HomeMy WebLinkAboutDecember 6 2011 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
DECEMBER 6, 2011
The Iredell County Board of Commissioners met on Tuesday, December 6, 2011, at
7:00 P.M., in the Iredell County Government Center (Commissioners' Meeting 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, Planning/Transportation Director Joey Raczkowski, EMS Director
David Cloer, Social Services Director Yvette Smith, Inspections/Special Projects Director Lynn
Niblock, Purchasing Agent Dean Lail, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Johnson
INVOCATION by Commissioner Griffith
PLEDGE OF ALLEGIANCE
ADJUSTMENTS OF THE AGENDA: OTION by Commissioner Griffith to
approve the agenda with the following adjustment:
Addition: Request from EMS for Approval to Charge the Medicare Allowable Rate for
Convalescent Ambulance Transports to Local Healthcare Institutions Responsible
for Paying the Ambulance Bill for their Residents, Clients, and/or Patients
VOTING: Ayes — 5; Nays — 0.
APPOINTMENT BEFORE THE BOARD
Presentation by Martin Starnes & Associates, CPAs, Regarding the June 30, 2011
External Audit: CPA Amber McGinnis presented the audit and said the county had received an
"unqualified" or clean opinion.
PUBLIC HEARINGS
Chairman Johnson declared the meeting to be in a public hearing.
Consideration of an Ordinance Designating Structures & Property Known as the
Falls -Hobbs House, (also known as Davidson Hall) in the Davidson Township, Iredell
County, North Carolina, as Historic Property: Iredell County Historic Properties Chairman
Lewis Alexander said Mr. James A. & Barbara H. Davidson were requesting for the Falls -Hobbs
House (2045 Perth Road, Mooresville, NC) to be designated as a landmark and county historic
site. He said the 2.18 acre property had been owned by the Davidson couple since 1980 and was
referred to as Davidson Hall. He said since the 1980s, Mr. & Mrs. Davidson had extensively
restored the log plantation home that was originally built by Captain Galburth Falls, a "high"
sheriff of Rowan County as well as being the local militia district captain. Alexander said
Captain Falls purchased the property in 1765 and was killed at the battle of Ramseur's Mill in
Lincoln County on June 20, 1780. He said research had occurred on the home's exact date of
construction; however, definitive records could not be found. Alexander said through
architectural evidence as well as tax/deeds records and personal letters found in Salisbury, NC, it
was estimated the home was built in the early to mid 1770s. He said this would make the house
the oldest continually used residential structure in Iredell County. Alexander said in 1982 the
home was added to the National Registry of Historic Places, and locally it met all requirements
established by the North Carolina Department of Cultural Resources and the State Preservation
Office in Raleigh to be designated as a historic landmark.
OTION by Commissioner Griffith to approve the ordinance designating the Falls
Hobbs House as Historic Property.
VOTING: Ayes — 5; Nays — 0.
The ordinance is as follows:
AN ORDINANCE DESIGNATING A STRUCTURE AND PROPERTY KNOWN AS THE FALLS-
HODBS HOUSE, AT PRESENT KNOWN AS DAVIDSON HALL IN DAVIDSON TOWNSHIP,
IREDELL COUNTY, NORTH CAROLINA AS HISTORIC PROPERTY
WHEREAS, all the prerequisites to the adoption of this ordinance prescribed in Part 3C
Article 19, Chapter 160A-400.6 and 400.5 of the North Carolina General Statutes have been met;
and
WHEREAS, the Board of County Commissioners has taken into full consideration all
statements and information presented at the joint public hearing with the Iredell Historic
Properties Commission on the 6 day of December_2011, on the question of designating the
Falls -Hobbs House with 2.18 acres of land as outlined on the Iredell County Tax Map, as
Historic Property; and
WHEREAS, the Iredell Historic Properties Commission has demonstrated the historic
significance of the building and property; and
WHEREAS, the Division of Archives and History of the North Carolina Department of
Cultural Resources has endorsed the finding of the Iredell Historic Properties Commission.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Iredell County, North Carolina:
1. That the structure and surrounding property at 2045 Perth Road, Mooresville North
Carolina, Davidson Township, bredell County, North Carolina is hereby designated as
historic property pursuant to Chapter 160-A 400.6 and 160-A 500.5 of the General
Statutes of North Carolina. This property is currently owned by James A. and
Barbara H. Davidson. At 2045 Perth Road, Mooresville, North Carolina 28117.
For purposes of description only, the location of said property and structure is noted
as being situated on a tract of property more specifically described as all of Lot 24 in
section 14 containing 2.18 acres as shown on map of Crescent Land & Timber
Company; lake Norman Map of Recreational Lots recorded in Plat Book 13, Page
23 and conveyed to James A. Davidson & wife Barbara H. Davidson by deed dated
April 23, 1981 and recorded in Decd Book 663, Page 7, of the Iredell County
Registry.
2. That the said building and property which has been designated as historic property
may be materially altered, restored, moved or demolished only following the issuance
by the Ircdell Historic Properties Commission of a certificate of appropriateness or
the lapse of one year in accord with the procedures of Sec. 10-176 of the Historic
Properties Ordinance.
