HomeMy WebLinkAboutOctober_15_2013_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
OCTOBER 15, 2013
The Iredell County Board of Commissioners met on Tuesday, October 15, 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, Finance Director
Susan Blumenstein, Tax Administrator Bill Furches, Tax Collector Melia Miller, Transportation
Administrator Ben Stikeleather, Health Director Jane Murray, Executive Assistant Retha
Gaither, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Johnson
INVOCATION by Chairman Johnson
ADJUSTMENTS TO THE AGENDA: OTION by Commissioner Griffith to
approve the agenda with the following adjustments.
Addition: Request for Approval of Budget Amendment #1 I for the Utilization of the Health
Department's Medicaid Maximization Funding for the Women, Infant and
Children (WIC) Program's Staff Salaries, if needed, with the Understanding the
Funds will be Fully Paid when WIC Funds are Restored
Deletion: Closed Session for Economic Development —G.S. 143-318.1 ](a) (4)
VOTING: Ayes — 5; Nays — 0
PUBLIC HEARINGS
Chairman Johnson declared the meeting to be in a public hearing.
Consideration of Citizen Input on the Federal Transit Administration (FTA) 5310 —
Elderly and Disabled Grant Application for ICATS: Transportation Administrator
Ben Stikeleather said the FTA 5310 grant would provide funds to transport the elderly and
disabled to grocery stores and other retailers as well as to dialysis appointments. Stikeleather
said the grant would be for $200,000 ($100,000 in federal funds and $100,000 from the Rural
Operating Assistance Program).
No one else desired to speak, and Chairman Johnson adjourned the hearing.
OTION by Commissioner Griffith to approve the FTA 5310 grant application.
VOTING: Ayes — 5; Nays — 0
PUBLIC TRANSPORTATION PROGRAM RESOLUTION
WHEREAS, Article 2B of Chapter 136 of the North Carolina General Status and the Governor
of North Carolina have designated the North Carolina Department of Transportation (NCDOT)
as the agency responsible for administering federal and state public transportation funds; and
WHEREAS, the North Carolina Department of Transportation will apply for a grant from the US
Department of Transportation, Federal Transit Administration and receives funds from the North
Carolina General Assembly to provide assistance for public transportation projects; and
I
WHEREAS, the purpose of the Section 5310 program is to improve mobility for seniors and
individuals with disabilities throughout the country, by removing barriers to transportation
services and expanding the transportation mobility options available. Toward this goal, FTA
provides financial assistance for transportation services planned, designed, and carried out to
meet the special transportation needs of seniors and individuals with disabilities in all area.
WHEREAS, NCDOT has been designated as the State agency with principle authority and
responsibility for administering the Section 5310 Program for small urbanized and rural areas;
and
WHEREAS, (Legal Name of Applicant) Iredell hereby assures and certifies that it will comply
with the federal and state statutes, regulations, executive orders, and all small administrative
requirements related to the applications made to and grants received from the Federal Transit
Administration, as well as the provisions of Section 1001 of Title 18, U.S.C.
NOW, THEREFORE, be it resolved that the (Authorized Official's Title)* Transportation
Director of (Name of Applicant's Governing Body) lredell Count v is hereby authorized to
submit a grant for federal and state funding, provide the required local match, make the
necessary assurances and certifications and be empowered to enter into an agreement with the
NCDOT to provide public transportation services.
Chairman Johnson declared the meeting to be in a public hearing.
Consideration of Citizen Input on the Federal Transit Administration (FTA) 5311 -
Administrative and Capital Grant Application for ICATS: Transportation Administrator
Ben Stikeleather said the 5311 grant provided funding for administrative and capital items and
the amount would be $390,000 ($338,000 in federal/state funding and $52,000 from the Rural
Operating Assistance Program). Stikeleather said the $390,000 was less than last year due to
ICATS not needing as many vehicle replacements.
No one else desired to speak, and Chairman Johnson adjourned the hearing.
OTION by Commissioner Griffith to approve the FTA 5311 grant application.
VOTING: Ayes — 5; Nays — 0
COMMUNITY TRANSPORTATION PROGRAM RESOLUTION
Section 5311
FY 2015 RESOLUTION
Applicant seeking permission to apply for Community Transportation Proms funding, enter
into agreement with the North Carolina Department of Transportation, provide the necessary
assurances and the required local match.
