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HomeMy WebLinkAboutApril_4_2017_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS PRE -AGENDA MINUTES April 4, 2017 The Iredell County Board of Commissioners met in pre -agenda session on Tuesday, April 4, 2017 at 5:00 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 Tommy Bowles Gene Houpe Jeff McNeely Marvin Norman Staff present: County Manager Ron Smith, County Attorney Lisa Valdez, Deputy County Manager Beth Jones, Finance Director Susan Robertson, Assistant to the County 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: The public hearing advertised for Project Sparrow to be held on April 4, 2017 has been postponed until April 18, 2017, at 7:00 PM. ADMINISTRATIVE MATTERS Request from the Finance Department for approval of a service agreement with Bingham Arbitrage Rebate Services, Inc. for the 2016 GO Bond Issue and the Limited Obligation Refunding Bond: Finance Director Susan Robertson stated that each time bonds are issued they are required to engage a company to provide arbitrage rebate calculation services. It is an IRS requirement which the County is not allowed to invest tax exempt bond money into investments that would earn at a higher rate than what will be paid. There is a long history with Bingham and the County has been pleased with their assistance. Typically the bond proceeds are spent within the two year limitation that excludes any arbitrage and there are no rebates. The services are for the deal in the fall for North and South Iredell High schools and for the refunding bonds in December of 2016. This item was placed on the consent agenda. Request from the Finance Department for approval to apply to the Department of Public Safety for Juvenile Crime Prevention Council Discretionary Funds and BA #27 in the amount of $12,865: Finance Director Susan Robertson said this request is concerning the funds received from the State of North Carolina for the Juvenile Crime Prevention Council. It was announced that the State had discretionary funds they were trying to appropriate immediately. One of the JCPC programs, D -A -S -H mentoring, has applied for $12,865. The application has been approved by the JCPC Board. This program has proven very successful in its first year. They have served more students than anticipated and there is a waiting list. The children themselves select a April 4, 2017 mentor which could be a coach, a teacher, a pastor, or someone they are very familiar with. The mentor is required to obtain special training provided by the agency. Commissioner McNeely asked about the actual use of the money. Robertson said it pays for the program administration, training, and field trips. Commissioner Norman asked if the mentors are volunteers without pay. Robertson said that is correct. This item was placed on the consent agenda. BA#27 To Budget DPS Discretionary Funds approved by the Juvenile Crime Prevention Council and appropriate to D -A -S -H Mentoring. Payment will be 4/4/2017 made only if application approved by Dept. of Public Safety. Current Budget Chane Amended Budget Account # 394486 434110 JCPC Discretionary Funds (12,865) (12,865) 395486 563612 D -A -S -H Mentoring 18,040 12,865 30,905 Request from the Finance Department for approval of the FY 2018 Juvenile Crime Prevention Council Funding Plan of $286,796: Finance Director Robertson said the Council met on March 14 to consider proposals for FY 18 funding based on the State's allocation of $286,796. The Council recommended funding to Piedmont Mediation Center, Barium Springs Juvenile Counseling Program, D -A -S -H, and Youth Development Initiatives Afterschool Program. Chairman Mallory asked about the local cash match. Robertson said those are typically contributions, some United Way and some in-kind match. The school provides space for the after school program. This year it was held at Statesville Senior High School and West Iredell Middle School. They wanted to expand and the greater need is with Pressley which has been combined with the program that was at Monticello School. Also, that is where they will relocate. This item was placed on the consent agenda. Request from Administration for approval of BA #28 in the amount of $15,000 to fund membership in the Lake Norman Regional Transportation Commission: County Manager Ron Smith said this is a request for $15,000 to fund membership in the Lake Norman Regional Transportation Commission. This has been delayed for some time. The decision was made to join but at the time there was no need for money. However, the time has arrived to pay for that membership. The contract expires June 30, 2017 but it is expected to continue. Commissioner Houpe asked how the money is used. Smith said most of it pays the salary of Bill Thunberg, the Executive Director. Thunberg has the knowledge of the issues and is a good liaison with the communities. Chairman Mallory said originally this group was focused on Lake Norman and included Davidson, Huntersville, Cornelius, and Mooresville. Both Cornelius and Huntersville dropped out after the toll road was approved. The membership changed to include Statesville, Troutman, Mooresville, Davidson, and Iredell County. This organization interacts with the technical committee on the larger metropolitan planning organization. This organization will determine the April 4, 2017 2 relative scoring of different projects throughout the entire MPO which includes all of Mecklenburg County, all of Iredell County, and a portion of Union County. Funds are distributed by the State based on state projects, regional projects and divisional projects. They are scored and voted on by the entire CRTPO. The process has been designed to try to eliminate politics, to have an objective criteria with which to score projects based on congestion, economic development, etc. The Lake Norman Transportation Committee knows the language and helps with project recommendations. The committee is fair and equitable to all parties. Commissioner McNeely said this is a lobby group representing