3 That nothing in this ordinance shall be construed to preventthe ordinary maintenance
or repair of any exterior architectural feature in or on the said structure or property
that does not involve a change in design, material, or outer appearance thereof, nor to
prevent the construction, reconstruction, alteration, restoration, demolition,
relocation, or removal of any such feature when a building inspector or similar
official certifies to the commission that the action is required for the public safely
because of au unsafe condition. Nothing herein shall be construed to prevent the
property owner from making any use of this property not prohibited by other statutes,
ordinances, or regulations. -
4. That a suitable sign shall be posted indicating the said structure and properties
designation as historic property and containing any other appropriate information. If
the owner objects, the sign shall be placed on a nearby public right of way.
5. That the owner of the structure and property known as the Falls- Hobbs House be
given notice of this ordinance as required by application law and copies of this
ordinance be filed and indexed in the offices of the County Clerk, Iredell County
Register of Deeds, Building Inspectors Department, and Tax Supervisor as required
by applicable law.
Consideration of a Proposed Text Amendment to the Land Development Code to
Allow Commercial Kennels in Commercial and Industrial Zoning Districts Planning
Director Joey Raczkowski said the planning board had spent several months reviewing a text
amendment submitted by Mr. Ronnie Thompson (772 Brawley School Road, Mooresville, NC),
and the revision would affect kennel usage on a county -wide basis. Raczkowski said kennels
were currently only allowed in four zoning districts (AC, RA, RU -R & RR), plus under the
2
current standards, they may or may not be entirely enclosed. He said the amendment would not
alter the kennels in the agricultural or residential districts, but it did add four
industrial/commercial districts in which the use would be allowed. Raczkowski said the
performance standards applied to the industrial/commercial zoned properties slated for use as
commercial kennels; however, the animal exercise areas and all activities, would be conducted in
an enclosed building. In addition, he said the front, side, and rear yard setbacks would be 100
feet as opposed to 150 feet in the agricultural and residential districts. He said a special permit
would be required by the board of adjustment, and to remain consistent with the Land
Development Code, the use of commercial kennels had been divided into two sections within the
code with Section A applying to the residential districts (current regulations) and Section B for
the other districts.
Ronnie Thompson advocated for the amendment and said there was a need.
Mary Ann Archer said the goal of the request was to have good animal kennels. She
encouraged adoption of the amendment.
No one else desired to speak, and Chairman Johnson adjourned the hearing.
OTION by Commissioner Mitchell to approve the amendment as presented.
VOTING: Ayes — 5; Nays - 0.
The planning staff report for the amendment is as follows:
EXPLANATION OF THE REQUEST
Ronnie Thompson has requested a text amendment to the Iredell County Land Development
Code concerning commercial dog kennels. Commercial kennels are currently only allowed in
the AC (Agricultural Conservation), RA (Residential Agricultural, RU -R (Rural Residential), and RR
(Resort residential) districts, and may be entirely enclosed and/or may include outdoor kennels.
The proposed amendment allows commercial dog kennels to be located in commercial and
industrial zoning districts; requires that all activities with the exception of animal exercise areas
be conducted within an enclosed building; provides for a front, side and rear yard setback of
100 feet; and requires that a Special Use Permit be issued. All other performance requirements
remain the same.
APPLICANT
APPLICANT: Ronnie Thompson
772 Brawley School Road
Mooresville, NC 28117
PROPOSED TEXT AMENDMENT
The following changes are being proposed to text in the Land Development Code. Existing text
that is is text to be removed. Text in red and underlined is new text
to be added.
Chapter 3 Performance Requirements
I. Kennels, Commercial
A. Commercial kennels in the AC, RA, RU -R, and RR districts shall meet the following criteria:
A-. 1. Minimum lot size shall be as follows: Note: Minimum lot size only applies to
1 to 10 animals 5 acres commercial kennels that are not
11 to 20 animals 6 acres
entirely enclosed.
21 to 30 animals 7 acres L --------------------------------------
For each additional acre beyond seven (7) acres, an additional ten (10) animals may be
permitted. The minimum lot size requirements may be waived if a kennel is constructed to
entirely enclose all kennel facilities so as to adequately protect all animals from weather
extremes and to protect adjacent residences from noise, odors, and other objectionable
characteristics, provided all building setback requirements are in accordance with subsection
(c) below.
3
2. All lots on which a kennel is located must have frontage on an existing street
or a new street that meets the minimum requirements for acceptance and
maintenance by the North Carolina State Department of Transportation
3. All structures and outdoor runs shall have minimum front, side, and rear yards
of 150 feet. There shall be a separation of at least 500 feet between
residences on adjoining tracts and any building used for kennel operation.
D-. 4. Sewage disposal system and sanitation control methods as approved by the
Iredell County Board of Health shall be required for all kennels. (This provision
shall include, but shall NOT be limited to, the sanitary removal or disposal of
solid waste, carcasses, or any other items deemed necessary for removal or
disposal because of unsafe or unsanitary conditions by the Health
Department.)
5. Screening is required when adjoining either residentially or commercially
zoned property and must meet the criteria in Section 5.2 concerning
screening device and parking lot landscaping.
B. Commercial kennels in the HB, GB, M-1, and M-2 districts shall meet the following criteria:
1. All lots on which a kennel is located must have frontage on an existing street or a new
street that meets the minimum requirements for acceptance and maintenance by the North
Carolina State Department of Transportation
2. All structures and outdoor runs shall have minimum front, side, and rear yards of 100 feet
from any property line. There shall be a separation of at least 500 feet between residences on
adioining tracts and any building used for kennel operation.
