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HomeMy WebLinkAboutSeptember_17_2013_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES SEPTEMBER 17, 2013 The Iredell County Board of Commissioners met on Tuesday, September 17, 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, Planning Director Matthew Todd, Transportation Administrator Ben Stikeleather, Fire & Emergency Services Coordinator David Saleeby, EMS Director David Cloer, Lieutenant Rick Eades with Sheriffs Office, Cooperative Extension Director Nancy Keith, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson INVOCATION PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: OTION by Commissioner Griffith to approve the agenda as presented. VOTING: Ayes — 5; Nays — 0. Representatives from the Davidson Scenic Byway Project Speak in Regards to a Request for a Resolution in Support of Adding a Roadway Segment in Mecklenburg and Iredell Counties to the NC Department of Transportation's Scenic Byway Program: Roy Alexander, the Executive Director of the Davidson Lands Conservancy, requested adoption of a resolution supporting the addition of a roadway section to the State's Scenic Byway Program. He said the 6 mile road segment was longer than the shortest scenic byway in North Carolina which was 3 miles; however, it was much shorter than the lengthiest one of 143 miles. Alexander described the Davidson byway section as being rooted in the rural Piedmont landscape as well as to the Town of Davidson. Commissioner Boone asked if the designation imposed any restrictions or limitations on the county or the property owners along the byway. Alexander said to qualify that billboards could not be on properties along the route. He said if one were allowed, the byway would lose its designation. Alexander said the scenic byway designation did not prohibit landowners from placing billboards on their properties; however, according to the county's current zoning ordinances, it would be difficult to meet the requirements allowing them. MOTION by Commissioner Robertson to approve the resolution as requested. VOTING: Ayes — 5; Nays — 0. A copy of the resolution that describes the roadway segment is as follows: I RESOLUTION SUPPORTING THE DAVIDSON SCENIC BYWAY PROJECT WHEREAS, the North Carolina Department of Transportation has established a Scenic Byway Program to designate interesting and beautiful segments of North Carolina's Highway System; and WHEREAS, there is segment of roadway located in Iredell County near the Iredell/Mecklenburg County Line that is worthy of this distinction; and WHEREAS, the actual description of this roadway, locally known as the Davidson Scenic Byway Project, is as follows: Beginning on North Carolina Highway 115 at the Granville Grant Historic Marker (on the IredelUMecklenburg County Line) continuing on North Main Street to Concord Road and proceeding east to Grey Road, then turning north to the Iredell County Line. At this point, the designation would turn south on Shearer Road and end at Fisher Road which is the entrance to Fisher Farm Park; and WHEREAS, the recognition and designation of the Davidson Scenic Byway Project would be a source of pride and encourage visitation from citizens within this great county, state and nation; and WHEREAS, Iredell County supports the designation of the referenced roadway segment in the Scenic Byway Program. NOW, THEREFORE, BE IT RESOLVED that the Iredell County Board of Commissioners respectfully requests the North Carolina Department of Transportation to take this resolution under consideration and to approve the Davidson Scenic Byway Project. Request from the Iredell Rescue Squad to Drawdown Capital Outlay Funds: Iredell Rescue Squad Chief Brian Niblock requested funds for a truck project. He said the capital fund was created four years ago for purchases of this type and approximately $75,000 existed in the account. Niblock said the new light to medium rescue truck would also serve as a First Responder vehicle. He said the truck would augment services at the east and west substations that were currently being served by a 2008 truck. Niblock said the 2008 truck was heavily used, and it would probably wear out before being paid off. He said numerous mechanical problems had occurred with this particular truck, and drawing down the $75,000 for the new vehicle would eliminate having to obtain a loan and incurring future debt. Commissioner Robertson asked how much was in the capital fund. Niblock said a little over $75,000. Finance Director Susan Blumenstein said it was approximately $75,480. She said the money had been carried over from year-to-year for this particular rescue squad, and a budget amendment was not required. Commissioner Griffith asked the current truck's mileage. Niblock said 60,000 miles. MOTION by Vice Chairman Norman to approve the Iredell Rescue Squad request to drawdown capital funds estimated to be around $75,000. VOTING: Ayes — 5; Nays — 0. Request from Habitat for Humanity for the Donation of Materials and Other In- kind Contributions Such as Permit Fee Waivers for the 2013 Urgent Repair Program: Habitat for Humanity Executive Director Dr. Jeff Porter requested the donation of materials and other in-kind donations for an urgent repair program. He said an "urgent repair" was one that posed an immediate danger to the safety and health of a family, or it was a repair that if not completed could result in the homeowner having to leave the premises and relocating to a nursing home. Porter said the repairs might be for electrical problems, plumbing, ramps, 2 handicapped bathrooms, or to correct structural failures in floors, roofs, and chimneys. He said the repairs would not be used for windows, carpeting, gutters, or cosmetic improvements. Porter said Habitat had received $50,500 for the repair work from the North Carolina Housing Finance Agency. He said, however, Habitat had to match the amount by the use of donated labor, in-kind gifts, or money. Porter said 24 projects had to be completed in Iredell County, and each project would have a specific materials list for the needs such as nails, lumber, cement, roofing materials, and so forth. Dr. Porter said individuals eligible for assistance had to show proof of income, and they also had to meet criteria such as: (a) own/occupy the home (b) be of low income and (c) be 62 years of age or older. Porter said disabled homeowners, or disabled residents in a home could be eligible for the program, along with homes where a child or children were suffering from some types of illness. Commissioner Griffith asked the cost for the associated permit fees. County Manager Smith said the minimum permit fee was $60. He mentioned that Code Enforcement Director Niblock said the fee would be dependent upon the project, but it was felt the cost would not be that much. Griffith said she wasn't aware of any materials owned by the county that might be donated. Smith said the facility services department used some of the mentioned materials, but there would not be a large inventory on hand. Griffith asked if there might be a legal prohibition on donating materials purchased with tax dollars. Attorney Pope said anything donated would have to be declared surplus. Griffith said it appeared the only assistance might be the waiver of fees. Smith said this would be the easiest route. Chairman Johnson said