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HomeMy WebLinkAboutOctober_6_2015_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS PRE -AGENDA MINUTES October 6, 2015 The Iredell County Board of Commissioners met in pre -agenda session on Tuesday, October 6, 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 Jones, Finance Director Susan G. Robertson, Attorney Lisa Valdez, Public Safety Director David Saleeby, Assistant to the Manager Ben Stikeleather, 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 made the following adjustments: Add: Appointment Before the Board Ms. Patty West, Fifth Street Ministries, requesting adoption of a proclamation to declare October as Domestic Violence Awareness Month. Mayor Charles Saunders, Love Valley, requesting assistance with sewer issues in the Town of Love Valley. Closed Session Attorney Client G.S. 143-318.11 (a) (3) Economic Development G. S. 143-318.11 (a) (4) APPOINTMENTS BEFORE THE BOARD Proclamation for Domestic Violence Awareness Month: Ms. Patty West, Fifth Street Ministries, stated several years ago they developed a domestic violence task force and there has been a consertive effort to address the issue through many facets of the community, law enforcement, judicial service agencies, and the faith community. The Town of Mooresville, the City of Statesville and the Town of Harmony have signed the proclamation and she is requesting the support of the County Board of Commissioners. October 6, 2015 Chairman Mallory stated the task force has proven to be very effective in terms of coordinating and touching many agencies. MOTION by Commissioner Ken Robertson to approve this proclamation. VOTING: Ayes — 5; Nays — 0 Harmony, Mooresville, Statesville, Troutman, County of Iredell State of North Carolina Domestic Violence Awareness Month Proclamation Over the last 30 years, the response to domestic violence has greatly improved. What was too often been seen as a private matter is now an issue of national concern. Laws have changed, awareness has been created, and support services for survivors have improved. However, more must be done to provide protection, increased services, and justice for survivors, and to provide prevention education. Although significant progress has been made in reducing domestic violence, raising consciousness and holding perpetrators accountable, it is estimated that one in three women in our county still suffer serious physical violence at the hands of an intimate partner at least once during their lifetimes. Every day three women lose their lives as a result of domestic violence, and millions live daily in silent fear in their own homes. Domestic violence affects every member of the family, including children. Statistics show that more than 3 million children witness domestic violence in their home each year. Iredell County and its respective municipalities have united to address the issue of domestic violence. The Domestic Violence Task Force of Iredell County brings together a multidiscipline, coordinated community collaborative of more than fifty organizations and stakeholders for the purpose of increasing awareness of domestic violence, improving the efficiency and coordination of domestic violence response, increasing the safety and resolve of victims and improving their access to related services, increasing offender accountability and reducing recidivism, and reducing the exposure of children to domestic violence. Agencies such as My Sister's House and Stop Child Abuse Now (SCAN) provide shelter, counseling, victim advocacy, parenting, and other necessary services to provide safety, education, and treatment that is conducive to breaking the cycle of violence. Domestic Violence Awareness Month provides an excellent opportunity for citizens to learn more about preventing domestic violence and to show support for the numerous organizations and individuals who provide critical advocacy, services and assistance to victims. THEREFORE, we, as leaders of Harmony, Mooresville, Statesville, and the County of Iredelt, pledge the support of our governing bodies to do a better job of educating, connecting and inspiring this community to end domestic violence in Iredell County. Not only do we proclaim October 2015 as Domestic Violence Awareness Month, we also urge all citizens to join us in working together every day throughout the year. Miles Atkins, Mayor of Mooresville Constantine H. Kutteh, Mayor of Statesville Elbert Richardson, Mayor of Troutman Joyce Rogers, Mayor of I-larmony James B. Mallory 1I1, Chairman, Iredell County Board of Commissioners Love Valley Sewer: Mayor Charles Saunders reported issues with the Love Valley sewer system. They have received notices of violation from the state and county. The sewer is presently emptying into a pond. He is seeking assistance to find a solution for this dilemma. October 6, 2015 Representative Rena Turner reported that she has been in contact with several individuals and agencies seeking assistance for this problem. The Town of Love Valley has very little funding available and is requesting help from the County with expenses to cover a study and the design of an appropriate system. They are asking for a $50,000 loan, with a lower interest rate than from a bank. She believes Love Valley is an economic asset to the County and is worth saving. There is potential funding later but they need the initial design. Kathy Chinette, of Love Valley, said they have been researching solutions since 2011. There may be grants through the USDA but federal funding is unsteady and not available at the moment. The issue can't wait and therefore they are reaching out for other options. Commissioner Ken Robertson asked to clarify there really isn't a sewer