HomeMy WebLinkAboutMay_1_2007_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
MAY 1, 2007
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
May 1, 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, Soil Erosion
Control Administrator Mark Selquist, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Norman.
INVOCATION by Commissioner Johnson.
PLEDGE OF ALLEGIANCE: Posting the Colors and assisting with the Pledge were
JROTC students Rodney Gramaldi (North Iredell High), Devin Saunders (South Iredell High),
Matt Lucas (South Iredell High), Aaron Lofton (South Iredell High), Tony Lewis (Mooresville
High), Dana Grimley (Mooresville High), Naomi Allen (Civil Air Patrol), Casey Upright (West
Iredell High) Travis Holland (North Iredell High), Dallas Tolliver (West Iredell High), and
instructors: Cmdr. Mike Powden (Mooresville High), Master Sgt. Michael Fisher (South Iredell
High), and Sgt. Major Kenneth Thompson (West Iredell High).
ADJUSTMENTS OF THE AGENDA
OTION by Chairman Norman to approve the following agenda adjustments.
VOTING: Ayes - 5; Nays — 0.
Additions: • Request for a Letter Supporting a Federal Grant Application by Indicating a
Willingness to Expand Transportation Services (ICATS) to the New Hope, Union
Grove, Eagle Mills, Sharpesburg, Olin, and Tumersburg Townships of Iredell County
• Closed Session for Property Acquisition — G.S. 143-318.11 (a)(5)
Deletions: • Presentation and Adoption of a Proclamation of Congratulations and Praise to Major
General James B. Mallory III (This presentation will occur on May 15.)
• Request for Approval of a "Land of Tomorrow" Resolution
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
Presentation and Adoption of a Proclamation in Celebration of Military Tribute
Month: OTION by Commissioner Robertson to approve a Military Tribute Month
proclamation.
VOTING: Ayes — 5; Nays — 0.
The adopted proclamation is as follows:
Military Tribute Month
WHEREAS, since the beginning of our nation's history, brave men and women have
served in the Armed Forces in defense of our country's ideals; and
WHEREAS, the citizens of'Iredell County live in freedom due to the contributions and
sacri/ices made by those who served, or are presently serving, in the Armed Forces of the United
States; and
WHEREAS, in gratitude for the men and women, past and present, who have worn the
uniforms of the Army, Navy, Air Force, Marine Corps, and Coast Guard, the third Saturday in
May has been designated as Armed Forces Day; and
WHEREAS, in profound respect for the men and women who have died in military
service for our country, the last Monday in May has been designated as Memorial Day; and
WHEREAS, our servicemen and servicewomen, past and present, should be
acknowledged, honored, and thanked fbr the many blessings they have brought to this great
country.
NOW, THEREFORE, we, the members of the Iredell County Board of Commissioners
hereby proclaim May of 2007 as Military Tribute Month and call upon all citizens to recognize
and thank all veterans and active duty military servicemen and servicewomen, reservists, and
members of the National Guard, for their courage, patriotism, and for their selfless commitment
to our nation and people.
Accepting the proclamation on behalf of all veterans was Mr. James Sharpe, a WWII
combat infantry man, and accepting the proclamation on behalf of active duty service men and
women, as well as those serving in the National Guard and Reserves, was Staff Sgt. Daniel
Skilldon, who recently completed a tour of duty in Iraq.
Other Special Guests Welcomed: Boy Scouts Dino Maglic and Eric Jordan, from
Troop 176, sponsored by Oakdale Baptist Church, also attended the meeting.
PUBLIC HEARINGS
Chairman Norman declared the meeting to be in a public hearing, and Attorney Pope
administered the oaths to all individuals desiring to speak in regards to the conditional use
rezoning cases.
Case No. 0704-4: Todd Abernathy Construction LLC Requests to Amend the Iredell
County Land Use Plan & to Rezone Property from Residential Agricultural to General
Business Conditional Use District (Location: 276 Lipe Road, Troutman, NC: Acting
Planning Director Warren said the applicant had recently requested to withdraw this request until
August.
No one else desired to speak, and Chairman Norman adjourned the hearing.
OTION by Commissioner Johnson to grant Mr. Abernathy's request for withdrawal of
Case No. 0704-4 until August 2007.
VOTING: Ayes — 5; Nays — 0.
Soil Erosion and Sedimentation Control Ordinance Text Amendments: Erosion
Control Administrator Mark Selquist reviewed soil erosion and sedimentation text amendments
that were suggested by the state. He said once the amendments were approved, the ordinance
would fully comply with the Sedimentation Pollution Control Act.
