HomeMy WebLinkAboutOctober_3_2017_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
PRE -AGENDA MINUTES
October 3, 2017
The Iredell County Board of Commissioners met in pre -agenda session on Tuesday,
October 3, 2017 at 5:00 PM, in the Iredell County Government Center (South Wing Conference
Room), 200 South Center Street, Statesville, NC.
Board Members Present
Chairman James B. Mallory III
Vice Chairman Tommy Bowles
Gene Houpe
Jeff McNeely
Marvin Norman
Staff present: County Manager Ron Smith, County Attorney Lisa Valdez, Deputy County
Manager Beth Jones, Assistant County Manager Susan Robertson, Finance Director Debra Alford,
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
adjustment:
Add: Closed Session — Attorney Client G.S. 143-318.11 (a) (3)
ADMINISTRATIVE MATTERS
Request from the Department of Planning & Development to consider calling for a
public hearing on October 17, 2017 in regard to a request by the Town of Mooresville to
release zoning and subdivision jurisdiction of five parcels to the Town of Mooresville:
Planning Director Matthew Todd said this is a request from the Town of Mooresville. It is a total
of 21.89 acres. There are five parcels, however, it will create a donut hole. It will leave one area
in middle that is not on the request and, therefore, will remain in the County's jurisdiction.
Chairman Mallory asked for the rationale for this type of request.
Todd said that by county ordinance, if a municipality requests ETJ for over five parcels
then the municipality must conduct a public input meeting. If it is less than five parcels, then no
input meeting is required. This may be the reason for excluding those two parcels in the middle.
This is a request to call for a public hearing.
This item was placed on the consent agenda.
Request from the Department of Planning & Development to consider calling for a
public hearing on October 17, 2017 in regard to a request by the South Iredell Community
Development Corporation to release zoning and subdivision jurisdiction of 16.124 acres in
the Mooresville Business Park to the Town of Mooresville: Planning Director Matthew Todd
said this is in Mooresville Business Park and the South Iredell Community Development
Corporation is the applicant. It is just over 16 acres. It is already surrounded by Mooresville
jurisdiction. This request is to call for a public hearing.
This item was placed on the consent agenda.
October 3, 2017
Request from the Project Manager for approval of the GMP2 (Guaranteed Maximum
Price) for the construction of the Public Safety Center: County Manager Ron Smith said
Special Projects Manager David Saleeby and Mike Carlisto, General Contractor with Edifice, were
present to present the numbers. Also, Finance Director Deb Alford will clarify the `all in' cost and
the project ordinance.
Saleeby stated this is the GMP2 for the facility only. The GMPI was site work at
$2,227,791 which is well under way. A building pad should be ready by October 17. The request
is to approve the GMP2 with Edifice Construction, Inc. to build the new public safety building.
There was a subcontractor bid opening on August 21 and there was local participation. Edifice
Construction teamed with ADW Architects which is the design -build piece. The GMP2 is
$11,682,814 which includes 2 alternate bids for the expansion of ECOM for additional consoles
and brick veneer on the entire building. The actual GMP is less than the estimated cost that was
previously presented as a result of valued engineering, savings were discovered. ECOM
technology will not come into the building until it is finished. The building must be complete and
clean. The estimated time frame is for a ribbon cutting in December 2018 and then another 6
months to move ECOM.
Commissioner Houpe asked about the `general conditions' figure and what it included.
Carlisto said it is the company's cost to run the project, people stationed at the project,
superintendent, project control manager, project manager, etc. The cost is based on time and man
power.
Vice Chairman Bowles asked about construction administration.
Carlisto said it is the design team's monitoring and inspections of the project.
Smith said the design team is ADW.
Saleeby said everything that is listed here is the same as the jail, but the jail was one lump
SUM.
Vice Chairman Bowles asked to clarify the cost is $11,682,000 plus site work, phis special
inspections and plus fiber.
Saleeby said the fiber number is coming from CIP (Capital Improvements Projects) and it
is only an installation cost. The fiber will be leased which will come from the annual operational
budget.
Alford explained the itemized costs of the Public Safety Complex. The construction costs
are $14,677,158 which is the GMP, the total contract to Edifice. Already purchased land cost is
$325,070. Already paid professional services are $338,500. The next three items are the costs of
issuing money because only the net proceeds are listed in the project. The cost of issuing debt
comes from the respective project. The technology cost is $1.5 million and owner contingency is
$425,000. The total cost of the project is $17,329,678. The project ordinance for the Public Safety
Complex has been amended and it provides $11 million for financing proceeds less the $63,150
and any issuance costs. If this is approved this will bring the total project budget to $20 million.