3. Sewage disposal system and sanitation control methods as approved by the Iredell
County Board of Health shall be required for all kennels. (This provision shall include, but shall
NOT be limited to, the sanitary removal or disposal of solid waste, carcasses, or any other items
deemed necessary for removal or disposal because of unsafe or unsanitary conditions by the
Health Department
4. Screening is required when adioinina either residentially or commercially zoned property
and must meet the criteria in Section 5.2 concerning screening device and parking lot
landscaping.
5. All activities, with the exception of animal exercise areas, shall be conducted within an
enclosed building.
Chapter 2, Section 2.21.3 Commercial Uses
USES
AC
RA
RUR
RR
R20
R12
R8
RO
OI
NB
HB
GB
Ml
M2
R
Kennels,
commercial
R
R
R
R
S
S
S
S
47
**** "S" denotes that Special use Permit is required ****
PLANNING BOARD
The Planning Board first reviewed the request from Ronnie Thompson for an amendment
concerning commercial kennels on September 7, 2011. At this meeting, the proposal was
presented for information only. The Board had questions about the proposed amendment and
the similarities to the existing text for kennels, noise restrictions, setbacks, proximity to existing
businesses such as hotels, and requiring a Special Use Permit.
After further discussion, the Board stated that they would like to see a Special Use Permit for
kennels in the commercial districts and asked the staff to look at the difference between the
definitions of a kennel and doggy daycare. Since the request was being presented for
information only, the Board took no action.
The Planning Board heard the request at the October 5, 2011 meeting. The applicant was not in
attendance and there was some confusion due to an error in the staff report. The Board voted
to table the request until the November meeting.
4
The Planning Board heard the request again at the November 2, 2011 meeting. The applicant
was present and affirmed that he was in agreement with the addition of the Special Use Permit
requirement after the Board comments from the September meeting.
The Planning Board voted 6-0 to recommend approval of the request.
STAFF COMMENTS
Commercial kennels have been considered a rural use in the zoning regulations since the
inception of zoning in Iredell County. Currently, commercial kennels are permitted in the AC
(Agricultural Conservation, RA (Residential Agricultural), RU -R (Rural Residential), and RR (Resort
Residential) districts. They are permitted by right provided they meet the requirements in
Chapter 3, R47. The proposed amendment would allow commercial kennels in the HB, GB, M-1,
and M-2 districts. Other similar uses such as animal hospitals, dog grooming facilities, and pet
daycares, which include enclosed kennels, are permitted in the HB, GB, M-1, and M-2 districts as
well.
The staff recommends approval of the amendment based on the following: Similar uses such as
animal hospitals are permitted in the proposed districts. The requirements that are being
proposed fit into other similar commercial standards within the code, such as animal hospitals
and doggie day cares. The applicant has agreed to make the Special Use Permit requirement
part of the proposed amendment, which would address the Planning Board's concerns about a
kennel developing next to an existing business such as a hotel.
ADMINISTRATIVE MATTERS
Annual Election of the Chairman and Vice Chairman
Chairman's Position:
County Manager Ron Smith asked for nominations.
Marvin Norman nominated Steve Johnson for the chairman's position.
MOTION by Frank Mitchell, after no other nominations were submitted, to close the
nominations and to elect Johnson by acclamation.
VOTING: Ayes — 5; Nays- 0.
Vice Chairman's Position:
Chairman Steve Johnson asked for nominations.
Ken Robertson nominated Marvin Norman.
OTION by Frank Mitchell, after no other nominations were submitted, to close the
nominations and to elect Norman by acclamation.
VOTING: Ayes — 5; Nays — 0.
Request for Approval of the Public Officials' Bonds: Finance Director Susan
Blumenstein said that in accordance with G.S. 58-72-20, bonds for the sheriff, register of deeds,
tax collector, deputy tax collectors and the finance officer were being submitted for review and
approval.
OTION by Commissioner Griffith to approve the bonds as required by law.
VOTING: Ayes — 5; Nays — 0.
The bond amounts are as follows:
Register of Deeds
Sheriff
Tax Collector
Deputy Tax Collectors (4)
Finance Officer
Amount of Guarantee
$ 10,000
$ 10,000
$ 50,000
$ 50,000
$100,000
Request from Social Services for Approval of Budget Amendment #22 to
Appropriate Federal Funds for the Low Income Home Energy Assistance Program: Social
Services Director Yvette Smith requested a budget amendment to recognize $142,802 received
to assist low income families with heating expenses. Smith said the targeted population would
be individuals 60 and older and the households receiving services from the Aging & Adult
Services Program.
OTION by Vice Chairman Norman to approve Budget Amendment #22.
VOTING: Ayes — 5; Nays — 0.
Request from Emergency Management for Approval of Budget Amendment #23 to
Recognize & Allocate a Federal Emergency Management Assistance (FEMA) Disaster
Reimbursement: Deputy County Manager Tracy Jackson said the emergency management
department was able to assist in the Hurricane Irene disaster by deploying Deputy Emergency
Management Coordinator Paul Webster to Hyde County. He said Webster was sent at the
request of NC Emergency Management to serve on an Incident Management Team as the
Resource Officer. Jackson requested approval of a budget amendment to recognize FEMA
disaster relief funds of $3,054.01 as a reimbursement for Mr. Webster's assistance.
OTION by Commissioner Robertson to approve Budget Amendment #23.
VOTING: Ayes — 5; Nays — 0.
To appropriate Federal funds in the DSS Department for Low Income Home Energy Assistance
BA#23
programs.
