Loading...
HomeMy WebLinkAbout3-16-2021 1 March 16, 2021 IREDELL COUNTY BOARD OF COMMISSIONERS PRE-AGENDA SESSION March 16, 2021 The Iredell County Board of Commissioners met in pre-agenda session on Tuesday, March 16, 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, 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 adjustment to the agenda. ADD: Property Acquisition 143-318.11 (a) (5) ADMINISTRATIVE MATTERS Consideration of a request from owner/applicant Fred W. Blake for expansion of a non-conforming use, B&I Heating and Air, located at 358 Triplett Road: County Manager Beth Jones explained a public hearing was held for this matter on March 2, 2021 and there were no comments received during or after the public hearing. Commissioner Houpe asked if this item needed to be moved to the 7pm meeting. County Attorney Lisa Valdez explained the matter could be placed on consent as the motion does not include a consistency statement. This item was placed on consent. Iredell County PLANNING AND DEVELOPMENT PLANNING STAFF REPORT Expansion of Non-Conforming Use B&I Heating and Air STAFF PROJECT CONTACT: Leslie Meadows EXPLANATION OF THE REQUEST 2 March 16, 2021 Legal non-conforming uses are allowed to expand per approval by the Iredell County Board of Commissioners. This is a request to allow expansion of an existing legal non- conforming HVAC contractor’s facility within a Residential Agricultural (RA) District p er the submitted preliminary site plan. The proposed site plan includes a 5,000 square foot warehouse addition for extra storage. OWNER/APPLICANT OWNER/APPLICANT: Fred W. Blake, CIB Realty LLC PROPERTY INFORMATION LOCATION: 358 Triplett Road, B & I Heating and Air; more specifically PIN 4772481840.000. SURROUNDING LAND USE: Residential (RA) development in all directions, with a few larger parcels of vacant land in agricultural use. SIZE: 2.578 Acres EXISTING LAND USE: There is an existing commercial HVAC contractor’s facility on the property. ZONING HISTORY: The property has been Residential Agricultural (RA) since countywide zoning in 1990. The initial legal non-conforming business/structure has been in existence since 1968. The Board of Adjustment approved a non-conforming Change of Use from auto repair business to HVAC contractor facility in 2011. Since then, B&I Heating and Air has had one 780 square foot addition, an Expansion of a Non-Conforming Use approved in 2016. TRAFFIC: The closest, most recent traffic count is near the intersection of US Hwy 70 and and Triplett Road and had a traffic count of 1,300 vehicles per day in 2010. Triplett Road is considered a minor thoroughfare according to the current CRTPO Comprehensive Transportation Plan. Thus, traffic capacity for this road is not currently being monitored. The speed limit along this section of Triplett Road is 45 mph. REQUIREMENTS The Iredell County Zoning Ordinance allows non-conforming uses to expand based upon the consideration of criteria outlined below: a. The enlargement will NOT cause substantial harm to the adjoining property owners. b. The enlargement will NOT result in traffic increases beyond the capacity of the roads serving said use. 3 March 16, 2021 c. The enlargement will NOT result in emission of smoke, fumes, noise, odor, or dust which will be detrimental to the character of the district or to the health, safety, or general welfare of the community. d. The enlargement will maintain all minimum setbacks and buffer requirements of the use district in which said use would be permitted. Section 15.4 of the Iredell County Land Development Code provides the above- referenced criteria that must be considered for an applicant to expand a non - conforming use. All aspects may be evaluated in light of location of the property and the submitted site plan showing the existing facilities and proposed expansion. STAFF COMMENTS STAFF COMMENTS: Staff is recommending in favor of the request and feels that based upon the submitted site plan and history of the operation that an expansion would not negatively impact adjoining residential properties and meets all criteria for an expansion of a non-conforming use. According to the preliminary site plan submitted, the new warehouse structure will be behind the existing building, and most closely adjoins open farmland. Traffic into the site is not expected to increase. The expansion of a non - conforming use is preferred to a rezoning request for avoidance of potential spot zoning. Any future expansions would need to be evaluated by the Board. If approval for expansion of the non-conforming use is granted, it is noted that the applicant must still submit a commercial site plan for Planning Department review, before development can begin on the property. Zoning requirements such as parking, landscaping, and buffering/screening will be reviewed at such time. Erosion and sedimentation control standards must also be reviewed for compliance. SITE REVIEW COMMITTEE: Staff performed a site visit on January 15, 2021, accompanied by Planning Board members: Raymond Burnette, Andy Webster, and Ronda Hoke. PLANNING BOARD ACTION: On February 3, 2021, the Planning Board held a public hearing to consider the request for non-conformity expansion. The owner/applicant was present to answer any questions. No one spoke in opposition to the request. The board voted 9-0 to recommend in favor of said expansion. Request from the Finance Department for consideration of and approval to lease office space to the US Department of Agriculture: Finance Director Deb Cheek explained that prior to 2010, the County began leasing 400 square feet of office space in the Bristol Drive Agriculture Center to the US Dept. of Agriculture/Animal & Plant Health Inspection Service/Wildlife Services (USDA/APHIS/WS) to allow collaboration on wildlife damage issues in the County. The relationship has been successful and the use agreement has been renewed annually for several years. Cheek requested approval a three-year agreement, with 1-year auto- renewal to alleviate the annual burden of actively renewing the agreement. 