HomeMy WebLinkAboutNovember_9_2004_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
NOVEMBER 9, 2004
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
November 9, 2004, at 7:00 p.m., in the Iredell County Government Center, 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, and Acting Clerk to the Board Stephanie Whitlock.
CALL TO ORDER by Chairman Johnson.
INVOCATION by Commissioner Madison.
PLEDGE OF ALLEGIANCE TO THE FLAG
ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Johnson to adjust the
agenda by the following revisions:
Deletions: *Request for Approval of Electrical and Construction Bids for the Flex -Sol
Waterline & Sewer Project (West Consultants recommends for the electrical bid to
be awarded to Smart Electric Company at $63,389 and for the construction bid to be
awarded to the Hickory Sand Company at $204,269.)
*Request for Approval of a Lease Agreement with Crossroads Behavioral Healthcare
for the 610 East Center Avenue, Mooresville, NC Property (former Health
Building)
*Closed Session Pursuant to G.S. 143-318.11 (a) (5) —Property Acquisition
VOTING: Ayes — 5; Nays — 0.
APPOINTMENT BEFORE THE BOARD
Mr. James Rick Bringle Speaks Regarding the Need to have an Ordinance to
Address Stormwater Runoff Problems in the County: Mr. Bringle said he recently built his
home at 110 Tumerlair Court, and since then, a developer had built two additional homes. He
said the two newly developed lots were uphill from his property, and he was experiencing
stormwater run-off. Mr. Bringle ran two videos, one of which showed the run-off before grass
was planted and landscaping occurred and the other after these were added. He requested for the
commissioners to approve some type of ordinance to regulate the problem.
Chairman Johnson asked Planning Supervisor Ron Smith if there were any regulations to
address the problem.
Mr. Smith said he was not aware of any county or state regulations.
Chairman Johnson said a decision would not be made at the November 9 meeting
regarding the request. He asked Mr. Bringle to provide copies of the videos for the Board's
review.
PUBLIC HEARINGS
Chairman Johnson declared the meeting to be in a public hearing. He also recused
himself from voting on Case No. 0410-1 due to kinship to the owners of G & M Milling.
Rezoning Request for the Linda Sue Stroud, Roger Dale Stroud & Charles Herman
Stroud Jr., Property, Case No. 0410-1: G & M Milling Company Requests to Rezone
Property from Residential Agricultural to General Business District (Location: 4024
Taylorsville Highway, Statesville, NC- PIN# 4715-28-6481.) Planning Supervisor Smith
presented the staff report for this rezoning request, most of which is as follows:
Staff Report
PROPOSED USE: Warehousing and storage
SIZE: The parcel is 3.36 acres.
EXISTING LAND USE: Residential
SURROUNDING LAND USE: Commercial, industrial, and residential
WATERSHED REGULATIONS: The property is not located in a watershed district
TRAFFIC: According to the 1993 Iredell County Thoroughfare Plan, the capacity for
this stretch of roadway is 9,000 vehicles per day. In 2002, the estimated daily traffic
count was 4,500 vehicles per day.
ZONING HISTORY: The property to the east of the parcel has been zoned GB since
countywide zoning went into effect in 1990. North State Lumber Distributors rezoned
the property to the north on January 7, 1997, from RA to GB, Case# 9612-1. The
property to the west was rezoned by John M Watts from RA to M -I on December 21,
1993, Case # 9312-2.
STAFF COMMENTS: The rezoning request is in compliance with the Iredell County
Land Use Plan. The property is located in a commercial node and is adjacent to an
industrial node. The properties surrounding it are presently zoned General Business and
Light Manufacturing. Therefore, staff recommends in favor of the rezoning request.
PLANNING BOARD RECOMMENDATION: On October 6, 2004, the planning board
unanimously recommended in favor of the rezoning by a vote of 7-0.
(end of staff report)
Jeff McNeely, with the G & M Milling Company, said the property had recently
gone on the market for sale. He added that his company might plan to expand in the
future, but not at the immediate time.
