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HomeMy WebLinkAboutAugust 20 2013 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES AUGUST 20, 2013 The Iredell County Board of Commissioners met on Tuesday, August 20, 2013, at 7:00 PM, 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 David Boone Renee Griffith Ken Robertson Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County Manager Tracy Jackson, Finance Director Susan Blumenstein, Planning, Development and Transportation Director Joey Raczkowski, Major Darren Campbell with the Sheriffs Office, 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 Chairman Johnson to approve the following agenda adjustments. Deletions: •Consideration of a Possible Economic Development Incentive for Project Soft Additions: *Request for Approval of a Resolution of Appreciation for the Services of William Terence ("Tracy") Jackson •Request for Approval of Budget Amendment #4 to Increase the Sheriff's Office Budget for a Department of Homeland Security Grant Awarded to Purchase IONScan Equipment *Appointments to Boards and Commissions - Recreation Advisory Committee (1 appointment) VOTING: Ayes — 5; Nays — 0. PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS RESOLUTION OF APPRECIATION FOR THE SERVICES TRACY JACKSON: OTIO by Chairman Johnson to approve the following resolution. VOTING: Ayes — 5; Nays — 0. RESOLUTION OF APPRECIATION FOR THE SERVICES OF WILLIAM TERENCE ("TRACY") JACKSON WHEREAS, Tracy Jackson has submitted his resignation effective August 30, 2013, following an impressive and distinguished career in Iredell County that began on January 7, 2000; and WHEREAS, Tracy Jackson was previously employed in Forsyth, Guilford and Brunswick Counties where he provided exceptional governmental service in a variety of EMS Positions as well as being the Director of Emergency Services; and 1 WHEREAS, Tracy Jackson has served in many roles for Iredell County including the Director of EMS, the Assistant County Manager, and the Deputy County Manager; and WHEREAS, in Tracy Jackson's last position as the Deputy County Manager he skillfully and energetically provided oversight for ten departments with over 500 employees and a combined FY 13 budget of approximately $52.5 million and with the referenced departments including Emergency Communications or 911, Animal Control, Cooperative Extension, Emergency Management, EMS, the Fire Marshal's Office, the Health Department, Social Services, Solid Waste, and Vehicle Services. In addition, previous oversight experience included the Board of Elections, Facility Services, Library Services, Parks and Recreation, as well as Transportation; and WHEREAS, Tracy Jackson has been instrumental in developing many Iredell County ordinances, strategic plans, agreements, contracts, standard operating procedures, policies; and WHEREAS, Tracy Jackson has been an exemplary leader and his work has brought much favorable recognition and acclaim to Iredell County. NOW, THEREFORE BE IT RESOLVED, by the members of the Iredell County Board of Commissioners, as follows: 1. Sincere appreciation is extended to Tracy Jackson for his many contributions to Iredell County and for his many years of outstanding and dedicated service. 2. Congratulations and Best Wishes are extended to Tracy Jackson as he assumes his new position in Lincolmon, North Carolina, as the Lincoln County Manager. APPOINTMENTS BEFORE THE BOARD Jodi John -Pippin, the Iredell Arts Council Executive Director, Speaks in Reference to a Request to Extend the Old Jail Building Lease: John -Pippin said the mission of the council was to initiate, support, and advance all of the arts and cultural activities in Iredell County. She said $36,000 in funding was provided to the council by the State Cultural Resources, and 50% of this amount was sub -granted to other arts agencies. John -Pippin said the remaining funds were used for salaries, overhead, and general expenses. She said fundraisers brought in $40,000 to meet other administrative costs. She said recently a Lowe's Home Improvement, Inc., grant for $44,000 was awarded to make the facility (gallery and concert hall) more handicapped accessible. John -Pippin said that in order to continue receiving State funds, an Americans with Disabilities (ADA) compliant entryway and restroom were needed. She said the Lowe's grant funding would pay for (1) the construction (2) the architectural drawings, and (3) a rehab code study due to the old jail being on the National Register of Historic Places She said Lowe's had requested a 20 -year lease between the council and Iredell County and having a different term might result in the loss of the funding. John -Pippin said the old jail was built in 1909, and the arts council had been an occupant for the past 40 years. She said the council desired to make the structure more welcoming and to boost tourism and the arts -based economy. John -Pippin said a lengthier lease would not be unusual as the arts councils in Burke and Ashe Counties had 25 -year lease arrangements. years. Commissioner Griffith asked Lowe's rationale for stipulating the lease had to exist for 20 John -Pippin said Lowe's had advised that a 20 -year lease was about the "norm." Chairman Johnson said it was understood some board members might be hesitant to extend the lease any longer than ten years. He asked County Manager Smith if the county might need the building in the next ten years. Smith said the only use would be for storage, and the county had used the building for this purpose in the past. Chairman Johnson asked if a 20 -year lease could be drafted where 10 years would be stipulated along with an automatic renewal and a stipulation that during the second 10 years the county would have a leasehold to the building. He said for example: "The grant is for $44,000 2 and if at any point in the second 10 years the county needs the building, the remaining pro -rated portion of the leasehold improvement will occur." Johnson said this way, Lowe's would know the county was not receiving any portion of the $44,000. He said the arts council would be able to use any remaining funds to enhance its operation. He said the benefit to the county would a better entryway along with an ADA compliant restroom. John -Pippin said it was unknown if Lowe's would accept this type of arrangement. Commissioner Griffith asked if the current lease would be eliminated if an extension occurred. John -Pippin said this had not been discussed. Chairman Johnson said the Lowe's letter indicated that a 20 year lease extension was needed. He asked Attorney Pope is a leasehold agreement could be used. Attorney Pope said the North Carolina General Statutes required that any lease for ten years, or longer, be treated as a sale and compliance with real estate laws had to occur. He said there were several ways that real estate sales could occur, for example, advertise for sealed bids, negotiate a price and advertise the negotiated price asking for upset bids, plus another way would be a private sale where a resolution was adopted stipulating the county intended to sell or lease the property. He said a private sale notice would have to be published in the newspaper specifying the price and other relevant information. Pope said a lease similar to the one mentioned by Chairman Johnson would be possible, but compliance with the statutes were necessary. Commissioner Boone said he researched the statutes and they indicated any lease for ten years or less, with any type of extension or renewal that would make the total for more than 10 years, would have to be treated as a sale of property. He said a lease for ten years with an option to renew for a period of time had to be treated as a lease with more than ten years, and these had to be treated as a sale. Boone said the county would then have to abide by the requirements mentioned by Attorney Pope such as a newspaper notice. Mr. Boone said Lowe's would have to decide whether or not to accept the lease. Boone said he was glad the arts council could use the old jail space; however, his obligation was to the county taxpayers, especially since the building was a valuable asset. He mentioned reluctance in tying up the building for a long or extended period of time. Mr. Boone said another idea, but one that would have to be treated as a sale, would be a lease that could be revoked by either party with a designated notice period, such as 90 days. He said, too, there could be an arrangement where the damages for revoking the lease would result in a nominal sum such as a dollar. Chairman Johnson asked if Ms. John Pippin would approach Lowe's with (1) a ten-year lease (2) advise or emphasize the arts council had been an occupant in the old jail for 40 years and (3) the arts council would probably remain a tenant for another 20 years. He said it could be explained the county was agreeable to a leasehold agreement in order to protect Lowe's investment. Johnson said the arrangement would be treated like a leasehold, and if the arts council were evicted after ten years, the leasehold would be pro -rated over 20 years. MOTION by Chairman Johnson to extend an offer to the Iredell County Arts Council for a ten-year lease on the building and for the Lowe's investment to be treated as a leasehold improvement pro -rated over 20 years. Chairman Johnson said John -Pippin could offer this, and if Lowe's declined, a counter offer might occur. John -Pippin said it would helpful to have something in writing from the board about the legalities involved in a ten-year lease. She said Lowe's might not be aware of the General Statute requirements. John -Pippin said Lowe's would then realize the complications involved with a lengthier lease rather than perceiving the county was not interested in assisting the arts council. Chairman Johnson asked Attorney Pope to draft some correspondence about leases over ten years and send it to John -Pippin. 