Draft
March 6, 2003
The Alexander County Board of Commissioners held its regular meeting on Thursday, March 6, 2003 in the Department of Social Services Conference Room, Taylorsville, North Carolina. CALL TO ORDER Chairman Robertson called the meeting to order at 6:00 PM. INVOCATION AND PLEDGE OF ALLEGIANCE Rev. Ronald Vaughan, Pastor at New Salem Presbyterian Church, gave the invocation and Devin Mitchell, student at Stony Point Elementary School, led the Pledge of Allegiance to the Flag. Rev. Vaughan discussed the work being completed on the new day care facility at New Salem Presbyterian Church which would serve approximately 75 children ages 6 weeks to 5 years. Rev. Vaughan thanked the Board and staff for the help given during the construction of the new facility and expressed his gratitude for all that Alexander County does for the citizens. CHAIRMANS REPORT Chairman Robertson recognized Commissioner Bolick, Commissioner Hammer, and County Manager Rick French, who recently attended the NACo Conference held in Washington D.C., for comments during the Chairmans Report. Commissioner Bolick stated that he enjoyed the opportunity to meet with Congressman Burr to discuss water issues in Alexander County. Commissioner Bolick noted that Congressman Burr assured him, Commissioner Hammer, and Mr. French that there were grants available and he instructed his grant coordinator, J. Drew Elliot, to research to see what he could find in grants for Alexander County and keep Mr. French informed. Commissioner Bolick stated that Senator Doles representatives discussed NAPA and the concern with jobs in North Carolina. Commissioner Bolick recommended that the entire Board attend the conference next year and spend at least one day researching what was available for Alexander County. Commissioner Bolick conveyed his appreciation for the opportunity to go. Commissioner Hammer stated that the Board would sometimes be criticized for going to an out-of-state conference but he felt that the trip was money well spent for the chance of receiving more grants for the County. Commissioner Hammer felt that there were some good contacts made in Washington D.C. Rick French, County Manager, stated that the trip was very productive due to all of the contacts made, especially at the Congressional Breakfast held on Tuesday, March 4, 2003. Mr. French mentioned that the group met with Senator Edwards about water, saw Ted Kennedy, and also heard the First Lady, Laura Bush, give an impressive speech as well as the Secretary of Homeland Security. ADOPTION OF AGENDA Chairman Robertson asked for any amendments to the agenda. Commissioner Hammer requested the opportunity to bring the Board up to date on several NCDOT issues during Other Business. Commissioner Keever made a motion to adopt the agenda as amended. Commissioner Bolick seconded the motion. The Board voted unanimously in favor of the motion. CONSIDERATION OF NEW AMBULANCE Nolan Jarvis, EMS Director, presented the following information to the Board as requested at the February 3, 2003 Commissioners Meeting:
Commissioner Odom stated that he was aware of the advantages of the Type III ambulances because of the larger area to work and extra storage but he felt that the purchase of a smaller Type II van style ambulance would produce a meaningful savings (approximately $20,000) during the budget process. Commissioner Odom asked the Board to consider this suggestion in order to be responsible with the taxpayers money. Commissioner Odom felt that the Board should be extremely mindful of purchases during the upcoming budget process. Chairman Robertson agreed that the County was in a budget crunch and was trying to increase the Fund Balance but he mentioned the advantages of the larger Type III ambulances. However, Chairman Robertson asked if it would be advisable to table this issue until the Board had a better understanding of the budget outcome. Commissioner Keever stated that he felt that the Board needed to move forward with the purchase of a new ambulance immediately. Commissioner Keever stated that he was aware of uncertainty that the Board was facing with the budget but he felt that the Type II van style ambulance would not provide adequate space to provide proper care for more than one patient. Commissioner Keever also noted that it would take 60 to 90 days for the ambulance to be delivered which would be in the next budget year anyway. Commissioner Bolick asked Mr. Jarvis opinion of the Board tabling the purchase of a new ambulance until the Board began the budget process. Mr. Jarvis stated that it was his opinion that this ambulance should have been purchased in October 2002 to replace the oldest unit and keep mileage down on the current fleet. Commissioner Bolick felt that $8,000 to $10,000 for the trade-in was not much compared to the cost of $82,456 and he stated that he didnt understand how an additional 50,000 miles would make that much of a difference in the trade-in price. Commissioner Hammer stated that he was in favor of the Type III ambulance because the larger working area and increased storage space. Commissioner Hammer felt that the Type II van style ambulances would not allow adequate patient care if more than one patient were being