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HomeMy WebLinkAboutOctober 15 2002 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES OCTOBER 15, 2002 The Iredell County Board of Commissioners met in Regular Session on Tuesday, October 15, 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, Planning Supervisor Ron Smith, EMS Director Tracy Jackson, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice. INVOCATION by Commissioner Johnson. PLEDGE OF ALLEGIANCE TO THE FLAG: The pledge was led by Boy Scout Troop 174 of Troutman, NC. The scouts attending were: Daniel Knox, Amos London, Edward Haley, Ryan Sherrill, Matt Joyner, Casey Hoover, and Kyle Brome. The scout leaders accompanying the boys were: Dennis Hoover, Tom Sherrill, Harold Haley, and Mark London. ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to adjust the agenda by: Deletions: Request from the Shepherd's Volunteer Fire Department to Either Drawdown Fund Balance or to be Given Permission to Borrow Additional Funds for the Completion of a new Building Additions: Request for Approval to Waive Tipping Fees when the County Demolishes Structures near the Current Library and Debris Fees Associated with the Renovations of the Iredell County Government Center -South Request for Approval of Budget Amendment #14 for the Recognition of a $10,000 Grant from the State for the Harmony Library and County Funding of $150,000 VOTING: Ayes — 5; Nays — 0. RECOGNITION OF LARRY DICKERSON: Larry Dickerson, the county's former Director of Emergency Communications and Emergency Management, retired on September 30, 2002. Chairman Tice presented Dickerson with a plaque and thanked him for his many years of service. Tice also thanked Dickerson for agreeing to remain as the county's emergency management consultant on an "as needed basis." County Manager Joel Mashburn presented an "Order of the Long Leaf Pine" award to Mr. Dickerson. Mashburn said the award was presented to individuals who had a proven record of service to the State of North Carolina. Dickerson, an employee of the county since 1973, was accompanied to the meeting by his wife, Cynthia. PRESENTATION OF THE TAXPAYER FRIEND AWARD FROM MR. BUDDY HEMRIC, A REPRESENTATIVE OF THE IREDELL CITIZENS FOR INTEGRITY ORGANIZATION: Hemric presented the 2002 Taxpayer Friend Award to Commissioner Steve Johnson. --------------------------------------CONSENT AGENDA -------------------------------- MOTION by Commissioner Johnson to approve the following ten (10) consent agenda items. VOTING: Ayes — 5; Nays — 0 1. REQUEST FOR APPROVAL TO ALLOW THE COUNTY TO BE USED AS A PASS-THROUGH FOR CRIMINAL JUSTICE PARTNERSHIP PROGRAM (CJPP) FUNDS ($91,447) FOR THE IREDELL RESOURCE CENTER, ALONG WITH A REQUEST FOR THE APPROVAL OF BUDGET AMENDMENT #11A & APPROVAL OF A CONTRACT WITH APPROPRIATE PUNISHMENT OPTIONS TO ADMINISTER THE RESOURCE FACILITY: During the briefing, Appropriate Punishment Options Director Pam Navey said the State was now referring to the CJPP facilities as resource centers instead of day reporting centers. She said funding of $91,447 had been awarded to the county's resource center for the next nine months. 2. REQUEST FOR APPROVAL OF A RESOLUTION AUTHORIZING THE TRANSPORTATION DIRECTOR TO COMPLETE AN APPLICATION FOR THE FY 2004 COMMUNITY TRANSPORTATION PROGRAM & CALL FOR A PUBLIC HEARING ON MONDAY, NOVEMBER 4, 2002 AT 7:00 P.M.: Transportation Director Ben Garrison appeared before the board during the briefing and requested approval of the following resolution. Community Transportation Program Resolution WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for administering federal and state public transportation funds; and WHEREAS, the North Carolina Department of Transportation will apply for a grant from the U.S. Department of Transportation, Federal Transit Administration and will receive funds from the North Carolina General Assembly to provide assistance for rural public transportation projects; and WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the provision of rural public transportation services consistent with the policy requirements for planning, community and agency involvement, service design, service alternatives, training and conference participation, reporting and other requirements (drug and alcohol testing policy and program, disadvantaged business enterprise program, and fully allocated costs analysis); and WHEREAS, Iredell County hereby assures and certifies that it will comply with the federal and State statutes, regulations, executive orders, Section 5333 (b) Warranty, and all administrative requirements which relates to the applications made to and grants received from the Federal Transit Administration, as well as the provisions of Section 1001 of Title 18, U.S.C. NOW, THEREFORE, be it resolved that the Transportation Director for the Iredell County Board of Commissioners is hereby authorized to submit a grant application for federal and state funding, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide rural public transportation services. 