Mooresville, Statesville, Troutman, Davidson and Iredell County who watches for the best interest of all involved. McNeely believes this is a good cause. This item was placed on the consent agenda. BA#28 To appropriate funds for Lake Norman Regional Transportation annual membership 4/4/2017 fees Current Budget Chane Amended Budget Account# 105480 530200 Contingency 176,617 (15,000) 161,617 105475 564067 Lake Norman Reg Trans Comm - 15,000 15,000 Request from the Construction Project Manager for the Public Safety Complex for consideration to apply to the City of Statesville for annexation: Project Manager David Saleeby said that when the Statesville Technical Review Committee approved this project one of the conditions for water and sewer service is to apply for annexation. Water and sewer rates outside the City are two and a half times that of the City rates. However, there is no guarantee to be annexed but the application is required. Therefore, this request is for permission to apply on behalf of the Public Safety Complex, the Ag Center, and the Animal Shelter. The annexation process will take approximately two months but this will not delay the project. This item was placed on the consent agenda. Request from the Construction Project Manager to consider and adopt a Contractor Construction Pre -qualification Policy: Purchasing and Contracts Manager Dean Lail asked the Board to adopt a construction contractor pre -qualification policy which means that each construction contractor will apply to the County to be screened before bidding. This is basically an up -front responsibility decision for each individual contractor rather than behind the bidding process. This allows staff to know that whoever is bidding has already met the qualifications for the project and for the County. It can only be used for construction/repair projects. It can only be used if the County uses the single separate prime with the dual methods of bidding for construction. There are three basic steps. The first step is the adoption of the policy. The resolution has been edited to meet the County's needs. Once this policy is adopted it will not change. The next step is the assessment tool which is just the application the contractor completes. The assessment tool may change in relation to the project and it must be adopted per project. This duty can be delegated and staff recommends to delegate it to the County Manager. The final part of the project is the matrix which is a scoring mechanism for each application. If the contractor does not meet the pre - qualification score they cannot bid. Chairman Mallory asked if the contractors must have a minimum numbers of points in every area. April 4, 2017 3 Lail said it is an over-all score, but there is a minimum number of points in some of the major areas. Commissioner Houpe asked if this effects the current policy especially the sections on minorities. Lail said it does not effect that policy which is a HUB process. To qualify as a HUB contractor on any project they must be HUB certified by the State. Commissioner Houpe asked if other counties are using this. Lail said yes, there are a lot of other counties and cities that are using it. Smith said this came to light because the County is using a Construction Manager at Risk for the jail. Bordeaux Construction was doing pre -qualification and therefore, the County really needed to have the same policy. Commissioner Houpe asked if there needs to be a money valuable associated so that the County Manager can handle it without bringing it back to the Board. Lail said there is typically no dollar limit or no threshold for the delegation. However, the Board can set that limit. The informal projects are within the State guidelines of $300,000. Smith said Bordeaux is doing all of the pre -qualifications for the jail project. Commissioner McNeely asked about the circumstances if the business plan changes in the middle of a project or if the contractor can't complete the project. Lail said that falls under a completely different rule and the County Attorney becomes involved. The pre -qualification process does not address that situation. Valdez clarified that the only delegation to the County Manager is the ability to adopt the assessment and the criteria. This item was placed on the consent agenda. A RESOLUTION ADOPTING THE CONTRACTOR PREQUALIFICATION POLICY FOR CONSTRUCTION AND REPAIR PROJECTS WHEREAS, the North Carolina General Assembly enacted legislation that requires the local governing board to adopt a prequalification policy applicable to all construction and repair work prior to the advertisement of the contract; and WHEREAS, Iredell County may choose to prequalify contractors for specific projects; and NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF IREDELL COUNTY hereby adopts the following Contractor Prequalification Policy for Construction and Repair Projects: Contractor Prequalification Policy for Construction and Repair Projects GENERAL 1. The purpose of this prequalification process is to impartially evaluate a contractor, or subcontractor, and/or other vendor, and to properly determine by its responsible business practices, work experience, April 4, 2017 manpower, and equipment that it is qualified to bid on an Iredell County construction project in accordance with N.C.G.S. § 143-135.8, and related articles of Chapter 143 of the General Statutes. The award of contracts should be the result of open competition in bidding; impartiality in the selection of contractors; integrity in business practices; and skillful and safe performance of public contracts. 2. The Bid Agent shall be responsible for prequalifying individual contractors to bid on construction projects when prequalification is preferred by the County and authorized by statute. A bidder shall be deemed nonresponsive if it submits a bid on a construction project subject to prequalification for which it has not been accepted for prequalification in accordance with this policy. 