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HomeMy WebLinkAboutJune_5_2012_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES JUNE 5, 2012 The Iredell County Board of Commissioners met on Tuesday, June 5, 2012, at 7:00 P.M., in the Iredell County Government Center (Commissioners' Meeting Room), 200 South Center Street, Statesville, NC. Board Members Present Chairman Steve Johnson Vice Chairman Marvin Norman Renee Griffith Frank Mitchell Ken Robertson Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County Manager Tracy Jackson, Finance Director Susan Blumenstein, Planning/Development & Transportation Director Joey Raczkowski, Planner Rebecca Harper, ICATS Transportation Director Ben Garrison, Fire Marshal Ronny Thompson, Chief Deputy Rick Dowdle, Recycling Coordinator Ben Stikeleather, Communications Director David Martin, Purchasing Agent Dean Lail, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson INVOCATION by Attorney Bill Pope PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: MOTIO by Commissioner Griffith to approve the agenda with the following adjustments: Deletions: • Appointment Before the Board - Iredell County Resident Mr. Frank Del Piano in Reference to a Cracked Storm Drain Pipe on his Property • Consideration of an Economic Development Incentive of $2,169,696.00 for an Undisclosed Company Based on an Investment of $93.2 Million in Iredell County • Announcement of Two ETJ Term Expirations on the Statesville Planning Board Addition: • Closed Session Regarding Property Acquisition — G.S. 143-318.11(a) (5) PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Consideration of a Request to Amend the Future Land Use Map in the 2030 Horizon Plan and to Rezone 6.88 Acres from Residential Agricultural District (RA) to General Business Conditional District (GB -CD) with Amity Hill LLC as the Owner and L & M Construction as the Applicant: Planning & Development Director Joey Raczkowski said the use of this property had a long history dating to the early 1990s. He said the property's building was originally permitted as a rural home occupation and allowed only a portion of the structure to be used for commercial purposes with the remaining being for personal storage. Raczkowski said that from the 1990s through 2001 there was an ownership change with a series of requests submitted before the county. Raczkowski continued in his presentation, and a copy of the staff report is as follows for this request. EXPLANATION OF THE REQUEST This is a request to amend the future land use map in 2030 Horizon plan and rezone 6.88 acres at 3133 Amity Hill Road in Statesville from RA, Residential Agricultural District to GB CD, General Business Conditional District. The property has an existing commercial building that was initially permitted as a building for a home occupation and personal storage. A detailed history of the property is included in the staff report. The applicant would like to rezone the property to locate a general contractor and landscaping business on the property. The conditions included with the request are as follows: the project is tied to the site plan submitted; the detention pond be engineered; trucks shall be parked behind the 40' x 40' building; and the pond be the first item on the site plan to be constructed. OWNER/APPLICANT OWNER: Amity Hill LLC 9624 Bailey Road, Suite 270 Cornelius, N.C. 28034 PROPERTY INFORMATION LOCATION: At 3133 Amity Hill Road in Statesville; more specifically identified as PIN # 4752-10-4990. DIRECTIONS: 1-77 south of Statesville to exit 45 turn left; approximately 1 mile on the left SURROUNDING LAND USE: This property is surrounded by residential uses. SIZE: The property is 6.88 acres. S G S APPLICANT: L&M Construction 3133 Amity Hill Road Statesville, N.C. 28677 k 3 t 4r} XSM^S^K�� � YVJJJNY ,T �9 9 CM.M.Sti. M1 `. tivr�N�e�✓eX" i{iX� 1r f ai�M�k s s W,R di Legend >E e-,..�01.4T Yip Amity Hill LLC Properly EXI TIN LAND U E. The property has a mobile home and large building that is being used as a home occupation for now. However, there is outdoor storage associated with the business that is not permitted as part of a home business. ZONING HISTORY: The zoning history for this property is as follows: January 8, 1992 Tim Hepler, owner of the property, pulled a zoning permit to build a 9,000 square foot building on his property at what is now addressed as 3133 Amity Hill Road (back then addresses were route numbers). The permit was issued for a rural home occupation, but specified that 2,000 square feet was to be used for office space for Hepler's business and the rest was to be used for personal storage. July 8, 1994 Tim Healer was sent a letter reminding him of the size and employee requirements for the rural home occupation because a set of building plans submitted indicated that there may be more employees in the office than was allowed. It also advised him that exceeding the requirements would constitute a violation of the zoning code and asked that he contact the Planning office for further clarification. October 3, 1994 An article appeared in the Statesville Record and Landmark showing the building under construction and saying that the 11,000 square -foot building would house Hepler Building Company offices and its 35 employees. October 5, 1994 Tim Hepler filed a request to rezone 3 acres of his property from RA to GB with the proposed use of the property identified as offices for his business, Hepler Building Company. November 2, 1994 Tim Hepler asked that the Planning Board table his rezoning request. However, the Board decided that since the building was almost complete time did not warrant a postponement. The Planning Board unanimously voted to hear the request. The staff recommended against the rezoning request at that time because it went against the Land Use Plan and felt it 2 constituted a spot zoning at the time. The Board voted 9-0 to recommend denial of the request. November 8, 1994 The Certificate of Occupancy was issued for the building by the Building Inspections Department. November 14, 1994 Tim Healer withdrew his request and it never went to the Board of Commissioners for review. February 10, 1997 A Letter was sent to Tim Hepler by the Planning Department informing him that he had outdoor storage associated with his business that was not permitted for the rural home occupation. It appears that the case was turned over to the County Attorney at the time. The violation case file is incomplete and the outcome of the case is not known. June 6, 2000 The land went into foreclosure. October 25, 2000 Chris Carlson and Joseph Douglas with Carlson Douglas Investments LLC (proposed buyers of the property) were informed by the Planning Department that the use of the entire building for commercial purposes was not permitted and that the requirements of the rural home occupation would have to be followed with regards to the use of the building unless the property were to be rezoned. They were also told that the Planning Department would not support the rezoning of the property and that further study of the area would need to be done to determine the future land use of the area. February 7, 2001 Chris Carlson and Joseph Douglas with Carlson Douglas Investments LLC purchased the property under the name Amity Hill LLC. February 15, 2001 The Board of Adjustment heard a request