HomeMy WebLinkAbout2-16-2016 MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
PRE -AGENDA MINUTES
February 16, 2016
The Iredell County Board of Commissioners met in pre -agenda session on Tuesday,
February 16, 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 Marvin Norman
Tommy Bowles
Steve Johnson
Ken Robertson
Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County
Manager Beth Jones, Finance Director Susan G. Robertson, Attorney Lisa Valdez, Assistant to the
Manager Ben Stikeleather, and Deputy Clerk to the Board Amy Anderson.
CALL TO ORDER: Chairman James Mallory called the meeting to order.
ADJUSTMENTS TO THE AGENDA: County Manager Ron Smith made the following
adjustments:
Add: Closed Session — Economic Development G.S. 143-318.11 (a) (4)
APPOINTMENTS BEFORE THE BOARD
Waiver of fees for Demolition Permits when buildings are used for Live Fire Training:
County Manager Ron Smith said the fees are applied by the Inspections Department. There is a
$200 cost for a demolition permit. Lynn Niblock had no issues with the request because live fire
training is done for public purpose.
PUBLIC HEARING
Public hearing and Adopt a Resolution of Approval for Issuance of a not -to -exceed
amount of $125,000,000 ($62,500,000 in Iredell County) in Public Finance Authority
Education Revenue Bonds: Finance Director Susan Robertson said the Tax Equity Physical
Responsibility Act of 1982 requires that any private entity wishing to issue tax exempt bonds must
conduct a public hearing in the County in which the funds will be used. This is not a debt of Iredell
County. If the issuer defaults on the bond the County has no obligation to pay the debt.
Commissioner Robertson asked if an exposure of reputation taint would be an issue with
this bond.
County Attorney Bill Pope said he had no concerns regarding this transaction.
Chairman Mallory stated Iredell County is receiving half of the bond and asked where the
other half is being distributed.
County Attorney Pope said Cabarrus County.
February 16, 2016
Commissioner Norman asked that during the public hearing for Ms. Robertson to explain
that the funds are not in relation to Iredell Statesville Schools.
ADMINISTRATIVE MATTERS
Request from Solid Waste Department to approve a three year contract with
Fleetmatics to install and provide GPS Tracking and data logging devices on all on -road
heavy trucks and selected passenger vehicles operated by the Solid Waste Department: David
Lambert, Director of Solid Waste said Fleetmatics is a data -logging and GPS device. The device
will save on fuel and encourage safety.
Commissioner Robertson said that would require someone do some data.
Commissioner Norman asked if the device would track if a vehicle is left idling.
Lambert said yes. The device will also record speeding or erratic driving.
Commissioner Robertson asked for the rule of thumb for turning off a diesel versus letting
the engine run.
Lambert stated 15 minutes.
Commissioner Bowles asked how many trucks the department had.
Lambert said there are five road tractors, three roll -off trucks, and various passenger trucks.
Commissioner Robertson said he supported the request and would like to have a baseline
study within six months to see what the actual savings are and if there are any other benefits. Some
savings are quantified and there are other safety benefits.
Commissioner Norman said the device can also measure how much a certain vehicle is
costing.
Lambert said the device would be an added safety feature for the enforcement officer.
County Manager Ron Smith said the Inspections Department is also looking into these
devices.
This item was placed on the consent agenda.
Request from the Sheriff's Office for approval of BA# 26 for use of Federal Equity
Sharing funds to replace interview room video System: Major Andy Poteat said the Sheriffs
Office is required by law to record and maintain any juvenile in custody interviews and any B1
felony suspect interviews. The current video system has broken down twice and required new hard
drives in the past year.
This item was placed on the consent agenda.
February 16, 2016
BA#26
To appropriate Federal Equity Sharing Funds to purchase/replace the
2/16/2016
interview room video system in the Sheriffs Office.
Account #
I Current Budget
Chane
Amended Budget
104880 499404
Appro. Fund Balance
(102,000)
(21,272)
(123,272)
105510 610000 15510
Contract Service -ADA
17,000
21,272
38,272
Request from the Sheriff's Office to approve a four year memorandum of agreement
with Division of Employee Security to allow Sheriffs Office to access Employment Security
online records to assist in civil issues: Major Todd Carver said this will allow the Sheriff's Office
access to the DES online database of employment and unemployment records. This will assist
deputies in locating individuals for civil actions. Mr. Carver said only six employees of the
Sheriff's Office will have access to the system.
Chairman Mallory said this will break down some of the self -erected barriers.
Commissioner Robertson asked why the Commissioners needed to be involved since there
was no money involved.
County Manager Smith said because of the Memorandum of Agreement.
This item was placed on the consent agenda.
