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HomeMy WebLinkAbout7-19-2016 MinutesIREDELL COUNTY BOARD OF COMMISSIONERS PRE -AGENDA MINUTES Julv 19, 2016 The Iredell County Board of Commissioners met in pre -agenda session on Tuesday, July 19, 2016 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, 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: Remove from Closed Session: Economic Development G.S. 143-318.11 (a) (4) and Personnel G.S. 143-318.11 (a) (6) Attention to the adjournment which should be a recess and not adjournment. APPOINTMENTS BEFORE THE BOARD Anna Rice from the Iredell County Council on Aging: Chairman Mallory asked about the report from Anna Rice. The spreadsheet has a column titled "Congregate" which needs clarification. Smith said it is truly congregating. It is luncheons and meals offered in Harmony, Statesville, Troutman and other various places around the County. Caterers bring in a bulk amount of food, then volunteers serve the citizens that are able to attend and deliver meals to the home bound. Widows and widowers come sometimes just to socialize. Chad Elliott, Retiree, Requesting a Change in the Personnel Policy: Chairman Mallory believes it would be appropriate for two commissioners to meet with Mr. Elliott, HR Director, legal counsel, and other staff to review all the potential affects this would have for the entire budget. Commissioner Johnson previously met with Marty Byers and Chad Elliott. He asked if federal law explicitly says that the County must cover/give him insurance or has the legal requirement been met by offering him insurance. HR Director Sandra Gregory said the County has met the legal requirement by offering him insurance. Commissioner Johnson asked if Mr. Elliott was offered Cigna insurance at a 50% discount. July 19, 2016 Gregory said no. He was offered the Cobra insurance. Commissioner Johnson said there is some confusion with the offer and some confusion as it relates to federal statutes explicitly saying that we must cover or offer insurance. This needs to be clarified. Gregory said legal advice was sought from two attorneys and both agreed. Commissioner Johnson said the danger is not just the request to buy insurance but the fact that the County will be buying insurance claims. Chairman Mallory said there needs to be a solid briefing about what the plan covers and options available, in order to understand the bigger picture for the entire staff. It must be fair. Commissioner Bowles asked if this situation has ever happened before. Gregory said no, at least not during her time with the County. However, there are other former employees with the same condition and they have been offered Cobra. The Retired Health Insurance Plan requires them to come off if they obtain Medicare or turn age 65. Commissioner Bowles asked if there had ever been an employee who had intentions of getting well and returning to work. Gregory said she did not know of anyone. Chairman Mallory asked for board volunteers to meet with Gregory and counsel to dig further into this situation. Commissioner Robertson suggested to just have staff review and return with a recommendation. Smith said that has already been done. Chairman Mallory said a decision needs to be made from the Board and therefore a couple of Board members need to get further into the details. Vice Chairman Marvin Norman volunteered. Commissioner Johnson said Smith has minimally exposed the County to expense, to some potential lose, by the offer made already, but that is not a criticism. It was a healthy balance between protecting the integrity of the insurance policy for the rest of the employees and the financial well-being of the County, but it was very compassionate in what he offered. It will hinge on how absolutely sure that the County fulfills the law as it relates to federal statute and Medicare secondary payers chapters one and two. If these items are satisfied then there couldn't be any reasonable things left to do. It could begin to tip the scales toward substantial loses. Commissioner Robertson asked how many retirees receive medical benefits. Gregory said it is close to 100. In the next few years that number may rise before it begins to go down. Smith said long term the number will decrease because the County no longer offers it. Commissioner Johnson volunteered to meet with Ron and others but wants some very substantial information first. July 19, 2016 2 Smith said Pat Flannigan will be in the meeting. Chairman Mallory said Mr. Elliott's remarks will be heard in open session which will then be referred to a subcommittee meeting with Vice Chairman Norman, Commissioner Johnson, and staff to drill into the details. PUBLIC HEARINGS Public Hearing to Consider a Request from Todd Combs to Rezone 1.4 Acres from RA to RO: Planning Director Matthew Todd said this received a 7-0 recommendation from the Planning Board. It is close to the Mecklenburg County line and is across the road from Davidson's jurisdiction with Ingersoll Rand. It is a straight RO for an office in an existing house. No public calls have been received. Public Hearing to Consider a Request from Fred Blake to Allow an Expansion of 780 Square Feet within a RA District: Planning Director Matthew Todd said this is not a rezoning but deals with a section