from Amity Hill LLC for a variance on the size of the building and the number of employees allowed for a rural home occupation. The Board voted 6-1 to allow the variance, giving the owner the ability to use the whole building for the rural home occupation and to have 23 employees. June 4, 2004 A Notice of Violation was sent to Amity Hill LLC because the use of the building changed. A change of use permit was required and in order to issue the permit, proof that the use met the requirements of the rural home occupation was needed (except that because of the variance granted in 2001, the entire building could be used and the business could have up to 23 employees, but the new use would have to abide by the other rural home occupation requirements). July 2, 2004 The required information was provided and the change of use permit was issued. This closed the violation case. OTHER JURISDICTIONAL INFORMATION: This property is located inside of Statesville's long-term USA boundary. They consider Amity Hill Road to be a gateway corridor to the city. The City's draft southern land use plan calls for this area to be residential with an allowable density of 8,000 square foot lots. Commercial areas in the plan have been limited to nodes at main intersections. Some commercial areas do not allow outdoor storage and those that do require screening and location in the rear yard. Based on this, the City would not recommend in favor of rezoning this property to a commercial zoning district. OTHER SITE CHARACTERISTICS: This property is not located in a water supply watershed; therefore, there are no impervious coverage restrictions. The area proposed for rezoning is not located in a floodplain. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: In 2009, the average number of vehicles per day on this section of Amity Hill Road was 3000. The capacity for this section of Amity Hill Road is 11,000 vehicles per day. 3 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'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 change the use or develop the property. Zoning requirements such as parking, landscaping and screening will be reviewed at such time. Plans would not be reviewed by the Planning & Development Department for compliance with Erosion & Sedimentation Control standards unless there is more than 5000 square feet of disturbed area. STATE: Other than building code, there should be no formal state agency review at this time. FEDERAL: None at this time. STAFF AND BOARD COMMENTS STAFF COMMENTS: When the request for the use of the property came to the Planning staff, we felt like rezoning this property was the best option. The applicant has leased the property and was unaware that it would have to be used for a home business only. At this time, they do have a resident manager but are not in compliance with their outdoor storage of vehicles and equipment as required for a home occupation. Based on the 2010 aerials, the previous owner also had outdoor storage on the property. This property, as you can see from the zoning history, has been a difficult situation to regulate from the time it was built. The building was initially built by the owner for an office complex for his business, even though he only had approval to use 2,000 square feet for a home business and the rest for personal storage. The property was also given a variance by the Board of Adjustment to allow the owner to use the entire building for a home business rather than the 2,000 square feet the ordinance calls for, as well as an increase from three employees to twenty-three employees. The Planning staff feels that continuing the use as a home occupation situation means that the problems will likely continue. The property is identified as Low -Density Residential on the future land use map in the 2030 Horizon Plan. It is located approximately 1,000 feet from an area designated for industrial/flex/office uses in the Plan. The City of Statesville has extraterritorial jurisdiction (ETJ) along Amity Hill Road between the interchange at 1-77 and the property the applicant is requesting to be rezoned. Within the City's ETJ along the north side of Amity Hill Road, the Larkin Development has received approval for commercial development. Along the south side, the City approved a commercial development that is zoned CU -B-3, which is a shopping center district that was supposed to be developed as an outlet shopping mall. Based on the proximity of these uses, the staff supports the amendment to the future land use map in the 2030 Horizon Plan for this property as well as further study of the area for future commercial as well as medium- high density residential uses. To some, this may seem like it is spot zoning. Spot zoning is defined as rezoning a relatively small area of land differently from the way the majority of the surrounding land is zoned (introduction to Zoning by Dave W. Owens). One thing to keep in mind is that spot zoning is not illegal in North Carolina provided it is reasonable. In determining the reasonableness of the request, the staff used the following criteria: size of the tract, compatibility with the 2030 Horizon Plan, impact of the zoning decision on the landowner, the immediate neighbors, and the surrounding community, and the relationship between the newly allowed uses in a spot rezoning and the previously 4 allowed uses. The tract is 6.87 acres and is just under the average size of 10 acres for surrounding properties. The amendment to the future land use map in the 2030 Horizon plan as well as a future study of this area better supports the reasonableness of this request. The change in zoning will benefit the owner because it will give him greater flexibility in marketing his property if it is not hampered by the outdoor storage provision for home occupations. The benefit to the adjoining owners and the surrounding area is that the conditional zoning limits the use of the property to the site plan submitted with the request. The Land Development Code also requires roadway landscaping as well as landscaping within a 30 foot buffer along the perimeter of the property. The landscaping and the buffer regulations are not a requirement for the home occupation and the same uses would be permitted with the exception of not allowing outdoor storage. In granting a variance for the size of the building and number of employees, the Board of Adjustment has already allowed a more intensive use than the home occupation is intended to allow. The staff has consulted with the County Attorney Bill Pope concerning spot zoning in relation to this request. Mr. Pope feels that by including the amendment to the future land use map and proposing to study the area further based on existing approved commercial uses in close proximity, he feels we can support the reasonableness of the request. Based on that assessment, the staff feels that the request is a spot zoning but that it is reasonable. The staff has contacted NCDOT about the driveway entrance onto Amity Hill Road and will provide further information at the meeting concerning this issue. The Planning staff can support the proposed amendment to the future land use map in the 2030 Horizon Plan and the rezoning request based on the following: The building on the property was built to commercial standards, even though it was not approved as such. The Board of