Request from Finance to approve the high bid received with award to high bidder for
the purchase of 1617 Wedgedale Ave., Statesville acquired by tax foreclosure sale and
authorization for staff to proceed to transfer deed of property to bidder: Purchasing and
Contracts Manager Dean Lail said in November of 2015, the Board of Commissioners approved a
resolution to allow the sale of a property that was acquired by tax foreclosure. At the first auction
the bidder defaulted. At the second auction a bid of $14,010 with $5,716 of that as the amount of
taxes owed. After auction and legal fees are paid the net sale is $6849. Mr. Lail asked the board
to accept this bid.
Chairman Mallory asked if there any liens on the property.
Lail said none that would come to the county.
Chairman Mallory stated it was initially a tax foreclosure and the county acquired the
property by minimum bid and are now selling the property.
This item was placed on the consent agenda.
Request from Facility Services to approve the Contact for Emergency
Communications Center Consultant (ECCC) for the Proposed Public Safety Facility: County
Manager Ron Smith said this is the first significant step in the Public Safety Facility. He explained
that this technology piece cannot be handled in house.
Commissioner Robertson asked if there are any more decisions that need to be made with
the megahertz and radios.
Smith said this study will access the entire communication system and the end users.
Mission Critical Partners (MCP) will conduct a study that determines what is needed and how
much is needed. A new CAD system is a possibility but that cost has been factored in. Cool Springs
February 16, 2016
Volunteer Fire Department has applied for a grant that will populate the county with dual band
radios.
Commissioner Bowles said the amount of the grant is $2,800,000.00 and will cover 90%
of the cost of radios.
Chairman Mallory asked if the study will examine a back-up location.
Public Safety Director David Saleeby stated an operation assessment will be done.
Chairman Mallory stated that the potential partnership with Alexander County should be
researched.
Commissioner Johnson said the scope of this study is limited to the communications
equipment.
Saleeby said the study will ensure that the swap over from the current system to the new
system will be done correctly. There will be a facility and technology assessment done as well.
Smith said MCP will also facilitate any grants.
Plans Review Officer David Montgomery said MCP will also be a consultant with the
design build team that will build the proposed Public Safety Facility. Their expertise will be put in
the building.
Commissioner Bowles asked when the board would be able to provide any input.
Smith stated the consultant will gather input throughout the process.
Saleeby stated MCP will keep the board informed of any progress. The company takes
what the county can afford and show how it can be implemented throughout.
Smith said the board can be involved as much as they want.
Commissioner Bowles said there will be different components to the CAD system.
Saleeby said MCF is an integral part of the 911 Board. There were three major grants
awarded by the 911 Board last year and each of those were administered by MCP.
Chairman Mallory said when MCP comes back with a recommendation all the components
need to be brought back in and given an update.
Saleeby said the Communications Task Force is awaiting a consultant.
Commissioner Johnson asked if MCP will work with the design build team to ensure the
equipment is placed in the best location to maximize its efficiency.
Saleeby said yes.
This was placed on the consent agenda.
Request for approval of the February 2, 2016 minutes: There were no changes or
corrections.
This item was placed on the consent agenda.
February 16, 2016 4
NEW BUSINESS
(None)
Chairman Mallory recessed the Board into Closed Session at 6:05 PM.
The Board recessed at 6:25 PM from Closed Session until the regular meeting at 7:00 PM.
IREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
February 16, 2016
The Iredell County Board of Commissioners met in regular session on Tuesday, February
16, 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 111
Vice Chairman Marvin Norman
Tommy Bowles
Steve Johnson
Ken Robertson
Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County
Manager Beth Jones, Finance Director Susan G. Robertson, Attorney Lisa Valdez, Assistant to the
Manager Ben Stikeleather, and Deputy Clerk to the Board Amy Anderson.
CALL TO ORDER by Chairman Mallory.
INVOCATION: Chairman James Mallory asked everyone to bow their heads for a
moment of silence.
PLEDGE OF ALLEGIANCE led by Chairman Mallory.
ADJUSTMENTS TO THE AGENDA: None
Request from the Iredell County Fireman's Association to waive fees for Demolition
Permits when buildings are used for Live Fire Training. Gary Styers, Interim Chief of
Statesville Fire Department, gave a brief background on live fire training and the certain standards
that are met. He said the association is asking the county to waive the $200 demolition permit fee.
The waiver of the fee will encourage the owner to donate their dwelling for training. This will
eliminate the cost for the homeowner and sometimes the prospective fire departments covers the
charge. Mr. Styers said there have been cases where the demolition permit was not obtained for
whatever reason but the cost to the county would be limited.
Chairman Mallory asked County Manager Ron Smith to summarize any comments from
Lynn Niblock, Director of Development Standards.
February 16, 2016
Smith said Mr. Niblock had no issue with the waiver of the fees but did not want the lack
of collecting fees as a deterrent to obtain a permit. The live trainings are held for the good of the
public. Mr. Smith further said Administration had no issues with the waiver of fees.
