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HomeMy WebLinkAboutMarch 18 2003 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES MARCH 18, 2003 The Iredell County Board of Commissioners met in Regular Session on Tuesday, March 18, 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, County Attorney Bill Pope, Finance Director Susan Blumenstein, Code Enforcement & Planning Director Lynn Niblock, Planning Supervisor Ron Smith, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. INVOCATION by Chairman Johnson. ADJUSTMENTS TO THE AGENDA: MOTION by Chairman Johnson to approve the following agenda adjustments. Deletions: Request from the Emergency Medical Service Department for Approval of an Invoicing "Write -Off Procedure for Homeless, Indigent, and Transient Parties" after Four Months Request for Discussion/Approval of the Five -Year Capital Projects Plan Presentation from City of Statesville Officials Regarding Future Plans for the Civic Center Area (West Front & Meeting Street) vicinity Additions: Frank Laxton was Allowed to Speak in Reference to the Facility known as "Quiet Waters" Request for Approval of a Lake Norman Volunteer Fire Department Resolution Regarding the Purchase of Land for a New Building Discussion/Consideration of a Substandard Buildings/Structures Ordinance Appointment of the Iredell County Assessor Closed Session for G.S. 143-318.11(a) (3) — Attorney Client VOTING: Ayes — 5; Nays — 0. APPOINTMENTS BEFORE THE BOARD Presentation from the Rev. Doug Thornburg Regarding the County Tax Rate & Revaluation: Rev. Thornburg, a resident of 197 Spring Shore Road, Statesville, N.C., said he and his family moved here from Mecklenburg County five years ago. He said 30 acres of land was acquired from his father in the East Monbo area, but "99% of the property was gullies and hills." Thornburg said the recent revaluation valued his property at $400,000, and he had appealed this amount to the tax office. He said the first appeal was denied, and he was "hypersonically" disappointed. Rev. Thornburg asked the board members to not increase the property tax. Presentation from Mrs. Mildred Booker Regarding an Unoccupied House in her Neighborhood that is a Public Nuisance and a Hazard: Mrs. Booker, a resident of 2030 Kennedy Drive in Statesville, said the house next door (2028 Kennedy Drive) had been vacant since 2001, and it was both a nuisance and hazard due to broken windows and not being secured or boarded -up. She said animals were living in the crawl space, and animal control had been called to the site. She said that due to the broken glass, as well as garbage and building materials littering the grounds, the solid waste officer had been called. Mrs. Kennedy mentioned that since the structure was so easily accessible, people were drinking and smoking in it. She said the site was a hazard, especially for the neighborhood children. Code Enforcement & Planning Director Lynn Niblock said he visited the property and observed the same conditions mentioned by Mrs. Booker. He said the house appeared to be structurally sound, but esthetically, there were problems. Niblock said the owner had agreed to board -up the structure and clean the site this week. Mr. Niblock said his office would follow-up on the matter to insure that the owner had tried to improve the situation. Commissioner Williams asked what steps would be taken if the site was not cleaned up. Niblock said the county did not have an ordinance that specifically addressed the problems, and presently, the only available remedy would be under state law with the condemnation of buildings provision. He said the state law was narrow in content and basically a structure had to be in an imminent life-threatening condition. Niblock said it would be difficult to make a case since the house on Kennedy Drive was vacant. He said that if the county took the property owner to court, it would involve a lengthy and drawn-out process. Presentation from Ombudsman Cindy Kincaid Regarding the 2002 Year - End Reports for the Nursing and Adult Care Home Advisory Committees: Ms. Kincaid was accompanied to the meeting by nursing and adult care committee members Katie Barker, LaRue Burleigh, Sue Donaldson, Pat Culbertson, Charles Donaldson, Barbara Lippard, Fern Sexton, and Gene Hall. She said Region F (nine counties) had 250 volunteers who were a part of over 1800 statewide advocates for the residents of nursing and adult care facilities. Kincaid said the volunteers received 15 hours of orientation, 8 hours of on-going training, and there was also facility training. Ms. Kincaid said the committees were mandated through the General Statutes and legislatively empowered to serve as the residents' advocates. She said the committees were the only agency that had the residents as the focal point of their work, and this was accomplished through quarterly visits with the patients, their families, and the facility administrators. Kincaid said Region F had grown to over 14,000 long-term care beds, and it was the