Adjustment granted a variance to allow up to 23 employees and the use of the entire building for a home business, establishing a more intensive use for the property than a home business would normally allow. The landscaping and parking requirements as well as the additional building locations in the rear address some of the concerns presented by the City of Statesville in their comments. The request meets the standards for reasonableness with regards to spot zoning. SITE REVIEW COMMITTEE: Harry Tsumas, Jackie Grigg, and Jeff McNeely visited this site with the staff on February 15, 2012. PLANNING BOARD ACTION: The Planning Board heard the request from L & M Construction on March 7, 2012. Based on testimony from an adjoining owner and questions from members of the Board, the Planning Board tabled the hearing until the applicant could provide a more detailed site plan which included addressing issues related to erosion, the driveway location, the septic system, and outdoor storage. The Planning Board heard the tabled request on May 2, 2012. The site plan had been revised to address the concerns from the previous meeting including erosion, the driveway location, the septic system, and outdoor storage. The Planning Board recommended 5-3 in favor of amending the future land use map in the 2030 Horizon Plan. The Planning Board also recommended 5-3 in favor of the rezoning request with the following conditions: the detention pond be engineered; trucks shall be parked behind the 40' x 40' building; and the pond be the first item on the site plan to be constructed. Commissioner Robertson asked if the current property was in compliance. Raczkowski said no. Robertson asked if the people buying the property owned the business. Raczkowski said yes --they owned the business and wanted to expand. Robertson asked Raczkowski if he felt that when the owners purchased the property they were unaware of the noncompliance issue. Raczkowski said they were currently leasing the property from Amity LLC and were not aware of the issues. He said it was mainly the outdoor storage that was the noncompliant issue at this point. Robertson asked if the parking situation was compliant. Raczkowski said it was compliant with rural home occupation standards, the current zoning. Thomas Bass the owner of land below the property, shared concerns about water erosion. He said once the woods and undergrowth were removed there would be washouts. Bass said he already had a problem, and it wasn't believed the proposed pond would help. Mr. Bass said there had been problems even before the building was built and no remedy had ever occurred or been addressed. Bass said there wasn't a problem with L & M, it was simply the water runoff. He said that if the site was going to be used for commercial purposes then commercial drains should be used. Robertson asked if Mr. Bass had said there was a problem before the building was built. Bass said no --that once the building was built the water became a problem due to no one ever addressing it. He said it had become worse since trees and the undergrowth had been cut. Bass said the pond would not slow anything down. Commissioner Griffith asked if the current owners would be obligated to fix the drainage problem if the board did not approve the rezoning. Raczkowski said no. Griffith said then, if the county disapproved the rezoning, the problem wouldn't be addressed. Raczkowski said that was correct under the correct zoning. He said the only caveat would be that under the current zoning, if the owner cleared more than an acre of land there would be a requirement to build erosion control features. Mr. Raczkowski said, however, the owners couldn't have outdoor storage so the likelihood of them clearing the site and causing stormwater issues was not likely, Commissioner Mitchell asked if the berms directed the water to the pond. Raczkowski said yes. Mitchell said the agenda materials read as follows: "Proposed detention ponds with riser and emergency spillway. The water is to be directed into a new pond prior to leaving a site." He asked if another pond would be built. Raczkowski said possibly. He said the staff's best attempt was to suggest a feature, and it would have to be thoroughly engineered. Raczkowski said the county was not allowed to change the natural drainage flow ... it could only be slowed to remove sediment. Mitchell asked the berm's height. Planner Rebecca Harper said three foot to six foot. Griffith asked Mr. Bass if his only issue was the water. Mr. Bass said yes. He said anytime property was cleared off there would be runoff. Bass said more water would be created with more tree and growth clearance. He said it was time to fix the situation in a correct manner. Chairman Johnson asked Mr. Raczkowski if any level of comfort could be expressed to Mr. Bass about resolving the situation to his satisfaction. 6 Raczkowski said the case had actually been delayed in order to address the erosion situation. He said regulations were in place that would handle future clearing/grading of the property to minimize the stormwater problem on Mr. Bass' property. No one else desired to speak and Chairman Johnson closed the hearing. OT1ON by Commissioner Mitchell to amend the future land use map and the 2030 Horizon Plan. VOTING: Ayes — 5; Nays — 0. OTIO by Commissioner Griffith to approve the rezoning for the 6.88 acres at 3133 Amity Hill Road, Statesville, NC. VOTING: Ayes — 5; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Consideration of Public Comments Regarding the Fiscal Year 2012-2013 Iredell County Budget: Chairman Johnson said the speakers who had signed up would be offered a chance to speak first, and then anyone else desiring to make comments could signify their request by raising their hand. Rory Crawford, the Executive Director for the Health Reach Community Clinic, thanked the board for last year's funding ($14,550) that assisted with free medical, pharmacy, and chiropractic care for low-income residents. He gave the following information about the clinic: (1) nearly 5,000 patient visits, (2) dispensed over 11,000 in-house prescriptions at no cost (3) most patients visit approximately six times a year due to having chronic problems (4) the entire county was served (5) the income threshold was increased (increase from 200% to 250% of the federal poverty level) (6) all of the services occurred with the use of $344,000 and (7) for every $1 donated $13 was returned. Advocating on behalf of school funding were Jessica Galliher, Kristin Phillips, Leslie Johnson, Lisa Long, Chris Reynolds, John Snow, Jan Hunter, Joel Settle, Rodney Labelle, Sandee Sappenfield, Joanie Guglielmi, Jeanine Marsilia, Renhard McLaurine, Scott Clontz, Julie Bumgarner, April Johnson, and Fara Maltsbarger. Tom Smith spoke on behalf of Lifespan of Iredell County. He said the Troutman facility needed assistance with repairs in order for Lifespan to devote its funds towards the clients: developmentally disabled adults and children. Smith said the Troutman parking lot was in total disarray and a cost estimate for the repairs was $30,000. He said two years of fundraising had not been successful so a plan was created to correct the critical areas at a $10,000 cost. Smith said $6,200 had been raised, and county assistance was requested for the remainder. James Settlemyer advised that he