HomeMy WebLinkAbout2-2-2021
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February 2, 2021
IREDELL COUNTY BOARD OF COMMISSIONERS
PRE-AGENDA SESSION
February 2, 2021
The Iredell County Board of Commissioners met in pre-agenda session on Tuesday,
February 2, 2021 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 Melissa Neader
Scottie Brown
Gene Houpe
Board Members Participating Remotely
Marvin Norman
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: Chairman James Mallory called the meeting to order.
ADJUSTMENTS TO THE AGENDA: County Manager Beth Jones went over the
following adjustments to the agenda:
Remove VIII.7 Request from Administration for approval of the Departmental
Strategic Goals.
Add Announcement of Vacancy: Town of Troutman ETJ – 1 announcement
ADMINISTRATIVE MATTERS
Request from the Sheriff's Office for approval of Budget Amendment #36 to purchase
a new lake patrol boat using Federal Equity Sharing Funds: Sheriff Darren Campbell
requested approval of budget amendment 36 in the amount of $396,550 to purchase a new lake
patrol boat. Sheriff Campbell said the request includes no taxpayer dollars. The total includes
everything required for the boat. The addition will expand the current fleet. The Sheriff’s Office
patrolled Lake Norman for flood control and power generation but recreational popularity has
pushed the office to its’ extreme. There are numerous types of watercraft used on Lake Norman.
From 1999-2010, the Lake Norman area population increased 832%. The Sheriff’s Office Lake
Patrol consists of 4 full-time deputies, 2009 22-foot vessel, and a 16-year-old vessel. The cabin
can hold six people and 22 throughout the vessel. He shared concerns of the future of Federal
Equity Sharing Funds and the mechanical breakdown of one current boat. The transmission has
been replaced six times. The office plans to shift that vessel to Lake Lookout. Currently, there is
no full-time presence on Lake Lookout. Sheriff Campbell described several recent events on Lake
Norman in which the office assisted.
Chairman Mallory asked about the concern of Federal Equity Sharing Funds.
Sheriff Campbell said the concerns current funds being pulled back and future funds.
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February 2, 2021
Deputy Jared Church went into detail on how the office works with other agencies on the
lake. The current vessels are kept at the Highway 150 bridge and Davidson Creek. The office keeps
in contact with NC Wildlife and other agencies who patrol the lake.
Commissioner Brown reiterated that taxpayer dollars will not be used for the purchase.
Vice Chair Neader asked about training because of the boat’s size.
Sheriff Campbell said the purchase price included the deputies’ training. The agency is
also going to work with Charlotte-Mecklenburg Police Department as they have the same vessel.
Sheriff Campbell expressed confidence in the Lake Patrol.
This item was placed on consent.
Request from the Health Department for approval of budget amendment #33 for
COVID-19 Vaccination Program Funding in the amount of $65,922: Health Director Jane
Hinson requested approval of budget amendment 34. The funding comes from the CDC and is
channeled through DHHS to the County. Currently, the County has nine temporary staff members
helping with administration and 11 nurses doing contract nursing specifically for the vaccination
clinics.
This item was placed on consent.
Request from Health Department for approval of budget amendment #34 for
Epidemiology and Laboratory Capacity Enhancing Detection Activities Grant in the amount
of $140,798: Health Director Jane Hinson requested approval of budget amendment 34. The
funding comes from the CDC and is channeled through DHHS to the County. Hinson said the
grant totaled $420,037 and the Board previously approved $279,239. DHHS is allowing the
department $140,798 forward instead of waiting until next fiscal. Hinson said the funds will be
carried over because the department now has a full-time Epidemiologist.
Chairman Mallory said it is exceptional to have an Epidemiologist on hand that can help
understand the context and where greater emphasis should be placed.
Hinson and the onsite Epidemiologist will provide the Board with update at a future
meeting.
This item was placed on consent.
Request from Tax Administration to report on Unpaid Taxes that are Liens on Real
Property and set advertising date: Tax Administrator Bill Furches reported on the Unpaid Taxes
that are Liens on Real Property. Upon receipt of the report, Furches requested the Board set the
advertising date as Wednesday, March 17, 2021. The total of unpaid taxes are $6,176,000 which
is about the same as last year. Furches reminded the Board the collection rate was 99.20% last
year. Currently, the collection rate is 95.59%.
A copy of the report is available in the Clerk to the Board’s office.
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February 2, 2021
This item was placed on consent.
