HomeMy WebLinkAboutAugust 20 2002 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
AUGUST 20, 2002
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
August 20, 2002, at 7:00 p.m., in the Iredell County Government Center, 200 South
Center Street, Statesville, NC.
Present: Chairman Sara Haire Tice
Vice Chairman Karen B. Ray
Tommy E. Bowles
Steve D. Johnson
R. Godfrey Williams
Staff Present: County Manager Joel Mashburn, County Attorney Bill Pope,
Finance Director Susan Blumenstein, Planner Ron Smith, and Clerk to the Board Jean
Moore.
CALL TO ORDER by Chairman Tice.
INVOCATION by Commissioner Bowles.
PLEDGE OF ALLEGIANCE TO THE FLAG
ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to adjust the
agenda by the following actions.
Additions; -Request for Approval of Financing Documents for the Iredell County
Government Center -South
-Request for Closed Sessions Involving Economic Development
G.S. 143-318.11 (a) (4) and Personnel — G.S. 143-318.11 (a) (6)
Deletions:, -An Appearance from Jeff McKay in Reference to an Economic Development
Project at 7:00 p.m.
• Presentation and Recommendations from Hunter Human Resources
Extension Regarding a Clerical Study for Positions Classified from Grade
57 through 65 in the Iredell County Pay Plan
• Request for a Discussion Concerning a Community Block Development
Grant for Concentrated Needs
• Request for Approval of a Budget Amendment for Lake Norman Volunteer
Fire Department Debt Retirement in the amount of $209,060
VOTING: Ayes — 5; Nays - 0.
REQUEST FOR APPROVAL OF A PROCLAMATION PROCLAIMING
SEPTEMBER 16-29, 2002 AS "LITTER SWEEP WEEK" MOTION by
Commissioner Williams to approve the following "Litter Sweep Week" proclamation.
VOTING: Ayes — 5; Nays — 0.
PROCLAMATION DECLARING
SEPTEMBER 16-29,2002 AS
"LITTER SWEEP WEEK"
WHEREAS, the North Carolina Department of Transportation annually organizes a statewide fall
roadside cleanup to assure clean and beautiful roads across our State, and to preserve a sound environment
for the generations to come, and
WHEREAS, a fall "LITTER SWEEP" roadside cleanup has been planned for September 16-29,
2002, to give government agencies, civic and professional organizations, churches, schools, businesses,
families and concerned citizens the opportunity to partner with the Department of Transportation in its goal
of clean and beautiful roadsides by organizing community cleanups in all 100 counties across the State; and
WHEREAS, Adopt -A -Highway volunteers, Department of Transportation employees, local
government officials and workers, community service workers, and environmentally concerned citizens,
annually conduct fall community roadside cleanups during "LITTER SWEEP," and may receive
Certificates of Appreciation for their efforts; and
WHEREAS, the grand natural beauty of our State and a clean environment are sources of great
pride for all North Carolinians, attracting tourists and aiding in recruiting new industries; and
WHEREAS, the 2002 fall cleanup will celebrate the I41' Anniversary of the North Carolina
Adopt -A -Highway program and the thousands of volunteers who contribute their labor and time year round
to keep our roadsides clean.
NOW, THEREFORE, the Iredell County Board of Commissioners hereby proclaims
September I6r29, 2002 as "LITTER SWEEP" in Iredell County, and encourages all citizens to take an
active role in making their communities cleaner and more beautiful.
This the 20th day of August, 2002,
REQUEST FOR APPROVAL OF A PROCLAMATION PROCLAIMING
AUGUST 25-31, 2002 AS "RACIAL HARMONY WEEK:" OTION by
Commissioner Johnson to adopt the following "Racial Harmony Week" proclamation.
VOTING: Ayes — 5; Nays — 0.
