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HomeMy WebLinkAboutBoard of Commissioners Minutes 1985 (Mar-Dec) 556 DEPARTMENTAL REPORTS: The board received reports from the Denartment of Social Services. PROPOSED ORDINANCE GOVERNING SEWAGE DISPOSAL PLANTS: The board received a copy of the corrected proposed ordinance to govern sewage disposal systems. The public hearing is set for Anril 2, 1985, 7:30 p.m., at the regular board meeting. CASTAWAY SHORES CONTRACT WITH IREDELL COUNTY: The county attorney advised the board he had drawn the contract between Castaway Shores and Iredell County. A copy had been sent to the county manager. PROPOSED ORDINANCE TO GOVERN PORNOGRAPHIC MATERIALS: Further discussion took place regarding a proposed ordinance governing pornographic materials. The county manager will continue to try to locate an ordinance for the board to study. FUTURE MEETINGS OF THE BOARD: March 21, 1985, 5:00 p.m. Hall of Justice Meet with the Summit Cable Television Officials to be followed by dinner at the City Club March 18, 1985, 7:09 p.m. D. Matt Thompson Cafeteria, budget discussion with Statesville City Schools. CALENDAR SHOWING MEETING DATES OF THE BOARD MEMBFRS: Commissioner Murdock asked the Clerk to the Board to prenare a calendar showing the meeting dates of all the board members. WATER AND SEWER FUNDS FOR 1984-85: In answer to questions raised by the Chair- man, the County Manager said all funds in the Water and Sewer line item for the current year's budget had been exnended. RALPH KENNERLY - MT. MOURNE VOLUNTEER TAX DISTRICT: Chairman Hedrick asked that this matter be checked into and resolved as auickly as nossible. H. W. SHARPE - BOARD OF EQUALIZATION AND REVIEW: Chairman Hedrick asked that H. W. Sharpe be placed on the list for the board of equalization and review for 1985. EXECUTIVE SESSION: MOTION from Commissioner Mills to enter executive session for the purpose of discussing possible litigation. VOTING: Ayes - 5; Nays - 0. MOTION from Commissioner Mills to adjourn from executive session. VOTING: Ayes - 5; Nays - 0. EXECUTIVE SESSION: MOTION from Commissioner Mills to enter executive session to discuss personnel. VOTING: Ayes - 5; Nays - 0. MOTION from Commissioner Mills to adjourn from executive session. VOTING: Ayes - 5; Nays - 0. ADJOURN: Chairman Hedrick adjourned the meeting at 10:30 n.m. Next meeting: March 19, 1985, 7:30 p.m,, Agricultural Center a 1 end 2, Lb u ‘ — J Shige Clerk Avvroved: March 19, 1985. Recorded at Register of Deeds, Book 27, pn. 176-196. i Sa 53/ Exhibit A to 3/5/85 Minutes C O e February 26, 1985 zr Mr. Paul Reynolds S. R. Real Estate Inc. P. O. Box 1488 Salisbury, NC 28144 Dear Mr. Reynolds: I am returning your agreement papers. It is not Duke Power Company's policy to sign agreements of this nature. Duke Power Company will not object to your proposal as shown on your map dated November 16, 1984. If we can be of further service, please call. Sincerely, Billy R. Yandle Field Representative BRY:sp xc: Mr. C. H. Hendrick x NOTE: Exhibit B to Minutes of 3/5/85, filed in the Industrial Revenue Bonds, Kewaunee Scientific Equinment, Inc., file. A.F. March 19, 1985 The Iredell County Board of Commissioners met in Regular Adjourned Session on Tuesday, March 19, 1985, 7:30 p.m., Agricultural Center Conference Rooms 1 and 2. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie A. Crosswhite Frances L. Murdock Alice M. Stewart CALL TO ORDER: By Chairman Hedrick INVOCATION : By Chairman Hedrick PRESENTATION OF RESOLUTIONS OF HONOR: MOTION from Commissioner Mills to adopt the following resolution to be presented to James A. Mize: IN APPRECIATION WHEREAS, James A. Mize began his career in community water service at the creation of Iredell Water Corporation in 1968, and WHEREAS, he has served Iredell County and its citizens well during his tenure as manager of Iredell Water Cornoration, having reached a service of 2,500 metered residences and businesses in Iredell County, and WHEREAS, he has been recognized by the American Water Association and presently serves as a director of the North Carolina Rural Water Association, and WHEREAS, he has become a Special Person to many of Iredell County citizens, always having a smile and good humor to share with everyone he meets, Karbon DRE ‘ ee i eee — 558 WHEREAS, James A. Mize has retired from the Iredell Water Corporation on December 31, 1984; NOW, THEREFORE, the Iredell County Board of Commissioners congratulates James A. Mize on a job well done for Iredell County and its citizens, AND FURTHER wishes him only the best in his retirement years. IREDELL COUNTY BOARD OF COMMISSIONERS s/ Larry S. Hedrick Chairman VOTING: Ayes 5; Nays - 0. STATESVILLE GREYHOUNDS BOYS BASKETBALL TEAM: MOTION from Commissioner Murdock to approve the following resolution, to be presented to the Statesville Greyhounds Boys Basketball Team: IN RECOGNITION WHEREAS, the Iredell County Board of Commissioners wishes to recognize Excellence in Iredell County's school systems, and WHEREAS, the Statesville Greyhounds Boys Basketball Team has exemplified this Excellence, having become the 1985 Western Regional 3-A Champions, and WHEREAS, the Greyhounds will compete for State 3-A Championship on Saturday, March 23, 1985, at Greensboro, North Carolina, NOW, THEREFORE, the Iredell County Board of Commissioners would like to congrat- ulate the Statesville Greyhounds Boys Basketball Team for their current standing as Champions and wishes them Good Luck in their competition on March 23rd, knowing they will represent Iredell County well as good sportsmen and in good sportsmanship. IREDELL COUNTY BOARD OF COMMISSIONERS a s/ Larry S. Hedrick Chairman VOTING: Ayes - 5; Nays - 0. AFTERLISTS, RELEASES, AND REFUNDS: MOTION from Commissioner Murdock to approve the afterlists, releases, and refunds as presented by Mrs. Lois Troutman, Tax Super- visor. VOTING: Ayes - 5; Nays - 0. - NAME TOWNSHIP YEAR REASON AMOUNT D. T. Devinney C. Creek 1984 Due exemption 33.49 Grover S. Elliott Bethany 1984 Mobile home double chgd 12.95 Wilford E. Bridges Davidson 1984 Acres corrected 8.62 r ™ 1984 Fire District . 66 Albert Winchester Davidson 1984 House 50% complete 77.01 c Ernest Barnhardt Davidson 1984 Lease now charged to JM Hager 25.94 Janda Brewer Fallstown 1984 Double listed 8.35 R. G Morrison Shiloh 1984 Bldg. removed 65 Beverly Pope Davidson 1983 Double listed sat Lois Jenkins Chambersburg 1984 Double listed sie Douglas Walden Outside 1984 Computer error . 86 Norma Hileris Inside 1984 Double listed sae Irene Jones Inside 1980 Double listed oo” NAME Melanie West Yates Marlow Jerry Meredith Lynn Williams Cyrus Smith Hugh Yost Frances Garner Jeffrey Summers Barry Sismon Leslie Connelly Roy Parker LW & Robert McLaughlin Debbie Johnson Skyland Lodge A F Craven Jr W F Houston James Gaither James Gaither Lucious Rucker Ernest Mills Brenda Small James Campbell Stephen Lackey Ted Brown Junior Bradshaw Karen Martin Ann Everidge Everett Church Adell Templeton sae TOWNSHIP Navidson New Hope Shiloh Outside C. Creek Outside Outside Shiloh Davidson Barringer Inside Barringer " Concord Inside Barringer Barringer Outside Outside Outside Outside Coddle Creek Outside Inside Coddle Creek Inside Inside Inside Chambersburg C Creek TOTAL AFTERLISTS AND RELEASES : REFUNDS: C. N. Little Route 8, Box 327 Statesville, NC Thomas J & Margaret White 524 Carolina Ave., S. Statesville, NC Dalton Z. Brown 636 Hartness Road Statesville, NC TOTAL REFUNDS : 81.90 86.46 a.i3 170.15 YEAR 1984 1981 1980 1981 1980 1981 1981 1984 1984 1984 1984 1981 1982 1983 1984 1980 1984 1984 1982 1982 1984 1984 1984 1980 1984 1984 1984 1984 1984 1984 1984 539 REASON AMOUNT Computer carry up 35.88 Car wrecked total loss 6.19 Lives in Alexander Co. 12.43 Double listed 3.94 Lives in Rowan 35.66 Lives in Rowan 31.22 Double listed 20.27 Double listed 67.93 Lease charged to J. M. Hager 19.62 Computer carry up 6.24 Due exemption 6.24 Farm Use 30.80 Farm Use 30.80 Farm Use 32.48 Double listed 1.09 In Industrial Blvd. L3.2o Not in fire district 48.83 i: 5.66 Account number error 52.97 Account number error 4.62 Double listed 6.84 Double listed 27.09 Double listed Li. kh Double listed 8.19 Rental, no household y Computer carry up Jo, 22 Double listed 10.69 Key punch error 42.9) Double listed 19.11 On discovery to HC Blankenship .51l Due exemption 33.15 $1,029. 11 560 REQUEST FOR ADDITIONAL FUNDS - TAX SUPERVISOR'S OFFICE: The tax supervisor re- quested an estimated $2,300 to contract with W. P. Ferris Company for an appraiser to pick up new residential, commercial, and industrial properties. The pick up work will cost approximately $10 per parcel. Because of lateness in sending out the 1985 tax bills, the tax supervisor's staff is behind schedule. If this reauest is granted, it will permit the tax suner- visor's office to get out the 1986 bills in a timely manner. The county manager, Wayne Deal, recommended the board apvrove this request. MOTION from Commissioner Mills to approve the $2300 expenditure to come from Contingency Fund, if necessary, to contract with the W. P. Ferris Comnanv for the pick un work. VOTING: Ayes - 5; Nays - 0. DATES: FOR BOARD OF EQUALIZATION AND REVIEW: Mrs. Troutman, tax supervisor, asked the board to set dates for the equalization and review board meetings. She submitted a list of recommended dates. Mrs, Troutman told the board they had found that having photographs made of the Properties appealed and presenting these to the board along with the appraisers' recommendations had been helnful in the past. The board requested that she continue that practice in the coming hearings. Mrs, Troutman said she had approximately 50 appeals in the office at the present time. Figuring that 22 anveals could be held in one meeting, she considered she would need approximately 10 meetings for the equalization and review hearings. MOTION from Commissioner Murdock to set the following dates for the 1985 Board of Equalization and Review: April 1, 1985, 7:30-11:00 p.m. Avril 9, 1985, 7:30-11:00 p.m. April 11, 1985, 7:30-11:00 p.m. Avril 15, 1985, 1:00-5:30 p.m. April 22, 1985, 7:30-11:00 p.m. April 29, 1985, 7:30-11:00 p.m. May 6, 1985, 7:30-11:00 p.m. May 9, 1985, 7:30-11:00 p.m. May 13, 1985, 7:30-11:00 p.m. May 21, 1985, 6:30-7:30 Adjourn VOTING: Ayes - 5; Nays - 0. TAX SUPERVISOR'S OFFICE - TRENDING INDEX: Mrs. Troutman, tax supervisor, sub- mitted a letter regarding devreciation of textile industry and computer equipment. The letter was from the Department of Revenue at Raleigh. Mrs. Troutman said this was for the board's information; the county tax office is considering this method. NO BOARD ACTION. ROBERT A. COLLIER, SR., REQUEST REGARDING TAX LIEN SALES: The county attorney and the tax collector addressed this matter. Mr. Bill Pope said Mr. Collier had spoken to him concerning three parcels of real estate. The taxes have not been paid for some time. The owners are corporation that no longer exist. Mr. Collier repre- sents clients who want to purchase these pronerties. Mr. Collier recommended he be allowed to foreclose because of the taxes due. ey 561 Mr. Pope, county attorney, said there were two ways this could be handled: (1) In rem procedure which takes approximately fourteen months; (2) The standard procedure, outlined in G. S. 105.374, forecloses the tax lien and sells the property at public sale. Mr. Pope requested the board to allow Mr. Collier to use procedure (2). These properties are as follows: 11F-A-77 Creative Homes, Inc. $75.46 (as of March 1, 1985) Cool Springs Township 6J-5-C-76 Millers Reality Statesville Inside Township 6J-5-C-77 Millers Realty Statesville Inside Township $560.60 (as of March 1, 1985) The county attorney recommended the county commissioners authorize Robert A. Collier, Sr., to exercise the foreclosure and pay the amount of taxes due to the County Tax Collector. Regarding hold harmless, Mr. Pope said he did not see any risk that he would regard of any consequence. MOTION from Chairman Hedrick to authorize Robert A. Collier, Sr., to exercise the foreclosure on properties 11-F-A-77, Creative Homes, Inc., Cool Springs Inside Township, $75.46, as of March 1, 1985: 6J-5-C-76, Millers Realty, Statesville Inside Township; 6J-5-C-77, Millers Realty, Statesville Inside Township, $560.60 (for the two Millers Realty properties); and that the county be held harmless from any liabili- ty arising by virtue of the sale. The total amounts of taxes due plus all accrued interest is to be paid to the Iredell County Tax Collector's Office. VOTING: Ayes - 5; Nays - 0. LAW STUDENTS TO ASSIST IN COLLECTION OF DELINOQUENT TAXES: Mr. Pope, county attorney, gave information to the board regarding law students being hired in the summer to do delinquent tax collection work. He said this had worked well when he was county attorney before. The chairman said this might be considered again this summer . TAX COLLECTOR'S REPORT - FEBRUARY 1985: Joe Ketchie, Tax Collector, submitted the February 1985 tax report. Mr. Mills, county commissioner, said on future monthly reports he would like to see the rate of collections listed at the end of each year. He would like the report to show a ten-year veriod. MOTION from Commissioner Murdock to receive the tax collection's report for February 1985. VOTING: Ayes - 5; Nays - 0. REQUEST FROM STATESVILLE CITY SCHOOLS: A letter was received from Statesville City Schools, requesting permission to transfer monies from within their capital out- lay budget. The board is requesting permission to transfer $8,000, approved for purchasing vehicles, to renovation of bathrooms at North View Elementary and A. D. Rutherford Elementary Schools. aisle x _ si : x 562 The county manager said this was in accordance with budgetary laws. MOTION from Commissioner Murdock to anprove the transfer of $8,000 which has been approved for purchasing vehicles to be used for renovation of bathrooms at North View Elementary and A. D. Rutherford Elementary Schools. VOTING: Ayes - 5; Nays - 0. PARKER-HANNIFIN WATER LINE COMMITMENT: The board discussed the county's commit- ments in this budget year for water and sewer line expansion. The county manager was directed to write a letter to the Parker-Hannifin Company, stating that we need some definite statement from them regarding their plans in Iredell County. Chairman Hedrick said it may be a good idea to put a cap on the time frame of the county's commitment for water and sewer line extension funds. BID FOR MAPPING DEPARTMENT COMPUTER SYSTEM: The finance officer presented the bid for mapping department computer system. This bid was for a plotter/digitizer System. The bid was advertised as required and only one vendor submitted a bid. One bid meets the legal requirements in this instance. A bid bond for 5% of the total bid price was enclosed with the bid of $14,881.75, which includes hardware, software, installation, and training. The bid was from Micro Systems, Kinston, NC. MOTION from Commissioner Murdock to accept the bid of $14,881.75 from Micro Systems of Kinston for the plotter/digitizer system for the mapping department. VOTING: Ayes - 5; Nays - 0, EMERGENCY MEDICAL SERVICES FEBRUARY REPORT: The board accepted the EMS Activity Report for February 1985. APPROVAL OF MINUTES: MOTION from Commissioner Mills to approve the minutes from the March 5, 1985 meeting. VOTING: Ayes - 5; Nays - 0. RESOLUTION HONORING SOCIAL SERVICE WORKERS: MOTION from Chairman Hedrick to adopt the following resolution: SOCIAL WORKERS DAY WHEREAS, social workers perform invaluable services in the operation of the Iredell County Department of Social Services, and WHEREAS, social workers provide much needed support for many Iredell County citizens, THEREFORE, BE IT RESOLVED by the Iredell County Board of Commissioners that Wednesday, March 20, 1985, is hereby designated as a Special Day of Appreciation for Social Workers within Iredell County. IREDELL COUNTY BOARD OF COMMISSIONERS s/ Larry S. Hedrick Chairman Adopted 19 March 1985 VOTING: Ayes - 5; Nays - 0, S| 365 WEST IREDELL WATER CORPORATION - LOAN AGREEMENT: The county manager, J. Wayne Deal, said he had not yet received a response from Raleigh, regarding the Clean Water Funds. The West Iredell Water Corporation does agree that they will comply with all regulations in the Clean Water Bonds Funds regulations. The county manager recommended the board execute the agreement. Chairman Hedrick inquired if Mr. Hindman, the West Iredell Water Corporation president, had been in touch with Carroll Weber of Mid-South Water Corporation, regarding possible grant funds the water corporation may receive from the Department of Natural Resources. Mr. Hindman said he would follow up on this matter. MOTION from Chairman Hedrick to authorize the chairman and the clerk to sign this Loan Agreement between West Iredell Water Corporation and Iredell County, funding as previously approved. VOTING: Ayes - 5; Nays - 9. ORDINANCE REGULATING PORNOGRAPHIC MATERIALS : This subject was discussed at a prior meeting. The staff has been doing research in other counties to find ordinances that may be helpful in drafting one for Iredell County. The county manager told the board the General Assembly had some activity con- cerning revising the State Statutes on pornography and said state-wide regulations may be more effective. More information on this subject will be gathered and pre- sented to the board at a later date. CASTAWAY SHORES - CONTRACT WITH IREDELL COUNTY: The contract between Iredell County and Castaway Shores has been signed by the Castaway Shores officials. The contract was prepared by the county attorney. The board members decided to wait until the April 2nd meeting with the Castaway officials would be at the meeting so this document could be further diiscussed before it is finally executed. Mr. Pope, county attorney, asked to see a copy of the corporation's charter. LOWRANCE HOSPITAL: Mr. Deal, county manager, informed the board Bill Neal, Vice Chairman, Lowrance Hospital, called the county manager to report that a sub- committee of Lowrance Hospital was considering building a new hospital at the inter- state area. The county manager said he was asked to share this information with the board of commissioners. The sub-committee simply stated they felt a new hospital is needed. They are now going to pursue different ways to accomplish this. They will keep the board of commissioners informed on their activities. ENHANCED 911 EMERGENCY TELEPHONE SYSTEM: The finance officer, Bill Furches, and the county manager, Wayne Deal, discussed with the board the Enhanced 911 emer- gency telephone system. Mr. Deal reported to the board a new development with the Enhanced 911 system, He said a proposal will go to the North Carolina Untilities Commission to have an area instead of the total cost being paid by the county. This proposal would add 25 cents per month to each telephone user for a period of eighteen months. If the Utilities Commission grants approval, cost to the county will become a rather small factor. The main factor will become the order in which counties apply to have the system installed. 564 Because of the above, the board will need to act rather quickly, Mr. Deal said. After further discussion, MOTION from Commissioner Crosswhite that the board approve this Enhanced 911 system, subject to the Utilities Commission's action on March 20th, not to exceed 25 cents per month for eighteen months and to authorize the county manager to take such steps as necessary to implement the system, with that assumption, subject to what the Utilities Commission does on March 20th. VOTING: Ayes - 5; Nays - 0. \RESOLUTION FROM HERTFORD COUNTY: The Hertford County Board of Commissioners had mailed a cony of a resolution concerning administration of the Child Support Enforcement. The resolution requests the State continue with the mutual agreement with the counties, whereby administration costs are shared with the state and counties. After a discussion, the county manager, Wayne Deal, recommended he would like to look into the matter further. In the newly proposed bill, the state will abandon their financial support of the administration of the child enforcement and transfer it to the county. He said he could recommend writing a letter to our representatives, asking that they look closely at the discontinuance of their support of this particu- lar program. BILL TO BE ENTITLED TO IMPROVE THE COLLECTION OF PROPERTY TAXES ON MOTOR VEHICLES WHEN VEHICLE REGISTRATION IS RENEWED: Commissioner Murdock discussed a letter handed out to the board members at the meeting. The letter is from the N. C. Association of Tax Assessors, regarding dealing with the problem of listing and col- lecting taxes on motor vehicles. No action taken. PLANNING SESSION DISCUSSED: Commissioner Crosswhite said she thought another planning session was needed by the board. Dates were discussed when such a session could be held. The consensus was that it would be held on March 27, 1985, at 5:00 p.m., in the County Annex Building. EXECUTIVE SESSION: MOTION from Commissioner Mills to enter into Executive Session to discuss personnel matters. VOTING: Ayes - 5; Nays - 0. MOTION from Chairman Hedrick to adjourn from Executive Session. VOTING: Ayes - 5; Nays - 0. ADJOURN: Chairman Hedrick adjourned the meeting at 11:05 p.m, Next meeting: March 27, 1985, 5:00 p.m., Planning Session, County Annex Conference Room, Clerk APPROVED: 4/2/85 Recorded at Register of Deeds, Book 27, pp. 197-214 ee? 365 April 2, 1985 The Iredell County Board of Commissioners met in Regular Session on Tuesday evening, April 2, 1985, 7:30 p.m., Agricultural Center Conference Rooms 1 end 2. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney Lisa Beckham, Planning Director F. William Furches, Jr., Finance Officer Chuck Gallyon, Fire Marshal Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick INVOCATION : By Chairman Hedrick APPROVAL OF MINUTES: MOTION from Commissioner Crosswhite to approve the minutes of the March 19, 1985 meeting. VOTING: Ayes - 5; Nays - 0. RESOLUTION OF HONOR: MOTION from Chairman Hedrick to adopt the following reso- lution: IN RECOGNITION WHEREAS, the Iredell County Board of Commissioners wants to recognize its citizens who excel in their accomplishments, and WHEREAS, for the past three years, Michael Eugene Dobbins, son of Mr. and Mrs. Charles Gamble, has participated in the Southeastern Regional Special Olympics Winter Games in Boone, North Carolina, and has always skied in the top group as a competitor, and WHEREAS, during the week of March 25-29, 1985, Michael skied in the Advanced Group in Utah, competing in the "Downhill" and the "Slalom" events, and WHEREAS, for his outstanding achievements, he received Silver Medals in both competitions, NOW, THEREFORE, the Iredell County Board of Commissioners goes on record in congratulating Michael Eugene Dobbins for his outstanding achievements, AND FURTHER wishes him continued success, not only in his sports achievements, but in all his future plans. IREDELL COUNTY BOARD OF COMMISSIONERS s/ Larry S. Hedrick Chairman VOTING: Ayes - 5; Nays - 0. Chairman Hedrick adjusted the agenda to hear a matter scheduled later on the agenda. PROPOSED ORDINANCE REGULATING PORNOGRAPHIC MATERIALS IN LREDELL COUNTY: Two copies of ordinances have been received and distributed to the county commission- ers: one from Blowing Rock and one from Catawba County. These have been studied and will be considered for guidelines in drafting a similar ordinance for Iredell County. Commissioner Mills said he thought we should continue to gather materials, and if the house bill now before the General Assembly is not ratified, the county should consider adopting its own ordinance. 566 Representatives of the Citizens for Decency organization were present and spoke in favor of the county having some type of regulations placed upon pornographic materials where minors had access to them. After more discussion, the board tabled this matter until action by the General Assembly on House Bill 143 which addresses this matter and for gathering more material on an ordinance. CHAIRMAN HEDRICK ADJOURNED THE MEETING TO A PUBLIC HEARING. ORDINANCE REGULATING COMMUNITY WASTE DISPOSAL SYSTEMS IN IREDELL COUNTY: Mr. Jerry Davenport, attorney from Carrboro, North Carolina, and Miss Lisa Beckham, county planner discussed the Draft 4 of the proposed ordinance with the board and with the public. The board discussed with Mr. Weber, Mid South Utility Company, the subject of the retention facility in case of malfunction of the treatment plant. The Mallard Head developer was present and spoke regarding his opinion of the sewage treatment plants. His statements were in favor of these plants. Mr. Chandler Bryan was present and voiced disfavor of the county's proposed ordinance. Mr. Miller from the Lake Norman area said he was in favor of the board's plan to adopt such an ordinance. Several corrections and additions to Draft #4 of the proposed ordinance were suggested by the county commissioners, and the public hearing was recessed until May 7, 1985, 7:30 p.m., Agricultural Center Conference Rooms 1 and 2. At that time and place, Draft #5 of the pronosed ordinance will be discussed in the public hearing. CONTRACT BETWEEN IREDELL COUNTY AND CASTAWAY SHORES DEVELOPERS, INC:: This matter was delayed from the March 19th meeting at the county attorney's request. Mr. Pope, county attorney, was recommending at this time that an additional Article #9 be added to the contract. Just as soon as the contract is prepared with this additional article, it will be ready for execution by the Castaways officials, he said. MOTION from Commissioner Crosswhite, second from Commissioner Stewart, to approve the contract between Iredell County and Castaway Shores, Inc., subject to the addi- tion to Article #9, as proposed by the county attorney, authorizing the chairman and clerk to sign on behalf of the county. VOTING: Ayes - 5; Nays - 0. PAVING PARTICIPATION - S. R. 1988, LORRAINE DRIVE: The preliminary resolution for paving participation assistance was presented to the board by Alice Fortner, Assistant to the Manager. This project meets the criteria set forth for participa- tion, as it has 83% of the footage signed for and 80% of the property owners have signed the petition. MOTION from Commissioner Murdock to approve the following resolution: 56/ PRELIMINARY RESOLUTION GIVING NOTICE OF INTENTION TO ASSIST IN THE FINANCING OF IMPROVEMENTS TO RURAL SUB- DIVISION AND RESIDENTIAL STREETS S. R. 1988, Lorraine Drive, Tethany Township, Map 10C-4 WHEREAS, a preliminary determination has been made that the street or streets, road or roads, or rights of way, set out above are without paving, and on the street or streets, road or roads, or rights of way, within the limits set out, and that abutting property will be benefited to the extent of the part of the cost thereof to be assessed against such abutting property; and WHEREAS, the local improvements proposed to be made on the street or streets, road or roads, or rights of way, hereinabove set out are as follows: ASPHALT RIBBON PAVING IMPROVEMENTS. The asphalt ribbon paving be installed by the North Carolina Department of Transportation on the street or streets, road or roads, or rights of way, hereinabove named within the limits defined; and WHEREAS if the local improvements are ordered made by the North Carolina Department ofTransportation, the County of Iredell shall remit to the North Carolina Department of Transportation the proportion of the cost thereof representing the total local share as required by the policies of North Carolina Department of Transportation's Secondary Roads Council; and WHEREAS, the County of Iredell shall then cause the proportion of the cost thereof to be specially assessed and the terms of the payment will be as follows: (a) The cost of not exceeding the local share of cost as required by policies of the North Carolina Department of Transportation's Secondary Road Council for asphalt ribbon paving as lie within the limits of the street or streets, road or roads, or the property abutting on the street or road, or right of way, such cost to be assessed against the lots and tracts of land abutting on the street or streets, road or roads, or rights of way, according to their repsective frontages thereon by an equal rate per foot of such frontage, and provided, further, that the maximum amount which will be assessed for the asphalt ribbon paving is $1.955 per foot of frontage. (b) Terms of Payment. The assessments will be payable in full within thirty (30) days from the date of the Resolution of the Iredell County Board of Commissioners to Participate in the Paving of Rural Subdivision and Residential Streets. All persons signing the Petition reauesting the Paving Participation must pay in full their pro-rated shares before Iredell County will mail the check to the Department of Transportation. Those persons not signing the petition reauesting Paving Participation will be assessed by the County and payments will be due in five equal annual installments, which installments will bear interest at the rate of eight per cent per annum from the date of confirmation of the Resolution of the Iredell County Board of Commissioners to Participate in the Paving of the Rural Subdivision and Residential Streets. NOW, THEREFORE, BE IT RESOLVED: 1. That a Public Hearing will be held by the Iredell County Board of Commis- sioners at 7:30 p.m. on the 7th day of May, 1985, in the Agricultural Center Confer- ence Rooms 1 and 2, Statesville, North Carolina, to determine finally whether the assistance in financing the road improvements will be made. 2. That all objections to the legality of the making of the improvements shall be made in writing, signed in person or by an attorney, and filed with the Clerk to the Board at or before the time of the Public Hearing. Any such objections not so made will be waived. IREDELL COUNTY BOARD OF COMMISSIONERS s/Larry S. Hedrick Chairman Adopted this the 2nd day of April 1985. VOTING: Ayes - 5; Nays - 0. 568 BIDS FOR LANDFILL EQUIPMENT: The finance officer, Bill Furches, presented the board with bids received for Tractor/Scraper for the landfill. Bids received were as follows: E. F. Craven Company (262 B Fiat Allis) $207 , 316.00 5% bid bond included Carolina Tractor & Eqpt. (627 B Caterpillar) $198, 347.90 5% bid bond included The finance officer and county manager recommended using the lease/purchase ar- rangement for purchase of this equipment and that the low bid from Carolina Tractor and Equipment in the amount of $198,347 be accepted. MOTION from Commissioner Murdock to enter into a lease-purchase agreement, not to exceed the amount of funds budgeted in the 1984-85 budget for purchase of a tractor/ scraper. VOTING: Ayes - 5; Nays - 0. LANDFILL - BIDS FOR EQUIPMENT SHED: The finance officer reported that only two bids were received for this item. Since the project exceeds $30,000, the law requires three bids on the first advertisement. Since only two bids were received these two bids were returned to the bidders unovened, and request for bids was readvertised. On the second advertisement if only two bids are received, it will be legal to open and award the bid. This matter was tabled until the next meeting, as the second bid is advertised for April 12, 1985. NO BOARD ACTION. OLD BUSINESS DISCUSSED: ANIMAL CONTROL - AMENDMENT TO THE ORDINANCE: The county manager reported to the board that he and the animal control officer, Mr. Sidney Weisner, were working on the amendment regarding control of dogs in rural subdivisions. They planned to have something for the board to look at very soon. ENHANCED 911: The county manager reported the outcome of the Utility Commission's meeting. He said a survey will need to be made in the county to see if the majority of telephone users were in favor of a 25 cents per month charge on their telephone to cover the cost of the Enhanced 911. He said the volunteer fire departments would helv to get the word out to the citizens regarding this service. Mr. Deal said if the enhanced 911 is to be installed, the choices the board have are: (1) To charge the 25-cents on the telephone rate which requires consensus of the citizens; or (2) to pay for it through the regular taxation structure of the county. MOTION from Commissioner Mills that we vroceed to try to make the public aware, and at the proper time to conduct the survey in accordance with the Utilities Commis- sion's decision. This is to be treated as a high priority item of county business. VOTING: Ayes - 5; Nays - 0. WATER-SEWER PROJECT WITH THE CITY OF STATESVILLE: The county manager discussed with the board a water and sewer line project that is forthcoming. This proposal will be discussed and action considered in a brief meeting on April 9, 1985, prior to the board of equalization and review meeting, which is scheduled for 7:00 p.m. 569 BUDGET PREPARATION for 1985-86: The county manager informed the board he planned to start on the 1985-86 budget the week of April 8, 1985. RALPH KENNERLY PROPERTY - REQUEST TO BE EXEMPTED FROM THE MT, MOURNE FIRE TAX DISTRICT: This matter was discussed by the county attorney; fire marshal; and Steve Knox, Mt. Mourne Fire Chief. Mr. Knox said the Ralph Kennerly property was erroneously included in the Mt. Mourne Fire Tax District. Mr. Pope said the State legislature has made it difficult for a person to withdraw property from a tax district. After further discussion and establishing that the property was in the fire tax district through error, MOTION was made by Commissioner Mills that the county attorney be instructed to work in conjunction with the tax office to release this property from the fire tax assessment. MOTION WITHDRAWN by Commissioner Mills when the county attorney explained no board action was necessary at this time. NO BOARD ACTION. DISCUSSION OF FIVE-MILE FIRE DISTRICTS FOR FIRE DEPARTMENTS: Chuck Gallyon, fire marshal, showed the board members a man identifying all the volunteer fire departments and their outlying response areas. Mr. Gallyon is proposing to work with the fire chiefs and draw new five-mile boundaries. He asked the board to withhold acceptance of any additional petitions for fire tax districts until the work is completed. The board asked the fire marshal to meet with the fire chiefs and discuss this change with them and then come back and make a recommendation to the board. GRANTS MANAGER AND INTERNAL AUDITOR: A copy of the job description for the captioned position was presented each board member. The county manager said he wanted to advertise this position and see what kind of response he received as to a salary range. The county manager was directed to advertise the position and bring back a recommendation to the board. ECONOMIC DEVELOPMENT COMMISSION: Chairman Hedrick discussed with the board the news item in the Statesville Record & Landmark regarding the City of Statesville's action in developing an economic development commission. WILLIAMSBURG CHARTER: Mr. Victor Crosby was present regarding a charter for the city of Williamsburg. He said the legislators said they would be willing to consider legislation regarding Williamsburg, but wanted to know the position of the county commissioners before proceeding. They are especially interested in having the commissioners’ viewpoint since four of the six legislators live outside Iredell County. Mr. Hedrick said he would write a letter, with the consensus of the other board members, that if the proper forum exists prior to the referendum so that the people of the area are made aware of the ramifications of an incorporated area, then the county commissioners have no problem with the state legislators’ decision. EXECUTIVE SESSION: MOTION from Commissioner Mills to enter into executive session to discuss personnel. VOTING: Ayes - 5; Nays - 0. MOTION from Commissioner Mills to adjourn from executive session. MOTION from Commissioner Mills to enter 370 executive session to discuss real estate. MOTION to adjourn from executive session from Chairman Hedrick. SALARY ADJUSTMENTS FOR COUNTY EMPLOYEES: MOTION from Commissioner Mills to make salary adjustments for county employees to allow 4%% between steps on the pay plan and to move all people off step 1 of the existing pay plan. VOTING: Ayes - 5; Nays - 0. ARJOURN: Chairman Hedrick adjourned the meeting at 12:00 Midnight. Next meeting: April 9, 1985, 6:45 p.m., County Annex Conference Room, Statesville, NC. Lb ahaa APPROVED: 4/16/85 Recorded at Register of Deeds Office, Book 27, pp. 215-227. April 9, 1985 The Iredell County Board of Commissioners met in Regular Adjourned Session on Tuesday evening, April 9, 1985, 6:45 p.m., County Annex Conference Room. Present for the meetint were: William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Staff: J. Wayne Deal, County Manager William A. Mills, Vice Chairman, called the meeting to order. WATER-SEWER LINE EXTENSION - LONNIE WOOTEN PROPERTY: The county manager reported on a proposed water/sewer line extension to Lonnie Wooten Property for construction of a manufacturing plant to be occunied by Hunt Manufacturing Company. The board was informed that investment in the project will be approximately $4 million, with approx- imately 125 additional employees. On a MOTION from Commissioner Murdock, the board appropriated a sum not to exceed $55,251 from Unappropriated Surplus as the County's 70% share of the cost of extending water and sewer lines to the Wooten property. The vote was unanimous by the three county commissioners present. The meeting was adjourned at 7:00 p.m. by Vice Chairman Mills. Next meeting: April 16, 1985, 7:30 p.m., Agricultural Center Conference Rooms 1 and 2, Statesville. s/ Wayne Deal, Acting Clerk Avproved 4/16/85 Recorded at Register of Deeds Office, Book 27, p. 228. 571 IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES APRIL 16, 1985 The Iredell County Board of Commissioners met in Regular Adjourned Session on Tuesday evening, April 16, 1985, 7:30, Agricultural Center Conference Rooms 1 and 2. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart (entering the meeting at 8:30 p.m.) Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney Flint Norwood, Librarian, and members of staff Dean Osbourne, Code Enforcements Supervisor, and Inspectors F. William Furches, Jr., Finance Officer Lois Troutman, Tax Administrator Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick INVOCATION: By Chairman Hedrick PRESENTATION OF RESOLTUIONS: The following resolutions were presented by the county board: BUILDING SAFETY WEEK: MOTION from Commissioner Murdock to adopt the following resolution: BUILDING SAFETY WEEK WHEREAS, The Honorable James G. Martin, Governor of the State of North Carolina, has proclaimed the week of April 14-20, 1985, as North Carolina Building Safety Week, and WHEREAS, the Iredell County Board of Commissioners recognizes the importance of Building Code Standards in Iredell County, NOW, THEREFORE, the Iredell County Board of Commissioners joins the Governor of North Carolina in proclaiming the week of April 14-20, 1985, as BUILDING SAFETY WEEK IN IREDELL COUNTY, and hereby calls attention to the Iredell County Building Code Department and its primary function of protecting the health, safety, and welfare of Iredell County Citizens. IREDELL COUNTY BOARD OF COMMISSIONERS Larry S. Hedrick, Chairman ADOPTED 16 April 1985 VOTING: Ayes - 4; Nays - 9; Absent - 1. NATIONAL LIBRARY WEEK: MOTION from Commissioner Crosswhite to adopt the following resolution: NATIONAL LIBRARY WEEK WHEREAS, Americans are A Nation of Readers, reading having been an integral part of our national experience, and WHEREAS, America's libraries have nurtured this Nation of Readers with vast resources of knowledge and information, and have remained free and accessible to All Americans, and WHEREAS, the quality and quantity of information and services provided by libraries are depended upon community support; and NOW, THEREFORE, the Iredell County Board of Commissioners proclaims the week of April 14-20, 1985 as NATIONAL LIBRARY WEEK IN IREDELL COUNTY, and urges all citizens to become a part of this observance by using their library during this special week and throughout the years. IREDELL COUNTY BOARD OF COMMISSIONERS 372 ADOPTED 16 April 1985. APPROVAL OF MINUTES - APRIL 3, 1985 AND APRIL 9, 1985: MOTION from Commissioner Crosswhite to approve the minutes from the April 3, 1985 meeting and the April 9, 1985 meeting. VOTING: Ayes - 4; Nays - 0; Absent - 1. RECENT FOREST FIRE IN BURKE COUNTY: Several of the county's emergency services agencies participated in the recent forest fire emergency in Burke county. The fire marshal, Chuck Gallyon, presented a report to the board members showing all the agencies involved and the actual costs involved in participating. Iredell County's volunteer fire departments furnished a total of 70 men, 18 fire vehicles and 3 rescue ambulances, representing a total of 544 manhours and at an expenditure of $820 for equipment that was used or damaged during the activity. The board commended the volunteer departments for their participation in this emergency and requested that they return at the first meeting in May to be recognized by the board. MOTION from Commissioner Mills that the County reimburse the fire departments up to $820 for the expenses incurred in this emergency. These funds are to come from Contingency. VOTING: Ayes - 4; Nays - 0. ACKNOWLEDGEMENT OF REIMBURSEMENT FROM BURKE COUNTY: The Chairman, Larry Hedrick, asked the fire marshal, Chuck Gallyon, to relay to Burke County officials that Iredell County appreciates their gesture in wanting to reimburse Iredell county for the expenses incurred. Mr. Hedrick said it would not be necessary for them to reimburse Iredell County, but rather to pass this along to someone who may need the same cooperation in the future. 911 ENHANCED: Mr. Gene McKinney, Mr. Larry Woodell, and Mr. Jim Tarman, representatives from Southern Bell, were present to discuss the 911 Enhanced proposal for Iredell County. Mr. McKinney said the cost of the installation would result in a billing to the telephone users of Iredell County of approximately 50 cents a month for seven months. Southern Bell will be responsible for the ballot that goes out to the telephone users, but the commitment of whether Iredell County will install the 911 Enhanced system should be made by Iredell County Commissioners prior to the mailing of the ballot. Mr. McKinney said that 50.1% of the telephone subscribers must be in favor of the 911 Enhanced before the N. C. Utility Commission would approve the telephone service billing. He said it would take five to six months to do the balloting, and 18 months to two years to do the installation. Payment for the system is not due until the system is up and running. Updating the system is done by Southern Bell at no extra charge to the county. There are 41,000 telephone lines in the county, including businesses and residences. Mr. McKinney explained how the citizens of the county would receive the 911 service when they are living in Iredell County and have telephone services from another county. Installation charges are $144,000, with an annual cost of $125,000 for maintenance. The municipalities would pick up the cost of the annual maintenance charges and the county will be paying the initial installation charges for them. MOTION from Commissioner Mills to approve the installation of the 911 Enhanced system and leave it to the corresponding municipalities to either approve or disapprove of how their calls will be oo handled. AMENDMENT from Commissioner Mills to authorize Southern Bell to conduct the ballot. VOTING: Ayes - 5; Nays - 0. DAVID PRESSLY, PROPOSED ECONOMIC DEVELOPMENT COMMISSION: David pressly, Mayor of Statesville, came before the board regarding his proposal for the Economic Development Commission. Mr. Pressly gave a presentation of his plan, and the board members asked questions regarding his proposal. Commissioner Mills said he did not see why the economic development could not continue to be spearheaded through the chamber of commerce, and said he thought the chambers did a good job of ¢ recruiting industry. Chairman Hedrick said he believed the number one priority of the county is to supply water and sewer line funding for industry, and said he saw the need to have a bond referendum to finance the water and sewer line extensions. MOTION from Chairman Hedrick that the county not endorse this proposal from Mayor Pressly as presented at this time, thinking the county's role is that of financing water and sewer line a extensions for industrial development, and that the county commissioners' role will be better served in this manner. VOTING: Ayes - 5; Nays - 0. AFTERLISTS, RELEASES, AND REFUNDS: MOTION from Commissioner Mills to approve the following afterlists, releases, and refunds for the month of March 1985: NAME TOWNSHIP YEAR REASON AMOUNT Pansey Holland Inside 1984 Due exemption 7.61 Joseph Sussman Inside 1984 On disc. to F. Cochran 312.61 Paul Ashburn Chambersburg 1984 Double listed 13.62 Clifford Clubb Chambersburg 1984 House 40% complete 89.50 Mrs. Velma Wong Chambersburg 1984 Appraisal error 15.78 Tommy Johnson Chambersburg 1984 Sold house on discovery 382.28 Wesley Combs Chambersburg 1984 Appraisal error 17.90 J. 0. Brown Inside 1984 house torn down 103.19 Gary Simes Davidson 1984 On disc. to new lease owner 15.60 Sherry Johnson C. Creek 1983 Wrong account Seat 33,15 Sherry Johnson C. Creek 1984 Wrong account Zee 22.29 Robie Nichols, Jr Turnersburg 1980 Lives in Davie County pe 11.29 Frances Walker Inside 1981 Double listed 1.66 15.56 Donald Edmonson Davidson 1984 Double listed 103.25 Norma Byers Olin 1984 Car sold in 1983 1.09 Cynthia Stone C. Creek 1981 Listed in Mecklenburg Co. 1.44 14.44 Charles Pierson Inside 1984 Listed in Asheville 18.95 James C. Mills Shiloh 1980 Listed in Alexander Co. wie Vee James C. Mills Shiloh 1981 Listed in Alexander Co. wae 7.67 Jerry St. John Concord 1984 Double listed 1.71 17.10 Johnny Fowler, Jr. C Creek 1984 DW bought after Jan. 1 80.50 TOTALS 12.98 1,296.67 REFUNDS: Harold H. Anderson Route 6, Box 46L (Beaten Path) Mooresville, NC 28115 78.08 Wade D. Blackwelder Route 4, Box 383-A Statesville, NC 55.26 Burton G. Peterson Route 2, Box 21 Mooresville, NC 28115 71.57 Gary M Call 420 Crestridge Rd. Statesville, NC 28677 137.09 TOTAL REFUNDS 342.00 VOTING: Ayes - 5; Nays - 0. LANDFILL EQUIPMENT SHED - BIDS: On April 3, 1985, the finance officer, Bill Furches, reported to the board that only two bids were received for the landfill equipment shed. The General Statutes require three bids at the first advertising. The request for bids was readvertised, and no additional bids were received, but at the second advertising it is permissadble to open the bids with just two proposals. Proposals received are: $ 35,705.00 39,836.00 P. S. West Construction Co., Inc. Southern Constructors, Inc. The finance officer recommended acceptance of the low bid. MOTION from COMMISSIONER Murdock to accept the low bid of $35,705 from P. S. West Construction Co., Inc. for the construction of the landfill equipment shed. VOTING: Ayes - 5; Nays - 0. LOCK BOX FOR TAX COLLECTIONS: The finance officer, Bill Furches, addressed the board regarding a proposal for a lock box for tax collections during the four peak collection months of September through December. By depositing the tax checks directly with the bank through a lock box arrangement, the county can expect to receive interest at an earlier date because the volume of mail is such that it is impossible to get the funds deposited daily during the peak collections period 574 and still get all the other work done. Cost of the service is $50 monthly, plus 24 cents for each item deposited at the bank. It is estimated the county will earn from $5,000 to $7,000 in additional interest by using this method. The tax office will receive a daily itemized accounting of the transactions that occur through the bank. In order to have the lock box at the bank, the county board of commissioners must ask the North Carolina legislators to introduce a special local bill to this effect. MOTION from Commissioner Crosswhite to request the North Carolina legislators to introduce a local bill that would allow the County to use a bank lock box. After the bill is presented, the county board of commissioners will direct the staff to utilize Branch Bank & Trust Company's lock box service at $50 monthly for the four peak months of tax collections. In addition to the $50 a month, cost will be 24 cents per item transacted with the bank. VOTING: Ayes - 5; Nays - 0. TAX COLLECTOR'S REPORT - MARCH 1985: By consensus of the board, the tax collector's report for March 1985 was accepted. IREDELL COUNTY INDUSTRIAL FACILITIES & POLLUTION CONTROL FINANCING AUTHORITY - APPOINTMENTS: MOTION from Commissioner Murdock to appoint Alfred L. Levan and Danny S. Hearn for six-year terms on the captioned authority. Terms begin May 3, 1985 and expire May 2, 1991. There were no other nominations. VOTING: Ayes - 5; Nays - 0. REPORTS: The board received as information the following departmental reports: EMS Monthly Activity Report - March 1985 Veterans Service - March 1985 Activity Report Finance Office - Detail Budget Report, period ending 3/29/85 Social Services - Program Statistics, April 1985 Progress & Problems Report - march 1985 Social Work Division April 1985 Report Letter re Amount of Medicaid Payments to Providers in Iredell County, dated 3/21/85 Animal Control - March 1985 Activity Report SUPPORT OF THE CHAMBERS OF COMMERCE IN THE ECONOMIC DEVELOPMENT: MOTION from Commissioner Mills to adopt the following resolution: WHEREAS, economic development is a matter of the highest priority to the citizens and taxpayers of Iredell County; and WHEREAS, the Chambers of Commerce in the County have contributed substantially to economic development and industrial diversification in the past; and WHEREAS, the Chambers of Commerce are appropriate vehicles for the handling of economic development in the future. NOW, THEREFORE, BE IT RESOLVED: _ 1.) Economic Development for the coming year be handled for the County by the respective Chambers of Commerce. 2.) the respective Chambers of Commerce be encouraged to employ persons and develop staff and facilities sufficient to adequately promote Iredell County, to recruit industry to the county, to assist new industry in locating here, and to assist all existing industries to expand and develop. VOTING: Ayes - 5; Nays - 0. LEASE-PURCHASE AGREEMENT - 627 B CATERPILLAR FOR LANDFILL: At the April 3, 1985 meeting the board approved the purchase of a 627 B Caterpillar for use at the landfill. This approval was through the sealed bid process, with Carolina Tractor & Equipment being the low bidder at $198,347, to be paid through the lease-purchase arrangement. The finance officer, Bill Furches, presented the lease-purchase agreement at this time for board approval. He said the quotation of the 627-B Caterpillar for $198,347 is being financed at 8% interest through Caterpillar Equipment Corporation. The agreement document is subject to the county attorney's approval. The equipment is being delivered on May 15, 1985. 373 MOTION from Commissioner Mills to approve the lease-purchase agreement with Caterpillar Equipment Corporation in the amount of $198,345 at 8% interest, subject to the county attorney's approval of the lease-purchase document, and also authorize the chairman and clerk to sign this document on behalf of the county. VOTING: Ayes - 5; Nays - 0. ENERGY SAVINGS PROGRAM: Centralina Council of Governments representative, Ben Agner, was present to discuss the energy savings program with the board. He explained how he had assisted other government units to save money on their utility bills and proposed to do the same program for Iredell] County at a cost of 6,081 annually. Mr. Agner was asked if he could do this same service for the school systems in the county. Mr. Agner said he could, but it would have to be done with a special agreement. MOTION from Commissioner Murdock to participate in the Energy savings Program, entering into an agreement with the Centralina Council of Governments, in the amount of $6,081 annually for cost of the program. VOTING: Ayes - 5; Nay s- 0. EXECUTIVE SESSION: MOTION from Commissoner Mills to enter into Executive Session to discuss litigation matters. VOTING: Ayes - 5; Nays - 0. MOTION from Commissioner Mills to adjourn from Executive Session to Regular Session. VOTING: Ayes - 5; Nays - 0. CIVIC CENTER AUTHORITY: The county manager, Wayne Deal, reported he had asked for study of Phases 1-3 of the Civic Center plans. They wre not available at this meeting, but were being mailed directly to the board members and should be received in the next few days. A discussion took place regarding a hotel and motel tax which would help to defray the cost of the Civic Center. RALPH KENNERLY ~ REMOVAL FROM MT. MOURNE FIRE TAX DISTRICT: In response to the Chairman's question regarding the captioned matter, the county manager said he had a letter on his desk to be signed and sent to Ralph Kennerly. The letter advised Mr. Kennerly that he does not have any property in the Mt. Mourne Fire Tax District. ADJOURN: MOTION from Commissoner Murdock to adjourn. TIME: 11:30 p.m. Next meeting: May 7, 1985, 7:30 p.m., Agricultural Center Conference Rooms 1 and 2. APPROVED: May 7, 1985. Recorded at Register of Deeds, Book 27, pp. 229-244, IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES MAY 7, 1985 The Iredel] County Board of Commissioners met in Regular Session on Tuesday evening, May 7, 1985, 7:30, Agricultural Center Conference Rooms 1 and 2. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney Lisa Beckham, Planning Director Bill Mashburn, Health Director Bill Furches, Finance Officer Chuck Gallyon, Fire Marshal Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick 576 INVOCATION By Chairman Hedrick PRESENTATION OF RESOLUTIONS OF APPRECIATION - BURKE COUNTY EMERGENCY RESPONSE: MOTION from Commissioner Hedrick to adopt the following resolution: IN APPRECIATION WHEREAS, Iredell County's volunteer fire departments and rescue squads have served Iredell County citizens well for many years in fire protection and emergency services, and WHEREAS, through these volunteers’ unselfish contributions of time and skills, Iredell County has volunteer fire departments and rescue squads of Excellent Quality, and WHEREAS, ON April 4 and 5, 1985, the Iredell County Volunteer Firemen and Rescue Squads answered an emergency call in Burke County, giving of their time and skills to assist our neighboring county in an unfortunate situation, NOW, THEREFORE, the Iredell County Board of Commissioners would like to go on record as expressing its deepest appreciation for these acts of kindness shown to our neighboring county, knowing that many of these volunteers served at a great personal and financial cost to themselves, AND FURTHER, the Iredell County Board of Commissioners acknowledges with pride the expertise and skills practiced by our volunteers, not only in this incident, but in all emergency situations in which they are involved. IREDELL COUNTY BOARD OF COMMISSIONERS s/Larry S. Hedrick, Chairman Adopted 7 May 1985 VOTING: Ayes - 5; Nays - 0. NATIONAL RURITAN WEEK IN IREDELL COUNTY: MOTION FROM Chairman Hedrick to adopt the following resolution: WHEREAS, the Ruritan has six clubs in Iredell County, and WHEREAS, Ruritan's emphasis is on fellowship, good will, and community service, and WHEREAS, through these objectives, Ruritans assist people from all walks of life and in all age groups, answering calls for service with labor and/or monetary contributions, NOW, THEREFORE, the Iredell County Board of Commissioners, recognizing the importance of the contributions made by Ruritans in Iredell County, does hereby proclaim the week of May 19-25, 1985, as NATIONAL RURITAN WEEK IN IREDELL COUNTY AND FURTHER, commends all Ruritan members for their community service, urging them to continue their service for the betterment of Iredell County and its citizens. IREDELL COUNTY BOARD OF COMMISSIONERS s/Larry S. Hedrick, Chairman Adopted 7 May 1985 VOTING: Ayes - 5; Nays - 0. APPROVAL OF MINUTES ~ APRIL 16, 1985: MOTION from Commissioner Mills to approve the minutes with corrections indicated. VOTING: Ayes - 5; Nays - 0. CHAIRMAN HEDRICK ADJOURNED THE MEETING TO A PUBLIC HEARING. ALEX BEAM, REZONING REQUEST: Lisa Beckham, planning director, identified the oroperty requested for rezoning on the Iredel} County Zoning Map. 377 Mr. Alex Beam owner of the property, is requesting rezoning of property on NC Highway 150, near intersection of S. R. 1168, McCreary Road, between Big Daddy's Restaurant and Lakeside Cycle Shon. He proposes to have an antique car and car parts service at this location. Rezoning requested is from Residential Agricultural to Highway Business and consists of approximately 3.5 acres. B No one present was opnosed to this rezoning. PAVING PARTICIPATION- S. R. 1988 - LORRAINE DRIVE: Alice Fortner, assistant to the manager, reported that everything was in order for the board to adopt this paving participation program, if the board desired to do so. Mr. Stanley R. Foreman was present and said he owed more money than he had actually paid into the program, according to the front footage he owns. After a discussion, he was going to check with the persons who collected the funds for those signing the petition, as the county has already received the right amount of funds for this program. No one else spcke for or against this project. CHAIRMAN HEDRICK CLOSED THE PUBLIC HEARING AND RE-OPENED THE REGULAR MEETING OF THE BOARD. ALEX BEAM PROPERTY REZONING: MOTION from Commissioner Murdock to rezone the property belonging to Alex Beam which is located on NC Highway 150, near intersection of S. R. 1168, McCreary Road, between Big Daddy's Restaurant and Lakeside Cycle Shop, more specifically described as Iredell County Tax Map 2P, Block A, Lot 8, and consists of approximately 3.5 acres. Requested rezoning is from Residential Agricultural to Highway Business. VOTING: Ayes - 5; Nays - 0. PAVING PARTICIPATION S. R. 1988 - LORRAINE DRIVE: MOTION from Commissioner Murdock to adopt the following resolution: WHEREAS, THE Board of Commissioners on April 2, 1985, adopted a preliminary resolution giving notice of intention to assist in the financing of improvements to rural subdivision and residential streets; and WHEREAS, due notice has been given that on the 7th day of May, 1985, at the Agricultural Center Conference Rooms 1 and 2, Statesville, North Carolina, a Public Hearing would be held on whether the assistance in the financing of the road improvements hereinafter described shall be made and that all objections to the legality of the making of such financial assistance are required by law to be made in writing, signed in person or by an attorney, and filed with the Clerk to the Board at or before the time of the Public Hearing; and WHEREAS, the Public Hearing has now been held and any objections made concerning the financial assistance were considered. NOW, THEREFORE, be it resolved by the Board of County Commissioners of the County of Iredell: 1. That the street or streets, road or roads, or rights-of-way herein set out are without paving, and public interest requires that asphalt ribbon paving be made available, and that abutting property will be benefitted to the extent of the part of the cost thereof to be assessed against such abutting property. 2. If the local improvements are ordered made by the North Carolina Department of Transportation, the County of Iredel! shall remit to the State Department of Transportation the proportion of the cost thereof representing the total local share as required by the policies of the North Carolina Department of Transportation's Secondary Road Council. 3. THAT NO SUCH PAYMENT WILL BE MADE TO THE DEPARTMENT OF TRANSPORTATION BY THE COUNTY UNTIL ALL THOSE PERSONS SIGNING THE PETITION REQUESTING PARTICIPATION PAVING HAVE MADE PAYMENT IN FULL OF THEIR PRORATED SHARE. THIS PAYMENT TO BE MADE TO THE TAX COLLECTOR'S OFFICE OF IREDELL COUNTY. 4. That the local improvements to be made on the street or streets, road or roads, or rights-of-way, set above as follows: ASPHALT RIBBON PAVING ROAD #1988 2,293 FEET, at $1.955 PER FOOT 5. Terms of payment as described in the Notice of the Public Hearing was served on 378 gi. a the owners of the property to be assessed. IREDELL COUNTY BOARD OF COMMISSIONERS s/Larry S. Hedrick, Chairman Adopted this the 7th day of May, 1985. Clerk: s/Alice Fortner SEAL CHAIRMAN ADJOURNED THE MEETING BACK TO PUBLIC HEARING. COMMUNITY WASTEWATER DISPOSAL SYSTEM ORDINANCE, CONTINUATION OF PUBLIC HEARING: This hearing was continued from April 2, 1985 meeting. Miss Lisa Beckham, planning director, discussed the Draft #5 of the proposed Disposal System Ordinance with the board and with others present. Those taking part in the discussion in addition to the county board of commissioners and staff were: Mr. Carroll Weber Mr. Carrol] Williams Mr. Johnny Craver Mr. Albert Walser Mr. Duane Lewis Mr. Chandler Bryan Mr. Jim Miller The topic of the hearing were the retention facility and insurance of the wastewater disposal systems. After a lengthy discussion, the board referred to the ordinance back to the attorney, Mr. Davenport, and the planning director for further revisions. Chairman Hedrick adjourned the public hearing until May 21, 1985 meeting of the board. COMMUNITY-BASED ALTERNATIVES TASK FORCE - PROPOSALS FOR FY 1985-86 BUDGET: Mr. Car1 Duncan, chairman of the community-based alternatives task force, and Mr. Paul Riske, co- chairman of the task force, came before the board to present the proposals for the 1985-86 budget. Mr. Duncan said the North Carolina General Assembly has appropriated $80,354 for the upcoming fiscal year, and the task force recommended the following break-down: Iredell County Youth Home $15,500 Statesville Recreation Department 4,450 Iredell County Recreation Department 6,315 Iredell County Schools 20,411 Mooresville City Schools 16,614 Statesville City Schools 17,063 TOTAL $80, 353 MOTION from Commissioner Murdock to approve the above-listed appropriations. VOTING: Ayes - 5; Nays - 0. HEALTH DEPARTMENT - FEES FOR FLU VACCINATIONS: Mr. Mashburn, health director, presented to the county board of commissioners, a fee schedule that was approved by the Iredell County Health Board on April 11, 1985. Those receiving this service would be charged a $5 fee, which covers the cost of providing and administering the vaccine, with the provision that no one would be denied the service because of inability to pay. The health board requested the Iredel] County Board of Commissioners to ratify this $5 fee charge. 379 MOTION from Commissioner Mills to approve the $5 fee for flu vaccinations as recommended by the Iredell County Health Board. VOTING: Ayes - 5; Nays - 0. DEPARTMENT OF SOCIAL SERVICES - COURT-ORDERED HOME STUDIES FEE CHARGE: The Iredell County Social Services Board has approved the change of fee policy for court- ordered home studies to require payment for the studies to be paid up front prior to initiating the investigation. A maximum of $150 is charged for this investigation, but the director of social services, Mr. Don Wall, reported that it is difficult to collect after the service has been rendered. MOTION from Commissioner Stewart to follow the recommendation of the Iredell County Social Services Board and collect the fee up front. VOTING: Ayes - 5; Nays - 0. TROUTMAN PLANNING BOARD - APPOINTMENTS: The Town of Troutman has submitted two names for appointment to the Troutman Planning and Zoning Board, one-mile perimeter area. These are for three years, beginning May 13, 1985, and concluding May 12, 1988. The names submitted were: Mrs. Marjorie Sigmon Mr. George Rogers MOTION from Commissioner Murdock to appoint the two recommended persons, Mrs. Marjorie Sigmon and Mr. George Rogers, to the Troutman Planning and Zoning Board, one-mile perimeter area. VOTING: Ayes - 5; Nays - 0. APPOINTMENTS - REGION F COUNCIL OF GOVERNMENTS, ADVISORY BOARD: Several appointments will expire on the advisory boards for the Centralina Council of Governments. After discussion, the board tabled thse appointments until the May 21st meeting and requested the clerk to contact those who are recommended for reappointment and let the board members know if any will not be eligible to serve again. The Chairman instructed the clerk to check on the eligibility of Mr. Grady Hall to serve since he resides in Rowan County and works in Iredell County. SOUTH IREDELL VOLUNTEER FIRE DEPARTMENT: The board accepted a petition from South Iredell volunteer Fire Department, presented to the clerk to the board on April 24, 1985, and brought to this meeting to be presented to the board. The petition was accepted for information. NO BOARD ACTION. EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION PLAN: Mr. Deal presented the board with a policy statement on Equal Employment Opportunity, Affirmative Action Plan, for the board's consideration. After a discussion, it was the consensus of the board members that they would like the county attorney to review the policy before final adoption. MOTION from Commissioner Mills that the Board go on record as being in favor of Equal Employment Opportunity and adopting a suitable statement of policy and instruct the county attorney to look into the matter. VOTING: Ayes - 5; Nays - 0. FY 1985-86 BUDGET: The county manager said he was very busy with the budget and would be calling the board members within a few days so they could individually come at their convenience and let him show how the budget is shaping up. He wants to do this so the board members will have some ideas on the budget before the budget is actually finalized. N. C. CODE OFFICIALS QUALIFICATION BOARD MEETING: The county manager informed the board that representatives from the captioned board were available to give presentations regarding the inspection program and gave the board members some alternate dates. After discussion, the date of May 29, 1985, 12:00 Noon, Statesville City Club, was set for a meeting with these representatives. FUTURE AGENDA ITEMS: Chairman Hedrick called to the attention of the board members the items that would be coming before the board in the near future; namely, schools, hospital, civic center, and economic development commission. HOTEL/MOTEL TAX (PROPOSED): Chairman Hedrick said Senator Bill Redman had inquired if the county commissioners wanted this tax to be county-wide or city-wide. He suggested the county staff compile a list of civic events the county supports through tax funds, i.e., Dogwood Festival, Fairgrounds, Balloon Rally, etc., and use the proposed hotel/motel tax for these appropriations ADJOURN: Chairman Hedrick adjourned the meeting at 10:55 p.m. Next meeting: May 21, 1985, 7;30 p.m., Agricultural Center Conference Rooms 1 and 2. - g eas ff WY Lz z tt Da hi Clerk to the Board APPROVED: May 21, 1985. Recorded at Register of Deeds, Book 27, pp.245-257. IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES MAY 21, 1985 The Iredell County Board of Commissioners met in Regular Adjourned Session on Tuesday evening, May 21, 1985, 7:30, Agricultural Center Conference Rooms 1 and 2. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager Joe Ketchie, Tax Collector Lois Troutman, Tax Supervisor Bill Furches, Finance Officer Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick INVOCATION: By Commissioner Murdock APPROVAL OF MINUTES: MOTION from Commissioner Murdock to approve the minutes from the May 7, 1985 meeting with a correction indicated by Commissioner Mills. VOTING: Ayes - 5; Nays - 0. CHAIRMAN HEDRICK ADJOURNED THE MEETING TO A PUBLIC HEARING. COMMUNITY WASTEWATER DISPOSAL SYSTEM ORDINANCE: Chairman Hedrick announced this matter was tabled from the May 7, 1985 meeting; however, the attorneys do not have the corrections made as requested by the board. The Chairman asked that this hearing be postponed until June 4, 1985, 7:30 p.m. MOTION from Commissioner Murdock to adjourn this public hearing on the Community Wastewater Disposal System Ordinance until June 4, 1985, 7;30 p.m., Agricultural Center Conference Rooms 1 and 2. VOTING: Ayes - 5; Nays - 0. CHAIRMAN HEDRICK ADJOURNED THE PUBLIC HEARING AND RE-OPENED THE REGULAR MEETING OF THE BOARD. CIVIC CENTER PROJECT: Mr. Peter T. Meletis, Chairman of the Civic Center Authority, came before the board regarding the civic center proposal. He introduced the members of the civic center authority: Mr. Larry Hedrick, Mr. Ron Hawkins, Mayor David Pressly, N. S. Gaither, III, and Ken Gifford, co-owner of the Gifford-Nielson-Williams firm from Charleston, SC, who has been working with the authority. Since the reactivation of the civic center authority in March 1984, Mr. Meletis said, the authority has come a long way. The purpose of the authority is to acquire, establish, construct, operate, and maintain a public civic center and the allied facilities. This facility is proposed to serve the civic, arts, sports, and entertainment needs of the county. Mr. Gifford gave some of the data that were compiled over the last fifteen months, using charts he had prepared to explain the proposal. Mr. Meletis said the purpose of coming to the board was to ask the commissioners to call for a bond election for the civic center. he said once he received the indication that they would be allowed to be on the ballot, he would like the opportunity to come back with a specific proposal, tying down the site and more specific cost and report to the county commissioners and to the city council. Questions were asked of Mr. Meletis by the county commissioners, some of which were: When did the authority have in mind for the referendum to take place? eee 581 Would the authority be willing to try to obtain the signatures of at least 10% of the 42,675 registered voters on the petition? If this issue is held at a separate election, would the civic center authority be willing to hold its election after the schools and water and sewer referenda? Mr. Meletis said he thought this issue was important enough that it should be treated as a separate issue and shouldn't "coat tail" school and water and sewer bond referenda. In setting priorities for al] the proposed bond referenda, Chairman Hedrick said it was his belief that the following is the order in which they should occur: (1) Schools (2) Water and Sewer (3) Civic Center Mr. Meletis said he had in mind to have the civic center referendum in August or September. The county manager advised the board there were some legal restraints regarding when a bond election can be held in respect to other elections. There also are some administrative restraints, such as printing the ballots, etc., he said. MOTION from Commissioner Mills that in general we support the Authority's request for a referendum. In discussion, Mr. Mills inquired if the authority had enough money to do the remaining work, and Mr. Meletis replied that they would probably have to have more funds. VOTING: Ayes - 3 (Mills, Hedrick, Murdock); Nays - 2 (Crosswhite, Stewart). MOTION from Commissioner Stewart that a petition containing at least 10% of the registered voters be required prior to the board's calling for a referendum (10% of the registered voters being approximately 4,200 names). AMENDMENT from Chairman Hedrick that specifics be placed at the head of the petition which are recommended as: (1) Site location (2) Amount of money involved in the total project VOTING ON MOTION AND AMENDMENT: Ayes - 3 (Stewart, Crosswhite, Hedrick); Nays - 2 (Mills, Murdock). PLANS FOR INDUSTRIAL DEVELOPMENT IN SOUTH IREDELL ~ JOHNNY CARVER: Mr. Johnny Carver came before the board to make the board aware of his plans for development in South Iredell at the I-77 and US 21 exchange. He presented a chart of his development plan and discussed it briefly with the board. Chairman Hedrick thanked him for coming and told him he appreciated what he was doing. TAX COLLECTOR'S REPORT - APRIL 1985: Joe Ketchie, Tax Collector, presented the current and delinquent tax collections reports for the month of April 1985. MOTION to accept the reports from Commissioner Stewart. VOTING: Ayes- 5; Nays - 0. AFTERLISTS, RELEASES, REFUNDS - APRIL 1985: Lois Troutman, tax supervisor, presented the afterlists, releases, and refunds for the month of April 1985. MOTION from Commissioner Murdock to accept them as presented. VOTING: Ayes - 5; Nays - 0. LATE NAME TOWNSHIP YEAR REASON PEN. AMOUNT Pamela Haithcox Inside 1984 Computer carry up 36.78 Roy E. Horton Chambersburg 1984 No household rental 3.60 C. fF. Cook Inside 1984 Double listed 1.47: “Wr New Freedom Church Inside 1984 Exempt 130.92 . Inside 1984 Exempt 264.81 . Inside 1984 Exempt 446.16 William Newton C. Creek 1984 No household 4.87 Rebecca Calder Chambersburg 1984 No household e732 582 James Hix Turnersburg 1984 To correct farm'use error 135.37 Jessie Riggs Chambersburg 1984 Appraisal error 16.59 TOTALS 1.47 1,086.57 Ralph E. Kennerly Route 1, Box 587 Mooresville, NC 28115 $5.63 Hollie Cash Route 6, Box 172 Statesville, NC 28677 $227.02 Reece R. Cockerham Box 591 Statesville, NC 28677 $ 9.57 REMARKS TO THE TAX SUPERVISOR: Chairman Hedrick commended the tax supervisor, Mrs. Lois Troutman, and the other members of her staff who took part in the equalization and review board hearings. He also said he appreciated Mr. Bill Mills, county commissioner, chairing these meetings. HOSPITAL WEEK ~ MAY 12-16, 1985: The following proclamation was signed earlier by the chairman, Mr. Larry Hedrick, and is now being introduced as part of the record. MOTION from Chairman Hedrick to enter the resolution in the minutes. VOTING: Ayes ~ 5; Nays - 0. WHEREAS, May 12-18, 1985, has been designated National Hospital Week; and WHEREAS, National Hospital Week 1985 salutes the "Lifework” of Davis Community Hospital and ~ Irede]] Memorial Hospital and its employees, hereby referred to as "Lifeworkers;" and WHEREAS, the citizens of Statesville and Iredell County depend daily on these "Lifeworkers" quality cf our lives. NOW, THEREFORE, let it be known that I, David Pressly, Jr., Mayor of the City of Statesville, and I, Larry S. Hedrick, Chairman of the Iredel! County Board of Commissioners, do hereby proclaim May 12-18, 1985, as HOSPITAL WEEK AND DO HEREBY URGE ALL CITIZENS OF Statesville and Iredell County to participate in the celebration of these hospitals. Given this the 14th day of May, 1985, in Statesville in the Great State of North Carolina. s/Larry S. Hedrick Chairman INFANT SEATS ~ DAVIS COMMUNITY HOSPITAL: A contract was presented by the chairman's signature to provide 10 additional car seats for infants to be loaned out to new parents. These seats come from the Department of: Transportation, Highway Safety Division. MOTION from Commissioner Mills to approve this contrAct and authorize the chairman to sign on behalf of the county. VOTING: Ayes - 5; Nays ~ 0. RESOLUTION FOR JOHNNY BURCHETTE CONTRIBUTIONS: MOTION from Commissioner Crosswhite to adopt the following resolution which was presented earlier to the Johnny Burchette Committee. VOTING: Ayes ~ 5; Nays - 0. WHEREAS, Johnny Burchette, a citizen and resident of Iredell County, North Carolina, has experienced severe and catastrophic health problems; and WHEREAS, Johnny Burchette is scheduled to become one of the first half dozen or so recipients of a heart transplant; and WHEREAS, the financial burden on Johnny Burchette and his family resulting from his health problems is overwhelming and likely to aggravate the health of Johnny Burchette, and WHEREAS, numerous citizens of Iredell County have expressed interest in helping the Burchette Family in its crisis and have requested advice on how to do so; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Iredell! County: 1, That volunteers place donation boxes in selected businesses around the county and a our citizens be encouraged to fill them; 2. All civic, fraternal, and social organizations in the county are challenged and urged to undertake fund raising activities and projects; 3. The churches in the county are requested to designate Sunday, June 2, 1985, as a day in which "love offerings" be solicited for the Johnny Burchette Fund; and 4. All governmental leaders are requested to’ exercise their ‘influence to encourage citizens to give generously. IREDELL COUNTY BOARD OF COMMISSIONERS s/Larry S. Hedrick, ChAirman COMMUNITY-BASED ALTERNATIVES TASK FORCE - APPOINTMENTS: These appoints were tabled until the June 4, 1985 meeting. DEPARTMENTAL REPORTS RECEIVED: Animal Control, April 1985 Veterans Service, April 1985 EMS Report, April 1985 Financial Report, p/e 4/30/85 FUTURE MEETINGS OF THE BOARD: June 3, 1985, 7;30 p.m., Commissioners Information Planning Session June 13, 1985, Thursday, 1:30- p.m., Meeting with school officials (Agricultural Center) June 19, 1985, 12:00 - 2:00 p.m., Davis Community Hospital FINANCING AGREEMENT FOR LANDFILL SCRAPER: The finance officer, Bill Furches, presented the financial agreement for the lease-purchase of a scraper at the landfill. This agreement is with Caterpillar Financial Services CorporatlIon with payments of $6,174 monthly for 36 months at 8% interest. MOTION from Commissioner Murdock to accept the agreement and authorize the ChAIrman to sign on behalf of the county. VOTING: Ayes - 5; Nays - 0. HIGHWAY PROGRAM FOR 1985-86: Commissioner Crosswhite brought to the board's attention a telephone c Executive Director of the Alexander County Chamber of Commerce and Economic Development Council. Alexander County Commissioners are asking that Highway 90, Taylorsville Road, be moved up three yeas on the Transportation Improvement plan. The Alexander County Commissioners request that the Iredell County Commissioners join them in this request. MOTION from Commissioner Crosswhite that this board endorse the request for Highway 90 to be moved ahead three years on the Transportation Improvement Plan. VOTING: Ayes - 5; Nays - 0. MOTION from Commissioner Stewart that 01d Mountain Road from I-40 to the Alexander County Line at Hiddenite be moved ahead in priority and that Alexander County Board of Commissioners be asked to join with Iredell County in this request. AMENDMENT from Commissioner Murdock that the improvements be extended to take in Old Mountain Road from Highway 21, South of Statesville. VOTING ON MOTION AND AMENDMENT: Ayes - 4; Nays - 1 (Hedrick). In discussing other road priorities, it was the consensus of the board that they should wait until they had an opportunity to look at the Highway Department's proposed plan for 1985-86. BUDGET FOR 1985-86: The county manager, Wayne Deal, said he would make every effort to get the budget to the board members the latter part of next week. EXECUTIVE SESSION: MOTION from Commissioner Stewart to enter executive session for the purpose of discussing litigation and personnel matters. VOTING: Ayes - 5; Nays - 0. 384 ita se LE MOTION from Commissioner Mills to adjourn from executive session. VOTING: Ayes - 5; Nays - 0. ADJOURN: Chairman Hedrick adjourned the meeting at 10:30 p.m. Next meeting: June 3, 1985, 7;30 p.m., Planning and Information Session, County Annex Conference Room, Statesville, NC. WY ce. eee Clerk APPROVED: June 4, 1985. Not recorded at Register of Deeds. IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES JUNE 3, 1985 The Iredell County Board of Commissioners met in Regular Adjourned Session on Monday evening, June 3, 1985, 8;30 p.m., County Annex Conference Room, Statesville, NC. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman (excused at approximately 9:00 p.m.) Jessie S. Crosswhite Frances L. Murdock... Alice M. Stewart Staff present: J. Wayne Deal, County Manager F. William Furches, Jr., Finance Officer Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick PRESENTATION OF FY 1985-86 BUDGET: County Manager Wayne Deal presented copies of the proposed budget for 1985-86 to the county board of commissioners and to members of the press who were present for the work session. DATE SET FOR PUBLIC HEARING ON THE BUDGET: The board set the date of June 18, 1985, 7;30 p.m., Agricultural Center Conference Rooms 1 and 2, for the public hearing on the proposed 1985-86 budget and General Revenue Sharing. DATES SET FOR BUDGET WORK SESSIONS: The following dates were set for budget work sessions: June 12, 1985 8:30 - 9:30 p.m,., Annex Conference Room June 17, 1985 7:00 p.m., Annex Conference Room DISCUSSION OF REVENUES: The county manager discussed with the board the revenues in the proposed budget. RENOVATION OF OLD COURT HOUSE: County Manager Deal advised the board that renovation for the first floor of the old court house is. budgeted for. the upcoming fiscal year in the Maintenance Budget. SCHOOL BUS SIGNS: Commissioner Murdock spoke about the school bus tragedy in Greene County, and the clerk was asked to remind the board to discuss this at the meeting on Tuesday, June 4, 1985, with reference to acquiring school bus signs. MOORESVILLE OFFICE FOR COUNTY COMMISSIONERS: Commissioner Stewart advised the board she had been working with the county manager who was working with Mooresville Manager, Troy Scoggins, to secure office space for a county commissioners' office in Mooresville. She said she plans to meet with Mooresville citizens on Thursday afternoons. Commissioner Murdock said she would like to do the same thing on another day, possibly a morning. Chairman Hedrick said all the board members might like to do this. The county manager was asked to continue to locate office space for this purpose. BUDGET REVIEW: The board reviewed several budgets and concluded the meeting at 10:45 p.m. 385 Lr earns v Clerk to the Board APPROVED: August 20, 1985. Recorded at Register of Deeds, Book 27, pp. 258-260. IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES JUNE 4, 1985 The Iredell County Board of Commissioners met in Regular Session on Tuesday evening, June 4, 1985, 7;30, Agricultural Center Conference Rooms 1 and 2. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney Lisa Beckham, Planner Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick INVOCATION: By Commissioner Crosswhite APPROVAL OF MINUTES: MOTION from Commissioner Crosswhite to approve the minutes with a correction indicated by Commissioner Mills. VOTING: Ayes - 5; Nays - 0. CHAIRMAN HEDRICK ADJOURNED THE MEETING TO A PUBLIC HEARING. SECONDARY ROAD PROGRAM HEARING: Mr. Harry Robertson, Mr. Ray Spangler, Mr. T. G. Brooks, and Mr. Watt Alexander, all State representatives for the Secondary Road Division, came before the board to present the 1985-86 program for secondary road improvements in Iredell County. Mr. Robertson notified the board that the roads would be re-rated in 1986, and this re-rating would become effective July 1, 1986. The county board of commissioners were also advised that the rate for paving participation would go from $4 a center line foot to $8 a center line foot. This price is to become effective July 1, 1985. Mr. Robertson said the department would honor all petitions at the current rate if they were filed with his department prior to July 1, 1985. Commissioner Murdock inquired about signs for the I-40 giving information that slow moving school buses traveled the interstate. Mr. Spangler responded to the question, saying he first wanted to see if it is absolutely necessary for buses to be on I-40. If it is necessary, then he thought such signs should be erected. Chairman Hedrick inquired about paving a road that led to a church, saying he understood there was an effort to pave all roads that gave access to churches. He had been informed that one such road was missed and inquired if the road could be paved with some discretionary funds. The state road officials said they would check it out, and if there was any way they could help them, they would do so. There were no questions from the audience in reference to the secondary road program. Maal Ps ory ‘ aie! ik EO .. 586 CHAIRMAN HEDRICK ADJOURNED THE PUBLIC HEARING TO REGULAR MEETING. PROPOSED 1985-86 SECONDARY ROAD IMPROVEMENT PROGRAM IREDELL COUNTY PRIORITY DESCRIPTION LENGTH AMOUNT 1 SR 1223-A from NC 115 to SR 1224 Grade, Base & Surface 0.08 $ 8,000 2 SR 1697 from SR 1005 to Dead End Grade, Base & Surface ies 26,000 3 SR 2360-N From SR 2359 Southeast Grade, Base & Surface 0.89 68,000 4 SR from SR 2158 to SR 2169 Grade, Base & Surface 1.14 100,000 5 SR 1835-S From Sr 1837 to SR 1836 Grade, Base, Surface & Structure Bridge #232 1.12 . 196,000 W.0.6.822402 SR 2150 From SR 2145 to Dead End Grade, Base & Surface -61 23,020 W.0.6.822404 SR 1202 From SR 1102 to Dead End 2,090 LF SR 1248 From SR 1202 to Dead End 1,150 LF 62 31,764 W.0.6.822403 SR 1437 From End of Pavement to Dead End Grade, Base & Surface 0.49 32,150 W.O. SR 1528 From Sr 1526 to Dead End Grade, Base & Surface 0.36 23,700 W.0. SR 2421 From SR 2316 to Dead End 0.20 4485 // gif go j ; | 7). [te <i o AAL tia PAVED ROAD IMPROVEMENTS: ft. F- W.0.6.822369 SR 2321 From SR 2461 to U. S. 64 Widen Pavement 18' to 22' 1.85 81,000 W.0.6.822396 SR 1004 From Statesville C.L. Southwest to a point 500' Southwest of Back Creek, 2.27 Miles Widen Pavement 18' to 22' Extend Project Southwest to SR 1005 1.60 67,000 SR 2395 From N. C. 115 East Widen Pavement 18' to 22' Improve intersection at N. C. 115 & Resurface 0.40 31,000 Spot Stabilization 120,000 TOTAL PROGRAM $755,449 58/7 BSALANCE SECONDARY ROAD CONSTRUCTION ACCOUNT $ 22,000 1985-86 ALLOCATION 793,816 TOTAL FUNDS AVAILABLE 815,816 LESS PROGRAM 755,449 BALANCE IN RESERVE $ 60,367 VOTING ON MOTION: Ayes - 5; Nays - 0. CHAIRMAN HEDRICK ADJOURNED THE MEETING TO PUBLIC HEARING. ADOPTION OF SCROLL FOR PAVING PARTICIPATION FOR S. R. 1988, LORRAINE DRIVE: The following scroll was presented to the board for its action, having been advertised and the persons listed on the scroll notified: Geraldine B. Harkey Route 11, Box 456A Statesville, NC 28677 200' @ $391.00 Deloris C. Kostron 702 Paul Street Kissimmee, FA 32741 132' @ $375.00 No one present spoke regarding this mavter during the public hearing. CHAIRMAN HEDRICK ADJOURNED THE PUBLIC HEARING TO REGULAR SESSION. MOTION from Commissioner Murdock to approve the scroll for S. R. 1988, Lorraine Drive, as presented to the board. VOTING: Ayes - 5; Nays - 0. CHAIRMAN HEDRICK ADJOURNED THE MEETING BACK TO PUBLIC HEARING. CONTINUATION OF HEARING ON WASTEWATER DISPOSAL SYSTEMS ORDINANCE: Miss Lisa Beckham, planner, presented the board, through the agenda mail-out, the following information: (1) Comments from John Roberts, representative from Camp, Dresser & McKee (2) Draft #6 of the proposed Wastewater Disposal Systems Ordinance with comments from Jerry Davenport (3) Letter from David Bailey, Centralina Council of Governments, Risk Management Specialist Miss Beckham then introduced David Bailey to the board who discussed the insurability procedure for the Wastewater Disposal Systems. Mr. Bailey discussed the following types of insurance involved in a wastewater treatment plant: (1) Performance Bond. This insures the project will be completed as proposed. The contract would probably be with the county, Mr. Bailey said. This is a very common type of insurance. (2) Efficacy Insurance. Basically this means "It'll do what it's supposed to do." This insurance is protection for the land owners that this plant will operate as proposed. The land owners' association, county, or the developer will be the obligee. This is "tricky" in that the developer must insure that his plan is feasible. It is an expensive policy which runs 1 to 2% of the cost of the project. (3) Environmental Impairment Liability Insurance. To insure the obligee when something goes wrong with the plan. Mr. Bailey said this project would be a tremendous potential for an environmental impairment situation. This would be normally covered by general liability insurance, but because of the news and fears regarding the environmental situations, insurance companies are writing exclusions for environmental impairment. They are saying they will cover a broken leg, auto accident, etc., but they exclude environmental impairment. Mr. Bailey said it is virtually impossible to obtain this insurance at a reasonable cost. In summary Mr. Bailey stated the following: (1) Performance Bond - No problem (2) Efficacy - No problem for a legitimate company with a legitimate project. 