Request from the Finance Department for approval to adopt a resolution directing
the filing of an application with the Local Government Commission for an installment
financing agreement for school improvements and call for a Public Hearing on February 16,
2021: This item will be considered at 7pm.
This item was placed on consent.
Request from the Finance Department for approval of budget amendment #35 for the
Governor's Crime Commission Grant in the amount of $23,961: Finance Director Deb Cheek
requested approval of budget amendment #35 for the Governor’s Crime Commission Grant in the
amount of $23,961. Cheek said the Sheriff’s Office was awarded the grant to be used to purchase
digital forensic evidence equipment. Cheek noted the money does not include any tax payer
dollars.
County Manager Beth Jones explained the request to apply for a grant comes from the
respective department. Once the grant is received, Finance Director Deb Cheek will come before
the Board on behalf of the department to accept the grant.
This item was placed on consent.
Appointment of replacement to fulfill the unexpired term of for mer Register of Deeds
Ron Wyatt: This item will be considered at 7pm.
ANNOUNCEMENTS OF VACANCIES OCCURING ON BOARDS & COMMISSIONS
Child Fatality Prevention Team – 1 announcement
Troutman Board of Adjustment (ETJ) – 1 announcement
APPOINTMENTS TO BOARDS & COMMISSIONS
(None)
OLD BUSINESS
(None)
NEW BUSINESS
(None)
COUNTY MANAGER’S REPORT
County Manager Beth Jones provided an update on the following:
Fall/Winter Retreat will be held Friday and Saturday, February 12 & 13, 2021.
Typically, the Board holds separate retreats, however because of COVID they are being
combined.
Currently, there are 14,309 positive COVID cases, a 14.5% positive rate. Fifty-one
current hospitalizations and 178 deaths.
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February 2, 2021
Commissioner Houpe asked if the Fall/Winter Retreat could be held at Cooperative
Extension.
Jones and staff will look into changing the location and update the Board.
CLOSED SESSION
The Board entered into Closed Session at 6:05pm.
IREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
February 2, 2021
The Iredell County Board of Commissioners met in regular session on Tuesday, February
2, 2021at 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 Melissa Neader
Scottie Brown
Gene Houpe
Board Members Absent
Marvin Norman
Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County
Manager Susan Robertson, Assistant County Manager Joe Pierce, and Finance Director Debra
Cheek.
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
County Manager Beth Jones went over the following adjustments to the agenda:
Remove VIII.7 Request from Administration for approval of the Departmental
Strategic Goals.
Add Announcement of Vacancy: Town of Troutman ETJ – 1 announcement
MOTION by Commissioner Brown to approve the agenda as presented.
VOTING: Ayes – 5; Nays – 0
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February 2, 2021
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
Recognition of Iredell County Public Library Employees for Awards Received from
the NC Public Library Directors Association in December 2020: The NC Public Library
Directors Association held its annual Awards Banquet virtually on Thursday, December 10, 2020,
and the Iredell County Public Library received awards for each of its two submissions. Iredell
County Public Library received the Staff Development Award for Medium Library for its Staff
Professional Development Curriculum and the Literacy Award for Medium Library for its Express
Books program.
Chairman Mallory presented awards to Library Director Juli Moore, Amanda Cain,
Mardi Durham Tayler Kiser, and Jenny Levins.
Commissioner Brown expressed appreciation to the Library staff for their hard work.
APPOINTMENTS BEFORE THE BOARD
PUBLIC HEARINGS
Chairman Mallory explained the Board is unable vote on public hearings because of the
current Executive Order in place. The Board will conduct the public hearing and vote on the
matter at their February 16, 2021 meeting.
Public hearing to consider a request from applicants Lee & Amanda Levandowski,
representing Charlotte Ski Boats, to rezone approximately 2 acres along Beech Tree Road:
Planning Director Matthew Todd said the applicants are requesting to change the current
Residential Agricultural (RA) and Neighborhood Business (NB) zoning designation to Highway
Business Conditional District. The conditions are limited specifically for boat sales, storage, repair,
ATV sales, service and repair. Todd said the conditions also match the property directly to the
south. Staff supports the request because it matches the 2030 Horizon Plan, surrounded by existing
commercial use and the conditions are consistent with the surrounding property. Todd noted if the
rezoning is approved, the property would no longer be split zoned.
Chairman Mallory opened the public hearing.
No one wished to speak.
Chairman Mallory closed the public hearing.
