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HomeMy WebLinkAboutSeptember_19_2017_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS PRE -AGENDA MINUTES September 19, 2017 The Iredell County Board of Commissioners met in pre -agenda session on Tuesday, September 19, 2017at 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 Board Members Absent 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, Strategic Planner Ben Stikeleather, and Clerk to the Board Retha Gaither. CALL TO ORDER: Chairman James Mallory called the meeting to order. ADJUSTMENTS TO THE AGENDA: Chairman Mallory made the following adjustment: Remove: Presentation of Special Recognitions and Awards — Proclamation and special recognition of a distinguished citizen will be delayed until October 3, 2017, due to some unavoidable conflicts. County Manager Ron Smith made the following adjustments: Add: Presentation of Special Recognitions and Awards — Resolution honoring the Iredell County Health Department for their 75`h celebration. Add: Unfinished Business — Report from the General Governmental Task Force APPOINTMENTS BEFORE THE BOARD PUBLIC HEARINGS (None) ADMINISTRATIVE MATTERS Request from Tax Administration for the reappointment of the County Assessor and appointments of Assistant Assessors: Tax Administrator Bill Furches said it is required by law to reappoint Melia Miller as Tax Assessor for a four year term ending 2021 and the appointment of Laura Crater and Fran Elliott as Assistant Assessors for the same four year terms. Miller came from Stanley County in 2013. The 2015 reappraisal is probably the finest reappraisal Iredell County has ever completed. Things are already geared for 2019. Out of the last reappraisal there were 94,083 parcels with only 13,070 appeals which equals 1.45%. The standard is about 4%. There were only two that went to the Property Tax Commission and the Commission upheld the County's value in both cases. Laura Crater has been in the tax office for 27 years with the last six September 19, 2017 as Assistant Tax Assessor. Fran Elliott has been with the tax office for eleven years and was appointed Assistant Tax Assessor for Real Property last year. This item was placed on the consent agenda. Request from Mooresville Graded Schools to approve a drawdown of lottery funds and an amendment to the Mooresville High School Capital Project Fund: Superintendent Stephen Mauney gave a brief update on the construction. School began on time but there are a few items outstanding on the Performing Arts Center which is scheduled for be complete in January 2018. There are also a few classrooms still undergoing renovations. Everything has gone well with inspections and the project is on budget. There have been a few obstacles with "glue plugs" in the ceiling which had to be removed one by one by hand while the building was vacant. Commissioner McNeely expressed concerns about the contingency fund and asked if this would cover everything that needs to be done to complete the construction. Mauney said yes. The project is nearing the end. However, if for any reason the project goes over budget the Board of Commissioners will not be asked for more money. Mooresville Graded will cover the cost if that need arises. Currently MGSD is in negotiations with the architect and contractor for various claims regarding change orders. This item was placed on the consent agenda. Request from the Finance Department for approval to replace the current Storage Area Network: Purchasing and Contracts Manager Dean Lail said the Storage Area Network (SAN) is the life and limb of the Information Technology Department. It stores/holds everything that is owned by the County. The current system is five years old and there are concerns of failure which means the County could lose a great deal of information currently stored. The ITS Department has researched many systems and NWN Corporation seems to have the best solution. This company made a bid and was awarded a contract with the State ITS which means this product does not have to be bid out. The best financing function is a 59 month lease/purchase agreement with IBM Credit LLC. This provides a purchase option upon expiration and allows the County to take possession if needed. The full cost of the SAN from NWN is $891,986 over the 59 month lease. The FYI 8 budget will be $120,812 with incremental payments over 59 months. The request is for the board to approve the lease/purchase of the SAN, negotiate a lease with IBM, and authorization for the County Manager to sign documents related to the agreement. Commissioner Houpe asked if it was put out for bids. Lail said no. It wasn't necessary because it was already pre-bid through the State ITS. Commissioner Houpe asked about the funding with Medicaid Max. Robertson said it is split 70/30 with 30% of the SAN dedicated to the Health Department. Chairman Mallory asked about storage in the cloud. Lail said ITS does not store in the cloud. The Director of IT told Lail that storage in the cloud is still controversial in the ITS community. The cloud is debatable as a reliable back up. At this point ITS continues to maintain an off sight back-up. Chairman Mallory asked about the indicators or signs of failure that warrants concern. Lail said indicators are the number of service/maintenance calls made. September 19, 2017 2 Smith said this is the single most important piece of equipment the County owns. This item was placed on the consent agenda. Request from the Finance Department for approval to replace the current agreement for two transfer trailers for Solid Waste: Purchasing and Contracts Manager Dean Lail said Solid Waste needs to replace two transfer trailers. There was a formal bid on July 27. All bids were opened, read aloud, and recorded. The lowest responsible bidder was Spectrum Manufacturing at $61,360 per trailer. Solid Waste Admin Assistant Jamie Bussey said these trailers contain a ram that actually pushes out the waste. These models are 1997 and Solid Waste has managed to get 20 years of service. They were re -floored in 2011 but the side supports and doors are rusting beyond repair. This item was placed on the consent agenda. Request from the Finance Department for approval of the high bid and to finalize the sale of 504 Woodlawn Drive: Purchasing and Contracts Manager Dean Lail said this Board previously adopted a resolution authorizing Lail to attempt to resale 504 Woodlawn Drive. The final bid was $11,600. The County will net $10,730 after paying GovDeals for their services. The request is for the Board to approve the high bid in order for the County Attorney to register the deed. This item was placed on the consent agenda. Request from the Parks and Recreation Department for approval of a property exchange at Jennings Park: Deputy County Manager Beth Jones said this request is a proposed property exchange with Bruce Knox who owns property on the western and southern portion of Jennings Park. Knox has asked if the County would be interested in trading 1.330 acres on the north