HomeMy WebLinkAboutDecember 7 2004 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
DECEMBER 7, 2004
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
December 7, 2004, at 7:00 p.m., in the Iredell County Government Center
(Commissioners' Meeting Room), 200 South Center Street, Statesville, NC.
Present were:
Chairman Sara Haire Tice
Vice Chairman Godfrey Williams
Steve D. Johnson
Marvin Norman
Ken M. Robertson
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 Tice.
INVOCATION by Commissioner Robertson.
PLEDGE OF ALLEGIANCE TO THE FLAG
ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to adjust the
agenda by the following actions.
Deletion: • Request for the Appointment of a Voting Delegate for the Legislative Goals
Conference Sponsored by the North Carolina Association of County
Commissioners Scheduled for Thursday and Friday, January 13-14, 2005, at
the Radisson Hotel, in High Point, NC
VOTING: Ayes — 5; Nays — 0.
APPOINTMENT BEFORE THE BOARD
Request for the Adoption of a Resolution in Support of the Federal Marriage
Amendment: The Reverend Greg Barefoot, Senior Pastor of Stony Point Baptist Church,
requested the commissioners to adopt a resolution supporting the federal marriage
amendment. Pastor Barefoot said the boards of commissioners in Alexander and Wilson
Counties had adopted similar resolutions, and his goal was to be placed on the agendas for
all of the counties in North Carolina. Barefoot's resolution is as follows:
RESOLUTION
IN
SUPPORT OF THE
FEDERAL MARRIAGE AMENDMENT
WHEREAS, marriage throughout history has been the basic building block of society
from time immemorial; and
WHEREAS, marriage is in fact the union of a man and a woman; and
WHEREAS, the Supreme Judicial Court of the State of Massachusetts has declared in a
4 — 3 decision that the Massachusetts legislature must provide for same sex marriages and whereas
they have begun issuing marriage licenses to same sex couples; and
WHEREAS, there is the likelihood that under the Full Faith and Credit clause of the US
Constitution, activist judges will declare that these marriage contracts must be held as valid in all
50 states of the Union; and
WHEREAS, local officials in California, Oregon and other places in our country have
begun issuing marriage licenses in violation of the laws of their respective states; and
WHEREAS, the real possibility and indeed the probability exists that North Carolina,
including Iredell County, may be forced to accept same sex marriage as the law of the land without
any vote of our elected legislators or the US Congress.
NOW, THEREFORE BE IT RESOLVED, that we, the County Commissioners of
Iredell County, North Carolina, meeting in regular session on December 7, 2004, do publicly and
emphatically declare our belief that marriage is the union between a man and a woman; and
BE IT RESOLVED FURTHER, that we, the County Commissioners of Iredell County,
North Carolina, do publicly declare our support for the Federal Marriage Amendment which states:
"Marriage in the United States shall consist only of the union of a man and a woman.
Neither this Constitution or the constitution of any, state, nor state or federal law, shall be
construed to require that marital status or the legal incidents thereof be conferred on unmarried
couples or groups. "
Commissioner Johnson expressed appreciation to Pastor Barefoot for sharing the
resolution. Johnson said his first inclination on the resolution was that the United States
Constitution should not be altered and the judges should be fired. He said this was because
the Constitution gave the executive and legislative branches of government the authority to
empower the judiciary to act. Johnson said, however, it didn't appear to him that this was
the political resolve of either branch, and this was what changed his mind.
Chairman Tice said the issue pertained to the federal government, and she
encouraged anyone interested in the amendment to contact his or her congressional
representative.
MOTION by Commissioner Johnson to adopt the resolution as presented and for a
copy to be sent to Iredell County's Congressional delegation in Washington, D.C.
VOTING: Ayes — 5; Nays — 0.
PUBLIC HEARINGS
Chairman Tice declared the meeting to be in a public hearing.
