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HomeMy WebLinkAbout10-03-2023 1 October 3, 2023 IREDELL COUNTY BOARD OF COMMISSIONERS PRE-AGENDA SESSION October 3, 2023 The Iredell County Board of Commissioners met in pre-agenda session on Tuesday, October 3, 2023 at 4:00 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 Houpe Brad Stroud, Sr. Staff present: County Manager Beth Mull, Deputy County Manager Susan Robertson, County Attorney Lisa Valdez, Assistant Finance Director Caroline Taylor, 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: Economic Development under Closed Session ADD: Property Acquisition under Closed Session ADMINISTRATIVE MATTERS Request from the Sheriff’s Office for approval to award the formal bid for a new Mobile Command Unit to Nomad GCS. Joseph Privette requested approval to award the formal bid for a new Mobile Command Unit to Nomad GCS. Last year the Board approved the acceptance of NC House Bill 103 in the amount of $1 million for a new mobile command unit. The unit has gone out to bid and Nomad GSC was the lowest formal bid. This item was placed on consent. Request from Emergency Communications for approval of an Easement Agreement with the Town of Mooresville for an emergency services communications tower. Jamie Barrier requested approval of an easement with the Town of Mooresville for an emergency services communications tower located at 369 Johnson Dairy Road . Mooresville Planning & Zoning approved the easement on September 25, 2023. Chair Neader said this is the piece to completing the VIPER puzzle. Neader asked if this is the final tower for the southern end of the County. Barrier said the two new sites are Johnson Dairy Road and Cool Springs area. 2 October 3, 2023 Vice Chair Connolly said the last update was that the City of Statesville will not be transferring to VIPER. Mull said the City told staff early on that the Statesville Police Department would stay on their own 800 system but that the Statesville Fire Department would transition to VIPER. Last week staff learned that the Fire Department will not be transitioning to VIPER either. Therefore, both the Statesville Fire Department and Police Department will stay on their own system. Commissioner Houpe asks how that will effect dispatch protocol. Mull said the way the program is being designed it will not call for the County to patch. The plan was for everyone to move away from five different radio systems and dispatch from one VIPER simulcast. Commissioner Houpe asked if the City will dispatch their own calls. Mull said the County does not plan on dispatching on another radio system. The plan would be for the County to dispatch on VIPER. If they choose not to transition to VIPER the County will work with them to switch Statesville Fire over to their dispatch system because they will be working off the 800 radio system. Commissioner Stroud asked an approximate live date. Mull said October 2024. The design work is done but modifications will need to be made if Statesville Fire is not going on. This item was placed on consent. Request from Planning & Zoning for approval of the Bond and Operations & Maintenance Agreement for a wet detention pond at 144 McCrary Road. Planning Director Matthew Todd requested approval of a Bond & Maintenance Agreement for a wet detention pond at 144 McCrary Road. The agreement stems from a rezoning the Board approved recently for a storage facility. The applicant requested high density, and the agreement is a requirement at the 1.25% rate of what it would cost to install the measures. Once the measures are in place, Todd wi ll come back to the Board and request a release of a portion of the bond. Approval of the agreement will allow the applicant full use of the property under the high density option. This item was placed on consent. Request from Planning & Development to consider calling for a public hearing on October 17, 2023 at 6:00 p.m. in regard to a text amendment to the Land Development Code. Todd requested a public hearing on October 17, 2023 at 6pm to consider a text amendment to the Land Development Code regarding major subdivisions and cluster developments. Staff is seeing more of these in the County over the last year. Todd said some of the changes include landscaping requirements, roadway yard requirements, and open space requirements. Currently, the Code requires 20% area for open space for Cluster Developments, the text amendment will implement a 50% requirement. The text amendment will implement a minimum 20% open space for a regular subdivision. A regular subdivision is the minimum lot size in the County and splits it. For a Cluster 3 October 3, 2023 Development the houses can be on smaller lots and leave more open space. There is also a buffer requirement around the perimeter of the property. Todd noted the buffer does not include individual lots. Todd said Bridgeport Subdivision has a 40 foot buffer around the development. He noted that the text amendment does not address minimum lot size but that it will come later once the 2045 Horizon Plan is adopted. This item was placed on consent. Request from the Finance Department for approval of State Employee's Credit Union ATM renewal located at Government Center South. Kaitlyn Sparks requested approval of State Employees ATM renewal located at Government Center South through September 2028. Mull noted this is the second location for a SECU ATM. There is one located in the parking lot of the Register of Deeds and staff was able to renegotiate that contract. The renewal presented tonight mirrors the current one. This item was placed on consent. Request from Iredell-Statesville Schools for approval of funds for the design of a new elementary school. Tim Ivey said, “The Iredell-Statesville Schools comes tonight and would like to request some funding to start the design for a new elementary school. As we’ve all been criticized or received scrutiny about is the process we’ve used for the high school. Which we have that over at Troutman. We are in the permitting process to get that moved on through. Plan to have that high school to go out to bid in January, which is the recommended time for projects that size. That is our goal and right now we are on track. I will be glad to provide you guys an update on that. To move from that topic to this topic they are related only on the case of through that process we’ve had lots of discussion on how building schools for the school system are built. This process was a design bid build process and that does take a little bit longer. Typically, you save on construction costs on that process. In the process of talking about the new high school the futur e schools came up and we wanted to be a little more proactive. Based off feedback from commissioners, board members, and others we wanted to go ahead and start designing a school so we could give you a more accurate cost estimate of what it is going to be. It allows you to increase your process and you save money on time; the amount of time that you invest in actually waiting on the building to go through the approval processes. We did some research and looked at neighboring counties. Charlotte-Mecklenburg is the one who essentially is putting up elementary schools like they are going out of style. I talked with a construction company yesterday who is heavily involved in that and told me what kind of products they are using. That is where some of their savings comes in and what their processes are. That is where we came up with our idea of what the price was. They have a large