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HomeMy WebLinkAboutBoard of Commissioners Minutes 2003-2004 IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES AUGUST_ 19, 2003 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, August 19, 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, Tax Administrator Bill Doolittle, Chief Deputy Rick Dowdle, Fire Marshal Chuck Gallyon, Emergency Services Director Tracy Jackson, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. Request from the Sheriff's Department for Jail Expansion Funding: Chief Deputy Dowdle said the jail recently had 275 inmates, and this count was the highest since 1997. He said due to the overcrowding in the facility designed for 201 inmates that 20 were transferred to Davie County where they were being incarcerated at a cost of $40 per day, per individual. Dowdle said his population count was now at 232, but he expected over 20 “weekenders” to be added this Friday evening. He said one reason why the overcrowding had occurred was a two-week backlog of Superior Court cases, and another was the delay by the N.C. Department of Corrections in transferring out some of the inmates. Chief Dowdle requested permission to proceed with renovations at the former prison camp to alleviate the over-population problem. He requested funding to upgrade the dorm for the housing of approximately 40 inmates. (The septic system permit is for a capacity of 42.) Dowdle said repairs on the single- cell areas would not occur at the present. County Manager Mashburn said the county originally wanted a sewer line to hook up to, and this would probably occur in the future. He said for now, however, it appeared the county was having to spend as much in housing the inmates in another county as it was to renovate the former prison site and use a septic system. Support Services Director Vernon said the septic system would limit the number that could be housed at the facility, but it was being viewed as a “stop-gap” measure for the present. Mashburn emphasized that long-term, the county still had plans to hook up to a sewer line. Blumenstein said that if the board approved the $1 88,755 request, the Five-Year Capitol Projects Plan would need to be amended. Request for a Discussion with the Volunteer Fire Departments (VFDs) not Included in the County-Wide Tax Service District Regarding Possible Contract Amendments: Joining the commissioners for this segment of the briefing session were Stony Point VFD Chief Steve Lackey, Shepherds VFD Chief Kelly Robinson, and Mount Mourne Chief Steve Knox. Chairman Johnson said the main focus of the discussion was to talk about the composition of the board of directors for the departments. He said to maintain public confidence in the actions of the VFD’s governing body, it was being requested that a majority of the members on the board of directors be non-firemen. Chief Lackey said his board had ten members and six of them were from the community, or non-firemen. He said his department always tried to retain an equal balance between Iredell and Alexander County representatives. Lackey said there was a nominating committee for the board’s members, who were elected at an annual meeting, but the bylaws allowed anyone to run for the positions. Chief Knox said his board was comprised of four community representatives, two firemen, and himself, for a total of seven members. Knox said the board of directors voted on new members. Chief Robinson said his board had eleven members with ten being firemen and the remaining representative being from the community. Robinson said the community representative had asked to be on the board. Commissioner Williams said recently, the fire tax district board voted to re-write the contracts for the VFDs in the county-wide district. Robinson asked about how many members should be on a board of directors, and Commissioner Madison suggested that a maximum be at ten with perhaps a non- voting member to break tie votes. It was the consensus of the commissioners to utilize the fire tax district board along with the three chiefs (Shepherds, Mount Mourne, and Stony Point), or their designees, to develop the contract amendments. Presentation from the Planning Supervisor Regarding Open Space Requirements: Planning Supervisor Smith said a planning board subcommittee had reviewed the open-space requirements for subdivisions containing more than ten developable lots and had requested that he seek additional guidance pertaining to possible amendments. Smith said, specifically, the committee was trying to determine its major goal and to determine who should benefit from the open-space requirements. Mr. Smith asked if citizens would benefit from isolated private open space areas within individual subdivisions, or would they benefit from open space or recreation areas designated by the county. He said the committee felt that if the county designated areas for parks, greenways, and conservation areas, it would be easier and more beneficial to assess a fee-in-lieu of open space. Smith mentioned the possibility of a recreation/open space plan instead of the existing four-quadrant-park-system plan. Commissioner Williams said the four-park concept occurred before the county’s rapid growth spurt. Williams said he didn’t feel the open-space requirements could be tied to the four-park plan. Mr. Williams mentioned the fees associated with the requirements. He asked if these were in reality impact fees. Smith said the charges might be viewed as impact fees; however, they were legal. He said it appeared that the threshold (subdivisions with more than ten lots) needed to be “moved up.” Chairman Johnson asked the threshold on a 100-acre lot. Smith said he researched the subdivisions built in the past three years, and they were mostly in the 30-lot range. He said the primary focus was on the ones with 50 lots or more. Commissioner Williams asked about a subdivision with 49 lots. Smith said the developer would not have to comply. Williams asked what happened if the developer built two more times for a total of three subdivisions. Smith said his office would review all of the phases. 2 Commissioner Madison said the four-quadrant-park plan involved community participation along with any grants that might be available. He said the open-space requirement was basically a tax. Mr. Madison said that greenspace for parks was market driven and if left alone, the market would take care of itself by putting in tennis courts and so forth. He said these amenities would be maintained without the county’s assistance. Madison cautioned against having little pieces of land that were not generating money, and he cautioned against requiring anything the county might later have to maintain. Chairman Johnson questioned who would assist people on modest incomes -- building a baseball park for instance. Commissioner Williams mentioned that the land used for the Stumpy Creek Park had been leased from Duke Power. He said now, however, the North Carolina Parks and Recreation Trust Fund required that land be deeded. Mr. Williams said most of the land in the northern end was for farming, and people just didn’t give it away. He mentioned there was a civic group interested in donating money for a northern-end park; however, this couldn’t be done until there was a specific project or plan. County Manager Mashburn said he was looking at the issue as being two different things -- one as parks and the other as greenspace. Smith said the committee would focus on the original issue (increase the number of lots) and, potentially, return to the board of commissioners with a proposed amendment. Note: On October 1, 2002, the board of commissioners approved amendments to the subdivision ordinance pertaining to open space set-aside requirements. On May 20, 2003, the planning supervisor was requested to re-review the requirements with the planning board. Adjournment: Chairman Johnson adjourned the briefing at approximately 6:30 p.m. Approved: Agplink A } AV? 3 Yeu rl MTree ide ~ Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES AUGUST_19, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, August 19, 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, and Clerk to the Board Jean Moore. (Attorney Bill Pope was not in attendance.) CALL TO ORDER by Chairman Johnson. INVOCATION by Commissioner Madison. RECOGNITION OF BOY SCOUT CHANCE HEDRICK: Chairman Johnson recognized Boy Scout Chance Hedrick, who attended the meeting with his father, Steve. Chance is a member of Troop 348 (Wesley United Methodist Church). PLEDGE OF ALLEGIANCE TO THE FLAG ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Johnson to adjust the agenda by the following actions: Deletion: | Presentation from the Planning Supervisor Regarding Open Space Requirements (see briefing minutes) Additions: #Budget Amendment #6 for Jail Expansion eBudget Amendment #7 for the Creation of a Deputy C oordinator Position in the Office of Emergency Management eBudget Amendment #8 for the Recognition of a $10,000 Community Emergency Response Team Grant Clarification: eInstead of “Moving Forward,” the correct term for the Economic Initiative Sponsored by U.S. House Representative Cass Ballenger is “Future Forward” APPOINTMENT BEFORE THE BOARD Presentation from Mr. David Swann, the Area Director/CEO for Crossroads Behavioral Healthcare, Regarding the End-of-Year Report: Accompanying Mr. Swann to the meeting was Ken Marsh, the Local Management Entity liaison with the Division of Mental Health in Raleigh, NC. Swann said his presentation was due to the following reasons: 1. It was statutory that a financial report be given twice a year from the local mental health managing entity. 2. It was time to present an update on recent developments. Swann also provided the following information: i Crossroads received official notification that it had been given a three-year certification as a local managing entity. Quarterly reports will be necessary during the three years. Major goals: *To develop a strong Local Managing Entity (Care Management Functions, Finance, Customer Services, and Quality Management) *To develop a strong and comprehensive provider netw ork nN *To prevent people from losing a necessary health service during the transition 3. First quarter recommendations by the Division of Health & Human Services (DHHS) are as follows: « Quality Management Data should be reflected in provider profiles. + A description of Continuous Quality Improvement efforts should be given for the last two years. * Revision to the Service Management Section of the Business Plan to reflect changes in the State Plan. * Once service authorization protocols are approved by the DHHS, Crossroads will incorporate them into the authorization system. + Further develop the provider network and show how consumer care 1s coordinated. « Revise appeals and grievances policy and use the Consumer and Family Advisory Committee (CFAC) in the development of the revisions. 4. Financial report (attachment given to commissioners). 5. * Divestiture Schedule is moving forward according to the Strategic Plan. *Thirty-seven employees reduced in July 2003 -- all were rehired by contract providers and will work with the same population and in the same location. Some of the positions are located in Iredell County, and some live in Iredell County. Crossroads now employs less than 200 professionals. « Currently, 74 contract providers are working for Crossroads with over $8 million dollars appropriated to services through the contractors. Thirty-six percent of Crossroads’ $22 million budget is now in contracted services and will grow through this fiscal year. 6. Statewide, mergers and consolidations of area programs are occurring that will reduce the number of Local Managing Entities to 33 from 38 by June 2004. ts State mandate target population criteria is being used to admit persons for the enhanced benefit package (treatment). 8. North Carolina Council of Community Programs Position Statement Presented to the North Carolina County Commissioners Association (attachment given to commissioners). Swann reminded the board members that mental health reform resulted from a General Statute change in 2001. He said this led to the 2001 state plan (Blueprint for Change), and in 2002 revisions were made. Swann said that in July of 2003 there was a revision to the 2002 plan. He said there would be new state plans for 2004, 2005, and probably 2006. Mr. Swann said some county flexibility sections that had been offered in the state 2002 plan had been deleted, but discussions were occurring in an effort to have some of the deletions reinstated. CONSENT AGENDA Request for a Discussion with the Volunteer Fire Departments not Included in the County-Wide Tax Service District Regarding Possible Contract Amendments: Chairman Johnson announced that during the briefing, the board had agreed to delegate to the fire tax district board, of which Commissioner Williams was a member, the opportunity to draft new contracts for the VFDs not included in the county-wide service district. Johnson said the Shepherds, Mount Mourne and Stony Point VFD chiefs, or their designees, would also be invited to assist with the contract amendments. Mr. Johnson said it was his understanding the amendments would address the composition of the VFD’s governing body and stipulate that a majority of the board of directors be non-firemen or that they would not be associated with the department other than residing in the specific district. Mr. Johnson said Commissioner Williams had suggested that while the contracts were being reviewed, that other changes, such as centralized purchasing, be addressed. MOTION by Commissioner Norman to designate Commissioner Williams as the commissioners’ representative to work with the fire tax district board (county-wide) along with the chiefs, or their designees, from the Stony Point, Mount Mourne, and Shepherds Volunteer Fire Departments (VFDs), for the purpose of (1) incorporating language into the contracts stipulating that the majority of the VFD’s governing body would be non-firemen from the community (2) draft other contract amendments or revisions as deemed necessary for the efficient and effective operation of the departments and (3) share the contract amendments with the board of commissioners upon completion. VOTING: Ayes — 5; Nays — 0. Nm CONSENT AGENDA MOTION by Commissioner Williams to approve the following eight (8) consent agenda items. VOTING: Ayes — 5; Nays — 0. i. Request for the Adoption of a Resolution Pertaining to the Future Forward Planning Initiative Sponsored by Congressman Cass Ballenger: During the briefing session, County Manager Mashburn said this initiative was for the purpose of developing an economic development plan for counties in the western piedmont and mountain areas of the state. He said Congressman Ballenger had appointed a leadership group to assist in the project, and that consultants would provide an analysis of economic trends and other data. © Mashburn said the initiative was designed to aid businesses in creating new well-paying jobs, and it was designed to develop a plan for local leaders to have when making decisions during times of high unemployment and a changing economy. Commissioner Norman, a member of the Future Forward Committee, said $100 million in grant funding would be available and the county would be eligible to apply. Note: The twelve counties included in the initiative are Alexander, Burke, Caldwell, Catawba, Iredell, Lincoln, Rutherford, Avery, Mitchell, Watauga, Wilkes and McDowell. These are the counties in the state’s 10 and 11™ Congressional Districts. The following resolution was approved. RESOLUTION OF ENDORSEMENT of the Future Forward Economic Alliance’s Regional Economic Growth Strategy WHEREAS, in our current global economy the “region” is the foundation of economic competitiveness and prosperity and therefore communities must work cooperatively to enhance a region’s wealth; and WHEREAS, research demonstrates that western North Carolina is experiencing a transformation in which the region must take a proactive role to ensure it remains economically competitive; and WHEREAS, the Future Forward Economic Alliance has prepared a Regional Economic Strategy to serve as a “road map” to guide communities in how best to take advantage of existing strengths and opportunities and to identify new opportunities as the region continues its economic transition; and WHEREAS, all jurisdictions in the region have been invited to collaborate, recognizing that many of the initiatives will require broad participation to share resources, assets, leadership, and increase the scale, to maximize the impact on the region; and WHEREAS, the implementation of this plan will be undertaken through a collaborative effort between public and private organizations to address specific tactics presented in the Strategy. BE IT THEREFORE RESOLVED, that the Iredell County Board of Commissioners hereby endorses the vision, goals, and strategic actions presented in the Future Forward Economic Alliance’s Regional Economic Growth Strategy as a means of enhancing the region’s economic competitiveness and future prosperity. kkkek* 2. Request for Approval of the July 2003 Refunds and Releases: During the briefing, Tax Administrator Bill Doolittle requested approval of the following releases and refunds for the month of July. JULY 2003 TAX RELEASES & REFUNDS Releases Refunds | County $25,208.42 0 Solid Waste Fees 26.00 0 East Alexander Co. Fire #1 8.71 0 Shepherd’s Fire # 2 268.29 132.60 Mt. Mourne Fire # 3 104.78 0 All County Fire # 4 634.38 4,749.33 Statesville City 1767.1) 165.87 Statesville Downtown 8.28 0 Mooresville Town 13,015.22 0 Mooresville Downtown 0 0 Mooresville School 3,782.81 0 Love Valley 0 0 Harmony 4.13 0 Troutman 7.22 0 Total $44,855,35 $5,047.80 a 3. Request from the Sheriff's Department for Approval of Budget Amendment #6 to Appropriate Funds for Jail Expansion and for the Approval of an Amendment to the Five-Year Capital Projects Plan: (See briefing minutes for additional details about the expansion project. A copy of the amended capital projects plan is hereby incorporated into the minutes as Attachment A.) Proposed Jail Annex Harmony Highway Facility Salaries 8 Jailer I positions (Grade 62) for six months 100,025 FICA 7,650 Retirement 9,925 Health Insurance 13,200 $130,800 Utilities 25,000 Contracted Services — Pest Control, HVAC 4,700 Building Improvements Septic System 75,000 HVAC 25,000 Plumbing 10,000 Misc. Repairs & Painting 5,000 Fire Alarm Update 2,000 Electrical Update 4,000 | Fencing 5,000 | Misc. & Contingency 5,000 131,000 | Total Expected Costs 291,500 Capital Plan 03-04 planned for facility (67,905) Transfer from Jail budget contracted services (34,840) Funds Needed to Complete Project $ 188,755 Note: Estimated Unreserved, Undesignated Fund Balance of $11,675,382 (10.61% of the General Fund expenditures) 4. Request from the Sheriff's Department for Approval to Apply for a 2003 Law Enforcement Block Grant in the Amount of $28,319 for Computers: At the briefing, Chief Deputy Rick Dowdle said his department was trying to upgrade all of the computers. He said the FY 03-04 budget had provided for some of the upgrades, but due to financial restraints, ten units were not replaced. Dowdle also mentioned that a video system for the jail would be purchased. S. Request from the Emergency Services Director for Approval of Budget Amendment #7 to Convert a Vacant EMS Position to that of an Office of Emergency Management Deputy Coordinator Position: Tracy Jackson, the county’s Emergency Services Director, said at the briefing there was a vacant EMT III position, and he desired to convert it to a Deputy Coordinator position for the Office of Emergency Management. He said the position had been vacant for a lengthy period of time, and it would not be shortchanging or reducing the number of paramedics on any given shift. Jackson gave the following budgetary information for the new position. Deputy Coordinator Position — Grade 65 Work will involve: * Homeland Security Programs/Grants + All hazards program planning/preparation « Hazardous Materials planning/response * McGuire Emergency Preparedness Program - Interagency training/planning (fire, rescue, law enforcement, EMS, schools, public works, etc.) * Community outreach Funds requested from 03-04 EMS Budget = $49,318.50 Funds from the North Carolina Department of Crime Control & Public Safety = 1,725.00 Total $51,043.50 6. Request for Approval of Budget Amendment #8 to Recognize a $10,000 Grant from the North Carolina Division of Emergency Management for the Community Emergency Response Team (CERT): (The board gave permission for the Emergency Services Director to apply for this grant in June of 2003. The funds will be used for materials and equipment associated with three training classes for over 100 volunteers.) Vs Request from the City of Statesville for Payment of One-Half of the Interest Relating to a $2 Million Advancement for the Airport Expansion: Chairman Johnson explained during the briefing that the City of Statesville was running into time constraints for the completion of the airport’s runway extension. He said that in order to finish the project in a timely fashion, the city planned to advance up to $2 million that would later be reimbursed by the federal government. Johnson said the Statesville officials were requesting a letter of commitment advising that the county would pay one-half of the investment interest lost on the two million. (The extension of the municipal airport requires the purchase of land, and this is how the money will be used.) 8. Request for Approval of the August 5, 2003 Minutes END OF CONSENT AGENDA ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Lake Norman Marine Commission (1 announcement) Adult Care Home Community Advisory Committee (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (4 appointments): No nominations were submitted, and Commissioner Madison |motioned} to postpone the four appointments until the September 2 meeting. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER’S REPORT: County Manager Mashburn said a written activity report had been distributed. He then updated the board on the following projects: Iredell Co. Gov. Ctr. South: Problems with the HVAC have been addressed & the project is back on schedule; moving date is planned for October. New Library: Construction has started. West Farm Water Tank: Pre-Construction meeting held and it was learned the tank construction should begin the first of September; completion should be in three to four months. New Social Services Bldg.: Architects are meeting with a committee about the facility’s needs. CLOSED SESSION: Pursuant to G.S. 143-318.11 (a) (6), Chairman Johnson at 7:50 p.m. made a imotion| to enter into closed session for the purpose of discussing personnel matters. VOTING: Ayes — 5; Nays — 0. (Return to Open Session at 8:12 p.m.) Approval of Salary Increases for the Planning Supervisor and Support Services Director: County Manager Mashburn said that due to a market analysis, he was recommending salary increases for Ron Smith and J im Vernon. MOTION by Commissioner Madison to increase the salary for Ron Smith (Planning Supervisor), effective on his employment anniversary date (October 4), to $57,100 and to increase the salary for Jim Vernon (Director of Support Services), effective on his employment anniversary date (September 23), to $72,000. VOTING: Ayes — 4; Nays — 1 (Williams). ADJOURNMENT: MOTION by Chairman Johnson to adjourn the meeting at 8:15 p.m. NEXT MEETING: Tuesday, September 2, 2003, at 5 p.m. and 7 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes — 5; Nays — 0. sojeevetectlgatinntens’ an) aan ¢- mere Clerk to the Board 6 Iredell County 5-Year Capital Projects Plan Currently Funded August 19, 2003 Capital Reserve This Plan includes $932,095 from General Fund in FY03-04. FY04-05, $1,565,000. FY 05-06) Currently Financed $1,561,000, FY 06-07 $1,500,000 annual transfers from General Fund. i To be Financed School Capital Outlay & Other FY 2002-2003 FY 2003-2004 FY 2004-2005 FY 2005-2006 FY 2006-2007 Total Project Complete By Project Description Quarter Quarter Quarter Quarter Quarter 1] 2] 3] 4] FySpending | 1] 2| 3] 4] FY Spending 1] 2] 31 4] FySpending | 1] 2] 3} 4] Fy Spending | 1} 2 3) 4] FY Spending Projects in Progress ICGC-South 2,529,080 1,240,920 3,770,000 July, 2003 $100,000 FF&E 100,000 - 100,000 Total Project $3,870,000 New Public Library 814,000 4,628,800 934,880 - : 6,377,680 | November, 2004 Total Project $6,377,680 Priority Projects | DSS - Eastside Drive : 2,427,300 4,043,300 6,470,600 April, 2005 42-45,000 sf @ $125/SF; DD & FFE “ . : . Total Cost $6,470,600 2 2 | ICGC-S - Upfit for NCDENR 145,625 1,053,375 551,000 1,750,000 | November, 2004 = 26,800 sf @ 42/sf, + design, sitework < Total Project $1,780,000 es 3 Utility Extension - Hwy 21 N. . 500,000 : 500,000 June, 2005 Sewer Line to Jail Annex 200,000 200,000 $1,000,000 300,000 300,000 4 | Existing Library Renovation - 514,000 486,000 1,000,000 | September, 2005 Tax Offices, Elections, Mapping 17,830 SF Total Project $1,000,000 5 DSS Center Renovation 100,000 100,000 June, 2006 Plan&Enforcement/Vets Ser $40,000 Demo 2-story addn?Storage? $60,000 Total Project $100,000 Aug!92003FiveY earPlan.xis8/19/2003 1 of 2 FY 2002-2003 1} 2} 3} 4 Facility Services New 7,500 sf building for storage and equipment Total Cost $175,000 EMS Base - Main - South Move Base from ICGC-S Total $500,000 EMS Satellite Base Williamson & Brawley Total Expenditures FY Spending 3,588,705 FY 2003-2004 2} 31 4] FY Spending 9,550,395 FY 2004-2005 1} 2] 3] 4] FY Spending 6,843,180 FY 2005-2006 1] 2} 3] 4] FY Spending 175,000 FY 2006-2007 Total Project 3} 4] FY Spending 175,000 400,000 ; 21,643,280 Library-Currently funded from Capital Reserve 1CGC-South Financing Proceeds on hand Financing to Complete - DSS School Capital Outlay - Sewer Project Municipal/Business Commitments Capital Reserve Add: Balance on hand 2/28/03 Annual Appro from Gen Fund Deduct: Annual Expenditures Balance in Capital Reserve mend |___ Aug 192003FiveVearPian sish/102003 - Currently Funded Capital Reserve (annual $1.5 million) Currently Financed To be Financed Schoo! Capital Outlay/Other Commitments 814,000 4,628,800 934,880 6,377,680 2,529,080 1,240,920 3,770,000 2,427,300 4,043,300 - 6,470,600 200,000 200,000 300,000 300,000 366,905 932,095 1,565,000 1,561,000 1,500,000 245,625 1,053,375 1,565,000 1,561,000 100,000 4,525,000 121,280 - - - 1,400,000 3,588,705 _ 9,550,395 43,180 1,561,000 100,000_ 21,643,280 C May, 2006 September, 2006 ATTACHMENT A IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES SEPTEMBER 2, 2003 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, September 2, 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 (arrived at approximately 5:10 p.m.) Vice Chairman Godfrey Williams Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Library Director Steve Messick, Planning Supervisor Ron Smith, Human Resources Director Carolyn Harris, Health Director Ray Rabe, and Clerk to the Board Jean Moore. CALL TO ORDER by Vice Chairman Williams. Request from the City of Statesville for the Approval of an Easement for Sidewalk Construction at Iredell Memorial Hospital (pedestrian loop around the hospital and surrounding neighborhood): Wayne Lambert, the City of Statesville’s Director of Public Works, requested approval of an easement for sidewalk construction on property being leased to Iredell Memorial Hospital. He said the intent of the project was to provide a pedestrian loop around the hospital and the surrounding neighborhood. Lambert then presented a diagram with the easement dimensions. Commissioner Norman asked if a ten foot right-of-way was standard. Lambert said it was this size due to the catch basin lid. Commissioner Madison asked if the lease with Iredell Memorial had been reviewed to determine if easements were allowed. County Manager Mashburn said Amold Nunnery, Iredell Memorial’s administrator, had advised that the hospital’s board of trustees had no objections to the easement. Request from the Iredell Friends of the Library Organization for Permission to Conduct Fundraisers on behalf of the new Library Building: Library Director Steve Messick, along with Friends of the Library Chairman Arlene Foster and Vice Chairman Lisa McBane explained fundraising ideas on behalf of the new library. McBane requested permission to conduct the following fundraisers: Children’s Self Portrait Tiles: Ceramic tiles would be sold at $50 and placed in the children’s area. This would be an on-going project with a potential of $15,000 being made. The funds would be used to enhance the children’s section. Engraved Brick Tribute: Personalized bricks would be available for $150.00. They would be placed on the walkway of the library's main entrance. After expenses, this project has the potential of earning approximately $112,000. Leave a Legacy Program: Plaques recognizing donors would be placed in the library. The levels of participation are as follows: Patron $100-$249 Donor $250-499 Supporter $500-999 Benefactor $1,000-$2,499 Founder $2,500-$4,999 (Special Recognition for donors giving $5,000 or more) In addition, McBane said the public could join the Friends of the Library organization, and there were four membership levels. Commissioner Norman asked how many members were in the group, and he was advised there were around 186. Messick added that the library’s architect was familiar with the organization’s plans. Request for Approval of a Revision to the Workers’ Compensation Policy (Article VI. Holidays and Leave, Section 11 of the Iredell County Personnel Ordinance): Human Resources Director Harris said the 2002 Homeland Security Act had a two-phase smallpox vaccination plan. She said that after Phase I, a question was raised as to whether or not smallpox was a covered illness under the N.C. Workers’ Compensation Act. Harris said that in June of this year, the legislature ratified House Bill 273 stating that state employees who received the vaccination, and subsequently suffered adverse reactions, would be given workers compensation coverage. She said the Bill also required local governments to adopt a policy addressing sick leave and salary continuation for employees in similar situations. Mrs. Harris requested that Section 11 in the county’s personnel ordinance be revised to reflect the requirements of House Bill 273. Request from the Health Department for Approval of a Budget Amendment to Allocate Bioterrorism Grant Revenue in the Amount of $3,000 for the Purchase of a Public Health Laboratory Computer System: Health Director Rabe said $3,000 had been received from the state for the specific purpose of purchasing a public health laboratory computer system that would be of assistance in the event of bioterrorism events. Announcement from the Health Director in Reference to $32,307 being received in Bioterrorism Funding: Health Director Rabe said notice had been received that $32,307 had been awarded to his department. He said that since the funds were being allocated for bioterrorism response, Emerency Services Director Tracy Jackson would be contacted about the needs of the county. Rabe said that when a need was identified, he would return to the board with a budget amendment. Discussion and Announcement Regarding a $200,000 Rural Health Care Services Outreach Grant (Dental Services): Health Director Rabe said he recently learned that 25 federal grants would be awarded throughout the country for a “wide range of health services,” and he had envisioned the funding could be used for dental services. Rabe said the Partnership for Young Children had hired a grant writer, who could fill out the application, but there was not enough time for his staff to “pull the data together” by the September 12, 2003 deadline. He said for this reason, the grant would not be pursued this year, but in the near future he would probably discuss the county’s need for more dental services. Rabe said there was a goal to create one large dental clinic in the Troutman area. He said the current duplication of services, equipment, and staff could be eliminated with one clinic and the costs would be reduced. He said the health department currently treated children from 5 to 18 years of age, but if grant funding were received, the services could be expanded to cover low- income people of all ages as well as a “component out of the highly underutilized facility at Fifth Street’s Open Door Clinic.” Rabe said a facility in Troutman would offer a centrally located clinic for all of the people in the county. Fifth Street Ministries Board Member Chandler Bryan, who attended the meeting with Rabe, also stressed the need for more dental services. He said many dentists would not treat Medicaid patients. Commissioner Norman encouraged the health director to search for grants that would help to provide dental services in the county. 2 | Commissioner Tice said that in the past, dental equipment had been donated for a facility in Mooresville. Rabe said alternative sources would be searched, and this particular grant would be reviewed again next year. Request for Approval of a Resolution Declaring 600 Cases of Library Books Surplus and a Request to Sell them through a Private Sale: Finance Director Susan Blumenstein said the library had more books than could be stored, and the next surplus sale would not occur until June. She asked for permission to declare 600 cases of books surplus and to sell them through a private sale. Commissioner Williams said that other counties donated unused books to their Friends of the Library organizations. He asked if the members of Iredell County's chapter had been approached to see if they could use the books. Chairman Johnson mentioned that in the past, when he had attended the surplus sales, that many of the books appeared to have never been checked out or used. He asked if more scrutiny could be given when making the book purchases. The commissioners agreed to offer the books to the Friends of the Library as a donation, if the organization desired to have them. ADJOURNMENT: Chairman Johnson adjourned the briefing session at 6:10 p.m. Qn Approval: ~LaMinnbie Me, R00 s ter C Meme lf Clerk to the Board “WW IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES SEPTEMBER 2, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, September 2, 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 Madison. PLEDGE OF ALLEGIANCE TO THE FLAG: Boy Scouts Justin and Ryan Gibson with Troop 615 affiliated with the Church of Jesus Christ of the Latter Day Saints led the Pledge of Allegiance. The boys were attending the meeting to fulfill their citizenship and merit badge requirements, and they were accompanied by Scout Leaders Colby Gibson and Ernest Runge. ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Johnson to adjust the agenda by the following actions: Additions: * Appointments to the Regional Travel Demand Model Panel * Announcement of the Resignation of Mrs. Clara Vanderford from the Nursing Home Advisory Board * Add wording to the Request for Approval of a Resolution Declaring 600 Cases of Library Books Surplus and a Request to Sell them through a Private Sale stipulating that the books may also be donated to the Friends of the Library Organization VOTING: Ayes — 5; Nays — 0. Request from the Iredell Friends of the Library Organization for Permission to Conduct Fundraisers for the new Library: Friends of the Library Chairman Arlene Foster and Vice Chairman Lisa McBane attended the meeting to share ideas about library fundraisers. Mrs. McBane said her organization was a 501(c) (3) non-profit with its funds benefiting the library. She said her organization’s fundraisers would provide opportunities for the public to aid in the acquisition of additional books and other items for the new library. She then described the following fundraisers: Children’s Self Portrait Tiles: 400 tiles would be available at $50 each (C hildren would be allowed to create a self portraits and these would be transferred to ceramic tiles and placed in the children’s library area.) Engraved Brick Tribute: 800 bricks would be available at a cost of $150 each (Bricks would be laid in a “basket-weave pattern” from the parking lot to the library’s front entrance.) Leave a Legacy Program: After donations are received, donor plaques would be placed inside the new library. McBane said another option would be for the public to join the Friends of the Library. She shared the following membership levels: Individual - $10 Family - $25 “Good Friend” - $50 *Best Friend” - $75 MOTION| by Commissioner Madison to grant the request of the Friends of the Library to hold the fundraising projects as presented. VOTING: Ayes — 5; Nays — 0. (Additional information describing the projects may be found in the briefing minutes.) * * * OK Request for a Public Hearing to be Held on Tuesday, September 16, 2003 at 7:00 P.M. in Conjunction with the 2003 Certificates of Participation to be sold in November: Chairman Johnson introduced a 2003 Certificates of Participation document that had previously been distributed to each commissioner. Susan Blumenstein, the county’s Director of Finance and Administration, then read the title of the following resolution and summarized its contents. RESOLUTION CALLING FOR A PUBLIC HEARING CONCERNING THE FINANCING OF CERTAIN SCHOOL FACILITIES AND FACILITIES FOR MITCHELL COMMUNITY COLLEGE AND THE REFINANCING OF THE COUNTY OF IREDELL’S PAYMENT OBLIGATIONS UNDER A PRIOR FINANCING AGREEMENT PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT WHEREAS, the Board of Commissioners for the County of Iredell, North Carolina (the “County”) is considering the financing of (i) the construction of an addition to Scotts Elementary School and related renovation of the existing facilities, (ii) the construction of an addition to Harmony Elementary School and related renovation of the existing facilities, (iti) the construction of the new Southern Zone Elementary School, (iv) the construction of the new Mooresville Intermediate School and (v) the construction of an addition to Mitchell Community College to facilitate a work force development facility (collectively, the “Project”), pursuant to an Installment Financing Agreement, to be dated as of December 1, 2003 (the “Installment Financing Agreement”), between Iredell County Public Facilities Corporation, a North C arolina non-profit corporation (the “Corporation”) and the County; and WHEREAS, in order to achieve debt service savings, the Board of Commissioners for the County is also considering the refinancing, pursuant to the Installment Financing Agreement, of the County’s payment obligations under an existing installment financing contract, dated October 10, 2002, between the County and Bank of America, N.A. (the “Prior Financing Agreement’); and WHEREAS, pursuant to the Installment Financing Agreement, the Corporation will finance the Project and refinance the County’s payment obligations under the Prior Financing Agreement, and the County will make Installment Payments (as defined in the Installment Financing Agreement) in amounts sufficient to pay the principal and interest with respect to Certificates of Participation (Iredell County Public Facilities Projects), Series 2003 (the “2003 Certificates”), to be executed and delivered by the Corporation for the purpose of financing the Project and refinancing the County’s payment obligations under the Prior Financing Agreement, it being the express intention of the Board of Commissioners that only the principal amount of 2003 Certificates necessary to accomplish the purposes stated in the Installment Financing Agreement will be executed and delivered (estimated not to exceed $47,000,000 principal amount); and the County’s obligations under the Installment Financing Agreement will be secured by, among other things, a deed of trust on certain real property owned by the County, including the Scotts Elementary School Site, the Harmony Elementary School Site, the Southern Zone Elementary School Site and the Mooresville Intermediate School Site; and WHEREAS, the Installment Financing Agreement, if entered into, will comply in all respects with Section 160A-20 and Chapter 159, Article 8 of the General Statutes of North Carolina and the guidelines of the Local Government Commission of North Carolina for all financings and refinancings undertaken pursuant to said Section and Article; and WHEREAS, said Section 160A-20 requires that, before entering into an installment financing agreement involving real property, the County shall hold a public hearing on such agreement; now, therefore, BE IT RESOLVED by the Board of Commissioners for the County of Iredell: Section 1. A public hearing with respect to the Installment Financing Agreement is hereby directed to be held on Tuesday, September 16, 2003, at 7:00 P.M., in the Commissioners’ Meeting Room at the Iredell County Government Center, 200 South Center Street, Statesville, North Carolina. Section 2. The Clerk to the Board of Commissioners is hereby directed to publish notice of said public hearing, in substantially the following form, once at least ten (10) days prior to the date of the public hearing as required by Section 160A-20(g) of the General Statutes of North Carolina: NOTICE OF PUBLIC HEARING BY THE BOARD OF COMMISSIONERS FOR THE COUNTY OF IREDELL, NORTH CAROLINA, CONCERNING THE FINANCING OF CERTAIN SCHOOL FACILITIES AND FACILITIES FOR MITCHELL COMMUNITY COLLEGE AND THE REFINANCING OF SAID COUNTY’S PAYMENT OBLIGATIONS UNDER A PRIOR FINANCING AGREEMENT PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT NOTICE IS HEREBY GIVEN to all interested persons that the Board of C ommissioners for the County of Iredell, North Carolina (the “County”) is considering (a) the financing of (i) the construction of an addition to Scotts Elementary School and related renovation of the existing facilities, (ii) the construction of an addition to Harmony Elementary School and related renovation of the existing facilities, (iii) the construction of the new Southern Zone Elementary School, (iv) the construction of the new Mooresville Intermediate School and (v) the construction of an addition to Mitchell Community College to facilitate a work force development facility (collectively, the “Project”) and (b) the refinancing of the County’s payment obligations under an existing installment financing contract, dated October 10, 2002, between the County and Bank of America, N.A. (the “Prior Financing Agreement”), pursuant to an Installment Financing Agreement, to be dated as of December 1, 2003 (the “Installment Financing Agreement”), between Iredell County Public Facilities Corporation, a North Carolina non-profit corporation (the “Corporation”) and the County. It is expected that the Corporation will execute and deliver Certificates of Participation, evidencing proportionate and undivided interests in the Installment Payments to be made by the County under the Installment Financing Agreement, in an aggregate principal amount not exceeding $47,000,000 for the purpose of financing the Project and refinancing the payment obligations described above. NOTICE IS HEREBY FURTHER GIVEN that the Board of Commissioners will hold a public hearing in the Commissioners’ Meeting Room at the Iredell County Government Center, 200 South Center Street, Statesville, North Carolina, on September 16, 2003, at 7:00 P.M., or an adjournment thereof, at which time any person may be heard regarding the proposed Installment Financing Agreement. COUNTY OF IREDELL, NORTH CAROLINA By: Jean C. Moore Clerk to the Board of Commissioners Section 3. This resolution shall take effect immediately upon its passage. Upon of Commissioner Sara Haire Tice seconded| by Commissioner R. Godfrey Williams, the foregoing resolution entitled: “RESOLUTION CALLING A PUBLIC HEARING CONCERNING THE FINANCING OF CERTAIN SCHOOL FACILITIES AND FACILITIES FOR MITCHELL COMMUNITY COLLEGE AND THE REFINANCING OF THE COUNTY OF IREDELL’S PAYMENT OBLIGATIONS UNDER A PRIOR FINANCING AGREEMENT PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT” was passed by the following vote: Ayes: 5 (Stephen D. Johnson, R. Godfrey Williams, C. Douglas Madison, Marvin Norman and Sara Haire Tice) Noes: 0 MOTION by Chairman Johnson to approve the following eight consent agenda items. (See amendment to this motion on page six.) VOTING: Ayes — 5; Nays — 0. 1. Request from the City of Statesville for the Approval of an Easement for Sidewalk Construction at Iredell Memorial Hospital (pedestrian loop around the hospital and the surrounding neighborhood): (See briefing minutes for additional details regarding this matter.) Also, please note that after the consent agenda adoption, an amendment was made to the consent agenda motion stipulating that approval of the sidewalk easement would occur only after the county attorney reviewed the lease between Iredell Memorial Hospital and Iredell County to ensure that an easement was permissible. 2. Request from Harbor Presbyterian Church for the Release of Zoning and Subdivision Jurisdiction to the Town of Mooresville (Property is located on Williamson Road -- adjacent to the town limits of Mooresville.) Planning Supervisor Smith explained during the briefing session that Harbor Presbyterian Church was requesting the release of zoning and subdivision jurisdiction to the Town of Mooresville. He said recently, the Town had approved water and sewer service for the church. 3. Request from County Corner Marina West (Cotton & Johnson, LLC) for the Final Approval of a Detention Pond, Cash Bond, and an Operation & Maintenance Agreement for the Stormwater Structure: At the briefing session, Planning Supervisor Smith said County Corner Marina West was requesting final approval of a wet detention pond, a cash bond, and an operation and maintenance agreement. He said the facility was located at 1199 River Highway in Mooresville, N.C., and the pond had been completed and inspected in accordance with Section 507 of the Watershed Protection Ordinance. Smith said a cash bond for $2,953.13 had been issued with the county to cover the costs of future maintenance and repair. He also said a maintenance/operation agreement had been prepared and would be recorded at the Register of Deeds’ Office. 4. Request for Approval of a Revision to the Workers’ Compensation Policy (Article VI. Holidays and Leave, Section 11 of the Iredell County Personnel Ordinance): The following paragraph was requested to be added to Section 11. “Sickness due to work-related smallpox vaccination is covered by the North Carolina Workers’ Compensation Act in the same manner as are other workplace sicknesses or injuries. Employees absent from work due to receiving vaccination against smallpox incident to the Administration of Smallpox Countermeasures of the Homeland Security Act may elect to use accumulated sick and vacation leave as a supplemental payment for the difference between the regular salary and payments received under the Workers’ Compensation Act.” (Additional information regarding this item may be found in the briefing minutes.) $. Request from the Health Department for Approval of a Budget Amendment to Allocate Bioterrorism Grant Revenue in the Amount of $3,000 for the Purchase of a Public Health Laboratory Computer System (See briefing minutes for information regarding this request.) 6. Request from the law firm of Homesley, Jones, Gaines & Dudley for a $64 Excise Stamp Reimbursement in Conjunction with a Deed that should have been Recorded in Catawba County instead of Iredell County: As was explained during the briefing session, this law firm inadvertently recorded a deed at the Register of Deeds’ office that should have been processed in Catawba County. A revenue stamp charge of $64 was paid, but pursuant to GS. 105-228.37, the money may be refunded if the law firm follows the proper guidelines. 7 Request for Approval of a Resolution Declaring 600 Cases of Library Books Surplus and a Request to Sell them through a Private Sale or to Donate the Books to the Friends of the Library Organization: The following resolution was approved. 4 RESOLUTION AUTHORIZING EITHER THE PRIVATE SALE OF CERTAIN SURPLUS PROPERTY OR THE DONATION OF CERTAIN SURPLUS PROPERTY TO THE FRIENDS OF THE LIBRARY ORGANIZATION WHEREAS, the County of Iredell has possession of the following items of personal property which are surplus to its needs and desires to dispose of same. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Iredell County, that Evie D. Caldwell, Purchasing Agent, pursuant to the provisions of G.S. 160A- 266(c), is hereby authorized to dispose of the personal property either at private sale, or through a donation of the property to the Iredell County Friends of the Library, a 501(c) (3) organization. 600 Cases of Surplus Library Books + 8. Request for Approval of the August 19, 2003 Minutes END OF CONSENT AGENDA APPOINTMENTS TO THE REGIONAL TRAVEL DEMAND MODEL PANEL: MOTION by Chairman Johnson to appoint himself, along with Commissioner Marvin Norman as an alternate, and Planning and Enforcement Director Lynn Niblock to the Regional Travel Demand Model panel. VOTING: Ayes — 5; Nays — 0. (Note: Centralina Council of Governments has requested assistance from local governments to form a locally appointed “expert panel” to review countrywide land use plans in relation to a Regional Travel Demand Model. Centralina has indicated that the development of the “model” will be the first step in working with the North Carolina Division of Air Quality’s projection of a non-attainment area for most of the Region F (Centralina COG) area. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Nursing Home Advisory Board (one announcement): Due to health reasons, Mrs. Clara Vanderford has resigned from this board. by Commissioner Williams to suspend the Rules of Procedure regarding announcements and appointments to boards and commissions and to appoint Mrs. Barbara Sprinkle to the position vacated by Mrs. Vanderford. VOTING: Ayes — 5; Nays — 0. APPOINTMENTS TO BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (5 appointments): No nominations were submitted, and Commissioner Madison motioned) to postpone the appointments until the September 16 meeting. VOTING: Ayes — 5; Nays — 0. Lake Norman Marine Commission (1 appointment): Commissioner Tice nominated Mark Lancaster for the marine commission appointment. MOTION by Chairman Johnson to close the nominations and to appoint Lancaster by acclamation. VOTING: Ayes — 5; Nays — 0. UNFINISHED BUSINESS - ATM Kiosk at HALL OF JUSTICE County Manager Mashburn said he recently discussed a request from the State Employee’s Credit Union to place an ATM machine at the Hall of Justice (outside area facing Water Street). Mashburn said a lease had been received; however, revisions needed to be made prior to presenting it for approval. He also said a public notice about the leasing arrangement needed to be published. Attorney Pope said the lease was for an “unlimited duration” and the General Statutes did not allow this type of term length for local governments. He said the document needed to be modified to reflect either one ten-year term, or a shorter term with options not exceeding ten years. MOTION by Chairman Johnson to (1) discuss the ATM kiosk matter at the September 16, 2003 meeting, (2) request the clerk to advertise the public notice about the leasing arrangement, and (3) request that a copy of the amended lease document, as provided by the county attorney, be placed in the upcoming agenda packet. VOTING: Ayes — 5; Nays — 0. Further Discussion Regarding the Request for Approval of a Sidewalk Easement with the City of Statesville on County Owned Property Being Leased to Iredell Memorial Hospital: Commissioner Madison referred to the easement that was approved in the consent agenda. He asked if the lease between the county and the hospital should be reviewed prior to granting the easement. Attorney Pope said it was “theoretically possible the lease might preclude easements.” He said the easement would probably be all right, but that if he personally were the city, he would want the lessee of a long-term lease to consent to the terms of the easement. Madison asked if that should be a condition of the easement approval. Pope said the approval could be conditioned upon him fully reviewing the lease. MOTION by Commissioner Madison to amend the motion pertaining to the adoption of the consent agenda by stipulating that the sidewalk easement with the City of Statesville be approved contingent upon the county attorney reviewing the lease between Iredell Memorial Hospital and Iredell County and determining the easement to be permissible. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER’S REPORT: County Manager Mashburn reported on the following matters: Scrap Tire Disposal Grant Received from the North Carolina Department of Environment and Natural Resources: The grant for $40,000 was recently received. Rural Internet Access Authority Grant: Current funding expired on August 31. It is possible to seek $5,000 in additional funding, if there are no objections (No objections voiced.) CLOSED SESSION: MOTION by Chairman Johnson at 7:30 p.m., to enter into closed closed for the purpose of discussing economic development matters pursuant to G.S. 143-318.11 (a) (4). VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 8:09 P.M.) CALL FOR A PUBLIC HEARING REGARDING AN ECONOMIC DEVELOPMENT INCENTIVE FOR THE INGERSOLL-RAND CORPORATION: MOTION by Commissioner Norman to call for a public hearing on Tuesday, September 16, 2003, at 7:00 p.m., regarding an economic development incentive ranging 6 between $150,400.00 to $188,000.00, over a five-year period, for the Ingersoll-Rand Corporation based upon an investment in Iredell County of an amount between $8 million to $10 million. VOTING: Ayes — 5; Nays — 0. ADJOURNMENT: MOTION by Chairman Johnson to adjourn the meeting at 8:10 p.m. (NEXT MEETING: Tuesday, September 16, 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: Cle le, al 3 Iss a. ce , 7) CFTR re Clerk to the Board | | IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES SEPTEMBER 16, 2003 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, September 16, 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, Tax Administrator Bill Doolittle, Transportation Director Ben Garrison, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. Consideration of a $47,000,000.00 Certificates of Participation (COPs) Financing & Refinancing: Finance Director Blumenstein said the bond sale date for the Certificates of Participation projects would be December 3, 2003. She said the Mooresville School board had encountered a “wetlands” problem with the property where the new intermediate school was to be located, and the bids would not be approved until December 1, 2003. Blumenstein mentioned the total indebtedness remaining on the existing installment financing, dated October 10, 2002, was $3.2 million. (Additional information regarding this matter, along with a listing of the projects included in the COPs, may be found in the regular minutes.) Request for Approval of the August 2003 Refunds and Releases: Tax Administrator Bill Doolittle requested approval of the August 2003 refunds and releases. He also said the Board of Equalization & Review would probably conclude its review of tax appeals in late October of this year. Request for Approval of a Position Reclassification in the Transportation Department: Transportation Director Garrison said his department had a part-time position that could be converted to a full-time position, and the purpose of this action would be to have an employee who could work down the backlog of missing county road signs. He said previously, the Vocational Workshop provided the sign installation, but the agency had recently undergone management changes. He said this was one reason why there was a backlog of approximately 100 signs needing to be installed. He said the extra money needed to fund the position could be transferred from the 911 Emergency Telephone System Fund. Garrison continued by saying an individual recently applied for a driver’s position in his department who had previously worked in Mecklenburg County installing road signs. He said this individual, plus some initial assistance from the employees in the Facility Services Department, could be used to get the work caught up. Garrison said that once the backlog had been eliminated, he felt one employee could handle the sign installations. Due to so many of the signs being down because of vandalism, Commissioner Williams asked how much each sign cost. Garrison said $100. ADJOURNMENT: Chairman Johnson adjourned the briefing session at 5:20 p.m. ) j Approval: CHM | J, 2003 \/ t« al Arr vo Clerk to the Board Y IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES SEPTEMBER 16, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, September 16, 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 Chairman Johnson. PLEDGE OF ALLEGIANCE TO THE FLAG ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Johnson to adjust the agenda by the following revision: Addition: 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. PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Recognition of Iredell County Retirees Herman “Gabe” Gabriel and William “Bill” Redmond: Chairman Johnson presented a plaque to Bill Redmond in appreciation of his work at the Iredell County Sheriff's Department. Redmond recently retired after nine years of service. Herman “Gabe” Gabriel was unable to attend the meeting; however, he was recognized for his 28 years of service with the Iredell County Emergency Services Department. (A plaque in appreciation of his many years of service will also be awarded to him.) APPOINTMENTS BEFORE THE BOARD David Crosby, a member of the Iredell County Candlelight Vigil Committee, Requests the Adoption of a Resolution Recognizing the Problem of Child Abuse: Candlelight Vigil Committee members David Crosby and Randall Weatherman attended the meeting and requested the adoption of the following resolution. RESOLUTION RECOGNIZING THE PROBLEM OF CHILD ABUSE WHEREAS, the abuse and neglect of children is a family and societal problem of local, state, and national significance; and WHEREAS, it is important to recognize that children are abused at the hands of their parents and caregivers; and WHEREAS, children are known to have died in North Carolina in the year 2002 due to abuse or neglect that was inflicted upon them by their parents or caregivers; and WHEREAS, it is important to remember the innocent children who died in North Carolina during the year 2002. NOW, THEREFORE BE IT RESOLVED, that the Iredell County Board of Commissioners calls upon Iredell County communities to dedicate Thursday, October 2, 2003, as a day of remembrance for the unknown number of children who have suffered as a direct result of abuse and neglect and for the innocent children known to have died duc tc abuse and neglect in North Carolina during the year of 2002. BE IT FURTHER RESOLVED, that the Iredell County Board of Commissioners encourages the public to attend a Candlelight Vigil to be held Thursday, October 2, 2003, 6:00 p.m., at the Presbyterian Church of the Springs located at Highway 21/115 and Moose Club Road, in Barium Springs, North Carolina to remember these young victims and to focus on the problem of child abuse. * * * * * MOTION by Commissioner Norman to adopt the resolution as presented. VOTING: Ayes — 5; Nays — 0. Margaret Lane, with the Humane Society of Iredell County, Addresses the Board and Presents a Six-Point Plan Pertaining to Animal Care and Control: Mrs. Lane, President of the Humane Society, said her group had worked with local officials in an effort to come up with a plan to address animal care and control. She said the plan had been developed to address the overpopulation of unwanted animals in the county, and it dealt with the symptoms of the problems along with their causes. Lane said similar plans were being used across the nation with excellent results. She said the plan would be “a proactive approach, and hopefully, in addition to improving the situation, it would reduce the costs which arise from trying to deal with problems as problems continue to escalate and grow.” Mrs. Lane then presented the following plan. PROPOSED ANIMAL CARE AND CONTROL PLAN Iredell County is a community which cares about its citizens and wants to provide a progressive and good place in which to live. Part of this includes concern about the health, well-being and public safety of its residents. In the midst of this, though, animal-related issues and problems have grown, and we now have the need and the opportunity to work proactively to solve the problems, not simply by addressing the results but by dealing with the causes. The programs we are suggesting are those that are being used successfully in numerous other communities with excellent results. These programs can reduce the number of unwanted animals and attendant animal-related problems, thus curbing rising costs, while at the same time creating a safer and much more desirable community in which to live. Following are key components of an integrated plan which can help to positively change the face of the “Crossroads of the Future.” I Low cost spay/neuter — Around the United States, a number of communities have successfully reduced the number of homeless and unwanted animals as well as the number killed, even in the face of a growing population. The key to this is pet sterilization. Aggressive adoption efforts and public education campaigns contribute to helping with the situation, but they don't solve the problem. We need to develop a program to truly meet the needs of the low-income citizens of Iredell County. The state of New Hampshire implemented a state-wide program cutting the cost of spaying or neutering pets to $10 for poor residents. In New Hampshire for every dollar invested in the spay/neuter program, the state realized a $3 savings in animal control costs. In addition, the number of animals which had to be euthanized dropped nearly 75%. Possible approaches include: A. The county, in cooperation with the humane society, could develop a spay/neuter clinic and contract out for veterinary services based on bids B. A spay/neuter mobile van could be purchased and jointly used by Iredell and one or two other nearby counties. C. The county could implement an in-house spay/neuter area and hire a part-time veterinarian. D. Regional Alliance IL. Differential fine — This is a program in which county residents pay a higher fine for unaltered animals when a violation occurs. When officers check on pet licenses, they could verify compliance with rabies vaccination. Higher fines could help pay for cost of enforcement. III. Lethal injection — Lethal injection should be used for those animals which can be handled, including puppies and kittens and elderly or infirm pets. For those who cannot be handled due to temperament, the county should continue the use of lethal gas such as carbon monoxide for euthanizing animals. IV. Micro-chipping and scanning — Every pet that comes through the door is scanned as part of normal protocol. Every pet adopted should be micro-chipped and a fee charged. This would be beneficial both for identifying pets who belong to families and also identifying when pets are allowed to randomly run free. r. Vaccinating pets for rabies and other serious diseases and promoting adoptions — The present policy of the animal shelter is to release adoptable pets to the public for adoption. If animals are not adopted by the end of the holding period, some animals are placed with the humane society for possible placement. Animals, whose history is not known, but appears to be adoptable, are euthanized. It is proposed that the policy be changed to permit the animal shelter authority to vaccinate all animals that are candidates for adoption, and that animals without a known history be confined at the shelter for 10 days, if space is available, before releasing for adoption. If space is not available, then the humane society will be notified and permitted to hold the animals at foster homes the required 10 days. If no homes are available, and no shelter space is available, the animal control supervisor, at his/her discretion, may euthanize pets being held. Having differential licensing and conducting rabies vaccination checks, along with vaccinating in the shelter, should help reduce the ri sk of a pet being exposed to rabies. VI. Education and public relations - The animal control director and the humane society need to intensify efforts promoting humane education and building support for programs and options which are available to the citizens. Preventing problems is more efficient than trying to correct problems once they have developed. This is an expansive plan and one which has been proven to work. The benefits of implementing it include: Saving tax-payer dollars Saving animals’ lives Increasing compliance with rabies vaccinations Reducing the number of homeless pets Reducing incidents of cruelty and neglect Boosting image of and morale at shelter Enhancing our county's public image We set forth this plan with the hope and anticipation of being able to work together to make this a better community for all its residents. While a transformation won 't happen overnight, with cooperation and collaborative effort, we believe public health and safety can be enhanced even without the rabies ban on adoptions, the adoption rate of adoptable pets can be increased exponentially, the problems with which Animal Control has to deal can be reduced, and the image of our community can be enhanced. There is no reason why Iredell County shouldn't become a landmark of progress in this area, just as other communities around our nation have. (END OF PLAN) Pertaining to the fifth point, Lane said disclaimers could be inserted in the adoption contract to help alleviate any perceived liability on either the Humane Society’s part or the county. She said a possible wording might be, “Although we take every precaution to assure the health of our animals, no guarantee of any kind can be given regarding the animal you have adopted. The majority of the animals come to us with unknown medical histories and I, the undersigned, do hereby declare that I am aware that Iredell County makes no claim or representation as to the health, temperament, mental disposition, or personality of any animal available for adoption. I hereby release the county of any liabilities relating to the adoption of the pet.” Lane said the Humane Society contributed the ideas for the plan, but a committee consisting of County Manager Joel Mashburn, Emergency Services Director 3 Tracy Jackson, Health Director Ray Rabe, Animal Control Supervisor Sidney Weisner, and Environmental Health Supervisor Kelly Sheeks, assisted in its development, Rachel Compton and Melissa Corrigul Present a Petition in Reference to Animal Care and Control: Rachel Compton said over 3,000 signatures had been obtained on a petition that addressed animal care and control. She mentioned a recent incident in which a puppy, born in Iredell County, was later diagnosed by a veterinarian in another county as having rabies. Compton said she thought this was an isolated incident. She said that she felt there were other ways to control rabies instead of killing the animals. Compton then presented the petition that was captioned: “We the undersigned residents of Iredell County, are outraged at the number of animals that are killed in Iredell County and the way strays are treated. We respectfully request that the County Commissioners: i. Revise the use of our tax dollars since we are one of the highest taxed in NC for animal control and have one of the highest kill rates of 89%. Allocate funding to promote adoption of stray animals and promote spaying and neutering. : Revoke the ordinance that stray animals without proof of rabies vaccinations are automatically killed and cannot be adopted. a Discontinue the use of carbon monoxide gas and adopt a more humane method of euthanasia such as lethal injections.” Melissa Corrigul said “animals were innocent victims of circumstance, and ordinances should be set up to hold people accountable for not vaccinating and spaying/neutering the way responsible people should.” She said people should be punished -- not the animals. County Manager Mashburn said during the recent meetings with the Humane Society there seemed to be a consensus among the attendees that there was an overpopulation of unwanted animals in Iredell County, specifically dogs and cats. He said a major way to address this would be to provide a low-cost spay-neuter program. Mashburn said the fine structure could also be altered. He said the employees at the animal control department were trained in the usage of lethal injection, and they had been using this euthanization method in some situations. Mashburn said that in some cases; however, the present usage of carbon monoxide gas was the most humane way to euthanize animals. He said that if the board chose to discontinue the carbon monoxide gas and strictly use lethal injections, more personnel would be needed because this method took more time. Mr. Mashburn said micro-chipping was being done at the shelter in some situations, but all animals were scanned in an effort to locate their owners. Mashburn said the petition that had been presented could easily lead the public to believe that the animals brought to the shelter were being mistreated. He said this was not true, and that the animal control employees were caring and highly-trained people. Mashburn said in reference to the petition’s comment about the high budget for animal control, that over two-thirds of the funds went to personnel. He said this indicated Iredell had more employees on the streets, and at the shelter, than some of the other departments in the state. He said the per capita spending in Iredell County for animal control was about $5.70. Mashburn said information obtained from Humane Society of the United States indicated this amount was “a little above average.” Mashburn continued by saying the International City/County Manager’s Association published a report on local animal control management, and it had included a position from the Humane Society of United States that stipulated the following items were needed to have an effective animal control program. These were: Local government support Comprehensive animal control ordinance Programs to ensure that pet owners have sterilization options Adequate facilities and equipment -wnre 4 | | . Astaff that was adequately trained Methods to humanely euthanize animals A good working relationship with local veterinarians An effective education program NAY Mr. Mashburn said it was evident the animal control department had support and commitment, and the county had an ordinance that had been updated several items. He said there were sterilization programs, but unfortunately, citizens with low-incomes still had problems paying to have their pets spayed or neutered. Mashburn said the shelter had educational programs, but for the last few years these had mostly centered on rabies control. In conclusion, Mashburn said his recommendation would be for the board of commissioners to authorize the staff to work with the Humane Society on the development of a proposal to create an effective low-cost spay and neuter program. Mashburn said he further suggested that the staff and Humane Society seek additional private funding to make the service available to all citizens, regardless of income. Commissioner Norman asked about the projected costs. Mashburn said the county could start with just the funds available. Dr. Diana Bowman, a local veterinarian, said the sterilization of a dog would cost around $100. Lane said $50 or more would be needed to sterilize a cat. Mashburn again said the spay-neuter program would depend upon the funds available. He said he was not recommending that the board allocate additional funds for this purpose. He mentioned the possibility of initiating the program using grants. Chairman Johnson said the fact that so many animals were being killed was not due to any irresponsibility on the part of the board of commissioners, Joel Mashburn, Sidney Weisner, or any of the animal control employees. He said the reason so many animals were being killed was due to so many people being irresponsible with their pets. Johnson said that due to recent newspaper articles about animals and the different methods of euthanization, that he recently visited the local shelter and witnessed a carbon monoxide euthanization. He said that what he saw was unpleasant, but he wouldn’t consider it as being inhumane. Johnson said the media had published articles saying the animals fought for their lives, and it took minutes for them to die. Chairman Johnson said that from the time the gas was turned on, it took 20 seconds for the animals to collapse, and within 45 seconds, they were unconscious. He said that during the euthanization, he didn’t see any animals fighting. Chairman Johnson said it was only fair to state that he would not be able to support any proposals or recommendations that would (1) endanger the employees at the animal control shelter (2) compromise the public’s health and increase their exposure to rabies and (3) dramatically increase the costs at the animal control shelter. MOTION by Commissioner Madison to authorize the county manager and staff, to work with the Humane Society in pursuing grants for the recommendations as were submitted by the county manager. VOTING: Ayes — 5; Nays -— 0. PUBLIC HEARING Chairman Johnson declared the meeting to be in a public hearing. Consideration of an Economic Development Incentive for the Ingersoll Rand Corporation: Mr. Ron Leech, the manager of the Charlotte office for the North Carolina Department of Commerce, along with Jerry Moran, corporate counsel 5 for the Ingersoll Rand Company attended the meeting and requested approval of an economic development incentive. Attorney Moran said Ingersoll Rand was a manufacturing company with a diversity of products that employed over 45,000 people worldwide. He said the company’s annual sales were $9 billion with brand names of Bobcat, Schlage, Club Car, ThermoKing, Hussman, and others. Moran said in 1975, the company constructed a manufacturing facility in Davidson, North Carolina, and this was the worldwide site for the company’s air compressor division that annually generated $700 million in sales. He said through the years, the Davidson site had grown necessitating the usage of leased space. Mr. Moran said the company now desired to construct a 100,000 to 120,000 square foot facility to eliminate the leased space. He said the construction costs would be somewhere between $8 million to $10 million for the new facility that would house the company’s financial, human resources, and information technology departments. No one else spoke, and Chairman Johnson adjourned the hearing. by Commissioner Tice to approve an economic development incentive for the Ingersoll Rand Corporation in an amount between $150,400.00 to $188,000.00, over a five-year period, based upon the company’s investment of between $8 million to $10 million in Iredell County. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Consideration of a $47,000,000.00 Certificates of Participation Financing for the Following Projects & Refinancing: a Construction of an Addition to Scotts Elementary School and Related Renovation of Existing Facilities = Construction of an Addition to Harmony Elementary School and Related Renovation of Existing Facilities a Construction of a new Southern Zone Elementary School (Woodland Heights) = Construction of the new Mooresville Intermediate School = Construction of an Addition to Mitchell Community College to facilitate a Workforce Development Project w Refinancing of the County’s Payment Obligations under an Existing Financing Contract Dated October 10, 2002 Chairman Johnson announced that this was the hour and day fixed by the Board of Commissioners for the public hearing upon the proposed financing, pursuant to an installment financing agreement, to be dated as of December 1, 2003 (the “Installment Financing Agreement”) between the County of Iredell, North Carolina (the “County”) and Iredell County Public Facilities Corporation, a North Carolina non-profit corporation (the “Corporation”), of (i) the construction of an addition to Scotts Elementary School and related renovation of the existing facilities, (ii) the construction of an addition to Harmony Elementary School and related renovation of the existing facilities, (iii) the construction of the new Southern Zone Elementary School, (iv) the construction of the new Mooresville Intermediate School and (v) the construction of an addition to Mitchell Community College to facilitate a work force development facility (collectively, the “Project”) and proposed refinancing of the County’s payment obligations under an existing installment financing contract, dated October 10, 2002, between the County and Bank of America, N.A. (the “Prior Financing Agreement”) in order to achieve debt service savings, and that the Board of Commissioners would hear anyone who may wish to be heard with respect to the Installment Financing Agreement. As a matter of information, the Director of Finance and Administration of the County described the nature of the Project and the proposed refinancing and the installment payments to be made by the County under the Installment Financing Agreement for such purposes. No one appeared, either in person or by attorney, to be heard with respect to the Installment Financing Agreement and the Clerk to the Board of Commissioners announced that no written statement relating to said matter had been received. Thereupon the Chairman introduced the following resolution, a copy of which had been provided to each Commissioner, which was read by title and summarized by the Director of Finance and Administration: RESOLUTION MAKING CERTAIN FINDINGS RELATING TO THE FINANCING OF CERTAIN SCHOOL FACILITIES AND FACILITIES FOR MITCHELL COMMUNITY COLLEGE AND THE REFINANCING OF THE COUNTY OF IREDELL’S PAYMENT OBLIGATIONS UNDER A PRIOR FINANCING AGREEMENT PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT, AND AUTHORIZING THE DIRECTOR OF FINANCE AND ADMINISTRATION TO FILE APPLICATION FOR APPROVAL THEREOF BY THE LOCAL GOVERNMENT COMMISSION BE IT RESOLVED by the Board of Commissioners for the County of Iredell, North Carolina: Section 1. The Board of Commissioners does hereby find, determine and declare as follows: (a) The County proposes to finance (i) the construction of an addition to Scotts Elementary School and related renovation of the existing facilities, (ii) the construction of an addition to Harmony Elementary School and related renovation of the existing facilities, (iii) the construction of the new Southern Zone Elementary School, (iv) the construction of the new Mooresville Intermediate School and (v) the construction of an addition to Mitchell Community College to facilitate a work force development facility (collectively, the “Project”) and refinance its payment obligations under an existing installment financing contract, dated October 10, 2002, between the County and Bank of America, N.A. (the “Prior Financing Agreement”), pursuant to an installment financing agreement, to be dated as of December 1, 2003 (the “Installment Financing Agreement”), and the County will make Installment Payments (as defined in the Installment Financing Agreement) in amounts sufficient to pay the principal and interest with respect to the Certificates of Participation (Iredell County Public Facilities Projects), Series 2003 (the “2003 Certificates”) to be executed and delivered by the Corporation to finance the Project and refinance such outstanding payment obligations, it being the express intention of the Board of Commissioners that only the principal amount of 2003 Certificates necessary to accomplish the purposes stated in the Installment Financing Agreement will be executed and delivered (estimated not to exceed $47,000,000). (b) The Project is necessary in order to provide public school facilities and facilities for Mitchell Community College essential to the administration of the government of the County and the public health, safety and welfare of its citizens. (c) Based on advice from the County’s investment banker as to current tax- exempt interest rates, the sums to fall due under the Installment Financing Agreement are not excessive for its stated purposes, moreover, the estimated cost of the Project is not excessive. (d) Counsel to the County has rendered an opinion that the proposed undertakings are authorized by law and are purposes for which public funds may be expended pursuant to the Constitution and laws of the State of North Carolina. (e) The Installment Financing Agreement, under the circumstances presently obtaining, is preferable to a general obligation bond issue for this purpose. The County’s current fund balance is, in light of other requirements and prudent fiscal management, insufficient to fund the entire cost of the Project and refinance its payment obligations under the Prior Financing Agreement, the County does not have the ability to issue sufficient non-voted bonds under the provisions of Article V, Sec. 4 of the North Carolina Constitution for the purposes of completing the Project and refinancing such outstanding payment obligations, and voting general obligation bonds for these purposes will result in unacceptable delay and additional cost to the County. (f) The estimated cost of financing the Project and refinancing the County’s outstanding payment obligations pursuant to the Installment Financing Agreement 7 compares reasonably and favorably with an estimate of similar cost for general obligation bond financing therefor. The primary difference in cost results from higher issuance costs, but this amount is insignificant when compared to the total cost of financing the Project and refinancing such payment obligations. (g) | The debt management policies of the County have been carried out in strict compliance with law, including the filing of all required audits and reports with the Local Government Commission (the “LGC”), and the County is within its statutory debt limit and is not in default with respect to any of its outstanding indebtedness. (h) | The County estimates that no increase in the property tax rate will be required to raise sums to pay the estimated debt service to fall due under the Installment Financing Agreement for all of its stated purposes. (i) The County has made timely payment of all sums owed by it with respect to the payment of principal of and interest on all of its outstanding debt obligations and has received no notice from the LGC or any holder concerning the County’s failure to make any required payment of debt service. Section 2. The LGC is hereby requested to approve the proposed Installment Financing Agreement pursuant to the provisions of Article 8 of Chapter 159 of the General Statutes of North Carolina, and the Director of Finance and Administration is directed to complete all applications and execute all documents required in connection with obtaining such approval. Section 3. The LGC is hereby requested to approve the selection of the following professionals who comprise the financing team, and such other professionals as may be required or useful and acceptable to the LGC, to assist the County in connection with such financing: Special Counsel Sidley Austin Brown & Wood LLP Underwriters Legg Mason Wood Walker, Incorporated Citigroup Global Markets Inc. Underwriters’ Counsel Womble Carlyle Sandridge & Rice, PLLC Trustee First-Citizens Bank & Trust Company Corporation Counsel Wyrick Robbins Yates & Ponton LLP Section 4. All actions heretofore taken by the Director of Finance and Administration in connection with the Installment Financing Agreement and the 2003 Certificates, including filing the application with the LGC, retaining Special Counsel and selecting investment bankers and a trustee, are hereby ratified and confirmed. Section 5. This resolution shall take effect immediately upon its passage. Attorney Pope said the financing was similar to others in the past. He said the transaction would involve the school systems transferring property ttles to the county due to the educational facilities being pledged as collateral. He said the county would commit to making installment payments to the public facility’s corporation and secure its promise by pledging a lien on the school properties. Pope said the school properties were the only recourse for the bond holders, and the faith and credit of the county was not being pledged. He also said the county’s taxing authority would not be pledged. Mr. Pope said there was a requirement for the county budget to include an amount to amortize the debt (variable bonds) for the coming year plus two percent. Pope said this type of indebtedness did not count against the county’s obligation limit required by the legislature. Mr. Pope said he would send a copy of the Preliminary Official Statement (POS) to each commissioner. Chairman Johnson said he understood the only way the $47 million might be reduced was if the refinancing did not occur at this time Mrs. Blumenstein said this was correct. She said that if an acceptable interest rate could not be achieved for the refinancing, this part of the transaction would be eliminated. No one else desired to speak, and Chairman Johnson adjourned the public hearing. Upon motion] of Commissioner C. Douglas Madison, Jr., seconded by Commissioner Sara Haire Tice, the foregoing resolution entitled: “RESOLUTION MAKING CERTAIN FINDINGS RELATING TO THE FINANCING OF CERTAIN SCHOOL FACILITIES AND FACILITIES FOR MITCHELL COMMUNITY COLLEGE AND THE REFINANCING OF THE COUNTY OF IREDELL’S PAYMENT OBLIGATIONS UNDER A PRIOR FINANCING AGREEMENT PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT, AND AUTHORIZING THE DIRECTOR OF FINANCE AND ADMINISTRATION TO FILE APPLICATION FOR APPROVAL THEREOF BY THE LOCAL GOVERNMENT COMMISSION?” was passed by the following vote: Ayes: 5 Noes: 0 CONSENT AGENDA IMOTION by Chairman Johnson to approve the following three consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. Request for Approval of the August 2003 Refunds and Releases: The following releases and refunds were approved. 2003 TAX RELEASES & REFUNDS Releases Refunds County 35,182.45 1,302.24 Solid Waste Fees 3,237.00 116.00 East Alexander Co. Fire #1 32.66 0 Shepherd’s Fire # 2 154.21 729.07 Mount Mourne Fire # 3 120.86 0 All County Fire # 4 1,241.62 422.81 Statesville City 3,335.83 517.71 Statesville Downtown 18.40 0 Mooresville Town 16,813.42 15,406.68 Mooresville Downtown 0 0 Mooresville School 978.25 4,425.38 Love Valley 0 0 Harmony 6.62 0 Troutman 194.24 25.16 Total $ 61,315.56 $22,945.05 2. Request for Approval of a Position Reclassification in the Transportation Department & Approval of Budget Amendment #10: This $37,815 budget amendment will involve transferring funds from the 911 Emergency Telephone System Fund to the Transportation Department. A half-time position in the Transportation Department will be converted to a full-time position with responsibilities to include driving a van (50%) and installing county road signs (50%). (Note: Mr. Garrison, during the briefing session, requested that this action be retroactive to Friday, September 12, 2003. Also, in an e-mail message, Garrison requested that the position be designated at a Grade 52 with a starting salary of $9.75 an hour.) 3. Request for Approval of the September 2, 2003 Minutes END OF CONSENT AGENDA-------------------------~" Request for Approval of a Lease with the State Employees Credit Union for an ATM Kiosk at the Hall of Justice: County Manager Mashburn said a four-year lease, with the possibility of two additional renewals at three-years each, had been drafted for the board’s approval. He said the lease would provide a plot of land, rent- free, at the Hall of Justice on Water Street for the installation of an ATM kiosk. Mashburn said the credit union also desired to place a kiosk at the Mooresville government center in the future. MOTION by Commissioner Williams to approve the lease with the State Employees Credit Union. VOTING: Ayes — 5; Nays — 0. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Recreation Advisory Board (1 announcement) Personnel Advisory Board (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (5 appointments): Commissioner Madison nominated Johnny Elliott. No other nominations were submitted. Chairman Johnson Imotioned| to appoint Elliott by acclamation and to postpone the remaining four appointments until the October 7 meeting. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER’S REPORT: County Manager Mashburn said notice had been received that grants were now available from the North Carolina Parks & Recreation Trust fund. He mentioned this agency was one of the funding ($250,000) sources for the Stumpy Creek Park. Mashburn said the obligations had been fulfilled pertaining to Stumpy Creek’s grant, and the county was once again eligible to apply for funds. Commissioner Williams said he recently learned the Parks & Recreation Trust fund did allow governing bodies to lease (up to 25 years) land for parks, and that the funding could also be used to purchase property. CLOSED SESSION: Pursuant to G.S. 143-318.11 (a) (5) - Property Acquisition and G.S. 143-318.11 (a) (4) - Economic Development, Chairman Johnson at approximately 8:30 p.m., motioned] to enter into closed session. VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 9:10 P.M.) ADJOURNMENT: by Chairman Johnson to adjourn the meeting at 9:10 p.m. (NEXT MEETING: Joint meeting with the Statesville City Council on Thursday, September 18, 2003, 6:30 p.m., in the Statesville Office Building, located at 301 South Center Street, Statesville, NC, in regards to an Urban Services Area.) VOTING: Ayes — 5; Nays — 0. ; ) Approved: Wifehe 7, Ave 5 . C Ate J / / Clerk to the Board / 10 IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES OCTOBER 7, 2003 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, October 7, 2003, at 5:00 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, Assistant Register of Deeds Kay Mills, Transportation Director Ben Garrison, Planning Supervisor Ron Smith, Planning and Code Enforcement Director Lynn Niblock, Emergency Services Director Tracy Jackson, Communications Director David Martin, Sheriff’s Training Officer Mark McCollum, and Clerk to the Board Jean Moore. Call to Order by Chairman Johnson. Request for the Consideration of an Inter-local Agreement with the City of Statesville Pertaining to Improvements at the Statesville Municipal Airport: Chairman Johnson said the City of Statesville planned to borrow $5 million for airport improvements, and the county had been asked to reimburse one-half of the payment on the principal along with one-half of the interest. Johnson said the airport improvements needed to be completed by the end of 2004 in order to satisfy the needs of a local company. He said the improvements would aid in economic expansion, or the tax base of the county, and the site would be a marketable asset. He continued by saying the improvements would allow jets from Europe to land and takeoff from Statesville. Mr. Johnson said David Peeler with the W.K. Dickson Company had advised that the improvement costs would be reimbursable from state and federal grants. Johnson said, however, the only assurances that the Federal Aviation Administration reimbursements would occur in the future were based on the fact that the agency had never stopped funding in the middle of a project. Commissioner Madison asked about the type of financing the city planned to use. Finance Director Blumenstein said it would probably be a direct placement loan. Request for a Discussion Pertaining to the County’s Transportation (Thoroughfare) Plan: Planning Supervisor Smith said the current thoroughfare plan was adopted in 1993. He said the plan was used to determine transportation improvements and future road development. Smith said the plan had become outdated, and the staff had been working with the North Carolina Department of Transportation concerning a rewrite. Smith said the state officials would eventually provide a presentation on the proposed roads, improvements to existing roads, the bicycle/pedestrian facilities and rail services, but he needed to know if the board desired someone from the transportation department to provide a “methodology-type overview” of the process. The board members advised that an initial presentation from the state officials was not necessary, and the planning supervisor could provide updates as the plan progressed, if needed. The board also decided to delete the matter from the 7 p.m. agenda. (Note: Thoroughfare Plans are now referred to as Transportation Plans.) Call for a Public Hearing on November 4, 2003 at 7:00 p.m., Pertaining to a Community Transportation Program (CTP) Application for FY 2004-05: Transportation Director Garrison said the CTP application was due to the state by November 21, 2003, and he requested that a public hearing be held on November 4. Garrison said he would ask for five new replacement vehicles in the application. Mr. Garrison said the Statesville Transit Loop would be operational on October 8, 2003. He distributed brochures to the board members that included information about the loop stops. Garrison said a Mooresville loop had also been designed and would soon be operational. Some of the information included in the brochure is as follows: Fare: $1.00 each boarding (exact amount needed) Only carry-on packages allowed Vehicles carry only two car seats Limited seating capacity Wheelchair service through special request At different time periods during the day, the Statesville loop drivers will stop at the following locations: Employment Security Office, Statesville Christian Center, Fifth Street/Bentley Center, Shopping Center across from the Skills Center, I-Care/Head Start, K-Mart, Signal Hill Mall, Bi-Lo Shopping Center, Kings Grant Apartments, Davis Hospital, Walmart, Health Department/Crossroads Behavioral Healthcare, Iredell Memorial Hospital, Department of Social Services, Plaza Apartments, and the areas in/around Brevard & Turner Streets and the Pearl Street/Summit Avenue Center. Request for Approval to Write-Off the Delinquent Account of Lake Construction Company of 123 Sweetbriar Lane, Mooresville, NC ($49.40 + late fees = balance of $700.00): Planning & Code Enforcement Director Niblock said that in April 2002, the Lake Construction Company purchased an inspections permit. He said the company at that time owed $49.40. Niblock said the company had been invoiced many times and late fees had accrued bringing the amount now owed to $700.00. He said the company was no longer in business, and this was why he was requesting permission to write-off the account. Commissioner Madison asked if the delinquent amount could be attached to the permit qualifier. Niblock said a complaint could be filed with the North Carolina Licensing Board for General Contractors on the qualifier (Charles R. Humphrey). Adjournment: Chairman Johnson adjourned the briefing session at 5:45 p.m. Approval: MB ttide, AL ALO S Z. ¢, y eae Clerk to the Beard = eS IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES OCTOBER _7, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, October 7, 2003, at 7:00 p.m., in the Iredell County Government Center (Commissioners’ Meeting Room), 200 South Center Street, Statesville, NC. Present were: Chairman Steve D. Johnson Vice Chairman Godfrey Williams 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 Norman. PLEDGE OF ALLEGIANCE TO THE FLAG ADJUSTMENTS OF THE AGENDA: by Chairman Johnson to adjust the agenda by the following actions: Deletion: Request for a Discussion Pertaining to the County’s Transportation (Thoroughfare) Plan (see briefing minutes) Additions: - Mr. Sam Hall was given permission to Speak on Behalf of the Iredell County Cattlemen’s Association and Farmers of Iredell County and to Present a Petition of Grievances Pertaining to the Farm Use Evaluation Process - In reference to a delinquent account write-off (consent agenda item #4), the board members requested that a complaint be filed with the North Carolina Licensing Board for General Contractors - Budget amendment numbers were given to consent agenda items #5 & #6 VOTING: Ayes — 5; Nays — 0. APPOINTMENTS BEFORE THE BOARD PRESENTATION FROM BARBARA BARRIER ON BEHALF OF THE REGION F AGING ADVISORY COMMITTEE: Ms. Barrier updated the board on the activities of the Region F Aging Advisory Committee. She said the group approved federal and state funds for aging services that were distributed through the North Carolina Division of Aging. Barrier mentioned the following three issues that were of concern to the committee and the county’s older adults. 