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HomeMy WebLinkAboutAugust 6 2002 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES AUGUST 6, 2002 The Iredell County Board of Commissioners met in Regular Session on Tuesday, August 6, 2002, at 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. Present: Chairman Sara Haire Tice Vice Chairman Karen B. Ray Tommy E. Bowles Steve D. Johnson R. Godfrey Williams Staff Present: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice. INVOCATION by Commissioner Johnson. PLEDGE OF ALLEGIANCE TO THE FLAG ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to adjust the agenda by the following actions. Additions: • Request for Approval to Declare Surplus the Turnout Gear and Dress Uniform of an Assistant Fire Marshal and to Allow the Municipality of Elizabethtown, N.C., to Purchase the Apparel • Request for Approval of a Letter of Support Regarding an Economic Development Administration Grant and the Comprehensive Economic Development Strategy (CEDS) Analysis Deletions: • Request for the Designation of a Voting Delegate for the Annual Conference of the North Carolina Association of County Commissioners on August 22-25, 2002 • Closed Session Regarding Economic Development/G.S. 143-318.11(a)(5) VOTING: Ayes — 5; Nays — 0. APPOINTMENTS BEFORE THE BOARD STATESVILLE MAYOR JOHN MARSHALL DISCUSSES THE MEETING STREET PROPERTY IN REGARDS TO THE NEW IREDELL COUNTY LIBRARY: Mayor Marshall said the city council met and approved a budget of $1,498,626 for the demolition and cleanup of the Meeting Street site for the proposed library. Marshall said one property owner, since the June 18 meeting of the commissioners, had agreed to reduce the price for his property from $300,000 to $225,000. Mayor Marshall said gasoline contaminants were found in 2 of the 14 borings, and the site had five underground tanks. Marshall said the city was prepared to enter into a written agreement with the county regarding the site. (The budget submitted by Mayor Marshall is as follows.) w C• •. • ' •••.•• I ff I • . Land $450,000 Texaco site $300,000 Motel site 150,000 Foundation Drain $ 3,000 Demolition and Environmental cleanup 86,300 Demolition and environmental asbestos from swimming pod 72,801 Concrete and asphalt removal 17,500 Reroute gas lines 15,071 RsroutePdelphia lines 0 Estimate for cut and fill of soil 16,000 Construction of retaining wall 125,000 Phase 1 & 2 environmental 10,300 Construction pad 15,000 Stam Drains 56,727 Site Preparation for Meeting Street over Eastside Drive site 25,000 Contingency 120,000 General Fund Total $1,012,699 Reroute water and sewer lines 117,427 Vater sewer fund total 117,427 Reroute electrical above ground 6111 Reroute Bell • 1 111 _-• r. • •. •• 111 •. M -e m•.j 0 • -•" • •• Estimate for underground electrical = $302,500 Revenue: Council pledge Patron pledge Bride donation Patron pledge Iredell County site preparation cronies for Eastside Drive Total pledged revenue Provided by city electric utility director Cost estimates per county architect, contractors, aty engineer Revenue data per Nlayor 500,000 200,000 50,000 75,000 90,000 $915,000'"" Commissioner Bowles said he understood there were five underground tanks. He asked how much money the city would be willing to spend for environmental cleanup. Marshall said $86,300 was in the budget for demolition and environmental cleanup. He added that $120,000 was in contingency. Commissioner Johnson said he noticed in the draft agreement, submitted by the City of Statesville, that the county would purchase the properties, and then the city would reimburse the county. County Manager Mashburn said this was the basic premise. Johnson raised concerns about environmental problems, and who, or what governmental unit would pay to correct them, especially if Statesville never became a deed holder of the Meeting Street properties. Attorney Bill Pope said the person that caused the contamination would be considered the primary responsible party. He said it was only when this person was 2 insolvent, nonexistent, or unavailable, that secondary responsible parties would be looked at or considered. He said that if the "primary responsible party wasn't in the picture for some reason, then probably there would be an additional element of protection if the city could be inserted between the property owner and the county." Library Architect Earle Gaulden said a needs list had been compiled to make the Meeting Street site "buildable." Gaulden said it was his opinion the city had addressed all of the items. Mr. Gaulden said the soil engineer had stated "the groundwater would not be an issue in