largest in the State. She said Iredell County, alone, had over 739 nursing home beds and 833 adult care beds. The board members thanked the nursing and adult care committee volunteers for their invaluable services. Frank Laxton of 172 Tennessee Circle, Mooresville, N.C., Speaks in Reference to "Quiet Waters": Laxton said the facility known as "Quiet Waters" started operations as a retreat center in January of 2001. He said the facility had been tax exempt since 1998, except for one off -water lot. Mr. Laxton questioned how the facility, or the "single family residence," had received tax exemption from the tax assessor since retreat centers were not allowed in Resort Residential (R -R) districts in 1998. Mr. Laxton said that for over 20 years, retreat centers were not allowed in R -R districts until May of 2002. He said the owner's request for a special use permit was denied by the board of adjustment (October 2002), but the decision had been appealed to the courts. He said that in 2001, the neighbors started complaining about the owner operating a bed and breakfast. Laxton said the county investigated, and the owner said there wasn't a bed and breakfast, or a retreat center, and the structure's usage was for "having acquaintances over for dinner and prayer." Mr. Laxton asked how a person could receive tax exemption for "dinner and prayer," especially when the application indicated the person would operate a retreat center. Laxton said he had a copy of a letter from St. Therese Catholic Church dated in February of 2001 (same time the owner said there wasn't a retreat center) that stated, "Our faith formation department contributed $380 to Quiet Waters Retreat Center in exchange for meeting rooms and board." 2 Laxton said a letter from the county had been sent to owner in the past saying the house being used as a retreat center had not received zoning, building inspection, or health department approvals. He said a similar letter was sent on February 19, 2003, but it stipulated the owner should "cease and desist the retreat operations within seven days." Mr. Laxton said it now appeared the owner was operating a church. He said that on 10 a.m. this past Sunday, 27 cars arrived and 27 departed at 12 Noon. Mr. Laxton said that at 6 p.m. (same day) 19 cars arrived, and they all left at 9:00 p.m. He said the permit for the facility (septic system) indicated the structure had eight bedrooms and eight bathrooms. He also said the facility's web site indicated there was seating capacity for 80 in the dining room. Mr. Laxton asked when something would be done other than letters. Planning Supervisor Smith said that, typically, after a violation was discovered, the staff sent a letter to the owner stating that 30 days had been given to clear up the problem. He said if the violation wasn't corrected, a citation ($100 fine) was sent with a stipulation that corrective action had to be taken in seven days, and after this, if the problem still continued, fines would be incurred for the seven days ($700). He said that if the fines continued to increase, the matter was turned over to the county attorney. Smith said this action usually obtained the violator's attention. Mr. Smith said that in Mr. Craven's (owner of Quiet Waters) case, there were options to get the property into compliance. He said the retreat was initially illegal, but through an amendment to the ordinance, retreats were then allowed as a special use. Smith went on to say Mr. Craven tried to obtain the special use permit, but he was denied. He said Mr. Craven then appealed to Superior Court where the case still remained. Smith said the retreat operations had ended; however, it appeared that traditional church services were now being provided. He said that on March 17, a letter was sent to Craven about being in violation of the zoning ordinance due to the church services. Commissioner Tice asked what was needed to conduct church services. Smith said Mr. Craven could return to the board of adjustment and request a special use permit. He said there were restrictive covenants on the property, and this might prohibit the owner from gaining approval, especially since there was so much opposition from the neighbors. Commissioner Madison asked if the $100 -a -day fine was still being assessed. Smith said not for the retreat. Commissioner Madison asked how long the case might be in Superior Court. Attorney Pope said it was unpredictable. He said the case "would have to work its way up -- 60 to 90 days." Mr. Pope said the neighbors had also filed a civil lawsuit about the usage of the property. Smith said fines would start accruing for the church activities. Chairman Johnson said he understood that while the case was in the courts, there wasn't much the commissioners could do about the matter. Laxton said it appeared that Mr. Craven had falsified the documents for his septic system. He asked again about the tax exemption status. County Manager Mashburn said he had requested information from the tax office about the exemption. He said information would also be requested from the environmental section of the health department. Mashburn said that after all of the records were obtained, the information would be shared with Attorney Pope. He said a summary of the findings would be shared with the commissioners. Smith said the health department had been monitoring the septic system to make sure it was not failing. 