HomeMy WebLinkAboutMarch_15_2005_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
MARCH 15, 2005
The Iredell County Board of Commissioners met in Regular Session on
Tuesday, March 15, 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,
Planning Supervisor Steve Warren, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Tice.
INVOCATION by Commissioner Williams.
PLEDGE OF ALLEGIANCE: Boy Scout Daniel Wilson with Troop 615,
affiliated with the Church of Jesus Christ of the Latter Day Saints, led the Pledge of
Allegiance. Wilson's father accompanied him to the meeting.
ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to
approve the following agenda adjustments:
Additions: • Request from the Carolina Beer & Beverage Company for a Utility Line
Extension Reimbursement
• Request for Approval of the 2005 Equalization & Review Board's
Meeting Schedule (Date to convene: Thursday, April 14, 2005
& Date to Adjourn: Thursday, June 16, 2005)
• Request for Approval to Advertise Real Property Liens on Wednesday,
April 13, 2005
• Request for a Decision Regarding the James B. Heffner Family's Request
for Property to be Released to Rowan County
Deletion: • Request for Approval of the Transportation Improvement Program Priority
Listing (A presentation was given during the briefing session, and due to
there not being any urgency in compiling and approving the TIP, the
matter was postponed until the April 19 meeting.)
VOTING: Ayes — 5; Nays — 0.
APPOINTMENTS BEFORE THE BOARD
Presentation of the Annual Report for the Adult Care Home Community
Advisory Committee and the Nursing Home Advisory Committee by Ombudsman
Cindy Kincaid with the Centralina Council of Governments: Regional
Ombudsman Cindy Kincaid, along with LaRue Burleigh, Grady Mills, Barbara
Sprinkle, June Martin, Johnny Elliott, Tammy Burchette, Ruth Waters, James
Henderson, and Katie Barker attended the meeting to present the nursing and adult care
home committees' annual reports. Kincaid said the Centralina area had approximately
250 volunteers, out of 1,800 statewide, who were working on behalf of adult care and
nursing home residents and their families. She said the volunteers received an initial
15 -hour orientation and in -facility training, along with eight hours of on-going training
throughout each year in conjunction with the quarterly business meetings. She said the
ombudsman's role in the process was to:
— conduct the quarterly training,
— provide technical assistance,
— interpret the NC statutes and any federal regulations regarding the
residents' rights,
— provide assistance in organizing resident and/or family councils within
the homes, and
— provide guidance and direction in complaint resolution.
Kincaid said the committees were mandated through the statutes, and the
members were legislatively empowered to serve as advocates for the residents, which
made them the only group that had the resident as the "focal point of their work." She
said the volunteers' duties were accomplished by making quarterly visits to the homes,
talking with the residents, their families, and by working with the employees of the
facilities.
Mrs. Kincaid said Region F (nine counties) had grown to over 15,000 long -term -
care beds making it the largest in the state. She said Iredell County had over 739
nursing home beds and 774 adult care home beds.
Commissioner Williams thanked Kincaid and the volunteers for their work.
Mr. Williams said during the past three years, he had witnessed first-hand the care and
services being provided by the nursing and adult care homes. He said this awareness
had made him appreciate the volunteers' work even more.
Presentation on Homework Outreach, Inc., and a Request for Funding in the
Amount of $28,000 by Teresa Redmond, the Founder of the Program:
Mrs. Redmond said her presentation's goal would be to show that Homework Outreach
was a vital program, and it was needed in the county. She said that prior to her program
being developed, she had searched to see if anything was available for her own family's
use. Redmond said tutoring services and after-school programs were located, but not
anything that was the proper fit for her family.
Redmond said her non-profit, after-school program was geared towards K -8 'h
grade children from Monday through Friday, and it provided assistance with homework.
She defined homework as being any material assigned by the teacher including the
studying for tests. Redmond continued by explaining the components of her program.
She said teachers, and homework aides (honor high school students) would provide
assistance for the enrolled students, and that transportation would be provided along
with an afternoon snack.
In reference to funding, Redmond said her organization had applied for grants,
and there would be fees (weekly fees for students, as well as registration fees). She said
that in addition, donations would be solicited from the business community, and that if
her agency was eventually licensed by the state, vouchers would be used for low-
income children.
Redmond said a building in Troutman could be leased to house the program, and
she was requesting $28,000 for one-year, start-up costs. She said children at Troutman
Middle, West Middle and Celeste Henkle would be targeted for the program. Redmond
provided the following breakdown for the $28,000:
Building lease at $1500 a mo. $18,000
Utilities at $250 a mo. 3,000
Fund for low-income children 7,000
$28,000
Chairman Tice thanked Mrs. Redmond for the presentation.
