HomeMy WebLinkAboutSeptember_7_2010_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
SEPTEMBER 7, 2010
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
September 7, 2010, 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 Steve Johnson
Scott Keadle
Frank Mitchell
Ken Robertson
Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy County
Manager Tracy Jackson, Finance Director Susan Blumenstein, Code Enforcement Director Lynn Niblock,
Planning Director Ron Smith, Assistant Communications Director Brad Brawley, Purchasing Agent Dean
Lail, Assistant Tax Asssessor Steve Ervin, 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 Keadle to approve the
agenda with the following adjustment:
Addition: Appointment Before the Board for Dr. Kenny Miller, Representing the Iredell-Statesville
School System, with a Request for Permission to Submit a Qualified School Construction
Bond Program Application
VOTING: Ayes — 5; Nays — 0.
APPOINTMENTS BEFORE THE BOARD
Crossroads Behavioral Healthcare Executive Director David Swann Presents a Six -Month
Report: Swann noted that Crossroads was celebrating its 40°i anniversary this year, and that Iredell
County joined the agency in October of 1997. He said Crossroads operated as a local managing entity
under the North Carolina Department of Health and Human Services. Swann then highlighted
information that was included in the agenda packets, and some of the material is as follows:
Finance Summary: Crossroads ended the year with a loss of $528,904 which was replaced with
fund reserves. The loss was the result of a planned commitment of $500,000 in fund reserves by the
Crossroads board to meet the requirements of the North Carolina Department of Health and Human
Services.
19
Robertson asked how the agency worked with 38% more patients with a 15% budget reduction.
Swann said the state requirements stipulated that services for the most severely impaired had to
be protected (higher cost services), and this meant there had to be a loss of the least severe disabilities,
which cost less.
Robertson asked about the service expansions.
Swann said these occurred primarily through collaborations, plus there was a restoration of funds
that were cut last fiscal year.
Robertson asked if Swann knew the state's budgetary position for Crossroads next year.
Swann said the state was expecting a $3 billion shortfall, and department heads had been asked to
consider areas to cut. He said the shortfall was due to the discontinuation of stimulus funds and the
expiration of some tax revenues. Swann said his agency did not know of any specific areas that would be
cut.
Commissioner Johnson said $528,000 of fund balance had been used to meet some state
requirements. He asked if the same would occur next year.
Swann said there was a two-year plan, and another $500,000 was supposed to be contributed this
year, but when the General Assembly restored the funding, this requirement was eliminated. Swann said,
however, the state might request another fund balance contribution.
Johnson said the fund balance was around 15.5%. He asked if the balance would remain around
this percentage.
Swann said yes.
Commissioner Mitchell asked what percent of the population was cured during the first visit for
substance abuse services.
Swann said on the first attempt, probably 25% did well and remained clean for some period of
time. He said for the rest, they often had to return for more services. Swann said addiction treatment was
a lifelong process similar to diabetes — the person had to do something everyday to remain recovered.
Request from the Iredell Statesville School System for Permission to Submit a
Qualified School Construction Bond (QSCB) Program Application: Dr. Kenny Miller, with the
Iredell-Statesville School System, said (1) on August 25 notification was received about additional QSCB
funding (2) the QSCB had zero percent financing and (3) the actual guidelines were received on
August 30. He said this was the third offering of this batch of funds, and the system was not included in
the second offering due to Iredell-Statesville being considered a high -wealth county. Miller said that if
the board agreed, the bonds would be used towards the Cool Springs project which was the last project in
the Phase III Facilities Task Force Plan. Dr. Miller said it was understood that the economy was a
consideration at this time, and the debt retirement would be of concern. He said if the system did not
apply for the bonds; however, this offering would expire on December 31. Miller said the system desired
to apply for $3.4 million in additional bonding authority, and his board desired to meet with county
commissioners about methods to pay the debt service. He said the board of education might be able to
assist with the debt, but if it were determined that it wouldn't work out, at least the system tried to use this
QSCB offering. Miller said Cool Springs would be first on the Phase IV list, if this offering wasn't
pursued. He said the QSCB program was a chance to save money; however, it wouldn't be a totally zero
percent interest bond due to closing costs and so forth. Miller said the current bid climate was the best it
had been in 20 years, and the school system would, as it had been doing, use as many local contractors
and businesses as possible.
Commissioner Keadle asked the timeframe for the bonds.
Miller said the federal and state government had set December 31, 2010 as the deadline, and if
not all of the funds were requested, they would revert to the bond pool. He said the 2009 bonds had been
carried over to 2010, and there was a possibility these bonds might be carried over to 2011.
Keadle asked when a decision or a commitment by the county commissioners had to be made.
