HomeMy WebLinkAbout2-21-2017 MinutesIREDELL COUNTY BOARD OF COMMISSIONERS PRE -AGENDA MINUTES February 21, 2017 The Iredell County Board of Commissioners met in pre -agenda session on Tuesday, February 21, 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, 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 called attention to an application just received from Doug Knight for the Iredell-Statesville Schools Facility Task Force. Chairman Mallory suggested to table the appointments to the Facilities Task Force until March 7. Commissioner McNeely asked that the item concerning the text amendment be heard at the 7:00 regular meeting and not at the pre -agenda. Chairman Mallory said that would be appropriate. Commissioner Houpe stated there had been a request from Tammy Wilcox and Melissa Neader to say a quick thank -you before the vote. Chairman Mallory said that since they were allowed to complete the survey it seems appropriate to allow them additional time for some short remarks. ADMINISTRATIVE MATTERS Request from the Iredell County Emergency Communications Center to pursue a grant from NC 911 Board for the Public Safety Facility: ECOM Director Candy Strezinski stated that ECOM would like to pursue a grant with the NC 911 Board for the new facility. The application process usually takes place in May/June. Preliminary work has begun with Mission Critical Partners. There are three types of grants but ECOM will be focusing on the individual PSAP enhancement replacement. These grants are awarded in October. Commissioner Norman asked if a match is required. Strezinski said a match is not required, but it is a reimbursement grant. February 21, 2017 Chairman Mallory asked if the grant process is enhanced by participation with municipalities. Strezinski said award chances increase if there is consolidation or co -location. Iredell ECOM is the back up for Alexander, Mooresville, and Wilkes. Being considered a regional back- up location will help, too. This item was placed on the consent agenda. Smith reported that Strezinski and Saleeby will be speaking to the 911 Board on the following Friday. There was also a meeting with the Town of Mooresville the prior week. The Interim Manager had planned to create a task force to study consolidation or co -location and if it would be beneficial to the Town of Mooresville. Saleeby reported that after a meeting with the architect, engineers, and contractors the design will be brought back to the task force and the Board of Commissioners. The design will allow the possibility of an alternate bid and design, if Mooresville decides to join later. Request from Tax Administration for approval of January 2017 Refunds and Releases: Smith said everything is in order and there are no commissioner names on the roll. This item was placed on the consent agenda. Releases for the month of January 2017 Monthly Total S 27,172.80 Breakdown of Releases: County $ 14,289.49 Solid Waste Fees $ 52.00 Statesville Solid Waste Fees $ - Mooresville Solid Waste Fees $ - Davidson Solid Waste Fees $ - E. Alex. Co. Fire #1 $ - Shepherd's Fire #2 $ Mt. Mourne Fire #3 $ All County Fire #4 $ 8.98 B&F Fire #5 $ 6.30 Statesville City $ 10,675.17 Statesville Downtown $ - Mooresville City $ 2,140.86 Mooresville Downtown $ - Mooresville School $ - Love Valley $ - Harmony $ - Troutman $ - Davidson $ - Refunds for the month of January 2017 Monthly Total $120.00 Breakdown of Refunds: County $ - Solid Waste Fees $ - Statesville Solid Waste Fees S 120.00 Mooresville Solid Waste Fees $ - Davidson Solid Waste Fees $ - E. Alex. Co. Fire #1 $ - Shepherd's Fire #2 $ - Mt. Mourne Fire #3 $ - All County Fire #4 $ - February 21, 2017 B&F Fire #5 $ Statesville City $ Statesville Downtown $ Mooresville City $ Mooresville Downtown $ Mooresville School $ Love Valley $ Harmony $ Troutman $ Davidson $ NC Vehicle Tax System Refunds January 2017 Breakdown of NCVTS Refunds: County E. Alex. Co. Fire #1 Shepherd's Fire #2 Mt. Mourne Fire #3 All County Fire #4 B&F Fire #5 Statesville City Statesville Downtown Mooresville City Mooresville Downtown Mooresville School Love Valley Harmony Troutman Davidson Monthly Total 16.47 (10.67) (157.18) (48.58) (99.19) $ (299.15) Request by Administration for adoption of the updated Rules of Procedure: Clerk to the Board Retha Gaither reported the results of research from other NC counties and the School of Government. All stated they approved a majority vote for the suspension of rules. The only difference was the majority of the members present or equal to a quorum of the Board. Commissioner McNeely feels the entire Board should be polled. Commissioner Houpe feels if should be a majority vote of those present because there may be exigent circumstances. Members can't phone in a vote. Vice Chairman Bowles feel it should be at least three votes to approve. Commissioner McNeely asked what would constitute an emergency. Chairman Mallory said it would be determined on a case by case basis. Commissioner Norman feels it should be a majority of those present. Even if he is absent, the members should be able to make a decision and move on. Chairman Mallory said there is a quorum rule for a reason which is to be able to do business. If any business done before, that duly constituted quorum, is by majority of those that February 21, 2017 are present and he doesn't feel it should be deviated