2 3. REQUEST FROM THE SOCIAL SERVICES DEPARTMENT FOR APPROVAL OF THE WORK FIRST PLAN (ELECTING COUNTY) FOR FY 2003-2005: Social Services Director Don Wall, Social Services Income Maintenance Administrator Lynn Deal, and Social Work Supervisor Linda Bledsoe explained during the briefing that the Welfare Reform Committee had met and drafted the Work First Plan. Bledsoe said the following two revisions had been made to the previous plan. a. Exemption from the Work Requirements Caretaker of a child less than three months is not subject to Work First Employment Services. This is a three month lifetime exemption. (The present exemption is for 12 months.) b. Employment Services There will be a 40 -hour weekly employment activity instead of the present 35 - hour requirement. (During the briefing, Commissioner Johnson said the revisions had been unanimously approved by the Welfare Reform committee.) 4. REQUEST FOR APPROVAL OF BUDGET AMENDMENT #12 IN RECOGNITION OF $50,000 RECEIVED FROM THE DUKE ENDOWMENT AS A PASS-THROUGH GRANT TO THE IREDELL PARTNERSHIP FOR YOUNG CHILDREN: A letter received from the Duke Endowment advised that $50,000 had been awarded for second -year funding of a three-year grant for child-care services. Social Services Director Wall advised during the briefing that no county funds were involved in the grant award. 5. REQUEST FOR APPROVAL OF THE SEPTEMBER REFUNDS & RELEASES: The following refunds and releases were approved. Breakdown of Releases $196,907.93 County $ 126,204.43 Solid Waste Fees 1,028.00 East Alexander County Fire #1 48.41 Shepherd's Fire #2 464.32 Mt. Mourne Fire #3 320.60 All County Fire #4 6,725.87 Statesville City 5,360.60 Statesville Downtown 57.60 Mooresville Town 47,858.48 Mooresville Downtown 0 Mooresville School 8,200.53 Love Valley 0 Harmony 33.11 Troutman 605.98 Breakdown of Refunds S 67,850.01 County 1,698.11 Solid Waste Fees 0 East Alexander County Fire #1 0 Shepherd's Fire #2 15.57 Mt. Mourne Fire #3 19.31 All County Fire #4 2,883.83 Statesville City 62,855.75 Statesville Downtown 0 Mooresville Town 282.51 Mooresville Downtown 0 Mooresville School 94.93 Love Valley 0 Harmony 0 Troutman 0 3 6. REQUEST FOR APPROVAL OF THE CERTIFICATION OF INTEREST INVOLVING THE $400,000.00 AWARD FROM THE NORTH CAROLINA DEPARTMENT OF COMMERCE/DIVISION OF COMMUNITY ASSISTANCE FOR THE 2003 SCATTERED SITE HOUSING PROGRAM: County Manager Mashburn said during the briefing that the non-competitive scattered site housing funds were distributed every three years, and a third of the State's counties were selected each year. He said the focus of the program was to improve the homes of low-income families. Mashburn said the only decision that was needed at the present time was a determination on whether or not the county wanted to participate in the program. He said a starter grant of $10,000 was available, and it was permissible for the county to contract with another organization to handle the administrative work. 7. REQUEST FOR APPROVAL OF AN INTER -LOCAL GOVERNMENT AGREEMENT BETWEEN THE COUNTY AND THE CITY OF STATESVILLE REGARDING THE NEW IREDELL COUNTY LIBRARY TO BE LOCATED IN THE DOWNTOWN STATESVILLE TAX DISTRICT & APPROVAL OF THE AMENDED CAPITAL PROJECT ORDINANCE ALONG WITH BUDGET AMENDMENT #13: The inter -local agreement was approved, contingent upon the county receiving the $1,000,000.00 from the City of Statesville stipulated in the document, along with the other contributions cited by Statesville Mayor John Marshall at the commissioners' meeting held on August 6, 2002 (patron pledges of $200,000 and $75,000, along with a brick donation estimated to be worth $50,000). The revised Capital Project Ordinance is as follows. Iredell County, North Carolina Amended Capital Project Ordinance Iredell County Public Library Be it Ordained by the Board of County Commissioners of Iredell County, North Carolina: Section 1. Funds for this Capital Project Fund will be provided from the following source: City of Statesville Contribution 1,000,000 Transfers from Capital Reserve Fund 5,377,682 6 Section 2. The following costs for the design, construction, and furnishing of the Iredell County Public Library are to be financed by this fund: Design, Engineering & Other Costs 344,700 Property Acquisition 495,000 Demolition & Land Preparation 75,000 General Construction 5,472,982 6 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. Payments from the City of Statesville will be in accordance with the agreement between the City and Iredell County. Section 6. County funds remaining in this Capital Project Fund, after completion of the construction project, will be transferred back to the Capital Reserve Fund. This amended ordinance being effective October 15, 2002. 