HomeMy WebLinkAboutJuly_18_2017_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
PRE -AGENDA MINUTES
July 18, 2017
The Iredell County Board of Commissioners met in pre -agenda session on Tuesday, July
18, 2017 at 4:00 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, Assistant County Manager Susan Robertson, Finance Director Debra Alford,
Strategic Planner Ben Stikeleather, and Clerk to the Board Retha Gaither.
CALL TO ORDER: Chairman James Mallory called the meeting to order but then moved
the Board into Closed Session for the purpose of discussing a property acquisition G.S. 143-318.11
(a) (5).
The Board returned to open pre -agenda session at 5:00 PM.
ADJUSTMENTS TO THE AGENDA: County Manager Ron Smith said there were no
adjustments but would like to move Item XI.1 as the first topic.
UNFINISHED BUSINESS
Request from Fire Services to meet with Mount Mourne VFD personnel to ensure
that information regarding funding from the FY17 tax increase is allocated in accordance
with the Board of Commissioners' directives: Steve Robbins, Steve Knox and Matt Harrington
from Mount Mourne Volunteer Fire Department addressed the Board.
Chairman Mallory stated this is just a discussion on how to manage and how to look into
the future with the Town of Mooresville to avoid two fire stations being built within a quarter of a
mile of each other.
Robbins said there have been open discussions with Chief Deaton and Board members of
the Mooresville Fire Department. There is a school just to the south of Mount Mourne and it is in
the city limits but it doesn't make sense for Mooresville Fire Department to come from Highway
21/Brawley School Road to the school for a medical call. That is how the one and a half mile
response area was developed, which is around all three stations. The closest truck is put on the
scene. Whether it is in the County or town, both departments may go because there is an obligation
to respond. However, the service is delivered in a very efficient manner. That was the first step
moving forward with the growth in the area. Langtree has stalled a little and Bridges Farm Road
is going forward, but when roads are being built and footings are being dug, the two departments
have stated that the agreement can be changed if needed. The two boards along with staff are
willing to work on the best options.
July 18, 2017
Commissioner Houpe said that when the tax increase was approved the Board of
Commissioners was looking for something more formal. However, there seemed to be some
misunderstandings on both sides. To clarify, Mount Mourne and Mooresville have been working
with a mutual aid, just without a formal written agreement.
Robbins said that is correct. The one and a half mile aid has been going for three to four
years.
Commissioner Houpe clarified that if the mutual aid had not been in effect then Mount
Mourne would not have a 4 rating.
Robbins said that is correct.
Commissioner Houpe feels this Board just wants to make sure it is clear down the road,
especially with all of the development. It is important to have a formal discussion with
Mooresville, and maybe with the entire south end, about changes because of growth. The current
mutual aid with Mooresville is more of a practice than a written agreement.
Robbins said yes and no. There is a mutual aid agreement in place with the County. It is in
writing. Mooresville Fire Department's previous administration did not sign it. However, it is
being worked through now. A draft has been sent to Mooresville but Mount Mourne's Board has
not had an opportunity to review it. If Mooresville is ok with the language then Mount Mourne
will most likely sign it as well. The departments have been operating under the pretense that it had
been signed but it was more of just a hand shake. However, that is being rectified.
Commissioner Houpe said that when the previous Board of Commissioners held the tax
revenues it wasn't in punishment, it was to make sure that discussions were in place with
Mooresville.
Robbins said there has been a shift in the culture within local fire departments. It used to
be territorial but no longer. The collaboration is better than ever in running calls, and training as
well, which is part of the rating obligations. Mount Mourne was able to lower the rating from 7 to
4 and Mooresville lowered theirs to class 1.
Vice Chairman Bowles asked if any other departments have the one and a half mile
agreement with Mooresville.
Robbins said Lake Nonnan has some type of agreement because of the annexed property
at Bloom Road but cannot answer for other stations.
Chairman Mallory asked about the relationship with the Town of Davidson.
Robbins said Mount Mourne has a service -for -service agreement and a signed mutual aid
agreement with them. They provide mutual aid for Mount Mourne from the county line to Langtree
Road on any structure fire. Mount Mourne responds with them on the interstates. On the interstates,
departments travel north and south. Mount Mourne responds to automatic alarms and structure
fires and travels to Concord Road which is basically the main square in Davidson.
Chairman Mallory asked, hypothetically, if Mooresville annexed all of the property around
the station where would Mount Mourne station move to.
Harrington said they would have to go in two directions at once — toward Langtree or
Williamson Road and Shearers Road or Presbyterian Road.
July 18, 2017 2
Vice Chairman Bowies said that during a previous term on the Board of Commissioners,
Mount Mourne asked for a half cent tax increase but it was not approve. Former Commissioner
Johnson reported that the reason for the request was because Mount Mourne did not have any
money to make a contract with Mooresville.
Knox said that was not part of that conversation. Mount Mourne wanted the half cent to
continue to provide the services by having personnel in the station and a minimum of three on the
truck.
Vice Chairman Bowles clarified that the money will be used for personnel.
Knox said yes.
