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HomeMy WebLinkAboutMay_11_2010_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES MAY 11, 2010 The Iredell County Board of Commissioners met in Regular Session on Tuesday, May 11, 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, Social Services Director Don Wall, Health Director Donna Campbell, Planning Director Ron Smith, Solid Waste Director David Lambert, Captain Mike Phillips with the Sheriff's Department, Insurance Specialist Jean Harm, 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: Additions: • Presentation of an Employment Service Award to Tax Administrator Bill Doolittle • Closed Session — G.S. 143-318.11 (a) (2) for Awards and G.S. 143-318.11 (4) for Economic Development Revision: • Request for Approval of the Establishment of an Exit 42 Roadway Protection Overlay (RPO) was previously advertised as a Public Hearing, and as such, will not be discussed under the Administrative Items. VOTING: Ayes — 5; Nays — 0. PRESENTATION OF SPECIAL RECOGNITIONS AND AWARDS: Commissioner Johnson presented an employment service award to Tax Administrator Bill Doolittle for his 39 years of tax appraisal work with 7 of these being in Iredell County. Johnson said Mr. Doolittle was one of the most knowledgeable assessors in North Carolina. (Doolittle will retire on May 31, 2010.) PUBLIC HEARINGS Chairman Norman declared the meeting to be in a public hearing. Consideration of an Economic Development Incentive for Carolina Beer & Beverage, LLC: Mooresville -South Iredell Economic Developer Robby Carney said Carolina Beer and Beverage manufactured high quality beverage products and had existed in Mooresville since 1997. He said (1) the company employed 182 full-time workers (2) the company paid wages higher than the county's average and (3) a new production line was proposed that could lead to further diversification. Carney said the new investment of $4.4 million to $5 million would create a minimum of 19 jobs with a possibility of up to 36-40 in total. He said the five- year tax impact would be $80,000,182. Carney requested an incentive of $72,893.00, over five years, on a $5 million investment and $64,146.00 on a $4.4 million investment. Mike Smith, the CEO for the privately -held company, said "functional beverages," along with energy drinks, teas, and nutraceutical drinks were produced. He said the expansion would allow for a "deepening" relationship with other beverage companies and create new jobs. Smith said jobs had actually been added during the recent economic recession. No one else desired to speak, and Chairman Norman adjourned the hearing. OTION by Commissioner Robertson to grant the incentive ranging from $51,385.00 to $58,395.00, over a five-year period, based on an investment between $4.4 million to $5 million. VOTING: Ayes — 4; Nays — 1 (Keadle) (Note: The incentive amounts that were approved were used in the legal notices, and they were provided by the F,conomic Developer on April 20, 2010.) Chairman Norman declared the meeting to be in a public hearing. Consideration of an Economic Development Incentive for an Undisclosed Project: Mooresville -South Iredell Economic Developer Russ Rogerson introduced Todd Hines and Lou Presudi, both principals in the proposed America's Park LLC project, along with Ron Johnson (Chairman of the Mooresville Convention and Visitors Center and the Mooresville -South Iredell Economic Development Corporation), Mooresville Town Board Member Chris Carney, and Jeff Cemuto, a local landowner and housing developer. Rogerson said a major youth sports complex was proposed for an area in Mooresville off Rankin Hill Road. He said the complex would (1) generate 80,000+ visitors to Iredell County during a three-month period of time (2) generate 100,000 bed nights at hotels/motels in Mooresville and Statesville with excess going to Mecklenburg County (3) the visitor's direct spending was estimated at $33 million and multiplying this times 2.5 (family unit) would be $80 million, per summer, per year (4) the park's land/construction will cost $20 million (5) ten people will be employed full-time and 500+ people part-time (jobs for youth and retirees) (6) property tax impact based on the investment will generate $70,000 per year (7) sales tax is estimated at $300,000 a year or in a ten-year period at $2.8 to $3 million (8) other benefits would be national exposure to Iredell County as visitors from all 50 states will be eligible to participate/attend (9) the youth baseball complex will have a quality kid -friendly environment (10) local recreation leagues will have access to facility (11) the facility will be the northern gateway to Mooresville due to the site being on Rankin Hill Road near I-77 and Cornelius Road (12) the youth complex will not compete with NASCAR events and (13) the complex will have a "tremendous" impact on local motels/hotels, restaurants, and other retailers. Rogerson said the South-Iredell Community Development Corporation would be providing a $1 million grant to the project, and a request was being made to the county to provide an economic development incentive of $50,000 a year for ten years starting when the tax value "hits the tax rolls" estimated to be in 2013 with the park being completed in 2012. He said the Town of Mooresville had also been requested to participate in the project at the same incentive amount. Todd Hines, a resident of Mooresville, and a principal in the proposed America's Park facility said a similar complex in Cooperstown, NY housed/hosted 1,300 teams (12 -year olds) each year, and this same amount of teams were turned away each year. He said (1) the New York facility was opened in 1996 and was synonymous with the Baseball Hall of Fame (2) the facility had made a significant impact on Cooperstown which had a population of 2,200 and (3) 26 cities had been toured and studied as potential sites for the new park. Hines said teams would be required to book their hotel/motel rooms through America's Park, or the sports facility, with Statesville and Mooresville being filled up before any overflow went outside the county. Coach Lou Presutti, a resident of Salisbury, NC, and a principal in Mooresville's America's Park, along with being the founder/owner of the Cooperstown Dreams Park in New York, the largest youth baseball facility in the world, said a six to eight-year study had occurred to determine the best location for the new sports facility. He said 11 states and 26 different cities were researched, but due to Iredell County's Interstates and highway system this area was chosen. Presutti said the states having the most interest in youth baseball were California followed by Florida, New York and New Jersey. He said 14 teams from Hawaii would play in Cooperstown this year and 2 would be from Alaska. Prescutti said the Mooresville facility would have 25 baseball fields making it larger than Cooperstown (22 fields). Commissioner Robertson asked if the teams would play at night. 