388 (3) General Liability - with the exclusion of environmental impairment Mr. Bailey said his recommendation was that the county had a pretty sound ordinance with the exception of a few word changes that Miss Beckham had addressed about who is the contractor and who is the receiver of the insurance funds. He made this recommendation from a risk management standpoint. Miss Beckham said she had sent a copy of the information from the Camp, Dresser & McKee firm to Mr. Jerry Davenport for his review. After a discussion of the information from Camp, Dresser & McKee, it was the consensus of the board that this information, along with the copy of the ordinance from Forsyth County, should be discussed with Mr. Jerry Davenport, and a meeting to do this was set up for July 2, 1985, 5:00 p.m. This would be a work session with Jerry Davenport; Camp, Dresser, and McKee representative; and anyone else that wishes to attend. (Note: This meeting date later scheduled for July 11, 1985, 5:00 p.m. until 7:00 p.m., County Annex Conference Room. This was due to a conflict on Mr. I calendar when Miss Beckham telephoned him during the break in the meeting. The Chairman requested Miss Beckham to draw up some comments about the differences in the two proposed ordinances (Iredell and Forsyth's) and make some recommendations to the board prior to the meeting with Mr. Davenport. It was suggested that the county commissioners go by the planning office and discuss this matter with Miss Beckham. MOTION from Commissioner Crosswhite to recess this public hearing until July 2, 1985, 7:30 p.m., Agricultural Center Conference Rooms 1 and 2. VOTING: Ayes - 5; Nays - 0. PUBLIC HEARING: REQUEST FOR REZONING FROM CRESCENT LAND AND TIMBER COMPANY: (complete transcript) Item 3 in your agenda is the consideration of a rezoning request from Crescent Land & Timber, which is memo #2. Lisa Beckham: This request comes fro Crescent Land & Timber to rezone property located on Mecklyn Road. This is I-77. This is the Mecklenburg County Line. This property is reached by access road called Mecklyn Road. The tax map doesn't show it, but it parallels the inter-state here off Langtree Road. It's just about as far south as you can go in Iredell County. It is 31 acres, presently zoned residential/agricultural. They are requesting a highway business zoning. This is Transco across the inter-state which is zoned light manufacturing with some warehousing (not clear). I brought copies of the highway/business district for your information as to the types of uses that are allowed in highway/business. This tract (not clear) north boundary is property owned by Joe Knox of Mooresville. This is an estate here. There has been no opposition to the request. The planning board voted unanimously to approve the request. This site here was the former site of the Robert —. Lee riverboat. This site here, 31 acres, is proposed for highway/business. Miles Boyer of Crescent Land & Timber is here to answer any questions you have specific to this proposal. HEDRICK: This request is from Crescent Land & Timber Corporation? BECKHAM: That's correct. They own it. HEDRICK: Are they planning to develop the land for the purpose that is listed here, that is commercial recreation? BECKHAM: Yes. They have a proposal, I think it's a lease agreement for four acres, with a developer to put in an attraction that I think would be called the Robert E. Lee Riverboat again. That would be four acres out of the 31 acres. That's my understanding. This is allowed in the highway/business district as an outdoor commerical recreation facility. HEDRICK: Mr. Boyer, what is planned for the additional 27 acres at this time that would be included in the 31 acres? If you took four acres for the riverboat, is there any specific plans for the other 27 acres? BOYER: No, there is not. In terms of, I think you mean a specific project. No. The riverboat is the only specific project now identified. 389 HEDRICK: Just for curiosity purposes, roughly where are we talking about the location of the four acres that you do have definite plans for? BOYER: Taking advantage of the exposure on the inter-state, this four acres is right here, with the riverboat mooring right here. HEDRICK: Mr. Grier also is here. I believe he has available some information that you might share with us at this time relative to the location and construction of the support systems for the Robert E. Lee. Anybody that has any questions that they might like to direct to him or to Mr. Boyer. STEWART: I have a question, Mr. Chairman. In order for, and I'm not familiar with the riverboat operation and that type of thing, but in order for that to come around to that side of that point, is there any dredging, that sort of thing, have to take place in the lake? GRIER: We don't anticipate anything. The depth is adequate. The depth of the water (not clear). It is flat bottom construction and I don't think (not clear). STEWART: Mr. Boyer, what do you propose to do with the remainder of this land over a time frame? Do you have any developmental plans? Do you plan to lease it to other (not clear)? BOYER: Once we start, the sooner the better, no developer likes to have idle land. The highway/business district includes all the permitted useages in the neighborhood/business district, and I'll just read through the type uses that to us are suitable. To the occupant, for example, the second item in the neighborhood/business is a bank. Well that's a very desirable use from our standpoint, whether that site is very attractive to a bank, certainly not today, but who knows what the future might bring. Dry cleaning, floral, food stores, laundries, laundromats, libraries, medical, dental clincs, laboratories, nursery schools, offices, business, professional and public. There could be office space built there. Fire and police stations. Radio shops, restaurants. That could very well be a prime restaurant location. A variety of retail establishments with access from water and by land. Service stations for automobiles. I would think there could be a service station for automobiles there. Shoe repair shops, I don't know. Signs, tailors, indoor movie theatres. There could be a movie theatre. | understand they are becoming more attractive, according to national trends. When we get over into the highway/business district, alcoholic beverages. Well Iredell County, at least today, is dry. It may be dry for a long time, I don't know. Assembly halls. There could be a convention center there, combined with a motel and a tourist attraction of a boat, a lake, and a highway. It just seems like there might be some (not clear) a nice convention motel with an assembly hall. STEWART: But at this point in time you don't have any plans to develop it? BOYER: I don't have an operator in hand. That's correct. STEWART: And I can only assume, then, that you would be leasing this property or selling, leasing it more than likely to interested parties? BOYER: More than likely. We would, It is our preference to develop this for our own account. STEWART: With no restrictions? BOYER: Oh no, we have an awful lot of restrictions. More than possibly, for example, we have architrectural controls which the county doesn't have except in terms of a building code. It'll have some uses that may be permitted that I wouldn't like to have. For example, building materials and equipment. Even if it is included, I don't want it on that property. HEDRICK: I'm sure there is some people in the auditorium who would like to speak in reference to this. We'll allow that in just a moment. Do you have any other exceptions that come to mind from the permitted use that you might address and therefore may relieve someone else's mind? BOYER: Yes, automobile repair garages. Even automobile sales, new and used. I think that's just a poor place for an automobile dealer, on the lake front there. Building materials, camp grounds, they just don't appeal to me on that site. Mobile home, recreational equipment display lots, same as an automobile dealer, I don't want them. Drive-in theatre, that's just not a good use for that property, for an open-air theatre. 590 I didn't mark anything in the neighborhood business. There's some that I don't know whether there would be there or not. I sort of doubt there would be, even though it is a permitted use. It's not something I would say "no" to necessarily, but I just can't aoe a church going there. It is just more expensive land than a church normally can afford. CROSSWHITE: Have you developed any plans at all for that 27 acres? Any long range? BOYER: No. We have not tackled that yet. We have a ground lease proposed with Mr. Grier and his associates for the Robert E. Lee, and that's on the four acres. If he is successful, if that project is successful, he believes, obviously, that it will be. I don't take a stand on it. Except for the land that we invest in this project, we are not otherwise an investor. If he is successful, then that whole project then will become much more attractive to a lot of people. As you know, and Miss Beckham certainly knows, Lake Norman is developing very fast. This site, as she pointed out, is right at the Mecklenburg County line, and there is just an enormous amount of activity going on there. There are not many sites with water frontage and reasonable access available for commercial activity at Lake Norman. The overwhelming bulk of the land is residential, and rightfully so. It should be. HEDRICK: Mr. Grier, would you like an opportunity to comment on your operation? It seems to be the reason for this proposal. GRIER: I'll be brief. I'll be happy to answer any questions anybody has We propose to build again the Robert E. Lee. This time it will be about 20% bigger. We will be carrying 200 passengers, operate on a daily basis, with one hour cruises, targeted toward a family-oriented type situation as we had before on daytime, hourly runs. At night it will be a moonlight cruise just as it was before. The docking facility will be between the land and the highway. It will be a floating dock capable of holding 400 people for loading and unloading purposes. The facility on the ground will be a concession stand and the restrooms and the night watchman and caretaker's residence, either in the concession stand building or in a separate cottage. We will have a hot air balloon tethered thore that says "Robert E. Lee" on it for advertising purposes. That's all the facilities that we have planned. HEDRICK: Does anyone in the audience care to comment at this time on this issue? RON KENNERLY: I'm employed by the Lake Norman Company, and I'm representing Synco, Inc., which is the managing nartner in the partnership owning 80 acres of land in this vicinity. The property that is the subject of the petition is located right here. I want to explain to yu first of all why we did not attend the planning commission hearing on this matter. We don't have an occasion to drive up the interstate, since this land that we hold is vacant land. Quite frankly we were unaware that there was a petition in the offing until we read newspaper accounts of the Robert E. Lee. The newspaper specified the location, approximate size of about four acres of land, and Robert E. Lee being moored next to I-77. After counseling among ourselves we thought that there was probably a good place for the Robert E. Lee, as it has been stated by the developers. What we do have concern with is the magnitude of this zoning petition asking for rezoning of 31 acres for highway/business zoning district and the potential for impacting existing and future residential development along this peninsula. That is the purpose of my appearing here tonight, to discuss with you our concerns about the magnitude of this particular petition. With me tonight representing Synco is Mr. Fred Bryant and Mr. Jim Talbert. At this time I would ask Mr. Bryent to come up. FRED BRYANT: I am a professional urban planner. I have been involved in planning in North Carolina primarily for well over thirty years, most recently operating in the capacity of a consultant. Most of my experience has been in land use (not clear).... I was asked by Synco to look at the request as it is being presented. I did take some time to evaluate the request as it relates to the areas as a whole, to my knowledge and understanding of the entire Lake Norman area, because I have been affiliated over the years with a number of matters that have been involved in all four counties around the lake. I have been in this area since the initiation of the lake itself. I looked at it from that perspective, but I also looked at it very keenly from the perspective of Synco's interest in the area. As Mr. Kennerly has indicated, Synco interest is both to the North and to the South and somewhat to the Northwest of the site. I already mentioned the Davidson peninsula development which is close enough to this site to express some concern about the ramifications of the development of the parcel in relation to that location. But more specifically, as he indicated, they do not have land that is slightly Northwest of the site in Iredell County, which they expect to eventually come into and apply the same sort of high quality development techniques that they have to their other projects. So they do not have those concerns. But as I evaluate this request on their behalf, I think that as a planner I would say to yu first of all that I do not disagree that this is a site that would be appropriate for some non-residential purpose. I think it is. I think it is a site that could be very effectively utilized for some of the non-residential functions that your ordinance provides for. The location is good, it has excellont exposure to the interstate. Access to it (not clear)... I think the site as a whole could find some uses that could be very advantageous for it and tiie surroundings as well as from a non-residential perspective. Neither do I disagree as a planner to the proposal for the location of the site of the Robert £. Lee. I think that is the type of amenity feature that the lake area wil 1 oe 591 benefit from. I think the location is good. I think it is very important that that location be on the East side of that peninsula rather than on the West side. The East side is the one that you related to, the interstate, has the exposure there. It also has quite a bit of built-in protection from other lands in the area. So I think that it is important that it does be on the East side rather than on the West side. So I do not have those concerns with the plan as far as the overall proposal is concerned. But what I do have, as Mr. Kennerly has already alluded to vaguely, I do have problems as a planner to the uncertain future of the use of this property. Thirty-one acres is a large parcel of land, particularly land that is situated as this is. If you look at, as you already heard and Mr. Boyer has referred to, some of the uses that are permitted in the highway/business district, I would even find some potential concern about the use under which the Robert E. Lee would have to come. That particular (not clear) . . . allowed under highway/business is bowling alleys, skating rinks, baseball and golf driving ranges, miniature and (not clear) golf course, mechanical rides, riding stables, go-cart tracks, and other commercial recreation facilities. Other commerical recreation facilities is a broad category, so if all this property would be zoned to highway/business district, there are a lot of protential uses that I see there that could cause some problems, not only to Snyco's propeprties, but to the area as a whole, and to the image and to the vitality that is being generated in this area around the lake. I think we are all justifiably proud of some of the things that are happening around the lake, some of which we are not as proud of as others. But it is a viable area, and it does deserve some protection. That problem that I would see also is not just the use that could be locateded there, but it deals also a little bit with the design of that use. There are some uses that perhaps given proper site planning, proper type of initiation as far as desirable features of planning for the site itself and for the facility itself, could be very beneficial. But the same use, if not carefully located on the grounds, could also be a nuisance and some problem to the area. As I have already indicated, the uses that are allowed under the highway/busiess are many and varied. Finally I would have two suggestions for you, as a planner and as a consultant to Synco in evaluating this area for them and also from my long standing as a party involved in land use matters in this general area. The first suggestion obviously would be to zone only the small portion of land that has been requested for the specific use, to which we would express no opposition. That is one possibility. The other possibility is one which I would like to point out to you. As you are very well aware, your own ordinance does contain obviously the opportunity to control the use of land through a conditional use district approach. Let me, if I may, if you will indulge me for a second, let me read to you from the purpose of that district. It says, "The purpose of this section is to provide a volunteer or alternative procedure for the rezoning of property for a specific use. There are instances where a general, that is a conventional zoning district designation, is clearly inappropriate for a certain property, but a specific use subject to restrictive condition wuld be consistent with the spirit and objectives of this ordinance. Furthermore some land uses have a particular impact on the surrounding area that cannot be predetermined and controlled by general regulations. In order to insure that these uses and the proposal (not clear) would be compatible with the surrounding delvelopment (not clear, reading from the county's zoning ordinance) . . So I would submit to you that that would also be a possibility for application here. If we have a little more certainty, a little more knowledge, of what was going in there, it might be perfectly okay. But as it is, I see it as something wide open and very much subject to misuse and even abuse in certain circumstances. So I would say to you that on behalf of my client, we would say rezone, yes, perhaps, but void in some method the uncertainty and the potential imcompatability of some of the uses that could go on that property. TALLEY: Mr. Chairman and members of the board. My name is Jim Talley, and I am a lawyer in Charlotte. My firm has been general cunsel to Snyco since its incpetion in 1971 and the Lake Norman Company since its inception in 1976 or 77. 592 Synco brought the 80-acre parcel that we are here talking about tonight in 1978 through a partnership that it sponsored. The purpose of the acquisition of that property was to hold it for future development. Conincidentally, the partnership is called Lake Norman Properties-Crescent. The reason is some 40 acres, the nucleus, was brought by us from Mr. Boyer's company, Crescent Land & Timber. Earlier Synbco had been the sponsoring entity for the Lake Norman Company in 19--, before we brought this property. The Lake Norman Company grew out of the nucleus of people who pooled some money back in 1974 to start acquiring options to what would have been a Marine World at Griffith Road at the Davidson Interchange of I-77. When the Marine World went by the board, some of Synco's principals, the Snider brothers, Ritzel and Jimmy; Davidson College; and several others pooled some money to start taking over those options. Over the period of years from '74 foward acquired what ultimately was close to 200 acres in this area in (not clear), some 60 acres on the lake side in the form of the Davidson Landing community that was mentioned earlier. I think you all have seen what has gone up on that peninsula out there, that has gone up some through the auspices of the Lake Norman Company and Synco as its affiliate, some through the auspices of the Martin Development group which has bought property from the Lake Norman Company to do the condo development, the townhouses, etc., that are out there. So that has been a co-venture type arrangement. The expection, of course, is that Iredell propeprty that Synco owns through its partnership would be developed consistently with the same high quality that Davidson Landing property has been developed. We understand to develop it in the same fashion, that is through some multi-family arrangement with some moderate density, would cause us to have come to you and to lay our plans and to get your approval. And of course in the long stretch of things, we are prepared to do that. I think I would like to underscore that we have been good stewards with the property that we purchased on the lake. We are awfully proud of the development there. We want to be good neighbors. We are accustomed to dealing with boards such as yours in forming, so to speak, a partnership to develop land in and around the lake. And I think the project that is down in Davidson Landing is exemplary and is a product of that careful planning and the nurture that you give this property in the lake area. We don't want to court commercial development. As a matter of fact we have got some commercial development down at Davidson in a very well defined, carefully planned area in and around the little harbor down there. But we did it in a fashion, and we hope that what will be done here will be done in a fashion, that everybody gets to enjoy the benefits of their development of the ownership of the property that they have. The lake is a rare commodity, and we would like to see it nurtured in the same fashion that we have undertaken down at Davidson, and what we hope to do when we come up here. We very much appreciate your patience in letting us speak to you. HEDRICK: Does anyone else wish to speak? DICK THOMAS: I don't represent anyone but myself. I live, unfortunately I understand, in Mecklenburg County, therefore I am a pure guest here. I live directly across the lake from the area in question. I also feel like the Synco people, I do not object to the institution of the Robert E. Lee. My next-door neighbors said they were there when the Robert E. Lee was there before and said they enjoyed it, thought the boat was very picturesque and enjoyed its tenure there. What they did not enjoy and what we at this time do not anticipate enjoying is rucus noises that came from the area around the Som boat. As you are all aware noise travels tremendously well over the water. There is on the Nelson Estate, the estate on the lower and of the peninsula, a sort of a defunct kind of club house which essentially consists of a little building with a juke box, and On Saturday afternoons peopl2 get there and have a party. That's perfectly all right, it's a short-lived thing, it goes on on Saturdays. But they turn it one quite loud, and is really amazingly loud when you realize we are directly across from Davidson point, on the 595 point there. The noise is really extremely noticeable. If that is an example of what we can expect when we get a cruise of 200 people coming in, and they're not going to stand around and be silent for something, they are going to have to be entertained, probably with music. And that goes on all day long, I'm afraid we are going to be subject to a very loud lifetime. I would like to take some sort of consideration of this, I would like you to take some sort of consideration of this in the control of the noise pollution that would be engendered by an operation that is essentially an entertainment complex. Entertainment today consists primarily of music, loud music. When you've become old as I have, you probably don't like the loud music as well as my children do. That is one major consideration. The other one is what do you do about the pollution of the lake itself from a commercial operation. Davidson Landing had to punch a sewer line underneath the highway to tie into the Mecklenburg County sewer. How effective is a septic tank operation when you are having a crowd of as many as Mr. Grier points out, 400 people on the dock at one time? Do you have septic tank facilities that will effectively guard the quality of water in the lake from crowds consistently using their area? Those are the things we are concerned with over on the Mecklenburg side of the line. Though we are not immediately adjacent to the property in question, we are certainly within very easy earshot of it. I appreciate your giving me the time to speak, and I will appreciate your consideration. HEDRICK: Anyone else care to comment? PRICE YATES: I'm not a public speaker as Mr. Thomas is, but I agree with everything he says. I live across the lake, too. GRIER: Mr. Chairman, I would like to put both those gentlemen's minds at ease if I might. About a year and a half ago, I went to each regulatory agency that has anything to do with what we are about to do. There are 19 of them that I have to answer to. There are four different agencies in the health department. I met with one of them this morning. We will put in an approved sewage disposal plant according to their requirements. We are very conscious of the noise level down there. I have examined it both on our side and on the Davidson Landing, and I really don't think there is anything that we're going to do over on the Robert E. Lee side that will be heard at all across that causeway. It's 3,000 feet over there. Whatever comes out of the boat itself, if anything, would be while it's docked. That's the way it was before. It's housed. So that will not be (not clear) . .. . The music on the dock will be controlled by our own sound system and trained away from these folks' area. I don't believe there's anything we do over there that will be heard above the sound of the tractor trailers that are going across there now. I have been down there and listened in anticipation of this type thing. The very last thing we want to do is to become a nuisance. We want you people to live (not clear). . If there are any other questions, I'1]1 be glad to answer. AUDIENCE QUESTION: The music will be controlled and directed toward the front. When you refer to "front," is that toward the highway? GRIER: Well the highway and to the North. Confined to the dock. QUESTION: In this direction, as opposed to down here or down toward Davidson Landing? GRIER: Yes. QUESTION: So all of your music is going to be directed that way and the boat itsclf will be in a housing? GRIER: The boat is enclosed. QUESTION: You mean the music in the boat itseif? GRIER: Nobody complained about it before. QUESTION: Nobody complained when you were there before, except for the noise that always seemed to be engendered around the boat while the people were waiting their turn to ride. 594 GRIER: There was another operation there at that time, Mr. Thomas, and that noise was probably generated by those people. GRIER REPRESENTATIVE: We found out the other night that the other people used to aim their speakers out across the lake when they were having their parties and things, and that music was carried quite a bit. We found that out (not clear) Our plan, as he stated, is a very small PA, little or no rock music... This is a family-type . . . (not clear) HEDRICK: Any other questions? BOYER: I would like to emphasize again the location. I think everyone seems to think that this a good location, but it may, and I'm no acoustical expert, but I have great sympathy for this noise because it doesn't appeal to me either. It was intended that the land mass would provide a shield for a great portion. While there may be some leakage around it, this was not a carnival, not intended to be a carnival and (not clear) to avoid being a carnival. I think Fred read our mechanical rides were, and I suppose that's the part of this ordinance that this tour boat falls under. I suppose a ferris wheel also is a mechanical ride. Anyway, the land mass there is an important characteristic of this site. The other point I would like to make is that my company has, I believe you asked, Mrs. Murdock, how we intended to deal with this land. We are building this for our account. We may build some motels on it ourselves. We are about to embark on another site (not clear) ... We had a meeting this morning (not clear) ... . But we're getting into that business. But our company owns a lot of land in this area. We own a good bit of this land right here, for example. We are not going anywhere. What ever happens, we are going to be here, and we will be responsible for it. JACK THARPE: I'm a resident of the property right across the lake. I would like to echo the expressions that have been made tonight by the Synco people and Mr. Thomas as far as the concern of that area being developed into a commerical piece of land. I guess I would say that I could live with the Robert E. Lee, but I'm not sure about the other 27 acres that could Icad to more commercial property that would, I think, be somewhat offensive to the residents of our part over in the Lake Norman area. I would just appeal to you to think more about looking at it on the basis of the four acres and not the 31 acres. HEDRICK: Any other questions or comments by the members of the audience? HEDRICK: Mr. Boyer, how receptive would you be at this time to consideration for rezoning request for the four acres you specifically have a plan for with the understanding at such time you have a specific use for the remaining 27 acres to approach the board for that consideration? Would you be receptive to that line of thought at this time? BOYER: I'd like to consider that. I assume that you are saying that you are delaying rezoning for the other 27 acres. HEDRICK: That's what I'm getting around to. Having in time past an interest in some property that I wanted to get rezoned, I was asked what specific use do I have for it, and in the absence of having a specific use, I was denied a request, not by the board of commissioners. I think that line of reasoning bears our consideration in granting highway/business use for any number of allowable things under the highway/business code. I think we are better off if we can address the four acres only at this time. BOYER: And take no action on the other 27? HEDRICK: And take action only on the specific use that you have here to request tonight, that is the Robert E. Lee. You know, we are playing with words, but my approach would be let's consider action on what you know you want to do rather than what you might do in a month. BOYER: I still don't understand. HEDRICK: Well, all right, I'll make it real plain then. If you had four acres or no acres, would you like to have four acres? BOYER: Zones highway/business? HEDRICK: Yes, sir. For the use of the Robert E. Lee. Is that a conditional voting? MILLS: You're saying conditional zoning, and I think it's (not clear) . HEDRICK: Yes, conditional for the Robert E. Lee. BOYER: conditional highway zonina conditional for the Robert E. Lee and no action on the 27? HEDRICK: yes, sir. BOYER: I'11 take that urder consideration. ig om wey 395 MILLS: They'll have to reapply. HEDRICK: I assumed they would. POPE: I' think what Mr. Boyer is suggesting is’ thal perhaps it is not a semantic problem at all, but that there are two ways of looking at it. One way is to say is that we have an application for 31 acres, and we are going to grant four acres, and we are going to deny 27 acres. The other way of looking at it, as I understand what he seems to be suggesting, is that you would grant four acres and you would defer decision on the remainder. The effect is that, as I understand it, is that he wouldn't have to go back to the planning board again, and it would be brought back to this board with a favorable recommendation from the planning board at some point in the future, at such time as a specific proposal or concrete proposal were made. Did I understand that right? BOYER: Yes. I supposed I ought to be (not clear) . . . would be the consensus of the board that some business district zoning would be appropriate for 27 acres, but not today. HEDRICK: I'm not prepared to speak for the board in that regard. I'm prepared to say personally as a board member that I would favorably consider four acres conditional use for the operation of the Robert E. Lee, period, at this time. BOYER: Do we have to decide that tonight? POPE: Do you want to withdraw it or ask the board to defer action on it until the next meeting? BOYER: I'd like to defer action on that question. POPE: Do we have to readvertise or anything? BECKHAM: If it's continued, the public hearing could be continued, for further discussion on the same thing. HEDRICK: The next meeting would be the 18th of June. Is it in order and necessary that the board allow this withdrawal or deferring of action? POPE: I think the motion would be to defer action until the . HEDRICK: To defer action until at least the 18th? Is that your desire, Mr. Boyer, to defer action until the 18th? BOYER: yes. CHAIRMAN HEDRICK ADJOURNED THE PUBLIC HEARING TO REGULAR SESSION. HEDRICK: Hearing Mr. Boyer's request, I move that we defer action on this request until the next meeting, which is June 18th, at which time I assume you will come back. BOYER: Yes, sir. HEDRICK: Any discussion? If not all those in favor will signify by saying "Aye." VOTING: Ayes - 5; Nays - 0. YATES: Mr. Chairman is it out of line if I ask a question? HEDRICK: Just one second. Let me make sure we're in the right program here. (Discussion on parliamentary procedure.) Mr. Yates, you may say something. YATES: I was paying attention to what he said while ago. The access road to that is Meckiyn Road. It comes off Langtree Road. Would there be access to that from 77, because the only way you can get to that is go over Highway 115 and come down 115, cross 77, then turn down Mecklyn Road. How are you going to get to that without going to that trouble all the time if there's not any ramps? HEDRICK: I would venture to guess that you don't have ramps promised. GRIER: We don't have any promised; we have a lot of hopes. HEDRICK: 1 think the route you just described would be the way for the foreseeable future at any rate. MURDOCK: That's the way it was before, wasn't it? YATES: There's been a lot of business built up ticre in the last twenty years, and 596 is that's the way it was before. HEDRICK: This might be a catalyst to get them to put-ramps..there. YATES: There'll be so much traffic up on 115 trying to.get oyer. there, they'll: have to widen that road. HEDRICK: That concludes that item on the agenda. We appreciate your .coming from our sister county to the south. Anybody need a break? CHAIRMAN HEDRICK RECESSED THE MEETING FOR A TEN-MINUTE BREAK. CONSIDERATION OF MODIFICATION OF PLANNED RESIDENTIAL DISTRICT, SPECIAL USE PERMIT FOR HERONWOOD : HEDRICK: We are now convened into a public hearing for the purpose of considering a modification of PRD, Special Use Permit, Heronwood and Mallard Head. BECKHAM: This is a revised site plan for the Heronwood PRD. The only change from the original is the addition of a wastewater treatment plant. It is not shown on the original PRD that was approved. The developers, after consulting with specialists and engineers, have gone from the original consideration of conventional septic tanks to the option of wastewater treatment plant. They show that location on that cove there in the middle of the property. Bert Walser and Ike Slaughter are here tonight to represent the developers in this modification request. HEDRICK: Bert, would you care to make any comments at this time? WALSER: Chairman Hedrick, Just very briefly, I don't think there's anything that I can say that you all are not aware of. At the time this was originally approved, it was approved for septic tanks. I think since that time there has been a lot of study and.a lot. of:research by this board of . commissioners, by the Heronwood people themselves, meeting with Mr. Weber and Mr. Williams, and some peenle down in Raleigh. It appears to be the best available information that the proper way to proceed is with a treatment plant as opposed to septic tanks at this time. This is not being done for any economic purposes. Obviously a treatment plant is much more expensive than a septic tank would be. But it appears that based on a long term plant that this is the proper way to go. An arrangement has been made with Carroll Weber, who is here, and I think all of you know. At this time, I would certainly tender him to you to let you know what plans, if any, have been made or where they (not clear).... I think probably you have a great deal of trust in Mr. Weber, and he is prepared to speak if you would like to ask him. That's the only change, no buildings have been moved or anything clse to my knowledge. HEDRICK: Does anyone else have any comments, Ike, or anyone else? MILLS: Where would your discharge be, into the cove? WEBER, Yes, sir. It would be into the area that, the water that borders the Heronwood development. MILLS: I was under the impression from something someone had said during these many discussions that the discharge had to be into the moving water. WEBER: I'm not real sure just exactly what you are talking about when you mention cove. There is a little cove that goes up into the . MILLS: I'm talking about the site of the sewage treatment plant is about, looks like it may be 40 to 50 feet from the water's edge? WEBER: I might better look. IKE: The discharge was looked at by the local state authorities. Where they said the discharge would go here and in the main channel. Like from here to this location and out to the main channel. WEBER: yes, sir. That is true, not here. It will be way out here. POPE: Where is the island? Would it be between the (not clear) and the island? WEBER: Right. I was there when they agreed and they said we would have to go half way out into this body of water, which is approximately 200'. BRYAN: Would you hold that up and mark where they said this discharge would be? 397 STEWART: You can see it better on this one right here than you can on that one. BRYAN: That means that probably in the summer time you will be discharging in probably less than six feet of water. That's the depth this alternative (not clear) . It will be about six feet deed. (Conversation among several people that is not clear.) BRYAN: Those of you who were on the board when Heronwood first appeared before you, we had quite a number of people in this room who were objecting and thinking about sewage being dumped in Lake Norman, treated sewage, effluent, whatever you want to call it. In fact tempers got pretty high, as I recall, out in the hallways. There were some four- letter words passed, calling what would be floating down the river. I guess, because some of the feelings, it was my impression that the board of commissioners at that time, and through whatever you want to call it, worked out a method by which developers agreed to use septic tanks to keep from putting the sewage in Lake Norman. Because the septic tanks were worked out, part of the argument against the development of Heronwood was eliminated because the sewage was not going to be put right here in the lake. If you look at the Findings of Fact you will see that one of the findings that the commissioners made at that time was that the developers did have state approval for septic tanks for that area. I have basically been against Heronwood from the beginning, not because it was Heronwood, but because it's in the wrong place. They are building one of the largest developments on the lake on the smallest portion of the lake. The water flow, through this little area right here, is not all that great. The main channel is on this side. Anything that goes through here goes right down the shore line. I can assure you that these people that live down the shore line here are not going to be very interested in having effluent running down the shore line, because all the water that comes through there, what little that does. goes right down here to Clark Cove. This water feeds the whole side of the lake. Now, another problem that I have in dumping the effluent in the lake is that, I guess the mechanical waste treatment plant does very well with (not clear)... stuff. But what does it do with drugs, sleeping pills, with the Drano, with the Boarax, with all the heavy (not clear). . . that are used in cleaning that people tend to place down their johns? it doesn't touch them. Now, Lake Norman at this point is not really a lake or a river. The water is only moving about two miles an hour. It's very slow. It's not fast. It's not fast moving water. And if you've got a rate of discharge, and I don't know what you estimate it to be, but I guess it's pretty high when the thing's fully developed. How many gallons a minute are you planning on discharging? IKE SLAUGHTER: Carrol] Williams is not here to discuss that. I think they were actually looking at site plans, nota. BRYAN: Yeah, but the site plan is the beginning of approval, and I think we need to know the facts. SLAUGHTER: (not clear) . . . . Where does Troutman discharge its sewer? (Conversation between Slaughter and Bryan that is not clear.) BRYAN: Not into the lake. They dump it into a stream which leads to the lake. SLAUGHTER: (Not clear) . BRYAN: But it's a municipality. so I'm saying as one of these opponents, I basically can see the defeat. I've been whipped pretty often in this room. I've seen the defeat in stopping Heronwood. But I still think that they should do what they said they would do and what they were approved for and that is stay off the island, no causeway, end no mechanical waste treatment plant. That's what we talked about in the beginning and that's where a lot of the opposition developed, keeping the sewage out of the lake. And that's all we are asking for now. Let's leave it like it is. No more changes. We've fought this battle a long time. Please let's keep the effluent out of the lake. HEDRICK: Mr. Troutman, in the back. We are honored to have you here this evening. JOE H. TROUTMAN: Thank you, Mr. Chairman. Ladies and Gentlemen of the board, I know that you folks know that I have had a lot of hours spent at the same thing that you are 598 now going over. I think that the reason I would want to address you tonight is that in making the decision to allow Heronwood that three of the things basically that were just mentioned in the Findings of Fact were that the island would not be developed, that causeway not be allowed to interfere with the waterway, and third that the septic sewage system be used and that the sewage not be chemically treated and put out into the lake. I know that you folks are looking at an ordinance that in the future will allow that, but I think for the protection of the area that is being developed and for many of the reasons that Mr. Bryan just mentioned, that the people who live in that area are entitled to the protection that was voted at the time it was done, and that was to the developers and their credibility, and really that's the reason I ended up voting for the project because I had a (not clear) . . . credibility with the developers, that they would do what they said they would do. I'm not implying that they are here requesting this change on their own, maybe it's come abut from different area. But I still think that the way the project was started and allowed is the way it should be, and that is the septic system should be in the field back behind the condominiums and that the effluent should not go into the lake. I think we-are entitled to protect the lake and because of the (not clear). . . . The argument made that maybe one system is better than the other, but we're not in the area of the lake where it does move swiftly, that these detergents and things don't settle on the bottom of the lake, that they are indeed out (not clear) . ; I think that might be a different (not clear) . . .. Based on where the project is, what the developers said they would do, what the commissioners last year voted to do, I think that's just the way it ought to be. If you want to ask me any particular questions or anything concerning the vote last year or the year before, I will be glad to respond to it. I just felt that as a person who was instrumental in the project to begin with that I should come and give the intent of how it was introduced and allowed at the inception of its approval. HEDRICK: Thank you, Mr. Troutman. yes, Mr. Walser? WALSER: I don't disagree with anything he has said concerning the basis, and I don't want any implications or anybody to think for a minute that Heronwood is here because of any attempt to mislead anybody. There is no question that at the time that it was approved, the septic tanks were a part of what was presented to this board. The reason was, quite honestly, that at the time we had engineering studies that told us that the septic tanks were the way to go. Since that time there has been (not clear) . . tens of thousands of dollars spent that, going all the way to the state level, that have convinced the developers that, long term, that septic tanks for the benefit of the whole project is not the proper way to go. Now as I told you, earlier, and I'm telling you again from the standpoint of cost, it's going to cost a lot more to put in a treatment plant than it's going to cost to put in a septic tank. For operations and everything else. So this is not something that is being done to save money and build a cheap type development. It is not the purpose whatsoever. This is being modified based on the best information that is available. I think if you see what's gone up there you will see that there hasn't been any cutting of corners. It's not a cheap development. The buildings have got the rock face. You know, pretty much like we've said, they're nice. I don't know how many of you have been up to see them. But at this time the best information that we have available is that the treatment facility is the best route to go and that's why we're here. We're not trying to pull the wool over anybody's eyes. Secondly, I would like to point out something just for the record that has been said that I think we all need to keep in mind when we're talking about the island. The agreement and the understanding is that there will be no PUD's or PRD's or anything else on that island. However, I'm not going to stand here and agree that that island will never be used. That, in effect, is saying that you can zone land for no use in Iredell County, which I don't think any of us can do. We will say it will not ever be used as a PRD. And certainly I have no plans for that island at this point. I don't think Heronwood as such does, but it certainly is zoned for single family residences at this time. There's nothing that will keep that from happening because that's the highest zoning you can do. We're here based on the best information that's available. If you say don't build a treatment facility, then we'll go with septic tanks. That's what we have to do. But the county . 599 STEWART: Bert, I have a question, and maybe Ike can answer. As opposed to using the septic tanks, in other words, if you all are given the go-ahead to use the treatment plant as opposed to the septic tank, would that increase the number of units that will be put out in that area? It can't because we are already... . The number of units is set and their location is set. We have not modified that a bit. That is exactly the same layout. It has no purpose whatsoever to increase density. MILLS: Part of the PRD, maybe I'm using the wrong term, is very similar to conditional use, is it not? WALSER: It is a Special use permit. MILLS: Okay, and this was approved with a specific number of units. BECKHAM: That's right. MILLS: And the question would really boil back to that in order to increase the density they'd have to come back to the planning board and then come through the process to change the density. BECKHAM: I think so. HEDRICK: A question might better be asked, Would you be allowed or eligible to put the number of units you've had approved is you went with the septic system? WALSER: I can't answer that. WEBER: The treatment facility will cost approximately $160,000 in excess of the amount of nitrification field. And that's not... .- (not clear). WALSER: So this isn't a money-saving . . . (not clear) type . . . (not clear. WEBER: .. . (not clear) with that much sewage generated... (not clear) and I think the problem certainly with the septic tanks way outweighs the problem with the sewage treatment insofar as the environmental impact is concerned in that area. BRYAN: I'd stipulate as far as I personally am concerned, I have no problem with the waste treatment plant if they'd put it in the septic fields, but not in the lake. WEBER: You'd have the wrong kind of effluent. You can't do it. Do you want me to describe what I'm talking about. I'm not versed well enough in (not clear)... to answer your question. That is, all the technical aspects, but you have a different type of bacteria in a sewer treatment plant than you do a septic tank; and what you have to do is to keep the bacteria in the treatment in (not clear)... . One word they use in anerobic and the other is aerobic, and the two will not work together. So you have to discharge the type bacteria that is treating the sewage in your plant. There are no chemicals involved in treating sewage in a sewage treatment plant other than chlorine. That's the only thing that's ever used. In domestic sewage. Now you get into, if you've got industrial waste, that's a horse of another color. I'm talking abut domestic sewage. SLAUGHTER: Carroll, let me ask you... . (not clear). Isn't it true that the quality of the water is upgraded by the discharge of the sewer system? WEBER: I would say certainly the state will not let us discharge into the river a poorer quality of effluent than the water itself. Of course Catawba River is carrying effluent from Hickory, Morganton, all the towns up above, is coming right down here (not clear)... . The quality of that will not be deterimental to the water that is already there. (not clear)... and that's where the limitations, the amounts of the various chemical things, and when we say chemicals that (not clear)... like calcium and things like that. BRYAN: I don't think there's any argument about the cleanliness or the good quality of the water that comes out of the waste treatment system. The problem is that it is mechanical and over the life of the facility it is going to break down. That's the problem, and when it breaks down you have a major problem discharging. But it becomes a major problem; and if you stay with septic tanks and if you put each unit on a septic tank, then if you have a problem, you have a smaller, individual problem. Now the type of 400 land and what was approved in the beginning, I think it was supposed to have had, like 2 times as much land as needed to extend the sewer system in case of (not clear) . Because of the type of soil, and this is the poorest quality, I think, for septic tanks, but this is still preferable to putting it in the lake. WEBER: .. . (not clear) in this particular case as I remember, roughly you have a 14-acre drainfield going out (not clear)... . It's just larger. I felt like that with the terrain, and I've been on that hill this afternoon myself, and I feel like with the rock formation that's there, there is certainly a greater danger, and we happen to own the water system, and we have mandated that that sewer drainage area cannot come across the crest of that hill out there because of our well, that's how afraid we are of it. We don't know what kind of rock fractures or where it's going. All those people downsteam or upstream could conceivably get some type of effluent into their well water (not clear)... of a rock fracture. Health Services mandated that we have to protect that well from the crest of that hill back. TROUTMAN: Just remind the board that the time the presentation was made that the State and County health departments both agreed that the water (not clear) . . . proposed and planned was within the (not clear)... of safety. (not clear).... WALSER: I'm not trying to say the septic tanks won't work. I'm not going to stand up here and say it won't work. We will build it with septic tanks. We have permission to go forward, and we don't need (not clear) . . . to build with septic tanks. We're just coming back to you as good citizens, hopefully telling you what we have found out as we go, and that we are asking you to let us spend more money. I would hate to be in your position right now and make this decision, but certainly we wouldn't come back here and ask you to let us spend more money if we didn't think it was the best thing to do. WEBER: The utility, of course, we don't have anything to do with it one way or the other, so we have no oreblems with it either way. We have the water system, and that's all we're concerned with at this point unless there is a sewer treatment facility put in, we're not concerned with it at all except from a fresh water standpoint. LEWIS: Mr. Chairman, I'm representing Mallard Head, of course. I need an understanding here. You're treating us both in open hearing at one time. Now are you going to close the open hearing and go back to regular session and vote on these as one issue, or how's this going to work? HEDRICK: Well, they'll be voted on separately. They'll be... . The choice is ours to hear both while we just make one rap of the gavel to go into public hearing. When we go back to regular session we can vote one time, the item, Heronwood, came up first, and that would be natural for us to vote on that, and then vote on Mallard Head. LEWIS: The reason I bring it up, they're so different. HEDRICK: Yes, sir. I understand that. Any other questions of comments by members of the audience or the commission with regard to the request from Heronwood? Do you want to consider in public hearing the merits of Mallard Head at this time, or do you want to dispose of the Heronwood issue first? There being clear-cut choice, we'll go ahead with the hearing from Mallard Head. BECKHAM: This is the revised site plan for Mallard Head condominiums. The corner of the nroperty you'll see a circle sketched with the wastewater treatment plant being drawn in. This is the only addition or change amendment to their original PRD plan. HEDRICK: You show, Lisa, the well within a 100' radius, maybe 200' from the plant site. This well (not clear)... is above the site of the plant? BECKHAM: Yes, it is. 100' radius is required by the state authorities. HEDRICK: And since I've been down there and looked at the site, I will share the bit of information that I have that would show you that the plant site would discharge into the stream that runs just across, just in front of the T box on the 6th hole. That would be the method in which the discharge would be taken care of. (not clear).... 401 CHANGING TO TYPE #3. LEWIS: There's the well site there and here i s your... (not clear). This is the natural elevation drop off, and this will show you... (not clear). It's quite rapid, the drop back there. And the well is situated about 724 feet from the benchmark, and of course the waste treatment plant is down around 60 to 64, so we're the difference between 64 and 724 .. . elevation drop. And of course it's well outside the 100' radius of that well. I do have some copies of this for the board to take a look at. This is the well site, just abut where that black spot is. This is about where it would be located. (Time is spent in looking at the plat site and discussing the location of the well and seewage treatment plant with the board.) LEWIS: What we are trying to accomplish is once again to (not clear) .. is the best and safest method of waste water disposal. I believe Mr. Troutman was at that time, and at that time we were going through the throes of planning what could be accepted, what couldn't be accepted, and we planned with nitrification fields. We, like Heronwood, feel this is a more superior system. Once again, please, there is a distinction between industrial waste and domestic waste, and we are treating domestic waste. That's all we're treating. I'm going to go through a little bit of background here that I've gone through with the state. It might help you also in the direction you (not clear) . . . your ordinance that you are looking for. First of all in order to have a place to put your effluent, you have to get from the state authorization from the, a reading from them on where the effluent is going to go ultimately. In our case we have a little steam down there called Reed Creek. It's very small (not clear) . . . see water running through it. About 100 gallons a minute is the estimated average. However at the state level they treat that creek as being dry, an absolute dry bed. So when they gave us our limitations on that stream from the state, they told us that we had to design a plan that would clean the effluent up and make it better than what was in the stream. So you have a better effluent going into the stream than what's in the stream. I can go through (not clear). . . and all the numbers that go into that, but that's what's going to be running out and down and put into that little stream--better quality material than what's in it. The man used the word in the bonding situation called "efficacy" or a plant situation that's going to be built and do what it says it's going to do. It's 2% of the cost, but it's 2%. If it is a $50,000 or $60,000, it's $2,000, $3,000. That's no big deal, but the state, in order to get license to construct this plant, has already gone through the bonding efficacy condition because they don't allow you to even build one that isn't designed to the specifications that they know is going to work. You have to get that permit before you can even construct it, and that's after an engineer designs it. So I'm just speaking now from what I've been going through getting permits processed through the state level. 402 I'd like to make another comment about one person not being inspected for four years. Maybe he's a very good operator and maybe he doesn't have to be inspected. You know, if you're out on the nighway and you are obeying the rules you probably don't get stopped for speeding, and you don't get any tickets. I don't kow, he didn't identify the operator. Maybe the operator is not operating any plants or maybe every plant he has been operating, hopefully, has been so good that he didn't need to get inspected. But the information I'm getting back about who's going to operate this plant, these people have to be licensed, first of all. They do send these tests in, and there is a history that is maintained at the state level over what goes on in these little treatment plants. They know when you are getting out of line or you're getting out of step. I'm not an expert, and I don't know how often the state is supposed to inspect these people or go by and check their licenses or check what labs they are using, but I'm sure various people in different parts of the state that are good and some are bad like we have in anything. I did read a recommendation from Carroll Williams saying that the operators in this part of the state have been very well kept up with and checked, and their licenses are current, and they're doing a good job. I think that's about all I know about waste water treatment plants. You've got it all out of me in one night, but I'm learining as I go along on this, and it's no easy matter to put one of these into operation. The end doesn't come when you get it operating. It's a continuing thing. Chemicals, like Carroll said, there are no chemicals except chlorine. I went over and looked at one, and there's a brand new one, if you'd like to see it, going into operation over in another adjacent county, over at Spinnaker Bay, which is off ~--Road. It's a first-class system, and they do discharge into the lake. They go down and run in a trough so far, and it's within 75 feet of the building. It sits above ground. I don't know how they are going, they must be going to do some planting, etc. It must be a super system, because I think it was priced at somewhere around $60,000. But I'm going to go back a bit farther. I was also told when I wert for this PRD that I didn't have a prayer of getting a small treatment plant because they were just not approved on the county level in Iredell County. So if you are wondering why I went with, and that's why we went to the expense of having that thing test poured out there, to make sure it will perk. And it will perk. And that's how we got approval for nitrification fields. We didn't promise not to go into the lake with the effluent. 1 didn't know that there was a little stream down thore at that time. But we made sure that the land would perk first, then we came in and we went for nitrification fields, and since then we've found that there's a better system, that really has, and, hey, there will be mechanical problems with it, but the mechanical problems (not clear)... is correctible within hours versus a (not clear) . system in a nitrification field, it could take months and years to correct. Sometimes they are not even caught for a long time. These things, I know, it's checked once a week by a top-grade operator, and I know it's looked into every day by someone who takes samples and makes sure those are sent off to a qualified and licensed laboratory. So I'm going to sit down. That's all I know about it. I do ask that if you can consider my request for the placing of the sewage tratment plant on the PRD in such a way twat 1 can go ahead and design for it and be somewhat grandfathered in your ordinance because my engineer cannot design until he knows for sure he's got a set of rules to go by. He just can't put one together. Secondly, if we start out with nitrification fields, now we change the entire effect of the condominium project because we got to provide X number of yards, you know, for the nitrification fields. Our plantings and out privacy or landsdcaping all has to do with this. You can't start and plan the landscaping and provide for four or five acres for nitrification fields versus 25 x 50 foot for a little sewage treatment plant. So I'd like to have your approval by way of a motion from someone to go with this and design for a sewage treatment plant and be allowed to use it in this PRD. Thank you. HEDRICK: Duane, do you have any additional units that would be constructed if you went to that type of system versus the septic system? LEWIS: We have the samc criteria for our (not clear)... We have to come back to you for any additional units, and I plan none. HEDRICK: Is it going to cost you more or less to do that package treatment facility than the septic system? LENIS: It costs a lot more in the front end; however, over the long haul it's about jh bee: CSA Se) SUMS ARIE eR hag 403 the same. HEDRICK: Does any board member have a question? Dees onyone from the audience have a comment with regard to this particular request? WOMAN: What happens to the Drano and stuff like that? LEWIS: Well, the number of gallons of effluent in there would have some effect on how diluted it would become before it gets out the other end. However, the Drano is phosphae, I believe, and I don't really know what's in Drano, so you're getting me into a field I can't answer, Jane. But do you use Drano in your regular system at home? JANE: (Not clear) LEWIS: What happens to it there? JANE: It goes underground. (not clear) LEWIS: It gets lost and builds up in your stone bed in your nitrification field. In a sewage treatment plant, I'm sure it gets to the other end, but there's going to be some solids that are going to percipitate out and be carried out by the operator when he comes in to perform maintenance on the plant. However, what's not percipitating out is going to get out. What the condition of it is, it has to be cleaner than the stream right now or it would have to be changed. In other words... (not clear) HEDRICK: Anybody else have a question? BRYAN: I don't have a question, but I think the same criteria is with him as with Heronwood. I really feel very strongly, I've said it before, I really think that Iredell County should not allow multi-family dwellings on the lake until they have a sewer system to take care of it. (not clear) . . I really think we are going to greatly increase the pollution of the lake »y allowing people to pump effluents into the lake. Now, this man obviously has the approval and he is perking and everything is fine. I would urge you to disapprove any systems that would allow mechanical systems to dump in the lake. Mallard Head doesn't dump in the lake? LEWIS: No, it eventually goes to the lake. Everything goes to the lake. But it's probably 600 to 700 or 1,000 to 1,100 feet to Lake Norman 760 water line. Like I said if you are traveling any stream which has certain characteristics, a stream has certain characteristics, however the effluent going into the streatm is going to be, from a health standpoint, cleaner than the stream is there, that may sound strange, but that's the design we are required to design. HEDRICK: Carroll. WEBER: I would just make a comment that (not clear) ... a county sewer system or one designed, it has the same problems that a plant does. What do you do with the effluent from a county system. It would most likely go into Lake Norman, that's the only place you can put it unless there's a creek out here. That's where the City of Statesville goes, I imagine a creek, does it not? HEDRICK: In a creek. WEBER: You've got to do something with it. You just can't haul it around in buckets. You've got to dispose of it somewhere, somehow. It's there, it's going to be there as long as the world stands. Somewhere, somehow. But I don't believe a county sewer system would change any problems at all. You're just going to have a greater and larger flow. WALSER: I do believe that this Davidson Landing, which the treatment is by Davidson, is treated by Davidson, but it is brought back into the lake, if I'm not mistaken. MILLS: I think it's carried South te the treatment facilities. It's Mecklenburg County's treatment. And they would not allow development of the Davidson Landing until that was, that's what held them up for I think eight years, was having to wait until the sewer system was extended there. WEBER: (not clear) ... finally empties into the Catawba River. MILLS: And I don't know where that treatment facility is, I think it's in Cornelius, down below Cornelius. But Davidson does have a treatment facility, but I don't think that that particular development empties into it. I think it goes back down the interstate and goes over to Cornelius. HEDRICK: Any other questions, comments? Thank you, Duane. As someone commented earlier, I think I heard, if not, I'll express my opinion, that is that we're inheriting a couple of problems toniaght that have taken place with a lot of emotion prior to tonight. I think the vote, at least with regard to Heronwood, was 404 i chee ae BE) SRW Aled bist cessed ilies 6 DA lied Sac ky ike predicated on certain conditions and promises which were agreeable by all parties, maybe not agreeable to all parties, but were compromised by those parties at the time it was done. Notwithstanding the fact that there is a better wheel right now, I'm not about to go messing up that decison which was (not clear)... vote. Also if we did feel inclined to go to a waste treatment facility, it would have to come, in my opinion, after we have adopted some sort of ordinance. We are right now, as you heard earlier, in no position to tell yu what that ordinance would say, if it were our inclination to go with a waste treatment facility, to authorize you to continue that particular desire. So at such time as we take a vote later on, I want you to know what I'll be casting my vote in the manner in which I cast it. WALSER: Two months ago I stood up here then, and if I'm not mistaken, and ferwarned this group that it seems like nobody that has any knowledge of what's best would say that the septic system is best, and that we've come back to you and said that the nitrification field maybe is not the best way. We know this was coming, and we're going to continue the development of Heronwood, and it's not going to stop. Heronwood is going to continue to develop. It just seems to me that when you do find a seat belt to put in a car that is going to save lives, it seems like it's prudent to use a seat belt, and that's the only analogy that I can come up with. You know, it seems like if everybody wants it, but because of some promises that were made at another time, and I don't know that there were promises. I know that they were certainly talked about and certainly was a part of the whole situation, and I'm not trying to say it was not a part of the whole situation. Technology changes and engineering changes, and we're prepared, you know, we can proceed with septic tanks. no grect problem, in the long run it is going to be cheaper for us to proceed that way. I do want you to know that we came forth in good faith, and there is no attempt to circumvent anybody or anything or try to pull the wool over anybody's eyes. (not clear) . . . straight on top of the table. HEDRICK: I appreciate that too, Bert. Are there any other comments before we go back into regular session? If not, I move that we go back into regular session for the purpose of disposing of the matter we have heard here in the hearing. VOTING: Ayes - 5; Nays - 0. REGULAR SESSION RESUMED. HERONWOOD REQUEST FOR CONSIDERATION OF A MODIFICATION TO ALLOW THE USE OF A WASTE TREATMENT FACILITY: MOTION from Commissioner Crosswhite that we remove the restriction of the septic tank use only for Heronwood. AYES - 2 (Crosswhite, Stewart) NAYS - 3 (Hedrick, Mills, Murdock) MALLARD HEAD REQUEST FOR CONSIDERATION OF A MODIFICATION TO ALLOW THE USE OF A WASTE TREATMENT FACILITY: MOTION from Commissioner Crosswhite to change the PRD from requiring septic tanks to waste treatment facility. VOTING: Ayes - 3 (Crosswhite, Stewart, Murdock) Nays - 2 (Hedrick and Mills) APPOINTMENTS TO CENTRALINA COUNCIL OF GOVERNMENTS ADVISORY BOARD: The following motions were made: MOTION from Chairman Hedrick to appoint John Fleming to the Region F Emergency Medical Services Advisory Council. VOTING: Ayes - 5; Nays - 0. Expiration: 6/30/87 MOTION from Commissioner Murdock to appoint James A. Cook and Alvin L. Morrison to serve on the Region F Council on Aging Advisory Board. VOTING: Ayes - 5; Nays - 0. Expire 6/30/87 MOTION from Commissioner Hedrick to appoint Grady Hall and Eric Daily to serve additional terms on the Centralina Private Industry Council. Expiration: 6/30/87. VOTING: Ayes - 5; Nays - 0. MOTION from Commissioner Crosswhite to appoint Steve Robinson and Frances L. Murdock to serve on the Centralina Certified Development Corporation. Terms expire: 6/38/87. VOTING: Ayes - 5; Nays - 0. CHANGE IN MEETING WITH DAVENPORT: Miss Beckham, planner, said she tried to call Mr. Davenport during the break, and he was not available on the July 2, 1985 date as proposed earlier in the meeting. After discussion the board agreed to schedule this meeting for July 11, 1985, 5:00 p.m. until 7:00 p.m., County Annex Conference Room. al Sapa sii ai en ope ih NRE 8 ABS: Sirsa AM aS RS 405 COMMUNITY-BASED ALTERNATIVES TASK FORCE - APPOINTMENTS: MOTION from Commissioner Murdock to appoint the following members to the captioned task force: REAPPOINTMENTS NEW MEMBER APPOINTMENTS Mrs. Norman Morrison Yogesh Desai Rev. James Henderson Mrs. Mary nantz Mrs. Lou Sullivan Mrs. Eddie Corriher Dr. James Powell Mr. Carl Duncan Mr. Steve Tate Dr. Norman Harris Mr. Hoyt Stephens Mr. Darrell Hathcock Mr. Jerry Ball Rev. Michael Woodard Mr. Tip Nicholson Mr. Paul Risk Mr. Kim Burnett Dr. James Carrigan Ms. Dianne Richardson Mr. Jim Wall Mr. Jamie Plyler VOTING: Ayes - 5; Nays - 0. PERSONNEL POLICIES - AMENDMENT: Mr. Deal, county manager, gave the board an update on the amendments to the personnel policy. Mr. Deal said he would like to discuss these changes with the board, hopefully during the budget sessions. It was suggested that plans be made to have this discussion at one of the budget sessions. At such point that the board is satisfied with these amendments, adoption by the board will be in order. It was the consensus of the board that this would be done on June 17, 1985, County Annex Conference Room, 7:00 p.m. INDUSTRIAL REVENUE BONDS - FINAL DOCUMENTS FOR KEWAUNEE SCIENTIFIC FURNITURE COMPANY, INC.: MOTION from Commissioner Stewart, second from Commissioner Murdock to adopt the following resolution: RESOLUTION APPROVING THE ISSUANCE BY THE IREDELL COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY OF ITS INDUSTRIAL REVENUE BOND (KEWAUNEE SCIENTIFIC EQUIPMENT CORPORATON PROJECT NO. 1) IN THE PRINCIPAL AMOUNT OF UP TO $6,075,000 TO FINANCE AN INDUSTRIAL PROJECT FOR KEWAUNEE SCIENTIFIC EQUIPMENT CORPORATION. BE IT RESOLVED by the Board of Commissioners for the County of Iredell: Section 1. The Board of Commissioners has determined and does hereby declare as follows: (a) The Board of Commissioners of The Iredell County Industrial Facilities and Polluton Control Financing Authority (herein referred to as the "Authority") will meet shortly and take the following action in connection with the proposed issuance and sale of the Authority's Industrial Revenue Bond (Kewaunee Scientific Equipment Corporation Project No. 1), in the principal amount of $6,075,000: 1. approve the form of a Loan Agreement, to be dated as of June 1, 1985, by and between the Authority and Kewaunee Scientific Equipment Corporation (the "Company"); 2. approve and authorize the endorsement without recourse and pledge of a promissory note of the Company, to be dated as of June 1, 1985; 3. approve the form of an Assignment, to be dated as of June 1, 1985, from the Authority to NCNB National Bank of North Carolina (the “Purchaser'); 4. authorize the borrowing under and the issuance and performance of the Authority's Industrial Revenue Bond (Kewaunee Scientific Equiment Corporation Project No. 1), in the principal amount of up to $6,075,000, and direct the execution and delivery of said Bond; 5. approve the form of the Bond Purchase Agreement, to be dated as of June 1, T9360; by and among the Authority, the Purchaser and the Company, providing for the issuance and sale of the Bond; and 6. approve the form of the Guaranty Agreement, to be dated as of June 1, 1985, from the Company to the Purchaser. 406 elec EN. 8 SER wal SRR # (b) The Board of Commissioners for the County of Iredell has reviewed the action to be taken by the Board of Commissioners of the Authority in connection with the issuance and sale of the Bond and has made such other examination and investigation as it deems necessary and relevant as the basis for the approval set forth herein. Section 2. Pursuant to and in satisfaction of the requirements of Section 159C-4(d) of the General Statutes of North Carolina, the Board of Commissioners for the County of Iredell hereby approves the issuance by the Authority of its Industrial Revenue Bond (Kewaunee Scientific Equipment Corporation Project No. 1) in the principal amount not to exceed $6,075,000. The Bond shall not be deemed to constitute a debt of the State of North Carolina or any political subdivision or any agency thereof, including Iredel] County, or a pledge of the faith and credit of the State of North Carolina or any political subdivision of such agency, including Iredell County, but shall be payable solely from the revenues and other funds provided therefor. Section 3. This resolution shall take effect immediately upon its passage. VOTING: Ayes - 5; Nays - 0. EXECUTIVE SESSION: MOTION from Commissioner Mills to enter into Executive Session for the purpose of discussing litigation. VOTING: Ayes - 5; Nays - 0. MOTION to adjourn from Executive Session from Chairman Hedrick. VOTING: Ayes - 5; Nays - 0. ADJOURN: MOTION to adjourn from Commissioner Stewart. Next meeting: Wednesday, June 12, 1985, 8:00 p.m., County Annex Conference Room. APPROVED: 8/20/85. IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES JUNE 12, 1985 The Iredell County Board of Commissioners met in Regular Adjourned Session on Wednes- day evening, June 12, 1985, County Annex Conference Room, 8:00 p.m., for the purpose of discussing the proposed 1985-86 budget. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite (arriving at 8:45 p.m.) Frances L. Murdock Alice M. Stewart (arrving at 8;45 p.m.) Others prsent: J. Wayne Deal, County Manager Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick INVOCATION: By Chairman Hedrick GREATER STATESVILLE CHAMBER OF COMMERCE: Mr. Danny Hearn, president, Greater States- ville Chamber of Commerce; and Jim Thompson, chairman, Greater Statesville Chamber of Commerce; presented the board with the chamber's proposal for an economic development committee, giving dollar amount of increased funding for their proposed program. The chamber representatives discussed in detail their proposal for the economic development program and where they proposed to secure the funding to support it. After a discussion it was the consensus of the board that the Statesville Chamber should approach the Moorsville Chamber and see if they would be interested in becoming involved in this economic development program. Members of the Statesville Chamber were to make this contact and come back to the board of commissiones to report the outcome of this meeting. With the inclusion of the economic development program, the funding level for the Greater Statesville Chamber wold be $40,000 ro $25,000 above the current level of funding. BUDGEY WORK SESSION: The remainder of the time was spent in reviewing with the county manager the various departmental budgets. NO BOARD ACTION WAS TAKEN DURING THIS MEETING. ADJOURN: Chairman Hedrick adjourned the meeting at 11:15 p.m. Next meeting: June 13, 1985, 1:30 p.m., Agricultural Center Conference Rooms 1 and 2. Oe Mea! AL CTerk APPROVED: August 20, 1985. inal oe ae : 407 IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES JUNE 13, 1985 T tT . t The Iredell County Board of Commissioners met in Regular Adjourned Session on Thursday afternoon, June 13, 1985, 1:30 p.m., Agricultural Center Conference Rooms 1 and 2. The purpose of the mecting Was’ budget discussion. with the Iredell County Schools. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart CALL TO ORDER: By Chairman Hedrick IREDELL COUNTY SCHOOLS: Mr. Bill Benfield, Chairman, Iredell County School Board, other members of the school board, and Dr. Don Williams, Superintendent, Iredel] County Schools, and other assistant superintendents were present for the meeting. Mr. Benfield open the discussion, which was primarily directed toward the capital needs of the school system. He then presented Dr. Williams who continued the discussion. A list of the capital projects priorities was given each board member, and a discus- sion took place regarding these priorities. _ rhe school board also discussed with the county commissioners the proposed bond referendum for capital -needs for ‘the School system,’ ‘saying they believed $15 million.would take care of all their capital needs for twelve to fifteen years. is . Dr. Williams said he board supports the county manager's proposal for current exnense in the 1985-86 budget. HERONWOOD AND MALLARD HEAD SPECIAL USE DISTRICT HEARINGS: Miss Lisa Beckham, county planner, advised the board that it would be necessary to hold a Special Use District Hearing in reference to Heronwood and Mallard Head's requests for changes in their pro- jects from nitrification fields to sewage treatment plants. After consideration a date of 7:30 p.m., July 11, 1985, Agricultural Center Conference Rooms 1 and 2, was set for this meeting. Prior to that meeting, the board will meet with Mr. Davenport at 4:30 p.m., July 11, 1985, County Annex Building, for a work session on the proposed sewage treatment facilities ordinance. BUDGET WORK SESSION: The date of June 24, 1985, 7:90 p.m., was set for a budget work session, County Annex Conference Room. ADJOURN: MOTION from Chairman Hedrick to adjourn the meeting at 3:30 p.m. Next meeting: June 17, 1985, 7:00 p.m., County Annex Conference Room, Budget Work Session. 9 ee, ao A het St pL Clerk APPROVED: o IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES JUNE 17, 1985 The Iredell County Board of Commissioners met in Regular Adjourned Session for the purpose of discussing the proposed 1985-86 budget. The meeting was held at the County Annex Conference Room. Present were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager F. William Furches, Jdr., Finance Officer Alice Fortner, Clerk to the Board 408 CALL TO ORDER: By Chairman Hedrick GREATER STATESVILLE CHAMBER OF COMMERCE: Mr. Jim Thompson, chairman of the chamber, and Mr. Jack Glover, chairman of the industrial development committee at the chamber, came to the board meeting to discuss their meeting with the Mooresville Chamber regarding the industrial development plan. Mr. Glover said they had spoken to the Mooresville Chamber executives, and arrange- ments had been made to appoint Homer Faulk, Mooresville executive, to the economic develop- ment commission. Mr. Faulk will be an ex-officio member. It was the consensus of the board that this would be a good way to involve the Mooresville community in the funding for economic development that is being considered by the county commissioners. At such time that Mooresville desired to become involved in this economic development program, the Mooresville delegate would become a full-fledged voting member of the economic development committee. Chairman Hedrick said the board embraced the concept presented by the Chamber, but would wait until the budget was adopted for formal action on the program. DISCUSSION OF PERSONNEL POLICIES: Lee Armour, Centralina Council of Governments representative, discussed the changes and amendments made to the county's personnel poli- cies. After a lengthy discussion Mr. Armour said he would make the board's requested changes and bring the policies back to the board for its approval. BUDGET DISCUSSION: The board and county manager spent the remainder of time involved in the departmental budgets. No board action was taken during this time. EXECUTIVE SESSION: MOTION from Chairman Hedrick to enter executive session for the purpose of discussing sale of cunty property. VOTING: Ayes - 5; Nays - 0. MOTION to adjurn from executive session from Chairman Hedrick. VOTING: Ayes - 5; Nays - 0. ADJOURN: MOTION from Commissioner Murdock to adjourn the meeting. Time: 11315 p.m. Next meeting: June 18, 1985, 7;30 p.m., Agricultural Center Conference Rooms 1 and 2, Statesville, NC. APPROVED: August 20, 1985. IREDELL CUNTY BOARD OF COMMISSIONERS MINUTES JUNE 18, 1985 The Iredell County Board of Commissioners met in Regular Adjourned Session on Tuesday evening, June 18, 1985, 7;30, Agricultural Center Conference Rooms 3 and 4. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County manager William P. Pope, County Attorney Katrina Fox, Planning Staff Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick INVOCATION: By Chairman Hedrick APPROVAL OF MINUTES: MOTION from Commissioner Mills that because of technicalities approval of minutes be postponed until the next meeting. VOTING: Ayes - 5; Nays - 0. PUBLIC HEARING: MOTION from Chairman Hedrick to adjourn to public hearing. VOTING: Ayes - 5; Nays - 0. CRESCENT LAND & TIMBER CORPORATION - AMENDED REQUEST FOR REZONING: Katrina Fox representing the planning office in this request from Crescent Land & Timber Corporation. This request has been amended, and the hearing was postponed from June 4, 1985. r 4.97 acrs to be rezoned from Residential/Agricultural to The amended request is fo to be used for a riverboat operation. Highway/Business, Conditional Use District, Mr. Miles Boyer, vice president of Crescent Land & Timber corporation, explained his Pasir kL PNG seas =” a : ” Reta. ail RE lin: itp SO ‘ ps 409 request. He presented a letter addressed to the county board from himself in which he set forth his request for an amended change in zoning. A tax map and site plan showing the actual location of the buildings were presented to the board ty Mr. L. B. Grier, developer of the property. Mr Grier said he had been working with the planning director, Miss Beckham, and the inspections supervisor, Dean Osborne, and this plan had been reviewed by both these steff persons and found to be in accordance with the Iredel! County Zoning Ordinance. Mr. Grier also presented a metes and bounds description of the amended rezoning request. Chairman Hedrick inquired about the security of the project after business hours. Mr. Grier said they would have a man living on the premises. Commissioner Mills asked Mr. Grier to elaborate on the waste water treatment facility. He asked Mr Grier if he had any objection to waiting until the ordinance on wste treatment facilities is completed and adopted, which will be in the next forty-five days. Mr. Grier did not object to waiting for the adoption of the ordinance and said he would be glad to have that a part of the conditions. Mr. Boyer said Crescent Land & Timber owns the whole tract, and they are leasing the property to Mr. Grier. He said it is that pian to own the waste water treatment plant with this 4.97 acre development and have “bottom-line" responsibility for it. Mr. Ron Kennerly, representative of Synco, Inc., said he had no objections to the development after hearing the plans. No one else spoke regarding this project. REGULAR SESSION RESUMED: MOTION from Commissioner Mills to return to regular ses- sion. VOTING: Ayes - 5; Nays - 0. APPROVAL OF CRESCENT LAND & TIMBER AMENDED REZONING REQUEST: MOTION from Commissioner Mills to approve the application as modified with the 4.97 acres zoning changed from Residential/Agricultural to Highway/Business, Conditional Use District, and that the sewage treatment facility proposed for this site come under the Waste Water Treatment Ordinance when the ordinance is completed. The property included in this rezoning to be used for riverboat operation. The rezoning is described as Iredell County Tax Map 2A, Block A, protion of (aproximately 4.97 acres) lot 22. VOTING: Ayes - 5; Nays - O. PUBLIC HEARING ON PROPOSED FY 1985-86 BUDGET AND GENERAL REVENUE SHARING: The following persons spoke during this hearing: Water Patterson, Children's Museum: Requested funds for the children's museum. He said they needed a full-time director. Commissioner Mills inquired if they are funded one more year, could they then be self- sustaining. Ken Reece, The Cup of Water: Asked for additional funds this this program. They had requested $17,500, and the budget officer recommended $14,000 for the 1985-6 fiscal year. Chairman Hedrick inquired if they were receiving any funds from the United Way, to which Mr. Reece replied they did receive funds from this source, and they have been increased. He said he was not at liberty to tell the amount at this point. Betty Grant, past president of East Iredell] Elementary parent-Teachers Association, spoke requesting more funds for the schools. Wayne Truner spoke asking for additional funds for the schools and presented a petition supporting the independent study from UNCC recommending long range plans for upgrading public education in Iredell County. The petition also stated opposition to the proposal from Dr. Sam Houston. Dan Savage, Monticello PTA President, spoke in favor of increased funding for the schools. James Parsons spoke in opposition to a tax increase. Cynthia Jones, teacher from East Iredell, spoke in favor of more funds for schools. Everett Goodman spoke in faovr of the $425 per pupil current expense funding as proposed by the county manager. ALAN Hix spoke in favor of public educational funding. Sue Hepler, East Iredel] Elementary Cafeterial representative, spoke in favor of educational funding from the viewpoint of cafeteria spending. : Chris Foley spoke in favor of increased funding for schools. Carrol] Jordan, school principal representative, spoke in favor of increased school fundings. 