HomeMy WebLinkAboutJanuary_6_2004_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
JANUARY 6, 2004
The Iredell County Board of Commissioners met in Regular Session on
Tuesday, January 6, 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, County Attorney Bill Pope,
Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, and Clerk to the
Board Jean Moore.
CALL TO ORDER by Chairman Johnson.
INVOCATION by Commissioner Norman.
PLEDGE OF ALLEGIANCE TO THE FLAG
ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Johnson to
adjust the agenda by the following actions:
Deletions: • Appointment Before the Board - Rebecca Yarbrough, with Centralina
Council of Governments, in Reference to Regional Transportation
Modeling (In accordance with a request from Yarbrough, this matter will
discussed at the January 20 meeting.)
*Request from Mitchell Community College for the Donation of Two
Surplus Law Enforcement Vehicles (Due to not having any surplus vehicles at
the present, this matter will be discussed at a future meeting.)
VOTING: Ayes — 5; Nays — 0.
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
Recognition of Retiree Wendell Phillips: Mr. Phillips retired on
December 31, 2003, after 28 years of employment with the EMS Department.
Lee Darnell, the EMS Director, said Mr. Phillips was a "genuine and dedicated
employee."
Chairman Johnson mentioned that Mr. Phillips was a pioneer in the county's
EMS Department and a symbol of admiration. Johnson presented an appreciation
plaque to Mr. Phillips and thanked him for his many years of service.
APPOINTMENTS BEFORE THE BOARD
The "MLK Partners" Organization Requests the Adoption of a Proclamation
Declaring January 15-22, 2004, as "Diversity Making A Difference in Honor of Dr.
Martin Luther King, Jr., Week": Chairman Johnson welcomed representatives from the
Children's Museum, the Statesville Chamber of Commerce, Habitat for Humanity,
IMPACT, Inc., Mitchell Community College, Mt. Pleasant A.M.E. Zion Church, STAR
(Standing Together Against Racism), the NAACP, and the YMCA to the meetin Mr.
Johnson thanked the representatives for their community involvement and then motione
to approve the following proclamation in recognition of Dr. Martin Luther King, Jr.
VOTING: Ayes — 5; Nays — 0.
Proclamation
Declaring
January 15-22, 2004 as Diversity Making A Difference In Honor
of
Dr. Martin Luther King, Jr. Week
WHEREAS, the Children's Museum of Iredell County, the Greater Statesville
Chamber of Commerce, Habitat for Humanity of Iredell County, IMPACT, Inc., Mitchell
Community College, Mt. Pleasant A.M.E. Zion Church, STAR (Standing Together Against
Racism), Statesville Branch NAACP & the YMCA of Iredell County, collectively known as the
MLK Partners, have joined together to provide community activities over eight days, so that
residents of Iredell County can join in fellowship in the spirit of unity; and
WHEREAS, the community activities will include programs celebrating and
commemorating the life and legacy of Dr. Martin Luther King, Jr., a Health Fair, Cultural Fair,
a Community Worship Service, a Community Prayer Breakfast with The Honorable Elizabeth
Dole, United States Senate, as featured speaker, a Habitat for Humanity House Build Day and
the presentation of the play "Harriet Tubman and the Underground Railroad"; and
WHEREAS, the inspiration for the eight-day series of events, designed to reach out
and make a difference in the lives of the residents of Iredell County, came from the teachings of
Dr. Martin Luther King, Jr.
NOW THEREFORE, the Iredell County Board of Commissioners proclaims the week
of January 15-22, 2004, as Diversity Making A Difference In Honor of Dr. Martin Luther, King,
Jr. Week.
PUBLIC HEARING
Chairman Johnson declared the meeting to be in a public hearing and invited all
audience members desiring to speak in reference to Rezoning Case No. 0311-1 and its
conditional uses to come forward and be sworn in.
Case No. 0311-1: The North Carolina Services Corporation Requests an
Amendment to the Iredell County Land Use Plan & to Rezone a Portion of
Property from R-20, Single Family Residential to General Business Conditional
Use Zoning District (Location: 145 Auction Lane, Statesville, NC): Planning
Supervisor Ron Smith said the Statesville Auto Auction (North Carolina Services
Corporation) had requested to rezone 10.4922 acres of an 11.669 acre tract (PIN#4746-
95-2688) from R-20 to GB -CUD. He said the existing land use was vacant, and the
surrounding uses were residential, commercial and vacant. Smith said a parcel to the
north of the current rezoning request was rezoned in 2000 from RA to HB -CUD, and
the land use plan was amended to include the area as commercial. Later, in March of
2001, he said the owners rezoned the same parcel to GB -CUD with several conditions.