The Board will vote on the rezoning at the February 16, 2021 meeting.
Iredell County
PLANNING & DEVELOPMENT
PLANNING STAFF REPORT
REZONING CASE # 2101-1
STAFF PROJECT CONTACT: Leslie M. Meadows
EXPLANATION OF THE REQUEST
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February 2, 2021
This is a request to rezone a split-zoned parcel of land, at the corner of Beech Tree Road
and Blume Road (off Brawley School Road), approximately 2 acres, from Residential
Agricultural/Neighborhood Business (RA/NB) to Highway Business Conditional District
(HBCD). This request is conditional per the submitted application, and will be limited by
allowing for only specific HB uses as attached to the request.
OWNER/APPLICANT
OWNER: JT Brown Heirs
APPLICANT: Lee & Amanda Levandowski, Charlotte Ski Boats
PROPERTY INFORMATION
ADDRESS/LOCATION:
105 Beech Tree Road, Corner of Beech Tree
Road and Blume Road, off Brawley School
Road. More specifically, PIN
4636277620.000.
SURROUNDING LAND USE: There are a
variety of NB, HB, and GB uses to the south,
east, and southwest. However, properties
directly to the north are residential in nature.
SIZE: The total acreage to be rezoned
includes approximately 2 acres.
EXISTING LAND USE: Vacant, besides an abandoned SFD, built in 1969, that will be
removed. Otherwise, heavily wooded.
ZONING HISTORY: The property has been split-zoned, Residential Agricultural (RA) to the
rear, and the front portion Neighborhood Business (NB), since county-wide zoning was
established in 1990.
OTHER JURISDICTIONAL INFORMATION: The property is just outside of the Town of
Mooresville’s Long-Range Urban Service Area, to the southwest. The Town of Mooresville
was made aware, and seems to agree the request appears to be consistent with most
of the existing surrounding development.
OTHER SITE CHARACTERISTICS: This property is located within the regulated WS-IV-CA
Critical Watershed Area for Catawba/Lake Norman. Proposed new development will be
limited to the Non-Residential Low Density Option for 24% built-upon area. The Non-
Residential High Density Option is not an option along Brawley School Road in the
County’s jurisdiction. The property is not located in a flood hazard zone.
UTILITIES: This site is currently served by well and septic, but could have access to pu blic
utilities through the Town of Mooresville.
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February 2, 2021
IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES
TRAFFIC: Beech Tree Road is not considered a major or minor thoroughfare according to
the current CRTPO Comprehensive Transportation Plan. Thus, traffic capacities are
unknown. The closest and most recent traffic count, east of the property along Brawley
School Road, had a traffic count of 26,000 vehicles per day in 2016. The speed limit along
this section of Beech Tree Road is 30 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.
REQUIRED REVIEWS BY OTHER AGENCIES
LOCAL: The applicant must provide a site plan to the Planning & Development
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 Charlotte Ski Boats, a premier boat
dealership that offers a variety of marine products. Future plans include use of a portion
of the property in question for additional outdoor storage of boats. Note that this is a
conditional rezoning and specific conditions imposed as part of the application are as
follows:
1.) Only the following specific HB uses shall be permitted: Boat Dealer – Sales,
Services, and Repairs, Motorcycle/ATV – Sales and Services, General Office
Space.
It is noted that these conditions, limiting the site to very specific and limited HB uses, are
the same conditions agreed upon for Charlotte Ski Boats’ existing boat lot located just to
the southwest of this property, HBCD Case#: 1608-1. Thus, the adjoining properties will
have consistent conditions zoning-wise, and this split-zoned property will be brought
under one zoning district.
Being relatively adjacent to Brawley School Road, the parcel in question is inside what
the 2030 Horizon Plan calls the Corridor Commercial area. Corridor Commercial areas
include existing commercial, office, and/or retail uses that exist along major
thoroughfares and highways or areas that will include commercial development in the
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February 2, 2021
future, and can contain both large and small mixed-use commercial centers. These
areas are both within and outside the Iredell County Urban Service Areas. They may be
serviced by and incorporated into one of the municipalities at some point in the future.
According to the plan, commercial uses within this area generally should include retail,
restaurants, entertainment centers, automobile services, personal services, other
commercial uses, and office developments.
The Planning staff can support the proposed rezoning request based on the following:
The property lies within the 2030 Horizon Plan Corridor Commercial area, it is surroun ded
by various existing commercial uses, the conditions of the request are consistent with
surroundings, and the property will no longer be split-zoned.
