HomeMy WebLinkAboutMay_1_2012_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
MAY 1, 2012
The Iredell County Board of Commissioners met on Tuesday, May 1, 2012, 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, Finance Director Susan Blumenstein, Solid Waste Director David Lambert,
Cooperative Extension Director Nancy Keith, Planning/Development/Transportation Director Joey
Raczkowski, Parks/Recreation & Facility Services Director Robert Woody, Parks & Recreation
Assistant Director Michele Hepler, Purchasing Agent Dean Lail, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Johnson
INVOCATION by County Attorney Bill Pope
PLEDGE OF ALLEGIANCE: Boy Scouts Hunter Allen and Kody Armstrong with Troop
174 lead the Pledge of Allegiance. Troutman First United Methodist Church in Troutman, NC,
sponsors the troop.
ADJUSTMENTS OF THE AGENDA: OTION by Vice Chairman Norman to approve the
agenda as presented.
VOTING: Ayes — 5; Nays — 0.
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
Presentation of an Appreciation Plaque to Retiree David A. Prevette Sr., with the
Sheriff's Department: Chairman Johnson praised Lieutenant Prevette for his 29 years of exemplary
service to Iredell County. In recognition of Prevette's retirement on April 30, 2012, Chairman Johnson
presented him with an appreciation plaque.
APPOINTMENTS BEFORE THE BOARD
Presentation from David Swann, Crossroads Behavioral Healthcare's CEO, and a Request
for Approval of the Final Merger Agreement Relating to the Partners Behavioral Health
Management Organization Along with Approval of a Certificate of Merger: Mr. Swann provided a
brief overview of North Carolina's 1915 (b)/(c) Medicaid Waiver Program legislation which necessitated
a merger of three local management entities. He said Crossroads, the local management entity (LME)
comprised of Iredell, Sorry and Yadkin Counties would combine with the LMEs of Mental Health
Partners (Burke & Catawba Counties) and the Gaston, Lincoln, and Cleveland Area Mental Health
Organization (Counties of Gaston, Lincoln and Cleveland). Swann said the eight -county entity would be
called the Pathways Behavioral Health Management organization.
MOTIO by Chairman Johnson to approve the Final Merger Agreement and the Certificate of
Merger for the Partners Behavioral Health Management Organization.
VOTING: Ayes — 5; Nays — 0.
MERGER AGREEMENT
BETWEEN CROSSROADS BEHAVIORAL HEALTHCARE AND
MENTAL HEALTH PARTNERS
AND
THE GASTON-LINCOLN-CLEVELAND AREA MENTAL HEALTH
DEVELOPMENTAL DISABILITIES/SUBSTANCE
ABUSE AUTHORITY (d/b/a PATHWAYS)
WHEREAS, Crossroads Behavioral Healthcare is currently established as a multi -county area mental
health, developmental disabilities, substance abuse authority and local management entity (hereinafter referred
to as "Crossroads"); and
WHEREAS, Mental Health Partners is currently established as a multi -county area mental health,
developmental disabilities, substance abuse authority and local management entity (hereinafter referred to as
"MHP"); and
WHEREAS, Gaston -Lincoln -Cleveland Area Mental Health Developmental Disabilities/Substance
Abuse Authority is currently established as a multi -county area mental health, developmental disabilities,
substance abuse authority and local management entity (hereinafter referred to as "Pathways"); and
WHEREAS, Crossroads serves the counties of Iredell, Surry and Yadkin and its Board is appointed by
the respective Boards of Commissioners from these counties; and
WHEREAS, MHP serves the counties of Burke and Catawba and its Board is appointed by the
respective Boards of Commissioners from these counties; and
WHEREAS, Pathways serves the counties of Cleveland, Gaston and Lincoln and its Board is appointed
by the respective Boards of Commissioners from these counties; and
WHEREAS, Crossroads, MHP and Pathways have been approved by the State of North Carolina to
begin operating under North Carolina's 1915(b)/(c) Medicaid Waiver Program beginning no later than January
2013 which necessitates a merger of the three (3) local management entities ("LME's"); and
WHEREAS, all parties' goals can best be realized by expanding their "Catchment Areas" (meaning the
counties served), consolidating operations and merging to be effective on July 1, 2012; and
WHEREAS, in order to further the implementation of certain business operations and plan for
governance structure and human resource needs, the three (3) LMEs and all counties in the Catchment Areas
entered into an Intent to Merge Agreement dated November 1, 2011 setting forth their intent to merge and their
agreement on certain decisions in order to facilitate the subsequent merger; and
WHEREAS, since Crossroads, MHP and Pathways have successfully worked together since the date of
the Intent to Merge Agreement and whereas all parties' goals can best be realized by expanding their catchment
areas, the parties have now concluded that it is in their best mutual interests to merge.
