HomeMy WebLinkAboutAugust 7 2001 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
MINUTES
AUGUST 7, 2001
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
August 7, 2001, at 7:00 p.m., in the Iredell County Government Center, 200 South Center Street,
Statesville, NC.
Present: Chairman Sara Haire Tice
Vice Chairman Steve D. Johnson
Tommy E. Bowles
Karen B. Ray
R. Godfrey Williams
Staff Present: County Manager Joel Mashburn, County Attorney William P. Pope,
Finance Director Susan Blumenstein, Planning Supervisor Ron Smith, and Clerk to the Board
Jean Moore.
CALL TO ORDER by Chairman Tice.
INVOCATION by Commissioner Bowles.
PLEDGE OF ALLEGIANCE TO THE FLAG
ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to approve the
following agenda adjustments.
Clarifications: - Request for Approval of Centralina Council of Government's Proposal, in the
Amount of $11,926, for a Brawley School Peninsula Small Area Study
- Request for Approval of Budget Amendment #3 to Recognize a Grant from
the Governor's Crime Commission for the Multi -County Interdiction Team
($1,500 grant+ $2,300 seized funds = $3,800)
Additions: - Request for the Approval of a Resolution in Opposition to Governor Easley's
Attempt to Impose an Additional One -Half of One Percent Local Option Sales
Tax
- Request for Approval of Budget Amendment #4 to Increase the Appropriated
Fund Balance and to Increase the 911 Telephone Charges for a Retroactive
Tariff Charge Increase Approved by the North Carolina Utilities Commission
- Request for Permission to Accept a Proposal from Design Associates for the
Design and Renovation of the Agricultural Center (water Street, Statesville, NC)
- Closed Session to Discuss: G.S. 143-318.11(a)(4) Economic Development
VOTING: Ayes — 5; Nays — 0.
Recognition of Iredell County Retiree Bobby Abernathy: Information Systems
Director Bobby Abernathy retired on July 31, 2001, after 32 years of county employment.
Abernathy was thanked for his service, and he was given a plaque.
PUBLIC HEARINGS
Chairman Tice declared the meeting to be in a public hearing. (Due to Case 0107-1 involving
conditional uses, the individuals desiring to speak were sworn in.)
Case No. 0107-1: Request from Roger Templeton for Property to be Rezoned from
Residential Agricultural & Neighborhood Business District to Community Business
Conditional Use District (The property is located on Jennings Road, at Duke Lane, across
from Friendship Road in Statesville, NC.): Planning Supervisor Ron Smith said Mr.
Templeton had previously operated a mobile homes sales/service business at the location being
reviewed from 1970 through 1985. Smith said Templeton, since 1985, had been leasing property
for his businesses. Mr. Smith said his staff had worked with Mr. Templeton to develop a set of
uses that (1) maintained the neighborhood business design and (2) used site development
standards that reflected the rural quality of the area. Smith said Templeton was requesting
approval to use any/all permitted uses that were allowed in the neighborhood business district,
with the addition of mobile home sales and service, and with the following three conditions:
1. Signage shall conform to Neighborhood Business District Standards except to allow a
48 sq. ft. copy area for a free-standing sign.
2. In reference to lighting:
a. The primary cone of illumination shall not extend outside the property lines.
b. Lighting sources (bulbs) shall be at a height, shielded and directed, so as not
to be visible from Jennings Road, or from adjacent residential houses.
c. One each, low-power "Security Light" will be allowed.
3. Development shall be set back a minimum of 30 feet from the Jennings Road right of
way.
Smith said the 1.8 acre tract of land could be identified by PIN #4749-52-7618. He said
the existing land use was for residential mobile homes and the surrounding land use was
residential, convenience store (BP Gas Station), and farming. Mr. Smith said that on July 11,
2001, the planning board unanimously recommended approval in a 10-0 vote.
No one else requested to speak, and Chairman Tice adjourned the hearing.
MOTION by Commissioner Johnson, after reviewing the findings of fact and
determining them to be in order, to approve the rezoning for Case 0107-1 from Neighborhood
Business and Residential Agricultural to Community Business Conditional Use District with the
three conditions.
VOTING: Ayes — 5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing and requested that all
persons desiring to speak in reference to Case No. 0107-2 to come forward and be sworn in.
