HomeMy WebLinkAboutAugust 4 2015 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
PRE -AGENDA MINUTES
August 4, 2015
The Iredell County Board of Commissioners met in pre -agenda session on Tuesday, August
4, 2015, at 5:30 PM, in the Iredell County Government Center (South Wing Conference Room),
200 South Center Street, Statesville, NC.
Board Members Present
Chairman James B. Mallory III
Vice Chairman Marvin Norman
Tommy Bowles
Steve Johnson
Ken Robertson
Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County
Manager Beth Dirks, Finance Director Susan G. Robertson, Attorney Lisa Valdez, Public Safety
Director David Saleeby and Clerk to the Board Retha Gaither.
CALL TO ORDER: Chairman James Mallory called the meeting to order.
ADJUSTMENTS TO THE AGENDA: County Manager Ron Smith stated there were no
adjustments. However, there were two items tabled at the last meeting which are not on this agenda
because more information is forthcoming.
PUBLIC HEARINGS
Public Hearing to Consider a Request by Marvin Brotherton to Release Jurisdiction
to the Town of Mooresville: Planning Director Matthew Todd said they have received numerous
negative phone calls from concerned neighbors. He clarified the staff report regarding the traffic
impact. It lists 11,000 vehicles per day which has citizens disturbed. This number is the capacity
which is based on the width of pavement, number of driveway accesses, etc. and actually ranges
from 8,000 to 15,000. However, this is not a vehicle count. Mooresville will require a TIA (Traffic
Impact Analysis), if released. Williamson Road is scheduled to be widened in 2022 and the
intersection will be upgraded at that time. This property will be annexed by the Town of
Mooresville in July of 2016. There were many concerns about the number of homes and their
value. The Planning staff has recommended approval because it is inevitable that it will be
developed.
ADMINISTRATIVE MATTERS
Request from the Planning Division to Consider Calling for a Public Hearing in
Regard to a Request from Christ Community Church to Release Jurisdiction to the Town of
Mooresville: Planning Director Matthew Todd said this is adjacent to Mooresville's jurisdiction
with the purpose of building a church.
This item was placed on the consent agenda.
August 4, 2015
Request from the Public Library for Approval to Receive Grant Funds and Budget
Amendment #4: Julianne Moore stated a request was made in February for approval to apply for
a grant to establish the career and technology lab at the Troutman Library. Troutman Library will
partner with Goodwill Industries. Mitchell Community College has been added to the project to
provide classes for Library users who are unemployed, under -employed, returning to the work
force or lacking basic computer skills. Notification was received in June from the State Library
that the application for 2015/2016 was awarded in the amount of $10,420 with a $1,042 match that
will be provided by the Troutman Friends of the Library. The Library is requesting approval to
receive the grant funds and to approve budget amendment #4. Approval of this request will allow
the Library to meet the demands that is needed in the community, collaborating with other agencies
to provide much needed services, utilizing no county monies to fund the project and establishing
a pilot program. The pilot will be a model for the Library to seek grant funding for a system wide
career and technology lab to meet the needs of users in Statesville and Harmony.
Commissioner Ken Robertson asked if the Mooresville Library has engaged in this type of
effort.
Moore said Mooresville has some computer and resume classes plus they collaborate with
Mitchell Community College.
This item was placed on the consent agenda.
Request from Tax Administration to Present the Annual Settlement, Orders to
Collect, and Approval to Advertise Tax Liens: Tax Administrator Bill Furches presented the
2014 Tax Settlement. Out of the ten counties that touch Iredell, five counties had increased taxes
for 2015/2016. The average rate is 67.47¢. This request is to present the annual settlement, issue
orders for collection and permission to advertise tax liens from 2013/14 that remain unpaid.
