HomeMy WebLinkAboutOctober_3_2006_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
OCTOBER 3, 2006
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
October 3, 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 Johnson
Marvin Norman
Ken Robertson
Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, and Clerk to
the Board Jean Moore.
CALL TO ORDER by Chairman Tice
INVOCATION by Commissioner Johnson
PLEDGE OF ALLEGIANCE
ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to approve the
following agenda adjustments:
Deletion: • Request for a Review of the Solid Waste Tipping Fee Waiver Guidelines as they
Relate to Debris from the Demolishment of Dilapidated Mobile Homes (see briefing
minutes)
• Closed Session/Personnel — G.S. 143-318.11 (a) (6)
Addition: • Request from Rick Howard of Langtree Properties for the Zoning Jurisdiction
Release of Two Parcels to the Town of Mooresville (Owners are Jean H. Oliver &
Bobby Lee Oliver Sr., and David A. Woodard & Shasta Woodard)
• Request from the Sheriff's Department for Permission to Apply for a Governor's
Crime Commission Gang Enforcement/Prevention Grant (up to $100,000)
VOTING: Ayes — 5; Nays — 0.
PUBLIC HEARING
Chairman Tice declared the meeting to be in a public hearing, and requested all persons
desiring to speak to proceed to the dais for the administering of the oaths.
Case No. 0609-1; Owners/Applicants Wayne & Esteline Jenkins Request a Rezoning
from Highway Business Conditional Use District to Highway Business Conditional Use
District (To change the conditions from (1) no used units [proposed use was mobile home
sales] (2) comply with current watershed regulations [at the time it was 24%1, and (3) a six
foot wooden fence along the back of the property to (1) no outside storage except for the
dumpster and (2) extend the Leyland Cypress tree buffer on south side to front of the
proposed building (Location: 2141 Old Mountain Road, Statesville, NC): Deputy Planning
Director Steve Warren said the request for this case was to change the current conditional uses.
He then summarized the staff report as follows:
PLANNING STAFF REPORT
CASE NO. 0609-1
OWNER /APPLICANT: Wayne & Esteline Jenkins
199 Westward Road
Stony Point, NC 28678
(704)873-3890
LOCATION: 2141 Old Mountain Road in Statesville, NC; more specifically
identified as PIN# 4704-55-4644. Directions: West on Old Mountain Road from
I-40; property on left across from Sallie Drive.
• REQUESTED ACTIONS: 1) Rezone subject parcel from HB CUD,
Highway Business, Conditional Use District to HB CUD, Highway
Business, Conditional Use District; changing the conditions from 1) no
used units (proposed use was mobile home sales), comply with current
watershed regulations (at the time it was 24%), and 3) a six foot wooden
fence along the back of the property to 1) no outside storage except for the
dumpster and 2) extend the Leyland Cypress tree buffer on south side to
front of the proposed building.
PROPOSED USE: Retail (Dollar General store).
SIZE: 2.75 acres.
EXISTING LAND USE: Residential with rental homes.
SURROUNDING LAND USE: Residential, agricultural, retail, and a volunteer
fire department.
WATERSHED REGULATIONS: The subject parcel is located within the WSIV
Protected Area.
TRAFFIC: This section of Old Mountain Road had an average of 4,700 vehicles
per day in 2004; according to the Iredell County Thoroughfare Plan, this section
of Old Mountain Road has a carrying capacity of 12,000 vehicles per day.
ZONING HISTORY: The subject parcel was rezoned to HB CUD on
March 5, 1996 with the following conditions: 1) no used units (proposed use was
mobile home sales), comply with current watershed regulations (at the time it was
24%), and 3) a six foot wooden fence along the back of the property. There are
two other properties nearby that are also zoned HB CUD. The property across the
road was rezoned to HB CUD on June 2, 1992 with the following conditions: 1)
no bay doors to face Old Mountain Road and 2) allow any or all uses permitted in
the NB district and transmission shops under the HB district. The property to the
south was rezoned on November 1, 1994 with the following condition: to be used
for a mini -warehouse. Other properties in the area have been rezoned to GB in
1992 and 1997 and to NB in 1993.
STAFF COMMENTS: The applicant is requesting rezoning in order to sell the
property for a Dollar General store. It is the applicant's contention that the
current zoning conditions are not conducive for development of the property. The
conditions were part of the rezoning in 1996 when the proposed use of the
property was mobile home sales. The wooden fence requirement has been met.
