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HomeMy WebLinkAbout01-03-2023 1 January 3, 2023 IREDELL COUNTY BOARD OF COMMISSIONERS PRE-AGENDA SESSION January 3, 2023 The Iredell County Board of Commissioners met in pre-agenda session on Tuesday, January 3, 2023 at 5:00 PM, in the Commissioners’ Meeting Room located in the Iredell County Government Center 200 South Center Street, Statesville, NC. Board Members Present Chair Melissa Neader Vice Chair Bert Connolly Scottie Brown Gene Hope Brad Stroud, Sr. Staff present: County Manager Beth Mull, County Attorney Lisa Valdez, Deputy County Manager Susan Robertson, Finance Director Deb Cheek, and Clerk to the Board Amy Anderson. CALL TO ORDER: Chair Neader called the meeting to order. ADJUSTMENTS TO THE AGENDA: County Manager Beth Mull went over the following adjustments: ADD: Attorney Client Closed Session NCGS 143.318-11 (a) (3) VRBO Update under Unfinished Business Commissioner Terms under Unfinished Business ADMINISTRATIVE MATTERS Request from Emergency Management to appoint Brian Weatherman (Dominion Energy) as the CY2023 Chairman of the Local Emergency Management Committee (LEPC): Kent Greene said the by-laws of the Local Emergency Management Committee require that the Board of Commissioners appoint the Chairperson annually. A meeting of the LEPC was held on December 28, 2022 at the Emergency Operations Center and Mr. Weatherman was elected by the committee members in attendance. Greene requested the appointment of Weatherman as the CY2023 Chairman of the LEPC. This item was placed on consent. Request from Animal Services for approval to ratify the adoption of the a mended Animal Control Ordinance: Animal Services Director Kristian Hernandez requested approval to ratify the amended Animal Control Ordinance previously approved on October 18, 2022 after a public hearing. This item was placed on consent. 2 January 3, 2023 Request from the Library for approval of Budget Amendment #28 to accept Non - Recurring State Aid to Public Libraries in the amount of $8,192: Library Director Juli Moore requested approval of Budget Amendment #28 to accept Non-Recurring State Aid to Public Libraries in the amount of $8,192. The Library is receiving non-recurring funds in the amount of $8,192 in addition to recurring funds in the amount of $147,485. Working with the IT Department, the Library will use the additional funds to purchase storage for digitized local history materials. This item was placed on consent. Request from ICATS for approval of Budget Amendment #29 to repay NC Department of Transportation for 5311 and 5307 CARES funding and to rebill for new expenditures: ICATS Director Brad Johnson said The North Carolina Department of Transportation's Office of Inspector General completed a review of Iredell County's selected expenditures under the 5311 and 5307 CARES funding awarded to ICATS. There were four claims with findings of noncompliance. These claims will be reimbursed to NCDOT and then rebilled with new expenditures. Request from Planning & Development to consider calling for a public hearing on January 17, 2023 at 7:00 p.m. in regard to a request by Tony D’Alessandro to release zoning and subdivision jurisdiction to the Town of Mooresville: Planning Director Matthew Todd Request from Planning & Development to consider calling for a public hearing on January 17, 2023 at 7:00 p.m. in regard to a request by Dorothy Collins to release zoning and subdivision jurisdiction to the Town of Troutman: Todd said the applicant requested annexation by the Town of Troutman and council voted to deny the request. Todd noted a lot of residents showed up in opposition. The applicant proposed 99 unites on the property. The property is currently zoned R-20 and low density in the 2030 Horizon Plan. Low density is generally referred to as two units per acre and the property is approximately 26 acres. Chair Neader said the applicant would have to be able to have a working relationship with the Town for a plan. Commissioner Brown feels the request needs to go back to Troutman. The Board agreed by consensus not to call for the public hearing. Request from Planning & Development for approval to apply for the NC Department of Transportation Trail Feasibility Study for the Iredell Mecklenburg Trail (3 Corners Trail) and adoption resolution of support: Todd requested approval to apply for the NC DOT Trail Feasibility Study for the 3 Corners Trail and adoption of a resolution of support. In 2021, NCDOT was allocated $2 million in one-time funding from the NC General Assembly to establish a feasibility study program for paved trails. The purpose of the grant program is to improve bicycle and pedestrian projects accessing state and federal funding, resulting in successful implementation of projects. A feasibility study would develop and evaluate preliminary alternative designs, engage public, better understand project to avoid underfunding, and how to implement project. Eligible projects include paved trails and sidewalks. Estimated cost of feasibility study is $60,000- $120,000. There is no match required. 