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Board of Commissioners Minutes 2003 (Jan-Aug)
IREDELL COUNTY PLAT REVIEW OFFICER LISTING IREDELL COUNTY: Ron Smith William Allison Rebecca M. Harper Kirstie Dixon Barry Whitesides TOWN OF MOORESVILLE: Timothy D. Brown Craig Culbertson CITY OF STATESVILLE: David Currier Steve Warren Ashley “Lee” Lawson TOWN OF TROUTMAN: Donald E. Duncan, Jr. Ann Sims 10. Request for Approval of Budget Amendment #22 to Record the Issuance of the 2002 Instaliment Payment Revenue Bond Using the Existing Debt Service Reserve Fund to Refund the 1992 Certificates of Participation: During the briefing, Finance Director Blumenstein said this amendment was needed in order to enter the bond refunding into the accounting records. 11. Request for Approval of a Resolution for the Transacting of Banking Services with Centura Bank & the Designation of Dean Lail as a Deputy Finance: At the briefing, Blumenstein said RBC Centura was requesting a new resolution for the transacting of banking services. She also said that Centura was in the finance department’s bid list for the purchasing of certificates of deposit, and it was requested that Dean Lail be designated as a deputy finance officer for this purpose. 12. Request for Approval of a First Citizens Bank Resolution Regarding Central Depository Services, Third Party Custodian Services, and Investment Management: This resolution will authorize the designated officers and employees of the county to be given authority to conduct all Trust Business on behalf of the County with First Citizens Bank & Trust Company. 13. Request for Approval of the December 17, 2002 Minutes. 14. Request for the Adoption of an Assessment Policy & Equal Employment Plan: At the briefing, County Manager Mashburn said both of these items related to the West Farm Water Tower. The approved policy and plan are as follows. WEST FARM SITE PROPOSED ASSESSMENT POLICY The County of Iredell is required as a condition of a Community Development Block Grant for Economic Development (CDBG-ED) to construct an elevated water storage tank to provide increased water pressure for users of public facilities in the area. This construction is designed to provide adequate water pressure to Millard Refrigerated Services located in the West Farm Site. The assessment policy delineated herein is designed to give the County of Iredell a mechanism to provide equitable water service to future users in the area whose water service will be upgraded as a result of CDBG-ED funding. 1. Future users connecting to the Iredell County/EnergyU nited Water Corporation system at the West Farm Site shall be required to pay an assessment fee of $100 per tap to the Iredell County, EnergyUnited Water Corporation. This fee is in addition to normal tap fees and shall be paid in full prior to connection to the designated lines. 2. The assessment fee required in Section 1 shall not be imposed on any business that is owned by low and moderate-income individuals, or any residence that is owned or occupied by low and moderate-income individuals. This assessment fee shall be waived by the County of Iredell for any business that ties into the service that presently employs greater than 60% low and moderate-income persons and/or will create new jobs of which 60% of positions will be filled by low and moderate-income persons. 3. The Iredell County/EnergyUnited Water Corporation reserves the right to reduce the assessment fee charged to any future users based on the economic impact on the Iredell County/EnergyUnited Water Corporation overall economy. 4. All revenue generated by this assessment policy prior to completion of the project shall be used to reduce the amount of the CDBG-ED funds. Fifty percent (50%) of all revenue generated by the assessment policy thereafter shall, for a period of five (5) years, be returned to the CDBG Program at the Commerce Finance Center for funding of future economic development projects. The fifty percent (50%) retained by the Iredell County/EnergyUnited Water Corporation shall be used to finance future capital improvements to the City’s water system with priority placed upon improvements to benefit persons of low and moderate income. xx eK * EQUAL EMPLOYMENT PLAN The County of Iredell maintains the policy of providing equal employment opportunities for all persons regardless of race, color, religion, sex, national origin, handicap, age, political affiliation, or any other non-merit factor, except where religion, sex, national origin, or age, are bona fide occupation qualifications for employment. In furtherance of this policy the County prohibits any retaliatory action of any kind taken by any employee of the County against any other employee or applicant for employment because that person made a charge, testified, assisted or participated in any manner in a hearing, proceeding or investigation of employment discrimination. The County shall strive for greater utilization of all persons by identifying previously under utilized groups in the work force, such as minorities, women, and the handicapped, and making special efforts toward their recruitment, selection, development, and upward mobility and any other term, condition, or privilege of employment. Responsibility for implementing equal opportunities and Affirmative Action measures is hereby assigned to the County Manager and/or other persons designated by the manager or Board of Commissioners to assist in the imple mentation of this policy statement. The County shall develop a self-evaluation mechanism to provide for periodic examination and evaluation. Periodic reports as requested on the progress of Equal Employment Opportunity and Affirmative Action will be presented to the Board of Commissioners by the County Manager. The County is committed to this policy and is aware that with its implementation, the County will receive positive benefits through the greater utilization and development of all human resources. ***#** 15. Request for the Confirmation of the County Manager’s Actions to Waiver the Tipping Fees Regarding the Winter Storm Debris Cleanup: County Manager Mashburn said it was unknown how much ice storm debris would be taken to the landfill for disposal. He requested confirmation of a tipping fee waiver. Mr. Mashburn said the county would not be losing revenue since the debris was unexpected. Mashburn said the county had the necessary permits and had contracted with Air Curtain Incinerator to burn the materials. He said 75% of the costs for the assistance could be recovered from FEMA. Mashburn said the county could not, however, continue the waiver for a long period of time. END OF CONSENT AGENDA APPOINTMENTS TO BOARDS & COMMISSIONS Region F Aging Advisory Committee (1 alternate appointment): Commissioner Tice nominated Victor Crosby. No other nominations were submitted and Chairman Johnson moved to appoint Crosby by acclamation. VOTING: Ayes — 4; Nays — 0. Nursing Home Ady No nominations were submitted and Chairman Johnson 21 meeting. VOTING: Ayes — 4; Nays — 0. 9 Adult Care Home Communi nominations were submitted and Chairman Johnson until the January 21 meeting. No VOTING: Ayes — 4; Nays — 0. (Note: County Manager Mashburn said Mrs. Carolyn Johnson (398 Mocksville Highway, Statesville, NC) had expressed a desire to serve on either the Nursing Home or Adult Care Committee. He requested for the clerk to the board to send Mrs. Johnson a volunteer application.) Scattered-Site Housing Program Selection Committee __(11 recommended appointments: Commissioner Williams nominated the following individuals/agencies. Iredell County: Ron Smith (Planning Supv.), Alan Williams (Planning Board Member), & Mitzi Waddell (Planning Board Member) Statesville - Steve Warren (Asst. Planning Director) Mooresville - Al Jones (Mayor) & Erskine Smith (Asst. Town Mgr.) Troutman - Amanda Weiser (Planning Board Member) Harmony - Ray Lewis (Board Member) Love Valley - Debbie Schneble-Price (Board Member) Council on Aging - Anna Rice (Executive Director) Department of Social Services Representative MOTION by Chairman Johnson close the nominations and appoint the referenced individuals/agencies. VOTING: Ayes — 4; Nays — 0. Board of Health (2 appointments): At the December 17 meeting, three nominees (B.K. Barringer, David Boone and Toney Jacobs) were submitted for two “public” appointments on the Board of Health. In accordance with the Rules of Procedure, the clerk to the board called the roll of the commissioners. Their votes are as follows: B.K. Barringer | David Boone | Toney Jacobs Steve Johnson v Vv Godfrey Williams Vv v Marvin Norman v v Sara Haire Tice Vv Vv Totals 2 - 1 B.K. Barringer and David Boone were given three-year appointments on the board of health. UNFINISHED BUSINESS Selection of C. Douglas (“Doug”) Madison, Jr. to fill the Unexpired Term of Karen B. Ray on the Board of Commissioners: Chairman Johnson requested the clerk to the board to send a letter to Mr. Madison officially advising of his appointment. 10 COUNTY MANAGER’S REPORT Confirmation of the Winter Planning Session: The manager said Friday, February 14, 2003 and Saturday, February 15 would be the dates for the retreat. He said an economic forecaster would be invited to speak. (The retreat will be held at the Agricultural Resource Center on Bristol Drive in Statesville.) Annual County Retiree and Employee Service Award Dinner Date: Mashburn said April 24, 2003, was the date retirees and long-time employees would be recognized for their county service. Iredell County Government Center-South (ICGC-S): The manager said the minutes of the December 17 meeting advised that $29,640.46 had been taken from contingency for asbestos removal at the ICGC-S. He said the minutes went on to say the staff was confident this would complete the costs for asbestos removal. Mr. Mashburn said he wanted to clarify the statement by saying the asbestol removal he referred to pertained to the portion presently under renovation. He said it was anticipated that some asbestos costs would be incurred when the county worked on the fourth floor. Mashburn said a meeting was scheduled on January 14, 2003, with the Department of Environment & Natural Resources about a possible lease for the fourth floor. OTHER: Commissioner Williams said the board would have four members at the next meeting due to a business commitment he had out of the country. ADJOURNMENT: [MOTION | by Chairman Johnson to adjourn the meeting at 8:15 p.m. NEXT MEETING: Tuesday, January 21, 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. () } k Approved: VAntary Bl, Aw 3 yx tort C - TY TI Ys / Clerk to the Board 4) z j J / or 4 11 IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES JANUARY _7, 2003 ' The Iredell County Board of Commissioners met in Briefing Session on Tuesday, January 7, 2003, at 5:00 p.m., in the Iredell County Government Center (South Wing Conference Room), 200 South Center Street, Statesville, NC. Chairman Steve D. Johnson Vice Chairman Godfrey Williams Marvin Norman Sara Haire Tice (Vacancy due to the Resignation of Karen B. Ray) Staff present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, Purchasing Agent Evie Caldwell, Support Services Director Jim Vernon, Enforcement Captain Mike Phillips with Sheriff's Department, Social Services Director Don Wall, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. 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: Carl Duncan, the Chairman of the Juvenile Crime Prevention Council, said $9,505 was remaining in juvenile justice funds. He said the council had previously recommended $25,000 for VisionsWork Youth Services, but the program did not work out. Duncan said later, the State reduced Iredell County’s allotment of juvenile justice funds by $15,495 due to the budget crisis. He said the remaining funds would revert to the State if they were not locally used. Mr. Duncan said the council met in December and recommended for the money to be distributed to three programs already receiving juvenile justice funds (SCAN, Barium Springs Home for Children, and Project Challenge). The county manager said that Barium Springs’ local match (30%) for the state funds was supplied by the county. He said he wanted to clarify that no additional funding was needed. Duncan said this was correct -- no additional funds were needed from the county. 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: Support Services Director Jim Vernon said two generators were at the Iredell County Government Center — South, and they were in relatively good condition. He said, however, parts for them were no longer made, or listed by the Caterpillar/GE dealers. Vernon said also that (1) the electrical transfer switching components were no longer available and (2) the original manufacturer was no longer in business. He said the staff felt it would be better to dispose of the two generators rather than trying to “upfit” them for any of the county facilities. Mr. Vernon said some departments or facilities needed generators and the staff would be supplying additional information about these requests in the near future, but the two at the ICGC-S were not conducive to the county’s needs. ADJOURNMENT: Chairman Johnson adjourned the briefing session at 6:25 p.m. ~ ~ j Ad Approved: \Aw7we Zo Al, A045 Mien C Thame Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES JANUARY _ 21, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, January 21, 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 Doug Madison Marvin Norman Sara Haire Tice Absent: Vice Chairman Godfrey Williams was absent due to a business commitment out of the country. 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 Johnson. INVOCATION by Commissioner Madison. ADJUSTMENTS TO THE AGENDA: IMOTION by Chairman Johnson to adjust the agenda by: Deletions: eClosed Session for Economic Development - G.S. 143-318.11 (a) (4) e Request for Approval of Sewer Extension Bids for the Millard Refrigerated Services, Inc. Project Additions: ¢ Request for Approval of Budget Amendment #26 for the Recognition and Appropriation of $30,000 to the Harmony Branch Library for FY 02-03 and $45,000 for FY 03-04 e Request for the Consideration of the Removal of a Board of Health Member e Request for Approval of Budget Amendment #24A (This amendment will be for the establishment of a new Attorney I Position for the Social Services Department.) Revision: e Request for the Approval of Budget Amendment #25 was combined with the Request from the Iredell-Statesville School System for a 2002-2003 Capital Outlay Amendment ($1,508,877 from the 2000 Installment Payment Revenue Bond for Future School Construction & $219,301 for an Addition to the Bus Garage) VOTING: Ayes — 4; Nays — 9. APPOINTMENTS BEFORE THE BOARD Mr. Clinton Ray Miller (139 Northmont Road, Statesville, NC) Addresses the Board in Reference to a Request for Amendments to the Animal Control Ordinance: Mr. Miller, who previously appeared before the board on January 7, described a dog attack he witnessed on New Year’s Day. He said that according to the language in the county’s ordinance, the dog (Rottweiler) involved in the incident would be considered “at large.” Mr. Miller said that after the attack he approached the owner(s) of the dog and was told, “She (victim in the attack) provokes my dog.” Mr. Miller said that later he obtained a copy of the state law regarding dangerous animals and found that it basically built the entire defense for the victim on whether or not the attacking animal was provoked. He continued by saying the definition of a “dangerous dog” in the state law was flawed, and it encouraged and allowed the owners of dangerous dogs and/or the animal control officer to blame the victim. Miller said the flawed definition read: “the term dangerous dog means a dog that without provocation has killed or inflicted severe injury on a person ...” Mr. Miller then proposed the following amendments to the county’s ordinance: #1 Change the name of the ordinance to: An ordinance regulating dangerous dogs, non- dangerous dogs, and other animals in Iredell County. #2 To add the following new definition (S) for the term dangerous dog: (S) Dangerous dog: Any dog when he is off the property of his owner and not under the direct control of a competent person that, with or without provocation, has killed, inflicted severe injury, or attacked any person. #3 Amend Section | to read: Purpose Purpose Declared: The purposes of this ordinance are to protect the people of Iredell County from (1) dangerous dogs (2) from rabies transmitted by unconfined, uncontrolled or unimmunized dogs and other animals that may be a nuisance, and (3) to insure that dogs and other animals are treated in a humane manner and other purposes. #4 Add paragraph (D) to Section XVIII under Penalties: (D) The animal control officer shall issue a ticket to the owner of a dangerous dog. Any such ticket issued shall impose upon the owner a maximum civil penalty of $2,500 if the dog has killed, maimed, or inflicted serious injury on a person. #5 Revise, or completely rewrite Section VII (C) to bring it in compliance with #s 1 and 4. For example: The word may should be replaced by the word shall in section (6C) of paragraph D. Miller said the revision in this section should make it clear that all dangerous dogs were to be destroyed. He said there should be a clear distinction between “nuisance dogs” (dogs that turn over garbage pails, etc.) and “dangerous dogs.” Attorney Pope asked Mr. Miller about having both a provision to destroy dangerous animals and a fine for the owners. Miller said his proposal was to destroy dangerous animals. He said the fine was already in the county’s ordinance, and he felt that if it remained, it should be increased. Chief Animal Control Officer Sidney Weisner said there were some weaknesses in the current ordinance, and he shared the following proposed amendments to strengthen the document. 1. Amend the terminology of the current ordinance from “vicious dog” to “dangerous dog.” Amend the local ordinance so that when a dog is determined to be dangerous, it will be held at the animal shelter until it's owner can build a “secure enclosure.” 3. Develop specifications for a “secure enclosure.” 4. Microchip each dangerous dog so the animal control department can identify each dog. 5. Require the owner of a dangerous dog to post a sign on the entrance to the property stating that a dangerous dog is present. 6. Increase fines for violations to the dangerous dog ordinance. If a dog bites a person after it has been determined to be dangerous by the Animal Control Department, the owner shall forfeit the dog to the Animal Control Department to be immediately euthanized. Ls) ™ Mr. Weisner said his department would need more manpower and the shelter would have to be enlarged, if the amendments were approved. Commissioner Madison asked Weisner the status of the animal involved in the attack described by Mr. Miller. He asked if the animal had been euthanized. Weisner said the victim did not want to pursue anything further in the incident. County Manager Mashburn asked if a dog received a second chance if it bit someone, provoked or unprovoked. Weisner said that under the present ordinance, whether the dog was provoked or unprovoked, it was given another chance. MOTION by Commissioner Madison to refer the matter back to the animal control department, with assistance to be obtained from the county attorney and manager, for a thorough rewrite of the ordinance with the understanding that the board wanted to do something about biting or dangerous dogs in Iredell County and for the revised ordinance to be presented to the board by the second meeting in February. Chairman Johnson said there should be a distinction between at-large animals and the animals that were on their owner’s property. Sheila King then spoke and requested an increased fine for individuals allowing their animals to be on the property of others. Ms. King said her daughter and grandchildren had been subjected to two Rottweilers running loose in their neighborhood this past year. She said the animal control department had been called numerous times. Ms. King said the two Rottweilers were no longer at the residence, but they had been replaced by a pit bull dog. She said the pit bull dog recently entered her daughter’s home, and frightened her grandchildren. King said her family members had been “terrorized” by the animals. VOTING: Ayes — 4; Nays — 0. CONSENT AGENDA by Commissioner Tice to approve the following nine (9) consent agenda items. VOTING: Ayes — 4; Nays — 0. 1. Request from the Iredell-Statesville School System for a 2002-2003 Capital Outlay Amendment ($1,508,877 from the 2000 Installment Payment Revenue Bond for Future School Construction & $219,301 for an Addition to the Bus Garage) & Approval of Budget Amendment #25: During the briefing, County Finance Officer Blumenstein and Iredell- Statesville Finance Officer Terry Haas explained this request. Haas said the $1,508,877 revision in the capital outlay budget was for the appropriation from the 2000 Installment Payment Revenue Bond, and it would be used for future school construction. She said the $219,301 adjustment would be used to enlarge the school system’s bus garage. Blumenstein said Budget Amendment #25 was needed to reflect the decrease of $219,301 in 2002-03 debt service that had occurred with the refinancing of the 1992 Certificates of Participation. She said the money would be transferred to capital outlay for the school system and used for the bus garage enlargement. 2. Request for Approval of Budget Amendment #23 for the Appropriation of Additional Funds ($12,000) from the E911 Emergency Telephone System Fund for Road Sign Replacements and Maintenance: Planning Supervisor Ron Smith said during the briefing that the budget line item used to purchase new road name signs was low on funds. Smith said the line item had $20,000 budgeted, and $17,705 has been spent in six months. He estimated that an additional $12,000 would be needed to finish out this fiscal year. Smith said one reason the line item was depleted so early was because a large invoice that should have been paid in last year’s budget was carried over for payment in this fiscal year. Mr. Smith said the $12,000 transfer would qualify as an acceptable expenditure from the 911 Availability Fund. | 3. Request from Doug Testa of JS, Regal, LLC for the Release of Zoning and Subdivision Jurisdiction (Extraterritorial Jurisdiction) to the Town of Mooresville for property located along Brawley School Road: At the briefing, Planning Supervisor Smith said Mr. Doug Testa was requesting that two parcels, totaling approximately 3.6 acres, be released to the Town of Mooresville for zoning and subdivision jurisdiction. He said the property was adjacent to the town limits, and it was within the urban services boundary. Smith said that on June 30, 2003, the town board heard a request from the property owner for the tracts to be annexed, and this was approved on December 2, 2002. Mr. Smith said the property was zoned Residential Agricultural by the county, and it was designated for transitional usage in the land development plan. 4. Request for Approval of Budget Amendment #24 for the Recognition of an EZ-LSTA Digitalization Grant for the Library with the Funds to be Used for the Purchase of Computer Equipment for the Scanning and Storing of Historical Documents and Photos: Mrs. Blumenstein said the board granted permission to the library director in September 2002 to apply for a $5,850 grant. She said the grant had been awarded, and the money would be used to purchase computer equipment and supplies to store historical documents and pictures. 5. Request for Approval of the December Refunds and Releases: The following releases and refunds were approved. Breakdown of Releases $30,169.25 County 17,997.65 Solid Waste Fees 234.00 E. Alexander Co. Fire #1 9.48 Shepherd’s Fire #2 5,225.03 Mt. Mourne Fire #3 26.88 All County Fire #4 829.31 Statesville City 1,432.02 Statesville Downtown 2.03 Mooresville Town 3,355.14 Mooresville Downtown 111.91 Mooresville School 840.95 Love Valley 0 Harmony 58 Troutman 104.27 Breakdown of Refunds: $704.42 County 434.88 Solid Waste Fees 26.00 East Alexander Co. Fire #1 0 Shepherd’s Fire #2 54 Mt. Mourne Fire #3 0 All County Fire #4 20.03 Statesville City 142.29 Statesville Downtown 5.96 Mooresville Town 58.05 Mooresville Downtown 0 Mooresville School 16.67 Love Valley 0 Harmony 0 Troutman 0) 6. Request from the Board of Social Services for the Establishment of a New Attorney I Position & Approval of Budget Amendment #24A: (See briefing minutes for an explanation of this request. The new position was approved effective March 1, 2003 at a cost of $18,280 for the remainder of this year. Funding for the position will be taken from IV-D Incentive Funds and Special Children’s Adoption Funds -- there will be no cost to the county.) 7. Request for Approval of an Audit Contract (Fiscal Year Ending June 30, 2003) with McLelland, Rutherford, and McKenzie, PA, CPAs: County Finance Director Blumenstein said a 2002-03 contract had been submitted from McLelland, Rutherford, and McKenzie to (1) perform the county’s single audit (2) assist in the Governmental Accounting Standards Board Statement 34 (GASB 34), and (3) prepare the major portions of the June 30, 2003 annual financial report. She said the contract cost was $35,675, and this was a $1,500 increase from the last year. Blumenstein said the increase was due to the GASB 34 requirements. 8. Request for Approval of the January 7, 2003 Minutes 9. Request for Approval of Budget Amendment #26 for the Recognition and Appropriation of $30,000 to the Harmony Branch Library for FY 2002-03 and $45,000 for FY 2003-04: A promissory note was approved in the amount of $87,000 in 1997 for the North Iredell Rescue Squad. Recently, a final payment of $76,000 was received. Mayor John Ray Campbell of Harmony recently requested additional funds for the town’s library, and he suggested that the promissory note payment be used. County Manager Mashburn said the county had previously budgeted $150,000 for the Harmony library, and a $10,000 grant had been awarded. He said the county’s library director was aware of the mayor’s request and had indicated it would be difficult to spend more than $30,000 in additional funds at the Harmony site during the remainder of this fiscal year. (It was for this reason the board agreed to appropriate an additional $30,000 in the current year’s budget and to set aside $45,000 for the Harmony library in the FY 03-04 budget.) Request for the Consideration of the Removal of a Board of Health Member: Commissioner Tice said it had been brought to the board’s attention by the health director and the board of health, that Dr. John McLelland, a member of the Iredell County Board of Health, had not attended a single meeting in the past year. by Commissioner Tice to direct the Clerk to the Board to notify Dr. McLelland, in writing, of the board’s intent to remove him from office because of his absentism and to provide him an opportunity to respond to the board in writing, on or before its next meeting, which will be February 4, 2003. VOTING: Ayes — 4; Nays — 0. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Nursing Home Advisory Committee (4 announcements) Adult Care Home Community Advisory Committee (1 announcement) Juvenile Crime Prevention Council (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Nursing Home Advisory Committee (2 appointments): No nominations were submitted, and Chairman Johnson moved | to postpone the two appointments until the February 4 meeting. VOTING: Ayes — 4; Nays — 0. Adult Care Home Community Advisory Committee (4 appointments): No nominations were submitted, and Chairman Johnson moved to postpone the four appointments until the February 4 meeting. VOTING: Ayes — 4; Nays — 0. COUNTY MANAGER’S REPORT Legislative Conferences for the North Carolina Association of County Commissioners (NCACC) _and the National Association of Counties (NACo): | County Manager Mashburn mentioned the legislative goals passed by the NCACC on January 16 and 17. He said the association was trying to compile a listing of concerns regarding federal legislation and rule making. Mashburn said the listing would be delivered to the congressional delegation in March at the NACo conference, and if the commissioners had any concerns they wanted to share, they had until January 31 to submit them. New Iredell County Library: Mashburn said $200,000 had been presented to the City of Statesville from an anonymous donor for the new library. He said the donation would be added to the city’s appropriation of $1 million, and it would be drawn down in the same manner (spread out over the total construction period). ADJOURNMENT: MOTION by Chairman Johnson to adjourn the meeting at 7:50 p.m. NEXT MEETING: Tuesday, February 4, 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: Lures Y Ald 3 deine: uf Clerk to the Board 6 IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES JANUARY 21, 2003 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, January 21, 2003, 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 Doug Madison Marvin Norman Sara Haire Tice Absent: Vice Chairman Godfrey Williams was absent due to a business commitment out of the country. Staff present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, Emergency Services Director Tracy Jackson, Chief Animal Control Officer Sidney Weisner, Support Services Director Jim Vernon, Social Services Director Don Wall, Social Services Attorney Thomas Young, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman J ohnson. REQUEST FOR APPROVAL OF THE SEWER EXTENSION BIDS FOR THE MILLARD REFRIGERATED SERVICES INC., PROJECT: Jerry Twiggs, with West Consultants of Morganton, N.C., was present at the briefing to share information about the sewer bids opened on January 16, 2003, for the Millard Refrigerated Services Sewer Project. He said the low bid was from Bell Construction Company for $160,466. County Manager Mashburn said the county’s total commitment to Millard was in the form of an economic development incentive for $112,800 spread out over five years. Mashburn said other entities had pledged funds for the Millard project and applications had been submitted for various grants. He said the Millard Refrigerated/West Farm water tank project would cost approximately $1.2 million. Due to other business items needing approval prior to the awarding of the sewer contract, Mashburn requested for this matter to be deleted from the agenda. REQUEST FROM THE BOARD OF SOCIAL SERVICES FOR THE ESTABLISHMENT OF A NEW ATTORNEY I POSITION: Social Services Director Wall explained the need for an additional attorney, and he presented the following budgetary information for the position. Attorney I Position March — June 2002 Salary: $42,840 +12 months = $3,570 x 4 months (March-June) = $14,280 FICA (.0765) 1,092 401K and Retirement (10%) = 1,428 Health Insurance (4440 + 12 = $370 x 4 months) = 1,480 Total for4 months $18,280 $18,280 + 2 = $9,140 Child Support Program $9,140 x 66% Federal = $6,032 $9,140 x 34% IV-D Incentive Fund = $3,108 Cost to County = 0 Services and Income Maintenance Programs $9,140 x 50% Federal = $4,570 $9,140 x 50% Special Children’s Adoption Fund = $4,570 Cost to County = 0 IV-D Federal = $6,032 IV-D Incentive = 3,108 Services/IM Program Fed = 4,570 Special Children’s Adoption Fund = 4,570 County Cost = 2 Total $18,280 Cost FY 03-04 Salary = $42,840 FICA = 3,277 401K & Retirement = 4,284 Health Insurance = 4,200 Total $54,601 IV-D Federal 66% = $18,019 IV-D Incentive 34% = 9,282 Services/IM Program Fed = 13,650 Special Children’s Adoption Fund = 13,650 County Cost = 0 Total $54,601 Wall said additional legal assistance was needed in the Child Support Program, the Income Maintenance Program, and in other areas. He said another attorney could help in achieving higher child support collections and assisting with the placement of children for adoptions. He said the department had 100 children in custody now, and during this fiscal year 21 adoptions had been finalized. Mr. Wall said the department’s attorney was in court almost every day and more time was needed for paperwork. He said no funds would be needed from the county for the new position due to having federal child support money (66%) and incentive money (34%) that could be used for the salary and benefits. Social Services Attorney Thomas Young added that obtaining liens on property was a lengthy process and additional legal assistance in this area would be helpful. (Mrs. Blumenstein said Budget Amendment #24A could be used for the establishment of the position.) ADJOURNMENT: Chairman Johnson adjourned the briefing session at 6:15 p.m. Approved: i d 2003 i. a J?) OV r Pas Clerk to the Board l IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES FEBRUARY 4, 2003 The Iredell County Board of Commissioners met in~Regular Session on Tuesday, February 4, 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, Social Services Director Don Wall, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. INVOCATION by Commissioner Norman. ADJUSTMENTS TO THE AGENDA: MOTION by Chairman Johnson to adjust the agenda by: Deletions: e Request for Approval of an Agreement between Millard Refrigeration, Inc., and Iredell County for the Operation and Maintenance of a Sewer Line e Request for Approval of an Agreement Between EnergyUnited Water Corporation and Iredell County for the Operation and Maintenance of a Water Tank Closed Session for Personnel: G.S. 143-318.11 (a) (6) Request for Approval of an Amendment to the Library Capital Project Ordinance to Recognize $200,000 for the New Library Request from the Shepherd’s Volunteer Fire Department for the Waiver of Tipping Fees Associated with Demolition Debris from the Department’s Former Building e Announcement of 22 Vacancies on the Local Emergency Planning Committee Additions: VOTING: Ayes — 5; Nays — 0. APPOINTMENTS BEFORE THE BOARD Mr. Hughes Alborte Requests an Appointment Before the Board Regarding the Relocation of Master Cleaners and the Assistance Offered by the County on November 4, 2002: Mr. Alborte said the county had previously offered to financially assist in the relocation of his business to Troutman. He said the original offer of $25,800 was to aid in the plumbing and electrical costs for the new site. Alborte said a different location was now being considered (old Smith’s Cleaners), and it was being offered to him in an “as is” condition. Alborte said carpentry work was needed, especially for the installation of new windows. Chairman Johnson asked if the new site would be purchased or leased. Alborte said leased. Commissioner Williams asked Mr. Alborte if he was asking for additional money, or if he was asking to spend the money on improvements other than plumbing and electrical. Alborte said he was not seeking additional money. 4 Johnson asked Mr. Alborte if there was an itemized listing of the expected costs for the building. Alborte said he could make a list. County Manager Mashburn said that when the Master Cleaner’s building was purchased by the county, the plan, at that time, was to use the county staff to relocate the cleaning business equipment to a new location. He said, however, the staff was not equipped to reconnect the electrical wiring and plumbing components. Mashburn said quotes from plumbing and electrical contractors were obtained, and the cost was $25,800 for a site in Troutman. He said the board of commissioners in November 2002 agreed to financially assist Mr. Alborte in the amount of $25,800 for the plumbing and electrical work. Mashburn said later, Mr. Alborte met with him and discussed the new site. Mashburn said Mr. Alborte was also requesting a letter of commitment from the board, if the new request was granted. He said Alborte wanted to take the letter to financial institutions to show that he had a portion of the renovation money. Commissioner Norman asked if the $25,800 would be connected to invoices submitted by Mr. Alborte. Mashburn said yes. He said Mr. Alborte would submit the invoices to the county for payment. Chairman Johnson said he felt the county had a moral obligation to assist Mr. Alborte; however, he had concerns about making structural changes on a leased building. by Commissioner Madison to approve Mr. Alborte’s financial request of $25,800 to be used in the relocation of his dry cleaning business with the following stipulations: 1. Cost estimates for the relocation work will be submitted to the county manager. 2. The county manager will submit the estimates to the commissioners. 3. Once the work has been accomplished, the invoices will be submitted to the county, and the vendors will be paid up to $25,800. VOTING: Ayes — 5; Nays -— 0. (Note: A letter of intent will also be prepared for Mr. Alborte to use at the banking institutions.) Presentation of the Child Protection/Fatality Team (CP/FT)Annual Report by Social Services Director Don Wall: Mr. Wall described the many projects, services, and programs, his staff, along with other county departments and the community had worked on during the last year to make the lives of Iredell County’s children safer and healthier. Some statistics shared by Wall for the year 2002 were: (1) 25 child protective services cases were reviewed by the CP/FT. (2) 20 child fatality cases were reviewed by the team. PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Case No. 0212-1; Dennis & Julie Tomlin Request an Amendment to the Iredell County Land Use Plan and a Rezoning of Property located at 1024 Tomlin Mill Road, Statesville, NC, from Residential Agricultural to General Business District: Planning Supervisor Smith said the applicants desired to rezone 5.24 acres from Residential Agricultural to General Business. He said the property (PIN#4749-93- 2 3925) was surrounded by commercial, residential, and farm uses. Smith said the staff recommended approval, and that on January 8, 2003, the planning board unanimously recommended approval. Attorney Bedford Cannon, representing the applicants, said the request was consistent with the future development of the properties at the I-77 interchange, and a contract was pending. No one else desired to speak, and Chairman Johnson adjourned the hearing. MOTION by Commissioner Norman to (1) amend the Land Use Plan in reference to Case No. 0212-1 (Tomlin) and (2) grant the rezoning request from Residential Agricultural to General Business District. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Case No. 0212-2; Eight Property Owners Request for their Properties located at the Intersection of Taylorsville Highway and Antietam Road, in the Scotts Community, to be Rezoned from Neighborhood Business to Highway Business District: Planning Supervisor Smith said the owners/applicants desired to rezone approximately seven acres (total acreage 12.81) from Neighborhood Business to a Highway Business Zoning District. Smith said the applicant desired to sell used cars on his property. He said that due to the surrounding property being mostly residential, the staff preferred for the property to remain Neighborhood Business; however, on January 8, 2003, in a 6-4 vote, the planning board recommended approval of the applicant’s request. The owners of the property are: Joseph Norris Feimster (also applicant) Kim F. Mayberry P.O. Box 81 422 East Lackey Farm Road Scotts, NC 28699 Stony Point, NC 28678 Nina Garris Robert Feimster 112 Bambi Lane P.O. Box 13 Statesville, NC 28625 Scotts, NC 28699-0013 Public Service Company of NC Kingdom Way Church in Jesus P.O. Box 1398 P.O. Box 110 Gastonia, NC 28053-1398 Scotts, NC 28699 Paul L. Feimster & Janice Walters Mary Diane & Danny Mason 801 Cherry Hill Road 216 New Amity Road Bloomsburg, PA 17815 Statesville, NC 28625-1804 The PIN #s for the property are: #4706-47-5932; 4706-47-6733; 4706-47-7614; 4706-47-8812; 4706-48-4002, and a portion of #s 4706-47-2721, 4706-47-0888, 4706- 47-3439, 4706-47-4483. No one else desired to speak, and Chairman Johnson adjourned the hearing. by Commissioner Tice to rezone Case No. 0212-2 (Eight Property Owners) from Neighborhood Business Zoning District to Highway Business Zoning District. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing and requested all persons desiring to speak in reference to Case No. 0212-3 to come forward and be sworn in. Case No. 0212-3; Mark Lancaster, the Applicant for Marlan Properties, Inc., Requests an Amendment to a Conditional Use Zoning for Property (PIN#4730-72- 5706) located at 1156 Perth Road, in Troutman, NC (The property is currently zoned General Business Conditional Use District.) Planning Supervisor Smith said the owner/applicant desired to revise the conditions that were established in 2001 on property currently being used as a dock and pier building facility with 17 boat slips. Smith said the amendment would be for a charter boat with the following additional conditions: e Routes of operation —- Lake Norman e Passenger capacity — 35 e Boat Size - 14’ x 56’ Noise level — minimal e Hours of operation — when charters are reserved Frequency of operation — when charters are reserved e Proximity (distance from) to the shoreline while in operation — 150” from dock or shoreline e Sewage disposal and method of disposal — pump out at Blue Parrott or Queens Landing or mobile unit from Maggie Ann’s Marina e On shore supporting facilities — existing building or boardwalk area Smith said the size of the property was just over one and half acres and it was adjacent to Skippers Dry Storage. He said the surrounding property uses were the lake, as well as commercial and residential properties. Mr. Smith said the request was lake oriented and the staff was comfortable with the amendment. He said the planning board unanimously voted approval of the request on January 8, 2003. Commissioner Tice said she understood there was no opposition voiced at the planning board meeting about the amendment. Smith said this was correct. No one else desired to speak, and Chairman Johnson adjourned the hearing. by Commissioner Williams, after reviewing the findings of fact and determining them to be in order, to approve an amendment to a conditional use zoning for Case No. 0212-3 (Mark Lancaster/ Marlan Properties, Inc.). VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing and requested all persons desiring to speak in reference to Case No. 0301-1 to come forward and be sworn in. Case No. 0301-1; E. Charles Dalton Requests an Amendment to the Iredell County Land Use Plan and a Rezoning from Residential Agricultural & General Business to General Business Conditional Use District for property located at 2110 Statesville Highway in Mooresville, NC: Planning Supervisor Smith said the owner/applicant was requesting to rezone a portion of property (.18 acres of a total .53 parcel — PIN#4658-74-9671) to be used for any and all uses allowed in the General Business District with the following conditions: e Shall be used for open air uses and parking affiliated with the property currently zoned General Business to the north @ No internally lighted signs allowed on the property e 36 square foot maximum sign copy area Smith said the staff would prefer for the tract to be zoned Neighborhood Business, but the property has been listed General Business since zoning was first established. He said; however, the conditions that Mr. Dalton had agreed to minimized the impact on the surrounding properties. Mr. Smith said that on January 8, 2003, the planning recommended approval in a 7-3 vote. No one else desired to speak, and Chairman Johnson adjourned the hearing. 4 MOTION by Commissioner Tice, after reviewing the findings of fact and determining them to be in order, to (1) amend the Iredell County Land Use Plan, and (2) approve the rezoning request of Case No. 0301-1 (Dalton) from Residential Agricultural & General Business to General Business Conditional Use District. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing and requested all persons desiring to speak in reference to Case No. 0212-4 to come forward and be sworn in. Case No. 0212-4; Thomas S. Wilson, the Applicant for the Lake Norman Airport Property, Requests an Amendment to a Heavy Manufacturing Conditional Use District Zoning and to Rezone a Portion of Property located at 149 Yeager Road in Mooresville, NC, from Residential Agricultural (RA) and Single Family Residential (R-20) to Heavy Manufacturing Conditional Use District (M-2 CUD) (PIN#4638-62-0564): Planning Supervisor Smith said the applicant desired to rezone a small piece of property (.21 acres) from RA and R-20 to M-2 CUD and to add new conditions to an existing M-2 CUD. He said the proposed conditions were: 1. Limit the new M-2 zoning area to: a. no new construction, paving, or expansion b. existing paved areas shall be used for parking planes (tie-downs) and only internal traffic movement 2. Add to the conditions of the M-2 CUD to allow for fuel sales, as approved by the fire marshal Smith said the existing land use was an airport surrounded by an airpark, and the surrounding land uses were residential as well as vacant parcels. Mr. Smith said the staff had been working with Dr. Wilson, the applicant, this past year in an effort to correct several zoning violations involving the existing hangars, the buffering, and the M-2 conditions. Smith said the change in the conditions and the rezoning request would help to correct the violations. He said the rezoning would allow Dr. Wilson to have a buffer that was basically non-existent at the present. Smith said the proposed change in the existing conditions concerned the fuel tank that was on the property. He said Dr. Wilson had appealed the staff's interpretation of the zoning violations, but the board of adjustment had upheld the staff's findings. He said the planning board on January 8, 2003, unanimously recommended approval of the requests. Mac Queen expressed concerns about the property values for the residents and their quality of life. Queen said he was not in favor of granting the rezoning request for the “triangular” section, and he would limit the fuel sales to one tank containing 100 low-lead at one location. (He also mentioned that he didn’t believe any of the residents had ever received “deeded lake access” on their deeds.) Rick Gamble said he was opposed to any “commercialization” at the airpark, and he was at the meeting on behalf of the Grand Bay Homeowners Association. Gamble distributed a letter signed by Shannon Marshall, the President of the Association, requesting that any zoning or rezoning requests be denied that might lead to further commercialization of the airpark. Jake Atteberry said he wanted uses at the airpark that benefited his property. Mr. Atteberry said that at the planning board meeting, he requested that a gate be placed at the fuel tank entrance. He said a letter had been sent to the commissioners from Sheriff Phil Redmond regarding security concerns at the fuel area. John Schroeder said he was in favor of the rezoning request. He said it involved an “honest attempt to resolve some issues that could be blamed on both sides.” Mr. Schroeder said he didn’t see any problems with the fuel sales, and he would simply say “aviation fuel 5 instead of low-lead” due to the possibility of planes using something different in the future. He said the airplane owners were asked about having fuel available at the park, and 78 were in favor and 5 were against. Mr. Schroeder said some of the violations had occurred due to advice from the county. Anthony “Tony” Mariano said he didn’t want to see any future development of the airpark, but the rezoning request was justified. | Mariano said there was fuel at the site when he purchased his property, and he expected it to be available in the future along with the maintenance facility. He said it was the responsibility of the commissioners, and the planning board members, to remind future developers that the vacant properties were in an airport traffic area. Howard Cochoran said he supported the zoning change. He said he couldn’t understand the opposition to the request “to move the line a few feet for the purposes of planting some additional buffers to help alleviate the noise.” Cochoran said he also supported fuel sales and the maintenance facility. Walter Smith, the President of the Lake Norman Airpark Owners Association, said that in 1994, an agreement occurred between the residents and Dr. Wilson. He said the runway and 43 acres were deeded to the Association. In exchange, the Association gave Dr. Wilson “some certain rights to develop.” He said the agreement/contract also stipulated the owners would support any rezoning efforts by Dr. Wilson. Donald Sink said he didn’t necessarily like everything that happened at the airpark, but the proposed revisions would help to “correct some rough edges.” He said fuel availability was a necessity. Rob Porter said he lived adjacent to the area being proposed for the rezoning. He said he didn’t have any complaints about the “tie-down areas” or the fuel sales, but he did have a problem with the rezoning. Porter said, “The way it is now, I would be very hard pressed to find a qualified buyer when it’s disclosed to them that my property is next door to an industrial operation.” He said that if there was going to be “an industrial strength operation, there should be an industrial strength buffer.” Porter requested for the commissioners to be careful on the conditional uses. David Parker, an attorney representing the applicant, said he felt that if given time, a “consensus” could be built to resolve the issues. He also mentioned the letter sent by Sheriff Redmond expressing homeland security concerns, and he requested for the hearing to be continued for about four weeks to build a “consensus.” Jim Slate said the site was a residential airpark and not an airport. He said there were “tens of millions of dollars in residential homes in the area, and there were a few million dollars in commercial properties.” He said 85% of the traffic was due to the commercial aspect, and the remaining 15 from residential. Slate said he didn’t want the airpark to expand. He suggested a noise barrier wall similar to what was used on the interstates to separate Mr. Porter’s property from the park. Mr. Slate brought a small Leyland Cypress to illustrate how ineffective it was to eliminate noise. Sandy McCurdy, a member of the planning board, said she excused herself from voting when the rezoning request was presented at the January 8 meeting. McCurdy, a resident of 460 Normandy Road, said she had owned her property since 1975. She said Dr. Wilson, in the past, had promised that the airpark would not be commercial and it would be used for residential purposes. McCurdy said she was not against the fuel sales, but it needed to occur in a secure area. She said, however, jet fuel should not be sold. McCurdy voiced concerns about the safety of the children attending schools in the area. She said a copy of the January Environmental Protection Agency Resource Conservation and Recovery Act (RCRA) inspection report revealed that runoff was a problem. MOTION by Commissioner Tice to continue the public hearing for four weeks in an effort to allow Dr. Wilson and the residents to build a consensus on some of the issues. Commissioner Madison said he felt the continuation was appropriate, and he hoped that in the next four weeks the homeowner’s association and Dr. Wilson developed a “realistic” approach to the entire area. He said there should be some mechanism in place to remove the more offensive operations away from the residential area. Madison suggested that a berm or solid fencing be used instead of the trees. In reference to the fuel, he said it should be secured as the sheriff and Ms. McCurdy had indicated. Commissioner Williams and Norman both agreed with the four-week continuation. Chairman Johnson said he understood there was an effort underway to change the taxiways. Walter Smith said there were several options, and he recently met with a contractor about repaving. He said there were some funds available. Smith said the airpark had been surveyed and there was about an 85% consensus on about 95% of the issues. He said there had been some discussion on tearing up parts of the taxiway to improve the vegetation buffer. Smith said he wanted to make sure the association didn’t return to the board of commissioners with anything “too broad in scope.” Chairman Johnson said, “In the M-2 area, in what is now 149 Yeager Road, there needs to be additional conditions on the hangar. I think it’s unreasonable to assume there will not be contention when there is M-2 activity in an area that close to residential property. I am sympathetic to Mr. Porter and the problem he has with noise. I am sympathetic enough that if this request comes down to the noise issue, and if there is no relief for Mr. Porter, I will not vote in favor for the request. I feel the hangar at 149 Yeager Road should be for aircraft storage only. I feel there should be something more than Leyland Cypress trees as a buffer. There needs to be additional fencing around the fuel tanks for security. There should be some regulation on the fuel, to some degree, as to what type of planes will find it to their advantage to land at the site. I think the area that is now commercial needs to remain economically viable. I will vote for a proposal that continues to allow the sale of fuel. I realize this is an activity that is now occurring in violation of the rules, but if you don’t have fuel sales, you don’t have an airfield. I could agree to relaxing the conditions in the M-2 CUD area, as far as upholstery, an avionics shop, and as far as aircraft restoration and maintenance, etc. I do have a particular problem with the helicopters, especially with student pilots. As far as the check haulers, I could live with this if the homeowner’s association could reroute the taxiways as far away as possible to alleviate some of the conditions around the residential area, I could allow the continuation of the flight school. I don’t want to be too specific and preclude any opportunities. In general terms, I don’t want to do anything punitive against the applicant that would damage his possibility of being economically viable. 1 will support any effort to maintain the integrity of the residential area. I think that’s in the best interest of the airpark as a whole.” VOTING: Ayes — 5; Nays — 0. CONSENT AGENDA MOTION by Commissioner Madison to approve the following 11 consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. Request for the Appointment of an Interim County Assessor: Mr. Bobby Miller, of Hickory, N.C., was appointed on a contractual basis as the interim county assessor. Miller will be paid $500 a day, plus mileage. (The county manager said, during the briefing session, that applications had been received for the position, and it was hoped an appointment could be made by the first of April.) 2. Request from the Library Director for Authorization to Apply for a Telecommunication E-Rate Program Discount: During the briefing, Library Director Steve Messick said the county was eligible to receive $7,926 in reimbursements from the Federal Communications Commission’s E-Rate Program for Internet and regular telephone access services at the Statesville and Harmony libraries. 3. Request from the Sheriff's Department for the Transfer of $40,000 from the Overtime Line Item to the Part-Time Help Line Item: Chief Deputy Rick Dowdle advised during the briefing that for several reasons, one being that an employee was out on maternity leave, that the department was requesting for $40,000 to be shifted from overtime to the part-time help line item. 4. Request from the Sheriff's Department for Approval of Budget Amendment #28 for the Transfer of $1,500 from the Commissary Account to Jail Supplies for the Purchase of a Cooking Table & (2) the Purchase of a Generator with the funds ($63,250) to be derived from Seized (Other) Funds: Also during the briefing, Chief Deputy Rick Dowdle explained a request for the purchase of the following two items. (a) Stainless Steel Cooking or Preparation Table with a #10 Can Opener ($1,500) (b) Generator to be installed behind the South Wing Annex of the Iredell County Government Center to help in the maintenance of the Division of Criminal Information (DCI) Mainframe §. Request for the Re-Establishment of the Local Emergency Planning Committee (LEPC): Emergency Services Director Tracy Jackson explained during the briefing that a LEPC was organized in 1987, but it disbanded in the early to mid-1990s. He requested the re-establishment of the committee for several reasons, e.g., domestic preparedness and the monitoring of facilities that store, transport and utilize hazardous chemicals in the county. 6. Request from the Emergency Services Director for Permission to Apply for a Weapons of Mass Destruction Grant from the Department of Justice: Emergency Services Director Jackson requested permission to apply for $40,699 ($37,058 for equipment) and $3,641 (exercise expenses) from the Department of Justice to assist emergency responders in the event of a weapons of mass destruction occurrence. 7. Request for Approval of a Bank of America Banking Resolution Regarding the Iredell County Government Center-South (ICGC-S) Project: During the briefing, Finance Director Blumenstein said the financing proceeds for the ICGC-S project were through a temporary checking account with Bank of America. She said the bank was requesting approval of a resolution indicating the signatories for the banking services. 8. Request for Approval of Budget Amendment #27 for the Recognition/Appropriation of Reimbursements from Insurance Claims: Blumenstein said that for the period extending from July 1, 2002 — January 21, 2003, a total of $31,083 had been received from insurance claims. She said the amendment would recognize the money and appropriate it to the proper budget line items. 9. Request for Approval of an Addendum to the Inter-Local Government Agreement between the City of Statesville and Iredell County Regarding the new Iredell County Library and a Request for the Approval of an Amendment to the Library Capital Project Ordinance in Recognition of $200,000 for the new Library from an Anonymous Donor: The addendum to the October 7, 2002 Inter-Local Agreement will reflect a $200,000 anonymous contribution to the new Iredell County Library. Finance Director Blumenstein amended the library ordinance to recognize the $200,000. The amended ordinance is: Amended Capital Project Ordinance Be it Ordained by the Board of Commissioners of Iredell County, North Carolina: Section 1. Funds for this Capital Project Fund will be provided from the following source: 8 City of Statesville Contribution $ 1,200,000 Value of Donated Building Materials 50,000 Transfers from Capital Reserve Fund 5,377,682 $6,627,682 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 $ 341,110 Property Acquisition 496,250 Demolition & Land Preparation 75,000 General Construction 5,715,322 $ 6,627,682 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. x* eK 10. Request for Approval of the January 21, 2003 Minutes 11. Request from the Shepherd’s Volunteer Fire Department for the Waiver of Tipping Fees Associated with the Demolition Debris for the Department’s Former Building: (The department’s new facility has been completed, and the VFD plans to demolish the former building. During the briefing, Shepherd’s Fire Chief Kelly Robinson said the one-time tipping fee waiver was being requested for the disposal of debris at the county landfill.) ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Juvenile Crime Prevention Council (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Nursing Home Advisory Committee (6 appointments): Commissioner Tice nominated LaRue Burleigh and Deborah Okamuro for reappointments. No other nominations were submitted. Commissioner Madison to close the nominations, accept Burleigh and Okamuro by acclamation, and to postpone the other four appointments until the February 18 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (5 appointments): No moved nominations were submitted, and Commissioner Madison to postpone the appointments until the February 18 meeting. VOTING: Ayes — 5; Nays — 0. Juvenile Crime Prevention Council (1 appointment): © Commissioner Madison nominated Carrie Clodfelter, an Assistant District Attorney, to represent the district attorney’s office on the council. Chairman Johnson Imoved| to close the nominations and accept Clodfelter by acclamation. VOTING: Ayes — 5; Nays — 0. Board of Health (1 appointment): Commissioner Tice nominated Dr. LuAnne Gatlin as the physician appointee for the board of health. Commissioner Madison moved for the nominations to be closed and to accept Dr. Gatlin by acclamation. VOTING: Ayes — 5; Nays — 0. UNFINISHED BUSINESS Appointments to the Three Committees Needing _Commissioner Representation: © Commissioner Williams nominated Commissioner Doug Madison for appointments to the Smart Start/Iredell Partnership for Young Children Committee, the Centralina Council Board of Delegates, and the Home and Community Care Block Grant Committee. IMOTION | by Chairman Johnson to close the nominations and appoint Mr. Madison by acclamation to the three committees. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER’S REPORT Proposed Agenda for the Winter Planning Session on February 14 & 15: The county manager requested the board members to review the proposed agenda and to let him know if any items needed to be deleted or added. Delay on the Animal Control Ordinance Re-write: County Manager Mashburr said that at the January 21 meeting, the board had instructed the staff to prepare revisions to the animal control ordinance and to present them at the February 18 meeting. Mashburn said the staff needed additional time to modify the document, but that it should be ready by the first meeting in March (March 4, 2003). CLOSED SESSION: by Chairman Johnson to enter into closed session at 9:30 p.m., for the purpose of discussing 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 9:45 P.M. NGK Ceramics USA _Inc., Economic Grant Incentive: MOTION by Commissioner Norman to call for a public hearing on Tuesday, February 18, 2003, at 7:00 p.m., regarding an annual economic incentive grant of $118,665 (over a six-year period) for NGK Ceramics, Inc., based on an expansion project totaling $31,365,000 to be completed by January of 2005. VOTING: Ayes — 5; Nays — 0. Merit Increase for the Register of Deeds: MOTION by Chairman Johnson to increase the salary of Register of Deeds Brenda Bell by 3.5% (merit pay) effective February 4, 2003. VOTING: Ayes — 5; Nays - 0. 