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HomeMy WebLinkAboutJanuary_18_2005_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES JANUARY 18, 2005 The Iredell County Board of Commissioners met in Regular Session on Tuesday, January 18, 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, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice. INVOCATION by Commissioner Johnson. THE WEST IREDELL JUNIOR ROTC COLOR GUARD POSTED THE COLORS AND LED THE PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to adjust the agenda by the following actions: Additions: Kathleen Hatchett, Louanne Watts, and Robert Stidd were each given three minutes to address the board. Deletions: Announcement of the National Association of Counties (NACo) Annual Conference to be held July 15-19, 2005, in Honolulu, Hawaii (This was on the agenda for informational purposes.) VOTING: Ayes — 5; Nays — 0. PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Presentation of a Purple Heart Medal to Mr. Robert Clayton Dyson: SFC (Ret.) Brad J. Stroud, the Veterans Service Officer for Iredell County, said that on "behalf of the President of the United States, the United States Army, and the citizens of Iredell County," he was pleased to present a Purple Heart Medal to Mr. Robert Clayton Dyson. Stroud said that nearly 60 years ago, Mr. Dyson earned the Purple Heart due to injuries sustained while serving as a United States soldier in Luxembourg. He said Mr. Dyson had never received the award, but a few months ago the paperwork was completed to obtain the medal. The commissioners expressed their appreciation to Mr. Dyson, and they said it was an honor to have him, his wife, family, and friends at the meeting. Representatives from various Veterans' organizations were also in attendance. APPOINTMENTS BEFORE THE BOARD Representatives of the Fort Dobbs Alliance Speak in Reference to a Request for $45,000 to be used Towards the Purchase of 16 Acres of Property: Fort Dobbs Alliance Chairman Chandler Bryan requested $45,000 to be used as a down payment on approximately 16 acres of property adjacent to the fort site. He said the money would be used for a nine-month option due to the Alliance not knowing until March or April of this year if a state grant of $400,000 would be awarded. Bryan said the state had indicated that Fort Dobbs' grant was listed as number one on the state's development list for historical sites. Bryan said that if the grant fell through, the $45,000 would not be lost due to the owner allowing the Alliance to purchase two lots. (Bryan had given copies of maps to the commissioners, and he described the lots as being the area with dotted lines.) Mr. Bryan said the fort had educational, economic and historical value. Commissioner Robertson said he understood that N.C. House Speaker Morgan had appropriated $25,000 for the site. Bryan said this was correct, but the money had "strings" attached -- it couldn't be used for archaeological purposes. Robertson asked why the site was closed if it was number one on the state's list. Fort Dobbs Site Manager Beth Carter said the primary reason was due to not having any support groups. She said the facility had not been a priority in Raleigh, and due to the state budget crises, it was closed. Carter said in June of 2003 she was contacted on a voluntary basis while the state evaluated whether or not there was community support. She said the Fort Dobbs Alliance was established in 2003, and the membership roster had over 100 members. Carter said the members were not only `just average folks but they were important people in the community." Commissioner Robertson asked if a copy of the letter indicating Fort Dobbs was number one on the historical development list could be shared. Carter said yes. Robertson said the residents in the community were concerned about increased traffic. He asked what plans, if any, had been made to alleviate the concerns. Carter said she had witnessed an increase in traffic during the last year, and part of this was due to the Fort Dobbs Road being a cut -through for people traveling to -and - from the area's shopping center. She said the site would have planned visitations, and there were plenty of opportunities, such as shuttles, that could take visitors to the site when there were special events. Carter said the community would still have traffic, even if Fort Dobbs didn't exist. Commissioner Johnson asked the current acreage of Fort Dobbs. Carter said 31 acres. Johnson asked how the additional land would help if the state didn't award the $400,000 grant. Carter said the Alliance was pursuing three avenues of revenue for the land, and these were the North Carolina Heritage Fund, a Form OC -25, and a capital campaign within the Fort Dobbs Alliance. She said the heritage fund could be substantial enough to purchase the entire tract of land, and the OC -25 was for capital state funds that would need influence from the county's legislators to gain approval. She said the two acres that would be obtained with the $45,000 would provide a buffer. Carter said also the actual attack that took place on the fort was located on the property the Alliance hoped to purchase. Gemstone District Boy Scout Leader Bill Hicks said that for the past 20 years during each summer, a cub scout day camp had been held for boys (first grade through the fifth grade). He said this past summer between 265-275 boys with approximately 75 adults were at Fort Dobbs for a week. Mr. Hicks said more space would aid in the scout's archery and BB gun activities. He said many of the boys benefited from the outdoor environment due to living in areas where there was not much green, open space. Commissioner Williams asked the location of the 16 acres. 