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HomeMy WebLinkAboutApril 5 2005 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES APRIL 5, 2005 The Iredell County Board of Commissioners met in Regular Session on Tuesday, April 5, 2005, at 7:00 p.m., in the Iredell County Government Center (Commissioners' Meeting Room), 200 South Center Street, Statesville, NC. Present were: Chairman Sara Haire Tice Vice Chairman Godfrey Williams Steve D. Johnson Marvin Norman Ken Robertson Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, Planning & Code Enforcement Director Lynn Niblock, Planning Supervisor Steve Warren, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice. INVOCATION by Commissioner Johnson. RECOGNITION OF BOY SCOUT PATRICK MAURO: Boy Scout Patrick Mauro, affiliated with Troop 607 — Concord Presbyterian Church, was recognized as being in attendance at the meeting. PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: OTION by Chairman Tice to approve the following agenda adjustments: Deletions: • Presentation from Members of the Fire Tax District Board Regarding Fire Tax Revenue • Request for Approval of a HVAC Maintenance Contract for the New Library VOTING: Ayes — 5; Nays — 0. PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Recognition of County Retiree Janice W. Dobson: Health Director Donna Campbell expressed appreciation to Retiree Janice W. Dobson for her exemplary work at the health department. Campbell said Dobson, who retired on February 25, 2005, had made a positive impact on many lives in Iredell County. She said Dobson had been employed as a public health nurse at the department for over 20 years, and her presence would be missed. Chairman Tice presented Mrs. Dobson with an appreciation plaque and wished her the very best in retirement. APPOINTMENT BEFORE THE BOARD Request for Approval of a Proclamation Honoring County Employees & Proclaiming April 10-16, 2005, as National County Government Week: Emergency Services Director Tracy Jackson requested approval of a proclamation to commemorate National County Government Week. Jackson, the 2005 coordinator for the event, was accompanied to the meeting by several uniformed employees who represented the many branches of governmental work. MOTTO by Commissioner Norman to approve a proclamation designating April 10-16, 2005 as National County Government Week. VOTING: Ayes — 5; Nays — 0. PROCLAMATION HONORING COUNTY HEROES COUNTY EMPLOYEES SERVE AMERICA County employees patrol our roads, provide ambulance services, keep families healthy, lend reading materials, distribute permits, inspect schools for fire safety, help troubled youth and young adults, answer 9-1-1 calls, help people to cast their votes, provide veterans' services and countless other jobs that deserve recognition. Counties provide public safety and offer medical and human services. Counties provide opportunities for new businesses to prosper, provide job training and technological solutions. Counties provide needed elderly services for grandmothers and grandfathers along with healthcare for the disabled and needy. When natural or man-made disaster strikes, county emergency services keep children and their families safe and informed until order can be restored. Counties provide services that make communities in America stronger and safer places to live and raise families. Counties have a long history of providing critical services. County governments are the citizens' local government voice, providing solutions that bring communities together. In recognition of the leadership, innovation and valuable service being provided by our nation's counties, the Iredell County Board of Commissioners hereby proclaims April 10 — 16, 2005, as National County Government Week. PUBLIC HEARING Chairman Tice declared the meeting to be in a public hearing and requested all persons desiring to speak in regards to the conditional uses of Case No. 0503-1 to proceed to the dais for the administering of the oaths. Rezoning Request; Ronnie D. & Linda Thompson Property, Case No. 0503-1, Request to Amend the Iredell County Land Use Plan & to Rezone Property from Residential Agricultural to Community Business Conditional Use District: Location: 774 Brawley School Road, Mooresville, NC): Planning Supervisor Steve Warren said the applicants, Ronnie and Linda Thompson desired to rezone property for the purpose of establishing a new structure for an existing plumbing business. Warren continued the description of the request by summarizing the staff report; most of which is as follows: CASE NO. 0503-1 OWNERS: Ronnie D & Linda Thompson 772 Brawley School Rd (mailing address) Mooresville, NC 28117-9122 AGENT: George B Moser 119 Barber Loop Mooresville, NC 28117-5900 LOCATION: 774 Brawley School Road, more specifically a portion of PIN 4637915624. Directions: Brawley School Road, the property is on the right between Drye Road and Rescue Road. REQUESTED ACTION AND CONDITIONS: Amend the Land Use Plan and rezone a portion of the property from RA, Residential Agriculture Zoning District to CB -CUD, Community Business — Conditional Use Zoning District. The proposed conditions are: Signage to meet NB requirements Shared parking and driveway access for all new uses since 2001. 