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HomeMy WebLinkAboutDecember 3 2002 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES DECEMBER 3, 2002 The Iredell County Board of Commissioners met in Regular Session on Tuesday, December 3, 2002, at 7:00 p.m., in the Iredell County Government Center (Commissioners' Meeting Room), 200 South Center Street, Statesville, NC. Present were: Chairman Steve D. Johnson Vice Chairman Godfrey Williams Marvin Norman Sara Haire Tice (Vacancy due to Resignation of Karen B. Ray) Staff present were: County Manager Joel Mashburn, County Attorney Bill Pope, Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, County Assessor Brent Weisner. and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson. INVOCATION by Commissioner Norman. PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Johnson to approve the agenda with the following revisions. Deletion _ Request for a Discussion/Decision Regarding an Invitation from Lincoln County to Discuss Water Supply Needs (see briefing minutes) Additions: Request for Adoption of a Resolution of Intent to Adopt a Fair Housing Plan Under Section 104(d) of the Housing and Community Development Act of 1974, as Amended Request for the Adoption of a Public Facilities Agreement between Iredell County and Millard Refrigerated Services Request for Authorization to Own a Sewer Line that will extend from the Millard Refrigerated Services Company to the City of Statesville's Sewage Line Request for Approval of an Authorizing Resolution for the Community Development Block Grant Water Tank Project Closed Session: Personnel — G.S. 143-318.11(a) 6 VOTING: Ayes — 4; Nays — 0. PUBLIC HEARINGS Chairman Johnson declared the meeting to be in a public hearing. Community Development Block Grant Application to be Submitted to the Division of Community Assistance for Scattered Site Housing Funds in the Amount of $400,000: County Manager Mashburn said scattered site housing funds for counties in North Carolina were distributed on a rotating basis. He said every three years the county would be eligible for approximately $400,000 for housing rehab in scattered site areas. Steve Austin, with Benchmark LLC from Kannapolis, N.C., said funds were previously awarded on a competitive basis; however, the State changed the grant program to aid people in rural areas. He said the scattered site funds provided assistance for single-family, owner -occupied homes (10-14 homes per grant cycle) scattered throughout the county. Mr. Austin said the grant criteria also stipulated that selected homes had to be owned by low-income individuals (50% of the area's median income based on family size). He said all federal and state regulations dealing with lead-based paints, housing quality standards, and building standards had to be met. Austin said the application was due January 6, 2003, and that around Easter, the county would be ready to start spending the money. Lastly, Austin said a selection committee needed to be established to select the homes to be repaired. Chairman Johnson said he understood Benchmark would complete the application and design an evaluation system for the home selection. Austin said most counties used a point -rating system with preference given to the elderly and handicapped. He said the board would also need to determine whether or not mobile homes would eligible for improvements. Chairman Johnson asked about the complaint process. Austin said due process would be given to anyone having a complaint. He said all information would be confidential, and the applicants would have to follow a complaint process. Commissioner Williams asked the maximum amount that could be applied per house. Austin said it could vary. He said $25,000 was one cut-off limit, but if lead-based paint problems were found, the costs could escalate ($40,000). Mr. Austin said another limit was $29,999 and licensed contractors would be needed on the projects costing more than this amount. He said written permission had to be obtained from the State, if estimates revealed a home needed $30,000 worth of repairs. No one else desired to speak, and Chairman Johnson adjourned the hearing. (No action was needed and a second public hearing on the scattered site housing program will be held December 17.) Chairman Johnson declared the meeting to be in a public hearing in reference to Case No. 0211-1. C. Wilson & Norma White (Case No. 0211-1): Request for Approval of an Amendment to the Land Use Plan and a Rezoning from R-20, Single Family Residential to HB, Highway Business District (Location: 406 Turnersburg Hwy., Statesville, NC): Planning Supervisor Smith said the applicants desired to rezone their property (3.57 acres / PIN#4746-40-2497) from R-20 to HB. He said the existing land use was for a hardware