PROCLAMATION DECLARING
AUGUST 25-31, 2002 AS
"RACIAL HARMONY WEEK"
WHEREAS, S.T.A.R. (Standing Together Against Racism), a Greater Statesville Chamber of
Commerce project, will be sponsoring a series of dialogue sessions to promote public awareness and an
understanding of the diversity in our communities; and
WHEREAS, the Iredell County Board of Commissioners applauds the efforts of committees and
groups that seek to bring our citizens together to promote racial and ethnic harmony; and
WHEREAS, the Iredell County Board of Commissioners feels that open and free discussion
about our county's racial issues is the best way to bring about harmony among all of its citizens.
NOW, THEREFORE BE IT RESOLVED, that the Iredell County Board of Commissioners
proclaims the week of August 25-31, 2002, as Racial Harmony Week and recommends for its citizens to
participate in open and free discussions in an effort to bring about racial harmony throughout the county.
This the 20°i day of August, 2002.
APPOINTMENTS BEFORE THE BOARD
MR. DAVID R. SWANN, AREA DIRECTOR FOR CROSSROADS
BEHAVIORAL HEALTHCARE DISCUSSES THE "LOCAL BUSINESS PLAN"
REGARDING MENTAL HEALTH REFORM & THE IMPLEMENTATION OF
STATE PLAN 2002: BLUEPRINT FOR CHANGE: David Swann, the Area Director
for the Crossroads Behavioral Healthcare, described the Local Business Plan needing to
be developed to meet the North Carolina Department of Health & Human Services'
requirements. He said the State's plan was lengthy, and it had the following four goals:
L Consolidate area programs (There's 39 now, and the State would like no more than 20.)
2. Reduce the number of State hospital beds.
3. Best value purchasing ("Purchasing provider services and outsourcing it.")
4. Have a County Model (This would be a single -public entity that would
purchase services and shape public policy around community services for
persons needing health care.)
Swann said another goal was to direct public funds towards the target population.
He said some individuals who received assistance in the past would not be eligible for
services in the future. Mr. Swann then shared information about the following:
1. Timeline for the Local Business Plan (July 2002 — April 2003)
2. Consumer and Family Advisory Committee (CFAC)
3. Local Managing Entity Function Diagram
2
4. Parameter Sheet Detailing how Crossroads would become a Local Managing
Entity
5. A Listing Showing the General Preferences for Selecting Providers
6. "Talking Points" Sheet
Mr. Swann said Crossroads in the future would become less identified as a service
provider and more identified as a service manager. He said the focus in the future would
be to shift resources towards a smaller group of people (target population), or the ones
having the most serious needs.
county.
Attorney Pope asked if the providers would be competing.
Swann said yes, unless they were the only provider offering the service.
Commissioner Johnson asked if Crossroads would become larger or add another
Swann said probably.
Commissioner Bowles asked the number of employees Crossroads would have in
the future.
Swann said that on a regional basis, probably 50 to 100 people.
Chairman Tice asked Mr. Swann if any action was needed.
Swann said no. He said he was giving an update, and he was just trying to ensure
that the Local Business Plan was "going in the right direction" with the commissioners.
PUBLIC HEARING
Chairman Tice declared the meeting to be in a public hearing.
CONSIDERATION OF A ZONING ORDINANCE AMENDMENT THAT
WILL ALLOW NON-PROFIT RETREAT CENTERS IN RESORT
RESIDENTIAL (RR) DISTRICTS AS A "SPECIAL USE": Planning Supervisor
Smith said a zoning ordinance amendment had been prepared to allow non-profit retreats
in the RR district as a special use. He said that on May 7, 2002, the ordinance was
amended to allow the retreats as a permitted use, but the staff and planning board were
now recommending that in RR districts, a special use permit be required. Smith said the
change would require non-profit retreat centers (RR district) to be reviewed by the board
of adjustment. In addition, he said the centers would have to meet criteria in the
ordinance as well as the special use requirements. Smith said the planning board
recommended approval of the most recent amendment on August 7, 2002.
Attorney Bedford Cannon spoke in favor of the amendment. He said the residents
near the North Carolina Quiet Waters Christian Fellowship Inc., retreat were concerned
about the facility and its usage. Mr. Cannon said he understood the facility derived some
of its revenues from its occupants. Cannon said the area residents were not trying to
"assault" non -profits, but they were concerned about the way the retreat derived its
funding. He said that, basically, the retreat was operating a business with 70 or 80 guests
at any given time. Mr. Cannon said he would ask that rather than allowing non -profits in
the Resort Residential district "by right," that they be considered as a special use and
taken up on a case-by-case basis.
