HomeMy WebLinkAboutNovember 6 2001 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
NOVEMBER 6, 2001
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
November 6, 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, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Tice.
INVOCATION by Commissioner Bowles
ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to approve
the following adjustments to the agenda.
Additions: -The contract for Appropriate Punishment Options will be Revised by
deducting $12,340 (Original Contract of $134, 270 to $121,930 in
addition to the Approval of Budget Amendment # 14
-In Reference to the Sheriffs Request for the Transfer of Commissary
Funds the addition of a purchase Surplus School Bus for $1,000
-Closed Session for Property Acquisition/G.S. 143-318. 11(a) (5)
Deletions: -Request from the Health Department for Approval to Apply for
a Healthy Carolinians' Grant
Revisions: -The Capital Project Ordinance for the Iredell County Government
Services Building in South Iredell was reduced from $3,340,000 to
$80,400 (architectural fees.
MOTION by Commissioner Johnson to further adjust the agenda by deleting Item
A Under Administrative Matters about a Request for a Discussion Pertaining to a
Proposed Solid Waste Ordinance Amendment; Chapter 12 of the Iredell County Code,
Junked & Abandoned Vehicles due to a lack of a unified decision by the board of
commissioners, and further, during the terms of the present board, that if the topic is
presented again, that it be held in the format of a public hearing.
VOTING: Ayes — 5; Nays — 0
(Approximately 75-100 people attended the meeting in reference to the junked or
abandoned vehicle amendment.)
VOTING on the original motion by Chairman Tice pertaining to the adjustments:
Ayes — 5; Nays — 0.
PUBLIC HEARING
Zoning Ordinance Amendment Request; Section 6.18, Roadway Protection
Overlay District: Chairman Tice declared the meeting to be in a public hearing.
Planning Supervisor Ron Smith said the zoning ordinance included provisions for
a roadway protection overlay that would impose stricter standards on specific corridors
throughout the county. He said there were not any designated corridors, but some plans
were in place to proceed if the amendment for an overlay on Highway 150 were
approved. Smith said that upon the adoption of the River Highway Corridor Study in
year 2000, it was recommended that a review about changing the standards for the
overlay be done, especially on Highway 150. He said the recommendations from the
plan had been incorporated into the amendments being reviewed at the meeting. Smith
reviewed the following changes (typed in bold and underlined
Section 6.18 Roadway Protection Overlay District (RPO)
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 Countv 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 vard.
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 Dart 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 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.
2
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 thorougbfare that lies
within an RPO and which must have an approved NCDOT drivewav permit
must be paved to NCDOT standards from the edge of the existing roadway
pavement to the existing right-of-wav limit on the interior of the property.
F. Signs.
1. One free-standing identification sign per lot (or multi -tenant development)
shall be allowed. The maximum height of a free-standing sign shall be
fifteen (15) feet. The maximum area of all free-standing —ign^ shall be
seventv-two (72) square feet unless a lower sign heiuht and/or a smaller sign
area is required for the underlving 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
identification sign shall be permitted for each road frontage. The maximum
area for each additional sign shall be fifty (50) square feet. All additional
signs shall meet the standards listed above concerning height and underlving
district requirements.
Furthermore, wall signage will be allowed and shall not exceed 100 square
feet.
2. All free-standing signs must be at least ten (10) feet from the right -of way
line.
3. 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.
H. Landscaping.
1. Anv 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 least
six (6)feet as per Section 12.1 of the Iredell County Zoning Ordinance.
2. 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.