Commissioner McNeely asked if the most recent request for another half cent is because
of the revenue stream or is it a projection that both requests were needed going forward.
Robbins said the half cent that was held has been spent. The operating budget was based
on six cents so when the fiscal year was closed it was anticipated that the revenue was there. The
other half cent was in anticipation of additional needs to meet all employment laws and be
consistent with three to four people on the truck at any given time.
Commissioner McNeely stated there seems to be a pattern of requests for another half cent
and asked if that would be continuing.
Robbins stated that the request from five and a half cent to six cent covered the radio fees
and a third person on the truck. The next request for another half cent was to get in -line with labor
laws and another person for the truck. The requests are really not trending and feel six and a half
cent will sustain the department. Mount Mourne is between three schools and the largest employer
in Iredell County. Traffic dictates the staffing. Moving forward, debt will be paid. The building is
aging and needs some updating. Therefore if the revenue increases to six and a half cent next year,
it put three to four people around the clock, in-line with employment and labor laws, and should
be able to operate accordingly.
Harrington said the issues with the labor act is being addressed and is about 85% complete
Vice Chairman Bowles said Mount Mourne is the only department that has mentioned the
labor act and is wondering if the Board can expect other departments to follow.
Harrington said there have been three law suits, within the State, where a volunteer fire
fighter, working an hourly shift, won a lawsuit after suing the department for running calls when
he was not on the clock.
Commissioner Norman asked what happens to the territory if Mooresville builds a station
on Langtree Road.
Harrington said it does not change the territory it just puts a station on the edge of it. The
territory stays the same and they still have a legal obligation to cover it. It is hopeful to have a
conversation before they would build such a station.
Robbins said there has been some preliminary discussions concerning that but until that
infrastructure is actually built it is hard to determine what needs to be done, such as placing a truck
at Mount Mourne.
July 18, 2017
Chairman Mallory said split -basing trucks will come before building new structures.
Knox said a plan was agreed upon many years ago but it was never signed by both parties.
Chairman Mallory said this kind of dialog needs to happen. This Board and the Town of
Mooresville can help facilitate a meeting but are not the subject experts. The fire departments need
to inform the boards if they want the help and the departments need to be pro -active and fully
engaged looking toward the future.
Vice Chairman Bowles stated that the development at Bridges Farm Road is going to
happen along with the east/west connector. Bowles is predicting that not only does Mooresville
need to house a truck at Mount Mourne, but Mooresville probably needs to build a station on
Langtree as they may need both stations for no other reason than to travel east and west. If that
happens and Mooresville has annexed so much of the Mount Mourne district to the point of
needing to move to a different location, would Mount Mourne consider working something with
Mooresville? If Mooresville built Mount Mourne a new station, would Mount Mourne give
Mooresville the current station?
Harrington said nothing is off the table. It is not about the fire fighters, it is about the people
who pays for the service.
Smith reported that EMS says there is a need for an ambulance in that area as well.
Vice Chairman Bowles explained that the $66,000 is being held in a fund balance in the
Mount Mourne Fire District. The Mount Mourne Fire District is a voted -in fire district and is a
separate entity from the county wide fire district. The County Commissioners take the money from
that fire district and contract with Mount Mourne Fire Department for services.
Commissioner Houpe believes Mount Mourne is proceeding in the right direction and the
revenue should be released.
Chairman Mallory said the mutual aid agreement needs to be signed.
Commissioner McNeely asked if the $66,000 would be a lump sum or given over a few
months.
Finance Director Debra Alford said it can be delivered any way the Board designates.
Smith said it is generally dispersed monthly but this is last year's and can be given in a
lump sum.
Chairman Mallory suggested to release the funds as soon as the agreement is signed. The
current funding will be monthly.
Robbins asked if it would be the entire six cents.
Smith said it is currently being held as well. There is $66,000 from FYI and five and a
half is being allocated monthly from FYI 8, unless the Board wants to proceed with six cents in
FY18.
Chairman Mallory believes the department has done a lot, in good faith, to move forward
and does not feel the department should be put at risk with current operating expenses. However,
the previous funds will still be tied to the previous request for signatures on documents.
July 18, 2017 4
Smith said the ceiling is six cents which has been approved but it is not what is being
allocated. The decision is whether to go back and allocate the whole from last year and start
allocating up to the six cents this year.
Chairman Mallory suggested to allocate the six cents from this year, but still hold the
$66,000 until documents are signed.
Robbins thanked the Board for this conversation and stated they would be more than happy
to come again for open discussion.
ADMINISTRATIVE MATTERS
Request from the Project Manager for approval of a contract with Mission Critical
Partners to manage the tower project at the new Public Safety Center: Project Manager David
Saleeby stated that as the project moves forward there must be a tower. To stay on schedule, the
total amount is in the CIP for $115,940 with Mission Critical Partners. MCP has been excellent
over the past one and a half years on all six phases. They are also leading the grant efforts with
ECOM. MCP is ready to take over engineering, design, procurement services, construction
administration, oversight, and commissioning which means connections tie over and everything
for the new tower is in unison with ECOM. Both will happen in the spring of 2019. The request is
to approve a contract with MCP, all of which has been reviewed by the departments and legal.
