HomeMy WebLinkAboutDecember 20 2005 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
DECEMBER 20 2005
The Iredell County Board of Commissioners met in Regular Session on
Tuesday, December 20, 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 Johnson
Marvin Norman
Absent: Ken Robertson
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 Johnson.
PLEDGE OF ALLEGIANCE
ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to adjust
the agenda by the following action.
Deletion: • Removal of the Public Hearing listed on the Agenda in Conjunction with a Zoning
Ordinance Amendment for Signs (Section 1 1.16). (The hearing was held for
public comment and adjourned on December 6, 2005.)
VOTING: Ayes — 4; Nays — 0.
ADMINISTRATIVE MATTERS
Consideration of a Proposed Amendment to the Iredell County Zoning
Ordinance Section 11.16 - Signs Permitted Without a Permit: Planning Supervisor
Warren said this proposed amendment was a "follow-up" from the county attorney in
response to ground signs for a volunteer fire department. He said the staff had studied
the matter and proposed a zoning ordinance text amendment that would classify
volunteer fire departments (VFDs) in the same category as governmental signs. Warren
added that governmental signs did not require a permit. He said these agencies would
also be relieved of the general requirement of a 10' setback from the edge of the right
away for ground signs. Warren said the signs needing to comply with the ordinance
would be general private commercial signage. He said the planning board had denied
passage of the amendment due to the belief that it was unfair to require a private entity
to meet a 10' sign setback and not others. He said there were two purposes for a sign
setback, and these were esthetics and safety. Warren said visibility for the motorist
was also important, and in terms of a governmental agency, location or prominence was
especially important. Warren said it would appear that public safety entities might be
given some special privileges.
Commissioner Johnson said the board had two alternatives: (1) choose not to
accept/approve the amendment, and if this occurred, the staff would be expected to
carry out the ordinance and (2) adopt the ordinance to end the possibility of litigation.
He said the staff had discovered case law that indicated the county might have problems
prevailing in a lawsuit. Johnson asked County Attorney Pope if this was an accurate
summation.
Pope said the case (Rauseo v. New Hanover County) had been reviewed, and he
felt the county would have some difficulty prevailing in a legal challenge if the
ordinance was enforced as currently written.
Chairman Tice asked if anyone wanted to make a motion on the matter. She
mentioned that if a motion wasn't offered, the amendment request would fail.
Attorney Pope agreed with Chairman Tice, but he said another option might be
to amend the ordinance to make it clear that volunteer fire departments and other
governmental agencies were not exempt from the provisions of the ordinance. Pope
indicated, however, case law interpreted VFDs as being exempt. He said the board had
the authority to do this, but it wouldn't affect the outcome of this particular case. Mr.
Pope said it would, however, serve as guidance for future cases. He said that only the
courts could answer the question regarding the sign erected by the Shepherd's VFD.
Commissioner Johnson said he understood the frustration of the people serving
on boards and committees who were making recommendations and rendering opinions
on the decisions the commissioners had to make. He said the board members (planning
board/board of adjustment) received little compensation for the large amount of work
they performed. Johnson said it wasn't new territory for the commissioners to
reconsider sign ordinances. He said the usage of signs had been reviewed twice since
he had been on the board, and he felt that at the county level, the board of
commissioners was the sole legislative body. He said counsel had already told the
board members that if litigation occurred, if was doubtful the county would win.
Additionally, Mr. Johnson said the Shepherd's VFD sign wasn't "hurting anything" at
its present location.
MOTION by Commissioner Johnson to approve the ordinance amendment as
presented by the staff.
Commissioner Williams said he wanted to speak about the changes to the
ordinance. He said the current sign ordinance was restrictive, and it was burdensome on
churches, small businesses, and ordinary people. He said during his commissioner
terms, two different churches, and a body shop had brought their signage concerns to
him. Mr. Williams said he felt the Shepherd's sign was attractive, and he didn't feel it
was offensive. He said it was his desire to reduce the restrictions placed on citizens
rather than increasing them. Williams said that if anyone made a motion to rescind the
sign ordinance, as it was now written, he would probably vote for the action. He said
however, this wasn't what was being studied. Williams said the question up for a vote
was to amend the sign ordinance and to allow local government to vote itself loop holes
that would allow the placement of signs in locations where everyday citizens couldn't
place them. Mr. Williams said many people had a low perception of government, and
they considered governments to be self-serving. He said it would be a slap in the face
to the citizens of Iredell County if things were done for the government that couldn't be
done for the ordinary person.
