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HomeMy WebLinkAboutFebruary 4 2014 Regular MinutesFebruary 4, 2014 IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES February 4, 2014 The Iredell County Board of Commissioners met on Tuesday, February 4, 2014, at 7:00 PM, 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 David Boone Ken Robertson Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County Manager Beth Dirks, Finance Director Susan G. Robertson, Planning Director Matthew Todd, Planner Andrew Ventrisca, Tax Collector Bill Furches, Purchasing and Contracts Manager Dean Lail, Health Director Jane Murray and Clerk to the Board Retha Gaither. CALL TO ORDER by Chairman Johnson INVOCATION by Chairman Johnson PLEDGE OF ALLEGIANCE - Chairman Steve Johnson introduced Cub Scout Pack 370 from Union Grove with Robert Hart, Sr. and Dale Jordan as leaders. The group posted the colors and led the Pledge of Allegiance. ADJUSTMENTS OF THE AGENDA: MOTTO by Commissioner Renee Griffith to approve the agenda with the following adjustment: Deletion by Ron Smith: Item E, Memo #8, Request from the Sheriff's Office Addition by Commissioner Ken Robertson: Item G, Reconsider the IMPACT Grant for laptops for Iredell-Statesville Schools VOTING: Ayes - 5; Nays - 0. PRESENTATION OF SPCIAL RECOGNITIONS & AWARDS Chairman Steve Johnson stated there were two proclamations that will be presented. Chairman Johnson asked Tax Collector Bill Furches to come forward. Johnson read the first proclamation, proclaiming Iredell County as a Purple Heart County and presented it to Bill Furches, who served in the armed services and is a recipient of the Purple Heart. PROCL.sL'ti1. J70w -WHEREAS, the Purple Weart is the oldest decoration inpresent use and-1vas initiatty createdas the Badge of Military ;Merit by GeneratGeorge Washington in 1782, and -WHERE.1S, the Purple Heart was the first American service awardor decoration made avaitabte to the common soldier and is specifically awarded to any member of the United States .Armed Services woundedor kilted in combat with a dectaredenemy of the United States; and 'WHEREAS, the mission of the Military Order of Purple Heart, Chartered by an act of Congress is to foster an environment of goodwitt among the combat wounded veteran members and their families, promote patriotism, support tegistative initiatives andmost importantly— make sure we never forget; and February 4. 2014 "WHEREAS, IredetCCounty residents have been engaged in every war against a declared enemy fought by the United States, including the war for the nation's independence; and -WHEREAS, IredeCCCounty recognizes the commitment and -increasing sacrifices required of military families; and -WHEREAS, Iredef[County pledges its ongoing commitment to and support for the men andwomen who so honorably serve our nation. NO"W ,PHERETORE BE IT PROCLAL'MED, the IredeCCCounty Board of Commissioners hereby declares: IredeCCCounty as a PurpCe Heart County in the State of North CaroCtna .Adopted this 4th day of February, 2014. Chairman Johnson stated the next proclamation is not customary for the Board of Commissioners to give to individuals, but feels this gentleman should be recognized for his uniqueness and character. Commissioner David Boone read the proclamation and stated the proclamation speaks to the musical accomplishments of Mr. L. W. Lambert. However, he feels Mr. Lambert was much more than a musician. Boone stated he had the privilege of knowing Mr. Lambert for over 30 years. In his early years he operated a tire recapping business and later he farmed and refurbished tractors for which he was very well known. Boone said Mr. Lambert was a firm believer in the free constitutional government, free enterprise, property rights and individual freedom. Mr. Lambert was very active in the community and politics. Boone stated Mr. Lambert was influential in his political career. Mr. Lambert lived a long and productive life as a Christian gentleman. MOTION y Commissioner Boone to approve this proclamation. Chairman Johnson stated he never encountered Mr. Lambert when he did not have a copy of the constitution in his pocket. VOTING: Ayes - 5; Nays - 0 PROCL..4r -121lON 'WHERE.AS, Banjo picker Lum Wilford (L. -W.) Lambert, Jr. was born in 1,926 in the Summers community of Udkes County, North Carolina; and 'WHEREAS, along with his father, L. W, andmother, Grace LueCCa Gregory Lambert, formed a family band called the Carolina Neighbors in 1938; and tiV3CEREAS, L. -W. Lambert, being infCuencedby EarCScruggs, continuedhis banjo playing and in 1947 revived the Carolina Neighbors with his sister LdVaughn on guitar, her husband WaroCd7omtin on mandolin, Zeb Speeee on guitar and Pee -Wee yokeCey on fiddle. The group performed on UXBC Radio in North Wilkesboro, WSIC Saturday Nite Jamboree in Statesville andon WPA2 in Mount Airy. The Carolina Neighbors made their first record in 1952; and 'WHERE.AS, L. W. LambertpCayedwith numerous musicians. In 1955 heptayed banjo with the Blue River Boys. He alsoplayedbanjo with Jim & Jesse McReynolds and the 'Virginia Boys, Don Reno, Benny .Martin andwith Carol Davis as back up for BICC .Anderson. In 1968 L. U. Lambert joined the Border Mountain Boys with fiddCer Tammy MaCbouef, guitarist Cuhen GaCyean, bassist Buck .Arrington andmandotinist Jim Wotder and recorded on the Womestead CabeC- and W3CEREAS, L. -W. Lambert reorganized the Btue River Boys in 1972 with his cousin Aerb Lambert on mandolin, Ray Ctine on guitar, Tommy Mathoeuf on fiddle, Joe Greene on bass and'ECbert .Arrington on guitar. 'Phis bandwon 31 out of 34 fiddler's conventions they enteredthat year, and lW3CERBAS, L. -W. Lambert andthe Btue River BoyspCayedat the Lincoln Center 2 February 4, 2014 in New York City sharing the bitttivith Emmytou Harris, .Norman Btake andthe whites; and "W3fBRP�S, L. 