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HomeMy WebLinkAboutFebruary 17 2004 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES FEBRUARY 17 2004 The Iredell County Board of Commissioners met in Regular Session on Tuesday, February 17, 2004, 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, Attorney Patrick Stotts, substituting for County Attorney Bill Pope, who was on vacation, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. INVOCATION by Commissioner Williams. PLEDGE OF ALLEGIANCE TO THE FLAG ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Johnson to adjust the agenda by the following changes. Revisions: Michael Lindsey will Speak instead of Jacki Power in Regards to Opposition of a High -Density Option Request in the Spring Acres Subdivision Budget Amendment #24 for the Register of Deeds' Department will be amended from $18,945 to $12,445 Additions: Closed Sessions Pursuant to G.S 143-318.11(a) (3) Legal and (6) Personnel Deletions: Request for Continued Discussion/Resolvement of the NuCare Ambulance Matter VOTING: Ayes — 5; Nays — 0. APPOINTMENTS BEFORE THE BOARD Chuck Houchins Addresses the Board and Requests the Adoption of a Proclamation Entitled, "A Proclamation Supporting the Recognition of God as the Foundation of Our National Heritage": Mr. Houchins requested approval of the following proclamation, and if approved, he requested for it to be shared and recommended to the other governing officials throughout the State of North Carolina. A Proclamation Supporting the Recognition of'God as the Foundation of Our National Heritage WHEREAS, our Government was founded upon a trust in God, that was evident when our Founding fathers proclaimed in America's first official document, our Declaration of Independence, that our rights to life, liberty and the pursuit of happiness, were not given to us by government, but by God "our Creator, " the "Sovereign Judge of the Universe "; and WHEREAS, it is fact that between 90 and 95% of those who drafted and signed the US Constitution had a strong belief and trust in God and never ever intended that there should be a separation between Him and the affairs of Government; only that each citizen be free to choose on a personal basis how to worship, or if to worship; and WHEREAS, the recognition of God by our Government further established when Congress, in 1954, added the phrase "ONE NATION UNDER GOD, " to our Pledge of Allegiance, followed in 1956 by the official establishment of, `IN GOD WE TRUST, " as our National Motto; and WHEREAS, there is now a growing demand by some within the Judicial System to remove all visible recognitions of God from public institutions, which has recently resulted in a Federal Order to physically remove the Ten Commandments Monument from the Alabama State Supreme Court, rightfully placed there by the Chief Justice of the Alabama State Supreme Court to remind all that God is central to our National Heritage, and His Ten Commandments, without question, the foundation of American law, moral values, and code of conduct. THEREFORE, the Iredell County Board of Commissioners urges all American citizens, to proclaim to every level of Government (Local, State and Federal) about the need and responsibility to publicly recognize God As the Foundation of Our National Heritage, ...LEST OUR NATION FORGET AND OUR CHILDREN NEVER KNOW! MOTTO by Commissioner Williams to approve the proclamation as presented and for it to be recommended for approval to other commissioners throughout the State of North Carolina. VOTING: Ayes — 5; Nays — 0. Bill Crummett Addresses the Board and Requests Permission to Solicit on County Property for the Leukemia and Lymphoma Society: Mr. Crummett said he was interested and involved in the Leukemia and Lymphoma Society due to some recent illnesses in his family. He requested permission to solicit on county property for the purpose of participating in a cycling event ("Team in Training") that he and his wife planned to take part in at Lake Tahoe, Nevada. Crummett said $2,200 had already been collected, and his personal goal was $5,000. He said Elaine, his wife, had her own goal. MOTIO by Commissioner Madison to approve Mr. Crummett's request to solicit