HomeMy WebLinkAboutAugust 16 2011 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
AUGUST 16, 2011
The Iredell County Board of Commissioners met on Tuesday, August 16, 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
Ken Robertson
Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County
Manager Tracy Jackson, Fire Marshal Ronny Thompson, Transportation Director Ben Garrison, EMS
Director David Cloer, Health Director Donna Campbell, and Acting Clerk to the Board Retha Gaither.
CALL TO ORDER by Chairman Johnson
INVOCATION by Commissioner Renee Griffith
PLEDGE OF ALLEGIANCE
ADJUSTMENTS OF THE AGENDA: MOTION by Commissioner Mitchell to approve the
agenda as presented.
VOTING: Ayes — 5; Nays — 0.
APPOINTMENTS BEFORE THE BOARD
Britt Walden, a Statesville Resident, Desires to Speak in an Effort to Seek
Assistance in Obtaining an SBI Investigation into a Death and Fire that Occurred on his
Property in December 2007: Mr. Walden was not present.
PUBLIC HEARINGS
Consideration of a Closeout Report on the 2008 Community Development Block
Grant/Economic Development for the Providencia USA Rail Spur Project: Finance Director
Susan Blumenstein stated the 2008 Community Block Grant for the Providencia Rail Spur is complete.
The CDBG provided $527,700 of the total $903,611 project costs. Blumenstein pointed out that 56
new jobs were added as a result of this grant, with 39% of those jobs from very low income
households, less than 30% of the HUD Median Family Income; 30% were at the HUD 30-50% median
family income level; 28% were at the HUD 51-80% median family income and only 4 jobs were from
the 80% median income level. Blumenstein stated this project was a success in adding new jobs to the
county.
There were no public comments and Chairman Johnson adjourned the public hearing.
MOTION by Vice -Chairman Norman to approve the Closeout Report on the 2008 CDBG for
Providencia Rail Spur.
VOTING: Ayes — 5; Nays — 0.
Consideration of the FY 12 Rural Operating Assistance Program Grant Application from
the North Carolina Department of Transportation: Transportation Director Ben Garrison stated
the purpose of the public hearing was to allow citizens to comment on the FY 12 Rural Operating
Assistance Grant. The deadline for the application is September 30, 2011. Garrison stated the intended
use of the funds include $104,791 for elderly and disabled, $57,770 for employment and $122,162 for
rural general public. The Rural General Public does require a local match that is obtained from
passenger fares. These are state funds.
There were no public comments and Chairman Johnson adjourned the public hearing.
MOT10N by Commissioner Mitchell to approve the grant application.
VOTING: Ayes — 5; Nays — 0.
CERTIFIED STATEMENT
I. FY 2012
RURAL OPERATING ASSISTANCE PROGRAM
County of Iredell
WHEREAS, the state -funded, formula -based Rural Operating Assistance Program (ROAP) administered by the
North Carolina Department of Transportation, Public Transportation Division provides funding for the operating
cost of passenger trips and for other transportation services for counties within the state;
WHEREAS, the county uses the most recent transportation plans (i.e. CTSP, CTIP, LCP) available and other
public involvement strategies to learn about the transportation needs of agencies and individuals in the county
before determining the sub -allocation of these ROAP funds;
WHEREAS, the county government or regional public transportation authorities created pursuant to Article 25
or Article 26 of Chapter 160A of the General Statutes (upon written agreement with the municipalities or
counties served) are the only eligible recipient of Rural Operating Assistance Program funds which are allocated
to the counties based on a formula as described in the Program Guidelines included in the ROAP application.
NCDOT will disburse the ROAP funds only to counties and eligible transportation authorities and not to any
sub -recipients selected by the county;
WHEREAS, the county finance officer will be considered the county official accountable for the administration
of the Rural Operating Assistance Program in the county, unless otherwise designated by the Board of County
Commissioners;
WHEREAS, the passenger trips and transportation services provided with ROAP funds must be accessible to
individuals with disabilities and be provided without discrimination on the basis of national origin, creed, age,
race or gender (FTA C 4702. IA, FTA C 4704. 1, Americans with Disabilities Act 1990); and
WHEREAS, the period of performance for these funds will be July 1, 2011 to June 30, 2012 regardless of the
date on which ROAP funds are disbursed to the county.
