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HomeMy WebLinkAboutApril 1 2008 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES APRIL 1, 2008 The Iredell County Board of Commissioners met in Regular Session on Tuesday, April 1, 2008, 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 Absent: Commissioner Godfrey Williams was unable to attend due to illness. Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy County Manager Susan Blumenstein, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Norman. INVOCATION by Commissioner Johnson. PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: MOTIO by Commissioner Johnson to adjust the agenda by the following: Addition: Request from the Mt. Mourne VFD for the Release of $55,000 from the Department's Fund Balance to Apply towards the Purchase of a 1990 Mac Aerial Scope Ladder Truck VOTING: Ayes — 4; Nays — 0. APPOINTMENTS BEFORE THE BOARD Presentation from the County Government Committee & Request for Adoption of a National County Government Week Proclamation for April 6-12, 2008: Ben Garrison, on behalf of the other County Government Committee members (Ron Smith, Tanya Landis, & Katherine Land) said throughout the week of April 6-12, there would be daily activities to advise the community about ways to keep children healthy and safe. Following Garrison's remarks, Chairman Norman read the following proclamation. National County Government Week April 6-12,2008 Theme: Protecting Our Children Whereas, counties play an important role in serving and protecting children and their families; and Whereas, Iredell County takes seriously its responsibility to protect and enhance the health, welfare, and safety of its residents in sensible and cost-effective ways; and Whereas, many Iredell County services directly touch the lives of children and their families; and Whereas, it is Iredell County's goal to raise public awareness and understanding about the roles and responsibilities of the county in meeting the needs of the community; and Whereas, Iredell County government wishes to provide educational opportunities that specifically deal with child health issues through a community health fair; and Whereas, Iredell County wishes to provide information to its citizens relating to child safety issues within the community; and Whereas, the Iredell County Board of Commissioners recognizes the value and importance of children and wishes to promote individual responsibility for their protection. Now, Therefore, Be It Resolved, that the Iredell County Board of Commissioners hereby proclaims April 6-12, 2008 as National County Government Week in Iredell County. MOTION by Commissioner Tice to adopt the proclamation as presented. VOTING: Ayes — 4; Nays — 0. Presentation from the Health Director & Request for the Adoption of a Proclamation Declaring April as Public Health Month for 2008: Health Director Donna Campbell said April was the month designated for the purpose of increasing the public's awareness about the many health functions and programs that were available to improve lives. Following Mrs. Campbell's remarks, Commissioner Tice read the following proclamation. Public Health Month April 2008 WHEREAS, Iredell County Commissioners recognize and acknowledge 128 years of public health service to the residents of Iredell County, North Carolina, and the immeasurable contribution of these services to the quality of life for the citizens in the county and state; and WHEREAS, public health measures to control and eliminate infectious diseases, improve environmental sanitation, and promote healthy lifestyle practices have been the greatest cause of improved health status and increased life expectancy for Iredell County residents; and WHEREAS, in Iredell County a continued focus on prevention has resulted in a 19 percent decline in the rate of heart disease deaths since 2000, a 29 percent decline in the rate of stroke deaths since 2000, and a 38 percent decline in the rate of teen pregnancy among minorities since 2000; and WHEREAS, North Carolina's public health system is a critical component of the state's emergency response capacity, particularly with respect to the threat of terrorist -sponsored attacks on North Carolina. NOW, THEREFORE, the Iredell County Board of Commissioners hereby proclaims April 2008, as "PUBLIC HEALTH MONTH" in Iredell County and urges all citizens to recognize that public health is working to ensure that all residents of Iredell County are protected from threats such as influenza, food -borne disease and cardiovascular disease. MOTION by Commissioner Robertson to approve the proclamation