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HomeMy WebLinkAbout8-6-2019 1 August 6, 2019 IREDELL COUNTY BOARD OF COMMISSIONERS PRE-AGENDA MINUTES August 6, 2019 The Iredell County Board of Commissioners met in pre-agenda session on Tuesday, August 6, 2019 at 5:00 PM, in the Commissioners’ Meeting Room located in the Iredell County Government Center 200 South Center Street, Statesville, NC. Board Members Present Vice Chairman Tommy Bowles Gene Houpe Marvin Norman Ken Robertson Board Members Absent Chairman James Mallory Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County Manager Susan Robertson, Assistant County Manager Joe Pierce, Finance Director Deb Cheek, and Clerk to the Board Amy Anderson. CALL TO ORDER: Vice Chairman Tommy Bowles called the meeting to order. ADJUSTMENTS TO THE AGENDA: Remove: Request from the Library for approval to accept a scholarship from the State Library of North Carolina and budget amendment #3 in the amount of $850. Commissioner Houpe has an item under New Business. ADMINISTRATIVE MATTERS Request from Tax Administration to present the Annual Tax Settlement for 2018 along with Orders for Collection: As required by G.S. 105-373, Tax Collector Bill Furches presented the Annual Tax Settlement for 2018. Once the Board accepts the Annual Tax Settlement for 2018 the new tax bills will be passed to purchase. Furches also requested approval of the Orders for Collection and advertisement of tax liens appealed to the Property Tax Commission, if those taxes have not been paid. Currently, there is only one of those specific cases. Iredell County has the 12th lowest tax rate in the State. Compared to other counties with population over 100,000, Iredell County is the second lowest. Furches explained that tax bills will be mailed Friday, August 9. Those bills total approximately $209,500,000 and vehicle taxes will be around $15 million. Furches gave an update on the reappraisal process. Furches provided an update on the recent reappraisal. There were 1,519 appeals, 52 of which have not been heard by the Board of Equalization and Review. Currently, there are no appeals going to the Property Tax Commission. Furches said 61.75% of the revenue for FY20 budget comes from the Tax Department. Commissioner Robertson said the Tax Department has strong and effective leadership with Furches which is apparent in his staff. The long and sustained high collection enables the Board to continue a low tax rate. All of the municipalities within the County have benefited from the effectiveness of Furches and his staff. Robertson recognized Furches’ willingness to work with 2 August 6, 2019 taxpayers. The staff is incredible about working with taxpayers who get behind in paying. The County has benefited greatly from Furches’ professionalism and expertise. These items were placed on consent. 2018 Taxes: Real & Personal Levy $113,190,943.78 MV – VTS 10,358,708.37 Add: Discoveries 556,330.17 Deduct: Releases (100,530.55) $124,005,451.77 Collections 122,867,480.64 2018 Outstanding Taxes $1,137,971.13 Collection Rates: All Property 99.08 % Excluding Motor Vehicles 99.00% Motor Vehicles 100.00 % Delinquent Taxes: Collections $1,422,319 Delinquent Taxes Outstanding $2,747,476 Prepaid Taxes: 2019 Taxes Collected $ 190 ,194 The Numbers Collected $4,047,216 more in current Iredell County taxes than previous year – up 3.4% Collected $1,554,429 more than was budgeted – 101.3% of original budget Fifteen year cumulative total $24.168 million over budgeted revenues Fifteen year cumulative delinquent collections $26,790,132 Collected for all jurisdictions: 6-30-19 $186,837,709 Tax Collection Actions Preforeclosure Letters 759 Sent to Foreclosure 55 Tax Statements 3,509 Sheriffs Warrants 283 Debt Setoff 1,471 ($624,636) Garnishments 1,112 ($1,087,560) 3 August 6, 2019 Garnishment fees $89,670 Credit Agency 277 ($154,160) Lien Holder Letters 34 Bank Attachments 527 ($1,140,904) Tax Collection Problems Bankruptcies 105 for $112,671 (100 for $124,056 FY2018) Foreclosures filed 331 (decrease from 342) Collection Rates Last Nine Fiscal Years Fiscal Year Original Collection Rate Current Collection Rate 2018 98.91% 99.62% 2017 98.85% 99.71% 2016 98.54% 99.72% 2015 98.58% 99.80% 2014 97.74% 99.75% 2013 97.06% 99.69% 2012 96.77% 99.67% 2011 96.81% 99.71% 2010 96.77% 99.72% Average 97.78% 99.71% Debt Setoff For the fiscal years 2002-2019, Iredell ranked 24TH in the state out of 508 units of government participating with $3,447,432 collected. Iredell County did not participate in 2002 a nd 2003. For all years, Iredell ranked 16TH among counties. Foreclosures As of this date, the collector’s office has sent 1,029 properties to foreclosure. 789 (76.7%) of these cases have settled with 240 open. We have collected $7,808,251 in current and delinquent taxes. 