NOW, THEREFORE, by signing below, the duly authorized representatives of the County of
Iredell North Carolina certify that the following statements are true and accurate:
• The county employed a documented methodology for sub -allocating ROAP funds that involved the
participation of eligible agencies and citizens. Outreach efforts to include the participation of the elderly
and individuals with disabilities, persons with limited English proficiency, minorities and low income
persons in the county's sub -allocation decision have been documented.
• The county will advise any sub -recipients about the source of the ROAP funds, specific program
requirements and restrictions, eligible program expenses and reporting requirements. The county will be
responsible for invoicing any sub -recipients for unexpended ROAP funds as needed.
• The county will monitor ROAP funded services routinely to verify that ROAP funds arc being spent on
allowable activities and that the eligibility of service recipients is being properly documented. The county
will maintain records of trips and services for five years that prove that an eligible citizen was provided an
eligible service or trip on the billed date, by whatever conveyance at the specified cost.
• The county will be responsible for monitoring the safety, quality and cost of ROAP funded services and
assures that any procurements by subrecipients for contracted services will follow state guidelines.
• The county will conduct regular evaluations of ROAP funded passenger trips and transportation services
provided throughout the period of performance.
• The county will only use the ROAP funds to provide trips and other transportation services when other
funding sources are not available for the same purpose or the other funding sources for the same purpose
have been completely exhausted.
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• The county assures that the required matching funds for the FY2012 ROAP can be generated from fares
and/or provided from local funds.
• The county will notify the Mobility Development Specialist assigned to the county if any ROAP funded
services are discontinued before the end of the period of performance due to the lack of funding. No
additional ROAP funds will be available.
• The county manager will provide written assurance to the Public Transportation Division that the
employment transportation needs in the county have been met prior to transferring any Employment
Transportation Program (EMPL) funds. The letter will describe the process used to make this
determination. Transfer of EMPL funds is prohibited if there are any unmet needs or service strategies in
the Coordinated Public Transit — Iluman Services Transportation Plan that have not been addressed.
• The county will provide an accounting of trips, services and expenditures in semi-annual reports to NCDOT
— Public Transportation Division or its designee.
• Any interest earned on the ROAP funds will be expended for eligible program uses as specified in
the ROAP application. The County will include ROAP funds received and expended in its annual
independent audit on the schedule of federal and state financial assistance. Funds passed through
to other agencies will be identified as such.
• The county is applying for the following amounts of FY 2012 Rural Operating Assistance Program
funds:
State -Funded Rural Operating Assistance Program
Allocated
Requested
Elderly & Disabled Transportation Assistance Program (EDTAP)
$104,791
$104,791
Employment Transportation Assistance Program (EMPL)
$57,770
$57,770
Rural General Public Program (RGP)
$122,162
$122,162
TOTAL
$284,723
$284,723
ADMINISTRATIVE MATTERS
Request from the Transportation Director for Approval of a Drug and Alcohol Policy for
ICATs and the Finding of Federal Transit Authority Compliance in the Compliance Review
Audit Report: Transportation Director Ben Garrison stated a policy has been in place since 2003, but
was only approved by the Transportation Advisory Board. Changes made in October of 2010, now
require these policies to be approved by the governing board. Recent audit reports indicated everything
was in compliance with the exception of the policy approval by the Board. Garrison stated this drug
and alcohol program is federally mandated. Garrison explained the testing procedure which includes
four types. All transportation employees are defined as safety sensitive and therefore must conform to
this zero tolerance policy.
Chairman Johnson asked if all of the findings were generally related to paperwork.
Garrison agreed.
Commissioner Robertson stated it was similar to the military in following rules of evidence.
MOTION by Commissioner Renee Griffith to approve the policy.
VOTING: Ayes — 5; Nays — 0.