and to acknowledge the health department's well managed and professional staff. VOTING: Ayes — 4; Nays — 0. Presentation from Mr. Jimmy Gray, Chairman of the Iredell County Soil & Water Conservation District Board Regarding (1) the Beaver Management Assistance Program and (2) an Invitation from the Alexander County Soil & Water Conservation Board to Participate in a Groundwater Study: Attending the meeting with Mr. Gray to present the Soil & Water information was Jim Summers (conservationist). Gray provided the following information pertaining to the current year's activities in the BMA Program: # of Trapping Sites: 16 # of Man Hours: 232 # of Beavers Removed: 69 Est. Monetary Beaver Damage: $21,000 Est. Monetary Damage Avoided: $32,000 County Manager Mashburn said the state wildlife office needed to know if the county desired to participate in the program during the upcoming year at a cost of $4,000. MOTION by Commissioner Johnson to approve the county's participation in the Beaver Management Assistance Program for the cycle extending from October 1, 2007 through September 30, 2008. VOTING: Ayes — 4; Nays — 0. 2 Announcement of a Groundwater Study: approached by Alexander County and the US participating in a groundwater study. Mr. Gray said the Soil & Water Office had been Geological Survey (USGS) Department about Summers said a survey would be conducted by physically inspecting wells, and plotting the water depth along with determining the number of people using the sites. He said it was hoped the information would reveal where the best water yields were located. Summers said the Rural Center might assist with the funding, and the USGS would fund 60% of the costs. Mr. Summers said, "We think we can find the funding within our own means." Commissioner Johnson mentioned that a few months ago, the county manager had mentioned a survey. He asked if this was the same project. County Manager Mashburn said this was a different water resources study. Commissioner Robertson mentioned that about two years ago, Duke Power had planned a $600,000 Catawba River Basin Study that was to occur over a two-year period. Mr. Summers said additional information about the USGS/Alexander County project would be shared in the future. Commissioner Johnson expressed a desire to hear more about the project. PUBLIC HEARINGS Chairman Norman declared the meeting to be in a public hearing. Consideration of the Fire Insurance District Changes for the Barringer & Fallstown (B&F) and the East Alexander Fire Protection Districts (service area expansions from five to six - mile districts): Fire Marshal Lloyd Ramsey said by law, a hearing was necessary to finalize the districts for the two fire departments. Ramsey said B& F(also known as the Troutman VFD, and East Alexander (also known as Stony Point VFD) had requested the one -mile expansions to assist homeowners in obtaining lower insurance premiums. He said some residents could not be included in the six -mile districts due to being in "no man's land," however, all citizens would be provided fire protection. No one else desired to speak, and Chairman Norman adjourned the hearing. MOTION by Commissioner Robertson to accept the service area expansions from five to six miles for the Barringer & Fallstown and the East Alexander Fire Protection Districts. VOTING: Ayes — 4; Nays — 0. Chairman Norman declared the meeting to be in a public hearing. Case No. 0803-1; Anthony D'Alessandro & Peter Casatelli (Dela Casa Landscaping & Designs), Applicants for the Mrs. S. R. Hart Property, Request to Amend the Iredell County Land Use Plan and Rezone a Portion of Property from Residential Agricultural to Highway Business Conditional District: Planning Director Ron Smith said this was the first rezoning to use the conditional district procedure rather than the prior quasi-judicial conditional use district method. He said that in compliance with the conditional district ordinance requirements, a site plan had been submitted, and the applicants had held a public meeting at the site on February 4, 2008, at 6 p.m. Smith then reviewed the following staff report. CASE NO 0803-1 OWNER: Mrs. S.R. Hart 513 Bethesda Road Statesville, NC 28677 APPLICANTS: Anthony D' Alessandro & Peter Casatelli (Dela Casa Landscaping) 103 Wood Duck Loop Mooresville, NC 28117 3 LOCATION: Bethesda Road in Statesville, NC; more specifically a portion of PIN# 4762-58- 6837. Directions: Salisbury Highway east from Statesville, right on Bethesda Road, on left before the bridge over Third Creek. REQUESTED ACTION AND CONDITIONS: Amend the Iredell County Land Use Plan and rezone a