dashboard that you can research online and it tells you each school that they have built in the last couple of years, what the school costs, and design costs. Design costs for a school, even if you have an existing plan, tends to be between 7 -10% for architectural fees. Depending on what type of construction process you choose to go through you can accrue more costs (CM at risk fees). The school system would like to go ahead and start the design process. We would like to use an existing design of a school that we already have. We’d like to form a committee, and we’d like to move forward with being able to give you an accurate price on a new school. That way we’ve done all the leg work up front instead of coming up on the backend and it being different than what we originally talked about as far as funding wise. The only numbers we have to go off of are what we are seeing currently in the process of building based off current construction rates and those that have recently been finished. For an 800 -900 student elementary school, you are looking at somewhere between $40 -55 million. That is just a basic general estimate. That is what you are going to find if you go out and look for it. Based off 4 October 3, 2023 those numbers if you were to go off that you are looking at $5 million for total design. The school system is not set on a hard number. We want to work with the commissioners to be up front to start the process and be able to send out the information, select an architect, have the design ready, and look at possible sites. Is the property the school system owns the best site? We will not know until we have that committee together to look at those things . We also can’t start that process without some form of funding. That’s why I am here this afternoon; to discuss that with you guys. I will be glad to answer any questions.” Commissioner Houpe said, “Tim, explain how much and why does it save to go with a n existing design.” Ivey said, “You can pull a design directly off of DPI which means it’s been reviewed and approved, but when you go to place that building on a specific site there are all the parts that aren’t involved in that. How big does the que lane have to be? What is the amount of required parking? What site work do you have to do? A lot of times what people don’t understand is the cost of construction is actually the site work. How much dirt has to be moved around or take n off? That is where a lot of the cost is going with the new high school. It’s the infrastructure that supports the building. That ends up costing a lot more than people realize. We’re talking a 116 acre complex. For any plans that you pull off, you save time in pulling an old design. If you pull a design that has already worked you save time because you know a lot about it and the architect can get through it faster and you can get to construction sooner. There are opportunities to bring in a general contractor early on. You do s ave some, but it’s not necessarily in the design process. It is in the building process by picking something that you’ve seen.” Commissioner Houpe said, “I’ve been asked, and I am sure you have to, but when you are picking sites for potential schools we need to be more specific in looking at the site work to the design of the school. Instead of backwards, right? That would have potentially saved a lot of money on the high school if we knew when that land was bought what you were going to put there. You are not going to know the cost of construction naturally.” Ivey said, “Absolutely and I agree. The school district at one point had done a very good job of acquiring land for the expansion of schools, but I think with what we are seeing now it would be better for us to change that process like we see in other counties. A lot of other counties they will approve a school and then look for an appropriate site so they can kind of marry the two. At one point that wasn’t necessarily the right pathway because construction costs wasn’t high enough to see a big impact if you didn’t have the most suitable site. You could do some things to adapt. Now we are looking at flip flopping things.” Commissioner Houpe said, “If you design up front then you go look for the sit e that it would fit on as economical as possible.” Ivey said, “Yes, because they do have to make…like I said the infrastructure of the school building has to be adapted to fit that property. The school district does have one property now that is large enough to place an elementary school on and it is in the appropriate location that would suit this, but I am not saying that is the absolute best property. We would like to use this process to explore that, and if we find out it’s not, then as a group we would need to work together to come up with what would be the best decision for moving forward with this.” Chair Neader asked, “Does the site visit mean boots on the ground to identify challenges such as characteristics of the lay of the land?” 5 October 3, 2023 Ivey said, “Once you identify who your architects would be their civil engineer can tell you that.” Chair Neader asked, “Will they help you narrow down which plan…” Ivey said, “We would start some of those processes and look if we could have a civil engineer we work with give us that information. We typically like to do that through committee. Our schools are community, and we like to have as much community involvement in the design process as possible so that everybody has stakeholder buy in and feedback.” Commissioner Brown said, “I think we’re doing what Manager Mull has done with our budget and put back the $10 million. We are trying to stay ahead of the game that we want to be ready to build this new school. You said you looked at other counties. We just built a s chool in Iredell County; Selma Burke Middle School. It is the most recent school built in the County. I think it would be up to date.” Chair Neader said, “The price per square foot.” Commissioner Brown said, “It was just finished a month ago. If that one didn’t pass we have troubles.” Ivey said, “We can look at that for building costs, absolutely. It’s coming in at what we are seeing. It’s coming in indicative of what these are. They did CM At Risk for that property. We are open at using that method for construction. The school system is trying to be more encompassing and understanding of what you guys are asking of us and also trying new things. I just had a meeting with a company about that yesterday.” Vice Chair Connolly said, “Five million dollars is a lot of money to put toward design fees especially if we pull one off the shelf. Look at Selma Burke. I understand about the 7 -10% of construction costs. We can always approve an amount of money and you can come b ack to us if the bid is higher or your cost is higher. I think us a board, we want to be very involved in building this school because we’ve seen the kind of the issues we had with the high school. Going from $80 million to $200 million. With that said, I’d like to make a motion that we approve $3.5 million for the design fees for the new elementary schools with any remaining funds rolled back into construction costs.” Mull clarified that the motion should include the approval of a budget amendment to transfer funds and adoption of the capital project ordinance. Vice Chair Connolly added the budget amendment and project ordinance to his motion. This item was placed on consent. High School Athletic Stadium Upgrades Update. Ivey gave an update on the High School Athletic Stadium Upgrades. He expressed appreciation to the Board for helping with the lottery funds and capital funds. The school system was able to complete the North Iredell High School project. Request from Clerk to the Board for approval of the minutes from the meeting on September 19, 2023. There were no corrections. This item was placed on consent. At this time the Board entered into Closed Session. 