2 Prescutti said yes -- the fields would have lights, and they would be filtered as needed. Robertson asked about the availability of the fields to local teams. Prescutti said a "county travel league" would be created, and it would be opened up to every youth baseball organization. He said the sports complex would be used in April, May and June, and the "county leagues" could use the facility in the other months. Commissioner Mitchell asked the age groups that would play in Mooresville. Prescutti said the fastest growing age group was U-8 or under the age of 8. He said U-9, U-10, U-11, and U-13 teams would use the Mooresville facility as would girls' softball teams. No one else desired to speak, and Chairman Norman closed the hearing. MOTION by Commissioner Johnson to grant the incentive request totaling $50,000 a year, over a ten-year period, based on a $16 million investment. VOTING: Ayes — 4; Nays — I (Keadle) Chairman Norman declared the meeting to be in a public hearing. Consideration of an Amendment to the 2009 Solid Waste Plan Update: Planning Director Ron Smith said his office was previously requested to review a grant program offered by the state to eliminate abandoned manufactured homes. He said the state (Department of Environment/Natural Resources) was providing $25,000 a year to counties, or recipients of the grant, with $1,000 being the maximum amount for anyone particular home. Smith said the program would be voluntary and on a first-come, first -serve basis with the tipping fees being waived for individuals who complied with the grant stipulations. (If elimination of the home is due to a code enforcement action, tipping fees cannot be waived.) He said the program would be administered by the solid waste office, as well as the inspections and planning offices. Solid Waste Director David Lambert said the state developed the program a couple of years ago with money received from the $2 a ton tipping fee tax from the counties. He said (1) the program had been incorporated into Solid Waste Plan and (2) the mobile homes approved for the program would be uninhabited and not in a mobile home park Commissioner Keadle asked how much the program would cost the county. Lambert said it shouldn't cost the county anything other than the tipping fee waiver. He said any costs in excess of the $1,000 would be the responsibility of the property owner. Lambert said the demolition contractor would be able to retain the revenue from the recycled items which could be $400 or more. Commissioner Robertson said he assumed that when an abandoned mobile home was removed the property value increased. Smith said he had heard an increase would occur. Commissioner Johnson said he understood that any mobile homes used for agricultural purposes (storage) would be exempt. Smith said they would be exempt. Commissioner Keadle said the program was voluntary. Smith said this was correct. Renee Griffith asked how the areas in the county would be identified or targeted for the grant program. 3 Smith said the funding should assist with the removal of 25 homes. He said the program would be voluntary and on a first-come, first serve basis. Smith said homes fitting the grant criteria were located throughout the county. No one else desired to speak, and Chairman Norman adjourned the hearing. MOTIO by Commissioner Johnson to allow the staff to apply for the grant and to approve the resolution amending the Solid Waste Management Plan. VOTING: Ayes — 5; Nays — 0. A copy of the resolution and a program description are as follows: A RESOLUTION AMENDING THE IREDELL COUNTY SOLID WASTE MANAGEMENT PLAN WHEREAS, the Board of Commissioners of Iredell County adopted a Solid Waste Management Plan on June 16, 2009 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this plan was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 130A-309.09A(b); and WHEREAS, the Solid Waste Management Plan contains provisions for amending said plan and those provisions have been followed. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF IREDELL COUNTY, NORTH CAROLINA that the Solid Waste Management Plan shall is amended and updated to include provisions for an Abandoned Manufactured Home Program in correlation with G.S. 130A, Article 9, Part 2F and is placed on file with the Clerk to the Board. IREDELL COUNTY ABANDONED MANUFACTURED HOUSING PROGRAM I. PURPOSE Iredell County is initiating a program to assist citizens in the cleanup and removal of abandoned manufactured housing. Such housing may present a public health hazard and is unsightly. II. DESCRIPTION This program will provide a means to assist citizens in the financial aspects of removing abandoned manufactured housing in an environmentally responsible manner. Funding for the program is through NCDENR who will provide up to $1,000 per home. The reimbursement will apply only to costs that can be documented. There is a recycling requirement that must be followed to receive reimbursement as well. Application for this program must be made in advance to the Iredell County Building Standards Office. The program may be utilized on a voluntary basis or as an enforcement action by Iredell County Building Standards as needed. III. DEFINITIONS Abandoned Manufactured Home A manufactured home that is not being occupied as a dwelling and does not provide complete, independent living facilities for one (1) family, including permanent provisions for living, sleeping, eating, cooking, and sanitation; or a manufactured home that has not received the proper permits to be located within the County's jurisdiction; or a manufactured or mobile home that is a health or safety hazard as a result of the attraction of insects or rodents, conditions creating a fire hazard, dangerous condition constituting a threat to children, or frequent use by vagrants as living quarters in the absence of sanitary facilities; or any structure which is a manufactured or mobile home that was designated and intended for residential use or other uses, which has been vacant or not in active use, regardless of purpose or reason, and has been deemed a nuisance to safety or general welfare. 4 Dilapidated Manufactured Home A manufactured home that has fallen into a state of disrepair, as by misuse or neglect reduced to or fallen into partial ruin or decay, as from age, wear, or neglect such that it has become a health or safety hazard as stated in abandoned manufactured home and has been found by inspector to not be able to be repaired, altered or improved to comply with all minimum standards as established by Iredell County Building Code for less than (50) percent of its total value. Demolition Contractor A company or individual that performs the service of deconstruction, removal, and/or recycling of a structure or scrap debris. Manufactured Home A manufactured home is a home that (a) consists of a single unit completely assembled at the factory or of two (double -wide) or three (triple -wide) principal components totally assembled at the factory and joined together at the site; and (b) is designed so that the total structure (or in case of a double -wide or triple -wide, each component thereof) can be transported on its own chassis; and (c) is over thirty two (32) feet long and over eight (8) feet wide; and (d) is designed to be used as a dwelling and provides complete, independent living facilities for one (1) family, including permanent provisions for living, sleeping, eating, cooking, and sanitation; and (e) is actually being used or is held ready to use, as a dwelling. Scope of Services Agreement A written contract the Demolition Contractor operates under for the construction and removal of abandoned manufactured homes. Said contract specifies the process of the proper demolition and removal of an abandoned manufactured home. Guidelines, requirements, and standard operating procedures are specified within this contract. IV. ELIGIBILITY AND IDENTIFICATION Determination of eligibility will be made by Iredell County Building Inspectors after having received a request or a complaint regarding a specific home. To be eligible a home must be: 1.) privately owned, cannot be owned by a commercial establishment such as a manufacturer of homes or a residential trailer park owning multiple homes. 2.) Must be vacant and. 3.) In need of extensive repairs exceeding 50 % of total value or 4.) In violation of minimum housing standards presenting an unreasonable danger to public health, safety, welfare or the environment Inspection Process 1. In the event of a voluntary request the inspector shall make the determination of eligibility pursuant to the above criteria. If eligible a demolition permit will be obtained and demolition arranged. 