HomeMy WebLinkAboutMay_20_2008_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
MAY 20, 2008
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
May 20, 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
Godfrey Williams
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
approve the following agenda adjustments:
Deletions: • Request from Carolina Beer & Beverage to Call for a Public Hearing on
June 3, 2008 Regarding the Release of Zoning & Subdivision Jurisdiction to
the Town of Mooresville
• Request for Approval of an Interlocal Agreement Between Iredell County and the
Town of Mooresville for the Purpose of Relinquishing Building Plans Review for
Fire Protection
• Request from the Fire Marshal to Call for a Public Hearing on June 3, 2008
Regarding Six -Mile Districts for VFDs in the County -Wide -Service
District
Addition: • Request for Approval of Local Legislation to Exempt Iredell County from
Certain Requirements for Public Contracts (This is to use a design -build method
of construction for the new Animal Shelter on Bristol Drive.)
VOTING: Ayes — 5; Nays — 0.
APPOINTMENTS BEFORE THE BOARD
Appearance by Members of the Iredell County Nursing Home Committee in Regards
to the October Residents' Rights Celebration & the Request for Transportation Assistance:
Kathy Smith, the Iredell County Nursing Home Committee Chairman, along with Centralina
Ombudsman Cindy Kincaid, said the annual Residents' Rights Celebration would be in October at
Rocky Mount United Methodist Church, on Perth Road, in Mooresville. Smith said
approximately 1,700 individuals resided in either a nursing or assisted -living home, and around
100 attended the celebration. She said transportation was the primary reason why more people
didn't attend. Smith requested assistance from ICATS, through the usage of ROAP funds, along
with $600 for Lake Norman Transportation to help transport the residents in October. She said a
separate nursing home van would be used to transport the wheelchair residents.
Commissioner Johnson requested County Manager Joel Mashburn and Deputy County
Manager Susan Blumenstein to remind the board members about the request during the FY 08-09
budget meetings.
Appearance by Karen Margolis in Regards to the 83X CATS Express Bus from
Mooresville to Charlotte: Margolis said in March of 2008, a newspaper article stated the 83X
bus service might lose funding from the Town of Mooresville. She said several bus riders then
attended a Town meeting, and Mooresville Mayor Thunberg suggested they contact the county
commissioners for funding assistance. She said the FY 08-09 cost for the continuation of service
was $87,000 with Mooresville agreeing to supply $44,000 if Iredell County supplied the
remainder. Margolis said state officials mentioned the possibility of using ROAP and JARC
grants. In addition to asking for funds, Margolis asked the county commissioners to work with
the Statesville and Troutman officials, along with local developers and businesses in an effort to
retain the service. She mentioned the advantages of the 83X and said she wanted to dispel the
following myths:
1. Ridership numbers have decreased. She said the numbers declined when the service
changed and only one bus was used. Margolis said the people still rode a bus, but
their park/ride locations changed.
2. Riders are rich. She mentioned that most riders had to get up early, 4 or 5 a.m., and
then they returned late in the afternoon between 5 and 7 p.m. Margolis said wealthy
individuals would supply their own transportation rather than conforming to these
hours.
Larry Kopf, the Chief Operations Planning Officer for the Charlotte Area Transit System
(CATS), explained that ridership at one point was 50,000 but it dropped to 41,000. He said the
service became so successful that the park/ride lots, at mostly shopping centers, started getting too
congested. Kopf said the riders were taking too many parking spaces, and other park/ride lots had
to be located. He said there were six agreements with surrounding towns/counties for regional
transit and these helped reduce traffic congestion. He said the fares paid about a third of the
cost, Charlotte paid a third, and Mooresville had been paying the remainder.
Johnson asked CATS' cost per trip, for example, Williamson Road to Charlotte.
Kopf said it cost $66 an hour to run the bus, and it took approximately two hours. He said
the $66 was multiplied by 253 days a year, times the number of hours a day (15), and then the fare
revenue was taken out. He said Mooresville and Charlotte had been splitting the net cost, and
approximately 90 people used the bus. (This number is for a one-way trip, there would be 180
trips if counting both ways.) He said a survey was taken to see if the riders would pay $5 each
way, and 50% said they would stop riding the bus. Kopf said CATS already planned to increase
the fare from $2.60 to $3 per passenger one way. He said there were discounts if people bought
ten -ride fares.
Robertson said the CATS policy allowed for increased fares in order to retain the service.
Kopf said he personally couldn't increase the fares, but the CATS board could. He said,
too, that there was a board meeting on May 28.
Robertson mentioned that Jennifer Roberts, the Chairman of the Mecklenburg County
Commissioners, had advised that she would agreeable to a fare increase to keep the service.
Kopf said the survey indicated the riders would not ride if the fares were too high. He said
that at the May 28 meeting there was a proposal to increase the fares to $3 (one way).
Robertson said CATS would break even at $8.16. He said increased fares should remain
as an option to keep the service.
Kopf said the $8.16 cost was assuming all riders continued to use the bus.
Commissioner Johnson said the county was 45 miles long. He said many people, living in
modest homes, making $7 an hour, were finding it difficult to commute back and forth to work.
He said if the request were approved, tax money from these people would be used, and he felt
they needed a voice. Johnson said some people might think this was regressive rather than
forward thinking, but it concerned him.
