IREDELL COUNTY BOARD OF COMMISSIONERS PRE-AGENDA MINUTES. January 17, 2017

Transcription

1 IREDELL COUNTY BOARD OF COMMISSIONERS PRE-AGENDA MINUTES The Iredell County Board of Commissioners met in pre-agenda session on Tuesday, at 5:00 PM, in the Iredell County Government Center (South Wing Conference Room), 200 South Center Street, Statesville, NC. Board Members Present Chairman James B. Mallory III Vice Chairman Tommy Bowles Gene Houpe Jeff McNeely Board Member Absent Marvin Norman Staff present: County Manager Ron Smith, County Attorney Lisa Valdez, Deputy County Manager Beth Jones, Finance Director Susan Robertson, and Clerk to the Board Retha Gaither. CALL TO ORDER: Chairman James Mallory called the meeting to order. ADJUSTMENTS TO THE AGENDA: County Manager Ron Smith made the following adjustments to the agenda: Add: Closed Session Personnel G.S (a) (6) and Property Acquisition G.S (a) (5) PRESENTATIONS OF SPECIAL RECOGNITIONS & AWARDS (None) APPOINTMENTS BEFORE THE BOARD Health Director Jane Hinson will make a presentation at the 7:00 regular meeting. PUBLIC HEARING Conduct a public hearing in regard to a request from the Planning Staff for text amendments to the Land Development Code: Chairman Mallory asked the Board to pose questions to the Planning Director in the pre-agenda in preparation for the public hearing at 7:00. Also, in view of the absence of Commissioner Norman and the fact that the text amendment is relatively complex with many variables/issues, the public hearing will be used to gather facts and opinions for further review. The Board can make a decision and vote at the next meeting in three weeks. Planning Director Matthew Todd said there are two text amendments and the second one is needed for a citizen to move forward with a project. It would be beneficial if the Board could approve the amendment dealing with the educational component. Currently the code has a section for a Rural Commercial Education facility which is intended for educational type uses. An individual in North Iredell conducts training for dog trainers. He trains dogs and trains people to train dogs. However, the code does not address such an operation. This citizen is looking to expand and this text amendment gives an avenue to follow. It does not approve their plan of operation but 1

2 does give a starting point. The Planning Board recommended approval 8-0. No one has spoken in opposition. Chairman Mallory said it could be separated and the Board could vote on each one individually. Mallory asked if this new amendment would apply to Zootastic. Todd said Zootastic falls under another part of the code that is similar. They have an educational piece but falls under another section. Commissioner Houpe asked if the current codes separate the different types of quarries and if different set-backs could be applied to different types of quarries. Also, if an existing quarry is permitted and grandfathered under the existing land development code are they required to meet the new standards if they decide to expand? Houpe would like to know if mining operations can be separated from the set-backs changes. The main concerns are rock quarries with blasting and asphalt plants. Todd said the original proposal was grouping everything together with one set-back. The most recent version specifically breaks it down. It separates quarries with blasting from those with extraction. R-56 Mining/Quarrying is existing in the code today. If it is just an extraction area, they would have a 50-foot set-back from any property line. Under blasting and crushing of rock the words and other material will be removed. Blasting, crushing of rock and processing of stone and gravel will need to meet a 300-foot set-back. The term and other materials could open to interpretation and therefore it will be removed. Commissioner Houpe asked if an existing company began digging a new hole in clay, pit, or sand would they fall under the new text amendment or old guidelines. Todd answered that if the company stays within the area that is grandfathered they are good to continue under the old code. But if they want to add acreage to that site then they would have to meet the current code requirements. Commissioner Houpe asked Todd to explain, in detail at the 7:00 meeting, the different types of quarries. Vice Chairman Bowles said mining falls under a completely separate federal government entity that oversees them. County Attorney Lisa Valdez said the focus should be on activities versus type of quarry. Whether it is limestone, natural gas, etc., it is the activity that is the concern. Vice Chairman Bowles suggested Todd explain, at 7:00, the process that a company would have to go through if they were interested in such a venture. Chairman Mallory asked Todd to explain the processing of stone gravel and if it would be injurious to other property owners. Commissioner McNeely said that would fall under retail and not under mining/quarrying. Commissioner Houpe asked if rock quarries could be put into their own classification away from others that don t pertain to blasting. 2