2014 Tax Settlement
Real & Personal Levy
$95,220,245.57
MV — VTS
7,397,344.85
Add: Discoveries
479,549.05
Deduct: Releases
(199,352.37)
$102,897,787.10
Less Write-offs
9.52
Collections
101,433,967.58
2014 Outstanding Taxes $1,463,810.00
Collection Rates:
All Property 98.58%
Excluding Motor Vehicles 98.47%
Motor Vehicles 100.00%
Delinquent Taxes:
Collections $2,236,276
Delinquent Taxes Outstanding $4,473,829
2015 Taxes Collected $ 63,084
August 4, 2015
The Numbers
Collected $819,561 more in current Iredell County taxes than previous year—up .8%
Collected S2,115,044 more than was budgeted — 102.7% of original budget
Eleven year cumulative total $18.55million over budgeted revenues
Eleven year cumulative delinquent collections 523,454,464
Collected for all jurisdictions: 6-30-15 $161,613,690
Debt Setoff
For the fiscal years 2002-2015, Iredell ranked 401H in the state out of 472 units of government
participating with $2,699,000 collected. Iredell County did not participate in 2002 and 2003.
For all years, we rank 16"' among counties.
Foreclosures
As of this date, the collector's office has sent 650 properties to foreclosure. Most of these
properties have paid out. We have collected $3,366,604 in current and delinquent taxes.
STATE OF NORTII CAROLINA
( ORDER
COUNTY OFIREDELL
TO: THE SHERIFF OF THE COUNTY OF IREDELL
You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records
filed in the Office of the Tax Assessor and in the tax receipts herewith delivered to you, in the amounts and from the
taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the
respective taxpayers in the County of Iredell, and this order shall be a full and sufficient authority to direct, require
August 4, 2015
Tax Collection Actions
Vehicle Tags Blocked
1,041
Tax Statements
1,410
MV Third Notices
5,075
Debt Setoff
937 ($575,199)
Garnishments
923 ($1,010,214)
Credit Agency
1,650 ($185,627)
Payment Arrangements
40
Lien Holder Letters
131
Bank Attachments
321 ($1,236,376)
Tax Collection Problems
Bankruptcies 163 for $185,117
(259 for $309,568 FY2014)
Foreclosures filed 297 (Decrease from
833)
Collection Rates Last Nine Fiscal
Years
Fiscal Year Original Collection Rate
Current Collection Rate
2014
97.74%
99.15%
2013
97.06%
99.24%
2012
96.77%
99.33%
2011
96.81%
99.48%
2010
96.77%
99.55%
2009
96.89%
99.66%
2008
97.58%
99.66%
2007
96.80%
99.37%
2006
96.85%
99.64%
Average
97.03%
99.45%
Debt Setoff
For the fiscal years 2002-2015, Iredell ranked 401H in the state out of 472 units of government
participating with $2,699,000 collected. Iredell County did not participate in 2002 and 2003.
For all years, we rank 16"' among counties.
Foreclosures
As of this date, the collector's office has sent 650 properties to foreclosure. Most of these
properties have paid out. We have collected $3,366,604 in current and delinquent taxes.
STATE OF NORTII CAROLINA
( ORDER
COUNTY OFIREDELL
TO: THE SHERIFF OF THE COUNTY OF IREDELL
You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records
filed in the Office of the Tax Assessor and in the tax receipts herewith delivered to you, in the amounts and from the
taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the
respective taxpayers in the County of Iredell, and this order shall be a full and sufficient authority to direct, require
August 4, 2015
and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in
accordance with law.
Witness my hand and official seal, this the 4°i day of August, 2015.
IREDELL COUNTY BOARD OF COMMISSIONERS
STATE OF NORTH CAROLINA
( ORDER
COUNTY OF IREDELL
TO: THE TAX COLLECTOR OF THE COUNTY OF IREDELL
You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records
filed in the Office of the Tax Assessor and in the tax receipts herewith delivered to you, in the amounts and from the
taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the
respective taxpayers in the County of Iredell, and this order shall be a full and sufficient authority to direct, require
and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in
accordance with law.
Witness my hand and official seal, this the 4'' day of August, 2015.
IREDELL COUNTY BOARD OF COMMISSIONERS
This item was placed on the consent agenda.
