HomeMy WebLinkAboutAugust 2 2005 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
AUGUST 2, 2005
The Iredell County Board of Commissioners met in Regular Session on
Tuesday, August 2, 2005, at 7:00 p.m., in the Iredell County Government Center
(Commissioners' Meeting Room), 200 South Center Street, Statesville, NC.
Present were:
Sara Haire Tice, Chairman
Vice Chairman Godfrey Williams
Steve D. Johnson
Ken Robertson
Marvin Norman
Staff present: County Manager Joel Mashburn, County Attorney Bill Pope,
Deputy County Manager Susan Blumenstein, Planning Supervisor Steve Warren, and
Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Tice.
INVOCATION by Commissioner Robertson.
PLEDGE OF ALLEGIANCE
AGENDA APPROVAL: MOTION by Chairman Tice to approve the agenda
as presented.
VOTING: Ayes — 5; Nays — 0.
Mr. David Meachem, with the Statesville Housing Authority Discusses the
Extension of the Cabarrus/Iredell/Rowan Housing Consortium: Mr. Meachem
said the consortium obtained federal funds that were distributed in the area to help
provide safe and affordable housing, and the Statesville Housing Authority
administered the grant funds for the City of Statesville. He requested approval of a
resolution and agreement to extend the consortium through Federal Fiscal Year 2008.
OTION by Commissioner Norman to approve the following resolution to
continue the Cabarrus/Iredell/Rowan Housing Consortium.
VOTING: Ayes — 5; Nays — 0.
RESOLUTIONAUTHORIZING THE MANAGER OF THE
COUNTY OF IREDELL
TO ENTER INTO A JOINT COOPERATION AGREEMENT EXTENDING
THE CABARRUS/IREDELL/ROWAN HOUSING CONSORTIUM
WHEREAS, the County of Iredell, North Carolina, has determined that the health and
welfare of its jurisdiction may beneft from increasing the availability of safe, affordable and
standard housing; and
WHEREAS, the County of Iredell has determined that providing safe, affordable, and
standard housing will benefit work force productivity and area economic development; and
WHEREAS, a cooperative approach to providing housing in Cabarrus, Iredell and
Rowan counties will avoid duplication of effort and promote more effective delivery of housing
services, and
WHEREAS, a consortium of local governments may be entitled to receive funds from
the U.S. Department of Housing and Urban Development, that they would be unqualified to
receive individually, and
WHEREAS, Title 11 of the Cranston -Gonzalez National Affordable Housing Act makes
provisions whereby units of general local governments may enter into cooperation agreements
and form consortia to undertake or assist in undertakingaffordable housing pursuant to the
HOME Investment Partnership Program; and
WHEREAS, the County of Iredell, North Carolina, along with the other units ofgeneral
local governments, with the City of Concord as the lead entity, desire to form the
Cabarrus/Iredell/Rowan Housing Consortium to undertake or assist in undertaking affordable
housing under Title II of the Cranston -Gonzalez National Affordable Housing Act; and
WHEREAS, Article 20 of Chapter 160A of the North Carolina General Statutes
authorizes units of local government to enter into contracts or agreements with each other in
order to execute any undertaking.
NOW, THEREFORE, BE IT RESOLVED by the County of Iredell that
1. The County of Iredell hereby supports the continuation of the
Cabarrus/Iredell/Rowan Housing Consortium. The Manager of the County of
Iredell is authorized to execute an agreement with the other participating units of
general purpose local government in Cabarrus/Iredell/Rowan counties to sustain
this Consortium; and
2. The Manager is further authorized to sign all contracts, grant agreements,
including certifications, approved by the City Attorney, with the Department of
Housing and Urban Development, the State of North Carolina or other agencies as
may be required to carry out activities of the Consortium.
MOTION by Commissioner Johnson to approve the Joint Cooperation
Agreement for the Home Investment Partnership Act — Home Investment in Affordable
Housing.
VOTING: Ayes — 5; Nays — 0.
CABARRUSIIREDF,LL/ROWAN CONSORTIUM
JOINT COOPERATION AGREEMENT
FOR
HOME INVESTMENT PARTNERSHIP ACT
HOME INVESTMENT IN AFFORDABLE HOUSING
THIS AGREEMENT, entered into this 2"`r day of August 2005, by and between the
unincorporated area of the County of Cabarrus, the unincorporated area of the County of
Iredell, the unincorporated area of the County of Rowan, (herein called the Counties), the
Towns of Mooresville and Davidson, the Cities of Statesville, Salisbury, Kannapolis and the
City of Concord, (herein called the "Lead Entity') and collectively the above Counties, Cities
and Towns are herein known as the "Cooperating Units", said parties to the agreement each
being a general local governmental unit of the State of North Carolina, and is made pursuant to
North Carolina Statutes, Article 20 of Chapter 160A.
WITNESSETH THAT
WHEREAS, Title H of the Cranston -Gonzalez National Affordable Housing Act (herein
called "the Act') makes provisions whereby urban counties may, enter into cooperation
agreements with certain units of local government to undertake or assist in undertaking
affordable housing pursuant to the HOME Investment Partnership Act; and
WHEREAS, it is the desire of the parties that beginning in Fiscal Year 2006, the Lead
Entity act in a representative capacity for all cooperating members oflocal government and
desires that the Lead Entity assume overall responsibility for ensuring that the activities of the
Consortia for the HOME Program are carried out in compliance with the requirements of this
Act.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. The parties agree to cooperate to undertake or to assist in undertaking housing
assistance activities for the HOME Program. The Cooperating Units hereby
authorize the Lead Entity to submit for and receive HOME funding from the United
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States Department of Housing and Urban Development The Lead Entity is
authorized to act in a representative capacity, for all Cooperating Units for the
purposes ol"administering the HOME Program.
2. The Cooperating Units hereby authorize the Lead Entity to establish a local HOME
Investment Trust.fundfor receipt ofHOME.funds and repayments.
