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Board of Commissioners Minutes 2002-2003
*Household Waste Disposal Per household 13.00 Fee (with elderly exemption) *Houschold Fee covers all waste delivered by the homeowner except shingles and tires. Household waste disposal fees will be added on all 2002 tax bills and will be collected in the same manner as property taxes in accordance with G.S. 153A-293 and will be collected when delinquent, in the same manner as delinquent real property taxes. It is estimated the following revenues will be available for the fiscal year July 1, 2002 through June 30, 2003. Tipping Fee $3,536,080 Special Assessments 1,367,020 Recycling Sales 62,800 “ Tire Disposal Reimbursement & Fees 125,500 ° White Goods Reimbursement 45,000 Town of Mooresville 262,630 Investment Earnings 100,000 Tire Disposal Grants 10,000 Mulch Sales 30,000 Other Revenues 66,000 Appropriated Retained Earnings- Restricted for White Goods 48,000 Appropriated Reserve for Closure and Post-Closure 2,351,215 Total Revenue $8,004,245 Section 20. The following amounts are hereby appropriated in the Solid Waste Disposal Fund. Administration & Operation 3,644,910 Debt Service 1,476,220 Capital Outlay 531,900 Other Financing Uses 2,351,215 Total Expenditures $8,004,245 2002-2003 HEALTH CARE BENEFITS FUND 066 Section 1. It is estimated the following revenues will be available in the Health Care Benefits Fund for the fiscal year beginning July 1, 2002 and ending June 30, 2003. Interest on Investments $ 42,000 Contribution from Employer 2,653,200 Contribution from Employees 438,660 Non-employee Charges 34,120 Total Revenue $3,16 7,980 Section 2. It is estimated the following expenditures will be made in the Health Care Benefits Fund for the fiscal year beginning July 1, 2002 and ending June 30, 2003. Health Insurance Claims Paid $2,700,000 Claims Administration 244,600 Stop Loss Insurance 145,380 Employee Life Insurance 65,000 Wellness Incentives 10,000 Other Health Benefit Costs 3,000 Total Expenditures $3,167,980 15 Iredeli County, North Carolina Amended Capital Project Ordinance Iredell County Public Library Be it Ordained by the Board of County Commissioners of Iredell County, North Carolina: Section 1. Funds for this Capital Project Fund will be provided from the following source: Transfers from the Capital Reserve Fund $5,377,682 Section 2. The following costs for the design, construction, furnishing and equipping of the Iredell County Public Library are to be financed by this fund: Design & Engineering $ 331,200 General Construction 5,046,482 Plumbing - Mechanical - Electrical - Furniture & Equipment - Total $5,377,682 Section 3. This Capital Project Fund shall continue until the project is complete. Section 4. The County Manager or his designee shall authorize payments from this Capital Project Fund. Section 5. Upon completion of the construction project, all funds remaining in this Capital Project Fund will be transferred back to the Capital Reserve Fund. Section 6. This amended ordinance shall be effective July 1, 2002. This amended ordinance being duly passed and adopted this 18" day of June 2002. **# & * * 10. REQUEST FOR APPROVAL OF THE MAY 21, 2002 MINUTES, THE BUDGET SESSION MINUTES OF MAY 23, 2002 AND MINUTES OF JUNE 4, 2002 11. REQUEST FOR APPROVAL TO APPLY FOR A GRANT FROM THE NORTH CAROLINA RURAL INTERNET ACCESS AUTHORITY IN THE AMOUNT OF $12,000: The county manager said during the briefing that the E-Communities Committee had requested permission to apply for a public access grant. He said no funds would be needed from the county and that if the funds were approved by the state, six computers would be purchased (four would be placed at the Southside Skills Center in Statesville, and two at the Winnie Hooper Community Center in Mooresville). 12. CALL FOR A PUBLIC HEARING ON JULY 2, 2002, 7:00 P.M., REGARDING THE ADOPTION OF A RESOLUTION THAT WILL ENABLE THE COUNTY TO LEVY THE THIRD ONE-HALF CENT SALES & USE TAX 13. REQUEST FOR APPROVAL OF THE FY 2002-2003 HEALTH DEPARTMENT FEE SCHEDULE AND POLICY: (The approved fee schedule for the upcoming year is as follows.) Iredell County Health Department Fee Schedule 2002-2003 FEES FY FEES FY CPT CODE SERVICE DESCRIPTION 2001-2002 2002-2003 New Patient Preventive Health Visits 99381 Age under | year $80.00 $87.00 16 FEES FY CPT CODE SERVICE DESCRIPTION 2001-2002 99382 Age 1-4 years $90.00 99383 Age 5-11 years $154.00 99384 Age 12-17 years $169.00 99385 Age 18-39 years $167.00 99386 Age 40-64 years $199.00 99387 Age 65 years & over $215.00 Established Patient Preventive Health Visits 99391 Age under | year $70.00 99392 Age 1-4 years $75.00 99393 Age 5-11 years $126.00 99394 Age 12-17 years $146.00 99395 Age 18-39 years $142.00 99396 Age 40-64 years $158.00 99397 Age 65 years & over $175.00 New Patient Evaluation and Management Visits 99201 Minimal $60.00 99202 Limited $90.00 99203 Expanded $128.00 99204 Detailed $188.00 99205 Comprehensive $236.00 Established Patient Evaluation and Management Visits 99211 Minimal $35.00 99212 Limited $55.00 99213 Expanded $76.00 99214 Detailed $118.00 99215 Comprehensive $176.00 Antepartum Care 59425 4-6 Visits 375.00 59426 7 or more visits 1,000.00 Laboratory 82947 Glucose 15.00 82950 1 hour Glucola 25.00 82951 GTT (3 hr) 40.00 82952 GTT Specimen 4 New 7/1/2002 85013 Hematocrit 15.00 81002 Urine Dipstick 12.00 81000 Urine with micro 18.00 87086 Urine colony count 25.00 81025 Pregnancy test (urine) 10.00 87210 Wet Prep 20.00 87070 GC cuiture 30.00 82465 Cholesterol 20.00 87205 Gram Stains 15.00 89300 Semen Analysis 40.00 87164 Darkfield 30.00 86592 Stat RPR 20.00 36415 Venipuncture/stick 10.00 99000 Handling fee 10.00 G0001 Medicaid Venipuncture 10.00 Office Procedure 54050 Wart Treatment/Male 134.00 56501 Wart Treatment/Female 134.00 76815 Ultrasound 150.00 59025 Non-Stress test 105.00 59412 Cephalic Version/External 350.00 11975 Norplant Insertion 505.00 11976 Norplant Removal 210.00 58300 IUD Insertion 185.00 58301 IUD Removal 97.00 99070 IUD Supply 10.00 57170 Diaphragm Fitting 79.00 96110 Denver Developmental 150.00 92551 Audiometry 30.00 69210 Ear Irrigation 60.00 Immunizations/Injections 90782 Therapeutic/diag. Admin. Fee 10.00 90471 Admin. single vaccine 5.00 90472 Admin. 2+ vaccines 10.00 90788 Admin. Antibiotics 10.00 90384 RHO Gain 111.00 J1055 Depo-Provera 45.00 90716 Adult Varicella 50.00 90707 Adult MMR 35.00 17 FEES FY 2002-2003 $94.00 $154.00 $169.00 $167.00 $199.00 $215.00 $72.00 $76.00 $126.00 $146.00 $142.00 $158.00 $175.00 $66.00 $90.00 $128.00 $188.00 $236.00 $35.00 $55.00 $76.00 $118.00 $176.00 New Code New Code 19.00 25.00 55.00 15.00 15.00 15.00 19.00 Discontinued 10.00 18.00 36.00 18.00 19.00 40.00 44.00 Discontinued 12.00 13.00 12.00 134.00 134.00 170.00 125.00 510.00 Discontinued 210.00 212.00 97.00 10.00 92.00 114.00 22.00 62.00 10.00 5.00 10.00 23.00 111.00 45.00 60.00 40.00 FEESFY FEESFY CPT CODE SERVICE DESCRIPTION 2001-2002 2002-2003 90733 Adult Meningitis 60.00 68.00 90746 Adult Hepatitis B 55.00 60.00 90632 Adult Hepatitis A 45.00 55.00 90633 Ped/Adol. Hepatitis A 23.00 30.00 90658 Influenza Vaccine 5.00 7.00 90732 Pneumonia Vaccine 12.00 18.00 86580 PPD (TB Skin Test) 12.00 19.00 90669 Prevnar private stock 67.00 71.00 90713 Polio private stock New 7/1/2002 26.00 Miscellaneous C9983 Pill Replacement 7.00 7.00 MS006 Chem 23 (Co. employee only) 40.00 Discontinued MS007. CBC (Co. employee only) 25.00 Discontinued MS003 TRUST Changed to new codes 7/1/2002 Medicaid Y and W Codes c W8010N Child Health - EPSDT (new) 90.00 90.00 ’ W8010E Child Health - EPSDT (est) 90.00 90.00 W8016 EPSDT Interperiodic 90.00 90.00 W8201 Initial MCC 110.00 110.00 W8202 Subsequent MCC 55.00 55.00 Y2044 MCC Home Visit 74.00 74.00 Y2525 MOW Brief Visit 20.00 20.00 Y2526 MOW Standard Visit 55.00 55.00 ¥2527 MOW Extended Visit 85.00 85.00 Y2013 STD control/treatment 80.00 80.00 Y2012 TB control/treatment 89.00 89.00 Y2331 HIV Case Mngt. (unit 15 min.) 11.00 11.00 Y2046 PP Home Visit-Mat. Assessment 60.00 60.00 Y2047 PP Home Visit —- Newborn 60.00 60.00 W8204 Maternal Home Visit — nurse 88.00 88.00 Y2155 Child Service Coordination 89.00 89.00 Y2155A CSC - face-to-face subseq. 89.00 89.00 Wws012 Immunization Update 20.00 20.00 ALLIED HEALTH SERVICES CPTCODE SERVICE DESCRIPTION Services for Community Members/Organizations Basic Cholesterol Screen & Nutrition Education 30.00 30.00 Full Lipid Profile & Nutri. Ed. 40.00 66.00 Breast Pump Rental (per mo.) 20.00 20.00 Programs for Community Groups/Organizations Blood pressure/hypertension 3.00 3.00 Community CPR course 45.00 45.00 Infant/child CPR and First Aid course 45.00 45.00 Grocery Store Tour-Healthy Foods 10.00 10.00 Health Fair & Information Booths Donation Donation Health Topic Seminars (for professionals) 20.00 20.00 Health Topic Seminars (for the public/group) Donation Donation Individual wt. loss counseling (30 min) 10.00 10.60 Weight loss counseling for 5 (30 min.) 30.00 30.00 Stress management * 40.00 40.00 Smoking Cessation * 40.00 40.00 Lighten-Up (Weight Loss & Stress Mgt.)* 40.00 40.00 Health Education Events** $0- $10.00 $0- $10.00 Health Education Products Pamphlets (per 100) 15.00 15.00 Posters 5.00 5.00 Videos 40.00 40.00 Brochures (per 100) 20.00 20.00 Curriculum 40.00 40.00 Manuals 20.00 20.00 Other products** $0 - $100.00 $0- $100.00 *County employees receive a $10.00 discount **Cost based on staff time, materials used & length of presentation Medicaid/Non-Medicaid Reimbursable Services W8203 Childbirth Education Classes $87.00 $87.00 W8205 Parenting Education Classes*** $76.00 $76.00 Y2045 Childbirth Refresher Class*** $34.00 $34.00 18 + FEES FY FEES FY CPT CODE SERVICE DESCRIPTION 2001-2002 2002-2003 97802 97803 Sliding fee scale utilized for non-Medicaid patients. D0120 D0140 DO0150 D0210 D0220 D0230 D0240 D0270 D0272 D0274 D0330 D1110 D1120 D1201 D1203 D1205 D1351 D1510 D1515 D2110 D2120 D2130 D2131 D2140 D2150 D2160 D2161 D2330 D2331 D2332 D2335 D2336 D2380 D2381 D2385 D2386 D2387 D2920 D2930 D2931 D2940 D2950 D2951 D2970 D3110 D3220 D3310 D3330 D3351 D3352 D3353 D4341 D4355 D4910 D7110 D7120 D7210 D7220 D7230 D7240 D7241 D7250 D7510 D9110 Nutrition Education Initial Assessment (15 min) Nutrition Education Subseq. Assessment (15 min) Recall exam Emergency exam Initial oral exam Complete series x-rays Periapical x-ray Periapical - two or more Occlusal P.A. Bitewings - single film Bitewings - x 2 Bitewings - x 4 Panorex x-rays Prophy (adult) 13 & older Prophy (child) age less than 13 Prophy w/fluoride (child <13) Prophy w/fluoride varnish (<13) Prophy w/fluoride (adult 13>) Sealants Space Maint. Fixed - Unilateral Space Maint. Fixed - Bilateral Amalgam 1 surf. - primary teeth Amalgam 2 surf. - primary teeth Amalgam 3 surf. - primary teeth Amalgam 4 surf. - primary teeth Amalgam 1 surf. - permanent Amalgam 2 surf. - permanent Amalgam 3 surf. - permanent Amalgam 4 surf. - permanent Resin 1 surf. - anterior Resin 2 surf. — anterior Resin 3 surf. — anterior Resin 4 surf. — anterior Resin crown — primary Resin 1 surf. - posterior primary Resin 2 surf. — primary Resin 2 surf. - posterior perman. Resin 2 surf. — permanent Resin 3+ surf. — permanent Recement Crown SSC — primary SSC — permanent Sedative filling Crown build-up Pin placement Temporary crown Pulp cap direct Pulpotomy Excl. Rest RCT — anterior RCT — molar Recalcification - initial visit Recal.-Interim medication repicmnt. Recalcification - final visit Root planning/scale (ea. Quad) Gross scale — perio Periodontal maint. Treatment Ext. - primary & permanent Ext. ea. Additional tooth Surgical ext. - erupted Soft tissue impact Partial bony impact Bony impact Bony impact w/complications Residual roots — unerupted 1 & D intra oral Emergency palliative treatment $18.00 $18.00 $29.00 $39.00 $50.00 $75.00 $14.00 $12.00 $24.00 $12.00 $23.00 $42.00 $60.00 $50.00 $38.00 $51.00 $20.00 $62.00 $32.00 $175.00 $180.00 $60.00 $81.00 $102.00 $115.00 $66.00 $83.00 $102.00 $124.00 $78.00 95.00 120.00 141.00 167.00 75.00 95.00 84.00 117.00 150.00 60.00 141.00 174.00 59.00 100.00 21.20 139.00 35.00 103.00 369.00 405.00 174.00 125.00 200.00 141.00 103.00 77.00 76.00 76.00 136.00 97.00 130.00 250.00 300.00 120.00 90.00 35.00 19 $18.00 $18.00 $29.00 $39.00 $50.00 $75.00 $14.00 $12.00 $24.00 $12.00 $23.00 $42.00 $60.00 $50.00 $38.00 $51.00 $20.00 $62.00 $32.00 $175.00 $180.00 $60.00 $81.00 $102.00 $115.00 $66.00 $83.00 $102.00 $124.00 $78.00 95.00 120.00 141.00 167.00 75.00 98.00 84.00 117.00 150.00 60.00 141.00 174.00 59.00 100.00 22.00 139.00 35.00 103.00 369.00 405.00 174.00 125.00 200.00 141.00 103.00 77.00 76.00 76.00 136.00 97.00 130.00 250.00 300.00 120.00 90.00 35.00 D9230 Analgesia 39.00 39.00 D9610 Drug injection 48.00 48.00 D9630 Other drug/medication 26.00 26.00 Environmental Health Division SERVICE DETAILED DESCRIPTION Septic System Permit Type I or II System 200.00 200.00 Type III System 330.00 330.00 Type IV - VI System 575.00 575.00 Septic System Repair Permit No Charge No Charge Relayout of Septic System Permit Limited 50.00 50.00 Comprehensive Full permit fee Full permit fee Existing System Inspection 50.00 50.00 Installer Fee for Uncancelled Appointment 50.00 50.00 Water Sample**** 30.00 30.00 Swimming Pool Permit: Operating < 8 months 50.00 50.00 Operating > 8 months 75.00 75.00 | Tattoo Artist Permit (Annual) 200.00 200.00 ****Water sample fee will be waived for samples collected at a physician’s request as part of a diagnostic procedure. 14, REQUEST FROM THE SHERIFF’S DEPARTMENT FOR APPROVAL OF BUDGET AMENDMENT #56 TO APPROPRIATE SEIZED FUNDS FOR CONTRACTED SERVICES: (The funds will be used to contract with the Omega Group to write “import scripts’ for law enforcement software. A total of $3,600 is needed. During the briefing, Asst. Jail Supv. Terry Beck script is for importing incident data with incident property information. END OF CONSENT AGENDA said the first script would be used to import incident data with incident name information. The second ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Home and Community Care Block Grant Advisory Committee (2 announcements) APPOINTMENTS TO BOARDS & COMMISSIONS CAROLINAS PARTNERSHIP (1 APPT.): Commissioner Ray nominated R.B. Sloan. by ChairmanTice to close the nominations and appoint Sloan by acclamation. VOTING: Ayes — 5; Nays - 0. FIRE TAX DISTRICT BOARD (3 APPTS.): Commissioner Williams nominated Billy Trivette for the northeast position and Jeff Tucker for the at-large position. Commissioner Bowles nominated Frank Phillips for the southwest position. Chairman Tice to close the nominations and appoint Trivette, Tucker and Phillips by acclamation. VOTING: Ayes — 5; Nays — 0. JUVENILE CRIME PREVENTION COUNCIL (4 APPTS.): Commissioner Bowles nominated Reba Parker (commissioner appointee). 20 Commissioner Johnson nominated Don Earnhardt (recreation appointee). Chairman Tice to close the nominations, appoint Parker and Earnhardt by acclamation, and to postpone the remaining two appointments (nonprofit & faith community representative) until the next meeting. VOTING: Ayes — 5; Nays — 0. MITCHELL COMMUNITY COLLEGE BOARD OF TRUSTEES (1 APPT): Chairman Tice nominated Karen Ray. No further nominations were submitted, and Chairman Tice to appoint Ray by acclamation. VOTING: Ayes — 5; Nays — 0. MOORESVILLE PLANNING BOARD/ETJ (1 APPT.): Commissioner Ray nominated Johnny Gray Dodson. No further nominations were submitted, and Chairman Tice to appoint Dodson by acclamation. VOTING: Ayes — 5; Nays — 0. NURSING HOME ADVISORY COMMITTEE (1 APPT): Commissioner Williams nominated Ruth Waters. No further nominations were submitted, and Chairman Tice to appoint Waters by acclamation. VOTING: Ayes — 5; Nays -— 0. PLANNING BOARD (4 APPTS.): Commissioner Ray nominated Marvin Norman and Chris Becker. Commissioner Bowles nominated Jeff McNeely. Chairman Tice nominated Jackie Grigg. No further nominations were submitted, and Chairman Tice to appoint Norman, Becker, McNeely, and Grigg by acclamation. VOTING: Ayes — 5; Nays — 0. REGION F AGING ADVISORY COMMITTEE (2 APPTS.): No nominations were submitted, and Chairman Tice to postpone the appointments until the next meeting. VOTING: Ayes — 5; Nays -— 0. REGION F EMS ADVISORY COMMITTEE (3 APPTS.): Commissioner Bowles nominated Donnie Perry. Commissioner Williams nominated Tracy Jackson. Chairman Tice nominated Joan Schmidt. Chairman Tice to close the nominations and appoint Perry, Jackson, and Schmidt by acclamation. VOTING: Ayes — 5; Nays — 0. 21 SOCIAL SERVICES BOARD (1 APPT.): Commissioner Bowles nominated Hazel Harrington. No other nominations were submitted, and Chairman Tice to appoint Harrington by acclamation. VOTING: Ayes — 5; Nays — 0. ADJOURNMENT: by Chairman Tice at 9:00 p.m., to continue the meeting until Thursday, June 27, 2002 at 6:00 p.m. at the Ropes Challenge Course in Mooresville, N.C., to allow the county manager to update the board and obtain any necessary action regarding: 1. Acontract with Laidlaw Transportation Services. (In the past, the Vocational Workshop served as the lead agency for the Rural Public Transportation projects funded by the North C arolina Department of Transportation. As of July 1, 2002, Iredell County will become the lead agency.) 2. Agencies that provide juvenile structured day programs. VOTING: Ayes — 5; Nays — 0. Approved: Juty lp , 20o A~ gE 0. IN roe ce Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES (Continuation of June 18, 2002 Meeting) JUNE 27, 2002 The Iredell County Board of Commissioners met in Continued Regular Session on Tuesday, June 27, 2002, at 6:00 p.m., at the Iredell County Ropes Challenge Course, located in Mooresville, NC. Present: Chairman Sara Haire Tice Vice Chairman Karen B. Ray Steve D. Johnson R. Godfrey Williams Absent: Tommy E. Bowles Staff Present: County Manager Joel Mashburn and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice. (Note: Due to rain delays, the meeting did not begin until 6:20 p.m.) UPDATE ON JUVENILE STRUCTURED DAY CENTERS: County Manager Mashburn said the Governor’s Crime Commission did not approve the second year grant funding for VisionsWork Youth Services. He said that with this being the situation, there was really no obligation on the county’s part to try and secure another juvenile structured day agency to administer the program and utilize the state grant funds. REQUEST FOR APPROVAL OF A CONTRACT WITH LAIDLAW TRANSIT SERVICE AND A MEMORANDUM OF UNDERSTANDING WITH THE IREDELL VOCATIONAL WORKSHOP: County Manager Mashburn said the county would become the lead agency for the community transportation program on July 1, 2002. He requested approval to assume a contract dated January 31, 2002 with Laidlaw Transit Services and the Iredell Vocational Workshop (former lead agency for the state grant funds). Mashburn said Laidlaw would continue to manage and operate the transportation system by (1) employing the managers and drivers (2) maintaining the vans and (3) scheduling/dispatching the vehicles. He said the county’s responsibilities would be to: + design/implement policies, services, rate structure, and agency agreements with the contractor * provide a suitable operating facility for the contractor’s use * provide a sufficient number of vehicles to operate the demands of the system * provide a two-way-radio system * provide two support staff Mashburn said the transportation cost would be $1.2946 per vehicle mile (based on 650,000 estimated miles). Mr. Mashburn said the contract was for three years with two additional one-year options. In addition, he said the contract could be terminated by either party with a 90-day notice. Mr. Mashburn said the county attorney would probably revise the contract when it came up for renewal. He said the transportation vans were currently titled to the workshop, but when they were designated surplus, any revenues received would be given to the county. (New vehicles will be titled to the county.) Presently, the transportation staff works out of the workshop, but the county owns a vacant house that will be renovated to house the employees. Mashburn said the county had applied for a $30,000 grant to aid in the renovation costs. He said that when the employees moved into the structure, a monthly rent ($500 per mo.) could be charged from the state grant funds. In reference to the staffing for the transportation services, Mr. Mashburn said the county’s FY 2002-03 budget included the positions of a director, dispatcher, and clerical person. by Commissioner Williams to assume the contract dated January 31, 2002, between Laidlaw Transit Services and the Vocational Workshop/Iredell County Area Transit System (ICATS), and to instruct the county attorney and county manager to prepare and execute the necessary documents. VOTING: Ayes — 4; Nays — 0. Memorandum of Understanding: Mashburn said the purpose of the memorandum was to contract for the services of Mr. Ben Garrison (Executive Director for the Vocational Workshop) to serve as (1) contract administrator for the contract between Laidlaw Transit and the other service providers and (2) serve as the grant Administrator and liaison between the user agencies (Social Services, Council on Aging, Vocational Workshop, Kidney Dialysis Organization, Iredell Developmental Day Center, Elder Center, LifeSpan Village Place, Services for the Blind, I-CARE and the Iredell Charter School), the clients, the North Carolina Department of Transportation, and the county. He said the Vocational Workshop was agreeing to provide the management services of Garrison on a half-time basis. It addition, the workshop was (1) agreeing to provide office space until the county’s site was renovated and (2) transferring revenues received from the sale of surplus assets (vehicles) and Rural Operating Assistance Program grant funds, as well as the surcharge fees charged to the agencies since March. Mr. Mashburn said the county would agree to pay the workshop approximately $3,030.00 a month for six months ($44,000 is budgeted and $36,360 is required.) The county manager stressed that no county funds were involved other than the $16,000 already budgeted as a grant match. by Commissioner Johnson to authorize the chairman of the board of county commissioners and the county manager, after document review by the county attorney, to enter into a Memorandum of Understanding with the Iredell County Vocational Workshop to provide management and contract administration for the Iredell Transportation Services. VOTING: Ayes — 4; Nays — 0. ADJOURNMENT: by Chairman Tice to adjourn the meeting at 6:50 p.m. NEXT MEETING: Tuesday, July 2, 2002, 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes — 4; Nays — 0. Approved: x, lu, reo A foe C . Nene CHC ! (/ Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES JULY 2, 2002 The Iredell County Board of Commissioners met in Regular Session on Tuesday, July 2, 2002, at 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. Present: Chairman Sara Haire Tice Vice Chairman Karen B. Ray Tommy E. Bowles Steve D. Johnson R. Godfrey Williams Staff Present: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice. INVOCATION by Commissioner Johnson. PLEDGE OF ALEGIANCE ADJUSTMENTS OF THE AGENDA: [MOTION by Chairman Tice to adjust the agenda by adding a Request for Approval to Select Single-Prime Only Bidding for the Renovations of the Iredell County Government Center-South Project. VOTING: Ayes — 5; Nays — 0. PUBLIC HEARINGS Chairman Tice declared the meeting to be in a public hearing. CONSIDERATION OF THE ADOPTION OF A RESOLUTION THAT WILL ENABLE THE COUNTY TO LEVY THE THIRD ONE-HALF CENT SALES & USE TAX: County Manager Mashburn said the purpose of the hearing was to receive public input concerning the one-half cent sales tax authorized by the General Assembly that could become effective July 1, 2003. He said the General Assembly in 2001 approved Article 44 that increased the sales tax by a one-half cent through June 30, 2003. Mashburn said the counties had been given the option of levying the tax as of July 1, 2003. In addition, Mr. Mashburn said the North Carolina Senate recently passed its budget, and it contained a plan to allow the counties to accelerate the tax collection. He said the House, however, had not passed its budget. Mashburn said that if the House approved the tax acceleration, counties could start collecting as of August 1, 2002. He said another resolution would be required, but not a public hearing. County Finance Director Blumenstein said the one-half cent tax would be distributed 50% on per capita in Iredell County, compared to the entire state, and 50% on point of origin. She said that for FY 03-04, the tax would bring in $4,390,500 for Iredell County. The return for the municipalities would be: Harmony $ 22,511 Love Valley 3,093 Mooresville 616,736 Statesville 851,348 Troutman 78,340 Commissioner Williams asked the manager to explain why the board members were being asked to consider the tax. Mashburn said the county was expected to lose $3.2 million in reimbursements from the state next year. He said that for many years the county had received reimbursements for intangible taxes, inventory taxes, homestead exemptions, sales taxes on food stamps, and beer and wine taxes. Mashburn said the Governor withheld the money last year, but released it towards the latter part of the year. He said the Governor had withheld the funds this year and there wasn’t much hope they would be returned due to the state facing a $2 billion shortfall next year. Commissioner Williams asked what assurance the county had that the state wouldn’t withhold the half-cent sales tax if the resolution was approved. Mashburn said the General Assembly could go into session and eliminate the legislation permitting the tax levy, but the Governor could not withhold the sales tax. He said the Governor could not withhold the current one cent sales tax or the two one-half cent sales taxes. He said the reimbursements were just “promises” the General Assembly had made to the counties when legislation eliminated the intangibles taxes, inventory taxes, etc. Mashburn said the counties had accepted the General Assembly's legislation in “good faith” thinking the reimbursements would be distributed. Commissioner Johnson explained to the audience members that the commissioners felt there was a fiduciary responsibility to maintain the financial viability of the county. He said the reason the commissioners were even discussing the tax was because state officials had repeatedly rejected economic forecasts. He said four different economists had predicted the economy was going to slow down. Johnson said, “The legislature and the Governor’s office continued to predict economic growth in North Carolina of four to four and a half percent while everyone else said it would be much lower. When the funds didn’t materialize, they simply didn’t pay us what they owed to us. People of more liberal persuasion than myself will argue that the budget shortfall is due to the fact that when the Republicans dominated the House in Raleigh, they cut corporate and personal income taxes in the mid- 90s. Even the Democratic Secretary of State on Legislative Week in Review said one Sunday that two years after that, state government revenues were rising at an unprecedented rate. Why were they? Because they cut the marginal tax rate. Anytime the marginal tax rate is cut it frees up capital. It puts more money in the hands of the people and it spurs the economy. The economy was growing at an unprecedented rate. The rate of growth did slow down when the economy slowed down, but the state people kept on spending money.” Mr. Johnson continued by saying, “Medicaid in the last twenty years has gone up more, per capita, than 700%. They continually shift the responsibility of paying for Medicaid to the county level. Last year, the county had to pay well over one million dollars. Conservatively, we picked up about $1.8 million in new costs that was shifted to us. On budget items that are directly under the purview of this board and staff, it has been pretty bad.” Mr. Johnson also mentioned that in recent years, the legislature had shifted school utility costs to the counties. He said that according to his calculations, if the money had been taken from the time the legislature made the counties start paying utilities -- from that point until construction began on Lakeshore School, enough money in utilities had been spent to pay for the school. Johnson said the $1.8 million and the $3.2 million for the school amounted to $5 million that had been shifted to the county. Commissioner Ray concurred with Mr. Johnson. Ray said she wanted the public to understand the predicament the county was facing. Buddy Hemric (opponent of the tax levy resolution) said he was speaking on behalf of the Iredell Citizens for Integrity organization. He said the group was “always opposed to any taxes and tax increases.” Hemric said many people were unemployed, and this was one reason why the tax should not be levied. He said there was no guarantee the state would send the sales tax revenue to the county. He suggested that rather than passing a resolution to increase taxes, the county should adopt one to sue Governor Easley and the state. Charles Carter (opponent of the tax levy resolution) said he concurred with Commissioner Johnson’s comments. He said that every time a tax increase occurred the money was sent somewhere else, and the local people were no better off than before. Chris Shoobridge (proponent of the tax levy resolution) said he was a parent, a past PTO officer in the Cool Springs community, a property owner, a realtor, and he encouraged the passage of the resolution. He said that in his dealings with people considering a move to Iredell County, the question of tax levels was rarely discussed. Mr. Shoobridge said there were more important goals than being one of the lowest-taxed counties in the state. He encouraged passage of the resolution in order to help maintain and support the public school system. No one else requested to speak, and Chairman Tice adjourned the hearing. Commissioner Williams said that within 30 days, probably more information would be given out of Raleigh. Williams said he didn’t see a “rush” to approve anything. Commissioner Ray said the problems began in Raleigh, and the problems needed to be solved there. Commissioner Johnson mentioned that Cabarrus County Commissioner Coy Privette had contacted him about a potential lawsuit against the state. He said more information about the lawsuit would be obtained. Commissioner Bowles said, “The bad thing about a lawsuit is that it will put them (state) in more of a financial situation, and we all pay state taxes.” (No action taken on the resolution.) CONSIDERATION OF A _ PROPOSED FINANCING AGREEMENT PERTAINING TO THE PURCHASE/RENOVATION COSTS OF THE IREDELL COUNTY GOVERNMENT CENTER-SOUTH FACILITY: Chairman Tice announced it was the time and day arranged for the public hearing upon the proposed financing for the Iredell County Government Center-South facility to be used as a government services building pursuant to an installment financing agreement. Attorney Bill Pope said installment financing was authorized by G.S. 160A, and it was a mechanism to finance the acquisition and construction of certain real and personal property. He said a unit of government could borrow money on time by pledging equipment as collateral, and the taxing authority would not be pledged. Mr. Pope said that if the debt was not repaid, the only remedy the creditor had was to take the property. He said there was also a non-appropriation obligation on the part of the local government. Pope added that the interest rate was a little higher on installment financing than it was for general obligation bonds, where a full vote of the people was required. Blumenstein said there were two parts to the financing. The first involved an amount of $3,510,000 with $1.9 million of it paying off the existing note and the remainder of $1,610,000 for renovations, architectural/engineering fees, asbestos abatement, and site work. She said Bank of America had been approved for the financing on June 18, 2002, at 4.59% for 15 years. Blumenstein said the second part of the financing involved the renovations of the third floor for $923,200 if a lease with the North Carolina Department of Environment and Natural Resources could be negotiated. She said that if the lease was successful, the financing would be 10 years at 4.49%. Blumenstein said the $923,200 would not be borrowed if the lease negotiations failed. Charles Carter (opponent of the financing) said the building was about 50 years old. Mr. Carter said the financing was going to cost 5 or 6 million dollars. He said that during the meeting, no one had talked about the structure’s roof, the heating and a'r conditioning system, or how much the interest would cost. Mr. Carter said the county could have obtained adequate floor space for less than half of the money. No one else requested to speak. Chairman Tice said the hearing was required by law, but no action was needed. REQUEST FOR APPROVAL TO SELECT SINGLE-PRIME ONLY BIDDING FOR THE RENOVATIONS OF THE IREDELL COUNTY GOVERNMENT CENTER-SOUTH (ICGC-S) FACILITY: Support Services Director Jim Vernon recommended single-prime bidding for the ICGC-S. He said local governments could choose between single-prime or multi-prime bidding when placing construction work out for bids. Vernon said the project’s architects, as well as some construction representatives, had indicated the overall cost would be less if single-prime was used. Mashburn said that when there were several multi-prime contractors, the coordination between them sometimes made the costs increase. Vernon said the project was for the renovation of an existing building -- it was not new construction. He said this was why single-prime bidding was recommended. by Commissioner Bowles to accept the staff's advice and proceed with single-prime bidding on the Iredell County Government Center-South project. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER’S REPORT: Mr. Mashburn invited the commissioners and media on a tour of the new landfill cell on July 16, 2002, at 4 p.m. ADJOURNMENT: by Chairman Tice to adjourn the meeting at 8:10 p.m. NEXT MEETING: Tuesday, July 16, 2002, at 5:00 p.m., for an agenda briefing and at 7:00 p.m., for the regular meeting in the Iredell County Government Center, 200 South Center Street, Statesville, NC. (Optional tour of the new landfill cell at 4:00 p.m.) VOTING: Ayes — 5; Nays — 0. 2. C.-M CHC (/ Clerk to the Board Approved: Nit 14 , ALO a IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES JULY 16, 2002 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, July 16, 2002, at 5:00 p.m., in the Iredell County Government Center, 200 South Center Street, Siatesville, NC. Present: Chairman Sara Haire Tice Vice Chairman Karen B. Ray Tommy E. Bowles Steve D. Johnson R. Godfrey Williams Staff Present: County Manager Joel Mashburn, Planning Supervisor Ron Smith, Inspections/Planning Director Lynn Niblock, EMS Director Tracy Jackson, County Assessor Brent Weisner, Health Director Ray Rabe, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice. REQUEST FOR APPROVAL OF AMENDMENTS TO THE VOLUNTARY FARMLAND PRESERVATION PROGRAM ORDINANCE: Pianning Supervisor Smith explained the proposed amendments for the Farmland Preservation Ordinance and said there had been much interest in the program this past year. Cooperative Extension Chairman Ken Vaughn said two members of the Farmland Preservation Advisory Board and two members of the county’s planning staff were meeting to develop a plan for the road signage that would designate the districts. He said the group would be discussing a design for the signs and determining the costs involved. Vaughn said two agri-businesses had been approached about assisting with the sign costs. REQUEST FOR APPROVAL OF THE JUNE REFUNDS & RELEASES: County Assessor Brent Weisner explained the June refunds and releases. He said his staff had been preparing for the 2003 revaluation, and additional information regarding property values would be given in the next few months. ADJOURNMENT: Chairman Tice adjourned the briefing session at 6:25 p.m. Approved: hie cot Z, ttt Ba ty en f. Baw : os Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES JULY 16, 2002 The Iredell County Board of Commissioners met in Regular Session on Tuesday, July 16, 2002, at 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. Present: Chairman Sara Haire Tice Vice Chairman Karen B. Ray Tommy E. Bowles Steve D. Johnson R. Godfrey Williams Staff Present: County Manager Joel Mashburn, County Attorney Bill Pope, Planning Supervisor Ron Smith, Inspections/Planning Director Lynn Niblock, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice. INVOCATION by Commissioner Bowles. PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: by Chairman Tice to adjust the agenda by the following actions. Deletions: * Request for Approval of the Hazard Mitigation Plan * Request for the Designation of a Voting Delegate for the Annual Conference of the North Carolina Association of County Commissioners on August 22-25, 2002 Additions: * Request from the Health Department to Receive and Expend a Health Promotion Grant and Approval of Budget Amendment #1 VOTING: Ayes — 5; Nays -— 0. PUBLIC HEARINGS Chairman Tice declared the meeting to be in a public hearing. REZONING REQUEST: DONALD GOFORTH PROPERTY, CASE NO. 0206-1 FROM RESIDENTIAL AGRICULTURAL TO GENERAL BUSINESS CONDITIONAL USE DISTRICT: Planning Supervisor Smith said Mr. Donald Goforth desired to rezone 5.44 acres of property located off U.S. Hwy. 21 (PIN#4740-82- 0431). Smith said the proposed use for the site would be any/all uses in the General Business District with the following conditions: 1. underground utilities 2. site development plan to provide for shared parking with adjacent parcel 3. site development plan to provide for future interconnectivity between adjacent properties Mr. Smith said the request was in compliance with the standards recommended in the recent Exit 42 Study, and the property was located in the Interchange Commercial Area. He said the planning board unanimously recommended approval of the request on June 5, 2002. No one else spoke, and Chairman Tice adjourned the hearing. by Commissioner Ray, after reviewing the findings of fact and determining them to be in order, to grant the rezoning request of Case No. 0206-1 (Donald Goforth) from Residential Agricultural to General Business Conditional Use District with the three conditions. VOTING: Ayes — 5; Nays — 0. Chairman Tice declared the meeting to be in a public hearing. PROPOSED AMENDMENT TO THE IREDELL COUNTY SUBDIVISION ORDINANCE (SECTION 406) & ZONING ORDINANCE (ARTICLE VII) IN REFERENCE TO SUBDIVISION PUBLIC WATER CONNECTIVITY: Planning Supervisor Smith said the proposed amendments were the results of a directive given by the board of commissioners at the Winter Planning Session. He said the staff had reviewed ordinances from Alexander, Catawba, Rowan and Lincoln counties to determine how other governmental units handled subdivisions and public water connectivity. Smith said the amendments had been before the planning board on two separate occasions. He said the amendments only addressed new minor and major subdivisions and would not affect (1) family subdivisions and (2) splits of properties. (Also, any matters not under the direct purview of the subdivision ordinance.) Mr. Smith said the amendments were for new developments, and they would not be retroactive on subdivisions already platted or developed. Smith then summarized the amendments which were: 1. The following definition for a Public Water Supply System. An approved water supply system serving ten (10) or more connections, including municipal and sanitary district water systems as well as water systems designed to serve particular subdivisions at full development and constructed to specifications approved by the Iredell County Sanitarian in consultation with the State Division of Environmental Health. 2. Under “Connection Required,” to state the following: a. Wherever it is legally possible and practical to connect a major or minor subdivision to a public water system, such connection shall be made at the subdivider’s expense and shall be based on the requirements detailed in the table below. b. The term “legally possible and practical” shall mean the following: i. There is an existing water line of adequate size and water flow and/or pressure (as determined by the water provider) that correlates with the requirements described below, and ii. The water provider has agreed to provide service to the proposed development, and iii. An easement necessary to run a connecting line over property not owned by the owner of the proposed subdivision to be served can be reasonably obtained, and iv. There are no legal or documented topographical constraints which would prevent the subdivider from connecting onto and extending the existing system. v. If a request is made by a developer to exempt a subdivision from the standards of A.2 due to failure to meet or attain any of the factors listed in this section, the Subdivision Administrator shall review the pertinent background information submitted by the developer, consult with any applicable agencies, and make a final determination concerning connection to the subject water system. c. The following table shall be used to determine the minimum distance required for connection to a public water system based on the number of lots (all phases, present and future) being created in the subdivision. If the subdivider chooses to develop only a portion of the original tract, a determination of the potential number of lots that could be developed, based on Article 7.0 of the Zoning Ordinance, shall be made by the Subdivision Administrator. The distance shall be taken from the nearest point on the original lot line to the existing water line. Number of Lots Distance 0-10 200 feet 11-20 300 feet 21-50 600 feet 51-100 1,000 feet 101+ 1,500 feet (Example: Ifa fifteen-lot subdivision is proposed and the subdivision lies within three hundred feet of an existing water line, owned and operated by a public entity, the subdivision will need to be connected to that water system.) Smith said the planning board on June 5, 2002 recommended changes to the table. He said the first change was to go from 0-20 lots within 100 feet of an existing public water line and the second change was 101+ lots to 2,000 feet. d. Notwithstanding the statements listed above, the County may deem it necessary for health, safety, or for other public purposes to acquire, at the subdivider’s expense, the necessary easements and/or rights-of-way to facilitate the installation of public water facilities and require that they be installed. e. All required water line extensions shall include appropriate valves, hydrants, taps and service to the property line of each lot as required by the standards of the provider of service. a In addition to meeting all standards and regulations of their respective agencies, water systems must contain water lines that are sized to provide adequate fire protection as described in Section 406.1 of this ordinance. This provision shall not apply, however, on cul-de-sac roads (with no future extension possible) of lengths less than five hundred (500) feet or in cases where the main line of service to the proposed development is less than six inches in diameter. In no instance, however, shall water lines be less than two inches in diameter. Another amendment discussed by Smith was: Proposed Zoning Ordinance Amendment Article VII. Table of Area, Yard, and Height Requirements (a) Notwithstanding subsection (h), in the R-20, R-A and R-R* Districts a minimum lot size of 15,000 square feet may be permitted where either public water or sewer, or both is provided. The lot sizes required for the various districts of this ordinance were drawn based upon the assumption that adequate water supply and sewage disposal systems are available to each and every lot. The lack of adequate systems for one or both facilities may require larger areas or in some instances because Health Department standards may not permit development as intended. Smith said a change to this section had also been recommended. He said the minimum lot size had been changed from 15,000 sq. ft. to 20,000 sq. ft. by the planning board. Commissioner Johnson asked for a clarification on the property owner hooking onto the water line. Johnson said he understood the property owner would only pay if he or she chose to hook on -- that the mandate was for the developer to run the water line. He said there was no mandate for the property owner to hook onto the line. Smith said this was correct. Commissioner Bowles asked if fire hydrants would be required down the 2,000 sq. ft in subdivisions with over 100 homes, or if they were only required in the subdivisions. Smith said just in the subdivisions. Commissioner Ray asked if there were any regulatory dollar amounts in regard to tap-on fees, or if this was just at the discretion of the water companies. Smith said each water company had its own fee schedule. Commissioner Ray asked what agency approved the fee schedule, or changes in the water rates. Smith said that in the case of the Iredell Water Corporation, rate changes would first go before the board of directors and then to the North Carolina Public Utilities Commission. Bowles said the water companies had different rules about water line extensions. Carl Chambers, of Chambers & Sons Water Well Drilling, spoke in opposition to the amendments. Mr. Chambers said his well drilling business had been in operation for the past 46 years, and the amendments were being discussed at a bad time due to the drought and local water conditions. Chambers said it appeared the amendments were primarily for the water companies. Mr. Chambers voiced concerns about acts of terrorism on public water lines. Buddy Hemric said the homes in his area were on a community well and that several years ago the residents circulated a petition to connect onto a public water line. He said the water company refused service due to not having enough people interested. Mr. Hemric said the water company had to know how many people would utilize the service before the lines were extended due to the costs. He said it would appear the water companies would need a specific number of households from the developers. Smith said the developer would probably guarantee a specific number of tap-ons. Attorney Pope said the customary procedure of the water companies was to recover the cost of extending the water lines from the ones benefiting from the extension. He said that if it cost $10,000 to extend the line, the company knew how many new customers it would need to justify the cost. Pope said the water companies tried to protect the existing customers by not having a rate increase when line extensions occurred. Mr. Pope said that if a developer extended the water lines, the water company’s customers would not be affected because the developer paid the costs. Chairman Tice asked for a clarification on allowing homeowners to have wells when public water was available to them. Smith said that if a developer connected to a public water line, the amendments did not require a connection from the homeowner. He said the amendments required the developer to extend the water line to the property line of each lot. Smith said it would be up to the individual to attach onto the water line or have a well dug. He said the options might be diminished if the lots were less than 20,000 sq. ft. in size. No one else desired to speak, and Chairman Tice adjourned the public hearing. by Commissioner Bowles to postpone action on the proposed subdivision and zoning ordinance until the August 20, 2002 meeting. VOTING: Ayes — 5; Nays - 0. (Note: Commissioner Bowles said that between now and August 20, he would like the staff to find out more information about (1) the various policies used by the water companies pertaining to line extensions and (2) what benefits, if any, the county would gain by the water companies building one large well vs. several smaller ones by the individual homeowners. He noted that municipalities obtained their water from lakes.) ADMINISTRATIVE MATTERS UPDATE ON THE TRANSPORTATION IMPROVEMENT PROGRAM: Planning Supervisor Smith gave the following information about the major improvement projects listed in the North Carolina Transportation Improvement Program (TIP) for years extending from 2004-2010. 1. Interstate 40 * Interchange with 1-77: This includes a reconfiguration of the existing cloverleaf interchange. It will include “flyover” lanes rather than a traditional cloverleaf design. Planning for this project is underway and construction is scheduled to begin in 2007. The estimated cost of this project is $88,060,000. This has been moved up on the TIP list. In last year’s document this was considered a “post year” project, meaning there was no timeframe involved. * West of Exit 151 (Crossroads) to Exit 154: This project includes interchange modifications, pavement and bridge rehabilitation. There is no scheduled timeframe, as of yet, and this project is not funded. Estimated project cost is $12,263,000. There has been some talk of this project being included with the larger I-40 & I-77 project. If this happens, it is likely the project will be finished sooner. 2. Interstate 77 + — Interchange with Jane Sowers Road: This project will likely be included in the I-77/1-40 interchange project. The proposal would change the existing overpass to an interchange. At this time, there is no scheduled timeframe, or project cost. + Exit 33 Interchange Upgrade and Realignment of Centre Church Road: This project is currently in the design and right-of-way acquisition phase. Construction is scheduled to begin in 2003. Centre Church Road will line up with Gateway Boulevard and a traffic signal will likely be provided. Project cost is estimated at $6,405,000. + — Interchange at Langtree Road: This project would convert the existing grade separation to an interchange. The planning and design for this project is underway, while right-of-way will begin in 2004 and construction in 2006. The expected cost of this project is $10,530,000. * Widening and Reconstruction Feasibility Study: The State is looking at a widening project from NC 73 to I-40. This would be a 26-mile project. 3. US 21 from Cedar Lane Avenue to Moose Club Road in Troutman: This is an unfunded widening project that is estimated to cost approximately $4,075,000. There is no set timeframe for the project. 4. US 70 from Fanjoy Road in Statesville to US 601 in Salisbury: This project will widen the remaining portion of US 70 to multi-lanes and will relocate a portion of the existing roadway. Design and right-of-way acquisition is currently underway and construction is scheduled to begin in 2003. This is a lengthy project, 19.7 miles, and will likely not be finished until around 2010. The estimated cost for this project is $103,450,000. 5, NC 150 from Lincolnton to 1-77: This project has been in the TIP as an unfunded project for several years. Last year, Iredell partnered with Lincoln and Catawba Counties to request a feasibility study. The overall project would span 22.6 miles and cost approximately $96,742,000. 6. Brawley School Road Widening: This project will span from US 21 in Mooresville to Chuckwood Road near the Point. This would be a widening and relocation project with a new interchange being constructed at the intersection of I-77. It is currently in the planning and design stage. Construction is scheduled to begin in 2007. Project cost is estimated at $33,750,000. UPDATE ON THE VOLUNTARY FARMLAND PRESERVATION PROGRAM: Smith said the farmland preservation ordinance was adopted in July of 2001, and since that time, 7,300 acres or 43 farms had been approved for inclusion in a preservation district. REQUEST FOR APPROVAL OF AMENDMENTS TO THE VOLUNTARY FARMLAND PRESERVATION PROGRAM ORDINANCE: Planning Supervisor Smith described five amendments being proposed for the farmland preservation ordinance. The amendments were: 1. Page 5 (404.5) Add: Develop a county-wide farmland protection plan as defined in NCGS 106-744(e) (1) for presentation to the Board of Commissioners; 2. Page 6 (502.1) Removal of the provision allowing the inclusion of non-farm properties. 3. Page 6 (502.2) Add: (B) The Natural Resources Conservation Service; and 4. Page 6 (502.3) Add: The Natural Resources Conservation Service 5. Page 7 (601.2) Add: 1) forestry products, horticultural crops; 2) have good soil qualities; 3) have a favorable growing season, and under section 5) receive the available moisture needed to produce high yields for an average of eight out of ten years; or Attorney Pope asked the procedure that would need to be followed if the Department of Transportation desired to widen a road in one of the districts. Smith said a public hearing would have to be held by the Farmland Preservation Advisory Board. He said the board would have to determine if the road widening was the best alternative. Commissioner Williams said he understood the staff had a waiting list containing properties up for review by the farmland advisory board. Mr. Williams said he also understood that highway signs would soon be erected near the designated farmlands. Smith said there had been a waiting list since the farmland ordinance was first adopted. He said information about the signage was now being developed, e.g., who would pay for the signs, where they would be posted, and a sign design. Mr. Smith said developers with properties within a quarter of a mile of farmland districts would have include a statement on the bottom of plats indicating there were farming activities occurring that might be noxious to some people. by Commissioner Williams to approve the Farmland Preservation Program Ordinance amendments. VOTING: Ayes — 5; Nays — 0. CONSENT AGENDA by Commissioner Ray to approve the following six (6) consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. REQUEST FOR APPROVAL OF THE JUNE REFUNDS & RELEASES Breakdown of Releases $24,911.50 County $17,056.66 Solid Waste Fees 89.00 E. Alexander Co. Fire #1 226.28 Shepherd’s Fire #2 57.79 Mt. Mourne Fire #3 52.47 All County Fire #4 734.23 Statesville City 1,840.42 Statesville Downtown 1.99 Mooresville Town 3,801.54 Mooresville Downtown 0 Mooresville School 985.00 Love Valley 0 Harmony 0 Troutman 66.12 Breakdown of Refunds $ 1,867.08 County 1,361.94 Solid Waste Fees 0 E. Alexander Co. Fire #1 0 Shepherd’s Fire #2 30.19 Mt. Mourne Fire #3 0 All County Fire #4 107.94 Statesville City 101.48 Statesville Downtown 0 Mooresville Town 144.34 Mooresville Downtown 0 Mooresville School 121.19 Love Valley 0 Harmony 0 Troutman 0 2. REQUEST FOR APPROVAL OF A LEASE WITH PIEDMONT CREDIT UNION FOR SPACE AT THE OLD JAIL: (The credit union will pay $265 per month for office space in the Old Jail. The lease will extend through June 30, 2003.) 3. REQUEST FOR THE APPOINTMENT OF SUSAN BLUMENSTEIN AS THE ACTING COUNTY MANAGER FROM JULY 24-29, 2002: (The county manager will be on vacation during this period of time.) 4. REQUEST FROM THE EMS DEPARTMENT FOR APPROVAL OF THE 2002-2003 HEALTH PROFESSIONAL CONTRACT: (The contract will extend through June 30, 2003, and will be with Dr. Steve Folstad, affiliated with Mid-Atlanta Emergency Medical Associates (MEMA), for medical consultation and direction in support of Iredell County’s Emergency Medical Services and 9-1-1 Emergency Communications.) 5. REQUEST FOR THE APPROVAL OF MINUTES FOR JUNE 18, 2002, JUNE 27, 2002 & JULY 2, 2002 6. REQUEST FROM THE HEALTH DEPARTMENT FOR APPROVAL TO RECEIVE AND EXPEND A HEALTH PROMOTION GRANT AND APPROVAL OF BUDGET AMENDMENT #1: (The grant for $2,500 will be used to promote physical activity in youth ages 9-13. A memo from the health director explained that North Carolina youth were two or three times more likely to be overweight than the national average. Ten counties in North Carolina have been selected as recipients of the federal grant. The school systems will be used to encourage physical activity with children earning points for being “active” and classrooms competing against each other to win monthly prizes consisting of hoola hoops, soccer balls, badminton sets, jump ropes, etc.) END OF CONSENT AGENDA - - ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Nursing Home Advisory Committee (1 announcement) Adult Care Home Advisory Committee (1 announcement Juvenile Crime Prevention Council (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Juvenile Crime Prevention Council (2 appts.): No nominations were submitted, and Chairman Tice moved to postpone the two appointments until the August 6 meeting. VOTING: Ayes — 5; Nays — 0. Region F Aging Advisory Committee (2 appts.): No nominations were submitted, and Chairman Tice moved to postpone the two appointments until the August 6 meeting. VOTING: Ayes — 5; Nays — 0. | } Home and Community Care Block Grant Advisory Committee (2 appts.) Commissioner Johnson nominated Tracie Hill to the unexpired term of Brenda Gatton. MOTION by Chairman Tice to appoint Hill and postpone the remaining appointment until the August 6 meeting. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER’S REPORT: A written activity report was distributed. CLOSED SESSION: MOTION by Chairman Tice at 8:15 p.m., to enter into closed session for the purpose of discussing economic development - G.S. 143-318. 11(a) (4) and property acquisition - G.S. 143-318. 11(a) (5). VOTING: Ayes — 5; Nays — 0. (Return to Open Session at 9:09 p.m.) ADJOURNMENT: by Chairman Tice to adjourn the meeting at 9:09 p.m. (NEXT MEETING: Tuesday, August 6, 2002, 5:00 p.m. and 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC.) VOTING: Ayes — 5; Nays — 0. f / Approved: em tint by ? Ave ay ZL 4 f SNe uz CAC. ae . / Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES AUGUST 6, 2002 The Iredell County Board of Commissioners met in Regular Session on Tuesday, August 6, 2002, at 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. Present: Chairman Sara Haire Tice Vice Chairman Karen B. Ray Tommy E. Bowles Steve D. Johnson R. Godfrey Williams Staff Present: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice. INVOCATION by Commissioner Johnson. PLEDGE OF ALLEGIANCE TO THE FLAG ADJUSTMENTS OF THE AGENDA: by Chairman Tice to adjust the agenda by the following actions. Additions: * Request for Approval to Declare Surplus the Turnout Gear and Dress Uniform of an Assistant Fire Marshal and to Allow the Municipality of Elizabethtown, N.C., to Purchase the Apparel * Request for Approval of a Letter of Support Regarding an Economic Development Administration Grant and the Comprehensive Economic Development Strategy (CEDS) Analysis Deletions: * Request for the Designation of a Voting Delegate for the Annual Conference of the North Carolina Association of County Commissioners on August 22-25, 2002 * Closed Session Regarding Economic Development/G:S. 143-318.11(a)(5) VOTING: Ayes — 5; Nays — 0. APPOINTMENTS BEFORE THE BOARD STATESVILLE MAYOR JOHN MARSHALL DISCUSSES THE MEETING STREET PROPERTY IN REGARDS TO THE NEW IREDELL COUNTY LIBRARY: Mayor Marshall said the city council met and approved a budget of $1,498,626 for the demolition and cleanup of the Meeting Street site for the proposed library. Marshall said one property owner, since the June 18 meeting of the commissioners, had agreed to reduce the price for his property from $300,000 to $225,000. Mayor Marshall said gasoline contaminants were found in 2 of the 14 borings, and the site had five underground tanks. Marshall said the city was prepared to enter into a written agreement with the county regarding the site. (The budget submitted by Mayor Marshall is as follows.) Estimated Cost for Proposed Library Site on Meeting Street Land $450,000 Texaco site $300,000 Motel site 150,000 Foundation Drain $ 3,000 Demolition and Environmental cleanup 86,300 Demolition and environmental asbestos from swimming pool 72,801 Concrete and asphalt removal 17,500 Reroute gas lines 15,071 Reroute Adelphia lines 0 Estimate for cut and fill of soil 16,000 Construction of retaining wall 125,000 Phase 1 & 2 environmental 10,300 Construction pad 15,000 Storm Drains 56,727 Site Preparation for Meeting Street over Eastside Drive site 25,000 Contingency 120,000 General Fund Total $1,012,699 Reroute water and sewer lines 117,427 Water sewer fund total 117,427 Reroute electrical above ground 216,000* Reroute Bell South line 150,000 Electrical fund total 366,000 Total estimated cost for site preparation $1,496,126 ** Estimate for underground electrical = $302,500 Revenue: Council pledge 500,000 Patron pledge 200,000 Brick donation 50,000 Patron pledge 75,000 lredell County site preparation monies for Eastside Drive 90,000 Total pledged revenue $915,000*** * Provided by city electric utility director ** Cost estimates per county architect, contractors, city engineer *** Revenue data per Mayor Commissioner Bowles said he understood there were five underground tanks. He asked how much money the city would be willing to spend for environmental cleanup. Marshall said $86,300 was in the budget for demolition and environmental cleanup. He added that $120,000 was in contingency. Commissioner Johnson said he noticed in the draft agreement, submitted by the City of Statesville, that the county would purchase the properties, and then the city would reimburse the county. County Manager Mashburn said this was the basic premise. Johnson raised concerns about environmental problems, and who, or what governmental unit would pay to correct them, especially if Statesville never became a deed holder of the Meeting Street properties. Attorney Bill Pope said the person that caused the contamination would be considered the primary responsible party. He said it was only when this person was insolvent, nonexistent, or unavailable, that secondary responsible parties would be looked at or considered. He said that if the “primary responsible party wasn’t in the picture for some reason, then probably there would be an additional element of protection if the city could be inserted between the property owner and the county.” Library Architect Earle Gaulden said a needs list had been compiled to make the Meeting Street site “buildable.” Gaulden said it was his opinion the city had addressed all of the items. Mr. Gaulden said the soil engineer had stated “the groundwater would not be an issue in regards to construction and excavation, except with deep excavation.” Gaulden said a mechanical room would be located in the basement area, and it would be built similar to a swimming pool -- concrete walls, heavy slab/14 inches deep, with drains around it, and two sump pumps. Gaulden said $3,000 had been earmarked for a foundation drain that would be three-feet deep at the back and four or five-feet deep in the front. Mr. Gaulden said the drain would extend all the way around the building, and it would drain any water that came towards the structure. He said a pad would be built to set the building on -- the pad would form a bridge over the water. Gaulden said it was his opinion, the structural engineer’s opinion, and the soil engineer’s opinion, that the building would be adequately supported over the groundwater. He said, “that’s not a problem.” Commissioner Williams asked about parking. Gaulden said there would be 130 parking spaces. Johnson questioned why the library would need sump pumps if there wasn’t a concern about the water. Gaulden said, “We’re doing them (pumps), not because we are concerned about the water, but to take care of the water if it appears.” Commissioner Ray clarified Mr. Gaulden’s statement by saying the pumps would be there in case there were problems. Chairman Tice said she recalled the board of commissioners previously decided to accept the Meeting Street site as the location of the new library with the understanding the City of Statesville would (1) deliver documentation that showed the suit was suitable for the construction and (2) documentation to show the city had committed resources to put the site in a “buildable” condition. Johnson voiced concerns about the site being “buildable.” Bowles voiced concerns about structural problems, due to the site’s location, that might surface ten years, or so, in the future. He said it would be on the “county’s dollar to correct the problems.” Commissioner Ray questioned why the experts were allowed to evaluate the site if some of the board members were not going to listen to anything they said. Commissioner Williams said the board needed to clarify which governmental entity would purchase the properties. Attorney Pope said the county had somewhat less risk if the city were inserted between the county and the property owners. by Commissioner Williams to require that the City of Statesville purchase the Meeting Street properties. Mayor Marshall then spoke and offered for the city to take the county’s $5.6 million and build the library. He said the building would be owned by the city, but the county could use it free of charge. Marshall said he was willing to return to the council to seek approval of the arrangement. Commissioner Williams asked who would employ the library staff. Marshall said it would be the city’s building, but the county could operate it. Commissioner Johnson asked who would maintain the building. Marshall said the city would not assume the maintenance. He said he was trying to allay any fears about any structural problems that might occur five or ten years from now. VOTING: Ayes — 5; Nays — 0. by Commissioner Ray, based on the expertise provided to the City of Statesville and Iredell County by the library architect, his structural engineers, the civil engineers, along with the experts the City of Statesville contracted with, and their assurance that the Meeting Street site was structurally sound and “buildable” and in accordance with the motion passed on June 18, 2002, by a five to zero vote, to accept the documentation that shows the site is a suitable site for construction, and the documentation submitted by Mayor Marshall to show that the city has committed resources to put the site in a “buildable” condition, and further, that we instruct the County Attorney and County Manager to review the joint agreement and put it into final legal form and to authorize the chairman to execute the agreement and instruct the architect to do a site development plan and begin final working drawings. (Mrs. Ray added that every member of the board shared the same concern and due diligence in regards to the proper handling of tax dollars that belonged to the Iredell County citizens, and that each member desired to make good, sound decisions regarding the expenditure of those dollars.) Commissioner Johnson then read the following prepared remarks. “I personally desire to keep the Iredell County library in the downtown area of the county. For the county seat to be the cultural and governmental seat of a county, even in a county as diverse as Iredell County, this is certainly desired. It is desired in both a practical and marketing point of view. The degree to which I desire this is demonstrated by the fact that I voted to proceed with an examination of the Meeting Street site. A site which closes one of the busiest streets in the city and involves considerable cost to the city. But it is not my intention to revisit these issues, but to show that they are indicative of my desire for the library to be downtown. “When I first approached the city early in the process, and Statesville by the way, is one of the few cities that does not help fund a library in its city limits, my hope was to secure funding for the library which would enhance it. Since we were only funding approximately 80% of our needs, we were hopeful that city funds would help us make the library bigger, or better, or both. The fact is now, the city will spend $1.4 to $1.5 million dollars, but the money will not result in a library that is any improvement over the one we would have had if they had chosen to spend nothing. In fact, it could result in less of a building because of the problems with the site. During the borings, I made several trips to the site. I have been told that I am not a structural engineer, and this is true, but I do know water when I see it and gasoline when I smell it. In my mind, when we voted to allow them to examine the site, it was to give this board an opportunity to make an educated decision for ourselves as to whether this site was desirable. It is the process of this board to seek advice. This board can choose to accept the advice or not. I was there when a gentleman dropped a rock down the first hole and heard a distinctive splash, as when a rock is dropped into water if a substantial depth is present. I was there when they bored one hole, and at three and one-half feet water and mud came out. This is in the midst of a four-year drought -- the worst drought in decades. “On one visit to the site, after exiting my vehicle, I immediately encountered the strange smell of gasoline. The crew was boring in the middle of Meeting Street. Placing a $5.6 million building on a site such as this would be understandable in a densely developed metropolitan area, but Statesville is not. “Would the city be willing to appropriate $1.6 million to another site in the downtown area? If not, why are they so tied to this site with all of its problems? “What if the city exercised the same vigor in securing another site than Meeting Street? Perhaps we would be presented with a site that is more suitable and not require the closing of a street that is constantly used by business traffic and regularly used by emergency vehicles. “The $1.5 or the $1.6 million gets us no larger building, no nicer building, no additional parking, just muck, mud, clay and gasoline. “I am not against the location of the library, but the underground streams remain in the midst of a terrible drought extending over a period of four years. If the Lord blesses us with rain, and I trust that he will, water will be a greater problem than what it is today. But then, it will be the county’s problem -- just like the city’s problem with the fire department -- but only worse because we will have a building full of books. “One word kept recurring in the council’s debate last night. This word was ‘unknown.’ Unknowns will eventually become known, and when this happens, they will be county problems at county expense. “What are we giving up on Meeting Street? (1) Room for any significant expansion of floor space in the future (2) Room for any significant expansion for parking (3) Loss ofa major traffic corridor for business and emergency vehicles and (4) Peace of mind that the facility will not need substantial maintenance in the future. “What do we get? (1) No larger building (2) No nicer building (3) The unknowns discussed at the city council meeting last night and (4) Convenience of some members of our community at the expense of the entire community. “We have an opportunity for cooperation between the city and county. I desire that, but participation does not necessitate the spending of $1.5 million on a polluted site plagued with water problems since before we were all born. “Again, I prefer downtown, but not at Meeting Street, and who knows at what cost. I can only hope that the people of Statesville and Iredell believe that 1 want what is in the long term best interest of all of the patrons of the library, and that I do not desire to raise the possibility of huge costs to future boards of commissioners and subsequently the taxpayers.” (end of Johnson’s remarks) Commissioner Williams said a downtown site had always been his preference. He said that originally he felt an addition to the present library, with parking to be located at the Bryant Building site, was the best choice. He said that approximately 48,000 sq. ft. could have been achieved with this plan. Mr. Williams said that later, discussions started occurring about building a totally new library at the Bryant Building site, but it was determined the area was not large enough. He said that after this, the county started considering the Eastside Drive site. Mr. Williams said this was a “beautiful” site with more than enough space. He said it was only then, when the county was considering Eastside Drive, that the city became interested. Williams said that on June 18, 2002, the board of commissioners agreed in a five to zero vote that if the city could develop the property and come up with the financing, the site would be approved. He said the commissioners may have been wrong in making the decision, but he gave his word in the vote, and he would rather be considered stupid than dishonest. Johnson said the county manager, in the agenda briefing, had said the building design would work on either site. Mr. Johnson said the option was still available for the commissioners. Commissioner Johnson said he had talked to engineers, and they had advised that if the county had another site, the library shouldn’t be placed on the Meeting Street property. VOTING: Ayes - 3 (Ray/Tice/Williams); Nays — 2 (Bowles/Johnson). MR. DAVID MAYFIELD AND MR. THORNTON BROOKS DISCUSS THE RECENT DECISION TO ALLOW NON-PROFIT RETREATS IN RESORT RESIDENTIAL DISTRICTS: Mr. Mayfield said he was concerned about the board’s decision on May 7, 2002 to allow non-profit retreats in Resort Residential (RR) areas. Mayfield said he believed the board of commissioners made an error in the decision, especially since a special use permit would not be necessary. He also expressed concerns about not notifying adjoining property owners. He said his single-family neighborhood would be affected by the business, known as “Quiet Waters” that had prompted the recent decision. Mr. Mayfield said the non-profit, or business, had advertised on its web site that it could house and feed 80+ guests. He mentioned public safety and health concerns. He also mentioned concerns about property values decreasing. Mayfield said the environmental health inspector, who designed the septic system, said the facility was fashioned to accommodate 16 people (eight bedrooms). Mayfield said “Quiet Waters” was actually a business, and it was advertising that it could house large groups of people, prepare and serve them meals, and operate a training center for them. He said the advertisement also said the guests would have use of the property’s grounds, along with the use of Lake Norman for boating, skiing, and swimming. Mr. Mayfield said that not only were the residents near “Quiet Waters” being impacted by the zoning decision, but over 50% of the lake-front property owners in the county would be affected. Thornton Brooks then spoke and asked the board to reexamine the decision. He \ . said that prior to the amendment, the retreat usage was permitted only “by right” in the business districts zoned Residential Office (RO) through Community Business (CB) . He said non-profit retreats were not classified in the residential or recreational use sections, but they were listed for educational and institutional uses. Mr. Mayfield said he understood the change occurred to assist or to allow a retreat located in the Northwest Subdivision that was not in compliance with the RR regulations. He said that with the change, the retreat would be acceptable to the county without requesting a zoning change to one of the RO through CB classifications, or at the very least, a variance within the RR zoning district. Mr. Brooks said he understood that variances were normally granted in hardship cases, or as a last resort to correct errors that were not intentionally caused by the applicants. Brooks said the owners of the retreat applied for permits in the RR zoning as a single-family residence. He said that to the best of his knowledge, he wasn’t aware of any hardships in the situation. Mr. Brooks said the retreat owners had deed restrictions that only permitted single-family residences. Planning Supervisor Ron Smith said he agreed with Mayfield and Brooks. He said, however, the amendment was not done just to appease one property owner, but that it did correct a discrepancy in the ordinance. Smith said the planning department was receiving numerous inquiries about the retreat, and his office was waiting to see what type of site plans were submitted. Commissioner Bowles asked if the retreat property was situated in two different zoning designations. Smith said it was in RA-Residential Agricultural and RR-Resort Residential. Bowles said he recalled the zoning ordinance, before the amendment, didn’t allow any non-profit retreats in RR zoning. He said that at the May 7 meeting, it was stated this was probably a text omission that needed to be corrected. Smith agreed. He said that when the matter was being studied, he couldn’t find a reason for non-profits to be omitted from RR districts. Commissioner Williams asked if the non-profit retreat was illegally located in the RR district. Smith said yes. He said building permits were issued for a house. Smith said that once the proposed retreat was discovered, the staff began pursuing violation charges. Commissioner Ray asked the retreat owner’s explanation when the notice of violation was given. Smith said he felt the owner was not aware of what would be allowed in the RR zoning. Commissioner Ray asked how the retreat owner would be affected if the board of commissioners changed or revised the amendment. Smith said that at this point, the owner did not have a legally operating retreat. He said the retreat would not be “grandfathered” or have vested rights. Mr. Smith said that if the commissioners desired to change the zoning decision, the matter would have to be referred back to the planning board. He said, then, a recommendation would be submitted to the commissioners. Commissioner Ray asked if the facility had the correct tax status to be considered a non-profit retreat. Smith said the ordinance was silent on how the planning department determined this. He said that when the owner tried to obtain approval of the site plan, the staff would try to obtain documentation on the tax status. Smith said the burden of proof would be on the property owner. Commissioner Bowles said he recalled a letter indicating that the property owner was in compliance. Smith said that at that time the letter was written (over a year ago), the operation was not up and running to the point it was now. Mr. Smith said the letter was probably given in error. by Commissioner Ray to refer the matter to the planning board with a request for expeditious treatment in regards to consideration of whether the RR zone text description should be amended to require that a special use permit be issued prior to using a property for retreat purposes. VOTING: Ayes — 4; Nays — 1 (Bowles). CONSENT AGENDA by Commissioner Williams to approve the following nine (9) consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. REQUEST FOR ACCEPTANCE OF THE 2001 TAX SETTLEMENT FOR REAL & PERSONAL PROPERTY TAXES & APPROVAL OF THE COLLECTION ORDERS FOR THE TAX COLLECTOR & SHERIFF: The 2002 tax orders are as follows. STATE OF NORTH CAROLINA ( ) COUNTY OF IREDELL ( ORDER ) TO: THE TAX COLLECTOR OF THE COUNTY OF IREDELL ( ) You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the Office of the Tax Assessor and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County of Iredell, and this order shall be a full and sufficient authority to direct, require and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with law. STATE OF NORTH CAROLINA ( ) COUNTY OF IREDELL ¢ ORDER) TO: THE SHERIFF OF THE COUNTY OF IREDELL ( ) You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the Office of the Tax Assessor and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County of Iredell, and this order shall be a full and sufficient authority to direct, require and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with law. 2. REQUEST FROM THE SHERIFF’S DEPARTMENT FOR APPROVAL OF A CONTRACT WITH SMITH, ROGERS & STRICKLAND, PLLC, FOR LEGAL CONSULTATION AT $14,355 A YEAR: (For additional information see briefing session minutes.) 3. REQUEST FROM THE SHERIFF’S DEPARTMENT FOR APPROVAL OF BUDGET AMENDMENT #2 FOR: 1. The transfer of $10,000 in commissary funds for the purchase of a new filing system. 2. The transfer of $7,200 from seized funds for the purchase of 15 weapons (Glock Pistols). 3. The transfer of $32,725 in seized funds for the purchase of hand-held radios. 4. REQUEST FOR APPROVAL OF AN ELECTING COUNTY STATUS FOR THE IMPLEMENTATION OF THE WORK FIRST BLOCK GRANT PROGRAM EXTENDING FROM OCT. 1, 2003 — SEPT. 30, 2005: Iredell County will continue to be classified as an electing county in reference to the Temporary Assistance for Needy Families funding that is administered through the Work First Block Grant. 5. REQUEST FOR APPROVAL OF BUDGET AMENDMENT #3 FOR THE RECOGNITION OF A NEW GRANT FOR THE SPECIAL CHILDREN’S ADOPTION FUND & CARRYOVER OF STATE FUNDING FOR CRISIS INTERVENTION PAYMENTS: Budget Amendment #3 in the amount of $48,395 for the Special Children’s Adoption Fund and $75,710 in Crisis Intervention funds was approved. 6. REQUEST FOR THE FINAL APPROVAL OF A WET DETENTION POND, A CASH BOND, AND AN OPERATION/MAINTENANCE AGREEMENT FOR JOHN DEERE LANDSCAPES, 216 TRANSCO ROAD, MOORESVILLE, NC: During the briefing session, Planning Supervisor Smith said everything was in order for approval of the John Deere Landscape wet detention pond. 7. REQUEST FOR APPROVAL TO DECLARE SURPLUS THE TURNOUT GEAR AND DRESS UNIFORM OF AN ASSISTANT FIRE MARSHAL AND TO ALLOW THE MUNICIPALITY OF ELIZABETHTOWN, N.C., TO PURCHASE THE APPAREL: The following resolution was approved. Resolution for the Sale of Certain Surplus Personal Property WHEREAS, the County of Iredell has possession of the following items of personal property which are surplus to its needs and desires to dispose of the same. NOW THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Iredell County that since the municipality of Elizabethtown has requested the following items, they shall be sold to that governmental unit as provided in G.S. 160A-274 for consideration in the amount of five hundred dollars ($500.00). Fire Turnout Gear (coat and pants) Dress Blue Uniform x*eeek 8. REQUEST FOR APPROVAL OF A LETTER OF SUPPORT REGARDING AN ECONOMIC DEVELOPMENT ADMINISTRATION GRANT AND THE COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY (CEDS) ANALYSIS: Approval was given for the chairman to sign a letter advising that Iredell County would be participating in the Comprehensive Economic Development Strategy for the purpose of seeking new ideas to assist the unemployed and underemployed and to allow the Western Piedmont Council of Governments to act as the lead agency for the initiative. 9, REQUEST FOR APPROVAL OF THE JULY 16, 2002 MINUTES sstsiintiieineitiniiasicaneantaeiaet END OF CONSENT AGENDA REQUEST FOR ALTERNATE APPOINTMENTS FOR THE RURAL TRANSPORTATION ADVISORY COMMITTEE (RTAC) AND THE RURAL TRANSPORTATION TECHNICAL COORDINATING COMMITTEE (RTTCC): MOTION by Chairman Tice to (1) waive the board’s Rules of Procedures regarding Announcements/Appointments to Boards and Committees, (2) appoint Vice Chairman Karen Ray to the Lake Norman Rural Transportation Advisory Committee as an alternate and (3) appoint Planning Supervisor Ron Smith to the Lake Norman Rural Transportation Technical Coordination Committee as an alternate. VOTING: Ayes — 5; Nays — 0. APPOINTMENTS TO BOARDS & COMMISSIONS Juvenile Crime Prevention Council (3+ appts.): Commissioner Johnson nominated Steve Lane (school superintendent’s designee) and Vicki M. Dame (commissioners’ appointee). by Chairman Tice to appoint Lane and Dame and to postpone the remaining appointments until the August 20 meeting. VOTING: Ayes — 5; Nays — 0. Region F Aging Advisory Committee (2 appts.): No nominations were submitted, and Chairman Tice to postpone the appointments until the August 20 meeting. VOTING: Ayes — 5; Nays — 0. Home and Community Care Block Grant Advisory Committee (1 appt.): No nominations were submitted, and Chairman Tice to postpone the appointment until the August 20 meeting. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee (1 appt.): _No nominations were submitted, and Chairman Tice to postpone the appointment until the August 20 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Advisory Committee (1 appt.): No nominations were submitted, and Chairman Tice to postpone the appointment until the August 20 meeting. VOTING: Ayes — 5; Nays — 0. UNFINISHED BUSINESS PUBLIC WATER CONNECTIVITY: [MOTION by Commissioner Johnson for the board to indefinitely postpone any consideration of the public water connectivity ordinance until some alleviation in the drought situation had occurred. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER’S REPORT: County Manager Mashburn said the renovations on the former Agricultural Building would soon be finished. The building, now called the Hall of Justice Annex, will have offices for the district attorney on the top level and the Register of Deeds on the lower level. Mr. Mashburn invited the commissioners to tour the building on August 20, 2002, at 4:00 p.m. el ADJOURNMENT: by Chairman Tice at 8:50 p.m., to adjourn the meeting. NEXT MEETING: Tuesday, August 20, 2002, 5:00 p.m. and 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. (Optional tour of the Hall of Justice Annex on Water Street at 4:00 p.m.) VOTING: Ayes — 5; Nays — 0. - : —) / } , Approved: JL. ( A Lt L x c il oe a Ma ; @ 4) 2 Lt. 7 [/ Clerk to the Board 10 IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES AUGUST 6, 2002 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, August 6, 2002, at 5:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. Present: Chairman Sara Haire Tice Vice Chairman Karen B. Ray Tommy E. Bowles Steve D. Johnson R. Godfrey Williams Staff Present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, Jail Administrator Rick Dowdle, Social Services Director Don Wall, Income Maintenance Administrator Lynn Deal, Social Work Supervisor Linda Bledsoe, Library Director Steve Messick, Tax Collector Joe Ketchie, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice. REQUEST FOR ACCEPTANCE OF THE 2001 TAX SETTLEMENT FOR REAL & PERSONAL PROPERTY TAXES & APPROVAL OF THE COLLECTION ORDERS FOR THE TAX COLLECTOR & SHERIFF: In accordance with G.S. 105-373, Tax Collector Joe Ketchie presented a printout containing the 2001 Iredell County real and personal property tax settlement. Ketchie said the settlement had been significantly affected by the number of increased bankruptcies. He said there had been 444 bankruptcies with 283 being Chapter 11 filings and 161 Chapter 7s. He requested acceptance of the settlement, and approval of the 2002 tax collection orders for himself and the sheriff. REQUEST FROM THE SHERIFF’S DEPARTMENT FOR APPROVAL OF A CONTRACT WITH SMITH, ROGERS & STRICKLAND, PLLC, FOR LEGAL CONSULTATION AT $14,355 A YEAR: Jail Administrator Rick Dowdle requested approval of a contract that would retain a law firm to provide 24-hour, 7-days- a-week, legal consultation services. Dowdle said the annual amount of $14,355 covered the retainer, legal consultation by telephone, and it included the preparation of court documents, if needed. Mr. Dowdle said the contract amount was included the sheriff's budget for 2002-03. REQUEST FROM THE SHERIFF’S DEPARTMENT FOR APPROVAL OF BUDGET AMENDMENT #2 FOR: 1. The transfer of $10,000 in commissary funds for the purchase of a new filing system. 2. The transfer of $7,200 from seized funds for the purchase of 15 weapons (Glock Pistols). 3. The transfer of $32,725 in seized funds for the purchase of hand-held radios. Dowdle said a roll type filing system was being purchased for the sheriff's office. In reference to the hand-held radios, Dowdle said the sheriff was concerned about the radio system and desired to improve communications and safety for the officers. REQUEST FOR A DECISION REGARDING STANDARD OR ELECTING COUNTY STATUS FOR THE WORK FIRST PROGRAM EXTENDING FROM OCT. 1, 2003 — SEPT. 30, 2005: Social Services Director Don Wall said the county, since 1997, had chosen an electing status for the implementation of the Work First Block Grant Program. Wall said that federal regulations governing Temporary Assistance for Needy Families (TANF) required states and counties to submit work plans every two years, and he recommended that the electing status continue through the 2003-2005 cycle. (Electing status is described in G.S. 108A-27.4, and standard status is described in G.S. 108A-27.6). REQUEST FOR APPROVAL OF BUDGET AMENDMENT #3 FOR THE RECOGNITION OF A NEW GRANT FOR THE SPECIAL CHILDREN’S ADOPTION FUND & CARRYOVER OF STATE FUNDING FOR CRISIS INTERVENTION PAYMENTS: Social Services Director Wall said his office had been informed that unspent Crisis Intervention Program (CIP) funding would carry forward into State Fiscal Year July 1, 2002 — June 30, 2003. He requested approval of a budget amendment to recognize an anticipated CIP amount of $55,754. In addition, Wall said the state was allowing $3,397 in Special Children’s Adoption fund money to be spent in August. He requested recognition of this amount along with $45,000 approved by the state in July. Wall said the combined total of $48,395 had to be used to enhance the county’s adoption program. He said that during 2001-2002, his department had finalized 20 adoptions. REQUEST FOR FINAL APPROVAL OF A WET DETENTION POND, A CASH BOND, AND AN OPERATION/MAINTENANCE AGREEMENT FOR JOHN DEERE LANDSCAPES, 216 TRANSCO ROAD, MOORESVILLE, NC: Planning Supervisor Ron Smith said John Deere Landscapes had constructed a wet detention pond in accordance with Section 507 of the county’s Watershed Protection Ordinance. Smith said the pond had been inspected and everything was in order for approval, e.g., cash bond in the amount of $7,625 to cover the cost of future pond maintenance/repair and an operation and maintenance agreement that would be recorded in the office of the Register of Deeds. SUMMARY FROM THE PLANNING SUPERVISOR REGARDING ANNEXATION PLANS SUBMITTED BY THE CITY OF STATESVILLE: Smith said state laws required municipalities to submit proposed annexation plans to the counties, and that recently the City of Statesville had submitted a proposal containing small tracts located on the north and northeastern sides of the city. Mr. Smith said that all of the areas, with the exception of two, were in the city’s extraterritorial jurisdiction. He said the annexation would primarily affect the county through fire protection. Smith said that under North Carolina law, cities had to provide the same type of fire protection in annexed areas that it offered in the city limits. He said cities could contract with the volunteer fire departments, enter into mutual aid agreements, or take over service completely. Smith said the volunteer fire departments that would be affected by the annexation were Cool Springs, Monticello and Ebenezer. He said the city had agreed to pay a portion of the accrued debt for the Cool Springs VFD, and it would provide a good faith lump sum to Monticello and Ebenezer. (Cool Springs submitted debt information to the city, but Monticello and Ebenezer did not.) Smith said the following 12 properties were in the annexation plan: Energy United, Bill Ray Martin, A-1 Mobile Homes, RV Feimster, David Castleberry, Wayne Homes, Wilson Martin, Larry & Sue Hedrick (all in the Cool Springs VFD district), Lowes Foods and Mayhew properties (Ebenezer VFD district) and Ryder Truck Rental and Southern Bell (Monticello VFD district). Mr. Smith said the properties in the annexation proposal were non-residential structures, and since the county distributed sales tax revenues on a per capita basis, there would not be a revenue deficit. Smith said the annexation would become effective October 31, 2003, if the city did not alter the plan. (Mr. Smith said no action was needed by the commissioners.) REQUEST FOR THE DESIGNATION OF A VOTING DELEGATE FOR THE ANNUAL CONFERENCE OF THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS ON AUGUST 22-25, 2002: The commissioners discussed this request and decided to postpone a decision on the voting delegate until the August 20 meeting. REQUEST FOR APPROVAL TO DECLARE SURPLUS THE TURNOUT GEAR AND DRESS UNIFORM FOR AN ASSISTANT FIRE MARSHAL AND TO ALLOW THE MUNICIPALITY OF ELIZABETHTOWN, N.C., TO PURCHASE THE APPAREL: Finance Director Blumenstein said Assistant Fire Marshal Jamie Fulk had resigned from the county due to being offered a Fire Chief position in Elizabethtown, N.C. She said custom-fitted apparel (dress uniform costing 2 $250 at the time of purchase and turnout gear at $1,070 at the time of purchase) had been purchased for Mr. Fulk, and the county would not have any use for the items when the assistant fire marshal left for his new position. Mrs. Blumenstein said Elizabethtown had offered $500 to purchase the apparel, and she felt the sale would be advantageous for both the county and the municipality. REQUEST FOR APPROVAL OF A LETTER OF SUPPORT REGARDING AN ECONOMIC DEVELOPMENT ADMINISTRATION GRANT AND THE COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY (CEDS) ANALYSIS: County Manager Mashburn said four North Carolina Congressional districts had been invited to apply for economic development funds due to the closing of industrial and manufacturing plants and the resulting unemployment. He said the Western Piedmont Council of Governments had been asked to serve as the lead agency for the grant funds. Mashburn said Iredell County would probably not be eligible for any of the grant money, but a letter of support for the initiative had been requested. He said the counties would be evaluated and strategies would be identified to “redirect the basic economic focus.” (In this congressional district, it would be discouraged to rely so heavily on textile and furniture manufacturing.) Mashburn said the grant funds would be used in the eligible counties to implement the recommended strategies. REQUEST FOR APPROVAL OF A PRELIMINARY EXTERIOR DESIGN FOR THE NEW IREDELL COUNTY LIBRARY AND PRESENTATION FROM ARCHITECT EARLE GAULDEN REGARDING THE MEETING STREET SITE & ITS SUITABILITY FOR THE NEW LIBRARY: Architect Gaulden and Library Director Steve Messick attended the meeting to discuss the new library. Exterior Design Gaulden said a library model would be created once a final exterior design was chosen. Mr. Gaulden then discussed and shared drawings about the following exterior concepts. Traditional Scheme: This would be a box-like structure with ten-foot ceilings and Ionic columns on the outside. A substantial amount of money would go into the pediment. The front-exterior section would be made of fiberglass. Modern Scheme: Two drawings with modern designs were presented. One was with a curved-front exterior and the other had a flat-front. The flat-front design incorporated an arched entryway. (It was mentioned that an arch complemented any design. It was also mentioned that the Statesville City Hall building had an arched entryway, and the Iredell County Government Center had an interior arch.) The architect said the county could save money by choosing the modern design over the traditional concept. (This is because the columns and overhang would be eliminated.) The savings could then be used to provide extra space. Mr. Gaulden said his preference would be an exterior that utilized a modern scheme with an arched entryway. He said a modern design with an arch could be used on the Eastside Drive property as well as the Meeting Street site. Library Director Steve Messick said he also liked the modern design, especially since the financial savings could go towards extra space. It was the consensus of the board members to choose the modern design utilizing an arched entryway. The architect was instructed; however, to develop some decorative ideas concerning the front portion of the building -- ideas that would eliminate some of the blandness. / S 4 Approved: ( Lec west ¢ Lib AR \ Lin C J] am 7 Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES AUGUST 20, 2002 The Iredell County Board of Commissioners met in Regular Session on Tuesday, August 20, 2002, at 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. Present: Chairman Sara Haire Tice Vice Chairman Karen B. Ray Tommy E. Bowles Steve D. Johnson R. Godfrey Williams Staff Present: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, Planner Ron Smith, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice. INVOCATION by Commissioner Bowles. PLEDGE OF ALLEGIANCE TO THE FLAG ADJUSTMENTS OF THE AGENDA: by Chairman Tice to adjust the agenda by the following actions. Additions: *Request for Approval of Financing Documents for the Iredeli County Government Center-South *Request for Closed Sessions Involving Economic Development G.S. 143-318.11 (a) (4) and Personnel — G.S. 143-318.11 (a) (6) Deletions: *An Appearance from Jeff McKay in Reference to an Economic Development Project at 7:00 p.m. * Presentation and Recommendations from Hunter Human Resources Extension Regarding a Clerical Study for Positions Classified from Grade 57 through 65 in the Iredell County Pay Plan * Request for a Discussion Concerning a Community Block Development Grant for Concentrated Needs * Request for Approval of a Budget Amendment for Lake Norman Volunteer Fire Department Debt Retirement in the amount of $209,060 VOTING: Ayes — 5; Nays - 0. REQUEST FOR APPROVAL OF A PROCLAMATION PROCLAIMING SEPTEMBER 16-29, 2002 AS “LITTER SWEEP WEEK” by Commissioner Williams to approve the following “Litter Sweep Week” proclamation. VOTING: Ayes — 5; Nays — 0. PROCLAMATION DECLARING SEPTEMBER 16-29, 2002 AS “LITTER SWEEP WEEK” WHEREAS, the North Carolina Department of Transportation annually organizes a statewide fall roadside cleanup to assure clean and beautiful roads across our State, and to preserve a sound environment for the generations to come; and WHEREAS, a fall “LITTER SWEEP” roadside cleanup has been planned for September 16-29, 2002, to give government agencies, civic and professional organizations, churches, schools, businesses, families and concerned citizens the opportunity to partner with the Department of Transportation in its goal of clean and beautiful roadsides by organizing community cleanups in all 100 counties across the State; and WHEREAS, Adopt-A-Highway volunteers, Department of Transportation employees, local government officials and workers, community service workers, and environmentally concerned citizens, annually conduct fall community roadside cleanups during “LITTER SWEEP,” and may receive Certificates of Appreciation for their efforts, and WHEREAS, the grand natural beauty of our State and a clean environment are sources of great pride for all North Carolinians, attracting tourists and aiding in recruiting new industries; and WHEREAS, the 2002 fall cleanup will celebrate the 14" Anniversary of the North Carolina Adopt-A-Highway program and the thousands of volunteers who contribute their labor and time year round to keep our roadsides clean. NOW, THEREFORE, the Iredell County Board of Commissioners hereby proclaims September 16-29, 2002 as “LITTER SWEEP” in Iredell County, and encourages all citizens to take an active role in making their communities cleaner and more beautiful. This the 20th day of August, 2002. REQUEST FOR APPROVAL OF A PROCLAMATION PROCLAIMING AUGUST 25-31, 2002 AS “RACIAL HARMONY WEEK:” MOTION) by Commissioner Johnson to adopt the following “Racial Harmony Week” proclamation. VOTING: Ayes — 5; Nays — 0. PROCLAMATION DECLARING AUGUST 25-31, 2002 AS “RACIAL HARMONY WEEK” WHEREAS, S.T.A.R. (Standing Together Against Racism), a Greater Statesville Chamber of Commerce project, will be sponsoring a series of dialogue sessions to promote public awareness and an understanding of the diversity in our communities; and WHEREAS, the Iredell County Board of Commissioners applauds the efforts of committees and groups that seek to bring our citizens together to promote racial and ethnic harmony; and WHEREAS, the Iredell County Board of Commissioners feels that open and free discussion about our county’s racial issues is the best way to bring about harmony among all of its citizens. NOW, THEREFORE BE IT RESOLVED, that the Iredell County Board of Commissioners proclaims the week of August 25-31, 2002, as Racial Harmony Week and recommends for its citizens to participate in open and free discussions in an effort to bring about racial harmony throughout the county. This the 20" day of August, 2002. APPOINTMENTS BEFORE THE BOARD MR. DAVID R. SWANN, AREA DIRECTOR FOR CROSSROADS BEHAVIORAL HEALTHCARE DISCUSSES THE “LOCAL BUSINESS PLAN” REGARDING MENTAL HEALTH REFORM & THE IMPLEMENTATION OF STATE PLAN 2002: BLUE PRINT FOR CHANGE: David Swann, the Area Director for the Crossroads Behavioral Healthcare, described the Local Business Plan needing to be developed to meet the North Carolina Department of Health & Human Services’ requirements. He said the State’s plan was lengthy, and it had the following four goals: Consolidate area programs (There’s 39 now, and the State would like no more than 20.) Reduce the number of State hospital beds. Best value purchasing (“Purchasing provider services and outsourcing it.”) Have a County Model (This would be a single-public entity that would purchase services and shape public policy around community services for persons needing health care.) eww Swann said another goal was to direct public funds towards the target population. He said some individuals who received assistance in the past would not be eligible for services in the future. Mr. Swann then shared information about the following: 1. Timeline for the Local Business Plan (July 2002 — April 2003) 2. Consumer and Family Advisory Committee (CFAC) 3. Local Managing Entity Function Diagram 4. Parameter Sheet Detailing how Crossroads would become a Local Managing Entity 5. A Listing Showing the General Preferences for Selecting Providers 6. “Talking Points” Sheet Mr. Swann said Crossroads in the future would become less identified as a service provider and more identified as a service manager. He said the focus in the future would be to shift resources towards a smaller group of people (target population), or the ones having the most serious needs. Attorney Pope asked if the providers would be competing. Swann said yes, unless they were the only provider offering the service. Commissioner Johnson asked if Crossroads would become larger or add another county. Swann said probably. Commissioner Bowles asked the number of employees Crossroads would have in the future. Swann said that on a regional basis, probably 50 to 100 people. Chairman Tice asked Mr. Swann if any action was needed. Swann said no. He said he was giving an update, and he was just trying to ensure that the Local Business Plan was “going in the right direction” with the commissioners. PUBLIC HEARING Chairman Tice declared the meeting to be in a public hearing. CONSIDERATION OF A ZONING ORDINANCE AMENDMENT THAT WILL ALLOW NON-PROFIT RETREAT CENTERS IN RESORT RESIDENTIAL (RR) DISTRICTS AS A “SPECIAL USE”: Planning Supervisor Smith said a zoning ordinance amendment had been prepared to allow non-profit retreats in the RR district as a special use. He said that on May 7, 2002, the ordinance was amended to allow the retreats as a permitted use, but the staff and planning board were now recommending that in RR districts, a special use permit be required. Smith said the change would require non-profit retreat centers (RR district) to be reviewed by the board of adjustment. In addition, he said the centers would have to meet criteria in the ordinance as well as the special use requirements. Smith said the planning board recommended approval of the most recent amendment on August 7, 2002. Attorney Bedford Cannon spoke in favor of the amendment. He said the residents near the North Carolina Quiet Waters Christian Fellowship Inc., retreat were concerned about the facility and its usage. Mr. Cannon said he understood the facility derived some of its revenues from its occupants. Cannon said the area residents were not trying to “assault” non-profits, but they were concerned about the way the retreat derived its funding. He said that, basically, the retreat was operating a business with 70 or 80 guests at any given time. Mr. Cannon said he would ask that rather than allowing non-profits in the Resort Residential district “by right,” that they be considered as a special use and taken up on a case-by-case basis. Mr. Cannon asked the individuals in the audience who were in favor of the amendment to stand up. Approximately 50 people stood up. No one else desired to speak, and Chairman Tice adjourned the public hearing. by Commissioner Johnson to concur with the recommendation of the planning board and to allow non-profit retreat centers in Resort Residential Districts as a special use and not as a permitted use. VOTING: Ayes — 5; Nays — 0. ADMINISTRATIVE MATTERS CONSENT AGENDA by Commissioner Johnson to approve the following twelve (12) consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. REQUEST FOR THE POSTPONEMENT OF THE MECKLYNN ROAD REZONING PUBLIC HEARING (RESIDENTIAL AGRICULTURAL TO MULTI-FAMILY RESIDENTIAL DISTRICT) UNTIL OCTOBER 2002: (The postponement was requested by both the applicant and the citizens in opposition to the rezoning.) 2. REQUEST FOR APPROVAL OF A REVISED CABARRUS/IREDELL/ROWAN CONSORTIUM JOINT COOPERATION AGREEMENT FOR THE HOME INVESTMENT PARTNERSHIP ACT & APPROVAL OF A RESOLUTION REGARDING THE SAME: (The resolution is as follows.) RESOLUTION AUTHORIZING THE CHAIRMAN OF THE IREDELL COUNTY BOARD OF COMMISSIONERS TO ENTER INTO A JOINT COOPERATION AGREEMENT EXTENDING THE CABARRUS/IREDELL/ROWAN HOUSING CONSORTIUM WHEREAS, the County of Iredell, North Carolina has determined that the health and welfare of its jurisdiction may benefit from increasing the availability of safe, affordable and standard housing; and WHEREAS, the County of Iredell has determined that providing safe, affordable, and standard housing will benefit work force productivity and area economic development; and WHEREAS, a cooperative approach to providing housing in Cabarrus, Iredell and Rowan counties will avoid duplication of effort and promote more effective delivery of housing services; and WHEREAS, a consortium of local governments may be entitled to receive funds from the U.S. Department of Housing and Urban Development, that they would be unqualified to receive individually; and WHEREAS, the Cranston-Gonzalez National Affordable Housing Act of 1990 makes provisions whereby units of general local governments may enter into cooperation agreements and form consortia to undertake or assist in undertaking affordable housing pursuant to the HOME Investment Partnership Program; and WHEREAS, the County of Iredell, North Carolina, along with other units of general local governments, with the City of Concord as the lead entity, desire to form the Cabarrus/Iredell/Rowan Housing Consortium to undertake or assist in undertaking affordable housing under the Cranston-Gonzalez National Affordable Housing Act of 1990; and WHEREAS, Article 20 of Chapter 169A of the North Carolina General Statutes authorize units of local government to enter into contracts or agreements with each other in order to execute any undertaking; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY OF IREDELL THAT: 1. The County of Iredell hereby supports the continuation of the Cabarrus/Iredell/ Rowan Housing Consortium. The Chairman of the Board of Commissioners is authorized to execute an agreement with other participating units of general purpose local government in Cabarrus/Iredell/Rowan counties to sustain this Consortium, and 2. The Chairman is further authorized to sign all contracts, grant agreements, including certifications, approved by the County Attorney, with the Department of Housing and Urban Development, the State of North Carolina or other agencies as may be required to carry out activities of the Consortium. xk ke * 3. REQUEST FOR APPROVAL OF BUDGET AMENDMENT #4 REGARDING THE FUND BALANCE RELEASE OF $100,000 FOR MOUNT MOURNE VOLUNTEER FIRE DEPARTMENT 4. REQUEST FOR APPROVAL OF THE JULY 2002 REFUNDS & RELEASES Releases $21,151.66 County 14,412.82 Solid Waste Fees 253.00 E. Alex. Co. Fire #1 25.16 Shepherd’s Fire #2 201.45 Mount Mourne Fire #3 69.37 All County Fire #4 549.45 Statesville City 1,688.55 Statesville Downtown 0 Mooresville Town 2,938.46 Mooresville Downtown 0 Mooresville School 815.00 Love Valley 0 Harmony 0 Troutman 198.40 Releases 2,734.32 County 1,623.73 Solid Waste Fees 1.00 E. Alex. Co. Fire #1 0 Shepherd’s Fire #2 7.25 Mount Mourne Fire #3 0 All County Fire #4 10.50 Statesville City 0 Statesville Downtown 0 Mooresville Town 12.33 Mooresville Downtown 0 Mooresville School 19.19 Love Valley 0 Harmony 0 Troutman 1,060.32 5. REQUEST FOR APPROVAL OF THE HAZARD MITIGATION PLAN 6. REQUEST FROM THE HEALTH DEPARTMENT FOR APPROVAL OF BUDGET AMENDMENT #5 & PERMISSION TO AUTHORIZE UP TO $111,285 IN DEFERRED REVENUES FROM MEDICAID MAXIMIZATION FUNDS FOR RESPECTIVE HEALTH DEPARTMENT PROGRAMS AND RE-DIRECT PREVIOUSLY BUDGETED COUNTY FUNDS FOR POSSIBLE WEST NILE VIRUS PROGRAM 7, REQUEST FOR THE DENIAL OF AN EXCISE TAX REIMBURSEMENT FOR THE FOODMAN, SURANE, HUNTER AND KARRES LAW FIRM 8. REQUEST FOR APPROVAL TO PARTICIPATE IN A GRADUATE STUDIES PROJECT WITH UNC-CHARLOTTE FOR THE PREPARATION OF A CAPITAL IMPROVEMENT PLAN 9. REQUEST FOR APPROVAL TO USE CENTRALINA COG MEMBERSHIP HOURS FOR GREATER STATESVILLE DEVELOPMENT CORPORATION PROFILE UPDATES FOR FISCAL YEAR 02-03 10. REQUEST FOR THE DESIGNATION OF COMMISSIONER GODFREY WILLIAMS AS THE VOTING DELEGATE FOR THE ANNUAL CONFERENCE OF THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS ON AUGUST 22-25, 2002 11. REQUEST FOR APPROVAL TO CANCEL THE MEETINGS SCHEDULED ON TUESDAY, NOVEMBER 5, 2002 (ELECTION DAY) AND TO RESCHEDULE THEM FOR MONDAY, NOVEMBER 4, 2002: (The briefing will be at 5 p.m., and the regular business session will be at 7 p.m.) 12. REQUEST FOR APPROVAL OF THE AUGUST 6, 2002 MINUTES (Note: The briefing minutes describe some of the consent agenda items.) sass alitpaesinaasonititn END OF CONSENT AGENDA-----------------------------"-- REQUEST FOR APPROVAL OF FINANCING DOCUMENTS FOR THE IREDELL COUNTY GOVERNMENT CENTER-SOUTH (ICGC-S) FACILITY: In the agenda briefing, Finance Director Blumenstein said nothing had been changed from the previous meetings pertaining to the ICGC-S installment financing, e.g., interest rate. She said the financing resolution basically gave the chairman and members of the staff permission to sign the documents. Attorney Pope said the General Statutes allowed counties to participate in installment financings. He said the ICGC-S property would be pledged as the collateral. Pope said there would be no deficiency judgment -- the only recourse for the lender would be against the property. Chairman Tice introduced the following resolution and read its title to the audience. RESOLUTION APPROVING A PROPOSED INSTALLMENT FINANCING AGREEMENT TO FINANCE THE COST OF ACQUIRING CERTAIN REAL PROPERTY AND RENOVATING THE BUILDING LOCATED THEREON FOR USE AS COUNTY COURT AND OFFICE FACILITIES, APPROVING CERTAIN OTHER DOCUMENTS AND ACTIONS RELATING THERETO AND AUTHORIZING OTHER OFFICIAL ACTION IN CONNECTION THEREWITH WHEREAS, the County of Iredell, North Carolina (the “County”) has determined that it is necessary and expedient to finance (i) the acquisition of certain real property in Mooresville, North Carolina, including the refinancing of a promissory note issued by the County to provide interim financing for such acquisition, and (ii) the renovation of the building located thereon for use as County court and office facilities (collectively, the “Project’”); and WHEREAS, in order to effectuate the financing of the Project, the County and Bank of America, N.A. (the “Bank”) propose to enter into an Installment Financing Agreement (as hereinafter defined), pursuant to the authority granted to the County under Section 160A-20 of the General Statutes of North Carolina; and WHEREAS, the Board of Commissioners has determined that it is in the best interests of the County that the County enter into said Installment Financing Agreement to make available to the County funds with which to finance the cost of the Project; and WHEREAS, in connection with such financing, it is necessary for the County to approve certain other documents relating thereto and to authorize certain action in connection therewith; and WHEREAS, there have been presented at this meeting copies of the following documents relating to the financing of the Project: (a) a draft of the proposed Installment Financing Agreement, to be dated as of August 30, 2002 or another mutually agreeable date (the “Installment Financing Agreement”), between the County and the Bank, pursuant to which the Bank will make available to the County funds to finance the cost of the Project, and the County will, among other requirements, be obligated to make Installment Payments (as defined in the Installment Financing Agreement) and certain other payments; and (b) a draft of the proposed Deed of Trust, to be dated as of August 30, 2002 or another mutually agreeable date (the “Deed of Trust”), from the County to PRLAP, Inc., as deed of trust trustee; for the benefit of the Bank, by which the County will secure its obligations to the Bank under the Installment Financing Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners for the County of Iredell, North Carolina: Section 1. Capitalized words and terms used in this resolution and not defined herein shall have the same meanings in this resolution as such words and terms are given in the Installment Financing Agreement. Section 2. The forms, terms and provisions of the Installment Financing Agreement and the Deed of Trust are hereby approved in all respects, and the Chairman or Vice Chairman of the Board of Commissioners, the County Manager, the Director of Finance and Administration, the Clerk to the Board of Commissioners, and the County Attorney, are hereby authorized and directed to execute and deliver the Installment Financing Agreement and the Deed of Trust, in substantially the forms presented at this meeting, together with any changes, modifications and deletions as they, with the advice of counsel, may deem necessary and appropriate; such execution and delivery shall be conclusive evidence of the approval and authorization thereof by the County. Section 3. The Chairman or Vice Chairman of the Board of Commissioners, the County Manager, the Director of Finance and Administration, the County Attorney, and the Clerk to the Board of Commissioners, are authorized and directed to take such action and to execute and deliver such documents, certificates, undertakings, agreements and other instruments as they, with the advice of counsel, may deem necessary or appropriate to effectuate the transactions contemplated by the Installment Financing Agreement and the Deed of Trust. Section 4. This resolution shall take effect immediately upon its passage. x * KK AFTER CONSIDERATION OF THE FOREGOING RESOLUTION, COMMISSIONER RAY [MOVED| THE PASSAGE THEREOF, WHICH MOTION WAS DULY SECONDED BY CHAIRMAN TICE, AND THE FOREGOING RESOLUTION WAS PASSED BY THE FOLLOWING VOTE: Ayes — 4 (Tice/Ray/Bowles/Williams) Noes — 1 (Johnson) ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS OR REAPPOINTMENTS TO COMMITTEES Welfare Reform Committee (10 mandatory appointments) APPOINTMENTS TO BOARDS & COMMISSIONS Juvenile Crime Prevention Council (2 appts.): No nominations were submitted, and Chairman Tice moved| to postpone the appointments until the September 3 meeting. VOTING: Ayes — 5; Nays - 0. ee Region F Aging Advisory Committee (2 appts.): Commissioner Williams nominated Barbara Barrier. No other nominations were submitted. Chairman Tice moved | to appoint Barrier and to postpone the alternate position appointment until the September 3 meeting. VOTING: Ayes — 5; Nays — 0. Home and Community Care Block Grant Advisory Committee (1 appt.): Commissioner Ray nominated Lynda Sloan. No other nominations were submitted, and Chairman Tice to close the nominations and appoint Sloan by acclamation. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee (1 appt.): No nominations were submitted, and Chairman Tice moved) to postpone the appointment until the September 3 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Advisory Committee (1 appt.): No nominations were submitted, and Chairman Tice to postpone the appointment until the September 3 meeting. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER’S REPORT: The county manager said a written activity report had been distributed. He also said the ten-day attendance report from the two school systems had been received. Mashburn said the [redell-Statesville School System reported an increase of 856 students since this same time last year. He said the Mooresville Graded School System indicated it had 87 more students. Mashburn said he did not have any figures for the charter and private schools. Joint Meeting with the Iredell-Statesville School Board: Mashburn said the Iredell-Statesville School Board had requested a joint meeting with the commissioners. The commissioners agreed to meet with the school board on Monday, September 23. Joint Meeting with the Social Services Board: Mashburn said the Social Services Board had requested a meeting to discuss space or facility needs. The commissioners agreed to meet with the Social Services Board on Tuesday, October 8. Update on North Carolina Budget: Finance Director Blumenstein gave a status report on the differences between the House and Senate budgets. Mrs. Blumenstein said the State was operating on a two-year budget. She also mentioned that the Moody’s Investor Service had lowered the State’s bond rating due to the unbalanced budget. CLOSED SESSION: [MOTION] by Chairman Tice to enter into closed session at 9:35 p.m. for the purpose of discussing matters relating to Economic Development: G.S. 143-318.11 (a) 4 and Personnel: G.S. 143-318.11 (a) 6. VOTING: Ayes — 5; Nays — 0. (Return to Open Session at 9:50 p.m.) CALL FOR A PUBLIC HEARING ON SEPTEMBER 3 REGARDING AN ECONOMIC DEVELOPMENT INCENTIVE: | by Commissioner Ray to call for a public hearing on September 3, 2002, at 7:00 p.m., for the consideration of an economic development incentive in the amount of $112,800 (over a five-year period) for Millard Refrigeration based on a $6 million investment. VOTING: Ayes — 5; Nays — 0. CALL FOR A PUBLIC HEARING ON SEPTEMBER 3 REGARDING AN ECONOMIC DEVELOPMENT INCENTIVE: | by Commissioner Williams to call for a public hearing on September 3, 2002, at 7:00 p.m., for the consideration of an economic development incentive in the amount of $146,640 (over a five-year period) for BestSweet, Inc., based on a $7.8 million investment. VOTING: Ayes — 5; Nays — 0. ADJOURNMENT: [MOTION| by Chairman Tice to adjourn the meeting at 9:51 p.m. NEXT MEETING: Tuesday, September 3, 2002 (5 p.m. and 7 p.m.) in the Iredell County Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes — 5; Nays — 0. Approved: diet 5,202 A. C- nrre Clerk to the Board 9 IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES AUGUST 20, 2002 The Iredell County Board of Commissioners met in Briefing Session at 5:00 p.m., on Tuesday, August 20, 2002, in the South Wing Conference Room of the Iredell County Government Center, 200 South Center Street, Statesville, NC. Present: Chairman Sara Haire Tice Vice Chairman Karen B. Ray Tommy E. Bowles Steve D. Johnson R. Godfrey Williams Staff Present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, County Assessor Brent Weisner, Emergency Management and Communications Director Larry Dickerson, County Assessor Brent Weisner, Health Director Ray Rabe, Environmental Health Supervisor Kelly Sheeks, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice. REQUEST FOR A DISCUSSION REGARDING THE POSTPONEMENT OF THE MECKLYNN ROAD REZONING PUBLIC HEARING (RESIDENTIAL AGRICULTURAL TO MULTI-FAMILY RESIDENTIAL DISTRICT): Planning Supervisor Ron Smith said the planning board on August 7 heard a request from Davidson Development to rezone approximately 11 acres from Residential Agricultural to Multi-Family Residential District. He said that at the meeting, there were several individuals against the new zoning, and they had requested more time to prepare their case before the matter was heard by the commissioners. Smith said the applicant was also requesting more time. He said that normally a zoning request would be heard by the planning board one month, and during the next month, the case would be presented to the board of commissioners. Smith said that if the commissioners agreed with the postponement, the rezoning request would be presented in October instead of September. REQUEST FOR APPROVAL OF A REVISED CABARRUS/IREDELL/ROWAN CONSORTIUM JOINT COOPERATION AGREEMENT FOR THE HOME INVESTMENT PARTNERSHIP ACT & APPROVAL OF A RESOLUTION REGARDING THE SAME: Erskine Smith, the Mooresville Assistant Town Manager, explained that since the May 2, 2002 meeting, when the consortium agreement was presented and approved, a few changes had been recommended by the U.S. Housing and Urban Development attorneys. Smith said one change was to correct the qualification period (Federal Fiscal Years 2003-2005). Another change was to stipulate in item 15 that the City of Kannapolis had been added as anew member. REQUEST FOR A DISCUSSION CONCERNING THE COMMUNITY DEVELOPMENT BLOCK GRANT CONCENTRATED NEEDS APPLICATIONS (CDBG-CN): Shelley Williamson, a planner with Centralina Council of Governments, said the CDBG-CN program was designed to assist local governments in improving and developing residential neighborhoods. She said the process was on a state-wide competitive basis and the application deadline was September 23, 2002. Williamson said there were six different types of community block development grants, and one of them was for economic development. (Due to the lack of time to prepare an application, this item was deleted from the agenda.) Discussion on the Scattered-Site Housing Program Funds: Mr. Mashburn said the county would be receiving $400,000 from the Department of Commerce for the scattered-site housing program. Due to the extensive administrative oversight needed for the grant, Mashburn recommended that the county contract with Centralina for the work. Williamson said there were many “strings” attached to the $400,000. She said the money would be sent to the county, but it could be used by the municipalities. Williamson said the funds would be given as loans to homeowners for home repairs. She said the funds were distributed this way to prevent individuals from selling or trying to make a profit out of the renovated properties. A question was asked about extending water sewer with the money, and Williamson said this could be done. Another question pertained to using the money for road improvements, and she said the funds could be used for this purpose. REQUEST FOR APPROVAL OF A BUDGET AMENDMENT IN THE AMOUNT OF $209,060 FOR THE LAKE NORMAN VOLUNTEER FIRE DEPARTMENT’S DEBT RETIREMENT: (This item was deleted from the agenda.) REQUEST FOR APPROVAL OF BUDGET AMENDMENT #4 REGARDING THE FUND BALANCE RELEASE OF $100,000 FOR MOUNT MOURNE VOLUNTEER FIRE DEPT: Mount Mourne Fire Chief Steve Knox, and Wayne Turner, a member of the VFD’s Board of Directors, attended the meeting and requested the release of $100,000 in fund balance to aid in the financing of a new fire station. Knox said the project was ready for site preparation. Chief Knox said the department had worked hard to keep the district’s tax rate low. He added that just recently the Department of Insurance had reduced the district’s insurance rating from a nine to a seven. (The department’s fund balance, after the budget amendment will be $14,506.) REQUEST FOR APPROVAL OF THE JULY 2002 REFUNDS & RELEASES: County Assessor Brent Weisner explained the refunds/releases and requested their approval. Update on Tax Bills for the 2002-2003 Tax Year: Weisner said 88,330 tax bills had been mailed with a total amount due of $45,126,122 for the county (over $68,000,000 for all jurisdictions). He said this year, for the first time, taxes could be paid using the Internet with a credit card. REQUEST FOR APPROVAL OF THE HAZARD MITIGATION PLAN: Emergency Communications (ECOM) and Emergency Management Director Larry Dickerson requested approval of the Hazard Mitigation Plan required by Senate Bill 300 and the Disaster Mitigation Act of 2000. Dickerson said the plan was comprehensive, and it tried to prioritize the hazards or problem areas in the municipalities and county. Radio Transmission Near the Chuckwood Road area: Chairman Tice said some First Responders were concerned about the radio transmissions beyond the Chuckwood Road area. Dickerson said mobile radios should be workable in the area. He said, however, there might be problems with portable radios, because the communications system was designed for base (ECOM office) to mobile radios. Mr. Dickerson said that no one had spoken to him about the problem. Chairman Tice also shared a concern about the maps not being up-to-date. Mr. Dickerson said current maps were shared with all of the fire departments. He said that if the First Responder(s) had contacted him, he would have taken care of the situation. REQUEST FROM THE HEALTH DEPARTMENT FOR APPROVAL OF A WEST NILE VIRUS RESPONSE BUDGET: Health Director Ray Rabe said his FY 2002-03 budget did not include a course of action to combat the West Nile virus. He said the understanding, at budget time, was that he would return to the board of commissioners if a diseased bird were found in an adjacent county. Rabe said that unfortunately, infected birds had been found in two adjacent counties (Mecklenburg and Lincoln). (An infected bird was also found in nearby Surry County.) He also mentioned the high mortality rate in Louisiana. Rabe said his department had sent out thousands of public notices or mailings that listed ways to control the mosquito population. Mr. Rabe said his department could not do anything else without a budget. He submitted the following budget for the board’s consideration; however, he said it would not be immediately implemented. Rabe said the plan would be to activate the budget if an Iredell County bird or horse were found infected, or if a human case was reported in an adjacent county. Proposed FY 2002-2003 West Nile Virus Response Budget . REVENUES Town of Mooresville City of Statesville TOTAL ESTIMATED REVENUES 7. ae EXPENDITURES WEST NILE VIRUS RESPONSE 5100.02 Sal & Wages Regular (1 FTE Sanitarian Tech) 20,326.00 (begins 8/1/02) 5125.01 FICA Tax Expense 1,555.00 | 5125.02 Group Ins. Expense 3,960.00 | 5125.03 Retirement Expense 2,035.00 5100.04 Provision for O.T. TOTAL SALARY & FRINGE 27,876.00 5315.00-INSURANCE & BONDS Professional Liability - Unemployment - Blanket Bond - General Liability : Building & Contents - Automobile Insurance 438.00 | Medical Malpractice - Workers Compensation 11,006.00 (Includes EH Supv. II & Sanitarian Tech) TOTAL INSURANCE & BONDS 11,444.00 | | 5325.01 MAINTENANCE AND REPAIR — EQUIPMENT 500.00 Mosquito Sprayer Maintenance 5340 POSTAGE 2,000.00 5350.00 DEPARTMENTAL SUPPLIES Includes: 2 hand-held Larvacide Sprayers @ $300 each 1,000.00 Anvil Adulticide 1,000.00 VectoBac Larvacide 2,000.00 Bactimos Briquetes 1,500.00 2 Office Chairs @ $350 ea 700.00 New Workstation Supplies 750.00 5350.04 AUTOMOTIVE SUPPLIES 1 New Vehicle 800.00 5355.00 TELEPHONE EXPENSE (STATESVILLE) BellSouth 2 lines @ $23.00/line/mo. 552.00 | BellSouth Long Distance AT&T Long Distance 96.00 2 NEXTEL cellular phones 1,800.00 5360.00 TRAINING AND DEVELOPMENT West Nile Virus Response Staff Training 2,000.00 5366.00 UNIFORMS Sanitarian Technician 75.00 5375.00 CONTRACTED SERVICES-OTHER WNV Response Field Helper - $10/hour April-Oct 16,092.00 WNV Response Office Temp - $9.25/hour April-Oct 14,900.00 Health Education Assistance 1,200.00 5480.00 COMMUNITY AWARENESS WNV Response Public Education 4,000.00 5800.08 CAPITAL OUTAY- EQUIPMENT Storage Building, Placarding 3,500.00 5800.12 CAPITAL OUTLAY- VEHICLES Full Size Pickup - West Nile Virus Response Program 17,500.00 Total Estimated Expense $111,285.00 Rabe said the workers comp could probably be deleted from the budget, because the employee would be hired mid-year in the cycle. He also mentioned that if there was a suitable vehicle already in the county’s fleet, it could be used. Sheeks said that if an infected bird or horse were found in the county, resources would be needed. He said the main line of defense against the virus was to destroy the mosquito larvae before they reached adulthood. He said a sprayer had been made available by the State. In reference to the funds needed, County Manager Mashburn recommended that Medicaid Maximization money be used. He said that if the health department needed money from this fund for some other expenditure in the future, e.g., Health Insurance Portability & Accountability Act, the county’s fund balance could be used. Rabe voiced concerns about using the Medicaid Max funds. He said the federal funds were not a “sure thing,” and he had problems using them for operational costs. He added there would probably be State cuts this year, and funds would be needed for the shortage. Sheeks emphasized that what he and Rabe had presented was not a mosquito control budget. He said that if the budget had to be implemented, the staff and State officials would identify the county “hot spots” and work in the high risk areas. Rabe said the county attorney was working on an ordinance that would give the health department some legal basis to carryout the West Nile Virus program. He asked if Statesville and Mooresville should be approached for funding assistance. Commissioner Bowles requested that Mr. Rabe ask the municipalities if they would allow their personnel to assist in the effort if they were needed. REQUEST FOR THE DENIAL OR APPROVAL OF AN EXCISE TAX REIMBURSEMENT FOR THE FOODMAN, SURANE, HUNTER AND KARRES LAW FIRM: The county manager said the Foodman Surane law firm on July 13, 2001 paid $638 to have a warranty deed recorded at the Iredell County Register of Deeds’ Office. He said that recently, the firm realized the deed | should have been recorded in Lincoln County. On July 19, 2002, the law firm faxed a request for reimbursement to the Register of Deeds’ Office. Mashburn said the Register of Deeds and the county attorney had been asked to give a recommendation on the reimbursement, and both felt the request should be denied. He said the reasoning for this was: 1. GS. 105-228.37 stipulated a request should be made within six months of the date in which the tax was paid. 2. The State of North Carolina has already been sent its portion (one- half) of the tax. REQUEST FOR APPROVAL TO PARTICIPATE IN A GRADUATE STUDIES PROJECT WITH UNC-CHARLOTTE FOR THE PREPARATION OF A CAPITAL IMPROVEMENT PLAN: The county manager requested permission to allow graduate students at UNC-Charlotte to develop a capital improvement plan. He said county staff time would be the only resource needed for the project. Mashburn said the plan would simply list the best way to meet the county’s needs, in priority order, with available resources. Mashburn said the project could be accomplished during this year’s fall semester, and it would be available for review at the January planning session. He said the plan’s contents would simply be information unless the board chose to approve anything. REQUEST FOR APPROVAL TO USE CENTRALINA COUNCIL OF GOVERNMENTS’ MEMBERSHIP HOURS FOR GREATER STATESVILLE DEVELOPMENT CORPORATION (GSDC) PROFILE UPDATES FOR FISCAL YEAR 02-03: Mashburn said that each year the GSDC updated its county demographics. He said Centralina could assist in updating the GSDC charts and tables at a cost of $1,175; however, if a county block (7.5 hrs.) of membership hours could be used, the cost would be $585. Mashburn said the county usually had membership hours remaining at the end of the year, and he felt this would be a suitable way to use them. ADJOURNMENT: Chairman Tice adjourned the briefing at 6:45 p.m. Approved: olinkin. 