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HomeMy WebLinkAboutSeptember_18_2012_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES September 18, 2012 The Iredell County Board of Commissioners met on Tuesday, September 18, 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 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, Veterans' Service Officer Brad Stroud, Register of Deeds Matt McCall, Tax Assessor Steve Ervin, Purchasing Agent Dean Lail, Assistant EMS Director Steve Mauney and Acting Clerk to the Board Retha Gaither. CALL TO ORDER: by Chairman Steve Johnson INVOCATION: by Chairman Johnson PLEDGE OF ALLEGIANCE: The Color Guard from West Iredell JROTC presented the colors and led the pledge of allegiance. ADJUSTMENTS OF THE AGENDA: County Manager Ron Smith requested the following amendment: Administrative Matters: Remove Item D, Memo #7, from the agenda Chairman Steve Johnson added the following amendment to the agenda: Unfinished Business: The appointment of a replacement Commissioner for the existing vacancy. OTION by Chairman Johnson to adopt the agenda as amended. VOTING: Ayes — 4; Nays — 0. PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Recognition and Presentation of a Purple Heart Medal to Franklin Lewis Stikeleather. (Mr. Stikeleather was wounded on May, 29, 1970, in Vietnam, while assigned to Charlie Company, 3rd Battalion, 7th Infantry Regiment, 799th Infantry Brigade.): Veterans' Administration Officer Brad Stroud addressed the Commissioners and public with the following prepared statement: "Commissioners, County Manager and guests, as you well know the Iredell County Veteran Service Office is the smallest department in the county by both budget and personnel. We primarily work within the framework of the Federal Government. Some people ask why county government employs such a position. The answer is advocacy. As the Iredell County Veteran Service Office, we are Nationally Accredited and trained Service Office paid solely by Iredell County to be the Advocate for the Veterans and their dependents and/or survivors. Our ties and allegiance is to the veteran not a system, to help each and every one of them obtain the benefits that they have earned, which leads me to our presentation here tonight. It is my distinct honor and pleasure to complete the process of correcting an error and omission made more than 42 years ago. I met Frankie Stikeleather at Trinity Volunteer Fire Department where he has continued to be of service to this great nation and the local community for the past 40 years. He discussed with me that he believed that he was awarded the Purple Heart but he never received it. Upon obtaining additional evidence from Mr. Stikeleather and other sources we submitted on April 12, 2012, an Application for Correction of Military Records. On the 6th of August, 2012, the US Army granted that request." "The Purple Heart is limited to members of the Armed Forces of the United States who, while serving under component authority in any capacity with one of the US Armed Services after the 5th of April, 1917, has been wounded or killed, or who has died or may hereafter die after being wounded." "Having this award to now present I would be remiss, as Paul Harvey would say, to tell you the rest of the story as to how Frankie received his injuries. Franklin Lewis Stikeleather was awarded the Bronze Star Medal for Heroism ("V" Device). I want to read to you the award. The Bronze Star was awarded properly but the Purple Heart was not." " `Specialist Four Stikeleather distinguished himself by exceptional heroism in connection with ground operations against an armed hostile force in the Republic of Vietnam on 29 May 1970 while assigned to Company C, 3rd Battalion, 7th Infantry, 199th Infantry Brigade. On that date, Specialist Stikeleather was stationed at Fire Support Base Sun when a battalion of heavily armed enemy troops attacked the base. Without regard for his personal safety, Specialist Stikeleather continually exposed himself to the intense hostile fire in order to engage the enemy, despite the wound he suffered. His alert and aggressive actions contributed significantly to routing the enemy and earned him the respect and admiration of all with whom he served. Specialist Four Stikeleather's heroic actions were in keeping with the highest traditions of the military service and reflected great credit upon himself, his unit and the United States Army.' " Stroud continued, "As you can discern from the statements contained in this citation, Mr. Stikeleather met and exceeded both the criteria for the Bronze Star for