Finance Director Susan Blumenstein said the school system had to submit the application by
September 8, 2010.
Commissioner Johnson said with this being the third offering, other counties in the state were not
requesting the bonds.
Miller said the first offering in 2009 was approximately $280 million, and it was distributed in
two offerings. He said in 2010, another $270 million was offered, and Iredell-Statesville obtained $4
million. Dr. Miller said that in the second offering, the system wasn't included due to being designated as
a high -wealth county. He said $50 million now remained, and it was his understanding all of this had
been requested. Miller said an e-mail had been sent to the state indicating Iredell-Statesville was
interested, but if permission wasn't given to submit an application, the funds would revert to the pool.
Johnson said there were costs associated with the bonds, but the interest couldn't be beat. He said
construction costs would be lower now; however, the money might be available in the future. Johnson
said, "When the banking crisis started, the Federal Reserve injected about two and a quarter trillion
dollars into the banks -- they just created money out of thin air. They just told the banks you've got it if
you want to loan it. Well, they arc not loaning, and no one is borrowing, even with low interest, because
they are afraid they can't pay it back." Johnson then asked to defer the matter until a discussion could
occur about the county's revenue stream and the revaluation.
Miller said the county would not be obligated if the application was sent to the state. He said
the county was simply saying it would like to have the option to issue the bonds. Miller said that if the
county chose not to proceed, the bonds would revert to the pool. Dr. Miller said the application had
already been completed, and the school board had approved it.
MOTION by Commissioner Johnson to allow Dr. Miller to apply for the bonds with the
understanding the board of commissioners was not committing to anything until the county's revenues
had been reviewed.
Commissioner Robertson said the county didn't have a revenue stream for the bonds. He asked
why the commissioners should mislead the school system or state into believing the county would
proceed when there wouldn't be three votes on the board to increase taxes enough to pay the $1,094,000
needed for the debt service in budget year 2013. Robertson said projections indicated that even with the
low interest and a good construction climate, the county would still be a million dollars in the hole.
Johnson said that in a down economy, increasing taxes would be like "pouring salt into a wound."
(At this point, there was a discussion in regards to what entity was actually holding the bond
money and receiving the interest.)
Blumenstein said the money was not real money. She said it was an allocation that offered the
banks or private investors some type of incentive. Blumenstein said initially, banks were given a tax
credit for holding the debt when the county issued it. She said now, the county borrowed the money from
the bank at a taxable rate. Mrs. Blumenstein said the US Treasury each day set a new rebate rate, and on
the closing date, there would be a taxable rate paid to the bank. Blumenstein said each time a debt
payment was made, the county was rebated the interest, and this was where there could be a difference
due to the bank setting the rate the date of the proposal. She said the Local Government Commission had
not experienced a spread any greater than 75 basis points, and this was the number used in her
4
calculations. Blumenstein said QSCBs were not pots of money rather it was a method for the counties to
borrow at a lower interest rate.
Miller said the worst-case scenario would be as follows: The county applied for the QSCBs, but
later it became evident there was not a sufficient revenue stream for the debt, then on December 31", the
money would revert to the pool. He said the best -case scenario would be that at December 31, money
still remained in the pool, and the state might make a decision to offer the bond program in 2011.
Keadle said sending an optimistic signal to the school system was bad business.
Miller said the board of education had some resources that could be added into the "mix," and
this could bridge the funding gap. He said the board of education, however, would have to approve the
use of the resources. Miller said that if the system did not apply for the QSCBs, then the option to include
the 53.4 million with the $9.3 million for the Cool Springs project would be gone. Dr. Miller said the
school system could possibly pay the debt service for a year or possibly two years.
Commissioner Robertson said that at the last budget session, the school system said it was as
"broke as church mice."
Miller said lottery funds, disbursed to the county for school construction, were distributed on a
quarterly basis. lie said a planning number was provided by the state, and it was $1,400,000. lie said
this money had to be used for capital investment for the schools, and it had been used for the career
academy in the pay-as-you-go plan. Miller said that when the fourth-quarter money came out, the state
had excess funds because it took in more than anticipated in the planning budget. He said there was a net
increase in the amount of money available of $900,000. Miller said this money could (1) be applied to
other projects, (2) it could be held in abeyance, or (3) it could be projected towards debt service. Dr.
Miller said he would not want to use lottery funds for debt service long term; however, it there were funds
that could be set aside short term this would be different.
Keadle asked Dr. Miller if the project could be entirely done without additional funding from the
county commissioners.
Miller said yes -- the project could be accomplished with the $12.7 million in bonding authority
should be commissioners choose this route. He said the debt service was the questionable part. Miller
said the school system could do a year as a stop -gap, but later it couldn't be done without using all of the
recurring capital that was normally needed in the summer for basic projects. He said it wouldn't be
advisable to use lottery funds long-term for debt service, even though this was permissible.
