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HomeMy WebLinkAboutMarch 20, 2018 regular minutes 1 March 20, 2018 IREDELL COUNTY BOARD OF COMMISSIONERS PRE-AGENDA MINUTES March 20, 2018 The Iredell County Board of Commissioners met in pre-agenda session on Tuesday, March 20, 2018 at 5:00 PM, in the Iredell County Government Center (South Wing Conference Room), 200 South Center Street, Statesville, NC. Board Members Present Chairman James B. Mallory III Vice Chairman Tommy Bowles Gene Houpe Marvin Norman Board Members Absent Jeff McNeely Staff present: Interim County Manager Beth Jones, County Attorney Lisa Valdez, Assistant County Manager Susan Robertson, Finance Director Deb 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: Interim County Manager Beth Jones made the following adjustments: Add: Closed Session – Attorney Client G.S. 143-318.11 (a) (3) ADMINISTRATIVE MATTERS Request from ECOM to approve budget amendment #32 in the amount of $15,552 to receive and disperse E-911 funds to Mooresville Police Department: Interim County Manager Beth Jones stated the ECOM Director was out sick. This request is to approve BA #32 to receive and disperse E-911 funds to Mooresville Police Department. MPD has applied to the State to be qualified by the State as a secondary dispatch center. Iredell County is the primary PSAP and the funds will be sent to Iredell County who will disperse to the secondary. Jones explained that ECOM did an amazing job when the lines were recently cut and some employees were immediately sent to Davie County to dispatch. No calls were dropped and there were no adverse ramifications. The lines were repaired by the next day. ECOM employees, Star Wolf and Tara Default, were present and explained their quick response to the cut lines. This item was placed on the consent agenda. BA#32 To receive 911 funds for dispersement to Mooresville PD Dispatch as a Secondary Public Safety Answering Point 3/20/2018 Account # Current Budget Change Amended Budget 3824035 472700 NC911 Mooresville PSAP - (15,552) (15,552) 3825544 544400 911 Mooresville PSAP Allotment - 15,552 15,552 2 March 20, 2018 Request from ECOM to proclaim April 2018 as National 911 Education Month and the Week of April 8-14, 2018 as Telecommunicator Week: Interim County Manager Beth Jones spoke of the request to proclaim National 911 Week and Month. This item will be shared and voted on at the regular 7:00 meeting. Request from the Public Library to apply for E-Rate discounts: Library Director Steve Messick asked to apply for discounts on internet access through the Federal Communications E- Rate program who provides discounted internet access for public schools and public libraries. The Iredell County Public Library has been participating in this program since 2001. It will provide internet service for libraries in Statesville and Troutman under a new three-year contract with Spectrum. Harmony Library will continue an on-going monthly access with Yadtel. The total cost for all three is $22,800. The discount of 60% which will cover $13,600 with a balance from the County of $9,120. This item was placed on the consent agenda. Request from Mount Mourne VFD to approve budget amendment #33 to withdraw $90,000 from the Mount Mourne Fire Tax District Reserve Account to make the first progress payment on a new fire engine: Emergency Management’s Jody Smyre spoke on behalf of Mt. Mourne VFD to approve BA #33 to withdraw $90,000 from the reserve account to make the first payment on a new fire engine. Vice Chairman Bowles asked which trucks were being replaced. Mt. Mourne Assistant Chief Steve Robbins said it is actually one truck which is Engine 1, a 2000 model. Also, a ’94 model pumper/tanker has already been sold. The new truck will serve in the place of both older trucks. The old tanker held 1,250 gallons but the new tanker will hold 2,500 gallons and is more efficient. Mt. Mourne Board of Directors rep Wayne Turner said two notes will be paid off this year and this new truck will be the only outstanding debt. (Rick Howard was also in attendance.) This item was placed on the consent agenda. BA#33 Appropriate Mt. Mourne Contingency Reserve to make the first progress payment on a new fire engine. 