HomeMy WebLinkAboutJanuary 21 2003 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
JANUARY 21, 2003
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
January 21, 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
Doug Madison
Marvin Norman
Sara Haire Tice
Absent: Vice Chairman Godfrey Williams was absent due to a business commitment
out of the country.
Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Finance
Director Susan Blumenstein, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Johnson.
INVOCATION by Commissioner Madison.
ADJUSTMENTS TO THE AGENDA: MOTION by Chairman Johnson to adjust the
agenda by:
Deletions: Closed Session for Economic Development - G.S. 143-318.11 (a) (4)
Request for Approval of Sewer Extension Bids for the Millard Refrigerated
Services, Inc. Project
Additions: Request for Approval of Budget Amendment #26 for the Recognition and
Appropriation of $30,000 to the Harmony Branch Library for FY 02-03 and
$45,000 for FY 03-04
Request for the Consideration of the Removal of a Board of Health Member
Request for Approval of Budget Amendment #24A (This amendment will be for
the establishment of a new Attorney I Position for the Social Services Department.)
Revision: Request for the Approval of Budget Amendment #25 was combined with the
Request from the Iredell-Statesville School System for a 2002-2003 Capital Outlay
Amendment ($1,508,877 from the 2000 Installment Payment Revenue Bond for Future
School Construction & $219,301 for an Addition to the Bus Garage)
VOTING: Ayes — 4; Nays — 0.
APPOINTMENTS BEFORE THE BOARD
Mr. Clinton Ray Miller (139 Northmont Road, Statesville, NC) Addresses the
Board in Reference to a Request for Amendments to the Animal Control Ordinance: Mr.
Miller, who previously appeared before the board on January 7, described a dog attack he
witnessed on New Year's Day. He said that according to the language in the county's
ordinance, the dog (Rottweiler) involved in the incident would be considered "at large." Mr.
Miller said that after the attack he approached the owner(s) of the dog and was told, "She (victim
in the attack) provokes my dog." Mr. Miller said that later he obtained a copy of the state law
regarding dangerous animals and found that it basically built the entire defense for the victim on
whether or not the attacking animal was provoked. He continued by saying the definition of a
"dangerous dog" in the state law was flawed, and it encouraged and allowed the owners of
dangerous dogs and/or the animal control officer to blame the victim. Miller said the flawed
definition read:
"...the term dangerous dog means a dog that without provocation has killed or inflicted
severe injury on a person ..."
Mr. Miller then proposed the following amendments to the county's ordinance:
#1 Change the name of the ordinance to: An ordinance regulating dangerous dogs, non -
dangerous dogs, and other animals in Iredell County.
#2 To add the following new definition (S) for the term dangerous dog:
(S) Dangerous dog: Any dog when he is off the property of his owner and not under the
direct control of a competent person that, with or without provocation, has killed, inflicted
severe injury, or attacked any person.
#3 Amend Section 1 to read:
Purpose
Purpose Declared: The purposes of this ordinance are to protect the people oflredell
County from (1) dangerous dogs (2) from rabies transmitted by unconfined, uncontrolled or
unimmunized dogs and other animals that may be a nuisance, and (3) to insure that dogs and
other animals are treated in a humane manner and other purposes.
#4 Add paragraph (D) to Section XVIII under Penalties:
(D) The animal control of shall issue a ticket to the owner of a dangerous dog. Any
such ticket issued shall impose upon the owner a maximum civil penalty of $2,500 if the dog has
killed, maimed, or inflicted serious injury on a person.
#5 Revise, or completely rewrite Section VII (C) to bring it in compliance with #s 1 and
4. For example:
The word may should be replaced by the word shall in section (6C) of paragraph D.
Miller said the revision in this section should make it clear that all dangerous dogs were
to be destroyed. He said there should be a clear distinction between "nuisance dogs" (dogs that
turn over garbage pails, etc.) and "dangerous dogs."
Attorney Pope asked Mr. Miller about having both a provision to destroy dangerous
animals and a fine for the owners.
Miller said his proposal was to destroy dangerous animals. He said the fine was already
in the county's ordinance, and he felt that if it remained, it should be increased.
Chief Animal Control Officer Sidney Weisner said there were some weaknesses in the
current ordinance, and he shared the following proposed amendments to strengthen the
document.
1. Amend the terminology of the current ordinance from "vicious dog" to "dangerous
dog. "
2. Amend the local ordinance so that when a dog is determined to be dangerous, it will
be held at the animal shelter until it's owner can build a "secure enclosure. "
3. Develop specifications for a "secure enclosure. "
4. Microchip each dangerous dog so the animal control department can idents each
dog.
5. Require the owner of a dangerous dog to post a sign on the entrance to the property
stating that a dangerous dog is present.
6. Increase fines for violations to the dangerous dog ordinance.
7. If a dog bites a person after it has been determined to be dangerous by the Animal
Control Department, the owner shall forfeit the dog to the Animal Control
Department to be immediately euthanized.