Robertson said, "I've got some concerns that every dime in your revenue stream that you've got,
that you're going to have dedicated to planned capital projects, when we know there are unplanned capital
projects that come down the path. We don't have capital reserve funds anymore to help anybody. I just
think we're flying way too low to the ground on this one. I'm not going to support going forward because
I don't think this board if going to raise the taxes to do it. We know we're not going to raise the taxes to
do this, or if they spend all of their money to do this, and they don't have anything in reserve, then even
if we didn't raise taxes, we'll be back in a situation where we'll have to pay for stuff that nobody in this
room can identify what the project is in the next few years. I believe in our next budget cycle we will be
arguing about whether or not the county will help you with your expense budget to put teachers in the
buildings after the state finishes with cuts."
Keadle said he stood by his comments and what Commissioner Robertson had said. He said that
even if the school board figured out a way to fund the project, the county still had some oversight and it
could be that they (school system) might have to be saved from themselves.
Robertson said the next time that Dr. Miller came before the commissioners to not say, "Our
board could vote on spending this money if you did this." He said it needed to be already voted upon, and
with the school system's finance officer saying the money was ready to go.
Miller said there had been a discussion but no vote.
Mitchell said he was concerned that if the county didn't apply, the money would be used in the
eastern part of the state. He said it was his understanding that from now until December, the
commissioners could review the matter, and nothing was being committed.
Johnson said the county would not borrow the money until there was an actual vote.
Miller said this was correct.
Blumenstein said this was correct; however, authorization would be needed by October 1, 2010,
to move ahead in accepting proposals, holding a public hearing, and working with the bond counsel to put
the deal together in order to close by December 3l. She said the Local Government Commission would
have to approve the bonds at a meeting on the first Tuesday in December.
Johnson said he didn't want to create any false expectations. He said that in reviewing a
spreadsheet prepared by Mrs. Blumenstein, assuming the QSCB request were approved, that in 2013, the
county would be in the red by 51,094,000 and in the following year the number would drop to $111,082.
Johnson said the material indicated the county would break even in 2015.
Blumenstein said this was correct; however, in 2013, the $1,094,000 (in the red) would be prior to
funding any annual capital.
Johnson said in other words if a roof leaked, the county couldn't fix it.
Blumenstein said this was right.
Robertson said, "I promise you, we will be given the opportunity to contribute when that
happens."
Johnson said he desired to stand by his motion because if the board didn't approve the request to
submit the application, Iredell County would lose its place in line for the QSCBs, and the process might
have to start over. He said it was his belief that not everyone in the state would exercise the option.
Johnson said that if the economy improved, and the money continued to be available, that in two or three
years if the opportunity remained, the county could borrow the money. He said, however, given the
revenue projections provided by Mrs. Blumenstein, there would be a deficit of $1,094,607 in 2013, and in
2014 it would be $111,082 which did not include any building maintenance funding. Johnson said that
unless the school system could come up with $1.2 million to get the county back to the break even point,
and to come up with funds to fix HVAC problems and roofs, then to proceed without some guarantee on
the school system's part would be irresponsible.
VOTING: Ayes — 3; Nays — 2 (Keadle & Robertson)
PUBLIC HEARINGS
Chairman Norman declared the meeting to be in a public hearing.
Rezoning Request — Case No. 1008-1; Consideration of a Request from the
Statesville Brick Company for a Rezoning from Residential Agricultural to Heavy
Manufacturing (M-2) — Conditional District: Planning Director Ron Smith highlighted the
planning case report for this rezoning request as follows:
CASE # 1008-1
EXPLANATION OF THE REQUEST
This is a request to rezone 293 acres at the end of Marilyn Road from RA, Residential
Agriculture District to M2 CD, Heavy Manufacturing Conditional District. The proposed
use forthe property isfora brickand the manufacturing and distribution operation.
OWNERIAPPUCANT
OWNER/APRJCANT: Statesville Brick Company
391 Bric k Ya rd Ro a d
Statesville. NC 28677
6
LOCATION: At the end of
Marilyn Road; more
specifically identified as
PIN # 3792-91-0378.
DIRECTIONS: 70 West, left
on Brick Yard Road, left
on Marilyn Road.
SURROUNDING LAND USE
Thisproperty isadjacent
to the Catawba River
and Ratesville Brick.
Residential and farming
usessirround the
remaining portions.
SIZE The entire property
is 321 acres, and 293
acres are being
requested forrezoning.
Case #1008-1
Current Zoning
M
BUSTING LAND USE Currently the property isnot being used.
