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CALDWELL COUNTY BOARD OF COMMISSIONERS Lenoir, North Carolina August 21, 2017 6:00 p.m. Present: Absent: Staff Present: Randy T. Church, Chairman Mike LaBrose, Vice Chairman Jeff Branch Donnie Potter Robbie Wilkie None Stan Kiser, County Manager Kathy Greene, Clerk to the Board Chairman Church opened the meeting and welcomed everyone. Public Comment There was no public participation. Regular Session Commissioner Wilkie gave the invocation and Commissioner Branch led the Pledge of Allegiance. Chairman Church asked if there were any additions or amendments to the August 21, 2017 agenda. Commissioner Potter moved to add an item to the consent agenda to consider a $4,000.00 donation to South Caldwell Optimist for a scoreboard. Commissioner LaBrose moved to approve the agenda as presented and amended. The motion carried unanimously. Proclamation 16 th Anniversary of September 11, 2001 Tragedy Chairman Church read the following proclamation and, upon its reading, Commissioner Potter moved to adopt same and Commissioner Wilkie seconded. The motion carried unanimously. Proclamation by Caldwell County North Carolina Recognizing the National Moment of Remembrance of the 16 th Anniversary of September 11, 2001 WHEREAS, Caldwell County Commissioners express their support of the citizens of the United States coming together as a Nation and ceasing all work or other activity for a moment of remembrance

beginning at 8:46 a.m. Eastern Daylight Time on September 11, 2017, in honor of the 16th anniversary of the terrorist attacks committed against the United States on September 11, 2001; and WHEREAS, at 8:46 a.m., on September 11, 2001, hijacked American Airlines Flight 11 crashed into the upper portion of the North Tower of the World Trade Center in New York City, New York; and WHEREAS, 17 minutes later, at 9:03 a.m., hijacked United Airlines Flight 175 crashed into the South Tower of the World Trade Center; and WHEREAS, at 9:37 a.m., the west wall of the Pentagon was hit by hijacked American Airlines Flight 77, the impact of which caused immediate and catastrophic damage to the headquarters of the Department of Defense; and WHEREAS, at approximately 10:03 a.m., the passengers and crew of hijacked United Airlines Flight 93 acted heroically to retake control of the airplane and thwart the taking of additional American lives by crashing the airliner in Shanksville, Pennsylvania, and, in doing so, gave their lives to save countless others; and WHEREAS, nearly 3,000 innocent civilians were killed in the heinous attacks of September 11, 2001; and WHEREAS, tens of thousands of individuals narrowly escaped the attacks at the Pentagon and World Trade Center and, as witnesses to this tragedy, are forever changed; and WHEREAS, countless fire departments, police departments, first responders, governmental officials, workers, emergency medical personnel, and volunteers responded immediately and heroically to those horrific events; and WHEREAS, the Fire Department of New York suffered 343 fatalities on September 11, 2001, the largest loss of life of any emergency response agency in United States history; and WHEREAS, the Port Authority Police Department suffered 37 fatalities in the attacks, the largest loss of life of any police force in United States history in a single day; and WHEREAS, the New York Police Department suffered 23 fatalities as a result of the terrorist attacks; and WHEREAS, the impact of that day on public health continues through 2017, as an estimated 400,000 people are at risk of or suffering from negative health effects as a result of the events of September 11, 2001, including 14,000 workers and 2,400 community residents who are sick, and tens of thousands of others whose health is being monitored; and WHEREAS, 16 years later, the people of the United States and people around the world continue to mourn the tremendous loss of innocent life on that fateful day; and WHEREAS, 16 years later, thousands of men and women in the United States Armed Forces remain in harm s way defending the United States against those who seek to threaten the United States; and

