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HomeMy WebLinkAbout1-5-2016 MinutesIREDELL COUNTY BOARD OF COMMISSIONERS PRE -AGENDA MINUTES January 5, 2016 The Iredell County Board of Commissioners met in pre -agenda session on Tuesday, January 5, 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, Public Safety Director David Saleeby, Assistant to the Manager Ben Stikeleather, and Clerk to the Board Retha Gaither. CALL TO ORDER: Chairman James Mallory called the meeting to order. ADJUSTMENTS TO THE AGENDA: County Manager Ron Smith made the following adjustments: vote. Add: Closed Session Economic Development G.S. 143-318.11 (a) (4) Attorney -Client G.S. 143-318.11 (a)(3) Adjust the Public Hearing to either move to Administrative Matters or hold it without a PUBLIC HEARINGS Public Hearing to Consider a Request from the Planning Division for Text Amendments to the Land Development Code: Planning Director Matthew Todd gave a brief summary of the proposed text amendments that were unanimously approved by a 7-0 vote from the Planning Board. New codes were implemented in 2011 and since that time they have been able to experience what is and isn't working. Dealing with developers and other's feedback on issues and problems was a driving force in making changes in the text. It was by unanimous agreement of the Board to go forward with the scheduled public hearing but not close the hearing until the next meeting on January 19, 2016. This would give the public ample time to review the text changes and make comments if so desired. Request from the Health Department for Approval of the Oral Health Section and BA #21 for $1,075: Health Director Jane Murray said this is a budget amendment for funds received from the State Oral Health Section. The actual grant is $16,000 but the budget amendment for $1,075 will be used to cover the cost of training, travel, and supplies. The remainder will be January 5, 2016 used to cover salary and fringe already in the budget. They will work with the State on projects for sealants, fluoride rinsing, and overcoming barriers to dental care. This item was placed on the consent agenda. BA#21 1/5/2016 To allocate Oral Health state grant revenues and expenditures Current Budget Account # Amended Budget Current Budget Chane Amended Budget 10491801 440002 Oral Health Program (1,075) (1,075) 10918010 535000 41401 Dept Supplies 100 100 10918010 535016 41401 Medical Supplies 400 400 10918010 536000 41401 Training & Development 500 500 10918010 536200 41401 Travel In -County 75 Request from the Health Department for Approval of the Evidence -Based Strategies for Maternal and Child Health and BA #22 for $15,000: Health Director Jane Murray said this request is from the Maternal and Child Health Division of Public Health for $15,000. The total received was $20,000 with $5,000 being used for salary and fringe for a new education specialist that will start this week. The funds were allocated in the General Assembly for any health department interested in helping to lower infant mortality rates, improve birth outcomes and the overall health status of children. One of the main concerns was the disparity in the infant death rate per 1,000 births. In 2014, the rate of white infant deaths were 3.2 and African American infant deaths were 27.2. The Health Department is convening a coalition to train with the State in planning some innovative strategies This item was placed on the consent agenda. BA#22 To allocate evidence Based Strategics for Maternal and Child Health state grant 1/5/2016 revenues and expenditures Account# Current Budget Chane Amended Budget 10493503 440007 53541 Evidenced based strategies - (15,000) (15,000) 10935031 536000 53541 Training & Development - 3,000 3,000 10935031 548000 53541 Community Awareness 12,000 12,000 Request from the Health Department for Approval of a Fee Increase for CPT Code 86803PC, Hepatitis C Antibody: Health Director Jane Murray said this request is for a fee increase for the Hepatitis C Antibody testing. The outside reference lab increase their charges considerably. Therefore, the request is to increase the fee from $5 to $27 to cover the department's costs. This item was placed on the consent agenda. Request from the Finance Department for Surplus Declaration and Authorization for Disposal of Vehicles and Equipment: Purchase and Contracts Manager Dean Lail said there are several vehicles from the general fleet, plus several items of miscellaneous equipment from Solid Waste, that is no longer needed by the County. The request is to give authorization to sell these items at GovDeals, public auction or other options allowed by the State. The receipts from these sales will be returned to the funds from which they were purchased. January 5, 2016 2 Commissioner Robertson expressed his appreciation of staff to excellent maintenance in order to maximize the lifespan and value of these vehicles. This item was placed on the consent agenda. RESOLUTION AUTHORIZING THE DISPOSITION OF CERTAIN SURPLUS VEHICLES AND PERSONAL PROPERTY WHEREAS, the County of Iredell has possession of an inventory of vehicles and personal property that is surplus to its needs and desires to dispose of same, NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Iredell County that the County Purchasing & Contracts Manager, pursuant to the provisions of N.C.G.S. 160A-266, is hereby authorized to dispose of said vehicles by on-line auction or other statutorily acceptable method and that the Purchasing & Contracts Manager is further authorized to schedule, conduct and execute all actions required to convey title to this property. Request for approval of the December 15, 2015 minutes: There were no changes or corrections. This item was placed on the consent agenda. Chairman Mallory moved the Board into Closed Session at 6:05 PM. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES January 5,2016 The Iredell County Board of Commissioners met in regular session on Tuesday, January 5, 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 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, Public Safety Director David Saleeby, and Clerk to the Board Retha Gaither. January 5, 2016 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: County Manager Ron Smith made the following adjustments: Add: Closed Session Economic Development G.S. 143-318.11 (a) (4) MOTION by Vice Chairman Marvin Norman to approve the agenda as adjusted. VOTING: Ayes — 5; Nays — 0 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS (None) APPOINTMENTS BEFORE THE BOARD Presentation of the 2016-17 Community Services Block Grant Anti -Poverty Plan by Bryan Duncan, Executive Director of ICARE, Inc.: 1 -CARE Director Bryan Duncan expressed his thanks to the Board and explained that the Community Services Block Grant Anti - Poverty Plan for Iredell County is required to be reported annually. I -CARE is given these funds to provide services to low income families in an effort to help them rise above the poverty line. The total funding allocation for 2016 is $319,303 of which $257,175 will be for Iredell County. Last year 27 families were moved above the poverty level. Thirty participants gained employment, four were employed but gained better employment and one gained employment with benefits. The average wage rate was $9.71. Twenty five completed education and training programs. Five secured standard housing and 36 were provided emergency assistance to support their goals while in the program. Projections for next year are to serve 62 families. Commissioner Robertson expressed concerns over the printed results of I-CARE's public forum. One item in particular, "Local officials impede growth of the community (economic growth)" was especially troublesome. Robertson said there are six employed people whose only purpose is to seek good paying industries for Iredell County. Not only is money spent for staff but the Board offers incentives to lure industry to this community. There is no foundation for the statement that local officials impede growth. If people are using this as a reason they are in poverty, then there is some lack of awareness of what is going on in government. Also, the document mentions, many times, of the lack of access to transportation and educational opportunities. High school has free transportation and currently the local school systems offer high school students an opportunity to earn college credit while still in high school. With the amount of money spent on education, the ability to access education is phenomenal. Maybe the problem is more of a lack of desire to be educated. In high school, students can learn a trade and/or advance on to the community college which is very affordable. There really isn't an excuse for someone to say that they didn't have an opportunity for education. When a person realizes, later in life, that they squandered the opportunity to get an education, it is not fair to blame elected officials. Another paragraph stated, "This further indicates the direct link between poverty and education and the January 5, 2016 4 need for low-income people to have viable access to education and skill building." They do, but one of the challenges is how to get that message across to students in middle and high school. The focus on how to rid poverty should be to reach the young to learn the tools to get goodjobs. Getting an education later in life is not impossible, but it is more difficult and a lot more expensive. Iredell County and schools do have options. Duncan said he agrees and does not dispute those points. This particular program serves 18 — 65 years of age, but there are other programs that work with youth. The forum was open to the public and attendance is encouraged. The next forum will be in November of 2017. Commissioner Robertson asked if the clients genuinely understand that they have to do the hard work to obtain the job skills and until that happens nothing will improve. Duncan said it is "hit and miss." High school drop outs, by the age of 18-19, finally realize they have to do something to care for themselves. Chairman Mallory reaffirmed Robertson's comments and thanked Mr. Duncan for his work. The touching of one life will affect many generations. However, much is based on lifestyle choices as shown in the jail population. The majority of inmates are due to drug addiction, etc. Government is not built to raise children, families do that and communities reinforce. PUBLIC HEARINGS Public Hearing to Consider a Request from the Planning Division for