Request from the Finance Department to Declare One K-9 Surplus and Adopt a
Resolution Allowing the Sell to the Handler: Purchasing & Contracts Manager Dean Lail stated
this request is regarding the retirement of a nine-year-old K-9 unit (Kodi) which is fully
depreciated. Because of his age and temperament he is not recommended for retraining to a new
handler. Mr. Brandon Johnson, former handler, recently resigned as a deputy but left in good
standing and therefore the Sheriff's Office highly recommends the sale of Kodi to Johnson for $1.
Johnson understands he is assuming all liability and expenses of the animal.
Commissioner Norman asked if there was a signed agreement.
Lail replied yes.
This item was placed on the consent agenda.
Request from the Board of Elections for Sole -Source Award of Purchase Contract to
Elections Systems & Software for Voting Equipment: Purchasing & Contracts Manager Dean
Lail stated this request is to update the balloting equipment in the Election's Office to be in
compliance with state regulations. However, the state must certify the equipment and there is only
one company that they will certify. The company is planning to take the old equipment as a trade
in.
Chairman Mallory asked if this replaces all current inventory.
Elections Director Becky Galliher said it only replaces the ballot tabulator.
August 4, 2015
Chairman Mallory asked the life of the machines.
Galliher said eight to ten years. The problem with the current devices is that they use
memory cards which are no longer manufactured. The computer software is not connected to the
intemet as it is a stand-alone program.
This item was placed on the consent agenda.
Request from the Department of Social Services for the Sole -Source Award of
Purchase Contract with Northwoods for Document Imaging Software: Purchasing &
Contracts Manager Dean Lail stated this is another sole -source request for DSS. In 2010 the Board
awarded a sole -source award for Northwoods Imaging System. The new project will add three new
modules to the system - Medicaid, Day Care and Work First software. Everything that is added to
this system must be fully integrated.
Vice Chairman Marvin Norman asked about potential issues.
DSS Director Yvette Smith said they have had this system for five years with no issues.
This item was placed on the consent agenda.
Request Approval of the Minutes from July 21 & 28, 2015: There were no corrections
to the minutes.
This item was placed on the consent agenda.
ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS
County Manager Ron Smith reviewed the announcements and stated the vacancy on the
DSS Board was due to a resignation. However, a letter of resignation has not been received. The
Board has discussed previously to add a Commissioner to the DSS Board and this is an opportunity
to do so. The DSS Board meets monthly on the second Tuesday at 1:00 PM.
Chairman Mallory volunteered to serve.
Chairman Mallory moved to go into Closed Session at 6:10 PM
The meeting was recessed until 7:00 PM.
IREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
August 4, 2015
The IredelI County Board of Commissioners met in regular session on Tuesday, August 4,
2015, at 7:00 PM, in the Iredell County Government Center (Commissioners' Meeting Room),
200 South Center Street, Statesville, NC.
Board Members Present
Chairman James B. Mallory III
August 4, 2015 5
Vice Chairman Marvin Norman
Tommy Bowles
Steve Johnson
Ken Robertson
Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County
Manager Beth Dirks, Finance Director Susan G. Robertson, Attorney Lisa Valdez, Public Safety
David Saleeby and Clerk to the Board Retha Gaither.
CALL TO ORDER by Chairman Mallory.
INVOCATION by Chairman Mallory.
PLEDGE OF ALLEGIANCE led by Chairman Mallory.
ADJUSTMENTS TO THE AGENDA: County Manager Ron Smith stated there were no
adjustments. However, there were two items tabled at the last meeting which are not on this agenda
because more information is forthcoming.
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
Chairman James Mallory expressed his appreciated to the Iredell County Cooperative
Extension Advisory Board for the "Report to the People" presented on Tuesday, July 28, at Rocky
Creek Dairy with owner/operator Dr. Ben Shelton. The report was very informative on all the
services Cooperative Extension provides to the citizens of Iredell County.
Chairman Mallory recognized Emergency Management Director David Martin and all
departments who participated in the McGuire Nuclear drill. It was an excellent exercise and very
impressive coordination in preparation should Iredell County face a potential terrorist attack.
