HomeMy WebLinkAbout10-15-2019
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October 15, 2019
IREDELL COUNTY BOARD OF COMMISSIONERS
PRE-AGENDA MINUTES
October 15, 2019
The Iredell County Board of Commissioners met in pre-agenda session on Tuesday,
October 15, 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
Chairman James Mallory
Vice Chairman Tommy Bowles
Gene Houpe
Marvin Norman
Ken Robertson
Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County
Manager Susan Robertson, Assistant County Manager Joe 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:
Remove Economic Development from Closed Session
Add Personnel to Closed Session
ADMINISTRATIVE MATTERS
Request from the Sheriff’s Office for approval of budget amendment #7 and to accept
the Edward Byrne Memorial Justice Assistance Grant (JAG): Major Todd Carver asked for
approval to accept a JAG grant in the amount of $16,797. The funds from the grant will be used
for the Sheriff’s Office Athletic League and equipment for Detectives. The board approved
applying for the grant at a previous meeting.
Chairman Mallory said the athletic league is a great program. Mallory asked how much of
the program cost is covered by the grant.
Carver said the grant covers the entire cost of the athletic program.
This item was placed on consent.
BA#7
10/15/2019
Appropriate JAG funds to host a youth volleyball athletic league, to purchase surveillance equipment,
and to become NIBRS compliant.
Account #
Current
Budget
Change Amended Budget
104510 436010 15220 US Dept of Justice JAG
Grant
- (16,797) (16,797)
105510 531500 15220 Insurance & Bonds - 3,341 3,341
105510 535000 15220 Supplies - Departmental - 8,456 8,456
105510 620000 15220 Non-Depreciable Assets - 5,000 5,000
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October 15, 2019
Request from EMS for approval of budget amendment #8 to accept funds to continue
the efforts of the Community Response Support Team: EMS Director Blair Richey requested
approval to accept $10,000 that was awarded to the department by the ABC Board of Statesville
to assist in continuing the Community Response Support Team.
This item was placed on consent.
Request from Planning & Development to consider calling for a public hearing on
November 5, 2019 in regard to a request by Joyce Johnson to release zoning and subdivision
jurisdiction to the Town of Mooresville: Planning Director Matthew Todd said the commercial
property is located at the corner of Rocky River Road and Shearers Road. The property is under
contract for commercial development and the future owner wants municipal water and sewer for
the sites. Todd requested approval for a public hearing to consider the release of jurisdiction on
November 5, 2019.
Chairman Mallory asked if this property is across from Dollar General.
Todd said yes. Mooresville will have all frontage at the intersection if this property is
released.
Vice Chairman Bowles asked if the request includes the residence as indicated by the
pictures.
Todd said yes.
This item was placed on consent.
Request from Tax Administration for denial of taxpayers request for refunds that do
not meet the statutory requirement: Tax Assessor Melia Miller explained that are four different
refunds that staff feels should be denied. The refund requests do not meet the requirement of the
Machinery Act because the taxes were not imposed through a clerical error, an illegal tax, or for
an illegal purpose.
Vice Chairman Bowles asked what will be done going forward and if the tax payers
continue to pay taxes.
BA#8
10/15/2019
Appropriate Statesville ABC funds for continued salary and fringe of Peer Support Specialist and education
materials for the Community Response Team efforts.
Account #
Current Budget Change Amended Budget
104542 437720 Statesville ABC Grant - (10,000) (10,000)
105542 510002 Salaries & Wages-Regular 4,767,387 4,190 4,771,577
105542 512501 FICA 438,474 3,203 441,677
105542 512502 Group Health Insurance 1,002,425 1,060 1,003,485
105542 512503 State Retirement & 401K 699,063 547 699,610
105542 535018 Supplies-Library Materials 3,500 1,000 4,500
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October 15, 2019
Miller said two of the four situations have been remedied. One property was measured
incorrectly and has been corrected for 2020. The watercraft has also changed hands. The others
will depend on who owns the property January 1, 2020. Two properties were in bankruptcy and
although the property was surrendered, the owner(s) still own it. If the property transfers prior to
1/1/2020 a new owner will be responsible. Miller explained that outstanding taxes remain valid.