3 January 3, 2023 This item was placed on consent. Request from the Finance Department for approval of a small loan program for fire departments and rescue squads to meet cash flow needs: Finance Director Deb Cheek said the Board appropriated $3 million in ARPA funds to assist fire departments and rescue squads with cash flow needs. With the rising costs of equipment and vehicles these loans will bridge the gap for department purchases. These are 0% interest loans and r epayment will be deducted from the next fiscal year allocations after the loan approval. Request from the Finance Department for approval to purchase Walking Floor Trailers for the Solid Waste Department: Solid Waste Director Teddy Boller requested approval to purchase Walking Floor Trailers. After due advertisement, a Request for Bids was released for seven walking floor trailers to be used in the Solid Waste Department. Bids were received from three vendors; Pinnacle Trailer Sales, Inc., CRTS, Inc., and Phoenix Contracting, LLC. The bid amounts from the three vendors for each trailer were $115,600 (after deducting Federal Excise Tax), $117,751, and $148,895, respectively. Boller requested that the bid be awarded to CRTS, Inc., rather than the apparent low bidder, Pinnacle Trailer Sales, Inc. The reasons for this request are that the specifications submitted by CRTS, Inc. more closely align with the specifications in the Request for Bids, and the proximity of the nearest service center. CRTS has a local service center, and the closest service center for Pinnacle Trailer Sales, Inc. is in Wilmington, NC. This item was placed on consent. Request from the Finance Department for approval of Real Estate Agency Listing Agreement renewal: David Sifford requested approval of a real estate agency listing agreement renewal with Allen Tate Realtors. In March 2021, the Board authorized staff to engage a real estate brokerage firm to list the surplus real property located at 204 Bluefield Road, Mooresville, NC. The current listing agreement with Allen Tate Realtors is set to expire on December 31, 2022. The Realtor is requesting a 6 month extension, through June 30, 2023, to the current Agency Listing Agreement. This item was placed on consent. Request from the Finance Department for consideration of offer to purchase surplus real property located at 204 Bluefield Road, Mooresville, NC: David Sifford said a bid of $750,000 was received and requested to start the upset bid process. Commissioner Brown asked if this a bidder from the last round. Sifford said the bid is from a new bidder. Chair Neader asked if contact was made with previous bidders. Sifford said there was some interest from them. He explained he has another bid for Bluefield Road however the $750,000 was the first bid received. Mull reminded the Board of the upset bid process. 4 January 3, 2023 This item was placed on consent. Request from Administration for approval of Budget Amendment #30, to amend the Facilities Improvement Fund, and to consider a contract for the Government Center New Entrance Project (GC5E) design, bidding and construction administration services: Project Manager David Saleeby requested approval of Budget Amendment #30, to amend the Facilities Improvement Fund, and to consider a contract for the Government Center New Entrance Project. On October 4, 2022, the Board of Commissioners approved moving for with a contract with Fuller Architectural to design the new Iredell County Government Center Entrance project (GC5E). The project began in 2020 with the demolition of the old File Building on the south side of the GC Annex building. This work paved the way for customer friendly, easily identifiable, improved handclap accessible entrance/parking. In February 2022 at the annual budget retreat, staff presented a plan which incorporated the elements requested by the Board