HomeMy WebLinkAboutMay_4_2004_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
MAY 4, 2004
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
May 4, 2004, 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, County Planner
Emily Jackson, and Stephanie Whitlock, a Planning Support Technician, filling in for
Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Johnson.
INVOCATION by Commissioner Madison.
ADJUSTMENTS TO THE AGENDA: MOTION by Chairman Johnson to
adjust the agenda by:
Deletion: • Request from the Iredell-Statesville School System for Approval of a 2003-
2004 Capital Outlay Amendment Request for Year -End Maintenance
Projects (This item was postponed to a future board meeting.)
Additions: • Request for Approval of Budget Amendment #38 for the Transfer of Funds
from Contingency to the Social Services Capital Project Fund for a Sewer
Line Project and Other Costs
• Request for Approval to Change the Roofing Material for the new Library
• Request from the Public Service Company of North Carolina (PSNC) for
Approval of an Easement at Scotts School for the Installation of a Pressure
Regulator/Gas Line
• Closed Sessions to discuss a legal matter/G.S. 143-318.11(a) (3) and a
property acquisition item/G.S. 143-318.11 (a) (5)
VOTING: Ayes — 5; Nays — 0.
Chairman Johnson Issues a Statement Regarding the $124 Million Proposal
Submitted by the Iredell-Statesville School System: Chairman Johnson said there had
been a great deal of discussion in the community about the $124 million school proposal,
and he felt some media sources had not sufficiently expressed the board members'
concerns regarding the matter. He said that for this reason, the following prepared
remarks had been written.
"During the past 12 years, $202,949,718 has been spent renovating and
constructing school buildings in the Iredell-Statesville System. Remember that figure
when someone tells you the commissioners have done nothing for the schools, or when
people complain about the condition of the school buildings.
"The current $124 million proposal is unworkable. Why? Rather than consulting
with the commissioners and our staff, an outside financial consultant was hired who was
unfamiliar with the most current revenue projections for the county. The revenue
projections in the plan are far too optimistic. The plan calls for sales tax revenues
increasing at five percent. They are currently increasing at 2.25 percent. Property tax
revenue projections in the plan are also too optimistic. When the manufacturing jobs left,
because of trade agreements and other policies imposed by the federal government, the
manufacturing equipment left also. This has resulted in property tax revenues being
nearly flat as opposed to increasing at 5 percent annually as predicted in the plan. The
result is the revenue needed to fund the plan will not be there.
"The second problem is the plan uses maintenance money to make payments. This
is unwise. The response to this concern has been, `We will take that risk.' However,
existing facilities will deteriorate while the bondholders get paid. This is not a risk worth
taking.
"Thirdly, the Local Government Commission, that has to approve the debt of local
governments, recommends that debt service should not exceed 15 percent of a county's
budget. This plan takes Iredell County's debt to 18.03 percent. The schools' response to
this concern is `15 percent is only a recommendation.' This is true, but the county has
other capital needs and a high debt ratio will hurt the county when we return to the bond
market. Therefore, a decision to exceed this ratio may be allowable, but it is imprudent.
"The Local Government Commission is adamant that construction bids, major
permits, and Phase I environmental studies are to be obtained before the bonds are sold.
The rebuttal has been, `The LGC has deviated from this policy on other projects in North
Carolina.' Even in the unlikely event that they would, this too is unwise. Should we
borrow money for a plan without knowing exactly what it will cost?
"Lastly, but most devastating to the plan is that the Local Government
Commission requires level principal payment rather than level payment. The part of the
plan dealing with debt service uses an amortization schedule based on level payment.
This schedule shows a surplus of $2 million after the first payment is made in the first
year. Under the level principal payment required by the LGC, there is no surplus.
Instead, there is a $5.6 million deficit.
"This will result in a substantial tax increase. This increase would come on top of
last year's reevaluation which more than doubled the property taxes of many working or
retired folks in Iredell County.