4 August 6, 2019 TO: THE TAX COLLECTOR OF THE COUNTY OF IREDELL, CITY OF STATESVILLE, TOWN OF MOORESVILLE, TOWN OF HARMONY, TOWN OF LOVE VALLEY, TOWN OF TROUTMAN AND TOWN OF DAVIDSON. You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the office of the Tax Assessor and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared t o be a first lien upon all real property of the respective taxpayers in the County of Iredell, City of Statesville, Town of Mooresville, Town of Harmony, Town of Love Valley, Town of Troutman, Town of Davidson, East Alexander Fire, Shepherds Fire, Mount Mo urne Fire, All County Fire and B & F Fire. This order shall be a full and sufficient authority to direct, require and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with law. You are further authorized to call upon the Sheriff of Iredell County to levy upon and sell personal property under execution for the payment of taxes. Witness my hand and official seal, this the 6TH day of August, 2019. Request from ECOM for approval of the first amendment to the Mooresville Tower Lease Agreement: ECOM Director Candy Strezinski requested approval of a first amendment to the Mooresville Tower Lease Agreement. Currently, the County has equipment on Mooresville’s tower and equipment needs changing in order to accommodate the simulcast system. The exhibit is specifically the equipment change. Commissioner Robertson asked if there was any substantial change. Strezinski said the equipment list and size of the microwave changed. Vice Chairman Bowles said this is a component to complete the Simulcast system. Strezenski said it facilitates the coverage for the southern end of the County, This item was placed on consent. Request from the Parks and Recreation Department for approval of Sponsorship Opportunity Package for the purpose of further developing amenities at various parks and facilities throughout the county: Parks and Recreation Director Michelle Hepler said the package was drafted by input from the Jennings Park Focus Group and numerous staff members. It has been reviewed several times by the Recreation Advisory Board and was approved by the board on August 1. There are no additional funds required to implement the package for donations made to parks and/or recreation facilities. Any costs incurred for signage or acknowledgements would come directly from the donation amount specific to the desired sponsorship opportunity. Hepler said approval of the package could bring a cost savings to the County based on the size of the donation or contribution made by individuals or businesses. The sponsorship opportunities provide funding for improving amenities in parks. The request will allow individuals to honor or memorialize family members or citizens with their significance within their community. It would also allow businesses do brand promotion by giving back the communities in which they operate. Staff and the Recreation Advisory Board would be required to review sponsorships on an annual basis. Hepler said the value that it could bring would outweigh any staff time that is required. 5 August 6, 2019 Commissioner Houpe asked where the prices came from and how the duration of the sponsorship would be determined. Hepler said staff looked into several sponsorship packages from different Parks and Recreation agencies across the region to gather particular dollar figures for each amenity. Hepler wants to give different opportunities at various levels to give anyone wishing to make a contribution a chance to contribute. Commissioner Houpe asked Hepler to consider setting a minimum cost per year and put some advertising opportunities out for bid. There may be competitive businesses willing to bid for certain locations. Everyone would have an equal opportunity to be the higher bidder. Houpe suggested looking at it as a business model, set a minimum price and advertise for bids. Houpe also asked for limitations to bet set to avoid bars from potentially sponsoring fields. Hepler said there are several places within the Naming Rights Policy that the County reserves the right to decline based on the sponsorships inability to be congruent with the department’s mission and vision. As an example, the department would not support a smoking tobacco advertisement at a program. Commissioner Houpe asked Hepler if she would be able to bring this item back to the board at the next meeting, August 20, 2019. Houpe said the County must be careful of who advertises to not discriminate against anyone. Hepler said the intent was to have an application pool to avoid discriminating and allow the Recreation Advisory Board and staff to work together and select from the applicants. Commissioner Houpe said the sponsorship package is a great idea but setting a minimum and having applications would prevent picking and choosing. Commissioner Robertson asked where the money from the sponsorships goes. Hepler said there are dedicated park funds specific to the parks and a general fund. The sponsorship at parks would go to that respective park’s fund. Vice Chairman Bowles asked how sponsorships could be done without discriminating any particular business. For example, a convenience store sells alcohol and so does a bar. Bowles asked how staff would determine who gets the sponsorship without discriminating. Valdez said it is not going to be easy and it will depend what criteria is developed. The criteria should be as succinct as possible without allowing opinion to make the determination. Valdez said the County could follow the personal property guidelines for the bidding. The naming for both sponsorship and buildings/facilities could be a little hairy. Commissioner Houpe does not have a problem with a convenience store as long as alcohol or tobacco is not mentioned on the sign. Vice Chairman Bowles said the Recreation Advisory Board and staff needs to determine what meets the mission and vision of the department. 