heroism and the Purple Heart. Franklin Lewis Stikeleather was/is and continues to be a hero by offering his selfless service to his country and his continued dedication to the county as a volunteer fire fireman at Trinity Fire Department." SGM Kenneth Thompson, West Iredell JROTC, asked everyone to stand. Thompson said, "United States of America, to all who shall see these presents. Greetings. This is to certify that the President of the United States of America has awarded the Purple Heart, established by General George Washington, at Newburg, New York, August 7, 1782, to Specialist Four Franklin L. Stikeleather, United States Army. For wounds received in action in the Republic of Vietnam, 29 May 1970. Given under my hand in the City of Washington the 6th day of August, 2012. Signed by the Secretary of the Army." Stikeleather expressed his appreciation to all who attended. Commissioner Ken Robertson gave a brief explanation about the numbers when talking about units and regiments in the military. He stated that the 199th Brigade was a light infantry brigade which means they did not have the heavy armored vehicles or the large heavy weapons. The infantry consisted of young men with light machine guns whose job was to close with the enemy and kill them. Robertson stated this unit was the only unit in Vietnam that had a General killed in combat which further explains how close this unit was to the fighting. The 199th was known for being in a tough area and having tough soldiers who were not afraid to go looking for the bad guys. Robertson expressed amazement at how we may be walking around with great men and not even know it. Robertson said he previously worked with Mr. Stikeleather but did not know he was with a hero. Robertson stated this was not just a strange event that happened in a far off land. He said Mr. Stikeleather was a member of an elite unit who had a tremendous reputation, which was due to men like Mr. Stikeleather. Recognition and Presentation of an Appreciation Plaque to County Retiree Ronny Thompson: Chairman Johnson asked Commissioner Frank Mitchell to make the presentation because of his service on the Fire Tax Board. Commissioner Mitchell stated Ronny Thompson, Fire Marshal, had retired after several years of dedicated service to Iredell County. Mitchell presented the appreciation plaque on behalf of Iredell County Board of Commissioners, employees and particularly the volunteer firemen. Thompson declined a statement but shook hands with each Board member. 2 APPOINTMENTS BEFORE THE BOARD Presentation from Mr. Neil Burke, Mooresville Transportation Planner, Regarding Amendments to the 2008 Mooresville Comprehensive Transportation Plan (CTP) Along with the Consideration of Calling for a Public Hearing on December 4, 2012, for the Purpose of Receiving Public Comments Regarding Amendments to the Referenced CTP: Neil Burke, Mooresville Transportation Planner, presented information regarding a series of amendments to a transportation plan that the Town of Mooresville, Iredell County and NCDOT adopted in 2008. Burke gave a brief history of why the plan is important, i.e. to reserve right-of-way for future transportation projects, ensure roads are adequately developed, etc. The purpose of this amendment is to update the plan due to significant construction projects and small area plans throughout Mooresville and south Iredell County. Burke stated he would be making presentations to the Planning Board on October 3, 2012, and to the Board of Commissioners on December 4, 2012, to request a public hearing. Burke explained the definitions of roadways classifications. For example: I-77 is a Freeway; NC 150 & US 21 are Major Thoroughfares; Morrison Plantation Parkway is a Boulevard; Center Avenue & Talbert Road are Minor Thoroughfares; White Oaks Road is a Collector; and McNeely Avenue is classified as a Residential/Local. Burke highlighted some of the proposed changes and added that this amendment does not commit the town or county to any funding. It is simply a reclassification that staff is recommending: • Shearers Road, between Rocky River Road and the Mecklenburg County Line was classified as a Major Thoroughfare -Needs Improvements in the 2008 plan. Staff is recommending this be reclassified as a Minor Thoroughfare -Needs Improvements. Burke stated Shearers Road is classified as Minor Thoroughfare -Needs Improvements in Mecklenburg County. He also said with all of the proposed changes they are trying to match roadway classifications throughout county and different boundary lines. • Midnight Lane and Oates Road proposed overpass. This was in the 