Robertson thanked and praised Margolis for the presentation and for speaking on behalf of
the other riders.
Chairman Norman requested the county manager to look at any revenue sources that might
be available for the bus service.
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PUBLIC HEARINGS
Chairman Norman declared the meeting to be in a public hearing.
Consideration of an Economic Development Incentive for Kooks Custom Headers:
John Marek, with the Greater Statesville Development Corporation, announced that Kooks
Custom Headers, headquartered in New York, was the largest manufacturer of performance
automotive exhaust systems on the east coast. He said the company planned to locate in the
Statesville Business Park, build a 50,000 sq. ft. manufacturing and back office facility, invest $4
million, and create 55 new jobs (skilled metal working and fabrication positions) over the next
five years. He said the company was connected with the motorsports industry, and at the
proposed investment, would be eligible for an incentive of $71,200 over a five-year period.
MOTION by Commissioner Tice to approve a $97,900 incentive, over a five-year period,
based on a $5.5 million investment.
VOTING: Ayes — 5; Nays — 0.
Note: Mike Smith, with the Greater Statesville Development Corporation, previously requested a
public hearing for a $97,900 incentive based on a $5.5 million investment for this company, and
these amounts were published in the legal notice.
Rezoning Request — Case No. 0804-1; Applicant J. Michael McGuire on behalf of
Owner Don Kelly and Agent Mike Todd Request to Rezone a Parcel from Residential
Agricultural to Highway Business (Location: Corner of Amity Hill Road & Murdock Road,
Troutman, NC): Planning Director Ron Smith explained the staff report for this case as follows:
EXPLANATION OF THE REQUEST
The request is to rezone a 1.03 acre parcel from RA, Residential Agricultural Zoning District to
HB, Highway Business Zoning District. Because this is a straight rezoning, each of the uses
allowed in the HB district must be considered.
OWNER/APPLICANT
OWNER: Don Scott Kelly
534 Troutman Farm Road
Troutman, NC 28166
AGENT: Mike Todd
445 N. Main Street
Troutman, NC 28166
PROPERTY INFORMATION
LOCATION: The corner of
Amity Hill Road and Murdock
Road in Troutman, NC; more
specifically PIN# 4742-75-7379.
DIRECTIONS: I-77 south to
exit 45, turn right onto Amity
Hill Road, property is on the left
at the corner of Murdock.
SURROUNDING LAND USE:
This property is located at the
corner of two roads with
residential development to the
north and south. It has vacant
land to the west and east. There
APPLICANT: J. Michael McGuire
352 S. Laurel Avenue
Charlotte, NC 28207
is also a good bit of commercial property in close proximity.
SIZE: The property is 1.03 acres.
EXISTING LAND USE: Vacant.
ZONING HISTORY: This property was rezoned from GB to RA for farming purposes on
July 7, 1992. The property to the west and south was zoned HB during the county wide zoning
process. The property to the south was rezoned from RA to RO on February 2, 2000. The
property to the northeast was rezoned from RA to HB for a gymnastics center on
January 4, 2005. The property to the east was rezoned from RA to HB on August 7, 2007.
OTHER JURISDICTIONAL INFORMATION: Discussions with the City of Statesville
Planning Staff have revealed that this area does not lie within their future land use plan. Those
areas are referred to the County concerning future land uses. This is a speculative rezoning.
Utilities would be provided by the City of Statesville. When development occurs, the applicant
will likely utilize the City's utilities, and would therefore be subject to annexation and the City's
development standards.
OTHER SITE CHARACTERISTICS: This property is not located in a water supply
watershed. This property is within close proximity to the Larkin Project which is in the
beginning stages at Exit 45. There were 5,000 residential units and 1.5 million square feet of
commercial approved as part of the project.
IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES
TRAFFIC: In 2006, the average number of vehicles per day on Murdock Road near the
intersection was 6,000 and on Amity Hill Road just north of Murdock Road was 1,800.
Because the use has not been designated, it is difficult to determine the impact on Amity Hill
Road or Murdock Road. The capacity for this stretch of Amity Hill Road is 8,000 vehicles per
day.
SCHOOLS: Because this is a commercial rezoning, there should be no implications on local
schools.
FIRE MARSHAL: Due to the fact that there is no proposed use, it is difficult for the Fire
Marshal's Office to make any specific statements about this request at this time. The Troutman
Fire Department does not have ladder trucks, so the highest building they would be able to
provide fire service would be three stories.
REQUIRED REVIEWS BY OTHER AGENCIES
LOCAL: Because there is no proposed use, there is no formal local agency review at this time.
Should the applicant need water and sewer, he would have to develop under the City of
Statesville's development criteria.
STATE: Other than building code, there should be no formal state agency review at this time.
FEDERAL: None at this time.
STAFF AND BOARD COMMENTS
STAFF COMMENTS: The Iredell County Land Use Plan identifies this area as suitable for
commercial uses. The exit 45 area is starting to transition from a rural interstate interchange to a
developed interchange. Both Statesville and Troutman are extending their jurisdictions into this
area, with Statesville being the primary service provider.
Based on the transition from a rural to a developed interchange and surrounding commercial
zoning districts, the Planning staff can support the proposed rezoning request.
