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HomeMy WebLinkAbout12-18-2018 1 December 18, 2018 IREDELL COUNTY BOARD OF COMMISSIONERS PRE-AGENDA MINUTES December 18, 2018 The Iredell County Board of Commissioners met in pre-agenda session on Tuesday, December 18, 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, County Attorney Lisa Valdez, Deputy County Manager Susan Robertson, Assistant County Manager Joseph Pierce, Finance Director Debra Cheek, and Clerk to the Board Amy Anderson. CALL TO ORDER: Chairman James Mallory called the meeting to order. ADJUSTMENTS TO THE AGENDA: County Manager Beth Jones made the following adjustments: Remove: VIII.3 Request from the Iredell County Rescue Squad, Inc. for approval and assistance to apply for a grant from the NC Department of Insurance, Office of the State Fire Marshall. Add: Closed Session, Property Acquisition G.S. 143-318.11(a) (5) Clarification: VII.1 Public Hearing for the consideration of an economic development incentive for Project Donut. The public hearing will be opened to see if anyone wishes to speak regarding. The public hearing will be closed without rendering decision because the item is not ready for board action. PUBLIC HEARINGS Public hearing for the consideration of an economic development incentive for Project Donut Public hearing for the consideration of an economic development incentive for Project Pronto Public hearing to consider a request from Rob Downing to rezone approximately .451 acres along Alexander Acres Road from Single-Family Residential (R-2) to Highway Business (HB) Public hearing to consider a request for expansion of an existing non-confirming use by land owner Jeff Benfield and applicant Danny Lippard, Jr. of Benfield Sanitation Services at 282 Scotts Creek Road ADMINISTRATIVE MATTERS Request from Partners Behavioral Health Management to allocate current law enforcement funds to be used at Impact Health of Iredell and the Crisis Recovery Center, in 2 December 18, 2018 the amount of $115,000 as the local match for a Mental Health Assistance Program: Jeff Eads explained the request is not for additional funds. The request is to realign current allocated funds to serve as a local match for a grant. System of Care Manager Jamie Sells said the grant was written specifically for Iredell County and the funds will be used to develop a Mental Health Assistance Program (MhAP) for when a law enforcement officer encounters an individual with a mental health crisis or substance abuse problem, they can route them into the MhAP. This program will utilize the Crisis Recovery Center on Signal Hill Extension Road as a drop off center. The facility will be staffed 24/7 and target only Iredell County law enforcement. A peer engagement program will also be started. This will allow staff to engage and follow up with anyone who enters the program, for up to one year, to ensure they stay connected to treatment. The same will be done with anyone discharged from the jail to hopefully prevent re-arrests. Staff will monitor medication and treatment. The goal to see less individual mental health and substance abuse problems in the criminal justice system. The program will also have a specific emphasis on veterans in the area. Chairman Mallory said the program is a great opportunity to address a significant issue. Between 70-80% of inmates have either a substance abuse issue or mental health issue. Trying to address the underlining issues is where money will be saved in the long run. Chairman Mallory asked if the program will engage with local judges so that it becomes a part of the sentence or probation to require participation. Sells said that she recently met with the Sheriff and other law enforcement representatives. The program will be voluntary in the beginning. There will be a law enforcement and behavioral partnership. The option of required participation will be discussed. Chairman Mallory said ideally the participants will be in the program while they are receptive to change. The program could also be a part of pre-trial conditions. Vice Chairman Bowles asked if this program will help relieve the law enforcement from standing by during an involuntary commitment. Sells said the program will eliminate officers from having to stand by a voluntary commitment for hours at a time, sometimes days. The facility will be open 24/7 for law enforcement to drop off individuals. The officers do not have to sit and wait, allowing officers to return to the road where they need to be. There will be times the officers may have to come back but it will be limited. Daymark has offered to do some transportation as long as someone is not a danger to themselves. Law enforcement will be called for anyone who is a real threat. Commissioner Norman asked if there is a backup plan