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HomeMy WebLinkAboutMay_3_2005_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES MAY 3, 2005 The Iredell County Board of Commissioners met in Regular Session on Tuesday, May 3, 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 & Code Enforcement Director Lynn Niblock, Planning Supervisor Steve Warren, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice. INVOCATION by Commissioner Robertson. PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to approve the following agenda adjustments: Deletions: *Request for a Decision Regarding Participation in the Beaver Management Assistance Program *Request from the Sheriff's Office for Approval of a Software Agreement (Sungard Open Software Solutions, Inc.) VOTING: Ayes — 5; Nays — 0. Proclamation Recognizing May as Mitchell Community College Month: MOTION by Chairman Tice to approve a proclamation declaring the month of May 2005 as Mitchell Community College month. VOTING: Ayes — 5; Nays — 0. Proclamation Recognizing May as Mitchell Community College Month WHEREAS, Mitchell Community College is the primary deliverer of workforce development for adults in Iredell County; and WHEREAS, our community is fortunate to have access to an excellent community college as a significant part of our education system which provides opportunities and cultural development for Iredell County citizens; and WHEREAS, education is a never-ending process and those individuals who are the most productive are those who continue their intellectual capacities, to grow with the times in which they live and to work to achieve their highest potential; and WHEREAS, it is recognized that in this era of rapidly changing techniques and new approaches to many aspects of our economic life, the development of new skills and the exploration of new fields of endeavor are of vital importance to the continued security and economic growth of our nation. NOW, THEREFORE, the Iredell County Board of Commissioners hereby urges all citizens of Iredell County to join in saluting Mitchell Community College in special recognition of its more than 150 years of existence and to declare the month of May 2005 as Mitchell Community College Month. Dr. Doug Eason, the President of the college, accepted the proclamation and said Mitchell was available to the county's residents for their educations and for job training. He said last year's nursing students, who attended a two-year program, had a 100% state exam passage rate, and this was on their first attempt. Eason said Mitchell's nursing class took the same exam as students from four-year universities. He said Mitchell was one out of only three institutions in the state that had a 100% passage rate. In regards to the college's assistance in economic development and attempts to provide aid for new and existing industries, Dr. Eason said consortium grants from the NC Department of Commerce totaling $181,641 had been received. Proclamation in Regards to Building Safety Week: May 8-14, 2005: MOTION by Commissioner Norman to approve a proclamation declaring May 8-14, 2005 as Building Safety Week. VOTING: Ayes — 5; Nays — 0. Proclamation for Building Safety Week 2005 May 8-14 Whereas, through our continuing attention to building safety, we enjoy the comfort and peace of mind of structures that are safe and sound; and, Whereas, building safety and fire prevention officials are at work year round to guide the safe construction of buildings; and, Whereas, the dedicated members of the International Code Council, including building safety and fire prevention officials, architects, engineers, and others in the construction industry, develop and enforce codes to safeguard Americans in the buildings where we live, work, play and learn; and, Whereas, the International Codes, the most widely adopted building safety and fire prevention codes in the nation, are used by most U.S. cities, counties and states. These modern, building safety codes also include safeguards to protect the public from natural disasters that can occur, such as snowstorms, hurricanes, tornadoes, wild land fires and earthquakes; and, Whereas, Building Safety Week sponsored by the International Code Council Foundation, is an excellent opportunity to educate the public. It is a perfect time to increase public awareness of the role building safety and fire prevention officials, local and state building departments, and federal agencies play in protecting lives and property; and, Whereas, this year's theme, "Making Homes, Schools and Workplaces Safer Together,' encourages