on county property for the Leukemia and Lymphoma Society. VOTING: Ayes — 5; Nays — 0. Charles Binder Addresses the Board in Regards to a High -Density Option Request in the Spring Acres Subdivision: Mr. Binder, a resident of 105 Ridge Top Road, in Mooresville, NC, said he lived near a site that was being reviewed for an assisted living facility (Independence at Ridge Top). Binder said the developer planned to build on three acres of land that had a steep slope (60 ft. elevation). He said the construction would involve the removal of approximately 2,000 trees and saplings, and these would be replaced with one and a quarter acres of hard surface along with six trees. Binder said this would worsen the erosion and run-off that was already occurring in the area. Mr. Binder said he understood the developer planned to have a detention pond, but he was not optimistic about the successfulness of this type of structure since one was already in his neighborhood (50 ft. from Binder's home). Mr. Binder then reviewed the special use application submitted by the developer, and he challenged the responses. He said his neighborhood had 114 residents, and 37 of them were children. Binder said the streets were designed for limited residential use, and they were barely 18 ft. wide. He said that according to Department of Transportation figures, an assisted living facility would add 238 daily vehicular trips to the subdivision that already had a traffic count of about 700 per day. Binder said the facility would not blend in with the harmony and character of the 100 -acre neighborhood. 2 Michael Lindsey Addresses the Board in Regards to a High -Density Option Request in the Spring Acres Subdivision: Lindsey, a resident of 173 Trollingwood Lane, Mooresville, NC, spoke on behalf of 77 petitioners in opposition to the proposed Independence at Ridge Top Assisted Living facility. Lindsey said the high density application and the proposed development did not comply with the county's land use development plan or the accepted watershed protection guidelines. In addition, Lindsey said the proposed development did not have a chance of being certified by the State Department of Health and Human Services, due to the county having a surplus of adult care beds. Mr. Lindsey cited pages 8, 10, and 15 in the River Highway Corridor Study and discussed specific problem areas. Lindsey summarized his statements by re-emphasizing the following concerns about the proposed assisted living facility. Safety (238 additional trips a day) Property values (impact on water quality) Character of the neighborhood Conformity with the River Highway Corridor Study (This plan specifically calls for low density use in the Spring Acres area and recommends the use of transitional areas to protect single-family homes.) Need (Iredell County is overbuilt in adult care beds -- 494 surplus). Mr. Lindsey requested that the board reject the high-density application, or any application of this type, in the Spring Acres Development. PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Consideration of a Small Cities Community Development Block Grant (Economic Development Program) for the FlexSol Packaging Corporation (3610 Taylorsville Highway, Statesville, NC): County Manager Mashburn said the purpose of this hearing was to receive public comments regarding a proposed application for a Community Development Block Grant. He said the grant request amount of $200,000 would be used by the EnergyUnited Water Corporation to construct 2,600 linear feet of 12 -inch waterline, along with a meter vault to provide public water access to the FlexSol Packaging Company. In addition, he said that with the infrastructure improvements, the company would be able to expand its 34,600 sq. ft. facility by an additional 22,800 sq. ft. He said the project would create 24 new jobs. No one else desired to speak, and Chairman Johnson adjourned the hearing. (no action needed) Chairman Johnson declared the meeting to be in a public hearing. Consideration of a Small Cities Community Development Block Grant (CDBG) (Economic Development Program) for the Carolina CAT Project (Intersection of I-40 & Stamey Farm Road): County Manager Mashburn said the purpose of