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HomeMy WebLinkAboutApril 19 2016 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS PRE -AGENDA MINUTES April 19, 2016 The Iredell County Board of Commissioners met in pre -agenda session on Tuesday, April 19, 2016 at 5:30 PM, in the Iredell County Government Center (South Wing Conference Room), 200 South Center Street, Statesville, NC. Board Members Present Chairman James B. Mallory III Vice Chairman Marvin Norman Tommy Bowles Steve Johnson Ken Robertson Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County Manager Beth Jones, Finance Director Susan Robertson, Attorney Lisa Valdez, Assistant to the Manager Ben Stikeleather, Public Safety Director David Saleeby, and Clerk to the Board Retha Gaither. CALL TO ORDER: Chairman James Mallory called the meeting to order. ADJUSTMENTS TO THE AGENDA: County Manager Ron Smith said the adjustments are as follows: Add: Administrative Matters— Memo #14-A Request of a Utility Easement at Mooresville High School for Duke Power Changes: Administrative Matters — Memo #6 Update to the JCPC Funding Plan showing a recent allocation of $18,039 to a program. Memo #7 Update to the information for the CAD to include a sole source award to OSSI. Remove: New Business — Update on Construction Around the Outdoor Education Center. PUBLIC HEARINGS Public Hearing to Consider a Request from Justin Church to Rezone 1.65 Acres from RA to NB: Commissioner Tommy Bowles asked to clarify that Dollar General has a septic tank layout that is specific to them only which has been pre -approved by the State. He asked if a repair area was provided with this particular zoning. Planning Division Director Matthew Todd said an identified repair area is required. Dollar General has special legislation to allow the minimum system which is equal to a one -bedroom system. It is special and specific to Dollar General only. This request is for a straight rezoning. Although Dollar General is being discussed, the request is for a straight rezoning, which means there are other things that could be allowed. Commissioners Bowles asked if a site specific plan would be reviewed if the zoning request is granted. zoned. Todd said yes. There is a chance Dollar General can squeeze in on the portion that is already April 19, 2016 Chairman Mallory asked about the location of ancillary uses such as septic or a retention pond. He asked if it had to be solely on the appropriately zoned property. Todd said anything related to the building, parking, and landscaping must be on the area zoned. However, the septic repair area could be outside the zoned area. The ordinance doesn't specifically state where the septic is. Commercial septic and residential septic are the same. ADMINISTRATIVE MATTERS Request from the Finance Department for Approval of FY17 Juvenile Crime Prevention Council Funding Plan: Finance Director Susan Robertson said the Juvenile Crime Prevention Council met on March 8 to hear program requests for FYI state funding. This year the amount anticipated is $286,796 which JCPC voted to make appropriations to Appropriate Placement Options, Youth Development Initiatives, Juvenile Mediation Center, Barium Springs, and administration cost. There were $18,039 remaining that wasn't allocated, however, on Tuesday, April 12, JCPC voted to allocate those funds to the DASH Youth Mentoring program. This program is new to Iredell County but has been extremely successful in Charlotte/Mecklenburg. All JCPC referrals are children who have been involved or are in danger of being involved with the court system. DASH is unique in that the teen actually identifies someone in their life, such as a coach, teacher, or Pastor who would then complete training to help make a difference with the youth. This item was placed on the consent agenda. Request from ECOM to Update the Capital Projects for the New CAD System: ECOM Director Candy Strezinski said this request is to move up the CAD (Computer Aided Dispatch) portion of the capital improvement project in order to purchase and begin building the system. ECOM is requesting a sole source purchase through OSSI (One Solution Software now called Sungard Public Safety Solutions.). There are five CAD systems in Iredell County which were reviewed and this was the best solution for Iredell County because Mooresville is the backup location. Mooresville already has OSSI, which is one of the two largest vendors in North Carolina. The Sheriff s Office has had Spillman Technologies for about ten years and this CAD will be able to export data to the Spillman system. However, the Sheriff is considering a move to OSSI in the future. It will allow mobile data and a phone app that indicates where units are located. Commissioner Bowles asked if this would take place across EMS, rescue, fire, and Sheriff. Strezinski said the desire is to have one system to move toward interoperability throughout the entire county and move away from five different systems. Chairman Mallory clarified there would be no problems connecting the data to the Sheriff. Strezinski said that it would not integrate but there is a bridge. They will be able to use the MCTs (mobile computer terminals) in the vehicles