10 Merit Increase for the Sheriff: MOTION by Commissioner Williams to increase the salary of Sheriff Phil Redmond by 3.5% (merit pay) effective February 4, 2003. VOTING: Ayes — 5; Nays — 0. Merit Increase for the County Manager: [MOTION by Commissioner Tice to increase the salary of County Manager Joel Mashburn by 3.5% (merit pay) effective February 4, 2003. VOTING: Ayes — 5; Nays — 0. ADJOURNMENT: MOTION by Chairman Johnson to adjourn the meeting at 9:50 p.m. NEXT MEETING: Tuesday, February 18, 2003, 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: lie: acy ([§F, LUC a ML q4/ < Gp Ut r ‘/ Clerk to the Board 11 IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES FEBRUARY 4, 2003 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, February 4, 2003, 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, Library Director Steve Messick, Jail Administrator Rick Dowdle, Emergency Services Director Tracy Jackson, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. REQUEST FROM THE SHEPHERD’S VOLUNTEER FIRE DEPARTMENT FOR THE WAIVER OF TIPPING FEES ASSOCIATED WITH THE DEMOLITION OF THE DEPARTMENT’S FORMER BUILDING: Kelly Robinson, Chief of the Shepherd’s VFD, requested a one-time waiver of tipping fees ($3,000 to $3,500) for debris resulting from the demolition of the department’s former building. REQUEST FOR THE APPOINTMENT OF AN INTERIM COUNTY ASSESSOR: County Manager Mashburn said the General Statutes did not address interim assessors; however, conversations with representatives of the Institute of Government and the Department of Revenue advised of the importance of having a knowledgeable taxation person in the tax office, especially during a revaluation year. Mashburn said approximately 50 applications had been received for the county assessor’s position, but only four or five of the candidates were certified. He said the statutes did, however, allow individuals to work towards certification after employment. Mashburn estimated it would be the first of April before an assessor could be hired. He proposed that between now and April, that Mr. Bobby Miller serve as the interim assessor on a contractual basis. Mashburn said Miller had retired from Catawba County after 33 years of service in the tax office. He said Miller was presently serving as the interim assessor in Union County, but his association there would soon end. Mashburn said Miller would be paid $500 a day (Tuesday, Wednesday and Thursday), plus mileage. He said Miller would be familiar with the land types in the county, and this was important because the upcoming budget would be dependent upon an accurate base value. PLANNING & ZONING CASES: Planning Supervisor Ron Smith explained the five public hearing cases. In reference to Case 0212-4 (Lake Norman Airport), David Parker, an attorney for the applicant (Dr. Thomas Wilson), requested a postponement of the request for 30 days. Parker said some homeland security issues had surfaced, and his client wanted to obtain a “consensus” with the community before a decision was made. Chairman Johnson said he felt the public hearing should proceed as planned to allow the residents to voice their concerns. He said this was needed to know what issues had to be addressed to reach a “consensus.” UPDATE ON HWY. 21 SATELLITE JAIL (former prison unit): Chief Deputy Rick Dowdle said 267 inmates were in the jail this weekend. He said the inmate count was now down to 248, but he reminded the board members that the jail was built to hold 201. Dowdle said the former prison site could hold 92 inmates, and the state was still reviewing the lease documents. Mashburn said the county had been working with an engineer (J ohn Garland) on the sewer system for the site. He said all of the sewer options would be expensive ($750,000 to $1 million). UPDATE ON THE REFUNDING OF THE 2000 INSTALLMENT PAYMENT NOTE: Finance Director Blumenstein said it appeared the bond refunding would save approximately $1 million over the life of the bonds. She said the closing for the documents was scheduled for February 20 and 21 in Charlotte. ADJOURNMENT: Chairman Johnson adjourned the briefing session at 6:25 p.m. /) APPROVED: 24a /¥, Xb03 Khan 0: Myer } Z Clerk to the Board f Nm re IREDELL COUNTY BOARD OF COMMISSIONERS WINTER PLANNING SESSION MINUTES FRIDAY, FEBRUARY 14, 2003 The Iredell County Board of Commissioners met for a Winter Planning Session on Friday, February 14, 2003, 8:00 a.m., at the Agricultural Resource Center, 444 Bristol Drive, Statesville, NC. Present were: Chairman Steve D. Johnson Vice Chairman Godfrey Williams Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Support Services Director Jim Vernon, and Clerk to the Board Jean Moore. Media in attendance during some segments of the session were: Michelle Harrison, Statesville Record & Landmark Michael Roessler, Mooresville Tribune Kathryn Wellin, Charlotte Observer/Iredell Neighbors Emily Nantz, Adelphia News Cara Froedge, Statesville Record & Landmark CALL TO ORDER by Chairman Johnson. REVENUE PROJECTIONS: Finance Director Blumenstein gave an optimistic projection for the county’s year-end revenues as of June 30, 2003. She said all of the county departments, with the exception of legal, would probably be under budget. Blumenstein estimated the June 30" fund balance would be around $11,469,648, or 10.5% of the FY 02-03 budget. Financial spreadsheets were shared with the commissioners, and there were concerns expressed about EMS reimbursements, especially since the fees were increased this year. Blumenstein said on-line billing was occurring with both Medicare and Medicaid, and the staff would be monitoring the payment procedures in the next few weeks. UPDATE ON 2003 REVALUATION: Appraisal Supervisor Jim Deaton distributed information regarding the revaluation. He said 65,000 parcels were reviewed in 1999 compared to over 79,000 for this year. Deaton said most of the parcel owners would see an overall increased value ranging from 5 to 60%. He said some parcels would see a decrease, and this was primarily due to buildings and land being removed. He noted that most owners of large vacant land areas would see an increase and the same would occur with parcels where land or buildings had been added. Deaton said some might see an increase of more than 200%. Mr. Deaton said the total percentage increase by townships for the county was 24.69%, and this was determined by the following townships’ percentage of increase. New Hope 39.54% Union Grove 39.59% Eagle Mills 44.69% Sharpesburg 37.91% Olin 31.90% Turnersburg 34.50% Concord 22.45% Bethany 24.57% Cool Springs 32.84% Shiloh 24.92% Statesville Inside 16.73% Statesville Outside 20.92% Chambersburg 20.86% Fallstown 33.39% Barringer 30.11% Davidson 24.98% Coddle Creek 22.21% Deaton said many taxpayers requested that their property values be increased. IREDELL-STATESVILLE __(1-S)_ SCHOOL SYSTEM’S __2003-2004 BUDGET UPDATE: I-S Board of Education Chairman David Cash, I-S Superintendent Terry Holliday, I-S Finance Officer Terry Haas, and Dr. Julia Williams (I-S Facilitator for the Facilities Task Force) attended the meeting to discuss school needs. Dr. Holliday requested in current expense that the funding level be restored to five percent, plus growth, over the FY 02-03 appropriation. In facility needs, he encouraged the commissioners to proceed with the Certificates of Participation issuance ($24 million) for the following three projects: Renovations/additions at Harmony Elementary Renovations/additions at Scotts Elementary New K-5 school in the Brawley School Road area Also, he said the Facilities Task Force would soon reconvene, and he encouraged the commissioners to fund any additional projects identified by this group. Holliday said the system would experience a 20 to 30% increase in hospitalization costs during the coming year, along with retirement increases. Dr. Cash said the system was trying to increase the teacher supplement. He said a four-year plan was being used to raise it to eight percent. (It is currently at six and a quarter percent.) Dr. Williams said the task force findings would be available by June of this year. She said a new school for the southern sector was presently being designed. Williams said the core design would be for 800 students; however, the bids would specify 600 with an alternate for 200 more. MOORESVILLE GRADED SCHOOL SYSTEM’S 2003-2004 BUDGET UPDATE: Mooresville Board of Education Chairman Frank Fields, Superintendent Bruce Boyles, Assistant Superintendent Barry Shepherd, and Finance Officer David Dutton attended the meeting on behalf of the Mooresville schools. Dr. Boyles said the Woods School project would be finished once a sidewalk had been completed. He also said: the dropout rate was down two percent last year all of the schools in the system met expected growth predictions 80% of the schools were classified as “schools of distinction” the teacher turnover rate was declining the ten-year building program remained the same redistricting would probably occur in the future due to overcrowding increases in hospitalization and retirement costs were expected next year sufficient teacher supplements would be necessary for the “No Child Left Behind” mandate e the system had contributed renovation funds to the Iredell-Statesville Bus Garage project (shared facility between the two systems) Dr. Boyles said that for FY 03-04 current expense, the system anticipated an increase within five percent of the current per pupil budget, plus growth. In capital outlay, Dr. Boyles said the system would be planning projects for mobile classrooms, student safety improvements, debt service, technology, and long-range capital needs. MITCHELL COMMUNITY COLLEGE’S 2003-2004 BUDGET UPDATE: Presenting the college’s budgetary information were Mitchell Board of Trustees Chairman Joe Troutman, Trustee Wally Riddle, Gary Johnson (Director of Facilities), and Dick Lefevre (Vice President of Finance & Administration). (Note: Commissioners Godfrey Williams and Marvin Norman also serve on the Mitchell Board. Dr. Doug Eason, Mitchell’s President, could not attend the meeting to illness.) Lefevre said the Mooresville campus addition and the renovations to the Montgomery building (main campus) were nearing completion. He said the college “badly needed” extra parking, and the Rotary Auditorium was in need of renovations. Pertaining to the operating budget, he said the college had been advised to reserve SIX percent. Gary Johnson said the college expected bond money through year 2007. County Manager Mashburn requested that a bond cash flow schedule be included in the college’s FY 03-04 budget request. A handout from the college indicated that for 2002, the enrollment count was 16,386 students, and that from 1997 to 2002, the full-time equivalent enrollment had increased by 32.28%. Presentation by Dr. Stephen Lilley, Department Extension Leader in Sociology from NC State University Approximately 50 local and state officials joined the commissioners, staff, and media for a luncheon where Dr. Stephen Lilley gave a presentation focusing on county growth issues. Some highlights from the presentation were: e the county was becoming more urban. e the county was having a rapid increase in the number of Hispanics and Asians. e the county from 1970 to 1990, experienced a 95.2% increase in the number of people age 65 and over. e the county’s economy was changing from manufacturing to service industries. PRESENTATION FROM RICHARD TREXLER REGARDING THE VOLUNTEER FIRE DEPARTMENTS (VEDs): Attending the meeting in reference to the VFD study were: Richard Trexler and Rick Hall, Consultants with Emergency Services Education & Consulting Group (ESECG), and Fire Tax District Board Members Carroll Goodman, Frank Phillips, and Billy Trivette. Also in attendance were Fire Marshal Chuck Gallyon and Andy Webster, President of the Firefighter's Association of Iredell County. On November 6, 2001, the board of commissioners agreed to allow ESECG to conduct a $6,200 (plus $700 for expenses) study on the fire departments’ facilities, apparatus, and equipment. Consultant Trexler summarized his findings, some of which are as follows: - A comprehensive Customer Centered Strategic Plan is needed. - A strong recruiting program for daytime volunteers is needed. - A study needs to occur to provide ways to correct the poor communication reception in some areas of the county. - A copy of the county’s emergency plan needs to be distributed to all of the VFDs. - An upgrade to the county’s communication’s system is recommended to improve the North Carolina Response Rating Survey ratings. 3 Trexler said there were three departments not meeting the minimum level of manpower, and he said another three were just at the minimum. Trivette said the fire tax board needed to know from the board of commissioners what level of fire protection to provide the citizens. He said many people had the misconception that the firefighters were paid. Webster voiced concerns about volunteer recruitment. He said that as the senior firefighters aged out, there would probably be manpower shortages at some of the departments. Webster said that unless young people “got firefighting in their blood at an early age” that many of them preferred to use their spare time in second jobs to help support their families. Gallyon said the state was requiring “more and more paperwork” making it difficult for the departments. Trexler said many chiefs in the county were working a minimum of 20 volunteer hours a week. He stressed the importance of having adequate fire department manpower. Mr. Trexler said there was a “good response time at night, but in some departments it wasn’t good during the day.” He said that as the population increased, the problem would get worse. Commissioner Williams asked Finance Officer Blumenstein what one penny on the fire tax would yield, and she said $487,000, or a little less than a half-a-million dollars. EMERGENCY SERVICES REPORT: Tracy Jackson (Director of Emergency Services), Sidney Weisner (Animal Control Supervisor), David Martin (Director of Communications), Lee Darnell (Director of Emergency Medical Services), and Chuck Gallyon (Fire Marshal), listed the following needs for their departments. Animal Control: additional personnel; more kennel space; updated software/hardware Communications: additional personnel; improved communication system; training and certification programs for telecommunicators Emergency Mgt: better training and appropriate equipment for responders; better preparation for realistic threats and hazards; improved communication/coordination between all of the emergency management participants/agencies EMS: additional facilities/vehicles/personnel/training/equipment; better focus on employee recruitment, development, and retention Fire Marshal: additional personnel/facility space; access to information technology that can be shared with responders Weisner voiced concerns over new and larger breeds of animals being brought into the county. Darnell said it took a “dynamic training system” to keep the paramedics up-to- date. He said over 85% of the ambulances had over 100,000 miles on them. Mr. Darnell said there were nine vehicles in the fleet, with six primarily being used, and the other three remaining for back-up. He noted that some of the bays were too small for the newer vehicles. Gallyon said 75% of the vehicles in his department had over 100,000 miles. He said there had been an increased demand for plans review and inspections. Martin said the call volumn in communications had increased by 225% since 1999. He said efforts were being made to improve the E-911 system in an effort to recognize the location of cellular phone calls. Martin said there were four telecommunicators on each shift, but at times, the staff was down to three people. He noted that all of the employees were nationally certified, and they “did a super job.” 4 County Manager Mashburn said the fire departments always lost points in the “ratings” due to the number of dispatchers at the communications department. LAND REGULATIONS/ENVIRONMENT UPDATE: Lynn Niblock, the Director of Planning and Code Enforcement, along with Ron Smith, the Planning Supervisor, joined the commissioners for this segment of the meeting. Smith said many subdivisions were being developed, but they were smaller than what was seen in the past. He said approximately four acres per day were being developed, and this didn’t include the municipal areas. Smith said the planning office was seeing a decrease in rezoning cases; however, there were more conditional use requests. Pertaining to demographics, Smith said the county was growing at a faster rate than the State as a whole. He said the fastest growing townships, by residents between 1990 and 2000, were Davidson and Coddle Creek. Smith reviewed the balanced growth initiatives that were recently implemented and the ones currently being studied. He said the Highway 70 Corridor Study was scheduled for presentation to the planning board in March of this year, and after its completion, the staff would work on the small area plan for south Iredell. Smith mentioned the impact that the new Lowe’s complex would have in the southern end. He said there could be the potential for 3,000 new households, 6,750 new residents, and a traffic increase of up to 30,000 average daily trips. CAPITAL IMPROVEMENTS: Support Services Director Jim Vernon shared information pertaining to the following eight projects. 1. New library: Cost estimate of $6.6 million with construction to begin in June of 2003 and completion anticipated for September/October of 2004. 2. Usage of Existing library: Renovation costs anticipated between $750,000 to $1 ,000,000 to house the tax/GIS/mapping/revaluation offices and possibly the elections offices. 3. Iredell County Government Center — South: Project is on schedule with anticipated completion date in July of 2003. The North Carolina State Property Office is reviewing plans to consolidate all of its area offices in the building. 4. New Social Services Building: Cost estimate of $5.5 million. The county already has the land at Eastside Drive for the new structure. 5. Facility Services: The staff desires to rent 5,500 sq. ft. of space on Meeting Street to replace storage space/building that will be demolished for the new library. The county is also storing surplus items at: the bookmobile building, Twin Oaks, Loray garage, and the animal shelter. In the future, the staff would like to construct a 7,500 to 10,000 sq. ft. metal building (shell) for facility services at the Eastside Drive property. 6. Iredell County Government Center/Annex: With the future placement of some of government center occupants in the Water Street library building, when vacant, the current plans are to enhance or provide more space for the Human Resources department and the support services/switchboard areas. To relieve crowded parking conditions, the Annex II building (revaluation/fire marshal offices) and the recreation bldg. will be demolished. 7. Jail Expansion: Lease documents are being reviewed by the Department of Corrections for the usage of the former prison site on Hwy. 21 as a satellite jail. 8. EMS Base/South Iredell: A request has been made for an updated sub-station to replace the former Lowrance Hospital station, along with an additional satellite station in the Brawley/Williamson Road area. Cost estimate for the two EMS bases is $900,000. by Commissioner Johnson to allow the county to rent space on Meeting Street from Robert Boggs at $1,500 per month (5,500 sq. ft.) and for the funds to be derived from contingency for the remainder of this year. VOTING: Ayes - 5; Nays — 0. (Timeline for Capital Projects; Commissioner Johnson asked the staff to prepare a financial timeline on when the capital projects could begin. by Commissioner Madison at 5:15 p.m., to adjourn the Friday, February 14, 2003 segment of the Winter Planning Session. VOTING: Ayes — 5; Nays -— 0. Continuation of the Winter Planning Session Saturday, February 15, 2003 8:00 A.M. Agricultural Resource Center 444 Bristol Drive, Statesville, NC Present were: Chairman Steve D. Johnson Vice Chairman Godfrey Williams Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Support Services Director Jim Vernon, and C lerk to the Board Jean Moore. Media present: Michelle Harrison, Statesville Record & Landmark Michael Roessler, Mooresville Tribune Kathryn Wellin, Charlotte Observer/Iredell Neighbors UPDATE ON IREDELL COUNTY AREA TRANSIT SYSTEM (ICATS): Transportation Director Ben Garrison said that in July of 2002, Iredell County became the lead agency for transportation services. He said everything had been contracted out with the exception of administration. Garrison cited numerous problems with the current transport provider (Laidlaw Transit). Specifically, he said the provider was not reporting operating statistics, and it was not invoicing the user agencies in a timely manner. Garrison said social services had not been invoiced this entire year. Other problems he mentioned were trip denials, late pickups/no shows, poor staffing, and poor vehicle maintenance. Mr. Garrison said that due to the poor performance of the provider, he could not recommend for the contract to be renewed. In addition to the need for a better provider, Garrison mentioned the following needs: more fixed routes (early a.m. and later p.m. for work related needs) e specialty routes (personal and work related) e extended coverage hours e Saturday and Sunday service e improved coordination with other providers for out-of-county medical/other trips e improved route efficiency overall Garrison said “regionalization” of transportation services would probably be encouraged by the State in the future. He said that if the county assumed all aspects of the service, an operations manager would be needed for the dispatching, and the salary funds could be obtained from the State. 6 Mashburn said that if the county totally assumed the transportation services, the program could be operated as an enterprise, similar to solid waste. Garrison said the present contract cost was $1.25 per mile, but he felt the county could offer the service at $1.20 per mile. by Commissioner Tice to direct the staff to notify the transportation provider (Laidlaw Transit) that the present contract would terminate as of July 1 and Iredell County would operate the transportation program in-house in the future. VOTING: Ayes — 5; Nays - 0. ELECTIONS DEPARTMENT UPDATE: Elections Supervisor Becky Galliher said several precincts in the county had over 2,000 voters. She said money was being budgeted to split some of the precincts; however, the county was under a “hard freeze” until the redistricting case was resolved. Galliher said that by law, she could “temporarily” split only four precincts, but she planned to budget for eight. She said the following eight precincts were the ones needing additional polling sites. # of voters Davidson 1 6,075 Davidson 2 4,888 Coddle Creek 4 4,322 Coddle Creek 3 4,235 Shiloh 4,234 Fallstown 4,138 Coddle Creek 2 4,070 Chambersburg 3,862 by Chairman Johnson to instruct the staff to insure that adequate funds were in the FY 2003-04 budget to divide the eight precincts with the understanding that only four might be allowable by law. [AMENDMENT TO THE MOTION: Commissioner Williams suggested that a specific number not be used and to simply say the staff was instructed to divide as many precincts as the money and the law would provide. Johnson accepted the amendment. VOTING: Ayes — 5; Nays — 0. PERSONNEL: County Manager Mashburn shared statistical information pertaining to the number of employees in the county compared to other counties. He also shared a county budget comparison prepared by Cleveland County on the health department, sheriff's department, and the social services department. Health Sanitarians and the Planning/Inspections Offices: Mr. Mashburn said that in many areas of the State, the environmental health employees were located near the inspections/planning offices and employees. He said that in the future, an effort would be made to house these employees/services in the same building, or area, for a “one-stop shopping arrangement.” Chairman Johnson asked about “streamlining” the inspections permitting process. He said some individuals had complained about how time-consuming the process was when compared to other counties. Mashburn said new software was being studied to improve efficiency. PARKS CAPITAL RESERVE FUND: Blumenstein said investment earnings of $10,058 were added to the parks reserve fund in January and this left a $794,420 7 balance. She said the Stumpy Creek Park Project still owed the fund $80,910, and this payment could not occur until the board agreed to appropriate funds to the reserve fund. Commissioner Madison said he felt the parks reserve fund should be maintained and funded. He said this way, the county would be ready if any other groups or sections of the county approached the board for a park. Chairman Johnson said he was also in favor of appropriating any leftover recreation funds to the parks reserve fund. NEW LIBRARY UPDATE: Architect Earle Gaulden (Craig Gaulden Davis), Library Director Steve Messick, Library Secretary/Bookkeeper Libby Stewart, and Library Assistant Zelma Flowers were present for a discussion regarding the new library. Gaulden shared updated drawings for the exterior and interior of the building. He said the lower level of the structure could be used for future expansion. He also said the city officials had agreed to a variance due to Statesville’s strict landscaping ordinance. Commissioner Madison suggested that rather than leaving the lower level unfinished, that it be poured in concrete at the time of construction. He said it would be less expensive this way. Gaulden said $30,000 could be listed in the bid as an alternate for the concrete on the lower level. (There was no opposition voiced from any of the board members about Gaulden’s bid alternate for the lower level.) Commissioner Williams asked if the building would be large enough to accommodate the genealogy/historical properties offices. Mashburn said yes. He said the genealogy volunteers had asked about protection for their historical files, and he said fire-proof cabinets could be obtained. Mashburn said the genealogy workers currently housed their files in a vault, but it was not fire proof. Mr. Gaulden then presented two color schemes for the interior carpet. Both color schemes (carpet swatches) were green in color, and the board members selected a woven variety costing $26 a square yard. The board members were also given two color choices for the roof -- a green one anda bronze one. The green was chosen. NEW DSS BUILDING: County Manager Mashburn said $359,000 was available in the capital reserve fund, and it could be used for the new social services building’s design work. by Commissioner Madison to allow the staff to proceed in seeking design proposals for the new social services building. VOTING: Ayes — 5; Nays — 9. ADDITIONAL PERSONNEL FOR THE COMMUNICATIONS CENTER: Chairman Johnson requested the staff to review the possibility of adding more personnel at the communications center. UPCOMING BUDGET: Commissioner Williams said he hoped the fund balance could be increased in the new year’s budget -- up to 11%. Chairman Johnson asked how much more in revenue the county would have this year if the tax rate remained at 47¢. Mashburn said 20%. Blumenstein said about $9.9 million. RAIL SERVICE FROM CHARLOTTE TO MOORESVILLE: Commissioner Norman mentioned the proposed commuter rail extension from Charlotte to Mooresville. He said information on the project would be helpful. Commissioner Tice said the Mooresville town office could provide information about the project. She said it was her understanding the rail extension would cost $4 million a mile and the federal government would pay 80%. Chairman Johnson said the county paid for a study in the past. He said that if the project were successful, there would be residential expansion, and the county would be left with the infrastructure costs. Commissioner Williams said he felt the $4 million should be used to improve the highway system. Commissioner Madison said he felt that growth, annexation, and rail should be discussed with the Mooresville officials. (A joint meeting with the Mooresville officials was then discussed, but nothing was scheduled or arranged.) Chairman Johnson said the staff could obtain the rail information from Mooresville, and share it with the board members. WATER SUPPLY: Commissioner Madison suggested the establishment of a board to study the water resources in the county in terms of efficiency and long-range planning. Madison said the advisory board could coordinate with the providers to insure that there was efficiency in the usage of the water supply. Mashburn said he understood the water board would not have any authority, it would be advisory, and it would basically work with the water suppliers. He said the staff would determine if anything was already established in this region. Commissioner Williams then spoke and proposed the following: a. That a strategic appraisal of the practical availability of well water in the various settings of Iredell County be conducted. b. That a GIS-based supply and demand inventory of groundwater resources be conducted over the next 12-18 months in the county. c. That the inventory provide a foundation for water resource management and answer the following four questions. 1. What are the overall groundwater resources of Iredell County, and how reliable and accessible are the resources? 2. How does the availability of groundwater resources vary across the different environments of Iredell County? 3. How does the current and expected demand for ground water in Iredell vary across the county? 4. In what areas of the county are ground water resources unlikely to supply an adequate quantity of water to meet current or future demand? Mr. Williams said Carolina Land & Lakes could provide the inventory at a cost of approximately $8,000 to $10,000. He mentioned that adjacent counties might also be interested and share in the cost. Williams said he was concerned about the groundwater for various reasons, but one being that the county’s economy depended greatly on agriculture. He said the inventory should include the municipalities. ADJOURNMENT: by Chairman Johnson to adjourn the 2003 Winter Planning Session at 12:10 p.m. VOTING: Ayes — 5; Nays — 0. 4} ) / Approved: ‘Ni des the 74. AL Ss 1 Jan’ Se Lz 24 [ Clerk to the Board i 10 IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES FEBRUARY 18, 2003 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, February 18, 2003, 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, Tax Collector Joe Ketchie, Finance Director Susan Blumenstein, Health Director Ray Rabe, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. FOUR ITEMS ON THE AGENDA PERTAINING TO MILLARD REFRIGERATED SERVICES: County Manager Mashburn said contracts with EnergyUnited Water Corporation, the City of Statesville, and Millard Refrigerated Services, Inc., were on the agenda for approval; however, an engineer from West Engineering was needed to explain the needed board action. He said that if the engineer did not arrive by the 7:00 p.m. meeting, the items would need to be withdrawn from the agenda. Mashburn said another item pertained to the Millard sewer bids, and it too needed to be described by the engineer. Mr. Mashburn said that recently another industrial prospect had shown an interest in the area where Millard planned to locate, however, the sewer capacity was not adequate to serve both companies. He said the current plans were for a four-inch line, but some discussion had occurred about enlarging it to six-inches. Mashburn said an additional $70,000 would be needed if the sewer line size increased. UPDATE ON NEW LIBRARY: Mashburn said the board recently discussed pouring a concrete slab in the lower level of the new library building. He said the county could use the area for storage, and the work (10,000 sq. ft. concrete slab) would not delay the plans. Mashburn recommended, however, that an area be left unfinished for restroom fixtures. UPDATE ON MASTER CLEANERS RELOCATION: Mashburn said he recently met with Mr. Hughes Alborte about the relocation of Alborte’s dry-cleaning business. Mashburn said originally, Alborte wanted to move his business to Troutman, but he later decided on a location in Statesville (old Smith’s Cleaners). He said now, Alborte wanted to move the business to Mooresville. Mashburn said Alborte was having difficulty obtaining utilities (gas) due to some “arrearages,” He said Alborte had asked if the county would allow some of the money ($25,800), previously offered to assist with the retrofitting of a building, to be used in clearing up some of his debts. The commissioners agreed to assist with the retrofitting of the Mooresville building; however, they were not agreeable to assisting with any deposits or “arrearages.” Mashburn said he would work with Attorney Pope in drafting a letter to Mr. Alborte about the conditions on the $25,800 and stating the funds had to be used within 30 days. UPDATE FROM HEALTH DIRECTOR ON BIO-TERRORISM FUNDING: Health Director Ray Rabe said he had been notified that $39,800 would be appropriated to the county from the federal government to aid in bio-terrorism response and awareness. He said the funds had to be spent this fiscal year, and his preliminary plans on their usage were as follows. $ 3,000 training 4,300 community information campaign 32,500 ($13,500 for generator at Mooresville office; $3,000 computer, $3,000 training; $3,000 for software to monitor food-related incidences; and other miscellaneous expenses) $ 39,800 REVALUATION & TAX RATE: _ Several commissioners mentioned the many calls they had been receiving from county citizens about the revaluation. They said some citizens were finding that their tax values had doubled since last year. Commissioner Williams said he was reviewing a 42¢ tax rate. He said many farmers “were hit with a 40% increase four years ago, and they were now being hit with another 40%.” Williams said that for the upcoming budget, he would like for (1) the schools to have increased funding (2) the $1.5 million to be placed back into capital reserve and (3) the county’s fund balance to be increased. He said there were also county vehicle and equipment needs, but he didn’t feel the revaluation should “bail the county out.” Commissioners Madison and Williams requested that Finance Director Blumenstein “put together some numbers” on the anticipated revenue. Mashburn said the county needed to let the revaluation appeal process occur. He noted that 20 or 21% of the county’s revenue was from personal property taxes. Chairman Johnson was agreeable to having the staff prepare some revenue information, but he said, “I believe there should be a reduction in the tax rate.” QUIET WATERS CHRISTIAN RETREAT FACILITY: Commissioner Tice said she had received several letters from citizens about Quiet Waters. She said the citizens were concerned because the retreat center was still operating. Mashburn said the special use permit the retreat owners had tried to obtain from the board of adjustment was denied, and the denial was appealed to Superior Court. He said it was his understanding the attorneys for the county and Quiet Waters were negotiating on something to be presented to the courts. ADJOURNMENT: Chairman Johnson adjourned the briefing at 6:25 p.m. \ ria . a 7 Approved: Dpuch ¢ Mos Nisa CY wrx Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES FEBRUARY 18, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, February 18, 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 Doug Madison Marvin Norman Sara Haire Tice 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 Johnson. INVOCATION by Commissioner Williams. ADJUSTMENTS TO THE AGENDA: by Chairman Johnson to adjust the agenda by: Additions: e Resolution Requesting President George W. Bush to Withdraw all Military Forces, Equipment, Personnel, and Facilities from France e Resolution Requesting President George W. Bush to Withdraw all Military Forces, Equipment, Personnel, and Facilities from Germany e Closed Session for Personnel: G.S. 143-318.11(a) (6) VOTING: Ayes — 5; Nays — 0. APPOINTMENTS BEFORE THE BOARD Mr. John Ferguson, Chairman of the Fund Development Committee for the Children’s Museum, Requests Additional Funding: Ferguson said that for the current year, the museum received $5,730 from the county. He said the museum was requesting $6,303 for the upcoming year. Ferguson said the county’s funds were considered a part of the museum’s operating budget, and the staff applied for State matching grants based on this budget amount. He said negotiations were underway to purchase adjacent properties (130 & 132 Court Street) to the 134 Court Street Children’s Museum site in downtown Statesville. Chairman Johnson thanked Mr. Ferguson for his presentation and said the board would take the request under consideration when the FY 2003-04 budget deliberations occurred. Presentation from David Swann, the Area Director & CEO of Crossroads Behavioral Healthcare, on the Last Four Sections of the Iredell County Local Business Plan & A Call for a Public Hearing on March 18, 2003, at 7:00 P.M. Crossroads Director Swann said notification had been received that the North C arolina Department of Health & Human Services had accepted the first segment (six of the ten sections) of the mental health plan, and Crossroads would be certified as a Local Managing Entity on July 1. Swann then reviewed the last four sections of the plan needing to be submitted to the State by April 1. (The sections pertained to Service Management, Access to Care, Financial Management/Accountability, and Information Systems/Data Management.) Mr. Swann said the public was invited to review the last sections of the plan, and a copy of the manual would be delivered to the county manager and the Iredell County Public Library. by Chairman Johnson to accept the last four sections of the Iredell County Local Business Plan regarding Mental Health Reform and to call for a public hearing on March 18, 2003, at 7:00 P.M. VOTING: Ayes — 5; Nays — 0. PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Consideration of an Economic Development Incentive for NGK Ceramics USA, Inc. : Economic Developer Melanie O’Connell Underwood said NGK Ceramics in Mooresville, N.C., was planning a $31,560,000 expansion project. She said the company was requesting an incentive package up to $711,990 over a six-year period. Steve Dailey, the General Manager for NGK, said the company currently employed 288 people in the manufacturing of ceramic “honeycombs” for catalytic converters. Dailey said the company had $130 million in equipment, and it generated $80 million in payroll. He said the company was well known for its local contributions to schools and charities. Dailey said that to remain competitive, the company had expansion plans to manufacturer larger “honeycombs” for heavy diesel vehicles. No one else spoke, and Chairman Johnson adjourned the public hearing. by Commissioner Norman to grant $118,665 per year, for the next six years, for a total incentive package of up to $711,990 based on a $31,560,000 expansion project in Iredell County. VOTING: Ayes — 5; Nays — 0. ADMINISTRATIVE MATTERS by Commissioner Madison to remove the following four items from the agenda and to defer them to a future meeting for consideration. © Request for Approval of Sewer Bids for the Millard Refrigeration Inc., Project e Request for Approval of an Agreement Between Millard Refrigeration, Inc., and Iredell County for the Operation and Maintenance of a Sewer Line e Request for Approval of an Agreement Between EnergyUnited Water Corporation and Iredell County for the Operation and Maintenance of a Water Tank e Request for Approval of an Agreement Between the City of Statesville and Iredell County for a Forced-Main Sewer Line to be Installed on Property Deeded to the County by West Family Realty, LLC VOTING: Ayes — 5; Nays — 0. by Chairman Johnson to approve the following two consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. Request from the Tax Collector for the Establishment of April 21, 2003, as the Advertising Date for 2002 Unpaid Real and Personal Property Taxes (Tax Collector Joe Ketchie presented a computer printout of the unpaid taxes during the briefing session.) 2. Request for Approval of the February 4, 2003 Minutes 2 RESOLUTIONS REQUESTING PRESIDENT GEORGE W. BUSH TO WITHDRAW ALL MILITARY FORCES, EQUIPMENT, PERSONNEL, AND FACILITIES FROM FRANCE & GERMANY: Commissioner Madison _ then presented and read a resolution requesting President George W. Bush to withdraw all military forces, equipment, personnel, and facilities from France. by Commissioner Tice to approve the following resolution as presented. VOTING: Ayes — 5; Nays — 0. RESOLUTION REQUESTING PRESIDENT GEORGE W. BUSH TO WITHDRAW ALL MILITARY FORCES, EQUIPMENT, PERSONNEL, AND FACILITIES FROM FRANCE WHEREAS, the French government has in times past requested the involvement of the United States military forces to liberate the French homeland; and WHEREAS, the armed forces for the United States of America took up arms, fought, and died by the thousands to liberate the French homeland; and WHEREAS, the United States of America’s homeland has come under direct attack by terrorist on September 11, 2001; and WHEREAS, the President of the United States of America issued an ultimatum to the enemies and allies of the United States of America as follows: “Any country that is not with us is against us”; and WHEREAS, the French government has recently taken action in the United Nations Security Council, NATO, and the world press to confuse and frustrate the United States of America in it’s attempt to move forward with the disarming of the terrorist country of Iraq; and, WHEREAS, the United States of America continues to maintain an armed force in Europe for the specific purpose of defending the French homeland and the remainder of Europe; and WHEREAS, the citizens of Iredell County, North Carolina pay taxes to support these forces stationed in France; and WHEREAS, we, the commissioners of Iredell County, North Carolina feel that these funds could be better utilized if expended in the domestic economy rather than the French economy. NOW, THEREFORE, BE IT RESOLVED, that the commissioners of Iredell County, North Carolina request that our President, George W. Bush, immediately withdraw all military forces, equipment, personnel, and facilities from France and terminate any and all mutual defense treaties with the government of France; and FURTHERMORE, we, the commissioners of Iredell County, North Carolina request that the Senators and Representatives for the State of North Carolina support the president in the aforementioned resolution. * * * * * Commissioner Madison then presented and read a resolution requesting President George W. Bush to withdraw all military forces, equipment, personnel, and facilities from Germany. MOTION by Commissioner Madison to approve the following resolution as presented. VOTING: Ayes — 5; Nays — 0. RESOLUTION REQUESTING PRESIDENT GEORGE W. BUSH TO WITHDRAW ALL MILITARY FORCES, EQUIPMENT, PERSONNEL, AND FACILITIES FROM GERMANY WHEREAS, the government of Germany has in times past attacked its neighbors in Europe requiring the involvement of the United States military forces to liberate Europe twice during the twentieth century; and WHEREAS, the Armed Forces of the United States of America took up arms, fought, and died by the thousands to liberate Europe; and WHEREAS, the homeland of the United States of America has come under direct attack by terrorist on September 11, 2001; and WHEREAS, the President of the United States of America issued an ultimatum to the enemies and allies of the United States of America as follows: “Any country that is not with us is against us”; and WHEREAS, the German government has recently taken action in the United Nations Security Council, NATO, and the world press to confuse and frustrate the United States of America in it’s attempt to move forward with the disarming of the terrorist country of Iraq; and WHEREAS, the United States of America continues to maintain an armed force in Europe for the specific purpose of defending Germany and the remainder of Europe; and WHEREAS, the citizens of Iredell County, North Carolina pay taxes to support these forces stationed in Germany; and WHEREAS, we, the commissioners of Iredell County, North Carolina feel that these funds could be better utilized if expended in the domestic economy rather than the German economy. NOW, THEREFORE, BE IT RESOLVED, that the commissioners of Iredell County, North Carolina request that our President, George W. Bush, immediately withdraw all military forces, equipment, personnel, and facilities from Germany and terminate any and all mutual defense treaties with the government of Germany; and FURTHERMORE, we, the commissioners of Iredell County, North Carolina request that the Senators and Representatives for the State of North Carolina support the president in the aforementioned action. xk kK * * Commissioner Madison requested that the clerk to the board send copies of both resolutions to the President of the United States and to the Senators and Congressional delegation for North Carolina. APPOINTMENTS TO BOARDS & COMMISSIONS Nursing Home Advisory Committee (4 appointments): Chairman Johnson nominated Grady Mills. Commissioner Tice nominated Pat Culbertson. OTION by Commissioner Madison to close the nominations, appoint Mills and Culbertson by acclamation, and to postpone the remaining two appointments until the March 4 meeting. VOTING: Ayes -- 5; Nays — 0. Adult Care Home Community Advisory Committee (5 appointments): No nominations were submitted, and Commissioner Madison to postpone the five appointments until the March 4 meeting. VOTING: Ayes — 5; Nays — 0. Juvenile Crime Prevention Council (1 appointment): Commissioner Tice nominated Jason Ralston. Chairman Johnson to close the nominations and appoint Ralson by acclamation. VOTING: Ayes — 5; Nays — 0. Local Emergency Planning Committee (22 appointments): Commissioner Williams nominated the following 22 individuals. Doug Madison - Elected Official from State and/or Local Government Rick Dowdle - Sheriff's Department Tracy Jackson - Emergency Services Director Greg Atchley - N.C. Division of Emergency Management (ex-officio member) Chuck Gallyon - Fire Marshal Wes Green - Mooresville Fire Department Richard Campbell - Statesville Fire Department Lee Darnell - EMS Director Donnie Perry - Iredell Rescue Squad Kelly Sheeks - Health Department Larry Stroud - Iredell Memorial Hospital Jamie Guin - Davis Regional Medical Center Craig McCoy - Lake Norman Regional Medical Center Ed Rochester - Rochester Towing & Recovery Gay Rochester - Rochester Towing & Recovery Emily Nantz - Adelphia 4 News Pam Campbell - American Red Cross Tracey Gibson - Statesville Chamber of Commerce Dan Wallace — Mooresville Chamber of Commerce Craig Roberson - International Paper/Uniwood Sanford Sain - Royster- Clark, Inc. James Greene - Southern States Cooperative, Inc. MOTION by Chairman Johnson to close the nominations and to appoint the 22 individuals by acclamation. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER’S REPORT: Mr. Mashburn commended the county employees who were required to work during the recent ice storm. CLOSED SESSION: MOTION by Chairman Johnson to enter into closed session at 8:00 p.m., for the purpose of discussing a personnel matter: G.S. 143-318.11 (a) (6). VOTING: Ayes -— 5; Nays — 0. (RETURN TO OPEN SESSION AT 8:21 p.m.) ADJOURNMENT: MOTION by Chairman Johnson to adjourn the meeting at 8:21 p.m. (NEXT MEETING: Tuesday, March 4, 2003, 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: Hy, nh 4 Ales CPE 0 “hy L714 ( - Clerk to the Board 5 4 IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES MARCH 4, 2003 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, March 4, 2003, 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, Chief Animal Control Officer Sidney Weisner, Elections Supervisor Becky Galliher, Health Director Ray Rabe, Environmental Health Supervisor Kelly Sheeks, Solid Waste Director Ron Weatherman, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. Case No. 0212-4; Thomas S. Wilson, the Applicant for the Lake Norman Airport Property, Requested an Amendment to a Heavy Manufacturing Conditional Use District Zoning and to Rezone a Portion of Property located at 149 Yeager Road in Mooresville, N.C., from Residential Agricultural and Single Family Residential to Heavy Manufacturing Conditional Use District: Planning Supervisor Ron Smith said Dr. Wilson’s requests were basically the same as what was presented at the February 4 meeting. Attorney David Parker, representing the applicant, attended the briefing and offered to answer any questions. Request for Approval of a Sewer Bid Contract with the Bell Construction Company for the Millard Refrigeration Services Project: Benji Thomas and Jerry Twiggs, with West Consultants in Morganton, North Carolina, attended the meeting to discuss the status of the Millard Refrigeration project. Thomas said that recently, other industrial prospects had shown an interest in the area where Millard was locating, and for this reason, other options were being given about the sewer line. He said the current plans were for a four-inch line; however, he was providing cost estimates for a six-inch and eight-inch line. Mr. Thomas said the proposed one million gallon elevated water storage tank could serve the fire protection needs of Millard, along with other industries, and it could also serve as additional storage capacity for the EnergyUnited Water Corporation and the West Iredell Water Corporation. ADJOURNMENT: Chairman Johnson adjourned the briefing session at 6:35 p.m. ‘ Approved: LP [f,Ave3 ps C nmrw és Clerk to the Board / - | i IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES MARCH 4, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, March 4, 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 Doug Madison Marvin Norman Sara Haire Tice 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 Johnson. INVOCATION by Commissioner Tice. ADJUSTMENTS TO THE AGENDA: by Chairman Johnson to adjust the agenda by: Additions: @ Request for Approval of Budget Amendment #32 to record the Issuance of the 2003 Installment Payment Revenue Refunding Bond, Issuance Costs, and the Defeasement of the 2004-2020 Maturities of the 2000 Installment Payment Revenue Bond e Request for Approval of a Lease for the North Carolina Department of Environment and Natural Resources at the Iredell County Government Center-South and Discussion of a Five-Year Capital Improvement Plan @ Request for Approval of a Capital Project Ordinance Amendment for the Iredell County Government Center-South (IC GC-S) e Request from the City of Statesville in Reference to the Waiver of Solid Waste Tipping Fees for the Raymer Building Demolition Debris and a Request for the County to Purchase the Downtown Motel Building/Site Revision: @ Budget Amendment #29 should be for $20,000 instead of $15,000 VOTING: Ayes — 5; Nays — 0. PUBLIC HEARING (Continuation of the public hearing for Case #0212-4 from February 4, 2003) Chairman Johnson declared the meeting to be in a public hearing and invited all persons who were not sworn in on February 4 to proceed to the dais for that purpose. Case No. 0212-4; Thomas S. Wilson, the Applicant for the Lake Norman Airport Property, Requested an Amendment to a Heavy Manufacturing Conditional Use District Zoning and to Rezone a Portion of Property located at 149 Yeager Road in Mooresville, NC, from Residential Agricultural and Single Family Residential to Heavy Manufacturing Conditional Use District: Planning Supervisor Ron Smith several options were available to the board members for the disposition of this case. He said these were: (1) approve the items as requested (2) approve the requests with conditions (3) deny the requests and (4) remand the requests back to the planning board. Smith said that also, if no motion/vote occurred, the request would be a “de facto” denial. Frances Ryner, of Land Design, a landscape, architectural, planning and engineering firm in Charlotte, N.C., said he had been working with the Lake Norman Airport for the past year. He said the airport had: * existed in Mooresville since the 1960s. * been purchased in 1990 by Dr. Thomas Wilson (110 acres with 64 acres being commercially zoned). * an agreement dated 1994, where the Homeowner’s Association contractually pledged support for zoning changes. * approximately ten acres in general aviation use. * a fuel tank that had been in operation since the 1960s. Ryner said the developer had placed a barbed wire fence along the fuel facility for security reasons, and he was contracting out for a six-foot berm. Mr. Ryner said a security gate at the main entrance (off Yeager Road) would be installed. (Photographs of the fencing were shown to the board members.) David Parker, the attorney for Dr. Thomas Wilson (owner of the airport), mentioned the 1994 agreement. He said the agreement stipulated the subdivision lots being developed by Dr. Wilson would be for “hanger lots and general aviation areas, including, but not limited to, a fuel facility, hangers and tie-downs as space allows, and the right to operate flight training and other aircraft/airport related areas as well as to conduct any other business or operation and to build supporting facilities, e.g., real estate development office, restaurant, etc., as deemed necessary by Wilson for business or personal use.” Parker said that in 2002, Dr. Wilson petitioned to rezone the property. He said that in December of 2002, the Lake Norman Airpark Homeowner’s Association polled its members about the availability of aviation fuel for the M2-CUD zoning. Attorney Parker said 93% were in favor (78 approved/6 against). Mr. Parker mentioned the security concerns of Sheriff Redmond. He said a fence had been erected and a gate would be installed. In addition, he said that since the February meeting, an effort had been made to reach a consensus on some of the other issues. Parker said an L-shaped (120 feet) berm (6 feet high) would be placed on the site with a wooden fence if necessary. Mr. Parker requested the board to vote in favor of the requests. Chairman Johnson said that at the ‘ast meeting, there had been discussion about relaxing some of the conditions in the conditional use district and adding some conditions in the M-2 area. Parker said a meeting of the property owners was scheduled a few weeks ago on these matters; however, Dr. Wilson was unable to attend. He said it was his understanding the property owners wanted to create a long-range plan that would include down-zoning, the existing M-2, working on relaxing some the conditions in the existing conditional use district, and dealing with the re-routing of some of the taxiways. Mr. Parker said these matters could not be resolved during the past four weeks. Chairman Johnson asked what assurances the board members had that the long-range plan would be accomplished. Parker said the same assurances that everyone had in 1994 when the property owners signed a binding contract in return for the three million dollars worth of property. He said Dr. Wilson was allowed to develop the area within the constraints placed upon it. Mr. Parker said there was a conservation easement on much of the property. Daniel McCann said he had been a property owner in the area for 13 years. He mentioned a recent meeting with Dr. Wilson, but he said there was not that much accomplished. He said Dr. Wilson was mostly concerned about the noncompliance area. Rob Porter said he resided on property adjacent to a hanger. Porter mentioned the 1994 agreement where it stated Dr. Wilson could have 60 aircraft. He said there were actually 80. Porter said that in reference to the aviation fuel vote with 84 participants, some of these were from nonresidents. Mr. Porter said there was a letter on file in the county planning office that stated he would not tolerate any encroachment of the zoning line, because it would endanger the profit potential of his property. He said one issue that had not been addressed pertained to the building that was “proposed to go into aircraft storage only.” Porter said it did not appear there had been that much “give” in the situation. Mr. Porter requested for the board to not approve the request as presented. Jim Slate said he was a resident at the airpark. He said the fuel poll included individuals who did not own property, but rather they were “commercial guests.” Slate said that if a berm were placed in the area with cypress on top, it would require a sprinkler system. Mr. Slate said he was in favor of the fence and the gate, but he questioned who would lock it at night. He said the airport did not have a manager, and it was difficult to locate Dr. Wilson. Slate suggested the use of a “touch pad” with the property owners having the lock combination. He said a six-foot fence was needed. In reference to the 1994 agreement, Slate said he didn’t know about it until after his property was purchased. He also mentioned that the agreement wasn’t “filed” until 2002. Walter Smith, President of the Lake Norman Airpark Owners’ Association, said there were 52 lots, with 47 being residential, and five general aviation or commercial. Smith said Dr. Wilson owned one lot, and it happened to be the largest. Smith said that in the next weeks he hoped to let contracts for a new paving runway and two new turnarounds. Mr. Smith said the poll was a survey, and everyone that had a permanent aircraft based at the airport was invited to participate. Commissioner Madison said it appeared there were legal disputes, neighborly disputes, along with a zoning violation. He said the only involvement he saw for the board pertained to the zoning issue and the protection of the public. Madison said a six-foot berm was being proposed. He said the fuel availability, if approved, needed to be for small aircraft. Commissioner Williams said it appeared the security concerns mentioned by Sheriff Redmond had been addressed. Chairman Johnson said he didn’t have any problems with the aviation fuel, but it needed to be 100 low lead. Johnson said the fuel availability was needed to protect the economic viability of the airport. He said the buffer would offer some relief for Mr. Porter, but he (Johnson) still had problems with the M-2 and CUD area. In reference to the 1994 agreement, Johnson said he didn’t feel the commissioners had any authority concerning it. Chairman Johnson adjourned the public hearing. by Commissioner Madison to change the zoning of the M-2 CUD area by adding an additional condition that would allow the sale of 100 low lead fuel and to change the zoning in the R-20 residential area to make it M-2 CUD with a condition being that a six-foot berm with an attractive five-foot solid wood fence on top of it be constructed, with plantings on both sides of the fence, to serve as a buffer in the L-shape area around the hanger. Another condition being that the paved area, in that vicinity, be used only for traffic and parking of aircraft. VOTING: Ayes — 4; Nays — 1 (Johnson). 3 Request for Approval of a Sewer Bid Contract with the Bell Construction Company & Approval to Advertise for the Construction Bids for An Elevated Water Tank up to 1,000,000 Gallons for the West Farm Development Project/Millard Refrigeration Inc.: County Manager Mashburn said the West Farm Development site would accommodate future industrial development along with Millard Refrigeration. Benji Thomas, an engineer with West Consultants, said bids were opened on January 16, 2003, for the sewer line, and the low bid was from Bell Construction for $160,466. Thomas said that at the time the bids were opened, they were based on the plan for a four-inch sewer line from the Millard plant to Statesville’s sewer system. He said recently, notice had been received about the possibility of serving additional “wet industry.” Thomas said two additional scenarios had been proposed, and these were: Scenario II__(6” forcemain) Construct pump station on/near Millard’s property and increase size to accommodate the larger forcemain and to accommodate possible wet industry. The pump station would be owned by Millard, at least initially, and the forcemain by the county. Total cost: $248,276 Iredell County’s Obligation $112,800 (over five years) $ 87,810 during construction (est.) Immediate Capacity of Pump Station 100,000 gal./day Ultimate capacity of forcemain 250,000 gal/day Scenario III (8” forcemain) Construct pump station on/near Millard’s property and increase size to accommodate the larger forcemain and to accommodate possible wet industry. Again, the pump station would be owned by Millard, at least initially, and the forcemain by the county. In this scenario, it is assumed that at new pump station (cost not included here) would one day be constructed at the low point of the West Farm “industrial park,” thus serving a larger area as well as greater flows. Total cost: $277,039.50 (est.) Iredell County’s Obligation $112,800 (over five years) $116,573.50 during construction (est.) Immediate Capacity of Pump Station: 180,000 gal./day Ultimate Capacity of Forcemain 500,000 gal/day Original concept or Scenario I (4” forcemain) Construct project as already designed and bid. Pump station would be built on Millard Refrigerated Services property and owned by Millard. Forcemain owned by county. Total Cost: $160,466 (bid price) Iredell County’s Obligation: $112,800 (over five years) Immediate Capacity of Pump Station: 15,000 gal./day Ultimate Capacity of Forcemain 100,000 gal./day Mr. Thomas suggested for the board to choose scenario II or III. He said the eight-inch line would provide an extra benefit for the county in the long run. Thomas said a request was also being made for the board to authorize the consulting group to advertise for the construction of the water tank. Jeff McKay, the Director of the Greater Statesville Development Corporation (GSDC), said the site had always been of interest to industrial prospects, but due to the lack of infrastructure, nothing had developed. McKay said in the past few weeks more interest had surfaced, especially with some food- processing operations that would complement Millard’s services. McKay said the city last night had chosen not to participate in a one-third split up-front, but the council would review the possibility of this type of reimbursement if annexation 4 occurred. He also said the “Committee of 100” for the GSDC had voted to participate, up to a level of $50,000, in a one-third type participation to increase the line size. McKay said he would need to return to his board, due to the city not participating at this time, and ask if there was still an interest. Commissioner Madison said he understood the total cost of the bid was $160,466 with Millard paying this amount, then, the county was giving Millard a credit of $112,800 over a five-year period, for the four-inch line. He said that if an eight-inch upgrade occurred, then there was an additional cost of $116,573, with the GSDC paying up to $50,000, leaving the county with the remainder, or $66,500. Madison said if the upgrade were approved, it was his understanding, that as other people tapped onto the line, or as property was annexed and revenues generated, the money would be distributed back to the county and the GSDC based upon the percentage of up-front participation. Chairman Johnson said this was his understanding. Mashburn said the county’s remaining funds could be obtained from the economic development fund. The bids opened on January 16, 2003 for the sewer line were from: Millard Refrigerated Services Sewer Project Bids Opened on January 16, 2003 Bell Construction $160,466 Concord Builders No bid Foothills Water/Sewer No bid Gilbert Engineering $232,036 James E. Harris Construction | $249,020 Neill Grading/Construction $236,820.75 Pedulla Excavating/Paving No bid Ronny Turner Construction _| $230,290 IMOTION by Commissioner Tice to approve (1) the sewer line bids for Millard Refrigeration Project as presented in Scenario III by West Consultants and to authorize the county manager to approve the necessary change orders, (2) stipulate that this approval be contingent on the county receiving matching funds in the amount of $50,000 from the Greater Statesville Development Corporation, and (3) that the county and Greater Statesville Development Corporation seek proportionate reimbursement from tap-ons, or from the City of Statesville, if and when, the city annexes the area served by the sewer lines. VOTING: Ayes — 5; Nays — 0. MOTION by Commissioner Norman to authorize West Consultants to proceed with the bidding to build a one million gallon water storage tank to serve Millard Refrigeration and future development in the area, with a stipulation that the bidding be done in accordance with state and federal regulations and statutes. VOTING: Ayes — 5; Nays — 0. Request for Approval of Amendments to the Animal Control Ordinance: Chief Animal Control Supervisor Sidney Weisner reviewed proposed amendments for the animal control ordinance. He said one additional clarification needed to be made and this pertained to assistance dogs (seeing eye dogs). He said the dangerous dog section did not apply to these types of animals. Weisner said the amendments separated vicious and public nuisance dogs, and placed the vicious dog language in the dangerous dog section. Mr. Weisner said a definition for a dangerous dog was included in the amendments, along with the types of enclosures that would be needed for them. He said the fines for all ordinance violations had increased. 5 Mike Gilbert asked about a dog that might be standing beside of the road barking. He asked if the animal could be determined to be dangerous. Weisner said that if the dog happened to be on the public right-of-way, and the barking was to the extent that a person believed the animal would attack, then, the animal could be deemed as dangerous. Gilbert asked what happened if a person was in the right-of-way, a dog approached, the person made aggressive moves towards the dog, and then the dog advanced towards the person. Weisner said this would probably be a case for the appeals board. Commissioner Madison then reviewed several revisions that he proposed for the ordinance. Margaret Lane, the President of the Humane Society, praised the board members for their actions to protect county citizens. She said that not all of the pet owners in the county were “responsible” owners. Lane said she did have concerns about penalizing the owners who were responsible. Mrs. Lane said she felt some language could be inserted about “unprovoked or provoked” attacks or bites. Lane said she received many phone calls from individuals who were afraid to complain about dogs in their neighborhood due to fears that someone would retaliate by making accusations about their animals. MOTION by Commissioner Norman to adopt the animal control ordinance ) amendments as presented with Commissioner Madison’s revisions. VOTING: Ayes — 5; Nays — 0. REQUEST FOR APPROVAL OF A LEASING PROPOSAL FOR THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR) AT THE IREDELL COUNTY GOVERNMENT CENTER - SOUTH AND DISCUSSION OF A FIVE- YEAR CAPITAL IMPROVEMENT PLAN: _ Director of Support Services Jim Vernon said that for quite some time the staff had been working with the State in developing an acceptable floor plan at the government center in Mooresville. He said the State Property Office had rigid specifications and requirements for any leased property. Vernon said the original concept was to house DENR on the third floor; however, it was determined that space on the fourth floor would also be needed. He said that with this occurrence, additional work had to be done (toilets, etc.), and this raised the county’s costs. Vernon said the State had agreed to a floor plan of 22,371 square feet on the third floor, and 4,500 on the fourth floor. Mr. Vernon shared the following estimates for the project from Martin Boal Anthony Johnson (MBAJ). id Design & Engineering $ 100,000 (6.5%) Asbestos abatement (4"" floor) 15,000 Emergency Generator (Health Dept./DENR) 47,000 (state requirement) Construction 1,550,000 ($50 sf) FF&E, Contingency, Voice/Data Cable 68,000 Total Project Costs $ 1,780,000 Lease Costs to the County: $1,780,000/12 year lease = $148,333/year revenue $148,333/26,871sf = $5.52 sf base lease cost Utilities = $1.00/sf Misc. & Main. = $0.98/sf Total lease rate to DENR = $7.50/sf = 12 year term 6 Vernon said that if the DENR project started in this quarter, it could possibly be completed by October/November of 2004. Vernon said the lease was on the Council of State’s agenda in April. He said a letter to DENR was needed stating the lease requirements. Commissioner Williams asked about the type of renovations required for the fourth floor. Vernon said some fire protection, fire reporting, and the upfitting of common space. Williams also asked about the five-year capital projects plan that was distributed at the agenda briefing. Mashburn said the costs for the DENR project were just included in the five-year plan. Vernon said the project was included in the five-year plan to show how each fiscal year would be impacted from a capital reserve standpoint. Mr. Williams asked if the five-year plan would be discussed as a separate item. Mashburn said yes. Chairman Johnson said he had hoped the lease would net some profit for the county to offset the initial upfit of the first floor. Commissioner Williams agreed with Johnson. Commissioner Madison said it appeared to be a “marginal” deal, at best. Commissioner Tice said she understood the State might have other uses for the rest of the fourth floor. Vernon said there were no promises, but an official in the State Property Office had mentioned this idea. Commissioner Madison suggested that a cost of living provision be added to the lease every four years. Mr. Madison said he would not be in favor of the lease if the State rejected the provision. MOTION by Commissioner Madison to authorize the county manager and the Director of Support Services to propose a lease to the North Carolina Department of Environment and Natural Resources with the rent being $7.50 per square foot with an adjustment based upon the Consumer Price Index every four years and the utility costs to be adjusted on an annual basis. In addition, the Director of Support Services will share a copy of the lease with the board members as soon as possible with the understanding that a special meeting of the board might be needed for further discussion. VOTING: Ayes — 5; Nays — 0. Commissioner Madison asked how long the county had the financing restriction (county can only lease to governmental entities and nonprofits). Blumenstein said for 15 years, and it was because there was tax exempt financing. NOTE: No further discussion occurred about the five-year capital projects plan at this meeting. 