PUBLIC TRANSPORTATION PROGRAM RESOLUTION

Transcription

1 IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES OCTOBER 15, 2013 The Iredell County Board of Commissioners met on Tuesday, October 15, 2013, at 7:00 PM, 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 David Boone Renee Griffith Ken Robertson Staff present: County Manager Ron Smith, County Attorney Bill Pope, Finance Director Susan Blumenstein, Tax Administrator Bill Furches, Tax Collector Melia Miller, Transportation Administrator Ben Stikeleather, Health Director Jane Murray, Executive Assistant Retha Gaither, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson INVOCATION by Chairman Johnson ADJUSTMENTS TO THE AGENDA: approve the agenda with the following adjustments. MOTION by Commissioner Griffith to Addition: Request for Approval of Budget Amendment #11 for the Utilization of the Health Department s Medicaid Maximization Funding for the Women, Infant and Children (WIC) Program s Staff Salaries, if needed, with the Understanding the Funds will be Fully Paid when WIC Funds are Restored Deletion: Closed Session for Economic Development G.S (a) (4) PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Consideration of Citizen Input on the Federal Transit Administration (FTA) 5310 Elderly and Disabled Grant Application for ICATS: Transportation Administrator Ben Stikeleather said the FTA 5310 grant would provide funds to transport the elderly and disabled to grocery stores and other retailers as well as to dialysis appointments. Stikeleather said the grant would be for $200,000 ($100,000 in federal funds and $100,000 from the Rural Operating Assistance Program). No one else desired to speak, and Chairman Johnson adjourned the hearing. MOTION by Commissioner Griffith to approve the FTA 5310 grant application. PUBLIC TRANSPORTATION PROGRAM RESOLUTION WHEREAS, Article 2B of Chapter 136 of the North Carolina General Status 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 US Department of Transportation, Federal Transit Administration and receives funds from the North Carolina General Assembly to provide assistance for public transportation projects; and 1

2 WHEREAS, the purpose of the Section 5310 program is to improve mobility for seniors and individuals with disabilities throughout the country, by removing barriers to transportation services and expanding the transportation mobility options available. Toward this goal, FTA provides financial assistance for transportation services planned, designed, and carried out to meet the special transportation needs of seniors and individuals with disabilities in all area. WHEREAS, NCDOT has been designated as the State agency with principle authority and responsibility for administering the Section 5310 Program for small urbanized and rural areas; and WHEREAS, (Legal Name of Applicant) Iredell hereby assures and certifies that it will comply with the federal and state statutes, regulations, executive orders, and all small administrative requirements related 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 (Authorized Official s Title)* Transportation Director of (Name of Applicant s Governing Body) Iredell County is hereby authorized to submit a grant for federal and state funding, provide the required local match, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide public transportation services. Chairman Johnson declared the meeting to be in a public hearing. Consideration of Citizen Input on the Federal Transit Administration (FTA) Administrative and Capital Grant Application for ICATS: Transportation Administrator Ben Stikeleather said the 5311 grant provided funding for administrative and capital items and the amount would be $390,000 ($338,000 in federal/state funding and $52,000 from the Rural Operating Assistance Program). Stikeleather said the $390,000 was less than last year due to ICATS not needing as many vehicle replacements. No one else desired to speak, and Chairman Johnson adjourned the hearing. MOTION by Commissioner Griffith to approve the FTA 5311 grant application. COMMUNITY TRANSPORTATION PROGRAM RESOLUTION Section 5311 FY 2015 RESOLUTION Applicant seeking permission to apply for Community Transportation Program funding, enter into agreement with the North Carolina Department of Transportation, provide the necessary assurances and the required local match. A motion was made by (Board Member s Name) Renee Griffth and seconded by (Board Member s Name or N/A, if not required) N/A for the adoption of the following resolution, and upon being put to a vote was duly adopted. 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 US Department of Transportation, Federal Transit Administration and receives funds from the North Carolina General Assembly to provide assistance for rural public transportation projects; and 2