3 VOTING: Ayes — 5; Nays — 0. Jeff Phillips, a Member of the Rolling Thunder Organization, Spoke to the Board about Moving the War Monuments at the Hall of Justice to the Front Lawn of the Iredell County Government Center: Mr. Phillips requested for four war monuments (WWI, WWII, Korea and Viet Nam) at the Hall of Justice to be moved to the Iredell County Government Center. He said the Viet Nam monument was at least 20 feet off the sidewalk, and people were not supposed to walk on the grass. Phillips said another problem was due to the lack of parking spaces at the Hall of Justice. He said the monuments would not take up much space at the government center, and one parking space in front of the building could be designated for school buses. Phillips mentioned the importance for the county's youth to learn about history, and the men and women who "paid the price" for freedom. Mr. Phillips said the county had equipment and landscaping materials that could be used for the monuments' relocation, and the inmates at the jail could provide the labor. He mentioned that a decision did not have to be immediately made regarding the request. Chairman Johnson said the request would be taken under consideration. PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Consideration of a Possible Economic Development Incentive for Project Whisker: Statesville Regional Development Executive Director Mike Smith requested an industrial incentive grant for a Canadian company desiring to purchase an existing building near the Statesville Business Park. He said the company was based in Quebec and had been in business since 1987. Smith said the company desired to remain anonymous at this time, and it had one other facility already located in the US. He said the company proposed to invest $500,000 for modifications to the building as well as $2.5 million for capital equipment over the next four months. Smith said initially, 10 new jobs (four management professionals; six production positions) would be created with a combined average hourly pay of just under $18. He said no employees would be relocated from Canada. Smith said the company manufactured chemicals for homes and commercial lawn/garden markets. He said the county's code enforcement department had reviewed the company's plans and determined the proper zoning already existed at the proposed site, plus the manufacturing process offered no special safety or environmental concerns. Smith said the company desired to begin the building upfit later this year and to have the capital equipment installed by the end of the year. He said the total capital investment would be at, or slightly above, the $3 million threshold established by the county, and the requested incentive was $49,422. He said the 10 new jobs would occur in the first year of operation. No one else desired to speak, and Chairman Johnson adjourned the hearing. OTION by Commissioner Robertson to approve a $49,422 incentive, over a five-year period, based on the company's $3 million investment and contingent upon a contract being executed within 180 days. VOTING: Ayes — 5; Nays — 0. ADMINISTRATIVE MATTERS Request from the South Iredell Volunteer Fire Department for Permission to Proceed with a Bank Financing in Conjunction with a new Fire Station: Describing this request were Brian Weatherman, the Chairman of the South Iredell VFD Board and Gary Styers, the Vice Chairman of the South Iredell VFD Board. Weatherman and Styers presented a PowerPoint Presentation that contained the following information. 4 Main Project Goals Build a 50 -year building Ensures a one-time project Be cost effective for operating budget Smallest operating budget in county Maintain or lower insurance rating Potential to provide live-in programs for better service Community Meeting Area No other community meeting area in our district Potential revenue source Past Information 2010 had plans completed for a shovel ready grant Building designed with goals in mind - heavy on "going green" for cost upfront, less expensive to operate Grant was not awarded Building discontinued due to other projects Estimated cost at that time was $2.9 million Current The need for a new fire station still exists Reduce cost due to other projects Partnered with fire department specific builder Keep goals in mind, but reduced: Examples: Energy efficiency, square foot, construction type, site plans and water related issues (fire sprinklers) Cost Benefit analysis for construction cost v/s cost to operate with limited budget Examples: HVAC, bay heating, propane v/s electric The now factor Current station Stacked trucks, sewer issues, sleeping of personnel Materials cost have increased 5% in the last 3 months Interest rates are increasing 2.5% to 3.25% cost $80,000 over 12 years For example on 1.6 million every 1/4% is $27,381 over the life of the loan Cost Proposal Loan Request: $1,929,941 Cost 15 -year loan with 3.25% interest (fixed rate) Annual payment of $163,834 Payments starting July 2015 Construction start date October 2013 Interest Only The first two years are interest only, based on the construction loan draws First Year - $20,000 (estimate) Second Year - $62,723 the use of Fire Tax Fund Balance for the two years of interest Commissioner Robertson asked if the station's design included an apartment for a volunteer to reside in. Weatherman said there would be five bedrooms with a "live-in kitchen" and bathroom facilities. He said the design would be similar to the departments that had paid firemen. Weatherman said the firemen would reside in the building to respond to calls, but they would receive no monetary reimbursement. In looking at the building's design, Commissioner Boone asked if the station would have drive-through bays. He also asked how the VFD would be impacted by possible annexation by Mooresville. Weatherman said there were drive-through bays. He said an annexation study occurred in 2009 when the property was purchased, and the planning departments for Mooresville and the county assisted. He mentioned that on Highway 3, on one side of the road, there was a watershed, and the Town already had jurisdiction. Weatherman said that on the Linwood Road side there was another watershed. He said a special exception had occurred for the VFD to build its station on the site, and the Town had indicated no annexation would occur on this side of the road. Commissioner Boone said no annexation east of Hwy 3, or the Coddle Creek Road, was anticipated. Weatherman said this was correct. Commissioner Griffith commended the South Iredell VFD for using the current building since 1966 and for taking good care of it as well as the equipment. Chairman Johnson agreed with Ms. Griffith's comments. Commissioner Robertson asked about the VFD's volunteer situation. Weatherman said the VFD was growing, and there were about 30 to 35 volunteers. Robertson said sometimes it was easier to attract volunteers when new equipment or stations were available. Weatherman agreed and said more community participation would occur with a new building. MOTION by Commissioner Griffith to allow the South Iredell VFD to proceed with the bank financing for a new station. VOTING: Ayes — 5; Nays — 0. Request for Consideration and/or the Awarding of a Contract for Administrative Services to Benchmark CMR, Inc., to Provide Administrative and Service Delivery Assistance Related to the 2012 Scattered Site Housing Community Development Block Grant: Planning, Development and Transportation Director Joey Raczkowski said that in May of 2013 the board voted to allow acceptance of this grant, and a qualified administrator was now needed for implementation. Raczkowski said a qualified administrator was a firm or agency that had administered at least one community development