"As you can see, the reluctance of the commissioners to endorse the plan is well
justified. We have appropriated nearly $203 million to improve school buildings in the
Iredell-Statesville School System. $45,162,035 has been appropriated to the Mooresville
Graded School District. This brings the total spent on school buildings in Iredell County
during the last 12 years to $248,111,753. We all realize we must continue to build new
schools and improve older buildings. Any future plan must include realistic revenue
projections and procedures in compliance with the Local Government Commission's
guidelines. The present plan may be well intentioned, but it is unworkable. $24 million
worth of projects are underway today. This was accomplished with cooperation between
the commissioners and school board using realistic financial projections from our highly
competent county staff.
"My desire, and the desire of every county commissioner with whom I have
served, is to see continued improvements in our school buildings. In the last 12 years we
have built new schools, air-conditioned all the existing schools, built science labs and
media centers. More needs to be done and more will be done. Let's put a proven strategy
back to work. A strategy based on sound financial planning and realistic projections."
Commissioner Madison said he appreciated Mr. Johnson making the comments.
PUBLIC HEARINGS
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Chairman Johnson declared the meeting to be in a public hearing, and invited
everyone desiring to speak in reference to Case No. 0403-2 to come forward and be sworn -
in due to the conditional uses involved in the rezoning request.
Rezoning Request; ROE LTD., Property — Case No. 0403-2 from Residential
Agricultural (RA) Zoning District and Neighborhood Business (NB) Zoning District
to Neighborhood Business Conditional Use Zoning District (NBCUD) (Location:
1190 Brawley School Road in Mooresville, NC, adjacent to the Lake Norman
Volunteer Fire Department): Planning Supervisor Ron Smith said the applicant desired
to rezone property (PIN#s 4636-27-1199, 4636-27-2284, 4636-27-5273, 4636-27-6113,
4636-27-4561 & 4636-27-6219) from RA & NB to NB -CUD with the following
conditions:
• The rear portion of lots 3 & 4, specifically designated as septic easements on the
attached survey dated 2/11/04, shall be limited to septic uses only. No
commercial construction shall take place in these areas other than for septic
tanks, lines, or other related features.
• A 10' undisturbed, vegetative buffer shall remain around the perimeter of the
property that directly abuts residential zoned property. Running generally
northeast to southwest along the boundary with Beechtree Forest Subdivision
and extending across Lot 4 of the rezoned property running perpendicular to the
Ross Adams property (PIN# 4636-27-0022), the buffer shall be supplemented
by a fence constructed of natural materials (i.e., wood, stone, brick, etc.) that
meets the regulations as required in the screening section of the Iredell County
Zoning Ordinance.
• At least one "stub -out" shall be provided to allow for potential future
connectivity to the property directly adjacent to the northeast of this property
(PIN# 4636-27-7336, owned by Jerry McNinch).
• There shall be no more than four building lots.
Smith said the proposed use for the property (7.04 acres) was for an office/retail
establishment. He said the property was surrounded by an assortment of uses (residential,
commercial, fire department), and the 2002 estimated daily traffic count was 14,000
vehicles per day compared to a capacity of 9,000 a day. Smith said, however, the level of
service had diminished somewhat on the road due to the construction of new turning lanes
and the installation of lights. Smith said the staff recommended approval, and the
planning board approved the request in an 8-3 vote on April 7, 2004.
Commissioner Tice said the old trading post, previously operating on the property,
was now an "eyesore," and she felt the proposal would improve the site. She did,
however, express a concern about adding more traffic on the Brawley School Road.
Chairman Johnson said a neighborhood business was not "terribly aggressive" as
far as traffic or zoning concerns. He then adjourned the public hearing due to no one else
desiring to speak.
MOTTO by Commissioner Madison, after reviewing the findings of fact and
determining them to be in order, to grant the rezoning request of Case No. 0403-2/ROE
LTD., from RA/N13 to NB -CUD with the conditions as stipulated by the planning
supervisor.
VOTING: Ayes — 5; Nays — 0.
Chairman Johnson declared the meeting to be in a public hearing and requested
that all persons desiring to speak in reference to Case No. 0404-1 to come forward and be
sworn -in due to the conditional uses involved in the rezoning request.
