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HomeMy WebLinkAboutNovember_20_2012_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES NOVEMBER 20, 2012 The Iredell County Board of Commissioners met on Tuesday, November 20, 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 Frank Mitchell Sara Haire Tice Absent: Ken Robertson Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County Manager Tracy Jackson, Finance Director Susan Blumenstein, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson INVOCATION by Chairman Johnson PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: MOTION by Vice Chairman Norman to approve the agenda as presented. VOTING: Ayes — 4; Nays — 0. APPOINTMENT BEFORE THE BOARD Mr. Ryan Rase, Representing the Homeowners in the Martha's Vineyard Subdivision, Requests Assistance with a Road Paving Project: Mr. Rase distributed a 12 - page handout and showed pictures of deteriorating roads in his subdivision. Rase said the developer had the subdivision's road plat recorded (December 7, 2001), but there was a written public declaration as follows: "All roads in this subdivision are hereby declared public. The maintenance of all street and roads in this subdivision shall be the responsibility of the property owners and it shall be their responsibility to bring such streets up to the standards of the North Carolina Department of Transportation before any streets on this plat are added into the NC State Highway System." He said property owners were in the audience who had lived in the subdivision from its inception, and this was not their understanding. Rase said the developer several years ago advised the homeowners that a final lift of asphalt would occur on the roads, and a petition would be submitted to the state for upkeep. He said in April of this year, information was requested from the county staff about the Iredell County Paving Participation and Assessment Program. Rase said alternatives were reviewed in an effort for the homeowners to take care of the situation themselves; however, all of the options were dismissed for the following reasons: 1. Creation of a Homeowners Association - This alternative was dismissed due to not being able to require all of the property owners to be members of the HOA. In addition, local banks will not lend to HOAs. 2. Annexation into the Town of Troutman — This alternative was dismissed due to there being a 100% participation requirement for the annexation petition. 3. Submission of a paving or maintenance request to the North Carolina State Department of Transportation. This occurred, but the State advised that it could not participate due to the roads not being included in the State system. Rase said that with the elimination of the alternatives, it was decided to approach the board of commissioners and request special property assessments for the paving costs. He said the property owners were in agreement that they should pay for the improvements, but the mechanism or process to have the work finished properly was needed. Rase said too, that a method to engage all of the property owners in the costs was needed. He then reviewed the legislation (G.S. 153A-185; G.S. 153A-205; and G.S. 160A-232) providing authority for counties to assist in these types of projects and to assess the property owners for the costs with interest. In addition, Rase said three quotes were obtained for the work, and they were $121,000; $98,000; and $86,500. Concluding, Rase requested the board to allow the county staff to work with him in accomplishing the initial groundwork for the paving petition. He said then, the request could be resubmitted to the board if enough property owners signed the petition. Chairman Johnson said similar requests had been submitted in the past, and the board had always been reluctant to assist due to there being about 200 miles of unimproved roads in the county. He said Martha's Vineyard wouldn't be as difficult as others, due to there being a deeded road, plus the residents' ability to pay in this particular subdivision might be higher than in other areas of the county. Johnson said one concern, however, was that there could be a cash flow problem if the county engaged in improving roads not included in the State's maintained list (Secondary Roads Program). He said for Martha's Vineyard, the county would have to produce $100,000 on the front end, and then other property owners would have similar requests. Johnson said five years out, the county would be minus a substantial amount of money, and the taxpayers would have to fill the void. He said it was understood the board