HomeMy WebLinkAbout9-4-2018 minutes
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September 4, 2018
IREDELL COUNTY BOARD OF COMMISSIONERS
PRE-AGENDA MINUTES
September 4, 2018
The Iredell County Board of Commissioners met in pre-agenda session on Tuesday,
September 4, 2018 at 5:00 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 Tommy Bowles
Gene Houpe
Jeff McNeely
Marvin Norman
Staff present: County Manager Beth Jones, Deputy County Manager Susan Robertson,
County Attorney Lisa Valdez, Finance Director Deb Alford, and Deputy Clerk to the Board Amy
Anderson.
CALL TO ORDER: Chairman James Mallory called the meeting to order.
ADJUSTMENTS TO THE AGENDA: There were no adjustments to the agenda.
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
Request from ECOM to recognize Iredell County employee Amanda Nguyen for her
heroic life saving efforts.
Resolution in memory of Bob Triplet, former employee of Solid Waste.
APPOINTMENTS BEFORE THE BOARD
(none)
ADMINISTRATIVE MATTERS
Request from Tax Assessor to submit the Uniform Schedules of Values: Deputy
County Manager Robertson recognized Tax Assessor Melia Miller and members of her staff: Laura
Hargett, Tara Riffle, Donna Whitley, and Andy Alexander. Robertson said staff is very thorough
in the process and insures that every property is assessed fairly and on the same playing field.
Robertson explained that 94,000 parcels were revalued in 2015. Twenty of those parcels appealed
to the Property Tax Commission. All of the appeals were found in the counties favor.
Vice Chairman Bowles asked about the appeal process.
Robertson said the Board of Equalization and Review reviews all the facts of the case and
the Tax Assessor recommends changes, if applicable. If no changes can be recommended, the
appeal then goes before the Property Tax Commission.
Commissioner Houpe said that Ms. Miller and her staff do a great job.
Chairman Mallory asked how this year will compare to other years concerning appeals.
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September 4, 2018
Miller said she has not looked at the appeals from 2007 or 2011 but would and let the board
know.
Chairman Mallory said the Tax Assessor’s staff goes through an exhaustive process to be
fair.
Miller said their goal is to be fair and equitable countywide. Miller explained the statuary
requirements for adopting the reval schedule and requested that the board accept the Uniform
Schedules of Value as submitted for review, approve public notice to be published in the local
newspaper on September 5, 2018, and conduct a public hearing regarding the schedule on October
2, 2018.
Commissioner McNeely complimented the Tax Assessor’s office on their hard work and
asked if the schedules could be emailed in the future rather than printing them as this may save
money.
Miller said the document is broken down into chapters and saved, but could be emailed.
Vice Chairman Bowles asked if anything can be done with triple net leases when the tenant
does not pay taxes. The land owner shows as delinquent even though the tenant is responsible for
paying the taxes.
Miller said no. Ownership is determined January 1.
Vice Chairman Bowles complimented Hargett on her professionalism and thanked her for
helping him recently with his parents’ estate.
Chairman Mallory thanked the office for the tremendous amount of work that goes into the
reval process. The County has experienced lots of growth and change in the real estate market.
Miller said by January 1, 2019 all parcels within the County will have been reviewed within
four years. Approximately 79,000 parcels have been personally reviewed or reviewed on
Pictometry.
Chairman Mallory asked when tax notices will be mailed.
Miller said February 1 or shortly thereafter.
Request from Planning & Development to consider calling for a public hearing on
September 18, 2018 in regard to text amendments to the Land Development Code : Planning
Director Matthew Todd said this change would allow the flood plain prevention ordinance to
become a more user friendly section. Currently, the ordinance is located throughout the Land
Development Code. Through this change, the ordinance would become an Appendix. State and
federal regulations are requiring certain changes, and some were local decisions. The Planning
Board voted unanimously to recommend approval. If approved the County will be consistent with
Mooresville and Troutman.
Vice Chairman Bowles asked about Statesville.
Todd said Statesville would still have some requirements that do not match the County.
