IREDELL COUNTY BOARD OF COMMISSIONERS PRE-AGENDA MINUTES. May 19, 2015

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1 IREDELL COUNTY BOARD OF COMMISSIONERS PRE-AGENDA MINUTES The Iredell County Board of Commissioners met in pre-agenda session Tuesday, May 19, 2015 at 5:00 PM in the Iredell County Government Center (South Wing Conference Room), 200 South Center Street, Statesville, NC. Board Members Present Chairman James B. Mallory III Vice Chairman Marvin Norman Tommy Bowles Steve Johnson Ken Robertson Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County Manager Beth Dirks, Finance Director Susan G. Robertson, Public Safety Coordinator Davie Saleeby, Attorney Lisa Valdez, and Clerk to the Board Retha Gaither. Call to Order by Chairman Mallory. Chairman Mallory stated the meeting will begin with Closed Session. The Board returned to open session at 5:40 PM. ADJUSTMENTS TO THE AGENDA County Manager Ron Smith reported the following adjustments to the agenda: Add: Announcement of Vacancies Mitchell Community College Board of Trustees (1 Announcement) Appointments to Board Troutman Board of Adjustment (1 Appointment) and Troutman Planning Board (2 Appointments) Commissioner Robertson asked to add the following: New Business Draft resolution concerning the I-77 Toll Lanes APPOINTMENTS BEFORE THE BOARD Request from the Health Department to Review the 2014 State of the County Health Report and the 2015 Community Health Assessment Process: County Manager Ron Smith said he asked Health Director Jane Murray to share this annual report with the Board. ADMINISTRATIVE MATTERS Request from the Emergency Medical Service to Approve BA #29 to Cover the Cost of Remounting an Ambulance: Assistant Director Steve Mauney said the cost of repairs to the 1

2 current ambulance is increasing and is requesting approval to move forward with the remounting now. This item was placed on the consent agenda. Request from Administration to Approve the Conveyance of Certain Real Property to the Iredell Statesville Board of Education: Deputy County Manager Beth Dirks said the agenda packet contains a resolution passed by the Board of Education on May 4 concerning Scotts Elementary, Statesville High School, and Woodland Heights. In 2003 and 2006 Certificates of Participation were issued for construction and equipment. There was also a lease agreement for Scotts Elementary and Woodland Heights Elementary. In 2006 there was another lease agreement for Statesville High School. All of these items have been satisfied and are no longer needed for collateral. As part of the lease agreement the Board of Education is exercising their right to purchase-back. Smith expressed concerns by Vice Chairman Norman during a recent phone conversation. The question is concerning property purchased by the County, given to the school system and then when the school decides to sell it, the County is asked to pay for it again. Ebenezer is an example. ISS has offered it to the County for a price. Vice Chairman Norman expressed the concern of paying twice. Attorney Lisa Valdez stated a revert clause could be placed in these deeds saying that if and/or when the property is not used for education purposes the County has first rights and there would be no reason to negotiate a price for something you had already purchased before. Vice Chairman Norman asked if the County needs the property in the future would the County have to pay for it again. Chairman Mallory said the right of first refusal is just a right to pay again which is not addressing the issue. The options are to transfer to them and retain some type of deed of trust so when it is sold the County is paid back or retain ownership and give ISS the right to use it. Commissioner Robertson said in the past the school system has taken the proceeds from the sale of property and used it to purchase other properties. Attorney Bill Pope said a condition could be crafted, to the conveyance, stating that if the property is not used for education purposes it must be first offered back to the County free. If the County did not want the property then ISS could sell it. Valdez said these particular leases have already terminated. Dirks said they have five years from Smith said he could begin with a conversation with school staff. This item was pulled from the agenda. Smith will make that adjustment during regular session. Request from the Register of Deeds to Approve BA #30 for Upgrades to Computer Hardware and Software: Register of Deeds Matt McCall said they had been with Cott Systems 2