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-wav as designated by the Iredell County Thoroughfare
Plan, whichever is most restrictive. It shall be landscaped and maintained with
a vegetative cover and shall be planted with small and/or medium shrubs at a
rate of fifteen (15) per one hundred (100) linear feet of street yard not counting
driveway and crosswalk area. The Planning Director may approve a different
vegetative landscape type when in his opinion equal or better performance will
result. The following is a sample list of recommended shrubs by common name:
American Boxwood
Carolina Allspice
Flowering Quince
Hedge Cotoneaster
Japanese Holly
Japanese Barberry
Purple Beautyberry
Common Juniper
Nandina
Azalea
Mapleleaf Viburnum
Sargents Chinese Juniper
Common Laurelcherry
Fragrant Sumac
If the standards attributed to the landscaped roadway yard will meet the
intent of. and provide the necessary screening as listed in H.2, this option
may be used in lieu of those requirements.
Smith said the amendments were developed with public input and through a
subcommittee of the planning board and later through the planning board with a
unanimous vote on October 3, 2001 adopting the changes.
Commissioner Bowles asked if the amendments would supersede the off -premises
signage amendments that were approved a few months ago.
Smith said yes.
Commissioner Ray clarified that the amendments would be effective for new or
altered permitting for existing businesses -- it would not affect the businesses already in
the area and not making changes.
Smith said this was correct -- unless the business owners changed the businesses
"totally" then they would not be affected.
No one else spoke, and Chairman Tice adjourned the hearing.
OTION by Commissioner Johnson to approve the amendments to the Roadway
Protection Overlay District as outlined by Mr. Smith.
VOTING: Ayes — 4; Nays — I (Bowles)
----------------------------------------CONSENT AGENDA ---------------------------------------
MOTIO by Commissioner Williams to approve the following eight (8) consent
agenda items.
VOTING: Ayes — 5; Nays — 0.
1. Request to Enter Into An Agreement with the Iredell Vocational Workshop to
Transfer the Transportation Program to the County and to Call for a Public
Hearng on November 20, 2001, at 7:00 p.m., Regarding the Application for the
Community Transportation Program (CTP) for year 2003
2. Request for Approval of Budget Amendment #13 for the Recognition of a
Second -Year Grant from the Governor's Crime Commission for Piedmont
Mediation's "Juvenile Victim Offender Program" and a Request for Approval of
Budget Amendment #14 for Recognition of a Reduction in a Grant for the
Criminal Justice Partnership Program (CJPP) in Accordance with State Cuts, and
further, for the Contract with Appropriate Punishment Options (administrator for
the CJPP grant) be Revised from $134,270 to $121,930 to Reflect the $12,340
Reduction
4
3. Request from the Sheffield-Calahan Volunteer Fire Department for Approval
of Budget Amendment #15 for the Purchase of a $15,000 Replacement Tanker
(Funds from Reserve Truck Fund)
4. Request from the South Iredell Volunteer Fire Department for Approval of a
Lease Purchase Agreement with United Financial of North Carolina, Inc., in the
amount of $137,000 for a 2001 International Fire Truck and for the Refinancing of
$20,000 of Existing Debt for a Total Transaction Amount of $157,000
5. Request for Approval of a Contract in an Amount not to Exceed $6,900.00, with
Emergency Services Consulting Group for an Assessment of the Volunteer Fire
Departments' Facilities, Apparatus and Equipment
6. Request from the Sheriffs Department for Elaine W. Marlowe and Terry Lee
Beck to be Designated Deputy Finance Officers
7. Request from the Sheriffs Department for Approval of Budget Amendment #16
in the Amount of $26,600 for the Purpose of Transferring Commissary Funds for
the Purchase of Two Canines, a Lap Top Computer, a Web Site, and a Surplus
School Bus from the Iredell Statesville School System: The costs for the various
purchases were:
2 canines (one to replace a retired road duty canine and the other for the jail) $21,200
Lap Top Computer to be used by the Crime Analysis Officer .................. 2,400
Web Site (will supply crime statistics and other public information) .......... 2,000
Surplus School Bus................................................................... 1 000
26 600
(see briefing minutes for the purpose of the bus purchase)
8. Request for Approval of the October 16, 2001 Minutes
END OF CONSENT AGENDA
Request for Approval of a Capital Project Ordinance for the Iredell County
Government Services Building in South Iredell for $80,400: Finance Director
Blumenstein said the $80,400 would be derived from the capital reserve fund and any
amount remaining at the end of the project would be returned to the capital reserve fund
or will become a part of an amended project once the renovation bids are received.