block grant. He said the county's purchasing agent had assisted in procuring three responses to a request for proposals, but only one (Benchmark CMR) had prior community development block grant experience. He said Habitat for Humanity and Urban Equity Advisors were the other agencies that responded. Mr. Raczkowski recommended that Benchmark be chosen as the administrator. Raczkowski said the consultant would be paid out of two batches of funding with one being administration, or 10% of the project, and total project funds of $22,275. He said the other component would be the service delivery budget, and this would include the work write ups and the housing inspections beyond what the county provided. Raczkowski said negotiations had occurred with Benchmark, and a fee proposal of $39,000 had been determined. He said $4,250 would remain for the county's involvement (staff time for the planning director and finance director). Commissioner Boone said competition was restricted by not allowing agencies to administer the grant if they did not have prior experience. He said it was understood that Benchmark had agreed to provide the work at $39,000, but Habitat for Humanity was willing to provide the work for 10% of the grant or $22,500. Boone asked if this was correct. Raczkowski said partially. He said Habitat had indicated it would perform the rehab side for 90% of the grant. Raczkowski said, however, "These numbers do not work." 6 Boone said Habitat for Humanity had indicated it would do the work and any administrative expenses incurred above and beyond the 10% would be the responsibility of that agency (Habitat). He said if Habitat were chosen that 90% of the funds would go towards the rehab work. Raczkowski said the county would be in violation of the state's requirements if the grant were awarded to Habitat due to the agency not having any prior Scattered Site Housing CDBG experience. Boone said he was under the impression the administrative costs would be 10% and 90% of the $225,000 would be used for rehab. He said now, it appeared that only 80% would be for the rehab work. Raczkowski said 10% would be for administration, but there was a service delivery side as well. Boone said it might not be possible, but he was in favor of trying to work something out with Habitat for Humanity. County Manager Smith said the county was awarded this type of CDBG in 2003, and 2006 with the last one causing many problems for the county due to the agency that administered the program not having experience. He said it took two to three years to correct the problems. Smith said the county did not participate in the next two CDBG cycles due to the past situation. Commissioner Griffith noted the local newspaper had referred to the grant in the past as a "no strings attached free federal money grant." She said there was no such thing. Raczkowski agreed. He said the county would have to meet many regulations with the grant. Boone said the contractors would have to bid considerably more on this type of work than they would for a private -sector client, and this was due to the additional costs. Raczkowski said there were local contractors who specialized in this type of work. Commissioner Robertson asked if the requirement for prior experience could be waived in order to allow Habitat for Humanity to perform the work. Raczkowski said he didn't believe this would be possible. He said Iredell County was well known to the Division of Community Assistance due to the performance of the past project. Raczkowski said the federal government was closely watching this particular grant. OTION by Vice Chairman Norman to award the contract for administrative services to Benchmark CMR, Inc., to provide the county with administrative and service delivery assistance related to the 2012 Scattered Site Housing Community Development Block Grant. VOTING: Ayes — 3; Nays — 2 (Boone & Griffith) Request for Consideration and/or Approval of a Memorandum of Understanding with the Charlotte Regional Transportation Planning Organization (CRTPO): Planning, Development and Transportation Director Joey Raczkowski said Bob Cook, the Secretary for the Charlotte Metropolitan Planning Organization, was attending the meeting about this request. Raczkowski said the memorandum of understanding was similar to the one drafted in 2003. He said page 8 in the document noted that the required local match was based upon planning grant funds and the cost share. Raczkowski said some wording in the document such as, "TO BE DETERMINED," had now been worked out, and there was a method to calculate the fees. He said this past July a recommendation was made indicating the population or calculation areas for Iredell County would be modified to include previously established future annexation areas agreed to by Mooresville, Troutman, and Statesville. Raczkowski said that due to Statesville not having a future annexation boundary to the north, the population calculation line would be its northern extraterritorial jurisdiction line. He said a map was included to depict this. I Pertaining to the Unifour RPO, Raczkowski said there would be two memorandums of understanding, and one of these would be presented in September. Raczkowski said the area encompassed in this RPO would be from the South Yadkin River boundary northward. Raczkowski said the previous membership dues for the Lake Norman RPO were $4,300.00, and the Unifour cost would be $4,000. He said the CRTPO would cost $11,114.00, but the county had budgeted more than this amount to cover dues in both organizations. Bob Cook, with the CRTPO, said the requested action was to approve the memorandum of understanding and to authorize the commission chair to sign the document. Cook said the MPO was expanding due to the 2010 census and the expansion of Charlotte's urbanized area. He said there was a population or per capita based system for assessing the local match. Cook said a local match was required due to the MPO being funded through federal transportation money. Commissioner Griffith mentioned she was the board's representative to the CRTPO and it would probably be beneficial if she also served on the Unifour RPO committee. OTION by Commissioner Griffith to Approve the Memorandum of Understanding with the Charlotte Regional Transportation Planning Organization. VOTING: Ayes — 5; Nays — 0. A copy of the MOLL is as follows: MEMORANDUM OF UNDERSTANDING FOR COOPERATIVE, COMPREHENSIVE, AND CONTINUING TRANSPORTATION PLANNING AMONG THE GOVERNOR OF THE STATE OF NORTH CAROLINA, THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, THE CITY OF CHARLOTTE, TOWN OF CORNELIUS, TOWN OF DAVIDSON, TOWN OF FAIRVIEW, TOWN OF HUNTERSVILLE, TOWN OF INDIAN TRAIL, IREDELL COUNTY, TOWN OF MARSHVILLE, VILLAGE OF MARVIN, TOWN OF MATTHEWS, MECKLENBURG COUNTY, TOWN OF MINERAL SPRINGS, TOWN OF MINT HILL, CITY OF MONROE, TOWN OF MOORESVILLE, TOWN OF PINEVILLE, TOWN OF STALLINGS, CITY OF STATESVILLE, TOWN OF TROUTMAN, UNION COUNTY, TOWN OF WAXHAW, TOWN OF WEDDINGTON, VILLAGE OF WESLEY CHAPEL, TOWN OF WINGATE and the METROPOLITAN TRANSIT COMMISSION, IN COOPERATION WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION WITNESSETH THAT: WHEREAS, Section 134(a) of Title 23 of the United States Code states: "It is in the national interest to encourage and promote the development of transportation systems embracing various modes of transportation in a manner which will efficiently maximize mobility of people and goods within and through urbanized areas and minimize transportation -related fuel consumption and air pollution. To accomplish this objective, metropolitan planning organizations, in cooperation with the State, shall develop transportation plans and programs for urbanized areas of the State. Such plans and programs shall provide for the development of transportation facilities (including pedestrian walkways and bicycle transportation facilities), which will function as an intermodal transportation system for the State, the metropolitan areas, and the Nation. The process for developing such plans and programs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems"; and, WHEREAS, a transportation planning process includes the operational procedures and working arrangements by which short and long-range transportation plans are soundly conceived and developed and continuously evaluated in a manner that will: 1. Assist governing bodies and official agencies in determining courses of action and in formulating attainable capital improvement programs in anticipation of community needs; and, 2. Guide private individuals and groups in planning their decisions which can be important factors in the pattern of future development and redevelopment of the area; and, WHEREAS, Chapter 136, Article 3A, Section 136-66.2(a) of the General Statutes of North Carolina requires that: Each MPO, with