the surplus inventory list could be reviewed to determine if anything might be of use to Habitat. He said the Board of Health was willing to assist with the environmental health fees. Johnson said the only problem was that these particular employees were about six weeks behind in the southern end. He said, however, the environmental health supervisor had indicated that a staff member might be able to work on septic layouts. Johnson said the health department might also assist if anyone had a problem with a well. He said before a formal agreement could be worked out; however, Environmental Health Supervisor David Hinson had some questions about the program. MOTION by Commissioner Robertson that pertaining to the 2013 Urgent Repair Program only, and as it relates to the Habitat for Humanity agency, the staff is directed to waive all inspection department fees relative to projects under the 2013 Urgent Repair Program, and the Board of Health is requested to do the same. VOTING: Ayes — 5; Nays — 0. PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Consideration of a Possible Economic Development Incentive for Project Big Mac: Mooresville -South Iredell Economic Developer Robby Carney said a recreational development agency was interested in locating one of the most widely recognized and highly decorated competitive swimming organizations in the country to Iredell County. He said youth swimming programs as well as Olympic athlete training would be provided. Carney said the project would entail $10 million in new tax investment and bring 25 full-time jobs and 50 part-time. He said the full time jobs would have wages varying between $30,000 and $70,000 a year. Carney said that if the project located in Iredell County, the developer, RL West, would construct a 51,000 3 square foot recreational aquatic and event center as well as a 2,200 seat stadium. He said a long term lease agreement would then occur with the aquatic center. Carney said the incentives provided to RL West would be used to lower the leasing cost to the aquatic center. He requested an incentive for RL West at $38,000 a year for five years totaling $194,000. No one else desired to speak, and Chairman Johnson adjourned the hearing. MOTIO by Commissioner Robertson to approve the $194,000 incentive, over a five-year period, based on the company's investment of $10 million and contingent upon a contract being executed within 180 days. VOTING: Ayes - 5; Nays - 0. Chairman Johnson declared the meeting to be in a public hearing. Consideration of a Possible Economic Development Incentive for Project Metal: Mooresville -South Iredell Economic Developer Robby Carney requested an incentive for Structure Medical, a company that located in Iredell County in 2006, but was headquartered in Naples, Florida. He said the company was an advanced manufacturing facility that provided titanium medical implant products for the medical device industry. Carney said the company presently occupied a 24,000 square ft. facility in the Deerfield Business Park with 41 full-time employees. He said the project would bring a maximum investment of $6 million in new machinery and equipment over the next three years and create 25 full-time jobs with average pay at $37,000 a year plus benefits. Carney said the project should be completed in 2016. He requested an incentive ranging between $58,200 to $116,400 over five -years based on an investment ranging between $3 million and $6 million. No one else desired to speak, and Chairman Johnson adjourned the hearing. MOTIO by Commissioner Robertson to approve the incentive ranging between $58,200 and $116,400 over a five-year period based on the company's investment ranging between $3 million and $6 million and contingent upon a contract being executed within 180 days. VOTING: Ayes - 5; Nays - 0. Chairman Johnson declared the meeting to be in a public hearing. Consideration of a Possible Economic Development Incentive for Project Point: Mooresville -South Iredell Economic Developer Robby Carney said Sharp Gallaher Racing operated teams in both the NASCAR truck and ARCA series, and the owners were interested in purchasing the 126 Exmore Road building located in the Deerfield Business Park in Mooresville. Carney said the 31,000 square foot facility would be expanded to 46,000 square feet. He said the company already had 25 full-time employees and 10 to 15 new full-time positions would be added with average pay at $57,600 a year. Carney said the racing company planned to pay $5 million to $6 million for the building and to buy equipment. He said there would be a new $3.1 million investment, and an incentive of $60,140 was requested. No one else desired to speak, and Chairman Johnson adjourned the hearing. MOTION by Commissioner Robertson to approve the $60,140 incentive, over a five-year period, based on the company's investment of $3.1 million and contingent upon a contract being executed within 180 days. VOTING: Ayes - 5; Nays - 0. Chairman Johnson declared the meeting to be in a public hearing. Consideration of a Possible Economic Development Incentive for Project Repeat: Mooresville -South Iredell Economic Developer Robby Carney said NGK Ceramics was planning its 14°i expansion at the Mooresville facility. He said the company manufactured ceramic catalytic converters for the automotive industry and had existed in Iredell County since 1988. Carney said the company's 530,000 square foot facility was located in the South Iredell Industrial Park where 4 520 people worked full-time with wages above the county average. He said the company was considering a 30,000 square foot expansion at the raw material processing facility for the purpose of exporting product materials to other worldwide plants. Carney said the project, estimated for completion in 2014, would create 28 full-time positions and generate $21.5 million in new tax investment. He requested a $417,100 incentive over a five-year period. No one else desired to speak, and Chairman Johnson adjourned the hearing. MOTION by Commissioner Robertson to approve the $417,100 incentive, over a five-year period, based on the company's investment of $21.5 million and contingent upon a contract being executed within 180 days. VOTING: Ayes - 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Consideration of a Possible Economic Development Incentive for Project Starch: Mooresville -South Iredell Economic Developer Robby Carney said BestCo, formerly known as BestSweets, manufactured confectionary items and over-the-counter pharmaceutical products. He said the company had existed in the county since 1988, and it currently employed 370 full-time workers with salaries 20% higher than the local average wage. Carney said a $12.85 million expansion was being considered for a new "gummy" line due to growth in the pharmaceutical sector. He said the 30,000 square foot expansion would necessitate the need for new equipment as well as the creation of 55 new full-time positions with pay above $40,000 annually. Carney said the project would be completed by 2014 and an incentive ranging from $60,140 to $249,290 was requested based on an investment between $3 million up to $12.85 million. No one else desired to speak, and Chairman Johnson adjourned the hearing. Chairman Johnson declared the meeting to be in a public hearing. MOTION by Commissioner Robertson to approve the