NOW, THEREFORE, in consideration of the mutual promises and consideration set forth in this
Agreement, the parties commit themselves to the following:
1. PURPOSE. The intent of this merger between Crossroads, MHP and Pathways is to assure the
provision of high quality, cost effective mental health, developmental disabilities and substance abuse services
to priority consumers who are citizens of Gaston, Cleveland, Lincoln, Iredell, Surry, Yadkin, Burke and
Catawba Counties.
2. SURVIVING ENTITY. Pathways shall be the legal, surviving entity. The name of Pathways shall
be changed to Partners Behavioral Health Management ("Partners BHM") and the bylaws amended
contemporaneously with or after this merger.
3. BOARD OF DIRECTORS.
(a) The surviving entity shall be governed by a Board of Directors.
(b) The Board of Directors shall consist of up to twenty-six (26) members (twenty-five (25) members appointed
by the county commissioners and one (1) CFAC representative) with the ability to increase the membership of
the Board as needed in order to assure that each county in the Catchment Area has at least two (2) members.
The number of members from each county shall be determined by the percentage of each county's population
compared to the total population of the Catchment Area. (Ex. county population _ total population will serve to
determine percentage of board members out of 25 members). The number of members per county will be
adjusted every three (3) years based on any population changes. The population numbers used will be those
numbers as published by the North Carolina Department of Health and Human Services.
(c) The chair of the merged entity's Consumer and Family Advisory Committee (CFAC) shall be a member of
the Board of Directors by virtue of his or her position.
(d) The members (other than the CFAC chair) shall be chosen by the appointing commissioner(s) from each
respective county.
(e) The existing Boards of Directors for Crossroads, MHP and Pathways shall resign, or in the absence of such
resignation, is deemed to have resigned, such resignations to be effective immediately upon the effective date of
the merger, which is July I, 2012.
(f) Initial appointments to the Partners BHM Board shall be staggered with eight (8) positions to serve an initial
one (1) year term, eight (8) positions to serve an initial two (2) year term, and nine (9) positions to serve a three
(3) year term.
4. FUNDS REMAINING IN INTERIM FUNDING ACCOUNT. A merger/implementation fund
account of approximately $6 million dollars was established and funded by the three LMEs. The merger/
implementation fund was utilized in order to cover costs incurred in establishing the merged entity and
developing the functions of a 1915(b)(c) waiver entity. Any remaining funds in this account shall become the
property of Partners BHM.
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5. PRINCIPAL OFFICE AND LOCAL PRESENCE. The principal office of the merged entity shall
be located at 901 S. New Hope Road, Gastonia, NC 28054. The current local offices of the three (3) LMEs will
be maintained for the time being utilizing a hub and spoke operations method. Management will determine
which functions will best be handled at a centralized site with others decentralized at "spoke" locations.
6. EMPLOYEES. Inasmuch as Crossroads and MHP will no longer exist as of midnight on June 30,
2012, the current employment of any personnel of the two (2) LMEs will cease. Many of these employees will
be hired by Partners BHM as of the effective date of the merger with such personnel action to be handled on an
individual basis. The employees of Pathways shall also need to seek employment opportunities prior to the
merger in order to secure positions with Partners BHM.
7. ASSETS.
(a) Assets and Fund Balances. All assets and fund balances, designated or undesignated, currently owned and
used by Crossroads and MHP will be transferred to Pathways as the surviving entity which shall be known as
Partners BHM at the effective date of merger.
(b) Assets Upon Dissolution. In the event that Partners BHM is dissolved, ceases to function or upon the
withdrawal of a county from the catchment area at any time in the future, the net assets after payment of
liabilities, shall be distributed in accordance with North Carolina General Statutes § 122C -I 15.3(e). This statute
specifies that any budgetary surplus shall be distributed to those counties comprising the area authority on the
same pro rata basis that the counties appropriated and contributed funds to the area authority's budget during
the current fiscal year. The same method of distribution of funds shall apply when one or more counties of an
area authority withdraw.
(c) Real Estate. All real estate currently owned by Crossroads, MHP and Pathways shall be vested in the
surviving entity, Partners BHM, as of the effective date of the merger. Partners BHM is authorized to hold title
to all real estate and is authorized to determine how to use the proceeds in the event the real estate is later sold.
In the event that Partners BHM is dissolved or ceases to function at any time in the future and has not disposed
of any parcel of real estate, title shall vest as follows:
(i) if the real estate is located in the previous Pathways catchment area of Gaston, Lincoln and Cleveland
counties, title to the real estate shall vest in the county where the real estate is located;
(ii) if the real estate is located in the previous MHP catchment area of Burke and Catawba counties, title to the
real estate shall vest in the county where the real estate is located;
(iii) if the real estate is located in the previous Crossroads catchment area of Iredell, Sorry and Yadkin counties,
title to the real estate shall vest in the county where the real estate is located;
(d) Real Estate Leases. It is contemplated that any leases between Crossroads and MHP and the counties in the
Catchment Area or any other lessor will be assigned to the surviving entity on the currently existing terms to the
extent permitted by the current lease and determined to be needed by the management of Partners BHM.