Request for Approval of Budget Amendment #5 in the amount of $26,775 for a
Reimbursement to the Central Volunteer Fire Department for Water Points Associated with a
Recent Insurance Services Office Inspection: Fire Marshal Ronny Thompson reported that Central
Volunteer Fire Department recently had a re -rating with the Insurance Services Office. In order to
lower their rating they were required to set up water points and CVFD is asking to be reimbursed for
the expenses incurred. Thompson stated these funds are in the Fire Tax budget under ISO
Improvements.
Commissioner Robertson asked if opening these water points would be enough to improve the
rating.
Fire Marshall Thompson stated he believed the fire department would receive a significant
reduction in their rating.
Chairman Johnson asked Thompson again if he was satisfied that the fire department would
receive a reduction in rating.
Thompson affirmed.
MOTIO by Commissioner Frank Mitchell to approve budget amendment #5.
VOTING: Ayes — 5; Nays — 0.
Request for Approval of a Renewal Lease with the Iredell County Firemen's
Association for Usage of Property at 186 Stevenson Farm Road, Statesville, NC: Fire Marshal
Ronny Thompson stated this lease is for Station #19. Thompson said changes to the last agreement
now require insurance. Association President Tim Warren assured Thompson all requirements were in
place to qualify for the agreement.
MOTION by Vice Chairman Marvin Norman to approve.
VOTING: Ayes — 5; Nays — 0.
Request from LifeStar Ambulance Service LLC for Approval of an Ambulance Franchise
with a Three -Year Term: Emergency Medical Services Director David Cloer is asking for approval
of a franchise for LifeStar Ambulance Service in Iredell County which will operate a convalescent
ambulance service. Cloer stated Iredell County staff believes there is a sufficient volume of calls to
handle two services. Cloer stated the citizens of Iredell County will benefit in that they will have
options. This franchise will also offer Iredell County a safety net in the event one ambulance service
ceases to exist or if a natural disaster occurred.
Vice Chairman Norman asked Cloer for confirmation of his statement that the county is large
enough and the call volume is sufficient for two services.
Cloer confirmed.
Vice Chairman Norman asked about operations with one company presently operating in
Iredell County.
Cloer stated there were some issues in the past. However the company is now in compliance.
Vice Chairman Norman asked if this is the reason for seeking another service.
Cloer stated they did not seek another ambulance service. LifeStar approached Iredell County
with the interest.
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To reimburse Centrd Sdiool Volunteer Fre Department for water pants.
BA#5
&16/2011
Amount #
Qrrent ChanW Amended
County Wide Fre Tax
Fund
205525 580058
Reserve Ratings Inproverrent
58,420
(26,775)
31,645
205525 537601
Central Fre Departnient
268,000
26,775
294,775
Request for Approval of a Renewal Lease with the Iredell County Firemen's
Association for Usage of Property at 186 Stevenson Farm Road, Statesville, NC: Fire Marshal
Ronny Thompson stated this lease is for Station #19. Thompson said changes to the last agreement
now require insurance. Association President Tim Warren assured Thompson all requirements were in
place to qualify for the agreement.
MOTION by Vice Chairman Marvin Norman to approve.
VOTING: Ayes — 5; Nays — 0.
Request from LifeStar Ambulance Service LLC for Approval of an Ambulance Franchise
with a Three -Year Term: Emergency Medical Services Director David Cloer is asking for approval
of a franchise for LifeStar Ambulance Service in Iredell County which will operate a convalescent
ambulance service. Cloer stated Iredell County staff believes there is a sufficient volume of calls to
handle two services. Cloer stated the citizens of Iredell County will benefit in that they will have
options. This franchise will also offer Iredell County a safety net in the event one ambulance service
ceases to exist or if a natural disaster occurred.
Vice Chairman Norman asked Cloer for confirmation of his statement that the county is large
enough and the call volume is sufficient for two services.
Cloer confirmed.
Vice Chairman Norman asked about operations with one company presently operating in
Iredell County.
Cloer stated there were some issues in the past. However the company is now in compliance.