6 August 6, 2019 Hepler said the Advisory Board has discussed this matter for six months. Hepler shared that the Board does not want to invade park space with billboards that do not blend to a congruent, natural, passive recreation environment in some cases. Hepler pointed out that the sponsorship package and naming rights policy state that the County has the right to revoke the privilege at its’ discretion at any time. This item was tabled to the August 20, 2019 meeting. Request from the Parks and Recreation Department for approval of a Naming Rights Policy for significant donations or contributions made specifically to Iredell County Park properties: Parks and Recreation Director Michelle Hepler requested the approval of a Naming Rights Policy for significant donations or contributions. The policy has been shared with and approved by the Recreation Advisory Board. Hepler used the policy from Iredell-Statesville Schools as a resource. There are no additional operating funds required. The decision making process for naming rights consists of the Recreation Advisory Board making a recommendation and the Board of Commissioners will have the final approval. Vice Chairman Bowles asked if the County could revoke naming rights at anytime. Hepler said yes. Commissioner Houpe would like to see some thresholds on revenue and timeframes. Houpe does not like the option of lifetime naming rights because the goal is maintain the facilities in a topnotch level. Hepler asked for a suggested minimum threshold. Commissioner Houpe said the size of signs and time frame could depend on the donation. Hepler said the customary amount is $250,000. Commissioner Houpe feels that could be a minimum depending on the size. Commissioner Robertson does not wish to set minimum amounts. Hepler said a number of people supported the development of Stumpy Creek Park and received lifetime naming rights for a significant donation, at that time. Currently, that amount is good for three years. There was no policy at the time of Stumpy Creek. Hepler said this policy was intended more structures or section of a park. Commissioner Houpe shared that he was not being critical, he wants to advance the opportunity to more people. This item was tabled to the August 20, 2019 meeting. Request from Clerk to the Board for approval of the minutes from the meeting on July 9, 2019: 7 August 6, 2019 This item was placed on consent. ANNOUNCEMENTS OF VACANCIES ON BOARDS & COMMISSIONS (None) APPOINTMENTS TO BOARDS & COMMISSIONS Community Child Protection Team (1 appointment) NEW BUSINESS (None) COUNTY MANANGERS REPORT County Manager Beth Jones will give the County Manager’s Report at 7PM. Vice Chairman Bowles moved into Closed Session at 5:40PM. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES August 6, 2019 The Iredell County Board of Commissioners met in regular session on Tuesday, August 6, 2019 at 7:00 PM, in the Commissioners’ Meeting Room of the Iredell County Government Center, 200 South Center Street, Statesville, NC. Board Members Present Vice Chairman Tommy Bowles Gene Houpe Marvin Norman Ken Robertson Board Members Absent Chairman James Mallory Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County Manager Susan Robertson, Assistant County Manager Joe Pierce, Finance Director Deb Cheek and Clerk to the Board Amy Anderson. CALL TO ORDER by Vice Chairman Tommy Bowles. INVOCATION: Vice Chairman Bowles asked everyone to bow their heads for a moment of silence or reflection. PLEDGE OF ALLEGIANCE led by Vice Chairman Bowles. ADJUSTMENTS TO THE AGENDA Remove: Item VIII.3 Request from the Library for approval to accept a scholarship from the State Library of North Carolina and budget amendment #3 in the amount of $850. 8 August 6, 2019 Commissioner Houpe added an item under New Business. MOTION by Commissioner Norman to approve the agenda as adjusted. VOTING: Ayes – 4; Nays – 0 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS (None) APPOINTMENTS BEFORE THE BOARD Request from Iredell Council on Aging, Inc. to present the proposed FY2020 HCCBG Funding Plan: Anna Rice said Iredell County is aging and is in the middle of a demographic shift where the 60+ population equals almost 38,000 people and is about 21% of the County’s total population. Like the entire, the County’s 60+ population continues to show significant growth. In just three year the 60 and over will outnumber the 17 and younger age group. The baby boomers born before 1960 are now eligible for services and are making their presence known. This increases the demand for services and the variety of services. The 80 and older is the fastest growing segment of the aging population. The Council of Aging’s challenge is to provide services to not only a growing senior population but also a diverse group of seniors. The County needs to provide a range of services along with continuative care and meeting the needs of the range in the aging population. Rice explained the proposed 2020 Funding Plan reflects the agency’s best efforts to continue providing vital services to the aging population. Rice said seniors of all ages from 60 to 100 needing a variety of services have countless opportunities as the Iredell and South Iredell Senior Centers. Programs and activities include choosing an assisted living facility and assisting with Medicare. Iredell Seniors Health Information Program helped 186 seniors in calendar 2018 and saved them over $371,000 according the NC Department of Insurance. Rice explained that the Home and Community Care Block Grant requires a minimum 10% local match. The County has helped the Council on Aging meet this