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MOTION by Commissioner Norman to consider the request during the FY
2005-06 budget deliberations.
VOTING: Ayes — 5; Nays — 0.
PUBLIC HEARINGS
Chairman Tice declared the meeting to be in a public hearing.
Consideration of an Economic Development Incentive for PGI Nonwovens:
Economic Developer Melanie O'Connell Underwood said PGI Nonwovens (FNA
Polymer Corporation) was considering a $38-$40 million expansion. She said other
locations were being considered for the project, and these were in Virginia, Mexico, and
Columbia, South America. Underwood said that in accordance with the county's
incentive policy, the company would be eligible for a $793,440 grant (over a six-year
period) if the investment turned out to be $38 million, and $835,200 (over six -years), if
the project was $40 million.
Christopher Scuron, the plant manager, said the project would bring
approximately 32 new wage positions to Mooresville. He said over a couple of years, a
total of approximately 50 new people would be added (average salary of employees to
be $52,000). Scuron said that if the Mooresville plant were chosen for the expansion,
the site would probably become the headquarters for the company.
No one else desired to speak, and Chairman Tice adjourned the hearing.
OTION by Commissioner Johnson to grant an economic incentive to PG1
Nonwovens, of an amount up to $835,200 (over a six-year period), based on a $40
million investment.
VOTING: Ayes — 5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing.
Consideration of an Economic Development Incentive for the Carolina Beer
& Beverage Company: Economic Developer Melanie O'Connell Underwood said the
Carolina Beer and Beverage Company was the second largest brewery in North
Carolina. She said the company was considering a $6 million expansion, and this
would make it eligible for an incentive grant of $104,400 (over a five-year period).
Jennings Gray, the site consultant, said the company started in 1997-1998, and
the owners had taken a 50 -acre field valued at approximately $100,000 and turned it
into a park (Barley Park) worth $8,313,251.00. He said the tax revenue in 1998 was
$150 compared to today's $57,000+. Gray said the company expanded in 2002 by
adding 60,000 sq. ft. ($5 million cost). He said two additional beverage lines were
added which necessitated the addition of third -shift workers. Gray said in 2004 a low-
carb beverage line was added. He said the company currently had 60 employees, and
the $6 million expansion would double the workforce. Gray said the total annual
payroll would be approximately $2 million.
No one else desired to speak, and Chairman Tice declared the public hearing
closed.
OTION by Commissioner Robertson to grant the economic incentive of
$104,400 (over a five-year period) for Carolina Beer and Beverage based upon a $6
million investment.
VOTING: Ayes — 5; Nays — 0.
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Request from Carolina Beer & Beverage for a Utility Line Extension:
Economic Developer Melanie O'Connell Underwood said that in 1998, when Barley
Park was first being created, the owners had appeared before the board of
commissioners to ask for utility line extension assistance. She said the request was not
acted upon; however, it was the consensus of the board to reconsider the matter in the
future if a collective investment of $3 million occurred. (Underwood said a $3 million
capital investment was the county's minimum monetary requirement for participation in
the industrial development incentives program, and this was the reason for no action in
1998.) She said that even though the county did not provide financial assistance, the
Town of Mooresville in 1998 approved a $50,000 utility grant (over five years).
Underwood said that as Mr. Gray (site consultant) previously mentioned, the park's real
and personal property investment at the present time was $8,313,251.00, which was
well over the $3 million.
MOTION by Commissioner Johnson to grant Carolina Beer and Beverage a
$50,000 utility line extension reimbursement (spread out over five years) for Barley Park
as was described by Mrs. Underwood.
VOTING: Ayes -4; Nays— 1 (Williams)
Note: The Barley Park representatives appeared before the board at the April 7, 1998
meeting.
Presentation from the Planning Department Regarding the U.S. Census
Bureau's American Community Survey: Planning Supervisor Warren said the U.S.
Census would be using a different method in the future to provide demographic data.
He said each year the planning department presented a demographic report, but
unfortunately, some of the statistics had to be based on decennial information. Warren
said the new census would be prepared using a survey that would replace the "long
form." He said beginning this summer, communities having populations of 60,000+
would be receiving data on an annual basis. Mr. Warren said the annual reports would
provide much more accurate and reliable material. He said the newer data would also
aid the federal government in determining the communities eligible for grant funding.