3. Prequalification is prohibited for contracts for architectural, engineering, surveying, construction management at risk services, design -build services, and public-private partnership construction services. 4. Any third party construction services provider, i.e. construction manager at risk, shall use the process outlined in this policy for the prequalification of contractors on projects. Such provider and the County shall jointly develop the assessment tool and criteria for each project, including the prequalification scoring values and minimum requirement score. 5. Notwithstanding the fact that a contractor was prequalified, the County reserves the right to reject a contractor's bid if it is determined that the contractor has not submitted the lowest responsible and responsive bid. The prequalification of the contractor shall not preclude the County from subsequently concluding that the contractor is not a responsible bidder pursuant to N.C.G.S. § 143-129. The prequalification of a contractor for a project shall only apply to the individual project. All construction and repair contracts shall be awarded to the lowest responsive and responsible bidder, taking into consideration quality, performance, and the time specified in the bids for the performance of the contract. 11. ORGANIZATIONS AFFECTED: 1. All Departments/Divisions III. DEFINITIONS: 1 Bid Agent — Person assigned the responsibility to prepare the request for qualification, bid, and contract documents, advertise bids and proposals, and open bids for contracts. The Bid Agent may be the Purchasing Manager, a County Manager designee, a professional services consultant retained by the County under an approved contract, or the Construction Manager at Risk in the case of a project being delivered under that delivery method. 2 Project Manager — Employee of the County department responsible for a construction or repair project requiring a contract who shall be assigned the responsibility for managing the project and representing the department in matters relating to the project. 3 Construction Manager — A person, corporation, or entity that provides construction management services to the County pursuant to an authorized contract. 4 Prequalification - A process of evaluating and determining whether potential bidders have the skill, judgment, integrity, sufficient financial resources, and ability necessary to the faithful performance of a contract for construction or repair work. 5 Purchasing Manager — Person in the Finance Department responsible for the overall conduct or oversight of all procurement activities of the County. IV. PREQUALIFICATION PROCESS: 1 Each prospective bidder on contracts identified for prequalification by the Bid Agent and/or the County shall submit an application on the approved prequalification application form in order to become April 4, 2017 prequalified. 2 The approved prequalification application form will require information to be provided on the ownership of the firm, experience of firm's personnel, any affiliations with other construction firms, bonding capacity, financial resources, the type of work performed by the firm, and other objective criteria rationally related to the particular contract to be awarded. 3 The Bid Agent shall ensure that applications prepared for the projects comply with this policy and State law. The application is to be submitted by the deadline established in the notice of prequalification. The notice must be posted on the County's website for a minimum of two weeks for any construction project estimated to be $30,000 or more. The act of submitting the application does not permit the firm to submit a bid. Incomplete applications will be rejected or returned for further detail or correction in the sole discretion of the County. V. APPLICATION: I.The County Manager is hereby authorized to adopt the assessment tool and criteria (also known as the Application) for each specific project. The Bid Agent and County shall ensure that applications prepared for the project comply with this policy and State law. 2. The application shall, at a minimum, address the following items: a. Organizational Structure — The firm shall provide a list of all owners, officers, partners, or individuals authorized to represent or conduct business for or sign legal documents for the firm. This list must include the full legal name, typed or printed in a clear legible form. Firms experiencing changes in ownership, organizational structure, or material changes in assets must inform the Bid Agent prior to the award of a contract. Failure of the firm to comply with this requirement may result in the termination of any contract awarded by the County. b. Classification — The firm shall indicate the type(s) of work the firm's workforce and equipment normally perform, licensure, and other pertinent information. C. Experience — The firm shall furnish a history documenting experience with projects of similar size, scope, or complexity involving the type(s) of work for which prequalification is requested. d. Financial—Firms will be required to provide a minimum of one year of complete audited financial statements from the most current period available. e. Litigation/Claims —The firm will be required to submit information regarding its litigation history, including litigation with owners and subcontractors. f. Timeliness - Firms must provide information on its success at completing projects on time, including the payment of liquidated damages. g. Capacity —Firms shall demonstrate sufficient bonding capacity, insurance and resources for the project. Firms must provide relevant information on the personnel that will be directly responsible for the work, including the location of the office that will be primarily responsible for work. h. Safety - Firms shall also demonstrate an acceptable safety history. Firms must provide copies of any complaints, safety violations or reports from the North Carolina Qualifications Board, OSHA, or any other regulating agency associated with any construction project. Legal Authorization The Applicant must provide a copy of their North Carolina Contractor's License, or provide a statement indicating that they are able to acquire one before submitting a April 4, 2017 bid on a project. If a statement is required, the Applicant shall identify the states in which they are licensed for this type of work. VI. REVIEW OF APPLICATION- COUNTY BID PROJECTS: 1 Prequalification Committee -The Bid Agent shall establish a Prequalification Committee for each project to review and score applications submitted by the firms to determine the prequalification eligibility. The Project Manager shall be a member of the Prequalification Committee. 