The reason is, previous actions of this Board moved $3,473,825 to the jail project fund. Originally
just over $7 million was moved into the Public Safety Fund and then later took action to move
$3.5 million to the jail. Accounting rules require the showing of the receipt coming in of $7 million
and $3.5 million as an expenditure going out. If adopted, this would net a transfer pf $5,856,000
to the Public Safety Fund. Therefore, $5.8 million going into Public Safety from the General Fund,
October 3, 2017 2
$11 million of proceeds, some investment earnings and appropriated $500,000 from SSD (EMS
Specialty Services Division). EMS SSD is helping to pay for this project. Also, appropriated is
three years' worth of their payments, which will carry through the construction. Afterwards, SSD
payments, coming in over the next 20 years, will help pay down the debt of $11 million that is
being issued. SSD has already made three $125,000 payments. SSD's total contribution will be
$3.2 million.
Chairman Mallory asked for this to be presented at the 7:00 regular meeting for the public
and thanked everyone that is involved in this task for a well-run assignment.
Smith expressed appreciation to Representative John Fraley. There was an issue with the
application to the LGC and Mr. Fraley immediately assisted in order to keep this project on the
scheduled timeline.
Vice Chairman Bowles said that no one will benefit from this project any more than the
people of Iredell County. This has been a long awaited but desperately needed project.
Request from the Sheriff's Office for approval of two retired Canine units be declared
surplus with authorization for the animals to be sold to their respective handlers for $1.00:
Purchasing and Contracts Manager Dean Lail said these two canine units have been retired from
the Sheriffs Department. The request is for the Board to declare them surplus and authorization
given to sell them to their handlers. This has been done for a number of years. These canines cannot
be sold to the general public and the best place is to stay with their handlers who are familiar to
the animals. However, advertisement is required but at the end of ten days the handler may
purchase the animal for $1.00. The handler will sign a release form accepting all liability, medical,
and safety. The County will not be held liable. A resolution needs approval.
This item was placed on the consent agenda.
Resolution Authorizing the Private Sale of
Certain Surplus Personal Property
WHEREAS, the County of Iredell has possession of the following items of personal property which 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, Dean A. Lail, pursuant to the provisions of NC G.S. 160A-267, is hereby
authorized to dispose of the personal property as listed for cash or good check by private sale, and the said
Purchasing & Contracts Manager is further authorized and directed to execute the necessary functions associated
with this sale.
One (1) Canine Unit (Maxx)
One (1) Canine Unit (Simba)
Request from the Finance Department for approval to declare 19 vehicles surplus and
conduct a sale by electronic auction at GovDeals.com or other statutorily approved method:
Purchasing and Contracts Manager Dean Lail said there are 19 vehicles that are no longer needed
by the Sheriff s Department and EMS. All vehicles are either well over the mileage limit or have
had excessive repairs. Two vehicles have been totaled but stili have good resale value with
GovDeals. As soon as approved, the items will be transferred to the auction site over a period of
time. A resolution needs approval.
October 3, 2017 3
This item was placed on the consent agenda.
Resolution Authorizing the Disposition of Certain Surplus Personal Property
WHEREAS, the County of Iredell has possession of an inventory of vehicles that are 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 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 from Iredell County Rescue Squad (ICRS) to apply for a 50/50 grant from
the NC Department of Insurance Rescue Fund in the amount of $49,608.15 of which the
County would be responsible for $24,804.08: Fire Services Director Kent Greene said this
request is for the Iredell County Rescue Squad to apply, through the Department of Insurance, for
the rescue grant. The total amount of the grant is $49,608.15 of which half would come from the
grant and half from the General Fund. This money will be used to purchase two mobile radios, ten
pagers, ten sets of personal protective equipment, assorted rescue harnesses, rope and accessory
packs. The application process is done on-line with very little supporting documentation other than
the budget showing what is received from the County, fundraisers, and personnel rosters. The
competition for this money is increasing daily as more and more fire departments are implementing
rescue services.
This item was placed on the consent agenda.
Request from the Public Library for approval of recommended vendor and award of
purchase agreement to acquire a Radio Frequency Identification and Self -Check System:
Library Director Steve Messick introduced Julianne Moore who is the new Assistant Director and
will manage this new project. In June, the County was awarded a grant of $100,000 from the State
Library to purchase this system which requires a 20% match from the County. A RFP was issued
in June with seven responses. A task force of eight staff members reviewed the specifications and
the top three were invited to present on-site demonstrations. The task force chose Bibiiotheca to
provide this system. Because proposals came in lower than budgeted, a couple of optional items
were added. These items are self -check kiosks for the public to check out their own books which
is the ultimate goal. This will free staff time. The total proposal is $99,068 which is well under the
$125,000. Grant funds will provide 80% at $79,254 and the County's local match will be $19,814.
The local match is already in this year's budget and is money that was saved by joining NC
Cardinal last year. Bibliotheca is the largest vendor of these installations and have 22 in North
Carolina. Ten of those libraries use NC Cardinal which will interface with the new system. It has
the easiest software for the public and staff. They also have the best support.
