HomeMy WebLinkAboutOctober 1 2002 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
OCTOBER 1, 2002
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
October I, 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 (Arrived at 8:55 p.m., due to a family emergency.)
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, EMS Director Tracy Jackson,
and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Tice
INVOCATION by Commissioner Williams
PLEDGE OF ALLEGIANCE TO THE FLAG
ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to adjust the
agenda by:
Additions: Request for the Consideration of a Private -Public Consortium Agreement
with EnergyUnited Electric Membership Corporation & West Family
Realty, LLC Regarding an Elevated Storage Tank
Request for Approval to Apply for a $400,000 Rural Economic
Development Grant & Approval of Two Resolutions (Supplemental
Grants Program and Minority Business Enterprise Percentage Goal)
Request for Permission to Enter Into Purchase Contracts for Two
Properties Near the Iredell County Library (Owners are Rebecca
Weintraub/print shop properties & Elizabeth King/dry cleaner's property)
Request for Approval of an Adjustment to the Permit Fee Schedule
Request for Approval of a Reorganization of the Emergency Services Offices
Closed Session for Property Acquisition — G.S. 143-318.11(a) (5)
VOTING: Ayes — 4; Nays - 0
PRESENTATION OF A CERTIFICATE OF APPRECIATION ISSUED TO
MR. ROBERT ANDERSON YORK IN RECOGNITION OF HIS WORLD WAR II
MILITARY SERVICE IN NORMANDY, FRANCE: Veterans Service Officer Brad
Stroud introduced Mr. Robert Anderson York of 1271 Eufola Road, Statesville, NC.
Stroud said Mr. York qualified for a Commemorative Medal of the Jubilee of Liberty;
however, the French government had stopped minting the medals. Mr. Stroud said that
in lieu of the medal, the French Minister of Foreign Affairs had issued a certificate of
appreciation to Mr. York for his military service in Normandy, France.
Chairman Tice then read out loud the certificate which is written as follows.
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NnmryarltfeLitaatimd 844- 945
Mr. RdatAmb-�TYork
Th's a#ificate is an eqx®oi d or oba're to pWtnhte to tte Bran nen s di as yo l Wn psrtidpatal in the
ter tie aets in orb• to restore Fresnbn to ar aartty 1 n tfe rare d tte Pape d NaTra *,, 1 nald Ifle to ep-Ess ny
daW G-dihrb
Sirmdy,
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Mr. York was presented with the framed certificate, thanked for his honorable and
heroic services, and given a standing ovation by the audience members.
PUBLIC HEARINGS
Chairman Tice declared the meeting to be in a public hearing. (The individuals
desiring to speak in reference to Case 0208-3 were called to the dais and sworn in.)
Russell B. & Patricia T. Knox and Michael J. Heinen & Laurie Beach
Property, Case No. 0208-3, from Residential Agricultural & Highway Business to
Multi -Family Residential Conditional Use District (R -8A) (Location: Mecklynn
Road adjacent to Interstate 77 in Mooresville, NC): Planning Supervisor Smith said
the applicant, Davidson Development LLC, desired to rezone approximately 11.63 acres
(PIN#4644-49-6413 & PIN#4644-49-7731) from Residential Agricultural and Highway
Business to Multi -Family Residential Conditional Use District. He said the southern
portion of the overall tract was zoned Highway Business and the northern section was
Residential Agricultural. Mr. Smith said the applicant had agreed to several conditions
that would mitigate and minimize any adverse impact on the area. He then described the
following conditions and said a few were a little redundant since they were already in
some of the county's ordinances.
CONDITIONS
#1 Development of the site shall be for the purpose of constructing a residential
condominium for 19 attached residential homes and 1 detached single-family home, with
associated allowed accessory uses.
#2 Shall have under 24% impervious area and shall conform with the regulations
of the Low Density Option of the Watershed Regulations.
#3 The site shall maintain a 50' buffer along Lake Norman.
#4 Shall make every reasonable attempt to save the existing trees as indicated on
the plan.
#5 Installation of an evergreen vegetative screen along the northern property line
as indicated on the plan. The evergreen screen shall consist of Nellie Stevens holly (or
equivalent) installed at 5' on center. Height at installation shall be 5' minimum. The
hollies shall reach a minimum height of 15 feet at maturity.
#6 Shall extend the existing been along the frontage of Mecklynn Road and
plant a combination of evergreen and deciduous plant material on the berm.
#7 Detached pole lighting within the site shall be limited to 12' high poles.
#8 The single family unit's side yard adjacent to the southern property line will
be 15' in order to be consistent with the 15' side yard in the Westview
Subdivision.
# 9 No attached housing will be closer than 65' to the southern property line.
#10 The petitioner and his Landscape Architect will consult with the property
owner adjacent to the proposed single family home that the petitioner intends to build and
occupy along the southern property line, in order to devise a landscaped evergreen
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screening plan for the area between the two homes that is aesthetically pleasing for both
homes.
#11 Building height will be 35' maximum.
#12 Building materials for the project shall be a combination of stone (cultured
stone), cement fiber shingles (hard -shingles) dark asphalt roofing shingles, and red metal
roofing accents.
#13 Development of the site shall include an emergency vehicular access to Circle
View Drive. The emergency vehicle access shall remain open and clear of physical
obstructions. The emergency vehicular access easement location shall be recorded on the
Plat of Record. In addition, it shall be stated in the Condominium Documents that the
access is for emergency use only, every day use shall be prohibited.
#14 All land will be conveyed to the Condominium Association in a manner that
will prohibit future subdivision or additional dwelling units. A copy of the Condominium
Documents will be provided to the Iredell County Planning Department prior to
recordation of the Plat.
#15 The Plat of Record will reflect all easement of record, including the
emergency access easement to Circle View Drive.
#16. A State approved contractor will be hired to insure proper operation and
maintenance of the Surface Drip Wastewater Treatment System.
#17 The main entry driveway location shall be at the northern corner of the
property, as generally depicted on the Conditional Plan.
#18 All construction traffic, resident traffic, realtor and visitor traffic shall be
limited to the main driveway access on the north side of the property, as generally
depicted on the Conditional Plan.
