HomeMy WebLinkAboutMay 6 2003 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
MAY 6, 2003
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
May 6, 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, Planning & Code Enforcement Director Lynn Niblock, Planning
Supervisor Ron Smith, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Johnson.
INVOCATION by Vice Chairman Williams.
PLEDGE OF ALLEGIANCE
ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Johnson to revise the
agenda by the following actions.
Additions: Presentation by Attorney John Fuller Regarding a Cemetery Abandonment
Request and the Disinterment/Re-interment of Human Remains (Property to be
purchased by the Iredell-Statesville School System for the construction of a new K-8 Educational
Facility)
Request from the Tax Administrator to Transfer $27,000 from Salaries/Wages
(Regular) to Contracted Services and Salaries/Wages (Part-time)
Deletions: Request for Approval of a Communications Tower Lease Agreement with the
Harmony Volunteer Fire Department (Olin Station)
VOTING: Ayes — 5; Nays — 0.
APPOINTMENTS BEFORE THE BOARD
Presentation of the FY 2003-04 Home and Community Care Block Grant Funding
Plan by Anna Rice, the Executive Director for the Council on Aging: Mrs. Rice said there
were nearly 24,000 county citizens who were 60 years of age or over. She said 12,200 out of
the 24,000 were 70 years of age and above, and the frail elderly (85 years of age and above) were
the fastest growing group in the county. Rice said 70% of the clients receiving services, as of
June 30, 2002, were 75 years of age or older. She said 25% of these were 85 and older.
Mrs. Rice said the Home and Community Care Block Grant Committee was instructed to
use the FY 2003 initial allocation of $616,951 in preparing for the upcoming year.
Chairman Johnson thanked Mrs. Rice for the work being done on behalf of the county
senior citizens and their families.
OTION by Commissioner Madison to approve the FY 2003-04 Home and Community
Care Block Grant funding plan as presented by Mrs. Rice.
VOTING: Ayes — 5; Nays — 0.
A copy of the county funding plan (DOA -731) is as follows.
Presentation by Attorney John Fuller Regarding a Cemetery Abandonment Request
and the Disinterment/Re-interment of Human Remains (property to be purchased by the
Iredell-Statesville School System for the construction of a new K-8 Educational Facility):
Attorney John Fuller said he represented the Joseph Davidson heirs who owned 104 acres of
land. Fuller said the Iredell-Statesville Board of Education had entered into a land sale contract
for the property, but during the due diligence phase, three unmarked gravesites were found. He
said the property had been in the Davidson family since before the Revolutionary War, and the
identity of the individuals buried on the land was unknown. Mr. Fuller asked for the board's
permission to disinter the remains, and to re -inter them in an Iredell County cemetery.
County Manager Mashburn said that in the past, the health director had been appointed to
oversee the disintennents/re-interments. He said it was unclear; however, if the commissioners
had authorized the health director to supervise the activities on a permanent basis. Mashburn
clarified that the county's only responsibility in the matter was to oversee the process, and it
would not be financially responsible for the disinterments/re-interments.
MOTION by Commissioner Norman to allow the disinterment and re -interment of the
human remains and to appoint the Iredell County Health Director to supervise the activities in
this request and in future requests.
VOTING: Ayes — 5; Nays — 0.
(Note: The health director will have the authority to appoint a designee to act on his/her
behalf to fulfill these responsibilities.)
PUBLIC HEARINGS
Chairman Johnson declared the meeting to be in a public hearing.
CASE NO. 0304-1: Luther E. Campbell Requests that a Portion of Property be
Rezoned from Highway Business to Residential Agricultural (Location: Mullis Road,
adjacent to I-77, Harmony, N.C., PIN# 4863-24-4407) : Planning Supervisor Smith said Mr.
Campbell desired to rezone 7.19 acres of a 14.70 acre tract. He said the existing land use was
vacant and the surrounding uses were vacant and residential. Smith mentioned that in 1983, the
property was rezoned from Residential Agricultural to Highway Business. He said a 150' wide
strip of property extending parallel with 1-77 for a billboard would continue to have the Highway
Business zoning. Smith said that on April 2, 2003, the Iredell County Planning Board
unanimously voted in favor of the request.