This item was placed on consent.
Request from Tax Administration for approval of September Refunds and Releases:
This item was placed on consent.
Request from the Finance Department for adoption of a resolution making certain
findings and determinations in connection with the proposed issuance of school and
community college bonds: Finance Director Deb Cheek said the resolution is the first step is
issuance of school bonds and will need to be considered at 7pm meeting. Cheek said the resolution
determines certain findings, determinations and authorizes Cheek to file an application with the
Local Government Commission and to work with bond counsel.
Vice Chairman Bowles asked if the findings are public information.
Cheek said yes, the findings are very generic and will be listed out at the regular meeting.
Vice Chairman Bowles said this allows the voters to have a more informed position when
they vote.
ANNOUNCEMENTS OF VACANCIES ON BOARDS & COMMISSIONS
(None)
APPOINTMENTS TO BOARDS & COMMISSIONS
(None)
UNFINISHED BUSINESS
(None)
NEW BUSINESS
Chairman Mallory said it would be good to have a discussion regarding extra territorial
jurisdiction (ETJ) and the kinds of ETJ that the Board deals with. The Board previously agreed
upon change with Mooresville in terms of how frequently put forward annexation determinations.
It went from annual to semi-annual. Mallory explained that sometimes the applicants for voluntary
annexations were concerned about not getting information from the Town and final disposition on
the annexation. The new process seems to be working out. The other type annexations are
requested by the municipalities. Mallory said the County asked Town of Mooresville to take a look
at areas surrounding Mooresville. Mallory said there is some common standards for roads, relative
to sidewalks, curb and gutter. There is a lot of benefit to be able to bring some common standards
for roads, relative to sidewalks and curb and gutter, and the way the voluntary annexation piece is
looked, there are often gaps between the development. It seems to be a prudent thing to look at to
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October 15, 2019
see whether or not all of it can be developed to the same standard from the get-go once a certain
density is reached.
Commissioner Robertson said the difference is for commercial corridors that the Board
granted ETJ because Mooresville also does a Transportation Planning. The Board did not want a
big change in way the businesses looked, such as on Highway 150 where there is an imaginary
line going from the Town of Mooresville where is made to be more upscale business and a used
car lot can be placed within the County’s zoning, which is somewhat incompatible. In some cases,
the Board granted ETJ to try to make the corridors along the road networks coming into the Town.
Private residences are typically requested by the owner. There are grey areas where suddenly it
looks like an ink blot, the Town will want to fill that in. Robertson said the question is what to do
when the property owners say no.
Commissioner Houpe said in light of the recent ETJ issues and complaints, requested
adding this topic to the Board’s Fall Retreat agenda to allow an in depth review with staff on how
to move forward.
Chairman Mallory said an issue could occur if someone owns 100 acre farm and constructs
an outbuilding that does not conform to Mooresville’s requirements because when ETJ is granted,
the whole thing is granted.
Commissioner Houpe said there is no way to retract the ETJ once it is granted once zoning
is established.
Commissioner Robertson said it may not be necessary to set rules for “When the Board”
or When the Board won’t” but the Board needs to state their intent. Robertson said most release
of jurisdictions are approved without any issue. The problem is how to approach the request when
the Town wants it and the property owner says no. Robertson said the Board can declare an
inclination or tendency that lets the public know whether or not it will be worth the fight.
Commissioner Houpe said the Board has shared in the past the hopes of identifying
corridors so public would know what the plan may be for certain areas.
Vice Chairman Bowles said one side of Shearers Road is in Mooresville’s jurisdiction and
the other is not. Bowles suggested the Board come up with a way to identify where the growth is
going to be and which direction is the path of progress. If the municipalities spend money
improving certain areas then it may be an appropriate release. Bowles has received numerous calls
from people who are not ready to sell their property for development. The two greatest powers the
Board has includes, moving tax dollars from someone’s wallet and limiting property owners’
rights. Bowles suggested the Board take a deep dive into how to satisfy the offended without
offending the satisfied.