3 WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the provision of rural public transportation services consistent with the policy requirements for planning, community and agency involvement, service design, service alternatives, training and conference participation, reporting and other requirements (drug and alcohol testing policy and program, disadvantaged business enterprise program, and fully allocated costs analysis); and WHEREAS, (Legal Name of Applicant) Iredell County hereby assures and certifies that it will provide the required local matching funds; that its staff has the technical capacity to implement and manage the project, prepare required reports, obtain required training, attend meetings and conferences; and agrees to comply with the federal and state statutes, regulations, executive orders, Section 5333 (b) Warranty, and all administrative requirements related 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 (Authorized Official s Title)* Transportations Director of (Name of Applicant s Governing Body) Iredell County is hereby authorized to submit a grant application for federal and state funding, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide rural public transportation services. Chairman Johnson declared the meeting to be in a public hearing. Consideration of Citizen Input on the Federal Transit Administration (FTA) 5316 Job Access and Reverse Commute Grant Application for ICATS: Transportation Administrator Ben Stikeleather said the 5316 grant would provide transportation assistance to individuals with employment hours either before 8 AM or after 5 PM. Stikeleather said the grant amount of $200,000 ($100,000 in federal funds and $100,000 from the Rural Operating Assistance Program) would be the same as for last year. No one else desired to speak, and Chairman Johnson adjourned the hearing. MOTION by Commissioner Griffith to approve the FTA 5316 grant application. PUBLIC TRANSPORTATION PROGRAM RESOLUTION WHEREAS, Article 2B of Chapter 136 of the North Carolina General Status 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 US Department of Transportation, Federal Transit Administration and receives funds from the North Carolina General Assembly to provide assistance for public transportation projects; and WHEREAS, the purpose of the Section 5316 program is to improve access to transportation services to employment and employment related activities for welfare recipients and eligible low-income individuals and to transport residents of urbanized areas and nonurbanized areas to suburban employment opportunities; and WHEREAS, the purpose of the Section 5317 program is to reduce barriers to transportation services and expand the transportation mobility options available to people with disabilities beyond the requirements of the ADA of 1990 by providing funding assistance that supports new transportation services and/or new public transportation alternatives beyond those required by the ADA; and 3

4 WHEREAS, NCDOT has been designated as the State agency with principle authority and responsibility for administering the Section 5316 and 5317 programs for small urban and rural areas; and WHEREAS, (Legal Name of Applicant) Iredell County hereby assures and certifies that it will comply with the federal and state statutes, regulations, executive orders, and all small administrative requirements related 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 (Authorized Official s Title)* Transportation Director of (Name of Applicant s Governing Body) Iredell County is hereby authorized to submit a grant for federal and state funding, provide the required local match, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide public transportation services. ADMINISTRATIVE MATTERS Request from the Sheriff s Office for Approval of Budget Amendment #8 to Appropriate $45,271 Received from a Coverdell Crime Lab Grant & with the Proceeds to be Used for the Purchase of Analysis Equipment: Lieutenant Rick Eades, with the Iredell County Sheriff s Office, requested approval of a budget amendment to recognize $45,271 in grant funds. He said the money would be used to purchase analysis (blood alcohol) equipment. Eades said the grant did not require a local match. MOTION by Vice Chairman Norman to approve Budget Amendment #8. BA#8 To record a Paul Coverdell Grant in the Sheriff's Crime Lab Department for analysis equipment. 10/15/2013 Account # Current Change Amended General Fund Paul Coverdell Grant - (45,271) (45,271) Depreciable Assets - 45,271 45,271 Request from the Sheriff s Office for Approval of Budget Amendment #9 for the Purpose of Transferring $5,000 from Seized Funds to SCAN, Inc.: Lieutenant Rick Eades requested permission of a budget amendment in order to transfer $5,000 from seized funds to the Stop Child Abuse Now (SCAN) organization. MOTION by Vice Chairman Norman to approve Budget Amendment #9. 4