'W. Lambert recorded tivo athums with .art Wooten amfone with Jim Shumate. The recording of "The Battle of Xored' on the Carotina Neighbors recording was entered -into the Library of Congress for the Bi-Centenniaf- and WHEREAS, L. W. Lambert Lived his tater years on a farm in Orin, Located in northern Iredett County, North Carotina. THEREE'ORE. BBITPROCL.PjmED by the IredettCounty Boardof Commissioners, that L. -W. Lambert who passed away at age 87 on January 23, 2014 was a music icon andwitrhe rememberedfor his great banjopicking and bluegrass music. Adoptedthis 4th day (if February, 2014. APPOINTMENTS BEFORE THE BOARD (None) PUBLIC HEARINGS Chairman Steve Johnson called the meeting into a Public Hearing. Request (Case #1401-1) from William Allen to rezone 0.495 acres, at 929 Brawley School Road (fronting Webbed Foot Road) in Mooresville, and render a decision concerning the zoning change from RO, Residential Office to NB, Neighborhood Business District: Planning Director Matthew Todd stated this property has been zoned RO since 1984. He said staff supports this plan based on the 2030 Horizon Plan which calls for this area to be Corridor Commercial and the proposed district fits into the district development pattern and neighboring uses. Also, the potential traffic should not come close to the road capacity. Before the 2030 Horizon Plan, in the older plan, this area was labeled transitional commercial. Road. Commissioner Ken Robertson asked to confirm the building is facing Brawley School Todd said yes and there is an easement to connect the property to Brawley School Road. Chairman Johnson asked if the property owner intended to improve the easement and have access to Brawley School Road. Todd stated, since the Planning Board meeting, the applicant recorded a plat that shows there will not be access from Webbed Foot Road. The plat shows a buffer and an improved easement to Brawley School Road. Todd clarified this is not a zoning condition, but something the applicant has done since the Planning Board meeting. Commissioner David Boone asked the type of buffer proposed for Webbed Foot Road and if a buffer was required by the code. Todd said the code requires research for the amount of parking and potential landscaping, canopy trees, etc. but does not require 90% screening. Robertson asked if the same scenario was proposed for a tract on Fantasy Lane would the same consideration be given because the property doesn't touch Brawley School Road. Todd stated one difference between the two is that lots on Fantasy Lane do not fall under Corridor Commercial zoning. Robertson asked to confirm the Planning Board voted not to rezone this. Todd said that was correct. February 4, 2014 Chairman Johnson asked the property owner to address the easement issue with Brawley School Road. Property Owner/Applicant William (Billy) Allen, also owner of Don Allen Associates, a land surveying company, said they operated out of this office for 20+ years. The building was removed with the widening of Brawley School Road. The easement from Brawley School Road goes through the existing parking lot to provide connectivity to the commercial piece. He said the Planning Board was concerned with delivery trucks because the property faced Webbed Foot. Allen stated their address is 929 Brawley School Road and the building faces Brawley. He said they have implemented a ten foot buffer which will be a six-foot fence with landscaping on the road side of the buffer. Chairman Johnson asked Allen to confirm there were no intentions of accessing the property from Webbed Foot Road. Allen stated there would be no vehicular access to Webbed Foot. Robertson asked if the property is re -zoned could the present property owner or future property owners legally use Webbed Foot if desired. Todd said it is not a zoning condition and therefore, at any point in the future the property owner could amend the plat to have access onto Webbed Foot. Commissioner Renee Griffith asked if a plat amendment would have to be brought before the Board of Commissioners. Todd said no, it would only need the Planning Office to sign off on the plat. Allen said he researched the approved 2030 Horizon Plan for guidance. However, with the present zoning, the buyer could face the building, add a parking lot, and use all of Webbed Foot, even though that is not the intention. Chairman Johnson asked what is allowed on the property with the present zoning. Todd stated it could be any type of office with some residential aspects. Anything beyond an office would trigger rezoning to a neighborhood business type use. Griffith asked again that the intentions are not to use Webbed Foot Road. Allen said that is correct. He stated the potential business is Accurate Appliance which is an in-home appliance repair. However, this type of business is not allowed in RO because he sends out service people, which triggered the rezoning. Chairman Johnson invited the public to speak. George Brawley expressed his concerns about traffic. He feels it wouldn't take long for delivery trucks to determine the easiest route would be Webbed Foot and Canvasback which would bring trucks through a subdivision. Residents are concerned about people walking, pets, and children. Griffith asked if traffic could presently utilize the streets that Mr. Brawley expressed concerns about. Todd said they could. Griffith asked to clarify that this business is not the only reason for traffic using these roads. Todd agreed that traffic is presently able to use those particular roads. Jim Smiley, of 129 Webbed Foot Road, stated his area is totally residential with no businesses. He is concerned that the potential business would hurt the residential community. He 4 February 4. 2014 expressed his concern about school children too close to the traffic. He asked the Board to deny this rezoning request. Janice Clayton, of Webbed Foot Road, is four houses away from the subject property. She stated her concern that the area is residential with no sidewalks and they have many people walking dogs, children playing, and two handicap residents. She stated her main concern is traffic. She also pointed out, from her research, she understands it requires a 30 -foot buffer and not the 10 -foot that Mr. Allen quoted. Ms. Clayton reiterated the fact that the property is presently for sale and that Mr. Allen is speaking for a third party. She expressed her concern on the definition of Commercial Corridor and mentioned several aspects of that definition she didn't believe fit the circumstances. Ms. Clayton expressed, again, her concerns about the traffic. She also stated her concern about property values and this rezoning would not enhance the quality of life for the residents. Dan Clayton, of 142 Webbed Foot Road, expressed his concerns that any buildings on this property would be closer to Webbed Foot Road and not Brawley School Road. He pointed out the blind curve and present traffic dishonoring the posted speed limit. He expressed his concern about heavy weight delivery trucks. He shared information he gathered from a trucking company about the improbability of potential turn-arounds and usage of other streets. He stated he is against this rezoning. Leigh Byers of 121 Webbed Foot Road, stated she supported all of the prior comments made by other neighbors. She pointed out there were three bus stops in the community and expressed her concerns the impact of the rezoning would have on the neighborhood. Lisa Delano expressed her concerns about the