HomeMy WebLinkAbout12-6-2016 MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
PRE -AGENDA MINUTES
December 6, 2016
The Iredell County Board of Commissioners met in pre -agenda session on Tuesday,
December 6, 2016 at 5:30 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 Tommy Bowles
Gene Houpe
Jeff McNeely
Marvin Norman
Staff present: County Manager Ron Smith, Deputy County Manager Beth Jones, County
Attorney Lisa Valdez, Assistant to the Manager Ben Stikeleather, Finance Director Susan G.
Robertson, and Clerk to the Board Retha Gaither.
CALL TO ORDER: Chairman James Mallory called the meeting to order and welcomed
the new members — Jeff McNeely and Gene Houpe. He also welcomed Tommy Bowles back and
as the new Vice Chairman. He thanked Commissioner Norman for the previous two years as Vice
Chairman.
ADJUSTMENTS TO THE AGENDA: County Manager Ron Smith made the following
adjustments to the agenda:
Remove: Appointment Before the Board — Martin Starnes and Associates, CPAs
Administrative Matters — Request for approval of the November 15 minutes (was
approved by the Incumbent Board on Monday, December 5.
Closed Session — Personnel
Change: Appointments to Boards & Commissions — Zoning Board of Adjustment 4
appointments instead of 3.
Chairman Mallory welcomed Lisa Valdez as the new appointed County Attorney.
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
Chairman Mallory stated that former Commissioner Steve Johnson will present the Order
of the Long Leaf Pine to Mr. Bill Pope at the 7:00 meeting.
PUBLIC HEARINGS
(None)
ADMINISTRATIVE MATTERS
Request from the Finance Department for approval of Public Officials Bonds renewal
according to G.S. 58-72-50: Risk Manager Jean Haun stated it is customary and required by G.S.
58-72-50 this request is for the Public Officials' Bonds, which were budgeted and purchased with
December 6, 2016
funds approved in FYI 7, to be reviewed, approved and recorded. These bonds cover the Finance
Officer, the Tax Collector and deputies, Register of Deeds, and the Sheriff.
This item was placed on the consent agenda.
Name
Position
Employed at
Amount of Guarantee
Frank W. Torches, Jr.
Tax Collector
tredell County
$50,000
Kelly L. Campbell
Deputy Tax Collector
tredell County
550,000
Ann Gray Ray
Deputy Tax Collector
Iredell County
550,000
Linda L. Hicks
Deputy Tax Collector
Iredell County
$50,000
Shannon P. Lester
Deputy Tax Collector
Iredell County
550,000
Laura Stroud
Deputy Tax Collector
Iredell County
550,000
Darren E. Campbell
Sheriff
tredell County
S10,000
Ronald N. Wyatt
Register of Deeds
Iredell County
510,000
Susan G. Robertson
Financial Officer
Iredell County
S100,000
Request from the Finance Department to approve BA #10 to appropriate unspent
Kiwanis Club revenue and county match for Fairground projects: Finance Director Susan
Robertson said the Kiwanis Club and the County each contribute $8,000 annually towards the
maintenance of the Fairgrounds, but typically those funds are carried forward from year to year.
But in 2014 there was an error where the funds did not carry forward. The purchase order lapsed
instead of carrying over. This request will re -appropriate $22,000 that should have been carried
forward for projects this year. They are currently working on upgrades to the restroom facilities.
This item was placed on the consent agenda.
Request from the Planning Division to adopt a resolution and call for a public hearing
concerning the closure of a portion of Silo Drive in Troutman, NC: Planning Division Director
Matthew Todd said the General Statutes spell out the process for road closures. This particular
road was platted in the 1960s for a proposed subdivision that never developed. The land owners
bought the property and combined what they could but the right-of-way can't be combined without
this process. The request is to approve the resolution and call for a public hearing in January. Legal
notices must be advertised for three consecutive weeks before the public hearing.
This item was placed on the consent agenda.
RESOLUTION OF INTENT BY THE BOARD OF COUNTY COMMISSIONERS,
IREDELL COUNTY, NORTH CAROLINA, TO CLOSE A PORTION OF SILO DRIVE.
