HomeMy WebLinkAboutApril 3 2007 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
APRIL 3, 2007
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
April 3, 2007, at 7:00 P.M., in the Iredell County Government Center (Commissioners' Meeting
Room), 200 South Center Street, Statesville, NC.
Board Members Present
Chairman Marvin Norman
Vice Chairman Sara Haire Tice
Steve Johnson
Ken Robertson
Godfrey Williams
Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy
County Manager Susan Blumenstein, Acting Planning Director Steve Warren, and Clerk to the
Board Jean Moore.
CALL TO ORDER by Chairman Norman
INVOCATION by Commissioner Williams
PLEDGE OF ALLEGIANCE: Boy Scout Hayden Roll with Troop 609, affiliated with
the First ARP Church in Statesville, along with Scouts Logan Vance, John Lowry, Will Vance,
Ben Barker, Kyle Ketsdever, and Patrick Hunter, all with Troop 348, and affiliated with Wesley
Memorial Church, led the Pledge of Allegiance.
ADJUSTMENTS OF THE AGENDA: MOTION by Commissioner Williams to
approve the following agenda adjustment:
Addition: Closed Session pursuant to G.S. 143.318-11(a) (6) Personnel
VOTING: Ayes — 5; Nays — 0.
APPOINTMENTS BEFORE THE BOARD
Request from the Stop Child Abuse Now (SCAN) Organization for the Adoption of
a Proclamation Declaring April as "Child Abuse Prevention Month": MOTIO by
Commissioner Tice to approve the following proclamation.
VOTING: Ayes - 5; Nays — 0.
CHILD ABUSE PREVENTION MONTH
APRIL 2007
WHEREAS, child abuse is a community problem and finding solutions depends upon
involvement among people throughout the community; and
WHEREAS, approximately three million children are reported as abused and neglected in this
country each year; and
WHEREAS, 111,150 North Carolina children were reported as abused and neglected last year;
and
WHEREAS, 1,689 reports of child abuse and neglect were received in Iredell County during the
past year; and
WHEREAS, 37 children are known to have been victims of child abuse homicide in North
Carolina during the year 2005; and
WHEREAS, the effects of child abuse are felt by whole communities and need to be addressed by
the entire community; and
WHEREAS, effective child abuse prevention programs succeed because of partnerships created
among social agencies, schools, religious and civic organizations, law enforcement agencies, and the
business community; and
WHEREAS, all citizens should become more aware of the negative effects of child abuse and its
prevention within the community.
NOW, THEREFORE, the Iredell County Board of Commissioners hereby proclaims April 2007
as "CHILD ABUSE PREVENTION MONTH" and calls upon all citizens, community agencies, religious
organizations, medical facilities, and businesses to increase their participation in an effort to prevent child
abuse and thereby strengthen our community.
(SCAN Executive Director Amy Eisele accepted the proclamation.)
Request from the Partnership for Young Children Organization for the Adoption of
a Proclamation Declaring April 22-28, 2007 as "The Week of the Young Child":
OTTO by Commissioner Tice to approve the following proclamation.
VOTING: Ayes — 5; Nays — 0
Proclamation
Declaring
April 22-28, 2007
as
The Week of the Young Child in Iredell County
Whereas, the Iredell County Partnership for Young Children, in conjunction with the National
Association for the Education of Young Children, is celebrating the Week of the Young child, April 22-28,
2007; and
Whereas, this organization's mission is to improve early learning opportunities, which are crucial
to the growth and development of young children, and to building better futures for everyone in Iredell
County; and
Whereas, all young children and their families across the country and in Iredell County deserve
access to high-quality early education and care; and
Whereas, in recognizing and supporting the people, programs and policies that are committed to
high quality early childhood education as the right choice for kids;
We, the Commissioners of Iredell County, do hereby proclaim April 22-28, 2007, as The Week of
the Young Child in Iredell County and encourage all citizens to work to make a good investment in early
childhood in our community.
(Accepting the resolution were Partnership for Young Children Executive Director
Marta Koesling, along with Jennifer Griffith, and Christine Wilson.)
Mr. Mark Lancaster, Vice Chairman of the Lake Norman Marine Commission
(LNMC) Provides an Update on the Marine Commission's Activities and Initiatives:
Lancaster, the Vice Chairman of the LNMC, said the Hydrilla Eradication Program began about
five years ago, and it had been successful. He said about $1,000 a year was spent on Lake
Norman compared to the million dollars annually spent on Lake Gaston. He mentioned that a
bow -hunting project had been initiated on Lake Norman to determine the age and lifespan of carp.
In regards to shoal markers, Lancaster said the county had appropriated $15,000 in the
past, and the marine commission would request an additional $4,000. He mentioned that
Lincoln and Catawba Counties had still not appropriated their share for the markers, but the lake
was much safer.
He said a ratting ordinance would soon be reviewed.
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Mr. Dennis Clary, with the Marine Corp League, Provides an Update on the
Independence Day Parade: Clary said the annual Independence Day Parade would be held on
Saturday, June 30, 2007, 11 a.m., in Troutman N.C., and Korean War veterans would be honored.
Clary requested $7,500 to assist with the parade, the same amount as last year. He said the full
amount had never been used, rather invoices were submitted as expenditures occurred. Mr. Clary
said some of the funding might be used to entice high school bands to participate. (Deputy
Finance Director Blumenstein said that only $2,000 was paid out for the 2006 parade last year.)
OTIO by Commissioner Johnson set aside $7,500 in the FY 07-08 budget for the
Independence Day Parade.
VOTING: Ayes — 5; Nays — 0.
PUBLIC HEARINGS
Chairman Norman declared the meeting to be in a public hearing.
Rezoning Request; Case No. 0703-2 — Floyd E. Greene requests an Amendment to the
Iredell County Land Use Plan & to Rezone Properties from Residential Agricultural to
Highway Business Zoning District: Acting Planning Director Steve Warren presented the
following staff report for this case.
OWNER: Floyd E. Greene
732 Greene Hill Road
Mocksville, NC 27028
336 492 2833
CASE NO. 0703-2
AGENT: Mark Terry, Surveyor
10837 North Main Street
Archdale, NC 27263
336 431 2114
LOCATION: The property is located at the intersection of Mocksville Highway and 1-40, being in
the northeast quadrant of the interchange for 1-40 and Mocksville Highway in Statesville, NC; more
specifically identified as PIN#s 4797-47-2172, 4797-46-1602, & 4797-46-0259.
DIRECTIONS: Take Mocksville Highway east from Statesville; property is on right as you pass
under Interstate 40.
REQUESTED ACTION: Rezone subject parcels from RA, Residential Agricultural to HB, Highway
Business and amend the Iredell County Land Use Plan.
PROPOSED USE: Any and all HB uses; proposed track stop in Davie County portion.
SIZE: 14.96 acres.
EXISTING LAND USE: Vacant.