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Rezoning Request; Willie H. Robertson Property, Case No. 0404-1 (PIN#
4749-61-5353) from Residential Agricultural (RA) Zoning District and Neighborhood
Business (NB) Zoning District to Community Business, Conditional Use Zoning
District CB -CUD) (Location: 1352 Jennings Road in Statesville, NC): Planning
Supervisor Smith said the applicant (Jack B. Holbrook) desired to rezone property (1.075
acres of a 66.64 tract) from RA & NB to CB -CUD for the purpose of establishing a gas
station, retail sales, and auto sales business. He said the existing land use was for a gas
station, and the surrounding properties were being used for farming, commercial and
residential uses. He said the capacity for the roadway was 9,000 vehicles a day, and the
estimated daily traffic count was 2,500 vehicles per day. Smith continued by saying the
section currently zoned NB was done in 1990 during countywide zoning, and adjacent
property was zoned CB -CUD from RA & NB in 2001 with the following conditions:
• Only allowing NB uses with the addition of mobile home sales/service
• NB signage regulations except to allow for a 48 s.f free-standing sign
• Development shall be setback a minimum of 30' from Jennings ROW
• Lighting:
- The primary cone of illumination shall not exceed outside of the property
lines
- Lighting source shall be at a height, shielded, and directed so as not to be
visible form Jennings Road or from adjacent residential houses
- One each low-power "security light" allowed
Smith said the existing gas station was a grandfathered use, and the request would
bring the business into a conforming status along with allowing the applicant to add the
car lot. He said the staff recommended approval, and the planning board unanimously
approved the request on April 7, 2004 with the following conditions:
• NB signage regulations except these pertaining to the free-standing sign
• Lighting:
- The primary cone of illuminations shall not exceed outside of the
property lines
- Lighting source shall be at a height, shielded, and directed so as not to
be visible from Jennings Road or from adjacent residential houses.
Commissioner Williams asked if there was any opposition to the request, and
Smith said no.
No one else desired to speak, and Chairman Johnson adjourned the hearing.
MOTION by Commissioner Williams, after reviewing the findings of fact and
determining them to be in order, to grant the request of Case No. 0404-1 from RA & NB
to CB -CUD.
VOTING: Ayes — 5; Nays — 0.
Chairman Johnson declared the meeting to be in a public hearing.
Proposed Amendment to the Airport Hazard Ordinance & the Airport
Overlay Zoning District: Planning Supervisor Smith said he was presenting a two-
pronged request. He said textual changes were needed for the airport hazard ordinance,
and these were primarily for definitions and for the establishment of the following zones
(1) non -precision instrument approach zones (2) precision instrument runway approach
zones (3) transitional zones (4) horizontal zones and (5) conical zones. Mr. Smith said the
zones depicted different areas to protect the airspace around the airport in the form of a
height ordinance. He said the North Carolina Department of Transportation had strongly
recommended for the requests to be adopted before the airport improvements were made
due to the Instrument Landing System (ILS). Smith said the second part of the request
was to make changes in the overlay map. He said the changes would govern the height of
what was built in the zones to protect airplanes landing and departing.
No one else desired to speak, and Chairman Johnson adjourned the hearing.
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MOTTO by Chairman Johnson to adopt the amendment to the airport hazard
ordinance and the changes to the overlay zone map.
VOTING: Ayes — 5; Nays — 0.
The ordinance will now read as follows:
APPENDIX D AIRPORT HAZARD ORDINANCE
Section 101. Authority and enactment.
The Legislature of the State of North Carolina has, in Chapter 63, Article 4, Model Airport Zoning
Act, authorized local governmental units to adopt regulations designed to protect the public health,
public safety, and general welfare of their citizenry. The Iredell County Board of Commissioners
does hereby ordain and enact into law the following article as the Airport Hazard Ordinance of
Iredell County.
Section 102. Definitions.
For the purposes of this ordinance, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Airport means the Statesville Municipal Airport.
Airport Elevation means the established airport elevation above mean sea level, which is 965 feet
at Statesville Municipal Airport.
Airport hazard means any structure or tree which obstructs the aerial approaches of a publicly
owned airport or is otherwise hazardous to its use for landing or taking off.