3. The Lead Entity and Cooperating Units shall cooperate in the implementation of
the HOME Program and shall cooperate in the preparation of the Consolidated
Plan by providing to the Lead Entity all pertinent and necessary information. The
Cooperating Units shall execute and submit the required certifications, and shall
prepare and submit its plan for monitoring compliance with the Consolidated Plan,
The Lead Entity assumes overall responsibility for ensuring that the Consortium's
HOME Program is carried out in compliance with the requirements of the HOME
Program, including requirements concerning a Consolidated Plan in accordance
with HUD regulations in 24 CFR 91 and 92.
4. The Cooperating Units shall be entitled to a pro rata portion of the HOME funding
for eligible uses under the HOME bill and shall be responsible for meeting the
matching funds requirements. The Consortium Board shall prorate funding to
individual units. Allocations will be based on similar criteria used by HUD to
determine yearly participating jurisdiction funding levels.
5. The Consortium agrees that 15% of all HOME funds received will be set aside fbr
the use of Community Housing Development Organizations (CHDOs) within the
three county consortium. All CHDO's must have a 501 C-3 tax status as required
by federal law.
6. The Consortium Board shall have the right to reallocate funding that a respective
County and/or City, is unable to use due to a Lack of eligible projects or matching
resources. Each County and/or City has twenty jour months to expend the funds
before reallocation.
7. With reference to any program income generated from the HOME funds, federal
regulations shall govern placement of HOME program income into local trust
funds. Individual Consortium members will be responsible for separately
accounting for program income on each Cooperating Unit projects. Program
Income on projects shall be available for use by the individual member on other
approved HOME activities.
8. The Cooperating Units do hereby agree to inform the Lead Entity, in writing, of any
income generated by the expenditure of HOME funds received by the Cooperating
Units.
9. The Cooperating Units and Lead Entity shall affirmatively further fair housing.
10. The Cooperating Units, as parties to the Consortium, agree that they shall direct all
activities, with respect to the Consortium, to the improvement of housing conditions
in the State ojNorth Carolina.
11. Any person shall not construe this agreement to extend a benefit or liability to any
person or entity not a party to this agreement.
12. The Cooperative Units, as parties to the Consortium, agree to defend, indemnify,
and .rave harmless all Cooperating Units, their agents, officers, and employees,
from and against all charges that arise in the manner from, in connection with, or
out of this contract as a result of the acts or omissions of contractors or
subcontractor or anyone directly or indirectly employed by any of them or anyone
for whose acts of any of them may, be liable.
13. The term of this agreement will cover the period necessary to carry out all
activities that will be funded from funds awarded for three federal fiscal years and
the units of general local government which join the Consortium will remain in the
Consortium for this entire period. The qualification period is Federal Fiscal Years
2006-2008. The time for which this agreement remains in effect is until the HOME
funds from each of the Federal Fiscal Years set out above are expended on eligible
activities. No Consortium member may withdraw from the agreement while it
remains in effect.
14. The Cooperating Units and Lead Entity agree that this Cooperation Agreement may
require modification when final regulations on HOME and Consolidated Plan are
provided by the U.S. Department of Housing and Urban Development and will
cooperate in executing a revised or amended written agreement acceptable to all
parties.
15. The Cooperating Units and Lead Entity agree that all members must sign and
approve the addition of new members to the Consortium. Upon approval of'a new
member the Lead Entity shall amend the consortium agreement.
16. The program year start date for the Consortium is July 1, 2006, and all units of
general local government that are members of the Consortium are on the same
program year for Community Development Block Grant (CDBG), HOME
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Investment Partnerships Program (HOME), Emergency Shelter Grants (ESG) and
Housing Opportunities for Persons with AIDS (HOPWA).
IN WITNESS WHEREOF, the Cooperating Units and Lead Entity have executed this Agreement
as of the date first heretofore written.
Counsel for each party does hereby state that this Cooperative Agreement it in
accordance with NCGS 160-A-460-464 inclusive and provides full legal authority for the legal
entities to undertake or assist in undertaking essential community development and housing
assistance in the manner setforth in this agreement.
PUBLIC HEARINGS
Chairman Tice declared the meeting to be in a public hearing.
Consideration of an Economic Development Incentive for Pratt Industries
d/b/a Jet Corr: Economic Developer Jeff McKay said Pratt Industries, known locally
as Jet Corr, was considering the possibility of constructing a new 300,000 sq. ft. facility
and creating 80 new jobs. He said the investment would be approximately $22 million
(10 million in the new building and 12 million in new equipment). McKay said that if
the company chose to proceed, the project should be completed within the next 36
months. He said the facility currently operated out of a 140 sq. ft. facility off Weinig
Street in Statesville, where 100 people were employed in the manufacturing of
corrugated containers. McKay requested approval for the company to participate in the
county's industrial incentive program based on the proposed new investment.
Representatives from the company also attended the meeting, but did not speak.
No one else chose to speak, and Chairman Tice adjourned the hearing.
MOTTO by Commissioner Johnson to approve the economic incentive request
of Pratt Industries d/b/a Jet Corr in the amount of $382,800 (over a five-year period)
based on an investment of $22 million.
VOTING: Ayes — 5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing.
Consideration of Public Comments Regarding the Validity of the following
Proposed General Obligation Bond Orders and the Advisability of Issuing the
Bonds • Order Authorizing $44,630,000 in School Bonds ($36,400,000 for Iredell-
Statesville & $8,230,000 for Mooresville) • Order Authorizing $6,000,000 in
Community College Bonds
The Chairman announced that this was the date and hour fixed by the Board of
Commissioners for the public hearing upon the orders entitled: "ORDER
AUTHORIZING $44,630,000 SCHOOL BONDS" and "ORDER AUTHORIZING
$6,000,000 COMMUNITY COLLEGE BONDS" and that the Board of Commissioners
would immediately hear anyone who might wish to be heard on the questions of the
validity of said orders or either of them or the advisability of issuing said bonds.