this public hearing was to receive public comments regarding a $200,000 Community Development Block Grant application. He said the grant funds would enable the West Iredell Water Corporation to extend 7,200 linear feet of 8 -inch waterline to a 13,000 sq. ft. facility to be occupied by the Carolina CAT Company. Mashburn said the project would create 20 jobs. No one else desired to speak, and Chairman Johnson adjourned the hearing. (no action needed) 3 ADMINISTRATIVE MATTERS Request from Anthony J. Mariano Jr., for Approval of a High Density Option in the WS -IV Critical Area (Location: Ridge Top Road, off River Highway, in Mooresville, NC / Proposed Usage of Property would be for an Assisted Living Facility): Planner Rebecca Harper said Mr. Anthony Mariano desired to develop under the high density guidelines in the WS -IV Critical Area Watershed Area (Section 507 of the Iredell County Watershed Protection Ordinance). Mrs. Harper said the developer desired to exceed the standard allowance of 24% and to develop the property up to 41.2% impervious surface. She said Mr. Mariano was proposing a wet detention pond that would be capable of removing 85% of the total suspended solids from the first one -inch of a rainfall. Harper said the property was zoned Residential Agricultural, and it was designated for only low density residential uses in the River Highway Corridor Study. She said the proposed use of the tract would not comply with the designated land use, and it would be out of character with the residential development. Mrs. Harper said that for these reasons, the staff recommended denial of the request. MOTION by Commissioner Tice to deny the request of Anthony J. Mariano Jr., for a High Density Option in the WS -IV Critical Area for property located on Ridge Top Road, in Mooresville, NC. VOTING: Ayes — 5; Nays — 0. Request for Continued Discussion/Resolvement of the Farm Use Tax Matter: The county manager provided his comments regarding the Farm Use Task Force's findings on February 14, 2004, during the winter planning session. Chairman Johnson asked if any board members desired to make further comments, and no one desired to do so. ------------------------------------------CONSENT AGENDA ------------------------------------ items. MOTION by Chairman Johnson to approve the following 14 consent agenda VOTING: Ayes — 5; Nays — 0. 1. Request from the Bonanza Development Corporation for the Release of Zoning and Subdivision Jurisdiction (ETJ) to the Town of Mooresville for Property Located at 912 Brawley School Road, in Mooresville, NC: During the briefing session, the planning staff advised that the Bonanza Development Corporation was requesting the extraterritorial release of a 1.1 acre tract to the Town of Mooresville. The staff also stated that: the property was within the Town's urban services boundary the property was currently zoned Residential Agricultural and it was designated for transitional usage (office and institutional) in the Brawley School Peninsula Small Area Plan the proposed service usage (neighborhood business) complied with the designated land use and would not be out of character with the area. 2. Request from Chen Development LLC for Approval of a Resolution of Intent to Close Holland Street, in its entirety, and to Abandon the Recorded Right - of -Way (Location: Home Depot Shopping Center, Turnersburg Hwy., Statesville, NC): Planning Supervisor Ron Smith advised during the briefing that Chen Development LLC had requested the closing of Holland Street. He said the request was in conjunction with the proposed closing/relocation of a portion of Fourth Crescent Place in the same vicinity. Smith said the first step in the request would be the adoption of a resolution of intent. He said the street was situated in the City of Statesville's extraterritorial jurisdiction, but there were no objections to the closing. In addition, he said the closing would not deny access to any property owners, and the staff recommended approval. (Note: The closing of this street will occur under G.S. 153A-241.) 