2 Bryan described the three lots by referring to a plat. He said the property was lot 24, and towards the back of the property, were lots 33 and 34. Bryan said the boundary lines might change; however, because a request had been made to the owner to "add a slice of land on the left." Kathleen Hatchett said she was speaking on behalf of neighbors and residents in the Fort Dobbs community who were concerned and even opposed to the funding of the request. Hatchett said others would have attended the meeting; however, they were told the request would be deleted from the agenda. She said there were concerns about the tremendous traffic, noise, waste and even a proposal for road changes if the plan was successful. Hatchett asked what would happen to the money that had already been collected, if the project did not occur. She said the board members of the Alliance could not adequately answer questions about the finances. Hatchett said she had concerns when a state government, that had over a billion dollars in debt, along with a county, that was divided over school expenditures, could decide that pouring money into the project was a top concern. Mrs. Hatchett said that even if a fort were built on the site, it would be a likeness from another state and not the original. She said that as far as a museum, there was nothing to be housed in it. Hatchett said that in reference to musket balls being found on the site, these could be found on any land in the county and they were not indicators of a French & Indian War site. Mrs. Hatchett said she loved history, but she also loved her home. She said her ancestors had fought in wars dating back to the American Revolution and they did so to protect their land. She said now, the Fort Dobbs project could take her property's protection away. Hatchett said, "I love history, but what I don't like is someone using other people's respect and patriotic fervor to access their pocketbooks for something that isn't what they thought it was going to be." She also said, "History should be truth itself, and I hope you will truly investigate the claims made by the Alliance in their efforts to secure what they so desire and put it up against what is fact, what is reasonable, and what is fiscally responsible." traffic. Commissioner Robertson asked Mrs. Hatchett if her main concern was the Hatchett said there were concerns over several matters. Commissioner Williams asked Mrs. Hatchett if she had attended any of the Alliance meetings. Hatchett said she had attended some of the meetings. She said some of her questions were answered, but some were not. Louanne Watts, another resident in the community, stated that she supported everything said by Mrs. Hatchett. She suggested that a decision on the request be postponed, due to the citizens not being informed about the project. Watts questioned some of the figures the Alliance had used in trying to promote its economic and educational value. She said the Alliance had said 5,182 people had visited the site last year, but the members neglected to say this consisted of mostly two groups. She said the boy scouts accounted for about 1,500 of the visitors, and a group from Iredell Memorial Hospital totaled about 1,500. Chairman Tice said the request had been discussed at the briefing session, and it was mentioned a special meeting might be held in the next few days due to the Alliance needing to submit its state grant application by January 28. Commissioner Johnson said a piece of property was only a buffer is there wasn't anything built upon it. He said if something were built on it, then another neighbor was next to it. Bryan said the Alliance was trying to be extremely careful, archaeologically speaking, and there were only two construction projects. He said one was the fort and the other would be the officers' quarters. Bryan acknowledged, however, that in the 3 years to come someone might build something on the buffer. He said it was hoped that a Cherokee village would be built "back in the woods, but it would look a little peculiar to have nice houses in the back." Bryan said the buffer was needed to prevent people from seeing houses when they visited the site. MOTION by Commissioner Robertson to call for a public hearing on January 25, 2005, at 7:00 p.m., regarding the $45,000 