The URL can be used to link to this page

Home My WebLink AboutOctober_7_2008_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES OCTOBER 7, 2008 The Iredell County Board of Commissioners met in Regular Session on Tuesday, October 7, 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, Assistant County Manager Tracy Jackson, Planning Director Ron Smith, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Norman INVOCATION by Commissioner Johnson PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: MOTION by Commissioner Johnson to approve the following agenda adjustment. Deletion: Request for Approval. of Budget Amendment # 12 for the Appropriation of Undesignated Fund Balance for Unexpected Truck Repairs at the Union Grove Volunteer Fire Department Note: With the removal of this item, the matter previously listed as BA#13 (Gang Violence Prevention Grant) will now be designated as BA#12. APPOINTMENT BEFORE THE BOARD The Candlelight Vigil Committee Requests Adoption of a Resolution Recognizing the Problem of Child Abuse: MOTION by Commissioner Tice to approve the Child Abuse resolution as submitted. VOTING: Ayes — 5; Nays — 0. RESOLUTION RECOGNIZING THE PROBLEM OF CHILD ABUSE WHEREAS, the abuse and neglect of children is a family and societal problem of local, state, and national significance; and WHEREAS, it is important to recognize that children are abused at the hands of their parents and caregivers; and WHEREAS, children are known to have died in North Carolina during 2007 due to abuse or neglect that was inflicted upon them by their parents or caregivers; and WHEREAS, it is important to remember the innocent children who died in North Carolina during the year 2007. NOW, THEREFORE BE IT RESOLVED, that the Iredell County Board of Commissioners calls upon Iredell County communities to dedicate Thursday, October 16, 2008, as a day of remembrance for the unknown number of children who have suffered as a direct result of abuse and neglect and for the innocent children known to have died due to abuse and neglect in North Carolina during the year of 2007. BE IT FURTHER RESOLVED, that the Iredell County Board of Commissioners encourages the public to attend a Candlelight Vigil to be held Thursday, October 16, 2008, 6:30 P.M., at The Presbyterian Church of the Springs located at Highway 21/115 and Moose Club Road, in Barium Springs, North Carolina to remember these young victims and to focus on the problem of child abuse. The resolution was presented to David Crosby, a longtime member of the Vigil Committee, along with Amy Eisele, the Stop Child Abuse Now (SCAN) Executive Director. Crosby invited all board members to the vigil and extended a special invitation to retiring County Manager Joel Mashburn. PUBLIC HEARINGS Chairman Norman declared the meeting to be in a public hearing. Rezoning Case No. 0807-1: Wanda Sherrill, April Sherrill Stikeleather, and Christina Sherrill Pruitt Request to Rezone Property from Residential Agricultural to General Business Conditional District (Location: Intersection of South Main Street and Ostwalt Amity Road in Troutman, NC): Planning and Development Director Ron Smith described this request as follows: EXPLANATION OF THE REQUEST This is a request to rezone 21.76 acres at the corner of S. Main Street and Ostwalt Amity Road in Troutman from RA, Residential Agricultural Zoning District to GB CD, General Business Conditional District. The proposed use for the properties is a 42,053 square foot grocery store along with 105,100 square feet of additional office and retail space. A conceptual site plan has been provided and is labeled Exhibit A. OWNERS Wanda Sherrill 180 Ostwalt Amity Road Troutman, NC 28166 April Sherrill Stikeleather 168 Ostwalt Amity Road Troutman, NC 28166 Christina Sherrill Pruitt 785 S. Main Street Troutman, NC 28166 APPLICANT Brian Fletcher 124 Iron Gate Circle Mooresville, NC 28117 PROPERTY INFORMATION LOCATION: Corner of S. Main Street and Ostwalt Amity Road in Troutman; more specifically identified as PIN #s 4740-79-2209, 4740-79-3013, 4740-78-3930, 4740-78- 3784, 4740-78-5683, 4740-78-8768, & 4740-79-8118. DIRECTIONS: South on Highway 115 (S. Main Street), on the left before Ostwalt Amity Road. SURROUNDING LAND USE: This property is surrounded by commercial uses to the south and residential uses to the north, east and west. SIZE: The property is 21.76 acres. EXISTING LAND USE: A portion of this property is being used for residential purposes and the remainder is vacant. ZONING HISTORY: This property, as well as the property to the north, east and west has been zoned RA since county wide zoning was established. The property to the south was rezoned from HB CUD to GB on July 1, 1986. OTHER JURISDICTIONAL INFORMATION: The Planning staff has met with Town of Troutman representatives, who felt this rezoning falls in line with future plans for the area. In the Town's recently adopted plan, the area is designated as Interchange Commercial. This is an area that contains retail and service uses primarily geared toward the traveling public at or near highway interchanges. Discussions with the Town planning staff indicates that the proposed use fits into that land use designation. The Town has already approved water and sewer service to the development, but has no immediate intentions to annex the property - 2 OTHER SITE CHARACTERISTICS: This property is not located in a water supply watershed. There is a small stream that runs through the northeast corner of the property. However, no development is proposed in that area. The property has 970 feet of frontage on Highway 115 (S. Main Street) and 981 feet of frontage on Ostwalt Amity Road. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITIES TRAFFIC: In 2006, the average number of vehicles per day on Highway 21 (S. Main Street) was 13,000 and on Ostwalt Amity Road there was 3,800. The capacity for Highway 21 is 13,800. There will be a requirement for a TIA and specific recommendations will be made to upgrade the road and improve access. SCHOOLS: Because this is a commercial rezoning, there should be no implications on local schools. FIRE MARSHAL: This proposal has been reviewed by the Iredell County Fire Marshal, and he had no problems or comments with regards to the request. EMS: This proposal has been reviewed by the EMS Director, and he had no problems or comments with regards to the request. REQUIRED REVIEWS BY OTHER LOCAL AGENCIES: The applicant will have to provide a site plan to the Planning Department for review to develop the property. The Town of Troutman will also review the site plan to make sure it is in compliance with the Unified Development Ordinance. Zoning requirements such as parking and screening will be reviewed at such time. The Erosion Control Division of the Planning and Development Department will review the plan for compliance with the County Soil Erosion & Sedimentation Control Ordinance. STATE: Other than the 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 Exit 42 Future Land Use Plan identities this area as suitable for neighborhood retail. This type of land use includes small-scale commercial developments that are intended to serve adjoining and nearby developments with low -impact retail uses. Such uses are not designed to supplant existing retail uses that are found elsewhere in Troutman. Although the Exit 42 Future Land Use Plan seems to call for a somewhat smaller -scale development at this location, the intended use falls in line with the proposed uses for the area. The grocery store and retail/office uses will serve a growing residential population in the area. Also, the County planning staff has been very active in participating in the development of Troutman's new land use plan and supports the proposed uses in that plan. The interchange at Exit 42 has experienced substantial commercial growth in the last year. Also, the area around the interchange has experienced a tremendous amount of residential growth as well. Since 2000, the County has approved 30 major subdivisions (1,213 lots) and 20 minor subdivisions (93 lots) within three miles of the site. That is an average of 175 lots per year within three miles of the site. Based on compliance with local land use plans, tremendous growth in the area, and surrounding commercial zoning districts, the Planning staff can support the proposed rezoning request. PUBLIC INPUT MEETING: The Public Input Meeting was held on April 29, 2008 at the Building Standards Center in Statesville. Approximately 15 people attended the meeting. Their questions pertained to the impacts on their property with regards to traffic, lighting, and property values. Mostly, the attendees seemed to be in favor of having this type of development at the location. No further conditions were added to the request based on comments from the meeting. SITE REVIEW COMMITTEE: Jackie Grigg and Alan Williams visited this site with the staff on June 17, 2008. PLANNING BOARD ACTION: On July 2, 2008, the Planning Board voted 9-0 to recommend approval of this request and to advise that it is consistent with the Exit 42 Future Land Use Plan. xxx** Commissioner Johnson mentioned there was only one access on Hwy. 21 Smith said this was correct. He said traffic would primarily be confined in the parameters of the development. Smith said the developers had also been asked to provide stubouts for the interior roads. He said the Department of Transportation would have the final determination on any other roads, and spacing and visibility would be factors to consider. 