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HomeMy WebLinkAboutMarch_3_2015_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES March 3, 2015 The Iredell County Board of Commissioners met in regular session on Tuesday, March 3, 2015, at 7:00 PM, in the Iredell County Government Center (Commissioners' Meeting Room), 200 South Center Street, Statesville, NC. (A pre -agenda discussion was held at 5:00 PM in the South Wing Conference Room.) Board Members Present Chairman James B. Mallory III Vice Chairman Marvin Norman Tommy Bowles Steve Johnson Ken Robertson Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County Manager Beth Dirks, Finance Director Susan G. Robertson, Public Safety Coordinator David Saleeby, and Clerk to the Board Retha Gaither. CALL TO ORDER by Chairman Mallory. INVOCATION by Commissioner Tommy Bowles. PLEDGE OF ALLEGIANCE led by Scouts Jacob Walker, Evan Chauinard, Carl Raker, and Assistant Scout Master Jesse Walker of Boy Scout Troop 171. ADJUSTMENTS OF THE AGENDA: County Manager Ron Smith had no adjustments to the 7:00 PM agenda. However, during the 5:00 PM pre -agenda meeting there was an addition to Closed Session for property acquisition, G.S. 143-318.1 1 (a) (5). PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS (None) PUBLIC HEARINGS Chairman Mallory declared the public hearing open. Request from Statesville Regional Development for the Consideration of an Economic Development Incentive for Project Gallahad: Statesville Regional Development Director Mike Smith stated this is a new industry potentially moving to Iredell County. This company is involved in motorsports. They intend to move from Charlotte to the Statesville Regional Airport. Project Gallahad will result in a net investment of $5 million to Iredell County. They will establish 40 new Match "'O]5 positions paying an average of over $30 per hour. The improvement period will be from December 1, 2014 through May 31, 2015. The capital investment and new jobs will be established within the first six months. According to county policy the total incentive over a five year period will be $79,445. OTIO by Commissioner Steve Johnson to approve this request and grant this economic incentive of $79,445 over a five year period based on a $5 million investment. VOTING: Ayes — 5; Nays — 0 Chairman Mallory closed the public hearing. ADMINISTRATIVE MATTERS (Consent Agenda) County Manager Ron Smith summarized the following items that were placed on the consent agenda at the 5:00 PM pre -agenda meeting. Request from the Planning Division to Approve a Resolution to Join Charlotte Regional Transportation Organization (CRTPO): Planning Director Matthew Todd reminded the Board this was mentioned several months ago. It is now time to make the transition. Research determined that Iredell County could not make its own MPO. The 2010 Census grouped Mooresville, Troutman and Statesville into the Charlotte Urbanized Area. This triggered a requirement to become part of the MPO out of Charlotte. RESOLUTION PASSED BY THE COUNTY COMMISSIONERS OF THE COUNTY OF IREDEL.L., NORTH CAROLINA THAT WHEREAS, it is recognized that the proper movement of travel within and through the Charlotte Regional Transportation Planning Organization is highly desirable element of a comprehensive plan for the orderly growth and development of the area, and; WHEREAS, Based on 2010 Census, CRTPO's Urbanized Area Boundary was expanded into Iredell County and included most of the county, and; WHEREAS, it is desirable that coordinated, comprehensive and cooperative transportation planning processes be maintained in the CRTPO to ensure that the transportation system is maintained on an efficient and economical basis commensurate with the public health, safety and welfare, and; WHEREAS, a Memorandum of Understanding (dated October 10, 2013) between the counties of Iredell, Mecklenburg and Union, the cities of Charlotte, Monroe and Statesville, the towns of Cornelius, Davidson, Fairview, Huntersville, Indian Trail, Marshville, Matthews, Mineral Springs, Mint Hill, Mooresville, Pineville, Stallings, Troutman, Waxhaw, Weddington, and Wingate, the villages of Marvin, Wesley Chapel the Metropolitan Transit Commission and the North Carolina Department of Transportation sets forth the responsibilities and working arrangements of the CRTPO, NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSIONERS OF THE COUNTY OF IREDELL, NORTH CAROLINA: Request that the Charlotte Regional Transportation Planning Organization Planning Area Boundary be expanded to encompass all of Iredell County. Hari It :. 