Case No. 0107-2: Request from Donald Goforth for Property to be Rezoned from
Residential Agricultural to General Business Conditional Use District (The property is
located at 1096 Charlotte Hwy/US 21, south of Exit 42/I-77.): Smith said the owner desired
to use any/all permitted uses allowed in the General Business District. He said the site
development would conform to the Exit 42 Land Use Plan standards, and it would comply with
the following conditions of use:
1) Underground utilities.
2) Roadway Protection Overlay Standards along US 21.
3) One driveway access to US 21, even if parcel is subdivided.
4) Site development plan to provide for shared parking with adjacent parcels under same
ownership.
5) Development Plan to provide for future interconnectivity by vehicle and pedestrian
traffic to adjacent properties.
Smith said the site (2.59 acres) could be identified by PIN # 4740-92-6850, and it was
within the "Interchange Commercial District" of the Exit 42 Land Use Plan. He said the request,
coupled with the specific conditions of use, agreed with the specific requirements of the land use
plan. Mr. Smith said the planning board on July 11, 2001, unanimously recommended approval
of the request in a 10-0 vote.
No one else requested to speak, and Chairman Tice adjourned the hearing.
OTIO by Commissioner Bowles, after reviewing the findings of fact and determining
them to be in order, to approve the rezoning for Case 0107-2 from Residential Agricultural to
General Business Conditional Use District.
VOTING: Ayes — 5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing and requested that all
persons desiring to speak in reference to Case No. 0107-3 to come forward and be sworn in.
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Case No. 0107-3: Request for an Amendment to the Iredell County Land
Use Plan and a Request from Lancaster Custom Dock & Lift Systems, Inc., for Property
owned by John Kindley to be Rezoned from Resort Residential to General Business
Conditional Use District (The property is located at 1156 Perth Road (Skippers
Convenience Store) in Troutman, NC.): Smith said the applicant for this rezoning desired to
construct a dock -building facility on the 1.62 acres of land that could be identified by PIN#
4730-72-5706. Mr. Smith said the proposed conditions for the request were:
a. Request shall be limited to a dock -building facility only with continued usage of the
boat slips by the proposed operation.
b. The development shall adhere to the Site Specific Plan.
c. All loading and equipment/storage yards shall be located only on the western part of
the tract, as per the site plan.
d. All outside storage shall be screened to 90% opaqueness to a height of eight feet (this
should be done with either a solid fence, vegetation, earth berm, or a combination).
e. The outside storage must be screened in a way that would not allow different
elevations to see inside the fence, i.e, if someone were located on a higher elevation
overlooking the site, the storage would have to be hidden so that it would not have a
detrimental effect on the neighbor.
f. If metal is designated as the primary building material, the frontage and lake side
should have architectural treatments such as a fapade. All new buildings on the
property shall be in general conformity with the primary building, i.e, materials,
architectural treatments, etc.
g. All fabrication shall take place inside a building or within the screened "yard."
h. Only assembly of pre -fabricated sections may take place on the water. This type of
assembly shall be limited to sections that must be immediately put into the water for
assembly and/or transport.
i. A letter of approval/recommendation from the Lake Norman Marine Commission and
Duke Power shall be required.
j. Lighting should be oriented away from the adjacent residential property owners,
including those across the cove. The primary cone of illumination shall not create a
glare off of the lake and shall not affect adjacent property owners or owners across
the lake either directly or indirectly.
k. New signage shall be limited to that permitted in the Office and Institutional District
(60 square feet total with a 24 -foot total for freestanding signs).
1. Hours of operation (8-5 weekdays).
in. All forklifts or heavy equipment would have to be "muffled" and the noise limited.
n. No overnight stays shall be permitted on any boats docked in any approved slips.
o. One slip shall be designated for usage by the Iredell County Sheriffs Department.
p. The slips/docks shall be gated and locked when not in use.
q. The slips/docks shall be cleared of people thirty minutes after sunset.
Mr. Smith said that due to the site's prior usage as a convenience store with boat slips,
gas tanks and a grill, in a residential neighborhood, the property's use had been somewhat
contentious in the past. He said the property had been in commercial use since the 1960s. Smith
said there had been attempts to rezone the property to General Business in the past; however,
they had failed due to citizen opposition. Mr. Smith said the request did not conform to the land
use plan, but the proposed use of the property was lake -oriented and this would lessen some of
the impact of the current use. Smith said the staff had reviewed the request in reference to spot
zoning. He said the four factors that were generally considered for spot zoning were: (1) size of
the tract (2) compatibility with an existing comprehensive plan (3) impact on the land owner and
neighbors and (4) relationship between newly allowed uses and previously allowed uses. Smith
said the staff only had questions about the first two factors. However, he said the overall
commercial nature of the quadrant (including the dry storage on the surrounding land use) and
the type of lake use that was being proposed, might satisfy the spot zoning issue.