was speaking on behalf of the taxpayers due to all levels of government wanting more money. Mr. Settlemyer said some people were trying to live off of $15,000 or $16,000 a year and some consideration should be given to them. He said that if the high dollar people that were being paid by the government couldn't live off of their salaries, then somebody that could, should be found. Lt. Kristin Osborne the Civil Air Patrol Public Affairs Officer/Iredell Composite Squadron, based out of the Statesville Regional Airport, spoke and said the unit was the official auxiliary to the US Air Force. She said during the last few years no funding had been appropriated by the county, and this had created many hardships. Osborne said the only support from the Air Force was an air craft, a van, cadet orientation flights, and funded rescue and home land security missions. She said the Air Force did not assist with day-to-day operational costs, and the squadron only had volunteers. Continuing, she said the squadron was limited in fundraising activities due to Air Force restrictions. She said the cadet's parents had held one fundraiser this year to assist in sending indigent students to activities and to purchase uniforms. Osborne explained the numerous benefits that the squadron provided to the community and the activities available to the cadets. She introduced new cadets and said the program was open to VA youth 12 and older. In addition, several of the students in attendance were recognized for their impressive achievements and the honors that had been awarded to them. Michelle Robertson, a cadet mother from Mecklenburg County, said the Civil Air Patrol was a "premier" program, and many of its cadets wanted to attend military academies. She said her son would be attending West Point. Robertson said out -of- state trips and many educational activities were provided for the cadets, and it was an important program. She urged the commissioners to fund the Civil Air Patrol. Daniel Nietupski asked the commissioners to keep the tax rate stable due to inflation. He said there was nearly a nine percent county budget increase last year. Nietupski said the county needed to make do with less until the economy improved, and this might be a long time. He said the county's salaries and benefits needed to be on par with the private sector and not with other counties. Nietupski said the citizenry of Iredell paid the salaries, not the other counties. He mentioned that in comparing his medical insurance to that of a county employee there was a four -time difference in a month's time. Nietupski said county employees received a 401K with a county match, plus a pension. He said this was out of line with the public sector. Remarks from the county commissioners in regards to comments made during the public hearing. Commissioner Robertson said the following: IN- The FY 13 budget had an increase in per pupil funding from the county of 3%. Last year the budget increased per pupil by 3% and Iredell was probably one of a few counties that made increases two years in a row during an economic downturn. Many of the reductions being seen by the schools are from other governmental bodies. 00- In regards to the Leandro law suit and the differential pay per pupil mentioned by one of the speakers, schools such as Hoke County are funded by diverting funds from Iredell County. Many of the local school systems' problems are due to the state not providing per pupil funding across the state. Iredell County is low on the list due to that situation, and the citizenry should be speaking to their state representatives. IN- Iredell County had nothing to do with the City of Statesville's Streetscape project. 00- The proposed FY 13 budget has the same tax rate as FY 12. Typically the board of commissioners sets the tax rate during the revaluation year and then leaves it alone for the next four years. IN- In regards to county employees having a pension, counties are a subset of state government and not a separate entity. The workers are covered by a pension plan dictated by the state. Commissioners do not have the freedom to opt out of the state pension. In regards to the 401K, it was initiated by law enforcement personnel. It should be mentioned that board members have inquired about opt out possibilities for both the pensions and 401 K. Chairman Johnson said the following: "I've read this numerous times in the papers and it was mentioned tonight that Iredell-Statesville was funded at a level of 113, some say 114, out of 115 school units. Regardless, you hear some school folks say that's the case, you hear some county commissioners say that's not the case. Well, whose right? The fact of the matter is that they both are. If you figure state, local, and federal money, we rank about 113 or 114 out of 115, but it is due to what Mr. Robertson said earlier. If you take county money alone, we rank in per pupil funding on a current expense level above the state average. If you figure in capital money, we rank substantially above the state average. Now, in fairness to the schools and their academic ranking, it comes in higher than their financial contribution which is why the John Locke Foundation said you're getting more than your money's worth. I congratulate them on that. I must say this though being a cultural conservative as much as a fiscal conservative that someone alluded we are far down the ladder in the industrialized world in terms of funding. The Wall Street Journal says next year that South Korea will turn out more engineers than the United States of America. I would say that is largely not due to public education. It is due to the decline in the cultural values that we collectively hold. That is the crux of the matter folks. Everyone in this room cannot be blamed for this. Evidently, people of moral character care about young people, they care about their children's future, and the future of other people's children, but the fact of the matter is that an ever increasing percentage number of people in our culture do not. Money will never compensate for that. We will deplete the public treasury and we will continue decline. In absence of a great cultural awakening that has been visited upon us 8 more than once in our great history, absent that, I do not see that situation improving. In respect to restoration of funds, what do you want us to restore? The $600,000 they took away for school bus funding. We did that. Do you want us to restore the $400,000 they took away for textbooks? We did that too. Frankly, I don't know what it is we are supposed to restore. As one speaker said, the problem is two hours east of here. When we built Lakeshore Elementary School, 1 figured it up. if they had not shifted utility costs onto the county, we could have taken the money paid on electrical bills for the school system and built the school with cash. They continue to shift those things over to the county. The lottery money, that's just a shell game. It is a game invented by politicians to take advantage of people with poor math skills. If they divided it up the way they said it would be done, public schools should have received $70 million more than what they are getting. What did they do? Like the highway trust fund, they take it from the people they promised it to and spend it on collective welfare programs. There are 38 options