Commissioner Johnson said he recalled where one entity under the umbrella of
the county erected a sign that was out of compliance. He said the sign was later
removed. Johnson said this showed the government wasn't being allowed to operate
under more lax conditions than the private sector. Johnson said he had the opinion the
sign ordinance was flawed.
Chairman Tice said everyone was subject to obeying the county ordinances.
She referred to a newspaper article that quoted the staff as saying the ordinance was
being changed to permit the Shepherd's VFD to leave its sign, as now erected, even
though the fire department officials had received a letter from the county's attorney
indicating the VFD was in violation of the sign ordinance. She said the VFD had
rejected the request, and she didn't believe the county ordinance should be
reconstructed to take care of one entity that did not obey the rules and ignored the
instructions from the county's legal counsel. Tice said the county had to be fair, and
2
she didn't feel the ordinance should be changed just for the convenience of the board of
commissioners.
Commissioner Johnson said he wasn't suggesting that the ordinance be crafted
to meet the needs of one organization. He said, however, the amendment might prevent
some other nonprofit organization, that provided a good service to the county, from
being involved in litigation.
Commissioner Williams said a sign at New Prospect Baptist Church was moved,
but not because it was in the way. He said the ordinance was changed, but the church
moved the sign anyway. Williams said there was a difference in this particular case,
because everyone across the county benefited. He said in Shepherd's case, not
everyone would benefit. Mr. Williams defended the private sector, and said this was
the group paying the taxes for the government to keep running.
Chairman Tice noted the Board of Adjustment's Rules of Procedure and said
they weren't followed by the fire department. She said that when the Board of
Adjustment made a variance denial, the next step was to appeal to Superior Court. Tice
said this procedure was not followed. She said the Rules did not offer the option for the
board of commissioners to amend an ordinance.
Commissioner Norman said he would follow the county attorney's advice
regarding the ordinance amendment and the fire department sign.
VOTING: Ayes — 2 (Johnson/Norman); Nays — 2 (Tice/Williams)
(Due to no majority, the motion failed to amend the sign ordinance.)
Chairman Tice asked Mr. Pope to briefly review his previous suggestion
regarding a different type of amendment.
Pope said something could be written in Section 11.6 that said, "provided the
signs of volunteer fire departments and other government agencies shall not be exempt
from the provisions of Section 1 1.16."
OTION by Chairman Tice to amend the zoning ordinance as was indicated
by Attorney Pope (change to read "provided the signs of volunteer fire departments and
other government agencies shall not be exempt from the provisions of Section 11.16").
Commissioner Williams said he preferred not to vote on the revision since it had
only been proposed during the meeting. In addition, he mentioned that Commissioner
Robertson was absent. He requested to delay any further action until a future meeting.
Chairman Tice then withdrew her motion. She said the staff needed instruction
on how to proceed with the ordinance and the fire department.
Commissioner Johnson said his interpretation of the proceedings was that the
fire department needed to comply with the ordinance.
County Manager Mashburn asked for a motion to provide clarification for the
staff on how to deal with the Shepherd's VFD sign.
MOTION by Chairman Tice for the staff to proceed, as necessary, in obtaining
compliance with the Iredell County Zoning Ordinance from the Shepherd's Volunteer
Fire Department.
VOTING: Ayes — 1 (Tice); Nays — 3
Mashburn said nothing was clear on how the staff should proceed. He said
some direction was needed.
Commissioner Williams asked Mr. Mashburn want he specifically wanted.
3
Mashburn said the county's attorney had rendered an opinion as to whether or
not the county had adequate legal standing to enforce the ordinance pertaining to the
sign erected by the Shepherds VFD. He said the attorney's review of a North Carolina
court case indicated there was a strong possibility of failure in trying to enforce the
ordinance. He said there had been a 2-2 commissioners' vote on the matter, and this
didn't give him any clear direction Mashburn asked for specific directions on what
action to take with the Shepherd's VFD sign.
OTIO by Commissioner Johnson to postpone staff direction until the next
meeting (January 3, 2006).
Ayes — 4; Nays — 0.
