HomeMy WebLinkAboutNovember_7_2017_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
PRE -AGENDA MINUTES
November 7, 2017
The Iredell County Board of Commissioners met in pre -agenda session on Tuesday,
November 7, 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, 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.
ADJUSTMENTS TO THE AGENDA: County Manager Ron Smith made the following
adjustment:
Add: Closed Session — Economic Development G.S. 143-318.11 (a) (4)
APPOINTMENTS BEFORE THE BOARD
Request from Partners Behavioral Health for financial assistance to 5' Street
Ministries: Regional Director Jeffrey Eads stated the PATH program was implemented by 5°i
Street in 2002 with financial support from the federal government and flows through Partners
Behavioral Health. However, late last year, the federal government discontinued that funding. The
State made some decisions to channel the money toward larger urban areas such as Durham and
Mecklenburg Counties. Partners is now working with 5'" Street to become a provider of Medicaid
Services in order to bill for services. This request is for approval to use $153,176.85 of Partners
fund balance, which will help 5`h Street through the remainder of the year. The goal is for billing
to begin July 1, 2018. Eads explained further that 5"' Street does an assertive outreach to homeless
by street outreach, word of mouth, and referrals. Once a client is voluntarily engaged, 5`h Street
begins case management to ensure basic needs are met, such as food, shelter, and clothing. If an
individual is unable to stay at the shelter, they can use the PATH house for showers, laundry, to
fix a simple meal, to come in from the elements, get a state issued identification, plus physical,
mental, and dental health needs. 5°i Street also assists with the individual obtaining supplemental
nutrition, social security benefits, employment, transportation, and permanent housing. In addition
there is a basic life skills training.
Commissioner Houpe asked if the request is for an additional $153,000.
Eads said no, this is money already in Partners account.
Commissioner Houpe asked if anyone else in the County is providing the same services as
5`h Street.
Eads said no, they are the only one.
November 7, 2017
Commissioner Houpe stated that this is another un -funded mandate by the State. He asked
if Partners has asked the municipalities for contributions.
Commissioner Norman clarified that this money will come from funds already allotted to
Partners.
Eads said Partners has $614,000 of county funds that has been saved because it was not
spent. Partners has always been very judicious in spending.
Commissioner Houpe feels that once the State sees that the County picks up this tab for
this year, then next year will not be funded as well. Even though this money is from savings, it is
still from the tax payers and the municipalities should be asked to contribute. Houpe feels local
legislators should be contacted to help convince the State to give the money back to Iredeil County.
Eads said Partners has always worked directly with counties and have not made funding
requests to municipalities.
Commissioner McNeely asked about the funding in the next fiscal year.
Eads said traditional 5"' Street has operated with grant dollars but Partners is training them
to bill Medicaid for the services they provide. Therefore, Medicaid dollars will be used. This
particular request will be a bridge fund and 5` Street has no pretenses that it will be on-going or
sustainable.
Chairman Mallory suggested to begin the billing process on January I or as soon as
possible. Also, to review the expenses of 5"' Street to see if there are places of potential marginal
reductions. One of those items could be transportation, they could possibly use ICATS.
Commissioner Norman asked if Ben Stikeleather could research this funding and reach -
out to the legislators.
Stikeleather said he would definitely check into it.
This item will be discussed further at the 7:00 regular meeting.
PUBLIC HEARINGS
Request from ICATS to conduct a public hearing and consider the adoption of the
2019 Public Transportation Program Resolution: ICATS Director Bradley Johnson said there
are five different grants available which will be done with one capital application. One grant, for
5307 operating fund, is generated by ICATS from a federal formula that is based on miles with
50% from revenue miles in the urbanized area, 25% from the population in the urbanized area, and
25% from the population times the population density for the urbanized area which means ICATS
generates almost $1 million per year but it flows through and allotted by CATS (Charlotte). That
means Iredell County receives only about $255,000. ICATS is working to remove this formula.
The federal government only makes allocations to direct recipients and CATS is the direct
recipient and has final say on project funding. They have not funded any capital request items
because they do not want to have system over -sight. If a vehicle is purchased with a life expectancy
of seven years then CATS has oversight of that purchase for seven years which CATS does not
want. Therefore, the federal government has allowed this. There was a conversation with Region
4 about the formula in order for Iredell County to become a director recipient. Currently, CATS is
the only means to obtain that funding. The system boundaries for urbanized areas are very
complicated which basically follows I-77 up to I-40. For instance, Shelton Avenue has one side
that is urbanized and the other side is considered rural. There are multiple approved ways to
November 7, 2017 2
identify a trip but if any trip has a leg that lands in the urbanized area then it can be labeled an
urbanized trip. Urbanized trips received 40 cents on the mile but rural trips are only 4 cents on the
mile.
Chairman Mallory said this is an absurd formula and should be addressed with the CRTPO
and the federal legislative team.
Commissioner McNeely said CRTPO would be difficult in that the majority of votes are
from Charlotte.
Chairman Mallory suggested that Johnson and Commissioner McNeely research who
would be the best person to talk about this funding formula.