A motion was made by (Board Member's Name) Renee Griffth and seconded by (Board
Member's Name or N/A, if not required) N/A for the adoption of the following resolution, and
upon being put to a vote was duly adopted.
WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the
Governor of North Carolina have designated the North Carolina Department of
Transportation (NCDOT) as the agency responsible for administering federal and state
public transportation funds; and
WHEREAS, the North Carolina Department of Transportation will apply for a grant from
the US Department of Transportation, Federal Transit Administration and receives funds
from the North Carolina General Assembly to provide assistance for rural public
transportation projects; and
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WHEREAS, the purpose of these transportation funds is to provide grant monies to local
agencies for the provision of rural public transportation services consistent with the
policy requirements for planning, community and agency involvement, service design,
service alternatives, training and conference participation, reporting and other
requirements (drug and alcohol testing policy and program, disadvantaged business
enterprise program, and fully allocated costs analysis); and
WHEREAS, (Legal Name of Applicant) Iredell Count v hereby assures and certifies that
it will provide the required local matching funds; that its staff has the technical capacity
to implement and manage the project, prepare required reports, obtain required training,
attend meetings and conferences; and agrees to comply with the federal and state statutes,
regulations, executive orders, Section 5333 (b) Warranty, and all administrative
requirements related to the applications made to and grants received from the Federal
Transit Administration, as well as the provisions of Section 1001 of Title 18, U. S. C.
NOW, THEREFORE, be it resolved that the (Authorized Official's Title)*
Transportations Director of (Name of Applicant's Governing Body) Iredell County is
hereby authorized to submit a grant application for federal and state funding, make the
necessary assurances and certifications and be empowered to enter into an agreement
with the NCDOT to provide rural public transportation services.
Chairman Johnson declared the meeting to be in a public hearing.
Consideration of Citizen Input on the Federal Transit Administration (FTA) 5316
Job Access and Reverse Commute Grant Application for ICATS: Transportation
Administrator Ben Stikeleather said the 5316 grant would provide transportation assistance to
individuals with employment hours either before 8 AM or after 5 PM. Stikeleather said the grant
amount of $200,000 ($100,000 in federal funds and $100,000 from the Rural Operating
Assistance Program) would be the same as for last year.
No one else desired to speak, and Chairman Johnson adjourned the hearing.
OTION by Commissioner Griffith to approve the FTA 5316 grant application.
VOTING: Ayes — 5; Nays — 0
PUBLIC TRANSPORTATION PROGRAM RESOLUTION
WHEREAS, Article 2B of Chapter 136 of the North Carolina General Status and the Governor
of North Carolina have designated the North Carolina Department of Transportation (NCDOT)
as the agency responsible for administering federal and state public transportation funds; and
WHEREAS, the North Carolina Department of Transportation will apply for a grant from the US
Department of Transportation, Federal Transit Administration and receives funds from the North
Carolina General Assembly to provide assistance for public transportation projects; and
WHEREAS, the purpose of the Section 5316 program is to improve access to transportation
services to employment and employment related activities for welfare recipients and eligible
low-income individuals and to transport residents of urbanized areas and nonurbanized areas to
suburban employment opportunities; and
WHEREAS, the purpose of the Section 5317 program is to reduce barriers to transportation
services and expand the transportation mobility options available to people with disabilities
beyond the requirements of the ADA of 1990 by providing funding assistance that supports new
transportation services and/or new public transportation alternatives beyond those required by
the ADA; and
WHEREAS, NCDOT has been designated as the State agency with principle authority and
responsibility for administering the Section 5316 and 5317 programs for small urban and rural
areas; and
WHEREAS, (Legal Name of Applicant) Iredell County hereby assures and certifies that it will
comply with the federal and state statutes, regulations, executive orders, and all small
administrative requirements related to the applications made to and grants received from the
Federal Transit Administration, as well as the provisions of Section 1001 of Title 18, U.S.C.
NOW, THEREFORE, be it resolved that the (Authorized Official's Title)* Transportation
Director of (Name of Applicant's Governing Body) Iredell County is hereby authorized to
submit a grant for federal and state funding, provide the required local match, make the
necessary assurances and certifications and be empowered to enter into an agreement with the
NCDOT to provide public transportation services.
