HomeMy WebLinkAbout5-5-2020
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May 5, 2020
IREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR SESSION MINUTES
May 5, 2020
The Iredell County Board of Commissioners met in regular session on Tuesday, May 5,
2020 at 7:00 PM, in the Commissioners’ Meeting Room located in the Iredell County Government
Center 200 South Center Street, Statesville, NC. In light of COVID-19, the Board cancelled the
pre-agenda meeting.
Board Members Present
Chairman James Mallory
Vice Chairman Thomas Bowles
Ken Robertson
Board Members Participating Remotely
Marvin Norman
Board Members Absent
Gene Houpe
Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County
Manager Susan Robertson, and Clerk to the Board Amy Anderson.
CALL TO ORDER: Chairman James Mallory called the meeting to order.
INVOCATION: Chairman Mallory asked everyone to bow their heads for a moment of
silence or reflection and to particularly remember Commissioner Gene Houpe as he had surgery
earlier that day.
PLEDGE OF ALLEGIANCE led by Chairman Mallory.
ADJUSTMENTS TO THE AGENDA: Chairman Mallory added one item under New
Business.
MOTION by Commissioner Houpe to approve the agenda as adjusted.
VOTING: Ayes – 4; Nays – 0
Chairman Mallory noted that Commissioner Norman was participating telephonically, and
the Board was adhering to Governor Roy Cooper’s Executive Order 121, which limits the number
of people in any gathering to 10. A deputy was available to assist in the ingress and egress of
anyone wishing to participate in public hearings.
PRESENTATIONS OF SPECIAL RECOGNITIONS & AWARDS
(None)
APPOINTMENTS BEFORE THE BOARD
Presentation by Tonya Fowler, Director of Development, Stop Child Abuse Now
(SCAN): Tonya Fowler spoke on the impact SCAN has on children and families in the community
and more specifically the impact on the County’s budget. Fowler said SCAN requested funding
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May 5, 2020
for $50,000 for FY21. It is important for the community and its leaders to be aware of the
importance and depth of what SCAN does. Fowler said people often say children should come
with a manual. SCAN is that manual for parents. The agency offers parenting solutions along with
a variety of programs. They also provide support groups for foster and adoptive parents as they
navigate unique and challenging obstacles. SCAN staff members are caring and non-judgmental
which increases their effectiveness. It is the only agency of its kind in Iredell and surrounding
counties. One of the main goals of SCAN is to break the cycle of abuse and neglect that has lasted
for generations. Fowler highlighted one of the five programs. In FY18-19, the parent-aid program
served 63 children. This program is free to parents in Iredell County, however most are referrals
from DSS, which means they have an open case with them. Scan staff goes into the home weekly
to work with the parents to teach and implement parenting skills. Staff is on-call 24/7 for the
families. Having a long-term commitment with families increases the success rate drastically. Most
of the cases last an average of 18-24 months. In FY18-19, there was a 97% success rate for the
family-aid program, 61 of the 63 children served were able to remain in the home with no further
reports made. Fowler said the cost of foster care is astronomical and finding quality foster parents
can be very difficult. If the 61 children had gone into foster care instead of staying in the home,
based on their ages and needs it would have cost the County over $1.13 million for one year. The
likelihood of a child being in foster care for only one year is very slim, so this number continues
to grow year after year as cases add up. SCAN reduces the amount the county is paying for foster
care. Staff works with the family to develop a stabile routine for the home so that parents are able
to focus on their employment and education, allowing to contribute to the community instead of
withdrawing from its’ resources. This creates a liable and accountable employee, which increases
the tax base and creates quality human capital. Fowler said with more funding SCAN would be
able to keep their current services in place and expand to serve more families, further reducing the
number of children in foster care and more importantly ending the cycle of abuse for good. Fowler
thanked the Board for the continued support of SCAN’s efforts.
Chairman Mallory expressed sincere appreciation to SCAN’s staff and its network of
volunteers, as they produce results and are a tremendous value for the investment. The cost
avoidance the County is able to achieve through DSS referrals is of great result. The cost of foster
care is significant and borne by taxpayers. The demand curve of services has not gone down and
the agency will certainly get due consideration through the budget process.