should the facility be full. Sells said there will be three recliners in one room and that may not be enough. There is not a lot of extra space at the Crisis Recovery Center and that could be an issue as the program grows. There is extra space at Impact Health Iredell but that is not a good fit for the program. Chairman Mallory asked how much space is between the recliners. Sells said there is some space between them and individuals will not be unattended. This item was placed on consent. Request from the Health Department for approval of Budget Amendment #21 for the Bright Ideas Grant funding in the amount of $16,176: Acting Health Director Susan Johnson 3 December 18, 2018 explained this grant will be used to replace a cargo trailer that houses the Department’s emergency supplies. The supplies are for shelters and can also be used for a mass dispensing. Vice Chairman Bowles asked what would happen to the old trailer. Johnson said the trailer will go to surplus and maybe another county department may be able to use it. Jones said the trailer could possibly be housed at Vehicle Services and readily available for all departments. This item was placed on consent. BA#21 To allocate Emergency Preparedness Bright Ideas state grant revenues and expenditures 12/18/2018 Account # Current Budget Change Amended Budget 10491514 440003 45151 BT Bright Ideas Grant - (16,175) (16,175) 10915141 535018 45151 Printing - 1,450 1,450 10915141 650000 45151 Vehicles & Trailers - 14,725 14,725 Request from the Iredell County Rescue Squad, Inc. for approval to purchase new equipment: EMS Director Blair Richey said the request will allow Iredell County Rescue Squad to purchase a stair chair, carbon monoxide monitor, and monitor. Stair chairs are used to move patients down stairs. The detectors will ensure that firefighters, as well as patients, are not exposed to too much carbon monoxide. The monitor will be a smaller version of the one that EMS is currently using. The other monitor can be used to monitor heart rhythm and oxygen. Chairman Mallory asked the success rate of the Department of Insurance grants. Iredell County Rescue Squad representative said most of the grant money this year went to the eastern part of the state due to all the damage in the area. This item was placed on consent. Request from Tax Administration for approval of November Refunds and Releases: This item was placed on consent. Presentation by Administration on the Iredell County Main Public Library Environmental Mitigation Project: Project Manager David Saleeby said at the October 15, 2018 meeting, staff and representatives from the NC Department of Environmental Quality presented an updated on the Iredell County Main Library Mitigation plan and budget. The State’s scope was to assess the environmental conditions of the Library through testing and evaluating the site. Staff presented steps to mitigate the environmental issue and reopen the first floor of the Library building. At that meeting, the Board asked staff to present a budget based on actual bids. Saleeby presented the following bids: Bid One: Prepare public area for Retro $74,000 Retro-Coat (product) $66,929 Application $38,012 3rd party inspections $8,000 Floor covering (carpet, vct and base) $42,100 Hard tile floors $14,895 4 December 18, 2018 Carpet, vct, and base) $19,555 (for administration portion) FFE – library staff $11,500 Move children’s activity area $12,000 Contingency $15,000 Total: $301,991 Bid Two: Prepare public area for Retro $74,000 Retro-Coat (product) $66,929 Application $38,012 3rd party inspections $8,000 Floor covering (carpet, vct and base) $42,100 Hard tile floors $14,895 Carpet, vct, and base) $19,555 (for administration portion) FFE – library staff $11,500 Move children’s activity area (alt. bid) $19,500 Contingency $15,000 Total: $309,491 Retro-Coat is the only product that provides protection from vapors. A sole-source purchase is requested. Saleeby explained that bid one includes the County’s Facility Services, part-time labor, and materials for moving the children’s area. Bid two includes the alternate bid for moving the children’s area. The alternate bid is from the same company that will conduct all the major work. The company would return and work to move the children’s area (plumbing, electrical, drywall, and painting). Jones explained that some of the original furniture was built in and most was torn out when everything had to be taken out to get down to the exposed floors. Facility Services is taxed with some major departmental moves that are coming with the Public Safety Complex and the Recreation Center. It will be a while before Facility Services can get to the Library. Library staff has been very gracious and patient, as well as the public. The public has asked when the area will