SITE REVIEW COMMITTEE: Jackie Grigg, Jeff McNeely, and Alan Williams visited this
site with the staff on March 18, 2008.
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PLANNING BOARD ACTION: On April 2, 2008, the Planning Board voted 7-0 to
recommend approval of this request and to advise that it was consistent with the County Land
Use Plan.
A¢ent Mike McGuire offered to answer questions.
MOTION by Commissioner Johnson to approve the zoning map amendment and to make
a finding that the approval was consistent with the adopted Iredell County Land Use Plan and
that said approval was reasonable and in the public interest due to its consistency with the Iredell
County Land Use Plan; as a result, said approval furthers the goals and objectives of the Iredell
County Land Use Plan
VOTING: Ayes — 5; Nays — 0.
Consideration of a Proposed Amendment to the Airport Hazard Ordinance:
Planning and Development Director Ron Smith said the primary approach zone section of the
airport ordinance was overly restrictive in some areas. Smith said this was due to the terrain and
topography. He then reviewed the changes as follows:
Change the current language from:
rnrrre rr�rncsn rrar�. _ .. .. , rn Ra�rn
ssser11017mr"Wrrssrirss�
—
. —Vqpm
To:
Primary Approach Zones. The Primary Approach Zones begin at each runway end starting at
the pavement edge at a width of 1,000 feet and extend to a width of 6,940 for a horizontal
distance of 20,000 feet. This zone provides that no structure may be built within this zone
that rises above a height as determined in the underlying zoning district as directed in the
Iredell County Zoning Ordinance Article VII, Section 7.0 or to a maximum of 50 feet above
ground elevation, whichever is less. No structures will be exempt from this requirement, and
under no circumstance, shall any structures be located in the Primary Approach Zone that are
taller than 50 feet above ground elevation.
No one else desired to speak, and Chairman Norman adjourned the hearing.
MOTION by Commissioner Johnson to approve the airport hazard ordinance amendment
as presented.
VOTING: Ayes — 5; Nays — 0.
----------------------------------------------END OF PUBLIC HEARINGS --------------------------------------
Request for Preliminary Review of the Subdivision Ordinance Re -Write: Planning
and Development Director Ron Smith highlighted proposed changes to the subdivision
ordinance. He reviewed the staff report for this matter as follows:
Subdivision Ordinance Rewrite
The Department of Planning and Development has been working with Benchmark CMR, Inc. for
several months on the rewrite of the Subdivision Ordinance. The intent of the rewrite is to bring a
document that has been virtually unchanged since 1989 up to date with strategic amendments.
Many of the changes found in the proposed ordinance deal with recommendations that were
the result of the South Iredell Growth Study that took place from 2006 to 2007. The Iredell County
Planning Board held multiple meetings to gather citizen input prior to making several significant
recommendations concerning growth and growth management. The majority of these
recommendations were later endorsed by the County Commissioners at their 2007 Winter
Planning Retreat.
Growth Study Recommendations
R
Many of the policies and recommendations that came from the study were related to new
subdivisions. The primary recommendations that have been incorporated into this rewrite are as
follows:
1. Interconnectivity requirements;
2. Turning lanes on roads where traffic improvements are needed;
3. Open space requirements (although not included, there has been extensive
conversation about this issue);
4. Public water/sewer connection requirements;
5. Fire and emergency service standards and requirements;
6. Time limitations on approved subdivisions; and
7. Traffic impact study requirements for subdivisions over 100 lots.
These recommendations have been included in various forms, to the extent that the staff felt
reasonable. They comprise the major changes to the ordinance and will lessen the impact of
new development on the surrounding area.
Formatting and Procedure
The staff has attempted to develop a new review process that will spend more time looking at
"big picture" issues, while not compromising on the technical side of subdivision design. A new
step, the submittal of a Concept Plan, has been incorporated into the overall process. The
Concept Plan will help the staff and the Technical Review Committee to take note of significant
features and issues that are associated with the site.
Public Input
Since the distribution of the original draft to the Planning Board in February, our department has
held two input meetings. Both meetings were directed at individuals and groups that will be
using the document or could be affected by its adoption. The first meeting was attended
primarily by local surveyors.
Surveyor's Comments
Comments given by local surveyors were generally technically based and constructive. As users
of the ordinance, the attendees were able to give our staff input and guidance on several areas
that could be improved, or which may not work at all. Many of these suggestions were
incorporated into the updated draft. A synopsis of those comments is as follows:
I . Clarify requirements for submittal of construction plans;
2. Keep the Technical Review Committee involved in preliminary plat review;
3. Better define the Existing Conditions Report, which is part of the Concept Plan submittal;
4. Better incorporate NCDOT into the Traffic Impact Study process;
5. Clarify the emergency access easement requirement;
6. Remove the connection to local sewer systems and also remove the requirement to
connect to a municipal water and/or sewer system;
7. Ensure that local water companies can handle fire suppression requirements if
connection is required;
8. Develop a "large lot" exclusion for mandatory water connection; and
9. Clarify fire suppression language.
Developer's/Realtor's/Interested Parties' Comments
The second meeting was geared toward groups that would generally be affected by the
changes, the development community and interest groups. This meeting was more of a
question and answer session, and minimal changes were made to the draft based on
comments. Some of the major comments and/or questions were:
1. How long would "grandfathered" or "vested" projects have until they had to comply
with the new standards?;
2. Clarify fire suppression language;
3. Add provisions for open space dedication;
4. Require buried utilities; and
5. Several minor grammatical and non -substantive suggestions were made to clarify the
document.