This item was placed on the consent agenda.
Request from Fire Services to appoint Judy Stonestreet to 611 the vacancy on the West
Iredell VFD Relief Fund Board of Trustees: Fire Services Director Kent Greene said this is a
request from WIVFD to appoint Judy Stonestreet as a replacement for John Byers who recently
passed away. Appointments to the Relief Fund are always made by the Board of Commissioners.
This item was placed on the consent agenda.
Request from the Health Department for approval of revisions to the fee policy and
to the Clinical Services and Environmental Health Fee Schedules: Health Department Finance
Administrator Bill Griffith stated that the fee schedule and policy is brought to the board annually
for approval. The documents were presented to the Board of Health in June. The majority of
changes have resulted from state program audits and recommendations. Other changes are simply
for clarification. Increases for clinical services are due to rising costs of obtaining those items.
Commissioner Houpe asked if the fee schedule is from state recommendations and/or
comparisons with other counties. Also, are the fees neutral or to make a profit.
Griffith said fees are required to be cost based but not to profit.
This item was placed on the consent agenda.
Request from the Finance Department for approval of BA #1 and lottery fund
applications for Iredell-Statesville Schools: Iredell-Statesville Schools Kenny Miller said there
are three lottery applications for approval. Two are for reimbursements for payments that have
already been made from the fund balance. One is the Parkertown final payment and one is a
payment to Energy United for a DDC control lease/purchase agreement. The third is for an
additional four tennis courts at North Iredell High School due to the construction project.
This item was placed on the consent agenda.
July 18, 2017 5
Commissioner McNeely asked about the $25,000 for the Harmony drainage project.
Miller said the Board of Education has not discussed it. There were other pressing matters
at the last meeting and the Board ran out of time, therefore, it was tabled. There is a contingency
fund that would be able to take care of the issue.
Chairman Mallory asked about the Facilities Task Force.
Miller said it is going very well. They have completed the MGSD presentation and will
begin ISS's presentation at the next three meetings. As a consensus is built, projects will be put in
line and phases.
Request from the Finance Department to award a 3 -year janitorial agreement to
American Facility Services, Janiking and Rainbow Janitorial: Purchasing and Contracts
Manager Dean Lail said a formal modified request for proposal was sent out. Janitorial companies
sent qualification packages and separate price proposal packages. The qualification packages were
opened and reviewed by a team of evaluators. The evaluators returned the scores which were then
compiled. Facility Services Mark Casey and Lail opened the price proposals and associated those
to the evaluators. At that point a recommendation was made for the three companies listed. Two
companies are brand new to the county but Rainbow has worked here for a number of years. The
Hall of Justice has been pulled because the janitorial duties will be a full time facility services
employee.
Commissioner Houpe asked about Government Center South and a full time custodian.
Smith said a position was not allocated in this budget but maybe next year. However, a
discussion with Facility Services Director Robert Woody is to spend more time overseeing at that
location.
Chairman Mallory asked how many different contractors there have been.
Lail said there have been several in the past but most recently it's been just two or three.
Commissioner Norman asked who checks behind the company and if they are paid if the
job is not done.
Mark Casey said more time will be allocated to supervision.
Vice Chairman Bowles asked if the County owns any cleaning equipment.
Lail said no.
This item was placed on the consent agenda.
July 18, 2017
To recognize revenue from NC Lottery and Appropriate to Iredell-Statesville Schools for
reimbursement of portion of annual payment for land on Parkertown Road, $216,022,
$184,901 for addition of tennis courts at North Iredell Nigh School, and $99,975 for Debt
BA#1
Service controls and lighting upgrades at multiple schools.
7/18/2017
Account #
Current Budget
Chane
Amended Budget
104700 457101
Lottery Proceeds - ISS
-
(500,898)
(500,898)
105700 560004
Iredell-Statesville Lottery Proceeds
-
500,898
500,898
Commissioner McNeely asked about the $25,000 for the Harmony drainage project.
Miller said the Board of Education has not discussed it. There were other pressing matters
at the last meeting and the Board ran out of time, therefore, it was tabled. There is a contingency
fund that would be able to take care of the issue.
Chairman Mallory asked about the Facilities Task Force.
Miller said it is going very well. They have completed the MGSD presentation and will
begin ISS's presentation at the next three meetings. As a consensus is built, projects will be put in
line and phases.
Request from the Finance Department to award a 3 -year janitorial agreement to
American Facility Services, Janiking and Rainbow Janitorial: Purchasing and Contracts
Manager Dean Lail said a formal modified request for proposal was sent out. Janitorial companies
sent qualification packages and separate price proposal packages. The qualification packages were
opened and reviewed by a team of evaluators. The evaluators returned the scores which were then
compiled. Facility Services Mark Casey and Lail opened the price proposals and associated those
to the evaluators. At that point a recommendation was made for the three companies listed. Two
companies are brand new to the county but Rainbow has worked here for a number of years. The
Hall of Justice has been pulled because the janitorial duties will be a full time facility services
employee.
Commissioner Houpe asked about Government Center South and a full time custodian.