1. High cost of prescription drugs 2. State and federal funding reductions for older adult services 3. Additional funding needs of the Family Caregiver Support Program Ms. Barrier then presented demographic and statistical information about the county’s senior citizens. Attending the meeting with Ms. Barrier were Victor Crosby, an alternate member of the committee, Carolyn Jordan, a member of the Senior Tar Heel Legislative Group, Anna Rice, the Director of the Iredell County Council on Aging, and Laurie Abounader, the staff liaison for Region F’s aging services. PRESENTATION FROM BETH CARTER ON BEHALF OF THE FORT DOBBS ALLIANCE: Ms. Carter, President of the nonprofit 501(c)(3) Fort Dobbs Alliance, introduced Kay Williams, the North Carolina Director for Historic Sites, Dr. Jerry Cashion, the Chairperson for the North Carolina Historic Commission, and Lewis Alexander, another member of the Alliance. Carter briefed the board on the role that Fort Dobbs played in colonial history. Ms. Williams read the following resolution and requested its adoption. RESOLUTION OF SUPPORT FOR THE DEVELOPMENT OF FORT DOBBS AS A LIVING HISTORY ATTRACTION IN IREDELL COUNTY WHEREAS, Fort Dobbs was built in 1756 to protect colonial North Carolina’s backcountry in the French and Indian War (1754-1763); and WHEREAS, Fort Dobbs was a “good and substantial building” by December 1756 and withstood a Cherokee attack in 1760 making it an ideal location to interpret native American as well as European and African American frontier history, and WHEREAS, early efforts by Mary Colvert Talley and the Daughters of the American Revolution in 1909 led to preservation of almost ten acres, including the fort site; and WHEREAS, Fort Dobbs opened as a State Historic Site in 1976 and provided valuable history to the public until October 2003; and WHEREAS, tourism in 2001 was the nation’s third largest retail industry, providing more than 7 million jobs and supporting another 9.2 million jobs, and the number of visitors to North Carolina in 2003 was 44.4 million (sixth in person-trip volume by state); and WHEREAS, Iredell County is at the crossroads of Interstates 40 and 77, not far from major urban centers, and Fort Dobbs gives Iredell County an exceptional opportunity to become a heritage destination; and WHEREAS, Fort Dobbs holds a unique place in local, state and national history and, if developed, would be the only reconstructed French and Indian War military outpost in the Carolinas, among a handful in the entire nation; and WHEREAS, in 2003, state budget cuts resulted in the temporary closing of Fort Dobbs and placed it in a developmental phase working towards reconstruction of the fort; and WHEREAS, the Division of State Historic Sites plans to develop Fort Dobbs as a living history attraction in partnership with the nonprofit Fort Dobbs Alliance; and WHEREAS, some of the most highly successful and innovative historic attractions in our state and nation rely on imaginative public-private partnerships; and WHEREAS, the Iredell County Commissioners understand that plans for Fort Dobbs include ongoing research, planning, and fundraising for future interactive programming, special events, reconstruction of the fort, and a visitor center with museum exhibits; and WHEREAS, the Iredell County Commissioners comprehend that this bold venture will require Iredell County citizens and other North Carolinians to support the Fort Dobbs Alliance and the Division of State Historic Sites; and WHEREAS, North Carolina has a proud military heritage, which can provide vital reassurance in uncertain times. NOW THEREFORE BE IT RESOLVED, that the Iredell County Board of Commissioners in Statesville, North Carolina, unanimously endorses the development of the Fort Dobbs State Historic Site as a living history attraction and recommends the project to all citizens of Iredell County and the state, and that a copy of this resolution be spread upon the minutes of the board of county commissioners. (end of resolution) 2 Chairman Johnson said he understood that for the viability of the Fort Dobbs site to remain open, there would have to be a public-private partnership. He asked if there would be any support from the state in the future. Ms. Williams said, “Like all state projects, we constantly work on building support.” She mentioned that a discussion had occurred today with two members of the legislature who represented Iredell County. Ms. Williams said, “A diversity of funding sources makes a site stronger and better developed, and this is what is causing the effort to seek public and private funding. We want to create a living history attraction that will be very strong, and one of the strongest in the state.” Commissioner Williams asked what was being planned for other areas (trails, etc.) at the site. Ms. Williams said Fort Dobbs was never developed the way it should have been. She said, “We will be going back to the drawing board to create what we hope will be a great site. We continue to want to make the site available to the community on a case- by-case basis.” She said the caretaker’s house would be rehabilitated, and it was hoped that it could be leased to someone interested in assuming oversight for the property. She continued by saying that periodic educational programs would be given at the site. Commissioner Williams asked if groups, such as the boy scouts, would be allowed to use the site in the future. Ms. Williams said a form would be developed for organizations to complete when requesting usage of the site. She said the boy scouts, and other organizations of this type, were the ones that would be encouraged to use the site. Bill Hicks, the Cub Scout Chairperson for Iredell County, said during this past summer’s day camp held at Fort Dobbs, that 265 boys (second to the fifth grade) participated. He said this was the only place in Iredell County that had adequate parking, open fields, picnic shelters, trees, nature trails, and a recreational area. Stephen Davis, County District Executive for the Boy Scouts, reiterated what Mr. Hicks said. He said there were 1,800 Iredell County boys registered in the scouting program, and the Fort Dobbs site was needed for them. by Commissioner Madison to adopt the Fort Dobbs resolution as presented. VOTING: Ayes — 5; Nays — 0. PRESENTATION FROM TIM CODDING, WITH CLAYTON HOMES, INC., IN REFERENCE TO ENVIRONMENTAL HEALTH INSPECTIONS (TURNAROUND TIME): Mr. Codding had previously requested an appointment before the board regarding the length of time it took to obtain septic system inspections; however, he did not attend the meeting. PRESENTATION FROM SAM HALL ON BEHALF OF IREDELL COUNTY FARMERS AND THE IREDELL COUNTY CATTLEMEN’S ASSOCIATION FOR THE PURPOSE OF PRESENTING A PETITION OF GRIEVANCES PERTAINING TO THE FARM USE: Mr. Hall’s petition contained the following introductory remarks. There are 1,189 farms in Iredell County comprising 156,748 acres with the average farm being composed of 132 acres. Livestock produces $80,737,000 in cash receipts in Iredell County, which ranks our county thirteenth in the state. Crop production generates $15,965,000, and combined with livestock cash receipts, totals $96,701,000. Iredell County is ranked 24" in the state's counties for agricultural income. Iredell County is the number one county in the state for dairy receipts and number four for beef receipts. Iredell County is number one in the world for laying hens. This county is known for its blend of agriculture and industry, and agriculture is the number one industry in Iredell County. 3 Farmland has both an economic value and an aesthetic value to Iredell County. Studies across the nation indicate that residential land use is a net tax loss to counties while farm land use is a net tax gain to counties. On average, for every dollar that is collected from residential land, a county spends one dollar and sixteen cents, and for every dollar that is collected from farm land a county spends only thirty-six cents. Without farm use evaluation, farmers could not continue to farm in Iredell County. Mr. Hall then mentioned the following grievances that he, and other farmers, had about the county’s tax department. a. The tax administrator and his staff have undertaken steps outside statutory authority to enforce tax law issues. b. The tax administrator and his staff are imposing unreasonable standards for qualifying for farm and forest use tax evaluation (requiring full tax returns from individuals instead of the Schedule F). c. The tax administrator and his staff are requiring taxpayers to obtain legal counsel to protect legal rights guaranteed by state statutes. d. The tax administrator and his staff are using their own interpretation of the state statutes and not securing advice from the Iredell County attorney. e. The tax administrator’s staff have been rude, arrogant, and abusive. Mr. Hall then made several suggestions on how the grievances could be corrected. (Approximately 75-100 people attended the meeting with Mr. Hall.) Chairman Johnson said that in the past nine years while he served on the board, efforts had always been made to insure the viability of the farming community. He mentioned that this year, during the revaluation process, for the first time the board had been allowed to develop a policy that would give the greatest advantage, from a tax standpoint, to the farmers. Johnson continued by saying during the revaluation process, the board had adopted a policy that made the property taxes on the farming community as low as possible by statute. Mr. Johnson said one rumor that was repeatedly being circulated was that the board of commissioners had hired someone in the tax office to eliminate the farm use application. He said this was untrue, and he had never heard any commissioner voicing any animosity towards the farming community. Johnson concluded his remarks by saying rude and impolite behavior by county employees would not be tolerated, and the tax administrator had been asked to develop a standard operating procedure. Commissioner Williams then made the following remarks. “I spent a good part of the summer talking to farmers in the county about the farm use and the administration of it. In most cases, the farmers were my friends at the outset, and they still are my friends. However, the one thing they all asked was that they be treated fairly and with dignity. Like Mr. Johnson said, I’m not aware of any board member on this board that’s ever made any statement that even remotely suggests that we do not support continuing the farm use deduction. In fact, this board voted unanimously to set the caps at the highest limit allowed by law in order to give Iredell County farmers every break possible. When it became evident that the revaluation would bring additional hardships to the farmers, we made a genuine effort to lower the tax rate to help reduce the tax burden for all county taxpayers. We managed to reduce the rate by three and one-half cents. This is the first time in the past three revaluations that this has been accomplished. Mr. Chairman, I that a task force be formed to look into the issues that have been raised. I would like to nominate the following people to serve on this committee: Jimmy Dobson, Bill Harris, Danny Allen, Rex Bell, Andy Gray, Jerry Turner, Bobbie Williams, Charles Carter, Richard Renegar, Dr. Bradley Miils, Carroll Goodman, Phil McLain, and Ken Vaughn, ex officio. The task force is being formed to place on the table any concerns regarding G.S. 105-296, which is the audit procedures for agricultural land use tax and also to hear any grievances toward the local administration of the law. Now, one of the 4 problems that’s happened, that we’ve been made aware of, was last year all you had to do to qualify for farm use was basically to have 10 acres of land and say you produced a thousand dollars off it. The General Assembly in Raleigh passed G.S. 105-296, which makes this completely different now. There is literally dozens of new rules and regulations that they’ve thrown on us for the farmer to prove that the land is in farm use. I would like for this group, along with whatever staff that can be provided for them, as far as Raleigh, and the tax office, to explain to the task force the procedures and show them once and for all that the commissioners are not making these rules up. And also to be able to hear some of the grievances that have been brought to you on a personal level.” (Conclusion of Commissioner Williams’ remarks and motion.) Chairman Johnson said he understood the nominations would be subject to each nominee’s willingness to serve. Commissioner Williams said this was correct. Chairman Johnson said the board was concerned about the farming community. He advised the audience members that each commissioner was willing to talk to them if there were any concerns in the future. VOTING: Ayes — 5; Nays — 0. Commissioner Madison asked if the personnel ordinance included any procedures to follow when a citizen was poorly treated by a county employee. He asked if there were procedures to file a complaint. Mashburn said anyone could file a complaint either with the supervisor of the department or in the county manager’s office. He said there were policies that employees were expected to follow and there was a procedure for the supervisors to follow in addressing situations when the policies were not followed. Mashburn said that in Mr. Hall’s case, there was a tax supervisor who had been employed less than six months. He said the tax supervisor was administering a program that was put in place and employees put in place prior to his arrival, along with having to implement statutes that were recently changed. Mr. Mashburn said that in fairness, all of these factors needed to be taken into consideration by the task force. He said there had always been an effort to treat everyone fairly, and the best way to be fair was to treat everyone equitably and in accordance with the statutes. Commissioner Madison said he felt the citizens needed a place to go if they felt they had been treated poorly. Mr. Madison said he didn’t want the citizens mistreated. PRESENTATION FROM VAUGHN BOWLES, AN EMPLOYEE OF THE SHERIFF’S DEPARTMENT, IN REFERENCE TO THE COUNTY’S SICK LEAVE POLICY: Mr. Bowles said he began employment (full time) with the sheriff's department on September 15, 1985 and remained until September 20, 1994 leaving behind 739.10 sick leave hours. He said that on May 9, 1996, he was rehired, again at the sheriff's department, and the 739.10 sick leave hours were credited to him. Bowles said later, on August 6, 2003, a memo from the county’s human resources office was sent to him explaining that the sick leave hours had erroneously been credited to him, and they would be deducted from his sick leave balance. Mr. Bowles said the human resources office had justified this action by saying the personnel ordinance stated “employees that retire or resign and are not reinstated with the county within a one-year period shall lose all sick leave credits.” Bowles requested that the hours be reinstated. He said he had already made the request to Sheriff Redmond and the county manager. Bowles said he recognized sick leave was a privilege and not a right, but that the county had elected to grant it to the employees. He said the hours would equal 61 days or about 5 months on his retirement, and he had earned them. Mr. Bowles said other employees (John Cloer, Ron Wyatt, and Ron Lambert) at the sheriff's department had experienced similar sick leave time losses, and he requested that their cases also be considered. He said he had no knowledge about the sick leave stipulation until the memo was sent to him. Chairman Johnson said the board members would consult with each other regarding the matter and issue a determination. Commissioner Williams asked the impact on the county if the request were granted. County Manager Mashburn said he would have to review the files of the employees with similar circumstances. He also said that if the request were approved, a revision would have to be made to the personnel ordinance. by Chairman Johnson to take the request under advisement in order to afford each commissioner time to convey their thoughts individually to him and for a decision to be rendered at a later time. VOTING: Ayes — 5; Nays — 0. REQUEST FOR THE CONSIDERATION OF AN INTER-LOCAL AGREEMENT WITH THE CITY OF STATESVILLE PERTAINING TO IMPROVEMENTS AT THE STATESVILLE MUNICIPAL AIRPORT: Chairman Johnson read the inter-local agreement that is written as follows. This inter-local agreement entered into this the 7® day of October 2003, by and between the City of Statesville, a North Carolina municipal corporation situated in Iredell County (hereinafter “The City”); and Iredell County, a political subdivision of the State of North Carolina (hereinafter “The County”): WITNESSETH: WHEREAS, the City owns and operates an airport in Iredell County, North Carolina known as the Statesville Municipal Airport (hereinafter “The Airport”); and WHEREAS, the City has embarked upon a project to improve and expand the Airport which shall include installation of an instrument landing system, expansion of the terminal area, ramp expansion, the extension of a runway with associated parallel taxing and safety area, the relocation of Airport Road, which runs adjacent of the Airport (hereinafter “The Project”), and possible relocation of Bethlehem Road; and WHEREAS, the expansion and improvement of the Airport will induce and stimulate economic development in the Statesville and Iredell County area; and WHEREAS, the total cost of the Project has been estimated at approximately $14,415,371; the remaining estimated cost is $12,882,200; and WHEREAS, as of the date of this agreement, $1,533,171 has been expended or obligated on the Project, with the use of State and Federal grants; and WHEREAS, the City has already committed $2,000,000 from its general fund to the Project; and WHEREAS, the City anticipates receiving certain grants and reimbursements from State and Federal grants which will help defray the costs of this Project; and WHEREAS, the City anticipates the need to finance approximately $5,000,000 of the costs of the Project; and WHEREAS, the Project will not be feasible for the City unless the County agrees to share in the repayment of the amount financed; and WHEREAS, it is in the best interests of the economic development of the City and County that the Project be undertaken and completed; and WHEREAS, pursuant to the provisions of N.C.G.S. §160A-481, the City and the County are authorized to enter into this inter-local agreement. NOW, THEREFORE for and in consideration of these mutual covenants and promises, the parties do agree as follows: 1. The City shall attempt to finance approximately $5,000,000 to be applied to the Project. nh The City shall be responsible for paying the debt service on the amount financed for the Project. 3. On or about July 1, 2005, the County shall reimburse the City fifty (50%) percent of all payments paid by the City as of that date to service the debt of the amount financed for the project; and thereafter the county shall reimburse the city for fifty (50%) percent of all debt service payments made by the City on the funds borrowed for the Project until the debt is paid in full, The County’s reimbursement to the City shall be within thirty (30) days of receiving a statement from the City that a debt service payment has been made. 4. Onor about July 1, 2005, the County shall also reimburse the City for fifty (50%) percent of all costs and fees incurred by the City in obtaining financing for the project. 5. With regards to any grants and reimbursements received by the City for the Project from the State or Federal grants, after first applying such grants or reimbursements to reimburse the City for the $2,000,000 paid by the City from its general funds for the Project, the balance of such grants or reimbursements shall be applied to reduce the balance of the remaining debt incurred by the City to finance the Project. 6. Should the City not obtain the financing necessary to complete the Project for whatever reason, then this Agreement shall be null and void. IN WITNESS WHEREOF, the parties affixed hands and seals to this Agreement in duplicate originals, by authority duly given, on the date and year first above written. Chairman Johnson said he would speak as the board’s representative on the airport commission. He said the group was attempting to accelerate the development of the project due to a tight timeframe. Johnson said the timeframe was due to an economic development project. He said that if the airport commission waited until the federal and state grants were obtained, the timeframe would not meet the expectations of a company expressing a willingness to locate at the airport. Mr. Johnson said that to make sure the expectations were met, the city was willing to go to the market place and borrow $5 million. Johnson said the city officials were asking the county to reimburse them for one-half of the principal and one-half of the interest on the borrowed money. He said W.K. Dickson officials (engineering firm) continued to make assurances that they could develop a timeframe where the work was reimbursable. He said reimbursable expenses were land purchases, architectural engineering, and planning. Johnson said the engineering firm felt it could develop a procedure o maximize, if not completely gain, the city’s total reimbursement of the project, and consequently, the county. Johnson said for this to happen, everything would have to be 100 percent perfect. He said his honest feeling was that the project would cost the county some money. He said, however, he felt the amount would be substantially closer to zero than the total amount of exposure. Johnson said if the county did not participate, substantial tax base would be lost and an opportunity to create a marketable asset would be forfeited -- an asset that would be a recruitment tool for the next generation. He said that with a 7,000 ft. runway at the Statesville airport, a company could put a jet there and fly nonstop to Anchorage, Alaska, nonstop to a great deal of South America, and nonstop to Europe. He said the worse the county could do was to breakeven on the project. Attorney Pope said he had reviewed the agreement. He said the agreement appeared to be consistent with the comments made by Mr. Johnson. Commissioner Williams said that if the anticipated economic project at the airport did not happen, he assumed the county could slow down its commitment and let the grants catch up with the costs. Chairman Johnson said this was correct. Commissioner Madison and Commissioner Tice said the improvements would generate jobs in the county, the improvements would give the county an infrastructure asset, and the improvements would make the county more appealing to others. by Commissioner Madison to approve the airport inter-local agreement as presented. VOTING: Ayes — 5; Nays — 0. REQUEST FOR APPROVAL TO CONTRACT WITH A CONSULTANT FOR THE 800 MHZ PROJECT WITH IREDELL COUNTY’S SHARE OF THE COSTS BEING $23,414 (OTHER JURISDICTIONS INCLUDED IN THE PROJECT AND THEIR PORTIONS OF THE COST WILL BE THE CITY STATESVILLE @ $4,430 / TOWN OF MOORESVILLE @ $3,480 AND THE TOWN OF TROUTMAN @ $316 FOR A TOTAL CONSULTANT’S FEE OF $31,640): During the briefing session, Communications Director Martin advised that a communications task force had been meeting for over a year, and the members had recommended that a consultant be hired. Martin said proposals were received ranging from $274,000 to $31,640. He said the task force was comfortable with a quote from Consultant Al Linker at $31,640. Martin said four jurisdictions would share in the costs, and that population figures were used to arrive at the cost per governmental unit. He said Mr. Linker had built the system presently being used in Rowan County. Mr. Martin said funding for the county’s portion ($23,414) had been identified with the exception of $8,414. by Commissioner Norman to approve Budget Amendment #12 for $8,414.00 for the purpose of hiring a consultant for the 800 MHz Project and for the funds to be derived from the contingency account. VOTING: Ayes — 5; Nays — 0. CONSENT AGENDA-- by Chairman Johnson to approve the following seven (7) consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. Request for Approval of the Records Retention and Disposition Schedule for the Register of Deeds’ Office: At the briefing session, Assistant Register of Deeds Kay Mills explained that an update to the records retention and disposition schedule had been received from the North Carolina Department of Cultural Resources. Mrs. Mills said that in conjunction with G.S. 121-5(b), the Register of Deeds was requesting approval of the document. 2. Call for a Public Hearing on November 4, 2003 at 7:00 p.m., Pertaining to the Community Transportation Program (CTP) Application for FY 2004-05 (See briefing minutes for additional information regarding this matter.) 3. Request for a Discussion and Possible Amendment to the Transportation Improvement Program (TIP) Priority List: Planning Supervisor Smith said during the briefing that on August 5, 2003, the TIP priority list was approved by the board. He said the number two priority was the Brawley School Road/I-77 Interchange (Mooresville). Smith said that recently he learned the federal government might try to “block” the interchange due to its close proximity of Exit 36 (within one mile). Mr. Smith said that if the interchange were omitted, he didn’t think it would delay the project, but it might pose some long-term effects on the area’s traffic flow. Smith continued by saying the primary route for accessing I-77 from Brawley School Road was by the Williamson Road. He said the proposed interchange would provide a more direct access to the interstate, and it would bypass Williamson Road. He said, however, if the federal government eliminated the interchange, it would be “crucial” to have Williamson Road widened. Smith recommended that Williamson Road be widened if the proposed interchange were not approved. The priority list will now be as follows: 8 #1 1-40/I-77/Jane Sowers Road/US 21 Interchanges (in conjunction with Statesville) #2 Brawley School Road/I-77 Interchange (Mooresville) with option of Williamson Road improvements #3 River Highway (Mooresville) #4 1-77/Corelius Road Interchange and Mazeppa Road extension (Mooresville) #5 US 21 Widening through Troutman 4. Request for Approval to Write-Off the Delinquent Account of Lake Construction Company of 123 Sweetbriar Lane, Mooresville, NC ($49.40 + late fees = balance of $700.00) and to File a Complaint with the North Carolina Licensing Board for General Contractors on the Qualifier for the Permit (Additional information regarding this matter may be found in the briefing minutes.) 5. Request for Approval of Budget Amendment #11 in Recognition of a Grant Increase in the Amount of $5,000 for the 2003 Duke Power Fixed Nuclear Grant (Radiological Preparedness Program): Emergency Services Director Jackson said during the briefing that $20,000 had been received from Duke Power and that $15,000 of this amount was already included in the budget. He requested a budget amendment to recognize the additional $5,000.00, and he said the money would be used for office supplies, telephone lines, travel, contracted services, and training and development. 6. Request from the Sheriff's Department for Approval of Budget Amendment #13 for the purpose of Appropriating Fund Balance-Seized Funds for the purchase of a Replacement K-9 and to Provide a 2003 Local Law Enforcement Block Grant Match to Purchase Video Arraignment Equipment: During the briefing, Training Officer Mark McCollum, with the Sheriff's Department requested approval of a budget amendment for the following two items. #1 Local match of $3,146 for a 2003 Law Enforcement Block Grant (grant total = $31,465) #2 Acquisition of a new canine animal ($12,000) to replace K-9 Noushka, now deceased 7. Request for Approval of the September 16, 2003 Minutes <eiietsisindecanrtsieinee END OF CONSENT AGENDA---- cn ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Juvenile Crime Prevention Council (2 announcements) APPOINTMENTS TO BOARDS & COMMISSIONS Recreation Advisory Board (1 appointment): Commissioner Tice nominated Matt Madison to fill the unexpired term of Jim Kay, who recently resigned. by Chairman Johnson to close the nominations and appoint Madison by acclamation. VOTING: Ayes — 5; Nays — 0. Personnel Advisory Board (1 appointment): No nominations were submitted, and Commissioner Madison to postpone the appointment until the October 21, 2003 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (4 appointments): No nominations were submitted, and Chairman Johnson to postpone the appointments until the October 21, 2003 meeting. VOTING: Ayes — 5; Nays — 0. CLOSED SESSION: [MOTION by Chairman Johnson to enter into closed session at 8:35 p.m., for the purpose of discussing economic development matters pursuant to G.S. 143-318.11 (a) (4) and an attorney-client matter pursuant to G.S. 143- 318.11 (a) (3). VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 9:15 P.M.) ADJOURNMENT: by Chairman Johnson to adjourn the meeting at 9:15 p.m. NEXT MEETING: Tuesday, October 21, 2003, in the Iredell County Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes — 5; Nays — 0. Clerk to the Board Approved: elite. Al, 20 5 f= @. 4) or 10 IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES OCTOBER 21, 2003 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, October 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 Vice Chairman Godfrey Williams Doug Madison Sara Haire Tice Absent: Commissioner Marvin Norman was unable to attend the briefing due to a recent hospitalization for pneumonia. Staff present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Health Director Ray Rabe, Library Director Steve Messick, Tax Administrator Bill Doolittle, Fire Marshal Chuck Gallyon, Emergency Medical Services Director Lee Darnell, and Clerk to the Board Jean Moore. Request from the Juvenile Crime Prevention Council (JCPC) for Approval of a Recommendation to Appropriate the Remaining FY 2003-2004 Juvenile Justice Funding of $30,504 to Crossroads Behavioral Healthcare at $21,051 and DonLin Counseling Services at $9,453: Carl Duncan, the JCPC Chairman and the Chief Juvenile Court Counselor for Iredell County, along with Leigh Byers, a juvenile court counselor, explained the council’s recommendations on the usage of the remaining state juvenile justice funding of $30,504. Duncan said that in May of 2003, the board of commissioners approved the appropriation of $259,410 out of an allocation of $289,914. He said the council, at that time, did not have a recommendation on the remaining $30,504.00, and a request for proposals was advertised. Mr. Duncan said the council met on September 9, 2003, and unanimously voted to appropriate the funds to Crossroads Behavioral Healthcare and Don-Lin Counseling. He said Crossroads planned to provide youth substance abuse services, and Don-Lin planned to offer a multi-family substance abuse treatment program (individual counseling along with parent/child(ren) counseling). Duncan continued by saying Don-Lin was a for-profit agency; however, the Juvenile Court Office could serve as the program manager, and this was a permissible arrangement by the state. Mr. Duncan said this arrangement was familiar to him since a for-profit agency had for many years provided psychological evaluations on Iredell County juveniles involved in the court system, plus the fact that Don-Lin already provided JCPC services in Alexander County using the juvenile court office as the program manager. Commissioner Williams questioned why Crossroads had been chosen since the state’s overall plan was to reorganize mental health authorities and convert them into local management entities. Commissioner Tice mentioned that the Counseling Center had been chosen for many years as a provider of counseling services, and she asked why the agency wasn’t selected this year. Duncan said the employees at Crossroads felt they could provide the services. In reference to not choosing the Counseling Center, he said the council had decided to use agencies that could provide “more intensive” services. Mr. Duncan said each year the council prepared a risk and needs assessment. He said that after the needs were identified, agencies were selected to provide the types of services needed. He said JCPC funding was year-to-year, and the agencies providing the services were aware that there was no guarantee on future funds. Chairman Johnson asked if there had been any deficiencies in the Counseling Center’s services. He asked if the agency had adequately targeted the juvenile court population needing assistance. Duncan said obtaining juvenile justice funding was a “highly competitive process.” He mentioned that last year the Counseling Center had personnel problems and there had been some “downtime.” Commissioner Williams asked if the Counseling Center’s choice to not accept Medicaid had anything to do with the decision. Duncan said it was mentioned, but it did not weigh heavily in the decision. Counseling Center Executive Director Mac Funderburk and Roy West, a member of the Counseling Center’s Board of Directors Speak About the JCPC Decision: Mr. West gave a brief history on his association with the Center, and the services that been provided in the past with JCPC funding. He said the agency had been a JCPC funding recipient for the past 12 years, but this year, it was turned down and no clear answer had been given as to why this happened. West said that pertaining to the Medicaid matter, JCPC Consultant Dean Vick said this was an issue, but it wasn’t a prerequisite for funding. He said the Center didn’t have a physician on staff; however, the Center did counsel some Medicaid patients. Mr. West acknowledged that the agency could not provide transportation or home visits. He concluded by saying he felt very strongly about the Center’s JCPC component, and that a $20,000 grant from the Sisters of Mercy had been received as the local match. Commissioner Williams asked why the Center was not receiving referrals. Funderburk said one counselor resigned, but another individual had been hired. He said no referrals had been received from the juvenile court counselors since May, but law enforcement officers were making referrals. Funderburk said Medicaid clients were served, even though the agency didn’t bill for the services. Chairman Johnson asked if the Center had fulfilled its obligations in the past regarding the JCPC funding. Funderburk said as far as he knew, all obligations had been met. He said there had been one problem mentioned about the Center not following up when a client missed an appointment, and it was requested that a letter be sent to the court counselors when this happened. He said a letter could be sent, but the Center did not have the authority to make the clients come for services. Commissioner Williams said it was his understanding that through the state’s re- organizational process for area mental health authorities, 4800 hours of services were offered to the Center, but the offer was declined. Funderburk said 4800 hours equaled $384,000. He said the Center was not interested in treating seriously ill patients. He said, “That’s not our function.” (See regular minutes for more information regarding this matter.) ADMINISTRATIVE MATTERS: Various county department heads then explained their requests needing action at the 7 p.m. meeting. A brief description of these items may be found in the regular minutes. ADJOURNMENT: Chairman Johnson adjourned the briefing at 6:20 p.m. 4 Approved: Di vr NASAL $ 200 5 y tan ll Myre { Clerk to the Board ae IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES OCTOBER 21, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, October 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 Vice Chairman Godfrey Williams Doug Madison Sara Haire Tice Absent: Commissioner Marvin Norman was unable to attend the meeting due to a recent hospitalization for pneumonia. 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 Chairman Johnson. PLEDGE OF ALLEGIANCE TO THE FLAG ADJUSTMENTS OF THE AGENDA: by Chairman Johnson to adjust the agenda by the following action. Addition: Closed Session to Discuss Property Acquisition — G.S. 143-318.1 1(a) (5) VOTING: Ayes — 4; Nays — 0. APPOINTMENTS BEFORE THE BOARD Danny Harbinson, A Representative from the North Carolina Office of Emergency Medical Services Announces the Official Designation of Iredell County’s EMS System: Mr. Harbinson said the EMS plan had been received and approved by the North Carolina Office of Emergency Medical Services. He said the county’s plan complied with new state laws and that it met, and in some areas exceeded, mandated requirements. Roy West, a Member of the Counseling Center’s Board of Directors and Mac Funderburk, the Executive Director of the Counseling Center, Speak in Reference to the Juvenile Crime Prevention Council’s Decision to not fund the Organization during FY 2003-2004: West said that for the past 12 years the Counseling Center, a non-profit agency, had been awarded juvenile justice funding. He said this year, however, the Juvenile Crime Prevention Council (JCPC) voted to not fund the organization. West said the Counseling Center had not heard any complaints in the past year about its services, and he and the other board of directors were “confounded” by the JCPC’s choices regarding the two agencies recommended for the funding. He said one agency, Crossroads Behavioral Healthcare, was being required by the state to divest itself of its services, and the other, Don-Lin, was a private for-profit agency. West said the county government had faith in the Counseling Center’s services due to the contractual arrangement for the Employee Assistance Program. Commissioner Madison asked where the Center had received its referrals during the past 12 years. West said the juvenile probation officers. Commissioner Madison asked if a certain number of people had to be served in a year’s time. Funderburk said each year an agreement was signed between the state and the Center indicating how many people would be served. He said the Center did not turn anyone away. He said referrals were being received from a police officer in Mooresville, but none had been received from the juvenile probation officers since May of this year. (See briefing minutes for additional information regarding the JCPC funding.) ADMINISTRATIVE MATTERS Request from the Juvenile Crime Prevention Council for Approval to Appropriate the Remaining FY 2003-2004 Juvenile Justice Funding of $30,504 (Crossroads Behavioral Healthcare Recommended to Receive $21,051 and DonLin Counseling Services Recommended to Receive $9,453): Carl Duncan, the Chief Juvenile Probation Officer for Iredell County and the Juvenile Crime Prevention Council Chairman, along with Dean Vick, the Regional Consultant for the North Carolina Department of Juvenile Justice & Delinquency Prevention, explained the process used to make recommendations regarding the appropriation of the state juvenile justice funding. Duncan said that after hearing presentations this year, it was the decision by the council to not fund the Counseling Center due to the non-acceptance of Medicaid referrals and the need for more intensive counseling services. Mr. Duncan said four proposals were received for the remaining $30,504 in state funding for FY 03-04 and out of these, Crossroads Behavioral Healthcare and Don-Lin Counseling were chosen. He said the council voted unanimously in this decision; however, there were four abstentions due to conflicts of interest. Additionally, Duncan said funds were allotted for only a 12-month period of time, and there were no guarantees on future funding for any of the programs or services. Vick said he worked in nine counties, and he was familiar with the mental health reform act and the directive for the mental health agencies to divest themselves of their services and become management entities. He said he would assist in obtaining another provider if Crossroads could not fulfill its duties. Mr. Vick said, “Mental health reform has brought new challenges, but as doors have been closed, others have been opened.” He said the council wanted to pool its resources and maximize the funding to serve as many youth as possible. Commissioner Madison mentioned that the Counseling Center appeared to be providing more services then what was required in the agreement. Vick said the Counseling Center’s services were not the same as what would be supplied by Crossroads and Don-Lin. Chairman Johnson asked if the Counseling Center could adequately serve the needs of today’s juveniles. Duncan said there were several levels of juvenile offenders, and that today’s youth did have different needs. He said one of the tasks of the JCPC was to find the best services. He said a risk and needs assessment was done to determine the services needed. Mr. Duncan said that if the needs changed, then the service provider might also have to change. by Commissioner Madison to (1) postpone the decision regarding the matter for two weeks, with a time extension granted if necessary (2) request that the Juvenile Crime Prevention Council meet with the Counseling Center’s Board of Directors for the purpose of reviewing the process and (3) return to the board of commissioners with a recommendation. Chairman Johnson requested that the two groups be direct and frank with each other and to advise if there were any deficiencies in the services being provided. VOTING: Ayes — 4; Nays — 0. nS Request for Approval of a Resolution Approving the Sale of Certificates of Participation by the Iredell County Public Facilities Corporation for the Financing of School & College Facilities & a Refinancing of a Prior Financing Agreement, Along with Approval of Other Documents Necessary for the Transactions: Chairman Johnson introduced the following resolution, a copy of which was provided to each commissioner. Susan Blumenstein, the Director of Finance and Administrative Services read by title the resolution and summarized its contents. RESOLUTION APPROVING THE SALE BY IREDELL COUNTY PUBLIC FACILITIES CORPORATION OF CERTIFICATES OF PARTICIPATION IN CERTAIN INSTALLMENT PAYMENTS TO BE MADE BY THE COUNTY OF IREDELL, NORTH CAROLINA, APPROVING A PROPOSED INSTALLMENT FINANCING AGREEMENT TO FINANCE CERTAIN SCHOOL FACILITIES AND FACILITIES FOR MITCHELL COMMUNITY COLLEGE AND REFINANCE SAID COUNTY’S PAYMENT OBLIGATIONS UNDER A PRIOR FINANCING AGREEMENT, APPROVING CERTAIN OTHER DOCUMENTS AND ACTIONS RELATING THERETO AND AUTHORIZING OTHER OFFICIAL ACTION IN CONNECTION THEREWITH WHEREAS, the County of Iredell, North Carolina (the “County”) has determined that it is necessary and expedient to finance (i) the construction of an addition to Scotts Elementary School and related renovation of the existing facilities, (ii) the construction of an addition to Harmony Elementary School and related renovation of the existing facilities, (iii) the construction of the new Woodland Heights Elementary School, (iv) the construction of the new Mooresville Intermediate School and (v) the construction of an addition to Mitchell Community College to facilitate a work force development facility (collectively, the “Project”) and refinance the County’s payment obligations under an existing installment financing contract, dated October 10, 2002, between the County and Bank of America, N.A. (the “Prior Financing Agreement”), and WHEREAS, in order to effectuate such plans ‘o finance the Project and refinance the County’s payment obligations under the Prior Financing Agreement, the County and Iredell County Public Facilities Corporation (the “Corporation”) have been negotiating certain financing documents and arranging for the negotiated sale of Certificates of Participation in certain Installment Payments (as defined in the hereinafter defined Installment Financing Agreement) to be made by the County pursuant to an installment financing agreement, to be dated as of December 1, 2003 (the “Installment Financing Agreement”), between the Corporation and the County, pursuant to the authority granted to the County under Section 160A-20 of the General Statutes of North Carolina; and WHEREAS, the County has determined that it is in the best interests of the County that the County and the Corporation enter into said Installment Financing Agreement to make available to the County funds with which to finance the completion of the Project and refinance its payment obligations under the Prior Financing Agreement, and WHEREAS, the County and the Corporation have retained investment bankers for the purpose of underwriting said Certificates of Participation; and WHEREAS, said Certificates of Participation are expected to be marketed in the expectation of executing a Certificate Purchase Agreement with respect thereto on or about December 4, 2003 and delivering said Certificates of Participation on or about December 18, 2003; and WHEREAS, in connection with such financing, it is necessary for the County to approve the sale of said Certificates of Participation by the Corporation, to approve certain other documents relating thereto and to authorize certain action in connection therewith; and WHEREAS, there have been presented at this meeting copies of the following documents relating to the delivery of the 2003 Certificates (as hereinafter defined): (a) a draft of the proposed Certificate Purchase Agreement for the 2003 Certificates (the “Purchase Agreement”), to be dated on or about December 4, 2003, between the Corporation and Legg Mason Wood Walker, Incorporated, as representative of the underwriters (the “Underwriters”, relating to the purchase and sale by the Underwriters of the 2003 Certificates; (b) a draft of the proposed Installment Financing Agreement, pursuant to which the Corporation will make available to the County funds to be derived from the sale of the 2003 Certificates with which to finance the completion of the Project and refinance the County’s payment obligations under the Prior Financing Agreement, and the County will be obligated to make Installment Payments (as defined in the Installment Financing Agreement) and certain other payments, among other requirements; (c) a draft of the proposed Trust Agreement, to be dated as of December 1, 2003 (the “Trust Agreement”), by and between the Corporation and First- Citizens Bank & Trust Company, as trustee (the “Trustee”), under which the Trustee will make available to the County the proceeds of Certificates of Participation (Iredell County Public Facilities Projects), Series 2003 evidencing proportionate and undivided ownership interests in the Installment Payments to be made by the County under the Installment Financing Agreement (the “2003 Certificates”) to pay the cost of completing the Project and refinancing the County’s payment obligations under the Prior Financing Agreement; (d) a draft of the proposed Deed of Trust, to be dated as of the date of delivery of the 2003 Certificates (the “Deed of Trust”), from the County to a deed of trust trustee for the benefit of the Corporation; (e) a draft of the Preliminary Official Statement (the “Preliminary Official Statement”), to be dated on or about November 14, 2003, relating to the offering of the 2003 Certificates; (f) drafts of the Project Construction Agreements, each to be dated as of December 1, 2003 (each a “Project Construction Agreement”), between the County and Iredell-Statesville Schools Board of Education and Mooresville Graded School District Board of Education (each a “Board of Education”), respectively, pursuant to which each Board of Education will use its best efforts to cause the completion of the construction of the portion of the Project relating to public school facilities; (g) drafts of the Lease Agreements, each to be dated as of December 1, 2003 (each a “Lease Agreement”), between the County and each Board of Education, respectively; now, therefore, BE IT RESOLVED by the Board of Commissioners for the County of Iredell, North Carolina: Section 1. Capitalized words and terms used in this resolution and not defined herein shall have the same meanings in this resolution as such words and terms are given in the Trust Agreement and the Installment Financing Agreement. Section 2. The County hereby approves the sale of the 2003 Certificates by the Corporation. The 2003 Certificates shall mature in such amounts and at such times and 4 shall bear interest at such rates as shall be determined by the President of the Corporation, provided, however, that the aggregate principal amount of the 2003 Certificates shall not exceed $47,000,000, the final maturity of the 2003 Certificates shall not extend beyond December 31, 2024, and the true interest cost of the 2003 Certificates shall not exceed 4.90% per annum. The 2003 Certificates shall be issued in fully registered form in denominations of $5,000 or any whole multiple thereof. Interest with respect to the 2003 Certificates shall be payable on April 1, 2004 and thereafter semiannually on each October 1 and April 1 until the 2003 Certificates are fully paid. Payments of principal and interest with respect to the 2003 Certificates shall be made by the Trustee to the registered owners of the 2003 Certificates in the manner set forth in the Trust Agreement. Section 3. The 2003 Certificates shall be subject to prepayment at the times, upon the terms and conditions, and at the prices set forth in the Trust Agreement, provided, however, that no prepayment premium shall exceed 2%. Section 4. The proceeds of the 2003 Certificates shall be applied as provided in Section 2.05 of the Trust Agreement. Section 5. The forms, terms and provisions of the Installment Financing Agreement, the Trust Agreement, the Deed of Trust, the Purchase Agreement, the Project Construction Agreements and the Lease Agreements are hereby approved in all respects, and the Chairman or Vice Chairman of the Board of Commissioners, the County Manager, the Director of Finance and Administrative Services, the Clerk to the Board of Commissioners and counsel to the County are hereby authorized and directed to execute and deliver the Installment Financing Agreement, the Deed of Trust, the Purchase Agreement, the Project Construction Agreements and the Lease Agreements, in substantially the forms presented to this meeting, together with such changes, modifications and deletions as they, with the advice of counsel, may deem necessary and appropriate, including, but not limited to, changes, modifications and deletions necessary to incorporate the final terms of the 2003 Certificates as shall be set forth in the Purchase Agreement, such execution and delivery shall be conclusive evidence of the approval and authorization thereof by the County. Section 6. The County hereby approves the award of the 2003 Certificates to the Underwriters pursuant to the Purchase Agreement, subject. however, to the limitation on true interest cost contained in Section 2. Section 7. The County hereby authorizes the use and distribution of the Preliminary Official Statement in connection with the public offering of the 2003 Certificates, and the Official Statement, in substantially the form of the Preliminary Official Statement, with such changes as are necessary to reflect the maturities, interest rates, prepayment premiums and initial offering prices of the 2003 Certificates, is hereby approved, and the Chairman or Vice Chairman of the Board of Commissioners, the County Manager or the Director of Finance and Administrative Services is hereby authorized to execute, on behalf of the County, the Official Statement in substantially such form, together with such changes, modifications and deletions as he, with the advice of counsel, may deem necessary or appropriate; such execution shall be conclusive evidence of the approval thereof by the County. The County hereby also approves and authorizes the distribution and use of copies of the Official Statement, the Trust Agreement, the Installment Financing Agreement, the Deed of Trust, the Purchase Agreement, the Project Construction Agreements and the Lease Agreements by the Underwriters in connection with the sale of the 2003 Certificates. Section 8. The Chairman or Vice Chairman of the Board of Commissioners, the County Manager, the Director of Finance and Administrative Services, counsel to the County and the Clerk to the Board of Commissioners are authorized and directed (without limitation except as may be expressly set forth herein) to take such actions and to execute and deliver such documents, certificates, undertakings, agreements and other 5 instruments as they, with the advice of counsel, may deem necessary or appropriate to effectuate the transactions contemplated by the Trust Agreement, the Instaliment Financing Agreement, the Deed of Trust, the Purchase Agreement, the Project Construction Agreements and the Lease Agreements. Section 9. This resolution shall take effect immediately upon its passage. [End of Resolution] Attorney Pope said he had reviewed the documents and proposed transactions and found them similar to other financings. He said the faith and credit of the county were not being pledged, and the sole recourse for the bond holders would be foreclosure on the deeds of trust. Alice Stewart, a former county commissioner attending the meeting, asked for a clarification regarding the transactions. Chairman Johnson said the Certificates of Participation involved the issuance of bonds for a Scotts Elementary School addition and renovations, a Harmony Elementary School addition and renovations, along with construction of a new Woodland Heights Elementary School, a new Mooresville Intermediate School, the construction of an addition to Mitchell Community College (work force development facility) and the refinancing of an existing installment financing dated October 10, 2002. Stewart asked for a clarification on the October 10, 2002 refinancing. Finance Director Blumenstein said the Bank of America financing was for the Iredell County Government Center-South (ICGC-S) facility. She said that if a three percent net present savings could not be reached by the bond sale date, the refinancing would be eliminated from the transaction and the $47 million would be reduced. Blumenstein said no new money was being committed, and the refinancing was only being reviewed in an effort to save on interest. She said the outstanding balance for the ICGC-S was $2,810,000. After consideration of the foregoing resolution, Commissioner Madison the passage thereof, which motion was duly by Commissioner Tice, and the foregoing resolution entitled: “RESOLUTION APPROVING THE SALE BY IREDELL COUNTY PUBLIC FACILITIES CORPORATION OF CERTIFICATES OF PARTICIPATION IN CERTAIN INSTALLMENT PAYMENTS TO BE MADE BY THE COUNTY OF IREDELL, NORTH CAROLINA, APPROVING A PROPOSED INSTALLMENT FINANCING AGREEMENT TO FINANCE CERTAIN SCHOOL FACILITIES AND FACILITIES FOR MITCHELL COMMUNITY COLLEGE AND REFINANCE SAID COUNTY’S PAYMENT OBLIGATIONS UNDER A PRIOR FINANCING AGREEMENT, APPROVING CERTAIN OTHER DOCUMENTS AND ACTIONS RELATING THERETO AND AUTHORIZING OTHER OFFICIAL ACTION IN CONNECTION THEREWITH?” was passed by the following vote: Ayes: 4 (Johnson, Williams, Madison, & Tice) Nays: 0 CONSENT AGENDA by Chairman Johnson to approve the following eight (8) consent agenda items. VOTING: Ayes — 4; Nays — 0. i. Request from the Iredell Friends of the Library Organization for the Donation of Future Library Surplus Items & Adoption of a Resolution to this Effect Extending for a Two-Year Period: A representative from the “Friends” 6 organization could not attend the meeting, and Library Director Steve Messick presented the request at the briefing. The following resolution was approved. RESOLUTION AUTHORIZING THE CONVEYANCE OF CERTAIN SURPLUS PROPERTY WHEREAS, the County of Iredell has a continuous supply of the following items of personal property which are surplus to its needs and desires to dispose of same; and WHEREAS, the Iredell Friends of the Library, is a nonprofit organization carrying out a public purpose for the citizens of Iredell County by supporting educational programs. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Iredell County, that pursuant to the provisions of G.S. 160A-267, the Iredell County Purchasing Agent is hereby authorized to perform the necessary functions to convey the following personal property to the Iredell Friends of the Library for a period of two years. Surplus Library Books and Other Media Items This the 21" day of October 2003. * KKK * 2. Request for Approval of the September 2003 Releases and Refunds: County Assessor Doolittle explained the refunds and releases during the briefing session. He advised that in the neighborhood where Commissioner Norman resided, two citizens appealed their valuations. Doolittle said the Board of Equalization and Review then reviewed the valuations and adjusted the assessments for the entire neighborhood. The following refunds and releases were then approved. SEPTEMBER 2003 TAX RELEASES & REFUNDS Releases Refunds County 79,963.93 894.01 Solid Waste Fees 1,781.00 0 East Alexander Co. Fire #1 27.46 0 Shepherd’s Fire # 2 379.17 0 Mount Mourne Fire # 3 354.72 0 All County Fire # 4 7,422.70 677.30 Statesville City 5,810.20 0 Statesville Downtown 83.02 0 Mooresville Town 8,432.12 279.40 Mooresville Downtown 29.25 0 Mooresville School 4,238.31 Tid Love Valley 0 0 Harmony 2.14 0 Troutman 0 0 Total 118,524.02 1,928.08 A complete listing of the tax releases and refunds is hereby incorporated into the minutes by reference. 3. Request for Approval of the Firemen’s Relief Fund Trustees: Fire Marshal Gallyon advised during the briefing session that G.S. 58-84-46 required that a listing of the trustees for the fire departments be submitted to the state insurance commissioner each year. The listing is as follows: North Carolina Rural Fire District Report of Fire Conditions Local Firemen’s Relief Fund 2003 DEPARTMENT #3 aA B&F/Troutman Joe E. Clodfelter R.J.Wilson, Jr. Central Nelson Cook Jim Reavis Cool Springs Ken Secrest Wade T. Campbell Ebenezer Wayne Smith Harry Frye Harmony Matt Baldwin Timothy Frye Lake Norman Howard Neel Lamont Thompson Monticello Wayne Mayberry Mary Summers Mt. Mourne Chris Goodrum Gary Craven Shepherds Kelly Robinson Donald W. McClain South Iredell Bruce Kennerly Dale Burgess Trinity Barry Compton Paul May Union Grove Ed Bissell Jody Hoots Wayside Richard Oldfield Kenneth Hall West Iredell John Byers Tommy McNeely Note: The individual fire departments designate the #1 and #2 positions. 4. Request for Approval to Apply for a North Carolina Hospital Bioterrorism Preparedness Grant in the Amount of $29,740: Emergency Medical Services Director Lee Darnell explained at the briefing that no matching funds were required for a $29,740 grant offered by the Federal Health Resources and Administration Service. Darnell said the grant cycle would extend from September 1, 2003 through August 31, 2004 and as items were purchased, a drawdown of funds could occur. He requested permission to apply for the grant to be used for the following: $18,351 Surveillance & Patient Tracking System $10,241 Positive Air Pressure Respirator Filtering Devices (49 devices @ $209 each with distribution to include one for every county ambulance and six for NuCare) $ 1,148 Haz-Mat Awareness Classes @ $400 for supplies/refreshments, EM ICS 100 & 200 classes @ $400 for supplies/refreshments, and EM ICS 300 & 400 classes @ $348 for supplies/refreshments S, Request from the Health Director for a Determination Regarding Permission to sign a Medicaid Reassignment Memorandum of Understanding submitted by the North Carolina Department of Health and Human Services: Health Director Rabe explained during the briefing session that health departments throughout the state had not been billing for a Medicaid administrative component. He said the billing was a legitimate reimburseable expense, and the state government desired to pursue some of the past components. Rabe said that in order to do this, a signed Memorandum of Understanding was being asked from each health department. He said the document would reassign the services identified for retroactive Medicaid to the North Carolina Division of Public Health. Rabe said he signed the document contingent upon receiving approval from the board of health and the board of commissioners. He continued by saying that prior to his signing the document, he had requested a written opinion on the matter from an attorney with the Institute of Government. He said the attorney verbally advised that the board of commissioners did not need to approve the document, but when pressed for a written opinion, she began further research and determined the law was unclear. Mr. Rabe said he then inquired with the county attorney, who advised that the “prudent course of action would be to request the commissioners’ approval for the health director to sign the statement.” The statement is dated August 11, 2003 and is as follows: By my signature below, I am agreeing to reassign the services identified for retroactive Medicaid claiming to North Carolina's Division of Public Health (DPH). I also understand 8 and agree that DPH and NCALD will decide on the use and purpose of these funds for mutually beneficial projects. The services included in this project are related to services loaded into HSIS as of 07/31/2002. While I understand that I am still responsible for maintaining documentation for the services reported to DPH through HSIC, I understand that by reassigning the services, I am transferring responsibility for payment of these claims to DPH for any future audits and/or paybacks related to these services. I understand that DPH will maintain and use/distribute these funds in accordance with all agreements by and between DPH, local health departments and DECs/C 'DSAs. *x**k* * * * 6. Request from the Health Department for Approval of Proposed Fee Changes: During the briefing, Health Director Rabe asked for approval of the following fee changes. Fee Schedule 2003-2004 Preventive Health Services FEES CPT Code Service Description Fees Fees FY 2003-2004 FY 2002-2003 FY 2003-2004 Revised 10/01/03 Immunizations/Injections (continued) 90655 Influenza Vaccine 6-35mo — Preser. Free $ 10.00 90658 Influenza Vaccine > 3 yrs. $ 7.00 $ 10.00** 10.00 90657 Influenza Vaccine 6-35 mo. 3.50 3.50 10.00 90732 Pneumonia Vaccine 18.00 19.00 19.00 T1017 Maternity Care Coordination 12.00 per unit** 30.00 per unit** T1017 HIV/AIDS Case Management 14.00 per unit** (effective 10/01/03 Change to T code) Note: Two services have identical codes ( T1017) te Request for Approval of a Proposed Temporary Assistance for Needy Families (TANF) Budget Revision: Health Director Rabe, at the briefing, said this budget revision would allocate women’s preventive health TANF grant revenue of $4,946 to the following: Department supplies @ $1,140 Medical supplies @ $231 Contracted services (Spanish interpreter) @ $3,575 8. Request for Approval of the October 7, 2003 Minutes END OF CONSENT AGENDA--------------------------—-- ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Animal Grievance Committee (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Juvenile Crime Prevention Council (JCPC) (2 appointments): Commissioner Williams nominated Rebecca Fulghum and Walter Horn, Jr., to the JCPC for the “under the age of 18” positions. Commissioner Madison made a motion] to close the nominations and to appoint Fulghum and Horn by acclamation. VOTING: Ayes — 4; Nays — 0. Personnel Advisory Board . appointment): No nominations were submitted, and Chairman Johnson made a motion) to postpone the appointment until the November 4 meeting. VOTING: Ayes — 4; Nays — 0. Adult Care Home Community Advisory Committee (4 appointments): No nominations were submitted, and Commissioner Tice made a motion) to postpone the four appointments until the November 4 meeting. VOTING: Ayes — 4; Nays — 0. UNFINISHED BUSINESS Clarification Pertaining to Contract Revisions for the Fire Departments Having Voted-in Tax Districts: _ Commissioner Williams said the Fire Tax District Board had not been made aware of the commissioners past action seeking assistance in the drafting of new contracts for the Shepherds, Stony Point, and Mount Mourne Fire a Departments. He said that with this being the case, no work had occurred on the contracts. Williams said there was also a misconception by some of the firemen in the county-wide district that new contracts were being requested from them. Mr. Williams said that due to the lateness in the year, the need for the fire tax board to begin budget work for next year, and now the need for the contract revisions for the departments in the voted-in fire tax district, that it would probably be impossible to get new contracts for the county-wide fire departments this year. by Commissioner Williams, based on the August 19, 2003 board of commissioner’s minutes, to direct Chairman Johnson to write a letter to Carroll Goodman, Chairman of Fire Tax District Board, officially stating that the | commissioners were requesting assistance in the drafting of new contracts for the Shepherds, Mount Moune, and Stony Point Volunteer Fire Departments. Ayes - 4; Nays — 0. COUNTY MANAGER’S REPORT: County Manager Mashburn briefed the board on the following projects: * The Mooresville Health Department will not move into the Iredell County Government Center-South facility until after December 1, 2003. - A meeting will be held on October 22, 2003 concerning floor plans for the new social services building. * The new library building is well underway -- one concern has been the loss of the back exit while the construction is occurring. + A written activity report was distributed -- one section was mentioned and it pertained to ECOM statistics. It was noted that 47,586 calls had been handled by the communications department from January through September of this year. CLOSED SESSIONS: by Chairman Johnson at 8:11 p.m., to enter into closed session for the purpose of discussing economic development matters pursuant to G.S. 143-318.11(a) (4) and property acquisition matters pursuant to GS. 143-318. 11(a) (5). VOTING: Ayes — 4; Nays — 0. (RETURN TO OPEN SESSION AT 8:50 P.M.) CALL FOR A PUBLIC HEARING REGARDING AN ECONOMIC DEVELOPMENT INCENTIVE FOR FLEXSOL PACKAGING CORPORATION: by Commissioner Williams to allow Iredell County to serve as an applicant for a Community Development Block Grant for the FlexSol Packaging Corporation and to call for a public hearing on Tuesday, November 4, 2003, at 7:00 p.m., for the purpose of discussing an economic development incentive of $82,650.00, over a five-year period, for the FlexSol Packaging Corporation based on a $4,750,000 investment in Iredell County. VOTING: Ayes — 4; Nays — 0. 10 CALL FOR A PUBLIC HEARING REGARDING AN ECONOMIC DEVELOPMENT INCENTIVE FOR ASMO, INC: by Commissioner Williams to call for a public hearing on Tuesday, November 4, 2003, at 7:00 p.m., regarding an economic development incentive of up to $696,000.00, over a five-year period, for ASMO, Inc., based on an investment in Iredell County of up to $40 million. VOTING: Ayes — 4; Nays — 0. ADJOURNMENT: by Chairman Johnson to adjourn the meeting at 8:52 p.m. (NEXT MEETING: Tuesday, November 4, 2003, at 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: dryer 4, Abi 2 ee C - Mart \ i/ Clerk to the Board il IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES NOVEMBER 4, 2003 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, November 4, 2003, at 5:00 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, Library Director Steve Messick, Youth Services Librarian Reitha Morrison, Support Services Director Jim Vernon, Transportation Director Ben Garrison, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. REQUEST FROM THE IREDELL-STATESVILLE SCHOOL SYSTEM FOR APPROVAL OF A CAPITAL OUTLAY BUDGET AMENDMENT FOR THE PURPOSE OF PURCHASING EQUIPMENT & FURNITURE: Dr. Terry Holliday, the Superintendent for the Iredell-Statesville School System, requested a capital outlay budget amendment for the purpose of deducting $25,000 from annual renovations and $35,000 from the wastewater line item. He said that due to Governor Easley’s directive pertaining to second grade classroom sizes, additional furniture was needed. Holliday said the $60,000 would be used for the furniture along with a grass cutter for Third Creek Elementary School. Commissioner Williams asked when the new school on Brawley School Road would be open. Holliday said probably in the fall of 2005. He said mega-units would be needed to alleviate overcrowding until that time. Request for Approval of Tenant Upfit Bids for the Iredell County Government Center—-South (ICGC-S) Facility: Support Services Director Vernon explained the ICGC-S renovation bids opened on October 28, 2003 for office space 3" & 4" floors) to be leased to the North Carolina Department of Environment and Natural Resources (DENR). Vernon said the low bid was from Eaglewood, Inc., of Denver, N.C., in the total amount of $1,265,300 (includes Alternate 1 and 5). He said Eaglewood had satisfactorily completed jobs for the Charlotte-Mecklenburg School System and for Mitchell College (Shearer Hall). Vernon said other references had been checked, and he along with the project’s architect (MBAJ), were recommending for the bid to be awarded to Eaglewood. (See regular minutes for additional information.) Update from Vernon on Current Projects Jail Annex (Hwy. 21): Septic system bids ($17,500) have been received. Due to the health department designing the system, costs are lower than projected. Initial cost estimates ($60,000-$70,000) were based on the Stumpy Creek Park system. Dorms are being renovated using inmate labor (painting, etc.). New Library: About one-half of the steel footings have been completed. ICGC-South: The courts’ phone lines are being converted from BellSouth to Alltel. With the exception of the DENR space, the building is finished. Ten change orders were needed for the facility’s first phase totaling $229,991.00. The contract amount (first phase) for the building is now $1,678,891.00, but this includes demolition and asbestos removal on the third and fourth floors. UPDATE ON STATESVILLE AIRPORT: Chairman Johnson said the City of Statesville had been awarded AIR 21 funding for the airport. He said the funding totaled $2,777,778 with $277,778 of this amount being the local match. Johnson said it was encouraging to know the money was flowing down for the project. ADJOURNMENT: Chairman Johnson adjourned the briefing at 6:15 p.m. Approved: ys Vinh LE, of Ge. C Lure CIN I Clerk to the Beard IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES NOVEMBER 4, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, November 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, Transportation Director Ben Garrison, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. INVOCATION by Commissioner Williams. PLEDGE OF ALLEGIANCE TO THE FLAG AGENDA APPROVAL: by Chairman Johnson to approve the agenda as presented. VOTING: Ayes — 5; Nays — 0. APPOINTMENTS BEFORE THE BOARD Debbie Brown, the District Manager for LifeSpan, Inc., Speaks in Reference to the Special Appropriation Funding of $25,310 Previously Awarded to the Iredell Vocational Workshop: Mrs. Brown requested that the funds formerly appropriated to the vocational workshop be redirected to LifeSpan, Inc., a non-profit agency. Brown said LifeSpan assumed the assets and control of the workshop operations in July of this year. She said LifeSpan provided educational, employment, and enrichment opportunities for 270 developmentally disabled individuals. Brown said out of the 270 clients, that 106 of them were enrolled for employment services at the vocational workshop site. County Manager Mashburn said the $25,310 was included in the FY 03-04 budget, but a directive from the board was needed for the release of funds. MOTION by Commissioner Norman to award the special appropriation funding of $25,310.00, that was previously appropriated to the Iredell Vocational Workshop, to LifeSpan, Inc. VOTING: Ayes — 5; Nays — 0. PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Consideration of a Proposed Economic Development Incentive for ASMO, Inc., in an Amount up to $696,000 (over a five-year period) based on an Investment in Iredell County of up to $40 Million: Jeff McKay, with the Greater Statesville Development Corporation, said the ASMO Corporation desired to participate in the county’s industrial incentive program due to a proposed $20 to $40 million investment in new equipment. McKay said the company did not plan to hire any new employees immediately, but the equipment would enhance and stabilize existing jobs. He said the City of Statesville had agreed to allow the company to participate in its incentive program. Three company representatives (Mr. Clifton, Mr. Williams, and Mr. Stutts) attended the meeting; however, they did not speak. No one else spoke, and Chairman Johnson adjourned the hearing. MOTION by Commissioner Tice to approve the economic development incentive for ASMO, Inc., in an amount up to $696,000 (over a five-year period), based on an investment in Iredell County of up to $40 million. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Consideration of a Proposed Economic Development Incentive for FlexSol Packaging in the Amount of $82,650 (over a five-year period) based on a $4,750,000 Investment in Iredell County: Jeff McKay, representing the Greater Statesville Development Corporation, said FlexSol Packaging Corporation, formerly Eclipse Packaging, planned to expand its operations and add 24 employees. He said the company proposed a $4,750,000 expansion project, and according to the county’s industrial incentive policy, this would make FlexSol eligible for an $82,650 grant (over a five-year period of time). Mr. McKay said the proposed Highway 90 infrastructure improvements, near FlexSol’s site, were instrumental in the company’s decision to expand. No one else chose to speak, and Chairman Johnson adjourned the public hearing. by Commissioner Williams to grant the economic incentive for FlexSol Packaging in the amount of $82,650 (over a five-year period) based on a $4,750,000 investment in Iredell County. VOTING: Ayes — 5; Nays — 0. Commissioner Williams mentioned that ASMO and FlexSol had been active in Statesville for several years, and he was pleased the county was assisting companies that already had a corporate presence in the community. Chairman Johnson declared the meeting to be in a public hearing. Consideration of a Community Transportation Application to be Submitted to the North Carolina Dept. of Transportation (Total Amount Requested for FY 2004-2005 = $431,169): Transportation Director Garrison asked for approval of a resolution that would allow the submission of a year 2004-2005 grant application to the North Carolina Department of Transportation. He said the application would include $249,970 in capital requests (vehicles/equipment/baseline technology) and $181,199 in administrative requests (employee development, etc.). Garrison said two light transit replacement vehicles would be included in the capital request. He said the grant’s local match would be derived from mileage surcharges. No one else desired to speak, and Chairman Johnson adjourned the hearing. IMOTION by Chairman Johnson to approve the following resolution to allow the Transportation Director to submit the FY 04-05 application. VOTING: Ayes — 5; Nays — 0. Community Transportation Program Resolution WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for administering federal and state public transportation funds; and WHEREAS, the North Carolina Department of Transportation will apply for a grant from the U.S. Department of Transportation, Federal Transit Administration, and receive funds from the North Carolina General Assembly to provide assistance for rural public transportation projects; and WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the provision of rural public transportation services consistent with the policy requirements for planning, community and agency involvement, service design, service alternatives, training and conference participation, reporting and other requirements (drug and alcohol testing policy and program, disadvantaged business enterprise programs, and fully allocated costs analysis); and WHEREAS, Iredell County hereby assures and certifies that it will comply with the federal and state statutes, regulations, executive orders, Section 5333 (b) Warranty, and all administrative requirements which relate to the applications made to and grants received from the Federal Transit Administration, as well as the provisions of Section 1001 of Title 18, U.S.C. NOW, THEREFORE, be it resolved that the Transportation Director of Iredell County is hereby authorized to submit a grant application for federal and state funding, make the necessary assurances and certification, and be empowered to enter into an agreement with the North Carolina Department of Transportation to provide rural public transportation services. This the 4" day of November 2003. xx * * * PUBLIC HEARING FOR REZONING CASE NO. 0310-1 Chairman Johnson declared the meeting to be in a public hearing and invited all members of the audience desiring to speak regarding the conditional use rezoning case of Ted Ritchie to come forward and be sworn in. Rezoning Case No. 0310-1: Ted W. Richie Requests to Rezone a Portion of Property from Residential Agricultural to Residential Office Conditional Use District (Property location is 447 Williamson Road, Mooresville, NC): Planning Supervisor Smith said the owner/applicant was requesting a residential office zoning for the purpose of establishing a dance studio on 1.069 acres of residential agricultural zoned land. He said that in 1999, Mr. Richie obtained a residential office zoning on 1.10 acres of adjacent property for the dance studio; however, the tract was too small for the building and appurtenances. He said the planning board on October 1, 2003 unanimously approved the request regarding the 1.069 acres with the following conditions: * Landscaping shall be provided on the length of the first 22.5’ of the front yard as measured from the edge of the 100’ road right-of-way. Such landscaping area shall consist of any combination of trees, shrubs, grass or other decorative or vegetative ground cover. No portion of this landscaped area shall contain bare soil. No impervious surface shall be allowed in this area except for driveways connecting the lot to the point of ingress and egress, sidewalks, boundary fences or walls. * One monument type sign No one else desired to speak, and Chairman Johnson adjourned the hearing. by Commissioner Tice, after reviewing the findings of fact and determining them to be in order, to approve the rezoning request of Case No. 0310-1 (Ted W. Richie) from Residential Agricultural to Residential Office Conditional Use District. VOTING: Ayes — 5; Nays — 0. CONSENT AGENDA by Chairman Johnson to approve the following six (6) consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. Request from the Iredell-Statesville School System for Approval of a Capital Outlay Budget Amendment for the Purpose of Purchasing Equipment & Furniture: The Superintendent for the Iredell-Statesville Schools explained during the briefing that monetary savings ($60,000) had been achieved from wastewater and annual renovation projects and the school system desired to purchase classroom furniture and a grass cutter. 2. Request for Approval of the Iredell County Area Transportation System ‘ Advisory Board (ICATS) By-Laws: During the briefing, Transportation Director Garrison said the human service agencies using the ICATS service approved a set of by- laws on July 28, 2003, and a request was now being made for board approval. He said the commissioners would have the opportunity to appoint three at-large members to the advisory board. Garrison said the purpose of the advisory board would be to serve as a liaison between the citizens of the county and the governing officials. Along with the three at-large members, Garrison said a representative from the following user agencies would serve in an advisory capacity: Social Services, Kidney Dialysis, ElderCenter, Crossroads Behavioral Healthcare, N.C. Services for the Blind, Veterans Services, I-CARE, LifeSpan Enrichment Services, and LifeSpan Vocational Services. 3. Request for the Awarding of the Iredell County Government Center—South Facility Tenant Upfit Single-Prime Bid to Eaglewood, Inc., in the Amount of $1,265,300 which includes Alternate 1 (aluminum windows/4" floor) and Alternate 5 (curb/gutter & storm drain inlet boxes): Support Services Director Vernon said during the briefing that Englewood, Inc., had submitted the lowest bid (base amount of $1,216,000) for the renovations on the space to be leased to the North Carolina Department of Environment and Natural Resources (DENR). Vernon said the project’s architect could find no exceptions to the awarding of the contract to the low bidder. He said Alternate 1 for $27,000 was consistent with industry pricing, and the aluminum windows were required in the DENR lease. In reference to Alternate 5 ($22,300), he said the Town of Mooresville had requested new curb/guttering and storm drain inlet boxes for the Evergreen Street closing. Vernon said, however, Mooresville would reimburse the county for part of the costs for Alternate 5. Vernon said the ICGC-S project was $180,000 under budget, and it would be even more under budget when Mooresville paid its share of the cost for Alternate 5. He mentioned that DENR needed to occupy the building by November of 2004. A complete bid listing for this project is as follows: SINGLE-PRIME BIDS -— ICGC-SOUTH TENANT UPFITTING Contractor Base Bid Alt. 1 Alt. 2 Alt. 3 Alt. 4 Alt. 5 Monteith Construction | $1,508,000 | $30,000 $12,000 $ 7,000 $15,000 $50,000 Farley Associates R.J. Fisher 1,369,000 | 12,890 7,800 6,580 2,960 19,600 Edison Foard, Inc. Streamline LLC 1,392,000 | 15,000 12,000 6,200 (1,000) 30,000 Cresent Construction Eaglewood 1,216,000 27,000 8,700 10,000 0 22,300 Southern Constructors Deconti Odden & Griffith Eastern Summit 1,345,000 | 15,000 13,000 6,500 8,000 20,000 Lomax 1,319,900 | 10,700 9,400 6,900 2,100 17,200 John M. Campbell 1,369,000 | 16,800 8,000 6,600 6,800 20,500 Miles Builders Alternate 1: Provide and install aluminum windows on the 4" floor. Alternate 2: Provide and install wall tile. Alternate 3: Provide and install carpet. Alternate 4: Provide and install all new painted wood doors. Alternate 5: Provide and install curb/gutter and storm drain inlet boxes. 4 4. Request from the Library for Approval to Apply for a Mini-Grant from the North Carolina Martin Luther King, Jr. Commission: Library Director Steve Messick and Youth Services Librarian Reitha Morrison, at the briefing, requested permission to apply for a $2,500 grant from the Martin Luther King, Jr. Commission. Morrison said a program entitled, “Legends and Legacies: A Year Long Celebration of Multicultural Unity” had been created to “foster and promote the legacy and philosophy of Dr. King.” Mrs. Morrison said events would be held throughout the year at the library, area schools, and day care centers. She presented the following budget for the usage of the grant funds. $ 500 Special guest expenses (out-of-county guest) 700 Books 800 Audiovisuals 300 Activity booklets, activities, bookmarks 200 Miscellaneous $2,500 Total mini-grant (No local match required.) g. Request for Approval of Leases with the Iredell-Statesville Board of Education & the Mooresville Graded School District Board of Education Relating to the 2003 Certificates of Participation (COPS): Finance Director Blumenstein stated at the briefing that these two agreements were similar to ones executed in the past. She said the county would be taking the title to the school properties involved in the 2003 COPS issuance. Blumenstein said the county would then lease the sites to the school systems. 6. Request for Approval of the October 21, 2003 Minutes END OF CONSENT AGENDA ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Animal Grievance Committee (1 announcement) Community Advisory Committee for Disabled Adults (CAP-DA) (6 announcements) Criminal Justice Partnership Program (5 announcements) Board of Health (2 announcements) Home & Community Care Block Grant Committee (3 announcements) Information & Referral Service (1 announcement) Recreation Advisory Committee (2 announcements) Crossroads Behavioral Healthcare Board of Directors (1 announcement) Crossroads Behavioral Healthcare’s Consumer & Family Advisory Committee (3 announcements) Board of Adjustment (2 announcements) Iredell County Transportation Advisory Board (3 announcements) APPOINTMENTS TO BOARDS & COMMISSIONS Personnel Advisory Board (1 appointment): No nominations were submitted, and Commissioner Madison made a motion] to postpone this appointment until the November 18 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (4 appointments): No nominations were submitted, and Chairman Johnson made a motion to postpone these four appointments until the November 18 meeting. VOTING: Ayes — 5; Nays — 0. Animal Grievance Committee (1 appointment): Commissioner Tice nominated Dr. Brad Rutledge. by Commissioner Madison to close the nominations and appoint Rutledge by acclamation. VOTING: Ayes — 5; Nays — 0. ADJOURNMENT: by Chairman Johnson to adjourn the meeting at 7:30 p.m. (NEXT MEETING: Tuesday, November 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: hs, WVimtw LE, A003 i. 2 Ayrne CA ae . // Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES NOVEMBER 18, 2003 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, November 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, County Assessor Bill Doolittle, Emergency Services Director Tracy Jackson, Sheriff's Chief Deputy Rick Dowdle, Interim Health Director Donna Miller Campbell, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. REQUEST FOR CONTINUED DISCUSSION/DECISION REGARDING WORK STATIONS FOR THE CLERK OF COURT’S OFFICE: Clerk of Court Rena Turner attended the meeting and said that in June of this year, a request had been made for work stations at the Hall of Justice. She said that at the time, it was her understanding the request had been approved, but the board desired to wait a little longer in FY 03-04 to appropriate the funds. Turner said the board had anticipated back in June that funding for the stations might be available from the Iredell County Government Center-South (ICGC-S) project. Finance Director Blumenstein suggested that a budget transfer be made to purchase the four work stations. She said the cubicles would cost approximately $16,600.00, and this amount could be transferred out of unspent ($38,625) ICGC-S security services funds. (Unspent security funds have occurred due to the delay in the facility’s opening.) Request from the Sheriff's Department for Approval to use $50,544 in Seized Funds to Purchase a Video Enhancement System and Approval to use Seized Funds in the Amount of $13,000 to Purchase a Replacement Vehicle for the Narcotics Division: Chief Deputy Dowdle explained these two requests and said the department desired to purchase a used vehicle to replace one in the narcotics division with high mileage. In reference to the video system, he said many tapes received from area merchants were of a “fuzzy” quality, and the enhancement equipment would enable investigators to perform better work when analyzing crime scenes. Request from the Sheriff Regarding an Additional Bailiff in Mooresville: This request was not on the November 18 agenda; however, C hief Deputy Dowdle said Sheriff Redmond had requested him to advise the board that there wouid be a need for an additional bailiff in the southern end. He said, currently, two bailiffs were scheduled for Mooresville, but with the high number of inmates going there, it was becoming evident that more staff would be needed. Dowdle said the security guards at the doors could not assist, since they had their own responsibilities. He said that when the budget was being prepared in anticipation of the government center-south facility opening, it had been difficult to “forecast” the personnel needs. Now, he said that since the staff could visually look at the building’s layout, it was evident more inmate supervision would be needed. He mentioned the possibility of using lapsed salary funds for the new position. County Manager Mashburn said his preference would be to wait until the next meeting to decide on the position. He said that since the facility (ICGC-S) wouldn’t be opened until January 2, 2004, the request could wait another two weeks. The commissioners agreed to place the request on the December 2, 2003 agenda. ESTABLISHMENT OF WINTER RETREAT DATES: County Manager Mashburn said the board, for many years, had held its winter retreat in January; however, last year it was held in February. He said this occurred due to the lateness in receiving sales tax revenue information. Mashburn recommended that the board meet on Friday, February 13, 2004 (all day) and Saturday, February 14 (half-day) at the Agricultural Center. He asked input from the board on topics to be discussed. Chairman Johnson mentioned that at several economic development meetings, he had heard the economic developers discuss Tax Incremental Financing (TIF). He asked if a presentation could be done on this economic development tool. County Manager Mashburn said this could be discussed. He said this type of financing was already being used in South Carolina, and there seemed to be an effort underway by some individuals to get legislation passed in North Carolina allowing its usage here. Mashburn said public funds were used in this type of financing to develop areas for economic development. He said then, with the increased tax base, the public facilities (water sewer lines, sidewalks, etc.) were paid off. Johnson said he didn’t know if he would be in favor of the legislation, but he would at least like to have more information. UPDATE ON RECENT FOODBORNE ILLNESSES OCCURRING AFTER INDIVIDUALS HAD EATEN AT THE K & W CAFETERIA: Interim Health Director Donna Miller Campbell advised that 79 people had reported illnesses after eating at the K &W Cafeteria on November 1 & 2. She said case evaluation studies had occurred, along with human and food testings, but the state had not completed its report. Mrs. Campbell said the restaurant had been fully cooperative, and the state would issue its test results in the next few days. ADJOURNMENT: Chairman Johnson adjourned the briefing at 5:45 p.m. Approved: Alec eonkir of, 2003 IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES NOVEMBER. 18, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, November 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. PLEDGE OF ALLEGIANCE TO THE FLAG ADJUSTMENTS TO THE AGENDA: [MOTION by Chairman Johnson to approve the agenda by the following adjustments. Addition: Request from the Mooresville Graded School District for an FY 2003-04 Capital Outlay Budget Amendment in Regards to the Transfer of $200,000 from line items for Water Sewer Services at the new Mooresville Intermediate School. Delition: Three Appointments to the Transportation Advisory Board (The transportation director will suggest nominees at a future meeting.) VOTING: Ayes — 5; Nays — 0. APPOINTMENTS BEFORE THE BOARD Presentation of the Comprehensive Annual Financial Report for Iredell County, as of June 30, 2003, by McLelland, Rutherford & McKenzie, PA: CPA Ron McLelland advised that the county’s annual financial report ending June 30, 2003 had been approved by the Local Government Commission on November 10, 2003. McLelland said his firm had rendered an “unqualified” opinion on the county’s financial status for this reporting period. He said there were no reportable conditions or findings relating to noncompliance to state and federal awards, laws, or regulations. Mr. McLelland stated that as required, Governmental Accounting Standards Board (GASB) Statement Number 34 had been implemented during the 2002-03 year. He said the GASB standards required significant changes in the audit pertaining to terminology and presentation. He said the basic financial statement was presented on the full accrual or commercial basis of the county, while the fund financial statements continued to be presented in the modified accrual method. Financial Director Blumenstein said the management discussion and analysis information included the following financial highlights. ° The assets of Iredell County, North Carolina exceeded its liabilities at the close of the fiscal year by $76,667,166 (net assets). ° The government's total net assets increased by $6,278,828, primarily due to increased net assets in the General Fund. ° At the end of the current fiscal year, Iredell County, North Carolina's governmental funds reported combined ending fund balances of $29,210,584, a decrease of $3,757,593 in comparison with the prior year. The decrease resulted from expenditures made for multi-year capital projects. Approximately 64% of this total amount, or $18,596,037 is available for spending at the government's discretion (unreserved fund balance). ° At the end of the current fiscal year, unreserved fund balance for the General Fund was $11,439,575 or 11.49% of total general fund expenditures for the fiscal year. ° The County's total debt increased by $6,177,015 (6%) during the current fiscal year. This increase includes a $3,510,000 160A-20 installment purchase financing with Bank of America, NA for the renovation of the Iredell County Government C ‘enter-South (a former hospital facility owned by HMA) and retirement of the $1,900,000 note issued to HMA for the purchase of the building. In addition, the County refunded bonds from two outstanding debt issues in order to reduce the effective interest rate and reduce annual payments. In December 2002, $6,720,000 in outstanding 1992 Certificates of Participation were refunded by issuing new debt of $5,455,000 and applying the 1992 debt service reserve funds towards the outstanding balance. $15,260,000 of the outstanding 2000 Installment Payment Revenue Bonds were refunded in February 2003. The face value of the variable rate 2003 Installment Payment Revenue Refunding Bonds is $18,020,000, an increase of $2,760, 000. The County entered into a swap agreement with Bank of America, NA fixing the interest rate at 3.30%. ° Renovations were completed at the Hall of Justice Annex, providing additional courtrooms and office space for court staff as well as office space for the Iredell County Register of Deeds. These renovations were funded from the C apital Reserve Fund. ° Architectural plans were completed for the new $6.6 million Iredell County Public Library. The County is funding $5.35 million of the total project costs, and the City of Statesville, having entered into an inter-local agreement with the County, will provide one million dollars. Approximately $250,000 of the cost is being donated. ° The County officially opened Stumpy Creek Park, a multi-functional outdoor facility located on Lake Norman. ° Iredell County, North Carolina maintained its Aa3 bond rating for the sixth consecutive year. Request for Continued Discussion/Decision Regarding FY 03-04 Juvenile Justice Funds: County Manager Mashburn said that originally the Juvenile Crime Prevention Council (JCPC) allocated $21,051 to Crossroads and $9,453 to Don-Lin Counseling FY 03-04. He said the two agencies planned to provide “intensive services where drug abuse was a factor.” Mashburn said the decision left out the Counseling Center of Iredell (CCI), a former funding recipient. He said the CCI board members recently appeared before the commissioners seeking additional review of the JCPC decision. Mashburn said the JCPC recently met with the CCI board members and explained to them what was needed for funding. He said the JCPC then held a meeting and voted to appropriate $10,000 to CCI for “nonsubstance abuse clientele sessions only.” MOTION) by Commissioner Madison to appropriate $10,000 to the Counseling Center of Iredell by accepting $7,160 in additional JCPC funds and by transferring $2.840 from the JCPC training and administrative line item, and in addition, to allocate previously unallocated funds of $21,051 to Crossroads Behavioral Healthcare and $9.453 to Don-Lin Counseling Service. (The motion will also approve Budget Amendment #15 for the additional $7,160 for the pass through to the Counseling Center.) VOTING: Ayes — 5; Nays — 0. CONSENT AGENDA MOTION by Chairman Johnson to approve the following nine (9) consent agenda items. VOTING: Ayes — 5; Nays — 0. 4 ~ 1. Request for Continued Discussion/Decision Regarding Work Stations for the Clerk of Court’s Office: This request for four work stations was approved, and the funding will be derived by transferring $16,600 (cost of the work stations) out of unspent Iredell County Government Center-South funds ($38,625) that had been budgeted for security. (See briefing minutes for additional details.) 2. Request for Approval of the October Refunds and Releases: At the briefing, County Assessor Bill Doolittle recommended approval of the following refunds and releases. [ 2003 OCTOBER TAX RELEASES & REFUNDS Releases Refunds County 98,630.73 1,157.48 Solid Waste Fees 1,634.50 13.00 East Alexander Co. Fire #1 1.88 0 Shepherd’s Fire # 2 564.62 457.88 Mount Mourne Fire # 3 283.63 170.46 All County Fire # 4 5,569.23 1,373.98 Statesville City 3,095.71 513.40 Statesville Downtown 26.91 0 Mooresville Town 38,627.57 1,467.63 Mooresville Downtown 16.74 0 Mooresville School 7,943.32 368.71 Love Valley 0 0 Harmony 17.21 0 Troutman 199.60 0 Total $156,611.65 $5,522.54 A complete listing of the individual tax releases and refunds is hereby incorporated into the minutes by reference. 2 Request for Approval of an Amended Resolution for the North Carolina Local Government Debt Setoff Program: County Assessor Bill Doolittle explained at the 5:00 p.m., meeting that a resolution was approved on December 18, 2001, that allowed the county to participate in a debt setoff program. He said the resolution designated former County Assessor, Brent Weisner, as the person to conduct any debt setoff hearings. Doolittle said the resolution needed to be amended to reflect that someone else would assume these duties. (The board amended the resolution as follows and designated County Assessor Bill Doolittle as the person to hold any hearings or proceedings resulting from the program.) AMENDMENT TO THE RESOLUTION ADOPTING THE NORTH CAROLINA LOCAL GOVERNMENT DEBT SETOFF PROGRAM WHEREAS, NCGS Chapter 105A, Setoff Debt Collection Act, authorizes the North Carolina Department of Revenue to cooperate in identifying debtors who owe money to local governments and who qualify for refunds from the Department of Revenue; and WHEREAS, the law authorizes the setting off of certain debts owed to local governments against tax refunds; and WHEREAS, the North Carolina Association of County Commissioners and the North Carolina League of Municipalities have jointly established a clearinghouse to submit debts on behalf of Iredell County, as provided by law. NOW THEREFORE, BE IT RESOLVED by the Iredell County Board of Commissioners that Iredell County will participate in the debt setoff program and hereby designates County Assessor Bill Doolittle as the person to hold hearings and conduct necessary proceedings. The Chairman of the Iredell County Board of Commissioners and the Iredell County Manager are hereby authorized to execute such documents and agreements as necessary to participate in the debt setoff program. Adopted this the 18" day of November 2003. * *K OK OK * 4. Request for Final Approval of a Wet Detention Pond, a Bond, & an Operation and Maintenance Agreement (Owner: River Park, LLC — Location: Intersection of River Highway and McCrary Road in Mooresville, NC): Lynn Niblock, the Director for Planning and Code Enforcement, explained at the briefing that the staff recommended approval of a wet detention pond for River Park, LLC, along with the necessary bonding documents (letter of agreement in the amount of $10,500.00) and an operation/maintenance agreement. He said the pond had been completed and inspected in accordance with Section 507 of the Iredell County Watershed Protection Ordinance. 5. Request from the Sheriff's Department for Approval of Budget Amendment #16 to Recognize Federal Equity Sharing Funds (Seized Funds) of $50,544 to Purchase a Video Enhancement System: During the briefing, Chief Deputy Dowdle said $50,544.00 was needed to purchase an enhanced video system for the purpose of reviewing tapes submitted by merchants when crimes occurred. He said that at the present, the merchants were using different video systems, and enhanced equipment would aid in the investigations. 6. Request from the Sheriff's Department for Approval of Budget Amendment #17 to Recognize Funds ($13,000) Received from the Controlled Substance Tax and to Appropriate the Funds for the Purchase of a Replacement Vehicle for the Narcotics Division: | Chief Deputy Dowdle explained during the briefing that the vehicle presently being used in the narcotics division had high mileage. He requested permission to purchase a used car as a replacement. 7: Request for Approval to Apply for a Hazardous Mitigation Planning Grant: During the briefing session, Emergency Services Director Jackson said a Hazard Mitigation Plan had already been submitted to the state; however, the Federal Emergency Management Agency had now changed its standards. He requested permission to apply for a grant that would enable his office to contract with Eplan, LLC for an update to the plan. Jackson said Eplan’s owner, Larry Dickerson, was familiar with the original plan, since he helped draft it. Jackson said Dickerson’s quote for the work was $5,110. He said the grant, if awarded to the county, would be for $3,833 and the local match would be $1,277. 