MOTION by Commissioner Steve Johnson approve the request. The public benefit is self -
apparent and will have minimal impact on the revenue in the Inspections Department.
VOTING: Ayes — 5; Nays — 0
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
(None)
PUBLIC HEARINGS
Public Hearing and adopt a Resolution of Approval for the Issuance of a not -
to -exceed amount of $125,000,000 ($62,500,000 in Iredell County) in Public Finance
Authority Education Revenue Bonds: Finance Director Susan Blumenstein said the public
hearing is conducted to hear comments in respect to financing educational facilities with the
proceeds of tax exempt bonds to be issued by the Public Finance Authority (PFA). The authority
proposes to issue $125,000,000. The proceeds are being loaned from the PFA to the North Carolina
Charter Educational Foundation. The borrowers will use $62,500,000 in Iredell County to finance
the acquisition, construction, equipping, and other capital cost for Langtree Project, Langtree
Upper School Project, and the Iredell Charter Academy. The remaining amount will be used in
Cabarrus County. This is not a debt of Iredell County. Iredell County is not issuing the bonds or
pledging the faith in credit. If the issuer defaults on the bond the County has no obligation to pay
the debt. The Tax Equity Physical Responsibility Act of 1982 requires that any private entity
wishing to issue tax exempt bonds must conduct a public hearing in the County in which the funds
will be used.
Brandon Loftin, Attorney for the applicant, was available to answer any questions.
Commissioner Steve Johnson asked the cost per square foot to build a school.
Loftin did not know.
Chairman Mallory asked if specific building requirements are met from the Department of
Public Instruction.
An unidentified person said yes.
Commissioner Johnson asked if the schools adhered to the standards.
An unidentified person said yes.
County Attorney Bill Pope said he received no comments in regard to the legal notice that
was published.
MOTION by Commissioner Ken Robertson to adopt the resolution.
VOTING: Ayes — 5; Nays — 0
February 16, 2016
RESOLUTION APPROVING THE ISSUANCE OF NOT TO EXCEED $125,000,000 OF
PUBLIC FINANCE AUTHORITY EDUCATION REVENUE BONDS TO FINANCE CERTAIN
COSTS OF VARIOUS PROJECTS ON BEHALF OF THE NORTH CAROLINA CHARTER
EDUCATIONAL FOUNDATION, INC.
WHEREAS, at P.M., the Chairman announced that the Board of Commissioners (the "Board")
would proceed to hold a public hearing and would hear anyone who wished to be heard on the proposed issuance by
the Public Finance Authority (the "Authority"), a unit of government and a body corporate and politic of the State of
Wisconsin, of not exceeding $125,000,000 of its revenue bonds in one or more issuances and/or one or more series
(the "Bonds");
WHEREAS, the Authority will loan the proceeds of the Bonds to The North Carolina Charter Educational
Foundation, Inc. (the "Corporation'), a North Carolina nonprofit corporation and an exempt organization under
Section 501(c)(3) of the Internal Revenue Code, Red Apple at Langtree, LLC, Red Apple at Langtree Upper, LLC
and Red Apple at Iredell, LLC, each a Florida limited liability company (collectively with the Corporation, the
"Borrowers"), and used by the Borrowers to, among other things, (1) finance the acquisition, construction, equipping,
and/or any other capital expenditures and related expenses, as applicable, of (a) charter school educational facilities
at 154 Foundation Court, Mooresville, North Carolina 28117 within Iredell County and referred to as Langtree Charter
Academy (the "Langtree Project'), (b) charter school educational facilities at 185 W. Waterlynn Road, Mooresville,
North Carolina 28117, within Iredell County and referred to as Langtree Charter Academy (the `Langtree Upper
School Project") and (c) charter school educational facilities at 1163 Charlotte Highway, Troutman, North Carolina
28166, within Iredell County and referred to as Iredell Charter Academy (the `Iredell Project" and together with the
Langtree Project and the Langtree Upper School Project, the "Projects"), (2) fiord capitalized interest in connection
therewith, (3) fund any debt service reserve funds and (4) pay certain expenses in connection with the issuance of the
Bonds by the Authority;
WHEREAS, the amount of proceeds from the sale of the Bonds used to finance the Projects will not exceed
$62,500,000 and additional proceeds from the sale of the Bonds will also be loaned to the Corporation and additional
borrowers to finance charter school educational facilities located or to be located in Cabarrtts County, North Carolina;
WHEREAS, pursuant to Section 66.0304(1 1)(a) of the Wisconsin Statutes, prior to their issuance, bonds
issued by the Authority must be approved by the governing body or highest ranking executive or administrator of the
political subdivision within whose boundaries a project is located, which with respect to the Projects is Iredell County,
North Carolina;
WHEREAS, the Borrowers have requested that the Board approve the financing of the Projects, and the
issuance of the Bonds, in an amount not to exceed 5125,000,000, in order to satisfy the public approval requirement