all citizens to raise our awareness of building safety, and to take appropriate steps to ensure that the places where we live, work, play and learn are safe. Countless lives have been saved because of the building safety codes adopted and enforced by local and state agencies; and, Whereas, this year, as we observe Building Safety Week, we ask all citizens to consider projects to improve building safety at home and in the community, and to recognize the local building safety and fire prevention officials and the important role that they play in public safety. Now, Therefore, it is hereby proclaimed that May 8 through May 14, 2005, shall be Building Safety Week in Iredell County. Accordingly, our citizens are encouraged to join their fellow Americans in participating in Building Safety Week activities and assisting efforts to improve building safety. APPOINTMENT BEFORE THE BOARD Presentation from Mr. Dan McClure with Carolina Land & Lakes Resource, Conservation & Development (RC&D): Mr. McClure provided a PowerPoint presentation on the activities of the RC & D based in Hickory, NC. He said the organization consisted of Alexander, Burke, Caldwell, Catawba, Iredell, and Lincoln Counties, and it was one of ten in North Carolina. McClure said the RC & D worked closely with the local Soil and Water Conservation office. He said a council 2 decided what projects to undertake and some recent ones were the Fourth Creek Clean- up, Free Nancy Branch Stream Bank Restoration and Greenway Project, Rocky Face Environmental Education Park Clean-up Day, Caldwell County Girl Scout Camp (project on the flood control structures) and paddle trails on the southfork of the Catawba River. McClure said the projects had to have local support, an achievable outcome, and public funding. Commissioner Williams said the organization was providing valuable services without any funding from the county. (Mr. McClure did not request any funding from the county.) PUBLIC HEARINGS Chairman Tice declared the meeting to be in a public hearing. Request for the Consideration of an Economic Development Incentive for Lowe's Company Inc., should the Business Choose Iredell County as the Site for a new Appliance Distribution Center: Economic Developer Jeff McKay said the Lowe's Company was considering the possibility of constructing a 300,000 sq. ft. appliance distribution center near its Tomlin Mill Road site. McKay said the company's minimum investment would be $12 million and 50 new jobs would be created. He requested for the board to allow the company to participate in the industrial incentive program, and he said under the current guidelines, Lowe's would be eligible to receive $208,800.00, over a five-year period. McKay said the tax revenues during the five years would be $261,000 (current rate). No one else desired to speak, and Chairman Tice closed the hearing. MOTION by Commissioner Robertson to grant an economic development incentive of $208,800 (over a five year period) to the Lowe's Company based upon a $12 million investment should the business choose Iredell County as the location for an appliance distribution center. VOTING: Ayes - 5; Nays - 0. Chairman Tice declared the meeting to be in a public hearing. Rezoning Request; Charles Larry Johnson Property, Case No. 0504-1: To Rezone Property from M-2, Heavy Manufacturing to GB, General Business District Location: 1682 & 1684 West Memorial Highway, Union Grove, NC: Planning Supervisor Steve Warren said the owner/applicant desired for property to be rezoned from M-2 to GB. He said last month, an adjacent property owner (Clay Lunsford) had a rezoning case approved from M-2 to GB. Mr. Warren then described the staff report, for the Johnson request, which is as follows: OWNER: Charles Larry Johnson PO Box 309 Union Grove, NC 28689 LOCATION: 1682 & 1684 W. Memorial Highway, more specifically identified as PIN# 4853-20-8444. Directions: 1-77 north to exit 65, turn left onto Memorial Highway/ NC 901, on the right. REQUESTED ACTION AND CONDITIONS: Rezone the property from M-2, Heavy Manufacturing Zoning District to GB, General Business Zoning District. PROPOSED USE: Restaurant with alcohol sales. SIZE: The total parcel is 3.133 acres. EXISTING LAND USE: Commercial 3 SURROUNDING LAND USE: Residential, commercial, and vacant WATERSHED REGULATIONS: A small portion in eastern corner of this property is located in the WS -III Balance of Watershed. TRAFFIC: The capacity for this stretch of West Memorial Highway is 9,000 vehicles per day. In 2003, the estimated daily traffic count was 5,200 vehicles per day. Down zoning this