Statesville’s requirements would be less restrictive. There are certain requirements to build in a
flood plain. The text amendment proposes a two-foot freeboard. As development increases the
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September 4, 2018
flood plain will get continue to increase. A stricter ordinance allows better flood insurance rates
for ones who choose to develop in the flood plain.
This item was placed on the consent agenda.
Request from Planning & Development to consider calling for a public hearing on
September 18, 2018 in regard to the adoption of new flood maps: Planning Director Matthew
Todd explained that Mecklenburg County amended their flood maps earlier in the year. The change
comes across into the County. There is a 1.2-acre tract that is now mapped as flood plain. The
property will be posted and the property owner will be notified.
This item was placed on the consent agenda.
Request from the Finance Department for approval of the North Iredell High School
and South Iredell High School Capital Project Ordinance: Finance Director Deb Alford said
Iredell Statesville Schools is requesting to amend this project ordinance so that it can be completed.
ISS has asked to appropriate additional income and transfer money, from lines that will no longer
have expenditures to construction, in order to finish out the projects. Interest and sales tax refunds
will be appropriated.
This item was placed on the consent agenda.
Iredell County, North Carolina
Amended Capital Project Ordinance
North Iredell & South Iredell High Schools
Be it Ordained by the Board of County Commissioners of Iredell County, North Carolina:
4/17/2018 9/4/2018 4/17/2018
Amended Amended Amended
North
Iredell Change
North
Iredell
South
Iredell Change
Section 1. Funds for this Capital Project Fund will be provided from the following sources.
General Obligation Bonds $8,802,500 - $8,802,500 $8,802,500 -
Premium on Bonds 776,155 776,155 776,155
Interest on Financing Proceeds - $182,799 182,799 - $54
Sales Tax Refunds - 209,661 209,661 - 183,402
Lottery Proceeds - - 184,901
Transfer from General Fund 100,000 100,000 383,841 3,347
Transfer from Cool Springs Capital Project - - 221,397 (3,500)
$9,678,655 $392,460 $10,071,115 $10,183,893 $368,203
Section 2. The following costs for school projects shall be paid by this fund.
Professional Fees - Architect, Management $628,000 $(10,000) $ 618,000 $ 628,000 $(30,000)
Testing, Permits, and Other Fees 70,000 (20,440) 49,560 90,000 (14,515)
Closing Costs 78,655 (3,480) 75,175 78,655 (3,480)
General Construction 8,532,000 378,085 8,910,085 9,017,238 353,828
Management Fee - 14,375 14,375 - 14,375
Contingency - - -
Furniture, Fixtures & Equipment 370,000 33,920 403,920 370,000 47,995
$9,678,655 $392,460 $10,071,115 $10,183,893 $368,203
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Section 3. This Capital Project Fund shall continue until the projects are complete.
Section 4. Transfers between line items shall only be made upon formal action by the Iredell -Statesville
Board of Education and such action shall be reported to the Iredell County Board of
Commissioners at its next regularly scheduled meeting.
Section 5.
Payments from this Capital Project Fund shall be authorized by the County Manager or her
designee.
This Capital Project Ordinance effective upon adoption this the ________ day of September, 2018.
Request from the Finance Department to call for a Public Hearing regarding the
issuance of not to exceed $9,000,000 of public finance authority education facilities revenue
bonds, Series 2018 for the benefit of Davidson Day School or an affiliate thereof: Finance
Director Deb Alford said that Davidson Day School is interested in purchasing some land. The
Internal Revenue Code requires that a Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA)
hearing. This allows tax favorable debt. The monies will be used to purchase a 17-acre tract of
land to be developed as an upper school campus of Davidson Day School or an affiliate thereof.
Vice Chairman Bowles stated Davidson Day School is a charter school and therefore the
County does not issue the bonds.
Alford explained that federal law states that private school facilities must be approved by
the elective legislative body of the governmental units that control the issuer of the bonds and have
jurisdiction over the area in which the facility is located. Neither the authority or the County will
have any liability whatsoever for the payment of principal or interest in the bonds. The bonds will
not affect the County’s debt ratio or legal debt limit.
Commissioner McNeely asked if the $9 million is only for the purchase of the land.