3 Dennis Watkins, with the Watkins Group, said the development would be phased, and it aligned with the master plan (neighborhood retail). He said there would be two water retention ponds onsite, and the development would have water and sewer. Watkins said lights would be installed, at the owners' expense, as needed. No one else desired to speak, and Chairman Norman adjourned the hearing. MOTION by Commissioner Johnson to approve the zoning map amendment and to make a finding that approval was consistent with the adopted Exit 42 Future Land Use Plan and that said approval was reasonable and in the public interest due to its consistency with the Exit 42 Future Land Use Plan; and as a result, said approval furthers the goals and objectives of the Exit 42 Future Land Use Plan. VOTING: Ayes — 5; Nays — 0. Chairman Norman declared the meeting to be in a public hearing. Consideration of a Countywide Farmland Protection Plan for Iredell County: Planning and Development Director Ron Smith said this public hearing was called on September 16, 2008, and to his knowledge, there was no opposition to the plan. Farmland Preservation Committee Chairman Jim Dobson said the plan was the culmination of seven years of work. He mentioned that agriculture was essential to society, and it was the number one industry and employer in Iredell County. Mr. Dobson emphasized that young farmers would primarily benefit from the plan, especially since they would have a mechanism to apply for grant assistance. He said the plan was created in a cooperative spirit between the farmland committee members, the county staff, and other agencies. North Iredell High School Agricultural Teacher Vaughn Sprinkle then introduced high school Ag teachers Jennifer Peters, Bryant York, and Mark Payne (Lake Norman High). In addition, he introduced Future Fanners of America Club Members Matt Current, Jane Campbell, Clint Beckham, Heather Snead, and Dale Baldwin. North Carolina State Grange President Jimmy Gentry advocated on behalf of the plan. He mentioned that North Carolina was experiencing a heavy loss of farmland, and over 100,000 acres were lost each year. Iredell County Farm Bureau President David Sides also advocated on behalf of the plan's adoption. The commissioners said the plan was comprehensive and well written. The board members thanked all contributors for the time and commitment that had gone into the plan's development. No one else desired to speak, and Chairman Norman adjourned the hearing. MOTION by Commissioner Williams to adopt the Countywide Farmland Protection Plan as submitted. VOTING: Ayes — 5; Nays — 0. The plan in its entirety is as follows: COUNTYWIDE FARMLAND PROTECTION PLAN FOR IREDELL COUNTY, NORTH CAROLINA ARTICLE I: STATEMENT OF NEED FOR ACTION Agriculture makes a major contribution to the well being of Iredell County residents, both those living within, and outside the county's cities and towns. In addition to direct contributions to the local economy in the form of product sale receipts and expenditures on farm services and inputs, along with employment on farms and farm support businesses, farmers also make significant contributions as stewards of the 4 remaining amounts of undeveloped land (often called "open -space") in the county. Their stewardship protects the county's soil and water resources, recharges groundwater and abates storm water runoff, connects wildlife habitat, and safeguards the scenic and historic vistas that have defined our county's character. For these reasons, it is in the county's interest to promote the local agricultural industry and protect farmland. Enabling farmers who want to continue to farm is a cost effective way of maintaining the quality of life of everyone in Iredell County. As demonstrated by data supplied below, Iredell County is losing farmland. Farming faces a unique set of stresses, some of which Iredell County with thoughtful action can help to mitigate. To better understand these stresses, and the steps the county can take to reduce them, it is helpful to first understand the history, geography (including the soil resource), economic trends, and regulations governing farming. It is also important to understand the values and concerns of the farmers themselves. ARTICLE II: AUTHORITY FOR COUNTY ACTION In 1986, the North Carolina General Assembly passed the North Carolina Farmland Preservation Enabling Act. The stated purpose of this Act is "to authorize counties to undertake a series of programs to encourage the preservation of farmland as defined herein." In addition to enabling counties to create Voluntary Agricultural District ordinances, which Iredell County adopted in June 2001, the Act also created the North Carolina Farmland Preservation Fund and enabled counties to develop purchase of agricultural conservation easements (PACE) programs. By later amendment, the General Assembly created a matching mechanism for distribution of Farmland Preservation Trust 2 Fund monies, with preference to counties adopting a countywide farmland protection plan. The Act declares that a countywide farmland protection plan shall: I. Contain a list and description of existing agricultural activity in the county. 2. Contain a list of existing challenges to continued family farming in the county. 3. Contain a list of opportunities for maintaining or enhancing small, family-owned farms and the local agricultural economy. 4. Describe how the county plans to maintain a viable agricultural community and shall address farmland preservation tools, such as agricultural economic development, including farm diversification and marketing assistance; other kinds of agricultural technical assistance, such as farm infrastructure financing, farmland purchasing, linking with younger farmers, and estate planning; the desirability and feasibility of donating agricultural conservation easements, and entering into voluntary agricultural districts. 5. Contain a schedule for implementing the plan and an identification of possible funding sources for the long -Tenn support of the plan. The statute suggests that such a countywide farmland protection plan may be formulated with the assistance of a Farmland Preservation Advisory Board, which Iredell County appointed as part of its Voluntary Farmland Preservation Ordinance. That board, known as the Iredell County Farmland Preservation Advisory Board, will take the lead role in administering this plan and reporting to the Board of County Commissioners on its progress. ARTICLE III: OVERVIEW OF IREDELL COUNTY AGRICULTURAL ACTIVITY A. Agricultural Production Iredell County's family farms produce a diverse array of agricultural products. These products include but are not limited to dairy, beef cattle, hatching eggs, corn silage, small grain, nursery crops, etc. B. Economic Impact of Agricultural Production Agriculture is ranked as Iredell County's number one industry, accounting for S 145,597,000 Total Market Value of Production according to the 2002 USDA Census of Agriculture. This illustrates agriculture's importance to the local economy. Agriculture is much more than fanning in that a substantial number of nonagricultural businesses supply the needs of farmers. These include processors, vehicle and equipment dealers and other enterprises. For these businesses to survive and prosper, a core critical mass of farmers must be preserved and vice -versa. Though difficult to measure, these many businesses supporting agriculture undoubtedly account for a significant portion of Iredell County's employment base. C. Family Farm Statistics Family farms make up the majority of agricultural production in the county. According to the 1997 USDA Census of Agriculture, Iredell County's agriculture industry consists of predominately family owned businesses with 90.2 % of farms owned by individuals or families. In 1997, there were 1387 farms in Iredell County. Since that time the number of farms has decreased to 1262 farms in 2002. In that same time period, the average farm size has remained the same at 116 acres. In 2002, 56.7 % of Iredell County farms were 50 acres or more in size. In 2002, 57.1 % of Iredell County farmers considered farming to be their principal occupation. D. Farm Land Use Trends According to the 2002 Census of Agriculture, Iredell County had 146,556 acres in farms, representing 38.6 % of the total county land base. These lands included 55,846 acres of harvested cropland. In the 1997 Census, the county had 156,748 acres in farms, a decrease of 10,192 acres over the five year period between surveys. k, E. Agricultural Soils Soils in Iredell County are loamy, a mixture of sand and clay which varies in its proportions from one section of the county to another depending on the indigenous mineral structure. To be agriculturally productive, the Iredell soil must be chemically supplemented. The county is however, naturally well drained and watered by the venation of its numerous creeks. ARTICLE IV: CHALLENGES TO AGRICULTURE IN IREDELL COUNTY While the agricultural industry remains an important part of Iredell County's economy, both farmers and farmland owners believe that there are numerous challenges they must face. To help address the challenges facing agriculture, some Iredell County farmers and farmland owners are participating in a variety of local and state programs. Following are some of the specific challenges faced in the farming community. A. Falling Prices, Escalating Input Cost and Low Profitability. Low commodity prices, coupled with rising costs of production, have resulted in low profitability and inadequate farm income for farmers across North Carolina. This affects the farmer's cash flow, receivables, return on investment, and incentive and ability to invest in continued operations, thus making the farmer's hold on his or her business untenable. Iredell County farmers have identified low prices as well as the high costs of taxes, labor, regulatory compliance requirements and utility expenses as factors affecting their bottom line. B. Aging Farm Operators. In North Carolina, the average age of a farm operator is 55. In Iredell County, the average age of a farm operator is 57. The number of Iredell County farmers older than age 65 is 5 times greater than the number of farmers under 35. This indicates that a large transition will take place over the next 20 years, and