SURROUNDING LAND USE: Vacant land to east, Interstate 40 right-of-way forms southern line,
commercial land to west and north lying directly across Mocksville Highway.
WATERSHED REGULATIONS: The subject parcel is located within the South Yadkin-Cooleemee
Protected Area watershed.
TRAFFIC: This section of Mocksville Highway had an average of 2,500 vehicles per day in 2005.
According to the 1993 Iredell County Thoroughfare Plan, this section of Mocksville Highway has a
carrying capacity of 12, 000 vehicles per day.
ZONING HISTORY. The subject parcel was zoned RA when countywide zoning took effect in 1990.
All similar parcels at this interchange have been zoned for commercial use, with the last rezoning
approved in August of 1991 for General Business zoning.
STAFF COMMENTS: The applicant has chosen the HB District classification, which allows for a
range of commercial uses and is similar to other nearby commercial properties. Although the Iredell
County Land Use Plan identifies this area as suitable for.future residential development, staff feels
that this request is reasonable and recommends in favor of this request since it is unlikely that
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residential development will occur on parcels situated at an intersection of two major highways.
Several properties located directly across 1-40 and Mocksville Highway are commercially zoned for
either Highway Business or General Business.
PLANNING BOARD ACTION: On March 7, 2007 the Planning Board voted 11-0 to recommend
approval jor both the Land Use Plan amendment and the rezoning request.
Mark Terrv, land surveyor, said his client was proposing to develop a retail facility. He said
the property in Davie County was zoned AG (agricultural), and the land in the immediate area was
zoned highway business.
No one else desired to speak, and Chairman Norman adjourned the hearing.
OTION by Commissioner Johnson to amend the Iredell County Land Use Plan.
VOTING: Ayes — 5; Nays — 0.
MOTION by Commissioner Williams to approve the proposed zoning map amendment and
to make a finding that approval was consistent with the adopted Iredell County Land Use Plan and
that said approval was 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.
VOTING: Ayes — 5; Nays - 0.
Chairman Norman declared the meeting to be in a public hearing.
Request from the Foothills Land & Development Company for the Release of Zoning
& Subdivision Jurisdiction of 18.443 acres to the Town of Mooresville (Location: Corner of
Perth Road and Lakeshore School Road in Mooresville, NC): Acting Planning Director Steve
Warren said this was the first case to be presented since the adoption of new procedures for
release of jurisdiction requests. He then presented the staff report as follows:
OWNER: Lee Poke
Foothills Land & Development
52 River Point Court
Hickory, NC 28601
LOCATION. at the corner of Perth Road and Lakeshore School Road, in Mooresville, NC, more
specifically described as PIN# 4638-72-8318.
DIRECTIONS: highway 150 west, right onto Perth Road, right onto Lakeshore School Road, on right.
REOUESTED ACTION AND CONDITIONS: Release Zoning and Subdivision Jurisdiction to the Town of
Mooresville.
PROPOSED USE: The proposed use for the properties is single family residential development. (They
are proposing to have 39 lots on this property).
SIZE: The proposed area to be rezoned is 18.443 acres.
EXISTING ZONING: The property, is currently, zoned RA (Residential Agricultural).
EXISTING LAND USE: Vacant, exceptfor Lakeshore Elementary and Middle School signs.
SURROUNDING LAND USE: Residential and institutional (Lakeshore Elementary and Middle Schools).
There is also a parcel of land adjoining this property that is zoned RO (Residential Office), which was
rezoned in July 2006.
WATERSHED REGULATIONS: This property is located in the WSIV-CA Watershed.
TRAFFIC: The traffic count for Perth Road is 6,900 average daily trips.
ZONING HISTORY: This property has been zoned R-20 since county -wide zoning in 1990.
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STAFF COMMENTS: This request does not meet the criteria for a release of zoning and subdivision
jurisdiction. The proposed use of the property for residential development does not necessarily require
water and sewer. On January 2, 2007, the Town of Mooresville agreed to the extension of water and sewer
to these parcels and will consider the property for annexation in June of'2007. Although the proposed use
for this property complies with residential future land use as shown in the Iredell County Land Use Plan;
the Plan was adopted prior to the traffic and safety issues discussed with the South Iredell Growth Study.
The County would allow approximately 29 lots on this property. The developer plans to have 39 lots,
which is a 34% increase. The capacity for- that section of Perth Road is 8, 000 vehicles per day. The current
traffic count is 6,900 vehicles per day; therefore, the road is very near capacity already. Based on this
nformation, the staff recommends against this request.
xxx**
Scott Bell, an engineer, for the company said sewer had already been extended to the
proposed 40 -house development, and a petition had been submitted to Mooresville for
annexation.
No one else desired to speak, and Chairman Norman adjourned the public hearing.
MOTION by Commissioner Johnson to follow the staff's recommendation and to deny
the release of jurisdiction request from the Foothills Land and Development Company.
VOTING: Ayes — 5; Nays — 0.
Chairman Norman declared the meeting to be in a public hearing.
Request for the Consideration of a Minimum Housing Ordinance for Iredell County:
Inspections and Code Enforcement Director Lynn Niblock presented a minimum housing
ordinance with a requested implementation date of September 1, 2007. (The ordinance in its
entirety is as follows.)
Iredell CountyNfrfmumHomrig t7Yximgce
OIIASIAN4. Iredell CouniyNirvmumHousingGlyd nee
Sec. 4-130
A Title
This artiste shall be k wan and rraybe cited as the Iredell Catnty NlrurrtanHarsing Qdi-ki ice.
a Aud)arityandpurpose.
(a) It is the purpose of this amide to prorrute an accoti Lability and responsibility associated with housing quality riot
only to owner occupied hattsing, bunt also to owners oxuptivnts and tenants of rental housirg. F-uethemiore it is the
intent of this artiste to ensure owners, ocratpants and ta-a is that rrirunun standards of fitness eyist for all housing
types and upon habitation of st rch property owners, occupants aril tenants share responsibility for rrrtirrtairing these
standards pizaant to this artiste.
(b) Axsuant to GS 16a4-441, it is hereby declared that there exist in the ca ny obtellings which are unffi fa'
htrren habitation due to dilapidation; defects increasing the hazards of fire, accidents and other calamities, lad( of
ventilation light and sanitary facilitiesand other comdltions rendering stch dwellings tnsate or unsanitary,
dar� and detrimental to the health, safety aril meals, and othemar'se inimcal to the welfare of the residents of
the cetnty
(c) In ader-to protect the health, safety and welfare at the residents of the ca.tnty as authorized by G.S Ch. 160A,
At. 19, Part 6, it is the ptnwse of this artiste to establish rridnu n standards of fitness fa- the initial and continued
oxatpancyof all bu ldings used forhww habitation, as expessnyatthonzed by GS 1604-444.
G L7efinitions.