2 • Outside storage of materials to be visually screened from the road to 90% opaque. • The following uses are not allowed: Automobile and truck dealers (new and used) Automobile repair and service Limit building supply dealers to only specialty shops Dance halls Night clubs Indoor shooting ranges Bus stations Drive-in theaters Private Clubs Mobile Home Sales/service Liquor stores Pawn shops Equipment rentals and leasing Truck and trailer rentals PROPOSED USE: New shop for existing plumbing business SIZE: The area proposed to be rezoned is 2 acres. The total parcel is 11.08 acres. EXISTING LAND USE: Commercial SURROUNDING LAND USE: Residential, commercial, and vacant WATERSHED REGULATIONS: This property is located in the WS -IV -CA watershed on Brawley School Peninsula. 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 6,600 vehicles per day. The widening project for Brawley School Road is planned to start at the intersection of Chuckwood Road and continue to US 21. The planning and design phases of the project area are already under way. Right-of-way acquisitions are proposed to begin this year, and the construction phase is proposed to begin in 2007. ZONING HISTORY: The portion of this property which is zoned CB -CUD was rezoned by the current owners from NB to CB -CUD in 2001, Case #0106- 3. The portion of the property that is zoned CB was rezoned in 1985, Case # 8511-2. STAFF COMMENTS: This property is located in the area studied in the Brawley School Peninsula Small Area Plan. The parcel is designated as both transitional and residential. The Plan states that the transitional area should have land uses that include residential, office, institutional, and service. Amending the Plan, allows for the existing use located in that area of the parcel to be conforming. Presently, there is a septic field, a parking lot, and a 30' required buffer yard. At the time the commercial building was approved the septic field was allowed to be in the residentially zoned area and the buffer yard was not required. The existing uses on this parcel, along with the proposal that the applicant has for this area, is in line with the Plan. The added conditions only benefit the surrounding residential area by not allowing possible objectionable uses. Therefore, staff recommends in favor of this rezoning request. PLANNING BOARD RECOMMENDATION: On March 2, 2005, the Planning Board unanimously recommended to update the Iredell County Land Use Plan and recommended in favor of this rezoning request, both by a vote of 7-0. Ronnie Thompson said the request was basically to expand his plumbing business. George Moser advised that he was in attendance to answer any questions. No one else desired to speak, and Chairman Tice adjourned the hearing. 3 MOTION by Commissioner Williams to amend the Iredell County Land Use Plan in conjunction with Case No. 0503-1 (Ronnie D. & Linda Thompson). Ayes — 5; Nays — 0. MOTION by Commissioner Robertson, after reviewing the findings of fact and determining them to be in order, to rezone the property involved in Case No. 0503-1 (Ronnie D. & Linda Thompson) from Residential Agriculture Zoning to Community Business -Conditional Use District Zoning. VOTING: Ayes — 5; Nays — 0. NOTE: The property being rezoned is at 774 Brawley School Road; however, the Thompson's address is 772 Brawley School Road. Presentation Regarding the Purchase of Development Rights (PDRs) Program: Planning Supervisor Warren said many county properties were in agricultural use, and as such, agriculture was important for the county's economy, heritage, and quality of life. He said there were many threats to agriculture and that from 1997 to 2002, approximately nine percent of the county's farmland had been lost. Warren said the percentage was similar to the state average. He said the usage of farmland for residential purposes was seen by many as being more economically productive; however, a 2002 Land of the Sky Economic Council study indicated that for every dollar generated it cost local government $1.16 to provide services for residential development, compared to only 36 cents for open or working space. Mr. Warren said the planning staff and the Iredell County Farmland Preservation Board had been developing programs to protect farmland and to build upon the voluntary agricultural districts. He said guidelines for the purchase of development rights had been