410 Etat sg NS i Oe ct MMM OO ate sik REGULAR SESSION: MOTION from Chairman Hedrick to adjourn the public hearing to regular session. VOT" G: Ayes - 5; Nays - 0. REQUEST FOR WATER AND SEWER LINE FUNDS - MOORESVILLE CHAMBER OF COMMERCE: Mr. Bob Amon, Mr. Jimmy McKnight, and other members of the Mooresville Chamber and Mooresville community came before the board regarding a request for funds to finance the installation of a sewer and water line extension to the I-77 and N. C. 150 Exchange (#36). The cost, according to the architect, will be $1,436,000 for the water and sewer line extension. Mr. Skip Green, Skip Green & Associates, was present to discuss acquisition of a Community Development Block Grant (CDBG) and a Clean Water Bond Grant to assist in the financing of the proposed water and sewer line development. These grants would have to be applied for through the county as applicant. Following his presentation, Mr. Amon summarized the following: (1) Retain Skip Green & Associates at a maximum expenditure of $3,500. (2) Include $686,000 in the proposed 1985-86 budget contingent upon the granting of the $750,000 CDBG for the extension of water and sewer lines to the proposed site. (3) Apply for a grant through the Clean Wter Bond Fund for an additional $500,000 or reduction of the $686,000 local fund, which could be decided at a later time. During the discussion the county board of commissioners requested the Mooresville representatives to find out how much funding they might expect to receive through the developer investment, which could lower the amount needed on a local level. Commissioner Mills inquired of Mayor Joe Knox, Mooresville, if the Town of Mooresville would participate at the existing water/sewer line policy rate. Mr. Knox said his town council had not made a commitment on this project. He also said ‘he thought. the Mooresville Town Council and the County Board of commissioners should discuss the water and sewer line policy at some time in the future. It was decided that the Mooresville Chamber officials would contact the developers and find out how much money they would be willing to commit toward the extension of water and sewer lines and come back to the board on Monday, June 24th. VICTOR CROSBY REGARDING NORTH IREDELL Mr. Crosby spoke to the board regarding assis tance for North Iredell] through the budget process. He asked that the board consider making water available to the people in the proposed Williamsburg District, saying that approximately $500,000 would be enough to run water lines to Williamsburg and the North Iredell County. He also discussed the Clean Water Bond funds. CITY OF STATESVILLE, PLANNING BOARD - ONE-MILE PERIMETER AREA: MOTION from Commis sioner Murdock to reappoint Pressly White to serve a full term on the Statesville Planning Board, one-mile perimeter area. This term expires June 30, 1988. VOTING: Ayes - 5; Nays - 0. MITCHELL COMMUNITY COLLEGE BOARD: Tabled until the next meeting of the board. JURY COMMISSSION: The following nominations were made: Chairman Hedrick nominated Frank Mitchell, Olin Commissioner Mills nominated Glenn Crater, Harmony. VOTING: Crater - 2(Mills, Murdock) Mitchell - 3 (Hedrick, Crosswhite, Stewart) AFTERLISTS, RELEASES, REFUNDS, MONTH OF MAY 1985: MOTION from Chairman Hedrick to approve the aferlists, releases and refunds for the month of May 1985 (listed below). VOTING: Ayes - 5; Nays - 0. LATE NAME TOWNSHIP YEAR REASON PEN. AMOUNT Cecil McCullough Inside 1984 No household Z.38 Broad St. Meth.Ch. Inside 1984 Exempt by E &R 245.78 Deliverance Center for Jesus Chambersburg 1984 Exempt by E &R 572.40 Rudy McGallanes Chambersburg 1984 Double listed 64 6.44 Timoth Upright Chambersburg 1984 Double listed 21.40 .64 848.35 REFUNDS: Gerry W. Clarke Route 1, Box 535-A Troutman, NC 28166 Bobby Foy Route 6, Box 47 Mooresville, NC 28115 ar in TORN A RS FREE ASS Bige Kermit L. Roy Route 2, Box 296 Statesville, NC 28677 $29.84 Mary T. Harris 509 Woodlawn Road Baltimore, MD 21210 $142.94 TAX COLLECTOR'S REPORT - MAY 1985: The board received as information the tax collec tor's report for the month of May 1985. HOUSE BILL 1322, REGARDING FARM USE DEDUCTION: The county manager, Wayne Deal, informed the board that he understood House Bill 1322 before the General Assembly al lowed a reduction to big corporations who owned farmland. This deduction would also apply for forest land. Mr. Deal said this bill would affect our tax base since a lot of timber land is held by large corporations. MOTION from Chairman Hedrick that a letter be written by the board to the three representatives from Iredel! County expressing the sentiment that the board strongly opposes HB 1322. VOTING: Ayes - 5; Nays - 0. ADJOURN: MOTION to adjourn from Chairman Hedrick. Ayes - 5; Nays - 0. Next meeting: June 19, 1985, 7:00 p.m., County Annex Conference Room. ee) i. "Clerk to the Board APPROVED: August 20, 1985. IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES JUNE 19, 1985 The Iredell County Board of Commissioners met in Adjourned Regular Session on June 19, 1985, 7:00 p.m., County Annex Conference Room, Staesville, NC, for the purpose of budget consideration. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L.Murdock Absent: Alice M. Stewart Staff present: J. Wayne Deal, County Manager F. William Furches, Jr., Finance Officer Bill Mashburn, Health Director Sandy Giles, Nursing Director Don Wall, Social Services Director Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick FIREWORKS DISPLAY AT SIGNAL HILL MALL: Mrs. Doris Renegar, Signal Hill Mall director, sent a letter of request to the board, asking that the board approve a fireworks display at Signal] Hill Mall on Wednesday, July 3, 1985, at approximately 9:15 p.m. The letter also included the insurance documents and a copy of the contract with the fireworks display company. MOTION from Commissoner Mills to permit this fireworks display on July 3, 1985, at approximately 9:15 p.m. VOTING: Ayes - 5; Nays - 0. DISCUSSION OF FY 1985-86 PROPOSED BUDGET: The board discussed with the county manager, budget officer, health director, and social services director the FY 1985-86 budget. ADJOURN:MOTION from Chairman Hedrick to adjourn the meeting. next meeting scheduled for June 24, 1985, 7:00 p.m., County Annex Conference Room. Lh etd, bt) Clerk to the Board APPROVED: August 20, 1985 411 ; s. e go & 412 IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES JUNE 24, 1985 The Iredell} County Board of Commissioners met in Regular Adjourned Session on June 24, 1985, 7:30 p.m., County Annex Conference Room, Statesville, NC. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney F. William Furches, Jr., Finance Officer Rudy Davis and staff members, Recreation Dept. Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick LEGAL COUNSEL FOR INDUSTRIAL BONDS AUTHORITY: County Attorney William P. Pope introduced Mr. Boyd Campbell of the Helms, Mulliss & Johnston law firm from Charlotte. Mr. Campbell discussed his firm's activities as bond counsel in North Carolina. Mr. Pope informed the board that the Iredell County Industrial Facilities & Pollution Control Financing Authority had recommended the Helms, Mulliss & Johnston firm as its North Carolina coun- sel. The county commissioncrs had previously agreed to have one New York law firm, the Brown, Wood, Ivey, Mitchell & Petty firm, as its New York counsel, and also to have one North Carolina firm ito represent the county in industrial revenue bonds. Mr. Pope advised the board that the industrial bonds authority was recommending the Helms, Mulliss & Johnston firm to act as counsel in the issu-~ ance of a $700,000 industrial revenue bond for Trans-Industries, Inc. MOTION from Commissioner Crosswhite, second from Commissioner Mills, to adopt the following resolution: BE IT RESOLVED BY THE IREDELL COUNTY BOARD OF COMMISSIONERS THAT THE LAW FIRM OF HELMS, MULLISS & JOHNSTON BE AND HEREBY IS APPROVED AS BOND COUNSEL IN CONNECTION WITH THE FINANCING OF AN INDUSTRIAL BOND PROJECT FOR THE COMPANY OF TRANS- INDUSTRIES, INC., THROUGH THE IREDELL COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY. VOTING: Ayes - 5; Nays - 0. MOORESVILLE CHAMBER OF COMMERCE - REQUEST FOR FUNDING FOR WATER AND SEWER LINE PROJECT: The Mooresville Chamber members came before the board on June 17, 1985, regarding a request for funds for the extension of water and sewer lines to the I-77 and N. C. 150 exchange. The county commis- sioners asked them to return to a later meeting and.give the board an estimate on the amount of funds the developers could invest in the cost of the water and sewer line extension. Mr. Bob Amon, president of the Mooresville Chamber of Commerce, addressed the board regarding their request for the financing of the water and sewer line extension. His request of. the board was: (1) The county consider retaining.Skip Green at a rate. of $30 an hour, plus travel, with a maximum expenditure of $3,500. (2) Put in the 1985-86 budget the amount of $686,000 for funding the aforementioned project. At a later date, if the $750,000 CDBG is approved, an equitable agreement in sharing the cost with the developers and the county could be worked out. Mr. Amon said he felt the maximum the Iredell County Board of Commissioners would have the possibility of spending would be $350,000, and it could be considerably less. He projected that the 413 anticipated tax revenues from new businesses, based on the county's current rate, would be $63,000 annually. In answer to an inquiry by Chairman Hedrick, Mr. Amon said the grant would be applied for in the name of Iredell County. MOTION from Commissioner Mills to retain Skip Green & Associates for a maximumn expenditure of $3,500 for the purpose of applying for the Community Development Block Grant (CDBG) and the Clean Water Bond Grant. The funds are to come from the Water/Sewer Fund line item in the budget. VOTING: Ayes - 5; Nays - 9. REQUEST FOR FUNDING HOPE ORGANIZATION: Dottie and Zack Smith came before the board to request funds in the 1985-86 budget for the Hope organization (Helping Other Parents Endure). Mrs. Smith said they had no other source of funds. United Way has agreed to pick up an amount for a guidance clinic. The group meets the second Tuesday in each month at East Iredell Elementary School. STATE LEGISLATION PROPOSED FOR OPEN MEETING LAW: Dan Whitson advised the board that House Bil] 170, which is currently in the State Legislature, is a bill that modifies the Open Meetings Law. He asked the county board of commissioners to consider adopting a resolution of agreement with this new legislation. The chairman said he would like for all the board members to have a copy of the bill prior to any action being taken on it. He asked the clerk to get copies and distribute them, and at a later date the board could consider action on the bill. OTHER REQUESTS FOR FUNDS FROM 1985-86 BUDGET THAT WERE NOT RECOMMENDED BY THE COUNTY MANAGER: County Manager said he had some other requests that he did not recommend for fundings. These were: (1) Request from Statesville Swim Team for $2,500; and (2) Statesville City Council request for $300,000 for operation of their recreation program for the coming year. He said the city manager said they spent $971,000 for recreation annually, and 30 to 40% of their participants are county residents. ‘“ RECREATION BUDGET: The board spent some time discussing the 1985-86 recreation budget with Rudy Davis, director of the recreation department, and members of his staff. AUTHORIZATION FOR THE VICE CHAIRMAN TO SIGN COUNTY CONTRACTS FOR RECREATION DEPARTMENT AND CONTRACT FOR RECREATION DEPARTMENT TO USE IREDELL COUNTY SCHOOL BUSES: A contract for the captioned matter was presented to the board for approval. The county attorney, William P. Pope, said he had some guestions regarding the second page of the contract, and he would prefer to rewrite it. The chairman planned to be away on the following day, and the recreation staff said they needed the contract signed immediately. MOTION from Commissioner Crosswhite to approve the contract between the recreation department and Iredell County Schools, subject to the changes made and approved by the county attorney, William P. Pope, and that the vice chairman, William A. Mills, be authorized to execute this and other documents on behalf of the county and in the absence of the chairman. VOTING: Ayes - 5; Nays - 0. EXECUTIVE SESSION: MOTION from Chairman Hedrick to enter executive session for the purpose of discussing litigation. VOTING: Ayes - 5; Nays - 0. MOTION to adjourn from executive session from Chairman Hedrick. VOTING: Ayes - 5; Nays - 0. BUDGET AMENDMENTS: MOTION from Commissioner Mills to approve Budget Amendments #11 through #20, as listed below: EXISTING AMENDED DIFFERENCE #11 Contingency 81,846 69,281 (12,565) Election Expense 21,625 34,190 12,565 #12 Contingency 69,281 68,277 (1,004) Nursing, Salaries/Wages 200,000 201,552 1,004 #13 Crisis Intervention 21,017 54,374 33,357 (Revenues) Crisis Intervention 21,017 54,374 33,357 (Expend.) #14 Street Assessments 6,000 6,000 (Revenues) Street Paving 6,000 6,000 (Expend.) #15 Contingency 78,277 65,348 (2,839) Employee Appre.Banquet 2,839 2,839 #16 Community-Based Alternatives 64,089 80,354 16,265 (Revenues) Community-Based Alternatives 49,897 60,530 10,633 (Expend. ) Contingency 64,438 71,070 5,632 Contingency 71.070 54,975 (16,095) Capitalized Leases 98,990 115,085 16,095 Contingency 54,975 50,675 (4,300) Recreation, Insurance & Bonds 1,472 5,772 4,300 Fund Balance Appropriated 856,728 1,927,728 1,071,000 (Revenues) Water/Sewer Line Ext. 300,000 1,371,000 1,071,000 (Expend. ) Contingency 50,675 48,725 (1,950) Anerican 400th 1,950 1,950 BUDGET WORK SESSION: For the remainder of the meeting the board discussed the 1985-86 proposed oid a A Lei PERMA oi Ene AE 414 budget as pertains to schools' current expense funding, Mitchell Community College Funding, and fund balance. No final decisions were reached on these items. ADJOURN: MOTION from Commissioner Stewart to adjourn. Next meeting: June 27, 1985, 2:00 p.m., County Annex Conference Room. off 77 4 At 4 ta Ze cea A Clerk APPROVED: August 20, 1985. IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES JUNE 27, 1985 The Iredell County Board of Commissioners met in Regular Adjourned Session on June 27, 1985, 2:00 p.m., County Annex Conference Room, Statesville, NC. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager F. William Furches, Jr., Finance Officer Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick CASTAWAY SHORES, SUBDIVISION CONTRACT: Mr. Gary Thomas, attorney representing the Castaway Shores officials, came before the board regarding the contract between Castaway Shores, Inc., and Iredell County. Mr. Thomas said his client, Castaway Shores, had been unable to attain a bond as described in paragraph 4 of the captioned contract. He said Carroll Weber of Mid-South Utilities Company was bonded and would perform the work as required in this paragraph 4. Chairman Hedrick said he would like to have the county attorney's opinion before making changes in the contractual requirements. MOTION from Commissioner Stewart that upon County Attorney Bil Pope's review of this contract that the board go ahead with the change in the contracts that is necessary in order to allow Castaway to continue their project, authorizing the chairman to sign the amendment to the contract on behalf of the county. VOTING: Ayes - 5; Nays - 0. BUDGET AMENDMENT: The county manager, Wayne Deal, said the Barbara Curl damages settlement should be incurred in the 1984-85 budget, and an amendment covering Miss Curl's damages plus the lawyers' fees were presented as Budget Amendment #21. Those expenses are: Legal Fees $46,875 Damages 17,000 Back Wages 21,830 FICA 1,540 The above to be transferred from Fund Balance, total of which is $87,240. MOTION from Chairman Hedrick to approve Amendment #21 to take care of this transfer of funds for the purpose of settlement of the Barbara Curl Case. VOTING: Ayes - 5; Nays - 0. DISCUSSION OF THE FY 1985-86 BUDGET: The county commissioners spent the remainder of the c meeting discussing the budget and level of funding for schools, water and sewer line extension costs, etc. INTERIM BUDGET RESOLUTION: MOTION from Commissioner Mills to adopt the following interim budget resolution: BE IT RESOLVED by the Board of Commissioners of Iredel] County that there is hereby adopted an interim budget for the purpose of providing salaries, debt service payments, and the usual ordinary expenses of Iredell County, effective July 1, 1985, until the adoption of the 1985-86 budget. BE IT FURTHER RESOLVED that salaries paid according to this ordinance shall be at the same Ad) ates: ex i wee Rags ee ts ON, ce it ada SORBED as lis NR NICS AS SRI NE eS aU 415 rate established in the County's 1984-85 budget. s/Larry S. Hedrick Chairman s/Alice Fortner Clerk VOTING: Ayes - 5; Nays - 0. BUDGET DELIBERATION ACTION: MOTION from Chairman Hedrick to fund in the 1985-86 budget the following: Water & Sewer Fund $400,000.00 Per Student/Current Expense 415.00 Tax Rate 41 VOTING: Ayes ~ 4 (Hedrick, Mills, Crosswhite, Stewart) Nays ~ 1 (Murdock) MOTION from Commissioner Crosswhite to reduce the 5% across-the-board salary increase to 4% and use the $40,000 difference to fund one deputy position and equip with an automobile. MOTION WITHDRAWN. ADJOURN: MOTION from Commissioner Mills to adjourn. APPROVED: August 20, 1985 IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES JULY 2, 1985 The Iredell County Board of Commissioners met in Regular Session on Tuesday evening, July 2, 1985, 7:30 p.m., Agricultural Center Conference Rooms 1 and 2. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S, Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney F. William Furches, Jr., Finance Officer Lisa Beckham, Planner Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick INVOCATION: By Vice Chairman Mills APPROVAL OF MINUTES: Minutes for the month of July (9 meetings) are to be presented for approval at the next regular meeting. PUBLIC HEARING: The Chairman stated that pursuant to Chapter 159C of the General Statues of North Carolina and the regulations thereunder he had been advised that The Iredell] County Industrial Facilities and Pollution control Financing Authority (the “Authority") intended to file an application with the Secretary of the Department of Commerce for approval of an industrial and manufacturing project in Iredell County, North Carolina, consisting of the acquisition of an approximate 10 acre site known as Lot No. 5, South Iredell Industrial Park, Mooresville, North oc Carolina, the construction of an approximately 20,000 square foot building thereon and the acquisition and installation of machinery and equipment therein, all for the manufacture and assembly of heavy duty truck parts and accessories (the "Project") by Trans-Industries, Inc., @ North Carolina corporation (the "Company") and to be financed for the Company by the issuance of approximately $700,000 aggregate principal amount of bonds of the Authority. Since such application for approval cannot, under regulations of the Department of Commerce, be officially received until, among other things, the Board has, by resolution after having held a public hearing, approved the issue of bonds for the proposed Project and approves the Project in principle, the Authority has recommended and requested that the Board pass such a resolution. er women) , 7 aonre cere ” A “er - ms ea ait AGED. ¥ ARI 20 A, ORES oR we on 416 The Chairman presented copies of the Authority's resolution: approving: the'’Project and the inducement agreement between the Authority and the Company to the Board. The Chairman then stated that a notice had been published by the Clerk to the Board on June 18, 1985 stating that the Board would a a public hearing on culy 2, 1985 on the proposed revenue bond issue and the Project (the "Notice"). Commissioner Hedrick moved that the Board ratify the publication of the Notice and designate this meeting as a public hearing on the revenue bond issue and the Project. The motion was seconded by Commissioner Mills and was unanaimously adopted. At 7:30 o'clock, P.M., the Chairman announced that the Board would hear anyone who wished to be heard on the advisability of issueing the revenue bonds and the Project. The names and addresses of the persons who were present and summaries of their comments are as follows: Mr. Charles Herriman, 122 E. Fourth St., Marion, IN Mr. Tom Braun, 1720 S. Miller Ave., Marion, IN Mr. William P. Pope, P. 0. Box 1776, Statesville, NC Messrs. Herriman and Braun spoke regarding the project plans in Iredell County; Mr. Pope advised the county commissioners of its legal position in this matter. After the Board had heard all persons who requested to be heard, Commissioner Hedrick moved the public hearing be closed. The motion was seconded by Commissioner Mills and was unanimously adopted. Commissioner Hedrick introduced the following resolution which was read at length: RESOLUTION APPROVING THE ISSUANCE BY THE IREDELL COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY OF ITS $700,000 INDUSTRIAL REVENUE BOND (TRANS- INDUSTRIES, INC. PROJECT) TO FINANCE AN INDUSTRIAL AND MANUFACTURING PROJECT IN IREDELL COUNTY, NORTH CAROLINA FOR TRANS-INDUSTRIES, INC. AND APPROVING SUCH PROJECT IN PRINCIPLE. WHEREAS, the Board of County Commissioners has created a political subdivision and body corporate and politic of the State of North Carolina known as "The Iredell County Industrial Facilities and Pollution Control Financing Authority" (the "Authority"); and WHEREAS, the Authority is authorized under the Industrial and Pollution Control Facilities Financing Act, Chapter 159C of the General Statutes of North Carolina (the “Act"), to issue revenue bonds for the purpose, among others, of paying all or any part of the cost of any industrial or pollution control project for industry; to acquire, construct, improve and equip any such project; and to make and execute financing agreements, security documents and other contracts and instruments necessary or convenient in the exercise of such powers; and WHEREAS, the Authority has determined to issue its revenue bonds to pay all or a portion of the costs of the acquisition, construction and installation of an industrial facility in Iredell County for the manufacture of truck parts and related accessories (the "Project"), to be operated by Trans- Industries, Inc.; and WHEREAS, the Authority intends to f7le an“application for approval of a project with the Secretary of the Department of Commerce (the "Department"), as required by the Act; and WHEREAS, the Department has, by regulation, provided that no application for approval of a project will be officially received until the governing body of the county from which the application is made has, by resolution after having held a public hearing, approved the issue of revenue bonds and approved in principle the proposed project and a certified copy of such resolution has been provided to the Department; and WHEREAS, the Board of Commissioners, purusant to public notice duly given, has held a public hearing on the proposed revenue bonds issue and the Project and has considered the comments of persons who requested to be heard; and WHEREAS, the Board of Commissioners desires to approve the issuance of revenue bonds and approve the Project in principle; NOW, THEREFORE, Be it resolved by the Board of Commissioners of the County of Iredell as follows: (1) The issuance of revenue bonds by the Authority to finance the Project is hereby approved. (2) The Project is hereby approved in principle. (3) The Clerk of the Board of Commissioners is hereby authorized and directed to provide a certified copy of this resolution to the Department. iii - : ap 7 bai ah be PRs a ag * ere (4) The Board of County Commissioners hereby requests that the State of North Carolina, pursuant to Executive Order 113 of the Governor of the State of North Carolina, allocate to the above-described revenue bonds and Project $700,000 of Volume Limitation (as defined in said Executive Order), and the Chairman or Vice Chairman of said Board is hereby authorized to certify under penalties of perjury that this request is not made in consideration of any bribe, gift, gratuity, or direct or indirect contribution to any political campaign. (5) This resolution shall take effect immediately upon its passage. Commissioner Mills moved the passage of the foregoing resolution and Commissioner Stewart seconded the motion, and the resolution was passed by the following vote: Ayes: Hedrick, Mills, Crosswhite, Murdock, and Stewart Nays: None MEETING ADJOURNED TO PUBLIC HEARING REZONING REQUESTS: PAUL C. WAGNER: Miss Lisa Beckham, Planner, identified the proposed rezoning on the County's zoning map. Mr. Wagner requests his property to be rezoned from Residential/Agricultural to Highway/Business. This property is located on U. S. 21, between S. R. 1101, Ostwalt Amity Road, and S. R. 2375, Houston Road. Mr. Paul C. Wagner spoke regarding his request. He said he is planning to have a shopping center at the site and possibly a residential area on the back side of the property. Mr. William Parks questioned the used car lot that is presently located on the lot and the possibility of junk cars becoming part of this used car lot. Mr. parks 18 a resident of the area, living just off Houston Road. Mr. Lewis Bass said he objected to car lot turning into an eyesore. Chairman Hedrick proposed the possibility of a conditional use with the condition that the used car lot could have no junk cars on the site. The used car lot occupies approximately 3/4 acre. Commissioner Murdock inquired about the residential lot plans. No one else spoke for or against the proposed rezoning. SOUTHERN SUPPLY, INC.: Miss Lisa Beckham, planner, identified the property on the zoning map. The requested rezoning is from Residential/Agricultural to Residential/Office. This property is located on S. R. 1109, Williamson Road. Mr. Bill Smith and his attorney, Eric Fields, were present and discussed the proposed rezoning. No one else present spoke for or against the rezoning request. AMENDMENT TO ZONING ORDINANCE - PIER VARIATIONS: Miss Lisa Beckham addressed the board regarding Section 68 of the County's present zoning ordinance. She said the proposal increased the allowable length of piers. Mr. Dean Osborne, County Code Enforcement Officer, was present and addressed the number of requests this department has for variances. He said out of a request for construction of 30 piers, one-half of the requests were for variances to the present regulations. A letter from Mr. William P. Furr, Chairman, Lake Norman Marine Commission, was given each board member with the agenda mail-out. This letter urges the counties involved in the Lake Norman Marine Commission to consider making this change. No one else present commented for or against this amendment to Section 68 of the zoning ordinance. MOTION from Chairman Hedrick to close the Public Hearing and resume Regular Session. VOTING: Ayes - 5; Nays - 0. PAUL C. WAGNER REZONING: Commissioner Stewart said she had no problem with the Wagner rezoning, but would like to put people on notice that she would not look favorably on people going ahead with their rezoning plans prior to coming before the county board for approval. 4\7 418 , Yaa ae "a ee Ee oe ‘. 7 < % i a ee ly) yaa x A y, enables IS ORS thi MOA ARB wba a lites sc Og MOTION from Commissioner Crosswhite that rezoning from Residential/Agricultural to Highway/Business be granted Paul C. Wagner for his property located on U. S. 21, between S. R. 1101, Ostwalt Amity Road, and S. R. 2375, Houston Road, more specifically described as Iredell County Tadx Map 4F, Block A, Lot 2. This rezoning is to be a Conditional Use Rezoning, with the condition that no junk cars or spare parts will be around on the property and that other requirements for conditional use be followed (Presentation of property documentation for compliance with the zoning regulations to the planning office). VOTING: Ayes - 5; Nays - 0. Commissioner Crosswhite said she would like to see the board consider Commissioner Mills' request regarding a penalty in the zoning laws for non-compliance. SOUTHERN SUPPLY COMPANY: MOTION from Commissioner Stewart to rezone property for Southern Supply, Inc., located on S. R. 1109, Williamson Road, near intersection of BVrawley School Road, S. R. 1100, more specifically identified as Iredell County Tax Map 2K, Block B, Portion of Lot 35. This rezoning is from Residential/Agricultural to Residential/Office. VOTING: Ayes - 5; Nays - 0. AMENDMENT TO ZONING ORDINANCE: MOTION from Commissioner Murdock to amend the zoning ordinance to read as follows: Such pier facility may extend over the water for a distance of eighty (80) feet from the shore regardless of the depth; and may extend beyond eighty (80) feet to a depth of ten (10) feet measure at full pond or a maximum extension over the water of one hundred twenty (120) feet from shore. However, in no event shall a pier facility, when located in a cove, extend more than one-third (1/3) the width of the cove, measured from the shore at the point of the proposed construction to the nearest point on the opposite shore. VOTING: Ayes - 5; Nays - 0. SUBDIVISION PLAT APPROVALS: Miss Lisa Beckham, planner, presented the board with subdivision plats for Carlyle Farms, Section 1, Twin Lakes at Lake Norman, Mock Hill Run, and Troutman Trace. All of these were being presented for approval, having met the requirements for approval. After the presentation due to lack of motion, the board proceeded to discuss other items on the agenda. I-CARE APPOINTMENT TO THE BOARD: Tabled until a later meeting. MITCHELL COMMUNITY COLLEGE - APPOINTMENT: The following nominations were made: Commissioner Hedrick: Mrs. Rebecca T. White Commissioner Mills: Mr. LeRoy Campbell There were no other nominations: VOTING: Mrs. Rebecca T. White - 3 votes (Hedrick, Crosswhite, Stewartg) Mr. LeRoy Campbell - 2 votes (Murdock, Mills) NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS - VOTING DELEGATE: The following nominations were made for delegates: Commissioner Crosswhite nominated Chairman Hedrick Commissioner Mills nominated Commissioner Murdock Chairman Hedrick said he would be unable to attend the entire meeting and proposed Commissioner Murdock as voting delegate. Commissioner Crosswhite nominated Commissioner Stewart as alternate delegate. Chairman Hedrick nominated Commissioner Crosswhite as second alternate delegate. The following slate was voted on: Commissioner Murdock - delegate Commissioner Stewart - alternate delegate #1 Commissioner Crosswhite - alternate delegate #2 VOTING ON THE ABOVE: Ayes ~ 5; Nays - O. Ey Baie ia. pes REIN 419 APPOINTMENT OF TAX SUPERVISOR: MOTION from Chairman Hedrick to appoint Mrs. Lois Troutman as Tax Supervisor, term beginning July 1, 1985, and concluding June 30, 1987. VOTING: Ayes - 5; Nays - 0. CONTRACT BETWEEN IREDELL COUNTY YOUTH HOME AND TRI~COUNTY MENTAL HEALTH: Contract for psychological evaluation of the children at the youth home was presented for board approval. The contract was recommended by the county manager and approved as to form by the county attorney. MOTION from Commissioner Murdock to approve the contract and authorize the chairman and county manager to sign on behalf of the county. VOTING: Ayes - 5; Nays - 0. CONTACT WITH D. A. ERVIN FOR COUNTY AUDIT: This contract is the seond year of a three-year bid. The county manager recommended approval of the $8,500 contract. MOTION from Commissioner Mills to approve the contract, authorizing the chairman to sign on behalf of the county. VOTING: Ayes - 5; Nays - 0. MT. MOUNRE FIRST RESPONDERS: The following list of persons was submitted to the board for approval, having been approved as to qualifications by John Fleming, EMS director. Ronald L. Wilson W. R. Gibbs Thomas E. Caldwel] Barry Gibbs Laura Bush Gibbs Steve Knox Richard A. Gibbs Wilfred Bridges Jerry Ray Martha Bridges James Hager David Van Auken Robbie Harwel] Charlie McAlister MOTION from Commissioner Mills to approve this list of first responders. VOTING: Ayes - 5; Nays - 0. DEPARTMENT OF TRANSPORTATION - CHANGE IN SCOPE OF WORK: A letter from Mr. R. W. Spangler, Division Engineer, Shelby, was presented to the board through the agenda mail- out. Mr. Spangler was requesting that the scope of work which included moving from one end of Greenbrier Road (Salisbury Road end) to the other end of Greenbrier Road (U. S. 64 end). After a discussion, the board agreed to table action on this request until a later meeting and ask Mr. J. Watt Alexander to attend and discuss this matter further with the board. NATIONAL HORSESHOE SHOW: The county manager, Wayne Deal, informed the board that he had been notified by the Statesville City Manager that arrangements were being made to try to get the 1987 National Horseshoe Shoe in Statesville. The City of Statesville will provide $10,000, and the county is being asked to make a funding commitment for this project also. No board action was taken. ADOPTION OF FY 1985-86 BUDGET RESOLUTION: MOTION from Chairman Hedrick, "Move to adopt this budget ordinance as presented, which requires a tax rate of 41 cents per $100 se valuation for the 1985-86 budget.” VOTING: Ayes - 4; Nays - 1 (Murdock) NOTE: Total Budget Ordinance follows. 420 BUDGET ORDINANCE - 1985 - 1986 IREDELL COUNTY, NORTH CAROLINA Be it ordained by the Board of Commissioners of Iredell! County, North Carolina: Section 1. The following amounts are hereby appropriated in the General Fund for the operation of the County Government and its activities for the fiscal year beginning July 1, 1985, and ending June 30, 1986, in accordance with the chart of accounts heretofore established for this county: Governing Body $ 32,815 Administration 122,527 Personne] 41,220 Elections 119,231 Finance 215,232 Tax Supervisor 278,460 Tax Collector 158,048 Data Processing 188,031 Legal 42,000 Courts 183,845 Register of Deeds 213,827 Planning 107,828 Mapping 188,862 Inspections & Code Enforcement 292,835 Maintenance - Public Buildings 412,697 Law Enforcement 1,266,297 Jail 442,956 Fire Fighting 357,051 Ambulance 1,029,664 Emergency Operations Center 133,556 Landfill 604,523 Animal Control 108,274 Health Administration 223,340 Generalized Nursing 285,333 Home Health 582,111 Sanitarians 234,223 Laboratory 48,823 Nutrition - WIC 88,057 Dental Health 70,986 Maternal & Child Health 197,152 Family Planning 74,248 AgtécadtuBetvigeension Service 180,928 Social Service Administration 3,118.10 Library 597,979 Special Appropriations 735,873 Contributions to Other Funds 325,000 Schools 8,159,930 Garage 88,913 Debt Service 358,800 Water/Sewer Projects 1,130,053 Recreation Zi1,/90 Iredell Youth Home 76,721 TOTAL GENERAL FUND $23,459,062 Section 2. It is estimated that the following revenues will be available in the General Fund for Fiscal Year beginning July 1, 1985, and ending June 30, 1986: Taxes: Ad Valorem, Current $10,622,589 Ad Valorem, Delinquent 300,000 Tax Collection Fees 60,000 Tax Penalties and Interest 100,000 Interest on Investments 350,000 Intangible Tax 600 ,000 Beer and Wine Tax 210,000 Local 1¢ Sales Tax 3,190,000 pe RES s,s De GAME ADE Da cots mids 8G 421 Local 1/2¢ Sales Tax 1,670,000 ABC - 5¢ Bottle Tax 22,000 Facility Fees 60,000 Health Department Revenues 953,343 Social Services Revenues 1,625,866 Contributions from Revenue Sharing 885 ,000 Other Revenues 1,232,488 Fund Balance Appropriated 1,577,776 $23,459,062 Section 3. The following amounts are appropriated in the Revaluation Fund for the Fiscal Year beginning July 1, 1985, and ending June 30, 1986: Contingency $75,000 Section 4. It is estimated the following revenues will be available for Revaluation Fund, beginning July 1, 1985, and ending June 30, 1986: Contributions from General Fund $75,000 Section 5. The following amounts are appropriated in the General Revenue Sharing Funds: Contributions to General Fund $885,000 All General Revenue Sharing Funds in Iredell County's 1985-86 budget are to be expended for County match for social services programs or for acquisition of capital items contained in Line Item #74 of the County's General Fund Budget. Section 6. It is estimated the following revenues will be available from the General Revenue Sharing Fund for fiscal year beginning July 1, 1985, and ending Jne 30, 1986: Interest on Investments $15,848 Federal Government Grant 869,152 TOTAL $885,000 Section 7. There is hereby levied a tax rate of $ .41 per One Hundred Dollars valuation of property listed for taxes as of January 1, 1985. Total property valuation for ad valorem taxes for the 1985-86 fiscal year is estimated to be $2,701,642,717. The tax collection rate for fiscal year 1985-86 is estimated to be 95.9%. Section 8. Schedule B taxes shall be levied in accordance with the North Carolina Revenue Act. Section 9. All ABC-5¢ Bottle Tax revenues received from Code 347-01 of the 1985-86 General Fund revenues are hereby designated to support the County's 1985-86 appropriation to Tri-County Mental Health. All ABC-5¢ Bottle Tax revenues are further designated for alcoholic rehabilitation programs within the Tri-County Mental Health budget for 1985-86. Section 10. Capital outlay funds are appropriated to the three school units within the county as follows: Iredell County Schools $ 670,262 aad Statesville City Schools 220,264 Mooresville Graded School District 145,764 Capital Outlay funds appropriated by the board of commissioners are to be expended for the following categories as contained in G. S. 115-100.6(F): Acquisition of land Building acquisition and construction Acquisition or replacement of furnishings and equipment Acquisition of school buses Acquisition of activity buses OO On im & Wh ee ee ee ee Section 11. All funds appropriated for school capital outlay in the 1985-86 budget are from Py 1/2 cent sales tax revenues. Section 12. Copies of this Budget Ordinance shal] be furnished to the county commissioners, the finance officer, and the clerk to the board for the carrying out of their duties. % Drea 7 a me " sain * 2. Grea ah Pei Sp cs AM BE ADC tM a e 422 Section 13. The budect officer is hereby authorized to transfer appropriations within a fund as contained herein under the following conditions: (a) The budget officer may transfer amounts between object of expenditures within a department except that no transfer shall be made into or out of salaries without approval by the board of dounty commissioners. (b) The budget officer may transfer amounts up to $1,000 between departments of the same fund with an official report on such transfer at the next regular meeting of the board of commissioners. (c) The budget officer may not transfer amounts between funds nor from the Contingency Appropriation without prior board action. Section 14. The Iredell County Manager, Finance Officer, and Department Heads are hereby instructed to be as frugal as possible in the administration of the 1985-86 budget. Section 15. The board of county commissioners hereby authorizes the Iredell] County Tax Collector to collect taxes for the City of Statesville in compliance with the contract adopted by the two governing boards. A cuarge of one and one-half (1) per cent of all taxes collected for the City of Statesville will e payble to Iredell County for said collection services. Section 16. There is hereby levied a tax rate of $ .025 per One Hundred Dollars ($100.00) valuation of property within the Shepherds Fire District, a tax rate of $ .03 per One Hundred Dollars ($100.00) valuation of property within the Mt. Mourne Fire District, and a tax rate of 3 0) per One Hundred Dollars ($100.00) valuation of property within the East Alexander Fire District. Section 17. Property valuation for ad valorem taxes for the fire districts for the 1985-86 fiscal year is estimated to be as follows: Shepherds 129,066,624 .00 Mt. Mourne 131,706,015.00 East Alexander 21,009, 587.00 Based upon a tax collection rate of 95.9%, collections for the fire districts for 1985-86 are estimated to be as follows: Shepherds 30,944.00 Mt. Mourne 37,892.00 East Alexander 2,015.00 Section 18. The Buarrd of County Commissioners does hereby agree to contract with the Shepherds, Mt. Mourne, and East Alexander Volunteer Fire Departments to furnish fire protection to the Shepherds, Mt. Mourne, and East Alexander Fire Districts. This Ordinance being duly passed and adopted this the 2nd day of July, 1985. IREDELL COUNTY BOARD OF COMMISSIONERS s/Larry s. Hedrick, Chairman s/Alice Fortner, Clerk to the Board NEW BRIDGE ON ANITY HILL ROAD: Commissioner Murdock informed the board that the State Highway a has put in a new bridge on the Amity Hill Road. Someone the previous night had entered a side road by the bridge, and their vehicle was stuck in the mud. The state had seeded this area, and the vehicle entering this road had torn up the newly seeded area. Commissioner Murdock asked the county manager to see if the road is actually used, and if it is not, see if a fence could be erected there. MINUTES FOR THE JUNE MEETINGS: In answer to an inquiry by Commissioner Crosswhite, the minutes are being presented at the next regular meeting of the board. OPEN MEEINGS LAW REVISION: Chairman Hedrick said the board members had received a copy of the proposed state legislation pertaining to amending the Open Meetings Law, but that the board would like to study this proposed legislation further before making a decision. DANGEROUS CHEMICAL STORAGE: Commissioner Crosswhite inquired about an ordinance governing dangerous chemical storage. The county manager, Wayne Deal, said this matter was covered under the Fire Prevention Code Ordinance. SUBDIVISION PLAT APPROVAL: MOTION from Commissioner Stewart to approve the subdivision plats presented earlier in the meeting, which were: Carlyle Farms, Section I Twin Lakes at Troutman Mock Hill Run Troutman Trace VOTING: Ayes 5; Nays - 0. imitates OMB Aki chee MMM ae SRE tat 425 CASTAWAY SHORES - CONTRACT REGARDING PACKAGE TREATMENT PLANT: The county attorney, William P. Pope, presented a contract for the board's approval which modifies the previous contract between Castaway Shores, Inc., and Iredell County. Mr. Pope had prepared this contract and asked the board to approve the contract, wording the motion for adoption himself. MOTION from Chairman Hedrick as follows: "To rescind the action taken by the Iredell County Board of Commissioners on June 27, 1985, in reference to the Castaway Shores contract with Iredel] County, and that the Chairman of the Iredell County Board of Commissioners and the Clerk to the Board be authorized to execute a contract on AIA Form A101 between Castaway Shores, Inc., as owner, and Webber Engineering as contractor, with the understanding and condition that the execution by the County is solely for the purpose of enabling the contractor to be bonded, and does not make the County a party to the contract, and does not obligate the County to any person in any manner whatsoever." VOTING: Ayes - 5; Nays - 0. ADJOURN: MOTION from Chairman Hedrick to adjourn the meeting at 9:50 p.m. Next meeting: July 11, 1985, 4:30 p.m., County Annex Conference Room, to reconvene at 7:30 o.m., at the Agricultural Conference Rooms 1 and 2, Statesville, NC. Clerk APPROVED: August 20, 1985 IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES JULY 11, 1985 The Iredell] County Board of Commissioners met in Adjourned Regular Session on Thursday evening, July 11, 1985, 7;30 p.m., Agricultural Center Conference Rooms 1 and 2, Statesville, NC. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney Lisa Beckham, Planning Director Alice Fortner, Clerk to the Board Others present: Jerry Davenport, Consultant Attorney CALL TO ORDER: By Chairman Hedrick INVOCATION: By Commissioner Murdock PUBLIC HEARING: CONDITIONAL USE DISTRICT, MALLARD HEAD: MOTION from Commissioner Stewart to adjourn the meeting to a public hearing for the purpose of conducting a condi- tional use hearing for the Mallard Head Special Use District. VOTING: Ayes - 5; Nays - 0. By consensus of the board, Mr. Jerry Davenport, special counsel for the board, conducted the hearing. TRABSCRIP DAVENPORT: We have before us two subdivisions to consider with regard to modifica- tion of the PRD's. The first one is Heronwood; the second one is Mallard Head. With regard to the issues, I think the issues are fairly similar in a broad sense in each of them, and I am just going to try to anticipate what they are going to be and identify them for you. (1) Whether Heronwood petitioner needs a modification called the SUP that he currently has to construct a package plant on the Heronwood subdivision or PRD. 424 Secondly, assuming it is needed, whether the applicant, the petitioner, has satisfied the board that the development as modified will meet the development standards that are set out in the ordinance. I am going to refer you particularly to Section 87.2 of the Ordinance, and I am going to simply direct you to notice a couple of provisions in there, because I think they are going to come up as being very applicable in the sense that it's mainly standards 87.2(a), (b), (e), (f), and (k). I won't get into the standards in terms of giving you any guidance or intorpreting at this time, but I may come back at a later time, if the chairman so desires, and answer any questions or aive you some comments. Your duty as a board is to make preliminary findings of fact, make findings of fact as to whether the petitioner has satisfied the burdens that are set out for him. That is, whether he meets the standards and is due a modification of the SUP, The procedure that is set out in the rogulations, I should note in terms of presen- ting the evidence. I se2 no need and certainly do not encourage making objections during the course of the testimony. You may reserve your objections. All objections are preser- ved and will be made in the formal record. When you sce the record itself, it is assumed that at that time that we can prove anything from the record and establish a formal record that will be acceptable for a decision. So you can reserve your objections for looking at the written transcript. You will have e written transcript prepared, I assume? Secondly, in terms of order I will ask that everyone of the witnesses and persons who are going to make any statements whatsoever or need to ask a question be sworn in. With regard to the order of the the presentation, I am going to ask that the staff give us the presentation first, that we then take opening statements from the parties who have de- clared themselves to have an interest in this proceeding. At that time, after the opening statement, if the opening statements, in fact, are not waived. After that we will pro- ceed, and what I suggest is that we go with the petitioner's request first. The peti- tioners can either start the case either by cross-examining the staff, if you so desire, or presenting your own case and reserving that cross-examination until the end of your case or whenever you feel it is convenient. Following the close of each of the peti- tioner's witnesses, I am going to allow the cross-examination by the opponents that are declared. The other think I would notice is that the board members may at anytime interrupt any of the witnesses to ask any question whatsoever. On the other hand, the audience, we would ask that you reserve your questions until the end of the testimony of the person who is testifying. That's fairly clear. If you need clarification of something said and you can't follow it, by 711 means interrupt and let's slow it down so we can figure out what's beina testified to. At the close of the case will lave the opponents' closing arguments and the peti- tioners' closing arguments, and the board at that time may decide to either close the hearing or to continue it. I won't try to enticipate what your decision on that might be. Probably that should be the first thing you decide though. Following that if the hearing is closed, we will proceed to findings of fact. Is tiiare any questions at all with regard to the proceedings? Can you hear me? HEDRICK: Only if therc is some people who wish to speak for or against the issue that have not registered, we would ask that you do so now. DAVENPORT: 0.K. Let's proceed, if you would, to the Heronwood case. Administer the oath when you come up to testify. CLERK: Mallard Head is first on the agenda. DAVENPORT: I'm sorry. Let's go on to Mallard Head. Clerk administers the oath to Lisa Beckham and Duane Lewis. BECKHAM: My name is Lisa Beckham. I am the planning director for Iredell County. Exhibit 1, site plan, presented to the board. This is the site plan for Mallard Head condominiums, PRD, which was previously approved by this board. Modification of this plan involves location of the wastewater treatment plant. The modification involved is the addition of a wastewater treatment plant on the property. You will note that on the southeast corner of the property, a triangular point of property. This is the only change on the plat or the drawing previously approved. DAVENPORT: Could I ask you, was there a sewage treatment plant in the original 425 drawing? BECKHAM: No. Not in the original drawing. The original intent, as I understand, was to use a ground absorption, a nitrofication system. You will sec notes in the upper right-hand corner, acreage 10.72 acres, 40 dwelling units, 10 buildings a total. The density is 3.73. DAVENPORT: Is this located near any water? BECKHAM: No there is a stream bed, I understand, that crosses the corner of the property near the site designated for the wastewater treatment plant. HEDRICK: Do you remember originally where the septic field would have been located with reference to the proposed location of the sewage treatment plant? BECKHAM: As I remember an earlier drawing, it seems that the nitrofication field was going to be all around the perimeter of the golf course. There were gring to he just about everywhere. They even have easement over across the golf course. DAVENPORT: What's the adjacent users? BECKHAM: The adjacent users are zoned residenital/agricultural. There are two homes, E. C. Marsh III, —. C. Marsh, Jr. The property across the street, A. YY, Seiit, 16 in farm use. Larry R. Laney property, there's a residential structure there. The other side is Mallard Head golf course and then property held by Crescent Land & Timber Corpora- tion that is undeveloped. DAVENPORT: How close would the proposed sewage treatment plant be to the nearest dwelling? BECKHAM: Approximately 750'. That's a conservative estimate. HEDRICK: That would be 750' close to an existing, not one of the, Unit #1 would be closer than that, wouldn't it? BECKHAM: Yes, I interpreted that to mean adjoining property owners. DAVENPORT: Was the triangular area originally part of the plant? BECKHAM: Yes. DAVENPORT: Was it originally set aside as open space? BECKHAM: It was set aside for a well site and open space, as I understand it. DAVENPORT: Do you have any designated open space uses on that original plat? BECKHAM: Everything that is not covered by buildings is open space. DAVENPORT: Any particular open space uses designated? BECKHAM: A pool, club or change house. DAVENPORT: Are any of those facilities being changed, modified, disturbed, or moved? BECKHAM: No. DAVENPORT: I'm not going to allow cross right now. I'll let you do that on your own case at a later point. 0.K.? Any other questions the board has, the staff? We can certainly open this back up with staff. STEWART: I'd like to know the location of the well. BECKHAM: My understanding is that it will be just north or just uphill from the sewer plant. STEWART: As was proposed last time, still at the same place? BECKHAM: Yes. The well lot is uphill but in the same triangular place. I offer this as Exhibit 2, the detailed drawing (not clear). (The detailed drawing of the tri- angular property which is the proposed site for the sewage treatment plant and well.) CROSSWHITE: How far is the proposed treatment plant from the set back? BECKHAM: I think that would sale out to a 59'. 30'? . oe e ad nS 5 ts ’ a " 2 " HM en or a - same ee : . a ee eee eet mF . err ee hes a aNReas gi ar sR lta RE SR ria th: wees i 426 DAVENPORT: Let me ask one more question. Have you received anything from the North Carolina Department of Health Resources, or Natural Resources? Any other questions? We can certainly bring Miss Beckham back if you have more questions to ask her. DAVENPORT: In Mallard Head, who is the petitioner? BECKHAM: Duane Lewis. DAVENPORT: Mr. Lewis, do you want to make an opening statement? LEWIS: I will be very brief. DAVENPORT: Make an opening statement and then go ahead and present your case, if you'd like. If you want to, ask Miss Beckham any questions you have. Make your statement Tirst. LEWIS: I am a little nervous when I get started. My voice cracks a bit. This is a letter I wrote today to the county commissioners. It is addressed to the chairman of the board. We are requesting reaffirmation of the modifications to allow placement of a waste treatment facility in the approved planned residential district. My remarks edited and attached from the June 4, 1985 minutes of the Iredell County Board of Commissioners is hereby offered as true and correct and serve as a basis for this current situation. This is pages 47-60. I had nothing to change in those. What I've done is that I have edited. There were some things that were in there unclear and of course it drew attention to my public sneaking also. But then also I wanted to say that we, as developers, have contrac- ted with Mid-South Utilities, a licensed North Carolina utility, to design, construct, and operate the water and sewer systems for the developer. Also the developers have peti- tioned and have been granted a franchise by the North Carolina Utilities Commission. Only after all obstacles were overcome and a public hearing in Raleigh on June 25, 1985 (not clear) a certificate of public convenience and necessity. And also the developers have obtained a draft permit design of (not clear) and collection facility from the Division of Environmental Management, N. C. Department of Natural Resources and Community Development. The permit number is N. C. 006481. The developers are complying to the laws of the State of North Carolina and regulations of Iredell County. At this time, time is of the essence, and a delay even one more day, puts a hardship on the shoulders of the developers and creates some distrust in the Iredell County system. Also on June 4, 1985 the Iredell County Board of Commissioners approved the subject request, therefore a recordable plat showing the location of the waste treatment facility has been completed and made available for signature by the board chairman. It is hereby requested that final approval be accomplished at this time. That's all I have to say. DAVENPORT: Does everybody up here have a copy of those minutes? CLERK: They were sent out in draft form. That's the minutes from the June 4th meeting. DAVENPORT: Have you got all the witnesses that you had here at that time? LEWIS: I believe so. DAVENPORT: Well, why don't you go ahead and proceed and make the same case you did — at that time? I don't want to (not clear) a hearing that perhaps was not correct procedu- rally be reading into the record. I would not want to read the incorrect record into the correct cord and then have it challenged because originally it wasn't done correctly. So let's, if you wouldn't mind, go ahead and give us at least a fair record from (not clear). LEWIS: I'11 have to get my copy back from you, sir. First of all my emphasis was on the fact that we are treating domestic sewage and nothing else. The second and I think the question which I think was important was that the waste treatment plant not interfere with the well site, demonstrated by the engineer's final plat drawings that that does not occur and there's plenty of room to handle the collection line as well as the distriubtion line of the water. DAVENPORT: Do you want to explain that more closely? What do you mean, "There's plenty of room?" Would you elaborate on that? LEWIS: Yes, we've identified the 50' easement around the well, staying out of the 100' radius, the well site. The collection lines of the sewer line. We are also showing the distribution lines coming out of the well and going up across the PRD to the two first units. DAVENPORT: You said the well site is uphill of the package plant? 427 LEWIS: That's correct. DAVENPORT: What's the differences between the well site and package plant? LEWIS: The difference in elevation is 83'. The stream into which the effluent will be placed, that was a third question that is pertinent. We went to the State, the Division of Health Services, and asked them for a determination what would be allowed to be put in that stream. Although this stream has a daily capacity of about 100 gallons a minute, there is over a ten-year, seven-day low flow, or maybe it's the other way around, seven-year, ten-day flow, or 0. It means that that stream has to be treated as a dry bed. And that means that anything that we put into that stream has to be better than what's in the stream from a health standpoint. And that's the system we're designing, one that will put an effluent into that stream that's better quality, health-wise, than what's running through the stream today. There was some derogatory statements made about operators at that meeting which I don't want to get into. I have no idea where they came from and they were more like inuendos and I'm going to leave that alone other than to say that we have qualified operators, a qualified utility who's contracted with us to operate this on a class A, first-rate basis. I don’t think anyone can dispute the qualifications of the utility we have chosen to operate it. There was a question about chemicals getting into the stream and into the lake. Once again I re-emphasize that the chemicals that go into that is nothing more than domestic waste chemicals. There was one question brought up about Drano, and | still don't have any answers as to what Drano does to sewage treatment plants versus nitrofication fields. It is basically a phosphate, and that's all I know about 4%, I wanted to make one more important factor know. And that is that nitrofication fields can get out of line and be inoperative or operating improperly for years and sometimes they are never caught, due to different structure in the soils and in the rock; however, with a waste treatment plant this cannot happen. They are monitored daily and samples are taken to laboratories that are certified and qualified, and a history of that plant is maintained at all times. If that plant is not operating efficiently and correctly, there is steps that are taken by the state to correct that problem. Lastly was the reason why we asked for the nitrofication fields deletion and waste treatment plants to be put in its place and why the urgency and why it needs to be done right away. That urgency and why it needs to be done right away is because the nitrofica- tion fields require an entirely different landscaping and maintenance of the grounds versus the waste treatment plant. The waste treatment plant is very small, out of the way, and takes up very few square yards of the area, and it just allows you so much more versatility in the developer of the PRD. A question was how far are we from Lake Norman. That stream runs about another 1100' to the lake. MILLS: That's the stream you are calling Reed Creck? LEWIS: And after that the motion was made to allow the use of the waste treatment facility, which was 3 yeas and 2 nays. DAVENPORT: Any questions at all? HEDRICK: Duane, you contacted me at one time to come out and look at this property with you, which I did. At that time you mentioned something to me about a use you had heard of or know of, whereby the effluent was used to, in fact, irrigate a golf course, something along that nature. Is there any possibility that the effluent could be used other than discharging into Reed Creek and running into Lake Norman? Is that possibility ever been explored. Do you foresee any problem with nursuing that? LEWIS: That would become an engineer's question, and I can't answer. HEDRICK: I guess that question would be better put, Is there any downstream areas that could be used for some sort of lagoon that wouldn't interfere with the operation of the golf course and could be used for a reservoir, an above-ground reservoir? LEWIS: Once again, Mr. Chairman, I can't answer that. DAVENPORT: Do you have a question? Is there anybody that's declared as an opponent in this particular matter? All right. Is there any questions from the staff? Do you intend to call any other witnesses? LEWIS: No, sir. _ ils. dapat we 428 HEDRICK: Mr. Lewis, you gave me a copy of a letter just before the meeting started that had been written to you and a copy going to me, which inadvertently had been sent to you. Do you wish to make that part of the presentation or not? LEWIS: Yes, sir. I believe I would like to make copies of all the legal documents that we have procured so far. DAVENPORT: We have two exhibits. I assume that's two of the things you mentioned that the staff introduced. This is a letter from the NRCD. Is there anything else besides these two documents and that letter that you want introduced? LEWIS: If you feel that the franchise that has been issued by the utilities commis- sion, any of the other permits that have been applied for, are pertinent to your decision, those can be entered into the record, if you so desire to have them. Exhibit 3, letter from the North Carolina Department of Natural Resources and Commu- nity Development (NRCD), dated July 3, 1985, addressed to Mr. Duane Lewis, from Arthur Mouberry, P.E., entered into the record. HEDRICK: Do you want to enter this letter as one of the exhibits? LEWIS: I think so. The intent of the letter, Larry, was to show the commissioners that we are complying with every state law that is on the books at the present time, and it is a lengthy, time-consuming set of laws to comply with. The reason for the urgency of the situation is that we are in a 45-day waiting period now because it is required by law that we advertise in a local newspaper that we are going to discharge into a stream. Persons (not clear) can oppose that in Raleigh. Then we have to answer that. DAVENPORT: Let me ask you another question, Mr. Lewis, just for the record. Is the project as desirable with a, from the point of view of all the units, with the package plant as it was with the individual septic system? LEWIS: Judgment on some people's part. But as a developer and knowing the acreage required for repair areas and the home owners virtually trouble-free package treatment plant, it has to be more desirable with a package treatment plant. DAVENPORT: Would that also be considering such things as odor (not clear)? LEWIS: Yes. DAVENPORT: How would this package treatment facility alter in any way the plans for open space in the PRD? LEWIS: Absolutely none. In fact where it's placed on the PRD. It's a natural for it to be visually screened. It's as far away from any future development or proposed condominiums thet you can get it and still be on the same property. DAVENPORT: What was the proposed open space used prior to this proposal? LEWIS: All space not covered by buildings or parking lots and the swimming pool. DAVENPORT: Any other questions? Do you wish to ask Miss Beckham anything in terms of cross-examination? Any oppo- nents? The nrocedure says you can go ahead and make closing comments if you would like. Or you can just rest on what you've put forward. Miss Beckham, do you have any concluding comments at all that you would like to make? CROSSWHITE: 30' set back? Does that allow room enough to be buffered? LENIS: Apparently that's part of the set back requirements that are part of the zoning right now. (not clear) BECKHAM: 1 take exception to that. 87.2(h) requires when a PRD abuts a residential/ agricultural district there be an open space of at least 45 feet or 3 times the height of the building, whichever is greater, between any building or accessory use and the property line of the PRD. ‘ I was under the impression that it was 50' earlier this evening. So in my opinion 30' is not adequate. DAVENPORT: I think that's well taken. Mr. Lewis do you have any comment on that at all? LEWIS: Well, let me ask. We can still put the plant in the little area because it panne Ri iiss ” hitless, SR i, | TRE - wists elite 429 only takes up a small amount of space. It depends on how you define that buffer strip. I didn't think of it as a building. I didn't think of it as an accessory use because it's 3/4 buried in the ground. CROSSWHITE: Is your well already located there? LEWIS: Yes. STEWART: Mr. Davenport, do you interpret this PRD shall be buffered from adjacent residential property? The only residential property that is adjacent to it is his own buildings, and I believe there's more than 45' separation from that area. So the buffe- ring can be accomplished with natural and existing plants equivalent to a buffer strip as defined in subsection 41(c) of this ordinance. When a PRD abuts an R/A or R/R or R020 district, there shall be an open space at least 45' or at least three times the height of the building. This is not adjacent to any residential area other than you own (not clear)? DAVENPORT: Miss Beckham, is this land adjacent to an R/A or R/R district? BECKHAM: Yes. DAVENPORT: Are the properties that are in those districts, are any of them residen- tial? BECKHAM: All golf course. DAVENPORT: All golf course? HEDRICK: Crescent Land & Timber is now what use? It is just undeveloped? DAVENPORT: Non-used land right now. BECKHAM: I believe that second sentence, "When a PRD abuts any of those districts, R/A or R-20, that there be open space between those structures and the adjoining property line, whether or not the adjoining property is developed or undeveloped. That's how I recall the intent when the draft (not clear). DAVENPORT: Your language on the space (not clear) The language appears when it states when a PRD abuts an R/A, R/R or R-20 district, which it clearly does, at least (not clear) there should be an open space at least 45' between the building or accessory use from the property line. I don't think it really (not clear). HEDRICK: Duane, is that 30' on the west side of the property line? LEWIS: That's correct. HEDRICK: What is the line there, that 140' small line, that triangular line, what does that line represent? That's not the configuration of the treatment facility, is it? LEWIS: No. That just represents 30' set back that we designated as an area for the waste treatment facility. HEDRICK: My question would then be the actual location of the treatment facility, if it were approved, could it be placed in there in such a manner as to give you the required 45'? LEWIS: Yes, sir. I do. I want one person to confirm that for me.. Lisa, let me ask you a question. Did this go in the record? Isn't there an auto- matic variance of 10% granted on set backs and buffers? BECKHAM: Not to my knowledge. LEWIS: It was just a question. BECKHAM: I know of no variance (not clear). DAVENPORT: You may just want to take this back and resubmit this after you comply with this. It looks like on the space you've got a problem. I'm not going to judge for the board whether they are in fact going to find this as a fact that this is not 45'. It appears that you might want to consider that without submitting it, just simply re-do the drawings, furnish additional information to show that this will be met. It looks like it's a problem. MURDOCK: I have a question. I don't know whether it's appropriate or not. Lisa, is this the first time you seen this? Did you come up with this objection this late in the 430 m mee Oe % ren ees ot on i apd aR CR cee Ia hs tue sae as a 3 billig Si hs aah italia Oe 2, a ik li ARR A ROS al ic Sue ale game? BECKHAM: I've seen the plat earlier, but when I saw it, it was 50'. And tonight when I handed out the plat I answered Mrs. Crosswhite's question by saying it's 50'. I was corrected that it's 30', and I made a note here on my drawing. So I came to the meeting thinking it was 50' until I was informed otherwise. STEWART: This has the 30' in the same ink the map’s done in. BECKHAM: That was brought to me last night at the planning board mecting. I did not check the measurements again on that plat. MILLS: What size is your package treatment facility? LEWIS: I think if I could swear Carroll in now and let him come to that, because he's the engineer who's working with the plant and the design of it. Carroll Williams sworn in. DAVENPORT: Let the record reflect that Mr. Lewis has called Carroll Williams. WILLIAMS: Carroll Williams, professional engineer. I live in Hickory. DAVENPORT: Do you have any information that is pertinent to the particular develop- ment complies with the regulations, the development standards that are set out in the ordinance? i WILLIAMS: This is rather sudden. I didn't come prepared to get into this. DAVENPORT: Mr. Lewis, do you have any questions for this man? WILLIAMS: The space requirement will be very tight. If the board imposes 50', it will be almost impossible. Mr. Lewis and I talked at great length over that particular point, and he came up and he said I believe according to the ordinance the limit would be 30'. And I aid that would help us out considerably. For a package plant, now we could customize a plant, perhaps, and squeeze it in a smaller triangle. But for a package plant as you all have been referring to tonight, one that you bring in on a truck, it's going to be 12' wide and almost 20' long. by the time you reduce this triangle to 50' space on each side, you just about got to that point. CROSSWHITE: This calls for at least 45'. How (not clear)? WILLIAMS: 45'? Well that'll give us 5 more feet. CROSSWHITE: On each side? WILLIAMS: It would be very close because of the triangular shape. We'd have to crowd up against the well lot, which would be all right. I mean I don't see anything wrong with that. It is just a matter of (not clear) We're dealing with a rectangle and we've got a triangular space to squeeze it in. You know, it's the old round hole and square peg, or something like that. That's the biggest problem. As for the plant itself, I don’t see any real problem. It is just the space requirement. CROSSWHITE: Would it be in order to make a motion to the effect (not clear) that we could approve it subject to (not clear) 45' set back? DAVENPORT: I think the drawings probably should reflect that. I can see in certain situations where you might want to continue, put a provision in an approval which antici- pates something in the future that you couldn't anticipate (not clear) If you can antici- nate it, you (not clear), you shouldn't condition it on that. Would you be willing to withdraw this and to resubmit the drawing showing best you can that you comply with the regulations? Are you willing to do that? I don't want to remove from you your option of going straight forward on this procee- ding. I'm just anticipating (not clear). LEWIS: I understand. The original 50' was proposed ordinance I was reading from, and that was the original drawing that we had, the preliminary sketch we had set in to. I went back to the ordinance and I just. I have trouble with open space and then buffer with plantings and trees and natural forage, trying to work the two together. And also I, if I could just have a minute, I want to take another look through some of (not clear). BECKHAM: This was the plant that I had earlier to check 50' and in my mind (not clear). nde: + 431 LEWIS: Here's what I got. Buffer strip. Is that what we're talking about, Lisa? BECKHAM: No. There are two different concepts there in that paragraph. One is the property being buffered; the other concept is the open space between a structure founda- tion and your properly line. So there are two ideas there. You would have a planted buffer or a structured buffer on your property line and the structure itself. LEWIS: I'm now reading from your own article here. Subsection 41, definition "buf- fer strip." It goes through several and then it comes to existing woodland. HEDRICK: What page are you on? LEWIS: I'm on page 4. We have existing woodland. Natural vegetation. Vegetation down in there is pine trees and think (not clear), etc. Existing woodland. At least 30' in width and 6' in height. It definitely 30' and 6' in height. "May qualify as a buffer if visual separation is achieved (not clear, reading from zoning ordinance). I am providing visual separation, and I understand, and that is exactly what the line on your PRD represents. CROSSWHITE: In other words, what you are saying is you would clear out this little triangular area (not clear)? LEWIS: That's correct. And then we complied with the 45' to the actual treatment facility. LEWIS: Now if you will go over and read 41.37 (not clear) Structure. It's page 9. Lisa would you interpret that for them, please? BECKHAM: I think I will defer to the county attorney. POPE: What's the question? BECKHAM: 41.37, page 9, definition of a structure. He wants an interpretation. POPE: On what is a structure? What's the question? I don't understand it. LEWIS: I think the question is, Do you define a waste treatment plant as a structure? DAVENPORT: I would certainly define it as a structure under the ordinance. Is there any precedent (not clear)? POPE: I don't think there's any doubt about it. DAVENPORT: Is there any argument that you have that it should be considered a structure based on that language? That seems an appropriate question to ask. LEWIS: It says right in there, and it's pretty, in other words it's clear in the language it does not (not clear, changing to Tape #2)(Reading from the Ordinance). It says here"ground absorption treatment and disposal plants, including septic tanks and other sanitary sewage disposal systems are not considered structures." It's very clear. Would you agree? POPE: No, I don't agree with that. LEWIS: Is it written wrong? POPE: I don't know if it's written wrong or not. I don't know. I'm not passing moral judgment on it. I don't agree with it. I think it clearly is a structure. LEWIS: It's clearly in the ordinance that it is not a structure, though. POPE: I don't see any reason for us to argue about it. It is my opinion that it is. DAVENPORT: The first four lines appear to make it pretty clear that it is a struc- ture if (not clear) to write it out. I understand, I ready the language the same as you do. I think it is still an accessory use, and whether it is a structure or not. BECKHAM: A building permit would be issued for a structure. I think the definition for a structure was intended to make it clear that we do not issue building permits to install septic tanks, but anything requiring a foundation, a building permit is issued; 432 and it would be considered a structure. WILLIAMS: Do you mean the wording in this, “other sanitary sewage disposal systems and disposal plants," doesn't cover package plants? DAVENPORT: I'm saying even if you, even if it is not a structure, it's still an accessory use. I would say that under the first four lines of that definition is clear that this would be the kind of thing that would be a structure. I'm looking at the language. I see the specific language exempts ground absorption treatment in generic term of disposal plants. A sanitary sewage disposal system, conceding our point, it still appears that you still have the problem that it is an accessory use. I think you are raising a good point. HEDRICK: I believe go out there with your tape measure, you could probably comply, based on what Carroll is saying. That's something we ought to definitely know to clear up as far as terminology of that particular section is concerned. HEDRICK: Would you consider the withdrawal subject to your getting the proper dimen- sions and drawings to prove that you could get it within the 45’ buffer zone, or open space, as you say? Is there any problem with that? LEWIS: I had rather pursue it based on the fact that I can get it in there and that if it's not feasible to put it in there with the 45', if 45' is the magic number to somehody, somewhere, there are variances given from time to time for people to go across the 15' limit on side boundary or any number of reasons why, you know, it might have to be a foot or two different. I just can't see the reason to withdraw based on a very, very narrow interpretation of that 45'. We are very close. HEDRICK: I think in all fairness to Crescent Land & Timber, if we are going to make a decision to deviate from the ordinance, you know, less than 45', we would certainly need to notify them well in advance and give them an opportunity to respond, even if they have no objection. LEWIS: I think that's quite fair. I don't want to withdraw the request. DAVENPORT: Any other testimony you want to produce? Any other questions from the board members? Staff? I think we are at the point where you are just passed making closing remarks. HEDRICK: Let me just make sure I understand this. The drawing we have here shows 50' open area. You obviously felt that the 50' area was not compulsory or you read it that 30' would be adequate by the definition that you pointed out to us, I assume? LEWIS: Yes. HEDRICK: But you did not contact Lisa and ask her if that interpretation was, in fact, correct? I'm just asking if you recall ever having been told by the planning department that that 30' open space would be adequate. LEWIS: No. The 30' which I considered to be buffer zone was what I was addressing this map to. As far as setback for a structure, I had, the setback for the structure would go inside this 30' buffer strip. That would be subject, that would be the same thing as measuring off your neighbor's side yard to make sure you're 15' off his property line before you put your foundation down for your house. DAVENPORT: Do you have any closing remarks? LEWIS: No, I don't. If there is anything I need to add to it HEDRICK: At this point the hearing on Mallard Head is concluded. Is there a motion to go back into regular session? MURDOCK: Are we going to complete one at a time? HEDRICK: I assume that would be in order. HEDRICK: Motion would be to close the hearing. STEWART: I make a motion that we close the hearing. HEDRICK: It has been moved to closing the hearing. Any discussion on the motion? If not, all those in favor say "Aye.' AYES - 5; Nays - 0. ss wiesiins : ‘ ' vr : rae : @ - RS. : 4 neal RNE 433 MALLARD HEAD CONDOMINIUM PROJECT - PLANNED USE DEVELOPMENT: CROSSWHITE: Mr. Chairman, Mr. Mills has worked out here, he has determined that it was approximately... 45', drawing on this map (not clear). Would it be possible that we withhold a ruling on this until he resubmits a more detailed drawing on this area here? STEWART: I believe he said he did not want to withdraw. HEDRICK: I personally think it would be well in order to ask that we have complete compliance before we act on something of this magnitude. Are you making that in the form of a motion? CROSSWHITE: Yes, I suppose I am. Not asking him to withdraw it, but that he submit a more detailed drawing of this area here. (Exhibit 2) DAVENPORT: I think it would be dangerous to submit more evidence into it at this time. CROSSWHITE: I know it's splitting hairs, but HEDRICK: Your motion would be defer action until such time as the setback lines have been proven to be in compliance? CROSSWHITE: Yes, could that be done at our next meeting? Because I know that Mr. Lewis needs to get this answer as soon as possible. MURDOCK: That would be the first Monday in August, I believe. HEDRICK: We are meeting Monday night. It could be handled Monday night, August 5th. HEDRICK: The motion is that we defer action until our next meeting, which is August 5, Monday night, which will be at the Annex Building, and until such documentation is presented to show compliance of the open area. Is there any discussion on the motion? DAVENPORT: Let me ask. Do you think we can (not clear)? CLERK: You could reconvene the hearing then, on August 5th. CROSSWHITE: Motion withdrawn. HEDRICK: MOTION to reconvene the hearing until Monday, August 5, 1985, Annex Buil- ding, Statesville, for the purpose of him submitting additional information which would show compliance with the open area between your western property line and the location of the treatment facility plant. Any discussion? MURDOCK: Is this treating Mr. Lewis fairly? CROSSWHITE: No, but if we have to go by the rules set forth here. MURDOCK: Well, there seems to be some doubt. The fairness of the situation is what I am looking at. There seems to be some doubt, you know, different interpretations, of the different parts that are being quoted. HEDRICK: I think based on the testimony that I have heard and based on what MURDOCK: I'm not talking about necessarily, I'm talking about the different inter- pretations of different parts of the zoning ordinance, not the other part (not clear). HEDRICK: Based on the ordinance that the county adopted, it is not in compliance. MURDOCK: Well, there seems to be some questions as to what the word "structure" (not r clear) There seems to be some gray areas there. HEDRICK: There may be some ambiguities, but our legal counsel that we employed and have elected as our legal counsel has told us that it is not in compliance by his inter- pretation that the definition of a structure does include the waste treatment facility. And if that is, in fact, our belief, that he is, in fact, correct, then the location is out of compliance with our ordinance. CROSSWHITE: Mr. Davenport has said it would not be a good policy to approve it subject to the fact that it may fit in unless we just want to grant a variance. 434 noe ee ae £3 Stal AIMEE 2s sO Ae MER HAS DN ud I added that part. But as it is, we could approve it "conditionally" without know the conditions of "conditionally." I don't think it's fair to Mr. Lewis either, and I apologize to him for what we're doing. But I do want to make sure that all the I's are dotted and the T's are crossed. DAVENPORT: Let me go over that provision one more time to ease or unease your mind, whichever you want. Provision "h" states, basically, and I'm just going to read the last part of it. "When the PRD abuts an RA, an RR or R-20 district, thee shall be an open space." And open space is not defined although it's alluded to on page 60, "of at least 45' or three times the height of the building, whichever is greater." In this case I assume it's the 45', although that's for you to decide "between the buildings or an accessory use and the property line of the PRD." So the 45' between any building or accessory use, the word, "structure," is not used, accessory use is and the property line of the PRD. I think you can fairly construe the property line being (not clear) So that the language that I think you are interpreting. HEDRICK: Any other discussion on the motion? Alice, will you please read us that motion back? CLERK: Continue this meeting until August 5, 1985, Annex Building, for the purpose of submitting evidence to show compliance of the west property line and the waste treatment plant (Exhibit #2). HEDRICK: Amend the motion that wastewater treatment plant be in compliance with all property lines. WALSER: Mr. Chairman, when you reconvene back into public hearing, can I suggest that possibly that this would be a good time to take a break of about ten minutes and maybe some heads can get together and resolve the dilemma during the break? HEDRICK: There's a motion on the floor, and a motion to adjourn is the only thing that will override that motion. MURDOCK: I move we adjourn. HEDRICK: Any other discussion? VOTING: Ayes - 4; Nays - 1 (Murdock). 10 minute recess. STATESVILLE RECREATION DEPARTMENT - REQUEST FOR FUNDS FOR HORSESHOE TOURNAMENT: Mr. Jack Springer came before the board to discuss the plans for inviting the 1987 World Horseshoe Pitching Tournament to Statesville. While no funds need to be allocated for this tournament at this time, a letter of invitation should be issued if the board concurs with the teournament being held in Statesville. Five thousand dollars ($5,000) will be needed in the 1986-87 budget and $5,000 in the 87-88 budget for this tournament, which Mr. Spring said would bring a lot of revenues to the county and city. MOTION from Chairman Hedrick to make clear the board's intent to back the proposal of the Horseshoe Tournament to be held in 1987 and set aside $10,000 for the purpose, to be expended if the tournament is held here. If the tournament is not held in Statesville, the $10,000 will not be encumbered. VOTING: Ayes - 5; Nays - 0. PUBLIC HEARING: MOTION from Chairman Hedrick to adjourn the meeting to public hearing for the purpose of discussing the request by Heronwood. VOTING: Ayes - 5; Nays - 0. TRARSGCR IP Y HERONWOOD PLANNED RESIDENTIAL DEVELOPMENT - SPECIAL USE DISTRICT PERMIT MODIFICATION REQUEST: DAVENPORT: Let me just add one other comment before we get into this. In regard to 439 the issues, I feel I have accurately set out the standards to you. I mentioned to you (not clear) (1) Whether the petitioner needed a modification to construct the package facility. (2) Decide if he meets the standards in 87.2. Let me just modify that to say that the standards are more than 87.2 It may also include standards in 87.7, 87.10, and 87.11. I had inadvertently not included all these standards. The tests are laid out in 87.10 in terms of the scope of the hearing and the require- ments which references the other sections. So just for your purposes. With regard to procedure, let's try the same as the first hearing. Miss Beckham, if you would, go ahead and make the presentation on behalf of the staff. BECKHAM: I am presenting Exhibit #1, a site plan for modification for the Heronwood PRD. This plan is being modified in order to add a wastewater treatment plant to the property. That's the only change on this plat from the original that was approved last year. year. There are 104 acres, 252 units, approved, with a density of 2.4 units per acre. The proposal was originally approved (not clear)nitrofication fields with septic tanks for waste disposal. Since the developers have reconsidered (not clear) for this change. Your 87.7 hearing procedure (not clear) were given the authority in considering an application for special use permit is (not clear) evaluation (not clear) reasonable for (not clear) conditions as to the location, Not clear), nature and extent of the prnosed special use and its relation to the surrounding property, including the ports facility, parking and driveway, circulation system, screening buffering, (not clear) sewage treat- ment, water supply, water safety, and other matters that you may deem or find appropriate. DAVENPORT: Any questions for Miss Beckham? HEDRICK: This Heronwood plat is dated March 18, 1985 and revised May 15, 1985. You don't happen, by change, to have the original handy, do you? It's not necessary, I just wondered maybe if you could answer this. Is this the way it was originally submitted when the PRD was approved with acceptance of the sewage treatment plant? BECKHAM: That's true. The March drawing was a (not clear) that was since erased. It was a proposal to add some single family lots at the southernmost point. That idea has been scratched from the drawing. HEDRICK: So I can really erase out of mind this March 18th, 1985 date? BECKHAM: Yes, that's correct. Although it's really mislabeled. It's called modifi- cation #2, and that's not correct. This is the first official modification that Heronwood has come before you to hear them. Earlier we had an informal discussion by the board and myself as staff as to whether or not the approximate location of buildings would require a formal hearing because of some of the buildings scaled anywhere from 50 to 100' from the water, and the builders began to come to get building permits, they asked how much leeway they had within the word “approximate.” So I came to the board, and the board made a decision that a drawing that at that time showing set backs ranging from 40 to 60 feet from the water was acceptable. But that was basically a discussion from the staff and board of commissioners as to what "approximate" meant as to location of buildings. That was not an official hearing and an official modification as it's defined here. So this is truly modification #1. HEDRICK: And just for information purposes for my own edification, which units are in fact built at this time? Like B16, 17, & 18? BECKHAM: I think it's these right here. Would it be 819 through 22? HEDRICK: We might need to defer that question until he's sworn in. Clerk to the Board swears the following witnesses to testify in this hearing: Bill Hollan C. D. Malone Carroll Weber James Jennings Carroll Williams Bert Walser DAVENPORT: Any other questions of Miss Beckham at this time? Do you want to go ahead as petitioner and present your opening statement and then go ahead with your case? ie teal 436 oy acta ne q es ee ese apuictd CAR oo Sn tie SI le es a? WALSER: ir. Chairman, as a matter of opening remarks, I'm going to (not clear) I'd like to just briefly make ti:o0 comments. The first one being that we come before the county commissioners today, this hearing, after totally disclaiming any admission that we are required by anything under the ordinence to do so. We'd like the record to reflect that we are here out of courtesy to the county. There's opposition that this is not something that needs to be done. (not clear) The first reason I say that it is something that needs not to be done is that fact that the control, according to the ordinance itself, of the sewage treatment facility is in the hands of the State of North Carolina and the health department. There is no specific ordinance that we're aware of within Iredell County that requires treatment facility approval for any kind of development, unless and until it can be shown that it is part of the special use permit. Secondly, we say that a treatment facility can be located totally below ground. It is not uncommon at all for them to be located below ground. In which case, they do not have to be shown on any plats, any underground facility does not have to be shown on the plat. Thirdly, if a sewage treatment facility is of the nature of a well, a water supply system which is not required to be shown on the plat. Fourthly, the ordinance adopted by this county which you just heard talked about by the people from Mallard Head defines a structure. We won't go into that again. It clearly says that sewage treatment plant is not a structure for the purpose of this ordinance, period. Now it has been a long time since I've been in law school, and maybe some of these other attorneys here, there's a Latin phrase I'm trying my best to remember, there's something about “inclusio (not clear)" which says anytime you read a law and it gives you a list of things, then you can rely on that list of things. And anything that is not in that list of things, you can't rely on. But I say that this is not a structure by the specific wording of this ordinance. And fifthly, we say that we don't have any obligation to come before you to amend this plat because of section 58 of your zoning ordinance, on page 13, if you would like to pull that out. I read section 58, I won't read the title, but it says specifically "The provisions of this ordinance (that means the county ordinance) shall not prohibit transmission and distribution facilities, utility poles, towers and lines, sewage treatment nlants or sanitary landfills. So it's our position that there is nothing in this ordinance that can by its own wording, require us to come here. Now (not clear) the opening statement, there could be an argument made that, well, you're here because there were some conditions put on you to get a special use permit, and I'm certainly not going to stand up here and say to you we didn't talk about septic tanks. I'm not about to insult your intelligence. We did talk about septic tanks. But that's not all we talked about. But somehow or another the point has been made that there's been nothing but septic tanks this whole time. Now the special use permit that this county issued and the Findings of Fact that were issued by this board. There is no special use permit other than those Findings of Fact. In the ordinance you have in writing to put in that special use permit certain conditions concer- ning, among other things, sewage treatment. I submit to you that those conditions are not in the ordinance as a prerequisite for zoning. I point out to you that Findings of Fact #2. This is the signed Findings of Fact by Alice Fortner and Joe Troutman. This is the permit, the special use permit. It says, “Any above ground sewage treatment facility will be buffered in accordance with ordinance requirements." Now that's Findings of Fact #20 within the special use permit that we are operating under. That is the special use permit. That was read out and presented, it was reviewed by the other side. A copy was given to Mr. Parker; a copy was reviewed by Mr. Bryan. before it was signed it was totally disseminated. This is no surprise to anybody, so it kinda bothers me that somebody comes in and says we never talked about anything but septic tanks, because right in there it shows that we talked about something besides septic tanks. Now, finally, in my opening statement I would like to ask this county to remember something that Mr. Davenport said earlier this afternoon, that he thought it was very important that anytime the situation the ordinance, that you be consistent, that you be fair to everybody, and you put everything down so people will know where they stand. This board has previously approved Mallard Head, and I know tonight what went on. There is no official formal vote, but there is no question in anyone's mind that his whole case up here tonight was reviewed of a decision of this board to approve Mallard Head. Approved Mallard Head to do what? To put in a package plant. I also have in my possession, and I will be glad to show it to you if you haven't seen it, a contract between this county and the developers of Castaways which guarantees them the right to ut in a package plant. It is signed by this county, right here. It is supposedly a vote. I wasn't present for it; I don't know whether they had a permit and hearing and notification, and all. There's a contract, and all of you are aware that there is a contract. Now to my knowledge there are three people who have made applications for package plants: Mallard Head, Castaways, and Heronwood. Two of them have been approved. All I ask is for some consistency. If in your Findings of Fact, ladies and gentlemen, you find we are doing something wrong, then find a fact on it. Your are sitting tonight not as a political body. I think if you listen to what Mr. Davenport told you earlier, this is not a political hearing. A political hearing was the 43/7 decision to zone the property for a PRD or not. Once thet decision was made the politics supposedly ended. From that point forward, the decision is to be made on facts. You are sitting tonight as judges and a jury. You have to hear the facts; you have to listen to the facts. And I hope that there's no one sitting on this council that is not willing to listen to those facts. Because if you're not, then I think Mr. Davenport should instruct you that if you're not going to listen tc facts and make your decision based %n the facts you hear tonight, you should excuse yourself. With that, I ask that you please keep an open mind and listen to the facts before ou, and the facts is what we're talking about. I'd like to now turn it over to Mr. Bill ollan. HOLLAN: I'm Bill Hollan. I've the vice president of RDC, Inc., which is based in Winston-Salem, NC. We are developers. I've been here before this board on several prior occasions to discuss this property and proposed development. Our case, as Mr. Walser told you, is similar to the one that we've just heard, the public hearing on Mallard Head, in that we believe that the use of a sewage treatment plant to serve our property would be better capable of creating an environment of sustained desirability and stability, as required under the ordinance. And therefore we come to you again, as Mr. Walser said, not believe that given the history of the, given this ordinance and the history of our prior special use permit, we do not have to come to you, but we didn't want anyone to think we are doing anything underhanded, so we are coming to you to inform you of the decision to which we have come, or the conclusion to which we have come, as to the most desirable means of serving this property for sewage treatment. Like Mallard Head, our proposal would include domestic sewage only, nothing else, no chemicals, no heavy metals, no dangerous kinds of sewage other than domestic sewage. Domestic sewage most easily treated, the most effectively treated in a treatment plant. The proposed waste treatment site will not interfere with the proposed well sites or water supply on our property. We, too, propose to, have contracted with qualified operators, qualified utility, in the same manner as Mallard Head, to insure that the utility would be properly operated. We have come to the conclusion that sewage treatment is a better means for providing for disposing of sanitary sewage than septic tanks after some considerable study and for the following reasons. Sewage treatment plants represent a long term solution to the sewage problem. The leeching capacity of the soil in septic tanks is gradually used up and the designers of the septic tanks say that a septic tank is designed to fail eventually. The state regula- tions and the county regulations require, for that reason, require that repair areas be set aside in an amount of land equal to the amount required for the original drain field, because of this certain situation that the leeching capacity will over time be used up. This is not the case with sewage treatment plant. The advantages of a septic tank system from our point of view were that septic tanks were generally uncomplicated. They work well in situations where they have single houses or a small number of houses connected to septic tanks not requiring a great deal of attention. But the fact of the mater is that the sepitc system as proposed for our property with pumps, lift stations, etc., has become as complicated as a treatment facility, and given these complications and the fact that the sepitc systems are not subject to the kind of state regulations, federal regulations, which would be required for the daily attention and surveillance which are required for treatment facilities, these complications offset any advantages that might be gained originally from the simplicity of the system. So with the treatment plant you do have professional management on a daily basis, a daily monitoring, you have long term records, record keeping, and you are treating the waste. You are certain that you are treating it. There is no uncertainty as to whether it is being treated before it goes into the leeching fields and runs out. You know it's being treated because it's being tested on a regular basis. Another problem from the point of desirability and stability of the project in the community with septic tanks is that the preparation of the drain fields requires massive clearing of existing vegetation. From an esthetic point of view I think everyone would agree that the preservation of specimen trees, of vegetation in areas where it can be preserved is highly desirable. We would estimate that dozens of acres of our property would need to be cleared, stripped of all vegetation, in order to provide the drain fields and the required set-aside repair areas for septic tank drain fields. 