HomeMy WebLinkAboutNovember_9_2010_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
NOVEMBER 9, 2010
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
November 9, 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, Deputy County Manager Tracy Jackson,
Assistant County Manager Ron Smith, Finance Director Susan Blumenstein, Emergency
Management Director David Martin, Solid Waste Director David Lambert, 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 adjustment:
Addition: Request for Approval of Budget Amendment #18 in the Amount of $45,000 for the
Transfer of Federal Equity Sharing Funds to the Sheriff's Special Operations Division
VOTING: Ayes — 5; Nays — 0.
ADMINISTRATIVE MATTERS
Request from the City of Statesville for Assistance with Local Matches for Grants
Received from the North Carolina Department of Transportation/Division of Aviation:
Commissioner Johnson said funds were available for the airport commission that required local
matches. He said the runway overlay had been completed, the "dip" in the runway had been
repaired, and work had occurred on two taxiways. Johnson said the airport commission had hoped
to have enough money for the ramp work, but there wasn't. He said the grant funds were made
available due to safety issues relating to larger aircraft using the taxiway and smaller planes
coming in too close to the tie downs. Johnson said the apron would be expanded creating a wider
radius for the larger planes along with maintaining a safety setback. He said the money for the
county's match would come from funds set aside for land purchases. Johnson said it was not
anticipated that any other requests would be forthcoming anytime soon.
Commissioner Robertson said $83,763 had been set aside for future land purchases. He
asked if this was for property at the airport.
Johnson said the property was at the airport, plus at on time, fill dirt was mentioned.
Commissioner Norman asked if $41,250 was the county's match share.
Johnson said this was correct.
Robertson said that once the grant match had been paid, the county would have about
$42,000 remaining in the fund.
Johnson said this was correct.
MOTTO by Commissioner Keadle to approve the county's share for the local grant
matches.
VOTNG: Ayes — 5; Nays — 0.
Request for Approval of Budget Amendment #15 for Reimbursement to the City of
Statesville for Overtime Expenses Incurred in the NCEM Exercise at the Statesville Regional
Airport: Emergency Management Director David Martin requested permission to use $1,000 out
of the airport training exercise grant funds of $3,000 for payment to the City of Statesville. He
said the payment would be for personnel who incurred overtime during the event.
MOTTO by Commissioner Johnson to approve Budget Amendment #15.
VOTING: Ayes — 5; Nays — 0.
Request for Approval of a Ten Dollar ($10) Per Ton Transportation Fee on all
Household Waste Delivered to the Mooresville Transfer Station by Municipal or Commercial
Haulers Effective December 1, 2010: Solid Waste Director David Lambert provided the following
remarks regarding this item.
The Mooresville Transfer Station was built in FY 96-97 and funded by a collaboration of the
Solid Waste Enterprise Fund and the Town of Mooresville; paying 70 and 30 percent of the construction
costs respectively. A verbal agreement between Iredell County, and the Town of Mooresville at that time
provided for Town of Mooresville to provide 30 percent of the annual operating cost. This arrangement
proved satisfactory to both parties until this past January. At that time Solid Waste staff was contacted by
Town of Mooresville staff with questions regarding their monthly invoice. A more detailed invoice was
provided and this seemed to satisfy the town for the time being. The Town of Mooresville stafJ'shared
during this time they were looking for ways to fund a proposed recycling program and were looking
towards the county for help.
In April, Iredell County Solid Waste staff and Town of Mooresville Public Works and Sanitation
staff met again to discuss recycling and financing. Town of Mooresville staff revealed their Town
Manager was not happy with the current financial arrangement at the station. Subsequent meetings were
held in May and included administration from both parties. During discussion it became apparent that
transportation costs were a major portion of the operating expense and a major item of contention
between the stakeholders. The Town maintained they were being charged a disproportionate amount as
commercial haulers only paid transportation costs on commercial waste and had free disposal on
household waste. The bulk of the Town's disposal is of household origin. The county maintains that an
agreement was entered into by the town and had been honored for over 10 years without question. The
County would not have built the station in its existing location without these assurances. from the Town. It
soon became clear that agreement could not easily be reached as the Town informed the County they did
not intend to pay the June invoice and would begin direct hauling to the landfill in Statesville as ofJuly 1,
placing the Solid Waste Enterprise Fund in a tenuous position. This loss of anticipated revenue would
obviously place the continued ability to provide the same level of services at the Mooresville Transfer
Station in jeopardy.
