HomeMy WebLinkAboutNovember_15_2005_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
NOVEMBER 15 2005
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
November 15, 2005, at 7:00 PM, in the Iredell County Government Center (Commissioners'
Meeting Room), 200 South Center Street, Statesville, NC.
Present were:
Chairman Sara Haire Tice
Steve Johnson
Marvin Norman
Ken Robertson
Absent: Vice Chairman Godfrey Williams
Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy
County Manager Susan Blumenstein, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Tice.
INVOCATION by Commissioner Johnson.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 363 affiliated with New Salem
Methodist Church in Statesville, NC led the Pledge of Allegiance. The scouts were Matt Laney,
Tucker Hobbs, Austin Reed, Brandon Perry, Dustin Laney, Travis Williams, Austin Ryan, and
Wesley Poplin. Scoutmaster Merlyn Perry and Assistant Leader Randy Fultz accompanied the
boys to the meeting.
ADJUSTMENTS OF THE AGENDA: OTION by Chairman Tice to adjust the
agenda by adding an economic development closed session pursuant to G.S. 143-318.11 (a) (4).
VOTING: Ayes — 4; Nays — 0.
APPOINTMENT BEFORE THE BOARD
Presentation of the Comprehensive Annual Financial Report for the Fiscal Year
Ended June 30, 2005 by Marcy Spivey with Martin Starnes & Associates CPAs, PA: CPA
Marcy Spivey presented the financial report for the year extending from July 2004 through
June 30, 2005 and announced there were no findings. She said the audit was rendered with an
"unqualified opinion," and (1) financial statements, (2) internal controls (3) laws/regulations
relating to contracts and grant agreements (4) internal controls over major departmental
programs (5) federal programs and (6) state programs along with federal and state awards were
all reviewed.
Spivey said that as of June 30 the unreserved fund balance in the General Fund was
$21,206,639 or 18.90% of total general fund expenditures and transfers to other funds. She said
the strong fund balance showed good economic planning, and the county compared favorably to
like -sized counties as well as to larger ones. As far as the county's debt, Spivey said most of the
financial obligations were for schools or school construction, and there wasn't much owed for
general governmental projects. In conclusion, Spivey said the audit had been approved by the
Local Government Commission.
Finance Director Blumenstein said that in regards to FY 05-06, the economy was not "set
in stone," but there was some growth. She said fuel prices were still a concern, but they seemed
to be stabilizing. Blumenstein added that at the next meeting, an $891,000 budget amendment
would be presented for approval. She said the money would be appropriated to the school
systems for sales tax refunds and beer and wine revenues in excess of what had been budgeted
for 04-05. Mrs. Blumenstein said the county's fund balance would then be reduced to 16%
which was still comparable to like -sized counties.
Commissioner Robertson said the audit showed (1) that the financial staff and
departments were abiding by rules and regulations and being good stewards of the taxpayers'
money and (2) that an outside independent auditor had delivered a report indicating the county
was being financially responsible and dedicating much of its resources to education. He said the
report showed that education, and its funding, was a priority of the board.
Commissioner Johnson said Easley, known as the "education Governor," wanted the
schools to return $750,000.00 to the state. He pointed out that while the Governor was taking
money away from the schools, the county planned on giving them an additional $891.000.
MOTIO by Commissioner Johnson to approve the following five consent agenda items.
VOTING: Ayes — 4; Nays — 0.
1. Request for Approval of the October 2005 Refunds and Releases: Tax Administrator
Bill Doolittle advised during the briefing session that everything was in order for approval of the
following tax refunds and releases.