7 REQUEST FOR APPROVAL OF AN AMENDED CAPITAL PROJECT ORDINANCE FOR THE IREDELL COUNTY GOVERNMENT CENTER-SOUTH (ICGC-S): Support Services Director Vernon said there had been five major change orders for the Mooresville government center. He said the project now needed fixtures, furnishings and equipment (FF&E), and he was requesting $100,000. Mr. Vernon said the beginning contingency balance was $113,350 and $87,200 had already been used for change orders. He said $13,400 was currently being processed in a change order leaving only $12,750 for the FF&E. MOTION by Commissioner Tice to revise the Capital Projects Ordinance by adding $100,000 for fixtures, furnishings and equipment. . VOTING: Ayes —5; Nays — 0. The amended ordinance will be as follows. 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, and construction of the Iredell County Government Center-South. Professional Fees $ 220,500 Asbestos Removal 97,241 Survey, Roof Repair 9,305 General Construction 1,499,855 Fixtures, Furniture & Equipment 100,000 Contingency 26,149 Retire HMA Promissory Note 1,900,000 Closing Costs of Financing 16,500 $ 3,869,550 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 Reserve Fund 250,000 Contribution — Town of Mooresville 100,000 Interest Earned on Construction Fund 9,550 $3,869,550 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 This amended ordinance being adopted March 4, 2003. 8 Request from the City of Statesville in Reference to the Waiving of Demolition Debris Tipping Fees for the Raymer Building and the Request for the County to Purchase the Downtown Motel Building: County Manager Mashburn said he had received a letter from the city manager asking if the county would waive the tipping fees for the Raymer Building demolition debris. He said that once the building was razed, the city desired to use the area for parking. In addition to this request, Mashburn said the city had inquired about the county purchasing the Downtown Motel site, demolishing the building, and paving the area for additional parking. Chairman Johnson asked the cost for the motel property. Mashburn said the city had a cost of $150,000 when the new library was being proposed in the area. Commissioner Norman asked why the city didn’t purchase the motel. Mashburn said the city officials did not feel they needed the entire area. He said there was $359,000 in the capital reserve fund, if the board chose to purchase the property. No action was taken on either of the two items -- (1) Waiver of tipping fees and (2) the county purchasing tie motel property. MOTION by Chairman Johnson to approve the following 15 consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. Request from Lowe’s Companies, Inc., for the Release of Zoning & Subdivision Jurisdiction (Extraterritorial) to the Town of Mooresville: During the briefing, Planning Supervisor Smith said Lowe’s Companies, Inc., was requesting the release of zoning/subdivision jurisdiction to the Town of Mooresville for 8.6 acres (eight parcels). He said the Town had agreed to extend utilities to the site and annex the property. Smith said the planning department recommended approval of the release. (The parcel #s are: 4645-97-7508; 4645- 97-9539: 4655-07-1534; 4655-07-1326; 4645-07-0280; 4645-97-7241; 4645-97- 7451; and 4645-86-9539.) 2. Request for Approval of an Agreement Between Millard Refrigeration, Inc., and Iredell County for the Operation and Maintenance of a Sewer Line: At the briefing session, County Manager Mashburn said this agreement would require Millard Refrigeration to hire an engineering company to design a forced- main sewer line to meet the City of Statesville’s standards. He said the county would enter into an agreement with Statesville to lease the line to the city for 20 years at $1 per year. Mashburn said the city would be required to accept the effluent and repair/maintain the line. 3. Request for Approval of an Agreement Between the EnergyUnited Water Corporation and Iredell County for the Operation and Maintenance of a Water Tank: During the 5 p.m. meeting, County Manager Mashburn said the county would build an elevated water storage tank on property deeded to it by West Family Realty LLC. He said the agreement would stipulate that Energy United Water Corporation would lease (20 years) the tank from the county and maintain/operate it. 4. Request for Approval of an Agreement Between the City of Statesville and Iredell County for a Forced-Main Sewer Line to be Installed on Property Deeded to the County by West Family Realty, LLC: Also during the 5 p.m. meeting, Mashburn requested approval of an agreement that would allow the county to enter into a long-term sewer lease (20 years) with the City of Statesville. He said the city would maintain and operate the sewer system. Ss. Call for a Public Hearing on March 18, 2003 at 7:00 p.m., Regarding the FY 2003-04 Rural Operating Assistance Program: (This hearing is required to receive state funding for the Elderly & Disabled Transportation Assistance Program ($68,874), the Work First/Employment Program ($11,947), the Rural General Public funds ($53,228), and Discretionary Funds ($80,900). 6. Request from the Solid Waste Department for Approval of a Scrap Tire Recycling & Disposal Contract with U.S. Tire Recycling: During the briefing, Solid Waste Director Weatherman said that for many years U.S. Tire Recycling had been disposing of scrap tires for the county. Weatherman recommended renewal of the contract, and he said the tires would be processed at the Twin Oaks facility at $71 and $80 at the Mooresville Transfer Station. Mr. Weatherman said the contract also had a Consumer Price Index adjustment clause at the end of the third year, and annually thereafter. 7 Request from the Solid Waste Department for Approval of a Lease Agreement with Billy & Kathleen Martin for the Hwy. 901 Transfer Station: At the briefing, Solid Waste Director Weatherman requested the renewal of a lease with the owners of the Highway 901 Solid Waste Transfer Station property. Weatherman said the lease had increased by $200 per month (from $100 to $300), but he felt the amount was reasonable. 8. Request from the Health Department for Approval of a Food Establishment Plans Review User Fee: Environmental Health Supervisor Kelly Sheeks and Health Director Ray Rabe were present at the briefing session to explain this request. They said that in September of last year, Governor Easley signed into law a provision enabling health departments to charge a fee, up to $200, for food establishment plans review. Mr. Sheeks said the following fees were recommended, and they were based on the difficulty and staff time involved in the review process. Restaurants - $200 Meat Markets - $100 Food Stands - $100 Any Renovation of the Above Where Plans Review is Necessary - $100 Note: The fees will become effective May 1, 2003. 9. Request for Approval of Budget Amendment #29 in the Amount of $20,000 for Claims & Settlements in the Legal Budget: Finance Director Blumenstein advised during the briefing that for FY 2002-03, $5,000 was budgeted for claims and settlements. She said the money was used to pay the deductible portion of liability claims. Blumenstein said three claims had been resolved, and it was anticipated that another one would be cleared out before the end of the year. She said budget amendment #29 would transfer $20,000 from contingency and place it in the legal/claims & settlements line item.) 10 10. Request for Approval of Budget Amendment #30 in the Amount of $6,200 for the Transfer of Elections Department Part-time Salary Funds to Operating Expenses: Elections Supervisor Becky Galliher requested during the briefing that $6,200 be transferred from part-time salaries to: Postage - $1200 Training - $ 2000 Supplies - $3000 $ 6200 Galliher said the part-time salary line item currently had $41,000. 11. Request for Approval of an Amended Stumpy Creek Park Project Ordinance: Mrs. Blumenstein said during the briefing, that the project ordinance adopted on February 5 included $16,530 in donations for the Gallyon Memoria! that were budgeted for expenditure in the general construction line item. She said now, however, she was recommending for the funds to be transferred to another line item entitled ““Gallyon Memorial” to have a better audit trail. In addition, she said that recently $5,955 was received from a memorial golf tournament, and this would increase the memorial fund to $22,485. Blumenstein said the investment earnings had increased by $3,976. The amended Stumpy Creek Park Project Ordinance will now be as follows. Amended South Iredell Park Fund Capital Project Fund Be it Ordained by the Board of County Commissioners of Iredell County, North Carolina: Section 1. The following project will be financed by this fund: Stumpy Creek General Construction $748,176 Professional Services 75,155 Gallyon Memorial 22,485 Transfer to Parks Capital Reserve Fund __25,340 $871,156 Section 2. Funds for this Capital Project fund will be provided from the following sources: Parks & Recreation Trust Grant $250,000 Community Contributions 135,000 Memorials 22,485 Transfers from Parks Capital Reserve Fund 210,626 Transfers from General Fund 128,045 Investment Earnings 125,000 $871,156 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. The Parks Capital Reserve Fund is advancing $100,000 to the Stumpy Creek Project Fund for completion of the project. This advance is to be repaid annually by transfers from the Stumpy Creek Project Fund to the Parks Capital Reserve Fund equal to % of the total transfer from the General Fund. 11 Section 6. Any funds remaining in the Stumpy Creek Project Fund at completion of the project will be transferred to the Parks Capital Reserve Fund and applied as a reduction to the advance. This amended ordinance being adopted this the 4th day of March, 2003. * * * * * 12. Request for Approval of the New Library Site Demolition Contract & Awarding of the Bid to the Terry-Linn Company in the Amount of $29,095: Support Services Director Vernon said six buildings, plus concrete, masonry retaining walls/curbs, footings, and asphalt needed to be eliminated for the new library. He said the county would waive all tipping fees, and remove all friable asbestos containing building materials (ACBMs) from the structures prior to demolition. Vernon said the smaller quantities of non-friable ACBMs would be taken to the landfill for disposal. He said the bids ranged from a low of $29,095, up to $107.089, and that $75,000 had been budgeted. Mr. Vernon recommended the low bid proposed by the Terry-Linn Company. The bids received were from: COMPANY BID AMOUNT Terry-Linn $ 29,095.00 Quality Grading 30,000.00 The Linda Construction Co. 39,200.00 D.H. Griffin Co. 42,420.00 Ken Pearson Grading 46,152.00 Robert Reid 47,851.20 | Stan Elder Grading 70,162.00 Allen Church 86,000.00 Frye Grading 86,800.00 Tucker Grading 96,804.00 Country Boy Landscaping 105,000.00 Chris Davidson Grading} 107,089.00 Bell Construction No bid Gilbert Engineering No bid The demolition work involves the following buildings/areas. eFormer Kenneth Darty Law Office, 149 East Water Street eMaster Cleaners Puiiding, 153 East Water Street @ Alpha Signs Building, 205 North Tradd Street ePiedmont Mediation, 205 North Tradd Street Former Bryant Supply Building, Tradd Street elredell County Bookmobile Building (2 levels, behind present library) eConcrete pavement Masonry retaining walls & curbs eFootings for all buildings eBituminous asphalt paving 13. Request from the Centralina Council of Governments for Iredell County to Pay the Full Membership Fee for FY 2002-03 (Balance of $3,095) & Approval of Budget Amendment #31: During the briefing, County Manager Mashburn said that for FY 2002-03, Centralina requested $23,305 for membership dues. Mashburn said during the budget deliberations that he recommended a payment of $20,210, and this was approved. Mashburn said Centralina’s fee for each governmental member was based on the population multiplied by the per capital rate established by the Centralina Board of Delegates. He recommended that Budget Amendment #31 be approved for the payment to Centralina. 14. Request for Approval of the February 14, 15, & 18, 2003 Minutes 15. Request for Approval of Budget Amendment #32 to Record the Issuance of the 2003 Installment Payment Revenue Refunding Bond, Issuance Costs, and the Defeasement of the 2004-2020 Maturities of the 2000 Installment Payment Revenue Bond: (Closing documents were signed on February 20, 2003 for the bond refunding, and the budget amendment reflects the transactions that occurred.) ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (4 announcements) Hazardous Waste & Low-Level Radioactive Waste Management Board (4 announcements) Nursing Home Advisory Board (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Nursing Home Advisory Committee (2 appointments): Commissioner Tice nominated Theresa Brown Moose. No further nominations were submitted, and Chairman Johnson moved} to appoint Moose by acclamation and to postpone the remaining appointment until the March 18 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (5 appointments): Commissioner Madison nominated Tammy Brown. No further nominations were submitted, and Chairman Johnson moved to appoint Brown by acclamation and to postpone the remaining four appointments until the March 18 meeting. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER’S REPORT: County Manager Mashburn said that in reference to the Millard Refrigeration/West Farm Water Tower Project, notification had been received that the Rural Center had approved the $150,000 grant, the $249,000 Community Block Development Grant had been approved, the $150,000 had been awarded to the Greater Statesville Development Corporation from the Golden Leaf Foundation, and that $240,000 was still anticipated from EnergyUnited Water. REVALUATION NOTICES: Chairman Steve Johnson said some county citizens were under the impression he assessed the value of their properties. He said the misunderstanding was due to the county having an employee named Steve Johnson who was an appraiser in the revaluation department. Mr. Johnson said he wanted to make the clarification in order for citizens to know he could not adjust their assessments, and they needed to contact the county assessor’s reval office in reference to the appeals process. CONTINUATION OF MEETING: MOTION by Chairman Johnson at 10:25 p.m., to continue the meeting to Wednesday, March 5, 2003, 6:00 p.m., in the South Wing Conference Room, of the Iredell County Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes — 5; Nays — 0. / Approved: Lytech Mh, 2003 g Ltn C+ Inge. [(/ Clerk to the Board 13 IREDELL COUNTY BOARD OF COMMISSIONERS MARCH 5, 2003 MINUTES — CONTINUATION OF THE MARCH 4, 2003 REGULAR MEETING The Iredell County Board of Commissioners met in Adjourned Regular Session on Wednesday, March 5, 2003, at 6:00 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 Doug Madison (arrived during the closed session segment of the meeting) Marvin Norman Absent: Sara Haire Tice Staff present: County Manager Joel Mashburn and C lerk to the Board Jean Moore. CALL TO ORDER: Chairman Johnson called the meeting to order at 6:00 p.m. CLOSED SESSION: by Chairman Johnson to enter into closed session at 6:00 p.m., for the purpose of discussing a personnel matter: G.S. 143-318.11 (a) (6). VOTING: Ayes — 3; Nays — 0. RETURN TO OPEN SESSION AT 9:00 P.M. CONTINUATION OF A DISCUSSION REGARDING THE CITY OF STATESVILLE’S REQUEST FOR THE WAIVER OF SOLID WASTE TIPPING FEES FOR THE RAYMER BUILDING DEMOLITION DEBRIS: Commissioner Madison asked if any discussions had occurred between the county and the city about a joint purchase/demolition of the Downtown Motel building. He said the county could demolish the recreation building at the same time, and the areas could be used for parking. Madison said the city could own the motel property and maintain it. Chairman Johnson questioned why the city would own the property. Commissioner Madison and County Manager Mashburn said a written agreement could be worked out where the county used the property during the day for parking. Commissioner Madison said that perhaps a tipping fee account could be established at the landfill for the Raymer Building debris. He said it would be helpful to know how much the county was aiding the city, and this could be used to enhance any offers made by the county. Mashburn said the solid waste director could probably estimate the tipping fee costs for the debris. After further discussion, the board members suggested that the city officials be invited to the March 18 meeting to present their plans for the area in and around the civic center and Raymer building. They also said drawings from the city, as well as the county, would be helpful. FUTURE AGENDAS: Commissioner Madison requested that future agenda packets include as much supporting documentation as possible, and for the staff to refrain from adding additional requests after the packets were delivered. Mr. Madison referred to the recent North Carolina Department of Environment and Natural Resources lease proposal as an example. He said the staff presented and distributed the information during the briefing session, and the short notice made it difficult to fully evaluate the proposal. Mr. Madison said adherence to the policy of having complete agenda packets would prevent the commissioners from feeling “ambushed” at the meetings. Chairman Johnson agreed with Mr. Madison. ADJOURNMENT: MOTION by Chairman Johnson to adjourn the meeting at :20 p.m. VOTING: Ayes — 4; Nays — 0. APPROVED: Laces lf, 2doo3 —- C me Uv Clerk to the Board nN IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES MARCH 18, 2003 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, March 18, 2003, 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Interim County Assessor Bob Miller, Chief Deputy Rick Dowdle, Support Services Director Jim Vernon, Code Enforcement and Planning Director Lynn Niblock, Emergency Services Director Tracy Jackson, Emergency Medical Services Director Lee Darnell, Assistant Fire Marshal Tim Warren, Planning Supervisor Ron Smith, and Clerk to the Board Jean Moore. Call to order by Chairman Johnson. Request for Approval of the January & February Refunds and Releases: Interim County Assessor Bob Miller presented the January and February 2003 refunds and releases and requested their approval. He said the refund/release listings did not include any properties owned by the commissioners. Request from the Town of Troutman Regarding a Correction to the Iredell County Code: Section 5-28 (Fire Code Enforcement): Donald Duncan, the Administrator for the Town of Troutman, said one of the county’s fire marshals had recently reviewed the county code and discovered a section that was inaccurate. Mr. Duncan said the county had been providing fire inspections for Troutman for many years; however, the code’s language indicated the Town had its own Fire Prevention Code. He said the code could be corrected by the omission of the Town of Troutman in the last sentence of Section 5-28. Request from the Emergency Medical Service (EMS) Department for Approval of a “Write-Off Procedure for Accounts Involving the Homeless, Indigent, and Transient Parties” after Four Months: Tracy Jackson and Lee Darnell requested approval of a new policy that would allow the “write off’ of EMS debts that were incurred by homeless, indigent and transient individuals after four months. Jackson said the current practice was to invoice patients once per month for four months, and then, the accounts were submitted to a collection agency. He said delinquent accounts remained “on the books” for three years. Mr. Jackson said $1.8 million was currently owed, and he felt it would be more beneficial for the staff to pursue the accounts or individuals that might pay. He said there were two office workers in EMS, and one did collections and the other performed invoicing tasks. EMS Director Darnell said the accounts involved in the request averaged about $1,000 a month, or $12,000 a year. Commissioner Madison stressed the importance of someone in the EMS department checking the county tax records to determine if a debtor owned property, or vehicles, before the accounts were written off. Jackson said liens had not been pursued in the past, but credit-reporting companies were notified about delinquent accounts. Finance Director Blumenstein said the Debt Setoff Program allowed counties to submit delinquent accounts to a Department of Revenue clearinghouse. She said that if a person owed money to the county, a claim could be filed on state income tax refunds due to the individual. She said, however, it was mandatory to have the correct social security number. It was the consensus of the board members to delete this item from the agenda and to discuss it again on Tuesday, April 1, 2003. Request from the Emergency Services Director for Permission to Apply for a 2003 Emergency Management Performance Grant (Emergency Operations Center) in the Amount of $5,200: Jackson requested permission to apply for $5,200 in grant funds for the purchase of equipment and supplies for the emergency operations center. He said the supplies would be especially useful if the operations center had to temporarily relocate due to unforeseen circumstances. Request from the Appropriate Punishment Options Director for Approval of the Criminal Justice Partnership Program (CJPP) Budget for FY 2003-04: Pam Navey, the Appropriate Punishment Options Executive Director, requested approval of the 2003-04 budget for the Iredell County Day Resource Center. She said that on March 13, 2003, the CJPP Advisory Board approved the $121,929 budget. Chairman Johnson asked Ms. Navey to return to the board with an update if the State made cutbacks to the program. Commissioner Williams asked how the budget cuts affected the program this year and how the mental health reform laws would impact the center. Navey said the number of participants dropped from 120 to 0. She said the program currently had 47 clients, and she was working with Chief Dowdle in an effort to alleviate some of the jail overcrowding. In reference to the new mental health laws, Navey said, “This will mean more business for us.” Request for Discussion/Approval of the Five-Year Capital Projects Plan: Support Services Director Jim Vernon, Finance Director Blumenstein, and County Manager Mashburn shared a five-year capital projects plan that included an appropriation of $1.5 million from the General Fund to a Capital Reserve Fund on an annual basis. (The plan included 16 potential projects with a possible funding source for each.) Commissioner Williams said he felt it would be presumptuous to approve the plan without knowing about cost over-runs. Chairman Johnson said he could envision the plan as a working document, however, he desired more time to review it. He also suggested that the board develop a capital projects priority listing. Blumenstein said the county was currently seeking architectural Request for Qualifications for the new social services building. She mentioned the financing that would occur in November for the schools, but she said there would not be enough time to include the social services project. In addition, Mrs. Blumenstein said another bank placement loan could not be done this fiscal year. She said the final payment for the Highway 21 health building would be on July 10, 2003. Commissioner Norman noted the needs of the communication department. He mentioned they were not included in the plan. Mashburn said communications would need a substantial amount of money, regardless of whether the 800 megahertz or the VHF high-band system was chosen. He said the staff was still trying to evaluate what was needed and the costs. Commissioner Madison mentioned the 911 revenue fund and the possibility of obtaining the communication improvements money from this account. 2 Mashburn said this could probably be done; however, the current rate (43¢ per telephone line) might need to be reviewed. It was the consensus of the board members to delay any action on the plan until April 15. Chairman Johnson said he would like to see the major projects separated out, e.g., social services building. (Mashburn said a groundbreaking ceremony for the new library would be scheduled in June.) Request for Approval of a Resolution for the Lake Norman Volunteer Fire Department (VFD) Regarding the Purchase of Land for a New Building: Frank Phillips, a member of Fire Tax District Board and the Lake Norman Volunteer Fire Department said the VFD desired to borrow $189,000 (3.4% interest rate) from First Charter Bank for approximately seven acres of land on Southfork Road and Brawley School Road. He said the VFD planned to build a new building, and the bank needed a resolution from the county acknowledging the debt. He said, however, the resolution stipulated the county was not liable for the loan. Williams mentioned the possibility of having an EMS base and a sheriff's satellite office at the same location, or under the same roof with the fire department. He asked when construction would begin. Phillips said the department did not have any drawings yet. He said the department would “entertain the idea of having the sheriff and EMS close by, with them paying their own way.” Chairman Johnson said that perhaps space for the sheriff's office and EMS could be included as alternates in the bid. Presentation from City of Statesville Officials Regarding Future Plans for the Civic Center Area (West Front & Meeting Street vicinity): Statesville Mayor John Marshall appeared before the board to inquire about the county participating with the city (50/50 basis) on a plan to improve the appearance of an area located at the corner of West Front Street and Meeting Street. Marshall said the city had recently demolished the former Raymer Building, and the site was already much improved. He suggested that the county and city acquire the adjacent properties and demolish the structures. (This suggestion included the building currently occupied by the recreation department.) Mayor Marshall said 130 parking places could be achieved by the project. He said the council had not formally voted in reference to the joint project, but he was optimistic that approval could be obtained. Marshall said “nice” landscaping was also needed. Chairman Johnson said he felt that if the area were cleared and used for parking, that it should be used for citizens conducting county business. He said the Mitchell College representatives had recently discussed the need for more parking. Mr. Johnson said that as the parking areas near the college campus filled up, the students would probably start using lots closer to the government center. Commissioner Madison asked the timeframe for relocating the recreation department. Mashburn said the current plans were to move the recreation department to the maintenance facility -- in about a year. Commissioner Tice said the office space previously used by the elections department (bottom of Iredell County Government Center) was now vacant. She asked why recreation couldn’t use it at the present time. It was the consensus of the board to allow the county and city staff, i.e., County Support Services Director Jim Vernon and Statesville Director of Public Works Wayne Lambert to review the mayor’s improvement plan and to develop some cost figures. (No date was given on when the staff members would return to the board with their findings.) ADJOURNMENT: Chairman Johnson adjourned the briefing at 6:30 p.m. Approved: Gute! AW 3 s LC litre ye Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES MARCH_ 18, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, March 18, 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, Code Enforcement & Planning Director Lynn Niblock, Planning Supervisor Ron Smith, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. INVOCATION by Chairman Johnson. ADJUSTMENTS TO THE AGENDA: by Chairman Johnson to approve the following agenda adjustments. Deletions: - Request from the Emergency Medical Service Department for Approval of an Invoicing “Write-Off Procedure for Homeless, Indigent, and Transient Parties” after Four Months - Request for Discussion/Approval of the Five-Year Capital Projects Plan Presentation from City of Statesville Officials Regarding Future Plans for the Civic Center Area (West Front & Meeting Street) vicinity Additions: - Frank Laxton was Allowed to Speak in Reference to the Facility known as “Quiet Waters” - Request for Approval of a Lake Norman Volunteer Fire Department Resolution Regarding the Purchase of Land for a New Building - Discussion/Consideration of a Substandard Buildings/Structures Ordinance - Appointment of the Iredell County Assessor - Closed Session for G.S. 143-318.11(a) (3) — Attorney Client VOTING: Ayes — 5; Nays — 0. APPOINTMENTS BEFORE THE BOARD Presentation from the Rev. Doug Thornburg Regarding the County Tax Rate & Revaluation: Rev. Thornburg, a resident of 197 Spring Shore Road, Statesville, N.C., said he and his family moved here from Mecklenburg County five years ago. He said 30 acres of land was acquired from his father in the East Monbo area, but “99% of the property was gullies and hills.” Thornburg said the recent revaluation valued his property at $400,000, and he had appealed this amount to the tax office. He said the first appeal was denied, and he was “hypersonically” disappointed. Rev. Thornburg asked the board members to not increase the property tax. Presentation from Mrs. Mildred Booker Regarding an Unoccupied House in her Neighborhood that is a Public Nuisance and a Hazard: Mrs. Booker, a resident of 2030 Kennedy Drive in Statesville, said the house next door (2028 Kennedy Drive) had been vacant since 2001, and it was both a nuisance and hazard due to broken windows and not being secured or boarded-up. She said animals were living in the crawl space, and animal control had been called to the site. She said that due to the broken glass, as well as garbage and building materials littering the grounds, the solid waste officer had been called. Mrs. Kennedy mentioned that since the structure was so easily accessible, people were drinking and smoking in it. She said the site was a hazard, especially for the neighborhood children. Code Enforcement & Planning Director Lynn Niblock said he visited the property and observed the same conditions mentioned by Mrs. Booker. He said the house appeared to be structurally sound, but esthetically, there were problems. Niblock said the owner had agreed to board-up the structure and clean the site this week. Mr. Niblock said his office would follow-up on the matter to insure that the owner had tried to improve the situation. Commissioner Williams asked what steps would be taken if the site was not cleaned up. Niblock said the county did not have an ordinance that specifically addressed the problems, and presently, the only available remedy would be under state law with the condemnation of buildings provision. He said the state law was narrow in content and basically a structure had to be in an imminent life-threatening condition. Niblock said it would be difficult to make a case since the house on Kennedy Drive was vacant. He said that if the county took the property owner to court, it would involve a lengthy and drawn-out process. Presentation from Ombudsman Cindy Kincaid Regarding the 2002 Year- End Reports for the Nursing and Adult Care Home Advisory Committees: Ms. Kincaid was accompanied to the meeting by nursing and adult care committee members Katie Barker, LaRue Burleigh, Sue Donaldson, Pat Culbertson, Charles Donaldson, Barbara Lippard, Fern Sexton, and Gene Hall. She said Region F (nine counties) had 250 volunteers who were a part of over 1800 statewide advocates for the residents of nursing and adult care facilities. Kincaid said the volunteers received 15 hours of orientation, 8 hours of on-going training, and there was also facility training. Ms. Kincaid said the committees were mandated through the General Statutes and legislatively empowered to serve as the residents’ advocates. She said the committees were the only agency that had the residents as the focal point of their work, and this was accomplished through quarterly visits with the patients, their families, and the facility administrators. Kincaid said Region F had grown to over 14,000 long-term care beds, and it was the largest in the State. She said Iredell County, alone, had over 739 nursing home beds and 833 adult care beds. The board members thanked the nursing and adult care committee volunteers for their invaluable services. Frank Laxton of 172 Tennessee Circle, Mooresville, N.C., Speaks in Reference to “Quiet Waters”: Laxton said the facility known as “Quiet Waters” started operations as a retreat center in January of 2001. He said the facility had been tax exempt since 1998, except for one off-water lot. Mr. Laxton questioned how the facility, or the “single family residence,” had received tax exemption from the tax assessor since retreat centers were not allowed in Resort Residential (R-R) districts in 1998. Mr. Laxton said that for over 20 years, retreat centers were not allowed in R-R districts until May of 2002. He said the owner’s request for a special use permit was denied by the board of adjustment (October 2002), but the decision had been appealed to the courts. He said that in 2001, the neighbors started complaining about the owner operating a bed and breakfast. Laxton said the county investigated, and the owner said there wasn’t a bed and breakfast, or a retreat center, and the structure’s usage was for “having acquaintances over for dinner and prayer.” Mr. Laxton asked how a person could receive tax exemption for “dinner and prayer,” especially when the application indicated the person would operate a retreat center. Laxton said he had a copy of a letter from St. Therese Catholic Church dated in February of 2001 (same time the owner said there wasn’t a retreat center) that stated, “Our faith formation department contributed $380 to Quiet Waters Retreat Center in exchange for meeting rooms and board.” Laxton said a letter from the county had been sent to owner in the past saying the house being used as a retreat center had not received zoning, building inspection, or health department approvals. He said a similar letter was sent on February 19, 2003, but it stipulated the owner should “cease and desist the retreat operations within seven days.” Mr. Laxton said it now appeared the owner was operating a church. He said that on 10 a.m. this past Sunday, 27 cars arrived and 27 departed at 12 Noon. Mr. Laxton said that at 6 p.m. (same day) 19 cars arrived, and they all left at 9:00 p.m. He said the permit for the facility (septic system) indicated the structure had eight bedrooms and eight bathrooms. He also said the facility’s web site indicated there was seating capacity for 80 in the dining room. Mr. Laxton asked when something would be done other than letters. Planning Supervisor Smith said that, typically, after a violation was discovered, the staff sent a letter to the owner stating that 30 days had been given to clear up the problem. He said if the violation wasn’t corrected, a citation ($100 fine) was sent with a stipulation that corrective action had to be taken in seven days, and after this, if the problem still continued, fines would be incurred for the seven days ($700). He said that if the fines continued to increase, the matter was turned over to the county attorney. Smith said this action usually obtained the violator’s attention. Mr. Smith said that in Mr. Craven’s (owner of Quiet Waters) case, there were options to get the property into compliance. He said the retreat was initially illegal, but through an amendment to the ordinance, retreats were then allowed as a special use. Smith went on to say Mr. Craven tried to obtain the special use permit, but he was denied. He said Mr. Craven then appealed to Superior Court where the case still remained. Smith said the retreat operations had ended; however, it appeared that traditional church services were now being provided. He said that on March 17, a letter was sent to Craven about being in violation of the zoning ordinance due to the church services. Commissioner Tice asked what was needed to conduct church services. Smith said Mr. Craven could return to the board of adjustment and request a special use permit. He said there were restrictive covenants on the property, and this might prohibit the owner from gaining approval, especially since there was so much opposition from the neighbors. Commissioner Madison asked if the $100-a-day fine was still being assessed. Smith said not for the retreat. Commissioner Madison asked how long the case might be in Superior Court. Attorney Pope said it was unpredictable. He said the case “would have to work its way up -- 60 to 90 days.” Mr. Pope said the neighbors had also filed a civil lawsuit about the usage of the property. Smith said fines would start accruing for the church activities. Chairman Johnson said he understood that while the case was in the courts, there wasn’t much the commissioners could do about the matter. Laxton said it appeared that Mr. Craven had falsified the documents for his septic system. He asked again about the tax exemption status. County Manager Mashburn said he had requested information from the tax office about the exemption. He said information would also be requested from the environmental section of the health department. Mashburn said that after all of the records were obtained, the information would be shared with Attorney Pope. He said a summary of the findings would be shared with the commissioners. Smith said the health department had been monitoring the septic system to make sure it was not failing. Kim McKeel, another resident in the “Quiet Waters” neighborhood, asked if the residents needed to formally make a presentation to the board of commissioners about the church services. Chairman Johnson said Mr. Smith was aware of the church activities. He advised McKeel that the board of adjustment would have to hear Mr. Craven’s request for a special use permit for church activities -- not the commissioners. PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Consideration of the FY 2003-04 Rural Operating Assistance Program (ROAP) Application: Transportation Services Director Garrison asked permission to apply for annual ROAP funding from the State. He said $214,049 was available for the following programs. Elderly & Disabled Assistance $ 68,874 Work First/Employment $ 11,947 Rural General Public $53,228 Discretional Rural General $80,000 $214,049 No one else spoke, and Chairman Johnson adjourned the hearing. MOTION by Commissioner Madison to approve the application for the Rural Operating Assistance Program. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Consideration of the Iredel! County Local Business Plan Resulting from the Mental Health System Reform Bill (House Bill 381) and State Plan 2002: Crossroads Behavioral Healthcare Executive Director Swann requested adoption of the final sections to the Local Business Plan. He said the libraries in Statesville and Mooresville, along with the county manager, had copies of the plan for the public to review. Mr. Swann said there were a number of “deliverables the State had not provided for the plan, and this had greatly impeded its creation.” Swann said the State, however, still had the April 1 deadline for the plan’s submittal. He said State officials had reviewed the plan a few weeks ago and informed him that it was in the top six for the entire State. Commissioner Williams complimented Mr. Swann and his staff in the completion of the plan and for being accepted as a “pilot program” for the State. No one else chose to speak, and Chairman Johnson adjourned the hearing. by Commissioner Tice to approve the Local Business Plan as presented. VOTING: Ayes — 5; Nays — 0. UNFINISHED BUSINESS MOTION by Chairman Johnson to amend the Rules of Procedure by re- adjusting the agenda’s order (unfinished business) for the purpose of appointing the county assessor. VOTING: Ayes — 5; Nays — 0. APPOINTMENT OF THE COUNTY ASSESSOR: by Commissioner Madison, in accordance with G.S. 105-294 and by authority granted to the board of commissioners to (1) appoint Mr. William E. Doolittle to the Office of County Assessor (2) to authorize Doolittle to also serve as the county tax administrator (3) to issue an appointment term extending through June 30, 2005, and (4) to approve a salary for the combined appointment (county assessor and county tax administrator) at $80,000 a year, plus benefits, as outlined in a letter written by the county manager dated March 13, 2003, after Mr. Doolittle presents certification that he has been certified for the office in accordance with the North Carolina General Statutes. VOTING: Ayes — 5; Nays — 0. ADMINISTRATIVE MATTERS by Chairman Johnson to approve the following seven (7) consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. Request for Approval of the January & February Refunds and Releases: The submitted refunds and releases are as follows. Breakdown of Releases January February County $234,100.13 63,334.55 Solid Waste Fees 195.00 309.00 East Alexander Co. Fire #1 43.83 0 Shepherd’s Fire #2 106.35 62.11 Mt. Mourne Fire #3 36.75 80.09 All County Fire #4 736.35 3,947.84 Statesville City 5,774.23 14,898.27 Statesville Downtown 0 12.07 Mooresville Town 218,267.60 15,663.56 Mooresville Downtown 0 88.00 Mooresville School 62,653.67 2,498.93 Love Valley 0 73.06 Harmony 38.50 1.47 Troutman 83.13 158.42 Total $ 522,035.54 $ 101,127.37 Breakdown of Refunds County 317.18 2,991.07 Solid Waste Fees 0 121.00 East Alexander Fire #1 0 39.36 Shepherd’s Fire #2 916.42 15.05 Mt. Mourne Fire #3 0 0 All County Fire #4 38.54 594.36 Statesville City 134.00 137.85 Statesville Downtown 0 207.48 Mooresville Town 23.38 207.19 Mooresville Downtown 0 0 Mooresville School 1.22 55.98 Love Valley 0 0 Harmony 5.40 0 Troutman 0 0 Total $1,436.14 $ 4,369.34 2. Request from the Town of Troutman Regarding a Correction to the Iredell County Code in Reference to Section 5-28 (Fire Code Enforcement): (This request was described in the briefing minutes.) 3. Request from the Emergency Services Director for Permission to Apply for a 2003 Emergency Management Performance Grant (Emergency Operations Center) in the Amount of $5,200: (This request was described in the briefing minutes.) 4. Request for Approval of Budget Amendment #33 for the Transfer of Funds ($42,375) from Contingency for the Reimbursement to the Town of Mooresville for Installation Costs for the Waterline to Lake Norman Regional Medical Center: During the briefing, Finance Director Blumenstein said $42,375 was owed to the Town of Mooresville for the Lake Norman Regional Medical Center waterline extension. She said the payment was in accordance with a 1997 agreement, and the reimbursements were based on the amount of new tax base that had resulted from construction or the expansion of existing facilities. 5. Request from the Sheriff's Department for Approval of Budget Amendment #34 for: 1. The transfer of $22,000 from Seized Funds for Replacement Vehicles 2. The transfer of $12,000 from Seized Funds for Nextel Telephones 3. The transfer of $1,500 from the Commissary Fund for the Purchase of Six Food Bins At the briefing, Chief Deputy Dowdle said the vehicles would replace two that had been wrecked. (The amendment will recognize funds from the U.S. Treasury Federal Equity Sharing Program [seized funds] and money from insurance claims for the automobiles.) In reference to the 17 telephones, he said these would be used for drug enforcement, and the cost would cover the purchases and airtime through June 30. Dowdle said the food bins were for dry goods, and they were needed to comply with new health regulations. 6. Request from the Appropriate Punishment Options Director for Approval of the Criminal Justice Partnership Program Budget for FY 2003-04: (A description of this request may be found in the briefing minutes.) ¥ Request for Approval of the March 4, 2003 Minutes Request for Approval of a Resolution for the Lake Norman Volunteer Fire Department Regarding the Purchase of Land for a New Building: Commissioner Williams said he had been advised that the Lake Norman Volunteer Fire Department (the “Department”) intended to borrow up to $189,000.00 (the “Loan”) from First Charter Bank to finance the acquisition of property on which a fire station would be built (the “Project”). He continued by saying: “The Project will be located on approximately seven acres of land at Brawley School Road and Southfork Road in Mooresville, North Carolina and will be owned and operated by the Department. Neither Iredell County nor any agency thereof shall be liable in any event for the repayment of the Loan, the Loan does not constitute an indebtedness of Iredell County or any agency thereof and does not constitute or create in any manner a debt or liability of Iredell County or any agency thereof. Under applicable federal income tax laws, the interest on the Loan will not be exempt from federal income taxation unless, among other things, the Board of Directors of Lake Norman Fire Department has, by resolution after having held a public hearing on behalf of Iredell County, approved the Loan and the proposed Project and then the Board, by Resolution approves the Loan and the proposed Project.” Commissioner Williams then stated a notice had been published by the Lake Norman Volunteer Fire Department Board of Directors on January 31, 2003 indicating the Lake Norman Volunteer Fire Department would hold a public hearing on behalf of Iredell County, North Carolina on February 17, 2003 on the proposed Loan and the Project (the “Notice”). (The Lake Norman Volunteer Fire Department held a public 6 hearing during which anyone who wished to be heard on the advisability of the Loan and the Project could speak and there were no written comments about the proposed Project or the Loan received prior to the public hearing held by the Lake Norman Volunteer Fire Department. After the Lake Norman Volunteer Fire Department heard from all persons who requested to be heard, the Board of Directors for the Lake Norman Volunteer Fire Department passed the resolution approving the incurrence by the Lake Norman Volunteer Fire Department of up to $189,000.000 in indebtedness from First Charter Bank to finance the acquisition of approximately seven acres of land for a new fire station.) MOTION by Commissioner Williams to approve the following resolution. VOTING: Ayes — 5; Nays — 0. RESOLUTION APPROVING THE INCURRENCE BY LAKE NORMAN VOLUNTEER FIRE DEPARTMENT OF UP TO $189,000.00 IN INDEBTEDNESS FROM FIRST CHARTER BANK TO FINANCE THE ACQUISITION OF APPROXIMATELY SEVEN ACRES OF LAND FOR A NEW FIRE STATION WHEREAS, the Board of Directors of the Lake Norman Volunteer Fire Department on behalf of the Board, pursuant to public notice duly given (the “Notice”), held a public hearing on the proposed Loan and Project and considered the comments of persons who requested to be heard; and WHEREAS, neither the County nor any agency thereof shall be liable in any event for the repayment of the Loan, the Loan does not constitute an indebtedness of the County or any agency thereof and does not constitute or create in any manner a debt or liability of the County or any agency thereof; and WHEREAS, the Board desires to approve the Loan and approve the Project; NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of Iredell County, North Carolina as follows: (1) The publication of the Notice and the designation of the meeting held by the Lake Norman Volunteer Fire Department Board of Directors on February 17, 2003 as a public hearing on the Loan and the Project is hereby ratified and approved. (2) The incurrence by Lake Norman Volunteer Fire Department of indebtedness of up to $189,000.00 to First Charter Bank to finance the Project is hereby approved. (3) The Project is hereby approved. (4) This resolution shall take effect immediately upon its passage. This the 18" day of March, 2003. x** ke * Discussion/Consideration of a Substandard Buildings/Structures Ordinance: Commissioner Madison said Code Enforcement and Planning Director Niblock had proposed an ordinance pertaining to substandard buildings in the past. Madison said a similar ordinance was being proposed to strengthen or provide more structure in addressing substandard buildings. He stressed that all “bona fide farm buildings” would be exempt from the ordinance. Niblock mentioned that the original ordinance was presented in January of 2002. He reviewed the newest draft, consisting of five pages, and he said his office would enforce the document upon the direction of the commissioners after receiving complaints from the public. He said property owners who received an order to take corrective action on their properties could appeal the determination to the commissioners. In reference to the term “prompt corrective action,” Mr. Niblock said that if a violator told him that steps (permits) were being taken to correct the problems, 7 he (Niblock) would consider this sufficient. He said most permits had a time limitation on them, but additional language might be needed for demolition permits. Attorney Pope said the definition for “prompt corrective action” could be “tightened up.” by Commissioner Madison to direct Mr. Niblock and Attorney Pope to revise the document and to submit it in final form for further board consideration at the April 15 meeting. Commissioner Williams said he needed more time to study the document. Mr. Niblock offered to meet with any of the commissioners who had concerns or questions about the ordinance. Commissioner Madison requested that Niblock share the document with the board members at least one week prior to the April 15 meeting. VOTING: Ayes — 5; Nays — 0. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Criminal Justice Partnership Program (i announcement Nursing Home Advisory Committee (1 announcement Centralina Workforce Development Board (2 announcements) APPOINTMENTS TO BOARDS & COMMISSIONS Nursing Home Advisory Committee (2 appointments): Commissioner Tice nominated Clara Vanderford. No other nominations were submitted, and Chairman Johnson Imoved to close the nominations, appoint Vanderford by acclamation, and to postpone the remaining appointment until April 1. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (8 appointments): Commissioner Madison nominated Katie Barker, Bette Ivester, and Gene Hall. No other nominations were submitted, and Chairman Johnson moved to close the nominations, appoint Barker, Ivester, and Hall by acclamation, and to postpone the remaining five appointments until the April 1 meeting. VOTING: Ayes — 5; Nays — 0. Hazardous Waste & Low-Level Radioactive Waste Management Board (4 appointments): Commissioner Williams nominated David Sides, Elmer Horton, Bill Warlick, and Chris Shoobridge. Chairman Johnson moved to close the nominations and appoint Sides, Horton, Warlick, and Shoobridge by acclamation. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER’S REPORT: Mr. Mashburn said a written activity report had been distributed during the briefing session. He announced that the Annual Service Banquet for Retirees and Long-Time Employees would be held on: Thursday, April 24, 2003 6:00 — 6:30 p.m. - Reception 6:30 p.m. — Dinner Agricultural Resource Center, Bristol Drive, Statesville, NC CLOSED SESSION: by Chairman Johnson at 9:10 p.m., to enter into closed session pursuant to G.S. 143-318.11 (a) (4) — Economic Development and G.S. 143-318.11 (a) (3) — Attorney-Client Privilege. VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 9:40 P.M.) ECONOMIC INCENTIVE GRANT FOR CHIP GANASSI RACING WITH FELIX SABATES: by Commissioner Williams to call for a public hearing on Tuesday, April 1, 2003 at 7:00 p.m., regarding an economic development incentive grant in an amount between $47,000 to $122,200 (over a three-year period) for Chip Ganassi Racing with Felix Sabates based on an investment of $2.5 million in Iredell County. VOTING: Ayes — 5; Nays — 0. ADJOURNMENT: |MOTION | by Chairman Johnson to adjourn the meeting at 9:41 p.m. VOTING: Ayes — 5; Nays — Approved: Copsit l AW E 2. Pipe be Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES APRIL 1, 2003 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, April 1, 2003, 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Planner Emily Jackson, Solid Waste Administrative Manager Susan Cornell, Health Director Ray Rabe, and Clerk to the Board Jean Moore. Guests present: Crossroads Behavioral Healthcare CEO/Area Director David Swann, Iredell-Statesville Finance Officer Terry Haas, Centralina Council of Governments Director Al Sharp, and Bill Duston, a Centralina Planner. Call to Order by Chairman Johnson. Request for Approval of a Regional Planning Alliance (RPA) Membership Pact Resolution Submitted by the Centralina Council of Governments (COG): Centralina Director Al Sharpe and Planner Bill Duston said the COG Board of Delegates voted in January of this year to become a partner in a regional planning alliance. Sharp said the mission of the RPA would be to develop a “cohesive policy” in connection with growth in the Charlotte region. He said the alliance would be composed of elected and appointed officials as well as non-governmental agencies (chambers of commerce and real estate professionals, etc.). Duston said several counties and cities had already adopted the RPA resolution. When asked how the RPA would receive its funding ($330,571 for year 2003 and $268,571 for 2004), Sharp said Centralina had received some funding from the Environmental Protection Agency (EPA), and contributions would be solicited from the business community. The commissioners requested to delete this item from the agenda and to discuss it again at the April 15 meeting. Sustainable Environment for Quality of Life (SEQL): Duston said a $275,000 grant had been awarded from the EPA for the purpose of protecting the “quality of life” in the Charlotte area. He said that Centralina, along with the Catawba Regional Council of Governments, desired to create a program (SEQL) to address environmental issues, e.g., sprawl and air quality problems, with the funding. Duston said there was no action needed on SEQL, but if anyone had questions, Rebecca Yarbrough, with Centralina, was the contact person. Request for Approval of an Amendment to a Lease for Crossroads Behavioral Healthcare at the Twin Oaks Road Facility: Crossroads CEO/Area Director Swann said the Psychosocial Rehabilitation Program, offered at the county’s Twin Oaks property, taught occupational trades to 45 to 50 adults. He said that in accordance with State law, Crossroads needed to find a provider for the program by May 1. Mr. Swann said, however, the lease for the facility did not allow sub-leasing. He said the county attorney had drafted an amendment to the lease that would allow for this practice. Swann said Crossroads wanted to continue as the “tenant” in the lease, in case the provider agency did not work out and changes needed to be made. Adjournment: Chairman Johnson adjourned the briefing at 6:00 p.m. Approved: C Gout /§ 2003 ¢c. there Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES APRIL 1, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, April 1, 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, Chief Animal Control Officer Sidney Weisner, Planner Emily Jackson, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. INVOCATION by Commissioner Norman. PLEDGE OF ALLEGIANCE: Girl Scout Troop 549 from Mooresville, North Carolina, led the pledge of allegiance. The scouts were attending the meeting due to a requirement for their model citizen’s badge. ADJUSTMENTS TO THE AGENDA: MOTION by Chairman Johnson to approve the following agenda adjustment. Deletion: - Request for Approval of a Regional Planning Alliance Membership Pact Resolution Submitted by the Centralina Council of Governments (postponed until the April 15 meeting) VOTING: Ayes — 5; Nays — 0. PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Adoption and Presentation of a Child Abuse Prevention Month Proclamation to Lisa York, a Social Work Program Administrator with the Social Services Department: Chairman Johnson read and presented the following proclamation to Mrs. Lisa York. CHILD ABUSE PREVENTION MONTH APRIL 2003 WHEREAS, child abuse is a community problem and finding solutions depends on involvement among people throughout the community; and WHEREAS, approximately three million children are reported as abused and neglected in this country each year; and WHEREAS, more than 100,000 children are reported as abused and neglected in North Carolina each year; and WHEREAS, 1,143 reports of child abuse and neglect were received in Iredell County during the year 2002; and WHEREAS, 24 children are known to have been victims of child abuse homicide in North Carolina during the year 2001; and WHEREAS, the effects of child abuse are felt by whole communities and need to be addressed by the entire community; and WHEREAS, effective child abuse prevention programs succeed because of partnerships created among social service agencies, schools, religious and civic organizations, law enforcement agencies and the business community; and WHEREAS, all citizens should become more aware of the negative effects of child abuse and its prevention within the community and become involved in supporting parents to raise their children in a safe, nurturing environment. NOW, THEREFORE, the Iredell County Board of Commissioners hereby proclaims April 2003 as “CHILD ABUSE PREVENTION MONTH?” in Iredell County and calls upon all citizens, community agencies, religious organizations, medical facilities, and businesses to increase their participation in an effort to prevent child abuse and thereby strengthening our community. This the 1* day of April 2003. Adoption of a Proclamation for County Government Week (April 6-12, 2003): Chairman Johnson read the following proclamation. COUNTY GOVERNMENT WEEK APRIL 6 - 12, 2003 WHEREAS, counties provide critical services to the children and families who live in our great country; and WHEREAS, counties provide many services that make America’s communities stronger and safer places to live and raise families, and WHEREAS, county governments are the citizen’s local government voice, providing solutions that bring communities together. NOW, THEREFORE, the Iredell County Board of Commissioners hereby proclaims April 6 — 12, 2003 as County Government Week in Iredell County and urges all citizens to become more involved and aware of issues facing our counties by volunteering for committees, voting in elections, and attending public meetings. This the 1° day of April 2003. by Chairman Johnson to proclaim April 2003 as Child Abuse Prevention Month and April 6-12, 2003, as County Government Week. VOTING: Ayes — 5; Nays — 0. APPOINTMENTS BEFORE THE BOARD Margaret Lane and Stephanie Sterling, both members of the Iredell County Humane Society, Address the Board Concerning the Animal Control Ordinance: Mrs. Lane, President of the Humane Society, said she had reviewed the recent revisions to the animal control ordinance and feared the changes would “punish responsible pet owners and cause them to lose their pets.” Lane said the definition for “severe injury” was anything that resulted in broken bones or broken skin. She said a puppy that “nipped” someone could be classified as a dangerous dog due to the wording in the ordinance. Mrs. Lane suggested that additional amendments be made to re-define a “serious injury.” In addition, Mrs. Lane said she felt a dog bite needed to be classified as “unprovoked” in order for it to be classified as a vicious attack. Mrs. Sterling, the Vice President of the Humane Society, said she supported the original ordinance proposal that was submitted by Mr. Weisner. Sterling said she concurred with Mrs. Lane’s comments about the serious injury definition, and the provoked/unprovoked issue. Mrs. Sterling said the ordinance did not leave much “leeway” in determining the severity of bites, and this was a problem for the appeals board. Dr. Brad Rutledge, a member of the Animal Control Grievance Committee for the past 12 years, said that prior to March of this year, or the adoption of the new ordinance, the appellate board members “had some room to evaluate each case.” Rutledge said the members could evaluate the situations to determine if an animal was a “threat to the community.” Dr. Rutledge said he couldn’t in good conscience uphold the new law, and he was “temporarily resigning from the committee” until it was revised. He said the ordinance was too general in what constituted a dangerous dog. Rutledge recommended that a ten-day period be inserted in the ordinance for a quarantine period. He suggested that a committee be formed to re-evaluate the ordinance, and that prior to the adoption of revisions to the ordinance, the appeals board be given some latitude in evaluating the cases. Rutledge recommended for the committee to be composed of representatives from the board of commissioners, the animal control department, the appellate board, and the humane society, to allow for a “good balance of ideas.” Commissioner Madison said he understood the ten-day quarantine period for a bite was a State law. Attorney Pope said this was correct. Madison said that under State law, a dog could not be destroyed for ten days after it bit someone. He said this would give a three day appeals process, and ten days to hold a hearing. Mr. Madison said he also understood that in March, when the ordinance was being reviewed, that the appeals board members would have the discretion to apply common sense to the judgment of a dangerous dog and adjudicate accordingly. Commissioner Madison said that basically the only thing the commissioners changed from Mr. Weisner’s proposal was the definition of a “severe bite.” He said Mr. Weisner’s proposal defined a severe bite as one that required stitches, cosmetic surgery, or something of that nature. Mr. Madison said the reason behind changing the definition was that if an animal bit a person, inflicting several deep puncture wounds, the animal could miss being classified as dangerous due to no cosmetic surgery being obtained. R: iledge said he didn’t feel like he had the latitude or leeway to make judgmental decisions in the cases. Attorney Pope said it appeared the term “broken skin” needed some clarification. He said the definition of severe injury was “any physical injury that resulted in broken bones or broken skin.” Pope said the animal grievance committee, or appellate board, was a quasi-judicial board, and the members had the authority, within certain parameters, to interpret the cases presented before them. Rutledge recommended that some method be found to disclose to the public that monetary fines would be incurred for ordinance violations. by Chairman Johnson to appoint the Chief Animal Control Officer, Commissioner Marvin Norman, Dr. Brad Rutledge, and two members of the humane society, to an ad hoc committee for the purpose of reviewing the ordinance and to make a recommendation to the board of commissioners in the future. VOTING: Ayes — 5; Nays — 0. Dr. Rutledge said he desired to withdraw his resignation from the animal control grievance corriittee, if “leeway” was being given the members to evaluate each situation on a case-by-casv basis. PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Consideration of an Economic Incentive Grant for Chip Ganassi Racing with Felix Sabates: Economic Developer Melanie O’Connell Underwood said the Ganassi Racing team was landlocked and needed to expand. She said the company planned to 3 purchase and renovate the former Matsushita Corporation buiiding in Mooresville to house the racing team operation. Gene Haskett, the Executive Vice President of Chip Ganassi Racing, said the company was currently located at 114 Meadow Hill Circle, in Mooresville, N.C. He said the company had expanded to a three-car team this year, and more space was needed. Mr. Haskett said the company presently had 139 employees and an annual payroll in excess of $10 million. He said the company met all of the economic incentive requirements of the State and the county. Mr. Haskett said the company desired to add a fourth racing team, which would add 40 employees. He said there were also plans to move the engine shop from Concord, N.C., and this would add 25 more employees. No one else desired to speak, and Chairman Johnson adjourned the hearing. by Commissioner Norman to grant an economic incentive grant of an amount between $47,000 to $122,200 (over a three-year period) for Chip Ganassi Racing with Felix Sabates based on a $2.5 million investment in Iredell County. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Rezoning Request; Kenneth Koontz for Moerko LLC Property, Case No. 0303-1 from Highway Business to General Business District (Location: 167 & 177 Houston Road, Troutman, NC): County Planner Emily Jackson said the applicant desired to rezone approximately 7.94 acres from Highway Business (HB) to General Business (GB) Zoning. She said the proposed use of the site (PIN #s 4740-98-2495 & 4740-98-5449) would be for office and warehouse uses. Ms. Jackson said the board of commissioners denied a rezoning request in May of 1999 for the site to have M-2 CUD and GB zoning; however, in August of 2000, a rezoning was approved from Residential Agricultural to Highway Business and General Business. Jackson said the planning board on March 5, 2003 unanimously approved the current request. No one else desired to speak, and Chairman Johnson adjourned the hearing. by Commissioner Madison to approve the rezoning request of Case No. 0303-1 (Koontz for Moerko LLC) from Highway Business to General Business District. VOTING: Ayes — 5; Nays — 0. Rezoning Request; Crescent Resources LLC Property, Case No. 0303-2 from Community Business to Residential Agricultural District (Location: Northwest corner of Brawley School Road & Chuckwood Road in Mooresville, NC): Planner Jackson said Crescent Resources desired to rezone a portion of property (PIN#4626-63-7315) from Community Business to Residential Agricultural. She said the property was presently vacant and the surrounding land uses were residential and vacant. Ms. Jackson said that even though this was a downzoning, the property had many restrictive covenants, and these would rule out many types of housing. Attorney Walter Jones, representing the applicant, said the property was part of a Vested Right that allowed Crescent to develop the site for residential uses. Mr. Jones said the property owner, even with the Residential Agricultural zoning, would still be able to sell the lots at a price between $400,000 - $600,000 per lot. No one else desired to speak, and Chairman Johnson adjourned the hearing. by Commissioner Tice to approve the request for Case #0303-2 from Community Business Zoning District to Residential Agriculture Zoning District. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Rezoning Request; Clayburn Lunsford, James E. Hoots, and Dorsey Allen Styers Properties, Case No. 0303-3, Request to Amend the Iredell County Land Use Plan and to Rezone a Portion of the Property from Heavy Manufacturing to General Business District (Location: West Memorial Highway/NC901 in Union Grove, NC): Ms. Jackson said this request involved property owned by Dorsey Styers and another tract jointly owned by Clayburn Lunsford and James Hoots (PIN# 4852-29- 7867 & 4853-30-0235). She said the existing land use was vacant, and the surrounding uses were commercial as well as vacant. Jackson said there were plans to locate a CPA’s office on the site. She said the present zoning of M-2 was not consistent with the surrounding uses, and this designation was no longer applicable due to the fact that a mill was no longer operating at the site. Ms. Jackson said that on March 5, 2003, the planning board unanimously voted for the zoning change and to amend the land use plan. No one else spoke, and Chairman Johnson adjourned the hearing. by Commissioner Williams to amend the Iredell County Land Use Plan in reference to Case No. 0303-3 (Lunsford/Hoots & Styers). VOTING: Ayes — 5; Nays — 0. by Commissioner Tice to approve the request of Case No. 0303-3 (Lunsford/Hoots & Styers) from Heavy Manufacturing to General Business District Zoning. VOTING: Ayes — 5; Nays — 0. CONSENT AGENDA by Chairman Johnson to approve the following seven (7) consent agenda items. VOTING: Ayes — 5; Nays — 0. i. Request for Approval of a Lease Amendment for Crossroads Behavioral Healthcare at the Twin Oaks Road Facility: During the briefing, David Swann, the CEO/Area Director for Crossroads, said the Twin Oaks property owned by the county presently housed the Psychosocial Rehabilitation Program. He said that in connection with the new mental health laws, a provider for the program would need to be obtained. Swann said Crossroads’ lease did not contain a sub-leasing provision, and this was why the amendment was needed. 2. Request from the Iredell-Statesville School System for Approval of a 2002- 2003 Capital Outlay Amendment: Terry Haas, the Finance Officer for the Iredell- Statesville School System, reported during the briefing that an amendment to the capital outlay budget was requested. She said the revision would allow for a security system to be installed at Statesville High School. She said that with the approval of the $61,000 amendment, all Iredell-Statesville high school campuses would have security systems. 3. Request from the Solid Waste Department for Approval to “Write Off” a Delinquent Account: During the briefing, Susan Cornell, the administrative manager for the solid waste department, requested permission to write off a $625 account for Mr. George Johnson. She said the account had been on the “books” since January of 2000 in the amount of $1,425.60. Cornell said payments had been made reducing the amount owed to $625, but it was anticipated that no further money would be received due to the debtor being ill. 4. Request from the Health Department for Approval of a Budget Amendment for the Allocation of Bioterrorism Grants: At the briefing, Health Director Rabe said grant funds of $39,800 had been received for the protection of the public against bioterrorism attacks. He said the funds would be used for training ($3,000), community information and education ($4,300), and equipment/consultation ($32,500). Rabe also said $7,437 had been received in a food/lodging grant. He said the department desired to use $6,000 of these funds towards the purchase of a computerized system to enter activities associated with food/lodging inspections. Mr. Rabe said the remainder ($1,437) would be applied towards the food and lodging staff salaries. Lastly, Rabe said there was an FY 01-02 purchase order carryover in the amount of $6,400 for the purchase of an epidemiology module. He said that due to the module purchase being an acceptable use of the bioterrorism funds, he desired to purchase the equipment out of these funds. The entire amendment was: Unbudgeted grants Bioterrorism Grants Training $ 3,000 Community Information/Education 4,300 General/Equipment & Consultation 32,500 Sub-total $39,800 Food & Lodging Grant $ 7,437 FY ‘01°02 Purchase Order Budgeted Carryover $ 6,400 Total $ 53,637 Proposed Expenditures Digital Health Department 16,000 Emergency Generator (Mooresville) 13,500 EPI Module 6,750 Professional Services (Consultation) 4,949 Commercial Refrigerator 1,487 Printing 1,000 Computer (Preventive) 954 Software 160 Digital Camera 500 Fax Machines (2) 500 Sub-total $ 45,800 Food & Lodging Salaries ’02-’03 1,437 Released County Funds 6,400 7,837 Total $53,637 §. Request from the Health Department for Approval to Transfer $34,337 from the Medicaid Maximization Deferred Revenue Account Into Expense Accounts for Assistance in Complying with the Health Insurance Portability & Accountability Act (HIPAA): Health Director Rabe said during the briefing that in an effort to comply with HIPAA requirements, he was requesting the transfer of $34,337 from the Medicaid Max Account into expense accounts to be used for: Key/lock estimate $ 9,978.52 Building Construction estimate 9,000.00 Locking mailboxes estimate 8,050.00 Sign estimate 1,632.00 Locking desk/file cabinet estimate 2,830.00 Cabinet locks 48.00 Locking medical record transport cases 440.00 Picture name tags 682.00 Computer monitor screens 550.00 Printing 1,126.00 $34,336.52 6. Request for Approval of a Resolution that will Allow Deputy Finance Officer Dean Lail to Conduct County Business with Piedmont Bank: Susan Blumenstein, the County Finance Officer, said during the briefing that Piedmont Bank required that a resolution be adopted before allowing Deputy Finance Officer Dean Lail to transact business on behalf of the county. (The transactions would include: purchasing certificates of deposit, redeeming the certificates with payment made only to the county, and renewing certificates.) 7. Request for Approval of the March 18, 2003 Minutes END OF CONSENT AGENDA ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS (In a fax dated March 25, 2003, Dr. Brad Rutledge announced his resignation from the Animal Control Grievance Committee. Dr. Rutledge was present at the meeting, and rescinded his resignation due to an ad hoc committee being appointed to study the animal control ordinance.) APPOINTMENTS TO BOARDS & COMMISSIONS Nursing Home Advisory Committee (2 appointments): by Commissioner Madison to postpone these two appointments until April 15 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (5 appointments): by Chairman Johnson to postpone these five appointments until the April 15 meeting. VOTING: Ayes — 5; Nays — 0. Criminal Justice Partnership Program (1 appointment): Commissioner Tice nominated Judge Lynn Gullett. Commissioner Madison to close the nominations and appoint Judge Gullett by acclamation. VOTING: Ayes — 5; Nays — 0. Centralina Workforce Development Board (2 appointments): Commissioner Tice nominated Dan Wallace and Jan Comer. Chairman Johnson Imoved| to close the nominations and appoint Wallace and Comer by acclamation. VOTING: Ayes — 5; Nays — 0. NEW BUSINESS Announcement of the 2003 District Meetings of the North Carolina Association of County Commissioners: The District 10 meeting will be held on Friday, April 11 in Cabarrus County from 12 Noon through 3 p.m. Adoption of a Resolution in Opposition to Governor Easley’s 2003-2005 Budget: by Commissioner Madison to approve the following resolution expressing opposition to Governor Easley’s proposed budget. VOTING: Ayes — 5; Nays — 0. RESOLUTION IN OPPOSITION TO GOVERNOR EASLEY’S BUDGET WHEREAS, Governor Mike Easley’s proposed budget for the 2003-2005 biennium impacts county governments by more than $78 million; and WHEREAS, Easley’s budget redirects the state Public School Capital Funds (approximately $59 million) into the state’s general fund. These funds earmarked to assist for the payment of school construction; and WHEREAS, Easley’s budget also includes a proposal to reduce class sizes for second grade, which combined with the state’s rapidly increasing school enrollment population, puts more pressure on counties to build schools; and WHEREAS, Easley’s budget also repealed the hold harmless payment to local governments for revenues that were lost last fall when the state eliminated $95 million in reimbursements for repealed local taxes; and WHEREAS, Easley’s budget does not address Medicaid effectively. Medicaid is the second largest, single budget item for most counties and now exceeds local spending for education in some North Carolina counties. North Carolina is one of only two states that mandate county participation in Medicaid services. North Carolina counties are required to pay 15 percent of the non-federal share. Medicaid costs for North Carolina counties increased $57 million over last year’s budget, or $420 million statewide; and WHEREAS, Governor Easley’s budget increases overall state spending by over $500 million more than last year when county budgets continue to decrease by reducing and eliminating services. THEREFORE, BE IT RESOLVED, that the Iredell County Board of Commissioners goes on record as opposing the Governor’s proposed budget and implores, that he, Governor Easley, develop and adhere to a balanced budget between available revenues and required expenditures for services remanded by the citizens of North Carolina and stop penalizing local governments for the state’s financial problems. Adopted this the 1" day of April 2003. x* * * & 800-Megahertz System Update: Chairman Johnson said that on March 28, 2003, he toured and inspected an 800 mhz radio system in Rowan County. He said that while in Rowan County, he learned that under North Carolina laws, counties were given the ability to reserve a section of tower space. Johnson requested the staff to review the county’s ordinance to determine if this provision was included, and if not, to bring a proposal for its inclusion at a future meeting. COUNTY MANAGER’S REPORT: County Manager Mashburn reported that in conjunction with the new library project, demolition of the Bryant building and the bookmobile building was occurring. Mashburn said the owner of the dry-cleaning business had not vacated, and the staff would probably have to issue a mandatory date for the premises to be empty. He said the groundbreaking for the library was scheduled for June. In reference to the government center in Mooresville, Mashburn said the project was approximately two weeks behind schedule due to a drywall problem. He said an occupancy date for the building would probably be in August. ADJOURNMENT: MOTION by Chairman Johnson to adjourn the meeting at 8:25 p.m. VOTING: Ayes — 5; Nays — 0. —s Approved: Genie 15,2003 an Cf: AY Clerk to the Board aa IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES APRIL _15, 2003 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, April 15, 2003, 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Planning & Code Enforcement Director Lynn Niblock, Planning Supervisor Ron Smith, Interim County Assessor Bob Miller, County Assessor Bill Doolittle, Recreation Director Robert Woody, Chief Deputy Rick Dowdle, Communications Director David Martin, Emergency Services Director Tracy Jackson, Health Director Ray Rabe, Social Services Director Don Wall, Support Services Director Jim Vernon, and Clerk to the Board Jean Moore. Call to Order by Chairman Johnson. Request for Approval of the March 2003 Refunds and Releases: Interim County Assessor Bob Miller and County Assessor Bill Doolittle attended the meeting. Doolittle, who started work on April 14, 2003, requested for the March 2003 refunds and releases to be approved. Request for Approval of Budget Amendment #36A which will (1) Appropriate $16,160 to Planning/Contracted Services (2) Recognize Revenue of $8,190 in Community Contributions (3) Transfer $7,970 from Economic Development/Professional Services and (4) Award the Contract for the South Iredell Small Area Plan to Woolpert LLP: Planning Supervisor Smith said $15,000 had been budgeted for a study to examine the south Iredell area (I-77 and the proposed interchange with Langtree Road in the west, Shearers Road in the east, the Mooresville Town limits in the north, and the Iredell/Mecklenburg County line towards the southern end). Smith said the following five agencies submitted proposals. Costs Benchmark LLC $ 16,500 Centralina Council of Governments 17,258 + four membership hour blocks Woolpert LLP 22,968* The Wooten Company 36,340 The Lawrence Group 49,500 *Woolpert proposed a base fee of $27,968 plus $8,186 for an optional Economic Impact Analysis (EIA); however, the planning staff will assist in the project and the company has agreed to reduce its cost to $22,968. In reference to the EIA, outside agencies have committed $6,000.00, and it is anticipated that another $2,000 will be forthcoming. Smith said his staff, along with the planners in the Towns of Mooresville and Davidson, reviewed the proposals and everyone was in agreement that Woolpert was the top candidate. Mr. Smith said the FIA would address the impact of the new Lowe’s headquarters in the area. He said the analysis could be used by the county for capital facilities planning and as an economic development tool. Smith said the ORED study for the schools did not factor in the Lowe’s project. Commissioner Norman asked, pertaining to Woolpert’s economic impact analysis, how far out into the future it would extend. Smith said he would check on this. Request from the Sheriff's Department for Approval of Budget Amendment #37 to: (1) Transfer $2,850 from Seized Funds for the Purchase of Six Channels for the 800-mhz Project & (2) Transfer $1,356 for the Purchase of a Video Player to Replace an Older One: Chief Deputy Rick Dowdle explained the need for these two purchases from seized funds. He said the video player had special tracking devices to aid in investigating break-ins at businesses. Communications Director David Martin said the 800-mhz system had been around for years, and if the county was interested, it needed to start the application process now. He said the Town of Mooresville had applied for 6 channels or 12 frequencies. Martin said the 800-mhz could be integrated into the county’s present system. Charles Tower: Martin said the Charles tower lease discussions with the American Tower Corporation (ATC) had ended. He said the lease idea had been abandoned due to the company’s costs (site interference study, structural analysis study, insurance, etc.). Martin said the ATC costs were not feasible, and the county could erect its own self- supporting tower for $25,000 to $30,000. He said the Harmony Volunteer Fire Department officials had been approached about erecting a tower at the Olin Station. Request for a Decision Regarding the Proposed Lease & Construction Up-fit for the North Carolina Department of Environment & Natural Resources at the Iredell County Government Center-South: Support Services Director Vernon said a “lease condition offer” had been presented to the North Carolina State Property Office and to the Environmental & Natural Resources Office. He said the lease would now be submitted to the Council of State on May 6, 2003, for approval. Vernon said the State officials were requiring the following items for the proposed lease. . DENR will be allocated space on third and fourth floors as indicated by approved floor plans. Fourth floor renovations will include perimeter window. . Security program will include contract security officers; metal detection equipment at all public entrances; program controlled elevator access to upper floors; and private employee access controlled entrances. e Parking plan for DENR will include a vinyl-clad chain link fenced area to accommodate 35 state-owned vehicles, two boats and an outside 10x12 storage shed (for equipment and combustible fluids). The fenced-in area will have a sliding vehicular gate system and pedestrian gate both controlled by a keypad or card security system. DENR will have specifically designated parking spaces for 110 employees and handicapped parking for at least two DENR employees. (They currently park directly in front of the entrance with close access to the door.) * Directional signage for DENR customers will be provided in parking areas, main entrance, and within the building interior. The county will provide appropriate street signs for the government center to facilitate citizens locating the facility. ° The county will provide all maintenance and upkeep of the facility and will have an onsite building contact for this purpose. A secure courier mail pickup and delivery area will be provided. Space will be available for occupancy on or before September 30, 2004. Transportation, labor, and appropriate packing materials will be furnished by the county as part of the moving process. DENR staff will pack office articles that will aid in the moving effort. ° Iredell County will provide environmental certifications evidencing that the ICGC-S site is free of hazards regarding lead paint asbestos and underground storage tanks. There will be adequate visitor parking for use of DENR clientele. . It is understood that Iredell County will contract for janitorial services for the entire ICGC-S complex. Iredell County will invoice DENR, for its square footage at the same square rate as the contract. ° An emergency electrical generator will be installed for DENR’s use during power outages. This generator will serve approximately 2,500 square feet of DENR lease space. Minimum requirements are 40kw, 122/240 volt, 1 single phase and a 150 AMP circuit with a weatherproof panel. ° Iredell County will be responsible for all DENR business cards and letterhead stationery. * Installation of an Air Quality Satellite Dish on the roof. Cabling will be required to two (2) locations. The proposal submitted from the county to the State offices was: Iredell County proposes to demolish and renovate/upfit a total leasable area of 26,871 square feet, consisting of 22,052 square feet on the third floor, and 4819 square feet on the fourth floor of the newly converted ICGC-South. Lease Period: Twelve (12) year, renewable, variable rate based upon total percentage change in “Consumer Price Index, All Items, for Urban South” for years 1-3, 5-7, and renewal rate based upon years 9-11. Caps for these years shall be as listed in the schedule below. Lease begins in November 2004 and runs through October 201 6. Lease Rate Schedule: Proposal “A” (1) 11/2004-10/2005 $7.50/sf (2) 11/2005-10/2006 $7.50/sf (3) 11/2006-10/2007 $7.50/sf (4) 11/2007-10/2008 $7.50/sf then adjust rate - CPI-U-S X $7.50, with ceiling of $8.25/sf (5) 11/2008-10/2009 $8.25/sf or less (6) 11/2009-10/2010 $8.25/sf or less (7) 11/2010-10/2011 $8.25/sf or less (8) 11/2011-10/2012 $8.25/sf then adjust rate - CPI-U-S x $8.25 with max ceiling of 9.08/sf (9) 11/2012-10/2013 $9.08/sf or less (10) 1 1/2013-10/2014 $9.08/sf or less ah ft 1/2014-10/2015 $9.08/sf or less (12) 11/ 2015-10/2016 $9.08/sf then adjust rate - CPI-U-S x $9.08 with ceiling of $9.98 for renewal starting base. Proposal “B” Rather than tie increases in lease rate to the CPI, the rate would be adjusted upward a total of 2.5% per year, effective on the anniversary of the lease. For example, the lease rate for year 2008/2009 would be $8.25/sf/year, beginning in November 2008. This proposal is based in part upon historical data for the CPI indicating an average increase of 2.5% per year for the past twelve years (US Department of Labor, Bureau of Labor Statistics). Lease Conditions: 1. Security — The county will provide security for the building in the form of contract security officers. Metal detection equipment will be in use at all public entrances, and elevator access to the upper floors will be programmed and controlled, if at all possible. Building employees will have private access- controlled entrances. The proposed courtroom facility, on the first floor, will be manned by the Iredell County Sheriff's Department when in session, and there will be a sheriff's presence in the building at Station H during normal business hours of 8:00 a.m. — 5:00 p.m., Monday through Friday. The county will take every possible step to keep “courts customers” from intermingling with county and state office customers/personnel. o Parking — It is understood that NCDENR will require designated spaces for thirty (30) state vehicles, 110 employee spaces, plus some overflow and visitor parking. Spaces for State vehicles containing equipment will be in a secured, fenced area to be provided by the county. A loading dock/receiving area for secured delivery of samples and evidence will be provided as per plans. 3, Signage — The county will provide directional signage for NCDENR located in the parking area, main entrance and interior of the building. This will meet all code/zoning requirements and will be professionally done. 4. Schedule/Occupancy — The architects indicate renovation completion by November of 2004. It is understood that an occupancy deadline of November 2004 is required by NCDENR’s current lease arrangement, and that the State will execute a lease agreement with the county as soon as a design/conditions proposal is approved. The State currently can terminate its lease on North Main Street with 180 days notification to the lessor. The county and the designer will make every effort to include “green design” concepts into the upfit as long as budgetary restraints can be met and the green design does not add appreciable costs to the project. $. The lease will be drawn by the county attorney and state officials and should contain the general provisions listed above and the following (not inclusive): a. The beginning lease rate will be $7.50 per square foot, net floor space, defined as gross square footage less wall thickness area. Corridors and common space is included when a complete floor or area is leased. The State will choose either lease rate proposal “A” or “B.” b. The county is to be responsible for all maintenance and upkeep. Janitorial services may be negotiated as a part of the total building; however, these services are not included in the lease. Cc. All utilities are included in the lease amount. d. The lease amount covers a standard commercial type upfit; any special requirements specified by the state will be negotiated above and beyond the beginning lease rate of $7.50/sf. e. Junction boxes and conduit to/above the ceiling for voice/data lines will be included in the upfit as per NCDENR’s specifications and locations. Cable runs and terminations will be completed by Iredell County. f. The county agrees to provide transportation and labor in the physical move of furniture and materials to the new location. All packing and boxing of materials are to be done by NCDENR. Mr. Vernon said the State had accepted Proposal “A,” and a decision was now needed from the board of commissioners regarding the approval of the upfit/lease. The board members agreed to place the item on the consent agenda for approval. ADJOURNMENT: Chairman Johnson adjourned the briefing session at 6:45 p.m. armnovan: Aye 6,A00 3 Son fl. Ment Clerk to the\Beard IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES APRIL 15, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, April 15, 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, Planning & Code Enforcement Director Lynn Niblock, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. INVOCATION by Chairman Johnson. PLEDGE OF ALLEGIANCE ADJUSTMENTS TO THE AGENDA: MOTION by Chairman Johnson to approve the following agenda adjustment. Deletion: Request for a Discussion Regarding the North Carolina Department of Transportation’s Moving Ahead! Program (NCDOT Board Member Frank Johnson will discuss this program during his presentation.) VOTING: Ayes — 5; Nays — 0. Presentation of Appreciation Plaques to Volunteers who have Served on a County Board or Committee for Ten or More Years: Chairman Johnson presented appreciation plaques to Mrs. Fern Sexton and Mr. Fred Deaton, Jr. Mrs. Sexton was thanked and recognized for her many years of service on the Adult Care Home Community Advisory Committee (ACHCAC). Mr. Deaton, a long-time member of the Planning Board, was also thanked and recognized. (Mrs. Gertrude Ingram was unable to attend the meeting; however, she was recognized for her ACHCAC service.) APPOINTMENTS BEFORE THE BOARD Update from North Carolina Department of Transportation (DOT) Board Member Frank Johnson Regarding the Transportation Improvement Plan: DOT Board Member Johnson gave updates on the following projects. Rail from Mecklenburg County: Much discussion about powering the rail system with hydrogen. Centre Church Road & Exit 33: These are two separate projects, but same contractor will work on both. Lake Causeway Clearing: A new guard rail was installed and bushes/brush were removed to improve the lake views from I-77. General Cleanup; New contracts have been approved in an effort to keep the interstate highways and other roadways cleaner. 1-77 & Hwy. 150: The extra lane has been started to relieve the backup occurring on the interstate in the late afternoons. “Smart signalization” will be used. Brawley School Road: When the contractor completes the I-77/Hwy. 150 project, the extra-lane project from Brawley School to Oaktree Road will be started. Trying to get assistance from developers to widen Williamson Road, on both sides, and also south of Brawley School Road. Beautification at Exit 33 & 36; The Town of Mooresville is assisting with some of the costs for these interstate interchange beautification projects. 1-77 Resurfacing Project: This road was designed in the 1950s, and it uses a series of independent concrete slabs causing a noisy and bumpy ride. The resurfacing should be completed by this summer, and it should offer a quieter ride due to the usage of Novachip. 1-77 below Carowinds uses the semi- permeable Novachip pavement that allows water to sink in and drain off to the side eliminating noise and “splash off.” Also, in reference to 1-77, there is an unfunded feasibility study in the Transportation Improvement Program to widen it up to I-40. Interchange at I-77: The engineering aspect has been “let.” Two flyover bridges are planned. One will be located at the Hickory/Elkin interchange. This will be similar to the “flyover bridge” at Carowinds. Another one will be at the Winston-Salem/Charlotte interchange. These will be $100 million projects. The flyover bridges are safer. They help drivers gain enough speed to enter onto the roadway. Hwy. 901: Guardrails will be erected on Hwy. 901. Also widening will occur. 1-40 Crossroads area: The construction of a “storage lane” is occurring between I-77 and Hwy. 21. This will be an integral part of the I-77/1-40 reconstruction. The I-40 resurfacing has been completed using standard asphalt. Hwy. 115 & I-40: Development is occurring on the northeast corner, and research is being done on the signalization. Hwy. 150: The Lake Norman High School traffic backs up to the quarry. A traffic survey is being conducted and widening is being reviewed. Proposed Lake Norman Bike Trail: The DOT has designed a map trail around the lake. The trail is being proposed due to anticipation that Lake Norman will become a tourist destination. Assistance will be obtained from Duke Power, the Rural Planning Organization (RPO), and the other counties having Lake Norman property. North Carolina Moving Ahead! Program: Bond approval was given in 1989, but the money was never borrowed. With current interest rates being low, the Governor will ask the legislature for an additional $700 million for maintenance, modernization, and improvements. The money needs to be spent in two years, and it would be divided over the State’s 14 DOT Divisions. Viable projects need to be identified soon. This will have an economic impact on the State due to the 30,000 jobs (300 for every county) that will be created. (End of DOT Board Member Johnson’s Presentation) County Manager Mashburn asked if the Moving Ahead! Program would take money away from the Secondary Roads Program. F. Johnson said it could, e.g., if a road was planned for resurfacing, the DOT could eliminate the project and actually widen and resurface it. He said the Buffalo Shoals Road needed some work, and it would be a good candidate for the new program. Mr. Johnson said the DOT would be using a new machine to repair potholes. He said the machine was so advanced that one employee, with perhaps the assistance of an inmate, could fill the holes with a “hot mix” by operating levers in the truck cab, and then drive to the next repair site. (The repairs will be done at night.) Request from Big Brothers Big Sisters (BB/BS) of the Southern Piedmont Executive Director J.C. Byers for Funding in the Amount of $50,000: Mr. Byers said the BB/BS, a mentoring program, had significantly grown since it was first established in 1983. He said the goal for 2003 was to serve 275 Iredell County youth (kindergarten through the age of 19). Mr. Byers said he hoped the program would be able to work with all of the schools in the county including the alternative school (Alan D. Rutherford School site). He said BB/BS recruited “positive adult role models to interact in the lives the kids.” Mr. Byers said the Youth Enhancement Service (Y.E.S.) Program specifically worked with children referred by the school system. He said there was a need for case management, but the organization’s funding was low. Byers said financial support was being requested from the county in an effort to increase the BB/BS services at the alternative school. Commissioner Norman asked the total amount being requested. Byers said $50,000 for FY 03-04. Chairman Johnson thanked Mr. Byers for his presentation and the work being done on behalf of the youth. Mr. Johnson, along with the other board members, agreed to examine the request when the FY 03-04 budget process began. PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Consideration of the Proposed Iredell County 2003-2004 Secondary Road Construction Program Submitted by the North Carolina Department of Transportation (DOT): DOT District Engineer Clay Lunsford said 2.87 miles of subdivision roadway paving was being planned, and this would leave approximately five miles of unpaved roads in the county (state system). In reference to rural paving, he said it was sometimes difficult to acquire the right-of-ways and this delayed some projects. Lunsford said the Moving Ahead! Program should not affect the Secondary Road money. He said there was currently two batches of money -- trust fund money and secondary road construction money. Mr. Lunsford said the secondary money could be used at the discretion of the commissioners to widen, strengthen, or resurface a road. He said that as long as a county had “dirt roads,” the money would continue to be received. Commissioner Norman asked about the Old Mountain Road/Celeste Henkel School project. Lunsford said contracts would be “let” this week. He said the project wouldn’t start before school adjourned this year, but it would be completed by the fall 2003 school reopening. Commissioner Williams asked why one road (#16) was not included in the subdivision paving chart. DOT Maintenance Engineer Patrick Norman said it was because the right-of- ways could not be obtained. (The road will be placed in the “hold” category until the legalities are resolved.) Lunsford said the six counties in Division 12 (Alexander, Catawba, Cleveland, Gaston, Iredell & Lincoln) could possibly receive $50 million in the Moving Ahead! Program, and out of this, his three counties (Iredell/Catawba/Alexander) would be eligible for $25 million. Mr. Lunsford asked for the county’s input for the new program. Chairman Johnson mentioned the traffic congestion occurring on Hwy. 64 near the JayBee’s Restaurant in the evenings. Johnson said several residents had inquired about the placement of a right hand turn lane onto Greenbriar Road. Lunsford said this was the type of project, along with any schools needing turn lanes, that needed to be identified. He said a “warrant study” needed to be done on Hwy. 64/Greenbriar, and the maintenance engineer would investigate. No one else spoke, and Chairman Johnson adjourned the hearing. by Commissioner Tice to accept the FY 03-04 Secondary Road Construction Program as submitted by the North Carolina Department of Transportation. VOTING: Ayes — 5; Nays — 0. The submitted program is: Iredell County 2003-2004 Paving Priority Fiscal Year 7/1/03 to 06/30/04 Paving Priority SR# Description Length Est. Cost RURAL 2117 Kennesaw Rd. 1.82 $600,000.00 11 from hold list From SR-2115 (permit) to SR-2120) 8F 2103 Misty Road 1.08 $282,000.00 From SR-2106 to 2102) Rural Total 2.90 $882,000.00 Subdivision | Streets 14 1735 Larue Circle 0.34 12,000.00 From SR-1005 to end of maintenance 15 3009 Cottage Cove 0.12 48,000.00 From SR-3006 to dead end 17 3007 Washam Road 0.60 140,000.00 From SR-1100 to SR-1100 18 1504 Oley Road 0.30 68,000.00 From end of pavement to dead end 19 1625 Hudson Lane 0.30 66,000.00 From SR 1502 to dead end 20 1872 Grant dead end | 0.30 66,000.00 From SR 1899 to dead end 21 1127 Poplar Spring 0.30 66,000.00 From SR 1125 to dead end 22 2736 Wai!l-Dellinger 0.19 41,800.00 From SR 1338 to dead end 23 1622 Ernest Road 0.42 92,400.00 From SR 1533 to NC 115 Subdivision 2.87 680,200.00 Total Property Owner Participation P.O.P. 1940 Fairdale Road 0.32 54,000.00 From SR 1926 to dead end Grand total= 6.09 $1,616,200.00 “ontinue Down Priority List until all funds are exhausted Program subject to availability of funding, right-of-way, and environmental review N/A Various spot stabilization, secondary maintenance $ 298,952.00 Total Secondary Construction Program 1,616,200.00 Reserved for Contingencies 384,848.00 Total Allocation $2,300,000.00 Chairman Johnson declared the meeting to be in a public hearing. Consideration of a Proposed Amendment to Chapter 4, Division 4, of the Iredell County Code Regarding Unsafe Buildings/Structures: Planning & Code Enforcement Director Lynn Niblock said the proposed amendments would not change the current method of addressing unsafe buildings or structures. He said the changes basically added “broader criteria for the department to use in determining if a structure 4 was unsafe.” Niblock said the following procedure would be used after a complaint was received. A member of the planning/enforcement department will investigate. If action is needed, the owner will be notified of the necessary steps that need to be taken. If within 30 days, the corrective action has not been taken, a hearing will be scheduled. At the hearing, the owner will have the opportunity to present his/her case. Next, the planning/code enforcement director will have the option of requesting for the structure to be repaired, closed, vacated, or demolished with a stated time frame. The owner will have the right to appeal the decision to the board of commissioners for a final determination. After this, if the owner does not comply, the next step will be the court system. Commissioner Williams asked how the amendments would affect next year’s budget. Niblock said an additional inspector had already been requested. He said the staff was currently enforcing this section of the ordinance, and an additional staff person was needed to help in several areas -- not just for the proposed amendments. Commissioner Norman said he understood citizens could appeal any determinations to the board of commissioners. Niblock said this was correct. Chairman Johnson said he understood the process would be “complaint initiated.” Niblock said this was correct. Commissioner Tice said she understood that bona fide farm buildings were exempt. Niblock said this was also correct. He said the staff would not be looking at tractor sheds, barns, and true farm-use buildings. Chairman Johnson adjourned the public hearing. by Commissioner Madison to approve the amendment to C hapter 4, Division 4, pertaining to Unsafe Buildings/Structures as presented. Commissioner Williams said, “I intend to vote against the proposed Unsafe Buildings/Structures ordinance. I don’t object to the intent of the ordinance, which is to protect citizens from the negligence of their neighbors, but my objection comes from the fact that this ordinance continues to erode our personal property rights. The fact is that most of the proposed ordinance already exists in the code. We must not forget that once an ordinance is adopted it applies to every citizen of Iredell County, regardless of whether they live in a housing development near a town, or on a farm a quarter of a mile from the nearest neighbor. It applies to the old family farmhouses and to the old unused country stores. A citizen will have a right to bring a complaint against another citizen and cause him unnecessary expense, or possible condemnation and demolition of his property. Based on the fact that I believe the ordinance is already in effect, I will vote no.” Commissioner Madison said he thought the amendments would actually help to protect personal property rights. He said the changes would affect irresponsible property owners who were disregarding the rights of others. Madison said citizens could appeal any decisions to the commissioners. VOTING: Ayes — 4; Nays - 1 (Williams) Proposed changes to Chapter 4 Division 4 of the Iredell County Code as proposed by Lynn Niblock, Director of Planning & Enforcement (Underlined sections indicate added language. Words/sections to be removed are indicated by strike-threughs. ) DIVISION 4. UNSAFE BUILDINGS /STRUCTURES* The provisions of this division shall apply to all existing buildings or structures, and to all buildings/structures hereafter constructed within the County. The provisions of this article shall also apply to all abandoned, deteriorated or dilapidated, and manufactured buildings or structures which are found by the Building Code Official to be a health or safety hazard because of the attraction of insects or rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children or adults, or use by vagrants as living quarters in the absence of sanitary conditions. The intent of this division is to address burned, dilapidated, unsafe and other structures which are dangerous to the health, safety, or welfare of the occupants or other citizens only. EXCEPTIONS: Bona fide farm buildings are exempt. *Cross-references: Fire prevention and protection, Ch. 5; unsafe signs, App. A, § 145. Sec. 4-131. Construction of division. This division is in addition to, and not in substitution for, any other ordinance affecting the same subject matter. (Ord. of 10-16-72, § 4-11) State law references: Defective and unsafe buildings, G.S. § 153A-365 et seq. Sec. 4-132. Periodic inspections for hazardous or unlawful conditions. The inspection-divisien Director of Planning & Enforcement or designee shall make periodic inspections, subject to the board of commissioner’s directions, for unsafe, unsanitary, or otherwise hazardous and unlawful conditions in buildings or structures within its territorial jurisdiction. In addition, it shall make any necessary inspections when it has reason to believe that such conditions may exist in a particular building. In exercising these powers, each member of the inspection division has a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the division at any reasonable hour for the purposes of inspection or other enforcement action. State law references: Similar provisions, G.S. § 153A-364. The Building Official shall determine that a building or structure is unfit, unsafe or a health hazard if he finds that any one of the following conditions exist. nterior walls or vertical studs which seriously list, lean or buckle to such an extent as to render A)l y list, the building or structure unsafe. B) Supporting member or members, which show damage or deterioration, or non-supporting members, which show damage or deterioration to render them unsound or unsafe. C) Floors, roofs or walls that have improperly distributed loads, which are overloaded or which do not have sufficient strength to be reasonably safe for the purpose used. D) Such damage by fire, wind or other causes as to render the building or structure unsafe. E) Dilapidation, decay, unsanitary conditions or disrepair that is dangerous to the health, safety or welfare of the occupants or other people in the County. F) Inadequate facilities for egress in case of fire or panic. G) Defects, which significantly increase the hazard of fire, accident or other calamities. H) Lack of adequate ventilation, light, heating, or sanitary facilities to such an extent as to endanger the health, safety or general welfare of the occupants or other residents of the County. I) Lack of proper electrical, heating or plumbing facilities required by the building code, which constitutes a health or safety hazard. J) Lack of connection to a potable water supply and/or to an approved sewage disposal system, the lack of either one of which renders the building or structure un fit for human habitation. Sec. 4-133. Defects in buildings to be corrected. If a-county-inspeetor the Director of Planning & Enforcement or designee finds any defect in a building or structure, or finds that the building or structure has not been constructed in accordance with the applicable state and local laws and local ordinances and regulations, or finds that a building or structure because of its condition is dangerous or contains fire-hazardous conditions, he shall notify the owner or occupant of the building or structure of its defects, hazardous conditions, or failure to comply with law. The owner and the occupant shall each immediately remedy the defects, hazardous conditions, or violations of law in the property each owns. State law references: Similar provisions, G.S. § 153A-365. Sec. 4-134. Unsafe buildings condemned; notice. The county-inspeetor Director of Planning & Enforcement or designee shall condemn as unsafe each building or structure that appears to him to be especially dangerous to life because of its liability to fire, bad condition of walls, overloaded floors, defective construction, decay, unsafe wiring or heating system, inadequate means of egress, or other causes; and he shall affix a notice of the dangerous character of the building to a conspicuous place on its exterior wall. State law references: Similar provisions, G.S. § 153A-366. Sec. 4-135. Removing notice from condemned building. If a person removes a notice that a county inspector building code official has affixed to a building or structure, which states the dangerous character of the building, or structure, such person is guilty ofa misdemeanor. State law references: Similar provisions, G.S. § 153A-367. Sec. 4-136. Failure to take corrective action. (a) If the owner of a building or structure that has been condemned as unsafe pursuant to Section 4-134 fails to take prompt corrective action, the director-ofinspections Director of Planning & Enforcement or designee shall by certified or registered mail to his last known address or by personal service give him written notice that: (1) The building or structure is ina condition that appears to constitute a fire or safety hazard or to be dangerous to life, health, or other property, (2) A hearing will be held before the direetor-ofinspeetions Director of Planning & Enforcement or designee at a designated place and time, not later than ten (10) days after the date of the notice, at which time the owner is entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and (3) Following the hearing, the director-ofinspeetions Director of Planning & Enforcement or designee may issue an order to repair, close, vacate or demolish the building or structure, whichever appears appropriate. The Director of Planning & Enforcement or designee may also establish a reasonable time frame for the necessary work to commence and to be completed as required by the order of the Director of Planning & Enforcement or designee. (b) If the name or whereabouts of the owner cannot after due diligence be discovered, the notice served pursuant to this division shall be considered properly and adequately served if a copy thereof is posted on the outside of the building or structure in question at least ten (10) days before the day of the hearing and a notice of the hearing is published at least once not later than one (1) week before the hearing. State law references: Similar provisions, G.S. § 153A-368. Sec. 4-137. Hearing; order to take corrective action. If, upon a hearing held pursuant to Section 4-136, the direetor-of inspections Director of Planning & Enforcement or designee finds that the building or structure is ina condition that constitutes a fire or safety hazard or renders it dangerous to life, health or other property, he shall issue a written order, directed to the owner of the building or structure, requiring the owner to remedy the defective conditions by repairing, closing, vacating or demolishing the building or structure or taking other necessary steps, within such period, not less than sixty (60) days, as the director of inspections Director of Planning & Enforcement or designee may prescribe; provided, that where the director-ofinspeetions Director of Planning & Enforcement or designee finds that there is imminent danger to life or other property, he may order that corrective action be taken in such lesser period as may be feasible. State law references: Similar provisions, G.S. § 153A-369. Sec. 4-138. Appeal; finality of order not appealed. An owner who has received an order under Section 4-137 may appeal from the order to the board of commissioners by giving written notice of appeal to the director-ofinspections Director of Planning & Enforcement or designee and to the clerk within ten (10) days following the day the order is issued. In the absence of an appeal, the order of the director of inspections Director of Planning & Enforcement or designee is final. The board of commissioners shall hear any appeal within a reasonable time and may affirm, modify and affirm, or revoke the order. State law references: Similar provisions, G.S. § 153A-370. Sec. 4-139. Failure to comply with final order. If the owner of a building or structure fails to comply with an order issued pursuant to section 4-137 from which no appeal has been taken, or fails to comply with an order of the board of commissioners following an appeal, he is guilty of a misdemeanor. State law references: Similar provisions, G.S. § 153A-371. Sec. 4-140. Enforcement. Whenever a violation is denominated a misdemeanor under the provisions of this division, the county, either in addition to or in lieu of other remedies, may initiate any appropriate action or proceeding to prevent, restrain, correct or abate the violation or to prevent the occupancy of the building or structure involved. State law references: Similar provisions, G.S. § 153A-372. Sec. 4-141. General penal Iredell County Code + continuing violations. Penalties as prescribed in Sec I- (Ord. of 11-4-97) State law references: Violations of county ordinances generally deemed misdemeanors punishable as prescribed above, G.S. § 14-4. See also G.S. § 153A-123, prescribing alternate methods for enforcement of ordinances and authorizing the making of each day's continuing violation a separate offense; injunction, G.S. § 1-485 et seq.; liability of defendant in criminal actions, G.S. H 6-47, 6-48. Sec. 4-142. DEFINITIONS: Abandoned Buildings or Structures: Any building or structure whether designed and intended for residential, commercial, or other use, which is vacant or not in active use, regardless of purpose or reason, which is determined by the Building Official to be unfit based on the standards as set forth in this article. Building: Any structure that encloses a space used for sheltering any occupancy (including open sheds, etc.) Building Code Official: Beard-The Director of Planning & Enforcement or designee. Deteriorated/Dilapidated: Any building or structure that is unfit ors hazard, or a health huzard, and which cannot be repaired. altered or improved to comply with the building codes at a cost not in excess of fifty percent of its current value, as determined by the Building Code Official. Inspector: The Director of Planning & Enforcement or designee. Manufactured Building: Any building or structure, which is manufactured off site and then installed on a property including a Manufactured Home. Manufactured Home (Mobile Home): A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet; and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein. 8 "Manufactured home" includes any structure that meets _all of the requirements of this subsection except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of HUD and complies with the standards established under the Act. For manufactured homes built before June 15, 1976, “manufactured home" means a portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semi- permanent foundation having a measurement of over 32 feet in length and over eight feet in width. "Manufactured home" also means double-wide multi-sectional manufactured home, which is two or more portable manufactured housing units designed for transportation on their own chassis that connect on site for placement on a temporary or semi- permanent foundation having a measurement of over 32 feet in length and over eight feet in width. {G. S. 143-145(7).} Prompt corrective action: a period of thirty (30) days or less as determined by the building code official. Structure: That which is built or constructed. by Chairman Johnson to approve the following 14 consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. Request for Approval of Budget Amendment #36A which will (1) Appropriate $16,160 to Planning/Contracted Services (2) Recognize Revenue of $8,190 in Community Contributions (3) Transfer $7,970 from Economic Development/Professional Services and (4) Award the Contract for the South Iredell Small Area Plan to Woolpert LLP: (see briefing minutes) 2. Request for Approval of the March 2003 Refunds and Releases (The approved releases and refunds are as follows.) Releases and Refunds for March 2003 Releases Refunds County $ 22,600.58 $ 1,999.25 Solid Waste Fees 52.00 0 E. Alexander Co. Fire #1 60.68 0 Shepherd’s Fire #2 111.60 1,548.86 Mt. Mourne Fire #3 33.83 0 All County Fire #4 854.70 1,773.67 Statesville City 6,026.91 1,958.63 Statesville Downtown 14.27 0 Mooresville Town 5,192.61 103.48 Mooresville Downtown 11.98 0 Mooresville School 1,034.34 27.53 Love Valley 0 0 Harmony 10.33 0 Troutman 43.80 0 TOTALS $ 36,047.63 7,411.42 3. Request from the Recreation Department for Approval of a Stumpy Creek Park Irrigation Proposal: During the briefing, Recreation Director Woody discussed the irrigation for the three soccer fields and the three baseball fields at the Stumpy Creek Park. He said it was estimated that $55,000-$60,000 (including pump) would be needed. Woody said the South Iredell Soccer Association planned to donate $20,000 for the project, and the Iredell Regional Soccer League planned to give $5,000. He said the Recreation Advisory Committee had proposed that the remaining funds be derived from the Park Fund. Woody said the Park Fund could be repaid over a period of four to seven years, at $5,000 a year, from excess Stumpy Creek Boat Landing fees. The amended South Iredell Park Fund Ordinance will now be: AMENDED SOUTH IREDELL PARK FUND CAPITAL PROJECT FUND Be it Ordained by the Board of County Commissioners of Iredell County, North Carolina: Section 1. The following project will be financed by this fund: Stumpy Creek General Construction $ 748,176 Professional Services Ta,100 Irrigation System 60,000 Gallyon Memorial 22,485 Transfer to Parks Capital Reserve Fund 25,340 $931,156 Section 2. Funds for this Capital Project fund will be provided from the following sources: Parks & Recreation Trust Grant $ 250,000 Community Contributions 135,000 Contributions-Irrigation System 25,000 Memorials 22,485 Transfers from Parks Capital Reserve Fund 245,626 Transfers from General Fund 128,045 Investment Earnings __125,000 $931,156 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. The Parks Capital Reserve Fund is advancing $100,000 to the Stumpy C reek Project Fund for completion of the project. This advance is to be repaid annually by transfers from the Stumpy Creek Project Fund to the Parks Capital Reserve Fund equal to 1/4 of the total transfer from the General Fund. Section 6. Any funds remaining in the Stumpy Creek Project Fund at completion of the project will be transferred to the Parks Capital Reserve Fund and applied as a reduction to the advance. Section 7. The Parks Reserve Fund agreed to advance $35,000 to Stumpy Creek Park Project for the installation of an irrigation system (total cost $60,000). The first $5,000 collected from boat ramp user fees will be used in the General Fund for maintenance of the ramp. Collections of boat ramp user fees exceeding $5,000 will be used to repay the $35,000 advance from the Parks Reserve Fund. This Amended Ordinance being duly adopted this the 15" day of April 2003. 4. Request from the Recreation Department for Approval of the Camp Iredell Annual School Bus Lease: This lease will extend from May 27, 2003 through August 1, 2003. During the briefing, Recreation Director Woody said the staff had to “turn people away this year” due to the camp filling up in three weeks. He said the program might need to be expanded next year to accommodate more youth. 5. Request from the Recreation Department for Approval of a Fee Increase for Outdoor Educational Programs (Ropes Course & Tower Programs): At the briefing, Recreation Director Woody requested a fee increase of $5.00 per participant for the outdoor educational programs. Also, during the briefing, Woody said 90% of the individuals using these types of programs were in-county residents. 6. Request from the Sheriff's Department for Approval of Budget Amendment #37 to: (1) Transfer $2,850 from Seized Funds for the Purchase of Six Channels for the 800-mhz Project & (2) Transfer $1,356 for the Purchase of a Video Player to Replace an Older One: (See briefing minutes.) Te Request for Approval to Apply for a Year 2003 Emergency Operations Planning Grant from the Federal Emergency Management Agency & the North Carolina Division of Emergency Management Office in the Amount $34,200: Emergency Services Director Jackson said during the briefing that the purpose of this grant would be to consult with other governmental agencies in an effort to better prepare for domestic terrorism. 10 8. Request for Approval to Apply for a Winter Storm 2002 Hazard Mitigation Plan Grant (federal amount of $34,917.75 & local amount of $11,639.25) for Generators: At the briefing, Emergency Services Director Jackson said this grant would be used for: Generator Labor Harmony EMS Base $15,000 S oe Mooresville EMS Base 15,000 519 Troutman EMS Base 15,000 519 $45,000 + $1,557 = $46,557 Federal Split (75%): $34,917.75 Local Match (25%): $11,639.25 $46,557 9. Request from the Health Department for Approval to Accept a Susan G. Komen Breast Cancer Foundation Grant in the Amount of $16,543: Ray Rabe, the health director, said during the briefing that these funds would be used to pay for 50 mammogram screenings for women (age 40-50) who either had no insurance, or who were under insured, and for individuals in the Family Planning Clinic. 10. Request from the Department of Social Services for Approval of Budget Amendment #38 for the Crisis Intervention Program (CIP), the Child Day Care Program, & the Domestic Violence Program: Social Services Director Wall said during the briefing that all of the money involved in this budget >mendment was from the federal or state government. Amendment details are as follows. 10-0630-5542-01 CIP Expenditure: There is an additional $49,857 for a total of $256,624. 10-4630-4500-22 CIP Revenue: This line item should also show $256,624. 10-0630-5546-01 Child Day Care Expenditure: An additional $588,844 will be received in subsidy money. This item should show a balance of $4,541,591. 10-4630-4500-16 Child Day Care Revenue: This line item should show a balance of $4,541,591. 10-0630-5546-25 Domestic Violence Expenditure: A total of $6,609 has been allocated to the Temporary Assistance for Needy Families (TANF) Program. 10-4630-4500-25 Domestic Violence Revenue: This line item previously showed a balance of $12,825; however, the legislature made cuts. The remaining balance should be $6,609. 11. Request from the Department of Social Services for Approval to Establish a New Social Worker III Position (Adoption Specialist): Social Services Director Wall said $76,000 had been received in special adoption funds, and some of the money had been used for the second attorney’s position. He said additional adoption money was anticipated, but if it wasn’t used it reverted to the State. Wall said 23 children were adopted this year, and there were six cases pending. He said that in the past, his agency finalized about three adoptions during a year. Wall said that as the department finalized more adoptions, it became harder to reach the “baseline” to receive adoption funding and a new employee would aid in this effort. Mr. Wall said his department had the custody of 104 children with 92 in foster or group-home care while the others resided with relatives. He shared the following information for the new position. 11 Salary: $32,736 +12 months = $2,728 x 2 months (May-June) = $ 5,456 FICA (.0765) 417 401K and Retirement (10%) = 546 Health Insurance (4440 +12 = 370 x 2 months) = 740 Total for two months $ 7,159 Special Adoption Funds $ 7,159 Cost to the County 0 FY 03-04 Costs $42,954 Cost to the County: 0 12. Request for Approval of Three Reimbursement Resolutions in Conjunction with the Upcoming Certificates of Participation (COPs) Issuance for the: 1. Construction, Renovation, and/or Equipping of New Buildings at Harmony Elementary School, and Scotts Elementary School, and Construction of a new Elementary School in Southern Iredell County 2. Construction, Furnishing and Equipping of the new Mooresville Intermediate School 3. Construction, Renovation, and/or Equipping of the Mitchell Community College Advanced Technology Workforce Development Building Finance Director Blumenstein said during the briefing that the college would put its COPs construction project out for bid during the upcoming week, and the Iredell- Statesville School System project would soon follow. Blumenstein said resolutions were needed for the county to recoup its costs. She estimated the closing costs for the three units to be: Iredell-Statesville $400,000.00 Mooresville 200,000.00 Mitchell 100,000.00 (The referenced resolutions are as follows.) RESOLUTION OF THE IREDELL COUNTY BOARD OF COMMISSIONERS DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES TO BE MADE IN CONNECTION WITH THE CONSTRUCTION, RENOVATION, AND/OR EQUIPPING OF NEW BUILDINGS AT HARMONY ELEMENTARY SCHOOL, AND SCOTTS ELEMENTARY SCHOOL, AND CONSTRUCTION OF A NEW ELEMENTARY SCHOOL IN SOUTHERN IREDELL COUNTY WHEREAS, Iredell County will make expenditures on and after the date hereof with respect to expenses incurred and to be incurred (the “Expenditures”) in connection with the construction, renovation, and/or equipping of new buildings at Harmony Elementary School and Scotts Elementary School and the construction of a new elementary school in southern Iredell County (the “Projects”); and WHEREAS, the Iredell County Board of Commissioners (the “Board”) has determined that the funds advanced from the General Fund and to be advanced to pay expenditures are or will be available for a temporary period and it is necessary to reimburse the Issuer for Expenditures made on and after the date hereof with respect to the Projects from the proceeds of one or more County tax-exempt financings under Section 160A-20 of the General Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD AS FOLLOWS: Section 1. The Board hereby adopts this declaration of official intent under Treasury Regulation Section 1.150-2 and declares its intent to reimburse the Issuer with the proceeds of a tax-exempt financing for Expenditures made on and after the date hereof with respect to the Projects. Section 2. The maximum principal amount of debt expected to be issued for the expenditures of the Projects is Twenty Four Million, Four Hundred Thousand Dollars ($24,400,000). 