No one appeared, either in person or by attorney, to be heard on the questions of
the validity of said orders or the advisability of issuing said bonds except for Woody
Woodard, residing at 105 Stonehouse Drive, Statesville, North Carolina 28625, who
appeared in person and stated education was the key factor, above all others, that would
determine America's global status in the ever changing world and that he supported
whatever method and means necessary to achieve the highest possible level of
educational opportunities, and except Bedford Cannon, a resident of 3214 Barberry
Drive, Statesville, North Carolina 28625, who appeared in person and stressed the
importance of informing the public on what projects were being earmarked for the first
phase, secondly, the importance of sharing a synopsis on what work would be done at
each site, and thirdly, the importance of sharing the anticipated cost of the
improvements at the various sites, and except R.B. Sloan, a resident of 117 Old Post
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Road, Mooresville, North Carolina 28117, who appeared in person and advised that he
was the spokesperson for the "Citizens for a Brighter Future," a group that supported
the bonds due to the county's conservative, affordable and fair approach in the bond
issuance. The Clerk to the Board of Commissioners announced that no written
statement relating to said questions had been received. All of the foregoing statements
were duly considered by the Board of Commissioners.
Thereupon, upon motion of Commissioner Ken Robertson, the order introduced
on July 19, 2005 entitled: "ORDER AUTHORIZING $44,630,000 SCHOOL BONDS"
was read a second time by title and placed upon its adoption. The vote upon the
adoption of said order was as follows:
Ayes: Commissioners Tice, Williams, Johnson, Norman, and Robertson
Noes: 0
Thereupon, upon motio of Commissioner Godfrey Williams, the order
introduced on July 19, 2005 entitled: "ORDER AUTHORIZING $6,000,000
COMMUNITY COLLEGE BONDS" was read a second time by title and placed upon
its adoption. The vote upon the adoption of said order was as follows:
Ayes: Commissioners Tice, Williams, Johnson, Norman, and Robertson
Noes: 0
The Clerk to the Board of Commissioners was thereupon directed to publish
each of said orders, together with the appended statement as required by The Local
Government Bond Act, as amended, once in the Statesville Record & Landmark.
Thereupon Commissioner Marvin Norman introduced the following resolution,
a copy of which had been provided to each Commissioner and which was read by title:
RESOLUTION CALLING A SPECIAL
BOND REFERENDUM
BE IT RESOLVED by the Board of Commissioners for the County of Iredell:
Section 1. A special bond referendum is hereby called to be held between 6:30
A.M. and 7:30 P.M., on Tuesday, October 11, 2005, at which there shall be submitted to
the qualified voters of the County of Iredell the questions contained in the notice of
special bond referendum set forth in Section 3 of this resolution.
Section 2. For said referendum, (i) the regular registration books for elections in
Iredell County shall be used and the registration books, process or records shall be open
for the registration of qualified persons and for public inspection in the manner, under
the conditions and at the times and places as provided in said notice set forth in Section
3 of this resolution, (ii) the judges and other officers of elections appointed by the
Iredell County Board of Elections for the several precincts and voting places in said
County shall be the election officers for such precincts and voting places and (iii) the
precincts and voting places shall be those fixed by the Iredell County Board of Elections
as provided in said notice set forth in Section 3 of this resolution, subject to change as
provided by law. The Iredell County Board of Elections is hereby requested to conduct
said referendum and to take all necessary steps to that end in accordance with the
provisions of this section.
Section 3. The Clerk to the Board of Commissioners shall cause a notice to be
published in The Statesville Record & Landmark once at least fourteen days before
September 16, 2005 (being the last day on which persons may register for said
referendum except as otherwise provided in said notice set forth in Section 3 of this
resolution) and once again not less than seven days before said day, such notice to read
substantially as follows:
NOTICE OF SPECIAL BOND REFERENDUM
IN THE
COUNTY OF IREDELL, NORTH CAROLINA
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A special bond referendum will be held throughout the County of Iredell, North
Carolina, between 6:30 A.M. and 7:30 P.M., on Tuesday, October 11, 2005, at which
there will be submitted to the qualified voters of said County the following questions:
1.
Shall the order adopted on August 2, 2005, authorizing not exceeding
$44,630,000 School Bonds of the County of Iredell, North Carolina,
for the purpose of providing funds, together with any other available
funds, for (i) constructing an elementary school in the Mt. Mourne
area, renovating and expanding N.B. Mills/Monticello Elementary
School, Sharon Elementary School, Troutman Elementary School,
Troutman Middle School, Brawley Middle School, North Iredell
Middle School, Statesville Middle School, West Iredell Middle
School, Lake Norman High School, Statesville High School, North
Iredell High School and West Iredell High School for the Iredell-
Statesville Schools Board of Education, including the acquisition of
necessary land and equipment ($36,400,000), and (ii) erecting
additional school buildings, remodeling, enlarging and reconstructing
existing school buildings, providing necessary utilities and acquiring
necessary land and equipment in order to provide additional school
facilities for the Mooresville Graded School District ($8,230,000), and
authorizing the levy of taxes in an amount sufficient to pay the
principal of and the interest on said bonds, be approved?
2.
Shall the order adopted on August 2, 2005, authorizing not exceeding
$6,000,000 Community College Bonds of the County of Iredell, North
Carolina, for the purpose of providing funds, together with any other
available funds, for expanding and improving the facilities of Mitchell
Community College, including, but not limited to, the construction of
a Student Services Building on the Statesville Campus and an
expansion of the Mooresville Campus, including additional parking
and classroom facilities, and the acquisition of any necessary land,
furnishings and equipment, and authorizing the levy of taxes in an
amount sufficient to pay the principal of and the interest on said
bonds, be approved?