5 To appropriate seized funds for a donation to SCAN. BA#9 10/15/2013 Account # Current Change Amended General Fund Fund Balance - Seized Funds (334,485) (5,000) (339,485) SCAN - 5,000 5,000 Request from the Sheriff s Office for Approval of Budget Amendment #10 for the Transfer of $56,000 from Federal Equity Funds to Depreciable Assets for Utility Vehicle Upgrades: Lieutenant Rick Eades requested approval of a budget amendment to transfer $56,000 from federal equity funds to depreciable assets for the purpose of upgrading a utility vehicle. MOTION by Vice Chairman Norman to approve Budget Amendment #10. BA#10 To appropriate Federal Equity funds for upgrades to a utility vehicle in the Sheriff's department. 10/15/2013 Account # Current Change Amended General Fund Fund Balance - Federal Equity Funds - (56,000) (56,000) Depreciable Assets 165,042 56, ,042 Request for Approval of the April 2013 Tax Administration Records Retention & Disposition Schedule and the September 3, 2013 Amendments as Submitted from the NC Department of Cultural Resources: Tax Administrator Bill Furches said the North Carolina Department of Cultural Resources issued a new records retention and disposition schedule in April of this year and that amendments occurred in September. Furches said that in order to properly dispose of obsolete records, as well as to insure the safeguarding of current records, the board of commissioners needed to approve the schedule and amendments. MOTION by Commissioner Boone to approve the Records Retention & Disposition Schedule and amendments. Request from the Tax Department for Approval of the September Refunds & Releases: County Manager Ron Smith said the September refunds and releases had been submitted for approval. MOTION by Vice Chairman Norman to approve the September refunds and releases. 5

6 Releases for the Month of September 2013 Breakdown of Releases: Monthly Total $67, County $ 33, Solid Waste Fees $ Mooresville Solid Waste Fees $ Davidson Solid Waste FeeF $ - E. Alex. Co. Fire #1 $ Shepherd's Fire #2 $ Mt. Mourne Fire #3 $ All County Fire #4 $ 1, B&F Fire #5 $ Statesville City $ 2, Statesville Downtown $ 5.76 Mooresville Town $ 21, Mooresville Downtown $ Mooresville School $ 6, Love Valley $ - Harmony $ Troutman $ Davidson $ Refunds for the Month of September 2013 Breakdown of Refunds: Monthly Total $4, County $ 3, Solid Waste Fees $ - Mooresville Solid Waste Fees $ - Davidson Solid Waste Fees $ - E. Alex. Co. Fire #1 $ - Shepherd's Fire #2 $ - Mt. Mourne Fire #3 $ - All County Fire #4 $ B&F Fire #5 $ - Statesville City $ Statesville Downtown $ - Mooresville Town $ Mooresville Downtown $ - Mooresville School $ Love Valley $ - Harmony $ - Troutman $ - Davidson $ - Request for Approval of the October 1, 2013 Minutes: MOTION by Commissioner Boone to approve the minutes as presented. Request for Approval of Budget Amendment #11 for the Utilization of the Health Department s Medicaid Maximization Funding for the Women, Infant and Children (WIC) Program s Staff Salaries, if needed, with the Understanding the Funds Would be Fully Paid when WIC Funds were Restored: Health Director Jane Murray said the board of health last week discussed the impact of the government shutdown on the WIC Program. She said that with the shutdown, the department would not be able to issue WIC vouchers or pay the salaries for the 13 employees working in the program. Murray said the board of health was requesting for the commissioners to allow the use of $100,000 in Medicaid Maximization funding for the vouchers and salaries with the understanding that when the government restored the funds the account would be repaid. She said the $100,000 would carry the department through the next two months. Murray said, however, that after the board of health meeting, more funds were released for the vouchers. She said the department had now been advised that by the end of the month no funding would be available unless the federal government situation was resolved. She said that if the WIC employees were sent home it might 6

