Board Members Present Chairman Marvin Norman Vice Chairman Sara Haire Tice Steve Johnson Ken Robertson Godfrey Williams

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1 IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES MARCH 6, 2007 The Iredell County Board of Commissioners met in Regular Session on Tuesday, March 6, 2007, at 7:00 P.M., in the Iredell County Government Center (Commissioners Meeting Room), 200 South Center Street, Statesville, NC. Board Members Present Chairman Marvin Norman Vice Chairman Sara Haire Tice Steve Johnson Ken Robertson Godfrey Williams Staff present: County Manager Joel Mashburn, Deputy County Manager Susan Blumenstein, County Attorney Bill Pope, Acting Planning Director Steve Warren, and Clerk to the Board Jean Moore. approved: Addition: CALL TO ORDER by Chairman Norman INVOCATION by Commissioner Williams PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: The following agenda adjustment was Request to Agree in Principal with the Cooperative Efforts between the Shepherds Volunteer Fire Department and the Town of Mooresville Fire Department to Provide Additional Fire Protection in the Shepherds Fire District PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Retiree Josephine Jo Salisbury Recognized: Chairman Norman presented an appreciation plaque to Jo Salisbury for her 20 years of service at the social services department. PUBLIC HEARINGS Chairman Norman declared the meeting to be in a public hearing, and Attorney Pope administered the oaths to all persons desiring to speak regarding conditional use cases #0701-7; #0702-1; and # CASE NO : Request from Jennifer & Bobby Knox, Jr., to Amend the Iredell County Land Use Plan and Rezone Property from RA, Residential Agricultural to HB- CUD, Highway Business Conditional Use District: Acting Planning Director Steve Warren presented the following staff report for this case. CASE NO OWNER/APPLICANT: Jennifer & Bobby Knox, Jr. AGENT: Dick Brolin 364 Ingram Road Piedmont Design Associates Statesville, NC East Plaza Drive Ste 104 (704) Mooresville, NC (704) LOCATION: Located at 104, 105, 110, & 122 Brown Ridge Lane in Mooresville, NC; more specifically identified as PIN#s , , & Directions: Take Charlotte Highway north from Mooresville, turn right on to Brown Ridge Lane, property is on both sides of named private drive.

2 REQUESTED ACTION: Rezone subject parcels from RA, Residential Agricultural to HB-CUD, Highway Business Conditional Use and amend the Iredell Land Use Plan. Uses limited to office and retail uses along frontage and mini-warehouses to rear of property. Office and retail limited to 3,300 square feet. Mini-warehouses limited to 70,000 square feet. Site specific plan PROPOSED USE: Offices/retail and mini-warehouses. SIZE: 6.02 acres. EXISTING LAND USE: Residential. SURROUNDING LAND USE: Residential uses abut this site to the south and east, and a mixture of small commercial retail and residential uses to the north and across US 21 to the west. WATERSHED REGULATIONS: The subject parcel is located within the WSIV Protected Area. TRAFFIC: This section Charlotte Highway had an average of 11,000 vehicles per day in ZONING HISTORY: The subject parcels were zoned RA when countywide zoning took effect in A commercial node was identified in the Iredell County Land Use Plan that centers approximately on the intersection of Cornelius Road and Charlotte Highway. Two existing areas of Neighborhood Business zoning were applied when county-wide zoning occurred in One such area lies directly across from the applicant s property but falls outside the designated commercial node. The other such NB district follows the western side of Charlotte Highway just south of Cornelius Road to approximately Glory Road where a significant GB-CUD zoning was approved in Feb. of 2001 to accommodate the expansion of an existing business already established on that site. Other recent rezonings have occurred on the east side of Charlotte Highway at the intersection of either Laura Road or Cornelius Road for NB or HB-CUD, but all requests were within the designated commercial node as shown on the land use plan. STAFF COMMENTS: The Iredell County Land Use Plan identifies this area as suitable for residential uses; however, this site is adjacent to a commercial node identified in the land use plan. The Iredell County Land Use Plan will need to be amended for this proposed rezoning. The applicant has chosen the HB-CUD classification and to restrict the uses to those shown on the submitted concept plan. Applicant has also decided to limit the square footage of both the proposed office/retail building and the mini-warehouses. The depth of this property will result in the proposed uses intruding into a small but established neighborhood that otherwise would not be negatively affected by neighborhood commercial