(None)
PUBLIC HEARINGS
Public hearing to consider a request from Stephen F. Overcash to revise Highway
Business Conditional District (HBCD) conditions associated with approximately 2.83 acres
at 2059 Charlotte Highway: Planning Director Matthew Todd said the property was initially
rezoned to Highway Business Conditional District (HBCD) a couple of years ago. At that time,
the intended use was mini-storage and other retail uses. At that time, there was a limitation placed
on having outdoor access and the mini-storage would only to have interior access. Since then, the
applicant would like to have outside roll-up doors. Todd noted there would not be any outdoor
storage. Current conditions on the rezoning must be revised in order to allow the outside roll-up
doors. The retail component of the original rezoning will remain in place. Planning staff
recommends in favor of the request and Planning Board voted 9-0 in favor of the request. Todd
noted there were some concerns about the retail uses at the public input meeting, but that concern
did not resurface at the Planning Board. There was no opposition at the Planning Board meeting.
The site is adjacent to the new Hoke Lumber site.
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May 5, 2020
Vice Chairman Bowles asked if Planning staff contacted the Town of Mooresville about
the request.
Todd said Mooresville had concerns about the continued commercial stripping out of the
area. Todd explained the current request is to change current conditions on an existing commercial
use.
Chairman Mallory noted that Stephen Overcash, Dennis Norwood, Jacqueline Overcash,
Kevin Clark, and Brian Simpson were available by phone to answer any questions.
Chairman Mallory opened the public hearing.
Stephen Overcash said the request is basically the same as the original rezoning with a
couple of modifications. Overcash said there has been no major opposition.
Chairman Mallory explained that anyone viewing the livestream could call 704-878-3051
to speak. County staff also accepted public comments regarding the public hearing until 4:30PM.
No calls or emails were received.
No one else wished to speak.
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 it
is within the Medium Density Residential designation, which allows for small-scale neighborhood
commercial uses, it adjoins existing, more intense commercially used property, and proposed
conditions protect surrounding property values while limiting the list of HB uses to include only
those that should not exceed existing road capacity.
VOTING: Ayes – 4; Nays – 0
Iredell County
PLANNING & DEVELOPMENT
PLANNING STAFF REPORT
REZONING CASE # 2003-1
STAFF PROJECT CONTACT: Leslie M. Meadows
EXPLANATION OF THE REQUEST
This is a request to revise HBCD conditions associated with an approximately 2.83 acre parcel along Charlotte
Highway. This request is conditional per the submitted application, and will be limited to the uses attached to the
request.
OWNER/APPLICANT
OWNER: Overcash Properties LTDP RLLP
APPLICANT: Stephen F. Overcash, ODA Architecture PLLC
PROPERTY INFORMATION
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May 5, 2020
ADDRESS/LOCATION:
2059 Charlotte Hwy; more specifically PIN#:
4658657606.000.
SURROUNDING LAND USE:
There are residential and commercial properties to the
west, and north toward the V-intersection with Statesville
Highway. The surrounding property to the south and east
is zoned M-1, operating as a lumberyard.
SIZE:
The total acreage to be rezoned is approximately 2.83 acres.
EXISTING LAND USE:
Property is vacant; recently combined from two parcels and
former dwellings have been removed.
ZONING HISTORY: This property was zoned Residential Agricultural (RA) during county-wide zoning in 1990.
The surrounding property to the southeast was rezoned to M -1 in 2016, prompting a commercial rezoning of this site
in 2018, to HBCD. The 2018 HBCD conditions pertaine d to an interior access only mini-storage facility.
OTHER JURISDICTIONAL INFORMATION: This property is located within Mooresville’s short -range USA
boundary. The Town of Mooresville has expressed concern about additional commercial uses along this sect ion of
US 21 that may serve to strip out the once residential area, and fear the road infrastructure may be lacking to support
additional traffic. It was noted that their One Mooresville Land Use Plan might also have architectural requirements
that could affect this property in the future.
OTHER SITE CHARACTERISTICS: The property is located outside of the regulated Catawba/Lake Norman
Watershed areas, and is not within a flood hazard zone.
UTILITIES: This site is currently served by well and septic. Ho wever, a portion of the property falls within the
water service area of the Town of Mooresville.
IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES
TRAFFIC: There is heavy congestion in this area at times. The closest and most recent traffic count, just north of
the property near the V-intersection with NC 115, had a traffic count of 8,100 vehicles per day in 2017. According to
current CTP Inventory and Recommendations, the capacity for this section of Charlotte Highway is approximately
13,800 vehicles per day. The speed limit along this section of Charlotte Highway is 45 mph.
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 Marsha l’s Office and
Iredell County EMS. Neither office addressed any concerns regarding the request.