Each of the questions hereinabove set forth contains a statement of the purpose
for which the bonds are authorized by the order referred to in such question.
If said bonds are issued, taxes in an amount sufficient to pay the principal and
interest thereof will be levied upon all taxable property in the County of Iredell.
For said referendum the regular registration books for elections in the County of
Iredell will be used and the registration books, process or records will continue to be
open for the acceptance of registration applications and the registration of qualified
persons from 8:00 A.M. until 5:00 P.M., Monday through Friday of each week, at the
office of the Iredell County Board of Elections, 233 Stockton Street B-1, Statesville,
North Carolina 28677, Telephone (704) 878-3141.
In addition, registration applications may be obtained (i) at any branch of the
Iredell County Library during regular library hours, (ii) at any public school in Iredell
County during regular school hours, (iii) at the municipal offices in the towns of
Harmony, Love Valley, Mooresville and Troutman and in the City of Statesville and
(iv) at various other locations in Iredell County. For information concerning the
addresses of any of the above locations as well as information concerning any other
locations at which registration applications may be obtained, please contact the Iredell
County Board of Elections at its address or telephone number set forth above or through
Iredell County's website at www.co.iredell.nc.us.
Qualified persons may also register at any Drivers License Examining Station
located in the State of North Carolina (the "State") during normal business hours when
applying for, renewing or correcting their drivers licenses.
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Moreover, registration applications will be accepted and qualified persons may
register at every office in the State which accepts claims for benefits under the
Employment Security Law or applications for a program of public assistance under
Article 2 of Chapter 108A or Article 13 of Chapter 130A of the General Statutes of
North Carolina and at every office in the State designated by the State Board of
Elections which accepts applications for State -funded or local government programs
primarily engaged in providing services to persons with disabilities. Such programs
include Medical Assistance, Aid to Families with Dependent Children, Food Stamps,
Women, Infants and Children and programs of the Division of Mental Health and the
Division of Services for the Blind.
Qualified persons may also register by mail on forms to be available at the
above-mentioned places and otherwise as provided in Article 7A of Chapter 163 of the
General Statutes of North Carolina.
Furthermore, certain persons in the armed forces and their spouses, certain
veterans, certain civilians working with the armed forces, and members of the Peace
Corps may register by mail at any time prior to said referendum in the manner provided
in Article 21 of Chapter 163 of the General Statutes of North Carolina and in person at
any time, including the day of said referendum.
Except as otherwise provided in Article 7A of Chapter 163 of the General
Statutes of North Carolina, the last day for new registration of those not now registered
under Iredell County's permanent registration system and who wish to register for said
referendum is Friday, September 16, 2005.
Except as provided above, the last day on which registered voters who have
changed residence from one precinct to another may transfer registration for such
referendum is Friday, September 16, 2005.
Voter registration forms must either be delivered to the Iredell County Board of
Elections Office by 5:00 P.M., Friday, September 16, 2005, or be mailed in an envelope
postmarked by Friday, September 16, 2005.
Any qualified voter of the County who is qualified to vote by absentee ballot in
said special bond referendum may apply to the Iredell County Board of Elections for an
absentee ballot. Any qualified voter who is qualified to vote by military absentee ballot
pursuant to Section 163-245 of the General Statutes of North Carolina may also apply
for an absentee ballot as provided by Section 163-247 of the General Statutes of North
Carolina. Applications for absentee ballots must either be delivered to the office of the
Iredell County Board of Elections by 5:00 P.M., Tuesday, October 4, 2005, or be mailed
to such office in an envelope postmarked by Tuesday, October 4, 2005.
Absentee ballots (other than absentee ballots cast using the "one-stop" voting
procedure) must be received by the Iredell County Board of Elections by 5:00 P.M. on
Monday, October 10, 2005.
Any voter eligible to vote by absentee ballot under G.S. 163-226 may request an
application for an absentee ballot, complete the application and vote under North
Carolina's "one-stop" voting procedure. Such ballot may be cast only at the office of
the Iredell County Board of Elections not earlier than Thursday, September 22, 2005
and not later than 1:00 P.M., Saturday, October 8, 2005.
Persons who are not certain whether they are registered to vote or qualified to
vote by absentee ballot or who desire information concerning the registration process
for said referendum should contact the Iredell County Board of Elections at the office of
said Board mentioned above.
The registration books for elections in Iredell County will be open to inspection
by any registered voter of the County during the normal business hours of the Iredell
County Board of Elections on the days when the office of said Board is open, and such
days are challenge days.
The judges and other officers of elections appointed by the Iredell County Board
of Elections will serve as the election officers for said referendum.
The Iredell County Board of Elections will conduct said referendum.