ADMINISTRATIVE MATTERS
Request from the Sheriffs Office for Approval of Budget Amendment #8 to
Appropriate $45,271 Received from a Coverdell Crime Lab Grant & with the Proceeds to
be Used for the Purchase of Analysis Equipment: Lieutenant Rick Eades, with the Iredell
County Sheriff's Office, requested approval of a budget amendment to recognize $45,271 in
grant funds. He said the money would be used to purchase analysis (blood alcohol) equipment.
Eades said the grant did not require a local match.
OTION by Vice Chairman Norman to approve Budget Amendment #8.
VOTING: Ayes — 5; Nays — 0
Request from the Sheriffs Office for Approval of Budget Amendment #9 for the
Purpose of Transferring $5,000 from Seized Funds to SCAN, Inc.: Lieutenant Rick Eades
requested permission of a budget amendment in order to transfer $5,000 from seized funds to the
Stop Child Abuse Now (SCAN) organization.
OTIO by Vice Chairman Norman to approve Budget Amendment #9.
VOTING: Ayes — 5; Nays — 0
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To record a Paul Coverdell Grant in the Sheriff's Crime Lab
Department for analysis
equipment.
BAN
10/15/2013
Account#
Current Change
Amended
General Fund
-
(45,271)
(45,271)
104512 435815 15512
Paul Coverdell Grant
105512 610000 15512
Depreciable Assets
-
45,271
45,271
Request from the Sheriffs Office for Approval of Budget Amendment #9 for the
Purpose of Transferring $5,000 from Seized Funds to SCAN, Inc.: Lieutenant Rick Eades
requested permission of a budget amendment in order to transfer $5,000 from seized funds to the
Stop Child Abuse Now (SCAN) organization.
OTIO by Vice Chairman Norman to approve Budget Amendment #9.
VOTING: Ayes — 5; Nays — 0
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Request from the Sheriff's Office for Approval of Budget Amendment #10 for the
Transfer of $56,000 from Federal Equity Funds to Depreciable Assets for Utility Vehicle
Upgrades: Lieutenant Rick Fades requested approval of a budget amendment to transfer
$56,000 from federal equity funds to depreciable assets for the purpose of upgrading a utility
vehicle.
OTION by Vice Chairman Norman to approve Budget Amendment #10.
VOTING: Ayes — 5; Nays — 0
To appropriate seized funds for a donation to SCAN.
the Sheriff's department.
BA#9
10/15/2013
Account#
10/15/2013
General Fund
-
(56,000)
(56,000)
Account#
Fund Balance - Federal Equity Funds
Current
Change
Amended
General Fund
(334,485)
(5,000)
(339,485)
104880499401
Fund Balance -Seized Funds
105510 574240
SCAN
-
5,000
5,000
Request from the Sheriff's Office for Approval of Budget Amendment #10 for the
Transfer of $56,000 from Federal Equity Funds to Depreciable Assets for Utility Vehicle
Upgrades: Lieutenant Rick Fades requested approval of a budget amendment to transfer
$56,000 from federal equity funds to depreciable assets for the purpose of upgrading a utility
vehicle.
OTION by Vice Chairman Norman to approve Budget Amendment #10.
VOTING: Ayes — 5; Nays — 0
Request for Approval of the April 2013 Tax Administration Records Retention &
Disposition Schedule and the September 3, 2013 Amendments as Submitted from the NC
Department of Cultural Resources: Tax Administrator Bill Furches said the North Carolina
Department of Cultural Resources issued a new records retention and disposition schedule in
April of this year and that amendments occurred in September. Furches said that in order to
properly dispose of obsolete records, as well as to insure the safeguarding of current records, the
board of commissioners needed to approve the schedule and amendments.
MOTION by Commissioner Boone to approve the Records Retention & Disposition
Schedule and amendments.
VOTING: Ayes — 5; Nays — 0
Request from the Tax Department for Approval of the September Refunds &
Releases: County Manager Ron Smith said the September refunds and releases had been
submitted for approval.
MOTION by Vice Chairman Norman to approve the September refunds and releases.
VOTING: Ayes — 5; Nays — 0
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To appropriate Federal Equity funds for upgrades to a utility vehicle in
the Sheriff's department.