be utilized again. Jones recommended, for expediency, that the Board move forward with bid two and contract everything out, turn-key, with a total of $309,491. The funds are earmarked in the CIP. Commissioner Houpe said bid one would essentially cost the same amount once staff time is considered. Commissioner Norman asked when the project would be complete. Saleeby said two months for the public section and another month for the administration section. Work would start in January. Vice Chairman Bowles said facility services is extremely busy right now. Commissioner Norman asked if the Library will be required to close during the project. Saleeby said no. Contractors will work at night and some weekends. Patrons of and Library staff may hear noise from the work. There will be no smells. Jones reminded the Board that this project is erring on the side of caution. This item will be presented at the 7pm meeting. Request from Clerk to the Board for approval of minutes from the meeting on December 18, 2018: There were no corrections. 5 December 18, 2018 This item was placed on consent. ANNOUNCEMENTS OF BOARDS & COMMISSIONS APPOINTMENTS TO BOARDS & COMMISSIONS Charlotte Regional Partnership (1 appointment): Larry Schaeffer has volunteered to serve again. Board of Health (2 appointments): Robert F. Bundy, Jr. and Suzanne Hansen Corwin have volunteered to serve for the first time. Vice Chairman Bowles explained the two members coming off the Board of Health had served their term limit. One appointment is a physician and the other is an at-large citizen appointment. The two applicants have been recommended by the two members exiting the board. Recreation Advisory Board (2 appointments): Rob Jackson and Daryl Tilley have volunteered to serve again. Transportation Advisory Board (1 appointment): Sara Lewis has volunteered to serve again. Zoning Board of Adjustment (3 appointments): Tim Johnson, Bill Brater, and Jon Madison (alternate) have volunteered to serve again. Andy Webster has volunteered to serve the first time. Chairman Mallory asked if there are term limits for the Board of Adjustment. Jones said no. Chairman Mallory said if there is a vacancy Mr. Webster can appointed out of cycle. Commissioner McNeely said in the case of a vacancy, the alternates should be asked if they would like to move into the vacant seat. Mr. Webster could be appointed as an alternate COUNTY MANANGERS REPORT County Manager’s report will be given at the 7:00PM meeting. The Board moved into Closed Session at 5:48PM. The Board moved from Closed Session to the regular session at 7:00PM. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES December 18, 2018 The Iredell County Board of Commissioners met in regular session on Tuesday, December 18, 2018 at 7:00 PM, in the South Wing Conference Room of the Iredell County Government Center, 200 South Center Street, Statesville, NC. Board Members Present Chairman James B. Mallory III 6 December 18, 2018 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, Assistant County Manager Joseph Pierce, Finance Director Debra Cheek, and Clerk to the Board Amy Anderson. CALL TO ORDER by Chairman Mallory. INVOCATION: Chairman Mallory asked everyone to bow their heads for a moment of silence. PLEDGE OF ALLEGIANCE led by Chairman Mallory ADJUSTMENTS TO THE AGENDA County Manager Beth Jones made the following adjustments: Remove: VIII.3 Request from the Iredell County Rescue Squad, Inc. for approval and assistance to apply for a grant from the NC Department of Insurance, Office of the State Fire Marshall. Add: Closed Session, Property Acquisition G.S. 143-318.11(a) (5) Clarification: VII.1 Public Hearing for the consideration of an economic development incentive for Project Donut. The public hearing will be opened to see if anyone wishes to speak regarding. The public hearing will then be closed without rendering decision because the item is not ready for board action. MOTION by Commissioner Houpe to approve the agenda as adjusted. VOTING: Ayes – 5; Nays – 0 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Recognition and presentation of plaque for retiree Steve Messick: Chairman Mallory said Messick is true son of soil, having grown up in Olin and a graduate of North Iredell High School. He attended Mitchell Community College before graduating from UNC-Charlotte in 1976. He began working in the Public Library of Charlotte that same year. In 1985, he left the library to earn a Master’s Degree in Library Science from the University of South Carolina. Upon graduation, he moved to Florence to gain experience in library administration. In 1996, he was named director of the Iredell County Library. The current library is part due to the vision Messick had of what a library can do. The Library is world class for a county of this