HomeMy WebLinkAboutJanuary 8 2002 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
JANUARY 8, 2002
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
January 8, 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 William P. Pope,
Planning Supervisor Ron Smith, Finance Director Susan Blumenstein, 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:
Adding: • Request from the Library for Approval to Apply for E -Rate Funding
• Request for Approval of a Register of Deed's Technology Account with the
North Carolina Capital Management Trust
• Closed Sessions for: Economic Development — GS 143-318.11 (a) (4)
Attorney Client— GS 143-318.11 (a) (3)
Deleting: • Announcement of the National Association of Counties' Legislative Conference to
be held March 1-5, 2002 in Washington, D.C. & a Request for the Confirmation of
the Commissioners' Meeting Scheduled on March 5, 2002 (No one plans to attend
from the county, and the item was deleted from the agenda.)
VOTING: Ayes — 5; Nays — 0.
PUBLIC HEARINGS
Chairman Tice declared the meeting to be in a public hearing. (Due to the first involving
conditional uses, all members desiring to speak were sworn in.)
Rezoning Request; Case No. 0112-1: Walter David Meeks, Applicant for the Melvin
C. Johnson Heirs, requests that Property be rezoned from Residential Agricultural to
Community Business Conditional Use District (Location: 1975 Mecklenburg Hwy.,
Mooresville, NC, PIN# 4654-27-6957): Planning Supervisor Smith said the owners and
applicant desired to rezone property from Residential Agricultural to Community Business
Conditional Use District. He said the proposed use would be for a garden center or retail nursery
with miscellaneous office uses in an existing building. Smith said no new primary buildings
would be constructed on the site, and that all new development would conform to the Roadway
Protection Overlay requirements. In addition, he said only one driveway cut, onto NC 115,
would be permitted. Mr. Smith continued by saying the property was in a "pivotal" area of the
county. He said the planning staff hoped to work with the Town of Mooresville and the Town of
Davidson on the development of a small area plan. Smith said the planning board on
December 5, 2001, unanimously approved the request.
No one else spoke, and Chairman Tice adjourned the hearing.
OTION by Commissioner Bowles, after reviewing the conditional use permit findings
of fact and determining them to be in order, to grant the rezoning request from Residential
Agricultural to Community Business Conditional Use District for Case No. 0112-1 (Melvin C.
Johnson Property Heirs and Applicant Walter David Meeks).
VOTING: Ayes — 5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing.
Zoning Request; Case No. 0112-2: Due to a Release of Jurisdiction from the City of
Statesville to Iredell County, Kimberly Johnson requests that her property be initially
zoned Residential Agricultural (Location: Weeping Cherry Lane, off Old Wilkesboro
Road, Statesville, NC — PIN#s 4735-17-3039 & 4735-17-9230): Smith said the
owner/applicant recently had this property released from the City of Statesville's zoning
jurisdiction. He said the applicant's property was part of a larger piece of family-owned land
that was bisected by the jurisdictional boundary. Mr. Smith said the City of Statesville released
the property on November 5, 2001, and the owner had requested the county to zone it residential
agricultural. He said the owner desired to place a mobile home on the site. Mr. Smith said the
planning board, on December 5, 2001, unanimously approved the request.
No one else spoke, and Chairman Tice adjourned the hearing.
MOTION by Commissioner Johnson to approve the zoning request for Case No. 0112-2,
for property owned by Kimberly Johnson, to Residential Agricultural.
VOTING: Ayes — 5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing.
Request for Approval of a Proposed Roadway Protection Overlav for the River
Highway Corridor (This would affect new commercial businesses [new construction and
changes that require site plan review] and multi -family establishments): Smith said a
roadway protection overlay for the River Highway Corridor had been accomplished as a result of
the River Highway Corridor Study adopted in December of 2000. Mr. Smith said the proposed
roadway extended from the Town of Mooresville's zoning jurisdiction to the county line. He
said that in most areas, the overly extended 300 feet off the road right-of-way -- north and south.