Teresa O'Keefe, with the Lake Norman Homebuilders Association, said her organization
understood the importance of the ordinance and the need for clean water; however, the following
ordinance revisions were suggested:
(a) Appoint a review board for dispute resolution -- not a large group — members who
were engineers and attorneys would be helpful
(b) Place a three-year cap on fees with staff to review at that time.
Selquist said the Board of Adjustment was the entity that would review the disputes.
MOTION by Commissioner Johnson to (1) approve the text amendments as presented,
(2) for the staff to review the pros and cons of the Board of Adjustment versus an independent
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board for the appeal process and (3) for the staff to return to the board of commissioners with the
findings.
VOTING: Ayes — 5; Nays —0.
Note: The soil ordinance was adopted with the following text amendments.
Added language:
Section 202
(f) The land -disturbing activity shall be conducted in accordance with the approved erosion
and sedimentation control plan.
Section 203
(p) Phase Inspections. The landowner, the financially responsible party, or the landowner's
or
.financially responsible party's agent shall perform an inspection of the area covered
by the plan after each phase of the plan has been completed and after establishment of
temporary ground cover in accordance with G.S. 113A-57(2). The person who performs
the inspection shall maintain and make available a record of the inspection at the site of
the land -disturbing activity. The record shall set out any significant deviation from the
approved erosion control plan, identify any measures that may be required to correct the
deviation, and document the completion of those measures. The record shall set out any
significant deviation from the approved erosion control plan, identify any measures that
may be required to correct the deviation, and document the completion of those
measures. The record shall be maintained until permanent ground cover has been
established as required by the approved erosion and sedimentation control plan. The
inspections required by this subsection shall be in addition to inspections required by
G.S. 113A-61.1.
Section 404
(a) Civil Penalties
(The word minimum was added to this sentence.)
(1) The minimum civil penalty that the county shall assess per violation is five hundred
dollars (5500.00) for each acre rounded up to the next whole acre.
Added language
(2) Civil Penalty Assessment Factors. The County shall determine the amount of the civil
penalty based upon the following factors:
(i) the degree and extent of harm caused by the violation
(ii) the cost of recting the damage
(iii) the amount of money the violator saved by noncompliance
(iv) whether the violation was committed willfully, and
(v) the prior record of the violator in complying or failing to comply with this
ordinance
Section 405lnjunctive Relief
(a) last sentence to read as follows:
The action shall be brought in the Iredell County Superior Court e# the eottno, in w ' ;., i ''
violation is occurring or is threatened.
(b) Abatement of Violation.
Sentence to read as follows:
The
County shall issue no building, zoning, or environmental permits to the violator until
such violation is abated.
Case No. 0704-1: Hazel Bass Wike Requests to Rezone Property from Residential
Agricultural to General Business Conditional Use District (Location: 1124 Charlotte Highway,
Troutman, NC): Acting Planning Director Steve Warren reviewed the following staff report for this case.
PLANNING STAFF REPORT
CASE NO. 0704-1
OWNER: Hazel Bass Wike AGENT: Tam Leroy Wingler
1124 Charlotte Highway 178 Happy Lane
Troutman, NC 28166 Statesville, NC 28677
(704) 528-5558 (704) 872-8604
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LOCATION: The property is located at 1124 Charlotte Highway, being in the
southern quadrant of the interchange for 1-77 and Charlotte Highway in
Troutman, NC,- more specifically identified as PIN# 4740-92-1175. Directions:
Take Charlotte Highway south from Troutman: property on right approximately
%z mile south of the existing truck stop.
REQUESTED ACTION: Rezone subject parcel from RA, Residential Agricultural
to GB -CUD, General Business Conditional Use District.
• All utilities must be underground.
• Apply Roadway Protection Overlay (RPO) standards: which include
signs, landscaping, and access restrictions.
• Interconnectivity between adjacent parcels.
PROPOSED USE: Any and all GB uses.
SIZE: 14.0 acres.
EXISTING LAND USE: Single Family Residential.
SURROUNDING LAND USE: Residential uses are adjacent to the northeast,
south, and east, with vacant commercial land to the north and west of the
requested property.
WATERSHED REGULATIONS: The subject parcel is not located within a
watershed area.
TRAFFIC: This section of Charlotte Highway had an average of 11, 000 vehicles
per day in 2005. According to the 1993 Iredell County Thoroughfare Plan, this
section of Charlotte Highway has a carrying capacity (?/'] 0, 500 vehicles per day.
ZONING HISTORY: The subject parcel was zoned RA when countywide zoning
took effect in 1990. Several rezoning cases have been approved at this
interchange in anticipation of commercial development occurring as the Town of
Troutman extends utilities into this area. Parcels adjacent to west and north of
the requested site have been rezoned as General Business Conditional Use, with
the most recent rezoning approved in March of 2007 for GB -CUD to allow for
possible future commercial development.