2. In the event of complaint or enforcement driven situations the following protocol which is defined in the Iredell County Minimum Housing Code will be followed. a. Inspector will conduct investigation b. If violation is confirmed owner of record will be provided with a letter detailing violations with direction to repair or demolish within 30 days. c. If owner fails to obtain demolition permit within 30 days a second notice will be issued with notification of a hearing to be held no less than 10 days and no greater than 30 days from notification d. If owner fails to comply or appear a condemnation hearing will be held within 60 days. e. Within 60 days of condemnation hearing a demolition permit will be obtained and demolition will be scheduled. V. DECONSTRUCTION 1.) Demolition Contractors To ensure proper demolition, removal, and recycling methods are taken, only approved demolition contractors are eligible to provide deconstruction services. In the event of prior damage or deconstruction, only the approved demolition contractors shall be eligible to remove and recycle the remaining debris under this program. Contractors are approved based on the ability to perform required deconstruction requirements. Approved demolition contractors must have the ability to deconstruct the abandoned manufactured home on-site. All hazardous materials must be removed from the structure prior to deconstruction. Any such materials must be properly removed from the demolition site and transported to a facility permitted to receive such materials. 2.) Standard Operating Procedures Agreement Approved demolition contractors operate under a Scope of Services agreement. The following guidelines are set forth by Iredell County Solid Waste to serve as standard operating procedures for the demolition and recycling of abandoned or dilapidated manufactured homes. Contractors must agree to the terms and procedures specified within the agreement prior to performance of any services that may be assigned by Iredell County Solid Waste. Notification Iredell County Solid Waste will notify all authorized contractors in order to obtain bids for the demolition, removal, and recycling of abandoned manufactured homes. Contractors may be notified via electronic mail or fax for a request to submit bids. Contractors will be notified of the property location, ownership, and contact information and may contact the property owner(s) in order to obtain information necessary to submit a bid for the demolition, removal, and recycling of the manufactured home. Iredell County Solid Waste will accept bids, for a period of 14 days, from authorized contractors that are received via electronic mail or fax. The contractor awarded the project will be notified via telephone by an authorized agent of Iredell County. Site Survey Once the contractor is awarded the project, the contractor must notify the property owner(s) prior to the demolition, removal, or recycling of the abandoned or dilapidated manufactured home. A site survey must be conducted with the property owner(s) present to identify any utility connections including marking the placement of a septic tank and/or septic field. The property owner(s) is responsible for ensuring that all utility connections are disconnected and notifying the contractor when such measures have been taken. The contractor must be notified by the property owner(s) of any possible hazards. The contractor may not access the property through an adjoining property without proper consent from that property owner. Deconstruction The following shall apply to abandoned or dilapidated manufactured homes whether completely intact or partially deconstructed. Hazardous, contaminated, or banned materials will be handled in accordance with local, state, and federal requirements and guidelines. The contractor shall deconstruct the home in a manner to minimize airborne debris. All materials must be delivered to a permitted landfill and/or recycling center. The deconstruction process shall be carried out in a manner as to cause the least amount of disturbance or damage to the subject property. Contractors will be allowed to sell scrap metal generated through the deconstruction of any abandoned or dilapidated manufactured home and keep the revenue generated from this sale. Any Freon containing appliances or external air conditioning systems must be transported to the County white goods collection center for proper removal of Freon. Removal All demolition debris shall be removed from the site on a vehicle capable of safely transporting materials from the demolition site to a permitted landfill or recycling center. During transportation, all debris must remain covered with a tarp or fabric and shall be properly secured, so as not to allow any debris to fall from the vehicle. All debris from any of the deconstructed components must be removed from the property. Lot Condition The demolition contractors are required to level, compact, or fill any portion of the property that is affected by the deconstruction and removal of debris. The contractor shall take all measured possible to minimize any unnecessary disturbance of soil or vegetation on the property. The contractor is required to remove and replace any contaminated soil that results from the spillage of any fluids or hazardous materials from equipment associated with performing the demolition or removal of debris. The contractor, unless previously agreed to during the bidding process, will not be responsible for the removal of external propane tanks or filling of septic tanks after removal of an abandoned or dilapidated manufactured home. 6 Liabilitv The demolition contractor shall provide and maintain a level of insurance that will cover any damage or injuries that may occur to property or persons while performing the service of demolition and removal of the abandoned manufactured home. Certificate of Insurance will be required by the County and must be updated when any changes occur. The contractor is responsible for any damage that may occur to the property that is outside the specified area of demolition. The contractor and any of the contractor's employees, act as agents of the company and not as an agent of the County. The County shall not be held liable for any actions or damage that may occur as a result of the demolition and removal of an abandoned or dilapidated manufactured home. VI. RECYCLING 1.) It is mandatory that the frame and axles be removed for recycling. Documentation of final disposal destination will be required. Any other components that can be recycled should be considered when feasible. 