6 October 3, 2023 IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES October 3, 2023 The Iredell County Board of Commissioners met in regular session on Tuesday, October 3, 2023 at 6:00 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, Deputy County Manager Susan Robertson, County Attorney Lisa Valdez, and Clerk to the Board Amy Anderson. CALL TO ORDER by Chair Neader. INVOCATION: by Vice Chair Connolly. PLEDGE OF ALLEGIANCE led by Chair Neader. ADJUSTMENTS TO THE AGENDA: County Manager Beth Mull went over the following adjustments: ADD: Economic Development under Closed Session. ADD: Property Acquisition under Closed Session. MOTION by Commissioner Houpe to approve the agenda as presented. VOTING: Ayes – 5; Nays – 0 SPECIAL PRESENTATIONS & RECOGNITIONS (None) APPOINTMENT BEFORE THE BOARD (None) PUBLIC HEARINGS Public hearing to consider the adoption of the 2025 Public Transportation Program funding request. ICATS Bradley Johnson presented the FY25 Transportation grants for public hearing. The grants are made up of urban and rural monies that are dedicated from the Federal or NCDOT. ICATS is applying for $367,000 in administrative funds; $1.1 million in operating funds; $600,000 in capital funds. Capital funds will be used to replace one vehicle and purchase transmissions. The department has seen some transmission failures around 100,000 miles and if purchased with grant funding the costs is .10 cents on the dollar. The remaining capital funds will be earmarked toward the facility project. 7 October 3, 2023 Commissioner Brown asked if the department is usually successful in receiving the grant funds. Johnson said the grants are not guaranteed but the department has been successful in the past. Chair Neader opened the public hearing. No one wished to speak. Chair Neader closed the public hearing. MOTION by Commissioner Houpe to adopt the Public Transportation Resolution. VOTING: Ayes – 5; Nays – 0 ⁘ ⁘ ⁘ ⁘ Public hearing to consider a request from Applicant Josh Johnson, of Johnson’s Modern Electric Company, Inc., to rezone approximately 4.07 acres along Perth Road as a satellite electrical contractor’s facility. Planning Director Matthew Todd outlined the following request. The property is currently zoned community business conditional district. Todd noted the County no longer has that zoning designation in the ordinance. The applicant is requesting to rezone the property to General Business Conditional District. Staff supports the request as it is identified in the 2030 Horizon Plan as Corridor Commercial and the conditions of the request aim to maintain safeguards for the surrounding landowners, and traffic impacts should be minimal. There is an existing structure on the parcel with a fair amount of zoning history. There are watershed restrictions on the property that will impact additional impervious surface. Todd said there is room to add some but there are restrictions on how much can be added. Code requires a 50’ landscape roadway yard along Perth Road. Todd said it would be a mixture of trees and shrubs; 1 tree and 10 shrubs for every 50’. Staff would work with the applica nt regarding the existing vegetation and a new site plan would be submitted showing that the requirement can be met. The applicant has proposed, as a condition, keeping the 30’ vegetative buffer screen that is already in existence. The code does not require anything along Knotty Pine Lane, however the applicant is proposing to keep what is there now as a condition with the exception of a driveway cut in that area. Todd outlined the following conditions: 1.) Permitted GB uses would be limited to the following uses only: Accounting, auditing, or bookkeeping, Administrative or management services, Advertising agencies or representatives, Barber & beauty shops, Building maintenance services, Contractor facilities, Contractors’ offices (no storage), Insurance agencies, Law offices, Medical offices or laboratories, Real estate offices, Stock, security or commodity brokers, Travel agencies, Utility company offices. 2.) Maintain existing 30’ vegetative buffer along Knotty Pine Lane and rear property boundary, with exception of driveway cut off Knotty Pine Lane. 3.) Outdoor storage of materials shall only be allowed directly behind the existing building/structure. 8 October 3, 2023 4.) All existing chain-link fencing along Perth Road shall be slatted with privacy screening. At the Planning Board meeting, conditions three and four were added and agreed upon by the applicant. Todd said the front of the building has a more decorative fence. Commissioner Houpe asked Todd to clarify the two conditions added at Planning Board. Todd said the area for outdoor storage is minimal compared to the whole site. There is also a septic system that would have to be worked around in order for storage. The applicant will not have full use of the area between the buffer requirements and the septic system, but has agreed to limit storage to that area. Commissioner Houpe asked if materials, equipment, and vehicles could be stored on the property and what the view would be from Perth Road. Todd said with the lay of the land he could not say that anything could be put in place along Perth Road that would completely block the storage behind the building. Commissioner Houpe suggested a more opaque screen along Perth Road. Commissioner Brown asked about the driveway cut on Knotty Pine since the property has a good bit of road frontage on Perth Road. Todd said that is a part of the history of the property and goes back to previous rezoning requests. The current applicant does want to have that option. Todd noted that staff would require a permit from NCDOT for the driveway cut. Commissioner Houpe asked if the driveway cut on Knotty Pine is currently legal. Todd said it does not exist because the area has grown up. Chair Neader opened the public hearing Applicant Josh Johnson, 6629 Old US 421, East Bend, NC spoke in favor of the rezoning. Johnson Electric is a 55 year old family business. They’ve had a satellite office in Mooresville for six years. The company works throughout the southeast with a large presence in the Charlotte area. Johnson addressed the driveway cut on Knotty Pine. The company has a 20’ rollback bed truck and an 18’. The trucks will not be entering the business every day. The gate will stay locked when the business is closed, but if there is a delivery and the driver stops to unlock the gate, the truck will be hanging out in the road. Johnson noted that deliveries will be from company trucks. There will not be any tractor trailers entering the site. Commissioner Houpe asked where the main entrance will be. Johnson said the main entrance will be off Perth Road. 9 October 3, 2023 Vice Chair Connolly asked Johnson if he would maintain the buffers. Johnson said yes. He continued to say the property will be something to be proud of. Belinda Roper, 135 Honeysuckle Creek Loop, shared concerns over the proposed rezoning. At the public input meeting the applicant said there would be minimal storage on the property and at last month’s Planning Board the applicant said he would not buy the property if he couldn’t have outdoor storage. Roper expressed