Vice Chairman Norman asked if this is the reason for seeking another service.
Cloer stated they did not seek another ambulance service. LifeStar approached Iredell County
with the interest.
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Vice Chairman Norman asked if there had been any discussion on placing a number on how
many companies could come into the county.
Cloer stated they had not and probably would not unless numerous services begin to show
interest in franchising. Cloer also stated the population is showing that convalescent numbers are only
going to increase.
Chairman Johnson offered a representative from each company three minutes to speak before
the board. Chairman Johnson invited Mr. Corbett from NuCare to speak first.
Mr. Jeff Corbett spoke on behalf of NuCare Ambulance Service. Corbett stated they ran up to
eight ambulances in the past but there were not enough calls. NuCare cut back to six but ran only five
routinely. Corbett questioned documentation that says there are enough calls for two services. Corbett
stated NuCare had invested heavily in several areas to raise NuCare to a higher level. He feels two
businesses would be a negative.
Chairman Johnson invited anyone in management from LifeStar to speak.
President/ Owner Mike Hoots stated his objective was to begin operations with three
ambulances within ninety days.
Vice Chairman Norman asked if he felt there was enough business for his company.
Hoots replied that it is certainly tighter than Forsyth County but it will work.
Chairman Johnson asked if their intentions to provide advance life support would be
operational within the ninety days.
Hoots stated it was their goal to offer that service in ninety days.
OTION by Commissioner Robertson to accept Iredell County's staff recommendation to
grant an ambulance franchise to LifeStar Ambulance Service for a term no greater than three years.
Chairman Johnson said he had been torn with the decision because NuCare had made a
considerable investment and their level of service has improved. But also in the belief of free markets,
therefore Chairman Johnson stated he would be voting in support of this motion.
VOTING: Ayes — 4; Nays — I (Norman)
Request from Mecklenburg County for Consent to Purchase Land in Iredell County:
Interim Planning Director William Allison reported Mecklenburg County has filed a request through
its real estate services department asking consent from Iredell County to purchase 2.3 acres within the
county along Greystone Road off Shearers Road. Under G.S. 153A-15, Mecklenburg County must
have permission from the Iredell County Board of Commissioners to purchase land located within the
county. The 2.3 acres lies just across the county line and is a portion of a greater tract which includes a
subdivision under foreclosure. It is the intent of Mecklenburg County to purchase these properties for a
park and other open space needs.
Commissioner Renee Griffith asked if the purchase was for fair market value.
Allison stated the price has not been divulged. The property is presently held by 5`h 3`a Bank
and is under foreclosure. Mecklenburg County has a contract to purchase which expires at the end of
the month.
Commissioner Griffith asked for clarification on ownership of the property.
Allison stated it is currently owned by 5`" 3`a Bank and the statute requires the Board's consent
to purchase.
Commissioner Robertson asked if the proposal would be for an open park.
Allison confirmed the plan shows both passive and active recreational uses. There is currently a
walking trail over a mile long. The park will be a culmination of 3 properties. However, the plans are
only in the very early stages.
Chairman Johnson asked for clarification that this request is limited only to the 2.3 acres in
question. If Mecklenburg desires a subsequent piece of property they would have to return to the Board
for approval.
Allison confirmed.
OTION by Commissioner Robertson to approve this request.
VOTING: Ayes — 5; Nays — 0.
Request from the Health Department for Approval of Budget Amendment #6 in the
Amount of $100,000 for a School Nurse Funding Initiative that Includes Subcontracts with the
Iredell Statesville School System and the Mooresville Graded School System: Iredell County
Health Director Donna Campbell stated that in the past the School Nurse Funding Initiative had been
sent directly to the school systems in the county. However, this year legislature decided the funds had
to flow through the Health Department. Campbell said this request is to receive the $100,000 and then
to subcontract with ISS and MGSD for one nurse each. Nurses are already assigned to these positions;
this is just a change in the funding route.
Chairman Johnson asked the reason for this change.
Campbell stated she had asked the state but did not receive a definitive answer.
Commissioner Robertson asked if the Health Department would provide more oversight.
