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HomeMy WebLinkAboutApril 5 2011 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES APRIL 5, 2011 The Iredell County Board of Commissioners met on Tuesday, April 5, 2011, at 7:00 P.M., in the Iredell County Government Center (Commissioners' Conference Room), 200 South Center Street, Statesville, NC. Board Members Present Chairman Steve Johnson Vice Chairman Marvin Norman Renee Griffith Frank Mitchell Absent: Ken Robertson Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy County Manager Tracy Jackson, Assistant County Manager Ron Smith, Fire Marshal Ronny Thompson, Solid Waste Director David Lambert, Purchasing Agent Dean Lail, and Transportation Director Ben Garrison. CALL TO ORDER by Chairman Johnson INVOCATION by Chairman Johnson PLEDGE OF ALLEGIANCE led by Boy Scout Nicholas Coover with Troop 363 affiliated with New Salem United Methodist Church. ADJUSTMENTS OF THE AGENDA: MOTION by Vice Chairman Norman to approve the agenda as presented. VOTING: Ayes — 4; Nays — 0. PRESENTATION OF SPECIAL RECOGNITIONS AND AWARDS Request for Approval of a Proclamation for Iredell County Government Month — April 2011, With this Year's Theme Being: "Serving Our Veterans, Armed Forces and their Families:" Deputy County Manager Tracy Jackson said the purpose of County Government Month was to promote county government services and programs, and this year the theme pertained to services for veterans, armed forces and their families. Accompanying Jackson to the meeting were representatives from the county departments. Jackson said their attendance signified the appreciation that county employees had for the veterans, the armed forces members and their families. As a part of the recognition, Jackson asked military veterans in the audience to stand, and those present included four veterans of the Army, one from the Navy, three from the Marines, and one from the Coast Guard. Jackson then read a proclamation as follows: Proclamation for Iredell County CovernmentMonth—Apri12011 "Serving Our Veterans, Armed Forces and Their Families" WHEREAS, the nation's 3,068 counties provide a variety of essential public services to communities serving more than 300 million Americans; and WHEREAS, Iredell County and all counties take seriously their responsibility to protect and enhance the health, welfare and safety of its residents in sensible and cost-effective ways; and WHEREAS, Iredell County honors and thanks our residents who have served this country through military service; and WHEREAS, county government delivers many important services to America's veterans, military service members and their families, including physical and mental health, housing, employment, and justice; and WHEREAS, the National Association of Counties is the only national organization that represents county governments in the United States; and WHEREAS, the National Association of Counties has encouraged counties across the country to actively promote their own programs and services. NOW, THEREFORE, BE IT RESOLVED THAT the Iredell County Board of Commissioners hereby proclaims April 2011 as Iredell County Government Month and encourages all citizens to honor our veterans, our members of the armed forces and their families, as well as the individuals who provide public services to them. ------------------------------------- MOTTO by Commissioner Griffith to adopt the proclamation as presented. VOTING: Ayes — 4; Nays — 0. In addition to the proclamation, Jackson played a patriotic music video that included a song written by Commissioner Renee Griffith and sung by singer Jamie Tate. Request for Approval of a Child Abuse Prevention Month Proclamation: Attending the meeting to accept the proclamation was Stop Child Abuse Now Executive Director Amy Eisele and Iredell County Social Services Director Yvette Smith. Commissioner Renee Griffith then read the proclamation, as follows, and presented it to Eisele and Smith. Proclamation for Child Abuse Prevention Month WHEREAS, preventing child abuse and neglect is a community responsibility affecting both the current and future quality of life of a community; and WHEREAS, child maltreatment occurs when people find themselves in stressful situations, without community resources, and not knowing how to cope; and WHEREAS, the majority of child abuse cases stem from situations and conditions that are preventable in an engaged and supportive community; and WHEREAS, child abuse and neglect not only cause immediate harm to children, but are also proven to increase the likelihood of criminal behavior, substance abuse, health problems such as heart disease and obesity, and risky behavior such as smoking; and WHEREAS, all citizens should become involved to provide safe, nurturing environments for children in all areas of their lives — at home, in school, and in the community — offering them the opportunity to grow up to be caring, contributing members of the community; and WHEREAS, effective child abuse prevention programs succeed because of partnerships created among citizens, social service agencies, schools, faith communities, civic organizations, law enforcement agencies, and the business community. NOW, THEREFORE BE IT RESOLVED