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HomeMy WebLinkAboutNovember_3_2009_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES NOVEMBER 3 2009 The Iredell County Board of Commissioners met in Regular Session on Tuesday, November 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 Chairman Godfrey Williams Vice Chairman Marvin Norman Steve Johnson Scott Keadle Ken Robertson Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, Planning & Development Director Ron Smith, Deputy County Manager Tracy Jackson, Interim Human Resources Director Cynthia Eades, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Williams INVOCATION by Commissioner Johnson EXPRESSION OF SYMPATHY FOR THE TSUMAS FAMILY: Chairman Williams asked everyone to remember the Tsumas family as they mourned the death of their 16 -year-old daughter, Abbey. (The teenager died on October 31, 2009, due to injuries sustained in an automobile accident. Harry Tsumas, Abbey's father, is the Vice - Chairman of the Iredell County Planning Board.) PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: No adjustments were submitted by the county manager. MOT10N by Commissioner Keadle to approve the agenda. VOTING: Ayes - 5; Nays — 0. PUBLIC HEARINGS Chairman Williams declared the meeting to be in a public hearing. Rezoning Case #0910-1; Applicant Todd Surratt, for the China Grove Restaurant Group (Owner), Requests to Rezone 4.03 Acres, located at 111 River Park Road, Mooresville, NC, from Neighborhood Business Conditional Use District to Neighborhood Business Conditional District: Planning Director Ron Smith described the staff report as follows: EXPLANATION OF THE REQUEST This is a request to rezone 4.03 acres at 1 I 1 River Park Road in Mooresville from NB - CUD, Neighborhood Business Conditional Use District to NB -CD, Neighborhood Business Conditional District with the following conditions: • no metal facades on the any sides of the buildings; brick, stone, split face block, stucco, EFS's (stucco like material spread over a rigid foam base) shall comprise the main materials of the building; and • access to the property will remain as shown on rezoning site plan if subdivided in the future. The proposed use for the property is an automatic car wash facility and future retail/commercial space. The applicant does not intend to use municipal utilities and therefore will not be requesting annexation. OWNER/APPLICANT OWNER: China Grove Restaurant Group 4270 Miller Road Salisbury, NC 28147 PROPERTY INFORMATION LOCATION: At 111 River Park Road in Mooresville; more specifically identified as PIN # 4638-40-0147. DIRECTIONS: West on Highway 150, on left at the corner of River Park Road. SURROUNDING LAND USE: This property is surrounded by multi -family residential and commercial uses as well as some vacant commercially zoned property. APPLICANT: Todd Surratt 337 Crossingham Road Mount Airy, NC 27030 —. __. Case # 0910-1 NB CUD to NB CD Current Zoning SVILLE .. _.. RES E ., MDORESYKLE R. WDRD NDCUD SVKL Ra ORESVK SIZE: The property is 4.03 acres. EXISTING LAND USE: The parcel is currently vacant. ZONING HISTORY: This property has been zoned NB CUD since February 2002. Conditions that were associated with that rezoning dealt with access management and use limitations. OTHER JURISDICTIONAL INFORMATION: This property is in the Mooresville USA, and the Town of Mooresville Planning Department has reviewed the site plan for this lot and had no comments. OTHER SITE CHARACTERISTICS: This property is located in the Catawba/Lake Norman WSIV-CA water supply watershed. The Board of Commissioners has approved this site as part of the River Park Development for utilization of the High -Density option and lots have been assigned impervious areas. Based on that approval, this lot is permitted to have 82,764 square feet of impervious area. The site plan was reviewed for compliance with the Watershed Ordinance during the High -Density request process. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: In 2006, the average number of vehicles per day on River Highway was 38,000. The capacity for Highway 150 is 12,000 vehicles per day. The development as proposed could generate up to 2900 trips per day. The driveway cut will not be located on a State Maintained Road; therefore NC DOT will not review and/or issue a driveway permit. SCHOOLS: Because this is a commercial rezoning, there should be no implications on local schools. 2 FIRE MARSHAL: This proposal has been reviewed by the Iredell County Fire Marshal's Office. The Fire Marshal's Office has no issues with the proposal. 