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HomeMy WebLinkAbout5-15-2016 MinutesIREDELL COUNTY BOARD OF COMMISSIONERS PRE -AGENDA MINUTES March 15, 2016 The Iredell County Board of Commissioners met in pre -agenda session on Tuesday, March 15, 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 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: Add: Announce/Appointment to Boards & Committees — The Town of Troutman has an opening on the Planning Board. The Town made a recommendation and, due to an upcoming meeting, asked that the Board of Commissioners to suspend the rules and make the appointment. Add: Administrative Matters — Approval and signature on the services and facility agreement with Cool Springs Fire Department. An approval was made at the Winter Retreat but the actual agreement is a multi-year agreement that requires a vote from the Board. Add: Closed Session — Attorney -Client G.S. 143-318.11 (a) (3) and Personnel G.S. 143- 318.11 (a) (6) Clarification: Administrative Matters — Item C, Request from Solid Waste is to call for a Public Hearing. Not Approval and Adoption as stated in the agenda. APPOINTMENTS BEFORE THE BOARD Update and Recommendation by Mark Browder with Mark III Employee Benefits: Mark Browder addressed the Board and outlined his presentation with the following discussion points: Plan history & health care reform cost; self -funding; plan performance; 2016-2017 renewal cost; stop loss history & pooling options; and recommendations. The Iredell County Medical Plan has had a superior claim trend which has been accomplished through a combination of plan changes, wellness/clinic initiatives, pharmacy contract improvements & management, plan and eligibility management. Iredell County has a self-funded health plan which means the lowest fixed cost, avoiding the 2% state premium tax, avoiding 3% federal health insurer tax, and greater flexibility. Browder explained the recommendations for the coming fiscal year: change the Specific Stop Loss pooling level to $150,000.00, eliminate the Aggregate Stop -loss insurance; March 15, 2016 change funding by an 8% increase with the County continuing to pay 90.6% of the cost and the employee paying 9.4% of the cost. County Manager Ron Smith said the average nationally is an 80/20 split which means employees pay 20% of the premium cost. Commissioner Robertson asked if employees were going to pay 20%. Smith said no, not all at once, but gradually. When the County's costs rise so does the employee's costs. Commissioners Robertson stated that when employees are doing things that are reducing costs then it should be recognized and not penalized. Commissioner Johnson said insurance companies are beginning to feel the stress of the Health Care Reform Act. These companies are showing loses and those loses will be passed on. The four major insurance companies, on an annualized basis, are losing about $2 billion a year. Johnson feels they may bail out and insurance will go to a universal payer plan or either the companies will be subsidized to a degree or it will be placed on the back of those already insured. Chairman Mallory thanked Browder for the presentation. No action was needed as this will be built into the budget. ADMINISTRATIVE MATTERS Request from the Finance Department for Approval of the Martin Starnes & Associates Audit Contract: Finance Director Susan Robertson said Martin Starnes & Associates is a CPA firm out of Hickory and one of the few local firms that are qualified to perform governmental audits. They remain very highly regarded by the peers and they alternate teams that do the actual audit every year. This contract has a $1,250 increase over the prior year. Chairman Mallory stated the increase is nominal and feels it is due to the excellent records kept and assistance given by staff. Robertson said this year there were no audit findings at the Health Department and DSS which is a great accomplishment by those departments. This item was placed on the consent agenda. Request from the Finance Department for Approval and Signature on the Services and Facility Agreement with Cool Springs Volunteer Fire Department: Finance Director Susan Robertson stated this agreement puts into writing what was discussed at the Winter Retreat. Cool Springs Volunteer Fire Department will actually build the fire department. They will borrow the money and the County will make an upfront payment of $265,000 from the County -Wide Fire Tax District Reserve for Debt Service. Cool Springs will contribute another $104,000 to the project and will finance the balance. The County will contribute from its general fund and will make a special appropriation each year, through the life of the contract, not to exceed $58,000 per year for the cost associated with housing