uses along Charlotte Highway. The Cornelius Road and Charlotte Highway intersection has traditionally served as a small scale and locally oriented business mixture with an exception being the long established Overcash Electric property. Although the applicant has revised the concept plan to avoid the Duke Energy right-of-way across the rear portion of the property and to address concerns of some adjacent property owners regarding run-off and aesthetics. Staff is still recommending against this request since it is not consistent with the Iredell County Land Use Plan and concern that the scale of this project is out of character for the area and will negatively impact adjacent residential uses, especially those dwellings on adjacent properties to the north and east. 2

3 PLANNING BOARD ACTION: On February 7, 2007 the Planning Board voted 10-0 to recommend approval for both the land use plan amendment and rezoning request. * * * * * No one else desired to speak, and Chairman Norman adjourned the public hearing. MOTION by Commissioner Tice to Amend the Iredell County Land Use Plan. MOTION by Commissioner Tice to approve the proposed zoning map amendment and to make a finding that approval was consistent with the adopted Iredell County Land Use Plan and that said approval is reasonable and in the public interest due to its consistency with the Iredell County Land Use Plan; as a result, said approval furthers the goals and objectives of the Iredell County Land Use Plan. Chairman Norman declared the meeting to be in a public hearing. CASE NO : A Request from North Point Resources LLC to Rezone Property from RA, Residential Agricultural to GB-CUD, General Business Conditional Use District: Acting Planning Director Steve Warren reviewed the following staff report for this case: CASE NO OWNER: North Point Resources, LLC APPLICANT: Brian Fletcher, Partner 124 Iron Gate Circle 124 Iron Gate Circle Mooresville, NC Mooresville, NC (704) (704) LOCATION: The property is located at 1084 Charlotte Highway, being in the southern quadrant of the interchange for I-77 and Charlotte Highway in Troutman, NC; more specifically identified as PIN#s Directions: Take Charlotte Highway south from Troutman; property on right approximately ¼ mile south of the existing truck stop. REQUESTED ACTION: Rezone subject parcel from RA, Residential Agricultural to GB-CUD, General Business Conditional Use District. All utilities must be underground. Apply RPO standards only for signage, outdoor lighting, and landscaping. PROPOSED USE: Any and all GB uses. SIZE: 1.0 acres. EXISTING LAND USE: Single Family Residential. SURROUNDING LAND USE: Residential uses are adjacent to north and south of site, vacant commercial land to west and a landscaping business directly across Charlotte Highway. WATERSHED REGULATIONS: The subject parcel is not located within a watershed area. TRAFFIC: This section of Charlotte Highway had an average of 11,00 vehicles per day in 2005; according to the 1993 Iredell County Thoroughfare Plan, this section of Charlotte Highway has a carrying capacity of 10,500 vehicles per day. ZONING HISTORY: The subject parcel was zoned RA when countywide zoning took effect in Several rezoning cases have been approved at this 3

4 interchange in anticipation of commercial development occurring as the Town of Troutman extends utilities into this area. All parcels adjacent to the requested site have been rezoned as Highway Business or General Business, with the most recent rezoning approved in August of 2006 for GB-CUD to allow for a wholesale and distribution facility and possible future office/retail development. STAFF COMMENTS: The Exit 42 Small Area Plan identifies this area as suitable for future interchange commercial development. The applicant has chosen the GB-CU District classification, which allows for a greater range of commercial uses and is similar to other nearby commercial properties. All adjacent parcels are zoned commercial and staff recommends in favor of this request since it is consistent with the Exit 42 Small Area Plan. PLANNING BOARD RECOMMENDATION: On February 7, 2007 the Planning Board voted 11-0 to recommend approval of this rezoning request. * * * * * No one else desired to speak, and Chairman Norman adjourned the hearing. MOTION by Commissioner Robertson to approve the proposed zoning map amendment and to make a finding that approval was consistent with the adopted Exit 42 Small Area Plan and that said approval is reasonable and in the public interest due to its consistency with the Exit 42 Small Area Plan; as a result, said approval furthers the goals and objectives of the Exit 42 Small Area Plan. Chairman Norman declared the meeting to be in a public hearing. CASE NO : Request from Perth Landscaping Supply LLC to amend the Iredell County Land Use Plan and Rezone Property