HomeMy WebLinkAboutMay_3_2011_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
MAY 3, 2011
The Iredell County Board of Commissioners met on Tuesday, May 3, 2011, at 7:00
P.M., in the Iredell County Government Center (Commissioners' Meeting Room), 200 South
Center Street, Statesville, NC.
Board Members Present
Chairman Steve Johnson
Vice Chairman Marvin Norman
Renee Griffith
Frank Mitchell
Ken Robertson
Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy
County Manager Tracy Jackson, Assistant County Manager Ron Smith, Health Department
Director Donna Campbell and Nursing Director Susan Johnson, Parks & Recreation Director
Robert Woody, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Johnson
INVOCATION by Chairman Johnson
PLEDGE OF ALLEGIANCE
ADJUSTMENTS OF THE AGENDA: MOTION by Commissioner Griffith to approve
the agenda with the following adjustments.
Additions: Closed Session for Attorney -Client — G.S. 143-318.11 (a) (3)
Closed Session for Personnel — G.S. 143-318.11 (a) (6)
VOTING: Ayes — 5; Nays — 0.
PUBLIC HEARING
Chairman Johnson declared the meeting to be in a public hearing.
Consideration and/or Adoption of a Land Development Code (LDC) with an
Effective Date of July 1, 2011: Assistant County Manager Ron Smith said the Land
Development Code was a result of the 2030 Horizon Plan that focused on (1) agricultural uses
(2) agriculture as a part of the economy (3) municipal cooperation (4) natural resource
cooperation and (5) transportation issues. He said the 2030 plan offered over 100 suggestions
and many were incorporated into the new code. Smith the LDC was a unified development
ordinance, and it combined all of the county's development ordinances (zoning, subdivision,
watershed, airport hazard, erosion control and flooding). He said the primary changes were in
the zoning section of the LDC, and it had been determined that there were too many districts in
use. Smith said three districts were eliminated, but one new one was created (Agriculture
Conservation or AC district). He said the AC district would mainly apply to the northern end of
the county and north of the south Yadkin River. Smith said that if property were developed
adjacent to an AC district or a farm in the Enhanced Voluntary Farmland District, a separation
from the house and well had to occur from the working land. He said the AC district had a two
acre lot minimum area, but cluster development was included with requirements. (If water was
available the lots could be reduced down to 30,000 sq. ft. as long as residual land was preserved
as open space). Smith provided additional information about the LDC and some of it is as
follows:
Urban Service Area (USA) - In order to extend ETJ or adopt a municipal growth overlay the
property must be contained in a USA.
Watershed Overlay — There will be lower densities in critical and protected areas. In the critical
areas, there is a recommendation to raise the lot size from 25,000 sq. ft. (minimum) to 30,000.
The size for the protected areas will increase from 21,780 to 25,000 sq. ft. In regards to buffers
in the critical area, the 50 ft. buffer from the lake is also being recommended for perennial
streams.
Sims — In the past, sign size depended on the zoning district; however, in the LDC, there is a
proposal to approve signs by road type.
Commissioner Mitchell asked if 72 sq. ft. was the maximum sign size.
Smith said this was correct, but there were provisions for larger ones (multiple tenants or
something unusual such as America's Park). He said a comprehensive sign package could be
requested, and the developer would appear before the board of adjustment for approval.
Commissioner Mitchell said a realtor he had talked with was under the impression that
real estate signs could only be three square feet (18 x 24").
Smith said he didn't think real estate sign sizes had changed in the new code.
Commissioner Mitchell asked the current allowed real estate sign size for a residential
street.
Smith said it was three square feet, and it had probably been this size since the last zoning
amendment in 1998. He said there were no changes for the size in the LDC.
Chairman Johnson asked if sign sizes would be governed by roadway protection plans.
Smith said no. He said most development occurred along the major corridors or
numbered highways.
Landscaping: A photo was shown to illustrate the type of landscaping that was trying to be
achieved. No fences will be required, and there will be an effort to obtain a more natural look
rather than a "hard line."