Johnson said there are 12 vehicles slated for replacements. Seven vehicles were requested
for replacement last year and six were denied. Therefore, the vehicle fleet is pressed further into
the end of life list. Also, the cost of vehicles increased by $25,000. Part of the request will include
"fare boxes" which will allow riders to transfer to either CATS, MTS, CK in Concord or
Greenways. Another part of the grant will be used for advanced and baseline technology needs.
Request from Planning & Development to conduct a public hearing to consider a
request (Case #1710-1) from Alan Demanske to rezone approximately .8 acres on
Mecklenburg Highway from Residential Agricultural (RA) to Residential Office (RO):
Planning Director Matthew Todd said the Planning Board voted 7-0 to recommend approval. There
has been no opposition. The request is for a residential office which can be used for office type
settings. There are other commercial and residential zoning in the general area.
Chairman Mallory stated the Board has discussed deferring decisions for at least two weeks
to pursue additional information or to resolve any issues. However, this particular item has a 7-0
vote from the Planning Board and there has been no opposition. Mallory suggested to make a
decision on this item tonight if no one attends the public hearing.
The Board agreed.
Request from Planning & Development to continue a public hearing to consider a
rezoning request (Case #1708-2) from Teramore Development: Planning Director Matthew
Todd said this is a continuance. The Planning Board voted 5-2 for approval.
ADMINISTRATIVE MATTERS
Request from the Parks and Recreation Department for approval of BA #13 for
$132,200 to accept a donation of land and building from the East Iredell Lions Club:
Parks/Rec Director Michelle Hepler thanked David Fitzgerald from East Iredell Lions Club, for
attending the meeting. The East Iredell Lions Club voted unanimously to donate eight acres and
their 2,292 sq. ft. community building to Iredell County Parks and Recreation. Therefore, Parks
and Rec is seeking approval to accept this donation. The acceptance of the property will require
some upgrades and minor work in order to open it to the public. The work would include an HVAC
system, electrical, gravel entrance and parking lot, replacing floor tile, paint, and cosmetics. The
community could then rent and use this the building. The building also has the potential for
expansion which could be used for department office space needs. An estimated annual operating
cost is $11,300. The Scotts Rosenwald Park has already reached their estimated revenue for this
fiscal year. The trends indicate the more community citizens become aware of that type of facility
the more they use it. The opportunity the Lions Club is giving Parks and Recreation speaks to how
well the Scotts Rosenwald donation has been handled. This donation will provide such a facility
November 7, 2017 3
on the east side of Iredell which current does not have one. There is also a ball field on the property
where community members have played in the past. There is definitely space for a ball field or
multi-purpose field as well as a playground, walking trail, etc. Recreational costs were not included
in the estimated operational costs.
Chairman Mallory said this will be a boom to the community and wants to continue the
legacy of the East Iredell Lions Club.
This item was placed on the consent agenda but Chairman Mallory suggested that it should
be highlighted at the 7:00 regular meeting.
BA#13
To recognize the donation of land and building to the Parks and Recreation department and
transfer funds to make improvements to the building.
Account#
for Children TASK program.
Current Budget
Chane
Amended Budget
104655 481210
Donations
Amended Budget
(132,200)
(132,200)
105655 601000
Land
(67,000)
771840
77,840
105655 605000
Building
-
84,360
84,360
10545590 532615
General exterior repairs
80,000
(20,000)
60,000
105655 537508
Contracted Services
75,040
(10,000)
65,040
Request from the Finance Department for approval of BA #14 to accept and
appropriate an additional $17,000 in the Juvenile Crime Prevention Council Level 11
Funding to Barium Springs TASK (Treatment Alternatives for Sexualized Kids) Program:
Finance Director Deb Alford said this request is for JCPC. Iredell County has been awarded an
additional $17,000 for TASK funding which is the estimated cost of one child in the program.
Approval of the budget amendment will allow the funds to flow through to JCPC.
This item was placed on the consent agenda.
BA#14
To recognize additional Level 11 JCPC Funds and appropriate for Barium Springs Nome
11/7/2017
for Children TASK program.
Account #
Current Budget
Chane
Amended Budget
394486 434125
JCPC Level 11 Disposition Fund
(50,000)
(17,000)
(67,000)
395486 563500
Level 11 TASK Program
50,000
17,000
67,000
Request from the Finance Department for approval of a three year consulting services
agreement with MGT of America, Inc. for $7,700 annually: Finance Director Deb Alford said
an indirect cost report is submitted annually by a consultant. This report helps with federal funding
for DSS and the Health Department. The contract is for three years which is ready to renew. MGT
of America has been the consultant since 2008 who has done an excellent job.
This item was placed on the consent agenda.
Request from the Finance Department for approval of a three-year lease renewal with
Partners Behavioral Health for space at the Health Department Complex: Purchasing and
Contracts Manager Dean Lail said this is a request to deviate from the standard lease renewal with
Partners Behavioral. Partners has requested to move from a one-year annual renewal to three -years
to alleviate some of the work done each year to obtain signatures, etc.
This item was placed on the consent agenda.