neighborhood business designation and future ramifications. She expressed concerns of non -enforcement of the speed limit. She said she understood from the Planning Board meeting minutes that the buyer of this property wants access from Webbed Foot Road and is very concerned about the increase in commercial traffic on their streets. She believes rezoning to neighborhood business will introduce more businesses that do not belong on an established residential street. She stated the type of building allowed by the rezoning does not fit into the neighborhood as well. She is specifically concerned with the straight rezoning without conditions which would lead to the negative footprint and detrimental effects on the area. She said not one of the residents in the area are in favor of this rezoning. Bob Delano of Webbed Foot Road expressed his concerns of the designation of Neighborhood Business. He believes the proposed business, which serves a 40 -mile radius, should really be in a commercial district not in a residential area and by definition does not specifically address the needs of the adjoining neighborhood. Delano read from and quoted several passages from the 2030 Horizon Plan. In closing he felt the decision should be to deny this request but also to investigate the entire section that is deemed Corridor Commercial to determine if this designation remains logical or maybe should be amended to a more transitional property. Robertson asked to clarify if a UPS truck could enter, turn around and exit the property from Brawley School Road. Todd replied yes. Robertson asked if a tractor/trailer type truck could enter, turn around and exit the property from Brawley School Road. Todd said he did not believe a tractor/trailer could turn around. Robertson added that a tractor/trailer truck would be forced to exit by Webbed Foot Road. Todd said yes or restrict that type of delivery. Robertson asked if and/or who would police this type of restriction. Todd said it would be up to the property owner and the delivery company. Staff would not enforce such restrictions. He stated he felt sure there were many businesses where tractor/trailer deliveries would not be possible and therefore the owner makes other accommodations. February 4, 2014 Barbara Maraghy from Webbed Foot Road stated she and her husband are in support of not rezoning. She stated her concern with large trucks in the neighborhood and for the safety of the many people walking. Griffith asked if the owner could sell the property as residential under the RO designation. Todd said it could be developed as residential or office under the present zoning. Griffith asked for clarification if the rezoning was denied that the owners could still sell the property to another business. Todd said yes. He stated it is important for everyone to understand a potential new owner could submit plans, build a commercial office on this property and they would not have to go back through this same process. Griffith asked if a new business could access Webbed Road, even if this rezoning was denied. Todd that is correct. The truck traffic and all the same issues brought up tonight are already there and are not going to disappear. Griffith asked to confirm under the current zoning a metal type building could be constructed on this property. Todd said yes. The county does not have aesthetic controls on commercial buildings. Griffith repeated that under the current zoning, the owner could sell the property as commercial, a new owner could construct a metal building and could access Webbed Foot Road. Todd said yes. Boone asked the process of making a conditional use that would not allow vehicular access from Webbed Foot Road. Todd said it would require a new application and there are time -frame requirements. Boone asked Todd to explain the scenarios of the time frame requirements. Todd said it would take a few minutes to gather that information. Griffith stated she believes there is a misconception by the citizens. She explained the issues are already present with the current zoning and a denial of this rezoning would not stop a business owner from accessing Webbed Foot Road. Chairman Johnson said the disparity between, as to the impact to the community, is what is allowed under RO and NB. Boone stated the legitimate concerns mentioned are about the traffic on Webbed Foot Road and he would like for that concern to be addressed. Chairman Johnson shared information that in the past he once delivered appliance parts and typically this doesn't require a lot of heavy trucks, instead deliveries are made by Fed Ex and UPS. Johnson said when the 2030 Horizon Plan was adopted it was the intention to steer away from the hazards of conditional zonings because of the enforcement issues. Therefore, by right, certain things were granted under each category. He is concerned that Mr. Allen may sell this property as NB with no assurance the business will be an appliance repair shop and with no conditions against access to Webbed Foot Road, only compounds his concern. Todd, answering Boone's question about time -frames, said if the applicant withdraws his request before the Board votes, he will have to wait 180 days to re -submit another application. If the Board votes, then the applicant would have to wait 12 months to submit a different application or two years to submit this same request. 6 February 4. 2014 No one else desired to speak, therefore Chairman Johnson closed the public hearing. Robertson stated the Board of Commissioners considers themselves a business friendly board, but also are concerned for private property owner rights which brings conflicts when residential borders business. Robertson stated he has been a customer of Accurate Appliance and considers this a good business and would be a good neighbor. However, the Board cannot control future selling of this property and if the zoning changes, future businesses could have an impact on the community. He said many times property owners repeatedly submit request to rezone property to accommodate their growing business which escalates issues when bordering residential areas. OTION by Commissioner Robertson to abide by the recommendation of the Planning Board and deny this request. Commissioner Griffith stated if this request is denied the owner will have to wait an entire year to resubmit an application and feels this could be a hardship. She stated she would be interested in discussing this subject at a later date to possibly loosen the time -frame perimeters. VOTING: Ayes — 5; Nays — 0 Commissioner Boone commented that Conditional Uses should be examined again in the future. As in this case, it may have been something