with fewer younger farmers available to take over production on these farms, many may fall out of production and be divided up and sold through estate settlement processes. Additionally, generations of farming expertise may be lost, an invaluable asset to the local agricultural economy. C. Rising Property Values and Taxes. As suburban development increases in rural areas, land prices invariably increase, which has been the case in Iredell County. Increasing land prices restrict a farmer's ability to purchase more land on which to operate, thus restricting his or her flexibility to change their agricultural operation or otherwise produce more to increase their income. D. Conflicts with Non -farmer Neighbors. Iredell County farmers have indicated that conflicts with non -farming neighbors are increasing. As residential development moves to the farm's edge, new neighbors find themselves faced with the realities of agricultural production processes: dust, livestock smells, noise from machinery, slow moving farm equipment on roadways. Complaints create a hostile operating environment, can end up in costly litigation, and at worst, can result in curtailing a farmer's ability to operate his or her farm. E. Loss of Local Farm Services. As noted above, a large amount of Iredell County businesses support agriculture enterprises, and in turn count on agriculture as a large portion of their service base. As farms cease to operate, local businesses depending on that revenue close or relocate further away from agricultural production areas. With the loss of these support businesses, farmers incur rising costs due to delays in their own production due to the lack of an urgently needed service (such as tractor repair) that only a nearby business can provide in the critical amount of time, or they may have to travel further for needed services adding time and travel expenses to their operation. Additionally, farming is a unique business, and the loss of support businesses, particularly in the financial sector, means a drain from the county of service providers who understand the unique needs of agricultural producers. F. Fractured Infrastructure from Poorly -planned Residential Development. Time is a very important asset in agricultural production. The ability to achieve certain goals within certain windows of weather and season are critical to successful farming. Often these schedules are based on the farmer's reliance of corridors of transportation between fields, services and markets. As poorly - planned development encroaches into farming areas, these corridors between fields or other necessary destinations can be disrupted, increasing farmers travel time and operating costs. Also, increased traffic in these corridors imposes similar costs. ARTICLE V: OPPORTUNITIES FOR ENHANCING AGRICULTUREMORTICULTURE IN IREDELL COUNTY A. Guiding Principles behind this Plan 1. Integrate economic development with farmland protection. Keeping farms viable is as important as protecting the resource base essential for farming and it is more cost efficient. 2. Target agricultural and farmland protection initiatives toward blocks of viable farmland. 3. Educate consumers and elected officials on the relationship between a healthy local agricultural economy and the public benefits working farmland provide. 4. Give fanners incentives to protect farmland in giving them a fair return for the benefits their stewardship of the land provides the non -farming public. 6 5. Examine the long-term cost effectiveness of incentive programs that compensate farmers for not developing their land. By combining tax, spending and regulatory programs, local communities can strongly support agriculture and meet budgetary needs. 6. Develop land use policies and zoning ordinances that work for agriculture. Conventional `large -lot" zoning is ineffective because it accelerates residential development and converts agricultural areas into lots that are too small to farm. 7. Encourage inter -municipal cooperation. Since farming spans town and county borders, farmland protection requires cooperation between towns and among levels of government. Efforts to promote development in one town can derail farmland protection efforts in bordering towns. 8. Develop a coalition of interests to support agricultural and farmland protection efforts. Reach out to non -farmers by organizing farmers' markets, farm events and workshops. Unite the farmland protection interests of farm and non-farm community members by protecting farmland that provides scenic views, includes important water resources, or preserves historic landscapes. 9. Promote thoughtful land use planning to prevent conflicts between farmers and neighbors. Manage residential growth in farming communities; buffer farms from neighboring large-scale residential developments. B. Existing Efforts and Agricultural Protection Tools L County Comprehensive Land Use Plan The 1997 Iredell County Land Use Plan makes no reference to agricultural lands in Iredell County. Starting in 2008 Iredell County has contracted with Clarion and Associates to do a new County Wide Land Use Plan. Agriculture will play an important role in developing this new plan. 2. County Voluntary Agricultural District Program. On June 19, 2001 Iredell County passed a VAD ordinance. Also pursuant to the ordinance, a Farmland Preservation Advisory Board was appointed by the Board of County Commissioners to represent agricultural interests in the county. While the VAD ordinance encourages investment in agriculture, it does not represent a permanent land protection measure as districts rely heavily on voluntary enrollment and allow for withdrawal. On December 4, 2007 Iredell County adopted in addition to the VAD an Enhanced Voluntary Agricultural District Program. This program is based on a 10 year irrevocable agreement with the county to forego developing their land for a period of ten years. The trade off on this program is that the famer is eligible to receive higher percentage of cost share money, is able to sell up to 25% non-farm products and still be exempt from zoning, and state department, agencies and institutions that award grants are encouraged to give priority consideration to these farms. 3. Purchase of Agricultural Conservation Easements (PACE) Program. On April 5, 2005 Iredell County made a resolution adopting a Purchase of Development Rights (PDR) program that was created with the help of the Iredell County Farmland Preservation Board. The Purchase of Development Rights (PDR) program is to preserve large tracts of land for the protection of agriculture and open space. Additionally, the program seeks to safeguard lands in watershed districts and environmentally sensitive areas. For the purpose of agricultural purchase of development rights, the program strives to conserve and protect agricultural lands, maintain sustainable agriculture operations and promote the agricultural heritage and culture of Iredell County. The program is completely voluntary and builds upon the efforts already established in the County through the Voluntary Farmland Preservation Districts. 4. State Conservation Funding Tools a. Farmland Preservation Trust Fund. The North Carolina FPTF is created by statute "for the purchase of agricultural conservation easements" in transactions with both governmental and private non-profit organizations. These monies, when available, can be matched with certain federal funds described below. The FPTF is administered by the Department of Agriculture or its designee. b. Clean Water Management Trust Fund. The North Carolina CWMTF is a voluntary, incentive -based water quality program to help local governments, state agencies and conservation non-profit groups finance projects to protect and restore surface water quality. Farm and forest land owners are eligible to receive trust fund monies for sale of the development rights to their land under certain guidelines and qualifications. These funds can be combined with certain federal conservation funds listed below. c. Division of Soil and Water Conservation Agricultural Cost -Share. This program is administered by the Division of Soil and Water Conservation in the Department of Environment and Natural Resources. It is delivered at the local level by 492 elected and appointed volunteer District Supervisors who are assisted by a cadre of experts. Participating fanners receive 75% of predetermined average costs of installed best management practices (BMPs) with the remaining 25% paid by farmers directly or through in-kind contributions. Some applicants may be eligible to receive as much as $75,000 per year. Also the program provides local Districts with matching funds (50:50) to hire personnel to plan and install the needed BMPs, including Riparian Buffers, Strip cropping, and Grassed Waterways. d. Natural Heritage Trust Fund. Like the FPTF and CWMTF, this fund may be available to purchase development rights on properties with outstanding natural or cultural values. e. North Carolina Conservation Tax Credit. North Carolina law allows a credit against individual and corporate income taxes when real property is donated for conservation purposes. Interests in property that promote specific public benefits may be donated to a qualified recipient. Such conservation donations qualify for a substantial tax credit. 