Moore said RFI is Radio Frequency Identification. The most labor intensive part will be to
tag all 230,000 items and link to the bar code. That will allow patrons to check out eight to ten
books at one time. The kiosks will read the codes and check out the books to the patron. This will
free time of staff members so they can better provide services and programs to the public. It is
estimated to free 110 staff hours each week once it is up and running. This will give an opportunity
to provide services that have not been available, such as outreach to assisted living facilities, curb
side check out, and open the information desk. Hopefully the system will be running by the spring
October 3, 2017 4
of 2018. After six months the Library will make an assessment and possibly be able to provide
some Sunday hours which has been requested by the public.
Commissioner Houpe asked to clarify if this is a secure check out.
Moore said the patron requires a library card which is scanned. The kiosk will identify all
of the RFI tags. Also, there will be a security gate that will alert if a tag is missed and it will show
on staff's computer.
Messick said this will improve security. Another benefit is inventory. This system has a
device which will allow staff to walk down the row of shelves and it will tell which books are
missing or even out of place. Inventory will take only a day as opposed to two weeks. The company
will provide special machines for converting but Library staff will actually tag each item. It is
estimated to tag 350 items in an hour.
Commissioner Houpe asked the estimated cost to open on Sunday.
Messick does not have the exact number. The goal is to have 70% of checkouts through
this system within the first year and then 90%. Assessment of the success of this system will be
made by the fall of 2018 which will determine the savings of staff time.
Vice Chairman Bowles asked Messick to bring that information back to the Board when it
is compiled.
Commissioner McNeely asked the estimated number of books not returned to the Library.
Messick said it is less than I%. This system will deter that even more.
This item was placed on the consent agenda.
Request from Administration to discuss an amendment to the Iredell County Code of
Ordinances and the Iredell County Personnel Ordinance to include carrying concealed as
defined in NCGS 14-269(a): Deputy County Manager Beth Jones said this is for discussion
purposes but depending on the Board's guidance if could result in a call for a public hearing. The
County has been working to improve the security of buildings. Several months ago there was active
shooter training for all buildings. Several other counties have taken some action in order to allow
concealed carry in county buildings. Currently there is no policy that says no weapons on county
facilities. Therefore, the general public could possibly enter with a concealed carry or weapon but
employees cannot because it is stated in the Personnel Ordinance. If the general public is allowed
to carry concealed and bring them on county property should the employees be denied or allowed
to do the same? In order to allow employees to carry concealed the Personnel Ordinance will have
to be amended. In order to clearly state the expectations of the general public the Code of
Ordinances will have to be amended. Both ordinances will require a public hearing for
adjustments. The Code of Ordinances would basically read, "Weapons prohibited on county
property and excludes concealed carry." The reason is to prevent other weapons such as machetes,
etc. This is not trying to encourage people to bring weapons on county property but trying to
recognize and understand there are people that are approved for a concealed carry permit. It is a
statutory allowance but there are certain provisions that must be followed. Article 54B is the
concealed carry statute. The proposed changes are closely tied to the general statutes because this
is so new and there really aren't any case studies. The insurance company was consulted and said
that if the County referred back to the General Statute it would give the greatest layer of protection.
If the County deviates and requires additional things above and beyond, it opens up to more
liability if there is an issue. Signs would be posted on county facilities that says possession of a
October 3, 2017 5
concealed handgun is allowed pursuant to NCGS and all other weapons prohibited. The statutes
are very clear as to what facilities this can and cannot apply to. It does not apply to school facilities
or educational property, public demonstrations (riots, civil disorders, etc.), buildings where state
or federal agencies reside (Government Center South, Cooperative Extension, Hall or Justice, law
enforcement facilities, and recreational facilities). The Fairground is different and there would
have to be a directive from this Board to exclude fairgrounds.
Vice Chairman Bowles clarified that parks such as Stumpy Creek are excluded.
Jones said it is not allowed in parks.
Valdez said it can be brought to the facility but must remain locked in the vehicle.
Vice Chairman Bowles asked about open carry.
Jones said it does not allow open carry, it is only concealed carry with a concealed carry
permit. Under the concealed carry training, the only time a person can pull and use their weapon
is when their life is in danger.
Commissioner McNeely asked if the County will have a place to keep copies of all
concealed carry permits in order to know if they are valid and up to date.
Jones said the Code of Ordinance is really how to address the public and how they come
in with concealed carry. How the County will deal with employees will be addressed with the
Personnel Ordinance. There are some specific provisions in those proposed changes. In the
Personnel Ordinance, Section 8, it is proposed to add a section basically saying that employees
with a valid concealed carry permit, that wish to carry concealed in the workplace, must comply
with the following provisions. Those provisions refer back to the concealed carry statute and they
must abide by all federal, state, and local laws pertaining to carrying a concealed handgun.
