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HomeMy WebLinkAboutDecember 4 2007 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES DECEMBER 4, 2007 The Iredell County Board of Commissioners met in Regular Session on Tuesday, December 4, 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, Planning & Development Director Ron Smith, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Norman INVOCATION by Commissioner Johnson PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: MOTION by Commissioner Johnson to approve the following agenda adjustments. Addition: Call for a Public Hearing on December 18, 2007 at 7:00 PM Regarding an Economic Development Incentive for NGK Ceramics Deletion: Request for a Decision Regarding an Attempt to Enter into a Lease with the North Carolina Department of Transportation for the Usage of Former Prison Property VOTING: Ayes — 5; Nays — 0. APPOINTMENT BEFORE THE BOARD Presentation by Dr. Kathy Kramer, on behalf of the Friends of the Animals Organization, Regarding an Animal Adoption and Education Center for Iredell County: Dr. Kathy Kramer, a local veterinarian, said the Friends of Animals group was established in August 2006, and it was a private nonprofit organization. She the group had a long-term goal to build an animal adoption center, and once completed, for the county to assume the management. Kramer mentioned five short-term goals and said her group would underwrite the $60,128.46 estimated cost. She also said the group would consider the same funding for next year. Kramer then reviewed the group's proposal as follows: Friends of the Animals Iredell County Animal Shelter Endowment Proposal Long term Goal: To build an Adoption and Education Center in South Iredell County to be managed by Iredell Count v. Short term Goal: To work with Iredell County to improve animal welfare by bringing current county services up to national standards. Short Term Goal Target Areas: 1) Animal Shelter Public Hours 2) Adoption Kennels 3) Microchip Scanning 4) Shelter Cleaning Methods 5) Humane Euthanasia by Injection 1) Public Hours: Our Animal shelter is open to public 34.5 hours. Alexander, Catawba & Rowan average 42 hours. These shelters have a lower percentage of euthanasias then Iredell County. Increased public hours results in a higher percentage of animal redemptions and adoptions, thus increased revenue. 2) Adoption kennels: Keeping adoption kennels full will aid in increasing the number of adoptions, thus increasing revenue. 3) Microchip scanning: Animals should be scanned a minimum of three times to search, for a microchip. Microchip detection increases the number of redemptions, thus increasing revenue. 4) Shelter Cleaning Methods: Recent inspections cite problems with drainage. This is due to using a building not originally, designed to house animals. This will continue to be a problem until a new facility can be built or the current facility renovated. 5) Humane Euthanasia by Injection 1. Safer for employees than Carbon Monoxide 2. NC Dept. of Agriculture proposed regulation will require certified Euthanasia technicians and will only, allow carbon monoxide in only certain instances after 2012. 3. Cost effective: Cost per year. -Carbon monoxide: $11,880.80 Cost per year. Sodium Pentobarbital: $15,062.70 DV rence: $3,182.40 The Shelter is already performing Humane Euthanasia by Injection for animals not suited for the gas chamber. Proposed Cost to End the use of Carbon Monoxide: Euthanasia Technician: $45, 000 (national average) Training: $ 2, 225 (National Animal Control Association Euthanasia Workshop for 5 employees and travel expenses to Atlanta) Renovations to Euthanasia Room: $1000 Supplies: $11,903.46 (drugs, needles, syringes, sharps container), average $1000 monthly Total: $60,128.46 NC Department of Health & Human Resources 2005 Report County Hours open to the public % cats/dogs euthanized $ spent per animal Alexander 41.5 hours 88% cats 80% dogs $43.45 Catawba 42 hours 90% cats 68% dogs $66.41 Iredell 34.5 hours 95% cats 81%dogs $94.71 Rowan 43.5 hours 75% cars 61%dogs $62.00 The Humane Society of the United States Euthanasia Training Manual Carbon Monoxide vs. Sodium Pentobarbital Cost Analysis Worksheet (pages 126-129) Prepared for Iredell County Costs estimated using figures provided by Chris Royal & Tracy Jackson, The Humane Society of the United States and Webster Pharmaceuticals. Carbon Monoxide Cost Analysis Model Equipment cost: 1. Original cost of unit: $6000, usable life 10 years (based on national average-Iredell County's gas chamber was purchased in 1994, original cost not provided). 2. CO room sensor cost: $500, usable life 10 years (based on national average) 3. Annual depreciation. $650 (cost of unit + CO sensor) 4. Daily depreciation: $2.50 (annual depreciation / 260 working days per year) 5. Average number of animals per day euthanized: 23 (total number of animals in 2006 euthanized 5970/total number of working days per year 260) 6 Depreciation cost per animal: $0.11 (daily depreciation/animals per day euthanized) 7. Maintenance cost per animal: $0.08 (maintenance cost per year $500/ animal per year euthanized) 8. Equipment cost per animal: $0.19 (depreciation cost per animal + maintenance cost) Labor Cost 9. Number- of employees required to process: I 10. Average single processing period: 30 minutes (4 minutes load and start, 20 minutes operating cycle, 6 minutes unload & clean) 11. Average number of animals per cycle: 4 (*Overcrowding will result in inhumane death) 12. Average total processing period: 172.5 minutes (average number of animals euthanized/ number of animals per cycle x processing period of 30 minutes) 13. Labor cost per minute: $0.20 (average hourly, wage $12.00/60 minutes 14. Total labor costfor entire processing period. $34.50 (labor cost per minute x processing time) 15. Labor cost per animal: $1.50 (labor cost for processing/ number of animals euthanized per day) Supply Cost 16. Cost per CO cylinder: $150 17. Number of cylinders used per year: 6 18. Total cost of CO: $900 (cost per cylinder x number of cylinders) 19. Number of cylinders used per year: 1495 cycles (average number of animals euthanized per day/number of animals per cycle x number of work days 260) 20. Gas cost per cycle: $0.60 (Total cost of COI number of cycles per year) 21. Gas cost per animal: $0.15 (Gas cost per cycle/ number of animals per cycle) Total cost 22. Total costper animal: $1.84 (Equipment cost line 8 + labor cost line 15 + supply cost line 21) **This model does not. factor in the cost ofacepromazine injections which are recommended to be given 10 minutes prior to placing in the chamber to reduce vocalization/agitation in dogs. This model also does not factor in the additional cost of euthanasia by injection for those animals not suited for the gas chamber (puppies, kittens, geriatric and debilitated/sick animals). Sodium Pentobarbital Cost Analysis Model Equipment Cost 1. Equipment cost: $500 (floor safe, table, electric clippers) 2. Usable life: 10 years 3. Annual depreciation: $50 (cost/usable life) 4. Daily depreciation: $0.19 (annual depreciation/working days per year) 5. Average number of animals euthanized per day: 23 6. Depreciation cost per animal: $0.008 (daily depreciation/animals euthanized per day) 7. Maintenance costs per animal: $0 (no projected maintenance cost) 8. Total equipment cost per animal: $0.008 (depreciation cost per animal + maintenance cost) Labor Cost 9. A. Number ofemployees required to process IV: 2 B. Number of employees required to process IP: I (cats, kittens, puppies) (Note: 1 employee can process an adult dog ifpre-euthanasia drugs are used) 10. A. Number of IV injections: 2985 (Estimate 50% of total 5970 animals) B. Number oflP injection: 2985 11. Average single processing period: 2 minutes (transport to euthanasia room, preparation & injection, verification of death, removal of carcass and record keeping. * *Note: Average time to process IP injections will be less than 2 minutes. 