Campbell said the health department will handle the subcontracts. The state nurse consultants
will continue to perform the reviews. The health department is responsible for receiving and paying
monthly invoices. That will require more oversight but will not improve the School Nurse Funding
Initiative.
Chairman Johnson asked for clarification on who will hire the nurses.
Campbell stated there will be a subcontract with the school systems. The contract has been
reviewed by the county attorney and it assures the nurses, who are already school employees, will have
the appropriate training and malpractice insurance.
Commissioner Griffith asked if there was potential for the state to withhold the funding and the
county would be left holding the contract.
Campbell replied the health department will sign an agreement stating the state will pay this
amount.
pay.
Commissioner Griffith asked if the county had ever had an agreement where the state did not
Campbell said to her knowledge there had not been such an event at the health department.
Chairman Johnson stated there have been instances where the state had agreed, by legislation,
to fund certain things but did not due to the economy, such as capital money for schools. During these
times, the money may have decreased but did not become non-existent. Johnson said he could not
think of any time where the state had defaulted on an agreement.
OTION by Vice Chairman Norman to approve budget amendment #6.
VOTING: Ayes — 5; Nays — 0.
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Request from the Health Department for Approval of new Current Procedural
Terminology (CPT) Codes, Associated Fees, and a Flumist (intranasal flu vaccine) Fee Change:
Iredell County Health Director Donna Campbell stated this request is for a new code and fee for a high
dose flu vaccine for people aged 65+ years, plus the fee for the administration of the vaccine.
Campbell is also asking to decrease the Flumist fee because the cost has decreased.
Commissioner Robertson thanked Campbell for making sure increases don't become burdens
for citizens and any decreases are passed along as well.
MOTION by Commissioner Robertson to approve the new CPT codes and associated fees.
VOTING: Ayes — 5; Nays — 0.
Request from Communications for the Approval of a Ten Year Sublease Agreement
Between the County and the State of North Carolina for the Installation of Equipment on the
Fox Mountain VIPER (Voice Interoperability Plan for Emergency Responders) Tower: Deputy County
Manager Tracy Jackson stated this is a sublease agreement with the State Highway Patrol which will
allow ECOM to install antennas and transmitters plus have access to a transmitter building to be
erected on Fox Mountain. This is part of a state wide Viper system that provides communications
across North Carolina. This will be a benefit to Iredell County and a positive partnership between
ECOM and the state.
Vice Chairman Norman asked if the county attorney had reviewed the agreement.
Jackson said yes along with the county's insurance agent.
OTION by Vice Chairman Norman to approve.
VOTING: Ayes — 5; Nays — 0.
Request for Approval of the July 2011 Refunds and Releases:
MOTION by Commissioner Robertson to approve.
VOTING: Ayes — 5; Nays — 0.
Request for Approval of the August 2, 2011 Minutes:
MOTION by Commissioner Mitchell to approve.
VOTING: Ayes — 5; Nays — 0.
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Troutman Planning & Zoning Board (ETJ —1 announcement)
Chairman Johnson stated this would be tabled for the next meeting.
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To allocate State SNFI grant
Cty BA# 6 Purpose:
expenditures and revenues
ICHD
BA# 12-0811
EXISTING
AMENDED
REVENUE LINE(S)
DESCRIPTION BUDGET
CHANGE
BUDGET
10491803 440001
SNFI Grant
$0.00
($100,000.00)
($100,000.00)
EXISTING
AMENDED
EXPENSE LINP,(S)
DESCRIPTION
BUDGET
CHANGE,
BUDGET
GPFOA - 2003 Pt.
100591 577301 41101
it.
$0.00
$100,000.00
-$100,000.00
Request from the Health Department for Approval of new Current Procedural
Terminology (CPT) Codes, Associated Fees, and a Flumist (intranasal flu vaccine) Fee Change:
Iredell County Health Director Donna Campbell stated this request is for a new code and fee for a high
dose flu vaccine for people aged 65+ years, plus the fee for the administration of the vaccine.