-END OF CONDITIONS -
Mr. Smith said the rezoning request did not conflict with the land use plan, and it
would actually bring the parcel currently zoned Highway Business into compliance with
the land use plan as a residential use. In addition, he said the overall density would be no
higher than if the property were developed under the current Residential Agricultural
zoning restrictions. Smith said the only difference would be the type of housing. He
said the staff recommended approval of the request, and on August 7, 2002, the planning
board approved the rezoning in a 7-2 vote.
Commissioner Johnson asked what would govern the applicant's compliance with
the density of the development. He said he already knew there would be the watershed
regulations and the 18 conditions, but he asked what assurance could be given to the
neighbors, as far as a method of enforcement, that the development would not exceed 20
units.
Smith said that before the plat was recorded, the planning department would make
sure the unit limitation was stipulated on it. He also said the site plans would be
reviewed in the planning department.
Commissioner Bowles asked about the single-family dwelling. He asked how far
it was from the attached housing.
Smith said he didn't know the specific distance.
Commissioner Bowles said he understood the single-family dwelling could never
be split and used as a two-family home, unless it received the planning board's approval.
Smith said that was correct. He said there would have to be changes in the way
the planning staff dealt with the critical area of the watershed, and there would have to be
changes in the recorded agreement.
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Jim Walker (opponent) said he represented 300 residents on the Langtree
peninsula. Walker asked the board to postpone or reject any development surrounding
the proposed interchange until a master plan was completed. He presented a petition in
opposition with over 300 signatures from residents of the Westview, Waterside,
Bridgeport, Royal Pointe, Alexander's Island, Sailor's Lair, Carson's Place, Pin Oak,
Lakeview Shores, Yeoman's Road, and King's Landing Developments.
Fitzhugh Stout (proponent) said he was the Managing Director for Integra Realty
Resources, and he had been appraising property for 27 years. Stout said he had been
requested by the developer to determine if any adverse impacts would occur on the area's
single-family home values if the Cove Key Town Home Development were constructed.
Stout said that in making his decision, he reviewed the site plan, floor plan, exterior
building elevations, the planning staff report, the preliminary findings of fact, the list of
concerns from the Westview Homeowner's Association, and the list of conditions. He
said the density of the project was 1.7 units, which was fairly consistent with the
development across the cove, and it was slightly higher than what was south of the
project. Mr. Stout said his opinion was that the proposed use and density were consistent
and compatible with the surrounding land use patterns. He said the project would be well
screened with an adequate setback from the shore of Lake Norman.
Anne Hicks (opponent) said she was a concerned resident of the Langtree
peninsula, and she was a former member (extraterritorial zoning jurisdiction) of the Town
of Cornelius Planning Commission. Ms. Hicks said she had first-hand knowledge of
what could happen when an area was developed without a small area plan and/or
adequate zoning ordinances. She requested for the rezoning to be denied until further
study could be done, or a small area plan was created along with appropriate zoning
ordinances for the entire area surrounding the proposed 1-77 interchange.
Desiree McSorly (proponent) said she was a registered landscape architect with a
firm in Charlotte, NC. She said approval of the rezoning would bring the parcel currently
zoned Highway Business into compliance with the land use plan. McSorly said she had
worked extensively with the planning department, and the development met or exceeded
all of the requirements of the ordinance. She said the development would be constructed
under the low-density watershed option, and it would maintain a 50 ft. vegetative buffer.
McSorly said that "substantial woodland habitats would be saved with the plan." In
addition, she said an "innovative wastewater system that treated the water first and then
filtered it on to the forest floor would be used." Ms. McSorly said the development
would not materially endanger the public health or safety of the area residents. She said
(1) Duke Power had visited the site and agreed to relocate the existing service line (2) the
gas company had been contacted regarding the easement (3) Heater Utilities had agreed
to reserve water capacity for the 20 units and had committed to provide water for them in
the future and (4) the Mount Mourne Volunteer Fire Department Chief had expressed an
opinion that adequate access would be in place for emergency vehicles.
Tony Jacobs (proponent) said he was a licensed soil scientist, and he had
reviewed the site in regards to waste treatment. He said the development would have a
"spray permit" issued by the North Carolina Department of Natural Resources and
Environment (DENR)/Division of Water Quality/Mooresville office. Jacobs said the
spray method was much preferred by DENR over a discharge permit. Mr. Jacobs said he
had experience with a drip system (70 thousand gallons a day) in the mountains of North
Carolina, and its water was six classes cleaner than Lake Norman. He said The Pointe's
Golf Club used the drip system.
Commissioner Bowles asked about the permitting for the system and the
advantages of the proposed system over a package treatment plant.
Jacobs said the state would permit the system. He said the system was called
"reuse water" and it was much better than what was in the permit for the Bridgeport
Subdivision.
Bowles asked if the proposed system would discharge into the lake.
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Jacobs said, "not at all." Mr. Jacobs said the residents closest to the waste system
would be the actual town home owners.
Bowles said he was understanding the water would be treated on-site.
Jacobs said that in a septic system, the water was treated below the ground, but in
this system, it would be treated above ground, and then it would return to the surface. He
said the oxygen level at the surface (20% ambient) made it a much more qualified system
for the environment.
An unidentified individual asked Mr. Jacobs what he meant by "above ground."
Jacobs said right behind the berm.
Scott Guice (opponent) requested denial of the rezoning. He said his request was
based upon:
1. It placed a multi -family development into an area of single-family homes, and
this would set a precedent.
2. There were discrepancies in the conditional use plan presented to the planning board.
3. According to the Iredell County Zoning Ordinances, at a minimum, a 35 -foot
setback must be maintained along all exterior property lines including side
yards. The proposed development has a 15 -ft. setback.
4. The plan was not "harmonious" with the location and character of the area.
5. A small area plan was needed for the developers and the residents.
6. There are environmental concerns about the drip wastewater system and its
close proximity to the lake.
7. The project does not meet the special requirements stipulated in the Iredell
County Zoning Ordinance.
8. A market analysis has shown that the project is inconsistent with the current
market values for town homes on the lake.
9. There will be traffic problems for the area -- one way in and one way out.
Commissioner Williams asked the planning supervisor to clarify the southern end
setback.
Smith said the southern most side would have a single-family structure with a 15 -
foot setback.
Commissioner Johnson asked if a small area plan would significantly alter the
type of development that was being discussed.