Both parties agreed to.Ibrm ad hoc committees consisting of representatives of administration,
departmental staff and elected officials in an attempt to resolve the situation. County members were
Commissioner Vice Chairman Steve Johnson, Commissioner Frank Mitchell, County Manager Joel
Mashburn, Deputy County Manager Tracy Jackson, Finance Director Susan Blumenstein, Solid Waste
Director David Lambert and Susan Cornell. The County committee evaluated many options for
addressing the Towns concerns while continuing to keep a positive budget balance for the transfer station
and the Solid Waste Department. The Town addressed points they felt would fairly address the situation.
2
To appropriate funds from Nath Carolina Emxgerxy Management to the City of
Statesville for reimbursement of overtime expenses.
BA#15
11/9/2010
Account #
Current awW Amended
General Fund
10554657730114551
Gant reinbise/Purchase
-
1,000
1,000
10554651000414551
Overtime
3,000
11000
2,000
Request for Approval of a Ten Dollar ($10) Per Ton Transportation Fee on all
Household Waste Delivered to the Mooresville Transfer Station by Municipal or Commercial
Haulers Effective December 1, 2010: Solid Waste Director David Lambert provided the following
remarks regarding this item.
The Mooresville Transfer Station was built in FY 96-97 and funded by a collaboration of the
Solid Waste Enterprise Fund and the Town of Mooresville; paying 70 and 30 percent of the construction
costs respectively. A verbal agreement between Iredell County, and the Town of Mooresville at that time
provided for Town of Mooresville to provide 30 percent of the annual operating cost. This arrangement
proved satisfactory to both parties until this past January. At that time Solid Waste staff was contacted by
Town of Mooresville staff with questions regarding their monthly invoice. A more detailed invoice was
provided and this seemed to satisfy the town for the time being. The Town of Mooresville stafJ'shared
during this time they were looking for ways to fund a proposed recycling program and were looking
towards the county for help.
In April, Iredell County Solid Waste staff and Town of Mooresville Public Works and Sanitation
staff met again to discuss recycling and financing. Town of Mooresville staff revealed their Town
Manager was not happy with the current financial arrangement at the station. Subsequent meetings were
held in May and included administration from both parties. During discussion it became apparent that
transportation costs were a major portion of the operating expense and a major item of contention
between the stakeholders. The Town maintained they were being charged a disproportionate amount as
commercial haulers only paid transportation costs on commercial waste and had free disposal on
household waste. The bulk of the Town's disposal is of household origin. The county maintains that an
agreement was entered into by the town and had been honored for over 10 years without question. The
County would not have built the station in its existing location without these assurances. from the Town. It
soon became clear that agreement could not easily be reached as the Town informed the County they did
not intend to pay the June invoice and would begin direct hauling to the landfill in Statesville as ofJuly 1,
placing the Solid Waste Enterprise Fund in a tenuous position. This loss of anticipated revenue would
obviously place the continued ability to provide the same level of services at the Mooresville Transfer
Station in jeopardy.
Both parties agreed to.Ibrm ad hoc committees consisting of representatives of administration,
departmental staff and elected officials in an attempt to resolve the situation. County members were
Commissioner Vice Chairman Steve Johnson, Commissioner Frank Mitchell, County Manager Joel
Mashburn, Deputy County Manager Tracy Jackson, Finance Director Susan Blumenstein, Solid Waste
Director David Lambert and Susan Cornell. The County committee evaluated many options for
addressing the Towns concerns while continuing to keep a positive budget balance for the transfer station
and the Solid Waste Department. The Town addressed points they felt would fairly address the situation.