The following definitions shall appnyin the interpretation and enfocen ent of this artide.
Basement shall mean the portion of a building wh ch is partly or ompletely below grade.
&uernent, story above grade shall mean a basement of which the finished floor above the baserrent is:
(1) Nbre than six (6) feet above cgade.
(2) Nhre than six (6) feet above the finished ground level for more than fifty (50) perml of the total bolding
perinneter, or
(3) Abse than twelve (12) feet above the firmisbed ground level at arty polrt.
Deteriorated shall ureal a dwelling is unfit for hurrert habitation and can be repaired, altered, or inproved to corrply
with all of the rnrwnun starxi<vds established by this artiste at a out not in excess of fifty (50) percent of its value, as
determined by finding of the inspector
Dilapidated shall treat a dwelling is unfit for hu rmn habitation and cannot be rewired, altered or improved to
comply with all of the ninumum standards established by this amide at a cost not in excess of fifty (50) percent of its
value, as determined by finding of the inspector
Dwelling shall mean any building, skudure, a u.ifact red hone or rr obgle home, or pat thereof, used and ocotpled
for hump-) habitation orinterxled to be so used, and includes any outhouses and appurtenances belagng thereto or
usually enjoyed therewith, except that it does not include any dwelling which is used solely for a seasonal vacation
purpose. The term shall Include within its nwa g the terms "roaring house" and 'iuornng unit, " as defined in this
section.
Exterranathon shall rrean the oartroi and elirrination of insects rodents or other pests by removing or rreldng
inaccessible materials that rrey serve as their food, by poisoning, spraying, fumigating, or tra ng, or by any other
recognized and legal pest elmnation methods approved by the inspector:
Garbage shall new the organic wade resiting frau the hahrling preparation, cookng and oarsuonpticn of
Gender shall nean warts having a rresadine gender shall include the feminine and neuter
Gazed opening sfrall mean a w ridowincicolng the glassed portions of coos.
Habitable roan shall mean a roan or enclosed floor space used or intended to be used for living; deeprp, cooking
or eating purposes, exdudrig bathroars, water closet crourpaut runts, laundles heater roars, foyers, or
counn mcatirg corridors, closets and storage spaces.
Irtedation shall mean the presence within or around a dwelling, of any insects, rodents or other ped in such
nu. rnbers as to constdufe a menace to the health, safety or welfare of the ocuupkarts or the public.
Inspector &W near the 1IRldiing Impactor of the Ca rrrtyof lredell or ary authorized agent of the inspector
Nkrdactused horre shall mean a structure, transportable in are (1) or rrae sections, which in traveling rrio e is
eight (8) body feet or nore in width, or faty (40) body feet or rrure in length, or, when erected on a site, is three
hundred twerty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a
dwelling, with or withal pernwent forxxtation when connected to the required utilities, including the Piu rrbing,
heating air car dtianing and electrical systems curtained therein. Ugnufadured mare" includes any stn duure that
meets all of the requirerrents of this subsection except the size requ irererts and with rasped to Mich the
rrarnfadurrer vdurrtaily files a certification required by the Secretary of the Lhted States Department of fixong
and Uban D9valWTient and oarroies with the standards established under the National ILwarnfadurred Housing
Construction and Safety Act of 1974, 42 USC 5401, et seq. Far rrenufadurred hones built prior to Jerre 1 � 1976,
'irenufadurred horre" means a portable nenufadurred housing unit designed for transportation on its own dnassis
and Piaterrent on a terrponary or sem pemenent farrrdation having a measurerrent of thirty-two (32) feet in /aVh
and over eight (8) feet in width. '1lrtarufadurred hare" also means a wale -wide manufactured have Mich is two
(2) arae portable rriunufadurred housing using units designed for transportation or their own chassis that conned on site
for puacelned on a temporary or semi peri vent fourrrdation having a measwerrent of over thirty-two (32) feet in
length and over eight (8) fed in width.
AARJ#e dwelling shall rrean any dwelling containing am than two (2) dwel ing units.
Oxuupant shall mean any person, living, sleeping, coddrrg or eating in, or having actual possession of a dwelling
Cperator shall mean any person who has charge, care or control of a building, or a part thereof in whidi dwelling
units orrocrn'ng units are let.
Ownerslrall maw any person who alone, jointly, orseverally with others
(1) Shall have title to anydoidling with orwithal accompanying adud possession thereof, or
(2) Shall be a mortgagee of record for any dwelling, or
(3) Shail have charge care or co lyd of arry dAdling, as owner or agent of the actual owner; or as exec uta;
executrix, adranistrator adrr►nidratnx, trustee or guardian of the estate of the actual owner: Any such person thus
representing the actual owner shall be bound to currpry with the provisions of this article, and of odes and regulations
aoWed pursuant thereto, to the same extert as if he were the owner:
Party or parties in interest shall mean all persons who have interest of recon/ in a dadling and any persons who are
in possession thereof.
Person shall mean any ind wdu at mpo ation, firm partnership association organization or other legal entity.
Ruhnhing shrall mean all of the fallowing stp#ied fadltties and equipmentgas pipes, gas burning equipment, voter
Pipes, rred k"G t gar5age disposal MIS (mechanical sink g 7ndem), sewage disposal pipes, water closets, sinks;
installed cishnvadners, lavatories, bafftuubs, shower baths, installed clothes washing rrechirres, catch basins, gains,
teats and any other sirrilarstp #ied fixturres, together with all connections to water sew orgas fines.
Public authority &boil nean the Iraddl Carly &ilding Inspections Department or any officer who is in charge of any
departmart or branch of the goverment of Iredell Carty or the State of hkoth Carolina relating to health, fire,
budlcirrg reg -dations or other activities concerning dwellings in the dourly
Roaring house shall mean any dwelling, or that part of any dwelling coria rung one (1) or mare roaring units, in
Midn space is let by the owner or operator to three (3) or more persons who are riot huusbaxl or wife, son or
daughter, rrolheror fatter, or sister or brother of the owneroroperator
Foo rig unit shall mean any roan or gap of roars forcing a &rKje habitable unit used or intended to be used for
living and deePirrg bid riot for cockrig oreating purposes.
f3ubbish shall mean non-organic waste materials The term shall include paps ragss, ratans, boxes wood,
excelsior nubber, leather, tree brandnes, yard tnrrmngs tin cans metals raneral matter, glass, and dud.
Seasonal dwelling shall mean a dwelling unit used or intended for use only in certain seasons or for weekend or
other occasional use throughout the year Seasonal dwellings include those used for srrnrrer- or wirier spats or
recreation such as lake cottages and hunting orfishing cabins.
Supplied shall mean paid for, funshed, orprovided by, or under the control of, the owneror operator
Temporary housing shall mean any teat, trailer or other structure used for hurrran shelter which is designed to be
transportable ail which is not attached to the ground to another structure, or to cry utilities system on the same
premises for mare than thirty (30) consecutive days.