7 5. Federal Conservation Funding Tools Below are some of the voluntary federal programs that are part of The Farm Security and Rural Investment Act of 2002 (commonly known as the 2002 Farm Bill) and administered by the Natural Resources Conservation Service (NRCS) and Farm Services Agency (FSA) of the United States Department of Agriculture (USDA). They are designed to compensate farmland owners for the conservation value of their land. Like local PACE programs, they have the dual effect of safeguarding the environmental benefits of farmland as open space while injecting dollars into the local economy via the farmland owner. a. Farm and Ranchland Protection Program (FRPP). The Farm and Ranchland Protection Program provides federal funds to help purchase development rights, keeping productive farmland in agricultural use while compensating the farmland owner for the conservation value of his or her land. The FRPP program matches state and local PACE programs up to 50% of the easement purchase price, working through state, tribal and local governments and land trusts. b. Conservation Reserve Program (CRP). The Conservation Reserve Program reduces soil erosion, protects the nation's ability to produce food and fiber, reduces sedimentation in streams and lakes, improves water quality, establishes wildlife habitat, and enhances forest and wetland resources. It encourages farmers to convert highly erodible cropland or other environmentally sensitive acreage to vegetative cover, such as tame or native grasses, wildlife plantings, trees, filter strips, or riparian buffers. Farmers receive an annual rental payment for the tern of the multi-year contract. c. Conservation Reserve Enhancement Program (CREP) (where available). CREP is a voluntary program that seeks to protect land along watercourses that is currently in agricultural production. The objectives of the program include: installing 100,000 acres of forested riparian buffers, grassed filter strips and wetlands; reducing the impacts of sediment and nutrients within the targeted area; and providing substantial ecological benefits for many wildlife species that are declining in part as a result of habitat loss. Under CREP, landowners can voluntarily enroll eligible land in 10 -year, 15 -year, 30 -year, and permanent contracts. The state will pay additional bonuses to landowners that enroll land in 30 -year and permanent agreements. Cost sharing will be available for installation of forested riparian buffers, grassed filter strips, wetlands restoration practices, water control structures, livestock exclusion, and remote livestock watering in order to increase the efficiency of enrolled practices. Currently available in the Neuse, Tar -Pamlico and Chowan river basins and the Jordan Lake watersheds. d. Wetlands Reserve Program (WRP). The Wetlands Reserve Program offers landowners the opportunity to protect, restore, and enhance wetlands on their property. The NRCS provides technical and financial support to help landowners with their wetland restoration efforts. The NRCS goal is to achieve the greatest wetland functions and values, along with optimum wildlife habitat, on every acre enrolled in the program. The WRP offers landowners three options: permanent easements, 30 -year easements, and restoration cost -share agreements of minimum 10 -year duration. e. Environmental Quality Incentives Program (EQIP). This program provides a source of funding for nutrient management systems. The program offers technical, financial, and educational assistance in designated priority areas to install or implement structural, vegetative, and management practices called for in five to ten year contracts for most agricultural land uses. f Wildlife Habitat Incentives Program (WHIP). This program encourages creation of high quality wildlife habitats that support wildlife populations of national, state, tribal and local significance by providing technical and financial assistance to landowners and others to develop upland, wetland, riparian, and aquatic habitat areas on their property. 6. State Right -to -Farm Law By statute, North Carolina farmers are granted the right to farm without legal interference from non-farm neighbors and local governing bodies, subject to certain limitations. Pre -litigation mediation of farm nuisance claims is mandatory. 7. Present Use Value Property Tax Working farm, forest and horticultural lands by state statute are afforded a property tax assessment based on their agricultural working value, as opposed to the value of their land for industrial or residential development. A working farm must earn $1000 in gross sales annually to qualify for this differential assessment. This assessment affords farmers some amount of cost control that would otherwise limit their ability to farm profitably. ARTICLE V1. IMPLEMENTATION OF THIS PLAN TO ENSURE A VIABLE AGRICULTURAL ECONOMY IN IREDELL COUNTY Enhancing the Local Agricultural Economy Implementation of this plan should begin with the new County Wide Comprehensive Plan. Agriculture is an integral part of the counties well being and should be thoroughly addressed in this new comprehensive plan. Some of the following items should be included in the comprehensive plan to help preserve and enhance agriculture in Iredell County. The Farmland Preservation Advisory Board along with County staff will need to work jointly on the remaining items to insure this plans effectiveness. A. Strengthen Farm Viability and the Agricultural Economy 1. Economic Development The Farmland Preservation Advisory Board along with county staff and the local chamber of commerce and the local development corporations will need to do the following. 8 a. Determine priorities and develop strategies for achieving benchmarks for economic development efforts. b. Identify and seek additional funds for economic and business development for county initiatives and individual producers through grant writing. c. Communicating and meeting on a regular basis with stakeholders in agricultural economic development process. d. Developing marketing initiatives for local agriculture. 2. Expand Business Development Assistance to Farm Businesses. To meet the challenges outlined above farmers need more access to business development assistance, particularly as traditional agricultural markets fade and alternative enterprises are needed. This assistance includes business development and planning, market research and communication, and financing opportunity. Efforts to increase assistance include: a. Working with North Carolina Cooperative Extension to disseminate published materials on agricultural business issues to area professionals to expand their knowledge of agriculture thus increasing their ability to assist farmers. b. Offer workshops to farmers on business planning and development, research, marketing, financing, conservation funding, and estate planning. c. Provide grant -writing assistance for federal, state and other non-profit funding opportunities to assist with diversification, etc. 3. Expand Efforts to Promote Iredell County Farm Businesses and Farm Products. The development pressures on agriculture outlined in Article IV above also provide opportunities for county farmers and agribusinesses in the form of new consumers. Every effort should be made to educate them on the association between a healthy local agricultural economy and the life-style many have sought to achieve by locating to our county. These efforts could include: a. Creation of a website and other print publications to identify locally grown products. This website can also be used by farmers to identify purchasing opportunities and renting of land; b. Work with the organizers of the local farmers markets and assist with their marketing effort where possible; c. Work with local retail stores and restaurants to purchase and promote products grown locally in the county; d. Work with local institutions such as schools and state offices to purchase food grown locally; e. Expand cooperative efforts with neighboring counties to create a regional identity that includes promotion of agriculture; and f Sponsorship of festivals, farm tours and other public recognition. 4. Improve the Marketing Capacity m of Farmers: Traditionally, fanners have relied on off -far distributors to handle marketing and price negotiation for their products. Increasingly, farmers will recognize the value of direct marketing their products to county residents as they diversity and specialize their production. In addition to the steps outlined above, this item could include: a. Formation of new generation farm cooperatives for marketing purposes, financing of new ventures and purchasing of raw materials, such as fuel and electricity, or formation of less formal bargaining groups to jointly purchase farm supplies, cooperatively advertise farm products, provide better outlets for cull -dairy cows and facilitate use of custom service. b. Develop marketing workshops with input from fanners from other counties who have successfully diversified and direct -marketed their production. B. Support Farm Operations and the Right -to -Farm 1. Encourage the County and Towns to Meet the Infrastructure Needs of the Farm Sector a. Adopt Sensible Zoning and Subdivision regulations. Zoning regulations must be written to allow farm businesses the flexibility to adapt their operations to new markets or otherwise expand existing operations. For example, some zoning laws may restrict "farm stands," road -side on-farm retail establishments. Careful consideration should be taken in drafting restrictions on farm stands to allow farmers to better market their on -faun products. b. Address other infrastructure needs including working with state Department of Transportation on road maintenance priorities and needed signage near farm operations. 2. Support the Right -to -Farm: County and town officials should become familiar with the state right to farm law and seek to improve neighbor relations and general understanding of commercial farm activities and needs to reduce nuisance suits and generate positive public support for local agriculture. Action items can include: a. Ensuring notice requirements under the Voluntary Agricultural District ordinance are followed in the counties land records system as well as posted notice in the tax office, as well as maintaining road signage in agricultural production areas. b. Creating a "neighbor relations" packet for distribution to new county residents by the Chamber of Commerce, Visitors Bureau, tax office, etc. This can also be made available to farmers wishing to further educate their neighbors on fanning operations. c. Provide real estate brokers and lawyers with Voluntary Agricultural District maps, the above "neighbor relations" packet, and printed disclosure notices of agricultural operations and encourage them to share these materials with their clients. d. Create an easy to understand brochure on the realities of living in agricultural areas and make available for distribution, and add such information to the county website. 