HomeMy WebLinkAboutFebruary 7 2006 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
FEBRUARY 7, 2006
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
February 7, 2006, 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, Deputy
County Manager Susan Blumenstein, 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 Williams
PLEDGE OF ALLEGIANCE TO THE FLAG
ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to adjust
the agenda by the following action:
Addition: Request for Permission to Apply for a Justice Assistance Grant in the
Amount of $13,727
VOTING: Ayes — 5; Nays — 0.
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
RECOGNITION OF JEFF COGGINS: Mr. Jeff Coggins, a retiree of the
Iredell County Sheriff's Department, was given an appreciation plaque for his 13
years of service. Coggins held several different positions while employed with the
county but his most recent title was that of a Patrol Supervisor.
Chairman Tice congratulated and thanked Coggins for his county service.
RECOGNITION OF BERNICE MCJUNKIN: MOTION by Chairman Tice
to adopt the following resolution in memoriam to Bernice McJunkin.
VOTING: Ayes — 5; Nays — 0.
RESOLUTION IN MEMORIAM
OF
BERNICE MUNDAY MCJUNKIN
WHEREAS, the Iredell County Board of Commissioners has learned with deep regret about the
death of Bernice Munday McJunkin, a former Iredell County employee; and
WHEREAS, Bernice Munday McJunkin gave untiring public service to the County of Iredell
County, to the State of North Carolina, and to the United States during her lifetime; and
WHEREAS, Bernice Monday McJunkin held many job positions during her 45 years of
employment with Iredell County; and
WHEREAS, Bernice Munday McJunkin achieved many awards and recognitions during her
impressive career, and in fact, was selected as North Carolina's Outstanding County Accountant for
1969.
NOW, THEREFORE, BE IT RESOLVED that a copy of this Resolution be forwarded to the
family of Bernice Monday McJunkin with expressed sympathy and condolences from the members of the
Iredell County Board of Commissioners.
PUBLIC HEARINGS
Chairman Tice declared the meeting to be in a public hearing.
Case No. 0601-1: Dwight Somers, Administrator for the Frances Somers
Estate, Requests to Rezone Property from Residential Agricultural & General
Business to M-2 Heavy Manufacturing District: Planning Supervisor Steve Warren
shared the planning staff report, a copy of which is as follows:
PLANNING STAFF REPORT
CASE NO. 0601-1
OWNER: Frances Somers Estate APPLICANT: Same
(Dwight Somers, Admin.)
1357 Jennings Rd.
Statesville, NC 28625
Phone: (704)876-0494
LOCATION: 1872 West Memorial Highway, Union Grove, NC 28689; more
specifically identified as PIN(s) 4843-92-6587, 4843-92-4706, and 4843-93-
3019. Directions: North from Statesville on I-77, take Hwy 901 Exit and turn
left. Continue on 901 and turn right onto Union Grove Road directly across
from Union Grove Elementary School. Entrance to subject property is on the
right just past Post Office.
REQUESTED ACTION AND CONDITIONS: Rezone the subject parcels
from RA, Residential Agricultural and GB, General Business, to M-2, Heavy
Manufacturing.
PROPOSED USE: Expansion of existing lumber mill operations.
SIZE: 11.86 acres total.
EXISTING LAND USE: Lumber mill.
SURROUNDING LAND USE: Feed Mill, Post Office, Residential,
Agricultural.
WATERSHED REGULATIONS: The subject parcels are located within the
WS -111 -Balance watershed.
TRAFFIC: According to NCDOT traffic counts during 2004, this stretch of
Memorial Highway had an average of 6,000 vehicles per day with a carrying
capacity of 9,000.
ZONING HISTORY: This property has been zoned RA and GB since
countywide zoning took effect in 1990.
STAFF COMMENTS: This property has been used as a lumber mill for over
40 years. Countywide zoning took effect in 1990 and, as staff has discovered,
the former GB zoning allowed for lumber yards at that time. This rezoning
would allow the applicant to bring the property into compliance with the
modern zoning code and thereby add a desired lumber shed to the present
operation. Because the subject parcels were largely included in a GB zoning
classification that originally allowed for the lumber mill to operate, the
County's intent of having the property suitably zoned was established early on.
Staff therefore recommends in favor of the request. Statement of Land -Use
Plan Consistency: The Future Land -Use Plan indicates the suitability of
general commercial uses along the Hwy 901 corridor while taking into
consideration all existing land -uses (i.e. the lumber mill) at the time the Plan
was adopted. It should be noted that the Plan shows commercial areas holding
tightly to the Hwy 901 corridor. Hence, if the present rezoning should occur,
this should not be viewed necessarily as a preference for the addition or
expansion of commercial designations on the Land -Use Plan. Therefore,
adjustment to the Land -Use Plan is not recommended at this time.