101 2 Request from the Planning Division to Call for a Public Hearing for Southern Properties, LLC to Release Jurisdiction to the Town of Mooresville: Planning Director Matthew Todd stated this is a request for a public hearing to consider the release ETJ for Ernest Pruitt on .5 acre out of a 1.44 acre tract off Brawley School Road. Unfortunately, a few years ago, there was an oversight made when Mooresville approved a detention pond in the county's jurisdiction. This came to light when Mr. Pruitt presented intentions of developing this lot. The detention pond was designed and approved by Mooresville by mistake. After research, it was decided that if Mooresville would take jurisdiction of the piece of property with the pond a lot of issues would be resolved. Mooresville has agreed. Request from Pine Lake Preparatory, Inc., in Mooresville to Call for a Public Hearing Regarding Issuance of Education Revenue Bonds: Finance Director Susan Robertson said Pine Lake Prep has plans to issue up to $30 million in tax exempt bonds to finance a refinance on acquisition, construction and equipping of educational and athletic facilities at the main campus in Mooresville. Federal tax laws requires that non-profit agencies seek approval of bond issuances from the governing body of the jurisdiction where the facilities are located. The County will have no responsibility and it will not count against the County's legal debt limit. It is consistent with what the Board has done for other charter schools. Chris Terrill, Head of Schools, was present to answer questions concerning Pine Lake Prep. Request for Approval of the Pre -Agenda Minutes from February 17,2015: There were no corrections or changes to the minutes. OTION by Commissioner Ken Robertson to approve the consent agenda. VOTING: Ayes — 5; Nays — 0 ANNOUNCEMENTS OF VACANCIES OCCURRING ON BOARD & COMMISSIONS (None) APPOINTMENTS TO BOARDS AND COMMISSIONS Iredell County Zoning Board of Adjustment (1 Appointment) MOTION by Vice Chairman Marvin Norman to appoint Bill Brater by acclamation. VOTING: Ayes — 5; Nays — 0 Historic Properties Committee (2Appointments) MOTION by Vice Chairman Marvin Norman to appoint Mike Trivette and Cathy Mills by acclamation. VOTING: Ayes — 5; Nays — 0 Board of Equalization and Review (7 Appointments) MOTION by Commissioner Steve Johnson to appoint Ken Pritchard (Chairman), Hal Jolly (Vice -Chairman); Mike Brotherton, Carl Lombardo, Mike Loftis, Don Daniels (Alternate), and Larry Galliher (Alternate) by acclamation. VOTING: Ayes — 5; Nays — 0 UNFINISHED BUSINESS Consent Agenda from Pre -Agenda meeting February 17, 2015: 1. Request from the Sheriff's Office to Adopt a Resolution to Enter into a Mutual Aid Agreement with Other Local Law Enforcement Agencies RESOLUTION ADOPTING A POLICY FOR MUTUAL ASSISTANCE WITH OTHER LAW ENFORCEMENT AGENCIES WHEREAS, PURSUANT TO North Carolina General Statute § 160A-288, the governing body Of a county may adopt appropriate guidelines for the purpose of mutual assistance with other Municipal and county law enforcement agencies; and Whereg pursuant to said laws, the law enforcement assistance to be rendered authorizes Lending officers to work temporarily with officers of the requesting agencies, including in an Undercover capacity, and lending equipment and supplies; and Whereg it is deemed to be in the best interest of the citizens of Iredell County To adopt a reasonable policy and guidelines whereby reciprocal law enforcement assistance can be Both rendered to and obtained from other governmental jurisdictions; and Whereas, such reciprocal assistance is necessary for effective law enforcement for the Protection of the citizens of Iredell County; NOW, THEREFORE, BE IT RESOLVED BY THE IREDELL COUNTYBOARD OF COMMISSIONERS THAT, 1. The Sheriff is hereby authorized to enter into mutual assistance arrangements with other municipal and county law enforcement agencies, provided that the head of the requesting law enforcement agency makes such request in writing. 2. The Sheriff is hereby authorized to permit officers of the Iredell County Sheriff's Office to work temporarily with officers of the requesting agency, including in an undercover capacity, and the Sheriff may lend such equipment and supplies to requesting agencies as he deems advisable. 3. All such request and authorizations shalt be in accordance with North Carolina General Statue § 160A-288, as applicable. 4. While working with a requesting agency, an officer shall have the same jurisdiction, powers, rights, privileges and immunities (including those relating to the defense of civil actions and payment of judgment) as the officers of the requesting agency in addition to those the officer normally possesses. 5. While on duty with the requesting agency, an officer shall be subject to the lawful operational commands of the officer's superior officers in the requesting agency, but the officer shall for personnel and administrative purposes, remain under the control of the officer's own agency, including for purpose of pay. An officer shall furthermore be entitled to worker's compensation and the same benefits to the extent as though he were functioning within the normal scope of the officer's duties. 6. The Sheriff is hereby authorized to enter into mutual assistance agreements with other law enforcement agencies in accordance with such reasonable arrangements, terms and conditions as may be agreed upon between the respective heads of the law enforcement agencies. `,I'll C1 , 201 4 2. Request from the Public Library to Apply for E -Rate Discounts 3. Request from the Public Library to Apply for a LSYA Grant for a Career and Technology Lab 4. Request from ICATS to Adopt a Resolution to Apply for Grant Funds Resolution authorizing the filing of applications with the Federal Transit Administration, an operating administration of the United States Department of Transportation, for Federal transportation assistance authorized by 49 U.S.C. chapter 53, title 23 United States Code, and other Federal statutes administered by the Federal