from with a different definition. It should be consistent with a majority of those present. Vice Chairman Bowles said the apprehension is that somehow the Board would take advantage of a member being absent but he does not feel this is the intent. Commissioner Houpe said the Board has been sensitive to any concerns of suspending the rules unless it is an exigent matter. He feels the Board would not make a vote unless it was an emergency and the feelings of other members will be considered. Commissioner McNeely feels there should be as much communication as possible through phone calls, email, texting, etc. Chairman Mallory reassured the Board, as presiding officer, that if there was a true concern from any commissioner about making a decision on a matter without having some additional facts, that it would have to be a very high bar, a truly exigent circumstance for him to vote to suspend the rules. He suggested, as an informal rule among the members, that each give consideration to each one's concerns. This item was placed on the consent agenda. RULES OF PROCEDURE IREDELL COUNTY BOARD OF COMMISSIONERS (1) Regular Meetings The Board shall have a regular meeting on the first and third Tuesdays of each month, except that if a regular meeting day is a legal holiday, the meeting shall be cancelled or held the next business day. Regular meetings will begin at 7:00 PM, and shall be held in the Commissioners' Meeting Room, Iredell County Government Center, 200 South Center Street, Statesville, NC. Public hearings will be held at 7:00 PM on the first Tuesday of each month. A briefing session will occur at 5:00 PM prior to the regular meeting, in the South Wing Conference Room of the Iredell County Government Center. No motions will be considered in order at the briefing except for motions to recess or adjourn, or affix the time to adjourn. (2) Special Meetings The Chairman or a majority of the members of the Board may, at any time, call a special meeting of the Board of Commissioners by signing a written notice stating the time and place of the meeting and the subjects to be considered. The person or persons who call(s) the meeting shall cause the notice to be delivered to the place of each member at least forty-eight (48) hours before the meeting and shall cause a copy of the notice to be posted on the Iredell County Government Center bulletin board and on the door of the regular meeting room at least forty-eight (48) hours before the meeting. Only those items of business specified in the notice may be transacted at a special meeting, unless all members are present or those who are not present have signed a written waiver. (3) Oraanizational Meeting On the first Monday in December following a general election in which county commissioners are elected, the Incumbent Board shall meet at 9:00 AM (unless amended by the Board), at the regular place of meeting for its final meeting. The newly elected County Commissioners shall be sworn in at 10:30 AM, and shall hold their organizational meeting at 11:00 AM. The newly formed Board of Commissioners shall elect its Chairman and Vice Chairman as its first order of business. The County Manager shall preside until the Chairman is elected. The second order of business shall be the appointment of the Clerk to the Board and the County Attorney. (4) Agenda The Clerk to the Board shall prepare the agenda for the meeting. A request to have an item of business placed on the agenda, by a department or division director, or by a county -funded agency, must be received by 5:00 PM on Monday the day before the prior regular meeting. (Example: Agenda items for the second meeting of the month need to be submitted on Monday before the first meeting.) Any board member may, by a timely request, have an item placed on the agenda. The agenda shall include, for each item of business placed on it, as much background information on the subject as is available and feasible to reproduce. A copy of all proposed ordinances shall be attached to the agenda, if February 21, 2017 available to the Clerk. A copy of the agenda and attached materials shall be available for public inspection as soon as they are completed. Each board member shall receive a copy of the agenda. Copies may also be available for members of the press. (5) Guidelines for Resolutions and Proclamations Submitted to the Board for Consideration In accordance with a resolution adopted on September 1, 2009, all resolutions and proclamations submitted to the board for adoption must first receive sponsorship by a commissioner. Citizens shall submit information to county staff who will forward the documents to the Commissioners. When a board member consents to sponsor a resolution or proclamation, notification should be given to the County Manager or Clerk to the Board. (6) Public Address to the Board Any individual or group who wishes to address the Board, about a county related matter, should make a request to the Clerk to the Board to be on the agenda. In an effort to insure that all persons receive equal time for expression and to assist the staff in estimating meeting lengths, the following time limits will be observed. Appointments Before the Board A time limit of fifteen (15) minutes. Public Hearings A time limit of five (5) minutes. If a large number of individuals wish to speak, the chairman, or the board by majority