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HomeMy WebLinkAboutOctober_4_2005_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES OCTOBER 4, 2005 The Iredell County Board of Commissioners met in Regular Session on Tuesday, October 4, 2005, at 7:00 P.M., in the Iredell County Government Center (Commissioners' Meeting Room), 200 South Center Street, Statesville, NC. Present were: Sara Haire Tice, Chairman Vice Chairman Godfrey Williams Steve Johnson Marvin Norman Ken Robertson Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Enforcement and Planning Director Lynn Niblock, Planning Supervisor Lynn Niblock, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice. INVOCATION by Commissioner Johnson. PLEDGE OF ALLEGIANCE: Boy Scouts Tyler Goodman, Issae London, Curt Williamson, Cory Sloan, Andrew DeRock, and James Shoobridge led the pledge. The scouts are members of Troop 348, sponsored by Wesley Memorial Church. Scout Leader Curtis Goodman accompanied the boys to the meeting. ADJUSTMENTS OF THE AGENDA: OTION by Chairman Tice to approve the following agenda adjustments. Clarification: Request for Approval of an Architectural Proposal for the Renovation of the Social Services Building and Approval of a Capital Project Ordinance (Listed on the Agenda as Renovation Analysis/Cost Estimate.) Deletion: Request for Consideration/Decision Regarding Revisions to the Board's Rules of Procedure in Conjunction with G.S. 153A-52.1 — Public Comment Period Addition: Request for Approval of Budget Amendment #12 to Recognize a $4,500 Solid Waste Reduction Assistance Grant (Backyard Composting) VOTING: Ayes — 5; Nays — 0. PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Recognition of J.C. Tharpe, a Retiree of the Solid Waste Department: Solid Waste Director David Lambert said Mr. Tharpe had worked at both the Mooresville and North Iredell transfer stations. Lambert said Tharpe, a retiree with five years of service, would be greatly missed. Chairman Tice presented an appreciation plaque to Mr. Tharpe and wished him good health and much happiness in retirement. PUBLIC HEARINGS Chairman Tice declared the meeting to be in a public hearing. Consideration of the Proposed Issuance of Colorado Educational and Cultural Facilities Authority ATE Network Revenue Bonds (DEIR Foundation Program) Series 2005: County Attorney William P. Pope said the IdleAire Company planned to electrify truck stops in America by providing heating and air conditioning to tractor trailers. He said the parked tractor trailers would then be able to eliminate idling, and the project would save millions of barrels of diesel fuel each year. Pope said the IdleAire project would "dramatically" cut down on pollution, and several cities had awarded grants to the company for this reason. He said a nonprofit organization in Colorado had agreed to issue bonds and lend the proceeds to the company. Pope said 28 states had been chosen for the project and two sites were in North Carolina with one being at 306 Stamey Farm Road in Iredell County. He said the Internal Revenue Code required a public hearing in each county where the bonds were to be used. Pope said the bonds would not, however, be issued by the county or the state of North Carolina. He stressed that (1) Iredell County was not pledging any of its authority (2) Iredell County was not authorizing or ratifying the bonds, and (3) the bond issuance would not constitute a debt or indebtedness for the county or state of North Carolina. No one appeared, either in person or by attorney, to speak in regards to the Colorado Educational and Cultural Facilities Authority ATE Newwork Revenues Bonds (DEIR Foundation Program) Series 2005, and Chairman Tice adjourned the hearing. OTION by Commissioner Steve Johnson to grant permission to Chairman Tice to sign the Public Approval Certificate in accordance with the Internal Revenue Code's TEFRA regulations. Ayes: Commissioners Tice, Williams, Johnson, Norman, and Robertson Noes: 0 Chairman Tice declared the meeting to be in a public hearing. Consideration of Rezoning Case 0509-2: Mike and Kerry Davis Request for their Property to be Rezoned from Residential Agricultural to Neighborhood Business District (Location: Laura Road, behind 2179 Charlotte Highway, Mooresville, NC): Planning Supervisor Steve Warren said the applicants desired to rezone a vacant tract located in a WS -IV watershed. He continued by describing the staff