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 AGENCIES LOCAL: The applicant will have to provide a site plan to the Planning & Development Department for review to develop the property. Zoning requirements such as parking and screening will be reviewed at such time. Plans will also be reviewed by the Planning & Development Department for compliance with Erosion & Sedimentation Control standards. STATE: Other than building code, there should be no formal state agency review at this time. NC DOT will not issue a driveway permit for this project because the driveway comes off of River Park Road, which is not State maintained. FEDERAL: None at this time. STAFF AND BOARD COMMENTS STAFF COMMENTS: This site is designated as corridor commercial on the 2030 Horizon Plan because of its proximity to the Town limits and water and sewer. The proposed NB CD district and retail uses fit into the corridor commercial in the 2030 Horizon Plan. Since the rezoning of this property to NB CUD in 2002, there has been a slow changeover to more commercial uses in the area surrounding this property. The property across River Park Road was zoned RO (Residential Office) and was rezoned to SC (Shopping Center) in 2005. The Town of Mooresville annexed the property across River Highway for the People's Bank in 2007. The conditions on the previous rezoning request, except for the limitation on uses, are all still applicable. The conditions dealing with access have been included in the application and on the site plan. The conditions concerning the Roadway Protection Overlay standards are now required by the Zoning Ordinance and have been included on the site plan. The Planning staff can support the proposed rezoning request based on the following: the proposed development is in compliance with the 2030 Horizon Plan future land use map and the design of the development as proposed on the site plan has helped to mitigate the traffic impacts caused by the site. PUBLIC INPUT MEETING: The Public Input Meeting was held on August 25, 2009, at the Building Standards Center in Statesville. None of the adjoining property owners attended the public input meeting. SITE REVIEW COMMITTEE: Jackie Grigg visited this site with the staff on September 15, 2009. PLANNING BOARD ACTION: On October 7, 2009, the Planning Board voted 10-0 to recommend approval of this request based on the consistency with the 2030 Horizon Plan. Chairman Williams asked the type of barrier that would be used on the backside. Smith said a vegetative barrier would be required that would eventually grow to 10 ft. in height, and since the project was for a residential use, a separation would be needed. He said the developer was proposing a barrier (tree line) that was more than 3 what was required, but it would take several years before the trees could block the view for the second floor apartment residents. Mr. Smith reminded everyone, however, that the property was in a transitional corridor with a mixed-use designation. Commissioner Robertson said he understood a car wash was being proposed. Smith said a car wash was in the first phase, and the applicant could provide additional details. Commissioner Norman asked about the utilities. Smith said the project would not use water from the Town of Mooresville at this point. Todd Surratt, the developer, said his goal for the property's usage would be office, banking, or something of that nature. He said water would be provided from Aqua in the River Park area. Surratt said 100% of the water would be recycled, and this would eliminate the need for sewer. No one else desired to speak, and Chairman Williams adjourned the hearing. OTIO by Commissioner Norman to approve the zoning map amendment and to make a finding that approval was consistent with the adopted 2030 Horizon Plan and that said approval was reasonable and in the public interest due to consistency with the 2030 Horizon Plan; as a result, said approval furthers the goals and objectives of the 2030 Horizon Plan. VOTING: Ayes — 5; Nays — 0. Consideration of a Financing Installment Agreement for Mitchell Community College's Mooresville Campus Building Project and the Union Grove Elementary School Project: The Chairman announced that this was the hour and day fixed by the Board of Commissioners for the public hearing upon the proposed financing, pursuant to an installment financing agreement, to be dated as of December 1, 2009 or such other date as the parties thereto shall mutually agree upon (the "Installment Financing Agreement"), between the County of Iredell, North Carolina (the "County") and either a financial institution or Iredell County Public Facilities Corporation, a North Carolina non-profit corporation, of the construction of a new building for Mitchell Community College at its Mooresville campus, including the construction and equipping of seventeen general classrooms, and one multi -use classroom (the "Community College Project"), and that the Board of Commissioners would hear anyone who may wish to be heard with respect to the Installment Financing Agreement. As a matter of information, the Director of Finance of the County described the nature of the Community College Project, including the estimated cost thereof ($3,000,000), and the installment payments to be made by the County under