WHEREAS, N.0 General Statute 153A-241, grants this Board the power to adopt a Resolution of Intent and
close a public road not within a municipality; and
WHEREAS, in 1968, Silo Acres subdivision map was recorded in Plat Book 10, Page 17, of the Iredell
County Registry, which shows Silo Drive, a 60' right-of-way where it intersects with Hamilton Road (SR 2503), as it
was depicted in the plat recorded on June 25, 1968; and
December 6, 2016
WHEREAS, the portion of the road to be closed is located adjacent to Iredell County Parcel Identification
Numbers 4742-45-9316, 4742-55-2392, 4742-45-2239; and
WHEREAS, the section of road right-of-way that the petitioners seek to abandon is 712 feet in length, 60
feet in width and dead ends within the confines of the property owned by the petitioners; and
WHEREAS, the property is shown on the survey map drawn by Dedmon Surveys, dated September, 24,
2016, consisting of a 1.060 acres of land; and
WHEREAS, the affected land owners, Christopher Heath Landis and Lisa Landis consent to the closure of
this portion of said road pursuant to G.S. 153A-241; and
WHEREAS, the closure of a portion of said road is not contrary to public interest and no individual owning
property on said road would be deprived of reasonable means of ingress and egress to his/her property.
NOW, THEREFORE BE IT RESOLVED by the Chairman and Members of the Board of County
Commissioners of Iredell County, North Carolina, that they do hereby declare their intention to close a portion of the
public road herein described, and do call a special hearing on the question to be heard on the 3`d day of January, 2017,
at 7:00 p.m. in the Commissioners Meeting Room of the Iredell County Government Center (Old Courthouse) at 200
S. Center Street, Statesville, North Carolina; and that a copy of this resolution be posted, published and mailed as
required by G.S. 153A-241.
Request from the Finance Department to declared houses surplus and authorization
to use the disposal method most advantageous to the County: Contracts and Purchasing
Manager Dean Lail said this is a continuation of several houses on property that will be used for
staging for the new jail project. These two houses are the last two to be declared for removal. The
one at 325 Harrill Street has asbestos shingle siding which means it will need special handling.
The house on 329 Harrill Street has one interested parry to move the house, provided he can make
all of the proper arrangements. Once declared, these houses can be sold as personal property. In
this case it would be an individual sale to a person. If the Board would authorize for the best
possible means to move the houses off the property either by demolition or conveying to a potential
buyer, this could be facilitated in the most cost effective way for the County. This request is to
have the houses declared and approve disposal by the best possible means.
Commissioner Jeff McNeely asked about the liability to the County if the house is moved.
Lail said there would be an agreement that would pass all liability to the individual. They
have to provide insurance, certificate/license of the mover, etc.
Commissioner Houpe asked if the amount would cover the demolition with the asbestos.
Lail believes the asbestos will not add a great deal to the cost.
This was placed on the consent agenda.
Request from Administration for approval of a Duke Power Easement on South
Iredell High School Property: Assistant to the County Manager Ben Stikeleather said this request
concerns a parking project at South Iredell High School. There is an above -ground power utility
which needs to be moved under -ground. Duke Power is requesting an easement for that purpose.
Commissioner Houpe asked if it is temporary or permanent.
Stikeleather said it will be permanent.
Commissioner Houpe asked if there is plenty of room for maintenance without damaging
surrounding property.
December 6, 2016 3
Stikeleather said it doesn't appear it will actually go through the parking area. There may
be one area at the entrance of the road to the mobile classrooms that could have an issue.
Commissioner Houpe asked if a clause could be inserted that Duke would pay for any
potential damages to property during servicing of the lines.
County Attorney Lisa Valdez said the county owns the property right now due to debt
owed. Once paid, the property goes back to Iredell-Statesville Schools. For the time period of the
county's ownership it is not known if Duke would consider such an agreement.
Commissioner Houpe doesn't want an unintended liability or cost on the school or county.
Valdez will inquire if Duke would agree.
Commissioner Norman said if the line goes bad it will be the responsibility of the school.