that the Iredell County Board of Commissioners hereby proclaims April as Child Abuse Prevention Month and calls upon all citizens, community agencies, faith groups, medical facilities, elected leaders and businesses to increase their participation in the efforts to support families, thereby preventing child abuse and strengthening the communities in which we live. APPOINTMENT BEFORE THE BOARD Presentation of the Annual Report for the Adult Care Home Community Advisory Committee and the Nursing Home Advisory Committee by Centralina Council of Governments Ombudsman Cindy Kincaid: Ombudsman Kincaid, who was accompanied to the meeting by Janet Hall, the Chairman of the Iredell County Adult Care Home Community Advisory Committee, gave the following information about the two committees: 2 • In the Centralina Region, there are 250 volunteers serving on the committees. • The volunteers receive 15 hours of initial training with 8 hours of on-going training each year, plus there are quarterly business meetings. • The Ombudsman program provides the following services for the volunteers: conducts the training, provides technical assistance and explains/interprets state and federal regulations as well as the Residents' Bill of Rights, assists in organizing residents and family councils within the homes and offers guidance in complaint resolution. • One challenge is obtaining enough volunteers to serve on the committees. • Region F has over 15,000 long term care beds making it the largest in the state. • Iredell County, alone, has 739 nursing home beds and 774 adult care home beds. • There is a rising number of younger residents with mental illness being placed in the homes. Chairman Johnson thanked Ms. Kincaid for her work on behalf of the nursing and adult care home residents and their families. PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Consideration of an Economic Development Incentive for an Undisclosed Company (Project Skybrook): Economic Developer John Marek, with the Greater Statesville Development Corporation, said a Troutman company was considering a major expansion consisting of a 20,000 sq. foot addition, along with the creation of three manufacturing production lines, and the creation of 35 new jobs. Marek said the project, known as Skybrook, would have a total capital investment of $10 million ($1 million for construction costs and $9 million for capital equipment/fixtures) over a two-year period. Marek recommended that Project Skybrook receive an incentive of $142,000.00 over a five-year period. Commissioner Griffith asked what happened if the company failed to meet the commitments. Marek said the company would pay its taxes, and assuming all of the criteria had been met, it would apply for an 80% tax rebate. He said that if the company did not comply with the guidelines, the rebate wasn't paid. No one else desired to speak, and Chairman Johnson adjourned the hearing. OTION by Commissioner Mitchell to approve the $142,000 incentive, over a five-year period, based on the company's investment of $10 million and contingent upon an agreement being executed within 180 days. VOTING: Ayes — 4; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Consideration of a Hazardous Materials Response Ordinance: Deputy County Manager Tracy Jackson said the Town of Mooresville was requesting an addition to the Iredell County Code for the purpose of allowing the Mooresville Fire Department to recover costs associated with Hazardous Materials Response. He said the Mooresville Fire Department was the lead Iredell County agency in providing the appropriately trained and equipped hazardous materials technicians for responses to chemical spills and leaks. Jackson said the ordinance would allow the Mooresville Fire Department to invoice responsible parties for the fire department responses, and this would help cover the costs for paid personnel and equipment/supplies used during each incident. (Chief Wes Green, with the Mooresville Fire Department, was in attendance at the meeting but did not speak.) Commissioner Griffith asked if the costs were only for the clean up. Jackson said the clean up would have a separate cost. He said the ordinance would allow the fire department to recover its operating costs (hourly wages, equipment/supplies used for the incident), and another company, usually a private firm, would provide the clean up. Commissioner Griffith asked if Mooresville responded to requests throughout the entire county. 