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HomeMy WebLinkAbout11-17-2020 1 November 17, 2020 IREDELL COUNTY BOARD OF COMMISSIONERS PRE-AGENDA MINUTES November 17, 2020 The Iredell County Board of Commissioners met in pre-agenda session on Tuesday, November 17, 2020 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 Thomas Bowles Gene Houpe Ken Robertson 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 additions to the agenda. Administrative Item VIII.13 Request to approve power of attorney for a border agent. New Business: Kent Greene will give an update on recent flooding. Appoint Commissioner Houpe to the 5310 Oversight Committee Announcement of Vacancies Occurring on Board & Committees: Two alternate positions will become vacant on the Planning Board in December 2020. ADMINISTRATIVE MATTERS Request from Iredell-Statesville Schools for approval to make application to the Local Government Commission to issue debt not to exceed $9,000,000: Finance Director Deb Cheek gave the following background on the proposed project. The project was initiated by Iredell - Statesville Schools. On August 11, 2020, staff met with Education Task Force, various school officials and ESG consulting firm. This presentation included Local Government Commission application of September 8 and approval on October 6. Cheek informed attendees at that meeting that the process could not move this quickly due to the occurring County’s annual audit. Special request have to be made before the audit begins to waiver from the County’s contractual October 31 deadline, and there are also required public hearings, resolutions, and similar. The Task force recommended that the school re-prioritize their capital outlay and move this to the top of the list. 2 November 17, 2020 On September 3, 2020 the school system reached back out to explain they would not be able to cover this project with capital outlay funds and this was actually a project for the FY22 budget. The school system reached out to LGC to inquire about Guaranteed Energy Savings Contracts at the County’s suggestion. It was determined by all parties that was not a viable option. On September 15, 2020, staff was told that rebates would be expiring and reached back out to the school system to confirm that rebates would be expiring in December. That was not the case but that rebates fluctuate. The schools will be able to apply for rebates as each school is completed. The school-system was confused over how this information was told to the Board. The County then reached out to financial advisor for preliminary amortization schedules On September 17, 2020 Cheek prepared a memo for management/task force discussing the pros/cons of this project with January 2021 being the earliest the County could begin this financing project. On November 5, 2020 received email from Melissa Wike asking about financing of LED project. The consultant’s report attached to the email indicated Finance making application November 2 (three days before receiving the email) for approval on December 4. Since approval must be obtained by the Board of Commissioners before this process can start, Cheek began working on a calendar beginning November 17. This would have been request to proceed and formal presentation to the Board by the school system. The school system told Cheek they were unable to attend the meeting as they were not prepared and asked staff to move the item to the December 1, 2020 meeting. Cheek then reached out to financial advisor for preliminary calendar for debt issue. If the November 17 deadline would have been met, approval from LGC would be February 2021. Cheek also reached out to bond attorney to ask about collateral for this project. The project is throughout all the schools, so the bond and County Attorney is working on what could be used as collateral. They immediately started researching and sent a response last week. Reached out to the LGC to determine audit submission deadline before making application. Discussed the collateral issue and the timeliness of the bid process. Staff reached out to the financial division of the LGC to get confirmation that debt payments could be made from the restricted sales taxes. The school system is offering to make the debt payments back to the County and with the new funding agreement, the County only gives restricted sales taxes for outlay. This was confirmed. Reached out to the County Attorney. The attorney must submit an opinion letter on the bid process. In the process of gathering all the paperwork that is required. A telephone conference was held with local attorney and deputy county manager regarding title work needed for the collateral issue. Staff then reached back out to the financial advisor to revise our calendar due to moving the request for permission to begin this process to December 1. The earliest the money would be available for the school system in March 2021. Commissioner Robertson said the school system was not prepared to provide information at tonight’s meeting but was prepared to start the process in September. Robertson spoke about the life of a loan for $9 million for 10 years. Payment would be around $900,000 per year. Vice Chairman Bowles asked if Iredell-Statesville Schools has signed the funding formula contract. Cheek said no. Staff is working with the County Attorney to amend the contract to reflect debt payments will come from restricted sales taxes, because that was not in the original funding agreement. Vice Chairman Bowles said there are many questions that need to answered before moving forward and spending more staff time on this request. 