The prohibition of used units no longer applies. The Watershed Ordinance now
allows for properties in this watershed to develop under the high-density option at
70% impervious, with approval by the Commissioners. The applicant would like
the previous conditions changed to the ones proposed. This would allow them to
request the high-density option from the Board of Commissioners. Said petition
is deemed appropriate for this property given (a) zoning history of subject
property and surrounding neighborhood; (b) recent developments in the
immediate vicinity including this area's first grocery store; (c) though the
application will allow uses (including the retail use stated on the application)
which could generate more traffic than the previous use, the highway and
intersection nearby can accommodate those uses without detrimental impact on
the surrounding area; the size of this parcel, the watershed restrictions and the two
conditions will also mitigate the impact of changes to traffic; and finally, (d) the
2
proposed zoning change is in compliance with the County Land Use Plan. Staff
therefore recommends in favor of this request.
PLANNING BOARD ACTION: On September 5, 2006, the Planning Board
voted 10-0 to recommend approval of this request and to advise that it is
consistent with the Iredell County Land Use Plan.
No else desired to speak, and Chairman Tice adjourned the hearing.
OTIO by Commissioner Robertson to approve the zoning map amendment
and to make a finding that approval is consistent with the adopted Iredell County Land
Use Plan and that said approval is reasonable and in the public interest due to its
consistency with the Iredell County Land Use Plan; as a result, said approval furthers the
goals and objectives of the Iredell County Land Use Plan
Fact.
VOTING: Ayes — 5; Nays — 0.
MOTION by Commissioner Johnson to approve the Conditional Use Findings of
VOTING: Ayes — 5; Nays — 0.
---------------------------------------------------CONSENT AGENDA -------------------------------------
OTION by Commissioner Norman to approve the following 13 consent agenda items.
VOTING: Ayes — 5; Nays — 0.
(All items were explained during the briefing session.)
1. Request from Chas. H. Sells, Inc., Representing John Grigorian & Lakeshore
Development for the Release of Zoning and Subdivision Jurisdiction (ETJ) to the Town of
Mooresville for 16.89 Acres (Location: 859 and 871 River Highway, west of Mooresville):
Deputy Planning Director Steve Warren said the 16 acres were connected to a tract that was
already within the Town's jurisdiction. He said the acreage was (1) zoned residential
agricultural, (2) the River Highway Corridor Plan designated the area for mixed-use
development, and (3) it was in the WSIV-CA Water Supply Watershed which allowed up to
50% impervious coverage. Warren said the developer proposed a commercial/retail
development, and the Town had approved water and sewer. Additionally, Warren said the
applicant had petitioned to be annexed by Mooresville (June 2007), and the staff recommended
approval of the release; especially since the commercial retail usage fit into the mixed-use
development as suggested in the River Highway Corridor Plan.
2. Request from Rick Howard of Langtree Properties for the Release of Zoning
Jurisdiction of Two Parcels (PIN#s 4645545643 & 4645540923) to the Town of Mooresville
(Owners are Jean H. Oliver & Bobby Lee Oliver Sr., and David A. Woodard & Shasta
Woodard) Contingent Upon the Acceptance by the Town of Mooresville at the Next
Meeting: (see briefing minutes for information regarding this request)
3. Request from the Iredell-Statesville School System for Approval of a Capital Outlay
Budget Amendment: Iredell-Statesville Schools Finance Officer Kay Fulp said a reallocation
of funds was necessary due to the need to purchase additional mobile units. A chart showing the
line item changes is as follows:
Iredell-Statesville Schools
FY July 1, 2006 - June 30, 2007
Capital Outlay as Appropriated by Iredell County Board of Commissioners
3
Prior Net Prior
Current
Original
Year Increases
Increases
Amended
Budget
Carryover (Decreases)
(Decreases)
Budget
Mobile Lease Purchase 921,000.00
69,278.52
(69,557.04)
920,721.48
Annual Renovations 1,115,290.00
9,692.34
(53,318.20)
1,071,664.14
3
Rooting
305,500.00
47,013.82
(50,000.00)
302,513.82
Boiler/HVAC
296,000.00
193,788.00
(40,000.00)
449,788.00
Mobile Set-up/Lease
120,000.00
101,379.38
(25,000.00)
196,379.38
Vehicles
858,000.00
43,922.30
(8,000.00)
893,922.30
Paving
247,500.00
133,348.90
(75,000.00)
305,848.90
Waste Water
279,000.00
37,806.36
(220,000.00)
96,806.36
Furniture/Equipment
981,560.00
5,359.68
540,875.24
1,527,794.92
Total
5,123,850.00
641,589.30
0.00 0.00
5,765,439.30
4. Request for Approval of Budget Amendment #14 for the Acceptance of a U.S.
Department of Justice Community Oriented Policing Services (COPS) Technology Grant
to be used for the Purchase of an Omnitrack Latent Print Station ($120,000 for equipment &
$28,000 for training): Mike Phillips, representing the sheriff's department, said this equipment
would aid in the Automated Fingerprint Identification System (AFIS).