Legislation can change at any time whether a person can or cannot carry and it is the responsibility
of the individual to know. Also, the employee must be in good standing with no active disciplinary
actions (within the last 18 months). They must notify Human Resources of their intent to carry
concealed. A list of those employees will be maintained. Each individual must complete an annual
mandatory training provided by Iredell County. This is something not required by the Concealed
Carry statute. The committee felt it would be important to add annual training in order to carry.
This will be a privilege and the employee must be in good standing and complete the training.
Commissioner Houpe suggested the active disciplinary period should be only one year and
not 18 months. It should be limited to the same period of time as the annual evaluation.
Jones said discipline actions can be for different reasons.
Commissioner Houpe suggested that authority should be given to Administration to be able
to say that if an employee has a conduct problem then they will not be allowed to carry. It should
be a revocable privilege based on the County Manager's determination.
Jones said the period is essentially annually because they will have to take the training and
complete a form every year.
Commissioner Houpe asked if there is a provision that gives the County Manager the
authority, for a justified reason based on someone's conduct, to revoke the concealed carry
privilege.
October 3, 2017 6
Jones said the only way would be to tie it back to the disciplinary action. If it is conduct it
would require an oral or written action and at that point the employee would not be able to carry
in the workplace. Any disciplinary action, job performance, conduct, etc., that results in a written
notice revokes the privilege to carry for 18 months.
Chairman Mallory asked if the 18 months ties in with another HR process.
Jones said it ties back to the Personnel and Disciplinary Policy.
Commissioner Houpe believes revoking the privilege to carry should be tied to conduct but
not job performance.
Jones said it is revoking the privilege to concealed carry in the workplace only.
Commissioner Houpe said any type of hearing, meeting, or discussion about any
disciplinary action, the employee could not bring the weapon with them and needs to be written in
the policy. The weapon needs to be left locked up and not brought to such a meeting. If an
employee lies about having a weapon on them then it would be an immediate termination.
Commissioner Norman does not feel comfortable with any of this. The public should not
be allowed to carry a weapon into county facilities and employees should not be allowed either.
Procedures should be in place to ensure the safety of employees.
Commissioner Houpe said a sign on the front door will not stop a criminal from entering
with a weapon.
Commissioner McNeely said the rules need to be consistent. If 18 months is in the
personnel policy, then it should be consistent. If the 18 months is changed for this, it should be
changed in the remainder of the policy.
Jones said the proposed policy states that after the mandatory training, the individual would
complete an acknowledgement, or consent form, stating the annual training is complete and they
accept all liability if they act outside of the federal, state, and local laws pertaining to concealed
carry. The employee will have to keep the weapon on their person in a holster or locked in their
vehicle or locked in a personal gun case that is placed in a locked compartment in the employee's
office. This means an office with a door that can be locked, not a cubical. The employee would
also consent to periodic criminal background checks conducted by or on behalf of the County and
at the sole discretion of the County. Any employee that fails to comply with this provision is
subject to disciplinary action. This seems fairly brief because there is no precedence. However,
everything is referring back to the General Statutes.
Commissioner McNeely asked if the part about `on person or in a holster' could read
`and/or' because a holster may not be concealed.
Jones said Deputy Andy Poteat from the Sheriff's Department suggested the holster
because if a gun is just tucked in a waist band it could fall out the pant leg or if put in a jacket
pocket and the jacket is removed, it is not secured. A holster is the best way to be secure.
Commissioner Houpe suggested the wording should say `secured on the person at all times
so the jacket cannot be removed.
Commissioner McNeely said 99% of females will carry in their purse.
Jones said this proposed policy does not allow to carry in a purse. It has to be in a locked
gun case in a locked office or on the person.
October 3, 2017
Commissioner Houpe said if the purse stays on the person then it could be considered safe
and controlled.
Jones said that a female is not going to work with their purse on their shoulder.
Commissioner Houpe suggested the weapon be secured on the person under custody and
control at all times or in a locked box. The weapon could be safe and secured in a pocket as long
as it is on the person. It shouldn't have to be in a holster.
Vice Chairman Bowles suggested to allow a female to carry the weapon into the building
in their purse and then transfer it to a locked box.
Commissioner McNeely said the `and/or' would cover that.
Chairman Mallory asked if it is the consensus of the Board to call for a public hearing.
The Board agreed.
Request from the Clerk to the Board for approval of minutes from the meeting on
September 19, 2017: There were no changes or corrections.
This item was placed on the consent agenda.