above the minimum level that a state can fund on social welfare programs. There are 38 things they can spend in addition to the basic that the federal government requires. North Carolina spends money on 35 of the 38. We continue to reward irresponsible parenting and punish those who do well. Thank you." ADMINISTRATIVE MATTERS Request to Call for a Public Hearing on Tuesday, June 19, 2012 Regarding the FY 13 Rural Operating Assistance Program: Transportation Director Ben Garrison said that in FY 13 the county would submit an application for the following three categories: Elderly and Disabled: $100,004 Employment: 54,134 Rural General Public: $146,804 $300,942 by law. Garrison requested for the board to hold a public hearing on the application as required OTION by Vice Chairman Norman to call for a public hearing on June 19, 2012. VOTING: Ayes — 5; Nays — 0. Request for Approval of a Memorandum of Understanding Regarding Volunteer Fire Department Projects Involving the Construction of Buildings or Additions: Fire Marshal Ronny Thompson said a memorandum of understanding had been created for volunteer fire departments to use when construction occurred. He said this would provide consistency when the fire departments expanded their buildings or constructed new facilities. Thompson said the document stipulated how the bid process should work. MOTIO by Commissioner Mitchell to approve the Memorandum of Understanding. VOTING: Ayes — 5; Nays — 0. A copy of the memorandum of understanding is as follows: Memorandum of Understanding Between the Iredell County Board of Commissioners along with the Iredell County Fire Tax Board and the Fire Department WHEREAS, this Memorandum is to set construction project guidelines for the Volunteer Fire Departments in Iredell County, North Carolina; and WHEREAS, this Memorandum is made by and between the Iredell County Board of Commissioners ("the County"), the Iredell County Fire Tax Board ("Fire Tax Board"), and the Volunteer Fire Departments of Iredell County (each hereafter referred to as the "Local Volunteer Fire Department"). NOW, THEREFORE, the County, the Fire Tax Board, and the Local Volunteer Fire Department, hereby adopts the following guidelines for construction projects: 9 I. The Local Volunteer Fire Department initiating a capital project shall prepare Requests for Bids ("RFB"), which shall be uniformly applied for all vendors and shall describe all aspects of the capital project from start to finish. 2. Each RFB shall contain qualifying components including, but not limited to: (i) the scope of the capital project; (ii) vendor specifications for compliance with industry safety standards, including any sub- contractors the awarded vendor shall utilize during the project, insurance limits and other requirements; and (iii) any other project compliance regulations necessary. The time and place for the opening of all bids to be received in response to a RFB shall be stated in the RFB and shall be advertised in a local newspaper of general circulation at least seven (7) days prior to bid opening. The advertisement shall state the contact information for the Chairman of the Board of the Local Volunteer Fie Department who shall be responsible for reviewing and responding to questions and inquiries of specific contractors. The Chairman of the Board shall then provide each contractor requesting a bid package with such response(s). Should there be changes in the project specification after the date RFBs are distributed, such changes shall be communicated in writing by the Local Volunteer Fire Department to each contractor requesting a bid package. 4. At least three (3) bids shall be obtained for each capital project, including design build projects. All bids shall be publicly opened by the Chairman of the Board of the Local Volunteer Fire Department at the time and place stated in the legal advertisement and shall be read aloud and recorded by the Secretary/Treasurer of the Local Volunteer Fire Department. 6. After the bids are opened and recorded, the Local Volunteer Fire Department shall petition the Fire Tax Board to approve the lowest responsible bid that not only meets realistic industry standards, but also meets all conditions of said project, whether such conditions are part of the initial bid or are supplemental conditions arising upon inquiry from a specific contractor or by changes in the project specification, as provided for in Paragraph 3 above. If the lowest bid is not accepted, the Local Volunteer Fire Department shall bring all bids to the Fire Tax Board, and the Fire Tax Board shall make a decision on the amount of money to be recommended for allocation for said project and shall determine to whom the contract for the project is awarded. When the Fire Tax Board has determined the amount to be recommended for a capital project and to whom the contract for the project is awarded, the Fire Marshal shall have the project placed on the meeting agenda of the Board of Commissioners of the County, and the County, acting by and through its duly elected Board of Commissioners, shall make the final decision on the amount of money that will be allocated for said project and to whom the contract for the project is awarded. IN WITNESSS WHEREOF, this Memorandum of Understanding shall be effective from the date of execution by the Chairman of the Iredell County Board of Commissioners and the Chairman of the Iredell County Fire Tax Board for a period of time not to exceed five (5) years. Request for Approval of a Fre Investigation Mutual Aid Agreement with the City of Statesville and the Town of Mooresville: Fire Marshal Ronny Thompson said the City of Statesville and the Town of Mooresville had worked with the county in creating a mutual aid agreement for the purpose of providing fire investigation assistance upon request from the fire marshals of the three jurisdictions. OTIO by Vice Chairman Norman to approve the mutual aid agreement. VOTING: Ayes — 5; Nays — 0. A copy of the agreement is as follows: Iredell County/ City of Statesville /Town of Mooresville Fire Investigation Mutual Aid Agreement THIS AGREEMENT, made and entered into the day of , 20, by and between the County of Iredell, a body politic and corporate of the State of North Carolina (hereinafter referred to as, "Iredell County"), the City of Statesville, a municipal corporation of Iredell County, North Carolina (hereinafter referred to as the "City of Statesville") and the Town of Mooresville, a municipal corporation of Iredell County, North Carolina (hereinafter referred to as the "Town of Mooresville"). WITNESSETH: THAT WHEREAS, Iredell County, the City of Statesville and the Town of Mooresville (hereinafter, "the Parties") desire to enter into a mutual aid contract whereby the Parties agree that the respective Offices of the Fire Marshal of the Parties shall endeavor to aid in augmenting the fire investigation available in the respective jurisdictions of the Parties by providing mutual aid to each other in the event of large fires, conflagrations, or other emergency situations where investigative assistance may be required; 10 WHEREAS, North Carolina General Statute § 58-83-1 gives counties and cities the authority to send firemen and apparatus beyond the territorial limits which they normally serve and based upon such statute, it is the desire of the parties to this agreement to enter into a mutual aid agreement to include provisions for furnishing personnel, equipment, apparatus, supplies and materials and for delegating authority to a designated official or employee to send aid upon request, and any other provisions not inconsistent with law; and WHEREAS, the Parties agree to provide mutual aid to each other related to fire investigations upon the terms and conditions provided hereinafter. NOW, THEREFORE, for good and valuable consideration and upon the promises, covenants, representations, warranties, and agreements set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. The Fire Marshal of any Party to this Agreement may request mutual aid and assistance from the Office of the Fire Marshal of any other Party to this Agreement for the purpose of investigating the origin and cause of any fire incident. 