7 take months for individuals to be recertified for the services. Ms. Murray mentioned that there was about $2 million in the Medicaid Maximization account. Chairman Johnson said that at the board of health meeting, the staff had indicated the Medicaid Max fund was at $2,120,000. Commissioner Boone said earlier this year the board was told the fund had approximately $600,000 to $700,000. Commissioner Griffith asked, assuming the government shutdown continued, if the health department would request more money in the future if there were no vouchers. Ms. Murray said it was hoped the department would not have to use the $100,000. She noted that the local food banks were already depleted. Ms. Murray said if the shutdown continued for two months, the matter would be discussed during an upcoming board of health meeting. Commissioner Robertson said, Medicaid Max is money we typically get as a percentage from the Medicaid program, and historically, we have not used this money to subsidize operations. We ve tended to buy equipment that s been used by different functions or subdivisions of the health department. Because of the way the federal shutdown is occurring, no budgets have been cut -- it s just that no monies are being disbursed. The fact that they have money allocated for salaries is kind of crazy, especially with people staying at home but getting the money anyway. I need a deal like that. We believe that our risk is quite low in that when the shutdown ends those federal funds that can be applied to salaries will be the total amount that we would have gotten anyhow. The money that we use from the Medicaid Max fund, to pay salaries, can then be repaid from the funds from the federal government. When this is all said and done we can end up at the same place as if there had never been a shutdown. I m inclined to support this request for that reason. I want to make it clear; however, that we are playing this shell game with Medicaid Max funds and not with county fund balance. We are not taking the funds from the library, the recreation department, the sheriff s office and so forth. Murray said this was correct. Robertson said, I don t want anyone to think this is a blanket approval to do these types of things in the future. If it (shutdown) continues, I feel sure it will disrupt people and operations, but in this particular case, I think our risk is quite low and we will not end up on the short end of the stick. For that reason, if you need a motion, I ll make the motion for you. Commissioner Boone said, The health department was not the only department seeing some impact from the budget situation in Washington. The Social Services Department administers daycare for approximately 950 children. This is paid from federal funds and the local DSS administers that program. Apparently these funds will shortly be cutoff, and at a meeting last week the Social Services Board asked the county to do what is being proposed with the health department -- to advance some funds that would be paid back when the situation was resolved. I don t think they put a specific dollar amount on it. The only difference is that Social Services doesn t have a fund balance like Medicaid Maximization so they were asking for it to be taken from the general fund. The majority consensus of this board seemed to be that it would be setting a bad precedent to dip into our general fund even if it was for a temporary loan. Even though I know that some people would suffer a hardship if the shutdown continues, I think my fellow board members were probably right. It s a tough decision, but I think they were probably right in thinking it would set a bad precedent to dip into general fund money to make up for federal funds that are not available at the present time. The problem I have is that I don t think there s much difference between the DSS request and the Health Department request. The only difference is that the health department has a separate fund. As a practical matter, and I was on the health board for a number of years and saw how the money was spent, some of the Medicaid Max money probably was spent on equipment that maybe the county wouldn t have otherwise bought, but I think the majority of that money was spent on items that we would have had to fund or pay for out of the general fund had that money not been available. I think we are really splitting hairs to distinguish between these two situations. That s the concern I have -- we might be doing something for one agency and not for another. I think we should treat both situations equally. I asked our manager to take a survey to see what other counties were doing, and he went to some effort to do that. Information was received from 20 counties in the state, and there 7