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PLANNING BOARD ACTION: On January 4, 2006, the Planning Board voted
unanimously (11-0) to recommend approval of the rezoning as requested along with the
Statement of Land -Use Plan Consistency: The Future Land -Use Plan indicates the
suitability of general commercial uses along the Hwy 901 corridor while taking into
consideration all existing land -uses (i.e. the lumber mill) at the lime the Plan was
adopted. It should be noted that the Plan shows commercial areas holding tightly to
the Hwy 901 corridor. Hence, if the present rezoning should occur, this should not be
viewed necessarily as a preference for the addition or expansion of commercial
designations on the Land -Use Plan. Therefore, adjustment to the Land -Use Plan is not
recommended at this time.
Dwight Somers, the owner of the property, said his family had operated a
lumber yard or building supply facility for over 42 years. He said the business was
"boxed in" and needed expansion space. Mr. Somers said there were plans to build a
structure to store lumber that would later be sold.
No one else requested to speak, and Chairman Tice adjourned the hearing.
MOTTO by Commissioner Williams to (1) approve the Statement of Land -Use
Plan Consistency as follows: The Future Land -Use Plan indicates the suitability of
general commercial uses along the Hwy 901 corridor while taking into consideration
all existing land -uses (i.e. the lumber mill) at the time the Plan was adopted. It should
be noted that the Plan shows commercial areas holding tightly to the Hwy. 901
corridor. Hence, if the present rezoning should occur, this should not be viewed
necessarily as a preference for the addition or expansion of commercial designations on
the Land -Use Plan and (2) to approve the rezoning from Residential Agricultural &
General Business to M-2 Heavy Manufacturing District.
VOTING: Ayes — 5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing. In addition, due
to the next case involving conditional uses, Mrs. Tice administered the oaths to all
persons desiring to speak.
Case No. 0601-2: Overcash Electric, Inc., Requests to Rezone a Portion of
Property from Residential Agricultural and Neighborhood Business to General
Business Conditional Use District: Planning Supervisor Steve Warren shared the
planning staff report, a copy of which is as follows:
PLANNING STAFF REPORT
CASE NO. 0601-2
OWNER: Overcash Electric, Inc. APPLICANT: Same
2106 Charlotte Hwy.
Mooresville, NC 28117
Phone: (704)664-3113
LOCATION: 2106 Charlotte Highway in Mooresville, NC; more specifically
identified as a portion of PIN# 4658-55-6460. Directions: South on Charlotte
Highway from Statesville, bear right onto Hwy 21 at 115/21 fork, property on
right past Bailey Road (Overcash Electric, Inc.).
REQUESTED ACTION AND CONDITIONS: Rezone a portion of subject parcel
from RA, Residential Agricultural, and NB, Neighborhood Business, to GB -CUD,
General Business Conditional Use District. The following conditions serve to limit
the potential proliferation of highly -intense commercial and industrial uses normally
permitted within the GB district classification (these noted categories are specified in
detail within the Iredell County Zoning Ordinance's Table of Permitted Uses):
• Prohibit the following "Business, Professional, & Personal Service" and
"Retail Trade" uses: fuel oil sales; farm machinery sales & service; furniture
repair & upholstery; mobile home sales & service; motorcycle sales; pawn
shops; recreational vehicle sales & service; tire dealers & services; and truck
stops.
• Prohibit all "Wholesale Trade" uses with the exception of electrical goods.
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• Prohibit all "Manufacturing & Industrial' uses.
• Prohibit Adult Oriented Businesses.
PROPOSED USE: Expansion of existing electrical contracting business.
SIZE: 10.81 acres to be rezoned (parcel totals 29.3 acres).
EXISTING LAND USE: Electrical Contractor.
SURROUNDING LAND USE: Residential and Commercial.
WATERSHED REGULATIONS: The subject parcel is located within the WS -
IV -Protected Area.
TRAFFIC: According to NCDOT traffic counts during 2004, this stretch of
Charlotte Highway had an average of 10,000 vehicles per day with a carrying
capacity of 10,500.
ZONING HISTORY: This property has been zoned RA and NB since
countywide zoning took effect in 1990.
STAFF COMMENTS: This property has been used by Overcash Electric since
1972. This rezoning would allow the applicant to bring the property into compliance
with the modern zoning code, supplemented by certain conditions to limit particular GB
uses deemed incompatible with the surrounding area; the surrounding area has
witnessed a predominant pattern of NB zoning with some HB as well. Additionally,
the applicant is only requesting to rezone the front portion of the parcel containing the
business (approximately one-third of the entire parcel). Staff therefore recommends in
favor of the request. Statement of Land -Use Plan Consistency: The Future Land -Use
Plan indicates the suitability of general commercial areas along Charlotte Highway in
this vicinity, with nodes clearly established near the Hwy 115/21 junction and
Cornelius Road areas. Hence, the request is deemed compatible with the spirit and
intent of the Plan.