property would likely increase the traffic along this stretch of West Memorial Highway. However, the possible impacts would not bring the road close to the maximum carrying capacity. ZONING HISTORY: This property has been zoned M-2 since countywide zoning went into effect in 1990. The GB property to the cast was rezoned from M-2 in 2003, Case # 0303-3. The GB Property to the west was rezoned from M-2 in March 2005, Case # 0502-2. STAFF COMMENTS: The rezoning of this property to GB still allows for some lower intensity industrial uses but allows for other uses such as the one the applicant proposes. Presently, this node has no industrial uses but has been developed with retail uses. The rezonings in 2003 and 2005 further substantiates that this node is being developed as retail rather than industrial. This is evident from the past rezonings in the area also. For these reasons, the staff recommends in favor of the rezoning request to GB. PLANNING BOARD RECOMMENDATION: On April 6, 2005, the Planning Board unanimously recommended in favor of the rezoning request, by a vote of 8-0. Commissioner Williams asked if the proposed use would be for a restaurant or a bar. Warren said most of the sales would be from food; however, alcoholic beverages would be sold. He said the zoning ordinance specified "restaurants or eating establishments that sale alcoholic beverages." Warren said the ABC permits would have to be obtained from the state. Williams mentioned that most of the sales would have to be from food. Warren said this was correct. No one else requested to speak, and Chairman Tice adjourned the hearing. MOTION by Commissioner Johnson to grant the request for Charles Larry Johnson, Case No. 0504-1 from M-2 Heavy Manufacturing Zoning District to GB, General Business Zoning District. VOTING: Ayes - 5; Nays - 0. Chairman Tice declared the meeting to be in a public hearing. Rezoning Request; Malcolm Thompson Property, Case No. 0504-2: To Amend the Iredell County Land Use Plan and to Rezone Property from RA, Residential Agricultural to CB, Community Business District: Planning Supervisor Warren said Mr. Malcolm Thompson was requesting to rezone property from RA to CB, and a specific use had not been specified. He said the planning board had denied the request due to the belief that a change in the land use plan would be premature, and also because of opposition from nearby residents. Mr. Warren then described the staff report which is as follows: OWNER: Malcolm J. Thompson 1072 Tomlin Mill Road Statesville, NC 28625 4 APPLICANT: Leroy Templeton 134 Homestead Road Harmony, NC 28634 LOCATION: 197 Josey Road, more specifically identified as PIN# 4759-15- 1807. Directions: I-77 north to exit 59, turn right onto Tomlin Mill Road, turn left onto Josey Road, on the left. REQUESTED ACTION AND CONDITIONS: Amend the Land Use Plan and rezone the property from RA, Residential Agricultural Zoning District to CB, Community Business Zoning District. PROPOSED USE: Any and all uses permitted in the CB District SIZE: The total parcel is 1.684 acres. EXISTING LAND USE: Residential SURROUNDING LAND USE: Residential and Interstate WATERSHED REGULATIONS: This property is not in a watershed TRAFFIC: According to the 1993 Iredell County Thoroughfare Plan, this road is designated as a local road and not an arterial. Tomlin Mill Road, the road that Josey Road comes off of, is designated as a minor arterial and has a capacity of 12,000 vehicles per day. In 2003, the estimated daily traffic count was 710 vehicles per day. ZONING HISTORY: This property has been zoned RA since countywide zoning went into effect in 1990. STAFF COMMENTS: This property has not been designated for commercial uses in the Land Use Plan. It is approximately 500 feet from the proposed commercial area, which has not even come close to being developed. The traffic count along Tomlin Mill Road will not support expanding the commercial node at this time. At a later date, when the commercial node has developed out the might be a more suitable time to amend the Land Use Plan and expand the commercial node. Therefore, staff recommends against this request. PLANNING BOARD RECOMMENDATION: On April 6, 2005, the Planning Board recommended to deny this rezoning request, by a vote of 5-3. Commissioner Johnson asked if the request would be more acceptable if a site plan had been presented. Warren said a better evaluation of the request could be obtained with a site plan. Wade A. Campbell (opposition) said he was interested in knowing what type of business would be on the site. He said that at the planning board