WHEREAS, on the 16th anniversary of this tragic day, the thoughts of the people of Caldwell County are with all of the victims of the events of September 11, 2001 and their families; and WHEREAS, the lives of Americans were changed forever on September 11, 2001, when events threatened the American way of life; and WHEREAS, in 2009, Congress and the President joined together to designate September 11 as a National Day of Service and Remembrance under the Serve America Act (Public Law 111 13; 123 Stat. 1460); and WHEREAS, in September 2009 and 2010, President Obama issued Proclamation 8413 (74 Fed. Reg. 47045) and Proclamation 8559 (75 Fed. Reg. 56463) proclaiming September 11, 2009, and September 11, 2010, respectively, as Patriot Day and National Day of Service and Remembrance; and WHEREAS, September 11 will never, and should never, be just another day in the hearts and minds of all people of the United States; NOW, THEREFORE BE IT RESOLVED that the Caldwell County Board of Commissioners: (1) recognizes September 11, 2017, as a day of solemn commemoration of the events of September 11, 2001, and a day to come together as a Nation; and (2) offers its deepest and most sincere condolences to the families, friends, and loved ones of the innocent victims of the September 11, 2001, terrorist attacks; and (3) honors the heroic service, actions, and sacrifices of first responders, law enforcement personnel, State and local officials, volunteers, and countless others who aided the innocent victims of those attacks and, in doing so, bravely risked and often gave their own lives; and (4) recognizes the valiant service, actions, and sacrifices of United States personnel, including members of the United States Armed Forces, the United States intelligence agencies, the United States diplomatic service, homeland security and law enforcement personnel, and their families, who have given so much, including their lives and well-being, to support the cause of freedom and defend the security of the United States; and (5) reaffirms that the people of Caldwell County will never forget the challenges our country endured on and since September 11, 2001, and will work tirelessly to defeat those who attacked the United States; and BE IT FURTHER RESOLVED that on the 16th anniversary of this tragic day in United States history the Caldwell County Board of Commissioners requests that citizens observe a moment of remembrance on September 11, 2017, and BE IT FURTHER RESOLVED that the Caldwell County Board of Commissioners requests the observance of the moment of remembrance to last for 1 minute beginning at 8:46 a.m. Eastern Daylight Time by, to the maximum extent practicable ceasing all work or other activity; and marking the moment in an appropriate manner, including by ringing bells, blowing whistles, or sounding sirens.

Adopted this 21 st day of August, 2017. Attest: Kathy T. Greene, Clerk to the Board Randy T. Church, Chairman Michael W. LaBrose, Vice Chairman Commissioner Jeff Branch Commissioner Donnie Potter Commissioner Robbie Wilkie Excellence in Customer Service Award Recipient LouAnne Kincaid reported the three nominees for the 2 nd quarter award were Sandy Rich, Board of Elections; Joy Cole, Information Technology; and Isabel Rubio, Health Department. She announced Ms. Rubio had been chosen by the Design Team as the recipient of Caldwell County s Award for Excellence in Customer Service for the 2 nd quarter of 2017. Ms. Kincaid read letter the written by one of Ms. Rubio s coworkers and supported by all of her colleagues in the Health Department s Clinic. The County Manager and Commissioners presented Ms. Rubio with a certificate and plaque in honor of the award and extended appreciation to her for excellent customer service. Recognition of Retired Health Director Denise Michaud Denise Michaud was formally recognized for her years of service with Caldwell County with the Health Department and for her leadership and dedication to the Health Department as its Director. The Board of Commissioners extended appreciation for her valuable service to the County. Ms. Michaud expressed her appreciation for the opportunity to work for Caldwell County and said the County had been very good to her. She said even though she was not a resident of the County, she considered Caldwell County her home. Proclamation Child Support Awareness Month Mitch Laws, Child Support Supervisor with the Department of Social Services, provided Commissioners the following statistics for the program during FY2016-2017. Mr. Laws said the Child Support Division of DSS was made up of ten employees (seven child support agents, one administrative assistant, one supervisor, and one lead agent). He said their responsibilities included location of nonparent(s); establishment of paternity; establishment of child support