The precincts and voting places for said referendum, subject to change as
provided by law, are as follows:
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PRECINCT
VOTING PLACE
BA Wesley Chapel Church
579 Weathers Creek Road
Troutman, NC 28166
BE Ebenezer Elementary School
134 Ebenezer Lane
Statesville, NC 28625
CCI Fieldstone Presbyterian Church
804 Fieldstone Road
Mooresville, NC 28117
CC2 Shepherds Fire Dept #1
2014 Charlotte Highway
Mooresville, NC 28115
CC3 War Memorial Building
220 N. Maple Street
Mooresville, NC 28115
CC4 Mooresville Golf Course
800 Golf Course Drive
Mooresville, NC 28115
CD Scotts Elementary School
4743 Taylorsville Highway
Statesville, NC 28625
CH -A Oakdale Baptist Church
585 Mocksville Highway
Statesville, NC 28625
CH -B Chapel Hill Methodist Church
109 Bethesda Road
Statesville, NC 28677
CS Cool Springs Elementary School
1969 Mocksville Highway
Cleveland, NC 27013
DVI -A Lakeshore Elementary School
252 Lakeshore School Road
Mooresville, NC 28117
DVI -B Lake Norman Elementary School
255 Oak Tree Drive
Mooresville, NC 28117
DV2-A Williamson Chapel Church
589 Brawley School Road
Mooresville, NC 28117
DV2-B Mt. Mourne Fire Department
1577 Mecklenburg Highway
Mooresville, NC 28115
EM North Iredell Rescue Squad
1538 Tabor Road
Harmony, NC 28634
FT Troutman Elementary School
220 S. Main Street
Troutman, NC 28166
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PRECINCT VOTING PLACE
NH New Hope Community Center
353 Taylor Springs Road
Union Grove, NC 28689
OL Harmony Fire Dept In Olin
645 Olin Road
Olin, NC 28660
SB Central Elementary School
4083 Wilkesboro Highway
Statesville, NC 28625
SH -A West Iredell Ruritan Club
133 Warrior Drive
Statesville, NC 28625
SH -B Bethlehem Church
607 Bethlehem Road
Statesville, NC 28677
STI East Iredell Elementary School
400 East Elementary Road
Statesville, NC 28677
ST2 Northview Elementary School
625 N. Carolina Avenue
Statesville, NC 28677
ST3 Statesville Civic Center
300 S. Center Street
Statesville, NC 28677
ST4 Wesley Memorial Methodist Church
825 Wesley Drive
Statesville, NC 28677
ST5 N. B. Mills Elementary School
1410 Pearl Street
Statesville, NC 28677
ST6 Shiloh AME Zion Church
1115 Salisbury Road
Statesville, NC 28677
TB Harmony Elementary School
139 Harmony School Road
Harmony, NC 28634
UG Union Grove Fire Department
1869 W. Memorial Highway
Harmony, NC 28634
Alan Carpenter
Chairman of the Iredell County Board of Elections
Jean C. Moore
Clerk to the Board of Commissioners for the
County of Iredell, North Carolina
Section 4. The forms of the questions to be used in the voting machines at said
referendum and in the instructions to absentee voters shall be substantially as follows:
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1.
Shall the order adopted on August 2, 2005, authorizing not exceeding
YES ❑ $44,630,000 School Bonds of the County of Iredell, North Carolina, for
the purpose of providing funds, together with any other available funds,
for (i) constructing an elementary school in the Mt. Mourne area,
renovating and expanding N.B. Mills/Monticello Elementary School,
Sharon Elementary School, Troutman Elementary School, Troutman
Middle School, Brawley Middle School, North Iredell Middle School,
NO ❑ Statesville Middle School, West Iredell Middle School, Lake Norman
High School, Statesville High School, North Iredell High School and
West Iredell High School for the Iredell-Statesville Schools Board of
Education, including the acquisition of necessary land and equipment
($36,400,000), and (ii) erecting additional school buildings, remodeling,
enlarging and reconstructing existing school buildings, providing
necessary utilities and acquiring necessary land and equipment in order to
provide additional school facilities for the Mooresville Graded School
District ($8,230,000), and authorizing the levy of taxes in an amount
sufficient to pay the principal of and the interest on said bonds, be
approved?
........................................................................................................
2.
Shall the order adopted on August 2, 2005, authorizing not exceeding
YES ❑ $6,000,000 Community College Bonds of the County of Iredell, North
Carolina, for the purpose of providing funds, together with any other
available funds, for expanding and improving the facilities of Mitchell
Community College, including, but not limited to, the construction of a
Student Services Building on the Statesville Campus and an expansion of
the Mooresville Campus, including additional parking and classroom
NO ❑ facilities, and the acquisition of any necessary land, furnishings and
equipment, and authorizing the levy of taxes in an amount sufficient to
pay the principal of and the interest on said bonds, be approved?
Section 5. The Clerk to the Board of Commissioners is hereby directed to mail or
deliver a certified copy of this resolution to the Iredell County Board of Elections within three
days after the adoption hereof.
Section 6. This resolution shall take effect upon its passage.
Thereupon, upon motion of Commissioner Norman the foregoing resolution
entitled: "RESOLUTION CALLING A SPECIAL BOND REFERENDUM" was
passed by the following vote:
Ayes: Commissioners Tice, Williams, Johnson, Norman and Robertson.
Noes: 0
Chairman Tice declared the meeting to be in a public hearing.
Rezoning Request; Harko, LLC Property — Case No. 0507-1: From R-20,
Single Family Residential to Highway Business Zoning: Planning Supervisor Steve
Warren described this request and presented the following staff report.
OWNER: Harko, LLC APPLICANT: J. Edwin Hunter
8900 Woodvine Ct. 1602 Davie Ave.
Raleigh, NC 27613 Statesville, NC 28677
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LOCATION: 551 & 547 Tumersburg Highway in Statesville, more
specifically identified as PIN# 4746-43-6439 & 4746-43-3365. Directions:
Highway 21 north, on the left north of Rimmer Road.
REQUESTED ACTION AND CONDITIONS: Rezone the properties from R-
20, Single -Family Residential Zoning District to HB, Highway Business
Zoning District.
PROPOSED USE: Retail and office uses.
SIZE: The total acreage is 3.7 acres.
EXISTING LAND USE: Residential.
SURROUNDING LAND USE: Commercial and Residential.
WATERSHED REGULATIONS: The properties are not located in a
watershed.
TRAFFIC: The capacity for the stretch of Turnersburg Highway, the proposed
access for the property, is 10,500 vehicles per day. In 2003, the estimated daily
traffic count was 7,000 vehicles per day. Re -zoning these properties would
likely increase the traffic along this stretch of Tumersburg Highway. However,
the possible impacts should not bring the road close to the maximum carrying
capacity.
ZONING HISTORY: These properties have been zoned R-20 since County-
wide zoning went into effect in 1990. The property to the north was rezoned in
March 1998 to HB. The properties across Turncrsburg Highway have been
zoned HB since County -wide zoning in 1990. The properties to the south that
are NB -CUD were rezoned in December 2004 with the only condition being to
allow only one egress and ingress on highway 21 for the development.