drafted, with the purpose of the initiative to preserve large tracts of land. Warren provided the following description of the PDR program. Iredell County Purchase of Development Rights Purpose The purpose of the Purchase of Development Rights (PDR) program is to preserve large tracts of land for the protection of agriculture and open space. Additionally, the program seeks to safeguard lands in watershed districts and environmentally sensitive areas. For the purpose of agricultural purchase of development rights, the program strives to conserve and protect agricultural lands, maintain sustainable agriculture operations and promote the agricultural heritage and culture of Iredell County. General Information The PDR program protects lands through the acquisition of conservation easements. These easements prevent the development or improvement for any purpose other than agricultural production and conservation. The program is authorized under North Carolina General Statutes § 106-744. All applications meeting the minimum criteria will be ranked based upon the property's characteristics, uniqueness, size, Level of development pressure and location. Additional factors considered may include, but are not limited to, the distribution of acquisitions in the County, the likelihood of protecting adjacent properties and the condition or appearance of the land. A Technical Review Committee will review all applications meeting the minimum criteria and make a recommendation of purchase to the Iredell County Board of Commissioners for final approval. Compensation for development rights will be based upon the determination of the difference between independent market value and the use value. The purchase price will be subject to negotiation. The purchase of development rights is legally binding, restricting the owner and future owners to agricultural uses of the land for a minimum of thirty years. 4 Definitions For the purpose of this document, certain words or terms used herein shall be defined as follows: A. Development rights All rights, title and interests in the use of land for any and all purposes which are not directly and customarily incidental to agricultural or open space uses. B. Applicant A person or entity that is requesting their development rights to be purchased and held by a third party. C. Agricultural Uses Agricultural uses include, but are not limited to, the managed production of crops, trees, horticultural specialties, viticulture, aquaculture, livestock and livestock products. Associated uses allowable are sales and processing necessary and customarily incidental to the agricultural activities. D. Open Space Uses Open space is land used for active and passive recreation, natural resource protection and/or buffer areas. Open spaces may include, but is not limited to lawns, walkways, active recreation areas, playgrounds, wooded areas, greenways and watercourses. Extra Territorial Jurisdiction (ETJ) The area outside of the city or town limits where the zoning ordinances of that particular city or town apply. Typically, the jurisdiction extends 1-2 miles outside of the city/town limits. Urban Service Area (USA) Urban service areas are outside of the city/town limits where a particular jurisdiction plans to extend urban services. E. Farmland Management Plan A farm that is certified by an agricultural agency by which the farm is operated under sound management practices Easement A right, title, and interest in land owned by another person or entity that requires the land owner to comply with a specific uses, limitations and/or restrictions that relates to agriculture and conservation. All easements run with the land regardless of ownership. Land Evaluation and Site Assessment (LESA) LESA is a model used in evaluating agricultural land. It uses a series of ranking criteria for determining the advisability of land use change from agricultural use to a non-agricultural use (usually residential). F. Watershed A region of land that drains into a larger body of water. G. Wetland Defined by the Clean Water Act as "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. H. Floodplain Any land area susceptible to being inundated by floodwaters from any source. L Soil Series The basic unit of soils classification consisting of soils that are essentially alike in all major profile characteristics. J. Subdivision For the intent of these guidelines, the definition of a major subdivision will apply. It is defined as a subdivision where a) new streets or roads are proposed, b) new utilities are proposed to be extended, c) the entire tract to be subdivided is greater than five acres, d) more than ten (10) lots are created after the subdivision is completed. Administration K. The Technical Review Committee is responsible for evaluating and ranking the applications. Additionally, they