meeting, the applicant had said a used -car lot would be on the property. Mr. Campbell said he would be opposed to a used -car lot, due to the noise that would be created when customers drove the vehicles up-and-down the road. James Winebartzer (opposition) said approximately 20 homes were within a one- half mile distance or less of the property. He voiced opposition to having a used -car lot in the neighborhood. Charles Keller (opposition) stated his wife was sick and on dialysis. He said his wife was extremely upset about the proposed used -car lot and the prospect of having unknown people coming into the neighborhood. Mr. Keller said he could get a doctor's note explaining the severity of his wife's condition, if necessary. Chuck Campbell (opposition) said he had small children who were already exposed to the noise originating from I-77. He said it was difficult for the children to play and ride their bikes in the neighborhood. No one else desired to speak, and Chairman Tice adjourned the hearing. Commissioner Williams said he typically sided with property owners in rezoning cases; however, in this particular situation, the site was clearly outside the commercial node. Mr. Williams said also, several other individuals who could not attend the meeting, were against the request. OTION by Commissioner Norman to deny the request of Malcolm J. Thompson (Case No. 0505-2) from RA to CB. VOTING: Ayes — 5; Nays — 0. Chairman Tice declared the meeting to be in a public hearing and requested that all persons desiring to speak regarding Case 0504-3, and the conditional uses, to proceed to the dais for the oaths. Rezoning Request; Shirley Kay Levan Property, Case No. 0504-3: To Amend the Iredell County Land Use Plan and to Rezone Property from RA & NB, Residential Agricultural and Neighborhood Business to HB -CUD, Highway Business Conditional Use District: Planning Supervisor Warren said the conditional use for this request was that the property could be used only for an animal hospital. He then described the staff report which is as follows: OWNER: Shirley Kay Levan 1033 Chatham Ford Road Hiddenite, NC 28636 AGENT: Albert Hiatt 1602 Davie Avenue Statesville, NC 28677 LOCATION: Corner of Scotts Creek Road and Wilkesboro Highway/ NC 115, more specifically a portion of PIN # 4736-11-0736. Directions: Highway 115 north, on the southwest corner of Scotts Creek Road. REQUESTED ACTION AND CONDITIONS: Amend the Land Use Plan and rezone a portion of the property from RA, Residential Agriculture Zoning District and NB, Neighborhood Business Zoning District to HB -CUD, Highway Business — Conditional Use Zoning District. The proposed condition is for an Animal Hospital only. PROPOSED USE: Animal Hospital SIZE: The area proposed to be rezoned is 2.321 acres. The total parcel is 3.557 acres. EXISTING LAND USE: Commercial and Residential SURROUNDING LAND USE: Residential, commercial, and vacant WATERSHED REGULATIONS: This property is not located in a watershed TRAFFIC: According to the 1993 Iredell County Thoroughfare Plan, the capacity for this stretch of roadway is 12,000 vehicles per day. In 2003, the estimated daily traffic count was 9,500 vehicles per day. Amending the Land Use Plan should not impact the amount of traffic at this intersection, since the use is intended to draw customers from the surrounding residential areas. ZONING HISTORY: This property has been zoned RA and NB since countywide zoning went into effect in 1990. 6 STAFF COMMENTS: This property is at the intersection of two major roads in the County. There is a gas station to the north of this property as well as other businesses in the area. Amending the Land Use Plan would allow only for the proposed use as an animal hospital, which would not draw a tremendous amount of traffic. Only rezoning a portion of the property, and a required 30 - foot buffer along all adjacent residentially zoned properties, will protect the neighboring residential uses from any negative impacts associated with the proposed use. For these reasons, staff recommends in favor of the rezoning request to HB -CUD. PLANNING BOARD RECOMMENDATION: On April 6, 2005, the Planning Board unanimously recommended to update the Iredell County Land Use Plan and recommended in favor of this rezoning request, both by a vote of 9-0. Commissioner Robertson asked if there was a limit on the number of animals that could be housed overnight. Warren said there wasn't a limitation. Robertson said the staff's information indicated that animals being treated at the facility would be housed inside. He asked what the consequences