Request for Approval of Budget Amendment #40 for a $1,250 Donation to
the North Carolina City and County Management Association's Civic Education
Project: County Manager Mashburn said several years ago, it was determined by city
and county managers across the state, that there was a lack of information included in
school textbooks concerning local government. He said his association had created a
packet and a textbook to be distributed to North Carolina schools. Mashburn said the
donation would assist in continuing and updating the program.
MOTION by Commissioner Norman to approve Budget Amendment #40 for the
Civic Education Project Donation of $1,250 and for the funds to be derived from
contingency.
VOTING: Ayes — 5; Nays — 0.
Request for a Decision Regarding the James B. Hoffner Family's Request of
February 1, 2005 Regarding the Release of Property to Rowan County. County
Manager Mashburn summarized a memo that had previously been sent to the Iredell
County Board of Commissioners describing the Hoffner family's request. The memo,
for the most part, is as follows:
representatives of the Hoffner family appeared before the board of
commissioners and requested that the board work with the Rowan County Board of
Commissioners to try to work out a realignment of the Iredell/Rowan Counties line so
that the Hoffner property would be moved back into Rowan County, as it was thought to
be before resurveying and tax alignment was done.
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"It was felt by the staff, at that time, that the main objection voiced by the
Hoffners was that school age children had been going to Rowan County Schools and
who would now be going to Iredell County schools. After discussion with Dr. Steve
Lane, Iredell-Statesville School System, it was determined that the school systems had
state authorization to work out arrangements to permit students to attend school out -of -
district, if the Hoffners choose to go that route. There appeared to be a willingness on
the part of Iredell-Statesville to release the students to Rowan and for Rowan to accept.
"On March 14, Jean Moore, Iredell County Clerk to the Board, received an
email from Mr. Lonnie Hoffner, stating that the school matter was not their only
concern, but they wanted to combine the home place back with the Rowan part of the
property.
"The first question to be answered is can this be done. The answer is probably
yes, if both counties agree. There are procedures established by the General Assembly
on how this is to be accomplished. One method is the method the county followed back
in the early 90s. The two boards met to determine certain points along what was
believed to be the county line. Then by resolution signed by both boards, they
requested a resurvey of the county line and it was completed by the North Carolina
Office of State Planning, Office of the Governor. After the resurvey, the line was
approved by the Iredell County Board of Commissioners on February 6, 1996. It was
approved by the Rowan Board of Commissioners on April 1, 1996, and was certified by
Gary Thomas of the Office of State Planning on June 29, 2000, and was recorded at the
North Carolina Secretary of State on July 24, 2000. All of the above was done in
accordance with North Carolina Statutes.
"It was anticipated in the very beginning that there would be instances where
properties may change from one county to the other when tax maps were properly
aligned with the county line survey.
"If this were the only property affected, then maybe it would not be so bad to
change it back, but it is not. Several properties have already been converted. Some
previous Iredell residents are now residents of Davie County and/or Rowan County.
What is bringing this to the forefront is the need for property to be taxed by the
jurisdiction in which it lays. The assessors have been adjusting their tax records to be in
accordance with the new survey. This is still to be accomplished with our neighbors to
the north — that is Wilkes and Yadkin — and Alexander to the west.
"In reviewing the new tax map, it appears that some of the Hoffner property has
always been in Iredell County, and to the best of my knowledge, there was no question
about this. It was just after the tax maps were correctly aligned with the county line that
it became a concern for the family.
"1 don't want to appear insensitive because I am not. I probably would feel the
same way if I were in that circumstance. But decisions of this magnitude must be made
on the basis of what is the best for the county now and into the future. For many reasons
it is important for us to know as exact as possible where the county line is — not where
we wish it to be. Knowing where it is insures that we are providing Iredell County
services to the proper recipients. Knowing where the line is insures that future land
transactions will be filed in the proper courthouse. Knowing where it is will insure that
persons vote in the correct jurisdictions. There are many reasons why we need to have a
static county line; therefore, I recommend to you that you deny the request to release the
Heffner property back to Rowan County."
OTION by Commissioner Williams to deny the Hoffner family's request to
release the property back to the Rowan County.
VOTING: Ayes — 5; Nays — 0.
---------------------------------------------CONSENT AGENDA ----------------------------------
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MOTTO by Commissioner Williams to approve the following eight (8)
consent agenda items.
VOTING: Ayes — 5; Nays — 0.
