Draft

May 5, 2003

The Alexander County Board of Commissioners held its regular meeting on Monday, May 5, 2003 in the Catawba Valley Community College / Alexander Center Multipurpose Room, Taylorsville, North Carolina.

Chairman Robertson called the meeting to order at 6:00 PM.

Rev. Marcus Benfield, Pastor at Northside Baptist Church, gave the invocation and Stephanie Howard, student at Bethlehem Elementary School, led the Pledge of Allegiance to the Flag.

Commissioner Hammer made a motion to adopt the agenda as presented. Commissioner Keever seconded the motion. The Board voted unanimously in favor of the motion.

Chairman Robertson called the public hearing to order. Being sworn testimony, Jamie Millsaps, Clerk to the Board, administered an oath to Sylvia Turnmire, Director of Planning & Development.

Ms. Turnmire presented Conditional Use Permit 03-2 for approval of the operation of a sawmill/mulch grinder. The applicants are Carolina Rainmakers & Landscaping, LLC as well as the owners Jeff Elder, Donna Little, and Sharon Reitzel.

Ms. Turnmire stated that the property was located at 335 Heritage Farm Road, tax map number B11b lots 33 and 126. The size of the property area is 3.93 acres (B11b-33) and 1.07 acres (B11b-126) and the existing land use includes residential structures and the current landscaping business. Ms. Turnmire stated that the existing zoning was RA-20 (Residential-Agricultural). The zoning within 100 feet of the property is RA-20 to the north, south, east, and west. There is vacant property to the north and west and single-family site-built homes to the south and east.

Ms. Turnmire stated that the applicants had requested approval of the conditional use permit for the operation of a sawmill/mulch grinder on the subject property and she noted that there were no structures proposed at this time. The applicants propose to relocate equipment, build a berm, and plant a landscaping buffer.

Ms. Turnmire stated that conditional uses were allowed in the RA-20 Zoning District with approval from the Board of Commissioners. Ms. Turnmire noted that the Zoning Ordinance also required the following for the proposed use:

Ms. Turnmire stated that the Board of Commissioners could place conditions on the request such as hours of operation for the mulch grinder, location of equipment, etc. Ms. Turnmire noted that the applicants and adjoining property owners had submitted a list of conditions for the proposed conditional use permit as Exhibit A of the application (which is hereby made apart of these minutes). Ms. Turnmire stated that the County Attorney had reviewed the application and the proposed conditions.

Ms. Turnmire requested the following conditions to be placed upon the permit if the Board chose to approve the conditional use permit:

1. The permit is conditionally approved for the use of a sawmill, more specifically, to only include the grinding of mulch and necessary equipment, one mulch grinder, to perform such tasks.
2. The mulch grinder shall only operate 3 days a week, during the days of Monday through Thursday, and between the hours of 10:00 AM and 4:00 PM.
3. The applicants will construct a landscape buffer along the eastern boundary line that equals or exceeds the standards of the Zoning Ordinance, specifically Sections 154.006(B), 154.039(A), (B), and (D). The eastern boundary line is more specifically defined as the property owned by Donna Little, recognized by the Alexander County Tax Office as Tax ID # B11b-126, and recorded with the Alexander County Register of Deeds Office in Deed Book 327 Pages 023 and 024. The landscape buffer shall begin at a point running 200 feet along the eastern property line (intersection of property lines of Donna Little and Dale Moretz (B11b-103)) and shall continue 383 feet to the northeastern most point of the line, shared by Donna Little and Catherine Perkins (B11b-104). The landscape boundary will be constructed on a berm for erosion control and will be planted with Leyland Cyprus.
4. Until the landscape buffer reaches a height of 10 feet, the applicants will relocate the existing mulch grinder onto the property identified as B11b-33. After the buffer reaches a height of 10 feet, the applicants may relocate the grinder to any location as long as it is no closer than 100 feet to the eastern boundary of the property identified as B11b-126 or no closer than 100 feet to the western boundary of the property identified as B11b-33.
5. Any signs announcing the business of Carolina Rainmakers & Landscaping, LLC on the subject property shall conform to the requirements of the Zoning Ordinance, specifically Section 154.115 through 154.132. In addition, the off-premise sign located at the intersection of NC Highway 127 and Heritage Farm Road shall be removed.

Commissioner Keever asked if staff had received any objections to the requested conditional use permit from adjoining property owners. Ms. Turnmire stated that staff had posted signs on the subject property, advertised the request in The Taylorsville Times, and sent letters to all adjoining property owners and had not received any phone calls in favor or opposition of the request.

Commissioner Bolick expressed his concerns with the sawmill/mulch grinder in regards to the Alexander County Nuisance (Noise) Ordinance. Commissioner Bolick asked if staff had taken into consideration the noise from the mulch grinder. Ms. Turnmire stated that the sawmill/mulch grinder would be required to be in compliance with the Nuisance Ordinance enforced by the Sheriff’s Department.