STAFF COMMENTS: The Exit 42 Small Area Plan identifies this area as
suitable for future interchange commercial development. The applicant has
chosen the GB -CU District classification, which allows for a greater range of
commercial uses and is similar to other nearby commercial properties. Adjacent
parcels to the north and west are zoned commercial and staff recommends in
favor of this request since it is consistent with the Exit 42 Small Area Plan.
PLANNING BOARD ACTION On April 4, 2007 the Planning Board voted 8-0 to
recommend approval for the rezoning request.
No one else desired to speak, and Chairman Norman adjourned the hearing.
MOTTO by Commissioner Tice, after reviewing the findings of fact and
determining them to be in order, to approve the proposed zoning map amendment and to
make a finding that approval was consistent with the adopted Exit 42 Small Area Plan
and that said approval was reasonable and in the public interest due to its consistency
with the Exit 42 Small Area Plan; as a result, said approval furthers the goals and
objectives of the Exit 42 Small Area Plan.
VOTING: Ayes — 5; Nays — 0.
Case No. 0704-2: Bob Rudisill Homes, Inc., A Request to Rezone Property from
Residential Agricultural to Single Family Conditional Use District (R-12/CUD) Location:
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124 Jillian's Lane in Davidson, NC): Acting Planning Director Steve Warren shared the
following staff report for this case:
PLANNING STAFF REPORT
CASE NO. 0704-2
OWNER/APPLICANT: Bob Rudisill Homes, Inc
174 Winding Shore Drive
Troutman, NC 28166
(704) 662-3468
LOCATION: The property is located at 124 Jillians Lane in Davidson, NC; more
specifically identified as PIN# 4644-98-7892. Directions: Take Mecklenburg
Highway south from Mooresville; turn right onto Bridges Farm Road; turn right
onto Jillians Lane and property is at end of road.
REOUESTED ACTION: Rezone subject parcel from RA, Residential Agricultural
to R12 -CUD, Single Family District, Conditional Use District.
4 Limited to single family detached dwelling units.
PROPOSED USE: Single Family detached dwellings.
SIZE: 1.89 acres.
EXISTING LAND USE: Vacant.
SURROUNDING LAND USE: Single family homes and lots surround tract; an
existing single family development to south and west lies within the town limits of
Davidson.
WATERSHED REGULATIONS: The subject parcel is located within the Lake
Norman/Catawba Critical Area watershed.
TRAFFIC: This section of Mecklenburg Highway had an average of 11,000
vehicles per day in 2005. According to the 1993 Iredell County Thoroughfare
Plan, this section of Mecklenburg Highway has a carrying capacity of 10,500
vehicles per day.
ZONING HISTORY: The subject parcel was zoned RA when countywide zoning
took effect in 1990. Parcels located to the south and west are within the town
limits for Davidson and zoned for high density residential use.
STAFF COMMENTS: The applicant has chosen the R-12 Single Family District
classification, which will allow single family residential development with a
minimum lot width of 80 feet. The South Iredell Small Area 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 the parcel is located
adjacent to high density single family development zoned by the Town of
Davidson as LPA -Lakeshore Planning Area.
PLANNING BOARD ACTION: On April 4, 2007 the Planning Board voted 8-0 to
recommend approval for the rezoning request.
Bob Rudisill, President of Bob Rudisill Homes, Inc., offered to answer any questions.
No one else desired to speak, and Chairman Norman adjourned the hearing.
MOTION by Commissioner Tice, after reviewing the findings of fact and determining
them to be in order, to approve the proposed zoning map amendment and to make a finding that
approval was consistent with the adopted South Iredell Small Area Plan and that said approval
was reasonable and in the public interest due to its consistency with the South Iredell Small Area
Plan; as a result, said approval furthers the goals and objectives of the South Iredell Small Area
Plan.
VOTING: Ayes — 5; Nays — 0.
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Case No. 0704-3: Friendship Holding, Inc., A Request to Amend the Iredell County
Land Use Plan & to Rezone a Portion of Property from Residential Agricultural to Heavy
Manufacturing Conditional Use District (M2 -CUD) (Location: 1469 Friendship Road,
Statesville, NC): Acting Planning Director Steve Warren reviewed the following staff report for
this case.
PLANNING STAFF REPORT
CASE NO. 0704-3
OWNERIAPPLICANT: Friendship Holding, Inc.