end for a 0.2 acre strip along the drive way and 1.129 acre on the south end of the proposed Jennings Park. Currently a small portion of Knox's driveway is on the County owned property and the 0.2 will remedy that issue. The trade of the southern piece for the northern piece would be beneficial to both parties. This will be an even exchange with no money involved. However, Knox will pay any fees incurred in the swap. Commissioner Houpe stated the Recreation Advisory Board approved the request. This item was placed on the consent agenda. Request from the Sheriff's Office to apply, accept and approve budget amendment #8 for the 2017 Justice Assistance Grant: Sheriff Darren Campbell said this budget amendment in the amount of $14,322 is based on violent crime stats. This is used to fund the Athletic League. The expected number of participants has increased to over 300 this year. This item was placed on the consent agenda. BA#8 9/19/2017 To appropriate 2017-2018 JAG Grant for Sheriffs Dept Account # Current Budget Change Amended Budget 104510 436000 15218 US Dept of Justice JAG Grant - (14,322) (14,322) 105510 531500 15218 Insurance - 3,500 3,500 105510 532500 15218 M&R Building - 3,000 3,000 105510 535000 15218 Supplies -Departmental - 7,822 7,822 September 19, 2017 3 Request from the Sheriffs Office to approve budget amendment #9 to use Federal Equity Sharing Funds and Commissary Funds for supplies for the Mobile Classroom and Mobile Command Unit: Sheriff Darren Campbell said part of this budget amendment is in the amount of $15,500 to be used for the mobile classroom supplies. Approximately 7,200 students visit this classroom in a year. The unit was totally purchased with seized funds. Currently this unit is scheduled for 21 upcoming events. Another $4,500 will be used to update the phone communications in the mobile command unit; $12,000 from commissary funds to update the worn and weathered graphics on several trailers; and $5,500 for annual awards and presentations which has been a huge team builder. This item was placed on the consent agenda. BA#9 To appropriate Federal Equity Sharing funds for mobile classroom supplies and upgrade of the mobile command unit. Also appropriate commissary funds for updating trailers and 9/19/2017 employee recognition dinner. Account # Current Budget Chane Amended Budget 104880 499404 Appro Fund Balance- FES (17,400) (20,000) (37,400) 104880 499402 Appro Fund Balance- Commissary Healthy Communities (12,000) (12,000) 105510 532502 M&R Vehicles 90,000 6,500 96,500 105510 564050 Employee Appreciation - 5,500 5,500 105510 535000 15510 Supplies -Departmental - 15,500 15,500 105510 620000 15510 Non -Depreciable Asset 6,341 4,500 Request from the Health Department for approval of budget amendment #10 to accept additional funds from the Healthy Communities Grant: Health Director Jane Hinson said the department has been granted an additional $3,810 to be used for printing the Parks and Trails brochure, hybrid signage related to no tobacco use on the campus, and printed materials encouraging healthy eating and the local farmer's markets. This item was placed on the consent agenda. BA#10 To allocate I1ealthy Communities state grant revenues and expenditures 9/19/2017 Permits issued by Iredell County Inspections Department during FYI 7 for Account # 9/19/2017 Current Chane Amended 10493503 440011 Healthy Communities (26,710) (3,810) (30,520) 10935031 548000 Community Awareness (17,513) 3,810 3,810 Request from the Finance Department to approve budget amendment #11 to appropriate contingency to pay for school project permits: Finance Director Deb Alford said that each year the Board has appropriated funds to pay for any Iredell County permits that the schools systems have had to pull during the year for projects. This request is to appropriate contingency to pay for Iredell-Statesville and Mooresville Graded school districts' permits. This item was placed on the consent agenda. BA#11 To appropriate Contingency to Iredell-Statesville Schools & Mooresville Graded Schools for Permits issued by Iredell County Inspections Department during FYI 7 for "internal" building 9/19/2017 projects. Account # Current Budget Chane Amended Budget 105480 530200 Contingency 250,000 (17,513) 232,487 105700 560002 Iredell-Statesville - Capital Outlay 10,405,107 11,172 10,416,279 105700 560202 Mooresville Graded - Capital Outlay 1,738,760 6,341 1,745,101 September 19, 2017 4 Request from the Finance Department to adopt a resolution authorizing the execution and delivery of an installment financing agreement, a deed of trust and related documents in connection with a Public Safety Center for the County: County Manager Ron Smith said this is to basically move forward with the finance of $11 million for the Public Safety Complex. When construction costs were discussed earlier it was in the range of $14 million. This memo is showing the range to be $17.4 million. The Guaranteed Maximum Price will be presented on October 3, 2017. A breakdown of the total price includes the construction at $14,000,070; Engineer/Architect Fees $766,552; Land $325,870; Professional Services $337,830; Special Counsel Fees, other legal fees, Admin fees $63,150; Technology $1,500,000; and Owner Contingency $425,000. Of this total $1.4 million has already been spent to bring the project to this point. This request is for financing purposes only, to satisfy a timeline. However, adopting this resolution for financing does not commit to spending $11 million, it is just to maintain the interest rate and timeline. It was expected that the County would receive a grant that would, at least, pay for the technology at $1.5 million. The 911 Board initially denied the application but another application will be submitted again. Commissioner Houpe asked about the fiber optics cost. Project Manager David Saleeby said the fiber optics cost was in the original budget discussions. Since that time, the fiber to Bristol Drive is not just for the Public Safety Center, it is for also for Animal Services and the Agricultural Center. At this time the entire need, quality/data load, etc., for all agencies has not been determined. The Chief Information Officer has decided to lease the fiber line for one or two years to allow time to evaluate all of the needs. Commissioner Houpe asked the cost that was discussed for the fiber. Saleeby did not have those numbers but believes it was between $400,000 and $600,000. The entire fiber package, with the part for ECOM to Mooresville and to Newton are already in and will be transferred. Commissioner Houpe asked the drop dead date to approve financing and why the timeline is so important. Alford said the LGC (Local Government Commission) meets October 3 at which time the application and resolution will be considered. Vice Chairman Bowles reiterated that being considered and approved for the financing does not necessarily mean the County is committed. Alford said the closing is scheduled for October 10, if the County decides to proceed. Commissioner Houpe feels