(e) Personal Property. All personal property presently belonging to or used by Crossroads and MHP specifically
including but not limited to, equipment, vehicles, fixtures and inventory shall be transferred to the surviving
entity pursuant to a Contract of Conveyance/Assignment/Bill of Sale. The Contract of
Conveyance/Assignment/Bill of Sale shall be executed by the appropriate officials of Crossroads, MHP and
Pathways.
(f) Equipment Leases. Any equipment leases to which Crossroads and MHP are presently a party shall be
assigned, as deemed necessary, to the surviving entity.
8. LIABILITIES. Any liability of Crossroads and MHP arising prior to the merger, existing at the time
of this merger, or coming into existence after the merger shall become the responsibility of the surviving entity;
provided, however, this transfer of liabilities shall not impact any possible insurance coverage, any dispute or
defense as to the validity of the liability with any third party or any assertion of immunity available as a defense
against any third party. It is not the intent of Partners BHM to contract away or waive its sovereign immunity by
entering into this Agreement as against claims made by third parties.
9. COUNTY APPROPRIATIONS. The Board of County Commissioners of each of the counties in
the Catchment Area agree to use their best efforts to continue the current level of funding and to fund increases
where the Commissioners deem appropriate in order to effectively provide mental health, developmental
disability and substance abuse services throughout the combined catchment area.
10. COVENANT OF PARTNERS BHM. Partners BHM, as the surviving entity, will use its best
efforts to provide delivery of high quality mental health, developmental disabilities and substance abuse
services to residents of the Catchment Area within existing finances after the effective date of merger.
11. CATCHMENT AREA. The Catchment Area for the surviving entity shall be comprised of the
Counties of Iredell, Surry, Yadkin, Burke, Catawba, Cleveland, Gaston and Lincoln.
12. PENDING LITIGATION. Crossroads and MHP specifically affirm and warrant that there are no
pending litigation matters, with the exception of Barnette v. Barium Springs Home for Children and Crossroads
at the time of the merger for which the surviving entity could become liable.
13. EMPLOYMENT PRACTICES. To the best of their reasonable knowledge and belief, Crossroads
and MHP are presently in compliance with all federal, state and local laws and regulations with respect to
employment and employment practices, terms and conditions of employment wages and hours.
14. WAIVER. The failure of a party to insist upon strict adherence to any term of this Agreement on
any occasion shall not be considered a future waiver of the term or deprive that party of its right thereafter to
insist upon strict adherence to that term or any other term of this Merger Agreement Any waiver must be in
writing, and no waiver of any breach of any provision of Agreement shall constitute a waiver of any other
breach of such provision or of any other provision thereof.
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15. ENTIRE AGREEMENT. This Merger Agreement constitutes the entire agreement between the
parties as of the date hereof with respect to the subject matter hereof and cannot be amended or terminated
orally. All prior agreements, understandings, representations and statements, whether oral or written, are
merged into this Agreement.
16. SEVERABILITY. The parties agree that if any provision of this Agreement, or portion thereof,
shall be adjudged by any court of competent jurisdiction to be invalid or unenforceable for any reason, such
determination shall be confined to the operation of the provision at issue and shall not affect or invalidate any
other provision of this Merger Agreement, and such court shall be empowered to substitute, to the extent
enforceable, provisions similar thereto or other provisions so as to provide to the fullest extent permitted by
applicable law the benefits intended by such provisions.
17. SECTION HEADINGS. Section headings contained in this Merger Agreement are included for
convenience only and do not define, limit or describe the scope or intent of this Merger Agreement or in any
way affect this Merger Agreement.
18. APPLICABLE LAW. This Agreement shall be construed in accordance with, and governed by, the
laws of the State of North Carolina.
19. EXECUTION. The parties agree to execute all documents, instruments or further assurances as
may be necessary or required to effectuate and complete all transactions contemplated by this Agreement.
20. MULTIPLE ORIGINALS. This Agreement may be executed simultaneously in two or more
counterparts, each of which shall be deemed an original and it shall not be necessary to make any proof of this
Agreement to produce or account for more than one such counterpart.
21. SURVIVAL. The representations, warranties and indemnifications made by any party to this
Agreement shall survive the merger of the parties. The representations, warranties and indemnifications
hereunder shall not be affected or diminished by any investigation at any time by or on behalf of the party for
whose benefit the warranties and representations were made. For purposes of this paragraph, the contract shall
be construed as a continuing contract so as to bind future boards to the extent permitted by law.