incentive ranging from $60,140.00 to $249,290.00, over a five-year period, based on the company's investment of $3 million up to $12.85 million and contingent upon a contract being executed within 180 days. VOTING: Ayes - 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Consideration of Citizen Input Regarding the North Carolina Department of Transportation's Rural Operating Assistance Program (ROAP) Grant: Transportation Administrator Ben Stikeleather said ROAP was a formula grant from the NCDOT that helped to provide transportation for the elderly, disabled, general public, and for those needing rides to their employment destinations. No one else desired to speak, and Chairman Johnson adjourned the hearing. MOTION by Commissioner Griffith to approve the 2014 ROAP grant and resolution as presented. VOTING: Ayes - 5; Nays — 0 CERTIFIED STATEMENT FY 2014 RURAL OPERATING ASSISTANCE PROGRAM County of Iredell WHEREAS, the state -funded, formula -based Rural Operating Assistance Program (ROAP) administered by the North Carolina Department of Transportation, Public Transportation Division provides funding for the operating cost of passenger trips for counties within the state; and WHEREAS, the county uses the most recent transportation plans (i.e. CTSP, CTIP, LCP) available and other public involvement strategies to learn about the transportation needs of agencies and individuals in the county before determining the sub -allocation of these ROAP funds; and I WHEREAS, the county government or regional public transportation authorities created pursuant to Article 25 or Article 26 of Chapter 160A of the General Statutes (upon written agreement with the municipalities or counties served) are the only eligible recipients of Rural Operating Assistance Program funds which are allocated to the counties based on a formula as described in the Program Guidelines included in the ROAP State Management Plan. NCDOT will disburse the ROAP funds only to counties and eligible transportation authorities and not to any sub -recipients selected by the county; and WHEREAS, the county finance officer will be considered the county official accountable for the administration of the Rural Operating Assistance Program in the county, unless otherwise designated by the Board of County Commissioners; WHEREAS, the passenger trips provided with ROAP funds must be accessible to individuals with disabilities and be provided without discrimination on the basis of national origin, creed, age, race or gender (FTA C 4702.1 A, FTA C 4704. 1, Americans with Disabilities Act 1990); and WHEREAS, the period of performance for these funds will be July 1, 2013 to June 30, 2014 regardless of the date on which ROAP funds are disbursed to the county. NOW, THEREFORE, by signing below, the duly authorized representatives of the County of Iredell North Carolina certify that the following statements are true and accurate: • The county employed a documented methodology for sub -allocating ROAP funds that involved the participation of eligible agencies and citizens. Outreach efforts to include the participation of the elderly and individuals with disabilities, persons with limited English proficiency, minorities and low income persons in the county's sub -allocation decision have been documented. • The county will advise any sub -recipients about the source of the ROAP funds, specific program requirements and restrictions, eligible program expenses and reporting requirements. The county will be responsible for invoicing any sub -recipients for unexpended ROAP funds as needed. • The county will monitor ROAP funded services routinely to verify that ROAP funds are being spent on allowable activities and that the eligibility of service recipients is being properly documented. The county will maintain records of trips and services for five years that prove that an eligible citizen was provided an eligible transportation service on the billed date, by whatever conveyance at the specified cost. • The county will be responsible for monitoring the safety, quality and cost of ROAP funded services and assures that any procurements by sub -recipients for contracted services will follow state guidelines. • The county will conduct regular evaluations of ROAP funded passenger trips provided throughout the period of performance. • The county will only use the ROAP funds to provide trips when other funding sources are not available for the same purpose or the other funding sources for the same purpose have been completely exhausted. • The county assures that the required matching funds for the FY 2014 ROAP can be generated from fares and/or provided from local funds. • The county will notify the Mobility Development Specialist assigned to the county if any ROAP funded services are discontinued before the end of the period of performance due to the lack of funding. No additional ROAP funds will be available. • The county will provide an accounting of trips and expenditures in a semi-annual report and a final year-end report to NCDOT — Public Transportation Division or its designee. • Any interest earned on the ROAP funds will be expended for eligible program uses as specified in the ROAP application. The County will include ROAP funds received and expended in its annual independent audit on the schedule of federal and state financial assistance. Funds passed through to other agencies will be identified as such. • The county is applying for the following amounts of FY 2014 Rural Operating Assistance Program funds: State -Funded Rural Operating Assistance Program Allocated Requested Elderly & Disabled Transportation Assistance Program (EDTAP) $102,664 $102,664 Employment Transportation Assistance Program (EMPL) $49,390 $49,390 Rural General Public Program (RGP) $163,791 $163,791 TOTAL $315,845 $315,845 Chairman Johnson declared the meeting to be in a public hearing. 6 Consideration of a Request from Joyce Johnson, with Phifer I Johnson Limited Partnership RLLLP, to release Zoning and Subdivision Jurisdiction to the Town of Mooresville: Planning Director Matthew Todd said this applicant had requested that 38.09 acres be released to the Town of Mooresville's zoning and subdivision jurisdiction. Mr. Todd further described this request, and a copy of the staff report is as follows. EXPLANATION OF THE REQUEST Joyce Johnson, with Phifer I Johnson Limited Partnership RLLLP, has requested the zoning and subdivision jurisdiction of 38.09 acres of a 40.48 acre tract be released to the Town of Mooresville. The remaining 2.39 acres includes a home and business, which are to be retained by the owner. The proposed use of the property (under the Town of Mooresville's jurisdiction) is a 114 lot residential subdivision that includes single-family patio homes and duplex homes. OWNER/APPLICANT OWNER: Phifer I Johnson Limited Partnership RLLLP 123 Rocky River Road Mooresville, N.C. 28115 PROPERTY INFORMATION LOCATION: On Rocky River Road near the corner of Shearers Road in Mooresville; more specifically identified as PIN # 4665456853. DIRECTIONS: Coddle Creek Highway, right on Rocky River Road, at the end near the corner of Shearers Road. SURROUNDING LAND USE: This property is surrounded by residential uses and farm uses to the west, north, and east, as well as commercial uses to the south. SIZE: The property is 40.48 acres, of which 38.09 acres is being requested to be released. EXISTING LAND USE: The portion of the tract to be released is currently being used for agricultural purposes. ZONING HISTORY: The majority of this property has been zoned RA since county wide zoning in 1990. In 2012, approximately 3.2 acres were rezoned to NB, Neighborhood Business in order to allow an existing non -conforming business to continue as a business use. OTHER JURISDICTIONAL INFORMATION: This property is located inside Mooresville's short range USA boundary. On August 5, 2013, the Town of Mooresville Board of Commissioners approved water and sewer extension to the property, but due to town policy, the property will not be considered for annexation in June 2014. The Town Planning staff has submitted a letter of acknowledgement regarding the request and is in support of the request. This area is proposed for neighborhood residential N development in the Comprehensive Land Use Plan adopted by the Town of Mooresville. OTHER SITE CHARACTERISTICS: This property is not located in a water supply watershed. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: In 2010, the average number of vehicles per day on Rocky River Road was 5,000. The capacity for this section of Rocky River Road is 12,000 vehicles per day. The additional population from the proposed development would generate approximately 770 trips per day of additional traffic in this area. SCHOOLS: This property is located inside the Mooresville Graded School District boundary and would be served by Rocky River Elementary, Mooresville Intermediate, and Mooresville Senior High. STAFF COMMENTS STAFF COMMENTS: The property is identified for future medium density residential uses in the 2030 Horizon Plan and neighborhood residential uses in the Town of Mooresville's comprehensive plan. The Town Planning staff has recommended in favor of this request. From a planning perspective, this request meets the criteria for release of zoning and subdivision jurisdiction. The release would allow the property to be developed with water and sewer. One of the strategies in the 2030 Horizon Plan calls for the Planning staff to direct growth to areas within the USA boundaries where water and sewer can be provided by the towns. The proposed uses of the property fit into the future land use plans for the County and the Town of Mooresville, as both plans call for residential and development in this area. There should be no significant impact from a traffic standpoint since the road is not close to capacity. The proposed development will be served by Mooresville Schools as the property is located within the Mooresville Graded School District Boundary. The planning staff recommends in favor of this request. Dan Brewer, with the WSP Company (128 Talbert Road, Mooresville, NC), mentioned he was a representative for the property's surveyor and engineer. He offered to answer any questions. Patricia Magnuson, an adjacent property owner, said she formerly resided in Ohio where farmland had been improperly developed. She asked how her property would be protected from trespassers coming from the proposed subdivision and about green space. Magnuson said her property was downhill from the Phifer property and the new streets and asphalt would create runoff and erosion. She asked what steps would be taken to alleviate this problem. Magnuson said in her previous neighborhood (Ohio) that when development occurred the water table went down. She asked what type of well or water service would be used at the site. Mrs. Magnuson said the roadway was already dangerous, and it would only become more so with the increased subdivision traffic. Mr. Brewer said there would be a thick buffer and most of the land would be left undisturbed. He said the project was targeted to the "active adult community" which entailed smaller, ranch style homes. Brewer said communities of this type had a lesser traffic impact than the normal residential subdivision. He said the project met Mooresville's Land Use Plan, and it would use the Town's utilities. Brewer said the Town had stringent stormwater rules and there would be a detention system. Commissioner Boone said it appeared the undeveloped areas would be on the north and west side. Brewer said a creek existed on the north side, and there would be a buffer. 8 Boone said it was understood there would be a substantial buffer on the north side, but on the east side there were would be 15 lots at the eastern boundary of the tract. He asked if anything was planned to prevent water runoff in this area. Brewer said the project would be graded to where all of the runoff was directed to the detention system. Boone asked if the homes would be targeted to retirees. Brewer said the homes would be targeted to people 55 years of age or older. Commissioner Boone said, "The density of this subdivision is approximately three houses per acre. I would prefer that density be kept to two dwelling units per acre. Residential development causes adverse impacts. With that being said this development will not have nearly the adverse impact as the one on Highway 150 that I voted against a few weeks ago. I've given a lot of thought to the whole issue of extraterritorial jurisdiction and a lot of issues have arisen over it. I have just about reached the conclusion that I would like the General Assembly to do away with ETJs. If you're inside a municipality the city or town government has zoning power. If you're outside of it the county has zoning power." No one else desired to speak, and Chairman Johnson adjourned the hearing. OTIO by Commissioner Robertson to release the zoning and subdivision jurisdiction to the Town of Mooresville for Joyce Johnson with Phifer I Johnson Limited Partnership. VOTING: Ayes — 5; Nays — 0. ADMINISTRATIVE MATTERS Request from the North Carolina Department of Transportation to Abandon the Maintenance of State Road 2161 — Ferguson Road (located between White Oak Branch Road and Cool Spring Road): Planning Director Matthew Todd said the State had requested abandonment of this road from the maintained system. He said Ferguson Road (1,480 linear feet) was a graveled roadway located between White Oak Branch Road and Cool Spring Road. Todd said the property owners on each side of the road had requested the abandonment and there was no right-of-way. Commissioner Robertson asked if the State was maintaining the road even though a right- of-way didn't exist. Todd said the State was maintaining the road. He said the traffic count was about 30 vehicles a day, but no homes were accessed by the road. Commissioner Griffith said there was farmland on both sides and the property owners wanted to continue this type of use. Todd said this was correct. He said the tracts were recently purchased and the owners wanted to close off the access. MOTION by Commissioner Griffith to approve the request from the NC Department of Transportation to abandon the roadway maintenance of State Road 2161, Ferguson Road. VOTING: Ayes — 5; Nays — 0. Request from the Iredell Statesville Schools for Approval of a Waterline Easement at Woodland Heights Elementary School for Crescent Communities, LLC: Dr. Kenny Miller, with the Iredell-Statesville Schools, said Crescent Communities, LLC had requested a 25 foot waterline easement across the southern border of the school system's property at Woodland Heights Elementary School, located off Forest Lake Boulevard, in Mooresville. He said the Iredell-Statesville Board of Education had approved the easement, and it would not affect any of the school's ball fields or property. Miller said in exchange for the easement, Crescent would convey an undeveloped parcel (two acres) that was adjacent to the school system's property. 