Commissioner Griffith asked if the separation was only from a business and residential
area. She said many businesses were difficult to see from the highway due to the buffers.
Smith said this would be for a commercial property on one section and a residential area
on the other side.
Home Occupations: Restrictions have occurred due to an increase in these types of businesses.
Development Plan and Permit Process: Flow charts, with step-by-step directions, have been
included in the code to assist property owners.
Infrastructure and Design: Stormwater and hydrant criteria will be included in this section.
There is a proposal to reserve the rights of way for projects that are in the State Transportation
Improvement Plan, or within the Comprehensive Transportation Plan.
Commissioner Mitchell asked about a 60 foot right of way with 30 feet on each side. He
asked if there would be another 30 foot set back.
Smith said this was possible. He said certain roads had been pinpointed such as US 21
South, Hwy. 150, Amity Hill Road, Ostwalt Amity, Perth and Cornelius. Smith said the only
way additional roads could be added would be by board approval.
Mr. Smith then discussed access management standards, traffic impact analysis studies,
and fire safety and ISO implications. Smith said the staff would review major subdivision
applications to determine if they might have a negative impact on the fire district. He said water
supply, house size, and the adequacy of the roads would all be reviewed. Smith said the
developer would share a sketch plan with the subdivision administrator and fire marshal. He said
the fire marshal would probably consult with the fire chief, and before the plat was approved, all
of the standards would have to be met.
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Chairman Johnson said there was a three mile distance (water point source) used in the
first draft. He asked if this had been corrected.
Smith said yes. He said it was one and half miles to any house within the subdivision and
then three miles from the actual access to the water point.
Plannin¢ Board — Smith said there was a recommendation to reduce the planning board from 11
members to 9. He said a couple of members had recently resigned, and now would be an
opportune time to decrease the board's size.
Smith said an effective date of July 1 was being proposed for the LDC, and this would
allow developers with existing projects to get them finished.
Commissioner Mitchell mentioned a scenario where road frontage lots were sold to a
developer for a subdivision, and then a farmer bought the lots behind them. Mitchell asked what
the farmer could do if water wasn't available at the front of his land.
Smith said the board of adjustment could be approached for a variance. He said the
board of adjustment would look at the facts, and due to the farmer not being able to access water,
the variance would probably be viewed favorably.
Commissioner Robertson said the initial intent was to prevent individuals from
purchasing land adjacent to existing farms, and then telling the farmer that his land could not be
used.
Smith said, generally speaking, a well could be placed in the front yard.
Commissioner Mitchell said environmental health would tell the person where the septic
tank needed to be placed.
Commissioner Griffith asked the origin of the recommended 200 ft. separation.
Smith said this came from the Farmland Preservation Board.
Chairman Johnson said he thought there was a prohibition of spraying any herbicides or
pesticides within 200 feet of a well.
Commissioner Robertson said this also included fertilizer.
No one else desired to speak, and Chairman Johnson adjourned the hearing.
Commissioner Mitchell said he would make a motion to adopt the code with an
understanding the board members could bring anything back up at the next meeting, if needed.
MOTION by Commissioner Mitchell to adopt the Land Development Code effective
July 1, 2011.
VOTING: Ayes — 5; Nays — 0.
Request for Permission to Apply for $20,000 of Carolina Thread Trail Funding for
the Corridor Design of Section J of the Carolina Thread Trail Master Plan: Assistant
County Manager Ron Smith said work had started with the local municipalities on a master plan
for the Carolina Thread Trail. He said the county was eligible to submit a funding application to
design a two-mile trail from the end of Radio Road, through Fort Dobbs to the South Chipley
Ford Road. Smith said there was no obligation to build the trail once the design work had been
completed. He said the trail had $550,000.00, and no local match was needed.
Commissioner Griffith asked if the county was designating any county funds to complete
the trail or being obligated to anything by approving the request.
