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HomeMy WebLinkAbout08-15-2023 1 August 15, 2023 IREDELL COUNTY BOARD OF COMMISSIONERS PRE-AGENDA SESSION August 15, 2023 The Iredell County Board of Commissioners met in pre-agenda session on Tuesday, August 15, 2023 at 4:00 PM, in the Commissioners’ Meeting Room located in the Iredell County Government Center 200 South Center Street, Statesville, NC. Board Members Present Chair Melissa Neader Vice Chair Bert Connolly Scottie Brown Gene Houpe Brad Stroud, Sr. Staff present: County Manager Beth Mull, Deputy County Manager Susan Robertson, County Attorney Lisa Valdez, Finance Director Deb Cheek, and Clerk to the Board Amy Anderson. CALL TO ORDER: Chair Neader called the meeting to order. ADJUSTMENTS TO THE AGENDA: County Manager Beth Mull went over the following adjustments: REMOVE: Economic Development from Closed Session. ADMINISTRATIVE MATTERS Request from Wilkes-Iredell Volunteer Fire Department for approval of an application for funds from the Small Loan Program in the amount of $100,000 for a portion of a new tanker and extend the repayment period to three years. Fire Services Director Kent Greene said a couple of years ago the Board instituted a small loan program for Fire and Rescue Department to cover expenses that were not already budgeted. Wilkes Iredell Fire Department ordered a 4,000 gallon tanker a couple of years ago. Greene noted there are no fire hydrants in the Wilkes Iredell area and if the commercial facilities in the service district were to expand the fire department would not meet the fire flow requirement. The tanker was not in the replacement plan but it was a need that the department felt that could cover. Greene noted the department knew they would need to pay approximately $190,000. The department is requested a loan for $100,000 and to extend the repayment period to three years. Representatives from Wilkes-Iredell Fire Department were available to answer any questions. Vice Chair Connolly said 23% of Wilkes Iredell area is located ins ide the County and the County funds approximately $168,000 and Wilkes County funds $93,000. Greene said the County funds approximately 64% of the Wilkes Iredell Volunteer Fire Department’s total budget. Vice Chair Connolly noted the Board’s emphasis on the public’s safety. Commissioner Brown asked the difference in extending the loan to 36-months. 2 August 15, 2023 Commissioner Stroud said roughly $2,800. Greene said the payment comes out of the Department’s monthly allocation. Representatives from Wilkes-Iredell Fire Department were available to answer any questions. County Manager Beth Mull gave a brief history of the loan program. Mull said the department received a substantial increase for staffing so if the loan is extended it will allow them to use the annual increase. Commissioner Houpe said Wilkes Iredell does a great job in applying for and receiving grants. This item was placed on consent. Request from Fire Services and Emergency Management for approval of Budget Amendment #6 and accept unsolicited Homeland Security grant funds passing through Charlotte Area Security Initiative (UASI) to pay for a portion of an upcoming Hazardous Materials Technician class. Fire Services Director Kent Greene requested approval of Budget Amendment #6 to accept an unsolicited Homeland Security grant funds passing through Charlotte Area Security Initiative (UASI) to pay for a portion of an upcoming Hazardous Materials Technician class. This item was placed on consent. Request from Emergency Communications for approval to amend the American Rescue Plan Grant Ordinance and approval of Change Order #001 for the Iredell County VIPER Simulcast System Project, to upgrade the three tower site generators from Propane to Diesel. Jamie Barrier requested approval to amend the American Rescue Plan Grant Ordinance and Change Order #1 for the VIPER Simulcast System Project, to upgrade the three tower site generators from propane to diesel. Barrier said after the first proposal staff realized the State of North Carolina was changing their propane generators to diesel. Barrier said diesel is Facility Services Director Ronnie Lee This item was placed on consent. Request from the Health Department for approval of Environmental Health Onsite Water Protection fee changes mandated in Session Law 2023-90. Brady Freeman requested approval of the Environmental Health Onsite Water Protection fee changes as mandated by law September 1, 2023. Currently, the fees are based upon manpower hours to complete certain tasks. Freeman