that could have helped both sides. Chairman Steve Johnson called the meeting into a public hearing. Rezoning Case #1401-2, Venture Properties VII, LLC to Rezone 2.05 Acres at 923 Old Mountain Road from HB -CUD and NB to NB: Planning Director Matthew Todd stated this rezoning request was zoned Neighborhood Business and Highway Business Conditional Use in 2001. The property in question is divided with the Neighborhood Business part fronting on Old Mountain Road and the Highway Business part along Buffalo Shoals Road. The Highway Business was Conditional Use for a mini-warehouse/mini-storage only. The request is to rezone the Conditional Use area to match the other part of the property as Neighborhood Business. Todd stated staff supports the request based on the 2030 Horizon Plan. It will require a rural commercial node. The proposed district fits into the existing development pattern and neighboring uses. He said the potential traffic should not come close the road capacity. Commissioner David Boone asked to confirm the plan use. Todd said it is a Dollar General and it is a straight rezoning. Boone asked if it would face Old Mountain Road or Buffalo Shoals. Todd said the proposal is to face Old Mountain but will have driveways onto both roads. Shea Davis with Venture Properties reiterated they are requesting half of their site to be rezoned to NB. He said the plan is to build a Dollar General Store and they have a 15 -year signed lease with four five-year extensions. Davis stated Dollar General is presently one of the strongest companies. He feels Dollar General will be good for the community with jobs and tax base. The company has been in contact with NCDOT and have obtained permits for the driveway cuts. Plans have been submitted, reviewed and permits have been issued for erosion control. Davis stated they will use public water but will have private sewer, plus they will have the required buffers. Derrick Goddard, from Blue Ridge Environmental Engineer is the civil engineer working for this proposed use. He echoed Mr. Davis concerning the required buffer and said the plans include a "beefed-up" buffering and is consistent with the 2030 Plan. Chairman Johnson closed the public hearing. MOTION by Commissioner Griffith to approve. I February 4- 2014 VOTING: Ayes — 5; Nays — 0 PLANNING STAFF REPORT REZONING CASE # 1401-2 STAFF PROJECT CONTACT: Andrew Ventresca EXPLANATION OF THE REQUEST This is a request to rezone 2.05 acres on a property that fronts both Old Mountain and Buffalo Shoals Roads in Statesville from HB -CUD, Highway Business -Conditional Use District and NB, Neighborhood Business to NB, Neighborhood Business. This is a straight rezoning request and therefore, all uses as described in the Table of Permitted and Special Uses (Section 2.21) in the Land Development Code will be allowed. No conditions are proposed in the request. OWNER/APPLICANT OWNER/Applicant: Venture Properties VII, LLC PROPERTY INFORMATION LOCATION: The property is addressed 923 Old Mountain Road and has road frontage on both Old Mountain and Buffalo Shoals road and is located in close proximity to the intersection of these roads, more specifically a portion of PIN 4722283019.000. DIRECTIONS: US 21 /NC 1 15 south; West on Old Mountain Road; site is northwest of the intersection of Old Mountain and Buffalo Shoals Road. SURROUNDING LAND USE: This property has a gas station and commercial uses to its east, residential to its north and west, and vacant to its south. SIZE: The property is 2.05 acres. EXISTING LAND USE: The property currently is vacant with no structures. ZONING HISTORY: This parcel was initially zoned RA with county wide zoning in 1990. The parcel was rezoned to NB and HB -CUD for a Mini -Warehouse Storage Business in 2001. The request was unanimously approved by both the Planning Board and Board of Commissioners. The property was also approved by the Board of Commissioners for the high density development option in the watershed. However, no development has ever occurred on this property. OTHER JURISDICTIONAL INFORMATION: This property is not located within another jurisdictions planning boundary. OTHER SITE CHARACTERISTICS: This property is located partially in the WS -IV -Protected Watershed. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest traffic count is on Old Mountain Road and had a 2010 count of 6,900 vehicle trips per day. The capacity of this section of Old Mountain Road is 13,800 vehicles per day. 8 February 4, 2014 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 Department. They have no issues with the proposal. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant will have to provide a site plan to the Planning & Development Department for review for non-residential development of the property. Zoning requirements such as parking, landscaping and buffering would be reviewed at such time. Plans will be reviewed by the Planning & Development Department for compliance with Erosion & Sedimentation Control standards. STATE: Other than building code, there should be no formal state agency review at this time. FEDERAL: None at this time. STAFF AND BOARD COMMENTS STAFF COMMENTS: The 2030 Horizon Plan calls for this area to be Rural Commercial, which includes existing commercial uses or areas intended for future commercial use that are located along major roadways in rural areas. The intent of these areas is that they will remain rural in character for the planning period and will not be serviced by public water and sanitary sewer systems. Land uses appropriate within Rural Commercial areas supporting farm services, small-scale commercial uses such as small markets, convenience stores, small neighborhood service businesses, restaurants, churches and institutional uses. The proposed NB district does fit into the Corridor Commercial designation. Other information to consider is that the property is in close proximity to other commercial uses and areas zoned for commercial activity. The Planning staff can support the proposed rezoning request based on the following: The 2030 Horizon Plan calls for this area to be commercial. The proposed district fits into the Rural Commercial designation and is consistent with surrounding zoning. The request should have a minimal impact on the adjacent properties. Potential traffic impacts should not come close to the road capacity. SITE REVIEW COMMITTEE: Thomas Alexander & David Aman visited site with staff on December 18, 2013. PLANNING BOARD ACTION: On January 8, 2014, the Planning Board held a public meeting to hear this request. Several nearby property owners spoke in opposition of this request. The Planning Board voted 7-2 to recommend approval of this request with the following motion: Motion to recommend in favor of the zoning map amendment and to make a finding that the approval is consistent with the adopted 2030 Horizon Plan and that said approval is 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. Chairman Johnson declared the meeting into a public hearing. 