3 Kim McKeel, another resident in the "Quiet Waters" neighborhood, asked if the residents needed to formally make a presentation to the board of commissioners about the church services. Chairman Johnson said Mr. Smith was aware of the church activities. He advised McKeel that the board of adjustment would have to hear Mr. Craven's request for a special use permit for church activities -- not the commissioners. PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Consideration of the FY 2003-04 Rural Operating Assistance Program (ROAP) Application: Transportation Services Director Garrison asked permission to apply for annual ROAP funding from the State. He said $214,049 was available for the following programs. Elderly & Disabled Assistance $ 68,874 Work First/Employment $ 11,947 Rural General Public $53,228 Discretional Rural General $80,000 214 049 No one else spoke, and Chairman Johnson adjourned the hearing. MOTION by Commissioner Madison to approve the application for the Rural Operating Assistance Program. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Consideration of the Iredell County Local Business Plan Resulting from the Mental Health System Reform Bill (House Bill 381) and State Plan 2002: Crossroads Behavioral Healthcare Executive Director Swann requested adoption of the final sections to the Local Business Plan. He said the libraries in Statesville and Mooresville, along with the county manager, had copies of the plan for the public to review. Mr. Swann said there were a number of "deliverables the State had not provided for the plan, and this had greatly impeded its creation." Swann said the State, however, still had the April 1 deadline for the plan's submittal. He said State officials had reviewed the plan a few weeks ago and informed him that it was in the top six for the entire State. Commissioner Williams complimented Mr. Swann and his staff in the completion of the plan and for being accepted as a "pilot program" for the State. No one else chose to speak, and Chairman Johnson adjourned the hearing. MOTION by Commissioner Tice to approve the Local Business Plan as presented. VOTING: Ayes — 5; Nays — 0. UNFINISHED BUSINESS MOTION by Chairman Johnson to amend the Rules of Procedure by re- adjusting the agenda's order (unfinished business) for the purpose of appointing the county assessor. VOTING: Ayes — 5; Nays — 0. 4 APPOINTMENT OF THE COUNTY ASSESSOR: OTION by Commissioner Madison, in accordance with G.S. 105-294 and by authority granted to the board of commissioners to (1) appoint Mr. William E. Doolittle to the Office of County Assessor (2) to authorize Doolittle to also serve as the county tax administrator (3) to issue an appointment term extending through June 30, 2005, and (4) to approve a salary for the combined appointment (county assessor and county tax administrator) at $80,000 a year, plus benefits, as outlined in a letter written by the county manager dated March 13, 2003, after Mr. Doolittle presents certification that he has been certified for the office in accordance with the North Carolina General Statutes. VOTING: Ayes - 5; Nays - 0. ADMINISTRATIVE MATTERS MOTION by Chairman Johnson to approve the following seven (7) consent agenda items. VOTING: Ayes - 5; Nays - 0. 1. Request for Approval of the January & February Refunds and Releases: The submitted refunds and releases are as follows. Breakdown of Releases January February County $234,100.13 63,334.55 Solid Waste Fees 195.00 309.00 East Alexander Co. Fire #1 43.83 0 Shepherd's Fire #2 106.35 62.11 Mt. Mourne Fire #3 36.75 80.09 All County Fire #4 736.35 3,947.84 Statesville City 5,774.23 14,898.27 Statesville Downtown 0 12.07 Mooresville Town 218,267.60 15,663.56 Mooresville Downtown 0 88.00 Mooresville School 62,653.67 2,498.93 Love Valley 0 73.06 Harmony 38.50 1.47 Troutman 83.13 158.42 Total $ 522,035.54 $ 101,127.37 Breakdown of Refunds County 317.18 2,991.07 Solid Waste Fees 0 121.00 East Alexander Fire #1 0 39.36 Shepherd's Fire #2 916.42 15.05 Mt. Mourne Fire #3 0 0 Ali County Fire #4 38.54 594.36 Statesville City 134.00 137.85 Statesville Downtown 0 207.48 Mooresville Town 23.38 207.19 Mooresville Downtown 0 0 Mooresville School 1.22 55.98 Love Valley 0 0 Harmony 5.40 0 Troutman 0 0 Total $1,436.14 $ 4,369.34 2. Request from the Town of Troutman Regarding a Correction to the Iredell County Code in Reference to Section 5-28 (Fire Code Enforcement): (This request was described in the briefing minutes.) k' 3. Request from the Emergency Services Director for Permission to Apply for a 2003 Emergency Management Performance Grant (Emergency Operations Center) in the Amount of $5,200: (This request was described in the briefing minutes.) 