HomeMy WebLinkAboutMay_19_2015_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
PRE -AGENDA MINUTES
May 19, 2015
The lredell County Board of Commissioners met in pre -agenda session Tuesday, May 19,
2015 at 5:00 PM in the Iredell County Government Center (South Wing Conference Room), 200
South Center Street, Statesville, NC.
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 Davie
Saleeby, Attorney Lisa Valdez, and Clerk to the Board Retha Gaither.
Call to Order by Chairman Mallory.
Chairman Mallory stated the meeting will begin with Closed Session.
The Board returned to open session at 5:40 PM.
ADJUSTMENTS TO THE AGENDA
County Manager Ron Smith reported the following adjustments to the agenda:
Add:
Announcement of Vacancies — Mitchell Community College Board of Trustees
(1 Announcement)
Appointments to Board — Troutman Board of Adjustment (1 Appointment) and
Troutman Planning Board (2 Appointments)
Commissioner Robertson asked to add the following:
New Business — Draft resolution concerning the I-77 Toll Lanes
APPOINTMENTS BEFORE THE BOARD
Request from the Health Department to Review the 2014 State of the County Health
Report and the 2015 Community Health Assessment Process: County Manager Ron Smith said
he asked Health Director Jane Murray to share this annual report with the Board.
ADMINISTRATIVE MATTERS
Request from the Emergency Medical Service to Approve BA #29 to Cover the Cost
of Remounting an Ambulance: Assistant Director Steve Mauney said the cost of repairs to the
May 19, 2015
current ambulance is increasing and is requesting approval to move forward with the remounting
now.
This item was placed on the consent agenda.
Request from Administration to Approve the Conveyance of Certain Real Property
to the Iredell Statesville Board of Education: Deputy County Manager Beth Dirks said the
agenda packet contains a resolution passed by the Board of Education on May 4 concerning Scotts
Elementary, Statesville High School, and Woodland Heights. In 2003 and 2006 Certificates of
Participation were issued for construction and equipment. There was also a lease agreement for
Scotts Elementary and Woodland Heights Elementary. In 2006 there was another lease agreement
for Statesville High School. All of these items have been satisfied and are no longer needed for
collateral. As part of the lease agreement the Board of Education is exercising their right to
purchase -back.
Smith expressed concerns by Vice Chairman Norman during a recent phone conversation.
The question is concerning property purchased by the County, given to the school system and then
when the school decides to sell it, the County is asked to pay for it again. Ebenezer is an example.
ISS has offered it to the County for a price. Vice Chairman Norman expressed the concern of
paying twice.
Attorney Lisa Valdez stated a revert clause could be placed in these deeds saying that if
and/or when the property is not used for education purposes the County has first rights and there
would be no reason to negotiate a price for something you had already purchased before.
Vice Chairman Norman asked if the County needs the property in the future would the
County have to pay for it again.
Chairman Mallory said the right of first refusal is just a right to pay again which is not
addressing the issue. The options are to transfer to them and retain some type of deed of trust so
when it is sold the County is paid back or retain ownership and give ISS the right to use it.
Commissioner Robertson said in the past the school system has taken the proceeds from
the sale of property and used it to purchase other properties.
Attorney Bill Pope said a condition could be crafted, to the conveyance, stating that if the
property is not used for education purposes it must be first offered back to the County free. If the
County did not want the property then ISS could sell it.
Valdez said these particular leases have already terminated.
Dirks said they have five years from 2013.
Smith said he could begin with a conversation with school staff.
This item was pulled from the agenda. Smith will make that adjustment during regular
session.
Request from the Register of Deeds to Approve BA #30 for Upgrades to Computer
Hardware and Software: Register of Deeds Matt McCall said they had been with Cott Systems
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May 19, 2015
for many years but he did research other options. They asked six companies for a quote. The plan
is to replace the present server in Phase 1. In Phase II they would use in-house IT and some
contracted services for an additional server in the Mooresville office. Should there be any type of
disaster in Statesville that would suspend services, they could spin off the server in Mooresville
and be back in business in a few hours. The funds will be drawn from a savings account built from
office transactions.
Vice Chairman Norman asked if everything would be on-line with this change.
McCall said yes. Currently, there are 10,000 registered and 2,000 nonregistered users for
the ROD web site. The request is to reallocate money from the savings account for this project.
The amount of the project will require a formal bid process. However, in the meantime he would
like to begin some preliminary work.
This item was placed on the consent agenda.
Request from Tax Administration for Approval of the April Refunds and Releases:
Smith said Commissioner Bowles has an indirect connection to one of the releases.
Commissioner Bowles will sustain from voting.
This item was placed on the consent agenda.