PLANNING BOARD ACTION: On January 4, 2006 the Planning Board voted
unanimously (11-0) to recommend approval of the rezoning as requested along with the
Statement of Land -Use Plan Consistency: The Future Land -Use Plan indicates the
suitability of general commercial areas along Charlotte Highway in this vicinity, with
nodes clearly established near the Hwy. 115/21 junction and Cornelius Road areas.
Hence, the request is deemed compatible with the spirit and intent of the Plan.
�x�»a
Mitch Meadows, with Overcash Electric, said the company had been in
existence for the past 27 years, and additional space was needed.
No one else desired to speak, and Chairman Tice adjourned the hearing.
MOTION by Commissioner Robertson, after reviewing the findings of fact and
determining them to be in order, and after approving the statement of consistency (The
Future Land -Use Plan indicates the suitability of general commercial areas along
Charlotte Highway in this vicinity, with nodes clearly established near the Hwy. 115121
junction and Cornelius Road areas. Hence, the request is deemed compatible with the
spirit and intent of'the Plan) to approve the rezoning from Residential Agricultural and
Neighborhood Business to General Business Conditional Use District (conditional uses
being those stipulated in the planning staff report).
VOTING: Ayes — 5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing and invited all
persons desiring to speak regarding Case No. 0601-3 to proceed to the dais for the
administering of the oaths.
Case No. 0601-3: Thomas & Sandra McCurdy Request to Rezone
Property from Residential Agricultural and Neighborhood Business to Highway
Business Conditional Use District: Planning Supervisor Steve Warren shared the
planning staff report, a copy of which is as follows:
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PLANNING STAFF REPORT
CASE NO. 0601-3
OWNER: Thomas and Sandra McCurdy APPLICANT: Joe Kciper
460 Normandy Road 111 Bevington Way
Mooresville, NC 28117 Mooresville, NC 28117
Phone: (704)664-3687 Phone: (704)660-32 10
LOCATION: 111 Alexander Acres Road, Mooresville NC 28117; more
specifically identified as PIN#4677-47-6277. Directions: From Statesville,
South on Hwy 21 toward Mooresville. Bear left on 115, then turn left onto
Hwy 150. Property on right at corner of Alexander Acres Road, just past fork
intersection with Landis Hwy (Hwy 152).
REQUESTED ACTION AND CONDITIONS: Rezone the subject parcel from
RA, Residential Agricultural, and NB, Neighborhood Business to HB -CUD,
Highway Business Conditional Use District.
PROPOSED USE: Any and all HB uses; applicant states preference for mini -
storage facilities.
SIZE: 4.67 acres
EXISTING LAND USE: Vacant.
SURROUNDING LAND USE: Vacant and Agricultural
WATERSHED REGULATIONS: The subject parcel is located within the WS -
II -Balance (Coddle Creek) watershed.
TRAFFIC: According to NCDOT traffic counts during 2004, this stretch of
Highway 150 had an average of 11,000 vehicles per day with a carrying
capacity of 10,500.
ZONING HISTORY: This property has been zoned RA and NB since
countywide zoning took effect in 1990.
STAFF COMMENTS: Applicant is seeking to rezone this property with the
intent of constructing self -storage facilities. The property is located at the
corner of Alexander Acres Road and Hwy 150. This proposed rezoning is
consistent with other zoning classifications in this vicinity, and staff
recommends in favor of the request. Statement of Land -Use Plan Consistency:
The request for Highway Business zoning complies with the intent of the
general Commercial areas included on the County's Land -Use Plan; therefore,
this request is deemed a reasonable zoning classification for this property.
PLANNING BOARD ACTION & FOLLOW-UP: On January 4, 2006, the
Planning Board voted 10-1 to recommend denial of the rezoning request based
on the lack of site -development information submitted by the applicant, as well
as the applicant's absence from the meeting. It was noted that, since the
applicant was not in attendance at that meeting, the applicant could not respond
to neighbors' concerns over various aspects of the site's development.
Therefore, applicant could not amend his request to a Conditional -Use District.
Following the Planning Board meeting, applicant met with staff to address the
neighbors' concerns and prepare a conceptual design of the planned project
accordingly. In forwarding the case to the Board of Commissioners, the
applicant has agreed to the following conditions: 1) provide aesthetic
landscaping along both Alexander Acres Road and Hwy 150 frontage; 2)
Ingress/egress to be located only onto Alexander Acres Road per DOT
approval; 3) any outside storage will be located at southern end of property, out
of site of the residential properties along Hwy 150; and 4) lighting to shine
inward on the storage area only, as required in Section 3.16 of the Zoning
Ordinance.
Commissioner Robertson asked if the owners could sometime in the future place
something other than mini -storage units on the property.