4 8. REQUEST FOR APPROVAL OF THE SEPTEMBER 17, 2002 MINUTES, THE SEPTEMBER 23, 2002 MINUTES, THE OCTOBER 1, 2002 MINUTES, AND THE OCTOBER 8, 2002 MINUTES 9. REQUEST FOR APPROVAL TO WAIVE THE TIPPING FEES WHEN THE COUNTY DEMOLISHES STRUCTURES NEAR THE CURRENT LIBRARY AND THE DEBRIS FEES ASSOCIATED WITH THE RENOVATIONS OF THE IREDELL COUNTY GOVERNMENT CENTER -SOUTH: During the briefing, County Manager Mashburn said three properties at the corner of Tradd and Water Street had been purchased to offer additional parking for the new library. He said several structures would need to be demolished, and he was recommending that the solid waste demolition fee be waived for the debris materials. In addition, he mentioned that debris would be accumulated from the Iredell County Government Center renovations in Mooresville, and he recommended a waiver for these materials also. 10. REQUEST FOR APPROVAL OF BUDGET AMENDMENT #14 FOR THE RECOGNITION OF A $10,000 GRANT FROM THE STATE FOR THE HARMONY LIBRARY AND COUNTY FUNDING OF $150,000: On October 1, 2002, Library Director Steve Messick presented a $159,970 Harmony Library budget. The budget was approved, and this amendment will recognize the $160,000 ($10,000 in Library Services and Construction Act (LSCA) funds and $150,000 in county funding). -----------------------------------END OF CONSENT AGENDA ----------------------- REQUEST FOR THE CONSIDERATION OF A RESOLUTION TO LEVY THE THIRD ONE-HALF CENT SALES TAX TO BECOME EFFECTIVE DECEMBER 1, 2002: County Manager Mashburn said the present session of the General Assembly voted to authorize local governments permission to implement a one-half cent sales tax. He said an acceleration in the implementation time had occurred due to the State "going back on a commitment pertaining to reimbursements to local governments." Mashburn said that in the past, the county had been receiving nearly $3 million from the State. He continued by saying that in addition to this lost revenue, the State would be withholding $1 million in Public School Capital Projects funding. Mr. Mashburn said that if the county did not approve the sales tax resolution, the municipalities would be ineligible for the additional half cent increase. He said that if the sales tax rate were increased, the projected sales tax revenue for the municipalities and county, if implemented as of December 1 would be: Iredell County $2,474,781 Harmony 11,109 Love Valley 878 Mooresville 371,986 Statesville 472,734 Troutman $ 35,121 Commissioner Johnson asked if the $700,000 that had been set aside in a reserve fund for the schools would be reinstated. Mashburn said yes. He said that due to the State not releasing the county's reimbursements, the FY 2002-03 budget had been balanced by borrowing $2,351,216 from the Solid Waste Escrow fund for Closure & Post - Closure Costs and by retaining $761,904 in a reserve fund for school current expense. OTION by Commissioner Williams, with reservations, to adopt the Resolution to Levy the Third One -Half Cent Sales Tax, as Proposed by the North Carolina General Assembly, to become effective December 1, 2002. r Commissioner Johnson said he had recently observed Governor Easley's "propagandists" saying the Governor had no choice but to withhold the reimbursements due to the fact that he (Governor) was compelled by law to balance the budget. Johnson said the "no choice" statements were "baseless" and showed "no semblance of fact." He continued by saying: Fact 1: The Governor has had several choices, and at each juncture he has made the wrong choice. Jim Hunt has left the Governor's office twice, and each time the State has been in a budget deficit. Easley knew this when he took office. There was a def cit of between $2 to $4 million. During the winter the deficit grew, but the State was using optimistic economic forecasts when numerous economists had agreed the State was in an economic slowdown. Easley did not listen to the forecasters, instead he continued spending by pushing new programs and services. The budget deficit grew reaching over a billion dollars. Easley then raised taxes. When you raise taxes it reduces people's disposable income, they have less money -- fewer jobs are created, proms are less, and it makes the economic turndown worse. Corporate income taxes are now the highest in the southeast Easley raised the marginal personal income tax, and it's now the highest in the southeast Now, we will have the highest sales tax in the southeast, with the exclusion of Tennessee which has no personal income taxes. Easley had choices, but he made the wrong choices. As a percent of income in