22. EFFECTIVE DATE. The effective date of the Merger Agreement will be July 1, 2012.
CERTIFICATE OF MERGER
OF
CROSSROADS BEHAVIORAL HEALTHCARE WHICH IS THE AREA MENTAL
HEALTH/DEVELOPMENTAL DISABILITIES/SUBSTANCE ABUSE AUTHORITY AND LOCAL
MANAGEMENT ENTITY FOR IREDELL, SURRY AND YADKIN COUNTIES AND
MENTAL HEALTH PARTNERS
WHICH IS THE AREA MENTAL HEALTH/DEVELOPMENTAL DISABILITIES/
SUBSTANCE ABUSE AUTHORITY AND LOCAL MANAGEMENT ENTITY FOR
BURKE AND CATAWBA COUNTIES
INTO
PATHWAYS
WHICH IS THE AREA MENTAL HEALTH/DEVELOPMENTAL DISABILITIES/
SUBSTANCE ABUSE AUTHORITY AND LOCAL MANAGEMENT ENTITY FOR
GASTON, LINCOLN AND CLEVELAND COUNTIES
WHEREAS, Crossroads Behavioral Healthcare is currently established as a multi -county area mental
health, developmental disabilities, substance abuse authority and local management entity (hereinafter referred
to as "Crossroads"); and
WHEREAS, Mental Health Partners is currently established as a multi -county area mental health,
developmental disabilities, substance abuse authority and local management entity (hereinafter referred to as
"MHP"); and
WHEREAS, Gaston -Lincoln -Cleveland Area Mental Health/Developmental Disabilities/Substance
Abuse Authority d/b/a Pathways is currently established as a multi -county area mental health, developmental
disabilities, substance abuse authority and local management entity (hereinafter referred to as "Pathways"); and
WHEREAS, Crossroads serves the counties of Iredell, Surry and Yadkin and its Board is appointed by
the respective Boards of Commissioners from these counties; and
WHEREAS, MHP serves the counties of Burke and Catawba and its Board is appointed by the
respective Boards of Commissioners from these counties; and
WHEREAS, Pathways serves the counties of Cleveland, Gaston and Lincoln and its Board is appointed
by the respective Boards of Commissioners from these counties; and
WHEREAS, Crossroads, MHP and Pathways have been approved by the State of North Carolina to
begin operating under North Carolina's 1915(b)/(c) Medicaid Waiver Program beginning no later than January
2013, which has necessitated a merger of the three (3) local management entities.
THEREFORE, the name of the surviving area authority, local management entity and managed care
organization is Partners Behavioral Health Management (a/k/a Partners BHM).
The effective date of the merger is July 1, 2012.
The Agreement of Merger has been approved and executed by the Boards of Directors for each of the
area authorities/local management entities and by the Boards of Commissioners for each of the eight (8)
counties comprising its catchment area as outlined above.
The Chief Executive Officer is designated as agent of the surviving entity upon whom process against it
may be served. The address to which process may be served is:
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Partners Behavioral Health Management
Attn: Chief Executive Officer
901 South New Hope Road
Gastonia, NC 28054
The Agreement of Merger is on file at the above address and a copy will be furnished upon request
pursuant to the North Carolina public records law.
a< a< a< a< a<
ADMINISTRATIVE MATTERS
Request from the Iredell-Statesville Schools for Approval of an Easement at Coddle
Creek Elementary School (518 Presbyterian Road): Dr. Kenny Miller, the Facilities Director for
the Iredell-Statesville Schools, said the state transportation department was improving the bridge near
Coddle Creek Elementary and the work would slightly encroach upon the property. He said the state
would be paying $605 for the temporary construction easement. Miller said the easement would be
eliminated when the project was finished.
MOTIO by Commissioner Mitchell to approve the temporary easement as presented.
VOTING: Ayes — 5; Nays — 0.
Additional information regarding the easement is as follows:
Transportation Improvement Project Number.• BD -5112F
WBS Element: 45358.2.76
Parcel Number: BD -5112F004
Request from the Solid Waste Department for Approval to Award a Construction Contract
for a New White Goods Facility at the Mooresville Transfer Station: Purchasing Agent Dean Lail
requested a bid contract for the construction of a White Goods Facility at the Solid Waste Transfer Station
in Mooresville. He said sealed bids were requested from contractors known to be interested in the project
and advertisements were placed in a local newspaper as well as the Engineering Trade Journal. Lail said
eleven contractors attended the pre-bid meeting, and they were all prequalified to bid. He said
subsequently, eight sealed bids were received, opened, and recorded at a public opening held Tuesday,
March 13, 2012. Laid said the low bidder, Southern Constructors, failed to include a bid bond, and the
second low bidder, Wishon & Carter, failed to sign and have notarized the state's required Minority
Business Enterprises (MBE) document: "Affidavit A, Listing of Good Faith Efforts." He said that
because these were statutory requirements, the related defects could not be waived, and both bids were
rejected.
Lail said the third low bidder, LaFave's Construction, offered a bid of $235,121.00, and it was
compliant with all specifications as well as the NC General Statutes. He said LaFave's bid was eligible
for the award, and the staff's recommendation would be to award the contract to this company.
Additional information relating to the bids is as follows:
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1. Low bidder, Southern Constructors ($226,4001), did not include bid bond with their bid and
must be rejected as per NC G.S. 143-129.
2. 2"t loin bidder, Wishon & Carter ($231,132), submitted required HUB participation forces that
were not signed or notarized. Affidavits by definition must be signed and notarized or they
have no effect. This is not a waiv rable defect and the bid must be rejected.