3/20/2018 Account # Current Budget Change Amended Budget 235525 537655 Contingency Reserve 135,210 (90,000) 45,210 235525 537600 Contracted Services Fire District 725,775 90,000 815,775 Request from Parks and Recreation Department and Recreation Advisory Committee for approval of the Jennings Park Site Specific Master Plan as submitted : Parks/Recreation Director Michelle Hepler said the Jennings Park site specific master plan was created in order to stay competitive in the quest for grant funding, most specifically with the NC Parks and Recreation Trust Fund grant opportunities. The plan details the project to assist in future development and grant eligibility. Outside funding sources will be sought, as well, throughout the project. However, dedicated funding from the Park Fund will be needed over the next three to ten years. The plan follows the recommendation and guidance of the Comprehensive Recreation Master Plan that was adopted in 2008, which specifically calls for a district size park for north of I-40. If this plan is not approved, it could greatly reduce the likeliness of grant funding. The plan has been approved by the Recreation Advisory Committee. 3 March 20, 2018 Commissioner Houpe said the plan is set in four phases. Hepler said a focus group was established and appointed by the Recreation Advisory Committee consisting of eight members from the community with various demographics and various interests. Chairman Mallory asked if the ‘90s building, currently on the site, will be retained. Hepler said the redesign will call for a new building. The old building has been up fitted to meet code for current use, but in order to serve the new type of park it will need to be rebuilt to provide restrooms, concession stands, and press box features on all four sides. Vice Chairman Bowles asked the timeline. Hepler said ideally five to ten years. Chairman Mallory said these parks need to be plugged into the next five to ten-year budgeting plans. Mallory encouraged Hepler to continue working with Iredell Statesville Schools for possible co-location of facilities. Mallory asked the status of the East Iredell Lions Club and the new ropes course. Hepler said an architect has created a schematic design proposal for East. The power and water are on, and cleaning is underway. The ropes course is just waiting for a variance approval. It may be six months before the course will be open. This item was placed on the consent agenda. Request from Planning and Development to release 75% of the value of a $100,000 letter of credit on a recently completed storm water control pond project at AAA Storage in Mooresville: Planning Director Matthew Todd requested the release of the letter which will be replaced with a $25,000 letter of credit. It is for high density that was approved in 2013 for AAA Storage on Highway 150. It’s been under construction and previously used as a sediment pond. It was then converted to a storm water pond per the ordinance which states they can request a 75% reduction. Next year they can request a complete reduction. From this point forward it requires a yearly inspection. This item was placed on the consent agenda. Request from the Solid Waste Department for approval of a contract to provide scrap tire management services with New River Tire Recycling, LLC : Solid Waste Director David Lambert said a RFP was distributed in January. New River Tire responded and is a company used before. The contract contains wording that allows renewal on an annual basis along with flexibility should the method of collection vary. This item was placed on the consent agenda. Request from ECOM for approval of an award of a sole-source purchase agreement with Wireless Communications to provide and install two new Patriot Sentinal positions and one mobile command unit at the Mooresville Police Department : Purchasing and Contracts Manager Dean Lail said that in 2014/15 two units of the Patriot Sentinal were purchased for Mooresville to be a back-up PSAP for ECOM. This system will coordinate properly with ECOM’s system. The request is for two additional units and one mobile unit for MPD. This item was placed on the consent agenda. 