store and the surrounding properties were in institutional, residential, and vacant uses. Smith said the site had been used as a commercial property since the 1940s, and the property to the east was located in Statesville's extraterritorial zoning jurisdiction. Mr. Smith said contact had been made with the city planning staff, and no opposition was voiced about the zoning change. He said the planning board recommended approval in a unanimous vote on November 6, 2002. Wilson White said he had owned the property since the early 1980s, and the property had been in commercial use since the 1940s. He said during the 1990 county- wide zoning, no one noticed the property was already being used for commercial purposes. Mr. White said no changes were being requested for the business, and he was simply trying to correct the zoning classification. No one else desired to speak and Chairman Johnson adjourned the hearing. MOTION by Commissioner Williams to amend the Land Use Plan as it applies to Case No. 0211-1 (C. Wilson & Norma White property). 2 VOTING: Ayes — 4; Nays — 0. MOTION by Commissioner Norman to rezone the property involved in Case No. 0211-1 (C. Wilson & Norman White property) from R-20, Single Family Residential to Highway Business District. VOTING: Ayes — 4; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing and requested the individuals desiring to speak in reference to Case No. 0211-2 (conditional use rezoning) to come forward and be sworn in. Laws Properties, LLC (Case No. 0211-2): Request for Approval of a Rezoning from R-20, Single Family Residential to GB -CUD, General Business Conditional Use District (Location: 824 Turnersburg Hwy., Statesville, NC): Planning Supervisor Smith said the applicant desired to rezone .70 acres (PIN#4746-87- 1999). He said the rezoning, along with the conditional use (Roadway Protection Overlay), would be compatible with other properties in the area (J.C. Faw development). Smith said the applicant was willing to abide by the overlay, and that on November 6, 2002 the planning board unanimously recommended approval. Attorney Bert Walser, representing Laws Properties LLC (stained glass company), said the property should have been rezoned when Mr. Faw had his property rezoned in 2000. Mr. Walser said a business had been on the site for many years, and by all indications this type of usage would remain the same in the future. No one else desired to speak and Chairman Johnson adjourned the hearing. MOTION by Commissioner Williams, after determining the finding of facts to be in order, to rezone the property involved in Case No. 0211-2/1-aws Properties LLC from R-20, Single Family Residential to General Business Conditional Use (Roadway Protection Overlay along Turnersburg Road). VOTING: Ayes — 4; Nays — 0. Chairman Johnson declared the meeting to be in a public hearing. Roadway Protection Overlay Two (RP02) Implementation Proposal for the Brawley School Road Corridor: Mr. Smith said this request was the third step in the process involving the Brawley School Peninsula Small Area Plan adopted in April 2002. He said one of the primary recommendations from the plan was the formulation and implementation of a new overlay for the Brawley School Road corridor (city limits of Mooresville to the end of the commercial designation -- Blume/Beechtree and Brawley School Road). Mr. Smith said that in October 2002, the board of commissioners adopted the text amendment to the zoning ordinance that changed the existing RPO by making it more stringent. He said several recommendations were added -- landscaping, parking, signage, and the thoroughfare plan. Mr. Smith noted, however, that the architectural standards in the proposal were recommendations and not requirements. He said the intent of the RPO was to create a higher standard of development along the Brawley School Road, and the planning board, in a unanimous vote on November 6, 2002, approved the proposal. Commissioner Williams asked if removing the architectural standards would jeopardize the overall plan. Smith said he didn't think so. He said the standards were not enforceable, but the planning board had recommended their inclusion in the RPO to aid developers who might seek guidance when working on large tracts of properties. Chairman Johnson asked about the properties that were split -- a portion of a tract being in the RPO and another portion of the same tract not being included. 