Request from the Finance Department to accept the high bid for 1226 Williams Road,
Statesville, acquired through tax foreclosure and authorization to finalize the sale: Purchasing
November 7, 2017
and Contracts Manager Dean Lail said a high bid offer of $7,525 has been received and payment
has been made electronically. The request is for the Board to accept this bid and then the County
Attorney will proceed with the closing.
This item was placed on the consent agenda.
Request from the Finance Department for adoption of a resolution to sell property
acquired through and authorization for the Purchasing and Contracts Manager to conduct
an electronic auction on GovDeals: Purchasing and Contracts Manager Dean Lail said another
piece of property has been acquired through tax foreclosure. Delinquent taxes and fees are
$12,940.87. The request is to adopt the resolution to sell this property and authorize Lail to conduct
the sale. Lail also requested authority to lower the starting price and re -auction if the first auction
price does not close. The recommendation for the first auction is $14,300 which will cover taxes
and fees.
This item was placed on the consent agenda.
RESOLUTION AUTHORIZING THE PUBLIC AUCTION OF CERTAIN REAL ESTATE
WHEREAS, the County of Iredell has acquired a parcel of land located at 360 Forest Hollow Drive,
Statesville, NC, 28677; and
WHEREAS, North Carolina General Statute § 160A-270 permits the County to sell real property at public
auction upon approval of the County Board of Commissioners and after publication of a notice announcing the
auction;
THEREFORE, THE IREDELL COUNTY BOARD OF COUNTY COMMISSIONERS HEREBY
RESOLVES THAT:
1. The Iredell County Board of Commissioners authorizes the sale at public auction on GovDeals Online
Surplus Auction site of the parcel of land located at 360 Forest Hollow Drive, Statesville NC, 28677.
2. The auction will commence on or after December 11, 2017 at the GovDeals online surplus auction site,
vvvvvv.1-m deals.com, and cease no less than fourteen days thereafter.
3. The terns of the sale are:
a. That the property is sold in its current condition, as is, and the County gives no warranty with
respect to usability of the property; and
b. The buyer must pay amount of bid in full at time of auction close as per requirements set forth
on the GovDeals bid site. This amount will be held in escrow by GovDeals until either the
Board of Commissioners rejects the buyer's bid or, if the Board of Commissioners accepts the
high bid, the closing of the sale.
4. After close of the auction, the high bid for each parcel shall be reported to the County Board of
Commissioners. The Board will accept or reject the bid within 30 days after the bid is reported to it during
a regularly scheduled meeting. No sale may be completed until the Board has approved and accepted the
high bid which, once accepted by The Board, becomes final and no funds shall be refunded.
5. Iredell County reserves the right to withdraw any listed property from the auction at any time before the
auction sale of that property.
Request from Planning & Development to adopt a resolution of Intent calling for the
closure of Fern Valley Way and Moss Creek Way and call for a public hearing to be held on
December 2, 2017: Planning Director Matthew Todd said this request is to call for a public hearing
for the closure of Fern Valley Way and Moss Creek Way which is a subdivision that was platted
in 2005. The roads were never developed and all of the lots are owned by the same individual who
November 7, 2017
is asking for the closure of the roads in order to recombine the lots. No other property owners will
be affected by this request.
This item was placed on the consent agenda.
RESOLUTION OF INTENT BY THE BOARD OF COUNTY COMMISSIONERS, IREDELL COUNTY,
NORTH CAROLINA, TO CLOSE A PORTION OF DELAWARE ROAD (SR 1519).
WHEREAS, NC General Statute 153A-241, grants this Board the power to adopt a Resolution of Intent and
close a public road not within a municipality; and
WHEREAS, Delaware Road (SR 1519), which is recognized as a 60' right-of-way and was formerly
recognized as (SR 15), as it was depicted in the plat recorded on June 25, 1968, and
WHEREAS, the portion of the road to be closed is located adjacent to Iredell County Parcel Identification
Number 4715-12-6343; and
WHEREAS, the section of road right-of-way that the petitioners seek to close is 1,149 feet in length, 60 feet
in width and begins and ends within the confines of the property owned by the petitioners; and
WHEREAS, the property is shown on the survey map drawn by Ketchie Surveying, dated --------September,
24,2017 ------- consisting of a 0.21 acres of land; and
WHEREAS, the affected land owners, Sidney Crawford and Donna Crawford consent to the closure of this
portion of said road pursuant to G.S. 153A-241; and
WHEREAS, the closure of a portion of said road is not contrary to public interest and no individual owning
property on said road would be deprived of reasonable means of ingress and egress to his/her property.
NOW, THEREFORE BE IT RESOLVED by the Chairman and Members of the Board of County
Commissioners of Iredell County, North Carolina, that they do hereby declare their intention to close a portion of the
public road herein described, and do call a special hearing on the question to be heard on the 5" day of December,
2017, at 7:00 p.m. in the Commissioners Meeting Room of the Iredell County Government Center (Old Courthouse)
at 200 S. Center Street, Statesville, North Carolina; and that a copy of this resolution be posted, published and mailed
as required by G.S. 153A-241.
Request from Planning and Development to call for a public hearing on December 5,
2017 regarding proposed text amendments to the Land Development Code: Planning Director
Matthew Todd said this request is concerning text amendments and to call for a public hearing on
December 5. The first amendment pertains to performance requirements which lists specific uses
and additional requirements. The next is within Chapter 5 pertaining to landscaping exceptions.