vote, may set a total time limit for all speakers, with the time being divided equally between proponents and opponents. Public Comment Period A bine limit of three (3) minutes. A public comment period shall be held at the second regular meeting of the Board each month for citizens who desire to speak on matters relating to county government. If for any reason the Board cancels a meeting, or temporarily revises the meeting schedule, a public comment period shall be held at least once during the month as is required by state law. The following guidelines are to be used: • Thirty (30) minutes shall be allotted for the entire public comment period. • Citizens desiring to speak should complete a sign-up sheet that will be in the possession of the meeting's host (county department director). The host will be stationed at the entrance area of the building at 6:30 PM prior to each regular meeting. • Citizens will be acknowledged by the Board chair in the order in which their names appear on the sign -in sheet. Citizens will address the Board from the lectern with the microphone. They will begin their remarks by stating their name and address. • It is recommended that groups or delegations select their spokesperson in advance of the meeting. • Only one speaker will be acknowledged at a time. If the time period runs out before all persons who have signed up get to speak, those names will be carried over to the next Public Comment period at the next meeting or at the discretion of the Chairman to extend the time period. • Comments are to be directed to the Board as a whole. It is not intended to subject the Board to answering impromptu questions. • Citizens will be expected to be civil in their language and presentation and not engage in slander or name- calling. • Citizens should not discuss any of the matters which concern the candidacy of any person seeking public office, including the person addressing the Board; matters in current or anticipated litigation; matters which are closed session matters including but not limited to matters within the attorney-client privilege, personnel, property acquisition, matters which are made confidential by law. Speakers who have prepared written remarks or supporting documents are encouraged to leave a copy of such remarks and documents with the Clerk to the Board. • Citizens requesting to speak at the first meeting of the month shall be considered on a case-by-case basis; however, as much as possible, the public should utilize the Public Comment Period scheduled on the second meeting of the month. • Action, responses or comments by the Board on items brought up during the Public Comment Period will be at the discretion of the Board. At the request of a member of the board, the County Manager, County Attorney or other appropriate staff member present, may respond to a concern raised by a speaker during the public comment period, after the speaker is finished. • Information sheets outlining the process for the public's participation in board meetings will be available at the sign -in area and on the website. February 21, 2017 (7) Order of Business Items shall be placed on the agenda according to the "Order of Business." The Order of Business of each regular meeting will usually be as follows: I. Call to Order it. Invocation III. Pledge of Allegiance to the Glad IV. Adjustment of Agenda V. Presentation of Special Recognitions and Awards VI. Appointments Before the Board VII. Public Hearings, if there are any scheduled, at 7:00 PM VIII. Administrative Matters IX. Announcement of Vacancies Occurring on Board and commissions X. Appointments to Boards and Commissions XI. Unfinished Business XII. Public Comment Period (2nd meeting of the month) XIII. New Business XIV. County Manager's Report XV. Closed Session XVI. Adjourn By vote of the Board, items may be considered out of this order. Changes may be made by the Adjustment of the Agenda at the beginning of the meeting, or at any other time, the majority of the board members wish to make a change. (S) Election of the Chairman and Vice Chairman The Chairman and Vice Chairman of the board shall be elected annually and shall not be removed from the office of the Chairman or Vice Chairman unless he/she becomes disqualified to serve as a member of the board. (9) Powers of the Presiding Officer The Chairman shall preside at all meetings of the Board. A member must be recognized by the Chairman in order to address the Board. The Chairman shall have the following powers: 1. To rule motions in or out of order, including the right to rule out of order any motion patently offered by obstructive or dilatory purposes. 2. To determine whether a speaker has gone beyond reasonable standards of courtesy in his remarks and to entertain and rule on objections from other members on this ground. 3. To entertain and answer questions of parliamentary law or procedure. 4. To call a brief recess at any time. 5. To adjourn in an emergency. 