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L fol for ht ren habitation shall mean when conditions ewst in a dwelling which violate or do not cony with one (1)
or am of the rrinimumstardads of fitness orale (1) or more of the requirements established by this article.
D. Interpretation of words andphrases.
For the purposes of this art/de, interpretation of words andphrases shall be as fdlows.
(1) Kbrds used in the present tense include the future tenrse.
(2) Kbr ds used in the singular number include the plural and wads used in the pfual number include the singular
(3) Thewad'1ol"includesthe wad'plot"or'paicel "or'Yrad."
(4) The wads"shall" and 'must" are alwaysrnandatayand riot merely ddrectay.
(5) The wad"rmy'isdrectory and not mandatory
(6) The wad 'bcapied" as applied to any /aril or buildng shall be construed to indrde the wads Intended,
anax/ed,, ordesigred to be used or 00%ped."
0 The wads 'dwelling, dwelling unit, rooring house, or toning unit premses" shall be constmred as though they
were fdlovved by the wads or any pert thereof "
(8) The mean the 'Board of Corms Goers of the Canty of Ireddt North Cardin. "
(9) The wad 'bainnce" (arVde'7 shall mean the Ntrinw m Haong Ordnance of Iredell Caily, North Cardin.
(10) All wads not specifically defined in this artide &Wl be assiged their custarary cidiorrary defiritions.
A Minimum standards—Fitness for dwellings.
The following shall be the rriniman acceptable standards for evaluating the fitness of dv edldrgs for hur am
habitation.
(1) Everydtielling used as a hunan habitation, or held out for use as a hurren habitation shall om#y with all of the
rriniman standards of fitness for hunan habitation and all of the requirements of sections B through G of this
section.
(2) Ab person shall occupy as ovrw-ocarpant, or let to another for occupancy or use as a hunan habitation, any
dwelling which does not comedy with all of the ranimxn standards of fitness fon hurar habitation and all of the
requirements of &&sedtons B through F. of this section.
(3) Interpretations of the housing insnedor nrxemirg sub-sectlons B throw F of this section shall be based
upon mninnran motions necessary to ensure the safety of the ocarptarts.
a Nirumumstandards—Stnrcturdl coneftion.
The following standards shall constitute the n7rimxn standards for strudmd condtion of a dwelling:
(1) tMalls or partitions or apporting members, silly joists, rafters or other structural merrhers shall not list, lean or
budde, and shall not be rotted, deteriorated, or damaged so as to create a hazardous or unsafe cordtion, and shall
not have holes or cracks which my# ad-nt raderrts.
(2) Floors or roofs shall have adequate supporting rrerrbers and strength to be reaso iably safe for the purpose
used.
(3) For axdatiorrs, foundation walls, piers or other for ricdion supports shall riot be deteriorated or damaged so as to
create a hazardous or unsafe cor>dhon.
(4) Steps, stairs, larrdixfs parties or other parts a appurtenances shall be rreirtalned in such earKli'tian that they
db riot lean or budde, and shall riot be rotted, deteriorated, or damaged so as to mate a hazardous or uuafe
candtion.
(5) Facilities for egress in case of fire or panic shall be provided.
(6) Interior wells, fioors, and ceilings of all roar, closets and hallways, exdudng basements shall be finished of
suitable materials, which wilt by use of reasonable household methods promote sanitation and deardiness, and shall
be maintained in such a manner so as to arn-le the comparts to maintain reasonable privacy between various
spaces.
0 The roof, flashing exterior v d1s; basement wells, flow and all docs and windows exposed to the weather
shall be constructed and maintained so as to be weather tight.
(8) There shall be no diirmeys in use or parts thereof which are defectdve, deteriorated or in such oordtion or
location as to constitute a fire hazard Ab drimneyshall be in danger of falling.
(9) There shall be no use of the gravid for flocs.
C Minimum standards—Basic plumbing heating and efecincal equipment and facilities.
The following standards shall constitute the mirdmum acceptable standards for basic plurding, heating and
electrical equdpment and facilities.
(1) PurTbrig system Every duelling shall have facilities far providing plurding in accordance with the fallowing:
a. Each dwelling uit which is or has been connected to a potable water supply and to a public sewer or other
approved sewage disposal system must rerrein connected and maintained in vwrldng order:
b. All plurbing fixtures shall be rreintat ed Ina state of good repair and in good waling order:
(2) Heating system Every dwelling shall trove a safe and adequate method forprowdrig heat.
(3) 6ecincal system Every ovwAng shall have facilities forprowdrg electn'aty in accordance with the fdlowirg:
a. Every dvvel ing shall be wired for electric lights and receptacle outlets Every habitable room shall contain at least
one (1) floor or vtall-type electric receptacle, connected in such manner as cretemined by the state electrical code.
There shall be installed in every bathroom welter doset roam lauxty room and furnace roan at least ore (1)
srrpolied ceiling or vvdl-type electric light fixture.
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In the event wall or ceiling light fixtures are not provided in any habitable roam then each such habitable roan shall
contain at least two (2) floor or well -type receptacle outlets.
b. Everypublic Ball and stairmV in every mltiple dwelling shall be provided electric lights.
c. All fixtures receptacles equipment and wiring shall be mairtaned in a state of good repair, safe, capable of
being used.
D. Mnimumstar —U;e and location.
The following shall be the rrinimnn acceptable standard for use and location of a habitable room within a
dwelling unt.
(1) Generally The roams within a dwelling unit Mich Imply with the m rarntm standards as described in this
dvpsion shall be deemed habitable.
(2) Basements Ab basement or basement story above grade shall be used for living purposes unless the floor and
walls are substantially vwtertight.
E Minimums —Safe and sanitary mairrtenance.
The following shall be the mirimrrnstand�ards for safe and sanitary rranterxvhce of habitable dwellings
(1) Sdenor foundation, vvdls and roofs. Every fasxlation wall, exterior vvdl and exterior- roof shdt be substantially
weather -tight and rodent prod,, shall be kept in sound condition, and shall be safe to use and capable of stppoting
the load which named use vwud cause to be placed thereon.
(2) Interior floor, v dls and ceilings Every floc pnterie vvdl arid ceiling shall be substantially rodentprod shall be
kept in sound condtion, and shall be safe to use and capable of supporting the loads which namai use mid cause
to be placed thereon.
(3) Kindow and docs. Every wndow; exterior door; baserert or odlar doff and hatdmay shall be substantially
weather -tight and siert-proof and shall be kept in sound vwrtdng anndition.
F. Nirurrumstar;d Ciontrd of insects, mderrtsand iMbstatiars.
The following shall be the m rymum acceptable standards for the control of insects, rodents, and
infestations.