3 Todd said it could be done but does not see the need. Blasting has 300-foot set-backs and no blasting has 50-foot set-backs. Also, the fencing from 6 to 8 feet is consistent, clean, and a clear measurement. Commissioner McNeely reminded the Board that staff is required to physically go out and enforce these codes. Commissioner Houpe said some companies that have been in business for a long time will be adversely affected. Todd said any new additions to the facility or sections would have to meet the code but they will not have to remove a standing 6-foot fence to install an 8-foot fence. Vice Chairman Bowles asked the importance of having similar set-backs to those required by municipalities. Todd said it is fairly typical to see different requirements. Chairman Mallory suggested that whatever decision is made by this board it should be communicated to all municipalities that have their own zoning. Commissioner Houpe stated that whatever the Board decides will be county-wide, that it is not site specific. Commissioner McNeely said the recommendation should always have minimums. Anytime something goes for a M2 zoning, which could be conditional use and/or get a special use permit from the Board of Adjustment, other things can be added, and distances can be increased based on the specific site. These recommendations are the minimums that would be required and in any situation more could be required or increased. Martin Marietta went to the 1,000-foot blast line to appease the neighbors. The blast line has not been addressed in these changes. McNeely feels a footage blast line needs to be included to an existing residence and be at least a 500-foot minimum. ADMINISTRATIVE MATTERS Request from the Finance Department for declaration and adoption of a resolution for authorization to dispose of surplus equipment from Solid Waste, ICATS, and the Sheriff s Department: Purchasing and Contracts Manager Dean Lail said Solid Waste has several trucks and heavy equipment that needs to be removed from the site. Much of the equipment does not work or parts can no longer be obtained. The request is to declare surplus and authorize Lail to sell on GovDeals. ICATS has two vans with high mileage that needs to be surplused. Funds will be returned to the respective enterprise funds. The Sheriff s Office has 100 ballistic vests that is no longer used for active service. Typically these are destroyed but Wilkes College would like to use them in training. The Sheriff s Office recommends the transfer to Wilkes College for a $1.00 sale according to the General Statutes. Along with the sales a resolution must be adopted by the Board and then posted in the newspaper. Chairman Mallory asked why/how a bullet proof vest becomes unserviceable. Lail said the material degrades over time, becomes less effective, and does not give the most protection to the officer. 3

4 Commissioner Houpe said it is also for liability purposes as well. Chairman Mallory asked if there could be an indigent circumstance where the Sheriff would need to quickly outfit additional personnel with a vest, expired or not, that would be beneficial in providing an additional level of protection. Fire Services/Emergency Management Director Kent Greene spoke up to report that the Domestic Preparedness Region Seven out of Charlotte has applied for grant money to purchase a trailer with ballistic vests and other body armor to be used throughout the eleven county region. Finance Director Susan Robertson said the federal government typically appropriates some money in which the Sheriff s Department can apply for to help buy vests, etc. Chairman Mallory asked if there was a method or place overseas that the vests could be sent to police and/or armed forces that currently don t have anything. He suggested to research for some type of return on the investment. Lail said the County has never entertained the idea of marketing the vests. It has always been a destroy attitude to prevent them falling into the wrong hands. Lail will research for future declarations. This item was placed on the consent agenda. * * * * * Resolution Authorizing the Disposition of Certain Surplus Vehicles and Personal Property WHEREAS, the County of Iredell has possession of an inventory of vehicles, heavy equipment and personal property as per the attached list that is surplus to its needs and desires to dispose of same, NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Iredell County that the County Purchasing & Contracts Manager, Dean Lail, pursuant to the provisions of N.C.G.S. 160A-270, is hereby authorized to dispose of said surplus property as per the attached list by on-line public auction at GovDeals.com, an online auction specializing in the disposal of public surplus property, and that the Purchasing & Contracts Manager is further authorized to schedule all online auctions to begin on or after January 31, 2017 and conduct and execute all actions and documents required to convey title to this property. This the 17 th Day of January, 2017 * * * * * Request from Fire Services and Emergency Management to allocate $41, from the fire tax district fund balance to purchase a countywide incident reporting/management software: Fire Services and Emergency Management Director Kent Greene said this request is for the implementation of a county-wide incident reporting system. It also allows the department to tract personnel, training, equipment, inspections, fire hydrants, and basic departmental operations. Mooresville and Statesville has already purchased their software. This will complete the system from a single reporting platform perspective which will allow continuous access to data and can 4