UNFINISHED BUSINESS
Commissioner Houpe reported on a meeting with Ron, Jeff McNeely, Deb Alford, Martin
Page, Brady Johnson, and Anna Bonham. It was requested for the Board to approve, Alford, Smith,
or Susan Robertson to meet with the Iredell-Statesville Schools Administrative team to make an
offer that Iredell County would take over Monticello School to be used by the Sheriff's Department
at no rent. This will be used for as long as necessary. The County will take care of regular
maintenance and all utilities. If any major issues arise, such as structure, roof, septic, etc., then it
will be discussed with ISS to determine if it should be repaired and who would pay. With this
proposal ISS will keep the deed and insurance on the facility. Depending on the cost of insurance,
the County may need to pay the fee along with the general upkeep. Also, to offer ISS $10,000 per
year for the use of the gym only at Ebenezer. Smith and other staff will research the possibility of
using any other parts of Ebenezer, under the same conditions. The ultimate goal is when the
property is no longer useful, the sale of the property (by the County or ISS) would go toward
school capital debt.
Vice Chairman Bowles asked who would determine who would sell it,
Commissioner Houpe said the legislative team has been asked to consider a bill that would
allow the school system to turn it over to the County to use or sell. Or the County can tell the
school system to sell it. Either way, 100% of the revenue would go toward school capital debt.
Commissioner McNeely understood that ISS was willing to give it to the County.
Commissioner Houpe said the insurance is already in place with ISS. Staff is researching
those items and determine what is best.
Commissioner Norman wants this in writing.
Chairman Mallory said it is the consensus of the Board to allow staff to pursue such an
arrangement.
Chairman Mallory moved the meeting into closed session at 6:30 PM.
October 3, 2017
IREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
October 3, 2017
The Iredell County Board of Commissioners met in regular session on Tuesday, October
3, 2017, 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
Staff present: County Manager Ron Smith, County Attorney Lisa Valdez, Deputy County
Manager Beth Jones, Assistant County Manager Susan Robertson, Finance Director Debra Alford,
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 and to remember our country's men and women who are in distress in Texas,
Florida, Puerto Rico, Virgin Islands, and Las Vegas.
PLEDGE OF ALLEGIANCE led by Chairman Mallory.
ADJUSTMENTS TO THE AGENDA
County Manager Ron Smith said there were no adjustments for this agenda. Although, an
Attorney -Client was added to Closed Session at the pre -agenda and was taken care immediately
following.
OTION by Commissioner Norman to accept the agenda as adjusted.
VOTING: Ayes — 5; Nays — 0
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
Proclamation and special recognition of a distinguished citizen: Chairman Mallory
recognized Col (Ret) David Timothy Williams with the following proclamation:
IREDELL COUNTY NC
PROCLAMATION OF
CONGRATULATIONS and APPRECIATION TO
COL (RET) DAVID TIMOTHY WILLIAMS
WHEREAS, the Iredell County Board of Commissioners desires to recognize citizens who give of themselves, their
talents and their leadership skills in making our County, State and Nation a safe and secure environment in which to
live, work and raise a family; and
October 3, 2017
WHEREAS, David Timothy Williams, a native of Iredell County and City of Statesville, has retired from the United
States Army in the rank of Colonel after over 29 years of faithful and dedicated service, to include three
deployments to Iraq and Afghanistan; and
WHEREAS, Colonel (Ret) Williams' exemplary service in defense of our Nation is cause for all Iredell County
citizens to celebrate and an example for young men and women of Iredell County to emulate;
NOW, THEREFORE BE IT RESOLVED, that the Iredell County Board of Commissioners takes great pride in
honoring Colonel (Ret) David Timothy Williams and congratulates him and his family on his retirement and
distinguished career in the United States Army.
ADOPTED this the 5t' Day of September, 2017.
Chairman Mallory asked Williams and his family to come to the front of the dais for
presentation of the proclamation. Mallory shared a few remarks about Williams' career and
expressed appreciation for his dedicated service to our country.
Williams thanked the Board and expressed appreciation to his family and for the
recognition. Williams presented Chairman Mallory a vile of sand from the shores of Tripoli as
mentioned in the lyrics of the Marines' hymn.
Recognition of Senior Assistant Register of Deeds Joyce Bess: Register of Deeds Ron
Wyatt said Joyce Bess has been with the Register of Deeds office for 23 years and has performed
every duty in the office. She worked on her own education to better perform those duties and
recently ascertained certification as a Certified Assistant Register of Deeds. Bess was present for
the first e -filing and recently was involved in a complete mortgage closing of a house with all
parties in various offices without meeting in one place. This is the first such transaction in the State
of North Carolina and the United States. Bess is also very passionate about proper preservation of
the history and the records that are stored in the Register of Deeds. Bess is very knowledgeable
and dedicated. Therefore, it was easy to nominate her for the Charles A. Moore Award from the
North Carolina Register of Deeds Association.
Bess was asked to come to the front of the dais for the presentation of the award. Bess
expressed appreciation to the Board and to former Register of Deeds for their mentoring.