Smith said that, typically, land use plans designated areas for high, low, or
medium densities. He said high density, which he didn't feel the town homes were,
would actually fit into the land use plan.
Chairman Tice asked what uses would be allowed in the Highway Business
District.
Smith said there could be a "myriad of uses." He said some uses might be car
washes, convenience stores, and auto repair stores.
Larry Resnick (proponent) said he lived in the Diamondhead Subdivision, and he
and his wife were interested in owning one of the homes in the Cove Cay Development.
He encouraged approval of the rezoning.
George Moore (opponent) said he had owned property for 40 years on the north
border of the proposed development. He said there was one acre, owned by Heater
Utilities, that did not have any trees. Mr. Moore said he agreed that Highway Business
was the wrong zoning, but all the board had to do was change it to residential. He asked
<s
the public purpose for changing the rezoning to multi -family. He asked whose rights
were being protected -- the developers or the current residents.
Ron Kennerly (developer for the site) said he and his son (Chris) had worked
hard to develop a planned community that preserved the land and the lake. He said the
drip sewer system allowed them to preserve over 60% of the trees. Kennerly said
landscaping would screen the Heater Utilities site. He said the wastewater system would
not lower the water table. He also said that effluent would not be introduced into any
underground well systems. Kennerly said the town homes would be 2,800 sq. feet to
3,800 sq. ft. with prices from $525,000 up to $775,000. He said there were two one -level
condominiums proposed ($475,000 each for 1,975 sq. ft.) and there were 17 town homes.
He also said there would be one single family detached home on the site. Mr. Kennerly
said there was a market for the homes, and 12 people had already expressed an interest.
Bob Henderson (attorney for the developer) said, "the development had evolved
into a remarkable plan, and the cluster housing had extensive buffers." Henderson also
said:
"The decision regarding the development is not about a small area plan.
However, if one were in place, the most aggressive thing it would stipulate would be to
require low density residential at the site. What is proposed is low residential. There is
no planning document now, that requires single-family residential at any location. The
four -prong test in the county's ordinance has been met.
a. The use is eligible for conditional use.
b. The plan presents no material public health or safety issues. (The staff, a
professional landscaping architect/planner, and a professional soil scientist
have spoken to these items.
c. Meets or exceeds all requirements, conditions, or specifications of the
ordinance.
d. The plan is in harmony with the area. There is no plan that mandates an
area must be single-family. The county's ordinance envisions room for
smart growth of this sort. A density no greater than single-family, but it
is better than this, because it has less impact on the surrounding areas and
environment."
(Mr. Henderson requested that the items presented in the Power Point presentation
be included as a part of the record.)
Mike Polarick (opponent) said he lived at Waterside Landing, across the bay
from the property. Polarick said he was a retired chemical engineer, and he felt the
development would impact the water table and private wells. He said storms would
wash the sewer effluent into the lake.
Jacobs, the soil scientist, said the drip system would have cleaner water than what
the Bridgeport Subdivision was already putting into the lake.
Chairman Tice adjourned the public hearing.
Commissioner Bowles asked Mr. Kennerly if the plan could be modified in terms
of the single-family home -- could the buffer be moved from 15 feet to 35 feet on the
southern exposure.
Kennerly said it was a tight site. He said the original plan called for a ten -foot
setback. Mr. Kennerly said he later met with Dr. Guice, to discuss his concerns about the
development, and it was then decided to move the setback to 15 feet.
McSorly said the developer would lose one town home if the setback were
increased to 35 feet.
Kennerly agreed to have a 35 -foot setback.
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MOTION by Commissioner Bowles, after reviewing the findings of fact and
determining them to be in order, after determining that the rezoning is consistent with the
Land Use Development Plan written as of this date, after hearing the opinion of the
planning staff indicating that if a small area plan were done, the same verdict would be
reached, after receiving the planning staffs recommendation for approval, after receiving
the planning board's recommendation for approval, and after walking the site myself, to
approve the rezoning request of Case #0208-03 with an additional condition being:
#19 - the southern boundary will be increased from a 15 -foot setback to a 35 -foot
setback.
VOTING: Ayes — 3; Nays — 1 (Tice)
Chairman Tice declared the meeting to be in a public hearing. (Other than the
Planning Supervisor, no one desired to speak in reference to the conditional uses in Case
#0209-1.)
REZONING REQUEST; NINA GAFFNEY PROPERTY, CASE NO. 0209-1,
FROM RESIDENTIAL AGRICULTURAL TO NEIGHBORHOOD BUSINESS
CONDITIONAL USE DISTRICT (LOCATION: BRAWLEY SCHOOL ROAD
SOUTH OF BEECH TREE ROAD, MOORESVILLE, NC): Planning Supervisor
Smith said the owner/applicant Nina Gaffney desired to rezone approximately .8 acres
(PIN#4636-26-9915) from Residential Agricultural to Neighborhood Business
Conditional Use District. Smith said the applicant was agreeable to the following
conditions.
1. Roadway Protection Overlay (RPO) standards along Brawley School Road.
2. Site Development Plan to provide for future interconnectivity between adjacent
properties.
3. No billboards permitted on the property.
Mr. Smith continued by saying the existing land use was vacant, and the
surrounding usage was residential and commercial. He said the property had a
commercial land use classification in the Brawley School Peninsula Small Area Plan.
Smith said the staff recommended approval of the request, and on September 4, 2002, the
planning board unanimously approved the rezoning.
(Two unidentified individuals from the audience section said they were in favor of
the rezoning.)
No one else requested to speak, and Chairman Tice adjourned the hearing.
MOTION by Commissioner Williams, after reviewing the findings of fact and
determining them to be in order, to grant the rezoning request for Case No. 0209-1
(Gaffney) from Residential Agricultural to Neighborhood Business Conditional Use
District.
VOTING: Ayes — 5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing.
PROPOSED AMENDMENT TO THE IREDELL COUNTY SUBDIVISION
ORDINANCE (SECTION 404.4) COMMON OPEN SPACE TO BE PROVIDED
FOR SUBDIVISIONS: Smith said that during the community meetings held in
reference to the Brawley School Peninsula Small Area Plan, many residents stated the
need to have more public park facilities. He said that based on the citizen comments, a
subdivision ordinance revision was being proposed whereby a developer would be given
three open space choices. (Currently, there is only one requirement). The choices
would be:
I. Set aside 15% of the gross acreage of developable land dedicated as
common open space (the current requirement ranges from 10-15%
N
dependent upon the number of lots created and the size of those lots.