4. Request for Approval of Budget Amendment #33 for the Transfer of Funds ($42,375) from Contingency for the Reimbursement to the Town of Mooresville for Installation Costs for the Waterline to Lake Norman Regional Medical Center: During the briefing, Finance Director Blumenstein said $42,375 was owed to the Town of Mooresville for the Lake Norman Regional Medical Center waterline extension. She said the payment was in accordance with a 1997 agreement, and the reimbursements were based on the amount of new tax base that had resulted from construction or the expansion of existing facilities. 5. Request from the Sheriff's Department for Approval of Budget Amendment #34 for: 1. The transfer of $22,000 from Seized Funds for Replacement Vehicles 2. The transfer of $12,000 from Seized Funds for Nextel Telephones 3. The transfer of $1,500 from the Commissary Fund for the Purchase of Six Food Bins At the briefing, Chief Deputy Dowdle said the vehicles would replace two that had been wrecked. (The amendment will recognize funds from the U.S. Treasury Federal Equity Sharing Program [seized funds] and money from insurance claims for the automobiles.) In reference to the 17 telephones, he said these would be used for drug enforcement, and the cost would cover the purchases and airtime through June 30. Dowdle said the food bins were for dry goods, and they were needed to comply with new health regulations. 6. Request from the Appropriate Punishment Options Director for Approval of the Criminal Justice Partnership Program Budget for FY 2003-04: (A description of this request may be found in the briefing minutes.) 7. Request for Approval of the March 4, 2003 Minutes ---------------------------------END OF CONSENT AGENDA ----------------------------------- Request for Approval of a Resolution for the Lake Norman Volunteer Fire Department Regarding the Purchase of Land for a New Building: Commissioner Williams said he had been advised that the Lake Norman Volunteer Fire Department (the "Department") intended to borrow up to $189,000.00 (the "Loan") from First Charter Bank to finance the acquisition of property on which a fire station would be built (the "Project"). He continued by saying: "The Project will be located on approximately seven acres of land at Brawley School Road and Southfork Road in Mooresville, North Carolina and will be owned and operated by the Department. Neither Iredell County nor any agency thereof shall be liable in any event for the repayment of the Loan, the Loan does not constitute an indebtedness of Iredell County or any agency thereof and does not constitute or create in any manner a debt or liability of Iredell County or any agency thereof. Under applicable federal income tax laws, the interest on the Loan will not be exempt from federal income taxation unless, among other things, the Board of Directors of Lake Norman Fire Department has, by resolution after having held a public hearing on behalf of Iredell County, approved the Loan and the proposed Project and then the Board, by Resolution approves the Loan and the proposed Project." Commissioner Williams then stated a notice had been published by the Lake Norman Volunteer Fire Department Board of Directors on January 31, 2003 indicating the Lake Norman Volunteer Fire Department would hold a public hearing on behalf of Iredell County, North Carolina on February 17, 2003 on the proposed Loan and the Project (the "Notice"). (The Lake Norman Volunteer Fire Department held a public 6 hearing during which anyone who wished to be heard on the advisability of the Loan and the Project could speak and there were no written comments about the proposed Project or the Loan received prior to the public hearing held by the Lake Norman Volunteer Fire Department. After the Lake Norman Volunteer Fire Department heard from all persons who requested to be heard, the Board of Directors for the Lake Norman Volunteer Fire Department passed the resolution approving the incurrence by the Lake Norman Volunteer Fire Department of up to $189,000.000 in indebtedness from First Charter Bank to finance the acquisition of approximately seven acres of land for a new fire station.) MOTION by Commissioner Williams to approve the following resolution. VOTING: Ayes — 5; Nays — 0. RESOLUTION APPROVING THE INCURRENCE BY LAKE NORMAN VOLUNTEER FIRE DEPARTMENT OF UP TO $189,000.00 1N INDEBTEDNESS FROM FIRST CHARTER BANK TO FINANCE THE ACQUISITION OF APPROXIMATELY SEVEN ACRES OF LAND FOR A NEW FIRE STATION WHEREAS, the Board of Directors of the Lake Norman Volunteer Fire Department on behalf of the Board, pursuant to public notice duly given (the "Notice"), held a public hearing on the proposed Loan and Project and considered the comments of persons who requested to be heard; and WHEREAS, neither the County nor any agency thereof shall be liable in any event for the repayment of the Loan, the Loan does not constitute an indebtedness of the County