APPOINTMENTS BEFORE THE BOARD
Request by the Mecklenburg County Young Marines to proclaim October 23-31,
2017 as Red Ribbon Week in memory of Enrique "KiKi" Camarena: Chairman Mallory read
the following proclamation:
PROCLAMATION by the
IREDELL COUNTY BOARD OF COMMISSIONERS
RED RIBBON WEEK
OCTOBER 23-31. 2017
Whereas, communities across America have been plagued by the numerous problems associated with
illicit drug use and those that traffic in them; and
Whereas, there is hope in winning the war on drugs, and that hope lies in education and drug demand
reduction, coupled with the hard work and determination of organizations such as the Mecklenburg County Young
Marines of the Marine Corps League to foster a healthy, drug-free lifestyle; and
Whereas, Mr. Thomas Sapp of Mooresville, is a member of the Mecklenburg County Young Marines; and
October 3, 2017 10
Whereas, governments and community leaders know that citizen support is one of the most effective tools
in the effort to reduce the use of illicit drugs in our communities; and
Whereas, the red ribbon has been chosen as a symbol Commemorating the work of Enrique "Kiki"
Camarena, a Drug Enforcement Administration Special Agent who was murdered in the line of duty, and represents
the belief that one person can make a difference; and
Whereas, the Red Ribbon Campaign was established by Congress in 1988 to encourage a drug-free
lifestyle and involvement in drug prevention and reduction efforts; and
Whereas, October 23-31 has been designated National Red Ribbon Week, which encourages Americans to
wear a red ribbon to show their support for a drug-free environment;
Now, Therefore Be It Proclaimed, we, the Iredell County Board of Commissioners, do hereby proclaim
October 23-31 as RED RIBBON WEEK in Iredell County, and urge all citizens to join in this special observance.
Adopted this 3" day of October, 2017.
OTION by Commissioner Houpe to adopt this proclamation.
VOTING: Ayes — 5; Nays — 0
Chairman Mallory asked Thomas Saap to accept the proclamation.
PUBLIC HEARINGS
Public Hearing for the consideration of an economic development incentive for
Project Morasaurus, known as Niagara Bottling Company: MSIEDC Christopher Younger
announced Niagara Bottling's plans to expand their Mooresville facility. Niagara is a manufacturer
of private labeled bottled water and has been in the Mooresville Business Park since 2011.
Currently they employee 130 full time workers. Niagara plans to expand with an additional 44,000
square feet for an automated racking system which will allow the company to warehouse and store
the finished product. The project will create 12 new full time jobs paying more than the County's
average wage and generate $14,480,000 in new tax investment. The project is expected to be
completed in August 2018. The request is for an incentive for 80% of the increased tax value paid
back for a period of five years. The amount would equal an estimated amount up to $250,000 over
a five-year period.
Chairman Mallory opened the public hearing.
No one from the audience wished to speak.
Chairman Mallory closed the public hearing.
OTION by Commissioner McNeely to approve this incentive for Niagara Bottling.
VOTING: Ayes — 5; Nays — 0
Request from the Planning & Development Department to continue a public hearing
for the rezoning request (Case #1706-2) from Teramore Development: Planning Director
Matthew Todd said this is a request from RA to Neighborhood Business. It is located across from
the city limits of Mooresville at the corner of Shearer's Road and Rocky River. Staff supports this
request based on the 2030 Horizon Plan that calls for this area to be rural commercial. The property
is adjacent to retail shopping centers and mixed used designations. The Planning Board voted 5-2
in favor of this request.
Chairman Mallory re -opened the public hearing.
William Breinich, Sr., Ann Carpenter, Elizabeth Mongak, Ben Johnson, and Sara Breinich
spoke in opposition to the rezoning stating concerns such as congestion, road access, type of
October 3, 2017 I 1
business, septic, Mooresville's jurisdiction, no benefit to the neighborhood, peak hour traffic,
private community doesn't need another Dollar General, and an eye sore.
Robert Brown, representative for the applicant, spoke in favor of the rezoning. The client
has listened and addressed all of the concerns from the neighbors and they will continue to do so.
This project will be quality, will exceed standards, and it is under a contractual deadline. The TIA
was done before the first meeting in September.
Vice Chairman Bowles said the area is going to continue to be a high growth area for
residential and retailers. Unfortunately, the roads usually lag behind the growth.
Commissioner McNeely believes this zoning needs a conditional use but it is a straight up
zoning.
Commissioner Houpe said one of the hardest decisions this Board makes is considering
people's rights to invest, buy, sell, and use their property. This Board and staff try to balance smart
growth, review the 2030 Horizon Plan, review partnerships with municipalities, and review
corridors for residential or commercial or industrial. What this Board is tasked to consider is all
the uses allowed in the existing zoning. It is not to look at specific stores for retail or restaurants.
If an individual asks for rezoning and it is allowed, it shouldn't matter what is actually being put
on the property unless it is prohibited. However, this Board does take into consideration all the
opinions and concerns but also the consideration of the property owner. The vote tonight is not a
slight on anyone's opinion, it is a review of all aspects involved. The applicant has agreed to a
higher standard with an appropriate facade, curbing, guttering, lighting, and building style.