4 RESOLUTION OF INTENT BY THE BOARD OF COMMISSIONERS, IREDELL COUNTY, NORTH CAROLINA, TO ABANDON �LLAND STREET IN ITS ENTIRETY WHEREAS, in 1946, the Twin Oaks Subdivision plat was recorded in Plat Book 3, Page 151, of the Iredell County Registry, which shows Lots 27 through 34 and the Holland Street right-of-way as they were recorded on a plat dated August 10, 1946. Since that time, lands surrounding the site have been recombined and the other portions of Holland Street have been abandoned; and WHEREAS, the section of Holland Street that the petitioner seeks to be abandoned is approximately 250 feet in length and 25 feet in width. It is bound to the south and east by lands of the petitioner, and it is bound to the north by lands of Ruby M. Pierce and Margaret R. Henderson; and WHEREAS, the street is located adjacent to Iredell County Parcel Numbers 4745-37-9552, 4745-37-8429, 4745-47-0534; and WHEREAS, all landowners have a convenient access to their property and have consented to the abandonment of the road pursuant to G.S. 153A-241; and WHEREAS, the abandonment of a portion of said street is not contrary to the public interest and no other individual owning property on the said street, other than the petitioners, would be deprived of reasonable means of ingress or egress to his/her property. NOW THEREFORE BE IT RESOLVED by the members of the Board of County Commissioners of Iredell County, North Carolina, that they hereby declare their intention to abandon that portion of the public street herein described, and call for a special hearing on the question to be held on the 6th day of April, 2004, at 7:00 p.m. in the Commissioners Meeting Room, of the Iredell County Government Center (Old Courthouse) at 200 S. Center Street in Statesville, North Carolina and that a copy of this resolution be posted, published, and mailed by registered or certified mail as required by G.S. 153A-241. 3. Request from the Iredell-Statesville School System for Permission to Transfer Current Expense Fund Balance to Capital Outlay for Construction & Renovation ($583,448): This transfer will decrease the current undesignated fund balance of $3,080,026 to $2,496,578 and allow $583,448 to be placed in the capital outlay account for construction and renovation projects. (Specific projects have not been identified.) 4. Request from the Tax Collector for Acceptance of the Unpaid 2003 Real & Personal Property Tax Listing & a Request for an Advertising Date to be Established for Wednesday, April 21, 2004: During the briefing session, Tax Collector Joe Ketchie presented the delinquent real and personal property spreadsheets. The board members agreed to allow the advertisement of the unpaid taxes on Wednesday, April 21, 2004, as required by G.S. 105-369(a). 5. Request for Approval of the January 2004 Tax Refunds & Releases: Tax Administrator Bill Doolittle, during the briefing session, requested approval of the following tax refunds and releases for the month of January. 2004 TAX RELEASES & REFUNDS Releases Refunds County $18,458.26 3,823.07 Solid Waste Fees 65.00 0 East Alexander Co. Fire #1 38.01 0 Shepherd's Fire # 2 28.49 12.97 Mount Mourne Fire # 3 61.55 0 All County Fire # 4 1,545.25 1,002.97 5 Statesville City 1,136.79 651.29 Statesville Downtown 87.86 0 Mooresville Town 4,150.13 1,024.39 Mooresville Downtown 0 0 Mooresville School 825.92 394.72 Love Valley 244.05 0 Harmony 57.97 0 Troutman 0 0 Total $26,699.28 $6,909.41 A complete list is hereby incorporated into the minutes, by reference, of the individual tax releases and refunds. 6. Request for Approval of Bids for a Solid Waste Track -Type Tractor: Evie Caldwell, Iredell County's Purchasing Agent, explained during the agenda briefing that $370,000 had been budgeted for a track -type tractor. She said bids were opened on February 9, 2004, from the following three vendors. Vendor Tractor Type Bid Amount Mitchell Distributing Co. Dressta TD20H $255,115.00 James River Equipment Co. John Deere 950C 308.550.00 Carolina Tractor CAT D7R 311,459.00 Mrs. Caldwell said all of the bids were for tract -type tractors, and they all included an option for a five-year warranty (full machine). She said the Solid Waste staff had evaluated the specifications/references on the low bidder (Mitchell Distributing) and everything was in order. Caldwell said the staff recommended that the bid be awarded to Mitchell Distributing in the amount of $255,115.00. 