Chairman Mallory asked Planning Director Matthew Todd to find a middle ground to
accomplish common goals regarding to transportation and having consistent driveway cuts or
similar when the area is built so there be a mishmash. Mallory does not want put restrictions
beyond what the Board’s limited desire is in terms of transportation. Mallory suggested an overlay.
Vice Chairman Bowles asked the consistency between Mooresville, Statesville, and
Troutman in regards to driveway cuts. Bowles asked if the County’s ordinance could be the middle
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October 15, 2019
ground and if there is an opportunity to do that in districts. Bowles does not want an ordinance that
is going to affect someone in rural America to try to fix a problem in a more urban environment.
Jones said that this topic will be added to the Board’s Fall Retreat agenda.
COUNTY MANANGERS REPORT
County Manager Beth Jones gave an update on the following items:
Fall Retreat has been changed to November 15, 2019 from 8am – 5pm at the
Public Library
Senator Sawyer has invited the Board to the NCDOT Overview Meeting on
Friday, October 18, 2019 at 9am at the CATS center in Troutman.
The Board entered into Closed Session at 5:37PM.
IREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
October 15, 2019
The Iredell County Board of Commissioners met in regular session on Tuesday, October
15, 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
Chairman James Mallory
Vice Chairman Tommy Bowles
Gene Houpe
Marvin Norman
Ken Robertson
Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County
Manager Susan Robertson, Assistant County Manager Joe 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 or reflection.
PLEDGE OF ALLEGIANCE led by Chairman Mallory.
ADJUSTMENTS TO THE AGENDA
Remove Economic Development from Closed Session
Add Personnel (G.S. 143-318.11 (a) (6) to Closed Session
MOTION by Commissioner Norman to approve the agenda as adjusted.
VOTING: Ayes – 5; Nays – 0
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
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October 15, 2019
(None)
APPOINTMENTS BEFORE THE BOARD
Presentation by David Hughes with Nest Homes LLC to request a temporary
construction easement on property located at 2014 Bluefield Road, Mooresville: David
Hughes, Manager of Nest Homes LLC, requested three temporary construction easements on
property located at 204 Bluefield Road for the purpose to complete some grading and erosion
control improvements on the property. Hughes explained that Nest Homes is in the final stages of
developing Lake Walk Subdivision off Bluefield Road. The property is adjacent to the county
owned property. In early 2019, the Board approved two permanent easements on the County for
the purpose of installing and maintaining storm pipe. Hughes said the company held off on
requesting additional easements. Hughes explained that the construction plan initially called for
four temporary easements, but since then the engineer has been able to eliminate one of those and
reduce the overall area needed by 30%. Nest Homes agrees that the Homeowners’ Association
(HOA) will responsible for the maintenance and upkeep of the easements.
Commissioner Houpe asked if there is a possibility of adversely affecting county property.
Hughes does not expect any impact to the County’s property. Nest Homes is in compliance
with state and federal regulations.
Commissioner Houpe asked if there is a sunset clause in the HOA’s agreement to upkeep
the property.
Hughes said the easements requested are temporary and will go away after a certain time.
Hughes expects the work to take three months and then there will be a maintenance period where
stabilization is guaranteed of those areas.
Commissioner Houpe asked if that was on the HOA or Nest Homes.
Hughes said Nest Homes.
Vice Chairman Bowles asked if Nest Homes would have a problem with a member of
county stall working alongside them to inspect the area. Bowles explained the Board does not want
to do anything that would adversely impact the property.
Hughes welcomes the idea of a staff member working alongside for inspections.
Chairman Mallory said that the Board will take the request under advisement and will take
some time for staff to visit the property and evaluate the details. Chairman Mallory requested staff
to circulate an email if there are no issues as the Board may be able to dispose of the request.