438 And this would scer the property from an esthetic point of view and from a visual point of view, to an extent which is unacceptable and which can be avoided by the use of a sewage treatment plant, which permits all those trees to remain. The use of this, the avoidance of all this clearing also provides for slightly more flexibility in the location of parking facilities, parking areas. It will enable you to design your parking lots in a more esthetic manner, preserving trees where you find them rather than coming up with the most efficient engineering solution, which is required by the location of the drain fields, etc. Finally, the treatment plant being a single location for the collection and treatment of the sewage is less likely in the long run to interfere with any existing potential well sites, sources of potable drinking water for persons in the project, less likely to create run-offs, break-outs, or bubbling up of untreated sewage, which is always a possibility in a septic system, no matter how well designed. So for all these reasons, we believe that a sewage treatment facility is a better solution than septic tanks, given the large coordinated project with the ability to handle its waste in a treat- ment plant, large enough to support a treatment plant with the kind of operation required. With respect to the permitted uses, we believe that the sewage treatment plant is a permitted use within this ordinance, that it is permitted within planned residential districts. As to the development standards, we believe that the sewage treatment plant will enhance the development's capability of creating an environment of sustained desirability and stability. This treatment plant, as proposed, does meet the set-back and other use restrictions of the PRD zone. Plans for the PRD septic, sewer system, plans for the sewer system will be reviewed by the North Carolina Division of Health Services and the Iredell County Health Department and other appropriate state agencies, and final approval is required before building permits may be issued for a PRD. The above-ground sewage treatment facility, that we are specifically proposing here, will be buffered as required in Section 41.6 of your PRD ordinance. Liability insurance in the minimum amounts required by the ordinance will be maintained on all parts of this sewage disposal system to reasonably insure against liability incurred by the malfunc- tion or misfunction of the systems. Such coverage will be maintained by the property owners’ asso- ciation as required by the PRD ordinance. This proposed modification does show the approximate location of this proposed sewage treatment facility. This application for the modificiation is accompanied by a new site plan, which is drawn in accordance with the provisions listed in Section 87.10 of your ordinance. This proposal will comply with Section 87.11 as to construction affecting Lake Norman, and precautions will be taken to protect the quality of the water in the lake. As was the case in our original proposal, the PRD will be buffered from the adjacent residential properties in accordance Section 87.2, paragraph (h) of your ordinance, with open space of at least 45 feet or three times the height of the building, whichever is greater, between any building or accessory use and the property line of the PRD. The PRD does contain commonly owned, permanently useable open space. The purpose of the open space is provide areas for active and passive recreation immediately adjacent to the dwelling units. Another benefit of the sewage treatment plant as opposed to septic drain fields is that the open spaces become available for more uses under use with a sewage treatment plant than would have been the case had they been areas for location of septic drainfields or repair areas for future septic drainfields. I've got, we've got several other people here tonight to respond to specific questions, most of them you would know and will identify themselves. One that you may not know is a gentlemen by the name of C. D. Malone. Mr. Malone is a professional engineer, located in Winston-Salem. He has long experience in the operation of large and small sewage treatment plants and facilities. I'm going to ask him to tell you a little bit about himself, a little bit about his background, about his qualifications to speak as an expert on the question of whether sewage treatment plants or septic tank facilities are likely to be more desirable in a development of this kind. DAVENPORT: Are you finished right now? I wanted to allow the opponents to cross-examine you if you are finishing your statements without, if that's 0.k. Do have more statement now? HOLLAN: No. I think that DAVENPORT: I was wondering if you were winding up. I thought you were going to introduce him and he was going to take off. HOLLAN: That's what I was going to do, but we'll do however you want to. DAVENPORT: Is there an onponent registered on this? BRYAN: Yes, sir. ne ry itt: 1 inated Ar Bic Nah aly 439 DAVENPORT: Do you have any questions that you wish to direct to Mr. Williams (sic)? BRYAN: Yes, sir, I do. But before I do, I would like a point a information. Chandler Bryan sworn by Clerk. DAVENPORT: A point of order just before you start. I didn't ask you to give. I forgot you were there, and I didn't ask you to give an opening statement, and I apologize. I will let you make an opening statement after they conclude their case. I hope it hasn't prejudiced you. BRYAN: If everyone is still awake. May I look at the plat that was submitted? I haven't seen it. This plat is not accurate. It does not accurately reflect the development so far, Mr. Davenport. DAVENPORT: I think I'll let you testify to that at your time. Do you have any questions with regard to anything he has said? BRYAN: Yes, I do. DAVENPORT: 0.K. Let's cover that and come back to your point that you have when you get ready te make your presentation. BRYAN: Stay with me. I sorta got jumbled up. DAVENPORT: 0.K. I'm sorry. I threw you off. I had forgotten that there was an opponent. I apologize. BRYAN: Mr. Hollan, do you have any idea how long package plants have been in existence? HOLLAN: I do not. BRYAN: Would you hazard a guess? Would you say one year, six months, five years, ten years? HOLLAND: I couldn't hazard a guess. I don't know. BRYAN: Have you ever built a development which used package treatment plants? HOLLAN: Yes, I have. BRYAN: How long ago was that? HOLLAN: Within the last year and a half. BRYAN: So you at least know they've been in existence the last year and a half? HOLLAN: That's correct. BRYAN: Did you build one before that, using a package plant? HOLLAN: No. BRYAN: That was the first one? HOLLAN: That's correct. BRYAN: Well, I'm curious because I believe that you are the same Mr. Holland who testified back on January of 1984, let's see if I can find you here, in which your attorney, Mr. Walser, asked you this question: He said, "I have one question, Mr. Hollan, do you plan to build into any nitrofication plan an excess capacity?" And you said, "Yes, we do. There is a requirement that an area be set aside for nitrofication fields which is at least double that which will be required based upon the measurements and the suitability of the soil. And we propose to set aside that 100% additional area as required." WALSER: As a point of order, I wish you would read the series of statements immediately preceding that statement into the record and put that into the record, or at least specify that that is a true a valid transcript. It is on record and we can include any parts of it. BRYAN: I'll be glad to make the motion that Exhibit C, dated January 3, 1984, the entirety of it, be made a part of the record. But to save time, anyone can read it. They have a copy of it also. I would suggest that I be allowed to pick out the things and question and review what he was testifying to. DAVENPORT: I don't see any problems with proceeding the questioning, if you can follow what he's asking of you, granted. I think if you offer it into the record. I think we even have a copy of the transcript, if that's an accurate representation of what was said then, that's fine. 440 WALSER: The only problem that I have is picking spots without the whole line of question. DAVENPORT: I'm wondering if Mr. Hollan is going to be able to follow along in this. BRYAN: It's page 20. HOLLAN: I have a copy here. I don't see anything in those remarks that was inconsistent with my remark that I had developed a project that was served by a package treatment plant within the last year or, and let me modify that to say maybe 18 months, but prior to that time I had not built a project that was served with a sewage treatment plant. BRYAN: What I'm getting at is I guess this has been going on now for approximately two years, it seems three, I'm not sure. And the only time that package plants were mentioned in the Heronwood project was in the very beginning, at which time, the commissioners, due to the objections to it, requested that you not use 4 package plant. And you said, as I recall, that you would not, you would use septic tanks. And all we have talked about for the past year and a half has been septic tanks. Now I was just curious as to why, at this late date, you would come to the decision after telling the previous board of commissioners septic tanks would work fine on that land, why now, all of a sudden, you have come to the decision that they won't work. HOLLAN: Number 1, let me explain the last part first. I've not come to the conclusion that they won't work. I've come to the conclusion that there is a better solution, which is sewage treatment plant for all of the reasons which I alluded to above. We, in the same lengthy transcript which you quote, page 12, I said, “our above-ground sewage treatment facility will be buffered as required in Section 41.6 of the ordinance." That's according to this transcript, those are my words at that meeting on January 12, 1983, at 10:40 a.m. BRYAN: That January 3, 1984, that date is incorrect. HOLLAN: All right. I know that the findings of fact by the board included a reference to those comments that I made at that time. That the summary by Miss Beckham included reference to any above-ground sewage treatment facility will be buffered. Now there was specific questioning about the proposed nitrofi- cation fields. We have proposed, we did propose, nitrofication fields for the area upon the hill, and we said in the same way that we say now that the sewage treatment will be built according to state standards, we said that the nitrofication fields, if developed, would be built according to the state standards, which would require the set-aside of 100% additional area for repairs. That's as I tried to describe above. I also, somewhere in here, I believe, and I will quote it if I have to. I hope I say and have said on every occasion I've had an opportunity to is that my primary commitment to you would be to do the best job of development that we knew how to do, that as, this is on page 21, we certainly expect that we may find ways to improve the plan. When we do we want to come back and make those improvements rather than go with something that we know is less than this. They couldn't get some of my comments there, but basically we did not want to go with a second-class plan if we had a better plan. And that has to do with location of parking lots, with location of buildings with preservation of existing features of topography. BRYAN: Excuse me, you did say that. But the sentence above that, you said that during the ~ course of this zoning process we have done the best we could to insure that we had suitable water supply and that we did have areas that were suitable to take care of the nitrofication fields for the septic tanks. HOLLAN: That's correct. BRYAN: I want the record to reflect that during the majority of the testimony of the previous hearing, it was confined to septic tanks. There were two allusions, two references, to above-ground buffer zones, one by Lisa, as he says, but let us know forget that this ordinance was written for the entire county, not just for the lake. In some areas, above-ground might be more suitable. I have no further questions. < HOLLAN: I'd just like the record to reflect what is in the record. DAVENPORT: The record will reflect what's in the record. And you'll have an opportunity to read any statements either way when you feel like it. Do you have any further questions, board members, of Mr. Hollan? MILLS: I'd like to ask him a question. Does the question have to be to Mr. Hollan? DAVENPORT: It sould be to Mr. Hollan. He's the one that is testifying. MILLS: No question. HEDRICK: Or Mr. alser, I assume? DAVENPORT: Mr. Walser is not testifying now. HEDRICK: I thought he made the opening statement. st ite 441 DAVENPORT: Oh, I'm sorry. He made the opening statement. Staff, any questions? MILLS: I have some technical questions. (Not clear) You know, I was here I guess for all of the hearings that you are referencing. And I don't remember package sewer treatment coming up. There's a lot been said. An above-ground waste treat- ment facility is not necessarily a package treatment plant, or package plant, is it? Can't you have a septic tank that is not completely underground? BECKHAM: Hypothetically, (not clear) MILLS: Well, I've seen them at the schools. HEDRICK: They're distribution systems. MILLS: Is it not a septic tank? Is it not a nitrofication field? HEDRICK: I don't know, I'm not an expert. MILLS: As I remember our discussions at the time, and not being an engineer and not being that familiar with what we are now referring to waste treatment facilities, when you said above-ground sewer treatment, my thoughts, when I think back on it, I was thinking of septic tanks. And my question is, Did we ever discuss in these hearings and in this finding of fact waste treatment facilities that dump the effluent in the lake? And is this the time to ask the question? DAVENPORT: It's an appropriate question to ask because the petitioners invited it. They essentially raised the issue whether they should even be here. MILLS: I don't have any problem with Bill making his points, and I think they are well taken, but I don't think that we ought to say that the findings of fact of whatever the date was, that we talked about it, when in my mind we didn't talk about it because of the definitions of what we talked about. To me, we're talking about two different things, we talked about nitrofication fields, which was what we approved, and putting the effluent in the lake. HOLLAN: As a general comment, we have always taken the position that the sewage treatment facilities, whatever they are, are questions that are properly addressed by the State reaulatory agencies who have authority and jurisdiction over them. The county doesn't have any jurisdiction over septic tanks of the size that we talked about here, nor, there's some testimony, I guess by Mr. Campbell to the effect that the commissioners don't enforce this sewage part of the ordinance. We, in showing nitrofication fields, responded to questions by opponents, which we thought. It's almost like this hearing, we didn't think we needed to show the sewage treatment facilities, necessarily, because that was something regulated by the state. But because somebody said you can't do it, we said, of course, we can do it, we will show you how we can do it. As to the nitrofication fields, we said, we are at single-family residential density. Your (not clear) 15,000 s.f. lots, where we've got public water. Our average lot size, if you divide our acreage by the number of units is 18,000 s.f. We are responding to different kind of questions. We get a different objec- tion, it seems to me, we've been at this thing for three years. We get kind of a different objec- tion every time. Certainly we've talked about septic systems, certainly I've told you that we have come to the conclusion that a sewage treatment facility is better than a septic system. That was not my conclusion two years, three years ago, when we started this. I have since, as I told Mr. Bryan, developed a project in which sewage treatment plant is the means of sewage treatment. I have come to the conclusion, based on that experience, that this is a better way to do it. And I think what we ought to be considering (not clear) what is the best thing we can do from the point of desirability and stability of the community as required by the ordinance. We can talk about a lot of things, but we want to put the best project here that we can put, and we believe that to do our best job we ought to go with a seweage treatment, treatment not a septic system, where there really isn't treatment, there's just settling out. That's not treatment, that's something different. We think sewage treatment is a better long-term solution, and that's why we come (not clear) what we're here to share with you, our conclusion to that. HEDRICK: At what time did you come to this conclusion that this would be a better system than the nitrofication? HOLLAN: During the last year and a half, I think we had clearly come to that conclusion by the early part of this year, which is about a year after the approval here. At which time, we met with some members of the county staff and others to discuss our tentative conclusion that this was the most desirable method of proceeding. It was at this same time that the county began to consider sewage treatment ordinance. We have tried to participate in thos discussions during that period of time. It was over probably the last year to eighteen months. It was certainly since the time of this, as we've gotten into the development, and as our own experiences with sewage treatment facili- ties and septic have led us to make certain conclusions about where each kind is most appropriate and most desirable. HEDRICK: The reason I'm asking you is that as I recall at a meeting a regular commissioners meeting, January 1984, That can't be right. The request for a rezoning by a non-owner. CLERK: That's January 1985. bu bl elesest See eBARO ST lls MC He RUE OMEN MMMM arbe ene se ae 442 HEDRICK: As I recall, you were sitting over here about where Ike was in a dark blue suit and Mr. Clark and Mrs. Hansen were sitting back here about where Carroll Weber was, and the discussion and the ultimate motion that I made was as a result of a statement that I recall you saying. I don't have the transcript that it would take to substantiate this, but it is my recollection that you said you would be willing to do whichever, septic or nitrofication, I mean nitrofication or some sort of package facility, if somebody would tell you which they wanted done, and that it was obvious to me that, maybe Mr. Bryan was here too, that some assurance was given that septic or nitrofication field would be agreeable with you, and they said something to the effect that that's fine, and my motion, which subsecuently passed 3 to 2, stated that it is assumed, reading from the minutes of that particular meeting, whatever date that was, "MOTION from Chairman Hedrick to deny the request for rezoning back to R-20, assuming that the developer would proceed as the building permit had been issued, which is septic tanks for sewage disposal." And I don't recall hearing any objection from you at that point, and that's the reason I asked at wiat point had you decided that sanitary waste treatment would be the better system. HOLLAN: I'd like to ask that Miss Beckham and Mr. Deal whether they recall or have any record of when we did come in to discuss our thoughts about sewage treatment facility. Did we not, I'm not certain whether we met with you as a representative of the county as well. At some point, in those early discussions, what we didn't want, we didn't want to surprise anybody and come in and put in an application for a treatment plant. We are trying to keep everything on top of the table and not have any misunderstandings. I don't know when it was. I certainly have some records of when we did get together to discuss these. HEDRICK: Mr. Deal and I had lunch with you and somebody else, I'm not sure which time. I really don't remember the discussion, but I do remember that Wayne and I paid for our meal so there wouldn't be any bribe HOLLAN: Exactly. HEDRICK: Which we always do. HOLLAN: I don't know when it was. The fact is that. HEDRICK: My point is that it appears that there is some sort of a question in my mind that assuming that there was no argument raised on your behalf that evening that our motion was voted on and passed that you didn't say wait a minute, we're thinking something else. That's my only question. HOLLAN: Wel} MILLS: It would seem to me that the issue here is not, is nothing more that whether we are going to change from nitrofication fields to wastewater treatment facilities, because in my mind we approved one thing and now you're asking that we consider changing that and approving something else. And I'm not an attorney, so I don't know. You know, when we follow through on all these hearings and all this special kind of testimony, it doesn't make a whole lot of sense to me when really what the issue is, are we going to make a change? So I would like to proceed to the point where we decide that. DAVENPORT: Let me ask you just a few technical questions just so we can have more information. Are you going to have any pump stations in regard, are you going to pump up to the sewage treatment facility? HOLLAN: Yes. DAVENPORT: How many stations and where are they going to be Icoated? Are you going to have somebody address all this? HOLLAN: Yes. DAVENPORT: O.K. HOLLAN: Is that necessarily a part of the hearing? We haven't designed the whole system. There would be pump stations and they would be designed according to the (not clear) proper sewage treatment in ordinance in whatever is required. DAVENPORT: I would hope you discuss something along that line. It would seem appropriate. Also the timing of the facility. I hope you're going to talk about that. Whichever one you think is appropriate to say. Anything else? Any other questions? Second witness, I guess? Do you have a second witness? WALSER: Yes, sir. Mr. Malone. For the record we would like for him to put his qualifications into the record and let it be know to you all. MALONE: My name is C. D. Malone. I'm a professional engineer. I'm a certified wastewater treatment plant operator, certified water treatment plant operator. I have been in the environmen- 443 tal engineering field for approximately 15 years, the last 10 of which have been in the operations of wastewater treatment plants and water treatment systems. I am presently employed by Hydro Management Services, an environmental engineering company in Winston-Salem that does contract operations for water and wastewater treatment plants. We presently operate 14 plants around, throughout the state of North Carolina. Prior to coming with this company, I worked with the City of Winston-Salem. I ran the city's plant for five years as the largest wastewater treatment plant in the state of North Carolina, and one of the largest ones in the south. Prior to that I worked with a consulting firm out of Nashville, TN. We did primarily indus- trial wastewater treatment. We worked all over the world. The last project I had with them was with the World Health Organization, designing a wastewater treatment plant for (not clear). With that, get back to the issue at hand here. There's, people get together, congregate, one of the things we have to address as engineers is sewage treatment, provide water, provide sewage treatment. The questions comes up. There is several methods of providing sewage treatment. One is to let the wastewater percolate through the ground. It comes through a septic tank. The septic tanks is a square box, if you will, so designed to retain any solid material, paper, rubber, plastic type material and grease going out into the leech field. There is biological activity in these tanks. They, by their name "septic" they are a type of treatment that is anaerobic or occurs in the absence of oxygen. It's an interesting point you made, generally you see septic tanks below the ground, because being anaerobic or septic, they give off offensive odors. This type of treatment you generally see below the ground in the event there are any leaks in the tanks, any escaping gases or odors, generally they are blanketed by the earth around it. That's one type of treatment. It's probably the second oldest type of treatment. The oldest type is just direct discharge into the ground. As we became more, areas became more populated, we looked at other ways to treat in smaller land areas. One of the disadvantages of septic tanks is that it requires large land areas. There is drain fields. One of the things that you generally find with septic tanks is that they will fail. Sooner or later, they do fail. You have got soil capacity being reached, you've got root intrusions. You've got all sorts of things that will cause them to fail. Generally, it has been my experience that septic tanks originally fail because they are not properly maintained by the owner. Generally these things are put in and forgotten about until such point in time that sewage bubbles on top of the ground. My opinion is that the most common reason that they fail is that the tanks are not properly maintained. That is, they are not pumped out frequently enough. Oi] and grease builds up in these tanks, a scum layer builds up that will eventually works it way out into the drain field and float the field. Another type of treatment is a sewage treatment plant. I would like to digress and talk about a package treatment plant. A sewage treatment plant is a combination of units that generally we're talking about biological treatment, some of them are aerated units, some of them are stone media with the water that is sprayed over them. There's any number of sewage treatment plants. What we talk about when we say package treatment plant is nothing but a modular plant that is shop welded and put together and brought to the site as one unit. That same type plant with the same type of equipment and same size units could just as easily be fabricated on the site. A package plant, we generally think of those as 3/16 or 1/4" steel plate and tanks, simply steel tankage. They're manufactured by any number of manufacturers. There's nothing magical about the word package other than it's pre-assembled and brought to the site as a unit that's designea to meet that flow. Generally the state requires when we put in one of these type treatment systems, they make a number of requirements, and they enforce these requirements through the NPDS permit, the National Pollution Discharge Elimination System Permit. This permit regulates the quality and the quantity of water that may be discharged from one of these plants. It also establishes the monitoring frequency, who will do the analyses. It says that a certified laboratory must do the analyses, a certified operator, a qualified operator must operate the plant. It also states the frequency that he must attend to the plant, what tests he must take on a daily basis, a weekly basis, monthly basis. All this is colated and put into a report that is sent monthly to the State regulatory agencies. There is very severe penalties for failure to comply with thesc, not the least of which is fines that can range from $5 to $10 thousand dollars per day, and each day is a separate violation, for failure to comply with the regulations established. The systems have been in existence and in use for, we've got treatment plants in the United States that have been in service for, the City of Winston-Salem's treatment plant. We have package plants and we have large plant that is constructed on site. The City has had a plant for the last four years. The existing plant now has been in service for nearly 30 years. We have package plants in Forsyth County that have been in the ground 25 years. I presently, as I mentioned earlier, our company operates 14 plants across North Carolina. We treat, we have plants that treat up to 4 million gallons a day. We have small systems that treat 10,000 gallons a day. We are presently operating four plants. Four of these, if you will, package treatment plants, that are above the water intake of the City of Winston-Salem. We discharge into the Yadkin River. These four plants are,one of them is as clos? as a mile upstream from the City of Winston-Salem's 444 water intake. I think it stands to reason that if there were any problems with these or anything harmful or any pollutants that would cause any problems, we would not be allowed to discharge wastewater above the water intake of the City of Winston-Salem, or any other town for that matter. One of the questions that came up a little earlier this evening. You talked about spray irrigation of effluent water from these plants. In Florida that's very common. In South Carolina, that's common. I believe that Hilton Head Island, they take the wastewater from that complex and use it to irrigate the golf course. That's, in my opinion, a good viable use for the effluent. However, in North Carolina the restrictions are such that if you spray or irrigate with the effluent from the sewage treatment plant, the area must be fenced so no one can get in the area. It can't be used for pasture; it can't be used for any type of recreation which humans would come in contact. You have got to put a barrier-type fence; you've got to sign in all around talking about what type of, what you're doing. The reason that I'm somewhat familiar with this that we just went through a procedure trying to make application to the State to get this type system at one of the plants that I mentioned earlier that discharges into the City's water supply, and you also have to have an area that you're spraying and a set aside area. There is some problems there as far as when you have rain, freezing weather, run-off. There's all sorts of considerations there. In certain applica- tions I think it's a very viable alternative, but it's my belief that a good, well operated, well designed, well maintained wastewater treatment system will not cause any adverse environmental impact. You have generally, and I don't think I could honestly tell you that a wastewater collection system won't leak. All of them will. There will be, generally, they will leak, but you have an intrusion of water coming in rather than wastewater going out. But a well designed system will not cause you any problems as far as ge3tting raw sewage out into the living areas. This will be taken into the plant, treated, be treated to the level defined by the federal government and the State of North Carolina, chlorinated to kill any organisms, (not clear) organisms in the water prior to discharge, and then discharged. If there is any specific questions, things that I might answer, I will be happy to attempt. HEDRICK: I believe you said you all operate 14? MALONE: Yes, sir. HEDRICK: Do you discharge any of those 14 into an area that would be comparable to Lake Norman? MALONE: I discharge two of them into a lake. It's not as big as Lake Norman. It's actually lakes on a golf course. And on those lakes one of them is the Bermuda Run Country Club. We discharge into about a, I think it's somewhere in the range of a 20+ acre lake. That lake permits fishing, there's all kinds of fish in t'iat lake. HEDRICK: But no water (not clear) . MALONE: It's not big enough for that; it's on the golf course. I am trying to think. None of our facilities discharge into a lake (not clear) . DAVENPORT: Will the system have any mechanical parts or anything that could break down? MALONE: yes, sir. It will have mechancial parts, and any mechanical part is subject to breakdown. We try to address in several ways. First of all, obviously it is encumbent upon the owners to have a good maintenance system and a good operation. We also put in dual units if we require one motor or blower of a certain size, we will put in a separate one in at the same time as a backup in case the system goes out. That's just good, prudent engineering design on these type facilities. | DAVENPORT: Are you going to provide a backup for any mechanical part? Is there situation that you can envision where something other than a mechanical failure could occur and you could have essentially untreated waste being discharged? MALONE: I'm sure there's some. Yes, sir. I think as I understand the project, there is a private well system on the site that will be used for water supply. If you had a power outage, the wells wouldn't be running either (not clear). . . .Generally on A2 water streams you are required dual units and stand-by power and things like that. That's required (not clear)... . But outside some catastrophic situation, I couldn't think of any, I operate out of these 14 plants, we operate for municipalities, we go around and operate these plants for towns. We operate the Town of Sylva, Jackson County, we operate theirs, Johnston County, we onerate their treatment system, Town of Mayodan, Town of Chadbourn, and then we operate some private systems for industries and sanitary districts. All of those in probably 30+ contract years of operation, we have not had any untreated sewage to go into the receiving streams. WALSER: Have you had an opportunity to review the plans for Heronwood and are you familiar (not Clear) « « of MALONE: Somewhat, yes, sir. WALSER: Do you have an opinion (not clear) . . . what the best system for treating the domestic waste water of that subdivision would be? silts 445 MALONE: It would be my opinion that if you put in a collection system and a single sewage treatment facility. HEDRICK: Are you basing that on the projected development or the present? MALONE: Both. I think what a sewage treatment plant, and I'm not trying to digress too much for this, what a sewage treatment does nothing more than take a natural process that occurs out in the lakes and out in the streams and concentrates it into a small area. They accomplish a natural process. HEDRICK: Do you have an opinion as to whether it would be more expensive or less expensive for a waste treatment package facility versus a nitrofication field? MALONE: I have not costed it out, sir. There is a number of factors that would influence that. I think probably initially a package plant just the capital cost may be cheaper than the septic tanks, depending on the topography, if you had to do a lot of, if the houses and the septic tank is up here, if you had to pump through a distribution box, when you consider all the installa- tion to the drainfield and the septic tanks, just the initial cost of the treatment plant may be cheaper (not clear)... .- It may be cheaper initially, but then there is the long term operating cost of the treatment plant. HEDRICK: Are you familiar with the size sewage treatment that would be necessary for this development? MALONE: I have a projection of what it should be, approximately 250 living units. There's all sorts of numbers you can use. I have quite a bit of experience in knowing what residences generate, how much waste water they generate. | generally use 200 gallons per day for these. Some use 250, some 300, 350. I have just recently completed a study of 350 homes with monthly water (not eteer) ... = Tee the past five years. I looked at everything, how many bedrooms, how many toilets (not clear). . (changing to tape #4) WALSER: Why don't we just tender him for cross-examination or questions from you, if you would like. BRYAN: I have no questions. DAVENPORT: We have a few more questions here. What provisions, if any, have been made, timing, when do you intend to build the facility if you had a permit issued? HOLLAN: I think the timing would depend upon the issue of the permit and we would intend to construct as soon as reasonably possible following the issuance of all necessary permits reviewed by the state and whatever other agencies. DAVENPORT: Before you build more units out there? HOLLAN: We don't know what kinds of delays we're facing in this thing. We can go, are you saying we need to decide either, or? DAVENPORT: No, I'm just wondering what your intent is here, are you intending, if you had a permit, if the board were to issue a permit tonight or next week or within the next month, what are you going to have on package plants, what are you going to have on septic tanks? Is it going to be a split? HOLLAN: We intend to get all the multi-family on the package plant. We've got the single family lots that, we have had some discussion and serious consideration of coming back at some point and taking some of the PRD and converting it back to single family lots. This would be at the south end of the project where it's most visible and where our neighbors have expressed most concern about, the proximity to our project, so that some of those might be better served by an individual septic tank. But our intention is to locate a sewage treatment plant to be available to serve all the development. DAVENPORT: Who will own the plant? HOLLAN: It will probably owned by a public utility, that's our current, regulated by a public utility, which will be Mid-South. DAVENPORT: Anybody have any questions at all? Mr. Bryan do you want to make your opening statement and then go ahead and proceed with your case? BRYAN: Could we clear up that point of order before I make my opening statement at this point now? About the plat? It's my belief that that plat does not accurately reflect the original plat, as far as what currently exists on the property. There was a meeting on September 4, 1984, I believe, and at that time two things happened. The board of commissioners, without going through a special use permit hearing or variance hearing, they just did it in regular meeting, they approved the moving of i ii ocean: ii r i ee Ry eg " ’ : KES Ga ‘ “ a See NE cere Semen Le. . os ‘chia MM 5 RAINE ase aa Se ok ica oe ainda as dhe sen ? , eee ee 446 buildings 18' and there was a phase 1 plat, let me see, a phase 1 plat was presented which showed what the commissioners approved at that time, which also included the adding of a road, which joined into one of the roads and also went by two parking lots. So I submit that that plat which you now have before us as the official plat is not accurate. We have phase 1 that was voted on by the previous board and accepted on September 4, 1984. CROSSWHITE: Is that what these two gentlemen were referring to a while ago about the location of the buildings? WALSER: (not clear) . DAVENPORT: I understand from what was said before that you had BRYAN: I'd like for you to see the phase 1 plat that was submitted and approved at that time. DAVENPORT: Are you saying that the plat here is more than is allowed under the administrative ruling? BRYAN: I'm saying that that plat shows accurately what exists today. This is not an accurate plat of what occurred on the Heronwood lot. Do you have phase 1 plat, Mrs. Fortner? CLERK: Yes. BRYAN: Maybe that'll show you what I'm talking about. Pass that down to Mr. Davenport. This is a blow-up of this area right here. As you can see, the board of commissioners at that time without going through due process, which is set forth in the ordinance, approved moving the buildings 18' closer to the water, and also they accepted the plat as is, which includes this road right here, which is not on that plat. IKE SLAUGHTER: (Not clear) . Discussion of the plat. DAVENPORT: This is the administrative modification? MILLS: The whole property at one time was subdivided into single family? WALSER: No. it was never recorded. MILLS: It was not? But that is single family along the cove there. BRYAN: You say that's okay, Mr. Davenport? DAVENPORT: I understand what your point is. I think that the procedure was appropriate. BRYAN: The adding of roads? DAVENPORT: ‘Well, it's up to the board to decide what constitutes a major modification for purposes of having their, under their own ordinance, and if they didn't feel that was a major modification. BRYAN: 0O.K. DAVENPORT: You can ask the board if they think it was 0.k., obviously. BRYAN: Well, I really don't want to appeal it to them, it's just something else that, in my opinion, the addition of a road is a major change. I do not believe you can take a recorded plat and without due process cut additional roads and still have the same thing. I'm not an attorney, but I don't think that's allowable. I don't think it can be administratively. I think when a plat is changed, it's got to be done, especially a PRD, through a special hearing process, which is what we are doing right now. So I suggest to you and to the board that those modifications were not done correctly, moving by the 18' and the cutting of the road, and I also submit to the board that the legal document from which you have been asked to approve the plat is incorrect. And you previously took action on the other one because it was off 15' because the plat is not correct and it just seems to me that we have another example of the same thing here. Be that as it may, that's up to 4 you to decide, not for me to decide. I did want to bring it to your attention. I'l] try to talk a little slower and a little louder, because to keep myself awake as well as much as any of you people. Mr. Chairman, Mr. Davenport, Commissioners: This is pretty much the last hurrah, I'd say. The real issue is not Horonwood, because there are other Heronwoods right behind them. They're coming. The real issue here is Lake Norman. We tend to forget that. We talk so freely about density and population and this has been done and that has to be done, because it has to be done, this is the best way to do it. There's a little fallacious thinking there. The only time things have to be done is when things have to be done. For example, if a hospital has to be located or a school had to be located around Lake Norman, yes, you've got to do something. That serves the public need, that's public welfare. But because someone wants to put high density housing on the lake, that's not public welfare; that's merely letting a developer do something that the land would not ordinari- 447 ly support under what's there. That lake has developed for about 20, I believe it started filling up in ‘61, I can't remember exactly, about ‘62. There's been no major pollution on that lake. There's lots of housing on the lake, and all the houses in all the counties with the exception of, I don't know about Mecklenburg, I don't know if the houses on the lake on that side have to be on a sewer line. But as 1 recall there's been no hearing cry from the sanitarians about failing septic tanks that have overrun in the lake and fish kills and whatever may happen. The lake has stayed clear with septic tanks. Now you've heard testimony that septic tanks fail. Well, so do mechanical waste treatment plants. They have problems, too. Who knows what a mechanical waste treatment plant and who knows who's going to be operating it and who knows who's going to own it 20 years down the road? One of the major reasons that there was no major argument by my side when the PRD ordinance was being written about mechanical waste treatment plants is very simple. We were under the impression that we were trying to get an ordinance written for the entire county, not just for the lake. I can very easily see where there are places in this county where something like this would work well, especially if you are going to discharge it into a stream that is rapidly moving and it's going to tumble over rocks and the silt, and it's going through tree branches, and it's going to cleanse itself with sunlight and distance. I think that happens. I can't remember how many running feet of stream that it takes for water to purify itself, but it's not as far as you think would be. So I could easily see a golf course in North Iredell with a nice little running stream that it would need to discharge into. And it would cleanse itself before going to a standing body of water. You can't forget that Lake Norman is a standing body of water, and it really doesn't sound like much to say you're going to put one swimming pool a day worth of effluent into Lake Norman. I think a swimming pool holds about 50,000 gallons, I don't know. But we're not just talking about Heronwood. We're talking Heronwood, and XYZ and ABC, and all the others that are going to be coming and wanting to do the same thing. | talked to the gentlemen in state environmental management. And I said to him, I said, he said that the people come up to us and they abide by the state rules and regulations, we have to issue them a permit. And I said I understand that. I said, but how do you arrive at issuing them a permit? He says well we just sorta take what's happening in other jakes and try to figure out their effluent and how many gallons and what effect it's going to have. I said, well how do you know what effect it's going to have on Lake Norman? He says, we don't, we just do it theoretically. Have no way of telling. Now these gentlemen have applied for a permit, I thought 140,000 gallons, if it's 100,000 gallons, that's fine. If it's less, it really doesn't matter. The point, try to imagine 5 or 10 years from now when you've got 20 or 30 units down there discharging 100,000 a day. The best thing can happen to Lake Norman is to get nothing put into it. Nothing. That's the best thing that can happen to Lake Norman. And that means that Lake Norman would then develop as it has developed for the past 20 years, and that is with single family dwellings, or maybe duplexes, but serviced by septic tanks, So that the land only supports the number, takes the number of people that the land will support. So that's what really is at issue here. That's the crux of the whole matter is how much do we care about protecting Lake Norman. Now you've heard people say things like, well, the state sets it up, and their law supercedes ours and all that. Well, my information leads me to believe that the states says you may, but it does not say you shell. Local law determines that-- local action. The state doesn't say you've got to allow them to dump into Lake Norman. It says you may allow. There's a big difference in those two words. So don't think what you're doing is going to be against the law if you decide not to allow waste treatment plant to dump their effluent into Lake Norman. Now, another thing bothers me about what's happened here, and what bothers me is that, Good Lord, how many hours have we been here? We need Mr. Springer to figure that out for us. But I have great difficulty, you see, I don't know how good my memory is, and maybe could go back and check the transcripts, but I feel like there's been a breach of faith, I feel there's been a breach of faith. There was 20 or 30 people in this room when these folks first applied for the PRD or whatever it was we were doing at that time. And some of the folks got pretty hot about having sewage, effluent, I should say, put into Lake Norman. There were words passed out there in the hallway, and the commissioners at that time, to my memory, that they would proceed on the basis of nitroficetion fields and septic tanks. And when they said that, most of the people dropped cut who were protes- ting. Most of the people dropped out. Ifyou go back through the minutes and read the minutes that have occurred over this period, read you own minutes, you will see that nitrofication fields, septic tanks, Mr. Hedrick read the motion that was made when Madeline Hansen's petition for rezoning was denied, it was denied on the basis that the developers would use the building permit as issued which was septic tank for sewage disposal. In some of the minutes, Mr. Walser is quoted, I didn't bring those with me, in saying he wants septic tanks. If that's what it will take to approve this, you know, we'll do it. The whole tenor all along has been septic tanks. Now they applied, they got the letter back from Raleigh saying the permit had been received sometime back in March. That was less than a month and a half from when the motion was made, and in my opinion, restricting the building to septic tanks. We had a vote here a month ago in which the vote again denied them the use of mechanical waste treatment plants at Lake Norman. But at that time, because it wasn't done correctly, we're back here tonight. When the road was cut and the buildings were built and the vote went for them, no one objected on their part then about not doing it correctly. We, the public, “ave bean led to believe that 1 is pele Nit OAR Aa Li aaa oie. - lo) hie 448 there is going to be a septic tank. A lot of the opposition to Heronwood has dropped by the wayside when they found out the effluent is not going to be put into the lake. Talk about being fair, an issue of fairness, being consistent, don't just be consistent with one way, be consistent all the way, be consisent with the vote that this board has taken twice already. You've already voted twice and said you gotta go with septic tanks. So be consistent with that vote. I deny Mr. Walser's contention that your authority and your approval is not needed for this. Of course it's needed for this. If it's not needed for this, why did we go through all the rest of it? You have the ultimate authority in determining about issuing building permits, not the state. You can set whatever criteria you need to do it. And if you're encouraged to forget the word "structure," remember the word "open space" and “accessory use," cause that's what the argument was about with Mallard Head. It wasn't about structure; it was about open space and accessory use. A ' septic treatment plant is an accessory use. Another, I guess I really shouldn't wander when I'm trying to make an opening statement, but I was under the impression that the two building permits that had been issued, which they are current- ly working on, were issued with, assuming that they are going to use septic tanks, is that right? BECKHAM: (Not clear) . BRYAN: Now, I believe just a few minutes ago, Mr. Hollan testified that their intention one time was that if this thing is approved they are going to put in a septic tank. HOLLAN: May I respond to that briefly? If I did testify to that, that's not what I meant to say. What I meant to say that all the units eventually be hooked into the sewage treatment facility. What I also meant to say if the timing was such that we could not begin a sewage treat- ment facility, we might go ahead on a temporary basis with the approved septic tanks on individual units. The building permit that is referred to in the minutes of January is a building permit for those ten units, which authorizes septic tanks, and that's what we propose to put into those ten units at this time. We'd like to hook them into the sewage treatment facility. It won't make any sense to keep those ten units on their own septic tanks, but we're looking to hook them up to a sewage treatment plant when it's available. But I did not mean to say that we're not intending those things on septic tanks. I don't think there's any, we've got some of them that are scheduled to close immediately. There's no way we could not put those on septic tanks, as we've now proposed, in order to fulfill our obligations to these people. And I tell you it's very expensive to have to do it one way and then go back and change, but we think that's the best way to do it. That's all I have to say. BRYAN: I guess 15 minutes is enough. I don't have any witnesses. All I have is a record. All I have is wht transpired over these past years, what these gentlemen have told us, what they've testified to, what's in the sworn statements. We did swear to this thing, and I would specifically refer to comments of Mr. Hollan on pages 20, 21, 22, 48, and 49 of the Special Use Hearing that was held on January 3, 1984. I would like to merely, instead of reading all of it, if you folks would like to read it, to again show you what we were told as far as to what would happen if the PRD came into existence. Let me just point out sentences on page 20. It's Mr. Walser "I have one question, " (starting there) and Mr. Hollan's answer for the first paragraph, says "Yes, we do." Page 21, about the middle of the page, a sentence beginning, “But during the course of this zoning process, we have done the best to insure, etc." Page 22, Mr. Hollan's response to a question from Mr. Parker, "But there is sufficient area set side within this plan to more than serve all the units shown on this plat." Then on page 48, the last paragraph, next-to-the last paragraph, beginning, "We have purposely designed the plan to provide enough open space," and it continues on to the next page where he says, "If we get into more detailed engineering which will come as we develop this project, and we find that there is not enough area provided for septic tanks, then of course we will have to do some- thing. We can't get a building permit without an approved septic tank system. On top of that, we don't want a building permit without an approved septic tank system." I submit that all of the testimony and all the meetings up until the last meeting which was ruled incorrectly held, all of the testimony that has been given, has led the opponents of this development to believe that septic tanks are going to be used. And I submit that if they are not used, then there has been a big breakdown in what the record shows and what we are now told. I would like to put into the record this letter from the former chairman of the county board of commissioners, Mr. Joe Troutman, who could not be here tonight because he is out of town. This { letter he wrote that has been sworn to and signed in front of the clerk to the board, Mrs. Alice Fortner. I would like to read it into the record: Ladies and Gentlemen: Because of vacation schedules I am unable to attend the adjourned regular session of the county board of commissioners. I would like to again state for the record the following information. Having been involved from the inception of the Heronwood and going through a lengthy process of mecting after meeting, and finally bringing to a vote the approval of the 449 project which was passed by a 3-2 vote, I feel that the sewage system that was presented for final vote and which did pass 3-2 is the one that should remain in effect. My vote was tempered with the understanding that the sewage system would be pumped away from the lake and that no effluent would be pumped directly into the lake. The water around the development is not fast moving and, therefore, has to be looked at differently than if it were closer to the main channel. My decision had to do a great deal with the credibility of the developers, and I believe the project as it passed should remain intact. This is basically my case. I think that, I personally think Heronwood is in the wrong place. It's in the wrong place. But it's there. That's a fact I've accepted. I'm not trying to run Heronwood out of the county, but I think that the logic, and the reasoning, and the evidence that was presented to the board of commissioners to allow them to come in in the first place should be what they are asked to do now and stick with. You can't keep changing your game plan. They said they would do something; all I want them to do is do it. That was the evidence that was presented to the board on which they voted to allow them on a 3-2 vote. This board has already voted twice to keep them there, so I ask for consistency, too, from this board. Please do not allow the dumping of effluent in the lake, not by them, in my opinion, not by anyone else. DAVENPORT: Any questions by the board? Mr. Walser, do you have questions? WALSER: I have a few questions. Mr. Bryan, I believe you said the real issue was Lake Norman, not Heronwood. Is that correct? BRYAN: I feel that's the ultimate issue. WALSER: Why would you not (not clear) Mallard Head (not clear)? BRYAN: I did at the last meeting. I was not aware at this meeting that Mallard Head was on the agenda. I didn't see a copy of the agenda, and I hadn't signed the objection, and I didn't feel I could speak. But I am in the minutes as being opposed to the development. WALSER: You made a statement that the lake had stayed clean from (not clear) septic tanks, do you have any idea how many treatment plants (not clear) in the Catawba River or Lake Norman at this time? BRYAN: I believe the City of Troutman, its effluent eventually ends up in Lake Norman through a stream. The Duke Power State Park, I believe, has a package plant. Hickory dumps into Lake Hickory, which then goes into Lookout, which then comes on down. WALSER: Is it not true then that the Lake has its (not clear) . BRYAN: If you're not talking about the same thing. You're talking apples to oranges instead of oranges to tangerines. What Hickory does when it goes through Lake Hickory and then goes through the turbines and gets a lot of aeration and then goes into the Catawba River and goes, I believe, for about 15 miles before it runs into Lake Lookout. It's impounded (not clear) for a long time and then its aerated again going through its turbines and then it goes all the way down, oh I guess about ten miles, before it hits, it's a different situation. Lake Norman itself has a current in front of Heronwood of about a mile an hour. It is no longer a river. It is a lake. Hickory, Did I answer your question? WALSER: (Not clear). . BRYAN: I'm aware of one package treatment plant currently dumping into Lake Norman now. I think the Camp Dogwood is another one. Two, I'm aware of two. WALSER: You keep talking about mechanical package plants breakdown. Are you aware that a septic tank system will also have pumps and motors on them? BRYAN: Yes. I didn't say they're the best of all worlds. WALSER: For the record, Mr. Bryan, would you please state your credentials as an expert to testify on the matter of septic discharges and package sewage treatment plants? BRYAN: You mean you're not going to stipulate that I'm an expert witness? WALSER: I don't believe I will, Mr. Bryan. BRYAN: I have no formal training in sanitation engineering. WALSER: I have no further questions. DAVENPORT: Are there any other questions of Mr. Bryan? Than I assume that you have no addi- tional evidence that you wish to submit. Do you want to make a closing? ssi Siti ROI oc SEY Sei SM eae casa lies vs we er 450 What's the procedures? Who makes the closing first? Mr. Bryan? Mr. Bryan, do you want to make a closing? Can we keep yeu to a narrower amount, like 2 to 3 minutes each in your closing? Would that be fine? BRYAN: I will even do better than that. I've said all I've got to say. DAVENPORT: All right. You've just got 2 or 3 minutes. WALSER: Just partly in response and further statement. First of all the issue at (not clear) It's not a two-lane road; it is not built to public road standards as such. I'd like to correct a statement that you said that you had twice before voted for condition to have septic tanks. I don't ’ think that's what the record will reflect. There was no condition at all on our prior approval. You can't keep changing the game plan, was the statement Mr. Bryan made, and I tend to think that in theory that sounds good. And I certainly am not coming to change the game plan, but from day one Mr. Hollan has stood up here and told you that there is no way to plan a project that is going to last over 8 to 10 years and not make some changes. I'll tell you today that there will be some more changes. I don't have any right now hidden under my belt anywhere, but there will be some changes. It's only natural when you develop a process over a long period of time for a project this large, that there will be some changes. We have tried to come before this board with every change that has (not clear)... imaginable. We have not hidden any changes; we're not trying to hide anything. There will be some more. The rules, as I understand the ordinance, require that structures be shown on the map. The ordinance says for purpose of this ordinance, showing things on the map, that a pump station is not a structure. The ordinance says that. We still have come forward and told you about our changes, our plans, our findings. This idea of deluding the property is probably one of the things that has caused this more than any other thing. Testimony was, and I hope you all picked up on it, that for every square foot or square acre of ground that is available for using septic tanks, there must be an equal amount of land cleared of anything with a root system. That means trees, bushes, shrubs--grass is it. The ground cannot be disturbed for any purpose other than just to plant grass on it. And I think when the developers realized that they were talking about, and I think dozens of acres was the words used, of having just to cut trees and bushes, this is not the intent of the whole PRD. The intent is to have a harmonious developed plan that makes everything work better, interacting with itself. Finally, in closing, what I really have been somewhat concerned about are these allusions that Horonwood has been breaching faith, our credibility is being attacked. I think that is a little bit hitting below the belt. If you believe that, truly and honestly, then I feel sorry for you. This is something that hes evolved. This evolved as a result of spending a lot of money on engineers; this has evolved by talking to a lot of people. This is not something that from day 1 when we came in here and planned on building a package plant and said we couldn't get it approved, so we built a septic tank, you'll approve it, then we'll come back in and ask for a change. I think all of you are aware that there was sponsored by this board a sewer package plant tour that we all went on, or most of us went on, to look at these things. This thing has been an evolving process. I certainly, myself, stood up here about four or five months ago and told you to please go ahead with your ordinance if you are going to pass one so that we can meet the require- ments of the ordinance. We'll meet it; just make it a reasonable ordinance. We are not afraid of any ordinance. But please don't believe that anything has been done in bad faith. I think we have come to this board, come to Lisa, come to the planning office with every change, everything that we have found or done or wanted to do, and we intend to do the same in the future. We are going to have to work with this county commission for the next eight or ten years, it looks like, and it would be foolish for us to try to sneak around behind your back or do anything that would at all affect our credibility. Feel free to check on these developers anywhere you want to, with anybody they've done any work with or for in other counties, regions. I encourage you to do that. And I don't think credibility should be an issue. I think the only issue is you're here today, judge and the jury, you are to find findings of fact, not sentiment, not something that was said or done in the past. Your job, your duty, your charge, as commissioners when you took the oath, was that you would uphold and do your duty as a commissioner. Your duty now is to make a decision based on the facts of the ordinance, not on emotions, not on politics, but based on the facts that are before you, and I just ask you to look at what those facts before you are, and make your decision to support them. HEDRICK: Any other facts to come before the board (not clear) (Changing to Tape #5). DAVENPORT: Are we back on tape again? CLERK: Yes, sir. DAVENPORT: It appears that you have two issues before you. The first issue is whether Heron- wood needs to be before you, that is, are they, in fact, proposing a modification of their PRD, of their special use permit. I think you might want to discuss that first. Then secondly, if you find they are, in fact, making a modification, then I would suggest that we address the two standards at least in the ordinance, and then we may have to go, The two standards I'm referring to will be the (1) Whether the development standards (I'm reading from 87.7) in the ordinance, and there are four or five I ticked off to begin with, have been satisfactorily met. And then the (2) second decision is, if they're not satisfactorily met, I think we should identify which ones have not been met. Then secondly, whether the proposed develop- ment or modification devclonment would create a nuisance to nearby residential areas. That would be the sccond decision. Pane 25h ee 451 You may want to do that now or you may want to continue it and let me draw up something, a form more or less, that you can work your way through. If you'd rather do that. Am I giving you clear assistance? HEDRICK: The form you're talking about. What are we talking about there? DAVENPORT: Just a checklist, one you should address first of all whether Heronwood needs, in fact, to modify their PRD ordinance, was issue #1. Issue #2 is assuming they needed to, or if you find they did need to, and secondly, whether the two standards, whether they've met the development standards set out in the ordinance. And I've listed for you four of those, five of those, that I thought that were particularly relevant. Then secondly whether the proposed modification would create a nuisance to nearby residential area. I don't think there's any evidence on the sccond one. HEDRICK: For purpose of clarification to me, when you say whether they need to modify the PRD, if I have heard the presentations correctly, it is not as much a "need to" as a "want to," based on their feelings that it is a better, but defined "need," I guess I'm concerned with, the definition of "need" in this case would be how? DAVENPORT: "Need" being that they're making a substantial modification under the 87.10 of your ordinance, that is they're making a modification to the special use permit, and that it's substan- tial enough to follow (not clear) within that provision, and thereby they're required to do that. I assume (not clear)... . HEDRICK: I was misinterpreting from the other standpoint that they need to modify their request, based on their ability to proceed with the septic tank. DAVENPORT: The practical layman's term, that is, do they even need to be here? Is what they're doing just simply something that is not a (not clear) . STEWART: In a way, I'm misled on the whole thing. To be perfectly blunt, as I understood it, this was a public hearing for a modification to a special use permit. How do these other things get involved, these other points that you raised? DAVENPORT: No. that isn't, the question of whether they can, in fact, modify the special use permit is governed by your own ordinance. And your ordinance says that they can modify it if they can prove to you, and I don't know exactly what the test is, they can provide to you that STEWART: Since we're going to have to make a decision, I'd like to what what those are. DAVENPORT: If they can prove to you two things. I'm just going to (not clear) of the evidence. One, that all the development standards have been satisfactorily met. If they can prove to you that they have met the development standards in the ordinance. The development standards are, one, that the development, as modified, will be capable of creating an environment of sustained desirability and stability. I might also add by additional tests, that it's more so with a package plant that it was before. Two, that WALSER: To interrupt your last statement here, I don't think there‘s anything in your ordinance that says it has to be more so. I just think it has to meet the standards, I don't think we have a burden to prove that it is more so than another one. DAVENPORT: I think I appreciate the technical point, and I'm not so sure that I appreciate the, all right, disregard that statement being "more so." Let me, wait a second, please. 0.K. Disregard that statement, just stick on the first statement which I'm going to repeat for you. All right. That it meet, the first test is whether the evidence presented at the hearing establishes that the development standards have been satisfactorily met. And then, the development standards are all of the standards on pages 58, 59, and 50 of your ordinance. But I'm just going to point out the ones that seem to be relevant. You can use your own judgment as to whether you think others may be relevant. 1. The total development shall be capable of creating an environment of sustained desirability and stability. STEWART: Would you state the numbers of those, please? DAVENPORT: Yes. 87.2(a). (b) I'm going to interpret this a bit. That yard set-back lot sizes, type of drawing in front of you (not clear) use restrictions, as related to the modification are appropriate. What number is that? STEWART: DAVENPORT: That would be (b). (e) That the plans for the sewer system have been reviewed by the appropriate state agency. STEWART: If that were not the case, they wouldn't ‘ave a permit, would tiey? tat oe 452 DAVENPORT: The soction provides that a final approval may be required, but I think it contem- plates that they may not have a final approval, but an application pending approval is appropriate. So I think that you would have te find that an application was pending, and it would seem to be likely (not clear) due process. That would be my interpretation of that; Mr. Walser will probably kill me for that one. Next, that any above-ground sewage treatment facility would be buffered. Let me comment that you have direct testimony saying that it would. I think it preferable that it be added on the plat. I don't see any language on the plat. WALSER: The plat does say that all the requirements (not clear). DAVENPORT: I'm sorry then, that's what I was looking for. 0.K. They're using a blanket { statement. I think you do have some testimony to that as well. And you can put that in your findings of fact on that particular point. Then, let me go with one more statement here, one more test. All right. From 87.11, that, before I get to 87.11, all the relevant tests from 87.2 have been complied with, which, I don't believe there are any, but use your own judgment on that. I'm not going to try to interpret the ordinance for you; I'm just trying to highlight what I saw as pertinent, and you may disagree with that. I don't mean to in any way shape your viewpoint on it. In 87.11, that adequate precautions have been taken to protect the water quality in Lake Norman. So if you find all those things, if you find that all those things have been met, then I would suggest that the development standards have been satisfactorily met. Then you could proceed to the second questions, which would be, Does any part of the develop- ment propose a nuisance to nearby residential area? And if you should find that it does, then I would (not clear) deny the permit on that basis. If you find that you could deny the permit, I'm also going to suggest to you that you can, if by writing conditions, you could essentially ameliorate the objection, providing there is discretion in it. For instance, if you find that the water quality in Lake Norman would be affected detrimen- tally, and by writing conditions into it you could essentially remove that objection in your own mind, then you could issue what would be a conditional provision, that is, approve it subject to conditions. There are number of (I don't want to make this more complicated than it is.) CROSSWHITE: What I would like to suggest is that you slow down a little bit. As late as it is, I'm thinking sort of slow. DAVENPORT: I'm thinking slowly too, and also (not clear) There are a number of areas where you can essentially put conditions. There are conditional areas spelled out in the ordinance, and I'll just refer you to them. They are 87.7, things dealing with the timing of the development and sewage treatment, screening buffer. So I guess that I'm suggesting to you that you think it through in your own mind and decide what, if anything, you feel that the petitioner has not demonstrated to you, that he has proven. If you have a problem with that, I think you should ask another (not clear), Is there something that you're satisfied he can do by way of a condition that you would then feel like he satisfied. And if so, then I would suggest you probably might want to consider bringing it forward as a condition of the SRP (sic) modification. On the other hand, if you find that there's nothing that can be done conditionally, tnen I think it appropriate to find that the project not be granted, and that should be left at the, proceed under the original (not clear). Am I being fairly clear? Is there a particular thing you want me to go back over? So you've got one basic decision, to decide whether you ought to decide, and then after you get by that one, then let's get into the hard (not clear) and decide whether the two standards are met, this is whether the development standards have been satisfied, and, secondly, whether this nuisance has been created to residential area. In deciding the first, if you decide that the development standards have not been met, I think it would be appropriate to identify what standards you are having a problem with. HEDRICK: Are there any other questions that we need to ask in this public hearing before we consider adjourning back to regular session? Is there any need to protect the ability to get back into the public hearing if we later find in the next fow minutes that we need to come back in? WALSER: We'll be willing to waive any objections to a temporary adjournment. Davenpert: Let the record reftect that both parties waive any objections to the form of proceedings with regard to going back into the pubic hearing after it has been closed. 453 HEDRICK: Maybe my question would be better asked in the public hearing. We've got, first of all, you said to consider whether or not they have need to be here or not? And if we decide, in fact, that they do need to be here, and then we go to the development aspect of it? DAVENPORT: Yes. HEDRICK: Earlier in today's talks, Bert and developers, we talked, among other things, with the regard to the ordinance over in the other building in meeting, that maybe a discharge other than into Lake Norman might be a viable possibility. Would that be something that you all might consider and be willing to look into and investigate? WALSER: To answer that question, the answer is "yes." We immediately did between meetings, but I think our expert here spoke to that, saying that in North Carolina, it's not viable. (not clear) HEDRICK: Well, there were certain fencing requirements. So that counts that out. WALSER: You know all the things we talked about before, about being able to do it in the woods, or lagoons, or sprayed on the golf course, or those kind of things, HEDRICK: Well what about running into a drainfield? Would it still have to be (not clear) even if it is treated effluent or could it be just put into a ground area for absorption? MALONE: Yes, sir. The effluent from the septic tanks, it should be, the whole history of effluent going into the drainfields, it would be the same quantity of water than (not clear). (not clear). It would be the same size drain required for all the septic tanks combined. HEDRICK: All right. My other question would be in the form of having all agencies or docu- ments necessary for us to make a decision on approving it, if we did approve it, are we saying the application for the permit from the state department constitutes all the documentation that we would require, in your opinion, or do we need, you know, stamps or signatures that they have inspected the site location as well as they have inspected the discharge location and they have taken data from the flow to see that the amount of effluent that would be discharged on a 250 unit would be adequatel handled by the flow at the point the discharge from the treatment system. Is that something that we need to have in order to consider the request, or do we have enough technical information to consider the request is my question? DAVENPORT: I think the decision as to what constitutes a "plan" for a sewage system being reviewed by an appropriate state agency is a factual question, but I would not have an awful lot of difficulty of recognizing letters, unless there is some reason to believe they are not authentic. For that purpose, but I think that's your fact-finding perogative. HEDRICK: I'm not concerned about the letters not being bonafide, I'm concerned with whether or not any agency would make an on-site inspection, #1, if they did would they take into account the existing conditions and projected conditions before they made their recommendations (not clear) DAVENPORT: Let me make one comment (not clear) | don't think the provision with regard to plans being filed requires that the plans in fact address that. I do, however, think that if you are not satisfied with the quality of Lake Norman being protected, the last standard, I think that's a different matter. That means that you certain- ly attach what conditions you need to feel that it is protected. Or if you don't feel that it can be, that's another matter. WALSER: Just to answer your question, at the last meeting I think that the testimony (not clear) transcript says that (not clear) state men from Raleigh has been out to the land, and there is a page or two of testimony about the location and the discharge, (not clear) Certainly they have been there; they've looked at it many times, both locally and state. BECKHAM: Just for information (not clear) I posed this question to (not clear) office in Mooresville about exactly where the effluent would be dis-charged. He says they would chart where the water moved the swiftest (not clear), the swiftest point, and determined that's where the pipe will end. So they do take into account water movement and try to get it to the most efficient point of movement (not clear) the pipe stops there and is carried on downstream. That's all a part of the permit. (not clear). BRYAN: There's not much difference between 4 mile and a half mile. When you say swiftest that leads people to think that it's really swift. It is slow speed or fast speed. BECKHAM: Speed is more appropriate. HEDRICK: Any other questions? If not, we will consider a motion to close the public hearing, or adjourn it with the possibi- lity that we may re-convene, if necessary. I move we do that. Any discussion on that? VOTING: Ayes - 5; Nays - 0. 