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Home My WebLink AboutAugust 5 2003 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES AUGUST 5, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, August 5, 2003, at 7:00 p.m., in the Iredell County Government Center (Commissioners' Meeting Room), 200 South Center Street, Statesville, NC. Present were: Chairman Steve D. Johnson Vice Chairman Godfrey Williams Doug Madison Marvin Norman Sara Haire Tice Staff present: County Manager Joel Mashburn, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. INVOCATION by Chairman Johnson. PLEDGE OF ALLEGIANCE TO THE FLAG ADJUSTMENTS OF THE AGENDA: OTION by Chairman Johnson to adjust the agenda by the following actions: Deletions: • Request from the City of Statesville for the Review of an Urban Service Area (see briefing minutes) • Announcement of the Iredell County Tax Collector's Retirement Effective June 1, 2004 and Acceptance of his Letter of Resignation (see briefing minutes) • Closed Session for an Economic Development Matter Additions: • Amended Capital Project Ordinance for the CDBG Water/Sewer Project Fund (Millard Refrigerated/West Farm Water Tower Project) • Budget Amendment #4 for $125,826 to recognize a Homeland Security Grant and to appropriate the funds for equipment, exercises and training • Budget Amendment #5 to recognize a grant from the State of North Carolina for the Citizen Corp Council VOTING: Ayes - 5; Nays - 0. APPOINTMENT BEFORE THE BOARD Presentation from Mr. Stan Thompson, Chairman of the Transportation Committee for the Mooresville/South Iredell Chamber of Commerce, Regarding the Hydrail Initiative: Mr. Thompson said a group in Mooresville had been trying to facilitate the development of the world's first hydrogen fuel cell powered rail line between Mooresville and Charlotte. He said the line would be a part of the Charlotte Area Transit System (CATS) network. Thompson said the federal and state governments were encouraging hydrail systems, and a grant would be written by the University of North Carolina at Charlotte. Thompson said the technology was already in place due to a small hydrail locomotive being built in California and a switch engine now being used at army yards. Thompson gave the following eight purposes of the hydrail initiative. 1. To justify and obtain federal funding toward extending the CATS north line into Mooresville. 2. To help President Bush's hydrogen -based energy independence policy. 3. To help the Centralina region "stave of tronsportation funding impoundment by the U.S. EPA due to air quality non -attainment. 4. To exercise/demonstrate the Mooresville Chamber of Commerce's development and commercialization relationship with the University of North Carolina at Charlotte. 5. To serve as the anchor project for the Mooresville Chamber's "Hydrogen Valley" development vision, uniting communities in a hydrogen research and development and commercialization complex. 6. To attract maximum CATS ridership to a unique, clean, silent, and environmentally e..zciting "world's first" transit technology. 7. To provide a high -visibility project showcasing the U.S. EPA and Centralina Council of Governments' Sustainable Environment for Quality of Life (SEAL) project. 8. To give North Carolina one "transportation first" that it didn't have to share with Ohio. Chairman Johnson thanked Mr. Thompson for his presentation PUBLIC HEARINGS (7:00 p.m.) Chairman Johnson declared the meeting to be in a public hearing and invited the individuals desiring to speak in reference to Case No. 0307-1 to come forward to be sworn in. Case No. 0307-1; Theodore N. Busch requests an Amendment to the Iredell County Land Use Plan and a Property Rezoning from Residential Agricultural to General Business Conditional Use District (Location: 197 Jennings Road, Statesville, NC — PIN#4747-82-7350): Planning Supervisor Smith said Mr. Theodore Busch desired to rezone 7.68 acres of a 19.02 parcel from Residential Agricultural to General Business Conditional Use District. Smith said Mr. Busch was proposing to establish a business on the property for the development and sale of car -care products. He said the following conditions had been created for the request. • Outside storage area shall be screened from Jennings Road and adjacent property lines at