2
After several options had been evaluated and discarded, a compromise was reached and agreed
upon to be presented to this board. The County Solid Waste Enterprise Fund operates independently from
the County General Fund and requires a balanced budget from generation of its own revenue and control
of expenses therefore it is necessary to address this budget shortfall. As transportation costs from the
station to the landf ll are a large portion of the operating cost the solution must involve transportation.
• The existing agreement between Iredell County and the Town of Mooresville by which the town
paid 30 percent of the operating cost of the station will be voided.
The County will begin assessing a transportation fee of $10 per ton for household waste whether
hauled by the Town, private or public firms.
The transportation charge will be evaluated on an annual basis each May with the average costs
from the previous year being the basis for the upcoming year's fee. Fuel costs will be the primary
factor considered.
• The County will agree not to enter into any agreements or arrangements with any hauler that
would allow for a fee lower than the town's, fee.
The County agrees not to use legal means to collect July and August 2010 invoices if the Town
agrees to pay the June 2010 invoice in full.
The Town agrees their "Dial -a- Truck " will not attempt to deliver to the transfer station but will
instead come to the Twin Oaks Landfill.
The Town agrees not to deliver yard waste to the transfer station but has the option to deliver to
the Twin Oaks Landfill.
The County agrees to accept separated recyclables from the Town at the Recycling Facility
located at the Twin Oaks Landfill in the event the Town wishes to pursue such opportunity.
It is recommended these terms be enacted with the transportation fee being assessed to all
haulers as ofDecember 1, 2010.
Commissioner Johnson asked Lambert if the $10 per ton was sufficient to deliver the
waste from the transfer station to the main facility on Twin Oaks Road.
Lambert said yes.
Commissioner Keadle said he was understanding the county was not treating
governmental agencies any better than private entities.
Lambert said this was correct.
OTION by Commissioner Mitchell to approve the $10 per ton transportation fee on all
household waste delivered to the Mooresville Transfer Station by any municipal or commercial
haulers effective December I, 2010.
VOTING: Ayes — 5; Nays — 0.
Request from the Iredell-Statesville School System for the Release of a High Density
Bond in Connection with the Lake Norman High School Detention Ponds: Assistant County
Manager Ron Smith said the school system in 2008 posted a $203,000 bond to insure the
completion of two wet detention ponds at Lake Norman High. He said that in June of 2009, the
system asked for release of the bond due to the completion of the work. Smith said 75%
($152,000) of the amount was approved. He said the remaining 25% was not released due to
problems at the ponds. Smith said the county's erosion control officer had now inspected the
ponds, and everything was in order. He recommended the release of the remaining bond funds of
$50,813.25.
MOTION by Commissioner Robertson to approve the bond release.
VOTING: Ayes — 5; Nays — 0.
Request for Approval of Budget Amendment #17 to Recognize Lottery Proceeds
and Appropriate to the Iredell-Statesville Schools for Projects at Troutman Middle,
Troutman Elementary, the Career Tech Center, Woodland Heights, and Union Grove
Elementary: Finance Director Susan Blumenstein said that on October 5, 2010, Dr. Kenny
Miller, with the Iredell-Statesville Schools, requested the drawdown of $1,330,295 in lottery
proceeds for several projects. She said the projects were approved by the NC Department of
Public Instruction, and the funds were transferred to the county. Blumenstein said a budget
amendment was now needed to reimburse the school system.
3
MOTION by Commissioner Keadle to approve Budget Amendment #17.
VOTING: Ayes — 5; Nays — 0.
Request for Approval of a Three -Year Lease with the North Carolina Department of
Environment & Natural Resources (NCDENR) for Office Space at the Agricultural Resource
Center: County Manager Mashburn said the NCDENR had leased 504 sq. ft. of space at the
Agricultural Resource Center for several years. He said the agency paid $399.16 a month, and a
request had been made to continue the lease for another three years.