from RA, Residential Agricultural to HB-CUD, Highway Business Conditional Use District: Acting Planning Director Steve Warren explained the following staff report for this case. CASE NO OWNER : Perth Landscaping Supply, LLC AGENT: Vic S Crouch 199 Waddell Road 138 Ravenwood Drive Mooresville, NC Statesville, NC (704) (704) LOCATION: 1453 Perth Road in Mooresville, NC; more specifically identified as PIN#s , , and Directions: From Troutman, South on Perth Road; property on left approximately ¼ mile past Fern Hill Road at Knotty Pine Lane intersection. REQUESTED ACTION AND CONDITIONS: 1) Amend the Iredell County Land-Use Plan; 2) Rezone subject parcels from RA, Residential Agricultural to HB-CUD, Highway Business Conditional-Use District with the following conditions: Uses limited to lawn & garden supplies and retail nursery; Receiving hours are from 8am to 6pm; Trucks 2 tons and up will use lower gate; PROPOSED USE: Garden Center/Nursery/Landscape Supply Business. SIZE: 4.07 acres. EXISTING LAND USE: Garden Center/Nursery/Landscape Supply Business. SURROUNDING LAND USE: Residential. WATERSHED REGULATIONS: The subject parcel is located within the WSIV Protected Area. 4

5 TRAFFIC: In 2004, Perth Road had an average of 8,200 vehicles per day. According to the Iredell County Thoroughfare Plan, Perth Road has a carrying capacity of 12,000 vehicles per day. ZONING HISTORY: The subject parcel has been zoned RA since countywide zoning took effect in In 2003, the property was permitted for a garden center/landscape supply business. This was a permitted use in the RA district at that time, as it fell under the Farm-Type Enterprise category of uses allowed within RA. In 2006 the zoning ordinance was amended to separate garden center/landscape supply businesses from the Farm-Type Enterprise category; as a matter of illustration, commercial landscape-supply was considered a more intense operation requiring commercial zoning as opposed to the typical roadside vegetable-stand operated by the rural homeowner. As a result of this amendment, the existing, permitted business became a legal non-conforming use. STAFF COMMENTS: Background: Perth Landscaping Supply was permitted in 2003 at the subject location. A site plan was submitted, updated, and then approved. The approved site-plan required driveway access from Perth Road only, with no access from Knotty Pine Lane. In early 2006 staff began receiving complaints from neighboring residents about truck usage of a driveway that was constructed onto Knotty Pine. Upon investigation, additional zoning violations were discovered relating to setback, signage, and watershed regulations. Staff contacted the applicant in March 2006 with a Notice-of-Violation directing the applicant to come into compliance. The owner initially applied for rezoning to Highway Business, Conditional Use that was presented to the Planning Board on June 7, The Board voted unanimously to recommend denial of the rezoning. The case was withdrawn from consideration prior to the public hearing held by the county commissioners at their July 18, 2006 meeting. Permit Status: The applicant is permitted to operate as shown on the approved site plan. However, an addition onto the rear of the permitted building was constructed without a building permit and in violation of the 80-foot setback. An 80 foot setback from property zoned residential is required for all Farm-type enterprise structures. All other violations have been corrected since the Board last reviewed the request. Request for Rezoning: Expansion of a Non-Conforming Use isn t a possible option for the applicant because the violations in question involve open uses of land (the Zoning Ordinance allows for Expansion of non-conforming structures only through Planning Board and Board of Commissioner approval). Section 4.3 deals with this issue by stipulating that non-conforming open uses of land may not be expanded. In this case the applicant s business has grown, and the business would therefore need the flexibility of a commercial zoning classification on the property. Staff Analysis & Recommendation: The applicant has requested rezoning to HB- Conditional Use District that restricts all HB uses except for garden centers/retail nursery/landscape supply businesses. While such conditions set forth a specific and known use of this property, the Land Use Plan does not identify any commercial areas nearby. Establishing a new zoning classification would likely be construed as an improper spot-zone in this context of surrounding residential zoning. It should be noted that, without rezoning, the applicant can come into compliance by scaling back the business to what the approved site-plan shows. The increase in the scope and intensity of the business, as well as the change in zoning classification, is not compatible for this area. Due to these factors, staff recommends against this request. 5