PUBLIC HEARINGS
Public Hearing for consideration of text amendments to the Land Development Code:
Planning Director Matthew Todd said the text amendments have been under development for some
time. The Planning Board voted 8-0 to recommend approval of the text amendments. Todd said
the first part of the amendment deals with LCID (stump dumps) and there were additions to the
code to provide clarification on grinding. Currently, in order to grind the applicant must go through
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October 15, 2019
a dual process with the Board of Adjustment. A yearly inspection was added in order to ensure the
site is incompliance with what was approved by the Board of Adjustment. Todd said a dust
management plan was also added. That plan would be vetted through the Board of Adjustment
Todd said there has been some interest in the source reduction process and a section was
created to address the issue. The section relates to grinders and air curtain burners, and will have
higher restrictions than a standard stump dump. The process requires a Special Use Permit through
the Board of Adjustment with a dust management plan along with yearly inspections. Todd said
this is only for a business, where materials are brought from other sites to be process. There has
been no public feedback regarding the text amendments.
Chairman Mallory said the Board ventilated the text amendments on a couple of occasions
and sent it back to the Planning Board for review. Mallory thanked Planning Staff and the Planning
Board for their consideration of the issues the Board had.
Commissioner Robertson said staff and Planning Board was able to address the issues the
Board asked.
Chairman Mallory opened the public hearing.
No one wished to speak.
Chairman Mallory closed the public hearing.
MOTION by Vice Chairman Bowles to Motion to approve the zoning text amendment
and to make a finding that the approval is consistent with the adopted 2030 Horizon Plan and that
said approval is reasonable and in the public interest and furthers the goals of the 2030 Horizon
Plan because it aims to address common zoning issues, and address industry changes in a
developing county.
VOTING: Ayes – 5; Nays – 0
IREDELL COUNTY PLANNING & DEVELOPMENT
PLANNING STAFF REPORT
Proposed Text Amendment – Performance Requirements: R54 Landfill,
Land Clearing and Inert Debris and to add R67 Source Reduction Facility
(Processing and wholesale)
EXPLANATION OF THE REQUEST
Staff is proposing amendments to Chapters 2, 3 and 16 of the Iredell County Land Development
Code. The following text amendments to the Land Development Code are being presented for
information only at this time.
Existing text that is bold and with strike through is text to be removed. Text in red and underlined
is new text to be added.
Text in blue is new from the last review.
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October 15, 2019
ADDITIONAL INFORMATION REQUESTED
The Board of Commissioners requested the following be reviewed:
Impacts on attainment issue with air quality
o In talking with the State Air Quality Division the following was shared:
Any emission source does play a small role in increased ozo ne formation. A tiny
personal home emergency generator could have negative impact in theory.
Staff feels the number of these operations in the county will be limited based on need
Stream setback requirement and erosion control
o An erosion control plan is going to be required for these sites that disturbed either ½ acre in
the watershed or 1 acre outside of the watershed. Depending on the individual operations
these plans may be closed out if the site is stabilized per the requirements. Some of these
sites may continue to stay on the list for monthly erosion and sedimentation inspections. If
we add the yearly inspection this should be able to address any sediment issues outside the
scope of the erosion and sedimentation requirements.
Temporary vs. Permanent operations
o We are proposing to add language to distinguish better between temporary and permanent
operations.
Define or amended language regarding “adversely impacting” in Section R67, D.
o Staff has proposed rewording this section and adding the requirement of a dust management
plan
Adding in review or inspection process
o Staff has proposed to add a requirement that these facilities would have an annual review to
ensure compliance with the Ordinance and the Special Use Permit
STAFF COMMENTS
Chapter 3 deals with specific land uses and provides additional requirements for those uses above
the basic standards of the code.