size. Chairman Mallory expressed appreciation to Messick for his dedicated service to the County. Messick said it was a great honor to serve in the Library he visited while growing up. He also expressed appreciation to the entire Board and county staff, especially of the Library. APPOINTMENTS BEFORE THE BOARD 7 December 18, 2018 Presentation by Bryan Duncan, Executive Director, I-CARE, Inc. for the annual Community Services Block Grant Anti-Poverty Plan: Executive Director Bryan Duncan explained the plan represents year two of a three-year anti-poverty plan. The focus will continue to be areas that include lack of education, unemployment, underemployment, lack of knowledge of resources and lack of transportation. I-CARE was successful in the last year. Nineteen families rose above poverty guidelines with an average change of income of $6,300. I-CARE prides itself in reducing the dependence on public assistance, which was reduced by 31%. Twenty-six people obtained employment, eight obtained better employment, 10 gained employment with medical benefits. The average wage rate was $10.26 per hour. Thirty people completed education and training programs. Four secured standard housing. Emergency assistance was provided to 26 individuals. I-CARE participant Patrick Clyburn said the program changed his life for the better. He enrolled after being laid off from his job. I-CARE guided him through a plan for employment and secured a job with Engineered Sintered Components (ESC). Clyburn expressed his appreciation to I-CARE for taking their time to help him and provide a better place for his family. Shelton Moore said ESC praises Clyburn’s work ethic. Moore said staff are working with local employers to learn the significance of earning minimum wage. Employers have been open minded thus far. Chairman Mallory expressed appreciation for Clyburn sharing his successful story with I- CARE. PUBLIC HEARINGS Public Hearing for the consideration of an economic development incentive for Project Donut: Chairman Mallory opened the public hearing. Chairman Mallory closed the public hearing. Public Hearing for the consideration of an economic development incentive for Project Pronto: Chris Younger, Iredell County Economic Development explained that Project Pronto plans to extend and update their current manufacturing facility, located in Moor esville. Project Pronto is FibreWorks Composites. FibreWorks Composites has operated in Mooresville for several years and has completed several expansions, growing in over 50 employee. They design and manufacture high performance, high-quality composite structures and serve the motorsports, OEM solar, and aerospace industries. The plan is to add 13,000 square-feet to their current facility. The expansion will allow the addition of new production machinery and engineering space for their growing workforce. This project is anticipated to generate 26 new full time positions, $4,150,000 in new tax investment over the next five years. The request is for an incentive to be granted to FibreWorks Composites aka Project Pronto, in the amount of up to $15,000 per year for five years totally not to exceed $75,000. Fibreworks Composites Chief Operating Officer Joe Hofmann thanked the Board for their consideration. The company is currently invested in the motorsport industry and have some lofty 8 December 18, 2018 goals. Fibreworks is an engineering tech company. The investment will set the company apart from anyone in the composite industry in the east coast. Chairman Mallory opened the public hearing. No one wished to speak. Chairman Mallory closed the public hearing. MOTION by Commissioner McNeely to approve an economic incentive up to $75,000 over a five-year period based on the company’s investment of $4,150,000 in contingent upon a contract being executed within 180 days. VOTING: Ayes – 5; Nays – 0 Public hearing to consider a request from Rob Downing to rezone approximately .451 acres along Alexander Acres Road from Single-Family Residential (R-2) to Highway Business (HB): Planning Director Matthew Todd said the Town of Mooresville released the property back to the County based on the applicant’s request. The applicant owns a mini-storage facility adjacent to the property. The applicant is not sure how the property will be used, but if setbacks are met, it can be utilized. Planning staff supports the request and Planning Board voted 9-0 to recommend in favor of the rezoning request. There has been no opposition to the request. Chairman Mallory opened the public hearing. Property owner and applicant Rob Downing was available to answer questions. Chairman Mallory closed the public hearing. MOTION by Vice Chairman Bowles to approve the zoning map amendment, and to make a finding that the approval is consistent with the adopted 2030 