4 March 20, 2018 Request from Facility Services for approval of a sole-source award to Sage Security for the purchase and installation of locks for the Social Services Building : Purchasing and Contracts Manager Dean Lail said DSS is in the process of making the building more secure by ensuring that all offices can be locked down with a single action. When the original security was installed, locking each office was not considered but times have changed. Sage Security has installed most all of the door locks in DSS and have the patent. The total cost is $56,031.17. Chairman Mallory asked for further explanation on how the locks work. Lail said it is a handset plus dead bolt. The cost is $407 per door for the mortise lock body and an additional $142 for the cylinder and two keys. Chairman Mallory said the system just installed at Central Elementary does the same thing but the cost is less than $100. Commissioner Houpe said the Central School system is manual whereas the DSS system will lock the all the doors from one place. Chairman Mallory said simpler is better. Locking all the doors from one place presents opportunities for things to go wrong. Mallory asked that both systems be compared for cost and effectiveness. Vice Chairman Bowles asked if it is a statutory requirement for this type of system to be at DSS. Jones said this recommendation came from the Active Shooter training. Currently those doors cannot be locked from inside the offices. This will be voted on at 7:00 to be tabled until April 17. Request from Administration for approval of a three-year renewal agreement with the Department of Public Safety to provide space for the Probations & Parole offices in County-owned buildings: Purchasing and Contracts Manager Dean Lail said it is mandated to provide space for probation/patrol. They are located in several different locations throughout the County and all have been brought into single leases to cover all units. The State is under mandate to ensure all buildings they occupy are under a lease for liability purposes. The leases are the same as previously used. The three-year leases require an approval from the Board of Commissioners. Vice Chairman Bowles asked who sets the standards for the office space. Jones said the State inspects each potential unit to ensure it meets certain requirements. This item was placed on the consent agenda. Request from the Finance Department for approval of Martin Starnes and Associates CPAs, P.A. audit contract for fiscal year ending June 30, 2018: Finance Director Deb Alford said it is required each year to have an audit by an external auditing firm. Martin Starnes has been the County’s auditor for the past 12 years. However, there is quite a significant price increase. An audit is done in two phases – an audit of financial statements and a compliance audit on all federal and state money. This requires more continuing education for the CPAs because of more restrictions and requirements. This item was placed on the consent agenda. 5 March 20, 2018 Request from the Finance Department to authorize the Acting County Manager to approve payments from Contingency in the Jail Capital Project Fund and the Public Safety Capital Project Fund with a report of the Board of Commissioners : Finance Director Deb Alford said there are two amended project ordinances for the Jail and Public Safety Projects. There is no change in the dollar amounts. The change is just language in order for the acting County Manager to be able to transfer and spend money from a contingency line. State statute does not allow spending from a contingency line without Board approval. This request is to allow the acting County Manager to make the transfer and make the payment with a report brought to the Board of Commissioners at the next meeting. This item was placed on the consent agenda. * * * * * Amended Capital Project Ordinance New Jail Construction Project 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 sources: Amended Amended 8/15/2017 Amendment 3/20/2018 Transfer from Capital Reserve Fund $ 250,930 $ 250,930 Investment Earnings 251,655 251,655 Transfer from General Fund 24,838,425 24,838,425 Transfer from Public Safety Complex Capital Proj Fund 3,473,825 3,473,825 $ 28,814,835 $ - $ 28,814,835 Section 2. The following costs shall be paid from this fund: Salaries and Wages $ 94,484 $ 94,484 FICA 7,231 7,231 Employee Health Benefits 435 435 Retirement 11,805 11,805 Professional Services - Architect 1,737,000 1,737,000 Professional Services - Other 26,404 26,404 Departmental Supplies 5,444 5,444 Site Development 2,240 2,240 Contingency 750,000 750,000 Special Permitting 257,785 257,785 Construction Costs - Other 28,553 28,553 Design and Construction 25,893,454 25,893,454 $ 28,814,835 $ - $ 28,814,835 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 Acting County Manager or her designee. Payments from contingency may be approved by the Acting County Manager with a report to the Board of Commissioners. Section 5. This amended capital project fund is effective upon adoption. Adopted