portion of the property from RA, Residential Agricultural District to HB CD, Highway Business Conditional District. • Use limited to only a landscaping operation with associated office, equipment, materials, and storage. • Signage will be limited to 36 square foot sign. • Hours of operation will be limited to 7 a.m. to 7 p.m. and closed on Sunday. • No retail sales to general public. • Paved driveway at the road shall be at least 36feet wide to accommodate commercial traffic. PROPOSED USE: Landscaping and nursery business. SIZE: The property is 2.75 acres. EXISTING LAND USE: Vacant. SURROUNDING LAND USE: Residential and vacant. WATERSHED REGULATIONS: This property is not located in a Watershed. TRAFFIC: In 2006, the average number of vehicles per day on Bethesda Road near Salisbury Highway was 3,900 and on Bethesda Road just north of OsAvalt Amity Road was 1, 800. ZONING HISTORY: This property has been zoned RA since county -wide zoning went into effect in 1990. The property to the south was rezoned.from RA to HB CUD on February 6, 2007. OTHER JURISDICTIONAL INFORMATION: Discussions with the City of Statesville Planning Staff' revealed that this area does not lie within the future land use plan. Those areas are referred to the County concerning future land uses. STAFF COMMENTS: The applicants are proposing to expand an existing commercially zoned property in order to operate their landscaping and nursery business. The adjoining property, which was rezoned last year, is almost entirely located within a flood hazard zone. The applicants were apparently not made aware of that fact before the previous request. They are asking that an additional 2.75 adjoining acres be rezoned with the same conditions as well as an additional condition on the driveway size. This would allow them to construct a building outside of the flood hazard zone. As required by the recently adopted conditional zoning district requirements, the applicants held a public meeting on February 4, 2008 at the site, which has been detailed in their Public Meeting Report. A conceptual site plan has also been submitted. This property is located in an area that has been designated as residential in the Iredell County Land Use Plan. The Plan was amended last year in order to accommodate a request from the same applicants. The proposed use of the property should not generate more traffic in the area since the business would be operating in the same capacity on this property as well as the property to the south. Although an amendment to the Iredell County Land Use Plan is necessary, the amount of property to be included is minimal. The acreage of the request is limited to a narrow strip of pasture land adjoining the northern boundary of the HB CUD district and is significant because the subject property lies outside the flood hazard zone. It is preferable to build outside of the flood hazard zone for a wide range of environmental and public safety purposes. Based on the existing situation and conditions and the opportunity to build outside of the flood hazard zone, the Planning staff can support the proposed rezoning and land use plan amendment. PLANNING BOARD ACTION: On March 5, 2008, the Planning Board voted 10-0 to recommend approval of amending the County Land Use Plan, and voted 10-0 to recommend approval of this request and to advise that it is consistent with the County Land Use Plan. 91 MOTION by Commissioner Johnson to (1) amend the Iredell County Land Use Plan and (2) approve the zoning map amendment and to make a finding that approval was consistent with the adopted Iredell County Land Use Plan and said approval was reasonable and in the public's interest due to consistency with the Iredell County Land Use Plan; as a result, said approval furthers the goals and objectives of the Iredell County Land Use Plan. VOTING: Ayes — 4; Nays — 0. -----------------------------------------CONSENT AGENDA ----------------------------------------------- MOTION by Commissioner Tice to approve the following eight (8) consent agenda items. VOTING: Ayes — 4; Nays — 0. (All items were explained during the briefing session.) 