BA#22
12/6/2011
12/6/2011
Account#
Current Chane
Amended
104630 450021
LIHEAP
Amended
(142,802)
(142,802)
105630 554210
LIHEAP
(3,054)
142,802
142,802
Request from Emergency Management for Approval of Budget Amendment #23 to
Recognize & Allocate a Federal Emergency Management Assistance (FEMA) Disaster
Reimbursement: Deputy County Manager Tracy Jackson said the emergency management
department was able to assist in the Hurricane Irene disaster by deploying Deputy Emergency
Management Coordinator Paul Webster to Hyde County. He said Webster was sent at the
request of NC Emergency Management to serve on an Incident Management Team as the
Resource Officer. Jackson requested approval of a budget amendment to recognize FEMA
disaster relief funds of $3,054.01 as a reimbursement for Mr. Webster's assistance.
OTION by Commissioner Robertson to approve Budget Amendment #23.
VOTING: Ayes — 5; Nays — 0.
Request from the Special Projects Department to Award a Contract for HVAC
Upfits to Starnes HVAC (lowest bidder) in the Amount of $133,195 and to Approve an
Amended Grant Project Ordinance: Special Projects Director Lynn Niblock requested that a
contract be awarded Starnes HVAC for retrofits that had occurred using stimulus funds. He said
the upgrades would help in reducing energy and equipment maintenance costs. In addition, Mr.
Niblock requested an amendment to the project ordinance associated with the stimulus grant.
OTION by Commissioner Robertson to award the contract to the lowest bidder
(Starnes HVAC) and to approve the project ordinance amendment.
VOTING: Ayes — 5; Nays — 0.
A bid summation sheet is as follows:
6
To appropriate FEMA disaster reimbursement in the Emergency Management Department.
BA#23
12/6/2011
Account#
Current
Chane
Amended
104546 438100
FEMA Disaster Funds
-
(3,054)
(3,054)
105546 510004
Salaries - Overtime
2,000
1,588
3,588
105546 512501
FICA
4,001
200
4,201
105546 512503
State Retirement
6,254
837
7,091
105546 535004
Fuel
4,100
429
4,529
Request from the Special Projects Department to Award a Contract for HVAC
Upfits to Starnes HVAC (lowest bidder) in the Amount of $133,195 and to Approve an
Amended Grant Project Ordinance: Special Projects Director Lynn Niblock requested that a
contract be awarded Starnes HVAC for retrofits that had occurred using stimulus funds. He said
the upgrades would help in reducing energy and equipment maintenance costs. In addition, Mr.
Niblock requested an amendment to the project ordinance associated with the stimulus grant.
OTION by Commissioner Robertson to award the contract to the lowest bidder
(Starnes HVAC) and to approve the project ordinance amendment.
VOTING: Ayes — 5; Nays — 0.
A bid summation sheet is as follows:
6
DID RECORD SHEET
SEALEDOIDOP-NTNG
IRIMAM OUNTYHVAC UPFl S. 2011 _
_
AUGUST
fO.WCO
E2011
BWTH {MNG CONFERENCE 4005. CENTER
FERENC
STREET
Grant
Amended Grant Project Ordinance
Be it Ordained by the Board of County Commissioners of Iredell County,
North Carolina:
Previously
Original
Amended Change
Amended
Funds for this project will be provided
CDMPANY
ADDEN
1,2,3
BID
BOND
SIGN2D
tlRECOUTR GL9NCEMERST
AVE FJA$ BLCGSTANOARW
MOORESVILLE ORRER
435EVIAIERSF
WOMBS
$
G10E CEMFR
AVE ICOC9
5
319
WRNERSBUBG
" CHFALTH
CEPT
$
OELNERT
EXCEPTIONS
JVI.tsoDisqualifiedControls
Disqualified
8,624
NO
X
DISQUALIFIED
Griffin Hating and Air
X
X
X
$44,542.00
No BN
$ 35,312.00
$ 11.591.00
S 42,000.00
19MMU EST
COMPLETION
K&M Electrieal
X
X
X
$ 24,760.00
$ 79,760.00
$ 18,500.DD
$ 7,200.00
$ 31,760.00
VWESPERUSUPHOJECTOTARTBATE
Reavis Refrigeration
No Bid
No Bid
No Bid
No Bid
No Bid
NO Bid
5,315
12,982
Padler Mechanical
Labor 3,025
NDBid
No Bid
No Bid
No Bltl
Siarnes Healing and Air
X
X$$_.
