HomeMy WebLinkAboutJuly_18_2006_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
JULY 18, 2006
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
July 18, 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
Ken Robertson
Absent: Commissioner Marvin Norman, due to being out of state.
Staff present: Acting County Manager Susan Blumenstein, 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 Johnson.
PLEDGE OF ALLEGIANCE
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
Recognition of Artis Brown and Gwen Parks, both Retirees of the Iredell County
Sheriff's Department: Chairman Tice expressed thanks to Mr. Brown, who was employed with
the county for 25 years. He was presented with an appreciation plaque. (Lieutenant Darren
Campbell attended the meeting with Brown.)
In absentia, Gwen Parks was recognized and thanked for her 19 years of service at the
sheriff's department.
Jeff Corbett, on behalf of NuCare Carolina Ambulance Service, Speaks in
Opposition to Allowing Additional Private Ambulance Companies to Operate in the County: Mr.
Corbett said NuCare was created in 1997, and he was at the meeting to express opposition to a
second private ambulance carrier operating in Iredell County. Corbett said he would not speak
about any particular applicants, but he would focus on why a second carrier would have a
negative affect. He distributed a handout and said market demand was being provided for both
emergency and non -emergency basic life support (BLS) transports. He said NuCare had
provided 97% (1,722 transports) of the non -emergency BLS transports from January through
June of this year. (Iredell County EMS provided 54 transports or the remaining 3%.) Mr.
Corbett said recently, a fourth truck was added to the fleet to operate during the peak hours of 9
a.m. to 5 p.m. Corbett said if the market demanded more vehicles, they would be added. He said
that on May 1, Jerry Ashley with the state, made a "surprise" inspection that rendered positive
findings. Mr. Corbett said there was no need for another private carrier, and if allowed, a second
service would fragment the market creating a situation where non -emergency calls in the less
profitable time periods (weekends/overnights) would no longer be provided. He said then, the
county EMS would have to provide these calls on top of its already busy schedule.
Corbett asked the board to either (1) look at the data to see if it justified another carrier or
(2) table the matter until additional information could be reviewed. Additionally, he asked time
for his fourth truck to become established in the community to meet market demand. Corbett
said he feared repercussions if the board did not study the market.
ADJUSTMENTS OF THE AGENDA: MOTTO by Chairman Tice to approve the
following agenda adjustments:
Addition: • Craig Sparks, Owner of Calvary Medical Transport, Allowed to Speak Up to
Three Minutes
Deletion: • Update from Planning Director Steve Warren Regarding the Catawba
Wateree Relicensing Project/Duke Energy (see briefing minutes)
Revision: • Rezoning Case 0606-4 (Perth Landscaping) will be Moved to the Beginning of
the Public Hearings Due to a Letter from the Applicant Requesting to Withdraw
the Case
VOTING: Ayes — 4; Nays — 0.
Craig Sparks, Speaks in Reference to Allowing Calvary Medical Transport, Inc., to
Operate a Basic Life Support (BLS) Ambulance Service: Mr. Sparks, the owner of Calvary
Ambulance Service, spoke about providing BLS transports. He said that in the past six years,
Calvary or CMT had grown from 6 employees, with 2 ambulances, to 70 employees with 12
ambulances. He said 45,000 patients had been transported and only 10 complaints had been
filed. Sparks said the paramedics who had been complained about were fired. He said Interim
EMS Director David Cloer, along with EMS Medical Director Dr. Folsted, had approved CMT's
request to operate in the county, and a local hospital CEO had written a letter on behalf of CMT.
Sparks said most of the requirements had been met to operate in Iredell County, including state
approval, and a site had already been rented. He said the only requirement left was to obtain
signatures from the county manager or EMS Director on the state forms. Mr. Cloer said he felt a
franchise would be helpful, and he would send a copy of the one used in Forsyth County.
(No action taken; however, see briefing minutes for a directive to Asst. Co. Mgr.
Jackson.)
PUBLIC HEARINGS
Chairman Tice declared the meeting to be in a public hearing.
Road Closure: Request from Robert M. Gandy, Barbara L. Gandy, Charles D.
Nantz III, Maxine G. Nantz, and Kent Shaw to Close an Unused Portion of the Road,
"Nature's Trail & to Abandon the Recorded Right -of Way: Planning Supervisor Warren
said a resolution was recently passed stating the intent to close a portion of Nature's Trail. He
said all legal requirements had been met, and the only remaining step was to pass a closure order.
No one else desired to speak, and Chairman Tice adjourned the meeting.
MOTTO by Commissioner Johnson to approve the order to close a portion of Nature's
Trail as presented.
VOTING: Ayes — 4; Nays — 0.
ORDER TO CLOSE A PORTION OF THE ROAD KNOWN AS NATURE'S TRAIL
WHEREAS, on the 18`h day of July, 2006, at 7:00 p.m., the Iredell County Board of
Commissioners held a public hearing as required by N.C. General Statute §153A-241; and
WHEREAS, after said public hearing, the Iredell County Board of Commissioners finds
no cause to retain that 0.068 acre parcel of land as shown in Plat Book 46, Page 59, Iredell
County Registry.