9 Attorney Pope said the property was encumbered by a mortgage, and that Woodland Heights Elementary was included in the 2003 Certificates of Participation which was currently being refinanced with a closing date of September 18, 2013. He said the property would be free from the mortgage at that time. Pope said if the board chose to approve the easement that the motion should include a stipulation indicating approval was subject to the refinancing transaction on September 18, 2013, and the mortgage being released. MOTION by Vice Chairman Norman to approve the waterline easement subject to the refinancing transaction on September 18, 2013 and the mortgage being released. VOTING: Ayes — 5; Nays — 0. Request for a New Rescue District by the Lake Norman Volunteer Fire and Rescue Department and Request for a New Rescue District by the Shepherds Volunteer Fire and Rescue Department Fire and Emergency Services Coordinator David Saleeby said these two volunteer fire departments had a medium level of rescue certification and both were requesting the creation of rescue districts. He said the districts would coincide with the current fire service district lines for each department. Saleeby said each department had fulfilled the requirements to form a rescue district and this included mutual aid agreements. He said Lake Norman and Shepherds had submitted an ECOM, or communications protocol, to explain how dispatches would occur. Saleeby said representatives from both departments were in attendance to answer any questions. Commissioner Griffith said it was known that meetings had been occurring about the new districts. She asked, however, if the groups that normally attended the meetings were aware of the rescue district requests. Saleeby said there had been an Emergency Team Meeting for the southern end of the county, and this included the four volunteer fire departments, along with Town of Mooresville Fire, Mooresville Rescue, and Iredell County EMS. He said the meetings were on-going with the county facilitating them, but they were mostly led by the attendees and with decisions being made by all representatives. Griffith said that all members were aware and understood the direction of the county. Saleeby said yes. Commissioner Robertson said, "A lot of times what makes government inefficient, as opposed to private industry, is that private industry is primarily focused on maximizing efficiency and doing stuff at the lowest cost as well as at the highest degree of service. In government we have to be concerned about fairness, and sometimes we lose efficiency. We clearly are going through a transition in the southern end of the county. The way we use to do things based on the previous demographics is changing. Anytime in nature when there's change, there always seems to be some pain and inefficiency until everything balances out. I don't have any preconceptions that this is going to be without pain or without future adjustment. Both of these requests ask for the money to follow the service, and we understand that, but when the Town of Mooresville made its request initially, they worked with us. They didn't hold it tied to the money, at least initially, if I recall correctly. So, until some of our roles and responsibilities are settled out, give us some flexibility as the transition begins to occur to deal with some of the obligations with our rescue services. Maybe that can help us as we define everyone's future roles. We are going to need some flexibility as we move forward, and I'm not talking about between now and next July. I'm talking about budget year 2014 and 2015; we will need some flexibility. This is definitely the trend in the southern end. Like I said, `I'm not against it happening.' I think in the end we will have more trained certified volunteer firemen and rescue squad personnel available to serve the citizens via the fire service. Sometimes the public has asked us about some of the redundancies of our system. They say, `We certainly have a lot of 10 people responding.' Of course, the people in the wrecked car never ask that question. They would be happy if we sent two more response vehicles. This is just a trend, and I don't think we've seen the end of it. So, with those concerns I can support a motion." Griffith asked Mr. Saleeby if the county's direction on the matter was inevitable due to shifts in population and growth. Saleeby said the southern end had grown and the area was not similar to the middle or northern end of the county. Griffith asked if better service would be provided to the citizens. Saleeby said yes. He said that at the winter retreat, maps were shown depicting the locations of the rescue squads along with the VFDs. Saleeby said the rescue squads were doing a good job, but with the VFDs having more locations, they could respond quicker. He said there was still a need for the rescue squads to handle the larger events. Chairman Johnson said there was a great deal of admiration for the people who had dedicated their lives to this type of service with no monetary reward whatsoever. He said, "They just did it because they are good people. You gain such an admiration for them it makes decisions like these even more difficult, but there comes a time when you are asked to be a good steward. You have to set personal feelings aside and that's difficult to do. The demographics have driven this process. In the north end of the county, they may respond to a call and the problem a lot of the time is distance. In the south end of the county you can have a lot shorter distance, but it will take you longer to get there. You can't go east and west in any direction in Mooresville or the southern end of the county without driving through several neighborhoods and two or three different business districts. This is what has driven the process, and it's a little bit painful for all of us to do. Sooner or later, you know that if you're going to be a good steward of the assets you have, and you're going to provide the best service to the people who you serve at the least cost, you have to do some things a lot of the times that make you uncomfortable with some of the relationships you've established. It is, however, incumbent upon you to do that. Anything we do is not meant to be in a spirit where we are just going to cast aside the folks at the Mooresville Rescue Squad. These are good people who served their communities for years, and I'm going to ask the gentlemen and ladies here who represent these fire departments to take a message back to their folks that if anyone from the Mooresville Rescue Squad desires to continue in emergency services in this county and they approach you with a willingness to serve in your fire department in the area of rescue, I would ask you to respect the request and grant it to them. Unless you can think of any matter of moral turpitude or whatever that is definable or provable I would ask you to take them in out of respect for the service they have done for their communities. I would ask the folks in the rescue squad to avail themselves of that opportunity. There are folks in private who have expressed a willingness to work with them and do that. Make a place for them. Make them feel welcome, and continue to allow them to provide services that have been a calling in their lives. Allow them to continue the blessing of serving others." MOTION by Chairman Johnson to approve a new Rescue District for the Lake Norman Volunteer Fire and Rescue Department and to approve a new Rescue District for the Shepherds Volunteer Fire and Rescue Department. VOTING: Ayes — 5; Nays — 0. Request for the Appointment of Two Citizens to the Firefighter's Relief Fund Board of Trustees for Each Volunteer Fire Department: Finance Director Blumenstein said each year a list of trustees for the Firefighter's Relief Fund was submitted to the board of commissioners for approval. She said the list contained no changes from last year and approval was requested. OTION by Commissioner Boone to approve the Firefighter's Relief Fund Board of Trustees for Each Volunteer Fire Department. VOTING: Ayes — 5; Nays - 0. 