the Installment Financing Agreement for such purposes. The Director of Finance further stated that the Board of Commissioners for the County (the "Board") may provide for the Installment Financing Agreement to be consolidated with an installment financing agreement that would provide for the financing of the expansion of the Union Grove Elementary School (the "Union Grove Elementary School Project"), if the Board determines that such consolidation would be beneficial to the County. The Director of Finance stated that the Union Grove Elementary School Project includes the construction and equipping of additional classrooms, a computer room, an art room, resource rooms and teacher centers, the demolition of existing structures, sewer upgrades and related sitework, and the aggregate cost of the Community College Project and the Union Grove Elementary School Project to be financed under the Installment Financing Agreement is not expected to exceed $8,200,000. No one appeared, either in person or by attorney, to be heard with respect to the Installment Financing Agreement and the Clerk to the Board of Commissioners announced that no written statement relating to said matter had been received. 4 Thereupon the Chairman introduced the following resolution, a copy of which had been provided to each Commissioner, which was read by title and summarized by the Director of Finance: RESOLUTION MAKING CERTAIN FINDINGS RELATING TO THE FINANCING OF CERTAIN COMMUNITY COLLEGE FACILITIES AND CERTAIN SCHOOL FACILITIES PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT AND AUTHORIZING THE DIRECTOR OF FINANCE TO FILE APPLICATION FOR APPROVAL THEREOF BY THE LOCAL GOVERNMENT COMMISSION BE IT RESOLVED by the Board of Commissioners for the County of Iredell, North Carolina (the "County"): Section 1. The Board of Commissioners does hereby find, determine and declare as follows: (a) The County proposes to finance the construction of a new building for Mitchell Community College at its Mooresville campus, including the construction and equipping of seventeen general classrooms, and one multi -use classroom (the "Community College Project"), and the expansion of Union Grove Elementary School, including the construction and equipping of additional classrooms, a computer room, an art room, resource rooms, and teacher centers, demolition of existing structures, sewer upgrades and related sitework (the "School Project"), pursuant to an installment financing agreement (which may be in the form of a supplement to an existing installment financing agreement), to be dated as of December 1, 2009 or such other date as the parties thereto shall mutually agree upon (the "Installment Financing Agreement"), between the County and either a financial institution or the Iredell County Public Facilities Corporation. (b) The Community College Project and the School Project are necessary in order to provide community college facilities and public school facilities, respectively, are essential to the public health, safety and welfare of the citizens of the County. (c) Based on advice from the County's investment bankers as to current tax- exempt interest rates, the sums to fall due under the Installment Financing Agreement are not excessive for its stated purposes; and moreover, the estimated costs of the Community College Project and the School Project are not excessive. (d) Counsel to the County has rendered an opinion that the proposed undertakings are authorized by law and are purposes for which public funds may be expended pursuant to the Constitution and laws of the State of North Carolina. (e) The Installment Financing Agreement, under the circumstances presently obtaining, is preferable to a general obligation bond issue for this purpose. The County's current fund balance is, in light of other requirements and prudent fiscal management, insufficient to fund the entire cost of the Community College Project and the School Project, the County does not have the ability to issue sufficient non -voted bonds under the provisions of Article V, Sec. 4 of the North Carolina Constitution for the purposes of financing the Community College Project and the School Project, and voting general obligation bonds for this purpose will result in unacceptable delay and additional cost to the County. (f) The estimated cost of financing the Community College Project and the School Project pursuant to the Installment Financing Agreement compares reasonably and favorably with an estimate of similar cost for general obligation bond financing therefor. The primary difference in cost results from higher issuance costs, but this amount is insignificant when compared to the total cost of financing the Community College Project and the School Project. (g) The debt management policies of the County have been carried out in strict compliance with law, including the filing of all required audits and reports with the Local Government Commission (the "LGC"), and the County is within its statutory debt limit and is not in default with respect to any of its outstanding indebtedness. (h) The County estimates that no increase in the property tax rate will be required to raise sums to pay the estimated debt service to fall due under the Installment Financing Agreement for all of its stated purposes. 