BA#10
10/15/2013
Account#
Current Change Amended
General Fund
-
(56,000)
(56,000)
104880 499404
Fund Balance - Federal Equity Funds
105510 610000
Depreciable Assets
165,042
56,000
221,042
Request for Approval of the April 2013 Tax Administration Records Retention &
Disposition Schedule and the September 3, 2013 Amendments as Submitted from the NC
Department of Cultural Resources: Tax Administrator Bill Furches said the North Carolina
Department of Cultural Resources issued a new records retention and disposition schedule in
April of this year and that amendments occurred in September. Furches said that in order to
properly dispose of obsolete records, as well as to insure the safeguarding of current records, the
board of commissioners needed to approve the schedule and amendments.
MOTION by Commissioner Boone to approve the Records Retention & Disposition
Schedule and amendments.
VOTING: Ayes — 5; Nays — 0
Request from the Tax Department for Approval of the September Refunds &
Releases: County Manager Ron Smith said the September refunds and releases had been
submitted for approval.
MOTION by Vice Chairman Norman to approve the September refunds and releases.
VOTING: Ayes — 5; Nays — 0
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Releases for the Month of September 2013
Breakdown of Releases:
County $
Solid Waste Fees $
Mooresville Solid Waste Fees $
Davidson Solid Waste Fee $
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 $
Mooresville Town $
Mooresville Downtown $
Mooresville School $
Love Valley $
Harmony $
Troutman $
Davidson $
Refunds for the Month of September 2013
Breakdown of Refunds:
County
Solid Waste Fees
Mooresville Solid Waste Fees
Davidson Solid Waste Fee
E. Alex. Co. Fire #1
Shepherd's Fire 42
Mt. Mourne Fire #3
All County Fire #4
B&F Fire #5
Statesville City
Statesville Downtown
Mooresville Town
Mooresville Downtown
Mooresville School
Love Valley
Harmony
Troutman
Davidson
33,947.74
260.00
30.00
75.45
305.75
136.50
1,049.71
268.96
2,385.97
5.76
21,932.88
87.50
6,912.69
30.70
188.74
128.23
3,420.65
483.20
56.67
799.36
28.95
Monthly
Total $67,746.58
Monthly
Total $4,788.83
Request for Approval of the October 1, 2013 Minutes: MOTION by Commissioner
Boone to approve the minutes as presented.
VOTING: Ayes — 5; Nays — 0
Request for Approval of Budget Amendment #11 for the Utilization of the Health
Department's Medicaid Maximization Funding for the Women, Infant and
Children (WIC) Program's Staff Salaries, if needed, with the Understanding the
Funds Would be Fully Paid when WIC Funds were Restored: Health Director Jane Murray
said the board of health last week discussed the impact of the government shutdown on the WIC
Program. She said that with the shutdown, the department would not be able to issue WIC
vouchers or pay the salaries for the 13 employees working in the program. Murray said the
board of health was requesting for the commissioners to allow the use of $100,000 in Medicaid
Maximization funding for the vouchers and salaries with the understanding that when the
government restored the funds the account would be repaid. She said the $100,000 would carry
the department through the next two months. Murray said, however, that after the board of
health meeting, more funds were released for the vouchers. She said the department had now
been advised that by the end of the month no funding would be available unless the federal
government situation was resolved. She said that if the WIC employees were sent home it might
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take months for individuals to be recertified for the services. Ms. Murray mentioned that there
was about $2 million in the Medicaid Maximization account.
Chairman Johnson said that at the board of health meeting, the staff had indicated the
Medicaid Max fund was at $2,120,000.
Commissioner Boone said earlier this year the board was told the fund had approximately
$600,000 to $700,000.
Commissioner Griffith asked, assuming the government shutdown continued, if the
health department would request more money in the future if there were no vouchers.
Ms. Murray said it was hoped the department would not have to use the $100,000. She
noted that the local food banks were already depleted. Ms. Murray said if the shutdown
continued for two months, the matter would be discussed during an upcoming board of health
meeting.
Commissioner Robertson said, "Medicaid Max is money we typically get as a percentage
from the Medicaid program, and historically, we have not used this money to subsidize
operations. We've tended to buy equipment that's been used by different functions or
subdivisions of the health department. Because of the way the federal shutdown is occurring, no
budgets have been cut -- it's just that no monies are being disbursed. The fact that they have
money allocated for salaries is kind of crazy, especially with people staying at home but getting
the money anyway. I need a deal like that. We believe that our risk is quite low in that when the
shutdown ends those federal funds that can be applied to salaries will be the total amount that we
would have gotten anyhow. The money that we use from the Medicaid Max fund, to pay
salaries, can then be repaid from the funds from the federal government. When this is all said
and done we can end up at the same place as if there had never been a shutdown. I'm inclined to
support this request for that reason. I want to make it clear; however, that we are playing this
shell game with Medicaid Max funds and not with county fund balance. We are not taking the
funds from the library, the recreation department, the sheriffs office and so forth."