this 20th day of March, 2018 * * * * * Capital Project Ordinance Public Safety Complex Be it Ordained by the Board of Commissioners of Iredell County, North Carolina: Section 1. Funds for this Capital Project Fund shall be provided from the following sources: 6 March 20, 2018 Amended Amended 10/3/2017 Amendment 3/20/2018 Financing Proceeds $ 11,000,000.00 $ 11,000,000 Investment earnings 50,000 50,000 Transfers from EMS SSD 500,000 500,000 Transfers from General Fund 9,330,464 9,330,464 $ 20,880,464 $ 20,880,464 Section 2. The following costs shall be paid from this fund: Salaries and Wages $ 63,824 $ 63,824 FICA 4,884 4,884 Employee Health Benefit 275 275 Retirement 7,978 7,978 Professional Services - Design/Engineering 338,500 338,500 Land 325,870 325,870 Site Work - - Construction 14,677,158 14,677,158 Depreciable Assets 1,500,000 1,500,000 Financing Closing Costs 63,150 63,150 Contingency 425,000 425,000 Transfer to Jail Capital Project Fund 3,473,825 3,473,825 $ 20,880,464 $ - $ 20,880,464 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 Acting County Manager or her designee. Payments from contingency may be approved by the Acting County Manager with a report to the Board of Commissioners. Section 5. This Capital Project Fund is effective upon adoption. Amended this 20th day of March, 2018. * * * * * Request from Tax Administration for approval of February refunds and releases : Everything was in order. This item was placed on the consent agenda. Releases for the month of February 2018 Monthly Total $ 48,913.95 Breakdown of Releases: County $ 31,426.73 Solid Waste Fees $ - Statesville Solid Waste Fees $ - Mooresville Solid Waste Fees $ - Davidson Solid Waste Fees $ - E. Alex. Co. Fire #1 $ - Shepherd's Fire #2 $ 67.66 Mt. Mourne Fire #3 $ 1,183.99 All County Fire #4 $ 207.02 B&F Fire #5 $ 88.45 Statesville City $ 15,640.00 Statesville Downtown $ - Mooresville City $ 95.70 Mooresville Downtown $ - Mooresville School $ - Love Valley $ - Harmony $ - 7 March 20, 2018 Troutman $ 204.40 Davidson $ - Refunds for the month of February 2018 Monthly Total $0.00 Breakdown of Refunds: County $ - Solid Waste Fees $ - Statesville Solid Waste Fees $ - Mooresville Solid Waste Fees $ - Davidson Solid Waste Fees $ - E. Alex. Co. Fire #1 $ - Shepherd's Fire #2 $ - Mt. Mourne Fire #3 $ - All County Fire #4 $ - B&F Fire #5 $ - Statesville City $ - Statesville Downtown $ - Mooresville City $ - Mooresville Downtown $ - Mooresville School $ - Love Valley $ - Harmony $ - Troutman $ - Davidson $ - Breakdown of NCVTS Refunds: County $ (12.58) E. Alex. Co. Fire #1 $ - Shepherd's Fire #2 $ - Mt. Mourne Fire #3 $ - All County Fire #4 $ 16.34 B&F Fire #5 $ - Statesville City $ - Statesville Downtown $ - Mooresville City $ (149.20) Mooresville Downtown $ - Mooresville School $ (47.60) Love Valley $ - Harmony $ - Troutman $ - Davidson $ - Monthly Total $ (193.04) Request from the Clerk to the Board for approval of minutes from the meeting on March 6, 2018: There were no comments or corrections. This item was placed on the consent agenda. Chairman Mallory moved the Board into Closed Session at 6:00 PM. The Board recessed from Closed Session at 6:40 until the regular meeting at 7:00 PM. 8 March 20, 2018 IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES March 20, 2018 The Iredell County Board of Commissioners met in regular session on Tuesday, March 20, 2018, at 7:00 PM, in the Iredell County Government Center (Commissioners’ Meeting Room), 200 South Center Street, Statesville, NC. Board Members Present Chairman James B. Mallory III Vice Chairman Tommy Bowles Gene Houpe Marvin Norman Board Members Absent Jeff McNeely Staff present: Interim County Manager Beth Jones, County Attorney Lisa Valdez, Assistant County Manager Susan Robertson, Finance Director Deb Alford, Strategic Planner Ben Stikeleather, and Clerk to the Board Retha Gaither. CALL TO ORDER by Chairman Mallory. INVOCATION: Chairman Mallory asked everyone to bow their heads for a moment of silence. PLEDGE OF ALLEGIANCE led by Chairman Mallory ADJUSTMENTS TO THE AGENDA Interim County Manager Beth Jones made the following adjustments: Add: Closed Session – Attorney Client G.S. 143-318.11 (a) (3) MOTION by Commissioner Norman to approve the agenda as adjusted. VOTING: Ayes – 4; Nays – 0 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS (None) APPOINTMENTS BEFORE THE BOARD Request from Iredell County Economic Development on behalf of Roush & Yates Racing Engines, LLC, to extend