8. Request for Permission to add Ten Additional Seats to the Local Emergency Planning Committee (LEPC): Also during the briefing, Emergency Services Director Jackson explained the need for more representation on the LEPC. He requested to add three positions to be filled by representatives from emergency hazardous substance facilities, three law enforcement representatives, one additional representative from emergency management, and three to represent educational systems. 9. Request for Approval of the November 4, 2003 Minutes END OF CONSENT AGENDA ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Recreation Advisory Board (1 announcement) Local Emergency Planning Committee (3 announcements) 4 APPOINTMENTS TO BOARDS & COMMISSIONS Personnel Advisory Board (1 appointment): No nominations were submitted, and Chairman Johnson motioned to postpone this appointment until the December 2 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (4 appointments): Commissioner Madison nominated Rodney Creech and Holly Allison. No other nominations were submitted, and Chairman Johnson motioned to close the nominations and appoint Creech and Allison by acclamation. VOTING: Ayes- 5; Nays — 0. Animal Grievance Committee (1 4 ointment): Commissioner Williams nominated Cynthia G. Andrews. No other nominations were submitted, and Commissioner Madison motioned to close the nominations and appoint Andrews by acclamation. VOTING: Ayes — 5; Nays — 0. Community Advisory Committee for Disabled Adults geome: _ appointments): No nominations were submitted, and Chairman Johnson motioned to postpone these appointments until the next meeting. VOTING: Ayes — 5; Nays — 0. Criminal Justice Partnership Program (5 appointments): Commissioner Tice nominated Marvin Norman and Joel Mashburn. Commissioner Williams nominated Susan Stroud and David Crosby. Commissioner Madison nominated Billie Fae Gill. Chairman Johnson motioned to close the nominations and appoint Norman (commissioner representative), Mashburn (county manager), Stroud (community services representative), Crosby (mental health representative) and Gill (at-large representative) by acclamation. VOTING: Ayes — 5; Nays — 9. Board of Health (2 appointments): Commissioner Tice nominated Dr. Ben Bowen. Commissioner Williams nominated Grady Mills. Commissioner Madison motioned to close the nominations and to appoint Bowen (physician representative) and Mills (public representative) by acclamation. VOTING: Ayes — 5; Nays — 0. Home & Community Care Block Grant Committee (3 appointments): Commissioner Madison nominated Tracy Hill and Sue Walser. Commissioner Tice nominated Doug Madison. Commissioner Norman motioned to close the nominations and to appoint Hill (DSS representative), Walser (Kings Grant Retirement Home representative) and Madison (commissioner representative) to the HCC BG Committee. VOTING: Ayes — 5; Nays — 0. 5 Information & Referral Service (1 appointment): Commissioner Tice nominated Norma Rife for a reappointment. Commissioner Madison motioned to close the nominations and appoint Rife by acclamation. VOTING: Ayes — 5; Nays — 0. Recreation Advisory Committee (2 appointments): Commissioner Williams nominated David Rothwell and Bill Benfield. Commissioner Tice motioned) to close the nominations and to appoint Rothwell and Benfield by acclamation. VOTING: Ayes — 5; Nays — 0. Board of Adjustment (2 appointments): Commissioner Tice nominated Michael Johnson and Steve Shoe for reappointments. Chairman Johnson Imotioned to close the nominations and to appoint Mike Johnson and Steve Shoe by acclamation. VOTING: Ayes — 5; Nays — 0. Crossroads Behavioral Healthcare Board of Directors (1 appointment): Commissioner Wi'liams nominated Iris Mayberry. Chairman Johnson motioned) to close the nominations and to appoint Mayberry by acclamation. VOTING: Ayes — 5; Nays — 0. Crossroads Behavioral Healthcare’s Consumer & Family Advisory Committee (3 appointments): Commissioner Williams nominated Wanda Mayes, Dottie Harrison, and Cecil Maynor. Chairman Johnson to close the nominations and appoint Mayes, Harrison, and Maynor by acclamation. VOTING: Ayes — 5; Nays — 0. Community Advisory Committee for Disabled __ Adults CAP-DA)__(6 appointments): Commissioner Williams nominated Wendy Werts-Ivey, Carolyn Lamb, Leigh Darty, Ashley Drum, Tracy Hill, and Renae Karriker. Commissioner Tice lmotioned| to close the nominations and to appoint Werts-Ivey (Council on Aging), Lamb (DSS), Darty (Hospice), Drum (Gentiva Health Services) Hill (DSS), and Karriker (Brian Center Health and Retirement) by acclamation. VOTING: Ayes — 5; Nays — 0. (Note: These appointments were postponed earlier in the meeting due to the board members not realizing the six individuals were interested in serving.) 6 COUNTY MANAGER’S REPORT Presentation from Finance Director Susan Blumenstein regarding the 2003 Certificates of Participation (COPS) and an update on Sales Tax Revenues COPS Blumenstein distributed Preliminary Official Statements (POS) for the 2003 COPS. She said the POS was in the amount of $40,230,000.00, and this included the possible refunding of the 2002 installment note with the Bank of America. Mrs. Blumenstein said that, recently, most of the documents relating to the 2003 issuance were in the amount of $47,000,000.00, and the reason for the higher amount was due to not having all of the bids. She said that if the bids had exceeded the working amount, then, it would have been necessary to abandon all previous work, and to start the process all over. She gave the following estimated architectural costs for the COPS projects (Woodland Heights Elementary, Harmony Elementary, Scotts Elementary, Mooresville Intermediate, and Mitchell College). Total for all Projects Construction & site development $35,785,826 Offsite DOT Road Improvements 750,000 Water/Sewer Extension 650,000 Architect’s fees 2,155,778 Other costs Offsite design 5,000 Soil testing 85,000 Other 177,000 Furniture/Equipment 1,282,064 Contingency 1,564,487 Project Totals $42,455,155 Deduct Local Funding (5,232,545) (already in place) Total 37,222,610 Add: Estimated Closing costs 661,765 Amount to be Borrowed: $37,884,375 Mrs. Blumenstein said the Local Government Commission required at least a 3% net present value savings on existing debt refinancings/refundings, and for this reason, the Bank of America refinancing probably would not occur. She said the estimated savings at this time appeared to be around 1.5%, and if the refinancing did not occur, the $40,230,000.00 would be reduced by $3.5 million. She said the 2003 issuance would be for 20-year bonds, and the “all-in interest” (interest + all closing costs) would be around 4.3%. Commissioner Williams asked Blumenstein to comment on the county’s present indebtedness. Blumenstein said bond rating agencies looked at the proportion of debt service to the entire general fund budget. She said the county was at about 10%, and the rating agencies typically became concerned if counties were over 15%. Mrs. Blumenstein said that when the county was compared to other like-sized counties, it had considerably less debt. She said that as the general fund grew, and the debt didn’t change, the percentage dropped proportionately. REVENUE FROM SALES TAXES Blumenstein said sales tax distributions were now being received on a monthly basis instead of the previous quarterly cycle. She said last week, the third monthly report was received. Blumenstein mentioned that for 2003-04, revenues were being 7 received from the 2002 1/2¢ tax. She said this tax had yielded $1,051,805 for the first quarter. Blumenstein then shared the following sales tax information. July/August/September 2003-2004 2002-2003 (July/August/September) 1¢ $2,559,064 $ 2,599,125 1983 1/2¢ 1,128,803 1,243,349 1986 1/2¢ 1,113,417 1,230,407 2002 1/2¢ 1,051,805 $5,853,088 $5,072,881 Blumenstein said the 1¢ tax was distributed on a point of delivery method and the 1/2¢ taxes were distributed to each county using the state’s overall population. Mrs. Blumenstein said the amounts revealed that the county was stable in the point of delivery method, but the statewide economy was affecting Iredell’s other tax revenues (1/2¢ taxes). Chairman Johnson asked if it would be fair to say that the sales taxes generated in Iredell County were being sent somewhere else. Blumenstein said this was a fair statement. She said that for example, if there was a taxable good produced here, but it was delivered in Wake County, then Wake County received the tax. She said that if a Wake County business drove to Iredell to pick up the good, then Iredell County received the tax (point of delivery). Blumenstein said two years ago, the point of sale method was changed by the legislature to the current point of delivery system in an effort to recoup lost revenues from Internet sales. She said this action had “stunted” the county’s growth. Insurance Services Office (ISO): County Manager Mashburn said ratings had been received from the ISO pertaining to the inspections department. He said the ISO rated county inspections departments in a 1 to 10 scale with 1 being the highest. Mashburn said that in the commercial division, the county was ranked at a 4, and it was previously at a 5. In the dwellings division, the county moved from a 9 to a5. He said the only reason the county did not receive higher ratings was due to the fact that Iredell County had fewer inspectors than like-sized counties. Farm-City Dinner: Mashburn reminded the group that the annual Farm-City Dinner would be held Tuesday, November 25, 2003, 6:30 p.m., at the Agricultural Center. He said the program this year would pertain to the new library. Winter Retreat: Mashburn said that at the briefing, he had suggested that the winter retreat be held on February 13-14, 2004, at the Agricultural Center. Chairman Johnson said that in addition to a Tax Incremental Financing discussion at the retreat, he would like some time allotted for a presentation from the Emergency Communication Task Force. ADJOURNMENT: MOTION by Chairman Johnson at 7:50 p.m., to adjourn the meeting. NEXT MEETING: Tuesday, December 2, 2003 at 5:00 p.m., and 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC 28677. VOTING: Ayes — 5; Nays — 0. Approved: Ah ccnhir 4, A005 iL (. Wy 7-7 r Clerk to thé Board | IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES DECEMBER 2, 2003 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, December 2, 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, Chief Deputy Rick Dowdle with the Sheriff's Department, Planning Supervisor Ron Smith, Planning and Code Enforcement Director Lynn Niblock, and Clerk to the Board Jean Moore. Call to Order: Chairman Johnson called the meeting to order, and the business items listed on the agenda were described by the department heads. (A summary of these comments may be found in the 7:00 p.m. minutes.) Establishment of an Open House Date for the Iredell County Government Center South (ICGC-S) Facility: The board members agreed to hold an ICGC-S Open House on Tuesday, January 20, 2004, from 4:00 p.m. until 6:00 p.m. At the same location (Courtroom - 613 East Center Avenue, Mooresville, NC), the 7:00 p.m. business meeting will be held. There will not be a briefing session. Announcement of the NACo Legislative Conference in Washington, D.C.: The county manager said the NACo Legislative Conference was scheduled for February 27, 2004 through March 2, 2004, in Washington D.C. Mashburn said the housing at the conference site usually booked up early, and he encouraged any commissioners desiring to attend to let the staff know as soon as possible. Update on the 2003 Certificates of Participation: Finance Director Blumenstein said that over half of the bonds had been sold at the retail level. She mentioned that the institutional sales would be held on December 3. Blumenstein said the true interest cost for the sold bonds was between 4.26% and 4.29%. She said the refinancing for the Iredell County Government Center-South loan had been completely deleted from the 2003 transaction. Adjournment: Chairman Johnson adjourned the briefing at 5:50 p.m. P r/ \ ¥ Approved: Membr [4 Q005 70 a £. DA eee / Clerk to the Board V IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES DECEMBER 2, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, December 2, 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 Chairman Johnson. ELECTION OF THE BOARD’S OFFICERS Election of the Chairman: Commissioner Williams nominated Stephen D. Johnson for the chairman of the board’s position. There were no other nominations. MOTION by Commissioner Madison to close the nominations and to appoint Stephen D. Johnson to the chairman’s position by acclamation. VOTING: Ayes — 5; Nays — 0. Election of the Vice Chairman: Commissioner Norman nominated R. Godfrey Williams for the board’s vice chairman position. There were no other nominations. IMOTION by Commissioner Tice to close the nominations and to appoint R. Godfrey Williams to the vice chairman’s position by acclamation. VOTING: Ayes — 5; Nays — 0. ADJUSTMENTS OF THE AGENDA: by Chairman Johnson to adjust the agenda by the following actions. Deletions: @ Presentation of a Plaque to Retiree Faye Brincefield (Due to being out-of town, Mrs. Brincefield was unable to attend the meeting. She will, however, be able to attend the December 16 meeting for the presentation.) e@ Request for Permission to Apply for a 2004 Community Waste Reduction & Recycling Grant for $25,000 (This request will be discussed at the next meeting.) @ Closed Session for the Purpose of Discussing a Property Acquisition Matter Addition: @ Request for a Letter to be Written to Iredell County’s Congressional delegation seeking Legislation Allowing Rescue Squads the Opportunity to Apply for Low-Interest Loans Similar to what is Already Offered to Volunteer Fire Departments VOTING: Ayes — 5; Nays — 0. PUBLIC HEARING Chairman Johnson declared the meeting to be in a public hearing. Proposed Amendment to the Iredell County Subdivision Ordinance; Section 404.4 (Amount of Common Open Space to be Provided) & Section 110 (Open Space Definition): Planning Supervisor Smith said several months ago, he was asked to review the open space requirements in the subdivision ordinance. Smith said the request had been made due to concerns that unmaintained, blighted, open areas in the county might start occurring. He said another concern pertained to the minimum lot threshold. Smith said the current ordinance stipulated that if 11 lots or more were subdivided, open space, or fees-in-lieu of, had to be provided. He said open space maintenance would typically occur through a homeowner association. Smith said the planning board, after hearing recommendations from a subcommittee, approved the following ordinance amendments in an 8-1 vote in November. l. The open space requirement would not pertain to any subdivision with 30 or less lots and average lot sizes of more than 1 acre. (The previous ordinance applied to all subdivisions with over 10 lots. This would apply to far fewer developments and would take into consideration those subdivisions with relatively large lots.) z The amount of required open space would be based on the number of developable lots in the subdivision much like the requirement before the existing regulations. (The previous ordinance required that 15% of the overall site be dedicated.) a Fees-in-lieu may be paid up to nine months after the recordation of the final subdivision plat. The subdivider would have to either submit a performance bond or an irrevocable letter of credit, both of which are spelled out in more detail in Section 309.2 of the Subdivision Ordinance. (The original ordinance required that any fees-in- lieu would be collected prior to recordation of the final plat. This would allow for a certain degree of cash flow to come into play instead of requiring another up front cost to the developer before the subdivision was even off the ground.) 4. The definition for open space was revised to allow for improved or unimproved open space. (The definition in the original ordinance stated that open space was in an unaltered state.) Chairman Johnson said he understood $11,000 had been generated in fees during the past year, and the money had not been obligated towards any projects. Smith said this was correct. Commissioner Williams asked if the land that was set aside had been developed. Smith said most of the areas were in an “unimproved state.” He said, however, one site had some playground equipment. Smith estimated that 90% of the open space was “unimproved.” Williams asked who paid the taxes on the lots. Smith said it varied, but most of the land was still in the property developer’s name. Michael Johnson, a resident of 323 Walnut Street, in Statesville, said he was in the real estate business, and he desired to speak about open space and the homeowner associations. Johnson said he was currently involved in four homeowner associations, and that in North Carolina, these were basically nonprofit organizations regulated by the North Carolina Homeowners Act. Mr. Johnson explained the costs involved with the nN associations and the “rigorous” regulations that had to be met. He said open spaces could become nuisances, especially if the homeowners’ association defaulted and the county became liable for the maintenance. Mr. Johnson said there appeared to be “great risks for the county on such small returns.” In addition, he said anytime there was a “hienable right” in a subdivision, that any federally-insured lenders had to be involved, and this was a lengthy process. He said that if it was the county’s goal was to improve recreational areas, then some other type of fee structure needed to be used. Chairman Johnson adjourned the public hearing. MOTION by Commissioner Madison to eliminate Section 404.4 (Amount of Common Open Space to be Provided), in its entirety, from the Iredell County Subdivision Ordinance. Chairman Johnson said the original intent of the open space requirement was to address recreational needs. Mr. Johnson said he could vote for the motion as long as there was a “gentlemen’s agreement” that at the winter planning session in February, the board would discuss recreation. Commissioner Williams said he thought the open space requirement verged on being an impact fee. Williams said he had envisioned the requirement as being a tool to create some county green spaces. He said there would definitely be recreational needs in the future, and he had concerns that the various sectors, for example, north Iredell and the rural areas, would have to pay for them. Mr. Williams said he thought it would be fairer for the people who used the areas to pay for them. Mr. Williams said he also desired for recreation to be a topic to be addressed at the winter planning session. VOTING: Ayes — 5; Nays — 0. CONSENT AGENDA IMOTION | by Chairman Johnson to approve the following five (5) consent agenda items. VOTING: Ayes — 5; Nays — 0. I. Request from the Sheriff's Department for the Establishment of an Additional Bailiffs Position: At the briefing, Chief Deputy Dowdle said that his department had sufficient lapsed salary funds to pay the expenses for a new bailiff position through the remainder of this fiscal year. He said the position would be needed at the government center in Mooresville. (An e-mail from the finance director estimated the position (Grade 63) would cost $18,600 for six months, and this amount included salary/uniforms/pager/radio/weapon.) 2. Request for the Annual Approval of the Public Officials’ Bonds: In accordance with G.S. 58-72-20 and GS. 58-72-55, the following bonds were examined and approved by the board members. The bonds are with Marsh USA and extend through July of 2004. Position Bond Amount Finance Officer $100,000 Tax Collector 50,000 Deputy Tax Collectors (2) 50,000 each Register of Deeds 10,000 Sheriff (separate bond) 10,000 3 Request for Discussion/Approval of the FY 2004-05 Budget Calendar: The following dates were approved for the FY 04-05 budget. | January 8, 2004 Budget information distributed to Department ia Heads and mailed to outside agencies. February 20, 2004 Budget requests and revenue estimates due to Pca Re Finance Director. Outside agency requests due. March 8, 2004 Social Services & Health Dept. budgets due in i Finance. he April 1-April 15, 2004 County manager and finance director conduct budget discussions with department heads & elected officials. April 5, 2004 County Assessor submits valuation estimates to the Eas ee as, County mgr. & finance director. ] April 5, 2004 School Boards & Mitchell College submit requests by this date. April 8, 2004 Due date for Fire Tax Board's VFD recommendations. Voted Fire Districts budget requests due. April 8, 2004 Finance Director submits final revenue estimates to County Manager. May 18, 2004 Co. mgr. submits budget to the board and files a copy with the clerk to be made available for public inspection. Clerk makes copies available to the news media and publishes a legal notice regarding the submission to the board and gives notice of the date of the public hearing. May 20, 25, 27, 2004 Budget work sessions 5:30 - 9:00 pm June 1, 2004 Public Hearing _ 2 June 3, 8, 10, 2004 Budget work sessions (if needed) June 15, 2004 Budget Adoption 4. Request for Approval of the November 18, 2003 Minutes a Request for a Letter to be Written to Iredell County’s Congressional Delegation seeking Legislation that would offer Rescue Squads the Opportunity to Apply for Low-Interest Loans Similar to what is Already Offered to the Volunteer Fire Departments: A letter will be written to the county’s congregational delegation seeking the passage of legislation that would offer rescue squads the same opportunity to obtain low-interest loans as is already offered to volunteer fire departments. END OF CONSENT AGENDA ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Board of Equalization & Review for 2004 (6 announcements) APPOINTMENTS TO BOARDS & COMMISSIONS Personnel Advisory Board (1 appointment): No nominations were submitted, and Commissioner Madison motioned) to postpone this appointment until the December 16 meeting. VOTING: Ayes — 5; Nays — 9. Adult Care Home Community Advisory Committee (2 appointments): No nominations were submitted, and Commissioner Madison motioned| to postpone these two appointments until the December 16 meeting. VOTING: Ayes — 5; Nays — 0. Recreation Advisory Committee (1 appointment): Commissioner Madison nominated Mark Rawls. Chairman Johnson motioned to close the nominations and to appoint Rawls by acclamation. VOTING: Ayes — 5; Nays — 0. Local Emergency Planning Committee (13 appointments): Commissioner Tice nominated Michael Morrical (Davis Regional Medical Center), Rich Ellis (Lake Norman Regional Medical Center), and Danny Rose (Southern States Cooperative). Commissioner Madison nominated Mike Bennett (Thorlo Mfg.), Mark Shepherd (Thorlo Mfg.), and Randy Winston (Kewaunee Scientific Corporation). Commissioner Williams nominated Eric Henderson (Troutman Police Department), Tony Johnson (Statesville Police Department), and John Crone (Mooresville Police Department). Chairman Johnson nominated Mauro Messina (Emergency Management), Steve Lane (Iredell-Statesville Schools), Roger Hyatt (Mooresville Graded School System), and June Gaither (Believer’s Faith Christian Academy). Commissioner Madison to close the nominations and to appoint Morrical, Ellis, Rose, Bennett, Shepherd, Winston, Henderson, Johnson, Crone, Messina, Lane, Hyatt, and Gaither. VOTING: Ayes — 5; Nays — 0. CLOSED SESSION: MOTION by Chairman Johnson at 7:35 p.m., to enter into closed session for the purpose of discussing an attorney-client matter pursuant to G.S. 143-318.11 (a) 3 and a personnel matter pursuant to G.S. 143-318.11 (a) 6. VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 7:57 P.M.) APPROVAL TO SEEK THE AID OF A BANKRUPTCY ATTORNEY IN DEALING WITH A CORPORATION’S ATTEMPT TO OBTAIN REDUCED TAX VALUATIONS: IMOTION by Chairman Johnson to allow the county manager to sign a letter of agreement with Attorney Robert E. Price, Jr., who has agreed to represent counties in North Carolina at an hourly rate of $125 (pro rata with the other counties signing the letter of agreement), and with a cap of all fees being paid by Iredell County at $2,500.00, in the matter of a local corporation seeking to gain reduced tax valuations. VOTING: Ayes ~ 5; Nays — 0. (Note: Mr. Price is the Forsyth County Attorney, and he specializes in bankruptcy law. He is familiar with this matter and has agreed to represent all affected North Carolina counties.) ADJOURNMENT: by Chairman Johnson to adjourn the meeting at 7:59 p.m. (NEXT MEETING: Tuesday, December 16, 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. / Inna ’ 1 . f Approved: _ AU, denthiry I, ACCS i ean ¢ N77 IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES FOR THE ARCHITECTURAL PRESENTATION PERTAINING TO THE NEW SOCIAL SERVICES BUILDING & BRIEFING SESSION FOR DECEMBER 16, 2003 The Iredell County Board of Commissioners met for a Special Meeting on Tuesday, December 16, 2003, at 4:30 p.m., in the Iredell County Government Center (South Wing Conference Room), 200 South Center Street, Statesville, NC for a presentation concerning the new social services building. Immediately following the presentation, the December 16 agenda briefing was held. Present were: Chairman Steve D. Johnson Vice Chairman Godfrey Williams Doug Madison Sara Haire Tice Absent: Commissioner Marvin Norman was absent due to illness. Staff present were: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Social Services Director Don Wall, Social Work Program Administrator Lisa York, Income Maintenance Administrator Lynn Deal, Support Services Director Jim Vernon, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. PRESENTATION FROM THE MBAJ ARCHITECTURAL FIRM REGARDING | INITIAL PLANS FOR THE NEW SOCIAL SERVICES BUILDING: Joining the commissioners for this segment of the meeting were Social Services Board Members Mac Lackey (Chairman) and William Jones. Also attending the meeting were MBAJ architects Rob Johnson and Grace Wallace. Architect Johnson shared initial drawings of the two-story 59,500 sq. ft. new social services building. He said no cost estimates were available, but they would be shared at the next presentation -- probably in February. He continued by saying the project would probably go out for bids next summer, and there was a projected occupancy date of 14 months, or the summer of 2005. He said an added project component being reviewed was the construction of a conference room to be used by the Emergency Communications Operations & Management (ECOM) Department, and by social services for food distribution activities. County Manager Mashburn said at times, the ECOM Water Street conference room was too small. He said many agencies had to participate when there were emergency preparedness meetings, as well as other events, and the county could use a larger all-purpose area. Wallace said the first floor of the building would include the Medicaid, IV-D, and Food Stamp programs, and the second floor would house the Work First, Day Care, and the administrative offices. Chairman Johnson stressed the importance of staying within the budget ($6,470,600) for the facility. orer? 5:00 P.M. Briefing Session Staff present were: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Purchasing Agent Evie Caldwell, Planning Supervisor Ron Smith, County Assessor Bill Doolittle, Recycling Coordinator Carla Parks, Enforcement Captain Mike Phillips with the Sheriff's Office, and Clerk to the Board Jean Moore. After the architectural presentation, the department heads explained their agenda requests. A recap of these discussions may be found in the regular minutes. Adjournment; Chairman Johnson adjourned the briefing session at 6:00 p.m. Approved: daca ¢ Ato A lanl. Dy (TH CLIC. . / Clerk to tha Board ie IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES DECEMBER 16, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, December 16, 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 Sara Haire Tice Absent: Commissioner Marvin Norman was absent due to illness. Staff present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, and Clerk to the Board Jean Moore. Absent: County Attorney Bill Pope was absent due to another commitment. 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 revise the agenda by the following adjustment. Addition: Request for Approval of a Letter of Endorsement for Third Creek Elementary School’s US EPA Environmental Educational Grant VOTING: Ayes — 4; Nays — 0. PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Presentation of a Plaque to Health Department Retiree Faye Brincefield: Mrs. Brincefield retired on December 1, 2003, after 20 years of county service. Health Director Ray Rabe praised Mrs. Brincefield’s work performance. He said Brincefield was one of the most professional and caring employees that he had ever observed in his 30 years of employment in the health-care field. Chairman Johnson presented Brincefield with an appreciation plaque and expressed thanks for her years of service. Presentation of a Plaque to EMS Department Retiree Donnie Perry: Mr. Perry retired on November 28, 2003, after 30 years of service. EMS Director Lee Darnell said Mr. Perry was a “pioneer” in the EMS profession, as well as a leader in the community, and his services would be greatly missed. Chairman Johnson presented Perry with an appreciation plaque and expressed thanks for his years of service. APPOINTMENTS BEFORE THE BOARD R.B. Bryan, the Clinical Manager for Counseling Insights, Inc., Speaks in Reference to the Distribution of Alcoholism Funds (ABC Bottle Tax) and the Need in Iredell County for the Establishment of a Spanish Speaking Counselor Position for the Purpose of Providing Treatment, Counseling, and Education in the Latino Community Concerning North Carolina Alcohol and Traffic Laws: Mr. Bryan said G.S. 18B-804(b)(6) stipulated that a charge of one cent on each bottle containing 50 milliliters or less, and five cents on each container with more than 50 milliliters would be collected on all alcoholic beverages. He said G.S. 18B-805(b)(4) stated that each month the local ABC Board would pay to the commissioners the bottle proceeds, and they were to be used for the treatment of alcoholism and substance abuse, or for research and education. Bryan said he understood that in the past, the proceeds had been distributed to Crossroads Behavioral Healthcare. He said that under the new mental health laws, Crossroads would not be providing services. Mr. Bryan said he was employed with Counseling Insights, Inc., a nonprofit 501(c)(3) entity, and that Crossroads contracted with the agency for alcohol and substance abuse services. Bryan said the Latino population continued to grow in Iredell County, and there was a need for a Spanish-speaking counselor who could offer alcoholism and substance abuse services. He requested that the board utilize all, or a part of, the ABC revenues for the establishment of this type of position. Commissioner Williams asked if the request had been proposed to Crossroads. Bryan said no, due to the new mental health laws and Crossroads becoming a management entity instead of a service provider. Mr. Bryan said counties were not limited to distributing their ABC funds to mental health agencies. He said a halfway house in Caldwell County was funded by ABC taxes. Chairman Johnson asked how much money was generated in Iredell County from the bottle tax on an annual basis. Finance Director Blumenstein said $25,000 a year had been budgeted for the past several years. Chairman Johnson mentioned the difficulties that might start occurring if the county entered into contracts with Crossroads’ contractors. He said it would be difficult for the county staff to administer and monitor the contracts. Mr. Johnson asked Commissioner Williams if the mental health board had discussed the bottle tax distributions in conjunction with the new mental health law. Commissioner Williams said the board had not, and Crossroads should probably share some information on how the bottle tax was being disbursed. Mr. Williams agreed that any contractors needed to be monitored by someone, and it would be difficult for the county staff to assume the responsibility. Chairman Johnson said $25,000 would not cover the full salary costs of a qualified substance abuse person. He also said he didn’t think it was equitable to spend all of the money on one targeted population. Mr. Johnson said he thought adequate accommodations had already been made since the drivers’ manuals were written in Spanish and so were the tests. He said anyone with a valid North Carolina license should have a fundamental understanding that it was against the law to drink and drive. by Chairman Johnson to approve the following eleven (11) consent agenda items. VOTING: Ayes — 4; Nays — 0. 1. Request from the Iredell-Statesville School System for Approval of a Capital Outlay Amendment for Celeste Elementary and East Elementary Fire Systems: At the briefing session, Finance Director Blumenstein said a capital outlay budget revision was needed by the Iredell-Statesville System for the purchase of fire systems that were to be installed at Celeste and East Elementary Schools. She said the school system had originally budgeted the costs ($54,000) in renovations, but they should have been reflected in the equipment line item. 2. Request for Approval of the November 2003 Refunds and Releases: County Assessor Bill Doolittle, during the briefing session, requested approval of the following releases and refunds. NOVEMBER 2003 TAX RELEASES & REFUNDS Releases Refunds County 38,784.01 1,207.04 Solid Waste Fees 572.00 52.22 East Alexander Co. Fire #1 Tot 0 Shepherd’s Fire # 2 290.62 1,320.32 Mount Mourne Fire # 3 31.80 20.89 All County Fire # 4 1,576.90 2,033.24 Statesville City 7,337.85 587.66 Statesville Downtown 47.27 0 Mooresville Town 13,160.28 200.26 Mooresville Downtown 84.95 0 Mooresville School 1,711.65 278.95 Love Valley 0 0 Harmony 7.40 0 Troutman 321.95 0 Total $ 63,934.25 $5,700.58 A complete tax refund and release listing is hereby incorporated into the minutes by reference. » Request for Permission to Apply for a 2004 Community Waste Reduction & Recycling Grant for $25,000: Recycling Coordinator Carla Parks requested permission to apply for a grant that would assist in placing recycling bins, storage carts, educational materials, and incentive contest flyers in the Iredell-Statesville Schools located within the Statesville city limits, in local offices, two private schools, and at Mitchell Community College. She said the funds would also purchase brochures encouraging participation in the Statesville curbside program, and buy additional trailers for an aluminum can waste reduction and recycling effort. Mrs. Parks said this particular grant would be viewed more favorably if it included participation from other government entities or groups, and for this reason, the 10% match for the $25,000 grant would be obtained from the college, the Iredell-Statesv 'le Schools, and the City of Statesville at $500 each. Parks said the county would provide the remaining $1,000. 4. Request for Approval to Apply for a $10,000 Computer/Electronics Recycling Grant from Dell Computers: Mrs. Parks requested permission to apply for a $10,000 grant that would enable the county to recycle computer monitors, copiers, and televisions at the Annual Electronics Recycling Day at no cost to the public. She said previously, a $5 charge was applied to some items to be recycled, and $50 on others, due to the CRT hazardous materials they contained. Parks said the charges discouraged people from recycling, and the grant funds would be used to pay the recycling fees along with the costs for advertising and handouts. She said a local match was not needed for the grant. 5. Request from the Sheriff's Department for Permission to Join Other Law Enforcement Agencies in Submitting a Collaborative Grant Request to the Governor’s Crime Commission for the Purpose of Seeking Funds to Obtain “Data Sharing Technology” (Matching funds to be Obtained from Seized Funds with $6,622.50 being needed for Year 1 and $1,997.50 for Year 2): Captain Mike Phillips with the Sheriff's Department requested permission, at the briefing session, to apply for a P2P (Police to Police Data Sharing Technology) grant from the Governor’s Crime Commission (GCC). He said over 50 North Carolina law enforcement offices were utilizing the technology to help solve crimes and obtain information. Phillips said the GCC would provide 75% of the cost for two years, and the other public safety agencies would be required to pay the remaining 25%. 6. Request from Bonanza Development for the Release of Zoning/Subdivision Jurisdiction (ETJ) to the Town of Mooresville on 1.1 Acres of Property: During the agenda briefing, Planning Supervisor Smith said Bonanza Development had requested the release of zoning and subdivision jurisdiction to Mooresville for property located at 918 Brawley School Road, in Mooresville, NC. He said the tract was adjacent to the Mooresville town limits, it was within the urban services boundary, and it had been approved for a utility extension and annexation by the Town for 2004. Smith continued by saying the property was currently zoned Residential Agricultural, and it was designated for transitional usage in the Brawley School Peninsula Small Area Plan. He said the staff recommended approval. 7. Request for Approval to Enter into a 60-Month Contract with BellSouth (Voice/Data Lines): At the 5 p.m. meeting, Purchasing Agent Caldwell asked for permission to renew the county’s voice and data phone line contract with BellSouth. Caldwell said she had worked with BellSouth’s representative to combine as many services as possible to achieve volume discounts and to reduce the overall costs. She said a $24,325 annual savings had been achieved, and the contract was now below the NC State Contract. Caldwell said the county’s affiliation with BellSouth dated back to 1986, and the county had never been without service, even during and after Hurricane Hugo. She said the new contract extended for 60 months, but if the county became dissatisfied with any components, adjustments could be made. 8. Request for Approval of a School Capital Project Ordinance in Conjunction with the Series 2003 Certificates of Participation (COPs): Finance Director Blumenstein, at the briefing, said a project ordinance had been drafted to account for the proceeds originating out of the Series 2003 Certificates of Participation. She said that after the bond closing, the funds would be available for the school systems. The ordinance is as follows: Iredell County, North C arolina Project Ordinance Certificates of Participation, Series 2003, School Projects December 16, 2003 Be it Ordained by the Board of County C ommissioners of Iredell County, North Carolina: Section 1. Funding for the projects shall be provided by the following sources: Par Amount of the Series 2003 Bonds $37,055,000 Add: Accrued Interest 11,905 Bond Premium 970,443 Deduct: Original Issue Discount (173,008) Total Sources of Funds $37,864,340 Section 2. Capital Outlay will be financed for the [redell-Statesville Schools, Mitchell Community College, and the Mooresville Graded School District as follows: Projects Iredell-Statesville Schools — Harmony Elementary School 7,051,200 Scotts Elementary 6,528,000 Woodland Heights 10,420,800 Mitchell Community C ollege-Workforce Dev. Bldg. 1,000,000 Mooresville Graded Schools-Mooresville Intermediate School 12,222,610 $37,222,610 Issuance Costs for the Series 2003 Certificates of Participation Underwriter’s Discount 175,750 Bond Insurance Premium 284,285 Legal, ratings agencies, printing, other 11,905 Deposit to Interest Payment Account ae 641,730 Total Uses of Funds $37,864,340 Section 3. This Capital Project Fund shall continue until the projects are complete. Section 4. Payments from this Capital Project Fund shall be authorized by a representative of each school administrative unit and copied to the Iredell Co. Director of Finance & Adm. Section 5. Upon completion of the construction project, all funds remaining in this Capital Project Fund will be disbursed in accordance with the Trust Agreement by and between Iredell County Public Facilities Corporation and First Citizens Bank Corporate Trust. xe eK S 9. Request for Approval of an Amendment to the West Farm Water/Sewer Community Development Block Grant Capital Project Ordinance: Finance Director Blumenstein said a project ordinance was adopted at a previous meeting, but since that time, it had been learned that the Committee of 100 had contracted grant administration fees directly with Paula Bass, a consultant, in the amount of $24,000. Blumenstein said the $24,000 was considered a part of the $100,000 loan from the Committee of 100 to the West family, and the ordinance needed to be amended to reflect the difference. A copy of the ordinance is as follows: Iredell County, North Carolina Amended Capital Project Ordinance 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 Greater Statesville Dev. Corp. 50,000 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 the Committee of 100 150,000 USDA Rural Economic Development Loan - to be repaid by Energy United Electric 240.000 West Family Commitment 276,000 (reduced by $24,000) Contingency Commitment from Project Participants 42.310 $1,098,310 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 - (reduced by $24,000) Construction of Water Storage Tank 961,000 Construction Contingency 50,000 $1,098,310 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. 5 10. Request for Approval of a Letter of Endorsement Pertaining to Third Creek Elementary School’s US EPA Environmental Education Grant: Commissioner Williams advised during the briefing session that Third Creek Elementary School had asked for a letter of endorsement pertaining to its water quality educational program grant request. He said no commitment from the county was needed, other than assistance from the planning and inspections staff in sharing information about the local building and development guidelines relating to water quality standards. 11. Request for Approval of the December 2, 2003 Minutes END OF CONSENT AGENDA-------------------------"--- APPOINTMENTS TO BOARDS & COMMISSIONS Personnel Advisory Board (1 appointment): No nominations were submitted, and Commissioner Madison to postpone the appointment until the January 6 meeting. VOTING: Ayes — 4; Nays — 0. Adult Care Home Community Advisory Committee (2 a ointments): No nominations were submitted, and Commissioner Madison [motioned to postpone the appointments until the January 6 meeting. VOTING: Ayes — 4; Nays — 0. Board of Equalization & Review for 2004 (6 appointments): Commissioner Williams nominated Dan Schmidt, John Douglas, Anita Johnson, L.W. Lambert, and Wayne Robertson. by Commissioner Madison to close the nominations and to appoint Schmidt, Douglas, Johnson, Lambert, and Robertson by acclamation. VOTING: Ayes — 4; Nays — 0. Appointment of the Board of Equalization & Review Chairman: Commissioner Williams nominated Dan Schmidt for the position of Chairman for the Board of Equalization and Review. by Commissioner Madison to close the nominations and to appoint Dan Schmidt as the Chairman for the Board of Equalization and Review. VOTING: Ayes — 4; Nays — 0. Appointment of the Board of Equalization and Review Vice Chairman: Commissioner Williams nominated John Douglas for the position of Vice Chairman for the Board of Equalization and Review. by Commissioner Madison to close the nominations and to appoint John Douglas as the Vice Chairman for the Board of Equalization and Review. VOTING: Ayes — 4; Nays — 0. Note: The appointment of an E & R Board alternate member will be postponed until the January 6, 2004 meeting. NEW BUSINESS: Commissioner Tice said a member of the planning board had asked if the commissioners would consider a joint meeting in the future. She said the purpose of the meeting would be to insure that everyone had a clear understanding of the county’s goals and objectives pertaining to planning and growth. Mrs. Tice said an opportune time to meet with the planning board would be at the winter retreat. Chairman Johnson asked the cierk to contact the planning board chairman and arrange a time for the two groups to meet at the February winter planning session. COUNTY MANAGER’S REPORT: The county manager reminded the board members about the Annual Christmas Luncheon to be held on Friday, December 19, 2003 from 11:30 a.m. - 1:30 p.m., at the Statesville Civic Center. CLOSED SESSION: by Chairman Johnson at 7:30 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 — 4; Nays — 0. (RETURN TO OPEN SESSION AT 8:39 P.M.) ADJOURNMENT: by Chairman Johnson at 8:40 p.m., to adjourn the meeting. (NEXT MEETING: Tuesday, January 6, 2004, at 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. A d: KG: 6, 300 ia C Oyen Cw supe a - 7 . ed Clerk to aos , IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES JANUARY _6, 2004 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, January 6, 2004, 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, EMS Director Lee Darnell, and Clerk to the Board Jean Moore. Call to Order by Chairman Johnson. Request for Approval of Budget Amendment #21 for the Broadcasting of Future Board Meetings: County Manager Mashburn said he had researched the costs involved in broadcasting the commissioners’ meetings. He estimated the necessary equipment, along with the camera operator’s expenses, would be approximately $12,000 for the remainder of this fiscal year. He said subsequent years would run $3,000 to $4,000 annually, or $75 to $125 per meeting. Mashburn recommended that a budget amendment be approved for the purpose of transferring $12,000 from contingency to the General Governmental fund for the expenses. He said the City of Statesville had agreed to allow the broadcasts to be aired on its channel. Mashburn said the meetings would be “live” in the Statesville area, but they would have to be recorded and shown at another time in Mooresville. Commissioner Williams asked if other meetings could be videoed. Mashburn said most any meeting held in the government center could be videoed. He said, however, the City of Statesville would have to be contacted if a broadcast was to be aired on its station. Commissioner Norman said he assumed that if additional meetings were videoed the costs would increase. Mashburn said this was correct. Commissioner Williams mentioned the possibility of pursuing broadcast sponsors. He also mentioned the possibility of the commissioners meeting at different locations in the county, for example Harmony, NC, since a meeting was already scheduled in Mooresville after the Government Center-South Open House. Williams asked if this type of meeting could be videoed. Mashburn said the camera operator could probably use a camcorder, but most of the equipment would remain at the county government center in Statesville. ADJOURNMENT: Chairman Johnson adjourned the briefing at 5:35 p.m. A f Vi. ” c A (Te CAC Approved: Ugywuary 46, A¢ Cy , ‘ / /] Clerk to the Board f/f a v IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES JANUARY _6, 2004 The Iredell County Board of Commissioners met in Regular Session on Tuesday, January 6, 2004, 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, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. INVOCATION by Commissioner Norman. PLEDGE OF ALLEGIANCE TO THE FLAG ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Johnson to adjust the agenda by the following actions: Deletions: ¢ Appointment Before the Board - Rebecca Yarbrough, with Centralina Council of Governments, in Reference to Regional Transportation Modeling (In accordance with a request from Yarbrough, this matter will discussed at the January 20 meeting.) @Request from Mitchell Community College for the Donation of Two Surplus Law Enforcement Vehicles (Due to not having any surplus vehicles at the present, this matter will be discussed at a future meeting.) VOTING: Ayes — 5; Nays — 0. PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Recognition of Retiree Wendell Phillips: Mr. Phillips retired on December 31, 2003, after 28 years of employment with the EMS Department. Lee Darnell, the EMS Director, said Mr. Phillips was a “genuine and dedicated employee.” Chairman Johnson mentioned that Mr. Phillips was a pioneer in the county’s EMS Department and a symbol of admiration. Johnson presented an appreciation plaque to Mr. Phillips and thanked him for his many years of service. APPOINTMENTS BEFORE THE BOARD The “MLK Partners” Organization Requests the Adoption of a Proclamation Declaring January 15-22, 2004, as “Diversity Making A Difference in Honor of Dr. Martin Luther King, Jr., Week”: Chairman Johnson welcomed representatives from the Children’s Museum, the Statesville Chamber of Commerce, Habitat for Humanity, IMPACT, Inc., Mitchell Community College, Mt. Pleasant A.M.E. Zion Church, STAR (Standing Together Against Racism), the NAACP, and the YMCA to the meeting. Mr. Johnson thanked the representatives for their community involvement and then lmotioned| to approve the following proclamation in recognition of Dr. Martin Luther King, Jr. VOTING: Ayes — 5; Nays — 0. Proclamation Declaring January 15-22, 2004 as Diversity Making A Difference In Honor of Dr. Martin Luther King, Jr. Week WHEREAS, the Children’s Museum of Iredell County, the Greater Statesville Chamber of Commerce, Habitat for Humanity of Iredell County, IMPACT, Inc., Mitchell Community College, Mt. Pleasant A.M.E. Zion C hurch, STAR (Standing Together Against Racism), Statesville Branch NAACP & the YMCA of Iredell County, collectively known as the MLK Partners, have joined together to provide community activities over eight days, so that residents of Iredell County can join in fellowship in the spirit of unity; and WHEREAS, the community activities will include programs celebrating and commemorating the life and legacy of Dr. Martin Luther King, Jr., a Health Fair, Cultural Fair, a Community Worship Service, a Community Prayer Breakfast with The Honorable Elizabeth Dole, United States Senate, as featured speaker, a Habitat for Humanity House Build Day and the presentation of the play “Harriet Tubman and the Underground Railroad”; and WHEREAS, the inspiration for the eight-day series of events, designed to reach out and make a difference in the lives of the residents of Iredell County, came from the teachings of Dr. Martin Luther King, Jr. NOW THEREFORE, the Iredell County Board of Commissioners proclaims the week of January 15-22, 2004, as Diversity Making A Difference In Honor of Dr. Martin Luther, King, Jr. Week. keke PUBLIC HEARING Chairman Johnson declared the meeting to be in a public hearing and invited all audience members desiring to speak in reference to Rezoning Case No. 0311-1 and its conditional uses to come forward and be sworn in. Case No. 0311-1: The North Carolina Services Corporation Requests an Amendment to the Iredell County Land Use Plan & to Rezone a Portion of Property from R-20, Single Family Residential to General Business Conditional Use Zoning District (Location: 145 Auction Lane, Statesville, NC): Planning Supervisor Ron Smith said the Statesville Auto Auction (North Carolina Services Corporation) had requested to rezone 10.4922 acres of an 11.669 acre tract (PIN#4746- 95-2688) from R-20 to GB-CUD. He said the existing land use was vacant, and the surrounding uses were residential, commercial and vacant. Smith said a parcel to the north of the current rezoning request was rezoned in 2000 from RA to HB-CUD, and the land use plan was amended to include the area as commercial. Later, in March of 2001, he said the owners rezoned the same parcel to GB-CUD with several conditions. Smith said the auction company had received written endorsements for the current request from most of the adjacent landowners, and the staff recommended approval of the rezoning and the land use plan amendment. Smith said it was anticipated that the portion of property not included in the request would be sold, and this would eliminate the possibility of the auto auction using Carl Austin Road for egress and ingress. He said that on November 12, 2003, the planning board recommended approval of both the land use plan amendment and the rezoning with the following conditions: * Permitted uses: Paved automobile parking lots and facilities for permitted use in the district Automobile parking (commercial) Automobile storage Structures & uses clearly incidental to a permitted use Utility equipment and storage yards * An8 foot high opaque fence shall be required around the perimeter of the portion of the parcel to be rezoned * 10-foot berm with 10 foot Leland Cypress trees on the berm behind the fence along the zoning line adjacent to the remainder of the parcel (due to topography) * No Statesville Auto Auction (its successors and assigns) vehicles under control of the auto auction shall be permitted to use Carl Austin Road to access the property * Loading and unloading allowed only between 7 a.m. and 10 a.m. « In addition, the applicant agrees to complete the following improvements, although they will not be specifically tied to the conditional use permit: - Installation of a wooden fence on the outside of the opaque fence adjacent to Steve Henderson’s property (PIN# 4746-95-8702) - Planting of approximately 65 Leland Cypress Trees on the property of Mr. Craig Thompson (PIN 4746-95-4291). The tree line would run on an angle through the property roughly two hundred and thirty feet to a point and then would continue an additional ninety feet on Mr. Thompson’s property adjacent to the Auto Auction. - Planting of larger Leland Cypress trees (approximately twenty) in areas where there are none on the outside of the opaque fence adjacent to Mr. Charles Holland’s property (PIN 4746-95-7651) Commissioner Williams asked about the lighting restrictions. Smith said the current ordinance had a “broad view as far as how lighting was dealt with.” He said essentially the glare from the auto auction could not adversely affect adjacent property owners -- the direction of the lighting had to be away from residential properties. Smith said there were more stringent regulations in the RPOs (Roadway Protection Overlays), but generally, these pertained to smaller tracts. Ken Phillips, the General Manager for the Statesville Auto Auction, said his company had existed in the county since 1976. He said the auto auction desired to be a good corporate citizen, and it wanted to adhere to all the zoning rules and regulations. He said the auction also wanted to be a good neighbor to the adjacent property owners. No one else desired to speak, and Chairman Johnson adjourned the hearing. MOTION) by Commissioner Norman, after reviewing the findings of fact and determining them to be in order, to (1) amend the Land Use Plan in conjunction with the rezoning request of Case No. 0311-1/North Carolina Services Corporation (Statesville Auto Auction) and (2) to rezone the property from R-20, Single Family Residential to General Business Conditional Use Zoning District with the conditions/permitted uses as outlined by the plauning supervisor. VOTING: Ayes — 5; Nays — 0. CONSENT AGENDA by Chairman Johnson to approve the following three (3) consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. Request for Approval of Budget Amendment #18 for $4,000 to Recognize a Grant from the Governor’s Crime Commission/Scholastic Crime Stoppers 2003 Development Fund & Budget Amendment #19 for $980 to Appropriate Fund Balance Reserved for the DARE Program (Camp Supplies): During the briefing, Finance Director Blumenstein said Budget Amendment #18 involved a $4,000 grant that had been received from the Scholastic Crime Stoppers Program, and the funds were to be used for promotional items and programs. She said the crime stoppers program had been designed to help solve and reduce crimes in-and-around school sites. In regards to Budget Amendment #19, Blumenstein said previously private contributions funded the DARE program, but now; however, the program was 3 functioning under a non-profit entity called “DARE Cares.” Blumenstein said $980 remained in the fund balance for the DARE program, and the sheriff's department had recommended that it be used to purchase camp supplies for the annual DARE Camp that was operated by the county’s recreational staff. 