and staff for the new entrance. The Board made suggestions to the plan which are reflected in this presentation. Saleeby requested approval for the County Manager to sign a contract with Fuller Architectural for $100,500 for design, bidding and construction administration services for the entrance project and approve BA# 30. This item will be presented again during the regular meeting. Request from Administration for approval Budget Amendment #31, to amend the Jennings Park Project Ordinance, and Edifice as the Construction Manager at Risk (CMR) for pre-construction services for the Jennings Park Project: Projects Manager David Saleeby requested approval of Budget Amendment #31, to amend the Jennings Park Project Ordinance, and Edifice as the Construction Manager at Risk (CMR) for pre-construction services for the Jennings Park Project. Through the RFQ process, Edifice was selected to work with Stewart Engineering on the Jennings Park Project. This portion of the CMR process will provide constructability and design assistance to the engineer, real time cost estimating of the project and a Guaranteed Maximum Price (GMP) for the project. The GMP will be presented to the Board for consideration / approval before construction begins. Saleeby asked for approval for the County Manager to sign a contract with Edifice for pre-construction services for $111,020 for Jennings Park Project and approve BA #31 and the Jennings Park Project Ordinance. This item was placed on consent. County Construction Projects Update: This item was placed on consent. Request from Clerk to the Board for approval of the minutes from the meetings on December 5 & 6, 2022: There were no additions or creations. This item was placed on consent. COUNTY MANAGER’S REPORT County Manager Beth Mull gave an update on the following: 5 January 3, 2023  Employee & Retiree Luncheon – January 24 from 11am – 1:30pm at the Statesville Civic Center IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES January 3, 2022 The Iredell County Board of Commissioners met in regular session on Tuesday, January 3, 2022 at 7:00 PM, in the Commissioners’ Meeting Room of the Iredell County Government Center, 200 South Center Street, Statesville, NC. Board Members Present Chair Melissa Neader Vice Chair Bert Connolly Scottie Brown Gene Houpe Brad Stroud, Sr. Staff present: County Manager Beth Mull, County Attorney Lisa Valdez, Deputy County Manager Susan Robertson, and Clerk to the Board Amy Anderson. CALL TO ORDER by Chair Neader. INVOCATION: Commissioner Brown led the invocation. PLEDGE OF ALLEGIANCE led by Chair Neader. ADJUSTMENTS TO THE AGENDA County Manager Beth Mull went over the following adjustments: ADD: Attorney Client Closed Session NCGS 143.318-11 (a) (3) VRBO Update under Unfinished Business Commissioner Terms under Unfinished Business MOTION by Commissioner Houpe to approve the agenda as presented. VOTING: Ayes – 5; Nays – 0 SPECIAL PRESENTATION & RECOGNITIONS PUBLIC HEARINGS Public hearing to consider a request from applicant/landowner, Lourdes Aleman, to rezone approximately 4.07 acres along Salisbury Highway: Planning Director Matthew Todd said the applicant is requesting to rezone 4.07 acres from residential agricultural to general business. The property is adjacent to already zoned commercial. The 2030 Horizon Plan calls for 6 January 3, 2023 the area to commercial employment center with industrial flex office designation. Todd noted the property is an existing non-conforming use. The rezoning would give the property a change to come into compliance with current standards. The Planning Board voted 9-0 to recommend approval of the rezoning. Chair Neader opened the public hearing. No one wished to speak. Chair Neader closed the public hearing. MOTION by Commissioner Houpe to approve the zoning map amendment, and to make a finding that the approval is consistent with the adopted 2030 Horizon Plan, and that said approval is reasonable and in the public interest and furthers the goals of the 2030 Horizon Plan because the properties lie within the 2030 Horizon Plan Corridor Commercial and Employment Center – Industrial/Flex/Office designations, are adjacent to various existing commercial uses between Salisbury Hwy & Hwy 70, and would bring an existing legal nonconforming use into zoning compliance. VOTING: Ayes – 5; Nays – 0 Iredell County PLANNING & DEVELOPMENT PLANNING STAFF REPORT REZONING CASE # 2212-1 STAFF PROJECT CONTACT: Leslie M. Meadows EXPLANATION OF THE