will make the recommendation for final approval by the Board of Commissioners. L. The Iredell County Planning Department will advise and assist the Technical Review Committee. The Planning Department will review all applications in order to verify the minimum criteria and information for the site assessment. M. The Iredell County Soil and Water Conservation District will provide assistance concerning the evaluations of soils for the Technical Review Committee. Because of varied funding sources, easements maybe held by the Iredell County Soil and Water Conservation District or by other agencies and groups based on approval from the Board of Commissioners. Lands whose development rights have been purchased will be added to the County's GIS (Geographic Information System) maps. Easements The funding source entity that purchases the development rights will determine who holds the easement. In addition to the guidelines set forth in this document, specific restrictions, contents of easement agreements and duration of the easement will be arranged between the funding source entity and the particular landowner. In an instance where Iredell County holds the easement, appropriate sections of North Carolina General Statute § 143 would apply. Guidelines for entering into formal contracts are outlined in that Chapter. Procedure Minimum Criteria Landowners that participate in the Purchase of Development Rights Program will be responsible for meeting the requirements specific to their easement agreement as well as the minimum criteria below. They must abide by the most restrictive of the requirements. The land must be at least fifty (50) acres in size. Lands of less than fifty (50) acres in size that are contiguous to existing PDR tracts will be reviewed on a case-by-case basis. No more than one (1) residential structure per twenty-five (25) acres existing on the parcel is allowed. Must be located in an existing Iredell County Voluntary Farmland Preservation District if in agricultural use. Must be in active agriculture use or open space uses. The land under consideration must have a sound farmland management plan or an approved Soil and Water Conservation Practices Plan in place or have an application in process with the Iredcll County Soil and Water District. Application Procedures Any applicant wishing to sell their development rights must meet the minimum criteria and the applicant must submit a completed application to the Planning Department by Octoberl" of every year for consideration. 6 All applications will stay active for three (3) years. After three (3) years a new application must be submitted in order to be considered for review. If new information becomes available or circumstances change it is the applicant's responsibility to submit the new information for consideration. Ranking Sheet The Technical Review Committee will review applications that meet the minimum criteria. The Committee will evaluate each application using the Farmland Ranking System (Appendix A). The ranking system will be used to prioritize all land seeking sale or donation of their development rights. Site Assessment This section contains eleven (11) questions that evaluate the size, location and other attributes of the land seeking purchase of their development rights. Each factor is assigned a point value based on its relative importance to other factors. Soil Assessment All soils in Iredell County have been rated and placed into groups ranging from the most productive farmland soils to the least productive. Soils are assigned a Soil Group Number. The total acreage of the parcel will be categorized by an appropriate proportion of their Soil Group Numbers. Each Soil Group Number has been assigned a relative value based on its qualities related to farming. This value is applied to the acreage amounts to develop a relative score. Bonus Points Bonus points will be assigned for donation of land. Donated land will be evaluated in conjunction with the land being requested for purchase of development rights. Establishment of the Technical Review Committee The Iredell County Board of Commissioners will appoint the Technical Review Committee. The committee will be comprised of two (2) members from the Farmland Preservation Board, one (1) member from the Soil and Water Conservation District Board, one (1) member from the development community, two (2) members at -large from the farming community and the County Extension Director. Two (2) of the members will serve terms of two (2) years; two (2) of the members will serve terms of three (3) years; and three (3) members will serve a term of four (4) years. After the first terms expire, all members will serve a four-year term. The Iredell County Board of Commissioners will decide how the first terms of office will be distributed. Farmland