No one else desired to speak, and Chairman Johnson adjourned the hearing.
MOTTO by Commissioner Tice to approve the request of Case No. 0410-1
(G & M Milling Company) from Residential Agricultural to General Business District.
VOTING: Ayes — 4; Nays — 0.
Chairman Johnson declared the meeting to be in a public hearing and requested
that all persons desiring to speak in reference to the conditional uses of Case 0410-2 to
proceed to the dais to be sworn in.
Rezoning Request for the Lake Norman Airport Inc., Property, Case No. 0410-2:
Tom Wilson Requests to Rezone a Portion of Property from Residential
Agricultural/Single Family Residential to Heavy Manufacturing Conditional Use District
(M-2 CUD) & to Change the Conditions Rendered on a Portion of Property Already
Identified as Heavy Manufacturing Conditional Use District (M-2 CUD): Planning
Supervisor Smith presented the staff report for this request, most of which is as follows:
Staff Report
LOCATION: Yeager Road, Mooresville, specifically a portion of PIN 4638-62-0564.
Directions: Perth Road south, turn right onto Catawba Air Road, turn left onto Yeager
Road.
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REQUESTED ACTION AND CONDITIONS: Rezone the property from R-20, Single
Family Residential Zoning District, RA, Residential Agricultural Zoning District, to M -2 -
CUD, Heavy Manufacturing Conditional Use Zoning District and change the conditions
of a portion on the existing M -2 -CUD. The conditions are as follows:
1. For the existing hangar, allow the following:
o Aviation related offices
o Avionics and interior airplane work
2. For the area proposed to be rezoned, allow airplane tie downs
PROPOSED USE: All uses as listed in the conditions
SIZE: The parcel is 11.37 acres.
EXISTING LAND USE: Lake Norman Airport
SURROUNDING LAND USE: Lake Norman Airpark and residential
TRAFFIC: Yeager Road is not a state maintained road. Due to the low volume of traffic
on Catawba Air Road, there have not been any traffic counts done for this road.
ZONING HISTORY: (A separate fact sheet was included in the agenda packet).
STAFF COMMENTS: The request is in part a result of the previous case that was heard
and withdrawn in August. The conditions that are part of this request address many of
the objections that were heard in the last meeting.
Although this request would extend the existing M-2 (CUD) property to include more airplane
tie -downs, it would also remedy an ongoing enforcement problem. The area in question is
currently paved and used only for Dr. Wilson's planes. If there were infractions of this rule, it
would be very unlikely the staff would be aware of them. Rezoning this small area would allow
for the same number of planes to be stored, while not having a significant impact on the adjoining
vacant residential properties.
The changes in the conditions for the existing hangar are minor in comparison to what was
requested at the last meeting. An allowance for aviation related offices and minor airplane work
in the hangar are not unreasonable in the staff's opinion. Based on the relatively minor changes
that this request would have on the scope of the airport operations, the staff recommends
approval.
(end of staff report)
David Parker, an attorney representing Dr. Wilson, the property owner, said the request
involved the following three aspects:
1) A change of the conditions to allow the 7000 s.f. hanger to be built out
2) The ability for the public to use the space for avionic services
3) A rezoning of the tie -down area for the purpose of allowing the public to also tie
down.
Parker said the requests would cause very little impact on plane traffic but a large impact
on the cash flow for his client. He said the neighbors would actually have a place for their planes
to be worked on locally, and this would reduce the amount of air traffic. Parker said the pilots
could drive down the airstrip for repairs instead of flying out to other locations. He said the tie -
down pad already existed, but Dr. Wilson desired permission to allow the public to use it.
Attorney Parker said seven planes could be accommodated. He said a notice from the Federal
Aviation Administration prohibited pilots from flying over the school, and most of them tried to
be responsible and obey the rules, but occasionally some people were unaware of the ruling and
disobeyed. Mr. Parker said (1) the airport couldn't be extended, (2) the buffers and taxiways
were there to stay, and (3) the airport could never become a commercial facility.