3 for many years but he did research other options. They asked six companies for a quote. The plan is to replace the present server in Phase I. In Phase II they would use in-house IT and some contracted services for an additional server in the Mooresville office. Should there be any type of disaster in Statesville that would suspend services, they could spin off the server in Mooresville and be back in business in a few hours. The funds will be drawn from a savings account built from office transactions. Vice Chairman Norman asked if everything would be on-line with this change. McCall said yes. Currently, there are 10,000 registered and 2,000 nonregistered users for the ROD web site. The request is to reallocate money from the savings account for this project. The amount of the project will require a formal bid process. However, in the meantime he would like to begin some preliminary work. This item was placed on the consent agenda. Request from Tax Administration for Approval of the April Refunds and Releases: Smith said Commissioner Bowles has an indirect connection to one of the releases. Commissioner Bowles will sustain from voting. This item was placed on the consent agenda. ANNOUNCEMENT OF VACANCIES Industrial Facilities & Pollution Control Financing Authority (2 Announcements) Centralina Workforce Development Board (2 Announcements) Mitchell Community College Board of Trustees (1 Announcement) APPOINTMENTS TO BOARDS Troutman Board of Adjustment (1 appointment) Troutman Planning Board (2 Appointments) Smith stated Troutman has requested the Board suspend the rules and make these appointments tonight because of an upcoming meeting. Commissioner Robertson asked Commissioner Bowles if he would be willing to take over his appointment for the Centralina Workforce Development Board. Commissioner Bowles agreed. COUNTY MANAGER S REPORT Smith stated he met with Chairman Mallory, Commissioner Robertson, Erskine Smith and Thurston Houston concerning the request for Mooresville s Board to discuss ETJ releases. The results of that meeting is that Mooresville will review their policy and consider making adjustments quarterly or more often. A letter was crafted which will be sent to Erskine Smith. 3

4 Chairman Mallory recessed the Board until the regular meeting at 7:00 PM in the Commissioners Meeting Room. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES The Iredell County Board of Commissioners met in regular session on Tuesday, May 19, 2015, at 7:00 PM, in the Iredell County Government Center (Commissioners Meeting Room), 200 South Center Street, Statesville, NC. Board Members Present Chairman James B. Mallory III Vice Chairman Marvin Norman Tommy Bowles Steve Johnson Ken Robertson Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County Manager Beth Dirks, Finance Director Susan G. Robertson, Public Safety Coordinator David Saleeby, Attorney Lisa Valdez, and Clerk to the Board Retha Gaither. Call to order by Chairman James Mallory. He asked for prayers for the families of Frank Rader and Mac Herring who recently passed away. Invocation by Chairman Mallory. Pledge of Allegiance led by Chairman Mallory. ADJUSTMENTS TO THE AGENDA County Manager Ron Smith made the following adjustments: Remove: Administrative Matters Item B, Memo #5 Add: Announcements of Vacancies Mitchell Community College Board of Trustees (1 Announcement) Appointments to Boards Troutman Board of Adjustment (1 Appointment) Troutman Planning Board (2 Appointments) MOTION by Commissioner Steve Johnson to adopt the agenda as adjusted. 4

5 Commissioner Ken Robertson asked to make another adjustment to Add under New Business the resolution concerning I-77 Toll Roads. MOTION by Commissioner Steve Johnson to adopt the agenda as amended. PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Recognize Retiree Richard Boyd from Development Services: Chairman James Mallory stated that Richard has been an employee of Iredell County for over 40 years and has seen many changes. Building Standards Director Lynn Niblock expressed his appreciation and pleasure to work with Richard for the past 30 years. He said the department will miss Richard greatly but wished him much success in the next phase of his life. Commissioner Johnson stated he met Richard in July of He expressed his appreciation for Richard s insightfulness and willingness to serve yet be helpful to citizens. Richard is highly respected by all contractors and citizens of Iredell County. Chairman Mallory presented Richard with his retirement plaque and expressed his appreciation for his dedication. Boyd expressed his appreciation to Lynn Niblock and the Board of Commissioners. APPOINTMENTS BEFORE THE BOARD Request from the Health Department to Review the 2014 State of the County Health Report and the 2015 Community Health Assessment Process: Health Director Jane Murray introduced Meagan Kinley who is the Community Health Transformation Planner and Healthy Carolinians Task Force Facilitator. Kinley address the board and shared the 2014 State of the County Health Report and the process for the 2015 Community Health Assessment. This report is a requirement in the North Carolina Department of Public Health Consolidated Agreement and part of the North Carolina Public Health Accreditation Standards. The report consists of current demographic information, state and local data, and community progress made on selected high level health priorities during the previous year. One of the largest issues facing Iredell County is the growing infant mortality rate. Iredell County s infant mortality rate exceeds the State s rate. Tobacco use is related to poor birth outcomes. The leading causes of adult death are cancer, diseases of the heart, and chronic lower respiratory disease. The underlying contributors to preventable death are tobacco use, unhealthy eating, and physical inactivity. However, the smoking rates have begun to decrease. In regards to healthy eating Iredell County ranks better than the State in fruit and vegetable consumption by nearly 3%. Physical Activity is a crucial component to preventing chronic conditions and premature death. Only half of Iredell County residents get the recommended amount of aerobic activity and only one-third get the recommended amount of strength training. 5