Smith said a position was not allocated in this budget but maybe next year. However, a
discussion with Facility Services Director Robert Woody is to spend more time overseeing at that
location.
Chairman Mallory asked how many different contractors there have been.
Lail said there have been several in the past but most recently it's been just two or three.
Commissioner Norman asked who checks behind the company and if they are paid if the
job is not done.
Mark Casey said more time will be allocated to supervision.
Vice Chairman Bowles asked if the County owns any cleaning equipment.
Lail said no.
This item was placed on the consent agenda.
July 18, 2017
Request from the Finance Department to appoint Susan Cornell as Deputy Finance
Director: Finance Director Debra Alford stated as a result of her own recent promotion it is
requested to promote Susan Cornell to Assistant Finance Director. Per state statute this
appointment will be for a Deputy Finance Director in order to transact business in the absence of
the Finance Director.
This item was placed on the consent agenda.
Request from the Finance Department for approval of a three-year lease with Dalton
Campbell for a Solid Waste Convenience Site: Solid Waste Director David Lambert said Solid
Waste has operated a convenience site at 66 West Memorial Highway since 1989. The former
property owner passed away and the new owner, Dalton Campbell, wishes to continue with the
same lease.
This item was placed on the consent agenda.
Request from the Planning Department to resume a tabled matter from the May 16,
2017 meeting concerning a release of zoning and subdivision jurisdiction of the John Clontz
Family LLC property to the Town of Mooresville: Planning Director Matthew Todd said a new
site plan was submitted. The applicants are showing a new connection to Bridge Water Lane and
have turned some of the lots interior to front into the development which are the two main items
that were requested.
group.
Commissioner Houpe asked if a meeting has been scheduled with the Ponderosa Drive
Vice Chairman Bowles stated that Mr. Colavita doesn't feel there is a need for a meeting.
Chairman Mallory believes the issue is having to socialize this with the neighbors so when
it came for a vote, the neighbors will have had time to express specific concerns. The major issues
have been addressed, but the neighborhood is expecting to be involved and ask questions. One
question now will be sequencing — will the new entrance be the first thing built so it is used for
construction.
Commissioner McNeely said this board can release ETJ but then Mooresville can do
whatever they want.
Commissioner Houpe said the contractor has corrected the issues so why would he not
want to share that with the neighbors.
Commissioner Norman has a problem with the developer not meeting with the people that
have lived there all their lives.
Vice Chairman Bowles said the developer did that with a community meeting, the public
hearing, and now the corrected site plan.
Commissioner Houpe said this board is just now seeing this new drawing and the
neighborhood hasn't seen it at all.
Chairman Mallory doesn't believe two weeks will prejudice their timeline with the Town
of Mooresville. Mallory believes that citizens should be able to view the new site plan and ask
questions which can be accomplished soon. Procedurally the motion to release the ETJ is on the
table and therefore there needs to be a motion to remove it from the table, then move to the
July 18, 2017 7
substantive issue of whether or not to grant the ETJ. If it is left on the table it can be reviewed
again in 2 weeks.
Smith said a meeting was discussed but felt that directive should come from this board.
Commissioner McNeely said the board did not tell the developer to have another meeting
but to create another entrance and for it look more contained without infringing on the old
community. Both of those things have been done.
Commissioner Houpe said the board needs more time because the new site plan was just
distributed. Houpe is willing to meet with the developer and the neighbors need to know.
Commissioner McNeely said multiple emails suggests that the neighbors have already seen
this pian.
Todd said the plan was sent by email.
Vice Chairman Bowles feels this has been thoroughly discussed and does not feel another
meeting is necessary. The public hearing was closed and a directive was given in June.
Commissioner Houpe said personally he is resistant to releasing ETJ to anyone. If any
municipality wants to annex then they should just do it.
Vice Chairman Bowles asked for the board's opinion of the best option for that piece of
property — developed under Mooresville's guideline or Iredell County's.
Commissioner Houpe said the best option is under Mooresville's standards but there is no
guarantee it will be annexed and no guarantee they will require them to do the various things
mentioned. Houpe's vote without a meeting is not to release ETJ.
Commissioner Norman agreed with Houpe.
Vice Chairman Bowles' vote would be to release ETJ now.
Commissioner McNeely's vote would be to release.
Chairman Mallory's vote would be to leave it on the table and take it up again in two weeks.
If a vote was required today it would be against releasing ETJ which means it is totally off the
table and it would go into the annexation process in December.
This item was not added to the consent agenda and will be voted on at the 7:00 meeting.
Request from the NCACC to appoint a voting delegate for the Annual Conference on
August 10-13, 2017: County Manager Ron Smith said Commissioner McNeely is registered to
attend the conference.
This item was placed on the consent agenda.
Request from Tax Administration for approval of June refunds and releases: County
Manager Ron Smith said all of these were in order.
This item was placed on the consent agenda.