Landfill, Land Clearing, and Inert Debris facilities are referred to as LCIDs. These facilities are
currently allowed in some residential districts through the Special Use Permit process. We have
several locations permitted throughout the County. They are also regulated by the North Carolina
Department of Environmental Quality (NCDEQ), who issues a separate permit on behalf of the
State. With interest in these facilities continuing to grow, due to the increasing development of the
southern end of the County, it was felt that the code needed to be further addressed. Therefore,
in an attempt to reduce the amount of material (inert debris) that is buried at LCID’s, the staff is of
the opinion that there is a need for these facilities to also be able to grind for wood chips or mulch
and to be able to pit burn with high heat (air curtain burning). Thus resulting in a reduced amoun t
of material to be buried. Additionally, it is recognized by the NCDEQ that there is a greater need
for the ability to accommodate source reduction methods or ways to reduce the amount of
material these LCID sites take in and ultimately fill or cover.
Along with the amending of the LCID’s to accommodate more alternatives, the staff is also
proposing the addition of a separate provision (R67 Source Reduction Facility) which would
involve a more intensive operation, allowing for the processing and repurposing of additional
types of materials (i.e. brick, block, concrete, untreated wood), when not associated with an LCID.
In addition to the crushing and sifting of said material, this type of facility would include the ability
to stockpile materials, store and maintain equipment and contain offices. Although the operation
of these types of facilities will likely be of a more permanent nature, it was felt that they should be
allowed in some of the county’s more rural areas and not just confined to industrial lo cations. To
help address those potential concerns, increased setbacks and other restrictions have been
added.
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October 15, 2019
TEXT AMENDMENTS
Performance Requirements (Chapter 3)
R54 Landfill, Land Clearing and Inert Debris
On-site landfills with a disposal area of a half acre or less will be exempt from these requirements
but shall follow all NC Division of Waste Management guidelines per GS 130A-301.1. Beneficial fill
including concrete, brick, block and uncontaminated soil, rock and gravel requires no zoning
approval when the intent is to improve land use potential and no excavation is involved.
The following guidelines shall be required for all off-site landfills with a disposal area of 600 square
feet or more and/or sites over a half acre of on-site items.
A. Setback
There shall be 100 foot minimum distance from any property line.
B. On sites less than two (2) acres applicant shall have recorded at the Iredell County Register of
Deeds a LCID Notification form available from the Nor th Carolina Department of
Environmental and Natural Resources.
On sites larger than two (2) acres applicant shall contact the North Carolina Department of
Environmental and Natural Resources for final approval.
C. Use Separation
1. There shall be a 300 foot minimum separation from any existing residence; and
2. Fifty (50) foot minimum separation from all surface waters; and
3. 100 foot minimum separation from all commercial or public buildings, and wells.
D. Access
1. Access to the landfill shall be controlled with gates, chains, fences, ditches and/or trees to
prevent unregulated dumping.
2. Driveways and driveway cuts shall be installed to minimize sediment on adjacent roads.
E. Dust
All unpaved areas shall be maintained in a manner which prevents dust from adversely
impacting adjacent properties.
A dust management plan shall be required to prevent dust as part of any application. If
approved this plan will become part of the approval. The dust management plan at a
minimum shall include the following:
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October 15, 2019
1. A list of each dust generating activity or source.
2. A list of each best management practice that will be implemented for each dust generating activity
or source.
3. A list of additional best management practices that will be implemented if initial controls are
ineffective.
F. Operation
1. No filling is permitted in the 100-year floodplain. No filling is permitted in minor drainage
ways unless the drainage has been piped in accordance with approved plans. No filling
is permitted in utility easements.
2. The operator shall monitor access road conditions and immediately clear any sediment or
debris from the road.
G. Signs
1. An information board sign shall be posted and maintained at the entrance, listing the
name and phone number of the current operator, the types of material accepted, and
the hours of operation.
2. The sign shall also instruct drivers to contact the operator upon finding any sediment that
has been tracked from the site.