Mr. Luther Campbell said that due to health reasons, his granddaughter and her husband
had been assisting him. He said that if the rezoning were approved, the couple would move to
the property.
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Home & Community Care Block Grant for Older Adults
County Funding Plan
County Services Summary
July I, 2003 —.lune 30, 2004
Services
Access
In-
home
Other
Total
Required
Local
Match
Net USDA Total
Service Subsidy Funding
Cost
Projected
HCCBG
Units
Projected
Reimbursement
Rate
Projected
HCCBG
Clients
Projected
Total
Units
"Transportation
107858
11984
119842 0 119842
15873
7.5499
300
18061
Adult Day
Care
51977
5775
57752 0 57752
1712
33.7426
18
1756
In-Home1
92004
10223
102227 0 102227
4646
22.0053
85
5100
In-Home11124026
13781
137807 0 137807
5619
24.5270
40
6169
Congregate
119856
13317
133173 13891 147064
21270
6.2612
225
23249
Home
Delivered
105926
11770
117696 13892 131588
18354
6.4127
150
23249
Supplemental
I80
20
200 582 782
191
1.0450
5
399
Sr.Ctr.
Operations
15125
1681
16806 16806
N/A
N/A
0
N/A
107858
268007
241087
616952
68551
685503 28365 713868
67665
////////////////
823
77983
Presentation by Attorney John Fuller Regarding a Cemetery Abandonment Request
and the Disinterment/Re-interment of Human Remains (property to be purchased by the
Iredell-Statesville School System for the construction of a new K-8 Educational Facility):
Attorney John Fuller said he represented the Joseph Davidson heirs who owned 104 acres of
land. Fuller said the Iredell-Statesville Board of Education had entered into a land sale contract
for the property, but during the due diligence phase, three unmarked gravesites were found. He
said the property had been in the Davidson family since before the Revolutionary War, and the
identity of the individuals buried on the land was unknown. Mr. Fuller asked for the board's
permission to disinter the remains, and to re -inter them in an Iredell County cemetery.
County Manager Mashburn said that in the past, the health director had been appointed to
oversee the disintennents/re-interments. He said it was unclear; however, if the commissioners
had authorized the health director to supervise the activities on a permanent basis. Mashburn
clarified that the county's only responsibility in the matter was to oversee the process, and it
would not be financially responsible for the disinterments/re-interments.
MOTION by Commissioner Norman to allow the disinterment and re -interment of the
human remains and to appoint the Iredell County Health Director to supervise the activities in
this request and in future requests.
VOTING: Ayes — 5; Nays — 0.
(Note: The health director will have the authority to appoint a designee to act on his/her
behalf to fulfill these responsibilities.)
PUBLIC HEARINGS
Chairman Johnson declared the meeting to be in a public hearing.
CASE NO. 0304-1: Luther E. Campbell Requests that a Portion of Property be
Rezoned from Highway Business to Residential Agricultural (Location: Mullis Road,
adjacent to I-77, Harmony, N.C., PIN# 4863-24-4407) : Planning Supervisor Smith said Mr.
Campbell desired to rezone 7.19 acres of a 14.70 acre tract. He said the existing land use was
vacant and the surrounding uses were vacant and residential. Smith mentioned that in 1983, the
property was rezoned from Residential Agricultural to Highway Business. He said a 150' wide
strip of property extending parallel with 1-77 for a billboard would continue to have the Highway
Business zoning. Smith said that on April 2, 2003, the Iredell County Planning Board
unanimously voted in favor of the request.
Mr. Luther Campbell said that due to health reasons, his granddaughter and her husband
had been assisting him. He said that if the rezoning were approved, the couple would move to
the property.
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No one else desired to speak, and Chainnan Johnson adjourned the hearing.
MOTION by Commissioner Williams to rezone the 7.19 acres involved in Case No.
0304-1 (Luther Campbell) from Highway Business to Residential Agricultural District.
VOTING: Ayes — 5; Nays — 0.
Chairman Johnson declared the meeting to be in a public hearing.