9 e. Encourage respect for farm property. f. Set up local arbitration referral program for farm -neighbor disputes. Pre -litigation mediation of farm nuisance suits is required in North Carolina. g. Encourage municipalities to seek input from the Farmland Preservation Advisory Board when developing and revising local ordinances. 3. Continue Support for Technical Assistance to Farm Operations. County staff and the Farmland Preservation Advisory Board should undertake to be aware of the various service offered to farmers by Cooperative Extension, Soil & Water, NRCS and FSA, and should have available information on these services with contact information available to new and existing county farmers. C. Protect Farmland as a Valuable Natural Resource I. Encourage Local Land Use Policies that Support Agriculture and Protect Farmland. How a county plans for growth will greatly impact the viability of its agricultural economy. The county should, through its land use planning (or review of its Comprehensive Land Use Plan) develop policies which take into consideration agricultural production and development. The planning board should include input from the Farmland Preservation Advisory Board in the planning process. Such policies and actions can include: a. Incorporate elements of this plan in the Comprehensive Plan. b. Offer officials and landowners training in planning techniques and infrastructure planning to encourage agriculture. c. Develop model zoning and subdivision ordinances or principles and distribute to towns for use in their local planning. d. Tailor zoning ordinances and subdivision regulations to guide growth away from farming areas and buffer farms from neighboring land uses. e. Require buffers between residences and farm fields and buildings as part of new residential subdivisions. f Implement development guidelines that include soil classifications as criteria for prioritizing agricultural land. 2. Promote Tax Relief Incentives: The County should undertake to ensure that county tax assessors have knowledge of the state's Present Use Value statute with continuous training as necessary, and should undertake to educate farmland owners on the program, and how to apply and comply with present use valuation of farmland. 3. Provide Technical Assistance on other Farmland Protection Initiatives and Conservation Options. The county staff, with the support of the Farmland Preservation Advisory Board, should develop educational programs for county farmland owners. The programs, in cooperation with local Cooperative Extension, NRCS, FSA, Soil & Water Conservation District staff, as well as area conservation groups such as land trusts, watershed protection groups, and wildlife organizations, should make fanners aware of the various conservation funds available for easement purchases, the tax benefits of donated easements, and basic principles of estate planning with conservation options. 4. Educate the non farming public on the environmental protection henef tr of farmland protection and the detriments of its conversion. Develop a public education campaign to tie consumer support of local agriculture with open -space, clean water and air benefits, and enhanced wildlife habitat working farm and forestland provides. Include input from the local Cooperative Extension, Soil & Water Conservation District, Resource Conservation and Development district, and area land trust on specific faun -related conservation projects they have worked on. Tie the education campaign to specific initiatives under this plan to build public political support for protection tools such as funding for a PACE program. D. Foster Greater Recognition and Public Support for Agriculture L Foster Greater Appreciation .for Agriculture Among Government Of and Nonfarm Residents through Education and Outreach Efforts a. Continuing education of county and municipal officials and planning board members on farming issues and basics of agricultural law, as well as education on planning options that concentrate growth near existing centers and infrastructure. County officials should place a regular briefing by members of the Farmland Preservation Advisory Board on their meeting agendas. b. Continuing efforts to keep members of the agricultural community involved in local government and planning. 2. Improve Communication and Networking within the Farm Community. The county Farmland Preservation Advisory Board should continue to represent the farming community in matters before the county government and should foster communication among fanners and agribusinesses to help foster a sense of community in the agricultural sector. Actions could include: a. Hold a fanner symposium and/or appreciation dinner at which fanners have the opportunity to network with farmers from other commodity sectors and different areas of the county. b. Encourage farmers to use the county website established above. c. Develop a county -level farm transition program, which may include programs where older farmers transition skills to younger new farmers. 3. Develop Stronger Connections Between Schools and Local Farms. Schools offer an excellent opportunity to educate students and their parents about the importance of local farms. a. Encourage local farms and orchards to offer tours to school students, and make schools and teachers aware of available educational tours for students by distributing materials to area schools at the beginning of each school year. 10 b. Coordinate with the North Carolina Farm Bureau's Ag in the Classroom program. c. Encourage school administrators (or the county school board) to purchase local produce for county schools. Key Stakeholders and Their Roles in Implementing the Plan 1. Town Governments: Several issues affecting agriculture such as land use planning and zoning actions within a town's extra -territorial jurisdiction (ETJ), municipal service plans and local business promotion are best addressed at the municipal level. 2. County Government: By adopting the plan, the county Board of Commissioners has made agricultural protection official county policy. The county, through the Farmland Preservation Advisory Board, has committed to take the lead role in implementing this plan and drawing together the key players to coordinate its efforts and policies. The county Board of Commissioners bears the responsibility for approving any funding to help implement this plan. 3. State Agencies: Some key agencies providing assistance to agricultural producers in the county are North Carolina Cooperative Extension, North Carolina State University, and North Carolina A&T State University. The Soil & Water Conservation District provides technical support and cost -share funding to farmers for adopting certain conservation and water quality improvement practices. The Department of Agriculture and Consumer Services provides data on Voluntary Agricultural Districts throughout the state, as well as marketing advice to agricultural producers. 4. Federal Agencies: USDA has a strong presence in Iredell County with its NRCS and FSA local offices. NRCS administers financial and technical assistance program for farmland protection and conservation initiatives, including grants for best management practices, habitat improvement and purchase of development rights. FSA lends money to operators and provides credit counseling and farm business consulting. 5. Business and Industry: Participation of local farm businesses in this plan is critical to its implementation. Private industry, both farm supply and nonfarm businesses and the Chamber of Commerce play an important role in promoting the agricultural sector of the county's economy. These organizations should also help in developing new markets such as tourism that will benefit agricultural producers. 6. Non-governmental Organizations: Organizations such as land trusts, historic preservation groups, and groups dedicated to assisting agriculture provide necessary advocacy and other service necessary for implementation of this plan. 7. Residents: The success of this plan ultimately relies on the participation of county residents in the local agricultural market. The proximity of their purchases to the producers ensures that more of each dollar paid for an agricultural item will return to the farmer, thus increasing his or her profitability and increasing the likelihood that he or she will continue to farm their land. Residents of the county can also recognize the importance of working farms to the local economy and environment and heritage of Ircdell County by supporting an effort to establish and subsequently support funding for a purchase of 1 Census of Agriculture, North Carolina Table 11, "Tenure and Characteristics of Operator and Type of Organization: 1997 and 1992," p. 334. 2 NCGS §106-744(c). 3 NCGS § 113-145.1 et seq. More information on the fund is available at www.cwmtf.net. 4Other program summaries that assist farmers in controlling non -point source runoff are available at www. en r. state.nc. us/DSWC e NCGS §113-77.7 6 Consult NCGS §§105-130.34 and 105-151.12 for the specific requirements of the CTC Program. For more information see www.enr.state.nc.us/conservationtaxcredit. 7 For more program information and legislative authority, see www.nres.usda.gov/programs/farmbill/2002. 