had the legal authority to improve the roadway by assessing the property owners for the costs, but it was unclear as to how prudent this decision might be. Rase agreed that it was unknown how many paving petition requests might be submitted, but he mentioned the money could be borrowed and interest could be charged. Commissioner Mitchell asked if there was a delay in building the houses, and this was why the developer never petitioned the State for inclusion into the state system. Rase said this was unknown, as he had only moved into the subdivision in 2008. He said by then, all of the houses were built. Chairman Johnson said it was understood that Mr. Rase was only seeking approval for the staff to continue in discussions about the paving assessment. He said that if the board agreed, this could be seen as a signal that there might be a chance for the project to move forward before seeking consent from all of the property owners. Rase confirmed that all he was seeking at this meeting was an opportunity to work with the staff. He said the biggest hurdle would be to obtain signatures representing 75% of the property owners which would equate to 37 or 38 signatures from the 50 households. Rase said it took over a month to obtain the 25 signatures that were submitted to the State. He said according to the statutes, the county could not assist if there was failure in meeting the required participation percentage. MOTION by Commissioner Mitchell to allow the staff to work with the property owners in obtaining signatures from 75% of the property owners. Chairman Johnson mentioned concern about supporting the motion. He said approval, in essence, would be telling the property owners that if 75% were interested, the county would agree to the assessments. Johnson said the policy of the county would be affected. He said then, the decision-making would become subjective, as each case would have to be reviewed separately, especially in regards to the property owners' ability to repay the costs. Johnson said that if the property owners didn't pay the costs, the county's taxpayers would have to pay them. Vice Chairman Norman noted that recently property owners residing near Airport Road had submitted a similar request, and they were denied. VOTING: Ayes — 1 (Mitchell); Nays — 3 (motion failed) 2 Request from the Solid Waste Department for a Tipping Fee Decrease from $35 a Ton to $15 for the Purpose of Encouraging the Recycling of Asphalt Roofing Shingles: Solid Waste Director David Lambert said a test recycling program for roofing shingles had been in operation and it was successful. He said about 40 tons had been recycled, and the vendor was well pleased. Lambert said that in order to maintain the program, however, an incentive was needed to encourage the homeowners and roofing companies to sort out the bad shingles. He requested for the fee on clean recycled shingles to be reduced to $15 a ton. Lambert said the shingles not suitable for the program would remain at the rate of $35 a ton. Chairman Johnson asked the costs per ton to handle the shingles. He said the provided information indicated it would cost $32,000 per year, but the investment return would be $50,000 to $60,000 in airspace savings. Johnson asked if Lambert was confident his current expense cash flow would remain solid, and there would be an airspace return of $18,000 to $28,000. Lambert said yes. MOTION by Commissioner Tice to approve the tipping fee decrease from $35 to $15 for the asphalt shingles in the recycling program. VOTING: Ayes — 4; Nays — 0. Request from the Sheriff's Office for Approval of Budget Amendment #10 for the Appropriation of $38,415 from Fund Balance Reserved for Federal Equity Sharing: Sheriff's Captain Mike Phillips said a budget amendment was requested to purchase a records management system. MOTION by Vice Chairman Norman to approve Budget Amendment #10. VOTING: Ayes — 4; Nays — 0. Request from the Juvenile Crime Prevention Council for Approval of Budget Amendment #11 to Recognize a Refund from SCAN for a JCPC FY 12 Repayment and for the Appropriation of Fund Balance of the Council's Special Revenue Fund in Order to Refund the North Carolina Department of Public: Finance Director Susan Blumenstein said that for year ending June 30, 2012, Iredell County received $7,896.00 more in JCPC grant funds than were actually spent by three of the pass—through programs. She said SCAN spent $765 less, Council Administration costs were $46 less, and DonLin Counseling costs were $7,085 less than the Program Agreements with the NC Department of Public Safety. Blumenstein said SCAN would reimburse Iredell County $765 to repay the NCDPS; however, the funding for DonLin and Council Administration were included in the June 30`h fund balance of the JCPC Special Revenue Fund. She said a budget amendment would amend the FYI Special Revenue Fund budget in order to refund the grant to the NCDPS. MOTION by Commissioner Mitchell to approve Budget Amendment #11. VOTING: Ayes — 4; Nays — 0. 