HomeMy WebLinkAboutFebruary 1 2005 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
FEBRUARY 1, 2005
The Iredell County Board of Commissioners met in Regular Session on
Tuesday, February 1, 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, Planner Emily Jackson, Tax Administrator Bill Doolittle, Mapping Supervisor
Lee Anne Owens, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Tice.
INVOCATION by Commissioner Norman.
PLEDGE OF ALLEGIANCE TO THE FLAG
ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to adjust
the agenda by the following actions:
Addition: • Request from the EMS Department for Permission to Submit a $27,475
Health Resources & Services Administration (HRSA) Bioterrorism Grant
Application
Deletion: • Request from Crossroads Behavioral Healthcare for Permission to
Sub -Lease Space at Two Facilities (sites at Turnersburg Road, Statesville
& East Center Avenue, Mooresville) to Telecare Mental Health Services
of North Carolina beginning March 1, 2005 (This request will be discussed at
the 02/15/05 mug.)
VOTING: Ayes — 5; Nays — 0.
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
Proclamation in Celebration of Rotary International's Centennial
Anniversary & to Proclaim Wednesday, February 23, 2005 as Rotary Club Day in
Iredell County: OTION by Chairman Tice to adopt the following proclamation.
VOTING: Ayes — 5; Nays — 0.
Proclamation
In
Celebration of Rotary International's
Centennial Anniversary
WHEREAS, the first Rotary Club was formed with four members on
February 23, 1905, by Attorney Paul P. Harris in Chicago, Illinois; and
WHEREAS, the second Rotary Club was established in San Francisco in 1908; and
WHEREAS, the National Association of Rotary Clubs was founded in 1910 consisting
of 16 clubs; and
WHEREAS, the International Association of Rotary Clubs, later to become Rotary
International, was established in 1912 when clubs were created in Canada and Great Britain;
and
WHEREAS, Rotary International's first club in North Carolina was chartered in
Raleigh on August 1, 1914, becoming the 124" club in the world; and
WHEREAS, Rotary International's first clubs in Iredell County were chartered in
Statesville on May 1, 1921, and in Mooresville on February 1, 1922; and
WHEREAS, by the end of December 2004, Rotary International had evolved into an
organization with over 31,000 clubs and more than 1.2 million members in 166 different
countries; and
WHEREAS, Rotary International is a multi -faceted organization that promotes and
provides civic and humanitarian programs on a worldwide level with over $70 million being
provided in these efforts; and
WHEREAS, Rotary International provides educational and cultural opportunities for
students, teachers and business professionals to meet and work with citizens of other
communities and countries thereby assisting in international relations, conflict resolution, and
the promotion of peace and goodwill. The Rotary Scholarship Program is the world's largest
privately funded international scholarship program awarding over 1,200 scholarships annually;
and
WHEREAS, a key humanitarian program receiving much acclaim has been the
PolioPlus initiative created 20 years ago with a goal to totally eradicate polio on a worldwide
basis. The PolioPlus Program is the largest private -sector contributor to the global polio
eradication effort, and it provides vaccines to children in developing countries, assists health-
care workers in the field, provides training for laboratory workers, along with numerous other
services; and
WHEREAS, over the last century, Rotary Clubs have been in the forefront in providing
a vast array of programs and services to address national and international concerns.
NOW, THEREFORE, the Iredell County Board of Commissioners hereby proclaims
Wednesday, February 23, 2005, as Rotary Club Day in Iredell County and urges all citizens
to recognize the many programs and activities sponsored by the club that improve the human
condition and promote world peace and understanding.
BE IT FURTHER PROCLAIMED that the Iredell County Board of Commissioners
commemorates the 100th Anniversary of the Rotary Club and hereby commends and offers
much praise and thanks to the many club members who have shown through good works and
volunteerism that much can be accomplished.
Attending the meeting to accept the proclamation were Rotary District
Governor -elect Bill Wilson and Larry Reinhardt, the President of the Lake Norman
Rotary Club. Mr. Reinhardt invited the commissioners to a luncheon on February 23 at
the Mooresville Citizens Center (11:45 a.m.) in celebration of Rotary's Centennial
Birthday Celebration.
APPOINTMENTS BEFORE THE BOARD
The James W. Hoffner Family Speaks in Reference to Property Situated at
the Rowan & Iredell County Border: Julie Hoffner, spoke on behalf of her in-laws,
James (Bill) and Ernestine Hoffner, residents of 2035 Mt. Tabor Church Road in
Cleveland, NC. Hoffner said her family had owned property (dairy farm consisting of
213 acres) at the same location for decades. Hoffner said in December of 2004, the
family received a letter indicating that due to the relocation of the Iredell and Rowan
county line, the family needed to start using an address that conformed with Iredell
County's criteria (three digit house number and the road is called Mt. Tabor Road in
Iredell County). She said the dairy barn and other buildings were listed as being in
Rowan County, while the home of her in-laws was listed as being in Iredell County.