Smith acknowledged, however, that in an effort to set a more definable boundary, entire parcels
were included in some areas. He said the purpose of the overlay was to create higher
development standards for address signs, lighting, setbacks, storage of materials, and
landscaping. Smith said similar overlays were in use by Mooresville on the eastern portions of
the highway. Mr. Smith emphasized the overlay would not affect single or two-family homes, or
existing businesses. He said that on December 5, 2001, the planning board unanimously
approved the overlay and its implementation.
Commissioner Bowies said he understood the county's overlay differed from
Mooresville's plan. He said he understood that in the county's plan, an existing business would
not have to bring up any curb cuts or shrubbery.
Smith said this was correct. He said the only time an existing business would have to
adhere to the standards was when a site plan was required. Mr. Smith said a site plan was
typically required when a "major" change in use, or renovation, occurred.
No one else spoke, Chairman Tice adjourned the hearing.
MOTION y Commissioner Williams to approve the Roadway Protection Overlay for
the River Highway Corridor.
VOTING: Ayes — 5; Nays — 0.
--------------------------------------------CONSENT AGENDA ---------------------------------------------
OTION by Commissioner Ray to approve the following 11 consent agenda items.
VOTING: Ayes — 5; Nays — 0.
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1. Request for Approval of a High Density Application for the WSIV-CA
Watershed from John Deere Landscapes and Transco LLC (additional information regarding
this matter may be found in the briefing minutes)
2. Request for Approval of a Memorandum of Understanding in Reference to the
Rural Transportation Planning Organization (RPO): During the briefing, the board
members agreed to authorize Chairman Tice to sign the memorandum of understanding after the
staff at Centralina delivered the final draft with the correction pertaining to the Centralina
Executive Board member. (The Centralina member will be in an ex -officio non-voting capacity.)
3. Request for Approval of Revisions to the Plat Review Officer Listing: Planning
Supervisor Smith explained during the briefing that revisions needed to be made to the plat
review officer listing. The approved changes were: deletion of Dean Osborne and Seth Harris
(no longer employed with the county), addition of Kirstie Dixon (new planner), and to recognize
the married name of Rebecca Moose, now Rebecca M. Harper.
Iredell Countv:
Plat Review Officer Listine
Ron Smith
William Allison
Rebecca M. Harper
Kirstie Dixon
Barry Whitesides
Town of Mooresville: Timothy D. Brown
Craig Culbertson
City of Statesville:
Town of Troutman:
David Currier
Steve Warren
Ashley "Lee" Lawson
A.J. Barghothi
Ann Sims
4. Request for Approval of the December 2001 Refunds & Releases
Breakdown of Releases:
$27,309.74
County
18,198.52
Solid Waste Fees
439.00
E. Alexander Co. Fire #1
11.33
Shepherd's Fire #2
329.29
Mt. Mourne Fire #3
29.06
All County Fire #4
690.06
Statesville City
1,859.96
Statesville Downtown
0
Mooresville Town
4,580.12
Mooresville Downtown
0
Mooresville School
939.60
Love Valley
0
Harmony
0
Troutman
232.80
Breakdown of Refunds: $88.85
Statesville City 88.85
5. Request from the Health Department for Approval of Proposed Changes
Regarding Septic System Permit Fees and Preventive Health Fees: The following fee
changes will be effective February 1, 2002.
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Environmental Health
Preventive Health
Current
TB Skin Test $ 10
Adult Health (bundled) 40
Adult Health Repeat PAP 0
Proposed /Approved $ Change % Change
$ 200 25 14.3
330 30 10.0
575 75 15.0
Proposed/Approved
$ 12
Use Approved CPT Codes
Use Approved CPT Codes
6. Request from the Social Services Department to Transfer $136,000 from the
Maintenance of Effort Line Item to the Temporary Assistance for Needy Families (TANF)
Emergency Assistance Line Item (No additional county money will be required. The transfer
is due to rule changes and the declining economy.)
7. Request for Approval of Budget Amendment #23 for the Purpose of Transferring
$1,575 from the E-911 Fund to the Planning Department's General Fund for the Purchase
of Software: During the briefing, Finance Director Blumenstein said that due to the mapping
department converting to ARCInfo software, the Geographic Information System's Rural
Addressing employee, based in the planning department, would need access to the new program.