454 HEDRICK: We'll reconvene into regular meeting. The question before us proposed by Mr. Davenport who has acted as our moderator this evening, our chairman, is: Is there a need for Heronwood to be here before us this evening? I think we need to address that issue first. I personally think that the need exists. I think that based on the impression, valid or invalid, on the parts of the commissioners, present and previous, that certain things are going to be done, and now changes are going to be done, and now changes are occurring indicates that they do need to have the approval, in my way of thinking, from this board. So having said that I would be interested in hearing any contradictory thoughts to that effect. STEWART: Is that a statement of fact on the part of the board? HEDRICK: No. That's a statement of fact in my way of thinking. STEWART: Will that require a vote? HEDRICK: No. If there is any contradiction or if there were a motion that they need not be here, it would be in order at this time. Hearing none, we will proceed with the findings. I heard no motions. There were no motions nor vote. MILLS: (not clear) objections to your comments. HEDRICK: Right. HEDRICK: We've got to consider the two tests given here, if Mr. Davenport will keep me on tract. That is #1, that all development standards established herein have been satisfactorily met. That's one. DAVENPORT: That's the first test. Do you want to go ahead and address that one first? DAVENPORT: Do you want to go down the standards one by one? HEDRICK: Yes. Let's go over them again. DAVENPORT: First standard is, Does the total development capable of creating an environment of sustained desirability and stability? think you restrict it only to the nature of the modifica- tion, don't look at the whole development, but only the whole development as it might be affected by that modification. so that is, given the nature of what the proposal of the modification proposes, does the development create an environment of sustained desirability and stability? HEDRICK: This total development, clarify that again, you're saying for us you discount the future completely, total development. You think only in terms of, DAVENPORT: It's still the total development, but the total development considering primarily the sewage treatment, that is as it would be affected by this particular (not clear) HEDRICK: As opposed to septic? DAVENPORT: As opposed to septic. I would ignore the contrast. Say with the proposed develop- ment, given the sewage treatment plant, would it be capable of creating an environment of sustained desirability and stability? HEDRICK: Is there any problem with that test? Or that standard? STEWART: Would you state that one more time? DAVENPORT: All right. The issue is, Given that we have a modification before us for a sewage treatment plant and a modification of a PRD, would that, would the total development, given that modification, be capable of creating an environment of sustained desirability and stability? STEWART: And stability? DAVENPORT: And stability. Sustained desirability and stability. Let me comment. This is the broadest of all the standards that you will be looking at, with the exception of the last standard. If you want to pass on that one and come back to it. MILLS: I think that's the one you have to vote on, that one and the second test. (not clear) That one and the one “that no part of the proposed development will be located or operated to create a nuisance." I think that's an issue. I think this is an issue, and frankly I have problems with both systems, both the septic systems and the waste treatment facility. And the problem is that we've already got the PRD approved, and they're not going to back away from it. They've already started building, so we have to pick and choose which one we feel like is most desirable or two undesirable systems for multi-family residences located on the lake. We are not going to have any trouble with any of the other standards, are we? HEDRICK: The rest of them don't appear to be as, I guess, as vague, and left up to individual interpretation as that one. Who knows what sustained desirability and stability is going to be? The 455 only thing constant in life is change, so stability is really difficult to ascertain. Would you agree with that? Sustained desirability, I guess it depends on which side of the issue you're on as to whether or not it's desirable. Who is this addressing now, the commissioners as a body to vote or 44 directed to developers, directed to opponent, or directed to the general public? DAVENPORT: Your interest is public interest. It would have to be public interest. So the interference (not clear) interfering with the public's sustained desirability, sustained desirabili- ty from the viewpoint of the public. STEWART: I think really it's an unrealistic statement in some facets, but at the same time, I resent, you know, having to vote on something of this nature. | resent the fact that I don't have any say-so about those treatment plants that already dump effluents into the lake. I don't feel like it's fair to require us to make a statement on this particular issue when it's already being done, and it will be done in the future, with or without our statement of consent. HEDRICK: We cannot do anything about those that have already been in place, but we do have the ability to act on things that are at our table and those things that will come to our table. STEWART: But I think it's knit-picking. HEDRICK: It may be. But we have that authority and that job and responsibility. We can't turn our back on it because somebody else is already doing it. STEWART: I don't recall going through this for Castaway Shores or for Mallard Head. I mean us having to take a vote on this. HEDRICK: Castaway Shores was single family residences and not a PRD, I believe. STEWART: But nevertheless, the end result is the same--the effluent goes into the lake. HEDRICK: Well, that's true, and I guess you could say in a 50-passenger bus with only 40 people on there, it wouldn't be crowded, but if they all tried to sit in one seat, you'd have a hard time convincing the person on the bottom that it wasn't crowded. And with septic tanks you are going to have 104 acres of people scattered all over this area or either pumping the effluent to the drainfield, away from the lake, as opposed to pumping it into the lake. That's the whole crux of the issue, as I see it, to decide whether we want to rum it away from or into, in large quantities. DAVENPORT: I think your objection is somewhat the form I'm trying to lead you to, and I'm trying to help you through the process. If you don't find that what I'm giving you is helping you through the process, I think STEWART: I think it's a complicated matter, I'll be perfectly honest. DAVENPORT: I think you have to make two essential findings. I said. STEWART: 1 wished we would just get to them. DAVENPORT: I would say your two essential findings are whether they meet the standards refer- red to in that section, all the standards we have (not clear) and secondly that not create a nuisance to nearby residential areas. Two simple findings. I don't think, I'm not proposing in any way and suggesting this, articulating this method of analyzing the problem. I wasn't suggesting in any way that you had to make a finding on each of these. I thought it might help you in terms of clarifying your own position on how to rule as a judge in this particular matter. HEDRICK: What he's saying is that based on our decision we can accept or reject the request, but we should consider it based on these criteria. STEWART: I feel sure of that, and as a responsible elected official, if we haven't accomp1lis- hed that in our minds already, we have neglected our duty. And I don't like being led through it like a five-year-old. HEDRICK: I appreciate your help, personally. Seeing that civil rights are upheld and legal rights are upheld. We were allowed to do that at our last meeting of our own volition and it was pointed out that it was out of the bounds of legality, and we appreciate the developers giving us an opportunity to rectify that at this date, and not being taken before the Superior Court Judge and having more than our wrists slapped. Is there any other comment on the development standards? All right. the next point would be 87.11, construction affecting Lake Norman. Anyone have any thoughts or any concerns about that, we will listen to them. If there's no further questions or comments, I guess a motion would be in order to accept or reject the request. Is there any motion to consider, or anything? STEWART: Due to the fact that I think that iiis development has dragged on long enough, I 456 would like to make a motion that we allow Heronwood to proceed with a waste water treatment plant. HEDRICK: You've head the motion. Is thore any discussion? VOTING: Ayes - 2 (Stewart, Crosswhite); Nays - 3 (Hedrick, Mills, Murdock) WALSER: Who is going to draft the findings of fact? DAVENPORT: I will draft them, but I'm going to need some guidance. Can you perhaps offer that? WALSER: (not clear) Will we be provided a copy of the minutes? DAVENPORT: If it had been approved, I was going on to another question. But I think in this light, it would be appropriate to furnish a written transcript (not clear) to both parties as soon as one is prepared, and one to myself as well. And then when you have that, if you will, within a week or so, try to get me any objections you have to the evidence in the record, and then at that point, I will prepare findings as soon as I receive the written transcript. HEDRICK: Is that satisfactory? They will be forthcoming. Again, thank you, Mr. Davenport. TRANSPORTATION DEVELOPMENT PLAN: Miss Lisa Beckham, county planner, presented the board with an amendment to the County's Transportation Development Plan, which was originally adopted in 1981. An additional $575 is needed for this amendment. MOTION from Chairman Hedrick to approve the expenditure of $575 for this amendment to the Transportation Development Plan. These funds for this expenditure are to come from the Contingency Fund. VOTING: Ayes - 5; Nays - 0. APPOINTMENT TO I-CARE, INC. BOARD: NOMINATION from Chairman Hedrick to appoint Victor Crosby, Route 2, Harmony, NC,. to the captioned board. Term of office: 2 years. MOTION from Chairman Hedrick to close the nominations and appoint Victor Crosby by acclamation. VOTING: Ayes - 5; Nays - 0. KEWAUNEE-SCIENTIFIC EQUIPMENT CO., INC.: MOTION from Commissioner Crosswhite, second from Commissioner Murdock, to approve the final documents for Kewaunee Scientific Equipment, Inc. VOTING: Ayes - 5; Nays - 0. LEGAL CONTRACT - SOCIAL SERVICES ~ IV-D PROGRAM: The board was presented a contract between Iredell County and William H. McMillan, who is to be legal counsel for the IV-D, Child Support, Program. MOTION from Commissioner Stewart to approve the contract for the Child Support Program between Iredell County and William H. McMillan, and to authorize the Chairman and the Clerk to sign on behalf of the county. The effective date of this contract is July 1, 1985 through June 30, 1986. VOTING: Ayes ~ 5; Nays - 0. LIBRARY OLD BOOK SALE Commissioner Crosswhite brought to the attention of the board that the library had quite a number of old books and made a MOTION that the library be allowed to have an old book sale. VOTING: Ayes - 5; Nays - 0. CASTAWAY SHORES DEVELOPMENT: Mr. Carroll Weber, Mid-South Utility Company representative, who is involved in the ownership of the sewage treatment plant for Castaway Shores Development, came before the board to request that Section 5(c) be eliminated from the contract between Iredell County and Castaway Shores, Inc. This paragraph calls for a retention facility adequate to store effluent during a 24-hour following a system failure. MOTION from Commissioner Stewart to delete Section C of Paragraph 5, which requires a retention facility, but that in all other respects the contract would not be modified. VOTING: Ayes - 5; Nays - 0. This portion of the contract reads: Said Package Plant shall be designed so as to provide a retention facility adequate to store effluent which would 4 otherwise be passed from the system during a period of 24 hours following a system failure. Furthermore, the retention 457 facility shall be designed so that any eventual rclease of effluent will be of quality equal or better than that of the treated effluent discharged from said system. ADJOURN: Chairman Hedrick adjourned the meeting at 1:05 a.m. Next meeting: August 5, 1985, 7:30 p.m., County Annex Conference Room, Statesville, NC. sd tS Sy S72 Co C Le Clerk to the Board APPROVED: 12/17/85 IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES AUGUST 5, 1985 The Iredell County Board of Commissioners met in Regular Adjourned Session on Monday evening, August 5, 1985, 7:00 p.m., County Annex Conference Room, Statesville, NC, for the purpose of a workshop regarding the proposed Wastewater Treatment Ordinance. Present for the meeting were: Larry S. Hedrick, Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney Lisa Beckham, County Planner CALL TO ORDER: By Chairman Hedrick PUBLIC HEARING: MALLARD HEAD PLANNED RESIDENTIAL DISTRICT - CHANGE IM SPECIAL USE PERMIT: Chairman Hedrick opened the public hearing on Mallard Head, and by consensus of the board adjourned the hearing until 7:30 p.m., August 6, 1985, Agricultural Center Conference Rooms 1 and 2, Statesville, NC. HERONWOOD - WATER AND SEWER SYSTEM, LIABILITY INSURANCE: A discussion of liability insurance for Heronwood's water and sewer system in reference to their planned residential district project was held by the board and others present. This discussion was in connection with 87.2(1) of the Iredell County Zoning Ordinance. In discussing the section 87.2(1) of the Iredell County Zoning Ordinance, the board interpreted this section to require insurance for waste water treatment facilities only. The board directed the county planner, Miss Lisa Beckham, to pursue an amendment to clarify that Section 87.2(1) refer to waste water treatment plants only. It was the opinion of the board with concurrence from the county attorney, Mr. William P. Pope, that Heronwood Planned Use Development should comply with the presentation Section 87.2(1) of the Zoning Ordinance as it pertains to insurance on waste water treatment plants only. In discussing the modification of the piers and boardwalks (catawalks), the board directed the county planner, Miss Lisa Beckham, to handle the modification of these two items in the planning office, considering these minor modifications and unnnecessary for board action. WORKSHOP SESSION - WASTE WATER TREATMENT ORDINANCE: The board discussed the proposed waste water treatment ordinance with the staff, including members from the Health Department, Mr. Bill Mashburn and Mr. Kelly Sheeks. EXECUTIVE SESSION: MOTION from Commissioner Crosswhite to enter executive session to discuss personnel matters. VOTING: Ayes - 4; Nays - 0. MOTION from Chairman Hedrick to adjourn from executive session. VOTING: Ayes - 4; Nays - 0. ADJOURN: MOTION from Commissioner Murdock to adjourn at 11:15 p.m. Next meeting: August 6, 1985, 7:30 p.m., Agricultural Center Conference Rooms 1 and 2. 9 “ . f : La LEA ee aa-t.C7tl Clerk to the Board APPROVED: November 5, 1985. | a Ey — ee an oe Fe ai 4 i " f at dnd Fe ES ee ODT”. RET SUS 458 IREDELL COUNTY 30ARD OF COMMISSIONERS MINUTES AUGUST 6 1985 The Iredell County Board of Commissioners met in Regular Session on Tuesday evening, August 6, 1985, 7:30 p.m., Agricultural Conter Conference Rooms 1 and 2. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney Lisa Beckham, County Planner Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick INVOCATION: By Chairman Hedrick APPROVAL OF MINUTES: Minutes from meetings of June 3, 4, 12, 13, 17, 18, 19, 24, 27, and July 2 were presented for board approval. The board consented to postpone approval until the following meeting until the members had an opportunity to read them. SPECIAL PROCLAMATIONS HOSIERY WEEK: MOTION from Chairman Hedrick to approve the following resolution: HOSIERY WEEK WHEREAS, the manufacture of hosiery is knitted into the traditions of this region; and WHEREAS, the hosiery industry is important to the economic fiber of this county and region, providing employment to thousands of persons and millions of dollars into the businesses of the area; and WHEREAS, we and other hosiery-producing areas of North Carolina ship some 60 per cent of all hosiery manufactured in the United States; and WHEREAS, hosiery products contribute to and complement the fashion trends throughout the world, also providing for the comfort and well-being of persons of ali ages. NOW, THEREFORE, BE IT RESOLVED THAT THE Iredell County Board of Commissioners officially adopts this resolution proclaiming August 12-17 as Hosiery Week and salutes the Catawba Valley Hosiery Association for its continuing efforts to promote the general welfare of the industry. Signed this _ 6th day of August 1985. IREDELL COUNTY BOARD OF COMMISSIONERS s/ Larry S. Hedrick Chairman VOTING: Ayes - 5; Nays - 0. Mr. Jon Anderson, Thorneburg Hosiery Industries, and Mr. Stimpson, Stimpson Hosiery Mills Company, were present to receive copies of the above resolution. SOCIAL SECURITY WEEK: MOTION from Chairman Hedrick to approve the following resolu- tion: eS PRaR ot oe ee SOCIAL SECURITY WEEK In honor of the 50th Anniversary of the signing of the Social Secuirty Act on August 14, 1935: WHEREAS, Social Security protects millions of workers and their families against the loss of income they would otherwise face in their retirement, or upon the disability or death of a family breadwinner; WHEREAS, more than 125 million people work in covered employment or self- employment and pay taxes; WHEREAS, ninety-four per cent of those reaching 65 are eligible for monthly Social Security benefits; ninety-five per cent of young children and their surviving parents are eligible for benefits should the family breadwinner die; and four out of five workers are insured should they become disabled; WHEREAS, nearly 37 million people are currently receiving monthly cash benefits; WHEREAS, Social Security has proved to be one of the most successful and popular social programs established by our government and has helped several generations of Americans maintain an adequate standard of living; WHEREAS, Social Security has become part of the fabric of American life, growing and changing with the times to meet the needs of all Americans; THEREFORE, the Iredell County Board of Commissioners does announce and proclaim to all citizens, and set seal thereto, that August 12-16 is Social Security Week in Iredell County. All citizens are encouraged to recognize the accomplishments of the 50 years and continuing value of the Social Security program to Iredell County. IREDELL COUNTY BOARD OF COMMISSIONERS s/ Larry S. Hedrick Chairman VOTING: Ayes - 5; Nays - 0. Mr. Barry Thomas from the Social Security Office in Statesville was present to receive a copy of this resolution. PUBLIC HEARINGS: Motion from Chairman Hedrick to adjourn to public hearing. VOTING: Ayes - 5; Nays - 0,. ZIMMER PATIENT CARE: Miss Lisa Beckham, planning director, identified the property on the county zoning map. Miss Beckham said this request involves approximately 8 acre and is presently zoned Residential Agricultural. The requested rezoning is M-1, Light Manufacturing. This property is located on Old Mountain Road at the intersection of I-40, West of Statesville, and falls in the 1000! zoning boundary of the interstate zoning. Zimmer Patient Care would like to have this property rezoned for future expansion of their facilities. This project is unanimously recommended by the planning board. Commissioner Mills inquired about the acreage the company now occupies on their site. Mr. Jackson, Zimmer representative, replied they had approximately 74 to 8 acres. He said it was important to them so that if they should decide to expand, they would be up toward the highway. There are no present plans to expand, he said. No one spoke for or against the rezoning. DUANE LEWIS MINI-WAREHOUSES: Miss Beckham said this request was withdrawn at 7:18 p.m, this evening. SPECIAL USE DISTRICT HEARING: MALLARD HEAD PLANNEDRESIDENTIAL DISTRICT - PERMIT MODIFICATION: Chairman Hedrick announced that the transcript from the Mallard Head Planned Residen- tial District Hearing for Permit Modification was not prepared at this time. He advised that the oaths administered on July llth to the witnesses in the Permit Modification hearing were still in effect at this time. HEDRICK: If you have not made your closing remarks, which I think maybe you did at the last meeting, or not? 459 a ae 460 LEWIS: No, i didn’t. HEDRICK: Okay. At the time we met last, as I recall, there were some discrepancies with regard to our ordinance and your thinking of the ordinance, and I believe you've done some modif ica- tion of your site proposal. If you want to take over at this time and explain what you've done. LEWIS: Okay. Mr. Chairman, the set back was the item which was brought up and discussed and were looking at, what I was interpreting as a 30’ buffer, and the board was looking at a 45' set back. We have since redrawn the set back line to show that we can put the proposed plant and all the equipment that goes with it within the 45 setback. And that is what we are now showing on this portion of the Mallard Head Condominium, which is in a reportable plat fashion. HEDRICK: Okay. Lisa, do you have any problem with the plat as it is being presented now, meeting the requirements of the ordinance? BECKHAM: No, I don't. It meets the development standards of 87.2, and the only question that I have was that the distance of 45' from the structure and the property line. MILLS: I notice one thing there, Duane, it says, “stand-by generator, if required by NRCD." Are we not going to, hasn't that been something that we wanted on these, and I think Carroll is the one that said we ought to require that on everything. Carrol! Weber. (not clear) in many of his discussions, and I think this board has, he has appeared before us so many time, I almost feel like he is a part of our staff. STEWART: Is that included in our ordinance? HEDRICK: Draft 7, you mean? STEWART: Yes, Draft 7. HEDRICK: Lisa, is that in our Draft 7? BECKHAM: Emergency standby on-site power is required in the draft that you looked at last night. HEDRICK: Well, at such time if and when that is adopted, if it's adopted in the near future, then it would grandfather all systems that would be going in, so if NRCD did not require it, at least the county ordinance would require it. MILLS: If we approve this tonight and he goes ahead and builds before we get that ordinance done, we can't go back and say he has to meet the standards of that ordinance, can we? HEDRICK: Well, it depends on how long before we adopt it. If it were completed beforehand, as I understand this, he probably could. But our ordinance, I believe, says that it must be completed before the adoption. Isn't that basically what the ordinance says? POPE: I don't think that's right. I think that if it's commenced before the adoption (not clear) MILLS: If we approve this, and he goes and starts on it tomorrow, then I don't think the ordinance could include him. POPE: Right. HEDRICK: Unless we, MILLS: And I don't think it's any big deal (not clear) I think if it's approved that we ought to approve it under the condition that we have standby generation. Then we don't have to worry about that problem. J HEDRICK: Wayne, do you have any problem on the plat where you have "standby genera- tor, if required by NRCD," to delete "NRCD"? To say “if required," meaning, I assume that would be by county or whomever? (not clear) here in our waste treatment ordinance, we are requesting that be a part of our ordinance, that there be standby generator, or stand by power. Can I have time to consult with my engineer? LEWIS: re ro 4 , a we jaded Rte 6° Ear RE RRO the SBS Ma ag HEDRICK: Certainly. (Conversation inaudible.) HEDRICK: Lisa, when did you say Jerry would have the ordinance back to us? That ordinance? BECKHAM: I think we will need ten to fiftenn days for a legal advertising. HEDRICK: After we get it back? BECKHAM: If we can get it back to us in two weeks, I think you would need a week to re-read it and to have copies available for the public. September, first week in Sentem- ber, is a possibility. If not then, maybe the second week in September. I'l] call him next week to see if he's ready to send it. If so, I think (not clear) the first week in September. LEWIS: Mr. Chairman, Mr. Mills: The cost of stand by power, which we don't antici- pate to be required by NRCD, would drive the project out of the budget that we have allowed for it. Number 2, the second reason why we cannot agree to that would be that we are not operating any lift stations, and what we have down there has at least a 48-hour, with no power, stand by before it goes septic. And if I was to give you a worse case scenario, I think I could get my engineer and the operator of, an operator here that represents 30 plants that are being operated in North Carolina. I think he could come up here and answer your questions why this is really not necessary. HEDRICK: What kind of water system? LEWIS: Well. HEDRICK: So if the power is off, there would be not water? LEWIS: Correct. HEDRICK: No water, no sewage. POPE: 48-hour holding? LEWIS: The 48 hours is a graphical average of what it would take for the plant to start becoming septic, which would be not what we want. HEDRICK: You're not sure whether any NRCD would require that or not? Or are you sure they would not? LEWIS: The consensus of opinion of the operators and the engineers which are here with me tonight tell me that NRCD would not require stand by power. HEDRICK: I notice Mr. Carroll] Williams is listed as a proponent, and Carroll, you were sworn in last time, were you not? WILLIAMS: Yes, sir. HEDRICK: Is that generator generally required only in the case of a lift station situation or why would it not be required in this case? WILLIAMS: I(not clear) lift station, they would require stand by generation because obviously lift stations would tend to overflow before you, a sewer plant operation. This plant being remote, so to speak, from the lake itself makes me think that they probably will not go that far in the requirements. We have been building the limitations, and the load allocation which the basic parameters for design (not clear), we have not been given the final breakdown on it, what they will require in plant design as far as physical feature, but it's just past experience that I really don't expect, I can't speak for them, it would be unusual. If there were a lift station, I would say I'd say definitely we'd be expecting to (not clear) MILLS: Did you hear Mr. Weber say that we ought to have stand by generation on all these things? WILLIAMS: Yes, sir. MILLS: Did you disagree with him then, too? WILLIAMS: No, I don't disagree. I'm fully in favor if you're going to hold for that detention tank, the stand by generation is a perfect solution for a detention tank. But all I'm saying, 461 462 iF it Disa Sa as TBA ie A Si OSA MILLS: You're not going to have a detention tank in this one? WILLIAMS: Right. MILLS: You're not going to have stand by generation? All you got is the package treatment plant and the sewage that flows into that is (not clear)and if it goes un- treated, then it goes through these (not clear) and goes into the lake. Is that right? WILLIAMS: Basically that's true. Yes. MILLS: So the only way that we would have to insure that the package treatment plant is working properly would be if it were for lack of power, to have stand by generation. And I think that was what Mr. Weber was getting at. And I keep hearing conflicting statements back and forth, you don't want the detention tank because of the cost of putting it in. Is that right? And the fact that you all don't think that it's worth that much. And now you're saying, WILLIAMS: There's a lot of objections to a detention tank, and really it was not intended that it would keep the plant running if you had a power failure. All it was going to do was to (not clear) what was there (not clear) run through. But it had no effect on whether the plant was running or not. You know. The obvious solution for that was the stand by generation. The only reason I'm saying is we don't need it, you all don't have an ordinance, and I don't believe the State is going to require it. HEDRICK: I think if you had a water system that was continually running while there was a power outage, then obviously you would be able to generate waste into a sanitary treatment facility, but if you're operating on a well that's operated by a pump operated by electricity, if the power is off, there'll be nothing except what's in the system lying there dormant waiting on more waste to come into it to be treated. WILLIAMS: That's true. We will be operating off a one-well system, and you've seen on the plat the well is only 130-140 feet away, and you can easily put a switching device in there to shut down that well. You know, if it's not knocked out by lightening or whatever doesn't happen to knock them both out. HEDRICK: How much water storage do you anticipate having, Duane? Do you have any idea? LEWIS: This plant is designed to handle 20,000 gallons per day. HEDRICK: I'm speaking more in terms of water, fresh water storage, if the water supply were to be, if the well were to be inoperable because of power failure. Do you have 1,900? No, I'm talking about a storage tank, an above-ground storage tank. LEWIS: There's a gravity flow low ground storage tank there, but it'll have to be pumped uphill to the units, therefore the only thing that will come down the line is whatever is in the bowls at the time. (not clear) Even if we had a 5 or even 10 thousand gallon storage tank, it would not get anything in it, down elevation. HEDRICK: Being new, as I am, in this, I sometimes don't understand things, and it appears this is one of them in that it looks to me like the NRCD requirements would be absolutely known before the presentation is made to the board. Is that not normal? Do we, try us, and then go on to NRCD and see what they're going to require? I mean, BECKHAM: What stage are your plans in at the State? LEWIS: We're waiting on the requirement of health services to come out of Black Mountain, to take a look at the stream into which we discharge, because that stream is considered Class 2 -A water. It's a very important water source. They already know it, it's just one of those things that have to be done. You have to have them come down and look at it. They've already looked at it in Mooresville; they've looked at it and sent reports back to Raleigh, but now it has to go back and come down through Black Mountain. HEDRICK: How long do you anticipate before they give a yea or nay, green light for you or red light? NRCD? LEWIS: My last phone conversation was a week. They gave me three weeks and then they came down, and I told them we were in a hurry, and he said he would try to get down this week. HEDRICK: So once he LEWIS: But you're confusing things in that, you see there are so many ways you can design a waste treatment plant, and you're entering into a territory in which you have to know all those ways a treatment plant could be designed. And I can't tell you, Carroll Williams could probably maybe lay it out, you know, the state would approve. I'm answer- ing the question why you're not aware of what's going in there before you're asked to 463 approve it. That goes back to the basic question to what we're putting in here, which is nothing more than adding a waste treatment plant to the PRD. You know exactly what waste treatment plant we're adding is another set of entirely different questions. Am 1 right, Carroll? This question of stand by generation is coupled with that holding tank, and I think that's something we've all found to be not desirable. HEDRICK: I think our mind is still remembering those words, and I think all the board puts a great deal of trust in Carroll Weber, you know, his discussing and commenting and advising on the matters we've had before us relative to waste treatment, and Mr. Mills said, we hear ringing still in our heads, you know, above all, he would take, first of all, stand by generation as a requirement for any type of mechanical treatment. And I think that, at least that's a problem with me. If it's not going to be put in there, and he is saying that it’s not going to be put in there above all else. That's why I'm having a conflict inside my own mind. MURDOCK: I have a question I'd like to ask of Mr. Williams concerning just what you're talking about. If you have this stand by generator, the water goes off, the treatment plant goes bad, what good would it be? Or would it be some good? I'm not mechanically minded, and I'd like to know. WILLIAMS: I didn't hear the last part of it? MURDOCK: What good would it be if your water goes off, and of course your treatment plant is going off, what benefit is your generator going to be? Now I can see if your treatment plant goes off and the water stays on, and I can see the benefit of it. WILLIAMS: Normally, the water goes off, and in Mr. Lewis' case where he's going to use pressure storage tanks, as he pointed out, without the power source, you know, to provide the pressure in the tank, the water is not going to flow much longer. There might be a few gallons because of the pressure cycle, but basically it's going to quit real soon. So to answser your question if you had stand by generation on the sewer plant and didn't have it on the well, then the sewer plant would get back to operating. But you wouldn't have any water or anything coming down the line. So basically you'd be turning what you (not clear) HEDRICK: The well being only a 100 and some feet away, I'd think it would be common sense to wire that emergency generator to both the well pump and the treatment, if it were required and available. I certainly would look at that. I'm thinking of a generator would supply more voltage than required by just the WILLIAMS: I think you're right. If we got pushed into a generator, I think that would be a wise thing to do. HEDRICK: I'm still a little bit at a loss. Duane, if NRCD is going to require that stand by generator, then you are saying the project is as proposed here is going to have to be scrubbed and LEWIS: That's correct. CROSSWHITE: Let me ask Mr. Williams a question. Would it be feasible to put a cut- off switch to the water that would cut it off in case the waste treatment plant were cut of f? WILLIAMS: Yes, ma'am. On another project about a year I was real pleased, because it was a lift station, and the State is very adamant about having stand by generation on lift station, as I mentioned earlier. It just so happened that we showed that we could control the well supply, the water supply, by putting an electrically operated valve, if you please. (not clear) But basically when the electricity goes off this valve shuts close and stops the flow of water. And they let us get by on this. I was pleased. But since the generator costs, you know, something like $10 or $12 thousand, it makes a difference. CROSSWHITE: Thank you. HEDRICK: If the generator is required, then that's going to scrub it, I can't understand why it even appears on the plat. Any other questions? LEWIS: Is that a question? HEDRICK I was asking the board if they have any more questions, I assume that it would now be an appropriate time for your closing remarks, if you choose to make any, Duane. LEWIS: Well, most of my closing remarks are just, revolve around one basic factor, 464 iba is cont MN A ae and that is we are tying to provide tne best system available. And all of the other things which are coming to play in trying to provide this best system, I think have been beneficial to the board as well asmyself in that we have brought out a lot of things that we certainly couldn't have planned to discuss if we had been writing a brand new set of ordinances from day 1. We've been to different plants that are in operation now and doing an adequate job, better than adequate, I might add. Because we feel that these waste treatment plants are in control of what goes into the environment, whereas septic tanks are a built-in time bomb that are eventually going to fail. We have heard testimony to that fact. And when they fail there is no operator around to correct the problem immediately, I mean within two to three hours. The waste continues to bubble into the environment, and in some cases it is not even found out for years. It goes through cracks and crevices; it can get into the ground water supply. In many parts of the country there is a serious problem with ground water supply because septic tanks were used. All the questions of stand by power, (not clear) tanks, low measuring devices, they are very technical, very encumbering questions. Everything that we plan to do with this proposed plant is going to meet the requirements, whatever those requirements are. If we can't meet the requirements, we'll go back to the septic tank system and use it until we can afford to do something else. But my closing statement is that this is the best system we could put in there, and I hope you can see your way clear to approve it. MURDOCK: I have one more question, Mr. Chairman. Mr. Williams, you mentioned the valve a little bit ago. Would it be very expensive to put one of those valves in the water system as you did in the other place? WILLILAMS: No, ma'am. No. You're talking about, it's relatively inexpensive com- pared to (not clear). Maybe $150 (not clear) It sure beats a generator. Mr. Chairman, if I may, you raised a question why was the generator shown on the plat. If I may just take one second. When Mr. Lewis asked me to show these things or show the, on the plat, so we could (not clear), I specifically asked him about some of the other original equip- ment that we may have to supply, and I talked to the guy in Raleigh, the design review people, and they said at this time they can't tell me whether they are going to require a sludge holding facility. You would think it would be a uniform application when they look at this one and when they look at that one, but it's not true. They look at each one. So at this time, this is about two or three days ago, so I asked Mr. Lewis, and he said we had better show everything. So that's why you've got almost everything I could think of (not clear) on that map, and we may or may not use it, subject to as the flow measuring device HEDRICK: Thank you, Mr. Williams. Anyone else to speak in favor of the issue? STEWART: Mr. Chairman, I was going to say the best I can remember from the facili- ties that we toured when we were in Orange County, all of those were not installed in exactly the same manner and did not have all of these same things you have here. Each one of these facilities was designed specifically for whatever the need was for that particu- lar area. And I would imagine this is similar when NRCD gives you your permit, different requirements are named for different facilities. Is that correct? WILLIAM: That's correct, yes. HEDRICK: Tony, did you want to comment? TONY (not clear): With Bio-Chem Laboratories. This may or may not help. I would say in a half a dozen surrounding counties, there is something like fifty treatment plants other than municipal systems which may be treating millions of gallons a day for maybe a highly industrialized type plant that still may be treating 150 to maybe a quarter of a million gallons of waste per day. You will see at those type plants emergency generators. Normal system, which is gravity flow, the water comes in; it goes out, technically. There is a period of time there if your power was completely off, as a matter of fact, the effluent from that plant would improve for a period, I would say, of twelve to eighteen hours, simply because you are not necessarily pumping in or pumping out. You have created an environment there, you have been growing bacteria for several months or whatever. That bacteria is still alive. It's still treating the waste, it's not treating it 99.9% But the point is you reach a period of time when the plant will begin to not function, but that period of time is generally after 48 hours. It is very uncommon, and I'm sure this is why NRCD does nov require in a small application because of the expense just simply overrides the necessity. There is that period of time, like I said, when the plant, when there's no, when you have nothing running at all, the bacteria is still breeding there, growing and eating up the waste that's coming in, and treating it. What I'm saying is also that you have one big portion of a plant like this, you have all your bacteria that is growing and being all stirred up. In other areas you have that bacteria going into a quiet zone which settles out. You don't leave that bacteria there, just settled out in the tank, (not clear) turning back. Actually when you are returning it, you are producing a worse effluent than while you are, the plant is actually down. But you can't continue to leave it down because it will at some point in time become septic with no oxygen there 465 for the bacteria to live on. But generally, and I'll say generally, I say in every case, for the first (not clear) the type of waste leaving the treatment plant like this would actually be better, because the water would be clearer; the waste would be settling down. You simply start getting the oxygen going again when the power comes back on. I've had plants go out, you know a guy from a community called me, and the plant had been down for a week, something like that, we've had that back in compliance within a few days. I mean, one case up in the mountains, a guy that actually (not clear) the operator committed suicide for some reason, maybe HEDRICK: Probably had to go before a board like this one. TONY: It was several days before they could get anybody to come in and inspect the plant. Those things can be, even in the worst situations, and I feel like we were one of the original operators at that time that operates plants properly in any of the worse situations, you can turn that plant around and you can have practically drinking water (not clear) in a very short period of time, and you're not talking about, even those worst cases an impact on the environment. So I wouldn't really burden myself, really put a lot of emphasis on, stand by generation or even holding tanks. There is just (not clear) strange situation such as I mentioned to you, municipal plant, lift station, and this type thing. I thought I would point that out. As a matter of fact (not clear) HEDRICK: All right. Thank you, Tony. Are there any opponents to the public hearing issue? There is none registered at this time. Again, are there any opponents to the Mallard Head Condominium Project as presented? Hearing none, I assume there are none. Do any of the board members have any further questions? We all might take note of Tony's statements, which I think were well placed and well taken that maybe in our ordinance which we are proposing we might look very strong at that, what we're requiring in that ordinance, that we might look at not requiring in every application because maybe somewhere it wouldn't be a need. If there are no other questions, I assume that completes the public hearing that is listed. Do you have any more infomration, Lisa? At this time I move we adjourn back to regular session. Any discussion? If not, all those in favor say "Aye." Ayes - 5; Nays - 0. REGULAR SESSION RESUMED. ZIMMER PATIENT CARE: MOTION from Commissioner Mills to approve the rezoning of the property belonging to Zimmer Patient Care Systems from Residential Agricultural to M-1, Light Manufacturing. The property is located on S. R. 1005, Old Mountain Road, near the intersection of Interstate 40, more specifically designated as Iredell County Tax Map 8M, Block A, Portion of Lot 76B. VOTING: Ayes - 5; Nays - 0. MALLARD HEAD PLANNED RESIDENTIAL DISTRICT - PERMIT MODIFICATION: MOTION FROM Commissioner Stewart to approve the request for a modification to the Planned Residential Development Permit for Mallard Head, to allow Mr. Lewis to proceed with a package treat- ment plant as shown on Exhibit 4. AMENDMENT from Commissioner Stewart to have the package treatment plant include a solinoid operated safety valve as part of the design, as condition of this approval. VOTING: Ayes - 3 (Stewart, Murdock, Crosswhite) Nays - 2 (Hedrick, Mills) Apu PttIate Clerk to the Board STATESVILLE~IREDELL COUNTY CIVIC CENTER AUTHORITY - REPORT: Mr. Peter Meletis, chairman of the Civic Center Authority, Mr. Ronald Hawkins, member celal oh ME 595 SUR SAIC MMI a els 466 of the Authority, and Mayor David Pressly were present to discuss the renort to the county board of commissioners Mr. Meletis addressed the board regarding this project. He said the funding and financing of the center would entail a general obligation bond. The Authority is also considering a hotel/motel tax to assist in the financing. Mr. Meletis said he believed his committee is a fact-finding committee and should be neutral rather than promoting the project. He said the committee would like to see the voters of Iredell County have the opportunity to give their opinion on whether or not the civic center becomes a reality. Mr. Deal, county manager, discussed the schedule of events in connection with holding a bond referendum. The board discussed the previous motion made by the board at a meeting on May 21, 1985, in which a petition containing at least 10% of the registered voters be required prior to the board's calling for a referendum (10% of the registered voters being approxi- mately 4,200 names). Chairman Hedrick amended this motion to require specifics to be placed at the head of the petition which are: (1) Site location; (2) Amount of money involved in the total project. Both the motion and amendment passed with a majority vote on May 21, 1985. MOTION from Commissioner Mills to rescind the motion made on May 21, 1985 requiring the petition of at least 10% of the registered voters. After further discussion, Commis- sioner Mills called for the question. VOTING ON CALLING FOR THE QUESTION: Ayes - 3 (Mills, Murdock, Hedrick); Nays - 2 (Crosswhite, Stewart). VOTING ON MILLS MOTION: Ayes ~ 3 (Mills,Murdock, Hedrick); Nays - 2 (Crosswhite, Stewart). MOTION from Commissioner Crosswhite that the board of county commissioners conduct three public hearings in the county, one in the northern end of the county, one in the southern end of the county, and one in Statesville, to allow the public to express their view regarding the civic center project and the proposed bond referendum. In discussion of the motion, Chairman Hedrick said he would like to have members of the Civic Center Authority present at these three meetings to answer questions from the public. VOTING: Ayes - 5; Nays - 0. The following dates were agreed upon by the board: September 3, 1985, 7:30 p.m. Agricultural Center Conference Rooms 1 & 2,Statesville, NC September 17, 1985, 7:30 p.m. Mooresville Town Hall, 413 N. Main St. Mooresville, NC October 1, 1985, 7:30 p.m. Union Grove Volunteer Fire Department Union Grove, NC PORNOGRAPHIC MATERIALS CONTROL: Mr. Jason Bost came before the board to ask the _ board to cal! for a ban on pornographic materials in Iredell County. Mr. Bill Pope, county attorney, elaborated on the laws concerning pornographic materials and the question of what is considered pornography. Chairman Hedrick suggested the board adopt a resolution asking that the sheriff's department and other law enforcement agencies of this county to work diligently to enforce the state laws already in place in North Carolina in reference to pornographic materials. After further discussion by the board, it was the consensus to have an ordinance prepared and presented to the board by September 3, 1985. PROPOSED CONRAIL SALE TO NORFOLK SOUTHERN RAILWAY CORPORATION: ‘ Mr. J. N. Waters, District Sales Manager for Norfolk Southern Corporation, came before the board in reference to the sale of Conrail system to Norfolk Southern. Conrail has been offered for sale, and Norfolk Southern Corporation has offered $1.2 billion for the government-owned transportation system along with other agreements to complete the sale. According to Mr. Waters, since the time of his corporation's offer, another offer has been made by a group of speculators. Because of this offer, Norfolk Southern is seeking the support of local government officials to get two bills passed in Congress. These bills are H.R. 1449 and S-638. Mr. Waters asked the board of county commissioners to adopt a resolution of support of these two bills and send them to Iredell) County's sena- AES ‘ MARIE RR es iii 8 - ; a a 46/ tors and congressman. MOTION from Commissioner Murdock to adopt the following resolution: WHEREAS, Conrail, the government-owned freight railroad in the Northeast and Midwest, is being transferred to the private sector as mandated by law, and WHEREAS, Secretary of Transportation Elizabeth H. Dole has recommended that Conrail be sold to Norfolk Southern Corporation, and WHEREAS, State and Local Governments in the Conrail area will begin receiving $32 million annually in tax revenues when such sale is consummated, and WHEREAS, more than 60 newspapers jn 22 states and the District of Columbia have published editorials in support of Secretary Dole's recommendation that Norfolk Southern purchase Conrail, and WHEREAS, payment of $1.2 billion in cash for the governments 85 per cent share of Conrail will help reduce the Federal deficit, and WHEREAS, terms of the sale require Norfolk Southern to adhere to cove- nants in the public interest for five years to guarantee that current Conrail service will continue and that Conrail's plant will be maintained and im- proved, and WHEREAS, sale to Norfolk Southern will mean that the government, once and for all time, wil] no longer subsidize Conrail's operations. THEREFORE, BE IT RESOLVED, that this body does support Secretary Dole's proposal to sell Conrail to Norfolk Southern, and urges Congress to act without unnecessary delay to accomplish this end. This the 6th day of August, 1985. IREDELL COUNTY BOARD OF COMMISSIONERS ome s/ Larry S. Hedrick Chairman VOTING: Ayes - 5; Nays - 0. At the board's direction, copies of the above-stated resolution will be mailed to Senators Helms and East and Congressman McMi} lan. GREENBRIER ROAD PAVING PROGRAM: Mr. Willie Williams and other residents of the Greenbrier Road section that exists from Salisbury Road were present to request the board to encourage the Secondary Road Department of the State to continue with their paving program of this section of Greenbrier Road rather than changing it as the State has proposed. After a discussion the board directed the county manager to meet with Mr. 1’ Brooks, Division representative for the Secondary Road Department, and discuss with him the proposed paving project. LAND RECORDS MANAGEMENT PROGRAM: A grant in the amount of $7,440.88 as a match for a total expenditure of $14,881.75 is being requested from Land Records Management Grant Program,N. C. Department of Administration, Raleigh. These funds will be used for purcha- sing computer equipment for automation of the county's land records. MOTION from Commissioner Mills to adopt the following resolution: 1985, the Iredell County Board of BE IT RESOLVED, That on the 6th day of August, der the North Carolina State Land Commissioners voted to apply for matching funds un Records Management Program, NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE Commissioners of Iredell County, that: 1. The grant request will be in the amount of $7,440.88; They share a willingness to participate in the State Land Records Program; 3. They have the necessary funds in the General Fund for 1985-86 to match the grant funds requested; 4, The will assign said funds to the project; 5. Upon accepting grant funds made available, all applicable laws will be complied with. VOTING: Ayes - 5; Nays - 0. 468 DAVID M. GRIFFITH & ASSOCIATES, CONTRACT FOR PROFESSIONAL ACCOUNTING SERVICES: The fourth annual contract with David M. Griffith & Associates was presented to the board for approval. This contract is in the amount of $7,500 and is for a cost allocation plan for federal and state programs. The fee is to be paid from revenues returned to the county. MOTION from Commissioner Mills to approve this contract for 1985-86 fiscal year in the amount of $7,500, authorizing the chairman to sign in behalf of the county. VOTING: Ayes - 5; Nays - 0. COMPUTER BIDS: The finance office advertised for bids for a Tape Drive and a Disc Drive for the data processing department. One bid was received: Hewlett-Packard Company $18,450.00, installed tape drive Hewlett-Packard Company $21,074.00, installed disc drive A bid deposit in the amount of $1,976.20 was received with the bid. All legal require- ments have been met. MOTION from Commissioner Mills to approve the bids: $18,450.00, installed tape drive, and $21,074.00, installed disc drive. VOTING: Ayes - 5; Nays - 0. INDUSTRIAL REVENUE BONDS - CAIRN STUDIOS, LTD., BOND COUNSEL: Mr.William P. Pope, County Attorney and counsel for the Industrial Bonds Authority, recommended to the board that the firm of Helms,Mulliss and Johnston, Charlotte, NC, be retained as bond counsel for the Cairn Studios, Ltd., bond project. MOTION from Commissioner Murdock, second from Chairman Hedrick, to adopt the follow- ing: Be it resolved by the Iredell County Board of Commissioners that the law firm of Helms, Mulliss & Johnston be and hereby is approved as bond counsel in connection with the financing of an industrial and manufacturing project for Cairn Studios, Ltd. by the Iredell County Industrial Facilities and Pollution Control Financing Authority. VOTING: Ayes - 5; Nays - 0. THIRD CREEK WATERSHED BUDGET ALLOCATION, 1985-86: In discussing the captioned budget allocation, there was a $10,500 request from the Iredell] Soil and Water Conservation Agency which was overlooked during budget time. These funds are needed by this agency, and it was called to Commissioner Stewart's attention by one of the soil and water conser- vation board members. MOTION from Commissioner Stewart to increase from $4,300 to $10,500 the budget allo- cation for the Third Creek Watershed. These funds are to come from Contingency Fund. VOTING: Ayes - 5; Nays - 0. CAPITAL OUTLAY REQUESTS FOR PROPOSED SCHOOL BOND REFERENDUM: The county manager informed the board that copies of the three school systems' capital projects lists had been received in the county manager's office. ANIMAL CONTROL ORDINANCE - PROPOSED AMENDMENT FOR LEASE LAW: A discussion took place regarding the proposed amendment for a lease law under the present animal control ordinance. County Attorney Bill Pope said he thought it should be done on a township basis rather than a county-wide amendment. AIR POLLLUTION CONTROL ORDINANCE: Reference was made to Mrs. Margaret Dickey's request for an air pollution control ordinance. The fire marshal was directed to look into an ordinance for air pollution control to see how it ties in with the fire preven- tion code. RESOLUTION AGAINST THE ACTIVITIES OF KU KLUX KLAN: Commissioner Alice Stewart repor- ted to the board that she had recently attended a meeting at Broad Street United Methodist Church which involved local officials who were expressing their concern over the activi- ties of the KKK in Iredell County. A resolution of Conscience and Concern was adopted by the group, and Commissioner Stewart asked the board to adopt this resolution also, in support of the community effort to take positive steps against the activities of the KKK. MOTION from Commissioner Stewart to adopt the following resolution: OME Sis RR OTE EE AI ks : ae 469 A RESOLUTION OF CONSCIENCE AND CONCERN * Whereas, North Carolina and the nation have seen an increase in KKK activity in recent months, and WHEREAS, the KKK promotes violence and intimidation against innocent persons, and WHEREAS, the KKK leadership has approached school boards endeavoring to promote their prejudicial ideas, and WHEREAS, the KKK holds public rallies where racist propaganda is displayed for dissemination, firearms are worn openly for the purpose of intimidation, and crosses are burned on public and private property, and WHEREAS, the actions of KKK have distored the moral and religious values of our nation and have had an adverse effect on promoting industry and economic growth, and WHEREAS, the KKK principles and intimidating activities represent the views and beliefs of only some of our residents and do not represent the positive, open, accepting view of the vast majority of Iredell County residents, now therefore BE IT RESOLVED that we, the undersigned, respect the value, worth, dignity, and rights of all persons; that we oppose unequivocally the dehumanizing principles and intimidating tactics of the KKK, and BE IT RESOLVED that we support and encourage every agency, with whom there is power, to limit legally, control lawfully, and monitor openly all events of the KKK in our county in an effort to protect all citziens from intimidation and threat, and BE IT RESOLVED that we urge all Iredell County citizens who do not and will not condone violence or threats against any of our people to oppose publicly and openly the principles and activities of the KKK by writing letters to the newspapers, speaking to public officials, and influencing members of relgious, business, and civic groups to do all that is possible to curb KKK activities in our county and to remove the Klan image from our community, and BE IT FURTHER RESOLVED that the endorsors of this resolution encourage persons, organizations, groups, or agencies in other North Carolina counties also to go on record and state publicly that the values, philosophy, activities of the KKK are not consistent with the beliefs and values of their communities. ae IREDELL COUNTY BOARD OF COMMISSIONERS VOTING: Ayes - 5; Nays - 0. EXECUTIVE SESSION: MOTION from Commissioner Murdock to enter executive session for the purpose of discussing personnel matters. VOTING: Ayes - 5; Nays - 0,. MOTION from Commissioner Murdock to adjourn from executive session. VOTING: Ayes - 5; Nays - 0,. ADJOURN: MOTION from Chairman Hedrick to adjourn the meeting. Next meeting: August 20, 1985, 7:30 p.m., Agricultural Center Conference Rooms 1 and 2, Statesville, NC. ‘ EL ck ~ Ly t Zn titted Clerk to the Board APPROVED: ‘7 )z-~/ 470 IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES AUGUST 20, 1985 The Iredell County Board of Commissioners met in Adjourned Regular Session on Tuesday evening, August 20, 1985, 7:30 p.m., Agricultural Center Conference Rooms 1 and 2, Statesville, NC. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney Joe Ketchie, Tax Collector F. William Furches, Jr., Finance Officer Lois Troutman, Tax Supervisor Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick INVOCATION: By Chairman Hedrick TAX COLLECTOR - ANNUAL SETTLEMENT, JUNE AND JULY 1985 COLLECTION REPORTS, AND ORDER OF COLLECTION: Mr. Joe Ketchie, tax collector, presented a computer print-out of the Annual Settlement for 1984 taxes and the June 1985 and July 1985 tax collection reports. MOTION from Commimssioner Mills to accept these reports as information. VOTING: Ayes - 5; Nays - QO. MOTION FROM Commissioner Murdock to adopt the following resolution: TO THE TAX COLLECTOR OF IREDELL COUNTY: You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records and filed in the office of the Iredell County Tax Supervisor and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such respective taxpayers in the County of Iredell, and this order shall be a full and sufficient authority to direct, require and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with the law. Witness my hand and official seal, this 20th day of August 1985. s/ Larry S. Hedrick Chairman Iredell County Board of Commissioners Attest: Alice Fortner, Clerk to the Board VOTING: Ayes - 5; Nays - 0. CITY OF STATESVILLE - REQUEST FOR FINANCIAL ASSISTANCE FOR EXTENSION OF WATER LINE EXTENSIONS: Mr. Pete Connet, City of Statesville Manager, came before the board regarding the extension of a 24" water line on which the City has taken bids. He said the project has been approved by the State of 4 North Carolina Department of Human Resources. Senate Bill #2, just passed during the 1985 Legislature, authorizes funds to cities and coun- ties on population basis for Fy 85-86 and 86-87. The allocation for the City of Statesville for water line extensions is $66,183, and the county's allocation for water line extensions in 85-86 is $191,667, and the same amount in 1986-87. The City of Statesville is requesting the county to sub- allocate a portion of its funds to Statesville, as provided under Senate Bill #2. These funds are not budgeted in the 1985-86 county budget. The project proposed for water line extension was described by Mr. Connet and identified on the map outlined for his presentation. The City proposes to run the water line down 1-40 to Simonton Road and Old Mocksville Road, to the old waste disposal plant where the Statesville Parks and Recreation Offices are located. An elevated water tank is proposed as part of this 24" water line 47 | project to increase the water pressure. Bids were received on 1800 If of water line from the end of Signal Hill Drive (basically 1800 1f up Simonton Road). The developer is proposing to put in the funds to cover the cost of the 6” line ($22,500), thereby contributing to the project. Low bid was $155,069 (Sanders Brothers, Charlotte). Adding 5% contingency and engineering, less the developer's share, the total project is $155,480. The City of Statesville plans to pay for the project by requesting $77,740 from the county's allocation and plans to match this amount. The City of Statesville also plans to install an emergency generator at the water filteration plant. Mr. Connet said if a power outage occurred, the city would basically be without water. This project will cost approximately $165,900, according to the engineers. In discussing the request, Commissioner Crosswhite inquired how this would fit into the water and sewer plan that the county is now having prepared by Camp, Dresser & McKee. MOTION from Chairman Hedrick to accept this request as information and give an answer at the September 3rd meeting. VOTING: Ayes - 5; Nays - 0. DISCUSSION OF NEEDS FOR WEST IREDELL WATER CORPORATION: Mr. Sam Hindman, president of West Iredell Water Corporation, and Mr.Ralph Yount, who had requested to come before the board regarding the captioned project, at this time discussed the needs of West Iredell Water Corporation. Mr. Yount was represented by Mr. Hugh West who spoke to the board in regard to a request for funds from the county for constructing a water tank. Several representatives from industries in the area of I-40 and 01d Mountain Road were present also. They, along with Mr. Yount, said the low water pressure was creating problems for their sprinkler systems and would cause increased fire insurance rates. They believe a water storage tank would solve the problem and asked the county's financial assistance in paying for such a tank. Mr. Hindman said the most pressing need of the West Iredell Water Corporation was water for home owners. He gave an outline of the corporation's immediate plans for running water lines into other rural areas. He said the West Iredell Water Corporation was not in a position to make a formal request at this time; they have a study underway, being conducted by Eugene Smithson & Associates of Hickory. The board asked Mr. Hindman to give them an updated report on the plans for the West Iredell Water Corporation as soon as possible. NO BOARD ACTION TAKEN. SOUTH IREDELL VOLUNTEER FIRE DEPARTMENT, PETITION REGARDING BOUNDARIES: On May 7, 1985 the South Iredell Volunteer Fire Department, through their attorney, Mr. Pressley Brawley,Jr., presented a petition regarding the boundaries of the Mt. Mourne/South Iredell Volunteer Fire Departments. Mr. Brawley came before the board to discuss this boundary discrepancy question. Mr. Brawley cited State Statutes regarding the boundaries in question. He said there is approximately $14 million in property tax base in the Mt. Mourne Fire Tax District that belongs to South Iredell Volunteer Fire Department. Mr. Deal, county manager, gave a history of the boundaries in question. County Attorney William P. Pope gave the alternatives the board has in this matter, which are: 1. The board could contract with any person to provide fire protection; (Can enter into a contract with South Iredell for this questioned area. The problem is that some would be paying an additional tax for fire prevention service in South Iredel! and some would not.) 2. The board has no authority to declare the Mt. Mourne Fire Tax District null and void. 3. The petition process for individual release from the fire tax district. After a discussion the county manager was instructed to get in touch with the Institute of Government and the Office of the Attorney General and ask for assistance on this matter. Following this, he was to get in touch with Mr. Brawley and officials of the South Iredell Volunteer Fire Department and work out an amicable agreement. This was to be done within the next two weeks, if possible. NO BOARD ACTION. AFTERLISTS, RELEASES, AND REFUNDS, JUNE AND JULY 1985: MOTION FROM Commissioner Murdock to approve the afterlists, releases, and refunds for the months of June and July 1985, which are as follows: NAME TOWNSHIP YEAR REASON AMOUNT Shirley Little Shiloh 1985 Farm Use error $ 3.46 Ernest White Cool Springs 1981 Double listed mobile home 90.28 aks i Le A ESS ae te 472 Ernest White Cool Springs 1982 Double listed mobile home 90.28 Ernest White Cool Springs 1983 Double listed mobile home 88.13 Ernest White Cool Springs 1984 Double listed mobile home 96.76 REFUND: T. Scott & Patsy Kilpatrick Route 1, Box FO 12 Harmony, NC 28634 $12.21 VOTING: Ayes - 5; Nays - 0. REPORT ON BIDDING INSURANCE FOR FIRE DEPARTMENTS: David Bailey, Centralina Council of Govern- ments, came before the board regarding the insurance bids for the volunteer fire departments. Mr. Bailey presented a proposal in the amount of $51,481 from the Teeter Insurance Agency, Mooresville, NC. Only one bid was received, which is legal in this instance. MOTION from Commissioner Stewart to accept the proposal for insurance for the volunteer fire departments in the amount of $51,481. VOTING: Ayes - 5; Nays - 0. In discussing how the county would pay its share of this insurance premium, it was the consen- sus of the board that the payment plan would be worked out by the staff. TELEPHONE STUDY PROPOSAL: Mr. Bailey, Centralina Council of Governments, presented this propo- sal to the board. He said they had audited the telephone bills and found $1500 in billing errors in the past ten months. These errors were due to equipment charges. He recommended seeking bids on a PBX system for the entire county system. He recommended watts lines to replace the long distance calls, which would represent a saving of $50 to $75 thousand in a ten-year period. It will require approximately 60 days to bid the service and three to four months after bidding to get the equipment up and running. The emergency telephone system for the sheriff's department will be a top priority. MOTION from Chairman Hedrick to place a moratorium on purchasing telephone equipment for the county. The moratorim is to continue until further notice. VOTING: Ayes - 5; Nays - 0. PERSONNEL POLICY: Mr. Lee Armour, Centralina Council of Governments, came before the board regarding the personnel policy. The board discussed with Mr. Armour the changes that had been made in the personnel ordinance. MOTION from Chairman Hedrick to approve the Personnel Ordinance. After further discussion, Chairman Hedrick withdrew his motion. The county manager was asked to let the employees know through a notice in the County's News- letter that the board is considering adoption of this revised personnel ordinance and let them know copies are available for them to see at the Clerk's Office. Adoption of this ordinance is planned for September 3rd. NO BOARD ACTION. FAIR LABOR STANDARS ACT: Mr. Deal gave an update on the Fair Labor Standards Act, which was effective April 15, 1985. He named some of the emergency departments that would be exempt from the Act. Leen NO BOARD ACTION. REGISTER OF DEEDS - TEMPORARY PERSONNEL: The county manager reported that one staff member at the Register of Deeds is out on leave of absence, and Mr. Lynn Nesbit has requested someone to fill in temporarily. The manager supports the request and recommends that the position be filled tempor- arily through a temporary employment agency. MOTION from Commissioner Mills that the board approve the request with a person from a tempora- ry employment service. The employment is to extend to January 31, 1986, at a salary of $6 an hour. VOTING: Ayes - 5; Nays - 0. POSITION UPGRADING AT HEALTH DEPARTMENT: County Manager Wayne Deal reported that some posi- tions had been upgraded at the health department. He requested the board to approve these reclassi- fications and that the board authorize the county manager to write a letter to the State Personnel Office instructing them that it is the board's request that no personnel upgrading would be granted by them until the request comes to them over the signature of the Iredel] Conty Board of Commis- sioners. MOTION from Commissioner Mills that we write the State Personnel Office and request that no changes be granted until they are received over the chairman of the board's signature. VOTING: Ayes - 5; Nays - 0. MOTION from Chairman Hedrick to approve the reclassifications as presented. 473 VOTING: Ayes - 4; Nays - 1 (Mills). LEASE LAW AMENDMENT TO ANIMAL CONTROL ORDINANCE: Mr. Deal, county manager, discussed with the board the proposed amendment to the animal control ordinance, which is a lease law for dogs in the county. Mr. Deal said this revision would require more control and more staff. NO BOARD ACTION. MINUTES APPROVED: MOTION from Commissioner Murdock to approve the minutes of June 3, June 4, oe June 13, June 17, June 18, June 19, June 24, June 27, and July 2, with corrections indi- cated. VOTING: Ayes - 5; Nays - 0. LOWRANCE HOSPITAL - SALE OF PROPERTY: The board discussed briefly the disposition of the Lowrance Hospital property. NO BOARD ACTION _ EXECUTIVE SESSION: MOTION from Chairman Hedrick to enter executive session for the purpose of discussing sale of property. VOTING: Ayes - 5; Nays - 0. MOTION from Chairman Hedrick to adjourn to regular session. VOTING: Ayes - 5; Nays - 0. ADJUSTMENT IN SHERIFF'S SALARY: MOTION from Chairman Hedrick to adjust the sheriff's salary, not to exceed $28,116. VOTING: Ayes - 5; Nays - 0. ADJOURN: MOTION from Chairman Hedrick to adjourn the meeting. Time: ee a.m. Next meeting: September 3, 1985, Agricultural Center Conference Rooms 1 and 2, States- ville. Clerk to the Board APPROVED: November 5, 1985. IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES SEPTEMBER 3, 1985 The Iredell County Board of Commissioners met in Reguier Session on Tuesday evening, September 3, 1985, 7:30, Agricultural Center Conference Rooms 1 and 2. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney Lisa Beckham, Planning Director F. William Furches, Jr., Finance Officer Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick INVOCATION: By Chairman Hedrick CAIRN STUDIO, LTD., INDUSTRIAL REVENUE BOND PROJECT: The Chairman stated that pursuant to Chapter 159C of the General Statutes of North Carolina and the regulations there under he had been advised that the Iredell County Industrial Facilities and Pollution Control Financing Authority (the “Authority") intended to file an application with the Secretary of the Department of Commerce for approval of an industrial and manufacturing project in Iredel] County, North Carolina, consisting of the acquisition of 15 acres of real property known as Lots 12 and 13 of the Mooresville Industrial Park, located at Mazeppa Road--N. C. Highway 115, Mooresville, Iredell County, North Carolina and the construction thereon of approximately 35,000 square foot manufacturing facility and office building and the acquisition and installation of machinery and equipment therein for the manufacture of three-dimensional art figurines (the “Project") by Cairn Studio, Ltd., a North Carolina corpora- gee wiecine siistinic sa PPS 474 tion (the "Company") and to be financed for the company by the issuance of approximately $1,250,000 aggregate principal amount of bonds of the Authority. Since such application for approval cannot, under regulations of the Department of Commerce, be officially received until, among other things, the Board has, by resolution after having held a public hearing, approved the issue of bonds for the proposed Project and approves the Project in principle, the Authority has recommended and requested that the Board pass such resolution. The Chairman presented copies of the Authority's resolution approving the Project and the inducement agreement between the Authority and the Company to the Board. The Chairman then stated that a notice had been published by the Clerk to the Board on August 16, 1985 stating that the Board would hold a public hearina on September 3, 1985 on the proposed revenue bond issue and the Project (the “Notice"). | Commissioner Hedrick moved that the Board ratify the publication of the Notice and designate this meeting as a public hearing on the revenue bond issue and the Project. The motion was seconded by Commissioner Mills and was unanimously adopted. At 7:30 o'clock p.m., the Chairman announced that the Board would hear anyone who wished to be heard on the advisability of issuing the revenue bonds and the Project. The names and addresses of the persons who were present and summaries of their comments are as follows: Joe Poteat, President, Cairn Studio, Ltd., spoke regarding his proposed project, the number of employees he planned to hire, and the average wage he proposed to pay. After the Board had heard all persons who requested to be heard, Commissioner Hedrick moved the public hecring be closed. The motion was seconded by Commissioner Mills and was unanimously adoted. Commissioner Hedrick introduced the following resolution which was read at length. RESOLUTION APPROVING THE ISSUANCE BY THE IREDELL COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY OF ITS $1,250,000 INDUSTRIAL REVENUE BOND (CAIRN STUDIO, LTD. PROJECT) TO FINANCE AN INDUSTRIAL AND MANUFACTURING PROJECT IN IREDELL COUNTY, NORTH CAROLINA FOR CAIRN STUDIO, LTD. AND APPROVING SUCH PROJECT IN PRINCIPLE. WHEREAS, the Board of Commissioners has created a political subdivision and body corporate and politic of the State of North Carolina known as "The Iredell] County Industrial Facilities and Pollution Control Financing Authority" (the “Authority"); and WHEREAS, the Authority is authorized under the Industrial and Pollution Control Facilities Financing Act, Chapter 159C of the General Statutes of North Carolina (the “Act"), to issue revenue bonds for the purpose, among others, of paying all or any part of the cost of any industrial or pollution control project for industry; to acquire, construct, improve and equip any such project; and to make and execute financing agreements, security documents and other contracts and instruments necessary or convenient in the exercise of such powers; and WHEREAS, the Authority has determined to issue its revenue bonds to pay all or a portion of the costs of the acquisition, construction and installation of an industrial facility in Iredell County for the manufacture of three-dimensional art figurines and related projects (the "Project"), as required by the Act; and WHEREAS, the Department has, by regulation, provided that no application for approval of a project will be officially received until the governing body of the County from which the applica- tion is made has, by resolution after having held a public hearing, approved the issue of revenue bonds and approved in principle the proposed project and a certified copy of such resolution has been provided to the Department; and WHEREAS, the Board of County Commimssioners, pursuant to public notice duly given, has held a public hearing on the proposed revenue bond issue and Project and has considered the comments of persons who requested to be heard; and WHEREAS, the Board of County Commissioners desires to approve the issuance of revenue bonds and approve the Project in principle; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Iredell as follows: (1) The issuance of revenue bonds by the Authority to finance the project is hereby approved. (2) The Project is hereby approved in principle. (3) The Clerk of the Board of Commissioners is hereby authorized and directed to provide a certified copy of the resolution to the Department. (4) The Board of County Commissioners hereby requests that the State of North Carolina, pusurant to Executive Order 113 of the Governor of the State of North Carolina, allocate to the above-described revenue bonds and Project $1,250,000 of Volume Limitatin (as defined in said Execu- tive Order), and the Chairman or Vice Chairman of said Board is hereby authorized to certify under penalties of perjury that this request is not made in consideration of any bribe, gift, gratuity, or direct or indirect contribution to any political campaign. 475 (5) This resolution shall take effect immediately upon its passaye. Commissioner Murdock moved the passage of the foregoing resolution and Commmissioner Stewart seconded the motion, and the resolution was passed by the following vote: Ayes: 5 Nays: 0 PUBLIC HEARING: MOTION from Chairman Hedrick to adjourn to public hearing. VOTING: A Nays - 0. yes - 5; BAKER SCHIEFF RACING, INC.: Miss Lisa Beckham, planning director, pointed out the Baker Schieff property to the board on the county zoning map. This property is located on N. C. Highway 150, between S. R. 1168, McCrary Road, and S. R. 1396, Robinson Road, near Big Daddy's Restaurant. The requested rezoning is from Neighborhod Business to Highway Business for the proposed use of a race car garage. Miss Beckham said no one spoke in opposition to this request at the planning board. Mr. Bill Culp questioned the location of the garage, and Mr. Bill Mills, county commissioner, inquired about the possibility of noise in connection with the garage. No one else spoke regarding this rezoning. NON-OWNER PETITION, DRIFTWOOD DRIVE: Miss Beckham, county planner, identified this property on the zoning map. She said six of the seven property owners had signed the petition. Ms. Lessie Everton, property owner in the requested rezoning area, said they thought they were buying property that was zoned R-20. Commissioner Crosswhite inquired if the structure on the property owned by the non-signer would be removed, to which Miss Beckham replied it would be a non- conforming use. No one else spoke regarding this rezoning. MOTION from Commissioner Mills to return to regular session. VOTING: Ayes - 5; Nays - 0. BAKER SCHIEFF RACING, INC.: MOTION from Commissioner Mills to approve the rezoning request from Baker Schieff Racing, Inc., to rezone property located on N. C. Highway 150, between Ss: Re 1168, McCrary Road, and S. R. 1396, Robinson Road, near Big Daddy's Restaurant, more specifically described as Iredell County Tax Map 2P, Block A, Lot 7. This property to be rezoned from Neighbor- hood Business to Highway Business. VOTING: Ayes - 5; Nays - 0. NON-OWNER PETITION, RESIDENTS OF DRIFTWOOD DRIVE: MOTION from Commissioner Murdock to approve the "appropriateness" of the request for rezoning from the residents of Driftwood Drive, to rezone property located on Driftwood Drive, S. R. 1259, off Perth Road, S. R. 1303, near Skipper's Landing, more specifically described as Iredell County Tax Map 3F-5, 8lock A, Lots 1-7. VOTING: Ayes - 5; Nays - 0. RESOLUTION SUPPORTING AMERICAN TEXTILE AND APPAREL PROMOTIONS: Mr. Bristol Cheek, Carolina Mills inns Industries, was present to accept a resolution regarding the captioned matter from the board. MOTION from Commissioner Crosswhite to adopt the following resolution: RESOLUTION OF COMMITMENT WHEREAS, the textile and apparel industries contribute substantially to the entire national economy, and more particularly, to the economy of our local community; and WHEREAS, the textile and apparel industries in Iredell County are facing a tremendous problem with the foreign textile/apparel imports; and WHEREAS, some 7,310 textile and apparel workers in Iredell County depend upon these industries for their livelihood; and i WHEREAS, this growth of foreign imports has contributed substantially to the elimination of some 800,000 American textile and apparel jobs, plus causing an adverse effect upon supporting industries; and WHEREAS, little has been done at the national level to bring about a reasonable balance between foreign imports and the normal growth of native indstries, witnessed by the fact that textile/apparel imports have increased 50% since the first of 1984. NOW, THEREFORE, BE IT RESOLVED that the Iredel! County Commissioners express its support of the textile and apparel industrial promotional efforts to make citizens more aware of this serious problem. The Iredell County Commissioners further request that President Reagan take immediate action to sign the Textile and Apparel Trade Enforcement Act of 1985 into effect, thereby limiting 1st ede am Dla a Ess fae, 476 the increase in imports to no more than market growth, roll back the present import volume to a reasonable level and establish an import licensing system. BE IT FURTHER RESOLVED that a copy of this resoltuion be sent to each of our senators and representatives thanking them for the support, especially Representative James Broyhill for his co- sponsorship of the bill (HR 1652, S680) and their continued efforts to gain more support. IREDELL COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING: MOTION from Chairman Hedrick to adjourn the meeting back to a public hearing. VOTING: Ayes - 5; Nays - 0. RIDGECLIFF PLANNED RESIDENTIAL DEVELOPMENT, SPECIAL USE HEARING: Chairman Hedrick turned the chairmanship of the meeting over to William P. Pope, County Attor- ney. HEDRICK: We have one signed up to speak for the request and none to speak in opposition of the request. At this time if there's anyone who wishes to speak against the request, please sign with our clerk. POPE: This is an application for a PRD rezoning, and the Iredell County Ordinance requires a special hearing upon sworn testimony. At the conclusion of which the commissioners are required to find facts and to make conclusions. For that reason all persons who desire to speak on this matter will be required to be sworn. There are also other rules that will apply to this particular hearing, and I will summarize those rules, if I could. Everyone who desires to speak will be required to register with the clerk. So far only one person has registered. Anyone else who desires to speak, either for or against the proposal, should register with the clerk, who is on my far right, Mrs. Fortner, and indicate whether you desire to speak for or against the proposal. The commissioners are required to make their decision based upon competent material and substan- <jal evidence. The rules of evidence as they are applied in Superior court will not be strictly enroced; however, evidence must be completent and must be material. We will overlook some of the technical requirements of evidence, but we will require that the evidence at least be competent in material. All exhibits that are offered must be marked and offered into the evidence and must be authenti- cated and identified. Each person who testifies will be subject to cross-examination by anybody who is for or against it, and will also be subject to questioning by me and by the commissioners at any time, subject to interruntion, if need be. A hearing record is being kept. A complete record of all proceedings being had here this evening is being made. The order in which the hearing will be conducted is as follows: The planning staff will make its presentation of the case. The petitioner, that is the person who is propounding this rezoning, will be given an oppor tu- nity to make an opening statement, and if there is any evidence. The opponent will be given an opportunity to make opening statements and present evidence. And then rebuttal evidence from the petitioner and rebuttal evidence from the opponent. And finally the opponent's closing statement and the petitioner's closing statement. The commissioners, of course, have the authority to continue the hearing, recess the hearing, postpone the hearing, or make such decision as they feel inclined to make this evening. Having briefly summarized the rules as they apply to special use hearing, are there any ques- tions? Has everybody signed up who desires to be heard? I believe only one person signed up. We would start then as the rules require with the planning staff's presentation of the case. Miss Beckham, would you be sworn, please? : Beckham administered oath by Clerk to the Board. BECKHAM: The property in question is entitled Ridgecliff Planned Residential Development. It's located off of Pineville Road. This is Pineville Road, North of here would be the Buffalo Shoals Road. This is the Spring Shore Subdivision, this portion marked R-20. The portion colored in red is the 23 1/2 acre site proposed for the PRD zoning. The property here, down the river, is the current Heronwood Project. This of course is the Duke Power State Park property here. The parcel in red, the 23.5 acres, is proposed for planned residential development. I will present an exhibit 1, a drawing of property. 