requirement and in doing so brings back $9 in federal funds for every dollar contributed by the County. Rice thanked the Board for their vital support. Commissioner Houpe said the feedback from seniors in the community is wonderful. Houpe applauded Rice for her great job in serving as an advocate for the aging population. Vice Chairman Bowles expressed sincere appreciation to Rice for her passion and service to the County. MOTION by Commissioner Norman to approve the FY2020 HCCBG Funding Plan. VOTING: Ayes – 4; Nays – 0 PUBLIC HEARINGS Public hearing to consider a request from Jimmy McKnight with REALCO to release zoning and subdivision jurisdiction of 33.85 acres on Faith Road to the Town of Mooresville: Planning Director Matthew Todd said this is an extra-territorial jurisdiction request from the owner/applicant to be release to the Town of Mooresville. The parties have also filed for voluntary annexation to be heard in December by the Town of Mooresville. Todd said the County Land Use Plan shows the property as medium density residential. 9 August 6, 2019 Vice Chairman Bowles asked Todd to explain the difference between an individual asking for a ETJ release and a municipality asking. Todd said the main difference is it being driven by the actual owner of the property as opposed to the Town identifying properties and requesting it on their behalf. This request is owner driven and only impacts property that they own. Vice Chairman Bowles opened the public hearing. Jimmy McKnight, applicant for the request, was available to answer any question. McKnight said the homes will be nice cottages for age targeted empty nesters. Keith Bretting, 170 Wood Acre Drive, said any homes built in the would cause stormwater runoff issues on his property. Bretting shared concern over infrastructure and traffic in the area of Faith Road. A large portion of the proposed site is wetland and water stands on it for a good part of the year. Vice Chairman Bowles explained that the request is to release the ETJ to the Town of Mooresville. The owner/applicant has requested annexation. Once the property is annexed the Town of Mooresville has a stormwater program and any type of development would be under the Town’s standards, which are typically tighter than the County’s. The concerns of traffic will have to be addressed when a plan is presented to Mooresville. There will be certain hoops for the developer to go through. Todd said Mooresville will require a Traffic Impact Analysis. McKnight said the developer will have to do a traffic study and will be required to do any road improvements that the Town orders. McNight said left turn lanes at Faith Road and Highway 115, providing some relief. McKnight said a wet retention pond will be placed on the property to slow the water runoff. Vice Chairman Bowles said a wet retention pond retains the water and lets it out slower than the natural flow. Bretting said his backyard has flooded four times in the last year. Bretting explained the water running from the development would sit on his property. Vice Chairman Bowles said the Town’s regulations are tighter than the County’s. Until a specific site plan is presented, it is hard to explain what is going to happen with the water runoff. Bowles explained to Bretting that he will have other chances to speak at public hearings with the Town of Mooresville. Commissioner Houpe said currently, the average number on that section of 5400 cars per day. The capacity is 11,000. This will be looked at once the TIA is conducted. McKnight said the homes will be age targeted. There should be no impact on school or the peak traffic hours. Vice Chairman Bowles closed the public hearing. 10 August 6, 2019 MOTION by Commissioner Robertson to approve the request for a release of zoning and subdivision jurisdiction to the Town of Mooresville by Jimmy McKnight. VOTING: Ayes – 4; Nays – 0 DEPARTMENT OF PLANNING & DEVELOPMENT PLANNING STAFF REPORT Release of Zoning & Subdivision Jurisdiction Staff Project Contact: Rebecca Harper EXPLANATION OF THE REQUEST Jimmy McKnight with REALCO, representing Norma Jean Cloaninger, has requested the zoning and subdivision jurisdiction of 33.85 acres be released to the Town of Mooresville. The proposed use of the property is for single - family residential homes (a preliminary site plan has been included with this request). OWNER/APPLICANT OWNERS: Norma Jean Cloaninger APPLICANT: Jimmy McKnight PROPERTY INFORMATION LOCATION: 461 Faith Road in Mooresville; more specifically identified as PIN # 4655742792. DIRECTIONS: Highway 115 south, right on Faith Road, property on the left. SURROUNDING LAND USE: This property is surrounded by residential uses and vacant property. SIZE: The property is 33.85 acres. EXISTING LAND USE: The property currently has a home on it. ZONING HISTORY: This property has been zoned R-A since county-wide zoning was established in 1990. There are adjoining properties to the east that are already in Mooresville’s ETJ. OTHER JURISDICTIONAL INFORMATION: This property is located within Mooresville’s short range USA boundary. The Town has approved water and sewer extension to the project and the Planning staff has submitted a letter of acknowledgement, both of which have been included in the packet. OTHER SITE CHARACTERISTICS: This property is not located in a water supply watershed. The east side of the property is in the floodplain. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: In 2017, the average number of vehicles per day on this section of Faith Road was 5,400. The capacity for Faith Road is 11,000 vehicles per day. The Town of Mooresville requires a TIA when a proposed development will generate 500 daily trips or 100 trips at the peak am and pm hours. SCHOOLS: Because this property is being used for a higher-density residential purpose, there could be implications on local schools. Coddle Creek Elementary, Brawley Middle, and Lake Norman High are the schools for students in this area. 11 August 6, 2019 STAFF COMMENTS STAFF COMMENTS: From a Planning perspective, this request meets the criteria for release of zoning and subdivision jurisdiction. The parcel adjoins other parcels already within the Town’s jurisdiction and the Town has agreed to provide water and sewer to the site. The Town Planning staff is in support of this request. The 2030 Horizon Plan recommends Medium Density Residential Uses for this area. If developed under the County’s zoning regulations, approximately 59 single family homes would be permitted. The preliminary site plan shows a proposed 80 single family homes. The request meets all the requirements for an ETJ release and staff recommends in favor of this request. **** Public hearing to consider a request from Josh Hufstetler, Teramore Development, LLC to rezone approximately 1.69 acres at the corner of Ostwalt Amity Road and Bethesda Road from Residential Agricultural (RA) to Neighborhood Business Conditional District (NB-CD): Planning Director Matthew Todd said the rezoning request is conditional Neighborhood Business. Planning Board voted 5-3 to recommend in denial of the request. However, Planning staff is in support of the request because it based at the intersection of two moderately minor thoroughfares. The agreed upon conditions should dial use the back to something that would fit into the area, along with the limited permitted uses. The Land Use Plan shows the area to low density residential and part of this request is to amend the Land Use Plan to include this parcel as a future commercial node. Todd shared pictures of the proposed site plan. Currently, the driveway is off Bethesda Road. There will be landscaping requirements along Ostwalt-Amity and Bethesda, along with a buffer and wooden fence along the back property line, adjacent to the residentially zoned properties. As a part of the conditions, the applicant will do an upgraded facade on the building, compared to other Dollar General’s in the County. Vice Chairman Bowles asked if there will be an entrance to the store from Ostwalt-Amity Road. Todd said the entrance will be off Bethesda Road. Vice Chairman Bowles asked if the Planning Board discussed any additional conditions other than what is outlined in the staff report. Todd said the use is limited to convenience, food, department and variety store, and grocery store. A six-foot tall fence along the perimeter, monument sign, and updated building facade are the other conditions. Vice Chairman Bowles opened the public hearing. Commissioner Houpe asked about the opposition from the neighborhood. Todd said there was a handful of residents opposed to the request because the area is residentially zoned and the potential effect Dollar General could have on tax value and crime it could potentially bring to the area. Todd said the opposition was also concerned about the site being used for drug activity. 12 August 6, 2019 Vice Chairman Bowles explained that the representative from Teramore Development could not attend the meeting. The Board will be forced to continue the public hearing until September 3, 2019. Vice Chairman Bowles opened the public hearing. Ann Marie Richard, 165 Wheatfield Drive, represented several neighbors that could not attend, shared her opposition of the request. There are two Dollar Generals within four and half miles of the site. Richard said there are approximately 19 Dollar Generals in the County. Ostwalt- Amity Road is a drug highway from Iredell to Rowan County. Richard explained that Dollar Generals have an increased number of calls for service, including larceny and suspicious people. The employees of the proposed store will be subject to crime because of the location. There are no other businesses around. The further isolated the store the more calls for service there are. Richard listed the following stores and the number of calls for service: Troutman – 58 calls Old Mountain – 46 calls Old Mountain – 126 calls 21/115 – 225 calls Vice Chairman Bowles asked Richard if she had a copy of the data. Richard only had her notes, but the information came from ECOM. Vice Chairman Bowles would like to take a closer look at those numbers. David Calary, 1097 Ostwalt-Amity Road, recently moved to the area and lives across the street from the proposed site. Calary said he has not seen another Dollar General located in the middle of a complete residential area. Calary shared a survey of 39 Dollar Generals in Memphis, TN and over three years there were over 9,400 calls for service, 740 were class one calls. Recently, a lady was shot in the parking lot of a Dollar General in NC. Calary said six houses are being placed along Bethesda Road, making seven driveways within 300 foot. Calary shared that he has studied the 2030 Horizon Plan and the Land Use Maps list the area as strictly residential agricultural. Dollar General does not fit the definition of residential agricultural. Calary said on