Campbell is also asking to decrease the Flumist fee because the cost has decreased.
Commissioner Robertson thanked Campbell for making sure increases don't become burdens
for citizens and any decreases are passed along as well.
MOTION by Commissioner Robertson to approve the new CPT codes and associated fees.
VOTING: Ayes — 5; Nays — 0.
Request from Communications for the Approval of a Ten Year Sublease Agreement
Between the County and the State of North Carolina for the Installation of Equipment on the
Fox Mountain VIPER (Voice Interoperability Plan for Emergency Responders) Tower: Deputy County
Manager Tracy Jackson stated this is a sublease agreement with the State Highway Patrol which will
allow ECOM to install antennas and transmitters plus have access to a transmitter building to be
erected on Fox Mountain. This is part of a state wide Viper system that provides communications
across North Carolina. This will be a benefit to Iredell County and a positive partnership between
ECOM and the state.
Vice Chairman Norman asked if the county attorney had reviewed the agreement.
Jackson said yes along with the county's insurance agent.
OTION by Vice Chairman Norman to approve.
VOTING: Ayes — 5; Nays — 0.
Request for Approval of the July 2011 Refunds and Releases:
MOTION by Commissioner Robertson to approve.
VOTING: Ayes — 5; Nays — 0.
Request for Approval of the August 2, 2011 Minutes:
MOTION by Commissioner Mitchell to approve.
VOTING: Ayes — 5; Nays — 0.
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Troutman Planning & Zoning Board (ETJ —1 announcement)
Chairman Johnson stated this would be tabled for the next meeting.
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UNFINISHED BUSINESS
Chairman Johnson stated he would be attending the joint meeting on Saturday, August 20
concerning the Prepaid Inpatient Health Plan Medicaid 1915 (b)(c) Waiver Expansion as presented at
the previous Commissioners' meeting by David Swann, CEO for Crossroads Behavioral Healthcare.
The results of this meeting will be shared with the Board at the next meeting for their comments and/or
suggestions.
Commissioner Mitchell asked County Manager Ron Smith about the recent news articles
concerning email. Mitchell asked for Smith's interpretation of whether personal email accounts were
considered public information.
Smith stated he understands that if the email pertains to or has anything to do with policy
making decisions or decisions that may have an impact on the business of the county, could be
potentially viewed as a public document. However, Smith stated he would like to research further.
Commissioner Mitchell stated he was not in the habit of making decision through email, but
receives numerous messages in favor of or in opposition to current issues and would like to know if he
is required to forward them to the media.
Smith stated he would research and get more information together for the Board.
PUBLIC COMMENT PERIOD (none)
NEW BUSINESS
COUNTY MANAGER'S REPORT: County Manager Ron Smith wanted to bring awareness
to the fact that Board of Elections Director Becky Galliher had recently received national certification
as a Certified Elections/Registration Administrator. Mrs. Galliher spent many hours to obtain this
certificate which is a combination of course requirements and experience along with conferences and
work shops over a period of six years.
Chairman Johnson extended congratulations to Mrs. Galliher and commended her excellent job
performance.
CLOSED SESSION: OTION by Chairman Johnson, at 7:45 P.M., to enter into closed
session pursuant to G.S. 143-318.11 (a) (4) — Economic Development.
VOTNG: Ayes — 5; Nays — 0.
(Return to open session at 8:00 P.M.)
OTIO by Chairman Johnson to approve a modification to the agreement for Engineered
Sintered Products establishing an incentive over a five year period based on a minimum of a $9 million
investment which would equate to $31,855.00 and a maximum investment of $10 million at
$35,500.00 contingent upon a contract being amended within 180 days.
VOTNG: Ayes — 5; Nays — 0.
ADJOURNMENT: MOTION by Chairman Johnson to adjourn the meeting at 8:05 P.M.
(NEXT MEETING: Tuesday, September 6, 2011 at 7:00 P.M., in the Iredell County Government
Center, 200 South Center Street, Statesville, NC.)
VOTNG: Ayes — 5; Nays — 0.
Approval:
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Acting Clerk to the Board