system but just a drain. He asked if anyone in the town is billed for sewer. Mayor Saunders said there are a couple of tanks in the ground but there are no sewer lines connected to the tanks. Chinette said they began a billing process in 2012 in order to apply for a Clean Water Grant that was available at that time. However, they revamped several of those programs which are now unattainable. Grants were available for the implementation or repairs but no planning grants. Commissioner Robertson asked how many businesses are on this drain. Chinette said there are 12. This is a unique situation because it is not just the businesses. There are full-time and part-time residents. The violations are on the immediate town property but it will need to accommodate the residents/campers as well. Commissioner Robertson asked to clarify that if the study is paid and completed then is the Town going to build it. It will be very costly to build, operate, and insure. Commissioner Johnson asked if the $50,000 request was firm and if requests for proposals had been issued. Chinette said RFPs are being drafted. Commissioner Bowles asked the timeframe of the violation notice. Chinette said they must respond by October 23. If progress is being made the State and the County will be willing to work with the Town to move forward. A temporary solution will be mandated by the State and County which may need funding as well. Commissioner Johnson stated he would feel better if he knew for sure that $50,000 is the actual amount. Chinette said the USDA grant is a maximum of $30,000 for the engineering study with an extensive outline that must be followed. Turner said $50,000 is the estimated maximum stated by the Treasurer's Office. October 6, 2015 Chairman Mallory said the total build and operating cost may be too costly. He would like to understand the full range of options available before making any decisions. Commissioner Robertson stated he doesn't want see the businesses fail because they can't pay to connect to the sewer and then there would be a system without any customers. The monthly fee will be substantial. County Manager Ron Smith said Environmental Health is the enforcer which is an arm of the County. Therefore, the State is uncomfortable with the County funding a solution to a problem that is being cited by the County. The Board can't ask Environmental Health to `gay -off' or "push" this because it is a firm state rule. Also, if the Board funds anything it must be a loan. Commissioner Robertson asked if the money would be paid back. Chinette said yes, it would be repaid. Chairman Mallory said the Town's business plan needs to be altered. Visitors/participants coming to events need to pay. Chinette said this has been discussed but there are challenges because of independent owners. Commissioner Robertson said the Board must be careful not to set a precedence that can't be offered to others. Chinette said the former Mayor Andy Barker had a 501C2 for the arena area which will generate revenue. Turner said there hasn't been a focused effort in the past but Love Valley is committed to correcting this issue. Chairman Mallory said everyone needs to be on the same page. Residents and business owners need to contribute financially. Turner reminded the Board of the deadline of October 23. Chainuan Mallory said the deadline is noted, but as long as progress is being made the agencies will work with the Town. He would like to have more facts before making a determination. He asked that Vice Chairman Marvin Norman and Commissioner Steve Johnson meet with the Town reps to discuss options to a solution. Vice Chairman Norman asked if there is a business plan. Chinette said not at the moment. Commissioner Johnson said he would be glad to meet with them but needs some information gathered before the meeting, as follows: 1) Know for sure if $50,000 will do the job; 2) research potential revenue streams for the Town, bearing in mind weather will impact events. There will be two revenue streams — fixed and variable. If an assessment is placed on the property owners it will be considered a fixed revenue stream and an event will be a variable revenue stream October 6, 2015 4 which will need to be conservative. 3) Rena Turner was asked to research deeper for grants; and 4) that residents are in agreement to pay a tap on fee. Commissioner Robertson said the Belk School of Business is located at UNCC and there's a masters' business program at Wake Forest which require students to complete projects. There are other schools as well but they are always looking for real life projects and may be able to assist in the business plan. He suggested the Town of Love Valley research this. Commissioner Johnson asked Chinette to work on the items he mentioned and contact Clerk to the Board Retha Gaither for an available date to discuss this further with Norman and Johnson. He asked that the Town Clerk take and maintain minutes from all meetings and forward copies to Environmental Health in order for them to monitor the progress. He asked County Manager Ron Smith to obtain copies of plats and/or maps of the subject area. ADMINISTRATIVE MATTERS Request from the Finance Department for Sole -Source Award of a Purchase Contract with Alliance AutoGas/Blossman Propane for the PRINS VSI Bi -fuel System: Purchasing and Contracts Manager Dean Lail said this is a sole -source award for a two year purchase contract with Alliance AutoGas. In 2010 the Board awarded the purchase of several as a test, which was successful. Since that time several vehicles have been converted with two vehicle refueling stations in the County. The Sheriff's Office desires to convert 13 more systems for the current model Tahoes. It is required that