of the code that is rarely used. It is an expansion of a non -conforming commercial business. There is an existing building that the owners want to add another building, 780 square feet, which must come before the Board to approve. It is on Triplett Road. The Planning Board voted 7-0 for this request and no calls from the public have been received. ADMINISTRATIVE MATTERS Request from Iredell-Statesville Schools to make a Change in the Deed to Reflect Iredell County as Owner of Land Purchased from Children's Hope Alliance: Assistant Superintendent Kenny Miller said ISS purchased 153 acres adjacent to South Iredell High School. The reason for the purchase was for a future school site and a water shed restriction waiver from the new bond project. In the prep there is a recombination of putting the two properties together and they must be in the same name. Currently South Iredell High School is in the name of Iredell County and the new purchase is in the name of Iredell-Statesville Schools Board of Education. The request is to change the name on the deed to Iredell County for recombination purposes. County Attorney Bill Pope said this is technically more than just changing a name, it is actually transferring the title. This item was placed on the consent agenda. Request from Iredell-Statesville Schools to Change the Scope of Work for the Energy United Lease for Energy Conservation Controls: Assistant Superintendent Kenny Miller said ISS has a lease -purchase agreement with Energy United for energy management, energy control and efficiency. One project was West Iredell Middle School which studies have shown the poor condition of the equipment. The recommendation from engineers is not to put new controls on old equipment. The request is to remove West Iredell Middle School's Controls Project and replace it with East Iredell Middle School LED Lighting Upgrade. They are almost identical in cost and Energy United is in agreement. Commissioner Robertson asked the clarification of the term "lease." Miller said it is actually a lease -purchase agreement and comes from the capital budget. Commissioner Robertson asked about the savings on each of the projects. July 19, 2016 Miller said the replacement of the controls are necessary in order to have full control of the HVAC. The lighting project is to replace the T-12 lighting that will soon be obsolete. This will present about a 60% savings in energy usage. Commissioner Robertson asked about the HVAC project for West. Miller said it will be in the FYI 7-18 capital budget as the number one priority. This item was placed on the consent agenda. Request from the Finance Department to Proceed with Refunding 2008 COPS: Finance Director Susan Robertson said refunding proposals were presented in December of 2014. At that time the 2008 refunding was pulled because the savings were not as great as anticipated. Currently that savings is up to about $8.8 million net present value. The earliest sale would be mid- October but 14.09% of the amount to be refunded is in advanced refunding, so there is a small amount of negative arbitrage. The current year will save about $200,000 with the following year at $400,000 and by the third year it will be almost $1 million per year in savings. If the market turns it can be pulled again. This item was placed on the consent agenda. Request from the Finance Department to Accept an Offer to Purchase and Authorization to Begin Upset Bid Process: Purchasing and Contracts Manager Dean Lail said that on April 19 the Board directed to list the 1370 Scotts Creek property with a realtor. An offer has been received from Baltazar Vargas Mendoza for $110,000. There are no closing costs and he is prepared to place the 5% bid bond that is required. project. Smith said this offer meets the projections for reimbursement to the Jennings Road Park This item was placed on the consent agenda. Request from Administration to Choose One Board Member as the Voting Delegate for the 109"' NCACC Annual Conference: County Manager Ron Smith said NCACC's Annual Conference is August 11-14 in Winston Salem. They are asking for a voting delegate to be appointed. Also, the delegate will attend the District Director Caucuses to select a representative for District 12. Commissioner Bowles volunteered. Request from Tax Administration to Approve Refunds and Releases: County Manager Ron Smith said everything was in order. This item was placed on the consent agenda. Request Approval of the June 21, 2016 Minutes: There were no corrections to the minutes. This item was placed on the consent agenda. The Board entered into Closed Session at 6:15 PM. The Board recessed at 6:35 PM until the regular session at 7:00 PM July 19, 2016 IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES Julv 19, 2016 The Iredell County Board of Commissioners met in regular session on Tuesday, July 19, 2016 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, 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. PLEDGE OF ALLEGIANCE led by Chairman Mallory. PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS (None) ADJUSTMENTS TO THE AGENDA: County Manager Ron Smith made the following adjustments to the agenda: Remove from Closed Session: Economic Development G.S. 143-318.11 (a) (4) and Personnel G.S. 143-318.11 (a) (6) Attention to the adjournment which should be a recess and not adjournment. MOT10N by Vice Chairman Marvin Norman to adopt the agenda as amended. VOTING: Ayes — 5; Nays — 0 APPOINTMENTS BEFORE THE BOARD Anna Rice from the Iredell County Council on Aging will Present an Update on Home and Community Care Block Grant Funding Plan: Anna Rice addressed the Board to present Iredell County's proposed 2017 Aging Funding Plan for review and approval. She explained that Iredell County has 34,000 people aged 60 plus. Since 2014, the 60+ population has been out pacing the 17 and under. It is estimated that in 2019 the 60+ will surpass the younger group. The baby boomers are now eligible and need aging services. Many are turning to service agencies for help with their aging parents in their 70s, 80s, and 90s. In the 2017 funding plan, they will continue to provide transportation, chore workers, personal care, respite services, placements in the Elder Center, nutrition and congregate services, and deliver meals to homebound. The Elder Center July 19, 2016 offers games, assistance with tax or Medicare forms, art, line dancing, writing senior memories, computer/iPhone/iPad classes, book group, theater, fitness/exercise, and diabetes classes. The committee met in late April to prepare the 2017 funding plan and in the end the funding plan remained essentially the same as the year that just ended. Older American's Act dollars require a minimum 10% local matching fund. The County has helped the Council meet this requirement which brings back $9 in federal funds for every $1 contributed by the County. Commissioner Ken Robertson stated he sought advice from Ms. Rice in the past couple of years. He complimented Ms. Rice for her wealth of knowledge and help that she gave. He went on to explain how things of changed with less children to care for the elder parents. Government can't fill the void. The work of the Council on Aging is incredibly important and it is only going to increase. Chairman Mallory expressed, on behalf of the Board, an appreciation for her work and the staffs in order to maintain a quality of life for many citizens. (The motion to approve this funding plan was made at the end of the meeting.) Chad Elliott, Retiree of the Sheriff's Department, Requests a Change in the Iredell County Personnel Policy: Retiree Chad Elliott thanked the board for allowing this appointment. This is not reflection on the Sheriffs Office and he has the utmost respect for Sheriff Darren Campbell and the staff of the Sheriffs Office. In March of 2015 he was diagnosed with a rare cancer that attacked the kidneys. During this time he was unable to work and began chemotherapy in preparation for stem cell transplant. The transplant was received at Duke Hospital and the cancer went into remission. Unfortunately the kidneys did not recover and daily dialysis (from home) is required. After six months of remission, he was placed on a kidney transplant list. The doctor recommended retirement with disability until the transplant and then return to work. In May of 2016, he met with Human Resources concerning retirement. HR said that since Medicare was received prior to the meeting there may be a problem with receiving Cigna Insurance. HR provided the policy for retirees which said, "any employee who retirees from the local government retirement system is eligible to remain in the County's Health Care Program until age 65 or obtain Medicare, whichever is first." Mr. Elliott received Medicare before retirement. He gave copies of the Medicare End -Stage Renal Disease Manual, which defended his stand on receiving Medicare. The County chose not to provide Cigna at the 50% reduced rate for retirement because he had Medicare. As a result he lost the Life Source Contract involving kidney transplants covered at 100% under Cigna and the Life Source Contract for post stem cell transplant at 100% until September 2016. He was put on the inactive kidney transplant list until a secondary insurance was found for Medicare for a possible future transplant. Currently he is still not on the list. He expressed thanks for the County Manager Ron Smith for his help. Medicare guidelines 10.2 says there is a 30 -month coordination period with end-stage renal disease. Medicare for end-stage renal disease is different from Medicare. Medicare benefits are secondary to benefits payable under a GHP for a group health provider for individuals eligible for or entitled to benefits on the basis of end-stage renal disease during a period up to 30 months. If Medicare was not the primary payer for the individual on the basis of age or disability at the time this individual becomes eligible or entitled to Medicare on the basis of end-stage renal disease. Mr. Elliott has been on Medicare for 12 months. The coordination period would only be for an additional 18 months. Medicare 10.9 B states the coordination of benefits arranged from a private plans whether based on state law or private agreements cannot supersede federal law that makes Medicare secondary payer to group health insurance in certain situations. He understands federal law supersedes state law. July 19, 2016 6 Coordination Period 70.3 says a GHP group health provider may not take into account that an individual is eligible for or entitled