3 November 17, 2020 Commissioner Robertson agreed. The Schools Facilities Task Force prioritized three phases and those have been approved. Now, the Board is being asked to expend $9 million that has bypassed every single project listed in those phases. Vice Chairman Bowles understands the payback portion of the project, but does not agree with it. The schools should see a savings in the power bill after replacing the fixtures with LEDs, but there are a lot of questions to be asked. Chairman Mallory does not think this project was set to be on the Schools Facilities Task Force. There has been an incremental replacement of fixtures. The schools have found a potential to be able to do it all at once. The project was presented as it would pay for itself. Commissioner Robertson said the return on investment is 11.7 years. The schools identified an electrical savings of $570,000 a year. The payment for the project is $900,000. This project does not pay for itself. Chairman Mallory said Commissioner Robertson has drafted a list of questions for the school system. Mallory asked staff to share those questions with schools staff before the December 1, 2020 meeting. Commissioner Robertson’s questions: $ 9,000,000 Capital Projects for LED Lighting + other 1. $9,000,000 with $ 11,000,000 over 15 years is an 11.7 year payback. This assumes $733,333 savings per year. 2. Annual LED electrical savings are ESTIMATED to be $ 570,000/year. Where is that calculated? 3. If the LED electrical savings are $570,000/year, and the entire project saves $733,333/year, where are the additional $163,333/year in savings being generated? 4. What is the capital split? a. LED b. Indoor air quality c. Control upgrades 5. There are $ 353,000 in “energy rebates”. What is that based upon? 6. Is the energy rebate monies that go towards debt retirement, or towards the annual staff supplement? Is the staff supplement one year only or forever? Is the energy rebate one year only or forever? 7. In the 1st year, it states there are $653,000 in savings of which $300,000 is “Construction Period Savings”. What is that? 8. If ISS states they hare to deal with “deferred maintenance” due to a lack of capital dollars, then what specific projects will be added to the “deferred maintenance” project list to pay for the loan payments? 9. What do we expect the capital needs will be if MGSD and MCC make a similar request with a similar justification? 4 November 17, 2020 10. How much does Iredell County need to be placing into a School Ca pital Improvement Fund annually to prepare for the next Phase II projects already identified and approved by the School Facility Task Force. 11. If this project turns “capital into expense” funding for ISS, does this cause a future capital shortfall for routine maintenance of HVAC and Roofing? Commissioner Robertson asked if Mooresville Graded Schools or Mitchell Community College have mentioned a similar project. Cheek said no. Vice Chairman Bowles thinks those entities have a program to replace a few per year. Commissioner Robertson said if the Board approves the request for ISS, Mooresville and Mitchell will ask as well, which turns a $9 million project into a $13 million. Request from Charlotte Water for approval to extend water to the Davidson Pointe neighborhood and to acquire property in the County: County Manager Beth Jones said the Town of Davidson has an inter-local agreement whereby Charlotte Water provides water and sewer service to its residents. The Town has requested service on behalf of the Davidson Pointe neighborhood, located in Iredell County, from Charlotte Water. To facilitate such service, Charlotte Water is proposing to build a pipeline through the Town of Davidson from the Mecklenburg County side to the Iredell County side to connect to this neighborhood. Commissioner Robertson said the inter-local agreement does not obligate the County financially. County Attorney Lisa Valdez said there are statutory requirements when one local government extends into another county. Vice Chairman Bowles said the Mooresville-Davidson annexation agreement seems to be responsible to provide service in those areas. Valdez noted that the Town of Mooresville had no objection to Charlotte Water’s request. This item was placed on consent. Request from the Health Department for approval to write-off uncollected patient account debt in the amount of $39,958.71: Health Director Jane Hinson requested approval of to write-off uncollected patient account debt. The accounts have had no activity since June 30, 2017. Patients are sent 30-day, 60-day, 90-day letters and letter from the County Attorney. Hinson noted the department participates in the NC Debt Setoff program, if there is social security number connected to the account. Hinson explained last year’s write off amount did not include dental accounts because of a software change. This created an inflated rate for the current year. Hinson added there are no write-offs in Medicaid because staff worked diligently to collect every amount billed to Medicaid. Commissioner Robertson said that inflation will be corrected next year. 5 November 17, 2020 This item was placed on consent. Request from Parks & Recreation for approval of budget amendment #23 and to accept $58,500 in reimbursement grant funding from the NC Alliance for YMCAs: Assistant Parks & Recreation Director Jen Winters requested approval of budget amendment #23 to accept $58,500 in reimbursement grant funding from the NC Alliance for YMCAs. The federal funds are available for community based organizations that provided remote learning support for students during the COVID19 pandemic. The funding will reimburse the County for salary and supplies costs incurred during the operation of the Iredell Kidz Camp. Chairman Mallory said the funds are a subdivision of the CARES Act Funding. This item was placed on consent. County Manager Beth Jones explained the next three items are requests from the Fire Tax Oversight Committee. The presentation tonight will be a first