Consensus was not met among the group. As opposed to the first meeting, there were varied
interests at the meeting which at times were contrasting.
Requirement Thresholds
The following list shows the minimum thresholds that trigger specific requirements found in the
new ordinance:
Less than 30 Lots
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Mandatory Concept Plan for any Multiphase or Commercially Zoned Development
Mandatory Water Connectivity (if applicable)
Possible TIS (Commercially Zoned Property most likely affected)
Minimum of 30 Lots
Mandatory Concept Plan required
Possible TIS (Commercially Zoned Property most likely affected)
Mandatory Water Connectivity (if within distance specified)
Mandatory 30 ft secondary access easement for Fire Department access
Possible Fire Suppression required (if a water supply is available)
More than 100 Lots
Mandatory Concept Plan required
Mandatory Traffic Impact Study (TIS)
Mandatory Existing Conditions Survey
Mandatory Water Connectivity (if within distance specified)
Mandatory 30ft secondary access easement for Fire Department Access
Possible Fire Suppression required (if a water supply is available)
Subdivision Amendments Overview
1. SRC has been changed to TRC, 2.1 - This non -substantive change reflects the actual makeup of the
committee, which is technical in nature.
2. Violations same as Zoning, 2.5 (B) - To make it easier to enforce and consistent we have included
the same penalty procedure as found in the Zoning Ordinance.
3. Appeals, 2.6 - All appeals go to the Board of Adjustment instead of the Planning Board. The BOA is
established by the General Statutes to handle these types of quasi-judicial proceedings.
4. Watershed requirements have been removed, 2.7.2 - We have a stand alone Watershed Protection
Ordinance which governs these development standards, there is no need to include them in the
Subdivision Ordinance.
5. Subdivision approval process in general, Article 3 - Overall, this is one of the biggest changes to the
ordinance. There are some extra mandatory steps (primarily the concept plan for majors) that must
be taken, however we have strived to keep the time as close to the existing procedure as possible.
6. Validity of Preliminaries, 3.7.1 (Step 10) - Preliminary plats will have a time limit of 2 years.
7. Require that community well/septic plans be submitted to NCDENR, 4.4.2 (Chart) - prior to
preliminary approval these plans must be submitted to and approved by NCDENR.
8. USA (Urban Service Area) section reserved, 5.3 - The Comprehensive Land Use Plan will likely
give emphasis to urban -style development in areas outside the corporate limits. Until that is
completed we did not feel we could put regulations in place to define this.
9. Existing Conditions Assessment, 5.4 - this requirement is meant to identify areas that should be
preserved through the subdivision process. This will be more meaningful if and when open space
provisions are identified.
10. Perennial stream buffer, 5.4.5 - A 30' buffer is required for all perennial streams from the water's
edge for water quality purposes. This has always been the case in watershed areas.
11. Septic field easements to be planned, 5.7.5 - In conjunction with the Environmental Health
Department this will allow for potential problems to be identified.
12. TIS (Traffic Impact Study) for subs over 100 lots, 5.8.3 - These subdivisions tend to have a larger
impact on traffic and therefore should be studied before approval. Improvements would be required
at the developer's expense.
13. Public water connection, 5.12.1 - Mandatory connection to public water would be required when in
relatively close proximity.
14. Fire suppression standards, 5.13.2 - A dry hydrant is required for subdivisions over 30 lots which
have access to a 100,000 gallon water supply.
15. Open space provisions have not been included in the proposal. However, once the Parks and
Recreation Master Plan and the Comprehensive Land Use Plan are completed I expect to come back
with a proposal to implement the recommendations of those studies.
Smith said the only public comment received was from a developer requesting two years
for the first phase of development and then on up to five years. He said this comment would be
reviewed for possible inclusion in the final draft.
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Commissioner Johnson asked the staff to review some type of phased -in development
method with infrastructure. He also asked about vested rights.
Smith said vested rights would have to be recognized. He said the possibility of adding
another step had been reviewed in regards to phased -in development. Smith said conditional
zoning could be used, similar to the Exit 42 project. He said this would not require a Public
Facilities Ordinance. Smith said additional time would be devoted to the phased -in concept.
Robertson asked if the 30 -foot -buffer requirement coincided with the soil erosion
ordinance, and Smith said this would be checked.
Note: No action was taken, rather the re -write will be acted upon after a public hearing on June 3.
------------------------------------------CONSENT
MOTION by Commissioner Johnson to approve the following 20 consent agenda items.
VOTING: Ayes — 5; Nays — 0.
(All items were explained during the agenda briefing.)
1. Request for Approval of a Revised Plat Review Officer List: This list needs to be
revised by adding Stephanie Whitlock, Maureen Gable, and Ben Stikeleather. The new list that
will be recorded at the Register of Deeds is as follows:
PLAT REVIEW OFFICER LISTING
IREDELL COUNTY: Steve Warren
William Allison
Rebecca M. Harper
Elinor Hiltz
Ron Smith
Matthew Todd
Barry Whitesides
Stephanie Whitlock
Ben Stikeleather
TOWN OF MOORESVILLE: Timothy D. Brown
Craig Culbertson
Michael Harper
Jim King
Maureen Gable
CITY OF STATESVILLE: David Currier
Sherry Ashley
Elaine Anthony
TOWN OF TROUTMAN: Emily Jackson
Lauren Page
2. Request for Approval of the April 2008 Refunds and Releases: Tax Administrator
Bill Doolittle requested approval of the following refunds and releases.