2.) All Freon containing appliances, tires, thermostats and mercury switches shall be removed prior to deconstruction and delivered to the Iredell County Solid Waste Facility. A receipt of delivery will be provided which will be necessary for reimbursement. VIL DOCUMENTATION AND REIMBURSEMENT Documentation of all expenses incurred will be required. This can include the cost of permits, demolition, hauling, recycling and landfill tip fees. Any costs over the maximum amount of reimbursement will be the responsibility of the owner. Acceptable documentation will be a signed, dated invoice with the home address from the person or company performing the work. Documentation of recycling and disposal will be obtained from the Solid Waste Facility or recycler who accepted materials. A description of the materials delivered referencing the property will be acceptable. Failure to provide any of the required documents or failure to complete an application in advance of work commencing will result in denial of reimbursements. Chairman Norman declared the meeting to be in a public hearing. Request for Approval of the Establishment of an Exit 42 Roadway Protection Overlay (RPO): Planning Director Ron Smith said a text amendment establishing development regulations at Exit 42 were previously adopted. He said the next step was to place the Exit 42 RPO on the zoning map. Smith said the RPO property extended from the Troutman planning/zoning jurisdiction along Hwy 21 past Exit 42/I-77 to Westmoreland Road. He said a uniform 300 -foot -wide corridor was proposed from point A to B, and single-family as well as double -family homes were exempt due to the overlay primarily being geared to new construction. Smith said property notices were sent to approximately 100 people who were within the specified area, along with the adjacent owners, and no complaints or comments had been received. He said a right-of-way map had been developed, and it would be provided to developers. Mayor of Troutman Elbert Richardson said the overlay proposal was totally supported. Tom Alexander, an owner of property with frontage on Hwy 21 at Lexus Drive, asked how he would have access onto the highway since his driveway would be closed off. Smith said the RPO addressed access standards. He said that if there were existing accesses, they would continue to remain. Smith said the standards would apply to subdivisions/combined properties, or when properties were developed (access standards would start). No one else desired to speak, and Chairman Norman adjourned the hearing. MOTIO by Commissioner Johnson to approve the Roadway Protection Overlay as presented by the planning director. Johnson said that when the Troutman officials appeared before the board three years ago requesting the ability to satellite annex Exit 42, it was stated this might occur, if the Town approved a roadway protection overlay. He said the request occurred during a growth spurt and at that time, it was felt that investigating an RPO would be a stop -gap measure until some 7 agreement with the Town could occur on zoning to protect the land values as well as the road. Johnson said the RPO was the first step in a process and the best way, long-term, to guarantee economic growth with good tax base at Exit 42, north and south of there, was to have it in the Unified Development Ordinance (UDO) and to grant Troutman some ETJ along the properties that fronted Exit 42. He said this was necessary to protect Troutman and without some control, the Town would be less willing to invest in water and sewer line extensions. Johnson said the situation could probably be worked out, but one concern he had pertained to outlying parcels and their marketability. He said Troutman's sign ordinance and plan had been reviewed, and these would help create tax base to pay the costs. Johnson said that once the UDO was implemented, and the ETJ was agreed upon, the county should work with Troutman on an urban service area in the outlying areas. He said these were the properties that could be detrimental to the county, as far as development, because they were the locations that would burden the schools and roads. VOTING: Ayes — 5; Nays — 0. ADMINISTRATIVE MATTERS Request for Endorsement of the Statesville Comprehensive Transportation Plan Socioeconomic Data: Planning Director Ron Smith introduced Centralina Council of Governments Planner Nadine Bennett who recently compiled transportation analysis material for the City of Statesville. Bennett said economic, employment, and population projections had been researched for the Statesville's Comprehensive Transportation Plan (CTP). She said the multi -modal plan was (1) mandated by the state (2) it consisted of four elements (roadway, bicycle, pedestrian and transit) and (3) it was used by local governments, RPOs, and the Department of Transportation (DOT). She said the plan would identify land for future transportation corridors, and it helped to guide decision making. Bennett said the plan involved a five-step process with data collection being the second component. She said the City of Statesville had approved the data, as had the county planning staff, and the board of commissioners were now being asked for endorsement. Bennett said the county was involved due to the areas that surrounded the city, and the data projections were collected to insure that the travel demand model was based on the best information available. She said 1980 to year 2000 census information was used along with data from the North Carolina Employment Security Commission, the Iredell-Statesville Schools, and the Environmental Research Institute with projections extending through 2040. Commissioner Johnson asked about the areas estimated to grow faster than others. He asked if these projections were derived from pre -approved city plans. Bennett said the area that showed the increase in jobs was based on an approved plan. Commissioner Keadle asked what happened if the county denied the request. Bennett said the reasons for the denial would be asked, and the staff would try to address them. She said that if the county denied the request, the state wouldn't be able to use the material, and the staff would have to start over. Keadle said it was unclear what the county was being asked to vote on. He read a sentence from Planning Director Ron Smith's memo as follows: "I would respectfully ask that you review these numbers and endorse them if you agree with their accuracy." Keadle said there was a matrix with 40 numbers to review and endorse. He said it would be difficult to agree with the numbers due to his expertise being in another area. Bennett said the numbers had been shared with the county staff. Keadle said Mr. Smith's work could be endorsed due to being presented with examples in the past, but it was difficult to endorse someone else's capabilities. He said it was unknown how much the numbers might be off. Smith said information had been received from the Lake Norman RPO, as well as the state, the Statesville city staff, and that the county staff had tried to verify the numbers. 9 Keadle said it was never a question regarding the numbers, it more of a concern about the board members having to say the numbers were accurate. Commissioner Robertson said that with the involvement of the county's planning department, his concerns were lessened. Commissioner Johnson said the populations estimates were probably on target, but the component that would be difficult to measure was the employment centers. OTIO by Commissioner Johnson to deem the report accurate and to allow submission to the DOT. VOTING: Ayes — 4; Nays — 1 (Keadle) Request from the Juvenile Crime Prevention Council (JCPC) for Approval of the 2010-11 Funding Plan: Pam Davis, Chairman of the JCPC, said $286,795 in pass-through funding was available to local agencies from the state for juvenile justice programs. She said the JCPC met on April 13, 2010, and approved the following program funding: $96,250 — Barium Springs 65,249 — Project Challenge 52,796 — SCAN (At -Risk -Kids) 32,000 — Piedmont Mediation Center 18,500 — Don Lin Counseling 15,500 —JCPC Administration 6,500 — Avalon Farms $286,795 MOTIO by Commissioner Johnson to approve the FY 2010-I1 Funding Plan as recommended by the Juvenile Crime Prevention Council. VOTING: Ayes — 5; Nays — 0. Request for Approval of Budget Amendment #67 for $77,457 to Purchase 22 Radios (800 mHz) for the Sheriff's Department: Captain Mike Phillips requested consent to purchase 22 radios costing $77,457. Phillips said the funding would be derived from seized funds, and the radios would work with the VIPER System. He said some of the radios would be used as spares, and some would be provided to fire departments and other emergency agencies; especially when special events occurred. MOTION by Commissioner Robertson to approve budget amendment #67. VOTING: Ayes — 5; Nays — 0. BA%7 911/2010 Account # G1neM ChangD Amended Gowd Find 104510 4820.00 Federal Equity Sharing (1,078,047) (77,457) (1,155,504) 105510 620000 Nen-depreciable assets 98,830 77,457 176,287 9 Request from Social Services for Approval of Budget Amendment #68 to Appropriate Additional Allocations in the Child Day Care Program ($90,000) and the Crisis Intervention Program ($100,000): Social Services Director Don Wall said the Child Day Care Program had received an additional $90,000 in funds (state and federal money) and the Crisis Intervention Program had received $100,000 (100% federal funds). MOTIO by Commissioner Keadle to approve budget amendment #68. VOTING: Ayes — 5; Nays — 0. ITo appropriate funds in the DSS department for additional revenues received in B1A#68 Crisis Intervention Program and the Child Day Care Program. 