3. 3" loco bidder, LaFave's Construction ($235,121), may be awarded. All required
documentation was included with bid and appropriately executed. LaFave did not submit
documentation showing ability to award subcontracts to IMBPHUB contractors. However, this
is not a disqualifying factor in and of itself provided they took appropriate steps to attempt to
meet the States HUB goal.
(Revised 4117/12) Bidder has submitted all documentation to support good faith efforts to
solicit minority and HUB subcontractor firms for subcontract opportunities said is in
compliance with the HUB requirements as attested to on Affidavit "A'
4. 4d' Low bidder, Morlando Construction ($259,900), met all provisions of the bid document and
may be awarded if any lower bidder is later found inadequate. Morlando submitted
documentation showing intent to award subcontracts of $38,000 to HUB/Mmority contractors.
5. 5"' Law bidder, Kearey Builders ($265;000), submitted all required and properly executed
documentation with bid.
6. 6tn Low bidder, Cit, Wilson (272,000), submitted all required and properly executed
documentation with bid. Wilson submitted documentation showing intent to award
subcontracts of $5,498 to IIUB/Minority contractors.
7"' Low bidder, HM Kern ($291,000), submitted all required and properly executed
documentation with bid, However, there is discrepancy between statutorily required
MBIA/HUB documentation and the bid packet "Certified MBI; utilization ... affidaviC 'I"his
affidavit shows they intend to meet the statutory 10% goal but the related HUB Required
forms showy zero MBEIHUB participation.
8. 8"t' L.ow Bidder, Country Boy Landscaping (299,485), submitted all required and properly
executed documentation with bid. However, only the original copy was submitted when the
bid package required I original and I copy. Nonetheless, this might have been waived.
Country Boy submitted documentation showing intent to award subcontracts of $11,000 to
HUB aMinoritt contractors
"IS",ta
CERTIFIED BID TABULATION
MOORESVILLE WHITE GOODS FACILITY
IREDELL COUNTY, NORTH CAROLINA
March 13, 2012 — 10:00 a.m.
rn.�•�:..rnm�i
Country Boy Landscaping, Inc.
Statesville, NC $299,485
Keary Builders
Statesville, NC $265,000
Greensboro, NC
$291,000
LaFava's CVnst,n'ti.h Co., int.
$226,400-
Landis, NC
$235,121
Morlando Construction
$222,000
- -Charlotte, NG
$259,900
Southern Constructors, Int.
Mooresville, NC
$226,400-
G. L. Wilson Budding Company
Statesville, NC
$222,000
Wishon & Carter Builders, Inc.
Yadkinvilie, NC
$231,132""'
*Bid packayv did not contain the Bid Bond — declared n - esponsive by Ire.dell County
'Bid was nilSSlng signature and nptary seal ou Affidavit A r declared non-re,ponsivn by l odaii Cornu,
OTIO by Commissioner Robertson to accept the bid from LaFave Construction at $235,121
for the White Goods Facility.
VOTING: Ayes — 5; Nays — 0.
Request from the Elections Department for Approval of a Five Year Maintenance Contract
for Voting Machines Pursuant to NCGS 163-165.9: Purchasing Agent Dean Lail said that for several
years, the NC Board of Elections had paid for voting machine maintenance agreements for counties using
available Help America Vote Act (NAVA) funds. He said that as of June 30, 2012; however, the state
board of elections anticipated there would be no available NAVA funds. Lail said NCGS 163-165.9
required county boards of elections to annually maintain the software license/maintenance agreements,
and this needed approval for the warranty coverage to continue.
Mr. Lail said ES&S Hardware was the manufacturer approved maintenance company for the state,
and the same price schedule was being extended to the counties. He said that due to ES&S being the
manufacturer's approved servicing company for North Carolina, that shopping or bidding the services was
not viable. Lail said the elections department was requesting approval of a five year maintenance
agreement, with an option to renew, with ES&S Hardware at an annual cost of $19,163.41.
MOTIO by Commissioner Mitchell to approve the Five Year Maintenance Contract with ES&S
Hardware as recommended by the staff.
VOTING: Ayes — 5; Nays — 0.
Request from Cooperative Extension for Approval of Budget Amendment #47 to
Transfer $2,692 from Contracted Services to Salaries/Wages Part Time to Cover FY 12 Summer
Intern Costs: Cooperative Extension Director Nancy Keith requested a budget amendment to cover
summer intern costs. She said the intern would be a rising college senior majoring in Soil Science. Mrs.
Keith said the intern would assist in the programs for youth, horticulture, family/consumer, and 4-H.
MOTION by Commissioner Robertson to approve Budget Amendment #47 for the summer intern
costs.
VOTING: Ayes — 5; Nays — 0.