Horizon Plan and that said approval is reasonable and in the public interest and furthers the goals of the 2030 Horizon Plan because, the parcel is adjacent to a Rural Commercial node as designated by the 2030 Horizon Plan, it adjoins commercially zoned property, and the additional acreage will result in maintained watershed regulation compliance. VOTING: Ayes – 5; Nays – 0 Iredell County PLANNING & DEVELOPMENT PLANNING STAFF REPORT REZONING CASE # 1812-1 STAFF PROJECT CONTACT: Leslie Meadows EXPLANATION OF THE REQUEST This is a request to rezone approximately .451 acres along Alexander Acres Road from Single -family Residential (R-2) to Highway Business (HB). This is a straight request resulting from a Town of Mooresville release of planning and zoning jurisdiction. The property will become part of the landowner’s existing commercial use. OWNER/APPLICANT OWNER/APPLICANT: William Robert Downing, KC Mini Storage PROPERTY INFORMATION 9 December 18, 2018 LOCATION: Adjoining 109 Alexander Acres Road; more specifically identified as PIN 4677464929.000. DIRECTIONS: Take Interstate-77 South and NC Hwy 115 South to NC-115/US-21 in Coddle Creek. Turn left onto NC-150 East to Alexander Acres Road. Make a right onto Alexander Acres Road and the parcel will be on the left, adjoining KC Mini Storage. SURROUNDING LAND USE: Surrounding properties to the north and east, along Oakridge Farm Highway, are zoned commercially for Highway Business, Neighborhood Business, and General Business. Properties to the south and to the west are residential in nature. SIZE: The acreage to be rezoned is approximately 0.451 acres. EXISTING LAND USE: The vacant parcel is less than .5 acre in size, and is intended to be combined with the existing mini-storage operation on the adjoining lot. ZONING HISTORY: The property, when incorporated into the Town of Mooresville’s ETJ, was designated residential R-2. However, adjoining KC Mini Storage properties to the north were rezoned from RA to HB and HB-CD, in September 2016 and January 2006 respectively, by the County. OTHER JURISDICTIONAL INFORMATION: This property was recently released from Mooresville’s planning jurisdiction, on October 1st, 2018. Mooresville’s staff recommendation regarding the request is attached. OTHER SITE CHARACTERISTICS: The majority of the property is located in the WS-II-Balance of Watershed Area of the Coddle Creek Watershed and will have limited built-upon area for new development under the Non- Residential Low Density Option; 70% (10/70 Rule), 12% after 10 used. The property is not located in a flood zone. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: There is no available NCDOT AADT traffic count data for secondary roads, such as Alexander Acres Road. However, the parcel in question is too small for development, and is intended to be combined with the existing mini-storage operation and left vacant to fulfill watershed restriction requirements. Thus, no significant increase in traffic impacts are expected. SCHOOLS: This is a commercial rezoning and should have no implications on local schools. EMERGENCY SERVICES: This proposal has been reviewed by the Iredell County Fire Marshal’s Office and Iredell County EMS. Neither office addressed any concerns regarding the request. UTILITIES: This site is currently served by well and septic. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant must provide a site plan to the Planning Division for review to develop the property. Zoning requirements such as parking, landscaping, and buffering will be reviewed at such time. Erosion & sedimentation control standards will also be reviewed for compliance. STATE: Other than building code, there should be no formal state agency review at this time. FEDERAL: None at this time. STAFF AND BOARD COMMENTS STAFF COMMENTS: The 2030 Horizon Plan does not currently include this property, as it was just recently released from Mooresville’s zoning jurisdiction on October 1 st, 2018. The adjoining parcels are commercially zoned and the 2030 Horizon plan calls for Rural Commercial and Residential Agricultural uses to continue in this area. Rural Commercial areas include existing commercial uses or areas intended for future commercial use that are located along major roadways in rural areas; intended to remain rural in character and will not be serviced by public or private water and sanitary sewer systems. Land uses appropriate within Rural 10 December 18, 2018 Commercial areas include supporting farm services, small -scale commercial uses such as small markets, convenience stores, small neighborhood service businesses, restaurants, churches, and institutional uses. Provisions under NC General Statute 160A-360(f1) allows the County a period of 60 days to assign and adopt zoning and development regulations upon