3 Smith said the staff had tried to be fair and not arbitrary in the overlay design. Ronnie Smith (no relation to Planning Supervisor Ron Smith) said he had property in the area that would be affected. He agreed that some architectural standards would be helpful for uniformity, but he mentioned some would be difficult, e.g., 70% of the street level frontages would be in windows or doorways. Smith said he felt Mooresville had used this primarily for retail purposes, and much of the Brawley School Road area would be in other uses, e.g., offices. He suggested that contact be made with the property owners in the proposed RPO area to find out their preferences. Additionally, he suggested for the overlay to be used for residential and commercial uses, and that it should extend the full length of the road. Lastly, he voiced objections to the 50 -foot setback. Bert Walser said he was speaking for Mr. J.C. Faw, the owner of property beside the Morrison Plantation. Walser said the property had been approved for a convenience store using the present setbacks. He said the new setbacks would demand that Mr. Faw cut his canopy back from 30 feet to 10 feet, which would make his property useless. Walser said Mr. Faw did not have "common law rights" at this point. Planning Supervisor Smith said he had not been informed of Mr. Faw's plans. He asked if any permits had been issued. Walser said there were no permits. Hugh McKay said he owned 90 acres of land on the Brawley School Road, and his family had been property owners in the area for the past 150 years. McKay said he recently had his property rezoned in an effort to make it more attractive for prospective buyers, and he had been seeking water sewer. Mr. McKay said his rezoning was contingent upon some "high" architectural requirements that came from the Town of Mooresville. He said now, it appeared the RPO would create high standards without basic services. Mr. McKay said he wanted to voice his opposition to the plan, as it was now written. John Kinley, a realtor, said he lived down Brawley School Road. He said it was his understanding all of the commissioners had used a "pro private property rights" philosophy while campaigning. Kinley said private property rights were being "trampled on" and this was evident by what Cornelius, Davidson and Mooresville had done. He said Mooresville wanted to be like Davidson. Harold Mayhew said he lived on the Brawley School Road and his family had owned the property since 1954. Mayhew said the roadway was highly dangerous and most of the long-time residents were in disbelief about the growth. He mentioned the dangers associated with the McGuire Nuclear Power Plant. He also mentioned the litter problem. Mayhew said, "houses are being jammed in and forced on us so the State Department of Transportation will come and take our land for the right-of-way." Mr. Mayhew said that if The Pointe/Crescent Land & Timber wanted a wider roadway, then it should pay for it and not the taxpayers. Jane Laney said her family owned property on the Brawley School Road. She expressed a concern that the residents in the area did not understand what was proposed in the overlay. Mrs. Laney said she did not agree with the architectural recommendations and the setbacks. She said, however, she liked the grass and the tree ideas. Commissioner Williams asked Mrs. Laney if her main objections were with the architectural. recommendations. Laney said many people would be restricted by the 50 ft. setback on top of what the highway department would take. 4 Planning Supervisor Smith said the setbacks were taken from a road right-of-way point or line that was drawn on the property. He said a 60 ft. right-of-way was being used for the Brawley School Road and this is what the State Department of Transportation generally used for many roads in the county. Smith said the proposed RPO would require a 100 ft. right-of-way. John Kinlen said that so far the Department of Transportation hadn't taken, or paid for any of the property, but if the RPO was approved as presented, the county was just taking it. Kinley said the State should be forced to pay for it. Ronnie Smith agreed with Kinley. He said the county should not be taking the property. Chairman Johnson asked the planning supervisor if having a site plan that adhered to the right-of-way for the widening of Brawley School Road would be better than the front -yard setback. He asked if this would accomplish the same thing. Planning Supervisor Smith said it would probably accomplish the same thing, but if there was an initial property devaluation, it might still be there. Bert Walser mentioned there was an Iredell County court case involving property on Hwy. 150 where the owners sued the Department of Transportation for an inverse condemnation (widened the right-of-way from 60' to 100'). Walser said the judge ruled that because some of the plats said, "future 100' of right-of-way" it was an implied dedication and the property owner was not entitled to have any compensation from the State. He said the case would probably go to the court of appeals. Chairman Johnson adjourned the hearing. Commissioner Williams