1477 Friendship Road
Statesville, NC 28625
(704) 682-1474 (phone)
(704) 876-4441 (fax)
LOCATION: The property is located at 1469 Friendship Road, in Statesville,
NC; more specifically identified as PIN# 4821-93-8948. Directions: Take
Wilkesboro Highway north from Statesville; turn right onto Friendship Road,
property is approximately 1 %a mile on right.
REQUESTED ACTION: Rezone a portion of subject parcel from RA, Residential
Agricultural to M2 -CUD, Heavy Manufacturing Conditional Use District and
amend the Iredell County Land Use Plan.
• Uses limited to Sawmill & Lumber and Wood Products.
• Operation hours limited to 7am-6pm
+ Weekly removal of sawdust and chips
A Operation conducted within existing metal building
PROPOSED USE: Sawmill operation.
SIZE: 5.3 acre portion of a 6.33 acre tract.
EXISTING LAND USE: Sawmill operation.
SURROUNDING LAND USE: Residential uses are scattered along Friendship
Road to north and west of'site, vacant land adjoins property along east and south.
WATERSHED REGULATIONS: The subject parcel is not located within a
watershed area.
TRAFFIC: This section of Friendship Road had an average of 820 vehicles per
day in 2004; the 1993 Iredell County Thoroughfare Plan identifies the carrying
capacity of Friendship Road as 8, 000 vehicles per day.
ZONING HISTORY.- The subject parcel was zoned Residential Agricultural when
countywide zoning took effect in 1990. The surrounding area is largely rural
farmland with scattered housing along the existing roadways. The nearest
commercial zoning areas are located approximately V14 miles from either the
intersection of Wilkesboro Highway or North Chipley Ford Road.
STAFF COMMENTS: The Iredell County Land Use Plan identifies this area as
suitable for future residential development. The size of the property considered
for rezoning may raise the issue of spot zoning and staff is recommending against
this request since it is inconsistent with Iredell County Land Use Plan and the
associated noise, dust, and traffic resulting from a manufacturing operation can
negatively impact the adjacent residences.
PLANNING BOARD ACTION: On April 4, 2007 the Planning Board voted 8-0 to
recommend denial for both the Land Use Plan amendment and the rezoning
request.
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Karen Shultz (proponent) owner/applicant advised of owning/residing in the area since
1988. She said prior to September 2001, the site operated as a racing shop. Shultz said the
sawmill generated about one truckload of lumber a day, and closing the facility would adversely
impact the 20 employees.
Kathy Sparks (proponent) operator of the sawmill company, said sawmilling was similar
to farming in that family members, generation after generation, became sawmillers. She said the
business was needed in north Iredell and had operated for the past three years without
complaints.
Pattie Ralston (opponent) said the business should be in a manufacturing district. She
expressed concerns about the rezoning, especially since the Voluntary Farmland Preservation
Program was adopted by the county.
Jettie Pharr (opponent) expressed concerns about piles of wastewood on the backside of
the property that adjoined her land. Ms. Pharr also said landscape drainage was eroding and
damaging her property.
Robin Shook (opponent) also expressed concerns about the poor landscaping and the
drainage problems. He said safety was a factor due to the large trucks that backed out of the
business.
Kent Jordan (proponent) said dairy tankers maneuvered daily from farm -to -farm in the
area, and approximately 80 people would be impacted if the sawmill were closed.
Andy Barker (proponent) said the business was convenient for the community to obtain
mulch and sawdust. Barker said the business could provide the "little jobs" that larger
companies couldn't.
Joanna Barker (opponent) expressed disappointment in the esthetics (long -bed trailers at
the site, ruts in the fields). She mentioned safety concerns for the students residing or traveling
along the road. Barker also said, "Ignorance of the law is no excuse."
A.K. Loyd (opponent) reminded everyone that zoning remained with the property. He
asked who would "police" the zoning if it changed to heavy manufacturing. Loyd said other
than college and military service, he was a life-long resident of the area, and a "Pandora's Box
would be opened if the request were approved.
Bedford Cannon (attorney representing the applicant) said the business would be an
agricultural support business, and small farms in the area would utilize the sawmill operation.
Cannon said the chipper would be in an enclosed area to reduce the noise. He said 20 employees
would be out of work if the business closed, and the sawmill operation was an adjunct to the
lumber industry. He said the entryway couldn't be screened, but screening could be provided for
the landowners to the east and west. Cannon said the southern end was already screened by a
forest. He said there was (1) no room for expansion (2) noise would be minimal (3) the
operation would fill the void created by the closing of G&M Lumber, and (4) there would be
minimal truck traffic. He said the business was equivalent to a dairy business, but it was an
adjunct to the lumber industry.