STAFF COMMENTS: These properties are located in a future commercial
area in the Land Use Plan. The properties to the north and across Tumersburg
Highway are already zoned HB. The area to the south is also proposed for
commercial uses in the Land Use Plan. The zoning district requested and the
proposed uses as stated in the application are consistent with this area.
Therefore, the staff recommends in favor of this rezoning request.
PLANNING BOARD RECOMMENDATION: On July 6, 2005, the Planning
Board unanimously recommended in favor of this rezoning request, by a vote
of 10-0.
Applicant Edwin Hunter announced he was present if anyone had questions. No
one else desired to speak, and Chairman Tice adjourned the public hearing.
MOTTO by Commissioner Johnson to grant the request of Case #0507-1
(Harko, LLC with applicant J. Edwin Hunter) from R-20 Single -Family Residential
Zoning District to HB, Highway Business Zoning District.
VOTING: Ayes — 5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing, and requested all
persons desiring to speak in reference to the conditional uses involved in Case No.
0507-2 to come forward for the administering of the oaths.
Rezoning Request; Ann Lentz, Larry W. Sharpe, & Kenneth A. Watt
Properties; Case No. 0507-2: From R-20 Single Family Residential to Residential
Office Conditional Use Zoning District: Planning Supervisor Steve Warren
described this request and presented the following staff report:
OWNERS: Larry W. Sharpe Ann Lentz Kenneth A. Watt
239 Liberty Hill Rd 1967 Old Wilkesboro Rd 129 Beckham Rd
Statesville, NC 28625 Statesville, NC 28625 Statesville, NC 28625
LOCATION: Wilkesboro Highway at Coachman Loop, more specifically
identified as PIN#s 4727-63-4863, 4727-64-1146, & 4727-54-9468. Directions:
Highway 115 north, on the left between Highway 115 and Coachman Loop.
REQUESTED ACTION AND CONDITIONS: Rezone the properties from R-
20, Single -Family Residential Zoning District to RO-CUD, Residential Office
Conditional Use Zoning District.
Condition submitted by the applicant:
• Screening must be placed along Coachman Loop (which is not
required along road frontage) and must meet the requirements in
Section 12.1 of the Zoning Ordinance (90% opaque).
• PROPOSED USE: Any and all uses within the RO Zoning
District. A contractor's office is currently being proposed for one
of the parcels.
SIZE: The total acreage is 9.7 acres.
EXISTING LAND USE: Vacant
SURROUNDING LAND USE: Residential, commercial, and vacant
WATERSHED REGULATIONS: The properties are located in the South
Yadkin WSIV-PA watershed.
TRAFFIC: The capacity for this stretch of Wilkesboro Highway is 12,000
vehicles per day. In 2003, the estimated daily traffic count was 6,500 vehicles
per day. Rezoning this property would likely increase the traffic along this
stretch of Wilkesboro Highway. However, the possible impacts would not
bring the road close to the maximum carrying capacity.
ZONING HISTORY: These properties have been zoned R-20 since County-
wide zoning went into effect in 1990.
STAFF COMMENTS: The rezoning of these properties to RO-CUD allows for
some lower intensity office and service uses while also allowing residential
uses. The use requested will not generate a lot of additional traffic in the area.
The County Land Use Plan recommends for residential uses, so the RO zoning
still fits within the plan of development. The condition for screening along
Coachman Loop shows that the applicants are concerned with maintaining the
residential character of the neighborhood. Staff recommends for the request
with the following condition:
• No driveway cuts are to be made on Coachman Loop, they
must come off of Highway 115.
PLANNING BOARD RECOMMENDATION: On July 6, 2005, the Planning
Board recommended in favor of this rezoning request as submitted by the
applicant (without the staff's recommended condition), by a vote of 9-1.
Commissioner Johnson said he understood that even though the property
was surrounded by residential properties, that probably no one would desire to
build a home due to having a road in the front and in the back of the site. He said
also, the proposed usage was anticipated to be the least offensive.
Warren said this was a fair assessment. He said that with the roads in the
front and back, the property would not be desirable for a single-family
residence. Mr. Warren said the ordinance allowed for a transitional activity that
might be more compatible with the existing uses.
No one else desired to speak, and Chairman Tice adjourned the hearing.
12
MOTIO by Commissioner Williams, after reviewing the findings of fact and
determining them to be in order, to grant the request of Case #0507-2 from R-20,
Single -Family Residential Zoning District to RO-CUD, Residential Office Conditional
Use Zoning District
VOTING: Ayes — 5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing.
Proposed Amendment to the Iredell County Zoning Ordinance: Article
VIII, Section 8.3, SR4, Two Family, Single Family Attached and Multifamily
Dwellings: Planning Supervisor Steve Warren requested consideration of a zoning
ordinance text amendment relating to duplexes. He said the staff was recommending to
restrict the language of SR4 to eliminate the circumstances where duplexes might be
allowed in R-12 and R-20 districts. Warren said R-12 and R-20 districts were supposed
to be strictly devoted to single-family homes. Warren said duplexes would still be
allowed in RA, RU -R, R-8, R -8A, and RO areas. He said the planning board on
July 6, 2005, unanimously recommended in favor of the amendment by a 10-0 vote.
No one else desired to speak, and Chairman Tice adjourned the hearing.
OTION by Commissioner Johnson to amend the ordinance as proposed by the
planning supervisor.
VOTING: Ayes — 5; Nays — 0.
The revisions will be as follows:
ARTICLE VIII. TABLE OF PERMITTED USES AND SPECIAL USES
Section 8.3 Table of Permitted Uses and Special Uses.
(The X designation permitting duplexes in R-20 & R-12 will be removed.)