cooperation of the Department of Transportation, shall develop a comprehensive transportation plan in accordance with 23 U.S.C. § 134. In addition, an MPO may include projects in its transportation plan that are not included in a financially constrained plan or are anticipated to be needed beyond the horizon year as required by 23 U.S.C. § 134. For municipalities located within an MAO, the development of a comprehensive transportation plan will take place through the metropolitan 8 planning organization. For purposes of transportation planning and programming, the MPO shall represent the municipality's interests to the Department of Transportation. WHEREAS, Chapter 136, Article 3A, Section 136-66.2(bl-4) provides that: After completion and analysis of the plan, the plan shall be adopted by both the governing body of the municipality or MPO and the Department of Transportation as the basis for future transportation improvements in and around the municipality or within the MPO. The governing body of the municipality and the Department of Transportation shall reach agreement as to which of the existing and proposed streets and highways included in the adopted plan will be a part of the State highway system and which streets will be a part of the municipal street system. As used in this Article, the State highway system shall mean both the primary highway system of the State and the secondary road system of the State within municipalities. The municipality or the MPO shall provide opportunity for public comments prior to adoption of the transportation plan. For portions of a county located within an MPO, the development of a comprehensive transportation plan shall take place through the metropolitan planning organization. To complement the roadway element of the transportation plan, municipalities and MPOs may develop a collector street plan to assist in developing the roadway network. The Department of Transportation may review and provide comments but is not required to provide approval of the collector street plan. WHEREAS, Chapter 136, Article 3A, Section 136-66.2(d) provides that for MPOs, either the MPO or the Department of Transportation may propose changes in the plan at any time by giving notice to the other party, but no change shall be effective until it is adopted by both the Department of Transportation and the MPO; and, WHEREAS, it is the desire of these agencies that the previously established continuing, comprehensive, cooperative transportation planning process, as set forth in the Memorandum of Understanding dated September 2003 be revised and updated to comply with 23 U.S.C. subsections 134, as amended (Federal Highway Administration) and 49 U.S.C. 5303, 5305, 5306 and 5307 (Federal Transit Administration); and, WHEREAS, the effective date of this document shall be the date on which it is signed by the Governor of the State of North Carolina, or his designee. NOW THEREFORE the Memorandum of Understanding is amended to read as follows: SECTION I. It is hereby agreed that the CITY OF CHARLOTTE, TOWN OF CORNELIUS, TOWN OF DAVIDSON, TOWN OF FAIRVIEW, TOWN OF HUNTERSVILLE, TOWN OF INDIAN TRAIL, IREDELL COUNTY, TOWN OF MARSHVILLE, VILLAGE OF MARVIN, TOWN OF MATTHEWS, MECKLENBURG COUNTY, TOWN OF MINERAL SPRINGS, TOWN OF MINT HILL, CITY OF MONROE, TOWN OF MOORESVILLE, TOWN OF PINEVILLE, TOWN OF STALLINGS, CITY OF STATESVILLE, TOWN OF TROUTMAN, UNION COUNTY, TOWN OF WAXHAW, TOWN OF WEDDINGTON, VILLAGE OF WESLEY CHAPEL, TOWN OF WINGATE, AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION in cooperation with THE UNITED STATES DEPARTMENT OF TRANSPORTATION, will participate in a continuing transportation planning process with responsibilities and undertakings as related in the following paragraphs: A. The area involved will consist of the Charlotte Urbanized Area as defined by the United States Department of Commerce, Bureau of the Census, in addition to that area beyond the existing urbanized area boundary that is expected to become urban within a twenty-year planning period. This area is hereinafter referred to as the Planning Area. Portions of the Charlotte Urbanized Area located in the following counties are by agreement with adjacent metropolitan planning organizations (MPO) not part of the planning area of the Charlotte Regional Transportation Planning Organization (CRTPO): Cabarms, Catawba, Gaston, Lancaster, Lincoln and York. The responsibility for implementing a continuing transportation planning process shall be the responsibility of those MPOs, as noted in the mutually adopted agreements between CRTPO and the adjacent MPOs. B. The continuing transportation planning process will be a cooperative one and all planning discussions will be reflective of and responsible to the comprehensive plans for growth and development of the Planning Area. C. The continuing transportation planning process will be conducted in accordance with the intent, procedures, and programs of Title VI of the Civil Rights Act of 1964, as amended. D. The Charlotte Regional Transportation Planning Organization, hereinafter referred to as the CRTPO, is hereby established with responsibility for coordinating transportation policy of member local governments within the Planning Area and will consist of the Chief Elected Official or a single representative appointed by the Chief Elected Official from the following Boards of General Purpose Local Government as well as two members from the North Carolina Board of Transportation and one member representing the Metropolitan Transit Commission: 9 L Charlotte City Council 2. Cornelius Board of Commissioners 3. Davidson Board of Commissioners 4. Fairview Town Council 5. Iluntersville Board of Commissioners 6. Indian Trail Town Council 7. Iredell County Board of Commissioners 8. Marshville Town Council 9. Marvin Village Council 10. Matthews Board of Commissioners 11. Mecklenburg County Board of Commissioners 12. Metropolitan Transit Commission 13. Mineral Springs Town Council 14. Mint Hill Board of Commissioners 15. Monroe City Council 16. Mooresville Town Board of Commissioners 17. Pineville Town Council 18. Stallings Town Council 19. Statesville City Council 20. Troutman Board of Aldermen 21. Union County Board of Commissioners 22. Waxhaw Board of Commissioners 23. Weddington Town Council 24. Wesley Chapel Village Council 25. Wingate Board of Commissioners 26. North Carolina Board of Transportation -Division 10 27. North Carolina Board of Transportation -Division 12 The Chief Elected Official of the above member agencies is strongly encouraged to appoint an alternate, in accordance with the rules contained within the CRTPO Bylaws. E. The duties and responsibilities of the CRTPO are as follow: 1. The CRTPO in cooperation with the State, and in cooperation with publicly owned operators of mass transportation services, shall be responsible for carrying out the urban transportation planning process specified by the U. S. Department of Transportation and shall develop the Unified Planning Work Program, the Metropolitan Transportation Plan, and the Transportation Improvement Program. 2. The CRTPO shall be the forum for cooperative decision-making by elected officials of General Purpose Local Government. However, this shall not limit the CRTPO's local responsibility for (1) insuring that the transportation planning process and the plans and improvement projects which emerge from that process are consistent with the policies and desires of local government; nor, (2) serving as a forum for the resolution of conflicts which arise during the course of developing the Metropolitan Transportation Plan and the Transportation Improvement Program. 3. The CRTPO shall review and approve the Unified Planning Work Program, Metropolitan Transportation Plan and Transportation Improvement Program. 4. The CRTPO as required shall review, approve, and endorse amendments to the Unified Planning Work Program, the Metropolitan Transportation Plan and the Transportation Improvement Program. 5. The CRTPO shall be responsible for adopting and amending the Comprehensive Transportation Plan. Action of the CRTPO in this regard (and this regard only) shall be construed as definitive action of any and all affected municipalities and shall meet the statutory requirement of G.S. 136-66.2(b) without further action of the local municipality(ies). 6. The CRTPO shall have the responsibility for keeping the Boards of General Purpose Local Government informed of the status and requirements of the transportation planning process; assisting in the dissemination and clarification of the decisions, inclinations, and policies of these Boards; and ensuring meaningful citizen participation in the transportation planning process. 7. The CRTPO shall review, approve and endorse changes to the Federal -Aid Urban Area System and Boundary, in conformance with Federal regulations. 