focused his presentation on the permitting issuance and inspection task which is what the legislation revolves. A septic permit is three-tiered. The first phase is considered an insurance policy that gives the builder/developer the guarantee of phase two (authorization to construct) as long as the location of the house or number of bedrooms do not change. At some point during the construction phase the septic will be installed. Before the installer covers up the septic system staff visits the site to verify that everything is the same then they sign off on it which becomes an operations permit. Which is the last part of that tiered permitting process. The new privatization laws has allowed licensed soil scientists to become Authorized On-site Wastewater Evaluator (AOWE). They are required to take a class and pass exam before they are authorized to do some or all three of those phases. Freeman explained 3 August 15, 2023 the more work AOWE do the less money the County will receives. If they choose to do the Improvement Permit part only then their fees don't change and the County’s old fees still stand. If they choose to do the Improvement Permit and the Authorization to Construct phase then the County’s fees are reduced by 40 percent, so the $500 gravity fee now becomes $200 and the $1200 pump fee becomes $480. They can also choose to do all three phases so if they go through the whole process it is a $35 flat filing fee. In the past, there has been something an Engineering Option Plan (EOP) to allow a licensed soil scientist and an engineer in tandem with an installer to collaboratively come up with a plan and they go through all three of those phases and submit the paperwork to the County and the County’s fees were reduced by 30%. Now, that fee has also changed to a $35 flat filing fee similar to the AOWE. Last year, 40 of the County’s applications were first two phases. If this trend continues, the County could see a $100,000 in loss revenues. Freeman said there other implications to the legislation. The State is still working on trying to understand all the language. In the past, staff has denied lots for septic that has gotten overturned by an AOWE and it is unbeknownst to the homeowner. New legislation also allows the homeowner to apply for repair if that system fails if it was submitted by an AOWE. Now the County may be left to clean up the pieces however the legislation does not allow staff make a best professional judgment when repairing. Certain situations may have soil restrictions and or space restrictions so staff has been able to able to do those best professional judgment in efforts to prolong the life of the dwelling. Legislation is taking this away. What could potentially happen is if an AOWE permit malfunctions and staff goes out and does the repair but can’t make a best professional judgment and it is unsuitable it now becomes a pump and haul system. Commissioner Houpe asked who the liability falls on. Freeman said fortunately the liability falls on the AOWE but unfortunately they tend to go out of business and the County will be left to pick up the pieces. Commissioner Brown said the County does not have a choice. Commissioner Stroud said the County is left to be the bad guy potentially for the enforcement of the pump and haul. Commissioner Stroud asked if anyone in the legislation reached out to staff regarding the proposed legislation. Freeman said someone reached out to him after he did. The Board asked Freeman to keep them updated on this item. This item was placed on consent. Request from the Finance Department for approval of the contract with NJR Group, Inc for the Solid Waste Entryway Project and authorize the County Manager to execute the contract. Kaitlyn Sparks requested approval of the contract with NJR Group, Inc. for the Solid Waste Entryway Project and authorize the County Manager to execute the contract. This item was placed on consent. 