Smith said the auction company had received written endorsements for the current
request from most of the adjacent landowners, and the staff recommended approval of
the rezoning and the land use plan amendment. Smith said it was anticipated that the
portion of property not included in the request would be sold, and this would eliminate
the possibility of the auto auction using Carl Austin Road for egress and ingress. He
said that on November 12, 2003, the planning board recommended approval of both the
land use plan amendment and the rezoning with the following conditions:
• Permitted uses:
Paved automobile parking lots and facilities for permitted use in the district
Automobile parking (commercial)
Automobile storage
Structures & uses clearly incidental to a permitted use
Utility equipment and storage yards
• An 8 foot high opaque fence shall be required around the perimeter of the portion of
the parcel to be rezoned
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• 10 -foot berm with 10 foot Leland Cypress trees on the berm behind the fence along
the zoning line adjacent to the remainder of the parcel (due to topography)
• No Statesville Auto Auction (its successors and assigns) vehicles under
control of the auto auction shall be permitted to use Carl Austin Road to access the
property
• Loading and unloading allowed only between 7 a.m. and 10 a.m.
• In addition, the applicant agrees to complete the following improvements, although
they will not be specifically tied to the conditional use permit:
- Installation of a wooden fence on the outside of the opaque fence adjacent to
Steve Henderson's property (PIN# 4746-95-8702)
- Planting of approximately 65 Leland Cypress Trees on the property of Mr. Craig
Thompson (PIN 4746-95-4291). The tree line would run on an angle through the
property roughly two hundred and thirty feet to a point and then would continue
an additional ninety feet on Mr. Thompson's property adjacent to the Auto
Auction.
- Planting of larger Leland Cypress trees (approximately twenty) in areas where
there are none on the outside of the opaque fence adjacent to
Mr. Charles Holland's property (PIN 4746-95-7651)
Commissioner Williams asked about the lighting restrictions.
Smith said the current ordinance had a "broad view as far as how lighting was
dealt with." He said essentially the glare from the auto auction could not adversely
affect adjacent property owners -- the direction of the lighting had to be away from
residential properties. Smith said there were more stringent regulations in the RPOs
(Roadway Protection Overlays), but generally, these pertained to smaller tracts.
Ken Phillips, the General Manager for the Statesville Auto Auction, said his
company had existed in the county since 1976. He said the auto auction desired to be a
good corporate citizen, and it wanted to adhere to all the zoning rules and regulations.
He said the auction also wanted to be a good neighbor to the adjacent property owners.
No one else desired to speak, and Chairman Johnson adjourned the hearing.
OTION by Commissioner Norman, after reviewing the findings of fact and
determining them to be in order, to (1) amend the Land Use Plan in conjunction with
the rezoning request of Case No. 0311-1/North Carolina Services Corporation
(Statesville Auto Auction) and (2) to rezone the property from R-20, Single Family
Residential to General Business Conditional Use Zoning District with the
conditions/permitted uses as outlined by the planning supervisor.
VOTING: Ayes — 5; Nays — 0.
------------------------------------------CONSENT AGENDA -------------------------------------
MOTION by Chairman Johnson to approve the following three (3) consent
agenda items.
VOTING: Ayes — 5; Nays — 0.
1. Request for Approval of Budget Amendment #18 for $4,000 to Recognize a
Grant from the Governor's Crime Commission/Scholastic Crime Stoppers 2003
Development Fund & Budget Amendment #19 for $980 to Appropriate Fund
Balance Reserved for the DARE Program (Camp Supplies): During the briefing,
Finance Director Blumenstein said Budget Amendment #18 involved a $4,000 grant
that had been received from the Scholastic Crime Stoppers Program, and the funds were
to be used for promotional items and programs. She said the crime stoppers program
had been designed to help solve and reduce crimes in -and -around school sites.
In regards to Budget Amendment #19, Blumenstein said previously private
contributions funded the DARE program, but now; however, the program was
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functioning under a non-profit entity called "DARE Cares." Blumenstein said $980
remained in the fund balance for the DARE program, and the sheriffs department had
recommended that it be used to purchase camp supplies for the annual DARE Camp
that was operated by the county's recreational staff.