8. The CRTPO shall review, approve, and endorse a Prospectus for transportation planning which defines work tasks and responsibilities for the various agencies participating in the transportation planning process; and 10 The CRTPO shall conduct the transportation planning process in conformance with the Clean Air Act, as amended. 10. The CRTPO is responsible for conducting public involvement and technical analyses to determine the preliminary alignments for transportation projects (both road and transitway) included in the Comprehensive Transportation Plan and Metropolitan Transportation Plan. These alignments will be used by local jurisdictions through their land development ordinances for right-of-way protection purposes. Once the CRTPO has adopted an official alignment, it can be modified only by official CRTPO action as outlined in the bylaws of the governing body and Technical Coordinating Committee. The CRTPO adopts the alignment for right-of-way purposes even if the alternatives are produced through a State or locally funded environmental study process. CRTPO decisions are subject to the voting guidelines contained in Section G 1. of this Memorandum of Understanding. 11. The representatives from each General Purpose Local Government on the CRTPO shall be responsible for instructing the clerk of his/her local government to submit certified and sealed copies of minutes or resolutions to the secretary of the CRTPO when formal action involving the Comprehensive Transportation Plan is taken by his/her local government. 12. The CRTPO is responsible for the distribution of funds distributed to CRTPO's under the provisions of MAP -2l, and successor legislation. 13. The CRTPO shall adopt a set of Bylaws. Amendments to the Bylaws shall occur by a 3/4 vote of the CRTPO. 14. The CRTPO shall maintain a centralized information repository including but not limited to the Metropolitan Transportation Plan; Comprehensive Transportation Plan; the Unified Planning Work Program (UPWP); transportation conformity analysis; CRTPO and TCC Bylaws and membership lists; copies of all final environmental studies, public hearing maps, roadway corridor official maps, and noise reports on projects within the CRTPO boundaries; copies of adopted transportation project alignments; the Transportation Improvement Program (TIP) (local and state); and any other appropriate archival information. The CRTPO shall endeavor through the affected local governments and appropriate technological means to make this information easily available to local governments, citizens, and individuals involved in land development and real estate transactions. 15. The CRTPO shall have the primary responsibility for citizen input into the continuing transportation planning process. 16. Any other duties identified as necessary to further facilitate the transportation planning process. F. CRTPO shall consist of both voting and non-voting members. Voting membership in CRTPO will consist of representatives of the following General Purpose Local Government units, the Metropolitan Transit Commission and the North Carolina Board of Transportation, which shall have the indicated number of votes: Unit Number of votes City of Charlotte 31 Town of Cornelius 2 Town of Davidson 1 Town of Fairview I Town of Huntersville 2 Town of Indian Trail 2 Iredell County 2 Town of Marshville 1 Village of Marvin I Town of Matthews 2 Mecklenburg County 2 Town of Mineral Springs I Town of Mint Hill 2 City of Monroe 2 Town of Mooresville 2 Town of Pineville I Town of Stallings I City of Statesville 2 Town of Troutman 1 Union County 2 Town of Waxhaw 1 Town of Weddington 1 11 Village of Wesley Chapel 1 Town of Wingate 1 N.C. Board of Transportation (Division 10) 1 N.C. Board of Transportation (Division 12) 1 Metropolitan Transit Commission I Total 68 Cities/Towns within the Planning Area must have local land use plans and development ordinances in place in order to be voting members. A county other than Iredell, Mecklenburg and Union that becomes part of the Planning Area in whole or in part with at least 5,000 persons in the unincorporated area will also be eligible for voting membership. (For the purpose of establishing membership and voting privileges, jurisdictional population figures shall be calculated based on the latest decennial Census reports of the population of each jurisdiction including, in Mecklenburg County, their Spheres of Influence, in Iredell, TO BE DETERMINED, and in Union County the area including their extraterritorial jurisdiction). Members will vote on matters pursuant to the authority granted by their respective governmental bodies. Non-voting membership. One representative from each of the following bodies will serve as a non-voting member: Charlotte -Mecklenburg Planning Commission Iredell County Planning Board Union County Planning Board U.S. Department of Transportation — FHWA, FTA Other local, State, or Federal agencies impacting transportation in the Planning Area, as well as cities/towns in the Planning Area that do not otherwise qualify for voting membership can become nonvoting members upon invitation by the CRTPO. Cities and towns which do not act to adopt this Memorandum of Understanding, and are otherwise eligible for voting membership, may request to participate in the CRTPO no more than three months after the Memorandum of Understanding's effective date. The effective date shall be defined as the date on which the Governor of the State of North Carolina, or his designee, signs the Memorandum of Understanding. The term of any designated representative shall be one calendar year from the date of appointment. The CRTPO shall have a Chairperson and Vice -Chairperson and shall meet in accordance with the rules contained within the CRTPO Bylaws. G. CRTPO Voting Policy 1. A simple majority (weighted) vote shall determine all issues except as provided in 2, 3 and 4 below. 2. When any project is on a road that does not carry an L, U.S., or N.C. route designation, and is totally contained within a single municipality's corporate limits or sphere of influence, its location shall be determined only with the consent of that municipality. 3. When any project is on a road that does not carry an I, U.S. or N.0 route designation, the CRTPO cannot override the position of any individual local municipality when any portion of the project is within the municipality's corporate limits or sphere of influence, except by 3/4 majority vote of all votes eligible to be cast. 4. Amendments to the MOU or the CRTPO Bylaws require a 3/4 majority vote of all votes eligible to be cast. 5. Quorum shall be established in accordance with rules contained within the CRTPO Bylaws. 6. Eligibility to vote on the CRTPO shall be limited to members in good standing. A member in good standing shall be defined as one having paid its share of funding as defined in Section J of this chapter. H. A Technical Coordinating Committee, hereinafter referred to as the TCC, shall be established with the responsibility of general review, guidance, and coordination of the transportation planning process for the Planning Area and with the responsibility for making recommendations to the respective local and State governmental agencies and the CRTPO regarding any necessary actions relating to the continuing transportation planning process. The TCC shall be responsible for development, review, and recommendation for approval of the Prospectus, Unified Planning Work Program (UPWP), Comprehensive Transportation Plan, Transportation Improvement Program, Federal -Aid Urban System and Boundary, Metropolitan Transportation Plan, planning citizen participation, and documentation reports on the transportation study. Membership of the TCC shall be defined in its bylaws and shall include technical representation from all local, county and State governmental agencies directly related to and concerned with the transportation planning process for the planning area. A TCC member (or 12 alternate) cannot be an elected official holding office in any CRTPO member Town/City Council or County Commission. Representatives of the municipalities shall be the chief administrative officers (town managers) or their designees. Other entities may be represented by their chief administrative officers or their designees. TCC members must be employees of the jurisdiction they represent. Each TCC member shall have one vote. If the chief administrative officer of a TCC member entity wishes to be represented on the TCC by an individual previously designated to represent another entity on the TCC, the requesting entity's CRTPO representative or chief administrative officer must seek and obtain written approval of such an arrangement from the TCC Chair. If a single individual is the designated representative or alternate for more than one of the above entities, the designated representative shall cast one vote for each entity represented. I. Administrative coordination for the CRTPO and for the TCC will be performed by the Charlotte - Mecklenburg Planning Department's Transportation Planning Manager, who shall report to the Chair of the CRTPO. Administrative support shall be furnished by the Charlotte -Mecklenburg Planning Department's Director. The Transportation Planning Manager shall supervise additional CRTPO staff as necessary and approved in the annual work program. The Transportation Planning Manager will serve as the Secretary for the CRTPO and TCC with the responsibility for such functions as follows: 1. Arranging meetings and agendas 2. Maintaining minutes and records 3. Preparing a Prospectus and Unified Planning Work Program (UPWP) 4. Assembling and publishing the Transportation Improvement Program 5. Serving as custodian of the Metropolitan Transportation Plan 6. Collecting from local governments certified and sealed minutes and resolutions that document transportation plan revisions and submitting these for mutual adoption by the North Carolina Department of Transportation annually or more often if deemed necessary by the CRTPO or local governments involved. 