REQUIRED REVIEWS BY OTHER AGENCIES
LOCAL: The applicant must provide a commercial site plan to the Planning & Development Department for review
in order 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
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May 5, 2020
STAFF COMMENTS: While the HBCD zoning designation will remain the same, the applicant is requesting
revisions to the 2018 HBCD agreed upon conditions. This reques t is conditional per the submitted application, and
will be limited to the uses attached to the request. Even though the conditions of the request primarily pertain to a
self-storage mini-warehouse facility, it is important to remember that all uses shown highlighted in the HB uses list
attached to the application; such as a variety pf professional services, retail sales, restaurants, ect…, are allowable uses
for this site. The new applicant desires to offer a limited number of non-climate-controlled self-storage units that open
to the outside, as well as possible office supply/packaging retail space. The applicant held a public input/community
meeting at Shepherd’s Volunteer Fire Department on January 29 th, 2020, with two neighboring landowners present.
Specific conditions imposed as part of the application process are as follows…
No outside storage allowed, but non-climate-controlled storage is allowed with the following stipulations:
No roll-up doors will front directly onto Charlotte Highway.
Unconditioned storage units will not exceed 20% of the total units or represent more than 20% of the gross
area.
No exterior building lighting will be allowed along the east boundary. All lighting to have cut -off shields as
to not shed light onto an adjacent property.
There will be a landscaped buffer along the east boundary.
There will be interior and exterior security cameras.
Any non-climate-controlled storage will be behind a gated fence, with full gates.
The 2030 Horizon Plan calls for this area to be Medium‐Density Residential that includes areas and land that is either
currently developed or slated for future development at medium densities. These areas are within the Iredell County
Urban Services Areas and may be serviced by and incorporated into one o f the municipalities at some point in the
future. These lands are either currently served or will be served in the future by public or private water or sanitary
sewer systems. The intent of these lands is that they provide more dense development opportunit ies and a broader
range of housing choices than low density residential. Medium-Density Residential areas also allow for small-scale
neighborhood commercial uses. Utilizing this Horizon Plan description, staff have interpreted such “small -scale
neighborhood commercial uses” to include such uses as mini self-storage facilities and others per the narrowed-down
list of HBCD uses submitted.
The Planning staff can support the proposed rezoning request based on the following: The 2030 Horizon Plan calls
for this area to be medium density residential, which allows for small-scale neighborhood commercial uses. The site
adjoins existing, more intense commercially used property, and the proposed conditions protect surrounding property
values while limiting the list of HB uses to include only those that should not exceed existing road capacity.
SITE REVIEW COMMITTEE: Staff visited site on February 14, 2020.
PLANNING BOARD ACTION: On March 4, 2020, the Planning Board held a public meeting to hear the rezoning
request. The applicant and landowners were in attendance, however, there was no public present in favor or in
opposition. The board voted 9-0 to recommend in favor of the rezoning.
***
Public hearing to consider a request from Nate Overholt to rezone two adjoining
parcels, approximately 38.08 acres, along Tomlin Mill Road, next to the I-77 corridor, from
Highway Business/Residential Agricultural (HB/RA) to General Business (GB): Planning
Director Matthew Todd said the property is currently zoned Highway Business and Residential
Agricultural (HB/RA). Planning staff recommends in favor of the request because it matches the
2030 Horizon Plan, the property is located next to existing commercial uses, and will bring an
existing business on the HB side into conformity with zoning requirements. Planning Board voted
in favor of the request and there was no opposition.
Chairman Mallory opened the public hearing.
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Chairman Mallory explained that anyone viewing the livestream could call 704-878-3051
to speak. County staff also accepted public comments regarding the public hearing until 4:30PM.
No calls or emails were received.
No one wished to speak.
Chairman Mallory closed the public hearing.
MOTION by Commissioner Robertson 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 it is in harmony with the Highway Interchange Commercial and Employment Center-
Industrial/Flex Space/Office areas, is adjacent to existing commercially zoned properties, and
would bring the existing use into better zoning compliance.
VOTING: Ayes – 4; Nays – 0
Iredell County
PLANNING & DEVELOPMENT
PLANNING STAFF REPORT
REZONING CASE # 2003-2
STAFF PROJECT CONTACT: Leslie M. Meadows
EXPLANATION OF THE REQUEST
This is a request to rezone two adjoining parcels, approximately 38.08 acres, along Tomlin Mill Road, next to the I -
77 corridor, from Highway Business/Residential Agricultural (HB/RA) to General Business (GB). This is a straight
rezoning and no conditions are proposed at this time.