2. Request for Approval of Budget Amendment #20 to Recognize $29,740 in Health Resources & Services Administration Grant Funds: EMS Director Lee Darnell said at the briefing session that in October, he had requested permission to apply for a North Carolina Office of EMS Health Resources and Administration grant. He said the grant had been awarded in the amount of $29,740.00, and he desired to spend the funds on the following: Miscellaneous supplies $8,820 PDAs (personal digital assistants or hand-held computers/palm pilots) 315 PDA cases $9,135 Contracted services $9,216 High Speed Internet Access for outlying bases Supplies/Food/Provisions $ 400 Haz Mat Training $ 400 ICS 100 & 200 Training (Incident Command System Training) $ 348 ICS 300 & 400 Training $1,148 Supplies/Medical & Drugs $10,241 PAPR Respirators (Powered Air Purifying Respirators) 3. Request for Approval of the December 16, 2003 Minutes END OF CONSENT AGENDA------------------------ _ Request from the City of Statesville for an Addendum to the Inter-Local Agreement dated October 7, 2003 Regarding Statesville Municipal Airport Improvements: On October 7, 2003, the City of Statesville and Iredell County entered into an agreement for the purpose of expanding and improving the Statesville Airport. The agreement had the following stipulations: 1. The City shall attempt to finance approximately $5, 000,000 to be applied to the project. Ps The City shall be responsible for paying the debt service on the amount financed for the project. 5. On or about July 1, 2005, the county shall reimburse the city fifty percent of all payments paid by the city as of that date to service the debt of the amount financed for the project; and thereafter, the county shall reimburse the city for fifty percent of all debt service payments made by the city on the funds borrowed for the project until the debt is paid in full. The county's reimbursement to the city shall be within thirty days of receiving a statement from the city that debt service payment has been made. 4. On or about July 1, 2005, the county shall also reimburse the city for fifty percent of all costs and fees incurred by the city in obtaining financing for the project. a With regards to any grants and reimbursements received by the City for the project from the state or federal grants, after first applying such grants or reimbursements to reimburse the city for the $2,000,000 paid by the city from its general funds for the project, the balance of such grants or reimbursements shall be applied to reduce the balance of the remaining debt incurred by the City to finance the project. 6. Should the City not obtain the financing necessary to complete the Project for whatever reason, then this agreement shall be null and void. 4 At the briefing, Finance Director Blumenstein said an addendum to the agreement had been received, and it contained the following stipulations. 1. Should the city advance from the general fund some or all of the necessary costs to complete the airport expansion and improvement project, then in that event, the County shall: a. Reimburse the city for one-half (1/2 of the city’s loss of investment earnings on the amount advanced based upon the earnings being received by the city on its investments at the time the advance is made; and b. The county shall reimburse the city for one-half (1/2) of the actual funds advanced by the city to the extent that the city is not reimbursed from the proceeds of any loans or grants obtained. 2. The County’s reimbursement to the City pursuant to Paragraph No. 1 above shall be made on a semi-annual basis. 3. The proceeds of any loans or grants received by the city for the airport project shall first be applied to reimbursement to the city for all funds advanced by the city towards this project. 4. Paragraph No. 6 of the parties’ Inter-local Agreement is hereby eliminated. 5. Except as modified the terms of that Inter-local Agreement entered into between the parties dated October 7, 2003, shall remain in effect. ** *#* * At the briefing, Commissioner Madison questioned item 4 in the addendum that eliminated item 6 in the original document. Mr. Madison asked if there was any chance the county might be liable for the debt, if the city chose not to seek the financing and something happened to its fund balance (budget shortfall). Attorney Pope said the contract imposed upon the city the good faith obligation to attempt to obtain the financing. He said, however, the contract did not stipulate that “time was of the essence.” Madison said he understood the city had a substeu:tial fund balance that it could draw upon, but he wanted to insure that the obligation didn’t fall on the county, especially at an inopportune time. Pope said this probably wouldn’t happen. by Commissioner Williams to approve the addendum as presented. VOTING: Ayes — 5; Nays — 0. Request for Approval of Budget Amendment #21 for the Broadcasting of Future Board Meetings: County Manager Mashburn said that for several years, Adelphia Cable televised the commissioners’ meetings, but as a result of the company’s financial circumstances the service had been stopped. He said the City of Statesville officials were willing to permit the county to use their governmental access channel for the broadcasts; however, the Mooresville area was controlled by the Mooresville Graded School District. He said it would be possible to connect to the city’s lines and produce “live” broadcasts of the commissioners’ meetings in Statesville, but due to the distance between here and Mooresville, these broadcasts would have to be recorded. Mashburn said several camera operators had been interviewed, and the county could expect to pay $75 to $125 per meeting, plus the initial purchase of the equipment ($10,000). Mashburn requested a budget amendment for $12,000 to be derived from the contingency fund to pay for the camera operator’s charges through the end of this fiscal year and for the equipment costs. He said thereafter, $3,000 to $4,000 would be needed each year. MOTION by Commissioner Madison to approve Budget Amendment #21 in the amount of $12,000 for the purpose of transferring funds from the Contingency Account to General Governmental for the expenses involved in broadcasting the board meetings (camera operation and the purchase of video recording equipment). VOTING: Ayes — 5; Nays — 9. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Personnel Advisory Board (i appointment): Commissioner Norman nominated Margaret Marks. by Commissioner Madison to close the nominations and to appoint Marks by acclamation. VOTING: Ayes — 5; Nays — 9. Committee : No motioned to postpone the two Adult Care Home Communi Adviso nominations were submitted, and Commissioner Madison appointments until the January 20, 2004 meeting. VOTING: Ayes — 5; Nays — 0. Board of Equalization & Review for 2004 (1 alternate appointment): No nominations were submitted, and Commissioner Williams motioned| to postpone the alternate appointment until the January 20, 2004 meeting. VOTING: Ayes — 5; Nays - 9. UNFINISHED BUSINESS Impact of Internet Sales & Tax Revenues: Chairman Johnson said he continued to read articles about the growth of Internet sales. He mentioned that a large percentage of the county’s revenues relied upon sales taxes, and he had requested the county manager to research the extent of this loss. Johnson said he didn’t think Internet sales taxation was a new tax, but instead, it was an equitable implementation of an existing tax. He said that at some point in the future, he would like for the board to review information regarding the lost revenues. He continued by saying it had been projected that by 2005, there would be a local loss of around $6 million a year. County Manager Mashburn said it probably be $6 to $8 million a year. He said it was his understanding that just from last year, the percentage of Internet sales during this holiday season had increased several percentage points. Chairman Johnson said there was a federal ban on Internet taxation, and Congress would have to approve changes in the law. Mashburn said there was a perception that the county’s wanted to tax the Internet, but this was incorrect. He said the request would be for the companies making the sales to collect the taxes. In addition, he said the State of North Carolina had already taken steps to accommodate changes in the law. Mashburn encouraged the commissioners to talk to the legislators about the needed changes. 6 Commissioner Williams said $6 to $8 million was equivalent to 6 to 8 cents on the ad valorem tax rate. Johnson said it was his understanding that 22% of the people that shopped during this Christmas season purchased something off the Internet, and it was predicted the percentage would increase to 40% next year. Attorney Pope said Internet vendors had an unfair competitive advantage due to consumers not having to pay taxes. Comment from Chairman Johnson Regarding Labor Costs: Mr. Johnson said an article he recently read stated that the National Association of Manufacturers had estimated that federal regulations had increased the cost per hour of labor in this country by $5 an hour. COUNTY MANAGER’S REPORT Economic Development Meeting in Moore County: Mashburn said the County Lines newsletter had an article recently about an upcoming meeting on economic development. He said the meeting was sponsored by the North Carolina Association of County Commissioners, along with the Institute of Government, and it was to be held in Moore County at the Mid-Pines Resort on March 18-19, 2004. Mashburn encouraged the commissioners to attend the meeting, if possible. ADJOURNMENT: Chairman Johnson reminded the board members about the Tuesday, January 20, 2004 Open House for the Iredell County Government Center- South in Mooresville from 4 — 6 p.m., and the board’s mid-monthly meeting to be held on that same day in the facility’s courtroom at 7:00 p.m. He then to adjourn the January 6 meeting at 7:45 p.m. VOTING: Ayes — 5; Nays — 0. /) fi Approved; Ki Nite A, Rwy AY Jan C Vij Pr. a. ¢ / 7 Clerk to the Board / / J Ls IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES JANUARY _20, 2004 The Iredell County Board of Commissioners met in Regular Session on Tuesday, January 20, 2004, at 7:00 p.m., in the Iredell County Government Center- South (Courtroom), located at 610 East Center Avenue, Mooresville, 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, Tax Administrator Bill Doolittle, Health Director Ray Rabe, Health Administrative Officer Bill Griffith, Chief Deputy Rick Dowdle with the Sheriff's Department, Emergency Management Director Tracy Jackson, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. INVOCATION by Chairman Johnson. PLEDGE OF ALLEGIANCE: Boy Scouts James Teeter and Brandon Galbreath of Troop 171, affiliated with Williamson’s Chapel Methodist Church, 589 Brawley School Road, Mooresville, N.C., led the Pledge of Allegiance. Approximately 28 other scouts with the same troop, along with Mr. Wayne Persons, also attended the meeting. ADJUSTMENTS OF THE AGENDA: by Chairman Johnson to adjust the agenda by the following: Additions: @ Request from the Sheriff's Department for Permission to Apply for a $400,000 Governor’s Crime Commission Grant for the Purchase of Portable Radios in Conjunction with the 800 mhz Project © Closed Session for the Purpose of Discussing a Personnel Matter ~ G.S. 143-318. 11 (a) (6) Deletions: @ Request for Approval of Revisions to the Industrial Development Incentive Program Policy for Iredell County e Request for Approval of Agreements between Iredeil County, EnergyUnited Electric Corporation, and West Realty Agency Regarding the West Farm Water Tank Project (This will be discussed at a later date.) } | i | | | VOTING: Ayes — 5; Nays — 0. APPOINTMENT BEFORE THE BOARD Ms. Rebecca Yarbrough, with the Centralina Council of Governments, Discusses the Regional Travel Demand Modeling Process: Yarbrough said that as a part of the Clean Air Act, geographic areas would be deemed non-attainment or attainment areas. She explained that attainment areas were the ones that met the air pollutant criteria for health standards, while the non-attainment sections had levels of “criteria air pollutants higher than the level allowed by federal standards.” Yarbrough said, however, that one geographic area could be classified as both attainment and non- attainment. She also said the following: + Federal transportation money can be lost if an area is declared non-attainment. *« Previously, just the southern end (Mooresville) of Iredell County was considered to be in a non-attainment area, and this was due to its close proximity to Charlotte. Now, however, it is anticipated the Environmental Protection Agency (EPA) will recommend that the entire county be classified as non- attainment due to it being in a combined metropolitan area. « A Regional Travel Demand Model will be created as a response to the EPA’s probable designation of this region as a non-attainment area. A report (model) must be submitted that contains “transportation conformity plans demonstrating that the region’s transportation system (both existing and proposed for the future) does not worsen air quality.” Initial growth projections will be submitted to the county’s planning department. They (projections) will later be submitted to the commissioners. * Input will be needed from the county, especially future transportation needs and plans. Commissioner Williams asked if a petition could be submitted to the EPA requesting for the county to be excluded from the non-attainment area. Yarbrough said she couldn’t predict the successfulness of a petition. She said, however, the petition could be for the exclusion of a section of the county or as a whole. Chairman Johnson asked what agency made the determination. Yarbrough said the EPA, and a decision would occur by April 15, 2004. Williams mentioned there was a difference between the southern end of the county and the more rural, northern section. Yarbrough said transportation funds were tied to “conformity,” and any areas classified as non-attainment would probably have problems recruiting industry, especially companies with air emissions. She said obtaining the necessary permits would be difficult. Chairman Johnson said he felt the EPA should be petitioned for the elimination of the entire county from the non-attainment designation. He emphasized that the county did not want to do anything that discouraged industrial development. Yarbrough said that in Iredell County’s favor, there were no “violating monitors” within its jurisdiction. She said Rowan County and Lincoln County, both included in the same proposed non-attainment area as Iredell, had “violating monitors.” Commissioner Madison asked when Iredell County became a part of the Mecklenburg County Metropolitan Statistical Area. Yarbrough said during the 2000 census. County Manager Mashburn asked when the county became a part of a Micropolitan Statistical Area. Yarbrough said this also originated out of the 2000 census. MOTION by Chairman Johnson to (1) request that Mrs. Yarbrough share North Carolina Department of Environment and Natural Resources and Environmental Protection Agency contact information for the purpose of submitting a petition for the county to be excluded from the geographical area that would probably be designated as non-attainment and (2) for a letter to be written to the county’s legislative delegation in Washington regarding the rules and regulations being written by individuals who had not achieved their offices through the electoral process. VOTING: Ayes — 5; Nays — 0. PUBLIC HEARING Chairman Johnson declared the meeting to be in a public hearing. Consideration of Economic Development Incentives for Lowe’s Companies, Inc., for Projects (Hangar/Aircraft) at the Statesville Municipal Airport: County Manager Mashburn said the incentives under consideration were based upon an anticipated $100,000,000.00 investment in Iredell County by Lowe’s Companies, Inc. He said the incentives had the following two components. i. Consideration of an annual grant, over a five-year period, for the construction of a building or hangar to be located at the Statesville Airport. 2. Consideration of an annual grant, over a five-year period, for the Lowe’s corporate aircraft, with a stipulation being that the air fleet must remain in the county for five years. Upon payment of ad valorem taxes in the sixth (6") year, the Lowe’s Company will be awarded an incentive grant in accordance with county policy. Attorney Pope said incentives were earned by the industries, and that most North Carolina counties used a similar method to recruit and maintain industry. No one else spoke regarding the incentives; however, Mr. John Vining, the Lowe’s Vice President of Administration, was in attendance. Chairman Johnson adjourned the hearing. by Commissioner Tice to approve the Lowe’s Companies, Inc., incentives for aircraft and a hanger at the Statesville Municipal Airport, as explained by the county manager. VOTING: Ayes — 5; Nays — 0. ADMINISTRATIVE MATTERS Request for Approval of the December 2003 Refunds & Releases: Tax Administrator Bill Doolittle requested approval of the following releases and refunds. DECEMBER 2003 TAX RELEASES & REFUNDS Releases Refunds County $ 54,992.00 $ 1,843.10 Solid Waste Fees 221.00 26.00 East Alexander Co. Fire #1 3.87 0 Shepherd’s Fire # 2 737.30 8.50 Mount Mourne Fire # 3 61.32 2.24 All County Fire # 4 2,872.23 55.56 Statesville City 11,750.83 82.38 Statesville Downtown 16.43 0 Mooresville Town 12,482.84 1,814.68 Mooresville Downtown 2.42 0 Mooresville School 3,462.41 326.26 Love Valley 0 0 Harmony 5.99 0 Troutman 110.33 12.00 Total $86,718.97 $4,170.72 A complete list is hereby incorporated into the minutes by reference of the individual tax releases and refunds. MOTION by Commissioner Williams to approve the December 2003 refunds and releases as recommended by the Tax Administrator. VOTING: Ayes — 5; Nays — 0. Request from the Tax Administrator for the Extension of the 2004 Tax Listing Period: Tax Administrator Bill Doolittle said the current deadline for tax listings was Saturday, January 31 at midnight. As a courtesy to the county citizens, he requested permission to extend the deadline until Monday, February 2, 2004, at midnight. by Commissioner Madison to approve the request to extend the 2004 tax listing deadline until Monday, February 2, 2004, at midnight. VOTING: Ayes — 5; Nays — 0. Request from the Health Department for Approval to Write-Off FY 2001-02 Delinquent Accounts: Health Director Rabe requested permission to write-off the following accounts. SUBPROGRAM PRIVATE PAY MEDICAID TOTAL Adult Health $ 935.60 $ 0 $ 935.60 Child Health 998.40 324.00 1,322.40 Child Service Coord. 0 0 0 Dental Health 0 4,361.00 4,361.00 Family Planning 23,053.10 145.00 23,198.10 Health Promotion 0 0 0 Immunizations 2,000.59 1,110.25 3,110.84 HIV/AIDS Case Mgt. 0 82.00 82.00 Maternity Care Coord. 0 237.56 237.56 Maternal Health 4,898.70 394.00 5,292.70 Miscellaneous 332.80 47.28 380.08 TOTALS $32,219.19 $ 6,701.09 $38,920.28 Rabe said the board of health approved the write-offs on December 11, 2003. He said the health department’s mission was to serve people regardless of their ability to pay, and the office did not contract out for account collections. Mr. Rabe said, however, the department had recently signed up with the NC Debt Set-Off Program. The county manager asked why there were Medicaid write-offs. Bill Griffith, an administrative officer for the health department, said there were several reasons. He said one reason was due to having to collect on private pay insurance before the Medicaid billing. by Commissioner Norman to approve the 2001-02 Health Department write-offs as presented. VOTING: Ayes — 5; Nays — 0. Request from the Health Department for Environmental Health Salary Adjustments: Human Resources Director Harris said that for many years the environmental health division had been having employee retention problems. She said many individuals started out as interns, but when they became trained, a time- consuming process, they were lured into more lucrative positions elsewhere. Mrs. Harris said that in an effort to alleviate the problem, a market study had been done, and it recommended a reclassification of one grade upward for each class in a division. She said the reclassification cost, to be implemented retroactively to January 1, 2004, was $14,520 for the remainder of this fiscal year. In addition, she said the health director had indicated the costs could be paid out of lapsed salary funds due to a vacant environmental technician position. Chairman Johnson said it appeared the problem was with the entry-level positions and recruitment. He said there seemed to be stability with senior positions. Johnson asked if the raises could be restricted to only the lower-level staff. Harris said the health positions were subject to the State Personnel Act, and as such, if one grade changed, they all had to change. Health Director Rabe mentioned the advantages of obtaining a “substantially equivalent system.” He said this designation would eliminate the health personnel from being under the State system. Harris said the county had been working towards the “substantially equivalent system” for some time. Mashburn said the system being discussed would require overall policy changes, and these would affect all of the county employees -- not just the health staff. Johnson said many citizens had called and complained about the month long environmental permit backlog. Rabe said that if the reclassifications were approved, they wouldn’t necessarily eliminate the backlog. He said they would help, but there weren’t that many certified people in the county who could do the work. Commissioner Norman asked what was needed for certification. Rabe said a degree, six months training in Raleigh, the passage of written tests, and on-the-job training. He continued by saying the staff felt the backlog could be decreased to two weeks; however, in the spring, when construction increased, the delays would probably start again. Rabe said the FY 04-05 budget request would ask for more environmental staff. Commissioner Madison asked if signing bonuses for these types of positions were legal in North Carolina. Harris said some areas were using bonuses as a recruitment tool, especially for nurses. Madison asked if signing bonuses could be used without changing pay grades. Mashburn said the county’s policy already provided for bonuses when an employee reached his/her top pay scale. He said that if they were awarded merit increases, and they were near, or at their top pay, the employees could elect for the increases to be paid out as a one-time bonus -- it wouldn’t increase their annual salaries. Rabe said he was equally concerned for the existing staff and their salaries. Harris said another option would be to have a scale for the number of years an employee worked in a position. She volunteered to research the matter and to share information on any other options that might be discovered. MOTION by Commissioner Madison to postpone the environmental health specialist pay study decision until the February 3 meeting. VOTING: Ayes — 5; Nays — 0. Request for Permission to Apply for a State Homeland Security Program Grant (Iredell County to be a sub-grantee and to apply for reimbursement from the NC Dept. of Crime Control & Public Safety:) Emergency Management Director Tracy Jackson requested permission to apply for a $337,553.00 grant to be used for equipment, exercises, training and/or planning. He said no local match would be needed. by Commissioner Norman to approve the Emergency Management Director’s request to apply for a $337,553 State Homeland Security Program Grant. VOTING: Ayes — 5; Nays — 0. Request from the Mooresville Christian Mission, a non-profit organization, for the Waiver of Solid Waste Tipping Fees: The county manager said the Mooresville Christian Mission was requesting the waiver of solid waste tipping fees for donated items that could not be accepted. He recommended approval of the request, based upon the reasoning that the citizens making the donations were already paying the disposal fees through their solid waste household availability fee. by Commissioner Tice to approve the Mooresville Christian Mission’s request for the waiver of solid waste tipping fees. VOTING: Ayes — 5; Nays - 0. Request for Approval to Allow the County to Serve as a Community Development Block Grant-Economic Development (CDBG-ED) Applicant for Carolina CAT & a Request to Call for A Public Hearing on Tuesday, February 3, 2004, Regarding CDBG-EDs (Public hearing will be for FlexSol & Carolina CAT as well as any other CDBGs in the next 12 months.): County Manager Mashburn said the West Iredell Water Corporation had been asked to provide water service to the Carolina CAT facility to be located at I-40 and the Stamey Farm Road, and a community block development grant would aid in this effort. He said a local match was needed, but the water corporation would supply $50,000.00 less the county’s commitment for the necessary water hydrants. Mashburn said the fire marshal had indicated that seven hydrants were being budgeted for the West Iredell Volunteer Fire District for 2004-05. Mashburn continued by saying James Holler, the West Iredell Water Corporation President, had indicated his organization would pay the upfront cost of the hydrants and allow the county to make reimbursement in the next fiscal year. by Commissioner Madison to call for a public hearing on February 3, 2004, regarding CDBG-EDs during the next 12 months, and specifically, to hear comments on the two known projects, at this time, of Carolina CAT and FlexSol. VOTING: Ayes — 5; Nays — 0. Request for Approval of the Annual Audit Contract for Year Ending June 30, 2004: Finance Director Blumenstein said audit costs of like-sized counties had been evaluated, and she recommended the firm of McLelland, Rutherford, & McKenzie PA, CPAs for the 2003-04 annual financial contract. She said the firm’s cost would be $35,675. MOTION) by Commissioner Madison to approve the 2003-04 audit contract with McLelland, Rutherford, & McKenzie PA, CPAs. VOTING: Ayes — 5; Nays — 0. Request for Approval of Budget Amendment #22 for the Purpose of Transferring Contingency Funds to the Economic Development Fund to Pay One- Half the Lost Interest Earnings on Funds Paid by the City of Statesville Prior to Grant Availability for the Statesville Airport Project: Finance Director Blumenstein said an invoice had been received from the City of Statesville in the amount of 6 $1,080.96 for one-half of the lost interest earnings on funds advanced for the Statesville Airport runway-extension project. She said the amount was for the quarter ending December 31, 2003, and she had estimated the total project costs for this fiscal year to be $6,600. Blumenstein requested approval of a $6,600 budget amendment and for the funds to be derived from contingency and placed in the Statesville Airport line item. Commissioner Williams asked the status of the airport grant. Chairman Johnson said it had been approved by the House, and it was proceeding to the Senate. He said the project was on schedule. by Commissioner Tice to approve Budget Amendment #22 in the amount of $6,600 for the Statesville Airport Project. VOTING: Ayes — 5; Nays — 0. Request for Approval of the January 6, 2004 Minutes: by Chairman Johnson to approve the January 6, 2004 minutes as presented. VOTING: Ayes — 5; Nays — 0. | Request from the Sheriff's Department for Permission to Apply for a $400,000.00 Grant: Chief Deputy Dowdle requested permission to apply for a $400,000 grant from the Governor’s Crime Commission for the purchase of radios in conjunction with the 800 mhz project. He said the radios were expensive ($2,600 each), and a 25% local match would be needed. Dowdle said the department was | looking at using seized funds for the match. In reference to the proposed 800 mhz project, Dowdle said he had discussed the types of radios to be purchased with the Communications Director (David Martin), and they would be compatible. Dowdle said, however, there might be “some holdover.” Chief Dowdle said he planned to apply for the entire grant of $400,000.00, but it would be splintered out over a two-year period. by Commissioner Madison to approve the request to apply for a $400,000 Governor’s Crime Commission Grant for the purpose of purchasing radios. VOTING: Ayes — 5; Nays — 0. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Centralina Workforce Development Board (1 announcement): Commissioner Tice, the Chairman of the Centralina Workforce Development Board, said the organization had experienced a vacancy for quite some time, but recently two individuals expressed an interest in serving. Due to the Workforce Development Board needing the vacancy to be filled as soon as possible, Tice made a to suspend the rules of procedure and to nominate and appoint Kevin Williamson to the position by acclamation. VOTING: Ayes — 5; Nays — 0. APPOINTMENTS TO BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (3 appointments): No nominations were submitted, and Chairman Johnson motioned to postpone the appointments until the February 3 meeting. VOTING: Ayes — 5; Nays — 0. Board of Equalization & Review for 2004 (1 alternate appointment): Commissioner Williams nominated Larry Galliher. MOTION by Commissioner Madison to close the nominations and to appoint Galliher by acclamation. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER’S REPORT: County Manager Mashburn said the new library construction was “well underway.” In regards to the planning for the new social services building, he said the needs were being modified, and an update would be given at the winter planning session. (A written manager’s activity report was also distributed.) t CLOSED SESSION: by Chairman Johnson to enter into closed session at 8:40 p.m., for the purpose of discussing an economic development matter pursuant to G.S. 143-318.11(a) (4) and a personnel matter in accordance with G.S. 143- 318.11(a) (6). VOTING: Ayes — 5; Nays — 0. RETURN TO OPEN SESSION AT 8:59 P.M. ONE-YEAR AGREEMENT EXTENSION FOR SAERTEX USA LLC: MOTION by Commissioner Madison to approve an amendment to the Saertex USA LLC economic development agreement dated July 25, 2001, for the purpose of offering a one-year extension for the company to meet the $3,000,000.00 minimum investment needed for incentives to begin. VOTING: Ayes — 5; Nays — 0. MERIT INCREASE FOR THE COUNTY MANAGER: by Commissioner Norman to award a merit increase of 3.5% to the county manager as of February 1, 2004. VOTING: Ayes — 5; Nays — 0. ADJOURNMENT: by Chairman Johnson to adjourn the meeting at 9:00 p.m. (NEXT MEETING: Tuesday, February 3, 2004, 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: UM weg, F, Ave f Vee C Mere 4 Clerk to the Board % IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES FEBRUARY _ 3, 2004 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, February 3, 2004, 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, Emergency Management Director Tracy Jackson, EMS Director Lee Darnell, Library Director Steve Messick, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, Chief Deputy Rick Dowdle with the Sheriff's Department, Support Services Director Jim Vernon, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. PRESENTATION REGARDING THE STATE EMS PLAN & NUCARE AMBULANCE SERVICES: Joining Emergency Management Director Tracy Jackson and Emergency Medical Services (EMS) Director Lee Darnell for a discussion regarding NuCare Ambulance Services was Dr. Steven Folstad, the Medical Director for the county’s EMS and 911 Emergency Communications Departments. Jackson said that in accordance with state law, Iredell County had to provide the oversight for all private and rescue squad ambulance services operating within its territorial jurisdiction. He said the agencies had to meet state standards, as well as any requirements imposed upon them by the governing unit providing the oversight. Jackson said NuCare, a private ambulance service operating in Iredell County, had been apprised of the state and local standards, however, several problems had been encountered. He said the company was noncompliant in several areas. Darnell said Iredell County’s State EMS Plan had a “solid focus towards patient safety.” He said three different supervisors had been employed at NuCare during the past year, and all of them had been notified about the compliancy needs. Darnell said the company’s officials ignored the information, even after it was submitted numerous times. He said a December 31, 2003 compliancy deadline was given, and after this time elapsed, he made an inspection. Darnell said the agency was still out of compliance, and the following non-compliancy items were observed. No drivers’ training North Carolina State forms had not been completed Narcotics were in an open container Lack of paramedic training Lack of patient data He said after this, a 45 day compliancy deadline was given, along with a statement asking if the company planned to continue its operations in the county, and if so, at what level. After this, he said the company sent a fax indicating NuCare planned to continue its services at a paramedic level. He then made an inspection and found the following problem areas. No drivers’ training had been accomplished Lack of premises reporting HIPAA requirements were not being followed Odor of cigarette smoke in the vehicles along with cigarette ashes and patient information lying on the floor boards of the ambulances « All three of the NuCare ambulances failed inspection * Drugs were not being properly stored ° NuCare staff had difficulty identifying some medications (Toridal) Darnell said after this visit, that instead of “shutting the company down on the spot,” he called for a meeting. He was then told that on February 2, 2004, additional funding would be coming to NuCare, and this would help the company achieve compliancy. Darnell said a new deadline of February 9 was then given. Mr. Darnell stressed his concerns, and said the company was a liability on Dr. Folstad and the county. Dr. Folstad said it appeared NuCare was basically a “bottom-line company.” He said the company was “miserably out of compliance” and much time had been given to help it achieve compliancy. Folstad said that if the county took over all of the ambulance calls there needed to be a balance between 911 availability transports and the convalescent trips. Commissioner Williams asked if there were any other companies in the area providing the services. Darnell said he wasn’t aware of any providing the same types of transports as NuCare. Chairman Johnson asked Darnell if the relationship with NuCare could be severed, and if so, when he felt the county could provide the transports. Darnell said Dr. Folstad could end the relationship. He estimated the county could be ready in three weeks. Darnell said NuCare would not share any of its financial records, but he had reviewed the county’s history prior to the company’s establishment in the county. He said that to assume the services, he was estimating the costs to be around $163,000 for the remainder of this year. Darnell said much of this was set-up cost including another paramedic truck. He estimated the revenues to be $29,000. He said another option would be to add another paramedic truck and two prime-time trucks at a cost of 744,000. Darnell said the rescue squads could be approached about the need for space. He said grant funds of $219,000 had been identified, and this would lower the cost to $525,000 through the end of 2003-04. Darnell projected the revenues to be at $382,000 for both Advanced Life Support (ALS) and Basic Life Support (BLS) transports. County Manager Mashburn asked if the county was demanding more from NuCare than what was necessary. Darnell said the county had standards pertaining to equipment and drivers’ training, but the state did not. He said Iredell County had always felt that individuals driving ambulances needed training. Jackson said the medical community would much prefer to use the county’s services over NuCare. Commissioner Tice asked about future revenue projections, assuming the county provided all of the transports. Darnell said revenues were difficult to estimate. He said two employees were dedicated to EMS billing, but that most counties had ended up outsourcing this work. Darnell said technology was always changing, and the county did not have an in-house-billing expert. He continued by saying that several months ago, a request for proposals had been sent to billing/collection agencies, and it was discovered the county could be more profitable by outsourcing -- even after the company took its fee, the county might be ahead by $500,000 to $600,000. Mashburn said the county did not make any money on ALS transports. 2 Darnell said that much of NuCare’s business was with the Veterans Administration and a paramedic truck was required for these transports. Finance Director Blumenstein said the county had enough in contingency to assume the services, if the board decided to do so. Commissioner Madison said it might be prudent to notify NuCare that if compliancy had not been achieved by Monday, February 9, 2004, that the company could expect its business association to end with the county. The board of commissioners then requested a NuCare update at the February 13 winter planning session, and for the staff to present a budget amendment at the February 17 regular meeting, if necessary. ADJOURNMENT: Chairman Johnson adjourned the briefing session at 6:15 p.m. Approval: Be / 1, 200 Y ete CJM pete /) Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES FEBRUARY _ 3, 2004 The Iredell County Board of Commissioners met in Regular Session on Tuesday, February 3, 2004, 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, 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 adjust the agenda by the following: Additions: @ Request for Approval of a Lease Between the County and the Iredell-Statesville School System Pertaining to a Temporary Parking Lot at the Harmony EMS Base due to School Construction @ Mr. Sam Hall was added as an Appointment Before the Board VOTING: Ayes — 5; Nays — 0. Broadcasting of the Meeting: County Manager Mashburn announced that Joe Harrison with Digital Oasis and Janice Elmore (contracted employee with the county to operate video equipment) were in attendance for the purpose of videoing the meeting. He said a broadcast of the meeting would be shown in Mooresville and Statesville in the next few days. APPOINTMENTS BEFORE THE BOARD David Meacham, with the Statesville Housing Authority, Provides an Update on the Scattered Site Housing Community Development Block Grant: Statesville Housing Authority Director David Meacham said 57 applications had been received for housing rehabilitation assistance, and 36 of these qualified. He said the 36 applicants were distributed throughout the county as follows: 23 from the Statesville city area, 2 from Harmony, 6 from Troutman, and | from Mooresville. Mr. Meacham said he, and the Site Selection Committee appointed by the board of commissioners, reviewed the applications and selected the applicants based on age and income criteria. He said 14 candidates were then chosen to receive assistance in the first-round of funding. Meacham said the rehabilitation construction supervisor and a licensed contractor inspected each home, and the ownership records were thoroughly reviewed. He said the income and employment status of each family member residing in the home were also verified. Mr. Meacham continued by saying bids for the work would soon be received, and it was estimated the renovations would be completed by July of 2004. He said that at the end of the construction phase, any remaining funds would be directed towards the other qualifying applicants. In addition, he said that due to the tremendous need in the county for this type of assistance, a request would probably be made in the future for authorization to seek similar grants. Cindy Kincaid, with the Centralina Council of Governments, along with members of the Adult Care Community Advisory Board and the Nursing Home Advisory Board Present Annual Reports: Kincaid, the Centralina Ombudsman for Iredell County, introduced Ruth Waters, Charles and Sue Donaldson, Grady Mills, LaRue Burleigh, and Theresa Brown Moose, all volunteer members on the Nursing Home Advisory Committee. She said the Centralina region (nine counties) had about 175 volunteers. Kincaid said the members received 15 hours of initial training and in- facility training, along with 8 hours of annual training. She said Centralina provided the training along with explanations/interpretations of the federal regulations as well as the rights of the residents. She said the committee members accomplished their work by making quarterly visits to each nursing or adult care home in the county and by talking to the residents. Kincaid said the volunteers also talked to the administrators of the facilities and to the residents’ family members. In addition, she said the members helped on special projects. She said Iredell County had over 739 nursing home beds and 794 adult care home beds. David Swann, with Crossroads Behavioral Healthcare, Presents a Mid-Year Report: Swann, the Crossroads Director, said this was the seventh year that Iredell County had been affiliated with Yadkin County and Surry County in the Crossroads organization. He said that for the past six months, Crossroads had provided services to 2,339 Iredell County residents. Swann said the mental health reform law required that all state funds be directed to the most seriously ill patients (target population). He said Crossroads had been studying the population being served, and he was pleased to report that the less-seriously ill clients were not consuming a large quantity of the financial resources. Swann said Crossroads currently worked with 88 provider organizations and approximately $9 million was being spent in obtaining contracted services. Mr. Swann presented a revenue/expenditure summary sheet and mentioned the state had changed its method of reimbursements. He said the state was behind in its Medicaid/Medicare payments, but this was typical for this time of the year. He also said that on July 1, the state and federal governments would start supporting the local managing entity’s infrastructure costs, and this would enable the county’s funding to be solely directed towards service delivery. Jim Dobson, with the Farm Use Task Force, Provides an Update on the Committee’s Findings: Dobson said the Farm Use Task Force was established by the commissioners on October 7, 2003, to hear concerns of the citizens regarding policies and practices in the Iredell County Tax Office. He said the members comprising the task force were Danny Allen, Rex Bell, Charles Carter, Carroll Goodman, Andy Gray, Bill Harris, Phil McLain, Dr. Bradley Mills, Richard Renegar, Jerry Turner, Bobbie L. Williams, Ken Vaughn (ex officio), and himself. Dobson said the committee had met on five occasions and heard from the county’s citizens in regards to the farm use tax and its administration. Mr. Dobson said G.S. 105.296 and G.S. 105.277, along with the Iredell County Personnel Policy, were carefully studied by each member. He said representatives from the North Carolina Department of Revenue had also met with the group and provided information. Dobson then presented the task forces’ findings of fact as follows: Farm Use Task Force Final Report I. Findings of Fact: A. General Statute 105-277.2 through 105.277.4 and General Statute 105.296(j) as adopted by the 2002 Session of the General Assembly appear to allow for reasonable latitude in interpretation and implementation of the present use value tax system. The Iredell County Tax Assessor appears to not follow the State statutes. B. It appears that there is a need for more appropriate supervision of, and within the tax department regarding interpretation and implementation of the respective statutes. (See attachments 1,2,3, and 4). There appears to be disregard for the applicable statutes, specifically G.S. 105-296 (j) which 2 IL. B. D. states the owner has 60 days from the receipt of a written request to respond with information. Within the tax office, it appears there have been inappropriate actions such as treating taxpayers with a lack of respect, dignity, and professionalism as well as being overly and erroneously authoritative. (See attachments 2,4,5,7 and 8.) Income tax forms being requested, copied, and retained by the tax office to prove an individual landowner's qualifications for present use taxation is found to be distasteful and offensive. (See attachments 1, 3, 4, 7 and 8.) The tax office has a policy of applying a per acre income statement to prove sound management. The farmer has a minimum of six options to prove sound management and the per acre income test is only one of them. However, the farmer is only required to prove one option for sound management. The tax office appears to refrain from informing the taxpayer of his options for proving sound management. (See attachments 1, 3,4,7 and 8.) It appears that employees of the tax assessor 's office are giving unsolicited legal advice on estate planning which is in violation of the NC Bar Association rules. (See Minutes of October 30 meeting.) Recommendations A, f bho We recommend adherence to the statutes and where latitude is provided develop a more reasonable interpretation and application of the statutes. Be objective and reasonable in defining sound management. a. Remember, it is the farmer's choice for proof. There are a minimum of six factors to prove sound management. However, the farmer is only required to prove one option for sound management. b. Realize that more than money is involved in sound management. c. Farm Service Agency (FSA) records, conservation plans, nutrient management plans, etc., should be given the utmost consideration. d. Individual production records should suffice. Farmers found to need forest management plans in audit should be given adequate time (18 months) to secure one from the forest service, a licensed forestry consultant or to devise their own written plan. A member of the Cooperative Extension Service, Natural Resources Conservation Service (NRCS), Soil & Water C onservation District (SWCD) or FSA officer may certify that a farmer operates his farm under sound management. When property that is under farm use loses its qualifying status due to statutory change or audit, grant the land owner reasonable time (18 months) to come in compliance. An advisory committee would be very helpful to the tax office for developing a use value assessment and taxation of agriculture, horticulture, and forest lands policy. We recommend that the demand for tax refunds from the individual 3 landowners stop and all photocopies of tax returns held by the tax office be returned to the landowner with a letter of apology. fe When statutory changes occur and the substantive rights of the taxpayers are altered the county should provide for public informative sessions and pamphlets to explain the changes. D. Once the ownership requirement, land size requirement and minimum gross income requirement is met and the best management requirement is met, the tax office should look no further in determining the present use value. E. When the tax office notifies the landowner of an audit, the landowner should be provided with a complete list of the methods for continued qualification. F. We emphasize that the tax office personnel need to treat all taxpayers with respect, dignity and professionalism at all times. 