2 Review of Applications - The Prequalification Committee shall use an objective assessment process and criteria for that specific project. The prequalification criteria shall not require the firm to have previously been awarded a construction or repair project by the County. The prequalification criteria used by the Prequalification Committee shall include prequalification scoring values and the minimum required score to be prequalified for the project. The Prequalification Committee shall approve or deny the applications in accordance with the prequalification criteria and scoring system. 3 Notice of Decision - The firms shall be promptly notified in writing of the Prequalification Committee's decision via e-mail and first class mail. The notification to a contractor determined not to be prequalified shall include the reason(s) for denial. Notice shall be provided prior to the advertisement of bids for the project and with sufficient time for the firm to protest the denial of prequalification. VII. PROTEST PROCEDURE: Protest Procedure- The protest procedure is as follows: a. The firm may protest the denial of prequalification. A written protest must be received by the Purchasing Manager, or Construction Manager in the cases where a third party construction services manager is engaged, within two business days of notice of denial. The written protest shall clearly identify the project and the Project Manager, clearly articulate the reasons for the protest, and attach any documents or additional information in support of the firm's position. The Purchasing Manager or Construction Manager will contact the firm and set up a date and time to discuss the protest. If upon review, the Purchasing Manager or Construction Manager determines that the firm meets the criteria for prequalification, the firm shall be notified that it is prequalified to bid on the project and allowed to participate in the bid process. If the Purchasing Manager or Construction Manager upholds the denial, the firm shall be notified in writing by e-mail and first class mail. b. If the firm desires further review after receiving the decision of the Purchasing Manager or Construction Manager, the firm may request an administrative review and final decision by the County Manager, or designee. A written request for administrative review must be received by the County Manager, or designee, within two business days of the firm's receipt of the decision from the Purchasing Manager or Construction Manager. The request for administrative review shall clearly identify the project and the Project Manager, clearly articulate the reasons for the review, and attach any documents or additional information in support of the firm's position. The County Manager, or designee, will contact the firm and set up a date and time for the administrative review. If, upon review, the County Manager, or designee, determines that the firm meets the criteria for prequalification, the firm shall be notified that it is prequalified to bid on the project and allowed to participate in the bid process. If the County Manager, or designee, upholds the denial, the firm shall be notified in writing by e-mail and first class mail. 2 General Rules for Protests - Firms submitting applications shall be provided an e-mail address for communication with the Purchasing Manager or Construction Manager. The firm shall provide at least two e- mail addresses for use by the Purchasing Manager or Construction Manager in communicating with the firm. The bid opening cannot occur until the protest process is completed. The bid opening must be scheduled in order to allow sufficient time for a bidder that is prequalified as a result of a protest to submit a bid on that project. April 4, 2017 Adopted this the day of 2017. Request from the Clerk to the Board for approval of minutes from the meetings on February 23-24 and March 21, 2017: There were no corrections. This item was placed on the consent agenda. PUBLIC HEARINGS Request from the Planning staff to call for the closure of Kirkwall Place in Mooresville and consider adopting an Order to Close this road: Planning Director Matthew Todd said the Planning Board voted to call for a public hearing for this closure. It is a 30 foot right- of-way platted in 1977. Five properties border it and all are under the same ownership. The owner wants to combine it into one lot in order to sell. There have been no concerns and the site was posted. Request from Phillip Rotella (Case #1703-1) to rezone approximately 4.11 acres across from 800 River Highway: Planning Director Matthew Todd said the Planning Board voted 7-0 in favor. It is on Highway 150 and currently zoned RO. The applicant is requesting HB. There were a few concerned callers about traffic on Highway 150. However, no one came to the meeting in opposition. Vice Chairman Bowles asked if this was a condition of the sale of that property. Todd said the owner is the applicant and is proposed to be an office/building supply dealer. Request from C & H Investments Holdings LLC (Case #1703-2) to rezone approximately 1 acre at 131 Stutts Road from Residential Office (RO) to General Business (GB): Planning Director Matthew Todd said this request is to go to GB, which is just above HB. The Planning Board voted 7-0 with no opposition. This fits the 2030 Horizon Plan. The intended use is office and storage. Request from Daniel Onisor (Case #1703-3) to rezone approximately .83 acres at 2110 Statesville Highway from Residential Agricultural (RA), General Business (GB), and