4 March 16, 2021 The original use agreement called for an annual amount of $2,990.40, paid quarterly to reimburse their share of utilities, janitorial and general use. This amount continues to cover expenses and, in the spirit of the original use agreement, no increase is being recommended at this time. This item was placed on consent. Request from the Finance Department for approval of a resolution authorizing the execution and delivery of an installment financing agreement, a deed of trust and related documents including a lease agreement in connection with the financing of various school improvements by the County of Iredell, North Carolina and approv e the capital project ordinance: Finance Director Deb Cheek explained the resolution gives authority to her, Chairman Mallory, and the Clerk to the Board the ability to execute the closing documents on the financing being pursued by Iredell-Statesville Schools. Cheek also requested approval of the Capital Project Ordinance for the project. Chairman Mallory said this project has been before the Board during various stages. Cheek noted bids were taken recently and the County locked in rate of .89. Chairman Mallory commended Cheek and staff for acquiring such an excellent rate. This item was placed on consent. Request from the City of Statesville for approval of a Utility Easement at the Iredell County Government Center: Project Manager David Saleeby explained that The City of Statesville is cleaning up the electrical utility circuits on the South and West sides of the Iredell County Government Center Property. To accomplish this work, underground primary electrical lines will need to be directionally bored under the parking lot area of the Government Center Annex (See exhibit A). A utility easement is needed to be granted to the City of Statesvil le to allow them to do the work and maintain the underground primary lines. Underground electrical lines are already feeding the Government Center main building from a Meeting Street location. The new lines will provide an updated electrical feeder service to the Iredell County Government Center Annex and provide a more aesthetically pleasing view of the rear of businesses on South Center Street and Old Vance Hotel area. The easement would be at no cost to the County. Chairman Mallory asked if the project will impact the planned demo of the old file building and handicap accessible parking. Saleeby said no. Commissioner Houpe asked if the easement has a notice provision. Valdez said it has a notice when the County switches off what is on the pole but does not have a requirement to provide the County notice. Typically, the City would provide notice. Commissioner Houpe asked if that should be a requirement. Valdez said that requirement can be added without it being included in the easement. 5 March 16, 2021 Commissioner Houpe asked to make sure the County is covered in that regard. Saleeby noted if there is a fault in the line there will be no power in the Government Center or the Annex. This item was placed on consent. Request from Administration for approval of budget amendment #39 for the Government Center Drainage and Waterproofing Project Contract: Project Manager David Saleeby said Several years ago the County began a phased approach to restore and renovate the 1898 Iredell County Historical Courthouse (currently the Government Center). Phase one was the roofing project. The 1-year project completely rebuilt and waterproofed the upper area of the structure and reattached portico to the main. Phase 2U (Underground drainage and water proofing) will water proof and rebuilding the foundation of the building. Phase 2U will reinforce and rebuild the areas of the foundation which has eroded over time because of water intrusion into the lower level of the Government Center, the new foundation walls will be water proofed and a foundation drain system will be installed. A storm water system will be constructed around the building which will covey the water from the roof drains, foundation drains and site storm water from the County's property into the City of Statesville's storm water system on West Front Street. Saleeby anticipates the project to take 280-300 day, with good weather. Logistically, access to the building has to be provided and that will require some ramp building. Once that side of the project is complete, a ramp will be built on the other side. Through the County's bidding and contract processes, formal bids were received on February 9, 2021. Saleeby requested approval to authorize the County Manager to accept and sign a contract with Dreambuilt Construction for $878,845.00. Additionally, to approval Budget Amendment #39 to appropriate funds from Capital Improvements to the Facility Improvement Fund in the amount of $1,091,340 to cover the contract, special testing, ADA ramping, street light removal and reinstallation, and contingency. Jones noted the money is already budgeted in the Capital Improvement Plan. This was a planned project. Commissioner Houpe requested copies of the estimates of phase 1 and the end numbers on phase 1. He also requested that the Board keep abreast on how phase 2 is going. Chairman Mallory asked if the brick that is deteriorated will be replaced. Saleeby explained the next project would be to renovate the windows and the next is to repoint and treat all of the brick. Once that is done the exterior of the Government Center will be buttoned up. If the water intrusion is stopped the repointing of the brick c an be done anytime on the inside. This item was placed on consent. Request from Tax Administration for approval of February 2021 Refunds and Releases: This item was placed on consent. 