9/4/2018 4/17/2018 9/4/2018
Amended Amended Amended
South
Iredell Total Change Total
$8,802,500 $17,605,000 - $17,605,000
776,155 1,552,310 - 1,552,310
54 - $182,853 182,853
183,402 - 393,063 393,063
184,901 - 184,901 184,901
387,188 483,841 3,347 487,188
217,897 221,397 (3,500) 217,897
$10,552,096 $19,862,548 $760,663 $20,623,211
$ 598,000 $1,256,000 $(40,000) $1,216,000
75,485 160,000 (34,955) 125,045
75,175 157,310 (6,959) 150,351
9,371,066 17,549,238 731,913 18,281,151
14,375 - 28,750 28,750
- - - -
417,995 740,000 81,915 821,915
$10,552,096 $19,862,548 $760,663 $20,623,211
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September 4, 2018
Chairman Mallory said Mecklenburg County will have to go through the same process as
part of the property is located in that county.
Alford said a representative from Davidson Day School will be at the public hearing to
answer questions.
Chairman Mallory said he would like to know where the 17-acre tract is located on
Mecklenburg Highway.
This item was placed on the consent agenda.
Request from NCACC to submit legislative goals: County Manager Jones said there are
two goals being held over from the previous goals adopted.
1. More flexibility in establishing the Public System Calendar
2. Streamline regulations and sharing of best practices between public and charter
schools.
Jones explained there were two goals submitted by county departments:
1. Amendment to the NC Farm Act - Amendment 5, “Raw Milk Bill”. Request to overturn
the decision of allowing unpasteurized milk to be sold.
Robertson explained that the law allows raw milk to be labeled “not for human
consumption.” However, there are multiple farms in the Buncombe County area that advertise the
milk for online sales and it is clear that it is being used for human consumption. Public health and
Cooperative Extension have real concerns about the milk that is filled with bacteria and can create
havoc in children and adults.
Commissioner McNeely said the farm bill was getting contentious and at the last minute
language regarding the milk was added. He has no use for this part of the law as it is trouble waiting
to happen. This will create a black eye on the dairy industry when a child contracts listeria. He
said the language regarding milk needs to be removed.
Vice Commissioner Bowles agreed.
Commissioner Houpe said a resolution should be attached to the County’s legislative goals.
Commissioner McNeely said there was a NC Milk Commission in place until the early
1980s. He would like for the state to create said commission again to watch the interstate
commerce of supply and demand of milk. The commission also set the retail price of milk.
Commissioner McNeely said Polk County recently put out a resolution regarding the right
to farm. He asked County Attorney Lisa Valdez to look into the legalities of protecting against the
nuisance lawsuits.
Valdez said the voluntary Farmland Preservation Districts provides protection to farmers.
The County cannot force farmers to take advantage of the program. The program provides the
posting requirements for the farm so that potential buyers can see that the property is a farm. The
program may need to be reintroduced. Farming has fairly substantial protection from a zoning
aspect because of the bona fide farm exemptions.
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September 4, 2018
Chairman Mallory said is there a way to put potential buyers on notice and explain what
agricultural zoning means.
Valdez said nine out of 10 buyers do not look at the zoning of a property.
Commissioner McNeely said he would like buyers sign a document agreeing that farming
is going around their proposed property and that they will not sue.
Valdez said that is something that should be implemented at the state level.
Vice Chairman Bowles asked how something like that could be handled.
Valdez said that it would be a layer added into a title search.
Commissioner McNeely would like something submitted to NCACC to encourage the state
to act.
Valdez said farms can operate outside residential agricultural zoning.
Todd said farming is exempt from zoning.
Vice Chairman Bowles said something would have to be done before the closing to make
potential buyers aware.
Chairman McNeely said property owners should possibly have the choice to zone their
property farming or residential. This would allow people to know where potential farms or
subdivisions will be located.
Valdez said a property owner could decide on residential and decide to start a farm the next
day no matter the zoning. Then the adjoining property owners could potentially be upset, as they
were under the impression that the property was residential.