11 7013 North Carolina Rural Fire District Report of Fire Conditions Request for Approval of an EMS Physical Ability Policy with an Effective Date of October 1, 2014: EMS Director David Cloer along with Human Resources Director Sandra Gregory explained this policy. Cloer said for several years the staff had been working on a physical ability policy and much effort had been made to have it fair, uniform, and defendable. He stressed that even with the policy's implementation no assurances could be given that the county would be free of EMS employee accidents or injuries. Cloer said EMS was a difficult job and the potential for injuries was there with every call. He said, however, acceptance of the policy might cut down on the injuries and reduce the loss of work time during the recovery process. Commissioner Robertson asked the following: Is the county liable if a job applicant is injured taking the test prior to being hired? Attorney Pope said no. Commissioner Robertson also asked the following: Will EMS management be required to take the test? Cloer said, "That's one of the hurdles we were trying to get over. The field supervisors will -- yes. We can mandate anybody that has direct pre -hospital care. We are going to encourage all administrative staff, including myself, to also partake in this, but we cannot mandate them according to our legal advice. This is due to it not being a direct job requirement." Griffith asked if current employees would have to pass the test. Cloer said yes. Griffith asked the consequences if the employees were unwilling. Cloer said that to avoid this from happening the effective date was not until October 1, 2014. He said this would give the employees enough time to prepare to meet the standard. Cloer said several tests would be offered this year to allow the employees to determine how they ranked and what needed to be worked on. He said that if the employees failed the test, they would meet with the Wellness Coordinator, and she would develop a plan for them to work on agility fitness. Cloer said the employees would later be given a time to retest. Human Resources Director Gregory said that if the employees continued to fail, the situation would be handled as standard work performance. She said the matter would be handled through the "progressive discipline" process. Commissioner Boone asked if all, or most, of the employees would be able to pass the test or was it anticipated there would be a significant number that couldn't. Cloer said this was unknown. He said the average was done based on the group of employees already working. Cloer said there would probably be some who failed if they didn't put in an effort. He said this was why preemptive measures were being taken. 12 Griffith asked how the policy compared to national standards. Cloer said there were no national standards. He said EMS was the only emergency services field where there were no national standards. Griffith asked if there were State standards. Cloer said no. Commissioner Robertson said, "With the Army, it was lead by example. When I was a 44 or 45 year old Colonel and my troops ran, I ran. When they packed all of their gear on and strapped on their black Cadillacs and walked 12 miles, I did it with them. So when it's time to go through the test, I can't say that I'll pass, but if I need to go out there and show them that we are not taking this lightly, I'll volunteer. I'll do it just to show how important it is, and I think it's important for the leaders as well." OTIO by Commissioner Robertson to approve the Physical Ability Policy effective October 1, 2014. VOTING: Ayes — 5; Nays — 0. IREDELL COUNTY EMERGENCY MEDICAL SERVICES Physical Ability Testing and Fit for Duty Programs Standard Operating Guidelines — (SOG) Purpose: The purpose of this guideline is to address the physical conditioning of department employees and assure that each employee can safely perform the physical requirements of his/her job. EMS work is inherently strenuous and often dangerous. On-the-job injuries can be mitigated, and in some cases prevented altogether, if an employee is physically fit to perform his/her duties. This policy applies to all active members in EMS holding an EMS credential that are likely to work in the pre -hospital environment. Iredell County justifies and validates the need for physical ability testing of its EMS employees due to our previous experience dealing with on- the-job, EMS -related injuries. 11.1 Physical Ability Test 11.1.1 Prospective employees must complete the physical ability test (PAT) as part of the hiring process. The applicants will be scored in accordance with the physical ability score sheet. Applicants must successfully complete the PAT within the required time frame. 11.1.2 Current credentialed employees whose primary essential job function is in the pre- hospital environment will be required to take the physical ability test on a yearly basis. 11.1.3 Current employees who were taken out of work by a physician due to an injury must have the physician sign a copy of the job description stating that the employee is able to meet the job requirements before the employee will be allowed to return to his or her primary job. 11.1.4 Current employees who were taken out of work by a physician due to an injury/illness, and are taken out of work for 5 or more calendar days by a physician, must successfully complete the physical ability test before the employee will be allowed to return to his or her primary job. 11.1.5 The PAT will be conducted on an "as needed" basis, but no less than every 4 months. 11.1.6 The PAT must be completed in 9 minutes and 30 seconds or less to be considered meeting standards. 