least 90% opaque, a minimum of eight feet in height measured from the ground. • A minimum front setback of 200 feet. • Lighting a. The primary cone of illumination shall not extend outside the property lines. b. Suite lighting source shall be at a height and direction so as not to be visible from I-77. Mr. Smith said the planning board unanimously voted to approve the rezoning and land use plan amendment on July 2, 2003. No one else desired to speak, and Chairman Johnson adjourned the hearing. MOTION by Commissioner Tice to amend the Iredell County Land Use Plan as it related to Case No. 0307-1 (Theodore N. Busch). VOTING: Ayes — 5; Nays — 0. MOTION by Commissioner Williams, after reviewing the findings of fact and determining them to be in order, to grant the rezoning request of Case No. 0307-1 (Theodore N. Busch) from Residential Agricultural to General Business Conditional Use District with the conditions stipulated by the planning supervisor. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Proposed Zonine Ordinance Amendment: Section 18.4 (Violations, Enforcement Procedure, Penalty): Planning Supervisor Smith said this amendment would help to bring some unison between the zoning ordinance and the county code. He said the code allowed his office to utilize the civil citation process whereas the zoning ordinance had never had this language added to it. Smith said the Institute of Government had recommended that the amendments be adopted, and on July 2, 2003, the planning board unanimously voted to approve the changes. Mr. Smith said the major revision would be adding the following paragraph to subsection D. The Zoning Administrator shall issue a Citation (by certified or registered mail to his last known address, by personal service, or by posting notice conspicuously on the property) giving seven (7) days to bring the violation into compliance and noting that the penalty, for the violation is 5100. # the owner or occupant comes into compliance within the seven (7) days, a $100 penalty will be collected. If the owner or occupant fails to come into compliance, a .second Citation will be issued (by certified or registered mail to his last known address, by personal 2 service, or by posting notice conspicuously on the property) axtending the deadline by another seven (7) days and assessing a penalty of $100 for the previous seven (7) days. There will be a continued accrual of $100 per day for each day the violation continues thereafter. Further failure to come into compliance will result in the case being turned over to the County Attorney for enforcement and possible legal action. In any case where the same owner and .same parcel are involved in the .same violation (repeat offender), the Citation process above will be utilized. A $100 minimum penalty will be collected. No one else desired to speak, and Chairman Johnson adjourned the hearing. OTION by Commissioner Madison to approve the amendments to Section 18.4 as presented. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Proposed Zoning Ordinance Amendment: Section 8.3 (Table of Permitted Uses & Special Uses — Winery) along with Article IX (Special Requirement Notes to the Table of Permitted Uses) & Section 18.6 (General Definitions): Planning Supervisor Smith said his office had received several inquiries about winery requirements. He said currently, the only areas where wineries could be located were in manufacturing districts. Smith said the Farmland Preservation Board and the Iredell County Planning Board had both given favorable recommendations to provisions that would allow vineyards and wineries to operate together. He said currently, vineyards were allowable under "bona fide farm uses," and this basically allowed them in any area of the county. Smith said the amendments would allow wineries to be operated as "special uses" in the Residential Agricultural and Rural -Residential Districts. Smith gave the following definition for a winery and said the following conditions would have to be met to be considered as an establishment of this type. A. General Definition: Winery: A facility or establishment engaged in the processing of grapes to produce wire or wine -like beverages. SR 51 Winery A. The facility must be operated in association with an existing vineyard (bona fide farm) located on