transported. Commissioner Hammer suggested purchasing the Type III ambulance and possibly spending a little extra at a later date to refurbish the ambulance (replace ball joints, transmission, etc.) to get an additional 50,000 miles out of it before purchasing a new ambulance. Commissioner Keever made a motion to purchase the Type III AEV ambulance for $82,456. Commissioner Hammer seconded the motion. The Board voted 3 in favor of the motion (Commissioners Hammer, Keever, and Robertson) and 2 against the motion (Commissioners Bolick and Odom). Motion carried. PUBLIC HEARING: BETHLEHEM WATER DISTRICT REFUNDING BONDS Rick French, County Manager, introduced Jennifer Herman, Finance Officer, and Bob Jessup, Bond Council with Sanford Holshouser Law Firm. Ms. Herman explained that the Board needed to complete 4 steps in order to follow through with the refinancing of the Bethlehem Water District Refunding Bonds which included the following:
Ms. Herman informed the Board that refinancing this debt would save over $1,475,000 and she noted that the debt would be paid off in 2018 instead of 2030. Ms. Herman stated that the payments would remain about the same and she mentioned that there would be 2 payments made per year instead of one. Chairman Robertson called the public hearing to order and requested any public comment. There being no public comment, Commissioner Odom made a motion to close the public hearing. Commissioner Bolick seconded the motion. The Board voted unanimously in favor of the motion. Commissioner Keever made a motion to adopt the Bond Order Authorizing the Issuance of General Obligation Water Refunding Bonds of Bethlehem Water District in the Maximum Amount of $2,200,000. Commissioner Bolick seconded the motion. The Board voted unanimously in favor of the motion. Commissioner Odom made a motion to adopt the Resolution Regarding the Publication of the Bond Order. Commissioner Bolick seconded the motion. The Board voted unanimously in favor of the motion. Commissioner Hammer made a motion to adopt the Resolution for the Sale of $2,200,000 General Obligation Water Refunding Bonds. Commissioner Keever seconded the motion. The Board voted unanimously in favor of the motion. Commissioner Bolick noted that a lot of work had been done on this project by McGill Associates and Ms. Herman and he conveyed his appreciation to those involved for saving the County money. PUBLIC HEARING: REZONING CASE 03-1: ICARD, MORETZ, & PENNELL Sylvia Turnmire, Director of Planning & Development, presented Rezoning Case 03-1 submitted by Michael Icard, Wayne Clontz, Nathan Pennell, Ashlee Icard, and Latt Moretz requesting rezoning of 3 properties located on NC Highway 127 south of Telephone Exchange Road from RA-20 (Residential Agricultural) to H-C (Highway-Commercial). The size of the property area is 1.84 acres, 1.59 acres, and 2.33 acres and the current land uses include a manufactured home, a vacant building (former textile mill), and vacant land. Ms. Turnmire stated that zoning within 100 feet of the properties was RA-20 to the north and west and H-C to the south and east. There is vacant property to the north, south, and east and a church and single-family residential homes to the west. Ms. Turnmire stated that there was an existing singlewide manufactured home located on the property owned by Nathan Pennell and a vacant textile mill located on the property owned by Michael Icard. Ms. Turnmire stated that the applicants wished to rezone the property to allow for future retail use. The property is also served by a 12-inch water line. Ms. Turnmire discussed Section 154.170 of the Zoning Ordinance which states: "The purpose of the Urban Transition class is to provide for future intensive urban development on lands that are suitable and that will be provided with the necessary urban services to support intense urban development. Areas meeting the intent of Urban Transition classification are presently being developed for urban purposes or will be developed in the next five to ten years to accommodate anticipated urban growth." Ms. Turnmire stated that the Alexander County Land Development Plan showed these properties as being in an "Urban Transition Area" which was suitable for future intensive urban development. Ms. Turnmire informed the Board that the Planning & Zoning Commission met prior to this meeting to review this request and unanimously recommended approval of the request. Ms. Turnmire noted that staff received one call from an adjoining property owner who was interested in requesting rezoning of their property. Chairman Robertson called the public hearing to order and requested any public comment. There being no public comment, Commissioner Hammer made a motion to close the public hearing. Commissioner Bolick seconded the motion. The Board voted unanimously in favor of the motion. Commissioner Bolick made a motion to approve Rezoning Case 03-1. Commissioner Odom seconded the motion. The Board voted unanimously in favor of the motion. PUBLIC HEARING: TEXT AMENDMENT 03-1: THORNE Sylvia Turnmire, Director of Planning & Development, presented Text Amendment 03-1 submitted by Susan Thorne requesting an amendment to Section 154.006 of the Zoning Ordinance titled "Definitions." Ms. Thorne