H. See Section 4.5.2 for limitations in the water supply watersheds.
I. Ancillary Uses
For the purpose of reducing the amount of inert debris, air curtain burning or grinding
operations shall be permitted. Residue and mulch may be stored on site and/or mixed with
other organic material prior to its covering or removal. This shall include both the retail and
wholesale of the resulting bi-product. All such operations are subject to North Carolina
Department of Environmental Quality Approval. The addition of ancillary uses to an existing
operation shall require a revision to the Special Use Permit.
J. The Board of Adjustment may add conditions to this type of request to address site specific
and neighbor concerns.
K. Planning staff will conduct yearly inspections to confirm compliance with these requirements
and the Special Use Permit.
Performance Requirements (Chapter 3)
R67 Source Reduction Facility (processing & wholesale)
These regulations do not apply for operations that are disposing of or processing from on -site products.
These regulations do apply to operations where material is being brought from off-site.
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A. Setback
1. There shall be a minimum one hundred (100) foot distance from any adjacent residentially zoned
properties for all activity areas.
2. There shall be a minimum fifty (50) foot distance from all other property lines.
3. All grinding and crushing of block, stone, gravel, etc., shall be a minimum of two hundred (200) foot
distance from any adjacent residentially zoned property and one hundred (100) foot distance from all
other property lines.
B. Use Separation
1. All crushing, grinding, and burning shall have a five hundred (500) foot minimum separation from
any existing residence.
2. There shall be a one hundred (100) foot minimum separation from all perennial streams.
C. Access
Driveways and driveway cuts shall be installed to minimize sediment on adjacent roads.
D. Dust
All unpaved areas shall be maintained in a manner which prevents dust from adversely
impacting adjacent properties.
A dust management plan shall be required to prevent dust as part of any application. If
approved this plan will become part of the approval. The dust management plan at a
minimum shall include the following:
1. A list of each dust generating activity or source.
2. A list of each best management practice that will be implemented for each dust generating activity
or source.
3. A list of additional best management practices that will be implemented if initial controls are
ineffective.
E. Screening
Screening shall be provided around the entire operation, including the road side in the form
of one of the following:
1. A four (4) foot berm with shrubs at least 18 inches when planted ;or
2. A fifty (50) foot wide strip of existing vegetation at least 6 feet in height.
Screening is not required if the adjacent property is zoned for industrial uses as identified in
the Table of Permitted Uses.
F. Must also comply with all other State and/or Federal guidelines.
G. The Board of Adjustment may add conditions to this type of request to address site specific and neighbor
concerns.
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October 15, 2019
H. Planning staff will conduct yearly inspections to confirm compliance with these requirements and the
Special Use Permit.
Definitions (Chapter 16)
Section 16.4 Definitions
Source Reduction Facility (processing & wholesale). A facility designed to both process and
recycle reclaimed material associated with both inert debris and nonhazardous waste, including
brush, stumps, concrete, brick, block, stone and other land clearing waste normally received at
an LCID (Land clearing and inert debris landfill).
Zoning Districts (Chapter 2)
Section 2.21.4 Manufacturing, Industrial, & Other High Intensity Uses
USES AC RA RUR RR R20 R12 R8 RO OI NB HB GB M1 M2 R
Source
Reduction
Facility
(processing &
wholesale)
S X X 67
****
ADMINISTRATIVE MATTERS
County Manager Beth Jones summarized the items that were placed on the consent agenda as
follows:
Request from the Sheriff's Office for approval of budget amendment #7 and to
accept the Edward Byrne Memorial Justice Assistance Grant (JAG).
Request from EMS for approval of budget amendment #8 to accept funds to
continue the support efforts of the Community Response Support Team.
Request from Planning & Development to consider calling for a public hearing on
November 5, 2019 in regard to a request by Joyce Johnson to release zoning and
subdivision jurisdiction to the Town of Mooresville.
Request from Tax Administration for denial of taxpayers request for refunds that do
not meet the statutory requirement.
Request from Tax Administration for approval of September refunds and releases.
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October 15, 2019
MOTION by Commissioner Norman to approve the consent agenda.