12. Number of animals per single processing period: 1 13. Total processing time: 46 minutes (Number of animals per day x single processing period) 14. Labor cost per IV injection: $0.80 (Hourly wage $12160 minutes x number of employees required to process x number of minutes to process) 15. Labor cost per IP injection: $0.40 (Hourly wage/ 60 minutes x number of employees required to process x number of minutes to process) 16. Total annual labor for IV processing: $2388.00 (labor cost per dog x number of dog injections) 17. Total annual labor cost for IP processing: $1194.00 18. Labor cost per animal. $0.60 (Total labor for IV processing + Total labor for IP processing/ Total number of animals euthanized) Supply Cost 19. Sodium pentobarbital cost per 100 ml bottle: $34.75 20. Cost per ml. $0.3475 21. Average dose per animal: 5 mis (based on 501b dog) 22. Sodium pentobarbital cost per animal: $1.7375 (Cost per bottle120 doses per bottle) 23. Syringe cost per animal: $0.000995 (5 ml syringe cost $9.95 per 100, estimated 100 uses per syringe) 24. Needle cost per animal: $0.113 ($11.30 per 100, one use only) 25. Cost per animal for pre -euthanasia drug: $3.077 ($30.77 bottle of Telazol providing 10 doses for an average dog) 26. Number ofdogs need pre -euthanasia anesthesia: 119 (2985 x 0.04 estimates that I in 25 adult dogs will require pre -euthanasia anesthesia) 27. Total cost of pre -euthanasia drug: $366.163 (Cost per animal x number of dogs needing drug) 28. Average cost per total animals euthanized per pre -euthanasia drug. $0.0613 (Total cost ofpre- euthanasia drug/total number of animals euthanized) 29. Per use cost of needle/syringe for pre -euthanasia drug: $0.113995 (Cost of syringe + cost of needle) 30. Total cost of needle/syringe for pre -euthanasia drug: $13.565 (Cost of needle/syringe x number of dogs needing pre -euthanasia anesthesia) 31. Average cost per total animals for needlelsyringe for pre -euthanasia drug: $0.00227 (Total cost of needle/syringe/ total number of animals euthanized) 32. Total supply cost per animal: $1.915 (Sodium pentobarbital per animal + syringe + needle + pre -euthanasia drug + pre -euthanasia needle/syringe) 33. Total cost per animal: $2.52 (equipment cost per animal + labor cost per- animal + supply cost per animal) SUMMARY 34. Cost per year: Carbon Monoxide: $11,880.30* 35. Cost per year: Sodium Pentobarbital: $15,062.70 Dlerence: 3,182.40 *Includes cost of Acepromazine, needle/syringe. Approximate cost.fbr 50 pound dog: $0.30 x 2985 dogs _ $895.50 Gree Biffle, Chairman of the Friends of the Animals group said the shelter's hours needed to be extended in order for the public to have sufficient time to make adoptions. He submitted a petition and stated 3,000 people had signed it. Biffle said the organization had a long-term goal to build a $2 million adoption center. He said at some point, it was envisioned the adoptions could actually become profitable. Commissioner Robertson asked how many animals had the microchips. He also asked about the proposed employee who would be a trained euthanasia technician. Kramer said nationwide, there were about $15 million microchips, and locally, around 10 to 15 percent of the animal population had them. In regards to the euthanasia technician, she said nationally these people were paid about $45,000. She said that if anyone already employed with the county was interested in taking the training, this would be sufficient. Dr. Kramer said a person could become certified in one week. Commissioner Williams said a visit was made to the shelter earlier in the day, and one concern the employees had about the proposal was that many of the "select" animals would be housed at the new adoption center. He asked if an adoption center was also needed elsewhere in the county. Dr. Kramer said the organization was focused on getting as many animals adopted as possible. She said that with the growth occurring in the county, having more than one adoption center might be realistic. Biffle said an adoption center would make adoptions faster, and this would eliminate so many animal deaths. Commissioner Williams said many microchips didn't work when they were scanned. Kramer said this was true, and there were many companies manufacturing them. She said the group had a goal to buy more scanners. (No action taken by the board.) PUBLIC HEARING Chairman Norman declared the meeting to be in a public hearing. Request for the Consideration of an Enhanced Voluntary Agricultural District (EVAD) Ordinance & a Proposed Conservation Agreement: Planning & Development Director Ron Smith said the Voluntary Farmland Preservation ordinance had been successful with over 13,000 acres of land in the program. He said that in 2005, the state added language to the statute for enhancements, and as such, the EVAD was a stand-alone document. Smith said an EVAD was irrevocable for a ten-year period and properties were eligible to receive a higher percentage of cost -share funds. He stated participation in the program was voluntary, and it wasn't being imposed on anyone. 4 Jim Dobson, Chairman of the Farmland Preservation Board, said the ten-year commitment initially steered many from serious consideration of the EVAD. He said later the preservation board began to feel it might be unfair to prevent farmers from participating in the program. He said many meetings had been held, and Attorney Pope, along with members of the Iredell Neighbors for Rural Life group had been contacted for input. Commissioner Williams asked if the document followed the state statutes. Attorney Pope said deletions could occur from what was written in the statutes; however, he didn't think additions could be made. He also mentioned concerns about making the ordinance more restrictive. Commissioner Robertson asked when the farmland board started reviewing the EVAD program. Dobson said primarily in the winter of 2006. He said, however, there were some discussions prior to this. Commissioner Johnson said the EVAD did not change the county's zoning ordinance or the land use plan. Vaughn Sprinkle proponent and a high school FFA instructor) said it was important to make "generational farms" more viable. He said throughout the state, Iredell County was known for its agricultural products. Jerry Mishoe (a proponent and a member of the