the time period for an incentive agreement : Economic Development Director Russ Rogerson asked for approval of an extension of the 180 period to complete the contract for incentives with Roush Yates. This should be completed within the week. MOTION by Commissioner Houpe to approve the extension. VOTING: Ayes – 4; Nays – 0 9 March 20, 2018 PUBLIC HEARINGS Public hearing for the consideration of an economic development incentive for Project Control: Economic Development Director Russ Rogerson said Project Control has not and will not make an official decision on their location until they receive approval of incentives from Iredell County, Town of Mooresville, and the State of North Carolina. The Town of Mooresville approved an incentive package the day before. The company name will not be revealed as well until all has been approved. Project Control is a headquarters and operation center. They anticipate hiring 367 people with an average salary of $110,000. They plan to invest $28.9 million in building and equipment. This project will require Iredell County, Town of Mooresville, private sector, and the State of North Carolina’s Economic Development Partnership, Department of Commerce, and legislators to pool resources to attract the company. This company will hire highly educated and technology employees from around the country to move to Mooresville. Chris Younger said the company proposes to build a new 100,000 sq. ft. facility on ten acres in the Langtree area. This project would be spread over a five-year period and is expected to be completed in 2022. The request is for a ten-year tax back incentive with an estimated value of up to $958,000. Chairman Mallory opened the public hearing. No one wished to speak. Chairman Mallory closed the public hearing. MOTION by Vice Chairman Bowles to approve an economic incentive up to $958,000 over a ten-year period based on this company’s investment of $28,960,200 and contingent on a contract being executed within 180 days. VOTING: Ayes – 4; Nays – 0 Chairman Mallory thanked the State departments and Representative Fraley for their efforts to engage with this company. Public hearing for the proposed changes to the Iredell County Personnel Ordinance regarding Article V, Section 4, Adverse Weather Conditions and Administrative Leave: Interim County Manager Beth Jones said this came about in January when there was inclement weather and county offices were closed. There was a discussion about events when Administrative Leave is called, there are still county employees and departments that must work, such as emergency services and facility services. As a result, it was shown to be an inequity because those that have to work do not receive time off. It is proposed to change the Iredell County Personnel Ordinance and the Adverse Weather policy which would basically allow floating admin leave to be accrued by all non-exempt full time personnel that are required to work, all on-call employees that are required to work, and employees required to work to perform critical duties. The time will be accrued, hour for hour, and can be used at a later date with department director’s approval. The time must be used within 12 months or it will be eliminated. Also, it will not be paid out if the employee chooses to leave employment before it is used. Sheriff Darren Campbell spoke on behalf of the Sheriff’s Office, Emergency Services, Fire and ECOM. No matter how bad the weather gets, these employees must work. Allowing comp time will help build moral, recruitment and retainment. Commissioner Norman asked if there is any extra cost. 10 March 20, 2018 Campbell said there is no extra cost to this. Chairman Mallory opened the public hearing. No one wished to speak. Chairman Mallory closed the public hearing. MOTION by Commissioner Norman to ratify the changes to the Personnel Ordinance. VOTING: Ayes – 4; Nays – 0 Jones asked to clarify that this change will be retroactive to January of 2018. ADMINISTRATIVE MATTERS Interim County Manager Beth Jones summarized the following items that were placed on the consent agenda:  Request from ECOM to approve BA #32 in the amount of $15,552 to receive and disperse E-911 funds to Mooresville Police Department.  Request from the Public Library to apply for E-Rate discounts.  Request from Mount Mourne VFD to approve BA #33 to withdraw $90,000 from the Mount Mourne Fire Tax District Reserve Account to make the first progress payment on a new fire engine.  