OTION by Commissioner Keadle to approve the lease.
VOTING: Ayes — 5; Nays — 0.
Request for Preliminary Review of a Draft Code of Ethics: County Manager Mashburn
said that in accordance with G.S. 160A-86, the board of commissioners, as well as many other public
bodies, had to adopt a code of ethics policy or resolution by January 1, 2011. He said the ratified bill
required that five items be addressed in the document. (The items are listed below.)
1. The need to obey all applicable laws regarding of actions taken as a hoard member.
2. The need to uphold the integrity and independence of the board member's office.
3. The need to avoid impropriety, in the exercise of the boardmember's official duties.
4. The need to faithfully perform the duties ofthe office.
5. The need to conduct the of of the governing board in an open and public manner, including
complying with all applicable laws governing open meetings and public records.
Continuing, he said three editions of codes had been supplied for the board's review. (The
first edition contained the minimum requirements, the second edition was a copy of the code
approved by Guilford County, which was a more comprehensive document, and the third edition was
a copy of the code adopted in Lee County. This Lee County Code, while more comprehensive than
the first edition, was not as broad in scope as the one adopted by Guilford County.)
Commissioner Johnson said during the past 16 years, while he had been on the board, it had
been a privilege and honor to serve with some of the most ethical people he had ever met. He said,
"Never at any time did I have any doubt that they were doing what they thought was in the best
interest of the county and taxpayers. I contrast that with the fact that the gentleman who was the
Speaker of the North Carolina House while this legislation was put forth just got out of federal
prison. As far as my part, the second and third editions (examples of codes from Guilford and Lee
Counties) are wasted words. They are totally unnecessary. Again, I congratulate the present board,
and I thank the previous boards. They were governed from within. Instinctively, they did not do
anything that was unethical, and I think this county has been blessed as a result of it. I'm okay to
approve the first edition that was presented."
OTION by Commissioner Keadle to approve the first edition.
VOTING: Ayes — 5; Nays — 0.
A copy of the adopted code, as described as the first edition, is as follows:
4
To recognize proceeds of Lottery Proceeds and appropriate to Iredell-Statesville
Schools for Troutman Middle, Troutman Berrentary, Career Tech, Vbodland Heights,
BA#17
and Union Qove Dem
11/9/2010
Account #
Current Change Amended
General
Fund
104700457101
Lottery Proceeds - ISS
(430,000)
(1,330,296)
(1,760,296)
105700 560004
ISS - Lott ects
430,000
1,330,296
1,760,296
Request for Approval of a Three -Year Lease with the North Carolina Department of
Environment & Natural Resources (NCDENR) for Office Space at the Agricultural Resource
Center: County Manager Mashburn said the NCDENR had leased 504 sq. ft. of space at the
Agricultural Resource Center for several years. He said the agency paid $399.16 a month, and a
request had been made to continue the lease for another three years.
OTION by Commissioner Keadle to approve the lease.
VOTING: Ayes — 5; Nays — 0.
Request for Preliminary Review of a Draft Code of Ethics: County Manager Mashburn
said that in accordance with G.S. 160A-86, the board of commissioners, as well as many other public
bodies, had to adopt a code of ethics policy or resolution by January 1, 2011. He said the ratified bill
required that five items be addressed in the document. (The items are listed below.)
1. The need to obey all applicable laws regarding of actions taken as a hoard member.
2. The need to uphold the integrity and independence of the board member's office.
3. The need to avoid impropriety, in the exercise of the boardmember's official duties.
4. The need to faithfully perform the duties ofthe office.
5. The need to conduct the of of the governing board in an open and public manner, including
complying with all applicable laws governing open meetings and public records.
Continuing, he said three editions of codes had been supplied for the board's review. (The
first edition contained the minimum requirements, the second edition was a copy of the code
approved by Guilford County, which was a more comprehensive document, and the third edition was
a copy of the code adopted in Lee County. This Lee County Code, while more comprehensive than
the first edition, was not as broad in scope as the one adopted by Guilford County.)
