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HomeMy WebLinkAboutJuly_15_2014_Regular_MinutesJuly 15 2014 IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES Julv 15, 2014 The Iredell County Board of Commissioners met on Tuesday, July 15, 2014, 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 Ken Robertson Renee Griffith Gene Houpe Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County Manager Beth Dirks, Finance Director Susan Robertson, Fire and Emergency Services Coordinator David Saleeby, Assistant Parks/Rec Director Michelle Hepler, Athletic Director June Tutterow, Health Director Jane Murray, Environmental Health Supervisor Brady Freeman, Planning Director Matthew Todd, Planner Andrew Ventresca, Purchasing and Contract Manager Dean Lail, Solid Waste Director David Lambert, Solid Waste Operations Manager Teddy Boller, and Clerk to the Board Retha Gaither. CALL TO ORDER by Chairman Steve Johnson INVOCATION by Chairman Johnson PLEDGE OF ALLEGIANCE led by Chairman Johnson ADJUSTMENTS OF THE AGENDA: County Manager Ron Smith had the following adjustments to the agenda: Addition: Memo #15-A— Request to Approve Sanitary Sewer and Pump Station Easement Between Iredell County and B. V. Belk, Jr. Commissioner Gene Houpe asked to discuss, under New Business, the article that was recently published in the Statesville Record and Landmark concerning EMS response time. MOTION by Chairman Johnson to adopt the agenda as amended. VOTING: Ayes — 5; Nays — 0 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Request from Parks and Recreation to Adopt a Proclamation in Memory of Odell Thomas: Vice Chairman Marvin Norman asked Parks/Recreation Assistant Director Michelle Hepler and Athletic Director June Tutterow to come forward. July 15 2014 Vice Chairman Norman asked Mr. Thomas' nephew, Odell Thomas, to also join them up front. Assistant Director Michelle Hepler read the following proclamation in memory of Mr. Odell Thomas. A signed copy was then presented to his nephew. PROCLAMATION WHEREAS, the Iredell County Board of Commissioners wishes to recognize its citizens who excel in special ways, and WHEREAS, special recognition for an individual is always a top priority with the County Commissioners, and WHEREAS, the County Commissioners would like to honor Mr. Odell Thomas posthumous for 47 years of service to the community, and WHEREAS, Mr. Thomas worked for the Iredell/Statesville Schools as a teacher for 35 years at Union Grove Elementary School, and WHEREAS, Mr. Thomas dedicated his life to children and adults through 47 years of sports officiating for the citizens of Iredell County, and NOW, THEREFORE, the Iredell County Board of Commissioners hereby wishes to honor the life of Mr. Odell Thomas, AND further wishes to express their gratitude for his years of service. Iredell County Board of Commissioners Chairman Stephen D. Johnson APPOINTMENTS BEFORE THE BOARD (None) PUBLIC HEARINGS Chairman Steve Johnson declared the meeting in a Public Hearing. Request from Malcolm Thompson to Consider (Case #1406-1) to rezone 4.66 Acres at 104 Woodpecker Road, Olin, from RA (Residential Agricultural) to HB (Highway Business): Planning Director Matthew Todd said the property in question is off Tomlin Mill Road, on the west side of I-77. The request is to rezone from RA to straight HB - Highway Business. The staff supports this request based on: the 2030 Horizon Plan calls for this area to be commercial, the proposed district is consistent with previous approved rezoning requests in the area of the 11 July 15 2014 interchange, and potential traffic impact should not come close to the road capacity. Currently the property is vacant and being used as an agricultural field. Kenneth Ward asked how this rezoning would affect the veterinarian hospital that has just been built on the same road. Todd said the hospital property is north of the site in question and should not be affected. Chairman Johnson closed the public hearing. OTION by Commissioner Ken Robertson to recommend in favor of the zoning map amendment and to snake a finding that the approval is consistent with the adopted 2030 Horizon Plan and that said approval is reasonable and in the public interest due to its consistency with the 2030 Horizon Plan. VOTING: Ayes — 5; Nays — 0 Chairman Johnson declared the meeting into a Public Hearing. Request from Roy Church to Consider (Case #1406-2) to Rezone 25.80 Acres, Across from 876 Tomlin Mill Road in Olin, and Render a Decision Concerning the Zoning Change from RA, Residential Agricultural to GB, General Business District: Planning Director Matthew Todd said this property is located on Tomlin Mill Road just east of I-77. The property directly across was recently rezoned to GB. The staff supports this request. It matches the 2030 Horizon Plan which calls for the area to be Employment Center-Industrial/Flex/Office District and traffic impacts should not come close to the road capacity. The Planning Board voted unanimously to approve this request. No one spoke for or against this rezoning. Chairman Johnson closed the public hearing. MOTION by Commissioner Gene Houpe to recommend in favor of the zoning map amendment and to make a finding that the approval is consistent with the adopted 2030 Horizon Plan and that said approval is reasonable and in the public interest due to its consistency with the 2030 Horizon Plan. VOTING: Ayes — 5; Nays — 0 Chairman Johnson declared the meeting into a public hearing Request to Consider a Release of Zoning and Subdivision Jurisdiction to the Town of Mooresville by Michael P. Eaton, with SLIT If NC Magnolia Bays JV, LLC: Planning Director Matthew Todd stated the property in question is on the end of a small peninsula at Big Indian Loop. The adjoining property is already in the Mooresville ETJ. The property is proposed to be part of an overall development. The applicant is requesting that the property be released to Mooresville so it can be developed consistently with Mooresville's zoning regulations. 