5. Request from the Sheriff's Department for Permission to Apply for a Governor's
Crime Commission Gang Enforcement/Prevention Grant (up to $100,000): Mike Phillips,
representing the sheriff's department, requested permission to apply for this grant, and he said a
25% match could be derived from seized funds.
6. Request from the Sheriff for the Creation of a Crime Lab Supervisor Position (no
funding requested): Mike Phillips, representing the sheriff's department, said a lab supervisor
was needed to oversee the daily responsibilities of the lab and to provide hands-on involvement
in evidence analysis. He said lapsed salaries would be used to pay for the position, and any
additional costs would be taken from seized funds. (A memo from the sheriff indicated that the
current supervisor of the Criminal Investigation Division would be placed in the position and
would receive additional training. With approval of the new job title, a replacement will need to
be found for the supervisor of criminal investigation's position.
Phillips said the lab's fingerprint component would enable identification in "18 minutes
compared to the current time span of 18 months." He said the lab should be operational in 12
months and have four employees.
7. Request for Approval of Budget Amendment #15 for the Purpose of Using $36,000
in Seized Funds for Canine Replacements (I Narcotics K-9; 1 Bomb Detection K-9 & the
Re -Training of two K -9s with new handlers): Mike Phillips, with the sheriff's department,
said a new narcotics canine was needed to replace an aging animal. He said another canine had
been transferred to the patrol division from the bomb detection squad, and this animal needed to
be replaced. Phillips said the Iredell-Statesville Schools would reimburse the sheriff's
department $15,000 for the new bomb detection canine. In addition, Phillips said funding was
needed for the retraining of two existing canines with new handlers.
8. Request for the Awarding of a Renovation Bid Contract for the Planning, Zoning
and Inspection Center (Low Bidder was Granger Construction with a base bid of $574,496
and with Alternate A-1 (painting) of $29,300 for a total of $603,796): Appearing before the
commissioners to explain this request were Purchasing Agent Dean Lail and Architect Chuck
Goode. Lail said a bid opening was held September 21 but an insufficient number of multi -
prime bids were received. He said due to the lack of multi -prime bidders, the bids were returned
unopened. Lail said five single prime bids were received, and all of them met the bid package
requirements. He said the low bidder was Granger Construction, and the staff recommended that
the bid be awarded to this company. A bid listing is as follows:
Granger Construction Base Bid $574,496.00, Alt A-1 $29,300.00, Alt A-2 $ 37,000.00 120 days
Streamline LLC Base Bid $634,000.00, Alt A-1$30,000.00, Alt A-2 $140,000.00 150 days
Blue Ridge Enterprises Base Bid $658,000.00, Alt A -I $41,000.00, Alt A-2 $136,000.00 160 days
H.M. Kern Corp Base Bid $713,000.00, Alt A-1 $29,000.00, Alt A-2 $132,000.00 240 days
FABCO Construction Base Bid $877,400.00, Alt A -I $45,345.00, Alt A-2 $148,653.00 180 days
(Alt A -I =painting of building exterior; Alt A-2—complete stripping of exterior of building)
4
9. Request for Approval of an Amended Capital Project Ordinance for the Planning,
Zoning and Inspection Center (formerly the DSS facility): Assistant Finance Officer
Debra Alford requested approval of the following Capital Project Ordinance:
Iredell County, North Carolina
Amended 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:
Amendment
Transfer from Capital Reserve Fund 05-06 $365,000 - $365,000
Transfer from Capital Reserve Fund 06-07 $560,000 - $560,000
925.000 5925.000
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
General Construction
Construction Costs — Other
Furniture, Fixtures, & Equipment
Renovation/Construction
$ 30,000 - $ 30,000
- 603,800 -
191,200 191,200
- 100,000 100,000
895,000 (895,000) -
925.000 $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.