(1) Infestation. Every oca parrt of a dwelling unit shall be responsible for the extermination of any insects, rodents
or other pests therein or an the premises Viferevw infestation is caused by failure of the ovuer to maintain a
dwelling in a substantially rodent proof or reasonably insect -proof c or dtion, extffn intron shall be the responsibility
of the owner:
(2) Garbage storage etc Gatage, rubbish and materials to be recycled shrall be stored in a n><nw that will resist
harborage to rodents and vectors and will not aeate a fire hazard
G Niro umstar� —Rooming houses except orm
(a) The following shall be the rrirwn mhacceptable standards for safe roaming horses; exceptions.
(b) All of the provisions of this article, and at/ of the minimum standards and requirements of this article, shall be
applicable to roaring houses, and to every person who operates a roaring house, or vvho oc a pees or lets to
another for om pancyanyroaring unlit in any roorring house except as provided in the following paragraphs
(1) Water closet, hand lavatory and bath facilities. At least one (1) water closet, lavatory basin and bathtub or
shower p°openyconnected to an approved water and sevver system and in good v, r ng condition, shall be sp#ied
for each for (4) roaring shits within a rooming horse wherever these facilities are shared All such facilities shall be
located within the residence buldng served and shall be directly accessible from a co mrno n hall or passageway aril
shdt be not more than one (1) stay removed from any of the persons sharing such facilities Every lavatory basin
and bathtub or shower shdl be supplied with hot and cold water at all times. Such required facilities shall not be
located in a cellar. Every Kder closet, flush unnal, lavatory basin and bathtub or shower required by this section shall
be located within the rooming house and within a room or romans which afford privacy, are separate from the
habitable roams, are accessible from a camrmpn hall, and are accessible without going ouspde the rooming house or
through any other room therer'n.
(2) Sanitary cordtio ns. The operate of every rooming house shall be responsible for the sanitary maintenance of
all walls, flocs, and ceilings, and for the sanitary r r ntenarre of every other pat of the roaming hawse. I -k shall be
father responsible for the sanitary maintenance of the entire premises where the entire star Lure or builch g within
Mich the roaring house is contdred is leased orco upied by the operator.
H RosponsibiGties of owners and occupants.
(a) Cleanliness Every occupant tenant or lessee of a dwelling or d 4d ing unit shall keep dean and in a sanitary
condtion that part of the droning dwdlirg unit and premises thereat which he oxuppes and controls . The omrpant,
tenant, or lessee shall be responsible for the dsposal of all garbage and rubbish acourrdated on a regular basis to a
common collection site or facility which is permitted to receive the waste.
(b) Public areas Were a common collection site for the collection and dspxzsal of solid waste is prowded on the
premises by the owner; it shall be the respor>sib lity of the owner to remove or cause to be removed all solid waves
from the collection site on a regular basis.
(c) Care of facilities equpment and storagelab eco4oar t tenant or lessee shall willfully destroy, deface, or impair
any of the facilities or equpmerrt or any part of the structure of a ovwAng ordAdfing tilt.
(co Respo>,sdbil/ties of Iandods and tenants. 7be respective responsibilities of lar dozls and tenants under rental
agreements for tenants are further enumerated in G S Chapter 42, Article 5.
Sec 4-132ADWMS7R4710IV
A Poops and duties ofbuildng inspector
The entorcerrent and adrrinistration of this adide shall be by a housing imspeda; assigned by the county
rrenager to any county persormq he oberrs Ag7opnate to achmster and enforce the provis ons of this article. Such
duties may be assigned by the hao g administrator to other county personnel to conduct inspections and other
duties of adrrirlstration deemednecessary. The housing irrspedorshall have the fdlowirg provers aril duties
(1) To investigate the doodling conditions, and to In>,spect daellirgs located in the cocmiy, in order to detemine which
dwellings are unfit for hurren habitation, and for the purpose of carrying out the objectives of this article with rasped
to the repatr, dosing or derrdition ofsuch dwel]irgs.
(2) To take such action, together with other appropriate departments and agencies, public and private as rmy be
necessary to effect rehabilitation of housing which is deteriorated
(3) To keep a record of the results of inspediaks mode under -this article and an inventayof those dae]lirgs that cb
not meet the rnarrunstandaurls of fitness h aapn prescribed
(4) To adnruder oaths wd attimptiau, exan m vL4tmsses arxi mmve ewderm
(5) To ender upak premses for the purpose of nca'ng examnations and inspections; provider], such erdnes shall be
rrrade in accordance with sub -section A of this section below, and state law, and shall be made in such rr anner as
to cause the least possible inconvenience to thepersahs in possession.
(6) To appoint and fix the duties of such officers, agents, and errpcoyees as he deems necessary to assist in
carrying out the purposes of this article, and to delegate any of his hirdions and powers to such officers, agents and
enployees.
(7) To perfam&& otherddpes as maybe prescribed herein orbythe cony
a Inspections; dty of owrkers and occupants.
(a) K herever the housing inspector has reasonable cause to believe that there exists any cohdtion or code
vidatien which makes a bualdirg or premises urhsafe, dangerous orhazarebus, the housing in>,specto-nroy enter such
building or premises if the Inspector has the cement of the owner, or if the dwelling is ocaped by a tenant consent
to ender the dwelling is given by the teront The housing inspector shall present prole- credentials Men requesting
to ender the dwellirg. If such building g or premses is ur>occupied, the housing impedorshall rmke a reasonable effort
to locate the corer or other persons having charge or control of such and request entry. If entry is refused, the
housing inspedorshall have recourse to everyrerredy provided by law to secure entry.
(b) Covey oompa kt of a dwelling, roaring hawse or rocking unit shall give the owner or his agent or employee,
access to any part of such dwelling and its premses at all reasonable titres for the pxapose of mating such repairs or
alterations as are necessary to effect cerr#iance with the provisions of this article or with any lavAd oder issued
pursuant to the provisions of this article.
G Vlbutarts to inspect dnelhings.
Wien pemission to inspect a d Ld ing or premses is deried, the hrahsing inspector must obtain an
acrhinistrative search and inspection mrark to inspect such dwelling or premses Kien the housing inspector has
obtained a proper acinastrative search and inspection viarrarrt as provided by law, no owner or ocaupard or any
other persons having control of any builchng or premses shall fail or neglect to promptly paint entry. Such wanard
sh crit be issued pursuant to GS 15-27.2.
RTWISBk W #':.iZJ� ZJd
A Proceatnre forenforcerrprt
(a) RdIn7nary Investigation. In accordance with GS 16x4443 whenever a signed petition is filed with the
h ouspng inspector dnarcyng that any dwelling is unfit for human habitation, or wherever it appeas to the Inspecto
upon inspection, that any dwelling is urkft for hurren habitation, he shall, if his prelirrinary Investigation discloses a
basis for such darges, schedule a hearing.