Mr. Cannon asked the individuals in the audience who were in favor of the
amendment to stand up. Approximately 50 people stood up.
No one else desired to speak, and Chairman Tice adjourned the public hearing.
3
MOTION by Commissioner Johnson to concur with the recommendation of the
planning board and to allow non-profit retreat centers in Resort Residential Districts as a
special use and not as a permitted use.
VOTING: Ayes — 5; Nays — 0.
ADMINISTRATIVE MATTERS
----------------------------------------CONSENT AGENDA ----------------------------------------
MOTION by Commissioner Johnson to approve the following twelve (12)
consent agenda items.
VOTING: Ayes — 5; Nays — 0.
1. REQUEST FOR THE POSTPONEMENT OF THE MECKLYNN ROAD
REZONING PUBLIC HEARING (RESIDENTIAL AGRICULTURAL TO
MULTI -FAMILY RESIDENTIAL DISTRICT) UNTIL OCTOBER 2002: (The
postponement was requested by both the applicant and the citizens in opposition to the
rezoning.)
2. REQUEST FOR APPROVAL OF A REVISED CABARRUS/IREDELL/ROWAN
CONSORTIUM JOINT COOPERATION AGREEMENT FOR THE HOME
INVESTMENT PARTNERSHIP ACT & APPROVAL OF A RESOLUTION
REGARDING THE SAME: (The resolution is as follows.)
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE IREDELL COUNTY BOARD OF
COMMISSIONERS TO ENTER INTO A JOINT COOPERATION AGREEMENT EXTENDING
THE CABARRUS/IREDELL/ROWAN HOUSING CONSORTIUM
WHEREAS, the County of Iredell, North Carolina has determined that the health and welfare of
its jurisdiction may benefit from increasing the availability of safe, affordable and standard housing; and
WHEREAS, the County of Iredell has determined that providing safe, affordable, and standard
housing will benefit work force productivity and area economic development; and
WHEREAS, a cooperative approach to providing housing in Cabarrus, Iredell and Rowan counties
will avoid duplication of effort and promote more effective delivery of housing services; and
WHEREAS, a consortium of local governments may be entitled to receive funds from the U.S.
Department of Housing and Urban Development, that they would be unqualified to receive individually;
and
WHEREAS, the Cranston -Gonzalez National Affordable Housing Act of 1990 makes provisions
whereby units of general local governments may enter into cooperation agreements and form consortia to
undertake or assist in undertaking affordable housing pursuant to the HOME Investment Partnership
Program; and
WHEREAS, the County of Iredell, North Carolina, along with other units of general local
governments, with the City of Concord as the lead entity, desire to form the Cabarrus/Iredell/Rowan
Housing Consortium to undertake or assist in undertaking affordable housing under the Cranston -Gonzalez
National Affordable Housing Act of 1990; and
WHEREAS, Article 20 of Chapter 160A of the North Carolina General Statutes authorize units of
local government to enter into contracts or agreements with each other in order to execute any undertaking;
and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY OF IREDELL THAT:
I. The County of Iredell hereby supports the continuation of the Cabarrus/Iredell/ Rowan
Housing Consortium. The Chairman of the Board of Commissioners is authorized to execute
an agreement with other participating units of general purpose local government in
Cabarrus/Iredelt/Rowan counties to sustain this Consortium; and
2. The Chairman is further authorized to sign all contracts, grant agreements, including
certifications, approved by the County Attorney, with the Department of Housing and Urban
Development, the State of North Carolina or other agencies as may be required to carry out
activities of the Consortium.