Request from the Finance Department for Approval of a Three -Year Agreement with Robert
S. Segal, CPA, PA in Connection with the State Criminal Alien Assistance Program (SCAAP):
Finance Director Susan Blumenstein said the county had received federal funding since 2004 to help
offset jail salary costs for incarcerating undocumented, criminal aliens having at least one felony or two
misdemeanor convictions and who were incarcerated for at least four consecutive days. She said annual
payments ranged from $10,300 in 2004 to $59,540 in 2009. Blumenstein said this year $42,433 had been
received. She said the application process was detailed, and Robert S. Segal, CPA had previously been
used to complete all of the required paperwork. She said Mr. Segal was proposing a three-year agreement
at the same fee of 15¢ per dollar of SCAAP funds received.
OTION by Vice Chairman Norman to approve the Robert S. Segal, CPA, PA three-year
agreement for the SCAAP.
VOTING: Ayes — 5; Nays — 0.
Request from the Facility Services Department for Approval to Construct the Animal
Control Department's Barn Using "Force Labor": Parks/Recreation and Facility Services Manager
Robert Woody said a new animal control barn had previously been approved, and the staff was
recommending the use of force labor due to an estimated savings of $63,130. Woody said the project
met the monetary and legal requirements of G.S. 143.135, and the staff had consulted with the School of
Government for a clarification regarding the use of force account qualified labor.
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To transfer funds from Contracted Services - Other to Salaries -Part time to cover FY12 costs of a
summer intern. (Salaries for most Coop Ext. staff are budgeted as Contracted Services due to the
BA#47
agreement with NCSU.)
51112012
Account #
Current Chane Amended
105575 537500
Contracted Services - Other
257,450
(2,692)
254,758
105575 5100.03
Salaries - Part-time
1,500
2,500
4,000
105575 5125.01
FICA
2,670
192
2,862
Request from the Finance Department for Approval of a Three -Year Agreement with Robert
S. Segal, CPA, PA in Connection with the State Criminal Alien Assistance Program (SCAAP):
Finance Director Susan Blumenstein said the county had received federal funding since 2004 to help
offset jail salary costs for incarcerating undocumented, criminal aliens having at least one felony or two
misdemeanor convictions and who were incarcerated for at least four consecutive days. She said annual
payments ranged from $10,300 in 2004 to $59,540 in 2009. Blumenstein said this year $42,433 had been
received. She said the application process was detailed, and Robert S. Segal, CPA had previously been
used to complete all of the required paperwork. She said Mr. Segal was proposing a three-year agreement
at the same fee of 15¢ per dollar of SCAAP funds received.
OTION by Vice Chairman Norman to approve the Robert S. Segal, CPA, PA three-year
agreement for the SCAAP.
VOTING: Ayes — 5; Nays — 0.
Request from the Facility Services Department for Approval to Construct the Animal
Control Department's Barn Using "Force Labor": Parks/Recreation and Facility Services Manager
Robert Woody said a new animal control barn had previously been approved, and the staff was
recommending the use of force labor due to an estimated savings of $63,130. Woody said the project
met the monetary and legal requirements of G.S. 143.135, and the staff had consulted with the School of
Government for a clarification regarding the use of force account qualified labor.
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County Manager Ron Smith said bids had been solicited twice, but both times they came in over
budget. He said the primary reasons were due to the building code as well as City of Statesville
requirements. Smith said the project would come in under budget by using Facility Services employees.
OTION by Commissioner Mitchell to allow employees already in the county's work force to
construct the new Animal Control Barn.
VOTING: Ayes — 5; Nays — 0.
Update from the Planning/Development/Transportation Department Regarding the
U.S. Census Charlotte Area Urbanized Area Boundary Expansion: Planning/Development &
Transportation Director Joey Raczkowski said that on March 27, 2012, the US Census Bureau released the
newly delineated boundary for the Charlotte Urbanized Area. He said that in accordance with a US
Census Bureau definition that urbanized areas would contain a population of at least 50,000 people.
Raczkowski said several other criteria, other than populations, were factored into the delineation of
urbanized areas, including amounts of impervious surface and the proximity of an area to an already
urbanized area. He said that by applying these US Census Bureau criteria to the data collected as a part of
the 2010 Census, that Mooresville, Troutman, Statesville, and portions of Iredell County had been
incorporated into the Charlotte Urbanized Area. Continuing, he said the boundary of the Charlotte
Urbanized Area also directly impacted the area served by the Mecklenburg -Union Metropolitan Planning
Organization (MUMPO), along with several other surrounding MPOs, and Rural Planning Organizations
(RPOs) in the Charlotte region. Raczkowski said there was a Federal Highway Administration regulation
mandating that local Metropolitan Planning Organization boundaries correlate, at a minimum, with the
boundaries of urbanized areas as defined by the US Census Bureau. He said that as a result, Mooresville,
Troutman, Statesville, and portions of Iredell County were projected to become a part of the MUMPO.
A PowerPoint presentation was provided regarding this matter, and excerpts are as follows:
Urbanized Area Expansion
• Boundaries for Urbanized areas are delineated by the US Census Bureau every 10 years at the conclusion of
the Census.