3 Budget Amendment Fiscal Year 2012.13 To recognize refund from SCAN for JCPC FY12 repayment and appropriate fund balance of the JCPC Special Revenue Fund in order to refund NC Department of Public Safety BA#11 11/20/2012 Account# Current Chane Amended 394486 434101 JCPC Grant Refunds from Agencies (765) (765) 394880 499500 Appropriated Fund Balance (7,131) (7,131) 395486 564039 JCPC Prior Year Grant Repayments 7,896 7,896 Request for Adoption of an Amended Jail Capital Project Ordinance and Approval of Budget Amendment #12 to Appropriate/Transfer Undesignated Fund Balance of $4,000,000 to the Jail Capital Project Fund: Finance Director Blumenstein said the board on November 9, 2012, agreed to appropriate $4,000,000 from general fund undesignated (unassigned) fund balance to the Jail Construction Project Fund. She requested approval of the amended jail capital project ordinance and the budget amendment. Blumenstein said about 19% would remain in the general fund unassigned fund balance. Chairman Johnson said the entire $4 million would be restricted for the jail project. Blumenstein said this was correct. MOTION by Commissioner Tice to approve Budget Amendment 12 and the Amended Jail Capital Project Ordinance. VOTING: Ayes — 4; Nays — 0. Iredell County, North Carolina Amended Capital Project Ordinance Jail Construction Project Be it Ordained by the Board of County Commissioners of Iredell County, North Carolina: Section t. Funds for this Capital Project Fund will be provided from the following sources: Original Amendment Amended Transfer from Capital Reserve Fund $ 250,930 - $ 250,930 Transfer from General Fund - 4,000,000 4,000,000 Section 3. This Capital Project Fund shall continue until the project is complete. Section 4. Payments from this Capital Project Fund shall be authorized by the County Manager or his designee Section 5. This amended capital project fund is effective upon adoption. Budget Amendment Fiscal Year 2012.13 To appropriate Undesignated Fund Balance (unassigned) and appropriate for Transfer to Jail Capital Project Fund. BA#12 11/20/2012 Account # I Current I Chanae I Amended 104880 4995.00 Appro Fund Balance (4,000,000) (4,000,000) 105780 5760.00 Transfer to Jail Cap Project Fund 4,000,000 4,000,OOC 4 $ 250,930 4,000,000 4,250,930 Section 2. The following costs shall be paid from this fund: Professional Services - Feasibility and Planning Study $ 250,000 $ 250,000 Design and Construction - 4,000,000 4,000,000 Other Costs 930 - 930 $ 250,930 $ 4,000,000 $ 4,250,930 Section 3. This Capital Project Fund shall continue until the project is complete. Section 4. Payments from this Capital Project Fund shall be authorized by the County Manager or his designee Section 5. This amended capital project fund is effective upon adoption. Budget Amendment Fiscal Year 2012.13 To appropriate Undesignated Fund Balance (unassigned) and appropriate for Transfer to Jail Capital Project Fund. BA#12 11/20/2012 Account # I Current I Chanae I Amended 104880 4995.00 Appro Fund Balance (4,000,000) (4,000,000) 105780 5760.00 Transfer to Jail Cap Project Fund 4,000,000 4,000,OOC 4 Request from the J. Pressly Mattox Law Firm for a Revenue Stamp Refund of $135 Associated with the Recording of a General Warranty Deed: Register of Deeds Matt McCall said the North Carolina Statutes stipulated that a person presenting an instrument for registration had to report to the Register of Deeds the amount of tax due. He said then, the Register of Deeds' Office had to collect the tax and mark the instrument as being paid. McCall said the J. Pressly Mattox Law Firm had submitted an instrument with an incorrect tax amount, but the error had been caught within the timeframe for refunds. He requested that an overpayment of $135 be refunded. firm. MOTION by Chairman Johnson to approve the $135 refund to the Pressly Mattox Law VOTING: Ayes — 4; Nays — 0. Request from Vehicle Services to Increase the Time for a Position from 19 to 30 Hours: County Manager Smith said this position was discussed during the budget discussions in May, and at that time, it was recommended for the individual to only work part-time. He said, however, it was noted that the position might need more hours in the future. Smith