the same property, or multiple adjoining properties under the .same ownership. B. Facility must be located in such a manner that visual impact to adjoining properties used or zoned for residential or agricultural purposes is minimal. C. All structures, buildings, storage area, etc., associated with the winery must be setback a minimum of two hundred (200) feet from all property lines or street right of ways. D. A facility serving as a winery may be permitted without the presence of an on-site vineyard f in the board of adjustment's estimation, thefacility will benefit, cater to, and serve the independent vineyards of Iredell County, and surrounding areas. E. Outdoor lighting shall be designed to minimize light from directly impacting adjacent property. F. All parking and storage area associated with the winery shall be screened from adjoining properties used or zoned for residential or agricultural purposes. if existing topography and natural vegetation does not provide an existing visual barrier, selective screening shall be required. Screening shall meet the requirements ofArticle 12.1 set forth in this ordinance. C. Associated small-scale processing, catering or lodging facilities (such as, but not limited to cheese making and restaurants), that are incidental to the winery, but may enhance the overall property in relation to tourism, mcry be permitted on a case-by- case basis by the Board ofAdiustment. Associated uses are subject to the above requirements as well. No one else desired to speak, and Chairman Johnson adjourned the hearing. MOTION by Commissioner Norman to approve the winery zoning ordinance amendments as proposed by the planning supervisor. VOTING: Ayes — 5; Nays — 0. ADMINISTRATIVE MATTERS 3 Request for Approval of the Transportation Improvement Program (TIP) Priorities: Planning Supervisor Smith briefed the board on the transportation priorities that were presented to the North Carolina Department of Transportation at the last two hearings. The priorities were as follows: 1. Interstate 40/US 21 Interchange & Widening 2. Brawley School Road (SR 1100) Interchange & Widening 3. US 70 - Widening from Fanjoy Road (SR 2318) to Salisbury 4. I-77/Cornelius Road Interchange and Connector to Mazeppa Road (SR 2395) 5. US 21/NC 115 Widening from Troutman to Barium Springs Other: Feasibility Study for River Highway (NC 150) Smith said he had been told the US 70 widening should be deleted from the list due to the improvements already occurring, and he was recommending that NC 150 (River Highway) be added as the #3 priority. He said that in reference to the #1 priority (I-40/US 21), the improvements should extend northward to Jane Sowers Road. Smith mentioned that due to the establishment of the Rural Planning Organization (RPO), that both regional and local improvement requests would be presented to the State. In addition, Mr. Smith said the two chambers of commerce had created a subcommittee to review transportation needs, and this group identified the following priorities. Greater Statesville and Mooresville -South Iredell Chamber ol'Commerce's Transportation Priorities Subcommittee Recommendations 1. I-7711-401US 21 improvements (broader inclusion) 2. Brawley School Road widening 3. River Highway (NC 150) widening 4. 1-77 widening 5. Garner Bagnal Boulevard widening 6. 1-77 Cornelius Road interchange and connector 7. US 21/NC 115 widening between Troutman & Barium Springs Chairman Johnson then recapped the following TIP priorities that had been recommended by Smith. 1. I-40/US 21 Interchange and Widening to Encompass the I -77/I-40 intersection and proceed north to the Jane Sowers Road 2. Brawley School Road (SR 1100) Interchange & Widening 3. River Highway (NC 150) 4. I-77/Cornelius Road Interchange and Connector to Mazeppa Road (SR 2395) 5. US 21/NC 115 Widening from Troutman to Barium Springs MOTIO by Commissioner Williams to approve the five Transportation Improvement Program priorities as recommended by Mr. Smith. VOTING: Ayes — 5; Nays — 0. Note: Chairman Johnson requested that at the hearings, Mr. Smith mention the Garner Bagnal widening. Johnson said this might convey to the State officials that other improvements were needed in the county. Also, at the briefing session, Johnson said that if membership in the RPO allowed for more improvement requests, he felt the area where the new Lowes complex was being constructed in Mooresville should be given some attention. (He mentioned both sides of Langtree Road.) -------------------------------------------------CONSENT AGENDA --------------------------------------- OTION by Chairman Johnson to approve the following 11 consent agenda items. VOTING: Ayes — 5; Nays — 0. 