OCTOBER 2005 TAX RELEASES & REFUNDS
Releases
Refunds
County
30,263.60
1,185.16
Solid Waste Fees
559.00
52.46
East Alexander Co. Fire 41
198.36
0
Shepherd's Fire # 2
84.32
3.43
Mount Mourne Fire # 3
314.47
0
All County Fire # 4
1,213.91
128.41
Statesville City
3,409.18
0
Statesville Downtown
18.72
0
Mooresville Town
9,420.56
238.93
Mooresville Downtown
0
0
Mooresville School
1,775.04
1.62
Love Valley
65.03
0
Harmony
0
0
Troutman
125.10
0
Total
$47,447.29
$1,610.01
A complete list, of the individual tax releases and refunds,
into the minutes by reference.
is hereby incorporated
2. Request to Call for a Public Hearing on December 6, 2005 at 7:00 P.M. Regarding
the FY 07 North Carolina Department of Transportation/Community Transportation
Program: Transportation Director Ben Garrison advised during the five o'clock meeting that
transportation grant applications had to be submitted to the state by December 16, 2005. He said
a public hearing was a requirement prior to application submission, and he suggested that one be
held on December 6, 2005 at 7 P.M. Garrison said a 15% local match would be needed for
administrative funds, and 10% for capital items. He said the matches were recouped from
contractual invoicing, passenger fares and vehicle advertisements.
3. Request for Approval of Budget Amendment #18 to Re -Appropriate Funds
Budgeted for Fire Hydrants in the 2004-05 Countywide Fire Tax District Budget that
Lapsed at Fiscal Year End: Fire Marshal Lloyd Ramsey explained during the briefing session
that $160,000 was included in the FY 04-05 budget (county -wide fire tax district) for the
purchase/installation of fire hydrants, but only $22,000 was used. He said the remaining
$138,000 was listed in the June 30, 2005 countywide fire district as unreserved fund balance, and
a budget amendment was needed to re -appropriate the lapsed funds.
Finance Director Blumenstein said the funds had not been encumbered. She said the
situation would not occur in the future due to the creation of a database showing each planned
hydrant, and a purchase order being cut for each commitment.
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Ramsey added that the water companies were behind in getting the hydrants installed.
He said a single hydrant cost $2,000 and 101 were already committed. Ramsey said a total of
$278,000 was available for hydrants (FY 05-06 = $140,000 plus $138,000 for the lapsed FY 04-
05 funds).
4. Request from Skyler Little, John Mitchell, Joseph Kitchens, and Donnie Walker for
Approval of a Resolution of Intent to Abandon a Section of an Unnamed Road
(Part of the Sherrill Subdivision Plat): Planning Supervisor Steve Warren advised during the
pre -agenda meeting that Skyler Little, along with other residents in the Bristol Drive, Statesville
area, had requested closure of an unnamed road, in its entirety, and to abandon the recorded
right-of-way. He said the right-of-way was only on "paper," and the property was part of an old
subdivision that never fully developed. Warren said the first step for the request was to approve
a resolution announcing the intent to hold a hearing to receive public comment. He said the staff
had reviewed the request and found it to be acceptable with one condition. Warren said one
applicant (John Mitchell) had two parcels that were split by the roadway, and the properties
needed to be combined to form one tract. He added that no property owners would be
landlocked by the road abandonment.
RESOLUTION OF INTENT BY THE BOARD OF COMMISSIONERS,
IREDELL COUNTY, NORTH CAROLINA, TO ABANDON A SECTION
OF
AN UNNAMED ROAD
WHEREAS, the J L. Sherill Subdivision Plat in 1946 was recorded in Plat Book 2, page 19, of
the Iredell County Registry showing lots 5 through 19 and lots 51 through 65 and the JL. Sherill
subdivision plat in 1966 was recorded in plat book 3, page 113 showing lots 28 through 32; and
WHEREAS, the section of the unnamed road right-of-way that the petitions seeks to abandon is
approximately 835 feet in length and 20 feet in width. It is bound to the east and west by lands of the
petitioner to the north. Applicant, Skyler Little, and the co-signers John Mitchell, Joseph Kitchens, and
Donnie Walker (adjoining property owners) wish to abandon the street way abutting their properties. To
comply with Iredell County Zoning Ordinance applicant John Mitchell will be required to combine his
two parcels (4724-67-6170 and 4724-77-2002) after the closure of the street to dispose of the landlocked
parcel, therefore allowing all property owners to have means of egress; and
WHEREAS, the street is located adjacent to Iredell County Parcel numbers 4724-67-7404,
4724-77-1432, 4724-67-6170, 4724-77-2002, 4724-66-6953, and 4724-66-6841; and
WHEREAS, all landowners have a convenient access to their property and consent to the
abandonment of the road right -of --way pursuant to G.S. 153A-241; and
WHEREAS, the abandonment of a portion of'said right -of --way is not contrary to the public
interest and no other individual owning property on said right-of-way other than petitioner would be
denied of reasonable means of ingress and egress to his/her property.