MOTION by Chairman Tice to approve the Capital Project Ordinance in the
Amount of $80,400 for the Iredell County Government Services Building in South
Iredell.
Commissioner Johnson said his primary concerns about the motion were economic.
He said the Federal Reserve had made a projection that the United States economy in this
quarter would shrink by one percent. Johnson said the State of North Carolina had
projected that the state's economy in this quarter could shrink by three percent. He said
the state budget estimates were established the budget "we are in now" with the tax
increase. There is an estimated economic growth factor of three and a half percent for the
state's economy. He said members of the county's legislative delegation was that
probably by January, the state would be in a financial bind again. Johnson said he
concerns about the county's finances since the state will reconcile its budget the same
way they did last year — taking the county's money away. He said that if the county
financed the hospital debt that in subsequent years using one of the methods of repayment
that Mrs. Blumenstein has shared and the one recommended by the Local Government
Commission, the debt service on this project could run as much as $360,000 a year. He
said the operating costs, and the debt service would be close to $500,000. Johnson said
he thought it was imprudent to incur that type of obligation in an economic downturn.
F
VOTING: Ayes — 4; Nays — 1 (Johnson)
Iredell County, North Carolina
Capital Project Ordinance
Iredell County Government Services Building - South
Be it Ordained by the Board of County Commissioners of Iredell County, North Carolina:
Section 1. This capital project fund shall finance professional services for the planning
And design specifications of the Iredell County Government Services Center.
Professional Fees
Section 2. Funds for this Capital Project Fund will be provided from the following
sources:
Transfers from Capital Reserve Fund 80
Section 3. This Capital Project Fund shall continue until the project is complete.
Section 4. Payments from this Capital Project Fund shall be authorized by the County
Manager or his designee.
Section 5. Upon completion of the construction project, all funds remaining in this
Capital Project Fund shall be transferred back to the Capital Reserve Fund.
This Ordinance being adopted November 6, 2001.
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS
COMMISSIONS
Nursing Home Advisory Committee (2 announcements)
Adult Care Home Community Advisory Committee (2 announcements)
Animal Grievance Committee (I announcement)
Zoning Board of Adjustment (5 announcements)
APPOINTMENTS TO BOARDS & COMMISSIONS
Adult Care Home Communitv Advisory Committee (4 appts.): No
nominations were submitted, and Chairman Tice IMOA to postpone these four
appointments until the November 20 meeting.
VOTING: Ayes — 5; Nays — 0.
Animal Grievance Committee (I appointment): Commissioner Ray nominated
Dr. Brad Rutledge for a reappointment to this committee.
Chairman Tice move to close the nominations and appoint Dr. Rutledge by
acclamation.
VOTING: Ayes — 5; Nays — 0.
Statesville Board of Adiustment-Extraterritorial Jurisdiction (I apptJ: No
6
nominations were submitted, and Chairman Tice move to postpone this appointment
until the November 20 meeting.
VOTING: Ayes — 5; Nays — 0.
UNFINISHED BUSINESS
Winter Planning Session on January 25, 26, 2002: Commissioner Johnson said he
would like the staff to review the following items for review at the planning session.
1. Interconnectivity of Subdivisions: Johnson said the Balanced Growth Committee
reviewed subdivision interconnectivity. Mr. Johnson said he realized some areas of the
county this would not be feasible. He said that perhaps the staff could look at this matter
and give thought about including it in the subdivision ordinance.
2. Minimum Housing Standards: Johnson said he thought the county should begin
considering a minimum housing standard. He mentioned that Planning and Enforcement
Director Niblock might give some annual cost estimates. Mr. Johnson said the board
then, might consider a proposal during the 2002-2003 budget sessions. Johnson said that
from time -to -time, houses in the county damaged by fire or storms, etc. He said this was
typically addressed as a public health issue. Johnson said that many times the problem
could not be addressed by the health department; however, something needed to be done.