13 14 11.2 The Physical Ability Test will consist of the following: A) Equipment Carry — Employee will carry a 45 Ib. object 50 feet, set the object down, pick it back up and carry the object back to the starting point. (This relates to the physical requirements of the job under essential job functions.) B) Stair Climb and CPR Station — The employee will pick up the airway bag and cardiac monitor and carry them to the third floor and will then perform 200 adequate chest compressions in within 2 min 15 sec. The employee will then carry a stair chair with a secured patient weighing approximately 170 lbs. down the stairs with one assistant. (This relates to the physical, interpersonal communications, manual dexterity, and physical communication requirements of the job under essential job, functions.) C) Lifting and Moving a Scoop Stretcher and Wheeled Ambulance Stretcher — With one assistant, the applicant will lift a 120 Ib. scoop stretcher, carry it 50 feet and place it on the wheeled ambulance stretcher while the stretcher is in low position. The applicants will then load and secure the wheeled stretcher into the ambulance. Assistant will verify the wheeled stretcher has been secured in unit. Following this the applicant will enter the ambulance and lift the scoop stretcher off the wheeled ambulance stretcher and place it on the bench seat of the unit with the aid of one assistant. The applicant and assistant will lift the scoop stretcher off the bench seat, place it back on the wheeled ambulance stretcher and step out of the unit. In conclusion, applicant will unload the wheeled ambulance stretcher from the unit. (This relates to the physical, interpersonal communications, manual dexterity, and physical communication requirements of the job under essential job ,functions.) D) Advanced Airway and Oxygen Regulator Connection - The applicant will retrieve an airway bag and backboard from the ambulance, walk 100 ft. to the assessment station and attach the oxygen regulator to the "D" tank oxygen bottle in a squatting position. The applicant will then place an advanced airway in a mannequin that will be placed supine on the ground. Applicant will be required to perform intubation at ground level. The applicant must perform above skills according to the United States Department of Transportation Standards of Curriculum. The Proctor will give the applicant verbal instruction for the sequence of the 02 regulator connection and adult airway management skills. (This relates to the physical, intelligence, verbal aptitude, motor coordination, manual dexterity, and interpersonal temperament of the job under essential job functions.) E) Wheeled Stretcher Obstacle Course - The applicant will lift a wheeled stretcher, secured with 120 lbs. of simulated patient weight, with one assistant and carry it up 3 steps and down 3 steps. The applicant and his/her assistant will then lift the wheeled stretcher into its highest position and maneuver the stretcher 220 feet over uneven ground. (This relates to the physical, interpersonal communications, manual dexterity, motor coordination, and physical communication requirements of the job under essential job functions.) F) Obstacle Course & Mannequin Drag - The applicant will walk 15 ft. and pick up a bunker bag (30 lbs.) and carry it 100 ft. The applicant will then don standard issue bunker gear and pick up the airway bag (45 lbs.), walk 50 feet to a vehicle. The applicant will open the designated car door to gain access to a simulated patient (mannequin weighing >155 lbs.) The applicant will then rapidly remove the mannequin from the vehicle and drag it 50 ft. After laying the mannequin down, the applicant will retrieve the airway bag and will then walk 100 ft. to finish line. (This relates to the physical requirements of the job under essential job functions.) 11.3 Fit for Duty Program 14 11.3.1 Each credentialed employee who functions in the pre -hospital environment is expected to maintain a minimum level of physical fitness necessary to perform the essential functions of his/her job. 11.3.2 The department will strive to provide fitness equipment at each EMS base as funds are available for this purpose. 11.3.3 All employees are encouraged to use department supplied fitness equipment while on -duty. Normal work assignments shall always take first priority. 11.3.4 The department will strive to provide ergonomic and other training that addresses employee fitness, wellness and nutrition as long as funds are available for this purpose. 11.3.5 All fulltime EMS employees are strongly encouraged to participate in the Iredell County Wellness Program. 11.4 Failure to Meet Standard 11.4.1 Any current employee who fails complete the PAT within the "meets standard" time will be set up on a standard workforce improvement plan. 11.4.1.1 Employee will be given the opportunity to take the PAT again at the next scheduled PAT testing date. 11.4.2 Failure to improve under the standard workforce improvement plan may result in disciplinary action up to and including dismissal. Request from Cooperative Extension for Permission to Apply for a $10,000 Grant from the Easton Foundation for the Iredell County 4-H Shooting Sports Team — Archery: Cooperative Extension Director Nancy Keith requested permission to apply for a $10,000 grant through the Easton Foundation for the 4-H Shooting Sports Team in Archery. MOTION by Vice Chairman Norman to approve the request as submitted. VOTING: Ayes — 5; Nays — 0. Request from ICATS for the Approval of Budget Amendment #5 for the Purpose of Increasing the Budget for Fees Received from the Town of Mooresville and Mitchell Community College and to Appropriate the Funds for a Processing Assistant III Position: Transportation Administrator Ben Stikeleather requested approval of a Processing Assistant III position. He said unbudgeted revenue from the Town of Mooresville, as well as from Mitchell Community College, would pay for the position. Stikeleather said the revenues were not budgeted during the budget process, due to the Town and College not being ready. He said someone was temporarily performing the duties, and local agencies using the service (Council on Aging, Social Services, & Statesville Dialysis) had voiced their opinions about the improved service and had requested for the position to be permanently added. Mr. Stikeleather said it was understood that funding changed from year-to-year, and if revenues decreased in the department an assessment would have to occur regarding personnel. OTIO by Vice Chairman Norman to approve Budget Amendment #5 for ICATS. VOTING: Ayes — 5; Nays — 0. BA#5 9/17/2013 To increase the budget for fees to be received from the Town of Mooresville and MCC contracts and appropriate a portion of the funds for a Processing Assistant III position. Fund 15 374622 4760.00 Transportation Fees (653,000) (70,000) (723,000) 375622 5100.02 Salaries&Wages - Regular 361,128 25,112 386,240 375622 5125.01 FICA 346,521 1,921 348,442 375622 5125.02 Employee Healthcare & Wellness 108,025 6,210 114,235 375622 5125.03 Retirement 47,209 3,031 50,240 375622 7326.00 Fund Balance Increase - 33.726 33.726 Request from the Sheriff's Office for Approval of Budget Amendment # 6 to Accept the 2013 Justice Assistance Grant along with the Appropriation of the Funds ($15,105) to Purchase Athletic League & Training Academy Instructional Equipment: Lieutenant Rick Eades, with the Sheriff's Office, requested approval of this budget amendment. He said the funding would be used to purchase equipment for the athletic league and instructional equipment for the training academy equipment. Eades said no monetary match was needed. office. MOTION by Commissioner Griffith to approve Budget Amendment # 6 for the sheriff's VOTING: Ayes — 5; Nays — 0. Request for Approval to Allow the State Employees' Credit Union to Locate an Automated Teller Machine (ATM) on the Iredell County Government Center -South Property in Mooresville, NC, and Approval of an Associated Agreement: County Manager Smith said the State Employees Credit Union was requesting permission to locate an ATM at the Iredell County Government Center -South. He said there would be a four year lease agreement, and the county would receive $100 per year. Smith said all of the utilities, including the electricity, would be covered by the credit union. OTIO by Commissioner Boone to approve the State Employees' Credit Union request to place an ATM at the Iredell County Government Center -South. VOTING: Ayes — 5; Nays — 0. Request for Approval of the August 2013 Tax Refunds and Releases: County Manager Smith said the tax department had submitted the August refunds and releases for approval. MOTION by Vice Chairman Norman to approve the August 2013 tax refunds and releases. VOTING: Ayes — 5; Nays — 0. 