July 18, 2017
Releases for the month of June 2017
Monthly Total $ 3,710.49
Breakdown of Releases:
$
County
$
Solid Waste Fees
$
2,808.38
Statesville Solid Waste Fees
$
-
Mooresville Solid Waste Fees
$
-
Davidson Solid Waste Fees
$
83.04
E. Alex. Co. Fire #1
$
-
Shepherd's Fire #2
$
44.13
Mt. Mourne Fire #3
$
-
All County Fire #4
$
246.74
B&F Fire #5
$
39.90
Statesville City
$
26.81
Statesville Downtown
$
-
Mooresville City
$
378.79
Mooresville Downtown
$
-
Mooresville School
$
120.81
Love Valley
$
-
Harmony
$
-
Troutman
$
44.93
Davidson
$
-
Refunds for the month of June 2017
Monthly Total $0.00
Breakdown of Refunds:
County
$
Solid Waste Fees
$
-
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
$
B&F Fire #5
$
-
Statesville City
$
-
Statesville Downtown
$
-
Mooresville City
$
-
Mooresville Downtown
$
-
Mooresville School
$
-
Love Valley
$
-
Harmony
$
Troutman
$
-
Davidson
$
-
NC Vehicle Tax System Refunds
June 2017
Breakdown of NCVTS Refunds:
County
(173.90)
E. Alex. Co. Fire #1
$
Shepherd's Fire #2
$
Mt. Mourne Fire #3
$
All County Fire #4
$
(16.51)
B&F Fire #5
$
23.80
Statesville City
$
83.04
Statesville Downtown
$
-
July 18, 2017 9
Mooresville City
S (356.24)
Mooresville Downtown
S -
Mooresville School
S (120.14)
Love Valley
S -
Harmony
S -
Troutman
S -
Davidson
S -
Monthly Total
$ (559.95)
Request from the Clerk to the Board for approval of minutes from the meeting on
June 20, 2017: There were no corrections.
This item was placed on the consent agenda.
NEW BUSINESS
Request from Administration to discuss the closing of Sigmon Road: Strategic Planner
Ben Stikeleather said Sigmon Road is off Highway 70, near Third Creek Road. Over the last three
or four years there have been multiple complaints about the condition of Sigmon Road. The
concerns are that emergency vehicles and general traffic are directed down that road by navigation
systems and they get stuck in the deep mud holes. Neighbors have towed vehicles out and the
County has pulled ambulances out as well. The same property owner owns a large portion on both
sides of the road. It is basically a paper right-of-way with a dirt road that is not state maintained.
Further down Sigmon there is a portion that is state controlled. The property owner initially
expressed some desire to abandon the right-of-way but since changed his mind and complaints
have continued. Legal counsel has found some statutory authority that the Board can close the road
without permission from the adjoining property owners. Stikeleather tried to drive down the road.
It is truly impassable and is not just a wet weather ditch. Another option is to contact NCDOT to
inquire about signage stating the road is closed and/or impassable. NCDOT was contacted and
approved signage as long as it met their specs. Google maps has been contacted requesting that
road be removed from navigation systems. The new CAD with ECOM will have a functionality
that will allow a road to be removed from emergency navigation. Therefore, the recommendation
is to try the signs first. If issues continue then the Board would have to pass a resolution with the
intent to close the road and hold a public hearing. There are houses that are accessed from Third
Creek so this will not hinder anyone's access. If the Board closes the road, the right-of-way will
revert back to the property owner.
Valdez said the statues gives the property owner the right to appeal to Superior Court if he
wants to challenge the closing.
Smith said a motion should be made at 7:00 to give direction for the signage.
COUNTY MANAGER'S REPORT
County Manager Ron Smith spoke on the following items:
• There are some contract issues with the Huntersville Dispatch. It will be discussed on
August 1.
• The restoration of the Government Center was to begin this weekend but the removal of
the shrubs must be approved by the Statesville Design Review Committee.
July 18, 2017 10
• Tuesday, June 25, is the Report to the People at the Agricultural Center.
The Board recessed at 6:45 PM until the regular meeting at 7:00 PM.
IREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
July 18, 2017
The Iredell County Board of Commissioners met in regular session on Tuesday, July 18,
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, Assistant County Manager Susan Robertson, Finance Director Debra Alford,
Strategic Planner Ben Stikeleather, and Clerk to the Board Retha Gaither.
CALL TO ORDER by Chairman Mallory.
INVOCATION: Chairman James Mallory asked everyone to bow their heads for a
moment of silence.
PLEDGE OF ALLEGIANCE led by Chairman Mallory.
ADJUSTMENTS TO THE AGENDA
County Manager Ron Smith said there were no adjustments.
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
Recognition of Raymond Burnette, retiree from Vehicle Services: Chairman Mallory
asked Mr. Raymond Burnette and his family to join him down front. Mallory expressed his
appreciation to Burnette for his many years of service and his dedication to his job. Mallory
presented Burnette with a plaque.
Burnette thanked friends and family and stated his joy and appreciation for this position
with the County. He is looking forward to giving more time to his many hobbies and family.
APPOINTMENTS BEFORE THE BOARD
Request from Iredell Council on Aging, Inc. to present the proposed FY 2018 HCCBG
funding plan: Council on Aging Director Anna Rice presented the proposed FY funding for the
Home and Community Care Block Grant.