9 February 4, 2014 Request Release of Zoning and Subdivision Jurisdiction to the Town of Mooresville by APB Langtree Properties, LLC: Planning Director Matthew Todd stated this property is known as the Schumacher site on Alcove which was rezoned recently. He stated this property essentially became a doughnut hole within Mooresville's jurisdiction. Chairman Johnson closed the public hearing. OTION by Commissioner Robertson to release the zoning and subdivision jurisdiction to the Town of Mooresville. VOTING: Ayes - 5; Nays - 0 PLANNING STAFF REPORT Release of Zoning & Subdivision Jurisdiction Staff Project Contact: Rebecca Harper EXPLANATION OF THE REQUEST Paul T. Schumacher, with APB Properties LLC, has requested the zoning and subdivision jurisdiction of 1.284 acres be released to the Town of Mooresville. The tract to be released is currently being used by Schumacher Homes as a sales center. The request is being made in order for the property to be included as part of Alcove Commons Subdivision. The impervious area and detention for this site will be included with that of the subdivision as agreed upon between property owners and staff before the development of the property. The Town of Mooresville requires that they be in the Town's ETJ in order to be included as part of the subdivision. OWNER/APPLICANT OWNER: Paul T. Schumacher APB Properties LLC 2715 Wise Ave NW Canton, OH 44708 PROPERTY INFORMATION LOCATION: On Alcove Road near Foundation Court; more specifically identified as PIN # 4645675756. DIRECTIONS: 1-77 south to exit 33, go across to Alcove Road, right on Foundation Court, site on right. SURROUNDING LAND USE: This property is surrounded by residential uses to the north, vacant land to the south and east, and 1-77 on the west. SIZE: The property is 1.284 acres. EXISTING LAND USE: The tract to be released is currently being used by Schumacher Homes as a sales center. ZONING HISTORY: This property was rezoned from RA (Residential Agricultural) to HB (Highway Business) in 2012. Schumacher Homes just recently completed the construction of an office and three model homes on the site, receiving a CO on all four buildings on November 15, 2013. Before the development of the property, the owners and the Planning staff agreed that any impervious area on the site would be included in the 10 February 4, 2014 development plans for the overall project. Since that time, the remainder of the project area was released into the Town's jurisdiction. OTHER JURISDICTIONAL INFORMATION: This property is located inside Mooresville's short range USA boundary. On December 2, 2013, the Town of Mooresville Board of Commissioners agreed to take the property into their ETJ. The property will not receive water and sewer and will not be annexed into the city limits because it is already being served by a well and septic system. The Town Planning staff has submitted a letter of acknowledgement regarding the request and is in support of the request . This area is proposed for corridor mixed-use development in the Comprehensive Land Use Plan adopted by the Town of Mooresville. OTHER SITE CHARACTERISTICS: This property is located in the Catawba/Lake Norman Critical Area water supply watershed. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The nearest location for NC DOT traffic counts is on Templeton Road, just north of this site. In 2009, the average number of vehicles per day on this section of Templeton Road was 2300. The capacity for this section of Alcove Road is 11,000 vehicles per day SCHOOLS: Because this is property is being used for commercial purposes, there should be no implications on local schools. STAFF COMMENTS STAFF COMMENTS: From a Planning perspective, this request meets the criteria for release of zoning and subdivision jurisdiction. The release would allow the impervious area and detention to be included as part of the Alcove Commons Subdivision, the remainder of which is currently in the Town's ETJ. The Town Planning staff has recommended in favor of this request. The existing use of the property fits into the future land use plans for the Town of Mooresville. The Planning staff recommends in favor of this request. ADMINISTRATIVE MATTERS Report from Tax Administration of Unpaid Taxes that are Liens on Real Property and Request to Set March 12, 2014 as Advertising Date for Tax Liens: Tax Collector Bill Furches stated it is required by General Statutes to report unpaid taxes and request to set a date of March 12, 2014 to advertise tax liens. MOTION by Chairman Johnson to approve this report and set the date of March 12, 2014 to advertise these tax liens. VOTING: Ayes — 5; Nays — 0 Request from Sheriffs Office for Budget Amendment #20 to Move $2,032 from Seized Funds to Pay Sales Tax on Trace 1310 Mass Spec Blood Alcohol Analysis System: Misty Icard stated the Sheriff's Office was requesting a budget amendment of $1,376.10 (total amount of tax due is $2,032.29) from Seized Funds to pay sales tax on a Trace 1310 Gas Chromatography Blood Alcohol Analysis System from the North Carolina Conference of District Attorneys which is funded by a grant from the Governor's Crime Commission in the amount $40,167.00. Commissioner Ken Robertson asked if the equipment required a lot of maintenance and if there is an additional routine certification. Icard said yes, they purchase yearly service contracts for all of the instruments. Robertson asked the amount of the contract. Icard stated an estimated $5,000 yearly which covers anything that breaks. 