2008 plan as a Collector Street but staff feels this is more representative as a Minor Thoroughfare -Needs Improvements which would handle mostly local traffic but would provide an alternative to the NC 150 corridor. • Doolie Road and Oak Tree Road are being reclassified from Collector Street to Minor Thoroughfare -Needs Improvements due to the two schools in the area. • Stotts Road was initially a Local Street. It is a very narrow road, has 5,000+ daily vehicles, with many pulling boats, therefore, staff is recommending reclassification to Minor Thoroughfare -Needs hnprovements to accommodate future widening and/or improvements of the travel lanes. • Cornelius Road — Mazeppa Road connector was included in the 2008 plan with a very limited alignment. The alignment has shifted and this amendment is accounting for the new alignment. Small Area Plan has two recommendations: • Bluefield Road and Exmore Road grade separation over 1-77 for future development • Brawley School Road connection between Silver Hook Drive and Sundown Road for intended development and relieve pressure from Brawley School Road and Williamson Road Burke said the Town of Mooresville met with Troutman, Statesville and Iredell County on August 28 to talk about the different comprehensive transportation plans. From that meeting staff is recommending the additional changes: • Perth Road Corridor classified as Boulevard -Needs hnprovements • Oswalt, Amity and Flowerhouse Loop classified as Minor Thoroughfare -Needs Improvements Public Transit and Rail: • Express bus service change to Recommended • Relocate rail stop to Knox Property • I-77 HOT Lanes project show as Operational Strategies -Recommended Bicycle and Pedestrian Map amendments: • Update to reflect recommendations from approved plans like the Carolina Thread Trail and the Lake Norman Bike Route showing existing bike lanes • Roadway corridors were identified for improvements • Existing sidewalk data was updated to reflect 2012 conditions • Recommended multi -use paths 3 Burke stated a written report is contained in the amendment which includes amendments to the Collector Street Plan Map, an update on the Exit 33 feasibility study the Town is currently undertaking with NCDOT, a narrative on the benefits of a conversion diamond 1-77 and NC 150 interchange and a referenced NCDOT complete streets policy. Burke said he would be presenting to the Iredell County Planning Board on October 11 and there is a request for a public hearing before the Iredell County Board of Commissioners on December 4. He stated they will need to meet with the Lake Norman RPO and NCDOT for adoption. Commissioner Ken Robertson expressed appreciation for Mr. Burke's attendance as well as his insight and dedication to detail. Robertson asked about the timing and approval probability of the bridge to connect Doolie Road to Oak Tree Road. Burke said no work has been done since the 2008 plan. The reference in tonight's presentation was simply to reclassify. He said his best guess would be 15-20 years at the earliest for this construction. Burke explained the need for additional planning and engineering to determine if it is feasible. Commissioner Robertson stated he noticed that many of the plans were designed to relieve congestion at Exit 36. With the plans and projections, Robertson asked how they were planning to manage the tendency, especially truck traffic, not to consider Cornelius Road to be a defacto NC 150 bypass. Burke said the 2008 CTP referenced the Cornelius Road corridor and Mazeppa Road up to overhead bridge as Boulevard -Needs Improvements. With the 2030 Horizon Plan these roads need improvements with two 12 -foot lanes in each direction with a concrete or grass median which would help handle the capacity. Also, consideration needs to be given to how trucks would travel from the business park to a future interchange at I-77. Burke stated there needs to be a design for trucks but also balance the traffic with NC 150 and Cornelius Road. Commissioner Frank Mitchell asked when activity would begin on the diversion diamond on NC 150. Burke said the Town of Mooresville had submitted a mobility fund application to NCDOT. However, funds were not awarded but the Town of Mooresville is in discussion with NCDOT on other funding sources. It is a priority and hopefully within 5 years this construction could begin. Commissioner Mitchell asked the length of time for construction. Burke said the project could take about 11/z years. Commissioner Mitchell asked for clarification on the number of cars on NC 150. Burke said there were 35,000 cars on NC 150 adjacent