5 go straight to the State. Currently there are three reporting systems. The cost savings in the beginning will be very limited because they have already purchased reporting software and this will replace those programs. The on-going annual maintenance on this package will be less countywide than individually. This system will be in ECOM and all departments have agreed to use it. Robertson said there is a fund balance in the county-wide fire tax district in general operations and it is recommended to appropriate $41, with budget amendment #16. This item was placed on the consent agenda. BA#16 To appropriate Fund Balance for Emergency Reporting cloud-based software services including set up, training, annual maintenance and 1st yr. 1/17/2017 subscription fees. (Annual Recurring after Year 1 - $23,164) Account # Current Change Amended Appropriated Fund Balance (73,230) (41,235) (114,465) Contracted Services - Software - 41,235 41,235 Request from Fire Services and Emergency Management on behalf of Trinity VFD for approval to purchase adjacent land for a future new station: Fire Services and Emergency Management Director Kent Greene said this request is on behalf of Trinity VFD to move forward with the purchase of some property adjacent to the existing station for potential new construction. This is not a request for money. The VFD Board has met and agreed to spend their own fund balance to acquire this property. Commissioner Houpe clarified that the sale proceeds of the old department will roll back into the new facilities. Vice Chairman Bowles said they also agree that if they cease to exist the building and equipment will come back to Iredell County. Greene said at the conclusion of the note it becomes county property even if they continue to operate. Trinity will be similar to Cool Springs in function with fire, rescue and Sheriff Offices. This item was placed on the consent agenda. Request from Fire Services and Emergency Management on behalf of Cool Springs VFD to approve an additional retaining wall to prevent erosion: Fire Services and Emergency Management Director Kent Greene said this is a request to approve additional funding for a retaining wall at the rear of the building to prevent on-going erosion. Cool Springs has been cited by Iredell County Development Services Erosion Control because of excessive run-off of the top soil. Robertson said the budget amendment requested is to appropriate $68,530 from the general fund contingency. Cool Springs has already invested $69,000 for unforeseen needs. The engineer and architect have recommended this retaining wall. The County will repay just over $500,000 for sharing the facility and this will allow an equal participation in the additions that were necessary on that site. This item was placed on the consent agenda. BA#17 5

6 To appropriate General Fund Contingency to Cool Springs VFD for Additional 1/17/2017 Site Retaining Wall at new Cool Springs VFD Public Safety Complex. Account # Current Change Amended Contingency 245,147 (68,530) 176, Transfer to CWFTD - 68,530 68, Transfer from General Fund - (68,530) (68,530) Cool Springs VFD 478,100 68, ,630 Request from Tax Administration for approval of December refunds and releases: County Manager Ron Smith said everything was in order. This item was placed on the consent agenda. Releases for the month of December 2016 Monthly Total $ 39, Breakdown of Releases: County $ 27, Solid Waste Fees $ Statesville Solid Waste Fees $ Mooresville Solid Waste Fees $ - Davidson Solid Waste Fees $ - E. Alex. Co. Fire #1 $ - Shepherd's Fire #2 $ Mt. Mourne Fire #3 $ All County Fire #4 $ 2, B&F Fire #5 $ Statesville City $ 2, Statesville Downtown $ - Mooresville City $ 2, Mooresville Downtown $ - Mooresville School $ 1, Love Valley $ - Harmony $ - Troutman $ 2, Davidson $ - Refunds for the month of December 2016 Monthly Total $ Breakdown of Refunds: County $ Solid Waste Fees $ Statesville Solid Waste Fees $ - Mooresville Solid Waste Fees $ - Davidson Solid Waste Fees $ - E. Alex. Co. Fire #1 $ - Shepherd's Fire #2 $ - Mt. Mourne Fire #3 $ - All County Fire #4 $ B&F Fire #5 $ - Statesville City $ - Statesville Downtown $ - Mooresville City $ - Mooresville Downtown $ - Mooresville School $ - Love Valley $ - Harmony $ - Troutman $ - Davidson $ - 6