Request from Parks and Recreation Department and Recreation Advisory Committee for approval of the Jennings Park Site Specific Master Plan as submitted.  Request from Planning and Development to release 75% of the value of a $100,000 letter of credit on a recently completed storm water control pond project at AAA Storage in Mooresville.  Request from the Solid Waste Department for approval of a contract to provide scrap tire management services with New River Tire Recycling, LLC.  Request from ECOM for approval of an award of a sole-source purchase agreement with Wireless Communications to provide and install two new Patriot Sentinal positions and one mobile command unit at the Mooresville Police Department.  Request from Administration for approval of a three-year renewal agreement with the Department of Public Safety to provide space for the Probations & Parole offices in County-owned buildings.  Request from the Finance Department for approval of Martin Starnes and Associates, CPAs, P.A. audit contract for fiscal year ending June 30, 2018.  Request from the Finance Department to authorize the Acting County Manager to approve payments from Contingency in the Jail Capital Project Fund and the Public Safety Capital Project Fund with a report to the Board of Commissioners.  Request from Tax Administration for approval of February refunds and releases.  Request from the Clerk to the Board for approval of minutes from the meeting on March 6, 2018. MOTION by Commissioner Norman to approve the consent agenda. VOTING: Ayes – 4; Nays – 0 Request from ECOM to proclaim April 2018 as National 911 Education Month and the Week of April 8-14, 2018 as Telecommunicator Week: ECOM Representatives Star Wolf 11 March 20, 2018 and Tara Default came before the Board and requested the adoption of a proclamation for April as National 911 Education Month and April 8-14 as Telecommunicator Week. MOTION by Commissioner Norman to adopt the proclamation. VOTING: Ayes – 4; Nays – 0 * * * * * National 9-1-1 Education Month April 2018 & April 8-14, 2018 National Telecommunicator Week WHEREAS, 9-1-1 is nationally recognized as the number to call in an emergency to receive immediate help from police, fire, emergency medical services, or other appropriate emergency response entities; and WHEREAS, 9-1-1 was designated by Congress as the national emergency call number under the Wireless Communications and Public Safety Act of 1999 (Public Law 106-81); and WHEREAS, the ENHANCE 911 Act of 2004 (Public Law 108 -494) established enhanced 9-1-1 as a high national priority as part of our Nation's homeland security and public safety; and WHEREAS, people of all ages use 9-1-1, and it is critical to educate the public of all ages on the proper use of 9 -1- 1; and WHEREAS, a growing segment of the population, including the deaf, hard of hearing, deaf-blind, and individuals with speech disabilities increasingly communicate with nontraditional text, video and instant messaging communications services and anticipate that these services will be able to connect directly to 9-1-1; and WHEREAS, thousands of 9-1-1 calls are made every year by children properly trained on the use of 9-1-1, resulting in lives saved which underscores the critical importance of training children early in life about 9 -1-1; and WHEREAS, there is widespread misuse of the 9-1-1 system, including prank and non-emergency calls, which can result in costly and inefficient use of 9 -1-1 and emergency response resources. NOW, therefore, the Iredell County Board of Commissioners, do hereby proclaim April 2018 as National 9-1-1 Education Month and April 8-14, 2018 as National Telecommunicator Week. I call up on all government officials, parents, teachers, school administrators, caregivers, businesses leaders, non-profit organizations, and the people of the United States to observe this month with training, events, and activities to educate the public on 9 -1-1. Furthermore, to honor during this week those Public Safety Telecommunicators who have dedicated their lives to providing this vital emergency service. Dated this 20st day of March, 2018. * * * * * Request from Facility Services for approval of a sole-source award to Sage Security for the purchase and installation of locks for the Social Services building : Chairman Mallory said this request was for a sole-source award for locks at the Social Services building. However, after discussing the costs, the Board has requested Dean Lail to meet with the Sheriff’s Office and representatives of Iredell-Statesville Schools. Lail will research whether or not the recently installed locking mechanisms at Central Elementary would be a more effective and less costly alternative. MOTION by Commissioner Houpe to table this matter until April 17, 2018. VOTING: Ayes – 4; Nays – 0 ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS Chairman Mallory said there was another recent resignation from the Planning Board. 