This chapter was overhauled last year but a few issues have risen. Emergency Services may have
problems viewing the road with some the landscaping requirements. Therefore, exceptions have
been made for emergency services buildings. Another exception pertains to driveways for
emergency services access. Chapter 9 and I 1 deal with the conditional zoning process and the
change will make it a little more flexible with conditional use. The Planning Board voted 7-0 to
recommend all of the amendments
Chairman Mallory feels the section pertaining to solar farms should be reviewed and
possibly change the classification to some type of industrial use and require a rezoning.
Todd cautioned the potential to spot zone. This type of use will locate in rural areas. Most
jurisdictions issue special use permits which are designed for something that might not directly fit
but with additional conditions and the quasi-judicial process, it could work.
November 7, 2017
Commissioner McNeely disagrees with the reclassification. He likes the idea of this being
heard by the Board of Adjustment.
Chairman Mallory said this needs to be reviewed holistically if it is this the highest and
best use of land in Iredell County. The solar farm portion should be reviewed separately from the
amendments currently being proposed.
This item was placed on the consent agenda.
Request from Planning and Development to make a decision in regards to a request
to release zoning and subdivision jurisdiction of five parcels on Shearers Road to the Town
of Mooresville: Planning Director Matthew Todd reminded the Board this is the five parcels on
Shearers Road to release ETJ.
This item was not placed on the consent agenda. The vote will be taken at the 7:00 meeting.
Request from Planning and Development to make a decision in regards to a request
to release zoning and subdivision jurisdiction of 16.124 acres to the Town of Mooresville:
Planning Director Matthew Todd reminded the Board this is also a release of ETJ.
This item was not placed on the consent agenda. The vote will be taken at the 7:00 meeting.
Request from the Clerk to the Board for approval of minutes from the meeting on
October 17, 2017: There were no corrections.
This item was placed on the consent agenda.
Chairman Mallory moved the Board into Closed Session at 6:15 PM
The Board recessed from Closed Session at 6:50 PM
IREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
November 7, 2017
The Iredell County Board of Commissioners met in regular session on Tuesday, November
7, 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 Stikeieather, and Clerk to the Board Retha Gaither.
CALL TO ORDER by Chairman Mallory.
INVOCATION: Chairman Mallory asked everyone to bow their heads for a moment of
silence and to remember our fellow country men and women affected by the recent tragic events
in New York and Texas.
November 7, 2017
PLEDGE OF ALLEGIANCE led by Chairman Mallory.
ADJUSTMENTS TO THE AGENDA
County Manager Ron Smith made the following adjustments:
Add: Closed Session — Economic Development G.S. 143-318.11 (a) (4); Administrative
Matters— Vill.12 Resolution for Project Victory.
OTION by Commissioner Houpe to approve the agenda as adjusted.
VOTING: Ayes — 5; Nays — 0
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
Chairman Mallory gave a shout out to two ECOM employees. Bill Jeter was named by the
NC APCO (Association of Public -Safety Communications Officials) as the Line Supervisor of the
Year. Todd Craddock was named the Information Technologist of the Year.
APPOINTMENTS BEFORE THE BOARD
Request from Partners Behavioral Health for financial assistance to 5' Street
Ministries: Regional Director Jeffrey Eads said this request is in regards to a homeless outreach
program currently being delivered by 5`h Street Ministries. The program is Projects for Assistance
in Transition from Homelessness (PATH). This program has been operating since 2002 and funded
by a blended mechanism of federal and local funds through Partners Behavioral Health. At the end
of the last fiscal year, it was learned that $153,176.85 of federal funding would not be allocated
for this fiscal year. Since that time Partners has been working with 5`h Street to transition the
program to a new similar program that would allow billing to Medicaid. They hope to begin the
billable services by July 1, 2018. In the interim, this request is for approval to utilize dollars from
Partners' Fund Balance to offset the lost federal funds.
Commissioner Houpe asked to clarify that the money was reallocated from federal to the
State and the State chose to send it elsewhere.
Eads said that is correct.
Commissioner Houpe stated that this Board is going to reach out to federal and state
partners to make sure funds that belong to Iredell County stay in Iredell County.
Commissioner McNeely asked where the funds were sent.
Eads said he understood that the funds went to Mecklenburg and Durham Counties. Also
for clarification, Partners is not asking Iredell County to sustain this program long term, this will
be only for the transitional period.
Vice Chairman Bowles asked where this money would come from.
Eads said it is county dollars that was allocated to Partners over the years. These funds
were managed well and therefore some savings were accrued. The money for 5`h Street will come
from those funds.
November 7, 2017
Chairman Mallory stated this program assists those that are challenged from being
homeless to be able to develop life skills, transitional housing, employment, and ultimately to
support themselves.
Eads said yes, that is correct. The program is voluntary.
Commissioner Houpe said there is also assistance with mental illness.
Eads said 5" Street currently serves several high risks groups such as mental illness,
substance abuse disorders, traumatic brain injury, as well as developmental/physical disabilities.