7 NC Vehicle Tax System Refunds December 2016 Breakdown of NCVTS Refunds: County $ (31.54) E. Alex. Co. Fire #1 $ - Shepherd's Fire #2 $ (2.10) Mt. Mourne Fire #3 $ - All County Fire #4 $ - B&F Fire #5 $ (2.09) Statesville City $ - Statesville Downtown $ - Mooresville City $ - Mooresville Downtown $ - Mooresville School $ - Love Valley $ - Harmony $ - Troutman $ - Davidson $ - Monthly Total $ (35.73) Request from Administration to review the Board s Rules of Procedure: Clerk to the Board Retha Gaither said things have changed and the Board does things a little differently since the last adoption. After some research and comparison to other counties there are a few changes. The largest change proposed is in the public comment period with some additional dos and don ts. The Boards and Committees section has some proposed changes with possibly making appointments just twice a year with all expiration dates on June 30 or December 31. Smith said all departments will be reviewed to ensure there are no unintended consequences with changing the expiration dates. This is just a proposal. However, the request is to appoint two Board members to review the Rules of Procedure more closely. Chairman Mallory said McNeely and Houpe are on the General Government Task Force and should be the ones to work with staff on this. This item was placed on consent to approve two commissioners working with staff to review the policy. Request from a Board member for the consideration to attend the 2017 Mooresville- South Iredell Chamber of Commerce Annual Luncheon: County Manager Ron Smith said the Statesville Chamber event is scheduled on the same night as a regular board meeting. The Mooresville Chamber event is a luncheon on January 24, Commissioner Houpe asked who could attend and if there would be enough to fill a table with invitations to legislative partners. Chairman Mallory suggested to just get individual tickets for this year and review it during the budget for next year. He also suggested the Statesville Chamber should be informed of regrets because of the scheduling conflict. This was placed on the consent agenda. 7

8 Request from the Clerk to the Board for approval of minutes from the meeting on January 3, 2017: There were no corrections to the minutes and they were placed on the consent agenda. ANNOUNCEMENTS OF VACANCIES ON BOARD AND COMMISSIONS County Manager Ron Smith reported he talked with Dr. Kenny Miller concerning a split from the Mooresville area for the Facilities Task Force. Miller did not feel it would be a problem to have a member from the area and a member from the area. Therefore, announcements for the Facilities Task Force will be 7 instead of 6. Chairman Mallory suggested that each Board member submit potential appointees to the Education Task Force. Smith said the original agreement between the Board of Commissioners and ISS was to appoint the Chairman and Vice Chairman to the Facilities Task Force. However, Chairman Mallory and Commissioner Norman were previously appointed during the organizational meeting. There wouldn t be a problem to designate other members if desired. Vice Chairman Bowles said he would like to receive a report from the Nursing Home Advisory Board. The Board recessed at 6:40 PM until the 7:00 PM regular meeting. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES The Iredell County Board of Commissioners met in regular session on Tuesday, January 17, 2017, at 7:00 PM, in the Iredell County Government Center (Commissioners Meeting Room), 200 South Center Street, Statesville, NC. Board Members Present Chairman James B. Mallory III Vice Chairman Tommy Bowles Gene Houpe Jeff McNeely Board Member Absent Marvin Norman Staff present: County Manager Ron Smith, County Attorney Lisa Valdez, Deputy County Manager Beth Jones, Finance Director Susan Robertson, and Clerk to the Board Retha Gaither. CALL TO ORDER by Chairman Mallory. INVOCATION: Chairman James Mallory asked everyone to bow their heads for a moment of silence. PLEDGE OF ALLEGIANCE led by Chairman Mallory. ADJUSTMENTS TO THE AGENDA 8