This would be revised to a straight 15%; or
2. Donate an equitable amount of suitable land in another area to the
County or use as public open space for parks and/or recreational areas;
or
3. Make a payment to the County in lieu of a dedication for the
acquisition, development, or redevelopment of public open space to be
used for parks and recreation areas in the general vicinity of the
development.
No one else desired to speak, and Chairman Tice adjourned the hearing.
MOTION by Commissioner Bowles to adopt the Common Open Space Provision,
with the understanding that it involved only the larger subdivisions.
VOTING: Ayes — 5; Nays — 0.
The revision to the ordinance is as follows.
404.4 Amount of Common Open Space to be Provided
A. The developer of any proposed subdivision with more than 10 developable lots shall identify and
commit to one of the three (3) options detailed below at the time the preliminary plat application is
submitted.
1. On -Site Land Dedication
Dedicate at least 15% of the gross acreage being developed as common open space
within the subdivision. Lake access lots provided as required under Section 404.2 (F)
may be counted towards this requirement. The following guidelines shall apply;
(a) Each lot in the development shall have direct access or access by right-of-
way or easement to such open space.
(b) The size, shape, and location of such dedicated land shall be compatible
with the rest of the development and shall be suitable for the open space and
recreational needs of the residents of the subdivision.
(c) Open spaces shall be held by a homeowners association, property owner's
association, public agency, nonprofit organization or similar legal entity that is
organized for, capable of, and willing to accept responsibility for managing the
open space for its intended purpose.
(d) The title to such open space shall be preserved for the perpetual benefit of
the private property owners in the development and shall be restricted against
private ownership for any other purposes. Further, the open space shall be
perpetually preserved and the title shall be restricted against use for any other
purpose.
2. Off -Site Land Dedication
If the reouired common open space is canal to or greater than two (2) acres. the developer
may also donate to the County an equitable amount of suitable land in another location for
the use of public open space. The developer of the proposed subdivision shall identify and
commit to this preference at the time he submits the preliminary plat application. The
Subdivision Administrator shall review this request for approval and may deny the request if
the land is not physically or geographically suitable for recreational purposes.
3. Fees in Lieu of Open Space Dedication
The developer may pay a fee to the County in lieu of such dedication. The following formula
shall be used in determining the fee.
(assessed value of onsite property) x (yearly adjusted inflation rate) x (# years since
i
last revaluation) + 1
= Payment in lieu of Open Space Dedication Fee
Assessed value of on-site property equals the value of the required amount o land to be
dedicated as a percentage ofthe assessed valuation o1'the site prior to subdivision, (i.e.
ifthe total acreage is 100 and the total assessed value equals S500,000 and the required
open space dedication is 15 acres then the assessed value of the open space would be
15%o '$500 000 or $75 000).
Yearly adiusted inflation rate is hosed upon prevailing inflation rates as reported
annually in the Wall Street Journal or other reliable, financial reporting medium (i.e.
33°x.
Number of years since last revaluation is the total number or years since the last
revaluation ivas conducted by the taxing authority
Example:
Assessed Valuation: $75,000(75,000)
Inflation Rate: 3% x (.03 x 6) + t
Years since last Revaluation: 6 $88,500
(a) Any disagreements in the amount of required payment shall be resolved by conducting
professional appraisal of the fair market value of the property at the subdivider's
expense.
(b) The professional appraiser shall be mutually a re�pon by the County, or appointed
by the County should an agreement not be reached.
(c) All payments made in lieu of the dedication of open space shall be made at the time of
submission for final subdivision approval.
(d) Failure to submit the required fee along with such applications will delav approval of
such submissions until payment is rendered.
(e) All funds received for payment in lieu of dedication of open space shall be used for the
acquisition, development, and redevelopment of public open space within the County in
correlation with NCGS 153A-331.
(f) In the event that the County has a Recreation Plan, Greenway Plan, Open Space Plan, or
similar document in place, projects designated and/or prioritized in said plan shall be
given consideration in the utilization of the funds brought in by this program.
Prioritization shall be given to projects which show the highest public benefit.
PROPOSED AMENDMENT TO THE IREDELL COUNTY SUBDIVISION
ORDINANCE (SECTION 6.18), ROADWAY PROTECTION OVERLAY TWO
(RP02): Smith said the county currently had an overlay in the ordinance; however, after
hearing public comments during the Brawley School Peninsula Small Area Plan meeting,
it was decided to create another RPO. He said the RP02 proposal would add to the
existing sign standards, require more landscaping, and add parking location standards.
Smith said street trees were also added to the landscaping requirements. (The proposal
for street trees would be for new and existing RPO sections.)
Commissioner Bowles asked if the proposal would be in the ordinance as a
requirement or a recommendation.
Smith said the RP02, itself, would be a requirement, but the architectural
stipulations would be included as a recommendation.
Bowles asked about the bushes and trees.
Smith said these would be a requirement. He said building design -- stucco vs.
brick, etc., would be a recommendation.
Bowles asked what would happen with the following scenario: A person has an
existing vacant building and he or she wants to open a gift shop. Would the person need
a site plan?
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Smith said that in that situation, a site plan would probably not be needed. He
said, however, this might not be the case if the individual adding parking or reconfigured
something.
No one else desired to speak, and Chairman Tice adjourned the hearing.
MOTION by Commissioner Williams to adopt the proposed amendment to the
Iredell County Zoning Ordinance, Section 6.18 Roadway Protection Overlay Two
(RP02).
VOTING: Ayes — 4; Nays —1 (Bowles)
The amendment is as follows.
Section 6.18 Roadway Protection Overlay District Two (RP02)
A. Application. The requirements of this Section apply to all uses in the RPO District
except one and two-family residences, including newly established uses and
changes in use that require site plan approvals.
B. Front Yard Setback. The front yard setback shall be a minimum of eighty (80) feet
measured from the centerline of the frontage roadway but in no case shall the front yard
setback be less than that required by the use for the underlying district in which located,
or thirty (30) feet whichever is the greater. Where applicable, the front yard setback is to
be measured from any future right-of-way as designated in the Iredell County
Thoroughfare Plan. No chain link or similar fencing is permitted in the front yard.