Hopefully they will continue to work with Mooresville for water and sewer.
Brown said the TIA that was given at the first meeting in September was a new study and
was not required. However, the client initiated the study which showed no significant impact. The
study also indicated that no road improvements were necessary at the intersection of Shearer's and
Rocky River. No offsite improvements were recommended. Brown just received word from
Hodges that the most recent conversation with Davenport confirmed there are plans for road
improvements at Shearer's and Rocky River, not due to this project but due to the residential
development to the north. NCDOT is installing a light at that intersection as part of a spot project.
An unidentified citizen asked the Board to delay a decision due to the recent information
that was shared in order to give time to confirm the word from NCDOT.
Brown said the client is willing to cooperate and if this Board wishes to delay the vote, the
client will oblige.
Commissioner Houpe read from the report, `No improvements are recommended for the
intersection of Shearer's Road and Rocky River Road. In addition, no offsite improvements are
recommended for the site access at Shearer's Road. In conclusion the proposed development is not
anticipated to have a significant impact on the existing roadway network in regards to traffic
operations. The site access should be constructed in accordance with NCDOT standards and the
proposed lane geometry.' Houpe asked Brown to continue to address all concerns of the citizens.
MOTION by Commissioner McNeely to table until November 7 in order to analyze the
traffic impact study and for the hearing to remain open.
Commissioner Houpe asked for an opinion from the County Attorney
October 3, 2017 12
Valdez said the public hearing can be continued until a later date. Staff should be consulted
as to how to review the traffic analysis.
Commissioner McNeely said he would like to include in the motion to review with staff.
Valdez said the public hearing could be closed and just delay the decision.
Commissioner McNeely would like to leave the hearing open.
VOTING: Ayes — 5; Nays — 0
Chairman Mallory said this motion will remain open until November 7 and encouraged all
parties to share the information they have to address the specific concerns that have been raised.
Board.
Commissioner McNeely asked Mr. Brown to email the traffic study to each member of the
ADMINISTRATIVE MATTERS
County Manager Ron Smith summarized the consent agenda items as follows:
• Request from the Department of Planning and Development to call for a public hearing
on October 17, 2017 in regard to a request by the Town of Mooresville to release zoning
and subdivision jurisdiction of five parcels to the Town of Mooresville.
• Request from the Department of Planning and Development to call for a public hearing
on October 17 in regards to a request from the South Iredell Community Development
Corporation to release zoning and subdivision jurisdiction of 16+ acres in the
Mooresville Business Park to the Town of Mooresville.
• Request from the Sheriff's Office for approval of two retired canines to be declared
surplus with authorization for the animals to be sold to their respective handlers for
$1.00.
• Request from the Finance Department for approval to declare 19 vehicles as surplus and
conduct a sale by electronic auction at GovDeals.com or another statutorily approved
method.
• Request from the Iredell County Rescue Squad to apply for a 50150 grant from the North
Carolina Department of Insurance Rescue Fund in the amount of $49,608 of which the
County would be responsible for $24,804.
• Request from the Public Library for approval of a recommended vendor and award of a
purchase agreement to acquire a radio frequency identification and self -check system.
• Request from Administration to discuss an amendment to the Iredell County Code of
Ordinances and the Iredell County Personnel Ordinance to allow carrying concealed as
defined in NCGS 14-269(a) and call for a public hearing on October 17.
• Request from the Clerk for approval of minutes from the meeting on September 19, 2017.
MOTION by Commissioner Norman to approve the consent agenda except for Item VIIL3,
VOTING: Ayes — 5; Nays — 0
Request from the Project Manager for approval of the Guaranteed Maximum Price
2 for the construction of the Public Safety Center: Project Manager David Saleeby said this
project began in 2013. In the spring of 2014, a team of county staff began work on a plan and titled
it `Under One Roof.' This plan was to bring Emergency Communications, Emergency
Management, Emergency Medical Services, and the Fire Marshal's Office all under one roof.
October 3, 2017 13
Property was purchased at 404 Bristol Drive and work has already begun. Edifice Construction,
teamed with ADW Architects in a design -build -delivery method for the project. The Board is asked
to consider a contract with Edifice Construction Company for a Guaranteed Maximum Price #2 of
$11,682,814. This price is for the building of the structure. A previous action of the Board, at the
end of August, granted a GMP 1 for the site work. If approved, some of the departments should be
in the building and operating by Christmas 2018. The Emergency Communications portion will
be completed but that department will not move until spring of 2019. Technology requires the
building to be clean when technology is installed. This price includes the bid price of $9,076,939
with alternate bids for the expansion of the ECOM and brick veneer on the entire building. A
portion of GMP2 includes contingency, insurance, contractors, fees, general conditions, and
construction administration by ADW Architects.