REQUEST This is a request to rezone two parcels, totaling approximately 4.07 acres, along Salisbury Highway, from Residential Agricultural (RA) to General Business (GB). This is a conventional rezoning request, which will bring an existing legal non -conforming use into compliance. No special conditions are proposed at this time. OWNER/APPLICANT OWNER/APPLICANT: Lourdes Aleman, La Frontera PROPERTY INFORMATION 7 January 3, 2023 ADDRESS/LOCATION: 3102 Salisbury Highway; more specifically, PINs#: 4773722970.000 and 4773721716.000. SURROUNDING LAND USE: Properties directly to the north, south, and west are residential in nature. Adjoining property to the east is zoned Light Manufacturing Conditional Use District (M-1 CUD), but has yet to be developed. SIZE: Total acreage to be rezoned includes approximately 4.07 acres. EXISTING LAND USE: Smaller parcel contains legal non-conforming automotive repair/sales business. Larger parcel is a wooded, vacant lot. ZONING HISTORY: The property has been zoned, Residential Agricultural (RA) since county-wide zoning was established in 1990. OTHER JURISDICTIONAL INFORMATION: This area is considered to be entirely within the County’s jurisdiction/service area. The Long Range Urban Service Area of the City of Statesville ends approximately half a mile west of this property. Thus, no other municipality was informed of the request at this time. OTHER SITE CHARACTERISTICS: This property is not located within a regulated Watershed Area. Proposed new development will not be limited to a specific built- upon area density, however, appropriate buffer/screening requirements shall apply along residentially zoned property boundaries. The property is not located in a flood hazard zone. UTILITIES: This site is currently served by private septic, and water service is available through Iredell Water Corporation. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: According to the CRTPO Comprehensive Transportation Plan, this section of Salisbury Highway is considered an existing minor thoroughfare, with no proposed improvements at this time. The closest and most recent NCDOT traffic count, was just east of this property along Salisbury Highway, having a traffic count of 2,000 vehicles per day in 2018. Overall traffic capacity for Salisbury Highway is anticipated at 13,700 8 January 3, 2023 vehicles a day through the year 2030. The speed limit along this section of Salisbury Highway is 45 mph. SCHOOLS: This is a commercial rezoning and should have no implications on local schools. EMERGENCY SERVICES: This proposal has been reviewed by the Iredell County Fire Marshal’s Office and Iredell County EMS. Neither office addressed any concerns regarding the request. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant/developer must provide a site plan to the Planning & Development Department for review to develop the property. Zoning requirements such as parking, landscaping, and buffering will be reviewed at such time. Erosion & sedimentation control standards will also be reviewed for compliance. STATE: Other than building code, there should be no formal state agency review at this time. FEDERAL: None at this time. STAFF AND BOARD COMMENTS STAFF COMMENTS: The applicant, Ms. Lourdes Aleman, is owner and manager of the properties in question. The smaller property has originally operated as a legal non - conforming convenience store/gas station (La Frontera), in conjunction with an auto repair garage. Ms. Aleman is preparing to retire; closing the convenience store portion of the business, and allowing for the future expansion of the automotive business portion. The applicant proposes to include retail sale of used motor vehi cles to the automotive services use, which may necessitate the front portion of the larger property. The applicant has indicated that the majority of the larger property, to the rear of the lot, will remain wooded/vacant. Upon commercial rezoning approval, the existing legal nonconforming use(s) will be brought into zoning compliance. Prior to expansion of vehicle sales/services, the site will be reviewed for GB zoning requirements, such as adequate parking, landscaping/screening, signage, etc. However, it is noted that this is a conventional (straight) request that will allow for any of the permitted GB uses. Being situated between two major roadways, Salisbury Highway and US Hwy 70, commercial use of both properties shall be consistent with the 2030 Horizon Plan. The smaller