Transit Administration. WHEREAS, the Federal Transportation Administrator has been delegated authority to award Federal financial assistance for a transportation project; WHEREAS, the grant or cooperative agreement for Federal financial assistance will impose certain obligations upon the Applicant, and may require the Applicant to provide the local share of the project cost; WHEREAS, the Applicant has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; NOW, THEREFORE, BE IT RESOLVED BY THE IREDELL COUNTY BOARD OF COMMISSIONERS 1. That the Transportation Director is authorized to execute and file an application for Federal assistance on behalf of Iredell County with the Federal Transit Administration for Federal assistance authorized by 49 U.S.C. chapter 53, Title 23, United States Code, or other Federal statutes authorizing a project administered by the Federal Transit Administration. The Charlotte Regional Transportation Planning Organization has adopted a formula that gives an annual allotment of 5307 funds to Iredell County as a Direct Recipient. 2. That the Transportation Director is authorized to execute and file with its applications the annual certifications and assurances and other documents the Federal Transportation Administration requires before awarding a Federal assistance grant or cooperative agreement. 3. That Transportation Director is authorized to execute grant and cooperative agreements with the Federal Transit Administration on behalf of Iredell County. 5. Request for Approval of the January 20 and February 3 Minutes 6. Announcements of Vacancies on Board & Commissions Request for Approval of the Mission and Vision Statement for the Board of Commissioners 8. Request for Public Hearing on Project Aqua and Project DBT MOTION by Commissioner Ken Robertson to adopt the consent agenda from February 17. 2015. VOTING: Ayes — 5; Nays — 0 Administrative Update of Inmate Reduction Efforts: Chairman Mallory explained this was discussed during the pre -agenda meeting. Additional data will be submitted prior to the next meeting. %Ial Ch .'10] 5 (During the pre -agenda discussion: County Manager Ron Smith stated the jail position has done well. The goal was to process 18 inmates per month but they have actually processed 28 for February. The Appropriate Placement Options are still gearing up. The District Attorney has hired an Assistant District Attorney. January 1, 2015, jail population was 281 and March 1, 2015 the population was 288. This information will be reported monthly.) PUBLIC COMMENT (None) NEW BUSINESS (During the pre -agenda discussion: Public Safety Director David Saleeby gave a follow- up report on the water run-off issues at Troutman Fire Department. Research shows that all property owners contribute to the "ditch" area. The end of the ditch where it joins the Troutman Water System is well designed and well maintained. There is no flooding. Property owners along the ditch have installed various sized pipes on their property which catches yard waste and sticks that results in small pools of water. There is nothing that shows Troutman Fire Department is the main contributor and it is in the Troutman municipality limits.) Commissioner Steve Johnson stated a recent recommendation to the Health Board needs to be reviewed. He asked Commissioner Tommy Bowles (now serving on Health Board) to review the fee for the location of an existing septic tank. Johnson asked that the fee be studied to determine if it accurately reflects the cost associated with delivering the service. Commissioner Tommy Bowles agreed. The next Health Board meeting is April 9, 2015. 1 ► _►_ ._2 '1. County Manager Ron Smith distributed information for the Winter Retreat scheduled for March 6-7, 2015, at Little Joe's Chapel in Barium Springs. County Manager Smith invited the Board to a demonstration of VIPER by the NC Department of Safety, on Wednesday, March 11, 2:00 PM, at the Itedell County Agriculture Center. County Manager Smith received a letter advising that the state will be performing a feasibility study on the overpass of Cornelius Road and 1-77. The State is asking for comments from the County by the end of March. This has been given to the Planning Department to follow through. County Manager Smith stated this is Severe Weather Preparedness Week. A state-wide tornado drill has been scheduled for Wednesday, March 4, 2015 at 9:30 AM. Chairman James Mallory expressed appreciation, on behalf of the Board, to all county employees and emergency services for responding to calls and doing all they could do to keep Ialch " 'Ol > 6 citizens safe during the recent bad weather. A huge thank you for the unremitting efforts as volunteers and professionals. CLOSED SESSION OTIO by Vice Chairman Marvin Norman to enter into Closed Session at 5:30 PM, immediately following the pre -agenda discussion pursuant to G.S. 143-318.11 (a) (6) Personnel and G.S. 143-318.11 (a) (5) Property Acquisition. VOTING: Ayes — 5; Nays — 0 ADJOURNMENT MOTION by Commissioner Steve Johnson to adjourn at 7:20 PM. (The next meeting will be Tuesday, March 17, 2015, 7:00 PM, in the Commissioners' Meeting Room, Pre -Agenda Discussion at 5:00 PM in the South Wing Conference Room, Government Center, 200 South Center Street, Statesville, NC) VOTING: Ayes — 5; Nays — 0. Approval: Clerk to the Board