17,474.00
$ 75903.00 1
$ 141057.00
$ 5,154.00
$ 20,007.00
40.50 DAYS AFTER START OF FROJECT
APP AREW LOP'
1
Lighting Materials & Supplies 3,000
The amended ordinance is as follows:
Iredell County, North Carolina
Department of Energy - Lighting Upfit
Grant
Amended Grant Project Ordinance
Be it Ordained by the Board of County Commissioners of Iredell County,
North Carolina:
Previously
Original
Amended Change
Amended
Funds for this project will be provided
Section 1 by:
Department of Energy Grant
$ 240,000
$ 482,100
$482,100
Energy Rebates
8,624
8,624
$ 240,000
$ 490,724 $ -
$490,724
The following costs will be paid from this grant project
Section 2 fund:
Government Center - Statesville
$ 40,765
15,533
$15,533
Labor 23,395
Lighting Materials & Supplies 16,280
Contracted Services 1,090
Government Center - Annex
5,315
12,982
12,982
Labor 3,025
Lighting Materials & Supplies 2,155
Contracted Services 135
Facility Services
8,765
1,170
1,170
Labor 5,495
Lighting Materials & Supplies 3,000
Contracted Services 270
Government Center - South
25,885
9,292
9,292
Labor 5,940
Lighting Materials & Supplies 19,945
Contracted Services -
Hall of Justice
54,810
24,739
24,739
Labor 31,660
Lighting Materials & Supplies 21,630
Contracted Services 1,520
Drug Enforcement Office
Labor 6,005
10,825
4,219
4,219
Lighting Materials & Supplies 4,545
Contracted Services 275
Crime Lab
6,610
3,651
3,651
Labor 4,140
Lighting Materials & Supplies 2,270
Contracted Services 200
%I
EMS -Mooresville
Labor
Lighting Materials & Supplies
Contracted Services
Building Standards Center
Labor
Lighting Materials & Supplies
Contracted Services
Human Services Building
Labor
Lighting Materials & Supplies
Contracted Services
Phase 2 & 3
Labor
Lighting Materials & Supplies
Contracted Services
Other Projects
Labor
Lighting Materials & Supplies
Contracted Services
Administration
Energy Coordinator
Labor
Supplies
HVAC Change -outs
Contracted Services
T -Stats and Balancing
Labor
Equipment
Contracted Services
Supplies
Administration
Employee Salary Costs
Advertising
6,755
4,315
320
1,480
3,820
40,605
27,685
2,045
11,390 5,187
5,300 2,915
70,335 38,566
Previously
Original Amended
121,346
$ 240,000
(13,866)
16,216
W11
105,753 29,684
1,000
4,200 2,200
14,521 (8,223)
12,000 (10,730)
700 (65)
5,187
2,915
38,566
Amended
107,480
17,166
136,437
14,603
6,000
6,000
400
400
$ 490,724 -
$490,724
Section 3 This Grant Project Fund shall continue until the project is complete.
Section 4 The County Manager is authorized to transfer funds between line items.
Section 5 Payments from this Grant Project Fund shall be authorized by the County Manager or his designee.
This Project Ordinance is effective upon adoption.
Request for the Reconsideration of a Surety Bond Requirement for LifeStar
Emergency Services, LLC: Deputy County Manager Tracy Jackson, along with EMS Director
David Cloer, said this agenda request was submitted on November 29. Jackson said LifeStar did
not have a surety bond at that point, but on December 2°d, the company telephoned and said a
bond had been located. He said the current provider, NuCare, would cease services on
December 15, and the county was preparing to takeover the convalescent transport services as a
8
stopgap measure. He said the staff was concerned that LifeStar had not fully met the franchise
requirements and direction from the board was needed.
Commissioner Mitchell asked if there were any known reasons as to why LifeStar might
not have the surety bond by December 15.
Deputy County Manager Jackson said an answer wasn't available, and the situation was
in the hands of LifeStar's owner. Jackson said the county had performed its due diligence.
Commissioner Griffith asked if LifeStar was aware of the bond requirement when the
agreement was signed.
Jackson said yes.
Griffith asked if the company was ready to start operations other than having a bond.
Jackson said the bond was one holdup, plus there were a few operational items needing to
be addressed.
Vice Chairman Norman asked if LifeStar had missed its deadline.
Jackson said that in reviewing the board's minutes of August 16, 2011, the company did
not commit to anything, but the owner expressed hope of being operational in 90 days. Mr.
Jackson said the county would have to absorb the expenses during the gap period.
Griffith asked if LifeStar had indicated a date to begin, should the bond be obtained.
Jackson said that as of late Friday (December 2, 2011), this had not been discussed.
Commissioner Mitchell asked if the other counties, where LifeStar operated, required
surety bonds.
Jackson said the requirement varied from county to county, and it was not known if the
counties where LifeStar provided the transports required the bonds.
Griffith asked if the bond amount was comparable to other counties.
Jackson said there were not many counties requiring the bonds. He said the
commissioners implemented the bond requirement due to concerns that if a company left the
county, the taxpayers would have to absorb the costs. He said the bond amount was low, and it
would not actually cover the entire costs.
Chairman Johnson said the surety bond requirement was his suggestion, and it was added
in an effort to provide protection to the county should a company go bankrupt, or leave on short
notice without fulfilling the notification stipulation.
Griffith asked how long the requirement had been in place.
Jackson said three years.
Johnson said the original franchise proposal required an audited financial statement, but
the board had backed off on this.
Jackson said this requirement was an "either or."
Johnson said he was reluctant to eliminate the bond requirement. He said it was felt this
wasn't an unreasonable request due to the county incurring costs should a company fail to fulfill
its obligations. Chairman Johnson said that even though there were no contractual agreements
for LifeStar to be operating in 90 days, the owner had supplied the estimated start-up time.
EMS Director David Cloer said the requirement occurred when NuCare's franchise was
up for renewal. He said the franchise renewal would occur again on February 12, 2012;
9
however, NuCare had sent notice of ending the operations in Iredell County on December 15,
2011.
Commissioner Robertson agreed with Chairman Johnson's comments about the bond
requirement.
Johnson said he was assuming that if the board did not grant the surety bond waiver, and
NuCare ceased operations on December 15, 2011, the county would have to provide the
convalescent transports. He asked if the EMS Department was prepared to assume the services.
EMS Director David Cloer said yes.
Johnson asked how long EMS could provide the service.
Cloer said overtime would be used to cover shifts and an extra truck would be used to
take up the call volume. He said this could probably occur for no more than 60 days due to an
already "taxed out staff."
Griffith asked who requested the bond's reconsideration or the waiver.