3,200 a i 0. Pnexe if Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS Special Meeting August 28, 2002 The Iredell County Board of Commissioners met in a special meeting on Wednesday, August 28, 2002, at 8:00 a.m., to consider additional funding for the Iredell County Government Center - South project (renovations). Present: Chairman Sara Hair Tice Vice Chairman Karen B. Ray Thomas E. Bowles Stephen D. Johnson R. Godfrey Williams Staff Present: County Attorney Bill Pope, County Manager Joel Mashburn, Finance Director Susan Blumenstein, Support Services Director Jim Vernon, Administrative Assistant Wendy Workman Call to order by Chairman Tice. Copies of the bids received (attached) on the ICGC-S on August 22 were passed out, with the lowest bid being $274,650 over funds available. Susan Blumenstein passed out a financial summary (attached). Larry Shafer and Grace Wallace, of MBIA, were introduced. About 20 persons requested plans with 12 submitting bids. Renovations were designed efficiently; cannot renegotiate for $274,000. Also, there is a $100,000 contingency for change orders and unforeseen costs. Mashburn said that fixtures and furnishings are estimated at $75-80,000, which is not included. Funds will be taken from the contingency money left over and two other projects. Jury equipment will be bid as alternate. Mashburn read into the minutes from Statute GS 143-129: In the event the lowest responsible bids are in excess of the funds available for the project or purchase, the responsible board or governing body is authorized to enter into negotiations with the lowest responsible bidder above mentioned, making reasonable changes in the plans and specifications as may be necessary to bring the contract price within the funds available. There was discussion on making modifications, going back out to re-bid, changing the language of contract, removing the contingency from the budget, and leasing of the third floor. Shafer said doing both renovations at the same time could lower the costs. Vernon said that a decision had not been made by DEHNR to lease the third floor, but should know by Wednesday or Thursday of next week. Excellent chance of getting them. Shafer said after DEHNR made the decision to rent from the county, it could take them up to 60 days to decide on a plan. It would then take MBAJ another 90 days to come up with drawings, with an additional month for permits, etc. The third floor renovation, in addition to the current plans, could be bid in about six months from now. Susan Blumenstein passed out a copy of a letter (attached) from Bank of America that the loan for $3,510,000 is due for closing this Friday. An extension may be available. Commissioner Bowles made the following motion: Put the project on hold, ask for an extension on the loan, not re-bid until DEHRN has made a decision to rent from the county, bid the two projects together, and raise other money locally. Voting: Ayes — 5; Nays — 0 Brick for the new library was available for the board to view. A motion was made by Chairman Tice that they go with the soldier brick, but have it raised. Voting: Ayes — 5; Nays — 0 Motion was made by Chairman Tice to adjourn at 9:00 a.m. Approved: this due /7, 2002 Nar Wendy Workman, Administrative Assistant BankofAmerica — August 27, 2002 Bank of America Commercial Banking 113 West Broad Street Statesville, NC 28677 Fax 704.833.4035 Ms. Susan G. Blumenstein Director of Finance and Administration Irede!] County P.O. Box 788 200 South Center Street Statesville, NC 28687 Re: This Commitment Letter is revised from the Letters dated June 6, 2002, June 14, 2002 and June 19, 2002 at the County's request. Dear Ms. Blumenstein: Bank of America, N.A. (the “Bank”) is pleased to offer the following financing proposal to Iredell County (the “Borrower”) subject to the terms and conditions stated below. BORROWER: Iredell County LOAN AMOUNT: $3,510,000.00 PURPOSE: To enter into an Installment Purchase Contract (G.S. 160A-20) with the Borrower to provide for the financing of: 1. Refinancing of the Iredell County Government Center - South. INTEREST RATE: A fixed rate equal to 4.65 % per annum, subject to change should the Borrower’s S & P investment rating fall below A or the North Carolina Municipal Council rating fall below 80. Interest shall be payable semi-annually in arrears based on a 30/360 interest schedule. The above interest rate is valid only if this commitment is accepted in writing on or before August 29, 2002 and the loan must be fully funded on or before September 17, 2002. A fixed rate equal to 4.69% per annum, subject to change should the Borrower's S & P investment rating fall below A or the North Carolina Municipal Council! rating fall below 80. Interest COLLATERAL: NO DEFICIENCY: NON-SUBSTITUTION AND NON-APPROPRIATION CLAUSES: CONDITIONS PRECEDENT: The Bank will allow the Borrower to prepay up to $250,000 in excess construction proceeds without penalty within the first twenty-four (24) months of the loan closing date. The Borrower shall pay all costs and expenses incurred by the Bank in connection with the Bank's review, due diligence and closing of the Loan, including attorneys’ fees, incurred by the Bank in connection with the negotiation and preparation of the Loan Documents. The Bank estimates these costs and expenses to be approximately $7,500.00. First priority deed of trust on the real estate and improvements at the Iredell County Government Center - South. The County will also assign any third party leases related to the Iredell County Government Center - South to the Bank if applicable. The taxing power of the County will not be pledged to secure repayment. In compliance with North Carolina General Statute 160A-20, the installment financing agreement will provide that in any action for default, no deficiency judgment may be rendered against the Borrower for amounts that may be owed when the proceeds of the sale of the projects are insufficient to pay in full the remaining obligations under the contract. The installment Financing Agreement will not contain a non- substitution clause. It will contain a non-appropriation clause. At or prior to closing, the Borrower will cause to be delivered in form and substance satisfactory to Bank, such Joan and collateral documents as Bank may reasonably require including, but not limited to the following: 1) Local Government Commission approval of this financing transaction. 2) Recorded deed of trust. 3) Security agreement. 4) Opinion letter from Borrower's counsel satisfactory to Bank relative to the matters set out under Warranties below. 5) Tax opinion from Bank's counsel as to the validity of the Loan and the present and continuing tax-exempt status of interest on the Loan. 6) Title insurance. 2) Provide Bank with its annual operating budget when accepted and approved. 3) Maintain at all times an S & P investment rating of at least A and a North Carolina Municipal Council rating of at least 80. EXPIRATION OF COMMITMENT: The interest rates in this proposal to lend will expire on August 29, 2002 if not accepted in writing by that date, or extended in writing by Bank. Unless otherwise provided in the Installment Financing Agreement executed by the Bank and Borrower, the provisions contained herein will survive the closing of the Loan. This proposal is not intended to be all inclusive, and other standard terms and conditions may be included in the Installment Financing Agreement and related loan documents. If accepted, this Letter should be signed by an authorized official of the Borrower in the space provided below and returned to the undersigned. If you have any questions, please do not hesitate to call me at (336) 721-4056, or Ken Vance at (704) 838-4030. Sincerely, Victoria Eves-Baber Senior Vice President Accepted this 2002 i day of j IREDELL COUNTY By: Title: “x TOTAL PAGE.@6 ** IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES SEPTEMBER 3, 2002 The Iredell County Board of Commissioners met in Regular Session on Tuesday, September 3, 2002, at 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. Present: Chairman Sara Haire Tice Vice Chairman Karen B. Ray Tommy E. Bowles Steve D. Johnson R. Godfrey Williams Staff Present: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, Animal Control Supervisor Sidney Weisner, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice INVOCATION by Commissioner Ray PLEDGE OF ALLEGIANCE TO THE FLAG | ADJUSTMENTS OF THE AGENDA: by Chairman Tice to adjust the agenda by adding a Request for the Approval of a Disease Vector Control Ordinance. VOTING: Ayes — 5; Nays — 0 PUBLIC HEARINGS Chairman Tice declared the meeting to be in a public hearing. CONSIDERATION OF AN ECONOMIC DEVELOPMENT INCENTIVE FOR MILLARD REFRIGERATION: Jeff McKay, the Director for the Greater Statesville Development Corporation, said the Miliard Refrigeration Company desired to purchase and expand the former Polar Cold Storage facility located off Highway 90. He said the first phase investment would be $6 million, and the company would employ 20 people. McKay said the site needed infrastructure (water/sewer) improvements, and he was seeking a $112,800 (over five-year period) economic incentive package for the company. No one else spoke, and Chairman Tice adjourned the hearing. by Commissioner Johnson to grant the request and to allow an economic incentive package up to $112,800 (over a five-year period), based on a $6 million investment in Iredell County by Millard Refrigeration. VOTING: Ayes — 5; Nays — 0 Chairman Tice declared the meeting to be in a public hearing. CONSIDERATION OF AN ECONOMIC DEVELOPMENT INCENTIVE FOR BESTSWEET, INC: Melanie O’Connell Underwood, the Executive Vice President and Economic Developer for the Mooresville-South Iredell Chamber of Commerce said BestSweet, formerly Beacon Sweets, desired to make a $7.8 million expansion and that the company was seeking an economic incentive from the county. She said the company currently employed 220 people and the expansion would create 40 new jobs. Andy Cohen, the Chairman for BestSweet, said his company had been selected by Pharmacia, to manufacture Luden’s Throat Lozenges. Cohen said BestSweet was a contract manufacturer, and as such, its name did not appear on some product packaging. Mr. Cohen said an expansion, both in the facility and equipment, was needed to accommodate the five- year contract. He said the facility expansion would cost $4.6 million and the equipment would be worth $3.2 million for a total investment of $7.8 million. No one else spoke, and Chairman Tice adjourned the hearing. by Commissioner Ray to grant the request and to allow an economic incentive package up to $146,640 (over a five-year period), based on a $7.8 million investment in Iredell County by BestSweet, Inc. VOTING: Ayes — 5; Nays - 0 Chairman Tice declared the meeting to be in a public hearing. REZONING REQUEST; JONG S. SONG PROPERTY, CASE NO. 0208-2, FROM NEIGHBORHOOD BUSINESS TO R-20, SINGLE FAMILY RESIDENTIAL DISTRICT (LOCATION: BUFFALO SHOALS ROAD, STATESVILLE, NC): Planning Supervisor Smith said the applicant, Jong Song, desired to rezone 3.28 acres from Neighborhood Business (NB) to R-20, Single Family Residential District. Smith said the property could be identified by PIN#4723-72-7225, and the applicant was proposing to subdivide the parcel and construct duplexes and single-family homes. He said the current NB zoning was in conflict with the Land Development Plan, and the R-20 zoning would make it compliant. Mr. Smith said the planning staff was in favor of the rezoning, and that on August 7, 2002, the planning board unanimously recommended approval. No one else desired to speak, and Chairman Tice adjourned the hearing. by Commissioner Williams to grant the rezoning request from Neighborhood Business to R-20, Single Family Residential District for Case No. 0208-2. VOTING: Ayes — 5; Nays - 0 Chairman Tice declared the meeting to be in a public hearing. (Due to the next case involving conditional uses, the individuals desiring to speak were sworn in.) REZONING REQUEST; GLENN H. MCKAY & HUGH G. MCKAY Il PROPERTY, CASE NO. 0208-4, FROM RESIDENTIAL AGRICULTURAL TO NEIGHBORHOOD BUSINESS CONDITIONAL USE DISTRICT (LOCATION: NORTHEAST CORNER OF BRAWLEY SCHOOL ROAD AND BLUME ROAD, MOORESVILLE, NC - PORTION OF PIN# 4636-39-9413): Smith said the owners and applicant desired to rezone 41 acres of a 90-acre tract of land. He said several conditions had been established in an effort to make the request compliant with the Brawley School Peninsula Plan (BSPP). Smith said the rezoning was speculative at this time, and a site specific development plan had not been submitted. Mr. Smith said, however, the request met the intent of the BSPP if developed under the plan’s standards. He said the planning board on August 7, 2002, recommended approval in a 6-3 vote. The conditions for the rezoning were: + 24% or under impervious area of the 41.42 acre tract and shall conform with the regulations of the Low Density Option of the Watershed Regulations + Intersection improvements will be coordinated with NCDOT * Development would comply with the current Roadway Protection Overlay regulations with the addition of the following: *Building orientation closer to the road Parking in the side and/or rear or clustered *Canopy trees along Brawley School Road and interior streets at 40’ on center *Monument signs for perimeter properties and arm signs and storefront signs for interior properties *Monument signs - maximum 36 square feet sign face, 6’ height maximum; Arm signs maximum 6 square feet sign face, 6’ height maximum * Road and sidewalk connectivity between residential and nonresidential land uses * Street stub-outs to adjacent properties including, if feasible and practical, a connection from Vance Road in Lochmere Subdivision through project to Blume Road ¢ Driveway entrances limited to one on Brawley School Road and two on Blume Road depending on NCDOT determination. , Clustering of the single family development, if practical. ° Architectural standards as follows: -At least 70% of the street level frontages shall be in windows or doorways. Street level windows shall be visually permeable. Mirrored glass is not permitted in any location. Faux or display casement is not permitted in lieu of exterior window treatments for the frontage elevation. -No frontage wall shall remain unpierced by a window or functional general access doorway for more than 16 feet. -The principal, functional doorway for public or direct-entry access into a building shall be from the fronting street. Corner entrances shall be provided on corner lot buildings. -Decorative cornices shall be provided for buildings with a flat roof. Alternatively, eaves shall be provided with a pitched roof. -A building canopy, awning, or similar weather protection may be provided and should project 3-5 feet from the facade. -Commercial building walls shall be brick, cast concrete, stucco, stone, marble, or other materials similar in appearance and durability. Regular or decorative concrete block may be used on building walls not visible from a public street or as an accent material only. All accessory buildings shall be clad in materials similar in appearance to the principal building. -Pitched roofs shall be clad in wood shingles, standing seam metal, corrugated metal, slate, diamond tab asphalt shingles, or similar materials. -Signs on the inside of glazed openings may be neon. -All visibly exposed facades shall have a recognizable base course, which shall align with the sill level of the first story consisting of, but not limited to: thicker walls, ledges or sills; integrally colored and patterned materials such as smooth finished stone or tile; lighter or darker colored materials, mullions, or panels; and/or planters. -All visibly exposed facades shall have a recognizable top consisting of, but not limited to: cornice treatments, other than just colored stripes or bands, with integrally textured materials such as stone or other masonry or differently colored materials; sloping roof with overhangs and brackets: stepped parapets; and/or a cornice which shall terminate or cap the top of a building wall. -Two wall materials may be combined horizontally on one facade. The heavier material should be below. -Skylights shall be flat (non-bubble). -Stucco shall be float finish. -Windows shall be set to the inside of the building face wall. -All rooftop equipment shall be enclosed in building material that matches the structure or is visually compatible with the structure. Hugh McKay (co-owner of the property) said his family had owned the land since the 1880s. He said the 41 acres of land would be sold, and the rezoning would help justify the extension of water and sewer on Brawley School Road. Juanita Ostwalt Brown spoke in opposition to the rezoning. Ms. Brown said the Brawley School Road was overdeveloped already, and there was too much traffic. In response to Ms. Brown’s concerns, Commissioner Bowles said the request was of a “conservative nature.” He said the current zoning allowed housing developments to be built. Commissioner Johnson asked Mr. Smith about the speculative nature of the request. Smith acknowledged that no immediate plans had been developed for the site, and the development would work better if the utilities were already in place. He said, however, that in some cases, the conditional uses might be more restrictive than an actual site plan. No one else desired to speak, and Chairman Tice adjourned une heoring. by Commissioner Bowles, after reviewing the findings of fact and determining them to be in order, to grant the request in Case No. 0208-4 and rezone the property from Residential Agricultural to Neighborhood Business Conditional Use District. VOTING: Ayes — 5; Nays — 0. PROPOSED AMENDMENT TO THE IREDELL COUNTY SUBDIVISION ORDINANCE; SECTIONS 405.5 & 405.7: ACCESS TO ADJACENT PROPERTIES & OTHER ROAD STANDARDS REQUIREMENTS: Smith said that one of the recommendations from the Balanced Growth Committee pertained to the connectivity of subdivisions. He said the planning staff had been requested by the board of commissioners, at the Winter Planning Session, to draft an amendment that would require connectivity when feasible. He said the current subdivision ordinance could require connectivity; however, the North Carolina Department of Transportation had to also require it. Mr. Smith then shared the following revisions to the ordinance. (Note: Words to be deleted from the current ordinance are indicated by strikethroughs- Added words and sentences are underlined.) Amendment To: Subdivision Ordinance 405.5 Access to Adjacent Properties Where it is deemed necessary and beneficial to the interconnectivity of local land development desirable-by the Subdivision Administrator. NEPOF, proposed roads shall be extended by dedication to the boundary of sueh the developing property and a temporary turn around provided within the existing right of way. The road shall be designed and constructed as a public road and shall be required except when the Subdivision Administrator determines that: A. Physical barriers or environmentally sensitive areas cannot reasonably be crossed (for example, railroads, watercourses, steep to aphy, or flood areas). B. There is a large discrepancy in the size of the adjacent parcel. (A smaller parcel being subdivided may not have to provide a stub to a much larger parcel, if other, more desirable, interconnections are available to the large parcel.) i The stub road would connect to property for which development rights have been sold for a public purpose and access to the property is not desirable for orderly development of the road network. D. The stub road would cause the existing roads to go over the capacity allowed on that portion on the roadway. 405.7 Other Road Standards Requirements A. Through Traffic Discouraged on Residential Collector and Local Roads Residential collector and local roads shall be laid out in such a way that their use by through traffic will be discouraged. The intent of the street design is to provide multiple connections to existing and future developments, disperse traffic and maintain reduced speeds. Roads shall be designed or walkways dedicated to assure convenient access to parks, playgrounds, schools, or other places of public assembly. a Entry Points for the Subdivision At least two entry points will be provided in subdivisions that contain one hundred (100) or more dwelling units and to all lots within the subdivision except where properties are accessed by a cul-de-sac conforming with Section 405.7.J of the Subdivision Ordinance. The Subdivision Administrator and/or the Subdivision Review Committee does reserve the right to allow other alternatives if the curb cuts for the two accesses cannot meet the minimum distance allowed according to NCDOT regulations at any location. No one else desired to speak, and Chairman Tice adjourned the hearing. by Commissioner Johnson to adopt the subdivision ordinance revisions relating to 405.5 and 405.7 as presented. VOTING: Ayes — 5; Nays —- 0 APPOINTMENTS BEFORE THE BOARD SARA NESTLER SPEAKS IN REFERENCE TO THE ANIMAL CONTROL ORDINANCE: Ms. Nestler said she lived off the Westmoreland Road, in Mooresville, NC, and she was proposing an ordinance that would limit the number of dogs county residents could keep inside or outside their homes. She said breeders had to be licensed if they had more than five female canines, and kennels were restricted to minimum acreages by the zoning ordinance, but there was nothing to prevent someone from having multiple dogs. Mrs. Nestler said she was aware of a property owner who had 38 dogs. She voiced concerns about the sanitation at the home and the noise from the barking dogs. Nestler said the reason she had not approached a magistrate, or the zoning board about the problem, was that she was trying to prevent the animals from being destroyed. Mrs. Nestler said she was trying to get an ordinance enacted that would prevent similar situations in the future. Commissioner Bowles asked how the owner acquired 38 dogs. He also asked if the dogs ever went on Mrs. Nestler’s property. Nestler said the animals were either “penned” on the owner’s lot or they were confined to crates inside the home. Mrs. Nestler said the dogs that were outside barked day and night. She said it was her understanding the owners had originally planned to breed the dogs and sell them, but they realized this would constitute a zoning violation. Mrs. Nestler said the dogs, Pomeranians and Dachshunds, had very little contact with humans and some might not be adoptable. She said the animals had not been vaccinated, and the Humane Society was trying to place the animals with “rescue groups.” Bowles asked Mrs. Nestler how many dogs she felt should be the limit. Nestler said she didn’t know if “five might be too many or not enough.” She mentioned some exceptions might have to be made for hunting dogs. Animal Control Supervisor Sidney Weisner said he was familiar with the situation described by Mrs. Nestler. Weisner said his office was working with the Humane Society in an effort to find “rescue groups” for some of the animals. Mr. Weisner said the owners were receptive to the idea of some of the animals being adopted or removed from the property. He said the owners were also assisting with vaccinations for some of the friendlier animals, and the Humane Society had found a place for 20 of the dogs. Judging from past experiences, Commissioner Johnson asked Mr. Weisner if he felt the assistance from the Humane Society would be enough to remedy similar situations in the future, if they occurred. Weisner said the Humane Society had rescue contacts all over the United States. He said that if the dogs were of a mixed breed, it would be more difficult to locate homes for them. Bowles asked Mr. Weisner what his preference was on remedying the 38-dog situation -- creating an ordinance or working with the owners on a one-on-one basis. Weisner said that in this particular situation, he felt the assistance from the Humane Society was the best route. He said that if an ordinance were adopted with restrictions on the number of dogs a property owner could keep, that he wouldn’t have enough staff to enforce it. Johnson raised concerns about the owners breeding more dogs in the future, especially if some of the animals remained at the home. Weisner said a “sizeable” ticket had been issued to the owners for not having the animals vaccinated. He said he felt the owners realized the seriousness of the situation. Nestler said the sheriff's department had been called to the property before, and the owners were “not getting the message.” She said the area residents could not sleep at night or sit outside due to the noise. Mrs. Nestler said the owners still planned to keep eight to twelve dogs, and a year from now there would probably be 38 again. Commissioner Williams asked Attorney Pope if he knew of any other solutions for the problem. Pope said Mrs. Nestler could exercise her right to hire a lawyer and bring suit against the dog owners. Commissioner Williams asked when the animals would be removed from the property. Weisner said some of the dogs may have been removed over the weekend. He said he didn’t know how many dogs the owners desired to keep. He added that sometimes the Humane Society assisted with the spaying or neutering of animals. Mr. Weisner said he had talked with about 25 counties, and he couldn’t find any that had a restrictive ordinance. Commissioner Ray requested that Mr. Weisner keep the board members abreast of this situation, as well as any others that might be happening in the county. Weisner agreed to give an update in 30 days. Janet McClure spoke and said Ms. Nestler was requesting an ordinance that would prevent the situation from happening in the future. ROBIN HOWARD SPEAKS IN REFERENCE TO SCHOOL CHOICE: Mrs. Robin Howard introduced her daughter, Jamie, a high school senior. She also introduced Jamie’s friend, Lindsey. Howard said that in the fall of 2000, a letter from the Iredell- Statesville School System was sent to South Iredell High School juniors and seniors stating the school system had concerns for the upcoming graduating class and would not “dream” of breaking them apart due to the opening of Lake Norman High School. Mrs. Howard said the letter stated that if students chose a high school not in their district, they would have to provide their own transportation. Howard said Jamie, along with her friends, chose the new Lake Norman High School. She said later, towards the end of the year, they were told a waiver would have to be obtained because Jamie lived in the South Iredell district. Howard said the waiver form was completed, sent to the school system, and that five days before school started, they were advised that Jamie would not be allowed to attend Lake Norman. Mrs. Howard said they appealed the decision to the school board on August 15, but they were again denied. She said her daughter had been greatly affected by the actions of the school system and at one point decided to quit school. Howard said Jamie had withdrawn from South Iredell High and was now attending Mooresville High School. Mrs. Howard said she contacted former school superintendent, Dr. Howard Coleman, and he remembered the letter and its contents. Howard said she had contacted many school systems in the state, and all of them said they never broke up a graduating class when a new high school opened. Mrs. Howard said she had consulted with an attorney, and she was told (1) to share her concerns with the board of commissioners and (2) to try to get new members elected on the school board. Chairman Tice thanked Mrs. Howard for sharing her concerns, but she said the Pupil Assignment Law did not authorize permission for the school board to delegate its duties to the county commissioners. Tice said pupil assignment was strictly entrusted to the school board. - CONSENT AGENDA OTION by Commissioner Ray to approve the following eight (8) consent agenda items. VOTING: Ayes — 5; Nays - 0 1. REQUEST FOR APPROVAL OF A ROAD MAINTENANCE ABANDONMENT FOR A PORTION OF SR 3005 - TORRENCE CHAPEL ROAD (This abandonment, requested by the Department of Transportation/Division 12, is due to a realignment in conjunction with road improvements. The section (.09 mi./450’ ft.) to be abandoned is part of an attempt to improve an intersection by widening the right-of-way and adjusting the curve in the road.) 2. REQUEST FOR APPROVAL OF A HIGH-DENSITY APPLICATION FOR A WSIV-PA WATERSHED (BUFFALO SHOALS ROAD & OLD MOUNTAIN ROAD) (During the briefing, Planning Supervisor Smith said that Mr. George Eckart had requested approval of the high density option in the WSIV-PA Watershed of the Lake Norman/Catawba River Basin for a commercial project at the intersection of Bufalo Shoals Road (SR-1004) and Old Mountain Road (SR-1005). He said the option would allow Eckart to exceed the standard allowance of 36% built-upon coverage for buildings, parking, sidewalks, etc., but it couldn’t surpass 70% built-upon coverage. 3. REQUEST FROM THE HEALTH DEPARTMENT FOR APPROVAL OF A NEW PRENATAL DELIVERY FEE (A $1,000 delivery fee will be added to the Iredell County Health Department Fee Schedule. Currently, the health department pays its contract physician $1,000 to cover deliveries when the patient does not have insurance, Medicaid or Emergency Medicaid. The health department, in the future, will use a sliding fee scale to determine a patient’s delivery charge.) 4. REQUEST FOR APPROVAL OF BUDGET AMENDMENT #6 FOR THE RECOGNITION OF ADDITIONAL REVENUE FROM SALES TAXES AND REPAYMENTS FROM MUNICIPALITIES FOR PAYMENT OF A FEE TO BOB SEGAL, CPA: Finance Director Susan Blumenstein said during the briefing that the latest sales tax audit performed by Bob Segal had resulted in additional sales tax allocations of $28,818. Blumenstein said $11,527, or 40% of the allocation, was owed to Segal. She said the municipalities would be invoiced for their share of Segal’s fee. 5. REQUEST FOR APPROVAL OF A SURPLUS PROPERTY SALE & AUCTION (The following resolution was adopted.) Resolution Authorizing the Sale by Public Auction of Certain Surplus Personal Property WHEREAS, the County of Iredell has possession of the following items of personal property which are surplus to its needs and desires to dispose of same. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Iredell Couty, that Evie D. Caldwell, Purchasing Agent, pursuant to the provisions of G.S. 160A-270 (b), is hereby authorized to dispose of the listed personal property at public auction for cash or good check, and the said Purchasing Agent is further authorized and directed to execute the necessary functions associated with this sale. September 14, 2002, 8:00 A.M. Book Sale September 14, 2002, 10:00 A.M. General Auction To be held at the Former Bryant Electric Building (behind the library) 229 North Tradd Street Statesville, NC This the 3 day of September 2002. Iredell County Surplus Property VEHICLES YEAR MAKE DESCRIPTION SERIAL NUMBER MILEAGE 1983 Chevy Blazer 4x4 1G8ED18JXEF 106869 93,996 1989 Toyota Pick up JT4RN81R2K5007574 106,066 1990 Dodge Pickup 1B7GE06Y8LS615269 105,025 1990 Dodge Spirit 1B3XA4638LF862907 95,318 1992 Chevy Lumina 2G1WN14TXN9188912 138,920 1992 Ford F150 IFTDFISY7NNA36654 =: 156,452 1993 Ford E350amb 1FDKE30M6PHA97159 93,996 1993 Ford E350amb 1FDKE30MS5PHA34232 —=126,634 1993 1993 1993 1994 1994 1994 1995 1995 1996 1996 1997 Ford Crown Vic 2FACP71W6PX147106 102,248 Ford Crown Vic 2FACP71W4PX147105 115,246 Ford Crown Vic 2FACP71W7PX147101 129,368 Ford Crown Vic 2FALP71W4RX134230 115,159 Ford Crown Vic 2FALP71W9RX136426 148,098 Ford Crown Vic 2FALP71W6RX134228 115,000 Chevy Caprice 1G1BL52W4SR176300 128,497 Ford Explorer 1FMDU34X9SZB89806 130,000 Ford Crown Vic 2FALP71W2TX146903 144,589 Ford Crown Vic 2FALP71W6TX146905 164,449 Ford Crown Vic 2FALP71WOVX132226 188,151 Iredell County Surplus Inventory Adding Machine, Canon 1 CP1013D Air Conditioners, Window 3 Air Conditioners, Window 2 Answering Machine 4 ATT 3B2-EXP ATT 3B2-EXP ATT PC 6300 Books, 500 boxes misc Cabinet, L top Cabinets, Roller Shelf Book — Upright Cabinets- Counter, Roller Shelf Book Calculators, Asst. Canon M32028 Canopy, Tent Card File, 30 drawer Chairs, Misc Chairs, Misc Chairs, Misc Chalkboard Computer Computer, Compaq Prolinea 325X Computer, HP Vectra Computer, Laptop Computer, Laptop, Gridd Computer, Nyma Computer, Portable, Tandy 1400 Computer, Texas Instrument 100C Deacon’s Bench Desk—Metal Desk-Wood Desk, Work Station Desk, Metal Desk, Wooden Dishwasher, Frigidaire Election Box w/3 Tabulators Fax, Pitney Bowes 9200F File, 7 Misc Opening, No drawer Folding Machine, Pitney Bowes Human Torso Hep-B Training tool IBM 4230 IBM AS400 Ironing Board Jack, Truck, 10 Ton Keyboards, Misc Locker, Metal Locker, Wooden Lockers, Metal Magazine Rack Memorex Microfilm Reader Microfilm Viewer Bell & Howell SRII Monitor, 500-609CS 1 SN900C08950317 1 SN900C 12950038 1 SN2833594 l 8 2 5 1 sn33214456 l 2 2 3 5 — 2 a l 1 1C9020 1 1 2 1 snUA048712 l 1 5 10#4491,4452,3448 2 1C#3053 1 1 6 1 1 l l 1 Model #3280 1 1 1 SNMS940210B1ACA a= 1 1C1635 1 3 l 1191ADDSMLC17 1 0937352 3M 1 snSR2-05954 1 sn15009A483892 ‘a Monitor, Gateway 2000, EV500 Monitor, Gateway 2000, EV500 Monitor, Gateway 2000, EV500 Monitor, Gateway 2000, EV500 Monitor, Gate 2000, EV500 Monitor, Gateway 2000, EV500 Monitor, Gateway, 500-069CS Monitor, HP Monitors, Misc Monitors, Misc Optical Disc Library, HP Model 120T Oven, Wall, Double Pads, Sleeping Pitney Bowles 9200 Plat Cabinet-Metal Printer Stand Printer, Epson Printer, Epson P631B Printer, HP Deskjet Printer, HP Laserjet IID Printer, HP Laserjet Ill Printer, IBM Color Jet PS4079 Printer, IBM PPSII 2380 Printer, IMT 350 Printer, Laser Reading Table, Slant top, Childrens Safe Screens, Anti-glare-computer Sewing machine, Sears Sewing machine, singer w/cabinet Shelving units, long, from Library Shelving, Wooden w/castors Shredder Sink, Porcelain Sink, Stainless Steele Sink, w/Garbage Disposal Sofa, Brown Stove, Electric Table w/Drawer, Metal Table, Exam w/ 4 lights Table, Folding 3x5 Table, Occasional, Round Brass Tables, Computer Telephone, Misc Telephone, Panasonic Television Tents Toilet Trash Compactor, Fridgidaire Typewriter Typewriter, Olympia Typewriter, Olympia Typewriter, Olympia Typewriter Stand Typewriter, IBM Selectric II UPS UPS, APC Vacuum Cleaner Voice Processor Wall hanging, Macrame Washer/Dryer Combo, Whirlpool Cabinets, Microfilm Computer, HP Vectra Door Locks Helmets, Bike T shirts (Relay for Life) Misc items Letters, Metal, AG Center 1 sn15009A485294 1 sn15009A489569 1 sn15009A489617 1 500069CS 1 15009A485290 1 15009A483903 2 SN8234131 & 15009A485289 1 190238 2 2 1 IC9015 1 15 1 l l 1 67RE131023 1 1 IC8015 1 HP33447A SN2934J32257 1 1 1C8502 l ACIJSZ6KXP4430 sep wn gu wed ewe te GE ne we BD Be oe we ed et De De ve we 1 1C5660 1 1C6007 1 ICS006 ous wus ome pms AD Ud om me amt 1¢9013 11 boxes 1 bag 1 box 1 box 1 box Misc items Poles, Ski Mixer/cassette Rec. Misc Elec Sofa/chair, upholstered, brown Amplifier system, TOA 900 Series Amp Paper, continuous lined Book hoider Boots, Ski Monitor, CXT Telephones, Asst. Shelving, metal Cabinets, Assorted Chairs, Misc. Assortment Light fixtures, assortment Monitors, Assortment ATT PC 6300 Cooktop, Surface Unit Dictaphone, Lanier Chalkboard, Freestanding Refrigerator, Hotpoint Printer, HP Deskjet Monitor, HP Printer, HP Quietjet Terminal, HP Printer, HP Thinkjet Computer, HP Vectra Computer, HP Vectra Clock, Large Wall Fax Machine Laser Printer Line Modem Monitor Monitor Printer, Okidata Printer, Okidata Printer, Okidata Printer, Okidata Fax Machine Olyfax 352 Postage machine, Postalia Shelving, stackable metal Printer, Tandy line printer Microfisch Reader, Mircon Computer, HP Vectra Computer, Gateway Computer, Gateway Terminal, HP 700-92 Monitor, Gateway Printer, Okidata 320 9 PIN Label Printer, Detecto Temp/Humidity control Fax, Panasonic, PX360 Telephones, Asst Calculators, Asst. Stapler, Electric Fax, Brother MFC4350 Computer, HP Vectra Printer, Deskjet 694C Printer, HP Thinkjet Terminal, HP 700-96 Terminal,HP 2392A Terminal, HP 2392A Terminal, HP 7092 Terminal, HP 7092 Cash Register, Sanyo 480 Word Processor/Panasonic Typewriter, Panasonic 6036 Typewriter, IBM Selectric Ill Monitor, Gateway 10 1 box 1 pr. 1 set 1 set 1 set 2 boxes 2 boxes 2 pr. Asst. bx pes SN2813110 1C9160 IC9OLIA 1C8368 1C7964 1C7389 1C9477 1C9012 IC9151 IC9LI7A 1C8020 1C7969 1C9372 1C9371 sn4430627 1C7903 1C9744 sn9206-3 snUS94113879 C6285 snUST4490997 1C6735 sn2519A56904 C7715 C6903 1C6275 1C6036 1C5361 sn17004A401998 UPS, Backup Monitor, Gateway EV700 Computer, Gateway P5133 Computer, Gateway Computer, HP Vectra Monitor, HP Computer, Gateway Computer, Gateway P5-133 Copier, Konica 4045 Scale, Acculab Digital Ladder, Step Monitor, HP Fax Machine, Sharp Computer, HP Calculator, Canon Printer, Epson Drill, w/case, Craftsman 12V Typewriter, IBM Selectric II Monitor, Color, CTX 1565D Curtain rods (12) Telephones Asst. Copy Machine, Canon F226800 Desk, Metal Chairs, Misc. Copier, Canon NP 303 Fax machine, Murata PCF7 TV/VR Combo, Phillips Monitor, AOC MM201 IBM 4224 File Drawers/Small Dictaphone Printer, Epson Monitor Monitor HP Scriber Scriber Printer, Minolta Printer, Minolta HP Heater, Hunter Data Stor Manuals, Misc Printer, Epson Printer, Minolta Printer, IBM Filing Cabinets sn17004A010149 109334 sn4430629 1C9069 1C9069A sn4430633 1C9375 sn048 147634 IC9139A 1C7106 1C9139 snA20-52206334 IC7957 sn13822209 1X0013700 11-B1778 2720030468 1YLY066365 8616 7991 8379 6557 87350 6558 860084 53078777 530086780 USCB286032 8664 3KDX048528 4079-001 4 drawer, 5 drawer & 2 drawer 6. REQUEST FOR THE SCHEDULING OF AN OPEN HOUSE AND DEDICATION CEREMONY FOR THE HALL OF JUSTICE ANNEX ON SUNDAY, OCTOBER 20, 2002 AT 2:00 P.M. 7. REQUEST FOR APPROVAL OF THE AUGUST 20, 2002 MINUTES 8. REQUEST FOR APPROVAL OF A DISEASE VECTOR CONTROL ORDINANCE: (The ordinance is as follows.) Chapter 3A DISEASE VECTORS 3A-lI. Mosquitoes are disease vectors. Breeding places for mosquitoes are deemed to be County Health Nuisances. 3A-2 County Health Nuisances should be abated as quickly and as efficiently as feasible. The entire staff of Iredell County is encouraged to cooperate with the Director of the Iredell County Health Department (the “Director”) in the extermination of mosquitoes and in the eradication of mosquito breeding places. The Director is hereby authorized, empowered, and directed to adopt programs of public education, wide mosquito eradication, and habitat abatement. 3A-3 In addition to the authorities otherwise conferred upon the Director by law, the Director is specifically empowered: a. To notify the owner of any real or personal property in Iredell County to immediately drain any container of standing water where the Director reasonably believes mosquitoes are or may be breeding. b. To enter any property in Iredell County, after first attempting to give the owner of such property notice, where the Director has received an affidavit that the affiant believes mosquitoes are breeding in standing water on the property, or where the Director has other reasonable grounds for belief that mosquitoes are or may be breeding on the property. c. Where the owner of the property cannot be located despite reasonable efforts, or where the owner refuses to take steps to abate the County Health Nuisance after having been given an order by the Director, the Director is authorized to enter the property and to drain, empty, or remove containers of water, to spray, dust, or eradicate live mosquitoes, to deposit chemical or biological agents in pools, ponds, lagoons, bodies or containers of water. d. The costs incurred by Iredell County in the eradication of live mosquitoes or the abatement of mosquito breeding grounds where the owner of the property | cannot be located or refuses to respond to an order from the Director shall constitute a lien upon the property in the nature of an ad valorem property tax lien, and shall be collected by the Iredell County Tax Collector in the same manner taxes are collected, 3A-4 It shall be unlawful for any person to interfere with, hinder, or delay the Director, or persons acting under his direction and control, in the performance of any duty authorized by this Chapter. 3A-5 Penalties. a. In addition to any other remedy available, this Chapter may be enforced by an appropriate equitable remedy issued from any court of competent jurisdiction, including, but not limited to, temporary or permanent restraining orders and prohibitory and mandatory injunctions. b. In addition to every other remedy available for the violation of this Chapter, the Director is authorized to issue to any person a ticket giving notice of the violation of Chapter 3A. Ti ickets so issued may be delivered in person or mailed by registered or certified mail to the person charged, if he cannot be readily located. Any such ticket issued shall impose upon the owner a civil penalty of $50.00 for the first offense and $50.00 for all subsequent offenses. Each day of continuing violation shall be deemed a separate offense. Such penalties must be paid within twenty (20) days to the Director or any person authorized by him to receive such funds. If the owner or violator does not appear in response to such ticket, or if the applicable penalty is not paid within the time prescribed, a criminal summons shall be issued against the violator and upon conviction, the violator shall, in addition to the penalties prescribed for violation of this C hapter, be punished as the Court prescribes for failure to pay the civil penalties imposed hereby. 12 c. Notwithstanding any civil penalty outlined in this Chapter, any person violating the provisions hereof shall be guilty of a misdemeanor under (G.S. 14-1 and 153A-123, and may be subject to a fine of not more than $500.00 or imprisonment for not more than six (6) months, or both, for each such offense. For a continuing violation, each day's violation may be deemed a separate offense. ** KK * END OF CONSENT AGENDA ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Juvenile Crime Prevention Council (2 appts.): No nominations were submitted, and Chairman Tice moved to postpone these appointments until the September 17 meeting. VOTING: Ayes — 5; Nays — 0 Region F Aging Advisory Committee (1 appt.): No nominations were submitted, and Commissioner Bowles moved to postpone this appointment until the September 17 meeting. VOTING: Ayes — 5; Nays — 0 Nursing Home Advisory Committee (1 appt.): No nominations were submitted, and Chairman Tice moved| to postpone this appointment until the September 17 meeting. VOTING: Ayes — 5; Nays — 0 Adult Care Home ee Advisory Committee (1 appt.): No nominations were submitted, and Chairman Tice moved to postpone this appointment until the September 17 meeting. VOTING: Ayes — 5; Nays — 0 Welfare Reform Committee (10 appointments): No nominations were submitted, and Commissioner Johnson moved to postpone these appointments until the September 17 meeting. VOTING: Ayes — 5; Nays — 9. OLD BUSINESS Crossroads Behavioral Healthcare Consumer and Family Advisory Committee (CFAC): Commissioner Williams, a member of the Board of Directors for Crossroads Behavioral Healthcare, said he would soon be interviewing candidates for the CFAC. Upon completion of the interviews, Mr. Williams said he would submit his recommendations to the commissioners for official appointments to the CFAC. COUNTY MANAGER’S REPORT Stumpy Creek Park Dedication: The county manager said a dedication ceremony for the Stumpy Creek Park would be held Saturday, September 21, 2002, at 10:00 a.m. 9-11 Memorial Service: _The county manager advised that even though the county was not officially sponsoring a September 11 Commemoration Service, that many county employees were involved with activities and ceremonies being held throughout the county. 13 ADJOURNMENT: IMOTION by Chairman Tice to adjourn the meeting at 8:55 p.m. NEXT MEETING: Tuesday, September 17, 2002, 5:00 p.m. and 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes - 5; Nays - 0 Ee» \ Sj - then eS PFT hs yy? / Clerk to the Board yy Approved: PD 14 IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES SEPTEMBER 3, 2002 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, September 3, 2002, at 5:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. Present: Chairman Sara Haire Tice Vice Chairman Karen B. Ray Tommy E. Bowles Steve D. Johnson R. Godfrey Williams Staff Present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, Health Director Ray Rabe, Nursing Supervisor Donna Campbell, Purchasing Agent Evie Caldwell, Environmental Health Supervisor Kelly Sheeks, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice REQUEST FOR APPROVAL OF A HIGH-DENSITY APPLICATION FOR A WSIV-PA WATERSHED (BUFFALO SHOALS ROAD & OLD MOUNTAIN ROAD): Planning Supervisor Smith explained the high-density application and said that if approved, the applicant would later return for final approval which would include the cash bond and the maintenance agreement for the pond. Due to the West Nile Virus problem, Commissioner Bowles inquired about mosquito control at the pond. Health Director Ray Rabe said he felt that if the Disease Vector Control ordinance were adopted, the staff would be authorized to enter any property in the county to abate health nuisances. : REQUEST FOR APPROVAL OF A SURPLUS PROPERTY SALE & AUCTION: Purchasing Agent Evie Caldwell requested permission to hold a surplus property book sale and auction on Saturday, September 14, 2002. Commissioner Williams asked if any of the items could be used at the Harmony library. County Manager Mashburn said Caldwell could work with the library director to see if anything could be used at the Harmony site. Mashburn also requested that parking be designated for the auction to prevent any disruption of the Saturday morning traffic at the library. REQUEST FOR THE APPROVAL OF A DISEASE VECTOR CONTROL ORDINANCE: Health Director Ray Rabe said that if the West Nile Virus budget had to be implemented, his staff needed legal access in and on properties believed to be breeding places for mosquitoes. He said the proposed ordinance would give the access as well as the authority to issue $50 tickets. Rabe said the health department would continue to educate the public on ways to exterminate mosquitoes and eradicate their breeding places. ADJOURNMENT: Chairman Tice adjourned the briefing session at 6:10 p.m. Approval: as ne C- Mie Clerk to the Board V IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES SEPTEMBER 17, 2002 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, September 17, 2002, at 5:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. Present: Chairman Sara Haire Tice Vice Chairman Karen B. Ray Tommy E. Bowles Steve D. Johnson R. Godfrey Williams Staff Present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Library Director Steve Messick, Health Director Ray Rabe, Nursing Director Donna Campbell, Human Resources Director Carolyn Harris, Jail Administrator Rick Dowdle, Support Services Director Jim Vernon, Solid Waste Administrative Manager Susan Cornell, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice. PRESENTATION AND/OR APPROVAL OF RECOMMENDATIONS FROM HUNTER HUMAN RESOURCES EXTENSION REGARDING A CLERICAL STUDY FOR POSITIONS CLASSIFIED FROM GRADE 57 THROUGH 65 IN THE IREDELL COUNTY PAY PLAN: Human Resources Director Carolyn Harris introduced Jan Hunter, of Hunter Human Resources Extension, in reference to a recent clerical pay and position classification study. Hunter reviewed 138 positions and recommended that 16 of them be reclassified. She said four positions under the State Personnel Act/Competitive Service System (Health & Social Services employees) were recommended for upgrades; however, the State did not approve them. She also said that 21 job titles had been changed to more accurately reflect the work being done, but these did not result in salary increases. Harris said the annual cost for the 16 upgrades would be $21,319 and adequate funds were in the budget. It was the consensus of the board to approve Hunter’s recommendations effective October 1, 2002. REQUESTS FROM THE SHERIFF’S DEPARTMENT: Jail Administrator Rick Dowdle explained the following requests for approval. 1. The continuation of the Multi-County Interdiction Unit/Approval of a Resolution 2. The transfer of $3,200 from Seized Funds to be Used as the Local Match for a Local Law Enforcement Block Grant & Approval of Budget Amendment #7 (Funds from the grant [$32,463] will be used to purchase a Digital Scanner) 3. Budget Amendment #8 for: - the transfer of $12,000 from Seized Funds to Purchase a K-9 (Belgian Malinois) for the Jail - the transfer of $2,500 from Commissary Funds to Equip a Vehicle for the new K-9 - the transfer of $2,000 from Seized Funds for the Tax and Title Fees for two Seized Vehicles - the transfer of $1,248 from Commissary Funds for Training Dowdle also gave reports about the following two items. Exchange of a 1998 Wellcraft Boat (24’ with an outboard motor) for the County’s Parker Boat (inboard motor): Dowdle said Jeff Lancaster owned the Wellcraft and desired to trade it for the Parker boat. He said the Wellcraft was more condusive to the county’s needs, and he recommended the exchange. (Due to the exchange requiring a ten-day legal notice, this item will be presented for approval during an upcoming meeting.) Usage of the Former Highway 21 Prison Site: Dowdle said the jail population had risen to 250 inmates over the past weekend. He said the staff was still working with the State on a lease to house up to 92 inmates at the former prison site. REQUEST FOR APPROVAL OF BUDGET AMENDMENT #10 FOR THE USAGE OF $20,500 IN “WHITE GOODS” EARNINGS FOR ROAD REPAIRS AT THE SOLID WASTE DEPARTMENT: Blumenstein said the $20,500 would be used to complete road repairs to the “white goods” area, and the work would be coordinated with the new landfill cell paving. REQUEST FOR APPROVAL OF BUDGET AMENDMENT #11 FOR THE RECOGNITION OF ADDITIONAL REVENUE FOR THE SOCIAL SERVICES DEPARTMENT AND FOR APPROPRIATION TO THE PROGRAM LINE ITEMS: Blumenstein said $43,083 in additional Crisis Intervention Prevention (CIP) funds had been received from the State. She also said that additional funds of $3,590 had been received to pay the staff to distribute the CIP funds to the needy families. (The CIP funds are 100% federal money.) REQUEST FROM THE LIBRARY FOR APPROVAL TO APPLY FOR AN EZ-LSTA DIGITALIZATION STARTER GRANT: Library Director Messick requested permission to apply for grant funds to purchase computer equipment. He said the equipment would enable the staff to scan historical documents and photographs and transfer them to digital format for Internet access. Messick said this would help to preserve the original documents. (The $5,850 grant does not require a local match, and it will include the training costs for one staff member.) REQUEST FROM THE HEALTH DEPARTMENT FOR APPROVAL OF PROPOSED NEW FEES FOR THE PREVENTIVE AND ALLIED HEALTH DIVISIONS: Health Director Ray Rabe said that in order to comply with Health Insurance Portability and Accountability Act (HIPAA) requirements for standardized billing codes it would be necessary, as of October 1, 2002, to incorporate the following fee changes. New CPT Old CPT Fees Fees Effective Code Code Service Description 2002-03 10/01/02 Allied Health Services $9442 W8203 Childbirth Education $87 $22 per session* Y2045 Refresher Childbirth Education end date effective 09/30/02 D1330 N/A Oral Hygiene Instruction new 10/01/02 $25 Preventive Health $9445 Y2525 MOW Brief $20 $11 per unit** $9445 Y2526 MOwW Standard $55 $11 per unit** $9445 Y2527 MOW Extended $85 $11 per unit** T1017 W8201 MCC Initial $110 $12 per unit** T1017 W8202 MCC Subsequent $55 $12 per unit** T1017 Y2044 MCC Home Visit $74 $12 per unit** T1016 Y2155 Child Service Coordination $89 $21 per unit** Y2155A CSC-Face to face subsequent and dated effective 09/30/02 99501 Y2046 Postpartum Home visit-Mom $60 $60 99502 Y2047 Newborn Assessment —Infant $60 $60 T1002 Y2012 TBControl and Treatment $89 $20 per unit** T1002 Y2013 STD Control & Treatment $80 $20 per unit** 90471 EP W8012 Immunization Update $20 $20 99173 N/A Vision Screening new 10/01/02 $24 Based on age W8010N Child Health-EPSDT(new) $90 See note below*** Based on age W8010E Child Health-EPSDT (est) $90 See note below*** Based on age W8016 _EPSDT Interperiodic $90 See note below*** *Each session must include 2 hours of instruction ** 1 unit = 15 minutes ***W8010N, W8010E and W8016 are replaced by the age appropriate prevention medicine codes, 99381-99385 or 99391-99395 with EP modifier. The codes that replace Child Health visit codes with fee changes from the approved 7/1/2002 fee schedule are listed below. 99381 W8010N New Pt. Ageunderl year $87 $90 99391 W8010E Established Pt. Age under 1 year $72 $90 99392 W8010E Established Pt. Age 1-4 years $76 $90 Mr. Rabe said he felt the mandatory fee changes would have a negative impact on the department’s revenue. REQUEST FOR APPROVAL OF A FY 2002-03 ROBERT S. SEGAL, CPA PA AGREEMENT FOR THE STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP): Finance Director Blumenstein said she was seeking approval of an agreement that would allow CPA Robert Segal to continue his work in seeking federal reimbursements when criminal aliens were incarcerated at the jail. She said that during the past year, Segal’s fee was twenty cents of every dollar received from SCAAP, but this would be reduced to seventeen cents in 2003. REQUEST FOR APPROVAL OF AN INVESTMENT MANAGEMENT PROPOSAL: Blumenstein said it had become increasingly more difficult to obtain a good yield on investments. She said that recently $1 million had been bidded out for a 180-day certificate of deposit, and the best return found was 1.7%. Mrs. Blumenstein said the North Carolina Capital Management Trust was primarily used for investments due to the absolute liquidity, but she was seeking other investment tools. She proposed that the county enter into an investment management arrangement with First Citizens Bank. Blumenstein said the benefits to the county would be (1) the staff's time working on the investments would be reduced and (2) it would be similar to having a full-time investment banker. She said the goal of the proposal would be to “maximize the county’s investment yield without taking risks.” It was the consensus of the board to allow Blumenstein to enter into the investment management proposal, but to limit the amount managed by First Citizens to $5,000,001 .00. DISCUSSION AND/OR DECISION REGARDING THE 2003 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR SCATTERED- SITE HOUSING: County Manager Mashbum said the notification letter from the State had not arrived about the $400,000 in scattered-site housing funds. He suggested that the item be removed from the agenda and a decision be postponed until official notification was received. REQUEST FOR APPROVAL OF AN AGREEMENT BETWEEN IREDELL COUNTY AND THE RURAL ECONOMIC DEVELOPMENT CENTER, INC., FOR A PUBLIC ACCESS GRANT IN THE AMOUNT OF $12,000: Mashburn said that on June 18, 2002, permission was given to apply for a $12,000 Public Access Grant. He said that when the county agreed to participate in the E-Communities Program, that Mitchell Community College had been designated as the lead agency. Mashburn said the grant had many stipulations, and he was recommending for the agreement with the Rural Economic Development Center to be contingent upon the college being able to comply with the rules and regulations. REQUEST FROM THE GREATER STATESVILLE DEVELOPMENT CORPORATION (GSDC) FOR THE COUNTY TO APPLY FOR A COMMUNITY BLOCK DEVELOPMENT GRANT FOR ECONOMIC DEVELOPMENT: GSDC Director Jeff McKay said that recently Millard Refrigeration was approved for an economic development incentive from the county for the purchase and development of the former Polar Cold Storage facility located off Hwy. 90. McKay said another 160 acres of land could be opened up, near Millard’s site, for industrial development if the area’s water needs were solved. He said a source of water could serve Millard, plus any other industries that desired to locate in the area. Mr. McKay said he had been working with EnergyUnited on the construction of a 750,000 gallon elevated storage tank. He said economic grants could be obtained from the Community Development Block Grant Office to assist in the water tank costs; however, a governing body had to be listed as the recipient. (On a pass-thru basis the funds could then be delivered to EnergyUnited.) McKay said a Memorandum of Understanding could be presented at a future meeting to clarify the responsibilities of each entity, but he needed permission to apply for the grant funds. REQUEST FOR A DISCUSSION REGARDING THE IREDELL COUNTY GOVERNMENT CENTER-SOUTH (ICGC-S) FINANCING AND THE BIDS OPENED ON AUGUST 22, 2002: County Manager Mashburn said the board on August 28, 2002, decided to place the ICGC-S project on hold and not re-bid until the Department of Environment and Natural Resources (DENR) had made a decision on the third-floor lease. He said the bids and financing arrangements were good through mid- October. Support Services Director Vernon said that if the commissioners chose to re-bid, there was a “strong possibility the bid amounts might increase.” He said the bidders had a clear understanding of the needed work, and this was evident by the bid amounts. Vernon said the International Building Code would go into effect during 2003, and this would increase the project’s cost, if delays occurred. Finance Director Blumenstein shared a financial summary for the project. She said the Bank of America had extended the offer to provide financing at 4.69% as long as the loan was fully funded by October 17, 2002. She also said the Town of Mooresville had committed $100,000 from court fees to the project, and that $38,000 could be deleted from the costs due to minor design changes. The deletion of the $100,000 in contingency was also discussed. It was mentioned that all of these adjustments would reduce the amount of additional funding to $36,650. (Bids were $274,650 in excess of budget, minus the $100,000 from the Town of Mooresville, minus the $100,000 contingency, and minus the $38,000 = $36,650.) The staff said the $36,650 could be found from leftover funds in the finished Agricultural Resource Center project and the Hall of Justice Annex project. Commissioner Johnson voiced concerns about the elimination of the contingency. Vernon said a special meeting could be called if the project ran into problems. Commissioner Ray said she recalled that in the past a discussion had occurred about approving any necessary change orders in an expeditious manner. (The item was not placed on the consent agenda. Additional information/action may be found in the regular minutes.) ADJOURNMENT: Chairman Tice adjourned the briefing at 6:50 p.m. Approved: WO tthe 15, 2oe2 ALL C. Jlrme (/ Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES SEPTEMBER 17, 2002 The Iredell County Board of Commissioners met in Regular Session on Tuesday, September 17, 2002, at 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. Present: Chairman Sara Haire Tice Vice Chairman Karen B. Ray Tommy E. Bowles Steve D. Johnson R. Godfrey Williams Staff Present: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice INVOCATION by Commissioner Ray PLEDGE OF ALLEGIANCE TO THE FLAG ADJUSTMENTS OF THE AGENDA: by Chairman Tice to adjust the agenda by: Deletions: * Appearance Before the Board by Mr. Victor Crosby in Reference to Water Needs * Discvssion and/or Decision Regarding the 2003 Community Development lock Grant (CDBG) for Scattered-Site Housing Additions: * Requesi from the Greater Statesville Development Corporation for the County to Apply for a Community Block Development Grant for Economic Development Request for Approval to Award the Contracts for the Iredell County Government Center-South Project and to Adopt an Amended Capital Project Ordinance * Closed Sessions for the Purpose of Discussing Personnel - G:S. 143-318.11 (a) (6) and Property Acquisition - G.S. 143-318.1 1(a) (5) Presentation & Approval of a Resolution Recognizing the Problem of Child Abuse: David Crosby, the site director for Crossroads Behavioral HealthCare, along with Randall Weatherman, a Social Worker for Social Services, and Brenda Speece, the Director of the Emergency Child Care Home attended the meeting in reference to a candlelight vigil to be held on October 3, 2002 in recognition of the children who died in North Carolina during 2001 due to child abuse. Crosby said the vigil would be held at the Presbyterian Church of the Springs (formerly Little Joe’s Presbyterian Church) and the public was invited to attend. MOTION by Chairman Tice to approve the following resolution about the vigil and its purpose. VOTING: Ayes — 5; Nays — 9. RESOLUTION RECOGNIZING THE PROBLEM OF CHILD ABUSE WHEREAS, the abuse and neglect of children is a family and societal problem of local, state, and national significance; and WHEREAS, it is important to recognize that children are abused at the hands of their parents and caregivers; and WHEREAS, 24 children are known to have died in North Carolina in the year 2001 due to abuse or neglect that was inflicted upon them by their parents or caregivers; and WHEREAS, it is important to remember the 24 known innocents who died in North Carolina during the year 2001. NOW, THEREFORE BE IT RESOLVED, that the Iredell County Board of Commissioners calls upon Iredell County communities to dedicate October 3, 2002, as a day of remembrance for the unknown number of children who died as a direct result of abuse and neglect and for the 24 innocent children known to have died due to abuse and neglect in North Carolina during the year of 2001. Mr. Alan R. Eisele Presents a Petition from Concerned Citizens Requesting the Reconsideration of the Decision to Locate the New Library at the Meeting & Front Street Location: Mr. Eisele said he was presenting a petition that had been signed by nearly 2,000 county citizens who were concerned about locating the new library at the Meeting and Front Street location. The caption of the petition read: “Petition to Reconsider Construction of the Iredell County Library at the Meeting Street Location: This is a petition addressed to Members of Council of the City of Statesville and to County Commissioners of Iredell County. The undersigned citizens and residents of Iredell County and of the City of Statesville, for a number of compelling reasons, are opposed to locating the Iredell County Library upon the site selected at the corner of South Meeting and West Front Streets in the City of Statesville. We hereby petition the two governing bodies to re-open consideration of site selection for said library and to receive additional public input within the context of official public hearings before each body. Since facts now available to the public regarding the selected site were not available at the times of previous public hearings, this procedure is necessary to allow meaningful public input on this important issue. Eisele said the circumstances surrounding the library issue had changed since he first made a request to appear before the board. He said that “last Friday morning the city council passed a resolution offering the county a sum of money intended to enable the county to build the new library upon some site within the downtown business area.” Fisele said the resolution did not specify a site, or that it was being made “‘in lieu of the city’s offer to provide the county a ‘buildable’ site at the corner of Front and Meeting Street.” He said that, however, at the council’s meeting on September 16, 2002, Mayor Marshall deleted an agenda item that would have addressed the inter-local agreement pertaining to the Front and Meeting Street site. Mr. Eisele said the petition was being presented since the county had not officially addressed the latest developments of the city. He said his group was requesting the county to officially abandon the Front and Meeting Street site as had the city. by Commissioner Williams to accept the mayor’s, and the Statesville City Council’s, offer of $1,000,000 along with any other donations that have been received on behalf of the effort to place the Iredell County Library in downtown Statesville. In receiving this gift, we the board of the county commissioners, agree to withdraw from any previous agreement concerning the proposed site on Meeting Street. After an appropriate examination, and by determining the site to be suitable, we agree to use our resources along with those gifts of the city, and any other benefactors, on the parcels of land on Water and Tradd Street for the construction of a new Iredell County Library. Commissioner Johnson said there had been a great deal of controversy over the library. He continued by saying: “Approximately 16 months ago, I was asked by this board of commissioners to approach the city council members concerning their desire to participate with the county financially in the construction of a new Iredell County Library. I went to those folks individually and talked to most of them and was satisfied that at that time, we had a majority of support from the members of city council for their financial participation for the county library. Subsequent to that, came the state budget debacle -- an ongoing continuing mismanagement of the state budget. Understanding the predicament they found themselves in, since the commissioners were in a similar situation, | re-approached those members of the council and told them we understood their plight, and that we would postpone any action on the library due to the financial uncertainty as far as reimbursements from the state. At that point, I was thanked by each one I contacted for my understanding and the understanding of the other commissioners. Later on, Mr. Godfrey Williams approached the city council when financial matters had improved to some degree about the possible participation from the city on the financing of the library. Mr. Williams was told ‘no.’ As a commissioner and as a member of the board of commissioners we must respect that. They know their financial conditions better than we do. If no is no, I'll honor that as I’m sure the rest of this board will do. Honorable people would do this. Subsequent to that, came the possibility of placing the library on Eastside Drive. An occurrence that was unbeknown to anyone on this board previously. There became some serious discussion on this board’s part on locating the library on Eastside Drive, but there was never any formal action -- merely discussion. But as is usually the case, rumors abound, and it wasn’t long before the city council heard we were talking about Eastside Drive. We were approached by the city about the possibility of allowing them to participate financially in the Iredell County Library, which we were more than happy to discuss at that point. There was never any action by this commissioner or any other commissioner that I know of who tried to use Eastside Drive as a leverage to gain financial participation for the county. Nevertheless, we were approached. Later on, there was an appearance before the board of commissioners. At that meeting, there was not a presentation on a specific site, but two sites were discussed, that being Stockton Street and the site at Front and Meeting Street as Mr. Eisele referred to a moment ago. It was commented in the city council meeting that at some point the county had been offered seven different sites for the library by city council. That did not happen. There were only two sites that I know of that were ever offered. I know of no staff member who ever heard of seven sites. I haven’t talked to any commissioner who ever heard of seven sites. At the end of the discussion we were somewhat hesitant. We gave the charge to the city at that time to come back with a ‘buildable’ site. The county did not choose Meeting Street, the city council chose it, and presented it to us as a ‘buildable’ site. Now the debate at that time became couched in the terms of Eastside Drive versus downtown. Several commissioners, other than myself, made the comment that they were not prone to vote either way, but they wanted room for expansion of the library, adequate parking, and a ‘buildable’ site. At a reappearance before this board, the city offered Meeting Street, and this board in a three/two vote accepted Meeting Street. Mr. Bowles and I voted against Meeting Street, and in the meeting, I listed the reasons why I voted like I did -- the closing of Meeting Street as far as a commercial and emergency corridor, problems with underground springs, and pollution. What has brought us to this point was the city’s withdrawal of the offer. My understanding was that this was because of the degree of contamination on the Raymer property. By State standards, a site is deemed to be what they call ‘hot’ if there are 50 parts per million. The Raymer property has 2800 parts per million, and it is stated there would have to be monitoring wells that would have to be continually monitored for stability of the site and to see if any additional pollution had occurred. I understand that in the conducting of county business it is necessary for the commissioners to be magnanimous in victory and gracious in defeat; however, I will take a departure from my magnanimity for one moment and say, ‘I told you so.’ So the city realized the great expense that they would incur ongoing, and subsequently, they withdrew the offer on Meeting Street. As a result of this, | am more than happy to support Mr. Williams’ motion to release them from this offer they have made. I say those remarks not to offend anyone, but in the age in which we live, there are always folks willing to rewrite history. But that’s the history of this great saga. Thank you for your indulgence Madame Chairman.” Commissioner Bowles said the motion was well crafted, and he believed it was best for the county to return to the original site, especially since there would be enough money for expansion, for the grading, and for ample parking. Chairman Tice commended Mr. Eisele and the citizens for their involvement. She said this was truly the democratic process in motion. Tice said, “we had the property on Eastside Drive, then the citizens said ‘no,’ we want it downtown, so we proceeded to work with the city on a suitable site. I had given my word to the council that if they came back with a suitable site, one that our architect approved, that I would support it. As the different citizens called me about this situation, my response to them was that they needed to talk to the city council because it was in their court. I think all of the commissioners on this board are eager to build a new library, we know we need a new library, but certainly, we want to please the citizens as to the location. It has taken some time, as Mr. Johnson pointed out, but I believe that maybe we have come to a conclusion that is acceptable to most of the county’s citizens.” Commissioner Ray said, “I am in support of Mr. Williams’ motion. I, too, think this has been a real democratic process. I will say, that I’m going to let Mr. Johnson offer his own history, because I have a little different version than he does.” Commissioner Williams said the debate was now over, and it was time for everyone to become involved in the library project. Williams said the county had budgeted $5,600,000.00, and the city was going to put in $1,250,000. | He requested the business community and private citizens to become involved. Commissioner Johnson asked Support Services Director Jim Vernon if the site would have adequate parking and room for expansion. Vernon said absolutely. He said there were some areas on the site that would accommodate increased parking and building expansion -- both in a single-story, or a two- story facility. VOTING: Ayes — 5; Nays — 0. CONSENT AGENDA by Commissioner Williams to approve the following 14 consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. Presentation and/or Approval of Recommendations from Hunter Human Resources Extension Regarding a Clerical Study for Positions Classified from Grade 57 through 65 in the Iredell County Pay: (A total of sixteen positions were upgraded, effective October 1, 2002.) 2. Request for Approval of the August Refunds and Releases (The following releases and refunds were approved.) Breakdown of Releases $180,244.63 County 111,055.48 Solid Waste Fees 1,177.00 East Alexander Co. Fire #1 52.62 Shepherd’s Fire #2 7,091.39 Mt. Mourne Fire #3 4,527.55 All County Fire #4 6,089.59 Statesville City 37,289.49 Statesville Downtown 0 Mooresville Town 8,272.36 Mooresville Downtown 16.58 Mooresville School 2,518.08 Love Valley 0 Harmony 7.84 Troutman 2,146.34 Breakdown of Refunds $ 1,524.70 County 579.92 Solid Waste Fees 100.00 East Alexander Co. Fire #1 3.26 Shepherd’s Fire #2 0 Mt. Mourne Fire #3 64.25 All County Fire #4 6.40 Statesville City 235.82 Statesville Downtown 0 Mooresville Town 246.02 Mooresville Downtown 0 Mooresville School 145.81 Love Valley 0 Harmony 0 Troutman 143.22 3. Request from the Sheriff's Department for Approval of: a. The continuation of the Multi-County Interdiction Unit (Approval of the following Resolution) Whereas, the Iredell County Sheriff's Department, hereinafter called the agency, has completed an application contract entitled “Sheriff's Multi-Agency Traffic Interdiction Unit,” and that the County Board of Commissioners, hereinafter called the governing body, has thoroughly considered the problem identified and has reviewed the project as described in the contract. Therefore, Now Be it Resolved, by the County Board of Commissioners in Open Meeting, assembled in the City Statesville, North Carolina, this 17" day of September 2002, as follows: 1. That the project referenced above is in the best interest of the governing body and the general public; and 2. That the Sheriff's Department be authorized to file, on behalf of the governing body, an application contract in the form prescribed by the Governor’s Highway Safety Program for federal funding in the amount of $875.00 to be made to the governing body to assist in defraying the cost of the project described in the contract application; and 3. That the governing body has formally appropriated the cash contribution of $2,625.00 as required by the project contract; and 4. That the Project Director designated in the application contract shall furnish or make arrangements for other appropriate persons to furnish such information, data, \ documents and reports as required by the contract, if approved, or as may be required by the Governor’s Highway Safety Program; and 5. That certified copies of this resolution be included as part of the contract referenced above; and 6. That this resolution shall take effect immediately upon its adoption. *e*# *&* * b. The transfer of $3,200 from Seized Funds to be Used as the Local Match for a Local Law Enforcement Block Grant & Approval of Budget Amendment #7 (Funds will be used to purchase a Digital Scanning Machine.) c. Budget Amendment #8 for: * the transfer of $12,000 from Seized Funds to Purchase a K-9 (Belgian Malinois) for the Jail * the transfer of $2,500 from Commissary Funds to Equip a Vehicle for the K-9 * the transfer of $2,000 from Seized Funds for the Tax and Title Fees for two Seized Vehicles * the transfer of $1,248 from Commissary Funds for Training 4. Request for Approval of Budget Amendment #9 for the Usage of $4,255 in Contingency Funds to Pay for FY 2002-03 Participation in the Lake Norman Rural Planning Organization (RPO): During the briefing, Finance Director Blumenstein said the county’s match for participation in the RPO was $5,150.21. However, if Centralina membership hours are used, the amount could be reduced to $4,250.21. The board agreed to use one block of Centralina hours and pay the $4,250.21 for the dues. 5. Request for Approval of Budget Amendment #10 for the Usage of $20,500 in “White Goods” Earnings for Road Repairs at the Solid Waste Department: (As was explained in the briefing, this appropriation will be used to complete road repairs to the “white goods” area.) 6. Request for Approval of Budget Amendment #11 for the Recognition of additional Revenue for the Social Services Dept. and for Appropriation to the Program Line Items: (Total additional funding of $215,549 was received and appropriated out of the Crisis Intervention Program/Administration line items.) 7. Request from the Library for Approval to Apply for an EZ-LSTA Digitalization Starter Grant: The grant funds will be used to purchase a digital scanner.) 8. Request from the Health Department for Approval of Proposed New Fees for the Preventive and Allied Health Divisions (The revised fee amounts are listed in the briefing minutes.) 9, Request for Approval of a FY 2002-03 Robert S. Segal, CPA PA Agreement for the State Criminal Alien Assistance Program (SCAAP): SCAAP provides federal assistance to states/cities/counties that are incurring expenses from the incarceration (minimum of 72 hours) of undocumented criminal aliens accused or convicted of offenses. CPA Segal will evaluate the Iredell County Jail records to determine if federal reimbursements are obtainable. Mr. Segal’s fee for the work will be seventeen (17) cents on every dollar received from SCAAP. 10. Request for Approval of an Investment Management Proposal with First Citizens Bank (The board approved this proposal with a limit of $5,000,001.00 for the investments. ) 11. Request for Approval of an Agreement between Iredell County and the Rural Economic Development Center, Inc., for a Public Access Grant in the Amount of $12,000 (see briefing minutes for explanation) 12. Request for Approval of a Resolution Requesting the North Carolina Department of Transportation and Division of Highways to Construct a New Driveway for the Celeste Henkel Elementary School (The following resolution was approved.) A RESOLUTION REQUESTING THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND DIVISION OF HIGHWAYS TO CONSTRUCT A NEW DRIVEWAY FOR THE CELESTE HENKEL SCHOOL WHEREAS, public safety is a prime objective of the Iredell County Board of Commissioners; and WHEREAS, a traffic congestion problem has been occurring for several years at the Celeste Henkel Elementary School located at 1503 Old Mountain Road, Statesville, North Carolina; and WHEREAS, the Celeste Henkel community has experienced a substantial amount of residential growth during the past few years and by all indicators, the traffic congestion at the school will only continue to worsen; and WHEREAS, the traffic problem makes it increasingly more dangerous for the students at the school, the parents, the school staff, and for the general motorists. NOW, THEREFORE, BE IT RESOLVED, that the Iredell County Board of Commissioners, the official governing body of Iredell County, North Carolina, hereby respectfully requests the North Carolina Department of Transportation and Division of Highways to construct a new driveway for the Celeste Henkel School at an estimated cost of $200,000. **#* * 13. Request for Approval of the August 28, 2002 & September 3, 2002 Minutes 14. Request from the Greater Statesville Development Corporation for the County to Apply for a Community Block Development Grant for Economic Development (see briefing minutes for an explanation on this item) END OF CONSENT AGENDA--~-----=----=------0--"--- Request for Approval to Award the Contracts for the Iredell County Government Center-South (ICGC-S) and to Adopt an Amended Capital Project Ordinance: County Manager Mashburn said that on August 22, 2002, the county received bids from 12 companies for the ICGC-S renovations. He said the bids were “tight” indicating the bidders understood what was needed; however, the low bid was $274,650 over the amount allocated for the project. Mashburn said a special meeting was held on August 28 to discuss the bids, and a motion was approved to (1) put the project on hold (2) ask for an extension on the loan (3) not re-bid until the Department of Environment and Natural Resources (DENR) had made a decision to rent from the county (4) bid the two projects together (15/2 floor and 3 floor/DENR) and (5) raise other money locally. Mashburn said the staff recently met to discuss the project and determined that since DENR had not made a commitment, the matter needed to be discussed again, because anymore delays would put the project into another calendar year. He said this would have a negative impact on the interest rate, i.e., delaying the financial issuance could cost the county additional payments of over $270,000 during the next 15 years. He said the county could re-bid the project, but there were no assurances that the bids would be less. Mashburn recommended that the board reconsider the August 28 decision and award the contract for Phase I in accordance with the bids. He did, however, recommend that the $100,000 in contingency be removed. He also recommended that (1) value engineering changes be made ($38,000) (2) the contract be awarded to the low bidder of Monteith in the amount of $1,448,900 (3) unspent funds totaling $150,000 from the Agricultural Resource Center project and the Hall of Justice Annex project be transferred to the ICGC-S Capital Project Fund, and (4) that an amended Iredell County Government Capital Project Ordinance be adopted. Commissioner Bowles said he understood there was a monetary deficiency of $36,650 with Mr. Mashburn’s recommendations. Bowles said he was disappointed that more money locally could not be raised for the project. Mashburn said the $36,650 was correct. Commissioner Ray said it still wasn’t too late to raise the additional funds from the community. She asked Mr. Vernon about saving money as the project was being accomplished, e.g., using one method over another to cut costs. Vernon said the staff would try to use the most cost effective methods that could be found. by Commissioner Ray to transfer unspent funds of $150,000 from the Agricultural Resource Center Capital Project Fund and the Hall of Justice Capital Project Fund to the Iredell County Government Center - South Capital Project Fund and adopt the amended Iredell County Government Center-South Capital Project Ordinance. Commissioner Williams urged the residents in Mooresville to assist with the project. VOTING: Ayes — 3; Nays — 2 (Bowles & Johnson) (The amended project ordinance is as follows.) Iredell County, North Carolina Amended Capital Project Ordinance Iredell County Government Services Building — South Be it Ordained by the Board of County Commissioners of Iredell County, North Carolina: Section 1. This capital project fund shall finance the cost of planning, design, & construction of the Iredell County Government Center — South Professional Fees $ 220,500 Asbestos Removal 67,600 Survey 2,700 General Construction 1,448,900 Contingency 113,350 Retire HMA Promissory Note 1,900,000 Closing Costs of Financing 16,500 $3,769,550 Section 2. Funds for this Capital Project Fund will be provided from the following sources: Financing Proceeds — Bank of America $ 3,510,000 Transfer from Capital Project Funds 150,000 Contribution — Town of Mooresville 100,000 Interest Earned on Construction Fund _ 9,550 $__3,769,550 Section 3. This Capital Project Fund shall continue until the project is complete. Section 4. Payments from this Capital Project Fund shall be authorized by the County Manager or his designee. Section 5. Upon completion of the construction project, all funds remaining in this Capital Project Fund shall be transferred back to the Capital Reserve Fund. This Amended Ordinance being adopted September 17, 2002. xe KK MOTION) by Commissioner Ray to award the construction bid to Monteith Construction Company in the amount of $1,448,900. VOTING: Ayes — 3; Nays — 2 (Bowles & Johnson) ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Personnel Advisory Committee (2 announcements) Nursing Home Advisory Committee (2 announcements) Adult Care Home Community Advisory Committee (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Juvenile Crime Prevention Council (2 appointments): Chairman Tice nominated Stephanie McNeill to represent the faith community. Commissioner Johnson nominated Leigh Byers as a county commissioner appointment. No further nominations were submitted, and Chairman Tice to close the nominations and appoint McNeill and Byers by acclamation. VOTING: Ayes — 5; Nays — 0. Region F Aging Advisory Committee (1 appointment): No nominations were submitted, and Chairman Tice moved) to postpone this appointment until the October | meeting. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee (1 a ointment): No nominations were submitted, and Chairman Tice moved} to postpone this appointment until the October 1 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (2 appointments): No nominations were submitted, and Chairman Tice moved to postpone the appointments until the October 1 meeting. VOTING: Ayes — 5; Nays — 0. Welfare Reform Committee (10 appointments): Commissioner Johnson nominated the following nine individuals. Mac Lackey to represent the board of social services David Crosby to represent the area mental health authority David Boone to represent the health board Steve Lane, or his designee, to represent the school system Kalman Gordon to represent the business community Steve Johnson to represent the county commissioners Paul Wilson to represent community-based organizations that are representative of the population to be served Ben Garrison to represent the community transportation system Rev. Doris Allison to represent the religious organizations No further nominations were submitted, and Chairman Tice moved to close the nominations and to appoint the nine individuals by acclamation. VOTING: Ayes — 5; Nays — 9. Note: The tenth appointment(s) suggested by Social Services Director Don Wall were recipients of Work First or other types of assistance or services. Consumer & Family Advisory Committee for Crossroads Behavioral Healthcare (3 appointments): Commissioner Williams nominated and lmotioned| to approve the appointments of Cecil Maynor of Mooresville, Dottie Harrison of Mooresville, and Wanda Mayes of Statesville. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER’S REPORT: Mashburn said a written activity report had been distributed. He then reminded the board members about the following events. Saturday, September 21, 2002: Dedication of Stumpy Creek Park at 10 a.m., (160 Stumpy Creek Road, Mooresville, NC). Commissioner Johnson requested that recognition be given to Kim Gallyon at the ceremony. Monday, September 23, 2002: Meeting with the Boards of Education for the Iredell-Statesville School System and the Mooresville Graded System, at the Agricultural Resource Center, 444 Bristol Road, Statesville, NC for a presentation on capital needs. CLOSED SESSION: by Chairman Tice to enter into closed session at 8:15 p.m., for the purpose of discussing Personnel - G.S. 143-318.11 (a) (6) and Property Acquisition - G.S. 143-318.11(a) (5). VOTING: Ayes — 5; Nays -— 0. (RETURN TO OPEN SESSION AT 8:45 p.m.) ADJOURNMENT: MOTION to adjourn the meeting at 8:45 p.m., by Chairman Tice. NEXT MEETING: Monday, September 23, 2002, 6:30 p.m., at the Agricultural Resource Center for the joint meeting with the schools boards. VOTING: Ayes —5; Nays - 0. / 7 i . fl Approved: WV (ha br _}3 aA" A SALA il { JIUTe fa Clerk to the Board 9 IREDELL COUNTY BOARD OF COMMISSIONERS SPECIAL MEETING WITH THE BOARD OF EDUCATION FOR THE IREDELL-STATESVILLE SCHOOL SYSTEM & THE BOARD OF EDUCATION FOR THE MOORESVILLE GRADED SCHOOL SYSTEM MONDAY, SEPTEMBER 23, 2002 The Iredell County Board of Commissioners met for a dinner meeting with the Iredell-Statesville Board of Education and the Mooresville Graded Board of Education on September 23, 2002, 6:30 p.m., at the Agricultural Resource Center, located at 444 Bristol Drive, Statesville, NC. The following individuals were in attendance. Iredell County Board of Commissioners Sara Haire Tice, Chairman Karen B. Ray, Vice Chairman Tommy E. Bowles Steve D. Johnson R. Godfrey Williams Iredell County Staff Joel Mashburn, Iredell County Manager Susan Blumenstein, Director of Finance & Administrative Services Ron Smith, Planning Supervisor Jean Moore, Clerk to the Board Iredell-Statesville Board of Education Vaughn Sprinkle, Chairman David Cash Tara Cashion Jim Head Mary Bruce Serene Keith Williams David Parker, Board member-elect Ken Wilson, Board member-elect Iredell-Statesville Staff Julia Williams, Interim Superintendent Bedford Cannon, School System Attorney Terry Holliday — Superintendent effective November 1, 2002 Denise Holliday, spouse of new superintendent Mooresville Graded Schools Board of Education Frank P. Fields, Chairman Karen M. Hart Bill Thunberg Mooresville Graded Schools Staff Bruce Boyles, Superintendent Roger Hyatt Barry Shepherd David Dutton Media Michelle Harrison, Record & Landmark Michael Roessler, Mooresville Tribune Jim Wrinn, Charlotte Observer/Iredell Neighbors Guest Chris Roberts, SWBR Architects PURPOSE OF THE MEETING: Dr. Julia Williams said the meeting had been scheduled to remind everyone about the school needs of both systems. She said information would be provided to show the effect of growth and development on the schools. Williams said no formal request for funds would be presented at the meeting. (A booklet containing information about student population and growth was then presented and discussed. The booklet concluded by saying: * The student population is growing at a fast rate, approximately 800/yr. or the equivalent of one new school per year countywide. * The ability to provide for growth and to replace/renovate aging facilities continues to be a problem. * Available space (classrooms, land for expansion/mobiles, special programs, state initiatives, etc.) can limit our ability to provide an adequate education environment. ¢ Good Schools are essential to strong economic development and continual progress in our county. Some comments made were: Dr. Williams: Harmony and Ebenezer Schools need major renovations. Work has been done at Union Grove, but additional work is needed. Statesville High needs major renovations and more space. Troutman schools are at capacity. New elementary school is needed to alleviate space problems at Lake Norman Elementary. Commuter rail in the southern end, along with the new Lowes facility will affect the schools. Just because a school was built for 800, this doesn’t necessarily mean 800 students will fit. e.g., exceptional children’s classes have space guidelines (“as-built” capacity is affected by size, special classes, exceptional classes and Pre-K classes). Pre-K classes do not count in a school’s ADM (average daily membership). Fifty percent (50%) of the new enrollees this year were from outside North Carolina & five percent (5%) were from out of the country. Dr. Boyles: Mooresville schools have doubled in the number of students since 1986. The doubling will probably occur again in the next 15 years. Most significant needs are in the elementary schools. Presently has a site selected for a new intermediate school. State mandates offer challenges, e.g., “More at Four” program & the classroom sizes for the lower grades. One school has to begin lunch at 10:30 a.m., & it concludes at 1:30 p.m. The same zoning and permitting factors are faced by the schools as are faced by the private sector. 85% of the student population in Iredell County is housed in brick/mortar classrooms. The other 15% is in mobile classrooms (441 in the Mooresville System and 2,850 in Iredell-Statesville). Dr. Boyles and Dr. Williams stressed the need to continually renovate the older schools. ADJOURNMENT: The meeting concluded at approximately 8 p.m. ’| / ‘ \ Approval: Vetete lg K£UOA a Lint. Vere Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES OCTOBER 1, 2002 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, October 1, 2002, at 5:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. Present: Chairman Sara Haire Tice Tommy E. Bowles Steve D. Johnson R. Godfrey Williams Absent: Vice Chairman Karen B. Ray (Arrived at 8:55 p.m., due to a family emergency.) Staff Present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, EMS Director Tracy Jackson, Fire Marshal Chuck Gallyon, Inspections/Planning Director Lynn Niblock, and Clerk to the Board Jean Moore. Guests: : Economic Developer Jeff McKay with the Greater Statesville Development Corporation - Developer Ron Kennerly with Davidson Development LLC - Attorney Bob Henderson, representing Davidson Development LLC - Desiree McSorly, a landscaper for the Cove Key Town Home Development CALL TO ORDER by Chairman Tice RUSSELL B. & PATRICIA T. KNOX AND MICHAEL J. HEINEN & LAURIE BEACH PROPERTY, CASE NO. 0208-3, FROM RESIDENTIAL AGRICULTURAL & HIGHWAY BUSINESS TO MULTI-FAMILY RESIDENTIAL CONDITIONAL USE DISTRICT (R-8A) (LOCATION: MECKLYNN ROAD ADJACENT TO INTERSTATE 77 IN MOORESVILLE, NC): Planning Supervisor Ron Smith explained this rezoning request and the conditions agreed to by the applicant. Smith said the multi-family development (Cove Key Town Homes) probably would not impact the school systems. He said the developer was proposing to build 17 town homes, 2 condominiums, and 1 single-family home for a total of 20 units. Commissioner Bowles asked about the detached single-family home on the southern end. Mr. Kennerly said he and his wife planned to live there. Bowles asked the difference in a town home and a condominium. He also asked how the developers would keep people from using the emergency access as a Cut- through. Kennerly said there was a difference in the real estate conveyance. He said, usually, with a town home, there was a footprint of the ground underneath. Mr. Kennerly said that with a condominium, the interior was owned by the owner, but the exterior was owned by the homeowner’s association. In reference to the emergency access, he said individuals would be fined for inappropriate use. (Additional information is included in the regular minutes about this matter.) REQUEST FOR APPROVAL TO APPLY FOR A $400,000 RURAL ECONOMIC DEVELOPMENT GRANT & APPROVAL OF TWO RESOLUTIONS (SUPPLEMENTAL GRANTS PROGRAM AND MINORITY BUSINESS ENTERPRISE PERCENTAGE GOAL): Economic Developer Jeff McKay requested permission to apply for a $400,000 grant from the Rural Economic Development Center (REDC). He said the grant funds would aid in the construction of a one million gallon elevated storage tank. McKay said the county had previously agreed to an economic incentive for Millard Refrigeration, in the amount of $112,800, and this money would be used as the grant’s match. Mr. McKay said the water tank would also aid any other industries that might locate near Millard Refrigeration (former Polar Cold Storage facility located in west Iredell). He said that, currently, the area did not have a water system adequate enough to provide fire protection for prospective industries. (OTHER: Several other agenda items were briefly explained during the briefing; however, most of them are extensively covered in the regular minutes.) ADJOURNMENT: Chairman Tice adjourned the briefing at 6:30 p.m. Approved: ll UAkhin 15, 2002 Ltn C. slr Y Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES OCTOBER 1, 2002 The Iredell County Board of Commissioners met in Regular Session on Tuesday, October 1, 2002, at 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. Present: Chairman Sara Haire Tice Vice Chairman Karen B. Ray (Arrived at 8:55 p.m., due to a family emergency.) Tommy E. Bowles Steve D. Johnson R. Godfrey Williams Staff Present: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, EMS Director Tracy Jackson, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice INVOCATION by Commissioner Williams PLEDGE OF ALLEGIANCE TO THE FLAG ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to adjust the agenda by: Additions: *Request for the Consideration of a Private-Public Consortium Agreement with EnergyUnited Electric Membership Corporation & West Family Realty, LLC Regarding an Elevated Storage Tank - Request for Approval to Apply for a $400,000 Rural Economic Development Grant & Approval of Two Resolutions (Supplemental Grants Program and Minority Business Enterprise Percentage Goal) * Request for Permission to Enter Into Purchase Contracts for Two Properties Near the Iredell County Library (Owners are Rebecca Weintraub/print shop properties & Elizabeth King/dry cleaner’s property) * Request for Approval of an Adjustment to the Permit Fee Schedule - Request for Approval of a Reorganization of the Emergency Services Offices * Closed Session for Property Acquisition — G.S. 143-318.11(a) (5) VOTING: Ayes - 4; Nays - 0 PRESENTATION OF A CERTIFICATE OF APPRECIATION ISSUED TO MR. ROBERT ANDERSON YORK IN RECOGNITION OF HIS WORLD WAR Il MILITARY SERVICE IN NORMANDY, FRANCE: Veterans Service Officer Brad Stroud introduced Mr. Robert Anderson York of 1271 Eufola Road, Statesville, NC. Stroud said Mr. York qualified for a Commemorative Medal of the Jubilee of Liberty; however, the French government had stopped minting the medals. Mr. Stroud said that in lieu of the medal, the French Minister of Foreign Affairs had issued a certificate of appreciation to Mr. York for his military service in Normandy, France. Chairman Tice then read out loud the certificate which is written as follows. Republic of France Minister of Defense for Veterans Affairs Regional Council of Normandy DIPLOMA, of recognition from France, to the soldiers of the Allied Forces who engaged in the Battles of D-DAY in Normandy and the Liberation of 1944- 1945. Mr. Robert Anderson York This certificate is an expression of our desire to pay tribute to the Brave men, such as you, who participated in these terrible events in order to restore Freedom to our country. In the name of the People of Normandy, I would like to express my deepest Gratitude. Sincerely, Jean-Pierre Masseret, French Minister for Veterans Affairs and Rene’ Garrec, President of the Regional Council, Normandy Mr. York was presented with the framed certificate, thanked for his honorable and heroic services, and given a standing ovation by the audience members. ** * * * PUBLIC HEARINGS Chairman Tice declared the meeting to be in a public hearing. (The individuals desiring to speak in reference to Case 0208-3 were called to the dais and sworn in.) Russell B. & Patricia T. Knox and Michael J. Heinen & Laurie Beach Property, Case No. 0208-3, from Residential Agricultural & Highway Business to Multi-Family Residential Conditional Use District (R-8A) (Location: Mecklynn Road adjacent to Interstate 77 in Mooresville, NC): Planning Supervisor Smith said the applicant, Davidson Development LLC, desired to rezone approximately 11.63 acres (PIN#4644-49-6413 & PIN#4644-49-7731) from Residential Agricultural and Highway Business to Multi-Family Residential Conditional Use District. He said the southern portion of the overall tract was zoned Highway Business and the northern section was Residential Agricultural. Mr. Smith said the applicant had agreed to several conditions that would mitigate and minimize any adverse impact on the area. He then described the following conditions and said a few were a little redundant since they were already in some of the county’s ordinances. CONDITIONS #1 Development of the site shall be for the purpose of constructing a residential condominium for 19 attached residential homes and 1 detached single-family home, with associated allowed accessory uses. #2 Shall have under 24% impervious area and shall conform with the regulations of the Low Density Option of the Watershed Regulations. #3 The site shall maintain a 50’ buffer along Lake Norman. #4 Shall make every reasonable attempt to save the existing trees as indicated on the plan. #5 Installation of an evergreen vegetative screen along the northern property line as indicated on the plan. The evergreen screen shall consist of Nellie Stevens holly (or equivalent) installed at 5’ on center. Height at installation shall be 5’ minimum. The hollies shall reach a minimum height of 15 feet at maturity. #6 Shall extend the existing berm along the frontage of Mecklynn Road and plant a combination of evergreen and deciduous plant material on the berm. #7 Detached pole lighting within the site shall be limited to 12’ high poles. #8 The single family unit’s side yard adjacent to the southern property line will be 15° in order to be consistent with the 15’ side yard in the Westview Subdivision. #9 No attached housing will be closer than 65’ to the southern property line. #10 The petitioner and his Landscape Architect will consult with the property owner adjacent to the proposed single family home that the petitioner intends to build and occupy along the southern property line, in order to devise a landscaped evergreen screening plan for the area between the two homes that is aesthetically pleasing for both homes. #11 Building height will be 35’ maximum. #12 Building materials for the project shall be a combination of stone (cultured stone), cement fiber shingles (hard-shingles) dark asphalt roofing shingles, and red metal roofing accents. #13 Development of the site shall include an emergency vehicular access to Circle View Drive. The emergency vehicle access shall remain open and clear of physical obstructions. The emergency vehicular access easement location shall be recorded on the Plat of Record. In addition, it shall be stated in the Condominium Documents that the access is for emergency use only, every day use shall be prohibited. #14 All land will be conveyed to the Condominium Association in a manner that will prohibit future subdivision or additional dwelling units. A copy of the Condominium Documents will be provided to the Iredell County Planning Department prior to recordation of the Plat. #15 The Plat of Record will reflect all easement of record, including the emergency access easement to Circle View Drive. #16. A State approved contractor will be hired to insure proper operation and maintenance of the Surface Drip Wastewater Treatment System. #17 The main entry driveway location shall be at the northern corner of the property, as generally depicted on the Conditional Plan. #18 All construction traffic, resident traffic, realtor and visitor traffic shall be limited to the main driveway access on the north side of the property, as generally depicted on the Conditional Plan. -END OF CONDITIONS- Mr. Smith said the rezoning request did not conflict with the land use plan, and it would actually bring the parcel currently zoned Highway Business into compliance with the land use plan as a residential use. In addition, he said the overall density would be no higher than if the property were developed under the current Residential Agricultural zoning restrictions. Smith said the only difference would be the type of housing. He said the staff recommended approval of the request, and on August 7, 2002, the planning board approved the rezoning in a 7-2 vote. Commissioner Johnson asked what would govern the applicant’s compliance with the density of the development. He said he already knew there would be the watershed regulations and the 18 conditions, but he asked what assurance could be given to the neighbors, as far as a method of enforcement, that the development would not exceed 20 units. Smith said that before the plat was recorded, the planning department would make sure the unit limitation was stipulated on it. He also said the site plans would be reviewed in the planning department. Commissioner Bowles asked about the single-family dwelling. He asked how far it was from the attached housing. Smith said he didn’t know the specific distance. Commissioner Bowles said he understood the single-family dwelling could never be split and used as a two-family home, unless it received the planning board’s approval. Smith said that was correct. He said there would have to be changes in the way the planning staff dealt with the critical area of the watershed, and there would have to be changes in the recorded agreement. Jim Walker (opponent) said he represented 300 residents on the Langtree peninsula. Walker asked the board to postpone or reject any development surrounding the proposed interchange until a master plan was completed. He presented a petition in opposition with over 300 signatures from residents of the Westview, Waterside, Bridgeport, Royal Pointe, Alexander’s Island, Sailor’s Lair, Carson’s Place, Pin Oak, Lakeview Shores, Yeoman’s Road, and King’s Landing Developments. Fitzhugh Stout (proponent) said he was the Managing Director for Integra Realty Resources, and he had been appraising property for 27 years. Stout said he had been requested by the developer to determine if any adverse impacts would occur on the area’s single-family home values if the Cove Key Town Home Development were constructed. Stout said that in making his decision, he reviewed the site plan, floor plan, exterior building elevations, the planning staff report, the preliminary findings of fact, the list of concerns from the Westview Homeowner’s Association, and the list of conditions. He said the density of the project was 1.7 units, which was fairly consistent with the development across the cove, and it was slightly higher than what was south of the project. Mr. Stout said his opinion was that the proposed use and density were consistent and compatible with the surrounding land use patterns. He said the project would be well screened with an adequate setback from the shore of Lake Norman. Anne Hicks (opponent) said she was a concerned resident of the Langtree peninsula, and she was a former member (extraterritorial zoning jurisdiction) of the Town of Cornelius Planning Commission. Ms. Hicks said she had first-hand knowledge of what could happen when an area was developed without a small area plan and/or adequate zoning ordinances. She requested for the rezoning to be denied until further study could be done, or a small area plan was created along with appropriate zoning ordinances for the entire area surrounding the proposed I-77 interchange. Desiree McSorly (proponent) said she was a registered landscape architect with a firm in Charlotte, NC. She said approval of the rezoning would bring the parcel currently zoned Highway Business into compliance with the land use plan. McSorly said she had worked extensively with the planning department, and the development met or exceeded all of the requirements of the ordinance. She said the development would be constructed under the low-density watershed option, and it would maintain a 50 ft. vegetative buffer. McSorly said that “substantial woodland habitats would be saved with the plan.” In addition, she said an “innovative wastewater system that treated the water first and then filtered it on to the forest floor would be used.” Ms. McSorly said the development would not materially endanger the public health or safety of the area residents. She said (1) Duke Power had visited the site and agreed to relocate the existing service line (2) the gas company had been contacted regarding the easement (3) Heater Utilities had agreed to reserve water capacity for the 20 units and had committed to provide water for them in the future and (4) the Mount Mourne Volunteer Fire Department Chief had expressed an opinion that adequate access would be in place for emergency vehicles. Tony Jacobs (proponent) said he was a licensed soil scientist, and he had reviewed the site in regards to waste treatment. He said the development would have a “spray permit” issued by the North Carolina Department of Natural Resources and Environment (DENR)/Division of Water Quality/Mooresville office. Jacobs said the spray method was much preferred by DENR over a discharge permit. Mr. Jacobs said he had experience with a drip system (70 thousand gallons a day) in the mountains of North Carolina, and its water was six classes cleaner than Lake Norman. He said The Pointe’s Golf Club used the drip system. Commissioner Bowles asked about the permitting for the system and the advantages of the proposed system over a package treatment plant. Jacobs said the state would permit the system. He said the system was called “reuse water” and it was much better than what was in the permit for the Bridgeport Subdivision. Bowles asked if the proposed system would discharge into the lake. Jacobs said, “not at all.” Mr. Jacobs said the residents closest to the waste system would be the actual town home owners. Bowles said he was understanding the water would be treated on-site. Jacobs said that in a septic system, the water was treated below the ground, but in this system, it would be treated above ground, and then it would return to the surface. He said the oxygen level at the surface (20% ambient) made it a much more qualified system for the environment. An unidentified individual asked Mr. Jacobs what he meant by “above ground.” Jacobs said right behind the berm. Scott Guice (opponent) requested denial of the rezoning. He said his request was based upon: 1. It placed a multi-family development into an area of single-family homes, and this would set a precedent. There were discrepancies in the conditional use plan presented to the planning board. According to the Iredell County Zoning Ordinances, at a minimum, a 35-foot setback must be maintained along all exterior property lines including side yards. The proposed development has a 15-ft. setback. 4. The plan was not “harmonious” with the location and character of the area. A small area plan was needed for the developers and the residents. 6. There are environmental concerns about the drip wastewater system and its close proximity to the lake. 7. The project does not meet the special requirements stipulated in the Iredell County Zoning Ordinance. 8. A market analysis has shown that the project is inconsistent with the current market values for town homes on the lake. 9. There will be traffic problems for the area -- one way in and one way out. Ww nN ba Commissioner Williams asked the planning supervisor to clarify the southern end setback. Smith said the southern most side would have a single-family structure with a 15- foot setback. Commissioner Johnson asked if a small area plan would significantly alter the type of development that was being discussed. Smith said that, typically, land use plans designated areas for high, low, or medium densities. He said high density, which he didn’t feel the town homes were, would actually fit into the land use plan. Chairman Tice asked what uses would be allowed in the Highway Business District. Smith said there could be a “myriad of uses.” He said some uses might be car washes, convenience stores, and auto repair stores. Larry Resnick (proponent) said he lived in the Diamondhead Subdivision, and he and his wife were interested in owning one of the homes in the Cove Cay Development. He encouraged approval of the rezoning. George Moore (opponent) said he had owned property for 40 years on the north border of the proposed development. He said there was one acre, owned by Heater Utilities, that did not have any trees. Mr. Moore said he agreed that Highway Business was the wrong zoning, but all the board had to do was change it to residential. He asked the public purpose for changing the rezoning to multi-family. He asked whose rights were being protected -- the developers or the current residents. Ron Kennerly (developer for the site) said he and his son (Chris) had worked hard to develop a planned community that preserved the land and the lake. He said the drip sewer system allowed them to preserve over 60% of the trees. Kennerly said landscaping would screen the Heater Utilities site. He said the wastewater system would not lower the water table. He also said that effluent would not be introduced into any underground well systems. Kennerly said the town homes would be 2,800 sq. feet to 3,800 sq. ft. with prices from $525,000 up to $775,000. He said there were two one-level condominiums proposed ($475,000 each for 1,975 sq. ft.) and there were 17 town homes. He also said there would be one single family detached home on the site. Mr. Kennerly said there was a market for the homes, and 12 people had already expressed an interest. Bob Henderson (attorney for the developer) said, “the development had evolved into a remarkable plan, and the cluster housing had extensive buffers.” Henderson also said: “The decision regarding the development is not about a small area plan. However, if one were in place, the most aggressive thing it would stipulate would be to require low density residential at the site. What is proposed is low residential. There is no planning document now, that requires single-family residential at any location. The four-prong test in the county’s ordinance has been met. a. The use is eligible for conditional use. b. The plan presents no material public health or safety issues. (The staff, a professional landscaping architect/planner, and a professional soil scientist have spoken to these items. c. Meets or exceeds all requirements, conditions, or specifications of the ordinance. d. The plan is in harmony with the area. There is no plan that mandates an area must be single-family. The county’s ordinance envisions room for smart growth of this sort. A density no greater than single-family, but it is better than this, because it has less impact on the surrounding areas and environment.” (Mr. Henderson requested that the items presented in the Power Point presentation be included as a part of the record.) Mike Polarick (opponent) said he lived at Waterside Landing, across the bay from the property. Polarick said he was a retired chemical engineer, and he felt the development would impact the water table and private wells. He said storms would wash the sewer effluent into the lake. Jacobs, the soil scientist, said the drip system would have cleaner water than what the Bridgeport Subdivision was already putting into the lake. Chairman Tice adjourned the public hearing. Commissioner Bowles asked Mr. Kennerly if the plan could be modified in terms of the single-family home -- could the buffer be moved from 15 feet to 35 feet on the southern exposure. Kennerly said it was a tight site. He said the original plan called for a ten-foot setback. Mr. Kennerly said he later met with Dr. Guice, to discuss his concerns about the development, and it was then decided to move the setback to 15 feet. McSorly said the developer would lose one town home if the setback were increased to 35 feet. Kennerly agreed to have a 35-foot setback. MOTION by Commissioner Bowles, after reviewing the findings of fact and determining them to be in order, after determining that the rezoning is consistent with the Land Use Development Plan written as of this date, after hearing the opinion of the planning staff indicating that if a small area plan were done, the same verdict would be reached, after receiving the planning staff's recommendation for approval, after receiving the planning board’s recommendation for approval, and after walking the site myself, to approve the rezoning request of Case #0208-03 with an additional condition being: #19 - the southern boundary will be increased from a 15-foot setback to a 35-foot setback. VOTING: Ayes — 3; Nays — 1 (Tice) Chairman Tice declared the meeting to be in a public hearing. (Other than the Planning Supervisor, no one desired to speak in reference to the conditional uses in Case #0209-1.) REZONING REQUEST; NINA GAFFNEY PROPERTY, CASE NO. 0209-1, FROM RESIDENTIAL AGRICULTURAL TO NEIGHBORHOOD BUSINESS CONDITIONAL USE DISTRICT (LOCATION: BRAWLEY SCHOOL ROAD SOUTH OF BEECH TREE ROAD, MOORESVILLE, NC): Planning Supervisor Smith said the owner/applicant Nina Gaffney desired to rezone approximately .8 acres (PIN#4636-26-9915) -from Residential Agricultural to Neighborhood Business Conditional Use District. Smith said the applicant was agreeable to the following conditions. 1. Roadway Protection Overlay (RPO) standards along Brawley School Road. 2. Site Development Plan to provide for future interconnectivity between adjacent properties. 3. No billboards permitted on the property. Mr. Smith continued by saying the existing land use was vacant, and the surrounding usage was residential and commercial. He said the property had a commercial land use classification in the Brawley School Peninsula Small Area Plan. Smith said the staff recommended approval of the request, and on September 4, 2002, the planning board unanimously approved the rezoning. (Two unidentified individuals from the audience section said they were in favor of the rezoning.) No one else requested to speak, and Chairman Tice adjourned the hearing. MOTION by Commissioner Williams, after reviewing the findings of fact and determining them to be in order, to grant the rezoning request for Case No. 0209-1 (Gaffney) from Residential Agriculturai to Neighborhood Business Conditional Use District. VOTING: Ayes — 5; Nays — 0. Chairman Tice declared the meeting to be in a public hearing. PROPOSED AMENDMENT TO THE IREDELL COUNTY SUBDIVISION ORDINANCE (SECTION 404.4) COMMON OPEN SPACE TO BE PROVIDED FOR SUBDIVISIONS: Smith said that during the community meetings held in reference to the Brawley School Peninsula Small Area Plan, many residents stated the need to have more public park facilities. He said that based on the citizen comments, a subdivision ordinance revision was being proposed whereby a developer would be given three open space choices. (Currently, there is only one requirement). The choices would be: ‘i Set aside 15% of the gross acreage of developable land dedicated as common open space (the current requirement ranges from 10-15% dependent upon the number of lots created and the size of those lots. This would be revised to a straight 15%; or - Donate an equitable amount of suitable land in another area to the County or use as public open space for parks and/or recreational areas; or 3. Make a payment to the County in lieu of a dedication for the acquisition, development, or redevelopment of public open space to be used for parks and recreation areas in the general vicinity of the development. No one else desired to speak, and Chairman Tice adjourned the hearing. MOTION by Commissioner Bowles to adopt the Common Open Space Provision, with the understanding that it involved only the larger subdivisions. VOTING: Ayes — 5; Nays — 0. The revision to the ordinance is as follows. 404.4 Amount of Common Open Space to be Provided A. The developer of any proposed subdivision with more than 10 developable lots sha!l identify and commit to one of the three (3) options detailed below at the time the preliminary plat application is submitted. 1. On-Site Land Dedication Dedicate at least 15% of the gross acreage being developed as common open space within the subdivision. Lake access lots provided as required under Section 404.2 (F) may be counted towards this requirement. The following guidelines shall apply; (a) Each lot in the development shall have direct access or access by right-of- way or easement to such open space. (b) The size, shape, and location of such dedicated land shall be compatible with the rest of the development and shall be suitable for the open space and recreational needs of the residents of the subdivision. (c) Open spaces shall be held by a homeowners association, property owner’s association, public agency, nonprofit organization or similar legal entity that is organized for, capable of, and willing to accept responsibility for managing the open space for its intended purpose. (d) The title to such open space shall be preserved for the perpetual benefit of the private property owners in the development and shall be restricted against private ownership for any other purposes. Further, the open space shall be perpetually preserved and the title shall be restricted against use for any other purpose. 2. Off-Site Land Dedication If the required common open space is equal to or greater than two (2) acres, the developer may also donate to the County an equitable amount of suitable land in another location for the use of public open space. The developer of the proposed subdivision shall identify and commit to this preference at the time he submits the preliminary plat application. The Subdivision Administrator shall review this request for approval and may deny the request if the land is not physically or geographically suitable for recreational purposes. 3. Fees in Lieu of Open Space Dedication The developer may pay a fee to the County in lieu of such dedication. The following formula shall be used in determining the fee. (assessed value of onsite property) x (yearly adjusted inflation rate) x (# years since last revaluation) + 1 = Payment in lieu of Open Space Dedication Fee Assessed value of on-site property equals the value of the required amount of land to be dedicated as a percentage of the assessed valuation of the site prior to subdivision, (i.e. if the total acreage is 100 and the total assessed value equals $500,000 and the required open space dedication is 15 acres, then the assessed value of the open space would be 15% of $500,000 or $75,000). Yearly adjusted inflation rate is based upon prevailing inflation rates as reported annually in the Wall Street Journal or other reliable financial reporting medium, (i.e Number of years since last revaluation is the total number or years since the last revaluation was conducted by the taxing authority. Example: Assessed Valuation: $75,000 (75,000) Inflation Rate: 3% x (.03 x 6) +1 Years since last Revaluation: 6 $88,500 (a) Any disagreements in the amount of required payment shall be resolved by conducting a professional appraisal of the fair market value of the property at the subdivider’s expense. (b) The professional appraiser shall be mutually agreed upon by the County, or appointed by the County should an agreement not be reached. (c) All payments made in lieu of the dedication of open space shall be made at the time of submission for final subdivision approval. (d) Failure to submit the required fee along with such applications will delay approval of such submissions until payment is rendered. (e) All funds received for payment in lieu of dedication of open space shall be used for the acquisition, development, and redevelopment of public open space within the County in correlation with NCGS 153A-331. (f) Inthe event that the County has a Recreation Plan, Greenway Plan, Open Space Plan, or similar document in place, projects designated and/or prioritized in said plan shall be given consideration in the utilization of the funds brought in by this program. Prioritization shall be given to projects which show the highest public benefit. PROPOSED AMENDMENT TO THE IREDELL COUNTY SUBDIVISION ORDINANCE (SECTION 6.18), ROADWAY PROTECTION OVERLAY TWO (RPO2): Smith said the county currently had an overlay in the ordinance; however, after hearing public comments during the Brawley School Peninsula Small Area Plan meeting, it was decided to create another RPO. He said the RPO2 proposal would add to the existing sign standards, require more landscaping, and add parking location standards. Smith said street trees were also added to the landscaping requirements. (The proposal for street trees would be for new and existing RPO sections.) Commissioner Bowles asked if the proposal would be in the ordinance as a requirement or a recommendation. Smith said the RPO2, itself, would be a requirement, but the architectural stipulations would be included as a recommendation. Bowles asked about the bushes and trees. Smith said these would be a requirement. He said building design -- stucco vs. brick, etc., would be a recommendation. 9 Bowles asked what would happen with the following scenario: A person has an existing vacant building and he or she wants to open a gift shop. Would the person need a site plan? Smith said that in that situation, a site plan would probably not be needed. He said, however, this might not be the case if the individual adding parking or reconfigured something. No one else desired to speak, and Chairman Tice adjourned the hearing. MOTION by Commissioner Williams to adopt the proposed amendment to the Iredell County Zoning Ordinance, Section 6.18 Roadway Protection Overlay Two (RPO2). VOTING: Ayes — 4; Nays — 1 (Bowles) The amendment is as follows. Section 6.18 Roadway Protection Overlay District Two (RPO2) A. Application. The requirements of this Section apply to all uses in the RPO District z. except one and two-family residences, including newly established uses and changes in use that require site plan approvals. Front Yard Setback. The front yard setback shall be a minimum of eighty (80) feet measured from the centerline of the frontage roadway but in no case shall the front yard setback be less than that required by the use for the underlying district in which located, or thirty (30) feet whichever is the greater. Where applicable, the front yard setback is to be measured from any future right-of-way as designated in the Iredell County Thoroughfare Plan. No chain link or similar fencing is permitted in the front yard. Fences of natural materials (i.e., wood, brick, stone, etc.) would be permitted in the front yard. Minimum Lot Width. The minimum lot width for all lots created after the effective date of the RPO District shall be one hundred and fifty (150) feet. . Outside Storage of Materials. All outside storage of materials shall be prohibited. This shall include the storage of goods or materials which are not an integral part of the use of the property and which are not obviously for sale. This shall not preclude any situation where the primary use of the property includes the outside display of goods for sale such as automobiles, boats, mobile homes, etc. Ingress and Egress Points. 1. On any lot in any planned multi-tenant development which contains more than one lot, no two points of ingress and egress (as measured at their closest distance) shall be closer than three-hundred (300) feet apart. No more than two (2) separate points of ingress and egress per lot or within a planned multi-tenant development shall be allowed per road front, except where included as a condition for a use which requires a conditional use permit iocated on a lot containing five (5) or more acres. Any use engaged in the sale of automobile fuels to the public and having more than three (3) fuel stations shall be allowed to have no more than one additional point of ingress and egress per road front provided that said point of ingress and egress is located no closer than forty (40) feet from any other such access point. 2. Except where ingress and egress would be denied, no portion of a point of ingress and egress shall be located closer than two-hundred (200) feet to the centerline intersection of the road upon which the use fronts and an intersecting road. Any driveway serving as a point of ingress and egress shall have a width not to exceed thirty-six (36) feet 10 5 a: unless otherwise required by NCDOT. 3. For purposes of determining the allowable number of ingress and egress points on any particular lot, all lots recorded at the effective date of this Ordinance shall be granted at least one ingress and egress point per road front unless access can be provided internally. If any subdivision of land occurs after the effective date of this Ordinance, the number of ingress and egress points shall be determined based on the linear road frontage the tract contained prior to such subdivision. For instance, if a tract of land contained 1,300 feet of road frontage and, subsequent to the adoption of this Ordinance, were subdivided into three lots, only two points of ingress and egress serving the three lots would be allowed. 4. The creation of off-set driveways and/or intersections is not permitted, unless no practical alternative exists. 5. All driveway entrances with direct access onto a thoroughfare that lies within an RPO and which must have an approved NCDOT driveway permit must be paved to NCDOT standards from the edge of the existing roadway pavement to the existing right-of-way limit on the interior of the property. 6. All parking areas must be located in the rear and/or side yard and must be connected to adjacent parking areas where feasible. *, Signs. One free-standing-identifieation_monument sign per lot (or multi-tenant development) shall be allowed. The maximum height of a free-standing monument sign shall be fifteen 45} six (6) feet. The maximum area of all free-standing monument signs shall be seventy twe-+72) thirty-six (36) square feet unless a lower sign height and/or a smaller sign area is required for the underlying zoning district. In such case, the more stringent height and/or size requirements shall apply. In the event that a parcel has frontage on more than one public road en-identifieation a monument sign shall be permitted for each road frontage The maximum area for each additional sign shall be fifty-(5) thirty-six (36) square feet. All additional signs shall meet the standards listed above concerning height and underlying district requirements. Furthermore, wall signage will be allowed and shall not exceed +00 thirty-six (36) square feet. All free-standing monument signs must be at least ten (10) feet from the right-of way line. 3. All signs shall be constructed to the standards of Section 3108 of the North Carolina Building Code and shall be tastefully done. They shall be maintained in safe condition, free from deterioration. missing parts, and peeling paint. 