12 March 20, 2018 APPOINTMENTS TO BOARD AND COMMISSIONS Iredell County Board of Equalization and Review – 6 appointments. MOTION by Commissioner Houpe to appoint the following: Mike Loftis for Chairman, Carl Lombardo for Vice Chairman, Mike Brotherton as a member, Dan Howard as a member, Hal Jolly as a member, and Al Simmons as an alternate. VOTING: Ayes – 4; Nays – 0 Iredell County Planning Board – 1 appointment. Currently there are two applicants for a vacancy that has been announced for four weeks. Therefore, with the other recent resignation there are now two vacancies. In the best interest of the Planning Board, to be fully staffed, it is suggested to suspend the rules and not advertise the recently vacated seat but to proceed to fill both positions. MOTION by Vice Chairman Bowles to suspend the rules and fill both positions. VOTING: Ayes – 4; Nays – 0 MOTION by Commissioner Houpe to appoint Tracy Jenkins and Robert Carl Palmes, Jr. to the Planning Board. VOTING: Ayes – 4; Nays – 0 UNFINISHED BUSINESS (None) PUBLIC COMMENT Richard Chrisenberry of Spring Shore Road expressed dissatisfaction of the Animal Services rules concerning cats, as he was recently fined because his cat was wondering onto a neighbor’s property. Trea Daniels, Richard Chrisenberry’s daughter, also expressed the same dissatisfaction with the regulations for cats. Commissioner Houpe suggested an invisible fence. Vice Chairman Bowles pointed out that this Board makes policies for the protection of all citizens. Staff has spent an extraordinary amount of time on the Animal Ordinance which is meant to treat all citizens fairly. Chairman Mallory said there is an appeals process built in the Animal Control Ordinance. The fine can be appealed all the way into the courts. This Board sets policies based on North Carolina law. Staff will be informed of these comments. NEW BUSINESS (None) COUNTY MANAGER’S REPORT Interim County Manager Beth Jones gave the following updates  Reminder – the State-wide Hurricane Exercise is scheduled for April 3 & 4, 2018  Appreciation was expressed to the Board for being proactive and willing to review options/solutions presented by staff to enhance Iredell County has an employer of choice. 13 March 20, 2018  This is budget season. The budget team is working diligently reviewing all requests and prioritizing. A balanced budget will be presented in the next few months. CLOSED SESSIONS Chairman Mallory stated that Closed Session was held following pre-agenda. There is one action to take as a result of that meeting. This Board has received presentations from two law firms concerning the national law suits against opioid manufacturers and distributors. The cost to the United States of this critical issue is projected to be between $300 and $500 billion. Those who have profited from the sale of opioids have created this situation and as a result a national litigation has begun. This is not a class-action law suit but a compilation of different specific counties and municipalities that have joined the litigation. On advice of the County Attorney, this Board has decided to participate in this litigation at no cost to the County. It is contingency fee based where the attorney fees and court costs, which are capped at 35%, are borne by the law firm. If the firm is not successful, the County pays nothing. If they are successful, then the funds are split with all parties. MOTION by Commissioner Houpe to authorize the Acting County Manager to enter into an agreement engaging the firm of Simmons, Hanly, Conroy LLC, Kruger Dickenson LLC, von Briesen and Roper, SC and Ward Black Law as counsel in relation to claims against the opioid manufacturers and opioid distributors for Iredell County. VOTING: Ayes – 4; Nays – 0 Commissioner Houpe expressed appreciation to the County Attorney and staff for all of the work to help get this ready for the County to proceed. ADJOURNMENT MOTION by Commissioner Norman to adjourn at 8:10 PM. The next regular meeting will be Tuesday, April 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