Murray said this was correct.
Robertson said, "I don't want anyone to think this is a blanket approval to do these types
of things in the future. If it (shutdown) continues, 1 feel sure it will disrupt people and
operations, but in this particular case, I think our risk is quite low and we will not end up on the
short end of the stick. For that reason, if you need a motion, I'll make the motion for you."
Commissioner Boone said, "The health department was not the only department seeing
some impact from the budget situation in Washington. The Social Services Department
administers daycare for approximately 950 children. This is paid from federal funds and the
local DSS administers that program. Apparently these funds will shortly be cutoff, and at a
meeting last week the Social Services Board asked the county to do what is being proposed with
the health department -- to advance some funds that would be paid back when the situation was
resolved. I don't think they put a specific dollar amount on it. The only difference is that Social
Services doesn't have a fund balance like Medicaid Maximization so they were asking for it to
be taken from the general fund. The majority consensus of this board seemed to be that it would
be setting a bad precedent to dip into our general fund even if it was for a temporary loan. Even
though I know that some people would suffer a hardship if the shutdown continues, I think my
fellow board members were probably right. It's a tough decision, but I think they were probably
right in thinking it would set a bad precedent to dip into general fund money to make up for
federal funds that are not available at the present time. The problem I have is that I don't think
there's much difference between the DSS request and the Health Department request. The only
difference is that the health department has a separate fund. As a practical matter, and I was on
the health board for a number of years and saw how the money was spent, some of the Medicaid
Max money probably was spent on equipment that maybe the county wouldn't have otherwise
bought, but I think the majority of that money was spent on items that we would have had to
fund or pay for out of the general fund had that money not been available. I think we are really
splitting hairs to distinguish between these two situations. That's the concern I have -- we might
be doing something for one agency and not for another. I think we should treat both situations
equally. I asked our manager to take a survey to see what other counties were doing, and he
went to some effort to do that. Information was received from 20 counties in the state, and there
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were really only two counties that were definitely planning to use county money or some sort of
money to supplant federal funds. A couple of others are considering it. Out of the counties
surveyed, 16 have either not made a decision or they decided not to advance money. My
understanding is that funds are available to fund WIC through October 31."
Murray said, "That's what we've been told, but last week on Tuesday at 4:07 we got an
e-mail that said we could no longer issue vouchers at close of the day at five o'clock. Honestly,
they tell us now that funds could possibly be available, but it could change any day."
Boone said that was true for everybody else. He said, "I was told shortly before this
meeting that there may be some extra funds available at DSS, but I don't know how much. The
reason I asked is because I wondered if it was necessary for us to take action tonight. Maybe we
could see what the situation is at the next meeting. If I had to bet, I'd bet the odds are better than
50-50 that the situation in Washington will be resolved before October 31. 1 think there is a
good chance, and in that case, it would not be necessary for us to take action. We would not be
setting a precedent or anything. It's a tough situation for everybody involved. I do have a little
bit of a problem with equity between the agencies."
Robertson said that earlier in the meeting the sheriffs office had been given latitude in
spending money that was not available to other county departments.
Boone said that on his part, there had been some reservations on some of the requests
submitted from the sheriff's office.