3 July 15 2014 Debra Wiseney stated she owns adjoining property and wants to know if this would somehow bring her land into Mooresville's ETJ. She understood from the previous owners, if plans fell through, the property would revert back to the original zoning and the next owners would have to go through the rezoning process all over again. She asked if the land reverted back to the original zoning and if there is any chance of other properties on Big Indian Loop being taken into the jurisdiction of Mooresville. Todd said the Wiseney property will not fall into the Mooresville jurisdiction now, but he cannot say it never would. This request is solely for the property in question. Future rezoning must be initiated by property owners. The proposed use of this property is to add additional shore line to the development. Commissioner Robertson stated that, as a general rule, the Board does not grant ETJ requests if the property owners does not want it. Todd that is partially correct. Typically what is seen are requests from the property owner. However, there is a lengthy process for the Town to elicit releases, but it has been a number of years since that has happened. Dan Brewer with WSP, an engineer/surveyor from Mooresville said he is working on this particular tract. The developer is purchasing the property and it is proposed to be low density residential. The former owners had a conditional use permit which means the present owners have to now go back to Mooresville to clear that permit. He said they are planning a neighborhood meeting the following week. With no one else desiring to speak, Chairman Johnson declared the public hearing closed. MOTION by Commissioner Ken Robertson to recommend the release of this parcel to Mooresville ETJ. VOTING: Ayes — 5; Nays — 0 ADMINISTRATIVE MATTERS Request from the Planning Division to Call for a Public Hearing on August 5, in Regard to a Request by Thomas Deane to Release Zoning & Subdivision Jurisdiction to the Town of Mooresville: Planning Director Matthew Todd said this request is very similar to the last request. It is a proposed subdivision with two houses per acre. MOTION by Commissioner Renee Griffith to call for a public hearing on August 5, 2014 at 7:00 p.m. VOTING: Ayes — 5; Nays — 0 Request from Solid Waste for Approval to Accept a Grant to Continue the Abandoned Manufactured Home Program: Solid Waste Operations Supervisor Teddy Boller said this request is to continue the Abandoned Mobile Home Program. He said they have removed 27 single -wide and 5 double -wide mobile homes to date. The cost per unit was $728. The previous 4 July 15 2014 grant was $25,000. However, the current grant has been cut to $16,000 but he is anticipating removing 21-22 homes with the new funds. OTION by Vice Chairman Marvin Norman to approve. VOTING: Ayes — 5; Nays — 0. Request from Solid Waste for Approval to Accept Grant Funds to Expand the Shingle Recycling Collection Area: Solid Waste Operations Supervisor Teddy Boller is asking to approve a grant to expand the shingle recycling area. Presently there are issues with keeping the shingles separated after they have been tested. The original request was $16,000 but the state has offered $8,000. OTION by Commissioner Gene Houpe to approve. VOTING: Ayes — 5; Nays — 0. Request from the Purchasing Division for a Surplus Declaration and Authorization to Dispose of Vehicles: Purchasing & Contracts Manger Dean Lail said the County currently has 19 vehicles that have been replaced because they are economically unserviceable. The request is to approve these vehicles to be surplused and grant Lail the authorization to sell them at a public online auction at GovDeals or other best options. The proceeds from the sale will be returned to the funds from which they were purchased. Commissioner Ken Robertson said it has been the practice to not surplus vehicles with less than 150,000 miles, but there are 3 vehicles on the list with less mileage. Dean said the Crown Vies were wrecked and a total loss. The Nissan has been plagued with problems with continuous costly repair costs. MOTION by Commissioner Renee Griffith to approve. VOTING: Ayes — 5; Nays — 0 Request from the Purchasing Division for Approval and Award of a Five Year Lease Agreement with James Jennings Marital Trust for Office Space for Juvenile Justice and BA #2: Purchasing & Contracts Manager Dean Lail said they have been providing space for Juvenile Justice since 1998 or before. They have rented 2,255 square feet and paid $1,450 per month (utilities included) for this department. The current lease is on a month-to-month basis. However, they have outgrown this space plus their staff will increase again this coming year. The present facility is in grave need of repair which can't be done unless the office was vacated. Staff has been diligently looking for available space. Recently an office space of 3,700 square feet was located at the City Center across from the Government Center in Statesville. The space meets current and future needs without any additional update costs from the county. The rent has been negotiated at $3,105.75 per month on a five-year lease which includes utilities and janitorial service. The lease can be renewed annually at the end of the five-year term. The courts FYI budget includes the $1,400 per month with utilities leaving a $19,870 shortfall. This request includes Budget Amendment #2 which will encumber the necessary funds if approved. However, an additional July 15 2014 note, the county is currently paying $290 per month for janitorial services at the current space. The new lease includes janitorial service which will save $3,400 per year and that brings the shortfall down to $16,389 per year. Staff does recommend approval on both the lease and the budget amendment. The lease requires the chairman's signature to be effective August 1, 2014, and a copy will remain on file in the office of the Clerk to the Board. Commissioner Ken Robertson said he is in favor of the budget amendment to authorize the additional expenditure but suggest taking the expense from the Contingency Fund. County Manager Ron Smith agreed. Chairman Johnson said it is a matter of budgetary discipline and agrees with the logic. He said he will support the motion. However, when he first became aware of the rent he felt $9.50 per square foot is high. He understands all the work the staff has done to locate property but found a shortage of property for sale. He suggested the staff continue to look for property to purchase. Commissioner Gene Houpe asked if the owner would be willing to make a shorter lease with an automatic renewal in the event available property was found. Dean said one of the spaces had recently been renovated and according to the owner the price is right for a five-year lease. He said other properties in the area were averaging $11-$17 per square foot per year prior to any renovations. With the inclusion of utilities and janitorial, the price is really a little less. Chairman Johnson said as a rule of thumb, if the intent is to remain in a particular location for more than seven years it is wiser to buy. MOTION by Commissioner Renee Griffith to approve the lease and BA #2 with the money coming from the Contingency Fund. VOTING: Ayes — 5; Nays — 0 Budget Amendment Fiscal Year 2014-15 Request from the Health Department for Approval of Revisions to the Fee Policy as well as Clinical Services, Dental and Environmental Health Fee Schedules: Health Director Jane Murray said this is a request to approve revisions to the fee policies. These were approved by the Board of Health at the June meeting. The clinical and dental fees are based on the volume of 6 To appropriate fund balance for the increased leased space BA#2 required for the NC Division of Juvenile Justice. 