Releases for the Month of April 2008
Breakdown of Releases:
County
$36,064.04
Solid Waste Fees
$17.50
E. Alex. Co. Fire #1
$0.00
Shepherd's Fire #2
$13.21
Mt. Mourne Fire #3
$27.12
All County Fire #4
$841.22
Statesville City
$16,939.29
Statesville Downtown
$0.00
Mooresville Town
$36,939.29
Mooresville Downtown
$0.00
8
$91,643.76
Mooresville School
$670.22
Love Valley
$0.00
Harmony
$0.00
Troutman
$131.87
Davidson
$0.00
Refunds for the Month of April 2008
Breakdown of Refunds:
County
$1,222.91
Solid Waste Fees
$0.00
E. Alex. Co. Fire #1
$0.00
Shepherd's Fire #2
$0.00
Mt. Mourne Fire #3
$0.00
All County Fire #4
$156.33
Statesville City
$784.22
Statesville Downtown
$0.00
Mooresville Town
$270.62
Mooresville Downtown
$0.00
Mooresville School
$72.76
Love Valley
$129.02
Harmony
$0.00
Troutman
$0.00
Davidson
$0.00
$2,635.86
3. Request from the Recreation Department for Approval of a $10 Increase for Day
Camp Registration Fees to Cover Operating Costs (Increased Fuel Costs) ($155 a week for
Camp Iredell Adventures & $105 a week for Camp Iredell): Recreation Director Robert
Woody requested this increase and said it was primarily due to increased fuel prices. He said,
however, the camp's costs were comparable to other counties.
4. Request from the Recreation Department for Approval of the Annual Iredell-
Statesville School Bus Lease (Transportation for the Summer Day Camp Program):
Recreation Director Robert Woody said the annual bus lease needed approval. He said the lease
extended from June 16 -August 15, 2008.
5. Request for Approval to Obtain Blueprints from Site Solutions for the North Iredell
Park: Recreation Director Robert Woody said the next step for this park was to obtain blueprints
that would cost $45,000-$50,000. He said C & S Grading had agreed to grade a ball field, but
first, blueprints were needed. Woody said Site Solutions prepared the North Iredell Park Master
Plan, and therefore, was familiar with the park's design.
6. Request from the Sheriff's Department for Usage of Seized Funds to Establish Two
Additional Deputy Positions: Chief Deputy Rick Dowdle requested permission to add two
officers, effective immediately, with the first year's funding to be derived from seized funds. He
said the officers could be hired, trained, and placed at school sites this fall. Dowdle estimated
first year costs at approximately $183,169 (includes vehicles/equipment). He said a decrease of
$40,000 would occur during the second year due to already having vehicles. When asked how the
department determined when extra personnel were needed, Dowdle said there wasn't a specific
equation, but a good gauge was when the officers became exhausted and overtime was occurring.
7. Request for Approval of Budget Amendment #46 to Appropriate Additional
Commissary Funds for Commissary Supplies: Chief Deputy Dowdle said $50,000 in
additional supplies was needed for the commissary.
8. Request for Approval of a Two Year Sprint Agreement to Provide a Cellular
Communications Amplifier at the Iredell County Jail (221 East Water Street): Purchasing
Agent Dean Lail said this agreement, similar to the one at the Mooresville Government Center,
would ride off the main cellular contract.
use.
Chief Deputy Dowdle said Bi -Directional Amplifiers would assist the Nextels already in
9
9. Request from the Woodson, Sayers, Lawther, Short, Parrott, Walker & Abramson
Law Firm for a Refund of $1,824 Due to an Over Payment in the Recording of a Substitute
Trustee Deed at the Register of Deeds' Office: This law firm calculated the wrong amount for
documentary stamps. Instead of $203.00, a check was written for $2,027. The law firm has
requested a refund in order to re-record the deed.
Register of Deeds Brenda Bell reviewed the matter, and due to the law firm submitting
the request within the proper timeframe, recommended approval of the $1,824 refund.
10. Request from Solid Waste for Approval to Exercise a Buyback Option for a Case
821C Wheel Loader: Purchasing Agent Dean Lail, on behalf of the Solid Waste Department,
requested approval to proceed with the use of a repurchase agreement for a wheel loader that was
bidded, awarded, and purchased in 2002 with a $50,000 Guaranteed Repurchase Agreement. He
said the department would sell the loader back to the company and use the proceeds to purchase
a replacement.
Solid Waste Director David Lambert said the loader had been giving problems for the
past 18 months, and mostly, this had been with the brakes. He said the repair costs had been
covered in the agreement, but more problems were anticipated.
11. Request for Approval of a Debris Management Memorandum of Agreement with
the Local Municipalities: Solid Waste Director David Lambert said the county approved
debris management contracts in November 2007, and since that time, it was realized the local
municipalities also needed agreements. He said the agreements would help to coordinate,
expedite, and maximize FEMA reimbursements. (CrowderGulf and Beck Disaster Recovery,
Inc., are the companies that will help provide remediation services should severe storms and
other emergency situations occur.)