1. Request from the CES Group, Inc., on Behalf of Bobby Hunter, for Approval of a High -Density Option on a Parcel of Land Located at 1208 River Hwy., Mooresville, NC: Planning Director Ron Smith said this company wanted approval to develop under the high-density guidelines in the WS -IV Critical Area Watershed. Smith said a mini -warehouse facility was proposed for the site, and the developers desired to exceed the standard allowance of 24% and develop the property with proposed impervious surfaces equaling approximately 48%. He said a wet detention pond capable of removing 85% of the total suspended solids from the first one -inch of a rainfall was being proposed. Smith said the staff recommended in favor of the request. Note: Smith mentioned that alternatives to wet detention ponds were being explored by the planning staff. Ile said one reason to look at other options was because the staff had to inspect the detention ponds at least once a year. 2. Request for Approval of the Abandonment of a Portion of State Road 2151 — Gantt Horn Road, from the State Maintained System: Planning Director Ron Smith said the state had petitioned for this abandonment. He said a re -alignment was necessary to eliminate a dangerous curve and improve visibility. He said approximately 1,365 linear feet would be abandoned, and the staff recommended approval. 3. Request from the Cooperative Extension Service for Approval of a Grant Proposal for a Horticultural Demo Project: Ken Vaughn, the Extension Director, requested permission to apply for a $3,500 Lowes Education Foundation grant. He said the funds would be used to enhance a horticultural project previously funded by a grant. Vaughn said signage, to help the public take self -guided tours through the area, would be purchased. 4. Request for Approval of Budget Amendment #40 to Recognize Additional Funds from the North Carolina Department of Transportation to Assist with the Purchase of Replacement Vehicles: Transportation Director Ben Garrison said the state had previously provided budget figures for lift -equipped vehicles from the Braun Corporation, but now a price increase had occurred. He said the Department of Transportation was allowing grant revisions to accommodate for the increases, and a budget amendment for $5,598 was needed. 5. Request for Approval of Budget Amendment #41 to Appropriate One -Stop Voting Grant Proceeds (funding for supplies and part-time election day workers): Elections Director Becky Galliher said this $22,500 grant had been received, and a budget amendment was needed to use the funding. 6. Request for a Decision Regarding the Possible Cancellation of the Tuesday, May 6, 2008 Board of Commissioner's Meeting: Due to the Election Primary, the May 6, 2008 meeting of the board of commissioners was cancelled. (All business items that would have been discussed on this date will be reviewed at the May 20 meeting.) 7. Request for Approval of the March 18, 2008 Minutes 8. Request from the Mt. Mourne VFD for the Release of $55,000 from the Department's Fund Balance to Apply towards the Purchase of a 1990 Mac Aerial Scope Ladder Truck: Wayne Turner and Steve Knox, both members of the Mt. Mourne VFD Board of Directors, said the $55,000 along with $20,000 already designated would purchase a ladder truck. Note: This will be Budget Amendment #42 (The department's fund balance as of March 31 was $68,013 and with the $55,000 deduction, $13,013 will remain.) ------------------------------------------END OF CONSENT AGENDA ---------------------------------------- 5 ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS (none) APPOINTMENTS TO BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (2 appointments): No nominations were submitted, and Commissioner Tice made a MOTION to postpone the appointments until the April 15 meeting. VOTING: Ayes — 4; Nays — 0. Statesville Planning Board (ETJ) (1 appointment): No nominations were submitted, and Commissioner Robertson made a OTION to postpone the appointment until the April 15 meeting. VOTING: Ayes — 4; Nays — 0. Nursing Home Advisory Committee (5 appointments): Commissioner Tice nominated Mary Jane Sutton for a reappointment. No further nominations were submitted, and Commissioner Johnson made a MOTION to appoint Sutton by acclamation and to postpone the remaining four appointments until the April 15 meeting. VOTING: Ayes — 4; Nays — 0. Criminal Justice Partnership Program Committee (1 appointment) No nominations were submitted, and Commissioner Tice made a MOTION to postpone the appointment until the April 15 meeting. VOTING: Ayes — 4; Nays — 0. Animal Grievance Committee (1 appointment): No nominations were submitted, and Commissioner Tice made a MOTION to postpone the appointment until the April 15 meeting. VOTING: Ayes — 4; Nays — 0. ADJOURNMENT: There being no further business, Commissioner Johnson made a OTION at 7:35 P.M., to adjourn the meeting. (NEXT MEETING: Tuesday, April 15, 2008, 5 & 7 P.M., in the Iredell County Government Center, 200 South Center Street, Statesville, NC.) VOTING: Ayes — 4; Nays — 0. Approval: 6 Clerk to the Board