the Board approve this award. This item was placed on the consent agenda. Request from the Finance Department to Approve a Waiver of Bidding for Immediate Purchase of 15 Power Pro XT Stretchers from Stryker: Purchasing and Contracts Manager Dean Lail said this request is for a waiver of bidding for a contract already awarded by another Board in the United States. This is called a piggy -back exception. This contract is for 15 stretchers from the Stryker Corporation with a one-year price hold agreement. EMS needs to replace 15 stretchers for a newer and more stable model. Staff compared several different makes/models. Staff decided the Stryker Power Pro XT is the most stable and easiest to use. This item was placed on the consent agenda. Request from the Finance Department for Approval of and Signature on an Agreement with UniFirst for Rental of Uniforms for Solid Waste Personnel: Purchasing and Contracts Manager Dean Lail said this request is to approve a three year contract for uniforms for the Solid Waste Department which will save some money. This agreement will be for three years with an auto renewal. This item was placed on the consent agenda. Request from Iredell Statesville Schools to Approve BA #13 to Appropriate Fund Balance for School Capital Funds not Expanded in FY 2014-2015: Finance Director Susan Robertson said this request is to approve budget amendment #13 to appropriate fund balances reserved for school capital. This is unspent funds during FYI 5. October 6, 2015 5 This item was placed on the consent agenda. BA#13 To appropriate capital funds not expended by the Iredell Statesville School system 10/6/2015 in the 2014-2015 fiscal year to the 2015-2016 budget. Account # Current Budget Chane Amended Budget 104880 499500 Fund Balance Appropriated (500,000) (593,164) (1,093,164) 105700560002 Iredell-Statesville - Capital 4,524,320 593,164 5,117,484 Request from Iredell Statesville Schools for Advance of $500,000 FY17 Capital Funds: Finance Director Susan Robertson said ISS has requested an advance of $500,000 from FYI 7 capital funds. Robertson said this year's budget has $600,000 appropriated that is reserved for the tech fund. Robertson suggested the advance come from the $600,000 and then in FYI appropriations, set aside $1.2 million of capital funds to add to the amount already set aside to total the $1.8 million for technology. ISS wants to purchase land in Troutman. This item was placed on the consent agenda. Request from the Finance Department to Approve BA #14 to Appropriate Fees Incurred by the State for Motor Vehicle Collections: Finance Director Susan Robertson said auditors have recommended a change in accounting and recording of motor vehicle taxes. Currently the net amount has been recorded and the auditors want the gross amount, recorded with the fee that the State withholds, shown as an expenditure. This budget amendment will correct FY16. This item was placed on the consent agenda. BA#14 To appropriate fees incurred by the State for the collection of motor vehicle taxes and to t0/6/2015 record our taxes collected at gross, not net, amounts. Account # Current Budget Chane Amended Budget 104010 430100 GF - Ad Valorem Taxes (110,332,160) (300,000) (110,632,160) 204010 430100 County Wide - Ad Valorem Taxes (5,241,425) (20,000) (5,261,425) 224010 430100 East Alex - Ad Valorem Taxes (101,045) (500) (101,545) 234010 430100 Mt. Mourne - Ad Valorem Taxes (721,085) (2,000) (723,085) 244010 430100 Shepherds - Ad Valorem Taxes (965,895) (3,500) (969,395) 254010 430100 Troutman - Ad Valorem Taxes (1,285,915) (4,000) (1,289,915) 105480 537710 GF - VTS Fees 300,000 300,000 205525 537710 County Wide - VTS Fees 20,000 20,000 225525 537710 Fast Alex - VTS Fees 500 500 235525 537710 Mt Mourne - VTS Fees 2,000 2,000 245525 537710 Shepherds - VTS Fees 3,500 3,500 255525 537710 Troutman - VTS Fees 4,000 4,000 Request from ICATS to Call for a Public Hearing to Consider an FTA 5310 (Elderly and Disabled) Grant: ICATS Director Ben Stikeleather said this is to call for a public hearing on October 20 to consider grants from the State. October 6, 2015 6 This item was placed on the consent agenda. Request from ICATS to Call for a Public Hearing to Consider an FTA 5311 (Administrative and Capital) Grant: ICATS Director Ben Stikeleather said this is to call for a public hearing on October 20 to consider grants from the State. This item was placed on the consent agenda. Request for Approval of the September 15, 2015 Minutes: There were no corrections to the minutes. This item was placed on the consent agenda. Chairman Mallory recessed the meeting until 7:00 PM IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES October 6, 2015 The Iredell County Board of Commissioners met in regular session on Tuesday, October 6, 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 Vice Chairman Marvin Norman Tommy Bowles Steve Johnson Ken Robertson Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County Manager Beth Jones, Finance Director Susan G. Robertson, Attorney Lisa Valdez, Assistant to the Manager Ben Stikeleather, Public Safety Director David Saleeby, and Clerk to the Board Retha Gaither. CALL TO ORDER by Chairman Mallory. INVOCATION: Chairman James Mallory asked everyone to bow their heads for a moment of silence. Members of the audience prayed the Lord's Prayer aloud on their own accord. PLEDGE OF ALLEGIANCE led by Chairman Mallory. ADJUSTMENTS TO THE AGENDA: County Manager Ron Smith made the following adjustments: W91 Appointments Before the Board October 6, 2015 Ms. Patty West, Fifth Street Ministries, requesting adoption of a proclamation to declare October as Domestic Violence Awareness Month. Mayor Charles Saunders, Love Valley, requesting assistance with