Fences of natural materials (i.e., wood, brick, stone, etc.) would be permitted in the front
yard.
C. Minimum Lot Width. The minimum lot width for all lots created after the effective date
of the RPO District shall be one hundred and fifty (150) feet.
D. Outside Storage of Materials. All outside storage of materials shall be prohibited. This
shall include the storage of goods or materials which are not an integral part of the use of
the property and which are not obviously for sale. This shall not preclude any situation
where the primary use of the property includes the outside display of goods for sale such
as automobiles, boats, mobile homes, etc.
E. Ingress and Egress Points.
1. On any lot in any planned multi -tenant development which
contains more than one lot, no two points of ingress and egress (as
measured at their closest distance) shall be closer than three -hundred
(300) feet apart. No more than two (2) separate points of ingress and
egress per lot or within a planned multi -tenant development shall be
allowed per road front, except where included as a condition for a use
which requires a conditional use permit located on a lot containing
five (5) or more acres. Any use engaged in the sale of automobile
fuels to the public and having more than three (3) fuel stations shall be
allowed to have no more than one additional point of ingress and
egress per road front provided that said point of ingress and egress is
located no closer than forty (40) feet from any other such access point.
2. Except where ingress and egress would be denied, no portion of
a point of ingress and egress shall be located closer than two -hundred
(200) feet to the centerline intersection of the road upon which the use
fronts and an intersecting road. Any driveway serving as a point of
ingress and egress shall have a width not to exceed thirty-six (36) feet
unless otherwise required by NCDOT.
3. For purposes of determining the allowable number of
ingress and egress points on any particular lot, all lots recorded at the
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effective date of this Ordinance shall be granted at least one ingress
and egress point per road front unless access can be provided
internally. If any subdivision of land occurs after the effective date
of this Ordinance, the number of ingress and egress points shall be
determined based on the linear road frontage the tract contained prior
to such subdivision. For instance, if a tract of land contained 1,300
feet of road frontage and, subsequent to the adoption of this
Ordinance, were subdivided into three lots, only two points of
ingress and egress serving the three lots would be allowed.
4. The creation of off -set driveways and/or intersections is not
permitted, unless no practical alternative exists.
5. All driveway entrances with direct access onto a thoroughfare that
ties within an RPO and which must have an approved NCDOT
driveway permit must be paved to NCDOT standards from the edge
of the existing roadway pavement to the existing right-of-way limit
on the interior of the property.
6. All parking areas must be located in the rear and/or side yard and
must be connected to adiacentarp king areas where feasible.
F. Signs.
One Fee standing identification monument sign per lot (or multi -tenant development)
shall be allowed. The maximum height of a FFA monument sign shall be fifteen
(13) six 6 feet. The maximum area of all ffee standin monument signs shall be seventy
two (72) thirty-six (36) square feet unless a lower sign height and/or a smaller sign area
is required for the underlying zoning district. In such case, the more stringent height
and/or size requirements shall apply.
In the event that a parcel has frontage on more than one public road an a
monument sign shall be permitted for each road frontage The maximum area for each
additional sign shall be fifty (50) thirty-six (36) square feet. All additional signs shall
meet the standards listed above concerning height and underlying district requirements.
Furthermore, wall signage will be allowed and shall not exceed 4-00 thirty-six (36)
square feet.
2. All F.� monument signs must be at least ten (10) feet from the right -of way line.
3. All signs shall be constructed to the standards of Section 3108 of the North Carolina Building
Code and shall be tastefully done. They shall be maintained in safe condition, free from
deterioration, missing parts, and peeling paint.
4. Billboard signs, off -premise advertising signs, temporary signs (including real estate signs),
portable signs, and moveable signs are prohibited.
G. Outdoor Lighting Standards.
Outdoor lighting shall not exceed 6 -foot-candles, measured at ground level at any point
within the property, and shall be installed in such a manner that the source of light (the
bulb) is shielded and not visible from adjacent roadways. All lighting shall be directed
inward in such a manner so as not to produce glare onto adjacent property and so that the
primary cone of illumination does not extend beyond the property lines.
IT, Landscaping.
Any chain link or similar fencing visible from the street must be screened at least ninety
(90) percent opaque from the ground to a height of at (east six (6) feet as per Section
12.1 of the Iredell County Zoning Ordinance.
1 Commercial Parking lots must be screened from the roadway at least ninety
(90) percent opaque from the ground to a height of at least four (4) feet as per
Section 12.1. This provision may be omitted if it is accomplished by #1 above.
3. The parking lot shall also be landscaped with canopy trees as required by this section at
the rate shown below. This requirement shall be initiated by the initial use or development of the
propertyy. Canopy trees shall be provided at a rate of one canopy tree for every 6 spaces. Required
canopy trees shall be distributed throughout the parking area and shall be located within or
adjacent to parking lots as tree islands, at the end of parking bays, inside medians or between
rows of parking spaces. Canopy trees must be a minimum of eight (8) feet high and two (2)
inches in diameter, measured six (6) inches above grade at planting. When mature, a canopy
should be at least forty (40) feet high and have a minimum crown width of thirty (30) feet. A list
of appropriate trees can be found in the section below.
4. A landscaped roadway yard shall be provided by each use subject to this requirement. The
requirement for a landscaped roadway yard shall be initiated by the occurrence of the same
activities as set forth in Section 12.1. A landscaped roadway yard is a landscaped area parallel to
the public roadway designed to provide continuity of vegetation along the right-of-way and a
pleasing view from the road. The landscaped area shall be penetrated only by driveways and
crosswalks. The minimum width of the roadway yard shall be fifteen (15) feet measured from and
parallel to the public road right-of-way or future right-of-way as designated by the Iredell County
Thoroughfare Plan, whichever is most restrictive. it .hal 1 be land.,.aped and maintained will
d shall be planted with small anWor medium shrubs at a rate of fifteen (15) pe
a,s ,anarEa(100` Ii car fast 4 StrRstViara not
ovary ng driveway —and sressEEalk area. The
Planning Director may approve a different vegetative landscape type when in his opinion equal o
better peFfafmanee 411 ..,,,...1. It shall be landscaped and maintained with a combination of trees
and shrubs, consisting of a minimum of one (1) tree and ten (10) shrubs for each fifty (50) feet.