the southeast, North Carolina ranks number one. As a percent of the gross disposable product in the State, we rank number one in the percentage of wealth confiscated in the form of corporate income taxes. The State budget office said that the budget decisions in Raleigh to confiscate money that was due to the cities and counties would force local governments to raise property taxes, statewide, by $60 million. That is a statement from the State budget office. After the Governor confiscated the money, he continued by creating new programs. When the legislative leaders in his own party expressed concerns about the new programs in a tight budget year, the Governor threatened to veto the budget if it did not include his expansion part The law makers made cuts to prisons, public health, and other departments to raise some of the money. The State budget office then used $6 million in non-recurring money to fund expenditures likely to continue next year. How will the budget be balanced next year? It's apparent the Governor is not finished raising taxes. Contrary to what the Governor says, he has cut education funding. Here in Iredell County over $900,000 has been cut by the State,for education. New educational programs are being mandated by the State, but the State is only funding one half of the portion. About $3 million was owed to the county, and the Governor neglected to pay his bill. He chose to spend the money on something else. Statesville, Mooresville, Troutman, Harmony, and Love Valley did not get the money owed to them. The Governor also took $1 million in Medicaid costs, that was previously, paid by the State, and put the funding burden on the county and its taxpayers. Fact 2: Hard times have hit everywhere except in the Governor's off v. As of June 4 in the Governor's office, there were 65 employees. The senior assistant for government Affairs is paid an annual salary of $139,625, the senior assistant for policy/legal matters is paid $139,000, eight other members have salaries ranging from $83,000 to $119,000. There is an executive assistant to the First Lady, who teaches at North Carolina Central University, and this person makes $48,000. A Hispanic -Latin Liaison is paid $75,625 each year, and o food director is paid $51,995. The salaries for the guards and chauffeurs are not included. These salaries appeared in the Dunn Daily Record. Johnson said it was not his desire to pass the sales tax resolution, but the county taxpayers would be faced with a property tax increase otherwise. AMENDMENT TO THE MOTION: Commissioner Bowles made an amendment to Commissioner Williams' motion. The amendment was: That the sales tax replace the amount budgeted as a loan from Solid Waste with the difference to be appropriated to the schools. 6 Commissioner Williams agreed to the amendment. Chairman Tice said the sales tax was the lesser of two evils (property tax increase versus a sales tax increase) and that Iredell's budget problems were the same as the other 99 counties in the State. Mrs. Tice said the situation had not occurred by any action of the board of commissioners, and many citizens had indicated they preferred a sales tax increase over a property tax increase. AMENDMENT VOTING: Ayes — 4; Nays — 1 (Ray) Commissioner Ray said she was totally sympathetic to the commissioners and the dilemma created by Governor Easley by not reimbursing the local governments. Ray stated she had been elected to serve in the North Carolina General Assembly, as a member of the House of Representatives, and she planned to do her part to ensure that local governments and boards of commissioners were not caught in this type of situation in the future. The adopted sales tax resolution is as follows. County of Iredell The State of North Carolina RESOLUTION LEVYING THE THIRD ONE-HALF CENT (1/2¢) LOCAL GOVERNMENT SALES AND USE TAX AND PRESCRIBING THE METHOD OF DISTRIBUTION OF THE PROCEEDS WITHIN IREDELL COUNTY WHEREAS, the General Assembly has authorized the Iredell County Board of Commissioners to levy a one-half percent (1/2%) local sales and use tax by enacting N.C.G.S. 105-517(b) in Section 34.14(a) of Session Law 2001-424, as amended by S.L. 2002-123, "An Act to Accelerate the Additional One-half Cent (1/2¢) Local Option Sales and Use Tax and to Make Conforming and Technical Changes;" and WHEREAS, the Iredell County Board of Commissioners gave proper public notice of the Board's intent to consider this resolution, as required by Section 10 of S.L. 2002-123; and WHEREAS, Iredell County has lost $2,962,940.00 in funds made available by the State of North Carolina to replace revenue lost because of legislative action: (1) to repeal sales taxes imposed on purchases made with Food Stamps; (2) to repeal property taxes imposed on inventories held by manufacturers, retailers