EMS, Sheriff's Office, and a rescue bay when needed. The County -wide Fire Tax District will contribute each year to Cool Springs the amount of money it takes to advertise this loan that they have secured through a local bank at 2.79% interest. At the end of the term, the County will own the building. March 15, 2016 Attorney Lisa Valdez added that the agreement lays out the funding requirements and space requirements they will provide based on the floor plan discussed at the Winter Retreat. A document will be recorded at the Register of Deeds that will confirm the property will revert back to the County. Commissioner Bowles asked what would happen if the loan is defaulted. Valdez said if the loan is defaulted, the fire services would probably not be provided in which case the property would revert to the County as well. Chairman Mallory thanked the staff for working on and negotiating this agreement. This item was placed on the consent agenda. Request from the Fire Marshal's Office for Approval to Submit Changes to NC Department of Insurance Concerning Fire District Lines for Sheffield-Calahaln Fire Department: Fire Marshal David Souther said the Board of Commissioners approved the expansion of fire districts from five to six miles in 2007. During that expansion some district lines relocated some property owners out of the Sheffield Calahaln Fire District into Lone Hickory's district. Those property owners' insurance rating went from a five to a nine and an increase of over $400 in premiums. The recommendation is to change Sheffield Calahaln to a five mile district which will aid some of the homeowners with a reduced rate. The areas affected are on Reavis Road, Sandy Springs Road, Doby Road, and Hardwood Lane. Commissioner Bowles asked about the changes in revenue from Lone Hickory to Sheffield Calahaln. Public Safety Director David Saleeby said there wouldn't be any changes in revenue because they are paid by a formula and do not have their own tax district. It is a county -wide fire tax. Sheffield has worked hard to reduce their insurance rating but they rely on Lone Hickory and Harmony for water. The issue is record keeping, training, and following ISO standards which they have done very well. Chairman Mallory asked if any other districts were impacted negatively by the change from five to six miles. Saleeby said Shepherds straightened some lines which was approved by the Board. Mt. Mourne is also currently working on straightening some lines as well. This item was placed on the consent agenda. Request from the Finance Department to Authorize the Transfer of Surplus Stretchers to Mitchell Community College, Iredell-Statesville Career Academy, and North Iredell Rescue: Contracts and Purchasing Manager Dean Lail said EMS has replaced several stretchers with newer and improved models to help prevent staff injuries and better assist the public. However, the former stretchers still have useable service life and they would like to move them out into training programs within the community. They could be sold for a few hundred dollars but feel it would better serve to the citizens to be used by other local agencies. Three entities have requested some of the stretchers — Mitchell Community College asked for two, Iredell- Statesville Career Academy and Tech School has asked for one and North Iredell Rescue has asked for two. It is desired to transfer the stretchers under the purchase statue where the County sets the March 15, 2016 3 terms and conditions. There would be a zero dollar transfer and their consideration would actually be their promise to keep the stretchers for public use in Iredell County. Commissioner Johnson asked if there were more spare stretchers. Lail said there are some additional stretchers but does not know how many. This item was placed on the consent agenda. Request from Tax Administration to Approve Refunds and Releases: All refunds and releases were in order. This item was placed on the consent agenda. Request for approval of the March 1, 2016 minutes: There were no changes or corrections. This item was placed on the consent agenda. Request from Solid Waste to Call for a Public Hearing for Consideration of Revisions to the Solid Waste Ordinance: Solid Waste Director David Lambert said the majority of the ordinance was written in 1979, 1989, and 1991. There have been many changes since and the State has made many changes concerning recyclables. The original ordinance was written in three separate chapters but these have now been combined which clarifies many issues. Some of the most significant changes concern medical waste which has been relaxed slightly. Another issue concerned abandoned houses where an effort is made in seeking the responsible party which sometimes is very difficult. The process