CASE NO. 0304-2: Friendship Holding Corporation Requests an Amendment to
the Iredell County Land Use Plan and to Rezone a Portion of Property from Residential
Agricultural to Highway Business (Location: Lentz Road, behind 1025 Tomlin Mill Road,
in Statesville, N.C., PIN# 4749-93-2446): Planning Supervisor Smith said this request involved
1.3 acres out of a 4.578 parcel of land. He said the existing land use was vacant and the
surrounding land uses were commercial, vacant, and residential. Smith said the property owner,
Friendship Holding Company, desired to rezone the area behind an existing gas station. He said
the new zoning would allow for better traffic circulation and to provide additional parking in the
rear. Smith said that due to the tract being adjacent to Highway Business property, and near
General Business property, the staff recommended approval. He said that on April 2, 2003, the
Planning Board unanimously voted to approve the request.
Commissioner Williams said he noticed that grading had occurred directly across from the
Citco Station for a new business. He asked if the road would have to meet the same criteria that
other roadways fell under (widening).
Smith said that in reference to a turning lane, this would probably be addressed through
the driveway permit with the North Carolina Department of Transportation (DOT).
Mr. Williams said he thought the area might become congested. He asked Mr. Smith to
check on the situation with the DOT.
Karen Shultz said she was the sole proprietor of Tomlin's One Stop/Citco and a
stockholder in Friendship Holding Corporation. Shultz said she owned the convenience store,
and the corporation owned the land. She said there was a need for off-road diesel in the
community, and there were plans to install a tank at the Citco Station. Shultz said the purpose
for the rezoning was to allow better traffic circulation, i.e., a proposed driveway in the rear of
the store to allow customers to exit using the side road.
No one else desired to speak, and Chairman Johnson adjourned the hearing.
MOTION by Commissioner Madison to amend the Iredell County Land Use Plan to
include both of the tracts (one involved in the request and the property where the Citco Station is
situated) within the node.
VOTING: Ayes — 5; Nays — 0.
MOTION by Commissioner Tice to rezone the portion of property involved in Case No.
0304-2 (Friendship Holding Company) from Residential Agricultural Zoning District to
Highway Business.
VOTING: Ayes — 5; Nays — 0.
Chairman Johnson declared the meeting to be in a public hearing.
CASE NO. 0304-3: Frank Lackey & Mary Rhyne Bustle, Executors of the Carl
Lackey Estate, Request that a Portion of Property be Rezoned from Residential
Agricultural to General Business (Location: Watermelon Road, near the intersection of
Stamey Farm Road, in Statesville, N.C. , PIN# 4714-26-6409): Planning Supervisor Smith
said Frank Lackey and Mary Rhyne Bustle desired to rezone 7 acres out of a 355.8 acre tract of
land for the purpose of developing it into a truck service and repair center. Smith said the
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property was vacant at the present, and the surrounding uses were vacant and commercial.. He
said the property was adjacent General Business zoned property and it was shown in the Iredell
County Land Use Plan as being in a commercial node. He said the staff recommended approval,
and on April 2, 2003, the planning board unanimously voted in favor of the request.
Jan Woodside, representing the property owners, offered to answer any questions.
No one else desired to speak, and Chairman Johnson adjourned the hearing.
MOTION by Commissioner Madison to grant the rezoning request of Case No. 0304-3
(Lackey & Bustle) from Residential Agricultural to General Business Zoning District.
VOTING: Ayes — 5; Nays — 0.
Chairman Johnson declared the meeting to be in a public hearing.
Proposed U.S. Highway 70 East Corridor Study (Update to the Iredell County Land
Use Plan): Smith said this type of plan was one of the recommendations from the Balanced
Growth Committee. He said several months ago, the board of commissioners agreed to
designate industrial areas in the county to aid the tax base and to provide employment
opportunities. Smith said the industrial designation priority, along with the planned Department
of Transportation (DOT) realignment, were some of the reasons behind the Hwy. 70 study. He
said the roadway was a major connector between Statesville and Salisbury, and the Norfolk -
Southern Railway had a track that ran parallel to it. Smith said the proposed DOT improvements
consisted of five lanes, with the portion in Iredell County costing $29 million.