Preservation Board Chairman Jim Dobson thanked the for the opportunity to explore the PDR program. He said the concept was new to the county and revisions might need to be made in the future. Chairman Tice then read the following PDR resolution. RESOLUTION ADOPTING THE PURCHASE OF DEVELOPMENT RIGHTS AS ADMINISTRATIVE POLICY STANDARDS WHEREAS, the Iredell County Farmland Preservation Board proposes a program known as Purchase of Development Rights (PDR) which aims to preserve large tracts of land for protection of agriculture and open space; and and WHEREAS, the PDR program protects land through the acquisition of conservation easements; 7 WHEREAS, the PDR program is completely voluntary and builds upon the efforts already established in Iredell County through the Voluntary Farmland Preservation Districts; and WHEREAS, the Iredell County Board of Commissioners recognizes the importance of agriculture to the well being of the County economy and the overall well being of its citizenry. NOW, THEREFORE BE IT RESOLVED, that the lredcll County Board of Commissioners adopts by resolution this voluntary program as guidelines. OTION by Commissioner Williams to adopt the Resolution for the Purchase of Development Rights as Administrative Policy Standards. VOTING: Ayes — 5; Nays — 0. Commissioner Williams asked about land that might be in a ten -to -fifteen year conservation program. He asked if this type of land would qualify for the PDR program. Dobson said he couldn't see where there would be any interference. He said, however, an exact answer couldn't be given. Commissioner Johnson said he didn't feel the present use value could ever be harmed; however, he asked Mr. Dobson's opinion. Dobson said he didn't know, but he felt it could enhance the program. Commissioner Johnson said there also seemed to be an interest in the transfer of development rights (TDRs). He said additional state legislation was needed for TDRs, and he would request anyone who might be aware of any future developments to contact a member of the board of commissioners. ---------------------------------------------CONSENT AGENDA --------------------------------- OTIO by Commissioner Johnson to approve the following nine (9) consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. Request for Permission to Apply for the North Carolina Department of Correction's Criminal Justice Partnership Program Grant for the Iredell County Resource Center Administered by Appropriate Punishment Options: The grant award, if approved by the state, will be for $121,929 and will be used for the continuation of the Iredell Resource Center. 2. Denial of a Request from the Lutzel, Gandy & Broadway Law Firm for an Excise Tax Refund of $240 due to Legal Documents being Recorded in the Wrong County: The law firm erroneously recorded legal documents in Iredell County on March 26, 2004. (The materials should have been recorded in Mecklenburg Co.) On March 9, 2005, a letter was received from the firm requesting a $240 excise tax refund. The board chose to deny the request due to the following: a. The statutes stipulate that requests of this type must be made within six months of the tax payment. b. One half of the $240 excise tax has already been forwarded to the state. c. Precedent has already been set regarding requests of this type. (A law firm in 2002, with similar circumstances, was denied a reimbursement.) 3. Request for Approval to Trade-in or Exchange Mapping Equipment (Trimble GPS Unit): Purchasing Agent Dean Lail and GIS Supervisor Lee Anne Owens requested approval, during the briefing session, to trade-in a Trimble GPS unit consisting of a handheld component, receiver, and antenna that no longer worked. They advised that a $1500 trade-in allowance had been given by Trimble, the manufacturer, T s that could be used on accessories for a recently purchased GPS unit, or for future maintenance costs. Lail said he was doubtful the surplus equipment would net $1,500 if sold at the county's annual auction. 4. Request to Call for a Public Hearing on April 19, 2005 Regarding the FY 2005-2006 North Carolina Department of Transportation's Rural Operating Assistance Program: Transportation Director Ben Garrison, at the 5:00 p.m. meeting, requested a public hearing at the April 19 meeting for the purpose of seeking public comments on the Rural Operating Assistance Program. 5. Request to Call for a Public Hearing on April 19, 2005 Regarding the Community Development Block Grant (CDBG) for Scattered Site Housing & Specifically to Close Out the 2002 Portion Used for Administrative Purposes: Finance Director Blumenstein said at the briefing that a Scattered Site Housing grant for $390,000 was received in 2003. She said $10,000 was received in 2002 for the administrative portion of the grant, and it was recommended that this segment be closed out. Blumenstein said a public hearing to seek public comments regarding the grant was needed before the closing documentation for the $10,000 could be submitted to the CDBG offices. 