APPOINTMENTS BEFORE THE BOARD
(None)
PUBLIC HEARINGS
Public Hearing to Consider an Economic Incentive for Project Jacket Presented by
Rob Carney, MSIEDC: Mooresville -South Iredell Economic Development Council Director Rob
Carney stated Project Jacket is Bodycote Thermal Processing. They are a world-wide leader in
thermal processing and operate in 26 countries with over 190 locations world-wide. The company
specializes in heat treatment, metal joining as well as other service technologies for the automotive,
aerospace, defense, and energy sectors. Bodycote has tentatively selected Mooresville as a new
location in the Talbert Business Park at 128 Speedway Boulevard. The company will invest $4
million in new machinery and equipment with ten full time employees initially. The average salary
will be $50,000 per year. The incentive requested for Bodycote is $77,600 over a five year period.
Chairman Mallory declared the public hearing open.
No one from the audience wished to speak
August 4, 2015
Chairman Mallory closed the public hearing.
OTIO by Commissioner Steve Johnson to grant $77,600 over a five year period based
on an investment of $4 million in Iredell County.
VOTING: Ayes — 5; Nays — 0
Public Hearing to Consider an Economic Incentive for Project Forsyth presented by
Rob Carney, MSIEDC: Mooresville -South Iredell Economic Development Council Director Rob
Carney stated Project Forsyth is a large supplier to the automotive industry. This is a family owned
company with multiple facilities in the United States. Project Forsyth has tentatively selected
Mooresville as its newest location. The company plans to locate in Mooresville Business Park East
which is the first project in the new park. They intend to purchase 18 '/z acres, with an option for
12 more, to develop a 97,000 sq. ft. manufacturing facility. For Phase I they will invest $30 million
for new machinery and equipment along with 115 new jobs paying an average wage of $40,000
per year. The incentive requested is $698,400 over a six year period.
Chairman Mallory declared the public hearing open.
No one from the audience wished to speak.
Chairman Mallory closed the public hearing.
OTION by Commissioner Ken Robertson to approve an economic incentive of $698,400
over a six year period based on the company's investment of $30 million in Iredell County and
contingent upon a contract being executed within 180 days.
VOTING: Ayes — 5; Nays — 0
Public Hearing to Consider a Request by Marvin Brotherton to Release Jurisdiction
to the Town of Mooresville: Planning Director Matthew Todd said the property owner has
petitioned to the City of Mooresville for annexation in July 2016. This request is for release of
zoning jurisdiction. The 36 acre property is on Ponderosa Circle off of Williamson Road. The
proposed use is a subdivision with approximately 70 homes which is 22 more than the County
allows.
Vice Chairman Marvin Norman asked how much space would be between the houses.
Todd said Mooresville's zoning will allow R-3 which is three units per acre.
Commissioner Tommy Bowles asked to clarify that this property is outside the Mooresville
Graded School District so therefore children will go the Iredell Statesville Schools.
Todd said that is correct.
Commissioner Bowles also asked to clarify that this release of ETJ means it could be
developed quicker.
August 4, 2015
Todd said yes. The annexation petition is already in the process so this parcel, not the
surrounding area, will be annexed by Mooresville. The release will allow the developer to begin
instead of waiting until July of next year.
Commissioner Steve Johnson clarified that if the request is granted, the property will be
annexed into Mooresville on June 30, 2016 and if the request is denied the property will be annexed
on June 30, 2016.
Todd said yes, that is correct.
Chairman Mallory asked about the small pieces of property left out of the subdivision tract.
Todd said he wasn't sure but the property owners may be able to answer that question.
Commissioner Johnson asked if the topo could prevent development in those small sections
and if Mooresville could involuntarily annex those sections that are not in the subdivision tract.
Todd said Mooresville cannot involuntarily annex those sections. The property owner must
request annexation.
Commissioner Bowles asked about the traffic impact of 11,000 vehicles.
Todd said that is capacity not traffic count. The DOT bases the capacity on the width of
the pavement, speed limit, and driveway connections. Almost any paved road will have an 8,000
to 15,000 range. If the property is released, Mooresville will require a traffic study.
Chairman Mallory declared the public hearing open.