the timeline between October 3 and October 10 is not ample time to make this decision. Saleeby said the project is scheduled to begin on October 17 to ensure the other phases of the project are on time and completed by December of 2018. There are two timelines. The first is the financing part to get through the LGC. The second timeline is the bricks/mortar portion. Pads should be ready for footings on October 17, before bad weather starts. As soon as the footings are in the other construction can continue through all types of weather. Commissioner Houpe expressed concerns over the loss of the 911 Grant. When this project began thoughts were that the cost would be in the range of $14-$15 million and it is already over $17 million. September 19, 2017 Saleeby said that since it was suggested to lease the fiber, the upfront cost will be approximately $12,000 and then the remainder will be in the operational budget of each department. Commissioner Houpe expressed concerns that numbers were not adequately presented but understands that the cost of construction will continue to rise. However, the County has two major projects at once and is concerned about pulling money from the fund balance. Chairman Mallory stated this facility is based on operational needs for ECOM, EMS, and others. A message needs to be sent to the 911 Board that there are consequences for not giving appropriate consideration to Iredell County. Smith said there were nine applications and all applications were denied. No one received anything during this cycle. One of the main reasons for non -approval is that the projects did not meet the goals of the 911 Board. These goals were not actually listed on the grant application. One of the goals pertains to backups and Iredell County has been working, with their guidance, for over a year to become a backup for Alexander and Wilkes County as well as Mooresville. Iredell has MOUS in place with Alexander and Wilkes that were implemented because of legislation that required every PSAP to have a backup. However, then the 911 Board stated that the MOUS were already in place and didn't need grant funds to continue, so it now appears that it is being used against the County. If there is an emergency event in Alexander, Wilkes, or Mooresville and their ECOM centers are shut down which would force them to come to Iredell County ... there's no place for them to go. Smith said he explained to the 911 Board that the County has the MOUS, but it is currently inadequate because of space. Commissioner Houpe stated rumor has it that the Highway Patrol is seeking those funds but Highway Patrol does not answer 911 calls. This Board wants to be respectful but State legislators need to know that the State is stepping on toes for funds that were never considered before and the Highway Patrol does not answer 911 calls. Smith said that when the 911 Board made their decision they could have said it would be closed until the next cycle, which is in March. However, the 911 Board said they would open it up again on September 15. Therefore, the County has from September 15 until December 15 to reapply. Another application will be sent. ECOM Director Candy Strezinski said the Highway Patrol pennission to apply went to legislation hidden in another bill. One of the qualifications to apply and receive grant money is to be a PSAP, a primary answering point. Therefore the Highway Patrol would not meet that requirement. Chairman Mallory feels it would be appropriate to accompany the next application with a resolution by this Board addressing these issues. The application could also have a letter outlining that Iredell County proceeded in good faith to meet the criteria and that this grant is necessary to provide the expected level of service. Vice Chairman Bowles stated this may be political and, if so, members of this Board may need to make a stand with legislators. Commissioner McNeely asked if proceeding with the building of this complex would hinder the approval of a grant. Strezinski said the 911 Board has always required, with the grant, to have a MOU, to have a commitment, etc. Everything that was required was submitted with the commitment that the September 19, 2017 6 County is going to do the project. A clear need was shown. A letter is prepared that points out some inequities. Commissioner Houpe asked about the interest rate if the deadline of October 3 is not met. Alford said there is no way to know what the interest rate would be. RFPs and bids have already been implemented. Five lenders responded and 2.05% was the lowest rate. The entire process would have to start over and re -bid if the deadline is not met. Chairman Mallory suggested to review items that could be trimmed from the project. It is designed with a larger footprint based on anticipated requirements. Maybe it should be the original footprint and there could be a savings. Maybe tightening the MOUS and just take care of Iredell County and Mooresville with limited help to Alexander and Wilkes. The 911 Board needs to understand that and this Board needs to be specific that their choices have consequences. The need is demonstrable and has been justified over the last 2'/z years. The financing is unbelievably good and should not be delayed as it would only increase costs down the road. Commissioner McNeely doesn't feel anything should be cut and this building must be built. Commissioner Houpe said he would not vote to cut anything. The building needs to be built right the first time. If the 911 Board is delaying to play favoritism to another county then it is not right and this Board needs to fight for fairness. Vice Chairman Bowles asked that in the future when capital improvement projects are discussed that there should be some type of template that shows every item of cost from the beginning. List the cost of land, A & E, development, construction, etc. Everything should be shown on one sheet of paper so the public will understand from the beginning. Chairman Mallory asked about two lines of contingency fees. Saleeby said the project actually began with three contingencies. There is a design contingency, construction contingency, and owner contingency. The design contingency went away once the design was competed. The construction contingency stays in the project in the event the contractor finds something that may have been missed with borings, etc. The contractor's incentive is not to use it. The owner contingency is for the County in the event the Board decides to add or change something. Chairman Mallory feels this should be discussed at the 7:00 meeting and not be part of the consent agenda. Request from the Project Manager to approve a contract with Froehling and Robertson, Inc. for third party special inspections and material testing at the Jail Expansion and Public Safety Center construction sites: Project Manager David Saleeby said both projects have an item called Special Inspections and Material Testing. Special Inspections are required by the Building Code. Material Testing is a good