(b) Notice If corrections are not acdressect in a timely annner the housing inspector shall issue and cause to be
served upon the owner of and parties in irderest in such dnelfing a corplat9 stating the charges and containing a
notice that a hearing will be held before the inspector at a puce therein fixed, not less than ten (10) nor trona than
thirty (30) days after the serving of the m7#a nt.
(c) Heating. The owmerorany part pn interest shall have the right to file an an%w to the corkplaht and to appear in
person, or otherwise, and gyve testirrony at the place and tine fixed pn the corr#a nt. Notice of such hearing shall
also be given to at least one (1) of the persons signing a petition relating to such dwelling. Any person desiring to do
so Trey attend such heating and give evidence relevant to the rratterbeing lead The rules of evidence prevailing in
courts of law orequityshat] not be controlling in hearings before the Inspector
(c) Raedureafterhearing.
(1) After such notice and heating the inrspedor shall state in writing his detemination whether the dwelling is udit
forhurran habitation, and, if so, Mather it is obteriorated ordpapkidated
(2) If the inspedordetarrines that the dwe]ling ps deteriorated,, he shall state pn writing his findings of fad in support
of such detemrinratioi and shall issue and cause to be seared upon the carer thereof an oder drecting and
requiring the owner to mpoapr, alter; or inprove such dwelling, or to vacate and dose such dwelling as a hurren
habitation urntil such repairs, alterations, and improvarrents have been trade. The owner shall coxkldy with the
madman standards of fitness established by this article within a speafred penod of time, not to exceed ndrety (90)
days
(3) If the inspector deterrriaes that the dwelling is driapidated, he shall state in writing his frnchngs of fad to support
such detarrinatlon and shall issue and cause to be served upoh the owner thereof an oder drecting and requiring
9
the owner either to repair, afterorirrprove such duel ing to cony with the n7ninun stadards of fitness established
by this artiste, or else to vacate and rarove or de rdpsh the ware within a specified period of tine not to exceed
ninety (90) days.
H Failure to comply with a -deer:
(a) In perconan remedy If the owner of any ceetenorated dwelling shall fail to comply with an a der of the housing
pnspector to repair, alter, or improve or to vacate and dose as a human habitation the sore within the time specified
therein, or if the owner of a dilap,dated dwelling or dwelling urit shall fail to iryrpy with an cider of the irxspedo- to
repair, after orirrprove or to vacate and dose and renpve or demolpsh the sarre wdhin the tirre specified therein, the
inspector shall submit to the board of corrrnssianers at its next regrda meeting a resolution drecting the a niy
attorney to petition the supenor count for an aster dreding such owner to comply with the ader of the inspector
audhoized by G S 160,4446(g).
(b) In rem remedy. After failure of an owner of a deteriorated or dilapidated dwelling or dwelling unit to oanp'y with
an aster of the irrspedor within the tirre specified therein, if qui -dive relief has not been sougfd or has not been
granted as provided in subsection (a) above, the iraspedon shall subrrit to the board of camn'ssianers an a>hhance
adenng the irnshector to cause such dolling to be repaired, altered, irrproved, vacated, dosed, removed or
den -dished as provided in the aigpnal order of the ir>,specto and pending removal or demdition, to place a placard
on such dwelling as provided by GS 164443 and sub -section C of this section.
(c) Appeals from orders of inspector
(1) An appeal from any derision or order of the inspector may be taken by any person aggrieved thereby. Any
appeal from the inspectr shall be taken within ten (10) days from the rendering of the derision or service of the
order, and shall be taken by filing with the inspector and with the housing appeals board a notice of appeal which
shall soerify the ga ds upon which the appeal is based Gaon the filing of any notice of appeal, the inspedor shall
faft with transrrit to the hawing appeals board all the papers constituting the record Lpon which the decision
appealed frau was nEdeMen an appeal is frau a decision of the inspector refusing to allow the person aggrieved
thereby to do any act, his decision shall remain in face until nuciifred orreversed Kf7en an appeal is from a decision
of the inspedor requdnng the person aggrieved to do any act, the appeal shall have the effect of suscendng the
requdremerd until the hearing by the board, unless the inspector certifies to the board, after the n chce of appeal is
filed with him that by reason of the fads stated in the certificate (a copy of which shall be furnished the appellant), a
suspensan of his requrerrerd wordd cause irrmnend penl to life or property, in which case the requdrarert shall not
be susperded except by a restraining ader. Such a restraining oder may be granted for due cause shown upon rat
less than ane (1) days written notice to the inspector by the board, or by a court of mord upon petition made
pursuant to G. S. 16A44 q and subsection (d), below
(2) The hong appeals board shall fix a reasonable time for the hearing of all efcceals, shall give due notice to all
the parties, and shall render its derision within a reasonable time. Any party may apapaear in person or by agent or
attorney. The horsing appeals board may reverse or affimrl Molly or partly, or may madly the decision ar oder
appealed frail and may make such decision and order as in its opdrdon a#� to be made in the natter, and to that
end it shall have all the powers of the inspector, but the concurring irate of far (4) rranlaers of the board shall be
necessary to reverse or rradfy cry decision or order of the inspaactor The housing appeals board shall hoe power
also in passing upon appeals in any case Where there are p> acticd dfFicidties or rnrecessary har/ships in the way
of carrying out the strict letter of this artiste, to adapt the application of the artiste to the necessities of the case to the
end that the spirit of the artide shall be ol.,- , public safety and welfare waived, and suastartaI justice done.
(3) Every decision of the board shall be sudnject to review by proceedings in the nature of certiorari instituted within
fifteen (15) days of the decision of the board, but not otherwise.
(r) F2ftion to spenor court by owner: Any person aggrieved by an cider issued by the inspector or a decision
rerrdered by the board shall have the right, within thirty (30) days after issuance of the order or rendering of the
decision, to petition the supenor court for a temporary pryudion restraining the inspector pending a final cisoosition
of the cause, as provided by G S 1604446(g.
G MWiods of service ofconplaints andondem
C)rrpralrts or orders issued by the inspector shall be served upon persons either p asordly or by
registered or certified nail. If the whereabouts of such persons are unkrawn and the sarre carat be aseitalned by
the inspector in the exercise of reasonable dligence, the inspector shall make an affidavit to that effect, and the
serving of such corplaint or ozier upon such person nay be meade by publishing the sate at least once no later
than the tine at which persard service world be required under the provisions of this artide in a newspaper having
general circulation in the courtly lMnere service is made by publication, a notice of the pendng proceedings shall be
pasted in a ccriWo rocs peace on the promises affected by the con -plaint or order:
Q In nernaction by inspector ptacarrirg
(a) After failure of an owner of a dwelling to cw#y with an arter of the inspector issued pursuant to the provisions
of this artiste, and upon adopfion by the board of cornrissior"s of an ordrance audfanzing aro drecting him to do
so, as provided by G S 1604443(5) and sudrsedion Act this section, the inspector shall proceed to cause such
dwelling to be repaired, altered or improved to comply with the rririman standards of fitness established by this
artide, or to be vacated and dosed and rerraved and derrdished as drected by the ordinance of the band of
corn issioners, and shall cause to be posted an the nein entrance of such dwelling a placard with the following
wads: 'This bua'Id'ng is unfit for hurrarn habitation, the use or ocarpation of this budld'ng for hurrah habitation is
prohibited and unlaW d."Coeupolion of a building so posted shall institute a nIsderreana:
10
(b) Each such ordinance shall be recorded in the office of the register of deeds in the county wherein the property is
located; and shall be indexed in the name of the property owner in the grantor index, as provided by GS 160A-
443(5).