7/15/2014 Account # Current Chane Amended General Fund 104880 499500 Appro. Fund Bal - (19,870) (19,870) 10545560 534500 Court Building Rent 53,400 19,870 73,270 Request from the Health Department for Approval of Revisions to the Fee Policy as well as Clinical Services, Dental and Environmental Health Fee Schedules: Health Director Jane Murray said this is a request to approve revisions to the fee policies. These were approved by the Board of Health at the June meeting. The clinical and dental fees are based on the volume of 6 July 15 2014 services to cover direct and indirect costs. The environmental health fees were based on actual cost including staff, direct and indirect time, travel, supplies, and vehicles costs. Some concerns about the environmental fees are those set and capped by law which cannot be changed locally. Those items are restaurant plan review, temporary food establishment permitting, and the limited food establishment. The actual cost of these items are much more than the state has set. For instance the restaurant plan review actually cost about $460 but the state has capped that fee at $250. The temporary food establishments, such as the Balloon Rally, and the limited food establishments, such as athletic concession stands, cost $282. Chairman Johnson stated one fee hasn't been changed in eleven years and the other two haven't been changed in about seven years. He expressed his concerns that the cost of performing the services will continue to escalate but the fee is capped which means the continuation of subsidizing. It has been the policy of the county that building inspections and environmental health should be self-funded. This is a deviation from that policy. Johnson suggested that Murray's staff craft a letter expressing these concerns, send it to the Clerk to the Board who will transfer it to letterhead and send it to the state legislators. Murray said they will be looking at the fees again in the next six months. Commissioner Ken Robertson expressed his appreciation to the Health Department for keeping the fees appropriate with the level of services which enables them to offer a wider variety of services. He thanked Murray for the enthusiasm and desire to continue these programs. Murray said at lot of the fees are on a sliding scale depending upon the individual. MOTION by Commissioner Gene Houpe to approve the fee schedule. VOTING: Ayes — 5; Nays — 0 Request from the Health Department for Approval of Budget Amendment #3 for a $2,500 Grant from the Division of Public Health for Project Lazarus Activities: Health Director Jane Murray said this grant was just recently discovered. This is money flowing through the Department of Public Health through the CDC. It is a community transformation grant worth $2,500 specifically for Project Lazarus. There are local coalitions across the state to prevent deaths due to accidental prescription drug overdoses. Fifth Street Ministries is the physical agent for the local coalition in Iredell and they would like to purchase inter -nasal mucosal atomization devices to be given to first responders to use if an individual overdoses on prescription meds. If a person overdoses, for example on Hydrocodone, the respiratory system shuts down and the drug Naloxone is used to counter the effects which brings the person back to life. The kit is a small device that the medication is put on and then inserted in the nose. It could also be inserted intravenously. It seems Iredell County has one of the highest rates of accidental prescription drug overdoses. OTIO by Vice Chairman Marvin Norman to approve. VOTING: Ayes — 5; Nays — 0 Budget Amendment Fiscal Year 2014-15 July 15 2014 Request from Finance to Introduce the Bond Order, File Sworn Statement of Debt, and Call for a Public Hearing on August 5, 2014: Finance Director Susan Robertson stated the proceedings were crafted by Kristen Benko with Womble, Carlyle, Sandridge & Rice. Robertson said the bond order includes a statement of total estimated interest pursuant to the local government bond act as it is amended. This new document, that is required to be filed, is a statement that specifically states the estimated interest, but the exact amount is unknown until the bonds sell and the rate is set. Estimated total interest of $85,837,500 is based on four separate bond issues totaling $163,500,000. Also included is the Finance Director's sworn statement of debt which is required by the local government bond act. If the entire $163,500,000 is issued it would be slightly under 1% of the county's assessed value. This is only bonded debt in which the full faith and credit of the county is pledged. Other items included in the proceedings is an order authorizing $151,500,000 in school bonds and $12,000,000 in community college bonds. Chairman Johnson asked about the sworn statement of debt which says the gross debt from 1997 to present is $201,610,000. He asked if it was the intent to restructure the debt and incorporate it in with the $163.5 million or if this is the total amount bonded that the County is intending to have. Finance Director Robertson said it is the total amount ofbonded debt. She said $38,100,000 is outstanding. This statement is required by law. Commissioner Robertson said the County should not hit the highest point because the additional debt will not be issued immediately. The $38 million will decrease. Also, the 1997 debt will be removed in 2017 and the community college bond will not be added for four years. Finance Director Robertson said that is correct. The report must show what the bond order would allow the County to issue and would be effective upon approval of the voters. MOTION by Commissioner Robertson to introduce an order authorizing $151,500,000 in school bonds. Chairman Johnson reminded everyone he would not make this difficult. However, come January or February if the economy shrinks 2.9%, it means the economy is not healthy. Commissioner Renee Griffith stated everyone shares those same reservations. VOTING: Ayes — 5; Nays — 0 To allocate Project Lazarus state grant revenues and BA#3 expenditures 7/15/2014 Account # Current Chane Amended General Fund 104900110 440001 General Admin (101,315) (2,500) (103,815) 10911100 577301 41101 Grant purchase other - 21500 2,500 Request from Finance to Introduce the Bond Order, File Sworn Statement of Debt, and Call for a Public Hearing on August 5, 2014: Finance Director Susan Robertson stated the proceedings were crafted by Kristen Benko with Womble, Carlyle, Sandridge & Rice. Robertson said the bond order includes a statement of total estimated interest pursuant to the local government bond act as it is amended. This new document, that is required to be filed, is a statement that specifically states the estimated interest, but the exact amount is unknown until the bonds sell and the rate is set. Estimated total interest of $85,837,500 is