of Section 147(f) of the Code and the requirements of Section 4 of the Amended and Restated Joint Exercise of Powers
Agreement Relating to the Public Finance Authority, dated as of September 28, 2010 (the "Joint Exercise
Agreement'), and Section 66.0304(11)(a) of the Wisconsin Statutes;
WHEREAS, on February , 2016, a notice of public hearing was published in the Statesville Record &
Landmark, setting forth a general, functional description of the type and use of the facilities to be financed, the
maximum principal amount of the Bonds, the initial owner, operator or manager of the facilities and the location of
the facilities, among other things;
WHEREAS, the names, address and testimony of the persons who were present and who offered comments
on the proposed issuance of the Bonds or who responded in writing to the notice of public hearing are as follows:
[None]
WHEREAS, the Chairman of the Board inquired elsewhere in and around the meeting room to determine
whether there were any other persons who wished to speak at the public hearing and the Chairman of the Board
determined that no other persons who wished to speak at the public hearing were found; and
February 16, 2016
WHEREAS, the purpose of the above-described public hearing and this resolution is to satisfy the public
approval requirement of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), in order to
qualify the interest on the Bonds for exclusion from the gross income of the owners thereof for federal income tax
purposes pursuant to the applicable provisions of the Code;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR THE
COUNTY OF IREDELL, NORTH CAROLINA:
Section 1. For the sole purpose of qualifying the interest on the tax-exempt portion of the Bonds for
exclusion from the gross income of the owners thereof for federal income tax purposes pursuant to the applicable
provisions of the Code, the Board hereby approves the issuance of the Bonds by the Authority for the purpose of
providing funds to finance multiple charter school facilities including the Projects, provided that in no event shall
Iredell County, the State of North Carolina or any political subdivision thereof be liable for such Bonds nor
shall the Bonds constitute a debt of Iredell County, the State of North Carolina or any political subdivision
thereof. It is the purpose and intent of the Board that this resolution constitute approval of the issuance of the Bonds
by the applicable elected representative of the Project Jurisdiction for the Projects, which is the governmental unit
having jurisdiction over the areas in which the Projects are located, in accordance with Section 1470 of the Code and
Section 66.0304(l 1)(a) of the Wisconsin Statutes and Section 4 of the Joint Exercise Agreement.
Section 2. This resolution shall take effect immediately upon its passage.
APPOINTMENTS BEFORE THE BOARD
(None)
ADMINISTRATIVE MATTERS
County Manager Ron Smith summarized the consent agenda as follows:
• Request from Solid Waste for approval of a three-year contract with Fleetmatics to install
GPS.
• Request from the Sheriff's Office for approval of BA#26 for Federal Equity Sharing Funds
to the replace video system.
• Request from the Sheriffs Office for approval of a four-year MOU with the Division of
Employment Security for on-line access.
• Request from the Finance Department for approval of bid received for 1617 Wedgedale
Avenue, Statesville.
• Request from Facility Services for approval of contract for an Emergency Communications
Center Consultant for the proposed Public Safety Complex.
• Request from Tax Administration to approve refunds and releases.
• Request for approval of the February 2, 2016 minutes.
MOTION by Commissioner Marvin Norman to approve the consent agenda.
VOTING: Ayes — 5; Nays — 0
ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS
Historic Properties Commission (1 Appointment)
APPOINTMENTS TO BOARD AND COMMISSIONS
(None)
February 16, 2016
UNFINISHED BUSINESS
(None)
PUBLIC COMMENT PERIOD
(None)
NEW BUSINESS
(None)
COUNTY MANAGER'S REPORT
County Manager Ron Smith provided the board with a packet of information that was
provided by the Iredell Statesville School System and Mooresville Graded School System. The
packet includes a facilities study. The school systems have asked that the board read the
information at their leisure. The Chairman and County Manager's signatures are required but the
signatures do not mean endorsement.
Chairman Mallory asked if there is a deadline.
Smith said the deadline has passed so as soon as we can get it to them.
Chairman Mallory asked the board to review the information and share any concerns with
County Manager Smith who can share them with each respective school system.
County Manager Smith said that surveying is being conducted for the jail project. The
house on Harrell Street is in the process of being vacated.
County offices opened an hour late this morning due to inclement weather.
Smith thanked the departments who work behind the scenes.
CLOSED SESSIONS
Chairman Mallory said the Closed Session was completed during the pre -agenda.
ADJOURNMENT
OTIO by Commissioner Steve Johnson to adjourn at 7:22 PM.
VOTING: Ayes — 5; Nays — 0
Date Approved
Amy B. Anderson, Deputy Clerk
February 16, 2016