parcel, containing the long-standing non-conforming commercial use, has been designated Corridor Commercial. Corridor Commercial areas include existing commercial, office, and/or retail uses that exist along major thoroughfares and highways or areas that will include commercial development in the future, and can 9 January 3, 2023 contain both large and small mixed-use commercial centers. These areas are both within and outside the Iredell County Urban Service Areas. They may be serviced by and incorporated into one of the municipalities at some point in the future. According to the plan, commercial uses within this area generally should include retail, restaurants, entertainment centers, automobile services, personal services, other commercial uses, and office developments. The larger parcel, as well as much of the greater area, is inside what the 2030 Horizon Plan calls the Employment Center - Industrial/Flex/Office designation. The Employment Center – Industrial/Flex/Office areas are intended for development of industrial, flex space, and office uses including light manufacturing and assembly, research and development, warehousing, and building trade showrooms and offices. These lands are either currently served or are planned to be served in the future by public or private water or sanitary sewer systems. Development should provide adequate transitions to adjacent lower intensity uses, such as residential and commercial uses, in the form of vegetated buffers, landscaping, setbacks, and building heights. The Planning staff can support the proposed rezoning request based on the following: The properties lie within the 2030 Horizon Plan Corridor Commercial and Employment Center – Industrial/Flex/Office designations, are adjacent to various existing commercial uses between Salisbury Hwy & US Hwy 70, and would bring an existing legal nonconforming use into zoning compliance. SITE REVIEW COMMITTEE: Staff performed a site visit on November 18, 2022, to post property and take photo documentation. Staff was accompanied by Planning Board members Andy Webster and Larry Payne. PLANNING BOARD ACTION: On December 7, 2022, the Planning Board held a public meeting to hear the rezoning request. The applicant/owner and family were present for any questioning. No neighbors attended, and no one spoke in opposition. The board voted 9-0 to recommend approval of the rezoning. Public Hearing to consider an economic development incentive for Project Weave: Iredell County Economic Development Vice President Chad Thomas presented Fiberworks Composite LLC for an economic development incentive grant. The company was founded in 2009 and is located in Mooresville. The company’s core philosophy is to satisfy customers with high quality composite parts while meeting fast-paced demands. The company manufactures a wide range of composite parks for a variety of different customers though all forms of motorsports. In 2022, the company expanded their market share in three key markets that has prepared the company’s growth. They plan to expand in the building located in Mooresville to better serve their customer base. The company will also expand its technology with the addition of CNC machines. Thomas requested an economic development incentive grant to Fibreworks Composites for up to $77,905 based on a capital investment total of $5 million and the minimum creation of 30 10 January 3, 2023 jobs. The grant is performance based and would be payable over five-years at 75% of the new real property and 50% of tangible personal property assessed tax value. Chair Neader opened the public hearing. No one wished to speak. Chair Neader closed the public hearing. MOTION by Commissioner Stroud to approve an economic incentive up to $77,905 over a five-year period based on the company's investment of up to $5 million and contingent upon a contract being executed within 180 days VOTING: Ayes – 5; Nays – 0 ADMINISTRATIVE MATTERS County Manager Beth Mull summarized the following Administrative Matters during the Pre-Agenda meeting held at 5pm:  Request from Emergency Management to appoint Brian Weatherman (Dominion Energy) as the CY2023 Chairman of the Local Emergency Management Committee (LEPC).  Request from Animal Services for approval to ratify the adoption of the amended Animal Control Ordinance.  Request from the Library for approval of Budget Amendment #28 to accept Non- Recurring State Aid to Public Libraries in the amount of $8,192.  