12. Request from the Fire Marshal to Amend the February 19, 2008 Resolution/Fire
District Maps Pertaining to the Insurance District Boundaries: Fire Marshal Lloyd Ramsey
said on February 19, 2008, a resolution, with an Exhibit A, were approved. He said an amended
resolution and exhibit were needed due to the previous ones having inaccuracies on the
boundaries. He provided the following revised resolution:
IREDELL COUNTY BOARD OF COMMISSIONERS
RESOLUTION
APPROVING INSURANCE DISTRICT BOUNDARIES
WHEREAS, fire district boundaries for incorporated volunteer fire departments are established by
boards of county commissioners pursuant to NCG.S. 153A-233, which districts are also used for
insurance grading purposes; and
WHEREAS, the fire district boundaries in the unincorporated portion of Iredell County need to be
revised to change the way they have historically been described from a point to point description to maps
created on the GIS system, and to reflect annexations by municipalities in the County; and
WHEREAS, the Iredell County Fire Marshal has created new fire insurance district maps using the GIS
system for the following fire districts which are incorporated by reference into Exhibit A to this
Resolution: B& F, Central School, Cool Springs, County Line, East Alexander, Ebenezer, Harmony, Lake
Norman, Lone Hickory, Monticello, Mt Mourne, Sheffield-Calahaln, Shepherds, South Iredell, Stony
Point, Trinity, Union Grove, Wayside, West fredell and Wilkes-Iredell.
NOW, THEREFORE BE IT RESOLVED, that the Iredell County Board of Commissioners approves the
boundary lines of the Fire Insurance Districts shown on Exhibit A, and as represented in the scaled GIS
produced map certified by the County Fire Marshal referenced in Exhibit A dated May 9, 2008. This
action supersedes the resolution and Exhibit A that were approved on February 19, 2008.
Note: Ramsey shared the new map and said there were five areas in the county that were
not included in any six -mile districts. He said the residents would have a ten insurance rating
which was basically a "no rating." Ramsey said one section might be assisted if Troutman built
a substation.
10
13. Request from the GIS Dept. for Approval of a Centralina Service Memorandum of
Agreement Regarding the 2009/2010 Regional Orthophotography Project: GIS Director
Chris Bridges said aerial orthophotography would be needed in early 2009, and Centralina would
prepare a Request for Qualifications (RFQ). He requested approval of a $2,800 Centralina
Service Agreement for the RFQ and said the funds were already in the department's FY 08
budget.
14. Request for Approval of a Contract with Bingham Arbitrage Rebate Services for
Calculations (Rebate) on the $111,375,000 Certificates of Participation and the $5,300,000
General Obligation Community College Bond: Deputy County Manager Susan Blumenstein
said that as a condition of debt issuance, there was an IRS ruling requiring the county to have
arbitrage rebate calculations on issued debt. In addition, she said a third party had to provide the
calculations. She recommended Bingham Arbitrage.
15. Request from the Centralina Economic Development Commission (EDC) for the
Allocation of Centralina Council of Governments Prepaid Membership Hours: County
Manager Joel Mashburn said 22.5 prepaid membership hours had not been used this fiscal year,
and Centralina's EDC was requesting to use the time for workshops, website
development/maintenance, and other activities.
16. Request for Approval of a Resolution Requesting the Governor to Intervene In &
Oppose the Aluminum Company of America's (Alcoa) Application to the Federal Energy
Regulatory Commission for a 50 -Year License to Control the Waters of the Yadkin River
and its Lakes/Tributaries: County Manager Joel Mashburn said the counties of Davidson and
Stanly, along with Centralina, had already adopted this resolution. He said the Federal Energy
Regulatory Commission was recommending approval of the relicensing; however, several
counties were requesting a delay.
17. Request for Approval to Withdraw from the NCACC P&L Pool and Place the
County's Property and Liability Insurance with Argonaut Insurance: The board agreed to
withdraw from the NCACC P & L Pool and place the coverage with Argonaut Insurance. (See
briefing minutes for additional information.)
18. Request for a Decision Regarding the Tuesday, July 1, 2008 Board Meeting &
Confirmation of the Budget Review Sessions: The board agreed to cancel the first meeting in
July. (All business items will be reviewed on July 15, 2008, the next regular meeting date.)
In addition, the board agreed to meet on the following dates for FY 08-09 budget
deliberations.
All meetings to begin at 5:30 P.M. in the South Wing Conference Room.
Tuesday, May 27 and Thursday, May 29
Thursday, June 5, and if needed, Thursday, June 12
19. Request for Approval of the April 15 & May 5, 2008 Minutes
20. Request for Approval of Local Legislation to Exempt Iredell County from Certain
Requirements for Public Contracts (This will be for a design -build method of construction
in conjunction with the Animal Shelter on Bristol Drive.) Approval was given for the county
manager to submit a local bill to the General Assembly through Representative Karen Ray for
the authorization to use the design -build method for the animal shelter. The legislation in its
entirety is as follows:
AN ACT TO EXEMPT IREDELL COUNTY FROM CERTAIN REQUIREMENTS FOR PUBLIC CONTRACTS
The General Assembly of North Carolina enacts:
Section 1. Notwithstanding G.S. 143-128, 143-129-132, Iredell County may use the design -
build method of construction for an Animal Shelter that will be located on Bristol Drive,
Statesville, North Carolina. Notwithstanding any provision of law, Iredell County may award each
contract in its sole discretion.