properties of relinquished jurisdiction from a municipality. Thus, due to Mooresville’s recent release of jurisdiction, the County must assign zoning designation upon this property in a timely manner. The Planning staff can support the proposed rezoning request based on the following: The property is adjacent to a Rural Commercial node as designated by the 2030 Horizon Plan, it adjoins commercially zoned property, and the additional acreage will result in maintained watershed regulation compliance. SITE REVIEW COMMITTEE: Raymond Burnette visited the site with staff on Nov.16, 2018. PLANNING BOARD ACTION: On December 5, 2018, the Planning Board held a public meeting to hear the rezoning request. No one spoke in opposition to the request. The board voted 9-0 to recommend in favor of the rezoning. Public hearing to consider a request for expansion of an existing non-conforming use by land-owner Jeff Benfield and applicant Danny Lippard, Jr. of Benfield Sanitation Services at 282 Scotts Creek Road: Planning Director Matthew Todd said the business on the property is considered a legal-conforming business. The business was there prior to county-wide zoning in 1990. The proposed site plan includes five existing buildings, a proposed rebuilt main garage/office building, and an additional outside storage area. The request will bring the property in compliance with zoning regulations. The new building will move further away from the property line than the old existing building. The Iredell County Zoning Ordinance allows non-conforming uses to expand based upon the consideration of criteria outlined below: a. The enlargement will not cause substantial harm to the adjoining property owners. b. The enlargement will not result in traffic increases beyond the capacity of the roads serving said use. c. The enlargement will not result in emission of smoke, fumes, noise, odor, or dust which will be detrimental to the character of the district or to the health, safety, or general welfare of the community. d. The enlargement will maintain all minimum setbacks and buffer requirements of the use district in which said use would be permitted. Chairman Mallory opened the public hearing. Applicant Danny Lippard thanked the Board for their consideration and was available to answer any questions. Commissioner Houpe said this is an example of staff working with existing business. This company has been a great asset to the County for years. The company suffered a fire and this request will allow them to rebuild and better serve the area. Commissioner McNeely said the request is prudent. Chairman Mallory closed the public hearing. MOTION by Commissioner Houpe Motion to approve the request for expansion of the non-conforming use and to advise that it meets the criteria of Non-Conforming Uses, Section 15.4, of the Iredell County Land Development Code. VOTING: Ayes – 5; Nays – 0 11 December 18, 2018 Iredell County PLANNING AND DEVELOPMENT PLANNING STAFF REPORT Expansion of Non-Conforming Use Benfield Sanitation Services (BSS) STAFF PROJECT CONTACT: Leslie Meadows EXPLANATION OF THE REQUEST Legal non-conforming uses are allowed to expand per approval by the Iredell County Board of Commissioners. This is a request to allow an expansion of an existing non-conforming commercial business within a Residential-Agricultural District per the submitted site plan. The proposed site plan includes five existing buildings, a proposed rebuilt main garage/office building, and an additional outside storage area. OWNER/APPLICANT OWNER: Jeffrey Wayne Benfield APPLICANT: Danny Lippard, Jr. PROPERTY INFORMATION LOCATION: 282 Scotts Creek Road, Benfield Sanitation Services, more specifically PIN 4726734686 DIRECTIONS: Heading north on NC Hwy 115/N. Center Street, turn left onto Scotts Creek Road, and BSS is approximately one mile on right. SURROUNDING LAND USE: Residential development in all directions, with a few larger parcels of vacant land in agricultural use. SIZE: 20.75 Acres EXISTING LAND USE: There is an existing commercial sanitation services business on the property. ZONING HISTORY: The property has been Residential Agricultural (RA) since countywide zoning in 1990. The legal non-conforming BSS building/business has been in existence since 1985, prior to surrounding residential development. The long-standing operation suffered major damages when their main building caught fire in August of 2018. TRAFFIC: The closest traffic count is near the intersection of Scotts Creek Road and NC -115/Old Wilkesboro Road and had a traffic count of 4,300 vehicles per day in 2016. According to the Comprehensive Transportation Plan 2008 Study Report for Iredell County, the capacity for this section of Scotts Creek Road is approximately 11,000 vehicles per day through the year 2030. REQUIREMENTS The Iredell County Zoning Ordinance allows non-conforming uses to expand based upon the consideration of criteria outlined below: e. The enlargement will NOT cause substantial harm to the adjoining property owners. f. The enlargement will NOT result in traffic increases beyond the capacity of the roads serving said use. g. The enlargement will NOT result in emission of smoke, fumes, noise, odor, or dust which will be detrimental to the character of the district or to the health, safety, or general welfare of the community. 