OWNER/APPLICANT
OWNER: Ervin Helmuth, Kingdom Land Management
APPLICANT: Nate Overholt, Pine View Buildings/Kingdom Land Management
PROPERTY INFORMATION
ADDRESS/LOCATION:
933/907 Tomlin Mill Road, just east of I -77 N
on/off ramp. More specifically, PINs
4759123313.000 and 4759137293.000.
SURROUNDING LAND USE:
There are residential agricultural uses directly to the
north, east, and south. However, properties to the
north and east, currently in RA use, have been
commercially rezoned. The I-77 corridor lies
directly to the west.
SIZE:
The total acreage to be rezoned includes two parcels,
approximating 38.08 acres.
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EXISTING LAND USE: Manufacturing and sales facility for Pine View Buildings, LLC. The adjoining smaller
parcel contains an older SFD and farm structures.
ZONING HISTORY: These properties have been zoned Residential Agricultural (RA) since county-wide zoning
was established in 1990. The larger parcel that has been operating as Pine View Buildings (933 Tomlin Mill Rd) was
rezoned to Highway Business (HB) in 1998.
OTHER JURISDICTIONAL INFORMATION: This rural property is not located within any municipalities’ Urban
Service Area.
OTHER SITE CHARACTERISTICS: This property is not located within a regulated Watershed Area. The
property is not located in a flood hazard zone.
UTILITIES: This site is currently served by well a nd septic.
IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES
TRAFFIC: The closest traffic count is along Tomlin Mill Road, near the on/off ramp for I -77 N, just west of Josey
Road, which had a traffic count of 3,800 vehicles per day in 2017. According t o the Comprehensive Transportation
Plan 2008 Study Report for Iredell County, the capacity for this section of Tomlin Mill Road is approximately 28,000
vehicles per day through the year 2030. The speed limit along this section of Tomlin Mill Road is 45 mph.
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 r egarding the request.
REQUIRED REVIEWS BY OTHER AGENCIES
LOCAL: The applicant must provide a site plan to the Planning & Development Department for review to develop
the properties. 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 applicant represents Pine View Buildings, a storage building manufacturing and sales
operation, existing currently on the larger parcel, with plans to expand the business onto the adjoining smaller parcel
to the east. Due to the increased intensity of the existing Manufactured Housing & Wood Buildings use and future
expansion, staff recommends both parcels rezone to General Business (GB) in order to be in compliance with the
current LDC. This is straight rezoning and all GB uses would be allowed.
Being just off I-77, the parcels in question are within, or partially within, what the 2030 Horizon Plan calls the
Highway Interchange Commercial and Employment Center- Industrial/Flex Space/Office areas. Highway Interchange
Commercial areas include existing or future commercial, retail, and service uses located proximate to interstate
interchanges on major arterial roadways. Traditional strip commercial development is discouraged within these areas.
Uses within these areas generally should include gas stations, hotel/motels, restaurants, and other highway travel
related businesses. Secondary uses may include retail, office developments, and higher -density residential uses.
Employment Center- Industrial/Flex Space/Office areas are intended for development of industrial, flex space, and
office uses including light manufacturing and assembly, research and development, warehousing, and building trade
showrooms and offices. These areas should have access to planned arterial or collector stree ts to provide adequate
infrastructure for transportation of goods to and from distribution centers.
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May 5, 2020
The Planning staff can support the proposed rezoning request based on the following: Conceptually, the properties
are within the 2030 Horizon Plan Highway Interchange Commercial and Employment Center- Industrial/Flex
Space/Office areas, they are adjacent to various existing commercial properties, and this rezoning would bring the
existing use into better zoning compliance.
SITE REVIEW COMMITTEE: Staff visited site on February 14, 2020.
PLANNING BOARD ACTION: On March 4, 2020, the Planning Board held a public meeting to hear the rezoning
request. The landowner was in attendance, however, there was no public present in favor or in opposition. The board
voted 9-0 to recommend in favor of the rezoning.