7. Monitoring the transportation planning process to insure its execution is in accordance with goals and objectives S. Performing other coordinating functions as assigned by the CRTPO 9. Taking lead responsibility for structuring public involvement in the transportation planning process 10. Preparing the annual PL Expenditure Report 11. Supervising CRTPO staff The Transportation Planning Manager shall be hired by the Charlotte -Mecklenburg Planning Department's Director with the concurrence of the Chairs of the CRTPO and TCC. The Transportation Planning Manager shall regularly report to the TCC and CRTPO on coordination activities and shall electronically or in writing inform interested parties of actions scheduled for consideration by the TCC and CRTPO. J. Federal Aid Planning Grant Funds 1. All transportation and related Federal Aid planning grant funds available to promote the cooperative transportation planning process will be expended in accordance with the Unified Planning Work Program adopted by the CRTPO. 2. The required local match of the Federal Aid planning grant funds shall be shared among all municipal and county voting members of the CRTPO on a per capita basis. The population totals used to calculate a municipal or county share shall be based upon the most recent decennial Census. The method used to determine the total population shall be as follows: • Iredell County: a municipality's share shall be based upon the total population contained within its corporate limits and TO BE DETERMINED, and the County share shall be based upon the total population outside the above areas in the CRTPO's planning area. • Mecklenburg County: a municipality's share shall be based upon the total population contained within its corporate limits and Sphere of Influence, and the County share shall be based upon the total population of all areas not within a municipal Sphere of Influence. • Union County: a municipality's share shall be based upon the total population contained within its corporate limits and extra -territorial jurisdiction, and the County share shall be based upon the total population outside municipal corporate limits and extra -territorial jurisdictions in the CRTPO's planning area. 3. A member providing its share of the funding shall be considered a member in good standing. Any member not providing its share of the funding by the beginning of the next Federal Fiscal Year shall forfeit its right to be a voting member during the next two Federal Fiscal Years. Administration of funding in support of the transportation planning process on behalf of the CRTPO will be conducted by the City of Charlotte which will execute appropriate agreements with funding agencies as provided by the Unified Planning Work Program. 13 SECTION I1. Subscribing agencies to this Memorandum of Understanding may terminate their participation in the continuing transportation planning process by giving 30 calendar days written notice to the CRTPO Chairperson prior to the date of termination. When annexation occurs and member municipality boundaries extend beyond the adopted urbanized area boundary, the new boundaries will automatically become part of the urbanized area and will be so designated on the Comprehensive Transportation Plan within 60 calendar days of the annexation. After 18 months from the effective date of this document, the terms of this agreement will be evaluated by the participating members. It is further agreed that these agencies will assist in the transportation planning process by providing planning assistance, data, and inventories in accordance with the Prospectus. Additionally, these agencies shall coordinate zoning and subdivision approval in accordance with the adopted Comprehensive Transportation Plan. SECTION III. In witness whereof, the Division Administrator (Federal Highway Administration) on behalf of the United States Department of Transportation, and the Secretary of Transportation on behalf of the Governor of the State of North Carolina have signed this Memorandum of Agreement and the other parties to this Memorandum of Understanding have authorized appropriate officials to sign the same, the City of Charlotte by its Mayor, the Town of Cornelius by its Mayor, the Town of Davidson by its Mayor, the Town of Fairview by its Mayor, the Town of Huntersville by its Mayor, the Town of Indian Trail by its Mayor, Iredell County by the Chair of its Board of Commissioners, the Town of Marshville by its Mayor, the Village of Marvin by its Mayor, the Town of Matthews by its Mayor, Mecklenburg County by the Chair of its Board of Commissioners, the Town of Mineral Springs by its Mayor, the Town of Mint Hill by its Mayor, the City of Monroe by its Mayor, the Town of Mooresville by its Mayor, the Town of Pineville by its Mayor, the Town of Stallings by its Mayor, the City of Statesville by its Mayor, the Town of Troutman by its Mayor, Union County by the Chair of its Board of Commissioners, the Town of Waxhaw by its Mayor, the Town of Weddington by its Mayor, the Village of Wesley Chapel by its Mayor, the Town of Wingate by its Mayor and the Metropolitan Transit Commission by its chair. a a* *s The following map depicts the population area for Iredell County's MPOportion: 14 r Planning Areas / it MPO Boundary sat Statesville Annexation Area- Davie Statesville ETJ - - _ ,Troutman Planning Area � Troutman Mooresville Boundary Agreement 21 -= 64 t,6 80 6 9. k 70 /reale ,0 rr ,r k.I f GI V Fp # Rowan Catawba 5 4 °tin) t, e6t 160 16 J Population by Geography (2010) „6 Iredell: 33,258 — Mooresville: 68,786 a Statesville'. 32.258 Troutman: 11,251 Cabarrus_ Lincoln Mec%ienburg 10 2 4 6 So,,, : 2 46-Gensus B/orks for opttlation D N� Mlles 14 The following chart shows the local match shares: Charlotte Regional Transportation Planning Organization Iredell County Local Match Shares August 9, 2013 Jurisdiction Population Local Share Iredell County 33,258 $11,114 Mooresville 68,786 $23,524 Statesville 32,258 $11,032 Troutman 11,251 $ 3 848 $49,518 The above totals are estimates based upon current assumptions regarding jurisdiction participation in the CRTPO process. If jurisdictions currently assumed to become participating members elect to withdraw from the TPO, then the local share may increase. Request from the Sheriff's Office for Approval of Budget Amendment #3 to Accept a Department of Homeland Security Grant to be used for the Replacement of a Drug Detection Canine (K-9) & Associated Costs for the Narcotics Division: Major Darren Campbell, with the Sheriff's Office, requested approval of a budget amendment to allow the purchase of a replacement K-9. Campbell said the funding would be from a Department of Homeland Security Grant, and it would cover an animal kennel, training for the officer, and the purchase cost. Commissioner Griffith asked if another canine was needed. Campbell said one was retiring out of the service. He said the new animal would assist in road patrols as well as school checks. Griffith asked the average working life of a K-9. Campbell said it varied, but if the animal happened to be a Lab or Malinois, the service life might be four to eight years or possibly longer. MOTION by Commissioner Griffith to approve Budget Amendment #3. VOTING: Ayes — 5; Nays — 0. Request for Approval of Budget Amendment #4 to Increase the Budget for a Department of Homeland Security Grant Awarded to Purchase IONScan Equipment: Major Darren Campbell, with the Sheriff's Office, said a Homeland Security Grant had been awarded for the purchase of equipment to be used with an IONSean. He said this device was used to detect narcotics and explosives. MOTION by Vice Chairman Norman to approve Budget Amendment #4. VOTING: Ayes — 5; Nays — 0. 