The following citizens spoke against the request for release of ETJ: Michelle Kash of 196
Ponderosa; James Large, 204 Ponderosa; Allen Beatty of 296 Ponderosa; Robert Dowel of 126
Continental; Earl Gillon of 288 Ponderosa; Tony Reed, 374 Ponderosa; Gil Whitten, 378
Ponderosa. All of these citizens stated their concerns about the traffic impact, number of homes,
schools, water/sewer, aesthetics, property values, retention ponds, and buffers.
The following citizens spoke in favor of the request: Alan Howard and Duck Brotherton
who are heirs of the property in question. They said the property had been in the family and farmed
for many years. However, the land is no longer suitable for farming. They would like to sell the
land to developers but want to work with neighbors to resolve all of the issues.
A representative from the developer was present and stated the lots would be 70 feet wide
and the homes would be in the $300,000-$400,000 range with 2,400-3,000 square feet. However,
all of this is conceptual at this point. A traffic study is required and the results will be incorporated
into the design. Tonight's request is just the first step with other meetings in the future.
Commissioner Robertson expressed his understanding of the citizens' concern with the
traffic. He personally knows the difficulty and safety issues of traffic in that area. He feels citizens
don't want a traffic study they want a turn lane.
The developer said this is all premature at this time, but feels all of this would be revealed
at the formal proceedings of the entitlement of the project.
August 4, 2015
Commissioner Robertson said this intersection is a hazard and feels the Board should
leverage for the developer to add a turn lane.
Commissioner Johnson asked if the Board has the authority to implement a condition for a
turn lane.
County Attorney Bill Pope feels that may be a possibility but would like to research it
further
Commissioner Johnson stated that if the Board has some authority to release the property
based upon the contingency of a turn lane, then perhaps the Board should approve the release. The
Board will have no authority if approved or denied without stipulations. He is sensitive to the
property owner but feels some of the citizens have valid concerns about the traffic.
Commissioners Bowles asked to clarify a few points. First, this is conceptual but it is so
early in the process that all of the due diligence has not been completed. When the site plan is
designed and submitted then Mooresville will have the authority to implement regulations.
Citizens will have a chance to voice concerns at that time. Second, the fact about schools is that
Mooresville Graded School District is a finite district and does not expand with the city limits.
Children in this neighborhood will go to Iredell Statesville Schools. Third, retention ponds are
designed to capture the water and release it slowly. The water is already going downhill and the
retention pond is designed to hold it and let it out slowly. It the water overcomes the apparatus of
that retention pond, the water is going to flow downhill fast, but it would anyway whether a pond
is there or not.
Todd said the owners will have to go through the complete process with Mooresville before
anyone can begin construction of any kind.
Commissioner Johnson asked the developer to explain the plans going forwarded if
approved or denied.
Developer said he could not answer the question without talking to the leaders.
Commissioner Johnson asked if they would continue to develop the property either way.
Developer said it is a potential. He reiterated that this is very early in the process.
Commissioner Robertson expressed his concerns about traffic as he is familiar with the
area. No matter which way the Board votes someone will have negative consequences. if the Board
could impose a condition or if the developer would consider the neighbors and offer a solution to
the traffic issues then he would be willing to say yes. However, in short of that he doesn't feel it
is in his best interest or the citizens in the audience to vote yes. He is inclined to table this until
later or vote no.
Commissioner Bowles said what is being decided is a timeline with the fact being it is
going to be developed, there will be houses, and the traffic will probably get worse. if the Board
votes yes the project will be expedited and those 70 homes with children will be integrated into
August 4, 2015 9
the school system. If the Board votes no it buys a little time to continue building schools and be
ready for the growth. He is inclined to vote no.
Chairman Mallory said this is a frustrating position of trying to make decisions without all
the facts. He suggested tabling the matter for 60 days or the first meeting in October to give the
owners, Iredell County Planning, and Mooresville Planning time to work through all the issues.
Vice Chairman Norman stated to the developer that the necessary information had not been
revealed, that he really had not told the Board anything.