would be if the animals were confined to a fenced -in area outside the facility. Warren said this wasn't mentioned as a condition. He said the only other criteria that had to be met were the standard zoning requirements (buffer, setbacks, building and site plan and health department guidelines). Warren said there would be no consequences, as far as the zoning ordinance, if the animals were kept outside. He said there might be something in the veterinarian's hospital license with the state. Dan Combs (opposition) a resident of Ellenburg Road, read a letter from Mrs. Brenda Rumple. Rumple wrote that she had a sleep disorder and her grandchildren, who lived next door, had health problems. She indicated the children's illnesses ranged from allergies to heart problems and hemophilia. Rumple said another health concern, should the animal hospital locate near her, was that she wouldn't be able to build a new water system if her supply became contaminated. For these reasons, she asked the board to deny the request. Combs said he understood the proposed facility would be for small animals, but he knew that Dr. Cartner, the veterinarian who was proposing to build the hospital, treated large animals such as horses. Mr. Combs said he preferred for the site to be used for residential purposes, and should an animal hospital be constructed, he had concerns about the noise, odors, and any sewage runoff. He said there was "county water" in the area, but most residents relied on wells that were shallow. Albert Hiatt, a local realtor, said the size of the site was four acres with 2.3 being in the rezoning request. He said previously, the site had two mobile homes, and consequently, there were two septic systems. Hiatt said any septic system placed on the site for the hospital would have to be in compliance with state regulations. Mr. Hiatt said the realty office where he worked (Davie Avenue, Statesville, NC) was next door to an animal hospital, and he parked his car within 10 feet of the facility. Hiatt said the facility was not noisy, and it did not have any odors. He said the area selected by Dr. Canner was well suited for an animal hospital. Dr. Jim Cartner, the veterinarian proposing to build at the site, said the facility would be for small animals. He said the zoning was already neighborhood business and this allowed for stables. Cartner said all of the water treatment would have to meet the county and state requirements. He said his facility in Stony Point was near a doctor's office and a residential community. He said the homes in Stony Point were much closer than any of the ones near the proposed site. 7 Commissioner Williams asked Dr. Cartner if he had met with the residents about their concerns. Cartner said no. Commissioner Robertson asked if there would be a 30 -feet buffer, or if it might actually be more. Cartner said a minimum of 30 feet was required. He said an exact site plan had not been created. He said the existing animals in the neighborhood would make more noise than any being treated at his facility. Commissioner Johnson said he would feel better if the property had sewer. He said the health department staff had indicated that any systems for an animal hospital would have to be more elaborate than a standard household unit. Cartner said it would be a three-tier tank system where the sewer filtered through. He said the system would be monitored by the county. Planning Board Member Jeff McNeely, spoke and encouraged approval of the rezoning. He said the planning board unanimously approved the request on April 6. McNeely said the county did not have that many animal hospitals, and the proposed one on the Levan property would not impact the area's traffic. No one else desired to speak, and Chairman Tice adjourned the hearing. MOTION by Commissioner Norman to deny the request of Case No. 0504-3 (Shirley Levan) that would amend the Land Use Plan and rezone the property from RA to NB -CUD. VOTING: Ayes — 5; Nays — 0. Chairman Tice declared the meeting to be in a public hearing. Consideration of Zoning Ordinance Amendments for the Purpose of Allowing Agricultural Tourism in Certain Districts: Planning Supervisor Warren said the Planning Board was recommending an amendment to the text of the zoning ordinance to allow agricultural tourism, by special use permit, in three districts. He said the districts were RA, RU -R, and R-20 by special permits issued by the board of adjustment. He then reviewed the amendment which is as follows: Section 8.3 Table of Permitted Uses and Special Uses Use Tv es RA RU -R R -R R-20 R-12 R-8 R -SA RO 01 NB HB SC CB GB M-1 M-2 SR Agricultural Tourism S S S 53 Article IX. Special Requirements Notes to the Table of Permitted and Special Uses SR 53. Agricultural Tourism Agricultural tourism uses shall meet the following standards: A. The facility or activity must be operated in association with an existing bona fide farm located on the same property, or an adjoining property under the same ownership. In cases where the agricultural use ends or the farm loses its bona fide status the agricultural tourism use shall be discontinued. 