PUBLIC INPUT MEETING: A public input meeting was held on Thursday, November 12th,
2020 from 5:30pm - 6:30 pm at Charlotte Ski Boats on Brawley School Road. No
surrounding property owners from the area chose to attend. Staff members were present
to hear their proposal and ask questions about future development. A copy of the
applicant’s summary of said public input meeting has been included at the end of this
report.
SITE REVIEW COMMITTEE: Staff visited site on December 18, 2020.
PLANNING BOARD ACTION: On January 6, 2021, the Planning Board held a public
meeting to hear the rezoning request. The applicant presented a vision board rendering
of the proposed boat storage lot. No neighboring landowners present commented in
opposition. The board voted 8-0 to recommend approval of the rezoning.
Public hearing to consider a request from owner/applicants Clifton & Barbara
Benge and Gary & Christine Edwards, to rezone approximately 1.3 acres along West
Memorial Highway: Planning Director Matthew Todd said the applicants are requesting to
rezone the property from Residential Agricultural (RA) to General Business. Staff supports the
request as the 2030 Horizon Plan identifies the property as Interchange Commercial. The
property is currently surrounded by General Business uses and traffic impacts should not exceed
road capacity.
Chairman Mallory opened the public hearing.
No one wished to speak.
Chairman Mallory closed the public hearing.
The Board will vote on the rezoning at the February 16, 2021 meeting.
Iredell County
PLANNING & DEVELOPMENT
PLANNING STAFF REPORT
REZONING CASE # 2101-2
STAFF PROJECT CONTACT: Leslie M. Meadows
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February 2, 2021
EXPLANATION OF THE REQUEST
This is a request to rezone an approximately 1.3 acre property in Union Grove, along West
Memorial Highway, from Residential Agricultural (RA) to General Business (GB). This is a
straight rezoning and no conditions are proposed at this time.
OWNER/APPLICANT
OWNER/APPLICANT(S): Clifton & Barbara Benge and Gary & Christine Edwards
PROPERTY INFORMATION
ADDRESS/LOCATION:
1511 West Memorial Highway; more specifically,
PIN 4852572506.
SURROUNDING LAND USE:
There are GB commercial uses directly
surrounding the site. To the north are residential
agricultural lands.
SIZE:
The total acreage to be rezoned is approximately
1.3 acres.
EXISTING LAND USE: The parcel recently became
vacant. The property formerly contained a manufactured home, which has been
removed.
ZONING HISTORY: This property has been zoned Residential Agricultural (RA) since county-
wide zoning was established in 1990.
OTHER JURISDICTIONAL INFORMATION: This rural property is located entirely within the
County’s jurisdiction, and is not in close proximity to any municipal Urban Service Area.
OTHER SITE CHARACTERISTICS: The rear portion of this property is not located within a
regulated Watershed Area. However, the front half falls within the Hunting Creek WS -III-
Balance of Watershed Area, which allows for 70% built upon area, with only 12% after
10% built upon (10/70 Rule). The property is not located in a flood hazard zone.
UTILITIES: Iredell Water Corporation, as well as, well and septic options would currently
serve this site.
IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES
TRAFFIC: The closest traffic count along West Memorial Highway is to the east near the
on/off ramp for I-77, which had a traffic count of 5,700 vehicles per day in 2018.
According to the Comprehensive Transportation Plan 2008 Study Report for Iredell
County, the capacity for this section of West Memorial Highway is approximately 13,800
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February 2, 2021
vehicles per day through the year 2030. The speed limit along this portion of West
Memorial Highway is 50 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.
REQUIRED REVIEWS BY OTHER AGENCIES
LOCAL: The applicant must provide a site plan to the Planning & Development
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 is requesting a straight commercial rezoning of the
vacant parcel to allow for all General Business uses. Various other GB properties already
surround this property. Most recently, in December 2020, a portion of the adjoining
property to the west was rezoned to straight GB. Thus, rezoning the property in question
would primarily bring uniformity to an existing block of GB district. Also, the relatively small
size of the property would aid in limiting some of the more intensive GB uses.
Being just off I-77, the site is highly visible, and along such a major thoroughfare/highway.
This property is within what the 2030 Horizon Plan calls a Highway Interchange
Commercial area. 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. Instead, developments should be designed to provide greater connectivity
within and to adjacent developments; pedestrian access should be a priority, and
landscaping, signage, and building design and orientation should be consistent within
individual developments. 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.