E Casts, alien on prerrises.
As p wowed by GS 1604446(6), the cost of any repairs, alterations, or impr overrerds, or of vacating and
dosing, or removal or derrdition, caused to be made or done by the inspector pcxsrard to sub -section C of this
section shall be a lien against the real prgdery upon which such dost was tncured Such lien shall be filed, have
priority, and be collected in the sarre n canner as the lien for special assessments established by G S Chapter 1534,
Artide 9.
F. Alternative rernecies.
Wher this artide nor any of its provisions shall be construed to irrpair or limit in any way the power of the
county to define and dedare nuisances and to cause their abater ent by surnrrery action a, otherwise, or to enface
this article by criminal process as authorized by GS 14-4 and sub -section G of this section, and the enfacan ent of
any remedy provided herein shall not prevent the entbroernent of any other remedy orrerredles provided herein or in
other ordnances or laws.
G Hotising appeals board
The housing appe. board - e• to In subsection.(c) shall oawst of a .- of the board of
.• •• • .• e... . • .. .. pa
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ei
is
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...--• •.
A Cordiid with other provisions.
In the evert any provision, standard, orreque rent of this article is found to be in conflict with ary provision
of any other ordnance or code of the county or the state, the provision which establishes the higherstardad or num
stringent requirerrut for the pro notion and protection of the health and safety of the residents of the county shall
prevail.
E General penalty; continuing vidations.
(a) Wenever in this Code or in any ardrance of the copy any act is prohibited or is merle or declared to be
udav d or an olfense or a rrisa6mana; or wherever in such Cede or ordirxvnce the doing of any ad is required or
the failure to do any act is declared to be urtadid or an offense or a rrisdaneanar, when no specific penalty is
provided therefore the vitiation of any such provision of this Code or any such ordnance shall be p mishable by a
fire of not mare than fifty dollars ($50.00) or by irrpnsonr ent for not mrore than thirty (30) days, or both, for each
separate vidation. Each day any vitiation of this Code or any ordinance shall constitute a separate offense, unless
otherwise specified Except as set forth in subsection (b), violation of this Code or any other county ordnance shall
be a rnsdemeano
(b) Violation of any povisien of this Code shall subject the offender to a civil peral(y in the anxxnnt of one hundred
dollars ($10000), to be recovered by the col mtyin a civil action in the nature of debt if the oftender-does not pay the
penalty within a period of seva*--two (72) hours after he has been cited for violation of the ordnance. Otation shall
be in writing, signed by the appopriate department head or the depatir ent heads desigrnee charged with the
enfacerrent of the particular old sure which has been vitiated, and shall be delivered or mailed to the offender
either at their raddence or at their place of business or at the place where the violation ocaned Each days
continuing violation shall be a separate and distinct offense. Violations of the fallowing pouts ons shall not be
nIsderreanors, but shall subject the ofibnder to the civil perxoity, chapter 4, chapter 7,chapter 10,- chapter 11;
aoperdx q apperxiix a• appendix C, and aop dx D Any action to recover such civil penalty may be joined in
action for appropriate equitable or other legal rerrwc inducting irycmcions and orders of abatement and inducing an
action to recover dareges owing to the county by reason of expenses incm-ed by the county in abating, correcting;
lirriting, and otherwise dealing with the harmful effects of the offerdhg action.
State law relerences: Violations of cocmty ordinances ganerdly deemed rrisderreanas puahishable as p -s bed
above, G S § 144. See also G S § 1534-123, prescribing alternate methods for enfacernent of ordnances and
authorizing the rre{drg of each days cortin ting violation a separate oSense, iryundion, G S § 1485 et seq.; liability
of defendant in amnal actions, GS H647, 648.
G Famft not exdusiwz
(a) The inposition of a penalty corder the provisions of this Code shall not prevent the revocation or suspension of
any license, frandniseor permit issued or c, parded herewxder:
(b) If ary violation of this Code is designated as a nt dsance under the provisions of this Cafe, such r dsarnce may
be swm> uilyabated by the county in addition to the imposition of a fine or irrMsorrnent.
(c) Any provision of this Cale or other ordnance of the county may be errforoed by any one (1) or mare of the
rens es authorized by G S Section 1534-123.
D. Action to vacate a dwelling.
If any occupant hails to corrldy with an order to vacate a gelling; the public officer may file awl action in the
name of the early to retrieve suds occupant. Suds evil action shall corldy with the regL eavrrts of GS 160A-
443(7).
E Amendittent&
The board of cermissianers trey from tirre to tirre arrend the terns of this articlehb arr rent shalt be
adgctedbythe goveming body tmtil they have held a public hearing on the arrerdnunt.
F. Smmrability.
If arty provision of this article is for any reason held to be in vaid or unrconstitutio nd by any rout of
c orrWent jmsd'ction, suds provision shall be deer red a separate, indeperrbrit provision and st.& hddng shall riot
affect the vaid'ty of any other provision hared,' and to that arid, the provisions of this article are hereby declared to
be severable.
No one else desired to speak and Chairman Norman adjourned the hearing.
OTION by Commissioner Tice to adopt the minimum housing ordinance effective
September 1, 2007.
VOTING: Ayes — 5; Nays — 0.
-----------------------------------------------CONSENT
items.
MOTION by Commissioner Johnson to approve the following eight consent agenda
VOTING: Ayes — 5; Nays — 0.
(All items were explained during the briefing session.)
1. Call for a Public Hearing on Tuesday, April 17, 2007, at 7:00 P.M., for the
Consideration of a Proposed Residential Growth Management System Ordinance for the
Brawley School Road Peninsula: (See the Special Meeting Minutes of this date for additional
information regarding this ordinance.)
2. Request for Review of Text Amendments to the Soil Erosion and Sedimentation
Control Ordinance as Recommended by the State and to Call for a Public Hearing on
May 1, 2007 for Official Adoption of the Revised Ordinance: Erosion Control Administrator
Mark Selquist said that on December 5, 2006, the board adopted a soil erosion ordinance which
was forwarded to the state for review. He said the state suggested a few revisions, and a public
hearing was necessary to finalize the document. Selquist said the revisions were minor, but they
were necessary to fully comply with the Sedimentation Pollution Control Act.