said the board had instructed the staff to return if more hours were needed. MOTION by Vice Chairman Norman to approve the request by increasing the position's work hours from 19 to 30. VOTING: Ayes — 4; Nays — 0. Request for Approval of the October Refunds and Releases: County Manager Smith said the October refunds and releases were in order for approval. MOTION by Chairman Johnson to approve the October refunds and releases. VOTING: Ayes — 4; Nays — 0. Releases for the Month of October 2012 re Monthly Total $175,571.62 Monthly Total $126.49 Breakdown of Releases: County $ 102,105.70 Solid Waste Fees $ 962.00 E. Alex. Co. Fire #1 $ 29.99 Shepherd's Fire #2 $ 1,293.72 Mt. Mourne Fire #3 $ 244.03 All County Fire #4 $ 3,406.99 B&F Fire #5 $ 176.11 Statesville City $ 34,463.36 Statesville Downtown $ 162.00 Mooresville Town $ 26,521.84 Mooresville Downtown $ 17.22 Mooresville School $ 4,790.65 Love Valley Harmony $ 1,076.04 Troutman $ 306.93 Davidson $ 15.04 Refunds for the Month of October 2012 Breakdown of Refunds: County $ - Solid Waste Fees $ - E. Alex. Co. Fire #1 $ - Shepherd's Fire #2 $ - Mt. Mourne Fire #3 $ - All County Fire #4 $ - B&F Fire #5 $ - Statesville City $ - Statesville Downtown $ - re Monthly Total $175,571.62 Monthly Total $126.49 Mooresville Town $ 102.60 Mooresville Downtown $ - Mooresville School $ 23.89 Love Valley $ - Harmony $ - Troutman $ - Davidson $ - Request for a Decision Regarding the Tuesday, January 1, 2013 Board Meeting Due to this Date being New Year's Day: County Manager Smith noted that the first Tuesday in January fell on New Year's Day, a county holiday. He said the Rules of Procedure mentioned the possibility of holding the meeting the next day, or the board could cancel the first meeting. MOTION by Chairman Johnson to cancel the January 1 meeting and to hold only one meeting during the month. (The meeting will occur on Tuesday, January 15, 2013). VOTING: Ayes — 4; Nays — 0. Request for Approval of the October 16, 2012 Minutes: MOTIO by Vice Chairman Norman to approve the minutes as presented. VOTING: Ayes — 4; Nays — 0. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & Animal Grievance Committee (1 announcement) Board of Health (2 announcements) Home and Community Care Block Grant Committee (2 announcements) Recreation Advisory Committee (2 announcements) Zoning Board of Adjustment (2 announcements) Suspension of the Rules of Procedure Regarding the Zoning Board of Adjustment: MOTION by Commissioner Mitchell to suspend the Rules of Procedure and to proceed in appointing the zoning board of adjustment members. VOTING: Ayes — 4; Nays — 0. Commissioner Mitchell nominated Steve Shoe and Mike Johnson for the Zoning Board of Adjustment. MOTION by Chairman Johnson to appoint Shoe and Johnson by acclamation. VOTING: Ayes — 4; Nays — 0. APPOINTMENTS TO BOARDS AND Animal Grievance Committee (1 appointment): Vice Chairman Norman nominated Sidney Weisner. MOTION by Chairman Johnson to close the nominations and to appoint Weisner by acclamation. VOTING: Ayes — 4; Nays — 0. Community Child Protection Team/Fatality Team (1 appointment): Chairman Johnson made a motion to appoint Krista Hiatt by acclamation. VOTING: Ayes — 4; Nays — 0. 6 COUNTY MANAGER'S REPORT: Mr. Smith said many rabies cases had been reported (15 positive and 18 suspected), and the confirmed cases were almost double from last year. Smith said the health department and the animal control department were working together to alert the public about the situation. He said the county's website had information on wild animals and suspicious behavior. CLOSED SESSION: Pursuant to Economic Development — G.S. 143-318.11 (a) (4) & Personnel — G.S. 143-318.11 (a) (6), Chairman Johnson made a MOTION at approximately 8:00 P.M., to enter into closed session. VOTING: Ayes - 4; Nays — 0. (RETURN TO OPEN SESSION AT 8:45 P.M.) ASMO North Carolina Economic Development Incentive: OTION by Commissioner Tice to call for a public hearing on Tuesday, December 4, 2012, at 7:00 P.M., regarding an economic development incentive in an amount between $955,000.00 to $1,616,000.00, over a six-year period for ASMO North Carolina, Inc., based on a $100 million investment in Iredell County. VOTING: Ayes — 4; Nays — 0. ADJOURNMENT: There being no further business to conduct, Chairman Johnson made a MOTION at 8:46 P.M., to adjourn the meeting. (NEXT MEETING: Monday, December 3, 2012 beginning at 9 A.M., in the Iredell County Government Center, Commissioners' Meeting Room, 200 South Center Street, Statesville, NC.) VOTING: Ayes — 4; Nays — 0. Approved: %I ,dean C. Moore Clerk to the Board