Commissioner Johnson said during the past 16 years, while he had been on the board, it had
been a privilege and honor to serve with some of the most ethical people he had ever met. He said,
"Never at any time did I have any doubt that they were doing what they thought was in the best
interest of the county and taxpayers. I contrast that with the fact that the gentleman who was the
Speaker of the North Carolina House while this legislation was put forth just got out of federal
prison. As far as my part, the second and third editions (examples of codes from Guilford and Lee
Counties) are wasted words. They are totally unnecessary. Again, I congratulate the present board,
and I thank the previous boards. They were governed from within. Instinctively, they did not do
anything that was unethical, and I think this county has been blessed as a result of it. I'm okay to
approve the first edition that was presented."
OTION by Commissioner Keadle to approve the first edition.
VOTING: Ayes — 5; Nays — 0.
A copy of the adopted code, as described as the first edition, is as follows:
4
Code of Ethics for the
Board of Commissioners of
Iredell County, North Carolina
PREAMBLE
WHEREAS, the Constitution of North Carolina, Article I, Section 35, reminds us that a "frequent
recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty," and
WHEREAS, a spirit of honesty and forthrightness is reflected in North Carolina's State Motto, Esse
Quam Videri, "To Be Rather than to Seem," and
WHEREAS, Section 160A-86 of the North Carolina General Statutes requires local governing
boards to adopt a code of ethics, and
WHEREAS, as elected local government officials we are charged with upholding the trust of the
citizens of Iredell County, North Carolina and with obeying relevant laws.
NOW THEREFORE, BE IT RESOLVED in recognition of our blessings and obligations as citizens
of the State of North Carolina and as elected local government officials representing the citizens of the
County of Iredell, and acting pursuant to the requirements of Section 160A-86 of the North Carolina
General Statutes, we the members of the tredell County Board of Commissioners, do hereby adopt the
following general principles and code of ethics to guide the Iredell County Board of Commissioners in
lawful decision-making. (Hereinafter the term board members shall be used interchangeably when
referring to the Iredell County Board of Commissioners.)
CODE OF ETHICS
Section 1.
Board members shall take care to obey all laws that apply to their official actions as
board members.
Section 2.
Board members shall act with integrity and with independence from improper
influence as they exercise the functions of their offices.
Section 3.
Board members shall avoid impropriety in the exercise of their official duties.
Section 4.
Board members shall be faithful in the performance of the duties of their offices.
Section 5.
Board members shall conduct all of the affairs of the county in an open and public
manner. This includes
complying with all applicable laws governing open meetings and public records.
Request for Approval of the October 26, 2010 Minutes: MOTIO by Commissioner
Keadle to approve the minutes as presented.
VOTING: Ayes — 5; Nays — 0.
Request for Approval of Budget Amendment #18 in the Amount of $45,000 for the
Appropriation of Federal Equity Sharing Funds for Special Operations in the Sheriff's
Department: Captain Mike Phillips, with the Sheriff's Department, requested approval to
transfer $45,000 from seized funds to the Special Operations line item.
Commissioner Robertson asked if more information could be supplied.
Phillips said the matter requiring the fund transfer was of a confidential nature. He said
the department budgeted less for Special Operations this year, and as such, a transfer was
needed.
Commissioner Keadle asked if the board had a committee, or someone, who had
oversight over the money.
Chairman Norman and County Manager Mashburn said there was no one.
Commissioner Keadle suggested that under New Business, a discussion occur about
having at least one board member designated to be informed about how the special operations
funds were being spent.
OTION by Commissioner Johnson to approve Budget Amendment #18.
VOTING: Ayes — 5; Nays — 0.
5
departmxt
.