NOW, THEREFORE BE IT ORDERED, by the Iredell County Board of Commissioners
that the 0.068 parcel of land as shown in Plat Book 46, Page 59, is closed in accordance with the
requirements ofN.C. General Statute § 153A-241.
Chairman Tice declared the meeting to be in a public hearing.
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Case No. 0606-4: Request from Perth Landscaping Supply, LLC to Amend the
Iredell County Land Use Plan & to Rezone Property from Residential Agricultural to
Highway Business Conditional Use District: Planning Supervisor Steve Warren said that
earlier today he received a letter from the applicant requesting to withdraw this case. He read the
letter as follows:
July 18, 2006
Attn: Steve Warren, Deputy Director
Department of Planning
Perth Landscape Supply, LLC and Grayson Odell Stamey, Jr., (owner) request to withdraw its petition for
rezoning property at 1453 Perth Road, Mooresville, NC 28117.
Sincerely,
Grayson cidef(Stamey, Jr.
Perth Landscape Supply, LLC
Warren said, however, the applicant had now requested to rescind the withdrawal.
Chairman Tice asked for an opinion from Attorney Pope on the proper procedure to handle
the applicant's requests.
Attorney Pope said he understood a formal, written withdrawal had been received.
Planning Supervisor Warren said this was correct.
Attorney Pope said now, however, the applicant had verbally requested to withdraw the
withdrawal. He asked the timeframe of the requests.
Warren said initially, he received a verbal request to withdraw. He requested a written
withdrawal and one was received at 1:35 p.m., this afternoon. Warren said, however, just a few
minutes before the meeting, the applicant had verbally requested to withdraw the withdrawal letter.
Pope said he wasn't aware of any precedent, but he was of the opinion the request had
been withdrawn.
Chairman Tice declared the public hearing closed.
An unidentified audience member asked if the applicant (Stamey) could reapply for the
rezoning, but during the mean time continue the operations that were already in violation of the
zoning ordinance.
Warren read a section of the zoning ordinance as follows: "In any case were a petition for
a change in zoning classification receives an unfavorable recommendation from the county
planning board after a public hearing, and the petitioner withdraws his application, no new petition
for any change in zoning classifications of the same property, or any part thereof, shall be filed
within a period of 180 days immediately following the withdrawal of the petition."
Warren said that in agreement with the ordinance, Mr. Stamey would have the right to file
a new petition after six months, and it would heard by the planning board and the board of
commissioners.
Another unidentified member of the audience asked if Mr. Stamey had to abide by the
ordinance in terms of the already existing violations. The audience member said, "There has been
no enforcement of the zoning in two years. When can we expect enforcement of the present zoning
ordinance?"
Warren said that with the petition being withdrawn, code enforcement would be back in
place. Mr. Warren said there were issues and questions, and the staff would need to look at the
situation and follow the letter of the law.
MOTION by Commissioner Robertson to accept the letter of withdrawal.
VOTING: Ayes — 4; Nays — 0.
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Chairman Tice declared the meeting to be in a public hearing, and due to the hearing
involving conditional uses, all persons desiring to speak were requested to come forward for the
oaths.
Case No. 0606-1: Request from Keith Martin to Rezone Property from Residential
Agricultural to Light Manufacturing Conditional Use District: Planning Director Warren
presented the staff report, a copy of which is as follows:
PLANNING STAFF REPORT
CASE NO. 0606-I
OWNER /APPLICANT: Keith Martin
1 10 Jade Spring Court
Mooresville, NC 28117
(704)871-8211
LOCATION: 3114 Salisbury Highway in Statesville, NC; more specifically
identified as PIN#s 4773-72-6511 and 4773-71-5799. Directions: From
Statesville, east on Salisbury Highway; property on right past Triplett Road
intersection.
REQUESTED ACTION AND CONDITIONS: Rezone 4773-71-5799 and a
portion of 4773-72-6511 (with the exception of .75 acre which is north of the
existing Salisbury Hwy) from RA, Residential Agricultural to M-1 CUD, Light
Manufacturing Conditional Use District with the following condition:
• The following uses are prohibited: Adult-oriented businesses; dance
halls/night clubs; go-cart/motorcycle & similar vehicle tracks;
shooting ranges (indoor and outdoor); correctional institutions;
landfill (building debris, private); landfill (sanitary, private).
PROPOSED USE: Light Industry spec buildings.
SIZE: 13.1 acres.
EXISTING LAND USE: Vacant.
SURROUNDING LAND USE: Residential, Commercial.
WATERSHED REGULATIONS: The subject parcel is not located within a
Watershed area.
TRAFFIC: In 2004, this section of the existing Salisbury Highway had an
average of 10,000 vehicles per day. The new Salisbury Highway, when
constructed, will have four lanes.
ZONING HISTORY: The subject parcels have been zoned RA since countywide
zoning took effect in 1990. Originally one parcel, this land was split in 2002 with
the DOT's acquisition of new Right -of -Way for the new Salisbury Highway.