Commissioner Johnson asked how the attorney would rebut spot zoning statements.
Cannon said it would be a zoning reclassification with conditions to enhance, and that
were not inconsistent with the zoning already in place -- agricultural. He said heavy industry
would never be at the site -- the business was an adjunct.
Gloria Byers (opponent) said there was another sawmill in the community. She said the
business was noisy, and much of the wildlife was now gone. Byers asked how this would impact
the property values for the neighboring properties. She said the operation sometimes started at
six in the morning and ended around eight at night.
Steve Warren said that as Mr. Loyd had mentioned, certain caveats or factors "ran with
the property." He said that if in the future RBN went out of business, the successor would have
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to abide by the conditions as well as the main condition which was that the business was limited
to a sawmill. He said there were numerous uses in an M-2 district, but the condition specifically
limited it to a sawmill. Warren said the only way another type of industry could be placed at the
site, lawfully, was to request a change of conditions through the board of commissioners. Mr.
Warren said the use of the property for a sawmill was not allowed under the current
classification, and this was regardless of whether the actual sawmill machine was inside or
outside a building.
Commissioner Robertson asked if any other zoning classification could be used.
Warren said M-2 was the only one.
Robertson asked about the building's location.
Warren said the building was on the 5.3 acre tract listed in the rezoning request, and it
was actually part of a 6.33 acre tract. He said the building could be used for a farm -type
enterprise in the RA district.
Commissioner Robertson asked how the department would regulate the conditions.
Warren said citizens could call the planning department if violations occurred. He said
there was a zoning code enforcement employee who would investigate possible violations.
Warren said in this particular case, the tenant and property owner would be contacted. After
this, Warren said a series of steps were taken and a time period was given for compliance. He
said if compliance didn't occur, the county attorney was notified.
Attorney Pope said the person could be found in violation, and a restraining order could
be issued. He said evidence would have to be shown on whether the violation was an isolated
instance or there was a pattern of violations. Pope said the magnitude of the situation would
impact the restraining order decision.
Robertson asked what happened if violations repeatedly happened.
Warren said financial penalties would occur as well as the possible business closure.
Robertson asked who had the burden of proof -- the county or the adjacent property
owners.
Warren said if a violation occurred it would be the county's responsibility to obtain the
services of Attorney Pope, as well as anyone else, to follow through to ensure the business owner
was in compliance.
Robertson asked about the hours of operation.
Kathy Sparks, with RBN Grading & Lumber, said that once approved for the M-2
zoning, the business would abide by the hours of operation stipulated in the conditions (7 am - 6
pm).
Robertson asked about the chipper noise.
Cannon said a piece of equipment would be used to grind the lumber parts that were
unusable lumbering materials.
Sparks said a truck would be backed into the rear of the building, and a machine would
blow the chips into a larger truck.
Robertson asked about the buffering
Shultz said a $9,800 buffer (trees) was purchased prior to the rezoning application, and
she said "I'm willing to do what has to be done to make it look good."
No one else desired to speak, and Chairman Norman adjourned the hearing.
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MOTION by Commissioner Johnson, after reviewing the findings of fact and
determining them to be in order, to amend the Iredell County Land Use Plan.
VOTING: Ayes — 5; Nays — 0.
MOTION by Commissioner Johnson 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.
Commissioner Robertson asked if the owner/applicant would add visual and acoustic in
(d) of page 3 in the rezoning application. (The clause would then say, "additional, economically
reasonable, visual and acoustic buffering.
Attorney Cannon said the applicant/owner was agreeable to this stipulation.
VOTING: Ayes — 5; Nays — 0.
EWD Inc., Requests the Release of Zoning/Subdivision Jurisdiction to the Town of
Mooresville for 1.43 Acres (Location: Exit 36 Grill and Billiards Restaurant, 167 Pinnacle Lane,
Mooresville, NC): Acting Planning Director Steve Warren reviewed the following staff report for this
public hearing.
OWNER: EWD Inc.
2192 Metcalf Drive
Sherrills Ford, NC 28673
LOCATION: 167 Pinnacle Lane in Mooresville, NC, more specifically PIN# 4628-41-0974.
Directions: Hwy 150 west, turn right on Pinnacle Lane, at the end on the left.
REQUESTED ACTION AND CONDITIONS: Release Zoning and Subdivision Jurisdiction to the
Town of Mooresville.
PROPOSED USE: The existing restaurant, Exit 36 Grill and Billiards, is experiencing difficulty with
a well and would like to obtain water from the Town of Mooresville to keep their business in
operation.
SIZE: The proposed area to be released is 1.43 acres.