11 February 4, 2014 Robertson said this should have been listed on the memo information for the Board under Current and Future Budget Implications. He stated any future requests needs to include this information. He asked where the $5,000 would be taken from. Icard said it would be from general laboratory funds. Robertson asked to confirm that would be county funds and not from a grant. Icard said that is correct, it is not from a grant. OTIO by Commissioner Robertson to approve BA #20. VOTING: Ayes — 5; Nays — 0 BA#20 2/4/2014 To record the acceptance of a Trace 1310 Mass Spec Blood Alcohol Analysis System funded by the Governor's Crime Commission and appropriate seized funds for the sales tax on this award to the Crime Lab. Account# Current Chane Amended 104512 435910 104880 499401 105512 610000 Governor's Crime Comm Grant Appro Fund Balance - Seized Depreciable Assets - (339,485) 32,275 (40,167) (2,032) 42,199 (40,167) (341,517) 74,474 Request from Finance for Approval of Mooresville Graded Schools Application for Lottery Proceeds: Finance Director Susan Robertson said Mooresville Graded School District has submitted an application to draw down almost $505,000 of their lottery proceeds balance to help support the 2003 debt service on certificates of participation that was issued by Iredell County. This is approximately $64,000 less than originally budgeted because of the savings realized in interest. Robertson said Mooresville Graded School's Board of Education approved this on January 14, 2014. MOTION by Vice Chairman Norman to approve. VOTING: Ayes — 5; Nays — 0. Request from Purchase and Contracts Manager for One K-9 be Declared Surplus and Adoption of Resolution Allowing the Sale of the Animal by Private Negotiated Sale to its Handler: Purchase and Contracts Manager Dean Lail stated the Iredell County Sheriff's Office has retired one of the working dogs. The dog is 12 years old and has passed the life expectancy as serviceable in its function. They are requesting the animal declared surplus and allowed to be sold to his handler for $1.00. The handler will sign an agreement assuming all responsibility and expenses for the animal. OTIO by Commissioner David Boone to approve the animal declared surplus and to sell for $1.00. VOTING: Ayes — 5; Nays — 0 Resolution Authorizing the Private Sale of Certain Surplus Personal Property WHEREAS, the County of Iredell has possession of the following item of personal property which is surplus to its needs and desires to dispose of same, 12 February 4. 2014 NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners of Iredell County, that the County Purchasing & Contracts Manager, Dean A. Lail, pursuant to the provisions of NC G.S. 160A- 267, is hereby authorized to dispose of the personal property as listed for cash or good check by private sale, and that said Purchasing & Contracts Manager is further authorized and directed to execute the necessary functions associated with this sale. One (1) Canine Unit (Kas) Request for Approval of the January 21, 2014 Minutes: MOTION by Vice Chairman Marvin Norman to approve the minutes as presented. VOTING: Ayes — 5; Nays — 0. Reconsideration of the Proposal from Iredell Statesville School District concerning the IMPACT Grant from the Previous Meeting: Chairman Johnson stated each Commissioner has a synopsis and cost information which were the results of a meeting he had with school representatives. Chairman Johnson said he feels this agreement addresses the concerns that were expressed as a consensus of the Board. He stated the Board of Commissioners cannot tell ISS which device to buy, however, they can determine the amount of funding. ISS has already obtained the $20 million from the grant. He explained the concern of the Board is the additional cost associated with expanding the number of students who would receive the devices and because the Apple device was much more expensive which made the overall expense more than the original $20 million. Therefore, the conditions agreed upon with the Board of Education are: 1) they can use no more of the fund balance if they choose the Apple versus Lenovo. In the original proposal, assumptions are the resale price will be $300 per unit at the termination of the lease. However, if the resale price was less it would seriously depreciate their fund balance, which would potentially require the Board of Commissioners to replenish that fund balance at some point. He stated, in this agreement, ISS is assuming the risk with the resale of those devices. 2) In subsequent years, it would require no additional revenue above that which the revenue stream could support. Chairman Johnson believes this agreement meets those concerns because after the first three-year term there should be ample money in the capital funds, dedicated by the County's funding formula, to the schools to pay this. However, they will front some of the money from their fund balance in the second and third year term and Iredell County will subsidize by the third year up to $1.8 million. Commissioner Ken Robertson stated it was never the intent to not use the federal grant to buy laptops for the students but how to sustain the project. He stated one of the main questions was concerning the cost of purchase and the Board looks at it long term, the cost of ownership not the cost of purchase. The cost of ownership is much more difficult to explain and analyze which is one of the reasons Apple was chosen over a Windows based system. He stated this was a methodical process but not easy to present in a short period of time. He feels the analysis was completed in a sound way and is comforted that Mooresville Graded School District has had great success using the Apple product. Robertson thanked ISS for not excluding students at Lake Norman High School. He said the federal grant excluded Lake Norman students because of where they live, but ISS said they would be included which is the reason for the financial debate, but it was the right thing to do. MOTION by Commissioner Robertson to accept the plan as presented so that Iredell Statesville Schools can proceed with the grant and put the laptops in the hands of the students. Commissioner David Boone questioned the sales tax refund listed on the information provided. Melissa Wike, Chief Financial Officer for ISS, said they apply yearly for a refund from the local sales tax. Boone asked if that was approximately 11/2 %. Wike said yes. Chairman Johnson asked if ISS has requested a no-fault extension. 