Iredell Neighbors for Rural Life) expressed support for the ordinance and encouraged everyone to create an agricultural business park for the local farmers. Jimmie Gray (a proponent and the Chairman of the Soil & Water Conservation Board) mentioned that many farms in southern Iredell County no longer existed. He encouraged approval of the ordinance and said it was a tool to assist farmers in remaining viable. Randy Bridges (a proponent and a member of Iredell Neighbors for Rural Life) voiced support for the EVAD and said it was well executed. He said the ordinance would provide a growth stimulant for local farms. John Allen (a proponent and the owner of Shiloh Nursery) said North Carolina's number one industry was agriculture. He encouraged the adoption of the ordinance. Dale Bess (a proponent and a fourth generational farmer on the same piece of land) said the ordinance was needed to help farming survive. He said North Carolina was rapidly losing farmland to urban sprawl. No one else desired to speak, and Chairman Norman adjourned the public hearing. MOTION by Commissioner Williams to adopt the Enhanced Farmland Preservation Ordinance as presented. VOTING: Ayes - 5; Nays - 0. The approved ordinance is as follows: IREDELL COUNTY ENHANCED FARMLAND PRESERVATION ORDINANCE Article 1. Policy And Purpose It is the policy oflredell County to conserve and protect and encourage the development, improvement and preservation of it.s agricultural land and forestland ,for the production of food, fiber, and other products. When other land uses extend into agricultural and forest areas, agricultural and forestry operations often become the subject of nuisance suits. It is the purpose of this Ordinance to reduce the loss of available and productive farmland by limiting the circumstances under which an agricultural or forestry operation may be deemed to be a nuisance, and to encourage the preservation and protection of farmland from non-farm development, recognizing the importance of agriculture to the economic andcultural life ofthe county. The Enhanced Farmland Preservation Ordinance creates a district that will provide greater benefits to farmers than the current Voluntary Farmland Preservation Ordinance. Participating farms will be allowed to receive up to 25% of their gross sales from the sale of certain types of Non farm products, as defined herein, and still qualify for agricultural zoning exemptions. In addition, participating farms will he eligible for a higher percentage of cost -share funds under the Agricultural Cost share Program and have priority for other state and local grant programs. Article ll. Enactment Pursuant to authority conferred by North Carolina General Statute 106-735 through 106-744 and Chapter 153A, and for the purpose of promoting the health, safety, morals and general welfare oflredell County, the Board of Commissioners oflredell County, North Carolina does enact the following sections, which shall be known as the ENHANCED FARMLAND PRESERVATION ORDINANCE of lredell County, North Carolina. Article lll. Definitions The following terms are defrned for pur-poses of this ordinance: Board - Iredell County Farmland Preservation Board Board of Commissioners - Iredell County Board of Commissioners Farm Use — The cultivation of soil for production and harvesting of crops; the planting and production of trees and timber; dairying and the raising, management, care and training of livestock; aquaculture; the operation, management, conservation, improvement, and maintenance of a farm and the structures and buildings on the farm; the marketing and selling of crops, timber- and livestock produced on the farm; agritourism; storage and use of materials for the farm uses outlined herein; packing, treating, processing, sorting, storage, and other activities customarily performed to add value to crops, livestock, and agricultural items produced on the farm, and similar activities incident to the operation of a./arm and not inconsistent with the purpose of The Agricultural Development and Farmland Preservation Enabling Act. For purposes of G.S. 153A -340(b), the production of any Nonfarm product, that the Department of Agriculture and Consumer Services specifically recognizes as a "Goodness Grows in North Carolina" product, that is produced on a farm subject to a conservation agreement pursuant to this Ordinance, is a Farm Use. Chairman Chairman of the Farmland Preservation Board District — Enhanced Voluntary Agricultural District Nonfarm Products Any product that is not produced pursuant to a Farm Use and is recognized by the Department of Agriculture and Consumer Services as a "Goodness Grows in North Carolina" product. For the purposes of this ordinance, the term "non farm products" shall not include any use that is not directly, associated with the operations of the subject farm. Article IV. Farmland Preservation Board Section 401. Creation The Enhanced Farmland Preservation Ordinance will be implemented by the existing Voluntary Farmland Preservation Board as appointed by the Board of Commissioners. This Advisory Board will oversee both county ordinances. Section 402. Membership (402.1) Each board member shall be a resident of Iredell County. (402.2) Five (5) of the seven (7) members shall be actively engaged in farming and they may be selected for appointment by the Board of Commissioners from a list of possible candidates submitted to the Board of Commissioners by: the Iredell County Cooperative Extension Service, the Iredell County Soil and Water Conservation District and the U.S. Dept. of Agriculture Farm Service Agency. Appointments should be made with an effort to have the broadest geographical representation possible. (402.3) All members are to serve for terms of four (4) years, except the initial Board is to consist of two (2) appointees for a term of two (2) years; three (3) appointees for terms of three (3) years, and two (2) appointees. for terms offour (4) years. thereafter, ah' appointments are to be for terms offour (4) years, with reappointments permitted. (402.4) Any vacancy on the Farmland Preservation Board is to be filled by the Board of Commissioners for the remainder- of the unexpired term. 6 (402.5) The Board of Commissioners may remove with or without cause any member of the Farmland Preservation Board. (402.6) The per diem compensation of the members of the Farmland Preservation Board shall be fixed by the Board of Commissioners and funds shall be appropriated to the Farmland Preservation Board to perform its duties. Section 403. Procedure (403.1) The Board it to elect a chairman and vice-chairman each year at its first meeting of the fiscal year. The chairman shall preside over all regular or special meetings of the Board. The Board shall adopt its own by-laws and such by-laws or amendments thereto must be approved by the Iredell County Board of Commissioners. (403.2) The Board will use the county fiscal year as its meeting year. The meetings of the Board shall be publicized and conducted in accordance with provisions of the North Carolina Open Meetings Law. Such meetings shall be held at the call of the Chairman and at such other times as