6 March 16, 2021 Request from Clerk to the Board for approval of minutes from the meeting on March 2, 2021: There were no additions or corrections. This item was placed on consent. ANNOUNCEMENTS OF VACANCIES OCCURING ON BOARDS & COMMISSIONS (None) 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: • COVID19: 16,894 positive cases, 206 deaths, 28,585 first dose vaccines have been administered (15.7%), 19,103 second doses have been administered (10.5%) • Vaccinations clinics are still being offered throughout the County. Commissioner Brown asked about vaccines for homebound patients. Jones said the County is unable to provide house calls for vaccines however the EMS Community Paramedic Program is assisting individuals on how to receive the vaccine. CLOSED SESSION The Board entered into Closed Session at 5:44PM. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES March 16, 2021 The Iredell County Board of Commissioners met in regular session on Tuesday, March 16, 2021 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 Melissa Neader Scottie Brown Gene Houpe 7 March 16, 2021 Board Members Participating Remotely Marvin Norman Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County Manager Susan Robertson, 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 County Manager Beth Jones went over the following adjustment to the agenda: ADD: Property Acquisition 143-318.11 (a) (5) MOTION by Commissioner Brown to approve the agenda as presented. VOTING: Ayes – 5; Nays – 0 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS (None) APPOINTMENTS BEFORE THE BOARD (None) PUBLIC HEARINGS (None) ADMINISTRATIVE MATTERS County Manager Beth Jones summarized the following Administrative Matters during the Pre-Agenda meeting held at 5pm: • Consideration of a request from owner/applicant Fred W. Blake for expansion of a non- conforming use, B&I Heating and Air, located at 358 Triplett Road. Motion to approve the request for expansion of the non-conforming use and to advise that it meets the criteria of Non-Conforming Uses, Section 15.4, of the Iredell County Land Development Code. • Request from the Finance Department for consideration of and approval to lease office space to the US Department of Agriculture. • Request from the Finance Department for approval of a resolution authorizing the execution and delivery of an installment financing agreement, a deed of trust and related documents including a lease agreement in connection with the financing of various school improvements by the County of Iredell, North Carolina and approve the capital project ordinance. 8 March 16, 2021 • Request from the City of Statesville for approval of a Utility Easement at the Iredell County Government Center. • Request from Administration for approval of budget amendment #39 for the Government Center Drainage and Waterproofing Project Contract. • Request from Tax Administration for approval of February 2021 Refunds and Releases. • Request from Clerk to the Board for approval of minutes from the meeting on March 2, 2021. MOTION by Commissioner Houpe to approve the consent agenda. VOTING: Ayes – 5; Nays – 0 ANNOUNCEMENTS OF VACANCIES ON BOARDS & COMMISSIONS (None) APPOINTMENTS TO BOARDS & COMMISSIONS (None) UNFINISHED BUSINESS (None) PUBLIC COMMENT PERIOD Chairman Mallory said, “The Iredell County Board of Commissioners is not moving the Confederate Monument. The Resolution adopted by this Board on March 2, 2021 authorized discussions with the necessary parties to relocate the monument by mutual agreement. Based on County records, we believe that the Confed erate memorial monument is owned by the United Daughters of the Confederacy. We have received notice on March 8, 2021 from the local chapter of the United Daughters of the Confederacy that they reject the resolution and desire the monument to remain in place. Therefore, in the absence of a legal agreement pursuant to the requirements of NCGS 100-2.1, the Iredell County Board of Commissioners will be taking no action to relocate the Confederate Monument.” Beverly Maurice 211 Vine Street, representing the Iredell Clergy for Healing and Justice, Inc., said the group remain strongly opposed to not removing the statue. Maurice read, “Oppressed people cannot remain oppressed forever. The present struggle in the country is a later chapter in the same unfolding story. Now is the time to make justice a reality for all of God’s children. Maurice said the County must not allow people to have the physical burden shoved in their face day after day after day, that tax pay dollars pay for this to be shoved in their face. The monument needs to be put somewhere respected, but out of site. Alicia Standish, 150 Ashford Drive, explained she originally planned to thank the Board for their dedication and passion shown during the last meeting when the monument was brought to the table. It was very clear what the Board voted on – the statue would be moved and the Board was looking for input from the other two parties. Standish said the Board contradicted themselves after the meeting. The Confederate group has threatened the Board and Times 4 Change. According to State Statute, if the County does not own the statue they have a right to demand it be moved. She said KKK literature has been issued around the County. 