County Manager Joel Masburn reported on the following items.
I. EPA Visit Regarding the Sigmon's Septic Tank Services Site Located at 1268
Eufola Road, Statesville, NC: Diane Barrett, the EPA Community Involvement
Coordinator has visited pertaining to the investigation of the Sigmon septic site.
Interviews will be conducted with members of the community and other concerned
citizens.
2. Rural Internet Access Authority (RIAA): This authority has the goal of providing
high speed Internet access to all areas of North Carolina within three years. The RIAA
has established a program entitled the "E Communities Initiative." Money in the amount
of $10,000 for every North Carolina county for a Phase I Planning Effort (local needs
assessment). No match is required. A letter of intent to participate had to be sent to the
RIAA no later than October 31, 2001. The letter was sent indicating an interest, but no
commitment was written. A person will need to be chosen as a Local E -Communities
Champion for Iredell County. The mission for this person would be to encourage the
initiative for Internet connectivity throughout the county. A Rural Partners Forum will be
held in Raleigh on November 28, 29 & 30, 2001. Iredell County's designee should
attend. Therefore, the appointment of this person will be made at the November 20
meeting.
Attorney Pope said the RIAA effort would be an aid in recruiting industry.
It was the consensus of the board to pursue the RIAA program.
3. Permanent Lay -Off of 80 Employees at Clark Schwebel (Hexcel Schwebel):
Notification has been received that 17 administrative employees in the administrative and
technicians, along with 63 skilled workers will be permanently laid off from this
company.
4. New Ambulance Service is Making Application to the North Carolina
Emergency Medical Service for Authorization to be an Ambulance Provider in
Iredell County: Iredell County does not have an ambulance franchise ordinance;
however, the staff office for EMS does require a letter indicating there is no opposition
from the governing body for the county. At the present time, one private provider,
7
Nucare operates in the county with non -emergency or convalescent transports. The new
company would provide paramedic transport; however, it would still concentrate with
hospital to hospital and nursing home transports.
No opposition was voiced and a letter stating this fact will be sent to the state
office.
5. Invitation from the Alexander Board of Commissioners to Attend the
Groundbreaking for the Alexander Correctional Institution: The groundbreaking
will be held on November 8, 2001 at I I a.m. Chairman Tice said she planned to attend
the ceremony.
6. Winter Planning Session will be held at the Agricultural Resource Center, 444
Bristol Drive, Statesville, NC: The staff will soon planning the agenda for the planning
session to be held January 25, 26, 2002. Similar to the items requested by Commissioner
Johnson to be discussed, the county manager requested input from the other board
members. Traditionally, a dinner meeting is held during the session where local and state
officials are invited. The county manager asked if the board members had a specific
topic to be discussed at the dinner meeting.
7. Notification that Iredell County was Selected by the Downtown Statesville
Development Corporation to Receive an Economic Achievement Award: The award
was presented due to the county renovating the former Boggs Motor Company, 400
South Meeting Street, Statesville, NC. The building now houses the main base for EMS,
the county garage. In the near future, the county's maintenance department will be
located at the site.
CLOSED SESSION: Citing G.S. 143-311.18 (a) (5) -Personnel, Chairman Tice
motioned to enter in closed session at 7:50 p.m.
(Return to Open Session at 7:59 p.m.)
ADJOURNMENT: MOTIO by Chairman Tice to adjourn the meeting at
7:59 p.m. NEXT MEETING: Tuesday, November 20, 2001, at 4:30 p.m., for a
Presentation on Rural Planning Organizations followed by the 5:00 p.m. briefing and the
regular meeting 7:00 p.m.
VOTING: Ayes — 5; Nays — 0.
Approved:
8
Clerk to the Board