Chairman Mallory suggested to approve the easement subject to the inquiry of inserting
the additional language. If they agree, fine, if they don't then just move forward.
This was placed on the consent agenda.
APPOINTMENTS TO BOARDS AND COMMISSIONS.
Smith reviewed the process for filling the vacancy on the Planning Board. When there are
multiple applications for one position, the by-laws state that nominations will be made during the
regular meeting and logged into the minutes. The vote, which is a roll call vote, will be taken at
the next meeting. A deviation from that process requires a suspension from the rules.
things.
Commissioner Bowles suggested to research the process of appointing people to vacancies.
Commissioner McNeely said that appointments and reappointments are two different
Vice Chairman Bowles agreed and felt the Board needs that information in advance.
Commissioner Norman said the problem is that committee members don't respond in a
timely manner with their request to be reappointed. There needs to be a deadline.
Vice Chairman Bowles suggested to place that responsibility on the Chairman of each
committee.
Chairman Mallory asked about the number of committees with a dedicated staff member
that records minutes. As requirements are placed on these committees there must be some
assurances that they can meet those requirements, especially when sharing membership
information.
NEW BUSINESS
Chairman Mallory said pre -agenda will begin at 5:00 starting with the next meeting on
December 20. It would be advantageous to use some of the pre -agenda time, depending on the
work load, to receive reports from individual commissioners who are serving on various
boards/commissions and task force meetings. He encouraged board members to attend other
meetings such as City Council, MCC Board, etc.
December 6, 2016 4
Commissioner Houpe and Commissioner McNeely will be serving on the General
Government Task Force. Houpe said they have reached out to various governmental committees
for representatives to meet on a regular bases to work toward common goals. Martin Page is the
new ISS Board Chair and Chuck Gallyon is Vice Chairman. Both are looking forward to a better
working relationship and will be implementing a Facilities Task Force.
Vice Chairman Bowles said the name of Drug Free Iredell/Lazarus Project will be changed.
Funds had been depleted for the Lazarus Project. A grant of $7500 has been applied and Partners
Behavioral Health has agreed to match the grant to fund a special event on February 25. This event
will gather professionals from the medical community that deal with prescription drugs and other
concerned citizens. Dr. Omar Manejwala, who is a national authority on drug addiction will be the
guest speaker.
Chairman Mallory asked for an update on the prescription data base.
Vice Chairman Bowles said there is a volunteer data base for all agencies that prescribes
or dispenses drugs. However, it is voluntary but it should be mandatory. There are people that are
"doctor shoppers" just to receive multiple prescriptions. This is an epidemic problem but it is not
unique to Iredell County. It is a national problem.
Commissioner Norman said Partners Behavioral is creating a HUB on Signal Hill Drive
with eight to ten beds for citizens dealing with mental health issues. This will save money and time
when a hospital emergency room is not necessary.
Commissioner Houpe reminder the Board of a Legislative Breakfast sponsored by Iredell
Statesville Schools on Thursday, December 8, at the Unity Center.
Smith stated the County is in transition with the Medical Director. He introduced Dr.
Beaver who is a contingent applicant for the position. Attending the meeting with Dr. Beaver was
EMS Director Blair Richey, State Medical Director Trip Winslow, and Western Regional State
EMS Manager Jeff Powell.
The Board recessed into Closed Session at 6:30 PM.
IREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
December 6, 2016
The Iredell County Board of Commissioners met in regular session on Tuesday, December
6, 2016 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 Tommy Bowles
Gene Houpe
Jeff McNeely
Marvin Norman
December 6, 2016 5
Staff present: County Manager Ron Smith, Deputy County Manager Beth Jones, County
Attorney Lisa Valdez, Assistant to the Manager Ben Stikeleather, Finance Director Susan G.
Robertson, and Clerk to the Board Retha Gaither
CALL TO ORDER by Chairman Mallory.
INVOCATION: Chairman James Mallory asked everyone to bow their heads for a
moment of silence.
PLEDGE OF ALLEGIANCE: Chairman Mallory recognized Boy Scout Caleb Johnson
from Troop 171 who led the Pledge.