9 B. The facility must be located in such a manner that visual impacts to adjoining properties used or zoned for residential or agricultural purposes is minimal. C. All tourism structures, parking, (non-farm) storage area, and other uses related to the tourism facility must have an eighty (80) foot buffer from all side property lines or a fifty (50) foot buffer if screened according to the requirements of Article 12.1 set forth in this ordinance and must be thirty (30) feet from the road right-of-way. Existing cropland that is not part of the agricultural tourism activity shall be factored into the buffer requirement. D. All lighting shall be directed inward in such a manner so as not to produce glare onto adjacent property and so that the primary cone of illumination does not extend beyond the property lines. E. All permanent parking areas associated with the agricultural tourism shall be screened from adjoining uses or zoned for residential. Screen shall meet the requirements of Article 12.1 set forth in this ordinance. The planning supervisor or his designee shall approve temporary parking on a case-by-case basis. Off-site parking is not permitted. G. There shall be a separation of at least two hundred (200) feet between residences on adjoining tracts and any building used for the agricultural tourism operation. H. All on premise signs shall meet the requirements of Section 11.17 (F) of the Iredell County Zoning Ordinance. All agricultural tourism activities shall be required to obtain a special use permit issued by the Board of Adjustment. A revision to the special use permit is required for any substantial changes or additions to agricultural tourism operation. The Planning Supervisor or his designee can approve minor revisions. Article XVIII. General Legal Provisions; Penalty for Violation, Section 18.6.A General Definitions Agricultural Tourism. An enterprise or activity operated on a bona fide farm and offered to the public or to invited groups for the purpose of recreation, education, active involvement or the sale of value-added products and services. These activities must be related to agriculture or natural resources and be incidental to the primary operation on the site. Agriculture. The science, art, business, or practice of cultivating the land or raising stock including the harvesting of crops, and the rearing and management of livestock; tillage; forestry. Commissioner Williams gave the following scenario to ensure everyone understood the amendment. A person grows red apples on his/her property, places them in the back of'a pickup truck, parks the vehicle alongside the roadway, and then sells them to drivers passing by. This is legal at the present time; however, if the individual purchases yellow apples from the mountains and sells them alongside of the red apples, then a special use permit costing $'350 would be needed. Warren said this was correct. He said the cost would be a one-time only charge unless more components were added. 9 Williams said a special use permit would even be needed if a neighbor, who also grew apples on his/her farm, brought them over to be sold alongside of the red apples. Warren said seasonal sales would probably not require a permanent parking area. Warren said an unused vacant field would suffice for parking as long as it was cordoned off, and it did not cause any problems. Williams said a local farmer was in the audience who already engaged in agricultural tourism. Williams said it was his understanding this individual would be grandfathered in the ordinance. Warren said that if the farmer maintained the current volume or intensity this would be acceptable (grandfathered); however, if the individual decided to introduce another component, for example, crafts, then this would be a totally new "value added product." He said this would dictate the purchase of a special use permit. James Meacham, the Executive Director of the Statesville Convention and Visitor's Bureau, encouraged the passage of the agricultural tourism amendment. Meacham said there were