8 were really only two counties that were definitely planning to use county money or some sort of money to supplant federal funds. A couple of others are considering it. Out of the counties surveyed, 16 have either not made a decision or they decided not to advance money. My understanding is that funds are available to fund WIC through October 31. Murray said, That s what we ve been told, but last week on Tuesday at 4:07 we got an that said we could no longer issue vouchers at close of the day at five o clock. Honestly, they tell us now that funds could possibly be available, but it could change any day. Boone said that was true for everybody else. He said, I was told shortly before this meeting that there may be some extra funds available at DSS, but I don t know how much. The reason I asked is because I wondered if it was necessary for us to take action tonight. Maybe we could see what the situation is at the next meeting. If I had to bet, I d bet the odds are better than that the situation in Washington will be resolved before October 31. I think there is a good chance, and in that case, it would not be necessary for us to take action. We would not be setting a precedent or anything. It s a tough situation for everybody involved. I do have a little bit of a problem with equity between the agencies. Robertson said that earlier in the meeting the sheriff s office had been given latitude in spending money that was not available to other county departments. Boone said that on his part, there had been some reservations on some of the requests submitted from the sheriff s office. Chairman Johnson said, There hasn t been a federal budget for five years. That s the reason why you keep having these eruptions every few weeks or months. There has not been a federal budget adopted in this country for five years. They raise the debt limit and then they run out of borrowing capacity. They go through this dog and pony show every few weeks or months. There have been a number of budgets over those five years that s been passed out of the House of Representatives but never taken up in the United States Senate. That s not a partisan statement, it is just a historical fact. In those five years the President has actually introduced one budget on time and that budget went down in flames in the US Senate 99 to 0. Nobody voted for it. You ve got a great deal of polarization, but I don t know how you can have a country that can operate in any kind of sane manner for five years without a budget. That s the reason this insanity goes on. There s a great vacuum of leadership. You ve got a similar problem with the state budget in that they take legislative action that impacts our budget. What we have to do as a county, in my mind, is that when we adopt a budget we have to limit the impact of other governing bodies actions on this budget as much as we can. You have to maintain to the best of your ability some type of firewall. If you do not maintain some budgetary discipline you do not maintain continuity. You do not maintain a tax rate. I think that if you want to speak to the equity between departments that fine. I think the most clearly delineated point that you can declare equity is by establishing a firewall as much as you can between the county budget and the actions of other legislative bodies. If one agency is limited in the degree of latitude that they have, and another one is not, that s not the fault of this body. It is the fault of the way the law was enacted when those programs were first administered. I will vote for this request, but my line in the sand and my firewall will be to maintain the integrity of the county budget. We ve got a whole lot of other responsibilities other than this. Some of which have a lot to do with public safety, and we are going to inhibit the ability to perform those duties if we do not maintain this firewall on the county s budget at every opportunity that we can. To me, that maintains equity in the matter as far as the treatment, and it maintains the integrity of the budget. It gives Ms. Murray and her staff some latitude to deal with it as afforded to them by law which is of no action taken by this board. Again, if this problem is to go away, the federal government needs to adopt a budget. They haven t done it in five years. Commissioner Robertson asked if Mr. Boone was asking for the board not to vote on the matter now. Boone said this would be a good idea. Ms. Murray said the health board was concerned about having money at the end of the month. 8

9 Commissioner Robertson said it was understood that Mr. Boone was asking the board to delay the decision due to not wanting the public to believe that a precedent had been set. Chairman Johnson said a problem would occur if a decision was delayed and the funding stopped at the end of October. He said the board of commissioners didn t meet until the first week in November. Mr. Boone said there would be a gap of five days. Ms. Murray said the WIC employees would have to be compensated for work they had already performed. MOTION by Commissioner Robertson to approve Budget Amendment #11 that agrees with the Board of Health s motion to allocate up to $100,000 of Medicaid Maximization savings from the health department for WIC salaries, if needed. VOTING: Ayes 4; Nays 1 (Boone) Cty BA# 11 Purpose: To allocate Med Max funds as a contingency to fund the WIC program ICHD BA# until Federal funds are available REVENUE LINE(S) DESCRIPTION EXISTING BUDGET CHANGE AMENDED BUDGET Maternal Health Medicaid Max (231,156) (50,600) (281,756) Child Health Medicaid Max - (49,400) (49,400) EXPENSE LINE(S) DESCRIPTION EXISTING BUDGET CHANGE AMENDED BUDGET Salaries & Wages-Regular 503,082 71, , FICA Tax 38,493 5,400 43, Employee Health Benefits 119,200 15, , State Retirement and 401k 64,494 8,300 72,794 ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Personnel Advisory Committee (1 announcement) Local Emergency Planning Committee (1 announcement) APPOINTMENTS TO BOARDS AND COMMISSIONS Partners Behavioral Healthcare Board of Directors (2 appointments): Commissioner Griffith nominated Gayle Mitchell and Matt McCall. MOTION by Chairman Johnson to close the nominations and to appoint Mitchell and McCall by acclamation. PUBLIC COMMENT PERIOD Kimberly Clarke Speaks in Regards to Avalon Farm: Kimberly Clarke, representing Avalon Farm, said this agency was a 501(c) 3 nonprofit entity providing educational programs for at-risk or special needs children and their families. She said most of the programs were 9