STAFF COMMENTS: The applicant seeks to have the subject parcels rezoned
from RA to Ml -CUD with appropriate conditions given the rural nature of an area
that has a mix of residential and industrial/commercial. Applicant plans to
construct spec industrial buildings on this site. The Highway 70 Small -Area Plan
does show this area to be suitable for future industrial expansion; however, the
Plan encourages build -out of the primary industrial area before such expansion
occurs eastward. In evaluating this, one sees there is considerable industrial
development in these areas at the present time; the exception is the Statesville
Business and Industrial Park which remains largely undeveloped, although there
are stringent criteria for industries that choose to locate in this area. The
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restrictive covenants of this park are geared towards a higher level of aesthetic
standards in construction and therefore may be targeted towards certain clientele
that specifically seek a controlled industrial -park type environment. The
construction of the new Salisbury Highway is also underway with an expected
completion date of July 2007, and this factor is important in future land -
development patterns along this corridor. In addition to providing effective
access to and from the primary industrial areas, the new road can also help
facilitate future industry as envisioned in the Small Area Plan. For these reasons,
staff recommends in favor of this request.
PLANNING BOARD ACTION: On June 7, 2006 the Planning Board voted
unanimously to recommend in favor of this zoning map amendment and to advise
that it is consistent with the Highway 70 Small -Area Plan.
No one else desired to speak, and Chairman Tice adjourned the meeting.
MOTION by Commissioner Robertson to approve the proposed amendment and to make a
finding that approval is consistent with the adopted Highway 70 Small -Area Plan and that said
approval is reasonable and in the public interest due to its consistency with the Highway 70 Small -
Area Plan; as a result, said approval furthers the goals and objectives of the Highway 70 Small -
Area Plan.
MOTTO by Commissioner Robertson to approve the Conditional Use Findings of Fact.
VOTING: Ayes — 4; Nays — 0. (both motions)
Chairman Tice declared the meeting to be in a public hearing, and requested all persons
desiring to speak in reference to Case No. 0606-2, and its conditional uses, to proceed to the dais
for the administering of the oaths.
Case No. 0606-2: Request from Thomas Brett Sawyer to Amend the River Highway
Small Area Plan & to Rezone Property from Residential Agricultural to Residential Office
Conditional Use District: Planning Director Warren presented the following staff report for this
case:
PLANNING STAFF REPORT
CASE NO. 0606-2
OWNER /APPLICANT: Thomas Brett Sawyer
2195 Perth Road
Mooresville, NC 28117
(704)902-7080
LOCATION: 2195 Perth Road in Mooresville, NC; more specifically identified
as PIN# 4638-72-7875. Directions: From Mooresville, travel north on Perth
Road from River Highway; property on right at corner of Lakeshore School Road.
REQUESTED ACTION AND CONDITIONS: 1) Amend the River Highway
Small Area Plan; 2) Rezone subject parcel from RA, Residential Agricultural to
RO-CUD, Residential Office Conditional -Use District with the following
condition:
• Use limited to insurance, finance, and real estate office. All other R -O
uses shall be prohibited.
PROPOSED USE: Finance/Insurance/Real Estate office.
SIZE: 1.145 acres.
EXISTING LAND USE: Residential.
SURROUNDING LAND USE: Residential, Educational, Airpark.
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WATERSHED REGULATIONS: The subject parcel is located within the WSIV
Critical Area.
TRAFFIC: In 2003, there was an average of 6,800 vehicles per day on this
section of Perth Road. According to the Iredell County Thoroughfare Plan, Perth
Road has a carrying capacity of 12,000 vehicles per day.
ZONING HISTORY: The subject parcel has been zoned RA since countywide
zoning took effect in 1990.
STAFF COMMENTS: The applicant seeks to have the subject parcel rezoned
from RA to RO-CUD with the condition that the only use to occupy the property
will be an office for insurance/finance/real estate services. This property is near
the corner of Lakeshore School Road. With the recent alignment of Perth Road
with Doolie Road at the River Highway intersection, this area has opened up to
commercial development; indeed, the Small Area Plan stated that "Once this
intersection is realigned it will be necessary to reexamine the recommendations
for this node." The Town of Mooresville has annexed much of this area for a
future shopping center near River Highway. The Town has also annexed 19 acres
on the east side of Lakeshore School Road. This pattern of development was
recognized as a future possibility in the River Highway Small -Area Plan in 2000.
With the conditions proposed and the growing transitional nature of this corridor,
staff would recommend the amendment to the River Highway Small -Area Plan
(Transitional) and approval of the rezoning request.
PLANNING BOARD ACTION: On June 7, 2006 the Planning Board voted 8-2
to: 1) recommend amendment of the River Highway Small -Area Plan; and 2)
recommend in favor of this request and to advise that it is consistent with the
River Highway Small -Area Plan.
Commissioner Johnson asked Mr. Warren if this part of Perth Road in the future would be
undesirable for residential uses.
Warren said it was a "foregone conclusion" the area in the future would be primarily
commercial.
Thomas Brett Sawyer, the owner/applicant, said he and his wife had owned the property
(Sawyer Insurance) for about five years, and his parents first purchased it in the 1980s. He said
the road traffic was primarily through -traffic, and the request had strict limitations.
No one else desired to speak, and Chairman Tice adjourned the hearing
MOTTO by Commissioner Williams to amend the River Highway Small Area Plan.