***
Public hearing to consider a request from Jonathan Carter to rezone two adjoining
parcels, approximately 1.11 acres, located at the corner of Absher Farm Loop and
Taylorsville Highway from Residential Agricultural (RA) to Neighborhood Business (NB):
Planning Director Matthew Todd said the property is currently zoned Residential Agricultural
(RA) and has a legal non-conforming gas station onsite and the applicant would like to expand the
gas station. Todd said a rezoning is required in order to allow for the expansion. Planning staff
supports the request as it matches the land use plan and Planning Board voted unanimously in
favor of the request. The property is across from commercial uses and there are residential uses
behind the site.
Chairman Mallory asked if the site was across from Buck’s Industrial Park.
Todd said yes.
Chairman Mallory opened the public hearing.
Jonathan Carter was available by phone to answer any questions.
Chairman Mallory explained that anyone viewing the livestream could call 704-878-3051
to speak. County staff also accepted public comments regarding the public hearing until 4:30PM.
No emails or calls were received.
Chairman Mallory closed the public hearing.
MOTION by Commissioner Robertson Motion 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 H orizon
Plan because it is contained within a Rural Commercial area, it brings an existing legal non -
conforming use into zoning compliance, and traffic impacts should not exceed road capacity.
VOTING: Ayes – 4; Nays – 0
Iredell County
PLANNING & DEVELOPMENT
PLANNING STAFF REPORT
REZONING CASE # 2004-1
STAFF PROJECT CONTACT: Leslie Meadows
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May 5, 2020
EXPLANATION OF THE REQUEST
This is a request to rezone two adjoining parcels, approximately 1.11 acres, located at the corner of Absher Farm Loop
and Taylorsville Highway from Residential Agricultural (R-A) to Neighborhood Business (N-B). This is a straight
rezoning, and no conditions are proposed at this time.
OWNER/APPLICANT
OWNER: Ronald Hunt, Market Basket Stores
APPLICANT: Jonathan A. Carter, Bluestone Land Management, PLLC
PROPERTY INFORMATION
ADDRESS/LOCATION: 3541 Taylorsville Hwy; more
specifically identified as PINs 4725252243.000 and
4725253175.000
SURROUNDING LAND USE: The surrounding area in
all directions is mostly single-family Residential
Agricultural (R-A) in nature, except for a Light
Manufacturing (M-1) district to the east along Bucks
Industrial Road.
SIZE: The acreage to be rezoned is approximately 1.11
acres.
EXISTING LAND USE: Market Basket, a legal non-
conforming convenient store/gas station.
ZONING HISTORY: The property has been zoned R-A since county-wide zoning in 1990.
OTHER JURISDICTIONAL INFORMATION: The property is not located within another jurisdiction’s Urban
Service Area.
OTHER SITE CHARACTERISTICS: The property is not located within a regulated Watershed Area, and is not in
a flood hazard zone.
IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES
TRAFFIC: The closest traffic count along Taylorsville Hwy is to the east, just past Kay Lane, which had a traffic
count of 7,300 vehicles per day in 2018. According to the Comprehensive Transportation Plan 2008 Study Report
for Iredell County, the capacity for this section of Taylorsville Highway is approximately 13,100 vehicles per day.
The speed limit along this section of Taylorsville Highway begins transitioning from 45 mph to 55 mph.
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
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May 5, 2020
LOCAL: The applicant must provide a site plan to the Planning Department 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 applicant represents Market Basket Stores, convenient store and gas station facilities,
which is a variation of what this site has been functioning as since before county-wide zoning in 1990. As a legal
non-conforming use this commercial site has existed in a R -A district for almost 40 years. However, the gas pumps
have not been operational for some time, and need to be upgraded. The owner wishes to combine the two parcels in
question; expanding to install new gas pump islands, along with a new larger canopy. A commercial rezoning would
bring this use into zoning compliance, and thus allow for such an expansion.
The 2030 Horizon Plan calls for this area to be Rural Commercial, which includes existing commercial uses or areas
intended for future commercial use that are located along major roadways in rural areas. The intent of these areas is
that they 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 businesses, restaurants, churches, and
institutional uses.
The Planning staff can support the proposed rezoning request based on the following: The 2030 Horizon Plan calls
for this area to be Rural Commercial, which allows for small-scale commercial, neighborhood uses along this section
of Taylorsville Highway. The rezoning brings an existing legal non -conforming use into zoning compliance, and
traffic impacts should not exceed road capacity.
SITE REVIEW COMMITTEE: Staff visited site for posting on March 13, 2020.
PLANNING BOARD ACTION: On April 1, 2020, the Planning Board held a virtual public
meeting/teleconference to hear the rezoning request. The applicant was in attendance. There was no public input in
favor or in opposition. The board voted 8 -0 to recommend in favor of the rezoning.