6 Planning Board Recommendation: On February 7, 2007 the Planning Board voted 11-0 to recommend denial for both the land use plan amendment and the rezoning request. * * * * * Warren said that if the request were approved, the accessory building would be in compliance with the building setback for an HB District. He said this would also take care of the nonconforming status of the original business and allow the applicant to expand on the roughly two acres, or half of the property, that couldn t be utilized at the present. Warren said if the request were denied, there would be an outstanding violation with respect to the accessory building and the staff would have to pursue this through code enforcement and legal channels. Commissioner Johnson clarified that the current violations were the accessory building and the dirt on the property s eastside towards the south. Warren said this was correct and the dirt could be spread out and used as fill. He said it was the dirt piling that caused compaction resulting in the watershed ordinance violation. He said the applicant had taken care of the mulch piles. Commissioner Johnson said that when the business was first located at the site, it was covered under the land use plan as agricultural. He said with the county s population increase, a greater demand for landscaping businesses occurred, and this was why a separate category was incorporated into the land use plan. Warren said this was correct but the question was whether or not a commercial district was appropriate for this location and the businesses size. Chairman Norman said he understood that when the permit was issued in 2003, everything was in order. Warren said it was allowed as a farm type use at that time. Patsy Bass (opposition) said she and her mother, Wilma Price, were against the request because (1) the business was causing severe erosion problems on their property (2) children had to use a bus stop near the site and large trucks entering and existing the property made the area unsafe (3) there was a wrecked vehicle on top of a concrete slab and (4) the owner had not moved the dirt mounds. Additionally, Bass said the business wasn t growing, and part of the time it was closed. Rodney Brown (advocate) said he was a landscaper and there was a need for a landscaping supply business in the area. He said the back portion of the property could be improved if the rezoning were approved. Junetta Dlugokecki (opposition) said she had safety concerns for the 11 children due to the large dump trucks at the property. She said the owner had clear-cut the property and there was exposed telephone cable. Dlugokecki said the owner had done nothing to bring the property into compliance. Vic Crouch (advocate) said he was the store manager and many property improvements had occurred. He said other than the accessory building, nothing was out of compliance. Commissioner Johnson asked what had been done to mitigate the erosion problem. Crouch said the Department of Environment and Natural Resources had suggested spreading mulch for ground covering. He said the water in the front ditch did not originate from the business. Johnson asked if any filling had been placed in the ditch. Crouch said no, it would be too dangerous, and it was also state property. 6

7 Grayson Odell Stamey, the property owner since the 1980s, said the only trees that had been cut were small pines. He said many improvements had been made, and prior to his ownership, the property had been a junkyard and tavern. David Turner (opposition) said he thought spot zoning would occur if the request were approved. He said the Department of Transportation should be contacted about whether or not the site was a suitable location for the business. Turner said there was a blind spot about a third way down from the Fern Hill Road, and school buses traveled into area as well as large trucks. Turner said another 300 homes would be near the site by the end of this year. Johnson asked Mr. Warren if the Department of Transportation had closed the access to the gate off Knotty Pine. Warren said the DOT had suggested that a better driveway entrance would be off Perth Road and not Knotty Pine, which was a small residential street. Johnson said another gate could be placed south of the main gate in front of the store. Warren said correct. Chairman Norman clarified that the Knotty Pine access was closed off now. Warren said this was correct, and there wasn t a culvert or a driveway coming across to Knotty Pine. No one else desired to speak, and Chairman Norman adjourned the hearing. MOTION by Commissioner Robertson to deny the proposed zoning map amendment and to make a finding that denial was consistent with the adopted Iredell County Land Use Plan and that said