She said software would need to be purchased for the employee and there would be training
costs. Mrs. Blumenstein said the transfer from the E-911 fund for this type of expenditure was
permissible.
8. Request for Approval of an Agreement with Robert S. Segal, CPA,
Regarding the Application Process for the Bureau of Justice Alien Assistance
Program/Funding (The briefing minutes have information about this item.)
9. Request for Approval of the December 18, 2001 Minutes
10. Request from the Library for Approval to Apply for E -Rate Funding (The
briefing minutes have information about the E -Rate funding.)
11. Request for Approval of a Register of Deed's Technology Account with the
North Carolina Capital Management Trust (The General Statutes require that ten percent of
the recording fees in the Register of Deed's Office be set aside for automation and technology.
The separate account will contain these fees.)
------------------------------------------END OF CONSENT AGENDA ------------------------------------
Request for Approval of a Property Exchange Involving Land Owned by the
Blanton & Moore Company & Land Owned by Iredell County (fairgrounds property):
Support Services Director Jim Vernon said the county had been approached by representatives of
the Blanton & Moore Company about the possibility of exchanging a portion of property. He
said the company owned property in front of the county's fairgrounds, and the representatives
desired to exchange it for a narrow strip of land, owned by the county, that is near the rear of
Blanton & Moore's property. He said the exchange would provide the company with some
additional setbacks for a possible planned expansion. Vernon said the county would receive
property for additional parking and access to the fairground's main entrance. He said the county
did not have a legal easement for this area at the current time. Mr. Vernon said G.S. 160A-271
allowed counties to exchange "like and similar properties." He said both properties were
approximately the same acreage, same zoning, and the same per acre value. In addition, he said
the best use for both properties was for setbacks, parking, etc. Vernon said a notice had been
published in an area newspaper about the proposed exchange. (The PIN# for the Blanton &
Moore property is 4732 61 9240 and consists of approximately 0.219 acres. The PIN# for the
county fairgrounds property is 4732 71 4119, and it consists of approximately 0.293 acres.)
OTION by Commissioner Bowles to grant the property exchange involving land
owned by the Blanton & Moore Company and Iredell County (fairgrounds property).
VOTING: Ayes — 5; Nays — 0.
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Current
Type I or II System
$ 175
Type III System
300
Type IV — VI System
500
Preventive Health
Current
TB Skin Test $ 10
Adult Health (bundled) 40
Adult Health Repeat PAP 0
Proposed /Approved $ Change % Change
$ 200 25 14.3
330 30 10.0
575 75 15.0
Proposed/Approved
$ 12
Use Approved CPT Codes
Use Approved CPT Codes
6. Request from the Social Services Department to Transfer $136,000 from the
Maintenance of Effort Line Item to the Temporary Assistance for Needy Families (TANF)
Emergency Assistance Line Item (No additional county money will be required. The transfer
is due to rule changes and the declining economy.)
7. Request for Approval of Budget Amendment #23 for the Purpose of Transferring
$1,575 from the E-911 Fund to the Planning Department's General Fund for the Purchase
of Software: During the briefing, Finance Director Blumenstein said that due to the mapping
department converting to ARCInfo software, the Geographic Information System's Rural
Addressing employee, based in the planning department, would need access to the new program.
She said software would need to be purchased for the employee and there would be training
costs. Mrs. Blumenstein said the transfer from the E-911 fund for this type of expenditure was
permissible.
8. Request for Approval of an Agreement with Robert S. Segal, CPA,
Regarding the Application Process for the Bureau of Justice Alien Assistance
Program/Funding (The briefing minutes have information about this item.)
9. Request for Approval of the December 18, 2001 Minutes
10. Request from the Library for Approval to Apply for E -Rate Funding (The
briefing minutes have information about the E -Rate funding.)
11. Request for Approval of a Register of Deed's Technology Account with the
North Carolina Capital Management Trust (The General Statutes require that ten percent of
the recording fees in the Register of Deed's Office be set aside for automation and technology.
The separate account will contain these fees.)