The Planning staff can support the proposed rezoning request based on the following:
The property is within the Highway Interchange Commercial corridor according to the
2030 Horizon Plan, it is surrounded by various existing GB commercial properties, and
traffic impacts should not exceed road capacity.
SITE REVIEW COMMITTEE: Staff visited site on December 18, 2020.
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February 2, 2021
PLANNING BOARD ACTION: On January 6, 2021, the Planning Board held a public
meeting to hear the rezoning request. Applicant Clifton Benge was present to answer
any questions the board had. No neighboring landowners attended. The board voted
8-0 to recommend approval of the rezoning.
ADMINISTRATIVE MATTERS
Request from the Finance Department for approval to adopt a resolution directing
the filing of an application with the Local Government Commission for an installment
financing agreement for school improvements and call for a Public Hearing on February 16,
2021: Finance Director Deb Cheek said staff is starting to apply for installment financing for
Iredell Statesville Schools and requested approval of a resolution directing the filing of an
application with the Local Government Commission and call for a Public Hearing on February 16,
2021.
Chairman Mallory said, “RESOLUTION DIRECTING THE FILING OF AN
APPLICATION WITH THE NORTH CAROLINA LOCAL GOVENRMENT COMMISSION
OF AN INSTALLMENT FINANCING AGREEMENT TO FINANCE SCHOOL
IMPROVEMENTS AND MAKING CERTAIN FINDINGS; CALLING A PUBLIC HEARING
IN CONNECTION WITH THE AGREEMENT AND THE TRANSFER OF A PUBLIC
SCHOOL TO THE COUNTY FOR USE AS SECURITY FOR THE COUNTY’S
OBLIGATIONS UNDER THE AGREEMENT; AND DECLARING THE COUNTY’S INTENT
TO REIMBURSE CERTAIN EXPENDITURES FROM FUNDS BORROWED UNDER THE
AGREEMENT.”
Cheek said the resolution for the acquisition and installment of certain energy
conservation measures including, but not limited to, LED lighting. Acquisition and installment of
certain HVAC improvements including, but not limited to HVAC control upgrades. Acquisition
and installation of various indoor air quality upgrades. Approval of the resolution also recognizes
that the School Board has determined to convey the site of the Career Academy & Technical
School in Troutman, NC to be collateral for the project. A public hearing on the agreement and
proposed conveyance of the school site by the School Board to the County is required. Cheek
requested a public hearing be held February 16, 2021 at 7pm. In addition, the resolution
expresses the County’s intent to reimburse expenditures with the proceeds of the tax exempt debt
prior to or within 60 days of payment of the expenditures should be reimbursed and the School
Board intends to advance their own funds in order to pay certain capital costs relating to the
project.
MOTION by Commissioner Houpe to approve a RESOLUTION DIRECTING THE FILING
OF AN APPLICATION WITH THE NORTH CAROLINA LOCAL GOVENRMENT COMMISSION OF
AN INSTALLMENT FINANCING AGREEMENT TO FINANCE SCHOOL IMPROVEMENTS AND
MAKING CERTAIN FINDINGS; CALLING A PUBLIC HEARING IN CONNECTION WITH THE
AGREEMENT AND THE TRANSFER OF A PUBLIC SCHOOL TO THE COUNTY FOR USE AS
SECURITY FOR THE COUNTY’S OBLIGATIONS UNDER THE AGREEMENT; AND DECLARING
THE COUNTY’S INTENT TO REIMBURSE CERTAIN EXPENDITURES FROM FUNDS
BORROWED UNDER THE AGREEMENT.
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February 2, 2021
VOTING: Ayes – 5; Nays – 0
Chairman Mallory said this is the first piece to engage in the financing for the requested
$8.8 million loan to be able to replace some air purifications systems, LED lighting, and some
control systems. Based on the presentations, the project in effect will pay for itself overtime. The
School System looks to be able to pay this back in five-years and possibly as short as three-years
depending upon the amount of savings and lottery proceeds.
The Board of Commissioners of the County of Iredell, North Carolina, held a regular meeting in
the Commissioners’ Meeting Room of the Iredell County Government Center located at 200 South Center
Street in Statesville, North Carolina, the regular place of meeting, at 7:00 p.m. on February 2, 2021. Certain
Commissioners participated by use of simultaneous communication pursuant to Section 166A-19.24 of the
North Carolina General Statutes.