Hoffner said the family met with the Rowan County Manager, and he sent a follow up
letter indicating that contact had been made with Iredell County officials, who did not
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wish to re -designate the county lines. Hoffner said the letter indicated that Rowan
County was willing to allow the Hoffner home to be listed within its jurisdiction for tax
and public school purposes. She requested that the Iredell board members relinquish
the residential property to Rowan County.
Chairman Tice said a decision could not be made at the meeting; however, the
board would be in touch with the family. Tice advised that in 1992, Iredell County
officials decided to adopt a county line due to the 911 Emergency Telephone Line
project. She said in 1996 a county line was adopted; however, it wasn't recorded by the
state until 1999.
David Swann, Area Director/CEO of Crossroads Behavioral Healthcare
Presents a Mid -Year Fiscal Report: Mr. Swann briefed the board on Crossroads'
activities during the past six months. Some of the statistics shared are as follows:
Summary of Service Visits for Iredell County 2003-2004
Tvpe
Adults
Children
Total
Clinical office visits
12,056
3,310
15,366
Crisis visits
539
115
654
Evaluations/screenings
781
223
1,004
Rehabilitation services
32,719
17,812
50,531
Residential services
14,808
11,992
26,800
Grand Total
60,903
33,452
94,355
New admissions to Crossroads July 2004 — December 2004
Total = 1,645
Iredell County = 688
Surry County = 649
Yadkin County = 235
Other Counties — 73
In addition to the fiscal report, a copy of a recent needs assessment was
provided.
PUBLIC HEARINGS
Chairman Tice declared the meeting to be in a public hearing and requested all
persons desiring to speak to proceed to the dais for the administering of the oath.
Rezoning Request; Superior Properties of Iredell, Allen C. Johnson, Archie
A. McAlister, and John V. & Wanda S. Redden Properties, Case No. 0501-1:
Proposal to Rezone Properties From Residential Agricultural to Highway Business
Conditional Use District (Location: 1017, 1051, 1080, & 1087 Charlotte Hwy., in
Troutman, NC): County Planner Emily Jackson said Attorney Bedford Cannon was
the agent for property owners who were proposing to rezone property from Residential
Agricultural to Highway Business Conditional Use. Jackson said the condition would
be that any development would have to meet regulations by the Town of Troutman.
She said the parcels totaled 22.3 acres, and they had been zoned Residential
Agricultural since county zoning took place in 1990. Ms. Jackson continued by saying
the properties were located in the Interchange Commercial node of the Exit 42 Future
Land Use Study. She said the requested zoning district and the proposed uses
(restaurants, retail, hotel/motel, local and interstate related businesses) were consistent
with the best uses for the area. Jackson said the Town of Troutman was aware of the
rezoning request, and the officials were in agreement with the proposed usage. She said
the staff, along with the planning board by a unanimous vote on January 5, 2005,
recommended approval.
Commissioner Johnson asked for a clarification on whether or not the owners were
seeking the condition. He said that since the planning board meeting, he understood
more discussion had occurred about the condition.
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Attorney Bedford Cannon asked for the condition to be removed. He said the
property would be difficult to administer if a conditional use happened to be "pegged"
with the Town of Troutman. Cannon said the property would eventually be annexed to
the Town of Troutman anyway, due to water and sewer needs.
Commissioner Johnson asked if the owners were willing to accept Troutman's
conditions for the utilities.
Cannon said yes.
Milton McAllister said he owned 700 feet of property in front of the Wilco
Station. McAllister said he was against the Town of Troutman having anything to do
with his property.
John Pinyan said he, too, was an adjacent property owner, and he asked the
rezoning advantage for the people in the area. He also asked what types of businesses
would be allowed on the property, and how the intended uses would affect the adjacent
property owners' taxes.
Chairman Tice said the proposed uses, as shown on the staff report, were
restaurants, retail, hotel/motel, local and interstate related businesses. Mrs. Tice said
that if the adjacent property continued with the same zoning designation -- not
commercial, the value should remain the same.
No one desired to speak, and Chairman Tice adjourned the hearing.
MOTION by Commissioner Johnson to grant the request from Residential
Agricultural to Highway Business and to delete the condition in regards to the
regulations by the Town of Troutman.
VOTING: Ayes — 5; Nays — 0.
Note: The condition that was deleted from the request is as follows:
In addition to the Iredell County requirements, the properties will have to meet the zoning
regulations of the Town of Troutman. Between the two jurisdictions, the properties will
have to meet the most restrictive requirements of all applicable ordinances.
Chairman Tice declared the meeting to be in a public hearing.