obligation; collection of child support obligations; and, enforcement. Contrary to what some people believe, Mr. Laws said they were not responsible for custody rights, visitation, or property settlements. He noted that the Clerk of Court no longer enforced child support orders and said all families, regardless of income levels, were eligible for the program. During FY2016-2017, they served 3,627 children; established 304 new child support obligations; conducted paternity tests for 433 children; modified 488 child support obligations; initiated 5,764 enforcement actions; intercepted $290,702.66 in federal income tax refunds; and, collected $5,578,434 in child support payments. Mr. Laws said he was proud of the program s results, noting it spoke volumes about the dedication and work done by the Child Support Division staff. He extended appreciation to the Caldwell County Sheriff Office; Clerk of Court; magistrates; district attorney; judges; and, Lenoir, Hudson, and Granite Falls Police Departments for their assistance and support. Mr. Laws read the following proclamation and, upon its reading, Commissioner Wilkie moved to adopt it as read. The motion carried unanimously. PROCLAMATION Child Support Awareness Month in Caldwell County August 2017 WHEREAS, the welfare of our children is the most important responsibility we have as parents. A child should be able to depend on support from both parents; and WHEREAS, children who do not receive adequate financial and emotional support from both parents may experience greater difficulty in becoming healthy, happy and productive citizens of the State. In such cases, the taxpayers of this State support the children whose parents fail to meet this responsibility; and WHEREAS, many concerned and dedicated judges, district attorney, clerk of court, sheriff s department, and child support enforcement professionals, work to establish and enforce child support for Caldwell County s children our future; NOW, THEREFORE, BE IT RESOVLED, that the Caldwell County Board of Commissioners does hereby proclaim August 2017 as CHILD SUPPORT AWARENESS MONTH in Caldwell County, and commends this observance to our citizens. Attest: Adopted this the 21 st day of August, 2017.

Kathy T. Greene, MMC Clerk to the Board Caldwell County Schools and GFMS Updates Randy T. Church, Chairman Dr. Steve Stone briefly updated Commissioners about the state of the schools and noted the graduation rate continued to be around ninety percent. He said the system received national Advanced Education Certification for the next five years for all of its twenty-six schools. Dr. Stone reported approximately 12,000 students would start school on August 28 th and said 600 students had already started at the early college high school. Dr. Stone also talked about the Board of Education s project for a new Granite Falls Middle School and said he was excited about legislation, Article 24-524 tax, to be used for school construction or economic development. He said he wanted Caldwell to be the first county out of the gate to get that revenue. Dr. Stone said Granite Falls Middle School was a priority for the Board of Education and they looked forward to future dialogue about getting those revenues in order to move forward with the project. He announced a $1.9 billion bond issue would go before North Carolina voters in 2018. Dr. Stone thanked the Board of Commissioners for their support of the school system. Corrective Measures Study for Former CSI Landfill Facility Mr. Kiser reported Caldwell County was notified by the State of North Carolina in June that corrective measures should have been done by the State about 15 years ago. He noted Bud McCarty, Head of the Facility Management Branch (Hazardous Waste Section, Division of Waste Management, and Department of Environmental Quality), had been in discussions with Barry Calloway and Karen Maye concerning the study and implementation for the former CSI Landfill site as referenced in the 1991 Consent Decree. Mr. McCarty advised the County needed to provide a feasibility study and to select a remedy for the site. The goal of the study, the remedy selection, and implementation of the remedy is to ensure protection of public health and the environment. This goal can be accomplished either through remediation of the contaminated groundwater to the NC Groundwater Standards (15A NCAC 2L.0202) or through a risk evaluation to ensure there are no complete exposure pathways and continued monitoring of the groundwater. Mr. Kiser referred Commissioners to an agreement and addendum proposed by Hart & Hickman, PC to provide environmental consulting services and to develop a Corrective Measures Study to address the groundwater contamination related to historical releases at the former CSI landfill site. He said the County Attorney reviewed both documents. Commissioner Branch moved to approve the agreement and addendum which is hereby incorporated by reference and made a part of these minutes (Exhibit A) as presented to develop the plan. The motion carried unanimously.

