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HomeMy WebLinkAboutMarch_3_2009_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES MARCH 3, 2009 The Iredell County Board of Commissioners met in Regular Session on Tuesday, March 3, 2009, at 7:00 P.M., in the Iredell County Government Center (Commissioners' Meeting Room), 200 South Center Street, Statesville, NC. Board Members Present Vice Chairman Marvin Norman Steve Johnson Scott Keadle Ken Robertson Absent: Chairman Godfrey Williams Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy County Manager Tracy Jackson, Planning & Support Services Director Ron Smith, and Clerk to the Board Jean Moore. CALL TO ORDER by Vice Chairman Norman. INVOCATION by Commissioner Johnson. PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: MOTION by Commissioner Johnson to approve the following agenda adjustments: Deletions: *Request from the Town of Mooresville for a Solid Waste Tipping Fee Waiver for the Blackwelder Farm Cleanup (Town of Mooresville requested for this item to be deleted.) • Request from the Solid Waste Department and the Emergency Management Office for a Memorandum of Agreement Renewal with the North Carolina Department of Transportation Pertaining to Debris Removal During a State of Disaster or an Imminent Threat of Disaster and/or State of Emergency as Described by the North Carolina General Statutes (This item was approved on February 27, 2009 at the Winter Planning Session.) • Request from the EMS Department for Approval of Revisions to the Ambulance Franchise Ordinance (This item will be placed on a future agenda.) VOTING: Ayes - 4; Nays — 0. PRESENTATION OF SPECIAL RECOGNITIONS AND AWARDS Presentation of an Appreciation Plaque to Mr. James M. Wilson for 22 Years of Dedicated Service on the Iredell County Board of Adjustment: Vice Chairman Norman presented Mr. Wilson with a plaque for his service on the Iredell County Board of Adjustment. Wilson became a member of the zoning board in 1986 and resigned in 2008. He was thanked for his many years of service. APPOINTMENTS BEFORE THE BOARD Stop Child Abuse Now (SCAN) Executive Director Amy Eisele Shares Information about an Upcoming Parenting Conference: Eisele said a Family Fair would be held April 2, 2009 from 4 — 7:30 p.m., at Broad Street Methodist Church in Statesville. She said the event was free to the public, and it was sponsored by the Region III Community Child Protection Team. Eisele said the fair had been scheduled in conjunction with April being Child Prevention Awareness Month, and Iredell County would be hosting with participants from 13 other counties. PUBLIC HEARING Vice Chairman Norman declared the meeting to be in a public hearing. Request for a Release of Jurisdiction to the Town of Mooresville from Professional Property Services, Inc., Representing Property Owner Michael Shalvoy (Property Location: 872 River Highway, Mooresville and Consisting of .54 Acres): Planning Director Smith said a release of jurisdiction request was before the board, and the property was in front of the Water Oak Subdivision near the Byers Creek Shopping Center at the corner of Perth Road and NC 150. He said the property was currently zoned residential agricultural although the land use plan called for mixed use. Smith said Mooresville's Comprehensive Plan called for commercial uses, and the proposed use was a car wash. He said formal approval had not been given by Mooresville, and before the Town rezoned the site, assuming the extra territorial jurisdiction was released, all uses would have to be considered. Smith said the county staff had reviewed the request and there were no known problems with the commercial nature of the property which was in line with both the plans of the county and Mooresville. He said for this reason, the staff supported the release. Commissioner Robertson asked Smith, assuming the release was granted, if the applicant would have to abide by the county's soil and erosion control ordinance. Smith said as it stood right now, they would not. John Liburti (opposition) said he lived at 129 Water Oak Drive which was behind the proposed car wash. He mentioned the following reasons as to why the car wash should not be at the site: • It would be a two -bay unattended business running on "auto -pilot" • Loud noise would be emitted (blow dryers) • Mooresville planners said this type of business should be parallel to the highway, but due to the narrow size of the lot it would be perpendicular which means the two exits would face out to the Water Oak residents Mike Shalvoy (advocate) said the car wash would be a single -bay business, and the traffic flow would be out to Hwy. 150. He said that in discussions with the NC Department of Transportation, he had agreed to a de -acceleration lane and an acceleration lane out of the business. Shalvoy said the property wasn't adjacent to the Water Oaks neighborhood, and the properties on three sides were zoned commercial. Trey Sunderland (opposition), a resident of 138 Gresham Lane