the Board in its rules of procedure may specify. (403.3) The Board shall keep minutes of the proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. The Board shall keep records of its examinations and other official actions, all of which shall be immediately f led in the Iredell County Planning Department off ce and shall be a public record. (403.4) The Iredell County Farmland Preservation Board shall contract with the Iredell County Planning Department, with technical assistance of the Iredell County Cooperative Extension Service, to serve the Board for record keeping, correspondence, maintenance of application procedures, and whatever other services the board needs to complete its duties. (403.5) The concurring vote of a majority of the members of the Farmland Preservation Board shall be necessary to; reverse any order, requirement, decision, or determination and to decide in favor of an applicant, or pass upon any other matter on which it is required to set under this ordinance. Section 404. Duties The Farmland Preservation Board shall: (404.1) Review and approve applications for qualified farmland and voluntary agricultural districts and make recommendations concerning the establishment and modification of agricultural districts; (404.2) Hold public hearing pursuant to Article VIII of this ordinance, (404.3) Advise the Board of Commissioners on projects, programs, or issues affecting the agricultural economy or activities within the county, that will affect agricultural districts; (404.4) Perform other related tasks or duties assigned by the Board of Commissioners. (404.5) Develop a county wide farmland protection plan as defined in NCGS 106-744 (e) (1) for presentation to board of commissioners; (404.6) Each district shall be assigned to a member of the Board who shall monitor and represent that district in all business conducted by the Board. Individual members will represent those districts closest to them geographically. No member will represent more than twenty-five percent (25%) of the total number ofd stricts in the county or twenty-five percent (25%) of total land area. Article V Application, for Enhanced Voluntary Agricultural Districts Section 501. Purpose 7 In order to implement the purpose stated in Article L this program provides for the creation of enhanced voluntary agricultural district, which meet the following procedural standards. Section 502. Procedure (502.1) An enhanced agricultural district shall initially consist of at least 25 or more contiguous acres of qualifying farmland or be within I -mile of an already existing district or at least two (2) or more qualifyingfarms, which collectively will create a district. An agriculture district may be enlarged by adding qualifying contiguous farms. (502.2) Upon receipt ofan application, the Board will forward copies immediately to: (A) The Iredell County Tax Assessors Of and (B) The Natural Resource Conservation Service and (C) The Iredell County Cooperative Extension Service and (C) The Iredell County Soil and Water Conservation District Office for their evaluation pursuant to Article VL The said of shall evaluate, complete and return their copies to the Chairman within thirty (30) days ofreceipt. (502.3) Within thirty, (30) days of receipt of respective reports from the County Tax Assessor and the Natural Resource Conservation Service, the Board will meet and render a decision regarding the application. The Board will notify the applicant by mail of its decision. (502.4) If the application is denied by the Farmland Preservation Board, the petitioner has thirty (30) days to appeal the decision to the Iredell County Board of Commissioners. Such appeal shall be presented in writing. The decision of the Board of Commissioners is final. Section 503. Public Notice (503.1) Maps Enhanced voluntary agricultural districts will be marked on of maps maintained by the Iredell County Planning Dept. and displayedfor- public view in the following county offices: (A) Registrar ofDeeds (B) Planning Department (C) Tax Supervisor / GIS Mapping Dept. (D) Soil and Water Conservation District/Natural Resource Conservation Service (E) Cooperative Extension Service (F) Land Records Office (G) Any other office deemed necessary by the Board of Commissioners (503.2) Subdivision Ordinance and Zoning Ordinance Review Developers of major subdivisions or planned unit developments shall designate on the final plat or development plans, the existence of enhanced agricultural districts within one-half (1/2) mile radius of the proposed development. (503.3) Record Notice of Proximity to Enhanced Voluntary Agricultural District At such time as Iredell County has a computerized land records system with the associated capability, it shall be required that such records include some form of notice reasonably calculated to alert a person searching the title of'a particular tract, that such is located within one-half (1/2) mile of a poultry, swine, or dairy qualifying farm or within six hundred (600) feet of any other qualifying farm or within one-half (1 /2) mile of a enhanced agricultural district. (503.4) Limit of Liability In no event shall the County or any of its officers, employees, members of the Advisory Board, or agents be held liable in damages for any misfeasance, malfeasance, or nonfeasance occurring in good faith connection with the duties or obligations imposed by this ordinance. (503.5) No Cause ofAction In no event shall any cause of action arise out of the failure of a person researching the title of a particular tract to report to any person the proximity of the tract to a qualifying farm or Enhanced Voluntary Agricultural District as defined by this ordinance. (503.6) Public Information The County may take such action as it deems appropriate through the Farmland Preservation Board or other body or individual to encourage the formation of enhanced agricultural districts and to further their purposes and objectives, including a public information program to reasonably inform landowners of the farmland preservation programs. ARTICLE Vl. Certification for Qualifying Farmland Section 601. Requirements To secure County certification as qualifying farmland, a parcel must: (601.1) Be participating in the farm present -use -value taxation program established by G.S. 105-277.2 through 105-277.7 or be otherwise qualified by the county to meet all the requirements of this program set forth in G. S. 105-277.3; Be certified by the Natural Resources Conservation Service of the United States Department of Agriculture as being land on which at least two-thirds (213) of the land is composed of soils that: (A) Are best suited for providing food, seed, fiber forage, timber,,forestry, products, horticultural crops, and oil seed crops, (B) Have good soil qualities; (C) Have a favorable growing season; (D) Are favorable for all major crops common to the county where the land is located, (E) Receive the available moisture need to produce high yields for an average of eight out often years; or (F) Has been actively used in agricultural, horticultural, or forestry operations as defined in G. S. 105-277.2 during each of the five previous