MOTION by Commissioner Williams to approve the proposed amendment and to make
a finding that approval is consistent with the adopted River Highway Small -Area Plan and that
said approval is reasonable and in the public interest due to its consistency with the River
Highway Small -Area Plan; as a result, said approval furthers the goals and objectives of the
River Highway Small -Area Plan.
MOTION by Commissioner Williams to approve the Conditional Use Findings of Fact.
VOTING: Ayes — 4; Nays — 0 (all three motions)
Chairman Tice declared the meeting to be in a public hearing, and requested all persons
desiring to speak in reference to Case No 0606-03, and its conditional uses, to come forward for
the administering of the oaths.
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Case No. 0606-3: Request from Dawn P. Patrick to Amend the Brawley Peninsula
Small Area Plan & to Rezone Property from Residential Agricultural to Residential
Office Conditional Use District: Planning Supervisor Warren described this request and
presented the following staff report:
PLANNING STAFF REPORT
CASE NO. 0606-3
OWNER /APPLICANT: Dawn Patrick
1305 Brawley School Road
Mooresville, NC 28117
(704)253-0249
LOCATION: 1305 Brawley School Road in Mooresville, NC; more specifically
identified as PIN# 4636-15-0358. Directions: West on Brawley School Road
from Mooresville; property on left past Isle of Pines Road intersection.
REQUESTED ACTION AND CONDITIONS: 1) Amend the Brawley School
Road Small Area Plan; 2) Rezone subject parcel from RA, Residential
Agricultural to RO-CUD, Residential Office Conditional -Use District with the
following condition:
• The following uses shall be prohibited: mobile home park; cluster
development; cemetery; automobile parking lots; funeral homes;
sewage treatment plants.
PROPOSED USE: Chiropractor Office.
SIZE: .96 acres.
EXISTING LAND USE: Residential with home office.
SURROUNDING LAND USE: Residential, commercial.
WATERSHED REGULATIONS: The subject parcel is located within the WSIV
Critical Area.
TRAFFIC: This section of Brawley School Road had an average of 12,000
vehicles per day in 2004; according to the Iredell County Thoroughfare Plan, this
section of Brawley School Road has a carrying capacity of 9,000 vehicles per day.
ZONING HISTORY: The subject parcel has been zoned RA since countywide
zoning took effect in 1990.
STAFF COMMENTS: The applicant seeks to have the subject parcel rezoned
from RA to RO-CUD with the condition that certain uses shall be excluded from
the property. The applicant currently resides on the property and is permitted to
operate her Chiropractic practice as a home occupation. The applicant is
requesting rezoning because, due to increasing development and traffic along
Brawley School Road, she feels the property will be better suited to future office
usage rather than purely residential. However, this request is not compatible with
the Brawley School Road Area Plan; the Plan calls for Residential development
south of the Blume & Stutts Road areas. The Plan envisioned that the Brawley
School corridor should remain with a resort -residential feel for the majority of its
southern end, thereby reducing opportunities for strip commercial development
along the full length of the corridor. This factor was noted even though it was
known that road widening would occur in the future. Specifically, the Plan's goal
for transportation is to "Promote a thoroughfare design that safely and efficiently
moves people into and out of the Brawley School Road Peninsula while
controlling local land -use activities and providing for basic recreation and
pedestrian opportunities." Additionally, the Plan's goal for future land -use
decisions is "To maintain Brawley School Road's primarily residential character
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and to accommodate neighborhood -oriented businesses at strategic and well-
planned locations along the corridor." Such locations were identified as being
further northeast in the Blume and Stuns Road areas; since the Plan's adoption
however, the County amended it to include a "Low Intensity Office" node just
south of McKendree Road and some subsequent rezoning occurred here in 2004.
This was a limited area and was not envisioned to be a continued pattern outside
that area. For all the foregoing reasons, staff feels that continued consideration of
piecemeal rezonings along the Brawley School Road would defeat the residential
objectives of the Land Use Plan in this area. In short, this portion of the corridor
was not envisioned to transition into a strip -commercial area. Staff therefore
would recommend against this request.
PLANNING BOARD ACTION: On June 7, 2006 the Planning Board voted 8-2
to recommend denial of this request.
Warren said the planning board and staff sympathized with the applicant, and the
decision to deny the request had been difficult. He said the staff wanted to watch for piece meal
rezonings on the Brawley School Road due to the road improvements.
Dawn Patrick, owner/applicant, distributed photographs of the site and stated new
information had been received since the planning board meeting. She said the photos illustrated
how much road frontage would be taken due to the road widening. Patrick said property near her
consisted of a wooded area with a school behind it, a vacant lot, a homeowner occupation
business site (sells tin and goats), and another homeowner occupation business (sells pine straw,
Christmas trees, and tomatoes). She said homeowner occupations were abundant from Stuns
Road to the Pointe entrance, and it wasn't as residential as one would expect. Ms. Patrick said
the road project wouldn't really affect the property owners north of Brawley School Road, but
their tax values had increased to $300,000 an acre. She said her property, behind Stotts Road,
was a new neighborhood with homes costing $500,000 to $700,000.00, and these weren't even
on the lake.