16 To appropriate the 2013 JAG Grant in the Sheriff's department for training academy materials and athletic league equipment. BA#6 9/17/2013 Account# Current Chane Amended General Fund - (15,105) (15,105) 104510 436000 15214 Jag Grant 2013-2014 105514 53500015214 Training Academy Supplies - 2,500 2,500 105514 62000015214 Training Academy Non Depreciated Asset - 4,500 4,500 105510 535000 15214 Departmental Sulies - 8,105 8,105 Request for Approval to Allow the State Employees' Credit Union to Locate an Automated Teller Machine (ATM) on the Iredell County Government Center -South Property in Mooresville, NC, and Approval of an Associated Agreement: County Manager Smith said the State Employees Credit Union was requesting permission to locate an ATM at the Iredell County Government Center -South. He said there would be a four year lease agreement, and the county would receive $100 per year. Smith said all of the utilities, including the electricity, would be covered by the credit union. OTIO by Commissioner Boone to approve the State Employees' Credit Union request to place an ATM at the Iredell County Government Center -South. VOTING: Ayes — 5; Nays — 0. Request for Approval of the August 2013 Tax Refunds and Releases: County Manager Smith said the tax department had submitted the August refunds and releases for approval. MOTION by Vice Chairman Norman to approve the August 2013 tax refunds and releases. VOTING: Ayes — 5; Nays — 0. 16 Releases for the Month of August 2013 Monthly $193,632.30 Total Breakdown of Releases: County $ 88,930.74 Solid Waste Fees $ 17,160.00 Mooresville Solid Waste $ 330.00 Davidson Solid Waste Fees $ - E. Alex. Co. Fire #1 $ 12.37 Shepherd's Fire #2 $ 385.69 Mt. Mourne Fire #3 $ 214.68 All County Fire #4 $ 2,429.90 B&F Fire #5 $ 503.56 Statesville City $ 6,749.00 Statesville Downtown $ - Mooresville Town $ 64,409.86 Mooresville Downtown $ 10.10 Mooresville School $ 10,895.51 Love Valley $ 2.82 Harmony $ - Troutman $ 1,560.94 Davidson $ 37.13 Refunds for the Month of August 2013 Monthly $3,675.41 Total Breakdown of Refunds: County $ 2,009.53 Solid Waste Fees $ - Mooresville Solid Waste $ - Davidson Solid Waste Fees $ - E. Alex. Co. Fire #1 $ - Shepherd's Fire #2 $ - Mt. Mourne Fire #3 $ - All County Fire #4 $ 130.06 B&F Fire #5 Statesville City $ - Statesville Downtown $ - Mooresville Town $ 1,423.87 Mooresville Downtown $ - Mooresville School $ 111.95 Love Valley $ - Harmony $ - Troutman $ - Davidson $ - Request for Approval of the September 3, 2013 Minutes: MOTION by Commissioner Boone to approve the minutes as presented. VOTING: Ayes — 5; Nays — 0. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Nursing Home Advisory Committee (2 announcements) Adult Care Home Community Advisory Committee (1 announcement) APPOINTMENTS TO BOARDS AND COMMISSIONS Recreation Advisory Committee (1 appointment): Chairman Johnson nominated Melissa Jablonski. 17 No other nominations were submitted, and Chairman Johnson made a motion to close the nominations and appoint Jablonski by acclamation. VOTING: Ayes — 5; Nays — 0. PUBLIC COMMENT PERIOD: Mooresville Town Commissioner Rhett Dusenberry thanked the board of commissioners for approving the economic development incentives earlier in the meeting. He said if the industries were successful in their plans that 157 new full time jobs would be created along with 27 part-time. Dusenberry said one of the companies had an average annual salary of $65,000. In regards to the request from the Lake Norman VFD and Shepherds VFD for a rescue service district, Dusenberry said the Mooresville Town Board was dealing with the same type of "public safety vision." He said tremendous growth was occurring in Mooresville. NEW BUSINESS Chairman Johnson Mentions a Recent Newspaper Article About China's Labor Shortage: Chairman Johnson said he read an article recently that was titled, "How China has lost its Mcjo." Johnson said, "As a result of China's one child per family policy, between now and 2030 there will be 67 million fewer workers in China than there are today. That's the population of France. They are going to have a labor shortage over there, and they are already starting to feel it due to the price of labor starting to rise. If you include the price of labor and transportation costs the gap between the costs to deliver the products to market is narrowing. They say there are going to be a lot of opportunities in the future as a result of that policy." Commissioner Boone Mentions a Recent Newspaper Article Where Piedmont Community College Acknowledged that the use of Public Resources for Lobbying Efforts was an Oversight or in Error: Commissioner Boone said, "Back during the budget deliberations I was critical of the Iredell-Statesville Schools for sending out e-mails on the official e-mail list encouraging people to lobby in favor or against certain legislation. I didn't think public resources should be used for that purpose. At that time the school superintendent and chairman of the school board defended that action. I just read an article in the Charlotte Observer today about Central Piedmont Community College forwarding an e-mail from a group supporting a bond issue in Mecklenburg County. One of the county commissioners there, Bill James, criticized the action, and there was a little different reaction. The spokesman for Central Piedmont Community College, Jeff Lowrance, said the commissioners were right. He said the e- mail was `an oversight on our (community college) part' and `we won't forward any other Vote Yes messages moving forward.' Central Piedmont Community College understands you shouldn't use public resources for lobbying purposes, and I think that indicates my position on the issue. I realize that one time it was lobbying for legislation, and at another time, it was lobbying for a bond issue, but it was still a use of public resources for lobbying. I just thought I would mention that." COUNTY MANAGER'S REPORT Fall Planning Session: County Manager Smith said the Fall Planning Session would be on Friday, November 8 at Little Joe's Enrichment Center, in Barium Springs, NC. He requested notification if the board members wanted any specific topics to be discussed. ADJOURNMENT: There being no further business to conduct, Chairman Johnson at 8:45 PM made a �rDtf6 to adjourn. (NEXT MEETING: Tuesday, October 1, 2013, at 7:00 PM, in the Iredell County Government Center, 200 South Center Street, Statesville, NC.) VOTING: Ayes — 5; Nays — 0. Approved: 18 Clerk to the Board