report as follows: OWNERS: Mike and Kerry Davis 129 Laura Road Mooresville, NC 28117 LOCATION: Vacant lot on Laura Road off Hwy 21 in Mooresville, more specifically identified as PIN # 4658-53-4591. Directions: South on Highway 21 past the Cornelius Road intersection, turn left onto Laura Road, property on right behind video store at corner of 21 and Laura Rd. REQUESTED ACTION AND CONDITIONS: Rezone the subject parcel from RA, Residential Agricultural to NB, Neighborhood Business District. PROPOSED USE: Beauty salon. SIZE: 1.51 acres. EXISTING LAND USE: The subject parcel is presently vacant and located within the RA Zoning District. SURROUNDING LAND USE: Commercial, residential, and one church. WATERSHED REGULATIONS: The property is located in the Catawba/Lake Norman WS -IV Protected Area watershed. TRAFFIC: According to 2003 estimated daily traffic counts, this stretch of the Charlotte Highway has 9,700 vehicles per day. In addition, the approximate daily vehicle carrying capacity is 10,500. ZONING HISTORY: The subject property has been zoned RA since countywide zoning took effect in 1990. However, in 1991 the parcel included the portion where the video store later began operation at the comer of Laura Road and Highway 21. On May 7, 1991 the County Commission, upon recommendation by the Planning Board, rezoned this portion of the parcel to NB (currently PIN # 4658-53-3676). 2 STAFF COMMENTS: It should be noted that, if the property is rezoned, any commercial development thereon would have to submit a site plan that complies with all applicable regulations including parking, setbacks, watershed (if applicable), and screening to create a visual sense of separation between the property and the adjacent RA district. The property is also located adjacent to NB property along Highway 21. Additionally, it is within a commercial node identified in the County Land Use Plan. The requested rezoning would be in harmony with the current land -use pattern of a growing Neighborhood Business district within this commercial node; therefore, staff recommends approval of the rezoning request. Mr. Warren said the planning board on September 7, 2005, unanimously approved the rezoning request. No one else desired to speak, and Chairman Tice adjourned the hearing. MOTION by Commissioner Norman to approve the request of Mike and Kerry Davis (Case # 0509-2) and to rezone the property from Residential Agricultural to Neighborhood Business District. VOTING: Ayes — 5; Nays — 0. ------------------------------------------------CONSENT AGENDA ----------------------------------------- MOTION by Commissioner Williams to approve the following 12 consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. Request from Robert Stark with McClelan Park LLC for a Release of Zoning Jurisdiction (ETJ) to the Town of Mooresville for the Elizabeth & Bryte Goodnight Property (Location: Wiggins Road, Mooresville, NC): During the five o'clock meeting, County Planner Rebecca Harper said a request to relinquish zoning and subdivision jurisdiction of 13.36 acres (PIN#4678-33-2933) to the Town of Mooresville has been submitted. Harper said the property was adjacent to the Town, and it was currently designated in the county's land use plan for residential uses. She said a developer proposed to develop the site in a residential manner, and the Town had already approved water sewer extension. Harper said the Town planned to annex the site in 2006 due to a petition from the developer. Mrs. Harper said the criteria had been met for the jurisdictional release, and she recommended approval. 2. Request from Scott Copeland with Doolie Road Self Storage for Approval of a Watershed High Density Option for Property (PIN# 4637-58-5851) on Doolie Road in Mooresville: County Planner Rebecca Harper advised, during the agenda briefing, that Mr. Scott Copeland had requested to develop under the high-density guidelines in the WS -IV Critical Area of the Watershed Protection Ordinance. She said Copeland desired to subdivide the property for the following uses: • high-end family mini -storage facility • expansion of the neighboring property (North Point Waterports) for the display of boats • automotive service center • retail/office uses Mrs. Harper said the applicant was requesting to exceed the standard allowance of 24% and to develop the property with up to 50% impervious surfaces. She said a wet detention was proposed that would