12 Section 3. Each Expenditure was and will be either (a) of a type properly chargeable to capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the financing, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party that is not related to or an agent of the Issuer so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the County. Section 4. The County will make a reimbursement allocation, which is a written allocation by the County that evidences the County's use of proceeds of the financing to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Projects are placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. Section 5. This resolution shall take effect immediately upon its passage. Adopted this 15" day of April 2003. x** ** * RESOLUTION OF THE IREDELL COUNTY BOARD OF COMMISSIONERS DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES TO BE MADE IN CONNECTION WITH THE CONSTRUCTION, FURNISHING AND EQUIPPING OF THE NEW MOORESVILLE INTERMEDIATE SCHOOL WHEREAS, Iredell County will make expenditures on and after the date hereof with respect to expenses incurred and to de incurred (the “Expenditures”) in connection with the construction, furnishing and equipping of a building to be known as the new Mooresville Intermediate School (the “Project”); and WHEREAS, the Iredell County Board of Commissioners (the “Board”) has determined that the funds advanced from the General Fund and to be advanced to pay expenditures are or will be available for a temporary period and it is necessary to reimburse the Issuer for Expenditures made on and after the date hereof with respect to the Project from the proceeds of one or more County tax-exempt financings under Section 160A-20 of the General Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD AS FOLLOWS: Section 1. The Board hereby adopts this declaration of official intent under Treasury Regulation Section 1.150-2 and declares its intent to reimburse the Issuer with the proceeds of a tax-exempt financing for Expenditures made on and after the date hereof with respect to the Project. Section 2. The maximum principal amount of debt expected to be issued for the expenditures of the Project is Twelve Million Two Hundred Thousand Dollars ($12,200,000.00). Section 3. Each Expenditure was and will be either (a) of a type properly chargeable to capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the financing, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party that is not related to or an agent of the Issuer so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the County. Section 4. The County will make a reimbursement allocation, which is a written allocation by the County that evidences the County’s use of proceeds of the financing to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. Section 5. This resolution shall take effect immediately upon its passage. Adopted this 15" day of April 2003. *** * * RESOLUTION OF THE {REDELL COUNTY BOARD OF COMMISSIONERS DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES TO BE MADE IN CONNECTION WITH THE CONSTRUCTION, RENOVATION, 13 Re ee AND/OR EQUIPPING OF THE MITCHELL COMMUNITY COLLEGE ADVANCED TECHNOLOGY WORKFORCE DEVELOPMENT BUILDING WHEREAS, Iredell County will make expenditures on and after the date hereof with respect to expenses incurred and to be incurred (the “Expenditures”) in connection with the construction, renovation and/or equipping of a building to be known as the Mitchell Community College Advanced Technology Workforce Development Building (the “Project”); and WHEREAS, the Iredell County Board of Commissioners (the “Board”) has determined that the funds advanced from the General Fund and to be advanced to pay expenditures are or will be available for a temporary period and it is necessary to reimburse the Issuer for Expenditures made on and after the date hereof with respect to the Project from the proceeds of one or more tax-exempt County financings under Section 160A-20 of the General Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD AS FOLLOWS: Section 1. The Board hereby adopts this declaration of official intent under Treasury Regulation Section 1.150-2 and declares its intent to reimburse the Issuer with the proceeds of a tax-exempt financing for Expenditures made on and after the date hereof with respect to the Project. Section 2. The maximum principal amount of debt expected to be issued for the expenditures of the Project is One million one hundred thousand dollars ($1, 100,000.00). Section 3. Each Expenditure was and will be either (a) of a type properly chargeable to capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the financing, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party that is not related to or an agent of the Issuer so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the County. Section 4. The County will make a reimbursement allocation, which is a written allocation by the County that evidences the County’s use of proceeds of the financing to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. Section 5. This resolution shall take effect immediately upon its passage. This the 15" day of April 2003. **e* ek * * 13. Request for a Decision Regarding the Proposed Lease & Construction Up-fit for the North Carolina Department of Environment & Natural Resources at the Iredell County Government Center-South: (see briefing minutes) 14, Request for Approval of the April 1, 2003 Minutes amvenene END OF CONSENT AGENDA-----=-------022-07--0----77 Request for Consideration and/or a Decision Regarding a Joint Project with the City of Statesville Pertaining to a Proposed Parking Lot (Front & Meeting Streets): Director of Support Services Vernon said the proposed parking project would serve county employees, the general public, and the users of the Statesville Civic Center. He estimated that 109 parking spaces might be obtained by the $307,247 city/county project. Vernon shared the following cost estimates. 1. Demolition (no disposal fees) Motel at 109 South Meeting Street & Recreation building $ 10,000 Vance building at 122 West Front Street 9,350 Vance swimming pool area (demolish store fronts & asbestos removal) 53,200 2. Grading/Backfill 20,575 3. Stone 21,400 4. Curb/Cutter ($17/LF) 21,425 id 5. Paving ($43/Ton) 23,995 6. Storm Drains 10,100 7. Retaining Walls ($64,000 if wall at deck is structurally sound) 90,100 8. Landscaping 7,600 9. Concrete stops 3,270 10. Lighting 3,000 11. Striping 800 12. Erosion Control 500 13. Surveyor 2,000 14. Structural engineer (wall assessment) 2,000 $279,315 10% Contingency _27,932 Estimated Cost $307,247* * Amount could be reduced by $64,800 if the retaining wall at the Vance Hotel is found to be structurally sound. The total amount, however, does not include the purchase costs for the Downtown Motel property. Vernon said the actual cost of the project would probably be $400,000 to $500,000. He said the site would have one-way in and one-way out unless the alleyway was modified. He said that presently, the government center had 100 parking spaces, and the project would add approximately 109 more. Chairman Johnson said he would like to have some guarantee that the county would be able to use the site for parking. County Manager Mashburn said the joint agreement could stipulate the hours of usage. MOTION by Commissioner Madison to proceed with the proposed parking project with the City of Statesville. Commissioner Williams said he didn’t feel it was necessary to “rush into this project this year, especially in light of the other needs of the county.” Commissioner Norman said he understood that an interlocal agreement would be prepared prior to the actual approval of any funds for the project, and that the direction to proceed was basically to allow the staff to do further study. Chairman Johnson asked when the status of the retaining wall would be known. Vernon said some money would need to be authorized for a structural engineer to evaluate the wall. Mashburn asked if the board members were willing to obtain an engineer’s services and split the costs with the city. Vernon said it might cost $2,000 ($1,000/county & $1 ,000/city). The board members felt it was too early in the process to hire a structural engineer. VOTING: Ayes — 5; Nays — 0. (Note: The motion will only allow the staff to proceed with further discussion with the City of Statesville concerning the feasibility of the project -- no commitment of funds.) Request for Approval of Revised Interlocal Agreements Pertaining to North Carolina Association of County Commissioners (NCACC) Risk Management Pools for 15 Group Benefits, Liability & Property, and Worker’s Compensation: Finance Director Blumenstein said the NCACC had provided new resolutions for the three risk management pools. She said the main purpose of the pools was for the counties “to combine their retention of risks and to group purchase coverage.” Blumenstein said the pools had a board of trustees that (1) safeguarded the assets (2) insured that claims were adjudicated promptly and (3) established terms and conditions of coverage. She stressed that the documents were not insurance renewals, and they merely allowed the county to be a member of the pools. by Commissioner Madison to approve the NCACC Risk Management Pool resolutions as presented by Mrs. Blumenstein. VOTING: Ayes — 5; Nays — 0. § RESOLUTION TO ADOPT THE INTERLOCAL AGREEMENT AND TO JOIN THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS JOINT RISK MANAGMENT AGENCY WORKER’S COMPENSATION FUND WHEREAS, Iredell County is required to provide payment of worker’s compensation claims to employees; and WHEREAS, the North Carolina Worker’s Compensation Joint Risk Management Agency d/b/a NCACC Worker’s Compensation Pool, hereafter call the Pool, has been established pursuant to G.S. 153A-45 (A) (1) and G.S. 160-A-460 through 160A-464; and WHEREAS, it is desirable for Iredell County to join the Pool to provide a method of risk sharing and/or group purchase of coverage. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Iredell County hereby adopts the interlocal agreement entitled “Interlocal Agreement for a Group Self-Insurance Fund for Worker’s Compensation Risk Sharing or Group Purchase of Coverage” and thereby joins and agrees to participate in the NCACC Worker’s Compensation Pool which has been formed to create a group fund to pay and service the worker’s compensation claims of the employees of the counties and other local agencies joining the Pool. BE IT FURTHER RESOLVED that Iredell County is authorized to execute the application to join the NCACC Worker’s Compensation Pool. ** eee Note: Similar resolutions were adopted for liability/property and health/dental/life/disability pools. Request for Approval of the Regional Planning Alliance Membership Pact Resolution Submitted by the Centralina Council of Governments: Chairman Johnson said this request was postponed from the April 1 meeting. Commissioner Madison said it was his understanding that no funds were being committed by adopting the resolution or becoming a member of the alliance. County Manager Mashburn said that by passing the resolution, the board members were not committing any funds other than the normal travel expenses associated for a county representative to attend the alliance meetings. by Commissioner Williams to approve the resolution to become a member of the Regional Planning Alliance Membership Pact. [Amendment to the Motion] by Commissioner Norman to stipulate that the alliance membership would not cost the county any money except for the travel costs associated with attendance at the meetings. Commissioner Williams accepted the amendment. VOTING: Ayes — 5; Nays — 0. The adopted resolution is as follows. 16 Regional Planning Alliance Membership Pact Whereas, Centralina Council of Governments is a unit of local government or a regional organization committed to preserving and enhancing quality of life as a critical element of growth and prosperity in the Charlotte region; and Whereas, the Regional Planning Alliance serves the multi-county, two- state region centered around Charlotte with a focus on land use, transportation, open space and integrated environmental planning needed to preserve and enhance quality of life as the region continues to grow; and Whereas, the purpose of the Regional Planning Alliance is to promote coordinated, integrated regional planning for a sustainable economy and desirable quality of life in the Charlotte region through information exchange and policy coordination across both local jurisdictional and sectoral boundaries; and Whereas, the Regional Planning Alliance is not a regional authority but is a voluntary leadership alliance consisting of local government elected officials, managers and planners, and representatives from regional business and civic organizations; and Whereas, the Regional Planning Alliance will not duplicate other regional initiatives and will seek first to utilize collaboration among its member organizations and leveraging of their efforts and programs before creating new programs or efforts. Therefore, Iredell County agrees to be a member in the Regional Planning Alliance (RPA), and as a member of the RPA, agrees to: 1. Participate fully in RPA meetings, projects and other activities, by identifying representatives from the leadership of our organization who will: a. Attend and participate in RPA activities on its behalf, and, 2. Share information and other resources with the RPA, including: a. Information about our organization’s plans, projects, and activities that impact or relate to the RPA’s purposes and goals, or that may benefit from coordination with plans, projects, and activities of other RPA members; b. Information about statistical, mapping, or other data that our organization collects or maintains that may impact or relate to the RPA’s purposes and goals; and, c. Copies of such data that our organization collects or maintains that may be needed for RPA purposes or projects. Agreed to this 15" day of April 2003. APPOINTMENTS TO BOARDS & COMMISSIONS Nursing Home Advisory Committee (2 appointments): No nominations were submitted, and Commissioner Madison to postpone these appointments until the May 6 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (5 appointments): No nominations were submitted, and Chairman Johnson Imoved to postpone these appointments until the May 6 meeting. VOTING: Ayes — 5; Nays — 0. 17 COUNTY MANAGER’S REPORT: County Manager Mashburn distributed a written activity report. ATM Kiosk at Hall of Justice: The State Employee’s Credit Union (SECU) has expressed an interest in placing an ATM machine at the Hall of Justice (exterior area facing Water Street). The county will be asked to provide the space, two parking spaces designated for ATM use only or a drive-through lane, along with a site plan that will be needed to secure the SECU board approval and the utility hookups. ADJOURNMENT: by Commissioner Johnson to continue the meeting until Tuesday, May 6, 2003, for the purpose of holding a joint meeting with the social services board at the Agricultural Resource Center, 444 Bristol Drive, Statesville, NC in Conference Rooms 1 & 2. At the joint meeting, architectural firms will give presentations regarding the new social services building. Immediately following the meeting, the May 6 agenda briefing will be held. The board members will travel to the regular meeting site (government center) for the 7:00 p.m. meeting. VOTING: Ayes — 5; Nays — 0. Approved: Ly b, A003 (fa C. nim Clerk to the Beard 18 IREDELL COUNTY BOARD OF COMMISSIONERS MAY 6, 2003 MINUTES REGARDING PRESENTATIONS FOR A NEW SOCIAL SERVICES BUILDING & THE AGENDA BRIEFING The Iredell County Board of Commissioners met at 4:00 p.m., Tuesday, May 6, 2003, in the Agricultural Resource Center, 444 Bristol Drive, Statesville, N.C., to hear architectural presentations regarding the new social services building. Immediately following the presentations, the May 6 agenda briefing was held. Commissioners in Attendance Chairman Steve D. Johnson Vice Chairman Godfrey Williams Doug Madison Marvin Norman Sara Haire Tice Social Services Board Members in Attendance Chairman Mac Lackey Vice Chairman Bobbie Edmisten Hazel Harrington William Jones William Summers Staff present for the 4:00 p.m. segment were: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Social Services Director Don Wall, Social Work Program Administrator Lisa York, Support Services Director Jim Vernon, and Clerk to the Board Jean Moore. Media in attendance: Michelle Harrison, Statesville Record & Landmark Michael Roessler, Mooresville Tribune Kathryn Wellin, Charlotte Observer/Iredell Neighbors Call to Order by Chairman Johnson. County Manager Joel Mashburn said the purpose of the joint board meeting was to allow architectural firms to share information regarding the design work for the new social services building. He said after the presentations, a tour would be scheduled to visit at least one building designed by the three firms. OvercasheDemmitt Presentation: Providing information about this firm were Stephen Overcash (Principal) and Dan McDonald (Senior Project Manager). Overcash said the firm was established in 1984, and it had 25 employees. He briefly described the following projects designed by the firm. Human Services Center, Monroe, N.C. Indoor Recreation Center, Boone, N.C. Human Services Center, Kannapolis, N.C. County Services Campus, Concord, N.C. Renovations to Piedmont Behavioral Healthcare, Albemarle, N.C. Mr. Overcash estimated the cost for Iredell’s facility to be $80 to $85 per sq. ft. (one-story facility). He mentioned that in 2001, OvercasheDemmitt completed a social services space needs study that included one-year and five-year projections. Overcash said flexibility, expandability and security were important to consider when designing social services buildings. He said his firm, if chosen for the project, would offer (1) creativity (2) principal involvement and (3) focus. Suggestions offered by the representatives for the new structure were: 1. The usage of natural light (windows, skylights, sidelights). 2. Interior usage of light colors. 3. Interior usage of clear client/employee circulation patterns. ADW Architectural Presentation: Representing this firm were: Jimmy Powell (Partner), John Kappers (Construction Administrator), Richard Atkinson (Partner), and Tom Carlson-Reddig (Design Director). Powell said ADW was established in 1977, and it currently had 40 employees. He said the firm’s team always made goals at the beginning of each project, and they continually monitored them. He said the project’s cost and the time schedule were the two most important items when constructing a new building. Carlson-Reddig shared three proposed building sketches for the Eastside Drive site. He said the company would maximize the usage of the land to allow for another building in the future along with parking. He said the structure would need many windows, and there would be a need for private offices due to confidentiality concerns. The following ADW projects were mentioned by the representatives. Health Department, Justice Center, and Rowan Behavioral Healthcare, in Salisbury, N.C. Crossroads Behavioral Healthcare, Elkin, N.C. Mount Airy Police Department, Mount Airy, N.C. Mooresville Fire Department, Mooresville, N.C. Martin Boal Anthony & Johnson (MBAJ) Architectural Presentation: Rob Johnson (Principal), Larry Schaeffer (Principal) and Grace Wallace (Project Captain) presented information about MBAJ. They described the different phases that would be involved in the construction of a new social services facility, and they said a study would be done on the re-usage of the current building. The representatives shared a site analysis of the proposed location (Eastside Drive) for the new building. They said MBAJ could provide computer modeling and virtual tours of the new facility. The MBAJ representatives then discussed the following projects. Surry County DSS Facility, Dobson, N.C. Iredell County Government Center-South, Mooresville, N.C. State DSS Facility, Ft. Pierce, Florida (Schaeffer/Project Architect) Schaeffer, a resident of Iredell County, said his close proximity to the Eastside Drive site would enable him to closely monitor the new building’s construction. **k KK * Chairman Johnson asked Social Services Director Wall to advise of any “pitfalls” that might occur in the design of the new building. The group chose Thursday, May 22, 2003, as a date to tour some of structures described by the firms. (The members of the Social Services Board were thanked for the attending the meeting, and they departed at 5:20 p.m.) MAY 6, 2003 AGENDA BRIEFING Agricultural Resource Center 444 Bristol Drive, Statesville, NC 28677 5:25 P.M. (all commissioners present for the briefing) Staff present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Planning & Code Enforcement Director Lynn Niblock, Planning Supervisor Ron Smith, County Assessor Bill Doolittle, Emergency Services Director Tracy Jackson, Support Services Director Jim Vernon, and Clerk to the Board Jean Moore. Request for a Re-review of the Proposals Submitted for the South Iredell Small Area Plan: Planning Supervisor Ron Smith said that after the April 15 commissioners’ meeting, he was contacted by an official with Woolpert LLP and told the company could not provide the South Iredell Small Area Plan. Smith said the company felt it had underestimated the project’s full cost. Mr. Smith said his recommendation, now, would be to contract with Benchmark Consulting at a cost of $16,500. He said $15,000 had been budgeted, but at the April 15 meeting a budget amendment was approved to cover the balance. Smith said the Economic Impact Study was still needed, and he was trying to locate a company to provide it. Request for Approval of a Reduction in Retainage Fees (10% to 5%) for the Contractor in the Iredell County Government Center-South Project (ICGC-S): Support Services Director Vernon said Monteith Construction Company was requesting a reduction in the retainage for the ICGC-S project. He said this option was available under the contract, and the architectural firm had recommended the reduction. Vernon said Monteith had been excellent to work with, and he had no problems with the reduction. He said Monteith had tried to keep the cost over runs and change orders as low as possible. Vernon said the project was about 70% finished. Commissioner Madison asked the incentive for the county to approve the request. Vernon said it would continue to keep the cost over runs down, and it would be a goodwill gesture. Madison asked about any risks in approving the reduction. Vernon said he didn’t know of any. Request from the County Assessor to Transfer $27,000 from Salaries/Wages (Regular) to Contracted Services and Salaries/Wages (Part-time): County Assessor Doolittle said there was a backlog of work (new construction, property splits, appeals) that needed to be accomplished this year. He said adequate funds were in the budget to hire an appraisal company to assist with the work, and he recommended this action. The line items and amounts involved in the budget transfer were: TRANSFER FROM: TRANSFER TO: 5100-02-4351 Salaries/Wages Regular $22,000 5375-08-4351 Contracted Services $22,000 5100-02-4351 Salaries/Wages Regular 5,000 5100-03-4351 Salaries & Wages/Part-time 5,000 Emergency Communication Equipment Grants: Chairman Johnson said he recently attended a Communications Task Force Meeting where grant money for equipment was discussed. He said the money was only available to fire departments, and the Mooresville Fire Chief had applied for funds. (The funds would be used for Mooresville’s six channels/800 mhz project). Johnson said Statesville Fire Chief Richard Campbell had been approached about being the lead agency for the county, if these types of funds were available in the future. Adjournment: Chairman Johnson adjourned the briefing session at 6:15 p.m. APPROVED: Arup Lt, 2005 at: cree Clerk to the Board 3 IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES MAY 6, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, May 6, 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, Planning & Code Enforcement Director Lynn Niblock, Planning Supervisor Ron Smith, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. INVOCATION by Vice Chairman Williams. PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: |MOTION | by Chairman Johnson to revise the agenda by the following actions. Additions: ¢ Presentation by Attorney John Fuller Regarding a Cemetery Abandonment Request and the Disinterment/Re-interment of Human Remains (Property to be purchased by the Iredell-Statesville School System for the construction of a new K-8 Educational Facility) ¢ Request from the Tax Administrator to Transfer $27,000 from Salaries/Wages (Regular) to Contracted Services and Salaries/Wages (Part-time) Deletions: ¢ Request for Approval of a Communications Tower Lease Agreement with the Harmony Volunteer Fire Department (Olin Station) VOTING: Ayes — 5; Nays — 0. APPOINTMENTS BEFORE THE BOARD Presentation of the FY 2003-04 Home and Community Care Block Grant Funding Plan by Anna Rice, the Executive Director for the Council on Aging: Mrs. Rice said there were nearly 24,000 county citizens who were 60 years of age or over. She said 12,200 out of the 24,000 were 70 years of age and above, and the frail elderly (85 years of age and above) were the fastest growing group in the county. Rice said 70% of the clients receiving services, as of June 30, 2002, were 75 years of age or older. She said 25% of these were 85 and older. Mrs. Rice said the Home and Community Care Block Grant Committee was instructed to use the FY 2003 initial allocation of $616,951 in preparing for the upcoming year. Chairman Johnson thanked Mrs. Rice for the work being done on behalf of the county’s senior citizens and their families. MOTION by Commissioner Madison to approve the FY 2003-04 Home and Community Care Block Grant funding plan as presented by Mrs. Rice. VOTING: Ayes — 5; Nays — 0. A copy of the county funding plan (DOA-731) is as follows. Home & Community Care Block Grant for Older Adults County Funding Plan County Services Summary July 1, 2003 — June 30, 2004 Services Access | In- Other | Total | Required | Net USDA | Total Projected | Projected Projected | Projected home Local Service | Subsidy | Funding | HCCBG | Reimbursement | HCCBG | Total Match Cost Units Rate Clients Units Transportation | 107858 11984 119842 | 0 119842 | 15873 7.5499 300 18061 a Day 51977 5775 $7152) 9 57752 1712 33.7426 18 1756 are In-Home | 92004 10223 102227 | 0 102227 4646 22.0053 85 5100 In-Home II 124026 13781 137807 | 0 137807 5619 24.5270 40 6169 Congregate 119856 13317 133173 | 13891 147064 | 21270 6.2612 225 23249 Home 105926 11770 117696 | 13892 131588 | 18354 6.4127 150 23249 Delivered Supplemental 180 20 200 582 782 191 1.0450 5 399 Sr. Ctr. 15125 1681 16806 16806 N/A N/A 0 N/A Operations 107858 | 268007 | 241087 | 616952 | 68551 685503 | 28365 | 713868 | 67665 MAM 823 77983 Presentation by Attorney John Fuller Regarding a Cemetery Abandonment Request and the Disinterment/Re-interment of Human Remains (property to be purchased by the Iredell-Statesville School System for the construction of a new K-8 Educational Facility): Attorney John Fuller said he represented the Joseph Davidson heirs who owned 104 acres of land. Fuller said the Iredell-Statesville Board of Education had entered into a land sale contract for the property, but during the due diligence phase, three unmarked gravesites were found. He said the property had been in the Davidson family since before the Revolutionary War, and the identity of the individuals buried on the land was unknown. Mr. Fuller asked for the board’s permission to disinter the remains, and to re-inter them in an Iredell County cemetery. County Manager Mashburn said that in the past, the health director had been appointed to oversee the disinterments/re-interments. He said it was unclear; however, if the commissioners had authorized the health director to supervise the activities on a permanent basis. Mashburn clarified that the county’s only responsibility in the matter was to oversee the process, and it would not be financially responsible for the disinterments/re-interments. by Commissioner Norman to allow the disinterment and re-interment of the human remains and to appoint the Iredell County Health Director to supervise the activities in this request and in future requests. VOTING: Ayes — 5; Nays -— 0. (Note: The health director will have the authority to appoint a designee to act on his/her behalf to fulfill these responsibilities.) PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. CASE NO. 0304-1: Luther E. Campbell Requests that a Portion of Property be Rezoned from Highway Business to Residential Agricultural (Location: Mullis Road, adjacent to I-77, Harmony, N.C., PIN# 4863-24-4407) : Planning Supervisor Smith said Mr. Campbell desired to rezone 7.19 acres of a 14.70 acre tract. He said the existing land use was vacant and the surrounding uses were vacant and residential. Smith mentioned that in 1983, the property was rezoned from Residential Agricultural to Highway Business. He said a 150’ wide strip of property extending parallel with I-77 for a billboard would continue to have the Highway Business zoning. Smith said that on April 2, 2003, the Iredell County Planning Board unanimously voted in favor of the request. Mr. Luther Campbell said that due to health reasons, his granddaughter and her husband had been assisting him. He said that if the rezoning were approved, the couple would move to the property. No one else desired to speak, and Chairman Johnson adjourned the hearing. MOTION | by Commissioner Williams to rezone the 7.19 acres involved in Case No. 0304-1 (Luther Campbell) from Highway Business to Residential Agricultural District. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. CASE NO. 0304-2: Friendship Holding Corporation Requests an Amendment to the Iredell County Land Use Plan and to Rezone a Portion of Property from Residential Agricultural to Highway Business (Location: Lentz Road, behind 1025 Tomlin Mill Road, in Statesville, N.C., PIN# 4749-93-2446): Planning Supervisor Smith said this request involved 1.3 acres out of a 4.578 parcel of land. He said the existing land use was vacant and the surrounding land uses were commercial, vacant, and residential. Smith said the property owner, Friendship Holding Company, desired to rezone the area behind an existing gas station. He said the new zoning would allow for better traffic circulation and to provide additional parking in the rear. Smith said that due to the tract being adjacent to Highway Business property, and near General Business property, the staff recommended approval. He said that on April 2, 2003, the Planning Board unanimously voted to approve the request. Commissioner Williams said he noticed that grading had occurred directly across from the Citco Station for a new business. He asked if the road would have to meet the same criteria that other roadways fell under (widening). Smith said that in reference to a turning lane, this would probably be addressed through the driveway permit with the North Carolina Department of Transportation (DOT). Mr. Williams said he thought the area might become congested. He asked Mr. Smith to check on the situation with the DOT. Karen Shultz said she was the sole proprietor of Tomlin’s One Stop/Citco and a stockholder in Friendship Holding Corporation. Shultz said she owned the convenience store, and the corporation owned the land. She said there was a need for off-road diesel in the community, and there were plans to install a tank at the Citco Station. Shultz said the purpose for the rezoning was to allow better traffic circulation, i.e., a proposed driveway in the rear of the store to allow customers to exit using the side road. No one else desired to speak, and Chairman Johnson adjourned the hearing. by Commissioner Madison to amend the Iredell County Land Use Plan to include both of the tracts (one involved in the request and the property where the Citco Station is situated) within the node. VOTING: Ayes — 5; Nays — 0. by Commissioner Tice to rezone the portion of property involved in Case No. 0304-2 (Friendship Holding Company) from Residential Agricultural Zoning District to Highway Business. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. CASE NO. 0304-3: Frank Lackey & Mary Rhyne Bustle, Executors of the Carl Lackey Estate, Request that a Portion of Property be Rezoned from Residential Agricultural to General Business (Location: Watermelon Road, near the intersection of Stamey Farm Road, in Statesville, N.C. , PIN# 4714-26-6409): Planning Supervisor Smith said Frank Lackey and Mary Rhyne Bustle desired to rezone 7 acres out of a 355.8 acre tract of land for the purpose of developing it into a truck service and repair center. Smith said the 3 property was vacant at the present, and the surrounding uses were vacant and commercial. He said the property was adjacent General Business zoned property and it was shown in the Iredell County Land Use Plan as being in a commercial node. He said the staff recommended approval, and on April 2, 2003, the planning board unanimously voted in favor of the request. Jan Woodside, representing the property owners, offered to answer any questions. No one else desired to speak, and Chairman Johnson adjourned the hearing. by Commissioner Madison to grant the rezoning request of Case No. 0304-3 (Lackey & Bustle) from Residential Agricultural to General Business Zoning District. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Proposed U.S. Highway 70 East Corridor Study (Update to the Iredell County Land Use Plan): Smith said this type of plan was one of the recommendations from the Balanced Growth Committee. He said several months ago, the board of commissioners agreed to designate industrial areas in the county to aid the tax base and to provide employment opportunities. Smith said the industrial designation priority, along with the planned Department of Transportation (DOT) realignment, were some of the reasons behind the Hwy. 70 study. He said the roadway was a major connector between Statesville and Salisbury, and the Norfolk- Southern Railway had a track that ran parallel to it. Smith said the proposed DOT improvements consisted of five lanes, with the portion in Iredell County costing $29 million. Topics included in the study and summarized by Smith were: Factors and Issues Influencing the Future Land Use Plan for the Corridor ° The railroad line that parallels the north side of the existing US 70 alignment. The widening of the existing US 70 and alignment adjoining the Beaver Farms Development. The relocation of US 70 on a new, approximately four mile long alignment to the south. The bisecting of the Statesville Business Park by the new alignment. The location of the six significant concentrated residential areas. Land Use Plan (Major Land Use Categories) Residential Residential-Agricultural Consumer Commercial Industrial and Future Industrial Proposed Planned Unit Development (PUD) Transitional Area The study contained the following “principles” that were recommended to be observed in the implementation of the future land use plan. be Future rezonings to commercial or industrial to “fill in”or create the proposed new zoning districts should take into consideration the boundary relationships with land that is designated or used for residential or institutional purposes. Conditional use zoning may be indicated in order to ensure proper boundary relationships between commercial-industrial developments and adjoining residential or institutional uses. 2. Site plan review should concentrate on controlling the number and spacing of “curb cuts,” the need for acceleration-deceleration lanes, and the relationship of those elements with existing and proposed street intersections and median breaks, particularly on the relocated US 70 East. In addition, site plan review should ensure proper boundary relationships between unlike uses. 3. For both areas designated for shopping, the rezoning and site plan review process should not only focus on 1 and 2 above, but also require, in so far as possible, that the areas be developed as a unit with planned and shared ingress, egress and parking and coordinated architectural design and signage. 4. In order to prevent through traffic on the new US 70 from using Bell Farm Road as a “short- cut” to access I-40, the design of traffic circulation of any future shopping center at the convergence of the old US 70 and new US 70 should be such that a direct new US 70 — Bell Farm Road connection is prevented. 4 3. The former Wayside School building may be sold for a use not permitted in the RA district. It is important that if rezoning is required for the future use of this site that the rezoning be in the conditional use format in order to ensure compatibility with the surrounding residential area. 6. The US 70 and Shiloh-Fanjoy Road intersection is developed for commercial-industrial uses except for the southeast corner. It is proposed that the southeast corner be considered for a conditional use rezoning for a use with conditions that will be compatible with the adjoining residential uses and prevent the extension of commercial-industrial zoning along US 70 to the east or Shiloh Road to the south. a The area shown as “Future Industrial Expansion” should only be used in case of a project that requires more land than can be obtained in the “Principal Industrial Area” or when the principal area is essentially developed. 8. Much of the area designated as Transitional Area was shown in the 1997 Land Use Plan as industrial. In 2000, the Plan was amended and a significant portion containing approximately 267 acres was rezoned from Residential Agricultural to Planned Unit Development (PUD) and a schematic site plan allowing approximately 801 dwelling units with additional shopping and public space was approved. The schematic plan provided for access to both Bell Farm Road and John Long Farm Road. The area designated as Transitional Area is characterized by large relatively level parcels that lie adjacent to or near the railroad and within the vicinity of the City of Statesville Wastewater Treatment Plant. City of Statesville water and sewer service and access to Bell Farm Road can be made available. The area is therefore suitable for not only existing PUD designation but also for commercial-industrial designations. Railroad side-track access is also possible. Vehicular access to the area, however, particularly to the core of the area from old US 70 across the railroad by way of John Long Farm Road, is significantly limiting as previously described. The following recommendations are made in regard to the area designated as Transitional Area: a. This area can be considered for alternate land uses; however, any proposal for change should be accompanied by an overall land use plan for the area showing how the proposal can be compatible with the remaining parts of the area. b. A major focus of any proposal for change must be accompanied by a proposal to improve access to the area that can realistically be accomplished. The more significant the proposal, the more significant the access solution should be. c. The approximately 267 acres zoned to permit the Planned Unit Development north of the railroad at John Long Farm Road has submitted a schematic site plan that shows entrance points at both Bell Farm Road, by way of a proposed new collector road, and at old US 70 by way of John Long Farm Road. The entrance point at John Long Farm Road features a significant “hum” at the railroad grade and can only “stack” about one car waiting to enter old US 70. Most of the dwelling units proposed for the development are closer to the John Long Farm Road entrance than the Bell Farm Road entrance. The schematic site plan provides for limited additional road connectivity. In reviewing future site plans for this development, it will be important that the Bell Farm Road entrance be constructed as a prerequisite to the permitting of any development in this project. In addition, proposals for improving access and safety at the old US 70 — John Long Farm Road entrance should be solicited from the developer. Harry Tsumas said he owned the section that was currently zoned for Planned Unit Development. He said the property was on the market as both residential (PUD) and industrial. Tsumas said, “It will be our intention, if we develop the property of 270 acres, to put a roadway in that will access from the above-grade crossing off Bell Road.” No one else desired to speak, and Chairman Johnson adjourned the hearing. MOTION | by Commissioner Tice to approve the US 70 East Corridor Future Land Use Report as an update to the Iredell County Land Use Plan. VOTING: Ayes — 5; Nays — 0. CONSENT AGENDA by Chairman Johnson to approve the following 12 consent agenda items. VOTING: Ayes — 5; Nays — 0. i. Request for a Re-review of the Proposals Submitted for the South Iredell Small Area Plan: Woolpert LLP has withdrawn its proposal for this plan. The contract will now be awarded to Benchmark Consulting in the amount of $16,500. (For additional information, see the May 6 briefing minutes and the April 15, 2003 briefing minutes.) 2. Request for the Appointment of a Chairman for the Local Emergency Planning Committee: Emergency Services Director Tracy Jackson was appointed as the Chairman for the Local Emergency Planning Committee. se Request for Approval to Apply for a Fiscal Year 2003 Emergency Management Performance Grant: During the briefing, Emergency Services Director Tracy Jackson asked permission to apply for a $15,000 (formula based/amount could vary) grant from the Federal Emergency Management Association and the North Carolina Division of Emergency Management. Jackson said the funds had been used in previous years to offset the salary costs of the Program Assistant IV. 4. Request for Approval of a Reduction in Retainage Fees (10% to 5%) for the Contractor Involved in the Iredell County Government Center-South Project (see briefing minutes) S. Request for Approval of a Three Year Banking Service Contract with First Citizens Bank: At the briefing, Finance Director Blumenstein said a request for proposals had been sent to seven banks for banking services bids, and five declined to bid. Mrs. Blumenstein said First Citizens had provided the service for the past ten years, and she recommended for the contract to remain with this banking facility. A summary of the bids is as follows. Bank Declined to Bid | Compensating Fee **Comp Balance + Lockbox Balance Basis Charges BB&T v Bank of America $3,800,000 $84,968.64 Lockbox included in Comp Bal Citizens South Vv First Citizens Bank $1,500,000 $67,779.48 $45,961 Piedmont Bank Vv RBC Centura V Wachovia/First Union v **Total cost of services calculation: Compensating balance x 1.10%+ 29,462 lockbox per item charge 6. Request for Approval of Budget Amendment #39 for the Recognition of Jail Commissary Sales in Excess of Revenue budgeted and to Appropriate for Additional Commissary Purchases: Finance Director Blumenstein said during the briefing that this budget amendment would recognize commissary sales in excess of revenue budgeted and appropriate for additional commissary purchases. The specific line item amounts are: Existing Change Amended 104520 482200 Commissary Sales (78,375) (17,000) (95,375) 100520 530100 Commissary Supplies 78,538 17,000 95,538 7. Request from the Town of Mooresville for the Waiver of Demolition Tipping Fees Estimated to be $6,000 in Conjunction with the Mooresville Library Expansion Project: This request was from Mooresville Mayor Al Jones, and it pertains to the demolishment of four houses in conjunction with the enlargement of the Town’s library. Mayor Jones’ letter estimated the tipping fees associated with the landfill disposal would be approximately $6,000. 8. Request for Approval of a Dee County in/and/around the Present an d to Combine the Parcels of Land Owned by the d Proposed Library: During the briefing, Support Services Director Vernon said it would be helpful to have one deed for the county-owned properties in the library area. He said the deed would “clean up” buffer requirements. 9. Request for Permission to Allow the County to be the Pass-Through for a $240,000 Grant to EnergyUnited for the West Far County Manager Mashburn said during the brie grant EnergyUnited was using for the water tank project had to be passed through a non a governmental unit as a loan. Mashburn said the $240,000 could be passed through the Greater Statesville Development Corporation. H m/Millard Refrigerated Water Tank Project: fing it was recently learned that the $240,000 -profit or county attorney was trying to find out if the e said that if this were allowable, the county would not have to be used. He stressed that if the county had to be involved, it would strictly be on a conduit basis. Mashburn said a formal agreement would be written stating the property owners would be liable for the loan, and the proceeds from the sale of the property would be used to pay back the $240,000. 10. | Request for Approval of a Proposed FY 2003-04 Budget Workshop Calendar: The following dates were approved to review the budget. DATE TIME LOCATION DEPARTMENTS TO BE REVIEWED Thursday, May 22, 2003 6:00 p.m. South Wing Conference Room | Budget Overview - Schools Tuesday, May 27, 2003 6:00 p.m. South Wing Conference Room DSS/Heaith/Emergency Services (Not fire departments) Thursday, June 5, 2003 6:00 p.m. South Wing Conference Room | Fire department & other depts. Tuesday, June 10, 2003 6:00 p.m. South Wing Conference Room | Complete review of other depts. Thursday, June 12, 2003 6:00 p.m. South Wing Conference Room | Complete review (if needed) Presentation of the budget at the Regular Meeting of May 20 Public Hearing will be called for Regular Meeting of June 3 Budget Adoption & Scheduling of tax rate is scheduled for Regular Meeting of June 17 11. | Request for Approval of the April 15, 2003 Minutes 12. Request from the County Assessor to Transfer $27,000 from Salaries/Wages (Regular) to Contracted Services and Salaries/Wages (Part-time): (see briefing minutes) ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Industrial Facilities & Pollution Control Financing Authority (2 announcements) Hazardous Waste & Low Level Radioactive Waste Management Board (1 announcement) Troutman Planning Board (ETJ) (2 announcements) Adult Care Home Community Advisory Committee (3 announcements) APPOINTMENTS TO BOARDS & COMMISSIONS Nursing Home Advisory Committee (2 appointments): No nominations were submitted, and Commissioner Madison made a alia to postpone the two appointments until the May 20 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Adviso Committee (5 appointments Commissioner Williams nominated Janet Hall. by Commissioner Madison to accept Mrs. Hall by acclamation and to postpone the remaining four appointments until the May 20 meeting. VOTING: Ayes — 5; Nays — 0. NEW BUSINESS: Chairman Johnson announced there would be a Legislative Briefing and Reception on Wednesday, May 14, 2003, in Raleigh, NC. He said the events were > sponsored by the North Carolina Association of County Commissioners, and if anyone desired to attend they should notify the clerk. CLOSED SESSION: MOTION by Chairman Johnson at 7:50 p.m., to enter into closed session 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 8:10 P.M.) ADJOURNMENT: by Chairman Johnson to adjourn the meeting at 8:10 p.m. NEXT MEETING: Tuesday, May 20, 2003, 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: Mey WO ROOS i iat Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES MAY 20, 2003 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, May 20, 2003, 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Communications Director David Martin, Planner Emily Jackson, Tax Administrator Bill Doolittle, Emergency Services Director Tracy Jackson, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. Request from the Juvenile Crime Prevention Council (JCPC) for Approval of the FY 2003-04 Funding Recommendations: Carl Duncan, Chairman of the Juvenile Crime Prevention Council for Iredell County, said State juvenile justice funding of $289,914 was anticipated for the upcoming year. He said the JCPC recently met and reviewed funding proposals. Duncan said the Counseling Center of Iredell had received funds in the past, but the council did not recommend FY 03-04 funding. He said the council felt the counseling services offered by the agency needed to be more “intensified.” Mr. Duncan said $30,504 still needed to be allocated for next year, and a second request for proposals had been published. He said agencies had up until May 30, 2003, to apply for the money. Commissioner Williams asked if Medicaid acceptance had anything to do with the council’s decision regarding the Counseling Center. Duncan said this was discussed. He said the acceptance of Medicaid helped to leverage the money. Mr. Duncan said he understood the Counseling Center planned to submit another proposal for the remaining $30,504, along with Crossroads Behavioral Healthcare, Don-Linn Counseling, and the Barium Springs Home for Children. Mr. Duncan said the council’s goal was to obtain as many juvenile services as possible with the available funds. (A complete listing of the agencies approved to receive the FY 03-04 funding is included in the regular minutes.) Riparian Buffer Permanent Rules for the Catawba River Basin: Chairman Johnson said a letter had been received from the Alexander County Board of Commissioners about the Catawba River Riparian Buffer Rulings. He said the letter specifically asked Governor Easley’s office to study the rulings, especially the impact they might have on the property owners. Johnson said the Alexander officials were requesting that the Iredell County commissioners send a similar letter. It was the consensus of the board to place this matter on the June 3 agenda. Set Aside Green Space for Subdivisions Having More than Ten Developable Lots: Commissioner Madison said he had concerns about the open space set-aside requirement for subdivisions containing more than ten lots. Madison said he felt the requirement could have a negative impact on smaller subdivisions. He said that unless there was an adequate property owners’ association, a liability could be created. Mr. Madison suggested for the requirement to be reviewed again by the planning board. It was the consensus of the commissioners to request that the planning board re- review the matter. (The clerk will notify the planning supervisor.) COUNTY MANAGER’S REPORT: County Manager Mashburn then presented the proposed Fiscal Year 2003-04 Iredell County Budget Message. (The document, in its entirety, is as follows. Budget Message FY 2003-2004 The recommended budget for FY 2003-2004 totals $110,737,630. If compared to the original budget approved by the commissioners for 2002-2003, this is an 1] 3% increase. If compared to the revised budget for 2002-2003, this is a 13.7% decrease. To really understand what is happening, one has to look at each line item, compare the minutes for the entire year to see where there have been budget changes approved by the board, and look at what is being recommended for FY 2003-2004. The real question should not be how much the expenditures have increased from one year to the next, but how much has the demand increased and how much more does it cost to provide the same level of service. I wish it were easy to provide simple answers to these simple questions, but the best that can be done in an introductory overview is to hit some of the highlights and then to provide additional details as we review the budget over the next few weeks. A good place to begin is to do a comparison of the schedules between last year and this. First of all, let's look at SCHEDULE A, the fund balance. At the beginning of 2002- 2003, it was estimated the fund balance for June 30, 2003, would be 10.83%. Now that the year is nearing an end, we estimate a slight decrease (10.79%); however, the actual dollar increase is over $1.2 million, or put another way, we have a 10.8% increase in our undesignated reserves. During a year of weak economy, is it not a positive sign that we have actually been able to grow the fund balance. Next, take a look at SCHEDULE B which shows the increase in_the_ number of personnel recommended. On the surface, it would appear that the county is increasing the number of people working in county government by 7.8%. In actuality, the increase is less than 3.5%, and that includes adding an additional twelve (12) jailers to begin the operation of a jail annex, an expansion that is needed because our present jail facility is so overcrowded. If the new jailers were removed, the actual increase then would be less than 2%, and even most of this increase is covered by state and federal funds, just as are the new positions showing up for the first time in the transportation services department. For FY 2002-2003, these were contract positions, but in order to improve services and reduce cost, the commissioners agreed to bring transportation services in- house. The salary increase per employee is the same as last year — 1.5%. Some money is also set aside for merits; however, as a percentage of the total, it is reduced somewhat. SCHEDULE C shows how much we plan to spend in the general fund for capital outlay. This year we propose a significant increase in capital outlay — about $2 million more in the general fund. One has to remember, however, that last year we reduced capital outlay by about $2 million from the previous year, so basically, we are funding pent up demand. If all requests had been recommended, it could have been another $2 million. SCHEDULE D shows how much more county funds we are spending, and where it is being spent. Just looking at the raw numbers, we are putting almost $9 million more county dollars into the budget than we did in FY 2002-2003. In addition, restricted taxes and fees are up by about $2 million; both of these revenue sources have increased 12% and 15% respectively. Federal and state revenues have only increased 2.98%, and as a percent of the total, went from 12.9% to 11.9%. Taking a closer look, we can see that over $4 million of the county increase is going for increased funding for the schools, $1 million is for the sheriff's office, and $1 million for the jail. Social services 2 uses up $533,000 more in county money, and $1,250,000 is transferred into the capital reserve. This accounts for almost $8 million in the increase, with the balance being spread out among all the other expenditures. SCHEDULE E shows a much clearer picture of how much the budget has really increased. In 2001-2002, the budget was $102,614,542. As you can see, FY 2002-2003 was a reduction over the previous year. Looking at both years, the increase is a little less than 4% a year. Although inflation has not been running at 4% a year, the county growth and the weakening economy have increased the demand for services. SCHEDULE I shows the schedule of tax values and rates. The county assessor estimates that total values will increase $2.1 billion over FY 2002-2003, or about 19.3% increase. Some of this is due to the revaluation, and some of it is due to growth in the base. We have had about 48% increase in value since the last revaluation. However, since the last revaluation we have increased schools by approximately 30%, Medicaid is up 79%, public safety is up 45%, and general government is up 42%. In addition to property taxes, the major source of our revenue is sales taxes. We all are aware that the General Assembly authorized the additional 2 cent in sales tax to make up for the reductions in state reimbursement. It is still too early to tell just how much that the additional 4 cent will bring in, but our director of finance and administration conservatively estimates it will generate about $4.5 million. However, since we lost $3,152,186 in reimbursements, we will only net out about $1,347,814 in new funds. Obviously, this is better than the alternative; however, the actions of the General Assembly to rush through a budget that it knows cannot be supported by current revenue projections, does not instill in me a very high level of confidence that we will go unaffected by the anticipated shortfall. There are still many ways the state can shift responsibility without providing adequate funding. The state has done it before, and I believe it may do it again. I conclude this initial presentation with a look at the budget for the school systems. The proposed budget represents a return to the stated commissioners’ goal of funding schools with a 5% increase plus growth. In addition, the capital outlay amount for Mitchell Community College is recommended to be established on a fixed basis just as the county is doing for the school systems. As has been presented several times in recent years, the increase in student enrollment at Mitchell Community College is increasing at very high levels, and in order for the college to make plans to address this increase, it has to be able to have an accurate way to project its capital revenue. It is recommended that the commissioners adopt a policy of funding the college capital program at an amount equal to / cent of the ad valorem tax rate. For FY 2003-2004, this amount is $629,795. This is still well below the request of the school, but it provides a tool for planning that is needed if the school is to get ready for the projected growth. This is the sixteenth budget I have prepared and presented to the board of commissioners for your consideration. Each and every one has been a challenge, but more recent budgets have been an even greater challenge. High rates of growth, new and increased demand for faster and more efficient services, attacks on our revenue stream by the state and federal government, and a weakening economy have all been major contributors to the position I feel the county is in at this time. This budget, if passed as recommended, will require that the tax rate be set at 44.5 cents, and that we collect 95.81% of our taxes the very first year. Even at this rate, not enough is being put into capital reserve to adequately plan for future major capital needs, nor are we able to build our reserves to be prepared for the unexpected or to take advantage of opportunities as they are presented. I urge the commissioners to consider leaving the rate at 47 cents and place into reserve the balance between what is needed to fund the proposed budget and the revenue generated by that tax rate. This will obviously not be a popular move to make, but I feel it is justifiable. Regardless, I do recommend that as a minimum you approve the budget as it is recommended, and set the tax rate no less than 44.5 cents for $100 in value. In closing, I cannot express adequately enough how indebted I am to our Director of Finance and Administration, Susan Blumenstein, for her valuable assistance in preparing this proposed budget. Submitted by Joel Mashburn, County Manager and Budget Officer * * kK * ADJOURNMENT: Chairman Johnson adjourned the briefing session at 6 p.m. Approved __ fase Z, nos YZ nal LY 27 e r Clerk to the Béard IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES MAY 20, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, May 20, 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Attorney Bill Pope, Finance Director Susan Blumenstein, and Clerk to the Board Jean Moore. Note: County Manager Joel Mashburn was absent due to illness. 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 as presented. VOTING: Ayes — 5; Nays — 0. Recognition of Teachers in the Iredell-Statesville School System and the Mooresville Graded School District who Recently Achieved National Board Certification: MOTIO NI by Commissioner Madison to approve the following resolution. VOTING: Ayes — 5; Nays — 0. RESOLUTION HONORING TEACHERS IN THE IREDELL-STATESVILLE SCHOOL SYSTEM & MOORESVILLE GRADED SCHOOL DISTRICT FOR ACHIEVING NATIONAL BOARD CERTIFICATION WHEREAS, the National Board for Professional Teaching Standards is an independent, nonprofit, nonpartisan organization dedicated to establishing high and rigorous standards for teachers and improving student learning in American schools; and WHEREAS, all 50 states have taken action to participate in the National Board Certification program; and WHEREAS, the National Board for Professional Teaching Standards has developed a national, voluntary system to assess and certify teachers; and WHEREAS, 35 teachers recently achieved the national certification. NOW, THEREFORE, BE IT RESOLVED, that the members of the Iredell County Board of Commissioners hereby congratulate Caroline Annas, Lynn Beatty, Dawn Bell, Tara Bowman, Donna Brawley, Mary Alice Buhrer, Karen Bullard, Diane Cash, Tracy Dagenhart, Stephanie Dennis, Ann Farabee, Kristin Faucher, Mary Ann Flowers, Traci Fox, Patricia Freeze, Paula Hanson, Karen Hobday, Gayle Jones, Holly Jones, Kathy Kerr, Leah Anne Key, Patricia Logan, Angie Long, Laura Miller, Deborah Pierce, Pamela Purifoy, Donna Robertson, Tammy Russ, Alison Schleede, Jennifer Setser, Lina Soares, Tracy Turner, Shelley Warnock, Murphy Wellman, and Regina Welsted for achieving the national certification and for increasing their knowledge and skills. BE IT FURTHER RESOLVED, that the members of the Iredell County Board of Commissioners honor these exemplary teachers and commend them for their tireless efforts in the pursuit of teaching excellence. This the 20" day of May 2003. * * * * * Chairman Johnson and Commissioner Tice presented a copy of the resolution to the teachers in attendance and congratulated them on their willingness to pursue the certification. Mooresville Graded Schools Superintendent Dr. Bruce Boyles and Iredell-Statesville School Board Chairman Dr. David Cash were also in attendance. Dr. Cash’s wife, Diane, was one of the teachers receiving recognition. APPOINTMENT BEFORE THE BOARD Presentation from a Representative of ASMO North Carolina Inc., Regarding the Environmental Protection Agency’s (EPA) National Performance Tracking/Strategic Goals Initiative: Danny Yount, ASMO’s Environmental Health and Safety Department Assistant Manager, said his company had existed in Iredell County for the past 14 years. He said last year, ASMO joined the EPA’s tracking and environmental strategic goals initiative. Yount said one of the initiative’s requirements was for companies to present environmental performance information to the local governing entities. | He described several ways the company was trying to prevent pollution and sustain a healthy environment. (Listed below are three of the most significant items mentioned.) (1) Reducing the amount of waste being sent to the county landfill. In year 2002, about 450 tons were landfilled compared to over 1,000 tons in 1999. Recycling efforts have also been accelerated. (2) Reducing the amount of volatile organic compounds. The company is using zinc-coated steel and powder-coated materials instead of liquid, epoxy-based paint. An ultimate goal is eliminate painting altogether. (3) Pertaining to water quality and conservation, ASMO joined the Common Sense Initiative. The City of Statesville granted ASMO a level two incentive that allows quarterly water samplings instead of the previous monthly samplings. Yount said additional information about the company’s performance could be found at www.asmo-na.com. He said the EPA’s website might also be of interest, and it was located at www.epa.gov/performancetrack. Chairman Johnson thanked Mr. Yount for the presentation and congratulated him on ASMO’s environmental performance. MOTION by Commissioner Williams to approve the following eleven (11) cov.sent agenda items. VOTING: Ayes — 5; Nays -— 0. 1. Request from the Juvenile Crime Prevention Council (JCPC) for Approval of the FY 2003-04 Funding Recommendations: JCPC Chairman Carl Duncan presented the council’s recommendations at the briefing session. The following chart shares information about the agencies approved to receive the FY 03-04 funding. 2 JCPC Allocation Amount Available for 2003-2004 $289,914 Proposals Received Amount FY 02/03 Amount Requested Allocation Awarded for 2003-04 Barium Springs $142,052 $ 137,752 137,752 Home for Children Big Brother Big 30,945 0 0 Sister Counseling Center of 39,850 35,504 0 Iredell Project Challenge 45,696 38,291 43,291 Psychological 6,820 6,820 6,820 Services to Juvenile Court SCAN 90,344 61,047 61,047 (ARK Program) JCPC 10,500 10,500 10,500 Administrative Totals $365,207 $289,914 *$259,410 * $30,504 has not been awarded. The Juvenile Crime Prevention Council voted to publish another RFP seeking vendors to provide specific counseling services geared towards the adolescent population. 2. Request for Approval of the Waterline Bids for the Millard Refrigeration & West Farm Development Project with the Awarding of the Waterline Contract to Hickory Construction in the Amount of $126,620.00 and the Postponement of the Approval of the Water Tank Bids & Awarding of the Contract due to there being Inadequate Funds for the One-Million Gallon Tank: The following bids were received and opened on May 13, 2003, for the referenced waterline. ENERGYUNITED WATER CORPORATION & IREDELL COUNTY WEST FARM DEVELOPMENT PROJECT BIDDER BID AMOUNT Bell Construction Company $ 207,378.60 Buckeye Construction (no bid) Burke Grading & Paving, Inc. (no bid) Chris Rider, Inc. 168,971.00 Gilbert Engineering 156,879.00 Hickory Construction Company 126,620.00 Trans-State Construction Company 155,570.00 At the briefing session, Jerry Twiggs with West Consultants, recommended that the waterline bid be awarded to Hickory Construction. He said tank bids were also received and opened; however, due to there being inadequate funds (approximately $200,000) for a million-gallon tank, it was recommended that the action on this particular segment of the project be delayed. Twiggs said efforts were being made to secure a funding source for the remaining amount of money needed for the tank. a Request for Approval of a Zoning and Subdivision Jurisdiction (Extraterritorial) Release to the Town of Mooresville (27 acres adjacent to the Mooresville Town Limits Owned by Norman & Judy Aldridge at Hwy. 150 & Ervin Road): Planner Emily Jackson said during the briefing that the Aldridge property was adjacent to the Mooresville town limits, and it was within the urban services boundary. She said that in April of this year, the Town of Mooresville approved an annexation request. Jackson said the property was currently zoned Highway Business Conditional Use District, and it was designated for retail usage in the Iredell County Land Development Plan. She said a retail establishment was planned for the site. 4. Request for Approval of the April 2003 Refunds and Releases: The approved refunds and releases are as follows. 3 APRIL 2003 TAX RELEASES & REFUNDS __ | ES, Releases Refunds County 26,050.61 1,854.94 Solid Waste Fees 90.00 0 East Alexander Co. Fire #1 14.14 0 Shepherd’s Fire # 2 b7.le 0 Mt. Mourne Fire # 3 26.52 144.74 All County Fire # 4 912.02 239.71 Statesville City 4,190.51 0 Statesville Downtown 481.76 0 Mooresville Town 11,324.15 63.40 Mooresville Downtown 0 0 Mooresville School 953.14 16.86 Love Valley 0 0 Harmony 0 0 Troutman 99.68 0 Total 44,159.65 2,319.65 5. Request for Approval of an Agreement with the Harmony Volunteer Fire Department and the Olin Community Development Corporation for a Communications Tower: Communications Director David Martin explained during the briefing session that a 25-year lease had been drafted for the county to build a 190 foot self-supporting tower at the Harmony Volunteer Fire Department Station located in Olin, N.C. Martin said the county would provide an emergency generator for the site and purchase the fuel. Mr. Martin said a site license application had been submitted to the Federal Communications Commission. 6. Request for Approval of Budget Amendment #40 for the Transfer of funds ($20,000) from the Contingency Line Item to the Legal Budget Line Item: Finance Director Blumenstein said at the briefing session that several unexpected claims had been brought against the county during this budget year. She said in March, a budget amendment adding $20,000 to the legal budget had been approved; however, the claims and settlements line item had again been overspent. Blumenstein said that in addition, the legal professional services line item needed more funds. She requested that $20,000 be taken from the contingency fund and divided between the legal professional services line item ($10,000) and the claims and settlements ($10,000) line item. 7. Request for Approval of Budget Amendment #41 for the Acceptance of an FY 2002 Department of Justice/Office of Domestic Preparedness Grant: Emergency Services Director Tracy Jackson said at the briefing that a grant totaling $37,508 had been received. He requested approval of a budget amendment to recognize the funding and permission to spend the money for supplies ($28,543) and equipment ($8,965). 