to enforce is defined more clearly as whether it would be a civil matter or misdemeanor. Chairman Mallory asked the number of enforcement employees. Lambert said there is only one officer and he is averaging about 37 cases a month. Commissioner Bowles asked about tires used on farm silos. Lambert said that is addressed in state statute and is allowed for that use. Lambert said another item in the ordinance that was strengthen, addresses materials from a burnt or demolished structure. Lambert pointed out that these rules were not intended to interfere with L. Gordon's or Jeff Benfield's plant in Mooresville. This will be going forwarded with the permit process for any potential type of solid waste management facility. Commissioner Robertson asked for clarifications of a few items. He also asked to define the threshold when an issue would go from a civil to a criminal violation. Attorney Lisa Valdez said it is not so much that it goes from one to the other, but it is the determination of the enforcement officer and/or the department. It could be criminal or civil or both. It would depend upon the parties involved and the urgency of a resolution. Commissioner Johnson asked about one particular situation of an abandoned home. The owner is deceased and the property was left to a relative. However, other people have been using March 15, 2016 the basement to dispose of all kinds of trash which has turned into a severe malodorous issue. He asked if the County can contract for clean-up and then place a lien on the property. Lambert said there's nothing specific in the ordinance that states the County can but there's also nothing that says the County can't. However, it does state that waste must be removed from a premises or store properly. It was not intended to be an action of a "garbage police" but if there's abuse in the management of waste it gives authority to address the issue. The responsible party is required to clean up the mess. Ben Stikeleather interjected that Section 12-7 Subsection B states that if there is an issue of abuse it can be turned over to the Health Director who can take proper steps to resolve the issue. This was placed on the consent agenda. The Board recessed at 6:40 PM until the regular session at 7:00 PM. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES March 15, 2016 The Iredell County Board of Commissioners met in regular session on Tuesday, March 15, 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, 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 led by James Mallory. ADJUSTMENTS TO THE AGENDA: County Manager Ron Smith made the following adjustments: Add: Announce/Appointment to Boards & Committees — The Town of Troutman has an opening on the Planning Board. The Town made a recommendation and asked, due to an upcoming meeting, that the Board of Commissioners suspend the rules and make the appointment. March 15, 2016 Add: Administrative Matters — Approval and signature on the services and facility agreement with Cool Springs Fire Department. An approval was made at the Winter Retreat but the actual agreement is a multi-year agreement that requires a vote from the Board. Add: Closed Session — Attorney -Client G.S. 143-318.11 (a) (3) and Personnel G.S. 143- 318.11 (a) (6) OTIO by Commissioner Steve Johnson to accept the agenda as adjusted. VOTING: Ayes — 5; Nays — 0 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS (None) APPOINTMENTS BEFORE THE BOARD Chairman Mallory stated there was an appointment before the Board at the pre -agenda session. This was an update and review by Mark Browder of Mark III Employee Benefits. PUBLIC HEARINGS (None) ADMINISTRATIVE MATTERS County Manager Ron Smith summarized the consent agenda as follows: • Request from the Finance Department for approval of the Martin Starnes & Associates Audit Contract. • Request from the Fire Marshal's Office for approval to submit changes to NC Department of Insurance concerning fire district lines for Sheffield-Calahaln Fire Department. • Request from Solid Waste to set a public hearing on April 5 to consider revisions to the Solid Waste Ordinance. • Request from Finance to authorize the transfer of surplus stretchers to Mitchell Community College, Iredell-Statesville Career Academy, and North Iredell Rescue. • Request from Tax Administration to approve refunds and releases. • Request for approval of the March 1, 2016, minutes. • Request for approval of the Services and Facility Agreement with Cool Springs Fire Department. MOTION by Vice Chairman Marvin Norman to approved the consent agenda. VOTING: Ayes — 5; Nays — 0 ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS Troutman Planning Board ETJ (1 Announcement) — County Manager Ron Smith said there is a vacancy on this board and Steven Ray Rimmer has been