Approach Surface means a surface longitudinally centered on the extended runway centerline,
extending outward and upward from the end of the primary surface and at the same slope as the
approach zone height limitation slope set forth in Section 103 of this Ordinance. In plan the
perimeter of the approach surface coincides with the perimeter of the approach zone.
Conical Surface means a surface extending outward and upward from the periphery of the
horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
Height means the vertical distance from the ground elevation to the highest point of a structure or
tree, including any appurtenance thereon.
Horizontal Surface means a horizontal plane 150 feet above the established airport elevation, the
perimeter of which in plan coincides with the perimeter of the horizontal zone.
Nonconforming Structure means any structure or tree which does not conform to this ordinance as
of the effective date of these regulations.
Non -Precision Instrument Runway means a runway having an existing instrument approach
procedure utilizing air navigation facilities with one horizontal guidance, or are type navigation
equipment, for which a straight -in non -precision instrument approach procedure has been
approved or planned.
Precision Instrument Runway means a runway having an existing instrument approach procedure
utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means
a runway for which a precision approach system is planned and is so indicated on an approved
airport layout plan or any other planning document.
Primary Surface means a surface longitudinally centered on a runway. When the runway has a
specifically prepared hard surface, the primary surface extends 200 feet beyond each end of that
runway. The width of the primary surface is set forth in Section 103 of this Ordinance. The
elevation of any point on the primary surface is the same as the elevation of the nearest point on
the runway centerline.
Runway means a defined area on an airport prepared for landing and takeoff of aircraft along its
length.
Structure means any object, constructed or installed by human labor, including, but without
limitation, buildings, towers, smokestacks and overhead transmission lines.
Transitional Surfaces means surfaces that extended outward at 90 degree angles to the runway
centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each
foot vertically from the aides of the primary and approach surfaces to where they intersect the
horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach
surfaces, which project through and beyond the limits of the conical surface, extend a distance of
5,000 feet measured horizontally from the edge of the approach surface and at 90 degree angles
to the extended runway centerline.
Tree means any object of natural growth.
Section 103. Airport zones.
In order to carry out the purposes of this ordinance, there are hereby created and established
certain zones, which include all of the land lying beneath the approach surfaces, transitional
surfaces, horizontal surfaces, and conical surfaces as they apply to Statesville Municipal Airport.
Such zones are shown on the height zoning map, prepared by W.K. Dickson dated October, 2003,
which is attached to this ordinance and made part hereof. An area located in more than one (1) of
the following zones is considered to be only in the zone with the more restrictive height limitation.
The various zones are hereby established and defined as follows:
(a) Non -Precision Instrument Approach Zone. The inner edge of this approach zone coincides
with the width of the primary surface and is 1,000 feet wide. The approach zone expands
outward uniformly to a width of 4,000 feet at a horizontal distance 10,000 feet from the primary
surface. Its centerline is the continuation of the centerline of the runway.
(b) Precision Instrument Runway Approach Zone. The inner edge of this approach zone
coincides with the width of the primary surface and is 1,000 feet wide. The approach zone
expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet
from the primary surface. Its centerline is the continuation of the centerline of the runway.
(c) Transitional Zones. The transitional zones are the areas beneath the transitional surface.
(d) Horizontal Zone. The horizontal zone is established by swinging arcs of 10,000 feet radii
from the center of each end of the primary surface of each runway and connecting the
adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include
the approach and transitional zones.
(e) Conical Zone. The conical zone is established as the area that commences at the periphery
of the horizontal zone and extends outward there from a horizontal distance of 4,000 feet.
Section 104. Height limitations.
No structure or tree shall be erected, altered, allowed to grow or maintained in the airport zones to
a height in excess of the height limit as determined by the aerial contours appearing on the height
zoning map referred to in Section 103. Except for the City of Statesville, the property owner of a
tree, determined to be an airport hazard, shall not be responsible for bringing such tree into
conformance with this ordinance.
Section 105. Use restrictions
Notwithstanding any other provisions of this Ordinance, no use may be made of land or water
within any zone established by this Ordinance in such a manner as to create electrical interference
with navigational signals or radio communication between the airport and aircraft, make it difficult
for pilots to distinguish between airport lights and others, resulting in glare in the eyes of pilots
using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or
otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft
intending to use the airport.