appreciation to Johnson for agreeing to the minor concessions, but they do not address the front of the property. Roper provided pictures of the front of the property. Roper asked the Board to add conditions to provide an aesthetically pleasing look to the property. Jack Davis, 142 Knotty Pine Lane, said there are 16 houses on Knotty Pine Lane. The road is uphill, narrow, curvy and would prove difficult for large trucks to use . He explained that the residents on Knotty Pine Lane previously experienced the misuse of a driveway at the location which resulted in narrowing of the road. Lance Desmarias, 123 Honeysuckle Creek Loop, requested an aesthetically pleasing buffer along the front of the property. He also asked that conditions be placed on the property to prevent it from becoming a bar or gas station. Realtor Kay Helms, 369 Wilson Lake Road, spoke on behalf of the rezoning. She said the applicant is willing to clean up the property and be a good neighbor to those in the community. Chair Neader closed the public hearing. Commissioner Houpe asked if the previous permit showed two entrances on Perth Road. Todd was unfamiliar with two entrances off of Perth Road. He said the current zoning allows for a driveway on Knotty Pine and is limited to the landscaping business. Todd believes the conditions of the driveway is for deliveries and avoid drop off times for school buses. Commissioner Houpe said it is not in the board’s purview to add an entrance on Perth Road. Todd said the County has a 300 foot separation between driveways. From a transportation aspect, Todd advised against adding driveway cuts to Perth Road because traffic slows down. Todd recommended to maximize the existing driveway cuts whether it is a driveway for the business or Knotty Pine Lane. Todd noted Knotty Pine Lane is a State road. Commissioner Houpe asked why the driveway was not permitted with the NCDOT. Todd is unaware of the owner ever using the driveway on Knotty Pine. Commissioner Houpe referenced Davis’ letter which included a civil situation. He asked if the Board is allowed to approve the driveway off Knotty Pine. 10 October 3, 2023 County Attorney Lisa Valdez said the driveway permit or any access on Perth Road is above the authority of the Board. That is strictly up to the NCDOT. Moving the current location and permitting a new one is also a NCDOT decision. Valdez believed Davis was referencing restricted covenants on a deed and that is not something the Board is a party to. The Board does not have the authority or responsibility to enforce restrictive covenants on a deed. Commissioner Houpe asked the applicant if he would agree to a cut out deep enough for the trucks entering the driveway to be out of the road and screening that is closer together (along Perth Road). Johnson agreed. Valdez clarified Todd’s comments. The prior rezoning allowed for a driveway on Knotty Pine whether it is open or not is a separate issue. If the prior rezoning allowed for a driveway there for delivery purposes , the Board can allow any driveway on Knotty Pine, to the extent the NCDOT allows it, the gate will be setback 50 feet to the edge of the right -of-way to allow for pull in and will be limited to delivery vehicles only. No tractor trailers. Commissioner Houpe asked Todd about the additional types of screening ideas. Todd asked if the screening will be along the decorative fence section. Commissioner Houpe said the areas where additional slats cannot be added. Commissioner Brown would rather see vegetation than additional slats. Todd said for every 50’ there will be one tree and 10 shrubs. Todd said that can be increased to a continuous row of shrubs. Johnson suggested one tree and 12 shrubs every 50’ and the shrubs be a minimum of 30 inches at the time of planting. MOTION by Commissioner Brown to approve the zoning map amendment, and to make a finding that said approval is consistent with the adopted 2030 Horizon Plan, and is also reasonable and in the public interest because: the property lies within the 2030 Horizon Plan Corridor Commercial designation, conditions of the request aim to maintain safeguards for the surrounding landowners, traffic impacts should be minimal, and the following the conditions: 1. Permitted GB uses would be limited to the following uses only: Accounting, auditing, or bookkeeping, Administrative or management services, Advertising agencies or representatives, Barber & beauty shops, Building maintenance services, Contractor facilities, Contractors offices (no storage), Insurance agencies, Law offices, Medical offices or laboratories, Real estate offices, Stock, security or commodity brokers, Travel agencies, Utility company offices. 2. Maintain existing 30’ vegetative buffer along Knotty Pine Lane and rear property boundary, with exception of driveway cut off Knotty Pine Lane. 3. Outdoor storage of materials shall only be allowed directly behind the existing building/structure. 11 October 3, 2023 4. All existing chain-link fencing along Perth Road shall be slatted with privacy screening. 5. Any driveway access on Knotty Pine may only be used for delivery vehicles with the gate set no less than 50 feet from the edge of the right of way. No tractor trailers will be permitted to use this driveway. 6. Additional screening along the front property line on Perth Road at the decorative fencing shall include one tree with twelve (12) shrubs per 50 feet. The shrubs will be a minimum of 30 inches at the time of planting. VOTING: Ayes – 5; Nays – 0 Iredell County PLANNING & DEVELOPMENT PLANNING STAFF REPORT REZONING CASE # 2309-1 STAFF PROJECT CONTACT: Leslie M. Meadows EXPLANATION OF THE REQUEST This is a request to rezone a parcel of land along Perth Road, at the corner of Knotty Pine Lane, approximately 4.07 acres, from Community Business Conditional District (CBCD) to General Business Conditional District (GBCD). The intent of this conditional request is to amend the existing conditions at this site, and will limit permitted GB uses as attached to the request. OWNER/APPLICANT OWNER: Marie Godwin APPLICANT: Josh Johnson, Johnson’s Modern Electric Company, Inc. PROPERTY INFORMATION 12 October 3, 2023 ADDRESS/LOCATION: 1453 Perth Road. More specifically, PIN#: 4649063919.000. SURROUNDING LAND USE: The surrounding area, in all directions, remains residential in nature. SIZE: The total acreage to be rezoned includes approximately 4.07 acres. EXISTING LAND USE: Operated as a garden center, Lake Norman Plants and Produce, which closed in 2019. ZONING HISTORY: The property was originally zoned Residential Agricultural (RA) when county-wide zoning was established in 1990. The existing commercial structure, built in 2003, was permitted under the RA district as a Farm-Type Enterprise, to house Lake Norman Nursery. However, amendments to the LDC have since required such nursery/garden center uses be located within commercially zoned districts. Thus, Lake Norman Nursery then became a legal non-conforming commercial use. In order to expand the Lake Norman Nursery operation, there was a request to rezone this RA property to Highway Business Conditional Use District (HBCUD) in 2007. Due to public oppositions, the HBCUD request was denied, by both Planning Board and the Board of Commissioners at that time. In 2008, the current Community Business Conditional District (CBCD) zoning was approved, that addressed public concerns by limiting the site to continue as a garden center/nursery use only, and to expand said use based on a submitted site plan. The current CBCD conditions include: garden center/nursery use only, a conceptual site plan that provides additional screening along Knotty Pine Lane, a second entrance for delivery truck use only, and limited delivery times that would not be during the time children are at the bus stop on Perth Road. These CBCD conditions shall no longer apply, if the proposed GBCD request is approved. It is also important to note that, in 2011, amendments to the LDC converged the Community Business (CB) zoning district with the Highway Business (HB) district. New uses, additions, or changes in the CB district must now comply with the uses and standards of the HB district. A change from the present CBCD zoning would establish a zoning district recognized in our current code. Most recently, in February 2023, “Buddy” and Karen Godwin requested a rezoning from CBCD to Neighborhood Business Conditional District (NBCD). The conditions of their submitted NBCD application excluded certain NB uses. Planning Board suggested additional exclusions; one being restaurants in particular, that the Godwin’s did not wish to eliminate. Therefore, Planning Board denied recommendation for approval. The applicant withdrew said application prior to Board of Commissioner consideration. 13 October 3, 2023 OTHER JURISDICTIONAL INFORMATION: This area is considered to be entirely within the County’s jurisdiction/service area. The property lies just far enough outside of the town limits of both Troutman and Mooresville that no municipal Urban Service Area is nearby. Thus, no other municipality was informed of the request at this time. OTHER SITE CHARACTERISTICS: This property is located within a regulated WS-IV-PA Protected Watershed Area for Catawba/Lake Norman. Proposed new development will be limited to the Non-Residential Low-Density Option; for 24% built-upon area with curb and gutter, or 36% built-upon area without curb and gutter. If desired, a request for the Non-Residential High-Density Option; 36%-70% built-upon area, must be applied for and approved by the BOC. The property is not located in a flood hazard zone. UTILITIES: This site is currently served by well and septic only. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: According to the current CRTPO Comprehensive Transportation Plan. Perth Road is considered an existing boulevard in need of improvements. The closest and most recent NCDOT annual average daily traffic count along Perth Road was approximately 13,000 vehicles per day in 2021. Traffic capacities are unknown. In Iredell County’s 2021 Transportation Master Plan, the Perth Road corridor from State Park Road to Lake Norman Cove is recognized as in need of future improvements, and also denotes a priority intersection with Fern Hill Road, just to the north of this site, where a recommendation has been made for future installation of a 120’ roundabout and alignment shift. The speed limit along this section of Perth Road is 45 mph. SCHOOLS: This is a commercial rezoning and should have no implications on local schools’ capacity. 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: An official site plan must be submitted to the Planning & Development Department for review in order to redesign or further 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 14 October 3, 2023 STAFF COMMENTS: The applicant, Josh Johnson, of Johnson’s Modern Electric Company, Inc. (JME), is in search of property to own (no longer rent) and utilize as a satellite office/storage space for his family’s successful electrical contractors’ business. Providing electrical services for over 55 years, JME now focuses on commercial, industrial -sized electrical projects across various states. The existing CBCD conditions limit the site to a garden center only; tied to a specific site plan. A rezoning to amend the existing conditions aids in revitalizing this property. The applicant consented to a conditional rezoning, limiting future GB uses and maintaining the existing vegetative buffer, to be considerate of the surrounding neighborhoods. At Planning Board’s initial hearing on September 6th, the request drew a number of neighbors from Honeysuckle Creek Subdivision and corner street, Knotty Pine Lane. While not completely in opposition, landowners expressed concerns of aesthetics due to outdoor storage and possible truck/delivery traffic. Planning Board members made various suggestions to the applicants for additional safeguards to their agreed upon conditions. During deliberations, the applicant was readily willing to agree to the suggested additional recommended conditions, which pertain to location of outdoor storage and additional privacy screening. Thus, the applicant is proceeding with this conditional rezoning, that now includes additional specific conditions imposed as part of the GBCD application as follows: 5.) Permitted GB uses would be limited to the following uses only: Accounting, auditing, or bookkeeping, Administrative or management services, Advertising agencies or representatives, Barber & beauty shops, Building maintenance services, Contractor facilities, Contractors offices (no storage), Insurance agencies, Law offices, Medical offices or laboratories, Real estate offices, Stock, security or commodity brokers, Travel agencies, Utility company offices. 6.) Maintain existing 30’ vegetative buffer along Knotty Pine Lane and rear property boundary, with exception of driveway cut off Knotty Pine Lane. 7.) Outdoor storage of materials shall only be allowed directly behind the existing building/structure. 8.) All existing chain-link fencing along Perth Road shall be slatted with privacy screening. Existing as a commercial property for over 20 years, the 2030 Horizon Plan has already been amended in the past to include this parcel within the Corridor Commercial designation. 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 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 Planning staff can support the proposed rezoning request based on the following: the property lies within the 2030 Horizon Plan Corridor Commercial designation, conditions of the request aim to maintain safeguards for the surrounding landowners, and traffic impacts should be minimal. 15 October 3, 2023 PUBLIC INPUT MEETING: A public input meeting was held at Johnson’s Modern Electric’s current Mooresville office, located at 1178 River Highway, on Tuesday, July 11, 2023 starting at 7:00 pm. Approximately 8-10 property owners from the area, including the Godwins, were in attendance to hear the proposal and ask questions about the future Contractors Facility. Concerns included possible outdoor storage and a commercial entrance/access off of Knotty Pine Lane. A copy of the applicant’s summary of said public input meeting has been included at the end of this report. SITE REVIEW COMMITTEE: Staff performed a site visit on August 18, 2023, to post property and take photo documentation. Staff was accompanied by Planning Board member Larry Payne. PLANNING BOARD ACTION: On September 6, 2023, the Planning Board held a public meeting to consider the rezoning request, which involved two additional agreed upon conditions per planning board’s recommendation. The applicant and realtor were present for questioning. Approximately ten neighboring landowners were in attendance, six of which spoke regarding their concerns. Subsequently, the board voted unanimously, 8-0, to recommend approval of the amended rezoning application. ⁘ ⁘ ⁘ ⁘ Public hearing to consider to a text amendment to the Land Development Code. Planning Director Matthew Todd presented a text amendment to