2. Request for Approval of Budget Amendment #20 to Recognize $29,740 in
Health Resources & Services Administration Grant Funds: EMS Director Lee
Darnell said at the briefing session that in October, he had requested permission to
apply for a North Carolina Office of EMS Health Resources and Administration grant.
He said the grant had been awarded in the amount of $29,740.00, and he desired to
spend the funds on the following:
Miscellaneous supplies
$8,820 PDAs (personal digital assistants or hand-held computers/palm pilots)
315 PDA cases
$9,135
Contracted services
$9,216 High Speed Internet Access for outlying bases
Supplies/Food/Provisions
$ 400 Haz Mat Training
$ 400 ICS 100 & 200 Training (Incident Command System Training)
$ 348 ICS 300 & 400 Training
$1,148
Supplies/Medical & Drugs
$10,241 PAPR Respirators (Powered Air Purifying Respirators)
3. Request for Approval of the December 16, 2003 Minutes
END OF CONSENT AGENDA ---------------------------
Request from the City of Statesville for an Addendum to the Inter -Local
Agreement dated October 7, 2003 Regarding Statesville Municipal Airport
Improvements: On October 7, 2003, the City of Statesville and Iredell County entered
into an agreement for the purpose of expanding and improving the Statesville Airport.
The agreement had the following stipulations:
1. The City shall attempt to finance approximately $5,000,000 to be applied to
the project.
2. The City shall be responsible for paying the debt service on the amount
financed for the project.
3. On or about July 1, 2005, the county shall reimburse the city fifty percent of
all payments paid by the city as of that date to service the debt of the amount
financed for the project; and thereafter, the county shall reimburse the city
for fifty percent of all debt service payments made by the city on the funds
borrowed for the project until the debt is paid in full. The county's
reimbursement to the city shall be within thirty days of receiving a statement
from the city that debt service payment has been made.
4. On or about July, 1, 2005, the county shall also reimburse the city for fifty
percent of all costs and fees incurred by the city in obtaining financing for
the project.
5. With regards to any grants and reimbursements received by the City for the
project from the state or federal grants, after first applying such grants or
reimbursements to reimburse the city for the $2,000,000 paid by the city
from its general funds .for the project, the balance of such grants or
reimbursements shall be applied to reduce the balance of the remaining debt
incurred by the City to finance the project.
6. Should the Ciry, not obtain the financing necessary to complete the Project
for whatever reason, then this agreement shall be null and void.
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At the briefing, Finance Director Blumenstein said an addendum to the
agreement had been received, and it contained the following stipulations.
1. Should the city advance from the general fund some or all of the necessary costs to
complete the airport expansion and improvement project, then in that event, the County shall:
a. Reimburse the city jor one-half (112 of the city's loss of investment
earnings on the amount advanced based upon the earnings being
received by the city, on its investments at the time the advance it made;
and
b. The county shall reimburse the city for one-half (1/2) of the actual
funds advanced by the city to the extent that the city, is not reimbursed
.from the proceeds of any loans or grants obtained.
2. The County's reimbursement to the City pursuant to Paragraph No. I above shall be
made on a semi-annual basis.
3. The proceeds of any loans or grants received by the city for the airport project shall
first be applied to reimbursement to the city for all funds advanced by the city towards this
project.
4. Paragraph No. 6 of the parties' Inter -local Agreement is hereby eliminated.
5. Except as modified the terms of that Inter -local Agreement entered into between the
parties dated October 7, 2003, shall remain in effect.
At the briefing, Commissioner Madison questioned item 4 in the addendum that
eliminated item 6 in the original document. Mr. Madison asked if there was any chance
the county might be liable for the debt, if the city chose not to seek the financing and
something happened to its fund balance (budget shortfall).
Attorney Pope said the contract imposed upon the city the good faith obligation
to attempt to obtain the financing. He said, however, the contract did not stipulate that
"time was of the essence."
Madison said he understood the city had a substantial fund balance that it could
draw upon, but he wanted to insure that the obligation didn't fall on the county,
especially at an inopportune time.
Pope said this probably wouldn't happen.
MOTTO by Commissioner Williams to approve the addendum as presented.
VOTING: Ayes — 5; Nays — 0.