Award Bid for Financing FY2017-2018 Capital Outlay Finance Officer Tony Helton reported he received ten quotes from the following financial institutions with interest rates ranging from 2.35% to 1.6%. He noted the lowest rate was quoted by Regions Bank and recommended Commissioners award the financing contract to that bank. Regions Bank 1.6000% Bank of America 1.7892% US Bank 1.7940% PNC B 1.9600% SunTrust 1.9800% First Citizens 2.0500% Capital One 2.1700% BB&T 2.2000% Key Bank 2.2000% Pinnacle 2.3500% Mr. Helton referred to a list of capital outlay previously approved by Commissioners for purchase; however, the County was recently awarded $240,000 in grant funding after the FY2017-2018 budget was developed. He talked about the use of the grant money along with the loan proceeds to purchase the approved capital outlay as well as five more Lucas CPR devices and a transport van for the Sheriff Office. It was noted the first debt service payment would not be due until next fiscal year (2018-2019); therefore, no debt service payment would be required during the current fiscal year. Mr. Helton requested Commissioners award the bid for financing for the capital outlay; to accept the grants; and, to approve the following budget amendment associated with the funding awards. Increase 10.9000.330000.4600 Grant Funds $240,000.00 Decrease 10.9800.390001 Installment Loan Proceeds $ 32,000.00 Increase 10.9100.419601 Loan fees $ 18,000.00 Increase 10.9000.451000.4600 Equipment $ 80,000.00 Increase 10.9000.451001.4320 Vehicles $110,000.00 Commissioner Wilkie moved to accept the lowest bid from Regions Bank; to authorize the borrowing as recommended by the Finance Officer; to adopt the authorizing resolution which is hereby incorporated by reference and made a part of these minutes (Exhibit B); to accept the grants; and, and to approve the budget amendment. The motion carried unanimously. Authorization to Negotiate Acquisition of the Former Grace Chapel Fire Department Facility Chairman Church talked about how Lovelady Rescue Squad s eventual closing of its operation would leave a void in the Grace Chapel area, specifically with the ambulance service Lovelady had provided. He noted Grace Chapel had a large population that resulted in increased housing and growth in the school population. Chairman Church informed Commissioners that Grace Chapel Fire Chief Brian Edwards had contacted Commissioner Wilkie about the County s desire

to possibly purchase the department s former facility that was vacated when they constructed and moved into the current facility. He talked about the need for an ambulance and County presence in that community. Commissioner LaBrose agreed and said it would be beneficial in the County moving forward to have an ambulance for the growing community to improve response times especially considering the future widening of US Hwy 321 and replacement of Old Mill Pond Bridge as well as use for a potential satellite office for the Sheriff and space for storing emergency equipment. Chairman Church said Grace Chapel Fire Department officials were willing to work out a lease/purchase arrangement or to make payment in full for the asking price to purchase the property outright. Discussion followed about possible uses for the vacated property and Commissioner Potter stated he wanted the Board of Commissioners to take action immediately to buy the property. He said it was a reasonable offer and an opportunity to locate an ambulance in that area. Commissioner Branch said he would like to wait to make a decision because he had not been apprised of the proposal and had just recently been notified of the offer. At the request of Commissioner Potter, Chief Brian Edwards presented the department s proposal to the Board of Commissioners. Chief Edwards said he talked with two independent realtors about the value of the 2.2-acre property and noted the tax value was $364,200. He said the department wanted it to be beneficial to the County as well as to Grace Chapel Fire & Rescue; therefore, the department had priced the sale of the property to Caldwell County for $150,000. He said the property also included a two-story house that was used for training and said the department would be responsible for abating it; however, the department wanted to retain the BBQ shed and would be responsible for moving it to the current site. Discussion followed about options for financing the acquisition either by paying $50,000 down and payments over the next two years to pay the remaining $100,000; to include in the County s upcoming borrowing; or, to pay the entire $150,000 at closing. Commissioner Potter noted the property would need some updating, said there were several uses for the property, and said Commissioners did not need to delay the purchase. EMS Director Dino DiBernardi talked about staffing and operation of that facility by the County using existing equipment and employees. Mr. DiBernardi said the proposal was fully supported by EMS and Emergency Services. Tony Helton suggested including the purchase cost as part of the borrowing for the upcoming construction of the two new EMS bases. Commissioner Potter said he did not want to wait and moved to authorize the County Manager to execute documents to purchase the former Grace Chapel Fire Department in the amount of $150,000 and to approve the following budget amendment for an appropriation from the fund