Chairman Mallory formerly welcomed the new members to the Board, Jeff McNeely, Gene
Houpe and returning member Tommy Bowles, who is the new Vice Chairman. Mallory thanked
Commissioner Marvin Norman for serving as Vice Chairman for the past two years. He, also,
welcome the new County Attorney Lisa Valdez.
ADJUSTMENTS TO THE AGENDA
County Manager Ron Smith made the following adjustments:
Remove: Appointments Before the Board — Martin Starnes and Associates
Administrative Matters — Approval of minutes from November 15, 2016.
Closed Session—Personnel
OTION by Commissioner Gene Houpe to approve the agenda as modified.
VOTING: Ayes — 5; Nays — 0
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
Chairman Mallory stated the Board and the County has an opportunity to recognize
William "Bill" Pope for his 32 years of service to Iredell County. Mallory asked Bill and Becky
Pope to join him up front. Several former commissioners were in attendance and joined Bill at the
dais.
Chairman Mallory expressed deep appreciation for Mr. Pope's service, wealth of
knowledge, and insightful guidance. He presented Mr. Pope with an appreciation plaque from
Iredell County recognizing his 32 years, 1984 to 2016, with Iredell County.
Former Commissioner Steve Johnson came forward to present another award to Mr. Pope.
Mr. Johnson said, "This evening I have the distinct honor and privilege of presenting an award to
an individual who unquestionably deserves it. His faithful service to our county in terms of
duration and dedication is unparalleled. His professionalism and ethical rectitude have been
recognized by everyone who has been blessed to serve with him. His counsel is legally sound and
morally upright. All who know him admire him as profound in his profession and warmly engaging
as a person. The words which come to mind when thinking of Bill Pope are unflappable,
deliberative, wise, smart, succinct, and good. Uncharacteristically of his profession he is brutally
efficient with words. He is good at what he does and he is a good man. His knowledge and noble
December 6, 2016
character leave everyone around him with a feeling of gratitude and indebtedness. For all these
reasons, I am honored to present this award. With admiration and appreciation and absolute
certainty of your deserving of this award on behalf of a grateful county and state. I am pleased to
present you Mr. Bill Pope with the Order of the Long Leaf Pine."
The audience gave a standing ovation.
The Order of the Long Leaf Pine reads: "Reposing special confidence in the integrity,
learning and zeal of William P. Pope. I, (Governor of North Carolina), do by these presents confer
The Order of the Long Leaf Pine with the rank of Ambassador Extraordinary, privileged to enjoy
fully all rights granted to members of this exalted order, among which is the special privilege to
propose the following North Carolina toast in select company anywhere in the free world. `Here's
to the land of the long leaf pine, the summer land where the sun doth shine, where the weak grow
strong and the strong grow great, Here's to `Down Home,' the Old North State!...
Pope expressed his deep appreciation to all who came to the meeting tonight, for the honor
and awards bestowed on him. Pope shared some memories that he was most proud to be part of,
like the organization of the EMS, the organization of the landfill, stopping the incinerator, the
purchase of the old Lowrance Hospital, and Mitchell Community College. Pope composed and
read the following poem:
Some folks call me William, some call me Bill.
Sometimes I am silly, sometimes I sound shrill.
It's easy to discern that I am a lawyer by trade,
Some said it was a deal with the devil I made.
It's my advice they want, not a little blue pill.
For thirty two consecutive years, plus two more,
1 served with the best, none a cad, a thief or a bore.
More meetings and conferences than I care to tell,
Sane easy to watch, others more boring than hell,
But always good people, none the proverbial whore.
Numerous projects, meeting and conference phone calls,
Some in buildings with cells some with large animal stalls.
Some of the facilities seemed Targe when but first erected,
All buildings more than adequate when DPI inspected.
The budgets grew Tike cancer but to some still seem small.
After all these years of service to the people of Iredelt
Rushing here and there, wide open and often Pell Metl,
It's time to stop holding hands with the proverbial clock
And out to the fishing pier head or down to the boat dock
Before they fire me and put a sad end on this happy tale.
This recognition I appreciate more than I can express
And so I'll leave this chamber and go do what I do best.
