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HomeMy WebLinkAbout2-19-2019 1 February 19, 2019 IREDELL COUNTY BOARD OF COMMISSIONERS PRE-AGENDA MINUTES February 19, 2019 The Iredell County Board of Commissioners met in pre-agenda session on Tuesday, February 19, 2019 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 Jeff McNeely Marvin Norman Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County Manager Susan Robertson, Finance Director Debra Cheek, and Clerk to the Board Amy Anderson. CALL TO ORDER: Chairman James Mallory called the meeting to order. ADJUSTMENTS TO THE AGENDA: Commissioner McNeely has an item for New Business. ADMINISTRATIVE MATTERS Request from the Register of Deeds for approval of a resolution granting authority to set the office hours for both the Statesville and Mooresville offices in the event of inclement weather or safety issues: This request will be heard during the 7pm meeting. This item was placed on consent. Request from the Sheriff’s Office for approval of the Sheriff’s Offices Records Retention and Disposition Schedule as provided and approved by the NC Department of Natural and Cultural Resources: Sheriff Darren Campbell said the Sheriff’s Office is updating its policy and procedure manual and this request will provide instructions and authority to address how the office handles public records request. This item was placed on consent. Request from the Sheriff’s Office for approval of budget amendment #31 to appropriate Jail Operation Funds to purchase furniture, fixtures and equipment (FFE) items for the jail expansion: Sheriff Darren Campbell said this request is to appropriate $592,594 from Jail Operation Funds to purchase items related to furniture, fixtures, and equipment including exam tables, AUDs, and inmate property storage. After the appropriation, $1.1 million will be left in Jail Operation Funds. Sheriff Campbell explained that $41,000 of the request will be used for video arraignment. Chairman Mallory said this is a huge step in safety. Commissioner Houpe asked if updates will need to be made inside the courthouse for the video arraignment. 2 February 19, 2019 Sheriff Campbell said yes. This item was placed on consent. BA#31 2/19/2019 To appropriate fund balance for transfer to the Jail Capital Project Fund for furniture, fixtures and equipment Account # Current Budget Change Amended Budget 104880 499410 App Fund Balance - Future Jail (2,002,629) (592,594) (2,595,223) 105780 576021 Trans to Jail Cap Project Fund - 592,594 592,594 Request from the Library for approval of budget amendment #32 to apply for a accept a North Carolina Public Library Directors Association (NCPLDA) scholarship from the State Library of North Carolina: Library Director Juli Moore said the scholarship would allow her to attend the NCPLDA in Greenville from March 27 -29, 2019. The scholarship covers transportation, hotel, and conference registration fees. Chairman Mallory asked the success rate of the scholarships. Moore said the NCPLDA issued five scholarships with preferential treatment to first time attendees. This item was placed on consent. BA#32 2/19/2019 To appropriate State Library Grant/Scholarship for Juli Moore to attend the North Carolina Public Library Directors Association Meeting. Account # Current Budget Change Amended Budget 104650 456119 652 State Library Training Grant - 1,000 1,000 105652 536000 652 Training and Development 1,900 1,000 2,900 Request from the Library for approval to apply for discounted internet service under the Federal Communication’s E-Rate Program for FY20: Library Director Juli Moore said the total cost of internet access for Statesville, Harmony, and Troutman libraries would be $22,200 for FY20. E-Rate funds 60% of the cost of these services, covering $13,200. The County’s cost will $9,000. This will be the 22nd year that the Library has participated in this program. This item was placed on consent. Request from the Library for approval to apply to the State Library of North Carolina for a Library Services and Technology Grant to conduct a needs assessment of the Iredell County Public Library system to develop a long-range strategic plan: Library Director Juli Moore said a strategic plan will be developed by an outside consultant that will assist the Library with conducting a community survey, interviewing community leaders and stakeholders, and conducting public dialogues. The consultant will provide a facilities assessment that examines the adequacy of existing facilities to meet the service needs of the community. The cost of the consultant is $21,090. The grant funds received, if awarded, would be $15,817. This grant requires a 25% match of $5,273 that has been included in the Library’s FY20 budget. Chairman Mallory asked if the Board would meet with the consultant prior to the process starting. 