ANNOUNCEMENT OF VACANCIES
Industrial Facilities & Pollution Control Financing Authority (2 Announcements)
Centralina Workforce Development Board (2 Announcements)
Mitchell Community College Board of Trustees (1 Announcement)
F.11 9 0110100 1046111 11.911 C611,147.1 IN
Troutman Board of Adjustment (1 appointment)
Troutman Planning Board (2 Appointments)
Smith stated Troutman has requested the Board suspend the rules and make these
appointments tonight because of an upcoming meeting.
Commissioner Robertson asked Commissioner Bowles if he would be willing to take over
his appointment for the Centralina Workforce Development Board.
Commissioner Bowles agreed.
COUNTY MANAGER'S REPORT
Smith stated he met with Chairman Mallory, Commissioner Robertson, Erskine Smith and
Thurston Houston concerning the request for Mooresville's Board to discuss ETJ releases. The
results of that meeting is that Mooresville will review their policy and consider making
adjustments quarterly or more often. A letter was crafted which will be sent to Erskine Smith.
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May 19, 2015
Chairman Mallory recessed the Board until the regular meeting at 7:00 PM in the
Commissioners' Meeting Room.
IREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
May 19, 2015
The Iredell County Board of Commissioners met in regular session on Tuesday, May 19,
2015, at 7:00 PM, in the Iredell County Government Center (Commissioners' Meeting Room),
200 South Center Street, Statesville, NC.
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, Attorney Lisa Valdez, and Clerk to the Board Retha Gaither.
Call to order by Chairman James Mallory. He asked for prayers for the families of Frank
Rader and Mac Herring who recently passed away.
Invocation by Chairman Mallory.
Pledge of Allegiance led by Chairman Mallory.
County Manager Ron Smith made the following adjustments:
Remove: Administrative Matters
Item B, Memo #5
Add: Announcements of Vacancies
Mitchell Community College Board of Trustees (1 Announcement)
Appointments to Boards
Troutman Board of Adjustment (1 Appointment)
Troutman Planning Board (2 Appointments)
MOTIO by Commissioner Steve Johnson to adopt the agenda as adjusted.
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May 19, 2015
VOTING: Ayes — 5; Nays — 0
Commissioner Ken Robertson asked to make another adjustment to Add under New
Business the resolution concerning I-77 Toll Roads.
OTION by Commissioner Steve Johnson to adopt the agenda as amended.
VOTING: Ayes — 5; Nays — 0
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
Recognize Retiree Richard Boyd from Development Services: Chairman James
Mallory stated that Richard has been an employee of Iredell County for over 40 years and has seen
many changes.
Building Standards Director Lynn Niblock expressed his appreciation and pleasure to
work with Richard for the past 30 years. He said the department will miss Richard greatly but
wished him much success in the next phase of his life.
Commissioner Johnson stated he met Richard in July of 1981. He expressed his
appreciation for Richard's insightfulness and willingness to serve yet be helpful to citizens.
Richard is highly respected by all contractors and citizens of Iredell County.
Chairman Mallory presented Richard with his retirement plaque and expressed his
appreciation for his dedication.
Boyd expressed his appreciation to Lynn Niblock and the Board of Commissioners.
Request from the Health Department to Review the 2014 State of the County Health
Report and the 2015 Community Health Assessment Process: Health Director Jane Murray
introduced Meagan Kinley who is the Community Health Transformation Planner and Healthy
Carolinians Task Force Facilitator.
Kinley address the board and shared the 2014 State of the County Health Report and the
process for the 2015 Community Health Assessment. This report is a requirement in the North
Carolina Department of Public Health Consolidated Agreement and part of the North Carolina
Public Health Accreditation Standards. The report consists of current demographic information,
state and local data, and community progress made on selected high level health priorities during
the previous year. One of the largest issues facing Iredell County is the growing infant mortality
rate. Iredell County's infant mortality rate exceeds the State's rate. Tobacco use is related to poor
birth outcomes. The leading causes of adult death are cancer, diseases of the heart, and chronic
lower respiratory disease. The underlying contributors to preventable death are tobacco use,
unhealthy eating, and physical inactivity. However, the smoking rates have begun to decrease. In
regards to healthy eating Iredell County ranks better than the State in fruit and vegetable
consumption by nearly 3%. Physical Activity is a crucial component to preventing chronic
conditions and premature death. Only half of Iredell County residents get the recommended
amount of aerobic activity and only one-third get the recommended amount of strength training.
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May 19, 2015
The Health Department will begin a partnership with United Way to increase physical activity
opportunities throughout the community. The issues mentioned will not disappear without a
substantial amount of change. Therefore, the Health Department seeks to implement policies,
environmental changes and establishe partnerships throughout the state, region, and county.
Chairman Mallory asked if the Health Department had seen any improvement in health
issues with so many employers implementing wellness programs. Also, what is the number one
factor to the high infant mortality rate?
Kinley said yes and they partner strongly with Iredell County's Wellness. She believes
infant mortality rate is due to a combination of things but tobacco use is a main culprit.