On July 11, 2001, Smith said the planning board, in a 6-3 vote, approved the rezoning
request and the amendment to the land development plan.
Commissioner Johnson asked if the Federal Energy Regulatory Commission (FERC) had
given permission for the boat slips.
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Smith said yes -- Mr. Lancaster had approval for 20 slips. He said the action would
require some local approval of any additional slips that might go into the area. He said there was
a requirement, now, on the usage of the slips.
Commissioner Bowles said he understood there would not be any gas sales at the
location.
site.
Smith said this was true. He said no gas would be sold.
Commissioner Ray said she understood there would not be a public launch area at the
Smith said this was correct.
Commissioner Johnson asked how far out into the cove the boat slips could protrude.
Smith said the approved FERC permit allowed them to extend 95 feet into the water. Mr.
Smith said the county had its own pier projection/extension regulations, but they mirrored Duke
Power's regulations and FERC's regulations.
Commissioner Williams asked how the condition pertaining to the removal of people
from the slips/docks thirty minutes after sunset would be enforced.
Smith said this would be in the lease agreement with the people using the boat slips, and
it would be enforced by the planning department. He added that Mr. Lancaster would also have
some responsibility.
Mark Lancaster said he started his business in 1986, and he currently employed 17
people. Lancaster said he had served on the Lake Norman Marine Commission, and that he had
assisted several other community -related agencies. Mr. Lancaster said he desired to purchase the
site, because he was running out of space at his current dock building location. He said he knew
the site's history because his father helped to build the marina. Mr. Lancaster said his family had
owned businesses in the Mooresville area since the 1970s. He said he cared about the lake
because it supplied his livelihood.
Ken Kotowicz (Advocate for the Rezoning): Advised that he owned the dry storage
business on the adjacent piece of property. He said that during the past year, he had seen the
property depreciate, and he felt Mr. Lancaster's business would be an asset.
Duane Lewis (Advocate for the Rezoning): Advised that he known Mr. Lancaster for
many years, and he (Lancaster) would make a good commercial neighbor. Lewis said that a
dock -building business was necessary for Lake Norman. (Lewis that he was a realtor in south
Iredell, but he had nothing to gain by his comments.)
Tom Cochran (Opponent of the Rezoning): Advised that he lived at 141 Driftwood
Cove Drive (3 lots from the convenience store). Cochran said he represented 102 people who
signed a petition against the rezoning. He voiced concern about adjacent properties requesting to
be rezoned commercial, in the future, if the request were approved.
Earl Carney (Opponent of the Rezoning): Advised that the cove being discussed was
very narrow. Carney said he was opposed to anything going into the location. He also said the
soil at the site was contaminated.
Sandy Cochran (Opponent of the Rezoning): Advised that she was concerned about the
environment, especially lake pollution. She said the soil on the opposite side of the lake would
be tested for contamination on August 30, 2001, by the Environmental Protection Agency.
Harry Tsumas (Advocate for the Rezoning): Advised that he had lived in the Skipper's
Cove area for 15 years. He said the owner of the property was going to sell the property to
someone, and he was in favor of it being sold to Mr. Lancaster for his dock -building business.
Bob Dooley (Advocate for the Rezoning): Advised that he felt Mr. Lancaster's proposed
usage would be better for the area than other uses.
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Joel Patterson (Opponent of the Rezoning): Asked if a pump -out facility could be added
to the conditional uses.
Planning Supervisor Smith said he felt the county could require it; however, he said he
would prefer to have input from the health officials before he gave a final answer.
Bob Dellinger (Advocate for the Rezoning): Advised that he was a realtor/appraiser and
he felt Lancaster's operation would be an asset to the area. He said he didn't think it would
depreciate the property values. He said a forceful wake would not be created by a barge because
it would travel slower than other water vessels.
Kenneth Jinnette (Advocate for the Rezoning): Advised that if the rezoning were
approved and the sheriffs department was allowed to use one of the boat slips, the law
enforcement presence would be of benefit to the neighborhood.