Smith said no. He said the only obligation would be staff time, if the consultant needed
information.
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MOTION by Vice Chairman Norman to approve the request to apply for the Carolina
Thread Trail Funding.
VOTING: Ayes — 5; Nays — 0.
Request for Approval of Budget Amendment #41 to Recognize Proceeds from the
Kim Gallyon Memorial Golf Tournament: Parks and Recreation Director Robert Woody
requested approval of a $3,888 budget amendment to recognize Kim Gallyon Memorial Golf
Tournament Proceeds.
Chairman Johnson asked if the proceeds would be divided equally between the four
quadrants.
Woody said the fund had been set aside for fundraisers, and the Recreation Advisory
Committee was allowed to ask the board of commissioners for permission to fund park projects
with the money.
MOTION by Vice Chairman Norman to approve Budget Amendment #41.
VOTING: Ayes — 5; Nays — 0.
Request for Approval of Budget Amendment #42 for $352,060 to Fund an Imaging
Project and Approval of Advanced Imaging Systems and One Source Document Solutions,
Inc., as the Vendors: Health Director Donna Campbell requested approval of a $352,060
budget amendment for an imaging project as well as approval of the vendors.
Nursing Director Susan Johnson said that due to an already established relationship with
the two vendors, approval for them to proceed with the project was being requested. She said
several months ago research began on the imaging project, and Advanced Imaging Systems
(AIS) and One Source Document Solutions had provided the best prices. Johnson said since
then, a small imaging project had been completed, and the staff had been satisfied. She said a
conversation with the county's purchasing agent revealed that if the vendors were approved by
the board of commissioners, a formal bid process was not necessary. She said the funding
would be from Medicaid Maximization funds which, historically, the department received each
year following an assessment by the state on the costs to provide Medicaid services. Johnson
said the state looked at the estimated cost to provide the services, along with the Medicaid
revenue, and then, the state paid the department sixty cents on the dollar. She said the funds
were placed in a special line item, and they had to be used for items relating to Medicaid
services. Johnson said the health department was already in the process of moving towards the
use of electronic medical records. She said this fall the staff would begin entering client data
into an electronic medical record, and in order to make this more efficient, there was a need to
convert current paper records into the same type of format for easy retrieval. Johnson said the
department currently had over 163,000 assigned patient numbers with approximately 80%
(130,400) having a paper record. She said that of those, 25,430 were in boxes at an archival
room in Mooresville, and these records were for patients who have not been seen in 10 years.
Johnson said this left 105,000 active files between Statesville and Mooresville, and the
department was proposing to scan the records with patient contact within the past seven years.
She said AIS would retrieve the records, and scan them at a Pineville, NC facility. Johnson said
next, the information would be downloaded and transferred to the health department's computer
server. She said AIS would retain a CD of the information in a controlled vault for backup, and
it was estimated that eight to ten months would be needed for the project. Johnson said
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Request for Approval of Budget Amendment #42 for $352,060 to Fund an Imaging
Project and Approval of Advanced Imaging Systems and One Source Document Solutions,
Inc., as the Vendors: Health Director Donna Campbell requested approval of a $352,060
budget amendment for an imaging project as well as approval of the vendors.
Nursing Director Susan Johnson said that due to an already established relationship with
the two vendors, approval for them to proceed with the project was being requested. She said
several months ago research began on the imaging project, and Advanced Imaging Systems
(AIS) and One Source Document Solutions had provided the best prices. Johnson said since
then, a small imaging project had been completed, and the staff had been satisfied. She said a
conversation with the county's purchasing agent revealed that if the vendors were approved by
the board of commissioners, a formal bid process was not necessary. She said the funding
would be from Medicaid Maximization funds which, historically, the department received each
year following an assessment by the state on the costs to provide Medicaid services. Johnson
said the state looked at the estimated cost to provide the services, along with the Medicaid
revenue, and then, the state paid the department sixty cents on the dollar. She said the funds
were placed in a special line item, and they had to be used for items relating to Medicaid
services. Johnson said the health department was already in the process of moving towards the
use of electronic medical records. She said this fall the staff would begin entering client data
into an electronic medical record, and in order to make this more efficient, there was a need to
convert current paper records into the same type of format for easy retrieval. Johnson said the
department currently had over 163,000 assigned patient numbers with approximately 80%
(130,400) having a paper record. She said that of those, 25,430 were in boxes at an archival
room in Mooresville, and these records were for patients who have not been seen in 10 years.