for dispatch. They will retain their records management system as is, because this will be a dispatch tool, totally for communications. There will be a capability to send CAD to CAD calls to other counties. Currently seven surrounding counties use OSS 1. This means 911 calls are not transferred by phone, they are sent via computer. Chairman Mallory asked the location of other CAD systems. April 19, 2016 2 Strezinski said New World is being installed in Statesville. Southern software is in Troutman, but they are only using a small portion of it. OSSI is in Mooresville, the Sheriff's Office has Spillman and ECOM has ESI Intermatics. However, the ESI system is not reliable or user friendly. Currently, no one is being dispatched by CAD. Currently, it is being used to collect data which would change. Smith asked if this would allow silent dispatch. Silent dispatch would limit the call traffic which has been an issue. Strezinski said yes. Commissioner Bowles asked if end users would have to upgrade to use the new system. Strezinski said yes, they would have to upgrade to have interconnectivity and use dispatching. They would need to purchase terminals and the licensing product. Chairman Mallory asked about a timeline. Strezinski said she had asked the 911 Board for an extension because the County was reviewing the CAD connectivity which is the final piece. The 911 Board just needs to know a timeline from the County. Chairman Mallory would like to be assured that all potential users have been contacted and will be able to interact with this system. Strezinski said this system will intergrade with Firehouse. They fire departments are currently not using anything through communications other than PageGate and Fire Reporting which the system can integrate with both. Smith asked how a fire department would be dispatched if they chose not to use mobile data terminals. Strezinski said it would be the same procedure as currently being used. Smith said there is really no change in dispatch by changing to the CAD. Chairman Mallory clarified that this will not put anyone at a disadvantage relative to their current capabilities. Strezinski said that is correct. Vice Chairman Norman asked if this system is for current use or for the future. Strezinski said they would like to use some money from the current budget to purchase the software to begin the build out of units, nature codes and employees. Then the larger purchase would come after the budget is approved. Smith said this is a two part request. It has been built into the budget with anticipation, but can be removed if desired. Commissioner Johnson asked to clarify the statement about an extension of time. April 19, 2016 3 Strezinski said an extension request was necessary to eliminate any effect on funds. However, the extension has not been granted at the moment. A letter was submitted and they have asked for a timeline. Commissioner Johnson said part of the timeline is to move forward with this purchase in order to meet any time constraints they may impose. Strezinski said the legislative date is July 1 to have a backup solution in place or an approved plan with the means to do so. Commissioner Johnson asked if ECOM was satisfied that the purchase of this CAD system, at a minimum would have the same operability they currently have with the potential for enhancements later as other systems are integrated. Also, when the department has moved to the new center that all systems will be transferable to the new site and will operate effectively. Strezinski said absolutely. Commissioner Bowles clarified that approving this will take the County a step forward in emergency communications and therefore, the Board will need to be ready for individual fire departments requesting end user pieces. Also, he feels the Sheriff's Department will probably want to change from Spillman to this in order to interface efficiently. Chairman Mallory asked if the Board's approval of this would be met with general approval of those end users understanding the ultimate goal. Commissioner Bowles said the Communications Subcommittee talked about radios and many different systems, but all discussions centered around a CAD system. Strezinski concurred. Chairman Mallory asked how it works with VIPER (Voice Interoperability Plan for Emergency Responders). Commissioner Bowles said VIPER is the State radio system. Iredell County is going to offer everyone in Iredell County the basic VIPER platform. Other departments, in the south end of the County, feel they need to be part of the Charlotte Regional System which is UASI (Urban Areas Security Initiative) with a little more flexibility and operability. It is more expensive with yearly user fees, but it gives them more talk groups and more basic channels. It has been concluded that no more than two radio systems are sufficient. Strezinski said that currently there are more than two master systems being used which affects ECOM's equipment. Commissioner Bowles said the CAD is not replacing the radio system, it is going to enhance it. Strezinski said it will free up some talk time especially on the really busy talk groups with the Sheriff's Department for instance. Checking in and out can be done