Patrick said Noah McArthur, with the North Carolina Department of Transportation
(NCDOT), recently looked at her property in terms of the road project. She said a measurement
had been taken from her front steps to the road, and it was 70 feet. Patrick said the road would
eventually be widened from two lanes to four lanes with a median that would disallow left turns
into, or out, of her property. Additionally she said trees would be planted, along with bicycle
lanes and sidewalks. She said all of this would be placed on her property, which included the
vacant lot next door. Patrick said also, a 6 -foot ditch would be on her front property, and 26 feet
of side property (full length) would be used for a drainage ditch. She said the NCDOT
representative had also told her that all of the work would be done at night. Patrick said it
seemed unfair to apply a Land Use Plan to her request. She said the 5,000 homeowners south of
Stints needed the widening, but some property owners would be more adversely affected than
others.
Olivia Patrick said the road was already scary, and it would be even scarier when it was
widened into her mother's property. She requested the board members to really consider the
request.
Cole Crissup said the highway was already scary, especially when he walked his dog. He
said to imagine it being any closer was unimaginable. He, too, requested the board members to
consider the request.
Dawn Patrick said her property was in a watershed, and due to this, the road pavement
would have to be graded down in eight -foot increments. She said her front yard would have to
be cemented so the water could be pushed to the other side (overflow would come down on left
side).
Commissioner Johnson said he was sympathetic to the fact that some property owners
would suffer disproportionately due to the road widening; but he was finding it difficult to
understand how the rezoning would ameliorate the road construction project.
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Patrick said she would probably be able to conduct her chiropractor business without
actually living in the structure. She said under the current zoning guidelines she had to live
there.
Commissioner Robertson said the state would compensate the property owners. He
asked Ms. Patrick if this was her understanding.
Patrick said the DOT representative had stated, "A tree is worth what a tree is worth."
She said this could be argued, but the state would take the property regardless of whether or not
an agreement was reached on the price. She said there were concerns on her part about the
property not having any value.
Commissioner Robertson asked if she would even be able to operate her business on the
site.
Patrick said with no left turns, travelers would have to drive a mile -and -a -half past her
location and then turn around to come back.
Commissioner Robertson directed a question to Mr. Warren. He asked what would
happen if Ms. Patrick moved out of the house, tried to sell it, but no one bought it.
Warren said he wasn't an attorney, but the situation sounded similar to a "takings" --
taking property without just compensation. He said this would be a state matter.
Attorney Pope said, theoretically, Ms. Patrick would be compensated; however, some
things were not quantifiable.
Robertson asked Ms. Patrick's options if the board denied her request. He asked if her
only option would be to take the money from the DOT, demolish the present house, build
another house, drill another well, and install a sewer system further back on the same property.
Pope said this would probably be right. He mentioned the zoning would affect the value.
Commissioner Williams asked, assuming the board approved the request from RA to RO,
if the setbacks would allow Ms. Patrick to build again.
Warren gave the following setbacks:
Residential Agricultural: 35 ft. (front setback)
15 ft. (side from property lines)
35 ft. (rear property)
Residential Office (single-family) 35 ft. (front setback)
10 ft. (side from property lines)
25 ft. (rear property)
Any other use besides residential: 30 ft. (front setback)
8 ft. (side from property lines)
20 ft. (rear property)
Commissioner Williams asked if it would be residential or office.
Warren said the applicant wanted to change the zoning and use the site as an office.
Commissioner Williams asked about spot zoning.
Warren said technically, it would not be a spot zoning.
No one else desired to speak, and Chairman Tice adjourned the hearing.
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Commissioner Johnson acknowledged that the planning board/staff had to protect the
ordinance. He said the case basically came down to personal property rights. Johnson said Ms.
Patrick had been conducting a business in the past, and in spirit, she would be conducting the
same business with the rezoning.
OTION by Commissioner Johnson to amend the Brawley Peninsula Small -Area Plan.
VOTING: Ayes — 4; Nays — 0.
OTION by Commissioner Johnson to approve the zoning map amendment and to
make a finding that approval is consistent with the adopted Brawley Peninsula Small Area Plan
and that said approval is reasonable and in the public interest due to its consistency with the
Brawley Peninsula Small Area Plan; as a result, said approval furthers the goals and objectives
of the Brawley Peninsula Small Area Plan.
VOTING: Ayes — 4; Nays — 0.
OTIO by Commissioner Johnson to approve the Conditional Use Findings of Fact
after their review and determining them to be in order.
VOTING: Ayes — 4; Nays — 0.
Commissioner Robertson pointed out that Ms. Patrick worked out of her home. He said
many people would be impacted by the road widening, and just because this case was approved,
it didn't mean others would be approved.
Commissioner Johnson agreed. He said this case was unique.
---------------------------------------------CONSENT AGENDA
items.
MOTTO by Commissioner Johnson to approve the following fourteen consent agenda
VOTING: Ayes - 4; Nays — 0.
(All items were presented during the agenda briefing held earlier in the day.)