based on four separate bond issues totaling $163,500,000. Also included is the Finance Director's sworn statement of debt which is required by the local government bond act. If the entire $163,500,000 is issued it would be slightly under 1% of the county's assessed value. This is only bonded debt in which the full faith and credit of the county is pledged. Other items included in the proceedings is an order authorizing $151,500,000 in school bonds and $12,000,000 in community college bonds. Chairman Johnson asked about the sworn statement of debt which says the gross debt from 1997 to present is $201,610,000. He asked if it was the intent to restructure the debt and incorporate it in with the $163.5 million or if this is the total amount bonded that the County is intending to have. Finance Director Robertson said it is the total amount ofbonded debt. She said $38,100,000 is outstanding. This statement is required by law. Commissioner Robertson said the County should not hit the highest point because the additional debt will not be issued immediately. The $38 million will decrease. Also, the 1997 debt will be removed in 2017 and the community college bond will not be added for four years. Finance Director Robertson said that is correct. The report must show what the bond order would allow the County to issue and would be effective upon approval of the voters. MOTION by Commissioner Robertson to introduce an order authorizing $151,500,000 in school bonds. Chairman Johnson reminded everyone he would not make this difficult. However, come January or February if the economy shrinks 2.9%, it means the economy is not healthy. Commissioner Renee Griffith stated everyone shares those same reservations. VOTING: Ayes — 5; Nays — 0 July 15 2014 ORDER AUTHORIZING $151,500,000 SCHOOL BONDS BE IT ORDERED by the Board of Commissioners for the County of Iredell, North Carolina: 1. That, pursuant to The Local Government Bond Act, as amended, the County of Iredell, North Carolina is hereby authorized to contract a debt, in addition to any and all other debt which said County may now or hereafter have power or authority to contract, and in evidence thereof to issue School Bonds in an aggregate principal amount not exceeding $151,500,000 for the purpose of providing funds, together with any other available funds, for acquiring, constructing, improving, expanding and renovating school buildings and other school facilities in said County, including, without limitation, (a) the construction, expansion and renovation of Cool Springs Elementary School, North Iredell High School, South Iredell High School, Statesville Middle School and Brawley Middle School and the construction of two new middle schools, and the acquisition of related land, rights of way and equipment for the Iredell-Statesville Schools Board of Education and (b) the construction, expansion and renovation of Mooresville High School and the construction of a new middle school, and the acquisition of related land, rights of way and equipment for the Mooresville Graded School District. 2. That taxes shall be levied in an amount sufficient to pay the principal of and the interest on said bonds. 3. That a sworn statement of the debt of said County has been filed with the Clerk to the Board and is open to public inspection. 4. That this order shall take effect when approved by the voters of said County at a referendum as provided in said Act. MOTION by Vice Chairman Marvin Norman to introduce an order authorizing $12,000,000 in community college bonds. VOTING: Ayes — 5; Nays — 0 ORDER AUTHORIZING $12,000,000 COMMUNITY COLLEGE BONDS BE IT ORDERED by the Board of Commissioners for the County of Iredell, North Carolina: 1. That, pursuant to The Local Government Bond Act, as amended, the County of Iredell, North Carolina is hereby authorized to contract a debt, in addition to any and all other debt which said County may now or hereafter have power or authority to contract, and in evidence thereof to issue Community College Bonds in an aggregate principal amount not exceeding $12,000,000 for 9 July 15 2014 the purpose of providing funds, together with any other available funds, for acquiring, constructing, renovating, expanding, improving and equipping various community college facilities for Mitchell Community College, including, without limitation, the construction of a new Allied Health facility. 2. That taxes shall be levied in an amount sufficient to pay the principal of and the interest on said bonds. 3. That a sworn statement of the debt of said County has been filed with the Clerk to the Board and is open to public inspection. 4. That this order shall take effect when approved by the voters of said County at a referendum as provided in said Act. Finance Director Robertson said that part of the proceedings include: the Board designates the Finance Director to file the sworn statement of debt with the Clerk, the bond orders are to be filed with the local government commission, the Clerk to the Board will maintain the sworn statement of Debt, and the Board will call for a public hearing on August 5, 2014 at 7:00 p.m. OTION by Commissioner Renee Griffith to call for a public hearing on August 5, 2014 at 7:00 p.m. VOTING: Ayes — 5; Nays — 0 COUNTY OF IREDELL, NORTH CAROLINA SWORN STATEMENT OF DEBT MADE PURSUANT TO THE LOCAL GOVERNMENT BOND ACT, AS AMENDED I, Susan G. Robertson, Director of Finance and Administration of the County of Iredell, North Carolina, having been designated by the Board of Commissioners for said County to make and file with the Clerk to the Board of Commissioners a statement of the debt of said County pursuant to The Local Government Bond Act, as amended, DO HEREBY CERTIFY that the following is a true statement as shown by the books in my office, not taking into consideration any debt incurred or to be incurred in anticipation of the collection of taxes or other revenues or in anticipation of the sale of bonds other than funding and refunding bonds: (a) GROSS DEBT 10 July 15 2014 a(1) Outstanding debt evidenced by bonds: School Bonds, Series 1997 $ 2,980,000 School Bonds, Series 2006 26,000,000 Public Improvement Bonds, Series 2006 5,330,000 Community College Bonds, Series 2008 3,800,000 Total $38.110,000 a(2) Bonds authorized by orders introduced, but not yet adopted: School Bonds $151,500,000 Community College Bonds 12,000,000 Total $163,500 000 a(3) Unissued bonds authorized by adopted orders: $ -0- a(4) Outstanding debt, not evidenced by bonds: $ -0- (a) GROSS DEBT, being the sum of a(1), a(2), a(3) and a(4): $201,610,000 (b) DEDUCTIONS b(1) Funding and refunding bonds authorized by orders introduced but not yet adopted: $ -0- b(2) Funding and refunding bonds authorized but not yet issued: $ -0- b(3) The amount of money held in sinking funds or otherwise for the payment of any part of the principal of gross debt other than debt incurred for