on the MCT and not over the radio. Commissioner Bowles said once the County approves this CAD System then it will be up to the individual fire departments to adjust their budgets to buy the end user equipment. April 19, 2016 4 Commission Robertson asked if this is a precursor to multiple requests from the fire departments. He asked if it could be absorbed over time with the current funding stream. Commissioner Bowles anticipates budget requests with the end user piece of the CAD, but not every department needs to go to it immediately. The departments with high volume calls would go to the CAD first and other would follow accordingly. Commissioner Robertson stated the one cent fire tax was implemented to provide equipment for the fire departments. Commissioner Bowles believes departments will look at their budgets and determine that the CAD is a priority over other equipment. This communication piece will help to provide better fire protection. He clarified that the current request is just the first piece and therefore end users will be adding this to their budgets. Smith said it is not a guarantee, but a new CAD system and the abilities of the CAD has been paramount in the concerns that Mooresville has had with talks of consolidation. If the consolidation does take place it will qualify Iredell County for more money. Commissioner Robertson clarified this would not raise the fire tax. He wants it to remain as is. Commissioner Johnson ask what if there is an estimate of cost for the equipment for the fire departments. Strezinski said it is $100 for the license and $600 for the dispatch piece per vehicle. The annual maintenance cost is estimated at $23. Commissioner Bowles said every rolling vehicle would not have to have this equipment. It may be just two or three trucks per department. Smith said the RMS (Records Management System) and JMS (Jail Management System) will be the largest cost. Cost estimates are being researched. Commissioner Johnson suggested to give some thought to implementing a policy for the fire departments to regulate and manage the amount of equipment they may request. This item was placed on the consent agenda. Request from ECOM for Approval to Enter into a MOU with Alexander County to Use Iredell County as E911 Backup: ECOM Candy Strezinski said this request is to enter into an agreement with Alexander County who has asked Iredell County to be their backup. It is the same agreement as was entered into with Wilkes County. This item was placed on the consent agenda. Request from the Finance Department for Adoption of a Resolution to Sell Scotts Creek Road Property: Purchasing and Contracts Manager Dean Lail said the Board approved the sale of Scotts Creek in September of 2015 but there were no responses. Other options have been investigated. The County cannot use a real estate agent to sell the property, but can use an agent to start the process for the upset bid process. The agent would release it on the MLS (Multiple Listing Service) to find an initial offer. That offer would come back to the Board for approval and April 19, 2016 then begin the upset bid process. Once that process is done the final prospect will be brought to the Board for approval. The upset bid process can be relatively long but most of the time is cut- and-dried with the first offer. Commissioner Bowles asked if the real estate agent is paid a flat fee. Lail said they are negotiating a 5 '/z % flat fee. Smith said a minimum sell price was set because the Scotts Creek Road revenue will factor into the development of Jennings Road Park. This item was placed on the consent agenda. Request from the Finance Department for Surplus Declaration and Authorization to Transfer Tactical Ballistic Vests to Wilkes County: Purchasing and Contracts Manager Dean Lail said the Sheriffs Office has several sets of tactical ballistics vests and helmets. They are out- of-date so they are not safely usable for Iredell County's force. The normal course of disposal is to deliver them to the landfill where they are crushed. However, the Wilkes County Sheriff s Office has requested to use them in a training capacity. Sheriff Campbell has agreed with this request. The County is allowed to do this by statute for a zero dollar amount with the stipulation that they will continue to be used in a public service capacity. Commissioner Robertson asked if replacements has been purchased. Lail said yes, they have been replaced. Commissioner Bowles asked why they are considered dangerous or unsafe. Lail said it would be dangerous in the hands of a criminal. Vice Chairman Norman asked if the County had any liability. Lail said no. Wilkes County takes full liability in possessing and using them. This item was placed on the consent agenda. Request from the Department of Social Services to Approve BA #31 to Recognize Additional Allocations in Several Programs: Social Services Director Yvette Smith said this request is to recognize some additional allocations that the agency received for four programs. BA#31 4/19/2016 To recognize additional grant revenue in the DSS department. Account# Current Budget Chane Amended Budget 104630 450016 Child Day Care (4,378,824) (94,268) (4,473,092) 104630 