request. VOTING: Ayes — 5; Nays — 0. Commissioner Johnson said he would like to see at the January 25 meeting some commitment from the state. He said, "You can tell the state's commitment when they write a check." Margaret Burns Desires to Speak in Reference to the Impoundment and Disposition of Animals at the Animal Control Shelter: (Mrs. Burns was allotted time on the agenda to speak; however, she did not attend the meeting.) Comments from Robert Stidd: Mr. Stidd spoke about local and federal issues that were of a concern to him. He said the Social Security program would remain solvent, if left alone. Stidd asked for a resolution stipulating the board's nonsupport of any plan to privatize any portion of Social Security. He said service men and women were getting killed, injured and disabled, and the Iraqi War needed to end. Stidd said the Bush administration had created a haven in Iraq for terrorists that did not exist prior to the war. Stidd said the First Amendment provided "a wall of separation between church and government." He said the "Constitution was expressly written to prevent theocracy from overtaking government." Stidd said there was a "selfish attempt to merge the will of Christian beliefs with government." In conclusion, Mr. Stidd said selfish morality had created a furor over same-sex marriages. He said that for the protection of individual rights, governments should not be making laws and issuing resolutions that defined a legal marriage. He said it was disappointing the Iredell County Board of Commissioners passed a resolution that invaded individuals' rights to marry whom they chose. Stidd said, "Negative connotations people have about same- sex marriages is actually disguised discrimination, and this is unpatriotic." ------------------------------------------CONSENT AGENDA ------------------------------------- items. OTIO by Chairman Tice to approve the following six (6) consent agenda VOTING: Ayes —5; Nays — 0. 1. Request from the Mooresville Graded School District for Approval of a $1,500,000 Transfer from Unappropriated Fund Balance to a Capital Outlay Expenditure Account for the Acquisition of Land: During the briefing session, Mooresville Schools Superintendent Dr. Bruce Boyles, and David Dutton, the Finance Officer for the school system requested a $1,500,000 transfer of funds for the purchase of 100 acres of land. Boyles said the land was near property already owned by the system, and it would be used for future school construction. He said the land would cost $25,000 an acre and $1 million was available in the long range planning account (current budget), and 1.5 million was available through a transfer from fund equity. 2. Request from Gary Ervin for the Release of Zoning & Subdivision Jurisdiction to the Town of Mooresville for 115 Acres (Location: Mackwood Road, Mooresville, NC): County Planner Whitney Hodges said at the five o'clock meeting that Gary Ervin had requested the release of zoning/subdivision jurisdiction on approximately 115 acres of property to the Town of Mooresville. Hodges said (1) the property was adjacent to the Town limits (2) the Mooresville Town Board had approved water and sewer service in connection with annexation at a May 3, 2004 meeting, and (3) notification had been received that the Town would probably annex the site in July of 2005. Ms. Hodges said the developer intended to create a residential subdivision, 4 and this would be consistent with the county's land use plan. She said the developer would also try to develop the property in a manner consistent with the Mount Mourne/South Iredell Plan. Hodges said the planning department recommended approval of the release. 3. Request for Approval of the December 2004 Refunds and Releases: Tax Administrator Bill Doolittle requested approval of the following refunds and releases during the agenda briefing. DECEMBER 2004 TAX RELEASES & REFUNDS Releases Refunds County $27,619.42 $ 2,577.70 Solid Waste Fees 455.00 0 East Alexander Co. Fire #1 12.31 0 Fire # 2 467.00 6.56 -Shepherd's Mount Mourne Fire # 3 32.98 12.32 All County Fire # 4 1,159.72 244.27 Statesville City 2811.24 2,755.29 Statesville Downtown 6.52 0 Mooresville Town 8,973.29 99.86 Mooresville Downtown 442.30 0 Mooresville School 2,343.56 29.96 Love Valley 0 0 Harmony 66.15 0 Troutman 1,074.20 0 Total $45,463.69 $5,725.96 A complete list, of the individual tax releases and refunds, is hereby incorporated into the minutes by reference. 4. Request for Approval of Budget Amendment #32 to Transfer Funds from Contracted Services to Salaries/Part-time for Clerical Assistance in the Finance Department: Finance Director Susan Blumenstein explained during the briefing session that 53,170 had been included in the Finance Department's 04-05 contracted services line item for temporary employment services. She requested that the entire amount be moved to part-time salaries due to clerical assistance being needed, especially now, during the budget season. Blumenstein said additional funds were not needed, but due to the type of transfer (salaries) board approval was required. 