best practice. Typically the cost is about I% of the project and is performed by a professional industrial group. RFPs were sent and eleven companies responded. Froehling and Robertson had the lowest bid. They are known and have previously completed work for the County. The proposal is about half of what was budgeted and therefore there will be a savings. There is an additional savings because the two projects were bid together. The request is to give the County Manager the authority to negotiate a contract for both projects. September 19, 2017 7 Commissioner Houpe stated these inspections are in addition to county inspections. This is to ensure there is a quality control mechanism in place. It was suggested that this be discussed again at the 7:00 meeting for the public. Chairman Mallory asked who would bear the responsibility if a problem is discovered after the professionals have left their stamp of approval. Saleeby was not sure but would have that answer by the 7:00 meeting. Smith said because of the Design Build aspect, the County will not have negotiations at the end of the project. That will be between Edifice and the contractors. Saleeby said that is correct. Edifice has a warranty period with the County and with each of the subcontractors. Edifice will deal with subs. Request from Tax Administration for approval of August refunds and releases: County Manager Ron Smith said everything was in order. This item was placed on the consent agenda. Releases for the month of August 2017 Monthly Total $ (25,047.18 Breakdown of Releases: County S 66,085.36 Solid Waste Fees S 728.00 Statesville Solid Waste Fees S 960.00 Mooresville Solid Waste Fees S - Davidson Solid Waste Fees S - E. Alex. Co. Fire #1 S 51.63 Shepherd's Fire#2 S 267.67 Mt. Mourne Fire #3 S 67.19 All County Fire #4 S 1,401.38 B&F Fire #5 S 171.49 Statesville City S 23,781.83 Statesville Downtown S 1.13 Mooresville City S 28,221.23 Mooresville Downtown S - Mooresville School S 3,034.02 Love Valley S - Harmony S - Troutman S 269.50 Davidson S 6.75 Refunds for the month of August 2017 Monthly Total 54,075.08 Breakdown of Refunds: County S 1,663.14 Solid Waste Fees S - Statesville Solid Waste Fees S - Mooresville Solid Waste Fees S - Davidson Solid Waste Fees S - E. Alex. Co. Fire #1 S - Shepherd's Fire #2 S - Mt. Mourne Fire #3 S - All County Fire #4 S - B&F Fire #5 S - Statesville City S - Statesville Downtown S - Mooresville City S 1,828.66 Mooresville Downtown S - Mooresville School S 583.28 September 19, 2017 8 Love Valley $ - Harmony $ - Troutman $ - Davidson $ - NC Vehicle Tax System Refunds August 2017 Breakdown of NCVTS Refunds: County $ (103.62) E. Alex. Co. Fire#1 $ Shepherd's Fire #2 $ (3.46) Mt. Mourne Fire#3 $ - All County Fire #4 $ 18.41 B&F Fire #5 $ - Statesville City $ - Statesville Downtown $ - Mooresville City $ (237.78) Mooresville Downtown $ - Mooresville School $ (75.84) Love Valley $ - Harmony $ - Troutman $ - Davidson $ - Monthly Total $ (402.29) Request from the Deputy Clerk to the Board for approval of minutes from the meeting on September 5, 2017: There were no corrections to the minutes. This item was placed on the consent agenda. UNFINISHED BUSINESS Proposed legislative goals to be submitted to the North Carolina Association of County Commissioners: Commissioner McNeely feels this should be discussed at the 7:00 meeting. The Board recessed into Closed Session at 6:38 PM. The Board recessed from Closed Session at 6:55 PM until the 7:00 meeting. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES September 19, 2017 The Iredell County Board of Commissioners met in regular session on Tuesday, September 19, 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 111 Vice Chairman Tommy Bowles Gene Houpe Jeff McNeely September 19, 2017 9 Board Members Absent 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, Strategic Planner 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. Mallory asked everyone to remember Commissioner Marvin Norman who was absent due to medical issues. PLEDGE OF ALLEGIANCE led by Chairman Mallory. ADJUSTMENTS TO THE AGENDA County Manager Ron Smith made the following adjustments: Remove: V.1 Proclamation and special recognition of a distinguished citizen. This item will be moved to the next meeting. Add: V.2 Resolution in honor of the 75`h Anniversary Celebration for the Iredell County Health Department Add: X 1.2 Report on activities of the General Governmental Task Force. MOTION by Vice Chairman Tommy Bowles to approve the modified agenda. VOTING: Ayes — 4; Nays — 0 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Resolution recognizing the Iredell County Public Health Department's 75' Anniversary: Vice Chairman Tommy Bowles stated, "I would like to make a shout -out for celebrating the 75`h anniversary of our Iredell County Health Department. We will have a celebration taking place on Thursday (September 21) 4:00 to 7:00 PM. It is something to celebrate because I'm not sure everybody realizes how important the health department is. There are a lot of folks that depend on the health department. Public health is something that we kindly all take for granted until something happens and we need it. I have been privileged to be on the Board of Health, I don't know how many years, with my first tenure on the County Commissioners and now. It works like a well-oiled machine. All the staff that works there works tirelessly to try to get our program off the ground. They come back and report to us how they are doing and a lot of times if we don't make the mark they come up and say, `You know what, we didn't make the mark on this one. We didn't achieve what we set out to do.' They are very honest and forthright and I appreciate that fact. It is a very conservative unit of our government. Some of those folks, well, I've never seen somebody pinch a penny as well as they can. But nevertheless, it is an absolute privilege to serve on that Board. I want to thank them. There are several different divisions in public health, our environmental health side. So many times if you eat at a restaurant or swim in a public swimming pool somewhere, the health department has been checking that out and making sure it is safe for you. I can't say enough about how much I appreciate that. One of our task forces is located at the health department, the Opioid Addiction. The opioid epidemic that we're September 19, 2017 10 experiencing national wide, our president has put us in a national emergency because of it. We read articles everyday about this it is just exploding. We have had the Attorney General, Mr. Stein, over and he has congratulated us on how Iredell County is out in the forefront. We are one of the leading counties in the fight against opioid addiction. Like I say, if we have a department in this county that is working hard and doing a good job, it is absolutely the health department. There are a lot of folks over there that are in it, heart and soul. That being said I would like for this resolution to be read by the Chair." Chairman Mallory read