Butch Stevens (proponent): Stated the airpark was not a commercial facility. He said
no large aircraft was permitted at the site, and he desired to see some avionics.
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Bob Joyner (proponent): Stated the airpark was convenient -- easy access in and out. He
said the avionic plans were great, and the community needed the airport. He also said that most
locals agreed with the plans.
Tom Wilson (proponent — owner/applicant): Stated he tried to be as sensitive as possible
to his neighbors, but not everyone could be pleased. Advised that he needed to cash flow the
hangers to continue operations and services. Stated he was not planning on increasing to a large
level.
Mark William (opponent): Stated the facility would have limited parking. Also stated
that Yeager Road was more of a taxiway than an ingress and egress for the public.
Byron Alexander (opponent): Stated the noise was his primary concern, and he was
awakened every morning at 5:45 a.m., with planes going in and out. Advised that he home
schooled his children, and the noise was distracting.
Harry Rimmer (opponent): Stated the runway had already been lengthened once, and the
positive for this was that the pilots could elevate faster, but the negative was they could change
flight patterns quicker. He said the pilots were supposed to wait until they were over the lake to
change their flight patterns, but they did not. Rimmer said this was a safety concern. He said the
zoning change would not devalue the airpark property, but it would decrease the values of the
houses in the airport area and on Perth Rd.
Jim Slate (opponent): Stated concerns about the septic field not being large enough to
accommodate the 7000 s.f. renovation. He also stated that most of the business operations were
not from the residents but from other sources. He said the traffic flow would increase if services
were expanded. In addition, he said other problems were (1) the inability to contact the airpark's
management and (2) security. He said a gate had been installed at the entrance of the airpark, but
now, people used Catawba Road to gain access.
Charles Littwin (proponent): Stated that approval of the requests would provide a
valuable service without negative impacts on the neighbors.
Shannon Marshall (opponent): Stated the request had been reduced from the August
meeting, but the intent was still the same -- to grow and provide commercial services.
Barbara Bell (op op nent): Stated that safety was her primary concern due to 21 accidents
resulting in 5 deaths in the Mooresville area, and pilot error being listed as the cause in most
reports. Advised that the most recent accident occurred on October 12, 2003, when a plane
crashed into a hanger. Advised that the odds of a tragedy increased as the business expanded.
She presented a petition with 102 signatures in opposition from property owners in/around the
Lakeshore Elementary School area.
Meg Frost (opponent): Stated a friend had flown in from out of town and utilized the
tie -down area, so she knew the public was using the facility. She stated the matter for her
involved a "trust" issue. She said everyone had been told the airpark would be for residential
and not commercial purposes. She said (1) houses were built around the airpark (2) Dr. Wilson
made his money and (3) Dr. Wilson was now trying to make more money by turning the facility
into a commercial airport.
Gwen Kane (opponent): Presented a petition in opposition with signatures from residents
of five different communities.
Attorney Parker said that in regards to the septic field and the parking, these elements
would have to meet county zoning and health requirements before being permitted. He said that
as far as NPST data, that cars on I-77 were more dangerous than what Mr. Wilson was
requesting. Parker said that in reference to the tie -down area, it was not fenced off. He also
said the airpark pre-existed most of the development in the area.
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Meg Frost (opponent): Spoke again and said she wanted the commissioners to know (1)
that her friend went into the airpark office and was told to use the tie -down pad, and (2) the
friend then paid for the tie -down service.
Chairman Johnson adjourned the public hearing.
MOTIO by Commissioner Madison, after reviewing the findings of fact and
determining that they were not in order, to deny all three aspects of the request for Case No.
0410-2 (Lake Norman Airport, Inc.).
VOTING: Ayes — 5; Nays — 0.
APPRECIATION EXPRESSED TO PLANNING SUPERVISOR RON SMITH:
Planning Supervisor Ron Smith, who plans to accept employment with CMR Consulting
Services in Kannapolis, NC, effective November 12, 2004, was thanked for his county service.