***
Public hearing to consider revisions to the Iredell County Personnel Ordinance:
Chairman Mallory said the Board discussed the revisions in detail at their Fall and Winter Retreats.
After feedback from the Board, staff made revision, brought them back for review, and the matter
is now ready for public hearing. Human Resources Director Sandra Gregory highlighted the
following changes:
Article II Pay & Position Classification Plan
Gregory requested the probationary step increase section of the policy be removed. The
section states upon satisfactory completion of the initial probationary period, employees hired at
or promoted to step 8 or below in the position classification may be given a 4 ½% increase. Gregory
said this has not been utilized since approximately 2009. Removing this section will help reduce
the risk of compression between new and long-term employees.
Gregory said a couple of years ago the Board approved the re-defining of promotions and
reclassifications. However, the ordinance was never changed to support the definitions. Gregory
reiterated the definition of the two and what that mean for the purpose of administering the policy.
Promotion: Individual moving from a non-supervisory position to a supervisory position. At the
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May 5, 2020
discretion of the County Manager, it may also apply to an individual moving from a lower level
of management to a higher level of management, supervising more employees. A promotion
equates to a maximum of a 9% or to the minimum step of the new grade, whichever is more.
Reclassification: The reassignment of an existing position from one class to another based on
changes in job content, which may or not be the same job grade and they are not i n a supervisory
role of any level. This equates to a 5% increase when one is reclassified.
Gregory said a couple of years ago the pay and classification study was outsourced, and
significant changes made to the pay scale. Gregory requested changes that would reflect what was
implemented at the time. Changes were made on how reclassifications were viewed with pay study
purposes. Previously during a pay study, if a position moves to one grade to another the employee
would receive an increase just for that pay increase on the position. The revision that was approved
by the Board was to only insure employees be placed at lease the minimum pay range of their new
grade or if the salary is above that they do not receive an increase for pay and classification stud y
purposes. Gregory said the request is to change the verbiage to support what is being done.
Article VIII Separation, Disciplinary Action & Reinstatement
Gregory requested that suspension for disciplinary purposes and/or demotion without pay
be used in conjunction with a final written warning. Pre-dismissal letters are required to be given
to employees within at least one business day prior to the actual meeting date, which allows the
employee preparation time for meeting. In addition, the employees will have the option to have
the pre-dismissal meeting recorded and will be required to sign an agreement form identifying
their choice. The recording and/or transcript will become a part of the employee’s personnel file.
Gregory said staff would insure all recordings be done consistently. All pre-dismissal hearings will
be held in HR and the HR Director or Assistant Director will be present for each pre-dismissal
hearing. Human Resources will conduct the recordings.
Gregory requested a non-disciplinary suspension without pay section be added to the
policy. This would allow management to suspend without pay during an investigation, hearing, or
trial of an employee of any criminal charges brought by law enforcement or an indictment
involving an employee. Investigations, hearings, trial, or civil action must involve matters that
formed a basis for disciplinary actions and be directly related to the essential functions of that
individual’s job. The employee would have the option to use comp time or vacation in lieu of
unpaid leave. The unpaid suspension would be capped at a maximum of 30 days. At the end of 30
days, the case will be evaluated based on those circumstances of the suspension and in addition to
the department needs. The County Manager must approve any suspension without pay beyond 30-
days.
Gregory said the statement regarding employees receiving credit for the time worked in a
part-time capacity for service awards purposes was removed from Article VI. There was a small
amount of verbiage changes in Article IX and there were no changes to Article X. Gregory
requested approval of the changes to be effective July 1, 2020.
Chairman Mallory said the changes were roundly reviewed and discussed. The public has
had opportunities at open meetings to be able to share thoughts.
Vice Chairman Bowles asked if the recording of a pre-dismissal hearing would be
admissible in court.
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May 5, 2020
County Attorney Lisa Valdez said yes.
Vice Chairman Bowles said because of the sensitive subject matter, where is the safest
place to keep the recordings.
Valdez said the recordings should be a part of the employee’s personnel file.
Vice Chairman Bowles asked if it would be frowned upon in court for the County to hold
on to the recording.
Valdez said it does not mean the recording would not be available to the other party; there
would be provisions for how it was released and whom it was released to.
Vice Chairman Bowles said they would get a copy during a discovery motion.
Valdez said most likely, with some conditions.
Chairman Mallory opened the public hearing.