Chairman Johnson said, "There hasn't been a federal budget for five years. That's the
reason why you keep having these eruptions every few weeks or months. There has not been a
federal budget adopted in this country for five years. They raise the debt limit and then they run
out of borrowing capacity. They go through this dog and pony show every few weeks or
months. There have been a number of budgets over those five years that's been passed out of the
House of Representatives but never taken up in the United States Senate. That's not a partisan
statement, it is just a historical fact. In those five years the President has actually introduced one
budget on time and that budget went down in flames in the US Senate 99 to 0. Nobody voted for
it. You've got a great deal of polarization, but I don't know how you can have a country that can
operate in any kind of sane manner for five years without a budget. That's the reason this
insanity goes on. There's a great vacuum of leadership. You've got a similar problem with the
state budget in that they take legislative action that impacts our budget. What we have to do as a
county, in my mind, is that when we adopt a budget we have to limit the impact of other
governing bodies actions on this budget as much as we can. You have to maintain to the best of
your ability some type of firewall. If you do not maintain some budgetary discipline you do not
maintain continuity. You do not maintain a tax rate. I think that if you want to speak to the
equity between departments that fine. I think the most clearly delineated point that you can
declare equity is by establishing a firewall as much as you can between the county budget and
the actions of other legislative bodies. If one agency is limited in the degree of latitude that they
have, and another one is not, that's not the fault of this body. It is the fault of the way the law
was enacted when those programs were first administered. I will vote for this request, but my
line in the sand and my firewall will be to maintain the integrity of the county budget. We've got
a whole lot of other responsibilities other than this. Some of which have a lot to do with public
safety, and we are going to inhibit the ability to perform those duties if we do not maintain this
firewall on the county's budget at every opportunity that we can. To me, that maintains equity in
the matter as far as the treatment, and it maintains the integrity of the budget. It gives
Ms. Murray and her staff some latitude to deal with it as afforded to them by law which is of no
action taken by this board. Again, if this problem is to go away, the federal government needs to
adopt a budget. They haven't done it in five years."
Commissioner Robertson asked if Mr. Boone was asking for the board not to vote on the
matter now.
month.
Boone said this would be a good idea.
Ms. Murray said the health board was concerned about having money at the end of the
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Commissioner Robertson said it was understood that Mr. Boone was asking the board to
delay the decision due to not wanting the public to believe that a precedent had been set.
Chairman Johnson said a problem would occur if a decision was delayed and the funding
stopped at the end of October. He said the board of commissioners didn't meet until the first
week in November.
Mr. Boone said there would be a gap of five days.
Ms. Murray said the WIC employees would have to be compensated for work they had
already performed.
OTION by Commissioner Robertson to approve Budget Amendment #11 that agrees
with the Board of Health's motion to allocate up to $100,000 of Medicaid Maximization savings
from the health department for WIC salaries, if needed.
VOTING: Ayes — 4; Nays — 1 (Boone)
Cty BA# 11 Purpose: To allocate Med Max funds as a contingency to fund the WIC program
14-
ICHD BA# 1015 until Federal funds are available
EXISTING
AMENDED
REVENUE LINE(S)
DESCRIPTION
BUDGET
CHANGE
BUDGET
10491101-444005-4111
Maternal Health Medicaid Max
(231,156)
(50,600)
(281,756)
10491351-444007-4111
Child Health Medicaid Max
-
(49,400)
(49,400)
EXISTING
AMENDED
EXPENSE LINES)
DESCRIPTION
BUDGET
CHANGE
BUDGET
10914031-510002-
Salaries & Wages -Regular
503,082
71,100
574,182
10914031-512501-
FICA Tax
38,493
5,400
43,893
10914031-512502-
Employee Health Benefits
119,200
15,200
134,400
10914031-512503-
State Retirement and 401k
64,494
8,300
72,794
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS &
COMMISSIONS
Personnel Advisory Committee (1 announcement)
Local Emergency Planning Committee (1 announcement)
APPOINTMENTS TO BOARDS AND COMMISSIONS
Partners Behavioral Healthcare Board of Directors (2 appointments): Commissioner
Griffith nominated Gayle Mitchell and Matt McCall.
MOTIO by Chairman Johnson to close the nominations and to appoint Mitchell and
McCall by acclamation.
VOTING: Ayes — 5; Nays — 0
'_. I1
Kimberly Clarke Speaks in Regards to Avalon Farm: Kimberly Clarke, representing
Avalon Farm, said this agency was a 501(c) 3 nonprofit entity providing educational programs
for at -risk or special needs children and their families. She said most of the programs were
9
conducted outdoors with hands on nature training that included animals. Clarke said there was
also a wellness center at the facility where children were housed overnight. Continuing, Clarke
said the following:
• Avalon Farm has existed in Iredell County for eight years.
• In 2010, Avalon Farm was approved by former County Assessor Bill Doolittle as an
"exempt" entity for property tax purposes. This exemption lasted from 2010-2013.
• In 2013, Avalon Farm lost its "exempt" status.
• Much correspondence has occurred regarding the non -exemption, and the staff has not
kept the county commissioners informed about the matter.
• Avalon Farm has lost contracts, grants and business due to the Iredell County's Tax
Office's inquiries about the entity.