3 February 19, 2019 Moore said Commissioner Norman and Vice Chairman Bowles will be a part of the process. The consultant would like participation from a variety of community partners. Ultimately, the consultant will present their findings to the Board in May 2020. Commissioner McNeely asked if the report could be made to the Board in April 2020 because of the budget process. Moore will speak with the consultant about amending the timeline. This item was placed on consent. Request from Solid Waste for approval of three-year pre-event contract for monitoring and removal of disaster debris during emergency events: Solid Waste Director David Lambert requested approval of pre-event contracts and authority of the County Manager to sign the contracts. This is a very important role of Solid Waste. These contracts will allow the County to more likely receive Federal Emergency Management Agency (FEMA) funds during emergency events. Chairman Mallory found it interesting how much difference there was between the hourly rates of their crews but how close the totals were. Commissioner Houpe thanked Lambert for taking care of a recent concern. This item was placed on consent. Request from the Health Department to give an update on the Community Child Protection Team (CCPT) and request approval to appoint five (5) members: Social Work Supervisor and Chairman of CCPT Laura Johnson said the CCPT is requesting five appointments. The purpose of this team is to review all child fatalities that occur in the County, including if a child dies from suspected abuse or neglect. The team is a state mandate that has been in place since 1993. The team has not had a full membership for quite some time. Johnson explained that the team must include an EMS provider or firefighter, a parent of a child that has passed away before the age of 18, and three at-large appointments. Some community members have expressed interest. This item was placed on consent. The Board agreed by consensus to make the announcements during tonight’s meeting. Request from Human Services to move forward with the application process for Substantial Equivalency: Human Resources Director Sandra Gregory requested to move forward with the application process with the State for Substantial Equivalency. This will benefit Social Services and the Health Department. The DSS Board has specifically asked to move forward with Substantial Equivalency for hiring practice improvements within the department. A position would move to Human Resources and the State will reimburse the County 30% of the cost. Currently, two employees have received training from the State to be able to enforce Substantial Equivalency for the County. One of them would need to move under Human Resources. Commissioner McNeely asked if the position would be involved in the hiring process for other county departments. Gregory said if time allows the position will help with screening applicants for other departments. 4 February 19, 2019 Commissioner McNeely asked if one of the current positions can be moved to Human Resources and eliminate a position at either the Health Department or DSS. Jones said DSS needs additional staff. They would reallocate that position and add duties. In lieu of asking for an additional position, the Health Department would reallocate the position as well. Gregory is hopeful that everything will be in place before July 1, 2019. Vice Chairman Bowles asked the advantage of moving forward before next year’s budget. Gregory said DSS has some excessive staff needs and are unable to put the necessary attention to the applications. Commissioner McNeely asked what the start-up cost of $7,000 cover. Gregory said that amount is for the office and equipment. Deputy County Manager Susan Robertson said the Health Department now has to contract with individual providers to bill and collect for Medicaid patients. This adds additional workload to the employees. Jones said the County is one of few counties in the State that has not achieved Substantial Equivalency. The change will allow the County to be more proficient. Commissioner Norman said it would speed the process up. This item was placed on consent. Request from the Finance Department for approval of budget amendment #29 to accept and appropriate Juvenile Crime Prevention Council (JCPC) Level II Funding: Finance Director Deb Cheek said additional funding has come from the NC Department of Public Safety allocated for the Treatment Alternatives for Sexualized Kids TASK program. This request is to appropriate $50,000 funding that is coming from the State. This item was placed on consent. BA#29 2/19/2019 To Recognize JCPC Level 2 Discretionary Funds and appropriate for Treatment Alternatives for Sexualized Kids. Account # Current Budget Change Amended Budget 394486 434125 JCPC Level II Disposition Fund (100,000) (50,000) (150,000) 395486 563500 Level II TASK Program 100,000 50,000 150,000 Request from the Finance Department for approval of budget amendment #30 to recognize the proceeds of a lease purchase: Finance Director Deb Cheek said the County has entered into a capital lease at the new Iredell County Recreation Center for the cardio equipment. This request will allow the accounting procedure to recognize the proceeds and expenses of the lease. 