George Cooper (Opponent of the Rezoning): Requested that further research be obtained
from the federal and state governments before a decision was made.
Casey Jacobus (Advocate for the Rezoning): Advised that she lived across from the site
and she felt the boat dock -building usage would be appropriate for the area.
Dr. Randall Perry: (Advocate for the Rezoning): Advised that growth was inevitable and
the site, in its present condition, was an "eyesore." Indicated that Mr. Lancaster was a good
businessman and he knew the rules and regulations pertaining to the lake.
Elizabeth Elsworth (Opponent of the Rezoning): Asked who would monitor the boat
slips in the evenings and weekends.
Smith said the planning department would do some enforcement. He said that also the
neighbors, through "word of mouth" would monitor the situation. In addition, he said there was
a condition that stipulated the slips would be gated.
Charles Onsrud (Advocate for the Rezoning): Reiterated that something would
eventually be located at the site. He said there would be less boat traffic with Lancaster's
business than there would be with a convenience store and a public launch ramp.
Unidentified speaker from audience area: Asked about any dredging activities that might
occur.
Lancaster said there would be a barge to get the docks to their destinations. He said there
was a possibility that dirt would be carried if a boat ramp was needed.
lake.
Chairman Tice adjourned the public hearing.
Commissioner Ray said that everyone had to work together for the common good of the
OTIO by Commissioner Ray to amend the Iredell County Land Development Plan,
as it related to Case #0107-3, and after reviewing the findings of fact and determining them to
be in order, to approve the rezoning for Lancaster Custom Dock & Lift Systems, Inc., and
property located at 1156 Perth Road, Troutman, NC, from Resort Residential to General
Business Conditional Use District.
VOTING: Ayes — 5; Nays — 0.
-----------------------------------------CONSENT
OTIO by Commissioner Johnson to approve the following twelve (12) consent
agenda items.
VOTING: Ayes — 5; Nays — 0.
F
I . Request for Approval of Centralina Council of Government's Proposal, in the
Amount of $11,926, for a Brawley School Peninsula Small Area Study: Two proposals were
submitted for this small area study. It was the staff's recommendation to award the project to
Centralina Council of Governments in the amount of $11,926. The proposals were from:
Cost of Study
Benchmark, Inc. $16,450
Centralina Council of Governments $11,926 ($15,326 - $3,400 for four blocks of
membership hours)
2. Request for Permission to Apply for a Local Law Enforcement Block Grant for the
Purchase of a Reverse 911 Interactive Community Notification System: During the
briefing, Sgt. Neil Hayes, with the sheriff's department, explained that this was a 90%-10% grant
with matching funds to come from seized drug funds. He said the sheriff's department desired to
purchase a Reverse 911 system. Hayes said the federal amount in the grant would be $36,812,
and the seized fund amount would be $4,090. Sgt. Hayes said the system would be housed at the
sheriff's department and would be used for circumstances such as, "lost children alerts and
emergency drills at McGuire Nuclear Power Plant." Hayes said the system would enable the
department to target specific geographic areas and send telephone alerts. He added the
department would be conservative in the system's usage to maintain its credibility and
effectiveness.
3. Request for Approval of Budget Amendment #2, in the amount of $10,000, for the
Appropriation of Fund Balance (restricted) from the Sheriff Department's Commissary
Account for the Purchase of Jail Kitchen Equipment: The items to be purchased (coffee
maker @ $3,064, food slicer @ $2,843, mobile heater/proofer cabinet @ $1,668, and a hot food
serving counter @ $2,324) will cost approximately $10,000.
4. Request for Approval of Budget Amendment #3 to Recognize a Grant from the
Governor's Crime Commission for the Multi -County Interdiction Team ($1,500 grant +$2,300
seized funds = $3,800): During the agenda briefing, Sgt. Neil Hayes said permission was given in
2000-01 to apply and receive the interdiction team grant. For 2001-02, Hayes said grant funds of
$1,500 were awarded with a needed 50% match. However, he said the combined amount of the
grant and match would not be enough for the service on the telephone system. He suggested that
a total of $2,300 be derived from seized funds to match the grant and to enable the department to
maintain the phone system.
5. Request for the Approval of a Cooperative Education Agreement between the
Iredell County Emergency Medical Services Dept. and Davis Regional Medical Center:
This agreement provides a clinical education program, in the field of emergency medical
services, between the hospital and the EMS Department.