9 March 16, 2021 Sierra Patterson said she originally planned to support the Board in deciding to move the confederate and listening to the cries of the citizens, however shared displeasure in the Board’s decision to not move the monument. Rev. Steve Shoemaker, 410 Glen Eagles Road, shared his deep roots in the community. Shoemaker shared support of relocating the Confederate Monument. The monument has served a defense of the confederacy and its’ cause as the inscription on it makes clear. The monument causes anguish to people of color in the community and moral distress for others in community regardless of race or religion. Doris Allison shared concern over the different stories regarding the vote on the resolution. Every person has a right. When the Board makes a vote, they should stick to that vote and do right. This is greater than one group of people because you are dealing with a community. Allison urged everyone to unite and reason together to do what is needed to preserve the City and County. She also shared displeasure over the decision not to move the monument. Beth Kendall, 222 Aniston Way, said the Board’s resolve on the monument has gone sideways since the last meeting. What happened is a classic example of trying to have things both ways. Kendall urged the Board to be leaders and find a solution. The Civil War is a part of heritage and it is more nuance than that but the Civil War pitting Americans against Americans is not to be celebrated. The view at that time of African Americans is less is a relic of history and everyone knows better now. Buddy Hemrick, spoke in favor of the confederate monument because it is a part of history and represents 600 men from Iredell County that lost their lives. Hemrick then read Proverbs 22:28 “Remove not the ancient landmark, which thy fathers have set.” Christine Harvey, 3970 Taylorsville Highway, started with the Lord’s Prayer. She said groups are being alienated because they believe in preserving history. People are being followed because of supporting the monument. Harvey suggested a monument honoring a Civil Rights Leader. Donnie Bradley spoke in favor of the monument. Tommy Hamel said the KKK propaganda is a fraud. He urged the Board to stop playing the fence and take a stand. Kimberly Clarke said history repeats itself if the steps aren’t taken to prevent it. Commissioner Houpe said, “I’d like to thank everyone for coming and I’d like to clarify some misunderstandings here tonight. I’d like to thank the Clergy for their prayers and all of the citizens for coming and getting this clarification. On March 2, we were given a resolution that asked for our vote that would help the Confederate groups…there were three contingencies in the resolution: to help pay to move it. We were told there was interest from City Council and Sons and Daughters of the Confederacy to move the monument. We voted to help pay if that was true. Since then, on March 4 and 8, notification was sent to us by the Sons and Daughters of the Confederacy that they had no desire to pre-emptively move the monument. The resolution is now dormant. None of us that voted for that resolution flipped flop. I clarified in the meeting on March 2, that I have never been in support of moving the monument and I don’t think you should move it. I am going to read the same thing I read on March 2. ‘History is not there for you to like or dislike. It is 10 March 16, 2021 there for you to learn from it. If it offends you then even better, because then we are less likely to repeat it. It is not yours to erase. It belongs to all of us.’ Proverbs 22:28 ‘Do not remove ancient landmarks which our fathers have set.’ We all have to learn to live together. For the last two weeks we have clarified this resolution. For the record in front of our board and you guys, the resolution only was to move the monument if the owners, who we thought were the Sons or Daughters of the Confederacy wanted to move it. They don’t want to. It was not a unilateral motion to move the statue no matter what. It was not. I even went back after the Manager’s Report and clarified that comment. I have friends on the Sons and Daughters of the Confederacy, we thought they wanted to move it. I voted to support the resolution because I wanted to support them if that is what they wanted. If they decided they wanted to move it that is what our vote was. To help them pay for that to happen. We did not vote to unilaterally move the monument. Period. I wanted to clarify that for the record. There has been no flip flopping. That is what the resolution said. There are three contingencies in it. The City didn’t need to take it up because one of the parties owns the statue. We don’t think the guy who accepted in 1905 had standing for the County. There is no evidence to that. I will make a motion tomorrow to accept it, if that is what the Sons and Daughters want us to do. Based on the statute from 2015, we are restricted if we own it, if it is to ever be moved. We can’t put it just anywhere if the County. If the Sons or Daughters own the statue and it is ever forced to be moved or their desire is to move it they have no limitations on where it can be moved. That is the difference between us owning it or them owning it. I am okay either way. Thank you for allowing me to clarify that. I understand your frustrations. I apologize for your frustrations and this situation that has been created, but hopefully tonight’s clarification resolves the misinformation. I’d like to address Beverly Maurice’s comment, to my knowledge, there has never been any public money spent on the monument. It has been maintained