3 Jackson said there was an agreement to allow Mooresville to provide these types of services for the entire county. He said Federal Homeland Security grant funding was used to purchase the specialized equipment. No one else desired to speak, and Chairman Johnson declared the public hearing closed. MOTION by Vice Chairman Norman to approve the Hazardous Materials Response Ordinance. VOTING: Ayes — 4; Nays — 0. The ordinance is as follows: Article L In General Sec. x -l. Title. This article shall be known as the "Iredell County Hazardous Material Response and Clean-up Code. " Sec. x-2. Purpose and authority. The Chief Officer of the local hazardous materials response agency, Emergency Management Personnel, Commanding Fire Officer, or their respective designee shall have the authority to summarily abate, remove, or remedy hazardous materials which are emitted into the environment or are left unattended in such a manner as to endanger the health or safety of the general public or the environment. The chief officer or his designee shall have the authority to enter public or private property, with or without the owner's consent, to respond to such hazardous materials emergencies. The chief officer or his designee shall determine the type, amount and quantity of equipment and personnel required to adequately abate, remove, or remedy all hazardous materials which are emitted into the environment or which are left unattended in such a manner as to endanger the health or safety of the general public or the environment. Sec. x-3. Definitions. All terms used in this article shall have the meanings as set forth in North Carolina General Statute § 160A-21. Sec. x-4. Responsibility; fees and charges. For the purposes of this ordinance, "Responsible Party" shall mean any property owner, persons exercising or having control over hazardous materials, or property owners or persons that create a hazardous materials emergency. The responsible party, shall be financially liable for the response, abatement, and remedial costs incurred by the local hazardous materials response agency or a designated removal company during the emergency. The property owner or the person exercising control over such hazardous materials shall assist the hazardous materials response agency or a designated removal company in abatement, removal and remedial measures associated with the hazardous material emergency. Assistance shall consist of any or all of the ,following.- (1) ollowing:(1) Compliance with the direction of the hazardous materials response agency. (2) Supply of emergency response plan information for the site. (3) Supply of emergency response equipment, personnel and materials available on site. Sec. x-5. Payment and collection of charges and penalties. (a) Any, fees or charges assessed pursuant to section x-4 above shall be in writing and delivered to the responsible party as set forth in section x-4, by personal delivery, or certified mail and shall be payable within thirty (30) days of the date of assessment. (b) Any fees or charges not paid within thirty (30) days shall be a Lien upon the land or premises where the abatement took place, and shall be collected as unpaid taxes pursuant to the authority of North Carolina G.S. §160A-193 and 153A-140. (c) Any charge not paid within the required time period shall be considered a debt and may be collected as such. (d) All attorney's fees or costs of collection on any fees or charges not paid as provided herein shall be considered apart of such fees or charges and subject to collection as set forth in this section. Request from the Iredell County Fire Tax Board & the Central Volunteer Fire Department for Approval of Budget Amendment #36 in the Amount of $48,053.30 for Equipment to Meet the Requirements Necessary for Reductions in the Insurance Services Office (ISO) Ratings: Iredell County Fire Marshal Ronny Thompson and Iredell County Fire Tax Board Chairman Frank Phillips presented this request. Thompson said the Central VFD in June of this year would be inspected 4 and a reduction in the ISO rating was a goal. He said a $48,053 budget amendment was needed to purchase equipment that would help achieve a lower rating. Chairman Johnson said it was understood the $48,053 would address deficiencies in the department's equipment to help qualify for a better rating. Thompson said the funds would be for new equipment. Commissioner Griffith asked if the current rating was at a nine (9). Thompson said yes. Griffith asked what the rating would become with the new equipment. Thompson said a six (6) rating was trying to be achieved. He said Central's rating would probably be a high six or low seven. Griffith asked if the money had been designated through the fire taxes. Thompson and Phillips said yes. OTIO by Commissioner Mitchell to approve Budget Amendment #36. VOTING: Ayes — 4; Nays — 0. Request for the Authorization to Demolish a Boiler Building at the Iredell County Government Center -South (ICGC-S) and for a Waiver of the Associated Solid Waste Tipping Fees: Purchasing Agent Dean Lail said that when the Iredell County Government Center -South (ICGC- S) was purchased, an older boiler building containing two boilers was at the rear of the property. He said the building had already been disconnected from the ICGC-S heating element, and it had fallen into disrepair making it subject to vandalism. Lail said it was felt the area could be better used as open space, or for parking, and the staff was requesting authorization to demolish the building. He said a local company had submitted a proposal to provide the demolition work and to remove the asbestos for $20,270. Continuing, Lail said the board had previously authorized the demolition of an old EMS bay (modular unit) behind the boiler builder, and the company could demolish both structures. Lail also asked the board for permission to waive the tipping fees for the construction and demolition debris disposal at the landfill. Commissioner Griffith asked if the company (TERRY LYNN) was asbestos certified. Lail said yes, and the company had provided this type of service for several years. Griffith asked if the boiler building was in such bad disrepair that it couldn't wait another year. Lail said it probably could; however, it was felt this was the best time monetarily to demolish the structure. Griffith asked where the funds would be derived for the demolition. Lail said janitorial contracts were recently re -bid and savings resulted, plus there were funds remaining in the Facility Services budget that could be used. 5 To appropriate fund balance in the County \Ude Fre Tax ford to Centre] SdW VFD for fire truck BA#36 apparatus. 