or any agency thereof and does not constitute or create in any manner a debt or liability of the County or any agency thereof; and WHEREAS, the Board desires to approve the Loan and approve the Project; NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of Iredell County, North Carolina as follows: (1) The publication of the Notice and the designation of the meeting held by the Lake Norman Volunteer Fire Department Board of Directors on February 17, 2003 as a public hearing on the Loan and the Project is hereby ratified and approved. (2) The incurrence by Lake Norman Volunteer Fire Department of indebtedness of up to $189,000.00 to First Charter Bank to finance the Project is hereby approved. (3) The Project is hereby approved. (4) This resolution shall take effect immediately upon its passage. This the 18`h day of March, 2003. Discussion/Consideration of a Substandard Buildings/Structures Ordinance: Commissioner Madison said Code Enforcement and Planning Director Niblock had proposed an ordinance pertaining to substandard buildings in the past. Madison said a similar ordinance was being proposed to strengthen or provide more structure in addressing substandard buildings. He stressed that all "bona fide farm buildings" would be exempt from the ordinance. Niblock mentioned that the original ordinance was presented in January of 2002. He reviewed the newest draft, consisting of five pages, and he said his office would enforce the document upon the direction of the commissioners after receiving complaints from the public. He said property owners who received an order to take corrective action on their properties could appeal the determination to the commissioners. In reference to the term "prompt corrective action," Mr. Niblock said that if a violator told him that steps (permits) were being taken to correct the problems, N he (Niblock) would consider this sufficient. He said most permits had a time limitation on them, but additional language might be needed for demolition permits. Attorney Pope said the definition for "prompt corrective action" could be "tightened up." OTION by Commissioner Madison to direct Mr. Niblock and Attorney Pope to revise the document and to submit it in final form for further board consideration at the April 15 meeting. Commissioner Williams said he needed more time to study the document. Mr. Niblock offered to meet with any of the commissioners who had concerns or questions about the ordinance. Commissioner Madison requested that Niblock share the document with the board members at least one week prior to the April 15 meeting. VOTING: Ayes — 5; Nays — 0. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Criminal Justice Partnership Program (I announcement) Nursing Home Advisory Committee (1 announcement) Centralina Workforce Development Board (2 announcements) APPOINTMENTS TO BOARDS & COMMISSIONS Nursing Home Advisory Committee (2 appointments): Commissioner Tice nominated Clara Vanderford. No other nominations were submitted, and Chairman Johnson moved to close the nominations, appoint Vanderford by acclamation, and to postpone the remaining appointment until April I. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (8 appointments): Commissioner Madison nominated Katie Barker, Bette Ivester, and Gene Hall. No other nominations were submitted, and Chairman Johnson move to close the nominations, appoint Barker, Ivester, and Hall by acclamation, and to postpone the remaining five appointments until the April 1 meeting. VOTING: Ayes — 5; Nays — 0. Hazardous Waste & Low -Level Radioactive Waste Management Board (4 appointments): Commissioner Williams nominated David Sides, Elmer Horton, Bill Warlick, and Chris Shoobridge. Chairman Johnson moved to close the nominations and appoint Sides, Horton, Warlick, and Shoobridge by acclamation. VOTING: Ayes — 5; Nays — 0. i COUNTY MANAGER'S REPORT: Mr. Mashburn said a written activity report had been distributed during the briefing session. He announced that the Annual Service Banquet for Retirees and Long -Time Employees would be held on: Thursday, April 24, 2003 6:00 — 6:30 p.m. - Reception 6:30 p.m. — Dinner Agricultural Resource Center, Bristol Drive, Statesville, NC CLOSED SESSION: MOTION by Chairman Johnson at 9:10 p.m., to enter into closed session pursuant to G.S. 143-318.11 (a) (4) — Economic Development and G.S. 143-318.11 (a) (3) — Attorney -Client Privilege. VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 9:40 P.M.) ECONOMIC INCENTIVE GRANT FOR CHIP GANASSI RACING WITH FELIX SABATES: MOTIO by Commissioner Williams to call for a public hearing on Tuesday, April 1, 2003 at 7:00 p.m., regarding an economic development incentive grant in an amount between $47,000 to $122,200 (over a three-year period) for Chip Ganassi Racing with Felix Sabates based on an investment of $2.5 million in Iredell County. VOTING: Ayes — 5; Nays — 0. ADJOURNMENT: MOTION by Chairman Johnson to adjourn the meeting at 9:41 p.m. VOTING: Ayes — 5; Nays — 0. Approved: 9 Clerk to the Board