the Land Development Code regarding short-term rentals. Todd said the text amendment applies to only short -term rentals within the County’s zoning jurisdiction. The text amendment would require anyone operating a short-term rental to apply for a zoning permit to be effective January 1, 2024. The amendment would regulate the number of short-term rentals on a property and will allow only one to be rented out. If there is a house and accessory garage with living quarters the two of them can only be rented out as one unit. The maximum occupancy is two persons per bedroom with two additional people. There is regulation to address parking; one off-street parking spot per bedroom; specifically stating no on-street parking will be allowed and all parking should be onsite. The amendment will also require a designated responsible party that would be available 24 hours per day. Their contact information will be required to be posted at the driveway entrance. Signage will be allowed. Not for advertising, but to identify the name of the short-term rental. The sign is limited to three square feet. Special events will not be allowed (large gatherings, parties, weddings, reunions, and etc.). The property owner may not make the short-term rental available for guests for less than an overnight stay. Todd said to address some of the concerns it is suggested to increase the fine after the first violation. This is different than other zoning violations. The first violation will be $100 and increase to $200 for a second offense before eventually going to a $500 fee. Which could turn into a daily fine if it is a repeat offender. Todd noted there will still be a 30 -day notice of violation. If a property is in violation, staff will investigate and send a letter stating they have 30 days to come into compliance before the citation process. The notice of violation process is not changing; only the citation process. Todd went through some of the added or clarified definitions. The Iredell County Planning Board voted 7-1 in recommendation of the text amendment. 16 October 3, 2023 Commissioner Houpe asked for clarification on maximum occupancy in an effort to leave no room for misinterpretation. He also asked if staff has the ability to immediately notify the homeowner of a violation. Todd said the maximum occupancy is two people per bedroom and two people. Valdez clarified with Todd that staff is not waiting 30 days to notify the property owner. Todd said the property owner is notified as soon as staff determines there is a violation. They are allowed 30 days to come into compliance. Valdez said the County has always sought voluntary compliance for zoning violations. Typically the violations cannot be fixed overnight however this is a different situation. Val dez said this section of the code applies to more than short-term rentals. Valdez clarified that the only mechanism the County has to address short-term rentals is the Land Development Code. This is not a separate and freestanding code. Valdez said staff seeks to send a notice of violation, allow 30 days to come into compliance and see some progress being made before a citation is issued. She said there have been very few violations that did not come into voluntary compliance. Commissioner Houpe feels it would be helpful if the property owner would have more stringent rules and higher security deposit. Chair Neader opened the public hearing. Ernie Sackett, Asbury Circle, spoke in favor of the text amendment. Richard Yeoman, asked the Board to bring together all of the stakeholders for more research. He said some stakeholders may be unaware of the proposed text amendment and the process. Mark Hamblin, 119 Grove Park Drive, said rental companies are not opposed to regulations. They want their voices heard because of their interest involved. There may be some problems with one or two short-term rentals. Hamblin said there are some parts of the text amendment that give him pause legally regarding statutory requirements and some recent case law from the NC Court Appeals involving a case in Wilmington. Hamblin offered to work with the Board and Planning staff to alleviate any concerns there are. Michael Joy, 315 Whippoorwill Road, spoke in favor of the text amendment. He said there are three waterfront short-term rentals in the cove in which he lives. Joy thanked the Board and staff for working with the residents to develop the text amendment. There are still some concerns but the text amendment is a good start. Joy said it is important to have regul ations in place to allow for future changes while ensuring the safety of residents and protecting the environment. He encouraged enforcement of the regulations. Lawrie Lawrence, 141 Stonewall Beach Lane, is the founder and CEO of Stay Lake Norman. The company has been operating for eight years with over 62,000 guests. A lot of the guests are repeat guests. Out of those guests there has been 12 evictions for parties. Stay Lake Norman has very strict rules. Lawrence said 99% of guests are families getting together and follow the rules; .9% are the same people but sometimes get excited but are able to be controlled; .1% are 17 October 3, 2023 the ones who create the problems. The 12 evictions were all guests who live within 60 miles of Lake Norman who book last minute for thre e nights or less. Stay Lake Norman implemented a 3- 3-3 rule. Meaning any guests who books within three days for three nights are less must be 30 years old and pay a $3,000 compliance deposit. Lawrence said there have not been any evictions since implementing the new rule. Lawrence said reducing the occupancy will also reduce the rate which in turn hurts the 99.9% but the other 1% will still rent. Lawrence said the fix is not reducing occupancy. Caleb Hannon, co-owner of Stay Lake Norman, said there are f ront and rear facing cameras at every one of their properties. The cameras are monitored to ensure parking and etc. Drew Miller, owner of Carolina Destinations, asked the Board to table the text amendment for further dialogue and collaboration. Miller asked who will be fined for the occupancy violation. He also asked the definition of party. Mary Rotando, 148 Southpoint Drive, thanked the Board for their hard work regarding the proposed ordinance. There is a cost to the lake’s pristineness and the land. She asked about lake patrol because rental boats associated with STRs are causing the majority of serious injuries on the lake. She expressed the ordinance falls short of the specifics. She asked the Board to add language on who is going to address the issues that arise. Tricia Odenwald, 119 Misty Cove Lane, expressed appreciation to the Board and staff for crafting the text amendments. Ode nwald requested more detailed language and specific actionable and enforceable language to allow the Sheriff’s Office to adequately deal with short - term rentals. She asked if there will dedicated staff to receive and respond in real time. She stated if a complaint was called in at night by the time staff comes in the next morning the guests may be gone. Rick Howard, 148 Sailview Drive, said the short-term rentals have been alarming. Recently, an investor was looking for five acres to build a 40 bedroom house for an Airbnb. Howard asked the Board to look at the big picture of what could happen. Todd noted the County does not regulate the size of a single family home. If the property owner can get the septic approved they can build a 40 bedroom home but t hey could not rent different sections to different people. Howard went on to