be capable of removing 85% for the total suspended solids from the first one -inch of a rainfall. (A pond has already been constructed, but it will need to be approved by an engineer.) Harper said a previous request for the option (February 20, 2001/Race Park USA, Inc.) was denied due to there not being a detailed site plan. She said a plan, along with photos that depicted the types of businesses and architectural designs being proposed, had now been submitted. In conclusion, Harper said the property was zoned General Business Conditional Use District, and it was designated for commercial uses in the River Highway Corridor Small Area Plan. She stated the request was in order, and approval was recommended. 3 3. Request for Approval to Award a Contract for the Purchase of Three Ambulances: Purchasing Agent Dean Lail said at the agenda briefing that bids were opened for three Type 111, Class One (4x2), Configuration A Ambulances for EMS. Lail said, originally, the staff had planned to "piggyback" onto another contract, but this didn't work out. He said seven vendors were sent RFPs, and the following two responded: Northwestern Emergency Vehicles — American Emergency Vehicles "TraumaHawk" - Bid Price $89,495 per vehicle= $268,485 (No exceptions to specifications noted— delivery 60-90 days.) Southeastern Specialty Vehicles — McCoy Miller - Bid Price $93,493 per vehicle = $280,479 (Several allowable exceptions noted—delivery 100 to 150 days.) Lail said EMS personnel had evaluated the two bids and recommended the low bid from Northwestern. He said the staff was familiar with the Northwestern model since several were already in use. Lail said all bid requirements had been met, and he concurred with the EMS recommendation. When asked why so few vendors responded to the request for proposals, Lail said that many companies were only taking state contracts. He said also that some vendors were "committed" in their own states. 4. Request for Approval of the Donation of Equipment (Eight Mobile Radios — 800 MHz) to the Town of Mooresville (The equipment, assigned to the Mooresville Fire Department & Mooresville Police Department, was purchased with Homeland Security Grant Funds.): Assistant County Manager Tracy Jackson requested approval to transfer the following radios to the Town of Mooresville. Eieht 800 MHz Mobile Radios with Serial Numbers 500 CFK 2481 500 CFK 2474 500 CFK 2479 500 CFK 2470 500 CFK 2482 500 CFK 2478 500 CFK 2481 500 CFK 2483 5. Request for Approval of Budget Amendment #11 to Recognize a $43,500 Homeland Security Grant (Weapons of Mass Destruction/Agri-Terrorism) & to Appropriate for Training Exercises: At the briefing, Assistant County Manager Jackson said previously the board approved a request to submit a grant application for homeland security funds. He said $43,500 had been received, and a budget amendment was needed to recognize the funds that would be used for training exercises. 6. Request from the Harmony Baptist Church for Permission to Lease County Property for Additional Parking: Support Services Jim Vernon said at the briefing that Harmony Baptist Church had requested to occasionally use county property that was behind the Harmony EMS and Sheriff's office. Vernon said the church was willing to lease the property similar to the arrangement the county had with the Iredell-Statesville Schools when construction occurred at Harmony Elementary. Mr. Vernon said the site needed upkeep and mowing, and he suggested that if the church assumed this responsibility, that it be allowed to use the property for overflow parking. He said the trade-off would assist both the church and the county. Vernon said an agreement could be drafted whereby the church would (1) assume the property's upkeep and (2) return the site to its original condition (grass seeding) when no longer needed. He said also the agreement would contain a liability protection clause for the county. 7. Request for Approval of a List that Includes the Names of the Individuals to be Listed on the Dedication Plaque for the New Social Services Building: During the agenda briefing, Support Services Director Vernon said the dedication plaque for the new DSS building needed to be ordered. He said the DSS director had submitted the names of the board members who had been involved in the building's construction and the following list was recommended for approval. 