water, gas, electric light or power purposes or sanitary sewer purposes (to the extent that the bonds are deductible under G.S. 159-55(b)): $ -0- b(4) Bonded debt included in gross debt and incurred, or to be incurred, for water, gas, electric light or power purposes: $ -0- b(5) Bonded debt included in gross debt and incurred, or to be incurred, for sanitary sewer system purposes (to the extent that said debt is made deductible by G.S. 159-55(b)): $ -0- b(6) Uncollected special assessments heretofore levied for local improvements for which any part of the gross debt (that is not otherwise deducted) was or is to be incurred to the extent that such assessments will be applied, when collected, to the payment of any part of the gross debt: $ -0- July 15 2014 b(7) The amount, as estimated by the Director of Finance and Administration of special assessments to be levied for local improvements for which any part of the gross debt (that is not otherwise deducted) was or is to be incurred, to the extent that the special assessments, when collected, will be applied to the payment of any part of the gross debt: $ -0- (b) DEDUCTIONS, being the sum of b(1), b(2), b(3), b(4), b(5), b(6) and b(7): $ -0- (c) NET DEBT (c) NET DEBT, being the difference between the GROSS DEBT (a) and the DEDUCTIONS (b): $201,610,000 (d) ASSESSED VALUE (d) ASSESSED VALUE of property subject to taxation by the County, as revealed by the County tax records and certified to the County by the assessor: $20,954,713,930 (e) PERCENTAGE (e) Percentage which the NET DEBT (c) bears to the ASSESSED VALUE (d): 0.9621% The foregoing statement is true. Director of Finance and Administration Request to Review and Approve an Agreement Between Iredell County and Moseley Architects for Design Services for the Proposed Jail Expansion: County Manager Ron Smith stated this is a follow up to the Winter Retreat in February. The Board had instructed the staff to choose an architect to move forward with the design on the proposed jail expansion. He stated they sent out requests for qualifications and six firms responded. Each firm was interviewed. Moseley Architects was chosen and a contract was negotiated. The contract has been reviewed by staff and feels it is acceptable. Smith is recommending approval of this contract. However, a committee was formed to review court and jail procedures to determine ways of reducing inmate population. That committee has not returned any recommendations to date which could have some bearing on the design. Smith said Judge Joe Crosswhite is in the audience and could answer any questions pertaining to this committee. Vice Chairman Norman asked if the committee has met. 12 July 15 2014 Judge Joe Crosswhite came forward and thanked the Board. He said the initial committee meeting identified all key personnel who were needed on the committee. They also listed some preliminary ideas and identified some of the issues and problems. They divided these ideas into three areas. The first being immediate goals which are things they could go after immediately to eliminate some numbers. They reviewed short term goals which could be done within three to six months. Then they reviewed some long term goals which could be met within six to twelve months. Everyone was assigned a responsibility pertaining to a particular goal which they had to research. The committee met again to review the suggestions. He said some of immediate goals were put into operation just yesterday and will continue through the week. The committee will meet again in a week or two for a review of those procedures. After that meeting he feels the committee will be in a position to make some recommendations. There is a preliminary memorandum that lists some plans the committee feels may help reduce the overcrowding issues without impacting public safety. Commissioner Gene Houpe ask if tabling the matter for 60-90 days would give the committee enough time to return recommendations. Crosswhite said they should have some information on the immediate goals within a month or two. Some of the longer-term goals, which could potentially require some expenditures, may take 90 days to implement. He said 90 days would be a good starting point, however, they could have some ideas in 60 days. Some goals may take some time to be operational. Chairman Johnson asked how many inmates in the jail would be impacted. Crosswhite stated Captain Bert Connolly reported the population of the jail at 238 with 14 in Rowan County. If the number could be reduced to 236, inmates housed in Rowan could be returned. Those numbers were based on who and what crimes were committed. However, after this week's court session, the numbers have increased temporarily, but will decrease again at the end of the week. He feels 10-20% could be impacted by some of the recommendations. Chainnan Johnson agreed that population numbers are a moving target after an eventful weekend. Crosswhite said it wasn't just the weekend. Superior Court has been blocked for ten weeks with just two trials. Therefore, many people were unable to have their trails until now. Many are receiving active sentences and held in the Iredell County jail until they can be moved elsewhere. One of the recommendations is to identify ways to manage the lower offenders with a quicker process while protecting their constitutional rights. Chairman Johnson said, as of today, there were approximately 280 prisoners between the annex and the jail today. Last week 14 were being housed in Salisbury, but tonight there are 20 and anticipating the number to rise to 30 next week. Crosswhite said this type of flow would be a result of the activities of the court. There were over 1,500 in court over the last two days with many of them receiving active sentences. Chairman Johnson asked if there is a 10-20% reduction at what point will that be steady or will there continue to be fluctuations. He is continually concerned that no one talks about the 13 July 15 2014 aspects of the jail that is the most stressed, which is the core facility. Cooks are preparing 900 meals a day in a kitchen that is extremely too small and the infirmary is also inadequate. The laundry equipment runs around the clock. He does not want to create the perception that jail construction will be avoided if the population is dropped. He feels the staff cannot be asked to continue to work under the present conditions. Crosswhite said the committee is trying to see a realistic number after the implementations of some of the various programs then allow the Board to decide the most appropriate use of county resources. The County will continue to grow along with the courts and the jail. He said they are trying to fulfill the requests by the board to reduce overcrowding without affecting public safety. Chairman Johnson said he did not want to be sitting in this same spot next year still contemplating the jail construction. He