and wholesalers; (3) to repeal taxes on intangible personal property; and (4) to reduce taxes levied on residential property owned by low-income elderly taxpayers; and WHEREAS, the Iredell County Board of Commissioners hereby finds that, particularly in light of the circumstances cited herein, the levy of "The Third One -Half Cent (1/2¢) Local Government Sales and Use Tax" is necessary to adequately finance the operations of the county and the cities and towns herein. NOW, THEREFORE, BE IT RESOLVED by the Iredell County Board of Commissioners that: (1) There is hereby imposed and levied within Iredell County the third one-half cent (1/2¢) Local Government Sales and Use Tax authorized by Section 34.14(a) of S.L. 2001-424, as amended by S.L. 2002-123, and codified as Article 44 of Chapter 105 of the General Statutes of North Carolina. The tax hereby imposed and levied shall apply to the same extent and be subject to the same limitations as are set forth in said S.L. 2001-424. N (2) Collection of the tax by the North Carolina Secretary of Revenue, and liability therefore, shall begin and continue on and after the first day of December, 2002. (3) The net proceeds of the tax levied herein shall be distributed by the Secretary of Revenue to Iredell County as prescribed by N.C.G.S. 105-520. The amount distributed to Iredeil County shall be divided among the county and the municipalities herein in accordance with the method by which the one percent (1%) sales and use tax levied in Iredell County, pursuant to Article 39 of General Statutes Chapter 105, are distributed. (4) This Resolution is effective upon its adoption, and a certified copy hereof shall be forwarded to the North Carolina Secretary of Revenue. Adopted this 15`" day of October, 2002. APPOINTMENTS TO BOARDS & COMMISSIONS Region F Aging Advisory Committee (1 alternate appointment): No nominations were submitted, and Chairman Tice move to postpone this appointment until the November 4 meeting. VOTING: Ayes - 5; Nays - 0 were submitted, and Chairman Tice November 4 meeting. VOTING: Ayes — 5; Nays — 0. �e (1 appointment): No nominations to postpone this appointment until the Adult Care Home Community Advisory Committee (3 appointments): No nominations were submitted, and Chairman Tice moved to postpone the three appointments until the November 4 meeting. VOTING: Ayes — 5; Nays — 0. Centralina Workforce Development Board 1 appointment): No nominations were submitted, and Chairman Tice moved to postpone this appointment until the November 4 meeting. VOTING: Ayes — 5; Nays — 0. JUVENILE CRIME PREVENTION COUNCIL (I appointment): Commissioner Bowles nominated Kevin Denny. No other nominations were submitted, and Chairman Tice move to appoint Denny by acclamation. VOTING: Ayes — 5; Nays — 0. NEW BUSINESS ECONOMIC INCENTIVE CONTRACTS: Commissioner Johnson mentioned the recent Eaton Corporation (Aeroquip-Vickers) announcement of plans to close its manufacturing plant in Iredell County and relocate to Mexico. He said the industry had been awarded an incentive to locate here, but before the county could recover its investment, the company was closing. Mr. Johnson said he felt that before any future economic incentive agreements were approved, some guarantee should be given by the companies of their willingness to remain in the county for a certain period of time (eight to ten years). i OTION by Commissioner Johnson to instruct the staff to talk to the economic developers about incorporating language in the incentive agreements requiring the industries to remain in the county a specified period of time (eight years to ten years) in order to have an opportunity to gain the financial investment that Iredell County and the taxpayers made in the economic incentive packages. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER'S REPORT: County Manager Mashburn said: 1. A written activity report had been distributed. 2. Attorney Pope was in the process of preparing the closing documents on the library properties (Darty/Weintraub/King). 3. The county was in the process of renovating a vacant structure near the solid waste department to house the transportation offices (Ben Garrison's staff). 4. Extra time will be needed on Monday, November 4 for the finance director to explain the refinancing of a portion of the 2000 Certificates of Participation (COPS). (It was recommended that the COPS presentation be held at 4 p.m., followed by the briefing at 5 p.m., and the regular meeting at 7 p.m.) ADJOURNMENT: OTION by Chairman Tice to adjourn the meeting at 8:00 p.m. NEXT MEETING: Monday, November 4, 2002, beginning at 4:00 p.m., followed by the 5:00 p.m. and 7:00 p.m. meetings in the Iredell County Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes — 5; Nays — 0. Approved: 9 Clerk to the Board