2. Upon receiving a request for mutual aid, the Fire Marshal of the Party receiving the request (hereinafter, the "Responding Party") shall determine if fire investigation personnel and/or equipment are available to respond to the request, and if so, which personnel and equipment can most effectively and timely be dispatched to the location designated by the Party making the request (hereinafter, the "Requesting Party"). 3. The rendering of assistance under this Agreement is not mandatory and a request for assistance does not create a duty to respond or provide assistance. 4. In order to initiate a request for mutual aid and assistance under this Agreement, the Requesting Party's Fire Marshal shall notify the Iredell County Communications Center that mutual aid under this Agreement is requested; upon receipt of such notification, the Iredell County Communications Center shall notify the Offices of the Fire Marshal of the other parties to this Agreement that a request for mutual aid under this Agreement has been called in. The Fire Marshal for any Party to this Agreement receiving a request for mutual aid via the Iredell County Communications Center shall inform the Requesting Party's Fire Marshal as promptly as feasible, and in any event within two (2) hours, if mutual aid can or cannot be rendered. 5. If a mutual aid investigator is dispatched, the dispatched mutual aid investigator (hereinafter referred to as the "Dispatched Investigator") will make him or herself available to the Fire Marshal of the Requesting Party for consultation as a resource person, to assist in the investigation of a fire scene, or to assist in the determination of the origin or cause of a fire. 6. The Fire Marshal of the Requesting Party shall meet with the Dispatched Investigator for briefing details prior to the commencement of the investigation, and throughout the investigation, as needed. The Parties agree that the Dispatched Investigator will have access to all information connected with the investigation as if the Dispatched Investigator were a member of the Office of the Fire Marshal of the Requesting Party, so that the Dispatched Investigator may effectively carry out his or her duties. The Dispatched Investigator shall keep his or her own field notes. 7. While on a fire scene that is being investigated, the Dispatched Investigator shall remain under the direct supervision of the Fire Marshal of the Requesting Party. 8. The Dispatched Investigator shall be required to complete investigation reports and to appear and testify in legal proceedings, as compelled by subpoena or otherwise, in compliance with the personnel rules and investigation standards or protocols of the Office of the Fire Marshal of the Requesting Party and under the direction of the Fire Marshal of the Requesting Party. 9. The Requesting Party and its agents, including, but not limited to the Office of the Fire Marshal and the fire departments) in its jurisdiction, shall abide by all rules and regulations of every state, federal, and local agency having authority over fire prevention, fire safety, fire -fighting activities and/or fire investigations. 10. The Responding Party and its agents, including, but not limited to the Office of the Fire Marshal and the fire department(s) in its jurisdiction, as well as the Dispatched Investigator, shall abide by all rules and regulations of every state, federal, and local agency having authority over fire prevention, fire safety, fire- fighting activities and/or fire investigations. 11. All services performed under this Agreement shall be rendered without reimbursement to either the Responding Party, or the Dispatched Investigator, with the exception that payment for all expenses incurred for laboratory tests or other investigative techniques undertaken, ordered, or carried out by the Dispatched Investigator as part of a fire scene investigation shall be the responsibility of the Requesting Party. 12. The Dispatched Investigator shall have no authority to discuss any matters related to the investigation of a fire scene with members of the media and shall not directly address members of the media related to any investigation of any fire scene. If a member of the media requests an interview or information from the Dispatched Investigator, it is the responsibility of the Dispatched Investigator not to comment and refer all questions to the Fire Marshal of the Requesting Party and immediately inform the Fire Marshal of the Requesting Party or a Public Information Officer ("PIO") on the scene, or otherwise involved in the fire investigation, that a member of the media is seeking information related to the fire, the fire investigation, or the origin or cause of the fire. The Dispatched Investigator may also direct members of the media to the PIO. 13. The Requesting Party agrees to hold the Responding Party, its officials, officers, agents and employees free, including the Dispatched Investigator, harmless and indemnified from and against any and all claims, suits or causes of action by third parties arising from or in any way out of the performance of the duties of any Dispatched Investigator who provides mutual aid services under this Agreement. The Responding Party shall provide legal support and representation for any investigator dispatched by that Party. The Requesting Party shall fully cooperate with the Responding Party in the event legal action is taken against the Responding Party. Such cooperation shall not waive any rights of any Party to assert any defense related to any claim arising from or relating to the investigation of a fire scene. 14. Each Party assumes the risk and responsibility for its own defense and liability against any claim, lawsuit, or other action brought by the Dispatched Investigator, in his or her capacity as an employee of the Party, for workers' compensation benefits or other relief as a result of any injury allegedly sustained while the Dispatched Investigator was providing mutual aid services under this Agreement. 15. Each Party to this Agreement shall be responsible for maintaining insurance coverage for its equipment and vehicles dispatched pursuant to this Agreement, and shall continuously maintain workers compensation insurance coverage for its employees. 16. The term of this Agreement shall commence on 2013. and end on December 31, 17. Either party may terminate this Agreement, for convenience or for cause, upon ten (10) days' written notice to all other parties. 