briefing on the items. The requests center around Central Volunteer Fire Department, West Iredell Volunteer Fire Department, and Monticello Fire Department which either pays off existing land purchases or making future land purchases for future fire station sites. Because there are future impacts regarding fire station funding and analysis of appropriate locations staff would like to present for information only. Kent Greene said the Fire Tax Oversight Committee hears request from fire departments on equipment and facilities. The most recent meetings have been trying to determine when how and when spend any funds in the old County-Wide Service District. Funds were expended a month ago for a roof repair at Cool Spring Station 2. At the November 11 meeting, Central Volunteer Fire Department presented a proposal to purchase 10 acres of land adjacent to the primary station on Wilkesboro Highway at a price of $200,000. At the same meeting, West Iredell Volunteer proposed purchasing approximately eight acres of land at the corner of Island Ford Road and Lippard Farm Road to build a replacement primary station. Greene explained it was discovered that Monticello Volunteer Fire Department purchased land several years ago to be used for a replacement station. The land is beside the current station and the balance of the loan is $109,692. The Oversight Committee recommends paying off Monticello’s loan and funding the other two department’s projects. Vice Chairman Bowles said the three fire departments are the only ones that have not had major renovations in the past 10-15 years. Greene said the newest of the three is Monticello and the station was built in 1979. It is a metal shell structure with just enough room for the trucks with very little administrative space. As the County continues to grow the need for putting people in the station also grows and there needs to be space for them. The three stations do not have room to house staff overnight or for an extended period of time. Vice Chairman Bowles said Monticello has concurred they do not need a multi-service station. Commissioner Houpe asked if the committee discussed the potential of renovating current stations. 6 November 17, 2020 Vice Chairman Bowles said it may be too early to decide on that. Commissioner Robertson asked if there is a timeline of building new stations. Greene said one facility has to come off debt service before one project can go on. A project is set to come off in 2024. Commissioner Robertson asked if funding is available for the next station. Greene said there will be as the other projects roll of debt service. Vice Chairman Bowles noted these funds are coming out of the old fire tax district. Greene said the debt service is coming out of the All-County Fire Service District. Chairman Mallory said due diligence needs to be done to ensure the new stations will be located where they need to be based on growth projections. Commissioner Houpe asked if Greene could do a feasibility study on the stations. Commissioner Robertson said the price of land for one of the future sites is 55% over tax value. If the Board is looking at land to house future facilities, they need to be in the ri ght place and composition, but it cannot be $200,000. Being a Commissioner is not about choosing between bad projects and good projects. The Board is tasked with making a decision between ‘have to’ projects and good projects. In order to say yes to a few big things, the Board has to say no man y things the County needs. The jail was built by saying no to many things that would have been easier to say yes to. Vice Chairman Bowles suggested the presentation by Greene be taken under advisement and have Greene conduct a feasibility study of the departments that have not built a new station to see if this is the direction the County needs to go in the next 10 years in fire service. The Board agreed by consensus. Request from the Fire Tax Oversight Committee for approval of budget amendment #24 to allocate $200,000 from the Countywide Fire Service District undesignated fund balance to Central VFD to purchase land for a future station: Request from the Fire Tax Oversight Committee for approval of budget amendment #25 to allocate $200,000 from the Countywide Fire Service District undesignated fund balance to West Iredell VFD to purchase land for a future station: Request from the Fire Tax Oversight Committee for approval of budget amendment #26 to allocate $109,692.67 from the Countywide Fire Service District undesignated fund balance to Monticello VFD to pay off land purchased for a future station: Request from Social Services for approval of the Department of Health and Human Services/Iredell County Memorandum of Understanding pursuant to NCGS 108A-74: Donna Rufty requested approval of the Memorandum of Understanding pursuant to NCGS108A-74. 7 November 17, 2020 Rufty also presented a detailed powerpoint on the Memorandum of Understanding. That powerpoint is attached. This item was placed on consent. Request from Finance for approval of surplus declaration for listed vehicles and authorization to use electronic bid process at GovDeals to dispose: This item will be presented at 7pm. Presentation of Financial Position at Fiscal Year End and Current Year Progression: This item will be presented at 7pm. Request from Tax Administration for approval of October 2020 Refunds and Releases: This item was placed on consent. Request from Clerk to the Board for approval of the minutes from the meeting on October 20, 2020: There were no corrections or additions. This item was placed on consent. OLD BUSINESS (None) NEW BUSINESS (None) COUNTY MANAGER’S REPORT County Manager Beth Jones provided an update on the following: CLOSED SESSION The Board recessed at 6:48PM IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES November 17, 2020 The Iredell County Board of Commissioners met in regular session on Tuesday, November 21, 2020 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 Thomas Bowles Gene Houpe Ken Robertson 8 November 17, 2020 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, 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. Add: Administrative Item VIII.13 Request to approve power of attorney for a border agent. New Business: Kent Greene will give an update on recent flooding. Appoint Commissioner Houpe to the 5310 Oversight Committee Announcement of Vacancies Occurring on Board & Committees: In December, two alternate positions on the Planning Board will become vacant. MOTION by Commissioner Houpe to approve the agenda as presented. VOTING: Ayes – 5; Nays – 0 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Presentation of the American Heart Association Mission: Lifeline EMS Gold Plus Recognition Award: Amy Craver, Wake Forest Baptist Medical Center, presented the American Heart Association Mission: Lifeline EMS Gold Plus Award, the highest distinction by the Association, to EMS Director Blair Richey. EMS Director Blair Richey said the County was able to include the County’s first responders in the award. First Responders assist EMS getting patients to the unit as quickly as possible. Richey said there is such dedication to patient care within the County that every department that provides care in the County also received an award. Iredell County is one of the few in the Country that received this award. Chairman Mallory shared the excitement of not only celebrating EMS but, also each Volunteer Fire Departments and Rescue Squads throughout the County. Chairman Mallory presented a certificate to each Fire Chief present. APPOINTMENTS BEFORE THE BOARD 9 November 17, 2020 Presentation of audited June 30, 2020 Financial Statements: Cassie Wilson, Martin Starnes & Associates, presented the audited June 30, 2020 Financial Statements. The auditors issued an unmodified opinion, the best opinion given. The 2020 audit tested five programs. The total fund balance increase $16,077,147, a growth in fund balance is a very positive reflection on the County’s general fund. Available fund balance is $82,810,296, a decrease from last year due to the overall increase in Stabilization by State Statute. The County had an increase in the general fund revenues and expenditures for FY20. There was an approximate $13.3 million increase in Ad Valorem Taxes, an increase from property valuation increase. There was an increase of approximately $2.4 million in Education from the prior year. Debt service had an increase of $1.6 million. A significant portion of debt service is related to schools. PUBLIC HEARINGS Public hearing to consider the adoption of the 2021 Public Transportation Program: ICAT Director Bradley Johnson requested approval of the 2021 Public Transportation Program Resolution. The program provides transportation grants of State and Federal dollars to be able to provide ICATS Transportation Service. The total request is $1.5 million and is made up of three different grants, 5311 Administrative Grant, 5307 Operating and Capital Grant, and a mix 5311 Capital items. Iredell County is an urban and rural so capital items cannot come from one grant. The State is unsure of its financial capacity to be able to participate in next year’s grant, so the County is required to conduct a public hearing to show that the County would be able to cover the local and standard state share. This reflects an additional $72,929. Johnson presented the request with the State share reflected, however ICATS is prepared to cover the additional costs to ensure the grants would be fulfilled. Chairman Mallory opened the public hearing. No one wished to speak regarding the request. Chairman Mallory closed the public hearing. MOTION by Commissioner Houpe to approve the 2021 Public Transportation Program. VOTING: Ayes – 5; Nays – 0 Public hearing to consider a request from Harold C. Mash, Sr. to rezone approximately 25.9 acres off Eagles Refuge Drive: Planning Director Matthew Todd said the property owner is requesting to rezone 25.9 acres from Single Family Residential (R-20) to Residential Agricultural (RA). Staff does support the request and Planning Board voted unanimously in support of the request. The request meets the 2030 Horizon Plan because the area is slated to be rural conservation, which is a residential zoning district. The property is on the edge of the R-20 zoning designation so it would match the adjacent property zoned RA. Chairman Mallory opened the public hearing. Harold Mash Sr. requested approval of the rezoning so he may place a double wide mobile home on the property for his grandson. 10 November 17, 2020 Commissioner Robertson asked where the mobile home would be placed on the property. Todd said the home would have to be on single lots. There could not be a mobile home park without going through the process. Commissioner Robertson asked about the additional buildings on the property. Todd was not sure about those. No one else wished to speak. Chairman Mallory closed the public hearing. County Attorney Lisa Valdez reminded the Board the meeting constitutes a remote meeting because Commissioner Norman is participating remotely, and under the State of Emergency, there needs to be a 24-hour comment period after the public hearing. Action on the matter is typically taken at the next meeting. Chairman Mallory urged anyone wishing to make comments on this public hearings being held tonight should contact the Clerk to the Board within 24 hours. Commissioner Houpe asked about the ICATS matter that was just voted on. Valdez said the Board could ratify their decision at the December 1, 2020 meeting. Iredell County PLANNING & DEVELOPMENT PLANNING STAFF REPORT