4 August 15, 2023 Request from Iredell County Economic Development Corporation to amend the Economic Development Agreement for Fibreworks. Jenn Bosser explained that Fibreworks has requested an extension to the improvement period until December 31, 2024 due to delay in closing and up-fit. This item was placed on consent. Request from the Iredell County Economic Development Corporation to grant an extension to Dura Supreme, LLC in order to fully execute the Economic Development Incentive Agreement. Jenn Bosser said Project DuraSouth (Dura Supreme, LLC) was approved for an incentive on February 21, 2023 for a $197,445 incentive, payable over 5 years as a result of a capital investment of $17.4 Million. Due to summer schedules, they are in need of additional time to review the contract. The original deadline date for the contact is August 19, 2023. The company is requesting an extension to October 18, 2023 to execute the contract. This item was placed on consent. Request from Administration for approval of a Real Estate Agency Listing Agreement renewal. County Manager Beth Mull said the listing is for the Bluefield Road property. The bidder on the property chose not to proceed past the due diligence period because they had not heard back regarding offsite improvements from the Town of Mooresville. The bidder has since met with the Town of Mooresville and the NCDOT and are comfortable with moving forward but unfortunately the agreement does not allow for that. Mull explained the listing agreement needs to be renewed for six months, February 15, 2024, in order to relist the property. Chair Neader asked Mull if she felt confident the bidder’s expectations were met. Mull said the bidder has a good idea of what is required. They are still interested in the property, however the County must follow state statue. County Attorney Lisa Valdez said this is the second time there has been an issue with the due diligence or closing period. Valdez said the potential buyer did not understand the steps that local governments must take. Valdez said explained it may make the process smoother, whether or not the same buyer is the successful bidder this time, if the Board wants to put some terms in the contract to allow for one extension 30-day extension of the due diligence period and one extension 30-day extension of the closing period that they can exercise, pay a fee for that's non- refundable but applicable to the purchase price. Which is a similar situation with the first go- around, but the Board is in a difficult situation with that time period and that's because everybody is bidding on the same terms and so this would allow those terms to be in the in the contract in the beginning so that everybody knows they're bidding on the price. Valdez said her recollection was at the price on the extensions prior were $10,000 each. She said the resolution will need to be amended from when the Board authorized the sale the first time because that said there's a 120 day period, 90 days due diligence, 30 days to close. Valdez said she understood from the bidder that time is not an issue for them based on the progress that they've made since the termination of the contract but it may give some flexibility depending on who the ultimate bidder is. Valdez requested approval of a motion to amend the resolution authorizing the sale of certain real estate by negotiated offer an upset bid for County property located on Bluefield road to allow the terms of the sale to include one 30-day extension of the due diligence period for the 5 August 15, 2023 sum of $10,000 and one 30-day extension of the settlement date for the sum of $10,000, both fees if paid to be non-refundable but applicable to the purchase price. These items was placed on consent. Request from Tax Administration for approval of the July 2023 Refunds and Releases. This item was placed on consent. Request from Clerk to the Board for approval of the minutes from the meeting on August 1, 2023. There was one correction to the invocation. This item was placed on consent. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES August 15, 2023 The Iredell County Board of Commissioners met in regular session on Tuesday, August 15, 2023 at 6:00 PM, in the Commissioners’ Meeting Room of the Iredell County Government Center, 200 South Center Street, Statesville, NC. Board Members Present Chair Melissa Neader Vice Chair Bert Connolly Scottie Brown Gene Houpe Brad Stroud, Sr. Staff present: County Manager Beth Mull, Deputy County Manager Susan Robertson, County Attorney Lisa Valdez, Finance Director Deb Cheek, and Clerk to the Board Amy Anderson. CALL TO ORDER by Chair Neader. INVOCATION: by Commissioner Brown. PLEDGE OF ALLEGIANCE led by Chair Neader. ADJUSTMENTS TO THE AGENDA: County Manager Beth Mull went over the following adjustments: REMOVE: Economic Development from Closed Session MOTION by Commissioner Stroud to approve the agenda as adjusted. VOTING: Ayes – 5; Nays – 0 SPECIAL PRESENTATIONS & RECOGNITIONS (None) 6 August 15, 2023 APPOINTMENT BEFORE THE BOARD (None) PUBLIC HEARINGS (None) ADMINISTRATIVE MATTERS  Request from Wilkes-Iredell Volunteer Fire Department for approval of an application for funds from the Small Loan Program in the amount of $100,000 for a portion of a new tanker and extend the repayment period to three years.  