4 1. Request for Approval of (1) An Amended Capital Project Ordinance for the CDBG Water/Sewer Project Fund (2) the Awarding of the Water Storage Tank Bid to Phoenix Fabricators & Erectors in the Amount of $961,000 for the West Farm Development Project Contingent Upon Obtaining Easements & (3) the Approval of a Memorandum of Understanding Pertaining to the Funding of Contingency Costs for the Water Tank Project Iredell County, North Carolina Amended Capital Project Ordinance Community Development Block Grant (CDBG) Water/Sewer Project Fund Be it ordained by the Board of County Commissioners of Iredell County, North Carolina: Section I. Funds for the Sewer Project of this Capital Project Fund will be provided from the following sources: Millard Refrigeration 160,465 Greater Statesville Dev. Corp. 50,000 Iredell County General Fund 66,575 $ 277,040 Section 2. Funds for the Water Tank Project of this Capital Project Fund will be provided from the following sources CDBG-ED Grant 240,000 Rural Center Grant 150,000 Golden Leaf Pass-thru grant from Committee of 100 150,000 USDA Rural Economic Development Loan — to be repaid by Energy United Electric 240,000 West Family Commitment 300,000 Contingency Commitment from Project Participants 42,310 $1,122,310 Section 3. The following costs to design, engineer and construct the sewer line and lift station are as follows: Design, Engineering, & Other Costs $ 7,800 Contingency 8,775 General Construction 260,465 $277,040 Section 4. The following costs to design, engineer and construct the water tank are as follows: Professional Fees -Engineering, Surveying, Inspections 87,310 Grant Administration 24,000 Construction of Water storage Tank 961,000 Construction Contingency 50,000 $1,122,310 Section 5. This Capital Project Fund shall continue until the project is complete. Section 6. Payments from this Capital Project Fund shall be authorized by the County Manager or his designee. Section 7. Millard Refrigeration will be billed for its proportionate share of the sewer project construction contract as each invoice is received from the contractor. Section 8. Two-thirds of the funds committed by the West Family shall be due prior to the County's first payment on the water storage tank construction contract. The balance of the commitment shall be due after all other project funds have been drawn down and expended. Section 9. County funds remaining in this Capital Project Fund after completion of the construction project will be transferred to the Capital Reserve Fund. This amended Project Ordinance being adopted August 5, 2003. IREDELL COUNTY ENERGY UNITED WATER CORPORATION WEST FARM DEVELOPMENT PROJECT CONTRACT B: 1,000,000 GALLON ELEVATED WATER STORAGE TANK BID TABULATION Phoenix Fabricators Caldwell Tanks CB&I Constructors Avon, Indiana Louisville, KY Alpharetta, GA Base Bid (required) Lump Sum $961,000.00 $994,376.00 $1,261,000.00 1,000,000 Gallon Elevated Water Storage Tank, Complete 360 days Alternate Bid (required) Lump Sum $739,470.00 $820,193.00 $1,097,000.00 750,000 Gallon Elevated Water Storage Tank, Complete 360 days Alternate Bid No. 2 Lump Sum No bid No bid No bid (optional) 1,000,000 Gallon Elevated Water Storage Tank, Complete 270 days Alternate Bid No. 3 Lump Sum No bid No bid No bid o tional 750,000 Gallon Elevated Water Storage Tank, Complete — 270 days Alternate Bid No.4 Lump Sum No bid $1,160,135.00 $1,061,000.00 (optional) 1,000,000 Gallon Fluted Column Style Elevated Water Storage Tank — Complete 360 days Alternate Bid No.5 Lump SLIM No Bid $966,401.00 $897,000.00 (optional) 750,000 Gallon Fluted Column Style Elevated Water Storage Tank, Complete — 360 days Alternate Bid No. 6 Lump Sum No bid No bid No bid (optional) 1,000,000 Gallon Fluted Column Style Elevated Water Storage Tank, Complete — 270 days Alternate Bid No. 7 Lump sum No bid No bid No bid (optional) 750,000 Gallon Fluted Column Style Elevated Water Storage Tank, Complete — 270 days Instrumentation and Controls Lump SLIM $17,500.00 $12,500.00 $9,700.00 Base Bid (required Alternate Bid No.I Lump SLIM $16,660.00 $9,800.00 $8,900.00 (required) Dexter -Fortson Equipment Benjamin Thomas, an engineer with West Consultants, Inc., recommended that the low bid of $961,000 from Phoenix Fabricators & Erectors, Inc. (182 South County Road 900 East, Avon, Indiana 46123) be selected. Memorandum of Understanding Regarding the Funding of Contingency Costs for the Millard Refrigerated Services/ West Farm Water Tank Project The water tank project has funding of $1,080,000 and the low bid amount for the project is $961,000, excluding instrumentation and controls (telemetry). Additional costs are the engineering, surveying, and inspection fees of $87,310 and the CDBG administration fee of 6 $24,000. Thus, the total cost for the project is $1,072,310, which leaves $7,690 available for possible contingency costs. These funds will be exhausted before requests for additional funding will be necessary. Although there are no known or expected contingency costs, it is recognized that if some costs should arise which exceed $7,690 it then will be necessary to determine how the parties participating in the funding will pay for the costs. Therefore, the parties that have signed below do hereby agree to pay equally (20% each) any additional costs above the funded amount of $1,080,000, up to a maximum of $8,462 each. Such additional costs shall only be those that may become necessary to pay in order to satisfactorily complete the project. Unnecessary additional costs will not be paid in this manner (such as painted logo, etc.). Under this agreement there will be up to $50,000 in contingency funding available if necessary. A new and separate agreement will be required before contingency costs in excess of $50,000 can be paid. This document expresses the continued partnership and commitment to economic development and the future growth of Iredell County. Should contingency funds be necessary, amount of contingency used will be recouped through application of an acreage fee applied to the sale of property. Proceeds of the acreage fee will be redistributed to the parties based on the formula outlined above and will be discontinued once contingency funds are repaid. (Note: The document is to be signed by the following: Stephen D. Johnson [Iredell County Board of Commissioners], R.B. Sloan [EnergyUnited Electric Membership Corp.], Jerry Durmire [EnergyUnited Water Corp.], Julian West [West Realty Agency], and John McCalla [Statesville Development Corp.]) 2. Request for Approval of a Change Order for the new Iredell County Library Amounting to $534,623 (upfit for the lower level): Architect Earle Gaulden recommended during the briefing that a $534,623 change order be approved for the upfitting of the library's lower level. He said the $534,623.00 plus the $3,823,547.00 would give a total contract amount of $4,358,170.00, and this would leave enough funding for the data hook-ups, furnishings and contingency. Mr. Gaulden said he was still trying to work with the City of Statesville's Planning Department in an effort to secure more parking spaces. (The new library will now have 53,000 sq. ft. [all three levels] and this amount will meet the 20 year needs plan.) 3. Request for the Acceptance of the Annual Tax Settlement and a Directive to Recharge the Delinquent Tax Bills Back to the Tax Collector for Collection: Tax Collector Joe Ketchie presented the settlement spreadsheets at the briefing session. 4. Request for the Appointment of Linda L. Morrow and Ann Gray Starnes as Deputy Tax Collectors in Accordance with G.S. 105-349(f) Effective Immediately with Terms to Expire on May 31, 2004 5. Request for Approval of a Resolution to Authorize the Awarding of a Badge to Retiree Bill Redmond, a former Deputy with the Sheriffs Department, and the Sale of a Service Sidearm: The following resolution was approved on behalf of Deputy Redmond who retired on August 1, 2003. RESOLUTION REGARDING THE BADGE AND SIDEARM OF DEPUTY BILL REDMOND Whereas, Bill Redmond has served in the Iredell County Sherifs Office and has, upon his retirement, requested that he be permitted to retain his badge and to purchase his service sidearm. NOW, THEREFORE BE IT RESOLVED, by the Iredell County