REZONING CASE # 2010-1 STAFF PROJECT CONTACT: Leslie M. Meadows EXPLANATION OF THE REQUEST This is a request to rezone three parcels totaling an approximate 25.9 acres off Eagles Refuge Drive, from Single-Family Residential (R-20) to Residential Agricultural (RA). This is a straight rezoning and no conditions are proposed at this time. OWNER/APPLICANT OWNER(S): Harold C. Mash, Sr., Katherine Mash, Cynthia & Dennis Hutchins APPLICANT: Harold C. Mash, Sr. PROPERTY INFORMATION 11 November 17, 2020 ADDRESS/LOCATION: 109, 165, & 194 Eagles Refuge Drive; more specifically PINs#: 4727091430, 4717989838, & 4727095089 respectively SURROUNDING LAND USE: There are residential and agricultural uses surrounding the site in all directions. SIZE: The total acreage to be rezoned is approximately 25.9 acres. EXISTING LAND USE: Residential, Mash family subdivision. ZONING HISTORY: In June of 1996, this property was rezoned by a non-owner/petition request from Residential Agricultural (RA) to Single Family Residential (R-20). The Midway Road Area request included 4,900 acres (199 parcels with 153 different landowners). OTHER JURISDICTIONAL INFORMATION: These rural properties are located entirely within the County’s jurisdiction, and are not in close proximity to any municipal Urban Service Area. OTHER SITE CHARACTERISTICS: The property is located within the South Yadkin WS-IV-PA Protected Watershed Area, which requires a minimum lot size of 25,000 sq. ft. per dwelling (.57 acres/SFD). While not within a flood hazard zone, the property does contain a perennial stream requiring a 50-foot vegetative buffer on each side. UTILITIES: This site is currently served by well and septic only. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: Eagles Refuge Drive is considered a private family subdivision road that is currently unpaved and privately maintained by the landowners who utilize this roadway for right-of-way access. Therefore, there is no traffic count and/or current capacity data for this drive. SCHOOLS: The rezoning only effects types of housing allowed. The same minimum lot size and setbacks will apply and limit the number of single-family dwellings permitted. Thus, the rezoning should have little additional impact 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 12 November 17, 2020 LOCAL: Proper subdivision and appropriate zoning, building, and environmental health permits must be obtained for each new single-family dwelling. Any necessary 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: For financial reasons, the applicant is requesting RA zoning for a portion of his property in order to allow his grandson and/or future grandchildren more affordable housing options. Being zoned R-20; manufactured homes (single- wide/double-wide mobile homes) are not an allowable SFD housing type. The portion of property in question lies at the edge of the block of R-20 zoning district in the Midway Road area, and directly adjoins existing RA lands to the east. The 2030 Horizon Plan designates this area as Rural Conservation, which includes areas that are either actively being used for farming, forestry, or horticultural purposes or are rural in character and located proximate to working lands. The intent of this classification is to employ additional standards to ensure that the development of higher intensity land uses within these areas do no create a negative impact on neigh boring working lands. Minimum densities should generally not exceed two units per acre. However, if a conservation subdivision is being developed, net density may increase. A typical RA family subdivision of land maintains the objective of Rural Conservation areas. The Planning staff can support the proposed rezoning request based on the following: The 2030 Horizon Plan calls for this area to be Rural Conservation, which allows for small- scale family subdivision, it lies at the edge of the R-20 zoning district, and currently adjoins existing RA lands. SITE REVIEW COMMITTEE: Staff visited site on September 18, 2020. PLANNING BOARD ACTION: On October 7, 2020, the Planning Board held a public meeting to hear the rezoning request. The landowner and his grandson were in attendance, however, there was no public present in favor or in opposition. The board voted 8-0 to recommend in favor of the rezoning. Public hearing to consider a request from William Clay Wooten to rezone approximately 4.76 acres of farmland along West Memorial Highway: Planning Director Matthew Todd said the property owner is requesting to rezone a 4.76 acres portion of a larger property along West Memorial Highway in Union Grove from Residential Agricultural (RA) to General Business (GB). A portion of the property does lie in the Land Use Plan for future Interchange Commercial and is adjacent to existing businesses. Staff supports the request and Planning Board voted in favor of the request. Chairman Mallory opened the public hearing. 13 November 17, 2020 Matt Grant, representing the property owner, asked if the 24-hour waiting period was necessary. He recently had a rezoning case within the City of Statesville and City Council delayed 24 hours because an adjoining owner wanted to comment but could not attend the meeting because of COVID19. Valdez said based on legislation passed in May 2020, tonight’s meeting constitutes a remote meeting because one of the Commissioners is not physically present, and that is how the State defines it. Chairman Mallory closed to public hearing. Iredell County PLANNING & DEVELOPMENT PLANNING STAFF REPORT REZONING CASE # 2010-2 STAFF PROJECT CONTACT: Leslie M. Meadows EXPLANATION OF THE REQUEST This is a request to rezone an approximately 4.76 acre portion of a larger 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: William Clay Wooten PROPERTY INFORMATION ADDRESS/LOCATION: Along West Memorial Highway, near Pioneer Road; more specifically, a portion of PIN 4852386114. SURROUNDING LAND USE: There are residential agricultural uses directly surrounding the site. To the south and east, there are various GB commercially developed properties. SIZE: The acreage to be rezoned includes only the eastern most portion of the parcel. To be exact, the first 620 linear feet, squared off to total approximately 4.76 acres. EXISTING LAND USE: The entire parcel is currently agricultural farmland; tax deferred bona fide farm-use. ZONING HISTORY: This property has been zoned Residential Agricultural (RA) since county- wide zoning was established in 1990. 