10. Request from the Mooresville -South Iredell Chamber of Commerce for Future
Contributions Earmarked for Economic Development (southern Iredell County) to be sent
to the Newly -Created Mooresville -South Iredell Economic Development Corporation
Effective January 1, 2007 (see briefing minutes for additional information)
11. Request from Appropriate Punishment Options to be Considered as the Leasee or
Occupant of the 227 Harrill Street, Statesville, NC Building Site when/if the Property
Becomes Unoccupied or Available: County Manager Mashburn said the Community Services
Work Program was currently housed at the 227 Harrill Street building, but future plans had the
agency, along with probation and parole, being located in the old EMS base on Tradd Street. He
said Appropriate Punishment Options wanted to be considered as the occupant for the site when
it became available. (No action taken by the board, other than agreeing to consider the request
when the building was available for occupancy.)
Chairman Tice asked what would be housed in the recreation building, once the
employees relocated to the old tax department.
Mashburn said the current plan was to relocate the genealogy/historic properties office in
the building. He said the Assistant County Manager would then occupy the current
genealogy/historic properties office.
12. Request for Adoption of a National Long -Term Care Residents' Rights Week
(October 1-7, 2006) Proclamation: The following proclamation was approved.
NATIONAL LONG-TERM CARE RESIDENTS' RIGHTS WEEK
2006
WHEREAS, there are nearly 1.7 million individuals living in 17,000 nursing homes; and I million individuals
living in 45,000 board and care/assisted living facilities in the U.S.; and
WHEREAS, the federal Nursing Home Reform Act of 1987 guarantees residents their individual rights in order to
promote and maintain their dignity and autonomy; and
5
WHEREAS, all residents should be aware of their rights so they may be empowered to live with dignity and self-
determination; and
WHEREAS, we wish to honor and celebrate these citizens, to recognize their rich individuality, and to reaffirm
their rights as community members and citizens, including the right to have a say in their care; and
WHEREAS, individuals and groups across the country will be celebrating Residents' Rights Week with the theme
"CARE Mutters: Choice - Accountability - Rights - Empowerment" to emphasize the importance of affirming
these rights through facility practices, public policy, and resident -centered decision making that impacts quality of
care and quality of life.
NOW, THEREFORE, the Iredell County Board of Commissioners hereby proclaims October 1-7, 2006 as National
Long -Term Care Residents' Right Week in Iredell County and encourages all citizens to join in this important
observance.
13. Request for Approval of the September 19, 2006 Minutes
--------------------------------------END OF CONSENT AGENDA ------------------------------------------
Request from Chas. H. Sells, Inc., Representing Victor A. Johnson Jr., and Brian R.
Harwell for the Release of Zoning and Subdivision Jurisdiction (ETJ) to the Town of
Mooresville for 106.8259 Acres (PIN#4676208578) (Location: Highway 3 east of
Mooresville): Deputy Planning Director Steve Warren said this request was reviewed by the staff
and the necessary documentation had been obtained from the Town of Mooresville. He said the
property had a county -zoning classification of residential agricultural, and the applicant proposed a
single family residential subdivision. Warren said the site consisted of several parcels and was
located at the intersection of Coddle Creek Road and Rocky River Road. He said information from
Mooresville indicated that utilities had been approved and annexation would be considered in June
of 2007. Mr. Warren said the staff recommended approval of the release.
Commissioner Williams asked how many houses could be built upon the 106 acres.
Warren said under the county's jurisdiction there would be fewer homes. He said
speculatively, that a single-family residential classification in Mooresville, with a minimum lot size
of 20,000 sq. ft., might yield as many of 200 home sites.
Williams asked Mooresville's maximum.
Warren said Mooresville had lot size requirements ranging from 20,000 to 8,000 sq. ft.
He said that no matter what type of size requirement, that a portion would have to be designated for
infrastructure and other public amenities.
Commissioner Johnson said that whatever happened between the developer and the Town
of Mooresville, that it would occur irrespective of any action by the Iredell commissioners.
Chairman Tice agreed.
Commissioner Williams said he understood the property would be annexed, but the
Mooresville School officials had recently advised of the system's fast growth rate. He said, in fact,
this system was growing faster than Iredell-Statesville, and any action to slow the growth, by six
months or a year, would help. He said the proposed development could produce 200 or more new
students, and Mooresville was having difficulty accommodating its present enrollment. Williams
said he desired to allow Mooresville time to catch up.
MOTION by Chairman Tice to grant the release of zoning/subdivision jurisdiction to
the Town of Mooresville due to fact that the applicant had petitioned the Town for annexation and
utilities.
Commissioner Johnson said delaying the project six months would not accomplish that
much. He said the Iredell commissioners did not have any direct control over the Town of
Mooresville' annexations.
VOTING: Ayes - 4; Nays — 1 (Williams)
6
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
• Juvenile Crime Prevention Council (1 announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Adult Care Home Community Advisory Committee (5 appointments): Commissioner
Johnson nominated Margaret Marks and Allen Park Jr.