6. To assign seats to board members. The board may adopt an alternate seating arrangement by majority vote. (10) Presiding Officer when the Chairman is in Active Debate The Chairman shall preside at meetings of the Board unless he/she becomes actively engaged in debate on a particular proposal, in which case another designated board member may be asked to preside. The Chairman shall resume the duty to preside as soon as action of the matter is concluded. (11) Action by the Board The Board shall proceed by motion. Any member, including the Chairman, may make a motion. (12) Second Not Required A motion shall not require a second. However, in the case where the County receives certain legal documents that require a motion and a second, then the Chairman shall call for a second to the motion. (13) One Motion at a Time Only one motion should be on the floor at a time. (14) Substantive Motion A substantive motion is out of order while another substantive motion is pending. (15) Adoption by a Majority Vote A motion shall be adopted by a majority of the votes cast, a quorum being present, unless otherwise required by these rules of the laws of North Carolina. (16) Debate February 21, 2017 The Chairman shall state the motion then open the floor to debate on it. The Chairman shall preside over the debate according to these general principles: (a) The introducer (member who makes the motion) is entitled to speak first. (b) A member who has not spoken on the issue shall be recognized before someone who has already spoken. (c) To the extent possible, the debate shall alternate between opponents and proponents of the measure. (17) Procedural Motions In addition to substantive motions, the following procedural motions, and no others, shall be in order. Unless otherwise noted, each motion is debatable, may be amended, and requires a majority vote for each vote taken. (a) To adjourn. The motion may be made only at the conclusion of action on a pending matter; it may not interrupt deliberation of a pending matter. It is not debatable and cannot be amended. (b) To take a recess. (c) To call to follow the agenda. The motion must be made at the first reasonable opportunity or it is waived. (d) To suspend the rules. The motion requires a majority vote of the members present, a quorum being present. (e) To divide a complex motion and consider it by paragraph or section. The motion is not debatable. If two or more separate matters are offered in one motion, the matters shall be voted on separately at the request of any member of the Board. (f) To defer consideration. A substantive motion whose consideration has been deferred expires 100 days thereafter unless a motion to revive consideration is adopted. (g) Call of the previous question. The motion is not in order until there has been at least 20 minutes of debate and/or every member has had one opportunity to speak on the main motion. It is not debatable and requires a two-thirds vote. After a meeting has been in session at least three hours on the same day, the motion is in order at any time during the debate. (h) To postpone an item to a certain time or day. (i) To refer to a committee. Sixty (60) days after a motion has been referred to a committee, the introducer may compel consideration of the measure by the entire Board, regardless of whether the committee has reported the matter back to the Board. 0) To amend. An amendment to a motion must be germane to the subject matter of the motion, but it may achieve the opposite effect of the motion. There may be an amendment to the motion and an amendment to an amendment, but no further amendments. Any amendment to a proposed ordinance shall be reduced to writing on the call of any member, including the Chairman. (k) To revive consideration. The motion is in order at any time one hundred (100) days after a vote to defer consideration of it. A substantive motion on which consideration has been deferred expires one hundred (100) days after being deferred, unless a motion to revive consideration is adopted. (I) To reconsider. The motion must be made by a member who voted with the prevailing side. The motion must be made at the same meeting at which the original vote was taken. The motion cannot interrupt deliberation on a pending matter but is in order at any time before adjournment. (in) To rescind or repeal. (n) To ratify. (o) No consideration for six months. When a substantive motion has been defeated, the board shall not consider that motion again for six months, except on the motion of a member who voted with the prevailing side, or who was absent from the meeting at which the original vote was taken. (p) Withdrawal of a motion. (q) Point of Order. The motion is not debatable. (r) Appeal a ruling of the Chair. (s) To adjourn the meeting to a certain time, date, and place (fix the time to which to adjourn). (18) Duty to Vote Each member must vote unless excused by a majority vote according to law. A member who must be excused from voting because of a legal requirement shall so inform the Chairman, who will take a vote of the remaining members. If a person is not excused from voting as described above and does not audibly vote, then the inaudible vote shall be counted with the affirmative vote. (19) Introduction of Ordinances February 21, 2017 7 A proposed ordinance shall be deemed to be introduced at the first meeting for which it is placed on the agenda, regardless of whether it is actually considered by the board, if it is prominently identified on the agenda through the use of asterisks, underlining, or other similar printing devices. (20) Adoption of Ordinances To be adopted at the meeting at which it is first introduced, an ordinance or any action with the effect of an ordinance (except the budget ordinance, any