Section 106. Nonconforming structures.
Subject to the provisions of subsection (a) of Section 108, the regulations prescribed in Section
104 shall not be construed to require the removal, lowering or other change or alteration of any
structure or tree not conforming to the regulations as of December 3, 2003.
Section 107. Variances.
Variances may be permitted by the board of adjustment where a literal application or enforcement
of the regulations prescribed by this ordinance would result in practical difficulty or unnecessary
hardship and the relief granted would not be contrary to the public interest or impair the utility of
the airport, but do substantial justice and be in accordance with the spirit of this ordinance.
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Section 108. Permits.
(a) Future structure. No person shall erect or alter any structure within the airport zones
without first applying for and receiving a permit in accordance with the provisions of this
ordinance.
(b) Existing structures. Before any existing structure may be replaced, substantially
altered or repaired, or rebuilt within the airport zones, a permit must be secured authorizing
such replacement, change or repair. No such permit shall be granted that would allow the
establishment or creation of an airport hazard or permit a nonconforming structure to be made
or become higher than the height limit as determined by the aerial contours appearing on the
height zoning map referred to in Section 103.
(c) Permit requirements. When compliance with the aerial contour height limits cannot be
clearly established without further information, the zoning administrator may require that the
permit include, but not be limited to, the ground elevation of the area in question with
certification by a registered land surveyor or professional engineer.
Section 109. Hazard marking and lighting.
Any permit or variance granted under Section 107 or 108 may, if such action is deemed advisable
to effectuate the purposes of this ordinance, be so conditioned as to require the owner of the
structure or tree in question, to permit the City of Statesville, at its own expense, to install, operate
and maintain thereon such markers and lights as may be necessary to indicate to flyers the
presence of an airport hazard.
Section 110. Duties of zoning administrator.
The zoning administrator is hereby designated the administrative official charged with the duty of
administering and enforcing the regulations prescribed in this ordinance. The duties of the zoning
administrator shall include that of hearing and deciding all applications for permits under Section
108, but the zoning administrator shall not have or exercise any of the powers or duties herein
delegated to the board of adjustment.
Section 111. Board of adjustment.
(a) The board of adjustment is to have and exercise the following powers:
(1) To hear and decide appeals from any order, requirement, decision or
determination made by the zoning administrator in the enforcement of this ordinance.
(2) The hear and decide specific variances under Section 107.
(b) The board of adjustment may adopt rules establishing procedure. Meetings of the board
of adjustment shall be held at the call of the chairman and at such other times as the board of
adjustment may determine. The chairman or, in the absence of the chairman, the acting
chairman, may administer oaths and compel the attendance of witnesses. All meetings of the
board of adjustment shall be public. The board of adjustment shall keep minutes of its
proceedings, showing the vote of each member upon each question or, if absent or failing to
vote, indicating such fact, and shall keep records of its examinations and other official actions,
all of which shall immediately be filed in the office of the board of adjustment and shall be a
public record.
Section 112. Appeals.
(a) Any person aggrieved, or any officer, department, board, commission or bureau of the
county affected, by any decision of the zoning administrator made in the administration of this
ordinance may appeal to the board of adjustment, for which provision is made in Section 111.
(b) All appeals taken under this ordinance must be taken within the time provided by the
rules of the board of adjustment, by filing with the zoning administrator and with the board of
adjustment a notice of appeal, specifying the grounds thereof. The zoning administrator shall
forthwith transmit to the board of adjustment all the papers constituting the record upon which
the action appealed was taken.
(c) An appeal shall stay all proceedings in furtherance of the action appealed from, unless
the zoning administrator certifies to the board of adjustment, after the notice of appeal has
been filed, that by reason of facts stated in the certificate a stay would, in his opinion, cause
immediate peril to life or property. In such case, proceedings shall not be stayed otherwise
than by a restraining order of the board of adjustment or by a court of record on application, on
notice to the zoning administrator and on due cause shown.
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(d) The chairman of the board of adjustment shall fix a reasonable time for the hearing of
the appeal and cause public notice to be given together with notice to the parties in interest.