5 (i) The County has made timely payment of all sums owed by it with respect to the payment of principal of and interest on all of its outstanding debt obligations and has received no notice from the LGC or any holder concerning the County's failure to make any required payment of debt service. Section 2. The LGC is hereby requested to approve the proposed Installment Financing Agreement pursuant to the provisions of Article 8 of Chapter 159 of the General Statutes of North Carolina, and the Director of Finance of the County is directed to complete and file all applications and execute all documents required in connection with obtaining such approval. Section 3. The LGC is hereby requested to approve the selection of the following professionals who comprise the financing team, and such other professionals as may be required or useful and acceptable to the LGC, to assist the County in connection with such financing: Special Counsel Sidley Austin LLP Section 4. All actions heretofore taken by the County Manager and the Director of Finance in connection with the Installment Financing Agreement, including retaining Special Counsel and providing notice that the Community College Project and the School Project may be financed by a consolidated installment financing agreement, are hereby ratified and confirmed. Section 5. This resolution shall take effect immediately upon its passage. Upon motion of Commissioner Robertson, the foregoing resolution entitled "RESOLUTION MAKING CERTAIN FINDINGS RELATING TO THE FINANCING OF CERTAIN COMMUNITY COLLEGE FACILITIES AND CERTAIN SCHOOL FACILITIES PURSUANT TO AN INSTALLMENT FINANCING AGREEMENT AND AUTHORIZING THE DIRECTOR OF FINANCE TO FILE APPLICATION FOR APPROVAL THEREOF BY THE LOCAL GOVERNMENT COMMISSION" was passed by the following vote: Ayes: 5 - Commissioners Williams, Norman, Johnson, Keadle and Robertson. Noes: 0 ADMINISTRATIVE MATTERS Request for Approval of Budget Amendment #26 Pertaining to Mooresville Graded Schools' Application for North Carolina Education Lottery Proceeds: Finance Director Susan Blumenstein said the Mooresville system had submitted a lottery application for the release of $677,015. She said $548,615 was included in the FY 09-10 budget to pay debt service, and the remaining $128,400 would offset the State's two -third reduction of $53,400 in beer/wine taxes that had been originally appropriated. Blumenstein said the remaining $75,000 would be used for unanticipated roof repairs. Commissioner Robertson asked for a clarification on how much the state was cutting Mooresville's beer and wine taxes. He also asked if the money would eventually be returned to the school system. Blumenstein said Mooresville had a two -third's cut, and the money would not be returned. Robertson said for the record, the public needed to know the county commissioners did not cut the education allotment rather it was done by a Democrat General Assembly, a Democrat State Senate, and a Democrat Governor. MOTION by Commissioner Johnson to approve the request. VOTING: Ayes — 5; Nays — 0. 6 Request for Approval of the CVS/Caremark Minute Clinic as an Accepted In -Network Provider Under the County Health Plan through the North Carolina Association of County Commissioners: Interim Human Resources Director Cynthia Eades said the Minute Clinics, if approved, would be available for covered members beginning January 1, 2010. She said two types of savings could be realized: (1) savings for the health plan due to the clinic's average cost of $110 per visit compared to $166 for a doctor's office, $156 for an Urgent Care facility, and $570 for an emergency room visit and (2) savings for the covered member due to there not being a co -pay (all lab work is covered). Mrs. Eades said the program was similar to the prescription drug care coverage in that the co -pay for generics was lower than for name - brand drugs. She said the clinics were designed to treat non -emergency illnesses, and they were staffed by physician assistants or nurse practitioners with no appointment necessary. Eades said currently, the only site in Iredell County offering the clinics was the CVS on River Highway in Mooresville, NC. MOTION by Commissioner Keadle to approve the request. VOTING: Ayes — 5; Nays — 0. Request for Approval of an Agreement with Mountain State University (MSU): Interim Human Resources Director Cynthia Eades said MSU was based in Beckley, West Virginia; however, it had a satellite campus in Mooresville, NC. She said county employees could receive a 20% tuition discount if the county (1) allowed the university, two times