Chairman Mallory said this was discussed at the pre -agenda meeting. The figures were
slightly better than the figures presented to the Board two weeks earlier. The Board approved the
$II million loan financing package with an interest rate at 2.05%. That financing package was
approved by the Local Government Commission this morning. Mallory asked to give a shout -out
to Representative John Fraley who provided some significant, effective, and timely assistance in
terms of addressing an issue with the application. Edifice has done a superb job with the design,
with the recommended changes, to achieve the desired effect. The demand for services has required
the County to address the public safety need for a county that has almost doubled in size since
those departments began. This building is designed to be expandable for future growth.
Commissioner Houpe stated that Iredell County has a responsibility to provide help when
someone calls 9-1-1. The facility, equipment, fire, rescue, and all emergency personnel must have
the ability to communicate for adequate help in the field. This investment is for the tax payers and
to protect and service emergency staff.
Commissioner McNeely said the County had saved to build the jail and the public safety
building, but as construction continued to escalate the savings wasn't enough. There were
reservations about going into debt but the usefulness to build now far outweighs present value
versus future value. This building is needed in order for the emergency communications to be the
best it can be.
Vice Chairman Bowles said this cannot be postponed any longer. This building must
happen as well as the jail.
Commissioner Norman thanked Smith, Saleeby and the entire team for the work on this
project.
MOTION by Vice Chairman Bowles to approve the Public Safety Center with the GMP2
for the construction of the facility.
VOTING: Ayes — 5; Nays — 0
Alford said an amended Public Safety Project Ordinance has been prepared and needs to
be adopted by this Board. This will appropriate the receipt of the $11 million in debt which the
County is issuing. Also, appropriate funds needed from the General Fund transfer to balance the
project.
OTION by Vice Chairman Bowies to amend the language for the Public Safety Building
and approve the budget ordinance.
VOTING: Ayes — 5; Nays — 0
October 3, 2017 14
Iredell County, North Carolina
Capital Project Ordinance
Public Safety Complex
Be it Ordained by the Board of Commissioners of Iredell County, North Carolina:
Section 1. Funds for this Capital Project Fund shall be provided from the following sources:
Amended FY17 Amended
6/6/2017 Amendment 10/3/2017
Financing Proceeds
Investment earnings
Transfers from EMS SSD
Transfers from General Fund
Section 2. The following costs shall be paid from this fund:
Salaries and Wages
FICA
Employee Health Benefit
Retirement
Professional Services - Design/Engineering
Land
Site Work
Construction
Depreciable Assets
Financing Closing Costs
Contingency
Transfer to Jail Capital Project Fund
50,000
- 500,000
7,526,615 1,803,849
$ 63,824
4,884
275
7,978
338,500
329,000
1,000,000
2,101,757
206,572
(3,130)
(1,000,000)
12,575,401
1,293,428
63,150
425,000
50,000
500,000
$ 63,824
4,884
275
7,978
338,500
325,870
14,677,158
1,500,000
63,150
425,000
3.473,825
Section 3. This Capital Project Fund shall continue until the project is complete.
Section 4. Payments from this Capital Project Fund shall be authorized by the County Manager or his designee
Section 5. This Capital Project Fund is effective upon adoption.
ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS
(None)
APPOINTMENTS TO BOARD AND COMMISSIONS
(None)
UNFINISHED BUSINESS
Chairman Mallory reported that he and Commissioner McNeely attended the Cool Springs
Volunteer Fire Department grand opening. Mallory expressed appreciation to the crew for the
years of dedication. The facility integrates first responders, fire department, EMS, rescue squad,
Sheriff's Department, and a community center. Also, Trinity Fire Department will have a ground
breaking for their new facility which will have the same type of basic design.
NEW BUSINESS
(None)
COUNTY MANAGER'S REPORT
County Manager Ron Smith commented on the following items:
• Monday was the first day of the construction fence for the jail project. Parking will be
difficult on court days but the house on the corner of Harrill and Stockton will be
demolished soon and will provide additional parking. The parking will be continuously
reviewed to provide adequate service.
October 3, 2017 15
• Security measures have begun at the Government Center. All improvements should be
complete by October 12.
• Ground breaking for the Jail is set but not for the public safety center. As soon as a date is
scheduled the Board will be informed.
• The old Davis Hospital is about 40% down. The Cherry Street buildings are down and the
ground is level with grass.
CLOSED SESSIONS
Chairman Mallory moved the Board into Closed Session at 8:53 PM.
The Board returned to open session at 9:55 PM with no action items to report.
Commissioner McNeely gave a shout out to the boys from Raleigh who went to
Tallahassee to play a community college and they looked really good.
ADJOURNMENT
OTION by Commissioner Houpe to adjourn at 9:57 PM (The next regular meeting will
be Tuesday, October 17, 2017, 5:00 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
October 3, 2017 16