Consideration of an Economic Development Incentive for the LeeBoy
Company: Mooresville -South Iredell Economic Developer Melanie O'Connell
Underwood said the LeeBoy Company was considering the possibility of locating a facility
in the Mooresville area. Underwood said the company made heavy equipment for asphalt
and paving purposes, and it would employ 250 people. She said LeeBoy was considering
an investment in the county of between $3 million to $4.5 million, and this would make the
company eligible for an economic development incentive ranging between $52,200 to
$78,300.
No one else desired to speak, and Chairman Tice adjourned the hearing.
MOTTO by Commissioner Johnson to grant the economic development incentive
request for the LeeBoy Company in an amount ranging between $52,200 to $78,300 based
on the company's investment of between $3 million to $4.5 million in Iredell County.
VOTING: Ayes — 5; Nays — 0.
Rezoning Request; Charles H. Gregg Property, Case No. 0411-1; Randy Davis
(United Oil of Carolinas) Requests to Rezone Property from Neighborhood Business
to General Business District (Location: 3062 Salisbury Highway, Statesville, NC —
PIN#4773-63-4028): County Planner Emily Jackson said the applicant, Randy Davis,
desired to rezone 2.3 acres of property, currently in use as a convenience store, from
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Neighborhood Business to General Business District. Jackson said the surrounding land
uses were farmland, vacant, and residential. She said the property would continue to be
used as a convenience store; however, it would be converted from a Chevron to a British
Petroleum/Beyond Petroleum (BP) dealership. She continued by saying the General
Business District would allow more signage which would probably be needed due to the
state department of transportation's plan to relocate Hwy. 70. Jackson said (1) the
property was in a consumer commercial node in the Hwy. 70 Corridor Plan with the
majority of the area being zoned General Business, (2) the staff was in favor of the
rezoning, and (3) the Iredell County Planning Board on November 3, 2004, unanimously
approved the request.
Chairman Tice adjourned the hearing.
MOTION by Commissioner Williams to approve the request of Case No. 0411-1
(Randy Davis/United Oil Company) to rezone the property from Neighborhood Business
to General Business District.
VOTING: Ayes — 5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing and invited all
individuals desiring to speak regarding the conditional uses of Case 0411-2 to proceed to
the dais for the administering of the oath.
Rezoning Request & Request for an Amendment to the Iredell County Land
Use Plan; Austin & Austin Builders, Inc., Property, Case No. 0411-2; Gary R. Austin
& Harding R. Austin Request to Rezone a Portion of Property from R-20, Single -
Family Residential to Neighborhood Business Conditional Use District (Location:
523 Turnersburg Highway, Statesville, NC — PIN# 4746-42-4747 & Portions of PIN#s
4746-42-2726 & 4746-23-6151): County Planner Jackson said the applicants desired to
rezone 4.9525 acres out of a 41.58 tract from R-20 Residential Family Residential to
Neighborhood Business Conditional Use District. She said the existing land use was
residential, and the surrounding land uses were commercial and residential. Jackson said
the proposed usage would be for educational, recreational, business, professional and
personal services, along with retail and public work(s) uses. She said only one condition
had been placed upon the request and it was as follows:
• To allow only one egress and ingress on Highway 21 for the development.
Jackson said the property was located in an area being proposed for inclusion in the
City of Statesville's Urban Service Area, and it would probably be developed according to
the city's standards. Ms. Jackson said the proposed Neighborhood Business zoning would
be for the front portion (Hwy. 21) of the tract, and this would allow for the preservation of
the R-20 designation on the remainder of the property. She said the staff had reviewed the
request with the Statesville Planning Department, and the development would blend in
with the city's designs for the area along with blending in with the new Land Use Plan.
Jackson said the county staff recommended approval, and the planning board on
November 3, 2004, unanimously approved the requests.
No one else desired to speak, and Chairman Tice adjourned the hearing.
MOTION by Commissioner Norman to amend the Iredell County Land Use Plan in
conjunction with Case No. 0411-2 (Gary R. Austin & Harding R. Austin).