9 County Manager Ron Smith reported the following adjustments: Add: Closed Session Property Acquisition G.S (a) (5) and Personnel G.S (a) (6) Clarification: Announcements for Board and Committees Iredell Statesville Schools Facility Task changed from 6 to 7 announcements. MOTION by Vice Chairman Bowles to approve the adjusted agenda VOTING: Ayes 4; Nays 0 (Norman absent) PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS (None) APPOINTMENTS BEFORE THE BOARD Health Director Jane Hinson introduced Meagan Redford who is the Healthy Carolinians Coordinator. Redford presented and explained the most recent Community Health Assessment which is a study of the current health status of the community. The community health process is mandated by the North Carolina Division of Public Health and takes approximately one year to complete. (A copy of this report is on file at the Health Department.) PUBLIC HEARINGS Conduct a public hearing in regard to a request from the Planning staff for text amendments to the Land Development Code: Chairman Mallory said the public hearing is in regard to text amendments to the Land Development Code. The text amendments deal with two separate issues and therefore there will be separate votes by the Board. However, the decision on the text amendment concerning quarries will be continued until the next meeting on February 7. All comments heard during this public hearing will be considered. Planning Board Matthew Todd said a business owner in North Iredell asked to expand his business which is training dogs and training people to train dogs. The code has a section that deals with dog training but nothing concerning an educational facility for humans in the rural areas that s not a typical school setting. Staff has created the text amendment in rural/commercial/recreation facilities to include an educational component. These facilities would be allowed to have overnight guests. This is adding a component in the ordinance to give the client an opportunity to pursue, but it does not approve this particular use. There is another process in place for this citizen to be approved before the Board of Adjustment. There have been no phones calls or inquiries concerning this text amendment. Planning Board voted 8-0 to recommend approval. Chairman Mallory asked Todd to move on to the second portion of the text amendments since it was advertised as one public hearing. The vote will be divided at the end of the discussion. Todd said the second text amendment deals with rock quarries, ammunition, asphalt plants, and concrete facilities. A great deal of research went into the amendment. Other jurisdictions across the state were reviewed. Currently the code has asphalt and concrete plants grouped together and were allowed, by right, in an M2 zoning district with a set of requirements. They have now 9

10 been separated to be treated differently. Asphalt plants will still be allowed in an M2 zoning district but will require a special use permit. Concrete plants will be allowed by right without a special use permit. Several concrete plants in the county fall in the City s jurisdiction. Concrete plants don t seem to have much of a negative impact and complaints are minimum. Mining/quarrying requires a special use permit with a set of requirements in industrial zoning. Ammunition and small arms facilities are manufacturers and were already in the code with a 500-foot set-back from residential but the amendment further stipulates they must meet the state and federal requirements along with an eight-foot security fence around just the operational area. Asphalt and concrete plants are treated separately but have the same set-backs which is 200 feet from residential, 100 feet from commercial, and 50 feet from adjacent industrial zoned property. Also added was a 100 foot setback from any perennial stream. The security requirement was increased to an eight foot fence in height. Mining/quarrying operations had one set-back in place but there are different types with and without explosive aspects. To distinguish between the two, the first comment under set-backs states that the extraction area, pit, office buildings, and parking would only have a 50-foot setback. Office buildings and parking are industrial uses and there are other uses that are potentially the same with heavy equipment coming/going with a lower set-back. However, with it tied into mining/quarrying, staff felt 50-feet was appropriate. The extraction area and pit are left at 50-feet. Emphases has been placed on blasting, rock crushing, and processing. Those type of uses have a 300-foot set-back. Again, an addition was made for the 100-foot perennial stream set-back. The words or other materials under blasting is recommended to be removed to leave the emphases on blasting, crushing, and processing of stone and gravel. The fencing requirement was increased from six to eight feet. Any changes will not affect existing sites in the County. The legal grandfathered sites will be able to continue just as they are. However, a new expansion will involve the new requirements, but it depends on the exact nature of the expansion. Commissioner McNeely clarified that existing means operationally existing. Todd said that is correct and continued with showing maps of potential industrial site across the County. In actuality M2 zonings are very difficult and lengthy to obtain with many hurdles to overcome. Even if a M2 zoning was approved then it would go before the Board of Adjustment for a special use permit which means a site specific plan showing the pit, offices, parking, drive way, etc. Specific findings must be met and the burden of proof is on the applicant. Staff researched scenarios basing set-backs on structures and/or property lines. Basing on structures can be difficult. These industrial facilities take a long time to get up and going and if someone owns some adjacent acreage they could pull some permits and set up a single-wide mobile home on the property line which would block the request. Commissioner Houpe clarified that a text amendment affects the entire county not just site specific. He asked Todd to explain the different types of quarries. Todd said the emphasis is being placed on explosives. If there is an explosive component to a mining operation it will fall in the section that requires a 300-foot set-back. If there is no explosive component to the operation, then it s left with a 50-foot set-back which is what the current requirements are now. Commissioner Houpe asked to clarify how this would affect existing mining quarries. Todd said existing operations are fine but if they expand they would have to meet the code requirements. For those facilities that do not have blasting they would still have the 50-foot set- 10