Chairman Mallory asked if it is possible to know if the increase in elderly is a function of
a large baby -boomer generation, or lower birth rates, or having children at a later age, or even that
it could be more retirees moving to Iredell County.
July 18, 2017 11
Rice feels it is not one single factor but a combination of all of those. However, there is a
large influx of retirees coming to the South Iredell Senior Center. When asked, the clients say they
followed their children who relocated for work.
MOTION by Commissioner Houpe to approve the FY 2018 funding.
VOTING: Ayes — 5; Nays — 0
Presentation from Meredith Hinson, Iredell Youth Delegate to Youth Voice:
Extension Agent Nancy Keith introduced Meredith Hinson who will be representing Iredell
County with Youth Voice at the NCACC Annual Conference in August.
Hinson said Youth Voice gives youth the chance to speak with elected officials and give
opinions about local issues. She went on to talk briefly about 4-H, its meaning and its positive
impact in Iredell County.
Carleen Crawford, NC Regional Tobacco Control Manager would like to recognize
Iredell County for exceptional accomplishment in tobacco prevention and control for smoke-
free government buildings and grounds: Health Director Jane Hinson introduced Carleen
Crawford who is the Regional Tobacco Control Manager.
Crawford thanked the Board on behalf of the Region 4 Tobacco Free Alliance which is
comprised of I 1 health departments, health professionals, and other organizations who have an
interest in promoting healthier communities through tobacco free living. Crawford shared
health/death statistics associated with tobacco. She presented Chairman Mallory with the
Transforming Health Achievement Award. This award recognizes Iredell County for exceptional
accomplishments in tobacco prevention and control for smoke-free government buildings and
grounds.
PUBLIC HEARINGS
Public hearing for the consideration of an economic development incentive for Project
Tea presented by Russ Rogerson: Economic Development Director Russ Rogerson said the
Statesville Regional Development is proud to present Project Tea and their plans to construct a
new facility in Statesville. They are a North Carolina textile manufacturing company. If selected,
Project Tea will build up to a 200,000 square foot facility and install production lines over the next
five years. The project will create 212 new full time jobs and generate $27.8 million in new
investment. This project expects to be operational by June of 2018. The request is to grant an
incentive in the amount $503,000 to Project Tea based on the increased taxes generated by its
investment of $27.8 million over a five year period of time.
Chairman Mallory opened the public hearing.
No one from the audience wished to speak.
Chairman Mallory closed the public hearing.
MOTION by Commissioner McNeely to approve an economic incentive not to exceed
$503,000 over a five year period based on the company's investment of $27.8 million and
contingent upon a contract being executed within 180 days.
VOTIN: Ayes — 5; Nays — 0
July 18, 2017 12
Public hearing for the consideration of an economic development incentive for Project
Harmony presented by Christopher Younger: MSIEDC Business Development Director
Christopher Younger stated that the Mooresville South Iredell Economic Development
Corporation is proud to announce Pactiv, LLC's potential plan for expansion and production to
their 400,000 square foot facility in the Mooresville Business Park at 314 Mooresville Boulevard.
They manufacture food packaging and food service products and supply to such companies as
McDonaids, Wendy's, Wal-Mart, and Kroger. Pactiv has been located in Mooresville since 1997
and currently employ over 300 full time employees. They plan to add a new production line which
will create 12-16 new full time positions and generate $3 - $5.5 million in tax investment. The
project is expected to be complete by April 2018. This request is for an incentive between $58,200
and $106,700 to be granted to Pactiv over a five year period based on their investment between $3
and $5.5 million.
Chairman Mallory opened the public hearing.
No one from the audience wished to speak.
Chairman Mallory closed the public hearing.
OTION by Commissioner Houpe to approve the economic incentive totally between
$58,200 and $106,700 over a five year period based on the company's investment between $3
million and $5.5 million and contingent upon a contract being executed within 180 days.
VOTING: Ayes — 5; Nays — 0
ADMINISTRATIVE MATTERS
County Manager Ron Smith summarized the consent agenda items as follows:
• Request from the Public Safety Complex Project Manager for approval of a contract with
Mission Critical Partners to manage the tower project at the new Public Safety Center. This
is a necessary improvement to move the ECOM staff on-time with the conclusion of the
construction project.
• Request from Fire Services to appoint Judy Stonestreet to fill the vacancy on the West
Iredeil VFD Relief Fund Board of Trustees.
• Request from the Health Department for approval of revisions to the fee policy and the
Clinical Services and Environmental Health Fee Schedules.
• Request from the Finance Department for approval of BA #1 in the amount of $598,000
and lottery fund applications for Iredell- Statesville Schools.
• Request from the Finance Department to award a 3 -year janitorial agreement to American
Facility Services, Janiking and Rainbow Janitorial for all county -owned buildings.
• Request from the Finance Department to appoint Susan Cornell as Deputy Finance Director
which is necessitated by the promotion of Debra Alford to Finance Director.
• Request from the Finance Department for approval of a three-year lease with Dalton
Campbell for a Solid Waste Convenience Site in North Iredell.