Jackson said the staff had placed the item on the agenda, but this was prior to LifeStar's
notification about obtaining a bond.
Commissioner Robertson asked Cloer what happened after 60 days.
Cloer said the situation might not be safe for the staff.
Robertson asked if staff would be added.
Cloer said there was a contingency plan, if the surety bond waiver were denied, to
assume the convalescent services on a regular basis. He said the county would have to make a
significant investment to hire more staff and to purchase the trucks.
Robertson said the 60 days was in essence a period to "ramp up."
Cloer said yes.
Griffith asked, assuming LifeStar obtained a bond within 60 days, if the company would
have to reapply to operate a franchise.
Attorney Pope said the actual agenda request was a reconsideration of a surety bond
requirement for LifeStar Emegency Services, LLC, but a couple of days ago an e-mail was sent
indicating the company could obtain a bond. He said the e-mail stated, "They were requesting a
waiver of one of the conditions. The history is that they indicated initially that they could not get
a bond. They asked me to prepare a bond so they could submit it to their bonding company. I
have very little experience writing a bond, I have never written one in my life, but I wrote one. I
gave it to them and their bonding company didn't think too much of it. They thought it was too
strong, and it wasn't something they wanted to sign. It then appeared that they were not going to
get a bond. I understood there was going to be a request for the bond requirement to be
reconsidered. I suggested to them that there were other bonding companies out there in America
who might write a bond."
Commissioner Robertson said, "NuCare has a bond. Right?"
Attorney Pope said no. The provision was established after NuCare was granted a
franchise. He said, "The company said, `Okay, we'll submit it to another bonding company.'
Then I saw an e-mail, I think it was late Friday afternoon (December 2), that said they had
received an indication from another bonding company that they would be able to get a bond and
they would sign the bond that I had written up. They requested that the provision I had included
in the bond of a 120 -day notice be shortened to 60 days. The ordinance says 60 days and after
conferring with Tracy and Ron and other staff people, 1 felt the 60 days was inadequate. I didn't
think we could get ramped up and do what we had to do so I required 120 days. As I understand
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the request now, it's that we waive the requirement of 120 days, and shorten it to 60 days, as the
ordinance suggests. I don't know for a fact that they can get a bond. I just saw an e-mail saying
that they could. I haven't actually seen an executed bond."
Griffith asked again her question about the future procedure for LifeStar.
Attorney Pope said it would be up the board. He said, "You could take the position that
they have failed to meet the requirements within the time they indicated; however, the language
in the minutes is not a specific condition, it was a goal --not a condition. I'm not sure how to
interpret that."
Commissioner Mitchell asked if the problem in obtaining the bond stemmed with the
specific company, or was it an industry situation, where overall it was difficult to secure them.
Pope said, "I don't have a clue. I suspect it's harder to get bonds than it was in the past,
but I don't know that. I'm just thinking about the economy in general."
Mitchell asked if the same problem might occur with a different company.
Pope said he didn't know.
Griffith said that if 60 more days were given to the company, while the county paid the
costs for overtime and so forth, that this money would be taken out of the budget to stop a gap
that should never have occurred. She said the county had no recourse to recoup the labor costs
or the overexertion of the employees. Griffith said the county would have to fix the problem
even if the company was allowed or denied more time.
Robertson said the county should only lose money for about 60 days and then the fees
would start covering the costs.
Cloer agreed.
County Manager Ron Smith said the ninety days would have extended through
November 15 and even though this date wasn't stipulated in the franchise motion for LifeStar, it
was the expected operational date as well as the anticipated time in which the bond would have
been secured. He said about halfway through that process, NuCare announced it was closing its
operations in the county.
Griffith said the county didn't come up with the 90 day estimate (November 15), and this
had caused NuCare to make the decision to close its business. She said the county had a
convalescent transporter at that time, but the 90 -day statement had caused consequences.
Griffith said the failure to secure the bond had caused problems, and the county would have to
assume the slack and place the work on already overworked employees.
Vice Chairman Norman voiced unwillingness to waive the bond.
Commissioner Robertson, as well as Commissioner Griffith, said they were inclined to
not waive the bond too.
Griffith said she just wanted to emphasize that the company's indication that it could be
operational in 90 days had caused consequences.
Norman said, "At this point, I'd just write them off. In 90 more days they still might not
be ready."
Robertson said no action was then required, other than allowing Mr. Cloer to make
preparations to handle the gap.
Johnson said some direction needed to be provided to the EMS Director.
Griffith said the county had granted an application to LifeStar based on its statements to
offer the service.
Vice Chairman Norman asked Cloer what he needed from the board.
Cloer said the board's okay to start planning long term to move forward.
Commissioner Mitchell asked if the county was sure NuCare would cease operations on
December 15.
Cloer said he had not been in contact with the company since the notification was
received about terminating the franchise agreement.
County Manager Ron Smith said a conversation had occurred with Mr. Corbett who
advised that NuCare would close down on December 15.
MOTIO by Chairman Johnson that there be no reconsideration of the bond requirement
and that effective immediately Mr. Cloer should execute his contingency plan, and for Mr. Cloer
and anyone else needed, to appear before the board at the December 20 meeting with a plan on
how the department will ramp up to provide the service.
Johnson said he was a free market type of person, but there was an obligation to the
county's citizens, and someone needed to provide the service.
VOTING: Ayes — 5; Nays — 0.