450010 Adult Day Care (66,305) (38,713) (105,018) 104630 450022 Crisis Intervention Program (413,460) (15,482) (428,942) 104630 450021 Low Income Home Energy (413,460) (12,224) (425,684) 105630 554601 Child Day Care 4,378,824 94,286 4,473,110 105630 554602 Adult Day Care 75,777 38,713 114,490 105630 554201 Crisis Intervention Program 413,459 15,482 428,941 105630 554210 Low Income Home Energy 413,459 12,224 425,683 This item was placed on the consent agenda. April 19, 2016 Request from the Parks and Recreation Department for Approval of the Comprehensive Recreation Master Plan Addendum: Parks and Recreation Assistant Director Michelle Hepler stated Parks and Recreation is seeking adoption of the Comprehensive Recreation Master Addendum. The original Plan was adopted in 2008. The adopted Master Plan and the Addendum to an existing plan is required for any project that is seeking grant funding from North Carolina Parks and Recreation Trust Fund. The Addendum includes an updated acknowledgement page, change of administration, a revised capital improvement plan, the addition of Scotts Rosenwald Park, the addition of Bigleaf Slopes Park, the deletion of the North Iredell Park property, an added section for the Troutman ESC Park, addition of Jennings Park with a conceptional site plan, an overall county map with added schools, survey data and public input meeting information. The last piece of information is the revised organizational structures for the Parks and Recreation Department and the Facility Services Department. (The Master Plan and Addendum is available in the Parks and Recreation Department.) This item was placed on the consent agenda. Request from Administration for Approval to Purchase .48 Acres at 433 South Meeting Street at a Cost of $215,000.00: County Manager Ron Smith said during a Closed Session on April 5, the Board discussed the possible purchase of a building at 433 South Meeting Street. The Board had given instructions for the County Manager to negotiate within a price range and the owner agreed to sell. Facilities Director Robert Woody and the County Manager will visit the building within the week for a final review. This building will provide needed office space for probations. This item was placed on the consent agenda. Request from Tax Administration to Approve Refunds and Releases: Everything was in order. This item was placed on the consent agenda. Request for Approval of the February 12, 13, and April 5 minutes: There were no changes or corrections. This item was placed on the consent agenda. Request from Administration to Approve a Utility Easement at the Mooresville High School Property for Duke Power: Assistant to the County Manager Ben Stikeleather stated this request is to approve an easement for Duke Power to create infrastructure changes for the construction project at Mooresville High School. Typically there is an easement on the outside of property when it is subdivided, however, this property was subdivided in 1927 and electricity wasn't a concern at that time. This is a time sensitive project for Duke Power to move forward with the construction project. This item was placed on the consent agenda. NEW BUSINESS April 19, 2016 7 Commissioner Ken Robertson shared some information about funding another study of the Red Line at a cost $478,000. The railroad denied such a project before and is still denying. He stated that if this subject comes up at the CRTPO meetings he will suggest the money be spent on something else. He feels it is a waste of money to spend nearly half of a million dollars on a study when Norfolk Southern has denied the use of their tracks. The Board agreed. UNFINISHED BUSINESS Freight Study Report: Assistant to the County Manager Ben Stikeleather said the cost has decreased from $5,000 to $3,150 but it is still just a plan. It will not have a tremendous impact but the benefit would show that Iredell County cares about logistics and shows industry that Iredell County is pro -transportation. Smith said it does fit into a larger state plan that is required. Chairman Mallory suggested to keep close coordination and clear communication on county issues. This item was placed on the consent agenda. BA#31.1 To appropriate funds required for participation in CCOG regional Freight Plan Study 4.19.2016 Account # Current Budget Chane Amended Budget 105475 564086 Economic Incentives 2,373,888 (3,150) 2,370,738 105475 564023 CCOG - Frcight Plan Study - 3,150 3,150 The Board recessed at 6:35 PM until 7:00 PM in the Commissioners' Meeting Room. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES April 19, 2016 The Iredell County Board of Commissioners met in regular session on Tuesday, April 19, 2016, at 7:00 PM, in the Iredell County Government Center (Commissioners' Meeting Room), 200 South Center Street, Statesville, NC. Board Members Present Chairman James B. Mallory III Vice Chairman Marvin Norman Tommy Bowles Steve Johnson Ken Robertson Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County Manager Beth Jones, Finance Director Susan Robertson, Attorney Lisa Valdez, Assistant to the Manager Ben Stikeleather, Public Safety Director David Saleeby, and Clerk to the Board Retha Gaither. April 19, 2016 CALL TO ORDER by Chairman Mallory. INVOCATION: Chairman James Mallory asked everyone to bow their heads for a moment of silence. PLEDGE OF ALLEGIANCE led by Scout Pressly Mattox of Troop #609 sponsored by First ARP Church. Troop leaders are Jim Mixson and Dennis Setzer. ADJUSTMENTS TO THE AGENDA: County Manager Ron Smith made the following adjustment: Add: Administrative Matters — Memo #14-A Request of a Utility Easement at Mooresville High School for Duke Power Remove: New Business — Update on Construction Around the Outdoor Education Center. OTIO by Commissioner Steve Johnson to approve the agenda as adjusted. VOTING: Ayes — 5; Nays — 0 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS (None) APPOINTMENTS BEFORE THE BOARD Request from Tammy Wilcox, Ted Nellis and Buddy Janveirn to Discuss Options for 289 Acres at 1028 Elmwood Road: Buddy Janveirn, Ted Nellis, and Tammy Wilcox of the Elmwood Community, addressed the Board to discuss issues of potential property owners turning the quiet neighborhood into something undesirable. Approximately 20 other Elmwood residents were in the audience. They expressed concerns such as the multiple times this property has been the subject of potential developers, dangers, dust, noise, traffic, and bad roads from the quarry. Other concerns included the loss of surrounding farms. The group brought this subject to the Board for suggestions and/or ideas to stop any further development. The Elmwood Community is researching the possibility of purchasing the property and maybe use a portion as a county park and are asking the Board for help. Chairman Mallory thanked the group for their diligence in protecting their neighborhood. Iredell County communities are unique with deep roots and rich history. Action would need to be taken, which is not currently before the Board, to do anything in the terms of rezoning. There is no reason to deviate from what previous boards have approved relative to the 2030 Horizon Plan. Commissioner Johnson reiterated that there was considerable discussion with the 2030 Horizon Plan in regard to this property. This particular parcel of property consumed more time in deliberation than many major thoroughfares in this county. One particular pre -agenda briefing was almost entirely consumed with the discussion of whether this property should be designated for commercial development in the 2030 Plan. Later that evening, this board, unanimously agreed that it should not in order to add some degree of protection to the Elmwood Community. He believes that with rail, Highway 70,1-85, I-40, and I-77, probably the best use of that property is something of some commercial nature. However, whatever kind of commercial use needs to be more than 25 jobs and two letters of intent. Currently there may be approximately $400,000 in the Park fund which is probably already obligated to the Jennings Road Park. He stated he would volunteer to April 19, 2016 meet and talk with the Elmwood Community but cautioned he was not giving any impression that a decision can be made. Commissioner Robertson agreed to meet with them as well. He feels the biggest issue is stopping the quarry and the second issue is stopping the threat of a quarry, which are two very different things. There are good track records for these things to be defeated in the public arena. On one hand, nothing that has been presented so far is likely to get traction. The only way to stop the threat or the possibility of what someone can do with another piece of property is to own it. That is not an easy solution. The Board cannot set a precedence that every time someone doesn't want property rezoned that the County Commissioners will alleviate the threat by buying the property. Also, as to how to stop the threat, he feels that buying the entire 289 acres will not happen in the short term. However, he feels the community is on the right track and the Board is empathetic with the community's plight. Chairman Mallory said Commissioner Johnson and Commissioner Robertson will make arrangements to meet with the community to discuss further. PUBLIC HEARINGS Public Hearing for the Consideration of an Economic Development Incentive for Project Mag: Mooresville -South Iredell Economic Development Director Robby Carney stated he was present on behalf of Nu Tech Systems, which a manufacturer of arc welding systems specializing in mig, tig, and plasma welding. It is headquartered in Chicago, IL. They have recently purchased a Canadian based operation called Mag -Power and plan to relocate that operation to Mooresville. No Tech's current plan includes the purchase of 302 Rolling Hill Road, which is a 40,000 sq. ft. facility as well as bring 15 full time positions paying average salaries in excess of $63,000 per year. The total investment of the facility purchase and machinery/equipment will exceed $3 million. Based on the Iredell County's incentive policy and on behalf of the MSIEDC, the request is an incentive package based on a $3 million investment, 80% of the increased tax value would be $12,240 per year for five years, totaling $61,200 in performance based incentives. Chairman Mallory opened the public hearing. No one from the audience wished to