4 Board of County Commissioners Sara Haire Tice, Chairman R. Godfrey Williams, Vice -Chairman Stephen D. Johnson Marvin Norman Ken Robertson Countv Manager Joel Mashburn Social Services Board (current) William M. Jones, Chairman Susan Q. Goode Betty J. Marion Sandra J. Redmond Tammy J. Wellman (former) Bobbie G. Edmisten Hazel K. Harrington L.M. Lackey, Jr. Alice M. Stewart William W. Summers Social Services Director Donald C. Wall Architect Martin Boal Anthony & Johnson Contractors General — Southside Constructors Electrical — Salem Electric Company Mechanical —Climate Systems Plumbing — Tri -Meek Mechanical 8. Request for Approval of a Resolution in Support of Pratt Industries' Application for Assistance from the North Carolina Department of Transportation for a Rail Industrial Access Track and a Call for a Public Hearing on Tuesday, October 18, 2005, at 7:00 P.M. Regarding a Community Development Block Grant from the North Carolina Department of Commerce: County Manager Mashburn said at the briefing session that Pratt Industries was proposing a major expansion requiring a roadway and rail service. He said the company planned to request a $675,000 CDBG grant from the NC Department of Commerce; however, it would be necessary for the county to be the actual applicant. Mashburn said a local match (25%) was needed, but the company's economic development incentive approved by the county could be used. He requested approval of a resolution to be sent to the Department of Transportation for rail assistance, and a call for a public hearing regarding the CDBG request from the Department of Commerce. RESOLUTION IN SUPPORT OF PRATT INDUSTRIES TO LOCATE A MANUFACTURING FACILITY IN IREDELL COUNTY, STATESVILLE, NORTH CAROLINA WHEREAS, Pratt Industries is considering locating a manufacturing facility at the West Farm site, Hwv. 90, Statesville, North Carolina; and WHEREAS, Pratt Industries proposes to invest $22 million of capital investment and to employ at least 80 persons when the company is fully operational; and WHEREAS, Pratt Industries' plans are consistent with local land use and state and local transportation plans; and WHEREAS, Pratt Industries' plans conform with all applicable state and local ordinances and policies; and WHEREAS Iredell County is committed to work with the NCDOT in a leadership role to make transportation improvements that address the safety needs of the public, and contractors and employees of Pratt Industries. NOW, THEREFORE, BE IT RESOLVED by Iredell County Section 1: Iredell County supports the location of the Pratt Industries in Iredell County, and confirms that its plans are consistent with and conform with state and local laws, plans and policies. ki Section 2: Iredell Count v endorses the application of Pratt Industries to request financial support from the North Carolina Department of Transportation to assist in the funding of a rail industrial access track to serve Pratt Industries. Section 3: Iredell Countv commits to work with the NCDOT to make needed transportation improvements necessary to protect the safety of the public, and contractors and employees of Pratt Industries. 9. Update on the Video Arraignment Equipment Request from the Clerk of Court: At the agenda briefing, County Manager Mashburn said that at a prior meeting (September 6, 2005), the staff was requested to evaluate the cost savings that might occur with the usage of video arraignment equipment in the Mooresville Courtroom. He said the sheriffs office had recently reported that no "significant" savings could be found. Mashburn said also, that no inmates were being transported at the present, and this eliminated the security issue. Mr. Mashburn said that in the legal community there appeared to be widespread usage of the equipment, and that as demand increased, the purchase might be more justified. He suggested that the staff continue to evaluate the request through the duration of this fiscal year and to re -review the matter for the FY 06-07 budget. 