Consideration of a Proposed Amendment to the Iredell County Subdivision
Ordinance Pertaining to Section 405.4 Marginal Access: County Planner Jackson
said that in October of 2004, the planning board and staff began working on an
amendment to the subdivision ordinance pertaining to access onto certain high traffic
roads. She said on January 5, 2005, the planning board unanimously recommended in
favor of an amendment. Jackson said it was hoped the amendment would assist with the
distribution of traffic in a manner that would avoid congestion, overcrowding, and create
conditions essential to the public's health, safety, and general welfare. She said the
amendment would only pertain to subdivisions that were on a minor rural collector road
or higher, or roads that had 5,000 or more trips per day. Jackson then showed a map of
the roads that currently qualified, and she said they were listed by the Department of
Transportation (DOT) as minor or higher collector roads. She said the function of minor
collector roads was to collect traffic from local roads and then to bring the traffic from
developed areas, within a reasonable distance, to a major collector road. Jackson said
minor roads also provided a service to communities and linked the local important traffic
generators with the rural outskirts. She said the roads not classified by the DOT, that
met the 5,000 trips per day were Murdock Road, Mazeppa Road, Linwood Road, and
Brawley School Road. Jackson said that if a subdivision were located along one of these
four roads, the lots would be prohibited from having direct access to the road. She said
the lots would have to be developed using a new roadway of some type, e.g., cul de sacs,
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loop roads, or short -connecting roads. Ms. Jackson said that only if physical barriers
prohibited the development of a new road, would the lots be able to use another design
standard such as joint driveways. She said that as with any provision of the subdivision
ordinance, there were some exemptions and these were:
a. The combination or recombination of portions of previously subdivided
and recorded lots where the total number of lots is not increased and the
resultant lots are equal to, or exceed the standards oflredell County as
shown in this ordinance;
b. The division of land into parcels greater than ten (10) acres where no
road right -of --way dedication is involved;
C. The public acquisition by purchase of strips of land for the widening or
opening of roads, and
d. The division of a tract in single ownership whose entire area is no
greater than two acres into not more than three lots, where no road
right-of-way dedication is involved and where the resultant lots are
equal to or exceed the standards of Iredell County as shown in the
ordinance.
e. Family subdivisions which are gifts and do not require any transfer of
money.
Jackson concluded her statements by saying the planning board unanimously voted
in favor of the amendment.
Commissioner Johnson said he understood that the logic behind the amendment
was to limit access to the feeder roads by curtailing so many people from backing out of
their driveways in unsafe areas. He said another reason was that when a person wanted
to subdivide two lots, etc., that he or she could be "pretty far in the process" before it
was realized that a driveway permit would not be issued from the DOT.
Jackson said safety and traffic were the reasons behind the amendment. She said
in reference to the DOT's driveway permits, that there was a possibility of problems
occurring when a person tried to subdivide property. She said the DOT looked at the
traffic flow and sometimes an individual had to redesign a subdivision.
Commissioner Williams asked, assuming the amendment was approved, what
happened to the people who had subdivisions already in the process.
Jackson said there was a possibility of having minor/major subdivisions being
allowed that already had preliminary planning office approval. She said the preliminary
approval stipulation had been used when the open space amendment was approved.
Commissioner Williams said he wanted the developers to have an opportunity to
submit their projects before the board "closed off' on the matter.
Jackson said the commissioners could establish a date for the implementation of
the amendment.
Commissioner Johnson said he understood that if the county's standards were
"tighter" than what the DOT used, the DOT accepted the county's standards.
Jackson said this was correct -- the county had to sign off on driveway permits.
She said that if the county had regulations in place that prohibited the permit, then the
individual would not gain approval.
DOT.
Johnson said he understood the planning staff received traffic counts from the
Jackson said this was correct.
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Chairman Tice emphasized that the main purpose behind the amendment was
safety.
Commissioner Williams said the only negative he could see in the amendment
would be that there would be an added cost.
Jackson said it potentially could; however, she had heard some developers say it
was harder to sell the lots having road frontage. She said the process might work out in
the developers' favor.
Commissioner Robertson asked how the people, who would be most impacted
by the amendment, would find out about it.
Jackson said normally, when subdivision amendments were approved, notices
were not sent; however, in this situation letters could be mailed to the homebuilders'
associations, surveyors, and any other associations that might be affected. She said
legal notices had already been published about the amendment, plus agendas and the
ordinances were posted on the county's web site.
No one else desired to speak, and Chairman Tice adjourned the hearing.
OTIO by Commissioner Johnson to adopt the marginal access amendment,
with an effective date being 120 days from February 1, 2005.
VOTING: Ayes — 5; Nays — 0.
(The amendment is as follows. The sections to be deleted from the ordinance
are shown with strikeouts, and the corrected wording is shown with underlining.)