18. The Parties are encouraged to prepare a Memorandum of Understanding ("MOU") for Operational Procedures to implement, guide and incorporate the operational activities and procedures to carry out the terms of this mutual aid agreement. If such Memorandum of Understanding is prepared, then it shall be incorporated herein by reference as if fully set forth and enforceable as part of this Agreement to the extent that the terms and conditions of the MOU are not inconsistent with the provisions of this Agreement. 19. This contract is intended for the benefit of hedell County, the City of Statesville, and the Town of Mooresville and not any other person or party. No third party rights are created by this contract, and this contract shall be enforceable by the parties hereto. Each Party is an independent contractor. No partnership or joint venture is created hereby. 20. Any notices required pursuant to the terms of this Agreement shall be sent by United States Certified Mail to each of the Parties hereto, as specified below. Iredell County County Manager 200 S. Center St. P.O. Box 788 Statesville. NC 28687-0788 and Fire Marshal Office of the Fire Marshal, Iredell County P.O. Box 788 Statesville. NC 28687 City of Statesville City Manager 227 South Center Street P.O. Box 1111 Statesville. NC 28687-1111 Fire Marshal Office of the Fire Marshal. City of Statesville 316 Meeting Street Statesville. NC 28677 Town of Mooresville Town Manager 413 North Main Street P.O. Box 878 Mooresville, NC 28115 Fire Marshal Office of the Fire Marshal, Town of Mooresville 457 North Main Street P.O. Box 878 Mooresville, 28115 12 21. This Agreement is made and entered into in the City of Statesville, North Carolina, and the venue for any legal proceeding relating to, or in any way concerning this Agreement, shall be in the State Courts of North Carolina, Iredell County, located in the City of Statesville, North Carolina. Any and all questions of law arising hereunder shall be construed in accordance with the laws of the State of North Carolina. 22. The Parties agree this contract may be amended, but such amendment must be in writing and executed in duplicate original by persons with authority to bind the County of Iredell, the City of Statesville, and the Town of Mooresville. 23. Nothing contained herein shall be construed as permitting or authorizing the Office of the Fire Marshal of any Party to use any method or to act in any manner in violation of federal or state law, or of their sworn obligations as officers. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in duplicate originals, the day and year first above written. v� Request from the Sheriff's Office for Approval of Budget Amendment #50 to Transfer $45,190 from Seized Funds to Depreciable Assets to Purchase a Generator and Fuel: Chief Deputy Rick Dowdle requested approval of this budget amendment and expressed the need for a generator due to the possibility of power outages. MOTION by Commissioner Mitchell to approve Budget Amendment #50. Request for Approval of Budget Amendment #51 to Recognize Additional Juvenile Crime Prevention Council Funding and for the Funds to be Transferred to the Barium Springs Home for Children for the Creation of a Media Campaign to Recruit Foster Parents: Finance Director Susan Blumenstein said Barium Springs Home for Children had requested and been approved to receive $6,000 in additional funding from the Juvenile Crime Prevention Council. OT10N by Vice Chairman Norman to approve Budget Amendment #51. VOTING: Ayes — 5; Nays — 0. To appropriate seized funds it the Sheriffs department for a generator at the narcotics building. BA#50 Springs for a media campaign to recruit Iredell County foster parents 6/5/2012 6/5/2012 Account # Current Chane Amended 104880 499401 Appr. Fund Balance - Other Seized Funds (305,000) (45,190) (350,190) 105510 610000 Depreciable Assets 141,613 43,340 184,953 105510 535004 Supplies - Fuel 538,569 1,850 540,419 Request for Approval of Budget Amendment #51 to Recognize Additional Juvenile Crime Prevention Council Funding and for the Funds to be Transferred to the Barium Springs Home for Children for the Creation of a Media Campaign to Recruit Foster Parents: Finance Director Susan Blumenstein said Barium Springs Home for Children had requested and been approved to receive $6,000 in additional funding from the Juvenile Crime Prevention Council. OT10N by Vice Chairman Norman to approve Budget Amendment #51. VOTING: Ayes — 5; Nays — 0. Request from the Solid Waste Department for Approval to Accept a 2012 Community Waste Reduction and Recycling Grant Totaling $26,666.67: Recycling Coordinator Ben Stikeleather said the department had applied and been awarded a $26,666.67 grant. He said the grant required a $5,333.33 match, and the money had been budgeted in the FY 12-13 budget under expenditures/recycle promotions. (The money will be used to start a shingle recycling program that will allow shingles to be sent to an asphalt manufacturer and turned into a component for pavement.) OTION by Commissioner Mitchell to allow acceptance of the waste reduction and recycling grant. VOTING: Ayes — 5; Nays — 0. 13 To recognize additional JCPC funding approved on 5/15/2012 by Dept. of Juvenile Justice to Barium Springs for a media campaign to recruit Iredell County foster parents BA#51 6/5/2012 Account # Current Chane Amended 394486 434100 JCPC Pass-through Grant (286,796) (6,000) (2921796) 395486 563600 Barium Spring Home for Children 85,602 6,000 91,602 Request from the Solid Waste Department for Approval to Accept a 2012 Community Waste Reduction and Recycling Grant Totaling $26,666.67: Recycling Coordinator Ben Stikeleather said the department had applied and been awarded a $26,666.67 grant. He said the grant required a $5,333.33 match, and the money had been budgeted in the FY 12-13 budget under expenditures/recycle promotions. (The money will be used to start a shingle recycling program that will allow shingles to be sent to an asphalt manufacturer and turned into a component for pavement.) OTION by Commissioner Mitchell to allow acceptance of the waste reduction and recycling grant. VOTING: Ayes — 5; Nays — 0. 13 Request for Approval to Award a Contract to Wireless Communications, Inc., for the Installation of a Voice over Internet Protocol (VoIP) 911 Communications System: Purchasing Agent Dean Lail said the Emergency Communications Department desired to install new equipment due to (1) the current equipment no longer being supported by the manufacturer soon and (2) problems occurring with the current equipment. Chairman Johnson asked when the equipment would be operational. Communications Director David Martin said 60 to 90 days. MOTIO by Commissioner Robertson to award the contract to Wireless Communications, Inc., in the amount of $457,833.37. VOTING: Ayes —5; Nays — 0. Complete information that was supplied in the agenda packet about the system is as follows: Iredell County ECOM is prepared to begin installation of a new, turn -key, Geo -Diverse VoIP 911 system to be installed at the main communications building with a redundant system to be installed in the Statesville PD communications building and communications with the Mooresville PD maintained. On behalfof ECOM, Purchasing released and conducted a Request for Proposal (RFP) process to solicit sealed proposals to provide, install