in the Water Oaks Subdivision gave the following reasons for his opposition: • Did not feel the NCDOT would grant access from NC 150. The access would be the Water Oaks exit. • The business would be noisy. • A commercial car wash would not blend in with the homes in the area. • Concerned about water runoff. There is already a silt problem. Michael Essue (opposition), a resident of 104 Kensington Street, said that while using a car wash in the Mooresville area recently, strangers approached him asking for money. Essue said homeless individuals would probably start frequenting the area and bartering for money. Commissioner Robertson said the board's agenda packet included a drawing that showed a two -bay car wash perpendicular to the road. He asked Smith what the board was approving. Smith said the board was only approving the release of jurisdiction. He said the county had no control over the specific use. Commissioner Johnson asked Smith what happened if the board denied the request. Smith said the Town of Mooresville had already indicated a willingness to provide water and sewer services. He said a denial would only delay the project until the Town 2 annexed the site which would probably be July 1. He said the release would only speed up the approval process by a few months. Johnson said that if the request were denied, the county had only postponed it for a few months. Smith said this was correct. Johnson asked about the use of the surrounding properties. Smith said the surrounding properties were within the Town's jurisdiction and both land use plans (Iredell County and Mooresville) called for commercial uses on the NC 150 frontage. Johnson said the county's ordinance called for a buffer between any commercial and residential property. He asked if Mooresville's would be as strict. Smith said yes. Janet Rusk asked if the decision could be delayed. She said there were too many discrepancies at this point, and the people could contact Mooresville to find out the plans. Smith said the request could be postponed, and the applicants could work with Mooresville; however, any work that was done was not binding. He said if the board approved the release, this would provide a better opportunity for the residents to work with Mooresville. Smith said the Town would hold a public hearing, and it might be possible for the Mooresville commissioners to place conditions (buffer, etc.) on the use. Johnson said he understood the Town of Mooresville was not the municipality holding up the county in assuming the erosion control program. Continuing, he said it was his understanding that Mooresville and Troutman were agreeable, but it was the City of Statesville that was delaying the soil and erosion program. Smith said Troutman's board had agreed to the process, but he didn't know if Mooresville had formally discussed/approved the county taking over the erosion control program. Robertson asked if it was necessary for Statesville to agree for the county to assume erosion control in order for Mooresville and Troutman to work with Iredell County. Smith said this had been discussed; however, he had not been told that. Robertson said this was not an issue then. Smith said he would definitively get an answer. Mooresville Town Commissioner Chris Carney said the Mooresville officials "were on board," and it was the right thing to do. He said enforcement was just the part in question. Robertson said the county had inspections authority for some towns but not for all towns in the county. Smith said this correct. He said it was understood that the NC Department of Environment & Natural Resources preferred for the soil erosion control program to be under one jurisdiction; however, the Sedimentation Control Commission in Raleigh had to give final approval. Johnson asked Mooresville Commissioner Carney if one of the conditions could be that Iredell County administered erosion control regulations. 3 Carney said as a "collective board," it would be assumed that Iredell County enforced erosion control. Mr. Carney said he felt his board would be "happy," but the staff might have questions. Robert Austin (opposition) a resident of the Water Oaks subdivision, voiced concerns about lower home values and the children in the neighborhood. No one else desired to speak, and Vice Chairman Norman adjourned the public hearing. MOTION by Commissioner Robertson to disapprove the release of zoning jurisdiction to the Town of Mooresville for the 872 River Highway property. Commissioner Johnson said he was in favor of the request, and a denial would deny the use of the property until the Town of Mooresville rezoned the site. He said it was felt the owner could build the car wash in a manner that was harmonious with the neighborhood. Johnson said he was a strong proponent of personal property rights, and before he could deny someone the use of their property, the people in opposition had to prove to him that they would be harmed. He said this hadn't been done, and Mooresville already had jurisdiction