5/11/2010 Request from the Health Department for Approval of Budget Amendment #69 to Transfer Funds for the Printing of No Smoking Signage and to Move Funds into Salary/Fringe Within the Tobacco Initiative Grant: Donna Campbell said earlier this fiscal year, the health department was approved to apply for a grant to assist in educating restaurant and bar proprietors about the new smoke-free law. Health Director Campbell said the funds were received and approval was now requested to transfer funds for no smoking signage and to move other funds into salaries/fringe benefits. MOTION by Commissioner Keadle to approve budget amendment #69. VOTING: Ayes — 5; Nays — 0. ICty 1w! 69 _ Pmposo.; T .....lcrrint, Nnds for printing No SMOKIWi signage nud to move Nods u:HHHAu 10-0512 intoS&:foverapea4wilhin'1'oUaecohiitlalivaGreul -- IixPLNSE LING(S) General Fmd €xn rNG BUDGET CHANGE AMENDED nUD61"r 104630 450022 Crisis Intervention Program (485,087) (100,000) (585,087 104630 450016 Child Day Care Revenue (6,585,667) (90,000) (6,675,667 105630 554201 Crisis Intervention Program 485,087 100,000 585,087 105630 554601 Child Day Care 6,585,667 90,000 6,675,667 Request from the Health Department for Approval of Budget Amendment #69 to Transfer Funds for the Printing of No Smoking Signage and to Move Funds into Salary/Fringe Within the Tobacco Initiative Grant: Donna Campbell said earlier this fiscal year, the health department was approved to apply for a grant to assist in educating restaurant and bar proprietors about the new smoke-free law. Health Director Campbell said the funds were received and approval was now requested to transfer funds for no smoking signage and to move other funds into salaries/fringe benefits. MOTION by Commissioner Keadle to approve budget amendment #69. VOTING: Ayes — 5; Nays — 0. ICty 1w! 69 _ Pmposo.; T .....lcrrint, Nnds for printing No SMOKIWi signage nud to move Nods u:HHHAu 10-0512 intoS&:foverapea4wilhin'1'oUaecohiitlalivaGreul -- IixPLNSE LING(S) DESCRIPTION €xn rNG BUDGET CHANGE AMENDED nUD61"r 10927521 5362.00 4451 'travel 5550.00 -$345.00 $205.00 10927521 548000 4451 Crnnnnmity Aim eness $950.00 4500.00 $450.00 EXPENSE UNE(S) DESCRIPTION UISFING RU I&I CHA4Nni AMMOPli HUDGI['i' 1092'521 510003 4451 salary -Reg sl,810.00 $390.00 $2,200.00 10927521 512501 4451 FICA $140,00 525.00 3165.00 10927521 512502 4451 Cirp his $290.00 570.00 $360.00 10927521 512503 4451 ttelknwnt $180.00 S,I0.00 $220.00 10927521 535018 4451 Printing $4000 631.0.90 6360.00 Request for Approval of Budget Amendment #70 to Appropriate Fund Balance in the Workers' Compensation Self -Insurance Fund for Probable Costs in Excess of the Amount Budgeted in FY 10: Finance Director Susan Blumenstein said that due to additional claims payments to the workers comp fund, the amended budget would be exceeded by June 30. She said an additional $150,000 was needed, and this amount could be taken from the workers' comp benefits fund balance leaving a balance of $1,420,650. MOTION by Commissioner Keadle to approve budget amendment #70. VOTING: Ayes - 5; Nays — 0. 10 Request for a Decision Regarding Ebenezer VED's Banking Loan Transaction for a Building Expansion: Finance Director Susan Blumenstein said the Ebenezer VFD in April requested board confirmation to proceed with a ten year $1,037,180 loan with BB&T (4.33% interest with annual debt service at $130,000) for station improvements, but at that time, information was not available on next year's budget for the county -wide fire tax district. Blumenstein said real property valuations for each fire department were included in the agenda packets, and these would show the effect on the county -wide district if the Lake Norman VFD pulled out. She said the tax office provided the valuation estimates and these were applied to the total estimated FY 11 VFD value. Blumenstein said that by using this data, another spreadsheet was created to show the value of a 1 -cent tax for each fire district, and another chart showed the same funding if Lake Norman was removed from the calculation. She said a net loss of $1,128,061 would occur if Lake Norman withdrew from the district, and it would take a 3 cent tax rate increase to increase the VFDs to the same level. Commissioner Johnson said Ebenezer should be allowed to proceed in securing the loan because the department was well into the process, plus Lake Norman could not withdraw from the county -wide district until 2013. Johnson said a discussion had occurred with a member of the Fire Tax District Board, and it was understood that there were no other major capital projects related to buildings at the current time. Mr. Johnson said, however, that Ebenezer's request should be the last one for two reasons: 1) the uncertainty on what Lake Norman might decide, and it was possible the VFD might remain in the county -wide district, with conditions, such as more revenue based upon the percentage supplied and 2) due to the revaluation, the property values might change. MOTION by Commissioner Johnson to allow Ebenezer to proceed with the banking transaction but to curtail all other requests until some future date after revaluation and an agreement has been reached with the Lake Norman VFD. Commissioner Robertson asked if the motion only applied to buildings. Johnson said equipment/apparatus was left out due these items being needed for the reduction of insurance ratings. VOTING: Ayes — 5; Nays — 0. Request for Permission to Cancel Argonaut Insurance Policies and to Bind Coverage with Travelers Insurance for FY 10-11: Finance Director Susan Blumenstein said insurance quotes were recently received from Argonaut, Travelers, and the North Carolina Association of County Commissioners (NCACC) Property and Liability Pool. She said a savings of $59,431 could be found by transferring to Travelers and canceling the Argonaut policy. Blumenstein said the plan was comparable and might even be more comprehensive. Attorney Pope asked if the policies were claims made or occurrence policies. Insurance Specialist Jean Haun said all of the policies were occurrence policies and the only claims made were for professional liability. She said there would not be any gap in coverage. Commissioner Mitchell asked about the NCACC quote. Blumenstein said it was substantially more. (NCACC came in at $925,847 compared to Argonaut at $776,116 and Travelers at $716,685.) MOTION by Commissioner Johnson to cancel the Argonaut Insurance policies and to bind the coverage with Travelers Insurance for FY 10-11. VOTING: Ayes — 5; Nays — 0. Request for Approval of the April 2010 Refunds and Releases: County Manager Joel Mashburn said the Tax Administrator had submitted the April refunds and releases and had recommended their approval. MOTTO by Commissioner Robertson to approve the refunds and releases. VOTING: Ayes — 5; Nays — 0. Presentation