6. Request for the Designation of Statesville Planner Ashley "Lee" Lawson as a Plat
Review Officer: The City of Statesville has requested that Mr. Lawson be added to the listing of
individuals designated as official plat review officers. The listing will now be composed of:
IREDELL COUNTY PLAT REVIEW OFFICERS
Iredell County
Ron Smith
William Allison
Seth Harris
Rebecca Moose
Dean Osborne
Barry Whitesides
Town of Mooresville
Timothy D. Brown
Craig Culbertson
City of Statesville
David Currier
Steve Warren
Ashley "Lee" Lawson
Town of Troutman
A.J. Barghothi
Ann Sims
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7. Request for a Decision Regarding the Former Garage Property, Located in the
Loray Community, and/or the Approval of a Lease Agreement with the Firemen's
Association for the Storage of an Air Van: The county manager recommended for the large
bay area, of the former garage facility, to be leased to the firemen's association for the storage of
the air van. The county will use the shed, the fenced area, and the smaller garage area for
equipment and vehicular storage.
8. Request for the Establishment of September 30, 2001, as a Date to hold an Open
House & Dedication Ceremony for the Iredell County Agricultural Resource Center: On
September 30, 2001, at 2:00 p.m., an open house/dedication ceremony will be held at the new
Agricultural Resource Center located at 444 Bristol Drive, Statesville, NC.
9. Request for Approval of the July 17, 2001 Minutes
10. Request for the Approval of a Resolution in Opposition to Governor Easley's
Attempt to Impose an Additional One -Half of One Percent Local Option Sales Tax: The
following resolution was adopted.
RESOLUTION
OPPOSING GOVERNOR EASLEY'S ATTEMPT TO IMPOSE AN ADDITIONAL ONE
HALF OF ONE PERCENT LOCAL OPTION SALES TAX AND FOR THE GOVERNOR AND
THE LEGISLATURE TO CUT, OR ELIMINATE, WASTEFUL PROGRAMS ENACTED BY
THE STATE
WHEREAS, the property tax and sales tax base have both grown dramatically over the last ten
years in Iredell County and across North Carolina, thereby eliminating the need for increased property or
sales tax rates; and
WHEREAS, when the State of North Carolina took away from the counties the revenues from
inventory and intangible taxes, it promised to reimburse the counties the revenues it took; and
WHEREAS, we believe it is unfair for the State to renege on its promises to us, to attempt to
balance its own budget on the backs of the counties, and to blackmail the counties into increasing sales
taxes; and
WHEREAS, we firmly believe the State should exercise fiscal discipline and reduce, or
eliminate, wasteful programs.
THEREFORE, BE IT RESOLVED, that the Iredell County Commissioners oppose Governor
Easley's attempt to impose an additional one-half of one percent local option sales tax on the people of
Iredell County in exchange for not sending the promised inventory and intangible taxes and thereby
balancing the state's budget on the backs of the counties.
AND, that the Iredell County Commissioners strongly urge the Governor and the legislature to
look first to cut back on, or eliminate, the wasteful programs enacted by the State over the last eight years
before ever looking to increase taxes on the good citizens of Iredell County.
AND, that this resolution be sent to the Governor, our legislative delegation, and to the other
ninety-nine county commissions in North Carolina.
11. Request for Approval of Budget Amendment #4 to Increase the Appropriated
Fund Balance and to Increase the 911 Telephone Charges for a Retroactive
Tariff Charge Increase Approved by the North Carolina Utilities Commission: During the
agenda briefing, Emergency Communications Director Larry Dickerson said BellSouth was
billing the county for back charges resulting from a tariff change the company received from the
North Carolina Utilities Commission. Dickerson said the utilities commission was allowing Bell
South to collect the increase from March 15, 2001 to June 30, 2001. The budget amendment
amount is $11,835.04
12. Request for Permission to Accept a Proposal from Design Associates for the
Design and Renovation of the Agricultural Center (Water Street, Statesville, NC): Design
Associates proposes to provide architectural services and hire consulting engineers for the
renovations in the upper and lower levels of the present agricultural center. The lower level,
excluding the emergency communications area, will be remodeled for use by the Register of
Deeds. The upper level will be designed for judicial use (court rooms, judges chambers, and
district attorneys). Chuck Goode, the President of Design Associates, proposed a cost of $41,250.