Commissioner Bowles stated, in his short tenure on the Health Board, he is pleasantly
impressed with the staff for their commitment to seek solutions for health issues.
PUBLIC HEARINGS
Chairman Mallory declared the public hearing open.
Request from Mooresville -South Iredell Economic Development to Consider a Tax
Increment Grant for R. L. West: MSIEDC Executive Director Robert Carney expressed his
appreciation to be heard before the Board. This request is for a tax increment grant (TIG) for
Langtree Development Company, LLC. A tax increment grant is an incentive driven by
performance based new revenue. This means the company must commit and preform necessary
promises and investment commitments before they receive any incentive money. Expected
impacts as a result of this TIG incentive is over one million square feet of vertical development,
$218 million in new taxable market value, $121 million in annual retail sales, 1,945 permanent
employees, $65 million in annual payroll, $2,331,000 in annual property taxes, and $2.4 million
in local sales taxes to Mooresville and Iredell County. This project requires TIG assistance to meet
the cost and demands of a 750 space parking deck. This deck will support the development of a
Hilton Doubletree Hotel and Conference Center as well as a SwimMac aquatic center. This request
is for approval of a tax incentive grant based on the full development of the following: 50,000
square foot SwimMac recreational development facility, 250 room Hilton Doubletree full service
hotel and conference center and a 750 space parking deck. Upon successful development Iredell
County would agree to pay 45% of increased tax value over the base line value of $70,499,770
with the incentive period starting in 2018 for a period not to exceed 13 years for a maximum of
town and county incentive amount of $14.5 million or whichever comes first.
No members of the public wished to speak.
OTIO by Commissioner Robertson to approve a tax increment grant with Langtree
Development Company, LLC in the amount of 45% of incremental taxes calculated on the base
line assessed value of $70,499,770 as of January 1, 2015, based on Iredell County's valuation
based on the following conditions: 1) such grant shall be conditioned upon the tax increment grant
agreement and an agreement providing for public use a parking deck to be built by Langtree
Development LLC; 2) such grant to begin only after the completion and approval for occupation
of a 50,000 square foot SwimMac recreational swimming facility, a minimum 250 room Hilton
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May 19, 2015
Doubletree full service hotel and conference center and a minimum 750 space parking deck; 3)
any incentive payments to begin as further set out in the tax increment grant agreement; 4) the
combine total contribution of the county and similar 45% incentive grant by the Town of
Mooresville shall not exceed $14,500,000; 5) such incentive shall not be paid for more than 13
years from their beginning date regardless of the amount of incentives paid by the County.
VOTING: Ayes — 5; Nays — 0
Chairman Mallory closed the public hearing.
***CONSENT AGENDA***
County Manager Ron Smith summarized the following items placed on the consent agenda
during the pre -agenda session:
• Request from the Emergency Medical Service to approve BA #29 to cover the cost
of remounting an ambulance.
• Request from the Register of Deeds to approve BA #30 for upgrades to computer
hardware and software.
• Request from Tax Administration for approval of the April refunds & releases.
MOTION by Vice Chairman Marvin Norman to approve the consent agenda.
VOTING: Ayes — 5; Nays — 0
ANNOUNCEMENTS OF VACANCIES OCCURING ON BOARD AND COMMISSIONS
Industrial Facilities & Pollution Control Financing Authority (2 Announcements
Centralina Workforce Development Board (2 Announcements)
Mitchell Community College Board of Trustees (1 Announcement)
APPOINTMENTS TO BOARDS AND COMMISSIONS
Troutman Board of Adjustment (I Appointment) — Bill Booker has been recommended.
MOTION by Commissioner Tommy Bowles to appoint Mr. Bill Booker to fill the
unexpired term of Wayne Rogers to the Troutman Board of Adjustment.
VOTING: Ayes — 5; Nays — 0
Troutman Planning Board (2 Appointments) Randy Farmer and Mike Todd have been
recommended. The Town of Troutman has asked the Board to suspend their rules by announcing
and appointing during the same meeting.
MOTIO by Vice Chairman Marvin Norman to suspend the rules.
VOTING: Ayes — 5; Nays — 0
MOTION by Commissioner Steve Johnson to appoint Randy Farmer and Mike Todd to
the Troutman Planning Board.