13 February 4, 2014 Patrick Abele, Grant Director, said he inquired about extending funds beyond December 31, 2016. The information they received said all funds had to be expended, or encumbered to be completed, prior to December 31, 2016. Personnel funds could not even be encumbered beyond that point in time. Abele asked about extending the lease agreement and was told no, as well. However, he said he has already made arrangements to begin work tomorrow with technical and program officers to follow up with the recommendations of the Board of Education and the Board of Commissioners. All of this is within the scope and time -frame of implementation by December 31, 2016. He said he will glad to follow up and ask for additional clarification on extensions. Commissioner Renee Griffith ask where the liability falls if all 12,300 laptops cannot be sold. Chairman Johnson said the condition is that they spend no more of their fund balance than they would have with the Lenovo. Griffith asked where the liability would fall if they were unable to trim that from their budget. Chairman Johnson said the agreement is, if there is any additional expense related to the Apple as compared to Lenovo, then that money must come from internal budget cuts. Griffith asked if that includes the possibility of not being able to market all 12,300 at $300 each. Chairman Johnson said yes. He reiterated that if it requires the expenditure of any more money than the Lenovo option then it would not come from the fund balance it must come from their budget internally. Boone compared this to the previous zoning request about road access where the current property owner did not intend to access a certain road, but it is not binding on future owners. He said the present Board of Education may declare its intent to do something but it is not legally binding on future Boards of Education and/or Boards of Commissioners. Brady Johnson, Superintendent, said they are entering a three-year lease and are asking for a commitment on level funding. At the end of the three-year period, they will reassess whether to enter into a second phase. He stated this wasn't just Iredell Statesville, but Mooresville and charter schools will have to reassess as well. He has been informed, by reliable sources, the Apple will retain its value but it is a gamble. He iterated they have the funding for three years and at the end of the three years, if the devices don't retain their value, then they go back to the drawing board to determine if the can continue into a second phase for years four, five and six. He said it is their best guess, but it is grounded with a lot of evidence from the manufacturer and other systems that have gone down this road. Chairman Johnson stated, directed to Dr. David Cash, safeguards have been placed to monitor the financial side but no one has control over the dynamics of the technology industry. He intends to support the motion but ask ISS, at each budget presentation and at each Winter Planning Session (not the one dated February 21, 2014), to provide updates on how this program is progressing... each time ISS comes before the Board about budget, which is twice yearly. He also asked ISS, before the end of the second year of the first three-year lease, to make an assessment of the program and what the program will look like and ISS's intention at the termination of the first three years. Johnson said he is trying to avoid a situation, in three years, where an entirely new plan has been devised. Johnson stated he wanted everyone to know how the program is progressing and if dynamics change during the first two years, at the end of the second year that all Board members are aware of any intentions to change the plan in the second and third year lease. He asked to keep everyone informed of intentions going forward. Dr. Cash said he welcomed those instructions. He feels it would help comfort and satisfy the Board of Commissioners about the future financing problems. No one likes surprises which is why they have spent an extensive amount of time planning with the most accurate data available. Cash said it is a good business practice to meet and review the progress with both boards. ISS does not want any surprises either, but hopes this is the first part of a perpetual process that will continue 14 February 4- 2014 to provide technology materials for the students. Cash stated, since he became elected, his dream is that the Board of Education and the Board of Commissioners would have a relationship based on mutual trust and respect in order to meet and plan together a mutual goal best for the community. Chairman Johnson stated the days of 7-9% revenue growth in a non -revaluation year, then 20-23% increase in revenue in an evaluation year does not appear to be happening again. He said in 2009 he voiced that the stimulus plan would not work, therefore, we cannot continue to think grants are going to save the economy. He said the current federal administration has no idea, but hopefully with a change in federal management they will realize that each economic recession recovery came as a result of deregulation and a reduction in tax rates in a manner that spurred economic growth. From the time policies are enacted and when they take effect is another two years. He feels there is another four to five more years of sub -par economic growth, therefore people are hurting and can't be expected to pay more. No one can pretend those economic conditions do not exist. That is economic reality and will continue to be. He said take a look at 1920, 1950, 1960, 1980, 1996, and 2001, the country was brought out of those recessions by marginal corporate tax rate cuts and deregulation. He said the Board of Commissioners are in the middle between economic reality and the Board of Education and does not want to ask the people for more money and asked the Board of Education to keep that in mind. Boone stated there is mismanagement at all levels of government. He pointed out the information from ISS received at the last meeting and this meeting are showing two different prices for the purchase of the Apple product and three different prices for the Lenovo. He said there were several other discrepancies which may have some logical explanations but leads him to wonder how much confidence he can put into the information provided. He said, in early January, there were two reasons he voted against accepting the installment contract: 1) the initial purchase price was too high. After a few inquiries, he found that several perfectly adequate devices could be purchased for significantly less than the Lenovo product. The lower bid exceeded the amount the grant allocated for the laptops with the difference being paid from county tax money. 