---------------------------------------------END OF CONSENT AGENDA ---------------------------------
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Request for Approval of a Proposed Road Name Pursuant to Section 11-32, of the
Iredell County Code, by David Pressley (Pressley Development Corporation, Inc.):
Planning Supervisor Smith said Mr. Pressley desired to name a road, Fourth Creek Crescent
Drive. Smith said the planning board had denied the request since there was another road, in the
same vicinity (north side of the Statesville city limits and off the east side of Turnersburg
Highway) called Fourth Creek Landing Drive. Mr. Smith said Pressley had appealed to the
planning board, because the staff members, including the Emergency Communications
Operations Director, were not in favor of the road name. Mr. Smith said the Iredell County Road
Naming Ordinance, Chapter 11, Section 31 (c) stated, "no person shall cause or permit a
duplication of road names among governmental jurisdictions in the county," and that (e) of the
ordinance read, "road names that are similar in sound shall be avoided."
David Pressley said the difference he had with the decision related to the definition of
duplication. He asked what it meant. Mr. Pressley said he had requested a copy of the road
naming ordinance and a proposed ordinance was sent. He said the proposed ordinance indicated
that when naming a road, local history should be promoted. Pressley said about ten years ago, he
named the first road in his development, Fourth Creek Landing Road due to close proximity to
the creek. He said now, he had presented Fourth Creek Crescent Road due to the crescent shape
of the road. Mr. Pressley said the county's ordinance specified that, "expressly prohibited road
names would be the ones where words sounded like others, or if they were deceptively similar."
Pressley said the ordinance did not address how many words constituted a duplication. Mr.
Pressley said he had requested a listing of all the road names in the county, and a 100 -page
listing with about 50 road names per page was given to him. He said that on the first page, there
were seven roads with Alexander in them and two roads that used Anderson. Pressley said a few
years ago he named a road Argyle Court. He mentioned there was also an Argyle Place. In
addition, Pressley said several years ago he named a road, Forest Park Terrace. He said this road
was right off Forest Park Drive.
Commissioner Ray asked if the area was a subdivision, and if Mr. Pressley desired to use
Fourth Creek again in the future.
Pressley said the road in question was simply a link for US 21, and the United Parcel
Service Park (UPS) -- a business area. He said he would not be trying to name any other roads
in the area.
Commissioner Williams asked if the road would be open to the public.
Pressley said yes. He said the purpose of the road was to give people multiple
opportunities to get in -and -out of Highway 21.
Smith reiterated that the staff was concerned about (1) creating confusion that might
delay emergency responses and (2) the precedent that would be set.
Commissioner Bowles said that when citizens called 911 and reported emergencies, it
was sometimes difficult to find out exactly where they lived. He said he recalled a past situation
involving Coddle Creek Drive and Coddle Creek Road. He said the caller just said, "I live on
Coddle Creek."
OTION by Commissioner Bowles to postpone the decision on the road name until
further study could be accomplished and a possible compromise might be reached.
VOTING: Ayes — 5; Nays — 0.
Request for Approval of a Resolution to Call for a Public Hearing on Tuesday,
August 21, 2001, at 7:00 p.m., Regarding the Third Creek Elementary School Financing
and other Public Facility Financings: Finance Director Susan Blumenstein stated the
resolution called for a public hearing concerning the financing of certain public facilities and the
refinancing of certain outstanding certificates of participation pursuant to an installment
financing agreement. She said the board of commissioners had been considering the financing of
the construction of a new elementary school, the construction of Phase I of the school
administrative complex, the construction of lined cell #3 for the county landfill, the purchase and
renovation of an existing building for use as a government services building (former Lowrance
Hospital Building) and the refunding of certain certificates of participation (term bond on the
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1992 Iredell- Statesville School Project). Blumenstein said the financing would be in compliance
with G.S. 160A-20, Chapter 159. She said the statute required the county to hold a public
hearing on the financings, and she requested that one be held on August 21, 2001 at 7:00 p.m., in
the Commissioners' Meeting Room, of the Iredell County Government Center. She said the
financing would be in an aggregate principal amount not exceeding $17,000,000.
Commissioner Ray said she had been contacted by a county citizen recently. She said the
individual did not feel the commissioners were "on board" with the concerns and activities in
regard with the Iredell-Statesville School System. She said the individual felt that only one
commissioner was doing anything about the matter. Mrs. Ray said there was a process that had
to be followed to maintain the credibility of the investigation. She said there was protocol, and a
designation of authority in dealing with personnel, and the school board was in place as the first
tier in dealing with the situation. She said it was impossible to act on facts that you didn't have.