5. Request for Approval of Budget Amendment #33 for the 2004 State Homeland Security Grant Program: During the briefing session, Emergency Services Director Tracy Jackson said a budget amendment was needed to recognize a $229,712 homeland security grant. He said the money would be used to purchase assorted supplies, non -depreciable and depreciable assets, along with vehicles and trailers for the Iredell County Health Department, Mooresville Fire Department, Troutman Fire & Rescue, Statesville Fire Department, Iredell County Mapping, and the Iredell County EMS. Jackson said the Local Emergency Planning Committee had made the recommendation on how the money should be spent. 6. Request for Approval of the January 4, 2005 Minutes OF CONSENT AGENDA ------------------------------ Request for an Increase in Management Staff — Creation of an Assistant Finance Director's Position Effective March 1, 2005: County Manager Joel Mashburn requested approval to add an assistant or deputy finance director's position effective March 1 at a Job Grade of 73 and a Salary Range of $40,760 - $63,130. He said that with the person starting in March, the estimated costs to finish out this fiscal year would be around $25,000. 5 MOTTO by Commissioner Johnson to approve Budget Amendment #34 for $24,315.00, to be derived from contingency, for the creation of an Assistant Finance Director's position. VOTING: Ayes — 5; Nays- 0. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS &COMMISSIONS Adult Care Home Community Advisory Committee (1 announcement) Lake Norman Rural Planning Organization (1 announcement) Home & Community Care Block Grant Committee (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Board of Health (1 appointment): Commissioner Robertson nominated Dr. Kim Randall as the veterinarian appointee. OTION by Commissioner Norman to close the nominations and appoint Randall by acclamation. VOTING: Ayes — 5; Nays — 0. Criminal Justice Partnership Program Committee (2 appointments): Commissioner Norman nominated Sarah M. Kirkman as the district attorney appointee and Judge Lynn Gullett as the judicial appointee. OTIO by Chairman Tice to close the nominations and appoint Kirkman and Gullettby acclamation. VOTING: Ayes — 5; Nays — 0. Adult Care Community Advisory Committee (4 appointments): No nominations were submitted, and Chairman Tice made a knotA to postpone the four appointments until the February 1 meeting. VOTING: Ayes — 5; Nays — 0. Animal Grievance Committee (1 appointment): No nominations were submitted, and Chairman Tice made a �motiOR to postpone the appointment until the February 1 meeting. VOTING: Ayes — 5; Nays — 0. Library Art Advisory Committee (6 appointments): Commissioner Williams nominated Library Director Steve Messick, Commissioner Ken Robertson, Friends of the Library Members Re Johnston and Elizabeth Cannon, and Iredell County residents Jim Vernon and Linda Stikeleather for the library art advisory committee. MOTION by Chairman Tice to close the nominations and appoint Messick, Robertson, Johnston, Cannon, Vernon and Stikeleather by acclamation. VOTING: Ayes — 5; Nays — 0. NEW BUSINESS Talley Road, Troutman House Destroyed by Fire: Commissioner Johnson said several months ago business and homeowners in Troutman had complained about a burned -out house. He said the Town of Troutman could not assist due to the problem stemming more from a housing or code violation standpoint. Johnson said he talked with Code Enforcement Director Lynn Niblock who advised there were several legal requirements that had to be met to remedy the situation, but he would try to assist. 6 Commissioner Johnson said the debris had now been cleared from the lot, and he appreciated Niblock's assistance. COUNTY MANAGER'S REPORT: County Manager Mashburn said a written activity report had been distributed to each commissioner. Veterans Service Department: Mashburn complimented Veterans Service Officer Brad Stroud and his assistant, Millie Wright, in the services they provided to the county's citizens. Iredell/Rowan County Line: Mashburn said a request from a family owning property bordering the Iredell/Rowan county line would be on the February 1 agenda. He said the family members desired for all of their property to be taxed or listed in Rowan County; however, their house was situated Iredell County. CLOSED SESSIONS: MOTIO by Chairman Tice at 8:10 p.m. to enter into closed session for the purpose of discussing property acquisition pursuant to G.S. 143- 318.11 (a) (5). (RETURN TO OPEN SESSION AT 8:45 P.M.) ADJOURNMENT: OTION by Chairman Tice at 8:45 p.m., to adjourn the meeting. (NEXT MEETING: Tuesday, January 25, 2005, at 7:00 p.m., for the purpose of holding a public hearing to receive comments pertaining to the Fort Dobbs Alliance's request for $45,000. The meeting will be in the Iredell County Government Center, 200 South Center Street, Statesville, NC.) VOTING: Ayes — 5; Nays — 0. Approval: 7 Clerk to the Board