HomeMy WebLinkAbout12-18-2018
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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