years, measured from the date in which the determination must be made as to whether the land in question qualifies. (601.2) Be managed, if highly erodible land exists on the parcel, in accordance with Natural Resources Conservation Service defined erosion -control practices that are addressed to said highly erodible land; and (601.3) Be the subject of a Conservation Agreement, as defined in G.S. 121-35, between the County and the owner of such land that prohibits nonfarm use or development of such land Jot- a period of at least ten (10) years, except for the creation of not more than three (3) lots that meet applicable County zoning and subdivision regulations. Qual�ffing documentation for the term easement shall be attached to the deed by the landowner. Section 602. Application A landowner may apply to the Board for such certification at the same time he applies for the approval as an agricultural district. ARTICLE Vll. Revocation and Renewal of Conservation Agreement Enhanced Agricultural Districts require an irrevocable Conservation Agreement between the Agriculture Advisory Board and the landowner that cannot be revoked for ten (10) years. The Agriculture Advisory Board may revoke the Conservation Agreement based on noncompliance by the landowner, subject to the same provision as contained in Article V for appeal of denials. Such revocation shall result in loss of'qualifyingfarm statue and loss of eligibility to participate in a district The Conservation Agreement entered into between the Agriculture Advisory Board and the landowner pursuant to G.S. 106-743.1(a)(2) shall be irrevocable,for a period often (10) years fYom the date the agreement is executed At the end of its term, a Conservation Agreement shall automatically renew for a term three (3) years, unless notice of termination is given in a timely manner by either party as prescribed in this Ordinance. The benefits set forth in Article VIII shall be available to the farmland that is the subject of the Conservation Agreement for the duration of the Conservation Agreement. 9 ARTICLE VIIL Enhanced Voluntary Agricultural Districts; Additional Benefits (801.1) The befits applied to property included in a Voluntary Agricultural District pursuant to G.S. 106- 739 through G.S. 106-741 and G.S. 106-743 and the Iredell County Voluntary Agricultural District Ordinance also apply to property included in an Enhanced Voluntary Agricultural District. (801.2) Property that is subject to an irrevocable Conservation Agreement pursuant to this Ordinance, that remains in effect, may receive up to twenty-five percent (25%) of its gross sales from the sale of Nonfarm Products and still qualify as a bona fide farm that is exempt from zoning regulations under G.S. 153A -340(h). (801.3) A person who farms land that is subject to an irrevocable Conservation Agreement pursuant to this Ordinance, that remains in effect, is eligible to receive the higher percentage of cost -share funds for the benefit of that farmland under the Agriculture Cost Share Program pursuant to G.S. 143-215.74(b). (801.4) State departments, institutions, or agencies that award grants to farmers are encouraged pursuant to G.S. 106-743.4(c) to give priority consideration to any person who farms land that is subject to an irrevocable Conservation Agreement that remains in effect. ARTICLE IX. Public Hearings Section 901. Purpose Pursuant to NC.G.S. 106-740, which provides that no state or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying,farmland within a enhanced agricultural district until such agency or unit has requested the Farmland Preservation Board to hold a public hearing on the proposed condemnation, this section provides for such hearings. This ordinance shall not be interpreted or construed to limit the County's authority to acquire land within or outside a voluntary agricultural district for- a public purpose, whether by purchase or condemnation. Section 902. Procedure (902.1) Upon receiving a request for condemnation, the Farmland Preservation Board shall, within three (3) days, publish a notice in newspaper having general circulation in Iredell County, describing the proposed condemnation. The notice shall state the time, date, and location of the public hearing on the proposed condemnation. Such hearing shall be held within thirty (30) days of receipt of the request. (902.2) The Board will meet to review: (A) If the need fbr the condemnation has been satisfactorily established by the agency or unit of government involved, including a review of any fiscal impact analysis conducted by the agency involved, and (B) Alternatives to the proposed condemnation that are less disruptive and of less impact to the agricultural activities and farm land base of the voluntary agricultural district within which the condemnation action is to take place. (902.3) The Board will consult with the County Cooperative Extension Service, US.D.A. Natural Resources Conservation Service, and may consult with any other individuals, agencies, or organizations, public or private, necessary to the Board's review of the proposed condemnation. (902.4) Within ten (10) days after the public hearings, the Board will make a report containing its findings and recommendations regarding the proposed condemnation. The report will be made available to the public for comment prior to its being conveyed to the decision-making body of the agency proposing condemnation. (902.5) Pursuant to N.C.G.S. 106-740, the County will not, within its scope of authority, permit any,fbrmal initiation of condemnation by local agencies while the proposed condemnation is properly before the board within these time limitations. 10 ARTICLE X. Special Requirements Section 1001. Purpose The purpose of this section is to help meet the needs of agriculture as an industry and to prevent conflicts between enhanced agricultural district participants and non-farm landowners in proximity to these established agricultural districts. Section 1002. Procedure (1002.1) Enhanced Voluntary agricultural districts will not be permitted in designated residential or non-residential growth areas, as delineated in the most recently adopted County Land Use Plan, such plan being adopted after the effective date of this ordinance. (1002.2) The Board shall consult as much as possible with the North Carolina Department of Agriculture, the North Carolina Division of Soil and Water Conservation Service, Iredell County Cooperative Extension Service and any other entity the Board deems necessary to the proper conduct of its business. (1002.3) A copy of this ordinance shall be recorded with the North Carolina Commissioner of Agriculture's office after adoption. At least once a year the County shall submit a written report to the Commissioner of Agriculture's office indicating the status, progress and activities of the county's farmland preservation program, including voluntary agricultural districting information regarding: (A) Number of landowners enrolled (B) Number of acres applied (C) Number of acres certified (D) Number ofacres denied (E) Date each agricultural district was certified (1002.4) Copies of the reports cited in Section 902.3 of this ordinance will be sent to: (A) N.C. Commissioner of Agriculture (B) N.C. Department of Transportation (C) N.C. Department of Commerce (D) The Greater Statesville and The South Iredell Chambers of Commerce (E) Any other entities the Board deems appropriate ARTICLE XL Effective Date This ordinance shall be effective from the date of its passage, this the day of ATTEST: IREDELL COUNTY BOARD OF COMMISSIONERS Acting Clerk Chairman APPROVED AS TO FORM.