said he was prepared to eliminate the architectural standards from the overlay, and to give further review to the proposed setbacks. Commissioner Tice said there appeared to be many unanswered questions. Chainnan Johnson said the board's hesitancy to adopt the RPO was in part due to the strong appreciation of personal property rights. MOTION by Chairman Johnson to postpone a decision regarding the Roadway Protection Overlay Two (RPO2) for 30 days or the first meeting in January (Tuesday January 7, 2003). VOTING: Ayes — 4; Nays — 0. (Note: Chairman Johnson explained to the audience that the RPO public hearing had officially been adjoumed, and if anyone desired to share further comments, they needed to do so prior to the January meeting.) Request for Adoption of the Market Value Schedule of Values and the Present Use Schedule of Values in Conjunction with the 2003 Revaluation Request: County Assessor Brent Weisner said the two reappraisal Schedule of Values had been submitted to the board members on November 4 and the public hearing was held on November 19, 2002. Weisner requested adoption of the two schedules. OTION by Commissioner Williams to adopt the Market Value Schedule of Values as presented. VOTING: Ayes — 4; Nays — 0. Chairman Johnson said he understood the Present Use Value Schedule primarily addressed agricultural, horticultural and forestry lands. <s Weisner said this was correct, and it was to be used on all qualifying tracts. He also said that basically the value of an acre of land was figured on how long it would take to recapture the land value as a rate of return. Commissioner Williams said that four years ago most of the county's farmland realized about a 40% increase in value. He said that it appeared that farm owners would be looking at about the same amount in the upcoming revaluation. Mr. Williams said, "In 1998, milk was selling at $16.90 a hundred weight, but today a person would be lucky to get $12 a hundred weight. Broilers were at 40¢ a pound, but now they are at 36¢. Cotton was bringing 65¢ a pound, but now it's 31¢. Soybeans were at $5.03 a bushel, but today they are $4.20. (However, due to the drought not many people have them and some might receive $5.69.) Corn was at $2.33 a bushel, but now it's $2.30. Wheat was at $2.55 a bushel, and it is still selling for about that price. Hay was $80 a ton, and now it's $77 a ton. At the same time the commodities prices have shown a definite drop, fertilizer has gone from $168 a ton to $240 a ton." Mr. Williams said it was evident that costs for farmers had increased while their prices had dropped. He stressed that agriculture was the county's number one industry generating over $100 million per year, and that this money turned over three or four times just within this area alone. MOTION by Commissioner Williams to instruct the county assessor's office to set the capitalization rate at 7.0% on all cultivated croplands and horticultural lands. (NOTE: Weisner said the forestry cap (9.0%) could not be revised because it was mandated by state statutes. Also, he said 7.0% was the highest amount allowed by the statutes for agricultural/horticultural lands.) VOTING: Ayes — 4; Nays — 0. ---------------------------------------------CONSENT AGENDA ----------------------------------- MOTION by Commissioner Tice to approve the following eight (8) consent agenda items. VOTING: Ayes — 4; Nays — 0. 1. Request from the Iredell-Statesville School System for Approval to Purchase Property for a new Middle & Elementary School Complex: Using funds from the 2000 Installment Payment Revenue Bond, officials with the Iredell-Statesville School System requested permission to purchase 104 acres to build a new middle and elementary school complex at Wallace Springs Road and Arey Road in the western area of Iredell County. 2. Request from the Department of Transportation for Approval of the Abandonment of a Portion (500 linear ft.) of Perth Road (SR -1303): During the briefing, Planning Supervisor Smith said the Department of Transportation had requested approval to abandon 500 linear feet of roadway on SR -1303. He said a staff member had reviewed the request and recommended approval. 