speak. Chairman Mallory closed the public hearing. OTIO by Commissioner Steve Johnson to approve an economic incentive of $61,200 over a five-year period on the company's investment of $3.1 million and contingent upon a contract being executed within 180 days. VOTING: Ayes — 5; Nays — 0 Public Hearing for the Consideration of an Economic Development Incentive for Project Dorado: Statesville Regional Development Rep John Marek stated this request is from a company who wishes to remain anonymous but are calling it Project Dorado. This company would like to move forward with tax grant incentives. It involves an existing Troutman based business that is looking to expand its operations but integrating some work that is currently outsourced. The projected investment is estimated at $6 million and the minimum of 20 new jobs will be created with a potential of up to 50 new jobs in three years. The average wage for these jobs will be April 19, 2016 10 significantly higher than the county average. The total incentive is $144,885 over a five-year period. Chairman Mallory opened the public hearing. No one from the audience wished to speak. Chairman Mallory closed the public hearing. MOTION by Commissioner Tommy Bowles to approve the economic incentive of $144,885 over a five-year period based on the company's investment of $6 million and contingent upon a contract being executive within 180 days. VOTING: Ayes — 5; Nays — 0 Public Hearing to consider a Request from Preston Cavenaugh to Rezone 12.13 Acres from RA to HB: Planning Director Matthew Todd said this request is 12.13 acres currently zoned RA and HB and proposing to be zoned to just HB. The back portion is RA while the front portion along River Highway is currently zoned HB. Staff supports this request based on the 2030 Horizon Plan calling for the area to be corridor commercial. The neighboring properties are also commercial. It is adjacent to the Mooresville Planning Area. Chairman Mallory opened the public hearing. No one from the audience wished to speak. Chairman Mallory closed the public hearing. MOTION by Commissioner Ken Robertson to recommend in favor of 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 it is in harmony with the area and it is adjacent to commercially zoned property. VOTING: Ayes — 5; Nays — 0 Public Hearing to Consider a Request from Justin Church to Rezone 1.65 Acres from RA to NB: Planning Director Matthew Todd said this is two parcels totaling 1.65 acres. It is split zoned between neighborhood business and RA. The back portion is currently RA. Staff supports this request as it is adjacent to a rural commercial node. A large portion of the two lots is currently zoned NB and potential impact should not exceed road capacity. The Planning Board recommended to deny this request, seven to zero. Chairman Mallory opened the public hearing. Several members of the audience had signed up to speak. Marty Koon, with Venture Properties, POB 843, Wilkesboro, NC, who is the representative of the company driving this request. This firm has been highly integrated with Iredell County for twenty plus years. They have invested in excess of $160 million ranging from extensive development at the North Point Complex to multiple hotels off I-77 to various Dollar General properties throughout the county. This request is a partial rezoning of .44 acres that would better serve customers, venders, and the neighborhood as a whole. During the Planning Board meeting April 19, 2016 11 there were three primary concerns — existing water flow, traffic, and protectionism. He addressed those issues by showing a power point and said the company's property will catch the run off from the residents to the north. They will ditch it to Highway 115 and they will create ditches that will take the water down the DOT right-of-way. They will provide an additional capacity to handle this flow by the virtue of having the swells and ditching system to funnel the water away. There was also a concern about traffic. The company is proposing one entry point with one lane coming in and two lanes going out. The Traffic impact is far below the capacity for the road. The issue of protectionism, he said the statutes of North Carolina provide that the purposes of land use classification and not restraint of trade or prevention of free market competition. The company is not a direct competitor of the convenience store that has a gas operation, prepared food operation, and a fee intact operation. There will be a minor crossover of products but that is not the business they are in at this proposed location. Commissioner Johnson asked to clarify the point of ingress and egress. Koon pointed it out on the map (Northwest corner of the lot) and stated there would be one lane in and two going out. Commissioner Robertson asked where the water run-off would go and about the septic system. Koon said the run-off would not be released at a pre -development rate because there is no regulation in place that requires it. They will construct the swells and ditches to collect the water from the neighboring properties into and down the right-of-way. Todd said the proposal will push all of the water up to the DOT right-of-way and will continue down