sewer issues in the Town of Love Valley. Closed Session Attorney Client G.S. 143-318.11 (a) (3) Economic Development G.S. 143-318.11 (a) (4) PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS (None) APPOINTMENTS BEFORE THE BOARD The two appointments added were addressed during the pre -agenda session at 5:30 PM. PUBLIC HEARINGS Public Hearing to Consider a Request from Thomas Gerald Boan to Rezone 9.88 Acres on Carpet Road: Planning Director Matthew Todd said this property is at an intersection with I-40. It is 9.88 acres currently zoned Highway Business. The owner needs to increase the intensity of the general business to allow for certain uses. It matches the land use plan which staff does support. The traffic should not be increased. It does match the surrounding area. Chairman Mallory opened the public hearing. William Ketchie expressed his opposition to the rezoning. The community has been quiet and trouble free for the past 40 years and he stressed his concerns of potential increases in crimes such as thief. Randall Ketchie, 105 No Branch Lane, was in support of his father's (William) comments. Thomas Gerald Boan stated his business has tried to maintain a good relationship with the neighbors and plans to continue. The change in zoning is to accommodate the auction. There have been no complaints or problems. Chairman Mallory closed the public hearing. MOTION by Commissioner Steve Johnson 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 October 6, 2015 IREDELL COUNTY DEVELOPMENT SERVICES";��I� PLANNING DIVISION PLANNING STAFF REPORT REZONING CASE # 1509-2 STAFF PROJECT CONTACT: Jake Lowman EXPLANATION OF THE REQUEST This is a request to rezone 9.88 acres on Carpet Road in Statesville from HB, Highway Business to GB, General 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 OWNERS: Thomas Gerald Bean ETAL APPLICANTS: Thomas Gerald Boan PROPERTY INFORMATION LOCATION: 115 Carpet Rd; more specifically identified as PIN 4797361344.000. DIRECTIONS:I-40 East Exit 162; Left on Hwy 64; Left on Battle Road; Left on Carpet Road. SURROUNDING LAND USE: The Highway Business property to the north of the main tract is for a telecommunications tower; the land to the south is solely interstate right of way; the property to the east is for residential use; all other tracts are vacant. SIZE: The total size of the property is approximately 9.88 acres. EXISTING LAND USE: There was a carpet retail and install business on the property. Now the buildings are leased to individual tenants. There is currently an emergency equipment retail and install business in one of the leased buildings. ZONING HISTORY: This property has been zoned HB since countywide zoning. OTHER JURISDICTIONAL INFORMATION: The property is not located in another jurisdiction's long range plan. OTHER SITE CHARACTERISTICS: This property is located in the Cooleemee WS -IV Watershed Protected Area. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest traffic count was on Mocksville Highway near the Interstate 40 interchange and had a 2012 count of 2,500 vehicle trips per day. The capacity for this section of Mocksville Highway is approximately 13,800 vehicles per day. SCHOOLS: This is a commercial rezoning, therefore there should be no implications on local schools. October 6, 2015 FIRE MARSHAL: This proposal has been reviewed by the Fire Marshal. They may need to address a few changes in each building and will speak with the occupant about such changes. EMS: This proposal has been reviewed by the EMS Department. They have no issues with the proposal. UTILITIES: The site is currently served by well and septic. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant will need to provide a site plan to the Planning Department for review for non-residential development or a change of use of the property. Zoning requirements such as parking, landscaping and buffering would be reviewed at such time. 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: This area was designated as highway business at the time of county wide zoning. The 2030 Horizon Plan projects this area as Highway Interchange Commercial. These areas include existing or future commercial, retail, and service uses located proximate to interstate interchanges on major arterial roadways. The intent of these lands is to provide for high intensity uses related to travel. Traditional strip commercial development is discouraged within these areas. Instead, developments should be designed to provide greater connectivity within and to adjacent developments, pedestrian access should be a priority, and landscaping, signage, and building design and orientation should be consistent within individual developments. The use of service roads and access management best practices are encouraged within these areas. Natural buffers should be provided between developments and interstates to maintain to improve the visual experience from the roadway and reduce the impacts of roadway noise. Uses within this area generally should include gas stations, hotel/motels, restaurants, and other highway travel related businesses. Secondary uses may include retail, office developments, and higher -density residential uses. The proposed GB district fits into this designation. The Planning staff can support the proposed rezoning request based on the following: The 2030 Horizon Plan calls for this area to be highway interchange commercial. The property has been zoned highway business since county wide zoning and the site will be surrounded by Highway Business. Potential traffic impacts should not exceed road capacity. SITE REVIEW COMMITTEE: David Aman and Joe Hudson visited the site with staff on August 19, 2015. PLANNING BOARD ACTION: On September 2, 2015 the Iredett