bond order, or any other ordinance on which a public hearing must be held before the ordinance may be adopted) must receive the approval of all members of the Board of Commissioners. If the proposed ordinance is approved by a majority of those voting but not by all members of the board, or if the ordinance is not voted on at the meeting, it shall be considered at the next regular meeting of the Board. If it then or at any time thereafter within one hundred (100) days of its introduction received a majority of the votes cast, a quorum being present, the ordinance is adopted. (21) Adoption of the Budget Ordinance Notwithstanding the provision of any general or local act: 1. Any action with respect to the adoption or amendment to the budget ordinance may be taken at any regular or special meeting of the board by a simple majority of those present and voting, a quorum being present. 2. No action taken with respect to the adoption or amendment of the budget ordinance need be published or is subject to any other procedural requirement governing the adoption of ordinances or resolution by the board. 3. The adoption and amendment of the budget ordinance and levy of taxes in the budget ordinance are not subject to the provisions of any local act concerning initiative of the referendum. During the period beginning with the submission of the budget to the Board and ending with the adoption of the budget ordinance, the Board may hold any work session meetings that may be necessary to complete its work on the budget ordinance. Any provisions of the law concerning the call of special meetings does not apply during that period so long as each member of the Board has actual notice of each work session meeting called for the purpose of considering the budget. Notices of budget work sessions may be construed to be budget work sessions set by the Board at the same meeting the budget ordinance is distributed to the Board members or at any subsequent meeting, and the Board members shall consider this proper notice. The Board may consider other matters of business provided all Board members are present: or if any are absent, if he/she has been notified that other business matters will be discussed. The Board will not act on the following subjects during the budget work sessions: 1. Adoption of the budget 2. Levy of a tax 3. Enter into debt (22) Closed Sessions The Board may hold closed sessions as provided by law. It shall commence a Closed Session by a majority vote and terminate a session in the same manner. (23) Quorum A majority of the membership of the Board of Commissioners shall constitute a quorum. The number required for a quorum shall not be affected by vacancies. If a member has withdrawn from a meeting without being excused by a majority vote of the remaining members present, the member shall be counted as present for the purpose of determining whether a quorum is present. The board may compel the attendance of an absent member by ordering the Sheriff to take the member into custody. (24) Public Hearings Public hearings required by law or deemed advisable by the board shall be organized by a special order, adopted by a majority vote, setting forth the subject, date, place and time of the hearing as well as any rules regarding the length of time of each speaker, etc. Unless otherwise provided by the special order, each speaker shall be limited to five minutes for a public address. If a large number of individuals wish to speak, the Chairman, or the Board by majority vote, may set a total time limit for all speakers, with time being equally divided between proponents and opponents of an issue. At the appointed time, the Chairman or designee shall call the hearing to order and then preside over it. When the allotted time expires or all persons who wish to speak have spoken, the Chairman or designee shall declare the hearing ended. (25) Quorum at Public Hearings A quorum of the Board shall be required at all public hearings required by state law. (26) Minutes Minutes shall be kept of all meetings of the Board, and the following procedures shall be used for adoption. (a) Adoption of the briefing and regular minutes shall occur at the next regularly scheduled meeting. Budget session minutes shall be adopted at the next regularly scheduled meeting or as soon thereafter as is practical. February 21, 2017 (b) Closed Session minutes shall be adopted "on the spot" and shall be sealed automatically. Authorization shall be given to the County Manager to periodically review the sealed minutes to determine if the need for confidentiality continues to exist. Should confidentiality no longer be needed, the County Manager may unseal the Closed Session minutes. (c) A copy of the adopted and unsealed minutes shall be sent to the North Carolina Department of Cultural Resources/Division of Archives and History for microfilming. (27) Appointments The board will use the following procedure to make appointments to various subordinate boards and offices: A. The Chairman of the Board will announce the vacancies occurring on the boards and commissions submitted by the Clerk to the Board— twice yearly— 60 days in advance of the term expiration. All committee terms will end on June 30 or December 31. The Board of Commissioners encourage 75% attendance but attendance rules shall be adopted into by-laws and enforced by each individual