ZONING HISTORY: In 1990 this property waszoned RA, Residential Agriculture.
OTHER JURISDIC11ONALINFORMATION: N/A
OTHERSITECHARACTERISTICS This property is located in the WSIV-CA watershed.
IMPACTSON LOCAL INFRASiRILICTUREAND/ ORFACILITES
TRAFFIC: Brick Yard Road and Marilyn Road have had no traffic counts conducted
although traffic isminimal.
SCHOOLS: Because thisisan industrial rezoning request, there should be no implications
on local schools.
FIRE MARSHAL This proposal has been reviewed by the Iredell County Fre Marshal's
Office. The Fre Marshal's Office hasno issueswith the proposal.
EMS This proposal hasbeen reviewed by the EMSDirectorand he had no problemsor
commentswith regardsto the request.
I REQUIRED REVIEWS BY OTHERAGENCIES
LOCAL The applicant will have to provide a site plan to the Planning Department for
review to develop the property. Zoning requirements such as parking and screening
will be reviewed at such time. An erosion and sedimentation plan will be required and
reviewed before any new construction begins.
STATE Other than building code and food and septic standards through the Health
Department, and NC DOTfor the driveway locations there should be no formal state
agency review at thistime.
FEDERAL None at thistime.
STAFFAND BOARD COMMENTS
STAFF COMMENTS Planning staff is recommending approval of the request based the
conditions on the 2030 Horizon Plan identifying this area to be rural industrial which is
suitable forthe heavy industrial zoning classification requested.
7
Public Input Meeting: The public input meeting was held on July 141h at 6 pm at the
Iredell County Buildings Standards Center. There were approximately 20 attendees at
the meeting to hear the proposal and voice their opinion. Main comments from the
public included the types of uses allowed in the proposed zoning district, speed limit,
accessto the property, phasing of development and buffers.
STE REVIEW COMMITIEE- Alan Williamsand Kristi Pteufervisited thissite with the staff on
July 19, 2010.
PLANNING BOARD AC11ON: On August 4, 2010, the Planning Board voted 6-0 to
recommend in favor of thiszoning map amendment and to advise that it is consistent
with the Iredell County 2030 Horizon Plan.
Commissioner Johnson asked about the variation in the buffer distances around the
property's perimeter. He asked if this were due to the topography, or concerns from neighboring
property owners.
Smith said it was a standard 100 feet, but there was a water way down to the river. He
said the floodplain was used, and this was why the wider areas were located.
Johnson said a 300' buffer would be necessitated by the floodplain.
Smith said yes, to some degree.
David Brady, an adjoining land owner with two tracts, said he wasn't necessarily
opposed or in favor of the rezoning, but he was disappointed in the process. Brady said a year
ago, the property owners were asked if they would approve the brick company having a mining
permit. He said the neighbors approved the request, and now three brick plants were up for
approval. Brady said that in the initial meeting with the company, he asked if there were any
Crescent deed restrictions and was told there were none. He said there were 8 pages of
restrictions on the II page deed. Brady said this was mentioned at the planning board meeting,
and Chairman Fields said they only voted on the rezoning issue and not the deed. In addition,
Brady said he was concerned that the planning department had setbacks that were different from
the deed restrictions. He said at the meeting a question was asked if the 100 -yr. floodplain, along
Buffalo Creek, was also the 770 foot high water mark outlined in the deed as the contour line.
Brady said that no one knew the answer. Continuing, Brady said he asked why there was no
buffer zone shown along Buffalo Creek above the 770 high water mark and no one responded to
this. He said the guidelines published by the planning board stated that a screening device must
be placed on the full length of any common property line, and it must be at least 90% opaque in
all seasons. Mr. Brady said the deed restrictions stipulated that if the property were used for
industrial purposes that no industriall uses would be permitted within 200 feet measured
horizontally regardless of the topography of the 770 foot contour line. Brady said he also asked
if there were any restrictions concerning stack heights on the property and was told there were
none. He said the deed did not allow for a communication tower above 50 feet. Brady said he
wanted to be assured by the company, as well as the county commissioners, that the rezoning
would be at least within the property's deed restrictions; particularly the buffer zones between
Statesville Brick and the adjoining land owners. He said that his property had 7,000 feet of
common property lines, and sometime in the future, he desired to build houses on the site across
from Buffalo Creek (Phase II). Brady said during the winter months he wanted to make sure the
new houses would not be seeing a brick plant. He said the company representatives, when
asked, had indicated the brick company was not up for sale.
Planning Director Smith responded to Mr. Brady's comments as follows:
I" Issue on Screening: Mr. Brady is correct. There is a 10 foot high vegetation screening
requirement, or something similar. Smith said trees would provide a better screen than a fence,
and the planning department would require the area to be maintained.