balance. The motion carried unanimously. Increase 10.9800.397000 Fund Balance Appropriation $150,000.00 Increase 10.9000.457000.4600 Land Acquisition $150,000.00 Consent Agenda 1. Approval of Minutes The County Manager recommended the Board of Commissioners approve the minutes of the July 17, 2017 meeting. 2. Budget Amendments The County Manager recommended the Board of Commissioners approve the following budget amendments. A. Rollover of FY2016-2017 to Current Year for Outstanding Purchase Orders and Projects - $32,597.01 The following budget amendment is necessary to rollover funding to the current fiscal year that was designated for purchase orders issued during FY2016-2017. Increase 10.9800.397000 Fund Balance Appropriation $32,597.01 Increase 10.4261.435500 M&R Building $11,615.00 Increase 10.9000.451000.4320 Equipment $ 7,987.76 Increase 10.9000.452000.4318 Non capital Equipment $ 728.00 Increase 10.9000.452000.4318 Non capital Equipment $ 9,904.00 Increase 10.4317.421200 Uniforms $ 2,362.25 B. Sheriff Office (Grant Money to Purchase Non-capital Equipment) $11,125.00 The following budget amendment is necessary to reflect grant funding for the Sheriff Office to be used for the purchase of non-capital equipment. Increase 10.9000.330000.4317 Other Grants $11,111.25 Increase 10.9000.452000.4317 Non capital Equipment $11,111.25 C. New State Sales Tax Article 44-524 (Economic Development Incentives and Current Expense Funding for Schools and CCC&TI) $648,000.00 The following budget amendment is necessary to appropriate $648,000.00 from the new sales tax article 44-524 funds to offset the cost of economic development incentives as well as current expense funding for both the public schools and community college. Increase 41.3000.397000 Fund Balance Appropriation $648,000.00 (Capital Accumulation Fund) Increase 10.9800.391000 Interfund Transfer $648,000.00 Increase 41.9800.498000 Interfund Transfer $648,000.00 Decrease 10.9800.397000 Fund Balance Appropriation $648,000.00 D. Fund Balance Appropriation to Complete the Following Projects Construction of the New Entrance Road at the HHS Building - $350,000.00 Replace HVAC System at the Courthouse - $10,000.00 Replace the Boiler at the Courthouse - $185,000.00

Improvements to the Inmate Drop Off Area at the Courthouse - $80,000.00 Replace the Boiler at the Lenoir Library - $23,000.00 The following budget amendment is necessary to appropriate fund balance revenues to complete the aforementioned projects. Increase 10.9800.397000 Fund Balance Appropriation $648,000.00 Increase 10.9800.498800 Interfund Transfer $350,000.00 Increase 10.4261.435500 M&R Courthouse $275,000.00 Increase 10.4272.435500 M&R Library Building $ 23,000.00 Increase 41.3000.391005 Interfund Transfer $350,000.00 Increase 41.4726.459600.10149 Construction $350,000.00 E. Health Department (1) Health Communities Grant (Increased Funding) $3,810.00 The following budget amendment is necessary to reflect additional grant funds to be used for staff training and mass media campaigns focused on the FY2017-2018 Community Action Plan strategies. Increase 10.5116.331506 Health Promotion $3,810.00 Increase 10.5116.431200 Training $ 750.00 Increase 10.5116.431100 Mileage $ 250.00 Increase 10.5116.444100 Contractual $2,810.00 (2) STD Prevention Grant (Increased Funding) $608.00 The following budget amendment is necessary to reflect additional grant funds to be used for staff raining in order to assure high quality patient care. Increase 10.5116.330027 STD Grant $608.00 Increase 10.5116.431200 Training $500.00 Increase 10.5116.431100 Mileage $108.00 (3) Breast and Cervical Cancer Control Program (Increased Funding) $1,530.00 The following budget amendment is necessary to reflect additional BCCCP funding to be used to increase the number of breast cancer screenings for women who are eligible for the program. Increase 10.5116.331504 CL BCCCP $1,530.00 Increase 10.5116.419200 Professional fees $1,530.00 (4) Rollover of Remaining Funds from Previous State Grant for EMR System and Other Department Needs - $51,104.00 The following budget amendment is necessary to rollover NC Department of Public Health grant funding from prior year to the FY2017-2018 budget. Decrease 10.9800.397000 Fund Balance $51,104.00 Decrease 10.5110.426000 Supplies $ 9,000.00 Decrease 10.5110.431200 Training $ 6,000.00 Decrease 10.5110.431100 Mileage $ 3,000.00 Decrease 10.5110.444100 Contractual $33,104.00