requested that the current definition of home occupations allowed in residential zoning districts be amended to include beauty shops and barber shops as a valid home occupation. Ms. Turnmire explained that barbershops were prohibited in the "Uses That Are Prohibited" section of the Zoning Ordinance, mainly to limit the contributing traffic associated with this type of establishment. Ms. Turnmire informed the Board that the Planning & Zoning Commission had met prior to this meeting to review this request and unanimously recommended approval to add the following to the "Home Occupation" section of the Zoning Ordinance: (m) Beauty salons/barber shops shall be limited to one (1) serve booth/chair. (n) Sale of products (i.e. hair care products) necessary to providing services are allowed. Ms. Turnmire also noted that staff had received one call from an individual who was interested in opening a beauty shop in her home and was requesting information. Ms. Turnmire briefly discussed the sale of products and she noted that the products could not be displayed for sale outside of the home. Commissioner Hammer and Commissioner Bolick expressed concerns with the one service booth/chair limit. Commissioner Bolick stated that it was his understanding that there was usually one styling chair, one shampooing chair, and one drying chair and he felt that this wording would possibly restrict the operator. Ms. Turnmire explained that limiting the number of chairs would keep traffic down as well as keep the operator from hiring additional stylists. Ms. Turnmire also noted that the operator was required to be a member of the household. Chairman Robertson called the public hearing to order and requested any public comment. Public Comment
There being no further comment, Commissioner Hammer made a motion to close the public hearing. Commissioner Keever seconded the motion. The Board voted unanimously in favor of the motion. Commissioner Keever made a motion to amend the wording of the proposed amendment labeled Section M to read that beauty salons/barber shops shall be limited to one operator instead of one service booth/chair. Commissioner Bolick seconded the motion. The Board voted unanimously in favor of the motion. Commissioner Odom discussed the wording under Section N where it states (i.e. hair care products). Commissioner Odom felt that the wording should be changed to read (i.e. beauty products) since most beauty shops provided make-up and nail care services. Ms. Turnmire explained that the portion of the Zoning Ordinance discussing products would apply to all home occupations, not just beauty and barber shops. Commissioner Keever made a motion to amend the wording of Section N to read that the sale of products related to the service provided are allowed instead of the sale of products (i.e. hair care products) necessary to providing services are allowed. Commissioner Hammer seconded the motion. The Board voted unanimously in favor of the motion. Chairman Robertson discussed the 12 vehicles per day restriction discussed under Section E and asked if that was too restrictive. Chairman Robertson felt that the number of cars should not be an issue as long as the shop had adequate parking and was not causing a traffic problem in the neighborhood. Ray Combs, Member of the Planning & Zoning Commission, pointed out that there was no way to know how many people would be coming to the shops in one vehicle and he felt that the restriction would be one way of controlling the amount of traffic coming in and out of the shops. Lloyd Jarvis, Planning & Zoning Commission Chairman, informed the Board that the Planning & Zoning Commission had decided that since there would be no police force actually counting the number of cars parked at beauty and barber shops on a regular basis, the parking issue would not cause a problem unless a complaint was received from a neighbor. Chairman Robertson agreed that the restriction enforcement would not be a big deal unless staff received a complaint. Commissioner Keever suggested leaving the restriction as it was written until such a complaint was received. There being no further discussion on this issue, Commissioner Keever made a motion to approve the amendments to the Zoning Ordinance as discussed. Commissioner Bolick seconded the motion. The Board voted unanimously in favor of the motion. PUBLIC HEARING: CONDITIONAL USE PERMIT 03-1: ESMERALDA EXPLORATION, INTL., INC. Sylvia Turnmire, Director of Planning & Development, presented a request for Conditional Use Permit 03-1 for approval of mining (dig-for-hire) operations and a museum. Ms. Turnmire informed the Board that she received a call on the afternoon of Wednesday, March 5, 2003 from Esmeralda Exploration International, Inc. requested that the application for the conditional use permit be withdrawn. However, Ms. Turnmire noted that Craig Rutledge, Property Owner, wished to continue the application. Ms. Turnmire stated that the property was located on Emerald Lane. The size of the property area is 11.14 acres and the current land use is vacant land. Ms. Turnmire stated that zoning within 100 feet of the property was RA-20 to north, south, east, and west. There is vacant property to the north, south, and east