The board of adjustment shall decide the appeal within a reasonable time. At the hearing, any
party may appear in person or by agent or by attorney. All witnesses will be sworn and a
record of the proceedings shall be kept.
(e) The board of adjustment may, in conformity with the provisions of this ordinance,
reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination
appealed from and may make such order, requirement, decision or determination as ought to
be made, and to that end shall have all the powers of the administrative agency from which
the appeal is taken.
(f) Before the board of adjustment considers a variance request or hears an appeal from
any order, requirement, decision or determination made under the provisions of this ordinance,
the Statesville Airport Commission shall be given an opportunity to make recommendations
with respect to the variance or appeal.
(g) The board of adjustment shall make written findings of fact and conclusions of law,
giving the facts upon which it acted and its legal conclusions from such facts, in reversing,
affirming or modifying any order, requirement, decision or determination which comes before it
under the provisions of this ordinance.
(h) The concurring vote of four-fifths of the members of the board of adjustment shall be
necessary to reverse any order, requirement, decision or determination of the zoning
administrator, or to decide in favor of the applicant on any matter upon which it is required to
pass under this ordinance.
Section 113. Judicial review.
Any person, any taxpayer or any officer, department, board or bureau of the county aggrieved by
any decision of the board of adjustment, may petition for a writ of certiorari to the superior court as
provided in G.S. 63-34.
Section 114. Enforcement and remedies.
Each violation of any regulations, order, or ruling made pursuant to this ordinance shall constitute
a Class 3 misdemeanor. Each day a violation continues to exist shall constitute a separate
offense. In addition, the county may institute in any court of competent jurisdiction, an action to
prevent, restrain, correct or abate any violation of this ordinance or of any order or ruling made in
connection with its administration or enforcement. The court shall provide relief, by injunction or
otherwise in order to fully effectuate the purposes of this ordinance and orders and rulings made
pursuant thereto.
Section 115. Adoption.
Duly adopted by the Board of Commissioners of the County of Iredell, North Carolina, this the 4th
day of May 2004.
Chairman Johnson declared the meeting to be in a public hearing.
Proposed Amendment to the Iredell County Zoning Ordinance; Section 8.3
(Table of Permitted Uses and Special Uses) — Sewage Treatment Plants Permitted as
a Special Use in the Residential Agricultural (RA) Zoning District: Planner Emily
Jackson said a request had been received from Mrs. J.L. Power to amend the zoning
ordinance to require a special use permit for non-governmental public sewage treatment
plants in the RA zoning district. Jackson said currently, the zoning ordinance did not
require special use permits for this type of district. She said the staff had reviewed the
request, along with the ordinances of other jurisdictions, and it was discovered that other
counties required a special use permit for this type of facility. Jackson said the planning
board, on April 7, 2004, unanimously voted in favor of the request.
Chairman Johnson said he understood that a special use permit was required to
establish these types of facilities in every residential classification except the RA district.
Jackson said this was correct.
Johnson said he also understood that if residents in an RA district had opposition
to a sewage treatment plant, as the current ordinance was written, their only recourse
would be by civil action through a court of law.
Jackson said this was also correct.
Jackie Power, a resident of the Spring Acres Subdivision, said she was requesting
an amendment to the ordinance that would require non-public sewage treatment facilities
to apply for special use permits when locating facilities in RA districts. She said currently
in Iredell County, the RA districts were the only areas exempted from the process. Mrs.
Power said the Highway 150 treatment plant was permitted by the state and construction
was already in progress before she and other residents knew what type of facility was
being built. She said that if a special permit had been required, the board of adjustment
would have evaluated the request, and the residents in the neighborhood would have been
notified. Mrs. Power said the state of North Carolina had 71 sewage treatment permit
applications for a ten -county area. She said 17 of the applications were for Iredell County,
and already, there were 14 sewage treatment plants discharging into Lake Norman. Power
said two of the existing plants were for commercial facilities. She said the Hwy. 150
facility was the only one that treated wastes from off-site sources, and its discharge was
ten times that of any other treatment facility. She continued by saying the vision of the
Hwy. 150 facility was to become a regional provider which had the potential of processing
non-Iredell County waste. Power said her subdivision was not a part of the facility's
customer base. Mrs. Power said she wasn't anti -growth or development, but the county
needed more control over the facilities, especially since the Hwy. 150 facility was located
in a critical watershed area.