General Business Conditional Use District (GB -CUD) to General Business (GB): Planning Director Matthew Todd said the Planning Board voted 7-0 in favor. It fits the 2030 Horizon Plan. Adjacent is Mooresville's neighborhood with mixed commercial. Part is zoned GB and part is zoned GB -CUD. The condition was no new buildings and used as a parking lot only. In 1984 it was all zoned GB, in 1995 part was rezoned back to RA. The owner is planning to expand the garage and mechanic shop that is on the property. There has been no opposition. APPOINTMENT BEFORE THE BOARD ICATS Director Brad Johnson will present a summary of a recent report made before the Lake Norman Regional Transportation Commission: Chairman Mallory stated this presentation, given by Director Brad Johnson, was very informative at the Committee meeting and felt the entire Board should see it. Johnson presented a power point overview of the ICATS department. Current highlights: 46 employees; 29 revenue vehicles; FY 17 Operating Budget $1,447,361; has provided 1,500,000+ April 4, 2017 8 trips since established in 2012; ICATS Express Route is starting soon. Johnson said ICATS is working with local municipalities on funding. They are also working with CATS (Charlotte Area) on an agreement for rider payment. CATS has a commuter pass that is $130 month and it is proposed that wherever the fare/trip originates is the agency that will keep the fare which would be a more seamless transaction. Also, ICATS has been awarded an additional $200,000 of JARC (Job Access and Reverse Commuting) funding. With this they will offer a guaranteed way home. If a rider is a monthly boarding pass holder and they have an emergency they would have a guaranteed ride home. However, there will be a limited number of rides and it will be to Exit 25 only. The Board recessed into Closed Session for Personnel at 6:30 PM. It was determined that Closed Session wasn't needed to discuss the subject. The Board returned to open session. Vice Chairman Bowles stated that almost every meeting contained a Personnel item asked about the policy to have Personnel listed on the agenda for every meeting. If it wasn't needed then it could be removed. Valdez said Closed Session is already a part of the agenda outline and adjustments can be made at the beginning of the meeting as is the current practice. Smith asked if the reference to the specific statutes is required every time. Valdez said referencing the statutes number may not be necessary but the law does require that the reason for the closed session must be stated in open session, for personnel, attorney-client, etc. and that would be the only topics that could be discussed at that time. The Board recessed at 6:35 PM until the 7:00 regular meeting. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES April 4, 2017 The Iredell County Board of Commissioners met in regular session on Tuesday, April 4, 2017, 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 Tommy Bowles Gene Houpe Jeff McNeely Marvin Norman Staff present: County Manager Ron Smith, County Attorney Lisa Valdez, Deputy County Manager Beth Jones, Finance Director Susan Robertson, Assistant to the County Manager Ben Stikeleather, and Clerk to the Board Retha Gaither. CALL TO ORDER by Chairman Mallory. April 4, 2017 INVOCATION: Chairman James Mallory asked everyone to bow their heads for a moment of silence. PLEDGE OF ALLEGIANCE led by Boy Scout Colton Sterling, Troup 60, sponsored by First ARP Church with Jim Mixson as the Scout Master. 2017. ADJUSTMENTS TO THE AGENDA County Manager Ron Smith made the following adjustments: The advertised public hearing for Project Sparrow has been postponed until April 18, APPOINTMENTS BEFORE THE BOARD Amy Eisele will present a proclamation to declare April as Child Abuse Prevention Month: Amy Eisele, Director of SCAN, said they are offering several events during the month of April. The day before they "planted" a pin -wheel garden which symbolizes a happy childhood. Chairman Mallory thanked Ms. Eisele and staff for all the things they do to provide protection for children. Commissioner Houpe express thankfulness and appreciation for Ms. Eisele and staff for their work. MOTION by Vice Chairman Bowles to adopt the Proclamation to declare April as Child Abuse Prevention Month. VOTING: Ayes — 5; Nays — 0 PROCLAMATION CHILD ABUSE PREVENTION MONTH IREDELL COUNTY, NORTH CAROLINA WHEREAS, children are vital to our state's future success, prosperity, and quality of life, as well as being our most vulnerable asset; and WHEREAS, safe, stable, nurturing homes and communities are needed to foster healthy growth and development for all children; and WHEREAS, child abuse and neglect is a community responsibility affecting both the current and future quality of life of communities, and WHEREAS, communities that provide parents with the social support, the knowledge of parenting and child development programs, and the concrete resources needed to cope with stress and to nurture their children ensure that all children grow to their full potential; and WHEREAS, effective child abuse prevention strategies are known to succeed when there are partnerships created by citizens, human service agencies, schools, faith communities, health care providers, civic organizations, law enforcement agencies, and the business community. NOW, THEREFORE, the Iredell County Board of Commissioners hereby proclaim April as Child Abuse Prevention Month and calls upon citizens, community agencies, faith groups, medical facilities, elected leaders and businesses to increase their participation in efforts to support families, thereby preventing child abuse and strengthening the communities in which we live. Adopted this 4t' day of April, 2017. PUBLIC HEARINGS April 4, 2017 10 Request from the Planning staff to call for the closure of Kirkwall Place in Mooresville and consider adopting an Order to Close this road: Planning Director Matthew Todd said this request is to close Kirkwall right-of-way. It is a 30 foot right-of-way established in 1977. The property owner has purchase