7. Request for Approval of Budget Amendment #24 for the Appropriation of $12,445 in the Register of Deeds' Technology/Preservation (Reserved) Fund Balance for the Purchase of a Web Server: As explained during the briefing by Finance Director Susan Blumenstein, this budget amendment will appropriate Register of Deeds' Fund Balance reserved for technology and preservation, and recognize additional technology & preservation funds received during FY 03-04. 8. Request from the Sheriff's Department for Approval of a Resolution Stipulating that $50 will be charged for "Service of Process" Originating Outside the General Court of Justice or other North Carolina Courts & Agencies: Chief Deputy Dowdle explained at the 5 p.m. meeting that approval was being requested to charge $50 for the processing of civil orders or "service of process originating outside of the general court of justice or other North Carolina Courts or agencies." Dowdle said there was enabling legislation for this fee, and Attorney Bill Pope had reviewed the request. He said the revenues would be placed in the county's general fund similar to what was already occurring with the present $5 fee. 9. Request from the Sheriffs Department for Approval of Budget Amendment #25 for the Transfer of Seized Funds for the Purchase of a Mobile Communications Command Post: Chief Deputy Dowdle, along with Communications Director David Martin, explained during the briefing that a mobile communications unit would be of great assistance during emergency situations. Dowdle requested permission to purchase a $127,000 unit, similar in style to a motor home, that could be driven and utilized throughout the county as needed. Martin said the Hall of Justice and its Annex occasionally received bomb threats, and it was difficult to evacuate the communications department. He said the mobile unit would allow several telecommunicators to dispatch from it up to seven days (fully equipped for this period of time). Both Martin and Dowdle described numerous occasions when the unit might be able to serve the county. 6 10. Request from the Library for Permission to Apply for Library Services & Technology Act (LSTA) Grants: Librarian Myra Patterson said during the 5:00 p.m. meeting that Library Director Messick was requesting permission to apply for the following two grants. Grant Amount Local Match Total Funding Automated System Grant $69,600 $17,400 $87,000 Internet Infrastructure Grant 22,800 5,700 28,500 11. Request from the Library for Approval of Budget Amendment #26 to Recognize a $2,500 Grant from the Martin Luther King Jr. Commission: Secretary/Bookkeeper Libby Stewart reported during the briefing that a $2,500 grant had been received from the Martin Luther King Jr. Commission. The funding will be used for children's library materials ($1,690), departmental supplies ($560), and contracted services ($250). 12. Request from the Health Department for Approval of American Dental Association (ADA) Code Update Changes for FY 03-04 (Dental Fee Schedule): Norma Rife, the Allied Health Division Services Director, requested approval of the following fee schedule at the briefing. Mrs. Rife said the fees had been reviewed by Dr. Lane Putnam, a dentist, and member of the board of health. Rife said the fees would be retroactive to October 1, 2003. Fee Schedule 2003-2004 CPT Code Service Description Fees FY 2003-2003 Fees FY 2003-2004 Fees FY 2003-2004 Revise retroactive 10/01/03 Allied Health Services D1204 Flouride Varnish (>13) - - New $25.00 D4210 Gingivectomy or Gingivoplasty (4+Cent Teeth/quad) - - New $125.00 D4211 Gingivectomy or Gingivoplasty(1-3Cent Teeth/quad) - - New $115.00 D4240GingiN a] Flap+Root planing (4-teeth/quad - - New $125.00 D4241 Gingival Flap+Root plan ing(1-3teeth /quad) - - New $125.00 D4342 Periodontal Scaling& Root Planing 1-3 teeth/quad - - $110.00 D4341 Root planing (4+teeth/ uad) - - New $141.00 D 15 20 Removal of space maintainer -unilateral - - New $80.00 D 1525 Removal of space maintainer -bilateral - - New $85.00 D 15 50 Recementspace maintainer - - New $60.00 132110 Amalgam 1 surf. - primary teeth $60.00 $60.00 Deleted combined/replaced w/2140 D2120 Amalgam 2 