and maintain a new VoIP 911 Telephone system, the deadline for which was March 23, 2012. This project involves the replacement of the current 9-1-1 analog telephone switching system, which will not be supported as of 2013, with a system that is Voice over Internet Protocol (VoIP) and provides for the future Next Generation telephone technology such as testing to 9JJ, uploading photos to 9-1-1, etc. The Proposal is to place the primary VOIP 9-1-1 switch at ECOM with a redundant, mirror imaged switch at Statesville PD. This allows continuity of operations should either facili(y require evacuation. Mooresville PD has a standalone switch (RescueStar) row and wishes to maintain the current switch at this time. The RFP process allowed by NC G.S. 143-129.8 was used in lieu of bidding because it allows for a decision based on best proposal rather than price and is better suited to procuring telecommunications equipment requiring high technical proficiency and experience with this type of installation. The process used was enhanced by requiring the price portion of the proposals to be sealed in separate envelopes to be opened only after the best proposals were chosen. An advertisement was placed and the proposal sent to vendors known to install this type system. Four vendors sent sealed proposals in response. ECOM Director David Martin assembled an eight -member evaluation panel to review, rate and discuss proposals. Once a consensus and ranking on best proposals was determined, sealed price proposals were then opened and prices compared between the top proposals, with a jinal recommendation nude by consensus. The panel unanimously chose a proposal submitted by Wireless Communications, Inc. (Wireless), of Charlotte, NC. The Wireless proposal was not only chosen as the best technical proposal, it was also the lowest price proposal offered[ making it the best overall combined solution of equipment, installation and price. The company presented an impressive list of confirmed, satisfied installations in NC and across the nation. ECOM has worked with Wireless in the pastand is comfortable with working with them again. A summary of the bids is as follows: RFP VoIP 911 SYSTEM ECOM FVAI NATION PANEL M EMBERS COUNTY STAFF DEAN LAIL PURCI IASING AGENT 704-878-5043 DAVID MARTIN _ OIR ECOM/EMGT BRAD FIT MLEY ASSOC OR ECOM/EMGT DOUG LAIL BEDELL ITS STATESVILLE PD CAPT JOE BARONE STATESVILLE POLICE 9-1-1 ROBERT BEARD STATESVILLE POLICE ITS GUEST EVALUATORS TOMMYWILLIARU WECO IFRRY BOGGS CATAWSA C09-1-1 MEETS RFP COMPANY NAME SIGNED AVGPOINTS SPECS PRICE PRICE COMPLETE? WIRELESS COMM, INC PATRIOT YES 57.11 YES $ 475,833.37 YES INCLUDESALL OPTIONS ESI ACQUISITIONS PATRIOT YES 55.18 YES _ $ 577,870.00 NO ABUT OPTIONS REQUIRED FRONTIER COMM PATRIOT YES 52.94 YES $ G80,389.34 YES INCLUDES ALL OPTIONS CENTURYLINK PATRIOT YES 55.28 YES $ 520,787.49 NO ADD -L OP11ON5 REQUIRED WIRELESS COMM, INC GUARDIAN YES 53.50 x $ 415,772.08 YES BID AS ALTERNAIE 14 Request for Approval of Budget Amendment #52 for the Appropriation of Salary and Benefits in the ECOM Department for a Job Position to Serve the EMS Specialty Services Department: Finance Director Susan Blumenstein said there was a scheduler/dispatch position based in the ECOM department for the newly created EMS Specialty Services Department. She said funds needed to be transferred from EMS Specialty Services to the ECOM department for the salary and benefits. OTION by Vice Chairman Norman to approve Budget Amendment #52. VOTING: Ayes — 5; Nays — 0. BA#52 6/5/2012 Account # To transfer salaries for the scheduler position for EMS Specialty Services. This position provides services for the EMS Specialty Services department but is located in the ECOM department of the General Fund. Current Chane Amended 104880 495057 Transfer from EMS Specialty Services - (9,965) (9,965) 105536 510002 Salaries 882,266 7,310 889,576 105536 512501 FICA 69,069 560 69,629 105536512502 Health Insurance 167,650 1,215 168,865 105536 512503 Retirement 107,867 880 108,747 575542 576010 Transfer to General Fund - 9,965 9,965 575542 510002 Salaries 138,050 (7,310) 130,740 575542 512501 FICA 16,830 (560) 16,270 575542512502 Health Insurance 31,765 (1,215) 30,550 575542 512503 Retirement 25,960 880 25,080 Request for a Decision Regarding the Cancellation of the Tuesday, July 3, 2012 Meeting: MOTION by Vice Chairman Norman to cancel the July 3, 2012 board meeting. VOTING: Ayes - 5; Nays — 0. Request for Approval of the Regular Minutes of May 15, 2012 and the Budget Review Minutes of May 16 & 22, 2012: OTION by Chairman Johnson to approve the minutes as presented. VOTING: Ayes — 5; Nays — 0. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Farmland Preservation Board (3 announcements) Fire Tax District Board (1 announcement) Mitchell Community College Board of Trustees (1 announcement) Mooresville Planning Board (ETJ — 2 announcements) Region F Aging Advisory Committee (2 announcements) Carolinas Partnership (1 announcement) Troutman Planning Board (1 announcement) Juvenile Crime Prevention Council (8 announcements) APPOINTMENTS TO BOARDS AND COMMISSIONS Centralina Workforce Development Board (two appointments): Commissioner Mitchell nominated Carol Johnson and Eugene Kaiser. No other nominations were submitted, and Chairman Johnson made a motion to appoint Carol Johnson and Eugene Kaiser by acclamation. VOTING: Ayes — 5; Nays — 0. 15 NEW BUSINESS: Chairman Johnson said recently a scout talked to him about an Eagle Scout project involving the construction of a water fountain in the town limits of Troutman. Johnson said the scout learned the building permit (foundation and plumbing) would cost $280. Mr. Johnson said several years ago, he and the other board members approved the fees due to the belief that the inspections department should be self-funded. He said, however, it wasn't felt that youth trying to obtain an Eagle Scout award should be charged the $280. OTION by Chairman Johnson to instruct the county manager to review the process as it related to anything involved with scouting. (Mr. Johnson said discretion would be allowed as to whatever the manager felt was equitable, especially since the inspectors might have to make several trips. He said a nominal fee might be acceptable.) Commissioner Robertson said that as a scoutmaster, he had seen many scouts have fundraisers for their materials and fees. He voiced support for Chairman Johnson's motion. VOTING: Ayes — 5; Nays — 0. CLOSED SESSION: OTION by Chairman Johnson at 9:30 P.M., to enter into closed session for the purpose of discussing a matter pursuant to Economic Development — G.S. 143.318.11(a) — 4 and Property Acquisition — G.S. 143.318.11(a) - 5. VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 9:50 P.M.) CALL FOR A PUBLIC HEARING: OTIO by Chairman Johnson to call for a public hearing on Tuesday, June 19, 2012, at 7:00 P.M., regarding an economic development incentive of $286,202 over a five-year period for an undisclosed company based on an $18 million investment in Iredell County. VOTING: Ayes — 5; Nays — 0. ADJOURNMENT: MOTION by Chairman Johnson to adjourn the meeting. (NEXT MEETING: Tuesday, June 19, 2012, 7:00 P.M., in the Iredell County Government Center, Commissioners' Meeting Room, 200 South Center Street, Statesville, NC. VOTING: Ayes — 5; Nays — 0. Approval: 16 Clerk to the Board