8 CREP is listed here under federal programs, although it is partially funded by Clean Water Management Funds and administered by North Carolina Division of Soil and Water Conservation. 9 NCGS §7A-38.3. Chairman Norman declared the meeting to be in a public hearing. Consideration of an Application to the North Carolina Department of Commerce for a Community Development Block Grant for Economic Development: Deputy County Manager Susan Blumenstein said that even though Providencia USA might delay plans to construct an industrial facility at the West Farm Industrial site, a recommendation was being made to follow through with the CDBG application and public hearing. Blumenstein said the grant funds of $563,775 would be used to provide rail access to the Providencia site. No one else requested to speak, and Chairman Norman adjourned the hearing. MOTION by Commissioner Tice to allow the staff to apply for the CDBG grant as presented and to allow the Chairman to execute the related documents. VOTING: Ayes — 5; Nays — 0. 11 The following documents/resolutions are included in this request. A. Application Summary: NC Small Cities Community Development Block Grant Program for Economic Development B. Resolution for Iredell County's Application for Community Development Block Grant Funding for the Providencia Rail Spur Project RESOLUTION FOR IREDELL COUNTY'S APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE PROVIDENCIA RAIL SPUR PROJECT WHEREAS, the Iredell County Board of Commissioners has previously indicated its desire to assist in economic development efforts within the County; and WHEREAS, the Board has held two public hearings concerning the proposed application for Community Development Block Grant funding to benefit Providencia USA; and WHEREAS, the Board wishes the County to pursue a formal application for Community Development Block Grant funding for $560,000 to benefit Providencia USA; and will invest monies into the project as committed to in the application. NOW, THEREFORE BE IT RESOLVED, by the Iredell County Board of Commissioners that Iredell County is authorized to submit a formal application to the North Carolina Department of Commerce for approval of a Community Development Block Grant for Economic Development to benefit Providencia USA. C. Disclosure Report for Federally Assisted Projects Small Cities Community Development Block Grant Program D. Resolution for Iredell County's Plan to Further Fair Housing - Community Development Block Grant Program RESOLUTION FOR IREDELL COUNTY'S PLAN TO FURTHER FAIR HOUSING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, Iredell County is participating in the Community Development Block Grant Program under the Housing and Community Development Act of 1974 as administered through the North Carolina Department of Commerce; and WHEREAS, a Fair Housing Plan is required for the County's CDBG project; and WHEREAS, the County desires that its citizens be afforded the opportunity to obtain the national objective of a decent, safe and sound living environment; and WHEREAS, the County deplores discrimination in the provision of housing on the basis of race, religion, color, creed and/or national origin; and WHEREAS, the County desires that every citizen be afforded the opportunity to select a home of their choice. NOW, THEREFORE BE IT RESOLVED, that to accomplish the above, the Iredell County Board of Commissioners hereby adopts an Update of the attached Plan to Further Fair Housing to be used throughout the implementation of the County's Community Development Block Grant project, and takes the following action: (1) The Board of Commissioners does hereby appoint the County Manager, or his designate, as Fair Housing Compliance Officer, and (2) The Fair Housing Compliance Officer shall receive and review any and all grievances concerning discrimination in the provision of housing. Within ten (10) working days of receiving a housing discrimination complaint, the Fair Housing Compliance Officer or his designee shall inform the North Carolina Hunan Relations Council (NCHRC) about the complaint and will advise the complainant of this action. The Fair Housing Compliance Officer or his designee will then assist the NCHRC and the complainant in filing an official written discrimination complaint with the NCHRC, pursuant to the State Fair Housing Act and Title V ITI of the Civil Rights Act of 1968. E. Plan to Further Fair Housing - Iredell County Community Development Block Grant Program F. Certifications Regarding Debarment, Suspension and other Responsibility Matters G. Legally Binding Commitment 00 040% IMIT" 040 MOTION by Commissioner Tice to approve the following ten consent agenda items VOTING: Ayes — 5; Nays — 0. 12 (All items were explained during the briefing session.) 1. Request from the Troutman Fire Department, Inc., for Approval of a Resolution for the Construction of Station 3 at the Bells Crossing Development off Perth Road, Along with the Purchase of Fire Apparatus in an Amount up to $2,000,000: (This request/resolution was approved. Please see briefing minutes for additional information.) Resolution Approving the Financing by Troutman Fire Department, Inc. of up to $2,000,000 for the Station 3 Project WHEREAS: The Troutman Fire Department, Inc., has determined to finance an amount of up to $2,000,000 for the construction of Troutman Station 3 and the purchase of two fire apparatus. The United States Internal Revenue Code requires that for such financing to be carried out on a tax-exempt basis, the board of commissioners must first approve the financing. The fire department has held a public hearing on the financing, after publishing a notice, as required by the Code, and the fire department has reported the proceedings of the public hearing to the board of commissioners. BE IT THEREFORE RESOLVED by the Board of Commissioners of Iredell County, North Carolina, as follows: 1. The county is satisfied that the VFD has met the legal requirements regarding the public hearing as required for the tax-exempt financing. 2. The county approves the Troutman Fire Department's request to enter into the financing, as required under the Code, in order for the financing to be carried out on a tax- exempt basis. 2. Request for Approval of Budget Amendment #10 for the Transfer of Funds from Reserve for Debt Service to the West Iredell Volunteer Fire Department to Cover FY 09 Debt Service: Fire Marshal Lloyd Ramsey advised that a transfer of $45,000 to the West Iredell VFD was needed for an annual truck payment. He said that when the FY08-09 budget was prepared, the staff failed to carry the debt amount over to the new year. BA#10 To transfer funds from Reserve for Debt Service to West Iredell VFD to cover FY 09 debt service ecount # Current Change Amended Reserved for Ratings Impvms Harmony VFD 671,000 742,715 (47,000) 47,000 624,000 789,715 200525 537604 00525 580052 Reserve for Debt Service 330,080 (45,000) 285,080 00525 5376.12 West Iredell VFD 268,950 45,000 313,950 3. Request for Approval of Budget Amendment #11 for the Transfer of Funds from Reserve for Ratings Improvements in Conjunction with the Harmony Volunteer Fire Department's Purchase of Equipment for a new Fire Truck: Fire Marshal Lloyd Ramsey said $47,000 worth of equipment was needed for Harmony's new truck. He said the new equipment would help with insurance ratings, and due to a point system, the equipment couldn't be taken from other trucks. BA#11 Account # To transfer funds from Reserved for Ratings Improvements to Harmony VFD to purchase equipment for a new fire truck Current Change Amended 200525 580058 Reserved for Ratings Impvms Harmony VFD 671,000 742,715 (47,000) 47,000 624,000 789,715 200525 537604 13 4. Request for Approval of Budget Amendment #12 for the Appropriation of Remaining Funds in the Gang Violence Prevention Grant Awarded to the Sheriff's Department: Deputy County Manager Susan Blumenstein said a $51,331 grant was awarded to the Sheriff's Department in 2007, and all remaining funds needed to be appropriated before December 31, 2008. BA#12 To recognize the remainder of Gang Grant Proceeds in the Sheriffs Department Account Current Change Amended 10451043580015101 Gang Intervention Grant - (51,331) (51,331) 100510510004 15101 Salaries - Regular 41,265 (19,358) 21,907 10051051250115101 FICA 3,156 (1,341) 1,815 10051053620015101 Travel - 2,363 2,363 100510535000 15101 Departmental Supplies 43,090 43,090 10051062000015101 on -Depreciable Assets 26,577 26,577 5. Request from the Office of Emergency Management for Permission to Apply for a 2009 Hazard Mitigation Assistance Program Grant ($10,500 + 25% local match) & the Appointment of David Martin as the County's Designated Agent for the Application Process: Communications Director David Martin said the Multi -Jurisdictional Hazard Mitigation Plan needed to be updated, and the Federal Emergency Management Agency was providing grants ($10,500). He said a 25% match was needed and this could be included in the FY 09/10 budget. Martin said there would not be any ongoing costs originating out of the grant. 