2) There was no plan to pay for replacement computers once the grant money was spent. He said the proposal before them tonight partially addresses the second concern. The capital outlay ISS proposes to designate to purchase devices will cover about two-thirds of the cost in years four through six and that is assuming, in six years, the used computers could be sold at the projected price. Boone said he is concerned about redirecting capital outlay from facilities to technology. ISS has continually spoken of the inadequacies of school buildings, yet is willing to divert $600,000 per year from building needs to technology. Boone said the greater problem is the original purchase price has not been reduced, which was one of his main conditions to consider this proposal. The fund balance roll -forward information received at the previous meeting actually shows the system using less fund balance than the figures presented tonight with both based on the proposed resale value. There is no contractual agreement to resale or trade-in the used devices therefore assumptions for the future must involve a certain amount of guess work. Previous figures given project that once the used computers were sold, ISS would actually spend $196,000 less on computers purchases than the amount covered by the grant. The figures given tonight show spending a net of $381,000 in excess of the grant. Boone said the initial purchase price has not been addressed. He said he publicly stated he would vote for a purchase contract if it reduced the initial purchase price to a more reasonable level and a credible plan was presented to pay for the computers at the expiration of the grant. He feels there is no difference in what was presented two weeks ago and what has been presented tonight except the commitment that if the used devices were not sold at the projected price, ISS would take funds internally to make up the difference. He feels since nothing has been done to reduce the initial purchase price, that he must be a good steward of tax payer's money and cannot vote for the present proposal before the Board. Chairman Johnson commented that he was charged to negotiate within set perimeters and has returned, within those perimeters as dictated by this board, and is confident this agreement meets the guidelines. The county taxpayers are no longer exposed to the risk if the resale of the devices is less than the school board thought and it will not require any additional appropriation than future revenue streams should allow, albeit money could be diverted from buildings to technology with ISS's willingness to do so. VOTING: Ayes — 4; Nays — 1, (Commissioner David Boone voted against.) 15 February 4, 2014 Dr. David Cash asked to clarify that the resolution brought forth was included in the motion. Chairman Johnson said yes. Boone asked for clarification on a procedural matter. He asked if the motion should state a reconsideration on a previous matter. Robertson said this was a revised motion. County Attorney Bill Pope stated if this was treated as a re -consideration, Boone would be correct but it could be treated as a new motion. Chairman Johnson asked Mr. Pope if the matter had been adequately addressed with the action taken. Pope said yes, it was a new matter and a different proposal. Chairman Johnson asked for a motion to reconsider the original installment contract. MOTION by Commissioner Robertson to reconsider. VOTING: Ayes — 4; Nays — 1 (Commissioner David Boone voted against) MOTION by Commissioner Robertson to approve the installment contract. VOTING: Ayes — 4; Nays — 1 (Commissioner David Boone voted against) RESOLUTION IREDELL COUNTY BOARD OF COMMISSIONERS IREDELL COUNTY. NORTH CAROLINA WHEREAS, the Iredell-Statesville Board of Education ("Board of Education") proposes to enter into an installment purchase contract pursuant to N.C. Gen. Stat. § 1 15C-528 with Apple Financial Services or it's assignee for the installment purchase of certain laptop computers and related equipment (the "Installment Purchase Contract") to be used for instructional purposes; and WHEREAS, the Installment Purchase Contract will require the Board of Education to pay to Apple Financial Services, or it's assignee, a total of up to $10,725,602, inclusive of principal and interest, in three fiscal years, in three annual installment payments, made in arrears, in accordance with the attached payment schedule. WHEREAS, the Installment Purchase Contract is a continuing contract for capital outlay subject to the provisions of N.C. Stat. § 1 15C -441(c 1) and 115C-528; and WHEREAS, although the Board of Education and Iredell County Board of Commissioners ("Board of Commissioners") anticipate that the entire purchase price, including interest, will be covered by the normal appropriations provided by the Board of Commissioners each year, the Installment Purchase Contract is nevertheless being approved by resolution of the Board of Commissioners to ensure compliance with the requirements of N.C. Gen. Stat § 115C-441(cl). NOW, THEREFORE, BE IT HEREBY RESOLVED, as required by N.C. Gen. Stat. § 115C - 441(c1), that the Iredell County Board of Commissioners agrees to appropriate sufficient funds to the Iredell-Statesville Board of Education in ensuing fiscal years to meet the obligations of the Installment Purchase Contract, provided the amount the Iredell-Statesville Board of Education shall be obligated to pay under that contract shall not exceed the amounts recited above and in the attached payment schedule. Said appropriated funds shall be a part of, and not in addition to, regular appropriations made to the Iredell-Statesville Board of Education. Resolved, this day of 2014 by the Iredell County Board of Commissioners. Chair ANNOUNCEMENTS OF VACANCIES OCCURRING ON BOARD & COMMISSIONS Zoning Board of Adjustment (1 Announcement) APPOINTMENTS TO BOARDS AND COMMISSIONS 16 February 4. 2014 Animal Grievance Committee (1 Appointment). MOTION by Chairman Johnson to table this matter to the next meeting. VOTING: Ayes — 5; Nays — 0 Home and Community Care Block Grant Committee (1 Appointment) OTIO by Commissioner Renee Griffith to appoint Denise Bair. VOTING: Ayes — 5; Nays — 0 UNFINISHED BUSINESS (None) PUBLIC COMMENT NEW BUSINESS (None) 1 ► _►_ :_1 '1: County Manager Ron Smith presented a proposed budget calendar for the upcoming budget work sessions. Smith also informed the Board they may be invited by the Town of Mooresville to attend a meeting with Town Council and Mooresville Planning Board. The meeting is tentatively scheduled for February 13, 2014. CLOSED SESSION: MOTION by Chairman Johnson at 9:08 PM, to enter into closed session pursuant to G.S. 143-318.11 (a) (4) — Economic Development and G.S. 143-318.11 (a) (6) Personnel. VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 9:36 PM) Request from NGK to Amend Contract for Extended Improvement Time Period: MOTION by Chairman Johnson to adjust the improvement period for NGK from September I, 2013 to March 31, 2015. VOTING: Ayes — 5; Nays — 0. Salary Adjustments for the Newly Elected Sheriff in 2014: OTION by Commissioner Renee Griffith effective upon installation of a newly elected Sheriff, the salary will be set at Grade 82, Step 38, with travel and benefits negotiated at the time of installation. VOTING: Ayes — 5; Nays — 0. ADJOURNMENT: MOTION by Chairman Johnson to adjourn the meeting at 9:45 p.m. (NEXT MEETING: Tuesday, February 18, 2014 at 7:00 p.m. in the Iredell County Government Center, 300 South Center Street, Statesville, NC.) VOTING: Ayes — 5; Nays — 0. Approval: 17 Clerk to the Board