1. Approval to Proceed with Strategy Support Associates, Inc., in Regards to the
Strategic Plan for Iredell County (presentation was given during the briefing session)
2. Request from Theodore Morris, Representing Promenade on the Lake, LLC, for a
Release of Zoning and Subdivision Jurisdiction (ETJ) to the Town of Mooresville for
Property Located at 1479 River Highway (PIN# 4628-50-7259), west of Mooresville, NC:
Planner Rebecca Harper said this 16.569 acre tract was currently zoned for General Business,
and it did not adjoin the Mooresville town limits or the extraterritorial jurisdiction boundary.
She said the River Highway Corridor Plan designated the property for low-density residential,
transitional, and commercial development. Additionally, she said the property was located in the
WSIV-CA Watershed where development was allowed with up to 50% impervious coverage.
Harper said the site was being evaluated for hotel, retail, conference center, and condominium
purposes. She said Mooresville had approved water/sewer, and the applicant had submitted an
annexation petition. Harper said the staff recommended approval of the release due to the
current zoning making allowances for the hotel, retail and conference center (by right) and due to
the condos being consistent with proposed transitional uses.
Effective Date: 90 days from July 18, 2006 or October 16, 2006
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3. Request for Approval of the June 2006 Refunds and Releases: Acting County Manager
Blumenstein requested approval of the following releases and refunds.
JUNE 2006 TAX RELEASES & REFUNDS
Releases
Refunds
County
18,009.71
1,653.84
Solid Waste Fees
312.00
0
East Alexander Co. Fire #1
0
0
Shepherd's Fire # 2
0
0
Mount Mourne Fire # 3
30.96
5.78
All County Fire # 4
730.48
15.65
Statesville City
837.98
34.20
Statesville Downtown
0.62
0
Mooresville Town
10,089.75
95.55
Mooresville Downtown
0
0
Mooresville School
0
0
Love Valley
0
0
Harmony
323.86
0
Troutman
35.27
0
Total
$30,370.63
$1,805.02
A complete list, of the individual
into the minutes by reference.
tax releases and refunds,
is hereby incorporated
4. Request from the Sheriff's Department for Approval to Establish a Temporary, Full -
Time Position (no new funds requested): Chief Deputy Dowdle advised that a lieutenant
would be retiring within the year, and it was important to train someone for the position. He said
the sheriff desired to create a temporary, but full-time sergeant's position up until the lieutenant
retired. Dowdle said the employee occupying the temporary position would assume the retiring
officer's duties once the retirement occurred.
5. Request for Approval to Renew a Pay Phone & Inmate Recording System Contract with
Securus Technologies (formerly Evercom Systems, Inc.) Chief Deputy Dowdle said this four-
year contract was for the pay phones and inmate recording system at the jail. He said the company
had been reliable in the past, and the department recommended approval.
Acting County Manager Susan Blumenstein added that the past four-year commissions on the
phones had been $233,077.53.
6. Request from the Iredell County Area Transportation Department to Shift Funds
(Operational Budget) from Salaries/Part-Time to Salaries/Full-Time (includes benefits) for
Three New Driver Positions and to Reclassify a Part -Time Driver Position to a
Temporary Position (Actions will create a Reduction in 2006-07 budget): Transportation
Director Ben Garrison said that due to increased need, especially in employment transports, some
shifting of personnel was needed. He said in the past, it had been difficult to recruit and hire part-
time drivers plus there had been much turnover. Garrison said the request, after approval, would
actually generate a $16,996 increase in fund balance.
7. Request for Approval of Budget Amendment #1 to Allocate/Appropriate Homeland
Security Grant Monies from Prior Years that Have not been Expended: Emergency
Management Director David Martin said the state had extended the deadline for usage of the FY
2003 (Part One & Part Two) grants, the FY 2004 grant funding, and the FY 2004 funds for the
Citizens Corp. He said $60,348 remained, and he requested permission to use the funds for the
following:
• light towers (3) to be used by all emergency responders $27,600
• interoperability radio converter for command unit $10,000
• UHF & VHF radios to be used with converter $ 2,100
• Satellite phones (2) EM for direct state contact $ 9,540
• Bikes/equipment for EMS Medical Bike team $ 2,830
• Duplexes (2) for EM radio cache $ 1,200
• CERT Kits for CERT Teams $ 1,400
8. Request for Approval of Budget Amendment #2 to Appropriate Additional Homeland
Security Funds Awarded to the County with Funding to be Used for a Disaster Recovery &
Debris Management Plan ($25,000) and for an Update to the County's Emergency
Operations Plan ($6,800) Along with Approval for the Emergency Management Director to
Sign the Memorandum of Agreement and the Two Contracts (E -Plan & Beck Disaster
Recovery): Emergency Management Director David Martin requested permission to accept a
planning grant of $32,000 to be used for a contract with Beck Recovery for a disaster recovery
and debris management plan and for an update to the county's Emergency Operations Plan.
To allocate/appropriate Homeland Security Grant Monies from prior years that
have not been expended.