EXISTING ZONING: The property is currently zoned General Business.
EXISTING LAND USE: Commercial (restaurant).
SURROUNDING LAND USE: Residential and commercial development.
WATERSHED REGULATIONS: This property is located in the WSIV-CA Watershed.
TRAFFIC: The most recent traffic count (in 2005) indicated 37,000 vehicles per day along Highway
150 west of Mooresville.
ZONING HISTORY: This property is currently zoned General Business. It was part of a 9.9 acre
tract- rezoned by Crescent Land and Timber from Resort Residential and Single -Family Residential
on June 7, 1988.
STAFF COMMENTS: This request meets the criteria for a release of zoning and subdivision jurisdiction.
The River Highway Corridor Plan designates the area for commercial uses. The property is already being
used as a restaurant. The owner is currently having trouble with his well and needs an alternate source of
water. The Town of Mooresville approved the extension of water service only to the property on March 6,
2007. The Town of Mooresville has installed water lines along highway 150. The owner will be
financially responsible for the lines to his property from Highway 150. The property will be considered
for annexation in June of 2007. The zoning to be assigned by the Town is Conditional Use General
Business, which is comparable to the county's GB designation.
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Commissioner Williams asked if water had already been extended to the roadway.
Warren said the applicant would be responsible for extending a waterline from Hwy. 150,
and the Town of Mooresville would consider an annexation petition in June of this year.
Bernie May, a homeowner across the street, said the business appeared to be growing and
there wasn't opposition to this, but he asked about the sewage disposal. He said with growth,
there would be more water. May said there was an open vat, approximately 20 x 15, on the
property that processed sewage.
May.
Warren said he would follow up on the sewage question and share the findings with Mr.
Chairman Norman adjourned the hearing.
OTIO by Commissioner Tice to approve the Release of Zoning/Subdivision
Jurisdiction to the Town of Mooresville for the 1.43 acres as requested by EWD, Inc., due to
annexation occurring in June.
VOTING: Ayes — 5; Nays — 0.
ENT
MOTION by Commissioner Johnson to approve the following 17 consent agenda items.
VOTING: Ayes — 5; Nays — 0.
(All items were explained at the pre -agenda meeting.)
1. Request from the Iredell-Statesville Schools for Approval of a Capital Outlay
Budget Amendment: Iredell-Statesville Schools Finance Officer Kay Fulp requested approval
of a budget amendment totaling 1,211,105. She said the amendment included the 06-07
settlement from the county, plus line item transfers.
2. Request from the Recreation Department for Approval of an Annual Lease
Agreement with Doug Bess for the North Iredell Park: Recreation Director Robert Woody
requested approval of a lease allowing Doug Bess to utilize acreage at the North Iredell Park for
agricultural purposes. (The lease will terminate on December 31, 2007, and Mr. Bess will pay
$25 per tillable acre with the funds payable to the North Iredell Park sub -account of the Iredell
County Parks' Special Revenue Fund.)
3. Request from the Recreation Department for Approval of an Annual Camp Iredell
School Bus Lease: Recreation Director Woody said this was a lease renewal, and the only
changes from last year were the calendar dates.
4. Request from Facility Services for Approval of a Three -Year Service/Maintenance
Contract for a DSS Elevator: County Manager Joel Mashburn said the Thyssenkrupp Elevator
Service had agreed to a three -year -service agreement at $150 a month for the social services
building elevator.
5. Request from the Stony Point VFD for Approval of Budget Amendment #34 for the
Appropriation of $5,500 from Fund Balance for the East Alexander Fire District: This
amendment was approved as requested. (See briefing minutes for additional information).
6. Request from the Sheriffs Department for Approval of Budget Amendment #35 for
the Appropriation of Federal Equity Sharing Funds ($49,000) for the Purchase of a
Forensic Comparison Microscope: Darren Campbell, with the sheriffs department, said this
microscope would be purchased with seized funds and used in the crime lab.
7. Request from the Health Department to Add a Zostavax Fee of $155 to the Fee
Schedule: Health Director Donna Campbell said Zostavax was a vaccine that provided
protection against shingles for adults over the age of 60. (This will be CPT Code 90736.)
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8. Request from the Health Department for Approval of a Hydroxyprogesterone
Caproate Fee of $14: Health Director Donna Campbell said this medication was given
weekly to pregnant women with a history of pre -term labor to prevent premature births. (This
will be CPT Code J1741.)
9. Request from the Health Department for Approval of a Gardasil Fee of $122:
Health Director Donna Campbell said this vaccine was recommended for females 9 to 26 years
of age for the prevention of Human Papillomavirus infection that could lead to cervical cancer.