3. Approval of an Amended Capital Project Ordinance & Approval of Budget Amendment #s 19 & 20 for the Installment Payment Revenue Bonds, Series 2000: Amendment #19 will recognize an operating transfer of $1,759,100 from the School Capital Project Fund (2000/Installment Payment Revenue Bonds) for reimbursement of debt service paid on bonds ($1,508,877 to Iredell-Statesville and $250,223 to Mooresville Graded). Amendment #20 transfers $1,508,877 from the Iredell-Statesville Schools' Debt Service to capital outlay and the same occurs for the Mooresville Graded Schools with the exception that the transferred amount is $250,223. The ordinance is as follows: Iredell County, North Carolina Project Ordinance School Projects 6 Be it Ordained by the Board of County Commissioners of Iredell County, North Carolina: Section 1. Funding for the projects shall be provided by the following sources: Par Amount of the Series 2000 Bond $38,180,000 Add: Accrued Interest 107,656 Bond Premium 448,791 Deduct: Original Issue Discount (385,795) Interest on proceeds account during construction period 1,739,293 Total Sources of Funds 40 Section 2. Capital Outlay will be financed for the Iredell-Statesville Schools and the Mooresville Graded School District as follows: Projects Iredell-Statesville Schools — Lakeshore Phase II and Lake Norman High $38,058,105 Mooresville Graded Schools — Mooresville High School 5,500,000 Issuance costs for the Series 2000 Installment Payment Revenue Bonds Underwriter's Discount 294,374 Bond Insurance Premium 198,517 Legal, ratings agencies, printing, other 172,193 Deposit to Interest Payment Account 107,656 Reimbursement to Iredell County for Debt Service on the Project 1,759,100 Total Uses of Funds $40.089.945 Section 3. This Capital Project Fund shall continue until the projects are complete. Section 4. Payments from this Capital Project Fund shall be authorized by a representative of each school administrative unit and copied to the Iredell County Director of Finance and Administration. Section 5. Upon completion of the construction project, all funds remaining in this Capital Project Fund will be disbursed in accordance with the Trust Agreement by and between Iredell County Public Facilities Corporation and First Union National Bank, (Wachovia) as Trustee. 4. Announcement of the January 16-17, 2003 Legislative Goals Conference Sponsored by the North Carolina Association of County Commissioners at the Research Triangle Park & Appointment of Commissioner Marvin Norman as the Voting Delegate and Commissioner Sara Haire Tice as the Alternate 5. Request for Adoption of a Resolution of Intent to Adopt a Fair Housing Plan under Section 104(d) of the Housing and Community Development Act of 1974, as Amended: The adopted resolution is as follows: IREDELL COUNTY RESOLUTION OF INTENT TO ADOPT A FAIR HOUSING PLAN UNDER SECTION 104(d) of the HOUSING & COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED WHEREAS, the Iredell County Board of Commissioners is applying for a Community Economic Development Block Grant; and WHEREAS, upon approval and acceptance of said grant, the Iredell County Board of Commissioners will adopt a Fair Housing Plan; and WHEREAS, the purpose of this plan is to provide various activities to inform the citizens and promote fair housing in the community. N NOW, THEREFORE, BE IT RESOLVED, that the following constitutes the elements and activities to be included within the Fair Housing Plan to be adopted for Iredell County: (1) The County will identify, analyze, and then determine the obstacles/impediments to fair housing that exists in the county. (2) Propose and implement eight (8) quarterly activities, to begin with and cover the life of the grant, that address such areas as educational activities, assistance to the families, and community outreach components to name a few. (3) Adopt a written complaint procedure, which identifies the procedure for receiving and resolving complaints as a result of violations of Title VIII and how the total community will be informed that a complaint procedure is in place. This procedure will include a named staff position to receive and process complaints, provisions to acknowledge the county's receipt of the complaint with a ten (10) day period, and steps that will be taken to resolve the complaint. 6. Request for the Adoption of a Public Facilities Agreement between Iredell County and Millard Refrigerated Services: Mr. Mashburn said Millard had agreed to construct/acquire an 80,000 sq. ft. cold storage and blast freezing facility on a 9.66 acre site (former Polar Cold Storage Company) and employ 30 people. He said Iredell County would be listed as the applicant for a Community Development Block Grant in the amount of $240,000, and the facilities agreement was necessary to receive the funds. Mashburn said the agreement stipulated that Millard would have to create and maintain 30 job positions by December 1, 2003 or reimburse the State $8,000 for each job not created. 7. Request for the Authorization to Own a Sewer Line Extending from the Millard Refrigerated Services Company to the City of Statesville's Sewage Line: The county manager said this request was due to the documents involved in the $240,000 Community Development Block Grant water tower project for Millard Refrigerated Services. He said the City of Statesville had agreed to accept the effluent from the sewer; however, the city officials would not agree to the ownership of the line. Mashburn said an owner had to be listed on the permit, and he requesting permission for Iredell County to own the line (7,600 linear feet with 4 -inch PVC piping). 