11 back which did not change. The change is in the fence height and the set-back from the perennial stream. Commissioners Houpe asked if the various types of quarries could be separated to avoid negative impacts on existing businesses. Todd said that if any existing facility wanted to expand it would be important for them to be required to meet the new standards. Commissioner Houpe asked if the potential to damage watershed exist greater under R52 or R53 or R56 only in blasting. Are there un-necessary regulations restricting various types of quarries? Commissioner McNeely said the 100-foot set-back is needed on both sides of the stream. DENR will come in to help control water with any of the mining situations and this needs to be in the ordinance. Chairman Mallory clarified that the 100-foot set-back for perennial streams applies to nonblasting as well as blasting. Commissioner Houpe reiterated not to adversely impact existing businesses that bought a large tract with initial intentions of expanding. Todd explained a scenario that if someone owns a 100 acre tract with a 50 acre site that is grandfathered in then how would it be handled if they wanted to expand 20 more acres into the property already owned? It is possible it would fall into the non-conforming section that addresses expansions. It would actually come before the Board of Commissioners to approve and typically it would require a zoning special use permit but it falls in the code for a legal non-conforming and expansion. If it is on the same tract that they have been using, the non-conforming expansion would have to come before this Board. The Board could then review the facts of that particular case. Chairman Mallory feels that if an existing company is caught up in these additional requirements that there should be a way that the burden on the land and the benefit to the land owner balances, either through this Board or the Board of Adjustment. It is impossible to create a one size fits all in the codes. Vice Chairman Bowles feels the Board should recognize that if an industry locates in Iredell County and buys 100 acres for their outside operation then it should be recognized that they intend on using the entire property. Therefore, the Board should revisitsthe non-conforming component or build in some type of safe guard to allow them to use as much of that property as possible. The expansion of 20 acres to 40 within the 100 acre tract is it a whole new component or is it merely doing more of what they are already doing. Commissioner McNeely said if a creek is involved the company will have to submit an erosion control plan to address the creek. There are set-backs already in place in the codes. Having this set-back in this text amendment isn t really as restrictive as one may think. It s already in the code. If they are in a watershed it could be greater than 100 feet. Chairman Mallory said the opportunity for existing businesses to step up and be heard is now. This information is not secret. It has been advertised and citizens have a duty to speak up if they want consideration of their specific issues. 11