SR 4 Two Family, Single Family Attached and Multifamily Dwellings
c. An individual multi -family building, two family dwelling or a single series of
attached dwelling units to be located on an individual lot shall be developed in
accordance with the area, yard and height requirements of the district in which located
the same as any other individual building on an individual lot. ProyiaPa that onRU
,
R 20 and R 12 zoning distriet two family dwellings within a subdivision
shall only be permitted on a corner . The conveyance of ground space for single-
family attached units or for common area or similar purposes shall not preclude
development under this subsection. Such conveyances however shall be subject to the
requirements of the Subdivision Ordinance and may be subject to the North Carolina
Unit Ownership Act.
-------------------------------------- CONSENT
OTION by Commissioner Johnson to approve the following ten (10) consent
agenda items.
VOTING: Ayes — 5; Nays- 0.
1. Request from Douglas W. Carrigan for the Release of Zoning and
Subdivision Jurisdiction (Extraterritorial Jurisdiction) to the Town of Mooresville
for Property (55.88 acres) Located on Wiggins Road, east of Mooresville, NC:
During the agenda briefing, Planning Supervisor Warren said Mr. Doug Carrigan had
requested a release of zoning/subdivision jurisdiction to the Town of Mooresville for
property (PIN# 4678-23-8046) adjacent to the town limits. He said the property
13
was designated for residential development in the county's land use plan, and a
developer intended to use the acreage for residential purposes. Warren said the request
met the jurisdictional release criteria, and the Town had already been petitioned for
annexation in June of 2006. Warren recommended approval of the request.
2. Request for Acceptance of the Annual Tax Settlement: The 2004 tax
settlement was accepted as presented by the Tax Collector during the 5:00 p.m.
meeting.
3. Request for Approval of the Annual Tax Orders for the Tax Collector and
the Sheriff: The following orders were approved.
STATE OF NORTH CAROLINA
( ORDER
COUNTY OF IREDELL
TO: THE TAX COLLECTOR OF THE COUNTY OF IREDELL
You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records
filed in the Office of the Tax Assessor and in the tax receipts herewith delivered to you, in the amounts and
from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real
property of the respective taxpayers in the County of Iredell, and this order shall be a full and sufficient
authority to direct, require and enable you to levy on and sell any real or personal property of such taxpayers,
for and on account thereof, in accordance with law.
STATE OF NORTH CAROLINA ( )
( ORDER )
COUNTY OF IREDELL ( )
TO: THE SHERIFF OF THE COUNTY OF IREDELL
You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records
filed in the Office of the Tax Assessor and in the tax receipts herewith delivered to you, in the amounts and
from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real
property of the respective taxpayers in the County of Iredell, and this order shall be a full and sufficient
authority to direct, require and enable you to levy on and sell any real or personal property of such taxpayers,
for and on account thereof, in accordance with law.
4. Request for Approval of a Resolution in Support of House Bill 1779 — A Bill to
be Entitled An Act to Create a Combined Motor Vehicle Registration Renewal and
Property Tax Collection System: See briefing minutes for information regarding the
following resolution that was approved by the board.
RESOLUTION
EXPRESSING SUPPORT TO
HOUSE BILL 1779
"ANA CT TO CREATE A COMBINED MOTOR VEHICLE REGISTRATION RENEWAL
AND PROPERTY TAX COLLECTION SYSTEM"
(Short Title: Property Tax Paid With Vehicle Registration)
WHEREAS, House Bill 1779 is currently pending in the North Carolina General
Assembly; and
WHEREAS, House Bill 1779 is legislation that will increase county tax revenues by
paying the vehicle property tax when the vehicle registration is renewed; and
WHEREAS, House Bill 1779 is legislation that will enhance the financial well being of
Iredell County.
NOW, THEREFORE BE IT RESOLVED, by the Iredell County Board of
Commissioners that a statement be written in support to House Bill 1779 due to the following:
1. To increase the collection of Registered Motor Vehicle Taxes;
2. To improve the equity of motor vehicle valuation across the State;
14
3. To increase the overall efficiency of both vehicle registration and improved
collection of vehicle property tax collections.
BE IT FURTHER RESOLVED, by the Iredell County Board ol"Commissioners that a
plea be made to the county's legislative delegation to also support this legislation and to
request that the legislators actively work to pass the legislation.
5. Request for Approval of the West Iredell Convenience Site Bids with a
Recommendation for the Bid to be Awarded to APAC, the Low Bidder, in the
Amount of $226,455.21: At the briefing session, Purchasing Agent Dean Lail, along
with Solid Waste Director David Lambert, recommended approval of a construction bid
from APAC for the West Iredell Convenience Center. The board accepted the staff
recommendation and awarded the bid to the low bidder (APAC) in the amount of
$226,455.21. All bids received and evaluated are as follows:
Company Name
Bid Amount
APAC
$226,566.21
Statesville, NC
$110,206.20
Bell Construction Co., Inc.
$314,000.00
Statesville, NC
NULIFE Environmental Inc.
Hickory Construction Co., Inc.
$321,700.00
NC
-Hickory,
Streamline, LLC
$278,000.00
Mooresville, NC
1" $97,768 21-30 Days
6. Request for Approval of Bids for a Solid Waste Roll -Off Truck: Purchasing
Agent Dean Lail along with Solid Waste Director David Lambert said at the 5 o'clock
meeting that bids were opened on July 26, 2005 for one roll -off truck. Lambert
recommended for the bid to be awarded to Volvo and GMC Truck Center due to the
following:
-Delivery time (60 to 90 days)
-Staff already has good experience with Volvo roll -offs
-Least number of exceptions to the bid specs
-Parts and warranty readily available in Hickory
-Good recommendations from haulers, etc., not affiliated with any of the bidders
-Only bid recognizing additional quantities addendum in excess of three months
(Solid Waste does intend to purchase another truck later in the year. This is
important due to model year increases and steel surcharges.