Present: Chairman James B. Mallory III, presiding, Vice Chair Melissa Neader, Commissioner
Scottie Brown, Commissioner Gene Houpe, and Commissioner Marvin Norman (participating remotely).
Absent:
Also present: County Manager Beth Jones, County Attorney Lisa Valdez, Finance Director Deb
Cheek, and Clerk to the Board Amy Anderson.
* * * * *
Chairman James introduced the following resolution, the title of which was read and copies of
which had been distributed to each Commissioner:
RESOLUTION DIRECTING THE FILING OF AN APPLICATION WITH THE
NORTH CAROLINA LOCAL GOVENRMENT COMMISSION OF AN
INSTALLMENT FINANCING AGREEMENT TO FINANCE SCHOOL
IMPROVEMENTS AND MAKING CERTAIN FINDINGS; CALLING A PUBLIC
HEARING IN CONNECTION WITH THE AGREEMENT AND THE TRANSFER
OF A PUBLIC SCHOOL TO THE COUNTY FOR USE AS SECURITY FOR THE
COUNTY’S OBLIGATIONS UNDER THE AGREEMENT; AND DECLARING
THE COUNTY’S INTENT TO REIMBURSE CERTAIN EXPENDITURES FROM
FUNDS BORROWED UNDER THE AGREEMENT
Section 1. The Board of Commissioners (the “Board”) for the County of Iredell does hereby find
and determine as follows:
(a) The Iredell-Statesville Schools Board of Education (the “School Board”) is a local school
administrative unit for a public school system located in the County of Iredell, North Carolina (the
“County”), and the School Board has advised the County that there is a need for various improvements
related to its public school system to serve the citizens of the County in the area served by the School
Board.
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February 2, 2021
(b) The County is considering financing certain improvements to the public school system of the
School Board including the: (1) acquisition and installation of certain energy conservation measures,
including but not limited to LED lighting, (2) acquisition and installation of certain HVAC
improvements, including but not limited to HVAC control upgrades and (3) acquisition and installation of
various indoor air quality upgrades (collectively, the “Project”).
(c) The County is considering entering into an installment financing agreement with a financial
institution to be determined (the “Agreement”) pursuant to G.S. 160A-20 for the purpose of providing
funds in an amount not to exceed $8,865,000 for financing the costs of the Project, to be repaid with
interest thereon. The Agreement will be subject to the approval of the North Carolina Local Government
Commission and the Board has determined to authorize the staff of the County to apply to the Local
Government Commission for approval of the Agreement and has determined at this time to make certain
findings in support of such application.
(d) The School Board has determined to convey the site of the Career Academy and Technical
School in Troutman, North Carolina (the “School Site”), one of the schools to be improved by the Project,
the County pursuant to G.S. 153A-158.1. In order to secure the payment obligations of the County in
connection with the financing arrangements under an Agreement, the County will convey a Deed of Trust
on the School Site, together with any improvements or fixtures located or to be located thereon.
(e) In accordance with Sections 160A-20(g) and 153A-158.1(a) of the North Carolina General
Statutes, a public hearing on the Agreement and on the proposed conveyance of the School Site by the
School Board to the County is required.
(f) Section 1.150-2 of the Federal Treasury Regulations (the “Reimbursement Regulations”)
prescribes procedures regarding the reimbursement of certain expenditures by or on behalf of the County
from the proceeds of tax-exempt bonds or other obligations issued after the expenditures, including,
without limitation, a requirement that the County declare its official intent to reimburse the expenditures
with proceeds of the tax-exempt debt prior to, or within sixty (60) days of, payment of the expenditures to
be reimbursed; and the County or the School Board intends to advance their own funds in order to pay
certain capital costs (the “Original Expenditures”) relating to the Project.
Section 2. The Board hereby authorizes and approves the filing of an application with the Local
Government Commission for approval of the Agreement and requests the Local Government Commission
to approve of the Agreement and the proposed financing in connection therewith.