regards to construction and excavation, except with deep excavation." Gaulden said a mechanical room would be located in the basement area, and it would be built similar to a swimming pool -- concrete walls, heavy slab/14 inches deep, with drains around it, and two sump pumps. Gaulden said $3,000 had been earmarked for a foundation drain that would be three -feet deep at the back and four or five -feet deep in the front. Mr. Gaulden said the drain would extend all the way around the building, and it would drain any water that came towards the structure. He said a pad would be built to set the building on -- the pad would form a bridge over the water. Gaulden said it was his opinion, the structural engineer's opinion, and the soil engineer's opinion, that the building would be adequately supported over the groundwater. He said, "that's not a problem." Commissioner Williams asked about parking. Gaulden said there would be 130 parking spaces. Johnson questioned why the library would need sump pumps if there wasn't a concern about the water. Gaulden said, "We're doing them (pumps), not because we are concerned about the water, but to take care of the water if it appears." Commissioner Ray clarified Mr. Gaulden's statement by saying the pumps would be there in case there were problems. Chairman Tice said she recalled the board of commissioners previously decided to accept the Meeting Street site as the location of the new library with the understanding the City of Statesville would (1) deliver documentation that showed the suit was suitable for the construction and (2) documentation to show the city had committed resources to put the site in a "buildable" condition. Johnson voiced concerns about the site being "buildable." Bowles voiced concerns about structural problems, due to the site's location, that might surface ten years, or so, in the future. He said it would be on the "county's dollar to correct the problems." Commissioner Ray questioned why the experts were allowed to evaluate the site if some of the board members were not going to listen to anything they said. Commissioner Williams said the board needed to clarify which governmental entity would purchase the properties. Attorney Pope said the county had somewhat less risk if the city were inserted between the county and the property owners. OTION by Commissioner Williams to require that the City of Statesville purchase the Meeting Street properties. Mayor Marshall then spoke and offered for the city to take the county's $5.6 million and build the library. He said the building would be owned by the city, but the county could use it free of charge. Marshall said he was willing to return to the council to seek approval of the arrangement. 3 Commissioner Williams asked who would employ the library staff. Marshall said it would be the city's building, but the county could operate it. Commissioner Johnson asked who would maintain the building. Marshall said the city would not assume the maintenance. He said he was trying to allay any fears about any structural problems that might occur five or ten years from now. VOTING: Ayes — 5; Nays — 0. OTION by Commissioner Ray, based on the expertise provided to the City of Statesville and Iredell County by the library architect, his structural engineers, the civil engineers, along with the experts the City of Statesville contracted with, and their assurance that the Meeting Street site was structurally sound and "buildable" and in accordance with the motion passed on June 18, 2002, by a five to zero vote, to accept the documentation that shows the site is a suitable site for construction, and the documentation submitted by Mayor Marshall to show that the city has committed resources to put the site in a "buildable" condition, and further, that we instruct the County Attorney and County Manager to review the joint agreement and put it into final legal form and to authorize the chairman to execute the agreement and instruct the architect to do a site development plan and begin final working drawings. (Mrs. Ray added that every member of the board shared the same concern and due diligence in regards to the proper handling of tax dollars that belonged to the Iredell County citizens, and that each member desired to make good, sound decisions regarding the expenditure of those dollars.) Commissioner Johnson then read the following prepared remarks. "I personally desire to keep the Iredell County library in the downtown area of the county. For the county seat to be the cultural and governmental seat of a county, even in a county as diverse as Iredell County, this is certainly desired. It is desired