Mr. Weisner said his department would need more manpower and the shelter would have
to be enlarged, if the amendments were approved.
Commissioner Madison asked Weisner the status of the animal involved in the attack
described by Mr. Miller. He asked if the animal had been euthanized.
Weisner said the victim did not want to pursue anything further in the incident.
County Manager Mashburn asked if a dog received a second chance if it bit someone,
provoked or unprovoked.
Weisner said that under the present ordinance, whether the dog was provoked or
unprovoked, it was given another chance.
OTION by Commissioner Madison to refer the matter back to the animal control
department, with assistance to be obtained from the county attorney and manager, for a thorough
rewrite of the ordinance with the understanding that the board wanted to do something about
biting or dangerous dogs in Iredell County and for the revised ordinance to be presented to the
board by the second meeting in February.
Chairman Johnson said there should be a distinction between at -large animals and the
animals that were on their owner's property.
Sheila King then spoke and requested an increased fine for individuals allowing their
animals to be on the property of others. Ms. King said her daughter and grandchildren had been
subjected to two Rottweilers running loose in their neighborhood this past year. She said the
animal control department had been called numerous times. Ms. King said the two Rottweilers
were no longer at the residence, but they had been replaced by a pit bull dog. She said the pit
bull dog recently entered her daughter's home, and frightened her grandchildren. King said her
family members had been "terrorized" by the animals.
VOTING: Ayes — 4; Nays — 0.
--------------------------------------------------CONSENT AGENDA --------------------------------------------
MOTION by Commissioner Tice to approve the following nine (9) consent agenda items.
VOTING: Ayes — 4; Nays — 0.
1. Request from the Iredell-Statesville School System for a 2002-2003 Capital Outlay
Amendment ($1,508,877 from the 2000 Installment Payment Revenue Bond for Future School
Construction & $219,301 for an Addition to the Bus Garage) & Approval of Budget
Amendment #25: During the briefing, County Finance Officer Blumenstein and Iredell-
Statesville Finance Officer Terry Haas explained this request. Haas said the $1,508,877 revision
in the capital outlay budget was for the appropriation from the 2000 Installment Payment
Revenue Bond, and it would be used for future school construction. She said the $219,301
adjustment would be used to enlarge the school system's bus garage.
Blumenstein said Budget Amendment #25 was needed to reflect the decrease of $219,301
in 2002-03 debt service that had occurred with the refinancing of the 1992 Certificates of
Participation. She said the money would be transferred to capital outlay for the school system
and used for the bus garage enlargement.
2. Request for Approval of Budget Amendment #23 for the Appropriation of Additional
Funds ($12,000) from the E911 Emergency Telephone System Fund for Road Sign
Replacements and Maintenance: Planning Supervisor Ron Smith said during the briefing that
the budget line item used to purchase new road name signs was low on funds. Smith said the
line item had $20,000 budgeted, and $17,705 has been spent in six months. He estimated that an
additional $12,000 would be needed to finish out this fiscal year. Smith said one reason the line
item was depleted so early was because a large invoice that should have been paid in last year's
budget was carried over for payment in this fiscal year. Mr. Smith said the $12,000 transfer
would qualify as an acceptable expenditure from the 911 Availability Fund.
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3. Request from Doug Testa of J.S. Regal, LLC for the Release of Zoning and Subdivision
Jurisdiction (Extraterritorial Jurisdiction) to the Town of Mooresville for property located
along Brawley School Road: At the briefing, Planning Supervisor Smith said Mr. Doug Testa
was requesting that two parcels, totaling approximately 3.6 acres, be released to the Town of
Mooresville for zoning and subdivision jurisdiction. He said the property was adjacent to the
town limits, and it was within the urban services boundary. Smith said that on June 30, 2003, the
town board heard a request from the property owner for the tracts to be annexed, and this was
approved on December 2, 2002. Mr. Smith said the property was zoned Residential Agricultural
by the county, and it was designated for transitional usage in the land development plan.
4. Request for Approval of Budget Amendment #24 for the Recognition of an EZ-LSTA
Digitalization Grant for the Library with the Funds to be Used for the Purchase of
Computer Equipment for the Scanning and Storing of Historical Documents and Photos:
Mrs. Blumenstein said the board granted permission to the library director in September 2002 to
apply for a $5,850 grant. She said the grant had been awarded, and the money would be used to
purchase computer equipment and supplies to store historical documents and pictures.
5. Request for Approval of the December Refunds and Releases: The following releases and
refunds were approved.