12 Chairman Mallory opened the public hearing. The following citizens spoke: Charles Carter (378 Mills Garden Road), Melissa Neader (634 Elmwood Road), Tammy Wilcox (140 Wilcox-Karriker), Ted Nellis (130 Rockin N Lane), Buddy Janin (121 Shell Head Lane), Maggie Shoebridge (546 Elmwood Road) sitting concerns with who would pay for damages caused by blasting, protection for all residents from heavy explosives, heavy pollution, the spread of cancer causing agents, protection for the farm land/resources, fear of flying rocks, should not be compared to other counties, larger set-backs for the streams, and concerns for livestock. Bedford Cannon and Sonny Rankin, on behalf of Statesville Brick, thanked staff for attempting to grapple with a situation that has been a stumbling block regarding mining, quarrying, and extraction. They do not do any blasting or mining. He suggested three categories under R56 mining, quarrying, and extraction. He also asked if consideration could be made with regards to security fencing, that it could be modified to say it is provided around the perimeters of existing and abandoned mining and quarrying operations rather than a clay extraction process. Doug Holland, member of the Planning Board, suggested the Board stay with the recommended set-backs. It is important for Iredell County to be in line with other counties. All of the resources being discussed are important to the economic development of the County. Chairman Mallory closed the public hearing. Commissioner Houpe asked how and when the changes in the codes would affect the existing business in Elmwood. Todd said any amendment will be in effect when it is approved. The Elmwood site has been shut down for a number of years and has long since lost its grandfather status. In order for it to reopen it would have to be rezoned M2, then the special use permit process plus proving it can meet all the requirements. Vice Chairman Bowles asked if there had ever been a change in zoning from Residential/Agriculture to M2. Todd said he does not know of such a case. However, to go from a RA to straight M2 will be very difficult. Staff would push for it to be conditional where the Board of Commissioners could weigh in on additional conditions for the site to be developed. Chairman Mallory said the 2030 Horizon Plan lays out an area down old Highway 70 as being potential for being industrial development and that includes a healthy portion of the property where the quarry is located. It does not include the quarry itself which was specifically excluded from that planning document. Not only would it have to be rezoned M2, it would have to show the intended deviation from the County Use Plan as consistent with the overall goals of that approved plan. Todd said that is correct. Commissioner McNeely reported on a recent visit to Martin Marietta. He learned about a blast line that should be taken into consideration for residential along with livestock housing. Blasting will affect livestock and their performance. The existing blast line for Martin Marietta is 1,000 feet at the Statesville Quarry. 12

13 MOTION by Jeff McNeely for an additional amendment to have a 500 foot blast line to any existing residential structure and 1,000 foot blast line to any existing agricultural livestock housing. Commissioner Houpe reiterated that the goal is to touch on the R52, R53, R56 and to hear comments from citizens. He suggested, if it is agreeable with the Board and Commissioner McNeely, to table/continue this vote to the next meeting in order to consider all factors brought forth. MOTION RESCINDED by Commissioner McNeely but feels those perimeters need to be examined and brought into the criteria. He also feels that something needs to be changed about extractors as it is entirely different. MOTION by Commissioner McNeely for Section Recreational, Educational & Institutional Uses add Rural Commercial Education and to approve the zoning text amendment and to make a finding that the approval is consistent with the adopted 2030 Horizon Plan and that said approval is reasonable and in the public interest and furthers the goals of the 2030 Horizon plan because it provides clarification and a permitting process for Rural Commercial Educational Facilities. VOTING: Ayes 4; Nays 0 (Norman absent) Chairman Mallory clarified that the motion by McNeely bifurcated the issues of the text amendments between the education component and R53, R56, and R52. MOTION by Commissioner Houpe to continue the proposed text amendments to R52, R53, and R56 to the next regular meeting on February 7. VOTING: Ayes 4; Nays 0 (Norman absent) ADMINISTRATIVE MATTERS County Manager Ron Smith summarized the following items for the consent agenda: Request from the Finance Department for declaration and adoption of a resolution for authorization to dispose of surplus equipment from Solid Waste, ICATS, and the Sheriff s Department. Request from Fire Services and Emergency Management to approve BA #16 to allocate $41,235 from the fire tax district fun balance to purchase a county-wide incident reporting/management software. Request from Fire Services and Emergency Management on behalf of Trinity VFD for approval to purchase adjacent land for a future new station. Request from Fire Services and Emergency Management on behalf of Cool Springs VFD to approve BA #17 in the amount of $68,530 for an additional retaining wall to prevent erosion at the construction site. Request from Tax Administration for approval of December refunds and releases. Request from Administration to review the Board s Rules of Procedures. Commissioner Houpe and Commissioner McNeely will assist staff in the process. 13