OTION by Chairman Tice to appoint Marks and Park by acclamation and to postpone
the remaining three appointments until the next meeting.
VOTING: Ayes — 5; Nays — 0.
Region F Aging Advisory Committee 1 appointment): No nominations were
submitted, and Commissioner Norman made a motion to postpone the appointment until the next
meeting.
VOTING: Ayes — 5; Nays — 0.
Board of Adjustment (1 appointment): Commissioner Williams nominated
Linda Brater.
MOTION by Chairman Tice to close the nominations and appoint Brater by acclamation.
VOTING: Ayes — 5; Nays — 0.
Nursing Home Advisory Committee (2 appointments): Commissioner Norman
nominated Kathy Smith.
MOTION by Chairman Tice to close the nominations, appoint Smith by acclamation, and
to postpone the remaining appointment until the next meeting.
VOTING: Ayes — 5; Nays — 0.
Animal Grievance Committee (1 appointment): Commissioner Williams nominated
Billy Harris.
No other nominations were submitted, and Chairman Tice made a motion to appoint
Harris by acclamation.
VOTING: Ayes — 5; Nays — 0.
UNFINISHED BUSINESS
Remarks from Commissioner Johnson about Light Rail: Mr. Johnson said several
years ago he voiced opposition about funding light rail projects. He said at that time, he felt light
rail was a ,I9`h Century solution to a 20 Century problem." Johnson said he, along with the
other board members, were then criticized about the reluctance to fund light rail. He continued his
remarks as follows:
"Now, we once again get a peek at the finances of the Charlotte Area Transportation
folks, and we find out just what the National Academy of Civil Engineers told us four years ago. It
is not uncommon for commuter rail projects to go way over budget -- indeed not uncommon for
them to be two times the original estimated cost. Well, the original estimated cost for the south
corridor of CATS was $18 million per mile, and now it is at $39 million, and they are out of
money again. I was told at that time, and criticized in the media, that we should look beyond cost.
Well, let's say we bought into the north corridor. I've been doing a little arithmetic. Let's say
these folks were a whole lot closer to being over budget by two times, and they were only 50%
over budget. We know, and Mr. Robertson will testify to this fact, that Mr. Tober has been an
honest man -- he says now the most we can expect from the federal government is $75 million.
The state is offering nothing. So let's say -- again for the sake of an argument -- they are only 50%
7
over budget, that brings a total price tag of $280 million. It's probably more like $400 million, but
we'll say $280 million, and the federal government will throw in $75 million. If you could get 30 -
year financing on it, that would mean you would increase the property tax rate on the citizens of
Iredell County -- 143,000 of them -- by 62% to pay the debt service and operational cost in the first
year of operation so that 125 people a day -- their numbers, not ours -- from Iredell County could
ride the train to Charlotte. Now, the professor from NC State did a study, and initially, he said that
if you took the original estimated ridership (to Charlotte) that you could lease them a new
Chevrolet Suburban, or a Jaguar XJ6. Well, he was wrong. I did more figuring on this. You
could lease them a new Chevrolet Suburban and a Jaguar XJ6, and a new Chevrolet Corvette.
Personally, I'll take the Corvette. Every third day though, if I got tired of my Corvette, I could
either drive my Suburban or my XJ6. I won't demonstrate such a level of magnanimity that I will
say, `I told you so,' but in the words of Toby Keith, `How do you like me now'? Thank you."
Commissioner Robertson said, "We were called shortsighted." He said the entities that
had signed on with the light rail project couldn't back out now, and as the federal and state
governments backed out, the people involved in the project would have to pay. Mr. Robertson said
the board had been wise with the taxpayers' dollars in dealing with the CATS project.
COUNTY MANAGER'S REPORT: Mr. Mashburn said Pam Campbell, the Red Cross
Director, had submitted her resignation, and a farewell celebration would be held October 10.
Mashburn requested permission to obtain a plaque honoring Campbell for her services.
MOTION by Chairman Tice to allow the county manager to obtain an appreciation plaque
for Campbell as requested.
VOTING: Ayes — 5; Nays — 0.
ADJOURNMENT: Chairman Tice at 7:35 p.m., made a knotion to adjourn the meeting.
(NEXT MEETING: Tuesday, October 17, 2006, at 5 & 7 PM in the Iredell County Government
Center, 200 South Center Street, Statesville, NC.
VOTING: Ayes — 5; Nays — 0.
Approval:
8
Clerk to the Board