Request from EMS for Approval to Charge the Medicare Allowable Rate for
Convalescent Ambulance Transports to Local Healthcare Agencies/Institutions
Responsible for Paying the Ambulance Bills for their Residents, Clients and/or Patients:
Deputy County Manager Tracy Jackson said that as the county prepared to provide convalescent
services there were agencies (Hospice, rest homes) that had contracts with NuCare. He said the
staff was recommending a new ambulance fee in lieu of negotiating contracts with the agencies
on such short notice in order for the county to charge the Medicare allowable rate. Jackson said
currently, the rate was $209.68, but this amount fluctuated. He said due to the fluctuation, it was
recommended that a specific rate not be included in the motion.
Chairman Johnson said it appeared the staff was making the request in case the county
had to be "fully operational" so there would be a platform for bill invoicing. He said, "If we
have to ramp up to provide full service, then it will impact the budget due to start up costs.
Mr. Cloer will bring this back in his business plan. This probably will be a significant capital
investment."
Cloer agreed.
MOTIO by Commissioner Mitchell to allow EMS to charge the Medicare allowable
rate for Convalescent Ambulance Transports to local healthcare institutions responsible for
paying the ambulance bills for their residents, clients, and/or patients.
VOTING: Ayes — 5; Nays — 0.
Request for the Awarding of a Purchase Contract for Three New Ambulance
Chassis with Turn -key Remount of Currently Owned Modular Bodies: Purchasing Agent
Dean Lail requested approval to award a contract for three 2011 Chevrolet G-4500 dual rear
chassis and the removal/remount of the modular bodies. Lail said bids were requested from six
known vendors and two responded. He said that after review, a recommendation was being
made to award the bid to the lowest bidder, Southeastern Specialty Vehicles at a cost of
$245,997. Lail said the project was approved in the current budget at a cost of $276,950.
Johnson said the request was for ambulances already approved in the budget, and it had
nothing to do with the current convalescent transport situation.
Lail said this was correct.
Griffith asked when the ambulances would be operational.
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Cloer said that with the recent events, the remounting would be delayed, due to the need
of some of the trucks to staff up for the convalescent segment.
OTION by Commissioner Mitchell to award the contract to Southeastern Specialty
Vehicles as recommended.
VOTING: Ayes — 5; Nays — 0.
The bid summary is as follows:
BID OPENI146
AMBULANCE REMOUNTS
10:00AM NOVEMBER 15, 2011
ATTENDANCE:
I PER UNIT BID
County Staff:
DEAN LAIL PURCHASING AGENT
DELIVERYPERIOD
P.S. MAUNEY DEPT DIR, EMS
OTHER ATTENDEES:
81,999,00
$ 245,997.00
NONE
BID COMPANY NAME SIGNED
I PER UNIT BID
TOTAL BID
AWARDTOSTART
DELIVERYPERIOD
EXCEPTIONS
SOUTHEASTERN YES$
81,999,00
$ 245,997.00
I5-20 days
90 DAYS
NONE
SPECIALTY VEHICLES
FIRSTCLASS- YES
$ 100,840.00
$ 302,520.00
ONAWARD
90 WORK DAYS
NONE
TAYLORMADE
Request for Approval of an American Recovery and Reinvestment Act of 2009
Resolution in Conjunction with the ICATS Camera Project: County Manager Ron Smith
said that at the November 15 meeting, a budget amendment was approved to allow the
transportation director to allocate 75% of work time to the ARRA camera project. Smith said
since that time, the state had submitted a resolution stipulating the conditions of the grant
funding, and approval by the board was needed.
OTION by Vice Chairman Norman to approve the resolution as presented.
VOTING: Ayes — 5; Nays — 0.
The resolution is as follows:
American Recovery and Reinvestment Act of 2009 Resolution
Federal Section 5311
FY 2010 RESOLUTION
Applicant seeking permission to apply for American Recovery and Reinvestment Act of 2009
funding, enter into agreement with the North Carolina Department of Transportation and to provide the
necessary assurances.
WHEREAS, the "American Recovery and Reinvestment Act, 2009" (Pub. L. 111-5; "ARRA"),
signed into law by President Barack Obama on February 17, 2009, includes $8.4 billion for transit capital
improvements, for which the intent of the legislation is to: a) preserve and create jobs and promote
economic recovery; b) assist those affected negatively by the recession; c) provide investments needed to
increase economic efficiency by spurring technological advances; d) invest in transportation infrastructure
that will provide long-term economic benefits; and e) stabilize State and local government budgets, in
order to minimize reductions in essential services and counterproductive state and local tax increases; and
WHEREAS, the ARRA provides $680 million of the $6.9 billion available under the Transit
Capital Assistance Program, to non -urbanized areas based on 49 U.S.C. section 5311; and
WHEREAS, the non -urbanized area funds are apportioned based upon the non -urbanized
population of each state relative to the national urbanized area and land area in non -urbanized areas, of
which the State of North Carolina has been apportioned $33 million, and, after required set -asides for
intercity projects and state administration costs, North Carolina has announced the availability of
approximately $24.7 million to fund eligible transit capital projects, as defined in 49 U.S.C. 5302(a)(1), in
non -urbanized areas; and
WHEREAS, Article 213 of Chapter 136 of the North Carolina General Statutes and the Governor
of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the
agency responsible for administering federal and state public transportation funds; and
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WHEREAS, the purpose of these ARRA transportation funds is to provide grant monies to local
agencies for rural public transportation capital improvement projects consistent with the intent of the
legislation and to support efforts to stimulate the economy; and
WHEREAS, Iredell County hereby assures and certifies that it will comply with the federal and
state statutes, regulations, executive orders, Section 5333 (b) Warranty, and all special federal and state
reporting requirements (at least quarterly) which relate to the applications made to and grants received
from the Federal Transit Administration, as well as the provisions of Section 1001 of Title 18, U. S. C.