committee. B. At the next regularly scheduled meeting following the announcement of the vacancies, the Chairman shall open the floor to nominations. All members shall put forward names of possible appointees. If there is only one nomination made for each vacancy, then the motion will be made to close the nominations and appoint those persons by acclamation. C. If there is more than one nomination for a vacancy, the names shall be published in the minutes by the Clerk to the Board, and then at the next regular meeting of the Board the nominees will be debated. When the debate ends, the Clerk to the Board shall call the roll of the County Commissioners and each commissioner called shall cast his/her vote. The votes shall not be tallied until each member has voted. The nominee(s) who rceeive(s) the highest number of votes shall be appointed. If more than one appointee is selected, then each member shall have as many votes as there are positions to be filled. A member may cast all of his/her votes or less than all of them, but cannot vote for a nominee more than one time. To break tie votes on nominations: The Board will vote again at the next regular meeting scheduled if all members are present, or if all members are not present, the vote will be taken at the first Tuesday of the monthly meeting regardless of absences. (28) Reference to Robert's Rules of Order, latest edition To the extent not provided for in these rules and to the extent that the reference does not conflict with the spirit of these rules, the Board shall refer to Robert's Rules of Order, latest edition, for unresolved procedural questions. Revised: February 21, 2017 August 7, 2012 December 8, 2009 September 1, 2009 October 18, 2005 April 3, 2001 Request from the Clerk to the Board for approval of minutes form the meeting on February 7, 2017: There were no changes or adjustments. This item was placed on the consent agenda. Request from the Planning Division staff for approval of a text amendment to the Land Development Code: Smith said the current main objective is how much of an explanation should be given at the regular meeting. Planning Director Matthew Todd said the staff report is included in the agenda packet. There was some concern, at the last meeting, about clay and sand extraction. Therefore, under set- backs, it includes sand and clay extraction with a 50 foot set -back. The number didn't change, it is just clarifying that group is in the set -backs. The Planning Board changed the 300 foot set -back for the blasting, crushing of rock, and processing of stone to 500 feet from any property lines. The February 21, 2017 9 100 foot from perineal streams is new from the current code. There was an issue to establish a blasting line, but unfortunately blasting line is not an industry term. Therefore, a requirement was written that would direct either board, that may be involved in approving, that the minimum set- back from blasting operations for adjacent uses including residential, non-residential farm uses, shall be reviewed and may be established during the approval process. Which simply means the boards will look at these on a case-by-case basis. Chairman Mallory clarified that special use requests appear before the Board of Adjustment, who makes the final decision, but does not appear before the Commissioners. Conditional use requests appear before the Planning Board and then the County Commissioners. Todd said that is correct for special use. There is no large scale M2 in the County. If this use comes to the County, it will trip the requirements to rezone. The code does not require a conditional rezoning, but from a staff perspective it will be recommended to be conditional. At that point it will go before the Planning Board and then to the Board of Commissioners who can stipulate any additional conditions regarding set -backs. It will still go to the Board of Adjustment who is required to abide by the conditions set by the Board of Commissioners. Commissioner McNeely reported he had recently talked to two companies that do blasting and each time there is a blasting event it must be noted where the closest dwelling is located. Vice Chairman Bowles asked if the conditional use should be noted in the ordinance to give citizens protection for future boards. Todd said there is a safety net, even if the entire staff changes. If someone requests a straight rezoning for M2, then all the Board has to do is deny and instruct staff to make it conditional. The Board of Commissioners has the authority to deny any straight rezoning. Valdez recommended that the zoning ordinance not require a zoning to M2 be a conditional zoning process. It is more appropriate as a policy in the 2030 Plan that says any large scale zoning to M2 shall be processed. Technically it is the applicants call to try for a straight rezoning or conditional zoning, but the Board of Commissioners ultimately holds the key. Chairman Mallory said that once it is turned down, the applicant is out for a year. Valdez clarified that the ordinance contains a conditional zoning process which is legislative. The conditional use process is a quasi-judicial procedure which is the same quasi- judicial procedure that is applied to the Board of Adjustment. Vice Chairman Bowies stated that the Board of Commissioners do not want to set a plan in place that the Board of Adjustment