(This will be under unfinished business.)
---------------------------------------------CONSENT AGENDA ----------------------------------
items.
MOTION by Chairman Tice to approve the following ten consent agenda
VOTING: Ayes — 4; Nays — 0.
1. Request from Twin Oaks Golf Development, LLC for the Release of Zoning
Jurisdiction to the City of Statesville for Property Located on Twin Oaks Road,
East of Statesville (PIN#s 4754-71-7787;4754-62-6895;4754-62-6670 & 4754-62-
6250): During the briefing session, Planning Supervisor Steve Warren requested the
release of zoning jurisdiction for 184 acres owned by the Twin Oaks Golf
Development. He said a residential development (golf community) was planned for
the property, and on August 15, 2005, the City of Statesville approved the extension of
utilities. He said the request met release criteria, and the planning staff recommended
approval.
(See briefing minutes for additional information.)
2. Request from the Elections Department for Permission to Apply for "Help
America Vote Act" (HAVA) Funds to be used for Existing Voting System
Upgrades & to Purchase Accessible Voting Equipment for each Precinct and the
One Stop Site: During the briefing session, Finance Director Blumenstein said the
county was eligible for $405,661 in HAVA grant funds. She said state law changes
would necessitate voting equipment improvements, but no county funds would be
needed.
3. Request for Approval of the November 2005 Refunds and Releases: Finance
Director Blumenstein requested approval of the following refunds/releases during the
agenda briefing.
NOVEMEBER
2005 TAX RELEASES & REFUNDS
Releases
Refunds
16,407.56
43.94
-County
Solid Waste Fees
78.00
0
East Alexander Co. Fire #1
1.59
0
Shepherd's Fire # 2
88.81
0
Mount Mourne Fire # 3
75.68
0
All County Fire # 4
845.71
0
Statesville City
1,180.90
0
Statesville Downtown
17.95
0
Mooresville Town
6,369.94
49.49
Mooresville Downtown
0
0
Mooresville School
806.03
13.64
4
Love Valley
0 0
Harmony
0 0
Troutman
120.23 0
Total
25,992.40 107.07
A complete list, of the individual tax releases and refunds, is hereby incorporated
into the minutes by reference.
4. Request from the Health Department for Approval to Apply for Public Health
Preparedness Grant Funds ($2,282): At the briefing session, Health Director Donna
Campbell requested permission to use $2,282 in grant funds for the relocation of the
Disaster Response Trailer from Mooresville to Statesville. The following relocation
costs were submitted: fencing $1,512; gate $600; lock $20; and trailer hitch
receiving/wiring $150.
5. Request from the Health Department for Approval of Budget Amendment
#21 for the Usage of Medicaid Maximization Funds ($4,789) for Building
Renovations: During the 5 p.m. meeting, Health Director Campbell said a portion of
Hwy. 21 building would be vacant when social services relocated to the new Eastside
Drive facility. She said mental health had requested additional space and was willing to
pay for the renovation costs ($8,000). Campbell said that due to mental health
providing many after -hour services some security measures needed to be taken. She
asked for permission to use $4,789 in Medicaid Maximization funds for the following:
$2,600 Programmable locking devices for four doors and a gate
$1,050 Corridor B905 to be "walled off' along with duct work for heating/air conditioning
$1,139 Relocation of Phone System Wiring
In addition, Campbell said the mental health lease would be amended to include
the additional square footage being used by the providers.
6. Request from the Health Department for Approval of Budget Amendment
#22 to Accept Additional TANF Grant Funds ($4,946): Health Director Campbell
said at the briefing session that an additional $4,946 in Temporary Assistance for Needy
Families had been received, and she proposed for the money to be used to purchase
Depo-Provera Birth Control Injections.
7. Request from the Sheriff's Department for Approval of a Resolution
Authorizing the Award of Service Badges & the Sale of Sidearms to Jeff Coggins
& Bill Stamey: During the briefing session, Purchasing Agent Dean Lail requested
that the following resolution be approved to allow two former deputies to purchase their
service sidearms and to retain their badges.
Resolution Regarding the Badges and Sidearms of
Deputies Jeff Coggins and Bill Stamey
WHEREAS, Jeff Coggins and Bill Stamey served in the Iredell County Sheriff's OJJice,
and have, upon the occasion of their respective retirements, requested that they be permitted to
retain their badges and to purchase their service sidearms.
NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners of Iredell
County, that said badges be awarded to Deputies Coggins and Stamey, at no charge, and that
each be allowed to purchase his sidearm for the sum of One Dollar ($1.00), as provided by G.S.
20-187.2
Two (2) Glock 40 Caliber
Serial # FUR 483
Serial #ALF268
8. Request from the Veterans Department for Approval of a Letter of
Condolence & a Proclamation of Support for the Citizen Soldier Support
Program: At the briefing session, Veterans Service Officer Brad Stroud said the
county had no official policy acknowledging the death of military service member who
died while on active duty. He submitted a draft letter of condolence for approval by
5
the board. Stroud said his office had contacted area funeral homes, along with the
military casualty offices, requesting to be notified if a service member from Iredell
County died. He said that when his office was notified, the clerk to the board would be
requested to prepare the condolence letter.
Mr. Stroud also requested permission of the following proclamation in support
for the Citizen Soldier Support Program.
Proclamation for the
Citizen Soldier Support Program
WHEREAS, our country's security depends on the readiness and retention of the men
and women of the United States Armed Forces, a total force comprised of active, National
Guard, and reserve personnel; and
WHEREAS, our military personnel, their families and loved ones face unique and
pressing challenges through every state of the deployment cycle; and
WHEREAS, those challenges should be met with support and recognition from the
civilian communities.
NOW, THEREFORE, the Iredell County Board of Commissioners, in conjunction with
the Citizen Soldier Support Program, proclaims May 20, 2006, as Military Family Appreciation
Day in the Iredell County; and
BE IT FURTHER PROCLAIMED, that the Iredell County Board of Commissioners
encourages Iredell County citizens to recognize and appreciate the extraordinary sacrifices
made by our nation's military personnel, and the families they leave behind, for the services
being provided to ensure our freedom and to preserve our quality of life.
9. Request for Approval of a Lease Agreement (Renewal) with Craig Wagoner
for Agricultural Property on Bristol Drive & Permission for the County Manager
to be Authorized to Enter into Lease Contracts on Behalf of the County in the
Future (Limited to real property leases with terms not exceeding 12 months): Finance
Director Blumenstein, at the 5 o'clock meeting, requested renewal of this lease that will
extend from January 1, 2006 through December 31, 2006. The tenant will pay $200
annually for the property's usage.
Note: In conjunction with this lease renewal, the county manager was given authority
to enter into real property lease contracts having terms not exceeding 12 months.
10. Request for Approval of the December 6, 2005 Minutes
-------------------------------------END OF CONSENT AGENDA -----------------------------
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS
COMMISSIONS
Equalization & Review Board (6 announcements)
Juvenile Crime Prevention Council (1 announcement)
Centralina Economic Development Commission (1 or 2 members needed)
APPOINTMENTS TO BOARDS & COMMISSIONS
Animal Grievance Committee(I a pointment): No nominations were
submitted, and Chairman Tice made a motion to postpone the appointment until the
January 3 meeting.
VOTING: Ayes — 4; Nays — 0.
6
Adult Care Home Community Advisory Committee 5 appointments): No
nominations were submitted, and Chairman Tice made a mono to postpone the five
appointments until the January 3 meeting.
VOTING: Ayes — 4; Nays — 0.
Nursing Home Advisory Committee (2 appointments): No nominations
were submitted, and Commissioner Norman made a notion to postpone the two
appointments until the January 3 meeting.
VOTING: Ayes — 4; Nays — 0.
Purchase of Development Rights Technical Review Committee (7
appointments): Commissioner Norman nominated Danny Allen and Bobbie Williams to
represent the Farmland Preservation Board, Wade Carrigan as the representative for the
Soil & Water Conservation District Board, Doug Madison as the representative for the
development community, Andy Gray and Richard Renegar as at -large representatives, and
Ken Vaughn to represent the County Extension Director's Office.
No other nominations were submitted, and Chairman Tice made a mono to close
the nominations and appoint Allen, Williams, Carrigan, Madison, Gray, Renegar, and
Vaughn by acclamation.
VOTING: Ayes — 4; Nays- 0.
I -CARE Board of Directors (2 appointments): Commissioner Norman
nominated Don Wall to represent Iredell County and Darlene Tucker to represent the
Town of Troutman.