- County ORM: County Attorney Request for the Adoption of a Resolution Calling for a Public Hearing Concerning the Financing of Certain School Facilities Pursuant to An Installment Financing Agreement: Chairman Norman introduced the following resolution, a copy of which had been provided to each Commissioner, which was read by title and summarized by the Director of Finance and Administrative Services: RESOLUTION CALLING A PUBLIC HEARING CONCERNING THE FINANCING OF CERTAIN SCHOOL FACILITIES PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT WHEREAS, the Board of Commissioners for the County of Iredell, North Carolina (the "County') is considering the financing of (i,) the expansion of Celeste Henkel Elementary School, including the replacement of existing classrooms and the construction and equipping of additional classrooms, a new administration area and a media center, (ii) the construction and equipping of a new 950 -student elementary school ("Coddle Creek Elementary School'), including the acquisition of land therefor, (iii) the expansion of East Iredell Elementary School, including the construction and equipping of additional classrooms and resource rooms, a media center and administration area and the reconfiguration of existing classrooms, (iv) the construction and equipping of a new, elementary school (`Northview/Ebenezer Elementary School') to replace two existing elementary schools, (v) the expansion of Shepherd Elementary School, including the construction and equipping of additional classrooms and resource rooms, (vi) the expansion of South Iredell High School, including the construction of additional classrooms, a new gymnasium and locker rooms and a media center, (vii) the expansion of Statesville High School, including the construction and equipping of additional classrooms and resource rooms, a new administration area and a media center, the renovation of existing classrooms, and related site work, (viii) the construction and equipping (?/'a new 750-student elementary school (`Coddle CreeklRocky River Elementary School'), and (ix) the conversion of the existing Mooresville Intermediate School to a new middle school, including the construction of additional classroom space, the renovation of existing space and the construction of new athletic facilities, including a baseball field, tennis courts, a football stadium and related bathroom facilities (collectively, the "Project') pursuant to an Installment Financing Agreement, to be dated as of March 1, 2008 or such other date as the parties thereto shall mutually agree upon (the "Installment Financing Agreement'), between Iredell County Public Facilities Corporation, a North Carolina non-profit corporation (the "Corporation') and the County; and WHEREAS, pursuant to the Installment Financing Agreement, the Corporation will finance the Project, and the County will make Installment Payments (as defined in the Installment Financing Agreement) in amounts sufficient to pay the principal and interest with respect to Certificates of Participation (Iredell County School Projects), Series 2008 (the "2008 Certificates'), to be executed and delivered by the Corporation for the purpose of financing the Project, it being the express intention of the Board of Commissioners that only the principal amount of 2008 Certificates necessary to accomplish the purposes stated in the Installment Financing Agreement will be executed and delivered (estimated not to exceed $115,000,000 principal amount); and the County's obligations under the Installment Financing Agreement will be secured by, among other things, a deed of trust on all or part of certain real property to be owned by the County, consisting of the sites of Celeste Henkel Elementary School, Coddle Creek Elementary School, East Iredell Elementary School, Shepherd Elementary School, South Iredell High School, Northview/Ebenezer Replacement Elementary School, Coddle Creek/Rocky River Elementary School, and Mooresville Middle School, including all buildings, improvements and fixtures now or hereafter located thereon; and WHEREAS, the Installment Financing Agreement, if'entered into, will comply in all respects with Section 160A-20 and Chapter 159, Article 8, of the General Statutes ofNorth Carolina and the guidelines of the Local Government Commission of North Carolina for all financings undertaken pursuant to said Section and Article; and WHEREAS, said Section 160A-20 requires that, before entering into an installment financing agreement involving real property, the County shall hold a public hearing on such agreement; now, therefore, BE IT RESOLVED by the Board of Commissioners for the County of Iredell: Section 1. A public hearing with respect to the Installment Financing Agreement is hereby directed to be held on Tuesday, December 18, 2007, at 7:00 P.M, in the Commissioners' Meeting Room at the Iredell County Government Center, 200 South Center Street, Statesville, North Carolina. Section 2. The Clerk to the Board of Commissioners is hereby directed to publish notice of said public hearing, in substantially the following forin, once at least ten (10) days prior to the date of the public hearing as required by Section 160A-20(g) of the General Statutes of North Carolina: NOTICE OF PUBLIC HEARING BY THE BOARD OF COMMISSIONERS FOR THE COUNTY OF IREDELL, NORTH CAROLINA, CONCERNING THE FINANCING OF CERTAIN SCHOOL FACILITIES PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT NOTICE IS HEREBY GIVEN to all interested persons that the Board of Commissioners for the County of Iredell, North Carolina (the "County') is considering the financing of (i) the expansion of Celeste Henkel Elementary School, including the replacement of existing classrooms and the construction and equipping of additional classrooms, a new administration area and a media center, (ii) the construction and equipping of the new 950-student Coddle Creek Elementary School, including the acquisition of land therefor, (iii) the expansion of East Iredell Elementary School, including the construction and equipping of additional classrooms and resource rooms, a media center and administration area and the reconfiguration of existing classrooms, (iv) the construction and equipping of a new elementary school to replace two existing elementary schools, (v) the expansion of Shepherd Elementary School, including the construction and equipping of additional classrooms and resource rooms, (vi) the expansion of South Iredell High School, including the construction of additional classrooms, a new gymnasium and locker rooms and a media center, (vii) the expansion of Statesville High School, including the construction and equipping of