in both a practical and marketing point of view. The degree to which I desire this is demonstrated by the fact that 1 voted to proceed with an examination of the Meeting Street site. A site which closes one of the busiest streets in the city and involves considerable cost to the city. But it is not my intention to revisit these issues, but to show that they are indicative of my desire for the library to be downtown. "When I first approached the city early in the process, and Statesville by the way, is one of the few cities that does not help fund a library in its city limits, my hope was to secure funding for the library which would enhance it. Since we were only funding approximately 80% of our needs, we were hopeful that city funds would help us make the library bigger, or better, or both. The fact is now, the city will spend S 1.4 to $1.5 million dollars, but the money will not result in a library that is any improvement over the one we would have had if they had chosen to spend nothing. In fact, it could result in less of a building because of the problems with the site. During the borings, I made several trips to the site. I have been told that I am not a structural engineer, and this is true, but I do know water when I see it and gasoline when I smell it. In my mind, when we voted to allow them to examine the site, it was to give this board an opportunity to make an educated decision for ourselves as to whether this site was desirable. It is the process of this board to seek advice. This board can choose to accept the advice or not. I was there when a gentleman dropped a rock down the first hole and heard a distinctive splash, as when a rock is dropped into water if a substantial depth is present. I was there when they bored one hole, and at three and one-half feet water and mud came out. This is in the midst of a four-year drought -- the worst drought in decades. "On one visit to the site, after exiting my vehicle, I immediately encountered the strange smell of gasoline. The crew was boring in the middle of Meeting Street. Placing a $5.6 million building on a site such as this would be understandable in a densely developed metropolitan area, but Statesville is not. "Would the city be willing to appropriate $1.6 million to another site in the downtown area? if not, why are they so tied to this site with all of its problems? "What if the city exercised the same vigor in securing another site than Meeting Street? Perhaps we would be presented with a site that is more suitable and not require the closing of a street that is constantly used by business traffic and regularly used by emergency vehicles. 4 "The $1.5 or the $1.6 million gets us no larger building, no nicer building, no additional parking, just muck, mud, clay and gasoline. "I am not against the location of the library, but the underground streams remain in the midst of a terrible drought extending over a period of tour years. If the Lord blesses us with rain, and I trust that he will, water will be a greater problem than what it is today. But then, it will be the county's problem -- just like the city's problem with the fire department -- but only worse because we will have a building full of books. "One word kept recurring in the council's debate last night. This word was `unknown.' Unknowns will eventually become known, and when this happens, they will be county problems at county expense. "What are we giving up on Meeting Street? (1) Room for any significant expansion of floor space in the future (2) Room for any significant expansion for parking (3) Loss of a major traffic corridor for business and emergency vehicles and (4) Peace of mind that the facility will not need substantial maintenance in the future. "What do we get? (1) No larger building (2) No nicer building (3) The unknowns discussed at the city council meeting last night and (4) Convenience of some members of our community at the expense of the entire community. "We have an opportunity for cooperation between the city and county. I desire that, but participation does not necessitate the spending of $1.5 million on a polluted site plagued with water problems since before we were all born. "Again, I prefer downtown, but not at Meeting Street, and who knows at what cost. I can only hope that the people of Statesville and iredell believe that I want what is in the long term best interest of all of the patrons of the library, and that I do not desire to raise the possibility of huge costs to future boards of commissioners and subsequently the taxpayers." (end of Johnson's remarks) Commissioner Williams said a downtown site had always been his preference. He