5 February 19, 2019 BA#30 2/19/2019 To record a capital lease in the Parks and Recreation department for equipment for the new recreation center and to record the payments in the debt department. Account # Current Budget Change Amended Budget 104880 490800 Capitalized Lease Sources - (118,476) (118,476) 105655 610000 Depreciable assets 128,592 118,476 247,068 105655 537508 Contracted Services Other 82,192 (16,455) 65,737 105710 575010 Installment Lease - Principal 13,808 13,808 105710 575011 Installment Lease - Interest 2,647 2,647 Request from Tax Administration for approval of January Refunds and Releases: This item was placed on consent. Request from Clerk to the Board for approval of minutes from the meeting on February 5, 2019: There were no corrections. This item was placed on consent. ANNOUNCEMENTS OF VACANCIES ON BOARDS & COMMISSIONS Community Child Protection Team (5 announcements) APPOINTMENTS TO BOARDS & COMMISSIONS Board of Equalization and Review (6 appointments) NEW BUSINESS Commissioner McNeely presented a resolution supporting the exclusion of farm equipment, regardless of age, from the tax scrolls of Iredell County for qualifying farmers. Less than $200,000 is collected including the assessed and fire tax. To some that is not a lot of money to others it is a large expense. COUNTY MANANGERS REPORT Report will be given at the 7pm meeting. Chairman Mallory recessed the meeting at 5:50pm until the 7pm meeting. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES February 19, 2019 The Iredell County Board of Commissioners met in regular session on Tuesday, February 19, 2019 at 7:00 PM, in the South Wing Conference Room of the Iredell County Government Center, 200 South Center Street, Statesville, NC. Board Members Present Chairman James B. Mallory III 6 February 19, 2019 Vice Chairman Tommy Bowles Gene Houpe Jeff McNeely Marvin Norman Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County Manager Susan Robertson, Finance Director Debra Cheek, and Clerk to the Board Amy Anderson. 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 Add: Two items under New Business. Add: Announcements of Vacancies Occurring on Boards & Commissions MOTION by Commissioner Houpe to approve the agenda as adjusted. VOTING: Ayes – 5; Nays – 0 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS APPOINTMENTS BEFORE THE BOARD Request from the City of Statesville to provide an update on the Statesville Regional Airport: City of Statesville Mayor Costi Kutteh reported that the City of Statesville recently purchased the assets of the fixed based operator (FBO). The purchase came from a chance conversation with Statesville Flying Service, the long running FBO at the airport. After hiring a consultant to look at the numerous leases the City had, it was discovered that it would be a good option to purchase the FBO. The majority of the $5.4 million purchase price was for two hangars recently built by the FBO. The two hangars have that much value alone. Mayor Kutteh expressed his appreciation to the Board for their support on the airport. It is because of that partnership that the Statesville Regional Airport is second to none. The airport will continue to grow into the foreseeable future. PUBLIC HEARINGS Public Hearing to consider a request by Stoney Ridge Properties, LLC to release zoning and subdivision jurisdiction to the Town of Mooresville: Planning Director Matthew said the request is on Cornelius Road and adjacent to Town of Mooresville jurisdiction. The business on the property needs more employee parking and a detention pond is required. The owner is requesting to be in Mooresville zoning jurisdiction so this be accommodated. Todd said there have not been any opposition to this request. Chairman Mallory opened the public hearing. 7 February 19, 2019 Ronnie Smith, Stoney Ridge Properties, LLC representative said the tenant is hiring an addition 90 employees and needs to extend the parking lot. The company is adding 90 employees. A detention pond is required to do so. Chairman Mallory thanked Mr. Smith for being an entrepreneur. Chairman Mallory opened the public hearing. Chairman Mallory closed the public hearing. MOTION by Vice Chairman Bowles Motion to approve the request for a release of zoning and subdivision jurisdiction to the Town of Mooresville by Ronnie L. Smith. VOTING: Ayes – 5; Nays – 0 DEPARTMENT OF PLANNING & DEVELOPMENT PLANNING STAFF REPORT Release of Zoning & Subdivision Jurisdiction Staff Project Contact: Rebecca Harper EXPLANATION OF THE REQUEST Ronnie L. Smith, with Stoney Ridge Properties LLC, has requested the zoning and subdivision jurisdiction of 4.11 acres of a 25.8 acre tract be released to the Town of Mooresville. The proposed use of the property is for location of stormwater control measures for two adjacent developed tracts. OWNER/APPLICANT OWNERS/APPLICANT: Ronnie L. Smith Stoney Ridge Properties LLC 411 Morrison Farm Road Troutman, NC 28166 PROPERTY INFORMATION LOCATION: Behind 116 & 126 Exmore Road in Mooresville; more specifically identified as a portion of PIN # 4648930955. DIRECTIONS: Cornelius Road near the intersection of Exmore Road. SURROUNDING LAND USE: This property is surrounded by residential & industrial uses. SIZE: The property is 4.11 acres of a 25.8 acre tract. EXISTING LAND USE: The property is currently vacant. ZONING HISTORY: This property has been zoned M-1 CUD since 2000. The conditions on the zoning applied to a portion of the property near Oakbrook Subdivision, which is not adj acent to this portion of the property. The adjoining properties to the southeast are already in Mooresville’s ETJ. OTHER JURISDICTIONAL INFORMATION: This property is located within Mooresville’s short range USA boundary. Because the proposed use of t he property is for stormwater controls only, there will be no development 8 February 19, 2019 and no need for utility extension. The Town Planning staff has submitted a letter of acknowledgement which has been included in the packet. OTHER SITE CHARACTERISTICS: This property is located in the Catawba/Lake Norman WSIV-CA water supply watershed, therefore there are minimum lot size/impervious coverage restrictions. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: In 2017, the average number of vehicles per day on this section of Cornelius Road was 8,600. However, since the proposed use for the property is stormwater controls, no additional traffic would be generated for this site. SCHOOLS: Because this is property is being used for commercial purposes, there should be no implications on local schools. STAFF COMMENTS STAFF COMMENTS: From a Planning perspective, this request meets the criteria for release of zoning and subdivision jurisdiction. The parcel would be joined to other parcels already within the Town ’s jurisdiction. The Town Planning staff is in support of this request. The 2030 Horizon Plan recommends Employment Center - Office/Institutional Uses for this area. The Planning staff recommends in favor of this request. ADMINISTRATIVE MATTERS Chairman Mallory explained that most administrative matters are dealt with during the pre- agenda meeting. The pre-agenda meetings held at 5pm are open to the public. Audio and visual facilities within the Commissioners’ Meeting Room will be improved in the upcoming months to better serve the public. In addition, beginning March 5, 2019 the Board will hold the pre-agenda meetings in the Commissioners’ Meeting Room. The pre-agenda will now be televised. County Manager Beth Jones summarized the items that were placed on the consent agenda as follows:  Request from the Register of Deeds for approval of a resolution granting authority to set the office hours for both the Statesville and Mooresville offices in the event of inclement weather or safety issues.  Request from the Sheriff’s Office for approval of the Sheriff’s Offices Records Retention and Disposition Schedule as provided and approved by the NC Department of Natural and Cultural Resources.  Request from the Sheriff’s Office for approval of budget amendment #31 to appropriate Jail Operation Funds to purchase furniture, fixtures and equipment (FFE) items for the jail expansion.  Request from the Library for approval of budget amendment #32 to apply for and accept a North Carolina Public Library Directors Association (NCPLDA) scholarship from the State Library of North Carolina.  Request from the Library for approval to apply for discounted internet service under the Federal Communication’s E-Rate Program for FY20.  Request from the Library for approval to apply to the State Library of North Carolina for a Library Services and Technology Grant to conduct a needs assessment of the Iredell County Public Library system to develop a long-range strategic plan. 9 February 19, 2019  Request from Solid Waste for approval of three-year pre-event contract for monitoring and removal of disaster debris during emergency events.  Request from the Health Department to give an update on the Community Child Protection Team (CCPT) and request approval to appoint five (5) members. This was approved and agreed by consensus to add these appointments under the Announcements of Vacancies on Boards and Commissions.  Request from Human Services to move forward with the application process for Substantial Equivalency.  Request from the Finance Department for approval of budget amendment #29 to accept and appropriate Juvenile Crime Prevention Council (JCPC) Level II Funding.  Request from the Finance Department for approval of budget amendment #30 to recognize the proceeds of a lease purchase.  Request from Tax Administration for approval of January Refunds and Releases.  Request from Clerk to the Board for approval of minutes from the meeting on February 5, 2019. MOTION by Commissioner Norman to approve the consent agenda. VOTING: Ayes – 5; Nays – 0 Request from the Register of Deeds for approval of a resolution granting authority to set the office hours for both the Statesville and Mooresville offices in the event of inclement weather or safety issues: Register of Deeds Ron Wyatt said, “The request is pretty simple and straightforward. Since my time as being the Register of Deeds for Iredell County, we have tried to run the office as frugal as we could without exhausting tax payer resources and funds. The first couple of years simple communications on inclement weather situations of when the office will be open or closed occurred regularly. And the reason that’s an issue and by statute the Register of Deeds office should be located in the primary courthouse that serves the citizens of the County. There are examples just like ours to where we’re in an annex building but, most of the day to day users of the courthouse are the bar associations, the attorneys doing real estate transactions, and other matters like that even representing families for getting vital records and statistics. It just simply makes sense that the Register of Deeds office and the Clerk of Court, which is the function, heartbeat of the courthouse that the hours would be consistent and that the bar associations will be able to utilize both offices at the same time. The Register of Deeds office falls under the County purview and by the statutes set forth in the State of North Carolina, County Commissioners set all hours and those hours should be consistent for the primary Register of Deeds office throughout the entire year. When we had a situation earlier this year it became apparent that one day