Vice Chairman Bowles said the Farmland Preservation Program is a safe way to handle the
situation. He asked the best way to encourage farmers to participate and the downside of the
program.
Todd explained there are 17,000 acres in the Counties’ Farmland Preservation Program but
owners can withdraw from the program. Anytime a subdivision is located within a half mile of a
Farmland Preservation District there is a statement on the plat regarding the noise and smells 24
hours a day.
Valdez said that if the program was taken advantage of, and used, it would address the
concerns the board is speaking of. The statement on a plat does put some type of notice, but it is
only on the plat if the farm is in a Farmland Preservation District.
Commissioner Norman said that farmers need to be educated on the program.
Vice Chairman Bowles asked if the County has the authority to put something in the closing
documents to require buyers to initial.
Valdez said she would have to look at ordinance closer and whether or not the Board can
amend the program to make it a requirement and put all attorneys on notice. Alexander County
requires certain documentation on a deed if the property is in a flood plain. That requirement has
been challenged because there was nothing done to implement it. The ideal place to make buyers
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September 4, 2018
aware would be in real estate disclosures that a realtor is required to do, similar to mineral rights.
This would allow the disclosure to be a part of the contract.
Chairman Mallory said the disclosure should be a recommendation made to NCACC.
Commissioner McNeely asked Valdez to craft a document the board may review the next
meeting.
Chairman Mallory asked how the dairyman’s association feels about the raw milk bill.
Commissioner McNeely said they do not like the bill.
Chairman Mallory suggested that local farmers show that they are not in favor of the bill.
This will allow the Board to show the NCACC how farmers truly feel.
Commissioner McNeely said he would contact the local Farm Bureau. There is no Iredell
County Dairy Association. The state dairy association is opposed to the bill.
Commissioner Houpe asked that someone from the Farm Bureau speak at the next meeting,
during the public comment period, to show their support of the Board submitting a resolution to
the NCACC.
Commissioner McNeely said he would ask the Farm Bureau for something in writing to
submit in favor of not having raw milk available.
Commissioner McNeely also said now is the time to voice the concern of the Department
of Social Services. Iredell County has a good DSS and does not need to combine with another
capacity. The parameters need to be changed.
Vice Chairman Bowles agreed.
Commissioner Houpe agreed. The County must protect its people. The County has a good
DSS.
Commissioner McNeely said DSS should not be rated by the court system and child
placement.
Commissioner Houpe said if the County sits back and allows the state to regionalize
departments, tax dollars will be redistributed and there will be a landfall of multiple county
departments.
Commissioner McNeely stated increasing lottery funds for construction of schools should
be a goal.
Commissioner Houpe said funds should be increased to the number proposed when it was
passed.
County Manager Jones said the Health Department submitted the following goal. Session
Law 2018-114 (HB374) requires local health departments to accept reports from licensed
professionals (licensed soil scientist and licensed geologists) without further review. If a licensed
soil scientist does the leg work for a septic tank and submit the report to Environmental Health
(EH), the Health Department must sign off on the report. There is no field verification done, but
Environmental Health is on the hook by approving the permit. She explained that there is a great
concern on the County signing blindly.
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September 4, 2018
Deputy County Manager Robertson said soil scientists are required to have liability
insurance but there is nothing in the law that requires the scientists to provide a Certificate of
Insurance to the Health Department.
County Attorney Valdez said there is no requirement that the insurance is in place for a
certain time period.
Vice Chairman Bowles said if the soil scientist goes out of business the County remains on
the hook.
County Attorney Valdez said the state agency prefers that the regulation be similar to
Engineered Option Permits (EOP). This would allow the soil scientist to provide the evaluation,
but the County does not issue the permit, per say. The County gives permission and approval to
the scientist which would remove the County’s liability.
Commissioner Norman said this issue needs to be addressed.
County Manager Jones recapped the legislative goals that staff would fine tune and bring
back to the board at the September 18, 2018 meeting.