Table 2.6 of the Land Development Code lists the common permitted uses in the different areas and commercial operations are not listed for residential agricultural. Dollar General would be better suited at the corner of Ostwalt-Amity and Hwy 21 instead of someone’s backyard. Marcia Greer, shared that she was opposed to the rezoning because the area is strictly residential. Greer shared concern over runoff as well because there is a dip in the property. Residents in the area moved to the County for the rural setting. Greer also shared concerns over traffic in the area. Mike Fox, 1019 Ostwalt-Amity Road, said he was opposed to the rezoning because of traffic and the rural setting of the area. Vice Chairman Bowles reminded the audience that the public hearing will be continued until September 3, 2019 in effort to give Teramore Development due process. It also allows the 13 August 6, 2019 Board to look into the concerns that were brought up tonight. There will be an opportunity to speak at the meeting. Commissioner Robertson addressed the opposition. The Troutman area is growing, and people are going to buy property and do something different with it. Everyone would rather ride by a pasture with cows as opposed to a large subdivision or a business one might not want there. Robertson said more cars and traffic is coming to the area. Dollar General has done research and decided that is a good location for a store. The Board does not approve or disapprove zoning based upon whether the business will be successful. Robertson encouraged the opposition to come back on September 3 with arguments that are relative to the point that the Board must decide on. Robertson explained that 2030 Horizon Plan is a Board approved plan as it is and would need to be amended to allow the store there. Commissioner Houpe shared concern over staff supporting the request because the rezoning would require an amendment to the 2030 Horizon Plan. Citizens who called after the Planning Board meeting pointed out that the Land Development Code does not allow it. The staff recommendation addressed the low traffic volume. The 2030 Horizon Plan and the Land Use Plan is there to help guide through the continued growth. Vice Chairman Bowles said staff approaches their recommendation from more of a technical point of view. The Planning Board voted 5-3 to deny the request. Calary explained why he mentioned the 2030 Horizon Plan. The award winning plan took 18 months to develop. Calary said it appears that the Board would have to change the law in order to approve the request because the Land Development Code. Commissioner Houpe said the Board would need to amend the 2030 Horizon Plan not a law. Commissioner Robertson said the plan has been amended many times. When growth comes to an area, specifically a high traffic area, the Board has tended to support those being converted. Staff has been reasonable and consistent with their recommendation. The question is when to allow growth to change the plan. Commissioner Houpe said he was letting Todd know the calls received, not criticizing staff. MOTION by Commissioner Houpe to continue the Public Hearing to September 3, 2019 at 7pm. VOTING: Ayes – 4; Nays – 0 **** Iredell County PLANNING & DEVELOPMENT PLANNING STAFF REPORT REZONING CASE # 1907-1 STAFF PROJECT CONTACT: Leslie Meadows 14 August 6, 2019 EXPLANATION OF THE REQUEST This is a request to rezone approximately 1.69 acres at the corner of Ostwalt Amity Road and Bethesda Road from Residential Agricultural (RA) to Neighborhood Business Conditional District (NB -CD). This request is conditional per the submitted application, and will be bound to the uses and specifications attached to the request. OWNER/APPLICANT OWNER: Mary Frances McNeely ETAL APPLICANT: Josh Hufstetler, Teramore Development, LLC PROPERTY INFORMATION LOCATION: At the corner of Ostwalt Amity and Bethesda Roads; more specifically identified as PIN 4761453317. DIRECTIONS: Take I-77 South to exit 45 toward Troutman/Barium Springs. Turn left onto Amity Hill Road, follow till intersects Ostwalt Amity Road. Turn left onto Ostwalt Amity Road; property is approximately 1 mile on the left, at corner of Bethesda Road. SURROUNDING LAND USE: Residentially zoned property surrounds the parcel in all directions. SIZE: The acreage to be rezoned is approximately 1.69 acres. EXISTING LAND USE: The entire parcel is currently vacant. ZONING HISTORY: The property was initially zoned RA during the county-wide zoning of 1990. OTHER JURISDICTIONAL INFORMATION: This rural property is not located within any municipalities’ Urban Service Area. OTHER SITE CHARACTERISTICS: The property is not located within a regulated Watershed Area, nor is the property within a flood hazard zone. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest traffic count along Ostwalt Amity Road is just east of the parcel, and had a traffic count of 3,000 vehicles per day in 2016. According to the 2008 CTP Study Report for Iredell County, the capacity for this section of Ostwalt Amity Road is currently approximately 12,400 vehicles per day. The CRTPO categorizes Ostwalt Amity Road as a minor thoroughfare in need of improvements. However, there are currently no detailed specifications or set timeframe for such improvements. The closest traffic count along Bethesda Road is just north of the parcel, and had a traffic count of 1,500 vehicles per day in 2015. 