can give variances to. Valdez said the Board of Adjustment can be more restrictive but they can't be lenient on what has been approved. A variance request would not be part of the special use process. That would be a completely separate process because of geography, etc. where a variance would be warranted. Chairman Mallory said the additional language will put anyone on notice. Valdez said the threshold for the Board of Adjustment, along with the required evidence, is a high burden to meet. February 21, 2017 10 Commissioner McNeely stated that he strongly feels #4 under Mining and Quarrying should also contain the words, "and/or blast lines of blasting operations..." He feels it will be hard to negotiate something that's never been there. Chairman Mallory feels it wouldn't hurt to add that. Todd said it is speaking about the blast lines but those words could be put in parenthesis. Valdez suggested to add, "the blast line, which shall be defined as the minimum set -backs of blasting operations from adjacent uses ..." Vice Chairman Bowles asked if the Planning Division can administrate and enforce the new changes or if this Board is creating something that will be impossible to enforce. Todd said it is doable and enforceable. Commissioner Houpe asked about existing operations in reference to #3. Todd said it will not affect an existing site but the requirements must be met with a new site or expansion. Commissioner Houpe asked to change #1 under R53 from 200 to 300 feet from any residential. This item will be voted on at the regular meeting. Vice Chairman Bowles asked if the Elmwood surveys would be kept on file. Todd said yes. Chairman Mallory suggested to reference those documents in order to be found when researching in the future. The Board moved into Closed Session at 6:00 PM. Following the Closed Session the Board recessed at 6:45 PM until the regular session at 7:00 PM. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES February 21, 2017 The Iredell County Board of Commissioners met in regular session on Tuesday, February 21, 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 February 21, 2017 I 1 Staff present: County Manager Ron Smith, County Attorney Lisa Valdez, Deputy County Manager Beth Jones, Finance Director Susan Robertson, 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 and to remember Commissioner Bowles's family after the loss of his mother on Monday. PLEDGE OF ALLEGIANCE led by Chairman Mallory. PRESENTATION OF SPECIAL RECOGNITION & AWARDS Recognition of Mrs. Amy Rhyne, Principal of East Iredell Elementary, who has been named Principal of the Year for the South West Region: Chairman Mallory stated that it is with pleasure to recognize Mrs. Amy Rhyne who has been named the Principal of the Year for 2016/17 for Iredell Statesville Schools and the Principal of the Year for the Southwest Region. She will be competing with other regional finalist for the Principal of the Year for North Carolina on March 3, 2017. (Rhyne joined Mallory in front of the audience.) Mallory stated that Mrs. Rhyne is one of the leaders in her profession. Mrs. Rhyne, also, presides over a very unique, dual language program where students are immersed in Spanish and English. This program has more students trying to get in than there are seats. All students are offered resources to empower and motivate them with skillsets, not only in technology but social skills, leadership skills, work ethics and values that future employers are looking for. Rhyne has, also, taken available resources and creatively applied them to enable and inspire teachers. Rhyne expressed her gratitude and said that she maybe the face but she is not the story because it all has to do with the students and teachers she works with. She is committed to do her best at the State level in order to bring the honor back to her school. ADJUSTMENTS TO THE AGENDA County Manager Ron Smith reported the following adjustments: Move the Public Comment period prior to the Administrative Matters. OTION by Commissioner Gene Houpe to adopt the agenda as amended. VOTING: Ayes — 5; Nays — 0 APPOINTMENTS BEFORE THE BOARD (None) PUBLIC COMMENTS Chairman Mallory opened the Public Comment period. Tammy Wilcox, 140 Wilcox Carriker Lane, Statesville, expressed her thanks and appreciation to the Planning Department, Matthew Todd, and Jake Lowman for helping the Elmwood Group through this process. February 21, 2017 12 Melissa Neader, 634 Elmwood Road, Statesville expressed appreciation to the Board for listening and reviewing the materials provided. She also expressed appreciation for the opportunity to speak during this process. Chairman Mallory closed the Public Comment period and thanked the Elmwood Group for the multiple presentations, involvement, and commitment to the democratic process. ADMINISTRATIVE MATTERS Request from the Planning Division staff for approval of a text amendment to the Land Development Code: Planning Division Director Matthew Todd said the set -backs for asphalt plants was 200 feet from any residential zoning district and it has increased to 300 feet. The 100 feet from commercial and 50 feet from industrial stays the same. These are measured from the property line of the use to the inside. In R56 there were several changes — add the verbiage of clay and sand with the extraction part and have a 50 foot set -back. The