Commissioner Norman asked if Partners plans to continue working with 5`h Street to
transition to billing for Medicaid.
Health.
Eads said yes. The will assist with training, billing codes, computer systems, etc.
MOTION by Commissioner Norman to approve this request from Partners Behavioral
VOTING: Ayes — 5; Nays — 0
Request by Peter Heimo to address the Board: Peter Heimo from Love Valley invited
the Board to an event on January 18, 2018, at the Statesville Civic Center. This will be a luncheon
with Representative Rena Turner speaking on the Tier Designation system and a new financial
task force. Any remaining funds from this event will go to the Crosby Scholars Foundation in
Iredell County.
Heimo said he is not representing the Love Valley Town Council. He read a letter signed
by over 200 people. The letter offered cooperation and assistance to the County in order to come
together to find solutions for the infrastructure problems currently happening in Love Valley. He
also requested the Board of Commissioners appoint a sub -committee together in coalition with the
council and residents of the Town of Love Valley to find a solution to this problem.
Chairman Mallory stated Love Valley is a unique community and this problem is a very
difficult issue relative to state regulations and the Tier system. The County is willing to assist in
trying to find a solution.
Heimo said a sub -committee is important to oversee any potential funds that may be
allocated toward a solution.
Chairman Mallory suggested talking to the County Manager first in order to coordinate the
next steps to work through this issue.
PUBLIC HEARINGS
Request from ICATS to conduct a public hearing and consider the adoption of the
2019 Public Transportation Program Resolution: ICATS Director Brad Johnson said this is a
required public hearing for state and federal transportation grants. It is also required for the Board
to adopt a resolution authorizing the Director to apply for these grants on behalf of the County.
The grant request is a mixture of urban and rural capital operating funds. ICATS is required to
allocate costs depending upon the area that the trip is intended to serve. Money cannot be moved
from urban to rural funding. Iredell County became part of the Charlotte Regional Transportation
Planning Organization after the 2010 census, due to part of the Charlotte urbanized area extending
November 7, 2017 9
into Iredell County. Urbanized federal funds are distributed from the FTA to the direct recipient
for the urbanized area which is currently CATS (Charlotte Area Transit). CATS must approve any
use of the urbanized money but money allocated to any other systems in the urbanized area is less
money for themselves. Urbanized funds are earned via a formula that include revenue miles,
population, and population density. ICATS is behind in the urban/rural costs, or capital allocation
process, due to not having access to urban funds in the past. All ICATS capital assets have been
purchased with rural money. ICATS has been increasing the urbanized allocation since 2010 but
has been unable to access any of the funds due to CATS unwillingness to administer the oversight.
In 2017 ICATS was awarded the first urbanized transportation grant through CATS. The amount
awarded was less than 20% of the amount that ICATS earned for the urbanized area. Last year,
ICATS provided 120,000 trips to the citizens of Iredell County covering 768,000 miles. Out of the
$777,000 awarded to ICATS, only $126,000 were urbanized funds. One of the requirements for
the grants is a five-year approved budget by NCDOT and FTA which ICATS has completed and
identified the system needs through FY20-21. In order to keep ICATS growing with the
transportation demands, ICATS would like permission to apply for the noted grants. Operation
grants total $816,000, administrative grants $231,000, and capital grants at $1.3 million. The total
local match for the combined grants will be $573,000 and the local match must come from revenue
generated by ICATS and the allotted ROAP funding from NCDOT.
Vice Chairman Bowles clarified that ICATS is a huge generator of tax dollars for Charlotte.
Johnson said that is correct.
Chairman Mallory stated that according to the federal government there is a difference
between a rural mile and an urban mile, even though they are the same distance. Compensation for
urban is 40 cents per mile while rural is only 4 cents per mile. As defined, Shelton Avenue is rural
on one side and urban on the other.
Johnson said that is correct. Also, the area between Barium Springs and Statesville is
considered rural.
Chairman Mallory expressed the absurdness for this type of algorithm or formula. The Tier
system mentioned earlier means that Iredell County is at a disadvantage to other counties who may
not be quite as blessed with economic development. However, with this system the government
takes funding from one county and gives it to another instead of allocating appropriately from a
general fund. ICATS had a 40% increase in ridership between 2016 and 2017 but did not receive
at 40% increase in funding. These are issues that this Board will need to address with legislature.
Vice Chairman Bowles asked to clarify the process. ICATS applies for the grant, the grant
is awarded, CATS administers the grant, CATS keeps 80% and gives Iredell 20%.
Johnson said that is correct. Allocation is based on three factors. The money is allocated to
the urbanized area and then it is up to an agreement between the entities in the area to have a
formula for how the money will be distributed.
Chairman Mallory said people in Iredell County have no less need for transportation than
those in Mecklenburg County. But because Iredell is split between rural and urban, it doesn't fit
in anyone's formula and therefore the applied rules produce negative results.
Johnson said a recent audit revealed that ICATS vehicles do not say "public
transportation." This means ICATS must now put those words on all vehicles. However, none of
the vehicles in Charlotte say public transportation because it is considered a "known" fact. Iredell
November 7, 2017 10
has to abide by community transportation programs and large urban programs in order to receive
funding from both.