said steel prices have recently jumped 12%. Commissioner Gene Houpe asked if the committee's efforts were intended to alleviate overcrowding while the Board decides. Crosswhite feels it is imperative to get everyone that is involved to assist in the process of making recommendations so the Board can make informed decisions. However, some of the recommendations may require some funding if the Board is willing to try other programs. The committee's goal is to be involved with the process, not to fix it, but to help the Board manage it with a realistic number to make an informed decision. Chairman Johnson asked if a program was approved would the committee be able to provide an annual cost and the number of inmates impacted. Crosswhite said he felt they could provide projections based on what can be done in Iredell and what has been done in other counties. Chairman Johnson said the Board has been deciding for three years. Crosswhite said they have only been involved with the process for the last two months. If they had been involved earlier they would be further along as well. Chairman Johnson said he will not ask, much longer, for the cooks to prepare 900 meals a day in that kitchen. Commissioner Houpe asked if other alternatives have been reviewed to help alleviate some of the kitchen issues such as outside contracting sources. County Manager Smith said it had not been studied in this context but he cannot speak for jail staff. Chairman Johnson said an outside company was used before but it did not work well. Commissioner Ken Robertson said the average population of the jail has actually gone down. He stated there are two issues at the moment: 1) the committee is active but appears it will take six months to review some of the programs, and 2) the state is debating whether or not to 14 July 15 2014 require prisoners to be held with sentences of two years or less. He would like some answers to both of these issues before paying someone a million dollars to design a jail. He said he is not prepared to sign a contract and is willing to wait a few more months, but not years, so everyone will understand the intent that something will be done. Commissioner Robertson also wanted to iterate that the committee was tasked to make recommendations that would not endanger public health. So, at no time has the committee recommended early release or a pre-trial release of a murderer, rapist, child molester, axe murderer or anyone similar. It would only be for people if found guilty by the state law would still not go to jail. Crosswhite said his obligation is to protect public safety and the citizens of the State of North Carolina. They would never jeopardize the public safety of Iredell County or North Carolina. Commissioner Houpe asked if it was the intent that some of the programs and ideas be used for years to assist in keeping the population down even after a new facility is built. Crosswhite said the pre-trial release program has had a lot of conversation. Alexander and Davie County has been running this program for 20 years with great success. Eight out of the ten - county district have been running this type of program for many years. However, he is not saying this is a recommendation but it may be a consideration from the committee if it would reduce population without endangering public safety. Commissioner Houpe said everyone agrees there needs to be a change in the facility but he just wants the facility to be right to be used for years to come. Crosswhite agreed. Commissioner Griffith stated, with no disrespect, that all of the stakeholders on the committee have been involved with the court system for years and have known the jail has been an issue for a long time. The stakeholders have seen this problem daily and feels it is shameful they had to be commissioned to start looking for solutions. She feels it is frustrating that the governing body had to actually tell them to do something. The people that are involved daily need to be more vocal about saying something needs to be done rather than sitting back until the Board agrees to spend money. Crosswhite said everyone needs to do something. The district attorney has moved and closed 20% more cases with less funding. The State allocation for the courts is 3% of the budget which means they have lost staff. They are authorized to have six district court judges but only have five. The staff of the Clerk of Court and the District Attorney is underfunded by four or more people. Commissioner Griffith said, again with no disrespect, the conditions are the same as they have been but they are just now looking for solutions. Crosswhite stated that communication is one problem but this is an opportunity to talk and find solutions. 15 July 15 2014 Chairman Johnson said one observation is that no one in the jail believes anything that anyone says from the courthouse and vice versa. Crosswhite said he is not sure about that observation but has high praises for Captain Connolly and Darren Campbell who have been very helpful. He is not aware of any animosity between the courts and the jail. Chairman Johnson said the jail staff is bearing the burden of inaction. Those are the people working in inadequate conditions. His number one priority, as a Commissioner, is the safety of the public and the staff. A serious dent must be made in the jail population before there will be any serious diminishing of the issues within the core facilities. The staff can't continue to be asked to work in those conditions. Commissioner Houpe stated everyone echoes the same concerns but feels the Board has a fiduciary responsibility to look after the tax payer as well. He feels everyone is concerned about staff but he is also concerned about the impact to taxes and voters. He wants to take time to get the jail right and hopes the staff understands, with the jail done right, it will make their life safer/better for a longer period of time along with fulfilling the obligations to the tax payers. Crosswhite agrees. Commissioner Houpe and Vice Chairman Norman asked Crosswhite to thank everyone on the committee for volunteering. Crosswhite said he would. He said no one from the committee intends to be adversarial. He believes everyone will concur with Chairman Johnson that something needs to be addressed and appreciates the opportunity to have an input. Commissioner Robertson said he is pleased and feels things are moving in the right direction. He is convinced this phase will end and action will take place. Robertson thanked Crosswhite for the update. OTIO by Commissioner Griffith to table this matter for one month. Commissioner Robertson amended the MOTION by saying he would like to table it until the committee makes their recommendations which could be the second meeting in September. Chairman Johnson said he would support the motion but wanted to make a statement, " I will not sit here and be