Johnson said this left 105,000 active files between Statesville and Mooresville, and the
department was proposing to scan the records with patient contact within the past seven years.
She said AIS would retrieve the records, and scan them at a Pineville, NC facility. Johnson said
next, the information would be downloaded and transferred to the health department's computer
server. She said AIS would retain a CD of the information in a controlled vault for backup, and
it was estimated that eight to ten months would be needed for the project. Johnson said
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Laserfiche was the software that would be used to access the imaged documents, and One Source
Document Solutions was the company proposed to provide the service.
Commissioner Robertson asked if original documents would be scanned, and if the
department knew about the finished product's quality.
Ms. Johnson said original documents would be used. She said the staff had toured the
facility and was pleased with the quality or legibility of the documents.
Commissioner Griffith asked if Laserfiche was the standard records software used in the
medical industry. She said this question was being asked due to the possibility that the company,
One Source Document Solutions, might someday close down. Griffith asked if the software was
compatible with what was provided by other companies for this type of service. She said if not,
the process might have to be started over with new software.
Ms. Johnson said Laserfiche was offered by other companies.
Vice Chairman Norman clarified that the department was not planning on receiving bids
for the $352,060 project.
Ms. Johnson said that if the board approved the two vendors, the department would not
be required to obtain quotes since there was an established relationship.
Norman asked when the department had received bids for the smaller imaging project.
Ms. Johnson said it had been about 18 months ago. She said it was felt these two
companies would provide the best price, and it was already known the software would interface
with the department's computers.
Norman questioned how the staff could be so sure that lower quotes could not be found.
Ms. Johnson said the staff did not know; however, there was a "comfort" level with the
two companies, plus it was known the product would work with the department's computer
system. Ms. Johnson said that if the board preferred, the staff could seek bids.
Commissioner Griffith questioned how the staff knew that a better price could not be
found especially in light of the fact that other companies could provide the same software that
interfaced with the health department's system.
Ms. Johnson said the same software could be provided, but it wasn't felt a better price
could be found.
Commissioner Griffith said this was an assumption. She asked if there were any federal
mandates requiring the department to transfer to electronic records.
Ms. Johnson said the health department provided limited Medicare services, but there
was a requirement for electronic records by 2014 for this segment of service.
Commissioner Mitchell asked how many companies might be able to provide bids.
Ms. Johnson said there would be a requirement to seek at least three bids for the imaging
component. She said some companies might be able to provide both the imaging and software.
Commissioner Mitchell asked the county manager if the purchasing agent or health
department would solicit for the bids.
County Manager Mashburn said the purchasing agent's office could assist in providing
the specifications and sending out the bids. He said once the bids were received, they would be
reviewed by the health department, and then referred to the board of commissioners for final
approval.
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Commissioner Robertson said it was easier to evaluate bids for some items, for example,
door knobs and widgets, but the health department's request involved a service. He said it was
understood why the staff chose to not bid out this type of service. Robertson said some vendors
went above the requirements.
Ms. Johnson said the AIS staff had guaranteed that if a record was in their Pineville
facility being scanned, and the health department needed information, that within one hour after
notification, the data would be faxed.
Commissioner Griffith mentioned the health department had not worked with any other
vendors so it was unknown about their responsiveness and quality of work.
Ms. Johnson acknowledged this was correct.
Commissioner Griffith asked if the health department had a staff person solely
responsible for the records.