Mrs. Ray said she wanted to assure the public that all of the board members were concerned and
wanted the facts in the situation rectified in a timely matter. Ray said the school board was
aware of the board of commissioner's position. Mrs. Ray said the children and teachers should
in no way suffer or be penalized for the actions that seemed to have occurred in the school
system's administrative level.
OTION by Commissioner Ray to approve the resolution calling for a public hearing on
Tuesday, August 21, 2001 at 7:00 p.m., concerning the financing of certain public facilities,
excluding the construction of Phase I of a school administrative complex enumerated in the
installment financing agreement and the refinancing of certain outstanding Certificates of
Participation pursuant to an Installment Financing Agreement.
Mrs. Ray said she did not feel it was appropriate, at this time, for the taxpayers of this
county to provide any additional funds to the administration of the Iredell-Statesville School
System.
Commissioner Williams said he was concerned about the continuing delay and debates
occurring in the legislature. He said, "Here we are in August, without a state budget, and we are
facing a possible shortage of 2.7 million this year if the legislature doesn't refund the
reimbursables owed to us." Williams said that when the commissioners made a commitment to
begin the financing projects, the severity of the state's financial situation was unknown.
SECOND TO COMMISSIONER RAY'S MOTION WITH AN AMENDMENT:
Commissioner Williams seconded Commissioner Ray's motion but amended it to postpone
a public hearing on the purchase of the hospital property in Mooresville until the board
was certain that adequate funds were available.
Commissioner Johnson said that when the Lowrance Hospital property was presented to
the board, he was the only commissioner to vote against the purchase. He said the reason he
voted this way was because it appeared the state might financially shortchange the county.
Johnson said he had asked the county manager where the county was "standing in the budget
process." Mr. Johnson said the county manager reported a "1.7 million spread and that he had
not talked to the school systems about their requests." Johnson said this was why he voted
against the purchase. Mr. Johnson said he had concerns about how the county could service the
debt necessary to purchase and renovate the Lowrance building, particularly should the state not
reimburse the county and the withholding occur more than one year. He said that if this
occurred, it was only a matter of time before a tax increase would be necessary to complete the
Lowrance project.
MOTION AS AMENDED VOTING: Ayes -5 Nays -0.
For clarification, Johnson said he was understanding the motion approved the financing
for the Third Creek Elementary School and Cell III at the Solid Waste facility.
Williams asked about the refinancing of the 1992 Certificates of Participation.
Blumenstein said the county could proceed with the refunding; however, she said that if
the county could wait another two years, there would be no penalty, and the savings would be
greater. She said it was a matter of trying to guess what the markets would do. Blumenstein said
that what she had seen lately affected the "one -to -three-year types and not the ten-year ones."
She said that when the public hearing was held, a recommendation could be given on the best
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option at that time. Blumenstein said that between now and the next meeting, she would discuss
the county's options with the underwriter, the Local Government Commission, and the County
Attorney.
Commissioner Johnson said that in reference to the school system's request for a new
administrative complex, that he had pointedly asked the school officials, at one point prior to
appropriating any additional money, if they had "this problem fixed." Johnson said the school
officials said yes. Mr. Johnson said he had asked the same question more than once, and the
problem was not fixed. He said that now, "due to someone's misdeeds or incompetence, the
school system had gone from a situation of having a $700,000 fund balance to being $3 million
in a hole."
Commissioner Williams said he wanted to let the other commissioners know that soil was
already being moved on Eastside Drive (site for the school administrative complex). He said this
was a separate contract for earthmoving and the schools had already entered into this contract
prior to the board of commissioner's actions on this evening. He said this portion of the site
improvement would be completed, and secured, until such time as there were adequate funds for
the project.
Chairman Tice said she was devastated that money appropriated to the children in this
county had been misappropriated. Tice said she had talked to many county citizens and
members of the school board, and she didn't see how the board of commissioners could take any
action until the school board received the results of the investigations.
Note: The commissioners' comments about the financial irregularities with the Iredell-
Statesville School System stem from the following events.
October 1999:
The State Bureau of Investigation is called to investigate the possible
misspending of construction monies.
February 2000:
Harold McManus is hired as an Asso. Supt. of Adm. & Finance, and
he is paid at least $20,000 in moving expenses. (He formerly resided in
Asheboro, NC, or 67 miles away.)