Breakdown of Releases
County
17,997.65
Solid Waste Fees
234.00
E. Alexander Co. Fire #1
9.48
Shepherd's Fire #2
5,225.03
Mt. Mourne Fire #3
26.88
All County Fire #4
829.31
Statesville City
1,432.02
Statesville Downtown
2.03
Mooresville Town
3,355.14
Mooresville Downtown
111.91
Mooresville School
840.95
Love Valley
0
Harmony
.58
Troutman
104.27
Breakdown of Refunds
County
434.88
Solid Waste Fees
26.00
East Alexander Co. Fire #1
0
Shepherd's Fire #2
.54
Mt. Mourne Fire #3
0
All County Fire #4
20.03
Statesville City
142.29
Statesville Downtown
5.96
Mooresville Town
58.05
Mooresville Downtown
0
Mooresville School
16.67
Love Valley
0
Harmony
0
Troutman
0
$30,169.25
$704.42
6. Request from the Board of Social Services for the Establishment of a New Attorney I
Position & Approval of Budget Amendment #24A: (See briefing minutes for an explanation of
this request. The new position was approved effective March 1, 2003 at a cost of $18,280 for the
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remainder of this year. Funding for the position will be taken from IV -D Incentive Funds and
Special Children's Adoption Funds -- there will be no cost to the county.)
7. Request for Approval of an Audit Contract (Fiscal Year Ending June 30, 2003) with
McLelland, Rutherford, and McKenzie, PA, CPAs: County Finance Director Blumenstein said
a 2002-03 contract had been submitted from McLelland, Rutherford, and McKenzie to (1) perform
the county's single audit (2) assist in the Governmental Accounting Standards Board Statement 34
(GASB 34), and (3) prepare the major portions of the June 30, 2003 annual financial report. She
said the contract cost was $35,675, and this was a $1,500 increase from the last year. Blumenstein
said the increase was due to the GASB 34 requirements.
8. Request for Approval of the January 7, 2003 Minutes
9. Request for Approval of Budget Amendment #26 for the Recognition and
Appropriation of $30,000 to the Harmony Branch Library for FY 2002-03 and $45,000 for
FY 2003-04: A promissory note was approved in the amount of $87,000 in 1997 for the North
Iredell Rescue Squad. Recently, a final payment of $76,000 was received. Mayor John Ray
Campbell of Harmony recently requested additional funds for the town's library, and he
suggested that the promissory note payment be used.
County Manager Mashburn said the county had previously budgeted $150,000 for the
Harmony library, and a $10,000 grant had been awarded. He said the county's library director
was aware of the mayor's request and had indicated it would be difficult to spend more than
$30,000 in additional funds at the Harmony site during the remainder of this fiscal year. (It was
for this reason the board agreed to appropriate an additional $30,000 in the current year's budget
and to set aside $45,000 for the Harmony library in the FY 03-04 budget.)
END OF CONSENT AGENDA -----------------------------------
Request for the Consideration of the Removal of a Board of Health Member:
Commissioner Tice said it had been brought to the board's attention by the health director and the
board of health, that Dr. John McLelland, a member of the Iredell County Board of Health, had
not attended a single meeting in the past year.
MOTION by Commissioner Tice to direct the Clerk to the Board to notify
Dr. McLelland, in writing, of the board's intent to remove him from office because of his
absentism and to provide him an opportunity to respond to the board in writing, on or before its
next meeting, which will be February 4, 2003.
VOTING: Ayes — 4; Nays — 0.
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Nursing Home Advisory Committee (4 announcements)
Adult Care Home Community Advisory Committee (1 announcement)
Juvenile Crime Prevention Council (1 announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Nursing Home Advisory Committee (2 appointments): No nominations were submitted, and
Chairman Johnson moved to postpone the two appointments until the February 4 meeting.
VOTING: Ayes — 4; Nays — 0.
Adult Care Home Community Advisory Committee (4 appointments): No nominations were
to postpone the four appointments until the February 4
submitted, and Chairman Johnson ove
meeting.
VOTING: Ayes — 4; Nays — 0.
<s
COUNTY MANAGER'S REPORT
Legislative Conferences for the North Carolina Association of County Commissioners
(NCACC) and the National Association of Counties (NACo): County Manager Mashburn
mentioned the legislative goals passed by the NCACC on January 16 and 17. He said the
association was trying to compile a listing of concerns regarding federal legislation and rule
making. Mashburn said the listing would be delivered to the congressional delegation in March
at the NACo conference, and if the commissioners had any concerns they wanted to share, they
had until January 31 to submit them.
New Iredell County Library: Mashburn said $200,000 had been presented to the City of
Statesville from an anonymous donor for the new library. He said the donation would be added
to the city's appropriation of $1 million, and it would be drawn down in the same manner (spread
out over the total construction period).
ADJOURNMENT: MOTION by Chairman Johnson to adjourn the meeting at 7:50 p.m.
NEXT MEETING: Tuesday, February 4, 2003 (5:00 p.m. and 7:00 p.m.) in the Iredell County
Government Center, 200 South Center Street, Statesville, NC.
VOTING: Ayes — 4; Nays — 0.
Approved:
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Clerk to the Board