denial is reasonable and in the public interest due to its consistency with the Iredell County Land Use Plan; as a result, said denial furthers the goals and objectives of the Iredell County Land Use Plan VOTING: Ayes 3; Nays 2 (Johnson/Norman) Chairman Norman declared the meeting to be in a public hearing. Proposed Amendment to the Iredell County Zoning Ordinance, Article IX, Special Requirement Notes to the Table of Permitted Uses, SR6 (F) Class A Mobile Home on Individual Lot: Acting Planning Director Steve Warren said a zoning ordinance text amendment was needed due to Insurance Commissioner Jim Long s opinion that a section of Article IX was in violation of the NC Regulations for Manufactured Home. Warren said the planning board had approved the revision in an 11-0 vote. The section to be deleted is shown below (strike through). Article IX. Special Requirement Notes to the Table of Permitted Uses SR 6. (F) SR 6. Class A Mobile Home on Individual Lot F. All multi-sectional manufactured (mobile) homes shall have a continuous brick, stone, stucco or decorative block nonload-bearing skirting or underpinning. The foundation shall be constructed to the specifications of Volume VII of the NC Building Code for single family residential construction. MOTION by Commissioner Johnson to approve the proposed ordinance amendment and to make a finding that approval was consistent with the adopted Iredell County Land-Use Plan and that said approval is reasonable and in the public interest due to its consistency with the Iredell County Land-Use Plan; as a result, said approval furthers the goals and objectives of the Iredell County Land-Use Plan. 7

8 Request from the Estate of Mabel P. Mills for the Release of Zoning/Subdivision Jurisdiction of 2.9 Acres to the Town of Mooresville: Acting Planning Director Steve Warren reviewed the staff report for this request as follows: OWNER: Trustee of the Mabel P Mills Estate PO Box 99 Linden, MI LOCATION: 437 & 441 Sundown Road and 106, 108, and 111 J & M Lane, in Mooresville, NC, more specifically PIN#s & Directions: Williamson Road to Sundown Road, at J & M Lane. REQUESTED ACTION AND CONDITIONS: Release Zoning and Subdivision Jurisdiction to the Town of Mooresville. PROPOSED USE: The proposed use for the properties is residential development. SIZE: The proposed area to be rezoned is 2.09 acres. EXISTING ZONING: The property is currently zoned R-20 (Single-Family Residential). EXISTING LAND USE: Residential. SURROUNDING LAND USE: Residential. WATERSHED REGULATIONS: This property is located in the WSIV-CA Watershed. TRAFFIC: The traffic count for Sundown Road is 1,600 average daily trips. ZONING HISTORY: This property has been zoned R-20 since countywide zoning in STAFF COMMENTS: This request meets the criteria for a release of zoning and subdivision jurisdiction. The proposed use of the property for residential development is consistent with the current zoning and the future land use proposed in the Iredell County Land Use Plan. The property is to be split into four lots to satisfy the settlement of the Mabel P. Mills estate. Under the County s zoning ordinance, they would need 2.30 acres to meet the minimum lot size for four lots. They have 2.22 acres, which is only short by.08 acres. Splitting the two lots into four will still be in compliance with the watershed requirements of 2 dwellings per acre. Also, there are five existing nonconforming homes on the property. Therefore, creating four lots from the two existing lots should not create any additional traffic on Sundown Road. The property owners are not planning to annex into the Town of Mooresville. * * * * * Chairman Norman asked Attorney Pope about setting a precedent if the board approved the request. Pope said he didn t think so it was the board s prerogative to approve or deny. Commissioner Johnson said there were concerns about setting a precedent, and while this particular request was for a small parcel, someone in the future might have 100 acres. Johnson asked, assuming the board approved the request, if the motion could also instruct the staff to look favorable to recommendations of ETJ requests provided the lot size was not less than the county s current lot size of 20,000 sq. ft. Johnson said he didn t want to set a precedent, but he was inclined to approve the request because it would help the family settle an estate; plus it would not significantly impact the board s ability to control growth. He said it could be the board s policy that future requests would be granted as long as they did not reduce lot sizes less than 20,000 sq. ft. in the R-20 classification. Warren said this could be done. Commissioner Robertson said this case involved 2.9 acres, and if left in the county, it would have to be split into three lots and the family wanted four. He said the acreage missed the minimum lot size by 0.02 acres per lot, and he would be more favorable in seeking a way to let the property remain in the county versus granting it to another municipality. 8