to I-77. Commissioner Mitchell asked for the traffic count on NC 150 going south. Burke said the latest counts were in the range of 60,000-70,000 vehicles, but get to 80,000 between Davidson and Exit 31, Langtree Road. Chairman Johnson asked for clarification on the realignment of Bluefield Road, if it would be the portion of Bluefield which is north of Big Indian Loop. Burke confirmed that is correct. Commissioner Johnson stated he was encouraged by the intentions of an educational process with citizens at the beginning of projects. Johnson said many people felt they were not properly informed of the proposals. OTIO by Vice -Chairman Marvin Norman to approve the request to hold a public hearing on December 4, 2012. 4 VOTING: Ayes — 4; Nays — 0. ADMINISTRATIVE MATTERS Request for a Decision Regarding a Request from Brad Howard to Rezone 13.48 Acres Owned by Fred T. Lowrance, on Alcove Road in Mooresville, NC, from RA, Residential Agricultural District to HB, Highway Business District: Iredell County Planning Director Joey Raczkowski stated this action was tabled at the last meeting as the Board requested the owner to reduce the size to be rezoned. The area in question was originally 13.48 acres but has been reduced to 3.94 acres to be zoned HB, general use with no conditions or limitations. The land fronts Alcove Road with approximately 400 feet of frontage. The parcel is included in the Corridor Commercial Future Land Use designation within the 2030 Horizon Plan. The parcel would remain mainly wooded. Water and sewer could be provided by the Town of Mooresville. Buffering is required along the northern and western boundaries should this ever be developed for commercial purposes and it is part of the Catawba -Lake Norman critical area watershed which limits the amount of impervious surface that can be developed on this 3.94 acres. Raczkowski said the original request was reviewed by the Planning Board and they were in favor 5-2. The planning staff is in support of the reduced size. Chairman Steve Johnson expressed appreciation for the work that Mr. Raczkowski has done. Johnson stated Raczkowski has earned his confidence in being straightforward; therefore he respects Raczkowski's wisdom and recommendations. Johnson said he feels Raczkowski has been diligent in addressing the concerns of the citizens in the area. Johnson said he would support the request for the reduced area because he believes the rezoning will not harm the area. Johnson said he feels the area between Alcove Road and I-77 will not be used residentially but will become a commercial corridor in the future. Chairman Johnson wanted to make it known to anyone requesting rezoning in the future that if Mr. Raczkowski asks questions about rezoning purposes and these questions go unanswered it will only postpone the process. Again, Johnson expressed his appreciation to Mr. Raczkowski for the confidence to pursue answers and that all issues will be addressed at some point. MOTION by Chairman Johnson to grant the request as amended. VOTING: Ayes — 4; Nays — 0. Request to Call for a Second Public Hearing on October 2, 2012, at 7:00 p.m. to receive Citizen Comments and Questions Regarding the Submittal of an Application for Scattered Housing Community Development Block Grant Funds: Planning Director Joey Raczkowski stated he is required to hold two public hearings in order to submit an application. MOTIO by Vice Chairman Marvin Norman to call for a public hearing on October 2, 2012 at 7:00 p.m. VOTING: Ayes — 4; Nays — 0. Request from EMS for the Awarding of a Purchase Contract for Two Quick Response Vehicles: Purchasing Director Dean Lail stated the Iredell County EMS currently has $100,000 in the budget to purchase two quick response vehicles. Formal bids were released and 3 responses were received which were opened at a public meeting on August 17. Unfortunately all bids were over the $50,000 budgeted. The lowest bid was Southeastern Specialty Vehicles at $53,473.00 per vehicle. Lail said NC General Statutes do allow negotiations on specifications with the low bidder. Staff has met with the vendor, made minor changes in the specifications and brought the cost to $49,999.00 per vehicle. Lail said these changes will not sacrifice the quality of the vehicle. The request is to award the purchase contract to Southeastern Specialty Vehicles. If approved, the contract will include a one year additional quantity clause that will allow EMS to buy addition vehicles at the same price. Commissioner Robertson expressed concerns about modifying the specifications on this vehicle. He wanted to clarify that the quality of the vehicle is not compromised. 