to Medicare benefits on the basis of end-stage renal disease during to coordination period—the 30 months. Basically he understands that during the 30 months Medicare is invisible. It can't even be taken into account because of end-stage renal disease. Under 18-6-2 b 1 C ii — act provides that group health insurance may not differentiate in the benefits they provide between individuals who do not have end-stage renal disease and other individuals covered under the plan on the basis of existence of end-stage renal disease. The need for renal dialysis or any other manner actually constitutes in the plan benefits and may also constitute taken into account Medicare eligibility or entitlement include but are not limited to the following: terminating coverage of individuals with ESRD for reasons that would not be the basis for terminating individuals who do not have end stage renal disease. Retired employees or employed, section 70.4 — beneficiaries who are eligible for or entitled to Medicare on the basis of end-stage renal disease and who are covered by group a health provider without regard to the number of individuals employed and regardless of the current employment status during the first 30 months, which is the coordination period, of end stage renal based Medicare eligibility or entitlement. This basically means employed or retired or regardless of the individuals employed he is entitled to the 30 month coordination period. Section 20.0 the provision applies regardless of the number of employees employed by the employer and regardless of whether the individual or other family member has current employment status the end-stage renal disease provision applies to former as well as current employees. The provision applies where an individual is eligible for Medicare based on end-stage renal disease and where an individual is entitled to Medicare based on end-stage renal disease. Basically he understands this means it doesn't matter how many employees are employee. The decision because the policy stated he had Medicare, or whichever was first, he was dropped. The End-stage Renal Disease Manual says that during the 30 month coordination period, it can't be taken into account that Medicare exists. The decision was made that Cigna was dropped at that time. Any other person in the same situation with time served and able to retire with disability, they would be offered Cigna Insurance but because he had Medicare, he wasn't. There is a differentiation because it would still be offered to someone, even though Medicare policy was supposed to stay invisible for 30 days. There should have been no different treatment because of the renal disease for 30 months. Chairman Mallory thanked Mr. Elliott for his service and expressed appreciation for bringing this subject to the Board as it is a matter of policy and also compliance with the law. It is a matter of evaluating the choices, the impact, second and third order of effects as it applies to all employees. The County needs to have a policy that employees will have assurance that it will apply to everyone. The financial integrity needs to balance with the policy system and plan. This is a complex interaction between the County, state and federal regulations. This will take a considerable amount of review and understanding to reach a satisfactory conclusion that is fair to all employees. It must be sustainable and most importantly compliant with the law. Mallory encouraged Elliott to avail himself in the process to work through the various issues. The hope is for a successful transplant and return to duty. Elliott said his goal is the get the kidney and come back to work to finish his career. Commissioner Johnson said Mr. Elliott is asking that affordable insurance be provided to him given his years of faithful service which seems to be reasonable. The problem is, from the County's perspective the County is not buying insurance coverage, they are buying claims because we are self-insured, there is stop -loss. The decisions not only effect Mr. Elliott, but could July 19, 2016 7 potentially affect everyone who falls in this retired insurance health plan. The County's concern is that if it is done for Mr. Elliott, it will have to be done for everyone else. The number of people involved and the amount of each potential claim has yet to be determined. This could potentially be a very large financial risk. Also, what is the impact on existing employees if assumed responsibility? The County Manager has acted responsibly, reasonably, and compassionately, but as chief financial authority for the county, he has gone as far as he feels comfortable. Anything further needs a policy decision from this board. As a volunteer of the subcommittee to address this issue, he asked for a definitive written legal opinion as to whether law explicitly says that the County must pay for Mr. Elliott's insurance or did the County fulfilled the law when insurance was offered. This is a great point of contention between both parties. Mr. Elliott feels the County should provide insurance and the County feels it should offer insurance. The County staff feels the obligation of the law has been met by offering insurance. A definitive written opinion will go a long way to reconcile the differences. Elliott said Medicare