(This will be CPT Code 90649. The vaccine will be demand -based ordered and will be State
supplied to only Medicaid eligible, uninsured, American Indian or Alaskan natives. All others
will be private pay.)
10. Request from the Health Department for Approval of Budget Amendment #36 for
Additional Title X Funding: Health Director Donna Campbell said additional Title X funding
of $3,375 was available, and it would be used to purchase birth control supplies.
11. Request from the Health Department for Approval to Revise the Dental Clinic Fee
Schedule: Health Director Donna Campbell said about three percent of the dental clinic patients
were at the federal poverty level, and no fees were collected. She requested to stop the sliding
scale at 20% so that everyone would be assessed a fee in order for the clinic to be self-
supporting. (Patients who were previously at 0% pay will now be at 20% pay.)
12. Request from the Health Department for Approval of an Update to the Solicitation
Policy of 1999: Health Director Donna Campbell said this request would (1) create a more
comprehensive policy that provided better control measures and auditing tools (2) provide
software technology to solicit and receive monetary as well as product donations and (3)
increase the health director's approval threshold levels as follows:
• Approval by the board of health/board of commissioners if the monetary donation is
over $5,000
• Approval by the board of health/board of commissioners if the product (individual) has
a fair market value greater than, or equal to, $5,000
13. Request from the NC Department of Health & Human Services for a Month -to -
Month -Lease Agreement Extending from October — December 31, 2007 (Current lease for
216 Sq. Ft. of Space at the Iredell County Government Center -South expires on
September 30, 2007.) County Manager Mashburn said the State Division of Public Health
previously leased space in the Government Center -South, but notification was received that after
December, the agency would no longer need the space. Mashburn said the current lease expired
at the end of September, and the state had requested a month-to-month agreement terminating at
the end of December 2007.
14. Request from the Elections Department for Approval to Apply for a Help America
Vote Act "Electronic Records Access at the Polling Place" Grant: Elections Supervisor
Becky Galliher said this grant would help to purchase electronic poll books, and these would
provide an automated "check in" for voters. Galliher said the benefits from the electronic
method would be better security and better accuracy (voter's ballot style would be printed on the
authorization to vote form); plus the system would be time -saving for the voters. She said the
grant amount available was $87,000.
15. Request for the Scheduling of FY 2007-08 Budget Work Sessions: The board chose
budget deliberation dates of Monday, May 21, Thursday, May 24, and Tuesday, May 29, at 5:30
p.m. (South Wing Conference Room/ICGC).
16. Request for Approval of the April 17, 2007 Minutes
17. Request for a Letter Supporting a Federal Grant Application by Indicating a
Willingness to Expand Transportation Services to the New Hope, Union Grove,
Eagle Mills, Sharpesburg, Olin and Turnersburg Townships of Iredell County: Deputy
County Manager Susan Blumenstein said the federal government had identified 200 counties
nationwide that were eligible to submit applications for a $600,000 annual grant for Community
Health Centers. She said 120 counties would be awarded the grant, and if pursued by Iredell
County and then awarded by the federal government, an area north of the Yadkin River would be
the targeted population. She said, however, a site on Shelton Avenue, in south Statesville, had
been identified as a potential location. Blumenstein said the State Community and Public Health
Leadership organization had asked the Gaston Family Health Services, an existing non-profit
entity in Gaston County, NC, to consider opening an Iredell center. She said the Gaston facility
was requesting a letter from the county advising that ICATS would expand its transportation
routes to include areas in north Iredell. Blumenstein said Iredell Memorial currently contributed
$300,000 to the Open Door Clinic, but this money would be diverted to the new Iredell County
facility, if created and operated by the Gaston Family Health agency. Additionally, she said
Davis Regional Hospital would assist with funding.
END OF CONSENT AGENDA
Request from the Health Department for Approval of Fee Revisions for the
Environmental Health Program & Removal of the Repair Fee: Health Director Donna
Campbell said environmental fee revisions were requested effective June 1, 2007, and there was
also a request, effective immediately, to remove septic repair fees. She said the health
department had been instructed to cover the ongoing budgeted costs of the onsite wastewater
program through fee revenues. Campbell said, additionally, the staff had noted there had been a
fifty percent decrease in repair permits and it was felt the public was either not repairing their
septic systems repaired, or they were illegally fixing them. She said in the interest of public
health, the repair fee needed to be eliminated.
Commissioner Johnson asked how much revenue would be lost with the abolishment of
the repair fees.
Campbell said approximately $10,000.