9 Johnson said the current mechanism was the board of adjustment, but the request didn t meet the criteria. Commissioner Williams said he had concerns about setting a precedent even though the board s intentions were good. He said in the future, if different conditions were allowed on granting ETJ, then each applicant would start requesting special conditions. Williams said he preferred for the county to set the conditions rather than Mooresville. Warren said the staff could review the procedures to try and find some ideas to tighten the release of jurisdiction policy. He said the notification process approved at the February 20 meeting had already been implemented. MOTION by Commissioner Johnson to approve the release of zoning/subdivision jurisdiction of the 2.9 acres (Estate of Mabel P. Mills) to the Town of Mooresville and to instruct the staff to come up with a policy CONSENT AGENDA MOTION by Commissioner Tice to approve the following 11 consent agenda items. (All items were explained during the five o clock meeting.) 1. Request from J.Q. McKnight, Mabel Mayhew, and Lee C. Ashenfelter for the Release of Zoning/Subdivision Jurisdiction of Acres to the Town of Mooresville (Location: 1080, 1100 & 1114 Brawley School Road across from Stutts Road): Acting Planning Director Steve Warren said the proposed use for this property was a small shopping center to primarily serve the peninsula s residents. He said the rights of way for the road widening had already been sold to the state, and he shared the staff report as follows: Owners: JQ McKnight Mabel Mayhew Lee C. Ashenfelter 215 McCrary Rd PO Box th Street Mooresville, NC Mooresville, NC Manhattan Beach, CA LOCATION: 1080, 1100, & 1114 Brawley School Road, in Mooresville, NC, more specifically PIN# s , , & Directions: Brawley School Road, Across from Stutts Road REQUESTED ACTION AND CONDITIONS: Release Zoning and Subdivision Jurisdiction to the Town of Mooresville. PROPOSED USE: The proposed use for the properties is commercial development. SIZE: The proposed area to be rezoned is acres. EXISTING ZONING: The property is currently zoned Residential Agricultural. EXISTING LAND USE: Residential. SURROUNDING LAND USE: Vacant, commercial, and residential. WATERSHED REGULATIONS: This property is located in the WSIV-CA Watershed. TRAFFIC: The traffic count for this section of Brawley School Road is 12,000 average daily trips. ZONING HISTORY: This property has been zoned RA since countywide zoning in STAFF COMMENTS: This request does not meet the criteria for a release of zoning and subdivision jurisdiction. The proposed use of the property for commercial development will require water and sewer. On February 5, 2007, the Town of Mooresville agreed to the extension of water and sewer to these parcels and will consider the property for annexation in June of Although the proposed use for 9

10 this property complies with Mixed-Use Commercial and Mixed-Use Transitional future land use, as shown on the Brawley School Road Small Area Plan; the Plan was adopted prior to the traffic and safety issues discussed with the South Iredell Growth Study. The Plan also did not anticipate the possibility of a higher density commercial development at this location as would be possible through the Town of Mooresville having the property in its jurisdiction. (The County through its watershed regulations allows the low density option on only the Brawley School Road.) Although it may be inevitable the town may annex this property, it is clear to the staff this proposed commercial development is not appropriate to consider a favorable recommendation at this. * * * * * 2. Request from the Tax Collector for Permission to Change the Tax Lien Advertisement Date from March 14, 2007 to April 11, 2007: Tax Collector Bill Furches said that due to a programming error, there was a need to change the 2006 tax liens advertising date from March 14 to April Request for Approval of Budget Amendment #31 to Recognize the Balance of a Solid Waste Reduction Grant Approved in FY not Spent or Drawn Down from the NC Department of Environment & Natural Resources: Solid Waste Director David Lambert asked permission to draw down $12, for event-recycling containers. He said $11, would be refunded by the NC Dept. of Environment & Natural Resources, and the containers would be used by county offices, schools, and civic groups. 