Chairman Mallory opened the public hearing.
Dr. Denise Howard, Nurse Practitioner at Statesville Family Medicine, said that 58% of
their patients are self -pay or uninsured. Many patients have transportation problems to get to
appointments and as a result end up in the emergency room with an even larger bill. If ICATS
could expand it would help many patients.
Connie Darnell agreed with Dr. Howard and believes Statesville needs a bus system and
bus stops where citizens can get on and off similar to Charlotte. She understands that Johnson has
an idea for a 50 minute loop five days a week if funding was available.
Chairman Mallory closed the public hearing
MOTION by Commissioner Houpe to approve the FY2019 ICATS resolution.
VOTING: Ayes — 5; Nays — 0
FY2019 Resolution
WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North
Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for
administering federal and state public transportation funds; and
WHEREAS, the North Carolina Department of Transportation will apply for a grant from the US Department
of Transportation, Federal Transit Administration and receives funds from the North Carolina General Assembly to
provide assistance for rural public transportation projects, and
WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the
provision of rural, small urban, and urban public transportation services consistent with the policy requirements of
each funding source for planning, community and agency involvement, service design, service alternatives, training
and conference participation, reporting and other requirements (drug and alcohol testing policy and program,
disadvantaged business enterprise program, and fully allocated costs analysis); and
WHEREAS, the funds applied for may be Administrative, Operating, Planning, or Capital funds and will
have different percentages of federal, state, and local funds.
WHEREAS, Iredell County hereby assures and certifies that it will provide the required local matching funds,
that its staff has the technical capacity to implement and manage the prgject(s), prepare required reports, obtain
required training, attend meetings and conferences; and agrees to comply with the federal and state statutes,
regulations, executive orders, Section 5333 (b) Warranty, and all administrative requirements related to the
applications made to and grants received from the Federal Transit Administration, as well as the provisions of Section
1001 of Title 18, U.S.C.
WHEREAS, the applicant has or will provide all annual certifications and assurances to the State of North
Carolina required for the project;
NOW, THEREFORE, be it resolved that the Transportation Director of Iredell County is hereby authorized
to submit grant application(s) for federal and state funding in response to NCDOT's calls for projects, made the
necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide
rural, small urban, and urban public transportation services.
Request from Planning & Development to conduct a public hearing to consider a
request (Case #1710-1) from Alan Demanske to rezone approximately .8 acres on
November 7, 2017 11
Mecklenburg Highway from Residential Agricultural (RA) to Residential Office (RO):
Planning Director Matthew Todd said this property is currently zoned RA and the request is to
rezone to RO Residential Office. The staff supports this request based on the Land Use Plan calling
for medium density which allows for neighborhood scale commercial uses. The lot is located near
similar uses and other non-residential uses. Traffic impact should not exceed road capacity. The
Planning Board voted 7-0 in favor of this request.
Chairman Mallory opened the public hearing.
Alan Demaske was present to answer any questions.
Chairman Mallory closed the public hearing.
OTION by Commissioner Houpe to approve the zoning map amendment and to make a
finding that the approval is consistent with the adopted 2030 Horizon Plan and that said approval
is reasonable and in the public interest and furthers the goals of the 2030 Horizon Plan because the
plan allows for neighborhood -scale commercial and there are low intensity commercial uses in the
area.
VOTING: Ayes — 5; Nays — 0
Request from Planning & Development to continue a public hearing to consider a
rezoning request (Case #1708-2) from Teramore Development: Planning Director Matthew
Todd reviewed the case that was previously discussed. The Land Use Plan has a commercial node
at the intersection of Shearers and Rocky River. The property is adjacent to some retail uses that
are directly across the road. The Planning Board voted 5-2 in favor of the request.
Commissioner McNeely asked if Planning has reviewed the traffic study and if it appears
to be accurate.
Todd said it appears to be accurate. The proposed use will probably create minimal traffic.
To trigger anything more for improvements, the use would have to be some type that would
generate a lot more traffic. If that was to happen on this property it could trip some additional
requirements. However, one property can't be held responsible for the traffic issues already
present. They can only be held responsible for any additional traffic they may cause.
Chairman Mallory opened the public hearing.
The following citizens spoke against the rezoning: Bill Boiko of Mooresville, William
Brannock, and Melissa Kratz. Concerns included traffic, do not want a stand-alone particular
retailer such as Dollar General, would prefer a mixed use, numerous drive way cuts, a catch pond
for the parking lot, and distress to the community.
The following spoke in favor of the rezoning: Tom Hodges, Rob Brown, and Chris
Qualheim. These gentlemen were the applicants and stated they have done everything that has
been asked. Therefore, they were requesting a favorable decision. The aesthetics of the building
will mirror the architecture across the street.
Chairman Mallory asked about NCDOT adding a signal at this intersection.
Edith Peters, with Davenport and author of the traffic analysis, said NCDOT is very aware
of the issue and has reportedly included, as part of the prioritization process, for this intersection
to become signalized in 2018 or 2019.
November 7, 2017 12
Vice Chairman Bowles said the TIA was received but there is no one on staff that is an
expert on this subject that could analysis the TIA. The numbers will drive DOT to install that light
but it is going to be painful to get to that point.