recommended. The Town of Troutman has asked the Board of Commissioners to suspend their rules to announce and appoint simultaneously. OTIO by Commissioner Tommy Bowles to suspend the rules to be able to grant this request. March 15, 2016 VOTING: Ayes — 5; Nays — 0 MOTION by Commissioner Steve Johnson to nominate Mr. Steve Rimmer and asked that nominations be closed and appoint Mr. Rimmer by acclamation. VOTING: Ayes — 5; Nays — 0 APPOINTMENTS TO BOARD AND COMMISSIONS Board of Equalization and Review (7 Appointments) — Recommendations by Tax Administrator Bill Furches are: Ken Pritchard as Chairman (61' term), Hal Jolly as Vice Chairman (6r" term), Don Daniels (5rh term), Carl Lombardo (3`d term), Mike Loftis (2°d term), John Walsh as Alternate (1" term) and Thomas Connelly as Alternate (1" term). OTION by Vice Chairman Marvin Norman to appoint all seven. Commissioner Robertson expressed appreciation to these volunteers as they fill really valuable roles and what they do is important. Chairman Mallory reiterated and thanked the members that have rotated off. VOTING: Ayes — 5; Nays — 0 Historic Properties Commission (2 Appointments) — Keith Holland and Robert Woody have volunteered to serve again. OTION by Commissioner Ken Robertson to reappoint Keith Holland and Robert Woody. VOTING: Ayes — 5; Nays — 0 UNFINISHED BUSINESS Report on Solid Waste Fee Waivers: Assistant to the County Manager Ben Stikeleather stated that staff had investigated solid waste fees because the YMCA of Statesville had requested a fee waiver. After research of the history of tipping fee waivers it was recommended to limit waivers to county departments and non-profit agencies. The Solid Waste Enterprise Fund can't give a tipping fee waiver because of some court rulings. The General Fund would have to reimburse. Also, to limit the risk to the General Fund it was recommended to place a $10,000 cap on any tipping fees waived in the future. Chairman Mallory clarified that the recommendation would cover non -profits which would include the YMCA. Stikeleather said yes but it is the Board's discretion. Chairman Mallory asked about the economic impact to the stability of the revenues for the Solid Waste. Stikeleather said it would not impact revenues. According to the School of Government the Solid Waste fund must be made whole from the General Fund. Capping it at $10,000 would protect against the unforeseen. For example, if fees were waived for a demolition and it became March 15, 2016 very costly to dispose of certain items it would protect the County. Most of tipping fees that have been waived in the past were under $10,000. Commissioner Robertson asked if there were any reimbursements that were outstanding and if so, it should come from the Commissioners' Contingency Fund. Stikeleather said he wasn't sure but he would investigate. Commissioner Bowles said he did not have issues with helping the YMCA but did not want to put a burden on Solid Waste. Commissioner Johnson stated his concerns that some agencies have had a degree of reticence to make a request because there's little history of granting those requests. If a policy is established and agencies become aware that fees can be waived then the requests will increase. Commissioner Robertson felt a policy could be used by staff to caution an agency against going before the Board with a request. Stikeleather said the waiver would still be at the discretion of the Board but this would narrow the potential clients. Commissioner Johnson feels there is potential for abuse. Vice Chairman Marvin Norman feels there should be one rule, one policy, for everyone. Commissioner Bowles said essentially there is one rule now ...pay at the scale house. Vice Chairman Norman said that is the rule to follow. Commissioner Robertson agreed to adopt that rule but a policy may allow staff to filter requests. OTION by Vice Chairman Norman for a policy that tipping fees are not waived regardless of entity. Smith asked David Lambert to speak addressing some exceptions. Lambert said the policy in the past has been to waive tipping fees for non -profits that receive household goods but are not able to sell them. The premise being that those items would have already been covered under the Household Availability Fee. Other items, such as building materials, are charged. There are also fee waivers for road side and stream side clean-ups, but those are in the statues. Sometimes soil tipping fees are waived because soil has a value to the department by stripping less landfill soil. Commissioner Robertson feels staff should define the general categories and if the request meets the criteria then it may be considered, otherwise fees are charged. Commissioner Johnson stated the criteria would include that it would have been covered