8. Request for Approval of an Authorizing Resolution for the Community Development Block Grant Water Tank Project: The following resolution was approved. Iredell County Authorizing Resolution Community Development Block Grant Water Tank Project WHEREAS, various state and federal agencies provide funds to counties and municipalities to meet the needs of local governments in financing the costs of community development projects which provide needed services to low and moderate income persons; and WHEREAS, the Division of Community Assistance is the State administering agency for the Community Development Block Grant Program and the Department of Commerce administers the CDBG-Economic Development Program; and WHEREAS, the board of commissioners of Iredell County has solicited and received citizen input regarding the Community Development Block Grant Economic Development Program which will provide 30 low and moderate income workers as part of the grant. i NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Iredell County: That Iredell County will substantially comply with all federal, state, and local laws, rules, regulations and ordinances pertaining to the project and to federal and state grants pertaining thereto. That Steve D. Johnson, Chairman of the Board of Commissioners of Iredell County and successors so titled is hereby authorized and directed to furnish such information as the appropriate governmental agencies may request in connection with such applications for the project; to make the assurances and certifications as contained above; and to execute such other documents as may be required in connection with the construction of the project. That this resolution shall take effect immediately upon its adoption. --------------------------------------END OF CONSENT AGENDA ------------------------------- ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Home & Community Care Block Grant Committee (4 announcements) Board of Health (3 announcements) Board of Equalization & Review (6 announcements) Criminal Justice Partnership Program Committee (8 announcements) Information & Referral (1 announcement) Recreation Advisory Committee (4 announcements) Zoning Board of Adjustment (3 announcements) Juvenile Crime Prevention Council (3 announcements) APPOINTMENTS TO BOARDS & COMMISSIONS Region F Aging Advisory Committee (1 alternate appointment): No nominations were submitted, and Chairman Johnson motione to postpone this appointment until the December 17 meeting. VOTING: Ayes — 4; Nays - 0. Nursing Home Advisory Committee (2 appointments): No nominations were submitted, and Chairman Johnson motioned to postpone these two appointments until the December 17 meeting. VOTING: Ayes — 4; Nays — 0. Adult Care Home Community Advisory Committee (4 appointments): No nominations were submitted, and Chairman Johnson motione to postpone these four appointments until the December 17 meeting. VOTING: Ayes — 4; Nays — 0. Centralina Workforce Development Board (1 appointment): Commissioner Tice nominated Cynthia Hartzog. MOTION by Chairman Johnson to close the nominations and appoint Hartzog by acclamation. VOTING: Ayes — 4; Nays — 0. 9 Planning Board (1 appointment): Commissioner Tice nominated Harry Tsumas, Jr., to serve in the unexpired term (expiration date of June 30, 2006) of Marvin Norman. MOTION by Chairman Johnson to close the nominations and appoint Tsumas by acclamation. VOTING: Ayes — 4; Nays — 0. NEW BUSINESS Resignation of Commissioner Karen B. Ray & Official Notification to the Republican Executive Committee: MOTION by Chairman Johnson to instruct the Clerk to the Board to draft a letter to the Chairman of the Iredell County Republican Party advising of the vacancy on the Iredell County Board of Commissioners and to request a replacement recommendation. VOTING: Ayes — 4; Nays — 0. COUNTY MANAGER'S REPORT: Mr. Mashburn said that on Wednesday, December 11, 2002, a commissioner orientation would be held for Mr. Marvin Norman. Mashburn invited the other commissioners to attend if their schedule permitted. CLOSED SESSION: MOTION by Chairman Johnson at 9:30 p.m., to enter into closed session for the purpose of discussing a personnel matter — G.S. 143-318.11 (a) 6. VOTING: Ayes — 4; Nays — 0. (The board returned to open session at 9:59 p.m.) ADJOURNMENT: MOTION by Chairman Johnson, at 9:59 p.m., to adjourn the meeting. (NEXT MEETING: Tuesday, December 17, 2002, 5:00 p.m., and 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC.) VOTING: Ayes — 4; Nays — 0. Approved: 10 Clerk to the Board