Request for Approval of Budget Amendment #21 for the Broadcasting of
Future Board Meetings: County Manager Mashburn said that for several years,
Adelphia Cable televised the commissioners' meetings, but as a result of the company's
financial circumstances the service had been stopped. He said the City of Statesville
officials were willing to permit the county to use their governmental access channel for
the broadcasts; however, the Mooresville area was controlled by the Mooresville
Graded School District. He said it would be possible to connect to the city's lines and
produce "live" broadcasts of the commissioners' meetings in Statesville, but due to the
distance between here and Mooresville, these broadcasts would have to be recorded.
Mashburn said several camera operators had been interviewed, and the county could
expect to pay $75 to $125 per meeting, plus the initial purchase of the equipment
($10,000). Mashburn requested a budget amendment for $12,000 to be derived from
the contingency fund to pay for the camera operator's charges through the end of this
fiscal year and for the equipment costs. He said thereafter, $3,000 to $4,000 would be
needed each year.
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MOTION by Commissioner Madison to approve Budget Amendment #21 in the
amount of $12,000 for the purpose of transferring funds from the Contingency Account
to General Governmental for the expenses involved in broadcasting the board meetings
(camera operation and the purchase of video recording equipment).
VOTING: Ayes — 5; Nays — 0.
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS &
COMMISSIONS
Adult Care Home Community Advisory Committee (1 announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Personnel Advisory Board (1 appointment): Commissioner Norman nominated
Margaret Marks.
OTION by Commissioner Madison to close the nominations and to appoint
Marks by acclamation.
VOTING: Ayes — 5; Nays — 0.
Adult Care Home Communitv Advisory Committee 2 appointments): No
nominations were submitted, and Commissioner Madison motione to postpone the two
appointments until the January 20, 2004 meeting.
VOTING: Ayes — 5; Nays — 0.
nominations were submitted, and Commissioner Williams motione to postpone the
alternate appointment until the January 20, 2004 meeting.
VOTING: Ayes — 5; Nays — 0.
UNFINISHED BUSINESS
Impact of Internet Sales & Tax Revenues: Chairman Johnson said he continued
to read articles about the growth of Internet sales. He mentioned that a large percentage
of the county's revenues relied upon sales taxes, and he had requested the county
manager to research the extent of this loss. Johnson said he didn't think Internet sales
taxation was a new tax, but instead, it was an equitable implementation of an existing
tax. He said that at some point in the future, he would like for the board to review
information regarding the lost revenues. He continued by saying it had been projected
that by 2005, there would be a local loss of around $6 million a year.
County Manager Mashburn said it probably be $6 to $8 million a year. He said
it was his understanding that just from last year, the percentage of Internet sales during
this holiday season had increased several percentage points.
Chairman Johnson said there was a federal ban on Internet taxation, and
Congress would have to approve changes in the law.
Mashburn said there was a perception that the county's wanted to tax the
Internet, but this was incorrect. He said the request would be for the companies making
the sales to collect the taxes. In addition, he said the State of North Carolina had
already taken steps to accommodate changes in the law. Mashburn encouraged the
to talk to the legislators about the needed changes.
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Commissioner Williams said $6 to $8 million was equivalent to 6 to 8 cents on
the ad valorem tax rate.
Johnson said it was his understanding that 22% of the people that shopped during
this Christmas season purchased something off the Internet, and it was predicted the
percentage would increase to 40% next year.
Attorney Pope said Internet vendors had an unfair competitive advantage due to
consumers not having to pay taxes.
Comment from Chairman Johnson Reeardin�z Labor Costs: Mr. Johnson said an
article he recently read stated that the National Association of Manufacturers had
estimated that federal regulations had increased the cost per hour of labor in this country
by $5 an hour.
COUNTY MANAGER'S REPORT
Economic Development Meeting in Moore County: Mashburn said the County
Lines newsletter had an article recently about an upcoming meeting on economic
development. He said the meeting was sponsored by the North Carolina Association of
County Commissioners, along with the Institute of Government, and it was to be held in
Moore County at the Mid -Pines Resort on March 18-19, 2004. Mashburn encouraged
the commissioners to attend the meeting, if possible.
ADJOURNMENT: Chairman Johnson reminded the board members about the
Tuesday, January 20, 2004 Open House for the Iredell County Government Center -
South in Mooresville from 4 — 6 p.m., and the board's mid-monthl meetin to be held
on that same day in the facility's courtroom at 7:00 p.m. He then imotione4 to adjourn
the January 6 meeting at 7:45 p.m.
VOTING: Ayes — 5; Nays — 0.
Approved:
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Clerk to the Board