March 2001:
School board members (Ralph Staley, Tara Cashion, Keith Williams,
Jim Head and Dr. David Cash), and Supt. Coleman and Asso. Supt.
McManus, along with family members and others, travel to San Diego,
CA for a school conference. Additionally, side trips to Tijuana and
Disneyland were taken.
July 31, 2001:
The school board met and was advised that a $1.8 million budget deficit
had occurred. (McManus resigned on June 29, 2001.)
August 2, 2001:
The school board met and was advised that the budget deficit was
actually $3 million.
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS &
COMMISSIONS
Centralina Workforce Development Board (I announcement)
Adult Care Home Community Advisory Committee (1 announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Statesville Board of Adjustment -Extraterritorial Jurisdiction (2 appts.): No
nominations were submitted, and Commissioner Bowles move to postpone these two
appointments until the August 21 meeting.
VOTING: Ayes — 5; Nays — 0.
Adult Care Home Community Advisory Committee (3 appts.): Commissioner
Bowles mo—vvc to appoint Edna Stafford for a three-year term and to postpone the other two
appointments until the August 21 meeting.
VOTING: Ayes — 5; Nays — 0.
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Recreation Advisory Board (1 appt.): No nominations were submitted, and Chairman
Tice moved to postpone this appointment until the August 21 meeting.
VOTING: Ayes — 5; Nays — 0.
Farmland Preservation Board (7 appts.): Commissioner Williams nominated Danny
Allen and Rex Bell for two-year terms.
Chairman Tice mc`ve4 to close the nominations, for the individuals holding two-year
appointments, and elect Allen and Bell by acclamation.
VOTING: Ayes — 5; Nays — 0.
Commissioner Ray nominated James Dobson, Jerry Turner, and Bill Harris for three-year
terms.
Chairman Tice lmoveto close the nominations, for the individuals holding three-year
appointments, and elect Dobson, Turner and Harris by acclamation.
VOTING: Ayes — 5; Nays — 0.
Commissioner Williams nominated Bobbie Williams and Andy Gray for four-year terms.
Chairman Tice lrlove4 to close the nominations, for the individuals holding four-year
appointments, and elect Williams and Gray by acclamation.
VOTING: Ayes — 5; Nays — 0.
COUNTY MANAGER'S REPORT: (Previously, the county manager indicated he
would like to discuss a request from Mr. Mike Johnson pertaining to Davidson Point. Mr.
Mashburn said he had received a telephone call from Mr. Johnson recently, and a discussion was
not needed at this time.)
CLOSED SESSION: Citing G.S. 143-318.11 (a) 5) — Property Acquisition and G. S.
143-318.11 (a) (4) Economic Development, Chairman Tice move to enter into closed session.
VOTING: Ayes — 5; Nays — 0.
RETURN TO OPEN SESSION AT 10:30 P.M.
Approval to Purchase Land, Adjacent to the Landfill, Owned by the Statesville
Country Club: OTIO by Chairman Tice to (1) authorize the county attorney to draft the
documents in conjunction with the purchase of 39.5 acres of land, at a cost of $118,500, from the
Statesville Country Club, to be used for monitoring or test wells (2) that the money to purchase
the land be obtained from the enterprise fund and (3) the transaction comply with the following
three country club stipulations:
1. The full amount for the land will be paid "up front."
2. The county will pay the closing costs.
3. The country club will have first refusal rights should the county, at some time in the
future, decide to sell the property.
VOTING: Ayes — 5; Nays — 0.
Approval to Call for a Public Hearing on Tuesday, August 21, 2001, at 7:00 P.M.
Regarding an Economic Development Incentive for Egre Properties, LLC & Evernham
Motorsports, LLC: MOT10N by Chairman Tice to call for a public hearing on August 21,
2001, at 7:00 p.m., regarding an economic incentive of $152,280, over a five-year period of time,
based on an $8,100,000 expansion project, for Egre Properties, LLC and Evernham Motorsports,
LLC.
VOTING: Ayes — 5; Nays — 0.
ADJOURNMENT: OTION by Chairman Tice to adjourn the meeting at 10:32 p.m.
NEXT MEETING: Tuesday, August 21, 2001, 5:00 p.m. and 7:00 p.m., in the Iredell County
Government Center, 200 South Center Street, Statesville, NC.
VOTING: Ayes — 5; Nays — 0.
Approved:
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Clerk to the Board