Highway 115. There are no storm water regulations at the county level. Commissioner Johnson asked about the impervious area. Todd said this is a straight rezoning. Therefore, there have been no site plans, no impervious calculations and it is not in a watershed. If the company pursues and moves forward with a plan, then more information will develop. Also, this not conditional. The company cannot be held accountable for the site plan, driveway, etc. that was shared. It is a straight rezoning. Commissioner Johnson said all of that is a concern. Commissioner Robertson asked why it has to be rezoned to handle two pieces because the building is not on those pieces. Todd said the NB zoning that is there now was in the County -wide zoning in 1990. Anyone who wants to develop it would have to fit everything in the area that is zoned commercial. The septic can go beyond the zoned area as long as it stays on the lot. They want to add the land to give them more flexibility. Koon said they would have a better finished product for customers and venders with the extra land. Chairman Mallory asked if the company has had conversations with neighbors concerning water runoff. April 19, 2016 12 Koon said they had not. The development will not put additional quantities of water on the neighbors, they will actually be taking the neighbors water, merging it and discharging to the property owner on the south. Commissioner Bowles asked about a special exemption from the state for the on-site waste water. Koon said it is partially true. There is a pre-set certification level that is equivalent to a 2.5 bedroom house, which is the usage Dollar General demonstrated to the state. Commissioner Bowles asked about the repair area and if it can be put where the existing surface water is already flowing. Koon said probably not because of the soil condition, but there are other sections that can be used. The impervious area will be approximately 27,000 total square feet. Commissioner Robertson reiterated that if the rezoning passes the company could construct a Jiffy Lube if desired. Todd said any use allowed in NB can be constructed. Chairman Mallory asked what ability the Board would have to approve plans and conditions. Todd said at this moment it is a straight request. If the applicant wanted to withdraw and submit a conditional use applicant they could. Typically there are no conditions in NB districts because uses in NB are low intensity. Over the years the code has been drafted to have conditions in place to cut down on the need for conditional zoning which would be site plan specific. Neighbors (Bryan Shoemaker, Matt Williams, Kenny Shoemaker, Chris Sloan, Jane Williams) came forward to discuss their concerns and issues, such as water run-off with flooding, sewer, traffic, protectionism, does not fit in 2030 plan, Dollar General saturating the market, maintaining rural characteristics, large delivery trucks can't turn around, and lack of privacy. Chairman Mallory asked if Williams would be interested in discussing with the company specific issues with water run-off and possibly coming to some mutual agreement of how to remedy the situation. Commissioner Bowles asked how long the property is tied up if the proposal is denied. Todd said they have to wait 180 days if they withdrew the proposal, unless the Board of Commissioner felt a new proposal has significant changes then it is just as soon as a turn -around in meetings and meeting all the normal deadlines. If the Board denies the request, it will hold the company 24 months to submit the same request, and 12 months to request a different zoning change. Commissioner Robertson said there is always conflict when property is zoned one way that borders property zoned differently. Usually this Board tends to err on the side of the property owners' rights within the confines of the zoning regulations and also understanding that the adjacent property owners have rights too. A lot of the discussion has been if the request was a conditional zoning and it is not. He applauded the developer who could have said he wanted to put in an insurance office and then built something else. The developer has been honest and upfront April 19, 2016 13 the entire time. Although, the water issues will probably pose a problem, it is not the Board's roll to decide. The Planning Board was unanimous in denial and it would take something really compelling to overturn their decision. Commissioner Bowles believes Venture Properties is a good development company. Dollar General is a good corporate citizen, but when asked for a straight forward rezoning request, they have to weigh all things. He feels it is not the best interest to pass this request. Chairman Mallory said they give great weight to the Planning Board's recommendation. He doesn't believe he can support the request without some conditions to address the concerns of neighbors. Vice Chairman Norman stated it was time to make a motion to deny the request. Chairman Mallory closed the public hearing and asked for a motion. Commissioner Robertson asked if the property had already been purchased and if not is it conditional upon the rezoning. Koon said it is under contract and not conditional upon