• Request from the NCACC to appoint a voting delegate for the Annual Conference on
August 10-13, 2017. Commissioner McNeely has been delegated.
• Request from Tax Administration for approval of June refunds and releases.
• Request from the Clerk to the Board for approval of minutes from the meeting on June 20,
2017.
July 18, 2017 13
OTION by Commissioner Norman to approve the consent agenda.
VOTING: Ayes — 5; Nays — 0
Request from the Planning Department to resume a tabled matter from the May 16,
2017 meeting concerning a release of zoning and subdivision jurisdiction of the John Clontz
Family LLC property to the Town of Mooresville: Chairman Mallory said this matter was
discussed at the pre -agenda. The public hearing was held on May 16 and there was considerable
discussion about various concerns. Based on feedback the Board gave, the developer has revised
the site plan and addressed two major issues that were raised. Those changes include an additional
egress/regress and the realignment of some lots to face inward in the development. The new plan
was given to the Board on July 12. It is the consensus that the new plan was in good faith and met
most of the previous issues. However, it has not been socialized or shared with the local residents
so that they understand what is being proposed. The majority believes this matter should be left on
the table and continued for two more weeks to allow staff, the developer, and the neighborhood to
share the latest information. Procedurally the ETJ was placed on the table and to retrieve it requires
a motion. A motion to retrieve is not a motion to release the ETJ.
OTION by Vice Chairman Bowles to remove this item from the table.
VOTING: Ayes — 2 (McNeely, Bowles); Nays — 3 (Mallory, Norman, Houpe)
Chairman Mallory said this item will remain on the table until August 1. At that time
another motion will be entertained to remove it from the table and vote on the substantive issue.
Mr. Todd will work with all parties to coordinate a meeting for discussion of the new site plan.
ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS
APPOINTMENTS TO BOARD AND COMMISSIONS
JCPC — 4 appointments. Michael Hotze with Parks/Rec will replace June Tutterow and
David Call will replace Joe Cooke. Retha Gaither and Justin Longino have volunteered to serve.
MOTION by Commissioner Norman to appoint those volunteers.
VOTING: Ayes — 5; Nays — 0
Farmland Preservation — I reappointment. Charles Carter has volunteered to serve again.
OTION by Commissioner McNeely to reappoint Charles Carter.
VOTING: Ayes — 5; Nays — 0
UNFINISHED BUSINESS
Request from Fire Services to meet with Mount Mourne VFD personnel to ensure
that information regarding funding from the FY17 tax increase is allocated in accordance
with the Board of Commissioners' directives: Chairman Mallory stated Mount Mourne
representatives were present at the pre -agenda meeting.
OTION by Vice Chairman Bowles to release the remains of the FYI 7 allocation of the
taxes collected from the Mount Mourne Fire District to the Mount Mourne Volunteer Fire
Department upon receipt of a signed mutual aid agreement between Mount Mourne and the Town
July 18, 2017 14
of Mooresville and further at such time the County shall release the FYI allocations at the full
collected tax rate of six cents to that district.
VOTING: Ayes — 5; Nays — 0
PUBLIC COMMENT
No one from the audience wished to speak.
NEW BUSINESS
Request from Administration to discuss the closing of Sigmon Road: This was
discussed at the pre -agenda meeting.
MOTION by Commissioner Houpe to direct staff to pursue signage alternatives for both
sides of Sigmon Road off Highway 70 and Third Creek Road and allocate necessary funding for
the purchase of the signage that meet NCDOT standards.
VOTING: Ayes — 5; Nays — 0
Request from the Planning Department to conduct a general discussion of Vacation
Rentals and a Nuisance Ordinance regarding grass height: Planning Director Matthew Todd
said a request has been made to review two topics. The first is vacation short-term rentals. The
issue is the short-term rental of single family residential structures. Typically common on the coast
and the mountains. It has become a fairly high demand around Lake Norman. According to a rental
website, there are approximately 270 within the County's jurisdiction. Again, these are homes
either owned by a family and rented out for a weekend or it could actually be owned by a company
that does nothing but short-term rentals. Events such as weddings, retreats, etc. are considered
violations because the ordinance has specific language to address such events which require special
use permits. Currently the straight -up rental of these units does not violate the ordinance from a
zoning perspective. Some of the concerns are related to noise and septic systems. Environmental
Health stated that if the system isn't failing then there is nothing that can be done. There is nothing
in the building code that can stipulate the number of bedrooms in a structure. There are a lot of
legal issues to navigate if the Board decides to try and regulate. A lot of the issues stem from the
behavior of the renters which is not something zoning can address. On the surface it may seem
simple but it is actually very difficult to regulate. Research has shown that many counties do not
regulate these uses. Catawba County is hearing the same things and are reviewing. Lincoln County
did some research in 2012 but decided not to pursue. Cornelius does regulate with special
legislation. Huntersville requires a permit only. Permitting is basically just a registry and not
related to zoning.
Commissioner Norman said he receives more complaints about neighbors not mowing their
lawns.
Vice Chairman Bowles said he receives tons of calls concerning short-term rentals. He
suggested that the Planning Staff create something that could bring some relief to the neighbors.