Section 2. This act is effective when it becomes law.
Note: The legislation may be used only for this building.
OF CONSENT AGENDA ------------------------------------
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS &
COMMISSIONS
Adult Care Home Community Advisory Committee (1 announcement)
Carolinas Partnership (1 announcement)
Centralina Workforce Development Board (2 announcements)
Farmland Preservation Advisory Board (3 announcements)
Fire Tax District Board (3 announcements)
I -CARE Board of Directors (2 announcements)
Juvenile Crime Prevention Council (10 announcements)
Mitchell Community College Board of Trustees (1 announcement)
Mooresville Planning Board (1 announcement)
Nursing Home Advisory Board (2 announcements)
Region F Aging Advisory Committee (1 announcement)
Social Services Board (1 announce
APPOINTMENTS TO BOARDS & COMMISSIONS
Adult Care Home Community Advisory Committee (3 appointments): Commissioner
Tice nominated Sue Ligon.
MOTION by Chairman Norman to appoint Ligon by acclamation.
VOTING: Ayes — 5; Nays — 0.
MOTION by Commissioner Tice to postpone the remaining two appointments until the
June 3 meeting.
Statesville Planning Board (ETJ) (1 appointment): No nominations were submitted,
and Commissioner Robertson made a �M405 to postpone this appointment until the June 3
meeting.
VOTING: Ayes — 5; Nays — 0.
Nursing Home Advisory Committee (4 appointments): No nominations were
submitted, and Commissioner Tice made a VotA to postpone the appointments until the June 3
meeting.
VOTING: Ayes — 5; Nays — 0.
Criminal Justice Partnership Program Committee (1 appointment): No
nominations were submitted, and Commissioner Tice made a motio to postpone this
appointment until the June 3 meeting.
VOTING: Ayes — 5; Nays — 0.
Animal Grievance Committee (1 alternate appointment): No nominations were
submitted, and Commissioner Tice made a motion to postpone this appointment until the June 3
meeting.
VOTING: Ayes — 5; Nays — 0.
PUBLIC COMMENT PERIOD
John Maloney, with the Pine Lake Prep Charter School, located near Hwy. 115 and
Langtree Road, said this new school would open in the fall with 1,320 students. He said Pine
Lake would be one of the largest charter schools in North Carolina.
COUNTY MANAGER'S REPORT: County Manager Joel Mashburn distributed
department activity reports. He also presented the FY 2008-2009 Iredell County Budget Message
as follows:
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BUDGET MESSAGE
FY 200812009
May 20, 2008
This proposed budget is submitted to the Iredell County Board of Commissioners in accordance with the North
Carolina Local Government and Fiscal Control Act.
INTRODUCTION
Several major factors have had an impact on the budget for FY 08109. Fuel costs have gone up 37% in the General
Fund and ICATS budget. It is estimated io go up 71% in the Solid Waste budget. In addition, we have seen the
Consumer Price Index (CPI) increase at its highest rate since 1990, and based on year to date numbers, may, be
even higher for 2008.
Even though we have seen a slight leveling of new construction, Iredell County is still experiencing rapid growth
and the demand for services is being impacted both by the rapid growth as well as the worsening economy. For
these reasons, and others, the proposed budget is based on a lower growth rate in revenues and an increased
demand for services.
EXPENDITURES
The proposed General Fund Budget of $169,612,420 is up 7.1601, over the original 07108 budget, but when
compared to the budget as it was revised during the budget year, it is an actual decrease of about $2 million.
Notwithstanding this last statement, and considering a CPI of approximately 4%, the budget increase, as proposed
is just a little over 3%. The proposed budget is about as flat as one can make it and still operate efficiently and
effectively.
Personnel — The proposed budget reflects an increase of less than 1% or only 8 new positions. For FY 07108, the
board approved 46 new positions or a 51% increase. All but I of the recommended positions is for public safety
and 1 is for the Recreation Department which is experiencing a very, high demand for its programs. A comparable
increase in revenue will help offset the cost of the new position.
Also included, are funds to provide all employees an across-the-board increase on average of 2.5% and
performance increase on average of 2.5% with the latter being awarded on their anniversary date if they qualify. It
is also proposed that we continue with the program of evaluating 113 of the classifications each year and adjust the
salary ranges ifthe market dictates.
As upercent of the rota!, employee salaries and benefits remain the same as in 07108.
Capital Expenditures — Not including upcoming capital improvements, capital expenditures requested for 08109
amounted to $5,331,287. This proposal only recommends $3,081,292, or $1.5 million less than last fiscal year. As
you review Schedule C, von will see that the majority of the increases are for technology, improvement except in the
Sheriffs Department where over $500,000 is for new vehicles.