said that originally he felt an addition to the present library, with parking to be located at the Bryant Building site, was the best choice. He said that approximately 48,000 sq. ft. could have been achieved with this plan. Mr. Williams said that later, discussions started occurring about building a totally new library at the Bryant Building site, but it was determined the area was not large enough. He said that after this, the county started considering the Eastside Drive site. Mr. Williams said this was a "beautiful" site with more than enough space. He said it was only then, when the county was considering Eastside Drive, that the city became interested. Williams said that on June 18, 2002, the board of commissioners agreed in a five to zero vote that if the city could develop the property and come up with the financing, the site would be approved. He said the commissioners may have been wrong in making the decision, but he gave his word in the vote, and he would rather be considered stupid than dishonest. Johnson said the county manager, in the agenda briefing, had said the building design would work on either site. Mr. Johnson said the option was still available for the commissioners. Commissioner Johnson said he had talked to engineers, and they had advised that if the county had another site, the library shouldn't be placed on the Meeting Street property. VOTING: Ayes — 3 (Ray/Tice/Williams); Nays — 2 (Bowles/Johnson) MR. DAVID MAYFIELD AND MR. THORNTON BROOKS DISCUSS THE RECENT DECISION TO ALLOW NON-PROFIT RETREATS IN RESORT RESIDENTIAL DISTRICTS: Mr. Mayfield said he was concerned about the board's decision on May 7, 2002 to allow non-profit retreats in Resort Residential (RR) areas. Mayfield said he believed the board of commissioners made an error in the decision, especially since a special use permit would not be necessary. He also expressed concerns about not notifying adjoining property owners. He said his single-family neighborhood would be affected by the business, known as "Quiet Waters" that had prompted the recent decision. Mr. Mayfield said the non-profit, or business, had advertised on its web site that it could house and feed 80+ guests. He mentioned public safety and health concerns. He also mentioned concerns about property values is decreasing. Mayfield said the environmental health inspector, who designed the septic system, said the facility was fashioned to accommodate 16 people (eight bedrooms). Mayfield said "Quiet Waters" was actually a business, and it was advertising that it could house large groups of people, prepare and serve them meals, and operate a training center for them. He said the advertisement also said the guests would have use of the property's grounds, along with the use of Lake Norman for boating, skiing, and swimming. Mr. Mayfield said that not only were the residents near "Quiet Waters" being impacted by the zoning decision, but over 50% of the lake -front property owners in the county would be affected. Thornton Brooks then spoke and asked the board to reexamine the decision. He said that prior to the amendment, the retreat usage was permitted only "by right" in the business districts zoned Residential Office (RO) through Community Business (CB) . He said non-profit retreats were not classified in the residential or recreational use sections, but they were listed for educational and institutional uses. Mr. Mayfield said he understood the change occurred to assist or to allow a retreat located in the Northwest Subdivision that was not in compliance with the RR regulations. He said that with the change, the retreat would be acceptable to the county without requesting a zoning change to one of the RO through CB classifications, or at the very least, a variance within the RR zoning district. Mr. Brooks said he understood that variances were normally granted in hardship cases, or as a last resort to correct errors that were not intentionally caused by the applicants. Brooks said the owners of the retreat applied for permits in the RR zoning as a single-family residence. He said that to the best of his knowledge, he wasn't aware of any hardships in the situation. Mr. Brooks said the retreat owners had deed restrictions that only permitted single-family residences. Planning Supervisor Ron Smith said he agreed with Mayfield and Brooks. He said, however, the amendment was not done just to appease one property owner, but that it did correct a discrepancy in the ordinance. Smith said the planning department was receiving numerous inquiries about the retreat, and his office was waiting to see what type of site plans were submitted. Commissioner