the following resolution CELEBRATING THE 75T" ANNIVERSARY OF THE IREDELL COUNTY HEALTH DEPARTMENT WHEREAS, public health has played a significant role in the health and prosperity of Iredell County over the last seventy-five years; WHEREAS, public health has successfully controlled, and contained many health threats throughout the county and has worked tirelessly to preserve, protect, and improve the health of our community; WHEREAS, the Iredell County Health Department was created in October of 1942, with the appointment of Dr. Leo B. Skeen as the County Health Officer; WHEREAS, in June of 1944, there was a polio epidemic and the Iredell County Board of Health mandated that all children thirteen and under could not congregate, in an effort to stop the spread of polio; WHEREAS, in 1951 the Iredell County Board of Health adopted a privy ordinance that required that septic tanks be installed to a certain standard, and pig pens located at least 150 feet from a house other than the owners; WHEREAS, in the mid -1950's, the Board of Health amended Section 8 of the County Milk Ordinance which allowed the sale of butter and buttermilk direct from the fanner to the consumer, although sweet milk and cream were prohibited from being sold directly to the consumer; WHEREAS, today Iredell County has ninety-eight public health professionals who continue to promote and protect community, personal and environmental health and partner with the public to achieve a healthier Iredell County; NOW, THEREFORE, BE IT RESOLVED, that the Iredell County Board of Commissioners do hereby commend Iredell County Health Department for 75 years of outstanding service to the people of Iredell County by promoting health, preventing disease and assuring access to vital health services. This the 19"' day of September 2017. OTION by Vice Chairman Tommy Bowles to adopt the resolution. VOTING: Ayes — 4; Nays — 0 Chairman Mallory asked Health Department Director Jane Hinson to accept the resolution. Hinson expressed appreciation to staff and to the Board of Commissioners. APPOINTMENTS BEFORE THE BOARD Request from Jeffery Eads of Partners Behavioral Health to present the quarterly report package as of June 30, 2017: Eads expressed appreciation to Mrs. Hinson and to the staff of the Health Department that go above and beyond customer service. Partner's was pleased to be able to provide $25,000 in matching dollars to go toward the Opioid Coordinator Position. Appreciation was expressed for the attendance at the grand opening of Impact Health of Iredell. September 19, 2017 I 1 Since the opening the daily average is 10-12 new walk-ins in addition to the regular clients. Eads continued with statistics from programs offered by Partner's. Chairman Mallory thanked Eads and expressed excitement about the Impact Health Center which will be a great benefit for citizens. PUBLIC HEARINGS (None) ADMINISTRATIVE MATTERS County Manager Ron Smith summarized the consent agenda items as follows: • Request from Tax Administration for the reappointment of Melia Miller, the County Assessor and appointments of Assistant Assessors Laura Crater and Fran Elliott, all to four year terms. This in accordance with NC G.S. 105-294 & 297 respectively. • Request from Mooresville Graded Schools to approve a drawdown of lottery funds in the amount of $1 million to make an amendment to the Mooresville High School Capital Project Fund. These funds were originally budgeted in the MHS Project Ordinance. • Request from the Finance Department for approval to replace the current Storage Area Network (SAN). This is a data storage solution in the Department of Technology. Due to the cost of equipment this will be a 59 month lease/purchase agreement. • Request from the Finance Department to award a formal bid purchase agreement for two transfer trailers for Solid Waste in the amount of $122,720. The budget available for this purchase was $155,000. • Request from the Finance Department for approval of the high bid and to finalize the sale of 504 Woodlawn Drive. Proceeds to the County will be $11,600 which will cover the taxes owed on the property of $10,356. • Request from the Parks and Recreation Department for approval of a property exchange at Jennings Park. This will exchange 1.33 acres from the park site for 1.33 acres of a neighboring property. The property the County will be gaining is more flat and more usable space. • Request from the Sheriff's Office to apply, accept, and approve budget amendment #8 in the amount of $14,322 from the 2017 Justice Assistance Grant. This will be used to fund the Sheriff's Youth Athletic League. • Request from the Sheriff's Office to approve budget amendment #9 in the amount of $20,000 to use Federal Equity Sharing Funds and commissary funds in the amount of $12,000 for supplies for the mobile classroom and mobile command unit. • Request from the Health Department for approval of budget amendment #10 to accept $3,810 for a Healthy Communities Grant. • Request from the Finance Department to approve budget amendment #11 to appropriate contingency funds in the amount of $17,513 to pay for school project permits. This is done yearly for the schools to offset permit fees. • Request from Tax Administration for approval of August refunds and releases. • Request from the Deputy Clerk to the Board for the approval of the minutes from September 5, 2017 meeting. Chairman Mallory explained that the consent agenda is detailed in the pre -agenda at 5:00 and is open to the public. The Sheriffs Office had two items that relate to programs they sponsor September 19, 2017 12 which are very effective in reaching and engaging the youth of Iredell County. Mallory expressed his appreciation to the Sheriff s Office for these beneficial programs. MOTION by Vice Chairman Bowles to approve the consent agenda. Even though these seem mundane or just housekeeping, it is very important to keep the business running smoothly. VOTING: Ayes — 4; Nays — 0 Request from the Finance Department to adopt a resolution authorizing the execution and delivery of an installment financing agreement, a deed of trust, and related documents in connection with a Public Safety Center for the County: Finance Director Deb Alford said that in connection with the public safety building complex she was tasked to research financing of $11 million. An application is being presented to the Local Government Commission for that process. On August 30, five bids were received from the installment financing. The lowest bid was Bank of America with an interest rate of $2.05% and the highest bid was 2.6%. The request is to adopt the resolution to move forward with the installment financing. This will allow time to submit all necessary documents to the LGC before their meeting on October 3. Commissioner Houpe asked Alford to explain that locking in the financing rate does not obligate the County to proceed with the project if the GMP is not approved. Alford said the application process actually began several months ago with findings, public hearing, etc. in