6. Request from the Sheriff's Department for Approval of a Resolution Regarding the Badge & Sidearm of Deputy Wayne Mills: Purchasing Agent Dean Lail said former deputy Wayne Mills retired from the sheriff's department in 2007, and recently, a request was submitted to allow Mills to purchase the sidearm previously assigned to him. Lail said that in keeping with past tradition, a resolution had been drafted to accomplish the request. RESOLUTION REGARDING THE BADGE AND SIDEARM OF DEPUTY WAYNE MILLS WHEREAS, Deputy Wayne Mills has served honorably in the Iredell County Sheriff's OJJice and has successfully met the requirements for retirement and does, upon the occasion of his retirement, request to be permitted to retain his badge and to purchase his service sidearm. NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners of Iredell County, that said badge be awarded to Deputy Wayne Mills at no charge and that he be allowed to purchase his service sidearm for the sum of One Dollar ($1.00), as provided by G.S. 20-187.2. One (1) Glock Model 22 Serial #ALD327US 7. Request from the Sheriff's Department for Adoption of a Resolution Declaring a Shotgun Surplus & the Authorization for the County Purchasing Agent to Dispose of the Weapon through a Private Sale to Retiree Ronald N. Wyatt: Purchasing Agent Dean Lail advised that a shotgun previously assigned to Retiree Ron Wyatt was no longer needed, and the sheriff's department desired to place the weapon in surplus. Lail said Retiree Wyatt had made an offer to purchase the weapon for $225.00, and a notice of the private sale would be advertised in the local newspaper as required by state law. Resolution Authorizing the Sale of Certain Surplus Personal Property by Private Sale WHEREAS, the County of Iredell has possession of a shotgun that is surplus to its needs and desires to dispose of same; and WHEREAS, said weapon has a certain sentimental meaning to Deputy Ronald N. Wyatt, Iredell County Sheriff's Office, who has made an offer to purchase the shotgun for a fair and reasonable negotiated price. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Iredell County that the Purchasing Agent, pursuant to the provisions of N.C.G.S. 160A-267, is hereby authorized to dispose of the listed personal property by private sale to Deputy Ronald N. Wyatt. One (1) Mossburg 590 SN: 8234228 14 8. Request from Animal Services and Control for Revisions to the Fees/Fines Schedule (Additional fee for Spay -Pregnant Cat @ $80; Spay -Pregnant Dog or over 80 lbs. @ $100; Neuter Dog over 80 lbs. @ $90; plus $20 fee for Supplemental Pain Medications: Animal Services Manager Chris Royal said Forsyth County had previously been used for spay/neuter services, but now, Catawba County was the preferred site. She said this was due to Forsyth County discontinuing transportation, and if the county remained with this agency, a large box van would need to be purchased to transport the animals. She said the van purchase could be eliminated if Catawba County were used; however, Catawba had higher fees. Royal said four new charges would need to be added to Iredell County's fee schedule due to the site change. The revised fee/fine schedule is as follows: IREDELL COUNTY ANIMAL SERVICES AND CONTROL Fees for Services and Fine Schedule* *Approved by the Iredell County Board of Commissioners effective 1012108 *Additional cost, due to fee schedule of new spay/neuter clinic. 15 FEE PER ITEM ... _ owl 11 01111 rim! u 11 a• 11 •e • - • •••, 11•. MIMI 91 My OR "M M c:, ••• • ' 111 u _ • '.:111 • 111 �•• • '\!111 - �•• • '.:111 - • • a ' 111 •. - - • •. 111 y c o•. 1 11 • 1 11 rn-r fix. •• r. -, •. • .J• Fri 1 11 ' Me•O • Mills - • •• a ' 111 • 11 *Approved by the Iredell County Board of Commissioners effective 1012108 *Additional cost, due to fee schedule of new spay/neuter clinic. 15 Civil Penalty Fine Schedule: First offense Second offense Third offense Each additional offense Level 1 $75.00 $10000 $125.00 $150.00 Level II $125.00 $175.00 $20000 $250.00 Levo III $175.00 $200.00 $250.00 $250.00 Level IV $25000 $325.00 $.50000 $500.00 Level I Dogs not under direct control and/or at large; Sec. 38 (a) Failure to properly dispose of a dead animal; Sec. 3-8 (f), (9) (g) Failure to immunize a dog or cat against rabies; Sec. 3.9 (a), (2) Public nuisance determination; Sec. 38 (d) Level 11 Failure to keep a ferrate dog in a secure enclosure during estrus period; Sec. 38 (b) Public nuisance anirra at large after bang deemed a public nuisance; Sec. 38 (d), (4) Possession of an animal o✓vned by another without permission of annier/caretaker, Sec. 38 (c) Level III Animal cruelty/cruel treatrrent and associated violations Section 3-8 (e), 1-11 Failure to comply with a dangerous dog order, Sec. 3-8 (f), (9) (e), (6) ii Failure to corrply with a potentially dangerous dog order, Sec. 3-8 (f), (9) (e), (1) — (5) & (6) i Failure to maintain secure enclosure, direct control or restraint of a dog four (4) months of age or younger, Sec. 39 (a), (1) Improper rabies tag or unauthorized removal of a rabies vaccination tag; Sec. 3-14 Interference with an animal control officer; Sec. 3-18 Level IV Animal fighting and associated violations Section 3-8 (e), (12) —(20). Failure to surrender a dog after bang deemed potentially dangerous or dangerous; Sec. 3-8 9 (e), 6 i & ii Failure to surrender an anirrd for quarantine or euthanization; Sec. 3-11 Ming, releasing, or removing an anirrial under observation or suspicion of rabies; Sec. 3-12 Possession of a wild or exotic animal; Sec. 3-8 (f), (9) (g) Violation of area -wide ernaigmy quarantine; Sec. 310 9. Request to Call for a Public Hearing on Tuesday, October 21, 2008 in Regards to a Supplemental Installment Financing Agreement to Amend and Supplement an Installment Financing Agreement Entered into to Finance & Refinance School Facilities: Deputy County Manager Blumenstein said Request for Proposals had already been mailed to banking institutions regarding the bond refinancing, and the results would be provided at the October 21 meeting. The resolution calling for the October 21 public hearing is as follows: RESOLUTION CALLING A PUBLIC HEARING CONCERNING A PROPOSED SECOND SUPPLEMENTAL INSTALLMENT FINANCING AGREEMENT, AMENDING AND SUPPLEMENTING A CERTAIN INSTALLMENT FINANCING AGREEMENT, DATED AS OF JULY 1, 2000 BETWEEN IREDELL COUNTY PUBLIC FACILITIES CORPORATION AND THE COUNTY OF IREDELL, NORTH CAROLINA, AS SUPPLEMENTED, TO PROVIDE FOR EITHER (i) THE DELETION THEREFROM OR MODIFICATION OF PROVISIONS THEREIN RELATING TO THE TERMINATION OF A FINANCIAL GUARANTY INSURANCE POLICY, OR (ii) THE REFINANCING OF THE OUTSTANDING INSTALLMENT PAYMENT REVENUE REFUNDING BONDS (IREDELL COUNTY SCHOOL PROJECTS), SERIES 2003. 16 WHEREAS, Iredell County Public Facilities Corporation (the "Corporation") issued its Installment Payment Revenue Bonds (Iredell County School Projects), Series 2000 (the "Series 2000 Bonds") the principal of, redemption premium, if any, and interest on which are payable from installment payments made and to be made by the County of Iredell, North Carolina (the "County") pursuant to an Installment Financing Agreement, dated as of July 1, 2000 between the Corporation and the County (the "Installment Financing Agreement"); and WHEREAS, on February 18, 2003, the Corporation issued its Installment Payment Revenue Refunding Bonds (Iredell County Schools Projects), Series 2003 (the "Series 2003 Bonds") to provide funds to refund a portion of the then outstanding Series 2000 Bonds; and WHEREAS, in connection with the issuance of the Series 2003 Bonds, the Corporation and the County entered into a First Supplemental Installment Financing Agreement, dated as of February I, 2003 (the "First Supplemental Installment Financing Agreement"); and WHEREAS, installment payments made and to be made by the County pursuant to the Installment Financing Agreement, as supplemented by the First Supplemental Installment Financing Agreement, are to be applied to pay the principal of, redemption premium, if any, and interest on the Series 2000 Bonds and the Series 2003 Bonds; and WHEREAS, the payment of principal and interest on the Series 2003 Bonds, when due, is insured by a financial guaranty insurance policy issued by Ambac Assurance Corporation (the "Series 2003 Insurance Policy"); and WHEREAS, the Series 2003 Bonds are periodically subject to tender at the option of the owners thereof, and bear interest at interest rates that are determined by the remarketing agent thereof to be the minimum interest rate, which, if borne by such Series 2003 Bonds, would enable the remarketing agent to sell such Series 2003 Bonds at a price equal to the principal amount thereof; and WHEREAS, the market for variable rate tender bonds, including variable rate tender bonds that are insured by Ambac Assurance Corporation, such as the Series 2003 Bonds, has deteriorated resulting in substantially increased interest costs to the County; and WHEREAS, the County is considering a proposal to enter into an agreement with Ambac Assurance Corporation providing for the termination of the Series 2003 Insurance Policy; and WHEREAS, the County is also considering a proposal to refinance a portion of its installment payment obligations under the Installment Financing Agreement by refinancing the Series 2003 Bonds; and WHEREAS, the County is considering entering into a second supplemental installment financing agreement with the Corporation that would either (i)) modify and/or delete certain provisions of the Installment Financing Agreement, as amended by the First Supplemental Installment Financing Agreement, relating to the rights and obligations of Ambac Assurance Corporation as a result of the termination of the Series 2003 Insurance Policy, or provide for the refinancing of a portion of the installment payments to be made by the County under the Installment Financing Agreement by refinancing the Series 2003 Bonds with a series of fixed rate installment payment revenue bonds; and WHEREAS, the Installment Financing Agreement, if supplemented, will comply in all respects with Section 160A-20 and Chapter 159, Article 8, of the General Statutes of North Carolina and the guidelines of the Local Government Commission of North Carolina for all financings undertaken pursuant to said Section and Article; and WHEREAS, said Section 160A-20 requires that, before entering into an installment financing agreement involving real property, the County shall hold a public hearing on such agreement; now, therefore, BE IT RESOLVED by the Board of Commissioners for the County of Iredell: Section 1. A public hearing with respect to amendments to the Installment Financing Agreement is hereby directed to be held on Tuesday, October 21, 2008 at 7:00 P.M., in the Commissioners' Meeting Room at the Iredell County Government Center, 200 South Center Street, Statesville, North Carolina. Section 