and a single-family site-built home, a camper (used as permanent dwelling), agricultural, and several abandoned buildings to the west. Ms. Turnmire stated that the applicant proposed to have a mining (dig-for-hire) operation and an educational museum. One building is proposed, the museum, at approximately 50,000 square feet. The portion of Emerald Lane that accesses this property is a dead-end gravel road. The pavement ends behind the secondary access for Hiddenite Elementary School. Ms. Turnmire noted that the applicant wished to have groups of primarily school age children to visit the museum and learn about mining, emeralds, and the local history. Ms. Turnmire stated that conditional uses were allowed in the RA-20 Zoning District with approval from the Board of County Commissioners. All of the uses of which the applicant applied are listed as conditional uses in the Zoning Ordinance. The Ordinance also requires the following for the proposed use:
Ms. Turnmire explained that the Board could place conditions on the request such as hours of operation for the museum and digging or landscaping/screening requirements from the adjoining neighbors and she noted that one issue to be considered was the use of a dead-end gravel road. Ms. Turnmire informed the Board that staff recommended approval of the conditional use permit along with the change of applicants. Ms. Turnmire stated that staff received 3 calls in regard to this request from the following individuals:
Commissioner Hammer inquired about the access to the property and he asked if the road leading to the property was wide enough for 2 lane traffic as far as emergency vehicles. Ms. Turnmire stated that she would look into the matter. Chairman Robertson called the public hearing to order and requested any public comment. Public Comment
There being no further public comment, Commissioner Hammer made a motion to close the public hearing. Commissioner Bolick seconded the motion. The Board voted unanimously in favor of the motion. Chairman Robertson stated that he did not have enough information on the requirements and safety of the proposed operation to make a decision and he suggested tabling this issue until more information could be reviewed. Commissioner Keever made a motion to table consideration of Conditional Use Permit 03-1 until the March 17, 2003 Commissioners Meeting. Commissioner Odom seconded the motion. The Board voted unanimously in favor of the motion. JOINT WORKSESSION OF MANUFACTURED HOUSING APPEARANCE CRITERIA AND MINIMUM HOUSING CODE Commissioner Keever stated that it had been brought to his attention that someone felt that he was being very critical when discussing the Manufactured Housing Appearance Criteria at the February 3, 2003 Commissioners Meeting. Commissioner Keever stated that it was not his intent to be critical and that he was only trying to learn and clarify certain issues that were being discussed. Commissioner Keever apologized for offending anyone that may have taken offense to his comments. Sylvia Turnmire, Director of Planning & Development, presented compiled and concise list of the requirements for manufactured homes on individual lots and in manufactured home parks as well as the proposed Minimum Housing Code requirements listed in each section of the code. Ms. Turnmire introduced Leeanne Whisnant, Health Director, who was present to answer any questions about Health Inspector authority and imminent health hazards. Ms. Turnmire also noted that she was able to find any information on fireproofing for ANSI and HUD homes. Chairman Robertson asked if the HUD label was required or optional in the manufactured home portion of the NC Building Code. Doug Kerley, Inspections Director, replied that the HUD label was required. Chairman Robertson discussed the transfer of ownership of a non-certified manufactured home and he asked if the unit could be sold without the HUD label. Ms. Turnmire replied that she had spoken with David Goins with DOI who informed her that it was legal to sell a manufactured home without the HUD label in North Carolina. Chairman Robertson suggested that the Board look into incorporating that issue into County policies. Lloyd Jarvis, Planning & Zoning Commission Chairman, noted that it should also be clarified whether it would be legal to move a manufactured home without the HUD label. Chairman Robertson assumed that if it were legal to sell the home it would also be legal to move the home. Chairman Robertson discussed possibly combining the Appearance Criteria with the Minimum Housing Standards. Chairman Robertson felt that mobile home owners were being discriminated against because there were no requirements for site-built homes. Commissioner Keever also felt that it was discriminatory to require certain things of manufactured homes and not site-built homes and he suggested a standardized code that would apply to all housing. Commissioner Keever, however, stated that he agreed on continuing to apply restrictions on manufactured homes entering the County from other counties. Eric Fritz, Member of the Planning & Zoning Commission, stated that the Planning & Zoning Commission recommended a standard code for all housing but he noted that the problem would be that