6 The Health Department will begin a partnership with United Way to increase physical activity opportunities throughout the community. The issues mentioned will not disappear without a substantial amount of change. Therefore, the Health Department seeks to implement policies, environmental changes and establishe partnerships throughout the state, region, and county. Chairman Mallory asked if the Health Department had seen any improvement in health issues with so many employers implementing wellness programs. Also, what is the number one factor to the high infant mortality rate? Kinley said yes and they partner strongly with Iredell County s Wellness. She believes infant mortality rate is due to a combination of things but tobacco use is a main culprit. Commissioner Bowles stated, in his short tenure on the Health Board, he is pleasantly impressed with the staff for their commitment to seek solutions for health issues. PUBLIC HEARINGS Chairman Mallory declared the public hearing open. Request from Mooresville-South Iredell Economic Development to Consider a Tax Increment Grant for R. L. West: MSIEDC Executive Director Robert Carney expressed his appreciation to be heard before the Board. This request is for a tax increment grant (TIG) for Langtree Development Company, LLC. A tax increment grant is an incentive driven by performance based new revenue. This means the company must commit and preform necessary promises and investment commitments before they receive any incentive money. Expected impacts as a result of this TIG incentive is over one million square feet of vertical development, $218 million in new taxable market value, $121 million in annual retail sales, 1,945 permanent employees, $65 million in annual payroll, $2,331,000 in annual property taxes, and $2.4 million in local sales taxes to Mooresville and Iredell County. This project requires TIG assistance to meet the cost and demands of a 750 space parking deck. This deck will support the development of a Hilton Doubletree Hotel and Conference Center as well as a SwimMac aquatic center. This request is for approval of a tax incentive grant based on the full development of the following: 50,000 square foot SwimMac recreational development facility, 250 room Hilton Doubletree full service hotel and conference center and a 750 space parking deck. Upon successful development Iredell County would agree to pay 45% of increased tax value over the base line value of $70,499,770 with the incentive period starting in 2018 for a period not to exceed 13 years for a maximum of town and county incentive amount of $14.5 million or whichever comes first. No members of the public wished to speak. MOTION by Commissioner Robertson to approve a tax increment grant with Langtree Development Company, LLC in the amount of 45% of incremental taxes calculated on the base line assessed value of $70,499,770 as of January 1, 2015, based on Iredell County s valuation based on the following conditions: 1) such grant shall be conditioned upon the tax increment grant agreement and an agreement providing for public use a parking deck to be built by Langtree Development LLC; 2) such grant to begin only after the completion and approval for occupation of a 50,000 square foot SwimMac recreational swimming facility, a minimum 250 room Hilton 6

7 Doubletree full service hotel and conference center and a minimum 750 space parking deck; 3) any incentive payments to begin as further set out in the tax increment grant agreement; 4) the combine total contribution of the county and similar 45% incentive grant by the Town of Mooresville shall not exceed $14,500,000; 5) such incentive shall not be paid for more than 13 years from their beginning date regardless of the amount of incentives paid by the County. Chairman Mallory closed the public hearing. ***CONSENT AGENDA*** County Manager Ron Smith summarized the following items placed on the consent agenda during the pre-agenda session: Request from the Emergency Medical Service to approve BA #29 to cover the cost of remounting an ambulance. Request from the Register of Deeds to approve BA #30 for upgrades to computer hardware and software. Request from Tax Administration for approval of the April refunds & releases. MOTION by Vice Chairman Marvin Norman to approve the consent agenda. ANNOUNCEMENTS OF VACANCIES OCCURING ON BOARD AND COMMISSIONS Industrial Facilities & Pollution Control Financing Authority (2 Announcements Centralina Workforce Development Board (2 Announcements) Mitchell Community College Board of Trustees (1 Announcement) APPOINTMENTS TO BOARDS AND COMMISSIONS Troutman Board of Adjustment (1 Appointment) Bill Booker has been recommended. MOTION by Commissioner Tommy Bowles to appoint Mr. Bill Booker to fill the unexpired term of Wayne Rogers to the Troutman Board of Adjustment. Troutman Planning Board (2 Appointments) Randy Farmer and Mike Todd have been recommended. The Town of Troutman has asked the Board to suspend their rules by announcing and appointing during the same meeting. MOTION by Vice Chairman Marvin Norman to suspend the rules. MOTION by Commissioner Steve Johnson to appoint Randy Farmer and Mike Todd to the Troutman Planning Board. 7