May 19, 2015
VOTING: Ayes — 5; Nays — 0
UNFINISHED BUSINESS
Inmate Reduction Monthly Report: Deputy County Manager Beth Dirks stated this report
reflects the actual data from all three agencies:
Beginning
Jail
Population
Jail
Annual
Cost
From
To
Goal
New#
Inmates
Processed
of
of Days
$47,865
Date
Date
2/1/2015
3/1/2015
18
28
431
($30,170)
3/1/2015
3/31/2015
18
33
606
$42,420
4/1/2015
4/30/2015
18
14
394
($27,580)
Beginning
Jail
Population
Annual
281
Annual
APO
Cost
ADA
Cost
New
$86,400
New
$78,000
Goal Inmates
# of Days
Reduced
Goal
# of Days
Inmates Reduced
Processed
Processed*
6 0
0
23
0 1 0
6 6
100
($7,000)
23
14 78
($5,460)
6 5
189
($13,230)
23
10 367
($25,690)
Beginning
Jail
Population
Ending
Jail Difference
Population
281
288 7
288
254 34
254
262 8
Chairman Mallory asked if the ADA is bringing cases to trial that are not for a plea but to
be tried.
Dirks said with the Rocket Docket, the attorney talks with the ADA and the case is before
a judge much quicker.
Chairman Mallory asked if APO would be phased out.
Dirks said yes. July 7 is the termination of APO. However, we will continue to track
current participants in the program, but they are not accepting any new clients.
PUBLIC COMMENT
(None)
NEW BUSINESS
May 19, 2015
Commissioner Ken Robertson stated the effort to widen 1-77 has been going on for many
years. Everyone is aware of the shortcomings of the current toll road proposal. He offered the
following resolution for the Board's approval:
A RESOLUTION REQUESTING A FULL AND COMPLETE REVIEW FROM
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
REGARDING THE CONTRACT TO WIDEN I-77 WITH TOLL LANES
BE IT RESOLVED BY THE IREDELL COUNTY BOARD OF COMMISSIONERS:
WHEREAS, for a decade, various regional transportation planning boards, the North
Carolina Department of Transportation; and many North Carolina State Representatives,
State Senators, and Governors have all made sincere good faith efforts to both fund and
widen the congested lanes on Interstate 77 between Huntersville and Mooresville; and
WHEREAS, during the time of these efforts, the ability of the State of North Carolina to
fund the I-77 widening project was severely constrained by negative economic and fiscal
conditions, thereby necessitating exploring alternative financing methods and public-private
partnerships; and
WHEREAS, the State of North Carolina's fiscal posture and economic outlook has been
significantly improved through the efforts of the Legislature and Governor; thereby calling
into question the underlying assumptions driving the current financing model; and
WHEREAS, the Comprehensive Agreement between the North Carolina Department of
Transportation and I-77 Mobility Partners was executed on June 26, 2014; and
WHEREAS, the Comprehensive Agreement was amended in January 2014 to remove the
planned General Purpose Lanes Project between Exit 28 and Exit 36 on I-77 from the
exclusions in the Unplanned Revenue Impacting Facilities section of said agreement; and
WHEREAS, the Board of Commissioners of the County of Iredell believes that in the
present form, the agreement is no longer in the best interest of the voters or the driving
public;
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the
County of Iredell expresses its concern to Governor McCrory, the Secretary of the North
Carolina Department of Transportation, and the North Carolina Board of Transportation,
that we consider alternatives to reduce the scope and cost of the project while still
accomplishing the project goals, consider the viability of traditional funding mechanisms
and processes; and delay obligating the state to this current agreement until a full review by
all concerned governmental organizations.
This the 19`h day of May, 2015
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May 19, 2015
Chairman Mallory stated Commissioner Robertson has presented the resolution for
adoption.
VOTING: Ayes — 5; Nays — 0
COUNTY MANAGER'S REPORT
County Manager Ron Smith said the County will be debuting a new website at the end of
the month. This is a significant accomplishment with more interaction with the public. The
employment application process will be totally on-line.
CLOSED SESSION
Chairman Mallory recessed the regular meeting into Closed Session at 7:51 PM pursuant
to G. S. 143-318.11(a) (4) concerning economic development.
The Board returned to regular session at 8:13 PM.
OTION by Commissioner Ken Robertson to call for a public hearing on June 2, 2015, at
7:00 PM regarding an economic development incentive ranging between $51,639 and $59,584
over a five year period for Project Cobia based on an investment ranging between $3.25 million
and $3.75 million in Iredell County.
VOTING: Ayes — 5; Nays — 0
MOTION by Commissioner Tommy Bowles to amend a previous economic incentive
agreement for Project BK based on an investment ranging between $3 million and $3.7 million
within an incentive ranging between $47,667 and $58,789 over a five year period.
VOTING: Ayes — 5; Nays — 0
MOTION by Vice Chairman Marvin Norman to call for a public hearing on June 2, 2015,
at 7:00 PM regarding an economic development incentive of 51,828,272 over a six year period for
Project Albacore based on an investment of $96.6 million in Iredell County.
VOTING: Ayes — 5; Nays — 0
OTION by Commissioner Ken Robertson to adjourn at 8:15 PM.
VOTING: Ayes — 5; Nays — 0
Date Approved
Retha C. Gaither, Clerk
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May 19, 2015