on three sides of the property. VOTING: Ayes — 2 (Robertson & Norman); Nays — 2 (Johnson & Keadle) (A tie vote occurred and the motion failed.) Commissioner Johnson then made a motion to authorize the release of jurisdiction over the property contingent upon Mooresville's willingness to allow the county to assume the erosion control portion. Mr. Johnson asked Planning Director Smith and County Attorney Pope if this type of motion was permissible. Smith deferred the question to Attorney Pope. Attorney Bill Pope said the decision was either to release, or not to release the property, and the motion, as stated, would not be binding. Commissioner Johnson re -phrased his motion as follows: MOTION by Commissioner Johnson to release the property to Mooresville's zoning jurisdiction without any conditions. VOTING: Ayes — 3; Nays — I (Robertson). ------------------------------------------CONSENT AGENDA ------------------------------------ items. MOTION by Commissioner Norman to approve the following nine consent agenda VOTING: Ayes — 4; Nays — 0. 1. Request for Approval of Budget Amendment #42 to Recognize/Appropriate $20,000 in NC Department of Transportation Rural Operating Assistance Funds (Elderly & Disabled Services): The following budget amendment was approved to recognize/appropriate an additional $20,000 in ROAP funds. BA#42 To app opriate additional RC AP funds on the t on fund. Account # Cumxt Change Amended 374622 4342.05 NCDOT/ROAP (101,898) (20,000) (121,898) 375622 5100.03 Part Tirre Salaries 140,000 20,000 160,000 4 2. Request for Approval of Budget Amendment #43 to Recognize/Appropriate Federal Transportation Funding for the Elderly and Disabled Transportation Service: Budget Amendment 43 was approved to recognize/appropriate $20,000 in Federal Transportation Funding. The estimated total grant is $114,352 (federal funds of $57,176 & local match of $57,176); however, only $20,000 will be distributed for January 1 through June 30, 2009. BA#43 Accaut # To appropriate FTA Section ED 5310 funds in the tra ion fund. Cunwft Change Amended 374522 434209 FTA Section ED 5310 (20,000) (20,000) 375622 5100.03 Part Time Salaries 160,000 5,000 165,000 372522 510004 O✓ertirneSalaries 30,000 15,000 45,000 3. Request to Call for a Public Hearing on March 17, 2009 at 7:00 P.M. for Consideration of the FY 2009-10 North Carolina Department of Transportation Community Transportation Program Application: A public hearing will be held on March 17 to consider an application for $264,203 in administrative funds, plus a local match of 15% along with $196,900 in capital funding. The capital funding requires a ten percent local match. 4. Request from Health Department Employee Amanda Peters for Permission to Solicit Employee Donations for the Global Youth Service Day: Ms. Peters sent an e-mail explaining this request as follows: "The United Way, Boys & Girls Club and other agencies are running the Global Youth Service Day, like the United Way Day of Caring, on April 25th and I thought the county employees could participate by donating toiletries (shampoo, soap, toothpaste, toothbrushes, etc) which the youth would then organize as a part of their youth service. With your permission I would like to email the county employees and then put boxes for donations at the county buildings." The request was approved; however, upon a suggestion from the County Manager, the county's policy on solicitation will be reviewed. 5. Request for Approval to Extend the Current Five -Year Extended Service Agreements to Seven Years on Eight Ford Ambulance Vehicles (Chassis) & Authorization for Signature on the Agreements: A memo from Purchasing Agent Dean Lail stated the EMS and Vehicle Services Departments had suggested that the service agreements for eight Ford Chassis ambulances be extended from five years to seven years or 200,000 miles, whichever came first. The information said the advantages of the extended warranty, costing $21,060.00, would be a longer vehicle life and less repair downtime. 6. Request for Approval of Budget Amendment #45 to Transfer Funds from the Emergency Management Budget to the Emergency Communications (ECOM) Budget to Cover the Costs for One (1) New Telecom municator 1 Position for the Remainder of FY 08-09 (Emergency Management will be Reduced by One (1) Position): Deputy County Manager Tracy Jackson said at the Winter Planning Session that an additional telecommunicator was needed. He said recently a clerical person retired from the Fire Marshal's office leaving a vacant position. Jackson said a proposal was being made to transfer a clerical person from Emergency Management to the vacant position in the Fire Marshal's Office/Budget. He continued by saying an additional telecommunicator would help the VFDs in achieving better insurance ratings. BA#45 was approved as follows: BA#45 To approve a new Telecormrnicator I position in the ECCM budget with funds frau the Errerger Management budget that is reduced by one pc§tion. Acco it # Q Trent amnge Amended 