Chairman Mallory explained that anyone viewing the livestream could call 704-878-3051
speak. County staff also accepted public comments regarding the public hearing until 4:30PM. No
calls or emails were received.
No one wished to speak.
Chairman Mallory closed the public hearing.
Vice Chairman Bowles said there was a lot of time put into these changes. It is a piece that
the County has needed for some time. Bowles thanked Gregory and staff for their diligent work in
preparing the changes and revisions.
MOTION by Vice Chairman Bowles to accept the personnel ordinance changes as written.
VOTING: Ayes – 4; Nays – 0
ADMINISTRATIVE MATTERS
In light of COVD-19, County Manager Beth Jones and Deputy County Manager Susan
Robertson summarized the following agenda items. Staff was available by phone to address any
additional questions.
Request from the Finance Department for approval of budget amendment #30 to
appropriate additional grant funds Iredell-Statesville Schools received for two School
Resource Officers for elementary schools: County Manager Beth Jones said the school system
received a grant for two School Resource Officers they did not anticipate. Because the funds have
already been expended from the school safety, and security budget, the school system is requesting
to receive those funds and in turn allow them to expend the funds (in the same budget) to be used
for safety and security capital items. Jones said the amount of the grant is $66,666 and the school
system is requesting to use the funds to purchase 15 bus cameras. The funds will stay in the safety
and security budget, but receiving in the revenue for those and expending for the bus cameras.
Jones added said there have been some savings in the safety and security budget and the school
system is asking to utilize savings on the Yellow Bus GPS Tracking Software. The system the
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savings funds to cover costs for middle school security expenses. This is noted on the budget
amendment.
This item was placed on consent.
Request from the Health Department for approval of the Fee and Eligibility Policy
Revisions to be effective immediately and approval of the proposed Clinical Services and
Dental, and Environmental Health Fee Schedules: Jones stated the fee schedule is brought to
the Board annually for approval. The Fee and Eligibility policy revisions are effective
immediately. The approval of the proposed Clinical Services, Dental and Environmental Health
fee schedule will be effective July 1, 2020. Jones added the changes are in an effort to recoup cost.
Some fees have gone up and some down based on the expense.
Vice Chairman Bowles, member of the Board of Health, said the changes are a best effort
and have been approved by the Board of Health.
This item was placed on consent.
Request from the Library for approval of budget amendment 31 and to accept a State
Library of North Carolina Library Services and Technology Act Mini-Grant in the amount
of $2,000 to assist with responding to the Coronavirus pandemic: Jones said the Library
received notice of the ability to apply for the grant in a very narrow window of time. Jones
approved applying for the grant and notified the Board, because there was a not a Board meeting
before the deadline. The department was awarded the grant for $2,000 to purchase materials
(masks, touchless thermometers, disinfecting wipes and sprays, hand-sanitizing stations) for
COVID-19 and prepare for reopening of the Library. There are no matching funds for the grant.
This item was placed on consent.
Request from Tax Administration for approval of Appointment of Interim Tax
Assessor: Jones said Tax Assessor Melia Miller retired at the end of April 2020. Jones requested
the approval of appointing Laura Crater as the Interim Tax Assessor. Crater has been with the Tax
Office for 30 years and served as the Personal Property Supervisor for 20 years, and 10 years as
the Assistant Assessor. Crater also served as Interim Assessor in 2013. Jones said this is an Interim
Assessor appointment until the permanent Tax Assessor is appointed by the Board.
Chairman Mallory said Crater is highly qualified to serve and having someone readily
trained and available to serve is beneficial.
Commissioner Robertson said Miller did a great job as Tax Assessor. Tax Collector Bill
Furches has a very confident and technically efficient staff, and had that with Miller. Robertson
said that makes a Commissioner’s job a little easier because there are not as many complaints.
This item was placed on consent.
Request from Clerk to the Board for approval of minutes from the meeting on May
5, 2020: There were no changes.
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This item was placed on consent.
MOTION by Commissioner Robertson to approve consent items.