Sometimes I may sleep in or on the farm spend more time
But I will neither my computer unplug not my telephone line
And to the courtroom be ready if into service I am pressed.
December 6, 2016
Chairman Mallory commented that those things are taken for granted but they didn't
happen years and years ago, they are in our recent past. They are due to the efforts of the citizens,
leadership, and everyone working together.
Ken Robertson expressed his appreciation and commented that commissioners would
always ask for nice, simple, easy answers to complex legal questions in closed session. However,
for 12 years Bill Pope's answer would always begin with the same two words, "It depends." Once,
Robertson asked Mr. Pope if he would ever answer a question with something other than those
two words and Mr. Pope said, "Well, it depends."
Former Register of Deeds Brenda Bell expressed her appreciation and admiration for Mr.
Pope who she has known for over 40 years.
Commissioner Houpe wished Mr. Pope and his family well. He has never heard a negative
word concerning Mr. Pope and thanked him for his service.
Mayor Costi Kutteh expressed appreciation for his many years of working with Mr. Pope.
Former County Manager Joel Mashburn expressed his appreciation and enjoyment for
working with Mr. Pope for 23 years. There were many exciting times and events.
Chairman Mallory thanked everyone for attending.
APPOINTMENTS BEFORE THE BOARD
(None)
PUBLIC HEARINGS
(None)
ADMINISTRATIVE MATTERS
County Manager Ron Smith summarized the consent agenda:
• Request from the Finance Department for approval of Public Officials Bonds renewal
according to G.S. 58-72-50.
• Request from the Finance Department for approval of BA #10 in the amount of $22,000
to appropriate unspent Kiwanis Club revenue and County Match funds for fairgrounds
projects.
• Request from the Planning Division to adopt a resolution and call for a public hearing on
January 3 concerning the closure of a portion of Silo Drive in Troutman.
• Request from the Finance Department to declare two houses surplus and obtain
authorization to use the disposal method most advantageous to the County for these
properties.
• Request from Administration for approval of a Duke Power Easement on the South
Iredell High School Property with the amended language that we ask Duke Power to
repair any areas that may be destroyed if they need to get through that easement.
OTION by Vice Chairman Bowles to approve the consent agenda.
VOTING: Ayes — 5; Nays — 0
December 6, 2016
ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS
(None)
APPOINTMENTS TO BOARD AND COMMISSIONS
Advisory Committee for the Home & Community Care Block Grant (2 Appointments)
OTION by Commissioner Houpe to appoint Barbara Barrier and Mary Jo Danner.
VOTING: Ayes — 5; Nays — 0
Animal Grievance Committee (1 Appointment)
OTION by Commissioner Jeff McNeely to appoint Hal Jolly
VOTING: Ayes — 5; Nays — 0
Recreation Advisory Board (4 Appointments)
MOTION by Commissioner Norman to appoint Wes Davidson, Barbara Thorson, Mike
Kubiniec, and Ronda Hoke.
VOTING: Ayes — 5; Nays — 0
Board of Health (6 Appointments)
OTION by Vice Chairman Bowles to appoint Dr. Tiffany Bradford, Dr. Heather Day,
Dr. Tim Burgess, Jerry Wayne Turner, Lisa Warren and Benjamin Loftis.
VOTING: Ayes — 5; Nays — 0
Zoning Board of Adjustment (4 Appointments)
OTION by Commissioner McNeely to appoint John Allen to the position on the Zoning
Board and allow Bill Leach to return to the Alternate position.
VOTING: Ayes — 5; Nays — 0
Planning Board (1 Appointment)
Vice Chairman Bowles nominated Travis Elliot
Commissioner McNeely nominated Scotty Brown
Commissioner Houpe nominated Vickie Sawyer
OTION by Commissioner Houpe to close the nominations
VOTING: Ayes — 5; Nays — 0
County Manager Smith explained that in a situation where there are multiple nominations
for one position the Rules of Procedure dictate that the Board makes nominations and the Clerk
records those in the minutes. At the next meeting those names will be re -introduced into the
meeting for a roll call vote. This doesn't happen very often and there has been some discussion in
pre -agenda to suspend the rules and allow a straight vote based on the applicants presented.