Warren said yes. He said there was not a limitation on the permitted uses.
Steve Emmons, said there was a demand for storage units in Mooresville due to
new housing developments and people moving into the area. He said 1 in 11
households used self -storage units, and he owned Triple S Mini Storage in Mooresville.
He said Larry Crease, a partner with Joe Keiper, the applicant, was also attending the
meeting. (Crease owns Mini -Storage 1109 in Mooresville and Advantage Mini Storage
in Statesville.) Mr. Emmons said the applicant wanted to be a good neighbor, and
clean, attractive units were proposed. He said fencing and shrubbery would be placed at
the site, and a detention pond would be constructed. Emmons said he was a licensed
general contractor, that he served on the North Carolina Self -Storage Association, and
that all applicable state laws (SR 30) would be followed for the storage units.
Commissioner Robertson asked if the roadway would be gravel or paved. He
also asked about any runoff.
Emmons said paved. He said any runoff would be on the property itself.
Emmons said state law required a 15 ft. wide road, but Mr. Keiper's would be 27 ft.
wide. Emmons said approximately 300 individual units ranging from 5 x 5 to 12 x 40
were anticipated for the site, and the only plumbing would be an office bathroom that
would have a drain field. Mr. Emmons said the business would probably generate
around $20,000 in tax revenue.
Sandy McCurdy, owner of the property, said one individual at the planning
board meeting had concerns about lighting that might shine on an old homestead. Mrs.
McCurdy said this would not occur, because the home was not across from the property.
(She offered pictures to illustrate this fact.)
Commissioner Robertson asked Mr. Warren about conditional uses. He asked
what happened if the request were granted and a few years from now, something else
was placed on the site.
Warren said any permitted uses in the Highway Business designation could be
established on the property provided the conditions were met.
Commissioner Johnson asked Mr. Emmons and Mr. Crease if they had the
authority from Mr. Keiper, the applicant, to accept any further conditions.
The gentlemen said yes, and Commissioner Johnson asked if they would accept
an additional condition -- it being that only mini -storage uses could be placed on the
property.
Crease said no. He said there was a life span on storage units, and ten years
down the road something else might be needed. Mr. Crease said they did not want to be
"handcuffed" in the matter.
Emmons said there was a life cycle to storage units. He said they started out
with residential goods but ended up with commercial products.
Johnson said in 15 to 20 years that if the owners wanted to place offices on the
site, they could seek permission for that type of use. Mr. Johnson said there were
citizens with concerns about the project.
Doug Carriean, said he would soon live near the property. He said there wasn't
so much of a concern about mini -storage units as there was about the highway business
designation, which was sort of "carte blanche." He said the owner would have several
business options.
6
Commissioner Williams said he had concerns about the request due to the
planning board's denial. He said the planning board members had not reviewed the
four conditions that were later added.
Chairman Tice asked Mr. Warren the specific concerns of the planning board.
Warren said some members had questions, but there was no one at the meeting
that could answer them. He said the questions mostly dealt with mini -storage
businesses.
Commissioner Johnson asked Mr. Warren about the WS -II Balance (Coddle
Creek) Watershed. He asked the restrictions on the impervious area. Mr. Johnson said
it didn't appear much damage could occur on 4.67 acres.
Warren said the commercial low density option (10/70 Rule) was 70% and this
was after 10% of the site had been used. He said there was not an option on
commercial high density for this particular watershed. Warren acknowledged that
anyone re -developing the property would have to abide by the watershed rules.
Chairman Tice asked Warren how much of the 4.67 acres could be built upon.
Commissioner Johnson said a little over three and a quarter acres.
Commissioner Robertson said it appeared the future owners had a plan concept,
and the neighbors did not appear to be totally opposed. Robertson suggested that rather
than totally denying the request, which would require the applicant to wait another year
for reapplication, to send the matter back to the planning board for further review.
No one else desired to speak, and Chairman Tice adjourned the hearing.
MOTION by Commissioner Robertson to remand Case No. 0601-3 (Joe Keiper,
Applicant) to the planning board due to the new information being presented.
Commissioner Norman asked how soon the case could reappear before the
board of commissioners.
Warren said the planning board would reconsider the case in early March. He
said the case would probably be on the commissioners' agenda in April.
VOTING: Ayes — 5; Nays — 0.
----------------------------------------CONSENT AGENDA --------------------------------------
OTIO by Commissioner Williams to approve the following 17 consent
agenda items.
VOTING: Ayes — 5; Nays — 0.
1. Request from the Iredell-Statesville School System for Acknowledgement of
Receipt and Review of the Public School Facility Needs Survey: At the 5:00
o'clock meeting, Iredell-Statesville Schools' Director of Construction Rob Jackson
requested review of a needs assessment survey the state required every five years from
each school unit. Jackson said the needs or numbers were entered into a computerized
survey, and a state formula rendered the costs.