some manufactured homes could not be inspected under the same guidelines as site-built homes. Mr. Fritz noted that the Board needed to determine how to separate the two yet avoid discrimination. Chairman Robertson discussed allowing owners of older manufactured homes to bring the wiring, etc. up to code. Don Harrington, Member of the Planning & Zoning Commission, stated that the Board would need to determine which code the manufactured homes could be brought up to date on. Mr. Harrington explained that the ANSI code allowed aluminum wiring which was not safe and would not meet the current NC Building Code. Chairman Robertson felt that the 1976 HUD regulations would be sufficient. Chairman Robertson also discussed rented units and felt that the Board should define some responsibility for the owners of rented units for the health and safety of the tenants. Ms. Turnmire explained that some cities in the Unifour enforced renters regulations which required every rental property owner to register the rental unit with the city. Ms. Turnmire stated that each unit was inspected by building code inspectors each time the unit changed occupancy. Ms. Turnmire informed the Board that one thing the Minimum Housing Code did propose to address that the Appearance Criteria currently did address was underpinning. Ms. Turnmire felt that the Board should address the underpinning issue. Commissioner Keever felt that the requirement for underpinning should be including in the Minimum Housing Code if it was already included in the Appearance Criteria. Commissioner Keever also noted that it would be much harder to heat a home without underpinning or a home built on stilts. Commissioner Keever asked Leeanne Whisnant, Health Director, if there needed to be something placed in the code to help strengthen the Health Departments authority to perform inspections. Ms. Whisnant replied that the law was very clear that the Health Department was allowed to interfere on imminent health hazard situations which was defined as "a situation that is likely to cause an immediate threat to human life, an immediate threat of serious physical injury, or immediate threat of serious adverse health affects, or serious risk of irreparable damage to the environment if no immediate action is taken." Ms. Whisnant stated that there were very few cases labeled as an imminent health hazard and she explained that those cases were more related to water contamination and septic tank issues. Ms. Whisnant thanked the Board for their support. Chairman Robertson felt that appearance of homes should be factored in as well. Commissioner Keever agreed and suggested requiring unsightly manufactured homes and parks to have a fence or a shrub and tree screen to hide the property from public view. Commissioner Keever suggested that the County provide funding in the budget to purchase trees for these unsightly homes. Ms. Turnmire stated that there was an amortization procedure that could be adopted as part of the Zoning Ordinance or separately that would outline specific uses that had to be brought up to a certain standard by a certain time. Ms. Turnmire stated that the Board could approve a certain amount of mandatory landscaping around manufactured homes and parks and she noted that staff would have to inventory the entire County to determine what homes and parks would be required to be brought up to standard. Commissioner Odom felt that the Boards primary concern should be to keep unsightly manufactured homes and those that do not meet the standards from coming into the County. Commissioner Odom stated that there had only been a handful of cases to be questioned since he had been on the Board and he felt that these would only decrease in time. Commissioner Odom also urged the Board to keep in mind that the majority of the citizens in the County did, in fact, reside in manufactured housing and he stated that he did not want to put more restrictions on those citizens. Chairman Robertson asked the Planning & Zoning Commission to take the issues discussed during this meeting and prior meetings to develop a draft Minimum Housing Code to cover all housing including manufactured homes as well as site-built homes. Chairman Robertson stated that the Board and the Planning & Zoning Commission could then work together to amend the code if needed. The Planning & Zoning Commission agreed to do so. Commissioner Keever discussed a separate issue concerning setbacks for citizens who wished to locate an agricultural facility, such as a dairy farm or chicken house, next to a residence. Lloyd Jarvis replied that bona fide farms were exempt from the Zoning Ordinance but he noted that he wasnt sure about setbacks for a new agricultural facility being built next to a residence. Commissioner Keever suggested that the Planning & Zoning Commission look into that matter. Coy Reese, Member of the Planning & Zoning Commission, stated that the Division of Water Quality dictated setbacks for dairy farms. Commissioner Odom felt that farmers already had enough regulations to comply with and did not need any more. Commissioner Odom mentioned that the farming population was decreasing rapidly and was interested in what other counties were doing in regard to this matter.