405.4 Marginal Access Read
Where a tract of land to be subdivided af#aiiis borders a road that is
designated currently the Iredell County Thoroughfare Plan as a minor rural collector road
or higher or is Projected to have greater than 5 000 vehicle trips per day within the next, five
years
the arterial road or
/rtunage on a ininor rood�jtor the lots to be developed adjacent to
the arterial. r here ,e e efi oii•age is establis e the lots private driveways shall be
prevented from having direct access to the prinetpol arteria aualiNing road. The subdivider
shall provide road entry and exit points to the qualifying road to facilitate connectivity.
ff physical barriers exist which prohibit the construction of a new road another access design
(e.g.. joint driveways) may be used to achieve the intent of this regulation.
----------------------------------------CONSENT AGENDA ---------------------------------------
items.
MOTTO by Chairman Tice to approve the following four consent agenda
VOTING: Ayes — 5; Nays — 0.
I. Request for Approval to Award a Contract for the Purchase of Automated
Demand Response and Paratransit Scheduling / Routing Software to RouteMatch
Software, Inc., in the Amount of $55,895 along with Approval of Budget
Amendment #35: Transportation Director Ben Garrison said at the 5 p.m., meeting
that subject to approval by the North Carolina Department of Transportation, he was
recommending that RouteMatch Software, Inc., be awarded the contract for the
Automated Demand Response and Paratransit Scheduling and Route Software. He said
a ten percent local match would be needed for the purchase, and the money could be
found from system -generated fees.
2. Request for the Establishment of a Date and Time to Tour the Mooresville
Library in Accordance with an Invitation from Mooresville Mayor Al Jones: The
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board agreed to visit the library on Saturday, February 26, 2005, after the conclusion of
the Winter Planning Session. (The actual time will be confirmed later.)
3. Request for Approval of the January 18, 2005 Minutes
4. Request from the EMS Department for Permission to Submit a $27,475
Health Resources & Services Administration (HRSA) Bioterrorism Grant
Application: During the agenda briefing, EMS Director Lee Darnell asked for
permission to apply for a grant with the funds to be used for the following:
4 computer systems.......................................................... $11,875
10 complete sets of turnout gear ............................................ 10,000
1 patient roller system for decontaminating non-ambulatory patients 900
25 nerve agent kits.............................................................. 1,250
15,000 Doxy tabs............................................................. 750
Wireless mic receiver, wireless lapel mics, digital camcorder, tripod,
mass -gathering training, tactical medical operations training ....... 22,700
$27,475
Darnell said the grant did not require a local match. He also said the purchases
would not create a future burden on the county.
---------------------------------------END OF CONSENT AGENDA ----------------------------
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
• Adult Care Home Community Advisory Committee (1 announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Lake Norman Rural Planning Organization (1 appointment):
Commissioner Williams nominated Steve Warren.
OTIO by Chairman Tice to close the nominations and appoint Warren by
acclamation.
VOTING: Ayes — 5; Nays — 0.
Home & Community Care Block Grant Committee (I appointment):
Commissioner Norman nominated Joan Elam.
MOTION by Chairman Tice to close the nominations and appoint Elam by
acclamation.
VOTING: Ayes — 5; Nays — 0.
Adult Care Community Advisory Committee (5 appointments): No
nominations were submitted, and Chairman Tice made a otion to postpone the
appointments until the February 15 meeting.
VOTING: Ayes — 5; Nays — 0.
Animal Grievance Committee (I appointment): Commissioner Johnson
nominated D.J. Loyd.
MOTION by Commissioner Norman to close the nominations and appoint
D.J. Loyd by acclamation.
VOTING: Ayes — 5; Nays — 0.
COUNTY MANAGER'S REPORT: County Manager Mashburn gave the
following update on construction projects.
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New Social Services Bldg.: There have been weather related setbacks, but work is occurring.
New Library Building: Carpet has been installed.
Current Library Bldg,: The design layout has been completed on the current library
structure, which will be used to house the county's tax
department when vacate.
Mr. Mashburn mentioned that perhaps the new county library, as well as the
Mooresville library, might be toured on Saturday, February 26.
CLOSED SESSION: MOTION by Chairman Tice at 8:30 p.m., to enter into
closed session for the purpose of discussing personnel matters pursuant G.S. 143-318.11
(a) (6).
VOTING: Ayes — 5; Nays — 0.
(RETURN TO OPEN SESSION AT 8:50 P.M.)
ADJOURNMENT: MOTION by Chairman Tice to adjourn the meeting at
8:50 P.M. (NEXT MEETING: Tuesday, February 15, 2005, 5 & 7 P.M. in the Iredell
County Government Center, 200 South Center Street, Statesville, NC.)
VOTING: Ayes — 5; Nays — 0.
Approved:
Clerk to the Board