2. Request from the Mooresville Graded School System for Acknowledgement
of Receipt and Review of the Public School Facility Needs Survey: Mooresville
Graded Schools Superintendent Dr. Bruce Boyles said the survey was a "benchmark" to
project what the statewide educational needs were for the state. He said the data could
be used for statewide bonds. Dr. Boyles said construction; however, was more
expensive in this area than in other parts of the state.
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3. Request for Approval of Revisions to the Plat Review Officer Listing:
Planning Supervisor Steve Warren requested revisions to the plat review officer listing,
due to personnel changes in the municipal and county planning offices. (The updated
listing that will be submitted to the Register of Deeds' Office for recordation is as
follows.)
IREDELL COUNTY
PLAT REVIEW OFFICER LISTING
IREDELL COUNTY:
Steve Warren
William Allison
Rebecca M. Harper
Matthew Todd
Barry Whitesides
TOWN OF MOORESVILLE:
Timothy D. Brown
Craig Culbertson
Jim King
CITY OF STATESVILLE:
David Currier
Sherry Ashley
Elaine Anthony
TOWN OF TROUTMAN:
Donald E. Duncan, Jr.
John Garland
4. Request from the Transportation Department for Approval of Budget
Amendment #25 to Recognize $25,000 Received from a Job Access Reverse
Commute Grant (JARC): Ben Garrison, the transportation director, explained during
the briefing session that these grant funds would be used to provide employment
transports in the early hours of the morning and in the evening hours. He said the
funding would also assist with childcare referrals to the Partnership for Children. He
said the JARC funds would be distributed in two different budget years with $25,000
this year and $51,032 in 2007.
5. Request from the Cooperative Extension Service for Approval to Apply for
a Lowes' Charitable and Educational Foundation Grant to be used for the
Horticultural Demonstration Garden: Cooperative Extension Director Ken Vaughn
said at the agenda briefing that the horticultural garden had primarily been maintained
through the use of community volunteers, and now, funds were needed for supplies and
materials. He requested permission to apply for a $8,589 monetary grant to be used as
follows:
Brick pavers:
Walkway edging:
Landscape timbers:
Water stations (4):
Storage building:
Rental of equipment:
Signage:
$2,276
$928
$310
$850
$3,207
$575
$1,143
$9,289 ($700 is already in the budget)
6. Request from the Tax Collector for Approval to Schedule the Advertising
Date for Tax Liens on Real Property: Tax Collector Bill Torches, during the briefing
session, requested permission to advertise tax liens on April 12, 2006 (on real property
taxes not paid by March 31). Mr. Furches said that as of January 31, 2006, the unpaid
taxes totaled $5,735,287. He said, thus far, there was about a 93% collection rate.
7. Request from the Library Director for Approval to Apply for
Telecommunication Discounts Offered by the Federal Communications
Commission (E -Rate Program): During the agenda briefing, Library Director Steve
Messick said his department could save $17,361 using this program. Messick said a fee
was added to all telephone bills (universal access fees), and if the county did not apply
for the funds, they would be spent in other localities.
9
8. Request from the Emergency Communications Operations & Management
Department (ECOM) for the Awarding of a Contract for a Simulcast System:
Purchasing Agent Dean Lail and ECOM Director David Martin said $524,700 had been
budgeted for the Simulcast Repeater System Project. They said Two -Way Radio of
Carolina had submitted a $491,080 proposal but necessary changes had increased the
costs to $501,280. Lail said there were no other bidders. (Motorola did not submit a
bid). The gentlemen said they felt comfortable with the system that used G.E. radios,
and the county attorney had reviewed the contract. They also said additional costs were
not anticipated.
9. Request for Approval of a Letter of Agreement Between Hospice & Palliative
Care and the County for EMS or Ambulance Services: Emergency Management
Director Tracy Jackson requested approval of this agreement at the briefing session. He
said Hospice preferred to use county EMS services instead of private agencies, and the
agreement addressed this arrangement. Jackson said the contract had been reviewed by
the county attorney.
10. Request from the EMS Department for Approval to Apply for a 2005-06
Health Resources & Services Administration Grant: Emergency Management
Director Tracy Jackson requested permission at the 5 o'clock meeting to apply for a
$21,473 grant that would be used for disaster trailer/supplies at $11,080 and
educational/training services at $10,393.
11. Request for Approval of Budget Amendment #27 Allocating a $1,500
"Campus Crime Stopper" (D.A.R.E) Grant: Lieutenant Rick Eades, with the
sheriffs department, requested approval of this amendment at the briefing session. He
said the money would be used for promotional materials geared towards encouraging
students to report crimes. Eades said the actual reward money was derived from drug -
seized funds. (Chairman Tice added during the briefing session that she was a member
of a committee that determined how much reward money was awarded to a person
providing a valid tip.)