encourage the Board to protect Lake Norman. Chair Neader closed the public hearing. Commissioner Houpe suggested tabling the matter and allow staff work with the people on both sides of the issue, and the Board can continue the discussion at the workshop on October 13, 2023. Chair Neader asked staff to provide any feedback from tonight’s public hearing but the Board will not take any action at the workshop. Commissioner Brown shared concern over protecting the lake. 18 October 3, 2023 Vice Chair Connolly asked Todd if the text amendment will adequately do what needs to be done. Todd said the text amendment is going to be extremely tough to enforce. He said there possibly could be a couple of tweaks depending upon the comments made tonight. Mull said there is not going to be perfect solution. Enforcing the text amendment is going to be a daunting task for Planning staff and the Sheriff’s Office. It does give a starting point. It is a living and breathing document and can be amended as needed. MOTION by Commissioner Houpe to table the item until October 17, 2023. VOTING: Ayes – 3; Nays – 2 (Stroud & Brown) IREDELL COUNTY PLANNING & DEVELOPMENT PLANNING STAFF REPORT Proposed Text Amendment – Vacation Rental – Short Term Rental EXPLANATION OF THE REQUEST Iredell County is experiencing an increase in the number of complaints about short-term rentals (vacation rentals). These are predominantly around the lake and can be found on different vacation rental websites. On March 20, 2023 a called meeting of the Board of Commissioners and staff was held to discuss this item. From this meeting direction was given to draft a text amendment to address concerns from this use including noise, parking, septic, events, and other items. Existing text that is bold and with strike through is text to be removed. Text in red and underlined is new text to be added. Text in blue and bold is new text added for additional clarification since Planning Board voted to recommend approval August 2, 2023. STAFF COMMENTS The intent of the proposed text amendment is to amend the County’s Land Development Code by adding short term rentals to the list of permitted use and defining a set of specific regulations to address this use. This proposed text amendment will amend the following Chapters:  Chapter 2- Identity short term rentals in the table and identify what districts they would be allowed.  Chapter 3- Create a performance requirement for short term rentals that identifies the proposed regulations specific for short term rentals.  Chapter 14- Amend the citation process to address repeat offenses of this Ordinance.  Chapter 16- Add a definition for event center, repeat offender, short term rental 19 October 3, 2023 TEXT AMENDMENTS Section 2.21 Table of Permitted and Special Uses Section 2.21.1 Agricultural & Residential Uses USES AC RA RU R R R R20 R12 R8 RO OI N B H B GB M1 M2 R Short term rental (STR) – vacation rental R R R R R R R R R R R R 68 Section 3.1 Performance Requirements R68. Short term rental (STR) – vacation rental A. Application. A property owner shall submit a request for a zoning permit in accordance with Chapter 8 of this Ordinance. As part of the application process, the Zoning Administrator may request the submission of a site plan to illustrate compliance with the performance requirements; the Zoning Administrator may require, without limitation, the inclusion of the following on the site plan: the deed reference of the subject property, the number of bedrooms, location of signage and adequate parking. The applicant shall also acknowledge that it is the responsibility of the property owner to ensure compliance with any and all restrictive covenants, restrictions of homeowner or property associations governing the subject property, and/or lender requirements included in any deed of trust or loan documents for which the subject property serves as collateral. The Zoning Administrator may deny or revoke a zoning permit in the event: 1. The property owner submits incomplete or inaccurate information, or fails to illustrate how the requirements set forth herein will be met; or 2. The property owner has previously incurred two (2) or more verified zoning violations of this Performance Requirement (R68) at the subject property. B. Number allowed. Only one STR shall be permitted per approved Dwelling Unit. An STR may be permitted in an Accessory Dwelling Unit. When a Main Building, as the primary dwelling unit, is used as an STR, an accessory dwelling unit may also be used as part of the STR rental only when rented as one unit to the same party. In OI, NB, HB, GB, new dwelling units are not permitted; in the case of a legal non-conforming use and/or structure, a STR is permissible provided Chapter 15 and the requirements set forth herein are met. C. Maximum occupancy The occupancy shall not exceed two (2) persons per bedroom, plus two (2) additional persons. Bedrooms used and advertised shall match the most recent Iredell County tax records for the subject property. The maximum occupancy shall 20 October 3, 2023 be posted prominently with the STR; the property owner shall ensure that all online listings and advertisements set forth the maximum number of guests. D. Parking A minimum of one (1) off-street parking space for each bedroom is required. No on-street parking shall be allowed. All parking shall be entirely on-site, in the garage, driveway or otherwise out of the road right-of-way. E. Designated Responsible Party All STRs shall have a contact available 24 hours a day to respond to any questions, complaints or other issues that may arise. The contact name and phone number shall be permanently posted on the outside of the rental unit in a prominent location at driveway entrance not to exceed 3 sq/ft. Any changes shall be promptly updated and reposted. F. Noise All STRs are subject to and shall comply with the noise regulations set forth within the Iredell County Code of Ordinances as enforced by the Iredell County Sherriff’s Office. G. Signage No signage is permissible that advertises the property as a STR. One on-site sign, not to exceed 3 sq/ft, is permissible identifying name of property. Notwithstanding the foregoing, this limitation does not include the required posting of contact information set forth in Paragraph E herein, which shall be in addition to the one on-site sign permitted by this Paragraph G. H. Events STRs shall not be advertised or used to hold special events. Any large gatherings that exceed the occupancy limits of the zoning permit including but not limited to weddings, parties, reunions or other large gatherings, are prohibited. The property owner shall not make the STR available to short-term rental guests for a period of less than overnight. I. Effective Date, expiration and/or revocation. In the event of a sale or other transfer of any Dwelling Unit for which a zoning permit has been issued for a STR, the permit shall automatically expire upon the conveyance and recordation of the deed. January 1, 2024, it shall be a violation of the Iredell County Land Development Code to operate a Short Term Rental without issuance of a zoning permit as set forth herein. Section 14.6.2 All Other Violations 21 October 3, 2023 A. The Administrator shall issue a Citation (by certified or registered mail to his last known address, by personal service, or by posting notice conspicuously on the property) giving seven (7) days to bring the violation into compliance and notifying that the penalty for the violation is $100. If the owner or occupant comes into compliance