14 November 17, 2020 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 majority of this property is not located within a regulated Watershed Area. However, a small portion of the NE corner 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 applicant has indicated that that development will not occur in this NE corner. 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 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 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 is requesting a straight commercial rezoning of the eastern portion of existing farmland to allow for all General Business uses. Various other GB uses are adjacent to this portion of the property to the south and east, thus this rezoning would primarily be an expansion of the existing block of GB district. Being just off I-77, the eastern tip of the portion in question is within what the 2030 Horizon Plan calls a Highway Interchange Commercial area. Highway Interchange Commercial 15 November 17, 2020 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. Due to the fact that the site is highly visible and along such a major thoroughfare/highway, staff feels that with this particular request an amendment to the land use plan would be needed to extend the Highway Interchange Commercial area. The Planning staff can support the proposed rezoning request, and subsequent 2030 Horizon Plan map amendment, based on the following: A portion of the property is within the Highway Interchange Commercial corridor according to the 2030 Horizon Plan, it is adjacent to various existing GB commercial properties, and traffic impacts should not exceed road capacity. SITE REVIEW COMMITTEE: Staff visited site on September 18, 2020. PLANNING BOARD ACTION: On October 7, 2020, the Planning Board held a public meeting to hear the rezoning request. The landowner and his surveyor were in attendance. There was a representative present from the surrounding landowners to ask questions regarding property taxes and septic concerns. The board voted 8-0 to recommend in favor of the rezoning. ADMINISTRATIVE MATTERS The following items were not discussed during the pre-agenda meeting. Request from Finance for approval of surplus declaration for listed vehicles and authorization to use electronic bid process at GovDeals to dispose: Dean Lail requested approval of a resolution declaring equipment, vehicles, and trailer as surplus and authorize Lail to conduct the auction on GovDeals and convey paperwork. This item was placed on consent. Presentation of Financial Position at Fiscal Year End and Current Year Progression: County Manager Beth Jones said when the Board went through the budget process staff was anticipating a big dip in revenues, and staff presented a ‘worst case scenario’ budget knowing if things continued to decline the budget could weather the storm. At that point, the Board made a commitment to take mid-year look at the budget with particular items in mind to put back in the budget. Finance Director Deb Cheek said during the budget work sessions staff estimated the property taxes at the end of the year would exceed budget by .7% with the end of year actual exceeded budget by 1.3% ($1.7 million). Additionally, staff predicted delinquent collections would 16 November 17, 2020 not meet budget with a shortfall of $725,000 but the end of year actuals for delinquent taxes recognized a shortfall of $698,975 (36% decrease). Cheek explained staff followed the State’s guidance while working on the budget and picked a midpoint for the decrease of sales tax and that proved to be quite restrictive. The sales taxes have come in better than anticipated. During the work sessions, staff estimated a shortfall of over $4 million in sales tax revenue. The end of year actuals exceeded budget by 6.6% ($2.5 million). Staff projected to begin seeing reductions over the prior year in March with a 10% reduction and a 50% reduction April – June and there was actually an increase in all of these months except April. Cheek went on to explain staff projected a 23% reduction in development fees. At the end of the year, there was a $1.8 million shortfall over what was budgeted and $925,000 lower than 2019 actuals. A 61% reduction was projected in recreation fees and there turned out to be a shortfall of 52%. However, Parks and Recreation is starting to offer more activities. Cheek said the County ended the June 30, 2020 Fiscal Year with a fund balance of $53,157, 632, a 23.87% of the 2021 adopted budget. Cheek noted these numbers are different from the audit because the firm compares fund balance to actual expenditures. Staff looks at fund balance compared to the budget. Chairman Mallory said the Board looked at cutting $9 million out of the budget during the final budget meetings, to account for the anticipated sales tax decrease. Most of that was paid for by not providing county employee raises as they were scheduled to go in effect. A number of requested new positions were also not funded. There were other small budgetary savings in deferred capital. Currently, staff is looking forward to the next six months and another surge in positive COVID19 cases is on the horizon, but