from County Attorney Bill Pope Regarding Title 11 of the American's With Disabilities Act (ADA): County Attorney Pope said a request had been made to determine if the county was in compliance with ADA and other regulations pertaining to hearing impaired citizens. He said, substantially, the county was in compliance; however, there was a recommendation to adopt a public notice and publish it on bulletin boards in county buildings were public meetings (commissioners' meetings, planning board meetings, board of adjustment meetings, health board meetings, and other authorities or boards) were held. OTION by Commissioner Keadle to adopt Attorney Pope's recommendation. VOTING: Ayes — 5; Nays — 0. A copy of the notice is as follows: 12 Monthly Releases for the Month of April 2010 Total $17,737.93 Breakdown of Releases: County $11,187.38 Solid Waste Fees $341.50 E. Alex. Co. Fire #1 $0.00 Shepherd's Fire #2 $71.18 Mt. Mourne Fire #3 $50.34 All County Fire #4 $678.81 B&F Fire #5 $85.42 Statesville City $956.22 Statesville Downtown $11.74 Mooresville Town $3,589.82 Mooresville Downtown $0.00 Mooresville School $650.02 Love Valley $0.00 Harmony $0.56 Troutman $114.94 Davidson $0.00 Presentation from County Attorney Bill Pope Regarding Title 11 of the American's With Disabilities Act (ADA): County Attorney Pope said a request had been made to determine if the county was in compliance with ADA and other regulations pertaining to hearing impaired citizens. He said, substantially, the county was in compliance; however, there was a recommendation to adopt a public notice and publish it on bulletin boards in county buildings were public meetings (commissioners' meetings, planning board meetings, board of adjustment meetings, health board meetings, and other authorities or boards) were held. OTION by Commissioner Keadle to adopt Attorney Pope's recommendation. VOTING: Ayes — 5; Nays — 0. A copy of the notice is as follows: 12 Monthly Refunds for the Month of April 2010 Total $4,359.03 Breakdown of Refunds: County $1,672.20 Solid Waste Fees $0.00 E. Alex. Co. Fire #1 $0.00 Shepherd's Fire #2 $0.00 Mt. Mourne Fire #3 $0.00 All County Fire #4 $0.00 B&F Fire #5 $0.00 Statesville City $0.00 Statesville Downtown $0.00 Mooresville Town $2,179.53 Mooresville Downtown $0.00 Mooresville School $507.30 Love Valley $0.00 Harmony $0.00 Troutman $0.00 Davidson $0.00 Presentation from County Attorney Bill Pope Regarding Title 11 of the American's With Disabilities Act (ADA): County Attorney Pope said a request had been made to determine if the county was in compliance with ADA and other regulations pertaining to hearing impaired citizens. He said, substantially, the county was in compliance; however, there was a recommendation to adopt a public notice and publish it on bulletin boards in county buildings were public meetings (commissioners' meetings, planning board meetings, board of adjustment meetings, health board meetings, and other authorities or boards) were held. OTION by Commissioner Keadle to adopt Attorney Pope's recommendation. VOTING: Ayes — 5; Nays — 0. A copy of the notice is as follows: 12 Notice Under the Americans with Disabilities Act (ADA). Iredell County will not discriminate against qualified individuals with disabilities on the basis of disability in the County's services, programs, or activities. The County will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the County's programs, services, and activities. The County will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all County programs, services, and activities. Anyone who requires an auxiliary aid or service for effective communications, or a modification of policies or procedures to participate in the County program, service, or activity, should contact the office of the Acting ADA Compliance Officer, Cynthia Eades, Human Resources Office, Voice: (704) 878-3128; ccades(a,co.ircdcll.nc.us, as soon as possible but no later than 48 hours before the scheduled event. A copy of the information provided by Mr. Pope concerning this matter is as follows: ISSUE: What obligations does the County have under the American's with Disabilities Act to assist its deaf or hearing impaired citizens in participating in the activities of the County government and what policies are in place for meeting these obligations? ANALYSIS: Pursuant to Subtitle A, Title II of the Americans with Disabilities Act (ADA) "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of services, programs, or activities of a public entity, or be subjected to discrimination by any, such entity. " 42 U.S. C § 12132. Following the adoption of the ADA, the United States Department ofJustice adopted regulations which implemented the terms thereof and apply to any state or local government which is the recipient of federal funds, those regulations applicable to 42 U.S.C. § 12132 are codified in 28 CFR § 35.101 et seq. and include, among other provisions, the requirements that: (a) A public entity shall take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. (b)(1) A public entity shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by a public entity. 28 CFR § 35.160. This regulation does not necessitate that the County have a sign language interpreter or other auxiliary aid on hand at all times, engaging such a service when it it not needed would represent an undue financial burden upon the County, but does require that reasonable efforts be taken to assure that such services will be available when called upon. It is also not necessary that such service be made available for every interaction between a deaf or hearing impaired citizen and a county employee or administrator. For brief and/or simple exchanges standard written materials, handwritten notes and/or e-mail may be sufficient. However, for complex, lengthy or important communications where such methods could give rise to misunderstandings, an interpreter or other auxiliary aid should be made available upon reasonable request. Iredell County has previously adopted a formal ADA policy and set in place measures to assure compliance with the terms thereof To ensure continuing compliance the County may wish to make greater efforts to insure that qualified individuals are aware of their rights under the existing policy. The County should publish the existing ADA Grievance Procedure and the attached Notice of Compliance on the County website and post both in any customary places for posting public information or notices. Request for Approval of the April 6, 2010 Minutes: MOTION by Commissioner Robertson to approve the April 6 minutes. VOTING: Ayes — 5; Nays — 0. 13 Request for Approval of the April 20, 2010 Minutes: MOTION by Commissioner Johnson to approve the April 20 minutes. VOTING: Ayes — 5; Nays — 0. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Juvenile Crime Prevention Council (7 announcements) Centralina Workforce Development Board (2 announcements) Adult Care Home Communitv Advisory Committee (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Statesville Board of Adjustment (ETJ): Commissioner Johnson nominated David Aman. Commissioner Johnson said the ETJ population was being studied and the county might be eligible to appoint one other representative. (The city staff will provide further information.) OTION by Chairman Norman to appoint Aman by acclamation. VOTING: Ayes — 5; Nays — 0. PUBLIC COMMENT PERIOD Mooresville Memorial Day Field of Flags Event: Ryan Pegarshe, representing the Lake Norman Exchange Club, invited the board members to a Field of Flags event to honor American men and women, past and current, serving in the armed forces. Pegarshe said flags were available for purchase and the proceeds would benefit the Stop Child Abuse Now organization. He said a ceremony would be held at 11 a.m., on Memorial Day, at the Mooresville High School baseball field. Commissioner Robertson pointed out that Ryan was not only organizing the Field of Flags event, but he was also a student at South Iredell High School and a United States Naval Sea Cadet along with being a volunteer for the Shepherds VFD. NEW BUSINESS Commissioner Keadle asked if the county manager or board planned on discussing the county's health insurance and abortion coverage. It was the board's request to place this matter on the June 1 agenda for discussion. COUNTY MANAGER'S REPORT Proposed FY 10-11 Budget: County Manager Joel Mashburn then presented the FY 10- 1 1 budget message as follows: Budget Message FY 2010-2011 May 11, 2010 This proposed budget is submitted to the Iredell County Board of Commissioners in accordance with the North Carolina Local Government Budget and Fiscal Control Act. Introduction As usual, a major portion of a proposed budget is based on estimates, but up until the last couple of years, one could estimate both revenues and expenditures with a degree of certainty and reliability. Things are not that certain anymore so the reliability of those estimates may become more suspect. Even so, NC Statutes mandate that the county adopt a fiscal plan each year using the very best information available. Susan Blumenstein, Bill Doolittle and others who estimate revenues and expenses are to be commended for their diligence in pursuing a level of confidence so that the risk is at the lowest possible level. 14 Expenditures The proposed for FY 10- 1 t is a total decrease of 2.05% from the current year, however, when you look at just county funds, the proposed budget is 4% less. That number is even more significant when one understands that the state continues to chisel down state shared revenue and at the same time place additional unfunded mandates on the county. Examples of this are the withholding of 2/3 of our current year's distribution of our legal share of the Beer and Wine Taxes estimated to be $285,900. Also the state eliminated funding of the Intensive Probation Office adding another $40,800 to the budget. The state also discontinued reimbursement to the county for sentenced inmates adding another $80,000 to our budget. Because of the tremendous downturn in the economy, the county contribution to the Local Government Employees Retirement System was increased from 4.89% to 6.44%, adding another $427,578. These items alone total almost $835,000 or almost %z cent on the tax rate. In addition to the above, we have additional expenditures to operate a new branch library in Troutman as well as funds to provide for limited operations at the new EMS base at the Troutman VFD substation. Economic Development also increased $953,400 for new incentive payments but because incentives are not paid unless new tax base is created to support the payment, the potential impact on the budget is negligible in the first 5-6 years and to the good moving forward. Not included in the proposal is a request from the City of Statesville for a matching grant for airport improvements, however, obligations already made are budgeted and $164,318 for land purchase and is being carried forward from the current year. Personnel (Salaries & Benefits) — There are no salary increases or no new positions proposed. There were new positions added by the board during the current year but these were paid out of non -county funds and will not require county funding for FYI 1. In addition 18 additional positions were frozen and no funds were allocated bringing the total to 29 positions frozen or eliminated. Appropriations for salaries and employee benefits are reduced by over $900,000 from FYI 0, yet there will be no need to have any furlough days or salary reductions except all part time positions at the library have been eliminated which will require a reduction in the hours of operation. However, the Library Director is working on a schedule that will minimize the overall impact of the delivery of services to our citizens. Capital Expenditures — It should come as no surprise that very little is being recommended for capital expenditures for the coming year. Most of what is being recommended is for technology replacements of obsolete or inadequate equipment. Just a little over $400,000 is being recommended in the General Fund and some of that will be covered by grants or other non -county funds. I am also recommending that the balance remaining in the Capital Reserve Fund, approximately $250,000 be appropriated for the adoption of a Jail and Courts Expansion Capital Project Fund to begin planning for the increasing space needs. Schools —The appropriation to the schools is an overall decrease of 3%, yet as a percentage of the net county funds, the appropriation has increased to 54.58%. Revenues Although we have held our own so far this year in the collection of the amount budgeted from property taxes, only an increase of 1.2% is budgeted for FYI I and a collection rate of 96.89% is expected. On the other hand, sales taxes, which makes up 15.13% of our revenue is expected to stay flat. Also, small increases are projected in some other revenue sources such as Register of Deeds, Animal Control and Fund Balance. The increase in fund balance being used to balance this budget is made possible by expending less in FYI than budgeted allowing us to carry forward $245,065. Conclusion It is recommended that the commissioners approve the proposed FYI 0- 1 1 budget as presented. If so approved, this will leave the property tax rate at 44.5 cents per $100 valuation based on the Tax Assessor's estimate of $20,639,300,000. If the proposed budget is approved, it will be a spending plan that is $14.3 million less than the current year and $30 million less than FY08-09. Using the $2,245,065 from Fund Balance will leave the county's fund balance at $23,562,425 or 15.7% of budgeted expenditures. Joel Mashburn, County Manager, Budget Officer Susan Blumenstein, Director of Finance Commissioner Robertson made the following comments: "Even though you've not officially handed us the budget, we've been talking about the budget amongst ourselves and also with you. I would like to make some points now, and as we go through the budget process, I'll keep making them because 1 think the citizens should understand what's going on and what it means for this budget cycle and for future ones. Right 15 now in America one of the buzz words is sustainability. You know if'we're going to have energv it needs to be sustainable energy. Food supplies need to be sustainable. The environment needs to be sustainable. Really, when you look at it, the financial system needs to be sustainable. It made no sense for our building industry to go on this surge of building McMansions, and we ended up having a housing bubble that burst It wasn't a sustainable model. As those of its who heard about zero principal loans and artificially low interest rates with big balloon payments ten years out. Everybody knew that wasn't sustainable. It couldn't go on and it didn't. As I hear you talking, this is a budget that we'll probably adopt as it is, or fairly close to it, and that doesn't mean that it's bad. Clearly, I don't think that this budget is sustainable. We have not been replacing vehicles. You know county employees don't ride around in brand new vehicles every year. So when we talk about buying vehicles, its not like we're buying vehicles so everybody has the latest and the greatest model. When vehicles become more expensive to maintain and operate than it is to buy new ones, then it makes sense to buy new ones. But, we're not replacing the vehicles as we should. Historically, this board, and the boards long before I ever stepped foot here set aside money for