------------------------------------------END OF CONSENT AGENDA ------------------------------------
Request for Approval of a Property Exchange Involving Land Owned by the
Blanton & Moore Company & Land Owned by Iredell County (fairgrounds property):
Support Services Director Jim Vernon said the county had been approached by representatives of
the Blanton & Moore Company about the possibility of exchanging a portion of property. He
said the company owned property in front of the county's fairgrounds, and the representatives
desired to exchange it for a narrow strip of land, owned by the county, that is near the rear of
Blanton & Moore's property. He said the exchange would provide the company with some
additional setbacks for a possible planned expansion. Vernon said the county would receive
property for additional parking and access to the fairground's main entrance. He said the county
did not have a legal easement for this area at the current time. Mr. Vernon said G.S. 160A-271
allowed counties to exchange "like and similar properties." He said both properties were
approximately the same acreage, same zoning, and the same per acre value. In addition, he said
the best use for both properties was for setbacks, parking, etc. Vernon said a notice had been
published in an area newspaper about the proposed exchange. (The PIN# for the Blanton &
Moore property is 4732 61 9240 and consists of approximately 0.219 acres. The PIN# for the
county fairgrounds property is 4732 71 4119, and it consists of approximately 0.293 acres.)
OTION by Commissioner Bowles to grant the property exchange involving land
owned by the Blanton & Moore Company and Iredell County (fairgrounds property).
VOTING: Ayes — 5; Nays — 0.
4
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Industrial Facilities & Pollution Control Financing Authority
(1 announcement)
Juvenile Crime Prevention Council (1 announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Adult Care Home Community Advisory Committee (6 appts.): No nominations were
presented, and Chairman Tice moved to postpone the six appointments until the February 5
meeting.
Board of Health (2 appts.): No nominations were submitted, and Commissioner Bowles
ove to postpone the two appointments until the February 5 meeting.
VOTING: Ayes — 5; Nays — 0.
Recreation Advisory Committee (2 appts.): Commissioner Johnson nominated Jim Kay
for a reappointment.
No other nominations were presented, and Chairman Tice moved to appoint Kay by
acclamation and to postpone the remaining appointment until the February 5 meeting.
VOTING: Ayes — 5; Nays — 0.
Juvenile Crime Prevention Council (2 appts.):
Commissioner Williams nominated Cheryl Hildebran and Julie Gibson as Sheriff Phil
Redmond's designees. (This will count as one appointment since Hildebran and Gibson will not
be attending the meetings together. Sheriff Redmond wanted backup on the appointment in case
one of the employees had a work conflict.)
Commissioner Bowles nominated Kathy Douglas. (Douglas replaces Devey Gibbs as the
Mooresville Graded School Superintendent's delegate.)
Chairman Tice �move4 to close the nominations and to appoint Hildebran/Gibson and
Douglas.
VOTING: Ayes — 5; Nays — 0.
MOTION by Commissioner Johnson to reduce the membership of the Juvenile Crime
Prevention Council by two members in an effort assist the council in achieving quorums.
VOTING: Ayes — 5; Nays — 0.
(Note: Attorney Joe Crosswhite recently resigned from the JCPC due to work conflicts. In
addition, commissioner appointee Arris King accepted an employment position outside oflredell County.
This has prevented her from attending the meetings. The JCPC has not achieved a quorum for the past
three or four meetings. The membership was reduced by the commissioners due to this problem.)
COUNTY MANAGER'S REPORT: (During the briefing, County Manager Mashburn
said he would be attending a Mental Health Reform Training Session in Raleigh on
January 17, 2002.)
CLOSED SESSION: Citing G.S. 143-318.1](a) (3) Attorney Client, and G.S. 143-
318.11 (a) (4), Economic Development, Chairman Tice at 7:40 p.m., moved to enter into closed
session.
VOTING: Ayes — 5; Nays — 0.
(RETURN TO OPEN SESSION AT 8:00 P.M.)
F
ADJOURNMENT: MOTION by Chairman Tice to adjourn the meeting at 8:00 p.m.
NEXT MEETING: Annual Planning Session to begin on Friday, January 25, 2002, 8:00 a.m., at
the Agricultural Resource Center, 444 Bristol Drive, Statesville, NC.
VOTING: Ayes — 5; Nays — 0.
Approved:
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Clerk to the Board