December 6, 2016
Chairman Mallory said this process is really designed to allow a fairly large board an
additional opportunity to review, discuss and evaluate the nominations. Based on representations
from the Commissioners they feel they have had an opportunity to acquaint themselves with the
qualifications of all particular applicants. Everyone seems to be prepared to vote now. In order to
do that, the rules will need to be suspended. Mallory stated that, in his opinion, typically a
suspension of the rules would require a unanimous vote. However, a majority may vote, but feels
it is good practice to have all commissioners agree to have a suspension of rules. There has been
discussion of the circumstances of when the Hiles could be suspended. Part of which has to do with
examining the rules to make sure the adopted rules are still appropriate for the operating tempo of
this sitting board. If it doesn't apply or make sense under the current circumstances the rules need
to be changed. He feels it would be appropriate to have staff review the rules and make sure they
are appropriate and to tighten some notification processes on individuals on Boards who are
desiring to continue their service.
MOTION by Commissioner Houpe to direct staff to take a comprehensive look at the way
the Board makes appointments to boards and committees and create a process to deal with timing
and deadlines for applications. Also, part 2, the original rules were originally established for a
larger board or to give the Commissioners with multiple nominations an ample opportunity
between now and the next meeting to vet or review the nominees. Due to this case of being familiar
with the nominees/applicants, therefore, this motion includes the request to suspend the rules to
move forward with the vote on all three nominations by alphabetical order until one of three has a
majority of votes to fill the vacant position on the Planning Board.
Chairman Mallory suggested to split the motion into two motions.
MOTION by Commissioner Houpe to direct staff to take a comprehensive look at the way
the Board makes appointments to boards and committees and create a process to deal with timing
and deadlines for applications.
VOTING: Ayes — 5; Nays — 0
MOTION by Commissioner Houpe that the original rules were originally established for a
larger board or to give the Commissioners with multiple nominations an ample opportunity
between now and the next meeting to vet or review the nominees. Due to this case of being familiar
with the nominees/applicants, therefore, this motion includes the request to suspend the rules to
move forward with the vote on all three nominations by alphabetical order until one of three has a
majority of votes to fill the vacant position on the Planning Board.
VOTING: Ayes — 5; Nays — 0
Chairman Mallory asked for a vote of the nominees:
Nominee Scotty Brown
VOTING: Ayes — 2; Nays — 3 (Mallory, Norman, Houpe)
Nominee Travis Elliott
VOTING: Ayes — 2; Nays — 3 (Mallory, Norman, Houpe)
Commissioner Houpe stated that all applicants were qualified and hoped they would be
willing to serve on other committees in the future.
December 6, 2016 10
Commissioner McNeely stated there may be another opening on Planning Board in the
future and maybe one of the other nominees could fill that spot.
Nominee Vicki Sawyer
VOTING: Ayes — 5; Nays — 0
UNFINISHED BUSINESS
(None)
PUBLIC COMMENT PERIOD
(None)
NEW BUSINESS
(None)
COUNTY MANAGER'S REPORT
County Manager Ron Smith mentioned the following items:
The General Governmental Task Force needs to meet fairly soon. There is an on-going
discussion with the Town of Mooresville's staff, which also applies to Statesville and
Troutman, about the application of the Rehab Code in the downtown areas. This would
be a good opportunity to gather the municipalities to discuss improving the efficiencies.
There will be a Fire Tax Oversight Committee meeting soon. Currently Commissioner
Bowles is the representative on that committee. One request needs attention before
starting the budget.
The CRTPO has a meeting on Wednesday in Charlotte. Staff will be in attendance.
ADJOURNMENT
OTION by Commissioner Jeff McNeely to adjourn at 8:10 PM. (The next meeting will
be Friday, December 16, 2016, 9:00 AM, in the South Wing Conference Room, Government
Center, 200 South Center Street, Statesville, NC)
VOTING: Ayes — 5; Nays — 0
Date Approved
Retha C. Gaither, Clerk
December 6, 2016 I 1