415W 1 Amount # Current Change Amended Co r* -Wide Fire Tac Fund 204880 499500 Appropriated Fund Bdance (374,141) (48,054) (422,195) Central Schod 205525 537601 VFD 716,203 48,054 764,257 Request for the Authorization to Demolish a Boiler Building at the Iredell County Government Center -South (ICGC-S) and for a Waiver of the Associated Solid Waste Tipping Fees: Purchasing Agent Dean Lail said that when the Iredell County Government Center -South (ICGC- S) was purchased, an older boiler building containing two boilers was at the rear of the property. He said the building had already been disconnected from the ICGC-S heating element, and it had fallen into disrepair making it subject to vandalism. Lail said it was felt the area could be better used as open space, or for parking, and the staff was requesting authorization to demolish the building. He said a local company had submitted a proposal to provide the demolition work and to remove the asbestos for $20,270. Continuing, Lail said the board had previously authorized the demolition of an old EMS bay (modular unit) behind the boiler builder, and the company could demolish both structures. Lail also asked the board for permission to waive the tipping fees for the construction and demolition debris disposal at the landfill. Commissioner Griffith asked if the company (TERRY LYNN) was asbestos certified. Lail said yes, and the company had provided this type of service for several years. Griffith asked if the boiler building was in such bad disrepair that it couldn't wait another year. Lail said it probably could; however, it was felt this was the best time monetarily to demolish the structure. Griffith asked where the funds would be derived for the demolition. Lail said janitorial contracts were recently re -bid and savings resulted, plus there were funds remaining in the Facility Services budget that could be used. 5 MOTIO by Commissioner Mitchell to approve the funds to demolish the structures and to authorize the tipping fee waiver. VOTING: Ayes — 3; Nays - 1 (Griffith) Request from the Sheriff's Office for Approval of a Records Retention & Disposition Schedule & Amendment as Issued by the North Carolina Department of Cultural Resources (Government Records Branch): County Manager Mashburn said the sheriff was recommending approval of a records retention and disposition schedule and amendment. Mashburn said the schedules were periodically issued by the North Carolina Department of Cultural Resources, and board approval was required. MOTION by Vice Chairman Norman to approve the County Sheriffs Office Records Retention and Disposition Schedule and Amendment as issued by the NC Department of Cultural Resources. VOTING: Ayes — 4; Nays — 0. Request from the Town of Troutman for Approval of an Easement Agreement in Conjunction with the Construction of a Greenway Across the Fairgrounds Property: Assistant County Manager Ron Smith said the Town of Troutman was trying to acquire an easement across the county fairgrounds to assist in the expansion of a greenway that currently ended at the Old Murdock Road. Smith said the Town desired to remove existing railroad tracks and build an asphalt trail. He said the Carolina Thread Trail had determined that an extension of the greenway was a priority project, and private funds could be used. Smith said the Lowes Corporation had contributed $250,000 for future trail projects in Iredell County, and Troutman had requested $150,000. He said first, however, property easements had to be acquired. Troutman Planner Erika Martin said the existing 0.9 mile Richardson Greenway extended along a former rail corridor between Eastway Drive and Hwy. 21. She said the greenway expansion would continue to follow the rail corridor, but it would become more scenic as it steered away from traffic. Martin said the proposed 10 foot wide multi -use asphalt greenway would extend 0.8 miles and include a 20 -foot easement. She said Carolina Thread Trail construction funds of $150,000 would be requested, and the Town would provide the signage, for example, "street crossing." Troutman Mayor Elbert Richardson said there had been many citizen requests for the current greenway to be extended, and property had been purchased for extension to the south. He said an ultimate goal would be through Barium Springs (underground tunnel) to South Iredell High. Chairman Johnson said that with the greenway proposal, there had been concerns about the marketability of the fairgrounds if the county ever decided to sell the land. He asked