10 conducted outdoors with hands on nature training that included animals. Clarke said there was also a wellness center at the facility where children were housed overnight. Continuing, Clarke said the following: Avalon Farm has existed in Iredell County for eight years. In 2010, Avalon Farm was approved by former County Assessor Bill Doolittle as an exempt entity for property tax purposes. This exemption lasted from In 2013, Avalon Farm lost its exempt status. Much correspondence has occurred regarding the non-exemption, and the staff has not kept the county commissioners informed about the matter. Avalon Farm has lost contracts, grants and business due to the Iredell County s Tax Office s inquiries about the entity. Avalon Farm appeared before the Board of Equalization and Review in regards to the non-exempt status but was denied. Avalon Farm is now appealing this decision to the Property Tax Commission in Raleigh, NC. Clarke said, Avalon Farm is offering one last opportunity to have you all come together as a group as you are required to do by statute. Avalon Farm doesn t feel that you ve ever discussed this issue. We feel like it has been discussed privately and not as a group and a board of commissioners. Chairman Johnson asked if there was any pending litigation pertaining to Avalon Farm that involved the county. County Manager Smith said there was no litigation; however, Avalon Farm had appealed the most recent Board of Equalization and Review decision to the State Property Tax Commission. Commissioner Griffith asked if this was the proper chain of authority. Smith said yes. Griffith said the Board of Equalization and Review made a ruling and if the property owner did not like the decision, the next step was the Property Tax Commission. Smith said this was correct. Griffith said the board of commissioners could not override the Board of Equalization and Review s decision. Smith said that was his understanding. Clarke asked if this was an understanding or a law. Griffith said that while she empathized with Ms. Clarke, there was nothing the commissioners could do. Clarke said, I will reiterate that the entire board of commissioners did not know anything about this before it went before the board of equalization and review. Only one or two board members knew about it. Tax Collector Melia Miller said the Board of Equalization and Review had been appointed to hear the cases. She said the Board of Equalization and Review had rendered a decision, and the property owner had appealed to the Property Tax Commission. Ms. Miller said it wasn t typical for the board of commissioners to know about the situation prior to the Board of Equalization & Review s hearing. Griffith said it almost looked like Ms. Clarke was trying to bypass the process or path for the appeals. Ms. Clarke said she was attempting to give the board of commissioners a chance to be coherent and to do what a board is supposed to do -- that we feel like was never done. 10

11 Griffith said the board of commissioners had appointed a board of equalization and review and there were checks and balances that had occurred along the way. Chairman Johnson said it was understood the first step was to take the matter to the Board of Equalization and Review. He said that if a taxpayer was dissatisfied with the decision, an appeal could occur to the Property Tax Commission in Raleigh. Tax Administrator Bill Furches said correct. Chairman Johnson asked if the board of commissioners had authority to intervene anytime during the process. Tax Administrator Bill Furches said no. Clarke asked if this was an understanding or a statute. She said if it was a law that she wanted a copy of it. Ms. Miller said it might not be spelled out specifically as a statute rather it might be a combination of several statutes. She advised that the information would be shared with Ms. Clarke. Chairman Johnson asked Ms. Miller to read the relevant statutes and to provide an opinion to the question along with a synopsis as to how the opinion was derived. He requested for the information to be shared with Ms. Clarke. Commissioner Boone said he would like to receive the information too. He said that while Ms. Clarke made some valid points, the board of commissioners had appointed the board of equalization and review to make the rulings. Mr. Boone said the matter was currently being discussed by a judicial body while the board of commissioners was a legislative body. He said it was unknown if the board of commissioners should even be commenting on the specifics of the case. Ms. Clarke said, I think there is an opportunity for that to be looked at and that s what we are asking. I think the statutes will clearly show that as well. CLOSED SESSION: MOTION by Chairman Johnson at 7:50 PM to enter into closed session pursuant to G.S (a) (3) Attorney-Client and G.S (a) (6) Personnel. APPOINTMENT OF RETHA GAITHER AS THE IREDELL COUNTY CLERK TO THE BOARD: MOTION by Chairman Johnson, effective December 2, 2013, that Retha Gaither be appointed as the Clerk to the Board with this date coinciding with the retirement of Clerk to the Board Jean Moore and with Ms. Gaither s salary to be established at $50,000 annually. The salary, however, will become effective November 1, 2013, as on this date she will be sharing the duties as the clerk appointee as well as the county manager s secretary. ADJOURNMENT: MOTION by Chairman Johnson to adjourn the meeting at 8:15 PM. (NEXT MEETING: Tuesday, November 5, 2013 in the Iredell County Government Center, 200 South Center Street, Statesville, NC.) Approval: Clerk to the Board 11