a year, to post announcements in the County Circle Newsletter along with the Intranet, (2) provided space (table) at the wellness fair for an exhibit (3) allowed MSU notices on bulletin boards, and (4) allowed the facility to address employees through a "lunch and learn" seminar. Mrs. Eades said MSU offered a master's degree in Strategic Leadership, and a bachelor's degree in Organizational Leadership. She said the tuition was $12,000.00, and the discount would save the employee $2,400 for the entire program. Commissioner Nonnan asked if the facility was accredited, and Mrs. Eades said yes. MOTION by Commissioner Robertson to approve the agreement between the county and Mountain State University. VOTING: Ayes — 5; Nays — 0. Request for Approval of the October 20, 2009 Minutes: MOTION by Commissioner Keadle to approve the minutes. VOTING: Ayes — 5; Nays — 0. 7 To increase Lottery Proceeds Revenue to offset reduction in Beer and Wine Taxes BA#26 revenues and appropriate to Mooresville Graded Schools for Roofing Repairs, Awount# Current Change Amended General Fund 104700 4571.02 Lottery Proceeds - MGSD (548,615) (128,400) (677,015) 104020 4330.00 Beer & Wine Taxes (426,490) 53,400 (373,090) 105700 5602.02 Mooresville Capital Outlay - 75,000 75,000 Request for Approval of the CVS/Caremark Minute Clinic as an Accepted In -Network Provider Under the County Health Plan through the North Carolina Association of County Commissioners: Interim Human Resources Director Cynthia Eades said the Minute Clinics, if approved, would be available for covered members beginning January 1, 2010. She said two types of savings could be realized: (1) savings for the health plan due to the clinic's average cost of $110 per visit compared to $166 for a doctor's office, $156 for an Urgent Care facility, and $570 for an emergency room visit and (2) savings for the covered member due to there not being a co -pay (all lab work is covered). Mrs. Eades said the program was similar to the prescription drug care coverage in that the co -pay for generics was lower than for name - brand drugs. She said the clinics were designed to treat non -emergency illnesses, and they were staffed by physician assistants or nurse practitioners with no appointment necessary. Eades said currently, the only site in Iredell County offering the clinics was the CVS on River Highway in Mooresville, NC. MOTION by Commissioner Keadle to approve the request. VOTING: Ayes — 5; Nays — 0. Request for Approval of an Agreement with Mountain State University (MSU): Interim Human Resources Director Cynthia Eades said MSU was based in Beckley, West Virginia; however, it had a satellite campus in Mooresville, NC. She said county employees could receive a 20% tuition discount if the county (1) allowed the university, two times a year, to post announcements in the County Circle Newsletter along with the Intranet, (2) provided space (table) at the wellness fair for an exhibit (3) allowed MSU notices on bulletin boards, and (4) allowed the facility to address employees through a "lunch and learn" seminar. Mrs. Eades said MSU offered a master's degree in Strategic Leadership, and a bachelor's degree in Organizational Leadership. She said the tuition was $12,000.00, and the discount would save the employee $2,400 for the entire program. Commissioner Nonnan asked if the facility was accredited, and Mrs. Eades said yes. MOTION by Commissioner Robertson to approve the agreement between the county and Mountain State University. VOTING: Ayes — 5; Nays — 0. Request for Approval of the October 20, 2009 Minutes: MOTION by Commissioner Keadle to approve the minutes. VOTING: Ayes — 5; Nays — 0. 7 ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS COMMISSIONS Animal Grievance Committee (1 announcement) Nursing Home Advisory Board (I announcement) APPOINTMENTS TO BOARDS & COMMISSIONS Crossroads Behavioral Healthcare (3 appointments): Chairman Williams said a slate of candidates would be shared at the November 17 meeting. COUNTY MANAGER'S REPORT: Mr. Mashburn reminded the board members about the Friday, November 6 meeting at 8 A.M., in the South Wing Conference Room. He said the following items would be discussed: budget overview/ revenue projections, presentation on the Unified Development Ordinance, and a presentation from the Recreation Director concerning the possible donation of land/facility in the west Iredell area to the county. Mashburn said guidance, or a prioritization, would be requested from the board if there was a need to make budgetary reductions. He said the meeting should adjourn around noon. ADJOURNMENT: There being no further business to conduct, Commissioner Johnson made a motion at approximately 7:30 P.M., to adjourn. (NEXT MEETING: Friday, November 6, 2009, at 8 A.M., in the South Wing Conference Room of the Iredell County Government Center, 200 South Center Street, Statesville, NC) VOTNG: Ayes — 5; Nays — 0. Approval: 8 Clerk to the Board