BA#2
BA#1
Account#
Account
Current
Change
Amended
Amended
General Fund
Homeland Security Grant Part t
(2,216)
(32,000)
104548 438401 14548
Homeland Security 2004
Contracted Services
(16,408)
(16,408)
100548 620000 14541
Non -Depreciable Assets
320
(320)
100548 535000 14542
Departmental Supplies
622
2,320
2,942
100548 535018 14542
Printed Materials
500
(500)
100548 537508 14542
Contracted Services
1,500
(1,500)
100548 535000 14546
Departmental Supplies
708
3,604
4,312
100548 536000 14546
Training & Development
3,300
(1,095)
2,205
100548 536002 14546
Training Exercises
10,490
(5,929)
561
100548 620000 14546
on -Depreciable Assets
846
4,054
4,900
100548 610000 14546
Depreciable Assets
634
634)
100548 536000 14547
Training & Development
19,850
(19,850)
100548 610000 14547
Depreciable Assets
19,850
19,850
100548 577302 14548
Grant Pass- Thru to Other Agencies
821
(821)
100548 535000 14548
Departmental Supplies
1,238
3,224
4,462
100548 610000 14548
Depreciable Assets
10,000
10,000
100548 620000 14548
on -Depreciable Assets
895
4,005
4,900
8. Request for Approval of Budget Amendment #2 to Appropriate Additional Homeland
Security Funds Awarded to the County with Funding to be Used for a Disaster Recovery &
Debris Management Plan ($25,000) and for an Update to the County's Emergency
Operations Plan ($6,800) Along with Approval for the Emergency Management Director to
Sign the Memorandum of Agreement and the Two Contracts (E -Plan & Beck Disaster
Recovery): Emergency Management Director David Martin requested permission to accept a
planning grant of $32,000 to be used for a contract with Beck Recovery for a disaster recovery
and debris management plan and for an update to the county's Emergency Operations Plan.
9. Request for Approval of Budget Amendment #3 for a Capital Reserve Fund
Appropriation for the Construction of a Facility Services Warehouse: Facility Services
Director Jeff Frazier and Acting County Manager Blumenstein advised that a 7,500 sq. ft.
warehouse was being planned for facility services. Blumenstein said the project was included in
the county's five-year plan, and it was listed as a 2006-07 project. Due to construction lasting
less than a year, Blumenstein said a capital project fund would not be created.
Frazier said the advantages of the building would be in the elimination of rented storage units,
plus having all of the equipment in one building. Frazier estimated it would take about three
months to complete the facility.
12
To appropriate additional Homeland Security Grant Funds awarded to Iredell
County. These funds will be used for a disaster recovery and debris
BA#2
management plan ($25,000) and to update the County's Emergency Operations Plan
($6,800).
Account
General Fund
Current
Chane
Amended
104548 438400 14546
Homeland Security Grant Part t
(2,216)
(32,000)
(34,216)
100548 537508 14546
Contracted Services
32,000
32,000
9. Request for Approval of Budget Amendment #3 for a Capital Reserve Fund
Appropriation for the Construction of a Facility Services Warehouse: Facility Services
Director Jeff Frazier and Acting County Manager Blumenstein advised that a 7,500 sq. ft.
warehouse was being planned for facility services. Blumenstein said the project was included in
the county's five-year plan, and it was listed as a 2006-07 project. Due to construction lasting
less than a year, Blumenstein said a capital project fund would not be created.
Frazier said the advantages of the building would be in the elimination of rented storage units,
plus having all of the equipment in one building. Frazier estimated it would take about three
months to complete the facility.
12
10. Request for Approval of Budget Amendment #4 to Recognize Additional Funding from
the Iredell-Statesville School System for the Placement of a School Resource Officer at the
Springs Academy Along with Providing Additional Security at Lake Norman High School:
Chief Deputy Rick Dowdle and Acting County Manager Susan Blumenstein said funds were
available from the school system to place an officer at the Springs Academy. Dowdle said this
high school was the only one without a resource officer, and when needed, the person would
supply extra security at Lake Norman High School.
BA#4
To transfer funds to the General Fund from Capital Reserve Fund for
Account #
construction of a 7,500 sq. ft. warehouse for Facility Services.
BA#3
Funding was included in the 5 -year capital plan.
Account
General Fund
Current
Chane
Amended
School Resource Officer (260,000)
Capital Reserve Fund
(307,905)
100510 510002
Salaries & Wages Regular 4,860,850
340800 5800.50
Future Capital Projects
515,500
(225,000)
290,500
340800 5760.10
Transfer to General Fund
-
225,000
225,000
100510 512502
General Fund
6,120
752,760
100510 531500
104880 4950.34
Transfer from Capital Reserve
-
(225,000)
(225,000)
100455 6050.00
Buildings & Building Improvements
5,000
225,000
230,000
10. Request for Approval of Budget Amendment #4 to Recognize Additional Funding from
the Iredell-Statesville School System for the Placement of a School Resource Officer at the
Springs Academy Along with Providing Additional Security at Lake Norman High School:
Chief Deputy Rick Dowdle and Acting County Manager Susan Blumenstein said funds were
available from the school system to place an officer at the Springs Academy. Dowdle said this
high school was the only one without a resource officer, and when needed, the person would
supply extra security at Lake Norman High School.
BA#4
To recognize funds for an additional School Resource Officer at the Springs
Academy and additional security at Lake Norman High School.