4. Billboard signs, off-premise advertising signs, temporary signs (including real estate signs), portable signs, and moveable signs are prohibited. G. H. Outdoor Lighting Standards. Outdoor lighting shall not exceed 6-f>ot-candles, measured at ground level at any point within the property, and shall be installed in such a manner that the source of light (the bulb) is shielded and not visible from adjacent roadways. All lighting shall be directed inward in such a manner so as not to produce glare onto adjacent property and so that the primary cone of illumination does not extend beyond the property lines. Landscaping. Any chain link or similar fencing visible from the street must be screened at least ninety (90) percent opaque from the ground to a height of at least six (6) feet as per Section 11 12.1 of the Iredell County Zoning Ordinance. ~ Commercial Parking lots must be screened from the roadway at least ninety (90) percent opaque from the ground to a height of at least four (4) feet as per Section 12.1. This provision may be omitted if it is accomplished by #1 above. a The parking lot shall also be landscaped with canopy trees as required by this section at the rate shown below. This requirement shall be initiated by the initial use or development of the property. Canopy trees shall be provided at a rate of one canopy tree for every 6 spaces. Required canopy trees shall be distributed throughout the parking area and shall be located within or adjacent to parking lots as tree islands, at the end of parking bays, inside medians or between rows of parking spaces. Canopy trees must be a minimum of eight (8) feet high and two (2) inches in diameter, measured six (6) inches above > grade at planting. When mature, a canopy tree should be at least forty (40) feet high and have a minimum crown width of thirty (30) feet. A list of appropriate trees can be found in the section below. 4. A landscaped roadway yard shall be provided by each use subject to this requirement. The requirement for a landscaped roadway yard shall be initiated by the occurrence of the same activities as set forth in Section 12.1. A landscaped roadway yard is a landscaped area parallel to the public roadway designed to provide continuity of vegetation along the right-of-way and a pleasing view from the road. The landscaped area shall be penetrated only by driveways and crosswalks. The minimum width of the roadway yard shall be fifteen (15) feet measured from and parallel to the public road right-of-way or future right-of-way as designated by the Iredell County Thoroughfare Plan, whichever is most restrictive. I¢-sheH-be-landseaped-end-maintained-with-@ - It shall be landscaped and maintained with a combination of trees and shrubs, consisting of a minimum of one (1) tree and ten (10) shrubs for each fifty (50) feet. The following is a sample list of recommended trees by common name. Red Maple White Pine Pecan Sycamore Deodar Cedar White Oak White Spruce Pin Oak American Holly Post Oak Black Locust American Linden Red Mulberry American Elm The following is a sample list of recommended shrubs by common name. American Boxwood Common Juniper Carolina Allspice Nandina Flowering Quince Azalea Hedge Cotoneaster Mapleleaf Viburnum Japanese Holly Sargents Chinese Juniper Japanese Barberry Common Laurelcherry Purple Beautyberry Fragrant Sumac Architectural Recommendations 1. General Recommendation 1eral Recommendation a. At least 70% of the street level frontages shall be in w:ndows or doorways. Street level windows shall be visually permeable. Mirrored glass is not permitted in an location. Faux or display casements are not permitted in lieu of exterior window treatments for the frontage elevation. b. No frontage wall shall remain unpierced by a window or functional general access doorway for more than sixteen (16) feet. c. The principle, functional doorway for public or direct-entry access into a building shall be from the fronting street. Corner entrances shall be provided on corner lot buildings. d. Decorative cornices shall be provided for buildings with a flat roof. Alternatively. eaves shall be provided with a pitched roof. e. A building canopy, awning, or similar weather protection may be provided and should project 3.5 feet from the facade. 2. Materials a. Commercial building walls shall be brick, cast concrete, stucco, stone, marble, or other materials similar in appearance and durability. Regular or decorative concrete block may be used on building walls not visible from a public street or as an accent material only. All accessory buildings shall be clad in materials similar in appearance to the principle structure. b. Pitched roofs shall be clad in wood shingles, standing seam metal, corrugated metal, slate, diamond tab asphalt shingles, or similar material. c. Signs on the insides of glazed openings may be neon. 3. Configurations a. All visibly exposed facades shall have a recognizable base course, which shall align with the sill level of the first story consisting of, but not limited to, thicker walls. ledges or sills: integrally textured materials such as stone or other masonry: integrally colored and patterned materials such as smooth finished stone or tile, lighter or darker colored materials, mullions, or panels: and/or planters. b. All visibly exposed facades shall have a recognizable top consisting of, but not limited to, cornice treatments, other than just colored stripes or bands, with integrally textured materials such as stone or other masonry or differently colored materials, sloping roof with overhangs and brackets, stepped parapets, and/or a cornice which shall terminate or cap the top of the building wall. c. Two wall materials may be combined horizontally on one facade. The heavier material should be below. d. Skylights shall be flat (non-bubble). 4. Techniques a. Stucco shall be float finish. b. Windows shall be set to the inside of the building face wall. c. All rooftop equipment shall be enclosed in the building material that matches the structure or is visually compatible with the structure. CONSENT AGENDA MOTION by Commissioner Williams to approve the following 12 consent agenda items. VOTING: Ayes — 5; Nays - 0 1. Discussion and/or Approval of a Small Area Plan for South Iredell: The board gave approval for the planning department to proceed with a small area plan for a southeastern section of the county. (Major road areas to be included in the plan are: Transco, Langtree, Mecklenburg Highway, Midway Lake, Faith, Presbyterian, and Shearer’s Road.) 2. Discussion and/or Approval of the County’s Priority Listing for the North Carolina Transportation Improvement Program (TIP): No changes were requested for the TIP listing. Planning Supervisor Smith will represent the county at the October 16, 2002, TIP comment session in Hiddenite, North Carolina. 3. Presentation and/or Approval of a Request from the Mooresville Graded School District in Reference to the Purchase of Land for a new Intermediate School: Approval was given to the Mooresville School officials to proceed with the purchase of property for the construction of a 750-800 student intermediate school. Additional information is as follows. 13 - 32.49 acres of land to be purchased between Highways 150 and 152 at Wiggins Road - Purchase price is $825,000 ($25,392 per acre) - Funding: 2000 County Appropriation $586,764 Interest earned 61,271 MGSD Long-Range Reserve Fund 176,965 Total $825,000 - Current owners: Thomas & Diana Dempsey, Arlington, VA - Projected completion is in 2005 - The new school is listed as Priority #1 in the 2002 Mooresville Graded School District’s Long-Range Facilities Plan 4. Request for Approval of a Resolution Authorizing the Exchange of the County’s Parker Boat for a Wellcraft Boat: The following resolution describes this exchange. Resolution Authorizing Exchange of Personal Property WHEREAS, Iredell County owns a 25’ Parker boat valued at $16,000; and WHEREAS, Mr. Jeff Lancaster owns a 24’ Wellcraft boat valued at $27,420; and WHEREAS, the County and Mr. Lancaster wish to make an even exchange for the two described boats; and WHEREAS, North Carolina General Statute 160A-271 authorizes the County to make such an exchange if authorized by the Board of Commissioners by a resolution adopted at a regular meeting of the Board upon at least ten days public notice; and WHEREAS, the County has given the required public notice, and the Board is convened at a regular meeting. THEREFORE, the Board of Commissioners of Iredell County resolves that: 1. The exchange of properties described above is authorized. 2. The appropriate county officials are directed to execute the appropriate instruments necessary to carry out the exchange. This the 1" day of October, 2002. ** * * 3. Request for Approval of the North Carolina Rural Fire District’s Report of Fire Conditions/Local Firemen’s Relief Fund for 2002: The following individuals were approved as Firemen’s Relief Fund Trustees for the 14 volunteer fire departments. North Carolina Rural Fire District Report of Fire Conditions Local Firemen’s Relief Fund 2002 Department #3 #4 B&F/Troutman Joe E. Clodfelter R. J. Wilson, Jr. Central Nelson Cook Jim Reavis Cool Springs Ken Secrest Matthew Baity Ebenezer Wayne Smith Harry Frye Harmony Matt Baldwin Timothy Frye Lake Norman Edward A. Neel Mark Missler Monticello Wayne Mayberry Mary Summers Mt. Mourne Chris Goodrum Gary Craven Shepherds Kelly Robinson Donald McClain South Iredell Bruce Kennerly Dale Burgess Trinity Bill Little Kent Moore Union Grove Nolen Shoemaker Jody Hoots Wayside Richard Oldfield Kenneth Hall West Iredell John Byers Tommy McNeely 14 6. Request for Approval of a Proposed Budget for the Harmony Library: During the briefing, Library Messick shared a $159,970 budget for the Harmony Library. The line item amounts for the budget are as follows. 5100-02 Salaries & Wages-Regular $ 28,280 5125-01 FICA Taxes Expense 2,163 5125-02 Employee Group Health Insurance 8,880 5125-03 State Retirement & 401K 2,828 5315-00 Insurance & Bonds 2,474 5325-00 Maintenance & Repairs/Buildings 1,500 5325-01 Maintenance & Repairs 1,070 5340-00 Postage 475 5350-00 Departmental Supplies-Misc. 13,400 §350-12 Supplies-Library Materials 46,105 5355-00 Telephone 1,160 5362-00 Travel 799 5370-00 Utilities-Electricity & Water 2,250 5370-01 Utilities-Gas & Fuel Oil - 5375-04 Contracted Services-Janitorial 1,320 5375-08 Contracted Services — Other 5,730 5375-14 Contracted Services — Software 920 6200-00 Non-Depreciable Assets 40,615 $159,970 Also, during the briefing, Messick said the Harmony library would be completed this month. He said the facility, however, would not be opened to the public until January of 2003. Mr. Messick said the branch head would be hired about two months prior to the opening, and the other employees would be hired later. 7. Consideration to Place on the October 15, 2002 Agenda a Resolution to Possibly Adopt the One-Half Cent Sales Tax to Become Effective December 1, 2002: (The purpose of this request was to ask permission to place a notice in the newspaper advising that the board would consider and possibly adopt a resolution to levy an additional one- half cent sales and use tax at the regular meeting scheduled on October 15, 2002.) 8. Request for the Consideration of a Private-Public Consortium Agreement with EnergyUnited Electric Membership Corporation & West Family Realty, LLC Regarding an Elevated Storage Tank: During the briefing, Economic Developer Jeff McKay, with the Greater Statesville Development Corporation, and the County Manager explained that this agreement would assist Millard Refrigeration, and any other industries desiring to locate near the former Polar Cold Storage facility located on Hwy. 64 west of Statesville, with a water system. The system would include a 1,000,000 gallon elevated storage water tank. Funds designated to pay for the tank are: Community Block Development Grant in the amount of $240,000, West Family Realty will transfer $100,000 in cash received as a loan from the Greater Statesville Committee of 100; $240,000 in cash received by West as a loan from EnergyUnited; $200,000 or “such larger sum as may be required to pay the low bidder from its own resources.” (In addition, McKay, said a $400,000 Rural Economic Development Grant would be used.) The consortium agreement stipulates that Iredell County will lease the tank to EnergyUnited for a term of 20 years. Tank maintenance during this period will be the responsibility of EnergyUnited. Revenues from the tank will belong to EnergyUnited. West Realty will repay the above mentioned loans by imposing an acreage fee on property to be sold in the future. 9. Request for Approval to Apply for a $400,000 Rusal Economic Development Center Grant (REDC) & Approval of Two Resolutions (Supplemental Grants Program and Minority Business Enterprise Percentage Goal): Economic Developer McKay said during the briefing that this grant would assist in the construction of the one million gallon elevated water tank (West Farm Water Tower). The county’s economic 15 development incentive of $112,800 approved on September 3, 2002, for Millard Refrigeration, will be used as a local match for the REDC grant. Adopted resolutions are as follows. AUTHORIZING RESOLUTION BY IREDELL COUNTY SUPPLEMENTAL GRANTS PROGRAM WHEREAS, the 1998 Critical Needs Bond Act has authorized the making of loans and grants to aid eligible units of government in financing the cost for construction of wastewater treatment works, wastewater collection systems, and water supply systems, water conservation projects; and WHEREAS, the Iredell County Board of Commissioners has a need for and intends to construct a one million gallon water tower to meet the fire and safety demands for the acquisition and expansion of an existing refrigeration company by Millard Refrigerated Services in Statesville, North Carolina. WHEREAS, the Iredell County Board of Commissioners intends to request grant assistance from the Supplemental Grants Program for the project. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OF IREDELL: That the Iredell County Board of Commissioners will arrange financing for all remaining costs of the project, if approved for a grant. That the Iredell County Board of Commissioners will provide for efficient operation and maintenance of the project on completion of construction thereof. That Joel Mashburn, County Manager, and successors so titled, is hereby authorized to execute and file an application on behalf of Iredell County with the North Carolina Rural Economic Development Center (Rural Center) for a grant to assist in the construction of the project described above. That Joel Mashburn, County Manager, and successors so titled, is hereby authorized and directed to furnish such information as the Rural Center may request in connection with such application or the project; to make the assurances as contained above; and to execute such other documents as may be required in connection with the application. That Joel Mashburn, County Manager, has substantially complied or will substantially comply with all federal, state and local laws, rules, regulations, and ordinances applicable to the project and to the grants pertaining thereto. Adopted this the 1“ day of October 2002, at Statesville, North Carolina. kkekkKK Authorizing Resolution by Iredell County Certification of Minority Business Enterprise (MBE) Percentage Goal WHEREAS, the Iredell County Board of Commissioners supports economic and community development and advertises for contracting. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COM®*iISSIONERS OF THE COUNTY OF IREDELL: That the Iredell County Board of Commissioners adopts the goal for participation by Minority Business Enterprises in accordance with G.S. 143-128-C. Adopted this the 1" day of October 2002 at Statesville, North Carolina. ** * * * 10. Request for Permission to Enter Into Purchase Contracts for Two Properties Near the Iredell County Library (Owners are Rebecca Weintraub/print shop parcels & Elizabeth King/Master Cleaners property): During the briefing, County Manager Mashburn said these properties were needed for the proposed construction of 16 the new library on Water Street. The Rebecca Weintraub property, located at 205 North Tradd Street, Statesville, NC (two parcels with PIN# 4744 06 3725) will cost $250,000. The Elizabeth E. King property located at 153 Water Street (PIN#4744 06 3685) will cost $80,000. 11. Request for Approval of an Adjustment to Permit Fees: Inspections Director Lynn Niblock explained during the briefing that on May 21, 2002, a rate adjustment was been approved for permits. The new fees became effective on July 1, 2002. Niblock said some general contractors purchased building permits prior to July 1, but did not obtain the electrical/plumbing/HVAC work until later. He mentioned that a fairness issue had been raised since many individuals had submitted their bids to the general contractor before the new rates were implemented. Niblock requested permission to adjust the charges for the projects that occurred during the fee transitional period. 12. Request for Approval to Reorganize the Emergency Services Offices: County Manager Mashburn said during the briefing that he was seeking to group departments providing similar types of services under one division. He said the restructuring would be especially helpful with the federal government’s emphasis on homeland security. Mashburn requested permission to position the following departments under the supervision of Tracy Jackson, the current EMS Director. The departments were: -EMS : Fire Marshal ! - Emergency Communications - Animal Control - Emergency Management Mr. Mashburn said Larry Dickerson had agreed to serve as an Emergency Management Consultant on an “as needed basis” ($10,000 will be annually budgeted). He said David Martin would oversee the Emergency Communications Office, and his position would be listed as a Grade 72 on the salary scale. In addition, he said Paul Webster, a Telecommunicator II, would assist Martin at the Communications Department. Mashburn said Jackson’s title would be Director of Emergency Services & Emergency Management, and his position would be listed as a Grade 80. (The salary grades for the Fire Marshal and the Animal Control Supervisor were not altered.) ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Centralina Workforce Development Board (1 announcement) Juvenile Crime Prevention Council (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Region F Aging Advisory Committee (1 alternate appointment): No nominations were submitted, and Chairman Tice moved) to postpone the appointment until the October 15 meeting. VOTING: Ayes — 5; Nays - 0 Nursing Home Advisory Committee (3 appointments): Commissioner Bowles nominated Charles & Sue Donaldson. No other nominations were submitted. Chairman Tice to appoint Mr. & Mrs. Donaldson by acclamation and to postpone the remaining appointment until the October 15 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (3 appointments): No nominations were submitted, and Chairman Tice moved to postpone the three appointments until the October 15 meeting. VOTING: Ayes — 5; Nays - 0. Personnel Advisory Committee (2 appointments): Commissioner Ray nominated Tina Robertson and Denise Feimster for reappointments on this committee. Chairman Tice moved) to close the nominations and appoint Robertson and Feimster by acclamation. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER’S REPORT: Mr. Mashburn said Tracy Jackson would give an update on the animal situation described by Mrs. Sara Nestler at the September 3 meeting. Update on Animals Located at the Davis Residence in Troutman, NC: Jackson reported that over 200 animals were found at the Davis home. He said 50 of the animals were dogs, and the remaining were cats. Mr. Jackson said that only 49 animals remained, and all of these had been vaccinated. Mr. Jackson said the animal control department knew of six other situations in the county were a large grouping (50 dogs or more) of animals was occurring. He said it was mostly dealers and animal collectors that owned this many animals. Commissioner Ray said there was a situation this week in a subdivision where three large Rottweilers escaped from their lot. She said that when the animals were apprehended, one of the owners said, “Iredell County has no leash law.” Mashburn said the county’s ordinance stipulated that animals had to be under the control of their owners. He said that “under control of the owner” meant at the owner’s residence, or anywhere else. Mashburn said that if animals were found away from their owner’s property, and not under control, citations were issued. He said there was also a provision pertaining to dangerous dogs. Mr. Mashburn said it sounded like the Rottweilers mentioned by Commissioner Ray were out of control. Commissioner Ray said it was her understanding that if animals were loose and on someone else’s property, that animal control had to witness the occurrence before anything could be done. Mashburn said this was correct. He said the property owners could obtain a warrant, but many times they did not desire to do this. An unidentified man in the audience said he knew of a “rescue outfit” that had 43 dogs in west Iredell. He complained about having to spend his own money to hire an attorney to remedy the situation, because the county did not have an ordinance or anything to address the problem. Another unidentified man said he had been bitten by three dogs. The man complained about the county not having a leash law. Chairman Tice requested that Mr. Jackson meet with the individuals and discuss the problems. She said Jackson could appear before the board again, if necessary. Scattered-Site Housing Allocation of $400,000: Mashburn said official notice had been received from the North Carolina Department of Commerce regarding the scattered-site housing allocation. He said the matter would be on the October 15 agenda for a decision regarding the grant acceptance. CLOSED SESSION: MOTION by Chairman Tice to enter into closed session at 9:35 p.m., for the purpose of discussing G.S. 143-318.11(a) (5) - property acquisition. VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 10:05 P.M.) 18 PURCHASE OF PROPERTY FROM KENNETH B. DARTY: MOTION by Commissioner Williams to accept Attorney Ken Darty’s offer to sell his property located at 149 East Water Street, Statesville, North Carolina, for $165,000 and to authorize the contract to purchase. VOTING: Ayes — 4; Nays — 1 (Bowles) ADJOURNMENT: MOTION by Chairman Tice at 10:06 p.m., to adjourn the meeting. NEXT MEETING: Tuesday, October 8, 2002, for a joint meeting with the Board of Social Services at 7:00 pm., in the Social Services Building/Conference Room, 349 North Center Street, Statesville, NC. VOTING: Ayes — 5; Nays — 0. , (} Approved: eprhun lx, gov rw na Nn (. 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" sj o" ai bee er "4SAM au} 0} peoy UUA ay WO Mel/ tar. rola wd pein Tay} = F JSP 9y} 0} peoy UUAHIIJ WO} MII/ IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES FOR THE JOINT MEETING WITH BOARD OF SOCIAL SERVICES TUESDAY, OCTOBER 8, 2002 The Iredell County Board of Commissioners met with the Board of Social Services on Tuesday, October 8, 2002, 7:00 p.m., at the Social Services Building located at 349 North Center Street, Statesville, NC. Commissioners Present: Chairman Sara Haire Tice Tommy E. Bowles Steve D. Johnson Absent: Vice Chairman Karen B. Ray R. Godfrey Williams (absent due to a scheduling conflict -- Fire Tax Board meeting) Social Services Board Members Present: Chairman Mac Lackey Bobbie Edmisten Hazel Harrington William Jones William Summers Staff: | County Manager Joel Mashburn Social Services Director Don Wall Finance Director Susan Blumenstein Social Work Program Administrator Lisa York Income Maintenance Administrator Lynn Deal Clerk to the Board Jean Moore Media: Michelle Harrison, Statesville Record & Landmark Jim Wrinn, Charlotte Observer/Iredell Neighbors Social Services Director Don Wall took the attendees on a tour of the three-story social services building that once served as a hospital. He mentioned that approximately 100 employees worked at the site. Wall said that due to the structure being too small, some employees were housed at the health building on Highway 21, and others were in leased space on Walnut Street. Lackey said the North Center Street building was out of State compliance in many areas. He said the noncompliance could result in fines, and he, along with the other social services board members, and staff, wanted a new building to be listed as the county’s next capital project. Mr. Lackey asked, “Is there anything we can do to jump start the process?” Mr. Wall said two feasibility and space needs studies had been completed in the past. He said the last study only addressed expansion at the North Center Street site. Wall said all of the employees needed to be under one roof and approximately 56,000 sq. ft. was needed. Mashburn said the North Center site was landlocked. He said the last proposal looked at constructing a stand-alone building adjacent to the main structure, but it was determined this would not eliminate the need for the other two sites. Mashburn said it wouldn’t put all of the employees under the same roof. Lackey said he felt a multi-level building was needed with sufficient parking. Chairman Tice said the commissioners, at one time, evaluated a lease arrangement versus the construction of a new facility. Blumenstein said it was revealed, when the lease arrangement was being studied, that new construction would result in a lower net cost than leasing. She said 53% of the interest would be reimbursed by the federal government for the construction costs. Blumenstein said that to maximize the federal reimbursements, the county needed to have all of the project’s components done in a specific timeline. Jones said he had been on the social services board for one year, and his concerns centered around liability issues. He said the county would have the current building as an asset, if a new facility were built. Commissioner Johnson said he recalled the county would recover the cost of a new building in 30 years. He stressed concerns, however, about the State’s past budgetary problems and the impact this has had on the county. He also questioned the State’s budgetary health in the future. Lackey asked about the county’s Eastside Drive property and the Bristol Road site. He asked which site the commissioners preferred for social services. Commissioner Johnson said the board had looked at the Bristol Drive property, in terms of a social services building, but this was before the county acquired the Eastside Drive property. Commissioner Bowles asked the social services board members if they had any problems with the Eastside Drive site. Lackey said no. He said it was a beautiful site. Mashburn said the county needed to have a usage plan devised for the social services building, if a new facility were built. He said that at one time, the feasibility of housing the Crossroads Behavioral Healthcare employees at the site was discussed; however, mental health programs were now being reorganized by the State. Mashburn said Crossroads might not need as much space in the future. Commissioner Bowles asked how imperative it was to have all the employees under one roof. Wall said that at present, with three different sites, it was difficult to administer the programs and staff. He said there were three different file rooms now, and two of them could be eliminated with a new facility. He also said there wouldn’t be a need for as many file clerks -- labor could be consolidated. Lackey said the clients were traveling to the North Center site not realizing the program they needed was at another location. He said it was frustrating for the clients. Commissioner Johnson asked how much money was needed for a new building. Mashburn said $5.6 million to $6 million plus. Mr. Mashburn said he thought the building would need to be at least two levels. Harrington said it was less expensive to build multi-level. Lackey asked where the social services department was on the list of capital priorities. Tice said the social services project was next -- after the library. Mashburn said that in a pay-as-you-go arrangement, the county would need to accumulate about $2 - $2.5 million a year. He said the library project was about paid off, with the exception of some funding for this year. Blumenstein said she would run some cost figures for a new building. In terms of financing, she said more school bonds would be issued next summer, and the county would get a better interest rate if a loan was pursued at that time. Commissioner Johnson said, “Let’s assume we place $2 million in a capital reserve fund and use a portion to service the debt. Are you (Mashburn) satisfied there are no other capital projects looming out there?” Mashburn said he was uncertain about the jail situation. He said that if the former prison site worked out, to house some of the inmates, another jail expansion might be forestalled. Commissioner Johnson said he would like to continue to place money in the capital reserve fund. Blumenstein said the county’s annual debt service would be lowered once the health building was paid off. She said that only one more payment of $453,000 was owed. Chairman Tice mentioned that interest rates were at an all-time low. Commissioner Bowles asked about using the current social services building, when vacant, for jail purposes. Mashburn said research would need to be done on all of the county’s needs. Summers, Harrington, Edmisten, and Jones stressed the need for a new facility. They said, “ The sooner, the better.” Jones said the economy had been bad, and the social services workload had increased. Commissioner Johnson asked the staff to pinpoint: (1) the square footage needed (2) the approximate cost (3) a financial recovery plan (4) aconcept for the usage of the present social services building on N. Center St. Commissioner Bowles said two new commissioners would soon join the board, and it would probably be a good idea to mention the space needs to them during their orientation. Social Services Chairman Lackey thanked everyone for attending, and he adjourned the meeting at 8:10 p.m. Approved: WOE tia 154 AV? lin (- JU 4 Clerk to the Board Y IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES OCTOBER 15, 2002 The Iredell County Board of Commissioners met in Regular Session on Tuesday, October 15, 2002, at 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. Present: Chairman Sara Haire Tice Vice Chairman Karen B. Ray Tommy E. Bowles Steve D. Johnson R. Godfrey Williams Staff Present: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, EMS Director Tracy Jackson, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice. INVOCATION by Commissioner Johnson. PLEDGE OF ALLEGIANCE TO THE FLAG: The pledge was led by Boy Scout Troop 174 of Troutman, NC. The scouts attending were: Daniel Knox, Amos London, Edward Haley, Ryan Sherrill, Matt Joyner, Casey Hoover, and Kyle Brome. The scout leaders accompanying the boys were: Dennis Hoover, Tom Sherrill, Harold Haley, and Mark London. ADJUSTMENTS OF THE AGENDA: [MOTION by Chairman Tice to adjust the agenda by: Deletions: -Request from the Shepherd’s Volunteer Fire Department to Either Drawdown Fund Balance or to be Given Permission to Borrow Additional Funds for the Completion of a new Building Additions: -Request for Approval to Waive Tipping Fees when the County Demolishes Structures near the Current Library and Debris Fees Associated with the Renovations of the Iredell County Government Center-South ‘Request for Approval of Budget Amendment #14 for the Recognition of a $10,000 Grant from the State for the Harmony Library and County Funding of $150,000 VOTING: Ayes — 5; Nays - 9. RECOGNITION OF LARRY DICKERSON: Larry Dickerson, the county’s former Director of Emergency Communications and Emergency Management, retired on September 30, 2002. Chairman Tice presented Dickerson with a plaque and thanked him for his many years of service. Tice also thanked Dickerson for agreeing to remain as the county’s emergency management consultant on an “as needed basis.” County Manager Joel Mashburn presented an “Order of the Long Leaf Pine” award to Mr. Dickerson. Mashburn said the award was presented to individuals who had a proven record of service to the State of North Carolina. Dickerson, an employee of the county since 1973, was accompanied to the meeting by his wife, Cynthia. PRESENTATION OF THE TAXPAYER FRIEND AWARD FROM MR. BUDDY HEMRIC, A REPRESENTATIVE OF THE IREDELL CITIZENS FOR INTEGRITY ORGANIZATION: _Hemric presented the 2002 Taxpayer Friend Award to Commissioner Steve Johnson. CONSENT AGENDA MOTION by Commissioner Johnson to approve the following ten (10) consent agenda items. VOTING: Ayes — 5; Nays — 0 l. REQUEST FOR APPROVAL TO ALLOW THE COUNTY TO BE USED AS A_ PASS-THROUGH FOR CRIMINAL JUSTICE PARTNERSHIP PROGRAM (CJPP) FUNDS ($91,447) FOR THE IREDELL RESOURCE CENTER, ALONG WITH A REQUEST FOR THE APPROVAL OF BUDGET AMENDMENT #11A & APPROVAL OF A CONTRACT WITH APPROPRIATE PUNISHMENT OPTIONS TO ADMINISTER THE RESOURCE FACILITY: During the briefing, Appropriate Punishment Options Director Pam Navey said the State was now referring to the CJPP facilities as resource centers instead of day reporting centers. She said funding of $91,447 had been awarded to the county’s resource center for the next nine months. a REQUEST FOR APPROVAL OF A RESOLUTION AUTHORIZING THE TRANSPORTATION DIRECTOR TO COMPLETE AN APPLICATION FOR THE FY = 2004 COMMUNITY TRANSPORTATION PROGRAM & CALL FOR A PUBLIC HEARING ON MONDAY, NOVEMBER 4, 2002 AT 7:00 P.M.: Transportation Director Ben Garrison appeared before the board during the briefing and requested approval of the following resolution. Community Transportation Program Resolution WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for administering federal and state public transportation funds; and WHEREAS, the North Carolina Department of Transportation will apply for a grant from the U.S. Department of Transportation, Federal Transit Administration and will receive funds from the North Carolina General Assembly to provide assistance for rural public transportation projects; and WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the provision of rural public transportation services consistent with the policy requirements for planning, community and agency involvement, service design, service alternatives, training and conference participation, reporting and other requirements (drug and alcohol testing policy and program, disadvantaged business enterprise program, and fully allocated costs analysis); and WHEREAS, Iredell County hereby assures and certifies that it will comply with the federal and State statutes, regulations, executive orders, Section 5333 (b) Warranty, and all administrative requirements which relates to the applications made to and grants received from the Federal Transit Administration, as well as the provisions of Section 1001 of Title 18, U.S.C. NOW, THEREFORE, be it resolved that the Transportation Director for the Iredell County Board of Commissioners is hereby authorized to submit a grant application for federal and state funding, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide rural public transportation services. kkeKeEKS* nN 3. REQUEST FROM THE SOCIAL SERVICES DEPARTMENT FOR APPROVAL OF THE WORK FIRST PLAN (ELECTING COUNTY) FOR FY 2003-2005: Social Services Director Don Wall, Social Services Income Maintenance Administrator Lynn Deal, and Social Work Supervisor Linda Bledsoe explained during the briefing that the Welfare Reform Committee had met and drafted the Work First Plan. Bledsoe said the following two revisions had been made to the previous plan. a. Exemption from the Work Requirements Caretaker of a child less than three months is not subject to Work First Employment Services. This is a three month lifetime exemption. (The present exemption is for 12 months.) b. Employment Services There will be a 40-hour weekly employment activity instead of the present 35- hour requirement. (During the briefing, Commissioner Johnson said the revisions had been unanimously approved by the Welfare Reform committee.) 4. REQUEST FOR APPROVAL OF BUDGET AMENDMENT #12 IN RECOGNITION OF $50,000 RECEIVED FROM THE DUKE ENDOWMENT AS A PASS-THROUGH GRANT TO THE IREDELL PARTNERSHIP FOR YOUNG CHILDREN: A letter received from the Duke Endowment advised that $50,000 had been awarded for second-year funding of a three-year grant for child-care services. Social Services Director Wall advised during the briefing that no county funds were involved in the grant award. $. REQUEST FOR APPROVAL OF THE SEPTEMBER REFUNDS & RELEASES: The following refunds and releases were approved. Breakdown of Releases: $196,907.93 County $ 126,204.43 Solid Waste Fees 1,028.00 East Alexander County Fire #1 48.41 Shepherd’s Fire #2 464.32 Mt. Mourne Fire #3 320.60 All County Fire #4 6,725.87 Statesville City 5,360.60 Statesville Downtown 57.60 Mooresville Town 47,858.48 Mooresville Downtown 0 Mooresville School 8,200.53 Love Valley 0 Harmony 33.11 Troutman 605.98 Breakdown of Refunds: $ 67,850.01 County 1,698.11 Solid Waste Fees 0 East Alexander County Fire #1 0 Shepherd’s Fire #2 15.57 Mt. Mourne Fire #3 19.31 All County Fire #4 2,883.83 Statesville City 62,855.75 Statesville Downtown 0 Mooresville Town 282.51 Mooresville Downtown 0 Mooresville School 94.93 Love Valley 0 Harmony 0 Troutman 0 6. REQUEST FOR APPROVAL OF THE CERTIFICATION OF INTEREST INVOLVING THE $400,000.00 AWARD FROM THE NORTH CAROLINA DEPARTMENT OF COMMERCE/DIVISION OF COMMUNITY ASSISTANCE FOR THE 2003 SCATTERED SITE HOUSING PROGRAM: County Manager Mashburn said during the briefing that the non-competitive scattered site housing funds were distributed every three years, and a third of the State’s counties were selected each year. He said the focus of the program was to improve the homes of low-income families. Mashburn said the only decision that was needed at the present time was a determination on whether or not the county wanted to participate in the program. He said a starter grant of $10,000 was available, and it was permissible for the county to contract with another organization to handle the administrative work. 7. REQUEST FOR APPROVAL OF AN INTER-LOCAL GOVERNMENT AGREEMENT BETWEEN THE COUNTY AND THE CITY OF STATESVILLE REGARDING THE NEW IREDELL COUNTY LIBRARY TC BE LOCATED IN THE DOWNTOWN STATESVILLE TAX DISTRICT & APPROVAL OF THE AMENDED CAPITAL PROJECT ORDINANCE ALONG WITH BUDGET AMENDMENT #13: The inter-local agreement was approved, contingent upon the county receiving the $1,000,000.00 from the City of Statesville stipulated in the document, along with the other contributions cited by Statesville Mayor John Marshall at the commissioners’ meeting held on August 6, 2002 (patron pledges of $200,000 and $75,000, along with a brick donation estimated to be worth $50,000). The revised Capital Project Ordinance is as follows. Iredell County, North Carolina Amended Capital Project Ordinance Iredell County Public Library Be it Ordained by the Board of County Commissioners of Iredell County, North Carolina: Section 1. Funds for this Capital Project Fund will be provided from the following source: City of Statesville Contribution 1,000,000 Transfers from Capital Reserve Fund 5,377,682 $_6,377,682 Section 2. The following costs for the design, construction, and furnishing of the Iredell County Public Library are to be financed by this fund: Design, Engineering & Other Costs 344,700 Property Acquisition 495,000 Demolition & Land Preparation 75,000 General Construction 5,472,982 $_ 6,377,682 Section 3. This Capital Project Fund shall continue until the project is complete. Section 4. Payments from this Capital Project Fund shall be authorized by the County Manager or his designee. Section 5. Payments from the City of Statesville will be in accordance with the agreement between the City and Iredell County. Section 6. County funds remaining in this Capital Project Fund, after completion of the construction project, will be transferred back to the Capital Reserve Fund. This amended ordinance being effective October 15, 2002. x*** * * 8. REQUEST FOR APPROVAL OF THE SEPTEMBER 17, 2002 MINUTES, THE SEPTEMBER 23, 2002 MINUTES, THE OCTOBER 1, 2002 MINUTES, AND THE OCTOBER 8, 2002 MINUTES 9. REQUEST FOR APPROVAL TO WAIVE THE TIPPING FEES WHEN THE COUNTY DEMOLISHES STRUCTURES NEAR THE CURRENT LIBRARY AND THE DEBRIS FEES ASSOCIATED WITH THE RENOVATIONS OF THE IREDELL COUNTY GOVERNMENT CENTER-SOUTH: During the briefing, County Manager Mashburn said three properties at the corner of Tradd and Water Street had been purchased to offer additional parking for the new library. He said several structures would need to be demolished, and he was recommending that the solid waste demolition fee be waived for the debris materials. In addition, he mentioned that debris would be accumulated from the Iredell County Government Center renovations in Mooresville, and he recommended a waiver for these materials also. 10. REQUEST FOR APPROVAL OF BUDGET AMENDMENT #14 FOR THE RECOGNITION OF A $10,000 GRANT FROM THE STATE FOR THE HARMONY LIBRARY AND COUNTY FUNDING OF $150,000: On October 1, 2002, Library Director Steve Messick presented a $159,970 Harmony Library budget. The budget was approved, and this amendment will recognize the $160,000 ($10,000 in Library Services and Construction Act (LSCA) funds and $150,000 in county funding). END OF CONSENT AGENDA----------------------- REQUEST FOR THE CONSIDERATION OF A RESOLUTION TO LEVY THE THIRD ONE-HALF CENT SALES TAX TO BECOME EFFECTIVE DECEMBER 1, 2002: County Manager Mashburn said the present session of the General Assembly voted to authorize local governments permission to implement a one-half cent sales tax. He said an acceleration in the implementation time had occurred due to the State “going back on a commitment pertaining to reimbursements to local governments.” Mashburn said that in the past, the county had been receiving nearly $3 million from the State. He continued by saying that in addition to this lost revenue, the State would be withholding $1 million in Public School Capital Projects funding. Mr. Mashburn said that if the county did not approve the sales tax resolution, the municipalities would be ineligible for the additional half cent increase. He said that if the sales tax rate were increased, the projected sales tax revenue for the municipalities and county, if implemented as of December 1 would be: Iredell County $2,474,781 Harmony 11,109 Love Valley 878 Mooresville 371,986 Statesville 472,734 Troutman S . Sate Commissioner Johnson asked if the $700,000 that had been set aside in a reserve fund for the schools would be reinstated. Mashburn said yes. He said that due to the State not releasing the county’s reimbursements, the FY 2002-03 budget had been balanced by borrowing $2,351,216 from the Solid Waste Escrow fund for Closure & Post- Closure Costs and by retaining $761,904 in a reserve fund for school current expense. MOTION by Commissioner Williams, with reservations, to adopt the Resolution to Levy the Third One-Half Cent Sales Tax, as Proposed by the North Carolina General Assembly, to become effective December 1, 2002. Commissioner Johnson said he had recently observed Governor Easley’s “propagandists” saying the Governor had no choice but to withhold the reimbursements due to the fact that he (Governor) was compelled by law to balance the budget. Johnson said the “no choice” statements were “baseless” and showed “no semblance of fact.”” He continued by saying: Fact 1: The Governor has had several choices, and at each juncture he has made the wrong choice. Jim Hunt has left the Governor's office twice, and each time the State has been in a budget deficit. Easley knew this when he took office. There was a deficit of between $2 to $4 million. During the winter the deficit grew, but the State was using optimistic economic forecasts when numerous economists had agreed the State was in an economic slowdown. Easley did not listen to the forecasters, instead he continued spending by pushing new programs and services. The budget deficit grew reaching over a billion dollars. Easley then raised taxes. When you raise taxes it reduces people's disposable + income, they have less money -- fewer jobs are created, profits are less, and it makes the economic turndown worse. Corporate income taxes are now the highest in the southeast. Easley raised the marginal personal income tax, and it’s now the highest in the southeast. Now, we will have the highest sales tax in the southeast, with the exclusion of Tennessee which has no personal income taxes. Easley had choices, but he made the wrong choices. As a percent of income in the southeast, North Carolina ranks number one. As a percent of the gross disposable product in the State, we rank number one in the percentage of wealth confiscated in the form of corporate income taxes. The State budget office said that the budget decisions in Raleigh to confiscate money that was due to the cities and counties would force local governments to raise property taxes, statewide, by $60 million. That is a statement from the State budget office. After the Governor confiscated the money, he continued by creating new programs. When the legislative leaders in his own party expressed concerns about the new programs in a tight budget year, the Governor threatened to veto the budget if it did not include his expansion part. The law makers made cuts to prisons, public health, and other departments to raise some of the money. The State budget office then used $6 million in non-recurring money to fund expenditures likely to continue next year. How will the budget be balanced next year? It’s apparent the Governor is not finished raising taxes. Contrary to what the Governor says, he has cut education funding. Here in Iredell County over $900,000 has been cut by the State for education. New educational programs are being mandated by the State, but the State is only funding one half of the portion. About $3 million was owed to the county, and the Governor neglected to pay his bill. He chose to spend the money on something else. Statesville, Mooresville, Troutman, Harmony, and Love Valley did not get the money owed to them. The Governor also took $1 million in Medicaid costs, that was previously paid by the State, and put the funding burden on the county and its taxpayers. Fact 2: Hard times have hii everywhere except in the Governor's office. As of June 4 in the Governor's office, there were 65 employees. The senior assistant for government affairs is paid an annual salary of $139,625, the senior assistant for policy/egal matters is paid $139,000, eight other members have salaries ranging from $83,000 to $119,000. There is an executive assistant to the First Lady, who teaches at North Carolina Central University, and this person makes $48,000. A Hispanic-Latin Liaison is paid $75,625 each year, and a food director is paid $51,995. The salaries for the guards and chauffeurs are not included. These salaries appeared in the Dunn Daily Record. Johnson said it was not his desire to pass the sales tax resolution, but the county taxpayers would be faced with a property tax increase otherwise. (AMENDMENT TO THE MOTION: Commissioner Bowles made an amendment to Commissioner Williams’ motion. The amendment was: That the sales tax replace the amount budgeted as a loan from Solid Waste with the difference to be appropriated to the schools. Commissioner Williams agreed to the amendment. Chairman Tice said the sales tax was the lesser of two evils (property tax increase versus a sales tax increase) and that Iredell’s budget problems were the same as the other 99 counties in the State. Mrs. Tice said the situation had not occurred by any action of the board of commissioners, and many citizens had indicated they preferred a sales tax increase over a property tax increase. AMENDMENT VOTING: Ayes — 4; Nays — 1 (Ray) Commissioner Ray said she was totally sympathetic to the commissioners and the dilemma created by Governor Easley by not reimbursing the local governments. Ray stated she had been elected to serve in the North Carolina General Assembly, as a member of the House of Representatives, and she planned to do her part to ensure that local governments and boards of commissioners were not caught in this type of situation in the future. The adopted sales tax resolution is as follows. County of Iredell The State of North Carolina RESOLUTION LEVYING THE THIRD ONE-HALF CENT (1/2¢) LOCAL GOVERNMENT SALES AND USE TAX AND PRESCRIBING THE METHOD OF DISTRIBUTION OF THE PROCEEDS WITHIN IREDELL COUNTY WHEREAS, the General Assembly has authorized the Iredell County Board of Commissioners to levy a one-half percent (1/2%) local sales and use tax by enacting N.C.G.S. 105-517(b) in Section 34.14(a) of Session Law 2001-424, as amended by S.L. 2002-123, “An Act to Accelerate the Additional One-half Cent (1/2¢) Local Option Sales and Use Tax and to Make Conforming and Technical Changes;" and WHEREAS, the Iredell County Board of Commissioners gave proper public notice of the Board's intent to consider this resolution, as required by Section 10 of S.L. 2002-123; and WHEREAS, Iredeil County has lost $2,962,940.00 in funds made available by the State of North Carolina to replace revenue lost because of legislative action: (1) to repeal sales taxes imposed on purchases made with Food Stamps; (2) to repeal property taxes imposed on inventories held by manufacturers, retailers and wholesalers; (3) to repeal taxes on intangible personal property; and (4) to reduce taxes levied on residential property owned by low-income elderly taxpayers, and WHEREAS, the Iredell County Board of Commissioners hereby finds that, particularly in light of the circumstances cited herein, the levy of "The Third One-Half Cent (1/2¢) Local Government Sales and Use Tax" is necessary to adequately finance the operations of the county and the cities and towns herein. NOW, THEREFORE, BE IT RESOLVED by the Iredell County Board of Commissioners that: (1) There is hereby imposed and levied within Iredell County the third one-half cent (1/2¢) Local Government Sales and Use Tax authorized by Section 34.14(a) of S.L. 2001-424, as amended by S.L. 2002-123, and codified as Article 44 of Chapter 105 of the General Statutes of North Carolina. The tax hereby imposed and levied shall apply to the same extent and be subject to the same limitations as are set forth in said S.L. 2001-424. (2) Collection of the tax by the North Carolina Secretary of Revenue, and liability therefore, shall begin and continue on and after the first day of December, 2002. (3) The net proceeds of the tax levied herein shall be distributed by the Secretary of Revenue to Iredell County as prescribed by N.C.G:S. 105-520. The amount distributed to Iredell County shall be divided among the county and the municipalities herein in accordance with the method by which the one percent (1%) sales and use tax levied in Iredell County, pursuant to Article 39 of General Statutes Chapter 105, are distributed. (4) This Resolution is effective upon its adoption, and a certified copy hereof shall be forwarded to the North Carolina Secretary of Revenue. Adopted this 15" day of October, 2002. ekkeek* APPOINTMENTS TO BOARDS & COMMISSIONS Region F Aging Advisory Committee (1 alternate appointment): No nominations were submitted, and Chairman Tice to postpone this appointment until the November 4 meeting. VOTING: Ayes - 5; Nays - 0 Nursing Home Advisory Committee (1 appointment): No nominations were submitted, and Chairman Tice moved) to postpone this appointment until the November 4 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (3 appointments): No nominations were submitted, and Chairman Tice moved to postpone the three appointments until the November 4 meeting. VOTING: Ayes — 5; Nays — 0. Centralina Workforce Development Board (1 appointment): No nominations were submitted, and Chairman Tice to postpone this appointment until the November 4 meeting. VOTING: Ayes — 5; Nays — 0. JUVENILE CRIME PREVENTION COUNCIL (1 appointment): Commissioner Bowles nominated Kevin Denny. No other nominations were submitted, and Chairman Tice moved to appoint Denny by acclamation. VOTING: Ayes — 5; Nays — 0. NEW BUSINESS ECONOMIC INCENTIVE CONTRACTS: Commissioner Johnson mentioned the recent Eaton Corporation (Aeroquip-Vickers) announcement of plans to close its manufacturing plant in Iredell County and relocate to Mexico. He said the industry had been awarded an incentive to locate here, but before the county could recover its investment, the company was closing. Mr. Johnson said he felt that before any future economic incentive agreements were approved, some guarantee should be given by the companies of their willingness to remain in the county for a certain period of time (eight to ten years). MOTION by Commissioner Johnson to instruct the staff to talk to the economic developers about incorporating language in the incentive agreements requiring the industries to remain in the county a specified period of time (eight years to ten years) in order to have an opportunity to gain the financial investment that Iredell County and the taxpayers made in the economic incentive packages. N VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER’S REPORT: County Manager Mashburn said: A written activity report had been distributed. Attorney Pope was in the process of preparing the closing documents on the library properties (Darty/Weintraub/King). The county was in the process of renovating a vacant structure near the solid waste department to house the transportation offices (Ben Garrison’s staff). Extra time will be needed on Monday, November 4 for the finance director to explain the refinancing of a portion of the 2000 Certificates of Participation (COPS). (It was recommended that the COPS presentation be held at 4 p.m., followed by the briefing at 5 p.m., and the regular meeting at 7 p.m.) ADJOURNMENT: [MOTION by Chairman Tice to adjourn the meeting at 8:00 p.m. NEXT MEETING: Monday, November 4, 2002, beginning at 4:00 p.m., followed by the 5:00 p.m. and 7:00 p.m. meetings in the Iredell County Government Center, 200 South Center Street, Statesville, NC. Approved: Pasa L 4 xb AY VOTING: Ayes — 5; Nays — 0. Fas a ( FA 4A 7eX Clerk to the Board 9 IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES OCTOBER 15, 2002 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, October 15, 2002, at 5:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. Present: Chairman Sara Haire Tice Vice Chairman Karen B. Ray Tommy E. Bowles Steve D. Johnson R. Godfrey Williams Staff Present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Social Services Director Don Wall, Income Maintenance Administrator Lynn Deal, Social Work Supervisor Linda Bledsoe, Transportation Director Ben Garrison, County Assessor Brent Weisner, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice. REQUEST FROM’ THE SHEPHERD’S VOLUNTEER FIRE DEPARTMENT (VFD) TO EITHER DRAWDOWN FUND BALANCE OR TO BE GIVEN PERMISSION TO BORROW ADDITIONAL FUNDS FOR THE COMPLETION OF A NEW BUILDING: Representing the Shepherds VFD were Don McClain, Jamie Barrier, Kelly Robinson, and Tim Conley. Mr. McClain said the new building’s electrical installation expenses were mistakenly omitted from the previous cost estimates. He presented a letter that included the following updated line item costs. P.S. West General Contractor $1,181,450.00 Change Orders for P.S. West 48,705.00 Overcash Electric 72,845.00 Estimated Change Orders with P.S. West 25,000.00 Cabinets, radio system, phone system, computer system, fire alarm system, sign, flagpole, fencing & landscaping 148,000.00 Furniture and appliances 107,000.00 Total Cost $1,583,000.00 (Note: On May 24, 2001, the new building was estimated to cost $1.2 million. The VFD, at that time, also discussed the purchase of a new truck costing $300,000.) McClain said the VFD needed $500,000 to complete the building. He said the VED’s lender (Public Capital Corporation in New Hampshire) was willing to maintain the same interest rate of 5.23 and add $500,000 to the department’s note, which would raise the payments to $60,110.24 without adjusting the term. McClain said the loan could also be extended to 15 years, and this would lower the payments to $44,316.56 per quarter. (The VFD currently is paying $41,760.83 per quarter.) Commissioner Williams asked the representatives how they would make a $60,000 payment. McClain said a tax increase would be necessary. He said there was also enough in a certificate of deposit to cover the difference. Robinson said the VFD had encountered numerous unexpected expenses, and that many of them, such as a fire extinguisher system, were required by law. Commissioner Ray asked if the VFD’s contractor didn’t know about the fire system requirements. McClain said the department didn’t use an architect. He said an engineer had assisted them in getting the building’s plans approved in Raleigh. Chairman Tice asked if the building was finished. McClain said about 95% of the work was done. He said parts of the interior and exterior still needed completion, e.g., cabinets, floor coverings, installation of the bay doors, and the pouring of concrete. Robinson said the area residents were anxious to use the building for community events. Commissioner Ray asked if any electrical work was included in the general contractor’s (P.S. West) estimate. McClain said no. He said the costs for Overcash Electrical were in a separate contract. Commissioner Bowles said he understood the new building was exceeding the budget by $200,000. He asked if the new truck cost $300,000. Robinson said yes. Commissioner Williams said he understood the note’s interest rate was 5.23 for ten and fifteen years. McClain said this was correct, and there were no pre-payment penalties. Commissioner Bowles asked what could be eliminated and still open up the building for the public’s use. McClain said he didn’t know. He said the kitchen needed to be finished so the fundraisers could be held. Commissioner Ray asked about the fencing. Robinson said there was only about 15 feet of fencing. McClain said the VFD desired to leave its fund balance intact. He said the department had been paying on the note for a year, so there would only be 14 years of payments left. Robinson asked about waiting until July and setting the tax rate at five cents. Bowles and Johnson expressed concerns. They both said some people had expressed concerns about the building being too “extravagant.” Robinson said the commissioners should tell the people that the fire department met on the second Monday of the month, and the public was invited to share their concems. Commissioner Ray asked about the type of furniture the VFD needed. McClain said furniture was needed for the entire building -- training room, dining room, kitchen, beds, office furniture and equipment (copy/fax machines). He apologized for the representatives’ appearance before the commissioners regarding the building’s needs, but he said, “We need to finish the project.” Commissioner Ray asked if the VED had drawn down all of its money. McClain said he was holding a $79,000 invoice. Robinson said the department had a truck for sale, and it should bring about $60,000. Several commissioners voiced concerns about making a decision regarding the building. County Manager Mashburn said that in the past, the lenders had requested a letter from the county stating there were no objections to the banking transactions. He said that unless the lender had to have something, he didn’t of anything the board of commissioners needed to do. Commissioner Ray said the presentation from the VFD representatives would be considered a status report. No action was taken by the board. JUVENILE CRIME PREVENTION COUNCIL (JCPC): Clerk to the Board Moore said the JCPC had been unsuccessful in locating an individual from a United Way or non-profit agency to serve on its board. Moore said Pat Reichart, a current JCPC member, was employed at a United Way agency (YMCA), and she was willing to represent the non-profit sector. Mrs. Moore asked if there were any objections for Reichart to represent non-profits, and none were voiced. REQUEST FOR THE CONSIDERATION OF A RESOLUTION TO LEVY THE THIRD ONE-HALF CENT SALES TAX TO BECOME EFFECTIVE DECEMBER 1, 2002: A brief discussion was held about the possibility of levying the third half cent sales tax, but the matter was not placed on the consent agenda. Finance Director Blumenstein said the $2.9 million referred to in the resolution did not include the withheld $330,000 in beer & wine money. She said Governor Easley had withheld these funds in 2001-02. A question was raised about any other revenues the State might withhold. Blumenstein said the beer and wine reimbursements were primarily all that was left. She said the budget approved by the General Assembly excluded about a $1 million for the Public School Building Capital fund, and the school systems would soon update the commissioners about their budgets. She said the county’s Medicaid costs had increased by 50% since 2001. ADJOURNMENT: Chairman Tice adjourned the briefing session at 6:40 p.m. / Approved: e. 4 bi R San C: Jiiv— ie Clerk to the Board Y IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES NOVEMBER 4, 2002 The Iredell County Board of Commissioners met in Regular Session on Monday, November 4, 2002, at 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. Present: Chairman Sara Haire Tice Vice Chairman Karen B. Ray Tommy E. Bowles Steve D. Johnson R. Godfrey Williams Staff Present: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice INVOCATION by Commissioner Bowles PLEDGE OF ALLEGIANCE TO THE FLAG ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to adjust the agenda by: Revisions: * The State-Granted Bonus Leave was discussed during the briefing and the board chose to approve Item I (Iredell County will match the pro rata portion of the bonus leave for the Cooperative Extension Service Employees) * The market and present use value schedules were received during the briefing session. Additions: * A public hearing was requested for November 19, 2002 regarding the Small Cities Community Development Block Grant * Closed Session for G.S. 143-318.11(a)(4) — Economic Development VOTING: Ayes — 5; Nays — 0 APPOINTMENT BEFORE THE BOARD Mr. Bill Brater and Mr. Hughes Alborte Discuss their Request for Financial Assistance Regarding the Relocation of the Master Cleaners Business Located at the Corner of Tradd and Water Street: Bill Brater said he previously owned the Master Cleaner’s business that operated out of a leased building on Water Street. He said that in September, the business was sold to Hughes Alborte. Mr. Brater continued by saying Alborte leased the building on a month-to-month basis, and the county had recently purchased the building. He said the county had offered to move the business to another location; however, the costs for the plumbing and electrical costs would severely impact Mr. Alborte’s financial condition. Brater asked for financial assistance due to the fact that he had inquired about the county’s plans to purchase the site prior to the sale to Alborte. County Manager Mashburn said that when Mr. Brater made his inquiry, the county had agreed to build the library on Meeting Street. He said, later, when the City of Statesville changed its offer regarding the new library, the county elected to build at the Water and Tradd Street location. Mashburn said the county had the staff and vehicles to move the dry-cleaning business, but it did not have the resources to reconnect the wiring and plumbing. Brater shared a plumbing quote of $19,500 to hook up the equipment at a new location (Troutman, N.C.). He also shared an electrical quote of $6,300. Chairman Tice asked if the assistance would be setting a precedent. Mashburn said the county had assisted some citizens when their homes were purchased for solid waste expansion. He said the county would not be setting a precedent, due to the circumstances involved in the Master Cleaner’s situation. Brater said he could contract with the plumbing and electrical companies, and then the county could reimburse him. Commissioner Bowles asked where the funds would come from, assuming the county assisted. Mashburn said they could be obtained from the library’s Capital Project Fund. MOTION by Commissioner Johnson to spend $25,800 out of the library’s Capital Project Fund, to help in the re-establishment of Mr. Alborte’s business in Troutman, N.C. VOTING: Ayes — 5; Nays — 0. PUBLIC HEARINGS Chairman Tice declared the meeting to be in a public hearing. Application for the FY 2004 Community Transportation Program: Ben Garrison, the County Transportation Director, said that for the past several years the State had been providing funds for transportation services. He said it was anticipated that $170,000 would be available for administrative funding and $285,000 for capital funds. Mr. Garrison said the capital funds would be used to replace eight vans. He requested permission to proceed with the application. No one else spoke, and Chairman Tice adjourned the hearing. MOTION by Commissioner Bowles to direct Garrison to proceed with the grant application for the 2004 Community Transportation Program. VOTING: Ayes — 5; Nays — 0. Chairman Tice declared the meeting to be in a public hearing. Small Cities Community Development Block Grant in the Amount of $240,000: Economic Developer Jeff McKay said the purpose of the hearing was to receive citizen comments on the proposed application for the Small Cities Community Development Block Grant / Economic Development Program. He said the grant funds of $240,000 would be used for infrastructure. Specifically, he said the funds would aid in the construction of a 750,000 gallon elevated water storage tank (West Farm Water Tower Project) that would provide fire protection for industries locating at a site in west Iredell. Commissioner Johnson said he understood the site where the tank was to be constructed was rather large, and several potential industries would benefit from the available source of water. McKay said this was correct. No one else spoke, and Chairman Tice adjourned the hearing. MOTION by Commissioner Ray to approve the filing of the Small Cities Community Development Block Grant application and to call for a second hearing on Tuesday, November 19, 2002, at 7:00 p.m. VOTING: Ayes — 5; Nays — 0. Chairman Tice declared the meeting to be in a public hearing. 