County Planning Board held a public meeting to hear the rezoning request. No one spoke against the rezoning, and the applicant was the only citizen in attendance at the meeting. The Planning Board voted 8-0 to recommend approval of the request with the following motion: Motion to recommend in favor of the zoning map amendment and to make alluding 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. Public Hearing to Consider a Request from Venture Properties VH, LLC to Rezone 1.79 Acres on Charlotte Highway in Mooresville: Planning Director Matthew Todd said this request is to rezone a property on Charlotte Highway from RA to Neighborhood Business. Staff supports this request based on the following: the future land use designation of medium density does allow for small scale commercial, the property is adjacent to Shepherds Fire Department, the October 6, 2015 10 site is near existing highway business commercial zoning, and the potential traffic impact should not exceed the road capacity. Chairman Mallory opened the public hearing. Ronnie Walsh, applicant and developer, stated the request is for retail zoning which is consistent with the 2030 Horizon Plan. This will create jobs and increase the tax base. Chairman Mallory closed the public hearing. OT10N by Commissioner Ken 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 neighborhood scale commercial is allowed in the land use designation, it is in the vicinity of commercially zoned property and should not exceed road capacity. VOTING: Ayes — 4; Nays — 0 IREDELL COUNTY DEVELOPMENT SERVICES PLANNING DIVISION PLANNING STAFF REPORT REZONING CASE # 1509-1 STAFF PROJECT CONTACT: Jake Lowman EXPLANATION OF THE REQUEST This is a request to rezone 1.76 acres on Charlotte Highway from RA, Residential Agricultural 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 OWNERS: Jacquelyn Overcash, Overcash Properties Limited Partnership APPLICANTS: Ronnie Walsh, Venture Properties VII, LLC PROPERTY INFORMATION LOCATION: Charlotte Highway; more specifically identified as PIN 4658668644.000. DIRECTIONS: U.S. 21 S; Keep right at 115/21 split; Subject property is next to Shepherds Fire Station. SURROUNDING LAND USE: This tract adjoins Shepherds Fire Station. Other surrounding land uses are residential in nature or vacant. There is a gas station diagonally across Highway 21. SIZE: The total size of the property is approximately 1.76 acres. EXISTING LAND USE: The property has been vacant for a number of years October 6, 2015 11 ZONING HISTORY: This property has been zoned RA since countywide zoning OTHER JURISDICTIONAL INFORMATION: The property is located in Mooresville's long range plan. Mooresville's planning department did voice concern of this area being stripped out commercially. OTHER SITE CHARACTERISTICS: Only a small portion of this property is located in the Catawba/Lake Norman WS -IV Protected Area. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest traffic count was on Charlotte Highway just in front of this property and had a 2012 count of 12,000 vehicle trips per day. The capacity for this section of Charlotte Highway is approximately 13,800 vehicles per day. SCHOOLS: This is a commercial rezoning, therefore there should be no implications on local schools. FIRE MARSHAL: The Fire Marshal's office voiced no concerns with this rezoning. EMS: This proposal has been reviewed by the EMS Department. They have no issues with the proposal. UTILITIES: To the best of staffs knowledge, the site will be served by well and septic, but there is water in the area. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant will need to provide a site plan to the Planning Department for review for non-residential development or a change of use of the property. Zoning requirements such as parking, landscaping and buffering would be reviewed at such time. 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 Medium -Density Residential which includes areas and land that is either currently developed or slated for future development at medium densities. These areas are within the Iredell County Urban Services Areas and may be serviced by and incorporated into one of the municipalities at some point in the future. These lands are either currently served or will be served in the future by public or private water or sanitary sewer systems. The intent of these lands is that they provide more dense development opportunities and a broader range of housing choices than low density residential. Medium -Density Residential also allows for small scale neighborhood commercial. The Planning staff can support the proposed rezoning request based on the following: The 2030 Horizon Plan calls for this area to be medium density residential, which allows for small scale commercial. The subject property is located adjacent to Shepherds Fire Department, which makes the site less desirable for residential development and use. The site is near existing highway business commercial and the traffic impacts should not exceed existing road capacity. SITE REVIEW COMMITTEE: David Aman, Mark Davis, and Joe Hudson visited the site with staff on August 19, 2015. PLANNING BOARD ACTION: On September 2, 2015 the Iredell County Planning Board held a public meeting to hear the rezoning request. There were citizens in attendance that were in favor of the rezoning, and no one spoke against the rezoning. The only concerns voiced were in relation to traffic impacts. The Planning Board voted 7-0 to recommend approval of the request with the following motion: October 6, 2015 12 Motion to recommend in favor of the zoning map amendment and to make alluding 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 neighborhood scale commercial is allowed in the land use designation, it