12 December 18, 2018 h. The enlargement will maintain all minimum setbacks and buffer requirements of the use district in which said use would be permitted. Section 15.4 of the Iredell County Land Development Code provides the above -referenced criteria that must be considered for an applicant to expand a non-conforming use. All aspects may be evaluated in light of location of the property and the submitted site plan showing the existing facilities and expansion. STAFF AND BOARD COMMENTS STAFF COMMENTS: Staff is recommending in favor of the request an d feels that based upon the submitted site plan and history of the operation that an expansion would not negatively impact adjoining residential properties and meets all criteria for an expansion of a non-conforming use. In fact, the footprint of the new building will better comply with the RA zoning dimensional/setback requirements. The expansion of a non - conforming use is preferred to a rezoning request for avoidance of potential spot zoning. Any future expansions would need to be evaluated by the Board. If approval for expansion of the non-conforming use is granted, it is noted that the applicant must still submit a commercial site plan for Planning Department review, before development can begin on the property. Zoning requirements such as parking, landscaping, and buffering/screening will be reviewed at such time. Erosion and sedimentation control standards must also be reviewed for compliance. SITE REVIEW COMMITTEE: A site visit was performed by staff on November 28, 2018. PLANNING BOARD ACTION: On December 5, 2018, the Planning Board held a public meeting to hear the request. No one spoke in opposition to the request. The board voted 9 -0 to recommend in favor of the Expansion of a Non-Conforming Use. ADMINISTRATIVE MATTERS County Manager Beth Jones summarized the items that were placed on the consent agenda as follows:  Request from Partners Behavioral Health Management to allocate current law enforcement funds to be used at Impact Health of Iredell and the Crisis Recovery Center, in the amount of $115,000 as the local match for a Mental Health Assistance (MhAP) Program. This is a new program. Partners received a five-year grant totaling $1.5 million specifically for Iredell County. The funds will be used to create a center, not only for an involuntary commitment center, but also will work with local agencies, faith based communities, and veterans to find a good follow up program for the individuals suffering from mental health issues and substance use issues.  Request from the Health Department for approval of Budget Amendment #21 for the Bright Ideas Grant funding in the amount of $16,176.  Request from the Iredell County Rescue Squad, Inc., for approval to purchase new equipment.  Request from Tax Administration for approval of November Refunds and Releases.  Presentation by Administration on the Iredell County Main Publi c Library Environmental Mitigation Project.  Request from Clerk to the Board for approval of minutes from the meeting on December 18, 2018. MOTION by Commissioner Norman to approve the consent agenda. VOTING: Ayes – 5; Nays – 0 13 December 18, 2018 VIII.6 Presentation by Administration on the Iredell County Main Public Library Environmental Mitigation Project: Project Manager David Saleeby said at the October 15, 2018 meeting, staff and representatives from the NC Department of Environmental Quality presented an updated on the Iredell County Main Library Mitigation plan and budget. The State’s scope was to assess the environmental conditions of the Library through testing and evaluating the site. Staff presented steps to mitigate the environmental issue and reopen the first floor of the Library building. At that meeting, the Board asked staff to present a budget based on actual bids. Saleeby presented the following bids: Bid One: Prepare public area for Retro $74,000 Retro-Coat (product) $66,929 Application $38,012 3rd party inspections $8,000 Floor covering (carpet, vct and base) $42,100 Hard tile floors $14,895 Carpet, vct, and base) $19,555 (for administration portion) FFE – library staff $11,500 Move children’s activity area $12,000 Contingency $15,000 Total: $301,991 Bid Two: Prepare public area for Retro $74,000 Retro-Coat (product) $66,929 Application $38,012 3rd party inspections $8,000 Floor covering (carpet, vct and base) $42,100 Hard tile floors $14,895 Carpet, vct, and base) $19,555 (for administration portion) FFE – library staff $11,500 Move children’s activity area (alt. bid) $19,500 Contingency $15,000 Total: $309,491 Retro-Coat is a specialized product and the only one that provides protection from vapors therefore, a sole source purchase. Third party inspectors are requested since the County has never done any type of testing of supervision of this type application. Part of the Furniture, fixtures, and equipment (FFE) is the cabinetry that was taken out so the concrete would be exposed. Although the levels were still safe, the children’s area was located in the highest level of the soil vapors because that area was in proximity of where a dry cleaner was located. Staff was previously asked to expand the scope and move the children’s area to an area where there were no vapors. There is an alternate bid for doing such. The bid includes moving the area, a small kitchenette, and come walls. Then putting the area back together as a whole. With that, staff expanded the vapor barrier application. Which totals 13,025 feet of vapor barrier application material. Saleeby explained there were two bidders for the construction and moving of the children’ activity area. Three bidders for the application of the vapor barrier product. Commissioner McNeely originally thought this was an exorbitant amount of money. Once going in the building and looking at the project this is a necessity to make the Library functional. By moving the children’s area to the place where there were never any vapors at all, everyone should feel comfortable by visiting the Library. At this time, the Facility Services Department is stretched thin with current moves. Bid two would expedite the project, which includes outsides sources to help with the construction. 14 December 18, 2018 MOTION by Commissioner McNeely to move forward with the project with bid two. VOTING: Ayes – 5; Nays – 0 Chairman Mallory said the purpose of the project is to provide complete assurance to the patrons and staff of the Library. It is a safe and welcoming place to be. It has never not been safe. This eliminates any doubt. ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS (None) APPOINTMENTS TO BOARD AND COMMISSIONS Charlotte Regional Partnership (1 appointment) Larry Schaeffer Board of Health (2 appointments) Dr. Robert F. Bundy, Jr. Suzanne Hansen Corwin Recreation Advisory Board (2 appointments) Rob Jackson Daryl Tilley Transportation Advisory Board (1 appointment) Sara Lewis Zoning Board of Adjustment (3 appointments) Tim Johnson Bill Brater Jon Madison (Alternate) MOTION by Commissioner Norman to appoint individuals listed. VOTING: Ayes – 5; Nays – 0 UNFINISHED BUSINESS (None) PUBLIC COMMENT PERIOD No one wished to speak. NEW BUSINESS (None) COUNTY MANAGER’S REPORT County Manager Beth Jones gave updates on the following items:  Introduced new Assistant County Manager Joe Pierce. Pierce is a great addition to the team and has hit the ground running.  County offices will be closed December 24-26, 2018 in observance of Christmas.  Due to recent inclement weather, the annual employee/retiree Christmas luncheon has been rescheduled for Thursday, January 10, 2019 from 11am – 2pm.  Congratulated Juli Moore on being selected as the new Library Director. 15 December 18, 2018 CLOSED SESSIONS Chairman Mallory said a Closed Session relating to Economic Development G.S. 143- 318.11 (a) (4) and Attorney Client G.S. 143-318.11 (a) (3) was held immediately after pre-agenda and recessed the Board into Closed Session at 7:50PM for Property Acquisition G.S. G.S. 143- 318.11 (a) (5). Action items upon returning from Closed Session: Commissioner Houpe made a motion to enter into the minutes the previously approved settlement in the following legal matter: Settlement payment of $200,000 in 18 CVS 2998, regarding a wrongful death action and the Estate of William Wood. VOTING: Ayes – 5; Nays – 0 Commissioner McNeely made a motion to grant a permanent storm drain easement to Bluefields of LKN, LLC and Lakewalk Owners Association, Inc., on property located at Challenge Lane, formerly the site of the County ropes Course, provided the guarantee assume all maintenance of the storm drain facility located in the easement area. The permanent storm drain is defined on Exhibit A as PDE Areas 1 & 2 attached. The County Manager is authorized to negotiate the specific terms of the easement agreement. VOTING: Ayes – 5; Nays – 0 16 December 18, 2018 ADJOURNMENT MOTION by Commissioner McNeely to adjourn at 8:38 PM. The next regular meeting will be Tuesday, January 15, 2019, 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, Clerk