VOTING: Ayes – 5; Nays – 0
Request from the Finance Department for adoption of a resolution making certain
findings and determinations in connection with the proposed is suance of school and
community college bonds: Chairman Mallory introduced a resolution sharing certain findings
and determinations authorizing the filing of an application with the Local Government
Commission and appointing bond counsel in connection with a proposed issuance of school bonds
and community college bonds in the County of Iredell, North Carolina.
Finance Director Deb Cheek went through the following findings:
1. Preliminary studies have been completed to demonstrate the need for financing the cost
of various public school improvements and community college improvements for the
County.
2. The Board wishes to commence the procedures for the authorization of school bonds and
community college bonds to finance such capital projects.
3. The capital projects to be funded by the proposed bonds are necessary and expedient, and
the amount of proposed bonds is adequate and not excessive to fund said capital projects.
4. The debt management and the budgetary and fiscal management policies of the County
have been carried out in compliance with applicable law.
5. The increase in taxes, if any, necessary to service the proposed debt will not be excessive.
Cheek explained the resolution will also authorize the County Manager and Finance
Director to being to file the application process with the Local Government Commission for
$115,500,000 school bonds and $10,500,000 Community College Bonds and not to exceed these
amounts. These amounts include an additional $500,000 for each educational entity to cover in
closing cost that may come up. This resolution also authorizes Cheek to appoint bond counsel
which is Womble, Bond, and Dickinson. Cheek requested approval of the resolution in order to
move forward with the bond proceedings.
MOTION by Commissioner Houpe to approve a resolution making certain findings and
determinations, authorizing the filing of an application with the Local Government Commission
and appointing bond counsel in connection with the proposed issuance of school bonds and
community college bonds by the county of Iredell, North Carolina.
VOTING: Ayes – 5; Nays – 0
The Board of Commissioners for the County of Iredell, North Carolina met in a regular meeting in the
Commissioners’ Meeting Room of the Iredell County Government Center located at 200 South Center S treet in
Statesville, North Carolina, the regular place of meeting, at 7:00 p.m. on October 15, 2019.
Present: Chair James B. Mallory III, presiding, Vice Chairman Tommy Bowles and____ Commissioners
Gene Houpe, Marvin Norman, Ken Robertson
Absent:
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October 15, 2019
Also present: County Manager Beth Jones, County Attorney Lisa Valdez, and Clerk to the Board Amy
Anderson
* * * * *
Chairman Mallory introduced the following resolution the title of which was read and a copy of
which had been previously distributed to each Commissioner:
RESOLUTION MAKING CERTAIN FINDINGS AND DETERMINATIONS,
AUTHORIZING THE FILING OF AN APPLICATION WITH THE LOCAL
GOVERNMENT COMMISSION AND APPOINTING BOND COUNSEL IN
CONNECTION WITH THE PROPOSED ISSUANCE OF SCHOOL BONDS AND
COMMUNITY COLLEGE BONDS BY THE COUNTY OF IREDELL, NORTH
CAROLINA
BE IT RESOLVED by the Board of Commissioners (the “Board”) for the County of Iredell, North
Carolina (the “County”):
Section 1. The Board does hereby find and determine as follows:
(a) Preliminary studies have been completed to demonstrate the need for financing the cost of various public
school improvements and community college improvements for the County.
(b) The Board wishes to commence the procedures for the authorization of school bonds a nd community
college bonds to finance such capital projects.
(c) The capital projects to be funded by the proposed bonds are necessary and expedient, and the
amount of proposed bonds is adequate and not excessive to fund said capital projects.
(d) The debt management and the budgetary and fiscal management policies of the County have
been carried out in compliance with applicable law.
(e) The increase in taxes, if any, necessary to service the proposed debt will not be excessive.
Section 2. The County Manager and the Director of Finance of the County are each hereby
authorized and directed to file an application of the County with the North Carolina Local Government Commission
for approval of not exceeding $115,500,000 School Bonds and $10,500,000 Community College Bonds of the County.