is in the vicinity q/ commercially zoned property and .should not exceed existing road capacity. Public Hearing to Consider Changes to the Animal Control Ordinance: Animal Services Director Brad Gates explained the final draft of changes to the Animal Control ordinance. The reason for the changes is due to state law, errors in the current text, input from the public on August 25, feedback from officers and shelter staff, changes in priority from the public, and from the NC Department of Public Health. It is not the intent of the ordinance to further regulate farmers or ranchers. The ordinance is directed mostly to pet ownership. It is designed to be community minded and most of the items addressed can be found in the state law. However, the state law carries with it convictions of misdemeanor and felony for infractions. Having these ordinances co- exists allows Animal Control to act as code enforcement and not law enforcement. This keeps citizens and officers out of already congested court rooms and keeps down the need to employ more officers which in turn saves the tax payers' money. The state law will continue to be followed for egregious cases. Animal Services talked with specialist veterinarians, representatives from the hunting dog organizations, rescue organizations, state and local public health officials, horse and other livestock owners and concerned members of the public. The final draft presented was written to better suit the needs of the community while still maintaining the needs of public health and safety along with upholding the state laws. This document allows current owners of exotic animals and hybrid animals a path to keep their pets, it allows hunters and farmers to keep on with what works best for them and their animal, it addresses the changes in the law, and it still addresses the concerns for public health and safety. The term companion has been stricken from the text and defines a household pet which means any animal kept primarily for pleasure rather than utility including, but not limited to, all domestic dogs, domestic cats, ferrets, and hybrid dogs and cats as permitted in 3-8A. The exception to household pets are dogs bred and kept for specific purposes of working and hunting including those dogs kept by the owners of bona fide farms and those licensed as service dogs. The definition of tethering has been further modified to mean an unattended household pet restrained by a chain, lease, or similar device. The wild and exotic portion includes dog hybrids with wolves and coyotes and cat hybrids which are a cross between domestic cats and North African cats. The definition for constricting retiles maximum length was redefined to ten feet with some exceptions. There are some restrictions to primates as well. The current owners of all of these animals have a path set aside for them to continue to own. There was a lot of discussion on surgical procedures and it was reiterated that farm animals and dogs owned by hunters and bona fide farms are excluded. He continued to explain several other changes. Commissioner Steve Johnson expressed his appreciation and congratulations to Brad Gates for the cooperativeness and hard work done on this ordinance. He feels the intent was to do what is best for the citizens of Iredell County. Also, expressed appreciation for the job he has done since taking the position of Animal Control Director. Phone calls has decreased greatly. He asked to clarify that the intent was to create an educational process through the ordinance. If that didn't work then they would pay a county fine, in an effort to insulate citizen from having a court record. If the ordinance is amended to the extent that a group of people or pet owners is excluded then, to some degree, that insulation is removed. October 6, 2015 13 Gates said that is correct and relies a great deal on the intent of the department. Commissioner Tommy Bowles clarified that the changes of this ordinance and House Bill 553 happened simultaneously. The state has stated in HB553 that the county nor municipality can create an ordinance that will regulate farm animals. As this ordinance presently states that if a dog lives on a farm it is considered part of the farm. Gates said that HB553 does not include dogs but it is his interpretation of the intent of that bill to include dogs. Commissioner Bowles believes there are a few items that still need some clarification but feels this particular ordinance has been modified to a point that it still gives Animal Control the authority to deal with people who are being cruel and abusing animals but doesn't limit the rights of those with farm dogs, training dogs, and hunting dogs. He asked if there was a case of abuse, would animal control step in or would they call the Sheriffs office. Gates said their first intent is to educate and let the person know the behavior is not lawful. There may be a warning citation. Commissioner Ken Robertson asked to clarify that this ordinance does not regulate housing, feed, or animal health issues in vaccinations and/or treatment for pigs, chickens, cows, sheep, goats, and other animals that people buy, sell, and eventually eat. Gates said that is correct. Commissioner Robertson stated that Animal Services previously had officers patrolling the county looking for violations and asked if the current officers do the same thing. Gates said they still patrol the county in as much as they need to be in an area. They do not drive aimlessly around the county. Their goal is to be educational. Officers will not be carrying a measuring tape or scales. Again, if there is a clear cut violation, the officer's first intent will be to educate the owner. Commissioner Robertson asked about "checks