Board of Commissioners that said badge be awarded to Deputy Redmond at no cost and his sidearm be sold to him for the sum of'One Dollar- (S1.00), as providedfor in G.S. 20-187.2. One (1) Glock, 40 caliber pistol Model 22. SINALF-336 6. Request for Approval of a Contract with D.B. Banks, Inc., for Wood Waste Grinding at the Solid Waste Facility: At the briefing, Recycling Coordinator Carla Parks recommended that a wood waste grinding contract with D.B. Banks, Inc., be approved. She said the services 7 would include the grinding of all brush, pallets, and leaves at $15.00 per ton for waste already at the solid waste facility and $10.00 per ton for future debris. She said money was budgeted for the service, and the contract would be for one year. Mrs. Parks was asked why the facility had stopped selling mulch, and she said it had been determined that the sales were not cost effective. She said mulch stockpiles had to be turned or rotated on a frequent basis to avoid fires. Parks said the contractor would grind the debris and then haul it away from the facility. 7. Request for Approval to Accept the following Grant Awards from the Federal Emergency Management Agency and the North Carolina Division of Emergency Management: a. 2003 Emergency Management Performance Grant for $17,245 b. 2003 Emergency Management Performance Grant (Supplemental) for $17,261 8. Request for (1) Review/Approval of the Following Documents Relating to the FY 2003 State Homeland Security Grant Program (2) Approval of Budget Amendment #4 for $125,826 to recognize a Homeland Security Grant and to appropriate for equipment, exercises & training and (3) Budget Amendment #5 to recognize a grant from the State of North Carolina for the Citizen Corp Council: The documents that were reviewed and approved were as follows: a. Memorandum of Agreement b. Annex A - Reimbursement Funding/Declination Form (Grand Total of $125,826) c. Annex B - Designated Agent and Point of Contact Forms d. Annex C - North Carolina Subgrant Information e. Annex D - U.S. Department of Homeland Security Guidelines 9. Request for Approval of a Lease Agreement with Executive Offices, Inc., for Office Space to be Occupied by the Department of Social Services: Finance Director Blumenstein advised during the briefing that this lease would begin on January 1, 2004 for a two-year period. She said the rental amount would be $4,700 for 7,500 sq. ft., and that 55% of the expenses would be reimburseable through grants. 10. Designation of Commissioner Marvin Norman as the Voting Delegate for the Annual Conference of the North Carolina Association of County Commissioners 11. Request for Approval of the July 15, 2003 Minutes OF CONSENT AGENDA --------------------------------------- ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Adult Care Home Communitv Advisory Committee (1 announcement): Tammy Brown has resigned from this committee. APPOINTMENTS TO BOARDS & COMMISSIONS Carolinas Partnership (1 appointment): Commissioner Tice nominated Rick McLean. Commissioner Madisonoved to close the nominations and appoint McLean by acclamation. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee (1 appointment): Commissioner Williams nominated Margaret Fox. Chairman Johnson moved to close the nominations and appoint Fox by acclamation. VOTING: Ayes — 5; Nays — 0. i Adult Care Home Community Advisory Committee (4 appointments): Commissioner Tice nominated Barbara Lippard and Barbara Erskine. Commissioner Madison Fnoved o close the nominations, appoint Lippard and Erskine by acclamation, and to postpone the remaining two appointments until the August 19 meeting. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER'S REPORT: Mashburn updated the board on the following projects. New library: Groundbreaking held today. New social services building: A meeting with the architects will be held next week. ICGC-South: This project is "back on track." With the exception of the space to be leased to the NC Department of Environment and Natural Resources, the construction should be completed in September of this year. ADJOURNMENT: MOTION by Chairman Johnson to adjourn the meeting at 7:50 p.m. NEXT MEETING: Tuesday, August 19, 2003, 5:00 p.m. and 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes - 5; Nays - 0. Approved: 9 Clerk to the Board