1. Request for Approval of a High Density Option from Venture Properties and
Pneu-Mech Systems (Location: Old Mountain Road & Island Ford Road): During
the briefing session, Planner Rebecca Harper recommended that Venture Properties and
Pneu-Mech Systems be allowed to develop under the high-density guidelines in the WS -
IV Critical Area of the Iredell County Watershed Protection Ordinance. She said the
request was in conjunction with the development of a Food Lion Shopping Center and
three other out parcels. Harper said the owners desired to exceed the standard allowance
of 24% and to develop the property with up to 70% impervious surfaces. Mrs. Harper
said the owners were proposing a wet detention pond that would be capable of removing
85% of the total suspended solids from the first one -inch of a rainfall. She said the
property was zoned for General Business, and it was designated for commercial uses in
the land use plan. Harper said the county currently had seven or eight detention ponds,
and they were primarily in the southern end of the county.
2. Request for Release of Zoning and Subdivision Jurisdiction for 1.46 Acres
to the Town of Mooresville from Mary Hewitt (Location: 904 Brawley School
Road): At the 5 p.m. meeting, Planner Whitney Hodges said a release of
zoning/subdivision jurisdiction to the Town of Mooresville, submitted by Mary Hewitt,
met the criteria requirements. She said the 1.46 -acre tract (PIN#4636795349) was
adjacent to the Town (north and west), and the Brawley School Road Peninsula Small
Area Plan designated the land as "transitional." She said "transitional" indicated the
site should be treated as a buffer between a higher -intensity use (commercial) and a
lower intensity (residential). Ms. Hodges said it was the intent of the owner to open a
cafe and gallery at the site, and this was in compliance with a transitional designation.
She said the Town approved the extension of water/sewer in February of this year, and
the owner had already requested voluntary annexation.
3. Request for Approval of the February Refunds & Releases: Tax
Administrator Bill Doolittle, at the briefing session, requested approval of the following
refunds and releases.
FEBRUARY 2005 TAX RELEASES & REFUNDS
Releases
Refunds
County
15,267.25
5,221.03
Solid Waste Fees
104.00
0
East Alexander Co. Fire # 1
7.32
7.49
Fire # 2
50.87
0
-Shepherd's
Mount Mourne Fire # 3
50.00
91.65
All County Fire # 4
975.05
3,776.76
Statesville City
1,526.15
0
Statesville Downtown
0
0
Mooresville Town
3,122.13
0
Mooresville Downtown
52.88
0
Mooresville School
1,125.78
0
Love Valley
0
0
Harmony
17.24
0
Troutman
844.20
0
Total
$23,142.87
$9,096.93
A complete list, of the individual
into the minutes by reference.
tax releases and refunds,
is hereby incorporated
4. Request from the Tax Administrator for the 2005 Board of Equalization and
Review Meeting Schedule to be as follows:
Date to Convene: Thursday, April 14, 2005
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Date to Adjourn: Thursday, June 16, 2005
5: Request from the Tax Collector for Approval to Advertise Real Property
Liens on Wednesday, April 13, 2005
6. Request for Approval of a Resolution Supporting the Revised Iredell County
Hazard Mitigation Plan: During the briefing session, Emergency Management
Director Tracy Jackson said the Hazard Mitigation Plan had been updated, and he
requested approval of the following resolution to indicate official acceptance of the
revisions.
Iredell County
Hazard Mitigation Plan
WHEREAS, the citizens and property within Iredell County are subject to the
effects of natural hazards and man-made hazard events that pose threats to lives and
cause damages to property, and with the knowledge and experience that certain areas,
i.e., flood hazard areas, are particularly susceptible to flood hazard events; and
WHEREAS, the County desires to seek ways to mitigate situations that may
aggravate such circumstances; and
WHEREAS, the Legislature of the State of North Carolina has in Part 6, Article
21 of Chapter 143; Parts 3, 5, and 8 of Article 19 of Chapter 160A; and Article 8 of
Chapter 160A of the North Carolina General Statutes, delegated to local governmental
units the responsibility to adopt regulations designed to promote the public health,
safety, and general welfare of its citizenry; and
WHEREAS, the Legislature of the State of North Carolina has in Section I Part
166A of the North Carolina General Statutes (adopted in Session Law 2001-214, Senate
Bill 300 effective July 1, 2001), which states in Item (a) (2) "For a state of disaster
proclaimed pursuant to G.S. 166A -6(a) after November I, 2004, the eligible entity shall
have a hazard mitigation plan approved pursuant to the Stafford Act"; and
WHEREAS, Section 322 of the Federal Disaster Mitigation Act of 2000 states
that local government must develop an All -Hazards Mitigation Plan in order to receive
future Hazard Mitigation Grant Program Funds, and
WHEREAS, it is the intent of the Board of Commissioners of Iredell County to
fulfill this obligation in order that the County will be eligible for state assistance in the
event that a state of disaster is declared for a hazard event affecting the County.