4
3. REQUEST FOR APPROVAL OF BUDGET AMENDMENT #4 REGARDING
THE FUND BALANCE RELEASE OF $100,000 FOR MOUNT MOURNE
VOLUNTEER FIRE DEPARTMENT
4. REQUEST FOR APPROVAL OF THE JULY 2002 REFUNDS & RELEASES
Releases
County
14,412.82
Solid Waste Fees
253.00
E. Alex. Co. Fire #1
25.16
Shepherd's Fire #2
201.45
Mount Mourne Fire #3
69.37
All County Fire #4
549.45
Statesville City
1,688.55
Statesville Downtown
0
Mooresville Town
2,938.46
Mooresville Downtown
0
Mooresville School
815.00
Love Valley
0
Harmony
0
Troutman
198.40
Releases
County
1,623.73
Solid Waste Fees
1.00
E. Alex. Co. Fire #1
0
Shepherd's Fire #2
7.25
Mount Mourne Fire #3
0
All County Fire #4
10.50
Statesville City
0
Statesville Downtown
0
Mooresville Town
12.33
Mooresville Downtown
0
Mooresville School
19.19
Love Valley
0
Harmony
0
Troutman
1,060.32
$21,151.66
2,734.32
5. REQUEST FOR APPROVAL OF THE HAZARD MITIGATION PLAN
6. REQUEST FROM THE HEALTH DEPARTMENT FOR APPROVAL OF
BUDGET AMENDMENT #5 & PERMISSION TO AUTHORIZE UP TO $111,285
IN DEFERRED REVENUES FROM MEDICAID MAXIMIZATION FUNDS FOR
RESPECTIVE HEALTH DEPARTMENT PROGRAMS AND RE -DIRECT
PREVIOUSLY BUDGETED COUNTY FUNDS FOR POSSIBLE WEST NILE
VIRUS PROGRAM
7. REQUEST FOR THE DENIAL OF AN EXCISE TAX REIMBURSEMENT
FOR THE FOODMAN, SURANE, HUNTER AND KARRES LAW FIRM
8. REQUEST FOR APPROVAL TO PARTICIPATE IN A GRADUATE
STUDIES PROJECT WITH UNC -CHARLOTTE FOR THE PREPARATION OF
A CAPITAL IMPROVEMENT PLAN
9. REQUEST FOR APPROVAL TO USE CENTRALINA COG MEMBERSHIP
HOURS FOR GREATER STATESVILLE DEVELOPMENT CORPORATION
PROFILE UPDATES FOR FISCAL YEAR 02-03
10. REQUEST FOR THE DESIGNATION OF COMMISSIONER GODFREY
WILLIAMS AS THE VOTING DELEGATE FOR THE ANNUAL
CONFERENCE OF THE NORTH CAROLINA ASSOCIATION OF COUNTY
COMMISSIONERS ON AUGUST 22-25,2002
r
11. REQUEST FOR APPROVAL TO CANCEL THE MEETINGS SCHEDULED
ON TUESDAY, NOVEMBER 5, 2002 (ELECTION DAY) AND TO
RESCHEDULE THEM FOR MONDAY, NOVEMBER 4,2002: (The briefing will
be at 5 p.m., and the regular business session will be at 7 p.m.)
12. REQUEST FOR APPROVAL OF THE AUGUST 6, 2002 MINUTES
(Note: The briefing minutes describe some of the consent agenda items.)
END OF CONSENT AGENDA ---------------------------------
REQUEST FOR APPROVAL OF FINANCING DOCUMENTS FOR THE
IREDELL COUNTY GOVERNMENT CENTER -SOUTH (ICGC-S) FACILITY:
In the agenda briefing, Finance Director Blumenstein said nothing had been changed
from the previous meetings pertaining to the ICGC-S installment financing, e.g., interest
rate. She said the financing resolution basically gave the chairman and members of the
staff permission to sign the documents.
Attorney Pope said the General Statutes allowed counties to participate in
installment financings. He said the ICGC-S property would be pledged as the collateral.
Pope said there would be no deficiency judgment -- the only recourse for the lender
would be against the property.
Chairman Tice introduced the following resolution and read its title to the
audience.