preparation to issue debt if the County so desires. The LGC will review documents on October 3 and approve or deny. If approved the actual closing is scheduled for October 10. The Board can back out at any time prior to October 10. Vice Chairman Bowles asked to clarify that the $11 million to be financed represents 75% of the project. Alford confirmed that is correct. Chairman Mallory expressed appreciation to the research for such a great low rate of interest. Project Manager David Saleeby outlined the cost of the project. Site clearing has begun and the cost is included in the package of $14,070,137 budget. The project actually began about 2 %z years ago with the purchase of property and design architects. Professional services include site engineering, GO technical work, ground borings, surveys, environmental study, etc. Other items included in this package are special counsel fees, other legal and administrative costs. All of these items are necessary to obtain a loan. The cost of issuing debt. A very large piece of this project is technology which is budgeted at $1.5 million. There are two contingencies — one for construction and one for the owner. The guaranteed maximum price will be presented in October by the contractor. There are quite a few optic fiber lines coming into this project. Some lines pertaining to the radio system and go to Newton are leased. There is a line for the back-up in Mooresville. One major line of importance is the County communication line from the Government Center to the Public Safety Complex. During the Spring Retreat, the IT Department presented an estimate of over $1 million for fiber optic connectivity county -wide for remote sites. Just for this project to connect IT to the public safety was $400,000 to $600,000. However, since the Public Safety Complex is located next to other departments it would mean three departments sharing a fiber line. At the cost of $600,000 it is unknown if the size line would be sufficient for three departments. The Chief Information Office and Emergency Communications Director decided that, for at least a two to three year period of time, to lease a line from the same company that provides the other September 19, 2017 13 fiber. This will give ample opportunity for IT and ECOM to determine the amount of data that would be used. Commissioner Houpe clarified that the potential of receiving $1.5 million in grants, if approved by the 911 Board. Vice Chairman Bowies said members of this Board have received several phone calls about this project. In the beginning it was announced that the County is involved in two major projects, the correctional facility and public safety. Obviously these projects have experienced increases in construction costs. This Board needs to do better of informing the public each step of the way. Many times this Board discusses one particular component and the public doesn't realize there are many components of major projects. Commissioner McNeely said it is critical to build this facility no matter how painful. The Board could possibly shrink the size or par it down somewhat but in the end it would be regretted. Chairman Mallory said that in addition to the $11 million loan, the County has set aside over $2.5 million. A few of the preliminary items at $1.4 million have been paid. The County has a healthy fund balance to allow the County to transfer $2.5 million to make up the total. It's important for citizens to know that this government agency has set a higher bar to maintain a 20% fund balance. This is an investment that is overdue. Commissioner Houpe reiterated that the County is going to aggressively and proactively pursue the grant revenues that could help to alleviate some of the debt. OTION by Vice Chairman Bowles to adopt a resolution authorizing the execution and delivery of an installment financing agreement, a deed of trust and related documents in connection with a public safety center for the County. VOTING: Ayes — 4; Nays — 0 RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT FINANCING AGREEMENT. A DEED OF TRUST AND RELATED DOCUMENTS IN CONNECTION WITH A PUBLIC SAFETY CENTER FOR THE COUNTY BE IT RESOLVED by the Board of County Commissioners (the "Board") of the County of Iredell, North Carolina (the "County"): Section 1. The Board does hereby find and determine as follows: (a) The County has determined to acquire, construct and equip a new public safety center, including facilities for emergency medical services, emergency communications, fire safety and emergency management, for the County (the "Project"). (b) After a public hearing and due consideration, the Board has determined to finance the acquisition of the Project through the entering of an Installment Financing Agreement (the "Agreement") between the County and Bank of America, N.A., a national banking association organized and existing under the laws of the United States of America pursuant to Section 160A-20 of the General Statues of North Carolina, as amended. Pursuant to the Agreement, the Lender will advance moneys to the County in an amount sufficient to pay the costs of the Project, and the County will repay the advancement in installments, with interest, computed at a rate per annum not to exceed 2.05% (the `Installment Payments"), subject to adjustment as provided therein. (c) In order to secure its obligations under the Agreement, the County will execute and deliver a deed of trust (the "Deed of Trust") granting a lien on the portion of the site on which the Project is located, together with all improvements and fixtures located and to be located thereon. (d) There have been presented to the Board at this meeting drafts of the Agreement and the Deed of Trust. September 19, 2017 14 Section 2. The proposal of the Lender to provide financing through the Agreement is hereby accepted, and the actions of the County Manager of the County in accepting the proposal of the Lender are hereby ratified, authorized and approved. Section 3. In order to provide for the financing of the acquisition of the Project, the County is hereby authorized to enter into the Agreement and receive an advancement pursuant thereto in an aggregate principal amount not to exceed $11,000,000. The County shall repay the advancement in installments due in the amounts and at the times set forth in the Agreement. The payments of the Installment Payments shall be designated as principal and interest as provided in the Agreement. Section 4. The Board hereby approves the Agreement and the Deed of Trust in substantially the forms presented at this meeting. The Chair of the Board, the Vice -Chair (in the absence of the Chair), the County Manager and the Finance Director of the County are each hereby authorized to execute and deliver on behalf of the County each of said documents in substantially the forms presented at this meeting, containing such insertions, deletions and filling in of blanks as the person executing such documents shall approve, such execution to be conclusive evidence of approval by the Board