Chairman Johnson said it had been a pleasure working with Mr. Smith.
ADMINISTRATIVE MATTERS
Update on the Duke Power Relicensing of 13 Hydroelectric Power Stations & 11
Reservoirs along the Catawba River (Catawba Wateree Project): Planning Supervisor
Smith presented a PowerPoint presentation regarding the Duke Power Relicensing of electric
power stations and reservoirs along the Catawba River. He recommended that public meetings
be held to gain input from the Lake Norman residents, the Lake Norman Marine Commission,
and the Look Out Shoals and Catawba River residents. Mr. Smith said that if the Federal
Energy Regulatory Commission (FERC) approved the license, it would be effective for 30 to 50
years, and for this reason, public input was needed.
MOTION by Commissioner Madison to instruct the staff to proceed with the public
meetings as recommended by Mr. Smith.
VOTING: Ayes — 5; Nays - 0.
Request for Approval of an Electrical Power Supplier for the New Social Services
Building to be located on Eastside Drive, Statesville, NC: Due to a conflict of interest,
Commissioner Norman recused himself from voting on this request.
Support Services Director Vernon said electrical rate and site lighting proposals for the
new DSS building were received from EnergyUnited and the City of Statesville. He said
EnergyUnited was the least expensive for both components. Vernon said the City of Statesville
would require a 4" conduit to be extended approximately 6700 linear feet, but Energy United
didn't, due to a direct burial.
MOTIO by Commissioner Williams to select EnergyUnited for the electricity and for
the site lighting as was recommended by the staff.
VOTING: Ayes — 4; Nays — 0.
----------------------------------------------CONSENT AGENDA ------------------------------------------
OTION by Chairman Johnson to approve the following six (6) consent agenda items.
VOTING: Ayes — 5; Nays — 0.
1. Request from the Emergency Services Department for Approval of a Mutual Aid
Contract with Catawba County (This contract will extend through June 30, 2005, with the
option of automatic one-year renewals.)
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2. Request from the EMS Department for Approval of Fee Changes: The current fees
and the approved new ones are as follows:
IREDELL COUNTY EMS FEE RECOMMENDATIONS
3. Request from the Sheriff's Department for Adoption of a Resolution Allowing a
Retiring Law Enforcement Officer to Purchase his Service Side Arm & Permission for the
Retiree to Retain His Service Badge: This request was approved in conjunction with the
following resolution.
RESOLUTION REGARDING BADGE AND SIDE ARM OF
CHIEF DEPUTY STEVE WALLACE
WHEREAS, Steve Wallace has served as a Chief Deputy in the Iredell County Sheriff's Office
and has, upon his retirement, requested to be permitted to retain his badge and to purchase his service side
arm.
NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners of Iredell County, that
said badge be awarded to Steve Wallace at no cost and that his side arm be sold to him for the sum of One
Dollar ($1.00), in accordance with G.S. 20-187.2.
This the 9th day of November, 2004.
One (1) Glock, 40 Caliber Pistol
Model 22, Serial # ALF305-US
4. Request from the Health Department for the Conversion and Funding of a "Frozen"
Physician Extender II Position: During the briefing session, Health Director Campbell advised
that her department had an unfunded or "frozen" Physician Extender II position, and she desired
to convert it into a p.r.n. (pro re nata or as needed) position. Mrs. Campbell said the annual
revenue generated by the p.r.n. physician extender II position was estimated to be $35,643, and
the annual expenditure would be $8,431. She said the board of health approved the request on
October 14, 2004.
5. Request from the Health Department for a Potential Flu Vaccine Fee Revision: (See
briefing minutes for additional information.)
6. Request for Approval of the October 19, 2004 Minutes
----------------------------------------END OF CONSENT AGENDA ------------------------------------
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
(none)
APPOINTMENTS TO BOARDS & COMMISSIONS
Adult Care Community Advisory Committee 4 appointments): No nominations
were submitted, and Commissioner Madison made a Irnotion to postpone the four appointments
until the November 23 meeting.