under normal household waste. He stated this is not a criticism of anyone on the Board but it is highly probable if this Board establishes a precedence of waiving tipping fees and reimbursement from the contingency fund, there may be someone on a future board who will seek to ingratiate March 15, 2016 8 himself to a constituent because he has a slush fund to draw from with no budgetary consequence. It would create a moral hazard. Commissioner Johnson agrees with Vice Chairman Norman's motion and with Commissioner Robertson's amendment for the household waste. Chairman Mallory said it wouldn't cover soil. He asked if would be beneficial for staff to create these guidelines. Commissioner Robertson feels that a motion may not be necessary in that the Board is just giving staff guidance. Basically the intent of the Board is not to waive tipping fees as an act of generosity. Chairman Mallory stated that the Director had been making judgement calls all along. Lambert said that wasn't exactly the way it happened. He had been operating from a memo from former County Manager Joel Mashburn pertaining to non -profits. Lambert said if he is approached by an agency for a waiver he directs them to the County Manager to appear before the Board of Commissioners. Chairman Mallory clarified that the Board is comfortable with a policy that gives enough leeway for the director to make common sense decisions with questionable decisions being sent to the County Manager. Commissioner Bowles asked if the landfill still accepts "fluff' from auto recyclers to put on the road during inclement weather. Lambert said no, it is now being sent for recycling. Commissioner Bowles stated the policy needs to be loose enough to accept items that may be used on the landfill's road. Lambert said there is a reduced fee on brick, rock, etc. Chairman Mallory stated that if it is working now the Board does not want to stress anyone. The Board wanted to have a sense of clarity and understanding among the board members as to the responses to non -profits for waiver requests. He feels the motion should be that the Board does not waive fees except within the discretion that is being exercised currently within the law, the Board does not intend to impinge. MOTION WITHDRAWN by Vice Chairman Marvin Norman and asked staff to return with something including the items just discussed. Smith asked if the exiting policy, without changes, is satisfactory. Lambert said the existing policy is working and he will continue to enforce it. Smith said if the Board is not making changes and is satisfied with the status quo then staff really doesn't need to return with anything. March 15, 2016 Commissioner Bowles clarified that the policy would remain at discretion of the Solid Waste Director. Fees could be waived if the product would be beneficial to the landfill but for everything else there would be a charge. Smith said the requests will probably continue but he will try to discourage potential appointments before the Board. Chairman Mallory asked to clarify if it is the pleasure of the Board to leave things as they are now. The Board members all agreed. Chairman Mallory said there would be no further action on this matter. PUBLIC COMMENT PERIOD (None) NEW BUSINESS Mooresville High School Capital Project Fund Transfer Report: Finance Director Susan Robertson said a project ordinance was adopted in December of 2015 for the Mooresville High School. It includes a section that requires the Mooresville Board of Education report to the Board of Commissioners if they take formal action to move any money between line items. On March 8, the school board took action to move $200,000 from Furniture & Technology to Testing, Permits, and Other. Terry Haas, Finance Director of MGSD, reported that permits were higher than expected and the ECS project will be monitoring the project as well as other testing permits as needed to finalize the project. This does not increase the total project, just the use of the funds. No action is needed by the Board of Commissioners COUNTY MANAGER'S REPORT (None) CLOSED SESSIONS MOTION by Commissioner Steve Johnson to enter into Closed Session for Attorney - Client G.S. 143-318.11 (a) (3) and Personnel G.S. 143-318-11 (a) (6). VOTING: Ayes — 5; Nays — 0 The Board returned to Open Session at 8:50 PM. MOTION by Commissioner Ken Robertson to call for a public hearing on April 5, 2016, at 7:00 PM regarding an economic development incentive of $63,000 over a five-year period, for Project Mag based on a $3 million investment in Iredell County. VOTING: Ayes — 5; Nays — 0 March 15, 2016 10 ADJOURNMENT OTIO by Commissioner Ken Robertson to adjourn at 8:55 PM. (The next meeting will be Tuesday, April 5, 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 March 15, 2016 11