The following is a sample list of recommended trees b common name.
Red Maple
Pecan
Deodar Cedar
White Spruce
American Holly
Black Locust
Red Mulberry
White Pine
Sycamore
White Oak
Pin Oak
Post Oak
American Linden
American Elm
The following is a sample list of recommended shrubs by common name.
American Boxwood Common Juniper
Carolina Allspice
Nandina
Flowering Quince
Azalea
Hedge Cotoneaster
Mapleleaf Viburnum
Japanese Holly
Sargents Chinese Juniper
Japanese Barberry
Common Laurelcherry
Purple Beautyberry
Fragrant Sumac
Architectural Recommendations
L General Recommendation
a. At least 70% of the street level frontages shall be in windows or doorways.
Street level windows shall be visually permeable. Mirroredlag ss is not
permitted in any location. Faux or display casements are not permitted in lieu of
exterior window treatments for the frontage elevation.
b. No frontage wall shall remain unpierced by as window or functionaleg neral
access doorway for more than sixteen (16) feet.
C. The principle, functional doorway for public or direct -entry access into a
building shall be from the fronting street. Corner entrances shall be provided on
corner lot buildings.
d. Decorative cornices shall be provided for buildings with a flat roof.
Alternatively, eaves shall be provided with a pitched roof.
e. A building canopy, awning, or similar weather protection may be provided
and should project 3.5 feet from the facade.
12
2. Materials
a. Commercial building walls shall be brick, cast concrete. stucco. stone. marble. or
other materials similar in appearance and durability. Regular or decorative
concrete block may be used on building walls not visible from a public street or
as an accent material only. All accessory buildings shall be clad in materials
similar in appearance to the principle structure.
b. Pitched roofs shall be clad in wood shingles, standing seam metal, corrugated
metal, slate, diamond tab asphalt shingles, or similar material.
C. Signs on the insides of glazed openings may be neon.
3. Configurations
a. All visibly exposed facades shall have a recognizable base course, which shall
align with the sill level of the first story consisting of, but not limited to, thicker
walls, ledges or sills: integrally textured materials such as stone or other
masonry: integrally colored and patterned materials such as smooth finished
stone or tile, lighter or darker colored materials, mullions, or panels: and/or
planters.
b. All visibly exposed facades shall have a recognizable top consisting of, but not
limited to, cornice treatments, other than just colored stripes or bands, with
integrally textured materials such as stone or other masonry or differently
colored materials, sloping roof with overhangs and brackets, stepped parapets,
and/or a cornice which shall terminate or cap the top of the building wall.
c. Two wall materials may be combined horizontally on one fagade. The heavier
material should be below.
d. Skylights shall be flat (non -bubble).
4. Techniques
a. Stucco shall be float finish.
b. Windows shall be set to the inside of the building face wall.
c. All rooftop equipment shall be enclosed in the building material that matches the
structure or is visually compatible with the structure.
--------------------------------------CONSENT
MOTION by Commissioner Williams to approve the following 12 consent
agenda items.
VOTING: Ayes — 5; Nays — 0
1. Discussion and/or Approval of a Small Area Plan for South Iredell: The board
gave approval for the planning department to proceed with a small area plan for a
southeastern section of the county. (Major road areas to be included in the plan are:
Transco, Langtree, Mecklenburg Highway, Midway Lake, Faith, Presbyterian, and
Shearer's Road.)
2. Discussion and/or Approval of the County's Priority Listing for the North
Carolina Transportation Improvement Program (TIP): No changes were requested
for the TIP listing. Planning Supervisor Smith will represent the county at the
October 16, 2002, TIP comment session in Hiddenite, North Carolina.
3. Presentation and/or Approval of a Request from the Mooresville Graded School
District in Reference to the Purchase of Land for a new Intermediate School:
Approval was given to the Mooresville School officials to proceed with the purchase of
property for the construction of a 750-800 student intermediate school. Additional
information is as follows.
32.49 acres of land to be purchased between Highways 150 and 152 at Wiggins Road
Purchase price is $825,000 ($25,392 per acre)
Funding:
13
2000 County Appropriation $586,764
Interest earned 61,271
MGSD Long -Range Reserve Fund 176,965
Total $825,000
Current owners: Thomas & Diana Dempsey, Arlington, VA
Projected completion is in 2005
The new school is listed as Priority #1 in the 2002 Mooresville Graded School
District's Long -Range Facilities Plan
4. Request for Approval of a Resolution Authorizing the Exchange of the County's
Parker Boat for a Welleraft Boat: The following resolution describes this exchange.
Resolution Authorizing
Exchange of Personal Property
WHEREAS, Iredell County owns a 25' Parker boat valued at $16,000; and
WHEREAS, Mr. Jeff Lancaster owns a 24' Wellcraft boat valued at $27,420; and
WHEREAS, the County and Mr. Lancaster wish to make an even exchange for the two
described boats; and
WHEREAS, North Carolina General Statute 160A-271 authorizes the County to make
such an exchange if authorized by the Board of Commissioners by a resolution adopted at a
regular meeting of the Board upon at least ten days public notice; and
WHEREAS, the County has given the required public notice, and the Board is convened
at a regular meeting.
THEREFORE, the Board of Commissioners of Iredell County resolves that:
1. The exchange of properties described above is authorized.
2. The appropriate county officials are directed to execute the appropriate instruments
necessary to carry out the exchange.
This the 1" day of October, 2002.
5. Request for Approval of the North Carolina Rural Fire District's Report of
Fire Conditions/Local Firemen's Relief Fund for 2002: The following individuals
were approved as Firemen's Relief Fund Trustees for the 14 volunteer fire departments.