numerous grant programs to aid in this type of venture and one of these was the Golden Leaf Grant. He said $25,000 was recently awarded to the Yadkin Valley region for vineyard marketing. Meacham said his organization had a nonprofit status, and it could be utilized to help promote agricultural tourism, along with assisting in trying to alleviate some of the financial burdens the farms might have in purchasing a special use permit. Doug Carries, the owner/operator of Carrigan Farms, encouraged approval of the amendment. Carrigan said agricultural tourism activities would then be available to any farms wanting to provide them, but the amendment would not be a detriment to the existing farmers. Mr. Carrigan said his farm had to evolve as the community changed. No one else desired to speak, and Chairman Tice adjourned the hearing. Commissioner Johnson said he wanted to make sure the amendment didn't create any problems, especially anything as serious enough to prompt a farmer to apply for a federal grant to alleviate a financial burden. He said there was a need, however, to establish some legitimacy for some of the activities already occurring. Johnson said the amendment could be helpful, but there needed to be an understanding that it might need to be revised in the future. Johnson said he understood the $350 special use permit was an across-the-board fee. He asked if the permit could be reduced for the agricultural community. Attorney Pope asked if the question was, "Is it lawful to charge a different fee for a special use permit for one application versus another application?" He said if so, then he felt it would be lawful. Johnson said another concern was about setbacks. He said individuals were being taxed on their property, but then the government was telling them they couldn't use a portion of it. Johnson said the practice of using setbacks should be eliminated when possible. He referred to the amendment's item C that stipulated an 80 -foot buffer (from all side properties) or a 50 -foot buffer, if screened. He asked Mr. Warren why the 80 feet was necessary. Warren said in some instances 80 feet would not be enough and in others, it might be "overkill." He said this was somewhat subjective, and it could be changed. Johnson said that if 80 ft. were used, and there was a 100 -foot run, then that was a 1/5 of an acre that couldn't be used, but it was being taxed. He suggested a 50 -ft. setback and 30 ft., if screened. Commissioner Robertson said the intent of the amendment was to allow individuals with farms who were already conducting commercial activities in a retail 10 way to be in compliance with the zoning ordinance. He said the amendment would allow farmers to legitimately engage in agricultural tourism activities. Robertson said that in the future, if it appeared the amendment was too restrictive, or it had the opposite effect of its initial intent, it could be reviewed again. OTION by Commissioner Johnson to approve the zoning ordinance amendment pertaining to agricultural tourism with revisions as follows: a. The special use permit will be set at $100.00 (just for agricultural tourism). b. There will be a 50 -foot buffer from all side property lines or a 30 -foot buffer if screened according to the requirements of Article 12.1. c. The board reserves the right to re -review the zoning (agricultural tourism) ordinance should it be found that hardships are occurring in the agricultural community. VOTING: Ayes — 5; Nays — 0. -----------------------------------------CONSENT AGENDA ------------------------------------ items. OTION by Chairman Tice to approve the following three consent agenda VOTING: Ayes — 5; Nays — 0. 1. Request from the Sheriff's Department for Approval of Budget Amendment #48 for the Purchase of Two Vehicles at a Cost of $52,203.13: During the agenda briefing, Purchasing Agent Dean Lail and Chief Deputy Rick Dowdle said, originally, it was intended for the sheriffs department to lease two vehicles; however, this method was found to be less cost effective than an actual purchase. Lail said the lease amortized the cost of the vehicles by 50% over the first year, and the residual was amortized over the second year's option, if exercised. Mr. Lail said the staff was recommending for the vehicles to be purchased from the following funding sources: $41,996 from the sheriffs vehicle budget (Acct. #650000) +15,000 from seized funds (budget amendment will be for this amount) $56,996 Chief Deputy Dowdle gave the following description of the two vehicles: • One Sheriff's Emergency Response Team (SERT) Vehicle— Crew type cab (four door) and a specially built box body at a cost of................................................................. $26,546.00 • One full-size delivery truck to be used for the transporting of food for the jail — vehicle body is on a 3/a ton series Chevrolet truck chassis (The vehicle will have to accommodate meal carts and other equipment.) The cost will be ........................ 