Chairman Mallory closed the public hearing.
Vice Chairman Bowles said he can't recall any other rezoning that has had so much
research like this. The due diligence period has been very long and it has been delayed a few times.
This is not something the Board is entering into lightly. The request is simply to rezone from RA
to NB, with any and all uses in Neighborhood Business.
Commissioner McNeely said Iredell County is not in the development business. This
should have been in Mooresville's jurisdiction but it is not.
MOTION by Vice Chairman Bowles to approve the zoning map amendment and to make
a finding that the approval is consistent with the adopted 2030 Horizon Plan and that said approval
is reasonable and in the public interest and furthers the goals of the 2030 Horizon Plan because it
is within the rural commercial designation and is adjacent to commercially zoned property.
VOTING: Ayes — 4; Nays — I (Commissioner McNeely voted against.)
ADMINISTRATIVE MATTERS
County Manager Ron Smith summarized the consent agenda as follows:
• Request from the Finance Department for approval of BA #14 to accept and appropriate
an additional $17,000 in the Juvenile Crime Prevention Council Level II Funding to
Barium Springs TASK (Treatment Alternatives for Sexualized Kids) Program.
• Request from the Finance Department for approval of a three year consulting services
agreement with MGT of America, Inc. for $7,700 annually. This is a requirement through
the Department of Health and Human Services to analyze indirect cost.
• Request from the Finance Department for approval of a three year lease renewal with
Partners Behavioral Health for space at the Health Department Complex on Highway 21.
• Request from the Finance Department to accept the high bid of $7,525 for 1226 Williams
Road, Statesville, acquired through tax foreclosure, and authorization to finalize the sale.
• Request from the Finance Department for adoption of a resolution to sell property acquired
through tax foreclosure and authorization for the Purchasing and Contracts Manager to
conduct an electronic auction on GovDeals.
• Request from Planning & Development to adopt a Resolution of Intent, calling for the
closure of Fern Valley Way and Moss Creek Way and call for a public hearing to be held
on December 5, 2017.
• Request from Planning & Development to call for a public hearing on December 5, 2017
regarding proposed text amendments to the Land Development Code.
• Request from the Clerk to the Board for approval of minutes from the meeting on October
17, 2017.
• Request to approve a resolution and support of Project Victory in regards to a commitment
to work with the State of North Carolina to make a local match in the amount of 5% of the
State's building and reuse grant for Project Victory.
OTION by Commissioner Norman to approve the consent agenda.
VOTING: Ayes — 5; Nays — 0
November 7, 2017 13
RESOLUTION IN SUPPORT OF PROJECT VICTORY TO UPDATE A
MANUFACTURING FACILITY IN STATESVILLE,
IREDELL COUNTY, NORTH CAROLINA
WHEREAS, Project Victory is considering an addition to and updating of a manufacturing facility at
149 Water Tank Road, Statesville, NC; and
WHEREAS, Project Victory proposes to invest Five Million Fifty Thousand Dollars ($5,050,000)
and to employee at least 60 new persons when the project is fully completed; and
WHEREAS, Project Victory's plans are consistent with local land use and State and location
transportation plans; and
WHEREAS, Project Victory's plans conform with all applicable State and local ordinances and
policies; and
WHEREAS, the Iredell County is committed to work with the State of North Carolina to make a local
match in the amount of 5% of the State's Building Reuse Grant amount to and for Project Victory;
NOW, THEREFORE, BE IT RESOLVED by the Iredell County Board of Commissioners:
Section 1: Iredell County supports the building and location additions and updates of Project Victory
in Statesville, and confirms that its plans are consistent with and conform to State and local laws, plans and
policies.
Section 2: Iredell County endorses the application of Project Victory to request financial support
from the State of North Carolina to assist in the funding of a building reuse project to serve Project
Victory.
Section 3: Iredell County commits to work with the State of North Carolina to make required local
match of 5% of the Building Reuse grant from the State for the funding of a building reuse project to
serve Project Victory.
Request from the Parks and Recreation Department for approval of BA #13 for
$132,200 to accept a donation of land and building from the East Iredell Lions Club: Parks
and Rec Director Michelle Hepler introduced David Fitzgerald who is a member and Secretary of
the East Iredell Lions Club. The East Iredell Lions Club would like to donate their property and
building located at 336 River Hill Road, Statesville. The property is a total of eight acres and the
building is 2,292 square feet. The acceptance of this property will require some minor upgrades
including HVAC, gravel/driveway, the replacement, as well as painting. The upgrades will allow
the facility to be used as a community center similar to the Scotts Rosenwald Park which was also
donated.
Commissioner Houpe thanked Fitzgerald and the club for their donation to the community.
Commissioner McNeely said this is bitter-sweet as it is a wonderful donation but also the
ending of a very valuable civic club.
Fitzgerald said the Lions Club has been in support of the community and this project will
continue the 50 year legacy.
Hepler said the only request from the Lions Club is to name the park in honor of the club.
Therefore, Recreation would like to name it the East Iredell Lions Club Community Park.