8. Request for Approval of Budget Amendment #42 in Regards to Supplemental Retirement for the Register of Deeds: Finance Director Blumenstein mentioned during the briefing that the supplemental retirement paid this fiscal year for the Register of Deeds exceeded the budget by $19,301 on April 30. Blumenstein estimated an additional $13,400 would be needed for the remainder of the year. She said Budget Amendment #42 would recognize revenue ($32,700) received in excess of the budget and appropriate it to the Supplemental Retirement line item. 9. Request for Approval of Budget Amendment #43 in Reference to the Trinity Volunteer Fire Department Truck Repairs in the Amount of $2,092.30: During the briefing, Andy Webster, a member of the Fire Chief's Advisory Committee, said two trucks owned by the Trinity Fire Department had design flaws. He requested that $2,092 be reimbursed to the fire department. (The Fire Tax Board minutes dated February 25, 2003, indicated the repair cost for Truck Unit 801 was $1,505.14, and the amount for Truck Unit 802 was $587.16. The Fire Tax Board voted to reimburse Trinity out of the Truck Fund.) The budget amendment will appropriate county-wide fire tax district fund balance money in the amount of $2,095 to the Trinity VFD. 10. Request from the University of North Carolina at Charlotte for the Adoption of a Resolution Calling Upon the North Carolina General Assembly to “Ensure Equitable Funding for the University and to Ensure that UNC-Charlotte Participates in any New Investment Program by the State of North Carolina in Research Activities and Infrastructure:” The following resolution was approved in conjunction with this request. RESOLUTION IN SUPPORT OF THE UNIVERSITY OF NORTH CAROLINA AT CHARLOTTE WHEREAS, the economy of North Carolina is undergoing a dramatic change; and WHEREAS, successful competition within the new economic environment requires a greater role for higher education; and WHEREAS, the University of North Carolina has embraced this enhanced role and is increasingly directing its instructional, research, and service programs to encourage and assist economic development; and WHEREAS, UNC Charlotte is the campus of the University principally responsible for serving the Charlotte-Mecklenburg region; and WHEREAS, various bodies concerned with the economic well-being of the Charlotte- Mecklenburg region have identified the growth of UNC Charlotte, in size and in scope, as critical to the region’s economic development; and WHEREAS, UNC Charlotte has responded by increasing the size of its student body; by adding degree programs, especially at the graduate level in technology and science-based disciplines; by strengthening research programs that undergird economic growth; and by implementing organizational changes such as the establishment of the College of Information Technology, the Office of Technology Transfer, and the Charlotte Research Institute, all intended to better connect the university with the public and private bodies concerned with economic development; and WHEREAS, the State of North Carolina must ensure that UNC Charlotte is adequately funded to carry out its expanded role in economic development; and WHEREAS, previous State investments aimed at strengthening instructional and research programs related to economic development have tended to be focused on one geographic region; and WHEREAS, future State investments must recognize the critical importance of the economic well-being of the Charlotte-Mecklenburg region to that of the entire State. NOW, THEREFORE BE IT RESOLVED, that the Iredell County Board of Commissioners calls upon the North Carolina General Assembly, especially the members from this region, to ensure equitable funding for UNC Charlotte and to ensure that UNC Charlotte participates in any new investment program by the State of North C arolina in research activities and infrastructure intended to enhance economic opportunity and competitiveness, particularly in emerging fields such as biotechnology, photonics and optoelectronics, information technology and nanotechnology. Adopted this the 20" day of May, 2003. 11. Request for Approval of the May 6, 2003 Minutes ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Carolinas Partnership (1 announcement) Region F Aging Advisory Committee (3 announcements) Farmland Preservation Board (2 announcements) Fire Tax District Board (1 announcement) Statesville Planning Board (ETJ) (2 announcements) I-CARE Board (2 announcements) Jury Commission (1 announcement) Juvenile Crime Prevention Council (14 announcements) Mitchell Community College Board of Trustees (1 announcement) Mooresville Planning Board (ETJ) (2 announcements) Iredell County Planning Board (3 announcements) Region F Emergency Medical Services Committee (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Industrial Facilities & Pollution Control Financing Authority (2_ appointments): Commissioner Madison nominated Steve Robinson and Dan Wallace. No other candidate names were submitted, and Chairman Johnson imoved| to close the nominations and appoint Robinson and Wallace by acclamation. VOTING: Ayes — 5; Nays — 0. Hazardous Waste & Low Level Radioactive Waste Management Board (1 appointment): Commissioner Norman nominated James K. Howard (farm representative). No other candidate names were submitted, and Commissioner Madison Imoved |to close the nominations and appoint Howard by acclamation. Troutman Planning Board (ETJ) (2 appointments): Commissioner Williams nominated Gerald Clodfelter and Kelly Miller. by Chairman Johnson to close the nominations and appoint Clodfelter and Miller by acclamation. VOTING: Ayes — 5; Nays — 0. Committee (2 appointments): _No nominations were moved to postpone the two appointments until the June Nursing Home Advisor submitted, and Commissioner Madison 3 meeting. VOTING: Ayes — 5; Nays — 0. Committee (7 appointments): No moved) to postpone the seven Adult Care Home Community Adviso nominations were submitted, and Commissioner Madison appointments until the June 3 meeting. VOTING: Ayes — 5; Nays — 0. Note: The board requested that the clerk publish a public notice seeking volunteers to serve on the Nursing and Adult Care Home Committees. ADJOURNMENT: MOTION by Chairman Johnson at 7:19 p.m., to adjourn the meeting until Thursday, May 22, 2003, at 1:00 p.m., for the purpose of touring buildings designed by architectural firms interested in designing the new social services building. Following the tours (same day), the commissioners will hold a budget review session at 6:00 p.m., in the South Wing Conference Room, Iredell County Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes — 5; Nays — 0. Ageraver: (Pun 3, A0v$ [> 0 - Wy gr i Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS BUDGET WORK SESSION MINUTES MAY 22, 2003 The Iredell County Board of Commissioners met for a Fiscal Year 2003-04 budget session on Thursday, May 22, 2003, at 6:00 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. REVENUES: Using a 44.5 tax rate, Finance Director Susan Blumenstein distributed and discussed a five-year projected revenue spreadsheet. She also shared a ten-year projection. Blumenstein said $107,770.00 had been used from the fund balance to balance the proposed budget. She said the general fund budget of $110,737,630 was based on a 95.81% tax collection rate, and the tax administrator had hired contracted help in an effort to increase the collections. County Manager Mashburn mentioned that more bankruptcies had occurred this fiscal year, and this had affected the collections. Blumenstein said that in the past, the one-cent sales tax reimbursement had been distributed to the counties in a point-of-sale method, but the General Assembly had changed this to a point-of-delivery system. She said the change was done in an effort to obtain revenue from remote (Internet) sales. IREDELL-STATESVILLE (I-S) SCHOOL SYSTEM: Superintendent Dr. Terry Holliday and Finance Officer Terry Haas attended the meeting to discuss the I-S requests. Holliday said in current expense, the system was requesting a five percent increase plus student growth. In mandated increases, Holliday reviewed the following. Hospitalization Increase $ 214,901 Retirement Increase to 5% a 2% Step & Cost of Living $ 321,184 Local Supplement (6.6% Certified Staff and 6.10% | $ 584,975 Non-certified staff) Modulars for Harmony $ 200,000 Charter Schools/Fines and Forfeitures $ 17,295 Increase in instructional supplies $20 per average | $ 0 daily membership (ADM) Increased costs of business (insurance, | $ 139,909 unemployment, charter school enrollment, transportation) TOTAL $1,634,765 Holliday said the system had a three-year plan to raise the teacher supplement from 6.6% to 8%. Dr. Holliday and Haas then presented eight priorities submitted by the system’s budget committee. These were: 1. Five teachers for class size reduction $ 167,971 2. Increase in maintenance and repair 200,000 3. Two full-time office support personnel (OSP) positions per school 53,741 4. Additional technology support 83,000 5. Implement OSP ABC Incentive Plan 78,855 6. Provide benefits for part-time bus drivers 35,929 7. Provide longevity increase for extracurricular 28,163 8. Vocational computer labs 130,000 Total $ 777,659 Dr. Holliday said funding for the five teachers ($167,971) was being requested from the county. In reference to capital outlay, County Manager Mashburn asked if any funds would be directed towards wastewater treatment at Ebenezer Elementary. Holliday said yes, and the actual amount would be obtained and shared at another date. Commissioner Norman asked if roofing repairs were budgeted for Troutman Middle. He said that on a recent visit, two leaks were noticed. Holliday and Haas said they would check with the maintenance services director. Commissioner Williams asked Blumenstein if projects could be added to the Certificates of Participation issuance this fall. Blumenstein said it might be possible for the legal documents to include a listing with projects in a prioritized order. Commissioner Tice said she still received complaints about the mold and mildew at Troutman Elementary. Holliday said air quality tests at the school revealed there were no health concerns. MOORESVILLE GRADED SCHOOLS: Representing the Mooresville School System were Superintendent Dr. Bruce Boyles, Finance Officer David Dutton, and Mooresville Board of Education Chairman Dr. Frank Fields. Boyles said the system’s current expense request was within a five percent increase plus growth. He said it was predicted the system would have 4,300 students in the fall. Dr. Boyles then described the following ten items or changes needed in the current expense budget. 1. A three percent salary increase 2. Four additional locally paid teachers 3. Supplement increase 4. Projected 20% increase in hospitalization insurance 5. Contracted services for non-English speaking students 6. One additional media assistant 7. One additional school nurse or social worker 8. Library books for the high school 9, Expenses for Health Advisory Council 10. Improved student support In capital outlay, Dr. Boyles said the system would not need any new buses next year, but the system would have to use “mega-unit modulars.” Commissioner Williams asked the capacity of the high school. Boyles said around 1,600 students and this included the N.F. Woods facility. He said the system should have enough space for the high school students through 2010. Dr. Boyles described the system’s capital outlay request of $3,425,000 consisting of: Category I projects (Building Improvements/Renovations) $2,012,000 Category II projects (furniture/equipment) 313,000 Contingency 100,000 Reserve for Long Range Plan 2002-2003 500,000 Reserve for Long Range Plan 2003-2004 500,000 $3,425,000 MITCHELL COMMUNITY COLLEGE (MCC): Representing the college were: Board Chairman Joe Troutman, Vice Chair Pam Stamey, President Dr. Doug Eason, and Finance Officer Dick Lefevre. Dr. Eason said the Mooresville project was nearing completion and an open house would be held in July. He mentioned the Mooresville campus had over 1,000 students, and growth was predicted to continue due to the new Lowes complex. Eason said the Workforce Development Building bids would be opened on June 24. He said the HVAC project (main campus) should be finished by early fall. Dr. Eason said the college continued to cope with budget cuts out of Raleigh, and it didn’t appear the State’s financial problems would improve in the new fiscal year. Lefevre said that for FY 03-04 current expense, the college would have an increase in hospitalization along with higher utility costs due to the cosmetology building and the Mooresville building. He said the current expense request totaled $2,002,100.00, and the capital outlay amount was $1,325,000. (A listing of the capital projects is as follows.) Technology/Workforce Development Building-COPS Loan Payment $ 25,000 Parking lot repair and expansion on main campus 200,000 Security lighting and sidewalk construction for main campus 150,000 ADA Accessibility for Cherry Street Center & Rotary Auditorium 700,000 Renewal & Renovations of Existing facilities on all campuses 250,000 $1,325,000 Mashburn said that for Mitchell’s future capital program, he was recommending that the commissioners adopt a policy of funding it (capital program) at an amount equal to one-half cent of the ad valorem tax rate. Commissioners Johnson and Madison voiced concerns about committing the % cent in the future. Mashburn said this year would be the first time the college had been included in a COPs issuance. He said that in the past, the college paid for capital projects in a pay- as-you-go method. by Chairman Johnson to follow the county manager’s recommendation of Special Capital Outlay funding in the amount of $604,795.00, but to delete the part of tying it to the 2 cent sales tax. VOTING: Ayes — 5; Nays — 0. SALES TAXES AND NEW LAW THAT ALLOWS SCHOOL SYSTEMS TO BE REIMBURSED: Finance Director Blumenstein said school systems were now treated as non-profits in regard to sales taxes, and they could file for reimbursements. She said the Department of Revenue would deduct the reimbursement from the amount that would have been sent to the county. Blumenstein said recently, Iredell-Statesville received a sales tax refund of $332,631.03, and that of this amount, $195,384.23 was 3 from actual sales in Iredell County. She said the $195,384 was deducted from the county’s May 15 sales tax distribution. Blumenstein said Mooresville’s refund was $52,759.19, and of this amount, $35,060.39 was deducted from the county’s May 15 sales tax distribution. (Note: Since each school system purchases items from counties other than Iredell, the amount deducted from Iredell County’s distribution does not equal the total amount the school systems received in the reimbursements.) DISCUSSION ON NEW SOCIAL SERVICES BUILDING/OBSERVATIONS REGARDING FACILITIES TOURED IN DOBSON AND ELKIN, NC: Chairman Johnson said he felt the technology room at the Crossroads facility was well designed, and there was efficient usage of the floor space. Commissioner Williams said he liked the style of building in Dobson, and it appeared to be functional. Commissioner Madison said a design concept that might work for the new social services building would be to have a hallway with several small offices on each side of it. ADJOURNMENT: Chairman Johnson adjourned the meeting at 9:00 p.m. ae n !:- Movie vy Clerk to the Board APPROVED: IREDELL COUNTY BOARD OF COMMISSIONERS BUDGET WORK SESSION MINUTES MAY 27, 2003 The Iredell County Board of Commissioners met for a Fiscal Year 2003-04 budget session on Tuesday, May 27, 2003 at 6:00 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn and Finance Director Susan Blumenstein. Note: Clerk to the Board Jean Moore was unable to attend the meeting. CALL TO ORDER by Chairman Johnson. The budgets for the following agencies or departments were discussed at the meeting. SCHOOLS: by Chairman Johnson to reduce the current expense allocation by the amount of sales tax refund made to the schools out of the county’s sales tax receipts and to designate that an equivalent amount be set aside in the General Fund for School Capital Reserve. VOTING: Ayes — 5; Nays — 0. Note: Iredell-Statesville Schools will have $195,384 set aside, and the Mooresville Schools will have $42,790. Mooresville’s amount is higher than the actual sales tax reimbursement ($35,060), and this is due to the practice of adhering to the ADM formula. SOCIAL SERVICES DEPARTMENT: no changes HEALTH DEPARTMENT: no changes SHERIFF’S DEPARTMENT: MOTION by Chairman Johnson to eliminate the funding for two HK-MPS5 40 caliber weapons ($7,000) and to reduce the amount appropriated for anew SUV to $24,000 ($6,300 deduction). VOTING: Ayes — 3 (Johnson/Madison/Williams); Nays — 2 (Norman/Tice). FIRE MARSHAL’S DEPARTMENT: MOTION by Chairman Johnson to abolish the safety inspection fee effective July 1, 2003. VOTING: Ayes — 5; Nays — 0. ANIMAL CONTROL DEPARTMENT: MOTION) by Chairman Johnson to reduce the amount to be paid for a new SUV from $27,000 to $18,000. VOTING: Ayes — 5; Nays — 0. ADJOURNMENT: Chairman Johnson adjourned the meeting at approximately 9:00 p.m. ) sf) APPROVAL: A@ne /47, 200s a yt. Myer iP y ye Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS JOINT MEETING WITH SOCIAL SERVICES BOARD MINUTES & BRIEFING MINUTES JUNE 3, 2003 The Iredell County Board of Commissioners met with the members of the Social Services Board at 4:30 p.m., on June 3, 2003, in the Iredell County Government Center (Commissioners’ Meeting Room), 200 South Center Street, Statesville, NC. Immediately following the joint meeting, the June 3 agenda briefing was held. Commissioners present were: Chairman Steve D. Johnson Vice Chairman Godfrey Williams Doug Madison Marvin Norman Sara Haire Tice Social Services Board members present were: Chairman Mac Lackey Vice Chairman Bobbie Edmisten Hazel Harrington William M. Jones, Jr. William W. Summers Staff present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Social Services Director Don Wall, Social Work Program Administrator Lisa York, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. ARCHITECTURAL SELECTION FOR THE NEW SOCIAL SERVICES BUILDING: The attendees at the meeting felt that both architectural firms (ADW and MBAJ) had the capability to design the new building. It was noted that MBAJ had included a study on the re-use of the existing social services building. Also, it was noted that MBAJ appeared to do a good job in following-up after presentations. It was the consensus of the two boards to direct County Manager Joel Mashburn, Social Services Director Don Wall, and Support Services Director Jim Vernon to meet with MBAJ (Martin Boal Anthony & Johnson) for the purpose negotiating a design cost proposal. After the financial information is obtained, it will be presented to the board of commissioners for approval. The joint meeting ended at 4:55 p.m. BRIEFING MINUTES 5:00 P.M. SOUTH WING CONFERENCE ROOM Commissioners present were: Chairman Steve D. Johnson, Vice Chairman Godfrey Williams, Doug Madison, Marvin Norman, and Sara Haire Tice. Staff present were: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Inspections/Planning Director Lynn Niblock, Planning Supervisor Ron Smith, Animal Control Supervisor Sidney Weisner, Emergency Services Director Tracy Jackson, Emergency Medical Services Director Lee Darnell, Support Services Director Jim Vernon, and Clerk to the Board Jean Moore. Chairman Johnson called the meeting to order. Request from the Animal Control Ad Hoc Committee for Review/Approval of Animal Control Ordinance Amendments: Animal Control Supervisor Weisner said the ad hoc committee recommended the following amendments to the ordinance. e A separate classification for “potentially dangerous dog” in an effort to distinguish between the animals that appear dangerous from the ones that have actually bitten someone. e Under the dangerous dog and the potentially dangerous dog definitions, a statement about dogs being deemed dangerous in another county or state. e That a severe injury would mean any physical injury that would require medical treatment by a medical professional. e Under the precautions against potentially dangerous dogs, an addition pertaining to a “suitable enclosure” and that “the owner shall pay the balance of the board fee when the enclosure was finished.” Also, a stipulation that a tattoo would be permissible if an owner chose this method over a microchip, but only after the animal control department issued a number. e Under the violations clause pertaining to potentially dangerous dogs, a statement indicating the animal would be held at the animal control department until an appeal was heard. Also, if the owner didn’t appeal within three days, the dog would be destroyed on the fourth day. Further, if the owner lost the appeal, the dog would be destroyed on the next day after the decision. Weisner said a veterinarian or tattoo parlor could provide the tattoos. He said, however, he wasn’t aware of any tattoo parlors providing the service. Weisner said his office would issue and maintain the tattoo numbering system. Commissioner Madison voiced concerns about the severe injury statement and the part about requiring medical treatment from a medical professional. He said he preferred the former severe injury wording where it stated it was one that resulted in broken bones or broken skin. Mashburn said the medical professional requirement might eliminate some potentially awkward situations for the animal control officers. Weisner said the courts would put more credence on the opinion from people in the medical profession. He added that the dog owner would be liable for the medical expenses. Madison said the burden of proof fell back on the victim, and he didn’t think this was right. He also mentioned how difficult and expensive it was for people to recover what was owed to them through the courts. Request for Approval of the Emergency Medical Services Write-Off Policy for Homeless, Indigent, and Transient Patients: EMS Director Lee Darnell said the write-off policy was first presented to the board at the March 18, 2003 meeting, and at that time, he was directed to research the unpaid accounts to determine if there might be any lien opportunities. Mr. Darnell said his office had finished the research, and no collection leads were found. Emergency Services Director Jackson said the billing office would continue to seek reimbursement in the future if a person with a written-off account needed EMS assistance. Update on the Iredell County Emergency Medical Services Plan: Darnell said the EMS Plan would be presented for approval at the June 17 meeting. He said the county EMS Department would be the lead agency for all of the emergency providers in the county. He said the plan was a State law requirement, and it would be a lengthy and comprehensive document. Nm Request for Approval of Budget Amendment #44 for the Appropriation of Funds from Capital Reserve to the Capital Project Fund for the Iredell County Government Center South Project (Phase II — North Carolina Department of Environment & Natural Resources Upfit) (DENR) in Order to Begin Demolition in the Area to be Leased: Support Services Director Vernon explained that on May 20, 2003, Monteith Construction gave a cost amount of $145,625 for the demolition work needed to upfit the proposed space for DENR. He said notice had been received that the Council of State had approved the lease concept, and the Attorney General’s Office would prepare the leasing documents. Vernon said the architect had prepared a description of the necessary work, and a change order would be prepared. Request for Approval of Budget Amendment #45 in the Amount of $53,000 for the Purpose of Transferring Unspent Funds in the General Fund to the Capital Project Fund for HVAC (Chiller) Modifications at the Iredell County Government Center-South (ICGC-S): Vernon said the Trane Company had evaluated the chiller unit at the ICGC-S and determined it was in poor condition. He said the seals had not been maintained, but the unit, overall, was useable. Vernon estimated that $53,000 would be needed for the modifications. Mashburn said the money was not in the project’s budget. He said each year, however, a set amount was placed in the courts budget in case asbestos removal had to occur in Courtroom 2 at the Hall of Justice. Mashburn said the money ($64,000) had not been used this year, and it could be applied towards the chiller modifications. Request for Permission to Rescind the Board Action Made on May 20, 2003 to Accept the Low Bid and Award the Contract for a 12” Waterline Extension for the Millard Refrigeration/West Farm Development Project in the Amount of $126,620: County Manager Mashburn said the EnergyUnited Water Corporation Board met on May 30, 2003, and decided to construct the Millard/West Farm waterline. He said a letter had been sent indicating the water corporation would construct a 12” waterline from Little Farm Road, 1,900 ft. east on Hwy. 90 to Millard Refrigeration and then to the one million gallon storage tank site. Mashburn said the $126,620 originally proposed for the water extension could now be designated toward the tank’s cost. Adjournment: Chairman Johnson adjourned the brjefing session at 6:15 p.m. Vue L.A yr— Y Clerk to the Board Approved: at_/?, #bd3 IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES JUNE 3, _ 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, June 3, 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 Doug Madison Marvin Norman Sara Haire Tice 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 Johnson. INVOCATION by Vice Chairman Williams. PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: IMOTION by Chairman Johnson to adjust the agenda by the following actions. Additions: ¢ Request for Approval of Budget Amendment #45 in the Amount of $53,000 for the Purpose of Transferring Unspent Funds in the General Fund to the Capital Project Fund for HVAC (Chiller) Modifications at the Iredell County Government Center-South e Request for Permission to Rescind the Board Action Made on May 20, 2003 to Accept the Low Bid and Award the Contract for a 12” Waterline Extension for the Millard Refrigeration/West Farm Development Project in the Amount of $126,620 e Closed Sessions for the Purpose of Discussing two Economic Development Projects: G.S. 143-318.11(a) (4). VOTING: Ayes — 5; Nays — 0. Note: During the agenda briefing, the EMS Director gave a brief update on the Emergency Medical Services Plan that will be presented for adoption at the June 17 meeting. No action was needed regarding the item. PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Public Comments in Reference to the Iredell County Budget for FY 2003-2004 Big Brothers Big Sisters of the Southern Piedmont Executive Director J.C. Byers said his agency had 319 volunteers, and he was requesting $5,000 on an annual basis for the next five years to assist in the mentoring program. Mr. Byers said it was important to have adequate funds to insure the volunteer/child matches were carried out appropriately. He said the summer Primetime program started Monday, June 2 with 106 volunteers. xk kK * Buddy Hemric said the size and scope of the government from the county to the federal level continued to grow. He said this was a revaluation year and property values were up 25%. Hemric said the 25% increase should be enough for the county # tax rate to be at 39.5 cents per $100. Mr. Hemric said the proposed budget could be balanced by reducing the number of new employees. Hemric said he felt Commissioner Williams’ idea of a 42-cent rate with $1.2 million going to the reserve fund was a good proposal. Hemric said, however, that if 42 cents became the rate, there would still be a tax increase. No one else desired to speak, and Chairman Johnson adjourned the FY 2003-04 budget public hearing. Chairman Johnson declared the meeting to be in a rezoning conditional use district public hearing, and invited all persons desiring to speak to come forward for the swearing-in oath. Case No. 0305-1; New Covenant Partners; A Request to Rezone a Portion of Property from Residential Agricultural to Light Manufacturing Conditional Use District (Site location: Martin Lane adjacent to I-40 in Statesville, NC — PIN#4755-96-7995): Planning Supervisor Smith said New Covenant Partners desired to rezone 3.13 acres of a 24.356 acre tract for the warehousing and storing of stage and lighting equipment. Smith said the rezoning condition was that SR 2207, Martin Road, would be used as the only access to the property. He continued by saying his staff recommended approval of the rezoning with the condition; however, they were not recommending an amendment to the Land Use Plan. He said none of the property was located in an industrial zone and any amendments could potentially allow for the establishment of future industrial development along Martin Road. He further said the planning board on May 7, 2003, voted unanimously to approve the rezoning. No one else desired to speak, and Chairman Johnson adjourned the hearing. by Commissioner Madison, after reviewing the findings of fact and determining them to be in order, to rezone the property involved in Case #0305-1 (New Covenant Partners) from Residential Agricultural to Light Industrial Conditional Use Zoning with the condition being that all ingress/egress be from Martin Lane. VOTING: Ayes — 5; Nays — 0. Request from the Animal Control Ad Hoc Committee for Review/Approval of Animal Control Ordinance Amendments: Animal Control Supervisor Sidney Weisner reviewed the changes suggested by the ad hoc committee. Humane Society President Margaret Lane (also a member of the animal control ad hoc committee appointed on April 1) said a balanced approach had been taken in the amendments. She said this was why there were now two classifications: dangerous and potentially dangerous dogs. Mrs. Lane said the severe injury definition had been amended, and she felt it was important to retain the wording in the ordinance. Lane said she wanted the ordinance to leave some discretion for the hearing board in order for informed judgments to be made. IMOTION by Commissioner Norman to approve the amendments. ‘Amendment to the Motion; Commissioner Madison said he could support the amendments with the exception of the definition of a severe injury. He said the definition stated that a “severe injury meant any physical injury that required medical treatment by a medical professional,” and he felt this placed an undue burden on the victim rather than on the dog owner. Madison said he felt the former definition should be used (severe injury means any physical injury that results in broken bones or broken skin). Mr. Madison said he could support the amendments if Mr. Norman amended the motion to this effect. Mr. Norman said he could not amend the motion due to the animal control supervisor’s comments during the briefing. Chairman Johnson said Mr. Weisner felt the evidence provided by medical professionals would carry more weight in the courts than information provided by the animal control officers. VOTING ON COMMISSIONER NORMAN’S MOTION: Ayes — 4; Nays - | (Madison). Note: See briefing minutes for additional information. by Commissioner Tice to approve the following nine (9) consent agenda items. VOTING: Ayes — 5; Nays — 0. i Request for Approval of the Emergency Medical Services Write-Off Policy for Homeless, Indigent, and Transient Patients: The approved policy is as follows. EMS BILLING POLICIES & PROCEDURES WRITE-OFF PROCEDURE FOR HOMELESS, INDIGENT, AND TRANSIENT PARTIES . Definition: For the purposes of this policy, homeless means having no home or permanent place of residence, indigent means lacking the necessities of life because of poverty, and transient means a person who stays in the area for a short time. II. Purpose: The purpose of this policy is to avoid allowing excess amounts of debt to accumulate in the Accounts Receivable Balance due to the inability to identify and/or locate the responsible party afier repeated attempts. III. Procedure: EMS will make every reasonable effort to identify each patient it encounters. This will be done as follows: 1. EMS Field Personnel: a. Field personnel will collect the following information for each patient. Full legal name (first name, middle initial, last name, any suffix) e Date of Birth e Mailing Address e Social Security Number ¢ Medical Insurance Provider and Personal Insurance Number b. Completed information will be documented on the ambulance call report and forwarded to the EMS Supervisor for review. c. If unable to obtain complete demographic information, the on-duty EMS Operations Supervisor will flag the ambulance call report and submit to EMS billing. 2. EMS Billing Staff: a. EMS Billing staff will make every reasonable attempt to obtain incomplete demographic information. This may include researching telephone directories, contacting local hospitals and local homeless shelters, etc. b. After failing to locate an accurate identity and/or mailing address for a homeless, indigent, and transient party, the EMS Billing Staff will write-off the debt of the individual in question after a period of four months from the original date of transport has elapsed. 2. Request for Permission to Apply for a Citizen Corps Council Development Grant in the amount of $2,500: Emergency Services Director Tracy Jackson explained this grant during the briefing session. (A total of $798 will be used to purchase equipment, and $1,702 will be used for supplies and other operating expenses. The purpose of the citizen corp will be to (1) provide information to the public about volunteer programs to improve community preparedness and family safety (2) utilize local agencies in the training (3) support/coordinate/promote three Community Emergency Response Team (CERT) training courses during year 2003 (4) plan for one annual community-based event that promotes safety and preparedness during the 2003- 04 budget year, and (5) collaborate with local emergency management personnel to 3 include volunteer coordination as a part of the Iredell County Emergency Operations Plan. 3. Request for Permission to Apply for a Community Emergency Response Team Program Grant in the amount of $10,000: During the briefing session, Emergency Services Director Tracy Jackson requested approval of this grant. (A total of $6,486 will be used to purchase equipment, and $3,514 will be used for supplies and other operating expenses.) The purpose of the CERT Program will be to (1) enhance the overall preparedness of Iredell County’s citizenry, (2) provide information about the CERT program and improve preparedness and safety, (3) utilize local agencies in the training, (4) collaborate with local agencies to promote/support Neighborhood Watch/Community Watch programs and Volunteers in Policing programs, and (5) obtain commitment from the citizen corp council and local emergency planning committee to support the CERT efforts/programs. 4. Request from the Downtown Statesville Development Corporation (DSDC) and the Statesville Convention and Visitors Bureau for Permission to Place a Historical Marker on a Site in Front of the Iredell County Government Center (Old Courthouse) in Conjunction with the Multi-State Civil War Trails Program: Support Services Director Vernon explained this request during the briefing. He said the monument placement would not require any funds from the county. A handout describing the Civil War Trails Program indicated that (1) Maryland and Virginia were already connected (2) North Carolina had over 100 sites and was in the beginning stages of the program (3) South Carolina and Georgia would follow after North Carolina (4) the program connected trail stops with the usage of highway directional signs, trailblazers, and other materials, and (5) the program’s information packet was the second most requested travel item in both Virginia and North Carolina. 5. Request for Approval of Budget Amendment #44 for the Appropriation of Funds from Capital Reserve to the Capital Project Fund for the Iredell County Government Center-South Project (Phase II — North Carolina Department of Environment & Natural Resources Upfit) in Order to Begin Demolition in the Area to be Leased: Support Services Director Vernon described this request during the briefing. The amendment and capital project ordinance are as follows. Account # | Existing | Change | Amended BA#44 Capital Reserve Fund 344880 499500 Appropriated Fund Balance | (2,742,682 (145,625) (2,888,307) 34080057604010904 | Transfer to capital project 145,625 145,625 NCDENR upfit | IREDELL COUNTY, NORTH CAROLINA CAPITAL PROJECT ORDINANCE ICGC-South/Phase Il/NCDENR Upfit 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, & renovations of the space to be leased to NCDENR located in the ICGC-South. Demolition $ 145,625 Total S_145,625 Section 2. Funds for this Capital Project Fund will be provided from the following sources. Transfer from Capital Reserve Fund $ 145,625 Total $145,625 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. 6. Request for Approval of Budget Amendment #45 in the Amount of $53,000 for the Purpose of Transferring Unspent Funds in the General Fund to the Capital Project Fund for HVAC (Chiller) Modifications at the Iredell County Government Center-South: Support Services Director Vernon described this request during the briefing. The amendment and capital project ordinance are as follows. Account # | Existing | Change _ | Amended BA#45 General Fund 100465 532500 Courts/Main & Repairs/Bldgs & Grounds | 217,214 | (53,000) 164,214 100800576040 Transfer to Capital Project Fund z 53,000 53,000 ICGC-South-Capital Project 404880495010 10040 | Transfer in from General Fund - (53,000) (53,000) 400480 580220 10040 | Construction Costs-Other 6605 53,000 59,605 | Iredell County, North Carolina Amended Capital Project Ordinance Iredell County Government Services Building - South Be it Ordained by the Board of County C ommissioners of Iredell County, North Carolina: Section 1. This capital project fund shall finance the cost of planning, design, and construction of the Iredell County Government Center-South. Professional Fees $ 220,500 Professional Fees-Other 17,122 Asbestos Removal 97,241 General Construction 1,523,498 Fixtures, Furniture & Equipment 88,084 Construction Costs-Other 59,605 Contingency - Retire HMA Promissory Note 1,900,000 Closing Costs of Financing 16,500 $ 3,922,550 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 Reserve Fund 250,000 Operating Transfer from General Fund 53,000 Contribution — Town of Mooresville 100,000 Interest Earned on Construction Fund 9,550 Section 3. This Capital Project Fund shall continue until the project is complete. Section 4. Payments from this C apital Project Fund shall be authorized by the County Manager or his designee. Section 5. Upon completion for 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. x * * * * Ts Request for a Discussion Regarding Riparian Buffer Permanent Rules for the Catawba River Basin: Recently, the Alexander County Board of Commissioners shared a letter that had been written to Governor Easley asking for further review of the referenced rules. The letter stated the Alexander officials were in support of regulations to improve water quality, but that the action should occur without imposing undue restrictions on the property owners. The Iredell County commissioners will send a similar letter. 8. Request for Approval of the May 20, 2003 Minutes 9. Request for Permission to Rescind the Board Action Made on May 20, 2003 to Accept the Low Bid and Award the Contract for a 12” Waterline Extension for the Millard Refrigeration/West Farm Development Project in the Amount of $126,620: The county manager explained during the briefing, that EnergyUnited Water had decided to pay for the referenced waterline. This action will free up the $126,620.00, and this amount will now be applied towards the million gallon water tank purchase. END OF CONSENT AGENDA APPOINTMENTS TO BOARDS & COMMISSIONS Carolinas Partnership (1 appointment): No nominations were submitted, and Chairman Johnson moved) to postpone the appointment until the June 17 meeting. VOTING: Ayes — 5; Nays — 0. Region F Aging Advisory Committee (3 appointments): No nominations were submitted, and Commissioner Norman Imoved| to postpone the three appointments until the June 17 meeting. VOTING: Ayes — 5; Nays — 0. Farmland Preservation Board (2 appointments): Commissioner Williams nominated Danny Allen and Rex Bell for reappointments. Commissioner Madison imoved| to close the nominations and appoint Allen and Bell by acclamation. VOTING: Ayes — 5; Nays — 0. Fire Tax District Board (1 appointment): Commissioner Norman nominated Earl Elmore for a reappointment. by Chairman Johnson to close the nominations and appoint Elmore by acclamation. VOTING: Ayes — 5; Nays — 0. Statesville Planning Board (ETJ) (2 appointments): Commissioner Madison nominated Pressley White and Skyler Little for reappointments. by Chairman Johnson to close the nominations and appoint White and Little by acclamation. VOTING: Ayes — 5; Nays - 0. Jury Commission (1 appointment): Commissioner Tice nominated Teresa Turner. MOTION by Commissioner Madison to close the nominations and appoint Turner by acclamation. VOTING: Ayes — 5; Nays — 0. Juvenile Crime Prevention Council (14 appointments): Commissioner Tice nominated Kathy Douglas, Steve Lane, John Crone, Cheryl Hilderbrand/Julie Gibson, Carrie Garvey, Carl Duncan, David Crosby, Angela Williams, Jean Moore, Marvin Norman, Judge Lynn Gullett, Ray Rabe, Pat Reichart, and Pam Navey. 6 OTION by Commissioner Madison to close the nominations and to reapppoint the 14 individuals. VOTING: Ayes — 5; Nays — 0. Mitchell Community College Board of Trustees (1 appointment): Commissioner Williams nominated Wally Riddle for a reappointment. MOTION) by Chairman Johnson to close the nominations and appoint Riddle by acclamation. VOTING: Ayes — 5; Nays — 0. Mooresville Planning Board (ETJ) (2 appointments): Commissioner Tice nominated Nancy Ham DeCaron and Delores Sink. by Commissioner Madison to close the nominations and appoint DeCaron and Sink by acclamation. VOTING: Ayes — 5; Nays — 0. Iredell County Planning Board (3 appointments): Commissioner Williams nominated Franklin Rash. Commissioner Tice nominated Kristi Pfeufer. Chairman Johnson nominated Alan Williams. by Commissioner Madison to close the nominations and appoint Rash, Pfeufer, and Williams by acclamation. VOTING: Ayes — 5; Nays — 0. Region F Emergency Medical Services Committee (1 appointment): Commissioner Madison nominated Debbie Rinehardt. by Commissioner Tice to close the nominations and appoint Rinehardt by acclamation. VOTING: Ayes — 5; Nays — 0. No nominations were to postpone the two appointments until Committee Nursing Home Adviso submitted, and Commissioner Madison the June 17 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (7 appointments): Commissioner Madison nominated Pamela Thompson. No other nominations were submitted, and Commissioner Tice to close the nominations, appoint Thompson by acclamation, and postpone the remaining six appointments until the June 17 meeting. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER’S REPORT: County Manager Mashburn reported on the following items. 2003 National Holstein Convention: The convention was held in Winston- Salem, N.C., and appreciation was expressed to Ken Vaughn, Iredell County’s 7 Cooperative Extension Director. The convention’s program was dedicated to Mr. Vaughn for his many years of assistance. Library Bid Opening on June 4, 2003: The bids will probably be presented to the commissioners on June 17. A groundbreaking was proposed by Mashburn at 4:00 p.m., on Tuesday, July 15, 2003. July Meeting Schedule: Traditionally, the board of commissioners has held one meeting in July due to the extra budget meetings in May and June. by Commissioner Johnson to cancel the July 1, 2003 meeting and to hold a library groundbreaking on July 15, 2003, at 4:00 p.m., with the regular agenda briefing to follow at 5:00 p.m., and the business meeting at 7:00 p.m. VOTING: Ayes — 5; Nays - 9. Appointment _of Finance Director Susan Blumenstein_as_ Acting County Manager: Mr. Mashburn recommended that Mrs. Blumenstein be appointed as the acting county manager from 7:00 a.m. to 7:00 p.m., on Friday, June 6, 2003. He said the reason for the request was due to a medical procedure he would be having on that particular date. by Commissioner Madison to appoint Susan Blumenstein as the Acting County Manager on Friday, June 6, 2003 (7:00 a.m. — 7:00 p.m.). VOTING: Ayes — 5; Nays - 9. CLOSED SESSION: by Commissioner Norman at 8:09 p.m., to enter into closed session for the purpose of discussing two economic development matters: G.S. 143-318.11(a) (4). VOTING: Ayes — 5; Nays — 9. (RETURN TO OPEN SESSION AT 8:52 P.M.) CALL FOR PUBLIC HEARING REGARDING PIT INSTRUCTION AND TRAINING, LLC: by Chairman Johnson to call for a public hearing on Tuesday, June 17, 2003 at 7:00 p.m. regarding an economic development incentive of $112,800.00, over a five-year period, for PIT Instruction and Training L.L.C., based on a $6 million investment in Iredell County. VOTING: Ayes — 5; Nays - 9. ADJOURNMENT: MOTION by Chairman Johnson at 8:53 p.m. to adjourn the meeting. NEXT MEETING: Thursday, June 5, 2003, at 6:00 p.m., for the purpose of reviewing the proposed budget (Iredell County Government Center, South Wing Conference Room, 200 South Center Street, Statesville, NC). VOTING: Ayes - 5; Nays - 9. A Approved: ___ Cyne 7 ZS be x Cee /y : ov Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS BUDGET WORK SESSION MINUTES JUNE 5, 2003 The Iredell County Board of Commissioners met for a Fiscal Year 2003-04 budget session on Thursday, June 5, 2003, at 6:00 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 Absent: Commissioner Madison was unable to attend the meeting. Staff present: Finance Director Susan Blumenstein, Inspections/Planning Director Lynn Niblock, and Clerk to the Board Jean Moore. Absent: County Manager Joel Mashburn was unable to attend the meeting. Call to Order by Chairman Johnson. Courts Budget: Clerk of Court Rena Turner joined the commissioners for this segment of the meeting. She requested the purchase of four work-station cubicles. Blumenstein said the increases in the courts budget were mostly due to the opening of the Hall of Justice Annex and the Government Center South facility. She said her office would obtain a cost estimate on the work stations for Mrs. Turner’s office and share the information at the June 10 meeting. Schools: Superintendent Dr. Terry Holliday and Finance Officer Terry Haas attended the meeting in regards to the Iredell-Statesville School System. Dr. Holliday said his purpose in being at the meeting was to insure the commissioners understood that full disclosure had been given about sales tax reimbursements to the school system. Blumenstein said sales tax information was included in the school system’s current expense budget request (page 21). She mentioned that overall, the county would receive about $625,000 less than what had been budgeted in sales taxes. Blumenstein said the stagnant economy, the change in the method of reimbursements (point of delivery vs. point of sale), and the change allowing refunds to schools, municipalities, hospitals and nonprofits were some of the reasons the county’s reimbursements would be lower. Holliday said that prior to the new law, many school systems ran their capital projects through the counties for the purpose of receiving the sales taxes. Request for Approval of Budget Amendment #45A: Mrs. Blumenstein requested approval of a budget amendment to recognize the receipt of beer and wine sales taxes. She said the amendment would appropriate $197,290 to the Iredell- Statesville School System and $44,099 to the Mooresville System. She distributed a handout that contained the following information to explain the request. May 2002: The 2002-03 budget submitted to the commissioners included State reimbursements of $3,113,120 and appropriated $761,904 to a contingency fund to provide up to a 3% increase in school current expense funding as reimbursements were received. Later, when the General Assembly eliminated reimbursements from the State budget, the commissioners instructed the staff to eliminate the $3,113,120 in the budget, eliminate the 7 $761,904 from contingency for the schools, and budget an interfund loan from the solid waste disposal enterprise fund of $2,351,215. October 15, 2002: The commissioners adopted a resolution to levy a third 2 cent sales tax beginning December 1, 2002. Commissioner Williams made a motion to adopt the resolution and Commissioner Bowles amended the motion to say that the sales tax would replace the amount budgeted as a loan from Solid Waste and for the difference to be appropriated to the schools. The General Fund budget was then amended as follows. Revenue Add: Article 44 Sales Tax $2,474,780 Deduct: Interfund Loan from Solid Waste (2,351,215) Net Increase in Revenue secaitenind Expenditures Add: Current expense appropriation [2s see The additional $123,565 has not been paid to the school systems. May 30, 2003: Beer and Wine revenues of $343,104 were received. The money was withheld from the counties during the prior fiscal year, and it was not budgeted for FY 2003-03. Receipts from the Article 44 Sales Tax are estimated to be 2,249,500 or $225,280 less than was anticipated when the budget was amended in October. The correct amount of appropriation to increase current expense to the schools, based on the understanding of the motion made on October 15, 2002 is: Article 44 Sales Tax 2,249,500 Beer & Wine Taxes 343,104 Total available 2,592,604 Less: Loan from Solid Waste (2,351,215) Current Expense Appropriation 241,389 Tredell-Statesville 197,290 Mooresville Graded 44,099 241,389 by Commissioner Tice to approve Budget Amendment #45A to recognize the receipt of beer and wine sales taxes and to decrease the expected revenue from the 4 cent sales tax. (The amendment will appropriate $197,290 to the Iredell- Statesville School System and $44,099 to the Mooresville System.) VOTING: Ayes — 4; Nays — 0. Dr. Holliday asked if the 1% of the 5% in capital outlay would be a recurring amount. He said that if the school system could depend on this amount it would help in capital planning. Holliday said the bids for the Certificates of Participation issuance ($24 million) were over budget. He said that if there were assurances the 1% continued in the future, the system could make sure the new school in the southern zone could accommodate 800 instead of 600 students. Commissioner Williams and Johnson both expressed concerns about making the commitment. Williams said it was uncertain as to whether or not the Public School Building Capital Fund money would ever be seen again. Dr. Holliday said an excellent compromise might be to direct that the beer and wine tax money be used for capital projects. He mentioned the system was having to cut $1.2 million out of the State budget. Commissioner Tice said that if the new school could accommodate 800 students, it would really help with the growth expected from the Lowes complex. MOTION by Commissioner Williams to return 1% to current expense and to direct that any future year beer and wine tax money be restricted to school capital. Ayes — 4; Nays — 0. Five-year Capital Projects Plan: Support Services Director Vernon said some of the smaller projects had been deleted from the capital projects plan proposed on March 18. He said the library bids opened on June 4 were well within the budget, and it might be best for the county to use a single-prime construction method. Commissioner Williams said a five-year layout showing the location of the governmental offices would be helpful. MOTION by Commissioner Johnson to adopt the Capital Projects Plan as presented with an emphasis being that the adoption of the plan pertained to the order in which the county was to proceed and the board of commissioners retained flexibility in the timeline. VOTING: Ayes — 4; Nays — 0. (The plan is incorporated into the minutes as Attachment A.) Planning & Enforcement Budget: Inspections and Planning Director Lynn Niblock, said his department needed more space, and the city had agreed to lease 697 sq. ft. in the city hall building (third floor). Niblock said the cost would be $3.48 a sq. ft., or $2,436 annually, and an addendum could be added to the contract. He said the additional space would allow for the consolidation of the addressing and subdivision areas and assist the current employees as well as the new planner position. Blumenstein said she could “tweak” the revenues to find the needed $2,500 for the extra space. IMOTION by Commissioner Tice to approve the planning and enforcement budget as proposed by the county manager with the exception of adding $2,500 in rent expense. VOTING: Ayes — 4; Nays -— 0. The following budgets were then reviewed. 410- Commissioners: No changes from manager’s proposed budget. 415- Administration: No changes from manager’s proposed budget. 420- Human Resources: No changes from manager’s proposed budget. 425- Elections: No changes from manager’s proposed budget. 430- Finance: No changes from manager’s proposed budget. 435- Tax Administration/Land Records: No changes from manager’s proposed budget. 445- Information Systems: No changes from manager’s proposed budget. 450- Register of Deeds: No changes from manager’s proposed budget. 457-Meeting St. Sevice Ctr.: No changes from manager’s proposed budget. 458-Government Ctr. South: No changes from manager’s proposed budget. 460-Vehicle Service Center: No changes from manager’s proposed budget. 465-Courts: Two changes (phones and cubicles) will be discussed at the June 10 meeting. 475-Economic Development: No changes from manager’s proposed budget. 485-Special Appropriations: It was mentioned that Big Brothers Big Sisters (BBBS) Executive Director J.C. Byers appeared before the board on June 3, 2003, requesting $5,000 annually for five years. Mrs. Blumenstein noted that three years ago 3 Mr. Byers requested $5,000 annually over a three-year period to assist with a mortgage payment. She said this was approved and the county had been annually funding the agency; however, last year it suffered a 4.5% ($4,775) cut back -- the same as all county departments and special appropriations. Blumenstein said that for FY 03-04, the manager had recommended $2,500 for the agency. Commissioner Williams said he would like for the BBBS to receive the $5,000. Rescue Squads: A question was asked about the formula used for the rescue squads. Blumenstein said that in the past, a cycle had been used where the squads were given the same of money for three years and then during the fourth year, the formula was recomputed. She said it was based on the area served and the number of calls. She said it might be time to establish a committee to review the funding formula. Vance House Restoration: Chairman Johnson said he would like to see the Vance House receive a one-time appropriation for its improvement project. MOTION) by Commissioner Williams to appropriate $2,500 to Big Brothers Big Sisters (this will bring the total to $5,000 for FY 03-04) and to appropriate $2,500 to the restoration of the Vance House. VOTING: Ayes — 4; Nays — 0. Note: The motion strictly pertains to budget year 03-04 for both agencies. Medicaid: Blumenstein said it was recently learned the county’s Medicaid share could be cut by $328,220. She said, originally, the county’s share had been budgeted at 15%; however, this could now be decreased to 8%. Adjournment: to adjourn at 9:15 p.m. by Chairman Johnson. Next Meeting: Tuesday, June 10, 2003, 6:00 p.m., Iredell County Government Center, (South Wing Conference Room) 200 South Center Street, Statesville, NC. VOTING: Ayes — 4; Nays — 0. { [- Approved: 4] fuss e. L. Wirt ) ee Clerk to the Board y, IREDELL COUNTY BOARD OF COMMISSIONERS BUDGET WORK SESSION MINUTES JUNE 10, 2003 The Iredell County Board of Commissioners met for a Fiscal Year 2003-04 budget session on Tuesday, June 10, 2003, at 6:00 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, and Clerk to the Board Jean Moore. Call to Order by Chairman Johnson. REQUEST FROM THE TOWN OF HARMONY FOR ADOPTION OF A RESOLUTION IN SUPPORT OF ROAD IMPROVEMENTS FOR SR 2133/CRANFILL ROAD: by Chairman Johnson to approve a resolution in support of road improvements for SR 2133/Cranfill Road as was requested by Harmony Town Mayor John Ray Camy ‘ell. VOTING: Ayes — 5; Nays — 0. RESOLUTION AUTHORIZING THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION & DIVISION OF HIGHWAYS TO GRADE, BASE, AND PAVE 0.35 MILES OF SR 2133, CRANFILL ROAD TO CONNECT TWO PAVED ROADS IN IREDELL COUNTY, THUS ELIMINATING A MAINTENANCE PROBLEM, USING URBAN DISCRETIONARY FUNDS WHEREAS, the North Carolina Department of Transportation and Division of Highways proposes to: Item 1 ($90,000): Grade, base, and pave 0.35 miles of SR 2133 (Cranfill Road) to connect two paved roads. This request is pursuant to a request by Mr. John Ray Campbell, Mayor of the Town of Harmony, and will be funded through the urban discretionary funds of Mr. Frank Johnson, a North Carolina Department of Transportation Board Member. THEREFORE, we the members of the Iredell County Board of Commissioners, the official governing body of Iredell County, North Carolina, do hereby authorize the North Carolina Department of Transportation and Division of Highways to improve SR 2133, Cranfill Road. IN WITNESS WHEREOF, we have hereunto authorized the Chairman to set his hand and cause the seal of the County of Iredell County to be affixed this 10" day of June 2003. * KKK OK COUNTY-WIDE FIRE DISTRICT FUND: Finance Director Blumenstein noted that $35,000 would be added to the 537700/Refunds of Taxes Paid line item due to an annexation error and Davis Community Hospital. Mrs. Blumenstein said no changes were being recommended for the county-wide tax rate of 5¢. Fire District Board Member Frank Phillips said the volunteer fire departments (VFDs) submitted line item budgets, and the estimated revenue from the five-cent tax was allocated to them on a needs basis. He said most VFDs were using some paid firemen. Phillips said one concern he had pertained to the physical plants of some departments. He mentioned that centralized purchasing might save money, and it wouldn’t cost the individual departments that much. He said the “biggest hurdle” would be to find someone to handle the purchasing. Commissioner Williams said the Fire Tax Board had a plan for trucks but not for the physical plants. Phillips said this probably needed to be worked on this year. Williams said that if the centralized purchasing occurred, he felt the departments in the voted districts should be included. County Manager Mashburn said the VED contracts would probably need something added pertaining to the purchasing method. Commissioner Norman asked how much was purchased in a year’s time. Phillips said around $3 million. EAST ALEXANDER FIRE DISTRICT: Blumenstein said the FY 03-04 tax rate for this department would be reduced from 4.25¢ to 3.5¢. MT. MOURNE FIRE DISTRICT: Blumenstein said the FY 03-04 tax rate for Mt. Mourne would remain at 3.25¢. (A total of $16,145 was recommended for capital reserve.) SHEPHERD’S FIRE DISTRICT: Mrs. Blumenstein said a $65,800 cut was made to the Shepherd VFD request, and this occurred in an effort to maintain the 4.25¢ tax rate. COURTS: Mrs. Blumenstein reviewed the Clerk of Courts request for four work station cubicles at the Hall of Justice, and five two-line phones at the Government Center South. Blumenstein gave the following quotes for the requests. 1) Two phone lines for Government Center South to be shared by five offices $ 250.00 — five 2-line phones 100.00 — one-time charge for line installations 960.00 ($80 per month for two lines — Clerk of Court Turner said long distance was not needed.) $1,310.00 investment for first year (County to provide inside wiring/jack termination for 28 voice & data lines to be activated in the future.) 2) Four cubicles, 80 inches high with doors for privacy Option A: $11,161-cubicles w/ walls only, using existing desks and seating Option B: $14,309-cubicles w/ work surfaces and existing seating Option C: $17,620-cubicles w/ work surfaces and new seating It was the consensus of the board members to pay for the phones ($1,310) using funds in the Government Center South budget (line item 458-5355.00/amount available $15,000). It was the consensus of the board members to delay the purchase of the cubicles, and perhaps approve a budget amendment later in FY 03-04. Due to the anticipated delay in the opening of the Government Center South building, the board members noted there would probably be some savings realized in contracted services (security guards). Any savings could then be applied towards the cubicle purchases. FACILITY SERVICES: An amended budget summary sheet (manager’s recommendation) was distributed. The revised budget showed an $11,870 savings found from contracting out for mowing services. The manager’s recommendation also eliminated one maintenance technician position. SOCIAL SERVICES: Mrs. Blumenstein said it was recently learned that additional space might be available at the Goldstein Building (Walnut Street). She said that at the present time, a section of the building was being leased to the social services department and more space was needed. MOTION by Commissioner Norman to add an additional $4,000 to the Social Services budget (rental) for the purpose of leasing additional space at the Goldstein Building with the understanding that $1,800 would be in county funds and the remaining $2,200 would be from State reimbursements. VOTING: Ayes — 5; Nays — 0. LIBRARY: County Manager Mashburn said that recently Mooresville Town officials had advised of an overpayment of funds for the Mooresville Library. He said that instead of Mooresville sending a refund, the Town officials had requested for the county to deduct $233,000 from the FY 03-04 appropriation. Mashburn requested that Finance Director Blumenstein amend the budget to show a $553,000 expenditure, and a revenue of $233,000 for the purpose of trying to maintain State funds. PARKS & RECREATION: No changes from manager’s recommended budget. TRANSPORTATION: No changes from manager’s recommended budget. 911 FUND: No changes from manager’s recommended budget. CAPITAL PROJECTS: County Manager Mashburn noted that when it was time to build the next cell at the landfill, there should be adequate funds available. SOLID WASTE: No changes from manager’s recommended budget. LAW ENFORCEMENT: Commissioner Tice said Sheriff Redmond had requested four new deputies. She mentioned these were “troublesome” times in the county, state, and nation, and she felt the request was justified. County Manager Mashburn shared a survey done by Cleveland County that indicated the current staffing at the sheriff's department was adequate enough to protect the county’s citizenry. Chairman Johnson said many of the deputies preferred to work overtime instead of having part-time jobs elsewhere. He said funds for overtime might be added to the budget rather than hiring more deputies. Commissioner Madison and Chairman Johnson then shared suggestions on how to reduce the manager’s proposed tax rate of 44.5¢. The suggestions included: cutting the schools’ appropriations from 5% to 4%, delaying the jail annex (Hwy 21 site) until next year ($303,000), reducing capital reserve by various amounts, and eliminating the four deputy positions and offering overtime instead. Chairman Johnson said he would like to reduce the tax rate, but leave the funding for the schools. Commissioner Tice again stressed the need for the four deputies. Tice said she could not agree to any suggestions unless the positions were included in the budget. Commissioner Madison asked how many more ad valorem dollars were in the proposedgmudget compared to the one for 2002-03. Blumenstein said $6.3 million, or there was a 12.6% increase. 3 It was noted that the overall budget could already be decreased by: $326,200 in Medicaid, $233,000 for the Mooresville Library, and $11,870 for Facility Services. The board members agreed to allow the manager and finance director to review the budget and work up some options on ways to reduce the tax rate. ADJOURNMENT: MOTION by Chairman Johnson to adjourn the meeting at 9:45 p.m. (Next Meeting: Thursday, June 12, 2003, at 7:00 p.m., South Wing Conference Room/Iredell County Government Center, 200 South Center Street, Statesville, NC.) VOTING: Ayes — 5; Nays — 0. A. Approved: Welly, /5, Ave Mian LDV. Clerk to the Board is IREDELL COUNTY BOARD OF COMMISSIONERS BUDGET WORK SESSION MINUTES JUNE 12, 2003 The Iredell County Board of Commissioners met for a Fiscal Year 2003-04 budget session on Thursday, June 12, 2003, at 7:00 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. $390,000 SCATTERED SITE HOUSING GRANT: by Commissioner Madison to approve an Interlocal Agreement/Resolution Between Iredell County & the Statesville Housing Authority for the Administration of a Community Development Block Grant (Scattered Site Housing Grant) & a Signatory Resolution. VOTING: Ayes — 5; Nays - 0. Interlocal Agreement Between Iredell County & the Statesville Housing Authority for the Administration of a Community Development Block Grant (Scattered Site Housing Grant) WHEREAS, General Statute 160A-461 authorizes local governments to enter into intergovernmental agreements when such agreements provide efficiencies and promote governmental cooperation; and WHEREAS, Iredell County is the recipient of a $390,000 CDBG Scattered Site Housing Grant; and WHEREAS, the Statesville Housing Authority is a governmental unit established by the City of Statesville and its members are appointed by the Mayor; and WHEREAS, the Statesville Housing Authority has been deemed to be the most efficient provider of public housing for the citizens of Statesville and Iredell County. NOW, THEREFORE, BE IT RESOVLED by the Iredell County Board of Commissioners that the Statesville Housing Authority shall be granted the authority to carry out the administration of the CDBG Scattered Site Housing Grant under the following conditions: 1. The Statesville Housing Authority shall advertise in the name of the County any public hearings that must be held under the program regulations and shall hold such hearings before the Iredell County Board of Commissioners in accordance with program guidelines. 