The Clerk to the Board is hereby authorized to publish a notice of intent to file such application in the manner provided
by law, and any action heretofore taken to publish such notice is hereby approved, ratified and confirm ed.
Section 3. The law firm of Womble Bond Dickinson (US) LLP is hereby appointed to serve, but
solely at the pleasure of the Board, as bond counsel to the County in connection with the authorization, sale and
issuance of the proposed bonds.
Section 4. The appropriate officers of the County are hereby authorized and directed to do any and
all things necessary, appropriate or convenient to carry into effect the provisions of this resolution.
Section 5. This resolution shall take effect immediately upon its passage.
Upon motion of Commissioner Houpe, the foregoing resolution entitled “RESOLUTION MAKING
CERTAIN FINDINGS AND DETERMINATIONS, AUTHORIZING THE FILING OF AN APPLICATION WITH
THE LOCAL GOVERNMENT COMMISSION AND APPOINTING BOND COUNSEL IN CONNECTION WITH
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October 15, 2019
THE PROPOSED ISSUANCE OF SCHOOL BONDS AND COMMUNITY COLLEGE BONDS BY THE COUNTY
OF IREDELL, NORTH CAROLINA” was adopted by the following vote:
Ayes: Mallory, Bowles, Norman, and Robertson
Noes: N/A
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ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS
(None)
APPOINTMENTS TO BOARD AND COMMISSIONS
(None)
UNFINISHED BUSINESS
Commissioner Houpe served as the Board’s voting delegate at the NCACC annual
conference. At the conference, Houpe was elected as District 12 Director on the NCACC Board
of Directors and will represent eight counties in the region. Houpe shared that he was sworn into
that position at a Board of Director’s meeting. Commissioner Houpe gave an update from the
recent meeting. There continues to be a workforce development issue through the State. People
continue to be impressed with the relationship the Board has with the school systems and
community partners in trying to be innovative and workforce training. There are other counties
that fill positions that are open and are having to make some proactive investments. Houpe will
represent District 12 in Washington, DC in December for Legislative Goals on a federal level.
Chairman Mallory expressed appreciation for Commissioner Houpe for taking the
time to serve in such capacity.
Commissioner Robertson said in 2007 unemployment sky-rocketed and sales tax
plummeted. It was a dismal picture on economic development. Robertson said the Board received
a report from Centralina Council of Government that said the access to skilled labor and access to
water would drive economic development in the not so distant future. Robertson explained that
the Board questioned the report but it was in fact accurate. The report predicted that in the not too
distant future economic development will not be driven by monetary incentives but by where does
the limited workforce, that has skills, want to live and then companies would be forced to locate
where the workers would want to live. Robertson said the access to water meant for the industry
and the people who would live in the community where the industry was located. Robertson said
the Board has done a job of making Iredell County a place where people want to live and where
workforce is skilled. Robertson explained the importance of clean waterways so they can be used
for industrial and residential purposes.
PUBLIC COMMENT PERIOD
(None)
16
October 15, 2019
NEW BUSINESS
(None)
COUNTY MANAGER’S REPORT
County Manager Beth Jones gave an update on the following items:
Fall Retreat has been changed to November 15, 2019 from 8am – 5pm at the
Public Library
Senator Sawyer has invited the Board to the NCDOT Overview Meeting on
Friday, October 18, 2019 at 9am at the CATS center in Troutman.
CLOSED SESSION
Chairman Mallory said a Closed Session relating to Personnel G.S. 143-318.11 (a) (6) was
held immediately following the pre-agenda meeting and there are no action items to report.
ADJOURNMENT
MOTION by Commissioner Norman to adjourn at 7:39PM. The next regular meeting will
be November 5, 2019, 5:00 PM, in the Commissioners’ Meeting Room, Government Center, 200
South Center Street, Statesville, NC.
VOTING: Ayes – 5; Nays – 0
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Date Approved Amy B. Anderson, Clerk