additional classrooms and resource rooms, a new administration area and a media center, the renovation of existing classrooms, and related site work, (viii) the construction and equipping of the new 750-student Coddle Creek/Rocky River Elementary School and (ix) the conversion of the existing Mooresville Intermediate School to a new middle school, including the construction of additional classroom space, the renovation of existing space and the construction of new athletic facilities, including a baseball field, tennis courts, a football stadium and related bathroom facilities (collectively, the "Project'), pursuant to on Installment Financing Agreement, to be dated as of March 1, 2008 or such other date as the parties thereto shall mutually agree upon (the "Installment Financing Agreement'), between Iredell County Public Facilities Corporation, a North Carolina non-profit corporation (the "Corporation") and the County. It is expected that the Corporation 12 will execute and deliver Certificates of Participation, evidencing proportionate and undivided interests in the installment payments to be made by the County under the Installment Financing Agreement, in an aggregate principal amount not exceeding $115, 000, 000 for the purpose offinancing the Project. NOTICE IS HEREBY FURTHER GIVEN that the Board of Commissioners will hold a public hearing in the Commissioners' Meeting Room at the Iredell County Government Center, 200 South Center Street, Statesville, North Carolina, on December 18, 2007, at 7:00 P.M, or an adjournment thereof, at which time any person may be heard regarding the proposed Installment Financing Agreement. COUNTY OF IREDELL, NORTH CAROLINA By: Jean C. Moore Clerk to the Board of Commissioners Section 3. This resolution shall take effect immediately upon its passage. Upon motion of Commissioner Steve Johnson the foregoing resolution entitled: "RESOLUTION CALLING A PUBLIC HEARING CONCERNING THE FINANCING OF CERTAIN SCHOOL FACILITIES PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT" was passed by the following vote: Ayes: 5 (Commissioners Norman, Tice, Johnson, Robertson and Williams.) Nays: 0 Annual Election of the Chairman and Vice Chairman: County Manager Joel Mashburn presided while the election of the chairman occurred. Commissioner Williams nominated Commissioner Marvin Norman for the chair's position. MOTION by Commissioner Tice to close the nominations and to appoint Norman by acclamation. VOTING: Ayes — 5; Nays — 0. Commissioner Johnson nominated Commissioner Sara Haire Tice for the Vice Chairman's position. MOTION by Commissioner Robertson to close the nominations and to appoint Tice by acclamation. items. VOTING: Ayes — 5; Nays — 0. ----------------------------------------CONSENT AGENDA ---------------------------------------- MOTION by Commissioner Johnson to approve the following ten (10) consent agenda VOTING: Ayes — 5; Nays — 0. (All items were explained during the briefing session. 13 1. Request for the Annual Approval of the Public Officials' Bonds: Deputy County Manager Blumenstein said the General Statutes required annual board approval of the public officials' bonds. She said bonds for the following officials had been transacted and were available for public inspection. Finance Officer $100,000 Tax Collector 50,000 2 Deputy Tax Collectors 50,000 Register of Deeds 10,000 Sheriff 10,000 2. Request for Approval of an Interlocal Agreement between Iredell County and the Statesville Housing Authority & to Pass a Resolution Giving Signatory Authority to Joel Mashburn and Susan Blumenstein: Deputy County Manager Susan Blumenstein said a $400,000 CDBG Scattered Site House Grant had been awarded, and the funding would continue projects started with the 2003 CDBG grant. She said agreements were necessary for the housing authority to administer the funds, and that $40,000 would be used for this administrative service. RESOLUTIONAUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN IREDELL COUNTYAND THE STATESVILLE HOUSING AUTHORITY FOR THE ADMINISTRATION OFA COMMUNITY DEVELOPMENT BLOCK GRANT SCATTERED SITE HOUSING GRANT Whereas, General Statute 160A-461 authorizes local governments to enter into intergovernmental agreements when such agreements provide efficiencies andpromote governmental cooperation; and Whereas, Iredell County, is the recipient ofa $400,000 CDBG Scattered Site Housing Grant; and Whereas, the Statesville Housing Authority is a governmental unit established by the City of Statesville and its members are appointed by the Mayor; and Whereas, the Statesville Housing Authority, has been deemed to be the most efficient provider of public housing for the citizens of Statesville and Iredell Countv; Nov,,, therefore, be it resolved by the Iredell County Board of Commissioners that the Statesville Housing Authority shall be granted the authority to carry out the administration of the CDBG Scattered Site Housing Grant under the following conditions: 1. The Statesville Housing Authority shall advertise in the name of the County any public hearings that must be held under the program regulations and shall hold such hearings before the Iredell County Board of Commissioners in accordance with program guidelines. 2. The Statesville Housing Authority will act as the Counlv's agent in representing the County with the NC Division of Community Assistance and other housing agencies as required in the administration of the CDBG Scattered Site Housing Grant, 3. The Statesville Housing Authority, will cooperate with the Iredell County Finance Department in making timely, reports to the controlling entities. 4. The Statesville Housing Authority agrees to administer the CDBG Scattered Site Housing Grant in accordance with the program regulations for $40,000.00, the amount included in the grant,for this purpose. 5. Should program income from any source be inappropriately obligated by the Statesville Housing Authority on behalf ojthe County, the Statesville Housing Authority shall bear sole responsibility for any repayment or penalties that may arise from the action. 6. Statesville Housing Authority shall be responsihle for any penalties that accrue as a result of untimely or inaccurate reporting. Should this agreement he terminated for any reason, the Statesville Housing Authority shall be responsible for all closeout activities for the grants that they have administered on behalf of the County. Adopted this the 4°i day, of December, 2007 IREDELL COUNTY RESOLUTION FOR THE SIGNATORY FORMAND CHECK SIGNATURES FOR COMMUNITY DEVELOPMENT BLOCK GRANT 14 WHEREAS, in order to receive Community Development Block Grant funds Iredell County must authorize persons to sign the requisition forms for Community Development Block Grant funds and checks for the Iredell County Communitv Development Block Grant Program. BE IT RESOLVED, that Joel R. Mashburn, County Manager, and Susan G. Blumenstein, Deputy County Manager and Director of Finance and Administration be authorized to execute the signature requirements for requisition of Community Development Block Grant funds and checks.1br disbursement. BE IT FURTHER RESOLVED, the authorization is to be effective on December 4, 2007. 