2. The Statesville Housing Authority will act as the county’s agent in representing the county with the NC Division of Community Assistance and other housing agencies as required in the administration of the C DBG Scattered Site Housing Grant. 3. The Statesville Housing Authority will cooperate with the Iredell County Finance Department in making timely reports to the controlling entities. 4. The Statesville Housing Authority agrees to administer the CDBG Scattered Site Housing Grant in accordance with program regulations for $30,000.00, the amount included in the grant for this purpose. 5. Should program income from any source be inappropriately obligated by the Statesville Housing Authority on behalf of the County, the Statesville Housing Authority shall bear sole responsibility for any repayment or penalties that may arise from that action. 6. Statesville Housing Authority shall be responsible for any penalties that accrue as a result of untimely or inaccurate reporting. Should this agreement be terminated for any reason, the Statesville Housing Authority shall be responsible for all closeout activities for the grants they have administered on behalf of the County. *e ee * IREDELL COUNTY RESOLUTION FOR SIGNATORY FORM AND CHECK SIGNATURES FORA COMMUNITY DEVELOPMENT BLOCK GRANT WHEREAS, in order to receive Community Development Block Grant funds, Iredell County must authorize persons to sign the requisition forms for Community Development Block Grant funds and checks for the Iredell County Community Development Block Grant Program. BE IT RESOLVED that Joel R. Mashburn, County Manager, and Susan G. Blumenstein, Director of Finance and Administration be authorized to execute the signature requirements for requisition of Community Development Block Grant funds and checks for disbursement. BE IT FURTHER RESOLVED, the authorization is to be effective on June 12, 2003. xskek eK CREATION OF THE OFFICE OF EMERGENCY MANAGEMENT (100538): Mrs. Blumenstein said that due to the abundance of Homeland Security grants, she was recommending that a separate department and budget be created. She said the grants would be easier to track if this occurred. Blumenstein said no additional funding would be needed, and the communications and emergency medical services budgets would be adjusted to fund the office. The 2003-04 budget for the Office of Emergency Management will be as follows: Salaries & Wages Regular $105,075 FICA Tax 8,040 Employee Group Health Insurance 7,920 State Retirement & 401K 10,505 Dues and Subscriptions 50 Insurance & Bonds 980 Postage 300 Rental Payments/Equipment 220 Supplies/Dept./Misc. 1,000 Supplies/Dept./Misc. (grants) 28,543 Telephone 1,105 Training & Development 450 Travel 2,400 Uniforms 250 Contracted Services/Other 10,000 Non-depreciable assets 3,500 Non depreciable assets (grants) 8,965 $189,303 CONTINGENCY: Chairman Johnson asked the amount that was in the 2002- 03 contingency fund. Blumenstein said $200,000 was budgeted, and $95,725 had been spent. Johnson reminded everyone that the communications task force had been discussing an 800 mhz system, and that any improvements to the ECOM Center would be expensive. He said Weapons of Mass Destruction grants had been available to fire departments in the past, and the Statesville Fire Department was willing to serve as the 2 lead agency if more grants became available. Johnson said that if local monetary matches were needed, the money might be provided out of the contingency fund. NEW LIBRARY BIDS: Commissioner Madison mentioned the new library project and the low bids. He asked if the county had clauses in the construction contracts indicating that the usage of illegal aliens would be prohibited. Mashburn said the low bidder’s credentials were being checked, and he would specincally check into this matter. FY 2003-04 BUDGET: Discussions centered on methods or options available to reduce the manager’s proposed tax rate of 44.5¢ to 43.5¢. In reference to the sheriffs request for four new road deputies, County Manager Mashburn said it took that many employees to provide the coverage of one deputy for a full 24-hour period. Finance Director Blumenstein provided two options to reduce the tax rate. She said Option A would leave the fund balance at $11,946,312, or 10.88% of total expenditures, and Option B would leave the fund balance at $1 1,864,137 or 10.80% of total expenditures. Blumenstein said the FY 02-03 budget had a 10.79% fund balance. It was the consensus of the board members to approve Option B which is as follows: 2003-2004 Budget Changes OPTION B Revenue Expenditures Manager’s Recommended Budget $110,737,630 | 110,737,630 Add: Additions to Grants Increase in JCPC Grant 9,415 9,415 Weapons of Mass Destruction Grant 37,508 37,508 Other Additions Seized funds for Sheriff's SUV 6,300 Big Brothers/Big Sisters 2,500 Vance House Restoration 2,500 Inspections Dept. Rent 2,500 2,500 Mooresville Library Repayment 233,000 DSS Admin. Reimbursement (for rent) 2,200 4,000 Sheriff's Dept. — 4 deputies for 9 months 96,510 Sheriff's Dept. — Vehicles & other equipment for 4 deputies 175,960 Additional Fund Balance Appropriation 82,175 Deductions: Animal Control-truck instead of SUV (9,000) Sheriff's Dept. — Eliminate MP5s (7,000) Fire Marshal Inspection Fees (17,300) Jail Annex (628,815) Medicaid Decrease (328,000) Facility Services-substitute mowing contract for a new person (11,870) Transfer to Capital Reserve Fund (250,000) Reduce tax rate to 43.5 (1,259,590) $109,833,838 | 109,833,838 Fund balance = $11,864,137 or 10.80% of total expenditures ADJOURNMENT: MOTION by Chairman Johnson to adjourn the meeting at 7:35 p.m. VOTING: Ayes — 5; Nays - 0. (\ : Approved: dag Lg, 463 \ A Ldn L Zire Mas to the Board ; IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES JUNE 17, 2003 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, June 17, 2003, 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Office of Emergency Management Director Tracy Jackson, Emergency Medical Services Director Lee Darnell, Transportation Director Ben Garrison, Library Director Steve Messick, Social Services Director Don Wall, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. DISCUSSION ON THE BIDS FOR THE NEW LIBRARY (Captioned in the Regular Minutes as a Request for Approval to Pursue Completion of the Lower Level of the New Library and to Obtain a Cost Assessment): County Manager Mashburn said construction bids were opened on June 4, 2003 for the new library, and they were significantly lower than what was anticipated. (The staff had estimated the construction to cost around $4.8 million. The combined total for the lowest multi-prime bidders was $3,823,547 or a difference of $976,453 from the estimated cost, and the total for the single-prime bid (lowest bidder) was $3,905,708 or an $894,292 difference from the budgeted amount.) Mashburn said B.H. Bryan Construction (general contractor) was the low bidder in each construction method. Support Services Director Vernon said the State licensing board had been contacted about any complaints, charges, or liens filed against the low bidder (general contractor) and nothing surfaced. Vernon said he also talked with county inspectors about the company’s performance, along with area architectural firms, and everyone gave favorable comments. Mr. Mashburn said the low bidder’s references had been thoroughly checked, and the library architect was pleased with the company’s capabilities. Mr. Mashburn said that due to the bids coming in lower than expected, he was seeking permission from the board to allow the architect to design the facility’s lower level and to provide cost estimates. Library Director Steve Messick said the additional design work could be ready in ten days. Commissioner Williams asked if the scope of the project could be changed. Finance Director Blumenstein said yes, assuming the county used the low bidder. Commissioner Madison asked how long the bids were valid. Messick said through July 19. Mr. Mashburn said the county had the right to deny all bids at this point. Mashburn said he was assuming the county would use the single-prime method. He said that if the multi-prime method were chosen, all of the low bidders would have to be contacted about the additional work in the building’s lower level. Vernon said the single-prime method was “cleaner.” He said, “A general contractor could only go so far in multi-primes.” Vernon said a multi-prime project was more difficult, even though it was less expensive. He said there was an $80,000 difference between the two methods for the project. Mashburn said the general contractor assumed more responsibility in a single- prime method. Commissioner Madison voiced concerns about wasting $80,000. Mashburn said the county could perform the project using the multi-prime method. He said the staff was recommending that (1) the awarding of the contract be delayed (2) permission be granted to obtain the design work for the lower level and (3) permission be given to negotiate with the low bidders about the additional work. UPDATE ON THE IREDELL COUNTY GOVERNMENT CENTER- SOUTH (ICGC-S) CHANGE ORDERS & CONTINGENCY ACCOUNT: Support Services Director Vernon said that when the ICGC-S architectural contract was approved, the board requested updates on the amount of contingency being used in the project. He said the contingency account had been depleted and $24,053 had been used from the Furniture/Fixtures/Equipment account. Vernon then described the following change orders and miscellaneous expenses. e Account Reason Amount G-1 Contingency Unknown existing $ 11,790 conditions G-2 Contingency Unknown existing 17,675 conditions G-3 Contingency Unknown existing 2,260 conditions G-4 Contingency Unknown existing 4,492 conditions G-5 Contingency Unknown existing 14,738 conditions G-6 Contingency Unknown existing 4,477 conditions G-7 Contingency & Unknown existing 15,852 Depreciable assets _| Conditions G-8 Contingency Unknown existing 3,314 conditions G-9 General Fund Transfer | Demolition of 3°/4"| 145,625 floors/DENR Total change orders $220,220 Total without DENR demolition = $74,595 Miscellaneous expenses (not part of construction contract) 1. Asbestos removal 4" floor for DENR project) 10,000 2. Misc. repairs to plumbing/HVAC piping not in contract scope of work (completed by Parlier Plumbing) 12,137 3. Asbestos removal completed prior to construction 67,600 4. Asbestos removal found during construction (contingency) 29,641 5. Roof repairs from contingency 6,605 Upcoming work to be done -- change orders not processed 1. Repairs to HVAC chiller/cooling tower 49,445 2. Change orders verbally approved 1,881 Vernon predicted the facility would be ready to open in mid-August. ADJQURNMENT: Chairman Johnson adjourned e briefing at 6:15 p.m. Approved: i ww FZ ~ilan 6 7V)e7ric / fi} Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES JUNE 17, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, June 17, 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, Solid Waste Management Director Ron Weatherman, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. INVOCATION by Commissioner Norman. PLEDGE OF ALLEGIANCE ADJUSTMENTS TO THE AGENDA: by Chairman Johnson to approve the following agenda adjustments. Deletion: Economic Development Closed Session — G.S. 143-318.11(a) (4) Addition: Announcement of a Vacancy on the Mitchell College Board of Trustees VOTING: Ayes — 5; Nays -— 0. APPOINTMENT BEFORE THE BOARD Mr. Jim Woodie Presents the Three-Year Update to the Ten-Year Iredell County Solid Waste Management Plan & Requests that a Resolution be Adopted Approving the Update: Jim Woodie, with the Municipal Engineering Company, said the Ten-Year Solid Waste Management Plan was mandated by the State of North Carolina and three-year updates were required. He said the plan included all of the municipalities in the county, and it described methods of source reduction, collection, recycling/reuse, and educational components for the general public and school-age children. Woodie said the county’s method of disposal was a Subtitle D landfill, and the site accepted some “specialty” wastes such as tires, white goods, motor oil, household hazardous wastes, and lead acid batteries. Mr. Woodie said disaster response materials or “green wastes” were also accepted when flooding, hurricanes, or severe storms occurred in the area. He said that in a year’s time, 170,000 tons of solid waste were disposed of at the landfill, and this ranked Iredell County as the 11" highest waste management facility in the State. Mr. Woodie said there had been a 7.3% reduction in waste disposal since the county’s plan was adopted in 1997. He also said the county had a litter control officer who helped in the prevention of illegal dumping and littering. MOTION by Commissioner Tice to adopt the resolution approving the three-year update to the Ten-year Solid Waste Management Plan. VOTING: Ayes — 5; Nays — 0. RESOLUTION TO CONTINUE PARTICIPATION IN THE IREDELL COUNTY SOLID WASTE PLAN WHEREAS, better planning for solid waste will help protect public health and the environment, provide for an improved solid waste management system, better utilize our natural resources, control the cost of solid waste management; and WHEREAS, North Carolina General Statutes 130A-309.09A (a) (b) require each unit of local government, either individually or in cooperation with other units of local government, to develop a ten (10) year comprehensive solid waste management plan; and WHEREAS, the ten (10) year solid waste management plan must periodically be updated; and WHEREAS, Iredell County is represented on the Iredell County Natural Resources Committee, the advisory body for the planning process, and will be actively involved in the planning process. NOW, THEREFORE, BE IT RESOLVED that Iredell County hereby agrees to participate in the Iredell County Solid Waste Plan and the update process. Adopted, this the 17" day of June 2003. PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Consideration of an Economic Development Incentive for PIT Instruction & Training, LLC: Economic Developer Melanie O’Connell Underwood said PIT Instruction & Training (PIT) was a facility that trained racing car pit crews and athletes. She said PIT had purchased the 5 OFF 5 ON Company located in the Lakeside Business Park, but there were plans for a new facility to be built in the Talbert Pointe Business Park. Underwood said the company was eligible for a $112,800.00 incentive from the county. Tom DeLoach, a managing partner in the company, said a five-acre tract of land in the Talbert Pointe Business Park had been purchased for the construction of a 24,000 sq. ft. building. He said a $6 million investment in the county would occur, and when the company was fully-operational, it would employ 10-12 full-time employees and 20-40 part-time. DeLoach said it was expected the number of employees would double or triple in the next few years. Mr. DeLoach said the intent of the company was to provide training for pit crews, athletes, and to offer corporate entertainment, trade shows and seminars. Chairman Johnson adjourned the hearing. by Commissioner Norman to approve the $112,800.00 economic incentive, over a five year period, based on the company’s $6 million investment in the county. VOTING: Ayes — 5; Nays — 0. CONSENT AGENDA by Commissioner Williams to approve the following fourteen (14) consent agenda items. VOTING: Ayes — 5; Nays — 0. i. Request from the Iredell-Statesville School System for Approval of a 2002-2003 Capital Outlay Amendment: Iredell-Statesville Finance Officer Terry Haas explained during the briefing that this amendment would provide for year-end projects requested by the system’s maintenance department, and it would (1) recognize $88,176 from a 2002-03 sales tax refund (2) recognize a $5,700 sales tax refund for 2001-02 (3) recognize a $6,300 IBM rebate, and (4) recognize a $25,000 payment from the Mooresville School System for the bus garage addition. 2. Request for Approval of the May 2003 Refunds & Releases: Tax Administrator Bill Doolittle requested approval of the following refunds and releases during the briefing. oe MAY 2003 TAX RELEASES & REI Releases County 37,622.68 Solid Waste Fees 157.97 0 East Alexander Co. Fire #1 1.09 0 Shepherd’s Fire # 2 68.10 0 | Mt. Mourne Fire # 3 51.54 0 | All County Fire # 4 1,650.59 125. Statesville City 13,384.56 | 0 Statesville Downtown 8.56 0 | Mooresville Town 5,062.95 | 0 Mooresville Downtown 0 a. 0 a Mooresville School 1,351.74 | 0 ee 4 Love Valley 0 0 Harmony 0 me 0 — 38.99 0 Total $ 59,398.77 | 8 ia? 3. Request for the Authorization to Allow the Transportation Director to Sign Iredell County Area Transportation System Contracts with Local Human Service Agencies (Council on Aging, Kidney Dialysis, Social Services, Vocational Workshop, Elder Center, LifeSpan, I-CARE, NC Services for the Blind, Crossroads Behavioral Healthcare, Statesville & Mooresville Brian Centers, and the Genesis ElderCenter): During the 5 o’clock briefing, Transportation Director Ben Garrison said the annual transportation contracts had been reviewed by the county attorney, and they were in order for approval. County Manager Mashburn mentioned during the briefing that due to the program’s funding (state and federal grants), there wasn’t much leeway in the contracts for mileage reimbursement negotiations. 4. Request for the Adoption of a Drug Free Workplace Policy for the Iredell County Area Transportation System: Transportation Director Garrison explained during the briefing that the county already had a drug-free workplace policy, but the one he was proposing was specific to transportation services. Garrison said the transportation policy adhered to Federal Transit Administration requirements, and this was necessary due to his program being predominantly funded with federal and state moncy. He said in fact, the State would pay the costs for the drug testings. Garrison said a State template was available to local programs to develop their policies, and he had used this to develop the county’s document. 5. Request for Approval of the Iredell County Emergency Medical Services Plan: At the briefing, EMS Director Darnell requested approval of the EMS plan that had to be submitted to the State Office by July 1, 2003. Darnell said the plan included medical protocol, procedures, and policies that had previously been approved by the Medical Director, the EMS Director, and the Quality Management Committee. Note: During the June 3, 2003 meeting, Darnell said his department was pursuing a Baseline EMS System at the present time due to the additional costs, training and resources needed to meet the Model EMS designation. He said, however, the Model EMS System designation would be a goal for 2004-05. 6. Request for Approval of a Medical Director Contract for the EMS Department: EMS Director Darnell explained during the briefing that the department’s medical director contract was with Dr. Steven G. Folstad for a term extending from July 1, 2003 through June 30, 2004. 7. Request for Approval of Budget Amendment #45B for the EMS Department to Use Donated Funds of $1,260 for the Purchase of Equipment Items: EMS Director Darnell requested permission during the briefing to use $1,260 for the purchase of the following items: * Two Sony Mavica digital cameras $ 800 (These will be used in the quick response vehicles to take photos of incidents to document “mechanisms of injury.”) * Outreach tools to be used when EMS is asked to speak or attend public functions (balloon rally, fiesta day, etc.) $ 1,260 8. Request for Approval to Pursue Completion of the Lower Level of the New Library and to Obtain a Cost Assessment: (see briefing minutes for an explanation on this item) 9. Request for Approval of Budget Amendment #45C for the Approval of a Proposal to Renovate the Current Library Facility Using funds from Contingency: Support Services Director Vernon said at the briefing session that Architect Chuck Goode had given a $37,650.00 fee estimate for the architectural services and the hiring of consulting engineers for the renovations of the Water Street Library Facility. Vernon said that upon completion of the new library, the 17,830 sq. ft. building on Water Street would be converted into space for the tax and election offices. Mr. Vernon said that if the county changed the scope of the project, additional services would be at an hourly rate of $50.00/hr. for drafting time and $85.00/hr. for architectural time. 10. Request for Approval of Budget Amendment #45D in the Amount of $25,000 to Reflect Additional Funding for the Social Services’ Crisis Intervention Program: Don Wall, the Social Services Director, said during the briefing that an additional $25,000 in Crisis Intervention funding had been received. (The amendment will allow for the funds to be spent.) 11. Request for Approval of Legg Mason, Inc., as the Underwriter for the 2003 Certificates of Participation (COPs): Finance Director Blumenstein requested during the agenda briefing that an underwriter be selected for the 2003 COPs. Blumenstein said the issuance would be used to finance school construction, and the underwriter’s role would be to structure the financial transaction, assist with presentations to rating agencies, negotiate with bond insurers, and market the certificates. Mrs. Blumenstein said requests for proposals were sent to five underwriters and four responded. She said the proposals had been reviewed, and she recommended the Legg Mason group for the work. (The four companies that responded are as follows.) Fees are stated for each $1,000 in bonds. Management Average Estimated Total Fee Takedown Expenses BB&T Capital Markets $.40 $4.00 $.85 $5.25 Banc of America 50 4.75 .80 6.05 Citigroup 50 4.75 .95 6.20 Legg Mason 29 3.20 .78 4.23 12. Request for Approval of Budget Amendment #46 to Recognize Payments for Property Insurance Claims: During the briefing, Blumenstein said additional reimbursements totaling $36,043 had been received in property insurance claims filed this fiscal year. She said Budget Amendment #46 would appropriate the funding to the departmental expenditure line items. 13. Request for Approval of Budget Amendment #47 for the Transfer of Funds Between Two Departments: During the briefing, Blumenstein said there had been increase this year in advertising costs (public hearings/grant advertisments/ads seeking volunteers for committees) in the commissioners’ budget. She said there had also been an increase in the purchase of supplies and in training and development. Blumenstein said some funding could be shifted from within the commissioners’ budget and that $1,615 could be transferred from the manager’s budget. She said the amendment would not involve any new money. 14. Request for Approval of the Minutes for May 22, 2003 (budget session), May 27, 2003 (budget session), June 3, 2003 (briefing/regular mtg.), June 5, 2003 (budget session) END OF CONSENT AGENDA 4 Request for Approval of the FY 2003-2004 Iredell County Budget Ordinance: County Manager Mashburn said that on May 20, 2003, he presented the recommended financial is was an 11.3% increase red to fund his budget ncluded the changes 9,833,840. He said a plan for the upcoming year in the amount of $1 10,737,630.00, and th over the 2002-03 budget. He said the tax rate that would have been requi was 44.5¢. Mashburn said, however, the budget now being proposed i requested by the board members during the work sessions, and it totaled $10 43.5¢ tax rate would be required. Finance Director Blumenstein then summarized the following changes made to achieve the 43.5 tax rate. 2003-2004 Budget Changes Revenue Expenditures Manager’s Recommended Budget $110,737,630 110,737,630 Add: Additions to Grants Increase in JCPC Grant 9,415 9,415 Weapons of Mass Destruction Grant 37,508 37,508 Other Additions Seized funds for Sheriff's SUV 6,300 Big Brothers/Big Sisters 2,500 Vance House Restoration 2,500 Inspections Dept. Rent 2,500 2,500 Mooresville Library Repayment 233,000 DSS Admin. Reimbursement (for rent) 2,200 4,000 Sheriff's Dept. — 4 deputies for 9 months 96,510 Sheriff's Dept. — Vehicles & other equipment for 4 deputies 175,960 Additional Fund Balance Appropriation 82,175 Deductions: Animal Control-truck instead of SUV (9,000) Sheriff's Dept. — Eliminate MP5s (7,000) Fire Marshal Inspection Fees (17,300) Jail Annex (628,815) Medicaid Decrease (328,000) Facility Services-substitute mowing contract for a new person (11,870) Transfer to Capital Reserve Fund (250,000) Reduce tax rate to 43.5 (1,259,590) $109,833,838 109,833,838 (Rounded off to (Rounded off to $109,833,840) $109,833,840) Fund balance = $11,864,137 or 10.80% of total expenditures by Commissioner Madison to adopt the FY 2003-04 Iredell County Budget Ordinance. VOTING: Ayes — 5; Nays - 0. BUDGET ORDINANCE 2003 - 2004 IREDELL COUNTY, NORTH CAROLINA Be it ordained by the Board of Commissioners of Iredell County, North C arolina: Section 1. The following amounts are hereby appropriated in the General Fund for the operation of the County Government and its activities for the fiscal year beginning J uly 1, 2003, 5 and ending June 30, 2004, in accordance with the chart of accounts heretofore established for this County: for Fiscal Year beginning Jul County Commissioners Administration Human Resources Elections Finance Tax Admin & Land Records Information Systems Management Register of Deeds Facility Services Meeting Street Service Center Iredell County Government Center-South Vehicle Service Center Courts Legal Economic Development General Governmental Special Appropriations Sheriff's Department CJPP Jail Fire Marshal Emergency Medical Services Office of Emergency Management Emergency Communications Animal Control Planning & Enforcement Cooperative Extension Service Health Department Human Services Building Crossroads Behavioral Healthcare Social Services Administration Veterans Service Library Recreation & Parks School Funding Debt Service Other Financing Uses Total Expenditures-General Fund Section 2. It is estimated the following revenues will be available i y 1, 2003 and ending June 30, 2004. Taxes: Ad Valorem-Current Ad Valorem-Delinquent Tax Penalties & Interest Local Option 1-Cent Sales Tax 1983 Local Option /¢ Sales Tax 1986 Local Option ¢ Sales Tax 2002 Local Option “¢ Sales Tax Interest on Investments ABC 5¢ Bottle Tax Cable TV Tax Tax Collection Fees $ 101,230 281,110 306,960 385,640 603,235 2,533,309 776,042 1,035,659 1,164,890 64,360 376,875 179,365 706,125 76,000 1,138,545 1,022,025 1,392,410 7,662,350 121,930 4,118,495 369,055 3,321,228 189,305 1,193,830 744,105 2,092,250 349,430 5,583,484 246,560 505,995 22,135,462 92,545 2,282,074 912,585 44,266,812 502,565 1,000,000 $109,833,840 $54,792,165 1,600,000 403,000 11,113,000 4,920,000 4,864,125 4,500,000 600,000 25,000 415,130 357,100 n the General Fund Court Facility Fees 355,000 Register of Deeds Fees 2,377,500 Planning & Enforcement Fees 3,080,700 Health Department Revenues 2,881,945 Social Services Revenues 11,615,215 Other Financing Sources 1,090,675 Other Revenues 4,653,340 Appropriated Fund Balance 189,945 Total Revenue-General Fund $109,833,840 Section 3. There is hereby levied a tax rate of $ .435 per One Hundred Dollars Valuation of property listed for taxes as of January 1, 2003. Total property valuation for ad valorem tax purposes for the 2003-2004 fiscal year is estimated to be $13,146,752,109. The tax collection rate for fiscal year 2003-2004 is estimated to be 95.81%. Section 4. Schedule B taxes shall be levied in accordance with the North Carolina Revenue Act. Section 5. All ABC — 5 cents Bottle Tax Revenues received from Code 347-01 of the - 2003-2004 General Fund Revenues are hereby designated to support the County’s 2003-2004 appropriation designated for alcoholic rehabilitation programs. Section 6. Capital Outlay funds are appropriated to the two school units as follows: Mooresville Iredell-Statesville | Graded School Schools District Total Restricted Sales Taxes $ 3,591,605 $ 802,870 $ 4,394,475 7¥%2¢ Ad Valorem Tax 8,017,605 1,429,320 9,446,925 Interest on Financing 240,000 130,000 370,000 Totals $11,849,210 $2,362,190 $14,211,400 Capital Outlay appropriated by the Board of Commissioners is to be expenued for the following categories as contained in G.S. 115C-426(f): (1) Acquisition of land (2) Building acquisition and construction (3) Acquisition or replacement of furnishings and equipment (4) Acquisition of school buses (5) Acquisition of activity buses Approved Capital Expenditures for the two school units are as follows: Iredell-Statesville Schools Debt Service on G.O. Bonds $ 1,597,395 Debt Service on 2000 COPs 3,498,265 Debt Service on 2001 Installment Loan 487,010 Debt Service on 2002 Refunding Bond 1,163,835 Interest on 2003 COPs 720,000 Roofing 325,000 Annual Renovations 763,000 Bus Garage Addition 500,000 Paving 100,000 Boiler/HVAC 156,000 Waste Water 600,000 Mobile Unit Set-up 200,000 Furniture 235,000 Furniture/Equipment-Athletics 27,000 Furniture/Equipment-Fine Arts 39,000 Furniture/Equipment-Science 20,000 Furniture/Equipment-Career Tech 25,000 Furniture/Equipment-Child Nutrition 32,000 Surveillance Cameras 110,000 Technology 175,000 Buses (5) 585,000 % Maintenance Vehicles 80,000 Future School Construction Projects 410,705 Total — Iredell-Statesville Schools $11,849,210 Mooresville Graded School District Debt Service on G. O. Bonds $ 369,955 Debt Service on 2000 COPs 579,785 Interest on 2003 COPs 325,000 Design Phase for New School 200,000 | Mooresville High Renovations & Equipment 23,000 ) N.F. Woods Remodel Vacated Classes 50,000 Mooresville Middle School Projects 132,000 Mooresville Intermediate School 30,000 Parkview Renovations 100,000 South Renovations & Equipment 40,000 Mobile Unit Set-up 25,000 County Bus Garage Addition 25,000 ADA Compliance-system wide 7,000 Central Services Repairs 5,000 Technology 125,000 School Furniture & Equipment 80,000 Child Nutrition Equipment 25,000 Custodial/Maintenance Equipment 25,000 Transportation Equipment 5,000 Band Instruments 20,000 Telephone System Replacements 15,000 BASP Equipment 3,000 Copier Replacement 15,000 Future Capital Projects 137,450 Total-Mooresville Graded Schools $2,362,190 Deviation of more than 10% from approved Capital Expenditures will require prior approval from the Iredell County Board of Commissioners. Section 7. Appropriations are made to Mitchell Community College in the 2003- 2004 budget as follows: Current Expense $1,689,840 Capital Outlay 604,795 Interest on COPs 25,000 Total — Mitchell College $2,319,635 Section 8. In order to carry out their duties, copies of this Budget Ordinance shall be furnished to the County Commissioners, the Finance Officer, and the Clerk to the Board. Section 9. The Budget Officer is hereby authorized to transfer appropriations within a fund as contained herein under the following conditions: (a) (b) (c) (d) (e) The Budget Officer may transfer amounts between objects of expenditure within a department except that no transfers shall be made into or out of salaries without approval by the Board of County Commissioners. The Budget Officer may transfer amounts up to $1,000 between departments of the same fund with an official report on such transfer at the next regular meeting of the Board of Commissioners. The Budget Officer may transfer amounts into the salary accounts of any department in order to effect merit increases from funds appropriated for that purpose by the Board of Commissioners. The Budget Officer may transfer amounts between the departments operated under the authority of the Sheriff of Iredell County. The Budget Officer may expend up to $100,000 for emergency needs when the chairman has declared a state of emergency. Section 10. Iredell County officials and employees will be reimbursed at a rate equal to the IRS mileage reimbursement rate for authorized travel on behalf of the county. Section 11. The Board of County Commissioners hereby authorizes the Iredell County Tax Collector to collect taxes for the City of Statesville, Town of Mooresville, Mooresville Graded School District, Town of Harmony, Town of Love Valley, and Town of Troutman, in compliance with contracts adopted by the respective two governing boards. A charge of one and one-half (1 1) percent of all taxes collected for the taxing districts will be payable to Iredell County for the collection services. Section 12. The 2003-2004 tax rates for the fire districts are levied as follows: Shepherds 4.25 cents per $100 of valuation Mt. Mourne 3.25 cents per $100 of valuation East Alexander 3.50 cents per $100 of valuation County-wide 5.00 cents per $100 of valuation The estimated collection rate for the four fire districts is 95.21%. Fiscal year 2003-2004 property valuations within the fire tax districts for ad valorem tax purposes is estimated to be as follows: Shepherds $ 875,143,353 Mt. Mourne 830,198,330 East Alexander 93,166,591 County-wide 6,340,043,195 Section 13. _ The following amounts are to be appropriated for the four fire districts for fiscal year beginning July 1, 2003 and ending June 30, 2004. Shepherds $ 416,450 Mt. Mourne 273,495 East Alexander 32,145 County-wide 3,213,355 It is estimated the following revenues will be available for the four fire tax districts for the fiscal year beginning July 1, 2003 and ending June 30, 2004. Shepherds Fire Tax District Current Ad Valorem Taxes $354,120 Delinquent Ad Valorem Taxes 9,100 Tax Penalties & Interest 2,230 Investment Earnings 1,000 Appropriated Fund Balance 50,000 Total Revenue $416,450 Mt. Mourne Fire Tax District Current Ad Valorem Taxes $269,815 Delinquent Ad Valorem Taxes 3,000 Tax Penalties & Interest 680 Total Revenue $273,495 East Alexander Fire Tax District Current Ad Valorem Taxes $31,045 Delinquent Ad Valorem Taxes 1,000 Tax Penalties & Interest 100 Total Revenue $32,145 County-wide Fire Tax District Current Ad Valorem Taxes $3,018,175 Delinquent Ad Valorem Taxes 85,000 Tax Penalties & Interest 20,000 Investment Earnings 10,000 Appropriated Fund Balance 80,180 Total Revenue $3,213,355 Section 14. The Board of Commissioners hereby agrees to contract with existing volunteer fire departments in Iredell County to furnish fire protection to the Shepherds, Mt. Mourne, Iredell, and East Alexander Fire Districts. The County Finance Officer is instructed not to release funds to the departments unless an executed contract is on file for each individual fire department. Section 15. The 911 Emergency Telephone System Fund was established as a self-supporting special revenue fund on July 1, 1991. Revenues are provided to the fund from fees added to monthly telephone bills. The 2003-2004 fee is established at $ .43 per telephone line. It is estimated the following revenues will be available for the fiscal year beginning July 1, 2003, and ending June 30, 2004. 911 Telephone Availability Fee $402,480 911 Wireless Funds 150,000 Investment Earnings 10,000 10 Appropriated Fund Balance 136,840 Total Revenue $699,320 Section 16. The following amount is to be appropriated in the 911 Emergency Telephone System Fund for the operation and maintenance of the 911 System for the fiscal year July 1, 2003 and ending June 30, 2004. 911 Operations $699,320 Section 17. The Transportation Special Revenue Fund is established as of July 1, 2003 to account for the grants and other special revenue received for the operation of Iredell County Transportation Service and Iredell Community Transportation. It is estimated that the following revenues will be available for the fiscal year July 1, 2003 and ending June 30, 2004: Rural Operating Assistance Program Grants $240,780 Transportation Fees 605,540 Rural General Public Passenger Fares 20,000 NCDOT Community Transportation Grant 396,290 Sale of Vehicles 12,000 Investment Earnings 2,000 Total Revenue $1,276,610 Section 18. The following amounts are to be appropriated in the Transportation Special Revenue Fund for the operation of the Iredell County Transportation Service and Iredell Community Transportation. Iredell County Transportation Service $811,350 Iredell Community Transportation 465,260 Total Expenditures $1,276,610 Section 19. Revenues of the Capital Reserve Special Revenue Fund are provided by operating transfers from the General Fund, unspent Capital Project Funds, and interest on investments. Operating transfers are subject to annual appropriation by the Iredell County Board of Commissioners. Appropriations from this fund are restricted to the purchase of land, water and sewer line construction, renovation of buildings, purchase of furniture and equipment for newly constructed, purchased or renovated facilities, renovation and construction of school facilities, or annual debt service on those items heretofore mentioned. All projects funded from this Capital Reserve Special Revenue Fund are subject to approval by the Board of Commissioners. It is estimated the following revenues will be available for the fund during the fiscal year beginning July 1, 2003 and ending June 30, 2004. 11 Appropriated Fund Balance $1,004,000 Appropriations of the fund for the fiscal year beginning July 1, 2003 and ending June 30, 2004 are: Reserve for Capital Projects $1,004,000 Section 20. The Parks Reserve Special Revenue Fund is established to accumulate funds for the development of land, construction of parks, and purchase of equipment. Funds will be provided by operating transfers from the General Fund, contributions, and interest on investments. The operating transfers are subject to annual appropriation by the Iredell County Board of Commissioners. All projects funded from this Special Revenue Fund are subject to approval by the Board of Commissioners and will be accounted for in a Capital Project Fund. The total accumulated in this Special Revenue Fund will be divided equally between the four quadrants of the County for recreation and parks projects. Up to $10,000 of each quadrant’s share may be used for planning costs. It is estimated the following revenues will be available for the fund during the fiscal year beginning July 1, 2003 and ending June 30, 2004. Investment Earnings $11,420 Appropriations of the fund for the fiscal year beginning July 1, 2003 and ending June 30, 2004 are: Capital Reserve $11,420 Section 21. The Solid Waste Disposal Enterprise Fund was established as of July 1, 1991, for the operation of a baler facility and sanitary landfill. In accordance with GS. 153A-292, the following rates are established for the fiscal year 2003-2004. Commercial Per ton $ 33.00 Wood Waste & Brush Per ton 22.00 Construction & Demolition Per ton 22.00 Shingles Per ton 33.00 Non-friable Asbestos Per ton 33.00 Friable Asbestos Per ton 110.00 Commercial Transport Fee (if taken to Mooresville Facility) Per ton 5.00 *Household Waste Disposal Per household Fee 26.00 *Household Waste Disposal Per household Fee (with elderly exemption) 13.00 *Household Fee covers all waste delivered by the homeowner except shingles and tires. Household waste disposal fees will be added on all 2003 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, 2003 through June 30, 2004. 12 Disposal Fund. Tipping Fees Special Assessments Recycling Sales White Goods Metal Sales Tire Disposal Reimbursement & Fees White Goods Reimbursement Town of Mooresville Investment Earnings Tire Disposal Grants Other Revenues Total Revenue Section 22. The following amounts are hereby appropriated in the Solid Waste Administration & Operation Debt Service Capital Outlay Total Expenditures $3,203,600 1,468,360 138,300 16,500 121,250 45,000 256,760 56,525 50,000 47,750 $5,404,045 3,729,515 982,230 692,300 $5,404,045 This Ordinance being duly passed and adopted this 17" day of June 2003. 2003-2004 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, 2003 and ending June 30, 2004. Interest on Investments $ 42,000 Contribution from Employer 2,981,880 Contribution from Employees 527,040 Non-employee Charges 45,000 Total Revenue $3,595,920 Section 2. It is estimated the following expenditures will be made in the Health Care Benefits Fund for the fiscal year beginning July 1, 2003 and ending June 30, 2004. Health Insurance Claims Paid $3,068,060 Claims Administration 282,000 Stop Loss Insurance 165,100 Employee Life Insurance 65,000 Wellness Incentives 11,000 Other Health Benefit Costs 4,760 Total Expenditures $3,595,920 This plan being duly passed and adopted this 17th day of June 2003. 13 ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Mitchell Community College Board of Trustees (1 announcement): Karen Ray resigned from this board effective June 30, 2003. Her term extended through June 30, 2006. APPOINTMENTS TO BOARDS & COMMISSIONS Carolinas Partnership (1 appointment): No nominations were submitted, and Commissioner Tice motioned| to postpone this appointment until the July 15 meeting. VOTING: Ayes — 5; Nays — 0. Region F Aging Advisory Committee (3 appointments): Commissioner Madison nominated Ann Simmons. Chairman Johnson nominated Iris McNaught. Commissioner Williams nominated Victor Crosby (alternate position). Chairman Johnson to close the nominations and appoint Simmons, McNaught, and Crosby by acclamation. VOTING: Ayes — 5; Nays — 0. I-CARE Board of Directors (5 appointments): Chairman Johnson nominated Williams Summers (representing Iredell County), Flake Huggins (representing the City of Statesville), Carolyn Faulkner (representing the Town of Mooresville), Debra Sherrill (representing the Town of Troutman), and Keith Williams (representing public schools). Commissioner Madison to close the nominations and appoint Summers, Huggins, Faulkner, Sherrill, and Williams by acclamation. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee (2 appointments): Commissioner Tice nominated Gail Shook. No further candidate names were submitted, and Chairman Johnson to close the nominations, appoint Shook by acclamation, and to postpone the remaining appointment until the July 15 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (6 appointments): Commissioner Madison nominated Kathy Hayes and Sherry Taylor. No other candidate names were submitted, and Chairman Johnson to close the nominations, appoint Hayes and Taylor by acclamation, and to postpone the remaining four appointments until the July 15 meeting. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER’S REPORT: County Manager Mashburn said a written activity report has previously been distributed. He said that because of the delay in the awarding of the library contracts (additional design work for lower level) the groundbreaking would need to be cancelled on July 15. Mashburn said the event could possibly be held on Tuesday, August 5, 2003 beginning at 4:00 p.m. ADJOURNMENT: by Commissioner Norman at 7:35 p.m., to adjourn the meeting. (NEXT MEETING: Tuesday, July 15, 2003, 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. , Ny of Je Approved: (} yd: Jov3 Clerk to the Board 14 IREDELL COUNTY BOARD OF COMMISSIONERS SPECIAL MEETING MINUTES JUNE 30, 2003 The Iredell County Board of Commissioners met for a called meeting on Monday, June 30, 2003, at 7:00 p.m., in the Iredell County Government Center (Commissioners’ Meeting Room), at 200 South Center Street, Statesville, NC. Present were: Chairman Steve D. Johnson Vice Chairman Godfrey Williams Marvin Norman Sara Haire Tice Absent: Doug Madison Staff present: County Attorney Bill Pope, Finance Director Susan Blumenstein, Library Director Steve Messick, Purchasing Agent Evie Caldwell, Support Services Director Jim Vernon, and Clerk to the Board Jean Moore. Absent: County Manager Joel Mashburn CALL TO ORDER by Chairman Johnson. INVOCATION by Chairman Johnson. REQUEST FOR APPROVAL OF THE BIDS FOR THE NEW LIBRARY: Support Services Director Vernon said multi-prime and single-prime construction bids for the new library were recently received and opened. He said G.S. 143-129 dictated that the bids had to be awarded to the lowest, responsive bidder. Vernon said the low bidder in the single-prime method was B.H. Bryan Construction in the amount of $3,905,708. He said the low bidder in the multi-prime method was also B.H. Bryan with a total bid of $3,823,547 (general contractor = $2,721,329; electrical = $$334,200; mechanical = $638,118; and plumbing = $129,900). Mr. Vernon said both methods included Alternate 1 (the “hulling in” of the entire square footage of the basement) and Alternate 2 (a higher grade of carpet). He continued by saying the monetary difference between the two construction methods was $82,161.00, and that $5,035,000 (initial estimated cost of $4.8 million plus $235,000 for the “hulling in”) had been budgeted. Vernon said that due to the bids being lower than anticipated, the staff had been discussing an upfit on Alternate #1. He said the statutes would allow this by a change order. Mr. Vernon said that once the board approved the construction method, or the bids, the staff could then negotiate on the costs associated for the upfit (preparing the lower level for the children’s services area). Vernon said that if the negotiated costs were not considered fair, new bids could be requested. Commissioner Williams asked if it would be permissible to add other alternates if they were needed. Vernon said he felt that when a contract was signed a change order could be issued. He said the statutes might address a certain percentage amount that could be undertaken in a project, but he didn’t know for sure. Vernon said there was a “given” that a $5 million project wouldn’t be undertaken with change orders amounting to $4 million. He said the intent was not to circumvent the bidding laws. Purchasing Agent Caldwell said the statutes did not address any contract percentages or dollar amounts that could be used in a change order. She said the work would not be considered an “alternate” -- it would be considered a change order. C aldwell said, “The items listed in the bids as alternates must stand as they are.” She said a change order for the lower level would not be changing the scope of the project because the staff would still be staying in the footprint of the building. Commissioner Williams asked if the relocation of the children’s area would require extensive layout changes. Library Director Steve Messick said the architect had completed the lower level specifications and plans. He said the main level would not be altered that much, and it was basically an open area. by Commissioner Williams to proceed with the multi-prime construction bid method for a total cost of $3,823,547 using the low bidders of B.H Bryan Construction (general contractor @ $2,721,329) Duncan Electrical, Inc., (electrical contractor @ $334,200) William C. Reynolds (mechanical contractor @ $638,118) and Cajah’s Mountain Plumbing (plumbing contractor @ $129,900) with an understanding that Alternates 1 and 2 should be included in the work and to authorize permission for the staff to pursue and negotiate further upgrades. VOTING: Ayes — 4; Nays — 0. The bids in their entirety are as follows. \ [MULTI-PRIME (SEPARATE) - GENERAL Contractor Addenda Base Alternate Alternate Unit Prices ! Bid I 2 Unsuit. | Elevator | Rock Rock Total soil Jack Hole | General Trenches All (CY) (LF) Alternates 1121314) 5 BH Bryan X |X| X!|X/| X | $2,544,181 | $149,838 | $27,310 | $20.00 $55.00 | $60.00 | $80.00 | $2,721,329 Statesville, NC Choate Const. Company, Inc Eastern Summit | |Const. Co., Inc. i Edison Foard, Inc. KixXixiXi xX) 2,786,000 179,600 20,900 | 11.00 | 250.00 75.00 100.00 | 2,988,500 Charlotte, NC Farley Associates, Inc G.L.Wilson Building | X | X| X| X| X 2,945,000 | 230,000 30,000 | 8.00 10.00 25.00 50.00 3,205,000 Statesville, NC Hendrix & Corriher SN TKI Xi XX Bone 232,614 3,785,214 Mocksville, NC Lyon Construction ST iRL REAL RT of lo 230,000 20,000 14.00 175.00 | 100.00 | 125.00 3,025,000 Winston-Salem, NC Moss-Marlow Bldg. MixXiXix!) Xi} 2eew 260,000 21,400 9.00 1.60 28.00 55.00 3,091,400 Hickory, NC Sossamon Construction Co. Stredvey xX | Xi xX! XX | 3,077,000 152,000 29,900 9.65 210.00 | 45.00 75.00 3,258,900 Construction Raleigh, NC Triangle Contractors, Inc. Wagoner x |X} XX] X|{ 2,710,000 153,000 21,300 12.00 | 250.00 | 53.00 90.00 2,884,300 Construction Salisbury, NC IMULTI-PRIME (SEPARATE) ELECTRICAL Contractor ADDENDA Base Bid Alternate No. 1 Total (All Aternates) TPZ 1S +413 Beco XiXiXixX| ose! $6,600 $394,100 Elkin, NC Duncan Xi Xl Riki AB sate 6,700 334,200 N.Wilkesboro, NC Fowler x |X| XX] X 399,000 7,300 406,300 | Southern _‘ Pines, NC Keller Kix! Xi Xi & seehee 6,000 338,425 N.Wilkesboro, NC Lake x | xX1|X1|X |X 346,000 6,474 352,474 Progress x|X|X1]X| X 334,000 8,200 342,200 Mooresville, NC Salem Electric x |X|]X1|xX] X 357,400 3,700 361,100 Winston-Salem,NC [MULTI-PRIME (SEPARATE) MECHANICAL Contractor ADDENDA Base Bid Mechanical Alternate No. 1 | Total (All Aternates) Controls FIZ 13s +419 S&S Mechanical X|X|X $590,387 $266,420 $856,807 Statesville, NC i Climate Systems pe GE 2 595,000 $73,870 49,300 718,170 Charlotte, NC P.C. Godfrey RiALA 696,000 51,635 747,635 Charlotte, NC Ingold X|X|X|X| X 664,945 96,005 45,675 806,625 Hickory, NC Lawa-Bahnson MixixXi X12 582.500 84,700 39,000 706,000 LT Mechnical X|X| xX] X |X 655,000 72,000 36,500 763,500 Charlotte, NC William C. Reynolds | X | X| X 595,797 42,321 638,118 Hickory, NC \ . Triangle Contractors | X | X| X| X| X 576,000 77,000 26,400 679,400 Morganton, NC ee Tri-Meck xX|X|]X|X| XX 524,000 90,000 42,500 656,500 Mechanical Charlotte, NC MULTI-PRIME (SEPARATE) — PLUMBING Contractor ADDENDA Base Bid Alternate No. 1 Total (All Aternates) ti2 ts 164i T.M. Caldwell ALAS” $149,771 $7,100 $156,871 Hickory, NC Ingold Xixi Xi Xi Nm 165,100 400 165,500 Hickory, NC LT Mechanical NiXiXtXi me '32815 800 133,615 Charlotte, NC Nichols Mechanical | X | X| X| X| X 127,321 16,721 144,042 Statesville, NC Tri-Meck ATA 150,000 4,000 154,000 Mechanical Charlotte, NC Troutman Plumbing | X 153,500 7,500 161,000 Hickory, NC Cajah’s Mountain x1 Als 128,400 1,500 129,900 Plumbing, Lenoir, NC S&S Mechanical AL ais 134,501 3,683 138,184 | | j j | i SINGLE-PRIME BID TABULATION Unit Prices Contractor Addenda Base Mech- Alt. Alt . . Bid enical #1 #2 Unsuit. Elevator Unit Rock Total Con- soil Jack Hole | Prices Trenches | aqj (CY) (LF) Rock (CY) General (CY) trols Alternates N w > wa BH Bryan KIX! xX |X | X1] $3,581,472 | $90,000 | $213,334 | $20,902 $20.00 $55.00 $60.00 $80.00 $3,905,708 Statesville, NC Subcontractors: Plumbing: Tri-Meck Mechanical: Tri-Meck Electrical: Keller Choate Const. Company, Inc & Eastern Summit Const. Co., Inc. Edison Foard, Inc. xX} X| X | X | XI] 3,844,900 73,870 254,900 20,900 11.00 250.00 75.00 150.00 4,194,570 Charlotte, NC Subcontractors: Plumbing: Nichols Mechanical: Climate Electrical: Duncan Farley Associates, Inc G.L. Wilson Building xX| X}| X | X | X] 4,006,000 340,000 30,000 8.00 10.00 25.00 50.00 4,376,000 Statesville, NC Subcontractors: Plumbing: Nichols Mechanical:S&S/Tri-Meck | Electrical: G.L. Wilson Hendrix & Corriher X|X1X 1X | X} 4,843,849 657,842 25,000 20.00 200.00 150.00 250.00 5,526,691 Mocksville, NC Plumbin: P.C. Godfrey Mechaniccal: Nichols Electrical: Duncan Lyon Construction Xixixi xX xX) S447 299,000 20,000 14.00 175.00 100.00 125.00 4,166,000 Winston-Salem, NC Subcontractors: Plumbing: Ingold Mechanical: Ingold Electrical: Progress Moss-Marlow Bidg. RixkiataLte Hickory, NC Sossamon Construction Co. Stredvey Construction Raleigh, NC Triangle Contractors, Inc. Wagoner Construction x} X|X |X | X] 3,879,000 207,000 213,000 12.00 250.00 53.00 90.00 4,299,000 Salisbury, NC Subcontractors: Plumbing: Nichols/LT LLC Mechanical: Tri-Meck Electrical: Progress | REQUEST FOR APPROVAL TO SEND A LETTER TO NORTH CAROLINA GENERAL ASSEMBLY REPRESENTATIVE JULIA HOWARD IN REFERENCE TO FUNDING FOR THE CHILDREN’S MUSEUM: Chairman Johnson said the local Children’s Museum had been receiving $56,000 in state funds over the past few years. He said now, however, it appeared the General Assembly might reduce the funding to $6,000. Johnson said representatives of the museum had requested that a letter be sent to Representative Howard requesting the continuance of the $56,000. MOTION by Commissioner Norman to allow the staff to send a letter to Representative Julia Howard to request that full funding be continued for the C hildren’s Museum. VOTING: Ayes — 4; Nays — 0. ADJOURNMENT: [MOTION by Chairman Johnson to adjourn the meeting at 12:30 p.m. VOTI : Ayes — 4; Nays — 0. Approved: _ \ ‘ vr , v2 Ge dal Nhat (] Clerk to the Board IREDELL COUNTY BOARD OF COMM: SSIONERS BRIEFING MINUTES JULY _ 15, 2003 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, July 15, 2003, 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, Planning/Code Enforcement Director Lynn Niblock, Recycling Coordinator Carla Parks, Solid Waste Adminstrative Officer Susan Cornell, Tax Administrator Bill Doolittle, Emergency Services Director Tracy Jackson, Chief Deputy Rick Dowdle, Health Director Ray Rabe, Support Services Director Jim Vernon, and Clerk to the Board Jean Moore. Call to Order by Chairman Johnson. Request for the Appointment of Linda L. Morrow and Ann Gray Starnes as Deputy Tax Collectors in Accordance with G.S. 105-349(f): Tax Administrator Bill Doolittle requested that two employees in the tax office be appointed as deputy tax collectors. He said G.S. 105-349(f) authorized permission for the board to make the appointments, and a term of office ranging from one to four years was recommended. County Manager Mashburn questioned the need to have a term of office. He said that if any discipline problems occurred, a term of office would “add another layer or hurdle” that would have to be resolved when taking corrective action. Mashburn requested for the appointments to be delayed until the next meeting in order for the staff to re-evaluate the request. Request for Approval of a Security Services Contract for the Social Services Department, Court Facilities, Library, and the Health Department: County Manager Mashburn said that initially the county started using part-time security guards at the library. He said that later they were hired for the social services department, the court facilities, and the health department. Mashburn said due to the increased demand for this type of service, that during the budget process it was decided to seek proposals. He said three proposals were received and they were from the following companies. FY 2003-04 Weiser Security Services, Charlotte, NC $ 327,802.42 Grant Protective Services, Statesville, NC $ 344,709.50 Wilson Security Services, Statesville, NC $ 368,759.00 Mashburn said Wilson Security was currently the provider; however, this company’s bid was $40,956 higher than the lowest proposal from Weiser. He said a representative from Weiser had indicated the company had an “exhaustive” training program, and it currently provided security at Charlotte Presbyterian Hospital as well as court facilities in other states. He said, however, the county department heads using the service, along with Sheriff Redmond, desired to remain with Wilson Security. Chief Deputy Rick Dowdle said the security officers at the Hall of Justice were familiar with the court schedule and with most of the individuals who frequented the facility on a daily basis. He mentioned that if the service were taken over by a new agency, re-training would have to occur and this might cut into any savings that might have been initially envisioned. Commissioner Madison asked how much it would cost to train new guards. Dowdle said he couldn’t make an estimate. Health Director Rabe said the current provider was a local company and the lowest bidder was located in Charlotte. He said his department did not need a transition in security services at the present time. Commissioner Tice mentioned how valuable it was to have officers familiar with the people who regularly entered and exited the court facilities. She also mentioned it was her understanding that when bid proposals were requested that normally there was a clause stating the services should be equal and comparable. Mashburn said that actually the statutes did not require bids for security services. He mentioned the board had the option of rejecting all of the bids. (See regular minutes for additional information regarding this matter.) Upcoming Certificates of Participation (COPs) Financing: Finance Director Blumenstein said work had started on the COPs. She mentioned that some people had questioned why the proceedings had commenced since some of the school bids had not been received. Blumenstein said timing was essential, and if the projects had to be separated into two issuances there would be more cost. She estimated that if two closings had to be held, approximately $500,000 would be lost. Mrs. Blumenstein noted, however, that if something out of ordinary occurred, €.g., unacceptable bond rates, another means of financing might have to be found. Contracts with Volunteer Fire Departments: Chairman Johnson shared information from a 2003 Report for the Volunteer Fire Department Fund given to him from House Representative Frank Mitchell. Johnson said two VEDs applied for funds but neither one received any funding. Mr. Johnson suggested that the contracts with the VFDs not included in the county-wide fire district be reviewed at the next meeting. He also suggested that an amendment be incorporated into the contracts stating the members of the fire department's board of directors would be members of the community, and that they would not be associated with the fire department. Commissioner Williams said he felt all of the VFD contracts, both for the county-wide fire district and for the voted-in fire tax districts, needed to be reviewed. (See regular minutes for additional information regarding this matter.) Adjournment: Chairman Johnson adjourned the briefing at 6:38 p.m. Approved: Legust i; AGOS in C- Aere er to the Board IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES JULY _15, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, July 15, 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, Solid Waste Director Ron Weatherman, Chief Deputy Rick Dowdle, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. INVOCATION by Commissioner Madison. PLEDGE OF ALLEGIANCE TO THE FLAG ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Johnson to approve the following agenda adjustments. Deletion: Request for the Appointment of Linda L. Morrow and Ann Gray Starnes as Deputy Tax Collectors in accordance with G.S. 105-349(f) (This request will be delayed until the August 5 meeting.) Revision: Re-numbering of the budget amendments as follows: BA#!1 will recognize a contribution from a beverage distributor, plus additional revenue from the sale of aluminum cans, and appropriate a portion for recycling promotion costs. BA#2 will record a Federal Emergency Management Agency Grant for Emergency Operations Planning and Appropriate the funds for contracted services. BA#3 will appropriate funds from designated fund balances for purchases (Liability Insurance for Detention Center Nurses, PowerPoint System, Service Contract for a Kodak IMT 350 Micro Image Computer and Road Patrol Binoculars) for the Sheriff's Department. VOTING: Ayes — 5; Nays — 0. PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Request for Adoption of a Proclamation Declaring August 2003 as Mitchell Community College Month: MOTION by Commissioner Madison to adopt the following proclamation. VOTING: Ayes — 5; Nays — 0. Proclamation to Prociaim August 2003 as Mitchell Community College Month WHEREAS, Mitchell Community College is the primary deliverer of workforce development for adults in Iredell County; and WHEREAS, our community is fortunate to have access to an excellent community college as a significant part of our educational system which provides opportunities and cultural development for Iredell County citizens; and WHEREAS, education is a never-ending process and those individuals who are the most productive are those who continue to develop their intellectual capacities, to grow with the times in which they live and to work to achieve their highest potential; and WHEREAS, it is recognized that in this era of rapidly changing techniques and new approaches to many aspects of our economic life, the development of new skills and the exploration of new fields of endeavor are of vital importance to the continued security and economic growth of our nation. NOW, THEREFORE, we the members of the Iredell County Board of Commissioners hereby urge all citizens of Iredell County to join us in this salute to Mitchell Community College, in special recognition of the thirtieth anniversary of Mitchell College becoming a member of the North Carolina Community College System, giving due consideration to its more than 150 years of existence, and to proclaim the month of August 2003 as Mitchell Community College Month in Iredell County, North Carolina. This the 15" day of July 2003. PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Consideration of Public Comments Regarding the Expansion of the Iredell County Construction and Demolition Landfill (The proposed expansion will be west of the existing facility bordering the lands now, or formerly of, Kimber Dwayne & Wanda W. Haneline and Merchant Metals, Inc. to the east; Accuma Corporation, J.C. Steele & Sons, Inc. and Ideal Basic Industries, Inc. to the south; the Iredell Development Company to the west; and Iredell County to the north: Wayne Sullivan, with Municipal Engineering, said a 50-acre parcel of land owned by the county was being proposed as an expansion site for the construction and demolition (C & D) landfill. Mr. Sullivan said that in reference to the impact on the community, the expansion would be closer to industry and Highway 70, than on the more populated areas around the solid waste facility. Attorney Pope asked if the project would use the entire 50 acres. Sullivan said the expansion’s two phases would use about 16 acres (Phase I would occupy eight acres and provide space for five years, and Phase II would use another eight acres and have a life-expectancy of five more years.) (At the current time, a permit from the State of North Carolina only lasts 60 months, and this is why the expansion will occur in two phases.) No one else desired to speak, and Chairman Johnson adjourned the hearing. MOTION by Commissioner Madison to authorize the construction and demolition landfill expansion and to proceed with the necessary permitting requirements. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing and requested all persons desiring to speak in reference to Case No. 0306-1 and the conditional uses associated with it to come forward and be sworm in. Case No. 0306-1; Rick Odom, the Applicant for the Dallas Grant Evans & Odom Builders, Inc. Properties Requests to Amend the Iredell County Land Use Plan and to Rezone a Portion of Property from Residential Agricultural & Neighborhood Business to General Business Conditional Use District (Location: Jennings Road near the intersection of Whites Farm Road & Deitz Road in Statesville, NC — 3.587 acres in PIN#4747-67-1764 and 2.16 acres in PIN#4747-57-3328): Planning Supervisor Smith said the applicant desired to rezone about 5.5 acres from Residential Agricultural and Neighborhood Business to General Business Conditional Use District. Smith said the applicant had agreed to the following conditions: eThe property would be zoned GB-CUD to allow for a utility office with outside storage only. eLimit truck access to Jennings Road, lessening the impact on the adjacent residential property. @ Any trucks or outside storage would need to be screened from residential view (including across the street). e Lighting 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. eSign size shall be limited to that in the NB district. All freestanding signs shall be monument signs and shall be limited to eight feet in height. Smith said a site plan was not submitted with the application, and the utility office with outside storage was the only known use for the site. He said a traffic count for Jennings Road was not available, but it was estimated the proposed use might increase the road activity by up to 139 trips per day. Mr. Smith said a portion of the property was rezoned in 1999, from residential agricultural to neighborhood business, and the remainder of the parcel was zoned neighborhood business when county-wide zoning occurred in 1990. He continued by saying that only a portion of the tract was shown as commercial in the land use plan, and it was not adjacent to a general business zoning district. Smith said the planning staff could not support the rezoning, but the conditional uses were created in case the board desired to approve the request. He said the planning board unanimously voted to deny the request on June 4, 2003. Chairman Johnson said one of the conditions was to limit access to Jennings Road. He said it was his understanding the utility company trucks would be able to enter the property from only Jennings Road. Smith said that was the original intent; however, the applicant was trying to obtain more leniency in the condition and to primarily make the limitation on customer access to Jennings Road. Mr. Smith said he had no problems in changing the condition -- to customer access instead of truck access. He said the primary concern of the planning office pertained to the house located near the property line. Commissioner Norman said he understood this would not constitute spot zoning. Smith said he didn’t think it could be deemed as such. He said the property was bounded by nonresidential properties. No one else spoke, and C hairman Johnson adjourned the hearing. MOTION) by Commissioner Williams to amend the Iredell County Land Use Plan in conjunction with the rezoning for Case No. 0306-1 (Dallas Grant Evans & Odom Builders). VOTING: Ayes — 5; Nays — 9. by Commissioner Williams to approve the request to rezone the property involved in Case No. 0306-1 (Dallas Grant Evans & Odom Builders) from Residential Agricultural & Neighborhood Business to General Business Conditional Use District. [AMENDMENT TO THE MOTION Chairman Johnson suggested that condition number two be revised by deleting the word “truck” and inserting the word “customer.” (The condition would then be: “Limit customer access to Jennings Road, lessening the impact on the adjacent residential property.”’) Mr. Williams accepted the amendment. VOTING: Ayes — 5; Nays — 0. MOTION by Chairman Johnson to record in the minutes that the findings of fact were reviewed and determined to be in order regarding Case No. 0306-1 (Dallas Grant Evans & Odom Builders). VOTING: Ayes — 5; Nays - 9. Chairman Johnson declared the meeting to be in a public hearing. Submission of Proposed Amendments to Article VIII, Section 8.3 and Article IX, SR 3A of the Iredell County Zoning Ordinance Pertaining to Temporary Hardship Mobile Homes in the Single Family Residential District (R-20): Planning Supervisor Smith said a proposed amendment was being presented to allow manufactured homes as a special use in the R-20 (Single Family Residential) district when hardship situations occurred. Smith said that if the request were approved, the board of adjustment would have to review every case to (1) ensure that all of the standards were met (2) ensure that property values were not impacted and (3) ensure that no other detrimental factors would result from the request. He said the amendments were requested from the City of Statesville due to the municipality’s plans to expand the Statesville Airport. Smith said the proposed amendment standards were as follows: SR3(a) Temporary Manufactured Home A temporary manufactured home permit may be issued, provided the Board of Adjustment shall make a finding that a medical hardship situation justifying such a permit exists and that the following conditions are met: a. Only one temporary Class A or B manufactured home that meets the standards of SR 7 shall be permitted per lot or parcel. b. The home may be occupied by elderly parents or other dependents with medical hardships requiring the care of the family or individual occupying the principal dwelling. The medical hardship must be verified by a licensed physician. c. All such manufactured homes shall have access to water and all sewer systems shall be approved by the Iredell County Health Department. d. Temporary use permits may be issued for twelve months, but may be renewed for successive twelve- month periods so long as the hardship continues to exist. e. Application for renewal of a temporary use permit shall be made at least thirty days prior to the expiration date of said permit. All applications shall be made to the Planning Department and shall be reviewed by the Board of Adjustment. f, Within thirty days after the expiration of the temporary use permit the manufactured home must be removed. A site plan showing the mobile home in the side or rear yard shall be required. There shall have been a legal non-conforming (grandfathered) mobile home previously located on the property. = 99 Smith said the planning board approved the amendments in an 8-1 vote on July 2, 2003. Chairman Johnson asked if the planning office would send a notice when it was time to renew the permit. Smith said probably, and that his staff would more than likely have to “police” the process. Johnson asked if there would be a cost for the renewals. Smith said a renewal would cost $350 -- the same amount charged for an initial permit. Johnson asked if the renewal could be done on an administrative level. He said the intent of the amendment was to assist in hardship situations, and the expense might create an additional burden on some individuals. Smith said the staff could review renewal requests, but the board of adjustment brought a higher level of scrutiny. He said the utilization of the board of adjustment also ensured that the requests were resolved through a public process. Commissioner Norman asked what the $350 covered. Smith said fees for the board of adjustment members, newspaper advertising, purchasing the signs to post the property, postage for the notification letters, etc. No one else desired to speak, and Chairman Johnson adjourned the hearing. MOTION by Commissioner Madison to approve the SR 3A amendments as presented in reference to temporary hardship mobile homes in R-20 districts. AMENDMENT TO THE MOTION by Commissioner Johnson to indicate that the applicants would proceed through the Board of Adjustment the first time, but thereafter, it would be allowable for the reviews to occur on an administrative level. Commissioner Madison accepted Chairman Johnson’s amendment with the following amendment: (AMENDMENT TO THE AMENDMENT}: A $100 fee for the administrative review would be charged on an annual basis. VOTING: Ayes -— 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Submission of Proposed Amendments to Article VIII, Section 8.3; Article IX, SR51 and Section 18.6.A of the Iredell County Zoning Ordinance Pertaining to Accessory Dwelling Units: Planning Supervisor Smith said numerous requests had been received in the past from people desiring to have accessory dwelling units. He said the amendments had been presented to the planning board twice, and the first time they were rejected in a 6-4 vote. He said the second time, after revisions had been made to the initial amendments, the planning board chose not act one way or the other. Mr. Smith then shared the following amendments for the commissioners’ review. Article(s) and Section(s): Section 8.3 Table of Permitted Uses; Article IX. Special Requirement Notes to the Table of Permitted and Special Uses; Section 18.6A General Definitions | Use R-Al RU-R | R-R | R-20| R-12| R-8 | R-8A| R-O | 0-1 | NB | HB | SC | CB | GB | M-I M-2 | SR Types Accessory |X |X S S S xX X xX 5] Dwelling Unit (S = special use permit) SR 51 1. Permitted as an accessory dwelling unit to a single-family dwelling unit only. It shall be clearly subordinate to the principal structure. 2. For detached dwelling units and those using separate septic and/or well systems, the minimu'n lot size shall be two times the minimum lot requirement for the district. Otherwise, the standards of the zoning district shall apply. See section 7.0. Shall have heated floor area no greater than 650 square feet. The accessory unit may be combined with a garage, workshop, etc. No more than one accessory unit shall be located on the lot. . Must be owned by the same person who owns the principal dwelling. Shall not be served by a separate driveway from that of the principal dwelling. Must be located in the rear or side yard and meet rear and side yard setback requirements ofa principal structure. 8. Shall meet the height requirement of the zoning district. See section 7.0. w NAWA Accessory Dwelling Unit: A secondary dwelling unit established in conjunction with and clearly subordinate to a primary dwelling unit, whether a part of the same structure as the primary dwelling unit or a detached dwelling unit on the same lot. This definition shall not include mobile homes. Commissioner Williams asked, in cases of garage apartments, if the 650 ft. was the total for each floor. Smith said it was the total, but it was for the actual unit -- not the garage. Commissioner Madison suggested that a ninth stipulation be added stating the unit would be occupied by family members of the primary dwelling unit only. MOTION by Commissioner Madison to adopt the proposed amendments pertaining to accessory dwelling units with the addition of: 9. Shall be occupied by family members of the primary dwelling unit only. VOTING: Ayes — 5; Nays — 0. No one else desired to speak, and Chairman Johnson adjourned the public hearing. CONSENT AGENDA MOTION by Chairman Johnson to approve the following 14 consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. Request from the Solid Waste Department for Approval to Transfer $75,000 from Retained Earnings for Landfill Fencing: The six-foot fencing will extend 7,500 linear feet and include wiring on the top to capture litter that might blow onto adjacent properties. 2. Request from the Solid Waste Department for Approval of Budget Amendment #1 to Recognize a Beverage Distributor Contribution, Additional Revenue Expected from the Sale of Cans, and to Appropriate a Portion for Recycling Promotion Costs (Community and School Contests): The Anheuser Busch Company has provided aluminum can collection trailers and provided $500 for contest prize money to promote recycling. 3. Request from Bowers Fellowship for the Release of Zoning/Subdivision Jurisdiction to the Town of Mooresville for 2.6 Acres of Property on Rocky River Road in Mooresville: At the briefing, Planning Supervisor Smith said the property involved in this request was adjacent to the Mooresville Town limits, and it was within the Town’s urban services boundary. He said the property was currently zoned Residential Agricultural, and it was designated for residential use in the Iredell County Land Development Plan. Smith said the proposed church usage would comply with the designated land use, and it would not be out of character with the area. Mr. Smith said his office had found the request to be in order and recommended approval. 4. Request from the North Carolina Department of Transportation (NCDOT) and the Iredell- Statesville Schoo! System for the Abandonment of a Section of State Road 1841/Circle Drive at Harmony Elementary School: During the briefing, Planning Supervisor Smith said the NCDOT was requesting that a portion of Circle Drive be abandoned from the State maintained system. He said the section to be abandoned extended 0.18 of a mile. Mr. Smith said his office had found the request to be in order and recommended approval. 5. Request for Approval of the June 2003 Refunds & Releases: At the briefing session, Tax Administrator Bill Doolittle requested approval of the following refunds and releases. LLL TT JUNE_2003 TAX RELEASES & REFUNDS Releases Refunds | County 15,720.72 15,565.91 Solid Waste Fees 112.50 0 East Alexander Co. Fire #1 1.29 0 Shepherd’s Fire # 2 129.37 0 Mt. Mourne Fire # 3 82.91 0 All County Fire # 4 877.75 488.74 Statesville City 1,159.51 3,337.92 Statesville Downtown 1.87 0 Mooresville Town 3,661.15 8,093.10 Mooresville Downtown 32.34 0 Mooresville School 1,005.33 2,247.71 Love Valley 363.30 0 Harmony 0 0 Troutman 157.88 0 Total $23,305.92 $29,733.38 6. Request for Permission to Apply for FY 2003-2004 Duke Energy Fixed Nuclear Facility Funding in the Amount of $20,000: Emergency Services Director Tracy Jackson said d be used to support the county’s radiological emergency response program. 7 Request for Approval of Budget Amendment #2 to Acce Funds for Emergency Operations Planning and to Ap Emergency Services Director Tracy Jackson said revisions pt Federal Emergency Management Agency Grant propriate to Contracted Services: had been made to the grant request presented to the board in uring the briefing that the requested funds would At the 5 p.m. meeting, April. He said the grant funds of $35,910 would now be used for the following: 1. A two-phase project to develop a Continuity of Operations Plan (COOP) for county government and local municipal governments. Phase I will be for county government ($31,400) and Phase II will be for municipalities. (Future grant funding will cover Phase II.) 2. Development of a terrorism annex for the county’s current emergency response plan at an estimated cost of $3,890. Jackson said the remaining $620 would be applied towards Phase II, which is anticipated to cost $24,000. 6 8. Request from the Sheriff's Department for Approval of Budget Amendment #3 for the following items: 1. $7,950 from the Commissary Fund to Purchase Liability Insurance for the Detention Center Nurses $9,300 from Seized Funds to Purchase a PowerPoint System for the Training Room $2,800 from Seized Funds to Purchase a Service Contract for the Kodak IMT 350 Micro Image Computer 4. $3,600 from Seized Funds to Purchase Binoculars for Road Patrol Employees wir 9, Request for Approval of the FY 2003-04 Health Department Fee Schedule: During the briefing, Health Director Ray Rabe said Medicaid rates had been received, and the following three changes were recommended. Current Proposed FY 2002-03 FY 2003-04 Admin. Single Vaccine $ 5.00 $ 7.00 Adult Hepatitis B $60.00 $64.00 Influenza Vaccine $ 7.00 $ 8.00 Mr. Rabe said that other than the three changes, the remaining fees would remain the same with the exception of the Parenting Education Classes. He said Medicaid would not pay for this service, but it would still be provided for private pay or sliding fee schedule clients. Rabe said the board of health had approved the changes, and he recommended they become effective as of August 1, 2003. A list showing all of the fees is as follows. Iredell County Health Department Fee Schedule 2002-2003 and 2003-2004 MEDICAID DIFFERENCE CPTCODE SERVICE DESCRIPTION FEES FY 2002-2003 4/1/2003 ICHD & MED. New Patient Preventive Health Visits EP modifier _FP modifier Diff. W/FP mod 99381 Age under | year $87.00 Not given Not given 99382 Age 1-4 years $94.00 Not given Not given 99383 Age 5-11 years $154.00 $90.00 $154.00 $0.00 99384 Age 12-17 years $169.00 $90.00 $169.00 $0.00 99385 Age 18-39 years $167.00 $90.00 $167.00 $0.00 99386 Age 40-64 years $199.00 na $199.00 $0.00 99387 Age 65 years & over $215.00 n/a $215.00 $0.00 Established Patient Preventive Health Visits EP modifier FP modifier Diff. W/FP mod 99391 Age under | year $72.00 Not given Not given 99392 Age 1-4 years $76.00 Not given Not given 99393 Age 5-11 years $126.00 $90.00 $126.00 $0.00 99394 Age 12-17 years $146.00 $90.00 $146.00 $0.00 99395 Age 18-39 years $142.00 $90.00 $142.00 $0.00 99396 Age 40-64 years $158.00 n/a $158.00 $0.00 99397 Age 65 years & over $175.00 na $175.00 $0.00 New Patient Evaluation and Management Visits Diff. ICHD & Medicaid 99201 Minimal $66.00 $60.00 $6.00 99202 Limited $90.00 $90.00 $0.00 99203 Expanded $128.00 $128.00 $0.00 99204 Detailed $188.00 $188.00 $0.00 99205 Comprehensive $236.00 $236.00 $0.00 Established Patient Evaluation and Management Visits 99211 Minimal $35.00 $33.00 $2.00 99212 Limited $55.00 $55.00 $0.00 99213 Expanded $76.00 $76.00 $0.00 99214 Detailed $118.00 $118.00 $0.00 99215 Comprehensive $176.00 $176.00 $0.00 MEDICAID DIFFERENCE CPTCODE SERVICE DESC RIPTION FEES FY 2002-2003 4/1/2003 ICHD & MED. Laboratory 82947 Glucose $19.00 $5.48 $13.52 82950 1 hour Glucola $25.00 $6.64 $18.36 82951 GTT (3 hr) $55.00 $17.99 $37.01 82952 GTT Specimen 4 $15.00 $5.48 $9.52 85013 Hematocrit $15.00 $3.31 $11.69 81002 Urine Dipstick $15.00 $3.57 $11.43 81000 Urine with micro $19.00 $4.43 $14.57 87086 Urine colony count Pvt. Lab/cannot charge $11.28 $11.28 % 81025 Pregnancy test (urine) $10.00 $8.84 $1.16 87210 Wet Prep $18.00 $5.33 $12.67 87070 GC culture $36.00 $12.03 $23.97 82465 Cholesterol $18.00 $6.08 $11.92 87205 Gram Stains $19.00 $5.96 $13.04 89300 Semen Analysis $40.00 not given 89320 is 16.84 87164 Darkfield $44.00 $8.85 $35.15 86592 Stat RPR Pvt. Lab/cannot charge $5.96 $5.96 36415 Venipuncture/stick $12.00 not given we use G0001 F/MEDICAID 99000 Handling fee $13.00 not given not reimburs. Medicaid G0001 Medicaid Venipuncture $12.00 $4.14 $7.86 Office Procedure 54050 Wart Treatment/Male $134.00 $133.94 $0.06 56501 Wart Treatment/Female $134.00 $127.86 $6.14 76815 Ultrasound $170.00 $77.59 $92.41 59025 Non-Stress test $125.00 $35.10 $89.90 59412 Cephalic Version/External $510.00 $91.74 $418.26 11976 Norplant Removal $210.00 $116.58 $93.42 58300 IUD Insertion $212.00 $83.17 $128.83 58301 IUD Removal $97.00 $95.86 $1.14 99070 IUD Supply $10.00 $9.84 $0.16 57170 Diaphragm Fitting $92.00 $77.62 $14.38 96110 Denver Developmental $114.00 $66.00 $48.00 92551 Audiometry $22.00 $9.31 $12.69 69210 Ear Irrigation $62.00 $40.38 $21.62 MEDICAID DIFFERENCE CPTCODE SERVICE DESCRIPTION FEES FY 4/1/2003 ICHD & MED. Proposed Immunizations/Injections 2002-2003 EP Modifier Fee Change 90782 Therapeutic/diag. Admin. Fee $10.00 $3.79 $6.21 90471 Admin. single vaccine $5.00 $6.71 $1.71 $20.00 $7.00 90472 Admin. 2+ vaccines $5.00 $4.76 $0.24 90788 Admin. antibiotics $23.00 $4.11 $18.89 90384 RHO Gam $111.00 $110.23 $0.77 J1055 Depo-Provera $45.00 $43.29 $1.71 90716 Adult Varicella $60.00 not given 90707 Adult MMR $40.00 not given 90733 Adult Meningitis $68.00 not given 90746 Adult Hepatitis B $60.00 $63.42 -$3.42 $64.00 90632 Adult Hepatitis A $55.00 $54.31 $0.69 90633 Ped/Adol. Hepatitis A $30.00 $27.18 $2.82 90658 Influenza Vaccine $7.00 $7.13 -$0.13 $8.00 90732 Pneumonia Vaccine $18.00 $11.79 $6.21 86580 PPD (TB Skin Test) $19.00 not given 90669 Prevnar - private stock $71.00 not given 90713 Polio - private stock $26.00 not given Miscellaneous T1017 MCC VISITS - per unit $30.00 T1016 Child Service Coordination T1002 RN - TB & STD - 15 min. $20.00 99501 PP Home Visit-Mat. Assess. $60.00 99502 PP Home Visit - Newborn $60.00 99502EP PP Home Visit - Newborn $9445 MOwW VISITS - per unit $11.00 Y2331 HIV Case Management (unit 15 min.) $11.00 ALLIED HEALTH SERVICES CPT CODE SERVICE DESCRIPTION Services for Community Members/Organizations Basic Cholesterol Screen & Nutrition Education Full Lipid Profile & Nutrition Education Breast Pump Rental (per mo.) Programs for Community Groups/Organizations Blood pressure/hypertension Community CPR course Infant/child CPR and First Aid course Grocery Store Tour-Healthy Foods Health Fair & Information Booths Health Topic Seminars (for professionals) Health Topic Seminars (for the public/group) Individual weight loss counseling (30 min) Weight loss counseling for 5 (30 min) Stress management * Smoking Cessation * Lighten-Up (Weight loss & Stress Mgt.) * Health Education Events** Health Education Products Pamphlets (per 100) Posters Videos Brochures (per 100) Curriculum Manuals Other products** *County employees receive a $10.00 discount 60 60 65 FEES FY 2002-2003 $30.00 $66.00 $20.00 $3.00 $45.00 $45.00 $10.00 Donation $20.00 Donation $10.00 $30.00 $40.00 $40.00 $40.00 $0.00-$10.00 $15.00 $5.00 $40.00 $20.00 $40.00 $20.00 $0.00-$100.00 **Cost based on staff time, materials used & length of presentation CPT CODE SERVICE DESCRIPTION Medicaid/Non-Medicaid Reimbursable Services $9442 Childbirth Education Classes*** W8205* Parenting Education Classes*** 97802 Nutrition Education Initial Assessment (15 min) 97803 Nutrition Education Subseq. Assessment (15 min) FEES FY 2002-2003 $22.00 $76.00 $18.00 $18.00 MEDICAID DIFFERENCE 4/1/2003 ICHD & MED. $21.50 $0.50 $75.93 $0.07 Not given Not given * W8205 Parenting Class ending date for Medicaid reimbursement effective June 30, 2003 *** Sliding fee scale utilized for non-Medicaid patients. 9 MEDICAID DIFFERENCE CDT CODE SERVICE DESCRIPTION FEES FY 2002-2003 4/1/2003 ICHD & MED. D0120 Recall exam $29.00 28.00 1.00 D0140 Emergency exam $39.00 38.00 1.00 D0150 Initial oral exam $50.00 38.00 12.00 D0210 Complete series x-rays $75.00 54.00 21.00 D0220 Periapical x-ray $14.00 14.00 0.00 D0230 Periapical - two or more $12.00 10.00 2.00 D0240 Occlusal P.A. $24.00 16.00 8.00 D0270 Bitewings - single film $12.00 10.00 2.00 D0272 Bitewings - x 2 $23.00 17.00 6.00 D0274 Bitewings - x 4 $42.00 33.00 9.00 D0330 Panorex x-rays $60.00 41.00 19.00 D1110 Prophy (adult) 13 & older $50.00 32.00 18.00 D1120 Prophy (child) age less than 13 $38.00 26.00 12.00 D1201 Prophy w/fluoride (child <13) $51.00 41.00 10.00 D1203 Prophy w/fluoride varnish (<13) $20.00 19.00 1.00 D1205 Prophy w/fluoride (adult 13>) $62.00 43.00 19.00 D1351 Sealants $32.00 32.00 0.00 D1510 Space Maint. Fixed - Unilateral $175.00 115.00 60.00 D1515 Space Maint. Fixed - Bilateral $180.00 173.00 7.00 D2110 Amalgam 1 surf. - primary teeth $60.00 58.00 2.00 D2120 Amalgam 2 surf. - primary teeth $81.00 81.00 0.00 D2130 Amalgam 3 surf. - primary teeth $102.00 102.00 0.00 D2131 Amalgam 4 surf. - primary teeth $115.00 115.00 0.00 D2140 Amalgam | surf. - permanent $66.00 58.00 8.00 D2150 Amalgam 2 surf. - permanent $83.00 81.00 2.00 D2160 Amalgam 3 surf. - permanent $102.00 102.00 0.00 D2161 Amalgam 4 surf. - permanent $124.00 115.00 9.00 D2330 Resin 1 surf. - anterior $78.00 58.00 20.00 * KOK KOR 10. Request for Approval to Allocate $8,335 out of Statesville Airport Funding of $18,500 as a Match for AIR 21 Phase 1 Grant Funds: Finance Director Blumenstein explained during the briefing that current and prior-year airport funds would be carried forward into FY 2003-04. She said $318,545 remained unspent with $18,500 of this amount being approved in FY 98-99 for a new access road, but the City of Statesville decided to construct the roadway using AIR 21 grant money. Blumenstein said the City recently requested that $8,335 be allocated as a match for the AIR 21 Phase 1 grant. 11. Request for Approval of a Design Proposal from Martin Boal Anthony Johnson (MBAJ) in the Amount of $134,162 for the Iredell County Government Center-South (ICGC-S) Tenant Expansion Project with the North Carolina Department of Environment & Natural Resources (NCDENR): At the briefing, Support Services Director Vernon said MBAJ’s proposal would include design services, bidding, and contract administration for the DENR up-fit construction on the third and fourth floors of the ICGC-S. He said the design fees were less than the original design services because the demolition work was completed prior to design and bidding. Vernon said MBAJ desired to have the project bidded out no later than mid-October of 2003. 12. Request for Approval of an Amended Capital Project Ordinance in the Amount of $1,750,000 for the Design/Renovation/Demolition Work for the Phase If - NCDENR Upfit at the Iredell County Government Center-South The ordinance is as follows: 10 | Iredell County, North Carolina Amended Capital Project Ordinance ICGC-South - Phase II - NCDENR Upfit 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, & renovations of the space to be leased to NCDENR located in the 1CGC-South. Design, Renovation $ 1,604,375 Demolition 145,625 Total $ 1,750,000 Section 2. Funds for this Capital Project Fund will be provided from the following sources: Transfer from Capital Reserve Fund FY 02-03 $ 145,625 FY 03-04 1,053,375 FY 04-05 _551,000 Total $ 1,750,000 Section 3. This Capital Project Fund shall continue until the project is complete. Section 4. Payments from this Capital Project Fund shall ' 2 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 Ordinance being adopted July 15, 2003. keke KE 13. Request for Approval of the Following Three Items Pertaining to the Department of Social Services Building Project: Number 1 Capital Project Ordinance in the Amount of $404,300 for the Architectural Services & Other Pre-Construction Costs as Estimated by MBAJ Iredell County, North Carolina Capital Project Ordinance Department of Social Services Facility Be it Ordained by the Board of County C ommissioners of Iredell County, North Carolina: Section 1. Funds for this Capital Project Fund will be provided from the following source: Advance from Capital Reserve Fund to be repaid upon receipt of financing proceeds $ 404,300 Section 2. The following costs for the design and engineering of the Iredell County Department of Social Services Facility shall be paid by this fund: Basic A/E Fees & Consultants $ 339,300 Survey, Geotechnical, Testing, Reimbursibles 65,000 $404,300 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. This Project Ordinance being adopted July 15, 2003. 11 Number 2 RESOLUTION OF THE IREDELL COUNTY BOARD OF COMMISSIONERS DECLARING IREDELL COUNTY'S INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF A TAX-EXEMPT FINANCING FOR CERTAIN EXPENDITURES TO BE MADE IN CONNECTION WITH THE DESIGN, CONSTRUCTION AND/OR EQUIPPING OF A NEW FACILITY FOR THE IREDELL COUNTY DEPARTMENT OF SOCIAL SERVICES WHEREAS, Iredell County (The “Issuer” or the “County”) will make expenditures on and after the date hereof with respect to expenses incurred and to be incurred (the “Expenditures”) in connection with the design, construction, and/or equipping of a facility for the Iredell County Department of Social Services (the “Project”), and WHEREAS, the Iredell County Board of Commissioners (the “Board”) has determined that the funds advanced from the Capital Reserve Fund and to be advanced to pay Expenditures are or will be available for a temporary period and it is necessary to reimburse the Issuer for Expenditures made on and after the date hereof with respect to the Project from the proceeds of one or more issues of tax-exempt bonds (the “Bonds”) under Section 160A-20 of the General Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD AS FOLLOWS: Section 1. The Board hereby adopts this declaration of official intent under Treasury Regulation Section 1.150-2 and declares the Issuer’s intent to reimburse the Issuer with the proceeds of the Bonds for Expenditures made on and after the date hereof with respect to the Project. The issuer reasonably expects on the date hereof that it will reimburse the Expenditures with the proceeds of the Bonds. Section 2. The maximum principal amount of debt expected to be issued for the Project is Six Million, Six Hundred Thousand Dollars ($6,600,000). Section 3. Each Expenditure was and will be either (a) of a type properly chargeable to capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the financing, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party that is not related to or an agent of the Issuer so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the County. Section 4. The County will make a reimbursement allocation, which is a written allocation by the County that evidences the County’s use of proceeds of the Bonds to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. The Issuer recognizes that exceptions are available for certain “preliminary expenditure,” costs of issuance, certain de minimis amounts, expenditures by “small issuers” (based on the year of issuance and not the year of expenditure) and expenditures for construction projects of at least five years. Section 5. This resolution shall take effect immediately upon its passage. kk RK Number 3 A Design Contract with Martin Boal Anthony Johnson (MBAJ) for the Social Services Building Project (The basic architectural services will cost $314,800 based upon an estimated pr oject construction cost of $5,465,000. However, master planning for the site, assessment of the existing Center Street facility, interior decorating/design, and independent cost estimating services will raise the cost to $339,300.) Support Services Director Vernon said a detailed cost analysis and design cost breakdown had been provided by MBAJ for the new Social Services building. He said the basic architectural services would cost $314,800 or 5.76% of the total project. Vernon said additional services (master planning for the site, assessment of the existing Center Street facility, interior decorating/design, and independent cost estimating) would raise the costs to $339,300 (6.2%). He said that due to this being a Social Services project, some expenses would be reimbursable (plans printing, surveying, and geological testings). Vernon said the costs were below “going rates” for the design of similar projects, and he recommended approval. keeEKE 14. Request for Approval of the Minutes for June 10, 2003 (budget session), June 12, 2003 (budget session), June 17, 2003 (briefing/regular mtg.), and June 30, 2003 (special meeting) END OF CONSENT AGENDA Request for Approval of a Security Services Contract for the Social Services Department, Court Facilities, Library, and Health Department: County Manager Mashburn said security service bid requests were recently issued and received. He said the need for this type of service had increased in the past few years, and the county was presently using 14 security guards. Mashburn said three companies responded to the bid request, and the lowest bidder was Weiser Security Services at $327.802.42. He said the current provider was Wilson Security, and this company’s bid was $368,759. Mr. Mashburn said there was a $40,956.58 difference 12 between the two bids; however, the department heads were recommending that Wilson Security continue as the provider. He said the department heads felt that with the nation’s security concerns being what they were, it was not the appropriate time to be making this type of change. Mashburn said the department heads felt the curre employees and the facilities, and if a change occurred, this familiarity wouldn’t exist during the transitional pe nt guards were familiar with the riod. He said that even though the bid process had been used, the statutes did not require this type of service to be formally bidded. Mr. Mashburn said the bid specifications did indicate that the commissioners reseTv and to award the bid to the company that was felt to be in the best interest of the county. ed the right to reject any and all bids Chief Deputy Rick Dowdle said security for the court facilities fell under the sheriff's jurisdiction, and it was a service that shouldn’t be jeopardized. He said the guards were trained by the sheriff's department, and there was a good working relationship. Chairman Johnson said he understood that Dowdle had been given some direct supervisory over the Wilson security guards, and this relationship might change if anew pr Dowdle said this understanding was correct. by Commissioner Madison to reject all of the security service bids an county manager to negotiate a contract with Wilson Security Services for FY 03-04. VOTING: Ayes — 5; Nays - 0. (The following provides a summary of the bids.) Iredell County Security Service Proposal Extensions 2003-04 ovider were hired. authority d to authorize the * Annual hours depend on how holidays fall. Guards are posted only during hours that the respective areas are open to the public. This is also based on 12 holidays, and there will not be a need for security services. COST PER ANNUALIZED DEPARTMENT PROVIDER UNARMED ARMED *HOURS/YEAR/DEPT GUARD GUARDS EXTENSION COURTS WEISER $ 10.17 2294 $ 23,329.98 11 $256,629.78 Hall of Justice, Annex & Gov't Center South GRANT 10.75 2294 24,660.50 11 271,265.50 Mon-Fri 7:45-5:00PM WILSON 11.50 2294 26,381.00 11 290,191.00 LIBRARY WEISER $ 10.17 2000 $ 20,340.00 1 $ 20,340.00 Mon-Thurs 3-9PM Fri 3-6PM GRANT 10.75 2000 21,500.00 1 21,500.00 Sat 9-6 Sun 2-6 WILSON 11.50 2000 23,000.00 1 23,000.00 HEALTH WEISER $ 10.52 2600 $ 27,352.00 1 $ 27,352.00 Mon-Fri 7:15-5:30 Thurs 7:15-6:30 GRANT 10.75 2600 27,950.00 1 27,950.00 WILSON 11.50 2600 29,900.00 1 29,900.00 DSS WEISER $ 10.52 2232 $ 23,480.64 1 $ 23,480.64 8:00am-5:00PM GRANT 10.75 2232 23,994.00 1 23,994.00 WILSON 11.50 2232 25,668.00 1 25,668.00 TOTAL ANNUALIZED WEISER $327,802.42 COST PER SERVICE PROVIDER GRANT $344,709.50 WILSON $368,759.00 Cost Difference per Dept between High & Low Proposals ANNUAL COST ANNUALIZED COST CALCULATION DIFFERENCE WEISER WILSON COURTS $ 256,629.78 $ 290,191.00 $ 33,561.22 LIBRARY 20,340.00 23,000.00 2,660.00 HEALTH 27,352.00 29,900.00 2,548.00 DSS ___ 23,480.64 25,668.00 2,187.36 $ 327,802.42 $ 368,759.00 $ 40,956.58 ae 13 ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (1 announcement APPOINTMENTS TO BOARDS & COMMISSIONS Carolinas Partnership (1_appointment): by Commissioner Norman to postpone this appointment until the August 5 meeting. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee (1 appointment): MOTION by Chairman Johnson to postpone this appointment until the August 5 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (4 appointments): MOTION by Commissioner Norman to postpone these appointments until the August 5 meeting. VOTING: Ayes — 5; Nays — 0. Mitchell Community College Board of Trustees (1 appointment): Commissioner Tice nominated Alice T. Fortner. Commissioner Madison motioned) to close the nominations and appoint Fortner by acclamation. VOTING: Ayes — 5; Nays — 0. NEW BUSINESS Announcement of the 2003 Annual Conference of the North Carolina Association of County Commissioners in Greensboro, NC (Koury Convention Center) on August 14-17, 2003: Chairman Johnson mentioned that any board members desiring to attend the annual NCACC conference should notify the clerk to the board. (The voting delegate will be elected at the August 5 meeting.) Contracts with Volunteer Fire Departments: Chairman Johnson said he had received a copy of a 2003 Report for the Volunteer Fire Department Fund that had been given to the members of the North Carolina General Assembly. He said Iredell County had two fire departments (Monticello and South Iredell) that applied for supplementary funding from the State; however, they didn’t receive any money. He said the total amount requested was $26,581.50, but nothing was approved. Johnson said Wake County did not receive any money either, but a department in Mecklenburg County received $6,848. Chairman Johnson said the highest rating (point system) of any department receiving the funding was 432. He said the lowest rating in Iredell County was for South Iredell at 558. Mr. Johnson said this indicated that Iredell County had been cooperative and generous in its funding to the VFDs. He continued by saying it did appear, however, that there should be some amendments in the way the county conducted business with the fire departments. Johnson suggested that at the next meeting, a discussion occur about the contracts with the departments not included in the county-wide fire tax district. Mr. Johnson said the amendments would stipulate that the members of the board of directors for these VFDs would come from the imposed tax district, but they would not be associated with the fire department. He said this would provide a cross-section of the community in which the fire department was located, rather than a narrow section of the area. Johnson said this would maintain credibility in the community, and it would assure the residents that they had some say-so in the governance of the fire departments. MOTION by Chairman Johnson to discuss amendments to the contracts with the volunteer fire departments having voted-in tax districts at the next meeting. Commissioner Madison asked if the chiefs from these departments could be invited. Johnson was agreeable to inviting them to the meeting. VOTING: Ayes — 5; Nays — 0. 14 COUNTY MANAGER’S REPORT: County Manager Mashburn said the Town of Troutman had repaid the $250,000 loan approved in 1998 for Exit 42 (sewer line extension). He said a total of $287,368.91 had been received, and this included a deduction for development that had occurred in the area. CLOSED SESSION: IMOTION by Chairman Johnson at 8:15 p.m., to enter into closed session for the purpose of discussing an economic development matter pursuant to G.S. 143-318.11 (a) (4). VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 8:30 P.M.) ADJOURNMENT: by Chairman Johnson to adjourn the meeting at 8:30 p.m. NEXT MEETING: August 5, 2003 with a 5 p.m. briefing in the South Wing Conference Room of the Iredell County Government Center and the regular meeting at 7:00 p.m., in the Commissioners’ Meeting Room. Prior to the meetings, a groundbreaking for the new library will be held at 4 p.m., at the site on Tradd Street. VOTING: Ayes — 5; Nays — 0. Approved: a . t Bt Aslt3 pe ic. PST . 2 7 y Clerk to the Board 15 IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES AUGUST_5,_2003 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, August 5, 2003, 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, Planning and Code Enforcement Director Lynn Niblock, Library Director Steve Messick, Tax Administrator Bill Doolittle, Tax Collector Joe Ketchie, Recycling Coordinator Carla Parks, Emergency Management Director Tracy Jackson, Social Services Director Don Wall, and Clerk to the Board Jean Moore. Request from the City of Statesville for the Review of an Urban Service Area: Joining the commissioners to discuss an urban service area (USA) were Statesville Mayor John Marshall, Statesville Planning Director David Currier, and Planning Works Consultant Michael Lauer of Kansas City, Missouri. Marshall said the city had been reviewing a comprehensive land use plan and this review had prompted discussions about an urban service area. He said that before the city could continue studying the USA concept, some “assurances” needed to be obtained from the county. Mayor Marshall said that if the county officials were willing to review an urban service area, a “methodogy” needed to be worked out. Lauer said there were differences between a USA and ETJ (extraterritorial jurisdiction). He said that in USAs, different governmental groups defined the rules and an intergovernmental agreement was adopted. Lauer discussed the following “key points” and said that if the two governments could reach some consensus on them, an urban service area might be feasible. 1. Land Use Plan (A basis to zoning decisions -- city and county would have to mutually agree on future land use plans and a joint amendment process.) 2. Public Improvement Standards (These would be for streets/utilities/drainage & other services.) 3. Other Development Standards (Items such as zoning, sign regulation and landscaping.) 4. Review & Approval Process (County would be the approval body on subdivision and zoning requests, but the city would have some say-so on public improvement variances.) 5. Interim Development (If no sewer in the CIP [Capital Improvement Plan] developer may extend or propose interim cluster development. Also, planned development must accommodate planned utility and street extensions.) 6. Other Marshall said the citizens would benefit from a USA area because they would know what services would be available, plus farmland would not be “chewed up.” He said there would be a plan to show how the city desired to grow. Commissioner Norman asked how many residences would be involved. Lauer said he understood there had been a 20-year projection showing the City of Statesville should grow by about 20,000 — 30,000 people. He said the USA regulations would primarily be on new development. Marshall said the city had not seen that many “big-end developers” in the past, but it was felt this would be different in the future. Commissioner Williams asked if annexation could be guaranteed. Marshall said it was hard to predict the actions of future councils, but it would make sense for the annexations to occur. Commissioner Tice asked about the impact on Troutman. Marshall said initially, the Troutman officials had been asked if they desired to participate, but at the present time the municipality was not included in the project. Currier said discussions had occurred with the Troutman Town manager. He said a municipal agreement would have to be approved for Troutman’s inclusion. Near the conclusion of the discussion, the commissioners agreed to learn more about the USA concept. Marshall said a task group had been established and another meeting was planned in September. Mayor Marshall said the meeting specifics would be shared with the county manager, and he could share them with the board members. Lauer said a list of issues would be created about urban service areas prior to the next task group meeting. Request for Approval of (1) An Amended Capital Project Ordinance for the CDBG Water/Sewer Project Fund (2) the Awarding of the Water Storage Tank Bid to Phoenix Fabricators & Erectors in the Amount of $961,000 for the West Farm Development Project Contingent Upon Obtaining Easements, etc., & (3) the Approval of a Memorandum of Understanding Pertaining Contingency Funding for the Tank: Benji Thomas, an engineer with West Consultants, recommended that the contract for the new water tank at the West Farm development site be awarded to Phoenix Fabricators and Erectors contingent upon obtaining the necessary property easements and a lease agreement with EnergyUnited Water. County Manager Mashburn said an Amended Capital Project Ordinance had been created stating the owners of the property (West Realty or West Farm Development) would pay $200,000 “up-front” before the water tank construction company was paid the first payment. He said West Realty would then owe a balance of $100,000.00, but this would not be due until all of the other funds had been used. Announcement of the Iredell County Tax Collector’s Retirement effective June 1, 2004 and Acceptance of his Resignation Letter: In a letter dated June 24, 2003, Tax Collector Ketchie advised of his decision to retire on June | of next year. Adjournment: Chairman Johnson adjourned the briefing session at 6:30 p.m. Approved: ¢ Legust 19. 2003 Aon CG. Mie ao Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES AUGUST 5, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, August 5, 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 Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, 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 TO THE FLAG ADJUSTMENTS OF THE AGENDA: by Chairman Johnson to adjust the agenda by the following actions: Deletions: * Request from the City of Statesville for the Review of an Urban Service Area (see briefing minutes) * Announcement of the Iredell County Tax Collector’s Retirement Effective June 1, 2004 and Acceptance of his Letter of Resignation (see briefing minutes) * Closed Session for an Economic Development Matter Additions: * Amended Capital Project Ordinance for the CDBG Water/Sewer Project Fund (Millard Refrigerated/West Farm Water Tower Project) * Budget Amendment #4 for $125,826 to recognize a Homeland Security Grant and to appropriate the funds for equipment, exercises and training * Budget Amendment #5 to recognize a grant from the State of North Carolina for the Citizen Corp Council VOTING: Ayes - 5; Nays - 0. APPOINTMENT BEFORE THE BOARD Presentation from Mr. Stan Thompson, Chairman of the Transportation Committee for the Mooresville/South Iredeli Chamber of Commerce, Regarding the Hydrail Initiative: Mr. Thompson said a group in Mooresville had been trying to facilitate the development of the world’s first hydrogen fuel cell powered rail line between Mooresville and Charlotte. He said the line would be a part of the Charlotte Area Transit System (CATS) network. Thompson said the federal and state governments were encouraging hydrail systems, and a grant would be written by the University of North Carolina at Charlotte. Thompson said the technology was already in place due to a small hydrail locomotive being built in California and a switch engine now being used at army yards. Thompson gave the following eight purposes of the hydrail initiative. To justify and obtain federal funding toward extending the CATS north line into Mooresville. To help President Bush's hydrogen-based energy independence policy. To help the Centralina region “stave off” transportation funding impoundment by the U.S. EPA due to air quality non-attainment. 4. To exercise/demonstrate the Mooresville Chamber of Commerce's development and commercialization relationship with the University of North Carolina at C harlotte. 5. To serve as the anchor project for the Mooresville Chamber’s “Hydrogen Valley” development vision, uniting communities ina hydrogen research and development and commercialization complex. oyu > 6. To attract maximum CATS ridership to a unique, clean, silent, and environmentally exciting “world’s first” transit technology. 7. To provide a high-visibility project showcasing the U.S. EPA and Centralina C ouncil of Governments’ Sustainable Environment for Quality of Life (SEQL) project. 8. To give North Carolina one “transportation first” that it didn't have to share with Ohio. Chairman Johnson thanked Mr. Thompson for his presentation. PUBLIC HEARINGS (7:00 p.m.) Chairman Johnson declared the meeting to be in a public hearing and invited the individuals desiring to speak in reference to Case No. 0307-1 to come forward to be sworn in. Case No. 0307-1; Theodore N. Busch requests an Amendment to the Iredell County Land Use Plan and a Property Rezoning from Residential Agricultural to General Business Conditional Use District (Location: 197 Jennings Road, Statesville, NC — PIN#4747-82-7350): Planning Supervisor Smith said Mr. Theodore Busch desired to rezone 7.68 acres of a 19.02 parcel from Residential Agricultural to General Business Conditional Use District. Smith said Mr. Busch was proposing to establish a business on the property for the development and sale of car-care products. He said the following conditions had been created for the request. * Outside storage area shall be screened from Jennings Road and adjacent property lines at least 90% opaque, a minimum of eight feet in height measured from the ground. ¢ A minimum front setback of 200 feet. * Lighting a. The primary cone of illumination shall not extend outside the property lines. b. Suite lighting source shall be at a height and direction so as not to be visible from I-77. Mr. Smith said the planning board unanimously voted to approve the rezoning and land use plan amendment on July 2, 2003. No one else desired to speak, and Chairman Johnson adjourned the hearing. by Commissioner Tice to amend the Iredell County Land Use Pian as it related to Case No. 0307-1 (Theodore N. Busch). VOTING: Ayes — 5; Nays — 0. MOTION by Commissioner Williams, after reviewing the findings of fact and determining them to be in order, to grant the rezoning request of Case No. 0307-1 (Theodore N. Busch) from Residential Agricultural to General Business Conditional Use District with the conditions stipulated by the planning supervisor. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Proposed _ Zoning __ Ordinance ___ Amendment: Section 18.4 (Violations, Enforcement Procedure, Penalty): Planning Supervisor Smith said this amendment would help to bring some unison between the zoning ordinance and the county code. He said the code allowed his office to utilize the civil citation process whereas the zoning ordinance had never had this language added to it. Smith said the Institute of Government had recommended that the amendments be adopted, and on July 2, 2003, the planning board unanimously voted to approve the changes. Mr. Smith said the major revision would be adding the following paragraph to subsection D. The Zoning Administrator shall issue a Citation (by certified or registered mail to his last known address, by personal service, or by posting notice conspicuously on the property) giving seven (7) days to bring the violation into compliance and notifying that the penalty for the violation is $100. If the owner or occupant comes into compliance within the seven (7) days, a $100 penalty will be collected. If the owner or occupant fails to come into compliance, a second Citation will be issued (by certified or registered mail to his last known address, by personal 2 service, or by posting notice conspicuously on the property) extending the deadline by another seven (7) days and assessing a penalty of $100 for the previous seven (7) days. There will be a continued accrual of $100 per day for each day the violation continues thereafter. Further failure to come into compliance will result in the case being turned over to the County Attorney for enforcement and possible legal action. In any case where the same owner and same parcel are involved in the same violation (repeat offender), the Citation Process above will be utilized. A $100 minimum penalty will be collected. No one else desired to speak, and Chairman Johnson adjourned the hearing. by Commissioner Madison to approve the amendments to Section 18.4 as presented. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Proposed Zoning Ordinance Amendment: Section 8.3 (Table of Permitted Uses & Special Uses — Winery) along with Article IX (Special Requirement Notes to the Table of Permitted Uses) & Section 18.6 (General Definitions): Planning Supervisor Smith said his office had received several inquiries about winery requirements. He said currently, the only areas where wineries could be located were in manufacturing districts. Smith said the Farmland Preservation Board and the Iredell County Planning Board had both given favorable recommendations to provisions that would allow vineyards and wineries to operate together. He said currently, vineyards were allowable under “bona fide farm uses,” and this basically allowed them in any area of the county. Smith said the amendments would allow wineries to be operated as “special uses” in the Residential Agricultural and Rural-Residential Districts. Smith gave the following definition for a winery and said the following conditions would have to be met to be considered as an establishment of this type. A. General Definition: Winery: A facility or establishment engaged in the processing of grapes to produce wine or wine-like beverages. SR 51 Wine A. The facility must be operated in association with an existing vineyard (bona fide farm) located on the same property, or multiple adjoining properties under the same ownership. B. Facility must be located in such a manner that visual impact to adjoining properties used or zoned for residential or agricultural purposes is minimal. C. All structures, buildings, storage area, etc., associated with the winery must be setback a minimum of two hundred (200) feet from all property lines or street right of ways. D. A facility serving as a winery may be permitted without the presence of an on-site vineyard, if, in the board of adjustment’s estimation, the facility will benefit, cater to, and serve the independent vineyards of Iredell County, and surrounding areas. Outdoor lighting shall be designed to minimize light from directly impacting adjacent property. F. All parking and storage area associated with the winery shall be screened from adjoining properties used or zoned for residential or agricultural purposes. If existing topography and natural vegetation does not provide an existing visual barrier, selective screening shall be required. Screening shall meet the requirements of Article 12.1 set forth in this ordinance. G. Associated small-scale processing, catering, or lodging facilities (such as, but not limited to cheese making and restaurants), that are incidental to the winery, but may enhance the overall property in relation to tourism, may be permitted on a case-by- case basis by the Board of Adjustment. Associated uses are subject to the above requirements as well. is) No one else desired to speak, and Chairman Johnson adjourned the hearing. by Commissioner Norman to approve the winery zoning ordinance amendments as proposed by the planning supervisor. VOTING: Ayes ~ 5; Nays — 90. ADMINISTRATIVE MATTERS Request for Approval of the Transportation Improvement Program (TIP) Priorities: Planning Supervisor Smith briefed the board on the transportation priorities that were presented to the North Carolina Department of Transportation at the last two hearings. The priorities were as follows: Interstate 40/US 21 Interchange & Widening Brawley School Road (SR 1100) Interchange & Widening US 70 - Widening from Fanjoy Road (SR 2318) to Salisbury 1-77/Cornelius Road Interchange and Connector to Mazeppa Road (SR 2395) US 21/NC 115 Widening from Troutman to Barium Springs APS Other: Feasibility Study for River Highway (NC 150) Smith said he had been told the US 70 widening should be deleted from the list due to the improvements already occurring, and he was recommending that NC 150 (River Highway) be added as the #3 priority. | He said that in reference to the #1 priority (I-40/US 21), the improvements should extend northward to Jane Sowers Road. Smith mentioned that due to the establishment of the Rural Planning Organization (RPO), that both regional and local improvement requests would be presented to the State. In addition, Mr. Smith said the two chambers of commerce had created a subcommittee to review transportation needs, and this group identified the following priorities. Greater Statesville and Mooresville-South Iredell Chamber of Commerce's Transportation Priorities Subcommittee Recommendations J-77 /I-40/US 21 improvements (broader inclusion) Brawley School Road widening River Highway (NC 150) widening I-77 widening Garner Bagnal Boulevard widening I-77 Cornelius Road interchange and connector US 21/NC 115 widening between Troutman & Barium Springs NAWAWNE Chairman Johnson then recapped the following TIP priorities that had been recommended by Smith. 1. 1-40/US 21 Interchange and Widening to Encompass the I-77/1-40 intersection and proceed north to the Jane Sowers Road Brawley School Road (SR 1100) Interchange & Widening River Highway (NC 150) 1-77/Cornelius Road Interchange and Connector to Mazeppa Road (SR 2395) US 21/NC 115 Widening from Troutman to Barium Springs Sry P by Commissioner Williams to approve the five Transportation Improvement Program priorities as recommended by Mr. Smith. VOTING: Ayes — 5; Nays — 0. Note: Chairman Johnson requested that at the hearings, Mr. Smith mention the Garner Bagnal widening. Johnson said this might convey to the State officials that other improvements were needed in the county. Also, at the briefing session, Johnson said that if membership in the RPO allowed for more improvement requests, he felt the area where the new Lowes complex was being constructed in Mooresville should be given some attention. (He mentioned both sides of Langtree Road.) CONSENT AGENDA by Chairman Johnson to approve the following 11 consent agenda items. VOTING: Ayes — 5; Nays — 0. i. Request for Approval of (1) An Amended Capital Project Ordinance for the CDBG Water/Sewer Project Fund (2) the Awarding of the Water Storage Tank Bid to Phoenix Fabricators & Erectors in the Amount of $961,000 for the West Farm Development Project Contingent Upon Obtaining Easements & (3) the Approval of a Memorandum of Understanding Pertaining to the Funding of Contingency Costs for the Water Tank Project Iredell County, North Carolina Amended Capital Project Ordinance Community Development Block Grant (CDBG) Water/Sewer Project Fund Be it ordained by the Board of County Commissioners of Iredell County, North Carolina: Section 1. Funds for the Sewer Project of this Capital Project Fund will be provided from the following sources: Millard Refrigeration 160,465 és Greater Statesville Dev. Corp. 50,000 i Iredell County General Fund 66,575 $ 277,040 Section 2. Funds for the Water Tank Project of this Capital Project Fund will be provided from the following sources: CDBG-ED Grant 240,000 Rural Center Grant 150,000 Golden Leaf Pass-thru grant from Committee of 100 150,000 USDA Rural Economic Development Loan — to be repaid by Energy United Electric 240,000 West Family Commitment 300,000 Contingency Commitment from Project Participants 42,310 $1,122,310 Section 3. The following costs to design, engineer and construct the sewer line and lift station are as follows: Design, Engineering, & Other Costs $ 7,800 Contingency 8,775 General Construction 260,465 $277,040 Section 4. The following costs to design, engineer and construct the water tank are as follows: Professional Fees-Engineering, Surveying, Inspections 87,310 Grant Administration 24,000 Construction of Water storage Tank 961,000 Construction Contingency 50,000 Section 5. This Capital Project Fund shall continue until the project is complete. Section 6. Payments from this Capital Project Fund shall be authorized by the County Manager or his designee. Section 7. Millard Refrigeration will be billed for its proportionate share of the sewer project construction contract as each invoice is received from the contractor. Section 8. Two-thirds of the funds committed by the West Family shall be due prior to the County’s first payment on the water storage tank construction contract. The balance of the commitment shall be due after all other project funds have been drawn down and expended. Section 9. County funds remaining in this Capital Project Fund after completion of the construction project will be transferred to the Capital Reserve Fund. This amended Project Ordinance being adopted August 5, 2003. kee * 5 & * IREDELL COUNTY ENERGY UNITED WATER CORPORATION WEST FARM DEVELOPMENT PROJECT CONTRACT B: 1,000,000 GALLON ELEVATED WATER STORAGE TANK BID TABULATION Phoenix Fabricators Avon, Indiana Caldwell Tanks Louisville, KY CB&I Constructors Alpharetta, GA Base Bid (required) 1,000,000 Gallon Elevated Water Storage Tank, Complete 360 days Lump Sum $961,000.00 $994,376.00 $1,261,000.00 Alternate Bid (required) 750,000 Gallon Elevated Water Storage Tank, Complete 360 days Lump Sum $739,470.00 $820,193.00 $1,097,000.00 Alternate Bid No. 2 (optional) 1,000,000 Gallon Elevated Water Storage Tank, Complete 270 days Lump Sum No bid No bid No bid Alternate Bid No. 3 (optional) 750,000 Gallon Elevated Water Storage Tank, Complete — 270 days Lump Sum No bid No bid No bid Alternate Bid No. 4 (optional) 1,000,000 Gallon Fluted Column Style Elevated Water Storage Tank — Complete 360 days Lump Sum No bid $1,160,135.00 $1,061,000.00 Alternate Bid No. 5 (optional) 750,000 Gallon Fluted Column Style Elevated Water Storage Tank, Complete — 360 days Lump Sum No Bid $966,401.00 $897,000.00 Alternate Bid No. 6 (optional) 1,000,000 Gallon Fluted Column Style Elevated Water Storage Tank, Complete — 270 days Lump Sum No bid No bid No bid Alternate Bid No. 7 (optional) 750,000 Gallon Fluted Column Style Elevated Water Storage Tank, Complete - 270 days Lump Sum No bid No bid No bid Instrumentation and Controls Base Bid (required Lump Sum $17,500.00 $12,500.00 $9,700.00 Alternate Bid No. 1 (required) Dexter-Fortson Equipment Lump Sum $16,660.00 $9,800.00 $8,900.00 Benjamin Thomas, an engineer with West Consultants, Inc., recommended that the low bid of $961,000 from Phoenix Fabricators & Erectors, Inc. (182 South County Road 900 East, Avon, Indiana 46123) be selected. x* ke * Memorandum of Understanding Regarding the Funding of Contingency Costs for the Millard Refrigerated Services/ West Farm Water Tank Project The water tank project has funding of $1,080,000 and the low bid amount for the project is $961,000, excluding instrumentation and controls (telemetry). Additional costs are the engineering, surveying, and inspection fees of $87,310 and the CDBG administration fee of 6 $24,000. Thus, the total cost for the project is $1,072,310, which leaves $7,690 available for possible contingency costs. These funds will be exhausted before requests for additional funding will be necessary. Although there are no known or expected contingency costs, it is recognized that if some costs should arise which exceed $7,690 it then will be necessary to determine how the parties participating in the funding will pay for the costs. Therefore, the parties that have signed below do hereby agree to pay equally (20% each) any additional costs above the funded amount of $1,080,000, up to a maximum of $8,462 each. Such additional costs shall only be those that may become necessary to pay in order to satisfactorily complete the project. Unnecessary additional costs will not be paid in this manner (such as painted logo, etc.). Under this agreement there will be up to $50,000 in contingency funding available if necessary. A new and separate agreement will be required before contingency costs in excess of $50,000 can be paid. This document expresses the continued partnership and commitment to economic development and the future growth of Iredell County. Should contingency funds be necessary, amount of contingency used will be recouped through application of an acreage fee applied to the sale of property. Proceeds of the acreage fee will be redistributed to the parties based on the formula outlined above and will be discontinued once contingency funds are repaid. (Note: The document is to be signed by the following: Stephen D. Johnson [Iredell County Board of Commissioners}, R.B. Sloan [EnergyUnited Electric Membership Corp.], Jerry Durmire {EnergyUnited Water Corp.], Julian West [West Realty Agency], and John McCalla [Statesville Development Corp.]) x* * * * 2. Request for Approval of a Change Order for the new Iredell County Library Amounting to $534,623 (upfit for the lower level): Architect Earle Gaulden recommended during the briefing that a $534,623 change order be approved for the upfitting of the library’s lower level. He said the $534,623.00 plus the $3,823,547.00 would give a total contract amount of $4,358,170.00, and this would leave enough funding for the data hook-ups, furnishings and contingency. Mr. Gaulden said he was still trying to work with the City of Statesville’s Planning Department in an effort to secure more parking spaces. (The new library will now have 53,000 sq. ft. [all three levels] and this amount will meet the 20 year needs plan.) 3. Request for the Acceptance of the Annual Tax Settlement and a Directive to Recharge the Delinquent Tax Bills Back to the Tax Collector for Collection: Tax Collector Joe Ketchie presented the settlement spreadsheets at the briefing session. 4. Request for the Appointment of Linda L. Morrow and Ann Gray Starnes as Deputy Tax Collectors in Accordance with G.S. 105-349(f) Effective Immediately with Terms to Expire on May 31, 2004 5. Request for Approval of a Resolution to Authorize the Awarding of a Badge to Retiree Bill Redmond, a former Deputy with the Sheriff's Department, and the Sale of a Service Sidearm: The following resolution was approved on behalf of Deputy Redmond who retired on August 1, 2003. RESOLUTION REGARDING THE BADGE AND SIDEARM OF DEPUTY BILL REDMOND Whereas, Bill Redmond has served in the Iredell County Sheriff's Office and has, upon his retirement, requested that he be permitted to retain his badge and to purchase his service sidearm. NOW, THEREFORE BE IT RESOLVED, by the Iredell County Board of Commissioners that said badge be awarded to Deputy Redmond at no cost and his sidearm be sold to him for the sum of One Dollar ($1.00), as provided for in G.S. 20-187.2. One (1) Glock, 40 caliber pistol Model 22, S/N ALF-336 6. Request for Approval of a Contract with D.B. Banks, Inc., for Wood Waste Grinding at the Solid Waste Facility: At the briefing, Recycling Coordinator Carla Parks recommended that a wood waste grinding contract with D.B. Banks, Inc., be approved. She said the services 7 would include the grinding of all brush, pallets, and leaves at $15.00 per ton for waste already at the solid waste facility and $10.00 per ton for future debris. She said money was budgeted for the service, and the contract would be for one year. Mrs. Parks was asked why the facility had stopped selling mulch, and she said it had been determined that the sales were not cost effective. She said mulch stockpiles had to be turned or rotated on a frequent basis to avoid fires. Parks said the contractor would grind the debris and then haul it away from the facility. 7. Request for Approval to Accept the following Grant Awards from the Federal Emergency Management Agency and the North Carolina Division of Emergency Management: a. 2003 Emergency Management Performance Grant for $17,245 b. 2003 Emergency Management Performance Grant (Supplemental) for $17,261 8. Request for (1) Review/Approval of the Following Documents Relating to the FY 2003 State Homeland Security Grant Program (2) Approval of Budget Amendment #4 for $125,826 to recognize a Homeland Security Grant and to appropriate for equipment, exercises & training and (3) Budget Amendment #5 to recognize a grant from the State of North Carolina for the Citizen Corp Council: The documents that were reviewed and approved were as follows: a. Memorandum of Agreement b. Annex A - Reimbursement Funding/Declination Form (Grand Total of $125,826) c. Annex B - Designated Agent and Point of Contact Forms d. Annex C - North Carolina Subgrant Information e. Annex D - U.S. Department of Homeland Security Guidelines 9. Request for Approval of a Lease Agreement with Executive Offices, Inc., for Office Space to be Occupied by the Department of Social Services: Finance Director Blumenstein advised during the briefing that this lease would begin on January 1, 2004 for a two-year period. She said the rental amount would be $4,700 for 7,500 sq. ft., and that 55% of the expenses would be reimburseable through grants. 10. Designation of Commissioner Marvin Norman as the Voting Delegate for the Annual Conference of the North Carolina Association of County Commissioners 11. Request for Approval of the July 15, 2003 Minutes END OF CONSENT AGENDA ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (1 announcement): Tammy Brown has resigned from this committee. APPOINTMENTS TO BOARDS & COMMISSIONS Carolinas Partnership (1 appointment): Commissioner Tice nominated Rick McLean. Commissioner Madison |moved| to close the nominations and appoint McLean by acclamation. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee (1 a ointment): _Commissioner Williams nominated Margaret Fox. Chairman Johnson Imoved| to close the nominations and appoint Fox by acclamation. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (4 appointments): Commissioner Tice nominated Barbara Lippard and Barbara Erskine. Commissioner Madison lmoved |to close the nominations, appoint Lippard and Erskine by acclamation, and to postpone the remaining two appointments until the August 19 meeting. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER’S REPORT: Mashburn updated the board on the following projects. New library: Groundbreaking held today. New social services building: A meeting with the architects will be held next week. ICGC-South: This project is “back on track.” With the exception of the space to be leased to the NC Department of Environment and Natural Resources, the construction should be completed in September of this year. ADJOURNMENT: by Chairman Johnson to adjourn the meeting at 7:50 p.m. NEXT MEETING: Tuesday, August 19, 2003, 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: Clagasate M4, 2003 a. ¢. nr Vv Clerk to the Board