5 Non-Owner Rezoning Request; Several Property Owners in the Jo Monni Loop Area, Case No. 0210-1, from Residential Agricultural to R-20, Single Family Residential District (Location: Jo Monni Loop off Little Farm Road in Statesville, NC): Planning Supervisor Smith said several property owners in the Jo Monni Loop area were requesting a rezoning from Residential Agricultural (RA) to R-20, Single Family Residential District. He said 78.72 acres were involved in the request, and 50 out of 52 (96%) owners had signed the petition. Mr. Smith said that in 1997, a 2000-acre tract was zoned R-20, and this acreage was adjacent to some of the land involved in the request. Smith said the staff recommended approval of the rezoning, and that on October 2, 2002, the planning board unanimously approved the request. Glenda Cook, the applicant for the request, said she had lived in the area for 23 years. She requested approval of the rezoning. Commissioner Bowles asked if the two property owners who did not sign the petition had been contacted. Cook said yes. She said one of the individuals (Mrs. Sherrill) owned a large tract of land, and this area was were the petition signers thought some rental units might be placed. Ms. Cook said the other individual owned a small lot and preferred not to sign due to his friendship with Mrs. Sherrill. No one else desired to speak, and Chairman Tice adjourned the hearing. IMOTION by Commissioner Williams to rezone the property involved in Case No. 0210-1 from Residential Agricultural to R-20, Single Family Residential District. VOTING: Ayes — 5; Nays - 0. Proposed Amendment to the Iredell County Zoning Ordinance; Section 10, Requirements for Off-Street Parking: Smith said the Brawley School Peninsula Small Area Plan was adopted in April, and one of the recommendations was to establish mixed- use types of development along Brawley School Road with shared parking and connections between adjacent properties. Mr. Smith said he was proposing an amendment to the zoning ordinance that would allow developers to choose between two types of cooperative parking styles. The two types were: i The first type would allow two or more adjacent property owners to share off-street parking spaces. The amendment would allow the parking area provided on any one lot to be reduced to not less than one-half of the number of required parking spaces for the use located on the parcel. nN The second type would allow for the joint use of the same parking spaces for uses operating at different times. Mr. Smith said a legally binding contract would have to be submitted to the zoning administrator in order to use either cooperative parking method. No one else desired to speak, and Chairman Tice adjourned the hearing. MOTION by Commissioner Johnson to approve the zoning ordinance amendment (Section 10.0.E) for Off-Street or Cooperative Parking. VOTING: Ayes — 5; Nays — 0. The amendment is written as follows. E. Cooperative Parking The sharing of off-street parking spaces may be provided where two or more uses share the same parking area. The parking area provided on any one lot may be reduced to not less than one-half (1/2) of the number of required parking spaces for the use located on the parcel. The end result is that the sum of the parking spaces for the uses computed cooperatively shall be the same or more than if the uses were computed separately. To the extent that developments wish to make joint use of the same parking spaces operating at different times, the same spaces may be credited to both uses. (For example, if a parking lot is used in connection with an office building on Monday through Friday but is generally 90% vacant on weekends, another development that operates only on weekends could be credited with 90% of the spaces on that lot. Or, if a church parking lot is generally occupied only to 50% of capacity on days other than Sunday, another development could make use of 50% of the church lot’s spaces on those other days.) In order to be credited with either of these cooperative parking mechanisms, a legally binding written contract between the parties (i.e., the party(ies) providing the cooperatively used parking and the party(ies) seeking to make use of the cooperative parking) shall first be submitted to the Zoning Administrator for his review and approval. Any zoning permit or certificate of occupancy issued for a use which is party to a cooperative parking agreement shall be valid (with regard to having satisfied the off-street parking requirements of this Ordinance) so long as the terms of the contract and the terms upon which the contract were predicated are maintained. If any uses change, a review of the site plan for both properties must be completed and approved before the new occupant may occupy the space to insure that the sites remain in compliance. Chairman Tice declared the meeting to be in a public hearing. Proposed Amendment to the Iredell County Zoning Ordinance; Article LX, Special Requirements SR2, Residential Cluster Development: Smith said the Brawley School Small Area Plan encouraged the clustering of residential developments. He said the cluster concept was an alternative design technique that allowed individual lots to be smaller than the minimum lot size in exchange for an equivalent amount of land to be preserved as permanent open space. Mr. Smith said the overall density of a cluster development was the same or potentially greater than a conventional subdivision. He said, however, the lots were spread over the land in a clustered pattern. Smith continued by saying the clustering helped to preserve the rural character of land and that it also helped to: mmoanr oP Preserve environmentally sensitive areas such as steep slopes and floodplains, Preserve large tracts suitable for agriculture; Maintain and enhance wildlife; Preserve and maintain historical and archaeological sites; Preserve scenic views; Provide recreational opportunities for residents; and Reduce the costs for infrastructure such as roads and waterlines within the developments due to the compact nature. No one else desired to speak, and Chairman Tice adjourned the hearing. MOTION by Commissioner Bowles to amend the zoning ordinance by including the cluster development-residential amendment. VOTING: Ayes — 5; Nays — 0. The amendment is written as follows. SR 2. Cluster Development, Residential Cluster developments shall have a minimum of five (5) acres and shall be developed in accordance with the following standards: A. Uses shall be limited to single-family detached, semi-detached, attached, and two family dwellings and related accessory uses as allowed in the underlying zoning district. B. Density 1. The maximum number of building lots or dwelling units shall not exceed that of the underlying zoning district and any other special or overlay requirements. The density is determined by dividing the total square feet in the parent tract, excluding street right-of-ways, by the minimum lot size requirement for the underlying zoning district. Cluster developments in watershed areas shall not exceed the allowed density or built upon area for the critical area, protected area or balance of watershed, whichever applies, as set forth in Section 303 of the Iredell County Watershed Protection Ordinance and shown in the table below. Maximum Density Watershed District (dwelling unit per acre) WS-II-BW One (1) dwelling unit per acre WS-II-BW One (1) dwelling unit per acre WS-IV-CA Two (2) dwelling units per acre Two (2) dwelling units per acre with curb and gutter; three (3) dwelling units per acre without curb and gutter WS-IV-PA C. Development Standards l. Nm The maximum potential number of lots that may be created shall be computed by subtracting twenty (20) percent of the gross area (as allowance for street right-of-way) and by dividing the remaining area by the minimum lot area requirements for the zoning district in which the development is located. This section shall apply regardless of the amount of land actually required for streets. Development in a Cluster Development shall be exempt from the minimum required lot width, lot size, front yard, side yard and rear yard requirements of the Schedule of District Regulations and from Section 3.1 and 3.2 relating to relationship of buildings to lots and access to streets provided that the following development standards are followed: a. Any residential lot with an on-site septic system shall meet the minimum lot size required by the underlying zoning district. If off-site facilities are utilized, this requirement shall be waived. b. Any cluster development which utilizes an off-site septic system shall provide to the Subdivision Administrator and the Iredell County Department of Environmental Health an “Off-Site Septic System Management and Maintenance Plan” which shall provide for the access, maintenance and upkeep of off-site systems. This plan shall be approved by the Environmental Health Department before the final subdivision plat is recorded. Upon approval the plan shall be recorded with the Register of Deeds at the same time as the subdivision plat. c. Septic easements shall not comprise more than fifty (50)-percent of open space. All easements shall be designated on or with the final plat and recorded showing the location of systems within the open space. d. A wall and roof maintenance easement (five feet along one-story walls, ten feet along two-story walls) shall be provided on the opposite side of the all zero setback lot line. oO Fire-resistant walls shall be constructed between dwellings less than three (3) feet apart. f. Cluster developments may include property across existing or proposed public streets provided that the property is directly adjoining. Existing public streets shall not count as part of the gross area of the project for determining density. g. Cluster developments in Iredell County shall provide a twenty-five (25) foot vegetative buffer setback around the development that can be counted towards the open space. Cluster development in the Catawba Lake Norman Water Supply Watershed Critical Area shall provide a seventy-five (75) foot vegetative buffer setback instead of the fifty (50) foot setback as required by Article VII, Section 7.0, footnote (g). D. Open Space E. i, w In all Cluster Developments at least thirty (30) percent of the area of the overall site shall be set aside and dedicated as permanent open space. This shall be land that is not contained in lots, in rights-of-way or parcels devoted to accommodating necessary roads and utilities, or in parcels reserved for future development. Such open spaces shall be conveyed to a homeowners association, public agency, nonprofit organization; or be placed in a permanent conservation or farmland preservation easement that is organized for, capable of, and willing to accept the responsibility for managing the open space for its intended purpose. In consideration of the purposes served by a cluster development, the title to such open space property shall be preserved to the perpetual benefit of the private properties in the development and shall be restricted against private ownership for any other purposes. If the organization desires, improvements may be made within the open space provided that the maximum coverage of each type of improvement shall not exceed the following: a. Aboveground improvements, three (3) percent of the open space. b. Level or below ground improvements, twenty (20) percent of the open space. Open space shall be dedicated or reserved for one or more of the following uses: a. Conservation of, and avoidance of development in, any readily identifiable natural hazard areas - i.e., areas that potentially pose a significant hazard to people or property (e.g., designated floodways, other perennially wet lands, and lands whose slope and/or soils make them particularly susceptible to erosion when disturbed by development activities); b. Conservation and protection of any identified significant natural areas (e.g., rare plant communities, important wildlife habitat) or other environmentally sensitive areas where development might threaten water quality or ecosystems (e.g., watershed buffers, groundwater recharge areas); oa Conservation and protection of any identified important historic resources (e.g. homesteads, mills, barns, archeological sites); d. Provision of active and/or passive outdoor recreation opportunities (¢.g., ballfields, playgrounds, tennis courts, swimming pools, basketball courts, golf courses, bikeways, walking trails, nature trails, and picnic areas), either for the general public or for the subdivision's residents or employees and their guests; or e. Retention of productive farmland or forestland for continued agricultural and/or forestry use. Public trust waters shall not count as common area. No more than fifty percent (50%) of common open space shall be covered by water or used for power line right- of-ways. Density Bonus 6 A density increase shall be permitted for the dedication of additional open space over the minimum requirement at a rate of one (1) building lot or dwelling unit for each acre of additional protected open space. Density bonuses are permitted provided that the following standards are met: 1. Water supply and sewage facilities to serve cluster developments shall be provided through one or more of the following methods: a. Connection to a water supply and/or sewage disposal system operated by a municipality, association, or water and sewer authority; b. Community water supply and/or sewer disposal system designed, constructed, and maintained in conformity with all applicable state, federal, and local regulations; c. Individual wells and septic tanks located in combination on each lot and in off-lot locations within undivided open space areas designated for such uses on the final plat, and protected through recorded easements; or d. Individual wells and septic tanks with the drain fields located in off-site septic drain fields in open space areas designated for such uses on the final plat, and protected through recorded easements. nN The property is not located in a designated watershed area. CONSENT AGENDA M OTION by Commissioner Johnson to approve the following thirteen consent agenda items. (Johnson said an increase in Register of Deeds’ revenues would offset the cost of the three new employees. Also, that no county funds were needed to increase the transportation director’s position from part-time to full-time.) VOTING: Ayes — 5; Nays — 0. 1. Request for Approval of Item #1 Regarding County Participation for State Granted Bonus Leave (This applies to Cooperative Extension Service Employees): Information about this item may be found in the briefing minutes. (In Item 1, the North Carolina State University asked if the county would match the pro rata portion of the State granted bonus leave, and the county agreed. The board did not, however, agree to accept bonus hours from employees transferring to the county from other agencies.) 2. Request from the Social Services Department for Permission to Conduct a Scholarship Fundraiser for the North Carolina Child Support Council (NCCSC) (The county has a policy stipulating that “no solicitation from any county employee by anyone representing any firm or cause will be permitted on county property without prior approval of the board of commissioners.” The social services child support employees were given permission to conduct a fundraiser for the NCCSC.) 3. Received for Information the Market Value Schedule of Values and Present Use Value Schedule of Values for the 2003 Revaluation and call for a Public Hearing on November 19, 2002 4. Request from the Register of Deeds for Reconsideration of an FY 2002-03 Budget Request for Additional Employees (two Deputy I Register of Deeds and one Administrative Secretary) Effective January 2, 2003 and Approval of Budget Amendment #14A: The budget amendment will recognize additional recording fees and appropriate the funds for the following three new employees. Grade __ Annual Salary Deputy I Register of Deeds 59 $21,504 Deputy I Register of Deeds 59 $21,504 Administrative Assistant 63 $24,624 5. Request from the Sheriff's Department for the Reclassification of a Jailer II Position Effective November 1, 2002: Rodney Goodin’s position as a Jailer II (Grade 63) was reclassified to a Jail Sergeant (Grade 67) effective November 1, 2002. 6. Request for the Creation of a Full-Time Transportation Director Position Effective January 2, 2003: County Manager Mashburn explained during the briefing session that Ben Garrison was working part-time for the county as the transportation director. | Mashburn said that due to the transportation services workload, he was recommending the creation of a full-time transportation director’s position, and the hiring of Ben Garrison at a Grade 74 ($52,000 per year). 7. Request for Approval of a Resolution Designating County Manager Joel Mashburn as the County’s Agent for the Filing of Applications for Hazard Mitigation Pian Grants from the Federal Emergency Management Agency: Mashburn was designated as the county’s agent and the following resolution was approved. Resolution Designation of Applicant's Agent Be it resolved by the board of commissioners of Iredell County that Joel Mashburn, County Manager, is hereby authorized to execute for and on behalf of Iredell County, a public entity established under the laws of the State of North Carolina, this application and to file it in the appropriate State office for the purpose of obtaining certain federal financial assistance under the Disaster Relief Act (Public Law 288, 93" Congress) or otherwise available from the President's Disaster Relief Fund. That Iredell County, a public entity established under the laws of the State of North Carolina, hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurance and agreements printed on the reverse side hereof. 8. Request for Approval of a Recommendation Regarding Harmony Library Public Funds ($250 Rule): During the briefing, Finance Director Blumenstein requested permission for the Harmony library to accumulate up to $250 before deposits were made, with a stipulation that a deposit be made at least on the last business day of the month. Blumenstein said all other county departments adhered to the daily deposit rule, but due to the Harmony library location, she was recommending a deviation in the policy. 9. Request for Approval of Budget Amendment #15 to Recognize the Reduction in Public School Building Capital Funds for the Mooresville Graded School District: Due to the North Carolina General Assembly excluding the annual appropriation of Public School Building Capital Funds from corporate income taxes, the Mooresville School System requested a reduction in its Capital Outlay Budget in the following areas. Design Phase of New School $ 77,335.00 Mobile Unit Set-up 22,645.00 County Bus Garage Addition 25,000.00 School Furniture & Equipment 15,000.00 Telephone System Replacement 15,000.00 $154,980.00 10. Request for Approval of a Resolution to Establish a Public Fund Checking Account for the Disbursement of Loan Proceeds for the Iredell County Government Center-South Project: Sara Haire Tice, Joel R. Mashburn, Susan G. Blumenstein and Suprrenna M. Tabor were authorized as signatories for the loan proceeds checking account. 11. Request for Approval of an Amendment to the Iredell County Government Center-South (ICGC-S) Capital Project Ordinance in Order to Allow the County Manager to Approve Expenditures from the Contingency Fund in Amounts not to Exceed $25,000 with a Requirement that all Expenditures be Reported at the Next Regularly Scheduled Meeting: During the agenda briefing, County Manager Mashburn said his original intent was to seek approval from the board for authorization to approve ICGC-S expenditures from the contingency fund in amounts not to exceed $20,500 (1.5% of the general contract); however, the first expenditure received was for $21,855. Support Services Director Vernon said the $21,855 charge was for asbestos abatement in the following areas: Transite panels in kitchen coolers TSI pipe insulation Small amounts of drywall joint compound Floor tile and/or glue (when the demolition crews removed the power-bonded carpet in the older section, the tile came up). weno & Mr. Vernon said the $21,855, plus the initial $67,600 spent for asbestos abatement, and the fire proofing removal costs on the fourth floor of $15,250, would bring the cost to $104,705. Mr. Vernon said the original estimate for asbestos abatement was $100,000. The board agreed to allow the manager to approve contingency expenses up to $25,000 with a stipulation that the board be informed of the expenditures at the next regularly scheduled meeting. The amended ordinance will read as follows. Amended Capital Project Ordinance Iredell County Government Services Building — South Section 1. This capital project fund shall finance the cost of planning, design, & construction of the Iredell County Government Center-South. Professional Fees $ 220,500 Asbestos Removal 67,600 Survey 27,000 General Construction 1,448,900 Contingency 113,350 Retire HMA Promissory Note 1,900,000 Closing Costs of Financing ___ 16,500 $__3,769,550 Section 2. Funds for this Capital Project Fund will be provided from the following sources: Financing Proceeds — Bank of America $ 3,510,000 Transfer from Capital Project Funds 150,000 Contribution — Town of Mooresville 100,000 Interest Earned on Construction Fund 9,550 $__3,769,550 Section 3. This Capital Project Fund shall continue until the project is complete. Section 4. Payments from this Capital Project Fund shall be authorized by the County Manager or his designee. Section 5. Upon completion of the construction project, all funds remaining in this Capital Project Fund shall be transferred back to the Capital Reserve Fund. Section 6. The county manager is authorized to approve expenditures from the Contingency line item in amounts not to exceed $25,000 with an expenditure report to the board at its next regularly scheduled meeting. * * * * 9 12. Request for Approval to Send a Letter to the North Carolina Department of Transportation Requesting the Installation of a Guard Rail at Amity Hill Road and Murdock Road: (A letter will be sent to the Department of Transportation’s District Engineer requesting the guard rail.) 13. Request for Approval of the October 15, 2002 Minutes anna nnn nn ne nnn nn nn nnn nnn nnn nnnnnnne= END OF CONSENT AGENDA ----------------------------- ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS I-CARE Inc., Board of Directors (1 announcement) Nursing Home Advisory Committee (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Region F Aging Advisory Committee (1 alternate appointment): No nominations were submitted, and Chairman Tice moved) to postpone this appointment until the November 19 meeting. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee (1 appointment): No nominations were submitted, and Chairman Tice oved to postpone this appointment until the November 19 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (3 appointments): No nominations were submitted, and Chairman Tice moved to postpone these three appointments until the November 19 meeting. VOTING: Ayes — 5; Nays — 0. Centralina Workforce Development Board (1 appointment): No nominations were submitted, and Chairman Tice moved to postpone this appointment until the November 19 meeting. VOTING: Ayes — 5; Nays — 0. CLOSED SESSION: MOTION by Chairman Tice to enter into closed session at 8:05 p.m. for the purpose of discussing an economic development matter — G.S. 143- 318.11(a) (4). VOTING: Ayes — 5; Nays — 0. RETURN TO OPEN SESSION AT 8:30 P.M. ADJOURNMENT: [MOTION by Chairman Tice to adjourn the meeting at 8:30 p.m. NEXT MEETING: Tuesday, November 19, 2002 at 5:00 p.m. and 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes — 5; Nays — 0. Approved: 4 Wirhys 19, Abo A- ys on f Miu Clerk to the Board 10 IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES NOVEMBER 4, 2002 The Iredell County Board of Commissioners met in Briefing Session on Monday, November 4, 2002, beginning at 4:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. Present: Chairman Sara Haire Tice Vice Chairman Karen B. Ray Tommy E. Bowles ' * Steve D. Johnson R. Godfrey Williams PRESENTATION REGARDING THE REFINANCING OF THE SERIES 1992 TERM CERTIFICATES IN THE AMOUNT OF $6,720,000 (current interest rate of 6.125%) AND POSSIBLY THE SERIES 2000 INSTALLMENT PAYMENT REVENUE BONDS (current interest rate of 5.66%) Staff Present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, and Clerk to the Board Jean Moore. Guests: Banc of America Securities representatives Robert Hobson and Edward Boyles along with Gene Cahalan with Efficient Capital Corporation. (Cahalen is a financial advisor.) Mrs. Blumenstein said the Series 1992 refunding could be done using a traditional method, and the savings could be substantial. She said, however, a refinancing of the Series 2000 bonds would be more complicated, and she could not at the present time encourage the county to proceed. Blumenstein said this was partly due to the county’s bond counsel in New York not being able to obtain an opinion from the tax attorney to go forward on the project. Mrs. Blumenstein said the Series 2000 refinancing would require what was known as a “synthetic refunding.” She said that due to additional information being needed about the refunding, the meeting would be considered for informational purposes rather than about a specific deal. She also said no county resources had been committed to the refunding. Hobson shared the following chart that compared the two types of refinancing methods for the Series 2000 bonds. aa | Series 2000 Traditional | Series 2000 “Synthetic” _| | Old Par | $17,440,000 | $17,440,000_| | Old Interest Rates __ 5.125% - 6.00% | 5.125% - 6.00% _ | Average Old Rate = 5.66% | en [New Par $20,085,000 $20,260,000 _| | New Interest Rates 1.72% - 4.92% | 3.45% (Swap Rate) | Average New Rate | 4.56% | 3.84 (Swap Rate plus Annual | Fees) nl | Annual Savings _ ($31,000) ae $62,000 Le | $368,046) | == 819,072 Net Present Value Savings-$ Cacccnerenetesserniasalieme FNet Present Value Savings % | _@.11%) es Mr. Hobson continued by saying a synthetic refunding would require the county to enter into a contract with the Bank of America and exchange a fixed rate payment in return for a floating rate. He said the transaction could be risky if the floating rate did not correlate to the actual rate being paid to the bondholders. Hobson said that if this happened, the county could lose money, but it was not likely. He said his optimism was based on the past 10-15 year history on the interest rates. Commissioner Ray asked if there was a cap on the floating rate. Boyles said there was not. Commissioner Bowles asked the representatives if they felt the county could lose money with a synthetic refunding. Both Hobson and Boyles said no. Mr. Boyles said many corporations and governmental entities had been through synthetic refundings in the past eight to nine months. He said a worse-case scenario might happen if a “flat-tax,” or an unusual tax law were passed. Boyles continued by saying the bank’s economists were predicting the economy “would turn around next year.” Blumenstein said a financial advisor would be required if the county pursued the transaction. She said this person’s duties would be to give an independent financial opinion -- to advise on an opportune time to proceed and the interest rate offered by the bank. Staff Present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Cooperative Extension Service Director Ken Vaughn, Register of Deeds Brenda Bell, Chief Deputy Rick Dowdle with the Sheriff's Department, Social Services Director Don Wall, County Assessor Brent Weisner, Human Resources Director Carolyn Harris, Inspections/Planning Director Lynn Niblock, Planning Supervisor Ron Smith, and Clerk to the Board Jean Moore. REQUEST FOR A DISCUSSION/DECISION REGARDING COUNTY PARTICIPATION IN STATE-GRANTED BONUS LEAVE (THIS APPLIES TO ONLY COOPERATIVE EXTENSION SERVICE EMPLOYEES): Vaughn said that in the 1980s, the county and State signed a Memorandum of Understanding stipulating they would split the salary costs for the Cooperative Extension employees. He said the agreement stated the State would take the lead on the establishment of the salaries, and the extension office would observe the county holidays and office hours. Vaughn said that in year 2000, the State approved a lump salary increase of $600 per employee, with the costs to be equally shared between the State ($300) and county ($300). He said this year; however, the State approved 80 hours of leave time in lieu of a salary increase. Mr. Vaughn said he was requesting for the county to approve the leave time and to absorb the 40 hours (one-half of the State’s approved 80 hours) for each employee. In addition, Vaughn said the State was asking if the county would accept leave hours from employees transferring from other State agencies. He said the bonus hours were a one-time method of recognition for the employees, and the hours could be “banked” for future use. County Manager Mashburn said he was in favor of sharing the costs for the bonus hours; however, he could not recommend approval for the transfer of “banked” time for new hires. He said this was due to the possibility of the county paying twice for the hours. (Example would be: An employee was paid bonus hours and later retired. Then, a new hire transferred into that person’s position and brought “banked” hours from another governmental unit. The county would be paying bonus hours twice. The same scenario might occur with deaths or resignations.) Vaughn said the employees would be encouraged to take the leave time rather than “banking” it. Human Resources Director Carolyn Harris said the county’s present policy allowed up to 40 hours of accumulated vacation leave, in excess of 240, to be converted into sick leave on the last day of the year. She said anything more than this would be lost so that only 240 hours were carried on January 1. Mrs. Harris said the county also had a policy stipulating that only 240 hours would be paid to employees either retiring or resigning. She said; however, the State’s bonus time would not be subject to the 240 maximum limitation as of December 31. Vaughn again said he would encourage his employees to take the leave time rather than “banking” it. He said this would eliminate having dual time sheets. w REQUEST FROM THE SOCIAL SERVICES DEPARTMENT FOR PERMISSION TO CONDUCT A SCHOLARSHIP FUND RAISER FOR THE NORTH CAROLINA CHILD SUPPORT COUNCIL (NCCSC): Social Services Director Wall said the State had challenged each county child support department to raise $100 for the North Carolina Child Support Council Scholarship. He said the local child support office proposed to do this by a yard sale and bake sale. Wall said the employees would set up prior to 8:00 a.m., and use their lunch times for the sale. PRESENTATION OF THE MARKET VALUE SCHEDULE OF VALUES, THE PRESENT USE VALUE SCHEDULE OF VALUES AND A REQUEST FOR A PUBLIC HEARING TO BE HELD ON NOVEMBER 19, 2002 FOR PUBLIC COMMENTS REGARDING THE SCHEDULES: County Assessor Brent Weisner gave the following timeline for the 2003 Revaluation. November 4, 2002: Distribution of the Schedules to the Commissioners November 10, 2002: Notice in newspaper regarding the public hearing on the schedules November 19, 2002: Public hearing December 3, 2002: Adoption of Schedules December 5, 2002: First Notice of Adoption in newspaper December 11, 2002: Second Notice December 18, 2002: Third Notice December 24, 2002: Final Notice January 3, 2003: Final date for an Appeal to the Property Tax Commission : regarding the Schedules Weisner briefly described the contents of the two documents, and said there was a two-month adoption process for them. He said all of North Carolina’s counties had to adopt a schedule, but if they preferred, they could devise their own. REQUEST FROM THE REGISTER OF DEEDS FOR RECONSIDERATION OF AN FY 2002-03 BUDGET REQUEST FOR ADDITIONAL EMPLOYEES (TWO DEPUTY I REGISTER OF DEEDS AND ONE ADMINISTRATIVE SECRETARY): Register of Deeds Brenda Bell requested the addition of three new employees for her department. She said one deputy position would be placed in the real estate section and the other would be in the Vital Records Section. Bell said the secretary would order supplies, pay invoices, and assist in the other areas when needed. Mrs. Bell said her department’s revenues would probably exceed the budget by $100,400.00, which would pay the costs for the new employees. REQUEST FROM THE SHERIFF'S DEPARTMENT FOR THE RECLASSIFICATION OF A JAILER II POSITION: Chief Deputy Rick Dowdle said the sheriff was requesting the reclassification of a Jailer Il that served as an office receptionist. He said the front desk officer had many responsibilities and assisted each sheriff's division as well as the general public. Dowdle said the “sworn” position was often needed to supply supervision in the records division. Mr. Dowdle said the request was to reclassify the position from a Jailer Il (Grade 63) to a Jail Sergeant (Grade 67). ADJOURNMENT: Chairman Tice adjourned the briefing at 6:35 p.m. Approved: NV) WVapnlir 19, A00 A J 4anl. IYoore Clerk to the Boakd IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES NOVEMBER 19, 2002 The Iredell County Board of Commissioners met in Regular Session on Tuesday, November 19, 2002, at 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. Present: Chairman Sara Haire Tice Vice Chairman Karen B. Ray Tommy E. Bowles Steve D. Johnson R. Godfrey Williams Staff Present: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, County Assessor Brent Weisner, Planning Supervisor Ron Smith, and C lerk to the Board Jean Moore. CALL TO ORDER: Chairman Tice called the meeting to order. INVOCATION by Commissioner Bowles. PLEDGE OF ALLEGIANCE: The pledge was led by Boy Scout Braden Parlier. Braden was working on his Citizenship in the Community merit badge, and his father accompanied him to the meeting. ADJUSTMENTS OF THE AGENDA: by Chairman Tice to adjust the agenda by: Revision: ° Item F on the agenda was reworded as follows: Request for the Adoption of a Resolution Calling for a Public Hearing on December 17, 2002, Concerning the Refinancing of a Portion of Outstanding Series 2000 Installment Payment Revenue Bonds Additions: * Request for the Acceptance of a Proposal from the Bank of America to Refinance a Portion of the Outstanding 1992 Certificates of Participation at an Interest Rate of 2.85% + Request for the Adoption of a Resolution Calling for a Public Hearing on December 2, 2002, at 9:00 a.m., Concerning the Refinancing of Outstanding 1992 Certificates of Participation * Request for Approval of a Contract with Benchmark Consulting for the Preparation of a Community Block Development Grant Application for the Scattered Site Housing Grant not to exceed $10,000, & to set December 3 & December 17, 2002, as Public Hearing Dates * Request for County Manager Authorization to Sign on Behalf of the County, a One-Year Lease Agreement Regarding Eight (8) Acres of County Property to be used for Agricultural Purposes by Craig Wagoner VOTING: Ayes — 5; Nays -— 0. APPOINTMENTS BEFORF 1 HE BOARD (7:00 P.M.) Presentation of the Comprehensive Annual Financial Report for Iredell County, as of June 30, 2002, by McLelland, Rutherford & McKenzie, PA: Mr. Ron McLelland said the county’s financial report was submitted to the Local Government Commission on October 17, and it was approved on November 6, 2002. He said the report was “unqualified and there were no noncompliance areas cited.” In addition, he said there were no questioned costs. McLelland then shared the following data that compares the county’s financial condition as of June 30, 2001 to June 30, 2002. Iredell County Statistical Data 06/30/01 06/30/02 Increase (Decrease) Cash & Investments $ 48,812,749 $ 35,466,578 $ (13,346,171) Receivables (Net) 12,710,646 11,737,521 ( Orasee Fixed Assets (Net) 47,792,199 53,939,250 6,147,051 Payables & Accruals 6,589,004 7,341,965 752,961 Long-Term Debt 71,713,682 73,089,094 1,374,412 Total Equity 93,508,120 84,391,432 ( 9,116,688) Working Capital 53,736,098 40,053,853 (13,682,245) (Excludes Current Portion of Long-term Debt) Fund Balance Reserved 35,315,520 18,392,647 (16,922,873) Fund Balance 1,950,220 3,527,347 1,577,127 Unreserved/Designated Fund Balance 10,354,569 10,537,633 183,064 Unreserved/Undesignated Legal Debt Margin 724,988,780 773,128,598 48,139,818 General Fund Budget 94,440,331 103,030,354 8,590,023 Net Material Budget 3,356,994 9,031,072 5,674,078 Amendments Made (All funds) Mr. McLelland said some of the notable changes could be explained by saying: . The decrease in cash/investments was due to bond money being spent. . The decrease in receivables could be attributed to cuts by the State. - The decrease in total equity was due to money, previously being held, that was paid out for construction projects. . The increase in fund balance unreserved/designated was due to money set aside for fire funds and fire related items. - The increase in legal debt margin was due to more properties being obtained by the county. Chairman Tice thanked Mr. McLelland and stated the board of commissioners would receive the report for information. Review of the Iredell County Mental Health Business Plan & Call for a Public Hearing on Tuesday, December 17, 2002: Crossroads Behavioral Healthcare Area Director & CEO David Swann briefly explained the following five documents. Needs Assessment Strategic Plan Executive Summary Timeline VPwym Crossroads Area Board Resolution (The resolution was in support of the local business plan; however, it stipulated the area board’s reservations due to the requirements imposed by the Mental Health Reform Act.) Swann said Crossroads currently employed 260 people, but the organization in the future would be much smaller. He said it was hoped area providers would employ most of Crossroads’ employees. Mr. Swann said the State appeared to be “financially pulling out” its support of mental health services, and more would be expected of the counties. He said “redirected funds” would be shifted to the counties when hospitals, such as Broughton closed; however, there would be a decline in State dollars. Swann said a bed at Broughton typically cost about $1,000 a day, but it was hoped patients in the future could be treated locally for about $300 per day. Commissioner Williams asked what would happen when Broughton Hospital closed. Swann said it would be necessary to develop local alternatives to treat the mentally ill. MOTION by Chairman Tice to call for a public hearing on December 17, 2002, regarding the Local Business Plan required by North Carolina General Statute 122C- 113.2. VOTING: Ayes — 5; Nays - 0. Chairman Tice declared the meeting to be in a public hearing. Small Cities Community Development Block Grant in the Amount of $240,000: Economic Developer Jeff McKay said the purpose of the hearing was to receive comments on the application for an economic development grant. He said the funds would be used for a 750,000 gallon elevated water storage tank and 2,600 linear feet of 12” waterline for an area in west Statesville. McKay said the infrastructure improvements would aid Millard Refrigeration Services and its 30 employees, along with the community in general and other prospective industries. He said that due to costs, it might be necessary to reduce the tank’s size to 700,000 gallons. (Mr. McKay then shared the following data that shows the various sources of funds for the tank and waterline.) Iredell County CDBG-ED Grant West Farms/Millard Refrigerated Services Sources of Funds CDBG $ 240,000.00 Tank West Farm 200,000.00 Tank Committee of 100 100,000.00 _ Flex EnergyUnited 240,000.00 Tank Millard 98,685.00 Sewer Pump Station Iredell County 112,800.00 Sewer Forcemain & flex EnergyUnited Water Corp. 209,020.00 All of waterline, water project engineering, and portion of contingencies $ 1,200,505.00 No one else desired to speak, and Chairman Tice adjourned the hearing. (No action from the board was needed.) Chairman Tice declared the meeting to be in a public hearing for the purpose of receiving citizen comments regarding the 2003 Revaluation & the Market Value Schedule and the Present Use Value Schedule. Market Value Schedule of Values and Present Use Schedule of Values in Conjunction with the 2003 Revaluation: County Assessor Brent Weisner requested adoption of the referenced Schedules on December 3, 2002. Commissioner Johnson asked about the capitalization rate in the Present Use Value Schedule. Specifically, he asked if the county had some “leeway” in the establishment of the rate. Weisner said yes, between six and seven percent. He said the higher the capitalization rate, the lower the price break. Charles Cavin, of Troutman, N.C., requested fairness in the revaluation. He said many families were suffering due to the economy, and that many were on fixed incomes. Mr. Cavin also requested the board members to use wisdom in the handling and spending of taxpayer funds. No one else requested to speak, and Chairman Tice adjourned the hearing. MOTION by Commissioner Bowles to establish the date for the adoption of the Market Schedule of Values and the Present Use Value Schedule for Tuesday, December 3, 2002. VOTING: Ayes — 5; Nays — 0. by Commissioner Johnson to approve the following eight (8) consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. Request for Approval of the October Refunds and Releases (The following releases and refunds were approved.) Breakdown of Releases: $ 70,674.20 County $ 44,560.73 Solid Waste Fees 180.00 E. Alexander Co. Fire #1 53.80 Shepherd’s Fire #2 81.49 Mt. Mourne Fire #3 191.70 All County Fire #4 2,122.94 Statesville City 5,814.41 Statesville Downtown 0.00 Mooresville Town 15,207.33 Mooresville Downtown 0.00 Mooresville School 2,194.16 Love Valley 0.00 Harmony 33.77 Troutman 233.87 Breakdown of Refunds: $ 26,306.03 County 14,826.63 Solid Waste Fees 147.00 E. Alexander Co. Fire #1 0.00 Shepherd’s Fire #2 133.69 Mt. Mourne Fire #3 10.67 All County Fire #4 536.72 Statesville City 84.75 Statesville Downtown 0.00 Mooresville Town 7,880.95 Mooresville Downtown 0.00 Mooresville School 2,322.95 Love Valley 0.00 Harmony 0.00 Troutman 362.67 - Request from the North Carolina Department of Transportation for the Abandonment of a Portion of SR 1106 — Bridges Farm Road (During the briefing, Planning Supervisor Smith explained that the Department of Transportation was requesting the abandonment of a portion (1,565 linear feet) of the Bridges Farm Road. He said the planning department had reviewed the request and recommended approval.) 3. Request for Approval of Budget Amendment #s 16 & 17 (#16 will recognize $80,500 from a North Carolina Department of Transportation Grant & #17 will create an Indirect Cost Line Item to be used for Transportation Grant Reporting: (At the briefing, Finance Director Blumenstein said the Department of Transportation had awarded $80,500 from Discretionary Rural General Public funds to provide additional transportation services. She said Budget Amendment #16 recognized the revenue and 4 appropriated it to Contracted Services. Blumenstein said Amendment #17 was for bookkeeping purposes (posting of a journal entry each month recognizing 1/12 of the annual indirect cost as an expenditure for the transportation service and as a revenue to the general fund). 4. Request for Approval of Budget Amendment #18 for the Recognition of the Reduction in Public School Building Capital Funds in the Amount of $773,040 due to Action by the North Carolina General Assembly: (Finance Director Blumenstein said at the briefing session that the budget adopted by the General Assembly excluded the annual appropriation of Public School Building Capital funds (PSBCF) from corporate income taxes. She said instead, the funds were directed to school operations, and that due to the Iredell County FY 02-03 budget listing PSBCF for capital outlay, a correction needed to be made. (The Iredell-Statesville School System submitted the following listing that shows line item reductions necessary to reflect the change.) Iredell-Statesville Schools | FY July 1, 2002-June 30, 2003 Increase Amended Budget (Decrease) Budget Third Creek Elementary 477,505.00 | (44,127.00) | 433,378.00 Future School Construction 234,656.00 234,656 Annual Renovations 410,000.00 | 40,000.00 | 450,000.00 Bus Garage Addition 485,000.00 | (189,000.00) 296,000.00 Roofing 325,000.00 | (25,000.00) | 300,000.00 Boiler/HVAC 200,000.00 | (100,000.00) 100,000.00 Mobile Unit Set-up 150,000.00 | 25,000.00 175,000.00 Maintenance Vehicles 69,605.00 | (251.00) 69,354.00 Buses 250,000.00 | (5,000.00) | 245,000.00 Paving 100,000.00 | (10,000.00) | 90,000.00 Waste water 300,000.00 | (200,000.00) 100,000.00 Furniture/Equipment 410,000.00 | (6,000.00) | 404,000.00 Technology 174,000.00 | (24,000.00) | 150,000.00 Total $3,585,766.00 | (773,034.00) $2,812,732.00 (Note: Commissioner Johnson stressed the fact that Budget Amendment #1 8 was due to action by the Governor of North Carolina along with the General Assembly, and not by any action of the board of commissioners.) 5. Request for County Manager Authorization to Sign on Behalf of the County, a One-Year Lease Agreement Regarding Eight (8) Acres of County Property to be used for Agricultural Purposes by Craig Wagoner: (Support Services Director Jim Vernon said during the briefing that Craig Wagoner desired to lease pasture land behind the Agricultural Resource Center for one year at $25 per acre. He said the leasing would also aid the county by reducing the maintenance costs for mowing, and the presence of grazing cattle would blend in with the area.) 6. Request for Approval of the November 4, 2002 Minutes 7. Request for the Acceptance of a Proposal from the Bank of America to Refinance a Portion of the Outstanding 1992 Certificates of Participation (COPs)at an Interest Rate of 2.85% (Finance Director Blumenstein advised during the briefing that two banking proposals had been received for the direct placement financing on the 1992 COPs. She said one proposal was from Bank of America at an interest rate of 2.85% and the other was from BB&T at 2.97%. Mrs. Blumenstein recommended Bank of America’s rate at 2.85. 8. Request for Approval of a Contract with Benchmark Consulting for the Preparation of a Community Block Development Grant Application for the Scattered Site Housing Grant not to exceed $10,000 & to set December 3 and December 17, 2002 as Public Hearing Dates (The county manager had previously advised that Centralina Council of Governments, Lindsey Consulting, and Benchmark 5 Consulting had submitted proposals to provide the necessary application for the $400,000 scattered site housing grant. The manager recommended Benchmark’s proposal at a cost of $10,000.) (Note: The $10,000 is included in the $400,000 and is an allowable expenditure. Also, the application completion is separate from the actual grant administration. ) END OF CONSENT AGENDA Request for the Adoption of a Resolution Calling for a Public Hearing on December 17, 2002 Concerning the Refinancing of a Portion of Outstanding Series 2000 Installment Payment Revenue Bonds: Chairman Tice introduced the following resolution that was read by title and summarized by the Director of Finance and Administration. RESOLUTION CALLING A PUBLIC HEARING CONCERNING THE REFINANCING, PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT, OF A PORTION OF THE OUTSTANDING INSTALLMENT PAYMENT REVENUE BONDS (IREDELL COUNTY SCHOOL PROJECTS), SERIES 2000 ISSUED BY IREDELL COUNTY PUBLIC FACILITIES CORPORATION WHEREAS, in order to achieve debt service savings, the Board of Commissioners for the County of Iredell, North Carolina (the "County") is considering the refinancing, pursuant to a first supplemental installment financing agreement (the "Agreement") to be entered into with Iredell County Public Facilities Corporation (the “Corporation”), of a portion of the County’s payment obligations under that certain Installment Financing Agreement, dated as of July 1, 2000, by and between the County and the Corporation, by refunding a portion of the Corporation’s outstanding Installment Payment Revenue Bonds (Iredell County School Projects), Series 2000; and WHEREAS, the Agreement, if entered into, will comply in all respects with Section 160A-20 and Chapter 159, Article 8 of the General Statutes of North Carolina and the guidelines of the Local Government Commission of North Carolina for all financings and refinancings undertaken pursuant to said Section; and WHEREAS, said Section 160A-20 requires that, before entering into an installment financing agreement involving real property, the County shall hold a public hearing on such agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners for the County of Iredell: Section 1. A public hearing with respect to the Agreement is hereby directed to be held on Tuesday, December 17, 2002, at 7:00 P.M., in the Commissioners’ Meeting Room at the Iredell County Government Center in Statesville, North Carolina. Section 2. The Clerk to the Board of Commissioners is hereby directed to publish notice of said public hearing, in substantially the following form, once at least ten (10) days prior to the date of the public hearing as required by Section 160A-20(g) of the General Statutes of North Carolina: NOTICE OF PUBLIC HEARING BY THE BOARD OF COMMISSIONERS FOR THE COUNTY OF IREDELL, NORTH CAROLINA, CONCERNING THE REFINANCING, PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT, OF A PORTION OF THE OUTSTANDING INSTALLMENT PAYMENT REVENUE BONDS (IREDELL COUNTY SCHOOL PROJECTS), SERIES 2000 ISSUED BY IREDELL COUNTY PUBLIC FACILITIES CORPORATION 6 NOTICE IS HEREBY GIVEN to all interested persons that the Board of Commissioners for the County of Iredell, North Carolina (the "County") is considering the refinancing, pursuant to an Installment Financing Agreement (the "Agreement") with Iredell County Public Facilities Corporation (the "Corporation"), a North Carolina non- profit corporation, of a portion of the County’s payment obligations under that certain Installment Financing Agreement, dated as of July 1, 2000, by and between the County and the Corporation, by refunding a portion of the Corporation’s outstanding Installment Payment Revenue Bonds (Iredell County School Projects), Series 2000 (the “2000 Bonds”). It is expected that the Corporation will issue its Installment Payment Revenue Refunding Bonds (Iredell County School Projects), Series 2003 (the “Series 2003 Bonds”) in an aggregate principal amount not exceeding $21,000,000 for the purpose of providing funds, together with other available funds, to (i) refund a portion of the 2000 Bonds and (ii) pay the expenses incurred in connection with the issuance of the Series 2003 Bonds. NOTICE IS HEREBY FURTHER GIVEN that the Board of Commissioners will hold a public hearing in the Commissioners’ Meeting Room at the Iredell County Government Center in Statesville, North Carolina, on December 17, 2002, at 7:00 P.M., or an adjournment thereof, at which time any person may be heard regarding the proposed Agreement. COUNTY OF IREDELL, NORTH CAROLINA By: Jean C. Moore Clerk to the Board of Commissioners Section 3. This resolution shall take effect upon its passage. Upon of Chairman Tice, the foregoing resolution entitled: "RESOLUTION CALLING A PUBLIC HEARING CONCERNING THE REFINANCING, PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT, OF A PORTION OF THE OUTSTANDING INSTALLMENT PAYMENT REVENUE BONDS (IREDELL COUNTY SCHOOL PROJECTS), SERIES 2000 ISSUED BY IREDELL COUNTY PUBLIC FACILITIES CORPORATION" was passed by the following vote: Ayes — 5; Nays — 0. Request for the Adoption of a Resolution Calling for a Public Hearing on December 2, 2002, at 9:00 a.m., Concerning the Refinancing of Outstanding Certificates of Participation: Chairman Tice introduced the following resolution that was read by title and summarized by the Director of Finance and Administration. RESOLUTION CALLING A PUBLIC HEARING CONCERNING THE REFINANCING, PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT, OF OUTSTANDING CERTIFICATES OF PARTICIPATION (1992 IREDELL-STATESVILLE SCHOOL PROJECTS) WHEREAS, in order to achieve debt service savings, the Board of Commissioners for the County of Iredell, North Carolina (the "County”") is considering the refinancing, pursuant to an installment financing agreement (the "Agreement") to be entered into with Iredell County Public Facilities Corporation (the “C orporation”’), of the County’s obligations under that certain Installment Financing Agreement, dated as of December 1, 1992, by and between the County and the C orporation, by refunding the outstanding Certificates of Participation (1992 Iredell-Statesville School Projects) executed and delivered by the Corporation; and WHEREAS, the Agreement, if entered into, will comply in all respects with Section 160A-20 and Chapter 159, Article 8 of the General Statutes of North Carolina 7 and the guidelines of the Local Government Commission of North Carolina for all financings and refinancings undertaken pursuant to said Section; and WHEREAS, said Section 160A-20 requires that, before entering into an installment financing agreement involving real property, the County shall hold a public hearing on such agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners for the County of Iredell: Section 1. A public hearing with respect to the Agreement is hereby directed to be held on Monday, December 2, 2002, at 9:00 A.M.., in the Commissioners’ Meeting Room at the Iredell County Government Center in Statesville, North Carolina. Section 2. The Clerk to the Board of Commissioners is hereby directed to publish notice of said public hearing, in substantially the following form, once at least ten (10) days prior to the date of the public hearing as required by Section 160A-20(g) of the General Statutes of North Carolina: NOTICE OF PUBLIC HEARING BY THE BOARD OF COMMISSIONERS FOR THE COUNTY OF IREDELL, NORTH CAROLINA, CONCERNING THE REFINANCING, PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT, OF OUTSTANDING CERTIFICATES OF PARTICIPATION (1992 IREDELL-STATESVILLE SCHOOL PROJECTS) NOTICE IS HEREBY GIVEN to all interested persons that the Board of Commissioners for the County of Iredell, North Carolina (the "County") is considering the refinancing, pursuant to an Installment Financing Agreement (the "Agreement") with Iredell County Public Facilities Corporation (the "Corporation"), a North Carolina non- profit corporation, of the County’s obligations under that certain Installment Financing Agreement, dated as of December 1, 1992, by and between the County and the Corporation, by refunding the outstanding Certificates of Participation (1992 Iredell- Statesville School Projects) (the “1992 Certificates”), executed and delivered by the Corporation. It is expected that the Corporation will issue its Installment Payment Revenue Refunding Bonds (Iredell County School Projects) Series 2002 (the “Series 2002 Bonds”) in an aggregate principal amount not exceeding $6,000,000 for the purpose of providing funds, together with other available funds, to (i) refund the 1992 Certificates and (ii) pay the expenses incurred in connection with the issuance of the Series 2002 Bonds. NOTICE IS HEREBY FURTHER GIVEN that the Board of Commissioners will hold a public hearing in the C ommissioners' Meeting Room at the Iredell County Government Center in Statesville, North Carolina, on December 2, 2002, at 9:00 A.M., or an adjournment thereof, at which time any person may be heard regarding the proposed Agreement. COUNTY OF IREDELL, NORTH CAROLINA By: Jean C. Moore Clerk to the Board of Commissioners Section 3. This resolution shall take effect upon its passage. Upon of Commissioner Williams, the foregoing resolution entitled: "RESOLUTION CALLING A PUBLIC HEARING CONCERNING THE REFINANCING, PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT, OF OUTSTANDING CERTIFICATES OF PARTICIPATION (1992 IREDELL- STATESVILLE SCHOOL PROJECTS)" was passed by the following vote: Ayes — 5; Nays — 0. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Planning Board (1 announcement) Adult Care Home Community Advisory Committee (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS , Committee (1 alternate appointment): No nominations were submitted, and Chairman Tice Imoved| to postpone this appointment until the December 3 meeting. VOTING: Ayes — 5; Nays — 0. 