Attorney Pope if the county would be better off approving an easement or a right of way. Attorney Pope said there wouldn't be a substantial difference. Johnson asked if there might be a method to grant Troutman's request, while at the same time having a mechanism stipulating the greenway would be re-routed, if needed, by subsequent owners. He also mentioned that the land between the proposed greenway and road wasn't owned by the county. Commissioner Mitchell said future owners of the fairgrounds might want to close the area off. He asked if the county could agree to allow Troutman to use the property now; however, in the future there might be other uses. Attorney Pope said the county could impose conditions, for example, (1) the easement might only exist for a certain number of years (2) the easement could exist until revoke (3) the easement might be good until there was a 60 day notice before termination or (4) the easement would allow the county to cross the property at any time. Chairman Johnson asked if the crossing rights could be transferrable to future fairgrounds owners. He asked the Troutman officials if they had any problems with this type of arrangement. Troutman Planner Martin said there would be no problems, and that Barium Springs had expressed similar language. 6 Troutman Mayor Richardson said crossing rights would be preferred over having a set time, as in five years, for the easement. Commissioner Mitchell said the roadway, during the county fair, was very congested. He asked if pedestrians would have the right of way in crossing the trail. Richardson said pedestrians already had the right of way, and when the fair was held, all of the Troutman police assisted at the event. Martin said the greenway would actually benefit the pedestrians walking to the fair. Commissioner Griffith asked how far the greenway would be extended with the $150,000. Martin said the greenway would just about be doubled. Commissioner Griffith asked if the Town anticipated any damage from vehicles crossing over the greenway. Martin said this should not be a problem. Griffith asked if the project would be placed on hold if no funding was received from the Carolina Thread Trail. She also asked if the Troutman officials would approach the county for financial assistance if no funds came from the thread trail. (Response from the Town officials was inaudible.) Griffith asked if any functions or groups would be affected by the easement's approval. Richardson said no. Attorney Pope asked the width of the county property where the driveway crossed. Smith said approximately 250 feet. Attorney Pope asked Smith if there would be any problems with the county retaining a 60 ft. crossing easement. Smith said he didn't think so. Attorney Pope asked about any extra costs that might be incurred as a result of ramping up the crosswalk and ramping it back down. Martin said the fees for the ramp were already included -- there would be no county fees. Chairman Johnson asked if Troutman would be willing to place temporary signs to warn walkers when there were all day fairgrounds events. He said this would provide a warning that the walkers needed to watch for traffic. The Troutman officials said they would be willing to accept this (temporary signs) as a condition. MOTION by Chairman Johnson to approve the request with the following conditions: 1. Any crossing rights possessed by the county now will be transferrable in the event the property is sold (crossing rights will be transferrable to a subsequent property owner). 2. During events, there will be some type of signage set out and provided by the Town of Troutman to alert people that motor traffic will be crossing the Thread Trail. VOTING: Ayes — 4; Nays — 0. 7 Request for Approval of a Resolution to Continue Participation, as a Non -Active Member, of the Cabarrus/Iredell/Rowan HOME Consortium: Assistant County Manager Ron Smith said (1) the HOME consortium program was established in 1996, (2) it existed due to a federal entitlement program, and (3) Iredell County had been a non-active member since 1996. He said consortium provided affordable housing to low and moderate income residents of Cabarrus, Rowan and Iredell Counties. Smith said it was required for Iredell County to be a member in order for local municipalities to participate. He said the entire region in 2011 received over $1.2 million from the program, and this included $103,000 for Statesville and $86,893 for Mooresville. Smith said a resolution was needed to participate in the consortium, but no money would be required. Commissioner Griffith asked, assuming the resolution passed, if the county would remain in the non-active status. Smith said yes, unless the board directed him to change the status. Griffith said an active status required a 25% match. Smith said this was correct. Griffith said she understood there was no fee for an inactive status. Smith said this was correct. OTION by Commissioner Mitchell to approve the Cabarrus/Iredell/Rowan HOME Consortium resolution. VOTING: Ayes — 4; Nays — 0. 