NOW, THEREFORE, be it resolved that the Transportation Director of Iredell County is hereby
authorized to submit a grant application for federal funding, make the necessary assurances, and
certifications, and be empowered to enter into an agreement with the NCDOT to provide rural public
transportation capital.
Request for Approval of the November 15 & 21, 2011 Minutes: MOTION by Vice
Chairman Norman to approve the minutes as presented.
VOTING: Ayes — 5; Nays — 0.
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Nursing Home Advisory Committee (1 announcement)
APPOINTMENTS TO BOARDS AND COMMISSIONS
Criminal Justice Partnership Program Committee (8 appointments): Commissioner
Robertson nominated Rena Turner, Joe Crosswhite, Bill Hamby, George Pettigrew, Tim Kerley,
Gene Houpe, Robin Griffin, and Ron Smith.
MOTIO by Chairman Johnson to close the nominations and to appoint the eight
individuals by acclamation.
VOTING: Ayes — 5; Nays — 0.
Home & Community Care Block Grant Committee (2 appointments):
Commissioner Mitchell nominated Anna Rice and Lynda Sloan.
OT10N by Chairman Johnson to appoint Rice and Sloan by acclamation.
VOTING: Ayes — 5; Nays — 0.
Purchase of Development Rights Committee (3 appointments): Commissioner
Robertson nominated Danny Allen and Andy Gray. He said the third appointment would be
made when a Cooperative Extension Director had been appointed.
OTIO by Chairman Johnson to close the nominations and to appoint Allen and Gray
by acclamation.
VOTING: Ayes — 5; Nays — 0.
Recreation Advisory Board (4 appointments): Commissioner Robertson nominated
Kevin Smith, David Holcomb, Mike Heintz, and Pam Christopher.
MOTION by Chairman Johnson to close the nominations and to appoint the four
individuals by acclamation.
VOTING: Ayes — 5; Nays — 0.
Zoning Board of Adjustment (3 appointments): Commissioner Robertson nominated
Bob Dellinger, Nick Carrington, and A.K. Loyd.
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MOTION by Chairman Johnson to close the nominations and to appoint the three
individuals by acclamation.
VOTING: Ayes — 5; Nays — 0.
Board of Health (3 appointments): Commissioner Mitchell nominated
Dr. Ken Rasbornik, King Carty, and Jerry Turner.
OTION by Chairman Johnson to close the nominations and to appoint the three
individuals by acclamation.
VOTING: Ayes — 5; Nays — 0.
Facilities Task Force for Schools (1 appointment/western zone): No nominations
were submitted, and Chairman Johnson made a motion to postpone the appointment until the
December 20 meeting.
VOTING: Ayes — 5; Nays — 0.
UNFINISHED BUSINESS
Update on Savings Achieved from the Lighting Upfit Project: Special Projects
Director Lynn Niblock provided a cost savings summary regarding the buildings that had
received upfits and lighting motion detectors. By comparing data of the first six months of 2011
to the same period in 2010, he said a savings of 481,744 kilowatt hours had occurred resulting in
a cost reduction of $34,773. Niblock said the City of Statesville had increased the power rate by
five percent, and had this not occurred, the savings would have been $42,262. Additionally, he
said an added benefit was that 285.43 metric tons of CO2 gases were not released into the
atmosphere due to the power usage decrease. Niblock noted, however, that an increase in energy
usage had occurred at the Hall of Justice. He attributed the increase to (1) the city's five percent
increase (2) higher usage in January 2011 and (3) a straight electric resistance heating system
used in the building. Niblock said savings could be found if the system were converted to either
gas units or heat pumps.
CLOSED SESSION: At 8:30 p.m., Chairman Johnson made a motion to enter into
closed session pursuant to Economic Development — G.S. 143-318.11 (a) (4).
VOTING: Ayes — 5; Nays — 0.
(RETURN TO OPEN SESSION AT 8:50 P.M.)
CALL FOR A PUBLIC HEARING ON DECEMBER 20, 2011 REGARDING AN
ECONOMIC DEVELOPMENT INCENTIVE: MOTION by Commissioner Griffith to call
for a public hearing on December 20, 2011, at 7 P.M., regarding an economic development
incentive of $143,001.00, over a five-year period, for an undisclosed company based on a $9
million investment in Iredell County.
VOTING: Ayes — 5; Nays — 0.
CALL FOR A PUBLIC HEARING ON DECEMBER 20, 2011 REGARDING AN
ECONOMIC DEVELOPMENT INCENTIVE: OTION by Commissioner Griffith to call
for a public hearing on December 20, 2011, at 7 P.M. regarding an economic development
incentive ranging between $84,711.00 to $92,656.00, over a five-year period, for an undisclosed
company based on a $5 million to $5.5 million investment in Iredell County.
VOTING: Ayes — 5; Nays — 0.
ADJOURNMENT: There being no further business to conduct, Chairman Johnson at
8:55 P.M., made a motion to adjourn. (NEXT MEETING: Tuesday, December 20, 2011, at
7:00 P.M., in the Iredell County Government Center, 200 South Center Street, Statesville, NC.
Approval:
Clerk to the Board
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