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 expressed 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 & Development Department for review before developing 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. 15 August 6, 2019 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 calls for this area to remain Low-Density Residential in nature, however, a recent subdivision of farm land has provided for a significant increase in residential lots. To better serve the growing community, staff can support a 2030 Horizon Plan map amendment to Rural Commercial at this site because: the request is NB-CD with detailed conditions, there are no other nearby convenience-type commercial uses, the site is centrally located within the area, and is at the corner of two moderately -trafficked minor thoroughfares. With no future commercial designations in the general area, providing such a NB-CD type use in close proximity will help to limit citizens’ drive time and alleviate additional congestion elsewhere. Per the 2030 Horizon Plan, the Rural Commercial designation is intended to include existing commercial uses or areas anticipated for future commercial use that are located along main roadways in rural areas. The Rural Commercial intent is that these areas will remain rural in character and will not be serviced by public or private water and sanitary sewer systems. Land uses appropriate within Rural Commercial areas include supporting farm services, small -scale commercial uses such as small markets, convenience stores, small neighborhood service bu sinesses, restaurants, churches, and institutional uses. Other commercial and office uses could be permissible provided the property is rezoned to a conditional district, as in this case. In order to achieve and maintain the Rural Commercial deve lopment goals, the owner/applicant has agreed to the following NB-CD conditions: 1.) Limited permitted NB land -uses to include: Convenience Food, Department & Variety Store, and Grocery Store. 2.) Install a 6 foot privacy fence along perimeter adjacent to residen tial properties. (See attached site plan.) 3.) Require signage to be a monument sign as opposed to a pylon sign. (See attached site plan.) 4.) Upgraded building façade, beyond minimum requirements. (See attached renderings; Options 1 -3.) The Planning staff can support the proposed rezoning request, and subsequent 2030 Horizon Plan map amendment, based on the following: The property is centrally located at the intersection of two moderately -trafficked minor thoroughfares, which best meets the development needs of the growing community. The agreed upon NB -CD conditions strive to preserve the rural character of the area, and the limited NB -CD uses should not exceed existing road capacity. PUBLIC INPUT MEETING: A public input meeting was held on Tuesday, January 8th, 2019 at Beulah Heights Wesleyan Church, beginning at 6:00 pm. Roughly thirty property owners from the area were in attendance to hear the proposal and ask questions about the future development. As a result of this public input meeting, conditions have been imposed to limit the number of permitted GB uses at this site, as well as mandatory types of fencing, signage, and façade upgrades. SITE REVIEW COMMITTEE: Raymond Burnette, along with staff, visited the site on June 14, 2019. PLANNING BOARD ACTION: On July 3, 2019, the Planning Board held a public meeting to hear the rezoning request. There were approximately 8 neighboring landowners present to speak in opposition and express concerns about increased stormwater run-off, traffic, and possible crime. Until a more thorough study of this area is conducted, the board voted 5-3* to recommend in denial of the rezoning with the following motion: Motion to recommend denial of the zoning map amendment and to make a finding that the request is inconsistent with the adopted 2030 Horizon Plan. Thus, said denial is reasonable and in the public interest and furthers the goals of the 2030 Horizon Plan. *Those members opposed to the denial included: Davis, Neader, & Brown **** 16 August 6, 2019 ADMINISTRATIVE MATTERS County Manager Beth Jones summarized the items that were placed on the consent agenda as follows:  Request from Tax Administration to present the Annual Tax Settlement for 2018 along with Orders for Collection.  Request from ECOM for approval of the first amendment to the Mooresville Tower Lease Agreement.  Request from Clerk to the Board for approval of the minutes from the meeting on July 9, 2019. MOTION by Commissioner Norman to approve the consent agenda. VOTING: Ayes – 4; Nays – 0 Jones explained that the Board agreed, by consensus, to table the following items until August 20, 2019 to allow staff to spell out a more detail advertisement that are congruent with mission, vision, and goals of the Iredell County Parks and Recreation Department and to modify the process to allow for a bidding procedure as opposed to a first come first serve basis for the sponsorships:  Request from the Parks and Recreation Department for approval of Sponsorship Opportunity Package for the purpose of further developing amenities at various parks and facilities throughout the county.  