NOW THEREFORE, BE IT RESOLVED that the Board of Commissioners of
Iredell County hereby:
1. Adopts the Iredell County Hazard Mitigation Plan; and
2. Vests the County Manager with the responsibility, authority, and the means to:
(a) Inform all concerned parties of this action.
(b) Cooperate with Federal, State and local agencies and private firms which
undertake to study, survey, map, and identify floodplain or flood -related
erosion areas, and cooperate with neighboring communities with respect to
management of adjoining floodplain and/or flood -related erosion areas in
order to prevent aggravation of existing hazards.
(c) Adjust the boundaries of County and municipal planning jurisdictions
whenever a municipal annexation or extraterritorial jurisdiction revision
results in a change whereby a municipality assumes or relinquishes the
authority to adopt and enforce floodplain management regulations for a
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particular area in order that all Flood Hazard Boundary Maps (FHBMs) and
Flood Insurance Rate Maps (FIRMS) accurately represent the planning
jurisdiction boundaries. Provide notification of boundary revisions along
with a map suitable for reproduction, clearly delineating municipal corporate
limits and extraterritorial jurisdiction boundaries to all concerned parties.
3. Appoints the County Manager to assure that the Hazard Mitigation Plan is
reviewed annually and in greater detail at least once every five years to assure that
the Plan is in compliance with all State and Federal regulations and that any
needed revisions or amendments to the Plan are developed and presented to the
Iredell County Board of Commissioners for consideration.
4. Agrees to take such other official action as may be reasonably necessary to carry
out the objectives of the Hazard Mitigation Plan.
7. Request for Approval of a Resolution Designating Southern Community
Bank and Trust Company as an Official Depository of the County: Due to a banking
merger and name change (Community Bank merged with Southern Community Bank
and Trust), the county manager explained at the briefing session that a resolution was
needed to designate Southern Community Bank and Trust as an official depository for
the county. He said the institution, located in Union Grove, N.C., was formerly known
as Community Bank.
8. Request for Approval of the February 25 & 26, 2005 Winter Planning Session
Minutes and the Briefing & Regular Minutes of March 1, 2005:
END OF CONSENT AGENDA
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS &
COMMISSIONS
Centralina Workforce Development Board II announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Adult Care Home Communitv Advisory Committee 6 appointments): No
nominations were submitted, and Chairman Tice made a motio to postpone the six
appointments until the April 1 meeting.
VOTING: Ayes — 5; Nays — 0.
Nursin2 Home Advisory Committee 1 aRpoii tment : No nominations were
submitted, and Commissioner Johnson made a motion to postpone the appointment
until the April I meeting.
VOTING: Ayes — 5; Nays — 0.
Commissioner Williams encouraged anyone who might be interested in serving
on one of the committees to contact the clerk or a board member. He said the
committee members helped to provide some accountability on the part of the nursing
and adult care home providers, and it was important to protect the county's elderly
citizens.
NEW BUSINESS
RELOCATION OF THE WORLD WAR I MONUMENT AT MITCHELL
COMMUNITY COLLEGE: Commissioner Johnson said some of the Veterans in the
county had been voicing concerns about the relocation of the WWI monument located
on the college's campus. He said the county had previously been requested to accept
the monument and place it on county grounds. Johnson said the commissioners did not
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initiate the monument's removal and relocation; however, they were being blamed for
the action. He said it was the college's board of trustees that had requested the county
to accept the monument. Johnson said the county was willing to allow the monument to
be situated in an appropriate area to pay tribute and honor to the WWI veterans.
County Manager Mashburn added that when he was first approached about the
matter, he was told the Veteran's groups would help Mitchell College in the costs for
the removal of the monument and its refurbishing.
COUNTY MANAGER'S REPORT: A written activity report was distributed.
ADJOURNMENT: At 8:20 p.m., Chairman Tice made a otion to adjourn
the meeting. (NEXT MEETING: Wednesday, March 30, 2005, 7:00 P.M. for a Joint
Meeting with the Statesville City Council regarding the Urban Service Area
Agreement.)
VOTING: Ayes — 5; Nays — 0.
Approval:
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Clerk to the Board