5 105536 510002 ECOM Depw,e,c Salaries 802,267 9,925 812,192 105536 512501 FICA 64,579 760 65,339 105536 512502 Health Insurance 153,100 1,160 154,260 105536 512503 State F?Mrenent 75,035 985 76,020 13,620 EnwgencYManagenient Department 105536 531500 Insurance & Bonds - 105546 510002 Salaries 89,529 (9,925) 79,604 105546 512501 FICA 6,964 (760) 6,204 105546 512502 Flealth Insurarce 13,920 (1,160) 12,760 1(`F'F , 51 W14 4ata Rotirmnnt QrKR lQR41 Rn7R 7. Request for Approval of Budget Amendment #46 to Transfer Contingency Funds to the 911 Fund Budget (Transfer will be used to pay expenses that cannot be paid out of the fund any longer.) During the Winter Planning Session, Deputy County Manager Tracy Jackson said 911 revenues could no longer be used to pay salaries and operating costs. He said until recently, the funds were used to pay the salaries for the 911 Coordinator and the Rural Addressing Technician along with postage, supplies, telephone, training, insurance, and other maintenance repair costs. The following budget amendment was approved to pay the salaries and the other costs. BA#46 Ac:couk # To mwe ineligible expenses to the ECOM budget from the E911 budget due to d><vnges in the State 911 Fund. Current Change Amended 105536 510002 ECOM Depwmerd Salaries 812,192 63,833 876,025 105536 512501 FICA 65,339 4,484 69,823 105536 512502 Health Insurarxe 154,260 3,360 157,620 105536 512503 State Retirermnt 76,020 13,620 89,640 105536 531500 Insurance & Bonds 6,216 982 7,198 105536 532501 M&REquiprrent 54,380 (1,750) 52,630 105536 532500 M&RBuilding 5,500 (3,500) 2,000 105536 534000 Postage 300 132 432 105536 535000 Supplies 6,000 3,378 9,378 105536 536000 Training 5,250 (1,700) 3,550 105536535500 Telephone 40,956 (6,200) 34,756 105480 530200 Cantingerxy 168,000 (144,874) 23,126 104880 495038 Trarsferfrom E911 (168,235) 68,235 (100,000) 385534 510002 Salaries 48,300 (48,300) - 385534 512501 FICA 3,695 (3,593) 102 385534512502 HealthIrsurance 6,960 (6,960) - 385534 512503 State fRetirerent 4,805 (4,805) 6 385534 531500 Insurance & Bonds 385534 532501 385534 534000 M & R - Equilo hent Postage 385534 535000 Depatrrental Supplies 385534 535500 TeJephcm 385534 536000 Training 385534 576010 Transfer to GF 385534 732600 Fund Balance - Budoel 1,080 (982) 98 4,250 (3,750) 500 300 (132) 168 5,000 (3,378) 1,622 1,095 200 1,295 1,250 1,700 2,950 168,235 (68,235) 100,000 129.095 138.235 267.330 8. Request for Approval of Budget Amendment #47 to Recognize Additional Grants Received for Crisis Intervention & Child Day Care and to Appropriate to Expenditure Line Items: Additional grant funding has been received and the following budget amendment was annroved. BA#47 To recogrtze additional grants reoeived for Crisis Intervention and Child Day Care and approtxiate to expenditure line items. Accouxrt # Current ChwW Amended 104630 450022 Crisis Intervention Revenue (178,000) (417,392) (595,392) 105630 554201 Crisis Intervention Expenditures 178,000 417,392 595,392 104630 450016 Child Day Care Ra&"x e (5,848,400) (271,738) (6,120,138) 105630 554601 Child Day Care Expenditures 5,848,400 271,738 6,120,138 9. Request for Approval of the February 17, 2009 Minutes ---------------------------------------------END OF CONSENT AGENDA --------------------------- (Commissioner Robertson had to leave the meeting at 7:45 P.M.) ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Nursing Home Advisory Board (1 announcement) Local Emergency Planning Committee (2 announcements) APPOINTMENTS TO BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (5 appointments): by Commissioner Johnson to postpone the appointments until the March 17 meeting. VOTING: Ayes — 3; Nays — 0. Criminal Justice Partnership Program (I appointment): MOTION by Commissioner Johnson to appoint Lynn Gullett. VOTING: Ayes — 3; Nays — 0. Statesville Planning Board (ETJ) (1 appointment): MOTION by Commissioner Johnson to postpone this appointment until the March 17 meeting. VOTING: Ayes — 3; Nays — 0. Nursing Home Advisory Committee (2 appointments): MOTION by Commissioner Keadle to postpone this appointment until the March 17 meeting VOTING: Ayes — 3; Nays — 0. 7 I -CARE Board of Directors (1 appointment): MOTION by Commissioner Keadle to postpone this appointment until the March 17 meeting. VOTING: Ayes — 3; Nays — 0. Animal Grievance Committee (2 appointments): by Commissioner Keadle to postpone these appointments until the March 17 meeting. VOTING: Ayes — 3; Nays — 0. COUNTY MANAGER'S REPORT: County Manager Mashburn said the county offices opened at 10 a.m. during the last two mornings due to the snow and hazardous road conditions. He said the offices would resume the normal schedule on Wednesday, March 4. ADJOURNMENT: There being no further business to conduct, Commissioner Johnson made a motio at 7:48 P.M., to adjourn. (NEXT MEETING: Tuesday, March 17, 2009 at 5 and 7 P.M. in the Iredell County Government Center, 200 South Center Street, Statesville, NC.) VOTING: Ayes 3; Nays -0. Approval: 9 Clerk to the Board