10. Request for Approval of an Architectural Proposal from Design Associates for the Renovation of the North Center Street Social Services Building and Approval of a Capital Project Ordinance: During the briefing session, Support Services Director Jim Vernon said Chuck Goode, with Design Associates, was familiar with the DSS building being proposed to house the planning, zoning and inspections departments. He said Design Associates was proposing a fee of $20,000 for architectural services, and this would include $4,000 for mechanical and electrical engineering services (Todd W. Carey & Associates). Mr. Vernon said there was no site bidding, construction, administration or fire protection services included in the fee, and any other services would be provided at an hourly rate. Vernon said the entire building would be used and not many structural changes would occur. He said the building's exterior would be painted and the 1940 addition would be re -roofed, but this was about the extent of the facility's improvements on the outside. Vernon recommended approval of the design proposal and a capital project ordinance. He said Goode would have layout and design meetings with the county departments occupying the building. The capital project is as follows: Iredell County, North Carolina Capital Project Ordinance Planning & Enforcement Building (Old DSS) Be it Ordained by the Board of County Commissioners of Iredell County, North Carolina: Section 1. Funds for this Capital Project Fund will be provided from the following source: Transfer from Capital Reserve Fund 05-06 $365,000 Transfer from Capital Reserve Fund 06-07 560 000 $925,000 Section 2. The following costs for the design and engineering of the Iredell County Planning & Enforcement Building shall be paid by this fund: Basic A/E Fees & Consultants $ 30,000 Renovation/Construction 895,000 $925,000 Section 3. This Capital Project Fund shall continue until the project is complete. Section 4. Payments from this Capital Project Fund shall be authorized by the County Manager or his designee. 11. Request for Approval of Budget Amendment #12 to Recognize a $4,500 Solid Waste Reduction Assistance Grant (Backyard Composting): The county manager advised that in April of 2004, Recycling Coordinator Carla Parks received permission to apply for a state composting grant. He said notification was recently received on the approval of the grant funds, 6 and a budget amendment was needed. In April of 2004, Ms. Parks said a $450 snatch would be needed, and the funds would be used for the following: Compost bin truck load sale @ $36 ea. (est.) to residents plus promotion, advertisement and distribution by the composting company (Norseman Plastics) $3,500 Printing brochures 500 Set up (demonstration site) 250 Display Sign 150 Workshop Expense 500 Total $4,900 12. Request for Approval of the September 20, 2005 Minutes --------------------------------------END OF CONSENT AGENDA -------------------------------------- ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Crossroads Behavioral Healthcare Board (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Personnel Advisory Committee (2 appointments): Chairman Tice nominated Don Searcy and Alma Oliphant. OTIO by Commissioner Johnson to close the nominations and appoint Searcy and Oliphant by acclamation. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (8 appointments): Commissioner Williams nominated Margaret Marks. MOTION by Chairman Tice to (1) close the nominations (2) appoint Marks by acclamation and (3) postpone the remaining seven appointments until the October 18 meeting. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee (4 appointments): Commissioner Robertson nominated Kathy Smith and Carolyn Anderson. OTION by Chairman Tice to (1) close the nominations (2) appoint Smith and Anderson by acclamation and (3) postpone the remaining two appointments until the October 18 meeting. VOTING: Ayes — 5; Nays — 0. Region F Aging Advisory Committee (2 appointments): Commissioner Norman nominated the Reverend J.C. Harris. MOTION by Chairman Tice to (1) close the nominations (2) appoint Reverend Harris by acclamation and (3) postpone the remaining appointment until the October 18 meeting. VOTING: Ayes — 5; Nays — 0. NEW BUSINESS Statesville Airport Update: Commissioner Johnson announced that NASCAR Racer Greg Biffle had chosen to locate aircraft at the airport which would increase the tax base by $5 million. Johnson said the airport's tax base would continue to increase in the next few years due to the recent improvements. 7 ADJOURNMENT: There being no Further business, Chairman Tice at 7:30 P.M. made a motion to adjourn the meeting. (NEXT MEETING: Tuesday, October 18, 2005, 5:00 P.M. and 7:00 P.M., in the Iredell County Government Center, 200 South Center Street, Statesville, NC 28677.) VOTING: Ayes — 5; Nays — 0. Approved: 11 Clerk to the Board