2nd Issue on Deed Restrictions: The planning department does not deal with any property deed
restrictions unless it's something on a recorded plat. Smith said it was "impossible for the office
9
to look at every deed that came through the office," and his employees were not qualified for this
type of review.
P Issue on the 770 line: There was confusion at the planning board meeting. Pointing at a blue
line that was depicted on the projector screen, Smith said this indicated the 770 line or contour
which was basically the project boundary line of the lake and river. He said the company's site
plan went beyond this, and the area would be protected. Smith said he could not speak about
what view might be seen from Mr. Brady's property.
Commissioner Mitchell asked if the 100 -foot buffer was enough or would some
additional evergreens be necessary.
Smith said the buffer, regardless if the company provided it, or nature was used, would
have to be 90% opaque, and generally speaking, around 10 feet. He said, however, that natural
vegetation would be higher. Smith said this was a conditional rezoning and additional language
for the buffer could be added.
Commissioner Robertson said the topography would have to be reviewed. He questioned
how realistic it would be to guarantee a view. Robertson said no one wanted to have a
manufacturing company as a view, but jobs had to be provided.
Smith said 9 times out of 10, natural vegetation would provide a better covering than
anything the company might provide.
Commissioner Robertson asked if a new company owner would be able to combine or
mix in other manufacturing components or businesses.
Smith said no. He said any change to the conditions stated on the application would have
to navigate through the same process with the planning department.
Robertson asked if the deed restrictions were more restrictive than what was listed for the
conditional use. He asked which one ruled.
Attorney Bill Pope said the more restrictive.
Commissioner Johnson said a topo map wasn't available, but it was assumed the 770 line
was an elevation.
feet.
Smiths said yes.
Johnson said the blue line (on the map depicted on the screen) was approximately 770
Smith pointing to the map said yes.
Johnson asked if the interior of the property fell towards the line.
Smith, again pointing to the map, said everything would start falling back to this point
because it would drain into the creek and lake.
Johnson said 300 feet off that line would be a higher elevation than the blue line.
Smith said yes. He said the submitted plan was conceptual.
County Manager Mashburn mentioned that the county did not enforce deed restrictions.
Attorney Pope said they were private agreements, and it would be up to someone else to
enforce them.
Mashburn said there should be a clear understanding that the county did not enforce deed
restrictions unless they were included in the conditional use.
9
Attorney Pope said the deed restrictions were a private form of government -- an
agreement between two individuals with the county not being a party involved. He said that if
the deed required a 500 -foot setback, and the county required a 300 -foot setback, then the
county's only interest would be enforcing the 300 feet. Pope said the 500 -foot setback would
have to be enforced by someone else -- it wasn't the county's job to become involved in private
contract matters and to enforce them for one side or the other.
Attorney Bedford Cannon, representing the Statesville Brick Company, said the business
had existed for almost 100 years, and it was not for sale. He said most of the commercial traffic
would flow through the brickyard. Cannon said in years past, the company had experienced
vandalism and theft due to a road that extended to Hwy. 70. He said a portion of the road was
abandoned to alleviate the problem, and now Marilyn Drive and Brickyard Road were no longer
a part of the loop. He said it was unknown when Phase I might be implemented due to the
economy; however, the company wanted to be prepared when the building trade improved.
Cannon said the manufacturing, to eventually occur, would produce the same type of clay
products, with a possibility of tile. He said the company had spent approximately $10 million on
the expansion and was currently burning wood; however, the newer facility would have other
types of technology for cleaner combustion in manufacturing the products.
No one else desired to speak, and Chairman Norman adjourned the hearing.
MOTIO by Commissioner Keadle to approve the zoning map amendment and to make
a finding that the approval was consistent with the adopted 2030 Horizon Plan and that said
approval was reasonable and in the public interest due to its 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.
Chairman Norman declared the meeting to be in a public hearing.
Rezoning Request — Case No. 1008-2; Consideration of a Request from
Owner/Applicant Locke -Lane Properties, LLC /Andrew Sherrill for a Rezoning from
Neighborhood Business & Residential Agricultural to General Business: Planning Director
Smith reviewed the case report for this rezoning as follows:
CAST= # 1008-2
EXPLANATION OFlHERMUESST
This is a request to rezone 6.7 acres at 5063 Taylorsville Hwy from NB, Neighborhood
Business and RA, Single Family Residential Zoning District to GB, General Business Zoning
District.
OWNERIAPMCANT
Owners/Applicant: Locke -Lane Properties, LLC -Andrew Stierrill
2508 S Chipley Ford Road, Statesville, NC 28625
PROPERIY INFORMATION
LOCATION: 5063
Taylorsville Hwy; more
specifically identified
as PIN 3797-82-4184.