(5) Healthy Mothers Healthy Children Block Grant (Reduced Funding) $18,389.00 The following budget amendment is necessary to reflect a reduction in Healthy Mothers Healthy Children program allocation to the Health Department. Decrease 10.5116.334514 CL FP-st $10,389.00 Decrease 10.5116.334504 CL CH $ 8,000.00 Decrease 10.5116.426000 Supplies $ 5,000.00 Decrease 10.5116.426100 Medical Supplies $13,389.00 3. Declare Library Books/Items Surplus and Authorize Disposal It was noted the library staff identiffied1,231 items that needed to be declared surplus and staff requested authorization for appropriate disposal via donation to local non-profit organizations or sale through the Better World Book Wholesaler with any remaining after sales be donated to the Friends of the Caldwell County Public Library, a non-profit organization that supports the library system. Mr. Kiser recommended the Board of Commissioners declare 1,231 books and items surplus and authorize disposal of same as requested by the Library Director. 4. Requests to Use Lottery Funds for 1) Annual Debt Service Payment on QSCB I and II Loans; and, 2) Project to Replace Chiller at Dudley Shoals Elementary School Mr. Kiser reported the County received applications from Caldwell County Schools requesting the use of $382,379.28 from the Public School Building Capital Fund (ADM and NC Education Lottery funds) to pay the annual debt service due for the QSCB I and II loans; and, to use $115,000.00 from the Public School Building Capital Fund (ADM and NC Education Lottery funds) to replace the chiller at Dudley Shoals Elementary School. It was noted the funds were flow through revenues and did not include any local dollars. Mr. Kiser recommended the Board of Commissioners approve the applications; approve the following budget amendments; and, to adopt the following project budget ordinances. Increase 74.5910.334302 Public School Lottery $232,479.28 Increase 74.5910.465810 Public School Lottery $232,479.28 Increase 74.5910.334302 Public School Lottery $149,900.00 Increase 74.5910.465810 Public School Lottery $149,900.00 Increase 74.5910.334302 Public School Lottery $115,000.00 Increase 74.5910.465810 Public School Lottery $115,000.00 5. Donation to South Caldwell Optimist - $4,000.00 The following budget amendment is necessary to appropriate Fund Balance revenues in order to donate $4,000.00 to South Caldwell Optimist to purchase a scoreboard. Increase 10.9800.397000 Fund Balance Appropriation $4,000.00 Increase 10.6577461250 Dudley Shoals Park $4,000.00 Commissioner LaBrose moved to approve the five items on the consent agenda as presented and recommended by the County Manager. The motion carried unanimously.

Appointments The Clerk said an appointment was needed for the Rail Commission to fill the vacancy resulting from Clay Bollinger s resignation at the end of his term as Caldwell County Commissioner. She said Jeff Branch was willing to serve on the Rail Commission. She also said Tina Miller, Area Aging Director with Western Piedmont Council of Governments, submitted a request for Commissioners to appoint Jeff Dula to serve on the Regional Aging Advisory Committee. Commissioner Potter moved to appoint the Jeff Branch to the Rail Commission and to appoint Jeff Dula to the Regional Aging Advisory Committee. The motion carried unanimously. There being no further business, Commissioner Wilkie moved to adjourn and, by unanimous vote, Chairman Church declared the meeting adjourned at 7:15 p.m.