VOTING: Ayes - 5; Nays - 0.
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BLS
BLS -E
ALSI
ALSI-E
ALS2
SCT
Rural
MILE
Urban
MILE
Refusal
Current Fees
5175.00
$275.00
$205.00
$325.00
$470.00
$555.00
$8.21
$5.47
$140.00
2005 Medicare Projected
Payments
$163.28
$250.00
$191.19
$305.08
$423.73
5493.52
$8.83
$7.36
Regional EMS Average
$341.63
$366.00
$350.50
$389.88
$659.83
$614.60
$6.44
$6.44
$142.50
Fee Recommendations
$275.00
$350.00
$300.00
$350.00
$500.00
$555.00
$9.00
$9.00
$140.00
*All recommended fees (except mileage) are
stance.
still below the regional average to maintain
a conservative
*The mileage fee increase is due to Medicare
changes and the other counties will probably
also increase.
Cost per EMS call estimated FY 04-05
Cost per billable patient estimated FY 04-05
= $383.06
= $510.74
3. Request from the Sheriff's Department for Adoption of a Resolution Allowing a
Retiring Law Enforcement Officer to Purchase his Service Side Arm & Permission for the
Retiree to Retain His Service Badge: This request was approved in conjunction with the
following resolution.
RESOLUTION REGARDING BADGE AND SIDE ARM OF
CHIEF DEPUTY STEVE WALLACE
WHEREAS, Steve Wallace has served as a Chief Deputy in the Iredell County Sheriff's Office
and has, upon his retirement, requested to be permitted to retain his badge and to purchase his service side
arm.
NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners of Iredell County, that
said badge be awarded to Steve Wallace at no cost and that his side arm be sold to him for the sum of One
Dollar ($1.00), in accordance with G.S. 20-187.2.
This the 9th day of November, 2004.
One (1) Glock, 40 Caliber Pistol
Model 22, Serial # ALF305-US
4. Request from the Health Department for the Conversion and Funding of a "Frozen"
Physician Extender II Position: During the briefing session, Health Director Campbell advised
that her department had an unfunded or "frozen" Physician Extender II position, and she desired
to convert it into a p.r.n. (pro re nata or as needed) position. Mrs. Campbell said the annual
revenue generated by the p.r.n. physician extender II position was estimated to be $35,643, and
the annual expenditure would be $8,431. She said the board of health approved the request on
October 14, 2004.
5. Request from the Health Department for a Potential Flu Vaccine Fee Revision: (See
briefing minutes for additional information.)
6. Request for Approval of the October 19, 2004 Minutes
----------------------------------------END OF CONSENT AGENDA ------------------------------------
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
(none)
APPOINTMENTS TO BOARDS & COMMISSIONS
Adult Care Community Advisory Committee 4 appointments): No nominations
were submitted, and Commissioner Madison made a Irnotion to postpone the four appointments
until the November 23 meeting.
VOTING: Ayes - 5; Nays - 0.
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Animal Grievance Committee (1 appointment): No nominations were submitted, and
Commissioner Norman made aFnotio to postpone the appointment until the November 23
meeting.
VOTING: Ayes — 5; Nays — 0.
Nursing Home Advisory Committee (1 appointment): No nominations were
motion
submitted, and Commissioner Williams made a to postpone the appointment until the
November 23 meeting.
VOTING: Ayes — 5; Nays — 0.
Future Forward Economic Alliance (2 appointments): MOTION by Commissioner
Madison to appoint Marvin Norman as the commissioner representative to the Alliance and to
postpone the private sector appointment until the November 23 meeting.
VOTING: Ayes — 5; Nays — 0.
Hazardous Waste & Low Level Radioactive Waste Management Board (1
appointment): MOTIO by Commissioner Norman to postpone this appointment until the
November 23 meeting.