VOTING: Ayes – 4; Nays – 0
ANNOUNCEMENTS OF VACANCIES ON BOARDS & COMMISSIONS
(None)
APPOINTMENTS TO BOARDS & COMMISSIONS
(None)
PUBLIC COMMENT PERIOD
(None)
UNFINISHED BUSINESS
(None)
NEW BUSINESS
Chairman Mallory said this afternoon Governor Cooper held a news conference where he
outlined the provisions to executive order 138, which are to take effect at 5pm on Friday, May 8,
which will move the State as a whole through the first of the three phases. Mallory explained the
differences between the stay at home order and the cumulative orders that proceeded it. Mallory
said phase 1 would be in place for two to three weeks depending upon whether or not the State as
a whole meets certain criteria to move into phase II. In terms of commercial activity, the stay at
home order that was adopted by Governor Cooper in Executive Order 121 had a long list of
essential businesses and included any business that could meet the social distancing criteria. At
this time, all of those definitions are out and effectively all businesses are able to operate except
for ones that were specifically limited (close contact personal services, barbershops, salons, gyms,
bowling alleys, and movie theaters). Those specific restrictions remain in effect. The retail capacity
is being increased from 20% to 50% along with cleaning and social distancing. Everyone is
encouraged to continue to shelter in place but instead of leaving home for only for essential
services, they can leave home for any commercial activity and businesses that happen to be open.
Mallory noted that social gatherings still have 10-person limit. Bars and restaurants remain limited
to take-out and delivery. Face coverings are encouraged when not being able to maintain social
distancing.
Mallory said previously under Governor Cooper’s restrictions, local governments could
have stricter restrictions but not less restrictive than the State. This phase 1 order amends all local
prohibitions and restrictions imposed under local state of emergency declarations to remove any
language that sets a different occupancy standard for retail businesses. In addition, the order also
forbids local governments from enacting a local different maximum occupancy standard for retail
businesses. Mallory said the Board will digest the new order over the next few days and
encouraged everyone to watch the weekly video updates on the County website.
At the direction of the Board, Chairman Mallory sent a letter to Governor Cooper asking
him to grant counties the ability to move forward as a county into subsequent phases. All of which
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are predicated on maintaining social distancing. Mallory said to keep from having a spike and
having to regress and have more stringent restrictions imposed everyone needs to practice personal
responsibility as they exercise personal choices.
Commissioner Robertson asked if Chairman Mallory received a response from the
Governor’s office.
Chairman Mallory said not yet.
Commissioner Robertson asked if the Governor gave an indication on how often the re-
opening process would be assessed. There has been a lot of talk of how the trend had to go down.
There are six COVID-19 patients in the County’s three hospitals. Those hospitals are basically
empty. Robertson said the trend might go up slightly but there are over 188,000 people in the
County. The metric looking at the direction of the trend line does not make sense when the absolute
numbers are in a good place.
Vice Chairman Bowles noted that Dr. Mandy Cohen admitted that the upward trend is in
direct correlation with more testing. Bowles said it is obvious that there are more positives with
more testing but that does not correlate with more beds in a hospital.
Chairman Mallory said there are several congregant care facilities in the County that are
self-contained living quarters. When they have an incident of COVID-19, it can spread very
quickly. That population represents about 2-3% of the total population, represents in essence 25%
of the actual known cases. When there is a disparity between a known smaller group and the
general population, the smaller group should be factored out because that is where the greatest
potential increased numbers are. The Statewide application of numbers is causing the State
numbers to rise and that does not have anything to do with what the population does or does not
do. There could be great numbers in the general population but one or two cases can lead into a
real catastrophe in a care facility. If the numbers are separated, the real problems can be addressed.
There has been one person in a congregant home that tested positive. Mallory acknowledged the
staff in that home and the Health Department for their work in ensuring it did not spread. Some
other counties have not been so fortunate.
COUNTY MANANGERS REPORT
County Manager Beth Jones gave an update on the following items:
Proposed budget will be presented at the May 19, 2020 meeting.
Budget Work Sessions will be held May 21, 9am – 1pm, May 26, 11am – 3pm,
May 28 1-4pm (if needed) in the Human Resources Conference Room. More
information to come.
Sheriff’s Office Annual Report was distributed.
Charts & graphs regarding the County’s COVID-19 numbers were distributed.
Commissioner Houpe appreciates all the thoughts, prayers, and well wishes during
his surgery.
CLOSED SESSION
There were no items for Closed Session.
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ADJOURNMENT
MOTION by Commissioner Norman to adjourn at 8:22PM. The next regular meeting will
be May 19, 2020, 5:00 PM, in the Commissioners’ Meeting Room, Government Center, 200 South
Center Street, Statesville, NC.
VOTING: Ayes – 4; Nays – 0
__________________________________ ___________________________________
Date Approved Amy B. Anderson, Clerk