and balances" to maintain the integrity of the ordinance, that future directors would not abuse their power. Smith confirmed should anyone in the future try to abuse their power that citizens would make it known to the County Manager and the Board. It would not go unnoticed or not reported. Commissioner Robertson asked why there were specifics in the ordinance such as the weight and length of the chain. Gates said the first response is education but having the specifics would ensure enforcement in extreme cases. Chairman Mallory suggested to include the operators of bona fide farms and not just the owners of bona fide farms. Gates said the definition of bona fide farms is taken from the general statutes in tax exemptions, building code exemptions, etc. October 6, 2015 14 Chairman Mallory stated this ordinance is not written in stone and can still be amended. He asked if the general goal is to eliminate hybrids. That when the current hybrids, that are grandfathered, eventually die out that there will be no more hybrids. Gates said that is correct for private ownership which is based on recommendations from the State in their guides for rabies control and infectious disease control. Puppy mills are a large concern because they are very difficult to regulate. Most instances involving puppy mills would be addressed under state statute rather than the local ordinance. Chairman Mallory asked about violations and the appellate board. Gates said the appellate board would hear cases concerning dangerous dogs, potentially dangerous dogs and public nuisance dogs. If an officer deems that a dog/animal fits this criteria and the owner disagrees then the appellate board (citizens appointed by the Commissioners) hear the presentations from the officer and the citizen. The appellate board's decision is final in those cases. Chairman Mallory opened the public hearing. Citizens that spoke: Patrice Reynolds, ex -director of Friends of Animals, spoke in favor of the changes in the ordinance but disagrees with tethering, that it is unacceptable for any animal, and is inhumane. Robin Brock, Veterinarian of Iredell, spoke concerning the primate band in the ordinance. She sees them routinely in her practice and feels 25-30 pounds is a reasonable weight limit. There has been misinformation and over reaction to issues of zoonotic diseases in non -human primates. They can be transmitted between primates to humans but it is fairly limited. Herpes B can be transmitted by Macaques but the ordinance prohibits this animal as a pet, however, this disease is tested routinely. Small primates do not pose a significant risk to bodily harm nor do they pose a risk to public health or zoonotic diseases. Norman Hensley, of Statesville, owns a Reese's Macaque monkey named George. He researched laws when he purchased the monkey but is very upset that the ordinance is now banning ownership of this animal. Gates said he did not know of any other Macaques in Iredell County but it was on the recommendation of the State Public Health Veterinarian to exclude that particular breed from being grandfathered. Beth Harwell, of Mooresville, spoke in support of the proposed changes in the animal ordinance and urged the Board to vote for this ordinance. Fred Lowry, of Statesville, was opposed to the ordinance as it was written but worked with Mr. Gates on some of the changes. He is in support of the ownership of the monkey. He feels some things need to be more stringent and some things less than stringent. In general, the ordinance has greatly improved. October 6, 2015 15 Richard Renegar, of Harmony, feels there is room for more common sense to be interjected into the ordinance. He would like the Board to review it again. He is not supporting it yet but feels it is moving in the right direction. Damon Cook, of Statesville, was concerned about livestock and appreciates that exemption however, feels there are a few points that still need amendments. James Ladd, of Harmony, expressed concerns on animal cruelty because they have been battling the State, USDA, and FDA on regulating animal feeds. He complained of too much sulfur manufactured in the animal feed and it is killing his livestock. Commissioner Tommy Bowles said the animal control ordinance cannot address those issues, but would have to be reviewed and changes made in the industry standards. Pat Wagner, of Statesville, is in support of the changes in the ordinance especially with providing adequate shelter for pets. Andrew Pendleton, of Statesville, feels the ordinance should be stronger for people who do not take care of their pets by allowing them to run loose. John Stafford, of Statesville, spoke not for the animal ordinance but voiced his complaint about the demolition of the Old Davis Hospital and the dangers of airborne ACM dust. Commissioner Robertson reminded Mr. Stafford this is a public hearing on the animal control ordinance. Chairman Mallory said they are continuing to work with inspections and the State to ensure all regulations are being followed at the Old Davis Hospital site. Keith Loudermilt, of Statesville, feels there needs to be more changes. He feels changes should be specific, relevant, in line with state statutes, and enforceable. He feels there needs to be a clearer definition of a healthy animal and should apply to everyone. He feels hybrids need to be registered and regulated. Doug Holland, of Olin, spoke in opposition of the ordinance as it currently stands. He applauds many of the changes. He expressed his concerns of the definition of ownership of found dogs, farm dogs should include cats, surgical procedures, and cold surfaces. Brad Cobb, of Statesville, expressed concerns whether or not the Board had thoroughly read the revised