15 To increase budget for Dept. of Homeland Security Grant awarded to purchase a replacement K-9 and associated costs for Narcotics Division. BA#3 8/20/2013 Account# Current Chane Amended General Fund 104510 436100 Homeland Security Grant - (9,000) (9,000) 105510 610000 Depreciable Assets 52,600 6,500 59,100 105510 532500 Main & Rep -Bldgs & Grounds 52,213 2,500 54,713 Request for Approval of Budget Amendment #4 to Increase the Budget for a Department of Homeland Security Grant Awarded to Purchase IONScan Equipment: Major Darren Campbell, with the Sheriff's Office, said a Homeland Security Grant had been awarded for the purchase of equipment to be used with an IONSean. He said this device was used to detect narcotics and explosives. MOTION by Vice Chairman Norman to approve Budget Amendment #4. VOTING: Ayes — 5; Nays — 0. 15 To increase budget for Dept. of Homeland Security Grant awarded to purchase IONScan equipment BA#4 8/20/2013 Account# Current Chane Amended General Fund 104510 436100 Homeland Security Grant (9,000) (700) (9,700) 105510 535000 15300 Supplies - Narcotics Equipment 700 700 Request for Adoption of a Resolution Accepting the Financing Proposal of SunTrust Institutional & Government, Inc., (STI) for the Refinancing of Outstanding Debt along with a Request for the Adoption of a Resolution Authorizing the Execution and Delivery of Documents in Connection with the Refinancing: Finance Director Susan Blumenstein said the county would be able to refinance a maximum of $22,500,000. She said a majority of this would be from the 2003 Certificates of Participation originally issued to finance East Mooresville Intermediate School, Harmony Elementary, Scotts Elementary (major renovation/addition) as well as Woodland Heights Elementary and the Workforce Development Center for Mitchell Community College. Blumenstein said RFPs or request for proposals were sent out for a direct placement financing in order to avoid paying the costs for rating agency visits. She said the Net Present Value Savings over the remaining life of the issue would be $2,290,580 and the total annual savings over the remaining life of the COPS would be $2,546,939. She said the rescue squad savings would be $15,044. Blumenstein said Sun Trust Institutional (STI) was the financial agency recommended for the debt placement after review of the six proposals. Finance Director Susan Blumenstein introduced the following resolution. RESOLUTION ACCEPTING THE PROPOSAL OF STI INSTITUTIONAL & GOVERNMENT, INC., IN CONNECTION WITH THE REFINANCING OF CERTAIN OUTSTANDING INSTALLMENT FINANCING OBLIGATIONS OF THE COUNTY PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT WHEREAS, the County of Iredell, North Carolina (the "County") intends to enter into an installment financing agreement pursuant to Section 160A-20 of the General Statutes of North Carolina for the purpose of refinancing certain installment financing obligations of the County evidenced by (a) an Installment Financing Agreement, dated as of December 1, 2003, between the County and Iredell County Public Facilities Corporation, relating to Certificates of Participation (Iredell County Public Facilities Projects), Series 2003, dated December 15, 2003, the proceeds of which were used to finance the costs of (i) additions and renovations to Scotts Elementary School and Harmony Elementary School, (ii) the acquisition, construction and equipping of a new elementary school and new intermediate school, and (iii) an addition to Mitchell Community College; and (b) an Installment Financing and Security Agreement, dated as of August 25, 2004, between the County and SouthTrust Bank, N.A. (as succeeded by Wells Fargo Bank, N.A.), the proceeds of which were used to finance the costs of (i) a facility to house the offices, vehicles and equipment of the Iredell County Rescue Squad and (ii) a fully -equipped 2000 Pierce Heavy Rescue Vehicle (collectively, the "Prior Indebtedness"); and WHEREAS, the County has solicited proposals from financial institutions to provide the source of funds for such refinancing; and WHEREAS, upon careful review and consideration of the proposals submitted by such financial institutions to provide such financing, the County desires to accept the proposal of STI Institutional & Government, Inc. (the "Lender"); NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners (the "Board") for the County as follows: 1. The proposal of the Lender to advance funds to the County pursuant to an installment financing arrangement in the aggregate principal amount not to exceed of $22,500,000 for the purpose of providing funds, together with any other available funds, to refund all or a portion the 16 Prior Indebtedness and paying the related financing costs is hereby accepted, subject to further approval of the particular documentation related thereto by the Board. 2. The Director of Finance and Administrative Services of the County is hereby authorized and directed to execute and deliver such documentation as may be necessary to accept the proposal of the Lender. 3. This resolution shall take effect immediately upon its passage. Upon otio of Commissioner Griffith, seconded by Commissioner Boone, the foregoing resolution was adopted by the following vote: VOTING: Ayes — 5; Nays — 0 Finance Director Susan Blumenstein introduced the following resolution. RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT FINANCING AGREEMENT, A DEED OF TRUST AND RELATED DOCUMENTS IN CONNECTION WITH THE REFINANCING OF CERTAIN OUTSTANDING INDEBTEDNESS OF THE COUNTY BE IT RESOLVED by the Board of Commissioners (the `Board") for the County of Iredell, North Carolina (the "County"): Section 1. The Board does hereby find and determine as follows: (a) The County has determined that it is in the best interest of the County to refinance certain installment financing obligations of the County evidenced by (a) an Installment Financing Agreement, dated as of December 1, 2003, between the County and Iredell County Public Facilities Corporation, relating to Certificates of Participation (Iredell County Public Facilities Projects), Series 2003, dated December 15, 2003, the proceeds of which were used to finance the costs of (i) additions and renovations to Scotts Elementary School and Harmony Elementary School, (ii) the acquisition, construction and equipping of a new elementary school and new intermediate school, and (iii) an addition to Mitchell Community College; and (b) an Installment Financing and Security Agreement, dated as of August 25, 2004, between the County and SouthTrust Bank, N.A. (as succeeded by Wells Fargo Bank, N.A.), the proceeds of which were used to finance the costs of (i) a facility to house the offices, vehicles and equipment of the Iredell County Rescue Squad and (ii) a fully -equipped 2000 Pierce Heavy Rescue Vehicle (collectively, the "Prior Indebtedness"). (b) After a public hearing and due consideration, the Board has determined that the most efficient manner of refinancing the Prior Indebtedness will be through the entering into of an Installment Financing Agreement, to be dated the date of delivery thereof (the "Agreement"), between the County and STI Institutional & Government, Inc. (the "Lender"), pursuant to which the Lender will advance to the County amounts sufficient, together with other funds to be provided by the County, to pay the cost of refinancing the Prior Indebtedness, and the County will repay the advancement in installments, with interest (the "Installment Payments"). (c) In order to secure such Installment Payments, the County will execute and deliver a Deed of Trust, to be dated the date of delivery thereof (the "Deed of Trust"), from the County to the deed of trust trustee named therein for the benefit of the Lender, granting a first lien of record on the sites of Harmony Elementary School and East Mooresville Intermediate School, which where originally financed with a portion of the proceeds of the Prior Indebtedness, together with all improvements and fixtures located thereon (collectively, the "Mortgaged Property"). (d) (i) At the time the County incurred a portion of the Prior Indebtedness, the County and the Iredell-Statesville Schools' Board of Education (the "Iredell-Statesville Schools' Board of Education") entered into a Lease Agreement, dated as of December 1, 2003, relating to the lease by County to the Iredell-Statesville Schools' Board of Education of the site of Harmony Elementary School, which represents a portion of the Mortgaged Property. In connection with the refinancing contemplated hereby, it is determined that it is in the best interests of the County to enter into a First Supplemental Lease Agreement (the "Harmony Elementary School First Supplement"), to