North Carolina Rural Fire District
Report of Fire Conditions
Local Firemen's Relief Fund
2002
Department
#3
B&F/Troutman
Joe E. Clodfelter
Central
Nelson Cook
Cool Springs
Ken Secrest
Ebenezer
Wayne Smith
Harmony
Matt Baldwin
Lake Norman
Edward A. Neel
Monticello
Wayne Mayberry
Mt. Mourne
Chris Goodrum
Shepherds
Kelly Robinson
South Iredell
Bruce Kennerly
Trinity
Bill Little
Union Grove
Nolen Shoemaker
Wayside
Richard Oldfield
West Iredell
John Byers
14
1
R. J.Wilson, Jr.
Jim Reavis
Matthew Baity
Harry Frye
Timothy Frye
Mark Missler
Mary Summers
Gary Craven
Donald McClain
Dale Burgess
Kent Moore
Jody Hoots
Kenneth Hall
Tommy McNeely
6. Request for Approval of a Proposed Budget for the Harmony Library:
During the briefing, Library Messick shared a $159,970 budget for the Harmony Library.
The line item amounts for the budget are as follows.
5100-02
Salaries & Wages -Regular
$ 28,280
5125-01
FICA Taxes Expense
2,163
5125-02
Employee Group Health Insurance
8,880
5125-03
State Retirement & 401 K
2,828
5315-00
Insurance & Bonds
2,474
5325-00
Maintenance & Repairs/Buildings
1,500
5325-01
Maintenance & Repairs
1,070
5340-00
Postage
475
5350-00
Departmental Supplies -Mise.
13,400
5350-12
Supplies -Library Materials
46,105
5355-00
Telephone
1,160
5362-00
Travel
799
5370-00
Utilities -Electricity & Water
2,250
5370-01
Utilities -Gas & Fuel Oil
-
5375-04
Contracted Services -Janitorial
1,320
5375-08
Contracted Services — Other
5,730
5375-14
Contracted Services — Software
920
6200-00
Non -Depreciable Assets
40,615
159 970
Also, during the briefing, Messick said the Harmony library would be completed
this month. He said the facility, however, would not be opened to the public until
January of 2003. Mr. Messick said the branch head would be hired about two months
prior to the opening, and the other employees would be hired later.
7. Consideration to Place on the October 15, 2002 Agenda a Resolution to Possibly
Adopt the One -Half Cent Sales Tax to Become Effective December 1, 2002: (The
purpose of this request was to ask permission to place a notice in the newspaper advising
that the board would consider and possibly adopt a resolution to levy an additional one-
half cent sales and use tax at the regular meeting scheduled on October 15, 2002.)
8. Request for the Consideration of a Private -Public Consortium Agreement with
EnergyUnited Electric Membership Corporation & West Family Realty, LLC
Regarding an Elevated Storage Tank: During the briefing, Economic Developer Jeff
McKay, with the Greater Statesville Development Corporation, and the County Manager
explained that this agreement would assist Millard Refrigeration, and any other industries
desiring to locate near the former Polar Cold Storage facility located on Hwy. 64 west of
Statesville, with a water system. The system would include a 1,000,000 gallon elevated
storage water tank. Funds designated to pay for the tank are: Community Block
Development Grant in the amount of $240,000, West Family Realty will transfer
$100,000 in cash received as a loan from the Greater Statesville Committee of 100;
$240,000 in cash received by West as a loan from EnergyUnited; $200,000 or "such
larger sum as may be required to pay the low bidder from its own resources." (In
addition, McKay, said a $400,000 Rural Economic Development Grant would be used.)
The consortium agreement stipulates that Iredell County will lease the tank to
EnergyUnited for a term of 20 years. Tank maintenance during this period will be the
responsibility of EnergyUnited. Revenues from the tank will belong to EnergyUnited.
West Realty will repay the above mentioned loans by imposing an acreage fee on
property to be sold in the future.
9. Request for Approval to Apply for a $400,000 Rural Economic Development
Center Grant (REDC) & Approval of Two Resolutions (Supplemental Grants
Program and Minority Business Enterprise Percentage Goal): Economic Developer
McKay said during the briefing that this grant would assist in the construction of the one
million gallon elevated water tank (West Farm Water Tower). The county's economic
development incentive of $112,800 approved on September 3, 2002, for Millard
Refrigeration, will be used as a local match for the REDC grant.
15
Adopted resolutions are as follows.
AUTHORIZING RESOLUTION BY IREDELL COUNTY
SUPPLEMENTAL GRANTS PROGRAM
WHEREAS, the 1998 Critical Needs Bond Act has authorized the making of loans and
grants to aid eligible units of government in financing the cost for construction of wastewater
treatment works, wastewater collection systems, and water supply systems, water conservation
projects; and
WHEREAS, the Iredell County Board of Commissioners has a need for and intends to
construct a one million gallon water tower to meet the fire and safety demands for the acquisition
and expansion of an existing refrigeration company by Millard Refrigerated Services in
Statesville, North Carolina.
WHEREAS, the Iredell County Board of Commissioners intends to request grant
assistance from the Supplemental Grants Program for the project.
NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF
COMMISSIONERS OF IREDELL:
That the Iredell County Board of Commissioners will arrange financing for all remaining
costs of the project, if approved for a grant.
That the Iredell County Board of Commissioners will provide for efficient operation and
maintenance of the project on completion of construction thereof.
That Joel Mashburn, County Manager, and successors so titled, is hereby authorized to
execute and file an application on behalf of Iredell County with the North Carolina Rural
Economic Development Center (Rural Center) for a grant to assist in the construction of the
project described above.
That Joel Mashburn, County Manager, and successors so titled, is hereby authorized and
directed to furnish such information as the Rural Center may request in connection with such
application or the project; to make the assurances as contained above; and to execute such other
documents as may be required in connection with the application.
That Joel Mashburn, County Manager, has substantially complied or will substantially
comply with all federal, state and local laws, rules, regulations, and ordinances applicable to the
project and to the grants pertaining thereto.
Adopted this the 1" day of October 2002, at Statesville, North Carolina.
Authorizing Resolution by Iredell County
Certification of Minority Business Enterprise (MBE) Percentage Goal
WHEREAS, the Iredell County Board of Commissioners supports economic and
community development and advertises for contracting.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF
COMMISSIONERS OF THE COUNTY OF IREDELL:
That the Iredell County Board of Commissioners adopts the goal for participation by
Minority Business Enterprises in accordance with G.S. 143-128-C.
Adopted this the 1" day of October 2002 at Statesville, North Carolina.