Lambert said Freightliner and Tar Heel Sterling offered lower bids but they were
not recommended. He said Freightliner had a lengthier delivery time, and this might
pose a problem due to the needs of the new West Iredell Convenience Center. Lambert
said another reason was because Freightliner was offering an aluminum cab versus the
steel listed in the specifications. In regards to his opposition on Tar Heel Sterling's
vehicle, Lambert said the front axle was rated at 18,000 lbs. versus the 20,000 as
requested in the specs, plus a different transmission was offered (2005 model rather
than 2006 as requested in specifications.)
All bids received and evaluated are as follows:
Company
Additional Quantities
Bid Price
Carolina Truck Centers
No
$110,206.20
Statesville,NC
90-120 days
NULIFE Environmental Inc.
Yes
1 ' $115,829 60-150 Days
Easley, SC
2"d $106,750 90-150 Days
Tar Heel Sterling Truck
No
1" $97,768 21-30 Days
Charlotte, NC
2"d $98,613 30 Days
Volvo Truck Center
Yes
1s` $103,139 60-90 Days
Hickory, NC
2nd $103,525 60-90 Days
West Carolina Freightliner
No
1" $97,572 150 Days
Hickory, NC
2nd $99,552 Da s not Specified
Whites International
Yes
$106,477.75 80 Days
15
The board members awarded the bid to Volvo Truck Center. In addition, during
the agenda briefing, the board members were in consensus to allow Mr. Lambert to
discuss a hoist with the company.
7. Request for Approval of a Radio Tower Site Lease with CLLB Investments,
LLC: At the agenda briefing, Communications Director David Martin requested
approval of a lease for a tower located on Hwy. 21 North and being north of James Farm
Road in Statesville, NC. Martin said the future radio simulcast system needed a radio
microwave link between the communications center on Water Street to the Olin tower
site. He said currently, a direct path was not available to Olin, and the tower on Hwy. 21
would remedy the situation. Martin said the lease with CLLB Investments would be
$200 a month, initially, with a maximum increase of five percent a year. He said funding
had been budgeted for the lease costs.
8. Request for Approval of the Annual Forestry Agreement with the NC
Department of Environment and Natural Resources: County Manager Mashburn
said during the briefing session that funding was annually budgeted for forestry
services. He said the total cost for FY 05-06 was $105,376.00; however, the county
only paid $42,150.00 or 40%.
9. Request for Discussion/Action Regarding a Joint Resolution with the Iredell-
Statesville and Mooresville Boards of Education Pertaining to the Distribution of
Proceeds from any Statewide Public School Facilities Bonds: At the briefing
session, County Manager Mashburn said the board on April 19, 2005, directed the
county staff and the Iredell-Statesville School staff to draft a resolution requesting that
proceeds received from a statewide bond for school construction be distributed on an
average daily membership (ADM) basis. He said that as requested, a resolution, as
follows, had been drafted.
JOINT RESOLUTION OF THE
IREDELL COUNTY BOARD OF COMMISSIONERS
BOARDS OF EDUCATION
WHEREAS, Iredell County is one of the fastest growing counties in North Carolina; and
WHEREAS, growth places a strain on infrastructure needs such as cducation facilities; and
WHEREAS, the Governor and General Assembly have implemented educational programs such
as class size that require additional educational space, and
WHEREAS, the State of North Carolina has previously approved bonds for public schools and
universities; and
WHEREAS, the distribution of such finds has not recognized growth issues; and
WHEREAS, the distribution of education funds from the General Assembly has,focused on
unequal distribution to low wealth and rural school systems; and
WHEREAS, the Governor and General Assembly have proposed a statewide lottery with a
portion ofthe proceeds to be utilized for school jacilities; and
WHEREAS, certain portions of state sales tax and corporate tax are used to fund school
facilities; and
WHEREAS, education is a vital component of the economic development of Iredell County and
North Carolina.
NOW THEREFORE BE IT RESOLVED THAT:
The Iredell County Board of Commissioners, the Iredell-Statesville Board of Education, and the
Mooresville Graded Board of Education encourage the members of the Iredell County Legislative
Delegation to sponsor legislation promoting a statewide public school facilities bond; and
The collective boards encourage the members of the Iredell County delegation to sponsor
legislation that ensures all proceeds from such bond and other statewide educational facilities finds be
distributed with a formula that recognizes growth and Average Daily Membership (ADM) of the public
school systems in North Carolina.
16
10. Request for Approval of the July 19, 2005 Minutes
----------------------------------END OF CONSENT AGENDA ---------------------------------
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS &
COMMISSIONS
Nursing Home Advisory Board (1 announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Adult Care Home Communitv Advisory Committee (7 appointments):
Commissioner Norman nominated Juanita Allen for a reappointment.
No other nominations were submitted, and Chairman Tice made aotio to (1)
close the nominations (2) appoint Allen by acclamation, and (3) postpone the remaining
six appointments until the August 16 meeting.
VOTING: Ayes — 5; Nays — 0.
Juvenile Crime Prevention Council 1 appointment): No nominations were
submitted, and Chairman Tice made a motio to postpone the appointment until the
August 16 meeting.
VOTING: Ayes — 5; Nays — 0.
NursinU Home Advisory Committee 1 appointment): No nominations were
submitted, and Chairman Tice made a motio to postpone the appointment until the
August 16 meeting.
VOTING: Ayes — 5; Nays — 0.
Region F Aging Advisory Committee (2 appointments): No nominations were
submitted, and Chairman Tice made a motion to postpone the two appointments until the
August 16 meeting.
VOTING: Ayes — 5; Nays — 0.
COUNTY MANAGER'S REPORT: The county manager distributed a memo
prepared by the support services director that gave an update on construction projects.
ADJOURNMENT: Chairman Tice adjourned the meeting at 8:00 p.m.
(NEXT MEETING: Tuesday, August 16, 2005, 5:00 p.m. and 7:00 p.m., in the Iredell
County Government Center, 200 South Center Street, Statesville, NC.)
Approved:
17
Clerk to the Board