Topics included in the study and summarized by Smith were:
Factors and Issues Influencing the Future Land Use Plan for the Corridor
The railroad line that parallels the north side of the existing US 70 alignment.
The widening of the existing US 70 and alignment adjoining the Beaver Farms Development.
The relocation of US 70 on a new, approximately four mile long alignment to the south.
The bisecting of the Statesville Business Park by the new alignment.
The location of the six significant concentrated residential areas.
Land Use Plan (Major Land Use Categories)
Residential
Residential -Agricultural
Consumer Commercial
Industrial and Future Industrial
Proposed Planned Unit Development (PUD)
Transitional Area
The study contained the following "principles" that were recommended to be observed in the
implementation of the future land use plan.
1. Future rezonings to commercial or industrial to "fill in"or create the proposed new zoning
districts should take into consideration the boundary relationships with land that is designated
or used for residential or institutional purposes. Conditional use zoning may be indicated in
order to ensure proper boundary relationships between commercial -industrial developments
and adjoining residential or institutional uses.
2. Site plan review should concentrate on controlling the number and spacing of "curb cuts," the
need for acceleration -deceleration lanes, and the relationship of those elements with existing
and proposed street intersections and median breaks, particularly on the relocated US 70 East.
In addition, site plan review should ensure proper boundary relationships between unlike
uses.
3. For both areas designated for shopping, the rezoning and site plan review process should not
only focus on 1 and 2 above, but also require, in so far as possible, that the areas be
developed as a unit with planned and shared ingress, egress and parking and coordinated
architectural design and signage.
4. In order to prevent through traffic on the new US 70 from using Bell Farm Road as a "short-
cut' to access I-40, the design of traffic circulation of any future shopping center at the
convergence of the old US 70 and new US 70 should be such that a direct new US 70 — Bell
Farm Road connection is prevented.
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5. The former Wayside School building may be sold for a use not permitted in the RA district.
It is important that if rezoning is required for the future use of this site that the rezoning be in
the conditional use format in order to ensure compatibility with the surrounding residential
area.
6. The US 70 and Shiloh-Fanjoy Road intersection is developed for commercial -industrial uses
except for the southeast corner. It is proposed that the southeast corner be considered for a
conditional use rezoning for a use with conditions that will be compatible with the adjoining
residential uses and prevent the extension of commercial -industrial zoning along US 70 to the
east or Shiloh Road to the south.
7. The area shown as "Future Industrial Expansion" should only be used in case of a project that
requires more land than can be obtained in the "Principal Industrial Area" or when the
principal area is essentially developed.
8. Much of the area designated as Transitional Area was shown in the 1997 Land Use Plan as
industrial. In 2000, the Plan was amended and a significant portion containing
approximately 267 acres was rezoned from Residential Agricultural to Planned Unit
Development (PUD) and a schematic site plan allowing approximately 801 dwelling units
with additional shopping and public space was approved. The schematic plan provided for
access to both Bell Farm Road and John Long Farm Road.
The area designated as Transitional Area is characterized by large relatively level parcels that
lie adjacent to or near the railroad and within the vicinity of the City of Statesville
Wastewater Treatment Plant. City of Statesville water and sewer service and access to Bell
Farm Road can be made available. The area is therefore suitable for not only existing PUD
designation but also for commercial -industrial designations. Railroad side-track access is
also possible. Vehicular access to the area, however, particularly to the core of the area from
old US 70 across the railroad by way of John Long Farm Road, is significantly limiting as
previously described.