1. More Flexibility in establishing the Public School System Calendar.
2. Streamline regulations and sharing of best practices between public and charter schools.
3. Submit additional disclosures in real estate disclosures regarding farms in the area.
4. Department of Social Services be removed from the requirement of the MoA agreement.
5. Session Law 2018-114 (HB374) Section 11C, Licensed soil scientist.
6. NC Farm Act – Amendment 5, “Raw Milk Bill.”
7. Increase lottery funds for construction of schools and restoring the percentage of funds
back to what was proposed when approved.
This item was tabled until September 18, 2018.
Request from the Clerk to the Board to approve minutes from meetings on August
21, 2018: There were no comments or corrections.
This item was placed on the consent agenda.
NEW BUSINESS
(none)
COUNTY MANAGER’S REPORT
County Manager Jones congratulated Strategic Planning and Communications Manager
Ben Stikeleather on being selected as Currituck County’s Assistant County Manager.
Jones informed the Board that ISS needs to reschedule the groundbreaking to Thursday,
October 18, 2018. Woodland Heights at 10 am and Third Creek at 1 pm. The board asked that an
email be sent out with the new date and times.
Jones reminded everyone that the Iredell County Agricultural is now going on until
Saturday, September 8, 2018.
The Board went into Closed Session at 6:12 PM.
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September 4, 2018
The Board recessed at 6:58 until the 7:00 regular meeting.
IREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
September 4, 2018
The Iredell County Board of Commissioners met in regular session on Tuesday, September
4, 2018, 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 Tommy Bowles
Gene Houpe
Jeff McNeely
Marvin Norman
Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County
Manager Susan Robertson, and Deputy Clerk to the Board Amy Anderson.
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 Chairman Mallory.
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
Request from ECOM to recognize Iredell County employee Amanda Nguyen for her
heroic life saving efforts: Iredell County 911 Director Candy Strezinski introduced Bill Jeter.
Jeter explained that on August 7, 2018 Iredell County employee Amanda Nguyen, while
off duty, performed heroic acts that resulted in saving a small 8-year-old child who, while playing
in a pool, found himself in distress. She observed the child struggling and then go under the water.
Between waves he did not resurface. Amanda quickly made her way to the child and pulled him
up from under the water. Since she could not lift him up the ladder and he was unable to pull
himself out of the water she then pulled him out of the pool. She further realized he was still not
responding appropriately and appeared to need additional medical attention. Amanda found the
camp leaders and camp nurse, who had escorted the group to the waterpark, and they took him to
be checked at a medical facility.
Nguyen has received recognition for over five (5) life saves in the last year by providing
CPR instructions while on duty, but to take action as she did, speaks directly to her personal
character and true passion for the lifesaving career she has chosen.
Chairman Mallory thanked Ms. Nguyen for her dedication to saving lives and not hesitating
to take action.
Resolution in memory of Bob Triplet, former employee of Solid Waste:
MOTION by Commissioner Houpe to approve the following resolution.
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September 4, 2018
VOTING: Ayes – 5; Nays – 0
Resolution In Memory
of
Robert “Bob” Scott Triplet
WHEREAS, it is with the deepest regret that the Iredell County Board of Commissioners acknowledges the
death of Robert “Bob” Scott Triplet on Sunday, August 5, 2018; and
WHEREAS, Bob was employed at the West Iredell Transfer Station. He had been with the County since
2005 in the Solid Waste Department as groundskeeper, site operator and recycling technician; and
WHEREAS, Bob was a dedicated loving husband, father, and grandfather. He was a very faithful Christian
man who went to the Holy Land twice as a missionary to build schools and work with children; and
WHEREAS, Bob was born and raised in Mooresville, NC. He attended Mooresville High School and starred
in baseball and track. He hit the longest homerun ever at North Iredell’s old ball field. He opened the first gym in
Mooresville in 1982; and
WHEREAS, Bob never met a stranger. He was a great communicator and quick to pick up other languages
such as Spanish, German and Farsi. He had a great sense of humor and loved a joke to the point of inventing an alter
ego just to make people laugh.
NOW, THEREFORE BE IT RESOLVED that the Iredell County Board of Commissioners hereby
memorializes Robert “Bob” Triplet for his dedication and support to Iredell County government and for his life and
memory that will be sorely missed but highly cherished and revered.