47/7 POPE: Is there any objection to exhibit 1 being received into the record? Hearing none, exhibit 1 is admitted into the recora. BECKHAM: To state some facts about the property. Twenty-one dwelling units are shown on the plat. Six of which are the typicel single-family, detached. Seven are attached, meaning a common dividing wall. In many ways this plat is like a subdivision other than that there are attached units. Every lot does not abut street as is required in a subdivision. And there is common open space. These are three main differences that distinguish this from what would otherwise be a subdi- vision. The density is at .89 units per acre. The development will be all residential structures. The development creates an environment of sustained desirability and stability as is shown on this plan. This is the entire project shown. There is no future phases. The building locations are approximate; however, they will not be any more, less than 35' for front and rear yards, and 15 from the side yards. All buildings will be under 35' in height. The street and throughfares are designed to be suitable for the anticipated traffic. The district highway engineer has not reviewed this plat, but will review this plat and approve it, to be subject to the approval here tonight, is the DOT enginer's approval. Also, the DOT engineer will approve the design for the grading and drainage for this project. Plans for water and sewer system will be subject to approval for the appropriate health authorities. That approval has not be submitted, but any approval here tonight could be made condition upon receiving that approval. No above-ground sewage treatment facilities are proposed. The Iredell County School Superintendent has seen the plat and commented upon it favorably. The buildings will all observe a 45' setback from the exterior property lines, and they will be buffered in accordance with Section 41.6 of the ordinance. The acreage for development exceeds the minimum requirements, which is ten acres. It well exceeds that. The entire project is contiguous. There's no island involved. The requested density is well below the maximum of four units per acre allowed under the PRD District, the density, again, is to be .895 acres. Excuse me, .895 units per acre. Commonly owned, useable open space is provided for in the plan. It's approximately 23,000 sq.ft. Section 87.2 of the ordinance requires liability insurance be provided for planned residen- tial district. The developer has the understanding that the board of commissioners plans to delete that requirement once 4a waste water treatment ordinance is in place, and I'll call it to your attention that the developer has not presented any proposal for liability isnurance, assuming that the commissioners will re-examine this requirement in the near future. You may want to discuss that specifically with Mr. Jennings. All the technical specifications of 87.2, the development standards, have been addressed except those that I have mentioned conditionally, being the DOT engineer and the local or state health authorities, whichever would be appropriate. The technical specifications of 87.5 have been met, and, in my opinion, no part of the proposed development shall be so located or operated as to create a nuisance to nearby residential areas. The planning board voted 6-1 to recommend approval of this PRD rezoning and special use permit. The planning board heard this case on two separate occasions, the first being their July meeting where there was approximately 20 residents there to ask questions. The planning board postponed action for members of the board to visit the property. The planning board took action in August, at iil which time they voted 6-1 to recommend this proposal. That concludes my presentation. POPE: Any questions of Miss Beckham from the commissioners? HEDRICK: Lisa, how many people were in opposition at that last meeting where the adoption, or the approval of this took place? BECKHAM: It's hard for me to say how many were in opposition. Approximately 20 attended. Five of those twenty asked questions. Several seemed to be in opposition at that time, but in later discussions with them, they told me that their questions had been answered to their satisfaction. There was word out that this was going to be @ multi-family development or apartment development, and they were concerned about the effect that multi-family development would have on their residen- tial community. I have not heard from those people since August. So I assume by their silence that their opposition has been quietened. POPE: Other questions? HEDRICK: In looking at lot #4, for example, you can clarify something for me. There appears to be a driveway shown, 4 right-of-way or something, down at the #4, Do you see what I'm talking about, off the street? BECKHAM: Actually that's a driveway easement for 3, 4, 5. and 6. aidinaeeanets a a ae 5 iat wg 5s mathe cenmME: a8 icakSenel Ae caine Mes cca Che sitet HEDRICK: My question would be, if tiiat were to become a paved or a concrete driveway, would that be in violation of a side set-back ordinance? I can't tell what distance you've got in there. It looks like the property is only 35' feet wide, aid I just wondered if that would be a violation? BECKHAM: No, sir. It wouldn't. All of the set-back requirements are actually waived for a PRD plan, other than those shown. The developer had committed to a 35' building line from the lake and is also committed to a 15' side yard requirement, but that will not scale out on this plan. If you take the scale, it will not measure exactly 15' from the side yards. It's very steep and rugged property. HEDRICK: Has character. BECKHAM: Yes, it has character. And these driveway easements for strucutres 3, 4, 5, and 6, and also 8, 9, and 10, is just about the only way to get there. POPE: How will these properties be sold? Will they be sold as individual units, townhouse units, or condominium units? BECKHAM: I'11 have to defer that to Mr. Jennings. POPE: Are you able to say whether the location of the units as shown on the plats is rather rigid or are we faced with a possibility that these locations are flexibile and we might expect the house to be some place other than it's shown on the plat? BECKHAM: Flexible within the 35, 35, and 15 setbacks. Note the bottom of the plat next to the (not clear). Yes, I would interpret that the building locations are approximate and flexibile within those numbers that have been offered by the developer as minimum. POPE: But they are flexible, are they, to the extent that units 1 and 2 would actually be built on a lot where unit 3 is shown? BECKHAM: No, sir. They're not flexible to that point. POPE: Units 1 and 2, then, as represented, will be built within the confines of what appears to be an unnumbered lot where 1 and 2 are now shown. Have you seen any architectural renderings for any of the units? BECKHAM: No, sir. I have not. POPE: Have you had any presentations made concerning the square footage these would contain? BECKHAM: No, I haven't. POPE: Are you familiar with the kind of water system that will be provided to the project? BECKHAM: I believe they will have a community water system. POPE: Have you been informed of the kind of sewer system that will be installed to serve the project? BECKHAM: I have been told that there will be individual septic tanks for the units. POPE: That would be both for the single family units and the multi-family units? BECKHAM: Correct. ‘ POPE: Does the developer own adjoining property? BECKHAM: No. Adjoining property includes the Spring Shore Subdivision, property owned by P. J. Thorneburg, and one other, one of the Setzer heirs, Josephine Cornelius. POPE: So the property that is shown, then, is the entire property and is not being developed in stages. BECKHAM: Correct. POPE: Has the developer indicated in what manner he intends to proceed with the development, that is whether he intends to start with single-family or multi-family? Pa BECKHAM: No, he has not indicated that. POPE: The streets on exhibit #1 appear to be 60' wide and drawn to state specif ications. Is it contemplated that there will be private streets in the development? BECKHAM: I am under the understanding that they will be private until such time they are accepted into the state system for maintenance. POPE: It is proposed that the streets called "Sunny Path" and "Ridgecliff Drive" would be ultimately accepted as part of the state system? BECKHAM: That is my understanding. Sal. é 5 iat ME bashes ae Mog es 479 POPE: Do you know who will be responsible for maintaining the streets until they are accepted? BECKHAM: It is my understanding they will be maintained by the homeowners’ association. POPE: Have any of the lots been sold in the subdivision? BECKHAM: Not to my knowledge. POPE: The zoning ordinance refers to some buffering between PRD zones and adjoining residen- tial zones. I note along the eastern border the property, a natural, actually I guess it's the southern border, is referred to as a natural wooded buffer, do the other buffers also tend to be | natural wooded buffers? BECKHAM: Yes. POPE: In fact is the property along the borders now wooded? BECKHAM: Yes, it is. POPE: Does the ordinance itself require any percentage of the area to be set aside as common area? BECKHAM: There is no minimum size for common area. POPE: There is an area designated in the center of the plat as open area, is that contemplated as being common area? BECKHAM: Yes, it is. POPE: That would be owned by the property owners? BECKHAM: Yes, property owners' association. POPE: To what purpose would it be put? BECKHAM: As 1 understand, that is a potential site for the community well, otherwise I do not know how the developer intends, or if he intends to improve that. POPE: Do you know what amenities the developer intends to add to the cevelopment? BECKHAM: Those have not been disclosed. POPE: In your opinion, is the application conplete? BECKHAM: Yes, sir, withstanding the conditions I have mentioned previously, being the DOT highway engineer review and approval, the approval of the water system and septic system, the question about liability insurance being addressed. Except for those three issues, the application is complete. POPE: Is it the opinion of the planning staff that the development creates an environment of sustained desirability and stability? BECKHAM: Yes, sir. — POPE: Are there any other questions of Miss Beckham? HEDRICK: I don't know if this is a question for Lisa, but in looking at the plat the lot lines appear to terminate at the edge of the right-of-way at the proposed Ridgecliff Drive and Sunny Path, or is that not correct? I guess they go to the center of the road. Is that correct, Bill, or Lisa? Who owns the road? The people on either side of it have a joint interest in it? BECKHAM: It's a public dedication. No one owns it. HEDRICK: Somebody will have to own it, won't they? POPE: Yes. It appears to be proposed, Mr. Chairman, that the property be sold to the boundary of the street, and the street itself will be dedicated to public use. A fee simple title to the ‘ street would be owned by the developer, subject to the right of the public to use it for a street. HEDRICK: My question is getting in the direction of who pays taxes on it, anybody? POPE: Well, it would have little nor no tax value, if it's superimposed with an easement in favor of the public for a street. At some point in the future it might have value, but not if it’s being used as a Street. HEDRICK: I didn't know if the property owners would, in fact, own it and be vaying taxes on it or not. MILLS: Lisa, there are two questions I have. First of all the proposal has seven possible duplex or, as I understand it, they can be developed, those lots can be split up and have a single- family dwelling on it. — . oe “hg: 4 hepa ae A 4 F oe ao ee iy a a F AAS eg? Bee er ay Fe . ec eld BAP © ai, OM rie Mr ok MS ae A Graig vo 480 BECKHAM: In my opinion, for example, what's shown as #1 and #2 could possibly revert to just one structure. Number 3, for example, in my opinion, could not become two. MILLS: No. I'm talking about the seventh duplex or multi-family proposal that's presented. BECKHAM: I misunderstood your question. MILLS: Okay. They can be split up or they can be built as a duplex. BECKHAM: Split up meaning separated with air space? MILLS: Separated, and, well you'd have to, I think we need to take Mr. Jennings, maybe he can answer the questions. POPE: I will reserve the right to recall Miss Beckham to answer further questions. MILLS: The other question that I have is that if this subdivision, this PRD, is approved, can we approve it with septic tanks and without the right of the developer to build a wastewater treatment facility. BECKHAM: In my opinion, yes, that could be a condition for approval. MILLS: Right. POPE: Any other questions of Miss Beckham? All right. We'll hear now from Mr. Jennings. James Jennings administered oath by Clerk to the Board. POPE: Mr. Jennings, you may make any opening statement and present any evidence that you would like at this time. JENNINGS: Okay. I think in the interest of time, I would like to just let the planning department's presentation be the list of facts about the development, and I will just clear up the questions that were raised ear lier. The liability insurance, part of the ordinance, if that, I would like, if we could, we haven't talked about this, but if it could be a condition of the special permit also that we don't have that, that would be, I think, appropriate. We are dealing with a series of six single-family lots, four two-family lots on the waterfront. The concept behind that was that on the lots in these inlets and these two-family there would just be one pier serving two families. Those pieces of land are large enough to divide into two or more lots, and my thought about it is they can be deeded, I have showed the side lines of the lots as opposed to just showing a plat with just 21 homes to show what will actually be deeded to each homeowner. This is very similar to a subdivision, with just a few changes that you all have already brought up. And so the idea would be that someone could subdivide the boundary that shows homes #1 and #2 into two homesites. The restriction that I will place is that they will have one pier, and POPE: Excuse me, your intention, then, that that actually could end up being two single-family dwellings? JENNINGS: Correct. BECKHAM: With air space? JENNINGS: Yes. That someone could actually, if the market wanted to build two homes under one roof, then fine. If they'd rather do it separately on that tract, POPE: The maximum density on that lot would be two units? JENNINGS: Correct. JENNINGS: Ridgecliff is a restricted community to the extent there will be many deed restric- tions. The one that was brought up about the size is 1800 sf of heated area, minimum per home. POPE: Is that for the multi-family homes as well? JENNINGS: Yes. The other thing about building. This is just, all that is being offered here is land. My intention in marketing this is just to market property and not to build two-family homes or single-family homes either one. But basically just to sell single-family or two-family lots and the back acreege, sell that however that, as one tract or two or up to as many as seven homes. The sewage disposal will be septic tanks and nitrofication fields. The power is will be by electricity, and the water is well water. It will be a community water system or individual wells. Most likely, community water. POPE: Have you had any conversations with any public utilities concerning operating a communi - ty well? JENNINGS: I have not. The question was asked earlier to Lisa about the opposition at the last bit aid Pe 481 meeting. At the last meeting, there was no opposition. There was no one present, to my memory, in opposition to it. BECKHAM: Mr. Pope, I have two questions. One is to make sure I understand, Mr. Jennings, are you reserving the right to separate units that are presently shown being attached? Do you want that to be an understanding in the record that units #1 and #2 could be taken apart and air space with some sort of understanding about set back, or what do you have in mind? JENNINGS: What I have in mind is that the tract that the first two homes ae shown on could be subdivided into two single family building sites. The set backs would be, could be anywhere from attached to detached, to any extent that they wanted to build them. The set backs, and also I would want to have the flexibility of locating the units within, all dwellings to be built within the minimum set back requirements, 35' from the front. Is the front the road? And 35' from the rear or the lake side and 15' from side yards. And then the two outside lots would be, would respect the offset from an adjacent different zoning. BECKHAM: Mr. Pope, did we determine in an earlier case that piers should be shown on a sketch plan? POPE: Yes. BECKHAM: I would suggest then that we have those added as information on this plat. JENNINGS: I would like to not have to do that, if posssible, because of the engineering that will be involved in changing the water front. I own the land under the lake adjacent to several of these pieces, and so there will be some, like on #5 and #6, for instance, that inlet would be, I would need to go through all the appropriate agencies to get (not clear)... and put in a sea wall and extend a pier from there, and it's a little hard to put all the piers in without knowing more about it, to know how we are going to be able to treat the water front. POPE: Perhaps I could ask a few questions. As I count the lots, you propose a maximum of 11 lots, is that right? JENNINGS: I'm proposing a maximum of 21 homes on 23 acres, and the side lines that have been put in on separating the 14 homesites on the water front, I intend to use in order to deed property for purposes of actually deeding the deed to the buyer, we'll use those lots as boundaries. POPE: How do you intend to convey lots #5 and #6, or units #5 and #6, as a condo? JENNINGS: As a tract of land with a metes and bounds description. POPE: With the understanding that the person who bought that tract of land can build two units on it? HEDRICK: Or one? POPE: Or less, yes. JENNINGS: Correct. POPE: Now the lot that has units #1 and #2, does it front the lake? JENNINGS: It has 124.25' on the water. POPE: Will you propose a pier for that lot? JENNINGS: I propose a pier for that lot. That particular situation I will get into by actual- ly dredging back into our property and creating a dock there. In the absence of going through that process there would be, the pier would just come off that water front. POPE: You would propose that the area that includes units #1 and #2 would be sold by metes and bounds by you as just one tract, with the understanding that up to two units could be built on it? JENNINGS: That would be correct. POPE: And that there would be no more than one pier built on it? JENNINGS: That would be correct. : POPE: So that maximum number of piers built JENNINGS: Would be ten. POPE: Would be ten. BECKHAM: I think we need to specify that, because I can foresee a problem if there is a buyer in the future that we would possibly be denying a water front property owner the right of a pier. JENNINGS: I will be dealing with that with deed restrictions, in other words the lot BECKHAM: But if someone comes in with a building permit, we can't deny them a permit subject to deed restrictions. We would reference back to tho PRD. en scoiieeiio : , nial ae 482 POPE: Can we make that one of the conditions of the PRD? Mr. Jennings, would you be willing to allow us to number these lots on exhibit #1? Just for convenience let's call the lot where units #1 and #2 are, lot's call that unit #1 or lot #1. JENNINGS: We can. We have been through this two or three ways, and we finally decided this was the simplest. If you disagree, then we'll number it differently. POPE: Well, my feeling is that the commissioners may be desirous of imposing some kind of conditions on these lots, and it is handy to have something to refer to them by, either a letter or a numerical designation. JENNINGS: Okay. POPE: If you prefer, we can start with A and go through the alphabet. BECKHAM: The reason we didn't do that was because the county tax, the computerized system, the tax records does not accept alphabetical letters. It was awkward. We talked about this earlier as to how to identify these. We will have to use numbers. Maybe we could start with 100, 200, 300. POPE: Well, let's see if there are any desires by any of the commissioners to impose any restrictions on any of these lots. Maybe it’s not necessary to do that then. Mr. Jennings, do you understand that the district highway engineer must approve the streets and roads shown on the plat, and any approval by the commissioners will be subject to that? JENNINGS: Yes. POPE: And do you understand that the plans for the water and sewer systems, or septic systems, must have the approval of the division of health services of Iredell County Department of Health? JENNINGS: Yes. POPE: And any approval by the commissioners will be subject to that. And likewise you understand that we do have in effect an ordinance requiring a certain amount of liability insurance per unit. That ordinance is under consideration now for possible amendment, but do you understand that it may not be amended? And should it not be amended, you will have to comply with it as it presently exists. JENNINGS: What I would like (not clear, changing to Tape #2)... . single-family nature of the community, I would like to not have, not to have to go through that procedure. First of all, I'm not sure I can get the insurance. But what I would like to do is in deeding the land to each homeowner, allow them to have all the rights to that piece of property, including providing their own liability insurance, if I can. POPE: Looking at the ordinance now, I'm trying to determine whether that's possible or not, It seems to me that the county is going to either live with the ordinance it has or amend it, and in either case you will have to live with whatever the law is. JENNINGS: Okay. The liability, under 87.2(1) “Liability insurance shall be at a minimum coverage of $10,000 per unit maintained on any parts of any sewage disposal or water supply system." We will have individual septic tanks, I don't know that liability insurance will come into play there. HEDRICK: Water supply. I think that the way it has been interpreted, if it was a community water system. JENNINGS: So if a public utility took care of the water supply, they would have to provide liability insurance up to $200,000 POPE: $210,000. JENNINGS: $210,000 on the water system? HEDRICK: That's the way it was drawn up, you know, but we're POPE: I would imagine that any public utility would have at least $200,000 worth of liability insurance. r JENNINGS: Okay. POPE: You conferred with the superintendent of the schools and he found the plan acceptable? JENNINGS: Yes, he did. I have a letter. POPE: Do you have it with you. JENNINGS: It's in the car. POPE: That would be a letter from Or. Williams, the county school superintendent? HEDRICK: Franklin Ivey, assistant. id ei AN ee cera ob eran Keke! aaah ; a Seat rs 4853 POPE: All right. That's fine. Mr. Jennings, why did you apply for a PRD zoning as opposed to regular multi-family? JENNINGS: You mean just a regular subdivision? POPE: Yes, or regular subdivision either. JENNINGS: Exactly what is your question again? POPE: I'm interested in why you applied for this to be a PRD zone as opposed to a multi-family zone or a single-family zone. JENNINGS: Okay. Well I didn't need any other type of zoning for it being, having attached housing. So far as why I didn't apply for subdivision is to allow for the ability to have two- family lots. Of course, the subdivison ordinance wouldn't allow it. Primarly the driveway ease- ments that are shown would not be allowed under the subdivision ordinance. POPE: The subdivision ordinance would also require an access lot to the lake, wouldn't it? JENNINGS: I'm not sure. If it does, that would be one too. | did provide an easement for the back property to the water. The open area for the tract that's shown, I showed because that is a requirement of the PRD ordinance. It seemed the PRD made the most sense for this particular community, so that's why I ” chose it. The open area was a requirement. That looks like a good well lot, and as a future modification, I could see having an area to locate boat trailers or oversized vehicles. POPE: Who do you anticipate will own that area designated as open area? JENNINGS: I actually see that being owned by the public utility. I see the home owners deeding that to the public utility, unless there's some problem with that. POPE: How will the home owners require ownership? JENNINGS: Well it will be deeded (not clear). POPE: Now the PRD ordinance requires that the commissioners be assured that the quality of water in Lake Norman be protected from discharge and run off and erosion. What plans do you have for doing that? JENNINGS: For protecting the waters from the septic tanks? POPE: From run off and erosion. JENNINGS: Developing an erosion control and sedimentation plan, which is really already being implemented presently. POPE: That is being required by the state? JENNINGS: Correct. POPE: How much ground is being cleared of trees for this project? aad JENNINGS: The primary road, Sunny Path, and to Ridgeciff community is on Mrs. Cornelius' property. I don't, That would be one area. The Ridgecliff Drive, the street is some 60 x 500 feet, 3/4 of an acre. POPE: Other than those two streets, is the property primarily wooded? JENNINGS: Yes, at this time. POPE: And would the high point on the land be the 8.375 acre tract? JENNINGS: Yes, it would be. It would be immediately behind #17 and #18. It's 100' above the dam. POPE: Any questions of Mr. Jennings? MILLS: Does it make any difference that there's no foot path from lot #21? Access? JENNINGS: I think we could allow access from #21. (Conversation took place among board members regarding the exhibit #1 which is inaudible.) CROSSWHITE: Where's the foot path that Mr. Jennings MILLS: Here's the one (not clear) JENNINGS: Right. I wasn't going to show one at all. At the first planning board meeting, some of the questions that were asked were directed toward providing some way to the water for the 484 back property, so we showed that. POPE: The street in front of lot #21 or unit #21, is that 60' or 30'? JENNINGS: 60. POPE: And 30' of that is owned by Mrs. Cornelius? JENNINGS: In some cases, it's all (not clear) . . . There's one corner in that 5-acre tract where #21 that would be on the (not clear)... POPE: Septic lot? JENNINGS: And then as it goes on it, if you notice the lots across the street, #1, #2, #3, #4, it shifts over to, the street right-of-way is on my property at that point. All the way up to lots #8 and #1 POPE: Any more questions of Mr. Jennings? BECKHAM: Mr. Pope, I have three things that I want to clarify. First of all 87.2(a), page 60, that addresses open space, requires that if it is not owned and maintained by the property owners' association, then other documentation be presented describing fiow that open space is owned and maintained. I don't think Mr. Jennings and I understand this the same way. I my mind, this could not be deeded to a public utility company unless there's some understanding of preserving it stil] as an area aS a passive recreation, open space. I think we need that clarified. POPE: It would take a modification of the PRD to convey that to a public utility, would it not? BECKHAM: In my opinion, POPE: You can't do it at all? JENNINGS: We could as a condition of the special use permit. POPE: I don't know. It's specifically written into the ordinance. BECKHAM: In my mind, the ordinance requires that there be some kind of open space, and that we have some explanation of how it's owned and maintained. JENNINGS: It might be good to replace that, if indeed it becomes a well lot, it might be good to replace that by way of modification. POPE: I think it would require that. BECKHAM: The second thing I want to clarify is that I do believe that the location of the piers should be shown even if it's only approximate, with some understanding as to what kind of latitude they can be moved. The third thing is I also want clarification on separating the units. If in fact someone comes in for a building permit for what is shown units #1 and #2 and shows them separated that this is in conformance with the PRD approval. Those are the three things I wanted to clarify. POPE: Do you suggest that we make that a condition of the approval, if the commissioners desire to approve it? BECKHAM: Yes, I think it would make it much easier once we get to the point of issuing building permits and we go through this with much scrutiny to make sure that all conditions of section 87 have been met. Otherwise it could delay Mr. Jennings or whomever is seeking the building permit if it is not clear. HEDRICK: I've got a question. According to the information we've been given, Sunny Path Road is coming across Josephine Cornelius, off of State Road 1332, and then back into your property. Should our record not reflect or an exhibit not be presented that would show the right-of-way from Cornelius people is, in fact, given? JENNINGS: This right-of-way is recorded. And this is on top of the recorded right-of-way that was provided for this plat. BECKHAM: It is shown on the tax map. JENNINGS: In answering Lisa's questions. What's the first one? BECKHAM: The three points are maintenance, open space, and JENNINGS: And we could leave, if we could, let's just leave the open area as is, and it would, it's a fairly rough spot, and it would be a good, because of the location, the proximity to all the lots, it would be a great well lot. If and when we did that, we could just handle that by way of modification, if that's agreeable. ide ON Si SANE Re And the second thing is what? BECKHAM: Okay. I'm confused. You want to say that the well can be located on that lot in any event. JENNINGS: If I can get a modification later to do that. BECKHAM: Okay. So you're not, you don't know the location of the well now, and you don't want to reserve the right tonight to put the well in the common (not clear)... area. JENNINGS: I would like to do that. As I understand it, that would mean that we would have provide another spot for open area. Is that true? POPE: I believe the commissioners would have the authority to approve a common, open space, subject to reservation of an area not to exceed a certain size for use of a well. JENNINGS: Are you saying that this. POPE: The open area is shown as 23,000 s.f., and the health department is going to require you to have 10,000 s. f. of protected area around the well.So in any event, there will be 13,000 s.f, left, if the health department allowed you to put a well there and required you to set aside the entire 10,000 s.f., so it would appear to be some commonly owned space. HEDRICK: Mr. Moderator, in view of the time I might make a suggestion that we suspend the deliberation of this particular subject to call it back into session within a reasonable length of time, and perhaps let you and Lisa, although it won't be on the record, you can maybe get some questions resolved, and come back in here and officially put them on the record. And we can handle the civic center discussion before such a late hour. POPE: We need a motion to recess the hearing for a certain time, until the conslusion of the public hearing on the civic center authority. HEDRICK: If that meets with the approval of the board, we have a lot of people here to discuss the civic center. Perhaps Lisa and Bill can come back to us while we're discussing this and nail down some specifics on these questions they have. MILLS: I would move that we recess from this hearing and reconvene it at the conclusion of other matters of business. HEDRICK: It has been moved that we adjourn this discussion until the end of our civic center discussion, which will last approximately one hour, and will reconvene at the conclusion of that, Is there any discussion? If not, all those in favor say "Aye." Opposed "No." VOTING: Ayes - 5; Nays - 0. MOTION from Chairman Hedrick to enter regular session. VOTING: Ayes - 5; Nays - 0. BRIEF RECESS. Chairman Hedrick reconvened the meeting. STATESVILE/IREDELL CIVIC CENTER, PROPOSED: Chairman Hedrick introduced the Mayor of Statesville, Mr. David Pressly, and members of the Statesville City Council. Chairman Hedrick explained the reason for holding public hearings on the proposed Statesville/Iredell Civic Center. He then opened the floor for the public to have their voice in the matter. Those speaking are as follows: Dr. Charles Poindexter, President Mitchell Community College Dr. Poindexter said Mitchell Community College is very much in support of the civic center. Mr. James Parsons Harmony, NC : Mr. Parsons presented petitions to the board listing names of people who are opposed to the center. He also presented a letter from a Ms. Allie B. Duncan, saying she was in favor of the civic center but was opposed to a tax increase. Mr. Danny Hearn Mr. Jim Thompson Greater Statesville Chamber of Commerce, Statesville Both Messrs. Hearn and Thompson were in favor of the civic center and said said it was their intention to poll the board members of the Chamber to find out their feelings so that the Chamber could take a position. wr. 0. C. Price, df. (no address given) Mr. Price is against the civic center. Doesn't think Statesville has the facilities to support webs: IE ko bea A Pe seu | es ue " y - nar — ee 486 a civic center. No airport. Mr. 0. C. Ford John Boyle Company Statesville, NC Mr. Ford urged the board to allow the voters to have a vote on this. He thinks the county will benefit. Mr. Bryan Winn Statesville, NC Mr. Winn is in favor of the civic center. He thinks it will create additional income, ; additional tax revenues from other supporting business that may come in as a result of the civic center. Mr. Harold Hansen (No address given) Mr. Hansen said he was adamantly opposed to the civic center. He thinks education is the first priority. Mr. Sherrill Parks Statesville, NC Mr. Parks is in favor of the civic center as a means to help raise tax reveues and stimulate the economy. Mr. Victor Crosby Harmony, NC Mr. Crosby said he was not opposed to the civic center as such. Thinks we need to care care of basics first. Discussed consolidation of schools. Mr. Ron Hawkins Statesville, NC Mr. Hawkins is a member of the civic center authority. Said he was not in favor and not opposed. He is unbiased. Mr. Jim Hollar (No address given) Mr. Hollar said he thought water and sewer needs should come first. He discussed the consoli- dation of the schools. Thought the civic center was a lower priority than any of these things. He thought the civic center should be a separate issue when it comes to a vote. Mr. Pete Meletis Statesville, NC Mr. Meletis said the authority has completed its work from the standpoint of presenting infor- mation that you have. He said Mr. Hawkins expressed himself very satisfactorily on behalf of the authority and on his behalf. He said the authority members were to remain unbiased in their opi- nions. He thought the people should have a voice by voting on this issue. Mr. Sam Hindman Statesville, NC Mr. Hindman said he was against the civic center because it is a tax-supported institution. He thought other priorities are much greater. Mr. N. S. Gaither, III Harmony, NC Mr. Gaither was in favor of the civic center coming to a vote to the public. Miss Hilliary Grenberg Statesville, NC Miss Grenberg said she was for the people have the vote on the civic center. Mr. David Boone (No address given.) Mr. Boone said government was already too big. Did not want any more taxes. Said the vast majority of the people are opposed to the civic center. Mr. John Marshall Statesville, NC of Mr. Marshall said he thought the public needs to have the opportunity to decide whether they will have a civic center. Mrs. Frances Jones Statesville, NC Mrs. Jones said she was not in favor of the civic center. Did not want her taxes raised. Mayor David Pressly Statesville, NC Mr. Pressly is in favor of the referendum for the civic center. Mr. Johnny Gregory Statesville City Council Mr. Gregory said the Statesville City Council has gone on record as wanting the county commis- eee ‘ 48/7 sioners to put it to a vote of the people. Brief recess. MOTION from Commissioner Mills to adjourn to public hearing for the purpose of resuming the Ridgecliff Planned Residential Development Special Use District Hearing. VOTING: Ayes - 5; Nays - 0. RIDGECLIFF PLANNED RESIDENTIAL DEVELOPMENT - SPECIAL USE DISTRICT HEARING, CONTINUED: POPE: I believe all the evidence has been presented, is that correct, Miss Beckham? BECKHAM: Yes. POPE: Mr. Jennings, do you have any further evidence you desire to present to the commission- ers in the public hearing on your rezoning request? JENNINGS: I just wanted to add these. POPE: We are going to ask the staff if they have any recommendations. I ask you now, whether there is any other evidence to be presented? JENNINGS: No. POPE: Is there any questions by any of the commissioners to either of these witnesses? Ms. Beckham, I understand the staff has a recommendation to the commissioners, and that is that recommendation would assume that the commissioners were able to find facts that would support it. BECKHAM: Yes. The first recommendation is that no modification will be permitted except on application of the homeowners' association. The second is that 11 piers will be permitted with up to 21 slips allowed. The locations of the piers will be selected by the homeowners' association. Number 3. The open space shown on Exhibit #1 will be owned by the home owners association, subject to a well easement reserved by the developer. Number 4. The special use permit is subject to: (a) Approval by the district highway engineer. (b) Plans for water and sewer be approved by the state or local health authorities as appropriate. (c) Liability insurance as required by ordinance in effect at the time of the issuance of the first building permit. Number 5. Units shown on Exhibit #1, as attached may be built detached, but no more units per lot shall be built than are shown on Exhibit #1. No side yard set back will be required between units shown as attached if built detached. Number 6. Lots shown with multiple units may be divided by the developer without requiring a modification into as many lots as there are units shown on Exhibit #1. I would recommend that these six recommendations become a part of the Special Use Permit. MURDOCK: I want you to read #1 please again. BECKHAM: No modification will be permitted except on application of the home owners' associa- tion. The reasoning there is potentially you have as many as 21 different owners in this development, and to provide for an orderly process of modification, that modification would have to be presented and agreed upon by the homeowners' association. Murdock:Ithink I understand what you're saying, but I have a question there. At what point would the homeowners’ association be formed if two or three people, three or four lots are sold, would it be formed then? Suppose some modification wanted to be in the first lots sold, there would be no homeowners' association, would there? BECKHAM: That will be provided for in the bylaws of the homeowners' association. It will be described at what point the developer would cease to become the homeowners' association. As I understand it, when it is first set up and Mr. Jennings is the only owner, he is the homeowners' association. But at such time, be it four units, five units, six units, then he would relinquish control to that majority. HEDRICK: That was a good question, Frances, and the first few words that I missed, just read the first part of that first recommendation there. BECKHAM: No modification will be permitted except on application of the homeowners' associa- #5 Py Spt. 488 tion. HEDRICK: Is “permitted” a better word than "considered"? Is "permitted" tying us down to having to approve it? POPE: "Considered" might be a better word. The reason we discussed that is that this is sort of a hybrid arrangement. We're going to end up with up to 21 different owners in here, some of whom might come in and want a modfication, others not want one, and we don't know who to listen to. So we just figured we had to put somebody in control. MILLS: Should part of this recommendation be that the septic tank point? POPE: It might be if you think it's important. MILLS: I happen to think it is. BECKHAM: I didn't hear. MILLS: Put in there the restriction, restricted to septic tanks. JENNINGS: If there was a municipal sewer available-- MILLS: Oh, certainly, municipal sewer, but not waste water treatment facilities. BECKHAM: Counselor, would you like to help me word that? MILLS: I mean, you're the one that said you're going to use septic tanks, and all I'm saying JENNINGS: Correct. What I'll do in my deed restrictions, I will require the people to hook on to waste water treatment plants if there's one available, and so I wouldn't, I'd hate for us to have a condition to use septic tanks and not allow for hooking on to any available wastewater utility. MILLS: You know, there's a difference between a municipal sewage plant and a wastewater package treatment facility, and I'm not going to vote for any of these daggone things that come up here with the wastewater treatment facility, and I told you that. And everyone of them that comes up here, if you don't agree to it, I'm going to vote against it. That's one person that won't vote for it if it's not in there. STEWART: Well, I'm not certain that I would want to require that. JENNINGS: In this particular, if you will, in this particular community, that's not going to be a problem. It wi’. be single-family, individual septic tanks because of the nature of the development being so low density. It has such a small population that it just won't fit the construction. But I appreciate that comment because -- HEDRICK: Well, if it's going to be in the deed restriction, it may as well be in the recommen- dation. JENNINGS: Well, you know, if everybody's repaired their septic tanks and they break down someday, the health department requires a different method, I don't see the homeowners’ association having to do something like that just to provide a healthy community. POPE: Each unit constructed will be served by a septic tank approved by the appropriate health authority. Each dwelling unit. (Not clear) . JENNINGS: Each one of them will be built with a septic tank? That'll be good. That way we don't have to deal with the future. STEWART: Well, what I'm saying is I can see that being a requirement if each board member feels that should be that way, but for that to be made a part of the special use, I can't go along with that because that's not a priority for my voting for it. Now it may be for Mr. Mills and some of the others board members, but I'm not opposed to package treatment plants, and I don't see that as being a requirement in order for me to vote for a project of this type. JENNINGS: It's satisfactory with me to have this wording this way. POPE: Any other questions? MILLS: The only reason I wanted either one way or the other is that I don't like what we went through with Heronwood. I don't like what I foresee and understand is going to happen, for the very reason that we said and then they said it wasn't said, and then we end up going to court over that. I just want it perfectly clear one way or the other. If you're agreeable to it, I think that's what you said, then we go that way and JENNINGS: 1 understand, and I agree with that. MILLS: If it's not an issue. POPE: Are there any other conditions which the commissioners would like to see incorporated into the staff's suggestions? 489 In order to approve the request, the commissioners have to find certain facts and they have to conclude certain things. Basically, they have to conclude an environment of desirability and stability will be maintained, the zoning ordinance will be complied with, that the water in Lake Norman will be protected, that the health regulations will be complied with, and that the units will not exceed 35' in height and will be located so as not to violate the set back requirements and that sort of thing. If the commission feels that it can find those facts and instructs me to prepare findings of fact concluding that, and it feels it can make the requisite conclusions from those facts, instructs me to prepare those conclusions, then it would be in order for the commissioners to adopt either the proposal from the staff which contains the seven conditions you've heard or some modification thereof. HEDRICK: Well, the recommendation, as I understand it, would be to approve the PRD with the recommendations that you read and were amended with the consent of Mr. Jennings, and is there any other recommendation or requirements or restrictions? If not, then the motion would be in order that this be approved and that counsel be instructed to prepare findings of facts and conclusions with the conditions superimposed. MILLS: I move we adjourn from public hearing. VOTING: Ayes - 5; Nays - 0. HEDRICK: I move, then, that we approve this PRD request, more specifically described as Iredell County Tax Map 30, Block A, Portion of Lot 52, subject to the recommendations of the staff as amended and that counsel be instructed to submit findings of fact to justify our recommendations. Any discussion? VOTING: Ayes - 5; Nays - 0. Motion carries. DOWNTOWN STATESVILLE DEVELOPMENT CORPORATION FUNDS: Mr. John Marshall and Miss Hilliary Gren- berg came before the board regarding the captioned matter. A slide presentation was presented regarding the activities of the Downtown Development Corporation. After a brief discussion, MOTION from Commissioner Mills to approve the $5,000 funding allocated in the 1985-85 county budget. VOTING: Ayes - 5; Nays - 0. YADKIN/PEE DEE RIVER BASIN, APPOINTMENTS: The following nominations were made: Commissioner Crosswhite nominated Mrs. Lois Walker and Mrs. Alice Stewart for the two open positions. Length of terms: 7/1/85-6/30/88. MOTION from Commissioner Murdock to close the nominations. VOTING: Ayes - 5; Nays - 0. MOTION from Chairman Hedrick to elect Mrs. Walker and Mrs. Stewart by acclamation. VOTING: Ayes - 5; Nay s- 0. PERSONNEL ORDINANCE, FINAL DRAFT: The county manager presented the board with the final draft of the personnel ordinance. At the last meeting the board requested that a copy of this be available at the county manager's office for the employees to have an opportunity to look at it before adoption. Mr. Deal said all supervisors had had an opportunity to discuss the ordinance. MOTION from Commissioner Murdock to adopt the Personnel Ordinance as presented. VOTING: Ayes - 5; Nays - 0. (Filed In Ordinance Book, pp. 494-530.) TIRE SLICER, INFORMAL BIDS: Informal bids for a tire slicer at the landfill was presented to the board. The following is the list of bids received: Cox Tire Machinery Co., Charlotte, NC $7,350. Dorsey Rubber Co., Charlottesville, VA $7,442.94 Myers Tire Supply, Charotte, NC $7,450. Tire Rebuilders Supply Winston-Salem $7,607.70 Branick Industries, Inc., Fargo, ND $8,453. Mr. Deal, county manager, recommended the low bid, Cox Tire Machinery Co., at $7,350. Mr. Deal also made a recommendation that the board establish a schedule of fees for operating the tire slicer, and that this fee schedule be established between the present date and the time the equipment becomes operational. Adjustments may have to be made as we go along, he said, and it may itn big PNM: Aa kA aes MRO RR DMB cat 490 fluctuate. Mr. Deal also made a recommendation that a specific time be set up for receiving tires. Meet- ings are being arranged with all the major tire handlers to discuss with them the schedules of how they would be taken in and at what time they would be taken. MOTION from Chairman Hedrick to accept the low bid of Cox Tire Machinery Co., Charlotte, NC in the amount of $7,350. for the tire slicer. VOTING: Ayes - 5; Nays - 0. RESOLUTION REGARDING THE KIDNEY DIALYSIS MACHINE: Postponed until the next meeting. Comments were requested by the board from the hospital administrators regarding the need for this equipment in the county. HISTORICAL PROPERTIES COMMISSION: Chairman Hedrick said Mrs. Pat Crooks from the Historical Properties Commission had called him to inquire about the amendment to the Historical Properties Ordinance. He inquired if the county manager had any information on this matter. Mr. Deal said he needed to meet with the county attorney on this. There are some questions that need to be resolved. IREDELL MEMORIAL HOSPITAL BUILDING PROJECT CONTRACTS:The county manager presented contracts in reference to the building project at Iredell] Memorial Hospital. He explained to the board that all contracts had to be approved by the board. The contract presented to the board was with Superior Paving for approval by the board. Mr. Deal recommended the board approve this contract based upon his going over the contract with the county attorney to see that it meets his approval. The total amount of the contract is $102,201. This is for an emergency standby water system. Another contract for the electrical work in the amount of $12,371 is also presented for approval. This amount of funds is included in the hospital budget. MOTION from Chairman Hedrick to approve the contract for Superior Paving in the amount of $102,201, and to Ind-Com Electric Company, Box 18453, Charlotte, in the amount of $12,371, subject to the county attorney's approval and authorizing the chairman to sign in behalf of the county. VOTING: Ayes - 5; Nays - 0. DEPARTMENT OF NATURAL RESOURCES OFFICE, MOORESVILLE: Mrs. Jessie Crosswhite said she had talked to Representative Brawley regarding the Department of Natural Resources office being left at Moores- ville. She said that Mr. Jim Graham went on record today at Council of State in favor of keeping it in Mooresville. This was for information. LOWRANCE HOSPITAL: Mr. Bill Pope, county attorney, discussed procedural matters of the Lowrance Hospital sale/lease arrangement. Two county commissioners are to be appointed to a stee- ring committee/task force for the purpose of receiving the bids from the bidders for Lowrance Hospital and negotiating with them so that the laws will be complied with and the best arrangement for the sale/lease will be made. Mr. Deal, county manager, said the purpose of this was that the two county commissioners would be knowledgeable of what is going on and will keep the other commissioners informed. Mr. Deal said he would be sending cut letters to all the firms who provide federal and state funds to the hospi- tal. He will also be sending out requests for proposals to the companies who will be bidding on the lease/purchase matter. The next step in the lease/purchase arrangement is September 5, 1985, when the board will be adopting of a Notice of Intent. This meeting tonight will be recessed to September 5, 1985, at the County Annex Building for the purpose of adopting this intent. Chairman Hedrick said this must be a unanimous adoption, and he asked that the board members get in touch with the county manager prior to the 5th of September if they have any questions regarding this sale/lease. Chairman Hedrick asked for two volunteers from the board to serve on this task force. Commis- sioner Alice Stewart volunteered for the task force, and one other member is to be chosen at a later date. WEST IREDELL WATER CORPORATION: Mr. Sam Hindman, president of the West Iredell Water Corpora- tion, was present and asked about the water and sewer study that the county is having done. Mr. Hindman was to receive a copy to study. In discussing the recent request from West Iredell Water Corporation for funds, Mr. Hindman said he was waiting for information from his engineers before he could give the county commissioners a full report. He also said that he believed an elevated storage tank was a better solution to the problem. Mr. Mills asked Mr. Hindman to find out the capacity of the Alexander Water Corporation and bring this information to the board when he returns. ADJOURN: Motion from Chairman Hedrick to adjourn at 1:05 a.m. Next meeting is September 5, 1985, 7:30 p.m., Iredell County Annex Building, Statesville, NC. 4 Me. het Saat) Clerk to the Board &) . approveo: //te/ S$ 19S la oe 491 IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES SEPTEMBER 5, 1985 The Iredell County Board of Commissioners met in Adjourned Regular Session on Thursday evening, September 5, 1985, 7:30, Agricultural Center Conference Rooms 1 and 2, Statesville, NC. Present for the meeting were: Larry S. Hedrick, Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Absent: William A. Mills Staff present: J. Wayne Deal, County Manager F. William Furches, Jr., Finance Officer Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick INVOCATION: By Chairman Hedrick PROPOSED SALE/LEASE OF LOWRANCE HOSPITAL, INC.: The county manager gave the board information on what has been done in preparation of the proposed sale/lease of Lowrance Hospital, Inc. MOTION from Chairman Hedrick to adopt the resolution that follows. Mr. Hedrick asked that both the county attorney, William P. Pope, and the county manager, J. Wayne Deal, review the documents before they are mailed. NOTICE OF INTENT TO SELL OR LEASE LOWRANCE HOSPITAL, INC. WHEREAS, Lowrance Hospital, Inc. has faithfully served the health care needs of the citizens of Iredell County for many years; and WHEREAS, Lowrance Hospital, Inc. has recently experienced operational difficulties; and WHEREAS, certain of the assets used by Lowrance Hospital, Inc. are owned by Iredell County with other such assets being owned by Lowrance Hospital, Inc.; and WHEREAS, the Board of Directors of Lowrance Hospital, Inc. desires to assure continuity in providing acute hospital care for the citizens of Iredell County and has determined that the health _ care needs of Iredell County can best be served by Lowrance Hospital, Inc. either being sold or leased; and WHEREAS, the Board of Directors of Lowrance Hospital, Inc. has recommended to the Commissioners of Iredell County that Lowrance Hospital, Inc. be either sold or leased and has requested the Commissioners of Iredell County to commence proceedings to that end. NOW, THEREFORE, BE IT RESOLVED: 1. That the Board of Commissioners of Iredell County hereby gives notice: a. That it intends to do and will receive proposals to ¢ purchase or lease all of the assets owned by both Iredell County and Lowrance Hospital, Inc. Said assets are generally described as several tracts of real estate in the Town of Mooresville with the three buildings located thereon and al! of the personal property heretofore used by Lowrance Hospital, all of which is available for inspection at the site of the hospital in Mooresville. . Proposals will be received in the office of the county manager of Iredell County, North Carolina, in Statesville until 5:00 p.m. on the 15th day of September 1985. . Among known potential buyers of lessees are the following: te ¢ ee . ae es . ” mn jeu WR, i nM We mee a Tiga , —— _ A BER sha epee cea a es AMO ks a Naa A Ear ; yee eae 492 (1) Health Care Management Corporation, Columbus, GA; (2) Financial Architects, Inc., Hickory, NC; (3) Community Hospitals of Mid-America, Columbus, OH (4) National Medical Enterprises, Inc., Los Angeles, CA; (5) Humana Corporation, Louisville, KY d. Additional buyers and lessees shall be aggressively soliciated by the Board of Directors of Lowrance Hospital, Inc., and this document shall serve as solicitation notice. e. A copy of this notice and resolution shall be sent to all known solicited buyers or lessees. f. The Board of Commissioners of Iredel! County reserves the right to negotiate the terms of lease or sale with all those submitting proposals and reserves the right to reject any or all proposals. g. The successful purchaser or lessee will be required to comply with Chapter 131E£ of the North Carolina General Statutes and shall in addition submit the following information: (1) concerning initial capital and sufficient capital on an ongoing basis to maintain current operating expenses; (2) canital for future needs and aggressive physician recruitment; (3) plans for providing job security for hospital employees; (4) plans showing the anticipated level and manner of providing indigent hospital care; (5) plans for maintaining reasonable and competitive rates for hospital and health care. h. Each person submitting proposals shall in addition submit information on charges, services and indigent care at similar facilities owned or operated by the proposed lessee or buyer. i. The administrator of Lowrance Hospital, Inc. shall give specific written notice by certified mail to the local office of each state supported program that has made expenditures in Lowrance Hospital, Inc., to the Department of Human Resources, and to the Office of State Budget and Management. j. On September 5, 1985, at 7:30 p.m. in the Agricultural Building in Statesville, North Carolina, the Board of Commisssioners of Iredell County intends to adopt a resolution of its intent to sell or lease Lowrance Hospital, Inc., including assets thereof owned by Lowrance Hospital, Inc. On September 23, 1985, or as soon thereafter as said hearing may be arranged, the Board of Commissioners of Iredell County will conduct a public hearing in Mooresville, North Carolina, concerning sale or lease of Lowrance Hospital, Inc. This the 5th day of September 1985. Larry S. Hedrick, Chairman Iredell County Board of Commissioners Alice Fortner Clerk to the Board VOTING: Ayes - 4; Nays - 0; Absent - 1 (Mills). The date of the Public Hearing on the issue of Lease/Sale of Lowrance Hospital, Inc. is set for September 23, 1985, 7:30 p.m., Roland Morgan Auditorium, Mooresville Senior High School, 659 E. Center Ave., Mooresville, NC. SALE OF SURPLUS PROPERTY: A list of surplus property was submitted to the board for approval. The board was requested to grant approval for all the property to be sold at public auction, with the exception of two items of computer equipment that the staff desires to sell at private nego- tiated sale. r iialien ho. salad a abla Taal sl amaaatings Ribs a AS 5p AM Nelle pile. 2 493 MOTION from Commissioner Murdock as follows: Whereas, the County of Iredell has possession of a number of items of personal property which are surplus to its needs and desires to dispose of them. Now, therefore, be it resolved by the Board of Commissioners of Iredell County that F. W. Furches, Jr., County Finance Officer, pursuant to the provisions of G. S. 160A-270, is hereby authorized to dispose of all of the personal property as listed for cash at an auction, and the said Finance Officer be further authorized and directed to execute necessary functions associated with this auction, to be held Saturday, October 5, 1985, at 10:00 a.m., at the Iredell County Hall of Justice, corner of North Tradd Street and Stockton Street, Statesville, NC. AMENDMENT from Chairman Hedrick that the sale be an absolute sale for the items that are to be 1 sold at public auction. The following is the list of items to be offered for absolute sale at public auction on Saturday, September 28, 1985, at 10:00 a.m., Hall of Justice, rear parking lots. TRUCKS ITEM NO. YEAR MAKE SERIAL NO. 1 1970 Dodge 0-100 D13AB0S175988 2 1977 Ford Clubwagon E23HHY79804 3 1978 Ford Courier SGTBUL04356 4 1978 Ford Courier SGTBUY 14517 5 1977 Ford F-100 F10GNY48179 6 1977 Ford F-100 F10GNY48176 7 1973 Chevrolet C-10 CCY143B166390 8 1977 Ford Clubwagon E23HHZ03268 9 1978 Ford Courier SGTBTE97201 CARS ITEM NO. YEAR MAKE SERIAL NO. 10 1980 Chevrolet Wagon 1L350A1199397 11 1981 Dodge Diplomat 1B3BM46N9BG158209 12 1981 Dodge Diplomat 1B3BM46N7BG158211 13 1981 Dodge Diplomat 1B3BM46N9BG1 58212 14 1981 Dodge Diplomat 1B3BM46N0BG158213 15 1981 Dodge Diplomat 1B3BM46N2BG158214 16 1981 Dodge Diplomat 1B3BM46N4BG158215 17 1981 Dodge Diplomat 1B3BM46N6BG158216 18 1981 Dodge Diplomat 1B3BM46N1BG158219 19 1981 Dodge Diplomat 1B3BM46N8BG158220 TRACTOR ITEM NO. YEAR MAKE SERIAL NO, 20 1975 Ford Mower 09JC3310 anal EQUIPMENT ITEM NO. DESCRIPTION VISIBLE CONDITION 1 Dukane film strip projector broken 2 Underwood adding machine works 3 A. B. Dick copier unknown 4 General Electric fan heater broken 5 Arvin heater broken 6 Reg. ping pong table w/4 paddies & net good 7 Reg. ping pong table w/4 naddles & net good 8 Reg. ping pong table w/4 paddies & net good 9 Reg. ping pong table w/4 paddles & net good 10 Reg. ping pong table w/4 paddies & net good 11 Reg. ping pong table w/4 paddles & net good ‘ 12 Reg. ping pong table w/4 paddies & net good 13 Reg. ping pong table w/4 paddles w/o net good 14 Reg. ping pong table w/4 paddles w/o net good 15 Reg. ping pong table w/4 paddies w/o net good 16 Reg. ping pong table w/4 paddles w/o net good 17 Reg. ping pong table w/4 paddles w/o net good 18 Reg. ping pong table w/4 paddies w/o net good 19 Reg. ping pong table w/4 paddles w/o net good 20 Fold and carry metal table fair Fold and carry metal table fair Fold and carry metal table fair Fold and carry metal table fair Bed patient lift good E wr ae ae eee ee eee ee _ " oe i Laas ARAN 3622S Secs WMO AMA AERUBE SE CtaC cak! CY " iw 494 25 Marchant calculator no cord 26 Marchant calculator no cord 27 Burroughs calculator good 28 Burroughs calculator no cord 29 Burroughs calculator good 30 A. B. Dick memograph machine good 31 Underwood electric typewriter good 32 Olivetti electric typewriter good 33 File box w/lock and key good 34 File box w/lock--no key good 35 Two-drawer file box for 8x5 cards good 36 Two-drawer file box for 3x5 cards good 37 Two-drawer file fox for 3/5 cards good 38 Group of 7 file drawers--no cabinet good 39 Sterilizer unknown 40 Ring worm light good 41 X-ray machine broken 42 RH type box good 43 Leather bag good 44 Scale broken 45 Dictaphone machine no mic. 46 PH meter works 47 Survey pole good 48 Blackboard w/stand good 49 Sterilizer unknown 50 Leather bag good 51 Pamphlet rack good 52 Baby scale good 53 Projection screen torn 54 Heaith & hygiene program chart w/stand poor 55 Utility cart fair 56 Group of 6 large post binders good 57 Knee and back orthopaedic braces good 58 Medical instrument containers fair 59 Bunsen burner stands good 60 Groun of 4 crutches good 61 Underwood manual typewriter good 62 Film strip projector unknown 63 Pair of pillo polo bats good 64 Pair of nillo polo bats good 65 Pair of pillo polo bats good 66 Pair of pillo polo bats good 67 Pair of pillo polo bats good 68 Pair of pillo polo bats good 69 Pair of pillo polo bats good 70 Pair of pillo polo bats good 71 Pair of pillo polo bats good 72 Pair of pillo polo bats good 73 Pair of pillo polo bats good 74 Pair of pillo polo bats good 75 Group of 4 tennis racquets good 76 Group of 4 tennis racquets good 77 Group of 4 tennis racquets good 78 Group of 4 tennis racquets good 79 Large box of badminton suttlecocks good 80 Box of chess pieces and 5 playing boards unknown lene 81 Box of various games unknown 82 Box of various games unknown 83 Box of various games unknown 84 Box of various games unknown 85 Box of various games unknown 86 Box of various games unknown 87 Box of various games unknown 88 Box of various games unknown 89 Box of various games unknown 90 Box of various games unknown 91 Box of various games unknown Z 92 Box of various games unknown 93 Box of various games unknown 94 Box of various games unknown 95 Box of various games unknown 96 Box of various games unknown 97 Box of various games unknown 98 Box of various game nets unknown 99 Carrom board game unknown 100 Carrom board game unknown 101 Carrom board game unknown Carrom board game unknown Carrom board game unknown Carrom board game unknown Carrom board game unknown Carrom board game unknown 495 i 107 Carrom board game unknown 108 Carrom board game unknown 109 Carrom board game unknown 110 Carrom board game unknown 111 Carrom board game unknown 112 Carrom board game unknown 113 Carrom board game unknown 114 Carrom board game unknown 115 Carrom board game unknown 116 Carrom board game unknown 117 Carrom board game unknown 118 Carrom board game unknown j 119 Paddle kickball game unknown 120 Paddle kickball game unknown 121 Paddle kickball game unknown 122 Paddle kickball game unknown 123 Paddle kickball game unknown 124 Paddle kickball game unknown 125 Paddle kickball game unknown 126 Paddle kickball game unknown 127 Paddle kickball game unknown 128 Paddle kickball game unknown 129 Paddle kickball game unknown 130 Paddle kickball game unknown 131 Paddle kickball game unknown 132 Paddle kickball game unknown en 133 Floor tennis game unknown 134 Floor tennis game unknown 135 Floor tennis game unknown 136 Floor tennis game unknown 137 Floor tennis game unknown 138 Floor tennis game unknown 140 Floor tennis game unknown 141 Floor tennis game unknown 142 Floor tennis game unknown 142 Floor hockey set unknown 144 Floor hockey set unknown 145 Carrier air conditioner broken 146 Hot Point air conditioner broken 147 Large instrument sterilizer fair 148 Paymaster check protector good 149 Underwood manual typewriter fair 150 Small instrument sterilizer fair 151 Hortvet cryoscope fair 152 Supplies for 840 Savin copier like new 153 Hyfrecator like new 154 Canon calculator broken 165 Monroe calculator broken 156 Supplies for 3100 Xerox copier like new 157 Supplies for 720, 914, 1000, 813 Xerox like new 158 Portable microfilmer unknown 159 Master/transparency maker good 160 Supplies for 660 Xerox copier like new 161 Pitney-Bowes 253 copier w/supplies good 162 Junior hockey goal unknown sal 163 Junior hockey goal unknown 164 Junior hockey goal unknown 165 Junior hockey goal unknown 166 Junior hockey goal unknown 167 Group of 6 green storage file boxes fair 168 Group of 6 green storage file boxes fair 169 Group of 6 green storage file boxes fair 170 Group of 6 green storage file boxes fair 171 Group of 4 jokari paddles good 172 Group of 4 jokari paddles good 173 Group of 4 jokari paddles good 174 Group of 4 jokari paddles good 175 Group of 4 jokari paddles good Z 176 Group of 4 jokari paddles good 177 Group of 4 jokari paddles good 178 Group of 4 jokari paddles good 179 Group of 4 jokari paddles good 180 Group of 4 jokari paddles good 181 Group of 4 jokari paddles good 182 Group of 4 jokari paddles good 183 Group of 4 jokari paddles good Hotsy high pressure washer fair Duncan blueprint maker fair Burroughs check signer broken Metal coat & hat rack good Boxes of discarded library books containing approximately 4,000 books unknown 496 Whereas, the County of Iredell has possession of a number of items of personal property which are surplus to its needs and desires to disnose of same. Now, therefore, be it resolved by the Board of Commissioners of Iredell County that F. W. Furches, Jr., County Finance Officer, pursuant to the provisions of G. S. 160A-270, is hereby authorized to dispose of all of the personal property as listed for cash at a private negotiated sale, and the said Finance Officer be further authorized and directed to execute necessary functions associated with this sale, to be held October 17, 1985, at 10:00 a.m., at the Iredell County Annex Building, 200 South Center Street, Staesville, NC. VOTING: Ayes - 5; Nays - 0. Items declared surplus to be disposed of through private negotiations: 1 Ward transformer good 2 Hewlett-Packard tape drive good In discussing the library books that have been declared surplus, Chairman Hedrick asked Commissioners Murdock and Crosswhite to come up with a plan to dispose of the books. SOUTHERN PIEDMONT HEALTH SYSTEMS AGENCY - APPOINTMENT: SPHSA has notified the county manager that a vacancy is occurring on the captioned board. Mrs. Nell Dickerson's terms expires in October 1985, and one consumer representative will need to be appointed to this board for a three-year term. This appointment should be reported to SPHSA by October 17, 1985. After a discussion, the board delayed appointment until the September 10th meeting. LIABILITY INSURANCE: The county manager, Mr. Wayne Deal, reported to the board that the liability insurance has been dropped. He has found a carrier that would provide $5 million in liability insurance at an annual premium of $26,000. Mr. Deal said in operations like the landfill, ambulance service, and sheriff's department, one accident could put the county in a situation where a $5 million policy would be needed. The county manager recommended that the board continue this coverage he has bound temporarily. Liability insurance is prorated in each department's budget. A budget amendment for this insurance could be made at a later time, Mr. Furches said. Some departments may have enough funds in their budgets to take care of their shares. MOTION from Chairman Hedrick to obtain the umbrella (liability) insurance that is bound now and covert it to a policy for full coverage. VOTING: Ayes - 4; Nays - 0. TELEPHONE SERVICE, PBX VERSUS SWITCH SYSTEM: Mr. Deal, county manager,said he had discussed with Mr. David Bailey of Centralina Council of Governments the PBX system versus the switch system for the county. Mr. Deal said the PBX offers some advantages and that the key (switch) system offers some advantages. The PBX offers more management tools, but the switch system offers quicker installation and is easier to use. He said the board needed to make a decision, and his recommenda- tion is to authorize Mr. Bailey to proceed with the telephone system for the county, using the switch system. That method would allow the county to do something quicker in the sheriff's department. This is the same cost originally proposed by Mr. Bailey, which will be a big saving over what is now being paid. MOTION from Commissioner Stewart to authorize the county manager to seek bids on the telephone system using the key (switch) system, with special emphasis on the sheriff's department. VOTING: Ayes - 4; Nays - 0. FAIR LABOR STANDARDS ACT: Mr. Wayne Deal, county manager, reported to the board that there would be some significant changes in order to comply with the FLSA. It may become necessary to go to a bi-weekly payroll, he said, and he recommended that office hours from 8:00 a.m. until 5:00 p.m. be observed in all the county offices. It was reported that there is a bill in Congress to excuse counties from the Fair Labor Standards Act overtime pay. After discussion, the board requested the clerk to write a resolution for the board to adopt on September 10th. INSPECTIONS DIRECTOR, JERRY LUNDY: The county manager, Mr. Deal, reported that the new direc- tor of inspections is now on board, and he was pleased with his work. At some point, Mr. Deal said he would like to have Mr. Lundy come in executive session and discuss the department's activities further. PROPOSED WASTE WATER TREATMENT ORDINANCE PUBLIC HEARING: Mr. Deal reported that Mr. Jerry Davenport, special counsel for the drafting of the captioned ordinance, is on standby to attend the September 10th meeting, if the board desires to have him present at this hearing. After a discussion it was the consensus of the board that it would be unnecessary for him to be present on September 10th. REQUEST FOR RESOLUTION OF SUPPORT FOR DIALYSIS MACHINE: The clerk was asked to get information regarding the captioned service and write a resolution for the board's adoption on September 10th. tli BANNR PMh a Me MCs th 497 SPECIAL RESOLUTION OF HONOR - DENVERD HODGES: Commissioner Murdock asked that a resolution of honor be written for Denverd Hodges who has served the maximum number of terms on the Tri-County Mental Health Board. This resolution is to be presented for board adoption on September 10th. EXECUTIVE SESSION: MOTION from Chairman Hedrick to adjourn to executive session for the purpose of discussing a personnel matter. VOTING: Ayes - 4; Nays - 0. MOTION from Chairman Hedrick to adjourn to regular session. VOTING: Ayes - 4; Nays - 0. ADJOURN: Motion from Chairman Hedrick to adjourn. Time: 9:30 p.m. Next meeting; September 10, 1985, 7:30 p.m., County Annex Conference Room, Statesville, NC. UY Li CHS 5 ae a Lyte Clerk to the Board wi I approveD: A /4z7’. 4, / G&S Jb ] IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES SEPTEMBER 10, 1985 The Iredell County Board of Commissioners met in Adjourned Regular Session on Tuesday evening, September 10, 1985, 7:30, County Annex Conference Room, Statesville, NC. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney Lisa Beckham, Planning Director Others present: Skip Green Jerry Davenport CALL TO ORDER: By Chairman Hedrick INVOCATION: By Chairman Hedrick RESOLUTION HONORING DENVERD E. HODGES, RETIRING TRI-COUNTY MENTAL HEALTH ADVISORY COMMITTEE MEMBER: Motion from Chairman Hedrick to adopt the following resolution: RESOLUTION OF APPRECIATION Whereas, Denverd E. Hodges was appointed to the Tri-County Complex Alcoholic Advisory Committee on December 3, 1975, and d Whereas, he was appointed to the Tri-County Mental Health Agency area board on December 15, 1976, and has served two four-year terms, the maximum amount permitted, and Whereas, during his tenure of service to Tri-County Mental Health Agency he has served two years as vice chairman, a maximum two-year term as chairman, and chairman of the finance committee, and WHEREAS, Denverd E. Hodges was instrumental in the growth aa ids BM oe BLea Ui ata aR 498 of this agency and the expansion of its projects, there being six facilities in 1976, at the beginning of this term of office, and a total of 15 facilities in 1985, at the conclusion of his tenure. NOW, THEREFORE, the Iredell County Board of Commissioners hereby expresses its appreciation to Denverd E. Hodges for his outstanding work and leadership in the Tri-County Mental Health Agency and his great contribution to the citizens of Iredel] County. IREDELL COUNTY BOARD OF COMMISSIONERS s/Larry S. Hedrick Chairman ADOPTED: 10 September 1985 VOTING: Ayes - 5; Nays - 0. Mr. Denverd E. Hodges was present to receive this resolution from the board. FAIR LABOR STANDARDS ACT, OVERTIME EXCLUSION FOR COUNTIES: MOTION from Chairman Hedrick to adopt the following resolution: SPECIAL RESOLUTION WHEREAS, Iredell County has over 300 employees and an annual payroll of $5.4 million, and WHEREAS, the Fair Labor Standards Act Overtime Provision would require an additional expenditure in excess of $100,000 annually, NOW, THEREFORE the Iredell County Board of Commissioners hereby seeks your support in having counties exempted from the Fair Labor Standards Act Overtime Bill that is presently before the United States Congress. Adopted September 10, 1985. IREDELL COUNTY BOARD OF COMMISSIONERS s/Larry S. Hedrick Chairman VOTING: Ayes - 5; Nays - 0. KIDNEY DIALYSIS HEALTH CARE NEED: MOTION from Chairman Hedrick to adopt the following resolu- tion: SPECIAL RESOLUTION WHEREAS, the Iredell County Board of Commissioners recognizes special needs of some of its citizens, and WHEREAS, a kidney dialysis health care center would meet the needs of a certain group of Iredell County citizens, THEREFORE, the Iredell! County Board of Commissioners, at is meeting on September 10, 1985, hereby goes on record as stressing this special need. IREDELL COUNTY BOARD OF COMMISSIONERS s/Larry S. Hedrick Chairman VOTING: Ayes - 5; Nays - 0. PUBLIC HEARING: Chairman Hedrick adjourned the meeting to a public hearing as advertised. COMMUNITY DEVELOPMENT BLOCK GRANT: Skip Green explained the purpose and nature of the grant and explained the procedures the county would need to go through in applying for a Community Development Block Grant. ¥ scene AOE ad ARs i het a ae ¢rr 499 No one else spoke regarding this proposed grant. Chairman Hedrick closed the public hearing and re-opened the regular meeting. COMMUNITY DEVELOPMENT BLOCK GRANT - RESOLUTION: MOTION from Chairman Hedrick to adopt the following resolution: WHEREAS, Iredell County has been requested by four firms who have committed to spend $5,800,000 in private investments and employ 104 full-time persons, of which 83 will have low/moderate incomes, if water and sewer facilities are extended to the I77/NC150 interchange; and | WHEREAS, additional firms are finalizing negotiations to locate in this area, one firm having optioned eleven acres of land with plans to invest $5,000,000 in plant and equipment and employing 150 persons in predominately skilled positions; and WHEREAS, this area is undergoing rapid residential growth; and WHEREAS, due to its proximity to the Lake Norman watershed, Iredell County desires to eliminate future installation of septic tank and septic tank fields and to promote planned growth in the area through water and sewer extensions; and WHEREAS, it is Iredell County's policy to participate in water and sewer extensions provided that the ownership and operation and maintenance of the facilities be that of the municipality, water/sewer district, etc., supplying treated water and/or treating wastewater; and WHEREAS, Iredell County cannot commit more than $200,000 of its Water and Sewer Fund toward the proposed project; and WHEREAS, Iredell County must assist in the construction of water and sewer facilities which will meet not only immediate but future needs and WHEREAS, preliminary engineering cost estimates to provide immediate water and sewer service to the 177/NC150 area is $725,000; and WHEREAS, preliminary engineering cost estimates to provide immediate and future water and sewer service to the I77/NC150 area is $1,125,000; and WHEREAS, the Town of Mooresville has agreed to construct, own and operate water and sewer extensions to serve the I77/NC150 interchange; and WHEREAS, the Town of Mooresville, contingent upon Iredell County receiving a State CDBG-ED grant, commits to use $56,532 of its FY 85-86 State sewer allocation and $30,440 of its FY 85-86 water allocation toward the extension of water and sewer facilities to the I77/NC150 interchange. NOW THEREFORE BE IT RESOLVED THAT: 1. Iredell County submit a $750,000 Small Cities-CDBG ED Application for 1985 funding consideration. 2. Contingent upon the approval of its 1985 CDBG-ED Application Iredell County commits $200,000 of its 1985-86 Water and Sewer Budget (General Fund) to be transferred to the Town of Mooresville's 1985 CDBG-ED 177/NC150 Construction Account. 3. Contingent upon the approval of its 1985 CDBG-ED Application Iredell County commits to transfer $90.671 of its 1985-86 sewer allocation and $22,356 of its water allocation to the Town of Mooresville to be used specifically for the construction of water and sewer facilities contained in its 1985 CDBG-ED Application. VOTING: Ayes - 5; Nays - 0. PUBLIC HEARING: Chairman Hedrick adjourned the meeting to public hearing. COMMUNITY DEVELOPMENT BLOCK GRANT: Skip Green explained the Community Development Grant Application process with the board. No one else present spoke regarding this proposed grant appli- cation. Chairman Hedrick adjourned the hearing back to regular session. RESOLUTION TRANSFERRING THE TOWN OF MOORESVILLE'S 1985-86 STATE WATER AND WASTEWATER ALLOCATION TO THE IREDELL COUNTY BOARD OF COUNTY COMMISSIONERS: MOTION from Chairman Hedrick to adopt the following resolution: WHEREAS, Iredell County is applying for a $750,000 Small Cities CDBG-ED grant to assist four firms who have committed to spend $3,000,000 in private investments and employ 111 full-time persons, of which 50 will have low/moderate income, if. water and sewer faciliteis are extended to 177/NC150 interchange; and Ascii etic REE : se Ot as a ao rele oe 7 rey 200 WHEREAS, the area surrounding this interchange is experiencing rapid residential growth and has tremendous potential for commercial and industrial growth; and WHEREAS, this area is located in the Lake Norman watershed and is adjacent to the Town of Mooresville's rew water intake; and WHEREAS, the Town of Mooresville fully supports Iredell County efforts to plan growth in this area and eliminate future septic tank installation in Lake Norman's watershed; and WHEREAS, it is Iredell County's water and sewer extension policy to participate in the construction of facilities into the county provided that the ownership and operation and maintenance of the facility be that of the municipality, water/sewer district, etc., supplying treated water and/or treating wastewater; and ‘“HEREAS, the Town of Mooresville is the appropriate unit to supply treated water to the I77/NC 150 area and collect and treat wastewater from this area. NOW, THEREFORE BE IT RESOLVED THAT: oe Contingent upon Iredell County receiving its requested 1985 Small Cities CDBG-ED grant, the County will trensfer $200,000 of its FY 85-86 Water and Sewer Funds to a construction account to be set up by the Town of Mooresville. 2. Contingent upon Iredell County receiving its requested 1985 Small Cities CDBG-ED grant, the County will transfer $90,671 of its 1985-86 sewer allocation and $22,356 of its water allocation to the Town of - Mooresville. 3. Contingent upon Iredell County receiving its requested 1985 Smal] Cities CDBG-ED grant, the Town of Mooresville commits $56,532 of its FY 85-86 State sewer allocation and $30,440 of its FY 85-86 water allocation. 4. The Town of Mooresville will acquire all necessary land through right-of - way, easements, encroachments, fee simple title to construct the facili- ties contained in Iredell County's 1985 Small Cities CDBG-ED Application. 5. The Town of Mooresville will solicit and employ engineers, award con- tracts, construct, own and operate facilities described in Iredell] County's 1985 CDBG-ED Application. 6. The Town of Mooresville will work with Iredell County to ensure that North Carolina Department of Natural Resources and Community Development Program Guidelines are met. VOTING: Ayes - 5; Nays - 0. PUBLIC HEARING - AN ORDINANCE GOVERNING COMMUNITY DISPOSAL WASTEWATER SYSTEMS IN IREDELL COUN- ¥¥: Chairman Hedrick adjourned the meeting to a public hearing for the purpose of hearing the captioned matter. The board discussed the provisions of the captioned ordinance and instructed Mr. Jerry Daven- port to make the necessary revisions in order that the board could consider final adoption at its meeting on September 17, 1985. Chairman Hedrick adjourned the meeting back to regular session. LOWRANCE HOSPITAL, INC., PROPOSED SALE/LEASE:MOTION from Commissioner Mills to extend the date for receipt of bids for the sale/lease of Lowrance Hospital, Inc. from September 15, 1985 to October 7, 1985 at 5:00 p.m. The board instructed that appropriate notices be sent to all bidders on the changing of the date. VOTING: Ayes - 5; Nays - 0. BRIEF RECESS. EXECUTIVE SESSION: MOTION from Commissioner Mills to adjourn to executive session to discuss personnel matters. VOTING: Ayes - 5; Nays - 0. MOTION from Commissioner Mills to adjourn from executive session. VOTING: Ayes - 5; Nays - 0. ADJOURN: Chairman Hedrick adjourned the meeting at 11:00 p.m. Next meeting September 17, 1985, 7:30 p.m., Mooresville Town Hall, Mooresville, NC. . eS ae F L/ tam had 7 Actfng Clerk APPROVED: 7/ é2/ oe e eae ae ore ait vice Re ; Bee a ios 201 ea IREDELL COUNTY BOARD OF COMMISSIONERS SEPTEMBER 17, 1985 MINUTES The Iredell County Board of Commissioners, met in Regular Adjourned Session on Tuesday, Septem- ber 17, 1985, 7:30 p.m., Mooresville Town Hall, Mooresville, NC. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney CALL TO ORDER: By Chairman Hedrick INVOCATION: By Chairman Hedrick Chairman Hedrick adjourned the meeting to a public hearing. PROPOSED IREDELL/STATESVILLE CIVIC CENTER: Chairman Hedrick welcomed the approximately 25 citi- zens in attendance for this matter. Those speaking in regard to the project were: James A. Parsons Against Rick Howard Questioned timing of project David Boone Against ¥ Pete Meletis Explained the concept of the project H, B. Sherrill Asked questions Chairman Hedrick closed the public hearing after all present had been given an opportunity to speak. COUNTY LINE VOLUNTEER FIRE DEPARTMENT: Mr. Jack Koontz, chief, County Line Volunteer Fire E Department, came before the board to ask some questions concerning the proposed realignment of the fire department insurance rating districts. Four other people from the County Line Fire Department area also expressed concerns about the issue. Fire Marshal Chuck Gallyon gave a report on his review of the fire districts for fire district rating purposes. MOTION from Commissioner Mills to give tentative approval to the five-mile rating for thirteen (13) districts, with the exception of Harmony and County Line Volunteer Fire Department districts. The fire marshal was asked to work with the people from Harmony and County Line to resolve the differences of opinion on the boundary between those two departments and to report back to the board as soon as possible. VOTING: Ayes - 5; Nays - 0. AN ORDINANCE REGULATING COMMUNITY WASTEWATER DISPOSAL SYSTEMS IN IREDELL COUNTY - ADOPTED: MOTION from Commissioner Murdock, second from Commissioner Crosswhite, to approve the Ordinance Regulating Community Wastewater Disposal Systems In Iredell County. VOTING: Ayes - 4; Nays - 1 (Mills). Ordinance recorded in Iredel] County Ordinance Book II, pp. 531-536. WASTE WATER DISPOSAL SYSTEMS FOR COMMERCIAL PURPOSES: The board stated that the county should begin work within the near future on an ordinance that would address wastewater disposal systems for commerical businesses. ADJOURN: Chairman Hedrick adjourned the meeting at 9:30 p.m. Next meeting: September 23, 1985, 7:30 p.m. Mooresville High School Auditorium, Mooresville, NC. a/ Bam, hal Acting Clerk reece: 202 IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES SEPTEMBER 23, 1985 The Iredell County Board of Commissioners met in Regular Adjourned Session on Monday, September 23, 1985, 7:30 p.m., Mooresville Senior High School Auditorium, Mooresville, NC. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney CALL TO ORDER: By Chairman Hedrick INVOCATION: By Chairman Hedrick Mayor Joe Knox of Mooresville welcomed the group to Mooresville. PUBLIC HEARINGS: PROPOSED SALE/LEASE OF LOWRANCE HOSPITAL, INC.: Chairman Hedrick welcomed a group of approximately 110 people and introduced the board members and staff. He gave a statement Summarizing the events that have led to the public hearing for the proposed sale/lease of Lowrance Hospital, NC. Chairmen Hedrick adjourned the meeting to public hearing. Chairman Hedrick recognized Mr. Jimmy Houston, chairman of the Lowrance Hospital Board of Trustees, who introduced Mr. Grady Shoe, Mr. B. K. Barringer, Mr. Mitchell Mack, and Dr. William Skeen. Each gave a brief report from his respective committee concerning the proposed sale or lease of the hospital. Those speaking at the public hearing were: Bob Craig Allen Mayhew Nancy Price Hugh Cladwell Milton Almond Bob Amon Car] Teeter Robert Brarley All of the speakers in their own terminology requested that the board of county commissioners Support the request by the Lowrance Hospital Board to help assure future continued operation of Lowrance Hospital. Chairman Hedrick adjourned the public hearing back to regular session. ADJOURN: Chairman Hedrick adjourned the meeting at approximately 9:30 p.m. Next meeting: October 1, 1985, 7:30 p.m., Union Grove Volunteer Fire Department, Union Grove, NC. Ww cfing Clerk APPROVED: a aL OMIT cas 42 SP WP eh ab 4 : eh 903 IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES OCTOBER 1, 1985 The Iredell County Board of Commissioners met in Regular Session on Tuesday evening, October 1, 1985, 7:30, Union Grove Volunteer Fire Department Building, Union Grove, NC. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney Chuck Gallyon, Fire Marshal Rudy Davis, Recreation Director Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick INVOCATION: By Commissioner Mills PUBLIC HEARING: MOTION from Commissioner Murdock to adjourn the meeting to a public hearing. VOTING: Ayes - 5; Nays - 0. PROPOSED IREDELL COUNTY/STATESVILLE CIVIC CENTER: Chairman Hedrick announced the public hear- ing for the purpose of hearing citizens' comments regarding the proposed civic center and referen- dum. He then opened the floor for discussion by the citizens present. Those speaking are as follows: Mr. L. W. Lambert Harmony, NC Mr. Lambert said he was not in favor of a civic center being built with tax money. He presen- ted petitions against the proposed project. Chairman Hedrick at this point introduced the members of the board and the staff present and gave an explanation of the civic center authority, saying the civic center authority was created by N. C. Legislation in the early 1970's, which appointed five people to study the possibility of a civic center. Those five people were the mayor of Statesville, chairman of the county board of commissioners, chairman of the the Mitchell Community College Board, and two at-large members. Mr. Meletis, one member at large, serves as chairman. The sixth member is the mayor of Mooresville. The ee authority was just recently expanded to include this person. The City of Statesville and Iredell County each appropriated $12,500 for this study to be conducted. That is the only money that has been appropriated for this project. Several plans have been proposed and several sites have been proposed for this civic center. The hearing was continued at this point. Mr. Harper Van Hoy Harmony, NC Mr. Van Hoy said he was undecided on the civic center. He said several organizations say they need a place for large gatherings. He said he was looking for information. Mr. Glenn Crater Harmony, NC Mr. Crater doesn't want taxes to go for civic center. He said the farmers are heving hard times. Mr. L. W. Lambert Harmony, NC Mr. Lambert asked everyone who was in favor of the civic center to raise their hands. No response. Mr. Mayfred Southers Harmony, NC pie Bibi ce ET SECS Oak AMI EAE OI Ped x yee ee 204 Mr.@Southers said he was opnosed to the civic center. He suggested private enterprise put in a civic center if they wanted one. Mr. Carl Tolbert Statesvilde, NC Mr. Tolbert is a grain farmer in the southern end of the county, he said. He said he was against any increase in property tax. He is in favor of sales taxes. Chairman Hedrick explained the methods proposed for the referendum for the proposed civic center. He said the issue before the county board of commissioners is whether or not to place the civic center project on the ballot. He said a referendum at the time of General Election would only cost the amount of the paper ballots and few extra hours for tabulation of votes. Mr. L. W. Lambert Harmony, NC Mr. Lambert suggested that the board wait until the General Election for the civic center to be put on the ballot. He said people would not come out to vote except at a General Election. Mrs. Alice Stewart County Commissioner Mrs. Stewart said she was not in support of the civic center. She said she cannot see spending $12 to $15 thousand for a separate election. She prefers a ballot at General Election and asked that all turn out to vote. Chairman Hedrick County Commissioner Chairman Hedrick said the county manager had given figures of $12 to $15 thousand as cost for holding a separate election. Mr. Max James Harmony, NC Mr. James said he thought the people of Iredell County should have an opportunity to vote on the issue. He thought it should be done as economically as possible. Unidentified Woman Asked if it would be out of order for the county commissioners to tell what their preferences are regarding the civic center, to which Chairman Hedrick replied that he did not think that would be appropriate. Mr. William A. Mills County Commissioner Mr. Mills said he thought the civic center would be a fine addition to Iredell County. He said he had a lot of problems with supporting it and paying off the principal with ad valorem property taxes. He said he would not mind a small amount of property tax being used, but he was not in favor of a large amount being used for paying off the principal or paying operating costs. He thinks the civic center authority must come up with a more definite plan on how to fund the construction and how to fund the operation. Mrs. Jessie Crosswhite County Commissioners She thinks the civic center would be an asset for any community, but not at the expense of the things that should have priority, such as water and sewer and adequate school facilities. She mentioned an alternative of implementing the hotel/mote] tax and put these funds aside and save until there is enough accumulated to build a civic center. Mr. J. P. Van Hoy - Union Grove, NC Mr. Van Hoy said he had talked to a lot of people in the north end of the county, and he doesn't find a great deal of opposition to a civic center, per se. bit everubody that he talks to is against ad valorem taxes to pay for it. He said the rural people in North Iredell, in his opinion, would not support a civic center to be paid for with ad valorem taxes. Mr. Wayne Deal County Manager Mr. Deal said based on the occupancy rate of the motels, 1288 motel rooms, 50% occupancy would bring $211,000; 65% occupancy would bring in $275,000. No one else spoke regarding the proposed civic center project. MOTION from Chairman Hedrick to adjourn the public hearing back to the regular meeting. VOTING: Ayes - 5; Nays - 0. REPORT FROM FIRE MARSHAL REGARDING THE COUNTY LINE AND HARMONY VOLUNTEER FIRE DEPARTMENTS BOUNDARIES: Chuck Gallyon, fire marshal, gave a report on his findings regarding the boundaries between the two captioned fire departments. He said the boundaries were changed and moved and agreed upon by both fire chiefs. Mr. Koontz, County Line Volunteer Fire Department, said he was satisfied with the boundaries. Mr. Richard Hix, Harmony Volunteer Fire Department, said he was also satisfied. st MME oi 905 Mr. Gallyon will need to present legal descripticns of the five-mile district boundaries once the board has approved the actual boundaries. He will bring back 14 written descriptions for board approval prior to sending them to Raleigh. MOTION FROM Commissioner Mills that pursuant to 153 A 233, the board adopt the insurance rating districts proposed by the fire marshal, Mr. Chuck Gallyon, and to authorize him*to draft legal descriptions and attach to the resclution and forward to the insurance commissioner. VOTING: Ayes - 5; Nays - 0. RECREATION DEPARTMENT - MATCHING FUNDS CRITERIA: Mr. Rudy Davis, recreation director, explained the matching grant program guidelines. These are non-profit organizations, PTA's, booster clubs, etc., in Iredell County that wish to raise money to improve and build new recreation facilities on public property. With the county matching the amounts raised by the communities, over $300,000 worth of recreation improvements have been made since the implementation of this program. The recreation advisory committee voted to change the guidelines to allow the communities to spend some of the funds on maintenance. The recreation advisory committee is recommending an inclusion of $1250 to be used by these non-profit agencies, booster clubs, and PTA's, to help maintain the recreation facilities. This would be on the same 50% matching basis as the capital projects have been in the past, which represents $625 in matching funds. Commissioner Mills and Rudy Davis, recreation director, explained this saying that an agency could apply for an amount up to $2,500 total for a matching grant project, but only $1250 of that total can be used for maintenance. MOTION from Commissioner Murdock to approve the changes in the guidelines. VOTING: Ayes - 5; Nays - O. GUIDELINES FOR MATCHING GRANT PROGRAM 1. The matching grant money approved must be used to improve or build recreation facilities in Iredell County. 