all the lots that adjoin this right-of-way and is requesting the closure. The property was posted. Chairman Mallory opened the public hearing. No one wished to speak. Chairman Mallory closed the public hearing. MOTION by Commissioner Houpe to approve the closure. VOTING: Ayes — 5; Nays — 0 ORDER TO CLOSE KIRKWALL PLACE, LOCATED OFF LAKEVIEW SHORES LOOP (SR 1455) WHEREAS, on April 4, 2017 at 7:00 PM, the Iredell County Board of Commissioners held a public hearing as required by N.C. General Statute 153A-24 t; and WHEREAS, after said public hearing, the Iredell County Board of Commissioners find no cause to retain the right-of-way for Kirkwall Place, located off Lakeview Shore Loop (SR 1455), as shown on the attached map. NOW THEREFORE BE IT ORDERED by the Chairman and members of the Iredell County Board of Commissioners that Kirkwall Place, as shown on the attached map, is closed in accordance with the requirement of NC General Statute 153A-241. This the 4°i day of April 2017. Request from Phillip Rotella (Case #1703-1) to rezone approximately 4.11 acres across from 800 River Highway: Planning Director Matthew Todd said this is a rezoning request. The property is currently zoned RO and the applicant is requesting HB. Planning Board voted unanimously to approve. Adjacent property is already zoned commercial. Chairman Mallory opened the public hearing. No one wished to speak. Chairman Mallory closed the public hearing. April 4, 2017 I 1 MOTION by Commissioner McNeely 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 is adjacent to other commercially zoned property. VOTING: Ayes — 5; Nays — 0 PLANNING STAFF REPORT REZONING CASE # 1703-1 STAFF PROJECT CONTACT: Jake Lowman EXPLANATION OF THE REQUEST This is a request to rezone approximately 4.11 acres across from 800 River Highway from Residential Office (RO) to Highway Business (1413). This is a straight rezoning and no conditions are proposed at this time. OWNER/APPLICANT OWNER/APPLICANT: Phillip Rotella PROPERTY INFORMATION LOCATION: Across from 800 River Highway; more specifically PINS 4637879795.000 & 4637971602.000. DIRECTIONS: East of Perth Road on River Highway; Property is on the right past 817 River Highway SURROUNDING LAND USE: There is commercial property in Mooresville's planning jurisdiction to the north. There is residential, vacant and commercial property to the east. The property to the west is residential office, and the property to the south is residential and wooded. SIZE: The acreage to be rezoned is approximately 4.11 acres. EXISTING LAND USE: Both parcels are currently vacant. ZONING HISTORY: The property was rezoned in 2014 from RA to RO, Residential Office. OTHER JURISDICTIONAL INFORMATION: This property is located in Mooresville's Urban Service Area. The town expressed no concerns about the rezoning. OTHER SITE CHARACTERISTICS: The property is located in the WS -IV Critical Area of the Catawba/Lake Norman Watershed. The property is not located in a flood zone. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES April 4, 2017 12 TRAFFIC: The closest traffic count was on Highway 150 near the intersection of Williamson Road and had a traffic count of 30,000 vehicles per day in 2015. The capacity for this section of Highway 150 is approximately 13,500 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 ]redell 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. UTILITIES: This site would be served by well and septic. REQUIRED REVIEWS BY OTHER AGENCIES 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. 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 High Density Residential/Mixed Use. High - Density Residential / Mixed -Use areas are either currently developed or slated for future development at higher densities. These areas lie 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 urban -scale development opportunities and a broader range of housing choices than medium -density residential. Uses within this area generally should include single-family residences, townhomes, condominiums, apartments, accessory dwelling units, age -restricted residential developments, churches, parks, institutional uses, and mixed-use neighborhood -scale commercial development. Secondary uses might include more intense commercial and office uses that tit with the existing character of the neighborhood. Other things to consider is this stretch of River Highway is currently planned to be upgraded to a blanc highway. Any plan approval will take this into consideration. Also the properties are between RO and HB zoned properties. The Planning staff can support the proposed rezoning request based on the following: The 2030 Horizon Plan calls for this area to be high density residential and mixed use. The proposed district fits into the High Density Residential/Mixed Use designation and is consistent with surrounding zoning. This site is consistent with past approved rezoning requests and fits within the Town of Mooresville's future land use plans. Though the traffic count currently exceeds capacity for this stretch of River Highway, future plans call for improvements to add additional capacity. SITE REVIEW COMMITTEE: David Aman, Dennis Hutchens, and Vickie Sawyer visited the site with staff on February 15, 2017. PLANNING BOARD ACTION: On March I st 2017, the Planning Board held a public meeting to hear the rezoning request. No one spoke in opposition to the request. The board voted 7-0 to recommend 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 adapted 2030 Horizon Plan and that said approval is reasonable and in the public interest and furthers the April 4, 2017 13 goals of the 2030 Horizon Plan because it is in harmony with the area and is adjacent to other commercially zoned property. Request from C & H Investments Holdings LLC (Case #1703-2) to rezone approximately 1 acre at 131 Stutts Road from Residential Office (RO) to General Business (GB): Planning Director Matthew Todd said this property is currently zoned RO and the applicant is requesting to rezone to GB. It is one acre in size. Staff supports this and there is other