Commissioner Robertson said overall he feels it is in the best interest for the Town of
Mooresville to take this piece of property especially for water/sewer.
Commissioner Johnsons said he understands the desire to postpone the vote for 60 days,
but in reality there will not be a traffic study in 60 days. The only thing the Board can hope to gain
is whether or not they have the authority to impose a condition. Johnson doesn't feel the Board has
the authority to declare a moratorium unless there is a specific cause and actual control over the
remedy. In regards to schools, it doesn't matter if they go to MGSD or ISS, Iredell County still
pays for them. The density issue is a concern and the traffic is a concern. He feels the Board must
have more commitment, initially, of the developer's intentions before they can release jurisdiction.
MOTION by Commissioner Steve Johnson to deny this request.
Chairman Mallory closed the public hearing.
VOTING: Ayes — 5; Nays — 0
Chairman Mallory told the audience that the Town of Mooresville is in charge of their own
annexation process. The timeline for things to move forward is up to the Town of Mooresville.
Public Hearing to Consider a Request from Recil H. Wright to Rezone 5.02 Acres
from RA to GB: Planning Division Director Matthew Todd stated that staff is in support of this
request and the property is adjacent to 1-77 at Exit 42. It is also adjacent to existing commercial
and a traffic impact should not exceed the road capacity.
Chairman Mallory declared the public hearing open.
No one from the audience wished to speak.
Chainnan Mallory closed the public hearing.
OTION by Commissioner Robertson 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 and furthers the goals of the
2030 Horizon Plan because it is in harmony with the surrounding area, adjacent to commercially
zoned property and should not exceed existing road capacity.
VOTING: Ayes — 5; Nays — 0
August 4, 2015 10
County Manager Ron Smith stated the following items were placed on the consent agenda
at the 5:30 pre -agenda session:
• Request from the Planning Division to consider calling for a public hearing on September
1, in regard to a request from Christ Community Church to release jurisdiction to the Town
of Mooresville.
• Request from the Public Library for approval to receive grant funds and BA #4.
• Request from Tax Administration to present the annual settlement, orders to collect, and
approval to advertise tax liens.
• Request from the Finance Department to declare one K-9 surplus and adopt a resolution
allowing the sale to the handler.
• Request from Board of Elections for sole -source award of purchase contract to Elections
Systems & Software for voting equipment.
• Request from DSS for sole -source award of purchase contract with Northwoods for
document imaging software.
• Request for approval of the July 21 & 28, 2015 minutes.
MOTIO by Commissioner Ken Robertson to adopt the consent agenda.
VOTING: Ayes — 5; Nays — 0
ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS
Farmland Preservation Advisory Board (2 Announcements)
Adult Care Home Community Advisory Committee (3 Announcements)
Animal Grievance Committee (1 Announcement)
Department of Social Services Board (1 Announcement)
APPOINTMENTS TO BOARD AND COMMISSIONS
(None)
UNFINISHED BUSINESS
(None)
PUBLIC COMMENTS
(None)
NEW BUSINESS
(None)
County Manager Ron Smith gave a reminder of the annual Iredell County Employee &
Retiree Ceremony on Friday, August 7, 2015, 8:00 AM, at the Iredell County Agriculture Center.
August 4, 2015 11
Smith reported that 105,735 tax bills will be mailed this week. Once these bills go out the
tax office phones will be slammed. He asked the public to be patient and just keep trying.
Smith reported the Town of Mooresville named the connector road as "Connector Road."
Smith asked the Board to check their schedules for convenient dates for the fall retreat.
Potential dates are October 9 or 23 or November 6.
Chairman Mallory recessed the meeting into Closed Session at 8:38 PM
CLOSED SESSIONS
The Board returned to open session at 9:50 PM.
ADJOURNMENT
OT10N by Commissioner Johnson to adjourn. The next meeting is scheduled for
August 18, 2015, 5:30 PM, South Wing Conference Room, Government Center, 200 South
Center Street, Statesville, NC.
VOTING: Ayes — 5; Nays — 0
Date Approved
Retha C. Gaither, Clerk
August 4, 2015 12