3. Denial of a Request from the Iredell Property Group for the Refund of a Conveyance Tax in the Amount of $542: This request was initially discussed on November 6, 2007. Deputy County Manager Susan Blumenstein discussed the request with state officials and discovered there was no statutory authority allowing the county to make the refund. (See briefing minutes for additional information.) 4. Request from the North Carolina Department of Transportation for Approval of a Road Abandonment Petition for State Road 2957 or T Lane as Petitioned by the Property Owners (Lowes Home Centers, Inc.): Planning & Development Director Ron Smith said the staff had reviewed this request, and everything was in order for approval. 5. Request for a Clarification on the Policy Pertaining to the Transfer of Funds to Purchase Fire Equipment Necessary to Improve Inspection Ratings: Commissioner Williams said the Harmony VFD had not been inspected by the State Insurance Department in 20 years. He said that at the last Fire Tax Board meeting, a motion was made and approved to transfer $26,500 from Future Capital Projects to the Harmony VFD to purchase equipment needed to improve the ISO rating. County Manager Mashburn said the action was occurring with the assumption that the board of commissioners would approve the one cent performance based tax to assist VFDs to improve their insurance ratings in FY 08-09. He said that if the one cent wasn't approved, the $26,500 would be deducted from Harmony's FY 08-09 budget. Williams said the Harmony VFD officials had this understanding. 6. Request for a Decision Regarding the Acceptance of Glass from Retailers Holding Alcoholic Beverage Control Permits in Conjunction with the Solid Waste Department's Recycling Program: The county will refuse to accept the glass due to there not being a recycling market. Solid Waste Director David Lambert and Recycling Coordinator Diane Lewis said restaurants and bars could contract with private haulers to take the glass to markets. In a memo from the county manager, it was mentioned that these facilities were solely responsible for setting up a collection, hauling and recycling system in accordance with state guidelines for all Alcoholic Beverage Container permit holders. The memo also indicated the county actually lost money when trying to recycle clear and brown glass, plus there wasn't a market for blue or green bottles. (It costs $16.25/ton to recycle the glass, and it sells for $10/ton.) 7. Request for the Declaration of Surplus Items & Authorization for the County Purchasing Agent to dispose of Items by Auction on GovDeals or to Remove any Items that may have a Future Usefulness: Purchasing Agent Dean Lail said the solid waste office had identified several pieces of heavy equipment, some vehicles, and personal property that was surplus to the department's needs. Lail said, historically, heavy equipment had not produced much revenue at local auctions, and it was recommended for the items to be listed on the GovDeals website. He said a public notice would be published locally for any county residents interested in purchasing the items. Resolution Authorizing the Sale of Certain Surplus Personal Property by Auction at GovDeals Surplus Auction Website WHEREAS, the County oflredell has possession of an inventory of heavy equipment, vehicles and certain personal property, items that are surplus to its needs and desires to dispose q same. 15 NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of'Iredell County that Dean A. Lail, Purchasing Agent, pursuant to the provisions of NCGS 160A-266, is hereby authorized to dispose of the listed personal property at public auction on GovDeals Surplus Auction site for cash or good check, and that said Purchasing Agent is hereby authorized to schedule, conduct and execute any actions required to convey title to this property. 8. Request for Approval of an Image License and Linking Agreement with The NTI GROUP, INC., in Association with the Connect-CTY Service: Assistant County Manager Tracy Jackson said this agreement would allow the usage of the Connect CTY logos or images on the county's website. He said there would be no fees connected to the arrangement. 9. Request for Approval of the November 20, 2007 10. Call for a Public Hearing on December 18, 2007 at 7:00 PM Regarding an Economic Development Incentive for NGK Ceramics: Economic Developer Melanie O'Connell Underwood previously telephoned and advised that NGK Ceramics was planning an expansion totaling $42,637,000.00. She said this would make the company eligible for a $910,726 incentive over a six-year period. Additionally, Underwood said the company was seeking $100,000 to assist with rail improvements. OF CONSENT AGENDA ----------------------------------- ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Local Emergency Planning Committee (LEPC) (36 announcements) APPOINTMENTS TO BOARDS & COMMISSIONS Statesville Planning Board (ETJ) (1 appointment): OTION by Commissioner Johnson to postpone this appointment until the December 18 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Community Advisory Committee (2 appointments): Commissioner Robertson nominated Pat Smith. MOTION by Chairman Norman to appoint Smith by acclamation and to postpone the remaining appointment until the December 18 meeting. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee (4 appointments): MOTION by Commissioner Tice to postpone the four appointments until the December 18 meeting. VOTING: Ayes — 5; Nays — 0. Board of Health (5 appointments): by Commissioner Robertson to postpone the five appointments until the December 18 meeting. VOTING: Ayes — 5; Nays — 0. Home and Community Care Block Grant Committee (5 appointments): Commissioner Johnson nominated Barbara Barrier and Dot Blackwelder. MOTION by Chairman Norman to appoint Barrier and Blackwelder by acclamation and to postpone the remaining three appointments until the December 18 meeting. VOTING: Ayes — 5; Nays — 0. Criminal Justice Partnership Program Committee (7 appointments) Commissioner Williams nominated Lynn Gullett (judicial appointee), Sarah Kirkman (district attorney office 16 appointee) John Crone (Chief of Police), Reggie Weisner (at -large appointee), and Woody Woodard (at -large appointee). MOTION by Chairman Norman to appoint Gullett, Kirkman, Crone, Weisner and Woodard by acclamation and to postpone the remaining two appointments until the December 18 meeting. VOTING: Ayes — 5; Nays — 0. NEW BUSINESS Chairman Norman and Vice Chair Tice thanked everyone for the re-election to their officer positions. Both expressed thanks for the continuing support and confidence that others had placed in them. COUNTY MANAGER'S REPORT: County Manager Mashburn reminded the board members about the mini -retreat on Thursday, December 6, 2007, beginning at 8 a.m., in the Iredell County Library Conference Room. ADJOURNMENT: MOTION by Chairman Norman to adjourn the meeting at 8:15 p.m. NEXT REGULAR MEETING: Tuesday, December 18, 2007 at 5 p.m. and 7 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC.) VOTING: Ayes — 5; Nays — 0. Approval: 17 Clerk to the Board