guidelines, with end-stage renal disease, says that if a person does assume Medicare, after the 30 month coordination period it is going to flip. Example — if a person has Cigna and diagnosed with end-stage renal disease and choose to take Medicare, after the coordination period, it flips. Medicare becomes the primary and takes the hit. Cigna will become secondary. Chairman Mallory hopes there is a range of options that may provide the level of treatment needed at an affordable amount which doesn't put at risk the County's financial system of healthcare. This has to be extrapolated out, not just to this particular situation, but potentially many others. It is a matter of achieving a balance and understanding the legal responsibilities along with the cost of different policy options, whether something can be crafted in a way to address the issue in a responsible compassionate way and which can potentially provide a return to duty for Mr. Elliott or any other employee in this position. Elliott said that once the transplant is complete, he will be removed from disability from the State and federal government. PUBLIC HEARINGS Public Hearing for the Consideration of an Economic Development Incentive for Project Sparrow: Statesville Regional Development Interim Director John Marek said this is a request for an industrial development grant for a company looking to expand its existing Statesville operation and who wishes to remain anonymous at this time. Project Sparrow involves the physical expansion of their current building, new capital equipment and new jobs. The company is considering other sites in North America. The company anticipates a decision in the fourth quarter of 2016. If Statesville is selected, construction will begin in the second quarter of 2017. When complete, Project Sparrow would create 25 new jobs and result in additional $70 million in new taxable investment in the community. The request is for Project Sparrow to be granted a performance based incentive as follows: the improvement period will be January 1, 2017 through June 30, 2018; the new investment will be $70 million with approximately $4 million in real property and $66 million in capital equipment; 25 new jobs with a salary in excess of the County's average wage and will include at least 50% of the cost of employee health care coverage. The total incentive is $1,225,000 which is self -funding and self-limiting. No payment will be made until the company has paid the property taxes in full. If the company does not reach the goals as stated, they will not receive the grant. July 19, 2016 8 Chairman Mallory opened the public hearing. No one from the public wished to speak. Chairman Mallory closed the public hearing. OTIO by Commissioner Tommy Bowles to approve an economic incentive of $1,225,000 over a five year period based on the company's investment of $70 million and contingent upon a contract being executed within 180 days. VOTING: Ayes — 5; Nays — 0 Public Hearing to Consider a Request from Todd Combs to Rezone 1.4 Acres from RA to RO: Planning Director Matthew Todd said this property is currently zoned RA and the request is for RO — Residential Office. It is 1.4 acres and matches the 2030 Horizon Plan. The lot adjacent is zoned commercial. The traffic impact will not exceed the road capacity. The Planning Board recommended 7-0 to approve this request. The medium density residential allows small scale commercial uses. Commissioner Robertson clarified that the Planning Board and staff agreed that this is a very good use for this property. Todd said that is correct and no public calls were received concerning this property. Chairman Mallory opened the public hearing. No one from the public wished to speak. Chairman Mallory closed the public hearing. OTIO by Vice Chairman Marvin Norman 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 area and it is adjacent to commercially zoned property. Commissioner Johnson said it is reasonable to assume this will increase a commercial corridor and is the least offensive development that can be. VOTING: Ayes — 5; Nays — 0 PLANNING STAFF REPORT REZONING CASE # 1606-1 STAFF PROJECT CONTACT: Jake Lowman EXPLANATION OF THE REQUEST This is a request to rezone approximately 1.4 acres at 1965 Mecklenburg Highway from Residential Agricultural (RA) to Residential Office (RO). This is a straight rezoning and no conditions are proposed at this time. OWNER/APPLICANT July 19, 2016 9 OWNER: Barbara and Lyle Devane and Gayle McElveen APPLICANT: Todd J. Combs (Combs Law, PLLC) PROPERTY INFORMATION LOCATION: 1965 Mecklenburg Highway; more specifically PINS 4654285188.000, 4654287223.000, 4654287153.000, 4654286019.000 DIRECTIONS: South on Mecklenburg Highway, property is on the left before Presbyterian Rd. SURROUNDING LAND USE: There are neighborhood scale businesses to the south, residential properties to the north and east, and farmland to the west. SIZE: The acreage to be rezoned is approximately 1.4 acres. EXISTING LAND USE: There is an existing residence on the property. ZONING HISTORY: The property has been Residential Agricultural (RA) since Lake Norman Zoning was established in 1963. OTHER JURISDICTIONAL INFORMATION: This property is located just within the edge of Mooresville's future Urban Service Area boundary. OTHER SITE CHARACTERISTICS: A small portion of the property is included in the WS -IV Critical Area Catawba/ Lake Norman Watershed. The property is not located in a flood zone. UTILITIES: This site is currently served by well and septic. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest traffic count is near the county line on Mecklenburg Highway and had a traffic count of 12,000 vehicles per day in 2013. The capacity for this section of Mecklenburg Highway is approximately 13,800 vehicles per day. SCHOOLS: This is a commercial rezoning and should have 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 did not address any concerns on the request. EMS: This proposal has been reviewed by the EMS Department. EMS did not address any concerns on the request. REQUIRED REVIEWS BY OTHER AGENCIES July 19, 2016 10 LOCAL: The applicant must provide a site plan to the Planning Division for review to develop the property. Zoning requirements such as parking, landscaping, and buffering will be reviewed at such time. Watershed calculations and erosion & sedimentation control standards will also be reviewed for compliance. 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, these areas include 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. Uses within this area generally should include single-family residences, townhomes, multi -family residential developments, accessory dwelling units, churches, parks, institutional uses such as schools, and neighborhood - scale commercial development. 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 neighborhood scale commercial businesses. This site adjoins commercially zoned property and should have a minimal impact on the adjacent properties. SITE REVIEW COMMITTEE: David Aman and Dennis Hutchens visited the site with staff on May 18, 2016. PLANNING BOARD ACTION: On June ls', 2016, the Planning Board held a public meeting to hear the rezoning request. No citizens from the community attended the meeting to voice their opinion regarding the rezoning. The board voted 7-0 in favor of the rezoning 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 and furthers the goals of the 2030 Horizon Plan because it is in harmony with the area and it is adjacent to commercially zoned property. Public Hearing to Consider a Request from Fred Blake to Allow an Expansion of 780 Square Feet within a RA District: Planning Director Matthew Todd said this request is an expansion of an existing non-comforming business. It was a business prior to 1990 when the County implemented county -wide zoning. Over the years it has been used commercially. In 2011 the Board of Adjustment approved an adjustment in non -conforming use but in order to expand the property it must be approved by the Board of Commissioners. The Planning Board recommended 7-0 to approve this request. It is currently zoned RA and is a low density residential area in the 2030 Horizon Plan. Commissioner Johnson stated these are very honorable folks to bring this before the Board Chairman Mallory opened the public hearing. July 19, 2016 11 No one from the public wished to speak. Chairman Mallory closed the public hearing. MOTION by Commissioner Bowles to recommend approval of the request for expansion of the non -conforming use and to advise that it meets the criteria of Section 15.5 of the Iredell County Land Development Code. VOTING: Ayes — 5; Nays — 0 PLANNING STAFF REPORT Expansion of Non -Conforming Use B& 1 Heating, AC & Electrical, LLC STAFF PROJECT CONTACT: Jake Lowman EXPLANATION OF THE REQUEST Legal non -conforming uses are allowed to expand per approval by the Iredell County Board of Commissioners. This is a request to allow an expansion of an existing non -conforming commercial business within a Residential -Agricultural District by 780 square feet for storage space. OWNER/APPLICANT OWNER: CIB Realty APPLICANT: Fred Blake (CIB Realty) PROPERTY INFORMATION LOCATION: 358 Triplett Road, more specifically PIN 4772481840.000 DIRECTIONS: East on Highway 70, Right on Triplett Road, property is one mile on the right. SURROUNDING LAND USE: There are residential homes to the east and south. Other surrounding land is vacant or for agricultural use. SIZE: 2.578 Acres EXISTING LAND USE: There is an existing commercial heating and cooling business on the property. ZONING HISTORY: The property has been Residential Agricultural (RA) since countywide zoning in 1990. In 2011 a Change in Kind of Non -Conforming Use was granted by the Board of Adjustment to change a legal non -conforming business from an auto -mechanics shop to a heating, AC and electrical business. TRAFFIC: The closest traffic count is near the intersection of Ostwalt Amity Road and Triplett Road and had a traffic count of 1,600 vehicles per day in 2011. The capacity for this section of Triplett Road is approximately 11,000 vehicles per day. July 19, 2016 12 REQUIREMENTS The Iredell County Zoning Ordinance allows non -conforming uses to expand based upon the consideration of criteria outlined below: a. The enlargement will NOT cause substantial harm to the adjoining property owners. b. The enlargement will NOT result in traffic increases beyond the capacity of the roads serving said use. c. The enlargement will NOT result in emission of smoke, fumes, noise, odor, or dust which will be detrimental to the character of the district or to the health, safety, or general welfare of the community. d. The enlargement will maintain all minimum setbacks and buffer requirements of the use district in which said use would be permitted. Section 15.5 of the Iredell County Land Development Code provides the above -referenced criteria that must be considered for an applicant to expand a non -conforming use. All aspects may be evaluated in light of location of the property and the submitted site plan showing the existing facilities and expansion. STAFF AND BOARD COMMENTS STAFF COMMENTS: Staff is recommending for the request and feels that based upon the submitted site plan and history of the operation that an expansion would not negatively impact adjoining residential properties and meets all criteria for an expansion of a non -conforming use. The expansion of a non -conforming use is preferred to a rezoning request for avoidance of potential spot zoning. Any future expansions would need to be evaluated by the Board. SITE REVIEW COMMITTEE: David Aman and Dennis Hutchens visited the site with staff on May 18, 2016. PLANNING BOARD ACTION: On June 1st, 2016, the Planning Board held a public meeting to hear the request for expansion. No citizens from the community attended the meeting to voice their opinion regarding the case. The board voted 7-0 in favor of the expansion with the following motion: Motion to recommend approval of the request for expansion of the non -conforming use and to advise that it meets the criteria of Section 15.5 of the Iredell County Land Development Code. ADMINISTRATIVE MATTERS County Manager Ron Smith summarized the consent agenda as follows: Request from Iredell-Statesville Schools to make a change in the deed to the property adjacent to the South Iredell High School to reflect Iredell County as the owner of the land purchased from Children's Hope Alliance. Request from Iredell-Statesville Schools to change the scope of work for the Energy United Lease for energy conservation controls. This would change the project from West Iredell Middle to East Iredell Middle. Request from the Finance Department to proceed with refunding 2008 COPS. This will bring a net present value savings of over $8.8 million over the course of the bond. July 19, 2016 13 • Request from the Finance Department to accept an offer and authorization to begin the upset bid process on the house owned by the County on Scotts Creek Road. • Request from Administration to appoint Tommy Bowles as the voting delegate for the 109"' NCACC Annual Conference. • Request from Tax Administration to approve tax refunds and releases. • Request approve for the June 21, 2016 minutes. MOTION by Vice Chairman Norman to approve the consent agenda. VOTING: Ayes — 5; Nays — 0 ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS Iredell County Board of Adjustment (1 Announcement) — Mr. Alan Boyce resigned. Iredell-Alexander-Catawba County Farm Service Agency County Committee (I Announcement) — Mr. Doug Carrigan is willing to serve again. The candidate must be from LAA3 area which includes townships of Statesville, Chambersburg, Fallstown, Barringer, Davidson, and Coddle Creek. Partner's Behavioral Health Board of Directors (1 Announcement) — Former Register of Deeds Matt McCall has resigned. APPOINTMENTS TO BOARD AND COMMISSIONS JCPC (1 Appointment) — Mr. Jeffery Eads is replacing Stephanie Funderburk as the Partners Behavioral Health representative. MOTION by Commissioner Bowles to appoint Mr. Jeffrey Eads to replace Ms. Funderburk on the Partners Behavioral Health representative on JCPC. VOTING: Ayes — 5; Nays — 0 UNFINISHED BUSINESS Chairman Mallory asked the Board to turn back to Memo #1 for the Home and Community Care Block Grant Funding that needs an approval. OTION by Commissioner Johnson to approve the funding plan presented by Anna Rice. VOTING: Ayes — 5; Nays — 0 No one wished to speak. PUBLIC COMMENT NEW BUSINESS (None) COUNTY MANAGER'S REPORT County Manager Ron Smith gave a quick update on the following items: July 19, 2016 14 • The new jail plan will be presented at the next meeting on August 2. The new building is going to seriously impede the parking and pedestrian traffic in front of the Hall of Justice. Also, the jail population report was left for the Board to review. • The Public Safety building is running parallel with the jail project. Authority was previously given to negotiate and sign the contract with Edifice ADW but it has not been signed yet. Staff has made some changes and it is very close to where it needs to be. It should be signed within a couple of weeks and the project will move forward. • Building permits have been staying constant. Commercial development continues to be very strong. • A correspondence will be sent to the VFD Chiefs and Board of Director Chairpersons to let them know the status of the process. Chairman Mallory, on behalf of the Board, expressed appreciation to staff for the many hours spent on both the jail project and the public safety building. CLOSED SESSIONS Closed Session items were discussed prior to this meeting. ADJOURNMENT Chairman Mallory recessed the Board at 8:10 PM until Tuesday, July 26, 6:00 PM at 444 Bristol Drive, Statesville. Date Approved Retha C. Gaither, Clerk July 19, 2016 15