One way to summarize the real impact of the expenditures for FY 08109 is to look at the proposal by function (Chart
2). As a percentage of the budget, the amount appropriated, for schools went from 50% to 51.37%; the amount for
public safety went from 18% to 19.81 %, and Human Services went Isom 15% to 13.46%. That left a balance to
operate all the rest with 15.36%, down from 17%. 1 feel it is fair to say, in most areas county government is being
called on to do more, but with less. To further emphasize this point, the total amount appropriated for operating
expenses decreased from 23% to 22% (Schedule E.)
In addition to the above, the proposed budget also has $160,000 set aside for operation of the new Troutman
Library which is expected to be completed sometime in 2010. Additional funds will need to be allocated in the
following year budget.
The amount transferred into the Parks' Reserve Fund is hit rcased from $90,000 to $230,000. That will bring the
estimated fund balance to $835,000.
Schools — As it was stated earlier, almost 52% of the county general fund goes to support education. This year the
proposed education budget is 11.96% increased over FY 07108, going from $66,149.615 to $74,059,583. It is
anticipated that the public schools will see an increase in ADM (Average Daily Membership) of 455 students, f om
27,649 in 2007 to 28,104 in 2008. The budget recommends a 7.79% increase in the per pupil rate going from
$1,360 to $1,466for current expenses.
Certificates of Participation issued for public education during FY 2008 totaled $106,640,000, and $5,300,000 in
General Obligation Bonds were issued fir Mitchell Community College. These financings increased total debt
outstandingfor Educational purposes to $265,200,000. Interest payments on the 2008 COPS totaling $6,175,616
and principal and interest on the 2008 MCC General Obligation Bond of $486,693 are included in the 2008-09
budget.
This completes the highlights of the expendaures side of the budget, so now let's look at how all of this will be paid
13
REVENUES
To a large degree, Iredell County has been spared the drastic reduction in revenue that has fallen on some of the
counties in North Carolina. Nevertheless, we have not seen the increases we have experienced in previous years.
The proposed budget is based on a 3% growth in the property tax. This is the lowest it has been in years.
Hopefully, this is a temporary slow down, but the future still remains very uncertain. It is anticipated that we will
collect 96.8% of the taxes billed in the year thev are due, but this could change if the economy continues to worsen.
Sales Tax — Receipts are also not growing at the rate they have in the past few years. Instead of seeing double digit
growth, we expect 6% growth in the I c tux, and only 3% in the two % cent tuxes. The receipts from the 2002 half
cent tax will be reduced since the state will be taking part of it in exchange for the Medicaid buy out. Our estimate
of the net on this exchange will be again gl'$1,600,000,1or FY 09. In total, we expect a 4% increase in revenues to
go to balancing the 08109 budget. This means that it will be necessary to balance the budget with a $5 million
appropriation from the fund balance. However, as you can see on Schedule A, this will still leave an unreserved,
undesignated fund balance of $23,634,230 or 13.93%. This is well within the guideline set by the commissioners. If
the economy improves, or if the tax base continues to grow, this appropriation may be reduced for future years. If
the opposite occurs the board will need to take a look at additional funding options. A quarter percent sales tax is
estimated to generate almost $5 million, or the equivalent of a 2.56 cent ad valorem tax. This is not necessary now,
and whether it will be in the future depends on the rate of growth we experience and the value of that growth in
relation to the increased cost in services.
New Fees — The budget as proposed does incorporate some new or increased fees in Inspections and EMS. Also,
the Solid Waste fees will increase for the most part to offset a new $2.00 per ton State ofNorth Carolina Solid Waste
Tax. The Countv is required to collect the tax and remit the proceeds to the State.
CONCL USION
It is recommended that the Iredell County Board of Commissioners approve the proposed 200812009 budget as
presented. Ifso approved, this will leave the ad valorem (property tax) rate at 44.5 cents per $100 evaluation based
on the Tax Assessor's estimate of $19,750,300, 000.
CLOSED SESSION: MOTION by Chairman Norman at 8:46 P.M., to enter into closed
session pursuant to G.S.143-318.11 (a) (4) - Economic Development, G.S. 143-318.11 (a) (5) -
Property Acquisition, and G.S. 143-318.1 1 (a) (6) —Personnel.
VOTING: Ayes — 5; Nays — 0.
(RETURN TO OPEN SESSION AT 9:10 P.M.)
CALL FOR A PUBLIC HEARING REGARDING AN ECONOMIC INCENTIVE:
MOTION by Vice Chairman Tice to call for a public hearing on June 3, 2008 at 7 P.M., for
Carolina Beer & Beverage regarding an economic development incentive of $196,690 over a five-
year period based on an investment of $11,050,000.
VOTING: Ayes — 5; Nays — 0.
PURCHASE OF PROPERTIES AT TRADD & SHORT STREETS: MOTION by
Commissioner Robertson to approve Budget Amendment #47 for the transfer of $550,000 from
the Capital Reserve Fund to the General Fund for the purchase of property at Tradd and Short
Streets costing $550,000.
VOTING: Ayes — 5; Nays — 0.
ADJOURNMENT: MOTION by Commissioner Johnson to adjourn the meeting at 9:15
P.M. NEXT MEETING: Budget Session on Tuesday, May 27, 2008 beginning at 5:30 P.M., in
the South Wing Conference Room of the Iredell County Government Center, 200 South Center
Street, Statesville, NC.
VOTING: Ayes — 5; Nays — 0.
Approval:
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Clerk to the Board