CHARLOTTE REGIONAL PARTNERSHIP Rick French, County Manager, stated that during the 2002-2003 budget preparation, the Board had agreed to pay the Charlotte Regional Partnership for a half year and then revisit the issue for further discussion. Mr. French felt that the Charlotte Regional Partnership had not been very effective for Alexander County due to the fact that the County is located on the outlining areas of the Partnership. Mr. French recommended that the County disassociate with the Charlotte Regional Partnership and contact surrounding counties to possibly work towards forming a new partnership. Chairman Robertson asked if Keith Hertzler, Chamber of Commerce Director, had given any feedback in regards to the disassociation with the Charlotte Regional Partnership. Mr. French replied that Mr. Hertzler, who attends the Charlotte Regional Partnership meetings regularly, had stated that he would like to see the County continue its membership but he understood the reasoning behind the recommendation to disassociate. Commissioner Keever made a motion to disassociate from the Charlotte Regional Partnership and to contact surrounding counties to possibly form a new partnership. Commissioner Hammer seconded the motion. The Board voted unanimously in favor of the motion. BUDGET ORDINANCE AMENDMENT #33 AND #34 Rick French, County Manager, discussed the purpose of Budget Amendments #33 and #34 which included the following information:
Commissioner Hammer made a motion to approve Budget Amendments #33 and #34. Commissioner Odom seconded the motion. The Board voted unanimously in favor of the motion. OTHER BUSINESS The following issues were discussed during Other Business:
Commissioner Keever made a motion to hold the Public Hearing/Meeting on March 24, 2003 at 6:00 PM in the Commissioners Room. Commissioner Bolick seconded the motion. The Board voted unanimously in favor of the motion.
Mr. French stated that the Governors budget also included reducing class size for second grade which, combined with the States rapidly increasing school enrollment population, puts more pressure on counties to build schools making the need to restore the $59 million even more critical. Mr. French also stated that the Governors budget repealed the hold harmless payment to local governments for revenues that were lost last fall when the State eliminated the reimbursements for repealed local taxes and allowed counties to replace that revenue with a half-cent sales tax.
CONSENT AGENDA
Commissioner Keever made a motion to approve the Consent Agenda. Commissioner Odom seconded the motion. The Board voted unanimously in favor of the motion. CLOSED SESSION N.C.G.S. 143-318.11(a)(5 & 6) CONTRACTUAL & PERSONNEL Commissioner Keever made a motion to enter into Closed Session at 8:21 PM to discuss contractual matters and personnel issues pursuant to N.C.G.S. 143-318.11(a)(5 & 6). Commissioner Odom seconded the motion. The Board voted unanimously in favor of the motion. ADJOURNMENT There being no further business, Commissioner Hammer made a motion to adjourn at 9:30 PM. Commissioner Odom seconded the motion. The Board voted unanimously in favor of the motion.
W. Darrell Robertson, Chairman Jamie C. Millsaps, Clerk to the Board |