The following recommendations are made in regard to the area designated as Transitional
Area:
a. This area can be considered for alternate land uses; however, any proposal for change
should be accompanied by an overall land use plan for the area showing how the proposal
can be compatible with the remaining parts of the area.
b. A major focus of any proposal for change must be accompanied by a proposal to improve
access to the area that can realistically be accomplished. The more significant the
proposal, the more significant the access solution should be.
c. The approximately 267 acres zoned to permit the Planned Unit Development north of the
railroad at John Long Farm Road has submitted a schematic site plan that shows entrance
points at both Bell Farm Road, by way of a proposed new collector road, and at old US
70 by way of John Long Farm Road. The entrance point at John Long Farm Road
features a significant "hum" at the railroad grade and can only "stack" about one car
waiting to enter old US 70. Most of the dwelling units proposed for the development are
closer to the John Long Farm Road entrance than the Bell Farm Road entrance. The
schematic site plan provides for limited additional road connectivity. In reviewing future
site plans for this development, it will be important that the Bell Farm Road entrance be
constructed as a prerequisite to the permitting of any development in this project. In
addition, proposals for improving access and safety at the old US 70 — John Long Farm
Road entrance should be solicited from the developer.
Harry Tsumas said he owned the section that was currently zoned for Planned Unit
Development. He said the property was on the market as both residential (PUD) and industrial.
Tsumas said, "It will be our intention, if we develop the property of 270 acres, to put a roadway
in that will access from the above -grade crossing off Bell Road."
No one else desired to speak, and Chairman Johnson adjourned the hearing.
MOTION by Commissioner Tice to approve the US 70 East Corridor Future Land Use
Report as an update to the Iredell County Land Use Plan.
VOTING: Ayes — 5; Nays — 0.
-----------------------------------------------CONSENT AGENDA -----------------------------------------
MOTION by Chairman Johnson to approve the following 12 consent agenda items.
VOTING: Ayes — 5; Nays — 0.
1. Request for a Re -review of the Proposals Submitted for the South Iredell Small
Area Plan: Woolpert LLP has withdrawn its proposal for this plan. The contract will now be
awarded to Benchmark Consulting in the amount of $16,500. (For additional information, see
the May 6 briefing minutes and the April 15, 2003 briefing minutes.)
2. Request for the Appointment of a Chairman for the Local Emergency Planning
Committee: Emergency Services Director Tracy Jackson was appointed as the Chairman for the
Local Emergency Planning Committee.
3. Request for Approval to Apply for a Fiscal Year 2003 Emergency Management
Performance Grant: During the briefing, Emergency Services Director Tracy Jackson asked
permission to apply for a $15,000 (formula based/amount could vary) grant from the Federal
Emergency Management Association and the North Carolina Division of Emergency
Management. Jackson said the funds had been used in previous years to offset the salary costs
of the Program Assistant IV.
4. Request for Approval of a Reduction in Retainage Fees (10% to 5%) for the
Contractor Involved in the Iredell County Government Center -South Project (see briefing
minutes)
5. Request for Approval of a Three Year Banking Service Contract with First Citizens
Bank: At the briefing, Finance Director Blumenstein said a request for proposals had been sent
to seven banks for banking services bids, and five declined to bid. Mrs. Blumenstein said First
Citizens had provided the service for the past ten years, and she recommended for the contract to
remain with this banking facility.
A summary of the bids is as follows.
Bank Declined to Bid
Compensating
Balance
Fee **Comp Balance + Lockbox
Basis Charges
BB&T
(17,000)
(95,375)
Bank of America
$3,800,000
$84,968.64 Lockbox included in Comp Bal
Citizens South
First Citizens Bank
$1,500,000
$67,779.48 $45,961
Piedmont Bank
RBC Centura
Wachovia/First Union
**Total cost of services calculation:
Compensating balance x 1.10%+ 29,462 lockbox
per item charge
6. Request for Approval of Budget Amendment #39 for the Recognition of Jail
Commissary Sales in Excess of Revenue budgeted and to Appropriate for Additional
Commissary Purchases: Finance Director Blumenstein said during the briefing that this
budget amendment would recognize commissary sales in excess of revenue budgeted and
appropriate for additional commissary purchases. The specific line item amounts are:
104520 482200 Commissary Sales
100520 530100 Commissary Supplies
Existing
Change
Amended
(78,375)
(17,000)
(95,375)
78,538
17,000
95,538
7. Request from the Town of Mooresville for the Waiver of Demolition Tipping Fees
Estimated to be $6,000 in Conjunction with the Mooresville Library Expansion Project:
This request was from Mooresville Mayor Al Jones, and it pertains to the demolishment of
four houses in conjunction with the enlargement of the Town's library. Mayor Jones' letter
estimated the tipping fees associated with the landfill disposal would be approximately $6,000.