lectured to about looking after the tax payers' money in regard to this jail. For three years we have squirreled away money. Countless times, through the budget process, people have walked through the front door of my store and asked for county money and I told them no, because I knew we had to build a jail. I will not sit here, because I advocate moving ahead because of my concern for the wellbeing of people that handle that jail, that I am anything less than careful with tax payers' money. I know part of that job falls with me as Chairman, but I will put the number of times I have sit eyeball to eyeball and said no to people for something they wanted and we couldn't give them an increase in their budget or give them a special appropriation because it was my desire to do what we needed to do about the jail and get to the point we could 16 July 15 2014 do it without raising taxes. If someone wants to come make a proposal, let's get on with it. It has been three years, for heaven's sake. It has been three years." Commissioner Houpe said, "I don't think anyone is lecturing. I know you are talking about me, but you are one in five people that's got the responsibility to look after the tax payers and the staff of this county." Chairman Johnson said, "I've done that." Commissioner Houpe said, "The point is, it is our job to do it right and we need to run the County from Center Street not Shelton Avenue. So if they come to the store and bother you, tell them to come here." Chairman Johnson said, "I will send them to see you, Mr. Houpe." Commissioner Houpe said, "No. Send them to see the County Manager and we will deal with it on an official basis. I am not lecturing you. I am doing my job as a county commissioner just like you should do. You are one of five members and this board, by majority, will make the decision." Chairman Johnson said, "They didn't come to see you, they came to see the Chairman and 1 said you can come if you would like but I will not support it [their requests]. I will not recommend it to the Board." Commissioner Houpe said, "That is your choice. You are one vote. We are all one vote. We are a team trying to look after staff and citizens of this county at the same time." Commissioner Robertson stated there is a motion on the floor. Chairman Johnson said the motion is to delay and asked for a vote. VOTING: Ayes — 5; Nays — 0 Request the Designation of a Voting Delegate to NCACC Annual Conference: County Manager Ron Smith said the conference will be held August 14-17 in Buncombe County. Commissioner Renee Griffith will be attending the day of the voting. MOTION by Commissioner Gene Houpe to designate Commissioner Griffith as the delegate. VOTING: Ayes — 5, Nays — 0 Request from Tax Administration to Approve Refunds and Releases for June: MOTION by Vice Chairman Norman to approve. VOTING: Ayes — 5; Nays — 0 17 July 15 2014 Releases for the month of June 2014 Breakdown of Releases: County $ Solid Waste Fees $ Davidson Solid Waste Fees $ E. Alex. Co. Fire #1 $ Shepherd's Fire #2 $ Mt. Mourne Fire #3 $ All County Fire #4 $ B&F Fire #5 $ Statesville City $ Statesville Downtown $ Mooresville Town $ Mooresville Downtown $ Mooresville School $ Love Valley $ Harmony $ Troutman $ Davidson $ Refunds for the month of June 2014 Breakdown of Refunds: County $ Solid Waste Fees $ Davidson Solid Waste Fees $ E. Alex. Co. Fire #1 $ Shepherd's Fire #2 $ Mt. Mourne Fire #3 $ All County Fire #4 $ B&F Fire #5 $ Statesville City $ Statesville Downtown $ Mooresville Town $ Mooresville Downtown $ Mooresville School $ Love Valley $ Harmony $ Troutman $ Davidson $ 2,128.38 52.00 1.34 13.46 180.80 12.42 66.30 640.64 154.02 IiWO 36.92 5.32 Monthly $ 3,254.08 Total Monthly $ 42.24 Total Request to Approve Sanitary Sewer and Pump Station Easement Between Iredell County and B. V. Belk, Jr.: County Attorney Bill Pope stated several schools have been built in Iredell County with COPS type financing and a part of that financing involved a transfer and ownership of the schools back to the County. Except in those situations, the schools are owned by the School Board. During the CON financing the ownership of the facility was transferred back to the County, leased to the school system for $1 per year, and then conveyed a lean on the property to secure the bonds. One of those facilities was Lake Norman High School which is now owned 18 July 15 2014 by the County. Mr. Belk, who owns the adjacent property desires to develop his property and needs a sewer easement across the Lake Norman High School property. The school staff has negotiated with Mr. Belk and agreed to grant the sewer easement for a payment of $15,000. The bond trustee has approved the transaction and signed a release of the easement from the lien of the mortgage. Pope said he prepared the document after the negotiations and procured the signature of the Chairman. Afterwards he said he realized the Board should approve this transaction. Pope is requesting the Board ratify the execution of granting this sewer easement. MOTION by Commissioner Renee Griffith to approve. VOTING: Ayes — 5; Nays — 0 Request for Approval of May 27, June 3 and June 17, 2014, Minutes: MOTION by Vice Chairman Marvin Norman to approve. VOTING: Ayes — 5; Nays — 0. ANNOUNCEMENTS OF VACANCIES OCCURRING ON BOARD & COMMISSIONS Adult Care Home Community Advisory Committee (1 Announcement) APPOINTMENTS TO BOARDS AND COMMISSIONS Inmate Reduction Committee (1 Appointment) Commissioner Ken Robertson nominated James Mallory. OTION by Chairman Johnson to close the floor to nominations and appoint James Mallory by acclamation. VOTING: Ayes — 5; Nays — 0 UNFINISHED BUSINESS (None) PUBLIC COMMENT (None) NEW BUSINESS Commissioner Gene Houpe asked about the article in the Record and Landmark concerning EMS response times. He asked the County Manager how accurate were the assertions that EMS is unavailable to respond to calls for five hours and if that is inaccurate, please explain or have staff explain publicly the responding protocols. County Manager Smith said the five hours a day is inaccurate. There are three units in the Statesville base. When all three units are called out there are multiple layers of back up to cover in 19 July 15 2014 those circumstances. The Specialty Service trucks, that normally run convalescent care, can run back-up. They have postings from various bases close to Statesville, such as Troutman, Perth Road, and Trinity, if all three units are on calls, other bases will post closer to the city. The rescue squad can also help. There are supervisors that can board a rescue squad vehicle and perform advanced life support. Commissioner Houpe said he had spoken to Chief Hutchens at Statesville Fire Department and he realizes the information was not intended as presented. The purpose of trying new procedures for the City is to better serve the citizens of Statesville. He believes this could be