blasting, crushing of rock, processing of stone has increased to a 500 foot set -back from the property line. The set -back from perineal stream stays at 100 feet. There's an additional set -back with no exact number associated with it, but the intent is to draw attention to a rezoning process for M2. The Board would have the option to look at surrounding land uses, residential, farm uses, and other commercial uses to determine if there is a need for a blasting line. Also, security fencing for blasting operations has increased to 8 feet. Commissioner Houpe expressed appreciation to staff and citizens. Vice Chainnan Bowles said the Board is making a text amendment change which is basically a guide -line on paper. When an industry comes to this county it will be site specific with planning and development. Staff and boards will take a hard critical look at all of the information. This Board is committed to the citizens' way of life as well as trying to attract industry. Commissioner McNeely said the Board has listened and expressed his appreciation to the citizens. Commissioner Norman thanked staff for working with the Elmwood Community. Chairman Mallory expressed appreciation to Elmwood Strong for taking a county -wide approach with their concerns. He added that the language of the text amendments will allow future boards to be able to look at any issue or consideration and take into account the survey results and all facts before making a decision. However, this Board has no control over annexation by any municipality, but will send a letter to all municipalities alerting them to the changes in county regulations. MOTION by Commissioner Houpe to approve the text amendment as presented by staff with the following revisions: under section R53- Asphalt and Concrete, Sections Al, the minimum set -back from any residential zoning district shall be changed from 200 to 300 feet. R56, A4, shall be revised to read, "the blast line which shall be the minimum set -back of blasting operations from the adjacent uses (residential, non-residential, and farm uses) shall be reviewed and may be established during the approval process in the future." VOTING: Ayes — 5; Nays — 0 Chairman Mallory recessed the Board for five minutes at 7:33 PM. February 21, 2017 13 ADMINISTRATIVE MATTERS (cont.) County Manager Ron Smith summarized the following items for the consent agenda: • Request from the Iredell County ECOM to pursue a grant from NC 911 Board for the construction of the Public Safety Facility in the amount of $4.6 million. The total project will be well over $10 million and this grant will be extremely helpful. • Request from Tax Administration for approval of the January 2017 Refunds and Releases. • Request by Administration for adoption of the updated Rules of Procedure with the change that will allow for the suspension of rules based on the majority of the members present. • Request from the Clerk to the Board for approval of minutes from the meeting on February 7, 2017. MOTION by Commissioner McNeely to approve the consent agenda. VOTING: Ayes — 5; Nays — 0 ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS (None) APPOINTMENTS TO BOARD AND COMMISSIONS Board of Equalization and Review (6 Appointments) MOTION by Vice Chairman Bowles to appoint Mike Loftis as Chairman, Carl Lombardo as Vice Chairman, Don Daniel, Thomas Connelly, Mike Brotherton, and Dan Howard as Alternate. VOTING: Ayes — 5; Nays — 0 Iredeil Statesville School Facilities Task Force (7 Appointments) Chairman Mallory said all applicant information has not been received. MOTION by Commissioner Houpe to continue these appointments until March 7. VOTING: Ayes — 5; Nays — 0 UNFINISHED BUSINESS (None) NEW BUSINESS (None) COUNTY MANAGER'S REPORT County Manager Ron Smith distributed the agenda packet for the Winter Retreat scheduled for Thursday, February 23 and Friday, February 24. However, all information is not included but will be given out at the meeting. Smith asked to recognize Bill Jeter, from the audience, who has been promoted to Supervisor in ECOM. Jeter has an infectious personality and always make other people feel good. CLOSED SESSIONS February 21, 2017 14 Chairman Mallory recessed the Board into Closed Session at 7:46 PM. The Board returned to open session at 8:40 PM with the following motions: MOTION by Vice Chairman Bowles to extend the time period in which to execute a contract with Roush & Yates Racing Engines, LLC by 180 days and re -approve an economic incentive of $74,905.00 over a five-year period on the company's investment of $3,550,000. VOTING: Ayes — 5; Nays — 0 OTION by Commissioner McNeely to extend the time period in which to execute a contract with Kooks Custom Headers, Inc. by 180 days and re -approve an economic incentive of $65,832.00 over a five-year period on the company's investment of $3,120,000.00. VOTING: Ayes — 5; Nays — 0 OTION by Commissioner Houpe to extend the time period in which to execute a contract with Structure Medical, Inc. by 180 days and re -approve an economic incentive of $63,300.00 over a five-year period on the company's investment of $3,000,000. VOTING: Ayes — 5; Nays — 0 ADJOURNMENT MOTION by Commissioner Houpe to adjourn at 8:45 PM. (The next meeting will be Tuesday, March 7, 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 Date Approved Retha C. Gaither, Clerk February 21, 2017 15