of any such changes. The Clerk or any Deputy or Assistant Clerk of the Board is hereby authorized and directed to affix the corporate seal of the County to each of said documents and to attest the same. Section 5. No deficiency judgment may be rendered against the County in any action for breach of any contractual obligation authorized pursuant to the Agreement and the taxing power of the County is not and may not be pledged directly or indirectly to secure any moneys due under the Agreement herein authorized. Section 6. The Chair of the Board, the Vice -Chair (in the absence of the Chair), the County Manager, the County Attorney, the Finance Director, the Clerk and any Deputy Clerk of the County, and any other officers, agents and employees of the County, are hereby authorized and directed to execute and deliver such closing certificates, opinions and other items of evidence as shall be deemed necessary to consummate the transactions described above. Section 7. The County Manager and the Finance Director are each hereby authorized to administratively amend the County's annual budget in order to provide the amounts necessary to pay debt service and other payments with respect to the Agreement. Section 8. This resolution shall take effect immediately upon its passage. Request from the Project Manager to approve a contract with Froehling and Robertson, Inc. for third party special inspections and material testing at the Jail Expansion and Public Safety Center construction sites: Project Manager David Saleeby said special inspections are required on the jail and public safety building. Material testing is a best practice insurance type of component for protection when testing concrete, soils, etc. but mostly with the structural integrity of the building. This request is to consider a contract with Froehling and Robertson, Inc. for third party special inspections and material testing for the jail expansion and for the public safety project. This company was chosen from a list of 11 companies who submit a RFQ. This is for quality assurance and goes well above the county's inspections for both buildings. The estimated cost is about $80,000 for the Jail and $56,000 for the Public Safety Complex. This request is to authorize the County Manager to negotiate a contract with this company. Vice Chairman Bowles asked for an explanation of the types of construction for regular office space, jail, and 911 Center. Saleeby said that regular office space would be what is typically seen at a school or doctor's office. The 911 Center is a Category 4 or a "hardened" building which pertains to the seismic requirements, the wind load, etc. It is built to withstand the worst that is projected for this area. The Jail is entirely different in that it is almost all steel and concrete which requires a lot of testing. The question was asked earlier about who would bear the cost if there was a failure after special inspections. For the Public Safety Complex, the special inspection company, the contractor, and the provider of the material is held responsible for any failures. For the Jail, there are four agencies responsible—the special inspection company, architect, contractor, and the supplier of the material. Vice Chairman Bowles asked about unnatural disasters like drive-by shootings or a bomb. Saleeby said the glass is elevated above the level of the operators and it is a special type of glass but not totally sure if it is bullet proof. There are bollards to prevent driving through the September 19, 2017 15 building. The area for ECOM has concrete and steel filled block and rebar throughout the building. The roof structures are built stronger than most for wind load. Chairman Mallory asked if the emergency operations center will have the same construction. Saleeby said the emergency operations center and the emergency communications center are both inside the "hardened" part of the building. Commissioner Houpe feels this investment is one of the most important expenditures of both projects. OTION by Commissioner Houpe to approve and give the County Manager the authority to negotiate a contract with Froehling and Robertson Inc. for third party special inspections and material testing for the Jail Expansion and Public Safety Projects not to exceed 1% of the construction contracts for the Jail and Public Safety Projects. VOTING: Ayes — 4; Nays — 0 ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS (None) APPOINTMENTS TO BOARD AND COMMISSIONS (None) UNFINISHED BUSINESS Proposed legislative goals to be submitted to the North Carolina Association of County Commissioners: County Manager Ron Smith said county goals are requested each year by the NCACC to help them develop their goals to be submitted to the legislature. Following are goals by the County, Mitchell Community College, Mooresville Graded School District, and Iredell Statesville Schools. • Propose a five year sunset on extra territorial jurisdictional requests. ETJ is a very controversial issue. During the last session there was no legislature proposing a sunset clause but there has been proposed legislation to do away with ETJ entirely. • Support a '/4 to 10 sales tax for schools with or without a referendum. That has been proposed within the last year but there's been no movement in either of the chambers. • Revamp the Tier System. NC counties are broken into three tiers based basically on wealth. Tier One are lower wealth counties and Tier Three are higher wealth counties and Iredell is a Tier Three. A problem with this is that Iredell is basically two tiers within itself. This hurts in economic situations and state programs seem to be tied to the tier system as well. • Local control of the school calendar. This is a very popular item around the State. There were 102 bills introduced to allow school calendar flexibility. • Remove the option for school boards to sue counties over funding. • Change the school rankings criteria from 80% grow and 20% performance to a 50150 split. This also has an impact on economic development. • Support, complete, and delete in regards to toll roads. This is a recent push by the Widen I-77 group to complete the roads and then purchase it back with operation through the State. September 19, 2017 16 • Any future class size adjustments that adversely affect local funding will be covered by the State. This is the first year of a smaller class size mandate from the legislature and they have a serious impact on local funding. Commissioner McNeely does not feel this Board will ever not have a referendum for any tax, sales or otherwise, but it will keep the County from having to wait for state legislative approval to have a referendum. This removes one step of the process. Another item of concern is revamping the tier system. The problem is that 34 counties are in Tier 3 and Iredell continues to struggle for funding. Iredell County has been a good steward but is being punished. This Board needs to continue talking to legislators about changing the tier system. Another item, the `complete