Request from Fire Services and Emergency Management for approval of Budget Amendment #6 and accept unsolicited Homeland Security grant funds passing through Charlotte Area Security Initiative (UASI) to pay for a portion of an upcoming Hazardous Materials Technician class.  Request from Emergency Communications for approval to amend the American Rescue Plan Grant Ordinance and approval of Change Order #001 for the Iredell County VIPER Simulcast System Project, to upgrade the three tower site generators from Propane to Diesel.  Request from the Health Department for approval of Environmental Health Onsite Water Protection fee changes mandated in Session Law 2023-90.  Request from the Finance Department for approval of the contract with NJR Group, Inc for the Solid Waste Entryway Project and authorize the County Manager to execute the contract.  Request from Iredell County Economic Development Corporation to amend the Economic Development Agreement for Fibreworks.  Request from the Iredell County Economic Development Corporation to grant an ex tension to Dura Supreme, LLC in order to fully execute the Economic Development Incentive Agreement.  Request from Administration for approval of a Real Estate Agency Listing Agreement renewal and motion to amend the resolution authorizing the sale of certain real estate by negotiated offer an upset bid for County property located on Bluefield road to allow the terms of the sale to include one 30-day extension of the due diligence period for the sum of $10,000 and one 30-day extension of the settlement date for the sum of $10,000, both fees if paid to be non-refundable but applicable to the purchase price.  Request from Tax Administration for approval of the July 2023 Refunds and Releases.  Request from Clerk to the Board for approval of the minutes from the meeting on August 1, 2023. MOTION by Commissioner Stroud to approve the consent agenda. VOTING: Ayes – 5; Nays – 0 ANNCOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS (None) 7 August 15, 2023 APPOINTMENTS TO BOARDS & COMMISSIONS (None) UNFINISHED BUSINESS (None) PUBLIC COMMENT PERIOD Michael Moorefield, 401 Fifth Creek Road, Statesville, spoke about election integrity. He submitted an addendum with four names to the petition submitted in July. He said once the election ballots become digitized once they are entered into the tabulator. He encouraged the Board to become a leader and set a precedent for using only paper ballots going forward. Moorefield thanked Commissioner Houpe for reaching out to him after the last meeting and he hopes other commissioners will do the same. Glenn Sullivan, 162 Rushing Water Lane, shared his concern over the spending increase in the FY24 budget. He said the increase negatively impacts many county residents. Sullivan asked about the increased cost of Jennings Park and why apprenticeship programs did not result in a reduction in payroll. Tom Snyder, 237 Sundance Circle, informed the Board about the “I Voted” sticker competition that the Board of Elections is hosting. Snyder encouraged the public to enter the contest. Jack Benyon, 263 Beaten Path Road, thanked the Board for their continued work on the issue of short-term rentals. He also volunteered to serve on a committee to assist with establishing parameters for such. COMMISSIONER COMMENTS & UPDATES The Board reminded everyone of school starting back this week and be mindful of the buses on the road. NEW BUSINESS (None) COUNTY MANAGER’S REPORT County Manager Beth Mull gave an update on the following:  2045 Horizon Plan draft is on the County website and comments will be received through September 12. Mull said it is important for everyone to view the plan and make comments. The plan is a team effort from the Board to the citizens. 8 August 15, 2023  The Tax Office warns everyone of a scam going on regarding tax payments. Mull encouraged everyone to not please not give out any personal information to callers. CLOSED SESSION The Board held a Closed Session prior to the regular meeting and there were no items to report. ADJOURNMENT MOTION by Commissioner Brown to adjourn at 6:38PM. The next regular meeting is Tuesday, September 5, 2023 at 6pm in the Commissioners’ Meeting Room, Government Center, 200 South Center Street, Statesville, NC. VOTING Ayes – 5; Nays – 0 __________________________________ ___________________________________ Date Approved Amy B. Anderson, Clerk