Michael Lindsey, a resident of 173 Trollingwood Lane, in the Spring Acres
Subdivision, said the Hwy 150 plant (100,000 gallon per day package waste treatment
facility) was built four year ago, but its license to operate was rescinded by the NC
Department of Environment and Natural Resources (DENR). He said the plant was now
up for licensing as a 300,000 gallon per day facility with a goal to process up to one
million gallons per day. Mr. Lindsey said he believed in a pro -active approach to land use
planning, and he had a sincere interest in preserving the quality of life in the county. He
said he supported the special use permit request for the following reasons:
1. The proposal conforms with the practice of other counties in the region.
2. Requiring special use permits in RA districts is in alignment with the practice
already in place (Permits are required for septage disposal sites in RA districts).
3. The requirement of a special use permit would protect neighborhoods from
improper and damaging intrusions.
4. The state looks to DENR for the review and management of waste treatment
applications, but from a local perspective, the state agency does not evaluate
the request beyond water quality. (It does not look at local land uses, zoning,
or harmony with the surrounding community.)
No one else desired to speak, and Chairman Johnson adjourned the hearing.
MOTION by Commissioner Tice to approve the proposed amendment to the
Iredell County Zoning Ordinance, Section 8.3 (Table of Permitted Uses & Special Uses) —
Sewage Treatment Plants Permitted as a Special Use in the RA Zoning District as
presented.
VOTING: Ayes — 5; Nays — 0.
The ordinance amendment will revise the following chart as follows:
USE TYPES
R -A
RU -R
R -R
R-
20
R-12
R-8
R -8A
R-0
0-1
NB
HB
SC
CB
GB
M-1
M-2
SR
Sewage
S
S
S
S
S
S
S
S
X
X
X
X
X
X
X
X
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treatment plants,
non-
governmental
public
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ADMINSTRATIVE MATTERS
Request from the Sheriffs Department for the Approval of Prior Service
Credit for an Iredell County Patrol Deputy: County Manager Mashburn said he had
previously denied a request from Deputy Joe Moody for prior service credit due to the
requirements of the personnel policy not being met. He said the request had now been
appealed to the board of commissioners.
Commissioner Williams asked if other requests, of this type, had been submitted.
Mashburn said several years ago, there were some requests made after the policy
was changed in 2000, but these were denied. In addition, he said that if the board
approved the request, other employees would probably ask for the same type of credit.
Commissioner Madison asked if a similar request had ever been approved.
Mashburn said to his knowledge no requests had been approved.
MOTION by Commissioner Madison, due to the personnel policy, and the
precedent already set regarding prior service credit, to deny the request.
VOTING: Ayes — 5; Nays — 0.
Request for Approval of Budget Amendment #38 for the Transfer of Funds
from Contingency to the Social Services Capital Project Fund for a Sewer Line
Project and Other Costs: Finance Director Blumenstein said bids from Folger
Properties had been received to complete the county's part of the sewer line for the new
social services building (Eastside Drive, Statesville, NC). She said the county's portion
was $39,240. Blumenstein said the funds were not presently budgeted, but they would be
included in the financing scheduled for this summer. Blumenstein requested that $50,000
be transferred from contingency to the social services capital project. She said the
remaining $10,760 would cover professional fees that would be needed prior to the
construction. Mrs. Blumenstein said the funds would be reimbursed to the county when
the financing was completed and a reimbursement resolution was adopted.
MOTION by Commissioner Norman to approve Budget Amendment #38 for the
transfer of $50,000 from contingency to the social services capital project fund as
described by the finance director.
VOTING: Ayes — 5; Nays — 0.
--------------------------------------------CONSENT AGENDA ------------------------------------
items.
MOTTO by Chairman Johnson to approve the following seven consent agenda
VOTING: Ayes — 5; Nays — 0.