and delete for I-77' is a very viable option for Iredell County. Commissioner Houpe said this Board would like to see a sunset clause in releasing ETJ to a town or municipality or to an individual for a particular project. If those particular projects are not completed within two or three years then it would come back to the County's jurisdiction. This Board may also consider not releasing ETJ other than commercial or industrial situations. He suggested adding a caveat to the item concerning sales tax referendums that legislators should not reallocate any tax dollars from Iredell to any other counties. The item concerning the school calendar is important because Iredell has early college and local control is needed to allow the school systems to save money by combining bus routes, etc. The school rankings of 80/20 should be 50/50 because the unintended consequences is the judgement of a one day test, the EOG. That is the evaluation of a one day's performance out of an entire year. The current ranking system is negatively and adversely affecting economic development by giving the school a lower ranking based on this system. When the State reduced the classroom size they did not allocate funding for addition teachers, benefits, or classroom space. Chairman Mallory suggested to add another item concerning the allocation of sales tax to other counties. He feels this should be a stand-alone item and not added to the referendum concern. Commissioner McNeely said these are recommendations from this Board that will go into different committees at the Association of County Commissioners. They will consider and categorize each item. The Association has a strong voice and continuously lobby for counties. Commissioner Houpe would like to add another item concerning school property. Currently the County has the right of first refusal to buy the property if the school system is no longer using it for school purposes. However, the tax payers paid for the property up front and therefore, it should be returned to the County's control with one caveat. This property would return to the County to use, sell, or advise the school system to sell the property but the revenue needs to be dedicated to pay down debt for schools. The legislators have asked for this to be in writing as soon as possible as this could be attached to another bill in the next session. Commissioner McNeely said this can be added to the Associations' list but it should be sent directly to the legislators now. OTION by Commissioner McNeely to approve the ten items listed to be forwarded to the NCACC for their consideration. Vice Chairman Bowles expressed appreciation to Commissioners Houpe and McNeely for their participation on the General Governmental Task Force. VOTING: Ayes — 4; Nays — 0 September 19, 2017 17 General Governmental Task Force update: Ben Stikeleather said there was a meeting on August I1 to talk about land use regulations and procedures. There are four recommendations: 1) change the Board of Adjustment notification deadline. Change the application date to 45 days and the notification date to 25 days. A brochure explaining the quasi-judicial proceedings will be included. 2) Mandatory training for the Board of Adjustment members. The first one is scheduled in October and the County Attorney will be performing that training. 3) There will be a discussion with the Town of Mooresville about ETJ releases. The original recommendation was that the Board would no longer consider ETJ releases unless the municipality was the applicant. A developer would have to ask the Town to be the applicant for such a hearing. The General Governmental Task Force has plans to meet with the Town on October 3. 4) Conditional rezonings have, in the past, required a site plan. Because of that there were some non -conditional rezoning requests and it was impossible to add conditions, which was a concern for adjourning property owners. It was done this way because the owner had not decided for sure about their use and couldn't create a site plan. Therefore, the recommendation is to remove the requirement of a site plan from the process. Staff has already moved forward to the extent that the Planning Board has reviewed it once and will review it again in October. Then it should come before the Board of Commissioners in November for approval. Commissioner Houpe said there was some confusion with tax payers and property owners over a recent Board of Adjustment permit. People alleged they didn't know the process and didn't have ample time to get third party opinions. Also, training is recommended for the Planning Board as well. Stikeleather said Planning Board training is mandatory when they are initially appointed and voluntary thereafter. No one wished to speak. PUBLIC COMMENT PERIOD NEW BUSINESS (None) CLOSED SESSIONS Chairman Mallory stated a Closed Session was held immediately following the pre -agenda meeting for the purpose of Economic Development pursuant G.S. 143-318.11 (a) (4). OTION by Commissioner McNeely to call for a public hearing on October 3, 2017 at 7:00 PM regarding an economic development incentive for Project Morasaurus. VOTING: Ayes — 4; Nays — 0 COUNTY MANAGER'S REPORT County Ron Smith commented on the following items: • Fall Retreat — It is time to set a date for the Fall Retreat in order to set priorities, review capital, etc. for the next budget. Two dates, November 9 or 17, are open and each member is asked to check their schedules. This will be an all -day event. Exact date, time, and venue will be announced. Change Finder Project — This is a piece of the Pictometry Program. It shows buildings at different angles and elevations. In 2014 the number of buildings reported was 132,300 but September 19, 2017 18 through the change detection software an addition 9,625 new units were discovered. A I Ox 12 building may not require a building permit but it does require a zoning permit. This software will certainly pay for itself. Town of Harmony— Mayor Rogers shared information about the Highway 21 Annual Yard Sale on July 29. North Carolina doesn't do any traffic counts but Virginia does. The week before the market the state line recorded 5,782 trips. During the road market the state line recorded 13,445 trips which was a big economic impact. Invitation — The ribbon cutting for the Agriculture and Science Early College at North Iredell High School is September 22, 5:00 to 7:00 PM. CLOSED SESSIONS MOTION by Commissioner McNeely to enter into Closed Session pursuant to G.S. 143- 318.11 (a) (3) for Attorney Client and G.S. 143-318.11 (a) (5) for Property Acquisition at 8:55 PM. VOTING: Ayes — 4; Nays — 0 ADJOURNMENT Chairman Mallory said there were no action items as a result of the Closed Session. MOTION by Commissioner Houpe to adjourn at 10:15 PM (The next regular meeting will be Tuesday, October 3, 2017, 5:00 PM, in the South Wing Conference Room, Government Center, 200 South Center Street, Statesville, NC) VOTING: Ayes — 4; Nays — 0 Date Approved Retha C. Gaither, Clerk September 19, 2017 19