November 7, 2017 14
Chairman Mallory thanked Fitzgerald and the entire chub. Iredell County will commit to
taking this property to the next level for the benefit of the community and legacy to the work of
the Lions Club for 50 years.
OTION by Commissioner Houpe to accept this donation with the caveat to keep the
name of the East Iredell Lions Club on the park.
VOTING: Ayes — 5; Nays — 0
Request from Planning & Development to make a decision in regards to a request to
release zoning and subdivision jurisdiction of 5 parcels on Shearers Road to the Town of
Mooresville: Planning Director Matthew Todd said there really isn't anything to add from the
previous discussions. However, Todd reminded the Board the two parcels in the center are not part
of this request.
Vice Chairman Bowles said that in the future with this type of request it should be made
more specific as not to leave a "donut hole."
Chairman Mallory stated this request is from the Town of Mooresville and in order to
expedite this request they were limited to five parcels.
Todd said yes.
Commissioner Houpe expressed concern that only one Mooresville staff member, and no
elected officials, attended a meeting concerning this request. Houpe also expressed reluctance to
release any ETJ in the future until a mechanism and timeline is in place to return the property back
to the County if water/sewer and/or the intended use has not proceeded.
Commissioner McNeely said this request is from a municipality and feels they will do their
job with zoning.
Vice Chairman Bowles asked the County Attorney if there is a legal way to place a
condition on future ETJ requests that the only way it will be released is with a conditional use
zoning.
Valdez said no unless there is some type of agreement with the Town.
Vice Chairman Bowles believes the release of ETJs at intersections that are going
commercial should be conditional use zoning. Straight up zoning could be anything.
Valdez said that would be a policy of the Town. Most municipalities are traditionally
stricter.
OTION by Commissioner Houpe to approve the release of the ETJ to the Town of
Mooresville.
VOTING: Ayes — 5; Nays — 0
Request from Planning & Development to make a decision in regards to a request to
release zoning and subdivision jurisdiction of 16.124 acres to the Town of Mooresville:
Planning Director Matthew Todd said this is next to Niagara Bottling and is basically sandwiched
in between Mooresville's jurisdiction.
OTION by Commissioner McNeely to release the zoning and the subdivision
jurisdiction on this 16.124 acres to the Town of Mooresville.
November 7, 2017 15
VOTING: Ayes — 5; Nays — 0
ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS
Chairman Mallory made the following announcements of vacancies:
Carolina Partnership 1; Charlotte Douglas International Airport l; Health Board 1;
Advisory Committee for Home & Community Care Block Grant 2; Nursing Home Advisory 5;
Personnel Advisory 2; Recreation Advisory 4; Transportation Advisory 7; Zoning Board of
Adjustment 2.
APPOINTMENTS TO BOARD AND COMMISSIONS
(None)
UNFINISHED BUSINESS
(None)
PUBLIC COMMENT
(None)
NEW BUSINESS
Commissioner Houpe requested to hold a Safety Summit with the Education Task Force,
Iredell-Statesville Schools, and ISS Board of Education representatives. This meeting will be to
discuss safety concerns at schools. There have been many citizens that have voiced concerns over
the lack of gate guards. A report will be brought back to this Board for future planning.
There was a consensus across the Board for this to proceed.
COUNTY MANAGER'S REPORT
County Manager Ron Smith reported on the following items:
• A draft agenda was distributed for the Fall Retreat scheduled for Friday, November 17.
The open discussion near the end will include school class size and budget priorities.
• A really interesting event happened earlier in the day in the Government Center. The North
Carolina Court of Appeals celebrated their 50`h Anniversary. The three judge panel held
court in the Commissioners' meeting room with a packed house.
• Parking at the Hall of Justice has increased with the opening of 30 extras spaces at the
corner of Harrell and Stockton Streets. The parking needs will constantly be monitored.
• Mitchell Community College held a corporate investor event which was basically dealing
with workforce development and some of the initiatives of the Board of Commissioners,
the Education Task Force and the Economic Development Task Force. There were two
categories — pipeline and transition. MCC has a focused fundraising effort that will help to
move this forward.
CLOSED SESSIONS
Chairman Mallory stated a Closed Session was held immediately following the Pre -Agenda
meeting.
November 7, 2017 16
OTION by Commissioner McNeely to call for a public hearing on November 21 at 7:00
PM regarding an economic development incentive not to exceed $465,000 over a five-year period,
for Project Elsa based on a minimum of $18 million investment in Iredell County.
VOTING: Ayes — 5; Nays — 0
MOTION by Commissioner McNeely to call for a public hearing on November 21 at 7:00
PM regarding an amendment of a prior economic development incentive grant in the amount of
$94,090 to be increased to $116,400 over a five-year period, for an additional investment of $1.15
million, with a new total investment of $6 million in Iredell County by Mack Molding.
VOTING: Ayes — 5; Nays — 0
Commissioner McNeely gave a shout -out and expressed appreciation to ECOM and EMS
for answering the emergency call for his mother, who is now doing well.
ADJOURNMENT
MOTION by Commissioner Norman to adjourn at 9:00 PM (The next regular meeting will
be Tuesday, November 21, 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
November 7, 2017 17