1. We recommend that the tax office personnel be provided with adequate training and supervision to perform their duties as public servants. 2. We recommend that the commissioners carefully examine the statements of complaints and allegations made to them, and to this task force, and do whatever is necessary to restore order and respect to the tax office. (End of Findings of Fact) Note: The attachments referred to in this document are hereby incorporated into the minutes by reference. They may be reviewed in the office of the clerk to the board.) Chairman Johnson said he had attended most of the task force meetings, and it appeared to him that when a citizen applied for present use value there was an existing attitude, on the part of the employees, to preclude someone from qualifying rather than assisting in the endeavor. He said his statement shouldn’t be construed in a manner that would lead someone to believe he didn’t want the employees to maintain the integrity of the statute, but he found it troubling that tax office employees had been requiring Schedule F forms. He said the statute stipulated, after the six items listing the way applicants could substantiate their property was being operated under a sound management program, that “Operation under a sound management program may also be demonstrated by evidence of other similar factors. As long as the farm operator meets the sound management requirements, it is irrelevant whether the property owner received income or rent from the farm operator.” Johnson said this gave a great deal of latitude. Mr. Johnson said there was also a great deal of discussion over incorporated farms and individual-owned farms. He said he didn’t see much difference in the way they were treated in the General Statutes. Johnson said one way to clear up some of the problems was to focus on the land -- not the farmer. Vice Chairman Williams said he, too, had attended most of the meetings and the task force members had been diligent in their review of the matter. He said every citizen in Iredell County should be given respect and dignity when they had dealings with county employees. He said it was disturbing to him that it appeared many citizens had not been properly treated. Commissioner Madison said the board needed to address the findings “one-by- one” either through the county manager’s office on down to the tax office, or that the board of commissioners could be involved in the process. He said the findings sounded serious, and they needed to be addressed in a timely manner. Commissioner Norman and Tice concurred with Madison. Commissioner Williams asked about the recommendation for an advisory committee for the tax office. Dobson said the committee wouldn’t be created to tell the tax office what to do. He said the committee’s function would basically be to answer questions and to offer advice when problems occurred. He said there were several options, and there was a Farmland Preservation Board already intact, but whatever group was charged with the responsibility, the members needed to be fully informed. Chairman Johnson then described the attachments to the findings of fact. He, along with all of the board members, thanked Mr. Dobson and the other task force members for their thorough review of the matter. MOTION by Commissioner Madison to (1) receive the Farm Use Task Force’s Final Report as information, (2) request that the Iredell County Manager review the information and report back to the board of commissioners on February 13, 2004, at the Winter Planning Session, and (3) for the board of commissioners to take action regarding the Farm Use Task Force’s findings of fact at the February 17, 2004 meeting. PROPOSED AMENDMENT TO THE MOTION: Chairman Johnson asked Mr. Madison if he would accept an amendment to his motion. The amendment would request that the clerk to the board write a letter to the tax administrator advising that all Schedule F forms remaining in the tax office be returned to their owners and that a letter of apology be included with them. Commissioner Madison said he couldn’t accept the amendment due to the need for additional information from the staff. He suggested, however, that the matter be held in abeyance for the time being. AMENDMENT TO THE AMENDMENT: Chairman Johnson asked if Mr. Madison would accept an amendment to the motion stating that the requirement of Schedule F forms, when applicants applied for farm use, would henceforth stop and that a letter to this effect be sent to the Tax Administrator. Commissioner Madison accepted the amendment to the amendment. VOTING: Ayes — 5; Nays — 0. Sam Hall Addresses the Board in Regards to a Board of Equalization and Review (E & R) Hearing for the Texolina Investments Company: Mr. Hall said Tom Summers, the sole shareholder of Texolina Investments, was previously given an appointment with the Board of Equalization and Review for January 29, 2004 at 11:00 a.m. regarding farm use tax value. Hall said Mr. Summers was given only an eight-day notice about the meeting, but he altered his business plans to accommodate the tax office. He said Mr. Summers, a Texas resident, also made flight arrangements and arrived in North Carolina on January 28. Hall said that while Summers was en route, he (Hall) received a phone call from the tax office stating the meeting had been cancelled due to not having the paperwork ready. Mr. Hall expressed concern about the county’s disregard for Mr. Summers’ time and finances. He said, “The clock is still ticking on Mr. Summers’ tax account.” Mr. Hall distributed copies of letters in reference to this matter, and Chairman Johnson thanked him for his appearance and the information. PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Consideration of Iredell County being an Applicant for Small Cities Community Development Block Grants (Economic Development Program) (Two identified projects at this time are the FlexSol Packaging Corporation & Carolina CAT): County Manager Mashburn explained that public hearings were required for the implementation of community development block grants, and this was the first one for the FlexSol Packaging Corporation and Carolina CAT. He said both grants would be used for infrastructure or the extension of water lines. No one else spoke, and Chairman Johnson adjourned the hearing. MOTION by Commissioner Madison to call for a second public hearing on Tuesday, February 17, 2004, at 7:00 p.m., regarding the Small Cities Community Development Block Grants for the FlexSol Packaging Corporation and the Carolina CAT Company. VOTING: Ayes — 5; Nays - 0. Chairman Johnson declared the meeting to be in a public hearing. Case No. 0401-1; Don Church, Applicant for the Samuel & Ivory Church Property, Requests a Rezoning from Rural Agricultural to M-1, Light Manufacturing District (Location: Fairmont Road near Tomlin Road, Statesville, NC): Planning Supervisor Smith said Don Church was requesting the rezoning of a 1.15 acre tract in a 25.98 parcel for the purpose of operating an automobile and truck (new and used) dealership. Smith said the vacant property (PIN#4759-52-0741) was surrounded by residential, industrial, and other vacant properties. He said the property had been rural agricultural since 1990 when county-wide zoning occurred, but it was located in an industrial node (Iredell County Land Use Plan). Mr. Smith said the property was adjacent to the Lowe’s Home Center, a major distribution facility. He said the staff recommended approval, and that on January 7, 2004, the planning board unanimously approved the rezoning. Chairman Johnson adjourned the public hearing. MOTION by Commissioner Williams to rezone the property involved in Case No. 0401-1 (Don Church, Applicant for Samuel & Ivory Church) from Rural Agricultural to M-1, Light Manufacturing. VOTING: Ayes — 5; Nays — 0. MOTION by Chairman Johnson to approve the following five (5) consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. Request from the Emergency Medical Services Director for the Approval of a Contract with Western Carolina University for Paramedic Field Clinical Experience: At the briefing session, EMS Director Lee Darnell requested approval of an agreement with Western Carolina University that would allow paramedic students to obtain clinical experience (ride ambulances and observe EMS staff providing assistance). Darnell added that there was a paramedic shortage in the state, and the association with the university might assist the county in future recruitment. 2. Request from the Library Director for Approval to Apply for E-Rate Discounts: During the briefing session, Library Director Steve Messick requested permission to apply for discounted telecommunications services under the Federal Communication Commission’s E-Rate Program. He said that under the program, the library was eligible for 60% discounts for Internet access and regular telephone service. Messick said that for FY 04-05, he desired to apply for discounts in the following four areas: Internet & telephone service in Statesville (main library), plus a high-speed data connection between Statesville and Harmony, along with telephone services at the Harmony branch. He said the discounts would be applied to the annual costs of $28,562, and this would leave an actual cost of $11,425 once reimbursements were made. 6 3. Request from the Sheriffs Department for Approval of Budget Amendment #23: Chief Deputy Rick Dowdle requested approval of the following three items in conjunction with the budget amendment. a. Usage of Seized Funds in the Amount of $27,000 for the Installation of an Office Panel System for Station G (Main Office): The new system will replace “bull pens.” Modifications need to occur in the area due to the amount of evidence the staff has to process. b. Usage of Seized Funds in the Amount of $20,500 for a new Camera System at the Iredell County Government Center-South (Courtroom): This system will provide for the monitoring of inmates both in the courtroom as well as the corridors. c. Usage of Commissary Funds in the Amount of $40,000 for Video Equipment at the Hwy. 21 station (Visitation Room) along with Same Type Equipment at the Jail Arraignment Area: This equipment will allow for the taping of arraignment hearings held at the jail as well as the visitation area. Grant funds will also be used to accomplish these projects. 4, Request for Approval of the January 20, 2004 Minutes 5. Request for the Approval of a Lease Between the County and the Iredell- Statesville School System Pertaining to a Temporary Parking Lot at the Harmony EMS Base due to School Construction: County Manager Mashburn said that due to construction occurring at Harmony Elementary School, the school system had requested permission to use property owned by the county, (Harmony EMS base) as a temporary parking lot. Mashburn said almost an acre could be utilized, and the schools had agreed to remove the top-soil and replace it with gravel. He said that after the construction was completed, the schools would take the responsibility to return the property to its original condition (remove gravel and re-seed). Mashburn said the county already had a lease for the Harmony school improvements, and a clause could be inserted stating within 30 days of substantial completion, the site would be returned to its original state. He also said the sewer system at the EMS base would be staked-off so no damage could occur. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS e Nursing Home Advisory Committee (2 announcements) APPOINTMENTS TO BOARDS & COMMISSIONS nominations were submitted, and Commissioner Madison made a to postpone these three appointments until the February 17, 2004 meeting. Adult Care Home Community Advisory Committee (3 appointments): No fnotion VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER’S REPORT: Due to construction continuing at the government center south facility, County Manager Mashburn said the Mooresville town officials had agreed to allow court proceedings at the municipal building. He said the Town of Mooresville would receive court facility fees during the transitional period. CLOSED SESSION: MOTION by Chairman Johnson at 8:10 p.m., to enter into Closed Session pursuant to G.S. 143-318.11.(a) (6) - Personnel. VOTING: Ayes — 5; Nays -— 0. (RETURN TO OPEN SESSION AT 8:31 P.M.) _MERIT INCREASES FOR THE SHERIFF & REGISTER OF DEEDS: MOTION by Chairman Johnson to award a merit increase of 3.5% for Sheriff Phil Redmond and a merit increase of 2% for Register of Deeds Brenda Bell. VOTING: Ayes — 5; Nays — 0. ADJOURNMENT: MOTION by Chairman Johnson to adjourn the meeting at 8:32 p.m. (NEXT MEETING: Winter Planning Session to be held on Friday, February 13, 2004 (8:00 a.m.), and Saturday, February 14, 2004 (8:30 a.m.). VOTING: Ayes — 5; Nays — 0. Approved: r (J, 200 f AG an(s wre / ] — Clerk to the-Board VU | / Vv Iredell County Board of Commissioners Winter Planning Session Agricultural Resource Center (Conference Rooms 1 & 2) 444 Bristol Drive Statesville, NC Friday, February 13, 2004 & Saturday, February 14, 2004 The Iredell County Board of Commissioners held a Winter Planning Session on Friday, February 13, 2004, 8:00 a.m., at the Agricultural Resource Center, located at 444 Bristol Drive, Statesville, NC. Commissioners present were: Chairman Stephen D. Johnson Vice Chairman Godfrey Williams Doug Madison Marvin Norman Sara Haire Tice Staff_present_were: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Support Services Director Jim Vernon, Cooperative Extension Service Director Ken Vaughn, and Clerk to the Board Jean Moore. (Other staff members attended, and they are identified throughout the minutes.) Media 2 attendance during some segments of the session were: Michele Harrison, Statesville Record & Landmark, Gerald Witt, Mooresville Tribune, Katie Beaver, Statesville Record & Landmark, Kim McKinney, Iredell Citizen, and David Boone, Boone Report. Call to Order by Chairman Johnson. FY 03-04 Budget Review & Projections: Finance Director Blumenstein distributed budgetary information relating to the current year’s budget. She said the ad valorem tax collections were slightly less than anticipated, but they were close. Mrs. Blumenstein expressed concern over sales tax revenues, especially the 1983 (1/2¢) and 1986 (1/2¢) taxes that were distributed based on the state’s population formula, and she predicted a year-end shortage of approximately $655,018. She said the county departments were progressing well within their budgeted amounts, and she didn’t foresee any of them being over budget by the close of the year. Blumenstein did advise, however, that the EMS Department was approximately $660,000 behind in collections. Mrs. Blumenstein said there wasn’t much profitability in the county’s investments at the current time, due to public money rates being low. She said the tax assessor’s office wasn’t seeing much of an increase in business growth. In regards to the EMS revenue shortage, County Manager Mashburn said the $660,000 was still owed to the county, and the problem was due to an invoicing software problem. Blumenstein noted a 40% increase in operating expenses at the government center-south. She said $1.1 million had been estimated for school growth (average daily membership plus 911 students). Commissioner Madison asked about the $750,000 in lapsed salaries. Blumenstein said lapsed salaries were listed in the expenditure side of the budget. She concluded her remarks by saying that is was estimated the county’s fund balance on July 1, 2004, would be $11,703,069.00, and this amount was obtained by projecting that the county departments would be under budget by a total of $263,494. Blumenstein noted, however, that for FY 2004-05, the county’s estimated expenditures could possibly exceed revenues by $4,449,708.00, based on past years’ figures, and this would necessitate a 3.36¢ tax increase to balance the new budget. Iredell-Statesville Schools Board of Education Chairman Dr. David Cash, Superintendent Dr. Terry Holliday, Deputy Superintendent Dr. Steve Lane, and Maintenance Services Director Dr. Kenny Miller were in attendance to discuss the needs of the Iredell Statesville School System. Dr. Cash said there was excessive growth in the southern end, but there was a desire to improve all of the facilities in the school system that needed attention. Holliday outlined his proposal to improve the educational sites in the county within a three-to-four-year period of time. He said a task force had been meeting for the past 14 months, and the group had studied different financing methods. Holliday said a “program management” approach was being suggested using $124 million in Certificates of Participation (COPS) with a total repayment amount of $215 million. Dr. Holliday said the issuance could occur without a tax increase, and it would save the taxpayers $93-$103 million when compared to the current method of improving school facilities. Holliday said the present approach, issuing COPS every two or three years, was more expensive. He gave the following as an example: six COPS financings ($156 million), spread out over a two or three year time frame, would require a repayment of $268 million, and this was $53 million more than the “program management” approach. Holliday said the current method would take 20 years to complete all of the projects, or improvements, that needed to be accomplished now. Dr. Holliday said three high schools in the system were already out of capacity. He said there was a projected enrollment of 5,757 high school students for year 2004-05, and it was estimated that by the year 2013-14, there would be approximately 7,000. Holliday said, however, it was not being recommended that a sixth high school be constructed. He said the system would probably never completely eliminate modular units, and that Iredell-Statesville was probably the highest user in the Charlotte-metro region; possibly in the entire state. Dr. Holliday said he didn’t think the state would remove the Public School Building Capital Fund (PSBCF) money in the future, and the system had a current capital fund balance of $750,000. Mashburn asked how many additional classrooms could be built with $124 million. Holliday said 300 -- maybe more. Mashburn asked what accounted for the difference in costs pertaining to the financing methods. Holliday said escalation and interest rate costs. Mashburn said he understood then, that it didn’t have anything to do with the management of the construction. Holliday said this was correct. Johnson said it would be the county that would have to take the risks for the proposed financing. He then asked about the disposition of the Wayside School property. Dr. Holliday said the property was on the market and the sale proceeds would go into the capital fund. Commissioner Norman asked how the school system would incorporate roofing repairs, and other unexpected costs, in the financing package. Holliday said he felt there would be adequate annual capital funds for such things as roof repairs. Williams asked the current fund balance. Holliday said the current undesignated fund balance was $3,080,036.00, and it came from the beer and wine sales taxes, the PSBCF, and what the system already had in its books. 2 Williams said he assumed this money could be used to make roof repairs. Holliday said yes. Madison said he had problems projecting ten years out with the financing. He said that if all of the construction occurred now, in ten years, the buildings would have functional obsolescence. Holliday said he had “inherited some errors of the past.” He said the plan, as presented, allowed the system to handle growth, and the approach offered some flexibility. Williams said it was hard to know where growth might occur in the future. Holliday said the facilities needed to be centrally located. He said the plan had built in capacity, but the attendance lines might have to be redrawn for some schools. Madison asked the cost of the $124 million financing package when the Mooresville Graded Schools and Mitchell Community College were added. Blumenstein said $151 million, but this didn’t include Mitchell College. Johnson mentioned that the county’s finance director had reported poor revenue projections earlier in the meeting. Holliday said the school officials had become optimistic when they learned of the increased tax base that would result from the opening of the new Lowe’s Corporate Center. Madison said the quality of education wasn’t indicative of the facilities. Mr. Madison said he was willing to review the financing proposal, however, he noted it did not leave that much “wiggle room” for the county. Dr. Holliday requested a joint meeting between the board of education and the board of commissioners for the purpose of continuing the discussion regarding the $124 million proposal. The commissioners agreed to meet with the school board on Tuesday, March 16, 2004, at 4:00 p.m. (Note: This is a regular meeting day for the commissioners, and the briefing session will be eliminated for this date.) Dr. Holliday said he would agree to the time and date, contingent upon the availability of his school board members. The facilities plan distributed by the I-S System is as follows: North Iredell area: North Iredell High — Build new gym, library, band/music/J ROTC, add 16 classrooms, and other renovations North Middle — Expand cafeteria, add 6 classrooms/2 resource, a multipurpose room, and new HVAC system Union Grove Elementary — Replace the old classroom building Statesville area: ° Statesville High — After hearing public comment, the administration’s current recommendation is to buy additional land around the existing high school on Center Street, tear down the old building and build a new 1,400 student high school with a traditional fagade, including a new three-story science building and an auxiliary gym. Renovate MacGrey Auditorium in partnership with other agencies. Retain use of the main gym and football stadium. Cool Springs Elementary — Replace old classroom buildings and add 8 classrooms NB. Mills/Monticello Elementary Schools — Merge these schools into one with a new facility following the Third Creek model within or very close to the Statesville City limits per public wishes. Sell Monticello, use N.B. Mills for a portion of the new high school enrichment/magnet program. Northview/Ebenezer Elementary Schools — Merge these schools into one with a new facility following the Third Creek model within or very close to the Statesville city limits per public wishes. Sell Ebenezer, use Northview for a portion of the new high school enrichment/magnet program. Pressly/East Iredell Elementary Schools — Per public wishes, renovate and expand East Iredell Elementary to accommodate expected growth, but keep Pressly as a separate primary school. Statesville Middle — Add 8 classrooms and faculty work areas, address parking and ADA needs, air condition the gym and renovate lock rooms. West Iredell area: : Celeste Henkel Elementary - Replace the old classroom buildings, add 3 classrooms, a new library, and connect all buildings. Sharon Elementary School — purchase land to expand, build a new library, cafeteria, connect buildings, add 5 classrooms, and 2 resource rooms West Iredell High — build a new gym, an auditorium, band/JROTC, 8 science classrooms, expand cafeteria, other renovations West Middle — build a new gym, add 4 classrooms South Iredell area: . South Iredell High — Build a new South Iredell High School between Shepherd and Amity Hill Road to better serve where the majority of students are located. Move Troutman Middle into the current SIHS building, thereby eliminating the need for a new western Iredell middle school. Use the land purchase for that school on Arey Road at Wallace Springs Road as a future elementary school site. Expand Troutman Elementary School, temporarily, into the middle school buildings or use the middle school as the site for a high school enrichment program (similar to the Auto Tech Center housed behind Statesville High.) Shepherd — Purchase land to expand the school, add 12 classrooms, and 4 resource rooms Troutman Middle — See plans for SIHS The Lake area: ‘ Lake Norman Elementary — Expand the cafeteria, build a new multipurpose room Lake Norman High — Add 8 classrooms Brawley Middle — add 8 classrooms and air-condition gym Mt. Mourne Elementary — Replace the old classroom buildings, build a new, larger library and cafeteria, add 8 classrooms, and 2 resource rooms. Mooresville Graded School System Mooresville Board of Education Chairman Frank Fields, Superintendent Dr. Bruce Boyles, and Finance Officer David Dutton attended the meeting to update the commissioners on the Mooresville Schools. Dr. Boyles said all of the system’s schools had met expected goals, and 80% of them were “Schools of Distinction.” He said the system had a low-dropout rate, teacher turnover was “going down,” and ten percent of the teaching staff were nationally certified. Boyles said the system had a pre-school that was operating, and during the past year, there had been increased collaboration with Mitchell Community College in the Huskins Program. He said the goals for the upcoming year would be in roofing repairs, staffing for the new school, and staying abreast of technological changes. Commissioner Tice asked when the new intermediate school would be finished. Boyles said the fall of 2005. Commissioner Williams asked how much the system spent on mobile units. Boyles said $144,000. Commissioner Madison asked if the system had done any studies on the impact of the new Lowe’s Corporate Center. Boyles said the system had already experienced “pop-up enrollment,” and discussions later revealed that the students were from families associated (vendors) with the Lowe’s Company. Dr. Bowles said it was difficult to obtain enough information to determine the future impact. Madison asked how much was still owed on the 1987 Certificates of Participation (COPS). Boyles said the issuance was for $17 million and $10 million was still owed (debt service of $958,000 per year through 2014). Dr. Boyles gave the following 2004-2005 Budget Projections. Current Expense - Budget increase request of within 5% of current per pupil budget plus growth - Planned projects/programs: - Staffing of East Mooresville Intermediate School - Technology - Continuation of minor facilities improvements for safety/accessibility - Increased utility and transportation costs Capital Outlay - Planned projects include: - Possible mobile classroom replacement - Student safety and security improvements ‘ Debt Service ‘ Technology - New Bus - Minor repair projects - Long-range facilities design, planning and construction Mitchell Community College Mitchell Community College President Dr. Doug Eason, Director of Facility Services Gary Johnson, and Vice President of Finance & Administration Dick Lefevre presented the college’s capital request proposal for 2004-2005 as follows: = Technology/Workforce Development Building - COPS debt service 108,325 a Parking lots/pedestrian walkways repair/expansion & lighting 300,000 a ADA accessibility for Cherry St. Ctr., including elevator/classroom & restroom renovations 600,000 ws Renewal & Renovation of Existing Facilities and Equipment on all campuses 250,000 Total 2004-2005 County Capital Projects $ 1,258,325 G. Johnson then shared sketches of the new two-story technology building to be located on Front Street. He said a groundbreaking would be held in about 30 days, and the building would be completed in approximately 18 months. Dr. Eason said the college was enrolling many displaced workers and older adults, but the age group that was increasing on campus seemed to be the younger set or the 18-year-olds. He said that for many families, a community college was being viewed as a more favored option than sending their children away to school. Eason said the college continued to work on fundraising, and recently the three local Rotary Clubs agreed to raise funds to improve the auditorium. (Note: Several college trustees were also in attendance.) (With the departure of the college officials at 12 noon, the session broke for lunch and a presentation from Jeff McKay. Others joining the commissioners were Susan Hatfield, field representative for United States Congressman Richard Burr, and R.B. Sloan, Karen Ray, and Frank Mitchell, all members of the North Carolina General Assembly.) Greater Statesville Development Corporation (GSDC) Economic Developer Jeff McKay discusses North Carolina General Assembly Amendment 1 — Local Option Project Development Financing (House Bill 1293/Senate Bill 725): McKay said 48 states currently gave their cities and counties permission to incur debt to finance the public portion of economic development projects. He said North Carolina and Arizona were the two states that did not offer this option. McKay said an amendment to the North Carolina Constitution would have to happen to allow this in North Carolina, and a vote was scheduled to occur in November of this year. He said there might be some opposition, and the opponents would probably use the argument that the proposal allowed cities and counties to enter into debt without the vote of the people. McKay said other states were using the option in many different ways -- downtown development, transportation infrastructure, and for industrial parks. Mr. McKay said former North Carolina Governors Jim Hunt and Jim Martin were co-chairing a committee to educate the public about the merits of the program. He said the issue was being viewed as a bi-partisan, and the Local Government Commission would be fully involved in the process. McKay concluded his remarks by saying that a resolution of support, for this type of financing option, would probably be presented to the commissioners in the future. Impact of E-Commerce: Mashburn said a University of Tennessee study indicated that by the year 2006, Iredell County would lose up to $6.8 million (includes all municipalities) in untaxed remote sales. He said that by 2011, the study indicated the amount would increase to $8.3 million, which was equivalent to eight cents in property tax. Representative Mitchell said this was a national problem, and a standardized sales tax would have to be federally implemented to change it. Senator Sloan said the legislature passed a simplified sales and use tax bill. He said many people were against Internet sales taxation, and there was much debate occurring about the matter. Blumenstein said two large retailers had already implemented e-commerce taxation on their own. Hatfield said she would relay the county’s concerns regarding the loss of sales taxes to Congressman Burr. Mashburn said he understood this was a federal matter, but he wanted to make sure he had the support from the General Assembly members. Air Quality and the Environment Protection Agency: Chairman Johnson mentioned his concerns about Iredell County being designated as a non-attainment air quality area. He said that if this occurred, prospective industries would be confronted with additional costs. McKay said he had previously been told that Iredell County did not have the traffic patterns for an MSA (Metropolitan Statistical Area) designation. Sloan said the local hospitals had desired an MSA designation for many years. -- o-na------ End of Lunch Presentation/Discussion -----------------------"--"-"""" Recreation & Parks Update: Recreation Advisory Committee Chairman Larry Johnson and Recreation Director Robert Woodie said the North Carolina Parks and Recreation Department had approved changes to the Parks and Recreation Trust Fund (PARTF). Woodie said the PARTF funding had increased from $250,000 to $500,000. He said it was also permissible to purchase recreation/parks land, or property, with the funds, but there had to be a match (web site indicates this is dollar-for-dollar). Woodie distributed biennial reports and historical documents relating to his department. He said that in the early 1990s, the recreation advisory committee submitted a four-park plan with each sector of the county (north/south/east/west) having a recreational site. Woodie said the Stumpy Creek site was the only park that had materialized. He said Stumpy Creek encompassed 83 acres (includes the boat landing). Commissioner Madison said he was on the board when the four-park proposal was submitted. He said a key component of the proposal was volunteerism and this had occurred with Stumpy Creek. He said, however, this had not developed in the other areas, and a “strong volunteer effort” needed to be shown for the initiation of another park. Chairman Johnson said four parks would cost $400,000 a year -- just in operational expenses. Woodie said maintenance costs would decrease, but operational costs would increase. Chairman Johnson asked the other board members their thoughts on allowing money to be used to purchase land -- on a matching basis. Madison this was fine, if there was a support group to keep the project moving. Woodie said land purchases would provide incentives to the public. He said the citizens wanted to see something tangible. Commissioner Williams asked how much money was in the park fund. Blumenstein said approximately $778,000.00, but this did not include Stumpy Creek’s payback of $100,000. Madison said that if the land were purchased, the public would then want to know when the park was going to be built. A question was then raised about citizen interest in other parts of the county. Commissioner Norman said the western sector was interested in having a park. Former county commissioner Alice Stewart asked about the possibility of using SA9 funds to help develop the parks. Madison said the money was used for annual scholarships, but there might be interest on the part of the group overseeing the funds. He said the new Statesville park, located in the eastern part of the city, might lessen the interest in this area. L. Johnson said many people didn’t realize how much volunteerism went into the creation of the Stumpy Creek Park. Commissioner Williams said that in the past, the Union Grove Ruritan Club had expressed an interest in having a park. He said there was also interest in the Harmony area. Commissioner Madison asked what was prohibiting the staff from approaching citizens in the Union Grove and Harmony areas to see if they would match the county in the endeavor. L. Johnson said mini-parks might also be an option in some areas. Stewart said she was a member of the West Iredell Ruritans, a club that recently retired its debt, and she would approach the members. County Manager Mashburn said there might be an interest in the other areas of the county, if someone approached the residents. Commissioner Madison reminded everyone that if the land was purchased, it no longer generated tax revenue. He said he didn’t want to see the land acquired, and then just see it grow up in grass. MOTION by Chairman Johnson to amend the policy regarding the park fund, and for the amendment to reflect (#1) that a 50/50 match could now be used and (#2) the match could be in the form of money, land, or labor. Commissioner Madison added that any park proposal would need final approval by the board of commissioners, and the proposal would need to show specifically where the park was to be built and the time duration. Woodie asked if the PARTIF funds could be used. Mashburn said all funding sources should be used. Chairman Johnson said that if PARTIF funds were used, the state would issue a project deadline or completion date. VOTING: Ayes — 5; Nays — 0. Bi-Weekly Payroll: Finance Director Blumenstein said that in the past, the commissioners had been advised of the need to start paying the county employees on a bi-weekly basis. She said one reason why the county desired to alter the present payroll method (salary is paid to employees once per month on the last working day) was that the Fair Labor Standards Act (FLSA) required timely payments. She said presently, some employees had to wait seven weeks to be paid overtime. She said a past goal from the board had been for the new pay plan “to not harm the employees.” Blumenstein said with this goal in mind, she recommended that the county employees be paid a one time four percent bonus, based on his/her annual salary in June, for the transition to the new system. She said the bonus would be in lieu of any merits, and any cost of living increases during the new fiscal year, and it wouldn’t go on the employee’s base salary. Mashburn said several scenarios had been studied, and what Ms. Blumenstein had proposed was the most promising. Commissioner Madison said the bonus would be given to the employees up-front, and he had a problem with this happening. He mentioned that an employee could be a given bonus in June and then quit his or her job the next month. Blumenstein said the intent of the bonus was to relieve the financial burden the employee would suffer at the first pay period. (Employees would be paid on Wednesday, June 30, 2004 for a 17-day period -- extending from June | through June 23. On Friday, July 2, 2004, employees would be paid a bonus equal to 4.0% of their annual salaries as of June 2004. On Friday, July 16, 2004, employees would be paid for their work time from June 24 through June 30 plus July 1 through July 7. Next, on Friday, July 30", employees would be paid for the time extending from July 8 through the 21*.) Mr. Madison mentioned the unfavorable county revenue and expenditure projections that were submitted earlier by Mrs. Blumenstein. He stressed that bonuses should be used as incentives, and they should be earned by the employees. Blumenstein said a bi-weekly payroll could still be implemented, but it would hurt the employees. Chairman Johnson agreed with Mr. Madison about the bonuses. Commissioner Madison asked why vacation and overtime couldn’t be bought from the employees. Commissioner Williams agreed with Mr. Madison pertaining to the bonuses. Commissioner Norman said it didn’t appear to him that the board members were far enough in the budget to make a determination. Mashburn said he thought the fairest thing to do, if the board members didn’t agree with the proposal, was to leave the pay method alone. Election Presentation on Americans with Disabilities Compliance Initiatives: Elections Supervisor Becky Galliher and Safety Director Larry Ray presented information on measures being taken to comply with the Help America Vote Act (HAVA) and the Elderly and Handicapped Act. Galliher said the state board of elections had established a deadline date of March 15, 2004 for counties to have 100% accessible polling paces. She said HAVA provided federal funding for the improvements, and the county had submitted everything needed for the funds. Galliher said the improvements being made would not be on a permanent basis. Ray then provided a slide presentation showing the county’s polling sites, and he described the improvements. Galliher said the largest expenditure of the HAVA funding would be for signage. She said the funds could be used only for accessibility improvements. Capital Projects Update: Support Services Director Vernon updated the board on the following capital projects. New Public Library: $6.63 million project is on schedule -- no change orders have occurred. Iredell County Government Center-South/North Carolina Department of Environment & Natural Resources Renovation Project (ICGC-S/NCDENR): $1.75 million project is two months ahead of schedule -- should be completed June 1, 2004. Due to construction noise, courts moved back to municipal building for next eight weeks. Mooresville Health Building (Clodfelter Building) Conversion for Crossroads Behavioral Heathcare: In-house project estimated to save county $42,000 per year in leasing costs. Jail Annex Project/Hwy. 21: In-house project with $131,000 budgeted. Septic system has been completed. Estimate occupancy date of June 2004. In regards to the proposed sewer line extension, Vernon said it was being recommended that this be kept on a “back burner for a couple of years.” Vernon also shared information on the following needed facilities. Facilities Service Shop: An 8,000 to 10,000 sq. ft. metal building is needed due to the county currently leasing space at $18,000 a year. Animal Control Shelter: Present facility needs to be expanded by 2,000 sq. ft. Emergency Operations Center: Estimated space needs are 8,000 to 10,000 sq. ft. with estimated cost of $1 million. EMS Base/Brawley Peninsula: Possible joint venture with Lake Norman Volunteer Fire Department on approximately 1,500 sq. ft. of space with projected cost of $150,000. New EMS Base for Mooresville: Current ambulance bay at the government center-south is too small for the larger ambulances. Also, the “master parking plan” will go into effect when the DENR project is completed, and this will require EMS to relocate. Estimated cost for new base is between $250,000 to $350,000. Update from Communications Task Force: Communications Director David Martin, and Emergency Management Director Tracy Jackson discussed an 800 mhz project that would utilize both new and existing tower sites. Martin said it was anticipated that all of the municipalities would participate in the project, and he gave the following cost percentages: Iredell County 75%, City of Statesville 14%, Mooresville 11%, and 1% for the Town of Troutman. He said the costs had been spread out over a three-year period, and it was estimated the total cost would be $10,532,480. Martin said the infrastructure,,alone, would cost $4,680,000.00, and the consultant’s expenses would be $220,481. 9 Chairman Johnson asked about potential grants for the project. He said he knew the communications department wanted to move forward, but he didn’t want to preclude any grants. Jackson said there were no guarantees on any grants. Martin said, “The bottom line is that we will have to transition to digital.” He said an 800 mhz system was a “hot commodity” at the present. Martin said he needed some direction, because he had to turn in his FY 04-05 budget. Jackson said the municipalities were also looking to the county for direction. Johnson asked if the municipalities were going to help with the consultant’s cost. Jackson said yes. Johnson suggested that the board look at the capital needs in relation to the 800 mhz project. UPDATE ON NUCARE: EMS Director Lee Darnell said that after a year of trying to work with the NuCare Ambulance Service, that improvements were occurring. He said the company had hired a compliance officer, and this person’s sole duty would be to make sure the company was compliant with state and local standards. Darnell said (1) NuCare’s trucks were for the most part in compliance and (2) the company had purchased new equipment. He said that with these changes he was comfortable enough, for the time being, with the operations of NuCare. Johnson asked if Darnell would continue to monitor the business. Darnell said he would be aggressive, and he would continue to inspect and monitor on a regular basis. UPDATE ON THE NEW SOCIAL SERVICES BUILDING: MBAJ architects Rob Johnson, Grace Wallace, and Bill Ashland (quality assurance), presented information about the new social services building. Also present were Social Services Board Members Mac Lackey and William Jones, and several social services employees. R. Johnson and Wallace shared drawings of a master plan that included the social services building, a new county maintenance building, and a future office building. R. Johnson said the design development stage for the social services building would conclude by the end of March, and it would be followed by a presentation of probable costs to the commissioners. He said the construction document/bidding stage would extend through the end of September, and then it was estimated the project would take 14 months for completion. At 5:30 p.m., Chairman Johnson motioned to conclude the Friday portion of the winter planning session. (He announced the session would resume on Saturday, February 14, 2004, at 8:30 a.m.) VOTING: Ayes — 5; Nays — 0. 10 | | | Winter Planning Session Agricultural Resource Center (Conference Rooms 1 & 2) 444 Bristol Drive Statesville, NC Saturday, February 14, 2004 Commissioners present were: Chairman Stephen D. Johnson Vice Chairman Godfrey Williams Doug Madison Marvin Norman Sara Haire Tice Staff_present_were: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Support Services Director Jim Vernon, Cooperative Extension Service Director Ken Vaughn, and Clerk to the Board Jean Moore. Media in attendance were: Michele Harrison, Statesville Record & Landmark, Gerald Witt, Mooresville Tribune, and Kim McKinney, Iredell Citizen. JOINT MEETING WITH THE PLANNING BOARD: Members of the Planning Board joining the commissioners for this segment of the session were Eric Fields (Chairman), Harry Tsumas Jr., Mitzi Waddell, Kristi Pfeufer, Alan Williams, Franklin Rash, Jeff McNeely, and Anita Johnson. Planning Supervisor Ron Smith and Inspections/Planning Director Lynn Niblock shared a demographic report containing information on the county’s population, land development, housing, education, agriculture, and economic characteristics. The planning board members were told that in regards to open space, the parks policy had been amended by allowing a 50/50 cost split with athletic associations, Ruritan clubs and other interested organizations. It was also mentioned that the match could be in the form of land, cash, or labor. County Manager Mashburn said that in the 1990s, when the parks policy was adopted, it was a “one-plan-fits all,” which had not worked. Commissioner Williams said the county’s citizens knew about the Stumpy Creek park, and if they resided in areas other than the southern end, they asked about having their own facility. He said the county helped in creating Stumpy Creek, but there were several other organizations, groups and individuals that helped. McNeely asked if naming rights would be involved in the park proposal. Mashburn said this was already an option. Johnson said there was a threshold of money needed to name picnic shelters, dugouts, and benches. Williams said that up until yesterday, when the policy was changed, the only way to obtain land was through a gift. Madison said the Stumpy Creek land was donated, and there was a good solid core of people who helped in the project. Harry Tsumas and Anita Johnson then discussed the past efforts of the planning board regarding open space. McNeeley asked if the commissioners wanted the planning board to “revisit” the open space matter. 