Solar Center/NC Department of Transportation had been received to convert 13 patrol cars to propane fuel. He said $56,726 was the total cost for the conversions, and that $16,900 would be found in federal equity sharing funds. 12. Request from the Sheriffs Department for Approval of BA #73 in the Amount of $30,000 for the Transfer of $30,000 from Commissary Revenues to Commissary Operations: County Manager Joel Mashburn said the sheriffs department desired to transfer $30,000 from commissary revenues to commissary operations. He said a $9,000 printer for the detention center would be purchased, and the remaining funds were for operating expenses. 6 13. Request for Approval of an Agreement with Municipal Engineering for the Design and Supervision Work Related to the Construction of a White Goods Facility at the Transfer Station in Mooresville, NC and to Commit $350,000 from the White Goods Fund for the Total Cost of the Structure (includes up to $50,000 for Municipal Engineering's Agreement:): County Manager Joel Mashburn said the Solid Waste Department planned to build a white goods (consumer durables such as air conditioners, refrigerators & stoves) processing facility at the transfer station in Mooresville. He said Municipal Engineering designed the white goods facility in Statesville, and a contract with this company for the design and oversight of the new facility's construction was requested. Mashburn said the facility's costs could be paid out of the North Carolina White Goods Fund, and the county made money from the recycled items. 14. Request for Approval of a Deed to Convey the old Iredell Vocational Workshop to Lifespan, Inc: County Manager Mashburn said the former vocational workshop property consisted of 14 acres of land that would be deeded to Lifespan for only public purposes. He read Exhibit A, as follows, which will be part of the deed. The above property is conveyed to the Grantee upon the express condition that the property shall only be used for a public purpose as defined herein below and shall only be owned by a non-profit agency. Public purpose shall mean a purpose. for which Iredell County may lawfully appropriate tax funds. Title will immediately and automatically revert to Iredell County without entry or action upon an attempted conveyance (1) to a.for-profit entity or (2) upon the property being used for any non-public purpose. It is the intention of the parties to create an automatic reversion upon the happening of either of the conditions recited herein. Commissioner Johnson asked Attorney Pope what would happen if Lifespan increased the value of the property by making capital improvements, and ten years from now tried to sell it to an enterprise. He asked if the property would revert to the county or would the county have to pay for the capital improvements. Pope said the property would revert to the county as an automatic reversion. He said there were different types of reversions; however, on this particular deed, this would be a "true automatic reversion." Commissioner Mitchell asked if there would be a timeframe on assuming the property's ownership if Lifespan someday vacated the site. Pope said the county would have to ascertain that the property had been abandoned. He said the county couldn't enter the site until this was determined. 15. Request for the Approval of a Three -Year Agreement ($99,320) with Blackboard - Connect for Mass Notification Services: County Manager Mashburn said this company was formerly known as Connect-CTY, and a new service agreement was needed for mass notification services. (The cost for 36 months is $99,320 or $14,790 a year.) Commissioner Johnson asked about the system's maintenance. 7 Deputy County Manager Jackson said no equipment would be located in Iredell County, rather the company would host everything on its property. He said the company would be responsible 24/7 for the upkeep and maintenance of the equipment. 16. Request for Review/Discussion Regarding the County's Health Insurance Pertaining to Abortion Coverage: County Manager Joel Mashburn said the board previously requested information regarding the county's health plan as it related to abortions. He referenced an April 19 memo sent to the board members that indicated the current health plan provided for therapeutic and elective abortions. Mashburn said, however, the following three options were available: Option #l: Cover only therapeutic abortions. Abortions as a result of rape or incest would not be allowed, nor would use of the "morning after" pill. Option #2: Cover therapeutic abortions and abortions as a result of rape or incest. The "morning after" pill would be available only for abortions as needed for therapeutic, rape or incest reasons. Option #3: Cover both therapeutic and elective abortions. The "morning after" pill would be covered in all instances. Mashburn said the recommended option was #1 to be effective July 1, 2010. Commissioner Johnson clarified that if this matter were placed on the consent agenda, that Option # 1 would be approved. Mashburn said this was correct. 17. Request for Approval of the May 5 & 11, 2010 Minutes END OF CONSENT AGENDA ------------------------------------ ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Fire Tax District Board (1 announcement) I -CARE Board of Directors (2 announcements) Carolinas Partnership (1 announcement) Mitchell Community College Board of Trustees (1 announcement) Mooresville Planning Board (ETJ) (1 announcement) Region F Aging Advisory Committee (1 announcement) Board of Social Services (1 announcement) Statesville Airport Commission (1 announcement) Troutman Planning/Zoning Board (ETJ) (1 announcement)) Iredell County Planning Board (4 announcements) APPOINTMENTS TO BOARDS & COMMISSIONS Juvenile Crime Prevention Council (7 appointments): MOTION by Commissioner Johnson to appoint Sally Dellinger, Don Earnhardt, Rudy Davis, Vicki Dame, Leigh Byers, Krista Hiatt, and Larry Green. VOTING: Ayes — 5; Nays — 0. Centralina Workforce Development Board (2 appointments): MOTION by Commissioner Keadle to appoint Carol Johnson and Todd Alexander. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (1 appointment): MOTION by Commissioner Mitchell to appoint Janet Hall. VOTING: Ayes — 5; Nays — 0. 8 UNFINISHED BUSINESS FY 10-11 Salaries & Travel Line Items for the Commissioners: MOT10N by Commissioner Keadle to continue the FY 2009-10 9% cut in the board's travel line item during FY 2010-11 and to cut 3% from the overall compensation for the commissioners. VOTING: Ayes - 1 (Keadle); Nays — 4. FY 10-11 Budget Ordinance: MOTION by Commissioner Johnson to instruct the staff to prepare the budget ordinance for the board's approval with the amendments made to date. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER'S REPORT Fairgrounds Capital Improvement Committee Update: Deputy County Manager Tracy Jackson said that in April, this committee met and agreed upon the following: • Local companies (surveyors, businesses) will be used instead of the Raleigh architectural firm. A local construction company has volunteered to develop plans for the facility. • The Kiwanis Club has volunteered to pay for the surveying. • Early cost estimate is around $40 a sq. ft. to build a 20,000 sq. ft. multi-purpose facility. • Committee will try to obtain grants for costs. • Committee will review parking options. Commissioner Johnson said an attempt would be made to obtain more parking by better space utilization. He said the intent was to design a building that would generate some cash flow for the county to be accumulated, and at some point, could be used to preclude future spending of money on the buildings. CLOSED SESSION: MOTION by Chairman Norman at 8:40 p.m., to enter into closed session pursuant to Legal — G.S. 143-318.11 (a) (3). VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 9:15 P.M.) ADJOURNMENT: MOTION to adjourn by Commissioner Johnson. VOTING: Ayes — 5; Nays — 0. (Next Meeting: Tuesday, June 15, 2010, in the Iredell County Government Center, 200 South Center Street, Statesville, NC.) Approval: 9 Clerk to the Board