Bowles asked if the retreat property was situated in two different zoning designations. Smith said it was in RA -Residential Agricultural and RR -Resort Residential. Bowles said he recalled the zoning ordinance, before the amendment, didn't allow any non-profit retreats in RR zoning. He said that at the May 7 meeting, it was stated this was probably a text omission that needed to be corrected. Smith agreed. He said that when the matter was being studied, he couldn't find a reason for non -profits to be omitted from RR districts. Commissioner Williams asked if the non-profit retreat was illegally located in the RR district. Smith said yes. He said building permits were issued for a house. Smith said that once the proposed retreat was discovered, the staff began pursuing violation charges. Commissioner Ray asked the retreat owner's explanation when the notice of violation was given. Smith said he felt the owner was not aware of what would be allowed in the RR zoning. Commissioner Ray asked how the retreat owner would be affected if the board of commissioners changed or revised the amendment. Smith said that at this point, the owner did not have a legally operating retreat. He said the retreat would not be "grandfathered" or have vested rights. Mr. Smith said that if the commissioners desired to change the zoning decision, the matter would have to be 6 referred back to the planning board. He said, then, a recommendation would be submitted to the commissioners. Commissioner Ray asked if the facility had the correct tax status to be considered a non-profit retreat. Smith said the ordinance was silent on how the planning department determined this. He said that when the owner tried to obtain approval of the site plan, the staff would try to obtain documentation on the tax status. Smith said the burden of proof would be on the property owner. Commissioner Bowles said he recalled a letter indicating that the property owner was in compliance. Smith said that at that time the letter was written (over a year ago), the operation was not up and running to the point it was now. Mr. Smith said the letter was probably given in error. MOTION by Commissioner Ray to refer the matter to the planning board with a request for expeditious treatment in regards to consideration of whether the RR zone text description should be amended to require that a special use permit be issued prior to using a property for retreat purposes. VOTING: Ayes — 4; Nays — 1 (Bowles). -------------------------------------------CONSENT AGENDA ------------------------------------- OTION by Commissioner Williams to approve the following nine (9) consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. REQUEST FOR ACCEPTANCE OF THE 2001 TAX SETTLEMENT FOR REAL & PERSONAL PROPERTY TAXES & APPROVAL OF THE COLLECTION ORDERS FOR THE TAX COLLECTOR & SHERIFF: The 2002 tax orders are as follows. STATE OF NORTII CAROLINA ( ) COUNTY OF IREDELL ( ORDER ) TO: THE TAX COLLECTOR OF THE COUNTY OF IREDELL ( ) You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the Office of the Tax Assessor and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County of Iredell, and this order shall be a full and sufficient authority to direct, require and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with law. STATE OF NORTH CAROLINA ( ) COUNTY OF IREDELL ( ORDER ) TO: THE SHERIFF OF THE COUNTY OF IREDELL ( ) You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the Office of the Tax Assessor and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County of Iredell, and this order shall be a full and sufficient authority to direct, require and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with law. 2. REQUEST FROM THE SHERIFF'S DEPARTMENT FOR APPROVAL OF A CONTRACT WITH SMITH, ROGERS & STRICKLAND, PLLC, FOR LEGAL CONSULTATION AT $14,355 A YEAR: (For additional information see briefing session minutes.) N 3. REQUEST FROM THE SHERIFF'S DEPARTMENT FOR APPROVAL OF BUDGET AMENDMENT #2 FOR: 1. The transfer of $10,000 in commissary funds for the purchase of a new tiling system. 2. The transfer of $7,200 from seized funds for the purchase of 15 weapons (clock Pistols). 3. The transfer of $32,725 in seized funds for the purchase of hand-held radios. 4. REQUEST FOR APPROVAL OF AN ELECTING COUNTY STATUS FOR THE IMPLEMENTATION OF THE WORK FIRST BLOCK GRANT PROGRAM EXTENDING FROM OCT. 1, 2003 — SEPT. 30, 2005: Iredell County will continue to be classified as an electing county in reference to the Temporary Assistance for Needy Families funding that is administered through the Work First Block Grant. 