Ms. Johnson said one person was primarily responsible for the medical records; however,
the individual had other duties. She said other personnel also worked in the medical records
section.
Attorney Pope asked if the imaged records could be sorted, as in separated out for
statistical purposes, e.g., revealing how many people died in 1999 from heart attacks in their left
ventricle.
Ms. Johnson said no; however, the records would be divided by clinics (family planning,
STD, maternal health) and indexed.
Chairman Johnson said that in some relationships, some businesses could begin to take
another agency's business for granted, especially if things were going well. He said prices could
easily be "padded."
Health Director Campbell said the two vendors had been used by several nearby counties,
such as, Mecklenburg, Rowan, Forsyth, Yadkin, Durham and Stanly. She said these counties
had reported good service.
Chairman Johnson asked if any of the counties had gone out for bids recently, and if so,
what was found.
Ms. Johnson said the bid amounts were unknown; however, they had to have been
favorable or they wouldn't have been chosen. She said the county's mapping department and the
Veterans Services Office had used AIS in the past.
Commissioner Mitchell asked if there was a timeframe for the use of the Medicaid Max
funding.
Ms. Johnson said no, but the older records needed to be processed before this fall.
OTION by Commissioner Mitchell to approve Budget Amendment #42 for $352,060
to fund the imaging project and to approve Advanced Imaging Systems and One Source
Document Systems Solutions, Inc., as the vendors for the project.
VOTING: Ayes — 2 (Mitchell and Robertson); Nays — 3
Chairman Johnson said the motion had failed, and the board was directing the health
department to bid the project.
Commissioner Robertson said the health staff should include their concerns in the bid
specifications.
Chairman Johnson said it shouldn't be perceived the commissioners were opposed to the
imaging project, rather it was being suggested that the bid process occur. He said after the bids
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were received, if the health department was still certain about the two vendors, even if they
didn't submit the lowest bid, consideration would be given to the staff s concerns.
Request from the Town of Mooresville for the Creation of a New Rescue Squad
District to be Bounded by the Mooresville Town Limits: Deputy County Manager Tracy
Jackson said the Town of Mooresville was requesting to create a new rescue squad district. He
said the Mooresville Fire Department and Town of Mooresville had been in negotiations with the
Mooresville Rescue Squad, and a written agreement for this type of service had been written. He
said the Mooresville Fire Department would assume the major rescue functions, and the
Mooresville Rescue Squad would provide any needed backup. He said this procedure was
different from the medical responder and the first responder program. Jackson said the fire
department was spread out more than the rescue squad, and this enabled a faster response. He
said the fire department would notify the rescue squad if additional assistance was needed.
Jackson then showed a map of the rescue squad district as proposed by the Town of Mooresville.
Commissioner Griffith read a portion of the agenda memo as follows: "No funding
changes are attached to this request. It has been agreed that the Town is not seeking funding
from the County as the result of the creation of the new rescue district. Also, no changes are
proposed to Mooresville Rescue Squad's funding as a result of the new district. " She asked if
this statement applied to this year only or was it a permanent arrangement.
Jackson said the funding would remain unchanged for this budget year, and it would
remain the same in next year's budget unless the county commissioners desired to change it. He
said that in future years, it would be up to the board of county commissioners.
Commissioner Griffith asked if Jackson felt the Mooresville Town rescue squad would
feel slighted by the county due to the other squads receiving funds.
Jackson said the rescue squad's funding would remain unchanged. He said the fire
department would be assuming a new district without any county funding.
Chairman Johnson said meetings had occurred with the Mooresville Fire Department and
the Mooresville Rescue Squad. He said Chief Greene, with the Mooresville Fire Department,
understood that if funds were diverted to him from the Mooresville Rescue Squad's funding, that
the squad would not be viable. Johnson said with this being understood, the Town's fire
department did not request any funding.
(Mooresville Fire Chief Wes Greene and Mooresville Rescue Squad Board Member
Jeff Baker attended the meeting but did not speak.)