and cleaned by the Sons and Daughters of the Confederacy. She said we are spending tax payer dollars to keep up, maintain, or put the monument there. We’ve never done that. Just for clarification. Again, my vote on that day was to help them move it because we were told they were interested in relocating it. They’re not so it stays.” Commissioner Brown quoted Winston Churchill “A nation that forgets his past has no future.” Chairman Mallory said, “We are a nation of laws and believe in the rule of law. The restrictions of state statutes in regards to moving monuments is very tight and having been through eight months of public comments (pro and con), it was obvious that it not an issue that was going to fade away. I always had the assumption that the County owned the monument because it was in front of the courthouse (now the Government Center), but there is no record of the County having taken action to accept it as a gift. That opens up a very narrow window, if the parties as Commissioner Houpe said, that own it want to make sure they have some control over what may happen to it if they are willing to relocate it. The pertinent part of the statute states if the County owns it we can’t move it anywhere, with very limited exceptions. It does have a third-party ownership exception that is the whole statute is not applicable if an object of remembrance owned by a private party that is located on public property and is the subject of a legal agreement between the private party and the State or political subdivision of the State governing the removal or relocation of the object. So, if the Daughters of the Confederacy own the monument, which we believe they do, based on an analysis of our records, and desire relocating to a cemetery or Zebulon Vance House or another location then our resolution was to meet with them and facilitate that process if they were so inclined. As mentioned, they indicated they were not so inclined. That 11 March 16, 2021 means there is no mutual agreement to relocate it and the statute exception does not apply and we are governed by state statute that the monument remain exactly where it is. The opportunity was to simply say we have been hearing from folks for eight months and is there an opportunity to sit down and discuss other options. The Daughters of the Confederacy would be in the driver’s seat as far as what those options are. They chose not to avail themselves of that. And, that is fine. It means that the statute as it is written applies and we are not legally able to move it even if we wanted to. That is where we are. At this point, people are entitled to exercise their First Amendment freedoms. I want to commend everyone who spoke this evening because everyone articulated their positions in a heartfelt but respectful way. That is how we exercise our First Amendment rights in a democracy.” Commissioner Houpe said, “They are entitled to their own opinion, but not their own facts. Please again…Doris Allison is a colleague with the City of Statesville and others, when you did the resolution you did it. I want you to tell these people again like you have already that it was not a unilateral motion to move the statue are no conditions because there were three contingencies there. They are thinking we flip flopped out of pressure and we did not. Your resolution did not ever say that.” Chairman Mallory said, “I presented this. It was a motion that in preparation to almost the very day so it was not on the agenda. It was presented to other Commissioners, they didn’t have a lot of time to reflect on it, but I wanted to get it out there so there would not be a week or two weeks of rumors about what it was going to say. Because people would be heard, you are here tonight and have the opportunity to be heard for many months to come. I wanted to be proactive to see if we could, as a community, resolve the issue through discussion and engagement. I still encourage people to engage with respectfully understanding different prospective.” Commissioner Houpe said, “We have talked for months about considering another monument of some sort for all fallen veterans. I think that is a good compromise for the future. Sometimes intentions of the people are to just stir up issues. I support some type of monument for all fallen soldiers. We respect and ask for your opinion, but we don’t allow people to create their own facts. It was not a unilateral vote to move the monument. It was to assist the Sons and Daughters if they chose to do that. I apologize for the anger and confusion this has created. We serve you guys and we will continue serving. Unfortunately, we are not going to be able to please everyone all the time, but we can’t erase history. The statue will stay until we are made to move it or the owners want to move it.” NEW BUSINESS MOTION by Commissioner Brown to amend a prior motion regarding the scholarship program for baseball, to a total of $5,000 to be used up to 100% per kid, as a scholarship, for any age. VOTING: Ayes – 4; Nays – 1 Norman COUNTY MANANGERS REPORT County Manager Beth Jones provided an update on the following: 12 March 16, 2021 • COVID19: 16,894 positive cases, 206 deaths, 28,585 first dose vaccines have been administered (15.7%), 19,103 second doses have been administered (10.5%) • Vaccinations clinics are still being offered throughout the County. CLOSED SESSION Chairman Mallory said the Board held Closed Session after the pre-agenda meeting and there are no action items to report. ADJOURNMENT MOTION by Commissioner Brown to adjourn at 8:08pm. The Board will meet for a regular meeting Tuesday, April 6, 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