Text Amendments to the Land Development Code: Planning Director Matthew Todd stated this public hearing is to consider two different text amendments in Chapter 2 and Chapter 5 of the Land Development Code. This is a joint effort between the Planning Board and staff. The first deals with landscaping and screening. Over the years they have had experiences working with developers on what works and what was lacking in the policy. A list of exceptions have been added to the chapter as well. Individual zoning districts were grouped into different zonings, buffering and screening categories. One of the tables is now a little more user friendly. The other amendment concerns the table of permitted uses which is a list of all sorts of uses permitted in the county and which zoning district they align with. It is very detailed and every time a new request surfaces it is added. For instance solar farms were recently added due to increased interest of the citizens. Repetition of text was eliminated as much as possible. Commissioner Robertson asked if there had been any opposition. Todd said no. Chairman Mallory opened the public hearing. No one from the audience wished to speak. Chairman Mallory declared the public hearing open until the next meeting on January 19, 2016. This is to allow ample time for any concerned citizen to review the changes. A vote will be taken at the next meeting. ADMINISTRATIVE MATTERS County Manager Ron Smith summarized the consent agenda as follows: January 5, 2016 • Request from the Health Department for approval of the Oral Health Section and budget amendment #21 for $1,075. • Request from the Health Department for approval of the Evidence -Based Strategies for Maternal and Child Health and budget amendment #22 for $15,000. • Request from the Health Department for approval of a fee increase for CPT Code 86803 PC, Hepatitis C Antibody. • Request from the Finance Department for a surplus declaration and authorization for disposal of vehicles and equipment. • Request for the approval of the December 15, 2015 minutes. MOTION by Commissioner Ken Robertson to approve the consent agenda. VOTING: Ayes — 5; Nays — 0 ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS Charlotte Douglas International Airport Commission (I Announcement) — Jim Lawton's term expired December 31, 2015 and he had volunteered to serve again. Mr. Lawton's reappointment had been recommended by the Committee Chairman Richard Vinroot. It was requested for the Board to suspend the rules to announce and appoint simultaneously. MOTION by Vice Chairman Marvin Norman to suspend the rules of procedure for this appointment. VOTING: Ayes — 5; Nays — 0 OTIO by Commissioner Steve Johnson to appoint Jim Lawton to the Charlotte Douglas International Airport Commission. VOTING: Ayes — 5; Nays — 0 Board of Health (1 Announcement) — Dr. James Hunter has resigned due to moving out of the state. APPOINTMENTS TO BOARD AND COMMISSIONS Advisory Committee for Home and Community Care Block Grant (I Appointment) OTIO by Commissioner Ken Robertson to reappoint Sue Walser. VOTING: Ayes — 5; Nays — 0 UNFINISHED BUSINESS Commissioner Robertson said the CRTPO vote will be on January 20. Information previously mentioned that there would be a loss of $145 million to stop the project, but about $77 million was toll -road related which means the region wouldn't lose a full $145 million. The toll - road contract has already been signed by NCDOT, but the penalty to break that contract originally was estimated at $100 million. That number was disputed. Representative John Fraley said the NC State Auditor ordered a third party to perform an analysis of the penalty if the contract was broken. That analysis resulted in a figure ranging from $82 million to $300 million with many variables. January 5, 2016 He asked the Board to make a recommendation at the next meeting on January 19 and he will vote the wishes of the Board at the CRTPO meeting on January 20. Commissioner Johnson asked how binding, legally or administratively, is any vote held by the CRTPO. Does that vote have merit or is it a mere recommendation? Commissioner Robertson said the CRTPO did not sign the contract. The governor asked the CRTPO to give a positive or negative vote for input to direct the NCDOT to break or not break the contract. The CRTPO can't vote and break the contract at this point. Commissioner Johnson clarified that any action by the CRTPO does not bind anyone and it is merely a recommendation. Commissioner Robertson said there was a question of whether the penalty could be assessed to the members of the CRTPO and if Iredell County would have to write a check for a portion. As it is understood, at the moment, it would come from the County's transportation funds but not from the County's General Fund. Commissioner Bowles expressed his concerns of what it will cost North Carolina tax payers in the long run. A bad deal is a bad deal. Chairman Mallory said the analysis of the State auditor looks at the worst case scenario relative to the cancellation. Something that many people are not aware of is that there were bonds backed by the State of North Carolina which have been sold to subscribers who are now third parties. They would be entitled to a recoupment of the interest