3. Request for Adoption of a Soil Erosion and Sedimentation Control Program
(SESCP) Fee Schedule: Selquist said fees were needed for the newly created soil erosion
program effective June 1. He said the fees would be for sites where one acre or more (one half
acre or more in a water supply watershed area) of land was disturbed. Selquist said a formal erosion
control plan would be submitted, and once the site was permitted, an inspection would be needed on
a regular basis. He then shared the recommended fees as follows:
Plan Review - Each disturbed acre or any part thereof ................................................... $135.00
- Water Supply Watershed (less than one (1) acre) .................................. $50.00
Revised Plan Review - Per acre or part thereof................................................................ $50.00
Permit Placard (if needed)................................................................................................. $5 .00
Notice of Violation
Varies based on severity, adherence to approved plan, prior record, whether the violation was
committed willfully, amount of money saved by noncompliance, cost of rectifying the damage, and
staff investigative costs. The minimum fine is $500 per acre or part thereof per day.
Re -inspection Fee (required after Notice of Violation) ..................................................$125.00
If a site is out of compliance, it will receive a Notice of Violation. Any project that is under an
12
NOV may not have any activity (i.e., building inspections) until the site is brought into compliance,
the required fine is paid to the Iredell County Finance Department, and the re -inspection fee has
been paid. Fines and re -inspection fees may NOT be billed on an account.
Project Management Fee................................................................................................ $50.00
A project management fee is assessed only on sites that are not required to submit an erosion
control plan (less than one acre outside water supply watersheds or less than one-half acre inside a
water supply watershed) and only after county inspectors have investigated a complaint and found
that the site is not in compliance with erosion control laws.
(In reference to fees for sites not requiring a formal erosion control plan, but found to be in
violation of the North Carolina Sedimentation Pollution Control Act of 1973, the staff will
recommend adequate sediment control measures and inspect the site. Inspections will cease once
the site is stabilized.)
4. Request from the Health Department for Approval of a Paid Educational Leave of
Absence for Scott Lenhart, the Emergency Planner & Division Manager for Health
Education & Emergency Preparedness: County Manager Mashburn recommended that
Scott Lenhart be allowed to attend four residencies in order to obtain an on-line doctorate in
health administration with an anticipated graduation date of April 2010. He said the course was
through the University of Phoenix, which was accredited by the North Central Association of
Colleges and Schools and recognized by the Secretary of Education.
The following is a portion of a signed statement submitted by Mr. Lenhart and Health Director Donna Campbell
pertaining to this request.
"The program does have four residency trainings within the next three years. These residencies are from four to six
days in length. The first residency is scheduled for February 22, 2007. The projected dates for the other three
residencies are February 2008, July 2008 and February 2010.
"Scott Lenhart is requesting paid school leave to attend the four residencies. Scott is only asking for paid time. He is
not asking for tuition reimbursement. As outlined in the Iredell County Personnel Manual, Scott agrees to remain an
employee of the county for a period equal to twice the education leave received, or he will reimburse the county for
all compensation received while on educational leave."
5. Request from the City of Statesville for the County to Enter Into an Inter -local
Agreement Regarding the "One North Carolina Fund Grant" for Canac Kitchens U.S. Limited:
Deputy County Manager Blumenstein said a $250,000 One NC Fund Grant had been awarded to the City
of Statesville for Canac Kitchens, and an equal amount was needed as a match. She said economic
incentives from the city and county could be used; however, Statesville had approved only $187,150
while the county's incentive was $342,780. Blumenstein said an inter -local agreement, drafted by the
city, included the full $342,780.00; however, she was recommending that only $62,850 of the county's
incentive be uscd. She said the $62,850 was the difference between the total match needed of $250,000
and the city's incentive of $187,150. In addition, she recommended for the county to be responsible for
only 25% of the $250,000 should a grant payback be required. (The Inter -Local Agreement was approved
contingent upon the county's share of the match being $62,850 and any grant repayment being limited to
25%.)
6. Request from the Sheriffs Department for Approval of Budget Amendment #33 for
the Appropriation of funds Received from a Gang Violence Prevention Grant: Captain
Jimmie Craven said that in October of 2006, the board approved a gang violence prevention
grant application. He said $90,981 had been awarded, and a 25% match of $30,290 would be
derived from seized funds.
7. Request for a Decision Regarding the Board's July Meeting Schedule: The board
decided to hold one meeting in July of 2007, and it was scheduled for Tuesday, the 24`h, with a
briefing session at 5 p.m., and a business meeting at 7 p.m. (The meetings on the first and third
Tuesdays will be cancelled.)
8. Request for Approval of the March 20, 2007 Minutes
-------------------------------------END OF CONSENT AGENDA -----------------------------------------
13
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS &
COMMISSIONS
Nursing Home Advisory Committee (2 announcements)
Adult Care Home Community Advisory Committee (1 announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Adult Care Home Community Advisory Committee (5 a ointments): No
nominations were submitted, and Commissioner Tice made a motion to postpone the
appointments until the April 17 meeting.
VOTING: Ayes — 5; Nays — 0.
Nursing Home Advisor Committee (1 appointment): No nominations were submitted,
and Chairman Norman made a motion to postpone the appointment until the April 17 meeting.
VOTING: Ayes — 5; Nays — 0.
NEW BUSINESS
Presentation of a Plaque from the Civil Air Patrol: Commissioner Johnson, the
Statesville Airport Commission Chairman, presented the board with an appreciation plaque from
the Civil Air Patrol.
COUNTY MANAGER'S REPORT
County Manager Mashburn provided updates about the following projects.
• All offices have been moved into the Building Standards Center on North Center Street
• Mental health offices should soon occupy the second floor of the Iredell County Government
Center -South
• The Mooresville EMS project is progressing as planned.
CLOSED SESSION: Pursuant to G.S. 143-318.11 (a) (4) — Economic Development and
G.S. 143-318.11(a) (6) Personnel, Chairman Norman at 8:00 P.M., made a llnotA to enter into
closed session.
VOTING: Ayes — 5; Nays — 0.
(RETURN TO OPEN SESSION AT 8:20 P.M.)
CALL FOR A PUBLIC HEARING REGARDING AN ECONOMIC
DEVELOPMENT INCENTIVE: MOTION by Commissioner Robertson to call for a public
hearing on Tuesday, April 17, 2007, at 7:00 P.M., regarding an economic development incentive
for C & R Racing, Inc., of $55,800.00, over a five-year period, based on a $3 million investment.
VOTING: Ayes — 5; Nays — 0.
ADJOURNMENT: MOTION by Commissioner Tice to adjourn the meeting at 8:21
p.m. NEXT MEETING: Tuesday, April 17, 2007, 5 P.M. and 7 P.M., in the Iredell County
Government Center, 200 South Center Street, Statesville, NC.
VOTING: Ayes — 5; Nays — 0.
Approved:
14
Clerk to the Board