5 EMS Assistant Director Steve Mauney stated the chassis was changed from a light 3/4 ton chassis to a work truck chassis which is the same truck with a little less molding, less trim and less chrome. He said EMS is satisfied with the changes. Mauney said the box could be remounted on another chassis in the future when needed which will be another cost savings. Commissioner Robertson stated when specifications are reviewed that the quality of the product should not be jeopardized to meet a number in the budget. He suggested, in the future, before going to bid, that specifications are thoroughly reviewed. The specifications should reflect everything that is needed with some degree of judgment about what is wanted. Chairman Johnson asked if the vehicle would be a Chevrolet drive train and chassis. Mauney said yes. It would have the Vortec motor, heavy duty transmission, 4 -wheel drive and crew cab. The vehicle will be primarily for the Statesville and Mooresville supervisors but will be a state certified quick response vehicle. Commissioner Mitchell asked if there was much difference in the gross weight of the vehicle between light and heavy duty trucks. Mauney said not much, probably 700-800 pounds in the chassis. He said the most important component is the towing capacity for the mass tragedy trailer. OTIO by Commissioner Mitchell to approve. VOTING: Ayes — 4; Nays — 0. Request for Approval of a Lease Agreement for Office Space Between Iredell County and Partners Behavioral Health Management: Deputy County Manager Tracy Jackson presented a lease agreement with Partners Health Group, formally known as Crossroads Behavioral Healthcare. Staff members of Partners were not able to attend the meeting. Jackson said the original lease was approved in 1997 for ten years with a renewal in August of 2007 but the term was changed to five years which will expire on September 30. Jackson gave a brief overview of the present changes in the renewal: the term will be reduced from five years to three years; increase the number of parking spaces from 62 to 72 at the tenants request; Iredell County has agreed to waive the first 3 months of utility expenses in exchange for Partners making improvements to the office space, i.e. paint, floor covering, etc. Partners has asked Iredell County take care of the upgrade for them with Partners paying for the materials. Partners also asked Iredell County to provide paint in office areas where needed. The county will provide labor for the demolition of a counter. Commissioner Ken Robertson asked for clarification on waiving the utility fee and also providing the labor. Jackson said the only labor the county has agreed to perform is painting and demolition of the counter. The carpet laying will be contracted out. County Manager Ron Smith said the county would have a role in the materials that are chosen plus the architect and Director of Facility Services is working with Partners to make sure the changes are good for both parties. Jackson stated that he, David Montgomery, Iredell County Architect, and Robert Woody, Director of Facility Services, toured the facility and the estimated costs seemed reasonable. Commissioner Robertson asked for confirmation that the cost would not exceed $12,000.00. Jackson said the agreement states it will depend on the utility bills, meaning the costs will not exceed the amount of the three month utility bill. Smith said this was an unexpected cost for Partners. 6 Commissioner Robertson asked whose budget covers the utility costs. Jackson said Facility Services has a separate budget for that building. Smith said he could not directly address the flow of the money but Partners is directly responsible for the utility costs. Jackson said he had already spoken to Finance about keeping all bills separate for the first three months. OTIO by Commissioner Mitchell to approve the proposed renewal lease agreement for office space between Iredell County and Partners Behavioral Health. VOTING: Ayes — 4; Nays — 0. Request for Approval of the August Refunds & Releases: OTION by Commissioner Ken Robertson to approve the August Refunds & Releases. VOTING: Ayes — 4; Nays — 0. Releases for the Month of August 2012 Breakdown of Releases: County $ 49,880.97 Solid Waste Fees $ 208.00 E. Alex. Co. Fire #1 $ 4.51 Shepherd's Fire #2 $ 167.80 Mt. Mourne Fire #3 $ 942.97 All County Fire #4 $ 1,704.90 B&F Fire #5 $ 199.65 Statesville City $ 1,776.20 Statesville Downtown $ 17.51 Mooresville Town $ 31,677.75 Mooresville Downtown $ 31.86 Mooresville School $ 7,521.55 Love Valley $ - Harmony $ 2.04 Troutman $ 303.40 Davidson $ - Refunds for the month of August 2012 $ - Breakdown of Refunds: County $ 158.60 Solid Waste Fees $ 140.00 E. Alex. Co. Fire #1 $ - Shepherd's Fire #2 $ - Mt. Mourne Fire #3 $ - All County Fire #4 $ - B&F Fire #5 $ - Statesville City $ - Statesville Downtown $ - Mooresville Town $ 310.30 Mooresville Downtown $ - Mooresville School $ 74.83 Love Valley $ - Harmony $ - Troutman $ - Davidson $ - 7 Monthly Total $94,439.11 Monthly Total $683.73 Request for Approval of the September 4, 2012 Minutes: MOTIO by Vice Chairman Marvin Norman to approve. VOTING: Ayes — 4; Nays — 0 ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Region F Aging Advisory Committee (1 announcement) Adult Care Home Community Advisory Committee (1 announcement) APPOINTMENTS TO BOARDS AND COMMISSIONS None. UNFINISHED BUSINESS: Chairman Johnson stated they needed to make an appointment to the vacancy on the Board of Commissioners. Chairman Johnson asked for a nomination or discussion. Vice Chairman Marvin Norman nominated Sara Tice. Chairman Johnson asked to make a statement before any other nominations were made. Johnson said, "I support Mr. Norman's motion. I do so because we are faced with another unpleasant duty. A duty that has become necessary, not by any act of any present member of this board or by a collective action decided upon by this board, but by the actions of one person. In nearly 18 years as a commissioner I have had to perform duties that were very difficult. None has ever been any more difficult than asking a fellow commissioner to resign. I speak for the board when I say no one left that evening happy. The resignation of that commissioner meant that within 60 days of the resignation of that board member, it would be necessary for this Board to appoint a replacement or the duty would necessarily become that of the Clerk of Court. We believe our Clerk of Court should not be put in a difficult situation as described by our failing to perform a task regardless of its difficulty or consequences that are ours." "Over the years you may read of scandal or improprieties in counties in our region or around the state. You have never had to endure such embarrassment regarding your board of commissioners until recently. Surely at times we have our differences and problems but never an exhibition of unethical conduct. Honestly it is the misconduct of one person and nothing else that began a process which finalizes in 4 commissioners placed in the unenviable position of pleasing one group of people and disappointing another. With the re-election of Ken Robertson and the return of David Boone to this board our reputation of truth and honesty will begin to be reconstructed, but our legacy of high ethics can only be cemented by the return of someone with a character beyond reproach. Circumstances have created the situation, I feel, where that person is Sara Tice." "The conditions existed when the former commission had resigned, but not remove herself from the ballot and a little more than 24 hours were left to find a write-in, people in our party called Sara and she responded. When others said they did not want the appointment, Sara was asked and answered the call again. To reject her now, I believe, would be unfair. Again, Mr. Robertson and Mr. Boone, I believe will both be returned to this board. The reputation of this board has suffered damage by the acts of one former commissioner. We need to fix that. Please do not allow your personal feelings to prevent Mrs. Tice's return, her success and our return to credibility as a board. I support this because I feel the alternative has already demonstrated their unworthiness. So for those reasons I support the nominations of Mrs. Tice." Chairman Johnson opened the floor for any other nominations. OTION by Commissioner Mitchell to close the floor to nominations. OTION by Chairman Johnson to appoint Mrs. Tice by acclamation. VOTING: Ayes — 4; Nays — 0 Chairman Johnson thanked the Executive Committee for the work in this process. He feels it was just as difficult for the committee as it was for the Board, but hopefully the Board can move forward and go about doing the county's business. 8 PUBLIC COMMENT PERIOD: None NEW BUSINESS: None COUNTY MANAGER'S REPORT: None CLOSED SESSION: None ADJOURNMENT: There being no further business to conduct, Chairman Steve Johnson at 8:15 P.M., made a motion to adjourn the meeting. (NEXT MEETING: October 2,2012,7:00 P.M., in the Iredell County Government Center, 200 South Center Street, Statesville, NC) VOTING: Ayes — 4; Nays — 0. Approval: Acting Clerk to the Board