VOTING: Ayes — 5; Nays — 0.
MOTION by Commissioner Johnson, after reviewing the findings of fact and
determining them to be in order, to approve the rezoning request of Case No. 0411-2 (Gary
R. Austin & Harding R. Austin) from R-20, Single -Family Residential to Neighborhood
Business Conditional Use District.
VOTING: Ayes — 5; Nays — 0.
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ADMINISTRATIVE MATTERS
Request from Perry Wayne Brown & James Arthur Brown for the Release of
Zoning and Subdivision Jurisdiction (Extraterritorial) to the Town of Mooresville for
Approximately 20.3 Acres of Property that fronts Hwy. 801 in Mooresville, NC —
PIN#4678-18-7128: County Planner Jackson said Perry and James Brown had requested
a zoning/subdivision release to the Town of Mooresville for property that was adjacent to
the Dunmore Estates LLC property. Ms. Jackson reminded the board members that the
Dunmore Estates property was released to the Town's jurisdiction on November 23, 2004.
She continued by saying a developer (Forest City Land Development) was planning for a
school to be built on the Brown property to serve a 900-975 unit residential development
and others in the vicinity. Jackson said that due to the proposed usage (school) and the
prior release of jurisdiction on the Dunmore Estates property, the staff recommended
approval.
OTIO by Commissioner Johnson to approve the zoning/subdivision jurisdiction
release of the Perry Wayne and James Arthur Brown property to the Town of Mooresville
as recommended by the staff.
VOTING: Ayes — 5; Nays — 0.
Request from the Wayside Volunteer Fire Department for Permission to
Pursue Financing for the Purchase of a Replacement Fire Truck: Finance Director
Blumenstein reviewed the five banking proposals received for the financing of a 2004
American LaFrance Pumper/Tanker (heavy duty 2,150 -gallon water capacity; 2000 gpm
pumping capacity) costing $389,735.00. Blumenstein said the estimated vehicle delivery
date was mid-January 2005, and the VFD desired to borrow $240,000.00 with the
transaction to be secured by the new truck. She said the lowest proposal was from
Daimler/Chrysler Corporation representing American LaFrance.
Wayside Chief Ken Hall said his board of directors had met and requested the
seven-year financing with Daimler/Chrysler, due primarily because the payments after the
fourth year would not create such a financial hardship.
Commissioner Johnson asked if the VFD could manage the debt service in the "out
years."
Hall said the department averaged between $8,000 to $10,000 a year in fundraisers,
and these would help on the debt. He said an "envelope drive" would be done along with
barbecues.
Commissioner Robertson thanked Chief Hall for Wayside's services, and he asked
how many firemen were affiliated with the department.
Mr. Hall said 32.
Robertson said the firemen were being asked to fight fires, and now they were also
being asked to help with fundraising. He asked Chief Hall how many of the firemen were
predicted to be with the department for the duration of the loan.
Hall said he couldn't guarantee all of them, but he expected the majority of them
would help. He said some of the firemen had even offered to forfeit their incentive pay
and donate it towards the truck debt. Chief Hall said Wayside would not have been in the
situation had the Fire Tax District Board allotted the full $150,000 as was originally
understood.
OTION by Commissioner Williams to approve the Wayside VFD truck
financing with Daimler/Chrysler, over a seven-year period at a 3.80% interest rate with no
closing or prepayment penalty costs, and with the total interest and costs amounting to
$30,210.
VOTING: Ayes — 5; Nays — 0.
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(Note: A Wayside fire truck was wrecked in 2002. Mr. Hall indicated at the
November 23 meeting that it had taken this long to reach an insurance settlement. He said
the settlement of $150,000 would be applied towards the truck debt, along with $50,000
annually, over the next three years, from the Fire Tax District Board.)
(See briefing minutes for additional information regarding the banking proposals.)