there was communications the next day it was a different form of communications and I simply didn’t get those. It boils down to I don’t check county email on personal devices for public records disclosure reasons. If people wants to see how we’re checking and responding to emails outside of hours in a public records request whatever devices you’re using to do that can of course be have to be turned over for that purpose. So, outside of office hours I don’t normally check emails. One of your commissioners doesn’t do texting so we kinda got caught in a quandary of how we get the information. Somebody gets text somebody gets emails and trying to do it the same way. To me, it boils down to, as bluntly as I said earlier, the office hours for inclement weather was the first concern. And, talking with the County Manager, by statute and by policy that you all have the County Manager makes the decisions for opening and closings which of course, is appropriate. In certain circumstances the Register of Deeds office needs the latitude to be an open, fair, and consistent with the Clerk of Court in the courthouse. The County Manager explained that that was 10 February 19, 2019 not in her purview to have hours set differently for one office then the whole county for liability reasons. And that also makes sense. In discussing it further the statutes are set up primarily for all counties to have, not primarily, for the purpose of all counties in the State to have one Register of Deeds office. In North Carolina, there is only one other office that has two Register of Deeds locations that are open to the public with any significant amount of time. We are the only county in the State that has two Register of Deeds office that are open Monday – Friday 8-5 normally. Because of the discussion with the County Manager and because of those circumstances it was suggested that I come up with a different solution because there are numerous Register of D eeds throughout the State that either make the decision on inclement weather themselves and/or are involved in the process, meaning the County Commissioners have allowed that process to exist. And, me submitting a resolution for you all’s consideration miscommunications occurred somehow or another and it is my understanding our county attorney spoke with the leguminous, I’m sorry, the School of Government to as retain that other Register of Deeds have that decision and without the proper communications a different question was asked versus what I had already spoke to a couple of commissioners about. Then that led us into more confusion about what was happening. So, I met with a couple commissioners on the task force that oversees that part and the County Manager and we came up with what should have been or could be a resolution that works for everybody and that the Statesville office should always be following the statutes as to the hours of operation. The Mooresville office this past year was closed five days or parts of five days. Two of those days simply was because of manpower shortages due to sickness, and one of those was being sworn-in to keep our job, a legal responsibility. Based off conversation I had with the County Manager it was not in my authority to close the office down. To my knowledge none of you got a call wanting to know why I closed the office, after all, the people do elect me to run the office and make the decisions for the office. The other three days that office was closed was simply du e to the fact that it was not ADA compliant. People in wheelchairs and walkers couldn’t open the door and walk into the office, and use it the way they should be by statute and we had to close the office three days so that they could took a wall out so that folks using those type devices could get in there. So the limited times that the office was closed in Mooresville was not because I just simply wanted to close it on a whim. It was because I needed to do it out of necessity. Having said that, if I staff it based off the way some other departments are within the County to make sure that there is ample staffing when you have medical leave, when you have FMLA leave, when you have employees that have earned vacation time and you simply run out of a clock as to when they could take it then. Just staffing alone would be an additional $180,000 a year. By you all granting me authority as the people elected me to run that office to make the decision if that office needs to be closed two hours early because of staffing concerns and safety concerns of only having one employee in there. Then it saves us that money because we are not having to spend it and having an employee sit there to make sure we have ample coverage, should there be other issues, such as FMLA, and sickness, and things of that nature. I’ll be glad to answer any questions you may have.” Vice Chair Tommy Bowles said, “Mr. Wyatt, what happens on a day that there’s a real estate closing in Mooresville and that attorney, according to the good funds act, they can’t disperse those funds until the deed is recorded. A lot of times those attorneys run to the Register of Deeds office maybe 4:30 in the afternoon to make that recording and then the next they will disperse those funds. How will that effect, how will attorneys know that you’re going to close on the days that you feel you have to close.’ Wyatt said, “The Statesville office will not be closed, the Mooresville office is simply there as a convenience. We are not required by statute to have it opened. Of the two days that I closed because of staffing concerns and/or being the swearing-in ceremony last year, it was not at the end of the day. It’s at the first of the day. We have enough part-time employees to where I can normally 11 February 19, 2019 coordinate staffing at the end of the day. It’s when I find out people can’t come to work because their sickness or other issues first thing in the morning that could cause the issue. But, to answer your question, again bluntly, that office is out of convenience and it is not there so they can do all their business and is a save all. The three days that it was closed because it was not in ADA compliance, there was well notice put up saying that it was going to be closed these days.” Vice Chairman Bowles said, “Sometimes you gotta do what you gotta do.” Wyatt said, “Ultimately that’s it. That’s what I’m requesting of you all, to respect the fact that the citizens elected me to make those decisions on a daily basis without us having to call at least three commissioners and get permission at the last minute.” Commissioner Norman said, “Mr. Wyatt, you mentioned here safety issues, what are you talking about there.” Wyatt said, “An employee working by themselves. This day and time in buildings, in my opinion, is a safety concern. Especially if I have an employee down there that don’t have a lot of years of experience in handling multiple customers at one time. Mooresville office is one of those locations that you may work there, two people may work there an hour. As we have discussed before in county budget sessions, was that office a necessity to be open, well to me it is because of the administrative work that they are able to do without having customers walk up and interfere with them doing data entry. However, having said that there are times in Mooresville where you have lots of people needing something done at one time. Well, if I only have one person in there and, probation and parole is just right around the corner down there and they’re constantly taking weapons and other things off of these folks coming in for probation and parole violations. I don’t feel comfortable leaving an employee in there by themselves to tend to multiple people in the office at one time. That is a safety concern.” Commissioner McNeely said, “Mr. Wyatt, you eluded to earlier that there was obviously two different asked to maybe even two different entities to a point. Could you expound on the question you asked of who and the answers you got as far as hours concerning and other Registers of Deeds.” Wyatt said, “Absolutely, my understanding when the County Manager and I was speaking about the issue and when I spoke with a couple commissioners about what we needed to happen was would I inquire with other Register of Deeds and see what their standard practice or their way of doing business was. There’s an association called North Carolina Association of Register of Deeds (NCARD). Every Register of Deeds in the State with exception of one county is a member of that organization. Lots of other reasons why but just safely say it is a daily communication with what is occurring, way of doing business, and interpretations of the law and various statutes. One professor from the UNC School of Government Charles Szypszak, is the one who is basically recognized as the expert, not only in North Carolina but throughout the world as it relates to doing business in the Register of Deeds office. My question to the NCARD association based off of the second office location, at that time I didn’t see the need that the both Register of Deeds office be included in what was being discussed, was any of them make any decisions in inclement weather as to being coming in late or leaving early. At that point, 61 of those 99 responded that they did and/or equivalent with the County Manager in making a decision that was appropriate. The others just didn’t respond or the answer was no. I have no clue what specific question was asked prior to that question from the County Attorney, but in an email later, it basically asked if the Register of Deeds in other counties decided office hours in those counties. Of course the answer there is no. The statute clearly states that the County Commissioners do that or give the authority to the County 12 February 19, 2019 Manager or Register of Deeds or another person if they choose. After that question was asked and you all was presented the information I think the following day is when Professor Szypszak acknowledged that while he didn’t know the answer, or he answered it the way he did the day before. He also had never asked that question of how many Register of Deeds in the state done it and that email said that I had the opportunity to do that through NCARD, which had already been done.” Chairman Mallory said, “Mr. Wyatt, I thank you for coming and bringing this issue to our attention. Understand from your position in the Register of Deeds, you’re managing or balancing different equities between a court system which is a state entity and a county citizenry that is a customer of yours for not just court related matters but for marriage certificates, death certificates, just getting copies of powers of attorney that have been on record. A number of things don’t have anything to do