*Under federal regulation, boundaries for urbanized areas also serve as the basis to establish boundaries for the
Metropolitan Planning Organizations (MPOs).
*Rural Planning Organizations (RPOs) are typically reduced in size by the growth of MPOs.
Regional MPOs and RPOs
*This region of NC has many existing RPOs and MPOs
*Both organizations primarily exist to help facilitate local processes for long-range planning and prioritization
of transportation projects.
•Iredell County currently participates in the Lake Norman RPO.
NCDOT
*NCDOT also performs a pivotal role in long range planning and prioritization of transportation projects.
*NC is divided into several NCDOT districts based upon (1) divisions, and (2) funding regions.
•Iredell County is located within NCDOT Division 12 and in Funding Region F.
Charlotte Urbanized Area
*Boundary is expanding significantly due to delineation by the US Census Bureau.
•Proposed to include portions of Iredell County, Mooresville, Statesville, and Troutman.
Federal Regulation
*Boundaries of MPOs are required, at a minimum, to follow the boundaries of urbanized areas.
•The newly delineated Charlotte Urban Area boundary also indicates the new boundary for the Charlotte -Union
Metropolitan Planning Organization (MUMPO).
*Portions of Iredell County, Mooresville, Statesville, and Troutman are proposed to become part of MUMPO.
MUMPO Responsibilities
*Under this arrangement, MUMPO will:
Receive federal financial allocation to produce long range transportation plans
Facilitate transportation project prioritization (NC DOT Divisions and Regions)
Receive and allocate federal surface transportation and urban transit funding
Potential benefits for ICATS
Existing funding for CATS
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MUMPO Transition
•March 27, 2013 federal deadline
- Planning boundary area finalized
- Structure of MPO finalized
-Memorandum of Agreement (MOA) executed
*Jurisdictions have option to participate
-Long-range planning and project facilitation is federally mandated to be completed by the
MPO regardless of participation.
MUMPO Transition
•Participating jurisdictions required to financially participate by providing a local cash match (similar to Lake
Norman RPO). Costs are unknown at this time.
•Structure of MPO
-Name
-Bylaws, rules of procedure, MOAs
-Voting structure
MPO Transition
*"Smoothing" of planning area boundaries
*Local process, agreement amongst all jurisdictions, NCDOT, and acceptance by MUMPO
MUMPO Transition
*Local Involvement
-County and municipal staff
-NCDOT — Mike Holder
-Elected and Appointed Officials
Near Future Decisions
*"Smoothing" of the planning area boundaries
*How much of Iredell County?
-Depends upon desires of the municipalities
-Depends upon if Lake Norman RPO ceases to exist
-Number of RPOs and MPOs the county wants to commit to
Near Future Decisions
*Elected and appointed official participation
•Pursuit of other options >
-Few, if any?
-Join a different MPO?
-Create our own MPO?
Next Steps
*Staff from county and municipalities continue to actively participate in meetings regarding the transition.
*Next meeting for staff is scheduled for May 30, 2012.
*Collect, research, and respond to questions from local officials.
*Provide frequent updates to management and Board of Commissioners.
Raczkowski said no action was needed at the present time. He said the staff would continue to
monitor the process.
Request from the Parks and Recreation Department for Approval of Agency
Collaboration with Non -Profit Organizations that Provide Recreation Programs for the
Citizens of Iredell County with Similar Missions and Visions as the Iredell County Parks and
Recreation Department: Parks and Recreation Assistant Director Michele Hepler asked the board to
allow the staff look at "avenues or ways" to collaborate with non-profit agencies either in the county or
within the region. Hepler said these agencies would have similar missions and visions as the recreation
department in providing programs and events for the county's citizens. She said collaboration with the
agencies would allow for the pooling of resources and the sharing of volunteers which would increase the
impact of programs or services for the county's citizens.
Commissioner Robertson asked why this couldn't occur now.
Hepler said formal approval was needed in order to work with specific agencies.
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County Manager Smith said this had been the practice in the past. Mr. Smith said the recreation
department had listed a few organizations where collaboration might occur such as: Girls on the Run of
Iredell County, the Iredell County Senior Center, and Purple Heart Homes. He said the department could
look at guidelines that were reasonable. Smith said that if the board approved the request, regulations
would be drafted, and the program would operate from the departmental level.
Chairman Johnson said in general terms he supported the concept, but standards needed to exist.
He said, otherwise, some groups without any organizational structure might start making requests.
Hepler said the staff had already started reviewing possible guideline criteria, for example, bylaws,
boards of directors, strategic plans, and mission/vision statements.
Chairman Johnson asked if the request was to obtain board approval for the concept and at some
point in the future, the staff would advise about the criteria.
Smith said this could occur.
Hepler said a set of guidelines would be drafted for adoption.
Commissioner Griffith asked how it would be determined if an agency had similar missions or
goals as the recreation department.
Hepler said a review of the agency's strategic plan would occur. She said this could be compared
to the recreation department's mission/vision plan which was to promote enhanced cultural and
recreational experiences for all citizens within the county.