DIRECTIONS: North on
Taylorsville Hwy ste is
past Midway Road on
south side.
SURROUNDING LAND
USE Industrial,
Commercial, and
Residential uses
surround the property.
Case #1008-2
Current Zoning
m,
F
°A
_ F`°° %
�� �y�
SIZE 6.7acresare being requested for rezoning.
EXISTING LAND USE Currently there is a commercial building on the property built in
1947 that most recently wasused asa bar.
ZONING HISTORY: Thispropertywaszoned NB/RA in 1990 with countywide zoning.
C�Si71.:7L111 F`7f�3if07.T_T111111Id1 �3onVAILdJi■r•
OTHER SITE CHARACTERISTICS Ibis property is not located in a drinking water supply
watershed.
IMPACTSON LOCAL INFRASiRUCTUREAND/ ORFACILITES
TRAFFIC: In 2008, the average number of vehicles per day on Taylorsville Hwy .5 miles
north of the site was3,400, with a capacity of 13,100 vehiclesperday.
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 Fre Marshal's
Office. The Fre Marshal's Office hasno issueswith the proposal.
EMS: This proposal hasbeen reviewed by the EV1SDirectorand he had no problemsor
commentswith regardsto the request.
RIMUIRED REVIEWS BY OTHERAGENCIES
LOCAL The applicant will have to provide a site plan to the Planning Department for
review to develop the property. Zoning requirements such as parking and screening
will be reviewed at such time. An erosion and sedimentation plan will be required and
reviewed before any new construction beginsif overan acre of land isdisturbed.
STATE Other than building code and food and septic standards through the Health
Department, and NC DOTfor the driveway locations there should be no formal state
agency review at thistime.
FEDERAL None at thistime.
STAFFAND BOARD COMMENTS
STAFF COMMENTS Planning staff is recommending approval of the request based on
the 2030 Horizon Plan identifying this area to be corridor commercial which is suitable
forthe general businesszoning classification requested.
SITE REVIEW COMMITTEE Alan Williams and Kristi PTeufervisited this site with the staff on
July 19, 2010.
PLANNING BOARD ACTION: On August 4, 2010, the Planning Board voted 8-0 to
recommend in favor of this zoning map amendment and to advise that it is consistent
with the Iredell Countv 2030 Horizon Plan.
Andrew Sherrill, the property owner, said his intent was to place a contractor's office on
the site to replace an existing "beer joint." He said that in the back of the property, a steel
building would be built to securely store copper and piping. Sherrill said his business primarily
concentrated on grading along with water and sewer work.
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 the approval was consistent with the adopted 2030 Horizon Plan and that said
approval was reasonable and in the public interest due to its 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.
ADMINISTRATIVE MATTERS
Request from Emergency Management for Approval of Budget Amendment # 8 to
Allocate Funding in the Amount of $10,500 to Conduct an Exercise at the Statesville
Airport with Reimbursement to be sent from the North Carolina Emergency Management
Office Upon Completion: Assistant Communications Director Brad Brawley requested approval to
allocate $10,500 to conduct an exercise at the airport with total reimbursement to be obtained from the
state emergency management office.
MOTION by Commissioner Keadle to approve Budget Amendment #8.
VOTING: Ayes --- 5; Nays -- 0.
Request from the Emergency Communications Operations Management
Department for Approval of Backup Public Safety Answering Points (PSAP) Agreements
with the Statesville Police Department & the Mooresville Police Department: Assistant
Communications Director Brad Brawley said the North Carolina 911 Board required PSAP agreements
for secondary public safety answering points.
OTION by Commissioner Johnson to approve the agreements.
VOTING: Ayes — 5; Nays — 0.
Request from the Sheriff's Department for Approval of Budget Amendment #9 to
Accept a $25,917 Department of Justice/Justice Assistance Grant: County Manager Joel
Mashburn said the board had already approved a request from the sheriffs department to apply for these
funds that had now been awarded to the county.
MOTION by Commissioner Keadle to approve budget amendment #9.
VOTING: Ayes - 5; Nays -- 0.
To appropriate funds from North Carolina Emergency Wnagerrent to conduct
an exercise at the Statesville Airport.
BA#8
9/7/2010
Account #
Current Change Amended
General
Fund
Account #
Curtertt
Change
10454643800014551
NCEMAJrpot Exerase
General Fund
(10,500)
(10,500)
105546 510004 14551
Overtime
104510435000 5211
3,000
3,000
10554653500014551
Supplies
(25,917)
5,000
5,000
105546 53750814551
Contracted Serooes
1,408
2,500
2,500
Request from the Emergency Communications Operations Management
Department for Approval of Backup Public Safety Answering Points (PSAP) Agreements
with the Statesville Police Department & the Mooresville Police Department: Assistant
Communications Director Brad Brawley said the North Carolina 911 Board required PSAP agreements
for secondary public safety answering points.