1. Request for the Renewal of a Lease with the Iredell Arts Council for the Old
Jail Building Located at South Meeting and Court Streets (see briefing minutes)
2. Request for Approval of an Inter -Local Agreement for the Purpose of
Purchasing Transportation Billing & Scheduling Software (see briefing minutes for
more details regarding the software)
3. Request from the Emergency Services Department for Approval to Apply for
a Hazardous Materials Emergency Preparedness Grant: Emergency Services Director
Tracy Jackson requested permission to apply for a $4,911 grant from the FY 2003
Hazardous Materials Emergency Preparedness Fund for the purpose of hiring a consultant
to develop and execute a training program.
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4. Request from the Emergency Services Department for Approval to Apply for
an Urban Areas Security Initiative Sub -Grant: Tracy Jackson, the Emergency
Services Director, requested permission to apply for a $75,000.00 sub -grant for
interoperable communications equipment. Jackson, through a memo, indicated that
Charlotte -Mecklenburg was the actual grantee, and funds would be distributed to
surrounding counties to address specific regional homeland security goals and objectives.
5. Request for Approval of an Employee Health Insurance Plan for 2004-05 (see
briefing minutes)
6. Request for Approval to Change the Roof of the new Library (see briefing
minutes for more information regarding this request)
7. Request from the Public Service Company of North Carolina (PSNC) for an
Easement at Scotts School for the Installation of a Pressure Regulator/Gas Line (see
briefing minutes for information regarding this request)
OF CONSENT AGENDA ------------------------------------
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
• Region F Aging Advisory Committee (2 announcements)
APPOINTMENTS TO BOARDS & COMMISSIONS
Adult Care Home Community Advisory Committee (4 appointments):
Commissioner Williams nominated Janet Hall for a reappointment.
No other nominations were submitted.
MOTION by Commissioner Madison to appoint Hall by acclamation and to
postpone the remaining three appointments until the May 18 meeting.
VOTING: Ayes — 5; Nays — 0.
Troutman Planning Board (2 appointments): Commissioner Norman nominated
Don Kelly.
Commissioner Madison nominated Tom Moore.
MOTION by Commissioner Tice to close the nominations and to appoint Kelly and
Moore by acclamation.
VOTING: Ayes — 5; Nays — 0.
Mooresville Library Board of Trustees (3 appointments): Commissioner Tice
nominated Dottie Wilson and Bill Newell, Jr.
OTION by Commissioner Madison to appoint Wilson and Newell by acclamation.
VOTING: Ayes — 5; Nays — 0.
Note: In accordance with the Mooresville Public Library bylaws, the Chairman of
the Iredell County Board of Commissioners, or this person's designee, shall serve as a non-
voting trustee.
NEW BUSINESS
Homeland Security Letter: Chairman Johnson thanked Emergency Services
Director Tracy Jackson and Communications Director David Martin for the recent letter
regarding homeland security. Johnson said the letter emphasized the need for more local
control and radio interoperability.
County Manager Mashburn said the emphasis on more local control was also being
conveyed to the North Carolina Association of County Commissioners.
EPA Attainment/Non-Attainment Designations: Commissioner Williams thanked
the county manager for his efforts in convincing the Environmental Protection Agency to
not impose the non -attainment designation for the entire county.
Chairman Johnson said the staff members at Congressman Richard Burr's office
and Senator Elizabeth Dole's office were also to be thanked and commended for their
assistance. Johnson said Bill Thunberg, of Mooresville, was also instrumental in the
matter.
Commissioner Tice expressed her appreciation to everyone who worked on the
EPA designations. She pointed out that the Mooresville Business Park was not included
in the non -attainment area.
County Manager Mashburn said the air quality issue was a cooperative effort
between all of the municipalities in the county.
CLOSED SESSION: MOTION by Chairman Johnson to enter into closed
session for the purpose of discussing matters relating to:
Personnel — G.S. 143-318.11 (a) (6)
Legal — G.S. 143-318.11 (a) (3)
Property Acquisition — G.S. 143-318.11(a) (5).
VOTING: Ayes — 5; Nays — 0.
ADJOURNMENT: MOTIO by Chairman Johnson to adjourn the meeting.
(NEXT MEETING: Tuesday, May 18, 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:
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Stephanie Whitlock
Planning Support Technician
Clerk to the Board