the County can adapt and overcome. A lot of businesses have also adapted. There is a circumstance of potential lockdown from the State or further restrictions. Mallory asked, given the amount of money the County did not lose, is this a comfortable place to start restoring the budget even if there are decrements. Cheek said yes. During the work sessions, the estimate to contribute to fund balance was around $1 million, however $11 million was contributed, $6.3 million of that was sales tax increases over what was anticipated. Cheek complimented department directors for cutting back on spending and returning $3 million. That in itself is $10 million over what was projected. Cheek is confident there would not be in detriment to adding back to the budget. Jones explained the cost-savings measures put in place when the COVID19 pandemic started. When the COVID19 crisis hit and people were ordered to stay at home, county employees. They continuously provided services, particularly the Health Department, DSS, EMS, ECOM, and the Sheriff’s Office. Employees with compromised immune systems were sent home then allowed to work from home, if available. Jones said she struggled recommending a budget to the Board that did not increases for employees. Other jurisdictions put increases in their budget, but the Board decided to err on the side of caution, rightfully so. In turn, the County’s finances were better than anticipated. Jones anticipates another downturn with the growing number of positive COVID19 cases. Jones asked the Board to consider a 3% increase for current County employees. The money that was saved and rolled forward covers the cost of the increases for the rest of the fiscal year. Jones explained the following two items that the Board elected to re-visit midyear: 17 November 17, 2020 A request from North Iredell Rescue Squad for additional funding to redo a parking lot. Jones said the County has two stand-alone rescue squads, Iredell and North Iredell. These agencies are funded out of the general fund. The County has provided assistance in the past to Iredell Rescue, but not to North Iredell Rescue. Staff developed a formula which would achieve equality with the two agencies. Jones recommended funding North Iredell Rescue in the amount of $72,400. The monies would come out of contingencies. A request from Lake Norman Fire Department in the amount of $168,000, additional funding for FY2021. This is above the fire funding formula amount that the County used to fund all of the volunteer fire departments. Jones noted the Fire Tax Oversight Committee voted November 15, 2020 to not recommend additional funds. Commissioner Robertson said the plan to revisit the budget worked out quite well. Jones expressed appreciation to the Board for their guidance. The Board discussed placing the requests on consent. Jones asked, for clarification, is the consent to fund the first two request but not the third (Lake Norman Fire Department). Commissioner Houpe why Lake Norman’s request is not included. Vice Chairman Bowles said the Fire Tax Oversight Committee did not recommend the additional funding. The committee agreed that the fire department received a lump sum for apparatus and will receive 12 equal payments for operating costs. Commissioner Houpe said there was some confusion about how that was done and this one-time request will allow the fire department to adjust their budget going forward. Commissioner Robertson said the County cannot fund an additional $168,000 because of a misunderstanding. Vice Chairman Bowles said Mount Mourne Volunteer Fire Department also did not understand the formula, but once it was explained by staff, they understood and were happy. It is difficult for the County to be responsible for something the department misunderstood. Chairman Mallory suggested to exclude Lake Norman’s request from consent agenda, but revisit the request to help Lake Norman address their manning issue. Commissioner Houpe agreed. Vice Chairman Bowles asked Kent Greene to look into the staffing at Lake Norman Fire Department. Items one and two were placed on consent, Lake Norman Fire Department’s request was taken under advisement. 18 November 17, 2020 Request to approve power of attorney for a border agent required to purchase negative air pressure trailers from a Canadian company: Deputy County Manager Susan Robertson explained the Health Department came before the Board in October after receiving a grant with the idea of renovating offices at the department to negative pressure rooms. Staff quickly learned the renovations were going to be extensive and the air would have to be carried out from the first floor through the second floor. Because of the timeline outlined in the grant, staff began looking at other options and found two negative pressure office trailers. The trailers were constructed in Oregon and transported to Alberta, Canada for modifications. The trailers are mobile and can be moved. A border customs agent is required to represent the County in order to bring them in from Canada. Robertson requested approval of the power of attorney. The Power of Attorney was approved as presented. This item was placed on consent. County Manager Beth Jones summarized the following Administrative Matters during the Pre-Agenda meeting held at 5pm:  Request from Charlotte Water for approval to extend water to the Davidson Pointe neighborhood and to acquire property in the County.  Request from the Health Department for approval to write-off uncollected patient account debt in the amount of $39,958.71.  Request from Parks & Recreation for approval of budget amendment #23 and to accept $58,500 in reimbursement grant funding from the NC Alliance for YMCAs.  Request from Social Services for approval of the Department of Health and Human Services/Iredell County Memorandum of Understanding pursuant to NCGS 108A- 74.  