adjoining commercial zoning. Planning Board voted 7-0 in favor. There is an existing residence on the property. Chairman Mallory opened the public hearing. No one wished to speak. Chairman Mallory closed the public hearing. OTION by Vice Chairman Bowles to recommend in favor of this zoning map amendment and make the finding the approval of this is consistent with the adopted 2030 Horizon Plan and that said approval is reasonable and is in the public interest and furthers the goals of the 2030 Horizon Plan because it is within the corridor commercial designation and is adjacent to other commercially zoned property. VOTING: Ayes — 5; Nays — 0 PLANNING STAFF REPORT REZONING CASE # 1703-2 STAFF PROJECT CONTACT: Jake Lowman EXPLANATION OF THE REQUEST This is a request to rezone approximately 1 acre at 13I Stuffs Road from Residential Office (RO) to General Business (GB). This is a straight rezoning and no conditions are proposed at this time. OWNER/APPLICANT OWNER: C&H Investments Holdings, LLC APPLICANT: Wayne Horne; Michael Richards (C&H Investments Holdings, LLC) PROPERTY INFORMATION LOCATION: 131 Stuffs Road; more specifically PIN 4636463697.000. J DIRECTIONS: a East on Brawley School Road; Left on Stotts; Property is on the Left / SURROUNDING LAND USE: There are commercial uses to the west. There is vacant property/ farmland to the north and east, and there is a residence to the south. SIZE: April 4, 2017 14 The acreage to be rezoned is approximately I acre. EXISTING LAND USE: The existing building is used as office space. ZONING HISTORY: The property was rezoned in 2008 from RA to RO, Residential Office. OTHER JURISDICTIONAL INFORMATION: This property is located near Mooresville's Urban Service Area. The town expressed no concerns about the rezoning. OTHER SITE CHARACTERISTICS: The property is located in the WS -IV Critical Area of the Catawba/Lake Norman Watershed. The property is not located in a flood zone. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest traffic count was on Stutts Road near the proposed parcel and had a traffic count of 4,100 vehicles per day in 2015. The capacity for this section of Stuns is approximately 12,400 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. UTILITIES: This site is currently served by well and septic. REQUIRED REVIEWS BY OTHER AGENCIES 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. 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 Corridor Commercial, which includes existing commercial, office, and/or retail uses that exist along major thoroughfares and highways or areas that will include commercial development in the future. These areas are both within and outside the Iredell County Urban Service Areas. According to the plan, uses within this area generally should include retail, restaurants, entertainment centers, automobile services, personal services, other commercial uses, and office developments. The Planning staff can support the proposed rezoning request based on the following: the 2030 Horizon Plan calls for this area to be corridor commercial, which allows for commercial development and general business. The property is across the road from a large general business district. SITE REVIEW COMMITTEE: David Aman, Dennis Hutchens, and Vickie Sawyer visited the site with staff on February 15, 2017. PLANNING BOARD ACTION: On March 1 st 2017, the Planning Board held a public meeting to hear the rezoning request. No one spoke in opposition to the request. The board voted 7-0 to recommend in favor of the rezoning with the following motion: April 4, 2017 15 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 within the corridor commercial designation and is adjacent to commercially zoned property. Request from Daniel Onisor (Case #1703-3) to rezone approximately .83 acres of 2110 Statesville Highway from Residential Agricultural (RA), General Business (GB), and General Business Conditional Use District (GB - CUD) to General Business (GB): Planning Director Matthew Todd said this property is currently in three different zoning districts. The original property is RA but has a GB and GB - CUD also. The request is to rezone the entire property to straight GB. Staff supports this and it is in the land use plan as an employment center. The adjacent properties are zoned commercial and it is an expansion of an existing GB district. The Planning Board unanimously voted to approve this request as well. Chairman Mallory opened the public hearing. No one wished to speak. Chairman Mallory closed the public hearing. MOTION by Commissioner 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 contained within the Employment Center designation and is adjacent to commercially zoned property. VOTING: Ayes — 5; Nays — 0 PLANNING STAFF REPORT REZONING CASE # 1703-3 STAFF PROJECT CONTACT: Jake Lowman EXPLANATION OF THE REQUEST This is a request to rezone approximately .83 acres at 2110 Statesville Highway from Residential Agricultural (RA), General Business (GB) and General Business Conditional Use District (GB -CUD) to General Business (GB). This is a straight rezoning and no conditions are proposed at this time. OWNER/APPLICANT OWNER: Daniel Onisor APPLICANT: Daniel Onisor (MC Motorsports) PROPERTY INFORMATION April 4, 2017 16 LOCATION: 2110 Statesville Highway; more specifically PINS 4658748546.000 & 4658840621.000. DIRECTIONS: South on Charlotte Highway; Keep left to continue on Statesville highway/ 115 S; Property is on the right. SURROUNDING LAND USE: To the north is commercially zoned property located within Mooresville's planning jurisdiction, but it is currently used as a residence. There is residential and vacant property to the west. The properties to the south and east are residential. SIZE: The acreage to be rezoned is approximately .83 acres. EXISTING LAND USE: The parcel with frontage on Statesville Highway has been used as a car dealership and the other was a single family residential site that is now vacant. ZONING HISTORY: In 1984 both of these properties were zoned to General Business. In 1995 the owner rezoned a portion of the lots back to Residential Agricultural. In May of 2002 the owner applied to rezone a portion of the lot to General Business Conditional Use District but was denied. In 2003 a different request with modified conditions was approved and the GB -CUD portion was added. OTHER JURISDICTIONAL INFORMATION: This property is located in Mooresville's Urban Service Area. The town expressed no concerns about the rezoning. OTHER SITE CHARACTERISTICS: A small portion of the property is located in the WS -IV Protected Area of the Catawba/Lake Norman Watershed. The property is not located in a flood zone. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest traffic count was on highway 115 just north of the proposed parcel and had a traffic count of 15,000 vehicles per day in 2015. The capacity for this section of highway 115 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. UTILITIES: This site is currently served by well and septic. REQUIRED REVIEWS BY OTHER AGENCIES 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. 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 April 4, 2017 17 STAFF COMMENTS: The 2030 Horizon Plan calls for this area to be Employment Center — Industrial/Flex Space/Office space. These areas are intended for development of industrial, flex space, and office uses including light manufacturing and assembly, research and development, warehousing, and building trade showrooms and offices. These lands are either currently served or are planned to be served in the future by public or private water or sanitary sewer systems. These areas should have access to planned arterial or collector streets to provide adequate infrastructure for transportation of goods to and from distribution centers. Developments should provide transitions to adjacent lower intensity uses, such as residential and commercial uses, in the form of vegetated buffers, landscaping, setbacks, and building heights. Some commercial/retail uses that serve the industrial/flex/office developments are appropriate within these areas. The Planning staff can support the proposed rezoning request based on the following: the 2030 Horizon Plan calls for the area to be Employment Center — Industrial/Flex/Office which allows for commercial uses. The rezoning will expand a current General Business District and this site adjoins commercially zoned property in the town of Mooresville's jurisdiction. SITE REVIEW COMMITTEE: David Aman, Dennis Hutchens, and Vickie Sawyer visited the site with staff on February 15, 2017. PLANNING BOARD ACTION: On March 1st2017, the Planning Board held a public meeting to hear the rezoning request. No one spoke in opposition to the request. The board voted 6-0 to recommend 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 contained within the Employment Center designation and is adjacent to commercially zoned property. ADMINISTRATIVE MATTERS County Manager Ron Smith summarized the following items that were placed on the consent agenda: • Request from the Finance Department for approval of a service agreement with Bingham Arbitrage Rebate Services, Inc. for the 2016 GO Bond Issue and the Limited Obligation Refunding Bond. • Request from the Finance Department for approval to apply to the Department of Public Safety for Juvenile Crime Prevention Council Discretionary Funds and BA #27 in the amount of $12,865. • Request form the Finance Department for approval of the FY2018 Juvenile Crime Prevention Council Funding Plan of $286,796. • Request from Administration for approval of BA #28 in the amount of $15,000 to fund membership in the Lake Norman Regional Transportation Commission. • Request from the Construction Project Manager for the Public Safety Building for consideration to apply to the City of Statesville for annexation for that building as well as the Agricultural Center and Animal Services. • Request from the Construction Project Manager to consider and adopt a Contractor Construction Prequalification Policy, • Request from the Clerk to the Board for approval of minutes from meetings on February 23-24, 2017 and March 21, 2017. MOTION by Commissioner McNeely to approve the consent agenda as presented. April 4, 2017 18 VOTING: Ayes — 5; Nays — 0 ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS (None) APPOINTMENTS TO BOARD AND COMMISSIONS (None) UNFINISHED BUSINESS (None) PUBLIC COMMENT (None) NEW BUSINESS Commissioner Houpe congratulated the University of North Carolina for their national championship win and representing the State of North Carolina and the ACC. COUNTY MANAGER'S REPORT County Manager Ron Smith spoke on the following items: • Changes to the budget calendar: The budget will be presented to the Board on May 2 and the original calendar had May 4 and 16 as budget work sessions which would have only given two days to review. The proposal is to change the dates to May 8 & 9 from 5:00 to 9:00. However, it may be a preference on Tuesday to meet from 12:00 — 5:00. Both days could be 12 to 5, or one in the evening and one during the day. Smith feels the five hours each day will be enough time to review the budget but May 18 is reserved if more time is needed. Smith will email these dates for confirmation on Wednesday. • Update of Fire Funding Contracts: A conversation with Kent Greene said the Fire Association has submitted a copy of the proposed contract to their consultant. Potentially by the end of the week Greene will reconvene with the Fire Association to review the consultant's comments. • ISS Facilities Task Force: The preliminary date of the first meeting of the Facilities Task Force is May 3 at the CATS facility in Troutman. CLOSED SESSIONS Closed Session item was discussed after pre -agenda. ADJOURNMENT OTION by Commissioner Houpe to adjourn at 7:30 PM. (The next meeting will be Tuesday, April 18, 2017, 7:00 PM, in the Commissioners' Meeting Room, Pre -Agenda Discussion at 5:00 PM in the South Wing Conference Room, Government Center, 200 South Center Street, Statesville, NC) VOTING: Ayes — 5; Nays — 0 April 4, 2017 19 Date Approved Retha C. Gaither, Clerk April 4, 2017 20