ordinance. He asked the Board not to vote until it is right. Ed Kinsch, of Statesville, supports the statement to not rush into a vote for the ordinance. He expressed his concerns about the size limit of snakes. They've owned a snake for five years which is now seven feet long and in a few years will be over the limit. He supports registration. Scott Brown, of Troutman, is not in support of this ordinance but it is close. Ms. Stonie, of Statesville, expressed support of the ordinance. Dale Ladd, of Harmony, continued the complaint about animal cruelty with poison feed. October 6, 2015 16 Melissa Bill, of Statesville, expressed desires to keep George. Chairman Mallory closed the public hearing. Commissioner Bowles believes the ordinance is not quite where it should be. Feels there needs to be further work to polish a few items and volunteered to serve on a committee to take a final look at the ordinance. Chairman Mallory supported Commissioner Bowles suggestion, but feels it would be best handled by the Health and Well Being Task Force to appoint a structured committee with representatives from different groups. It is difficult to have a one size fits all ordinance. Vice Chairman Marvin Norman disagreed with forming another committee but allow Johnson and Bowles to meet with members of the public present tonight. Commissioner Johnson expressed his appreciated to Brad Gates for responding to every concern. He volunteered, along with Commissioner Bowles, to meet with three representatives from both sides to work on further changes to finalize this ordinance. Commissioner Bowles agreed with Johnson and Norman. This was already in the works and believes it is not an item for the task force. Chairman Mallory feels it needs to be an intentional and structured approach with all stake holders around the table. He added his support for George MOTION by Commissioner Steve Johnson to assign the task to Commissioner Bowles and himself and request three representatives from both sides to meet as soon as possible. Commissioner Bowles asked to include in the motion, Mr. Gates and the Health Director to be involved in that meeting. Commissioner Johnson accepted that amendment. Chairman Mallory asked about a timeline. Commissioner Johnson amended the motion to include that the animal ordinance be placed on the agenda for the first meeting in November. VOTING: Ayes — 5; Nays — 0 Chairman Mallory expressed appreciation to the audience for their cogent, concise and respectful way of presenting their concerns. Chairman Mallory recessed the meeting for ten minutes at 9:25 PM. Chairman Mallory called the meeting back to order at 9:40 PM. ADMINISTRATIVE MATTERS County Manager Ron Smith summarized the following items that were placed on the consent agenda: October 6, 2015 17 • Request from the Finance Department for sole -source award of a purchase contract with Alliance AutoGas/Blossman Propane for the PRINS VSI Bi -fuel System. • Request from the Finance Department to approve a waiver of bidding for immediate purchase of 15 Power Pro XT Stretchers from Stryker. • Request from the Finance Department for approval of and signature on an agreement with UniFirst for rental of uniforms for Solid Waste Personnel. • Request from Iredell Statesville Schools to approve BA #13 to appropriate fund balance for school capital funds not expended in FT2014-2015. • Request from Iredell Statesville Schools for advance of $500,000 FY 17 capital funds. • Request from the Finance Department to approve BA #14 to appropriate fees incurred by the State for motor vehicle collections. • Request from ICATS to call for a public hearing to consider an FTA 5310 (elderly and disabled) grant. • Request from ICATS to call for a public hearing to consider an FTA 5311 (administrative and capital) grant. • Request for approval of the September 15, 2015 minutes. MOTION by Commissioner Steve Johnson to approve the consent agenda as presented. VOTING: Ayes — 5; Nays — 0 ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS Lake Norman Marine Commission (1 Announcement) APPOINTMENTS TO BOARD AND COMMISSIONS Jury Commission (1 Appointment) OTIO by Commissioner Tommy Bowles to appoint Irene Blackburn who has volunteered to serve again. VOTING: Ayes — 5; Nays — 0 Recreation Advisory Board (I Appointment) OTION by Vice Chairman Marvin Norman to appoint Michael Kubiniec. VOTING: Ayes — 5; Nays — 0 Chairman Mallory said the appointment to the Charlotte Regional Partnership was tabled to the next meeting. UNFINISHED BUSINESS (None) NEW BUSINESS (None) October 6, 2015 18 COUNTY MANAGER'S REPORT County Manager Ron Smith stated the Tax Increment Grant between the County, the Town of Mooresville and R. L. West has been completed. The agreement reflects all of the perimeters set forth by the Board during the public hearing several weeks ago. Smith reported that the Public Library will be hosting a unique exhibit titled the Smithsonian Home Town Team Exhibit. Iredell is one of two libraries in the state for this privilege. The soft opening is October 27, the main opening on October 31 and will run through December 12, 2015. Smith reported that September was another record month in permitting. In 2011 there were 1,385 permits in the County, this year is at 2,100 already. Smith said he will be sending a draft agenda for the Fall Retreat, scheduled for October 23 at the Unity Center in Statesville, NC. CLOSED SESSIONS Chairman Mallory recessed the meeting into Closed Session at 9:50 PM. Chairman Mallory stated there were no items to report from Closed Session. ADJOURNMENT OTION by Commissioner Johnson to adjourn at 10:15 PM. The next meeting is scheduled for October 20, 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 October 6, 2015 19