2 appointments): No nominations were moved) to postpone these two appointments until the Nursing Home Advisory Committee submitted, and Chairman Tice December 3 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community wig Committee (3 appointments): No nominations were submitted, and Chairman Tice moved to postpone these appointments until the December 3 meeting. VOTING: Ayes — 5; Nays — 0. Centralina Workforce Development Board (1 appointment): No nominations were submitted, and Chairman Tice Imoved to postpone this appointment until the December 3 meeting. VOTING: Ayes — 5; Nays — 0. I-CARE Inc., Board of Directors (1 appointment): Commissioner Ray nominated William Summers. No further nominations were submitted, and C hairman Tice moved) to close the nominations and appoint Mr. Summers by acclamation. VOTING: Ayes — 5; Nays — 0. ADJOURNMENT: MOTION by Chairman Tice at 8:30 p.m., to recess the meeting until Monday, December 2, 2002 at 9:00 a.m., at the Iredell County Government Center, (Commissioners’ Meeting Room) 200 South Center Street, Statesville, NC. VOTING: Ayes — 5; Nays — 9. Approved: Dike teonds —- %, AW R- de nl A) Lee /y Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES NOVEMBER 19, 2002 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, November 19, 2002, at 5:00 p.m., in the Iredell County Government Center (South Wing Conference Room), 200 South Center Street, Statesville, NC. Present: Chairman Sara Haire Tice Vice Chairman Karen B. Ray Tommy E. Bowles Steve D. Johnson R. Godfrey Williams Staff Present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Library Director Steve Messick, County Assessor Brent Weisner, Planning Supervisor Ron Smith, Support Services Director Jim Vernon, and Clerk to the Board Jean Moore. PRESENTATION OF A MODEL FOR THE NEW IREDELL COUNTY LIBRARY: Earle Gaulden, an architect with Craig, Gaulden & Davis, Inc., shared a model for the new library to be located on Tradd Street in Statesville. Gaulden said 142 parking spaces would be available once some structures near the site were demolished. He said the front entrance had an arched entryway, and the loading dock in the back would be at grade level. Mr. Gaulden said the area in the rear of the building would be large enough for a tractor trailer to back in for loading/unloading. He continued by saying the two and one-third story building would slope down in the back, and that a canopy would be built in the area where the bookmobile would load/unload. He also said there would be room in the back for expansion, and the basement (one-third of a floor) could someday be enlarged, if needed. A discussion occurred about whether or not the loading dock configurations were sufficient enough; however, Library Director Steve Messick said he felt everything would be adequate since most of the deliveries being handled by the United Parcel Service (UPS). Messick said the bookmobile loaded/unloaded two or three times per week. Gaulden said the library’s roof would be slanted down on each side with gutters to catch the rainfall. He said the roof would have one seam in the middle. He also said the model would be on display at the library. Chairman Tice asked about the arched entryway. She said that at one time columns had been proposed to blend in with the older homes in the area. Tice said she recalled the arched design had been discussed when the library was being proposed for the Meeting Street site. The county manager said he recalled that an arched design had been chosen, but he would check into the matter. DISCUSSION REGARDING THE SERIES 2000 INSTALLMENT PAYMENT REVENUE BONDS: Finance Director Blumenstein said the bond counsel was now satisfied they could give a “positive opinion” about the refunding on the Series 2000 school bonds. She said this was due to the “liquidity provider” agreeing to an eight- year term rather than for two years. Mrs. Blumenstein said the bond transaction would take about two months, and the county could probably save about $900,000 over the life of the bonds. She said a public hearing would be held on December 17 regarding the refunding; however, the county would not be “bound” to complete the proceedings. DISCUSSION REGARDING THE SERIES 1992 CERTIFICATES OF PARTICIPATION: Mrs. Blumenstein said December 19, 2002, had been scheduled for the closing date for the Series 1992 refinancing. Blumenstein said that approximately $330,000 could be saved over the life of the bonds. She requested that a public hearing be held on Monday, December 2, 2002 regarding the Series 1992 refinancing. ADJOURNMENT: Chairman Tice adjourned the briefing at 6:35 p.m. oa Approved: Ak Centr x KH 2 ia tj f Mire 2 IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES DECEMBER 3, 2002 The Iredell County Board of Commissioners met in Regular Session on Tuesday, December 3, 2002, at 7:00 p.m., in the Iredell County Government Center (Commissioners’ Meeting Room), 200 South Center Street, Statesville, NC. Present were: Chairman Steve D. Johnson Vice Chairman Godfrey Williams Marvin Norman Sara Haire Tice (Vacancy due to Resignation of Karen B. Ray) Staff present were: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, County Assessor Brent Weisner, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. INVOCATION by Commissioner Norman. PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: by Chairman Johnson to approve the agenda with the following revisions. Deletion: * Request for a Discussion/Decision Regarding an Invitation from Lincoln County to Discuss Water Supply Needs (see briefing minutes) Additions: * Request for Adoption of a Resolution of Intent to Adopt a Fair Housing Plan Under Section 104(d) of the Housing and Community Development Act of 1974, as Amended * Request for the Adoption of a Public Facilities Agreement between Iredell County and Millard Refrigerated Services * Request for Authorization to Own a Sewer Line that will extend from the Millard Refrigerated Services Company to the City of Statesville’s Sewage Line * Request for Approval of an Authorizing Resolution for the C ommunity Development Block Grant Water Tank Project * Closed Session: Personnel — G.S. 143-318.11(a) 6 VOTING: Ayes — 4; Nays — 0. PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Community Development Block Grant Application to be Submitted to the Division of Community Assistance for Scattered Site Housing Funds in the Amount of $400,000: County Manager Mashburn said scattered site housing funds for counties in North Carolina were distributed on a rotating basis. He said every three years the county would be eligible for approximately $400,000 for housing rehab in scattered site areas. Steve Austin, with Benchmark LLC from Kannapolis, N.C., said funds were previously awarded on a competitive basis; however, the State changed the grant program to aid people in rural areas. He said the scattered site funds provided assistance for single-family, owner-occupied homes (10-14 homes per grant cycle) scattered throughout the county. Mr. Austin said the grant criteria also stipulated that selected homes had to be owned by low-income individuals (50% of the area’s median income based on family size). He said all federal and state regulations dealing with lead-based paints, housing quality standards, and building standards had to be met. Austin said the application was due January 6, 2003, and that around Easter, the county would be ready to start spending the money. Lastly, Austin said a selection committee needed to be established to select the homes to be repaired. Chairman Johnson said he understood Benchmark would complete the application and design an evaluation system for the home selection. Austin said most counties used a point-rating system with preference given to the elderly and handicapped. He said the board would also need to determine whether or not mobile homes would eligible for improvements. Chairman Johnson asked about the complaint process. Austin said due process would be given to anyone having a complaint. He said all information would be confidential, and the applicants would have to follow a complaint process. Commissioner Williams asked the maximum amount that could be applied per house. Austin said it could vary. He said $25,000 was one cut-off limit, but if lead-based paint problems were found, the costs could escalate ($40,000). Mr. Austin said another limit was $29,999 and licensed contractors would be needed on the projects costing more than this amount. He said written permission had to be obtained from the State, if estimates revealed a home needed $30,000 worth of repairs. No one else desired to speak, and Chairman Johnson adjourned the hearing. (No action was needed and a second public hearing on the scattered site housing program will be held December 17.) Chairman Johnson declared the meeting to be in a public hearing in reference to Case No. 0211-1. C. Wilson & Norma White (Case No. 0211-1): Request for Approval of an Amendment to the Land Use Plan and a Rezoning from R-20, Single Family Residential to HB, Highway Business District (Location: 406 Turnersburg Hwy., Statesville, NC): Planning Supervisor Smith said the applicants desired to rezone their property (3.57 acres / PIN#4746-40-2497) from R-20 to HB. He said the existing land use was for a hardware store and the surrounding properties were in institutional, residential, and vacant uses. Smith said the site had been used as a commercial property since the 1940s, and the property to the east was located in Statesville’s extraterritorial zoning jurisdiction. Mr. Smith said contact had been made with the city planning staff, and no opposition was voiced about the zoning change. He said the planning board recommended approval in a unanimous vote on November 6, 2002. Wilson White said he had owned the property since the early 1980s, and the property had been in commercial use since the 1940s. He said during the 1990 county- wide zoning, no one noticed the property was already being used for commercial purposes. Mr. White said no changes were being requested for the business, and he was simply trying to correct the zoning classification. No one else desired to speak and Chairman Johnson adjourned the hearing. MOTION} by Commissioner Williams to amend the Land Use Plan as it applies to Case No. 0211-1 (C. Wilson & Norma White property). VOTING: Ayes — 4; Nays — 0. MOTION by Commissioner Norman to rezone the property involved in Case No. 0211-1 (C. Wilson & Norman White property) from R-20, Single Family Residential to Highway Business District. VOTING: Ayes — 4; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing and requested the individuals desiring to speak in reference to Case No. 0211-2 (conditional use rezoning) to come forward and be sworn in. Laws Properties, LLC (Case No. 0211-2): Request for Approval of a Rezoning from R-20, Single Family Residential to GB-CUD, General Business Conditional Use District (Location: 824 Turnersburg Hwy., Statesville, NC): Planning Supervisor Smith said the applicant desired to rezone .70 acres (PIN#4746-87- 1999). He said the rezoning, along with the conditional use (Roadway Protection Overlay), would be compatible with other properties in the area (J.C. Faw development). Smith said the applicant was willing to abide by the overlay, and that on November 6, 2002 the planning board unanimously recommended approval. Attorney Bert Walser, representing Laws Properties LLC (stained glass company), said the property should have been rezoned when Mr. Faw had his property rezoned in 2000. Mr. Walser said a business had been on the site for many years, and by all indications this type of usage would remain the same in the future. No one else desired to speak and Chairman Johnson adjourned the hearing. MOTION by Commissioner Williams, after determining the finding of facts to be in order, to rezone the property involved in Case No. 021 1-2/Laws Properties LLC from R-20, Single Family Residential to General Business Conditional Use (Roadway Protection Overlay along Turnersburg Road). VOTING: Ayes — 4; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Roadway Protection Overlay Two (RPO2) Implementation Proposal for the Brawley School Road Corridor: Mr. Smith said this request was the third step in the process involving the Brawley School Peninsula Small Area Plan adopted in April 2002. He said one of the primary recommendations from the plan was the formulation and implementation of a new overlay for the Brawley School Road corridor (city limits of Mooresville to the end of the commercial designation -- Blume/Beechtree and Brawley School Road). Mr. Smith said that in October 2002, the board of commissioners adopted the text amendment to the zoning ordinance that changed the existing RPO by making it more stringent. He said several recommendations were added -- landscaping, parking, signage, and the thoroughfare plan. Mr. Smith noted, however, that the architectural standards in the proposal were recommendations and not requirements. He said the intent of the RPO was to create a higher standard of development along the Brawley School Road, and the planning board, in a unanimous vote on November 6, 2002, approved the proposal. Commissioner Williams asked if removing the architectural standards would jeopardize the overall plan. Smith said he didn’t think so. He said the standards were not enforceable, but the planning board had recommended their inclusion in the RPO to aid developers who might seek guidance when working on large tracts of properties. Chairman Johnson asked about the properties that were split -- a portion of a tract being in the RPO and another portion of the same tract not being included. Smith said the staff had tried to be fair and not arbitrary in the overlay design. Ronnie Smith (no relation to Planning Supervisor Ron Smith) said he had property in the area that would be affected. He agreed that some architectural standards would be helpful for uniformity, but he mentioned some would be difficult, e.g., 70% of the street level frontages would be in windows or doorways. Smith said he felt Mooresville had used this primarily for retail purposes, and much of the Brawley School Road area would be in other uses, e.g., offices. He suggested that contact be made with the property owners in the proposed RPO area to find out their preferences. Additionally, he suggested for the overlay to be used for residential and commercial uses, and that it should extend the full length of the road. Lastly, he voiced objections to the 50-foot setback. Bert Walser said he was speaking for Mr. J.C. Faw, the owner of property beside the Morrison Plantation. Walser said the property had been approved for a convenience store using the present setbacks. He said the new setbacks would demand that Mr. Faw cut his canopy back from 30 feet to 10 feet, which would make his property useless. Walser said Mr. Faw did not have “common law rights” at this point. Planning Supervisor Smith said he had not been informed of Mr. Faw’s plans. He asked if any permits had been issued. Walser said there were no permits. Hugh McKay said he owned 90 acres of land on the Brawley School Road, and his family had been property owners in the area for the past 150 years. McKay said he recently had his property rezoned in an effort to make it more attractive for prospective buyers, and he had been seeking water sewer. Mr. McKay said his rezoning was contingent upon some “high” architectural requirements that came from the Town of Mooresville. He said now, it appeared the RPO would create high standards without basic services. Mr. McKay said he wanted to voice his opposition to the plan, as it was now written. John Kinley, a realtor, said he lived down Brawley School Road. He said it was his understanding all of the commissioners had used a “pro private property rights” philosophy while campaigning. Kinley said private property rights were being “trampled on” and this was evident by what Cornelius, Davidson and Mooresville had done. He said Mooresville wanted to be like Davidson. Harold Mayhew said he lived on the Brawley School Road and his family had owned the property since 1954. Mayhew said the roadway was highly dangerous and most of the long-time residents were in disbelief about the growth. He mentioned the dangers associated with the McGuire Nuclear Power Plant. He also mentioned the litter problem. Mayhew said, “houses are being jammed in and forced on us so the State Department of Transportation will come and take our land for the right-of-way.” Mr. Mayhew said that if The Pointe/Crescent Land & Timber wanted a wider roadway, then it should pay for it and not the taxpayers. Jane Laney said her family owned property on the Brawley School Road. She expressed a concern that the residents in the area did not understand what was proposed in the overlay. Mrs. Laney said she did not agree with the architectural recommendations and the setbacks. She said, however, she liked the grass and the tree ideas. Commissioner Williams asked Mrs. Laney if her main objections were with the architectural recommendations. Laney said many people would be restricted by the 50 ft. setback on top of what the highway department would take. Planning Supervisor Smith said the setbacks were taken from a road right-of-way point or line that was drawn on the property. He said a 60 ft. right-of-way was being 4 used for the Brawley School Road and this is what the State Department of Transportation generally used for many roads in the county. Smith said the proposed RPO would require a 100 ft. right-of-way. John Kinley said that so far the Department of Transportation hadn’t taken, or paid for any of the property, but if the RPO was approved as presented, the county was just taking it. Kinley said the State should be forced to pay for it. Ronnie Smith agreed with Kinley. He said the county should not be taking the property. Chairman Johnson asked the planning supervisor if having a site plan that adhered to the right-of-way for the widening of Brawley School Road would be better than the front-yard setback. He asked if this would accomplish the same thing. Planning Supervisor Smith said it would probably accomplish the same thing, but if there was an initial property devaluation, it might still be there. Bert Walser mentioned there was an Iredell County court case involving property on Hwy. 150 where the owners sued the Department of Transportation for an inverse condemnation (widened the right-of-way from 60’ to 100’). Walser said the judge ruled that because some of the plats said, “future 100° of right-of-way” it was an implied dedication and the property owner was not entitled to have any compensation from the State. He said the case would probably go to the court of appeals. Chairman Johnson adjourned the hearing. Commissioner Williams said he was prepared to eliminate the architectural standards from the overlay, and to give further review to the proposed setbacks. Commissioner Tice said there appeared to be many unanswered questions. Chairman Johnson said the board’s hesitancy to adopt the RPO was in part due to the strong appreciation of personal property rights. by Chairman Johnson to postpone a decision regarding the Roadway Protection Overlay Two (RPO2) for 30 days or the first meeting in January (Tuesday January 7, 2003). VOTING: Ayes — 4; Nays — 9. (Note: Chairman Johnson explained to the audience that the RPO public hearing had officially been adjourned, and if anyone desired to share further comments, they needed to do so prior to the January meeting.) Request for Adoption of the Market Value Schedule of Values and the Present Use Schedule of Values in Conjunction with the 2003 Revaluation Request: County Assessor Brent Weisner said the two reappraisal Schedule of Values had been submitted to the board members on November 4 and the public hearing was held on November 19, 2002. Weisner requested adoption of the two schedules. by Commissioner Williams to adopt the Market Value Schedule of Values as presented. VOTING: Ayes — 4; Nays - 9. Chairman Johnson said he understood the Present Use Value Schedule primarily addressed agricultural, horticultural and forestry lands. Weisner said this was correct, and it was to be used on all qualifying tracts. He also said that basically the value of an acre of land was figured on how long it would take to recapture the land value as a rate of return. Commissioner Williams said that four years ago most of the county’s farmland realized about a 40% increase in value. He said that it appeared that farm owners would be looking at about the same amount in the upcoming revaluation. Mr. Williams said, “In 1998, milk was selling at $16.90 a hundred weight, but today a person would be lucky to get $12 a hundred weight. Broilers were at 40¢ a pound, but now they are at 36¢. Cotton was bringing 65¢ a pound, but now it’s 31¢. Soybeans were at $5.03 a bushel, but today they are $4.20. (However, due to the drought not many people have them and some might receive $5.69.) Corn was at $2.33 a bushel, but now it’s $2.30. Wheat was at $2.55 a bushel, and it is still selling for about that price. Hay was $80 a ton, and now it’s $77 a ton. At the same time the commodities prices have shown a definite drop, fertilizer has gone from $168 a ton to $240 aton.” Mr. Williams said it was evident that costs for farmers had increased while their prices had dropped. He stressed that agriculture was the county’s number one industry generating over $100 million per year, and that this money turned over three or four times just within this area alone. by Commissioner Williams to instruct the county assessor’s office to set the capitalization rate at 7.0% on all cultivated croplands and horticultural lands. (NOTE: Weisner said the forestry cap (9.0%) could not be revised because it was mandated by state statutes. Also, he said 7.0% was the highest amount allowed by the statutes for agricultural/horticultural lands.) VOTING: Ayes — 4; Nays — 0. CONSENT AGENDA by Commissioner Tice to approve the following eight (8) consent agenda items. VOTING: Ayes -— 4; Nays — 9. 1. Request from the Iredell-Statesville School System for Approval to Purchase Property for a new Middle & Elementary School Complex: Using funds from the 2000 Installment Payment Revenue Bond, officials with the Iredell-Statesville School System requested permission to purchase 104 acres to build a new middle and elementary school complex at Wallace Springs Road and Arey Road in the western area of Iredeil County. 2. Request from the Department of Transportation for Approval of the Abandonment of a Portion (500 linear ft.) of Perth Road (SR-1303): During the briefing, Planning Supervisor Smith said the Department of Transportation had requested approval to abandon 500 linear feet of roadway on SR-1303. He said a staff member had reviewed the request and recommended approval. 3. Approval of an Amended Capital Project Ordinance & Approval of Budget Amendment #s 19 & 20 for the Installment Payment Revenue Bonds, Series 2000: Amendment #19 will recognize an operating transfer of $1,759,100 from the School Capital Project Fund (2000/Installment Payment Revenue Bonds) for reimbursement of debt service paid on bonds ($1,508,877 to Iredell-Statesville and $250,223 to Mooresville Graded). Amendment #20 transfers $1,508,877 from the Iredell-Statesville Schools’ Debt Service to capital outlay and the same occurs for the Mooresville Graded Schools with the exception that the transferred amount is $250,223. The ordinance is as follows: Iredell County, North Carolina Project Ordinance School Projects 6 Be it Ordained by the Board of County Commissioners of Iredell County, North Carolina: Section 1. Funding for the projects shall be provided by the following sources: Par Amount of the Series 2000 Bond $38,180,000 Add: Accrued Interest 107,656 Bond Premium 448,791 Deduct: Original Issue Discount (385,795) Interest on proceeds account during construction period 1,739,293 Total Sources of Funds $ 40,089,945 Section 2. Capital Outlay will be financed for the Iredell-Statesville Schools and the Mooresville Graded School District as follows: Projects Iredell-Statesville Schools — Lakeshore Phase II and Lake Norman High $38,058,105 Mooresville Graded Schools — Mooresville High School 5,500,000 Issuance costs for the Series 2000 Installment Payment Revenue Bonds Underwriter’s Discount 294,374 Bond Insurance Premium 198,517 Legal, ratings agencies, printing, other 172,193 Deposit to Interest Payment Account 107,656 Reimbursement to Iredell County for Debt Service on the Project 1,759,100 Total Uses of Funds $40,089,945 Section 3. This Capital Project Fund shall continue until the projects are complete. Section 4. Payments from this Capital Project Fund shall be authorized by a representative of each school administrative unit and copied to the Iredell County Director of Finance and Administration. Section 5. Upon completion of the construction project, all funds remaining in this Capital Project Fund will be disbursed in accordance with the Trust Agreement by and between Iredell County Public Facilities Corporation and First Union National Bank, (Wachovia) as Trustee. x*ex ke * 4. Announcement of the January 16-17, 2003 Legislative Goals Conference Sponsored by the North Carolina Association of County Commissioners at the Research Triangle Park & Appointment of Commissioner Marvin Norman as the Voting Delegate and Commissioner Sara Haire Tice as the Alternate 3. Request for Adoption of a Resolution of Intent to Adopt a Fair Housing Plan under Section 104(d) of the Housing and Community Development Act of 1974, as Amended: The adopted resolution is as follows: IREDELL COUNTY RESOLUTION OF INTENT TO ADOPT A FAIR HOUSING PLAN UNDER SECTION 104(d) of the HOUSING & COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED WHEREAS, the Iredell County Board of Commissioners is applying for a Community Economic Development Block Grant; and WHEREAS, upon approval and acceptance of said grant, the Iredell County Board of Commissioners will adopt a Fair Housing Plan; and WHEREAS, the purpose of this plan is to provide various activities to inform the citizens and promote fair housing in the community. NOW, THEREFORE, BE IT RESOLVED, that the following constitutes the elements and activities to be included within the Fair Housing Plan to be adopted for Iredell County: (1) The County will identify, analyze, and then determine the obstacles/impediments to fair housing that exists in the county. (2) Propose and implement eight (8) quarterly activities, to begin with and cover the life of the grant, that address such areas as educational activities, assistance to the families, and community outreach components to name a few. (3) Adopt a written complaint procedure, which identifies the procedure for receiving and resolving complaints as a result of violations of Title VIII and how the total community will be informed that a complaint procedure is in place. This procedure will include a named staff position to receive and process complaints, provisions to acknowledge the county’s receipt of the complaint with a ten (10) day period, and steps that will be taken to resolve the complaint. * ee K 6. Request for the Adoption of a Public Facilities Agreement between Iredell County and Millard Refrigerated Services: Mr. Mashburn said Millard had agreed to construct/acquire an 80,000 sq. ft. cold storage and blast freezing facility on a 9.66 acre site (former Polar Cold Storage Company) and employ 30 people. He said Iredell County would be listed as the applicant for a Community Development Block Grant in the amount of $240,000, and the facilities agreement was necessary to receive the funds. Mashburn said the agreement stipulated that Millard would have to create and maintain 30 job positions by December 1, 2003 or reimburse the State $8,000 for each job not created. Te Request for the Authorization to Own a Sewer Line Extending from the Millard Refrigerated Services Company to the City of Statesville’s Sewage Line: The county manager said this request was due to the documents involved in the $240,000 Community Development Block Grant water tower project for Millard Refrigerated Services. He said the City of Statesville had agreed to accept the effluent from the sewer; however, the city officials would not agree to the ownership of the line. Mashburn said an owner had to be listed on the permit, and he requesting permission for Iredell County to own the line (7,600 linear feet with 4-inch PVC piping). 8. Request for Approval of an Authorizing Resolution for the Community Development Block Grant Water Tank Project: The following resolution was approved. Iredell County Authorizing Resolution Community Development Block Grant Water Tank Project WHEREAS, various state and federal agencies provide funds to counties and municipalities to meet the needs of local governments in financing the costs of community development projects which provide needed services to low and moderate income persons; and WHEREAS, the Division of Community Assistance is the State administering agency for the Community Development Block Grant Program and the Department of Commerce administers the CDBG-Economic Development Program; and WHEREAS, the board of commissioners of Iredell County has solicited and received citizen input regarding the Community Development Block Grant Economic Development Program which will provide 30 low and moderate income workers as part of the grant. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Iredell County: That Iredell County will substantially comply with all federal, state, and local laws, rules, regulations and ordinances pertaining to the project and to federal and state grants pertaining thereto. That Steve D. Johnson, Chairman of the Board of Commissioners of Iredell County and successors so titled is hereby authorized and directed to furnish such information as the appropriate governmental agencies may request in connection with such applications for the project; to make the assurances and certifications as contained above; and to execute such other documents as may be required in connection with the construction of the project. That this resolution shall take effect immediately upon its adoption. * * * * * scehecinitinananncenitsinmeinieinones END OF CONSENT AGENDA ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Home & Community Care Block Grant Committee (4 announcements) Board of Health (3 announcements) Board of Equalization & Review (6 announcements) Criminal Justice Partnership Program Committee (8 announcements) Information & Referral (1 announcement) Recreation Advisory Committee (4 announcements) Zoning Board of Adjustment (3 announcements) Juvenile Crime Prevention Council (3 announcements) APPOINTMENTS TO BOARDS & COMMISSIONS Region F Aging Advisory Committee (1 alternate appointment): No nominations were submitted, and Chairman Johnson lmotioned to postpone this appointment until the December 17 meeting. VOTING: Ayes — 4; Nays - 0. Nursing Home Advisory Committee (2 appointments): No nominations were submitted, and Chairman Johnson motioned) to postpone these two appointments until the December 17 meeting. VOTING: Ayes — 4; Nays — 0. Adult Care Home Community Advisory Committee (4 appointments): No nominations were submitted, and Chairman Johnson motioned to postpone these four appointments until the December 17 meeting. VOTING: Ayes — 4; Nays — 0. Centralina Workforce Development Board (1 appointment): Commissioner Tice nominated Cynthia Hartzog. by Chairman Johnson to close the nominations and appoint Hartzog by acclamation. VOTING: Ayes — 4; Nays — 0. Planning Board (1 appointment): Commissioner Tice nominated Harry Tsumas, Jr., to serve in the unexpired term (expiration date of June 30, 2006) of Marvin Norman. by Chairman Johnson to close the nominations and appoint Tsumas by acclamation. VOTING: Ayes — 4; Nays — 9. NEW BUSINESS Resignation of Commissioner Karen B. Ray & Official Notification to the Republican Executive Committee: MOTION by Chairman Johnson to instruct the Clerk to the Board to draft a letter to the Chairman of the Iredell County Republican Party advising of the vacancy on the Iredell County Board of Commissioners and to request a replacement recommendation. VOTING: Ayes — 4; Nays — 0. COUNTY MANAGER’S REPORT: Mr. Mashburn said that on Wednesday, December 11, 2002, a commissioner orientation would be held for Mr. Marvin Norman. Mashburn invited the other commissioners to attend if their schedule permitted. CLOSED SESSION: by Chairman Johnson at 9:30 p.m., to enter into closed session for the purpose of discussing a personnel matter - G.S. 143-318.11(a) 6. VOTING: Ayes — 4; Nays — 9. (The board returned to open session at 9:59 p.m.) ADJOURNMENT: MOTION by Chairman Johnson, at 9:59 p.m., to adjourn the meeting. (NEXT MEETING: Tuesday, December 17, 2002, 5:00 p.m., and 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC.) VOTING: Ayes — 4; Nays -— 0. x Approved: a, whe (7, 200k : Up, nl Spire \ f. 3 Clerk to the Board 10 IREDELL COUNTY BOARD OF COMMISSIONERS ORGANIZATIONAL MEETING MINUTES MONDAY, DECEMBER 2, 2002 (11:00 A.M.) The Iredell County Board of Commissioners met at 11:00 a.m., on Monday, December 2, 2002, in the Iredell County Government Center (Commissioners’ Meeting Room), 200 South Center Street, Statesville, NC. Newly-elected commissioners present were: Steve D. Johnson (2002-2006) Marvin Norman (2002-2006) Sara Haire Tice (2002-2004) Other commissioners present: R. Godfrey Williams *Vacancy *Note: A vacancy occurred on the board of county commissioners due to the resignation of Karen B. Ray. Mrs. Ray’s term of office extended through December 2004; however, during the 2002 election, she was elected to the North Carolina General Assembly. Staff present: Joel Mashburn, County Manager Bill Pope, County Attorney Susan Blumenstein, Finance Director Jean C. Moore, Clerk to the Board CALL TO ORDER by County Manager Joel Mashburn. ELECTION OF CHAIRMAN: Commissioner Williams nominated Steve D. Johnson for the office of chairman. There were no further nominations. by Commissioner Tice to close the nominations and elect Johnson by acclamation. VOTING: Ayes — 4; Nays — 0. (Mr. Johnson then assumed the chairmanship and presided at the meeting.) ELECTION OF VICE CHAIRMAN: Commissioner Norman nominated R. Godfrey Williams for the office of vice chairman. MOTION by Commissioner Tice to close the nominations and elect Williams by acclamation. VOTING: Ayes — 4; Nays — 0. APPOINTMENT OF COUNTY ATTORNEY: Commissioner Tice nominated William (Bill) P. Pope as the county attorney. MOTION by Chairman Johnson to close the nominations and appoint Pope as the county attorney. VOTING: Ayes — 4; Nays — 0. APPOINTMENT OF CLERK TO THE BOARD: Commissioner Williams nominated Jean C. Moore as the clerk to the board. MOTION by Chairman Johnson to close the nominations and appoint Moore as the clerk to the board. VOTING: Ayes — 4; Nays — 0. APPROVAL OF THE PUBLIC OFFICIALS’ BONDS: County Attorney Pope said that in accordance with G.S. 58-72-50, it was necessary to approve or review the public official bonds each December. (The statutes mandate that five county positions be bonded, and they are listed as follows.) Position Coverage Amount Finance Officer $100,000.00 Tax Collector $ 50,000.00 Deputy Tax Collector $ 50,000.00 Sheriff $ 10,000.00 Register of Deeds $ 10,000.00 County Manager Mashburn said that in addition to the requirements in the statutes, all county employees were covered in a blanket bond. MOTION by Commissioner Williams to approve the public officials’ bonds. VOTING: Ayes — 4; Nays — 0. ANNOUNCEMENTS/APPOINTMENTS OF COMMISSIONERS TO SERVE ON VARIOUS BOARDS AND COMMITTEES: The board members then discussed the various committees needing commissioner representation, and they agreed to serve as follows: LISTING OF BOARDS/COMMITTEES REPRESENTATED BY COMMISSIONERS Centralina Certified Development *Sara Haire Tice Corporation (CDC) Centralina Council of Governments/Board Vacancy of Delegates Criminal Justice Partnership Program Steve D. Johnson Committee (CJPP) Marvin Norman Crossroads Behavioral Healthcare Board of Godfrey Williams Directors Fire Tax District Board Godfrey Williams Hazardous Mitigation Plan Committee Marvin Norman Hazardous Waste & Low Level Marvin Norman Radioactive Waste Board Health Board Sara Haire Tice Home & Community Care Block Grant Vacancy Committee (HCCBC) Information & Referral Council Marvin Norman Juvenile Crime Prevention Council (JCPC) Marvin Norman Recreation Advisory Board Godfrey Williams Smart Start/Iredell Partnership for Children Vacancy Statesville Airport Commission Steve D. Johnson Welfare Reform Committee Steve D. Johnson *Commissioner Tice will serve on the CDC until a replacement is named for Ms. Ray. Also, by virtue of being the chairman of the board, Mr. Johnson will serve on the Greater Statesville Development Corporation Board (GSDC) and the South Iredell Community Development Corporation (SICDC) Board. MOTION by Commissioner Tice to approve the committee assignments as presented. VOTING: Ayes — 4; Nays — 0. 2 OTHER BUSINESS CHANGES AT THE EMERGENCY COMMUNICATIONS OPERATIONS & MANAGEMENT DEPARTMENT (ECOM): County Manager Mashburn advised that David Martin, the Director for the ECOM Department, would be invited to the December 17 meeting to update the board on the findings of the Communications Task Force. BOARD SEATING ARRANGEMENT: On Chairman Johnson's immediate right-hand side will be seated Vice Chairman Williams followed by the replacement for Karen B. Ray. On the left of Chairman Johnson, Commissioner Norman will be seated, followed by Commissioner Tice. ADJOURNMENT: Chairman Johnson lmotioned| for adjournment at 11:21 a.m. NEXT MEETING: Tuesday, December 3, 2002, 5:00 p.m. and 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes — 4; Nays — 0. 4 yn Approved: Abkeee ties Lo ae T Ué« mL 77) ee 3 ff Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES DECEMBER 3, 2002 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, December 3, 2002, at 5:00 p.m., in the Iredell County Government Center (South Wing Conference Room), 200 South Center Street, Statesville, NC. Present were: Chairman Steve D. Johnson Vice Chairman Godfrey Williams Marvin Norman Sara Haire Tice Staff present were: | County Manager Joel Mashburn, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, County Assessor Brent Weisner, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. REQUEST FROM THE IREDELL-STATESVILLE SCHOOL SYSTEM FOR APPROVAL TO PURCHASE PROPERTY FOR A NEW MIDDLE & ELEMENTARY SCHOOL COMPLEX: Terry K. Haas, the Finance Officer for the Iredell-Statesville School System, requested permission to purchase 104 acres of property located at the corner of Wallace Springs Road and Arey Road in western Iredell County. County Finance Director Blumenstein said $1.5 million was available for the school system out of the Series 2000 Installment Payment Revenue Bonds. She also said that in January of this year the school system had explained the need for a new middle school in the western part of the county. REQUEST FOR A_ DISCUSSION/DECISION REGARDING AN INVITATION FROM LINCOLN COUNTY TO DISCUSS WATER SUPPLY NEEDS IN THE FUTURE: County Manager Mashburn said officials from the county had been invited to a water supply needs forum to be held on Tuesday, December 10, 2002 in Lincolnton. Mr. Mashburn said he had a prior engagement on this date and would not be able to attend. He asked if any board members desired to attend, or if a staff person should represent the county. The board members decided to delete the matter from the agenda, advise the Lincoln County officials that no one would be able to attend, and to request that if follow-up meetings occurred that Iredell County be informed about them. WINTER STORM WARNINGS: The county manager said that in the event of bad weather conditions, county offices remained open unless he authorized a schedule deviation. He said before any changes occurred, however, clearance would be obtained from the chairman of the board. ADJOURNMENT: Chairman Johnson adjourned the briefing session at 6:15 p.m. f Approved: Alf. aia whee 17 ae WE yl Jae Uf Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES FOR THE INCUMBENT BOARD MEETING MONDAY, DECEMBER 2, 2002 (9:00 A.M.) The Iredell County Board of Commissioners met at 9:00 a.m., on Monday, December 2, 2002, in the Iredell County Government Center, at 200 South Center Street, Statesville, NC. (This was the final meeting of the incumbent board.) Those present were: Sara Haire Tice, Chairman Karen B. Ray, Vice Chairman Tommy E. Bowles Steve D. Johnson R. Godfrey Williams Staff present: Joel Mashburn, County Manager Bill Pope, County Attorney Susan Blumenstein, Finance Director Jean C. Moore, Clerk to the Board CALL TO ORDER by Chairman Tice. INVOCATION by Commissioner Bowles. PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC HEARING Refinancing of an Installment Financing Agreement Regarding Outstanding Certificates of Participation (1992 Iredell-Statesville School Projects): The Chairman announced that this was the hour and day fixed by the Board of Commissioners for the public hearing upon the proposed refunding, pursuant to an installment financing agreement (the "Installment Financing Agreement") with the Iredell County Public Facilities Corporation, a North Carolina non-profit corporation, of certain 1992 Certificates of Participation in order to achieve debt service savings, and that the Board of Commissioners would hear anyone desiring to be heard with respect to the Installment Financing Agreement and such 1992 Certificates of Participation to be refunded thereby. Finance Director Blumenstein said that in 1992, Certificates of Participation (COPSs) were issued for the construction of East Iredell Middle and the renovations/construction at Statesville Middle, West Middle, and Brawley Middle Schools. She said the remaining COPs balance was $6,720,000 at an average coupon rate of 6.25% and a maturity date of June 1, 2007. Blumenstein recommended the refinancing/refunding of the bonds by issuing one new bond to Bank of America at an interest rate of 2.85%, a maturity date of June 1, 2007, and a net present value savings of $328,309. Mrs. Blumenstein said no new money would be involved in the transaction. No one appeared, either in person or by attorney, to be heard with respect to the Installment Financing Agreement. Thereupon, the Chairman introduced the following resolution, a copy of which had been provided to each Commissioner. RESOLUTION MAKING CERTAIN FINDINGS AND DIRECTING THE FILING OF AN APPLICATION FOR APPROVAL BY THE LOCAL GOVERNMENT COMMISSION OF AN INSTALLMENT FINANCING AGREEMENT TO FINANCE THE REFUNDING OF 1992 CERTIFICATES OF PARTICIPATION BE IT RESOLVED by the Board of the Commissioners for the County of Iredell, North Carolina: Section 1. The Board of Commissioners does hereby find, determine and declare as follows: (a) The County of Iredell, North Carolina (the "County") proposes to finance the refunding of $6,720,000 Certificates of Participation (1992 Iredell-Statesville Schools Projects) (the “1992 Certificates”) executed and delivered by Iredell County Public Facilities Corporation (the “Corporation”), pursuant to an installment financing agreement (the “Installment Financing Agreement”) with the Corporation under which the Corporation will finance the refunding of the 1992 Certificates, and the County will make Installment Payments (as defined in the Installment Financing Agreement) in amounts sufficient to pay the principal of and interest on the Installment Payment Revenue Refunding Bond (Iredell County School Projects), Series 2002 (the “2002 Bond”), to be issued and sold by the Corporation to refund the 1992 Certificates, it being the express intention of the Board of Commissioners that only the principal amount of the 2002 Bond necessary to accomplish the purposes stated in the Installment Financing Agreement will be issued (estimated not to exceed $6,000,000 principal amount). (b) Based on advice from the County’s financial advisor as to current tax- exempt interest rates, the sums to fall due under the Installment Financing Agreement are not excessive for its stated purpose. (c) The County Attorney has rendered an opinion that the proposed undertaking is authorized by law and is a purpose for which public funds may be expended pursuant to the Constitution and laws of the State of North Carolina. (d) The Installment Financing Agreement, under the circumstances presently obtaining, is preferable to a general obligation bond issue for this purpose. The County’s current fund balance is, in light of other requirements and prudent fiscal management, insufficient to refund the 1992 Certificates, the County does not have the ability to issue sufficient non-voted bonds under the provisions of Article V, Sec. 4 of the North Carolina Constitution, for the purposes of refunding the 1992 Certificates, and voting general obligation bonds for this purpose will result in unacceptable delay and additional cost to the County. (e) The estimated cost of refunding the 1992 Certificates pursuant to the Installment Financing Agreement compares favorably with an estimate of similar cost for general obligation bond financing therefor. (f) The debt management policies of the County have been carried out in strict compliance with law, including the filing of all required audits and reports with the Local Government Commission, and the County is within its statutory debt limit and is not in default with respect to any of its outstanding indebtedness. (g) The County estimates that no increase in the property tax rate will be required to raise sums to pay the estimated debt service to fall due under the Installment Financing Agreement for its stated purpose. (h) The County has made timely payment of all sums owed by it with respect to the payment of principal of and interest on all of its outstanding debt obligations and has received no notice from the Local Government Commission or any holder concerning the County’s failure to make any required payment of debt service. Section 2. The Local Government Commission is hereby requested to approve the proposed Installment Financing Agreement pursuant to the provisions of Article 8 of Chapter 159 of the General Statutes of North Carolina, and the Director of Finance and Administration is directed to complete and file all applications and execute all other documents required in connection with obtaining such approval. Section 3. All actions heretofore taken by the Director of Finance and Administration in connection with the Installment Financing Agreement and the 2002 Bond, including retaining bond counsel, selecting a financial advisor and a trustee and soliciting proposals from banks for the direct placement of the 2002 Bond, are hereby ratified and confirmed. Section 4. This resolution shall take effect immediately upon its passage. Upon a of Commissioner Johnson, seconded by Commissioner Williams, the foregoing resolution was passed by the following vote: Ayes: Commissioners Sara Haire Tice, Karen B. Ray, Tommy E. Bowles, Steve D. Johnson, and R. Godfrey Williams. Noes: 0 Chairman Tice announced that the foregoing resolution had been adopted. * * * * a REQUEST FOR APPROVAL OF THE NOVEMBER 19, 2002 MINUTES: IMOTION by Commissioner Bowles to adopt the referenced minutes. VOTING: Ayes — 5; Nays — 0. PRESENTATION OF A PLAQUE TO COMMISSIONER TOMMY E. BOWLES: Commissioner Bowles, first elected in 1998 for a two-year term, and elected in 2000 for two more years, was presented a plaque for his service to Iredell County. Mr. Bowles did not seek another term of office in the 2002 election. PRESENTATION OF A PLAQUE TO VICE CHAIRMAN KAREN B. RAY: Commissioner Ray was presented with a plaque for her two years of service. Mrs. Ray, elected in 2000 for a four-year term, resigned from the board of commissioners after being elected to the North Carolina General Assembly (95"" House District). ADJOURNMENT OF THE FINAL MEETING OF THE 2000-2002 BOARD OF COUNTY COMMISSIONERS: At 9:20 a.m., Chairman Tice motioned) for adjournment of the final meeting of the 2000-2002 Iredell County Board of Commissioners. VOTING: Ayes — 5; Nays — 0. fi Approved: Ake Ceontis {740% Va aH C Zor Ui / J Clerk to the Board 4 IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES DECEMBER 17, 2002 The Iredell County Board of Commissioners met in Regular Session on Tuesday, December 17, 2002, at 7:00 p.m., in the Iredell County Government Center (Commissioners’ Meeting Room), 200 South Center Street, Statesville, NC. Present were: Chairman Steve D. Johnson Vice Chairman Godfrey Williams Marvin Norman Sara Haire Tice (Vacancy due to Resignation of Karen B. Ray) Staffpresent were: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. INVOCATION by Chairman Johnson. PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Johnson to approve the agenda with the following revisions. Additions: * Request of Charles Kelly to address the board (three minutes allotted). Request for Wendy Workman to be appointed as the Acting Clerk to the Board for the Purpose of Signing the Final Documents Pertaining to the 1992 Certificates of Participation Request for the Establishment of New Dates for the Winter Planning Session (Thursday, February 13 (evening dinner meeting with legislators), Friday, February 14 (all day) and Saturday, February 15 (2 day) * Request from the Health Department for Approval of a Vaccination Fee Schedule Adjustment * Request for the Relocation of the Elections Office to the Bondurant Building (Stockton Street, Statesville, NC) on a Temporary Basis * Closed Session for the Purpose of Discussing Property Acquisition - G.S. 143-318.11(a) (5) — Property Acquisition * Request from Mitchell Community College to be Included in the Next Certificates of Participation Issuance (This request was originally scheduled as an appointment before the board, but it was later placed on the consent agenda.) Deletions: Presentation from David Martin Regarding the Communications Task Force (The presentation occurred at the briefing session.) VOTING: Ayes — 4; Nays — 0. PRESENTATION BY MR. BUTCH BELL, CHAIRMAN OF THE IREDELL COUNTY REPUBLICAN PARTY Mr. Bell said the Executive Committee for the Iredell County Republican Party recently met to respond to the board of commissioner’s request for a recommendation on a replacement for former commissioner, Karen B. Ray. (Ray, a Republican, resigned on December 2, 2002, after being elected to the North Carolina House of Representatives). Bell said the committee was recommending Alice Stewart for Ray’s position. Mr. Bell said Stewart placed fourth in the September primary, and she placed third in 17 out of the 26 precincts (2,850 votes). He said Stewart was well qualified due to her 16 years of past experience on the board of commissioners. Bell said Stewart spent her money, used her time, and risked her reputation in seeking office during the past election. Mr. Bell said some individuals had been saying the commissioners should be elected by districts. Bell said he wasn’t in favor of the district method, but if this argument were used, the board currently had a member from Mooresville, Statesville, Troutman and north Iredell. He said Stewart resided in west Iredell, and this would cover all sections of the county. PRESENTATION OF A PETITION FROM ALICE FORTNER REGARDING THE VACANCY ON THE IREDELL COUNTY BOARD OF COMMISSIONERS Alice Fortner said she actually did not have a petition, but she wanted to recommend Steve Robinson, the City Executive for Piedmont Bank (a subsidiary of Yadkin Valley Bank & Trust) for the board vacancy. Fortner said Robinson had never run for a public office, but he had a great deal of financial experience. Lori Ferguson said she was a west Iredell resident, and she recommended Steve Robinson for the position. Bill Long, the President & CEO of Yadkin Valley Bank & Trust, recommended Steve Robinson as the replacement. Long said that in 1989, when he was chairman of the Statesville Chamber of Commerce, he worked with the Mooresville Chamber president in an effort to eliminate some of the divisiveness between the northern and southern areas of the county. Long said Robinson was a man of absolute integrity, extreme honesty, and fairness. Tom Alexander recommended Steve Robinson for the position. Bill Thunberg said the board members were elected to make the decisions, but he wanted to recommend Steve Robinson for the vacancy. Danny Hearn said he was representing the Statesville and Mooresville Chambers of Commerce. He recommended that a resident from south Iredell, with a business background, be chosen for the position. He said the business sector paid 60% of the taxes in the City of Statesville, and this group should have a voice in the matter. Bill Newell, Jr., said the recommendation from the Republican Party was not binding, and that geography should be considered when making the decision on Ray’s replacement. Newell said he owned three businesses, and he felt the recommendation from the two chambers should be considered. He recommended Robinson for the vacancy. DELEGATION OF COUNTY CITIZENS DESIRING TO SPEAK ON BEHALF OF ALICE STEWART & THE VACANCY ON THE IREDELL COUNTY BOARD OF COMMISSIONERS Gene Houpe said he owned businesses in Statesville and Mooresville, and he wanted to recommend Alice Stewart for the vacancy. Houpe said Robinson did not seek public office during the past election, but Stewart did, and finished third in 19 of 25 precincts in the county. Houpe said he didn’t think the commissioners could find a person with more honesty and integrity than Alice Stewart. Steve Benfield recommended Stewart for the position. He said that if Mr. Robinson had wanted the position, he should have filed for the office and paid his dues. Benfield also said that if the chambers wanted a commissioner, they should endorse a candidate in the 2004 election. Paul Hutchinson said he changed his political affiliation from democrat to unaffiliated in order to work for some of the candidates. Hutchinson recommended the appointment of Alice Stewart. Tim Kinney said Alice Stewart had lost the commissioners’ race, but she had won due to at least being on the ballot. He said Stewart finished fourth in the commissioners’ race, and the board should follow procedures. Mr. Kinney said the commissioners should represent everyone -- not just the two chambers and their special interest groups. He said there were many large businesses that chose not to join a chamber of commerce. Kinney said democracies existed due to the process of “electing people -- not by appointing people, especially the ones with personal agendas.” PRESENTATION BY MR. CHARLES KELLY Charles Kelly, an unsuccessful county commissioner candidate during the 2002 election, said that if an impasse occurred (two-two deadlock on the selection of a replacement), he would like to be considered for the position. Kelly said he would represent all parts of the county. Chairman Johnson asked the county attorney to clarify the statute regarding vacancies on the board of commissioners. Attorney Bill Pope said the statutes did not offer much guidance. He said G.S. 153-27 said that if the vacancy was not filled within 60 days, the clerk to the board would report the vacancy to the clerk of superior court. Pope said the clerk of court would then be required to fill the vacancy within ten days. Mr. Pope continued by saying the statute said the commissioners, or the clerk of court, “shall consult the county executive committee of the appropriate political party before filling a vacancy, but neither the board nor the clerk of superior court is bound by the committee’s recommendation.” RULES OF PROCEDURES GUIDING THE SELECTION OF A PERSON TO FILL THE VACANCY Commissioner Williams said a clear understanding and method should be found for the election of a person for the vacancy. He suggested that each person be brought up individually and voted upon one-at-a-time. Williams said that with a four-member board, there was the possibility of a tie vote, and if this occurred, the commissioners in opposition should be allowed to bring the candidate up again for a second vote. Commissioners Tice and Norman agreed with Williams. Chairman Johnson said he was understanding that each candidate should be voted upon, individually, and that if the person received two votes in the affirmative and two votes in the negative, that this person would not be precluded from being nominated again at some time in the future. He said the board’s rules of procedures stipulated that if a motion failed, that a motion for reconsideration had to be from someone on the prevailing side. (A person not voting for a candidate would have to place the person’s name back in the selection process.) Mr. Johnson said the rules of the procedure for the board (page nine) discussed the method for appointments to subordinant boards. He said that even though he understood the procedure was for subordinant boards, it could still apply to the selection of a replacement. Williams said he was trying to have a procedure in place in case there was a two-two vote. Chairman Johnson said Robert's Rules of Order stated that “all nominations shall be made and voted upon.” Commissioner Tice said she understood the county manager had discussed the matter with a staff person at the Institute of Government. She asked the manager if he had additional information. County Manager Mashburn said he basically received the same information that was given by Mr. Pope -- the statutes did not offer much guidance. Williams asked what would happen if at the next meeting, Alice Stewart received two votes and Steve Robinson received two votes. He asked if a compromise candidate could be named. Commissioner Tice said that if the board chose the same method used in 1989, additional candidates could not be used. (In 1989, Commissioner Jessie Crosswhite resigned to accept the position of Register of Deeds.) Attorney Pope said that if the board used the procedure for subordinant boards, additional candidates could not be named and voted upon. He said the board, however, could suspend the rules. Commissioner Williams said the board members should elect a person for the vacancy and the burden should not be shifted to the clerk of superior court. He said that if an impasse occurred, he wanted an alternative. Attorney Pope said a suspension to the rules of procedure could occur at anytime; however, it would need three votes. by Chairman Johnson to adopt the Rules of Procedures already in place, as they relate to subordinant boards, in regards to the board vacancy. Commissioner Williams asked if the motion could include a provision for the suspension of the rules of procedure, should an impasse occur. Commissioner Tice said she felt each candidate should be considered separately and voted upon one at a time. Johnson said he would retain his original motion. VOTING: Ayes -—2 (Johnson/Williams), Nays — 2 (Tice/Norman). (Motion failed) by Commissioner Williams to adopt the following as the procedural rule for the appointment of a replacement for the board vacancy: To allow each candidate to be voted upon individually, and in the case of a tie vote, that someone from the prevailing side would have to bring the candidate’s name back up to break the tie. VOTING: Ayes — 3; Nays - 1 (Johnson). by Commissioner Tice to act upon the board vacancy at the January 7, 2003 meeting. VOTING: Ayes — 4; Nays — 90. PRESENTATION BY MR. RICHARD TREXLER REGARDING A VOLUNTEER FIRE DEPARTMENT STUDY Fire Marshal Chuck Gallyon introduced Richard Trexler, the retired Chief of the Colfax Fire Department in Greensboro, NC. Gallyon said Trexler had been hired as the consultant to study the needs of the volunteer fire departments. Trexler, an employee of Emergency Services and Consulting Group (ESCG), said the purpose of the report was to review and analyze the apparatus, the equipment, and the facilities that provided volunteer fire protection, and to assess the delivery of the services, and the future needs. Mr. Trexler said the study had been completed by conducting interviews, analyzing statistics, reviewing documents, and by the direct observation of the services and apparatus. He said the study’s recommendations were based on National Fire Protection Association Standards and national accreditation criteria, health and safety requirements, federal and state mandates, the North Carolina Response Rating Survey, and generally accepted practices within the fire and emergency services. Trexler recommended that a “strategic planning session” be held with all of the groups listed in the study, along with the Statesville and Mooresville fire departments. Commissioner Williams requested that Mr. Trexler be allowed to share additional information about the study during the Winter Planning Session. PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Request for Approval of an Ordinance Designating a Structure and Property known as the Houston House, Located at 1829 Mecklenburg Hwy., in the Coddle Creek Township, Iredell County, North Carolina as Historic Property: Lewis Alexander, the Chairman of the Historic Properties Commission, said the structure under consideration for the designation as a historic property was a late Federal style home built 1818 by James Howard Houston. Alexander said the home owners could seek a fifty percent tax deferment if the property had the historic designation. No one else chose to speak, and Chairman Johnson adjourned the hearing. by Commissioner Norman to adopt the following ordinance designating the Houston House as historic property. VOTING: Ayes — 4; Nays — 0. An Ordinance Designating a Structure and Property known as the Houston House located at 1829 Mecklenburg Highway in the Coddle Creek Township, Iredell County, North Carolina as Historic Property WHEREAS, all the prerequisites to the adoption of this ordinance prescribed in part 3C Article 19, Chapter 160A-400.6 and 400.5 of the North Carolina General Statutes have been met; and WHEREAS, the Board of County Commissioners has taken into full consideration all statements and information presented at the joint public hearing with the Iredell Historic Properties Commission on the 17” day of December 2002, on the question of designating the Houston House with 1.59 acres of land as outlined on the Iredell County Tax Map, as Historic Property; and WHEREAS, the Iredell Historic Properties Commission has demonstrated the historic significance of the building and property; and WHEREAS, the Division of Archives and History of the North Carolina Department of Cultural Resources has endorsed the finding of the Iredell Historic Properties Commission. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Iredell County, North Carolina: 1. That the structure and surrounding property at 1829 Mecklenburg Highway known as the Houston House, Coddle Creek Township, Iredell County, North Carolina is hereby designated as historic property pursuant to Chapter 160-A 400.6 and 160-A 500.5 of the General Statutes of North Carolina. This property is currently owned by Charles G. & Charlene Z. Moore, 1829 Mecklenburg Highway, Mooresville, North Carolina 28il5. For purposes of description only, the location of said property and structure is noted as being situated on a tract of property more specifically described in Deed Book 1115, page 961 of the Iredell County Registry. ee That the said building and property which was designated as historic property may be materially altered, restored, moved or demolished only following the issuance by the Iredell Historic Properties Commission of a certificate of appropriateness or the lapse of one year in accord with the procedures of Sec. 10-176 of the Historic Properties Ordinance. _ That nothing in this ordinance shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature or on the said structure or property that does not involve a change in design, material, or outer appearance thereof, nor to prevent the construction, reconstruction, alteration, restoration, demolition, relocation, or removal of any such feature when a building inspector or similar official certifies to the commission that the action is required for the public safety because of an unsafe condition. Nothing herein shall be construed to prevent the property owner from making any use of this property not prohibited by other statutes, ordinances, or regulations. 4. That a suitable sign shall be posted indicating the said structure and properties’ designation as historic property and containing any other appropriate information. If the owner objects, the sign shall be placed on a nearby public right of way. h 2 That the owner of the structure and property known as the Houston House be given notice of this ordinance as required by application law and copies of this ordinance be filed and indexed 5 in the offices of the county clerk, Iredell County Register of Deeds, Building Department, and Tax Supervisor as required by applicable law. Chairman Johnson declared the meeting to be in a public hearing. Consideration of an Application for a Community Development Block Grant (CDBG) from the North Carolina Division of Community Assistance in the Amount of $400,000: Steve Austin, with the Benchmark Consulting agency, said this was the second of two public hearings needed to obtain scattered-site housing grant funds. Austin said an application had been prepared with a distribution plan that targeted assistance for the elderly and disabled along with individuals with incomes lower than the area’s average median income. He said all municipalities would have to sign a participation agreement, and a recipient selection committee would have to be established. In return for the assistance, he said the State would require the county to place liens on the renovated property for up to eight years, dependent upon the amount of money used in the improvements. Austin said the lien would be a zero percent amortizing deferred loan, and it was done to prevent homeowners from selling the homes once improved. No one else desired to speak and Chairman Johnson adjourned the hearing. MOTION by Commissioner Tice to: Approve the Community Development Block Grant application for $400,000. : Establish the scattered-site housing program selection committee. 