rezoning. Commissioner Robertson said the company bought this property for a business. He asked if there is a desire from the company for the Board to table it in order to do something else less restrictive or less invasive. Commissioner Johnson said the 2030 Plan was designed to help avoid conditional zoning as much as possible because of the enforcement problems associated with it. This is a straight rezoning. He expressed his concerns of how much water will run off 27,000 square feet of impervious area. The water will run wherever it wants and will create issues for someone. Koon said there isn't enough of a timeframe to consider withdrawal. Off the record, the company would offer, at their own cost with the grant of an easement, to re -grade and re -grass the back property of Mrs. Williams which would help with the water issues. However, that would be subject to the property owners granting such an easement. It is not a condition of the rezoning but publicly commits to help the property owner. Chairman Mallory asked Mrs. Williams if she would like to talk with the company and the vote can be delayed. Chairman Mallory recessed the Board at 8:55 PM for five minutes to allow the discussion. Chairman Mallory recalled the meeting back to order and inquired if the parties had agreed to continue the matter for two weeks or vote on it. what. Koon said they talked but the consensus is that the property owner doesn't want it no matter Williams said she wanted a vote now. MOTION by Vice Chairman to recommend a denial of the zoning map amendment and to advise that it is inconsistent with the Iredell County 2030 Horizon Plan. VOTING: Ayes — 5; Nays — 0 April 19, 2016 14 ADMINISTRATIVE MATTERS County Manager Ron Smith summarized the following items for the consent agenda: • Request from the Finance Department for approval of FY 17 Juvenile Crime Prevention Council Funding Plan. • Request from ECOM to update the capital projects plan for a new CAD System from OSSI. • Request from ECOM for approval to enter into a MOU with Alexander County to use Iredell County as E911 backup. • Request from the Finance Department for adoption of a resolution to sell Scotts Creek Road property. • Request from the Finance Department for surplus declaration and authorization to transfer tactical ballistic vests to Wilkes County. • Request from the Department of Social Services to approve budget amendment #31 to recognize additional allocations in several programs. • Request from the Parks and Recreation Department for approval of the Comprehensive Recreation Master Plan Addendum. • Request from Administration for approval to purchase .4$ acres at 433 South Meeting Street at a cost of $215,000. • Request from Tax Administration to approve refunds and releases. • Request for approval of the February 12, 13, and April 5 minutes. • Request from Administration to approve a utility easement at the Mooresville High School property for Duke Power. • The Board approved payment to Centralina Council of Governments for a freight study report which will require a budget amendment by staff. MOTION by Commissioner Steve Johnson to approve the consent agenda as presented. VOTING: Ayes — 5; Nays — 0 ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS (None) APPOINTMENTS TO BOARD AND COMMISSIONS I -CARE Board of Directors (2 Appointments) MOTION by Commissioner Ken Robertson to nominate Yvette Smith and Melissa Wike. VOTING: Ayes — 5; Nays — 0 No one wished to speak. UNFINISHED BUSINESS (None) PUBLIC COMMENT PERIOD NEW BUSINESS (None) April 19, 2016 15 COUNTY MANAGER'S REPORT County Manager Ron Smith stated that a letter, from the fire service, was submitted in support of reinstating 12 hour shifts for EMS to provide better back up. He stated a copy of that letter will be included in the budget packets as it goes along with a budget request. CLOSED SESSIONS Chairman Mallory recessed the Board into Closed Session at 9:05 PM. Chairman Mallory resumed open session at 10:08 PM. OTION by Commissioner Tommy Bowles to advance $587,125 to Cool Springs Volunteer Fire Department for the County's share of the Cool Springs Public Safety Complex. VOTING: Ayes — 5; Nays — 0 ADJOURNMENT OTIO by Commissioner Steve Johnson to adjourn at 10:10 PM. (The next meeting will be Tuesday, May 3, 2016, 7:00 PM, in the Commissioners' Meeting Room, Pre -Agenda Discussion at 5:30 PM in the South Wing Conference Room, Government Center, 200 South Center Street, Statesville, NC) VOTING: Ayes — 5; Nays — 0 Date Approved Retha C. Gaither, Clerk April 19, 2016 16 To advance $587,125 to Cool Springs VFD for the County's share of the Cool Springs Public BA#32 Safety Complex. Account# I Current Budget Chane Amended Budget 204880 499462 CWFTD - Appro Fund Bal. - Debt (265,000) (587,125) (852,125) 205525 520005 Cool Springs VFD 615,000 587,125 1,202,125 ADJOURNMENT OTIO by Commissioner Steve Johnson to adjourn at 10:10 PM. (The next meeting will be Tuesday, May 3, 2016, 7:00 PM, in the Commissioners' Meeting Room, Pre -Agenda Discussion at 5:30 PM in the South Wing Conference Room, Government Center, 200 South Center Street, Statesville, NC) VOTING: Ayes — 5; Nays — 0 Date Approved Retha C. Gaither, Clerk April 19, 2016 16