NOW, THEREFORE BE IT RESOLVED, by the chairman and members of the Board of
County Commissioners of Iredell County, North Carolina, that they do hereby declare their intention to
abandon that portion of the public street right -of --way herein described and do call a special hearing on
the question to be held on the 3rd day of January, 2006, at 7:00 PM in the Commissioner's Meeting
Room of the Iredell County Government Center (Old Courthouse) at 200 South Center Street in
Statesville, North Carolina; and that a copy of the resolution be posted, published, and mailed by
registered or certified mail as required by G.S. 153-241.
5. Request for Approval of the November 1, 2005 Minutes
-------------------------------------END OF CONSENT AGENDA ---------------------------------------
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ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Crossroads Behavioral Healthcare Board of Directors (1 announcement)
Juvenile Crime Prevention Council (1 announcement)
Recreation Advisory Board (4 announcements)
Board of Health (3 announcements)
Home & Community Care Block Grant Committee (3 announcements)
Information & Referral Advisory Board (1 announcement)
Zoning Board of Adjustment (3 announcements)
APPOINTMENTS TO BOARDS & COMMISSIONS
Animal Grievance Committee (1 appointment): There being no nominations, Chairman
Tice made a knotion to postpone this appointment until the December 6 meeting.
VOTING: Ayes — 4; Nays — 0.
Planning Board (1 appointment): Commissioner Robertson nominated Harold Pruitt.
MOTION by Chairman Tice to close the nominations and appoint Pruitt by acclamation.
VOTING: Ayes — 4; Nays — 0.
Adult Care Home Communitv Advisory Committee 6 appointments): No
nominations were submitted, and Commissioner Norman made a motion to postpone these six
appointments until the December 6 meeting.
VOTING: Ayes — 4; Nays — 0.
Nursing Home Advisory Committee 2 appointments): No nominations were submitted,
and Commissioner Norman made a motio to postpone the two appointments until the December 6
meeting.
VOTING: Ayes — 4; Nays — 0.
PUBLIC COMMENT PERIOD: A public comment period was offered, but no one
desired to speak.
NEW BUSINESS: Commissioner Johnson referred the board members to the following
two web sites that had information of interest.
Charlotte Area Transit System CATS There is an article entitled "Breach of Faith: Light Rail
and Smart Growth in Charlotte," and it was written by Wendell Cox, a demographer and
economist.
Non -Attainment: The John Locke web site has an article entitled "Clearing the Air in North
Carolina: Pollution Myths" written by Dr. Joel Schwartz about air quality or nonattainment.
COUNTY MANAGER'S REPORT: The county manager distributed a written activity
report. In addition, Mr. Mashburn read a prepared statement expressing his family's gratitude for
the many prayers, cards, telephone calls, visits, and other expressions of sympathy that were
extended to them as they coped with the loss of their family member, John Patrick Mashburn.
CLOSED SESSIONS: Citing G.S. 143-318.11 (a) (3) — Legal, G.S. 143-318.11 (a) (4) —
Economic Development, and G.S. 143-318.11 (a) (6) — Personnel, Chairman Tice at 7:20 PM
made a motion to enter into closed session.
VOTING: Ayes — 4; Nays — 0.
(RETURN TO OPEN SESSION AT 7:50 PM)
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ADJOURNMENT: OTIO by Chairman Tice at 7:50 PM to recess the meeting until
Tuesday, December 6, 2005 at 4:30 PM for the purpose of meeting with Duke Power
Representatives regarding the Catawba Wateree Relicensing Project which will be followed by the
briefing session at 5 PM and the Regular Meeting at 7 PM. All meetings to be held in the Iredell
County Government Center, 200 South Center Street, Statesville, NC.
VOTING: Ayes — 4; Nays — 0.
Approval:
Clerk to the Board