Request for Approval of a Project Ordinance for the North Iredell Park:
County Manager Mashburn said the property closing for the North Iredell Park land was
scheduled for December 10, 2004. He said a project ordinance needed to be adopted for
the land acquisition ($310,000.00).
Finance Director Blumenstein said the land costs also included the following:
Sales Price (in accordance with settlement statement) $297,199.51
Settlement charges (closing fee, title insurance,
documentation preparation, recording fees, revenue
stamps 1,811.30
Estimated current year ad valorem taxes and rollback
from farm use 4,289.19
Jordan Surveying 4,800.00
Mountain Environmental (Phase I Study) 1,900.00
$310,000.00
Commissioner Williams asked how much would remain in the parks fund after the
$310,000 deduction.
Blumenstein said $470,563.
Williams asked if this included the loan payment from the Stumpy Creek Park.
Blumenstein said Stumpy Creek's payment of $100,000 would make the parks fund
balance to be $570,563.
MOTIO by Commissioner Williams to transfer the $310,000 from the Parks
Capital Reserve Fund to the North Iredell Park Fund and for approval of a Capital Project
Ordinance as requested.
VOTING: Ayes — 5; Nays — 0.
The approved ordinance is as follows:
Capital Project Ordinance
North Iredell Park Fund
Be it ordained by the board of county commissioners of Iredell County, North Carolina:
Section 1. The North Iredell Park Capital Project will be financed by this fund and shall include the
following costs:
sources.
Land
5310,000
Section 2. Funds for the North Iredell Park Capital Project will be provided from the following
Transfer from Parks Reserve Fund $310,000
Section 3. This Capital Project Fund shall continue until the project is complete.
Section 4. Payments from this Capital Project Fund shall be authorized by the County Manager or
his designee.
Section 5. Any funds remaining in the North Iredell Park Capital Project Fund at completion of the
project will be transferred to the Parks Capital Reserve Fund.
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--------------------------------------------CONSENT AGENDA -------------------------------------
MOTION by Chairman Tice to approve the following consent agenda item.
VOTING: Ayes — 5; Nays — 0.
Request for Approval of the Relocation of the World War I Monument
Situated on Mitchell Community College Property (West Broad Street) as Requested
by the Board of Trustees for the College (Proposed new site will he at the Hall of
Justice, Water Street, Statesville, NC): County Manager Mashburn indicated during the
agenda briefing that the college's board of trustees desired to redesign the front portion of
the main campus. He said a WWI monument was situated behind Mitchell's brick entry
sign, and the college officials proposed moving it to a more "accessible and visible site."
Mashburn said the monument could be placed near the Korea/Vietnam Memorial at the
Hall of Justice on Water Street in Statesville, NC.
(Note: In a letter dated September 20, 2004, the Chairman of the Mitchell College
Board of Trustees indicated the college would work with Veterans' groups to raise the
necessary funds to cover the monument's relocation.)
--------------------------------------END OF CONSENT AGENDA ------------------------------
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS &
COMMISSIONS
Board of Health (5 announcements)
Criminal Justice Partnership Program Committee (6 announcements)
Home & Community Care Block Grant Committee (5 announcements)
Crossroads Behavioral Healthcare Board of Directors (1 announcement)
Board of Equalization & Review (6 announcements)
Recreation Advisory Board (4 announcements)
Zoning Board of Adjustment (4 announcements)
APPOINTMENTS TO BOARDS & COMMISSIONS
Adult Care Communitv Advisory Committee (4 appointments): MOTIO by
Chairman Tice to postpone the four appointments until the December 21 meeting.
VOTING: Ayes — 5; Nays — 0.
Animal Grievance Committee (1 appointment): MOTION by Chairman Tice to
postpone this appointment until the December 21 meeting.
VOTING: Ayes — 5; Nays — 0.
Nursing Home Advisory Committee (1 appointment): Commissioner Johnson
nominated Ann Mason.