OTION by Commissioner Robertson to create the new rescue squad district to be
bounded by the town limits of Mooresville.
VOTING: Ayes — 5; Nays — 0.
Request for Approval of the April 19, 2011 Minutes: MOTION by Commissioner
Griffith to approve the minutes as presented.
VOTING: Ayes — 5; Nays — 0.
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Carolinas Partnership (1 announcement)
Farmland Preservation Advisory Board (2 announcements)
Region F Aging Advisory Committee (2 announcements)
Mitchell Community College Board of Trustees (1 announcement)
Mooresville Planning Board (ETJ) (2 announcements)
Nursing Home Advisory Committee (1 announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Adult Care Community Advisory Committee (1 appointment): MOTION by
Commissioner Mitchell to table this appointment. VOTING: Ayes — 5; Nays — 0.
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Industrial Facilities & Pollution Control Financing Authority (2 appointments):
Vice Chairman Norman nominated Larry Rogers for a reappointment.
OTION by Chairman Johnson to appoint Rogers by acclamation and to table the
remaining appointment.
VOTING: Ayes — 5; Nays — 0.
COUNTY MANAGER'S REPORT: County Manager Mashburn said the proposed FY
12 budget would be distributed at the May 17 meeting. He said a public hearing would be held
on June 7 and adoption of the budget could occur on June 21. Mashburn then requested
finalization of budget review meeting dates, and the board agreed upon the following schedule.
CLOSED SESSION: Pursuant to G.S. 143-318.11 (a) (3) — Attome /Client, and G.S.
143-318.11 (a) (6) - Personnel, Chairman Johnson at 8:25 P.M. made a motio to enter into
closed session.
VOTING: Ayes — 5; Nays — 0.
(RETURN TO OPEN SESSION AT 8:45 P.M.)
ANNOUNCEMENT OF THE SELECTION OF A NEW COUNTY MANAGER:
OTION by Vice Chairman Norman to hire Ron Smith as the next Iredell County Manager.
VOTING: Ayes — 5; Nays — 0.
Chairman Johnson advised the media that additional details, on the selection of
Mr. Smith, would be provided the next day.
ADJOURNMENT: There being no further business to conduct, Commissioner Griffith
made a otion to adjourn the meeting. (Next meeting: Tuesday, May 17, 2011 at 7:00 p.m.,
Iredell County Government Center, 200 South Center Street, Statesville, NC.)
VOTING: Ayes — 5; Nays — 0.
Approval:
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Clerk to the Board
FY 12 BUDGET REVIEW SESSIONS
Time
Date
Location
6:30 P.M.
Tuesday, May 24
South Wing Conference Room
6:30 P.M.
Thursday, May 26
South Wing Conference Room
5:30 P.M.
Thursday, June 2
South Wing Conference Room
5:30 P.M.
Thursday, June 9 (if needed)
South Wing Conference Room
CLOSED SESSION: Pursuant to G.S. 143-318.11 (a) (3) — Attome /Client, and G.S.
143-318.11 (a) (6) - Personnel, Chairman Johnson at 8:25 P.M. made a motio to enter into
closed session.
VOTING: Ayes — 5; Nays — 0.
(RETURN TO OPEN SESSION AT 8:45 P.M.)
ANNOUNCEMENT OF THE SELECTION OF A NEW COUNTY MANAGER:
OTION by Vice Chairman Norman to hire Ron Smith as the next Iredell County Manager.
VOTING: Ayes — 5; Nays — 0.
Chairman Johnson advised the media that additional details, on the selection of
Mr. Smith, would be provided the next day.
ADJOURNMENT: There being no further business to conduct, Commissioner Griffith
made a otion to adjourn the meeting. (Next meeting: Tuesday, May 17, 2011 at 7:00 p.m.,
Iredell County Government Center, 200 South Center Street, Statesville, NC.)
VOTING: Ayes — 5; Nays — 0.
Approval:
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Clerk to the Board