No other nominations were submitted, and Chairman Tice made a motion to
appoint Wall and Tucker by acclamation.
VOTING: Ayes — 4; Nays — 0.
Community Advisory Program for Disabled Adults (CAP -DA) (6
appointments): Commissioner Williams nominated Wendy Werts-Ivey, Tracie Hill,
Carolyn Lamb, Leigh Darty, Ashley Drum and Renae Karriker.
No other nominations were submitted, and Chairman Tice made a �motiion to
appoint Werts-Ivey, Hill, Lamb, Darty, Drum, and Karriker by acclamation.
VOTING: Ayes — 4; Nays — 0.
Criminal Justice Partnership Program (CJPP) (9 appointments):
Commissioner Norman nominated Steve Johnson, Rena Turner, Joe Crosswhite,
Phil Redmond, George Pettigrew, Jerry Moore, and Gene Houpe.
No other nominations were submitted, and Chairman Tice made a motion to (1)
appoint Johnson, Turner, Crosswhite, Redmond, Pettigrew, Moore, and Houpe by
acclamation and (2) to postpone the remaining two appointments until the January 3
meeting.
VOTING: Ayes — 4; Nays - 0.
Note: Commissioner Johnson requested as much notice as possible for the CJPP meetings. He
said sometimes notification was only received a couple of days prior to the meetings, and many
times there were scheduling conflicts. Ile requested that the clerk to the board share the request
with the CJPP Coordinator (Pam Navey, Appropriate Punishment Options).
7
Local Emergency Planning Committee (6 appointments): Commissioner
Williams nominated Evelyn Clarke (Emergency Mgt.), Ken Vaughn (Agriculture
Advisor), Mike James (Iredell-Statesville Schools), Steve Young (Mooresville Schools)
Stephen Gay (Private Schools) and Bradley Brook (Lake Norman Regional Medical
Center).
No other nominations were submitted, and Chairman Tice made a umfion to
appoint Clarke, Vaughn, James, Young, Gay, and Brook by acclamation.
VOTING: Ayes — 4; Nays — 0.
PUBLIC COMMENT PERIOD: A public comment period was offered, but no
one chose to speak.
NEW BUSINESS: Commissioner Johnson shared information on the following
two items.
A resolution was recently adopted by Alexander County indicating that between
1990 and 2005, $3,220,093,723 had been taken out of the North Carolina Highway
Trust Fund and used to balance the state budget. Johnson said the state was now
proposing to raise the gasoline tax. He said that at the present time, only California
and Hawaii had higher gasoline taxes than North Carolina. Johnson said North
Carolina didn't have a lack of a tax problem, but what it had, was a mismanagement
problem. Johnson said the additional money would not go to improve roads, but
rather, it would be used to pay for social welfare programs out of the general fund.
2. A letter of appreciation from the Iredell County Rescue Squad was shared. (The
squad expressed appreciation for the new funding formula.)
COUNTY MANAGER'S REPORT: The county manager distributed a written
activity report and commented on the following three items.
A thank you letter was received from Jeff McKay (former director of the Greater
Statesville Development Corporation) for the county's past support and assistance.
2 At a previous board meeting, a question was raised about the number of tires a
homeowner could take to the landfill. He said Subsection F, in the state
regulations, did not apply to tires for disposal in quantities of five or less by
someone other than a tire collector, processor, or tire hauler.
Commissioner Johnson asked if the fine, for illegal tire dumping, was regulated by
the state. (The county manager said he would research the matter and share the
information with Johnson.)
3. In regards to the upcoming Winter Planning Session, Mashburn said a review of the
noise ordinance and nuisance rules, along with health insurance, minimum housing
regulations, voting centers (south and north Iredell) and a review of certification
incentives would be discussed. He requested that if the board members wanted
other items to be discussed to let him know. (Spreadsheets for finances and capital
needs will also be presented.)
ADJOURNMENT: There being no further business, Chairman Tice made a
otion at 8 P.M. to adjourn the meeting. (NEXT MEETING: January 3, 2006, at 5
P.M. and 7 P.M, in the Iredell County Government Center, 200 South Center Street,
Statesville, NC.
VOTING: Ayes — 4; Nays — 0.
Approved:
8
Clerk to the Board