be entered into by the County and the Iredell-Statesville Schools' Board of Education. (ii) At the time the County incurred a portion of the Prior Indebtedness, the County and the Mooresville Graded School District Board of Education (the "Mooresville Graded School District Board of Education") entered into a Lease Agreement, dated as of December 1, 2003, 17 relating to the lease by County to the Mooresville Graded School District Board of Education of the site of East Mooresville Intermediate School, which represents a portion of the Mortgaged Property. In connection with the refinancing contemplated hereby, it is determined that it is in the best interests of the County to enter into a First Supplemental Lease Agreement (the "East Mooresville Intermediate School First Supplement"), to be entered into by the County and the Mooresville Graded School District Board of Education. (e) There has been presented to the Board at this meeting drafts of the Agreement, the Deed of Trust, the Harmony Elementary School First Supplement and the East Mooresville Intermediate School First Supplement. Section 2. In order to provide for the refinancing of the Prior Indebtedness, the County is hereby authorized to enter into the Agreement and receive an advancement pursuant thereto in the principal amount not to exceed $22,500,000. The County shall repay the advancement in installments due in the amounts and at the times set forth in the Agreement. The payments of the Installment Payments shall be designated as principal and interest as provided in the Agreement. Section 3. The Board hereby approves the Agreement, the Deed of Trust, the Harmony Elementary School First Supplement and the East Mooresville Intermediate School First Supplement in substantially the forms presented at this meeting. The Chairman of the Board and the County Manager of the County are each hereby authorized to execute and deliver on behalf of the County said documents in substantially the forms presented at this meeting, containing such insertions, deletions and filling in of blanks as the person executing such documents shall approve, such execution to be conclusive evidence of approval by the Board of any such changes. The Clerk to the Board or any Deputy or Assistant Clerk to the Board is hereby authorized and directed to affix the corporate seal of the County to each of said documents and to attest the same. Section 4. No deficiency judgment may be rendered against the County in any action for breach of any contractual obligation authorized pursuant to this resolution and the taxing power of the County is not and may not be pledged directly or indirectly to secure any moneys due under any contract herein authorized. Section 5. The Chairman of the Board, the County Manager, the Director of Finance and Administrative Services and the Clerk to the Board for the County, and any other officers, agents and employees of the County, are hereby authorized and directed to execute and deliver such closing certificates, opinions and other items of evidence as shall be deemed necessary to consummate the transactions described above. Section 6. This resolution shall take effect immediately upon its passage. Upon Fnotion of Commissioner Griffith, seconded by Commissioner Boone, the foregoing resolution was adopted by the following vote: VOTING: Ayes — 5; Nays - 0 Request from the Tax Department for Approval of the July 2013 Refunds and Releases: County Manager Smith announced that the tax department had submitted the July tax refunds and releases for approval. MOTION by Commissioner Griffith to approve the July 2013 refunds and releases. VOTING: Ayes — 5; Nays — 0. Releases for the Month of July 2013 Monthly $ 23,083.73 Total Breakdown of Releases: County $ 14,058.57 Solid Waste Fees $ 277.50 E. Alex. Co. Fire #1 $ 10.86 Shepherd's Fire #2 $ 113.31 Mt. Mourne Fire #3 $ 130.28 All County Fire 44 $ 499.11 18 Monthly $ 23,083.73 Total B&F Fire #5 $ 320.07 Statesville City $ 1,111.57 Statesville Downtown $ - Mooresville Town $ 4,794.44 Mooresville Downtown $ - Mooresville School $ 1,616.28 Love Valley $ - Harmony $ 2.10 Troutman $ 149.64 Davidson $ - Refunds for the Month of July 2013 Monthly $3,690.36 Total Breakdown of Refunds: County $ 1,396.68 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 $ 1,103.96 Statesville Downtown $ - Mooresville Town $ 1,168.74 Mooresville Downtown $ - Mooresville School $ 20.98 Love Valley $ - Harmony $ - Troutman $ - Davidson $ - Request for Approval of the July 30 & August 6, 2013 Minutes: MOTION by Commissioner Boone to approve the July 30 & August 6, 2013 minutes. VOTING: Ayes — 5; Nays — 0. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Personnel Advisory Committee (1 announcement) Troutman Board of Adjustment (ETJ - 1 announcement) APPOINTMENTS TO BOARDS AND COMMISSIONS Charlotte Douglas International Airport Commission (1 appointment): MOTION by Chairman Johnson to postpone this appointment until the September 3 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (3 appointments): Commissioner Robertson nominated Shea Musick, Scott Coble and Walter Kasmir. MOTION by Chairman Johnson to close the nominations and to appoint Musick, Coble and Kasmir by acclamation. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee (1 appointment): Commissioner Robertson nominated Linda Piraino. OTION by Chairman Johnson to close the nominations and to appoint Piraino by acclamation. VOTING: Ayes — 5; Nays — 0. 19 Animal Grievance Committee (1 appointment): Commissioner Boone nominated Keith Loudermilt. OTIO by Chairman Johnson to close the nominations and to appoint Loudermilt by acclamation. VOTING: Ayes — 5; Nays — 0. Troutman Planning Board (ETJ — 1 appointment): Commissioner Boone nominated Bill Booker III. MOTION by Chairman Johnson to close the nominations and to appoint Booker by acclamation. VOTING: Ayes — 5; Nays — 0. Recreation Advisory Committee (I appointment): Chairman Johnson nominated Wes Davidson. MOTION by Chairman Johnson to close the nominations and to appoint Davidson by acclamation. VOTING: Ayes — 5; Nays — 0. PUBLIC COMMENT PERIOD: The public was offered an opportunity to speak, but no one accepted. COUNTY MANAGER'S REPORT: County Manager Smith reported on the following: 1. Mr. Brad Gates has accepted the Animal Control and Services Director's position. He will begin work on September 3, 2013. 2. There are high wait times for citizens to receive environmental health inspections. This problem has been caused by a vacancy in the department; however, a person was recently hired. Commissioner Boone asked the average wait time for an inspection. Smith said the department was behind by four or five weeks, and this was unacceptable. Commissioner Robertson noted that much of the backlog was in the Mooresville area. 3. The Fall Planning Session will occur sometime in late October or November. Chairman Johnson asked if economic development would be discussed at the planning session. Smith said yes. CLOSED SESSION: Pursuant to Economic Development — G.S. 143-318.11 (a) (4), Chairman Johnson at 8:50 PM, made a motion to enter into closed session. VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 9:15 PM) 20 CALL FOR A PUBLIC HEARING ON SEPTEMBER 17, 2013 FOR PROJECT REPEAT: MOTION by Commissioner Griffith to call for a public hearing on September 17, 2013, at 7 PM, regarding an economic development incentive of $417,100 over a five-year period for Project Repeat based on a $21.5 million investment in Iredell County. VOTING: Ayes — 5; Nays — 0. CALL FOR A PUBLIC HEARING ON SEPTEMBER 17, 2013 FOR PROJECT POINT: MOTION by Commissioner Griffith to call for a public hearing on September 17, 2013, at 7 PM, regarding an economic development incentive of $60,140 over a five-year period for Project Point based on a $3.1 million investment in Iredell County. VOTING: Ayes — 5; Nays — 0. CALL FOR A PUBLIC HEARING ON SEPTEMBER 17, 2013 FOR PROJECT BIG MAC: MOTION by Chairman Johnson to call for a public hearing on September 17, 2013, at 7 PM, regarding an economic development incentive of $194,000 over a five-year period for Project Big Mac based on a $10 million investment in Iredell County. VOTING: Ayes — 5; Nays — 0. CALL FOR A PUBLIC HEARING ON SEPTEMBER 17, 2013 FOR PROJECT STARCH: OTION by Chairman Johnson to call for a public hearing on September 17, 2013, at 7 PM, regarding an economic development incentive ranging between $60,140 up to $249,290 over a five-year period for Project Starch based on an investment ranging between $3,000,000 up to $12,850,000 in Iredell County. VOTING: Ayes — 5; Nays — 0. ADJOURNMENT: MOTION by Chairman Johnson to adjourn. (NEXT MEETING: Tuesday, September 3, 2013, at 7 PM, in the Iredell County Government Center, 200 South Center Street, Statesville, NC.) VOTING: Ayes — 5; Nays — 0. Approval: 21 Clerk to the Board