3. Agree to permit the Statesville Housing Authority to serve as the administrator for the grant. VOTING: Ayes — 4; Nays — 0. Consideration of the Local Business Plan being developed as a Response to the State Plan and the Passage of the Mental Health System Reform Bill (House Bill 381): David Swann, the CEO and Area Director for Crossroads Behavioral Healthcare, said six of the ten sections of Local Business Plan had been completed. He said April 1, 2003 was the due date for the other four sections. Swann said the major changes were: * Recipients of publicly funded services would have to meet state defined target population criteria (most in need) to receive such services. * Crossroads would remain a public entity, but direct care services would be privatized. * Crossroads would become a Local Managing Entity and use managed care principles to authorize and approve the care provided to the targeted individuals. * Crossroads would attempt to recruit providers to employ the current Crossroads employees. * Crossroads would develop new services to be delivered by the providers. ¢ Other community services would be encouraged to serve the non-target population. * Persons not eligible under the new target population criteria would be transitioned to other providers. * Persons eligible for services would be transitioned to private providers over a three-year period of time through June 30, 2006. Attorney Pope asked if the need, as defined in the target population, was medical or financial. Swann said it was a medical necessity need, and it was based upon the severity of the illness, the diagnosis, and functional ability within the community. Jo Quinn-Murphy said the target population would be the individuals functioning under 50 percent in the community. She said the others would have to receive services from the private sector. Ms. Murphy said she understood “money was tight, but the need was great.” Chairman Johnson asked Mr. Swann to explain why the plan was developed. Swann said it was a response to what had been mandated by law. Mr. Swann said he had a serious concern about the individuals not identified in the target population. Chairman Johnson asked Mr. Swann if he would agree that the new reform law was a “backyard attempt to shift the State’s mental health financial responsibilities to the counties.” Swann said he would agree to the statement. John Kopplemeyer, the President of Barium Springs Home for Children, said he was in favor of the plan. He said Barium could assist in delivering services to the families and individuals not included in Crossroads’ targeted population. Commissioner Norman asked how many people could be served at Barium. Kopplemeyer said there were four group homes that could be used for the at-risk population, and there were plans for three more facilities in the next year. He said there was a Family Solutions Program with two counselors and two more would be added next year. Norman asked the total number that could be served. Kopplemeyer said he didn’t have the statistics, but he could obtain them. No one else desired to speak, and Chairman Johnson adjourned the hearing. by Commissioner Williams to endorse the plan by adopting the following resolution, subject to its review and approval by the county attorney and manager. VOTING: Ayes — 4; Nays — 0. Resolution Approving the Local Business Plan to become a Local Managing Entity (Mental Health Reform Bill - Session Law 2001 - 437; House Bill 381) WHEREAS, Crossroads Behavioral Healthcare was established in 1978 to serve the citizens of Surry and Yadkin Counties and since that time, this agency has been recognized throughout the State of North Carolina for providing exemplary behavioral healthcare; and WHEREAS, Crossroads Behavioral Healthcare was expanded to include Iredell County on October 1, 1997 and has since that time continued to provide high quality behavioral healthcare for the citizens of Iredell, Surry and Yadkin Counties; and WHEREAS, the Iredell County Board of Commissioners has determined that the counties of Iredell, Surry and Yadkin Counties shall remain an area authority and submit a Local Business Plan to become a Local Managing Entity; and WHEREAS, the region served by Crossroads Behavioral Healthcare exceeds the population requirements to become a Local Managing Entity; and WHEREAS, the development of the Local Business Plan has involved representation from a broad group of citizens representing the geographic, cultural, and disability experiences of our communities; and WHEREAS, pursuant to G.S. 122C-2 and within available resources it is the obligation of the State and local government to provide mental health, developmental disabilities, and substance abuse services; and WHEREAS, the implementation of the Local Business Plan will be a dynamic process involving adaptations in the plan over the next three years to obtain the maximum quality, accessibility and value from the service delivery system. NOW. THEREFORE BE IT RESOLVED that the Iredell County Board of Commissioners, on behalf of the Area Authority, approves the Local Business Plan and recommends it to the other boards of commissions and to the consumers and citizens of our communities as the model for delivering community services. keene (Note: Commissioner Williams said two members of Crossroads’ Consumer and Family Advisory Committee were in the audience. They were Dottie Harrison and Cecil Mayor.) Chairman Johnson declared the meeting to be in a public hearing. Consideration of a Refinancing Pursuant to an Installment Financing Agreement of a Portion of the Outstanding Installment Payment Revenue Bonds (Iredell County Schools Projects) Series 2000: The Chairman announced this was the hour and day fixed by the Board of Commissioners for the public hearing upon the proposed refunding, pursuant to a first supplemental installment financing agreement (the "Installment Financing Agreement") with Iredell County Public Facilities Corporation (“the Corporation”), a North Carolina non-profit corporation, of a portion of the Corporation’s outstanding Installment Payment Revenue Bonds (Iredell County School Projects), Series 2000 (“the 2000 Bonds”), in order to achieve debt service savings, and that the Board of Commissioners would hear anyone who wished to be heard with respect to the Installment Financing Agreement and the 2000 Bonds to be refunded. Finance Director Blumenstein said that in July of 2000, the board issued $38,180,000 in Installment Payment Revenue Bonds for school construction (Lake Norman High School, Phase Il of Lakeshore Middle School, a new building at Mooresville High School and other renovations). She said that because the interest rates had dropped since July 2000, the Bank of America’s Securities had submitted a plan where it was believed that if the market remained where it had been there was a potential savings of approximately one million dollars on the maturities due in 2012 through 2020. Blumenstein said the bond counsel had given a favorable opinion on the financing, as did a separate financial advisor. Attorney Pope said that in the past, the county had chosen a fixed bond rate route on the bonds. He said this financing used a variable rate that would change every week, but this type had to be used to make the bonds marketable. Pope said the county’s interests would be protected due to a “swap” or “the locking in of its risk.” He said the county’s exposure was capped, and a worse case scenario would be that the county would not be any worse off than it already was at the present. Mr. Pope said the best case scenario would be the county might save a million dollars. He said, however, the probable scenario would be the county would save a lot of money, but not a million dollars. Thereupon, the Chairman introduced the following resolution, a copy of which had been provided to each Commissioner, which was read by title and summarized by the Finance Director. RESOLUTION MAKING CERTAIN FINDINGS AND DIRECTING THE FILING OF AN APPLICATION FOR APPROVAL BY THE LOCAL GOVERNMENT COMMISSION OF AN INSTALLMENT FINANCING AGREEMENT TO FINANCE THE REFUNDING OF A PORTION OF OUTSTANDING INSTALLMENT PAYMENT REVENUE BONDS BE IT RESOLVED by the Board of the Commissioners for the County of Iredell, North Carolina: Section 1. The Board of Commissioners does hereby find, determine and declare as follows: (a) The County of Iredell, North Carolina (the "County") proposes to finance the refunding of a portion of the outstanding Installment Payment Revenue Bonds (Iredell County School Projects), Series 2000 (the ‘‘2000 Bonds”’) issued by Iredell County Public Facilities Corporation (the “‘Corporation”’), pursuant to a first supplemental installment financing agreement (the ‘Installment Financing Agreement”) with the Corporation under which the Corporation will finance the refunding of a portion of the 2000 Bonds, and the County will make Installment Payments (as defined in the Installment Financing Agreement) in amounts sufficient to pay the principal of and interest on the Installment Payment Revenue Refunding Bonds (Iredell County School Projects), Series 2003 (the ‘2003 Bonds”), to be issued and sold by the Corporation to refund a portion of the 2000 Bonds, it being the express intention of the Board of Commissioners that only the principal amount of the 2003 Bonds necessary to accomplish the purposes stated in the Installment Financing Agreement will be issued (estimated not to exceed $21,000,000 principal amount). (b) Based on advice from the County's investment bankers as to current tax-exempt interest rates, the sums to fall due under the Installment Financing Agreement are not excessive for its stated purpose. (c) The County Attorney has rendered an opinion that the proposed undertaking is authorized by law and is a purpose for which public funds may be expended pursuant to the Constitution and laws of the State of North Carolina. (ad) The Installment Financing Agreement, under the circumstances presently obtaining, is preferable to a general obligation bond issue for this purpose. The County's current fund balance is, in light of other requirements and prudent fiscal management, insufficient to refund the portion of the 2000 Bonds the County deems appropriate, the County does not have the ability to issue sufficient non-voted bonds under the provisions of Article V, Sec. 4 of the North Carolina Constitution, for the purposes of refunding such portion of 2000 Bonds, and voting general obligation bonds for this purpose will result in unacceptable delay and additional cost to the County. (e) The estimated cost of refunding a portion of the 2000 Bonds pursuant to the Installment Financing Agreement compares favorably with an estimate of similar cost for general obligation bond financing therefor. ) The debt management policies of the County have been carried out in strict compliance with law, including the filing of all required audits and reports with the Local Government Commission, and the County is within its statutory debt limit and is not in default with respect to any of its outstanding indebtedness. (g) The County estimates that no increase in the property tax rate will be required to raise sums to pay the estimated debt service to fall due under the Installment Financing Agreement for its stated purpose. (h) The County has made timely payment of all sums owed by it with respect to the payment of principal of and interest on all of its outstanding debt obligations and has received no notice from the Local Government Commission or any holder concerning the County’s failure to make any required payment of debt service. Section 2. The Local Government Commission is hereby requested to approve the proposed Installment Financing Agreement pursuant to the provisions of Article 8 of Chapter 159 of the General Statutes of North Carolina, and the Director of Finance and Administration is directed to complete and file all applications and execute all other documents required in connection with obtaining such approval. Section 3. All actions heretofore taken by the Director of Finance and Administration in connection with the Installment Financing Agreement and the 2003 Bonds, including retaining bond counsel and selecting a financial advisor, investment bankers and a trustee are hereby ratified and confirmed. Section 4. This resolution shall take effect immediately upon its passage. Upon a motion] of Commissioner Norman, the foregoing resolution was passed by the following vote: Ayes: - 4; Nays - 0. The Chairman thereupon announced that the foregoing resolution had been adopted. Thereupon the Chairman introduced the following resolution, a copy of which had been provided to each commissioner, which was read by title and summarized by the Finance Director. RESOLUTION AUTHORIZING THE COUNTY TO ENTER INTO AN INTEREST RATE SWAP TRANSACTION AND AUTHORIZING THE DIRECTOR OF FINANCE AND ADMINISTRATION TO FILE AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION FOR THE APPROVAL THEREOF BE IT RESOLVED by the Board of Commissioners for the County of Iredell, North Carolina: Section 1. The Board has determined and does hereby find and declare as follows: (a) Under date of July 1, 2000, Iredell County Public Facilities Corporation (the “Corporation”) issued its $38,180,000 Installment Payment Revenue Bonds (Iredell County School Projects), Series 2000 (the ‘Series 2000 Bonds”) for the purpose of financing various school improvements. (b) The Series 2000 Bonds are payable from Installment Payments made by the County under the Installment Financing Agreement, dated as of July 1, 2000, between the Corporation and the County. (c) Under current conditions obtaining in the tax-exempt bond market, the County has been advised by finance professionals that the County can achieve significant debt service savings by (i) arranging for the Corporation to issue variable rate refunding bonds to advance refund a portion of the Series 2000 Bonds and (ii) simultaneously entering into an interest rate swap agreement in order to create a synthetic fixed rate on the refunding bonds. (d) The County can achieve this economic result by entering into an interest rate swap agreement (a “Swap Agreement”) with a qualified provider (a “Counterparty”). Under such an agreement, the Counterparty will agree to make, for the period ending on the date the refunded Series 2000 Bonds are redeemed (June 1, 2010), variable interest rate payments based upon the lesser of (1) the then current tax-exempt variable rate on the variable rate refunding bonds and (2) a specified percentage of LIBOR (London Interbank Offered Rate) or another established rate on a notional amount corresponding to the principal amount of the variable rate refunding bonds, and, after such date, a specified percentage of LIBOR or another established rate, and the County will agree to pay the Counterparty fixed rate interest payments on the same notional amount. Section 2. Subject to the limitations set forth in this resolution, the Director of Finance and Administration of the County is hereby authorized to negotiate on behalf of the County an arrangement for a Swap Agreement for an interest rate swap with respect to said refunding bonds from a variable rate of interest to a fixed rate. The Swap Agreement shall be substantially in the form of the International Swap Dealers Association Inc. Master Agreement, the form of which has previously been provided to the Director of Finance and Administration, with such changes as shall be negotiated by the County. The notional amount with respect to which the Swap Agreement payments shall relate shall not exceed $21,500,000 and the fixed interest rate payable by the County to the Counterparty under the Swap Agreement shall not exceed 3.5% per annum. The County Manager or the Director of Finance and Administration is hereby authorized to execute and deliver the final Swap Agreement on behalf of the County. Section 3. The Director of Finance and Administration is hereby authorized to file an application of the County with the North Carolina Local Government Commission for approval of the County's entering into a Swap Agreement under the terms set forth in this resolution, and the North Carolina Local Government Commission is hereby requested to approve the same. In connection with the Local Government Commission's consideration of such application, the Board makes the following findings and determinations: (a) The annual audits of the County show the County to be in strict compliance with debt management policies and that the budgetary and fiscal management policies are in compliance with law. (b) Entering into a Swap Agreement is expedient for the County. (c) No increases in taxes are expected to be necessary to enable the County to make the payments expected to be required with respect to the Swap Agreement. Section 4. Efficient Capital Corporation is hereby authorized to act as Financial Advisor to the County with respect to the Swap Agreement authorized hereby. Section 5. Bank of America, N.A. is hereby approved as the Counterparty under the Swap Agreement. Section 6. The County Manager, the County Attorney, the Director of Finance and Administration and the Clerk to the Board of Commissioners are each hereby authorized to execute on behalf of the County the various certificates, proofs, instruments or other documents to be executed in connection with the delivery of the Swap Agreement. All actions previously taken by the County and its representatives in connection with the subject swap are hereby ratified and approved. Section 7. This resolution shall take effect immediately upon its passage. Upon a of Commissioner Williams, the foregoing resolution was passed by the following vote: Ayes: 4; Nays - 0. The Chairman thereupon announced that the foregoing resolution had been adopted. Request for Approval of the Final Documents Regarding the Refinancing of the 1992 Certificates of Participation (COPS) & to Appoint Wendy Workman as the Acting Clerk to 10 the Board for the Document Signatures: Finance Director Blumenstein said a resolution was needed to approve the sale by the Iredell County Public Facilities Corporation of the referenced installment payment revenue bond. She said the remaining portions of the 1992 Certificates of Participation would be refunded with a fixed rate of 2.85% from the Bank of America, and the closing was scheduled for December 27. by Commissioner Williams to approve the following resolution pertaining to the 1992 Certificates of Participation and to appoint Wendy Workman as the Acting Clerk to the Board for the purpose of executing the final documents. VOTING: Ayes — 4; Nays — 0. RESOLUTION APPROVING THE SALE BY THE IREDELL COUNTY PUBLIC FACILITIES CORPORATION OF AN INSTALLMENT PAYMENT REVENUE BOND PAYABLE FROM CERTAIN INSTALLMENT PAYMENTS TO BE MADE BY T: HE COUNTY OF IREDELL, NORTH CAROLINA APPROVING A PROPOSED INSTALLMENT FINANCING AGREEMENT TO FINANCE THE COST OF REFUNDING 1992 CERTIFICATES OF PARTICIPATION EXECUTED AND DELIVERED BY SAID CORPORATION FOR THE BENEFIT OF SAID COUNTY, APPROVING CERTAIN OTHER DOCUMENTS AND ACTIONS RELA TING THERETO AND AUTHORIZING OTHER OFFICIAL ACTION IN CONNECTION THEREWITH WHEREAS, the County of Iredell, North Carolina (the “County”) has determined that it can achieve significant debt service savings by refinancing its obligations under a certain Installment Financing Agreement, dated as of December 1, 1992, between Iredell County Public Facilities Corporation (the “Corporation”) and the County, through a refunding of the outstanding Certificates of Participation (1992 Iredell-Statesville Schools Project) (the “1992 Certificates”) executed and delivered by the Corporation in order to finance certain school improvements; and WHEREAS, in order to effectuate such plan to refund the 1 992 Certificates, the County and the Corporation have been negotiating certain financing documents and arranging for the negotiated sale by the Corporation of its $5,455,000 Installment Payment Revenue Refunding Bond (Iredell County School Projects), Series 2002 (the “Series 2002 Bond”) payable from Installment Payments to be made by the County pursuant to the Authority granted to the County under Section 160A-20 of the General Statutes of North Carolina; and WHEREAS, the County has determined that it is in the best interests of the County that the County and the Corporation enter into said Installment Financing Agreement to make available to the County funds with which to refund the 1992 Certificates; and WHEREAS, the County has solicited proposals from certain institutional investors for the purchase of the Series 2002 Bond; and WHEREAS, Bank of America, N.A. (the “Purchaser”) has submitted the most favorable offer for the purchase of the Series 2002 Bond, and the County and the Corporation have determined to accept said offer; and WHEREAS, in connection with such refinancing, it is necessary for the County to approve the sale of the Series 2002 Bond by the Corporation, to approve certain other documents relating thereto and to authorize certain action in connection therewith; and WHEREAS, there have been presented at this meeting copies of the following documents relating to the issuance and sale of the Series 2002 Bond: (a) a draft of the Bond Purchase Agreement for the Series 2002 Bond, to be dated as of the date of sale of the Series 2002 Bond (presently estimated to be on or about December 27, 2002), between the Corporation and the Purchaser relating to the purchase by the Purchaser of the Series 2002 Bond; (b) a draft of the proposed Installment Financing Agreement, dated as of December 1, 2002 (the “Installment Financing Agreement”), between the County and the Corporation, pursuant to which the Corporation will make available to the County the funds to be derived from the sale of the Series 2002 Bond with which to refinance the 1992 Certificates, and the County will, among other il requirements, be obligated to make Installment Payments (as defined in the Installment Financing Agreement) and certain other payments; (c) a draft of the proposed Trust Agreement, dated as of December 1, 2002 (the “Trust Agreement”), between the Corporation and First Citizens Bank and Trust Company (the “Trustee”), the provisions of which relate to the issuance of and security for the Bonds (as defined in the Trust Agreement) authorized to be issued thereunder; (d) A draft of the proposed First Supplemental Trust Agreement, dated as of December 2, 2002 (the “First Supplemental Trust Agreement”), between the Corporation and the Trustee, the provisions of which relate to the issuance of the Series 2002 Bond; (e) A draft of the proposed Deed of Trust, to be dated as of December 27, 2002 (the “Deed of Trust”), from the County to PRLAP, Inc., as deed of trust trustee, for the benefit of the Corporation, by which the County will secure its obligations to the Corporation under the Installment Financing Agreement; fp A draft of the proposed Deed of Assignment, dated as of December 27, 2002 (the “Deed of Assignment”), from the Corporation to the Trustee, assigning the Corporation's rights as beneficiary under the Deed of Trust; and (g) A draft of the proposed Escrow Deposit Agreement, dated as of December 1, 2002 (the “Escrow Deposit Agreement”), among the Corporation, the County and First Citizens Bank & trust Company, as escrow agent. BE IT RESOLVED by the Board of Commissioners for the County of Iredell, North Carolina: Section 1. Capitalized words and terms used in this resolution and not defined herein shall have the same meanings in this resolution as such words and terms are given in the Trust Agreement, the First Supplemental Trust Agreement or the Installment Financing Agreement. Section 2. The County hereby approves the sale of the Series 2002 Bond by the Corporation. The Series 2002 Bond shall mature on June 1, 2007 and shall bear interest at the rate of 2.85% per annum, subject to adjustment as provided therein and in the First Supplemental Trust Agreement. The Series 2002 Bond shall be issued in fully registered form. Interest on the Series 2002 Bond shall be payable on June 1, 2003, and thereafter semiannually on each June 1 and December 1 until the Series 2002 Bond is fully paid. Payments of principal of and interest on the Series 2002 Bond shall be made by the Trustee to the registered owner of the Series 2002 Bond in the manner set forth in the Trust Agreement and the First Supplemental Trust Agreement. Section 3. The Series 2002 Bond shall be subject to redemption at the times, upon the terms and conditions, and at the prices set forth in the Trust Agreement and the First Supplemental Trust Agreement. Section 4. The proceeds of the Series 2002 Bond shall be applied as provided in Section 2.04 of the First Supplemental Trust Agreement. Section 5. The forms, terms and provisions of the Installment Financing Agreement, the Trust Agreement, the First Supplemental Trust Agreement, the Deed of Trust, the Deed of Assignment, the Escrow Deposit Agreement and the Bond Purchase Agreement are hereby approved in all respects, and the Chairman or Vice Chairman of the Board of Commissioners, the County Manager, the Director of Finance and Administration, the Clerk or, in the absence or incapacity of the Clerk, any Acting Clerk to the Board of Commissioners and the County Attorney are hereby authorized and directed to execute and deliver the Installment Financing Agreement, the Deed of Trust, the Escrow Deposit Agreement and the Bond Purchase Agreement, in substantially the forms presented at this meeting, together with any changes, modifications and deletions as they, with the advice of counsel, may deem necessary and appropriate, including, but not limited to, changes, modifications and deletions necessary to incorporate the final terms of the Series 2002 Bond as shall be set forth in the Bond Purchase Agreement; such execution and delivery shall be conclusive evidence of the approval and authorization thereof by the County. 12 Section 6. The County hereby approves the award of the Series 2002 Bond to the Purchaser pursuant to the Bond Purchase Agreement. Section 7. The Chairman or Vice Chairman of the Board of Commissioners, the County Manager, the Director of Finance and Administration, the County Attorney and the Clerk or, in the absence or incapacity of the Clerk, any Acting Clerk to the Board of Commissioners are authorized and directed (without limitation except as may be expressly set forth herein) to take such action and to execute and deliver such documents, certificates, undertakings, agreements and other instruments as they, with the advice of counsel, may deem necessary or appropriate to effectuate the transactions contemplated by the Installment Financing Agreement, the Trust Agreement, the First Supplemental Trust Agreement, the Deed of Trust, the Escrow Deposit Agreement and the Bond Purchase Agreement. Section 8. This resolution shall take effect immediately upon its passage. After consideration of the foregoing resolution, Commissioner Williams for the passage thereof, and the foregoing resolution was passed by the following vote: Ayes: 4 Noes: 0 ** * * * CONSENT AGENDA by Commissioner Tice to approve the following 13 consent agenda items. VOTING: Ayes — 4; Nays — 0. 1. Request for Approval of the West Iredell Volunteer Fire Department’s new Substation Boundaries: The approved boundaries are: West Iredell Fire Department 139 North Shady Rest Road Statesville, NC 28677 West Iredell Fire District Iredell County, North Carolina Boundaries Beginning at a point (1) at Kyles Crossroads, the junction of Old Mountain Road and Buffalo Shoals Road, and joining the boundary of Troutman VFD; thence in a southwesterly direction to a Point (2) at the junction of Celeste Eufola and Eufola Road, and joining the boundary of Troutman VFD; thence in a southwesterly direction to a point (3) to intersect with the end of Catfish Drive; thence in a westerly direction to a point (4) to follow the Catawba River to intersect with US 70; thence to follow the Catawa River to a point (5) to intersect with I-40; thence to follow the Catawba River in a northerly direction to point (6) to intersect at the intersection of Lookout Dam Road and Island Ford Road; thence in a northeasterly direction to a point (7) to intersect with the end of Old Lion Road; thence in a northern direction to point (8) to intersect with the end of Rosentom Drive; thence in a northern direction to point (9) to intersect with Stewart Rock Drive two tenths of a mile west of the intersection of Stewart Rock and Sharon School Road and to boundary with Stony Point VFD; thence in an easterly direction to point (10) to intersect with Sharon School Road, County Line Road, and boundary Stony Point VED; thence in a northeasterly direction to point (11) at the intersection of County Line Road and Bolick Road and boundary Stony Point VFD; thence in a southeasterly direction to point (12) one and three tenths mile on Bolick Road from the intersection with County Line Road; thence in a northeasterly direction to point (13) to the intersection of Taft Road and Pressley Farm Road, and boundary with Stony Point VFD; thence in an easterly direction to point (14) to the intersection of Pressley Farm Road and Old Mountain Road, and boundary with Stony Point VFD; thence in an easterly direction to Point (15) to the intersection of Lindsey Farm Road and Miracle Farm Road, and boundary with Stony Point VFD; thence in an easterly direction to point (16) to intersect with US 64, and boundary with Stony Point VFD; thence in an easterly direction to point (17) at the intersection of Odell Road and Marcel Road, and boundary with Stony Point VFD; thence in an easterly direction to point (18) to intersect with NC 90, and boundary with Stony Point VFD and Monticello VFD; thence in a southeasterly direction to 13 ee point (19) at the intersection of NC 90 and Lippard Farm Road, and boundary with Monticello VED; thence in a southeasterly direction to point (20) at the intersection of NC 90 and Woodbridge Road, and boundary with Monticello VFD; thence in a southern direction to point (21) to intersect with US 64 three tenths of a mile west of the intersection of NC 90 and US 64, and boundary with Monticello VFD; thence in a southern direction to point (22) to intersect with Island Ford Road at the Statesville City Limits, and boundary with Statesville Fire Department, thence in a southwesterly direction to point (23) to intersect with 1-40 at the Statesville city limits, and boundary with Statesville Fire Department; thence in a southwesterly direction to point (24) to intersect with the dead end of Brandy Lane, and boundary with Monticello VFD; thence in a southern direction to point (25) at the Third Creek Bridge on US 70, and boundary with Monticello VFD; thence in a southeasterly direction to point (26) at the intersection of Airport Road and the northern end of Parkers Lake Loop Road; thence in a southerly direction to point (1) of the beginning, and to boundary with Troutman VFD. Note 1: The Statesville Airport is property of the City of Statesville, and it is the responsibility of the Statesville Fire Department. Also the tip of Marble Road is the responsibility of Monticello VFD located between points (21) and (22). Crestridge Road, Chal Drive, and Rose St. are also the responsibility of Monticello VFD and are accessed off Westminister Drive and located between points (23) and (24). Note 2: This description describes an area of Iredell County pursuant to G.S. 153A-233 for insurance purposes only. 2. Request for Review of Wheel Loader Bids for the Solid Waste Facility and Approval of the Low Bidder: Purchasing Agent Evie Caldwell, at the briefing, said a new wheel loader was needed for the solid waste tipping floor. She said the county’s existing loader (1993 Caterpillar 950F) had 17,000 hours of use, and it was not feasible anymore to repair it. She said bids were recently received, and the lowest total cost bid was offered by Briggs Equipment Co., for a Case 821 C machine in the amount of $100,224, with tires from Steco, Inc., for $21,428, and a guaranteed maximum repair amount of $10,238, for a total project cost of $131,890. Caldwell said $140,000 was budgeted for the loader. Wheel Loader Bid Summary Bidder Bid Price | Trade-In Flat Bid | Guaranteed | Guaranteed| Total | Tire Extended Delivery W/O Tires | For Old CAT| With Maximum Repurchase | Cost Option | Warranty Time Trade-In) Repairs 7500 Hrs/ | Bid Option 7500 Hrs/ 5 years 5 years Briggs 125,224 25,000 100,224 | 10,238 50,000 60,462 | 32,542 | 10,238 F/M | 30-90 days Case 821 C 6,744 D/T Carolina 177,940 30,000 147,940 | 30,000 62,000 115,940} 7,975 N/C 60 days Tractor CAT 950 James River 134,710 15,000 119,710 | 10,000 50,000 79,710 | 27,500 7,000 F/M 45 days JD 644-H 3,000 D/T L.B. Smith 157,608 20,000 137,608 | No total Cost 165 wh | 3,000 D/T 45 days Vol L120E Offered 7,200 4,740 F/M F/M = Full Machine D/T = Drive Train Only (The bid was awarded to Briggs Equipment Company for the Case 821C.) 3. Request for Approval of a Deputy Finance Officer for the Jail Commissary: At the briefing, Assistant Jail Administrator Terry Beck requested that Crystal Mathis be designated as a deputy finance officer for the purpose of handling check writing duties in the commissary. 4. Request for Approval of a Request to Apply for $15,000 from the Susan G. Komen Breast Cancer Foundation: During the briefing, Health Director Ray Rabe requested permission to apply for a $15,000 grant to be used for mammograms by women who are under-insured, uninsured, or patients in the Family Planning Clinic. 14 5. Request for Approval of Budget Amendment #21 for the Transfer of $23,430 from the 911 Emergency Telephone System Fund for Geographic Information System (GIS) Addressing Technician Overtime, the Salary for a New Part-time GIS/Addressing Employee & Other Costs: During the briefing, Planning Supervisor Smith said there was about a one-month backlog in the entering of GIS data into the computer, checking subdivision addresses on the Internet, verifying new road names, and ordering road signs. He asked permission to hire a part-time employee and to purchase the necessary office supplies. In addition, he requested permission for the full-time GIS Technician to work overtime in an effort to bring the system up-to-date. Smith requested that $1,000 be budgeted for the overtime. (The budget amendment from Finance Director Blumenstein indicated that with the deduction of the $23,430 from the E911 Telephone System Fund, a balance of $417,817 would remain.) 6. Request for Approval of the November Refunds & Releases: (The approved refunds and releases are as follows.) Breakdown of Releases: $40,966.63 County 29,859.47 Solid Waste Fees 91.00 E. Alexander Co. Fire #1 3.70 Shepherd’s Fire #2 254.15 Mt. Mourne Fire #3 72.94 All County Fire #4 1,891.33 Statesville City 2,953.40 Statesville Downtown 3.75 Mooresville Town 4,480.88 Mooresville Downtown 0 Mooresville School 1,130.36 Love Valley 0 Harmony 0 Troutman 225.65 Breakdown of Refunds: 1,386.19 County 951.61 Solid Waste Fees 195.00 E. Alexander Co. Fire #1 0 Shepherd’s Fire #2 0 Mt. Mourne Fire #3 6.26 All County Fire #4 101.58 Statesville City 0 Statesville Downtown 0 Mooresville Town 0 Mooresville Downtown 0 Mooresville School 0 Love Valley 0 Harmony 0 Troutman 131.74 7. Request for a Letter to the North Carolina Department of Juvenile Justice in Reference to the Big Brother/Big Sister (BB/BS) After-School Program: At the briefing, Chairman Johnson said the Big Brother/Big Sister agency desired to reinstate the after-school program that was once offered by Communi-Care. He said the BB/BS organization was requesting that a letter be sent to the Department of Juvenile Justice asking for Save Our Students (S.O.S.) financial assistance. 15 8. Request for Approval of Two Items Pertaining to the $240,000 Community Development Grant for the West Water Tower Project (1) Recipient’s Plan to Further Fair Housing and (2) Anti-displacement & Relocation Plan): A copy of the adopted anti-displacement resolution is as follows. IREDELL COUNTY RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN UNDER SECTION 104(d) OF THE HOUSING & COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED WHEREAS, Iredell County anticipates award of 2002 Community Development Block Grant-Economic Development funds; and WHEREAS, the Town/County is required to adopt a Residential Anti-Displacement and Relocation Assistance Plan; and WHEREAS, the purpose of this plan is to minimize residential displacement and to provide relocation assistance to displaced residents in a timely manner. NOW, THEREFORE, BE IT RESOLVED that the following constitutes the Residential Anti-Displacement and Relocation Assistance Plan for County of Iredell. The County of Iredell will replace all occupied and vacant occupiable low/moderate income dwelling units demolished or converted to a use other than low/moderate income housing as a direct result of activities assisted with funds provided under the Housing & Community Development Act of 1974, as amended, as described in 24 CFR 570.606 (b) (1). All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the Town will make public the following information in writing: 1. A description of the proposed assisted activity; 2. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate income dwelling units as a direct result of the assisted activity; 3. A time schedule for the commencement and completion of the demolition or conversion; 4. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; J. The source of funding and a time schedule for the provision of replacement dwelling units; and 6. The basis for concluding that each replacement dwelling unit will remain a low/moderate income dwelling unit for at least 10 years from the date of initial occupancy. The County of Iredell will provide relocation assistance, as described in 570.606 (b) (2), to each low/moderate income household displaced by demolition of housing or by the conversion of a low/moderate income dwelling to another use as a direct result of assisted activities. ke RR 9. Request for Approval of the Minutes for December 2, 2002 & December 3, 2002 10. Request for the Establishment of New Dates for the Winter Planning Session (Thursday, February 13 (evening dinner meeting with legislators), Friday, February 14 (all day) and Saturday, February 15 (2 day) 11. Request from the Health Department for Approval of a Vaccination Fee Schedule Adjustment: Ai the briefing, Health Director Rabe said that currently, the cost for one shot was $5, two shots were $10, and there was no charge for additional shots. He said recently it was discovered that the department could charge $5 for all shots. Rabe requested permission to alter the fee schedule, effective January 1, 2003 regarding the vaccination charges. 12. Request for the Relocation of the Elections Office to the Bondurant Building (Stockton Street, Statesville, NC) on a Temporary Basis (see briefing minutes) 13. Request from Mitchell Community College to be Included in the Next Certificates of Participation Issuance and for the Proceeds to be used for the Completion of the New Workforce Development Building (see briefing minutes) 16 APPOINTMENTS TO BOARDS & COMMISSIONS Region F Aging Advisory Committee (1 alternate appointment): IMOTION by Chairman Johnson to postpone this appointment until the January 7 meeting. VOTING: Ayes — 4; Nays — 0. Nursing Home Advisory Committee (2 appointments): by Chairman Johnson to postpone these two appointments until the January 7 meeting. VOTING: Ayes — 4; Nays — 0. Adult Care Home Community Advisory Committee (4 appointments): by Chairman Johnson to postpone these four appointments until the January 7 meeting. VOTING: Ayes — 4; Nays — 0. Home & Community Care Block Grant (HCCBG) Committee (4 appointments): Commissioner Williams nominated Anna Rice, Jo-Anne Findt, Janet Blaufuss, and Lynda Sloan for reappointments on the HCCBG Committee. MOTION | by Chairman Johnson to close the nominations and appoint Rice, Findt, Blaufuss, and Sloan by acclamation. VOTING: Ayes — 4; Nays — 0. Board of Health (3 appointments): Commissioner Tice nominated Dr. Lane Putnam for the dental position on the board of health. by Chairman Johnson to close the nominations and appoint Dr. Putnam by acclamation. VOTING: Ayes — 4; Nays — 0. In reference to the two general public appointments, Commissioner Tice nominated B. K. Barringer and Toney Jacobs. Chairman Johnson nominated David Boone. In accordance with the board’s rules of procedures, the three candidates will be voted upon for the two health board appointments (general public) at the next regular meeting. Non-attendance of Dr. John McLelland at the Board of Health Meetings: Commissioner Tice stated that Dr. McLelland, who serves as the physician appointee on the board of health, had not attended any meetings this past year. The clerk to the board was instructed to write Dr. McLelland and inquire about whether or not he desired to remain on the health board. Board of Equalization & Review (6 appointments): Commissioner Tice nominated Dan Schmidt, John Douglas, Anita Johnson, L.W. Lambert, Wayne Robertson, and William White (alternate) for reappointments. by Chairman Johnson to close the nominations and to appoint Schmidt, Douglas, Johnson, Lambert, Robertson, and White (alternate) by acclamation. VOTING: Ayes — 4; Nays — 0. Appointment of the Board of Equalization & Review Chairman and Vice Chairman: Commissioner Williams nominated Dan Schmidt for the office of chairman on the Board of Equalization and Review. MOTION by Chairman Johnson to close the nominations and to elect Schmidt as the Chairman for the Board of Equalization and Review. Ayes — 4; Nays — 0. 17 Commissioner Tice nominated John Douglas for the office of vice chairman on the Board of Equalization and Review. MOTION by Chairman Johnson to close the nominations and to elect Douglas as the vice chairman for the Board of Equalization and Review. Ayes — 4; Nays — 0. Criminal Justice Partnership Program (CJPP) Committee (8 appointments): Commissioner Tice nominated the following eight individuals. Name Area Represented Steve Johnson Commissioner Rena Turner Representative of Superior Court Joe Crosswhite Criminal Defense Attorney Phil Redmond or designee Sheriff's Department Ed Dearman Probation Officer Susan Haynes Substance Abuse Service Representative Jerry Moore Community-Based Corrections Representative Dennis Blackerby At-large member Commissioner Williams nominated Gene Houpe as a representative for the business community. (Note: This position has been open for several months. The General Statutes require that at least 10 members serve on the CJPP; however, there is no limitation on the number of members.) by Chairman Johnson to appoint Houpe, Blackerby, Moore, Haynes, Dearman, Redmond (or designee), Crosswhite, Turner, and Johnson. VOTING: Ayes — 4; Nays — 0. Information & Referral (1 & R) (1 appointment): Commissioner Tice nominated Lucille Carter for a reappointment on the I & R board. MOTION by Chairman Johnson to close the nominations and to appoint Carter by acclamation. VOTING: Ayes — 4; Nays — 0. Recreation Advisory Committee (4 appointments): Commissioner Williams nominated Roger McLelland, Mike Griffin, Mike Heintz, and Herb Morron for reappointments on the Recreation Advisory Committee. by Chairman Johnson to close the nominations and to appoint McLelland, Griffin, Heintz, and Morron by acclamation. VOTING: Ayes — 4; Nays — 0. Zoning Board of Adjustment (3 appointments): Commissioner Norman nominated Bob Dellinger, Nick Carrington, and Roy West (alternate) to the board of adjustment. by Chairman Johnson to close the nominations and to appoint Dellinger, Carrington, and West by acclamation. VOTING: Ayes — 4; Nays — 0. Juvenile Crime Prevention Council (JCPC) (3 appointments): Commissioner Tice nominated Fred Lowry III (individual under the age of 18), Diana Montoya (individual under the age of 18) and Judge Lynn Gullett (Chief District Judge or designee) to the JCPC. 18 IN OTION by Chairman Johnson to close the nominations and to appoint Lowry, Montoya, and Judge Gullett by acclamation. VOTING: Ayes — 4; Nays — 0. NEW BUSINESS Resignation of County Assessor Brent Weisner: Chairman Johnson said a letter of resignation had been submitted by County Assessor Brent Weisner effective February 1, 2003. Johnson said the letter indicated that Mr. Weisner desired to pursue other business interests. by Chairman Johnson to accept Mr. Weisner’s resignation effective February 1, 2003. VOTING: Ayes — 4; Nays —0. COUNTY MANAGER’S REPORT Asbestos Removal at the Iredell County Government Center-South: County Manager Mashburn said $29,640.46 had been taken from the contingency fund for asbestos removal at the former Lowrance hospital site. He said the staff was confident that this would complete the asbestos removal. Ice Storm Debris: Mashburn said that most of the ice storm’s clean up had been accomplished, but the solid waste office would continue to burn debris as it was received. New % Cent Local Sales Tax: Finance Director Blumenstein said some sales receipts given to customers from area merchants appeared to be somewhat misleading. She said the Department of Revenue had made assurances that the counties would be fully credited for their portions of the new sales tax. Fully-Certified Veterans Office: Blumenstein said that now, for the first time, the Veterans Service Office was fully certified. CLOSED SESSION: MOTION by Chairman Johnson at 10:00 p.m., to enter into closed session for the purpose of discussing a property acquisition matter - G.S. 143-318.11 (a) (5). VOTING: Ayes — 4; Nays — 0. (Return to Open Session at 10:11 p.m.) ADJOURNMENT: by Chairman Johnson to adjourn the meeting at 10:11 p.m. (NEXT MEETING: Tuesday, January 7, 2003, 5:00 p.m. and 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC.) VOTING: Ayes — 4; Nays — 0. “) “ Approved: — 4.4 uc a<+. i Ke Ss A at ro JALL2 Le 7 Clerk to the Board 19 IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES DECEMBER 17, 2002 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, December 17, 2002, at 5:00 p.m., in the Iredell County Government Center (South Wing Conference Room), 200 South Center Street, Statesville, NC. Present were: Chairman Steve D. Johnson Vice Chairman Godfrey Williams Marvin Norman Sara Haire Tice (Vacancy due to Resignation of Karen B. Ray) Staff present were: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Fire Marshal Chuck Gallyon, Purchasing Agent Evie Caldwell, Solid Waste Director Ron Weatherman, Assistant Jail Administrator Terry Beck, Planning Supervisor Ron Smith, Health Director Ray Rabe, Support Services Director Jim Vernon, Purchasing Agent Evie Caldwell, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. PRESENTATION BY DR. DOUGLAS EASON, PRESIDENT OF MITCHELL COMMUNITY COLLEGE, REQUESTING INCLUSION IN THE NEXT CERTIFICATES OF PARTICIPATION (COPS) ISSUANCE: Accompanying Dr. Eason to the meeting were Dick Lefevre (Mitchell College Finance Officer) and Joe Troutman (Chairman of the Mitchell Board of Trustees). Eason said the college officials desired to be included in the next COPS issuance, and they wanted to use the money for the completion of the new Workforce Development Technology Building. He said the exact monetary amount for the request was unknown, but an estimate would be up to $1,000,000. Eason said the college already had $3.1 million from the 1998 State bond for the project. INTRODUCTION OF THE NEW EMERGENCY MEDICAL DIRECTOR: Emergency Management Director Tracy Jackson introduced Lee Darnell, the new Emergency Medical Services Director to the board members. Jackson said Darnell was born in Iredell County and raised in Yadkin County. (Mr. Darnell assumed his position with Iredell County on December 9, 2002.) PRESENTATION BY DAVID MARTIN REGARDING THE FINDINGS OF THE COMMUNICATIONS TASK FORCE: Communications Director David Martin said a task force had been formed to study the communication needs of the emergency response organizations. He said the creation of a task force was discussed in July, a committee was formed in September, and an initial meeting was held on November 14. Martin said that at the last meeting (December 12), the committee discussed the availability of a tower site in the Charles community. He said the 240-foot BellSouth tower could be used as a third transmission site, and it would help to alleviate reception/transmission problems in the northern end. Mr. Martin said his office was trying to obtain a license from the Federal Communications Center for the site and a lease ($400 a month) with American Tower. He said there was no guarantee the tower would correct all of the transmission problems; however, it would be a “vast improvement.” Martin said the task force would continue to meet to determine the capabilities and needs of the emergency response agencies. REQUEST FOR THE RELOCATION OF THE ELECTIONS OFFICE TO THE BONDURANT BUILDING (STOCKTON STREET, STATESVILLE, NC ON A TEMPORARY BASIS: Support Services Director Jim Vernon said the members of the Board of Elections had expressed a need for additional office space, and they had agreed to use an area in the Bondurant Building on a temporary basis. He said the building’s upper floor had 2,500 sq. ft., and the relocation of the offices to the site would cost about $2,000. Mr. Vernon said the site was a temporary solution, as the election board members had requested an area with at least 5,000 sq. ft. PRESENTATION ON SPACE NEEDS AT THE WINTER PLANNING SESSION: Commissioner Williams asked for an update on the space needs of the county at the February Winter Planning Session. ot Approved: \/4 72 hey if? Abe 3 dap 6 Alig Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES JANUARY _7, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, January 7, 2003, at 7:00 p.m., in the Iredell County Government Center (Commissioners’ Meeting Room), 200 South Center Street, Statesville, NC. Present were: Chairman Steve D. Johnson Vice Chairman Godfrey Williams Marvin Norman Sara Haire Tice (Vacancy due to Resignation of Karen B. Ray) Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. INVOCATION by Chairman Johnson. PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Johnson to approve the agenda with the following revisions. Additions: e Request for the Adoption of an Assessment Policy & Equal Employment Plan e Request for the Adoption of a Resolution to Approve the Final Documents of the 2003 Installment Payment Revenue Refunding Bond e Request for the Confirmation of the County Manager’s Actions to Waiver the Tipping Fees Regarding the Winter Storm Debris Cleanup VOTING: Ayes — 4; Nays — 0. COUNTY CITIZEN’S ADDRESSING THE BOARD Clinton Ray Miller (139 Northmont Road, Statesville, NC) requested an amendment to the animal control ordinance. Mr. Miller made the request due to witnessing a dog (Rottweiler) attack in his neighborhood. He said that also two pit bull dogs recently attacked a teenager and two policemen in Mooresville. Miller said the dog involved in the attack in his neighborhood was still alive, but the dogs in Mooresville were destroyed. Mr. Miller requested the following changes to the animal control ordinance. The “dangerous dog” definition would read: “Dangerous dog: Any dog which has attacked any person when off the property of his owner and not under the direct control of a competent person.” Under Section VII (D) (6) Vicious and Public Nuisance Animals add (D): “All dangerous dogs shall be destroyed.” Chairman Johnson said the board would take Mr. Miller’s request under consideration and discuss the matter with the animal control supervisor. Bob Privette (3336 Chipley Ford Road, Statesville, NC) spoke about the vacancy on the board of commissioners and the actions of others at the last board meeting. Privette said it was disturbing to him that a special interest group was pushing a candidate for the vacant seat. Privette said the Republican Party wanted “unity” and there would be “backlash” if the members of the board listened to the special interest group. Steve Robinson (918 Stoney Crest Court, Mooresville, NC) said he appreciated the opportunity to be considered for the board vacancy. Mr. Robinson said he was “ready, willing, and able to serve.” Request for the Appointment of an Individual to Fill the Vacancy on the Iredell County Board of Commissioners Chairman Johnson nominated Alice M. Stewart for the vacancy on the board of commissioners. VOTING: Ayes — 2 (Johnson/Williams), Nays — 2 (Norman/Tice). Commissioner Tice nominated Steve Robinson for the vacancy on the board of commissioners. VOTING: Ayes — 2 (Norman/Tice); Nays — 2 (Johnson/Williams). Commissioner Norman nominated Doug Madison for the vacancy on the board of commissioners. VOTING: Ayes — 3 (Norman/Tice/Williams); Nays — 1 (Johnson). (Mr. C. Douglas “Doug” Madison, Jr., of 2622 Fines Creek Drive, Statesville, NC 28625 was elected to the board. Madison previously served as an Iredell County Commissioner from 1990 through 1996. His term will extend through Monday, December 6, 2004.) Request for Continued Discussion and/or Approval of the Roadway Protection Overlay District Two (RPO2): (A public hearing was held regarding this matter on December 3, 2002. At that time, the board postponed a decision on the RPO2 for 30 days or until this meeting.) Planning Supervisor Smith said that after the December 3 meeting, the staff had met with the property owners and others about the proposed RPO2. He said some of the major issues had been resolved, but not all of them. Smith said the staff was recommending approval of the RPO2 with the following omissions. 1. Remove the front yard setback measurements from the future right-of-way. 2. Remove the side and/or rear yard parking limitations. 3. Remove the canopy tree requirements for parking areas. 4. Remove the architectural recommendations. Smith said that in reference to the setback, the developers and property owners would be required to work with the Department of Transportation. Chairman Johnson asked if orderly development could be achieved without the 15 foot vegetative area. Smith said yes. He said there were two issues: (1) traffic and congestion and (2) esthetics. He said if anything had to be omitted, he would prefer for it to be esthetics. MOTION by Commissioner Norman to approve the Roadway Protection Overlay District Two (RPO2), as presented by the planning supervisor with the four omissions. Chairman Johnson asked if the motion could include the deletion of the 15 foot vegetative area. Commissioner Norman accepted the amendment to his motion. (There will now be five omissions.) VOTING: Ayes — 4; Nays - 0. Request for the Adoption of a Resolution to Approve the Final Documents of the 2003 Installment Payment Revenue Refunding Bond: Chairman Johnson introduced the following resolution, a copy of which had been provided to each Commissioner, which was read by title and summarized by the Director of Finance and Administration: RESOLUTION APPROVING THE SALE BY IREDELL COUNTY PUBLIC FACILITIES CORPORATION OF INSTALLMENT PAYMENT REVENUE BONDS PAYABLE FROM CERTAIN INSTALLMENT PAYMENTS TO BE MADE BY THE COUNTY OF IREDELL, NORTH CAROLINA, APPROVING A PROPOSED FIRST SUPPLEMENTAL INSTALLMENT FINANCING AGREEMENT TO FINANCE THE COST OF REFUNDING CERTAIN INSTALLMENT PAYMENT REVENUE BONDS (IREDELL COUNTY SCHOOL PROJECTS) SERIES 2000 ISSUED BY SAID CORPORATION FOR THE BENEFIT OF SAID COUNTY, APPROVING CERTAIN OTHER DOCUMENTS AND ACTIONS RELATING THERETO AND AUTHORIZING OTHER OFFICIAL ACTION IN CONNECTION THEREWITH. WHEREAS, the County of Iredell, North Carolina (the “County”) has determined that it can achieve significant debt service savings by refinancing a portion of its obligations under that certain Installment Financing Agreement, dated as of July 1, 2000 (the “Original Installment Financing Agreement”), between Iredell County Public Facilities Corporation (the “Corporation”) and the County, through a refunding of a portion of the outstanding Installment Payment Revenue Bonds (Iredell County School Projects) Series 2000 (the “Series 2000 Bonds”) issued by the Corporation in order to finance certain school improvements; and WHEREAS, in order to effectuate such plan to refund the Series 2000 Bonds, the County and the Corporation have been negotiating certain financing documents and arranging for the negotiated sale by the Corporation of its Installment Payment Revenue Refunding Bonds (Iredell County School Projects), Series 2003 (the “Series 2003 Bonds”) payable from Installment Payments to be made by the County pursuant to the Original Installment Financing Agreement, as supplemented by a First Supplemental Installment Financing Agreement (as hereinafter defined) between the Corporation and the County, pursuant to the authority granted to the County under Section 160A-20 of the General Statutes of North Carolina; and WHEREAS, the County has determined that it is in the best interests of the County that the County and the Corporation enter into said First Supplemental Installment Financing Agreement to make available to the County funds with which to refund a portion of the Series 2000 Bonds; and WHEREAS, the County and the Corporation have retained an investment banker for the purpose of underwriting the Series 2003 Bonds; and WHEREAS, the Series 2003 Bonds are expected to be marketed in the expectation of executing a Bond Purchase Agreement with respect thereto on or about February 4, 2003 and delivering the Series 2003 Bonds on or about February 5, 2003; and WHEREAS, in connection with such financing, it is necessary for the County to approve the sale of the Series 2003 Bonds by the Corporation, to approve certain other documents relating thereto and to authorize certain action in connection therewith; and WHEREAS, there have been presented at this meeting copies of the following documents relating to the delivery of the Series 2003 Bonds: (a) a draft of the Bond Purchase Agreement for the Series 2003 Bonds (the "Bond Purchase Agreement"), to be dated as of the date of sale of the Series 2003 Bonds (presently estimated to be on or about February 4, 2003), among the C orporation, the County and Bank of n-ne America Securities LLC (the "Underwriter"), relating to the purchase by the Underwriter of the Series 2003 Bonds; (b) a draft of the proposed First Supplemental Installment Financing Agreement, to be dated as of February 1, 2003 or another mutually agreeable date (the “First Supplemental Installment Financing Agreement” and, together with the Original Installment Financing Agreement, the “Installment Financing Agreement”), between the County and the Corporation, pursuant to which the Corporation will make available to the County proceeds to be derived from the sale of the Series 2003 Bonds in order to refund a portion of the Series 2000 Bonds, and the County will be obligated to make Installment Payments (as defined in the Installment Financing Agreement) and certain other payments, among other requirements; (c) a draft of the proposed Second Supplemental Trust Agreement, to be dated as of February 1, 2003 or another mutually agreeable date (the “Second Supplemental Trust Agreement”), between the Corporation and Wachovia Bank, National Association, as trustee (the “Trustee”), supplementing the Trust Agreement, dated as of July 1, 2000 (the “Trust Agreement”), between the Corporation and the Trustee, under which the Trustee will make available to the County the proceeds of the Series 2003 Bonds in order to pay the cost of refunding a portion of the Series 2000 Bonds and to pay the premium for a financial guaranty insurance policy as credit enhancement for the Series 2003 Bonds; (d) a draft of the proposed First Modification to Deed of Trust, to be dated as of February 1, 2003 or another mutually agreeable date (the “First Modification to Deed of Trust’), from the County to a deed of trust trustee for the benefit of the C orporation; (e) a draft of the proposed Standby Bond Purchase Agreement, to be dated as of February 1, 2003 or another mutually agreeable date (the “Standby Agreement”), between the County and Bank of America, N.A.; (f) a draft of the proposed Remarketing Agreement, to be dated as of February 1, 2003 or another mutually agreeable date (the “Remarketing Agreement”), among the County, the Corporation and Banc of America Securities LLC, as remarketing agent (the “Remarketing Agent”); (g) a draft of the Tender Agent Agreement, to be dated as of February 1, 2003 or another mutually agreeable date (the “Tender Agreement”), among Wachovia Bank, National Association, as Tender Agent, Trustee and Bond Registrar, the County and the Remarketing Agent; (h) adraft of the Escrow Deposit Agreement, to be dated as of February 1, 2003 or another mutually agreeable date (the “Escrow Dep uit Agreement”), among the Corporation, the County and Wachovia Bank, National Association, as escrow agent, and (i) a draft of the proposed Official Statement, to be dated as of the date of delivery thereof (the “Official Statement”), relating to the offering of the Series 2003 Bonds; now, therefore, BE IT RESOLVED by the Board of Commissioners for the County of Iredell, North Carolina: Section 1. Capitalized words and terms used in this resolution and not defined herein shall have the same meanings in this resolution as such words and terms are given in the Trust Agreement, the Second Supplemental Trust Agreement, the Original Installment Financing Agreement or the First Supplemental Installment Financing Agreement. Section 2. The County hereby approves the sale of the Series 2003 Bonds by the Corporation. The Series 2003 Bonds shall mature on June 1, 2020 and shall bear interest at such rates as shall be determined in accordance with the provisions of the Second Supplemental Trust Agreement; provided, however, that the aggregate principal amount of the Series 2003 Bonds shall not exceed $21,500,000. Section 3. The forms, terms and provisions of the First Supplemental Installment Financing Agreement, the Second Supplemental Trust Agreement, the First Modification to Deed of Trust, the Standby Agreement, the Remarketing Agreement, the Tender Agreement, the Escrow Deposit Agreement and the Bond Purchase Agreement are hereby approved in all respects, and the Chairman or Vice Chairman of the Board of Commissioners, the County Manager, the Director of Finance and Administration, and the Clerk to the Board of Commissioners are hereby authorized and directed to execute and deliver the First Supplemental Installment Financing Agreement, the First Modification to Deed of Trust, the Standby Agreement, the Remarketing Agreement, the Tender Agreement, the Escrow Deposit Agreement and the Bond Purchase Agreement, in substantially the forms presented at this meeting, together with such changes, modifications and deletions as they, with the advice of counsel, may deem necessary and appropriate, including, but not limited to, changes, modifications and deletions necessary to incorporate the final terms of the Series 2003 Bonds as shall be set forth in the Bond Purchase Agreement; such execution and delivery shall be conclusive evidence of the approval and authorization thereof by the County. Section 4. The County hereby approves the award of the Series 2003 Bonds to the Underwriter pursuant to the Bond Purchase Agreement; provided, however, that the Underwriter’s discount shall not exceed 0.4% of the principal amount of the Series 2003 Bonds. Section 5. The County hereby authorizes the use and distribution of the Official Statement in connection with the public offering of the Series 2003 Bond, and the Official Statement, in substantially the form presented at this meeting, is hereby approved, and the Chairman or Vice Chairman of the Board of Commissioners, the County Manager or the Director of Finance and Administration is hereby authorized to execute, on behalf of the County, the Official Statement in substantially such form, together with such changes, modifications, additions and deletions as he or she, with the advice of counsel, may deem necessary or appropriate; such execution shall be conclusive evidence of the approval thereof by the County. The County hereby also approves and authorizes the distribution and use of copies of the Official Statement, the Trust Agreement, the Second Supplemental Trust Agreement, the Original Installment Financing Agreement, the First Supplemental Installment Financing Agreement, the First Modification to Deed of Trust, the Standby Agreement, the Remarketing Agreement, the Tender Agreement, the Escrow Deposit Agreement and the Bond Purchase Agreement by the Underwriter in connection with the offering and sale of the Series 2003 Bonds. Section 6. The Chairman or Vice Chairman of the Board of Commissioners, the County Manager, the Director of Finance and Administration, the County Attorney and the Clerk to the Board of Commissioners are authorized and directed (without limitation except as may be expressly set forth herein) to take such actions and to execute and deliver such documents, certificates, undertakings, agreements and other instruments as they, with the advice of counsel, may deem necessary or appropriate to effectuate the transactions contemplated by the Second Supplemental Trust Agreement, the First Supplemental Installment Financing Agreement, the First Modification to Deed of Trust, the Standby Agreement, the Remarketing Agreement, the Tender Agreement, the Escrow Deposit Agreement and the Bond Purchase Agreement and the Official Statement. Section 7. This resolution shall take effect immediately upon its passage. After consideration of the foregoing resolution, Commissioner Williams the passage thereof, and the foregoing resolution was passed by the following vote: Ayes - 4; Noes - 0. CONSENT AGENDA MOTION by Chairman Johnson to approve the following 15 consent agenda items. VOTING: Ayes — 4; Nays — 0. i. Request from Tribeck Properties for the Release of Zoning and Subdivision Jurisdiction (Extraterritorial) of Approximately 22 Acres to the Town of Mooresville: During the briefing, Planning Supervisor Smith said several owners of property located along the River Highway, just west of Williamson Road in Mooresville, had requested that nine parcels totaling approximately 22 acres be released to the Town of Mooresville’s extraterritorial jurisdiction. Smith said the property was adjacent to the town limits, and it was within the urban services boundary. He said the owners had already approached the town officials about extending the utilities and a possible annexation. Mr. Smith said the Mooresville council approved the request on December 2, 2002. He said the property was currently zoned Residential Agricultural, and it was designated for commercial purposes in the Iredell County Land Development Plan. 2. Request from the Juvenile Crime Prevention Council for Approval of a Recommendation Regarding the Allocation of Remaining FY 2002-03 funds ($9,505) from the Department of Juvenile Justice: At the briefing session, Carl Duncan, the Chairman of the Juvenile Crime Prevention Council, shared recommendations from the group pertaining to $9,505 remaining in juvenile justice funds for this fiscal year. He said the funds would revert to the State if they were not used locally. Duncan said the council met on December 10 and recommended the distribution of the funds as follows: ARK Program (SCAN) $2,923 (counseling program) Project Challenge 3,291 (restitution program) Barium Springs 3,291 (residential program) $9,505 3 Request for Approval of a Resolution Authorizing the Purchasing Agent to Dispose of Surplus Property (Two Generators & an Underground Storage Tank) by Private Negotiated Sale: The following resolution was approved: RESOLUTION AUTHORIZING THE PRIVATE SALE OF CERTAIN SURPLUS PROPERTY WHEREAS, the County of Iredell has possession of the following items of personal property which are surplus to its needs and desires to dispose of same. NOW. THEREFORE, BE IT RESOLVED by the Board of Commissioners of Iredell County, that Evie D. Caldwell, Purchasing Agent, pursuant to the provisions of G.S. 160A-266, is hereby authorized to dispose of the personal property at private negotiated sale TWO (2) General Electric power generators with diesel Caterpillar engines Serial numbers 92B907 and 92B908 and to include removal of one 1,000 gallon underground storage tank located at the Iredell County Government Center — South in Mooresville, NC. Any person interested in purchasing these items may apply to the county purchasing agent at Room 107, Iredell County Government Center, 200 South Center Street, Statesville, NC, or may telephone during normal business hours at (704) 878-3045. * OR KK 4. Request from the Sheriff's Department for Permission to Apply for Grants from the North Carolina Governor’s Crime Commission: At the briefing, Enforcement Captain Mike Phillips, with the Sheriff's Department, requested permission to apply for grant funds to be used to pay the salaries for two investigator positions. He said the local match for the positions could be obtained from seized funds (1 year match of $24,000 and 2™ year match of $23,000). Phillips said that if the grant was approved by the State, and the positions filled, the county would be obligated to hire and absorb the full costs for the investigators after the second year. He gave the following information on the requests. e One (1) Full-time Child Sex Offense Investigator: This individual would be assigned to the Dove House ona full-time basis. Currently, the caseload at the Dove House is heavy enough to warrant a full-time person. e One (1) Investigator Position for the “Realty” Program: This program would allow juveniles to voluntarily spend a day (Saturday) at the jail. 5. Request from the Social Services Department for Approval of a Five-Year Contract with IBM: During the briefing, Social Services Director Don Wall said the IBM computer contract for the department’s “‘one-case system” was up for renewal. He said the contract period was for five-years and the costs were budgeted. 6. Request for the Designation of an Applicant’s Agent Regarding the Winter Storm of 2002 and Public Assistance from the N.C. Department of Emergency Management: County Manager Mashburn said during the briefing that the Federal Emergency Management Agency (FEMA) required the designation of a primary and secondary agent in order to apply for disaster relief. He said the county would be applying for reimbursements once a full recovery cost was determined. Mashburn requested that he be desi gnated as the primary agent and Tracy Jackson, the Director of Emergency Management, be listed as the secondary agent. 4 Request for the County Manager to be Authorized to Sign an Agreement Pertaining to the Inspections of an On-Site Wastewater System (Stumpy Creek Park): At the briefing, Support Services Director Jim Vernon said an annual contract would be required for the inspection of the Stumpy Creek Park sewage treatment system (ground absorption). He said the Iredell- Statesville School System had agreed to inspect the system on a monthly basis and provide the necessary reports to the health department. 8. Request for the Approval of a Resolution Supporting the North Carolina Department of Transportation’s Plans to Improve the Intersection of SR 1245 (Centre Church Road) & SR 1246 (Fairview Road): The following resolution was approved. RESOLUTION SUPPORTING IMPROVEMENTS BY THE NORTH CAROLINA DEPARTMENT OF TRANSPORTA TION & DIVISION OF HIGHWAYS TO THE INTERSECTION OF SR 1245 (CENTRE CHURCH ROAD) & SR 1146 (FAIRVIEW ROAD) IN IREDELL COUNTY, NORTH CAROLINA WHEREAS, the North Carolina Department of Transportation and Division of Highways proposes to: ITEM 1: Improve the intersection of SR 1245 (Centre Church Road) and SR 1246 (Fairview Road) at the entrance to Lowe's Corporate headquarters in the Town of Mooresville, in Iredell County, North Carolina. NOW. THEREFORE, we the county commissioners of Iredell County, the board of commissioners being the official governing body of the County of Iredell in North Carolina, do hereby support the North Carolina Department of Transportation and Division of Highways’ proposal to improve the intersection of SR 1245 (Centre Church Road) and SR 1246 (Fairview Road) in Iredell County, North Carolina. IN WITNESS WEREOF, we have hereunto authorized the chairman to set his hand and cause the Seal of Iredell County to be affixed this 7" day of January 2003. xen 9. Request from the Town of Troutman for the Removal of A.J. Barghothi as a Plat Review Officer and the Addition of Donald E. Duncan, Jr.. Due to a change in personnel at the Troutman town office, an amendment was requested to the plat review officer listing. (A.J. Barghothi will be replaced by the new Town Administrator, Donald Duncan, Jr.) The new list will be as follows: