December 6, 2011 Regular Minutes

IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES DECEMBER 6, 2011

The Iredell County Board of Commissioners met on Tuesday, December 6, 2011, at 7:00 P.M., in the Iredell County Government Center (Commissioners’ Meeting Room), 200 South Center Street, Statesville, NC.

Board Members Present

Chairman Steve Johnson Vice Chairman Marvin Norman

Renee Griffith Frank Mitchell Ken Robertson

Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County Manager Tracy Jackson, Planning/Transportation Director Joey Raczkowski, EMS Director David Cloer, Social Services Director Yvette Smith, Inspections/Special Projects Director Lynn Niblock, Purchasing Agent Dean Lail, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson

INVOCATION by Commissioner Griffith

PLEDGE OF ALLEGIANCE

ADJUSTMENTS OF THE AGENDA: MOTION by Commissioner Griffith to approve the agenda with the following adjustment: Addition: Request from EMS for Approval to Charge the Medicare Allowable Rate for Convalescent Ambulance Transports to Local Healthcare Institutions Responsible for Paying the Ambulance Bill for their Residents, Clients, and/or Patients

VOTING: Ayes – 5; Nays – 0.

APPOINTMENT BEFORE THE BOARD

Presentation by Martin Starnes & Associates, CPAs, Regarding the June 30, 2011 External Audit: CPA Amber McGinnis presented the audit and said the county had received an “unqualified” or clean opinion.

PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Consideration of an Ordinance Designating Structures & Property Known as the

Falls-Hobbs House, (also known as Davidson Hall) in the Davidson Township, Iredell County, North Carolina, as Historic Property: Iredell County Historic Properties Chairman Lewis Alexander said Mr. James A. & Barbara H. Davidson were requesting for the Falls-Hobbs House (2045 Perth Road, Mooresville, NC) to be designated as a landmark and county historic site. He said the 2.18 acre property had been owned by the Davidson couple since 1980 and was referred to as Davidson Hall. He said since the 1980s, Mr. & Mrs. Davidson had extensively restored the log plantation home that was originally built by Captain Galburth Falls, a “high” sheriff of Rowan County as well as being the local militia district captain. Alexander said Captain Falls purchased the property in 1765 and was killed at the battle of Ramseur’s Mill in Lincoln County on June 20, 1780. He said research had occurred on the home’s exact date of construction; however, definitive records could not be found. Alexander said through architectural evidence as well as tax/deeds records and personal letters found in Salisbury, NC, it was estimated the home was built in the early to mid 1770s. He said this would make the house the oldest continually used residential structure in Iredell County. Alexander said in 1982 the home was added to the National Registry of Historic Places, and locally it met all requirements established by the North Carolina Department of Cultural Resources and the State Preservation Office in Raleigh to be designated as a historic landmark.

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MOTION by Commissioner Griffith to approve the ordinance designating the Falls Hobbs House as Historic Property.

VOTING: Ayes – 5; Nays – 0. The ordinance is as follows:

Consideration of a Proposed Text Amendment to the Land Development Code to

Allow Commercial Kennels in Commercial and Industrial Zoning Districts Planning Director Joey Raczkowski said the planning board had spent several months reviewing a text amendment submitted by Mr. Ronnie Thompson (772 Brawley School Road, Mooresville, NC), and the revision would affect kennel usage on a county-wide basis. Raczkowski said kennels were currently only allowed in four zoning districts (AC, RA, RU-R & RR), plus under the

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current standards, they may or may not be entirely enclosed. He said the amendment would not alter the kennels in the agricultural or residential districts, but it did add four industrial/commercial districts in which the use would be allowed. Raczkowski said the performance standards applied to the industrial/commercial zoned properties slated for use as commercial kennels; however, the animal exercise areas and all activities, would be conducted in an enclosed building. In addition, he said the front, side, and rear yard setbacks would be 100 feet as opposed to 150 feet in the agricultural and residential districts. He said a special permit would be required by the board of adjustment, and to remain consistent with the Land Development Code, the use of commercial kennels had been divided into two sections within the code with Section A applying to the residential districts (current regulations) and Section B for the other districts.

Ronnie Thompson advocated for the amendment and said there was a need. Mary Ann Archer said the goal of the request was to have good animal kennels. She

encouraged adoption of the amendment. No one else desired to speak, and Chairman Johnson adjourned the hearing.

MOTION by Commissioner Mitchell to approve the amendment as presented.

VOTING: Ayes – 5; Nays - 0.

The planning staff report for the amendment is as follows:

EXPLANATION OF THE REQUEST

Ronnie Thompson has requested a text amendment to the Iredell County Land Development

Code concerning commercial dog kennels. Commercial kennels are currently only allowed in

the AC (Agricultural Conservation), RA (Residential Agricultural, RU-R (Rural Residential), and RR

(Resort residential) districts, and may be entirely enclosed and/or may include outdoor kennels.

The proposed amendment allows commercial dog kennels to be located in commercial and

industrial zoning districts; requires that all activities with the exception of animal exercise areas

be conducted within an enclosed building; provides for a front, side and rear yard setback of

100 feet; and requires that a Special Use Permit be issued. All other performance requirements

remain the same.

APPLICANT

APPLICANT: Ronnie Thompson

772 Brawley School Road

Mooresville, NC 28117

PROPOSED TEXT AMENDMENT

The following changes are being proposed to text in the Land Development Code. Existing text

that is bold and with strike through is text to be removed. Text in red and underlined is new text

to be added.

Chapter 3 Performance Requirements

1. Kennels, Commercial

A. Commercial kennels in the AC, RA, RU-R, and RR districts shall meet the following criteria:

A. 1. Minimum lot size shall be as follows:

1 to 10 animals 5 acres



For each additional acre beyond seven (7) acres, an additional ten (10) animals may be

permitted. The minimum lot size requirements may be waived if a kennel is constructed to

entirely enclose all kennel facilities so as to adequately protect all animals from weather

extremes and to protect adjacent residences from noise, odors, and other objectionable

characteristics, provided all building setback requirements are in accordance with subsection

(c) below.

Note: Minimum lot size only applies to

commercial kennels that are not

entirely enclosed.

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B. 2. All lots on which a kennel is located must have frontage on an existing street

or a new street that meets the minimum requirements for acceptance and

maintenance by the North Carolina State Department of Transportation

C. 3. All structures and outdoor runs shall have minimum front, side, and rear yards

of 150 feet. There shall be a separation of at least 500 feet between

residences on adjoining tracts and any building used for kennel operation.

D. 4. Sewage disposal system and sanitation control methods as approved by the

Iredell County Board of Health shall be required for all kennels. (This provision

shall include, but shall NOT be limited to, the sanitary removal or disposal of

solid waste, carcasses, or any other items deemed necessary for removal or

disposal because of unsafe or unsanitary conditions by the Health

Department.)

E. 5. Screening is required when adjoining either residentially or commercially

zoned property and must meet the criteria in Section 5.2 concerning

screening device and parking lot landscaping.

B. Commercial kennels in the HB, GB, M-1, and M-2 districts shall meet the following criteria:

1. All lots on which a kennel is located must have frontage on an existing street or a new

street that meets the minimum requirements for acceptance and maintenance by the North

Carolina State Department of Transportation

2. All structures and outdoor runs shall have minimum front, side, and rear yards of 100 feet

from any property line. There shall be a separation of at least 500 feet between residences on

adjoining tracts and any building used for kennel operation.

3. Sewage disposal system and sanitation control methods as approved by the Iredell

County Board of Health shall be required for all kennels. (This provision shall include, but shall

NOT be limited to, the sanitary removal or disposal of solid waste, carcasses, or any other items

deemed necessary for removal or disposal because of unsafe or unsanitary conditions by the

Health Department.)

4. Screening is required when adjoining either residentially or commercially zoned property

and must meet the criteria in Section 5.2 concerning screening device and parking lot

landscaping.

5. All activities, with the exception of animal exercise areas, shall be conducted within an

enclosed building.

Chapter 2, Section 2.21.3 Commercial Uses

USES AC RA RUR RR R20 R12 R8 RO OI NB HB GB M1 M2 R

Kennels,

commercial R R R R S S S S 47

**** “S” denotes that a Special use Permit is required ****

PLANNING BOARD

The Planning Board first reviewed the request from Ronnie Thompson for an amendment

concerning commercial kennels on September 7, 2011. At this meeting, the proposal was

presented for information only. The Board had questions about the proposed amendment and

the similarities to the existing text for kennels, noise restrictions, setbacks, proximity to existing

businesses such as hotels, and requiring a Special Use Permit.

After further discussion, the Board stated that they would like to see a Special Use Permit for

kennels in the commercial districts and asked the staff to look at the difference between the

definitions of a kennel and doggy daycare. Since the request was being presented for

information only, the Board took no action.

The Planning Board heard the request at the October 5, 2011 meeting. The applicant was not in

attendance and there was some confusion due to an error in the staff report. The Board voted

to table the request until the November meeting.

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The Planning Board heard the request again at the November 2, 2011 meeting. The applicant

was present and affirmed that he was in agreement with the addition of the Special Use Permit

requirement after the Board comments from the September meeting.

The Planning Board voted 6-0 to recommend approval of the request.

STAFF COMMENTS

Commercial kennels have been considered a rural use in the zoning regulations since the

inception of zoning in Iredell County. Currently, commercial kennels are permitted in the AC

(Agricultural Conservation, RA (Residential Agricultural), RU-R (Rural Residential), and RR (Resort

Residential) districts. They are permitted by right provided they meet the requirements in

Chapter 3, R47. The proposed amendment would allow commercial kennels in the HB, GB, M-1,

and M-2 districts. Other similar uses such as animal hospitals, dog grooming facilities, and pet

daycares, which include enclosed kennels, are permitted in the HB, GB, M-1, and M-2 districts as

well.

The staff recommends approval of the amendment based on the following: Similar uses such as

animal hospitals are permitted in the proposed districts. The requirements that are being

proposed fit into other similar commercial standards within the code, such as animal hospitals

and doggie day cares. The applicant has agreed to make the Special Use Permit requirement

part of the proposed amendment, which would address the Planning Board’s concerns about a

kennel developing next to an existing business such as a hotel.

* * * * *

ADMINISTRATIVE MATTERS

Annual Election of the Chairman and Vice Chairman Chairman’s Position:

County Manager Ron Smith asked for nominations. Marvin Norman nominated Steve Johnson for the chairman’s position.

MOTION by Frank Mitchell, after no other nominations were submitted, to close the

nominations and to elect Johnson by acclamation. VOTING: Ayes – 5; Nays- 0.

Vice Chairman’s Position: Chairman Steve Johnson asked for nominations. Ken Robertson nominated Marvin Norman.

MOTION by Frank Mitchell, after no other nominations were submitted, to close the nominations and to elect Norman by acclamation. VOTING: Ayes – 5; Nays – 0.

Request for Approval of the Public Officials’ Bonds: Finance Director Susan

Blumenstein said that in accordance with G.S. 58-72-20, bonds for the sheriff, register of deeds, tax collector, deputy tax collectors and the finance officer were being submitted for review and approval.

MOTION by Commissioner Griffith to approve the bonds as required by law. VOTING: Ayes – 5; Nays – 0. The bond amounts are as follows: Amount of Guarantee Register of Deeds $ 10,000 Sheriff $ 10,000 Tax Collector $ 50,000 Deputy Tax Collectors (4) $ 50,000 Finance Officer $100,000

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Request from Social Services for Approval of Budget Amendment #22 to Appropriate Federal Funds for the Low Income Home Energy Assistance Program: Social Services Director Yvette Smith requested a budget amendment to recognize $142,802 received to assist low income families with heating expenses. Smith said the targeted population would be individuals 60 and older and the households receiving services from the Aging & Adult Services Program.

MOTION by Vice Chairman Norman to approve Budget Amendment #22. VOTING: Ayes – 5; Nays – 0.

BA#22

12/6/2011

To appropriate Federal funds in the DSS Department for Low Income Home Energy Assistance programs.

Account # Current Change Amended

104630 450021 LIHEAP - (142,802) (142,802)

105630 554210 LIHEAP - 142,802 142,802

Request from Emergency Management for Approval of Budget Amendment #23 to Recognize & Allocate a Federal Emergency Management Assistance (FEMA) Disaster Reimbursement: Deputy County Manager Tracy Jackson said the emergency management department was able to assist in the Hurricane Irene disaster by deploying Deputy Emergency Management Coordinator Paul Webster to Hyde County. He said Webster was sent at the request of NC Emergency Management to serve on an Incident Management Team as the Resource Officer. Jackson requested approval of a budget amendment to recognize FEMA disaster relief funds of $3,054.01 as a reimbursement for Mr. Webster’s assistance.

MOTION by Commissioner Robertson to approve Budget Amendment #23. VOTING: Ayes – 5; Nays – 0.

BA#23

12/6/2011

To appropriate FEMA disaster reimbursement in the Emergency Management Department.

Account # Current Change Amended

104546 438100 FEMA Disaster Funds - (3,054) (3,054)

105546 510004 Salaries - Overtime 2,000 1,588 3,588

105546 512501 FICA 4,001 200 4,201

105546 512503 State Retirement 6,254 837 7,091

105546 535004 Fuel 4,100 429 4,529

Request from the Special Projects Department to Award a Contract for HVAC Upfits to Starnes HVAC (lowest bidder) in the Amount of $133,195 and to Approve an Amended Grant Project Ordinance: Special Projects Director Lynn Niblock requested that a contract be awarded Starnes HVAC for retrofits that had occurred using stimulus funds. He said the upgrades would help in reducing energy and equipment maintenance costs. In addition, Mr. Niblock requested an amendment to the project ordinance associated with the stimulus grant.

MOTION by Commissioner Robertson to award the contract to the lowest bidder

(Starnes HVAC) and to approve the project ordinance amendment. VOTING: Ayes – 5; Nays – 0. A bid summation sheet is as follows:

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The amended ordinance is as follows:

Iredell County, North Carolina

Department of Energy - Lighting Upfit Grant

Amended Grant Project Ordinance

Be it Ordained by the Board of County Commissioners of Iredell County, North Carolina: Previously

Original Amended Change Amended

Section 1

Funds for this project will be provided

by:

Department of Energy Grant $ 240,000 $ 482,100

$482,100

Energy Rebates 8,624

8,624

$ 240,000 $ 490,724 $ -

$490,724

Section 2

The following costs will be paid from this grant project

fund:

Government Center - Statesville $ 40,765

15,533

$15,533

Labor 23,395

Lighting Materials & Supplies 16,280

Contracted Services 1,090

Government Center - Annex 5,315

12,982

12,982

Labor 3,025


Contracted Services 135

Facility Services 8,765 1,170

1,170

Labor 5,495



Government Center - South 25,885 9,292

9,292

Labor 5,940


Contracted Services -

Hall of Justice 54,810

24,739

24,739

Labor 31,660



Drug Enforcement Office

Labor 6,005 10,825 4,219

4,219



Crime Lab 6,610 3,651

3,651

Labor 4,140



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EMS-Mooresville 11,390 5,187

5,187

Labor 6,755



Building Standards Center 5,300 2,915

2,915

Labor 1,480



Human Services Building 70,335

38,566

38,566

Labor 40,605



Previously

Original Amended Change Amended

Phase 2 & 3 121,346

107,480

Labor

(13,866)

Lighting Materials & Supplies

Contracted Services

Other Projects

17,166

Labor

16,216

Lighting Materials & Supplies -


Administration 950

$ 240,000

Energy Coordinator

90,384

Labor

87,084

Supplies 3,300

HVAC Change-outs


29,684

136,437

1,000

T-Stats and Balancing

Labor 4,200

2,200

14,603

Equipment

14,521

(8,223)

Contracted Services

12,000

(10,730)

Supplies 700

(65)

Administration

Employee Salary Costs 6,000

6,000

Advertising 400

400

$ 490,724 -

$490,724

Section 3 This Grant Project Fund shall continue until the project is complete.

Section 4 The County Manager is authorized to transfer funds between line items.

Section 5 Payments from this Grant Project Fund shall be authorized by the County Manager or his designee.

This Project Ordinance is effective upon adoption.

Request for the Reconsideration of a Surety Bond Requirement for LifeStar

Emergency Services, LLC: Deputy County Manager Tracy Jackson, along with EMS Director David Cloer, said this agenda request was submitted on November 29. Jackson said LifeStar did not have a surety bond at that point, but on December 2nd, the company telephoned and said a bond had been located. He said the current provider, NuCare, would cease services on December 15, and the county was preparing to takeover the convalescent transport services as a

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stopgap measure. He said the staff was concerned that LifeStar had not fully met the franchise requirements and direction from the board was needed.

Commissioner Mitchell asked if there were any known reasons as to why LifeStar might

not have the surety bond by December 15. Deputy County Manager Jackson said an answer wasn’t available, and the situation was

in the hands of LifeStar’s owner. Jackson said the county had performed its due diligence. Commissioner Griffith asked if LifeStar was aware of the bond requirement when the

agreement was signed. Jackson said yes. Griffith asked if the company was ready to start operations other than having a bond. Jackson said the bond was one holdup, plus there were a few operational items needing to

be addressed. Vice Chairman Norman asked if LifeStar had missed its deadline. Jackson said that in reviewing the board’s minutes of August 16, 2011, the company did

not commit to anything, but the owner expressed hope of being operational in 90 days. Mr. Jackson said the county would have to absorb the expenses during the gap period.

Griffith asked if LifeStar had indicated a date to begin, should the bond be obtained. Jackson said that as of late Friday (December 2, 2011), this had not been discussed. Commissioner Mitchell asked if the other counties, where LifeStar operated, required

surety bonds. Jackson said the requirement varied from county to county, and it was not known if the

counties where LifeStar provided the transports required the bonds. Griffith asked if the bond amount was comparable to other counties. Jackson said there were not many counties requiring the bonds. He said the

commissioners implemented the bond requirement due to concerns that if a company left the county, the taxpayers would have to absorb the costs. He said the bond amount was low, and it would not actually cover the entire costs.

Chairman Johnson said the surety bond requirement was his suggestion, and it was added

in an effort to provide protection to the county should a company go bankrupt, or leave on short notice without fulfilling the notification stipulation.

Griffith asked how long the requirement had been in place. Jackson said three years. Johnson said the original franchise proposal required an audited financial statement, but

the board had backed off on this. Jackson said this requirement was an “either or.” Johnson said he was reluctant to eliminate the bond requirement. He said it was felt this

wasn’t an unreasonable request due to the county incurring costs should a company fail to fulfill its obligations. Chairman Johnson said that even though there were no contractual agreements for LifeStar to be operating in 90 days, the owner had supplied the estimated start-up time.

EMS Director David Cloer said the requirement occurred when NuCare’s franchise was

up for renewal. He said the franchise renewal would occur again on February 12, 2012;

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however, NuCare had sent notice of ending the operations in Iredell County on December 15, 2011.

Commissioner Robertson agreed with Chairman Johnson’s comments about the bond

requirement. Johnson said he was assuming that if the board did not grant the surety bond waiver, and

NuCare ceased operations on December 15, 2011, the county would have to provide the convalescent transports. He asked if the EMS Department was prepared to assume the services.

EMS Director David Cloer said yes. Johnson asked how long EMS could provide the service. Cloer said overtime would be used to cover shifts and an extra truck would be used to

take up the call volume. He said this could probably occur for no more than 60 days due to an already “taxed out staff.”

Griffith asked who requested the bond’s reconsideration or the waiver. Jackson said the staff had placed the item on the agenda, but this was prior to LifeStar’s

notification about obtaining a bond. Commissioner Robertson asked Cloer what happened after 60 days. Cloer said the situation might not be safe for the staff. Robertson asked if staff would be added. Cloer said there was a contingency plan, if the surety bond waiver were denied, to

assume the convalescent services on a regular basis. He said the county would have to make a significant investment to hire more staff and to purchase the trucks.

Robertson said the 60 days was in essence a period to “ramp up.” Cloer said yes. Griffith asked, assuming LifeStar obtained a bond within 60 days, if the company would

have to reapply to operate a franchise. Attorney Pope said the actual agenda request was a reconsideration of a surety bond

requirement for LifeStar Emegency Services, LLC, but a couple of days ago an e-mail was sent indicating the company could obtain a bond. He said the e-mail stated, “They were requesting a waiver of one of the conditions. The history is that they indicated initially that they could not get a bond. They asked me to prepare a bond so they could submit it to their bonding company. I have very little experience writing a bond, I have never written one in my life, but I wrote one. I gave it to them and their bonding company didn’t think too much of it. They thought it was too strong, and it wasn’t something they wanted to sign. It then appeared that they were not going to get a bond. I understood there was going to be a request for the bond requirement to be reconsidered. I suggested to them that there were other bonding companies out there in America who might write a bond.”

Commissioner Robertson said, “NuCare has a bond. Right?” Attorney Pope said no. The provision was established after NuCare was granted a

franchise. He said, “The company said, ‘Okay, we’ll submit it to another bonding company.’ Then I saw an e-mail, I think it was late Friday afternoon (December 2), that said they had received an indication from another bonding company that they would be able to get a bond and they would sign the bond that I had written up. They requested that the provision I had included in the bond of a 120-day notice be shortened to 60 days. The ordinance says 60 days and after conferring with Tracy and Ron and other staff people, I felt the 60 days was inadequate. I didn’t think we could get ramped up and do what we had to do so I required 120 days. As I understand

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the request now, it’s that we waive the requirement of 120 days, and shorten it to 60 days, as the ordinance suggests. I don’t know for a fact that they can get a bond. I just saw an e-mail saying that they could. I haven’t actually seen an executed bond.”

Griffith asked again her question about the future procedure for LifeStar. Attorney Pope said it would be up the board. He said, “You could take the position that

they have failed to meet the requirements within the time they indicated; however, the language in the minutes is not a specific condition, it was a goal--not a condition. I’m not sure how to interpret that.”

Commissioner Mitchell asked if the problem in obtaining the bond stemmed with the

specific company, or was it an industry situation, where overall it was difficult to secure them. Pope said, “I don’t have a clue. I suspect it’s harder to get bonds than it was in the past,

but I don’t know that. I’m just thinking about the economy in general.” Mitchell asked if the same problem might occur with a different company. Pope said he didn’t know. Griffith said that if 60 more days were given to the company, while the county paid the

costs for overtime and so forth, that this money would be taken out of the budget to stop a gap that should never have occurred. She said the county had no recourse to recoup the labor costs or the overexertion of the employees. Griffith said the county would have to fix the problem even if the company was allowed or denied more time.

Robertson said the county should only lose money for about 60 days and then the fees

would start covering the costs. Cloer agreed. County Manager Ron Smith said the ninety days would have extended through

November 15 and even though this date wasn’t stipulated in the franchise motion for LifeStar, it was the expected operational date as well as the anticipated time in which the bond would have been secured. He said about halfway through that process, NuCare announced it was closing its operations in the county.

Griffith said the county didn’t come up with the 90 day estimate (November 15), and this

had caused NuCare to make the decision to close its business. She said the county had a convalescent transporter at that time, but the 90-day statement had caused consequences. Griffith said the failure to secure the bond had caused problems, and the county would have to assume the slack and place the work on already overworked employees.

Vice Chairman Norman voiced unwillingness to waive the bond. Commissioner Robertson, as well as Commissioner Griffith, said they were inclined to

not waive the bond too. Griffith said she just wanted to emphasize that the company’s indication that it could be

operational in 90 days had caused consequences. Norman said, “At this point, I’d just write them off. In 90 more days they still might not

be ready.” Robertson said no action was then required, other than allowing Mr. Cloer to make

preparations to handle the gap. Johnson said some direction needed to be provided to the EMS Director. Griffith said the county had granted an application to LifeStar based on its statements to

offer the service.

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Vice Chairman Norman asked Cloer what he needed from the board. Cloer said the board’s okay to start planning long term to move forward. Commissioner Mitchell asked if the county was sure NuCare would cease operations on

December 15. Cloer said he had not been in contact with the company since the notification was

received about terminating the franchise agreement. County Manager Ron Smith said a conversation had occurred with Mr. Corbett who

advised that NuCare would close down on December 15.

MOTION by Chairman Johnson that there be no reconsideration of the bond requirement and that effective immediately Mr. Cloer should execute his contingency plan, and for Mr. Cloer and anyone else needed, to appear before the board at the December 20 meeting with a plan on how the department will ramp up to provide the service.

Johnson said he was a free market type of person, but there was an obligation to the

county’s citizens, and someone needed to provide the service. VOTING: Ayes – 5; Nays – 0.

Request from EMS for Approval to Charge the Medicare Allowable Rate for Convalescent Ambulance Transports to Local Healthcare Agencies/Institutions Responsible for Paying the Ambulance Bills for their Residents, Clients and/or Patients: Deputy County Manager Tracy Jackson said that as the county prepared to provide convalescent services there were agencies (Hospice, rest homes) that had contracts with NuCare. He said the staff was recommending a new ambulance fee in lieu of negotiating contracts with the agencies on such short notice in order for the county to charge the Medicare allowable rate. Jackson said currently, the rate was $209.68, but this amount fluctuated. He said due to the fluctuation, it was recommended that a specific rate not be included in the motion. Chairman Johnson said it appeared the staff was making the request in case the county had to be “fully operational” so there would be a platform for bill invoicing. He said, “If we have to ramp up to provide full service, then it will impact the budget due to start up costs. Mr. Cloer will bring this back in his business plan. This probably will be a significant capital investment.”