24,125.00 • Use tax and tag fees ................................................ 1,532.13 $52,203.13 Lail said that due to the vehicles being specially configured for use as test vehicles, and the sheriffs department had been using them for the past three months, that they would fall under the "exception category" of the state statute. Lail said this permitted the vehicles to be purchased without going through the bid process. He said Randy Marion Chevrolet had supplied the vehicles. 2. Request for Approval of a Reimbursement Agreement with the Town of Mooresville for $200,000 in Conjunction with a Water Line Extension to Dale Earnhardt, Inc: During the agenda briefing, Economic Developer Melanie O'Connell Underwood requested approval of an agreement between the county and the Town of 11 Mooresville. Underwood said Mooresville had agreed to extend a water line to the racing facility that planned to expand in the future and create 20 new jobs. She said the document stipulated the county would participate in the cost by reimbursing Mooresville as new commercial tax base was created up to $200,000. 3. Request for Approval of the April 19, 2005 Minutes END OF CONSENT AGENDA ----------------------------- ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Fire Tax District Board (1 announcement) Juvenile Crime Prevention Council (3 announcements) APPOINTMENTS TO BOARDS & COMMISSIONS Adult Care Home Communitv Advisory Committee 5 appointments): No nominations were submitted, and Chairman Tice made a otion to postpone these appointments until the May 17 meeting. VOTING: Ayes — 5; Nays — 0. Nursin Home Advisory Committee 1 appointment): No nominations were submitted, and Chairman Tice made a motion to postpone the appointment until the May 17 meeting. VOTING: Ayes — 5; Nays — 0. Industrial Facilities & Pollution Control Financing Authority (2 appointments): Commissioner Norman nominated Jeff McKay and Lois James for reappointments on the industrial revenue bond board. No other nominations were submitted, and Chairman Tice made a motion to appoint McKay and James by acclamation. VOTING: Ayes — 5; Nays — 0. Centralina Workforce Development Board (2 appointments): Commissioner Norman nominated Jan Comer and Dan Wallace for reappointments to the CWDB. No other nominations were submitted, and Chairman Tice made a mono to appoint Comer and Wallace by acclamation. VOTING: Ayes — 5; Nays — 0. NEW BUSINESS: Commissioner Johnson said there were several people in the county suffering from Lyme Disease. He asked Commissioner Robertson, who serves on the board of health, to work with the health staff in determining if Iredell County seemed to be having a disproportionate share of Lyme Disease cases based on population with other counties. Johnson said the illness was very debilitating and there wasn't a special clinic in the county to treat the affected people. He said perhaps the health board could send a letter to the state asking for more information on the severity of the disease in the county. Commissioner Robertson said he would work with the health staff regarding the request. Scott Clontz, a resident of the Cool Springs community, was allowed to speak and said Lyme Disease "mirrored" other diseases. Clontz said he knew several people who had the disease and one of these had all five strains. He said the lab used to confirm 12 the disease had commented that it was highly uncommon for an American to have all five strains. Mr. Clontz said Iredell County residents happened to be the predominate clientele of the Jemsek Clinic, the closest blood disorder facility (Exit 23/Huntersville). Chairman Tice said Mr. Robertson could bring a report of his findings at the next board meeting. COUNTY MANAGER'S REPORT: County Manager Mashburn announced that Emergency Management Director Tracy Jackson had completed the County Administration Course offered by the School of Government at the University of North Carolina at Chapel Hill. ADJOURNMENT: MOTIO by Chairman Tice to adjourn the meeting at 9:05 p.m. (NEXT MEETING: Tuesday, May 17, 2005, 5 & 7 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC.) VOTING: Ayes — 5; Nays — 0. Approved: 13 Clerk to the Board