2. There will be a maximum of $2500 allocated to any one location per year. 3. Projects must be on land owned by or leased to (for a period of not less than 25 years) Iredell County and used by the Iredell County Recreation Department for their programs and activities. 4. Projects must be open for use by the general public. 5. All requests for funds must come from a non-governmental, non- profit organizations and all monies will be sent to these organizations. 6. All requests for funds must be mailed and only those arriving with a postmark dated before November 1st will have first consideration. 7. All requests must first be approved by the Iredell County Recreation Advisory Committee and the Iredell County Board of Commissioners. 8. All requests must include a description of the project, the approximate cost, the amount of funds requested, and the approximate time for completion of the project. Any changes must go through the process of approval once again. 9. Application for funds must be received by the Iredell County Recreation Department before November ist of the current fiscal year. 10. All bills for payment must be turned in to the Iredell County Recreation Department by Junes 1st of the current fiscal year. 11. The expenditures must be for: (1) purchasing or constructing capital recreational equipment and/or facilities, or (2) maintenance of capital recreational projects. Capital Reciational Equipment and/or facilities include but is not limited to: bleachers, light fixtures and poles, outdoor permanent playground equipment, tennis courts, grading for a new ball field or tennis court, fencing, and construction of or purchasing of buildings to be used for storage of recreational equipment, concession stands, press boxes, toilets, or dugouts. Also, soccer goals, basketball goals, football goal posts, public address systems, scoreboards, and ce F a "ae Pn oe . a F <¢ Reatntis Ba SA Pian ACEH eae wnaibabiaae s LORE i emer 206 installation of permanent volleyball standards. Maintenance of capital recreational projects includes but is not limited to: reseeding of ball fields, resurfacing and/or painting of tennis courts or play areas, sanding, refinishing, and/or painting of gym floors, painting concession stands, press boxes, toilets or dugouts, electrical wiring, landscaping existing recreational facilities, water lines to recreational areas, topsoil, gravel, fertilizer, grass seed, lime, rock dust, and paving parking lots for athletic fields. Not funded includes but is not limited to: in-kind (volunteer) labor, balls, bats, bases. light bulbs, nets, marking lime, or any type of equipment that easily wears out, and/or has to be replaced regularly. No more than $1250 can be used for maintenance of capital recreational projects per location. A maximum total of $2500 per location is still allocated, but no more than $1250 of this can be used for maintenance. Any additional request up to $2500 must be used for purchasing of or construction of capital recreational equipment and/or facilities. The entire $2500 or any amount up to $2500 can be used for purchasing or construction of capital recreational equipment and/or facilities but $1250 is the maximum amount that can be used for maintenance. 12. If the project and a certain amount of money is approved, all of that allocation must be used (within $25). If the total amount allocated is not used, that amount left over will be subtracted from next year's request. 13. The total amount in the matching grant fund will be distributed among the approved requests on a pro-rated basis if the total requests amount to more than the total in the matching grant fund. 14. If the total of the approved requests is less than the total allocated, then those organizations that were late getting their requests in and those organizations that were penalized for non- use of funds will be eligible to receive funding. The amount to be decided by the Iredell County Recreation Advisory Committee at that time. COMMUNICATIONS SYSTEM, CONTRACT: The county manager, Mr. J. Wayne Deal, spoke to the board regarding the recent contract approved by the board in regard to Centralina Council of Government's study of the county's communication system. This study was limited to telephones. Mr. Deal said he had spoken with the board about the possibility of combining emergency communications in the county, that is ambulance service, fire service, and the sheriff's department, In the past, he said, the sheriff's department has not been in favor of doing this. He has now been told by the sheriff's department that they would like to take a look at this. Mr. Deal says he thinks it offers some real advantages to the county, personnel-wise and from a practical point of view. Mr. Deal recommended the board consider going into Phase II of the communications contract with COG, which they say they can do for a maximum of $2,653, and they would be able to start on it immediately, with the board's approval. In response to a question from Chairman Hedrick regarding the 911 plans, Mr. Deal said this would be part of the overall plan, and all calls would come into the same communications center. Persons would call into one center and the calls would be dispatched to the appropriate agency. Mr. Deal said we now had dispatchers on duty 24 hours around the clock at the communictaions center and at the sheriff's department. To have a combined communications center would allow better scheduling of staff, and there may be a possibility of reduction in staff. No funds are budgeted for this contract. MOTION from Chairman Hedrick to approve the contract with Centralina Council of Governments for Phase II (radio portion) of the communications contract in the amount of $2,653, authorizing the chairman to sign on behalf of the county. These funds are to come from Contingency. VOTING: Ayes - 5; Nays - 0. ALLENDALE ACRES - SUBDIVISION PLAT: The county manager, Mr. Wayne Deal, said Miss Lisa Beckham, planning director, has resigned from the county staff, and he was presenting a plat that she completed before she resigned. Mr. Deal said this plat has been approved by all authorities who are to review it. MOTION from Commissioner Mills to approve the Allendale Acres Subdivision plat. VOTING: Ayes - 5; Nays - 0. 907 NATIONAL SCHOOL SCHOOL LUNCH WEEK - OFFICIAL PROCLAMATION: MOTION from Commissioner Mills to approve the following resolution: NATIONAL SCHOOL LUNCH WEEK WHEREAS, the National School Lunch Program has served our nation admirably for twenty years through advanced practices and nutrition education; and WHEREAS, the National School Lunch Program is dedicated to the health and well-being of our nation's children; and WHEREAS, the National School Lunch Program has been joined through the years by many other excellent child feeding programs; and WHEREAS, there is evidence of continued need for nutrition education and awareness of the value of school feeding programs. NOW THEREFORE, I, Larry S. Hedrick, Chairman of the Iredell County Board of Commissioners, DO HEREBY PROCLAIM the week of October 13 through October 19 as SCHOOL LUNCH WEEK; and I encourage all residents to become aware of and concerned about their children's and their own nutrition habits, in hope of achieving a more healthy citizenry for today and the future. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the County of Iredell] to be affixed on this Thirtieth Day of September in the Yard of Our Lord, One Thousand Nine Hundred and Eighty-five. IREDELL COUNTY BOARD OF COMMISSIONERS s/Larry S. Hedrick Chairman VCTING: Ayes - 5; Nays - 0. RESOLUTION HONORING NANCY IJAMES MYERS, RETIRING AGRICULTURAL EXTENSION SERVICE EMPLOYEE: MOTION from Chairman Hedrick to adopt the following resolution: IN RECOGNITION WHEREAS, Nancy Ijames Myers came to Iredell County in July 1951 as assistant home economics agent, working in the 4-H Program, and WHEREAS, although her responsibilities have changed through the years, she has continued to guide homemakers and their families toward a brighter future, serving not only extension club members but all people of Iredell County, some of her programs being The Festival of Skills, The Focus on Family, and a great many other services that have been of great assistance to families in Iredell County, and WHEREAS, through her many activities and contributions to Iredell] County, she has earned great respect and admiration from her peers and from the homemakers of Iredell County, and = WHEREAS, Nancy Ijames Myers has tendered her resignation from the Iredel] County Agricultural Extension Service staff and plans to retire on September 30, 1985, NOW, THEREFORE, THE Iredell County Board of Commissioners hereby expresses its deepest appreciation for all the work Mrs. Myers has done for and in behalf of the citizens of Iredel! County, knowing it has been a job well done, AND FURTHER, wishes for her and her family only the best in her retirement years. IREDELL COUNTY BOARD OF COMMISSIOENRS . s/Larry S. Hedrick Chairman ADOPTED 1 October 1985. VOTING: Ayes - 5; Nays - 0. TRI-COUNTY MEDICAL PARK - OPEN HOUSE FOR DENTAL OFFICE: Mr. J. P. Van Hoy invited the county commissioners to attend the open house at the Tri-County Medical Park, at the corner of Tabor Road and N. C. 901, Sunday afternoon, October 13, 1985. SOUTHERN PIEDMONT HEALTH SYSTEMS AGENCY - APPOINTMENT: Commissioner Crosswhite said she had someone in mind for this appointment, but the person was unable to serve. Another nomination will ahi MIRO IES cet ORL DMM 128 A ARMS Ranch iF ‘ é Co Te 908 be made at a later date. AMBULANCE SERVICE SATELLITE STATION IN NORTH IREDELL: Mr. J. P. Van Hoy said he understood there may be some changes in the location of the EMS now in Harmony. The Tri-County Medical Park has eight acres of land, located at Tabor Road and N. C. 901. Mr. Van Hoy said he has talked with the school authorities, and they are interested in moving the principal's home at Union Grove School. He suggested this building could be moved to the Tri-County Medical Park and used for the EMS headquarters. He said if the board decided to locate the EMS at the Tri-County Medical Center Park, a permanent location could be offered for $1 a year. LOWRANCE HOSPITAL: Mr. Deal, county manager, said the Lowrance Hospital sale/lease bids are to be received until 5:00 p.m., October 7, 1985. He asked the board to consider appointing one addi- tional county commissioner to the committe to review these bids. One member has already been appointed--Mrs. Alice Stewart--and one additional member needs to be appointed. After a discussion, Commmissioner William A. Mills agreed to serve on this committee. EXECUTIVE SESSION SCHEDULED: The county manager, J. Wayne Deal, asked the board to consider adjourning this meeting until Monday, October 7, 1985, 12:00 Noon, County Annex Building, for an executive session regarding the Inspections Department. WEST IREDELL WATER CORPORATION: Mr. Sam Hindman, president, West Iredel] Water Corporation, distributed copies of the engineering study just completed for West Iredell Water Corporation. He said these reports are preliminary, not final at this point. Mr. Hindman said that a lot of the information was not recommended. One particular proposal seems to be more favorable than the others. It is a more expensive one, he said. This is an interconnect with Alexander Water Corporation at Liberty Church Road in Alexander County, coming down the Old Mountain Road with an 8" line, tying with West Iredell Water Corporation's 8" line at Bradford's Crossroads. The estimated cost is $530,000. Mr. Hindman said some investigations were being made regarding the possibility of getting some Economic Development Block Grants, and he found there is some money available. They have people working in their behalf to try to secure this grant. They will need help from the county to administer this grant. Application for this grant must come from the county. Mr. Hindman asks the board's help with this, and they would like to move on it as quickly as possible. Mr. Hindman asked to go on record as asking for the board's cooperation and assistance in securing an Economic Development Block Grant or any Clean Water Bond money that might be available that could supplement this CDBG. Chairman Hedrick raised the question of interconnecting West Iredell Water Corporation with Iredell Water Corporation, as discussed with Mr. Cash McColl, president, Iredell Water Corporation. If this is possible, Chairman Hedrick asked if the $528,000 connection with Alexander Water Corpora- tion would be better than perhaps a cheaper version with Iredell Water Corporation, if Iredell Water Corporation can supply them with an adequate amount of water. Mr. Hindman said Mr. McColl was under the impression that West Iredell Water Corporation's line came closer to Iredell Water Corporation than it does. Mr. Hindman said he did not believe connec- tion with Iredell Water Corporation would be a viable solution. Mr. Hindman said discussions were being held about forming an association of water corporations within the county, and he believes this will be a reality within the near future. Mr. Victor Crosby said he thought the county should look at connecting West Iredell Water Corporation with Iredell] Water Corporation. toe Mr. Deal said he had a meeting with Dale Jones at EDA to talk about some of these things and see what the procedures are and see what the next step would be. Chairman Hedrick suggested waiting until the county manager reported back to the board after his meeting with Mr. Dale Jones. Mr. Koontz, County Line Volunteer Fire Department, asked that the board not forget about the fire departments as they make their decisions regarding water lines. ADJOURN: MOTION from Commissioner Mills to adjourn the meeting. Next meeting: October 7, 1985, 12:00 Noon, County Annex Conference Room, Statesville, NC. ff 4 fs SV. ih SRATHULY Clerk to the Board 4 APPROVED: / ‘/ 209 IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES OCTOBER 7, 1985 The Iredell County Board of Commissioners met in Adjourned Regular Session on Monday, October 7, 1985, 12:00 Noon, County Annex Conference Room, Statesville, NC. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney Jerry Lundy, Code Enforcements Department Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick EXECUTIVE SESSION: MOTION from Chairman Hedrick to adjourn to executive session to discuss personnel and litigation matters. VOTING: Ayes - 5; Nays - 0. MOTION from Chairman Hedrick to adjourn from executive session. VOTING: Ayes - 5; Nays - 0. MCGUIRE NUCLEAR TEST: The county manager, J. Wayne Deal, announced that the McGuire nuclear test would be conducted on Wednesday, October 9, 1985. At least two commissioners need to be available for this test. PERSONNEL ADVISORY COMMITTEE: The following names were proposed for the personnel advisory committee: Jerry Burgdofer, Southern Screw Company Bob Foster, Uniglass Company Brenda Warren, Intercraft Industries, Inc. Wayne Kruzel, Intercraft Industries, Inc. Thelma Crabb, Roderstein Electronics Bill Spangler, J. C. Penney Company Following a discussion, the following were named as members: Thelma Crabb, Roderstein Electronics Jerry Burgdofer, Southern Screw Company Wayne Kruzel, Intercraft Industries, Inc. Alternates: Bill Spangler, J. C. Penney Company Bob Foster, Uniglass Company (Armitage Shank personnel Director) The county manager was directed to call the three members to see if they were available for serving until the end of the year. Alternate members were to be substituted if the three members are not available. It was the consensus of the board that once a case is begun, the three serving at that time should remain on the committee until the case is finished. Terms of office are to be staggered three-year terms, according to the personnel ordinance. LOWRANCE HOSPITAL: Commissioner Stewart said the Lowrance Hospital Board of Directors is recommending that the board hire a professional person to act in behalf of the committee in selling or leasing the Lowrance Hospital. Commissioner Murdock said there were two attorneys in North Carolina who were qualified to do this type of work. Commissioner Mills said Mr. Bill McElwee represented Davis Hospital in the negotiations for sale to Hospital Corporation of America. It was the consensus of the board that an analyst should be hired for completing the negotia- tions for the sale or lease of the hospital, and request that the hospital board submit names of persons they recommend for the work. Commissioner Stewart said Mr. Jimmy Houston, chairman, Lowrance Hospital Board of Trustees, has asked that one of the two county commissioners who are serving on this committee (Stewart and Mills) eet PRN CE i on 510 serve as chairman of this committee, Mr. Houston will serve as vice chairman, and that the committee will operate under the same rules of parliamentary procedure as the Iredell County Board of Commis- sioners uses. It is the opinion of County Attorney Bill Pope that it will take at least five weeks of study and work from the time the bids are opened before a decision can be reached regarding the bid proposals. REQUEST FOR PAVING S. R. 1825: Chairman Hedrick presented a petition for the paving of S. R. 1825. MOTION from Chairman Hedrick to approve this petition being sent to the State Department of Secondary Roads for their disposition. VOTING: Ayes - 5; Nays - 0. WEST IREDELL WATER CORPORATION: Chairman Hedrick presented a letter to the county manager from Sackner Corporation in the 01d Mountain Road/I-40 industrial area. This is in reference to the request they recently presented to the board. The chairman requested the county manager to write a letter to this company and tell them the county is exploring two separate possible grants. ADJOURN: MOTION from Commissioner Mills to adjourn. Time: 2:30 p.m. Next meeting: October 15, 1985, 7:30 p.m., Agricultural Center Conference Rooms 1 and 2. hh ws) Jb Tete Cierk to the Board APPROVED: //. S-dS IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES OCTOBER 15, 1985 The Iredell County Board of Commissioners met in Regular Adjourned Session on Tuesday, October 15, 1985, 7:30 p.m., Agricultural Center Conference Rooms 1 and 2, Statesville, NC. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney F. William Furches, Jr., Finance Officer Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick S INVOCATION: By Chairman Hedrick REQUEST FROM MOORESVILLE/SOUTH IREDELL CHAMBER OF COMMERCE: Mr. Homer Faulk, Mooresville Chamber Executive, and Mr. Bill Smith, Vice President of Mooresville Public Affairs for the Chamber, came before the board to request additional funds for administration of the Chamber. Mr. Smith made a report to the board, saying they presently have two full time staff members, and the work load has tripled with the industrial park and the grant application projects for the I- 77 and N. C. 150 development site. Ninety-five per cent of Mr. Faulk’s time is spent with indus- trial clients because of the number of prospects Mooresville presently has. The Chamber would like { for Mr. Faulk to be able to devote more time to existing industries and would like for him to make more contacts in Raleigh. Mr. Smith offered the following as a solution to their problem: (1) Add one additional employee to the Chamber staff; this would be an administrative assistant. (2) The chamber needs a copy machine, typewriter, and video presentation equipment. (3) The Chamber also needs a new office facility. They are currently paying $300 a month for rent. A new facility would cost approximately $600 a month. Total cost for these items is $27,500 in additional funds. § The Chamber's request for funds involves $12,000 increase in the 1985-86 211 fiscal year and an annual increase of $16,500 (60% of $27,500). The ramaining 40% of this amount is being requested from the Town of Mooresville. The board members discussed the Chamber's request. Commissioner Mills inquired why this re- quest was not made at the time of budget preparation. Mr. Mills also discussed the county-wide developer as proposed recently. MOTION from Commissioner Murdock to approve the additional funding of $12,000 for FY 1985-86. These funds are to come from Contingency. NO VOTE TAKEN. MOTION from Chairman Hedrick to table this matter until the November 5, 1985 meeting. VOTING: Ayes - 3 (Mills, Hedrick, Crosswhite) Nays - 2 (Murdock, Stewart) PROPOSED SEWER LINE EXTENSION, CRAWFORD ROAD: Mr. Pete Connet, Statesville City Manager, came before the board to request funds for the extension of sewer lines to Crawford Road. Mr. Connet identified on the map the proposed route of the sewer line. Cost estimates from Pierson and Whitman, Inc., the City's engineering firm for water and sewer lines, were mailed to the board. Mr. Connet called the board's attention to the cost estimate, $250,000, subject to engineering and bidding. This would open up approximately 500 acres for industrial development, Mr. Connet said. Mr. Connet outlined the following proposal for funding: Total Project Cost (est.) $250,000.00 State Funds 125,000.00 City/County Contributions 125,000.00 The proposal involved the County's using $125,000 of its 1985-86 State allocation for sewer funds and paying one-half the City/County contribution. The board discussed with Mr. Connet the use of impact (tap-on) fees. Mr. Connet was to gather more information on this and advise the board and county manager of his findings. The board members discussed their priorities in funding water and sewer projects for the county. MOTION from Commissioner Mills to share the engineering fees for this project, not to exceed $9,000, with the City of Statesville, to develop plans and specifications for this project along the route discussed here. Funds for this allocation are to come from the County's Water and Sewer Budget. VOTING: Ayes - 4 Nays - 1 (Stewart) Mr. Connet said it would be Spring of 1986 before this project could get under construction. CONTRACT: INTER-GOVERNMENTAL, ROWAN AND IREDELL COUNTIES: AMBULANCE SERVICE: A contract was presented to the board for approval from the county manager and the EMS director, John Fleming. This contract is for the Mooresville Ambulance Service to answer emergency calls for ambulance in a portion of Rowan County that is on the Mooresville telephone system and is closer to an Iredell County hospital than to a Rowan County hospital. The contract was approved as to form by the county attorney. A question of insurance coverage was raised by the finance officer. MOTION from Commissioner Mills to approve the contract, subject to proper insurance coverage, and authorize the chairman to sign on behalf of the county. VOTING: Ayes - 5; Nays - 0. HEALTH DEPARTMENT: ESTABLISHMENT OF IMMUNIZATION AND PRE-NATAL FEES: Mr. Bill Mashburn, health director, and Ms. Sandy Giles, nursing director, came before the board regarding the captioned fee schedule. The fees recommended by the health board are as follows: (1) Cholera Vaccine Fee (new fee) $7.00 per injection (2) Work Site Influence Immunization $5.00 per injection (3) Pre-Natal Program $300.00 normal delivery (increased from $200) (increased from $300) $400.00 C-section MOTION from Commissioner Crosswhite to approve these fees. VOTING: Ayes - 5; Nays - 0. HEALTH DEPARTMENT: ADOLESCENT HEALTH PROGRAM: Mr. Mashburn and Ms. Giles presented informa- to the board regarding an expansion program for Adolescent Health. The State of North Carolina has allocated an additional $30,881 to expand the adolescent health 12 £ Sl aAONRMOAE + IB c h 20E AIMS Me OR lias ae a and has was the services in Iredell County. $16,098 has been allocated toward prevention of teen age pregnancy, $13,973 has been allocated for pre-natal care for pregnant teenagers. The health department developed a plan for the expenditure of these funds, and a budget proposing use of these funds presented to the board. This is a two-year allocation, and the county manager recommended that board positively consider this request. No county funds are required. MOTION from Commissioner Crosswhite to approve this expanded Adolescent Health Promotion, as recommended by the Iredell County Health Board. VOTING: Ayes - 5; Nays - 0. NOMINATION from Commissioner Murdock to This is APPOINTMENT: SOUTHERN PIEDMONT HEALTH SYSTEMS AGENCY: appoint Mrs. Ann Lowe, Mooresville, NC, to serve the unexpired term of Mrs. Nell Dickerson. a three-year term, beginning on October 22, 1985, and concluding September 30, 1988. MOTION from Chairman Hedrick to close the nominations and appoint Mrs. Ann Lowe by acclamation. VOTING: Ayes - 5; Nays - 0. REPORT ON SALE OF SURPLUS PROPERTY: the sale of surplus property held on October 5, 1985. sale were $18,787, less 4.75% commission and advertising costs. Iredell County Library. Proceeds from this sale were $946.80. Finance Officer Bill Furches gave a report to the board on Mr. Furches said the total proceeds from the Also surplus books were sold at the NO BOARD ACTION. LANDFILL: TIRE SLICER, FEE CHARGE: fees for tire slicing at the landfill. Fees proposed are 25¢ each for automobile tires, each for truck tires. It is recommended that these fees begin on October 21, 1985. The county manager, Wayne Deal, proposed the following and 50¢ The county manager said he had met with the tire dealers, and their reaction to the fee charge was very positive. MOTION from Commissioner Stewart to accept the manager's recommendation of 25¢ each for automo- bile tires and 50¢ each for truck tires, beginning on October 21, 1985. VOTING: Ayes - 5; Nays - 0. TAX COLLECTION REPORT (September 1985) AND AFTERLISTS, RELEASES, AND REFUNDS (August 1985 and September 1985): The county manager presented the captioned reports to the board. MOTION FROM Chairman Hedrick to accept the following: Tax Collection Report, September 1985. AFTERLISTS, RELEASES AND REFUNDS, AUGUST 1985 NAME TOWNSHIP YEAR REASON AMOUNT Annie Bell Davidson Inside 1984 Listed twice $ .78 William A. Flynn Inside 1984 Billed on 1983 values 29.45 TOTAL RELEASES: $ 30.23 Refunds: William Maxwell Neely 432 Sullivan Road Statesville, NC 286777 $19.95 Invoices released because of of problems with account numbers. Lillie C. Allison 1323 Old Salisbury Road Statesville, NC 28677 $19.48 Late Listing 1.95 Lillie C. Allison 1323 Old Salisbury Road Statesville, NC 28677 $31.41 AFTERLISTS AND RELEASES, MONTH OF SEPTEMBER 1985: L.PEN. AMOUNT 118.08 YEAR 1985 REASON Clerical error NAME TOWNSHIP R. E. Bromley #6871 Inside 1985 1985 1985 1985 Phipps & Smith 45178 Davidson Annie Trivette 57030 Union Grove WM Meadows 38374 Inside J J Morris 40688 Inside Double charged Due exemption Double charged Double charged 247.79 34.85 19.84 34.11 Rickey Keller 31565 C.Creek David Edwards 17502 Outside G L Hill 26123 Chambersburg Grace Templeton56004 Outside Veronica Gregory2287 Inside P S Ervin 18151 Union Grove Hazel Dagenhart 14509Inside Nationwide Dist.421660utside Mrs.D.A.Chapman10467 Fallstown Hal Ostwalt 43237 Inside K A Oplinger 43117 Inside Faye Lackey 26752 Inside C E Ritchie 48281 Inside Fred Bailey 2858 Inside WE Kestler 31869 Inside B F Williams 61041 New Hope C C Carson 9723 Eagle Mills Mrs. J W Neel 42260 Coddle Creek C F Hawkins 25118 Olin Margaret Queen 60116 Davidson — M Simpson 51841 Davidson Mrs. T C Caudle10202 Eagle Mills Marie Van den Enyden 58049 Chambersburg Paul Fox 19658 Bethany Elizabeth Deal 15637 Concord P A Henderson 25724 Concord NH Hailey 23671 Davidson Ray Gilbert 21275 Barringer Samuel Scott 49884 Concord Barry Scott 49800 Outside J D Brown Coddle Creek Frank Stafford 53486 Concord Mrs. JG Wilhelm 60916Coddle Creek Bill Long 34795 Fallstown 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 Nelson Warren 59027 Coddie Creek+1985 Onlan Morrow 41204 Coddle Creek J J Croft 18475 Coddle Creek Carol Huddleston28350Inside Carol Huddleston28351Inside Troy Cheeck 10597 Cool Springs Grady Woodward 62217 Davidson Lillian Rods 48719 Inside WF Hedrick 25539 Coddle Creek Margaret Overcash43419 Inside Clinton Woods 62151 Chambersburg Mrs F E Carver 9900 Coddle Creek Elizabeth Deal 15638 Coddle Creek Giner Mitchel] 39646 New Hope James Mitchel] 39660 Union Grove Mrs. Herman Wyatt 62614 Davidson Nancy Maiden 35575 Turnersburg Richard Karriker 31328Coddle Creek C 0 Johnson 29795 Outside Nellie Kerley 31798 Fallstown Margaret Brooks 6940 Inside James Foster 19362 Cool Springs WG Queen 46562 Barringer P S Staley 53530 Inside Johnny Smith 52526 Fallstown R T Williams 61385 New Hope Michael Woodward62115Inside Flossie Upright57973 Coddle Creek J R Boyd 6050 Inside Hazel Long 34812 Concord Mrs CA Thompson56416 Chambersburg Harlow Kline 32369 Shiloh 0 W Beddingfield4205 Davidson Beverly Gresham 22293Inside Virginia Safrit494623Coddle Creek BF Stevenson 54103 Inside BF Stevenson 54105 Outside HD Freeman 19881 Coddie Creek GF Bliss 5404 Davidson WE Haire 23709 Coddle Creek McKnight Pontiac37878Coddle Creek 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 Sold double wide 45. Value corrected 24. Double charged 296. Due exemption 34. Due exemption $3. Double charged 74, Double charged Tha Double listed a ae Double listed eas Double listed 46. Clerical error 30. Due exemption 34. Due 2/3 exemption eas Due 2/3 exemption 23s Pricing error 41. Due part exemption 19. Due 1/5 exemption 6. Sold 34. Car price adjusted due to condition Te. Listed in Mecklenburg 3.43 34. Boat located in Catawba 68. Acres corrected 6. Sold on discovery 47. Car priced wrong 15. Camper located in a 88. Due exemption 19. Land combined $3. Due exemption 34. House on wrong lot on dis- covery 179. Key punch error 33.84 338. Double listed 1.50 14. Due exemption 26. Sold house on discovery to new owner 95. Pricing error 3. Sold house on discovery to new owner 130. Acres in new S/D 130. No personal property 35. No household 5. House vaue corrected 27 MH spaces removed 14. House not complete 192. Due exemption wan es No household 3. Due exemption 34. Due exemption 34. Lots combined 5 Camper listed in Catawba Co. 9. Person listed twice 46. No penalty due 4.71 Person listed twice 8. Car charged in error 41. Value corrected 156. House 50% complete 106. House on discovery to new owner 25. No household rental iF Sold D W moved to Alexander C046. Acres correctd 34. Due exemption 26. Value corrected +36 Value corrected Ts No household 9. Due exemption 34. On discovery to new owner 298. Due exemption 34. Due exemption 10. Due exemption Te Tax listing error 537. Tax listing error 1. Due exemption 34. Double charged 29. Double charged 175. Late list charged in error 6.43 Tax listing error 9. No household 8. Double charged 3,170. 74 913 a a Fee, meee ee We TE tes re os q a ' reer ; eb IRM FES TARA AMM sR ols i Pe 514 J Z Parker 43970 Inside 19635 Tax listing error 24.60 RR Enteprises 46643 Chambersburg 1985 Out of business 26.65 A L Burleson 8237 Fallstown 1985 No household 3.90 WC Benfield 4602 Davidson 1985 Double listed 117.18 Joe & Melba Morrison 40860 Concord 1985 Double listed 14.65 Lanny Morrison 40903 Concord 1985 Late list charged in error 2.62 Stephen Friend 20057 Davidson 1985 Double charged 52.64 D B Morgan 40614 Fallstown 1985 Punching error 206.03 C L Snipes 52848 Fallstown 1985 On disc. to new owner 133.20 : Ralph Talach 55607 Coddle Creek 1985 Listed twice 192.42 | Gerald Bliss 5404 Davidson 1985 Value corrected -20 0 D Hawkins 25126 Fallstown 1985 Double listed 181.71 Roscoe Warren 59040 Bethany 1985 Car on discovery to son 2.71 Richard Ackerman 1121Fallstown 1985 Double listed 3.20 Pauline Miller & C. Tharpe 39066 Inside 1985 Double listed 6.97 Edward Harrell 24388 Davidson 1985 Tax listing error 20.09 Bassett Furn. 3783 Inside 1985 Tax listing error 568.26 L K Price, JR 26461 Outside 1985 On disc. to LK Price, Sr. 1.23 W A Shoemaker 51353 Inside 1985 No personal property 6.56 Pattie Mills 39318 C. Creek 1985 Re-mapped and on discovery 480.31 Pat & John Mil1s39317C. Creek 1985 Correction by mapping 15.54 J A Mayberry etal36786Inside 1985 Clerical error 108.28 Maxine Thomas 56317 Olin 1985 Duplicate listing 21.85 Aldia Collins 12010 Barringer 1985 Lot combined 22.900 Phyllis Bailey 2892 Inside 1985 Double listed 46.09 Joe Ketchie 31882 C. Creek 1985 Clerical error 4° .83 Tilda Baggerly 2800 Eagle Mills 1985 Clerical error 256.09 Mrs.Roy SharpeHeirs 50489 Union Grove 1985 Double charged 85.08 F W Whitlow 60658 Davidson 1985 Mapping error 171.05 Madelin Guinn 23272 C. Creek 1985 Clerical error on discovery 101.93 Nola Willis 61555 Fallstown 1985 No household 10.81 Dollie Hodgson 26417 Inside i985 Due exemption 34.85 Hattie Bumgarner 8018Davidson 1985 Due exemption 34.85 W J Germann 21053 C. Creek 1985 No household 5.89 Keith Morrow 41162 C. Creek 1985 Clerical error 14.47 Sarah Brawley 6523 C. Creek 1985 Acres corrected 231.86 Allen Brawley 6366 C. Creek 1985 On disc. to Sarah Brawley 336.29 Allen Brawley 6367 C. Creek 1985 Acres corrected 42.48 Bryant McLendon 38113C. Creek 1985 No personal property 15.48 P B McNeely Jr 38249 C. Creek 1985 Value corrected eea0 Mrs C C Hamby 23945 Cool Springs 1985 Acres corrected 10.21 Ada Freeman 19861 C. Creek 1985 Due exemption 34.85 J. B. Baker 2976 Inside 1985 Not in Iredell County 1.66 16.56 Minnie Safley 49424 Turnersburg 1985 No household 3.80 Gregory Beaver 4052 C. Creek 1985 Double listed 74.93 Roger Reams 47108 C. Creek 1985 Account # wrong on discovery 42.68 Irene Webb 59632 Inside 1985 No household rental 3.14 Roger Reams 47110 Davidson 1985 Account # wrong on discovery 35.96 William Wood 62114 Davidson 1985 Moved to S. C. before Jan. 1 40.10 TOTAL AFTERLISTS AND RELEASES: $54.41 $11,739.58 REFUNDS: S. L. Collins 128 Briarwood Road Statesville, NC 28677 69.08 Edna & John Ingram Route 4 Statesville, NC 28677 110.21 Mrs. Robert Brawley 33.15 TOTAL REFUNDS: $212.44 VOTING: Ayes - 5; Nays - 0. DISCUSSION OF PROPOSED SCHOOL BOND REFERENDUM:The board discussed the possibility of having a school bond referendum for capital improvements for all three school systems in the county. Chairman Hedrick discussed the proportionate funding for all three systems. Commis- sioner Mills said he thought the board should have an itemized list from all three systems showing how the money would be spent. The county manacer brought out that the ballot would have to specify how the money would be spent. The county manager has received proposed capital improvements from the schools, and he said he would go over the proposals with the superintendents and report back to the board. Questions were raised about consideration of consolidating the three school systems, and this subject was discussed briefly. Rs Sinha 319 CODE ENFORCEMENTS DEPARTMENT - PROPOSED BUDGET AMENDMENT: The county manager, Wayne Deal, brought to the board's attention a revised budget for the Code Enforcements Department. This revised budget includes the board's approval of two new positions in the department: an accounting technician and an additional inspector. This represents an additional expenditure of $37,538 in the department's 1985-86 budget. The finance officer, Bill Furches, said there was a possibility of raising fees for this department as well as using tax monies to expand their budget. The county manager recommended this increase in expenditures. MOTION from Chairman Hedrick to authorize the recommendation of two additional staff members for this department for an expenditure of $37,538, and request that this be worked out within the present budget level, if possible. VOTING: Ayes - 5; Nays - 0. RECREATION DEPARTMENT: RESIGNATION OF RUDY DAVIS, DIRECTOR: The county manager, Wayne Deal, advised the board of receipt of a letter of resignation from Mr. Rudy Davis, Recreation Director. He said Mr. Davis stated personal reasons as reason for his resignation. MALLARD HEAD PLANNED RESIDENTIAL DEVELOPMENT: Mr. Duane Lewis was at the board meeting; and upon recognition by the chairman, he raised questions about his development. After a discussion Chairman Hedrick suggested that Mr. Lewis make an appointment with the county attorney and the code enforcements director to work out his problems. LOWRANCE HOSPITAL, PROPOSED SALE OR LEASE, PUBLIC HEARING CANCELLED The county manager advised the board that it would be necessary to cancel the public hearing for Lowrance Hospital proposed sale or lease. This hearing is now scheduled for October 24, 1985 at the Roland Morgan Auditorium, Mooresville High School, Mooresville, NC. A new public hearing date will be established in the near future. BOND COUNSEL FOR ACCUMA CORPORATION, AND INDUSTRIAL REVENUE BOND FINANCING PROJECT:The county attorney, Mr. William P. Pope, recommended to the board that consideration be given for Helms, Mulliss & Johnston, Charlotte, NC, to act as bond counsel for the Accuma Corporation bond project. The Iredell County Industrial Bonds Authority had made a recommendation to the county commissioners that Helms, Mulliss & Johnston be considered. MOTION from Chairman Hedrick, second from Commissioner Mills, to approve the firm of Helms, Mulliss & Johnston to act as bond counsel for the Accuma Corporation bond project. VOTING: Ayes - 5; Nays - 0. SPECIAL RESOLUTION: ROYAL AMBASSADORS: Motion from Chairman Hedrick to adopt the following resolution: PROCLAMATION WHEREAS, the Royal Ambassador organization is sponsored by Southern Baptist Churches for all boys; and WHEREAS, this worthwhile organization is dedicated to serving the needs of boys and their families through missions; and WHEREAS, since its founding in 1908 the Royal Ambassadors has grown to an international organization spreading throughout the fifty states of our nation and many foreign countries; NOW, THEREFORE, the Iredell County Board of Commissioners hereby proclaims the week of November 3 - 10, 1985 as ROYAL AMBASSADOR WEEK in Iredel] County and urges all our citizens to make themselves aware of the excellent work which this organization has undertaken. IREDELL COUNTY BOARD OF COMMISSIONERS Larry S. Hedrick, Chairman Adopted 15 October 1985. VOTING: Ayes - 5; Nays - 0. EXECUTIVE SESSION: Motion from Chairman Hedrick to adjourn to executive session for the purpose of discussing personnel matters. eeiare. ee ; 4 none sali nik TOM cS hs oc A EN: oR 216 VOTING: Ayes - 5; Nays - 0. MOTION from Chairman Hedrick to adjourn the executive session to regular session. VOTING: Ayes - 5; Nays - 0. sie Stag MEETING DATES: The following dates were set for additional meetings during the month of ctober: October 22, 1985, 1:00 p.m. County Annex Conference Room October 29, 1985, 12:00 Noon County Annex Conference Room (Public Hearing on amending the recently adopted Wastewater Treatment Ordinance) ADJOURN: MOTION from Chairman Hedrick to adjourn the meeting at ay a.m. Next meeting: October 22, 1985, 1:00 p.m., County Annex Conference Room, Statesville, 4 yf. 7Ll/ Str Bat “J Clerk to the Board APPROVED: W/o ss ofS IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES OCTOBER 22, 1985 The Iredell County Board of Commissioners met in Adjourned Regular Session on Tuesday, October 22, 1985, 1:00 p.m., County Annex Conference Room, Statesville, NC. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager Jerry Lundy, Code Enforcement Director and Interim Planning Director F. William Furches, Jr., Finance Officer Alice Fortner, Clerk to the Board _ CALL TO ORDER: By Chairman Hedrick INVOCATION: By Chairman Hedrick APPROVAL OF MINUTES: Approval of minutes of July 11, August 5, 6, 20 ‘ September 3, 5, 10, 17, 23, October 1, 7, 15, 1985 were postponed until a later date. PLANNING BOARD: FINDINGS OF FACT - MALLARD HEAD PLANNED RESIDENTIAL DEVELOPMENT AND RIDGECLIFF PLANNED RESIDENTIAL DEVELOPMENT: Mr. Jerry Lundy, Code Enforcements Director and Interim Planning Director, presented these two documents to the board. Both Mr. Lundy and the county attorney, Mr. William P. Pope, had reviewed them, and Mr. Pope had recommended some changes on the Mallard Head Findings of Facts, which was prepared by Mr. Jerry Davenport. These changes were made by consent of both attorneys and were at this time recommended to the board by Mr. Lundy. Mr. Pope prepared the Ridgecliff PRD Findings of Fact. MOTION from Commissioner Stewart to approve the Findings of Fact for the Mallard Head Planned Residential Development as modified as follows: IREDELL COUNTY STATE OF NORTH CAROLINA & 217 MATTER: MODIFICATION OF SPECIAL USE PERMIT FOR MALLARD HEAD PLANNED RESIDENTIAL DEVELOPMENT ACTION TAKEN: GRANTED SUBJECT TO CONDITIONS On July 11, 1985 and August 6, 1985 the Iredell County Board of Commissioners met and held a public hearing to consider a modification to the Special Use Permit for Mallard Head Planned Residential Development. Having heard all the evidence and arguments presented at the hearings, the Board makes the following findings of fact: 1. That this modification involves the addition of a wastewater treatment plant to serve a forty-unit development; 2. That the proposed treatment plant would (a) be located over 1100 feet from Lake Norman, (b) be located over 750 feet from the nearest residential structure, (c) be located downhill (approximately 8 feet difference in elevation) from the approved well site; (d) discharge to a dry stream bed so that the quality of discharge wil] be determined by the capabilities of the plant itself and not that of the receiving body. 3. That the properties adjoining the proposed treatment plant are zoned for residential/agricultural use, namely an R/A District, that an open space of at least 45 feet shall be provided between the property line and the proposed building or accessory use. 4. That the developer has applied for a wastewater discharge permit from the Department of Natural Resources and Community Development of the State of North Carolina, which is the appropriate State or local agency to review plans of this nature. 5. That the open space area outside of the pool, club or change house is not designated in terms of more specific uses or the nature of the area, i.e. wooded vegetation, lawn, etc. WHEREFORE, THE Board finds as follows: 6. That the proposed modification to provide a wastewater sewage disposal system for this development is a modification of the special use permit which affects the basic relationships of the ordinance under which the special use permit was approved. 7. That the developer has produced competent, material and substantial evidence at the public hearings which tended to show that the proposed modification would comply with the standards and requirements of the Iredell County Zoning Ordinance at the time the special use permit was approved, and more specifically has established that all the "Development Standards" set out in Section 87 have been satisfactorily met, or will be met prior to issuance of a Certificate of Compliance, and that no part of the proposed development will be located or operated as to create a nuisance to nearby residential areas. es More particularly the Board finds as regards those specific standards brought into question by the nature of the modification that: (a) the total development, considered in light of the modifications proposed, is capable of creating an environment of sustained desirability and stability; (b) the plans for the proposed PRD sewer system have been reviewed by the appropriate State and local agencies; (c) the above-ground sewage treatment facility shall be buffered from adjacent residential properties; (d) the PRD will provide an “open space" of at least 45 feet between the facility (which will be less than 15 feet in height) and any adjacent property line; (e) the proposed modification will not decrease the useable open space ‘ available for active and/or passive recreation needs of adjacent dwelling units; (f) the proposed modification will not pose a significant adverse impact on the water quality of Lake Norman. 8. That it is appropriate and reasonable to attach the following condition concerning the design of this sewage treatment facility, namely that the facility include a solinoid operated safety valve as part of the design instead of a backup emergency generator, unless the latter be required by the Department of Natural Resources and Community Development. THEREFORE, THE PROPOSED MODIFICATION OF A SPECIAL USE PERMIT FOR THE § MALLARD HEAD PLANNED RESIDENTIAL DEVELOPMENT IS GRANTED SUBJECT TO THE CONDITION SET OUT IN FINDING NUMBER 8 ABOVE. ms m bia ag ir Per? pine one ies . i eo talee Ra YAR S ieteanbl seh 5 ARS RS dar cial: TS A * 218 The foregoing decision was rendered by the Board of Commissioners of Iredell County on the 22nd day of October, 1985. IN WITNESS WHEREOF, the County of Iredell has caused this permit to be issued in its name, and the undersigned, being all of the property owners of the property described above, do hereby accept this Special Use Permit, together with all its conditions, as binding on them and their successors in interest. COUNTY OF IREDELL | 2 has & hated é Chairman ATTEST: (SA) OWNERS: NORTH CAROLINA IREDELL COUNTY I » a Notrary Public in and for said State and County, do hereby certify that personally appeared before me this day and acknowledge the due execution of the foregoing instrument. Witness my hand and notarial seal, this the day of _ , 1985. Notary Public My commission expires: (This permit modification is not valid until fully executed and recorded.) VOTING: Ayes - 5; Nays - 0. RIDGECLIFF PLANNED RESIDENTIAL DEVELOPMENT, FINDINGS OF FACT: MOTION from Chairman Hedrick to adopt the following: FINDINGS OF FACT FOR SPECIAL USE PERMIT RIDGECLIFF DEVELOPMENT Before The Commissioners on September 3, 1985 THE MATTER OF RIDGECLIFF SPECIAL USE DISTRICT came on for hearing before the IREDELL COUNTY BOARD OF COMMISSIONERS on September 3, 1985; A PUBLIC HEARING was convened with all Commissioners in attendance; at said PUBLIC HEARING the Commissioners were represented by the County Attorney, William P. Pope, and the proponents were present in person but not represented by counsel and no opponents to the project were present. All witnesses were sworn and evidence was offered, following which the Commissioners made the following: FINDINGS OF FACT 1. A public hearing was duly held on September 3, 1985 in the manner prescribed by law. All proponents and opponents of the Ridgecliff Development rezoning and special use permit application received PUBLIC NOTICE of the hearing as required by the Zoning Ordinance and were given an opportunity to be heard. William P. Pope, County Attorney, explained the rules of procedure and evidence to be followed. Said rules are a part of the Zoning Ordinance of Iredell County. The matter came on for PUBLIC HEARING as a result of a simultaneous application for rezoning and for special use permit application for a certain 23.5 acre tract of real estate located on Lake Norman in Iredell County. 10. 11. 12. 13. 14, 15. 17. 18. 19. 20. moet wt: a ee 1 RII Ft ci MMR Aen ATA peal, 2 Se The property consists of a 23.5 acre tract shown on Exhibit 1, Twenty-one (21) dwelling units will be constructed. Six (5) of said units will be single-family and seven (7) buildings will be built "attached." No building of a non-residential] character will be built. The maximum density will be .895 units per acre. The project will be built in one phase with no future additions contemplated. The building locations on Exhibit 1 are approximate, but no building will be constructed less than 35 feet from front and rear lot lines and less than 15 feet from side lot lines. All buildings will be under 35 feet in height. No above-ground sewage treatment facility will be built. All units will be served by septic tanks. Water will be provided by individual wells or by a community well system. Twenty-three thousand square feet of commonly owned open space will be conveyed to the Property Owners Association prior to the sale of any property. All technical specifications of Section 87.2 of the Zoning Ordinance either have been or will be met before any of the property is sold. Plans and specifications will be approved by the D.0.T. and Health Department prior to the sale of any of the property. The Planning Board voted 6 to 1 to recommend approval of the rezoning and special use permit. All streets in the property will be built to D.0.T. specifications but will remain private streets until accepted into the State System. Maintenance of the streets will be by the Property Owners Association until such time, if ever, as the streets are accepted into the State System. The boundaries of the property will all be buffered by natural wooded buffers. The development creates an environment of sustained desirability and stability. The property will be controlled by master restrictive covenants recorded with reference to same being made in each deed. In the event a community well is constructed, the liability insurance requirements of the Ordinance in effect when the property is sold will be complied with by the developer. Precautions are being and will be taken to protect the quality of water in Lake Norman from discharge of sewage and from run-off and erosion as required by Section 87.11 of the Ordinance. Provisions shall be made for adequate design of grades and drainage so as to make due allowance for storm waters and to prevent erosion and the formation of dust and to protect the waters cf Lake Norman. The property subject to this special use permit does not contain an island. The Iredell County School Superintendent has seen and favorably reviewed the plans. The application before the Zoning Board and the Commissioners is complete. No part of the proposed development shall be located or operated so as to create a nuisance to nearby residential areas. The owner of the property and proponent of rezoning has agreed to the following special conditions being made a part of the special use permit: (a) No modification shall be considered except upon application by the Property Owners Association. (b) No more than eleven (11) piers will be permitted with up to a maximum of twenty-one (21) boat slips allowed. The location of all piers and boat slips will be selected by the Property Owners Association. All applications for building permits for piers shall be submitted by the Property Owners Association. The open space shown on Exhibit 1 shall be deeded to the Property Owners Association subject to a well easement reserved by the developer. The Charter and By-laws of the Property 919 I tlie RMR, IAA de et MIMS SS SAL AI li 8 220 Owners Association will be in place prior to the sale of any property. (d) Approval of this special usc permit shall be effective only after the Iredel] County Planning Director has determined: i. Approval has been granted by the District ili ghway Engineer. ii. Plans for water and sewer have been approved by State or local health authorities as appropriate. iii. Liability insurance as required by the Ordinance in effect at the time of the issuance of the first building shall be complied with by the developer. (e) Residential units shown on Exhibit 1 as "attached" may be built “detached" but no more units shall be permitted per lot than are shown on Exhibit 1. No side yard setbacks will be required between the units shown as "attached" if built "detached." (f) Lots shown with multiple units may be divided by the developer (without the requirements of a modificiation) into as many lots as there are units shown on Exhibit 1, i.e. a maximum of 21 lots for the entire project. (g) Each unit constructed willbe served by a septic tank (conventional ground absorption system). Based upon the foregoing findings of fact the Iredell County Board of Commissioners makes the following: CONCLUSIONS 1. The Ridgecliff application is complete. 2. The development standards of Section 87.2 of the Zoning Ordinance either have been met or will be met prior to the issuance of any building permit. 3. The proposed development will be located or operated so as not to create a nuisance to nearby residential areas. 4. Precaution has been taken and will be taken to protect the quality of the water of Lake Norman from discharge, runoff and erosion. 5. The factors set out in Section 87.7 of the Iredell County Zoning Ordinance have been considered and evaluated and the development will create an environment of sustained desirability and stability. G6. It is in the best interest of the citizens and taxpayers of Iredell County that the developer be allowed to proceed and that the property be rezoned to PRD and that a special use permit be granted with the express understanding that the developer will comply with the findings of fact contained herein and the representations made by him to the Commissioners at the Hearing on September 3, 1985. Based upon the foregoing findings of fact and conclusions and upon a vote of 5 to 0, the Board of Commissioners of Iredel} County hereby ORDERS, ADJUDGES AND DECREES that the property be rezoned to PRD and that the special use permit be approved, granted and issued in the form and substance as set out in the application, subject to and upon the express condition, however, that the conditions and specifications set forth in finding of fact number 20 above shall be incorporated into and made a part of a condition of this approval. The foregoing findings of fact were reviewed and adopted by the Board of Commissioners at the regular meeting of said Board held on the 22nd day of October, 1985. Read, approved and certified by: Z, a hi F Kbedluek (Sem) aoe S. Hedrigk, Chairman IREDELL COUNTY BOARD OF COMMISSIONERS , a4 Lhe Sit (SEAL) Alice Fortner, Clerk IREDELL COUNTY BOARD OF COMMISSIONERS i tee Spit ee a sa sid ih. 5c RL MSD. ts, sah geen Seda. as 26) VOTING: Ayes - 5; Nays - 9. SPECIAL RESOLUTION: UNITED NEGRO COLLEGE FUND SUNDAY: MOTION from Chairman Hedrick to adopt the following Special Resolution, which was presented by Commissioner Crosswhite: UNITED NEGRO COLLEGE FUND SUNDAY WHEREAS, quality education is the purpose of the United Negro College Fund, which represents a consortium of forty-three privately owned, fully accredited, predominantly black colleges and universities; and WHEREAS, the United Negro College Fund conducts an annual drive covering more than forty-one states and the District of Columbia with the help of thousands of volunteers; and WHEREAS, the United Negro College Fund exists solely for its member colleges and universities; and WHEREAS, support of the United Negro College Fund helps develop quality education, leadership, and talent; and WHEREAS, the United Negro College Fund has a commitment to its schools and to the nation, firmly believing that better, stronger educational institutions will help make the United States a better, stronger nation; now THEREFORE, the Iredell County Board of Commissioners does hereby proclaim the twentieth day of October, 1985, as UNITED NEGRO COLLEGE FUND SUNDAY in Iredell County and commends this observance to our citizens. IREDELL COUNTY BOARD OF COMMISSIONERS s/Jessie S. Crosswhite Member of the Board VOTING: Ayes - 5; Nays - 0. LOWRANCE HOSPITAL, INC. - CALL FOR PUBLIC HEARING: MOTION from Chairman Hedrick to call for a public hearing in regard to the proposed sale or lease of the Lowrance Hospital, Inc., Wednesday, November 6, 1985, 7:30 p.m., Courtroom, Municipal Building, 413 North Main Street, Mooresville, NC, VOTING: Ayes - 5; Nays - 0. WORK SESSION: The remainder of the meeting was a work session with the board, county manager, and other members of the staff discussing county business. Items discussed were: PLANNING, INSPECTIONS & CODE ENFORCEMENT: The county manager recommended that inspections and planning be left under the supervision of Mr. Jerry Lundy for the time being. Mr. Deal also suggested that a planner be hired at a Grade 69. Mr. Deal said it may become necessary at some point to divide inspections and planning again. Mr. Deal said the person hired for the planning position needed to have considerable expertise in the planning field. MOTION from Commissioner Stewart to authorize the manager to advertise for the position of a planner in whatever areas the person needs to be qualified, to start at Grade 69. VOTING: Ayes - 5; Nays - 0. Mr. Lundy, code enforcements director and interim planning director, recommended a joint meet- ing with the county commissioners and the planning board. During further discussion of this pro- posed meeting, it was decided that Mr. Lundy and Mr. Deal would come up with a proposed outline of topics to discuss, bring it back to the board, and a date would be arranged for this meeting. the board some future plans for a consulting team which would be North Carolina Association of County Commissioners. This would be The board was in favor of this arrange- Mr. Deal discussed with arranged through Mr. Ron Aycock, at no charge to the county other than meals and lodging. ment. PLANNING AT LANDFILL: The county manager discussed with the board some plans he had regarding the operation of the landfill. Some of the items discussed were: (1) Future landfill sites (2) Possible future incineration of solid waste (3) Recycling of the old tires after they have been slitted (4) Recycling of the methane gas No board action was taken in regard to any of these matters. Commissioner Stewart asked the county manager to contact Riley B. Sloan, Crescent Electric Company regarding incineration of solid waste. SCHOOL BOND ISSUE: A discussion was held among the board members regarding the proposed bond referendum for the three school systems. The county manager, Mr. Deal, said he would meet with the three school superintendents and see if a consensus could be reached regarding their proposed needs. EMERGENCY MEDICAL SERVICE - NORTH IREDELL HEADQUARTERS: Chairman Hedrick brought up the offer regarding location of the North Iredell headquarters for the EMS at the Tri-County Medical Park. Questions were raised regarding the cost of moving the house now located at the Union Grove Elemen- tary School, which was proposed to be used for the EMS headquarters in North Iredell. Also ques- tions were raised regarding the maintenance of this building. HIGHWAY 901 PROPERTY, HARMONY: A brief discussion was held regarding the use of the captioned property. HEALTH DEPARTMENT - PROPOSED NEW OFFICE LOCATION: The board was apprised by Commissioner Crosswhite about a plan for using a portion of the old Davis Hospital Building for a future site for the health department. ANIMAL CONTROL ORDINANCE - PROPOSED AMENDMENT: This proposal, which deals with a leash law in the county, has been given to the county attorney for preparation of a proposed amendment. PROPOSED ORDINANCE GOVERNING PORNOGRAPHIC MATERIALS: This matter was discussed briefly, and it was suggested that it be placed on the October 29th agenda. ADJOURN: Chairman Hedrick made a motion adjourn the meeting at 2:00 p.m. Next meeting: October 29, 1985, 12:00 Noon, County Annex Conference Room, Statesville, NC. ALE z a oS ot AS Clerk APPROVED: ///s/ fs IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES OCTOBER 29, 1985 The Iredell County Board of Commissioners met in Adjourned Regular Session on Tuesday, October 29, 1985, 12:00 Noon, County Annex Conference Room, Statesville, NC. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney Jerry Lundy, Interim Planning Director and Code Enforcements Director F. William Furches, Jr., Finance Officer Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick INVOCATION: Silent Prayer LOWRANCE HOSPITAL, INC. - PROPOSED SALE OR LEASE: Mr. Bill Pope, County Attorney, gave the board an update on the activities of the committee involved in the proposed sale or lease of Lowrance Hospital, Inc. A discussion was held regarding retaining an expert in the field of selling, purchasing, and leasing hospitals. Mr. Terry Lynn, Ernst and Whinney, is looking at the bids from an economic viewpoint. Some of the things Mr. Pope said needed to be addressed in the selection are the quality of care, level of indigent care, medical and surgical clinics, and other pertinent matters. Mr. Deal shared a letter he had received from a professional who was interested in representing the county and the hospital in reviewing the bids. i ES Ese Se A 2 PGMs Se u ear 523 It was the consensus of the board that someone would be needed to analyze the bids, and that it would be left up to the committee to decide at what point a professional would need to be involved. Mr. Pope said they would get an opinion from Mr. Lynn on whether a professional would be needed to serve in this capacity. The board agreed that funds to pay for this professional would come from the sale or lease of the hospital, if such a transaction is made. A question concerning an appraisal of the hospital was raised, and it was the consensus of the board that an appraisal would not be made unless it was required. 1:00 p.m. PUBLIC HEARING: MOTION from Chairman Hedrick to adjourn the meeting to a public hearing. VOTING: Ayes - 5; Nays - 0. ORDINANCE REGULATING COMMUNITY WASTE WATER DISPOSAL SYSTEMS IN IREDELL COUNTY - AMENDED: Mr. Jerry Lundy presented two amendments to the captioned ordinance that he and the county attorney recommended to the board. These were: (1) Page 2, Section 3.1(b), line 7, changing". . .50 feet of any property line...." to read". . .45 feet of any property line... ." (2) Page 3, Section 3(a) eliminate, and add the following: a. Community Waste Water Disposal Systems will be designated so that there will be a source of permanent, on-site emergency standby power. In the alternative a solenoid operated valve installed in the water supply system that will shut off water to all units in the event of electrical failure at the waste disposal facility may be allowed in lieu of standby power. Nothing in this paragraph shall be interpreted as a substitute for any requirements of the North Carolina Public Utilities Commission or the North Carolina Department of Human Resources, Division of Health Services. MOTION from Chairman Hedrick to adjourn the Public Hearing back to regular session. VOTING: Ayes - 5; Nays - 0. AN ORDINANCE REGULATING COMMUNITY WASTE WATER DISPOSAL SYSTEMS IN IREDELL COUNTY - AMENDED: MOTION from Chairman Hedrick to adopt the changes in the Ordinance Regulating Community Waste Water Disposal Systems in Iredell County as recommended by the planning director and county attorney. VOTING: Ayes - 5; Nays - 0. Amended Ordinance filed in Ordinance Book II, pp. 537-542. INSURANCE REQUIREMENTS IN THE ZONING ORDINANCE: Mr. Jerry Lundy and Mr. Bill Pope discussed the insurance requirements in the zoning ordinance with the board. In Section 82 of the Zoning Ordinance, pertaining to Planned Residential Developments, a $10,000 per unit liability insurance is required. Mr. Lundy said it was difficult to obtain insurance of this nature. Mr. Jerry Davenport has talked with an insurance broker in Durham, George Williams Agency, that says this coverage is available, but it is very expensive. In regard to the the bond requirements in the Ordinance Governing Community Waste Water Disposal Systems, which is $10,000 or $2,000 per unit, Mr. George Wil!liams believed the requirement could be met. The cost would be approximately $10 per $1,000 coverage. Mr. Pope and Mr. Lundy reported that environmental coverage is not available at any price. In summarizing, Mr. Pope gave the following information: (1) Bond to create a fund in case of a default to repair or maintain the sewage treatment system: Durham Agency said it was economically available at $10 to $20 per $1,000. (2) Liability to cover damage to the disposal system or to the housing units: impractical to obtain; no alternatives known at this time. After further discussion the board, by consensus, asked Mr. Lundy to check into the matter further and make a recommendation to the board. An amendment to the zoning ordinance in reference to insurance requirements will be proposed. A public hearing on this amendment was set for Monday, November 18, 1985, 12:00 Noon, County Annex Conference Room, Statesville. ADMINISTRATIVE MATTERS: The county manager, Mr. Wayne Deal, discussed with the board matters concerning office space for county departments. He advised the board of the possibility of a lease- purchase arrangement which may be used for acquiring needed office space for counties and which is now being considered by the Local Government Comission. In discussing court-related housing facilities, Mr. Deal said he plans to move the juvenile 524 probation officers to the Parlier Building, and the house where the juvenile probation officers now have office space will be utilized by the adult probation officers. This arrangement seems to be agreeable with both agencies, Mr. Deal said. Mr. Deal distributed information to the board as follows: Report on construction activities in the county, report on hazardous waste amount generated in the county, and background information on current status of the water and sewer allocations as prepared by the finance officer. In discussing the county's allocation to the two chambers of commerce, Mr. Deal said the county had to be sure the funds allocated to the two chambers are used for industrial development and not for administrative purposes. He suggested a report from the two chambers to show how the county funds are expended. Mr. Deal reported that he had met with the three school superintendents on Friday, October 25th, and that he had also spoken with Mr. J. D. Foust, Local Government Commission, regarding the arrangements for a school bond referendum. Mr. Foust had said that funds through a general obliga- tion bond referendum must be on a per pupil allocation. This is the position that the Local Government Commission has always taken. Mr. Deal said in his conversation with the three school superintendents, he did not believe they were anywhere near reaching an agreement; and unless the three school systems get together and agree on something they can suport, he did not believe there is a very good outlook for a bond referendum. He said he believed the project is now at an impasse. EXECUTIVE SESSION: MOTION from Chairman Hedrick to adjourn to executive session for the purpose of discussing possible litigation. VOTING: Ayes - 5; Nays - 0. MOTION to adjourn from executive session from Chairman Hedrick. VOTING: Ayes - 5; Nays - 0. ADJOURN: Chairman Hedrick adjourned the meeting at 3:00 p.m. Next meeting scheduled for November 5, 1985, 7:30 p.m., Agricultural Center Conference Rooms 1 and 2. if le td nat At ntr/ Clerk to the Board APPROVED //- S-- 5 5” IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES NOVEMBER 4, 1985 The Iredell County Board of Commissioners met in a Special Meeting on Monday, November 4, 1985 12:00 Noon, Statesville City Club. Present for the meeting were: , ; : ~ Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney Alice Fortner, Clerk to the Board ‘ CALL TO ORDER: By Chairman Hedrick INDUSTRIAL REVENUE BOND PROJECT: ESA PRODUCTS, INC.: Commissioner Hedrick introduced the end 9 a copy of which had been distributed to each Commissioner and the title of which was read: RESOLUTION APPROVING THE ISSUANCE BY THE IREDELL COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY OF ITS INDUSTRIAL REVENUE BOND (EGA PRODUCTS, INC. PROJECT) IN THE PRINCIPAL AMOUNT OF $550,000 TO FINANCE AN INDUSTRIAL PROJECT FOR EGA PRODUCTS, INC. ee Soba ded be Re : suid ene 929 BE IT RESOLVED by the Board of Commissioners for the County of Iredel1: Section 1. The Board of Commissioners has determined and does hereby declare as follows: (a) The Board of Commissioners of The Iredell County Industrial Facilities and Pollution Control Financing Authority (herein referred to as the "Authority") met on November 4, 1985 and took the following action in connection with the proposed issuance and sale of the Authority's Industrial ooan es Bond (EGA Products, Inc. Project), in the principal amount of .mt0 550,000: 1. approved the form of a Loan Agreement, to be dated as of November 4, 1985, by and between the Authority and EGA Products, Inc., a North Carolina corporation (the "Company"); 2. approved and authorized the endorsement without recourse and pledge of a promissory note of the Company, to be dated as of November 4, 1985; 3. approved the form of an Assignment, to be dated as of November 4, 1985, from the Authority to Wachovia Bank and Trust Company, N.A. (the "Purchaser" ); 4. authorized the borrowing under the issuance and performance of the Authority's Industrial Revenue Bond (EGA Products, nC. Project), in the principal amount of $550,000, and directed the execution and delivery of said Bond; 5. approved the form of the Bond Purchase Agreement, to be dated as of November 4, 1985, by and among the Authority, the Purchaser and the Company, providing for the issuance and sale of the Bond; 6. approved the form of the Project Security Agreement, to be dated as of November 4, 1985, by and between the Company and the Authority; 7. approved the form of the Deed of Trust, to be dated as of November 4, 1985, from the Company to David C. Swann, as trustee for the benefit of the Authority; 8. approved the acceptance of the Letter of Credit, to be dated November 6, 1985, from M&l Northern Bank; 9. approved the form of the Company Guaranty Agreement, to be dated November 4, 1985, from the Company and EGA Products, Inc., a Wisconsin corporation (the "Guarantor"), to the Purchaser; 10. approved the acceptance of the Collateral Security Agreement, to be dated as of November 4, 1985, from the Guarantor to the Purchaser; and 11. approved the form of Guaranty Agreement, to be dated as of November 4, 1985, from Mr. & Mrs. Walter Young to the Purchaser. b. The Board of Commissioners for the County of Iredell has reviewed the action taken by the Board of Commissioners of the Authority in connection with the issuance and sale of the Bond and has made such other examination and investigation as it deems necessary and relevant as the basis for the approval set forth herein. Section 2. Pursuant to and in satisfaction of the requirements of Section 159C-4(d) of the General Statutes of North Carolina, the Board of Commissioners for the County of Iredell hereby approves the issuance by the Authority of its Industrial Revenue Bond (EGA Products, Inc. Project) in thee principal amount not to exceed $550,000. Section 3. This resolution shall take effect immediately upon its passage. Commissioner Hedrick moved the passage of the foregoing resolution and Commissioner seconded the motion, and the resolution was passed by the following vote: Ayes: Commissioners Hedrick, Murdock, Mills, Crosswhite, and Stewart Noes: None REPORT FROM LOWRANCE HOSPITAL COMMITTEE FOR PROPOSED SALE OR LEASE OF HOSPITAL: County Attor- ney William P. Pope gave a report on the captioned committee's trip to Sebring and Naples, Florida, to see HMA's hospital operation at Sebring and to tour the company's office facilities in Naples. Mr. Pope said all those who went on this trip were enthusiastic about the HMA offer. ia ae re ae te MARS, pia os a a (i tteha TS Re; PAabbehiet ‘Yuh RMN Sisal PO i nF ha Leet ADJOURN: Chairman Hedrick adjourned the meeting at 12:30 p.m. Next meeting: November 5, 1985, 7:30 p.m., Agricultural Center Conference Rooms 1 and 2, Statesville, NC. firtnt 1 L, CL Clerk to the Board ~ APPROVED: _//- 1G - a5 IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES NOVEMBER 5, 1985 The Iredell County Board of Commissioners met in Regular Session on Tuesday evening, November 5, 1985, 7:30, Agricultural Center Conference Rooms 1 and 2. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney Jerry Lundy, Interim Planning Director Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick INVOCATION: By Chairman Hedrick PRESENTATION OF SPECIAL RESOLUTION - RUDY DAVIS: MOTION from Chairman Hedrick to present the following special resolution: IN APPRECIATION WHEREAS, Rudolf F. Davis came to Iredell] County on February 16, 1976 to serve as Iredell County's first Recreation Director, and WHEREAS, under his leadership recreation programs were initiated for citizens of all ages, and WHEREAS, Iredell County citizens have benefitted from the Iredell County Recreation Department, NOW, THEREFORE, the Iredell County Board of Commissioners expresses its appreciation for the fine job Rudy Davis.~has done in behalf of the citizens of Iredell County, AND FURTHER wishes him well in his personal and professional future. IREDELL COUNTY BOARD OF COMMISSIONERS s/Larry S. Hedrick Chairman ADOPTED 5 November 1985. VOTING: Ayes - 5; Nays - 0. APPROVAL OF MINUTES: MOTION from Commissioner Murdock to approve the minutes from the July 11, August 5, August 6, August 20, September 3, September 5, September 10, September 17, September 23, cis Nak Neh 92/7 October 1, October 15, October 17, October 22, and October 29 meetings. VOTING: Ayes - 5; Nays - 0. NATIONAL EDUCATION WEEK: Commissioner Murdock informed the board that National Education Week is in November, and she asked that a resolution be written to recognize this week in Iredell County. Resolution is to be presented at the next regular meeting of the board. DISCUSSION OF MITCHELL COMMUNITY COLLEGE: Dr. Arthur S. Harberts, representing a group of citizens who live in the area of Mitchell Community College, discussed his concerns about the growth of the college and the impact that it will have on the neighborhood. He showed plats that gave the growth patterns of the college and a projected growth in the future. His concern was that the neighborhood was going to become a community of “concrete and buildings." He said they had been following the expansion of Mitchell Community College since 1978, when the Science Building was built. They have gone to the board of trustees at Mitchell, but nothing ever came of it. Dr. Harberts suggested that an “out-of-town expert" look at the function of the college and perhaps give the people some jdeas about what direction the building program at Mitchell should take. He also suggested that the county commissioners meet with the building committee and discuss this matter further. Chairman Hedrick said the board would take this information under advisement and that the board members would like to discuss it further among themselves. SPECIAL GUESTS RECOGNIZED: The Honorable James G. Martin, Governor of North Carolina; The Honorable Robert Brawley, North Carolina House of Representatives; and The Honorable Lois Walker, North Carolina House of Representatives; and The Honorable William W. Redman, Jr., North Carolina Senate, were recognized by Chairman Hedrick when they entered the meeting. COMMUNITY DEVELOPMENT BLOCK GRANT RECEIVED: Governor James G. Martin announced the receipt of a $750,000 CDBG grant by Iredell County in connection with the planned water and sewer line exten- sions from Mooresville's current lines to the I-77 and N. C. 150 intersection. Immediately following this announcement the Governor, Representative Brawley, and Representa- tive Walker left the meeting. FUNDING FOR MOORESVILLE/SOUTH IREDELL CHAMBER OF COMMERCE: County Manager Wayne Deal discussed with the board a letter he received from the Institute of Government in reference to using county funds for the chambers of commerce. He said that any appropriation must be for industrial development, each expenditure must be approved in advance, and the chambers must account to the City or County at the end of each fiscal year stating what the use of the local government funds. Mr. Deal said he would apprise both chambers of commerce of these regulations from the Institute of Government. MOTION from Chairman Hedrick to bring forth the tabled motion from the meeting held on October 15, 1985. VOTING: Ayes - 5; Nays - 0. MOTION from Chairman Hedrick to grant the request for an additional $12,000 to the Moores- ville/South Iredel] Chamber of Commerce for the remainder of the 1985-86 fiscal year, with an annual increase of $16,500 in county funding, and that an accounting be given annually of the expenditure of all county funds. These funds are to come from the county's non-tax revenues. eal VOTING: Ayes - 5; Nays - 0. PUBLIC HEARINGS: MOTION from Chairman Hedrick to adjourn the meeting to a public hearing. VOTING: Ayes - 5; Nays - 9. INDUSTRIAL REVENUE BONDS - ACCUMA, INC.: Mr. Roy Smart, attorney representing Accuma, Inc., a European-based company that is considering locating in Iredell County, came before the board on behalf of Accuma, Inc. The Chairman stated that pursuant to Chapter 159C of the General Statutes of North Carolina and the regulations thereunder he had been advised that The Iredell County Industrial Facilities and Pollution Control Financing Authority (the "Authority") intended to file an application with the Secretary of the Department of Commerce for approval of an industrial and manufacturing project in Iredell County, North Carolina, consisting of the acquisition of approximately 10-15 acres of real property contiguous with the Southern Railway line located on the north side of Highway 70 East approximately 1/2 mile outside the Statesville city limits in Iredell County, North Carolina and the construction thereon of an approximately 50,000 square foot manufacturing facility and the acquisi- tion and installation therein of machinery and equipment by Accuma Corporation, a North Carolina corporation (the "Company"), all for the manufacture of plastic components for the use in the battery industry (the "Project") and to be financed for the Company by the issuance of approximately $3,300,000 aggregate principal amount of bonds of the Authority. Since such application for appro- val cannot, under regulations of the Department of Commerce, be officially received until, among other things, the Board has, by resolution after having held a public hearing, approved the issue of the bonds for the proposed Project and approves the Project in principle, the Authority has recommended and requested that the Board pass such resolution. 1 36tcM k t I. a 928 The Chairman presented copies of the Authority's resolution approving the Project and the inducement agreement between the Authority and the Company to the Board. The Chairman then stated that a notice had been published by the Clerk to the Board on October 20, 1985 stating that the Board would hold a public hearing on November 5, 1985 on the proposed revenue bond issue and the Project (the "Notice"). Commissioner Hedrick moved that the Board ratify the Publication of the Notice and designate this meeting as a public hearing on the revenue bond issue and the Project. This motion was seconded by Commissioner Murdock and was unanimously adopted. At 7:45 o'clock, P.M., the Chairman announced that the Board would hear anyone who wished to be heard on the advisability of issuing the revenue bonds and the project. The names and addresses of the persons who were present and summaries of their comments are as follows: Roy L. Smart, III, attorney for the Accuma Company, Inc., explained the company's plans for industrial development in Iredell County. He told how many persons they planned to hire, gave information regarding the size and cost of the plant to be built, and how much money the company planned to spend in Iredell County. No one else spoke regarding the project. After the Board had heard all persons who requested to be heard, Commissioner Hedrick moved that the public hearing be closed. The motion was seconded by Commissioner Murdock and was unani- mously adopted. Commissioner Hedrick introduced the following resolution which was read at length: RESOLUTION APPROVING THE ISSUANCE BY THE IREDELL COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY OF ITS $3,300,000 INDUSTRIAL REVENUE BOND (ACCUMA CORPORATION PROJECT) TO FINANCE AN INDUSTRIAL AND MANUFACTURING PROJECT IN IREDELL COUNTY, NORTH CAROLINA FOR ACCUMA CORPORATION AND APPROVING SUCH PROJECT IN PRINCIPLE. WHEREAS, The Board of County Commissioners has created a political subdivision and body corpo- rate and politic of the State of North Carolina known as "The Iredell] County Industrial Facilities and Pollution Control Financing Authority" (the "Authority"); and WHEREAS, the Authority is authorized under the Industrial and Pollution Control Facilities Financing Act, Chapter 159C of the General Stetutes of North Carolina (the “Act"), to issue revenue bonds for the purpose, among others, of paying all or any part of the cost of any industrial or pollution control project for industry; to acquire, construct, improve and equip any such project; and to make and execute financing agreements, security documents and other contracts and instruments necessary or convenient in the exercise of such powers; and WHEREAS, the Authority has determined to issue its revenue bonds to pay all or a portion of the costs of the acquisition, construction and installation of an industrial facility in Iredell County for the manufacture of plastic components and related products for use in the battery industry (the "Project"), to be operated by Accuma Corporation; and WHEREAS, the Authority intends to file an application for approval of the Project with the Secretary of the Department of Commerce (the "Department"), as required by the Act; and WHEREAS, the Department has, by regulation, provided that no application for approval of a project will be officially received until the governing body of the County from which the applica- tion is made has, by resolution after having held a public hearing, approved the issue of revenue bonds and approved in principle the proposed project and a certified copy of such resolution has been provided to the Department; and WHEREAS, the Board of County Commissioners, pursuant to public notice duly given, has held a public hearing on the proposed revenue bond issue and Project and has considered the comments of persons who requested to be heard; and WHEREAS, the Board of County Commissioners desires to approve the issuance of revenue bonds and approve the Project in principle; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Iredell as follows: (1) The issuance of revenue bonds by the Authority to finance the Project is hereby approved. (2) The Project is hereby approved in principle. (3) The Clerk of the Board of Commissioners is hereby authorized and directed to provide a certified copy of this resolution to the Department. (4) The Board of County Commissioners hereby requests that the State of North Carolina, pursuant to Executive Order 113 of the Governor of the State of North Carolina, allocate to the above-described revenue bonds and Project $3,300,000 of Volume Limitation (as defined in said Executive Order), and the Chairman or Vice Chairman of said Board is hereby authorized to certify =. 4% 929 under penalties of perjury that this request is not made in consideration of any bribe, Gift, gratuity, or direct or indirect contribution to any political campaign. 5) This resolution shall take effect immediately upon its passage. y up p g Commmissioner Murdock moved the passage of the foregoing resolution and Commissioner Stewart seconded the motion, and the resolution was passed by the following vote: Ayes: 5 Nays: 0 PUBLIC HEARINGS RESUMED: MOTION from Chairman Hedrick to adjourn to public hearing. VOTING: Ayes - 5; Nays - 0. CLOSING A PORTION OF S. R. 2350: A request was received from the N. C. Department of Transpor- tation, asking the county board of commissioners to approve closing a 200' section of S. R. 2350, Murdock Road, which is no longer in service since this road has been relocated. No one present spoke for or against this request. CLOSING A PORTION OF S. R. 1483: A request was received from the N. C. Department of Transpor- tation accompanied by a petition from the property owner involved requesting that a cul-de-sac portion of this road be deleted from the Department of Secondary Roads. One owner, Richard K. Ferrar, owns all the lots surrounding the cul-de-sac. No one present spoke for or against this request, but the board requested the county attorney, Mr. William P. Pope, check the statutory requirements on this matter before the board took action. PLANNING AND ZONING - REZONING REQUESTS: (1) JOE KNOX PROPERTY: Jerry Lundy, Interim Planning Director, presented this matter to the board. Mr, Knox would like this property rezoned from Residential Agricultural to Highway Business in order to-erect a billboard and other Highway Business permitted uses. The property is located on S. R. 1205, Mecklyn Road, near I-77, and involves 2.9 acres of property. The planning board voted unanimously to recommend the rezoning. No one was present to speak for or against this rezoning. (2) EDDIE M. DAVIS PROPERTY: Jerry Lundy, Interim Planning Director, presented this matter to the board. Mr. Davis desires this property to be rezoned from Residential Agricultural to Neighbor- hood Business for a proposed use of a convenience store. The property involves 215' x 215' square lot, and is located near S. R. 1389, Laura Road. The planning board approved the rezoning request unanimously to be recommended to the county board of commissioners for rezoning. (3) SAFE WINGS, INC.: Jerry Lundy, Interim Planning Director, presented this matter to the board. Mr. John Gibson, president of Safe Wings, Inc., requested rezoning from Residential Agricul- tural to M-2, Heavy Manufacturing District, for the proposed use of aviation and aircraft busines- ses. The property is located on S. R. 1494, Catawbair Road, near Lake Norman Airport. The property consists of approximately 25 acres and comes unanimously recommended by the planning board for rezoning. No one present spoke for or against the rezoning request. (4) CROSSROADS AIR ENTERPRISES, LTD.: Mr. Ted Limpert, president of the Crossroads Air Enterprises, Ltd., requests this rezoning from Residential Agricultural to M-2, Heavy Manufacturing District, for the proposed aircraft related service and repair. The property is located on S. R. 1494, Catawbair Road, near Perth Road and Lake Norman Airport, and comes unanimously recommended by the planning board for rezoning. No one present spoke for or against the rezoning. (5) NON-OWNER PETITION, RESIDENTS OF DRIFTWOOD DRIVE: Petitioners are residents of Driftwood Drive. This item pulled from the agenda due to a technicality in posting the property. (6) NON-OWNER PETITION, DON GLOVER, AGENT: Petitioners were requesting the county board of commissioners to approve the appropriateness of the request for rezoning through a non-owner peti- tion property located on Rolling Woods Lane and Arbor Way, near Lake Norman. The planning board unanimously recommended the appropriateness of the petition. PUBLIC HEARING CLOSED: MOTION from Chairman Hedrick to return to regular session. VOTING: Ayes - 5; Nays - 0. JOE KNOX PROPERTY: MOTION from Commissioner Murdock to approve the rezoning request for the Joe Knox Property from R/A to H/B, located on S. R. 1205, Mecklyn Road, near I-77, more specifi- cally identified as Iredell County Tax Map 2A, Block A, Lot 21. VOTING: Ayes - 5; Nays - 0. EDDIE M. DAVIS PROPERTY: MOTION from Commissioner Murdock to approve the rezoning request for the Eddie M. Davis Property from R/A to N/B, located near S. R. 1389, Laura Road, more specifi- cally described as Iredel! County Tax Map 1M-9, Block !, Portion of Lot 15. 