within the seven (7) days, a $100 penalty will be collected. If the owner or occupant fails to come into compliance or make satisfactory progress to correct the violations, a second Citation will be issued extending the deadline by another seven (7) days and assessing a penalty of $700 $100 for the previous seven (7) days. There will be a continued accrual of $100 per day for each day the violation continues thereafter. Further failure to come into compliance will result in the case being submitted to the County Attorney for enforcement and potential legal action. B. In any case of a Repeat Offender, where the same owner and same parcel are involved in the same violation (repeat offender), the Citation Process above will be utilized. A $100 minimum penalty will be collected. with the following penalties: for the first repeat offense, meaning the second offense at the property, the penalty for the violation shall be $200; all subsequent repeat violations shall utilize a penalty of $500. There will be a continued accrual of $500 per day for each day the violation continues thereafter. Definitions Dwelling Unit. A room or combination of rooms providing complete independent living facilities including permanent provisions for living, eating, sleeping, cooking, and sanitation. The term “dwelling” shall not be deemed to include a motel, hotel, bed & breakfast, travel trailer, or other structure designed for transient travel. A motel, hotel, bed & breakfast, travel trailer, or other structure designed for transient travel shall not b e deemed a “dwelling” as defined herein. Event Center. A public or privately owned structure or area used for the purposes of public performances, sporting events, private receptions or parties, or similar attractions. Repeat offender. A property owner who has 2 or more repeated violations for the same property and violation. Short term rental (vacation rental). A primary or accessory dwelling unit that is rented for personal use or vacation, leisure, or recreation purposes for periods 90 days or less. This can include whole house and partial house rental. ⁘ ⁘ ⁘ ⁘ ADMINISTRATIVE MATTERS  Request from the Sheriff's Office for approval to award the formal bid for a new Mobile Command Unit to Nomad GCS. 22 October 3, 2023  Request from Emergency Communications for approval of an Easement Agreement with the Town of Mooresville for an emergency services communications tower.  Request from Planning & Zoning for approval of the Bond and Operations & Maintenance Agreement for a wet detention pond at 144 McCrary Road.  Request from Planning & Development to consider calling for a public hearing on October 17, 2023 at 6:00 p.m. in regard to a text amendment to the Land Development Code.  Request from the Finance Department for approval of State Employee's Credit Union ATM renewal located at Government Center South.  Request from Iredell-Statesville Schools for approval of funds for the design of a new elementary school. The approval also includes Budget Amendment and Project Ordinance.  High School Athletic Stadium Upgrades Update.  Request from Clerk to the Board for approval of the minutes from the meeting on September 19, 2023. MOTION by Commissioner Stroud to approve the consent agenda. VOTING: Ayes – 5; Nays – 0 ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Board of Health - 1 announcement Child Fatality Prevention Team - 2 announcements Personnel Advisory Board - 3 announcements Recreation Advisory Board - 4 announcements Zoning Board of Adjustment - 2 announcements APPOINTMENTS TO BOARDS & COMMISSIONS Lake Norman Marine Commission - 1 appointment Billy Wilson volunteered to serve. Commissioner Houpe said Wilson has served on the commission before and would be helpful in serving again. MOTION by Commissioner Houpe to appoint Billy Wilson to the Lake Norman Marine Commission. VOTING: Ayes – 5; Nays – 0 UNFINISHED BUSINESS (None) 23 October 3, 2023 PUBLIC COMMENT PERIOD (None) COMMISSIONER COMMENTS & UPDATES Commissioner Brown invited to support the Luetenant Governor Mark Robinson will be at the local FOP on October 9, 2023 at 7pm. Commissioner Stroud said he had no agenda when deciding to seek office. He strives to serve the citizens of Iredell County to best of his knowledge and ability. Stroud said someone once told him if you walk out of a meeting and no one talks to him then he probably did the best he could do. The Board makes tough decisions. Commissioner Stroud expressed the importance of listening. The citizens also elect the legislators serving in Raleigh. Stroud said it is troubling that laws are passed without consulting anyone on the County level on what the impact would be. The legislators also voted on the composition of the local Board of Elections. Changing from a five- person board appointed by the people of Iredell County to a four member board appointed by the legislators. If a vote results in a tie the vote will be decided by the State board, which is now eight people and that can result in another tie. Stroud expressed concern over taking away control from the local people. He reminded the public that there are leaders who pay attention and listen to their constituents to do the best for the most with the least. Chair Neader asked the Senate Bill. Commissioner Stroud said it was House Bill 576 and Senate Roll Call 749. Commissioner Houpe echoed Commissioner Stroud’s comments. The goal is for citizens to do what they wish with their property without negativel y impacting their neighbors. Vice Chair Connolly said the STR ordinance, if passed, will go in effect in January 2024. Connolly said the Board of Education is a separate board. At their meeting last night, the Chairman stated they were not aware of the County Commissioners doing a school bond in 2019. Connolly presented a video from the meeting and a copy of the minutes from the August 27, 2019 referencing the motion to approve the resolution requesting the bond. Motion was made by Charles Kelly and seconded by current BoE Chairman Bill Howell. Connolly said the Commissioners take spending tax payer money very serious. Chair Neader thanked the Commissioners for the skillsets they bring to the table. NEW BUSINESS (None) COUNTY MANAGER’S REPORT County Manager Beth Mull gave an update on the following: 24 October 3, 2023  Voter registration for the November 7, 2023 municipal and Mooresville Graded Schools elections will end Friday, October 13, 2023 at 5pm.  The Board will have a joint dinner meeting with the Board of Health on Thursday, October 12, 2023 at 6pm at the Health Department.  The Board will host a workshop on Friday, October 13, 2023 from 9am – 2pm at Cooperative Extension. CLOSED SESSION The Board held a Closed Session prior to the regular meeting and there is one action item to report. MOTION by Commissioner Houpe to call for a public hearing on October 17, 2023 at 6pm regarding a maximum economic development incentive of $57,809 over a five-year period for Project Craft based on a $4,150,000 investment in the County. VOTING: Ayes – 5; Nays – 0 ADJOURNMENT MOTION by Commissioner Brown to recess at 8:52pm until Thursday, October 12, 2023 at 6pm for a joint dinner meeting with the Board of Heath at the Iredell County Health Department, 318 Turnersburg Highway. The next regular meeting is Tuesday, October 17, 2023 at 6pm in the Commissioners’ Meeting Room, Government Center, 200 South Center Street, Statesville, NC. VOTING Ayes – 5; Nays – 0 __________________________________ ___________________________________ Date Approved Amy B. Anderson, Clerk