2. The Clerk to the Board of Commissioners is hereby directed to publish notice of said public hearing, in substantially the following form, once at least ten (10) days prior to the date of the public hearing as required by Section 160A -20(g) of the General Statutes of North Carolina: NOTICE OF PUBLIC HEARING BY THE BOARD OF COMMISSIONERS FOR THE COUNTY OF IREDELL, NORTH CAROLINA, CONCERNING A SUPPLEMENTAL INSTALLMENT FINANCING AGREEMENT AMENDING AND SUPPLEMENTING AN INSTALLMENT FINANCING AGREEMENT ENTERED INTO TO FINANCE AND REFINANCE SCHOOL FACILITIES NOTICE IS HEREBY GIVEN to all interested persons that the Board of Commissioners for the County of Iredell, North Carolina (the "County") is considering entering into a Second Supplemental Installment Financing Agreement (the "Second Supplemental Installment Financing Agreement") for the purposes of amending and supplementing an Installment Financing Agreement, dated as of July I, 2000, between Iredell County Public Facilities Corporation, a North Carolina non-profit corporation (the "Corporation") and the County, as supplemented by a First Supplemental Installment Financing Agreement, dated as of February 1, 2003, between the Corporation and the County (collectively, the "Installment Financing Agreement"). In connection with the execution and delivery of the Installment 17 Financing Agreement, the Corporation issued its Installment Payment Revenue Bonds (Iredell County School Projects), Series 2000 (the "Series 2000 Bonds") to provide funds to pay costs of certain school projects and pay certain costs of issuance of the Series 2000 Bonds. On February 21, 2003, the Corporation issued its Installment Payment Revenue Refunding Bonds (Iredell County School Projects), Series 2003 (the "Series 2003 Bonds") to provide funds to (i) refund the Series 2000 Bonds stated mature in the years 2014 to 2020, inclusive, and (ii) pay costs relating to the issuance of the Series 2003 Bonds, including the premium for a financial guaranty insurance policy issued by Ambac Assurance Corporation insuring the payment of principal of, and interest on, the Series 2003 Bonds, when due (the "Series 2003 Insurance Policy"). Amounts payable by the County under the Installment Financing Agreement (the "Installment Payments") are to be applied to pay, among other things, the principal of, redemption premium, if any, and interest on the Series 2000 Bonds and the Series 2003 Bonds. The County is considering a proposal to enter into an agreement with Ambac Assurance Corporation to provide for the termination of the Series 2003 Insurance Policy. In the event the County determines to enter into an agreement with Ambac Assurance Corporation to provide for the termination of the Series 2003 Insurance Policy, the County would propose to enter into a Second Supplemental Installment Financing Agreement that would amend and supplement the Installment Financing Agreement by modifying and/or deleting certain provisions set forth therein relating to the rights and obligations of Ambac Assurance Corporation as a result of the proposed termination of the Series 2003 Insurance Policy. The County is also considering a proposal to refinance a portion of the Installment Payments through the issuance by the Corporation of its Installment Payment Revenue Refunding Bonds, (Iredell County School Projects), Series 2008 (the "Series 2008 Bonds"). In the event the County determines to refinance a portion of the Installment Payments through the issuance by the Corporation of the Series 2008 Bonds, it is expected that the County would enter into a Second Supplemental Installment Financing Agreement with the Corporation, and the Corporation would issue its Installment Payment Revenue Refunding Bonds (Iredell County School Projects), Series 2008 (the "Series 2008 Bonds") in an amount not exceeding $18,500,000 for the purpose of providing funds, together with other available funds, (i) to refund the outstanding Series 2003 Bonds, and (ii) pay the expenses incurred in connection with the issuance of the Series 2008 Bonds. NOTICE IS HEREBY FURTHER GIVEN that the Board of Commissioners will hold a public hearing in the Commissioners' Meeting Room at the Iredell County Government Center, 200 South Center Street, Statesville, North Carolina, on October 21, 2008, at 7:00 P.M., or an adjournment thereof, at which time any person may be heard regarding the proposals for the County to enter into a Second Supplemental Installment Financing Agreement. COUNTY OF IREDELL, NORTH CAROLINA By: Jean C. Moore Clerk to the Board of Commissioners Section 3. This resolution shall take effect immediately upon its passage. "RESOLUTION CALLING A PUBLIC HEARING CONCERNING A PROPOSED SECOND SUPPLEMENTAL INSTALLMENT FINANCING AGREEMENT, SUPPLEMENTING AND AMENDING A CERTAIN INSTALLMENT FINANCING AGREEMENT, DATED AS OF JULY 1, 2000 BETWEEN IREDELL COUNTY PUBLIC FACILITIES CORPORATION AND THE COUNTY OF IREDELL, NORTH CAROLINA, AS SUPPLEMENTED, TO PROVIDE FOR EITHER (i) THE DELETION THEREFROM OR MODIFICATION OF PROVISIONS THEREIN RELATING TO THE TERMINATION OF A FINANCIAL GUARANTY INSURANCE POLICY, OR (ii) THE REFINANCING OF THE OUTSTANDING INSTALLMENT PAYMENT REVENUE REFUNDING BONDS (IREDELL COUNTY SCHOOL PROJECTS), SERIES 2003" 10. Request for Approval of the September 16, 2008 Minutes -------------------------------------------END OF CONSENT AGENDA ---------------------------------- Request from the National Committee for Employer Support of the National Guard and Reserve (ESGR) for Approval of a Statement of Support: County Manager Mashburn shared information from the ESGR that indicated over 1.3 million men and women were in the National Guard and Reserve, and this was 50% of the nation's total military force. He said that since 9-11, over 700,000 citizens had been mobilized with many serving in the war against terrorism along with military operations in Iraq and Afghanistan. Statement of Support For the Guard and Reserve We recognize the National Guard and Reserve are essential to the strength of our nation and the well -tieing of our communities. 18 In the highest American tradition, the patriotic men and women of the Guard and Reserve serve voluntarily in an honorable and vital profession. They train to respond to their community and their country in time of�need. They deserve the support of every segment ofour society. If these volunteer forces are to continue to serve our nation, increased public understanding is required of the essential role of the Guard and Reserve in preserving our national security. Therefore, we join other employers in pledging that: • We fully recognize, honor and enforce the Uniformed Services Employment and Reemployment Rights Act (USERRA). • Our managers and supervisors will have the tools they need to effectively manage those employees who serve in the Guard and Reserve. • We will continually recognize and support our country's service members and their families in peace, in crisis, and in war. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Juvenile Crime Prevention Council (1 announcement)) Troutman Planning & Zoning Board (ETJ) (1 announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee 4 a ointments : No nominations were submitted, and Commissioner Tice made a motion to postpone the appointments until the October 21 meeting. VOTING: Ayes — 5; Nays — 0. Statesville Planning Board (ETJ) (1 appointment): No nominations were submitted, and Commissioner Johnson made a Ootio to postpone the appointment until the October 21 meeting. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee 4 appointments): No nominations were submitted, and Commissioner Robertson made a kmntio to postpone the appointments until the October 21 meeting. VOTING: Ayes — 5; Nays — 0. Criminal Justice Partnership Program Committee Q appointment): No nominations were submitted, and Commissioner Robertson made a motio to postpone the appointment until the October 21 meeting. VOTING: Ayes — 5; Nays — 0. Recreation Advisory Board 0 appointment): No nominations were submitted, and Commissioner Williams made a motion to postpone the appointment until the October 21 meeting. VOTING: Ayes — 5; Nays — 0. Local Emergency Planning Committee (3 appointments): Commissioner Tice nominated David Bullins (Statesville Fire Department), Daniel Carrig (Davis Regional Medical Center), and Samantha Migit (Red Cross). MOTION by Chairman Norman to appoint Bullins, Carrig, and Migit. VOTING: Ayes — 5; Nays — 0. 19 UNFINISHED BUSINESS Recruitment Process for the County Manager's Position: County Manager Mashburn said there were four months until his retirement, and the recruitment process needed to be initiated. In addition, he said a mini -retreat was proposed for October 21, 2008 beginning at 12:30 P.M. The board members were in agreement with (1) the mini -retreat date and draft agenda (2) the recruitment schedule for the county manager's position, and (3) the suggested sources to advertise the county manager's position. October 12 - Advertise Vacancy & Receive Applications November 14 - Close Applications Nov. 15 -Nov 30 - Review Applications & Select Top Candidate(s) Dec 1 — Dec 15 - Conduct Interviews Dec 15- Dec 30 - Negotiate Contract with Top Candidate(s) Dec 30 - Announce Final Selection Feb 1 -15 - New Manager Sworn in and Takes Office The job advertisement will be published in the newsletters for the National Association of Counties, the International City/County Managers Association, the North Carolina Association of Counties, along with three newspapers, and the Carolina Journal published by the John Locke Foundation. ADJOURNMENT: There being no further business, Commissioner Johnson made a motio at 7:55 P.M., to adjourn the meeting. (NEXT MEETING: Tuesday, October 21, 2008 at 5 and 7 P.M., in the Iredell County Government Center, 200 South Center Street, Statesville, NC.) VOTING: Ayes — 5; Nays — 0. Approval: 20 Clerk to the Board