950 VOTING: Ayes - 5; Nays - 0. CLOSING PORTION OF S. R. 2350, MURDOCK ROAD: MOTION from Commissioner Murdock to close a 200' portion of S. R. 2350, Murdock Road, as requested by the N. C. Department of Transportation. VOTING: Ayes - 5; Nays - 0. HEARINGS CONTINUED: MOTION from Chairman Hedrick to continue the following two hearings on rezoning: (1) Safe Wings, Inc., continued until November 19, 1985 (2) Crossroads Air Enterprises, Ltd., continued until November 19, 1985. VOTING: Ayes - 5; Nays - 0. MOTION from Commissioner Mills to continue the hearing on closing a portion of S. R. 1483 until November 19, 1985. VOTING: Ayes - 5; Nays - O. INDUSTRIAL REVENUE BONDS - TRANS INDUSTRIES, INC.: Commissioner Hedrick introduced the follo- wing resolution: RESOLUTION APPROVING THE ISSUANCE BY THE IREDELL COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY OF ITS INDUSTRIAL REVENUE BOND (TRANS-INDUSTRIES, INC. PROJECT), FOR TRANS INDUSTRIES, INC. BE IT RESOLVED by the Board of Commissioners for the County of Iredell: Section 1. The board of Commissioners has determined and does hereby declare as follows: (a) The Board of Commissioners of The Iredell County Industrial Facilities and Pollution Control Financing Authority (the "Authority") met on November 5, 1985, and took the following action in connection with the proposed issuance and sale of the Authority's Industrial Revenue Bond (Trans-Industries, Inc. Project), in the principal amount of $650,000. (1) authorized the borrowing under and the issuance and performance of the Authority's Industrial Revenue Bond (Trans-Industries, Inc. Project) in the principal amount of $605,000 and directed the execution and delivery of said Bond; (2) approved and authorized the execution, delivery and performance of the Bond Purchase Agreement, dated as of December 1, 1985, among the Authority, NCNB National Bank of North Carolina (the “Purchaser") and Trans Industries, Inc. (the "Company"), providing the for the sale of the Bond; (3) approved and authorized the execution, delivery and performance of the Loan Agreement, dated as of December 1, 1985, between the Authority and the Company, with the No form of the Company's Promissory Note dated as of December 1, 985, (the "Note"), attached as Exhibit A thereto. (4) approved and authorized the execution, delivery and performance of the Security Agreement, dated as of December 1, 1985, between the Authority and the Company; (5) approved and authorized the execution, delivery and performance of the Assignment, dated as of December 1, : 1985, from the Authority to the Purchaser and consented to by the Company; (6) approved the form of the Note and authorized the endorsement thereof without recourse to the order of and the pledge thereof to the Purchaser; (7) approved the form of the Deed of Trust, dated as of December 1, 1985, from the Company to J. W. Kiser, Trustee for the benefit of the Authority; approved the form of the Guaranty Agreement dated as of December 1, 1985, from the Company, Midwest Manufacturing and Sales, Inc., an Indiana corporation, and Fischer Industries, Inc., a Michigan corporation to the Purchaser; 4 agains Ser ae " rt , : ae cit OS DEAL AD cic AMM sR Ben ks oe ae 931 (9) approved the form of Individual Guaranty Agreement dated as of December 1, 1985, from M. Thomas Braun, Elaine B. Braun, Charies E. Herriman and Johnny Sue Herriman to the Purchaser. (b) The board of Commissioners for the County of Iredell has reviewed the action taken by the Board of Commissioners of the Authority in connection with the issuance and sale of the Bond and has made such other examination and investigation as it deems necessary and relevant as the basis for the approval set forth herein. Section 2. Pursuant to and in satisfaction of the requirements of Section 159C-4(d) of the General Statutes of North Carolina, the Board of Commissioners for the County of Iredell hereby approves the issuance by the Authority of the Authority's Industrial Revenue Bond (Trans-Industries, Inc. Project) in the principal amount of $650,000. Section 3. This resolution shall take effect immediately upon its passage. Commissioner Murdock moved passage, seconded by Commissioner Crosswhite. VOTING: Ayes - 5; Nays - 0. REPORT ON AVAILABILITY OF INSURANCE FOR PLANNED RESIDENTIAL DISTRICT: Mr. Jerry Lundy reported on the availability of insurance for the PRD's as requested by the Board. Mr. Pope and Mr. Lundy said that the Williams Agency, Durham, had misunderstood the community wastewater disposal ordinance. They now say that coverage cannot be obtained in the market place for a bond for a 20- year period, as required by the ordinance. Mr. Pope said it appears that the ordinance the county has adopted imposes a burden which cannot be met by developers. The following were set forth by Mr. Lundy and Mr. Pope: In the wastewater disposal ordinance, there are three alternatives: (1) Bonds (2) Letter of Credit (imposes the same problem as bond) (3) Cash bond of $10,000 or $200 per unit, whichever is more. A number of questions have been raised about who would be in charges of these funds. Mr. Pope asked the board if they wanted to require the developers to put up a cash bond. If so, then the planning director will need to clarify the ordinance in this regard. If the board chooses not to do this, then is there some other kind of protection that is desired. One type of insurance that is available in the market place, Mr. Pope said, was Machinery and Boiler Coverage, which insures motors on pumps and mechanical parts that do not function. This is available on a one-year basis. Procurement could be by the owner of the sewer plant or the public utility. There is no way known to enforce the renewal of this annual policy. Mr. Lundy recommended that liability insurance should not be in the Section 82 of the Zoning Ordinance, but that all insurance requirements should be under the Community Wastewater Treatment Ordinance. This discussion terminated so that the Iredell Water Corporation representatives might be heard. IREDELL WATER CORPORATION: Members of the Iredell Water Corporation, represented by David Peeler, engineer with W. K. Dickson and Company came before the board to discuss the Iredell Water Corporation's current plans. The following were listed as their top priorities: (1) North Iredell High School line at a cost of $250,000, requesting one-half this amount from the county. (2) Northern half of Harmony, $400,000 to $500,00, requesting $250,000 from the county. Commissioner Mills inquired how much the water corporation could come up with, and Mr. McColl, president of Iredell Water Corporation, said they would have to readjust other applications to have funds to put toward these two projects. Discussion of using funds from the State-appropriated funds for the current year was held. After further disucssion, the board requested that a request be submitted to the board in writing and then it will be placed on the table with the West Iredell, Mooresville, Statesville, and Trout- man requests. Commissioner Mills requested that they priortize their requests when submitting to the board. INSURANCE DISCUSSION CONTINUED: The board directed Jerry Lundy to make the necessary amend- ments to the Community Wastewater Treatment Ordinance and present them to the board in a public ape ee ee ~ ee sidat inh SMMUMNES.6 Sis ati a! AM MS x Nk oo eae 532 hearing. MALLARD HEAD - DECLARATION OF CONDOMINIUMS AND BYLAWS: The county attorney and the planning director said they were in concurrence with the provisions in the bylaws and declaration of condominiums as presented to the board. There is a requirement in the Section 82 of the Zoning Ordinance that reuires that these be presented to the board for approval. MOTION from Chairman Hedrick to approve the Declaration of Condominiums and Bylaws as presented by Mallard Head Developers. VOTING: Ayes - 5; Nays - 0. i EXECUTIVE SESSION: MOTION from Commissioner Mills to adjourn to executive session for the purpose of discussing sale of real estate. VOTING: Ayes - 5; Nays - 0. MOTION from Commissioner Mills to adjourn from executive session. VOTING: Ayes - 5; Nays - 0. ADJOURN: MOTION from Chairman Hedrick to adjourn. Time: 10:50 p.m. VOTING: Ayes - 5; Nays - 0. Next meeting: November 6, 1985, 7:30 p.m., Mooresville Town Hall. / i Mf: CL. has | CTerk to the Board APPROVED: se. f IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES NOVEMBER 6, 1985 The Iredell] County Board of Commissioners met in Adjourned Regular Session on Wednesday even- ing, September 6, 1985, 7:30 p.m., Mooresville Town Hall, Mooresville, NC. Present for the meeting were: William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney Alice Fortner, Clerk to the Board — CALL TO ORDER: By Vice Chairman Mills INVOCATION: By Commissioner Murdock PUBLIC HEARING: PROPOSED SALE OR LEASE OF LOWRANCE HOSPITAL, INC.: MOTION from Vice Chairman Mills to adjourn to public hearing. VOTING: Ayes - 5; Nays - 0. Vice Chairman Mills turned the meeting over to William P. Pope, County Attorney, so he could explain the events that have transpired since the beginning of the proposed sale/lease of Lowrance Hospital project. Mr. Pope explained the process up to this point. The hospital transaction is being handled under Section 13 of 131-E of the General Statutes of North Carolina, and will be setting a precedent since this is the first transaction under this Statute. Mr. Pope discussed the bids received by the committee that was set up to review the bids. This committee, after much deliberation, recommends that the hospital be sold to Hospital Management of America (HMA), based in Naples, FL. Mr. Pope discussed the HMA bid and said there were many details to be worked out before the sale could be finalized. Following ir. Pope's presentation, Vice Chairman Mills asked others to speak in reference to the hospital. JIMMY HOUSTON: Mr. Houston said there was no need to worry about closing the hospital. 933 BILL NEEL: Mr. Neel talked about the alternative the county has in that if the company does not perform according to agreements, the hospital will revert back to the county. MIKE CAMPBELL: Dr. Campbell is on the medical staff of the hospital. He said he was looking forward to the new hospital owners bringing in physicans and having additional equipment. Dr. Campbell said he thought this was the best route to take to insure a long-term facility in the area. ALICE STEWART: County Commissioner serving on the hospital committee. Mrs. Stewart said she was very enthusiastic about the proposed transaction of the hospital property. GEORGE STEVENS: Mr. Stevens asked questions about the stability of the HMA. Mr. Pope answered his questions. In reference to the disposition of funds that will be realized from the sale of the hospital, Mr. William A. Mills said it was up to the county board of commissioners to handle this. The board has discussed it briefly, but no decision has been reached. In discussing the final agreement between HMA and Iredell County, Mr. Mills said that the hospital will not be sold without meeting all the requirements of the bid request. Some discussion has been held about escrowing the money from the sale of the hospital for a certain period of time. Mr. Pope said the contract with HMA would have to be worked out to make sure that it was in acceptable language. Following this, if the contract is acceptable, another public hearing will be held. Mr. Pope said if everything goes on schedule, the earliest possible date of the transfer would be early December 1985. MOTION from Vice Chairman Mills to adjourn the meeting at 8:30 p.m. Next meeting: November 18, 1985, 12:00 Noon, Iredell County Annex Building, Statesville, NC. Son a Lt) Stet) APPROVED: //-/ F- JF S Clerk to the Board IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES NOVEMBER 18, 1985 The Iredell County Board of Commissioners met in adjourned regular session on Monday, November 18, 1985, 12:00 Noon, County Annex Conference Room, Statesville, NC. Present for the meeting were: Larry S. Hedrick, Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Absent: William A. Mills, Vice Chairman Staff present: J. Wayne Deal, County Manager F. William Furches, Jr., Finance Officer Joe Ketchie, Tax Collector Lois Troutman, Tax Supervisor Jerry Lundy, Interim Planning Director Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick INVOCATION: Silent Prayer AWARD OF BIDS: The following bids were presented to the board for formal approval: Landfill Department - Refuse Trailers (2 units) Cavalier Equipment Corp., Roanoke, VA $71,963.82 Sanco Corporation, Winston-Salem, NC 71,990.00 Nu-Life Environmental, Inc., Easley, SC 68,080.00 Staff recommended acceptance of the low bid, Nu-Life Environmental, Inc., in the amount of $68,080.00. tT ee ee ee e eee en a, Gn ee Cee te a ee 934 Inspection Department - Pick-up Trucks ((two units) Morrow Chevrolet, Inc., Mooresville, NC $18,494.00 Bell & Howard Chevrolet, Statesville, NC 18,563.68 Boggs Motor Company, Statesville, NC 20,158.30 Statesville Ford, Lincoln, Mercury, Statesville, NC 19,902.04 The finance officer, Bill Furches, said the low bid, Morrow Chevrolet, Inc., did not include head- liners and insulation in their bid. It is believed that the headliner and insulation would offer more comfort to the employees and enhance the resale value of the trucks. Therefore, staff recommendation was for the second low bidder, Bell & Howard Chevrolet, Statesville, which would be the lowest bid if these two items were added to the low bid. MOTION from Commissioner Crosswhite to accept the recommendation from Bill Furches, Finance Officer, awarding the bids as follows: $68,080.00 $18,563.68 Nu-Life Environmental, Inc., Easley, SC Bell and Howard Chevrolet, Statesville, NC VOTING: Ayes - 4; Nays - 0. TAX SUPERVISOR'S OFFICE - AFTERLISTS, RELEASES, AND REFUNDS: MOTION from Chairman Hedrick to approve the afterlists, releases, and refunds for the month of October 1985 as follows: NAME TOWNSHIP YEAR REASON AMOUNT Robert Goldbough 21135 Inside 1984 Value corrected 19.11 . . 21896 Inside 1965 * ” 20.09 Maynard Self 50021 Inside 1985 On discovery sold 1sea . . 5022 Inside 1985 On discovery sold 612.62 M V Davidson 15532 Davidson 1985 On discovery sold 154.53 Ruth Carrol] 9709 Davidson 1985 Sold lease 7.38 T E Harrington 24442 Davidson 1985 Appraisal error 34.40 Cathy Norris 42349 Fallstown 1985 Tax listing error 127.10 C L&T 13754 Davidson 1985 Acres corrected 55.76 Ci aT 13765 Davidson 1985 * . 90.61 €.&T 13756 Davidson 65" . 90.61 CLE \3757 Davidson 1985 * . 90.61 CLaT 13738 Davidson 1985 " . 90.61 Terry Pardew 42544 Barringer 1984 Double charged 461.21 : . 43838 Barringer 1985 " . 458.63 Terry Pardew 43820 Barringer 1985 Value corrected 10.74 Roy Aldridge 1393 Davidson 1985 On discovery 5.95 Thomas Hall 23891 Davidson 1985 On discovery 2.09 Nervie Cass 10104 New Hope 1985 Due exemption 34.85 I-77 Gulf 28746 Inside 1985 Double listed car 31.98 Pete Durham 16998 Inside 1985 Building removed 10.25 Hartness Rd Medical Park Inside 1985 No household 10.86 Fraleys Inc. 19765 Inside 1985 House removed 7.95 Duke Power 16959 Fallstown 1985 On discovery 114.43 Dewey Elder Est. 17638 Chambersburg 1985 Double charged 108.75 John Loflin 34738 Turnersburg 1985 Acres corrected 1.56 C H Watts 59230 Turnersburg 1985 On discovery 44.40 Allen Crouch 14108 Outside 1985 Land value adjustment 6.88 R H Shuford 51479 Outside 1985 Land combined 109.47 . ' 51481 Outside 1965 ° ’ 64.74 Sherry Jchnson 30343 Fallstown 1985 House value corrected 11.60 Sherry Johnson 30344 Fallstown 1985 Removed mobile home space 7.38 C C Green Jr 22635 Inside 1985 On disc. to correct account number 126.28 Larry Edwards 17527 C Creek 1985 Sold on discovery 50.43 D F Stewart 54297 Shiloh 1985 Acres corrected 31.28 Coddle Creek Assoc 11827 C Creek 1985 Lot combined 3.90 . . 11828 C Creek 1985 Lot combined 3.36 . ' 11829 C Creek 1985 Lot combined 3.36 George Martin 36104 Chambersburg 1985 Non resident 69.29 J R Morton 41320 : 1985 Double listed 78.47 Lillie Allison 32543 Davidson 1985 Key punch error 9.64 Dick Bristol 6762 Davidson 1985 Pricing error 110.29 Crazy Joes 13368 Inside 1985 Not late 69.13 D Laws & L Holland 33551 C Creek 1985 No household 5.68 Ralph Yount 62972 Shiloh 1985 Bldg 50% complete 1,111.55 Robert Yount 62977 Shiloh 1985 Double charged 599.42 R W Reams 47106 Mrs MC Belk Sr 4245 Mrs. Robert Brawley 6508 Frank L Walker 58513 Millicent Guthrie 23335 C Creek Fallstown C Creek Cool Springs Inside Key punch error 46. Due exemption 34, Due exemption 34. Tax listing error 41. No household 9. Edna & John Ingram 28852 J W McCarter 37105 PBS Realty 43652 Jack Griffin 23023 Robert Lipe 34360 Margaret Morris 40702 George Austin etal 2528 Charles Hager Jr 23451 Charles Hager III 23453 Leon Rice 47992 Hunter Gaither, Jr 20426 John Alexander etal 1547 Crescent Land & Timber 13634 Walter Stephens 54068 Crescent Land & Timber 13792 . " 13950 LK Price, Jr 46260 Michele Gilbert 21259 Nita Hartsell 24928 American Plywood 1918 Gregory Lee 41695 Keith Blevins 5389 “ " 5381 " “ 5025 Coddle Creek Assoc. 11830 ” - 11831 " " 11832 . . 11833 “ " 11834 . . 11835 : ’ 11835 . . 11837 “ u" 11738 ’ . 11840 Orville Gregory 22852 ” . 22852 Jacob Compton 12249 Eugene Miller 38852 J W Douglas 16631 WH Berry & Stout 4861 Lucius Cook 12666 WL Laws 33589 Lloyd Knox 32500 Lonnie Troutman 57288 William Nash 42156 Mrs Arthur Gregory 22783 Perry Washington 59092 Rayford Gregory 22856 Coddle Creek Assoc 11838 Sarah Smith & Liles 52688 Pee Ne Tiled Cool Springs C Creek C Creek Davidson Fallstown C Creek Inside Turnersburg Turnersburg Davidson Eagle Mills Davidson Davidson C Creek Fallstown Davidson Shiloh Inside C Creek C Creek Barringer Union Grove Union Grove Union Grove Creek Creek Creek Creek Creek Creek Creek Creek Creek Creek MAAAMOMAAAIOONM wn a re —_ °o a Shiloh C Creek C Creek Olin C Creek c Creek Fallstown C Creek Shiloh Shiloh Shiloh C Creek Turnersburg C Creek Davidson S R Holland & Sherrill 26782 Inside Brady Holland & Bernice 2 John K Chaffin 63057 Floyd Hollar 26849 Ira Owens 43587 Janie Brown 7355 Gary Ward 58856 REFUNDS: 6714F allstown Eagle Mills Concord Turnersburg C Creek Davidson Shutt Hartman Construction Co., Inc. Clemmons, NC 27012 Sam A Brown & Marjorie Box 722, Troutman, NC 28166 Geniola H Gandy Route 7, Box 178 Mooresville, NC 28155 TOTAL VOIDS FOR IREDELL COUNTY TOTAL REFUNDS 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1984 1983 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 1985 786.92 To correct Farm Use 115.87 Due exemption 34.85 Pricing error 202.95 Sold leased improve. on discovery 110.04 Bldg. removed enit Due exemption 34.85 Due 1/3 exemption 11.62 Listed wrong car 3.65 Listed wrong car 34.68 Size adjustment 34.44 Double listed 4.31 Double charged 2.58 Acres corrected 237.80 D W charged in error 131.98 No household 2.47 No household .95 On disc to JA Freeze 288.39 Tax listing error 4.10 Due exemption 34.85 Double charged 33.91 No penalty 6.53 D W trl moved out of county 73.14 u u 69.58 . 7 62.93 Lot combined 3.36 Lot combined 3.36 Lot combined 3.36 Lot combined 3.36 Lot combined 7.09 Lot combined 6.81 Lot combined 6.85 Lot combined 6.93 Lot combined 6.93 Lot combined 7.50 Due exemption 34.85 Mobile home db] Isted 24.40 Value corrected 12.59 On disc to Miller & Setzer 102.58 On discovery 225.46 Cars on disc to Berry only -65 Appraisal error 39.40 Appraisal error 51.93 D W on disc to Willis Knox 4.42 Part sold 8.94 Part sold 1,05 Due Farm Use 193.48 Appraisal error 44.33 Appraisal error 5.99 Lot combined 6.93 Double listed 14.84 Sold on discovery 15.99 Acres in S/Division 37.02 To correct Farm Use 71.33 Tax listing error 24.40 Pricing error on trirs 5.04 Due exemption 34.85 New house 10% comp]. 293.79 $ 75.66 $8,247.86 939 256 SHEPHERDS FIRE DISTRICT REFUND 45.23 VOTING: Ayes - 4; Nays - 0. TAX COLLECTOR'S REPORT, OCTOBER 1985: Mr. Joe Ketchie, tax collector, presented the collection report for the month of October 1985. MOTION from Commissioner Stewart to accept the report. VOTING: Ayes - 4; Nays - 0. PUBLIC HEARING: AMENDMENT TO IREDELL COUNTY ZONING ORDINANCE: MOTION from Chairman Hedrick to adjourn the meeting to public hearing for the purpose of discussing an amendment to the Iredell County Zoning Ordinance. VOTING: Ayes - 4; Nays - 0. Mr. Jerry Lundy, Interim Planning Director, discussed with the board a change recommended in the Iredell County Zoning Ordinance. This change is recommended by both Mr. Lundy and the county attorney, Mr. William P. Pope. The change is also recommended by the Iredell County Planning Board. The change recommended is to delete entirely the Section 87.2(1) from the present ordinance. No one else spoke for or against the amendment. MOTION from Chairman Hedrick to close the public hearing. VOTING: Ayes - 4; Nays - 0. IREDELL COUNTY ZONING ORDINANCE - AMENDMENT: MOTION from Commissioner Murdock to delete entirely the following from the Iredell! County Zoning Ordinance: Section 87.2(1) "Liability insurance shall be at a minimum coverage of $10,000 per unit maintained on all parts of any sewage disposal or water supply system within or provided for the PRD's to reasonably insure against liability incurred by the malfunction or misfunction of such systems. Such coverage shall be maintained by the developer or the property owners' association." VOTING: Ayes - 4; Nays - 0. REQUEST FROM THE BOARD TO WRITE A LETTER IN BEHALF OF A. G. CAMPBELL PROPERTY FOR STATE ROAD TO CAMPBELL PROPERTY: Chairman Hedrick informed the Board that Mr. Bill McMillan, attorney represen- ting Mr. A. G. Campbell, had asked him to write a letter on behalf of the board to request that a road be built to the Campbell property. Mr. Hedrick presented a letter from Mr. McMillan setting forth this request. After discussion, it was the consensus of the board that this request would be endorsed by the board, and the clerk to the board was asked to write a letter on behalf of the board to the Secretary of Transportation to this effect. EXECUTIVE SESSION: MOTION from Chairman Hedrick to adjourn to executive session for the purpose of discussing possible litigation. VOTING: Ayes - 4; Nays - 0. MOTION from Chairman Hedrick to return to regular session. VOTING: Ayes - 4; Nays - 0. TELEPHONE SYSTEM BIDS: The county manager, Mr. Wayne Deal, informed the board that a pre-bid conference on the installation of a new telephone system for the county was held two weeks ago, and bid requests are out at this time. DISCUSSION OF ZONING REQUESTS: Mr. Jerry Lundy, interim planning director, discussed with the , board requests for zoning changes that come to his office. Mr. Lundy said he made recommendations to persons coming for zoning changes and discouraged persons’ requests when he felt they would not be in the best interest of Iredell County zoning. Mr. Lundy said he thought this would save the public time as well as that of the planning board and county board of commissioners. The board concurred with the way Mr. Lundy was handling this matter. DISCUSSION OF RENOVATION OF THE OLD COURT HOUSE: Mr. Deal, county manager said he had been looking into the matter of renovating the first floor of the old court house. The board was in agreement that an architect should be retained to prepare a plan of renovation for the entire building, but that it should be planned so that the work could be done in phases. Mr. Deal was directed by the board to proceed with retaining an architect for the renovation. en CZ fe: -. een 937 ADJOURN: MOTION from Chairman Hedrick to adjourn the meeting at 1:05 p.m. Next meeting: November 19, 1985, 7:30 p.m., Agricultural Center Conference Rooms 1 and 2, Statesville, NC. APPROVED: /2- 3-45 l/h ce/ ptehper) _» Clerk IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES NOVEMBER 19, 1985 The Iredell County Board of Commissioners met in Adjourned Regular Session on Tuesday, November 19, 1985, 7:30 p.m., Agricultural Center Conference Rooms 1 and 2. Present for the meeting were: Larry S. Hedrick, Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Absent: William A. Mills, Vice Chairman Staff present: J. Wayne Deal, County Manager Jerry Lundy, Interim Planning Director Don Wall, Social Services Director Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick INVOCATION: By Chairman Hedrick PRESENTATION OF SPECIAL RESOLUTIONS: MOTION from Chairman Hedrick to adopt the following resolution: AMERICAN EDUCATION WEEK WHEREAS, the public schools are an important and integral part of our society; and WHEREAS, the concept of a free and equal education is an American tradition and this country's strength; and WHEREAS, the students of today are the leaders of tomorrow; and WHEREAS, all citizens have a responsibility to support the public schools; NOW, THEREFORE, the Iredell County Board of Commissioners does hereby proclaim November 17-23, 1985 as AMERICAN EDUCATION WEEK and urges all citizens to make a commitment to public education and to the future of Iredell County children by visiting their local public schools and by donating their time and talents to help make the public schools even better. IREDELL COUNTY BOARD OF COMMISSIONERS fe Libtlucle fone Chairman VOTING: Ayes - 4; Nays - 0. MOTION from Chairman Hedrick to adopt the following special resolution: FARM-CITY WEEK 238 WHEREAS, the growth and well-being of this county are dependent upon cooperation and exchange between the two essential environments of our society: farmers and city people, and WHEREAS, the complexities of their individual problems and divergence of their activities have led to a widening gap of misunderstanding, WHEREAS, this gap of misunderstanding must be eliminated, and each group must understand the other if our American Way of Life is to endure, and WHEREAS, FARM-CITY WEEK provides an unparalleled experience for farm and city people to become acquainted; NOW, THEREFORE, the Iredell County Board of Commissioners does hereby proclaim the period of November 22 through November 28 to be FARM-CITY WEEK and further calls upon all citizens of this county to participate to the limit of their capabilities in the joint visits, the seminars, the pageants, fairs, civic and social events associated with a successful Farm-City Week in Iredell County. IREDELL COUNTY BOARD OF COMMISSIONERS / Chairman sXe Adi Muthk ADOPTED 19 November 1985. VOTING: Ayes - 4; Nays - 0. MOTION from Chairman Hedrick to adopt the following special resolution: ADOPTION WEEK WHEREAS, over 500 local groups of adoptive parents and concerned citizens comprising The North American Council on Adoptable Children recognize the essential value of belonging to a secure, loving, permanent family as every child's basic right; and WHEREAS, at least 750,000 American children are growing up without permanent family attachments, at public expense; and WHEREAS, for at least 150,000 of these children--including many minority children, school-age children, and children with special physical, mental, and emotional needs--adoption by capable parents is the most viable option to insure their long-range well being; and WHEREAS, for the tenth year, the North American Council on a Adoptable Children has designated Thanksgiving week as NATIONAL ADOPTION WEEK to focus collective attention on the urgency and importance of providing waiting children permanance; and WHEREAS, a variety of media, agencies, adoptive parents and advocacy groups, civic and church groups, businesses and industries will feature publicity and information to heighten community awareness of the crucial needs of waiting children during Adoption Week; and WHEREAS, it is in the public interest to support and extend this national observance, NOW, THEREFORE, the Iredell County Board of Commissioners does hereby designate the week of November 24-30, 1985 ADOPTION WEEK in Iredell County, North Carolina, and bring this important need to the attention of all citizens, urging their full participation and support. IREDELL COUNTY BOARD OF COMMISSIONERS a ee ae Melb fe Lsniiltaic AT AMES ‘ 6S AO CS Ts Ne a Pa 359 Chairman ADOPTED 19 NOVEMBER 1985 VOTING: Ayes - 4; Nays - 0. TRANSPORTATION DEVELOPMENT PLAN, COMMITTEE APPOINTMENTS: Mr. Bill Dustin, Centralina Council of Governments representative, came before the board in reference to the appointment of a Transpor- tation Development Plan Committee. Mr. Dustin said the purpose of this committee is to discuss transportation service that is furnished by agencies in Iredell County with the purpose of becoming more organized and cost effective, and also to apply for grants through the North Carolina Depart- ment of Transportation for 90% funding on acquisition of new vehicles and/or rehabilitation of presently owned vehicles. Members recommended for this committee are: Council on Aging Anna Rice County Commissioners Alice Fortner Department of Social Services Mary Deaton I-Care, Inc. Paul Wilson Tri-County Mental Health Daylon Green Health Department JoAnn Raby Vocational Workshop Marion Fairey Barium Springs Home Sheron Hanafy Lowrance Hospital Shirley Jasper, RN Davis Community Hospital Eddie Green This committee will need to function for approximately six months. MOTION from Chairman Hedrick to appoint the persons recommended and ask them to serve in this capacity. VOTING: Ayes - 4; Nays - 0. PUBLIC HEARINGS: MOTION from Chairman Hedrick to adjourn to public hearing. VOTING: Ayes - 4; Nays - 0. CROSSROADS ENTERPRISES: This public hearing was continued from the November 5th meeting, at which time Mr. Jerry Lundy was asked by the board to supply more information as to ownership of the property. Mr. Lundy said he had a chain of title done on the property, and the property is registered at the Register of Deeds Office to Mr. Ted Limpert. Mr. Limpert's attorney, Mr. Booker, was present and said he was in favor of the rezoning as proposed. No one else spoke regarding this matter. SAFE WINGS, INC.: This rezoning request was continued from the November 5th meeting pending more information from the staff. Mr. Lundy said there was no question as to the appropriateness of this request, and he said the planning board recommended this rezoning request for approval. CLOSING OF A PORTION OF S. R. 1483: This hearing was continued from the November 5th hearing, pending a legal opinion from the county attorney. Mr. William P. Pope, county attorney, submitted a letter dated November 6, 1985 stating that it was his opinion that this request could be done according to General Statute 163-63. No one present spoke regarding this matter. INDUSTRIAL REVENUE BONDS: TRANS INDUSTRIES, INC.: The Chairman stated that pursu'nt to Chap- ter 159C of the General Statutes of North Carolina and the regulations thereunder he had been advised that The Iredell County Industrial Facilities and Pollution Control Financing Authority (the "Authority") had filed an application with the Secretary of the Department of Commerce for approval of an industrial and manufacturing project in Iredell County, North Carolina, consisting of the acquisition of an approximately 7 acre site known as Lot No. 7, South Iredell Industrial Park, Mooresville, North Carolina, the construction of an approximately 19,500 square foot building there- on and the acquisition and installation of machinery and equipment therein, all for the manufacture and assembly of heavy duty truck parts, accessories and related products (the "Project") by Trans- Industries, Inc., a North Carolina corporation (the "Company") and to be financed for the Company by the issuance of approximately $650,000 aggregate principal amount of bonds of the Authority. Since such application for approval cannot, under regulations of the Department of Commerce, be officially received until, among other things, the Board has, by rezcyution after raving held a public hearing, approved the issue of bonds for the proposed Project and approves the Project in principle, the Authority has recommended and requested that the Board pass such resolution. The Chairman presented copies of the Authority's resclution approving the Project and the inducement agreement between the Authority and the Company to the Board. The Chairman then stated that a notice had been published by the Clerk to the Beard on November 4, 1985 stating that he Board would hold a public hearing on November 19, 1985 on the proposed revenue bond issue and the Project (the "Notice"). ig ry, ibe * ; BS ‘ee pe Tyee 1 athe SAE « Poa ob Se ait eee dis, 240 Commissioner Hedrick moved that the Board ratify the publication of the Notice and designate this meeting as a public hearing on the revenue bond issue and the Project. The motion was seconded by Commissioner Murdock and was unanimously adopted. At 7:45 o'clock, P.M., the Chairman announced that the 8oard would hear anyone who wished to be heard on the advisability of issuing the revenue bonds and the Project. Mrs. Alice Fortner, Clerk to the Board, stated that bond counsel, Helms, Mulliss and Johnston, recommended that another public hearing be held on this project due to the change in location of the plant's building site in the South Iredell Industrial Park, Mooresville, NC, and because the company has incorporated under the name of Trans-Industries, Inc. (The board formerly heard this matter under the name of Mid-West Manufacturing, Inc.) Mrs. Fortner also stated that the county attorney, Mr. William P. Pope, who could not be present at this meeting, recommended that the board approve the resolution being presented at this meeting. No one else spoke regarding this project. After the Board had heard all persons who requested to be heard, Commissioner Hedrick moved that the public hearing be closed. The motion was seconded by Commissioner Stewart and was unani- mously adopted. Commissioner Hedrick introduced the following resolution: RESOLUTION APPROVING THE ISSUANCE BY THE IREDELL COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY OF ITS INDUSTRIAL REVENUE BOND (TRANS-INDUSTRIES, INC. PROJECT), IN THE PRINCIPAL AMOUNT OF $650,000 TO FINANCE AN INDUSTRIAL PROJECT FOR TRANS-INDUSTRIES, INC. BE IT RESOLVED by the Board of Commissioners for the County of Iredell: Section 1. The Board of Commissionrs has determined and does hereby declare as follows: (a) The Board of Commissioners of The Iredell County Industrial Facilities and Pollution Control Financing Authority (the "Authority") met on November 19, 1985 and took the following action in connection with the proposed issuance and sale of the Authority's Industrial Revenue Bond (Trans-Industries, Inc. Project), in the principal amount of $650,000. (1) authorized the borrowing under the issuance and performance of the Authority's Industrial Revenue Bond (Trans-Industries, Inc. Project) in the principal amount of $650,000 and directed the execution and delivery of said Bond; (2) approved and authorized the execution, delivery and performance of the Bond Purchase Agreement dated as of December 1, 1985, among the Authority, NCNB National Bank of North Carolina (the "“Purchaser") and Trans Industries, Inc. (the "Company"), providing for the sale of the Bond; (3) approved and authorized the execution, delivery and performance of the Loan Agreement, dated as of December 1, 1985, between the bene Authority and the Company, with the form of the Company's Promissory Note dated as of December 1, 1985, (the "Note"), attached as Exhibit A thereto; (4) approved and authorized the execution, delivery and performance of the Security Agreement, dated as of December 1, 1985, between the Authority and the Company; (5) approved and authorized the execution, delivery and performance of the Assignment, dated as of December 1, 1985, from the Authority to the Purchaser and consented to by the Company; (6) approved the form of the Note and authorized the endorsement thereof without recourse to the order of and the pledge thereof to the Purchaser; (7) approved the form of the Deed of Trust, dated as of December 1, 1985, from the Company to J. W. Kiser, Trustee for the benefit of the Authority; approved the form of the Guaranty Agreement dated as of December 1, 1985, from the Company, Midwest Manufacturing and Sales, Inc., an Indiana corporation, and Fischer Industries, Inc., a Michigan corporation to the Purchaser; 241 (9) approved the form of Individual Guaranty Agreement dated as of December 1, 1985, from M. Thomes Braun, Elaine B. Braun, Charles E. Herriman and Johnny Sue Herriman to tne Purchaser. (b) The Board of Commissioners for the County of Iredell has reviewed the action taken by the Board of Commissioners of the Authority in connection with the issuance and sale of the Bond and has made such other examination and investigation as it deems necessary and relevant as the basis for the approval set forth herein. Section 2. Pursuant to and in satisfaction of the requirements of Section 159C-4(d) of the General Statutes of North Carolina, the Board of Commissioners for the County of Iredell hereby approves the issuance by the Authority of the Authority's Industrial Revenue Bond (Trans-Industries, Inc. Project) in the principal amount of $650,000. Section 3. This resolution shall take effect immediately upon its passage. Commissioner Murdock moved the passage of the foregoing resolution, and it was seconded by Commissioner Crosswhite, and was passed by the following vote: Ayes: Commissioners Hedrick, Crosswhite, Murdock, and Stewart Noes: None REZONING: SAFE WINGS, INC.: MOTION from Commissioner Stewart to epprove the rezoning request as recommended by the Iredell County Planning Board, of property located on S. R. 1494, Catawbair Road, near Lake Norman Airport, more specificially described as Iredell County Tax Map 2P, Block A, Lots 18A, 24, 24A, and 26, consisting of approximately 25 acres. The rezoning is from RA, Residential Agricultural, to M-2, Heavy Manufacturing. VOTING: Ayes - 4; Nays - 9. REZONING: CROSSROADS AIR ENTEPRISES, LTD. MOTION from Commissioner Stewart to approve the rezoning request as recommended by the Iredell County Planning Board, of property located on S. R. 1494, Catawbair Road, near Perth Road and Lake Norman Airport, more specifically described as Iredell County Tax Map 2P, Block A, Lot 15. The zoning is from RA, Residential Agricultural, to M2, Heavy Manufacturing. VOTING: Ayes - 4; Nays - 0. CLOSING OF A PORTION OF S. R. 1483: MOTION from Commissioner Murdock to approve the petitioned request from Richard K. Ferrar, Route 10, Box 182, Statesville, NC, and as recommended by the N. Gs Department of Transportation, to close a portion of S. R. 1483, located in Spring Shores Develop- ment. VOTING: Ayes - 4; Nays - 0. MR. HERMAN STARETTE RECOGNIZED: Chairman Hedrick recognized Mr. Herman Starette, pitching coach for the Milwaukee Brewers, and Iredell County resident. APPOINTMENTS - DOMICILIARY BOARD: No appointment was made on the captioned board, but Commis- sioner Crosswhite submitted two names for consideration at the next regular meeting of the board. These names were: Mrs. Ruby Wasson Mrs. Sadie Stegall TABLED until December 3, 1985 meeting. DEPARTMENT OF SOCIAL SERVICES - DIRECT MAIL ISSUANCE: Mr. Don Wall, Director of Social Ser- vices, came before the board to discuss direct mail issuance of food stamps. At the present time food stamps are being issucd at the post office. Mr. Wall seid direct mail issuance would be at no risk to the county, and this method would be better for the elderly and the handicapped. Approximately 30 counties have gone to this method. Iredell County has 1,473 households, representing 4,016 persons who are food stamp recipients, Mr. Wall said. The cost per transaction would be $.82; computing 50 cents for each transaction and 32 cents for postage, which represents a total annual saving of $17,478. Cost through the postal authorities is $1.82. Chairman Hedrick inquired about lost mail, to which Mr. Wall replied that the coverage would be by the firm to which the County contracts. The firm would be insured for $3 million, which will take care of any losses incurred. Commissioner Stewart asked Mr. Wall if he is comfortable with changing to direct mail issuance, and Mr. Wall replied that other counties are doing it and are pleased with the procedure. He said there was no trial period; once the transition is made, it becomes permanent. Mr. Wall also said he believed when the County advertised for bids, the cost would be less than 50 cents per transaction, more like 45 cents. Commissioner Stewart inquired if there was a designated group in Iredell County that would feel more comfortable with leaving the program as it is presently, to which Mr. Wall replied there was no ie esl cis BEERS ai ib SIRs 88 SR Biases Ce ERIN: 542 problem group in the county. Commissioner Murdock said sie would like to know more about the program. MOTION from Chairman Hedrick to proceed with the solicitation of the bids for direct mail issuance of the food stamps and the bids be brought back to the board for consideration. VOTING: Ayes - 4; Nays - 0. CHILD PROTECTIVE SERVICES: Mr. Don Wall, Social Services Director, presented information to the board regarding an additional social worker for protective services. This is a Social Worker II position, and it is to be funded for a six-month period in the current fiscal year through funds from the State. Originally the State was to fund $10,000, but now have committed an additional $2,143, for a total of $12,143 for the remaining fiscal year. $10,000 will be funded in fiscal year 1986-87. The cost will be $9,929 for the 1985-86 fiscal year, which represents 100% funding for this year. Mr. Wall said he would like to fund it for seven months, starting in December 1985, instead of the six-month period since there will be available state funds for the seven-month period. MOTION from Commissioner Murdock to approve the additional Social Services Worker II position for Child Protective Services. VOTING: Ayes - 4; Nays - 0. MORATORIUM ON ISSUANCE OF BUILDING PERMITS FOR ISLANDS AT LAKE NORMAN: The planning director, Mr. Jerry Lundy, stated that it has come to his attention that development of islands was not addressed in the Iredell County Zoning Ordinance. Due to the fact that this causes some concern, he requested that the board of commissioners place a moratorium on issuance of buil- ding permits on islands until he had an opportunity to consider proper control on their development and bring the recommendation to the board for adoption. MOTION from Chairman Hedrick to place a moratorium on building permits issued for construction on any islands, regardless of their location in Iredell County, until such time as they can be incorporated into our zoning ordinance. VOTING: Ayes - 4; Nays - 0. REFUND ON PAVING PARTICIPATION (S. R. 1458): A request was presented to the Board requesting that the amount of $406.83 be refunded to Crescent Land and Timber Company, Inc., for overpayment of a paving participation assessment on S. R. 1458. The county attorney had discussed this with staff and recommended the reiurn of this amount. MOTION from Commissioner Murdock to approve the refund in the amount of $406.83 to Crescent Land and Timber Company, Inc., for paving participation assessment against Ss. R. 1458. VOTING: Ayes - 4; Nays - 0. APPROVAL OF MINUTES, MEETINGS OF NOVEMBER 4, 5, and 6: MOTION from Commissioner Crosswhite to approve the minutes from the November 4, 5, and 6 meetings with corrections indicated. VOTING: Ayes - 4; Nays - 0. HOSPITAL AUTHORITY: Commissioner Crosswhite said it had been suggested to her that it might be a good idea to have a hospital authority. Mecklenburg and Guilford Counties have hospital authori- ties. Mrs. Crosswhite said she was presenting this for the board's consideration. The suggestion ~~ was for an advisory, external-type board. NO BOARD ACTION. COUNTY EMPLOYEE PARTICIPATION IN THE UNITED WAY CAMPAIGN: The county manager, Mr. Wayne Deal, informed the board that the county employees did a fine job in participating in the United Way Campaign this year, exceeding their previous goals in contributions. LOWRANCE HOSPITAL, INC. - UPDATE OF SALE/LEASE AGREEMENT: Mr. Deal, county manager, gave the board an update on the meeting of the Lowra.ice Hospital Board of Trustees meeting held on November 19th. He said the group unanimously supported the efforts that are taking place toward the sale of Lowrance Hospital. They took action to allow their board of directors to terminate their lease with the county at such time as the sale is consumated. Secondly, they unanimously supported the sale of { the hospital to Hospital Management Associates, and gave authority to their board of directors to finalize this sale in conjunction with the county commissioners. The board is 100% behind this transaction, Mr. Deal said. A question was raised at the hospital board meeting about what happens to the money upon the sale. What was proposed, in essence, and what the county attorney, Mr. Bill Pope, would recommend to the commissioners, is escrowing the funds for a period of not less than five years to cover any possible unforeseen liabilities incurred by the hospital. Mr. Pope recommended at the hospital board meeting that final disposition of the funds lays with the county board of commissioners, but he could recommend that the county commissioners appoint a committee to make recommendations on how the money would be spent and have the majority of those people on the committee come from the southern part of the county. Closing costs and expenses of this nature would be the only items taken from the funds realized from the sale. HOt a een 3 oleh BSE: - wae 943 EXECUTIVE SESSION: MOTION from Chairman Hedrick to adjourn to executive session for the purpose of discussing possible litigation. VOTING: Ayes - 4; Nays - 0. MOTION from Chairman Hedrick to return to regular session. VOTING: Ayes - 4; Nays - 0. ORGANIZATIONAL MEETING ON DECEMBER 3, 1985: Chairman Hedrick announced that the organization- al meeting of the board would be held on December 3, 1985, the regular time of meeting of the board. ADJOURN: MOTION from Chairman Hedrick to adjourn the meeting at 9:30 p.m. Next meeting: December 3, 1985, 7:30 p.m., Agricultural Center Conference Rooms 1 and 2, Statesville. ea : ae 7 Ly. LX CS Clerk to the Board - APPROVED: A). ae REDELL COUNTY BOARD OF COMMISSIONERS MINUTES DECEMBER 3, 1985 The Iredell County Board of Commissioners met in Regular Session on Tuesday, December 3, 1985, 7:30 p.m., Agricultural Center Conference Rooms 1 and 2, Statesville, NC. Present for the meeting were: William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Absent: Larry S. Hedrick, Chairman Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney Jerry Lundy, Interim Planning Director Jim Wall, Interim Recreation Director F. William Furches, Jr., Finance Officer Evie Caldwell, Deputy Purchasing Agent Alice Fortner, Clerk to the Board CALL TO ORDER: By Vice Chairman Mills INVOCATION: By Vice Chairman Mills APPROVAL OF MINUTES: MOTION from Commissioner Crosswhite to approve the minutes from the meetings of November 18 and November 19, 1985. VOTING: Ayes - 4; Nays - 0. REORGANIZATION OF THE BOARD: Vice Chairman Mills turned the chairmanship over to the county attorney for election of the officers of the board for the coming year. NOMINATION from Commissioner Crosswhite to elect Larry S. Hedrick as chairman and William A, Mills as vice chairman. MOTION from Commissioner Murdock to close the nominations. VOTE: Ayes - 4; Nays - 0. VOTING ON NOMINATIONS FOR Larry S. Hedrick to serve as chairman and William A. Mills to serve as vice chairman: Ayes - 4; Nays - 0. 944 Vice Chairman Mills resumed the chairmanship of the meeting. NOMINATION from Commissioner Crosswhite to appoint William P. Pope as county attorney. MOTION from Commissioner Murdock to close the nominations and elect William P. Pope by acc lama- tion. VOTING: Ayes - 4; Nays - 0. NOMINATION from Commissioner Crosswhite to appoint Alice Fortner as clerk to the board. MOTION from Vice Chairman Mills to close the nominations and elect Alice Fortner by acclama-~ tion. VOTING: Ayes - 4; Nays - 0. VICE CHAIRMAN MILLS ADJOURNED THE MEETING TO PUBLIC HEARING. REZONING REQUESTS: NON-OWNER REQUEST FOR REZONING, RESIDENTS OF DRIFTWOOD DRIVE: Mr. Jerry Lundy identified this property on the zoning map. The property is located on Driftwood Drive, State Road 1259, off Perth Road. The county board of commissioners and the planning board have approved this petition's appropriateness, and the planning board now recommends it to the board for final action of rezoning from Resort Residential to R-20, Single Family Residential. This property is comprised of approximately seven subdivision lots. No one present spoke for or against the rezoning request. REQUEST FOR REZONING, HOWARD NEEL, S. R. 1100, BRAWLEY SCHOOL ROAD: Mr. Jerry Lundy identified this property on the zoning map. The property is located on S. R.. 1108, Brawley School Road, aear S. R. 1179, Oak Tree Road. The request rezoning is from Residential Agricultural to Community Business. The 14 1/2 ~ acre tract comes with a unanimous recommendation from the planning board. No one present spoke for or against the rezoning. REQUEST FOR REZONING, RICK MILLER PROPERTY, CORNER OF N. C. 150 and S. R. 1180, DOOLIE ROAD: Mr. Jerry Lundy identified this property on the zoning map. The property is located on a corner lot at N. C. Highway 150 and S. R. 1180, Doolie Road. The proposed use is for a hardware and sporting goods store and possibly mini-warehouses. The 2-acre tract comes with a unanimous recommendation from the planning board. No one present spoke for or against the rezoning request. VICE CHAIRMAN MILLS CLOSED THE PUBLIC HEARING AND RE-OPENED THE REGULAR SESSION. RESIDENTS OF DRIFTWOOD DRIVE, PETITION FOR REZONING TO R-20: MOTION from Commissioner Stewart to accept the recommendation of the planning board to rezone this property from Resort Residential to R-20, Single Family Residential. This property is located on Driftwood Drive, S. R. 1259, off Perth Road, more specifically described as Iredell County Tax Map 3F-5, Block A, Lots 1-7. VOTING: Ayes - 4; Nays - 0. HOWARD NEEL, REZONING OF PROPERTY ON S. R. 1100, BRAWLEY SCHOOL ROAD: MOTION from Commissioner Murdock to approve the rezoning request since staff and planning board unanimousty approved this request. Rezoning is from Residential Agricultural to Community Business of property located on S. R. 1100, Brawley School Road, near S. R. 1179, Oak Tree Road, more specifically described as Iredell County Tax Map 2K, Block A, portion of Lot 11. VOTING: Ayes - 4; Nays - 0. RICK MILLER, PROPERTY LOCATED ON N. C. HIGHWAY 150 and S. R. 1180, DOOLIE ROAD. MOTION from Commissioner Crosswhite to accept the recommendation from the planning board to rezone property located at the corner of N. C. Highway 150 and S. R. 1180, Doolie Road. Requested rezoning is from Residential Agricultural to General Business, more specifically described as Iredell County Tax Map 2P, Block C, Lot 12. VOTING: Ayes - 4; Nays - 0. DUKE POWER'S INTENT TO WRITE PERMITS FOR CERTAIN STRUCTURES AT LAKE NORMAN: Mr. Lundy addressed the board regarding Duke Power's notification to the county of their intent to begin writing permits for any structures beyond the 760 contour line at Lake Norman, which includes piers, boat houses, etc. They brought sample permits and a sample ordinance they have prepared. They are going to ask the board to consider not issuing any permits for construction at the Lake unless they have first obtained a permit from Duke Power Company. Mr. Lundy said he was in the process of setting up a meeting with the other three counties that are contiguous to Lake Norman and inviting the Lake Norman Marine Commission. At this meeting they plan to discuss what impact this matter will have on the county and on the board. After the meeting, Mr. Lundy said he would report back to the board. Mr. Lundy said Duke Power said they had been ordered by Federal Energy Requlatory Commission (FERC) to inspect and write permits for anything that is built within the permit area, everything inside the 760 contour. Mr. Lundy said they said also they were going to do an inventory, and anything that is unsafe or hazardous they will have removed. They will use court action, if neces- sary. Mr. Lundy said the newspapers have reported that the Lake Norman Marine Commission has gone on record as opposing this action, as they believe the counties are adequately addressing the situa- tion. This has not been discussed with the county attorney, and the legal responsibilities of the county are unknown at this time. Mr. Mills inquired if the board would agree to more stringent requirements, could it be brought under the county's ordinance, and Mr. Lundy said this could be discussed. Mr. Lundy said Duke Power does have regulations regarding discharge into the lake. BIDS FOR TELEPHONE SYSTEM, SHERIFF'S DEPARTMENT: Mr. Wayne Deal said the county entered into a contract with Centralina Council of Governments in reference to securing bids for the telephone system at the Sheriff's Department. Mr. David Bailey, the COG representative was present to give a summary of these bids and to make a recommendation to the Board. Bids received are: Communications Systems, Inc. $29,635.00 Southern Bell Advanced Systems $30,173.93 Jarvis Corporation $30,469.00 Phone Services, Inc. $31,144.24 Executone Triad, Inc. $31,547.00 Southern Bell $772.70/mo + $5,082.30 AT&T $42,974.65 Business Communications, Inc. No Bid Concord Telephone Company No Bid Eight remaining bidders did not respond. Mr. Bailey said he had reviewed the bids with Capt. Rodney Proctor, Sheriff's Department, and Mrs. Evie Caldwell, Finance Department, and he felt comfortable in recommending Phone Services, Inc. This company was not the lowest bidder, but they were the lowest bidder that met specifications. In addition, their telephone system provides for growth capabilities that far exceeds other telephone systems. This is an appealing factor since other departments may be added in the future. Mr. Bailey said the fact that this company is a local service gives a sense of security in case of emergency vepair. The bids specified a one-hour response. Mr. Bailey said given their bid, the equipment they recommended which he had checked out, and their service in the community already, he was recommending Phone Services with outright purchase of the telephone system) He said that over a six-year period, it will save approximately $30,000 for the county in addition to giving a lot of features that are not now available. Questions were raised by the board members in regard to the bid tabulation sheet. MOTION from Commissioner Stewart to accept the bid by Phone Services, Inc., for the telephone system at the Sheriff's Department. VOTING: Ayes - 1; Nays - 3. TABLED UNTIL THE DECEMBER 17TH MEETING. RECREATION GRANTS AWARDED: Mr. Jim Wall, interim recreation director, came before the board to discuss the recreation grants that are recommended by the recreation advisory board and the recrea- tion staff. The grant awards proposed are as follows: South Iredel! Soccer Association $2,500.00 Union Grove Elementary School PTA $1,400.00 Monticello Elementary School PTA $1,250.00 Monticello Elementary School PTA $2,500.00 North Iredel] High School Booster's Club $2,500.00 West Iredell Academic & Athletic Booster's Club $2,500.00 Celeste Henkel School PTA $1,000.00 South Iredell High School Ath. Booster's Club $2,500.00 Ebenezer Elementary School PTA $2,500.00 Shepherd Elementary PATS $1,500.00 Mt. Mourne School PTA $2,500.00 Central Youth Athletic Board $ 503.63 East Elementary STPA $2,500.00 East Elementary STPA $2,500.00 Harmony School PTA $2,500.00 Sharon Youth Athletic Board $2,378.32 Troutman Middle School Booster's Club $1,850. Scotts Elementary School PTA $1,208. South Iredell Soccer Association $2,500. 246 TOTAL FUNDS REQUESTED $33,589.00 TOTAL AVAILABLE FUNDS $30,000.00 AMOUNT EXCEEDING FUNDS $ 3,589.00 Two different proposals were made by the recreation staff and advisory board. One request was for a total expenditure of $30,003.63 ($3.63 over the $30,000 allocated in the budget); the second request was for an expenditure of $31,352.63 ($1,253.63 over the $30,000 allocated in the budget). MOTION from Commmissioner Murdock to approve the expenditure of $31,253.63 for the matching grant program. VOTING: Ayes - 4; Nays - 0. DISCUSSION OF INSURANCE FOR THE COUNTY'S ROPES CHALLENGE COURSE: Mr. Deal, County Manager, said the ropes course challenge program has been closed due to lack of insurance. While this is not a dangerous program, the county should not take the risk of continuing the program without insurance, Mr. Deal said. Staff is trying to secure coverage for this program, but nothing is available at this time. APPOINTMENT TO DOMICILIARY BOARD: Mr. Charlie Benbow, member of the Domiciliary Board, came before the board to discuss the activities of the Domiciliary Board. He described the different types of care available through the long-term care facilities and the role of the Domiciliary Board in visiting the homes, which is to see that the rights of the patients are preserved and that they are receiving adequate care. After his presentation, the board thanked him for coming to the meeting and sharing this information with them. MOTION from Commissioner Murdock to appoint Mrs. Martha Webster to the Domiciliary Board. This is an initial one-year appointment, beginning on December 3, 1985, and concluding December 3, 1986. VOTING: Ayes - 4; Nays - 0. SURPLUS PROPERTY FROM IREDELL COUNTY SCHOOLS OFFERED TO COUNTY: The board was offered the following surplus property by Iredell? County Schools: Principal's Old House at Union Grove Amity Hill School and surrounding land Railroad siting located within the City of Statesville After discussion, it was the consensus of the board that the County would not be interested in acquiring any of these properties. REQUEST FOR ADDITIONAL FUNDS FOR PARKER-HANNIFIN SEWER LINE EXTENSION: The Board received information from the Town of Mooresville stating that the construction bids for the sewer line to Parker-Hannifin Company located on Highway 21 North were higher than originally estimated. The original estimate was $100,000, with Iredell! County committing for $70,000 of this amount on February 5, 1985. The low bid for this project was $126,711.00. Based on the county paying 70% of this amount, an additional $18,697.70 would be required from the county for this project. After discussion, the board tabled the request until December 17th meeting. NO BOARD ACTION. a TAX LISTERS FOR 1986: The county manager, Mr. Wayne Deal, presented the list of tax listers for 1986. No board action is required; this was just to inform the board who would be listing taxes in case they receive calls in this regard. RALPH YOUNT: Mr. Ralph Yount came before the board regarding the water supply concern at West Iredell. Mr. Yount distributed copies of a letter addressed to Chairman Larry S. Hedrick, wherein he committed to a $100,000 contribution to improve the water supply and pressure at West Iredel] Water Corporation. The letter stated certain stipulations under which Mr. Yount would make this contribution. A discussion by the board and county manager took place with Mr. Yount in reference to the water “situation at West Iredell and particularly at the I-40/01d Mountain Road intersection. The board recently retained Chip Green to pursue a Community Development Block Grant for the West Iredel] Water Corporation. Mr. Deal gave a report on the status of the grant application. Mr. Deal also expressed his concern of approximately $500,000 being spent on the water system and this not solving the problems. Vice Chairman Mills asked the county manager to have a report on the status of West Iredell] Water Corporation and the grant application process at the meeting on December 12th. Mr. Bill Pope said he would like to see a citizens' committee, comprised of representatives of the industrial community, residential community, agricultural community, study the problems of water in Iredell County and make some recommendations about what the county can and should do. 547 INDUSTRIAL REVENUE BONDS, ACCUMA, INC., APPROVAL OF FINAL DOCUMENTS: Mr. Bill Pope, County Attorney, presented the final documents for the Accuma, Inc., industrial revenue bond financing. Commissioner Mills introduced the following resolution: RESOLUTION APPROVING THE ISSUANCE BY THE IREDELL COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY OF ITS INDUSTRIAL REVENUE BOND (ACCUMA CORPORATION PROJECT), IN THE PRINCIPAL AMOUNT OF $3,200,000 TO FINANCE AN INDUSTRIAL PROJECT FOR ACCUMA CORPORATION. BE IT RESOLVED by the Board of Commissioners for the County of Iredell. Section 1. The Board of Commissioners has determined and does hereby declare as follows: (a) The Board of Commissioners of The Iredell County Industrial Facilities and Pollution Control Financing Authority (the “Authority") met on December 3, 1985, and took the following action in connection with the proposed issuance and sale of the Authority's Industrial Revenue Bond (Accuma Corporation Project), in the principal amount of $3,200,000. (1) authorized the borrowing under and the issuance and performance of the Authority's Industrial Revenue Bond (Accuma Corporation Project) in the aggregate principal amount of 3,200,000 and directed the execution and delivery of said Bond; (2) approved and authorized the execution, delivery and performance of the Bond Purchase Agreement dated as of December 1, 1985, among the Authority, NCNB National Bank of North Carolina (the "Purchaser" ) and Accuma Corporation (the "Company"), providing for the sale of the Bond. (3) approved and authorized the execution, delivery and performance of the Loan Agreement, dated as of December 1, 1985 between the Authority and the Company, with the form of the Company's Promissory Note dated as of December 1, 1985 (the "Note") attached as Exhibit A thereto. (4) approved the form of the Note and authorized the endorsement thereof without recourse to the order of and the pledge thereof to the Purchaser. (5) approved and authorized the execution, delivery and performance of the Security Agreement, dated as of December 1, 1985, between the Authority and the Company; (6) approved the form of the Deed of Trust, dated as of December 1, 1985, from the Company to J. W. Kiser, Trustee for the Authority; (7) approved and authorized the execution, delivery and performance of the Assignment, dated as of December 1, 1985, from the Authority to the Purchaser and consented to by the Company; (8) approved the form of the Guaranty Agreement dated as of December 1, 1985 from RIA Holdings and the Company to the Purchaser; and (9) approved the form of the Pledge and Assignment, dated as of December 1, 1985, from RIA Holdings to the Purchaser. (b) The Board of Commissioners for the County of Iredell has reviewed the action taken by the Board of Commissioners of the Authority in connection with the»issuance and sale of the Bond has made such other examination and investigation as it deems necessary and relevant as the basis for the approval set forth herein. Section 2. Pursuant to and in satisfaction of the requirements of Section 159C-4(d) of the General Statutes of North Carolina, the Board of Commissioners for the County of Iredell hereby approves the issuance by the Authority of the Authority's Industrial Revenue Bond (Accuma Corpora- ( tion Project) in the principal amount of $3,200,000. This resolution shall take effect immediately upon its passage. Section 3. Commissioner Stewart moved the passage of the foregoing resolution and the resolution was passed by the following vote: Ayes: Commissioners Stewart, Mills, Crosswhite, and Murdock. None. Nays: Mr. William P. Pope announced that the closing of this industrial revenue bond for Accuma Corporation is set for December 27, 1985. ple Nie MRE 2 x PMI ei MMR A ILD Rl i AE 948 PROPOSED SALE/LEASE OF LOWRANCE HOSPITAL, INC.: Mr. William P. Pope, county attorney, advised the board that he had received Draft #3 of the proposed contract of which the board members have copies. He said there were some details in the contract that concern him, one of them being the fact that the county is acquiring liabilities that are not shown on the balance sheet. Mr. Pope said he was looking for an insurance policy to cover the county's risk in this matter, and he asked the board's permission to advertise the public inspection of the contract at the point when he was satisfied with the coverage of the county's liabilities in the contract. By consensus of the board, Mr. Pope was given authority to advertise the public inspection of the contract when he was comfortable with the county's position. EXECUTIVE SESSION: MOTION from Commissioner Stewart to enter executive session for the purpose of discussing property acquisition and personnel matters. VOTING: Ayes - 4; Nays - 0. MOTION to adjourn to from executive session to regular session from Commmissioner Mills. VOTING: Ayes - 4; Nays - 0. CONTRACTS APPROVED BETWEEN CENTRALINA COUNCIL OF GOVERNMENTS AND IREDELL COUNTY: The county manager, Mr. Wayne Deal, presented a contract with Centralina Council of Governments in connection with Emergency Medical Services for approval by the board and authorization to sign in behalf of the county. MOTION from Commissioner Mills to approve the contract and authorize the county manager to sign in behalf of the county. VOTING: Ayes - 4; Nays - 0. A Clerk APPROVED: Lud/ 4.2 JpS IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES DECEMBER 12, 1985 The Iredell County Board of Commissioners met in Regular Adjourned Session on Thursday, Decem- ber 12, 1985, 12:00 Noon, County Annex Conference Room, Statesville, NC. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney Lois Troutman, Tax Supervisor Jerry Lundy, Interim Planning Director Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick INVOCATION: By Chairman Hedrick APPROVAL OF MINUTES: MOTION from Commissioner Murdock to approve the minutes from the December 3, 1985 meeting. J VOTING: Ayes - 5; Nays - 0. AFTERLISTS, RELEASES AND REFUNDS ~ NOVEMBER 1985: MOTION from Commissioner Murdock to approve the afterlists, releases, and refunds for the month of November 1985. VOTING: Ayes - 5; Nays - 0. NAME TOWNSHIP REASON AMOUNT Lutrell Cranfill 13197 Outside Dif. house on wreng lot 34.89 Edger Cranfill 13189 Outside . 24.76 Jack Bagwell 2807 C. Creek Bldg incomplete 132.10 Crafty Plant Shop 13163Chambersburg Out of business 35.47 kis 949 Billy Ray Moore 63089 Chambersburg 1985 Double charged 27.55 Dale Brown 7169 Sharpesburg 1985 Error in pricing 3.69 Mrs. C. B. Austin 63236Cool Springs 1985 To correct farm use 1.2 . 63236 " 1985 “ 24.73 ” Gaza “ 1965” 127 David Hamby 23946 Outside 1985 Listing error 2.54 James Skiles 51980 C. Creek 1985 Rental no household 4.86 Harold Wooten 62431 Eagle Mills 1985 Appraisal error 8.98 Charles Johnston 29825 C. Creek 1985 House incomplete 21.03 Brenda Adams 63174 Inside 1985 Double charged 123.53 Steven Clanton 11057 Concord 1985 . Pricing error 1.69 14.92 WC Etchinson 18259 C. Creek 1985 Due exemption 34.85 Michael Warren 59023 Shiloh 1985 Double listed 9.14 Dwight Hargett 63210 Davidson 1985 House incomplete 245.30 E E Boyer 6084 Chambersburg 1985 No household there 6.33 Harold Wooten 62431 Eagle Mills 1985 House removed 4.51 Emma Ham 23988 Sharpesburg 1985 Due exemption 34.85 J R Caudill 10184 C Creek 1985 Acres corrected 4.75 Curvin Stroud 54899 Olin 1985 Double listed 4.28 42.76 Dr. George Wike 60827 C. Creek 1985 Sold on discovery 76.83 TAX COLLECTOR'S REPORT, NOVEMBER 1985: MOTION from Commissioner Mills to receive the Tax Collector's Report for the month of November 1985 as information. VOTING: Ayes - 5; Nays - 0. EXECUTIVE SESSION: MOTION trom Chairman Hedrick to adjourn to Executive Session to discuss possible litigation. VOTING: Ayes - 5; Nays - 0. MOTION to adjourn from Executive Session and return to regular Session from Chairman Hedrick. VOTING: Ayes - 5; Nays - 0. WEST IREDELL WATER CORPORATION: Mr. Ralph Yount and managers of some of the manufacturing companies located at I-40 and 01d Mountain Road area were present to discuss their water needs in the area. After a discussion, this matter was postponed until December 17th meeting. BIDS FOR THE TELEPHONE SYSTEM AT THE SHERIFF'S DEPARTMENT: Bids for the telephone system at the Sheriff's Department were presented to the board on December 3, 1985 for approval. Mr. David Bailey, Centralina Council of Governments, who was retained by the County to make a recommendation to the Board, recommended Phone Services, Inc., who was the lowest bidder who met the specifica- tions. MOTION from Commissioner Murdock to approve the installation of this telephone system. VOTING: Ayes - 5; Nays - 0. HERONWOOD PLANNED RESIDENTIAL DEVELOPMENT - MODIFICATION TO FINDINGS OF FACT: The board re- ceived from Mr. Jerry Davenport, advisory legal counsel in the Heronwood matter, the findings of fact developed from the Planned Residential Development Modification Hearing on July 11, 1985, written as follows: IREDELL COUNTY STATE OF NORTH CAROLINA MATTER: MODIFICATION OF SPECIAL USE PERMIT FOR HERONWOOD PLANNED RESIDENTIAL DEVELOPMENT Action Taken: DENIED On July 11, 1985, the Iredell County Board of Commissioners met and held a public hearing to consider a modification to the Special Use Permit for Heronwood Planned Residential Development. Having heard all the evidence and arguments presented at the hearings, the Board makes the following findings of fact: 1. That this matter involves the addition of a wastewater treatment plant to serve a 252 unit development on 104 acres; that the proposed additional structures and use modify the site plan approved by the Board of Commissioners in a special use permit granted on February 7th, 1984; that the original site plan was approved with nitrification fields used for sewage disposal; the density of the 550 ; oe ’ ee ns bc sarees RRO: PLS RR ein AEN lc eR + Sa development was limited by the use of nitrification fields; 2. That the proposed treatment plant vould (a) be located within 75 feet of Lake Norman; (b) be located uphill from the development and in such a way that the wastes from most of the units in the development, which are located along the Lake, would have to be pumped from an unspecified location very close to the shore uphill to the plant site; (c) have mechanical parts which if they failed could result in the effluent or the entire project being discharged in a partially treated or untreated condition into the Lake, given the distance of the pumps and the plant from the Lake: (d) would treat domestic sewage only. It would not treat any chemicals, or heavy metals, or other non-biodegradable matter. (e) be located at a point where the Lake is narrow; the property of petitioners is adjacent to the 23 1/2 acre island; the distance between the island and the mainland is narrow and the water shallow; and accidental discharge of untreated or partially untreated effluent in the area could be very harmful to the water quality of the Lake; 3. That the developer has failed to show the exact location of the plant and has failed to show enough design detail, including discharge point, to determine that the plant would be designed and operated so as to protect the public health; 4. That the properties adjoining the proposed treatment plant are zoned for residential/agricultural use, namely an R-A District; that an open space of at least 45 feet shall be provided between the property line and the proposed building or accessory use; that the treatment facility as proposed would be buffered in accord with Section 41.6 of the Iredell County Zoning Ordinance; 5. That the developer has applied for a wastewater discharge permit from the Department of Natural Resources and Community Development of the State of North Carolina, which is the appropriate State or local agency to review plans of this nature; 6. That the treatment facility would result in more land being retained in wooded open space, which would be available for the passive recreation needs of the develoment; 7. That the development abuts Lake Norman: WHEREFORE, the Board finds as follows: 8. That the proposed modification to provide a wastewater sewage disposal system for this development is a modification of the special use permit which affects the basic relationships of the ordinance under which the special use permit was approved. 9. That the application has failed to produce competent, material and substantial evidence at the public hearings which tended to show that the proposed modification would comply with all the standards and requirements of the Iredell County Zoning Ordinance at the time the special use permit was approved, and more specifically has not established that all the "Development Standards" set out in Section 87 have been satisfactorily met. 10. The Board finds as regards those specific standards brought into question by nature of the modification that (a) the total development, considered in light of the modifications proposed, is not capable of creating an environment of sustained desirability and stability; (b) the proposed modification will pose an increased likelihood of a significant adverse impact on the water quality of Lake Norman, and that the modification does not include adequate precautions to protect the quality the water in Lake Norman. THEREFORE, THE PROPOSED MODIFICATION OF THE SPECIAL USE PERMIT FOR THE HERONWOOD PLANNED RESIDENTIAL DEVELOPMENT IS DENIED. itcsda iS: APRMMEI aS ADE ili a wwe yee” 4 25 | The foregoing was rendered by the Board of Commissioners on the 12th day of December, 1935. MOTION from Commissioner Mills to adopt the Modification of Special Use Permit for Heronwood Planned Residential Development (written above). VOTING: Ayes - 3 (Hedrick, Mills, and Murdock) Nays - 2 (Crosswhite and Stewart) ADJOURN: Chairman Hedrick adjourned the meeting at 1:45 p.m. Next meeting; December 17, 1985, 7:30 p.m., Agricultural Center Conference Rooms 1 and 2, Statesville, NC. 4s M g mA (Hate Clerk a APPROVED: /an- 13-5 IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES DECEMBER 17, 1985 The Iredell County Board of Commissioners met in Regular Adjourned Session on Tuesday, December 17, 1985, 7:30 p.m., Agricultural Center Conference Rooms 1 and 2, Statesville, NC. Present for the meeting were: Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney F. William Furches, Jr., Finance Officer Chuck Gallyon, Fire Marshal Kenneth Vaughn, Agricultural Extension Chairman Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick INVOCATION: By William P. Pope, County Attorney PRESENTATION OF SPECIAL RESOLUTION TO HERBERT C. HAWTHORNE: MOTION from Chairman Hedrick to approve the following resolution: IN APPRECIATION WHEREAS, Herbert C. Hawthorne, an Iredell County resident, served as a member of the North Carolina Milk Commission from October 1971 until November 1985, appointed initially by Governor Robert W. Scott and subsequently reappointed by Commissioner of Agriculture James A. Graham; and WHEREAS, he has served for ten years in the capacity of Chairman of the North Carolina Milk Commission; and WHEREAS, Herbert C. Hawthorne has tendered his resignation and has resigned from his position as Chairman of the North Carolina Milk Commission; NOW, THEREFORE, the Iredell County Board of Commissioners, speaking in behalf of all the citizens of Iredell County, especially those engaged in the dairy industry, hereby expresses appreciation for the valuable service he has contributed to Iredell County and North Carolina, AND FURTHER wishes him only the best in his retirement years. 952 IREDELL COUNTY BOARD OF COMMISSIONERS Larry S. Hedrick, Chairman VOTING: Ayes - 5; Nays - 0. APPROVAL OF MINUTES, July 11, 1985 NEETING: MOTION from Commissioner Crosswhite to approve the minutes from the July 11, 1985 meeting. VOTING: Ayes - 5; Nays - 0. COMMUNITY-BASED ALTERNATIVES TASK FORCE, ADDITIONAL STATE FUNDS: Mr. Paul Risk, Chairman of the CBA Task Force, presented the board with the amended budgets for the agencies funded with CBA State Funds. These amended budgets included the additional funds being allocated by the State, and are as follows: AGENCY ORIGINAL FUNDING EXPANSION FUNDS TOTAL FUNDING Iredell] Co.Youth Home $15,500.00 $15,500.00 Statesville Recreation Dept. 4,450.00 4,450.00 Iredell] Recreation Dept. 6,315.00 $1,000.00 7,315.00 Iredell County Schools 20,411.00 3,457.00 23,868.00 Statesville City Schools 17,063.00 3,375.00 20,438.00 Mooresville City Schools 16,614.00 3,286.00 19,900.00 TOTALS $80,353.00 $11,118.00 $91,471.00 ORIGINAL ALLOCATIONS $80,353.00 EXPANSION FUNDS AVAIL. 17,270.00 TOTAL CBA 97,623.00 TOTAL ALLOCATION FUNDS 11,118.00 TOTAL RETURNED TO STATE $ 6,152.00 MOTION from Commissioner Murdock to approve the expansion fund allocation recommended by the CBA Task Force. VOTING: Ayes - 5; Nays - 0. IREDELL WATER CORPORATION - REQUEST FOR FUNDS: Mr. Bill Holman, Manager, Iredell Water Corpo- ration; Mr. David L. Peeler, Engineer for W. K, Dickson; and members of the Iredell Water Corpora- tion Board came before the board in regard to a request for funds for Iredell Water Corporation. Mr. Holman introduced their engineer and members of their board. Mr. Holman and Mr. Peeler outlined the water corporation's request for funds to the board, giving an Alternate Route A, at a cost of $225,000, which would pick up an additional 29 users including the Olin Volunteer Fire Department, and would serve North Iredell High School. Alternate B would cost $216,250.00 and have an anticipated 20 additional users and would serve North Iredell High School. The engineer and Mr. Holman recommended Alternate A as the best route for the water line. The water corporation's request for funds was for the Senate Bill #2 funds allocated to the county during 1985-86 fiscal year. The county manager said he had been in touch with the North Carolina Attorney General's Office regarding the legality of matching these funds with funds from other sources such as Farmers Home Administration Loans and allocating them to a non-profit organization such as Iredell Water Corpora- tion. At the present time Mr. Deal has not received a reply from the Attorney General's Office. Commissioner Mills inquired when the water corporation would need these funds, saying the County could not do anything until they received a ruling from the Attorney General's Office. The engineer said the first of January 1986 would be when the funds would be needed. Commissioner Mills also inquired if they had additional projects they anticipated doing in the near future, to which the water corporation officials replied they had none at the present time. ¢ MOTION from Commissioner Mills to approve the Iredell] Water Corporation's request in the amount of $112,500.00 to be paid from the Senate Bill #2 Funds, subject to the Attorney General's Office approving the County's using the funds in this manner. VOTING: Ayes - 5; Nays - 0. SHERIFF'S DEPARTMENT, COMMUNICATIONS BID: Chairman Hedrick announced that at the meeting of the board on December 3, 1985, bids were presented to the board for awarding a contract for purchase of telephone equipment at the Sheriff's Department. It was the consensus of the board that a decision on this matter would be made at the December 17th meeting; however, at the December 12th meeting, the board inadvertently took action to award the contract to Phone Services, Inc., which was the company recommended by Mr. David Bailey, Centralina Council of Governments consultant to the z county in this bid award process. 5935 At this time MOTION was made by Chairman Hedrick to rescind the action taken on December 12 of awarding the bid to the vendor, Phone Services, Inc. VOTING: Ayes - 5; Nays - O. In further discussion of the matter, the county manager, Mr. Wayne Deal, recommended that the award of the bid be delayed until the January 7, 1986 meeting so that he could notify all the companies that submitted bids and tell them what had transpired. He said in fairness to all the vendors, he would tell them that Mr. David Bailey's recommendation is for Phones Services, Inc. to receive the award of the bid and give them an opportunity to respond. The board concurred with Mr. Deal's recommendation. FIRE MASTER PLAN: Mr. David Bailey, Centralina Council of Governments, and Mr. Chuck Gallyon, Fire Marshal, came before the board to discuss the county's proposal for a Fire Master Plan in Iredell County. This has come about by the recent State law allowing five-mile fire districts. The field work for the expanded boundaries would be prepared, if the board approves this proposal, in conjunction with the County's Land Use Plan, which would save time and money, Mr. Deal said. MOTION from Chairman Hedrick to enter into a contract in the amount of $4,250 with Centralina Council of Governments to develop a Fire Master Plan. Funds are already budgeted in the Fire Mar- shal's 1985-86 budget. VOTING: Ayes - 5; Nays - 0. MOBILE AIR SYSTEM FOR VOLUNTEER FIRE DEPARTMENTS: Mr. Chuck Gallyon, fire marshal, discussed with the board the acquisition of a mobile air system to be used by the volunteer fire departments. Mr. Gallyon gave a slide presentation showing an air system that is owned by Burke County. The purchase involves acquiring a used van to house the air system; and Mr. Gallyon said he had commitments for half the amount of required funds, which means the County would only need to spend approximately $12,000 in tax revenues. In discussing the matter further, Commissioner Mills said he would like to reiterate an earlier statement made by him regarding the allocation of funds to make purchases during the year that are not considered emergencies. He said he would like to the see this item included in the 1986-87 budget. After further discussion, MOTION was made by Chairman Hedrick that the board favorably consider the purchase of the mobile air system and that the $12,000 come from Contingency Fund. VOTING: Ayes - 5; Nays ~ 0. WEST IREDELL WATER CORPORATION, REQUEST FOR FUNDS: Mr. Sam Hindman, president of West Iredel] Water Corporation, and their engineer, Mr. Smithson, came before the board in reference to a recent request for funds for construction of a water line to the I-40 and Old Mountain Road intersection where industries are located that are experiencing water shortage. After discussion on which would be the best way to construct the water line, the board was of the consensus that further work needed to be done to address the water corporation's design prob- lems. Chairman Hedrick said the Board is willing to contribute a substantial amount of money to match a grant or funds, but more information is needed by the board regarding the water corpora- tion's plans. 3 RALPH YOUNT, WATER PROBLEMS AT 1-40 AND OLD MOUNTAIN ROAD: Mr. Yount asked to address the board in reference to the water problems at the industries at Old Mountain Road and I-40 intersee=" tion. He introduced Mr. Roger Williams, a fire specialist, who made comments regarding the problems with sprinkler systems and water pressure in the industries located at this intersection. Mr. Yount also called on some persons in attendance at the meeting who live in that area to speak to the board about their particular problems with water supply. After further discussion, Chairman Hedrick said the board knows the problem that is being experienced in that area, and he would like for the West Iredell! Water Corporation to seek a solution to the problem and come before the board at their earliest convenience. RETRACTION OF LETTER OF COMMITMENT FROM RALPH YOUNT: Mr. Yount submitted another letter to the < board to retract his offer of $100,000 toward the installation of a water line to the [I-40 and Old Mountain Road intersection. AGRICULTURAL EXTENSION SERVICE, MEMORANDUM OF UNDERSTANDING: Mr. Kenneth Vaughn, Agricultural Extension Service Chairman, came before the board in reference to funding of salaries for the Agricultural Extension Service employees. Mr. Vaughn was requesting that the County pay 50% of the salaries, beginning on January 1, 1986. There are enough funds in the Agricultural Extension budget to handle this additional expenditure by using lapsed salary funds. No salary increased will] result from this percentage increase in funding from the County, Mr. Vaughn said. This expenditure was recommended by the County Manager. MOTION from Chairman Hedrick to fund 50% of the Agricultural Extension salaries, beginning January 1, 1986. , anerr an ie Nomi " ae ” Fl : Nb Deine EOS»: 4 Nee ROL OO pads sy wae oe ee RS ssi ng 954 VOTING: Ayes - 5; Nays - 0. MAPPING DEPARTMENT, REQUEST FOR CAPITAL FUNDS FOR MAP CABINET: Mr. Deal informed the board that this matter did not require a budget amendment. Mr. Luther Souther, Mapping Supervisor, finds that he needs an additions] map cabinet in his department due to the increased number of splits and transfers. During budget deliberations last year, Mr. Souther thought he would be able to get through the 1985-26 fiscal year without an additional cabinet, but he now finds he is unable to do so. A quotation in the amount of $1456 was submitted for the board's information. No action is required of the board, Mr. Deal said, as this is just a matter of keeping the board informed of a capital outlay purchase that needs to be made. The board concurred with Mr. Deal's actions to purchase the map cabinet. APPOINTMENTS, TRI-COUNTY MENTAL HEALTH AGENCY: NOMINATION from Commissioner Murdock to appoint Mrs. Sandra McRacken and Mrs. Clara Borkowsky for four-year terms on the Tri-County Mental Health Agency Board, beginning retroactively on October 1, 1985 and continuing through September 30, 1989. MOTION from Commissioner Mills to appoint these two persons to the Tri-County Mental Health Agency Board. VOTING: Ayes - 5; Nays - 0. SEWER LINE FUNDING, PARKER-HANNIFIN PROJECT: This matter is continued from the December 3, 1985 meeting. Seventy per cent of the funds for overrun on bids for sewer line to the Parker- Hannifin industrial site in the amount of $18,697.70 are requested of the Board. The County Manager recommended the board appropriate this additional funds. MOTION from Commissioner Murdock to appropriate the sum of $18,697.70 to the Town of Mooresville for the construction of the Parker-Hannifin sewer line. Funds to be appropriated in accordance with the Water/Sewer Line Extension Policy between Iredell! County and the Town of Moores- ville. VOTING: Ayes - 5; Nays - 0. COUNTY OFFICE HOURS CHANGED: The County Manager, J. Wayne Deal, recommended to the board that the office hours all be changed to a schedule of 8:00 a.m. until 5:00 p.m., thereby making all offices operating on a uniform hourly schedule. The board concurred with Mr. Deal's recommendation. PLANNING SESSION: MOTION from Commissioner Crosswhite that the board hold a planning session with the appropriate members of the Institute of Government and the North Carolina Association of County Commissioners on the first weekend that is convenient to all the board members. Further, Commissioner Crosswhite moved that Mr. Deal work out all the details and then get back to the board with them. VOTING: Ayes - 5; Nays - 0. FIRE MASTER PLAN: After a discussion with the County Manager and Mr. David Bailey, Centralina Council of Governments, MOTION was made by Chairman Hedrick to rescind the original motion with regard to the awarding of the contract for the Master Fire Plan in the amount of $4250. VOTING: Ayes - 5; Nays - 0. MOTION from Chairman Hedrick to approve the Fire Master Plan Contract in the amount of $9,946.00 payable in the amount of $4,250 in the 1985-86 budget, the balance of which will paid paid upon completion of the plan, no earlier than 1986-87 budget. VOTING: Ayes - 5; Nays - 0. EXECUTIVE SESSION: MOTION from Commissioner Mills to enter Executive Session for the purpose of discussing personnel matters. VOTING: Ayes - 5; Nays - 0. MOTION from Chairman Hedrick to return to Regular Session. VOTING: Ayes - 5; Nays - 0. ADJOURN: Chairman Hedrick adjourned the meeting at 10:30 p.m. Next meeting: December 23, 1985, 1:00 p.m., County Annex Conference Room, Statesville, NC. aa. fo Mh ite Ltt peer! Clerk to the Board approved: 4.2 /2.3/ 7S i ONE Nis MM OE ew obs d Mae ti em 9595 IREDELL COUNTY BOARD OF COMMISSIONERS MINUTES DECEMBER 23, 1985 The Iredell] County Board of Commissioners met in Regular Adjourned Session on Monday, December 23, 1985, 1:00 p.m., County Annex Conference Rooms 1 and 2. Present for the meeting were: ' Larry S. Hedrick, Chairman William A. Mills, Vice Chairman Jessie S. Crosswhite Frances L. Murdock Alice M. Stewart Staff present: J. Wayne Deal, County Manager William P. Pope, County Attorney Jerry Lundy, Interim Planning Director Alice Fortner, Clerk to the Board CALL TO ORDER: By Chairman Hedrick INVOCATION: By Chairman Hedrick APPROVAL OF L. G. CALDWELL PLAT: Mr. Jerry Lundy, Interim Planning Director, presented this plat to the board. Mr. Lundy advised the board that conventional septic tanks would not be suitable for use in this particular subdivision. A letter was presented to the board by Mr. Lundy from Mr. Fred Clemmer, RS, Iredell County Health Department, dated December 20, 1985, wherein Mr. Clemmer said “These soils are unsuitable for use with a conventional ground absorption sewage disposal system." After discussion, MOTION was made by Chairman Hedrick as follows: "Move to approve the the L. G. Caldwell Plat subject to the conditions stated in this letter and suitable notation being made on the plat of the instructions.” VOTING: Ayes - 5; Nays - 0. APPROVAL OF MINUTES, DECEMBER 12, 1985 AND DECEMBER 17, 1985 MEETINGS: MOTION from Commissioner Murdock to approve the minutes from the December 12, 1985 and December 17, 1935 mee- tings: VOTING: Ayes - 5; Nays - 0. EXECUTIVE SESSION: MOTION from Chairman Hedrick to enter executive session to discuss proposed land sale. VOTING: Ayes - 5; Nays - 0. MOTION from Chairman Hedrick to adjourn from executive session. VOTING: Ayes - 5; Nays - 0. SALE OF LOWRANCE HOSPITAL, INC.: Chairman Hedrick recognized the officials of Hospital Management Associates, Mr. Robert Smith, general legal counsel, ard Mr. Earl Holland, Senivr Vice President of HMA. Mr. William P. Pope, County Attorney, presented the board with Draft 4 of the Lowrance Hospital, Inc., Purchase Agreement and Amendments to the Agreement. Mr. Pope recommended that the Iredell County Board of Commissioners approve the sale of the Lowrance Hospital, Inc., to Hospital Management Associates at the price of $3.6 million with the understanding that the Purchaser will also defease $487,000 in Iredell County General Obligation Bonds and will invest $1 million in new equipment and refurbish the facilities within twe ity-four (24) months, authorize the execution of the contract, and authorize the execution of any other documents necessary to consu- mate this transaction involving the sale of Lowrance Hospital, Inc. MOTION from Commissioner Stewart to app-ove the sale of the Lowrance Hospital, Inc., to Hospi- tal Management Associates, Inc., at a price of $3.6 million, with the understanding that the Purcha- ser will also defease $487,000 in Iredell County General Obligation Bonds and will invest $1 million ( in new equipment and refurbishing facilities within twenty-four (24) months, to authorize the execution of the contract, and any other documents necessary to consumate this transaction involving the sale of Lowrance Hospital, Inc. VOTING: Ayes - 5; Nays - 0. Commissioner Crosswhite said she would like to personally thank Commissioner Bill Mills, Commissioner Alice Stewart, County Attorney Bill Pope, County Manager Wayne Deal, and the Board Members of Lowrance Hospital for the work they did in the sale of the Lowrance Hospital. Others extended their appreciation to those who were involved in the Lowrance Hospital sale transaction. ADJOURN: MOTION from Chairman Hedrick to adjourn the meeting. Time: 1:50 p.m. Next meeting