accomplished without changing any rescue districts so this would not adversely affect the Iredell Rescue Squad or any volunteer fire department that responded to the City. He recommended the County Manager and county staff meet with the City Manager and city staff to assist Chief Hutchens and the City in any future endeavors to be ready for the Winter Retreat to help talk about the impact and their desires. Houpe said he would not personally support any change in existing rescue districts nor change the present funding formulas. He feels, however, there can never be too many people responding to an emergency. He just wanted to clear some things and thanked Chief Hutchens for his apology to the citizens for any misunderstanding. Houpe said he looks forward to a committee bringing some ideas to the Winter Retreat. Commissioner Renee Griffith said this board was very clear that they would not change any rescue districts north of Troutman. Commissioner Robertson stated that has not changed. Chairman Johnson said there has to be a distinction between a rescue district and what the City Council, as an autonomously elected board can elect to do. The Board of Commissioners can abide by the decision not to grant another rescue district but if it is the desire of the City to address what they think are legitimate needs in terms of public safety for their citizens, then he believes the Board is compelled to work with them. Mr. Hutchens and Larry Pressley has agreed to attend the Fall/Winter Planning Retreat to report their process and long term intentions. Hutchens and Pressley have also agreed to include David Saleeby in any meetings they may have. Johnson believes the Board must rely on staff about answering calls and dealing with response protocol. The Board needs to rely on the judgment call of the person sitting at the console when the call is received, which is what they are trained to do. However, protocols can be established to prevent needless dispatching. Rescue squads are funded on areas served and the numbers of calls run which is a separate issue and can be decided on later. This is the reason the City was asked to give the Board a year's notice before the full implementation of this plan so it can be dealt with through the budgetary process. He feels that if there had not been a downturn of the economy rescue squads may have received additional funding. Through the dispatch protocols and the budget process, this may be an opportunity to give them some relief, as far as the stress on their equipment, without harming them financially. He believes this is a process that needs to be approached cautiously and all who will be impacted by the decision should be included in the initial meetings. When it comes to EMS he will be the first to admit there are a lot of people in the room smart enough to work things out concerning the dispatch protocol and then return to the Board with a recommendation. Commissioner Renee Griffith stated this discussion was brought on by the inaccurate statements in the Record and Landmark. She believes this discussion is about a problem that actually doesn't exist. 20 July 15 2014 Commissioner Houpe said it is not intended to be adversarial, he just wants to rectify a situation. By no means is he recommending to tell the City what they can or cannot do. He was suggesting to give the City and the Chief some clear guidance to the Board positions on creating a new district and funding. He believes there is some misunderstanding that the Board may have a desire to change those districts which in turn would affect the funding. He doesn't believe the process is broken or needs to change which means the protocols wouldn't have to change. Chairman Johnson said he believes it has been established that EMS is not broken and it appears there is some willingness or desire on the part of the City to begin to run first responder calls inside the city limits. Mr. Saleeby will coordinate that between the County agencies and the City agencies. He feels Mr. Hutchens did not mean offense toward EMS when he made that statement. The City and the County wish to work together. He believes the City of Statesville has no desire to get into heavy rescue, they will be designated as light and medium. The Board made a decision to go by the State definition of light, medium, and heavy so there would be no misunderstanding as to what type of equipment was necessary. He thinks the County will have to come to an understanding in other things and believes staff can do that. He expressed his appreciate to EMS for the job they are doing. He, also, expressed his appreciation to the Chief for the job done inside the City limits. COUNTY MANAGER'S REPORT County Manager Ron Smith said he had two follow up items. He mentioned in a previous meeting that AEDs would be installed in many county buildings. This should be completed by the end of the month. The legislative goals may be presented at the August 5 meeting. CLOSED SESSION MOTION by Chairman Steve Johnson to go into Closed Session pursuant to G.S. 143- 318.11 (a) (4) Economic Development, G.S. 143-318.11 (a) (3) Attorney Client and G.S. 143- 318.11 (a) (6) Personnel at 8:45 p.m. VOTING: Ayes — 5; Nays — 0 Commissioner Renee Griffith was excused from the meeting. (RETURNED TO OPEN SESSION AT 9:50 p.m.) Personnel —MOTION by Vice Chairman Marvin Norman to change the salary of the County Manager to Grade 96, Step 27. VOTING: Ayes — 4; Nays — 0 Economic Development —MOTION by Commissioner Gene Houpe to call for a public hearing August 5, 2014, at 7:00 p.m., regarding an economic development incentive of $84,711 over a five year period for Project Porter based on a $5 million investment in Iredell County. 21 July 15 2014 VOTING: Ayes — 4; Nays — 0 Economic Development —MOTION by Commissioner Gene Houpe to call for a public hearing on August 5, 2014, at 7:00 p.m., regarding an economic development incentive of $60,878 over a five year period for Project Dill based on a $3.5 million investment in Iredell County. VOTING: Ayes — 4; Nays — 0 Economic Development — MOTIO by Commissioner Gene Houpe to call for a public hearing on August 5, 2014, at 7:00 p.m., regarding an economic development incentive of $52,933 over a five year period for Project BKR based on a $3 million investment in Iredell County. VOTING: Ayes — 4; Nays — 0 Economic Development — MOTIO by Commissioner Gene Houpe to call for a public hearing on August 5, 2014, at 7:00 p.m., regarding an economic development incentive of $52,933 over a five year period for Project HIL based on a $3 million investment in Iredell County. VOTING: Ayes — 4; Nays — 0 ADJOURNMENT: MOTION by Commissioner Ken Robertson to recess the meeting at 10:00 p.m. until Tuesday, July 29, 2014 at 6:00 p.m. at the Iredell County Agricultural Resource Center, 444 Bristol Drive, Statesville, NC. VOTING: Ayes — 4; Nays — 0. Approval: 22 Clerk to the Board