MOTTO by Chairman Tice to close the nominations and appoint Mason by
acclamation.
VOTING: Ayes — 5; Nays — 0.
Hazardous Waste & Low Level Radioactive Waste Manasement Board (1
appointment): Commissioner Williams nominated Larry Hudson.
OTION by Chairman Tice to close the nominations and appoint Hudson by
acclamation.
VOTING: Ayes — 5; Nays — 0.
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Juvenile Crime Prevention Council (1 appointment): Commissioner Norman
nominated Debbie Phillips.
OTIO by Chairman Tice to close the nominations and appoint Phillips by
acclamation.
VOTING: Ayes — 5; Nays — 0.
Centralina Economic Development Commission (I appointment): Commissioner
Johnson nominated Sara Haire Tice.
MOTION by Commissioner Johnson to close the nominations and appoint Tice by
acclamation.
VOTING: Ayes — 5; Nays — 0.
NEW BUSINESS
DISCUSSION REGARDING THE CARTOON APPEARING IN THE
DECEMBER 1, 2004 RECORD & LANDMARK: Commissioner Johnson said that in
the last few days, he had been approached by several citizens who voiced concerns and
complaints regarding an insensitive cartoon that appeared in the Record & Landmark
newspaper. Mr. Johnson then read the following resolution for the board's consideration.
RESOLUTION
DENOUNCING THE CARTOON
THAT APPEARED IN THE
STATESVILLE RECORD & LANDMARK
ON
DECEMBER 1, 2004
WHEREAS, many of our troops are experiencing the emotional distress of being
separated from their families and loved ones, and their families are distraught in
contemplation of their safety; and
WHEREAS, our troops are performing heroically in combat zones and the areas of
support services; and
WHEREAS, these troops are in constant danger of serious injury and even death;
and
WHEREAS, our nation has historically shown the greatest respect for the sacrifice
of our troops; and
WHEREAS, we have always shown the deepest reverence to those brave solders
who have paid the ultimate sacrifice; and
WHEREAS, we as a nation have always honored the families of our fallen
warriors with solemn and heartfelt appreciation.
NOW, THEREFORE BE IT RESOLVED, that the Iredell County Board of
Commissioners publicly and emphatically denounces the cartoon which appeared in the
Statesville Record and Landmark on December 1, 2004.
BE IT FURTHERMORE RESOLVED, that we call upon the Statesville Record
& Landmark to refrain from the publication of any cartoon which would in anyway detract
from the respect, honor and reverence which our troops and their families deserve.
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MOTTO by Commissioner Johnson to adopt the resolution and for a copy to be
sent to the Statesville Record & Landmark, a Media General publication, and to the Iredell
County Veterans Service Officer, Brad Stroud, in an effort to show the board's support of
our veterans and their families.
VOTING: Ayes — 5; Nays — 0.
COUNTY MANAGER'S REPORT
Winter Planning Session: County Manager Mashburn said the original dates of
February 18 & 19 for the winter planning session had been cancelled due to several
scheduling conflicts. He said instead, the dates of February 25 & 26 were being
proposed. Mashburn said the location would probably be the Agricultural Resource
Center. He said that prior to the actual event, a proposed agenda would be circulated and
any board members desiring additional topics to be discussed should let him know.
Closed Session: MOTION by Chairman Tice at 7:50 p.m. to enter into closed
session for the purpose of discussing matters relating to G.S. 143-318.11 (a) (4) — Economic
Development and G.S. 143-318.11 (a) (5) — Property Acquisition.
(RETURN TO OPEN SESSION AT 8:25 P.M.)
Adjournment: MOTION by Chairman Tice at 8:26 p.m. to adjourn the meeting.
(NEXT MEETING: Tuesday, December 21, 2004, 5 and 7 p.m., in the Iredell County
Government Center, 200 South Center Street, Statesville, NC.
VOTING: Ayes — 5; Nays — 0.
Approval:
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Clerk to the Board