12. Request from the Sheriff's Office for Approval to Apply for a Department
of Justice COPS Grant: Also during the briefing session, Lieutenant Rick Eades
requested permission to apply for a $323,960 technology grant. He said the COPS grant
had four phases over five years, and last year, Phase I in the amount of $150,000 for a
regional crime center was approved. Lt. Eades said Phase II funds would be used for
additional equipment for the center that might be located at the Highway 21 annex.
13. Request for Approval of Budget Amendment #26 to Recognize Proceeds
($47,513) from Insurance Claims: Finance Director Blumenstein requested approval
of this amendment during the briefing session. She said the funds received for property
damage would be added to departmental expenditure line items from which repairs or
replacement costs were incurred.
14. Request for Approval of an Agreement for Arbitrage Rebate Calculation
Services (Series 2003 • Installment Payment Revenue Refunding Bonds •
$18,020,000): Susan Blumenstein said the Internal Revenue Code stipulated that any
earnings over the declared yield of tax exempt bond issues had to be rebated to the U.S.
government. She said it was best to hire outside agencies to determine the arbitrage, or
excess earnings, and she recommended Bingham Arbitrage Rebate Services with an
annual fee of $1,000 for five years. (This agreement will be for the second five-year
period. The educational bond series was actually issued in year 2000, but a refunding
issuance occurred in year 2003.)
15. Request for Adoption of a Capital Project Ordinance for School Construction
Projects for Year 2006: Finance Director Blumenstein reported at the briefing session
that an ordinance needed to be adopted for the educational facilities included in the
General Obligation (GO) Bonds, Certificates of Participation (COPS), and Qualified
Zone Academy Bonds (QZABs). Blumenstein reminded the board members that the
school systems could not move funding from one school construction project to another
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without approval from the commissioners. A copy of the $77,392,055 ordinance is as
follows:
Iredell County, North Carolina
Capital Project Ordinance
School Construction Projects — 2006
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 sources:
4504700
4900.10
GO Bond Proceeds
$36,400,000
4504700
4900.20
COPS Proceeds
35,000,000
4504700
4900.30
QZAB
2,000,000
4504700
4900.40
Public School Building Capital Fund
3,500,000
4504700
4900.50
Contribution - Iredell Statesville Schools
492.055
$77,392,055
Section 2. The following costs for school projects shall be paid by this fund
4505700
520000
Professional Fees - Architect
$4,623,292
4505700
520014
Construction Management
910,114
4505700
520020
Testing, Permits, and Other Fees
513,500
4505700
561000
Closing Costs
645,000
4505700
580200
General Construction
65,170,484
4505700
Contract
59,191,070
4505700
(1)
Unencumbered
5,979,414
4505700
580255
Transitional Costs (mobiles)
2,790,000
4505700
601000
Land Purchases
1,220,000
4505700
630000
Furniture, Fixtures & Equipment
1,519,666
$77,392,055
Section 3. This Capital Project Fund shall continue until the projects are complete.
Section 4. Transfers between line items shall only be made upon formal action by the Iredell-
Statesville Board of Education and such action shall be reported to the Iredell
County Board of Commissioners at its next regularly scheduled meeting.
Section 5. Payments from this Capital Project Fund shall be authorized by the County
Manager or his designee.
16. Request for Approval of the January 17, 2006 Minutes
17. Request for Permission to Apply for a Justice Assistance Program Grant:
Lt. Rick Eades, at the briefing session, requested for this request to be added to the
agenda. He said $13,727 was available for the emergency response team to purchase
infrared imaging technology. Eades said the technology, or equipment, detected heat
sources that would (1) help apprehend criminals (2) help locate lost individuals and (3)
help to improve officer safety.