VOTING: Ayes — 5; Nays — 0.
UNFINISHED BUSINESS
Chairman Johnson Speaks Regarding Newspaper Coverage of School Funding
Issues: Chairman Johnson said he appreciated the articles written by the local media
representatives concerning county issues, and he had nothing but respect for the Iredell
Neighbors, the Iredell Citizen, and the Charlotte Observer. He said that in the past, the
representatives from these papers had demonstrated journalistic ethics, and he could always
count on the fact that their editorial positions would not cloud the news reporting. Johnson said
these papers could make an objective and honest determination of the leaders of the county and
the public policy being decided. He said lately, however, he had come to the realization and
made the determination that in regards to the actions of the board of commissioners, particularly
in reference to school funding, that factual reporting on what transpired among the debate of the
board and the Iredell-Statesville School Board, along with subsequent committees, that the
Record & Landmark was no longer a reliable source of news for the people of the county.
Johnson said, "I draw no pleasure from saying this. I can offer no more than what has transpired
during the last week. On Friday, November 5 the Record & Landmark reported that I was in
favor of $140 million worth of debt, and the school plan was workable. As Commissioner
Norman will testify, I never made any such comment. The only part of the plan we have
discussed up to this point is the part of plan that relates to high school expansion and
construction. I said that part of the plan appeared to be workable given the current flow of
revenues. Is that right Mr. Norman?"
Commissioner Norman said, "That is correct." Mr. Norman said the editor of the Record
& Landmark continued to "beat up the commissioners" in the Sunday, November 14 paper in
regards to the matter. Commissioner Norman said, "I hope he (newspaper editor) can someday
get his facts straight."
Chairman Johnson said that in Sunday's edition of the Record & Landmark,
Commissioner Tice and Commissioner Williams were accused of being political cowards in
postponing any agreement with the schools until after the election. Johnson said Tice and
Williams had never seen the recommendation from the joint school task force, because it had not
been completed. Johnson said he would not speculate as to whether the articles were due to
someone being incompetent, lazy or unethical, but the end result was the same. He said the story
was unreliable, it was not based upon facts, and it had no business appearing in the paper.
Johnson said that if the goal of the newspaper was to give an honest presentation of the
proceedings of the political process in the county, then the people were being poorly served by
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the reporting. Johnson said another example was the $124 million school proposal originally
recommended by the Iredell-Statesville Superintendent. He said the Record & Landmark asked
to take a current photograph, and he agreed to do so. Johnson said later a photographer showed
up along with a reporter who talked with him for about 30 to 40 minutes. Johnson said six
reasons were given to the reporter on why the proposal wouldn't work, but when the story
appeared in the newspaper, none of them were listed. Johnson said instead, the article
questioned whether or not he could look at the issue objectively due to having sent his daughter
to private schools. He said this was not an honest presentation of the facts -- it was a purposeful
effort to prejudice the people's view upon a certain political issue. Mr. Johnson said he was not
bitter, but he was disappointed because the people of the county deserved better. He said that he
would like to see honest debate in his hometown newspapers on the facts, but it couldn't happen
when the folks reporting the news allowed their editorial positions to pollute the facts.
Commissioner Madison said, "Ditto."
Congratulations Extended to Commissioner Tice and Commissioner Williams on
their Successful Campaigns for Re -Election to the Board: Chairman Johnson congratulated
Mrs. Tice and Mr. Williams on their re -elections to the board.
Annual Winter Retreat: Finance Director Blumenstein advised that the county
manager had selected Friday, February 18 and Saturday, February 19, 2005, for the winter
planning session. She said the retreat would be held at the Agricultural Resource Center in
Statesville NC. (The board members said they would check their schedules to determine if the
dates were workable.)
Adjournment: MOTION by Chairman Johnson to adjourn the meeting at 9:18 p.m.
(NEXT MEETING: Tuesday, November 23, 2004, 5 & 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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Acting Clerk to the Board
Clerk to the Board