capital improvements to build buildings so that the money the taxpayers put towards buildings paid for buildings and didn't pay for as much interest. The only way to do that is to save up and either pay-as-you-go or pay a higher percentage of cash for your buildings as you go. We are not doing that anymore. To me, that's not sustainable. We don't need a newer jail. We need a bigger jail. The public, if you look at the candidates who ran for DA and the candidates who ranfor sheriff -- not a single one of them ran under the platform of `We're going to let people out on the street. People are going to commit crimes, and they won't pay the price.' So we elect DAs who say, `We're going to prosecute people fairly and ask that they be put in jail if they are guilty. ' We elect the sheriff and we have city police chiefs in Mooresville and Statesville, and their jobs are to go catch the bad guys and put them in jail. Yet by every account, our jail isn't big enough. Well it makes no sense. We shouldn't seek to have DAs who want to prosecute people and police who want to arrest folks if we're not going to give them any place to put the bad guys. We're not putting money away for a jail. We're going to spend money to plan for a jail, and that's the right thing to do. But at some point, we're going to have to build a jail and our current budget, and our current tax rate, isn't going to make that happen. There's no way for us to have a sustainable budget when the state of North Carolina continues to transfer financial obligations off of their books and onto our books. I don't think this board can pretend that with the current revenue stream that we have, which is our tax rate, that we can absorb them and just walk away, for instance, the state is no longer going to pay for textbooks and our two school systems this year, they estimate that cost will he about $1.2 million. A lot of people say, `Well, why do you have to buy new textbooks every year?' Well, I mean you've got kids and some textbooks wear out ........ every time the curriculum changes, and believe me, the curriculum changes. If you mandate that another textbook be used, the school systems are required to buy the textbook. They can't elect ,just to teach the things they want to teach if the state says, `You will use this textbook for math, or this textbook follows what the end of grade test is going to be. ' That came out to $1.8 million -- that's about three fourths of a cent on our tax rate. You mentioned the $427, 000 that we've got to put into the employees' retirement fund. That's not going to change. These two items aren't things that we can say, `Gee whiz, this is just when times are bad' When the state passes the bill to the county, they will never take it back. We're not adding to the fund balance, we are taking away from the fund balance. That's not sustainable. The plan was to do it for three years, and we'll do it for three years. After that we're done. ]just don't see anything that says green shoots. 1 don't see where there's going to be a great windfall of better economic times that are going to get us there. We've frozen our county employees' pay for two years. Last year we made them take unpaid furlough days. We have 29 unfilled positions, and 1 will tell you that the citizens of this county ........ heck two years ago I lost my job. You know I was laid off. A lot of companies ........ their employees have frozen budgets or reduced wages, and the county employees shared in that misery. 1 don't think this is sustainable -- that long term we can balance the budget on the backs of just our employees. I'm not saying that we need to give them big raises, but at some point, we can't expect them to get its out of the mess. Another thing I would like to mention -- most of the spending that we do in this county is not discretionary. The library is optional. We don't have to have libraries. We don't have to have a Rec. Department. We don't have to have a truly good sheriff's department, but other than that, we're required to have EMS. We're required to fund the courts. We're required to have a planning department and inspections. We're required to have DSS. We're required to have the health department. We are not allowed to say, 'We're not going to do those things.' So when people, who don't know about our budget process, and they don't understand the requirements of the county say, `Well, we'll go in and cut the fat. ' They need to look and see that the tax rate in this county is 16 about 50% lower than the surrounding counties. You don't have a fat budget when you're food intake is about 50% less than your neighbors. We don't have a lot of discretionary stuff to cut out. On the good news, and this is good news. I think it needs to be said It is my understanding that the department heads on most of our budgets this year under spent their budgets. That doesn't mean we gave them too much, and they didn't need it. They took our guidance that we needed to tighten our belts and be very stingy with the spending. They did that. That implies good leadership. That implies good leadership at the top. Mr. Mashburn, my hat is off to you, but its also some good managers. Some are probably better than others, but good management throughout the county and that our department heads understand the challenges that we face. So while I have confidence in the people, the fact remains that this financial situation that we're in, unless the economy makes a major change, this budget is not sustainable. I don't think the people should expect that we're going to keep the same level of services that we've had for many years into the future with a 44.5 cent tax rate unless some of those discretionary items that I've mentioned are cut severely, or in fact eliminated, which I feel most people can't imagine that happening. I always have to tell an Army story, and I'll wrap up. When General Patton was going across Europe defeating the Germans, he definitely outran his supply line and they had to stop the advance. He sent a very famous message to Eisenhower. He said, `My soldiers can eat the leather in their boots, but my tanks ........ they've got to have gasoline.' There's only so much that we can ask our employees to do and only so much sacrifice that we can ask them to make. At some point, it takes money to run the county, especially if we're mandated to provide some of these services. 1 just think the taxpayers need to know that we are in a difficult situation, and what we're doing now ........ the way we're getting by worked last year, it will probably work this year, but looking.forward, I think there's going to be some very difficult and painful decisions that we need to make. Thank you very much. " Commissioner Mitchell asked when the state took action on the unfunded mandates. Mashburn said much of the actions were gubernatorial, but the inmate costs were legislative. He said the origin was unknown regarding the county having to pick up the office rental costs for intensive probation, and the notice about this came last September after the budget had been adopted. Budget Work Session Dates: Mr. Mashburn said the budget sessions would be held on Thursday, May 20th, Tuesday, May 25th and Thursday, May 27th at 5:30 P.M. (A light meal will be provided.) CLOSED SESSIONS: MOTION by Chairman Norman to enter into closed session pursuant to G.S. 143-318.11(a) (2) — Awards and G.S. 143-318.11 (a) (4) — Economic Development. VOTING: Ayes — 5; Nays — 0. (Return to Open Session) ADJOURNMENT: OTION by Commissioner Johnson to adjourn at 9:30 p.m., with the next meeting being May 20, 2010 at 5:30 p.m., in the South Wing Conference Room of the Iredell County Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes — 5; Nays — 0. Approved: 17 Clerk to the Board