-------------------------------------END OF CONSENT AGENDA -----------------------------
Request for Approval of a Resolution Calling for a Public Hearing on
February 21, 2006 at 7:00 P.M. Concerning the Financing of Certain School
Facilities Pursuant to an Installment Financing Agreement: Chairman Tice
introduced the following resolution, a copy of which had been provided to each
Commissioner, which was read by title and summarized by the Director of Finance and
Administrative Services:
RESOLUTION CALLING A PUBLIC HEARING
CONCERNING THE FINANCING OF CERTAIN SCHOOL FACILITIES
PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT
WHEREAS, the Board of Commissioners for the County oflredell, North Carolina (the
"County') is considering the financing of (i) the expansion of North Iredell High School,
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including the construction and equipping of additional classrooms and a new gymnasium and
locker room, (ii) the expansion of West Iredell High School, including the construction and
equipping of additional classrooms, a new science wing, an auditorium, a new gymnasium and
locker rooms, and expanded cafeteria and kitchen facilities, (iii) the expansion of Statesville
High School, including the construction and equipping of a Freshman Academy, an auxiliary
gymnasium, a ROTC room, a science wing and additional performing arts and general
classrooms and the acquisition of land to expand practice fields and parking lots, (iv) the
expansion of Sharon Elementary School, including the construction and equipping of additional
classrooms and resource rooms, a new cafeteria/kitchen, a new administration area and a new
media center and the acquisition of land for the expansion of the sewer septic system, and (v)
the construction and equipping of a new Mooresville Intermediate School (collectively, the
"Project') pursuant to an Installment Financing Agreement, to be dated as of May 1, 2006 or
such other date as the parties thereto shall mutually agree upon (the "Installment Financing
Agreement'), between Iredell County Public Facilities Corporation, a North Carolina non-
profit corporation (the "Corporation') and the County; and
WHEREAS, pursuant to the Installment Financing Agreement, the Corporation will
finance the Project, and the County will make Installment Payments (as defined in the
Installment Financing Agreement) in amounts sufficient to pay the principal and interest with
respect to Cerfificates of Participation (Iredell County School Projects), Series 2006 (the "2006
Certificates'), to be executed and delivered by the Corporation for the purpose of financing the
Project, it being the express intention of the Board of Commissioners that only the principal
amount of 2006 Certificates necessary, to accomplish the purposes stated in the Installment
Financing Agreement will be executed and delivered (estimated not to exceed $45,000,000
principal amount); and the County's obligations under the Installment Financing Agreement
will be secured by, among other things, a deed of trust on certain real property to be owned by
the County, consisting of the sites of the Sharon Elementaty School, the Statesville High School
and the Mooresville Intermediate School, including all buildings, improvements and fixtures
thereon; and
WHEREAS, the Installment Financing Agreement, if entered into, will comply in all
respects with Section 160A-20 and Chapter 159, Article 8, of the General Statutes of North
Carolina and the guidelines of the Local Government Commission of North Carolina for all
financings undertaken pursuant to said Section and Article; and
WHEREAS, said Section 160A-20 requires that, before entering into an installment
financing agreement involving real property, the County shall hold a public hearing on such
agreement; now, therefore,
BE IT RESOLVED by the Board of Commissioners for the County, of Iredell:
Section 1. A public hearing with respect to the Installment Financing Agreement
is hereby directed to be held on Tuesday, February 21, 2006, at 7:00 P.M, in the
Commissioners' Meeting Room at the Iredell County Government Center, 200 South Center
Street, Statesville, North Carolina.
Section 2. The Clerk to the Board of Commissioners is hereby directed to publish
notice of said public hearing, in substantially the following form, once at least ten (10) days
prior to the date of the public hearing as required by Section 160A -20(g) of the General
Statutes of North Carolina:
NOTICE OF PUBLIC HEARING BY
THE BOARD OF COMMISSIONERS FOR THE COUNTY OF IREDELL,
NOR III CAROLINA, CONCERNING THE FINANCING OF CERTAIN SCHOOL
FACILITIES PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT
NOTICE IS HEREBY GIVEN to all interested persons that the Board of Commissioners
for the County of Iredell, North Carolina (the "County) is considering the financing of (i) the
expansion of North Iredell High School, including the construction and equipping of additional
classrooms and a new gymnasium and locker room, (ii) the expansion of West Iredell High
School, including the construction and equipping of additional classrooms, a new science wing,
an auditorium, a new gymnasium and locker rooms, and expanded cafeteria and kitchen
facilities, (iii) the expansion of Statesville High School, including the construction and
equipping of a Freshman Academy, an auxiliary gymnasium, a ROTC room, a science wing and
additional performing arts and general classrooms and the acquisition of land to expand
practice fields and parking lots, (iv) the expansion ofSharon Elementary School, including the
construction of additional classrooms and resource rooms, a new cafeteria/kitchen, a new
administration area and a new media center and the acquisition of land for the expansion of the
sewer septic system, and (v) the construction and equipping of a new Mooresville Intermediate
School (collectively, the "Project') pursuant to an Installment Financing Agreement, to be
dated as of May 1, 2006 or such other date as the parties thereto shall mutually agree upon (the
"Installment Financing Agreement'), between Iredell County Public Facilities Corporation, a
North Carolina non-profit corporation (the "Corporation'), and the County. It is expected that
the Corporation will execute and deliver- Certificates of Participation, evidencing proportionate
and undivided interests in the installment payments to be made by the County under the
Installment Financing Agreement, in an aggregate principal amount not exceeding $45, 000,000
for the purpose offinancing the Project.
NOTICE IS HEREBY FURTHER GIVEN that the Board of Commissioners will hold a
public hearing in the Commissioners' Meeting Room at the Iredell County Government Center,
200 South Center Street, Statesville, North Carolina, on February 21, 2006, at 700 P.M, or an
adjournment thereof at which time any person may be heard regarding the proposed
Installment Financing Agreement.