RESOLUTION APPROVING A PROPOSED INSTALLMENT
FINANCING AGREEMENT TO FINANCE THE COST OF
ACQUIRING CERTAIN REAL PROPERTY AND
RENOVATING THE BUILDING LOCATED THEREON FOR
USE AS COUNTY COURT AND OFFICE FACILITIES,
APPROVING CERTAIN OTHER DOCUMENTS AND
ACTIONS RELATING THERETO AND AUTHORIZING
OTHER OFFICIAL ACTION IN CONNECTION THEREWITH
WHEREAS, the County of Iredeil, North Carolina (the "County") has
determined that it is necessary and expedient to finance (i) the acquisition of
certain real property in Mooresville, North Carolina, including the refinancing of
a promissory note issued by the County to provide interim financing for such
acquisition, and (ii) the renovation of the building located thereon for use as
County court and office facilities (collectively, the "Project'); and
WHEREAS, in order to effectuate the financing of the Project, the County
and Bank of America, N.A. (the "Bank") propose to enter into an Installment
Financing Agreement (as hereinafter defined), pursuant to the authority granted to
the County under Section 160A-20 of the General Statutes of North Carolina; and
WHEREAS, the Board of Commissioners has determined that it is in the best
interests of the County that the County enter into said Installment Financing
Agreement to make available to the County funds with which to finance the cost
of the Project; and
WHEREAS, in connection with such financing, it is necessary for the County
to approve certain other documents relating thereto and to authorize certain action
in connection therewith; and
WHEREAS, there have been presented at this meeting copies of the
following documents relating to the financing of the Project:
(a) a draft of the proposed Installment Financing Agreement, to be dated as of
August 30, 2002 or another mutually agreeable date (the "Installment Financing
6
Agreement"), between the County and the Bank, pursuant to which the Bank will
make available to the County funds to finance the cost of the Project, and the
County will, among other requirements, be obligated to make Installment
Payments (as defined in the Installment Financing Agreement) and certain other
payments; and
(b) a draft of the proposed Deed of Trust, to be dated as of August 30, 2002 or
another mutually agreeable date (the "Deed of Trust'), from the County to
PRLAP, Inc., as deed of trust trustee; for the benefit of the Bank, by which the
County will secure its obligations to the Bank under the Installment Financing
Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners for
the County of Iredell, North Carolina:
Section 1. Capitalized words and terms used in this resolution and not defined
herein shall have the same meanings in this resolution as such words and terms
are given in the Installment Financing Agreement.
Section 2. The forms, terms and provisions of the Installment Financing
Agreement and the Deed of Trust are hereby approved in all respects, and the
Chairman or Vice Chairman of the Board of Commissioners, the County
Manager, the Director of Finance and Administration, the Clerk to the Board of
Commissioners, and the County Attorney, are hereby authorized and directed to
execute and deliver the Installment Financing Agreement and the Deed of Trust,
in substantially the forms presented at this meeting, together with any changes,
modifications and deletions as they, with the advice of counsel, may deem
necessary and appropriate; such execution and delivery shall be conclusive
evidence of the approval and authorization thereof by the County.
Section 3. The Chairman or Vice Chairman of the Board of Commissioners,
the County Manager, the Director of Finance and Administration, the County
Attorney, and the Clerk to the Board of Commissioners, are authorized and
directed to take such action and to execute and deliver such documents,
certificates, undertakings, agreements and other instruments as they, with the
advice of counsel, may deem necessary or appropriate to effectuate the
transactions contemplated by the Installment Financing Agreement and the Deed
of Trust.
Section 4. This resolution shall take effect immediately upon its passage.
AFTER CONSIDERATION OF THE FOREGOING RESOLUTION,
COMMISSIONER RAY MOVED THE PASSAGE THEREOF, WHICH
MOTION WAS DULY SECONDED BY CHAIRMAN TICE, AND THE
FOREGOING RESOLUTION WAS PASSED BY THE FOLLOWING VOTE:
Ayes — 4 (Tice/Ray/Bowles/Williams)
Noes — I (Johnson)
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS &
COMMISSIONS OR REAPPOINTMENTS TO COMMITTEES
Welfare Reform Committee (10 mandatory appointments)
APPOINTMENTS TO BOARDS & COMMISSIONS
Juvenile Crime Prevention Council (2 appts.): No nominations were
submitted, and Chairman Tice �noyed to postpone the appointments until the
September 3 meeting.