OTION by Commissioner Johnson to approve the agreements.
VOTING: Ayes — 5; Nays — 0.
Request from the Sheriff's Department for Approval of Budget Amendment #9 to
Accept a $25,917 Department of Justice/Justice Assistance Grant: County Manager Joel
Mashburn said the board had already approved a request from the sheriffs department to apply for these
funds that had now been awarded to the county.
MOTION by Commissioner Keadle to approve budget amendment #9.
VOTING: Ayes - 5; Nays -- 0.
Request from the Sheriffs Department for Approval to Award a Sole -Source
Contract to Alliance AutoGas in the Amount of $215,000 to Purchase Equipment to
12
To appropriate the 2011 JAG Grant in the Sheriffs department.
BA#9
9'7/2010
Account #
Curtertt
Change
Amended
General Fund
104510435000 5211
Dept of Justice- JAG Gant
(25,917)
(25,917)
105510 510004 5211
Overtime
1,408
1,408
105510 535000 5211
Supplies
10,009
10,009
105510 610000 5211
Depreciable Assets
14,500
14,500
Request from the Sheriffs Department for Approval to Award a Sole -Source
Contract to Alliance AutoGas in the Amount of $215,000 to Purchase Equipment to
12
Convert up to 50 Ford Crown Victoria Automobiles to Dual Fuel Propane: Purchasing
Agent Dean Lail said the board approved a budget amendment in April that appropriated $215,000 to
convert 50 law enforcement vehicles to either natural gas fuel or regular. He said the board also approved
for the sheriffs department to apply for a Clean Fuel Advanced Technology grant of $39,826 that had
also been awarded. Lail said Alliance AutoGas had been identified as the only company capable of
converting all of the Crown Victoria models, and another business, IMPCO, had certifications for the
2009 and 2010 vehicles but nothing older. He said the sheriffs department was requesting to award a
sole -source award to Alliance AutoGas for the turn -key package to convert the 50 vehicles.
Mashburn questioned whether or not the award was for all 50 vehicles.
Lail said it was for all of the vehicles -- 50 of them.
Mashburn said he had been informed by Chief Deputy Dowdle that the sheriff only wanted 13
converted at this time.
Lail said the intent was to start with 13 but to carry through with the remaining vehicles later. He
said the $215,000 would convert all 50.
Mashburn said an earlier conversation with Chief Dowdle revealed that the county's vehicle
service employees would have to be trained to install the fuel dispensers as well as to maintain the
vehicles. He said many of the cars were 2006 models.
MOTION by Commissioner Kcadle to proceed with the agenda.
Note: A vote did not occur on this motion. The board, however, accepted the motion and
proceeded with the agenda.
Request from the EMS Department for Approval of an Agreement with Advanced
Ergonomics, Inc. (AEI), for a Physical Ability Testing Program: Deputy County Manager
Tracy Jackson said AEI would serve as a consultant to develop a physical ability test for field paramedics.
He said this would help determine, according to the job requirements, if an employee's physical condition
was sufficient enough to allow him or her to perform their job duties. Jackson said a goal would be to
implement the testing for current employees, potential applicants, and for employees post injury before
they returned to work. He said AEI would develop the test based on scientific standards, job
requirements, and perform measurements to devise the testing. Jackson said the costs were reasonable,
and the program could be implemented in October.
Robertson asked if the program would be for the initial screening test or was it something that
would have to be passed periodically to maintain the jobs.
Jackson said it would be for the people who had not been hired to see if they met the
requirements, then the current employees to see if they still met the requirements, and post injury for the
ones injured on the job, or away from the job, to insure they could perform their duties before they
returned to work.
Keadle asked Attorney Pope if the county could terminate someone who failed to pass the test, or
would the county be forced to provide a desk job.
Pope said, "If we validate the test to determine there was some correlation between what we were
asking the people to do and what the job required, it is my opinion that we can require that they do that.
If we ask unreasonable things that does not have any job correlation, then we could have a problem.
That's one reason for the contract, to get the methodology determined and the validation."
Keadle asked Jackson if there would be a validation so the county could terminate, if necessary.
Jackson said, hopefully, this would be a last resort. He said it would be a small percentage of
employees who might fall in that category. Jackson said ideally it would be wise to give them another
opportunity to pass the test. He said ultimately, if they could not pass the test, there would be questions
about their ability to do the job safely for the public and their co-workers. Jackson said there was a
physical fitness component that was not included in this particular program. He said the physical fitness
component could not be mandatory, but it could be encouraged. Jackson said it was up to the employee
to stay physically fit.