Chairman Johnson said he didn't want to create an undue burden on the general public, but
sometimes agencies might ask for collaboration only to find out they had no organizational structure.
Dale Beatty, with Purple Heart Homes, advocated for the concept. He said there was much
potential with the collaboration. Beatty said many visitors traveled to the county for some of the events
and functions.
Commissioner Griffith said a few organizations had been mentioned for possible collaboration.
She said it was understood the department might work with other non -profits.
Hepler said this was correct. She said any approvals would be based on current resources in the
budget as well as staff allocations.
Chairman Johnson asked for a policy and for the department to inform the board members about its
contents.
OTION by Commissioner Robertson to direct the staff to develop a policy whereby the
recreation department could approve agency collaborations with non-profit organizations with similar
missions and visions of the Iredell County Parks & Recreation Department for recreational programs for
Iredell County citizens
VOTING: Ayes — 5; Nays — 0.
Request for Approval of the April 17, 2012 Minutes: OTION by Commissioner Griffith to
approve the minutes as presented.
VOTING: Ayes — 5; Nays — 0.
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Troutman Board of Adjustment (ETJ — 1 announcement)
Cooperative Extension Service Advisory Council (1 announcement/commissioner appt.)
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APPOINTMENTS TO BOARDS AND COMMISSIONS
Local Emergency Planning Committee (LEPC) (confirmation of all members): MOTIO by
Chairman Johnson to approve the following members for the LEPC.
VOTING: Ayes — 5; Nays — 0.
Greg Atchley
NC Emergency Mgt.
David Bullins
Statesville Fire Dept.
Marty Byers
Sheriff's Office
Donna Campbell
Health Department
David Cloer
EMS
Garland Cloer
Iredell Co. Fire Marshal
Anita Christian
Autumn Care
Renee Griffith
County Commissioner
Chuck Harris
Thorlo, Inc.
Howard Hanlon
American Red Cross
Nancy W. Keith
Cooperative Ext. Service
Tracy Jackson
County Administration
Mike James
hedell-Statesville Schools
David Martin
Iredell Co. Emergency Mgt.
Samantha Migit
Health Department
Mike Nail
Lowe's Corporation
Donnie Perry
Iredell Rescue Squad
Craig Roberson
3A Composites
Gay Rochester
Rochester Towing & Recovery
Kevin Ross
US Coast Guard (ret)
Matthew Selves
Troutman Police Dept.
Tresa Shaw
Iredell Memorial Hospital
Donna Swicegood
Record & Landmark
Johnny Vick
Davis Regional Medical Ctr.
Amy Walker
Lake Norman Regional
Randy Welch
Duke Energy
Ronnie Wooten
EnergyUnited
Appointment of the Chairman and Vice Chairman for the LEPC: MOTIO by Chairman Johnson
to appoint Chuck Harris as the LEPC Chairman and to appoint Craig Roberson as the Vice Chair.
VOTING: Ayes — 5; Nays — 0.
COUNTY MANAGER'S REPORT: County Manager Smith said the Central Permitting
Process was in its first official week of operations and the process was working well.
Budget Review Sessions: The board agreed to the following dates for FY 13 Budget Review
Sessions.
Date
Time
Location
Wednesday, May 16
5:30 — Until
South Wing
Tuesday, May 22
5:30 — Until
South Wing
Thursday, May 31
5:30 — Until
South Wing
If Needed
Thursday, June 7
South Wing
Tuesday, June 12
South Wing
CLOSED SESSION: Pursuant to G.S. 143.318.11(a) (4) — Economic Development and
G.S. 143.318.11 (a) (5) — Property Acquisition, Chairman Johnson made a motion at 8:20 P.M. to
enter into closed session.
VOTING: Ayes — 5; Nays — 0.
(RETURN TO OPEN SESSION AT 9:10 P.M.)
CALL FOR A PUBLIC HEARING ON MAY 15, 2012: OTION by Chairman Johnson
to call for a public hearing on May 15, 2012, at 7:00 P.M., regarding an economic development
incentive ranging from $203,879 to $227,712 over a five-year period for an undisclosed company
based on an investment of $12.5 Million up to $14 Million in Iredell County.
VOTING: Ayes — 5; Nays — 0.
CALL FOR A PUBLIC HEARING ON MAY 15,2012: OTION by Chairman Johnson
to call for a public hearing on May 15, 2012, at 7:00 P.M., regarding an economic development
incentive of $339,226 over a five-year period for an undisclosed company based on a $23 Million
investment in Iredell County.
VOTING: Ayes — 5; Nays — 0.
ADJOURNMENT: There being no further business to conduct, Vice Chairman
Norman at 9:12 P.M., made a motion to adjourn the meeting. (NEXT MEETING: May 15, 2012,
7:00 P.M., in the Iredell County Government Center, 200 South Center Street, Statesville, NC)
VOTING: Ayes — 5; Nays — 0.
Approval:
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Clerk to the Board