4. Request from Social Services for Approval of Budget Amendment 31A to Recognize Additional Funding Over the Original State Estimate: Social Services Director requested approval to receive additional funding for the following programs. To appropriate additional funding for the BA#31a DSS Crisis Intervention Program, Child Day Care & Domestic Violence Account # Current Change Amended General Fund Crisis Intervention Program Revenue (170,230) (166,935) (337,165) Day Care Child Program Revenue (4,640,160) (650,583) (5,290,743) Domestic Violence Revenue (9,740) (8,983) (18,723) Crisis Intervention Program Expense 170, , , Day Care Child Program Expense 4,640, ,583 5,290, Domestic Violence Expense 9,740 8,983 18, Request from the Board of Elections to Declare 14 Ivotronic Voting Machines Surplus, Plus all Peripheral Supplies, & to Enter Into a Private Negotiated Sale with Mecklenburg County for the Same: Deputy County Manager Susan Blumenstein said the board of elections had chosen to sell 14 voting machines that were only used at the one-stop voting sites and to replace them with M100 optical scan equipment. She said the Ivotronic equipment had been purchased with federal Help Amercans Voting Assistance grant funds, and Mecklenburg County was interested in purchasing them at a price of $48,467. The equipment is shown as follows: EQUIPMENT UNITS COST TOTAL Ivotronic 11 $2, $ ADA Ivotronic 3 $3, $9, Supervisor 2 $2, $4, Printer Pac 1 $ $ PEB Readers 1 $ $ Flash Cards 25 $48.00 $1, PEBs 20 $60.00 $1, Printer Pack Paper Rolls 41 $2.00 $82.00 Total $48,

11 6. Request from the Sheriff s Department for Approval of a Resolution Requesting that State Road 1854/Huie Road Remain Open for Public Use (entire roadway): County Manager Mashburn said Sheriff Redmond had sent a letter requesting assistance in preserving State Road 1854/Huie Road as a roadway, open in its entirety, for public use. He said bridge repairs were estimated at $100,000 while total replacement would cost $1.5 million. Mashburn said the Department of Transportation felt total replacement would soon be needed, and for this reason, the state was contemplating permanent road closure at each end of the bridge. He said Sheriff Redmond felt that closing the bridge in this manner would impede emergency response vehicles and cause delays in responding to emergencies. The approved resolution is as follows: RESOLUTION REQUESTING THAT STATE ROAD 1854 HUIE ROAD REMAIN OPEN FOR PUBLIC USE WHEREAS, State Road 1854 Huie Road, in the northern section of Iredell County, has been closed for bridge repairs during the past several months; and WHEREAS, State Road 1854 Huie Road is one of two connecting roads to Jennings Road and to Sloans Mill Road; and WHEREAS, State Road 1854 Huie Road has for many years provided an important transportation route for many Iredell County citizens; and WHEREAS, State Road 1854 Huie Road is a vital route for law enforcement and other emergency response agencies to use when situations necessitate the delivery of prompt and effective services. NOW, THEREFORE, BE IT RESOLVED by the County of Iredell as follows: 1. The Iredell County Commissioners respectfully request that repairs be made to the Huie Road bridge and for the roadway to be reopened in its entirety to provide an important ingress and egress route for Iredell County residents along with all emergency response vehicles. 2. That a copy of this resolution be mailed to the North Carolina Department of Transportation and to any other agencies that might assist with this important request. * * * * * Note: On September 20, 2005, the State Department of Transportation requested approval of the Secondary Road Construction Program, and $688,000 was included for SR 1854 road paving. The DOT has advised that the paving has not been completed, but it is scheduled for this summer. 7. Request from the Health Department for Approval of New Dental Codes for the Fee Schedule: Health Director Donna Campbell requested approval to add a $35 fee for dental bitewings three films, CDT Code D2073; and a $ fee for topical fluoride varnish, therapeutic for mod/high caries risk patients, CDT Code D1206 to the existing fee schedule. 8. Request from the Health Department for Approval of a Budget Amendment in Conjunction with Permission to Apply for & Accept $18,036 in Southern Piedmont Partnership Incubator Funding: Health Director Donna Campbell said upon approval by the board of health, the department applied for the following projects with the understanding that all actions were contingent upon the commissioners approval. Project 1 - Renovation of the Mooresville Health Department Eligibility Working Space & Equipment to improve efficiency of eligibility process. Cost $3, Project 2 - With the growing need for local health department staff to have access to HAN alerts and critical accessible 24/7/365, the ICHD is proposing to purchase a PDA phone and funding of data service through The Health Director would pilot the use of the PDA phone and data service to determine effectiveness of this technology and if found successful the purchase of additional PDA units would be incorporated in the regular ICHD 07 /08 budget. Cost PDA phone/accessories $315.00, Monthly data charge $ Total required: $435 Project 3 Specialized grant training for larger foundation grants. Registration and travel costs $ Project 4 Mileage for staff to attend Incubator trainings and meetings. $ Project 5 Project management software, hardware and related training to facilitate project and grant management Software Needs: Microsoft Windows 2003 server, Microsoft Project Professional 2007, Microsoft Project Server 2007 & CALS, Microsoft SQL 2000 & CALS, Microsoft Share Point Server 2007 & CALS Software Hardware Needs: HP DL380 server with dual processors Total: $12,