8 UNFINISHED BUSINESS Inmate Reduction Monthly Report: Deputy County Manager Beth Dirks stated this report reflects the actual data from all three agencies: Annual Jail Cost From To New $47,865 # of Days Goal Inmates Reduced Date Date Processed 2/1/2015 3/1/ ($30,170) 3/1/2015 3/31/ ($42,420) 4/1/2015 4/30/ ($27,580) Goal New APO # of Days Reduced Annual Cost $86,400 New ADA # of Days Reduced Annual Cost $78,000 Inmates Goal Inmates Processed Processed* ($7,000) ($5,460) ($13,230) ($25,690) Beginning Jail Population Ending Jail Population Difference (34) Chairman Mallory asked if the ADA is bringing cases to trial that are not for a plea but to be tried. Dirks said with the Rocket Docket, the attorney talks with the ADA and the case is before a judge much quicker. Chairman Mallory asked if APO would be phased out. Dirks said yes. July 7 is the termination of APO. However, we will continue to track current participants in the program, but they are not accepting any new clients. PUBLIC COMMENT (None) NEW BUSINESS 8

9 Commissioner Ken Robertson stated the effort to widen I-77 has been going on for many years. Everyone is aware of the shortcomings of the current toll road proposal. He offered the following resolution for the Board s approval: * * * * * A RESOLUTION REQUESTING A FULL AND COMPLETE REVIEW FROM THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION REGARDING THE CONTRACT TO WIDEN I-77 WITH TOLL LANES BE IT RESOLVED BY THE IREDELL COUNTY BOARD OF COMMISSIONERS: WHEREAS, for a decade, various regional transportation planning boards, the North Carolina Department of Transportation; and many North Carolina State Representatives, State Senators, and Governors have all made sincere good faith efforts to both fund and widen the congested lanes on Interstate 77 between Huntersville and Mooresville; and WHEREAS, during the time of these efforts, the ability of the State of North Carolina to fund the I-77 widening project was severely constrained by negative economic and fiscal conditions, thereby necessitating exploring alternative financing methods and public-private partnerships; and WHEREAS, the State of North Carolina s fiscal posture and economic outlook has been significantly improved through the efforts of the Legislature and Governor; thereby calling into question the underlying assumptions driving the current financing model; and WHEREAS, the Comprehensive Agreement between the North Carolina Department of Transportation and I-77 Mobility Partners was executed on June 26, 2014; and WHEREAS, the Comprehensive Agreement was amended in January 2014 to remove the planned General Purpose Lanes Project between Exit 28 and Exit 36 on I-77 from the exclusions in the Unplanned Revenue Impacting Facilities section of said agreement; and WHEREAS, the Board of Commissioners of the County of Iredell believes that in the present form, the agreement is no longer in the best interest of the voters or the driving public; NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the County of Iredell expresses its concern to Governor McCrory, the Secretary of the North Carolina Department of Transportation, and the North Carolina Board of Transportation, that we consider alternatives to reduce the scope and cost of the project while still accomplishing the project goals, consider the viability of traditional funding mechanisms and processes; and delay obligating the state to this current agreement until a full review by all concerned governmental organizations. This the 19 th day of May, * * * * * 9

10 Chairman Mallory stated Commissioner Robertson has presented the resolution for adoption. COUNTY MANAGER S REPORT County Manager Ron Smith said the County will be debuting a new website at the end of the month. This is a significant accomplishment with more interaction with the public. The employment application process will be totally on-line. CLOSED SESSION Chairman Mallory recessed the regular meeting into Closed Session at 7:51 PM pursuant to G.S (a) (4) concerning economic development. The Board returned to regular session at 8:13 PM. MOTION by Commissioner Ken Robertson to call for a public hearing on June 2, 2015, at 7:00 PM regarding an economic development incentive ranging between $51,639 and $59,584 over a five year period for Project Cobia based on an investment ranging between $3.25 million and $3.75 million in Iredell County. MOTION by Commissioner Tommy Bowles to amend a previous economic incentive agreement for Project BK based on an investment ranging between $3 million and $3.7 million within an incentive ranging between $47,667 and $58,789 over a five year period. MOTION by Vice Chairman Marvin Norman to call for a public hearing on June 2, 2015, at 7:00 PM regarding an economic development incentive of $1,828,272 over a six year period for Project Albacore based on an investment of $96.6 million in Iredell County. MOTION by Commissioner Ken Robertson to adjourn at 8:15 PM. Date Approved Retha C. Gaither, Clerk 10

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