In connection with the application, the Board hereby finds:
(a) Entering into the Agreement is preferable to a general obligation bond and revenue bond issue
in that (i) the County does not have the constitutional authority to issue non-voted general obligation bonds
pursuant to Article V, Section 4 of the North Carolina Constitution because the County has not retired a
sufficient amount of debt in the preceding fiscal year to issue a sufficient amount of general obligation
bonds for the Project without an election; (ii) the nature of the Project is such that a revenue bond financing
under The State and Local Government Revenue Bond Act is not feasible; (iii) the cost of the Project
exceeds the amount to be prudently provided from currently available appropriations and unappropriated
fund balances; (iv) the circumstances existing require that funds be available to acquire the Project as soon
as practicable and the time required for holding an election for the issuance of voted general obligation
bonds pursuant to Article V, Section 4 of the North Carolina Constitution and the Local Government Bond
Act will delay the acquisition of the Project; and (v) proceeding with this financing arrangement will enable
the County to finance the acquisition cost in that current favorable interest rate environment.
(b) The cost of financing the Project through an installment financing agreement or other similar
arrangement is reasonably comparable to the costs of issuing gener al obligation bonds or notes or other
available methods of financing and is acceptable to the Board.
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February 2, 2021
(c) Counsel to the County will render an opinion to the effect that the proposed undertaking as
described above is authorized by law and is a purpose for which public funds may be expended pursuant to
the Constitution and laws of the State of North Carolina.
(d) The debt management policies of the County have been carried out in strict compliance with
law, and the County is not in default under any obligation for repayment of borrowed money.
(e) Any tax rate increase anticipated to be necessary to pay the payments due under the Agreement
will be reasonable.
(f) The County is not in default in any of its debt service obligations.
Section 3. The Board hereby fixes 7:00 p.m. on February 16, 2021 in the Commissioners’ Meeting
Room of the Iredell County Government Center located at 200 South Center Street in Statesville, North
Carolina, the regular place of meeting, as the hour, day and place for a public hearing on (a) the proposed
Agreement and (b) the acquisition of the School Site by the County for use by the Iredell-Statesville Schools
Board of Education for school purposes. The Board hereby directs the Clerk to said Board to publish notice
of such public hearing once in the Statesville Record & Landmark not later than the 10th day before said
date.
Section 4. The Board hereby declares the following:
(a) The County reasonably expects to reimburse itself for the Original Expenditures from the
proceeds of debt to be incurred by the County under the Agreement.
(b) $8,865,000 is the maximum principal amount of debt expected to be incurred for the purpose
of paying the costs of the Project.
(c) This declaration of official intent is made pursuant to Section 1.150-2 of the Treasury
Regulations to expressly declare the official intent of the County to reimburse itself from the proceeds of
debt to be hereinafter incurred by the County for certain expenditures paid by the County on or after the
date which is sixty (60) days prior to the date hereof.
(e) The funds heretofore advanced or to be advanced by the County to pay the Original
Expenditures are or will be available only on a temporary basis, and do not consist of funds that were
otherwise earmarked or intended to be used by the County to permanently finance the Original
Expenditures.
(f) All Original Expenditures to be reimbursed by the County were paid no more than sixty (60)
days prior to, or will be paid on or after the date of, this declaration of official intent, except with respect
to certain amounts incurred before such 60-day period not exceeding 20% of the issue price of the
proceeds of the debt to be hereinafter incurred which are expended for “preliminary expenditures” within
the meaning of Section 1.150-2 of the Treasury Regulations (the “Preliminary Expenditures”). The
County understands that, except for the Preliminary Expenditures, such reimbursement must occur not
later than eighteen (18) months after the later of (a) the date the Original Expenditures were paid and (b)
the date the Project is placed in service or abandoned, but in no event more than three (3) years after the
Original Expenditures were paid.
Section 5. This resolution shall take effect upon its adoption.
Upon motion of Commissioner Gene Houpe the foregoing resolution entitled “RESOLUTION
DIRECTING THE FILING OF AN APPLICATION WITH THE NORTH CAROLINA LOCAL
GOVENRMENT COMMISSION OF AN INSTALLMENT FINANCING AGREEMENT TO FINANCE
SCHOOL IMPROVEMENTS AND MAKING CERTAIN FINDINGS; CALLING A PUBLIC
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February 2, 2021
HEARING IN CONNECTION WITH THE AGREEMENT AND THE TRANSFER OF A PUBLIC
SCHOOL TO THE COUNTY FOR USE AS SECURITY FOR THE COUNTY’S OBLIGATIONS
UNDER THE AGREEMENT; AND DECLARING THE COUNTY’S INTENT TO REIMBURSE
CERTAIN EXPENDITURES FROM FUNDS BORROWED UNDER THE AGREEMENT” was
adopted by the following vote:
Ayes: Mallory, Neader, Brown, Houpe, and Norman.