10. Request for Permission to Enter Into Purchase Contracts for Two Properties
Near the Iredell County Library (Owners are Rebecca Weintraub/print shop
parcels & Elizabeth King/Master Cleaners property): During the briefing, County
Manager Mashburn said these properties were needed for the proposed construction of
the new library on Water Street. The Rebecca Weintraub property, located at 205 North
Tradd Street, Statesville, NC (two parcels with PIN# 4744 06 3725) will cost $250,000.
16
The Elizabeth E. King property, located at 153 Water Street (PIN#4744 06 3685), will
cost $80,000.
11. Request for Approval of an Adjustment to Permit Fees: Inspections Director
Lynn Niblock explained during the briefing that on May 21, 2002, a rate adjustment was
approved for permits. The new fees became effective on July 1, 2002. Niblock said
some general contractors purchased building permits prior to July 1, but did not obtain
the electrical/plumbing/HVAC work until later. He mentioned that a fairness issue had
been raised since many individuals had submitted their bids to the general contractor
before the new rates were implemented. Niblock requested permission to adjust the
charges for the projects that occurred during the fee transitional period.
12. Request for Approval to Reorganize the Emergency Services Offices: County
Manager Mashburn said during the briefing that he was seeking to group departments
providing similar types of services under one division. He said the restructuring would
be especially helpful with the federal government's emphasis on homeland security.
Mashburn requested permission to position the following departments under the
supervision of Tracy Jackson, the current EMS Director. The departments were:
EMS
Fire Marshal
Emergency Communications
Animal Control
Emergency Management
Mr. Mashburn said Larry Dickerson had agreed to serve as an Emergency
Management Consultant on an "as needed basis" ($10,000 will be annually budgeted).
He said David Martin would oversee the Emergency Communications Office, and his
position would be listed as a Grade 72 on the salary scale. In addition, he said Paul
Webster, a Telecommunicator II, would assist Martin at the Communications
Department. Mashburn said Jackson's title would be Director of Emergency Services &
Emergency Management, and his position would be listed as a Grade 80. (The salary
grades for the Fire Marshal and the Animal Control Supervisor were not altered.)
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Centralina Workforce Development Board (1 announcement)
Juvenile Crime Prevention Council (1 announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
nominations were submitted, and Chairman Tice move to postpone the appointment
until the October 15 meeting.
VOTING: Ayes — 5; Nays - 0
Nursing Home Advisory Committee (3 appointments): Commissioner Bowles
nominated Charles & Sue Donaldson.
No other nominations were submitted. Chairman Tice move to appoint Mr. &
Mrs. Donaldson by acclamation and to postpone the remaining appointment until the
October 15 meeting.
VOTING: Ayes — 5; Nays — 0.
Adult Care Home Communitv Advisory Committee (3 appointments): No
nominations were submitted, and Chairman Tice moved to postpone the three
appointments until the October 15 meeting.
VOTING: Ayes — 5; Nays — 0.
Personnel Advisory Committee (2 appointments): Commissioner Ray
nominated Tina Robertson and Denise Feimster for reappointments on this committee.
17
Chairman Tice move to close the nominations and appoint Robertson and
Feimster by acclamation.
VOTING: Ayes — 5; Nays — 0.
COUNTY MANAGER'S REPORT: Mr. Mashburn said Tracy Jackson would
give an update on the animal situation described by Mrs. Sara Nestler at the September 3
meeting.
Update on Animals Located at the Davis Residence in Troutman, NC: Jackson
reported that over 200 animals were found at the Davis home. He said 50 of the animals
were dogs, and the remaining were cats. Mr. Jackson said that only 49 animals remained,
and all of these had been vaccinated.
Mr. Jackson said the animal control department knew of six other situations in the
county were a large grouping (50 dogs or more) of animals was occurring. He said it was
mostly dealers and animal collectors that owned this many animals.
Commissioner Ray said there was a situation this week in a subdivision where
three large Rottweilers escaped from their lot. She said that when the animals were
apprehended, one of the owners said, "Iredell County has no leash law."
Mashburn said the county's ordinance stipulated that animals had to be under the
control of their owners. He said that "under control of the owner" meant at the owner's
residence, or anywhere else. Mashburn said that if animals were found away from their
owner's property, and not under control, citations were issued. He said there was also a
provision pertaining to dangerous dogs. Mr. Mashburn said it sounded like the
Rottweilers mentioned by Commissioner Ray were out of control.
Commissioner Ray said it was her understanding that if animals were loose and
on someone else's property, that animal control had to witness the occurrence before
anything could be done.
Mashburn said this was correct. He said the property owners could obtain a
warrant, but many times they did not desire to do this.
An unidentified man in the audience said he knew of a "rescue outfit" that had 43
dogs in west Iredell. He complained about having to spend his own money to hire an
attorney to remedy the situation, because the county did not have an ordinance or
anything to address the problem.
Another unidentified man said he had been bitten by three dogs. The man
complained about the county not having a leash law.
Chairman Tice requested that Mr. Jackson meet with the individuals and discuss
the problems. She said Jackson could appear before the board again, if necessary.
Scattered -Site Housing Allocation of $400,000: Mashburn said official notice
had been received from the North Carolina Department of Commerce regarding the
scattered -site housing allocation. He said the matter would be on the October 15 agenda
for a decision regarding the grant acceptance.
CLOSED SESSION: MOTION by Chairman Tice to enter into closed session
at 9:35 p.m., for the purpose of discussing G.S. 143-318.1 l (a) (5) - property acquisition.
VOTING: Ayes — 5; Nays — 0.
(RETURN TO OPEN SESSION AT 10:05 P.M.)
PURCHASE OF PROPERTY FROM KENNETH B. DARTY: MOTION
by Commissioner Williams to accept Attorney Ken Darty's offer to sell his property
18
located at 149 East Water Street, Statesville, North Carolina, for $165,000 and to
authorize the contract to purchase.
VOTING: Ayes — 4; Nays — I (Bowles)
ADJOURNMENT: MOTION by Chairman Tice at 10:06 p.m., to adjourn the
meeting. NEXT MEETING: Tuesday, October 8, 2002, for a joint meeting with the
Board of Social Services at 7:00 pm., in the Social Services Building/Conference Room,
349 North Center Street, Statesville, NC.
VOTING: Ayes — 5; Nays — 0.
Approved:
19
Clerk to the Board