COUNTY OFIREDELL, NORTHCAROLINA
By: Jean C. Moore
Clerk to the Board of Commissioners
Section 3. This resolution shall take effect immediately upon its passage.
Upon motio of Chairman Tice, the foregoing resolution entitled
"RESOLUTION CALLING A PUBLIC HEARING CONCERNING THE
FINANCING OF CERTAIN SCHOOL FACILITIES PURSUANT TO AN
INSTALLMENT FINANCING AGREEMENT" was passed by the following vote:
Ayes — 5; Nays — 0.
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS &
COMMISSIONS
Juvenile Crime Prevention Council (1 announcement)
Nursing Home Advisory Committee (1 announcement)
Community Alternatives Program for Disabled Adults (1 announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Animal Grievance Committee (1 appointment): Commissioner Williams
nominated Dr. Gary Davis.
MOTIO by Chairman Tice to close the nominations and appoint Davis by
acclamation.
VOTING: Ayes — 5; Nays — 0.
Adult Care Home Community Advisory Committee (5 appointments):
Commissioner Norman nominated Sina Brown and Dean Weaver.
MOTION by Chairman Tice to close the nominations and appoint Brown and
Weaver by acclamation.
VOTING: Ayes — 5; Nays — 0.
MOTION by Commissioner Norman to postpone the remaining three
appointments until the February 21 meeting.
VOTING: Ayes — 5; Nays — 0.
Nursing Home Advisory Committee (2 appointments): No nominations were
submitted, and Commissioner Norman made a MOTION to postpone the two appointments
until the February 21 meeting.
VOTING: Ayes — 5; Nays — 0.
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Criminal Justice Partnership Program (2 appointments): Commissioner
Johnson nominated Lorraine Hill for the substance abuse professional position and Robin
Griffin for the at -large position.
OTION by Chairman Tice to close the nominations and appoint Hill and Griffin
by acclamation.
VOTING: Ayes — 5; Nays — 0.
Juvenile Crime Prevention Council (1 appointment): Commissioner Norman
nominated Pam Davis for the nonprofit representative position.
MOTION1 by Chairman Tice to close the nominations and appoint Davis by
acclamation.
VOTING: Ayes — 5; Nays — 0.
Centralina Economic Development Commission (1 or 2 appointments):
Chairman Tice nominated Bill Thunberg and R.B. Sloan.
MOTIO by Chairman Tice to close the nominations and appoint Thunberg and
Sloan by acclamation.
VOTING: Ayes — 5; Nays — 0.
Statesville Planning Board (ETJ) (1 appointment): MOTION by
Commissioner Johnson to postpone this appointment until the February 21 meeting.
VOTING: Ayes — 5; Nays — 0.
Hazardous Waste & Low Level Radioactive Waste Management Board (1
appointment): Commissioner Norman nominated Millard Brasington.
MOTTO by Chairman Tice to close the nominations and appoint Brasington
by acclamation.
VOTING: Ayes — 5; Nays — 0.
Industrial Facilities & Pollution Control Financing Authority (1
appointment): Commissioner Williams nominated Larry Rogers.
MOTION by Chairman Tice to close the nominations and appoint Rogers by
acclamation.
VOTING: Ayes — 5; Nays — 0.
Centralina Workforce Development Board (1 appointment): Commissioner
Norman nominated Jean Manall.
MOTION by Chairman Tice to close the nominations and appoint Manall by
acclamation.
VOTING: Ayes — 5; Nays — 0.
CLOSED SESSION: MOTIO by Chairman Tice at 8:20 p.m., to enter into
closed session for the purpose of discussing an Economic Development matter pursuant to
G.S. 143-318.11 (a) (4) and Personnel items pursuant G.S. 143-318.11 (a) (6).
VOTING: Ayes — 5; Nays — 0.
RETURN TO OPEN SESSION AT 8:45 P.M.
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CALL FOR A PUBLIC HEARING ON FEBRUARY 21 FOR CAROLINA
NONWOVENS: MOTION by Commissioner Johnson to call for a public hearing on
February 21, 2006 at 7:00 P.M., regarding an economic development incentive of
$174,000 (over a five-year period) for Carolina Nonwovens based on a $10 million
investment in Iredell County.
VOTING: Ayes — 5; Nays — 0.
ADJOURNMENT: There being no further business, Chairman Tice at
8:47 P.M. made aotio to adjourn the meeting. (NEXT MEETING:
February 21, 2006, 5:00 P.M. and 7:00 P.M., in the Iredell County Government Center,
200 South Center Street, Statesville, NC.)
VOTING: Ayes — 5; Nays - 0.
Approved:
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Clerk to the Board