14 Request from a Board member for the consideration to attend the 2017 Mooresville South Iredell Chamber of Commerce Annual Luncheon. A count will be taken of interested members and tickets will be purchased. Request from the Clerk to approve the minutes from the meeting on January 3, MOTION by Vice Chairman Bowles to approve the consent agenda. VOTING: Ayes 4; Nays 0 (Norman absent) ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS Personnel Advisory Committee (1 Announcement) Iredell-Statesville Schools Facilities Task Force (7 Announcements 1 from Mooresville Graded School District; 1 for Mitchell Community College, 1 from North Iredell, 1 from the West/Troutman area, 1 from the Statesville/East area, 1 from the Fallstown/Lake Norman area, and 1 from the southeastern portions in the area). APPOINTMENTS TO BOARD AND COMMISSIONS Nursing Home Advisory (1 Appointment) MOTION by Vice Chairman Bowles to appoint Raphael Weeks to the Nursing Home Advisory Committee VOTING: Ayes 4; Nays 0 (Norman absent) Zoning Board of Adjustment (2 Appointments that were inadvertently missed in December) MOTION by Commissioner McNeely to reappoint Mac McCombs, Roy West and Bill Leach as alternate. VOTING: Ayes 4; Nays 0 (Norman absent) No one wished to speak. UNFINISHED BUSINESS (None) PUBLIC COMMENT PERIOD NEW BUSINESS Commissioner Jeff McNeely reported on his recent experience at the North Carolina Association of County Commissioners Legislative Conference. Legislative goals submitted by Iredell County concerned Health Department food truck fees, coordinating the public school calendar with the community college calendar, and more transparency with charter schools bookkeeping and records. One other item that was submitted concerned the unfunded mandate of decreasing the class size in grades K-3 to 19 students. That concern was echoed by several counties because of the lack of available teachers. Just in Iredell County, this potential ruling could cost an estimated $3 million and 60+ extra teachers. One of the four added amendments to the NCACC approved legislative goals was the issue with the school calendar and it will go forward to the State 14

15 legislators. McNeely said the session was very informative and he is willing to attend again when the opportunity arises. COUNTY MANAGER S REPORT County Manager Ron Smith presented the budget calendar for FY17/18. The Board s Winter Retreat is scheduled for February It is extremely important to receive detailed priorities and specific guidance from the Board to move forward on the budget. Budget requests are due to the Finance Department on February 21. March 9 will be the preliminary valuation estimate from Tax Administration with updates throughout the budget process. The school requests are also due on March 9 and discussions have already begun through the Education Task Force. May 2, the budget will be submitted to the Board with budget work sessions on May 4 and 16 with May 18 is reserved if needed. The public hearing and possible adoption is scheduled for June 6. Chairman Mallory suggested that departments with large on-going projects that take longer than one year provide an estimated planning horizon to proportion throughout the multiple years to completion. CLOSED SESSIONS Chairman Mallory recessed the Board into Closed Session at 9:20 PM for Property Acquisition G.S (a) (5) and Personnel G.S (a) (6). The Board returned to open session at 10:40 PM. ADJOURNMENT MOTION by Commissioner Jeff McNeely to adjourn at 10:42 PM. (The next meeting will be Tuesday, February 7, 2017, 7:00 PM, in the Commissioners Meeting Room, Pre-Agenda Discussion at 5:00 PM in the South Wing Conference Room, Government Center, 200 South Center Street, Statesville, NC) VOTING: Ayes 4; Nays 0 (Norman absent) Date Approved Retha C. Gaither, Clerk 15