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8. Request for Approval of a Deed to Combine the Parcels of Land Owned by the
County in/and/around the Present and Proposed Library: During the briefing, Support
Services Director Vernon said it would be helpful to have one deed for the county -owned
properties in the library area. He said the deed would "clean up" buffer requirements.
9. Request for Permission to Allow the County to be the Pass -Through for a $240,000
Grant to EnergyUnited for the West Farm/Millard Refrigerated Water Tank Project:
County Manager Mashburn said during the briefing it was recently learned that the $240,000
grant EnergyUnited was using for the water tank project had to be passed through a non-profit or
a governmental unit as a loan. Mashburn said the county attorney was trying to find out if the
$240,000 could be passed through the Greater Statesville Development Corporation. He said
that if this were allowable, the county would not have to be used. He stressed that if the county
had to be involved, it would strictly be on a conduit basis. Mashburn said a formal agreement
would be written stating the property owners would be liable for the loan, and the proceeds from
the sale of the property would be used to pay back the $240,000.
10. Request for Approval of a Proposed FY 2003-04 Budget Workshop Calendar: The
following dates were approved to review the budget.
DATE TIME
LOCATION
DEPARTMENTS TO BE
REVIEWED
Thursday, May 22, 2003 6:00 .m.
South Wing Conference Room
Budget Overview - Schools
Tuesday, May 27, 2003 6:00 p.m.
South Wing Conference Room
DSS/Health/Emergency Services
(Not fire departments)
Thursday, June 5, 2003 6:00 p.m.
South Wing Conference Room
Fire department & other
depts.
Tuesday, June 10, 2003 6:00 p.m.
South Wing Conference Room
Complete review of other depts.
Thursday, June 12, 2003 6:00 .m.
South Wing Conference Room
Complete review (if needed)
Presentation of the budget at the Regular Meeting of May 20
Public Hearing will be called for Regular Meeting of June 3
Budget Adoption & Sehedulin of tax rate is scheduled for Regular Meeting of June 17
11. Request for Approval of the April 15, 2003 Minutes
12. Request from the County Assessor to Transfer $27,000 from Salaries/Wages (Regular)
to Contracted Services and Salaries/Wages (Part-time): (see briefing minutes)
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Industrial Facilities & Pollution Control Financing Authority (2 announcements)
Hazardous Waste & Low Level Radioactive Waste Management Board 0 announcement)
Troutman Planning Board (ETJ) (2 announcements)
Adult Care Home Community Advisory Committee (3 announcements)
APPOINTMENTS TO BOARDS & COMMISSIONS
Nursing Home Advisory Committee (2 appointments): No nominations were submitted, and
Commissioner Madison made a motion to postpone the two appointments until the May 20 meeting.
VOTING: Ayes — 5; Nays — 0.
Adult Care Home Community Advisory Committee (5 appointments) Commissioner
Williams nominated Janet Hall.
MOTION by Commissioner Madison to accept Mrs. Hall by acclamation and to postpone the
remaining four appointments until the May 20 meeting.
VOTING: Ayes — 5; Nays — 0.
NEW BUSINESS: Chairman Johnson announced there would be a Legislative Briefing
and Reception on Wednesday, May 14, 2003, in Raleigh, NC. He said the events were
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sponsored by the North Carolina Association of County Commissioners, and if anyone desired to
attend they should notify the clerk.
CLOSED SESSION: MOTION by Chairman Johnson at 7:50 p.m., to enter into closed
session for the purpose of discussing an economic development matter — G.S. 143-318.11 (a)
(4)•
VOTING: Ayes — 5; Nays — 0.
(RETURN TO OPEN SESSION AT 8:10 P.M.)
ADJOURNMENT: MOTION by Chairman Johnson to adjourn the meeting at 8:10
p.m. NEXT MEETING: Tuesday, May 20, 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:
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Clerk to the Board