Account #
Current
Chane
Amended
General Fund
104510 472234
School Resource Officer (260,000)
(47,905)
(307,905)
100510 510002
Salaries & Wages Regular 4,860,850
30,700
4,891,550
100510 512501
FICA Tax 426,120
2,349
428,469
100510 512503
State Retirement & 401 K 514,310
3,009
517,319
100510 512502
Health Insurance 746,640
6,120
752,760
100510 531500
Insurance & Bonds 412,200
1,687
413,887
100510 535000
Supplies - Departmental 250,000
2,320
252,320
100510 535500
Telephone 229,000
720
229,720
100510 536000
Training & Development 45,000
1,000
46,000
11. Request for Approval of Emergency Management Assistants: Emergency Management
Director David Martin requested approval to appoint Larry Barger, William Wood, David
Summers, and Marc Pruitt as Emergency Management Assistants. He said the four could assist
during disaster situations and the costs for the action would be minimal (training/accumulation of
some comp time).
12. Request for the Acceptance of a Condominium Declaration from the Lake Norman VFD
for the Housing of an EMS Substation: Assistant County Manager Tracy Jackson said this
document would protect both the county and the new fire department. He said a separate
agreement provided the pay -out of approximately $240,000 by the county over a ten-year period
for the EMS substation, housed in the fire department, that would provide service in the Brawley
Peninsula area.
13. Request for the Appointment of a Voting Delegate for the Annual Conference of the North
Carolina Association of County Commissioners to be held in Winston-Salem, NC from
September 7-10, 2006: The schedules for the commissioners will not permit them to attend the
conference this year, and County Manager Joel Mashburn was appointed as the voting delegate.
14. Request for Approval of the June 20, 2006 Minutes
OF CONSENT AGENDA ------------------------------------
13
Request for the Adoption of a Special Handling Fee of $110 a Ton for Certain Types
of Solid Waste: Solid Waste Director David Lambert said there wasn't an approved fee for
materials requiring special handling with the exception of friable asbestos that cost $110 a ton for
disposal. He said animal carcasses/animal wastes required similar handling due to the need for
immediate burial. He recommended that a special rate be used for animal carcasses, commercial
quantities of animal waste and similar wastes. Lambert said this would be a fair proposal for all
parties. He said the fee schedule would beset at $110.00 a ton for all animal disposal with $1.10
being the minimum tipping fee.
OTIO by Commissioner Williams to approve the Special Handling Fee of $110 a ton
for Certain Types of Solid Waste as outlined by the Solid Waste Director.
VOTING: Ayes — 4; Nays — 0.
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Industrial Facilities & Pollution Control Financing Authority (1 announcement)
Adult Care Home Community Advisory Committee (1 announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Adult Care Home Community Advisory Committee (4 appointments): MOTION
by Chairman Tice to postpone these four appointments until the August 1 meeting.
VOTING: Ayes — 4; Nays — 0.
Region F Aging Advisory Committee (2 appointments): Chairman Tice nominated
Barbara Barrier.
No other nominations were submitted, and Chairman Tice made a mono to close the
nominations, appoint Barrier by acclamation, and to postpone the appointment of an alternate until
the August 1 meeting.
VOTING: Ayes — 4; Nays — 0.
School Facilities Task Force (3 public appointments plus Commissioners Johnson &
Norman): Commissioner Williams nominated Dinah Daniels.
Commissioner Tice nominated Ann Goode.
Commissioner Johnson nominated Carmen Boggs.
OTION by Chairman Tice to close the nominations and appoint Daniels, Goode, and
Boggs by acclamation.
speak.
VOTING: Ayes — 4; Nays — 0.
PUBLIC COMMENT PERIOD: A comment period was offered, but no one desired to
ACTING COUNTY MANAGER'S REPORT
Election Day: Ms. Blumenstein mentioned that Election Day in November fell on the regular
meeting date for the board. It was determined that a request would be on the August I agenda for a
determination regarding the November schedule.
Medicaid: Blumenstein said the legislature approved a one time relief package for Medicaid, and
the counties share would be $27.4 million for next year. She said, however, the distribution method
used by the Department of Health and Human Services would be to invoice the regular county share
14
each month until the 2005-06 level was reached. Blumenstein said at that point, credits would be
issued. She expressed concerns about counties quickly reaching the 05-06 level, and the credits
getting drawn down fast -- first -come -first-served basis. Mrs. Blumenstein said an e-mail was sent
to the commissioners' association advising of concerns about the distribution method. She said if
Iredell County received its full credit, there would be about a $758,000 savings in the 06-07 budget.
CLOSED SESSION: Citing G.S. 143-318.11 (a) (4) — Economic Development and G.S.
143-318.11 (a) (5) — Property Acquisition, Chairman Tice made a motion at 8:50 P.M. to enter into
closed session.
VOTING: Ayes -4; Nays -0.
(RETURN TO OPEN SESSION AT 9:35 P.M.)
ADJOURNMENT: Chairman Tice at 9:35 P.M. made a notion to adjourn the meeting.
(NEXT MEETING: Tuesday, August 1, 2006 at 5 p.m. and 7 p.m., in the Iredell County
Government Center, 200 South Center Street, Statesville, NC.
VOTING: Ayes - 4; Nays — 0.
Approval:
15
Clerk to the Board