Request from the Parks and Recreation Department for approval of a Naming Rights Policy for significant donations or contributions made specifically to Iredell County Park properties. This item was tabled to allow ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS (None) APPOINTMENTS TO BOARD AND COMMISSIONS Jones summarized the following appointment: Community Child Protection Team: Jody Belcher has volunteered to serve for the first time. This is a specific appointment and Ms. Belcher fits the requirements for the position. MOTION by Commissioner Houpe to appoint Jodi Belcher. VOTING: Ayes – 4; Nays – 0 UNFINISHED BUSINESS (None) PUBLIC COMMENT PERIOD NEW BUSINESS 17 August 6, 2019 Commissioner Houpe said, “There was a social media article and an article in the Record & Landmark this weekend talking about schools that are about to go back in session and with all going on in our society, the Sheriff had an article and a comment on social media about the additional School Resource Officers (SRO) and safety measures that are going on throughout the County. When I attended church and since then, I have had tremendous positive feedback. I wanted to thank our board, the School Boards, administration, Sheriff, and law enforcement for supporting, proactively, the additional measures it is requiring to make the schools safer. For whatever reason, it struck me in conversations with people, the one quarter cent revenue stream failed last year, that would have been used for safety and security. People, for some reason, they have to read it in the newspaper to believe that is what we needed it for. I just wanted to thank you guys publically and mention that. Also, bring to light…I went and met with Sheriff to let him know…and the public understands now with the one quarter cent failing and all of these needs, it does require a revenue stream. I just wanted to remind us to be looking for and the public, with the reval like it was, I think our board could have considered a property tax decrease, had the one quarter cent passed. But, there are statistics out there on a national level that goes along with SROs, mental health counselors, and Social Workers. There are a lot of things…door locks, camera systems, and communication in the schools. I just wanted to take the opportunity to publically say that we as a society have to decide. We are going to have invest revenue to provide safety and security that the public seems to support, but we need a revenue stream. We are tasked as a board along with the school boards are tasked to distribute tax dollars in an efficient manner to pay for these things. I just want to remind people that these type things cost money and require a revenue stream, but people appreciated the proactive measure that we have taken.” COUNTY MANAGER’S REPORT County Manager Beth Jones gave an update on the following items:  Public Safety Center Ribbon Cutting Friday, August 23, 2019 at 10am.  Iredell County Economic Development Corporation selected Jenn Bosser as the new President and CEO, starting August 19. Bosser is coming from the City of Raleigh and the office of Economic Development and Innovation. Bosser has 20 years of experience in economic development and nonprofit management experience. Jones said she will be a good addition to the County and will help grow the County in a good diversified way.  Department of Social Services submitted their Medicaid Training and Processing Labs Programs to the LGFCU Excellence and Innovations Award. They were selected as a recipient and will be recognized at the upcoming NCACC conference.  Tax bills will be mailed Friday, August 9. The bills will reflect the new value as a part of the reappraisal process and any jurisdictions that have increases in tax rates will also be reflected. The NCACC conducts a yearly property tax survey. In 2018, the County’s property tax rate was the 15th lowest out of 100 counties. This year, the County’s property tax rate went to the 13h lowest out of 100 counties. This speaks volume to the work the Board does to try and provide necessary, vital, and required services to the citizens and do it in a very fiscal responsible way. CLOSED SESSIONS 18 August 6, 2019 Vice Chairman Bowles said a Closed Session relating to Attorney Client G.S. 143-318.11 (a) (3) and Economic Development G.S. 143-318.11 (a) (4) was held immediately following the pre-agenda meeting. There are action items to report out. MOTION by Commissioner Houpe to conduct a public hearing on August 20, 2019 at 7pm regarding a maximum economic development incentive for $324,000 over a five-year period for Project Blueberry based on a $20 million investment in Iredell County. VOTING: Ayes – 4; Nays – 0 MOTION by Commissioner Houpe to conduct a public hearing on August 20, 2019 at 7pm regarding a maximum economic development incentive for $211,000 over a five-year period for Project Starling based on a $13 million investment in Iredell County. VOTING: Ayes – 4; Nays – 0 MOTION by Commissioner Houpe to conduct a public hearing on August 20, 2019 at 7pm regarding a maximum economic development incentive for $169,000 over a five-year period for Project Statesville based on a $10 million investment in Iredell County. VOTING: Ayes – 4; Nays – 0 MOTION by Commissioner Houpe to approve an extension of 90-days to enter into an economic incentive agreement for Project Blue Ribbon. VOTING: Ayes – 4; Nays – 0 ADJOURNMENT MOTION by Commissioner Robertson to adjourn at 8:13PM. The next regular meeting will be August 20, 2019, 5:00 PM, in the Commissioners’ Meeting Room, Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes – 5; Nays – 0 __________________________________ ___________________________________ Date Approved Amy B. Anderson, Clerk