11 Steve Johnson said he didn’t want to “revisit” the matter again. He said the county tried it for three years, and it generated only $11,000. Madison said green space was needed in the cities, but there wasn’t much of a need in counties where people had front and backyards. He said there was a way to raise money for parks, and it was called raising taxes. Anita Johnson said that every time the planning board members went to charrettes, open space was asked about. Madison said open space was basically something the recreation advisory committee should be handling. Anita Johnson said the planning board members needed to know what other groups were doing, so there could be some coordination in the planning. Tsumas said the schools assumed much of the extra cost. He said sewer lines were constructed by the school systems, and then, others tapped on to them. Steve Johnson said there had been much coordination between the county and the schools. Fields asked the commissioners for input on the projected turnover time regarding the jurisdictional control of the Langtree Road area. Specifically, he asked if the Town of Mooresville would soon be asking for control over the area. Madison said CMUD (Charlotte Mecklenburg Utilities Commission Department) had water sewer just south of the area. Tice said it was her understanding that CMUD was having problems and probably wouldn’t be interested. Fields asked if the commissioners were comfortable with the Langtree area being controlled by Mooresville in a “piecemeal fashion.” Smith said he was often asked when a small area plan would be created for the area. He said the property owners wanted to know what Mooresville planned to do. Mr. Smith said the Lowe’s vendors would need water sewer and they would apply to the Town. Smith said the most popular opinion would be to release jurisdiction to Mooresville. He said there probably wouldn’t be that much residential development occurring in the area. Norman asked if Mooresville had a timeframe. Smith said Mooresville was working on a timeframe for the line extensions. Fields said there were two ways for the development to happen, and these were (1) just let it happen or (2) devise a plan for orderly growth. He said the citizens and the Town would welcome a plan. Madison asked if an Urban Services Area (USA) would work for the area. Smith said yes, but the question was about timing -- the property was turning over so fast. Madison asked, assuming the commissioners agreed to establish a plan of this type (USA), if Smith could work with the Mooresville officials to create it. Smith said yes. Madison said some citizens would blame the commissioners about not being able to vote for their representatives. 12 Fields said the commissioners might get a “black eye,” but the citizens were now saying that no one knew what was going on. Madison said the commissioners couldn’t promise anything. He said development in the Brawley School Road area had occurred piecemeal fashion. Madison asked if it had been done well. Fields said that in his opinion it had not. Waddell said the actions of the Mooresville town officials were blamed on the commissioners. Tsumas said he agreed that some people might say there was taxation without representation, but that Statesville had been working on its USA for the past two years. He said Mooresville would already be developed by the time a plan could be implemented. Steve Johnson said there could always be a plan, but there was a “free market.” He said the commissioners had consistently approved ETJs on commercial properties, but it was the entity that had the sewer lines that had the control over the area. Anita Johnson encouraged the commissioners to meet with the Mooresville officials. Smith said a plan could be developed and broken down into geographical areas, or it could be a combination. Steve Johnson agreed with Smith -- that the overlay plan on the road could be extraterritorial jurisdiction and everything else in the outlying areas could be in an Urban Services Area. Smith said he would talk to the Mooresville officials and share the information. Madison said he thought a joint meeting with Mooresville and Troutman might be a good It was mentioned that a joint meeting with Statesville and Trouman might also be helpful. McNeely asked about the proposed airpor expansion and control by Statesville. Steve Johnson said he didn’t think there was any inclination on the city’s part to run sewer in that area. He said it was his opinion that the city did not intend to run its lines anywhere other than the airport site. The joint meeting with the planning board concluded at 10:25 a.m. Discussion on the Purchase of Development Rights (PDR): Jim Dobson, Chairman of the Voluntary Farmland Preservation Board, provided information on PDRs. He said the Farmland Preservation Board, since 2001, had been studying tools that might aid in the preservation of farmland, and PDRs were one of the methods being recommended. Dobson said PDRs offered incentives to farmers to retain their property for agricultural use. A letter sent by Mr. Dobson indicated that the concept allowed “landowners to voluntarily sell the development rights from the land to an agency. The agency then paid the landowner the difference between the agricultural value and the ‘highest and best use’ value and then placed an agriculture conservation easement on the property. The easement ‘runs with the land’ and can have a time period of 15-30 years or it can be perpetual. Easements can be drawn up to cater to agriculture activities by allowing new construction of farm buildings and allowing land subdivision for employees and family members.” Dobson said his board was not asking for money, but instead, was asking for the opportunity to work on a plan. He said there were grants and foundations that might assist financially, as well as trust money. Mr. Dobson said everything needed a starting point, but that if the county didn’t act soon, he was afraid many opportunities would be gone. He said it would take time to write a good plan, and his group desired to have coordination between several agencies on the project. Chairman Johnson asked if the county needed to be the lead agency. 13 Dobson said the preservation board desired to write up a plan, and there would be a qualifying process. Johnson asked how much labor would be needed from the county staff. Dobson said assistance from the planning supervisor and the staff members who were already assisting the preservation board would be sufficient. Commissioner Williams asked if the land would need to be included in the preservation program to qualify for a PDR. Dobson said no, however, points might be given to the properties already included in the preservation program. Planning Supervisor Smith said Rowan County had implemented a PDR program, and he had heard many favorable comments. He said it was his understanding that over $100,000 had been appropriated. Madison said he recalled a past Board of Equalization and Review case involving a housing authority that was allowed to sell off tax credits to make it profitable. He said the authority appealed to the county by saying the property wasn’t worth as much as what was on the tax books. Madison said he had concerns this might also happen in a PDR program, and he requested the preservation board to be aware of this type of situation. by Commissioner Madison to allow the county staff and the Farm Land Preservation Board to proceed in the planning process for the Purchase of Development Rights. VOTING: Ayes — 4; Nays - 0. (Note: Commissioner Norman had momentarily excused himself from the meeting prior to the vote on the PDR.). County Manager’s Comments on the Farm Use Task Force’s Findings of Fact Regarding the Tax Administrator’s Department: County Manager Mashburn said that as directed by the board on February 3, 2004, he had reviewed the task force’s findings, met with several individuals, and written up his comments. He then read the following report. (Note: The task force’s findings are in regular print, and the manager’s comments are in bold italics.) Manager’s Report to Board of Commissioners Regarding Farm Use Task Force Findings 2/13/04 Findings of Fact: A. General Statute 105-277.2 through 105.277.4 and General Statute 105.296(j) as adopted by the 2002 session of the General Assembly appear to allow for reasonable latitude in interpretation and implementation of the present use value tax system. The Iredell County Tax Assessor appears to not follow the state statutes. After reviewing the report and interviewing staff in the assessor ’s office, I concur with the finding that the Iredell County Tax Assessor’s office has not always followed the statutes. I am of the opinion, however, that failure to do so was more the result of (1) having failed to properly and adequately train the person(s) responsible for administering the farm use program, and (2) using forms that were outdated and were not checked to see if they were in compliance with state statutes. I do not, however, concur that the statutes allow as much latitude in implementing and enforcing the statutes, as the task force would imply. B. It appears that there is a need for more appropriate supervision of, and within, the tax department regarding interpretation and implementation of the respective statutes. (See attachments 1, 2, 3, and 4) There appears to be disregard for the 14 applicable statutes specifically G.S. 105-296(j) which states the owner has 60 days from the receipt of a written request to respond with information. Again, I concur that the finding of the task force can be substantiated by a review of the forms that were used which would certainly imply that an applicant for farm use had only 10 or 15 days to provide requested information. As stated before, I feel this is more a factor of inadequate training than deliberate intent to ignore the statutes. Within the tax office it appears there have been inappropriate actions such as treating taxpayers with a lack of respect, dignity, and professionalism as well as being overly and erroneously authoritative. (See attachments 2, 4, 5, 7, and 8) Although the task force provided claims from a few individuals that they were not treated with respect and dignity, my office has received just as many calls or notes i saying that they had always been treated with dignity and respect. Regardless, even if there are a few that feel mistreated, the management of the assessor’s office has a responsibility to review these concerns and take corrective action. The Director of Tax Administration is aware of his responsibility in this regard, and has scheduled several staff members to attend a seminar on how to handle people with tact and skill. This seminar was conducted by Fred Pryor Seminars, a firm well respected for its expertise and success in this area (www.pryor.com). Dz. Income tax forms being requested, copied and retained by the tax office to prove an individual landowner’s qualifications for present use taxation is found to be distasteful and offensive. (See attachments 1, 3, 4, 7 and 8) Although there is still some confusion as to exactly when individual income tax forms can be requested, or required, it does appear that there were several occasions when the form was improperly required and copied. Again, my conclusion is that the person selected to administer this program was not properly and adequately trained. As of this date, all known copies of individual tax returns have been returned to the taxpayer (see copy). Using the Schedule F is still an acceptable way to determine eligibility, and will still be one of the options available to applicants for farm use. E. The tax office has a policy of applying a per acre income statement to prove sound management. The farmer has a minimum of six options to prove sound management and the per acre income test is only one of them. The tax office appears to refrain from informing the taxpayer of his options for proving sound management. (See attachments 1, 3, 4, 7 and 8) I concur with the finding of the task force. In the future, the Director of Tax Administration will develop forms and provide instruction to employees in order to insure that each applicant for farm use, or review, is notified of all permitted options to show sound management. F. It appears that employees of the tax assessor’s office are giving unsolicited legal advice on estate planning which is in violation of the NC Bar Association rules. (See minutes of October 30 meeting) I do not feel that tax assessor employees were giving legal advice, but merely informing applicants based on their experiences and training. Task Force Recommendation: I have reviewed these recommendations and so has the Director of Tax Administration. The Director of Tax Administration will seriously evaluate each recommendation and implement procedural changes to comply to the extent that laws and codes will allow. Manager’s Comments: While conceding that several errors have been made in the administration of the farm use statutes, that in itself is an over simplification of the complexity of administering the property tax laws in North Carolina. I think there is still some confusion about what exactly the statutes require. There is also confusion about how much latitude the tax assessor ’s office 15 has in implementing the provisions of the statutes, and how much authority the Board of Commissioners has in seeking to address grievances brought to it by tax payers. I think there is still some confusion by members of the General Assembly and those at the Department of Revenue as to what resources are available to help the tax office meet its responsibilities to carry out the provisions of the property tax laws. In order to help establish a fair and equitable farm use program in Iredeli County, and at the same time ensure compliance with the laws of the state, and to rebuild confidence in those who are appointed or selected to administer the program, I concur with the recommendation to appoint an advisory group to review policies, procedures, and practices, and to serve as a resource to the tax office in carrying out the functions of that office as it pertains to farm use. This has to be done in such a way as not to circumvent the provisions of the statutes or to place one group of taxpayers in an inequitable position. A committee made up of agricultural interest, policy makers, and tax administration should go a long way toward developing a farm use program in Iredell County that meets the statutory requirements, yet administers them in a fair and equitable manner. In conclusion, there is one particular provision of the statutes that has been responsible for much of the consternation we have gone through on this matter. GS 105-296(j) makes it clear that the tax assessor’s office must give a taxpayer 60 days to provide requested information when a review is being done. As I mentioned earlier, prior to January of 2004, there were times the assessor’s office did indeed request additional information, and gave only 10 or 15 days. This was wrong and has been corrected. However, in the matter of an appeal before a board of equalization, a different set of statutes applies, and it is clear in GS 1 05- 322(3), that the Board of Equalization and Review has the power to subpoena witnesses and documents, and the 60 days to respond is not a provision of this statute. Granted, the request to Texolina for additional information was not done by a formal subpoena; it was done under the provisions of 105-322 — not 105-296. The above is just another example of how confusing it can become in attempting to administer the tax laws in North Carolina. If farm agencies, lawyers and legislators are unclear on some of the provisions, then it is not unreasonable to expect those charged with the responsibility to carry out the law, to be somewhat confused from time to time, All the more reason, in my opinion, to have the entire process reviewed by stakeholders with a predisposition to search out what is fair, equitable and true. (End of Manager’s Comments) (Note: The attachments cited in the manager’s comments and the Farm Use Task Force’s Findings of Fact are hereby incorporated into the minutes by reference. They may be reviewed in the office of the clerk to the board.) Commissioner Norman said he was concerned that there was still not a method or mechanism in place to aid citizens when they wanted to voice a complaint. Mashburn said that if a citizen wasn’t satisfied, he or she could express their concerns to the department head, or the county manager, but in the end “it would probably wind up going to the commissioners.” He encouraged the board members, when this happened, to refer the citizen back to him. Norman asked if anything was posted in county buildings advising where citizens could express their concerns. Mashburn said nothing was posted, but Mr. Norman made a good point. Norman asked if the tax employees received training. Mashburn said the North Carolina Department of Revenue provided training and the county’s employees did attend. He said it was advantageous, many times, for the staff to hold community meetings to explain new laws, e.g., the inspections department had done this on a few occasions. Commissioner Williams said the Cooperative Extension Service had held meetings about the farm use statute change, but they were not widely attended by the public. Mashburn said confidence in the tax administrator’s office needed to be rebuilt, and he didn’t think it was beyond repair. Mashburn said that in the past, the county had basically ignored the auditing requirements, but a mechanism to begin the process was implemented a year and half ago. 16 Concerns were still expressed by the commissioners. Some of these were (1) not having a clear understanding on how farm use affected incorporated farms, (2) the staff giving out legal advice and (3) the cancellation of a Board of Equalization and Review Meeting when an individual had traveled from Texas before receiving word of the cancellation. MOTION by Commissioner Madison to take under advisement the manager’s comments, along with those of the Farm Use Task Force, and to schedule a personnel closed session either after this meeting, or at the close of the Tuesday, February 17 meeting. VOTING: Ayes — 5; Nays — 0. Note: Chairman Johnson suggested for the closed session to occur immediately following the February 17, 2004 regular meeting. Continuation of Discussion Regarding Capital Projects for the County: Chairman Johnson mentioned the 800 mhz project and his concerns about the consultant’s expenses ($220,481). Mashburn said the emergency management director and the communications director were knowledgeable, but he didn’t know if they could figure out all of the intricacies involved in a project of this magnitude. Johnson said that before the board made any monetary commitments, he would like for the communications committee to look at the project again. Mashburn said the time span could probably be changed on the project, but he didn’t think it needed to be included in the capital projects plan. Victor Crosby Discusses the Need for Water Reservoirs, Air Quality Improvements, and a Plan for the Maintenance of Farm Lands: Mr. Crosby said in past years there had been droughts and floods and the affected areas had bounced back. He said now, however, the environment had changed and growth continued to happen. He said rainfall was occuring, but it was hitting concrete and not going back to the oceans. Crosby said facilities needed to be constructed to hold the rainfall. Mr. Crosby said the State of lowa was using soybean oil to help clean the air. He mentioned that in the future, the county might start losing transportation funds because of the poor air quality. Crosby said many children were having health problems due to a diminished lung capacity. Crosby asked the board members to find ways to keep farms viable and profitable. No action was taken on Mr. Crosby’s requests, but he was thanked for his appearance before the board. Adjournment: At 12:30 p.m., Chairman Johnson motioned] to adjourn the winter planning session. VOTING: Ayes — 5; Nays — 0. f Approved: fat f. PII A oe ie ( Clerk to the Board 17 IREDELL COUNTY BOARD OF COMMISSIONERS BRIEFING MINUTES FEBRUARY _17, 2004 The Iredell County Board of Commissioners met in Briefing Session on Tuesday, February 17, 2004, 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, Planner Rebecca Harper, Tax Collector Joe Ketchie, Tax Administrator Bill Doolittle, Purchasing Agent Evie Caldwell, Solid Waste Director Ron Weatherman, Sheriff's Chief Deputy Rick Dowdle, Communications Director David Martin, Allied Health Services Director Norma Rife, Librarian Myra Patterson, Secretary/Bookkeeper Libby Stewart, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. REQUEST FROM THE IREDELL-STATESVILLE SCHOOL SYSTEM FOR PERMISSION TO TRANSFER CURRENT EXPENSE FUND BALANCE TO CAPITAL OUTLAY FOR CONSTRUCTION & RENOVATION PROJECTS ($583,448): Dr. Terry Holliday, Superintendent of the Iredell-Statesville Schools, and Terry Haas, the Finance Director for the school system, requested permission to transfer $583,448 out of undesignated fund balance totaling $3,080,026 and to place it in capital outlay for construction and renovation projects. Holliday said the board of education had a goal to maintain an undesignated fund balance that was equal to 10% of the revenues, and the transfer would leave a sufficient amount ($2,496,578) to meet this requirement. Chairman Johnson asked what was planned for the $583,448. Holliday said the usage depended upon the commissioners. DISCUSSION REGARDING THE 50/50 PARKS PLAN: County Manager Mashburn asked if municipalities were eligible to participate in the 50/50 parks plan. Commissioner Williams said he envisioned the plan to be used for the “best public use.” Williams said he didn’t want to see several parks clustered in one area. Commissioner Madison said he felt the municipalities had sufficient means to construct their own parks. Chairman Johnson said a precedent had basically been set in the past, and it was with private organizations. It was the consensus of the commissioners to stipulate that the 50/50 split would be with private organizations in the unincorporated areas of the county. ADJOURNMENT: Chairman Johnson adjourned the briefing session at 6:10 p.m. Approved: Iuusch A dag Qe C. Mar if Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES FEBRUARY _17, 2004 The Iredell County Board of Commissioners met in Regular Session on Tuesday, February 17, 2004, 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, Attorney Patrick Stutts, substituting for County Attorney Bill Pope, who was on vacation, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. INVOCATION by Commissioner Williams. PLEDGE OF ALLEGIANCE TO THE FLAG ADJUSTMENTS OF THE AGENDA: by Chairman Johnson to adjust the agenda by the following changes. Revisions: - Michael Lindsey will Speak instead of Jacki Power in Regards to Opposition of a High-Density Option Request in the Spring Acres Subdivision - Budget Amendment #24 for the Register of Deeds’ Department will be amended from $18,945 to $12,445 Additions: - Closed Sessions Pursuant to G.S 143-318.11(a) (3) Legal and (6) Personnel Deletions: - Request for Continued Discussion/Resolvement of the NuCare Ambulance Matter VOTING: Ayes — 5; Nays — 0. APPOINTMENTS BEFORE THE BOARD Chuck Houchins Addresses the Board and Requests the Adoption of a Proclamation Entitled, “A Proclamation Supporting the Recognition of God as the Foundation of Our National Heritage”: Mr. Houchins requested approval of the following proclamation, and if approved, he requested for it to be shared and recommended to the other governing officials throughout the State of North Carolina. A Proclamation Supporting the Recognition of God as the Foundation of Our National Heritage WHEREAS, our Government was founded upon a trust in God, that was evident when our Founding fathers proclaimed in America’s first official document, our Declaration of Independence, that our rights to life, liberty and the pursuit of happiness, were not given to us by government, but by God “our Creator,” the “Sovereign Judge of the Universe”; and WHEREAS, it is fact that between 90 and 95% of those who drafted and signed the US Constitution had a strong belief and trust in God and never ever intended that there should be a separation between Him and the affairs of Government, only that each citizen be free to choose on a personal basis how to worship, or if to worship; and WHEREAS, the recognition of God by our Government further established when Congress, in 1954, added the phrase “ONE NATION UNDER GOD,” to our Pledge of Allegiance, followed in 1956 by the official establishment of, “IN GOD WE TRUST,” as our National Motto; and WHEREAS, there is now a growing demand by some within the Judicial System to remove all visible recognitions of God from public institutions, which has recently resulted in a Federal Order to physically remove the Ten Commandments Monument from the Alabama State Supreme Court, rightfully placed there by the Chief Justice of the Alabama State Supreme Court to remind all that God is central to our National Heritage, and His Ten Commandments, without question, the foundation of American law, moral values, and code of conduct. THEREFORE, the Iredell County Board of Commissioners urges all American citizens, to proclaim to every level of Government (Local, State and Federal) about the need and responsibility to publicly recognize God As the Foundation of Our National Heritage, ...LEST QUR NATION FORGET AND OUR CHILDREN NEVER KNOW! by Commissioner Williams to approve the proclamation as presented and for it to be recommended for approval to other commissioners throughout the State of North Carolina. VOTING: Ayes — 5; Nays — 0. Bill Crummett Addresses the Board and Requests Permission to Solicit on County Property for the Leukemia and Lymphoma Society: Mr. Crummett said he was interested and involved in the Leukemia and Lymphoma Society due to some recent illnesses in his family. He requested permission to solicit on county property for the purpose of participating in a cycling event (“Team in Training”) that he and his wife planned to take part in at Lake Tahoe, Nevada. Crummett said $2,200 had already been collected, and his personal goal was $5,000. He said Elaine, his wife, had her own goal. by Commissioner Madison to approve Mr. Crummett’s request to solicit on county property for the Leukemia and Lymphoma Society. VOTING: Ayes — 5; Nays — 0. Charles Binder Addresses the Board in Regards to a High-Density Option Request in the Spring Acres Subdivision: Mr. Binder, a resident of 105 Ridge Top Road, in Mooresville, NC, said he lived near a site that was being reviewed for an assisted living facility (Independence at Ridge Top). Binder said the developer planned to build on three acres of land that had a steep slope (60 ft. elevation). He said the construction would involve the removal of approximately 2,000 trees and saplings, and these would be replaced with one and a quarter acres of hard surface along with six trees. Binder said this would worsen the erosion and run-off that was already occurring in the area. Mr. Binder said he understood the developer planned to have a detention pond, but he was not optimistic about the successfulness of this type of structure since one was already in his neighborhood (50 ft. from Binder’s home). Mr. Binder then reviewed the special use application submitted by the developer, and he challenged the responses. He said his neighborhood had 114 residents, and 37 of them were children. Binder said the streets were designed for limited residential use, and they were barely 18 ft. wide. He said that according to Department of Transportation figures, an assisted living facility would add 238 daily vehicular trips to the subdivision that already had a traffic count of about 700 per day. Binder said the facility would not blend in with the harmony and character of the 100-acre neighborhood. Michael Lindsey Addresses the Board in Regards to a High-Density Option Request in the Spring Acres Subdivision: Lindsey, a resident of 173 Trollingwood Lane, Mooresville, NC, spoke on behalf of 77 petitioners in opposition to the proposed Independence at Ridge Top Assisted Living facility. Lindsey said the high density application and the proposed development did not comply with the county’s land use development plan or the accepted watershed protection guidelines. In addition, Lindsey said the proposed development did not have a chance of being certified by the State Department of Health and Human Services, due to the county having a surplus of adult care beds. Mr. Lindsey cited pages 8, 10, and 15 in the River Highway Corridor Study and discussed specific problem areas. Lindsey summarized his statements by re-emphasizing the following concerns about the proposed assisted living facility. Safety (238 additional trips a day) Property values (impact on water quality) Character of the neighborhood Conformity with the River Highway Corridor Study (This plan specifically calls for low density use in the Spring Acres area and recommends the use of transitional areas to protect single-family homes.) Need (Iredell County is overbuilt in adult care beds -- 494 surplus). Mr. Lindsey requested that the board reject the high-density application, or any application of this type, in the Spring Acres Development. PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Consideration of a Small Cities Community Development Block Grant (Economic Development Program) for the FlexSol Packaging Corporation (3610 Taylorsville Highway, Statesville, NC): County Manager Mashburn said the purpose of this hearing was to receive public comments regarding a proposed application for a Community Development Block Grant. He said the grant request amount of $200,000 would be used by the EnergyUnited Water Corporation to construct 2,600 linear feet of 12-inch waterline, along with a meter vault to provide public water access to the FlexSol Packaging Company. In addition, he said that with the infrastructure improvements, the company would be able to expand its 34,600 sq. ft. facility by an additional 22,800 sq. ft. He said the project would create 24 new jobs. No one else desired to speak, and Chairman Johnson adjourned the hearing. (20 action needed) Chairman Johnson declared the meeting to be in a public hearing. Consideration of a Small Cities Community Development Block Grant (CDBG) (Economic Development Program) for the Carolina CAT Project (Intersection of I-40 & Stamey Farm Road): County Manager Mashburn said the purpose of this public hearing was to receive public comments regarding a $200,000 Community Development Block Grant application. He said the grant funds would enable the West Iredell Water Corporation to extend 7,200 linear feet of 8-inch waterline to a 13,000 sq. ft. facility to be occupied by the Carolina CAT Company. Mashburn said the project would create 20 jobs. No one else desired to speak, and Chairman Johnson adjourned the hearing. (no action needed) ADMINISTRATIVE MATTERS Request from Anthony J. Mariano Jr., for Approval of a High Density Option in the WS-IV Critical Area (Location: Ridge Top Road, off River Highway, in Mooresville, NC / Proposed Usage of Property would be for an Assisted Living Facility): Planner Rebecca Harper said Mr. Anthony Mariano desired to develop under the high density guidelines in the WS-IV Critical Area Watershed Area (Section 507 of the Iredell County Watershed Protection Ordinance). Mrs. Harper said the developer desired to exceed the standard allowance of 24% and to develop the property up to 41.2% impervious surface. She said Mr. Mariano was proposing a wet detention pond that would be capable of removing 85% of the total suspended solids from the first one-inch of a rainfall. Harper said the property was zoned Residential Agricultural, and it was designated for only low density residential uses in the River Highway Corridor Study. She said the proposed use of the tract would not comply with the designated land use, and it would be out of character with the residential development. Mrs. Harper said that for these reasons, the staff recommended denial of the request. MOTION by Commissioner Tice to deny the request of Anthony J. Mariano Jr., for a High Density Option in the WS-IV Critical Area for property located on Ridge Top Road, in Mooresville, NC. VOTING: Ayes — 5; Nays — 0. Request for Continued Discussion/Resolvement of the Farm Use Tax Matter: The county manager provided his comments regarding the Farm Use Task Force’s findings on February 14, 2004, during the winter planning session. Chairman Johnson asked if any board members desired to make further comments, and no one desired to do so. MOTION by Chairman Johnson to approve the following 14 consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. Request from the Bonanza Development Corporation for the Release of Zoning and Subdivision Jurisdiction (ETJ) to the Town of Mooresville for Property Located at 912 Brawley School Road, in Mooresville, NC: During the briefing session, the planning staff advised that the Bonanza Development Corporation was requesting the extraterritorial release of a 1.1 acre tract to the Town of Mooresville. The staff also stated that: - the property was within the Town’s urban services boundary - the property was currently zoned Residential Agricultural and it was designated for transitional usage (office and institutional) in the Brawley School Peninsula Small Area Plan - the proposed service usage (neighborhood business) complied with the designated land use and would not be out of character with the area. 2. Request from Chen Development LLC for Approval of a Resolution of Intent to Close Holland Street, in its entirety, and to Abandon the Recorded Right- of-Way (Location: Home Depot Shopping Center, Turnersburg Hwy., Statesville, NC): Planning Supervisor Ron Smith advised during the briefing that Chen Development LLC had requested the closing of Holland Street. He said the request was in conjunction with the proposed closing/relocation of a portion of Fourth Crescent Place in the same vicinity. Smith said the first step in the request would be the adoption of a resolution of intent. He said the street was situated in the City of Statesville’s extraterritorial jurisdiction, but there were no objections to the closing. In addition, he said the closing would not deny access to any property owners, and the staff recommended approval. (Note: The closing of this street will occur under G.S. 153A-241.) <a RESOLUTION OF INTENT BY THE BOARD OF COMMISSIONERS, IREDELL COUNTY, NORTH CAROLINA, TO ABANDON HOLLAND STREET IN ITS ENTIRETY WHEREAS, in 1946, the Twin Oaks Subdivision plat was recorded in Plat Book 3, Page 151, of the Iredell County Registry, which shows Lots 27 through 34 and the Holland Street right-of-way as they were recorded on a plat dated August 10, 1946. Since that time, lands surrounding the site have been recombined and the other portions of Holland Street have been abandoned; and WHEREAS, the section of Holland Street that the petitioner seeks to be abandoned is approximately 250 feet in length and 25 feet in width. It is bound to the south and east by lands of the petitioner, and it is bound to the north by lands of Ruby M. Pierce and Margaret R. Henderson; and WHEREAS, the street is located adjacent to Iredell County Parcel Numbers 4745-37-9552, 4745-37-8429, 4745-47-0534; and WHEREAS, all landowners have a convenient access to their property and have consented to the abandonment of the road pursuant to G.S. 153A-241; and WHEREAS, the abandonment of a portion of said street is not contrary to the public interest and no other individual owning property on the said street, other than the petitioners, would be deprived of reasonable means of ingress or egress to his/her property. NOW THEREFORE BE IT RESOLVED by the members of the Board of County Commissioners of Iredell County, North Carolina, that they hereby declare their intention to abandon that portion of the public street herein described, and call for a special hearing on the question to be held on the 6th day of April, 2004, at 7:00 p.m. in the Commissioners Meeting Room, of the Iredell County Government Center (Old Courthouse) at 200 S. Center Street in Statesville, North Carolina and that a copy of this resolution be posted, published, and mailed by registered or certified mail as required by G.S. 153A-241. x OK * * 3. Request from the Iredell-Statesville School System for Permission to Transfer Current Expense Fund Balance to Capital Outlay for Construction & Renovation ($583,448): This transfer will decrease the current undesignated fund balance of $3,080,026 to $2,496,578 and allow $583,448 to be placed in the capital outlay account for construction and renovation projects. (Specific projects have not been identified.) 4. Request from the Tax Collector for Acceptance of the Unpaid 2003 Real & Personal Property Tax Listing & a Request for an Advertising Date to be Established for Wednesday, April 21, 2004: During the briefing session, Tax Collector Joe Ketchie presented the delinquent real and personal property spreadsheets. The board members agreed to allow the advertisement of the unpaid taxes on Wednesday, April 21, 2004, as required by G.S. 105-369(a). §. Request for Approval of the January 2004 Tax Refunds & Reieases: Tax Administrator Bill Doolittle, during the briefing session, requested approval of the following tax refunds and releases for the month of January. _2004 TAX RELEASES & REFUNDS Releases Refunds County $18,458.26 3,823.07 Solid Waste Fees 65.00 0 East Alexander Co. Fire #1 38.01 0 Shepherd’s Fire # 2 28.49 12.97 Mount Mourne Fire # 3 61.55 0 All County Fire # 4 1,545.25 1,002.97 5 Statesville City 1,136.79 651.29 Statesville Downtown 87.86 0 Mooresville Town 4,150.13 1,024.39 Mooresville Downtown 0 0 Mooresville School 825.92 394.72 Love Valley 244.05 0 Harmony 57.97 0 Troutman 0 0 Total $26,699.28 $6,909.41 A complete list is hereby incorporated into the minutes, by reference, of the individual tax releases and refunds. 6. Request for Approval of Bids for a Solid Waste Track-Type Tractor: Evie Caldwell, Iredell County’s Purchasing Agent, explained during the agenda briefing that $370,000 had been budgeted for a track-type tractor. She said bids were opened on February 9, 2004, from the following three vendors. Vendor Tractor Type Bid Amount Mitchell Distributing Co. Dressta TD20H $255,115.00 James River Equipment Co. John Deere 950C 308.550.00 Carolina Tractor CAT D7R 311,459.00 Mrs. Caldwell said all of the bids were for tract-type tractors, and they all included an option for a five-year warranty (full machine). She said the Solid Waste staff had evaluated the specifications/references on the low bidder (Mitchell Distributing) and everything was in order. Caldwell said the staff recommended that the bid be awarded to Mitchell Distributing in the amount of $255,115.00. Ts Request for Approval of Budget Amendment #24 for the Appropriation of $12,445 in the Register of Deeds’ Technology/Preservation (Reserved) Fund Balance for the Purchase of a Web Server: As explained during the briefing by Finance Director Susan Blumenstein, this budget amendment will appropriate Register of Deeds’ Fund Balance reserved for technology and preservation, and recognize additional technology & preservation funds received during FY 03-04. 8. Request from the Sheriffs Department for Approval of a Resolution Stipulating that $50 will be charged for “Service of Process” Originating Outside the General Court of Justice or other North Carolina Courts & Agencies: Chief Deputy Dowdle explained at the 5 p.m. meeting that approval was being requested to charge $50 for the processing of civil orders or “service of process originating outside of the general court of justice or other North Carolina Courts or agencies.” Dowdle said there was enabling legislation for this fee, and Attorney Bill Pope had reviewed the request. He said the revenues would be placed in the county’s general fund similar to what was already occurring with the present $5 fee. 9. Request from the Sheriff's Department for Approval of Budget Amendment #25 for the Transfer of Seized Funds for the Purchase of a Mobile Communications Command Post: Chief Deputy Dowdle, along with Communications Director David Martin, explained during the briefing that a mobile communications unit would be of great assistance during emergency situations. Dowdle requested permission to purchase a $127,000 unit, similar in style to a motor home, that could be driven and utilized throughout the county as needed. Martin said the Hall of Justice and its Annex occasionally received bomb threats, and it was difficult to evacuate the communications department. He said the mobile unit would allow several telecommunicators to dispatch from it up to seven days (fully equipped for this period of time). Both Martin and Dowdle described numerous occasions when the unit might be able to serve the county. 10. Request from the Library for Permission to Apply for Library Services & Technology Act (LSTA) Grants: Librarian Myra Patterson said during the 5:00 p.m. meeting that.Library Director Messick was requesting permission to apply for the following two grants. Grant Amount Local Match Total Funding Automated System Grant $69,600 $17,400 $87,000 Internet Infrastructure Grant 22,800 5,700 28,500 11. Request from the Library for Approval of Budget Amendment #26 to Recognize a $2,500 Grant from the Martin Luther King Jr. Commission: Secretary/Bookkeeper Libby Stewart reported during the briefing that a $2,500 grant had been received from the Martin Luther King Jr. Commission. The funding will be used for children’s library materials ($1,690), departmental supplies ($560), and é contracted services ($250). 12. Request from the Health Department for Approval of American Dental Association (ADA) Code Update Changes for FY 03-04 (Dental Fee Schedule): Norma Rife, the Allied Health Division Services Director, requested approval of the following fee schedule at the briefing. Mrs. Rife said the fees had been reviewed by Dr. Lane Putnam, a dentist, and member of the board of health. Rife said the fees would be retroactive to October 1, 2003. iredell County Health Department Fee Schedule 2003-2004 FEES FEES FEES FY 2003-2004 CPT CODE SERVICE DESCRIPTION Fy 2002-2003 FY. 2003-2004 eroactive 19/01/03 ALLIED HEALTH SERVICES D1204 — Fluoride Varnish (>13) -—— oe New $25.00 04210 Gingivectomy or Gingroplasty (4+ Cont Teettvquad) — ——— New $125.00 04211 Gingrvectomy or Gingivoplasty (1-3 Cont Teethvquad) —_— —_—- New $115.00 D4240 _— Gingival Flap + Root planing (4+ teeth/quad) —_— _—- New $125.00 04241 Gingival Fiap + Root planing (1 -3 teeth/quad) wa oo New $125.00 04342 Periodontal Scaling & Root Planing (1-3 teeth/quad) wore soe New $110.00 D4341 _—~Root planing (4+ teeth/quad) —— — New $141.00 D1520 Removal of space maintainer -uniiateral ad cae New $80.00 01525 Removal of space maintainer-bilatera! — — New $85.00 D1550 Recement space maintainer --— -——— New $60.00 D2110 | Amaigam 1 surf. - primary teeth $60.00 $60.00 Ovcieted Combined/Replaced w/ 2140 02120 Amaigam 2 sur?. - primary teeth $81.00 $87.00 Deieted Combined Mepiaced w/2150 02130 Amalgam 3 surf. - primary teeth $102.00 $102.00 Deteted Combinea/Repiaced w/2160 02131 Amaigam 4 sur?. - primary teeth $115.00 $7115.00 Deleted Combinec/Repiaced w/216! D2140 Amalgam 1 surf. - permanent & primary $66 00 $66 00 Combined w/21 10 $66.00 D2150 Amaigam 2 surf. - permanent & primary $83.00 $83.00 Combined w/2120 $83.00 D2160 Amaigam 3 surf. - permanent & primary $102.00 $102.00 Combined w/2130 $102.00 02161 Amaigam 4 surf - permanent & primary $124.00 $124.00 Combined w/2131 $124.00 D2336 Resin crown - primary $167.00 $167.00 Deleted ComoinedRepliaced w/2390 D2380 ~—- Resin 1 surf. - postenor pnmary $75.00 $75.00 Deleted Combined Replaced w/239! D2381 Resin 2 surf. - primary $98.00 $98.00 Deteted CompineaRepiaced a/2392 02385 Resin 1 surf. - posterior permanent $84.00 $84.00 Deieted Compined/Repiaced w/239' 02386 Resin 2 surf. - posterior permanent $117.00 $117.00 Deleted Comoined/Replaced w/2392 02387 Resin 3 sur’. - posterior p»rmanent $150.00 $150.00 Deleted Combined Replaced 0/2293 02390 Resin based composite crown primary ant — —— New/Combined w/2336 $167.00 02391 Resin based composite 1 surf posterior prim & permanent eotene aa New/Combined w/2380 $80.00 | 02392 Resin based composite 2 surf postenor prim & permanent a —_ New Combined w/2341 $120.00 02393 Resin based composite 3 surf posterior permanent —_— eawonn NewCombined w/2385 $160.00 02394 Resin based composite 4+ surf posterior permanent — —--- New $190.00 07111 Corona! Remnants-Deciduous Teeth —_— — New $80.00 07140 Extraction of Erupted Tooth or Exposed Root ooo —-— New/Combined wi7110 & 7120 $80.00 D7110 Ext. - primary & permanent $76.00 $76.00 Deleted now 7140 07120 Ext. ea. Additional tooth $76.00 $76.00 Deleted now 7140 07270 Tooth Reimpiantation and/or stabilization ——— —_— New $150.00 13. Request from the North Carolina Utilities Commission for the County to Consider being an Applicant for Grant Funds to Aid the Water Supply Systems in the Lincoln Estates & River Hills Heights Subdivisions: County Manager Mashburn said he had received a letter from the state utilities commission asking if the county would be an applicant for grant funds that might be available to aid the residents in the Lincoln Estates and River Hills Heights subdivisions. Mashburn said the utilities office was trying to locate funding to pay for water connections from the City of Statesville’s lines to the residences of the Lincoln Estates neighborhood, and money to construct similar lines from the Iredell Water Corporation to the homes of the River Hills Heights citizens. He said both subdivisions were being served by the Community Water Works; however, the company’s equipment was old and beginning to fail. Mashburn said that if the funding worked out, the county might have to own the lines for a period of time, and letters of agreement would have to be written and signed with the City of Statesville and the Iredell Water Corporation. 14. Request for Approval of the February 3, 2004 Minutes ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Nursing Home Advisory Committee (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (3 appointments): Commissioner Tice nominated Lynda Harmon and Rev. James Henderson. Commissioner Madison to close the nominations, appoint Harmon and Henderson by acclamation, and postpone the remaining appointment until the March 2 meeting. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee (2 appointments): Commissioner Tice nominated Pat Culbertson and Grady Mills. Chairman Johnson to close the nominations and appoint Culbertson and Mills by acclamation. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER’S REPORT (none) CLOSED SESSION: by Chairman Johnson, at 7:55 p.m., to enter into closed session for the purpose of discussing a legal matter -- G.S. 143-318.11(a) (3) and a personnel matter -- G.S. 143-318.11(a) 6). VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 9:40 P.M.) ADJOURNMENT: MOTION by Chairman Johnson at 9:40 p.m. to adjourn the meeting. (NEXT MEETING: Tuesday, March 2, 2004, 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. o Approved: _ GY an C, } Yrr— : Clerk to the Board CAuth DEPARTMENT OF CULTURAL RESOURCES DIVISION OF ARCHIVES AND HISTORY ARCHIVES AND RECORDS SECTION CERTIFICATE OF AUTHENTICITY This is to certify that the micrographic images appearing on this film are true and accurate reproductions of records originated during the normal course of business by the IREDELL COUNTY BOARD OF COMMISSIONERS and consist of MINUTES The records begin with Wie YEAR: M ack / 4, oou © PAGE: AJOT CONSECUTIVE and end with VOLUME: -—— YEAR: Febeuaay L7, 200 Y PAGE: AJOoT CONSE CcuT VE It is further certified that the above records were microfilmed in conformity with the provisions of the General Statutes of North Carolina, chapter 8-45.1 and 8-45.4, "Uniform Photographic Copies of Business and Public Records as Evidence Act"; that the microphotography processes accurately reproduce the records so microfilmed; that the film forms a durable medium for reproducing the original, if necessary; and that the film used conforms to American National Standards Institute, Photographic Films-Specifications for Safety Film, ANSI IT9.6-1991 and American National Standards Institute, Imaging Media (Film)-Silver Gelatin Type-Specifications for Stability, ANSI NAPM IT9.1-1992. This is further to certify that the microphotography processes were accomplished by the undersigned on the date and at the reduction ratio indicated below. 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