Some groups that are staying just for the weekend seem to have no respect for home owners next
door. Bowles asked the County Attorney if a property zoned R-20 is allowed to have these short-
term rentals.
July 18, 2017 15
Valdez said zoning doesn't currently have anything to regulate that. The problem is trying
to regulate ownership and occupancy and not the use. The discussion has been around how to
distinguish vacation rental as a specific use in the zoning ordinance while it is built and designed
as a single family resident. It is a fine line with zoning regulating who is in the house versus the
actual structure.
Todd said the aspect of the code that would allow regulation is that if it is supposed to be
a single family structure and the owner adds multiple dwelling units within one structure then it is
a violation. Zoning cannot control anything based on the ownership aspect. There just doesn't
seem to be the right tools to really handle the regulation of rentals.
Commissioner Houpe said conduct and noise needs to fall on law enforcement. However,
nuisance, grass, trash, etc. does need to be pursued.
Vice Chairman Bowles stated that septic systems have to come to the top of the ground in
order to trigger an issue. Systems have time to rest between weekend large groups but they are
causing undue heartache for the neighborhood.
Commissioner McNeely said groups coming in on Friday and leaving by Sunday would be
hard to regulate since county government works Monday through Friday.
Todd believes the problem is people being loud and obnoxious. From a zoning standpoint,
if there is a violation, there is a 30 -day notice to fix the problem. Then if the problem is not
corrected there is a $100 fine and another $100 for each day after.
Commissioner Houpe asked if that fine could be increased to make it cost prohibitive to
risk the violation.
Valdez said that if there is a violation with the zoning ordinance and a notice is sent then it
must be pursued in court in order to place a lien on the property.
Todd said there are many dwellings that are not causing problems so it would be hard to
separate between the two.
Vice Chairman Bowies asked if the Planning staff and legal staff could continue to research
for a way to address this issue.
Chairman Mallory believes that would be the correct step but also to expand the circle to
include law enforcement.
Vice Chairman Bowles asked how many different addresses the complaints are about.
Todd said less than ten. There are many three and four bedroom homes that are being rented
but are not usually the ones that cause problems. It is the larger homes that attract larger groups.
Commissioner McNeely suggested creating a data base of those rentals in order to have the
owner's name and information.
Todd said that is the route some counties are taking in order to have a contact person.
July 18, 2017 16
Commissioner McNeely said this could be a slippery slope and could create a whole new
department within county government just to regulate and monitor.
Todd said one of the mountain counties created and put a policy in place but has since
abandoned enforcement because of the man power issue.
Commissioner Houpe said there is a noise ordinance already in place. The Sheriff may be
able to handle that.
Chairman Mallory said that is the one tool that may give some relief to property owners.
He suggested the Sheriff put those properties on higher visibility for those issues.
Commissioner Houpe asked for a list of properties that are causing such problems.
Todd said a lot of municipalities have a grass ordinance in place and it is regulated between
12 and 18 inches in height. Typically they have a contractor on call who will mow the lawn after
notice has been sent. Many jurisdictions also have high outstanding unpaid fees and then the
municipality must go through the lien process. Many counties do not regulate, but Mecklenburg
does regulate grass height. There are concerns on dirt yards which is also unappealing. Just
resolving the grass issue may not totally resolve the neighbors' concerns.
Commissioner McNeely asked if the concerns are for the "yard" next door or the "field"
next door. In the country it could be a pasture, a yard, or maybe it is going to be cut for hay, etc.
which leads to many questions.
Commissioner Houpe said the complaints have been about rats and snakes because the high
grass is within so many feet of an occupied dwelling. When pests are adversely affecting neighbors
it needs to be addressed.
Commissioner Norman said there are many complaints about piles of trash as well.
Vice Chairman Bowles said those properties will have to be declared a nuisance and then
determine the proper clean-up.
Commissioner Houpe suggested staff research procedures in other counties. It should
include grass height, trash, and anything that is a public health nuisance or vision within so many
feet of an occupied dwelling.
COUNTY MANAGER'S REPORT
County Manager spoke on the following items:
• There had been a request from the Town of Huntersville to dispatch their police
department calls. This is in review.
• The restoration and security improvements of the Government Center will begin as soon
as the City approves the removal of the shrubs.
• The Report to the People will be Tuesday, July 25
CLOSED SESSIONS
OTION by Commissioner Houpe to enter into Closed Session at 8:50 PM.
July 18, 2017 17
VOTING: Ayes — 5; Nays — 0
The Board return to open session at 9:35 PM.
MOTION by Commissioner McNeely to call for a public hearing on Tuesday, August 15,
at 7:00 PM regarding an economic development incentive of $94,090 over a five year period for
Project Victory based on a $4,850,000 investment in Iredell County.
VOTING: Ayes — 5; Nays — 0
ADJOURNMENT
OTION by Chairman Mallory to recess at 9:40 PM until Tuesday, July 25, at 6:00 PM
for the Report to the People, at the Iredell County Agricultural Center, 444 Bristol Drive,
Statesville. (The next regular meeting will be Tuesday, August 1, 2017, 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
July 18, 2017 18