surf-prunary surf-primaryteeth $81.00 $81.00 Deleted Combined/Replaced w/2150 D2130 Amalgam 3 surf -primary teeth $102.00 $102.00 Deleted Combined/Replaced w/2160 132131 Amalgam 4 surf-priniary teeth $115.00 5115.00 Deleted combined/Replaced w/ 2161 D2140 Amalgam I surf. -permanent & primary $66.00 566.00 Combined w/2110 566.00 D2150 Amalgam 2 surf. -permanent & primary $8300 $83.00 Combined w/2121 $83.00 D2160 Amalgam 3 surf -permanent &primary $102.00 $102.00 Combined w/2130 $102.00 D2161 Amalgam 4 surf -permanent & primary $124.00 $124.00 Combined w/2131$124.00 D2336 Resin crown -primary $167.00 5167.00 Deleted Combined/Replaced w/2390 D2380 Resin 1 surf. -posterior primary $75.00 $75.00 Deleted Combined/Replaced w/2391 D2381 Resin 2 surf -primary $98.00 $98.00 Deleted Combined/Replaced w/2392 D2385 Resin I surf. -posterior pernianent $84.00 $84.00 Deleted Combined/Replaced w/2391 D2386 Resin 2 surf. -posterior permanent $117.00 5117.00 Deleted Combined/Replaced w/2392 D2387 Resin 3 surf -posterior permanent $150.00 $150.00 Deleted Combined/Replaced w/2393 D2390 Resin based composite crown primary ant. - - New/Combined w/2336 $167.00 D2391 Resin based composite 1 surf posterior prim & permanent - - New/Combined w/2380 580.00 D2392 Resin based composite 2 surf posterior prim & permanent - - New/Combined w/2381 $120.00 D2393 Resin based composite 3 surf posterior permanent - - New/Combined w/2385 $160.00 D2394 Resign based composite 4+surf posterior permanent - - New $190.00 D7111 Coronal Remnants -Deciduous Teeth - - New $80.00 D7140 Extraction of Empted tooth or Exposed Root - - New/Combined w/71 10 & 7120 $80.00 D7110 Ext. -primary & permanent $76.00 $76.00 Deleted now 7140 D7120 Ext.ea. Additional tooth $76.00 $76.00 Deleted now 7140 D7270 Tooth Reimplantation and/or stabilization - - New $150.00 7 13. Request from the North Carolina Utilities Commission for the County to Consider being an Applicant for Grant Funds to Aid the Water Supply Systems in the Lincoln Estates & River Hills Heights Subdivisions: County Manager Mashburn said he had received a letter from the state utilities commission asking if the county would be an applicant for grant funds that might be available to aid the residents in the Lincoln Estates and River Hills Heights subdivisions. Mashburn said the utilities office was trying to locate funding to pay for water connections from the City of Statesville's lines to the residences of the Lincoln Estates neighborhood, and money to construct similar lines from the Iredell Water Corporation to the homes of the River Hills Heights citizens. He said both subdivisions were being served by the Community Water Works; however, the company's equipment was old and beginning to fail. Mashburn said that if the funding worked out, the county might have to own the lines for a period of time, and letters of agreement would have to be written and signed with the City of Statesville and the Iredell Water Corporation. 14. Request for Approval of the February 3, 2004 Minutes OF CONSENT AGENDA -------------------------- ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Nursing Home Advisory Committee (I announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (3 appointments): Commissioner Tice nominated Lynda Harmon and Rev. James Henderson. Commissioner Madison otione to close the nominations, appoint Harmon and Henderson by acclamation, and postpone the remaining appointment until the March 2 meeting. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee (2 appointments): Commissioner Tice nominated Pat Culbertson and Grady Mills. Chairman Johnson motioned to close the nominations and appoint Culbertson and Mills by acclamation. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER'S REPORT (none) CLOSED SESSION: MOTION by Chairman Johnson, at 7:55 p.m., to enter into closed session for the purpose of discussing a legal matter -- G.S. 143-318.11(a) (3) and a personnel matter -- G.S. 143-318.1 I(a) 6). VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 9:40 P.M.) ADJOURNMENT: MOTION by Chairman Johnson at 9:40 p.m. to adjourn the meeting. (NEXT MEETING: Tuesday, March 2, 2004, 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: 8 Clerk to the Board