Cloer agreed.

MOTION by Commissioner Mitchell to allow EMS to charge the Medicare allowable rate for Convalescent Ambulance Transports to local healthcare institutions responsible for paying the ambulance bills for their residents, clients, and/or patients.

VOTING: Ayes – 5; Nays – 0. Request for the Awarding of a Purchase Contract for Three New Ambulance

Chassis with Turn-key Remount of Currently Owned Modular Bodies: Purchasing Agent Dean Lail requested approval to award a contract for three 2011 Chevrolet G-4500 dual rear chassis and the removal/remount of the modular bodies. Lail said bids were requested from six known vendors and two responded. He said that after review, a recommendation was being made to award the bid to the lowest bidder, Southeastern Specialty Vehicles at a cost of $245,997. Lail said the project was approved in the current budget at a cost of $276,950.

Johnson said the request was for ambulances already approved in the budget, and it had

nothing to do with the current convalescent transport situation. Lail said this was correct. Griffith asked when the ambulances would be operational.

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Cloer said that with the recent events, the remounting would be delayed, due to the need

of some of the trucks to staff up for the convalescent segment.

MOTION by Commissioner Mitchell to award the contract to Southeastern Specialty Vehicles as recommended.


The bid summary is as follows:

Request for Approval of an American Recovery and Reinvestment Act of 2009 Resolution in Conjunction with the ICATS Camera Project: County Manager Ron Smith said that at the November 15 meeting, a budget amendment was approved to allow the transportation director to allocate 75% of work time to the ARRA camera project. Smith said since that time, the state had submitted a resolution stipulating the conditions of the grant funding, and approval by the board was needed.

MOTION by Vice Chairman Norman to approve the resolution as presented.

VOTING: Ayes – 5; Nays – 0. The resolution is as follows:

American Recovery and Reinvestment Act of 2009 Resolution Federal Section 5311

FY 2010 RESOLUTION

Applicant seeking permission to apply for American Recovery and Reinvestment Act of 2009 funding, enter into agreement with the North Carolina Department of Transportation and to provide the necessary assurances. WHEREAS, the “American Recovery and Reinvestment Act, 2009” (Pub. L. 111-5; “ARRA”), signed into law by President Barack Obama on February 17, 2009, includes $8.4 billion for transit capital improvements, for which the intent of the legislation is to: a) preserve and create jobs and promote economic recovery; b) assist those affected negatively by the recession; c) provide investments needed to increase economic efficiency by spurring technological advances; d) invest in transportation infrastructure that will provide long-term economic benefits; and e) stabilize State and local government budgets, in order to minimize reductions in essential services and counterproductive state and local tax increases; and WHEREAS, the ARRA provides $680 million of the $6.9 billion available under the Transit Capital Assistance Program, to non-urbanized areas based on 49 U.S.C. section 5311; and WHEREAS, the non-urbanized area funds are apportioned based upon the non-urbanized population of each state relative to the national urbanized area and land area in non-urbanized areas, of which the State of North Carolina has been apportioned $33 million, and, after required set-asides for intercity projects and state administration costs, North Carolina has announced the availability of approximately $24.7 million to fund eligible transit capital projects, as defined in 49 U.S.C. 5302(a)(1), in non-urbanized areas; and

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

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WHEREAS, the purpose of these ARRA transportation funds is to provide grant monies to local agencies for rural public transportation capital improvement projects consistent with the intent of the legislation and to support efforts to stimulate the economy; 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 special federal and state reporting requirements (at least quarterly) 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 funding, make the necessary assurances, and certifications, and be empowered to enter into an agreement with the NCDOT to provide rural public transportation capital.

* * * * * Request for Approval of the November 15 & 21, 2011 Minutes: MOTION by Vice

Chairman Norman to approve the minutes as presented. VOTING: Ayes – 5; Nays – 0.

ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS

Nursing Home Advisory Committee (1 announcement)

APPOINTMENTS TO BOARDS AND COMMISSIONS

Criminal Justice Partnership Program Committee (8 appointments): Commissioner

Robertson nominated Rena Turner, Joe Crosswhite, Bill Hamby, George Pettigrew, Tim Kerley, Gene Houpe, Robin Griffin, and Ron Smith.

MOTION by Chairman Johnson to close the nominations and to appoint the eight

individuals by acclamation. VOTING: Ayes – 5; Nays – 0.

Home & Community Care Block Grant Committee (2 appointments):

Commissioner Mitchell nominated Anna Rice and Lynda Sloan.

MOTION by Chairman Johnson to appoint Rice and Sloan by acclamation.

VOTING: Ayes – 5; Nays – 0. Purchase of Development Rights Committee (3 appointments): Commissioner

Robertson nominated Danny Allen and Andy Gray. He said the third appointment would be made when a Cooperative Extension Director had been appointed.

MOTION by Chairman Johnson to close the nominations and to appoint Allen and Gray by acclamation.

VOTING: Ayes – 5; Nays – 0. Recreation Advisory Board (4 appointments): Commissioner Robertson nominated

Kevin Smith, David Holcomb, Mike Heintz, and Pam Christopher.

MOTION by Chairman Johnson to close the nominations and to appoint the four individuals by acclamation.

VOTING: Ayes – 5; Nays – 0. Zoning Board of Adjustment (3 appointments): Commissioner Robertson nominated

Bob Dellinger, Nick Carrington, and A.K. Loyd.

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MOTION by Chairman Johnson to close the nominations and to appoint the three individuals by acclamation.

VOTING: Ayes – 5; Nays – 0. Board of Health (3 appointments): Commissioner Mitchell nominated

Dr. Ken Rasbornik, King Carty, and Jerry Turner.

MOTION by Chairman Johnson to close the nominations and to appoint the three

individuals by acclamation. VOTING: Ayes – 5; Nays – 0. Facilities Task Force for Schools (1 appointment/western zone): No nominations

were submitted, and Chairman Johnson made a motion to postpone the appointment until the December 20 meeting.


UNFINISHED BUSINESS

Update on Savings Achieved from the Lighting Upfit Project: Special Projects Director Lynn Niblock provided a cost savings summary regarding the buildings that had received upfits and lighting motion detectors. By comparing data of the first six months of 2011 to the same period in 2010, he said a savings of 481,744 kilowatt hours had occurred resulting in a cost reduction of $34,773. Niblock said the City of Statesville had increased the power rate by five percent, and had this not occurred, the savings would have been $42,262. Additionally, he said an added benefit was that 285.43 metric tons of CO2 gases were not released into the atmosphere due to the power usage decrease. Niblock noted, however, that an increase in energy usage had occurred at the Hall of Justice. He attributed the increase to (1) the city’s five percent increase (2) higher usage in January 2011 and (3) a straight electric resistance heating system used in the building. Niblock said savings could be found if the system were converted to either gas units or heat pumps.

CLOSED SESSION: At 8:30 p.m., Chairman Johnson made a motion to enter into closed session pursuant to Economic Development – G.S. 143-318.11 (a) (4).

VOTING: Ayes – 5; Nays – 0. (RETURN TO OPEN SESSION AT 8:50 P.M.) CALL FOR A PUBLIC HEARING ON DECEMBER 20, 2011 REGARDING AN

ECONOMIC DEVELOPMENT INCENTIVE: MOTION by Commissioner Griffith to call for a public hearing on December 20, 2011, at 7 P.M., regarding an economic development incentive of $143,001.00, over a five-year period, for an undisclosed company based on a $9 million investment in Iredell County.

VOTING: Ayes – 5; Nays – 0. CALL FOR A PUBLIC HEARING ON DECEMBER 20, 2011 REGARDING AN

ECONOMIC DEVELOPMENT INCENTIVE: MOTION by Commissioner Griffith to call

for a public hearing on December 20, 2011, at 7 P.M. regarding an economic development incentive ranging between $84,711.00 to $92,656.00, over a five-year period, for an undisclosed company based on a $5 million to $5.5 million investment in Iredell County.


ADJOURNMENT: There being no further business to conduct, Chairman Johnson at

8:55 P.M., made a motion to adjourn. (NEXT MEETING: Tuesday, December 20, 2011, at

7:00 P.M., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. Approval: ____________________________ _____________________________ Clerk to the Board

Documents

December 6, 2011 Regular Minutes