• Avalon Farm appeared before the Board of Equalization and Review in regards to the
non-exempt status but was denied. Avalon Farm is now appealing this decision to the
Property Tax Commission in Raleigh, NC.
Clarke said, "Avalon Farm is offering one last opportunity to have you all come together
as a group as you are required to do by statute. Avalon Farm doesn't feel that you've ever
discussed this issue. We feel like it has been discussed privately and not as a group and a board
of commissioners."
Chairman Johnson asked if there was any pending litigation pertaining to Avalon Farm
that involved the county.
County Manager Smith said there was no litigation; however, Avalon Farm had appealed
the most recent Board of Equalization and Review decision to the State Property Tax
Commission.
Commissioner Griffith asked if this was the proper chain of authority.
Smith said yes.
Griffith said the Board of Equalization and Review made a ruling and if the property
owner did not like the decision, the next step was the Property Tax Commission.
Smith said this was correct.
Griffith said the board of commissioners could not override the Board of Equalization
and Review's decision.
Smith said that was his understanding.
Clarke asked if this was an understanding or a law.
Griffith said that while she empathized with Ms. Clarke, there was nothing the
;sioners could do.
Clarke said, "I will reiterate that the entire board of commissioners did not know
anything about this before it went before the board of equalization and review. Only one or two
board members knew about it."
Tax Collector Melia Miller said the Board of Equalization and Review had been
appointed to hear the cases. She said the Board of Equalization and Review had rendered a
decision, and the property owner had appealed to the Property Tax Commission. Ms. Miller said
it wasn't typical for the board of commissioners to know about the situation prior to the Board of
Equalization & Review's hearing.
Griffith said it almost looked like Ms. Clarke was trying to bypass the process or path for
the appeals.
Ms. Clarke said she was attempting to give the board of commissioners a chance "to be
coherent and to do what a board is supposed to do -- that we feel like was never done."
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Griffith said the board of commissioners had appointed a board of equalization and
review and there were checks and balances that had occurred along the way.
Chairman Johnson said it was understood the first step was to take the matter to the
Board of Equalization and Review. He said that if a taxpayer was dissatisfied with the decision,
an appeal could occur to the Property Tax Commission in Raleigh.
Tax Administrator Bill Torches said correct.
Chairman Johnson asked if the board of commissioners had authority to intervene
anytime during the process.
Tax Administrator Bill Torches said no.
Clarke asked if this was an understanding or a statute. She said if it was a law that she
wanted a copy of it.
Ms. Miller said it might not be spelled out specifically as a statute rather it might be a
combination of several statutes. She advised that the information would be shared with Ms.
Clarke.
Chairman Johnson asked Ms. Miller to read the relevant statutes and to provide an
opinion to the question along with a synopsis as to how the opinion was derived. He requested
for the information to be shared with Ms. Clarke.
Commissioner Boone said he would like to receive the information too. He said that
while Ms. Clarke made some valid points, the board of commissioners had appointed the board
of equalization and review to make the rulings. Mr. Boone said the matter was currently being
discussed by a judicial body while the board of commissioners was a legislative body. He said it
was unknown if the board of commissioners should even be commenting on the specifics of the
case.
Ms. Clarke said, "1 think there is an opportunity for that to be looked at and that's what
we are asking. I think the statutes will clearly show that as well."
CLOSED SESSION: MOTION by Chairman Johnson at 7:50 PM to enter into closed
session pursuant to G.S. 143-318.11 (a) (3) Attorney -Client and G.S. 143-318.11 (a) (6)
Personnel.
VOTING: Ayes — 5; Nays — 0
APPOINTMENT OF RETHA GAITHER AS THE IREDELL COUNTY CLERK
TO THE BOARD: MOTION by Chairman Johnson, effective December 2, 2013, that
Retha Gaither be appointed as the Clerk to the Board with this date coinciding with the
retirement of Clerk to the Board Jean Moore and with Ms. Gaither's salary to be established at
$50,000 annually. The salary, however, will become effective November 1, 2013, as on this date
she will be sharing the duties as the clerk appointee as well as the county manager's secretary.
VOTING: Ayes — 5; Nays — 0
ADJOURNMENT: OTIO by Chairman Johnson to adjourn the meeting at 8:15
PM. (NEXT MEETING: Tuesday, November 5, 2013 in the ]redell County Government Center,
200 South Center Street, Statesville, NC.)
VOTING: Ayes — 5; Nays — 0
Approval:
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Clerk to the Board