BA#18
11/9/2010
Account# Current Change Arended
General
Fuld
104880 499404 Appro. Fund Bdance- FES (42,398) (45,000) (87,398)
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Recreation Advisory Board (4 announcements)
Zoning Board of Adjustment (4 announcements)
Board of Health (4 announcements)
Home & Community Care Block Grant Committee (6 announcements)
Farmland Preservation Board (1 announcement)
Criminal Justice Partnership Program Committee (6 announcements)
APPOINTMENTS TO BOARDS & COMMISSIONS
Crossroads Behavioral Healthcare Board of Directors (1 appointment): No nominations
were submitted, and Commissioner Mitchell made a motion to postpone the appointment.
VOTING: Ayes — 5; Nays — 0.
Animal Grievance Committee (1 appointment): Commissioner Keadle nominated Sidney Weisner.
No other nominations were submitted, and Chairman Norman made a otion to appoint
Weisner by acclamation.
VOTING: Ayes — 5; Nays — 0.
Region F Aging Advisory Committee (1 appointment): No nominations were submitted,
and Commissioner Robertson made a motio to postpone the appointment
VOTING: Ayes — 5; Nays — 0.
Nursing Home Advisory Committee (1 appointment from Reminder List): Commissioner
Robertson nominated Tameka Cooper.
No other nominations were submitted, and Chairman Norman made a klmqon to appoint
Cooper by acclamation.
VOTING: Ayes — 5; Nays — 0.
NEW BUSINESS
Rules of Procedure Suspended for Meetings on the First Monday in December 2010:
Commissioner Robertson said the Rules of Procedure stipulated that on the first Monday in
December, following a general election, the incumbent board would meet at 9 a.m., followed by
the oaths of office at 10:30 a.m., and an organizational meeting at 11:00 a.m. He asked, for this
year only, if the meetings could occur earlier.
No objections were voiced, and Commissioner Robertson made a motio to suspend the
Rules, for this year only, with the meetings to be held as follows:
8:15 a.m. Incumbent Board Meeting
8:30 a.m. Oaths of Office
9:00 a.m. Organizational Meeting
VOTING: Ayes — 5; Nays — 0.
6
Seized Fund Transfers to Special Operations in the Sheriff's Department: Commissioner
Keadle requested that time be allotted on the next agenda for a discussion regarding the need for at
least one commissioner to be aware of any budget amendments made regarding special operations
in the sheriff's department.
COUNTY MANAGER'S REPORT
Farm City Week Dinner: County Manager Mashburn reminded the board members about
the 6:00 p.m., Farm -City Dinner on November 16 at the Agricultural Center.
CLOSED SESSION: MOTION by Chairman Norman, pursuant to Economic
Development — G.S. 143-318.11 (a) (4), to enter into closed session.
VOTING: Ayes — 5; Nays — 0.
(RETURN TO OPEN SESSION AT 8:03 P.M.)
REQUEST FOR AN AMENDMENT TO A PREVIOUS NGK CERAMICS
ECONOMIC DEVELOPMENT AGREEMENT: MOTION by Commissioner Johnson to
amend the $58 million investment incentive previously approved for NGK Ceramics by lowering
the investment amount to $19 million for an incentive of $341,000 over a five-year period.
VOTING: Ayes — 5; Nays — 0.
CALL FOR A PUBLIC HEARING ON NOVEMBER 23, 2010 REGARDING A
POSSIBLE ECONOMIC DEVELOPMENT INCENTIVE FOR NGK CERAMICS:
MOTTO by Commissioner Johnson to call for a public hearing on November 23, 2010, at 7:00
P.M., regarding an economic development incentive of $717,000.00, over a five-year period, for
NGK Ceramics based on a $43.9 million investment in Iredell County.
VOTING: Ayes — 4; Nays — I (Keadle)
ADJOURNMENT: There being no further business to conduct, the meeting adjourned
at 8:05 P.M. (NEXT MEETING: Tuesday, November 23, 2010 at 7:00 P.M., in the Iredell
County Government Center, 200 South Center Street, Statesville, NC.)
Approval:
7
Clerk to the Board