VOTING: Ayes — 5; Nays — 0.
N
Rellion F A$in$ Advisory Committee (2 appts.): Commissioner
Williams nominated Barbara Barrier.
No other nominations were submitted. Chairman Tice Fwdl to appoint
Barrier and to postpone the alternate position appointment until the September 3
meeting.
VOTING: Ayes — 5; Nays — 0.
Home and Community Care Block Grant Advisory Committee (1
a t.: Commissioner Ray nominated Lynda Sloan.
No other nominations were submitted, and Chairman Tice move to close
the nominations and appoint Sloan by acclamation.
VOTING: Ayes — 5; Nays — 0.
Nursing Home Advisory Committee (1 aypt.): No nominations were
submitted, and Chairman Tice move to postpone the appointment until the
September 3 meeting.
VOTING: Ayes — 5; Nays — 0.
Adult Care Home Advisory Committee (1 apyt.): No nominations
were submitted, and Chairman Tice Inlove4 to postpone the appointment until
the September 3 meeting.
VOTING: Ayes — 5; Nays — 0.
COUNTY MANAGER'S REPORT: The county manager said a
written activity report had been distributed. He also said the ten-day attendance
report from the two school systems had been received. Mashburn said the
Iredell-Statesville School System reported an increase of 856 students since this
same time last year. He said the Mooresville Graded School System indicated it
had 87 more students. Mashburn said he did not have any figures for the charter
and private schools.
Joint Meeting with the Iredell-Statesville School Board: Mashburn said
the Iredell-Statesville School Board had requested a joint meeting with the
commissioners. The commissioners agreed to meet with the school board on
Monday, September 23.
Joint Meeting with the Social Services Board: Mashburn said the Social
Services Board had requested a meeting to discuss space or facility needs. The
commissioners agreed to meet with the Social Services Board on Tuesday,
October 8.
Update on North Carolina Budget: Finance Director Blumenstein gave a
status report on the differences between the House and Senate budgets. Mrs.
Blumenstein said the State was operating on a two-year budget. She also
mentioned that the Moody's Investor Service had lowered the State's bond rating
due to the unbalanced budget.
CLOSED SESSION: MOTION by Chairman Tice to enter into closed
session at 9:35 p.m. for the purpose of discussing matters relating to Economic
Development: G.S. 143-318.11 (a) 4 and Personnel: G.S. 143-318.11 (a) 6.
VOTING: Ayes — 5; Nays — 0.
(Return to Open Session at 9:50 p.m.)
i
CALL FOR A PUBLIC HEARING ON SEPTEMBER 3
REGARDING AN ECONOMIC DEVELOPMENT INCENTIVE: MOTION
by Commissioner Ray to call for a public hearing on September 3, 2002, at 7:00
p.m., for the consideration of an economic development incentive in the amount
of $112,800 (over a five-year period) for Millard Refrigeration based on a $6
million investment.
VOTING: Ayes — 5; Nays — 0.
CALL FOR A PUBLIC HEARING ON SEPTEMBER 3
REGARDING AN ECONOMIC DEVELOPMENT INCENTIVE: OTION
by Commissioner Williams to call for a public hearing on September 3, 2002, at
7:00 p.m., for the consideration of an economic development incentive in the
amount of $146,640 (over a five-year period) for BestSweet, Inc., based on a $7.8
million investment.
VOTING: Ayes — 5; Nays — 0.
ADJOURNMENT: MOTION by Chairman Tice to adjourn the meeting
at 9:51 p.m. NEXT MEETING: Tuesday, September 3, 2002 (5 p.m. and 7 p.m.)
in the Iredell County Government Center, 200 South Center Street, Statesville,
NC.
VOTING: Ayes — 5; Nays — 0.
Approved:
9
Clerk to the Board