Johnson said the health department had estimated the budgeted costs at $950,000 and the
actual operational cost was estimated at $750,000 due to lapsed salaries. He continued by saying
the service was supposed to be self-funded in order for the taxpayers to not subsidize a
homebuilders' purchase of a septic permit. Mr. Johnson said it wasn't fair for the operational
costs to be less than the budgeted costs. He expressed concerns about any excess revenue going
towards other service areas. Mr. Johnson said the numbers needed to be closer -- somewhere in
the middle -- and the numbers probably needed to be reviewed each year for inflation.
Campbell said that in budgeting, the department was expected to cover the costs or to
cover the budgeted expense. She said if it wasn't budgeted with revenue, then county dollars
would have to be set aside to cover the expenses.
Johnson said in the free market that when goods didn't sell, the costs were decreased. He
said it was difficult to understand that with septic permits requests being down, there was a price
increase. Johnson said in the free market the cost would be lowered to encourage the purchase.
Campbell said the staff had to be maintained and the well program would be
implemented in the next year. She said county management had instructed the department to
cover its own cost, and to do this, revenues were used. Campbell said if insufficient fee revenues
occurred, then county dollars would need to be guaranteed.
Commissioner Robertson asked what happened if more money was collected than was
actually spent in the environmental program. He asked, for example, if additional money could
be used for children's vitamins.
Deputy County Manager Blumenstein said the only way this might occur was through a
budget amendment to transfer the funds from environmental to clinical. Blumenstein said at the
end of the year, funds lapsed and rolled into the general fund. She said the board could maintain
the existing price and increase the estimated work requests to balance out.
Robertson asked Environmental Health Supervisor Kelly Sheeks to address the new staff
that would be added for the well program.
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Sheeks said none of the fee revenue would cover the costs for the well program
employees.
Chairman Norman asked Blumenstein how the program would be funded if the
department came up short in revenues.
Blumenstein said that if revenues didn't meet expectations, there was still a cost, and this
would be paid with general funds. She said a balanced budget had to be adopted.
Johnson said the department could still get closer than the $200,000.
MOTTO by Commissioner Johnson for the request to be examined again by the board
of health with a directive that a figure between $750,000 to $850,000 be derived as the budgeted
number. (Commissioner Johnson said a pledge would be given that if septic permits increased
then the fees could be raised.)
VOTING: Ayes — 4; Nays — I (Robertson)
Campbell clarified that she was to return to the board with fees based on revenues
between $750,000 to $850,000 and the amount didn't have to balance with expenditures.
Commissioner Johnson said there needed to be a surplus over the anticipated actual
expenditures.
County Manager Mashburn said general county funds would have to be shown or there
would have to be a reduction in appropriations. He said appropriations could be reduced to the
amount that the revised fee schedule would generate and then return to the board for additional
funds.
Commissioner Johnson said the department could come closer than $200,000. He said
there was nothing fair about taking someone's money and then giving it to someone else.
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS &
COMMISSIONS
Adult Care Home Community Advisory Committee (1 announcement)
Industrial Facilities & Pollution Control Financing Authority (3 announcements)
APPOINTMENTS TO BOARDS & COMMISSIONS
Adult Care Home Community
Advisory
Committee (4
appointments): MOTION
by Commissioner Tice to appoint Sue
Hudgins
Ligon and to
postpone the remaining three
appointments.
VOTING: Ayes — 5; Nays — 0.
Nursing Home Advisory Committee (3 appointments): MOTION by Commissioner
Tice to postpone the three appointments until the May 15 meeting.
VOTING: Ayes — 5; Nays — 0.
Mitchell Community College (1 appointment): OTION by Commissioner Tice to
appoint Dr. Jackie Grigg.
VOTING: Ayes — 5; Nays — 0.
Centralina Workforce Development Board (3 appointments) MOTION by
Commissioner Tice to appoint Jan Comer, along with Jean Manall, and to postpone the remaining
appointment until the May 15 appointment.
VOTING: Ayes — 5; Nays — 0.
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CLOSED SESSION: OTIO by Chairman Norman at 9:25 p.m., to enter into closed
session pursuant to G.S. 143-318.11(a) (6) - Personnel and G.S. 143-318.11 (a) 5 — Property
Acquisition.
VOTING: Ayes — 5; Nays — 0.
(RETURN TO OPEN SESSION AT 9:50 P.M.)
ADJOURNMENT: MOTION by Chairman Norman to adjourn the meeting at 9:50 P.M.
(NEXT MEETING: Tuesday, May 15, 2007 at 5 & 7 P.M. in the Iredell County Government
Center, 200 South Center Street, Statesville, NC).
VOTING: Ayes — 5; Nays — 0.
Approved:
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Clerk to the Board