6. Request from the Chief Animal Control Officer for Approval of Budget Amendment #42 to Recognize Revenues Received for Professional Services: During the agenda briefing, Chief Animal Control Officer Robb Tatham requested approval of a budget amendment to recognize revenues received for the Low Cost Spay/Neuter Program and to appropriate the money ($8,740) to professional services. 7. Request for Approval of a Meeting Date(s) & Time(s) to Review the FY 2005- 06 Budget: This item, and the following schedule, were placed on the consent agenda with the understanding that the board reserved the right to revise the dates as needed. BUDGET DELIBERATION SCHEDULE Date Time Location Tuesday. May 24, 2005 5:30 - 9:00 p.m. South Wine Conference Room "Thursday, May 26, 2005 5:30 - 9:00 p.m. South Wing Conference Room Tuesday, May 31, 2004 5:30 - 9:00 p.m. South Wing Conference Room IF NEEDED "Thursday, June 2, 2005 5:30 - 9:00 p.m. South Wing Conference Room Thursda y, June, 9, 2005 5:30 - 9:00 p.m. South Wing Conference Room Tuesday- lune 14, 2005 5:30 -9:00 p.m. South W in E Conference Room Note: Commissioner Norman said he could not meet on June 2 and June 14. 8. Request for a letter to be Sent to Iredell County's Legislative Delegation Regarding Senate Bill 508 "An Act to Exempt from Property Tax the Increase in Value of Real Property Held for Sale by a Builder, to the Extent the Increase Attributable to Subdivision or Improvements by the Builder:" During the briefing session, Tax Administrator Bill Doolittle was requested to draft a letter in opposition to SB 508. Chairman Tice will sign the letter, and it will be sent to the county's legislative delegation. 9. Request for Approval of the March 15, 2005 Minutes END OF CONSENT AGENDA ------------------------- Request for Approval of Budget Amendment #41 in the Amount of $30,000 for Additional Legal Fees: Finance Director Blumenstein said the 04-05 budget included $65,000 for legal fees; however, the costs to date totaled $70,167. She estimated an additional $30,000 would be needed to finish out the current fiscal year, and for this reason, she requested a budget amendment. Mrs. Blumenstein said the $95,000 was paying for the county attorney's fees, the labor attorney's fees, the school mediation fees, and for costs arising out of a zoning litigation case. 9 MOTIO by Commissioner Norman to approve Budget Amendment #41 for $30,000 and for the funds to be derived from contingency and transferred to the legal line item. VOTING: Ayes — 5; Nays — 0. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Adult Care Home Communitv Advisory Committee (2 announcements) Nursing Home Advisory Committee (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Adult Care Home Communitv Advisory Committee 6 appointments): No nominations were submitted, and Chairman Tice lmotione to postpone the six appointments until the April 19 meeting. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee it appointment): No nominations were submitted, and Commissioner Norman motione to postpone the appointment until the April 19 meeting. VOTING: Ayes — 5; Nays — 0. Centralina Workforce Development Board (1 appointment): Commissioner Robertson nominated Tom Neill to fill the unexpired term of Kevin Williamson on the Centralina Workforce Development Board. MOTIO by Chairman Tice to close the nominations and appoint Neill by acclamation. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER'S REPORT County Manager Mashburn updated the board on the following projects: New Social Services Buildine: Concrete pads for first floor have been poured. New Librarv: For the most part, the structure has been completed. There are a few "punch list" items to be worked on. The opening is set for Monday, April 11, and the Open House is Sunday, April 17 (2:30-4:30 p.m.). ECOM Open House: In conjunction with National County Government Week, the communications/91 I department will hold an Open House on Sunday, April 17 . Renovation of "Old" Library Facility: Renovation bids will be opened on May 26, 2005, for the conversion of the former library structure into offices for the tax and mapping departments. CLOSED SESSIONS: Citing Personnel — G.S. 143-318.11 (a) 6, Chairman Tice at 7:55 p.m., made a motio to enter into closed session. VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 8:15 P.M.) ADJOURNMENT: There being no further business, Chairman Tice at 8:15 p.m., made a motion to adjourn the meeting. (NEXT MEETING: Tuesday, April 19, 2005, 5:00 and 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC.) VOTING: Ayes — 5; Nays — 0. APPROVAL: 10 Clerk to the Board