Mashburn said the process did validate the test.
13
Jackson said yes, and this was the responsibility of Advanced Ergonomics, Inc. He said the
company would provide the test, but the county would implement it. Jackson said a policy would be
developed.
MOTION by Commissioner Keadle to approve the agreement.
VOTING: Ayes -5; Nays -0.
Request for Approval of an Energy Policy with Authorization to the County Manager to
Designate a Current Employee as an Energy Coordinator: Code Enforcement Director Lynn Niblock
said a part of the stimulus energy grant was the adoption of a energy policy along with the designation of
someone as an energy coordinator. Niblock said implementation of the policy would result in better air
quality and a reduction in the carbon footprint of the environment and the upgraded facilities. He said the
policy would also address the county's 2025 strategic plan by encouraging economic vitality with regard
to energy efficiency.
Commissioner Mitchell asked if there was someone on staff now who was not needed full time
that could be designated, and if so, which department was the person based in.
Niblock said current employees would be utilized.
MOTION by Commissioner Keadle to proceed with the agenda.
Commissioner Johnson said he thought action was needed due to the need to comply with the
administration portion of the energy grant.
Keadle withdrew his motion.
MOTION by Commissioner Johnson to approve the request.
Keadle voiced opposition.
Robertson asked if the funding went away if a coordinator was not appointed.
Mashburn said that basically additional responsibilities would be added to a current position. He
said that if the coordinator was successful in the stated goals, then there would be long-term benefits and
they would have a positive impact the county's budget. Mashburn said that if the program wasn't
successful, there would not be a continued need for the position.
Niblock said there was funding to help pay for the position; however, there should be enough
energy cost savings in future budgets to more than offset the cost after the federal money ceased. He said
in this year's budget there was $1 million budgeted for electricity, water, gas, and fuel oil costs.
VOTING: Ayes — 4; Nays — 1 (Keadle)
Presentation of the Market and Present Use Schedules of Values Relating to the
2011 Tax Reappraisal & Call for a Public Hearing Regarding the Schedules on Tuesday,
September 21, 2010: Assistant Tax Assessor Steve Ervin requested a public hearing on September 21
to receive public comments regarding the 2011 appraisal and the schedules to be used in determining the
property values.
Mashburn said he had previously recommended a meeting at 4 p.m. on September 21 to answer
any questions about the schedules. He said that if the board desired to meet earlier on the 21"` the
Chairman could continue the September 7 meeting to 4 p.m. on that date.
Ervin recommended that the board members e-mail any questions prior to the work session.
MOTION by Commissioner Keadle to call for a public hearing on Tuesday, September 21, 2010
at 7:00 p.m.
VOTING: Ayes — 5; Nays — 0.
MOTION by Commissioner Johnson to meet at 4:00 p.m. on Tuesday, September 21, 2010 for a
presentation regarding the reappraisal and the schedules.
VOTING: Ayes — 5; Nays — 0.
14
Request from the Law Office of J. Pressly Mattox for the Refund of $63 due to a
Revenue Stamp Overpayment: County Manager Mashburn said a client of Attorney Pressly Mattox
paid $70 in revenue stamps on June 11, 2010 to have a deed recorded. He said the actual cost was $7 and
the law office was requesting a reimbursement. Mashburn said the Register of Deeds had recommended
approval of the reimbursement.
MOTION by Commissioner Robertson to approve the request.
VOTING: Ayes — 5; Nays — 0.
Request for Approval of the August 17, 2010 Minutes: MOTION by Commissioner
Johnson to approve the minutes.
VOTING: Ayes 5; Nays — 0.
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Personnel Advisory Committee (3 announcements)
APPOINTMENTS TO BOARDS & COMMISSIONS
Animal Grievance Committee (I appointment): No nominations were submitted.
appointment): MOTION by Commissioner Johnson to postpone this appointment until the
September 21, 2010 meeting.
VOTING: Ayes -5; Nays -0.
CLOSED SESSION: OTION by Chairman Norman, pursuant to G.S. 143-318. 11 (a)
(6) — Personnel, to enter into closed session at 9:15 P.M.
VOTING: Ayes — 5; Nays — 0.
(RETURN TO OPEN SESSION AT 9:45 P.M.)
ADJOURNMENT: MOTION by Chairman Norman to adjourn the meeting until 4:00 p.m., on
Tuesday, September 21, 2010.
VOTING: Ayes — 5; Nays — 0.
Approval:
15
Clerk to the Board