with court, but just have things to do with servicing people needs, which your office does very well, particularly in its unique capacity of having two different locations. That does present some complicating kind of factors that probably are not dealt with in other counties, relative to expectations that citizens have about certain hours because they’re going to get a document that is going to be needed to accomplish something that is important in their lives. So, that is an equity that as a county board that we have to be attuned and then of course, the Clerk of Court has other issues that he has to be concerned with, just as you. I think you hit the word you hit here is process, which you’ve mentioned. And so, I think that what I would feel comfortable with is for us to defer action on this request at this time and to ask our County Manager, yourself, and Jim Mixson as the Clerk of Court, the three entities that have equities involved to determine a specific process that’s acceptable to everyone and that ultimately that is simple for the benefit of the citizens of this county. Because whenever we change the hours of operation for county offices or your office, or Clerk of Court, that is set out on a simulcast kind of broadcast that rings everybody’s telephone and what we don’t want to do is have multiple messages for different operations, unique hours that are going out there that can lead to some confusion.” Wyatt said, “With all due respect that already occurs.” Chairman Mallory said, “Well, I am suggesting that the three of you get together and work out a process where there is no confusion and where there is a timely decision and timely communication of this to the citizens of this county to which we all serve.” MOTION by Vice Chairman Bowles to defer this particular resolution and asked that the Register of Deeds Ron Wyatt, Clerk of Court Jim Mixson, and County Manager Beth Jones work on a comprehensive plan to include an explanation what will happen going forward and that it be attached to this resolution and brought back at the next meeting. VOTING: Ayes – 5; Nays ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS Community Child Protection Team (5 announcements) Chairman Mallory explained this is a request from the Health Department. One of the members needs to be an EMS provider or firefighter and one needs to be a parent of a child tha t has passed away before the age 18. The other three announcements are at-large appointments. APPOINTMENTS TO BOARD AND COMMISSIONS Board of Equalization and Review - 6 appointments 13 February 19, 2019 Commissioner Houpe explained that each year the Board appoints the Board of Equalization and Review for the calendar year. This year it is very important to have an experienced and knowledgeable board to hear appeals for the 2019 reappraisal. The members of the current board have all agreed to serve again. Members can serve six one-year terms and are eligible for additional terms after a year off. MOTION by Commissioner Houpe to appoint Mike Loftis, Carl Lombardo, Mike Brotherton, Dan Howard, Hal Jolly, and Al Simmons (alternate). VOTING: Ayes – 5; Nays – 0 UNFINISHED BUSINESS (None) NEW BUSINESS Chairman Mallory said that the Board recently held their annual winter planning session at the Public Safety Center. During that meeting, the Board adopted a resolution concerning the decision that the NC Department of Environmental Quality will be rendering as to how Duke Energy should dispose of or treat the coal ash that is currently stored on site at the Marshall Steam Plant. RESOLUTION BY THE IREDELL COUNTY BOARD OF COMMISSIONERS IN SUPPORT OF COMPLETE EXCAVATION OF THE UNLINED COAL ASH BASIN AT MARSHALL STEAM PLANT WHEREAS, the NC Department of Environmental Quality held a series of information sessions for the public to learn about options for closing coal ash impoundments; and WHEREAS, the NC Department of Environmental Quality solicited public comments about the three methods identified by Duke Energy for closure at Marshall Steam Plant including Closure -in-Place, Closure-By- Removal (to an on-site landfill) and Hybrid Closure ( a plan including Closure-In-Place and Closure-By-Removal); and WHEREAS, the public’s health and well-being is of critical concern and essential to a healthy, prosperous environment for our citizens; and WHEREAS, pursuant to a court order and settlement agreement when 39,000 tons of coal ash were released into the Dan River, Duke Energy was required to excavate all of the coal ash from eight of its coal ash sites across North Carolina; and WHEREAS, the Marshall Steam Plant on Lake Norman in Catawba County is one of six sites where Du ke Energy is proposing to leave its coal ash alongside a river or lake; and WHEREAS, there are 17 million tons of coal ash in the unlined basin at Marshall Steam Plant where Duke Energy is balancing the risk of keeping coal ash onsite with the cost of excavation; and WHEREAS, the NC Department of Environment and Natural Resources, Division of Energy, Mineral and Land Resources, Land Quality Section rated the Marshall Steam Plant’s ash basin dam as “High Hazard Potential” in a Notice of Inspection with recommendations for maintenance improvements issued March 11, 2014 to Duke Energy; and WHEREAS, the Commonwealth of Virginia is requiring Dominion Energy to excavate all the coal ash from its unlined waterfront lagoons, and