* * * * *
ADJUSTMENTS TO THE AGENDA
There were no adjustments to the agenda.
APPOINTMENTS BEFORE THE BOARD
(None)
PUBLIC HEARINGS
(None)
ADMINISTRATIVE MATTERS
County Manager Beth Jones summarized the following items that were placed on the
consent agenda:
Request from Planning & Development to consider calling for a Public Hearing on
September 18, 2018 in regard to text amendments to the Land Development Code.
Request from Planning & Development to consider call for a public hearing in regard to
the adoption of new flood maps.
Request from the Finance Department for approval of the North Iredell High School and
South Iredell High School Capital Project Ordinance.
Request from the Finance Department to call for a public hearing regarding the issuance of
not to exceed $9,000,000 of public finance authority educational facilities revenue bonds,
Series 2018 for the benefit of Davidson Day School or an affiliate thereof.
Request from the Clerk to the Board for approval of minutes from the meeting on August
21, 2018.
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September 4, 2018
MOTION by Commissioner Norman to approve the consent agenda.
VOTING: Ayes – 5; Nays – 0
Request from the Tax Assessor to submit the Uniform Schedules of Values: Tax
Assessor Melia Miller said all real property is assessed every four years. The 2019 reappraisal is
in progress. Real property staff appraisers continue to analyze sells and finalize reviews. The
effective date of the appraisal is January 1, 2019. Development, submittal, public notice, and
adoption of the Uniform Schedules of Values is required. There are two schedules. One is used for
appraising property at market value and one is be used for appraising property at present use value.
Once adopted the schedules will be used uniformly and equitable from 2019-2022. The request is
for the board to accept the proposed Uniform Schedules of Values, Standards, and Rules for
Market Value and Present Use Value, as submitted, to be used in the 2019 reappraisal. Second,
approve the required public notice of submittal for publishing on September 5, 2018. Third,
conduct a public hearing on the proposed schedules on October 2, 2018.
Commissioner Houpe thanked the Tax Assessor’s office on the hundreds of hours of hard
work.
MOTION by Commissioner Houpe to accept the proposed Uniform Schedules of Values,
Standards, and Rules for market value and present use value that are to be used for the 2019
reappraisal as submitted for review. Approve the required notice of submittal and public hearing
for publishing on September 5, 2018 and conduct a public hearing on October 2, 2018 regarding
the proposed schedules.
VOTING: Ayes – 5; Nays – 0
UNFINISHED BUSINESS
(None)
NEW BUSINESS
Commissioner McNeely announced that the Board has concluded their search for the next
Clerk to the Board. Amy Anderson has accepted the position. Current Clerk to the Board Retha
Gaither will retire in late October. The board is looking forward to working with Ms. Anderson.
Chairman Mallory said the Board is excited that Ms. Anderson has accepted the position.
The search for the new Clerk to the Board was competitive with over 260 applicants.
Commissioner Houpe thanked all the applicants who applied, the search committ ee, and
staff. Ms. Anderson was selected over a very qualified group of people and there was another great
qualified internal applicant.
COUNTY MANAGER’S REPORT
County Manager Jones reported on the following items:
Congratulations to Strategic Planning and Communications Manager Ben Stikeleather on
being selected as Currituck County’s Assistant County Manager.
ISS needs to reschedule the groundbreaking to Thursday, October 18, 2018. Woodland
Heights at 10 am and Third Creek at 1 pm. The board asked that an email be sent out with
the new date and times.
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September 4, 2018
The Iredell County Agricultural is now going on until Saturday, September 8, 2018.
CLOSED SESSIONS
There was a Closed Session item discussed after pre-agenda meeting.
ADJOURN
MOTION by Commissioner McNeely to adjourn at 7:25 PM. The next regular meeting
will be Tuesday, September 18, 2018, 5:00 PM, in the South Wing Conference Room, Government
Center, 200 South Center Street, Statesville, NC.
VOTING: Ayes – 5; Nays – 0
__________________________________ ___________________________________
Date Approved Amy B. Anderson, Deputy Clerk