Request from Finance for approval of surplus declaration for listed vehicles and authorization to use electronic bid process at GovDeals to dispose.  Presentation of Financial Position at Fiscal Year End and Current Year Progression. The Board approved a 3% pay scale adjustment effective December 1, 2020 for county employees and additional appropriation to North Iredell Rescue Squad in the amount of $72,400.  Request from Tax Administration for approval of October 2020 Refunds and Releases.  Request from Clerk to the Board for approval of the minutes from the meeting on October 20, 2020. MOTION by Vice Chairman Bowles to approve the consent agenda. VOTING: Ayes – 5; Nays – 0 Request from Iredell-Statesville Schools for approval to make application to the Local Government Commission to issue debt not to exceed $9,000,000. This item was for information only and no action taken. Iredell-Statesville Schools will present this item at the December 1, 2020 meeting. The following requests were directed to Kent Greene to conduct a feasibility study. 19 November 17, 2020  Request from the Fire Tax Oversight Committee for approval of budget amendment #24 to allocate $200,000 from the Countywide Fire Service District undesignated fund balance to Central VFD to purchase land for a future station.  Request from the Fire Tax Oversight Committee for approval of budget amendment #25 to allocate $200,000 from the Countywide Fire Service District undesignated fund balance to West Iredell VFD to purchase land for a future station.  Request from the Fire Tax Oversight Committee for approval of budget amendment #26 to allocate $109,692.67 from the Countywide Fire Service District undesignated fund balance to Monticello VFD to pay off land purchased for a future station. ANNOUNCEMENTS OF VACANCIES ON BOARDS & COMMISSIONS Board of Equalization & Review - 6 appointments Board of Health - 1 appointment Personnel Advisory Committee - 1 appointment Recreation Advisory Board - 4 appointments Zoning Board of Adjustment - 2 appointments Planning Board – 2 alternate appointments – Chairman Mallory said these vacancies are based on the two commissioners-elect. APPOINTMENTS TO BOARDS & COMMISSIONS (None) UNFINISHED BUSINESS (None) PUBLIC COMMENT PERIOD Chairman Mallory opened the floor for Public Comment. Tommy Hamel, Statesville, spoke on the recent vandalism to the Confederate Monument. Hamel thanked the Board for what they have done, but people need to be held accountable for their actions. Hamel also urged the Board to do something about the Times for Change group. Jill Schooley, Statesville, distributed pictures of the Confederate Monument with graffiti. Schooley said BLM was spray painted on the monument in the last 36 hours. Times for Change have terrorized citizens who visit downtown. They also egged the statue and nothing was done about it. A group of citizens attempted to clean it up. The group then drew Nazi symbols on the statue and nothing was done to the vandals. Citizens cannot go to a restaurant or own a business without being terrorized on the street. Businesses have been threatened with vandalism if they do not hang a BLM sign. Downtown businesses are losing money because of the Times of Change group. 20 November 17, 2020 Commissioner Houpe said there is ongoing investigation. The County is being pro-active as possible. Andy Webster, Statesville, expressed appreciation to the Board for extending the CARES Act Funding to the Fire Departments. Webster also expressed sincere appreciation to Vice Chairman Bowles and Commissioner Robertson for their service to the County. Brandon Curlee, Statesville, said some families are scared to visit downtown because of the Times for Change group. Alicia Standish, Olin, said the accusations against Times for Change is false. The group believes All Lives Matter. The group does not scare anyone visiting downtown. Standish also spoke about the care of the inmates in the Iredell County Jail. On October 16, 2020, an inmate died in custody and four correctional officers were injured. NEW BUSINESS Fire Services/Emergency Management Director Kent Greene gave an update on the recent flooding that effected the County. Five to 8 inches of rain fell throughout the County, depending on the location. The South Yadkin River considerably overflowed its banks. Thirteen homes were destroyed or suffered damage. Initial damage estimate is approximately $985K, however this does not include roads, bridges, and culverts washed out. Business damage estimates are approximately $600K. Greene urged anyone who suffered any damage to go online to www.co.iredell.nc.us or notify Emergency Management. Greene said there are 13 roads currently closed. Some are completely washed out, however some bridges are intact, but have been washed out underneath. Green urged the public not to drive around barricades. Jones said Commissioner Houpe has volunteered to serve on the 5310 Oversight Committee. MOTION by Commissioner Robertson to appoint Commissioner Houpe to the 5310 Oversight Committee. VOTING: Ayes – 5; Nays – 0 COUNTY MANANGERS REPORT County Manager Beth Jones provided an update on the following:  County offices will be closed Thursday & Friday, November 26-27, 2020 in observance of Thanksgiving. CLOSED SESSION The Board entered into Closed Session at 9:38PM. 21 November 17, 2020 Upon return from Closed Session, Chairman Mallory said there are no action items to report. ADJOURNMENT MOTION by Commissioner Houpe to adjourn at 10:48PM. The next regular meeting will be December 1, 2020, 5:00 PM, in the Commissioners’ Meeting Room, Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes – 5; Nays – 0 __________________________________ ___________________________________ Date Approved Amy B. Anderson, Clerk