8 Request to Call for a Public Hearing on April 19, 2011 Regarding a Proposed Federal Transit Administration Section 5310 Elderly and Disabled Grant to be Submitted through the North Carolina Department of Transportation: Transportation Director Ben Garrison said this grant would begin on July 1, 2011 and expire on June 30, 2013. He said the purpose of the grant would be to provide new or expanded services for the elderly and disabled. Garrison said there were increasing concerns about funding cuts in the Rural Operating Assistance Program, which provided the local match for this particular grant, and if this occurred, the only alternative would be to reduce services. Garrison said the two-year $150,000 elderly and disabled grant would consist of 50% federal funds and 50% local (ROAP funds). MOTION by Commissioner Griffith to call for a public hearing on April 19 regarding the grant. VOTING: Ayes — 4; Nays — 0. Request to Call for a Public hearing on April 19, 2011 Regarding a Proposed Federal Transit Administration Job Access and Reverse Commute Grant (JARP) to be Submitted through the North Carolina Department of Transportation: Transportation Director Ben Garrison said this grant would continue a previous one that expired on June 30. He said the grant targeted employment transportation for low-income workers, and from July 1, 2010 through February 28, 2011, over 19,000 miles had been provided. He said the $200,000 grant would be 50% federal funds and 50% local. (ROAP funds will be used for the local match). OTION by Commissioner Griffith to call for a public hearing on April 19 regarding the Job Access and Reverse Commute Grant. VOTING: Ayes — 4; Nays — 0. Request for Approval of a Property Owner's Offer to Sell Parcel #4754849142.000 for $26,510 plus Closing Costs: Solid Waste Director David Lambert said a property owner had approached him about selling a tract of land adjacent to the old landfill. Lambert said the purchase would be beneficial as it would increase the county's buffer area. He said the owners had offered to sell the property at $3,250 an acre, and it consisted of 8.16 acres. OTION by Commissioner Mitchell to accept the owner's offer and to purchase the property. VOTING: Ayes — 4; Nays — 0. Request for Review and/or Completion of a Questionnaire for the North Carolina Association of County Commissioners Regarding District Meetings: County Manager Mashburn requested the board members to review a questionnaire, submitted by the NCACC, for use at district meetings. Mashburn mentioned that he and Commissioner Griffith would be attending one of the meetings on April 7 in Wilkesboro. The questions were: 1. Please state with specificity your county's No. 1 issue of concern about the state budget. (Please tell us why it is No. 1, and how it specifically impacts your county, including projected revenue losses or additional costs incurred.) 2. What have you heard from your legislators on this subject? (Please let us know who said what) 3. Please state with specificity your county's No. I non -budget related legislative issue. (State why it is No. 1, and how it specifically impacts your county, including projected revenue loss or additional costs incurred.) 4. What have you heard from your legislators on this subject? Commissioner Johnson said his concerns were (1) the state trying to shift further costs onto the counties and (2) the state trying to use the fund balances of the counties. 9 Request for Approval of the March 4, 5, & 15, 2011 Minutes: MOTION by Commissioner Norman to approve the captioned minutes as presented. VOTING: Ayes — 4; Nays — 0. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS • Adult Care Home Community Advisory Committee (2 announcements) APPOINTMENTS TO BOARDS & COMMISSIONS Nursing Home Advisory Committee (2 appointments): Commissioner Johnson nominated Mary Jane Sutton for a reappointment. No other nominations were submitted, and Chairman Johnson made a motion to appoint Sutton by acclamation. VOTING: Ayes — 4; Nays — 0. COUNTY MANAGER'S REPORT: County Manager Mashburn reminded the board about the following events: •NCACC District Meetings will be held throughout the state in April; *County Manager's Forum will be held in Raleigh on April 8 (main topic of discussion will be the state's budget impact on the counties); • County department budget requests are currently being reviewed; • There will be a Retiree & Service Awards Breakfast on Friday, April 15. Mashburn thanked Commissioner Griffith for allowing the county to use her song for the County Government Month observance. CLOSED SESSION: MOTION by Chairman Johnson at 8:15 P.M. to enter into closed session pursuant to Economic Development — G.S. 143-318.11 (a) (4) and Personnel - G.S. 143-318.11 (a) (6). VOTING: Ayes -4; Nays -0. (RETURN TO OPEN SESSION AT 9:00 P.M.) MODIFICATION TO KOOKS CUSTOM HEADERS ECONOMIC DEVELOPMENT INCENTIVE: OTION by Commissioner Mitchell to approve a modification to the incentive agreement for Kooks Custom Headers by lowering the incentive to $64,608.00, over a five-year period, based on a $3.7 million capital investment. VOTING: Ayes - 4; Nays — 0. ADJOURNMENT: MOTION by Commissioner Mitchell to adjourn the meeting at 9:01 p.m. (NEXT MEETING: Tuesday, April 19, 2011 at 7:00 P.M., in the Iredell County Government Center, 200 South Center Street, Statesville, NC.) VOTNG: Ayes — 4; Nays — 0. Approval: 10 Clerk to the Board