Request from ICATS for approval of Budget Amendment #29 to repay NC Department of Transportation for 5311 and 5307 CARES funding and to rebill for new expenditures.  Request from Planning & Development to consider calling for a public hearing on January 17, 2023 at 7:00 p.m. in regard to a request by Tony D’Alessandro to release zoning and subdivision jurisdiction to the Town of Mooresville.  Request from Planning & Development to consider calling for a public hearing on January 17, 2023 at 7:00 p.m. in regard to a request by Dorothy Collins to release zoning and subdivision jurisdiction to the Town of Troutman.  Request from Planning & Development for approval to apply for the NC Department of Transportation Trail Feasibility Study for the Iredell Mecklenburg Trail (3 Corners Trail) and adoption resolution of support.  Request from the Finance Department for approval of a small loan program for fire departments and rescue squads to meet cash flow needs.  Request from the Finance Department for approval to purchase Walking Floor Trailers for the Solid Waste Department.  Request from the Finance Department for approval of Real Estate Agency Listing Agreement renewal.  Request from the Finance Department for consideration of offer to purchase surplus real property located at 204 Bluefield Road, Mooresville, NC. 11 January 3, 2023  Request from Administration for approval Budget Amendment #31, to amend the Jennings Park Project Ordinance, and Edifice as the Construction Manager at Risk (CMR) for pre-construction services for the Jennings Park Project.  County Construction Projects Update.  Request from Clerk to the Board for approval of the minutes from the meetings on December 5 & 6, 2022. MOTION by Commissioner Brown to approve the consent agenda. VOTING: Ayes – 5; Nays – 0 Request from Administration for approval of Budget Amendment #30, to amend the Facilities Improvement Fund, and to consider a contract for the Government Center New Entrance Project (GC5E) design, bidding and construction administration services: Project Manager David Saleeby requested approval of Budget Amendment #30, to amend the Facilities Improvement Fund, and to consider a contract for the Government Center New Entrance Project. On October 4, 2022, the Board of Commissioners approved moving for with a contract with Fuller Architectural to design the new Iredell County Government Center Entrance project (GC5E). The project began in 2020 with the demolition of the old File Building on the south side of the GC Annex building. This work paved the way for customer friendly, easily identifiable, improved handclap accessible entrance/parking. In February 2022 at the annual budget retreat, staff presented a plan which incorporated the elements requested by the Board and staff for the new entrance. The Board made suggestions to the plan which are reflected in this presentation. Saleeby requested approval for the County Manager to sign a contract with Fuller Architectural for $100,500 for design, bidding and construction administration services for the entrance project and approve BA# 30. The Board agreed for the new entrance to stand out and not be flush with the Government Center. MOTION by Commissioner Stroud to approve Budget Amendment #30, to amend the Facilities Improvement Fund, and to consider a contract for the Government Center New Entrance Project (GC5E) design, bidding and construction administration services. VOTING: Ayes – 5; Nays – 0 ANNCOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS (None) APPOINTMENTS TO BOARDS & COMMISSIONS Troutman Board of Adjustment (ETJ) - 1 appointment James Tabor has volunteered to serve for the first time. Troutman Town Council nominated Mr. Tabor to serve. MOTION by Commissioner Houpe to appoint James Tabor to the Troutman Board of Adjustment (ETJ). 12 January 3, 2023 VOTING: Ayes – 5; Nays – 0 UNFINISHED BUSINESS (None) PUBLIC COMMENT PERIOD (None) NEW BUSINESS (None) County Manager Beth Mull gave an update on the following:  County offices will be closed Monday, January 16 in observance of the Martin Luther King, Jr. holiday. CLOSED SESSION There were no items to report. ADJOURNMENT MOTION by Commissioner Brown to adjourn at 7:56PM. The Board will meet for a regular meeting Tuesday, January 17, 2022 at 7pm in the Commissioners’ Meeting Room, Government Center, 200 South Center Street, Statesville, NC. VOTING Ayes – 5; Nays – 0 __________________________________ ___________________________________ Date Approved Amy B. Anderson, Clerk