the State of South Carolina requires the excavation of all unlined, utility-owned riverfront coal ash lagoons – including Duke Energy lagoons. THEREFORE, BE IT RESOLVED that the Iredell County Board of Commissioners does hereby request Governor Cooper and the General Assembly to take action to require Duke Energy to excavate the coal ash from the unlined basin at Marshall Steam Plant for off-site removal by rail car to a lined, hazardous waste landfill away from the Catawba River and Lake Norman. Commissioner McNeely said agricultural is the County’s number one industry and it needs protection. Currently, agricultural is struggling. Commissioner McNeely recently inquired how 14 February 19, 2019 much the County collects in property tax on assessed farm machinery. Less than $200,000 was collected including the assessed and fire tax. To some that is not a lot of money to others it is a large expense. Commissioner McNeely and Commissioner Houpe requested that the Board approve a resolution supporting the exclusion of farm equipment, regardless of age, from the tax scrolls of Iredell County for qualifying farmers. Vice Chairman felt the resolution is an excellent move forward. The Board does not get a lot of opportunities to support the number one industry in the State. Commissioner Houpe said the resolution is due February 27, 2019, and there is buy in from the local legislators. MOTION by Commissioner McNeely to adopt the resolution. VOTING: Ayes – 5; Nays – 0 RESOLUTION BY THE IREDELL COUNTY BOARD OF COMMISSIONERS IN SUPPORT OF OUR LOCAL FARMERS AND OUR AGRICULTURE INDUS TRY WHEREAS, the leading industry in Iredell County is agriculture, which makes significant contributions to the citizens of not only our County, but also the State of North Carolina and our nation; and WHEREAS, the farmers in this County and State co ntinuously face economic uncertainty and financial constraints that threaten their livelihood and the continued viability of the family farm, which in turn impacts our citizens and the existence of agriculture in our County; and WHEREAS, the Iredell County Board of Commissioners desires to support its local farmers to the full extent they are empowered to do so and ask the North Carolina legislature to continue and extend its support of farmers across the State; and WHEREAS, the Board is aware of a study commissioned by and through the North Carolina Farm Act of 2017 (also known as Senate Bill 615 of the 2017 -2018 Session) wherein the Agriculture and Forestry Awareness Study Commission was directed to study a property tax abatement by the State of North Carolina to aging farm equipment, the classification of said equipment under the North Carolina Constitution, and the impact on local governments if aging farm equipment was excluded from property tax; and, such study has now commenced. THEREFORE, BE IT RESOLVED that the Iredell County Board of Commissioners has evaluated the local impact of the proposed personal property tax abatement for farm equipment and does hereby support the exclusion of farm equipment, regardless of age, from the tax scrolls of Iredell County for qualifying farmers. Furthermore, the Board seeks local legislation be passed by the General Assembly authorizing the same in Iredell County effective January 1, 2020. Commissioner Houpe acknowledged farmers in attendance and read a resolution that the Board adopted in 2018 supporting the dairy industry. Commissioner McNeely hopes that other counties will take note and NC will levy tax on farm machinery throughout the State. COUNTY MANAGER’S REPORT County Manager Beth Jones gave updates on the following items: 15 February 19, 2019  The State will be here Wednesday, February 20, 2019 at 3pm at Mooresville Town Hall to make an announcement for Project Blue Ribbon.  Virginia Tech and UNC-Chapel Hill are offering well water testing. Kits are available to anyone using private wells in the County. Samples will be analyzed for metals. The water quality results will help develop a better understanding of the well water quality in the area. Kits will be available starting Wednesday, February 20, 2019 at the Iredell County Health Department (Statesville and Mooresville locations) Jones expressed her appreciation to the Board for their leadership and guidance throughout the Winter Planning Session. She also thanked staff for their time preparing for and participating in the Winter Planning Session. Commissioner Houpe explained the planning session is for the Board to have general discussions. There were no decisions made. There is some concern about a fire tax increase but there has been no action taken. There will be plenty of opportunity for the public and Fire Departments to interact with the Board. Chairman Mallory said staff did a bang up job preparing a good road map in going forward to focus on the issues that will determine what the budget will look like for the next fours. Chairman Mallory noted that the Board believes it is important to use the County’s facilities for their work sessions. CLOSED SESSIONS (None) ADJOURNMENT MOTION by Commissioner McNeely to adjourn at 8:11PM. The next regular meeting will be Tuesday, March 5, 2019, 5:00 PM, in the South Wing Conference Room, Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes – 5; Nays – 0 __________________________________ ___________________________________ Date Approved Amy B. Anderson, Clerk