12 9. Request from the Health Department for Approval to Apply for Grants from Kate B. Reynolds, the Lowes Hometown Grant, Sisters of Mercy & to Accept $1500 from the three hospitals along with Approval to Use up to $100,000 of Medicaid Maximization Funds for the Dental Clinic Expansion and to use up to $10,000 from the $100,000 (Medicaid Max Funds) for Engineering Services (review/consultation regarding dental clinic plans and site): Health Director Campbell requested permission to apply for the referenced grants and to use the Medicaid Max funds as presented. She mentioned that since submission of the agenda item, notification had been received that Lowes had declined the funding request; however, an invitation was extended to re-apply in May. She said the project would be scaled back if there were insufficient funds, and the main emphasis was to complete the basic area. Campbell said dental services were needed, and over 600 people were on a waiting list. 10. Request for Approval of the February 20, 2007 Minutes 11. Request to Agree in Principal or Theory with the Cooperative Efforts between the Shepherds Volunteer Fire Department and the Town of Mooresville Fire Department to Provide Additional Fire Protection in the Shepherds Fire District: Mooresville Fire Chief Wes Greene and Shepherds VFD Chief Kelly Robinson presented a joint operations agreement approved by the Town on March 5. Greene said the agreement would allow the Town s firemen to respond to fires in Shepherds entire district and allow the VFD s firemen to provide fire protection in the municipality. He said the two departments would share personnel and the Shepherds building. Some specifics of the agreement are as follows: Shepherds to pay the Town $200,000 per year with an initial payment due by August 31, 2007 of $83,334 followed by biannual payments of $100,000 on or before January 31 and July 31 of each year. (This is contingent upon a fire tax increase to pay the $200,000.) Should Mooresville annex into Shepherds district, a percentage will be deducted from the annual payment. Shepherd agrees to provide space to house one Mooresville fire unit (four personnel) 24/7/365. Chief Robinson said the Shepherds building was actually built to accommodate two departments, and the agreement would actually offset VFD costs. He said Shepherds insurance rating would affect the Town s score, and a strong emphasis would be in achieving a good rate. Robinson said a tax increase would be needed, and a one-cent increase would bring in an extra $86,000 a year while a two-cent increase would be around $200,000. APPOINTMENTS TO BOARDS & COMMISSIONS Board of Health (1 appointment): Commissioner Robertson nominated Dr. Ben Bowen for a reappointment. MOTION by Chairman Norman to close the nominations and appoint Dr. Bowen by acclamation. Adult Care Home Community Advisory Committee (5 appointments): No nominations were submitted, and Commissioner Tice made a motion to postpone the five appointments until the March 20 meeting. Nursing Home Advisory Committee (1 appointment): No nominations were submitted, and Commissioner Johnson made a motion to postpone the appointment until the March 20 meeting. 12

13 COUNTY MANAGER S REPORT: County Manager Mashburn said the Commissioners Meeting Room had new lighting; plus other improvements, and the public would be able to access the board meetings in real time starting March 20 through the county s web site. CLOSED SESSION: MOTION by Chairman Norman at 8:20 PM., to enter into closed session pursuant to G.S (a) (4) Economic Development. (RETURN TO OPEN SESSION AT 9:04 P.M.) CALL FOR A PUBLIC HEARING REGARDING AN ECONOMIC DEVELOPMENT INCENTIVE: MOTION by Commissioner Johnson to call for a public hearing on March 20, 2007 at 7 PM regarding a $55,800 economic development incentive, over five years, for the Rpm Company, based on a $3 million investment. ADJOURNMENT: MOTION by Chairman Norman to adjourn the meeting at 9:05 PM. (NEXT MEETING: Tuesday, March 20, 2007, at 5 and 7 PM in the Iredell County Government Center, 200 South Center Street, Statesville, NC.) Approved: Clerk to the Board 13