they would have earned. In fairness there is litigation pending in court that challenges whether or not the NCDOT exceeded its legal authority in some of the terms of the contract. In terms of the vote by the CRTPO, the City of Charlotte controls 31 out of 68 votes. Therefore, Iredell County's vote will not have much of an impact. There are opportunity costs to move forward with the 50 -year locked in contract which limits the ability to develop a road net that infringes in any way on the toll road usage. The cost, of 95% of the people that can't afford to use the toll road, is highly speculative, but at the end of the 50 -years the $382 million will seem insignificant in comparison. This Board has gone on record requesting the Governor and DOT to hold off and allow more time to study the unknown. However, within the week of passing that resolution, the contract was signed. Since then work has begun. Commissioner Robertson said the State never misrepresented. They always said it was going to be a managed lane; it wasn't going to be eight lanes where you just drive through and toss two quarters a basket. Even though no one wants to pay to drive on a road, there was some degree of acceptance in order for I-77 to be widened. What has really burned everyone is that the toll will only be one lane and in order to keep people using that lane, the traffic has to be really bad in the remaining lanes. Also that the contract was for 50 years. Commissioner Johnson expressed his concern that this commitment to tolls seems to transcend partisan politics. In February of 2011, he and Frank Mitchell, met with representatives of NCDOT, nearly two years before Pat McCrory went into office. During that meeting it was told that the toll road project was a done deal; there was no way to stop it; that the leadership of the state was committed. However, the hope was to free up revenues for other projects within the transportation district, such as interchanges and improvements in major arteries feeding into the I - January 5, 2016 77 corridor. DOT asked, "What would it take for Iredell County to not be against the toll?" (Well before the tolls were a certainty.) He suggested to the DOT that perhaps Iredell County would not make it so difficult for them politically if they could commit to putting an interchange at Cornelius Road and Jane Sowers Road since the toll would free money for other projects. He left that meeting with a pretty substantial commitment that those two projects would be accelerated. Subsequently it was put in the next TIP (Transportation Improvement Plan) for 2019. Then there were changes in administration and a reform in DOT. The scoring methodology for projects changed which means those two projects were out of the plan. However, with the work of some of our legislators those projects may be put back on the list. In 2011 it was told that the toll road commitment had been made and all of this discussion now may be superfluous. Commissioner Bowles clarified that if the Charlotte area and two other jurisdictions vote, then it is irrelevant what Iredell County does. Commissioner Robertson said many of those are in Union County or border I-85. Commissioner Johnson made a commitment that he would not give the DOT a hard time if Iredell County received the two interchanges. They reneged on that. However, he said he never committed to not questioning the scoring methodology for transportation projects. During another past meeting with the DOT, he listened to a presentation of how other projects were going to be scored. DOT stated that was the first time that aviation or service transportation products would be lumped together. It was the first time that road money and recreational money was put in and scored by the same method. It is the first time it has ever been tried. Johnson asked how to fairly judge between a bike path and a highway as it relates to an economic impact to a community. There's no comparison. In an attempt to reform something, it is as messed up as it was before. Don't make a bike path compete with a highway or a runway. Aviation dollars are different from highway dollars and needs to be judged accordingly. PUBLIC COMMENT PERIOD (None) COUNTY MANAGER'S REPORT County Manager Ron Smith stated, as an update on the jail contract, he has been in several conversations with the architects and there would be more information at the next meeting. Smith said the Winter Retreat is scheduled for February 12-13, 2016 at the Lake Norman State Park Visitor's Center, Troutman, NC. NEW BUSINESS (None) CLOSED SESSIONS Chairman Mallory recessed the meeting into Closed Session at 7:57 PM. The Board returned to open session at 8:10 PM. As a result of the Closed Session the following motion was made. January 5, 2016 OTION by Commissioner Ken Robertson to call for a public hearing on January 19 to consider an economic incentive of $58,703 for Project Grouper for an investment of $3.2 million in Iredell County. VOTING: Ayes — 5; Nays — 0 ADJOURNMENT OTION by Commissioner Steve Johnson to adjourn at 8:15 PM. (The next meeting will be Tuesday, January 19, 2016, 7:00 PM, in the Commissioners' Meeting Room, Pre -Agenda Discussion at 5:30 PM 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 January 5, 2016