Noes:
* * * * * *
VIII.8 Appointment of replacement to fulfill the unexpired term of for mer Register
of Deeds Ron Wyatt: County Manager Beth Jones said the Republican Party’s Executive
Committee met January 25, 2021 and voted to recommend Maureen Purcell fulfill the unexpired
term of Ron Wyatt.
Chairman Mallory said the Register of Deeds office was previously held by Ron Wyatt
was vacated in early January. He is now serving as the Town Manager for the Town of Troutman.
The Iredell County Republican Party Executive Committee met within the prescribed time and
provided the recommendation of Maureen Purcell to fill the vacancy.
Chairman Mallory read from NC General Statute 161-5, “When a vacancy occurs from any
cause in the office of register of deeds, the board of county commissioners shall fill such vacancy
by the appointment of a successor for the unexpired term, who shall qualify and give bond as
required by law. If the register of deeds was elected as the nominee of a political party, the board
of county commissioners shall consult the county executive committee of that political party before
filling the vacancy and shall appoint the person recommended by that committee, if the party
makes a recommendation within 30 days of the occurrence of the vacancy.”
MOTION by Commissioner Houpe to appoint Maureen P. Purcell to finish the unexpired
term of Ron “Duck” Wyatt.”
VOTING: Ayes – 5; Nays – 0
Chairman Mallory congratulated Purcell on her capacity. She will be sworn-in at such time
as the seal that is required in order to official validate documents is produced and available to the
staff.
County Manager Beth Jones summarized the following Administrative Matters during the
Pre-Agenda meeting held at 5pm:
Request from the Sheriff's Office for approval of Budget Amendment #36 to purchase a
new lake patrol boat using Federal Equity Sharing Funds.
Request from the Health Department for approval of budget amendment #33 for COVID -
19 Vaccination Program Funding in the amount of $65,922.
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February 2, 2021
Request from Health Department for approval of budget amendment #34 for Epidemiology
and Laboratory Capacity Enhancing Detection Activities Grant in the amount of $140,798.
Request from Tax Administration to report on Unpaid Taxes that are Liens on Real
Property and set advertising date.
Request from the Finance Department for approval to adopt a resolution directing the filing
of an application with the Local Government Commission for an installment financing
agreement for school improvements and call for a Public Hearing on February 16, 2021.
Request from the Finance Department for approval of budget amendment #35 for the
Governor's Crime Commission Grant in the amount of $23,961.
Request from Administration for approval of Departmental Strategic Goals.
MOTION by Vice Chair Neader to approve the consent agenda.
VOTING: Ayes – 5; Nays – 0
ANNOUNCEMENTS OF VACANCIES ON BOARDS & COMMISSIONS
Child Fatality Prevention Team – 1 announcement
Troutman Board of Adjustment (ETJ) – 1 announcement
APPOINTMENTS TO BOARDS & COMMISSIONS
(None)
UNFINISHED BUSINESS
(None)
PUBLIC COMMENT PERIOD
(None)
NEW BUSINESS
COUNTY MANANGERS REPORT
County Manager Beth Jones provided an update on the following:
The Fall/Winter Retreat will be held Friday (8am – 5pm) and Saturday (8am – 12pm),
February 12 & 13, 2021. Typically, the Board holds separate retreats, however because of
COVID they are being combined. Jones said it was recommended by the Board to look
into moving the retreat to Cooperative Extension. Staff will make sure that facility is
available.
Currently, there are 14,309 positive COVID cases, a 14.5% positive rate. Fifty-one current
hospitalizations and 178 deaths.
CLOSED SESSION
At 7:42PM, the Board entered into Closed Session for Personnel G.S.143-318.11 (a) (6).
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February 2, 2021
Upon the return from Closed Session:
MOTION by Commissioner Brown to set the salary of newly appointed Register of Deeds
Maureen Purcell at $60,000 per year with cell phone allowance of $720 per year (or the use of a
county-issued cell phone), and a travel allowance of $8,000.
VOTING: Ayes – 5; Nays – 0
ADJOURNMENT
MOTION by Commissioner Brown to adjourn at 7:58pm. The Board will meet for a
regular meeting Tuesday, February 16, 2021 at 5pm in the Commissioners’ Meeting Room,
Government Center, 200 South Center Street, Statesville, NC.
VOTING: Ayes – 5; Nays – 0
__________________________________ ___________________________________
Date Approved Amy B. Anderson, Clerk