5. REQUEST FOR APPROVAL OF BUDGET AMENDMENT #3 FOR THE RECOGNITION OF A NEW GRANT FOR THE SPECIAL CHILDREN'S ADOPTION FUND & CARRYOVER OF STATE FUNDING FOR CRISIS INTERVENTION PAYMENTS: Budget Amendment #3 in the amount of $48,395 for the Special Children's Adoption Fund and $75,710 in Crisis Intervention funds was approved. 6. REQUEST FOR THE FINAL APPROVAL OF A WET DETENTION POND, A CASH BOND, AND AN OPERATION/MAINTENANCE AGREEMENT FOR JOHN DEERE LANDSCAPES, 216 TRANSCO ROAD, MOORESVILLE, NC: During the briefing session, Planning Supervisor Smith said everything was in order for approval of the John Deere Landscape wet detention pond. 7. REQUEST FOR APPROVAL TO DECLARE SURPLUS THE TURNOUT GEAR AND DRESS UNIFORM OF AN ASSISTANT FIRE MARSHAL AND TO ALLOW THE MUNICIPALITY OF ELIZABETHTOWN, N.C., TO PURCHASE THE APPAREL: The following resolution was approved. Resolution for the Sale of Certain Surplus Personal Property WHEREAS, the County of Iredell has possession of the following items of personal property which are surplus to its needs and desires to dispose of the same. NOW THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Iredell County that since the municipality of Elizabethtown has requested the following items, they shall be sold to that governmental unit as provided in G.S. 160A-274 for consideration in the amount of five hundred dollars ($500.00). Fire Turnout Gear (coat and pants) Dress Blue Uniform S. REQUEST FOR APPROVAL OF A LETTER OF SUPPORT REGARDING AN ECONOMIC DEVELOPMENT ADMINISTRATION GRANT AND THE COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY (CEDS) ANALYSIS: Approval was given for the chairman to sign a letter advising that Iredell County would be participating in the Comprehensive Economic Development Strategy for the purpose of seeking new ideas to assist the unemployed and underemployed and to allow the Western Piedmont Council of Governments to act as the lead agency for the initiative. 9. REQUEST FOR APPROVAL OF THE JULY 16, 2002 MINUTES END OF CONSENT AGENDA REQUEST FOR ALTERNATE APPOINTMENTS FOR THE RURAL TRANSPORTATION ADVISORY COMMITTEE (RTAC) AND THE RURAL i TRANSPORTATION TECHNICAL COORDINATING COMMITTEE (RTTCC): MOTION by Chairman Tice to (1) waive the board's Rules of Procedures regarding Announcements/Appointments to Boards and Committees, (2) appoint Vice Chairman Karen Ray to the Lake Norman Rural Transportation Advisory Committee as an alternate and (3) appoint Planning Supervisor Ron Smith to the Lake Norman Rural Transportation Technical Coordination Committee as an alternate. VOTING: Ayes — 5; Nays — 0. APPOINTMENTS TO BOARDS & COMMISSIONS Juvenile Crime Prevention Council (3+ appts.): Commissioner Johnson nominated Steve Lane (school superintendent's designee) and Vicki M. Dame (commissioners' appointee). OTION by Chairman Tice to appoint Lane and Dame and to postpone the remaining appointments until the August 20 meeting. VOTING: Ayes — 5; Nays — 0. Region F Aging Advisory Committee (2 appts.): No nominations were submitted, and Chairman Tice motione to postpone the appointments until the August 20 meeting. VOTING: Ayes — 5; Nays — 0. Home and Communitv Care Block Grant Advisory Committee (I appt.): No nominations were submitted, and Chairman Tice motione to postpone the appointment until the August 20 meeting. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee (1 appt.): No nominations were submitted, and Chairman Tice motioned to postpone the appointment until the August 20 meeting. VOTING: Ayes — 5; Nays — 0. Adult Care Home Advisory Committee (1 appt.): No nominations were submitted, and Chairman Tice motioned to postpone the appointment until the August 20 meeting. VOTING: Ayes — 5; Nays — 0. UNFINISHED BUSINESS PUBLIC WATER CONNECTIVITY: MOTION by Commissioner Johnson for the board to indefinitely postpone any consideration of the public water connectivity ordinance until some alleviation in the drought situation had occurred. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER'S REPORT: County Manager Mashburn said the renovations on the former Agricultural Building would soon be finished. The building, now called the Hall of Justice Annex, will have offices for the district attorney on the top level and the Register of Deeds on the lower level. Mr. Mashburn invited the commissioners to tour the building on August 20, 2002, at 4:00 p.m. 9 ADJOURNMENT: MOTION by Chairman Tice at 8:50 p.m., to adjourn the meeting. NEXT MEETING: Tuesday, August 20, 2002, 5:00 p.m. and 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. (Optional tour of the Hall of Justice Annex on Water Street at 4:00 p.m.) VOTING: Ayes — 5; Nays — 0. Approved: 10 Clerk to the Board