Chairman Robertson stated that the Leyland Cyprus, at 10 feet growth and double planted, would constitute as a noise and visual screen. Ms. Turnmire agreed.

Chairman Robertson requested any public comment.

Being sworn testimony, Jamie Millsaps, Clerk to the Board, administered an oath to Terry Taylor, Attorney with Tate, Young, Morphis, Bach, and Taylor in Hickory, NC.

Terry Taylor spoke on behalf of Jeff Elder, Donna Little and Sharon Reitzel and Carolina Rainmakers & Landscaping, LLC. Ms. Taylor publicly thanked the 27 citizens that spoke in favor of Mr. Elder and his family at the Planning & Zoning Commission Meeting. Ms. Taylor felt everyone should be supportive of businesses that were the backbone of our economy and provided a stable tax base, especially at a time when the economy in the Unifour was not at its best.

Ms. Taylor stated that the sawmill/mulch grinder was a valid and legal nonconforming landscaping business that had been in operation since the 1970s. Ms. Taylor explained that she and the applicants had requested the Planning & Zoning Commission to postpone their consideration of the "mulch grinder operation" in order to request the conditional use permit from the Board of Commissioners. Ms. Taylor stated that the adjoining property owners had been contacted and had agreed to the conditions that were included in the application as Exhibit A.

Chairman Robertson found that Ms. Turnmire’s recommended conditions relating to signs were not included in the conditions found in Exhibit A. Ms. Taylor stated that nothing had been discussed at the Planning & Zoning Commission Meeting in regard to conditions to be placed on the signs. Ms. Taylor also noted that she counted 17 off-premise signs along Highway 127 this evening on her way to this meeting. Ms. Taylor felt that it was unfair to ask one business to remove an off-premise sign if all businesses were not asked to do the same. Ms. Taylor also mentioned that Carolina Rainmakers & Landscaping, LLC had the permission of the property owner to place the off-premise sign at its current location at the intersection of Highway 127 and Heritage Farm Road.

There being no further public comment, Commissioner Keever made a motion to close the public hearing. Commissioner Hammer seconded the motion. The Board voted unanimously in favor of the motion.

Commissioner Bolick discussed the issue of the off-premise sign and he stated that he did not have a problem with allowing the sign to remain at its current location if it met the standards of the Zoning Ordinance. Ms. Turnmire stated that the sign met the size requirement; however, she explained that the Zoning Ordinance stated that an off-premise sign must be placed in a commercially zoned area. Ms. Turnmire stated that the intersection of Highway 127 and Heritage Farm Road was zoned RA-20.

Commissioner Bolick made a motion to approve Conditional Use Permit 03-2 as presented while keeping in mind the provisions of the Alexander County Nuisance Ordinance. Commissioner Keever seconded the motion. The Board voted unanimously in favor of the motion.

Sylvia Turnmire, Director of Planning & Development, presented a list of Environmental Management Commission Members, their qualifications, and the subcommittees each member is appointed to. Ms. Turnmire stated that there was a total of 19 members, 13 of which were appointed by the Governor, 3 appointed by the Senate Pro Tempore, and 3 appointed by the Speaker of the House.

Ms. Turnmire informed the Board that a public hearing was held in Hickory on April 14, 2003 at Catawba Valley Community College. Alan Clark, NCDENR Staff, presented the staff report and the proposed changes and then several interested parties spoke, including Commissioner Hammer.

Ms. Turnmire felt that, in reviewing the proposed permanent rules and after speaking with Alan Clark, the following questions needed to be answered and the issues listed needed to be reviewed and revised by NCDENR/EMC before the permanent rules were adopted:

1. The temporary rules end September 2003 and the permanent rules are not to take effect until August 1, 2004, so what rules will be in place during the one-year lapse?
2. Who initiated the changes, where were the additions/deletions taken from, and why was the Stakeholder Committee not contacted to review the proposed changes? Ms. Turnmire stated that Alan Clark had informed her that many of the changes had been taken from the Neuse River rules, which would not be fitting for the Catawba River.
3. What will the turn-around time be for the "Authorization Certificate?" This will significantly impact the local permitting process. Ms. Turnmire stated that she had also been informed that it would take up 60 days to receive an authorization certificate. Ms. Turnmire also stated that this certificate would be required for any addition that would fall within the buffer area whether is was a storage building in the back yard or a 2 square foot addition to a home.
4. In the temporary rules, subdivisions recorded prior to the adoption were grandfathered-in. However, Section 3(a)(iii) was added and it states that when an existing use is converted to another use it must comply with the rule. This is written to where previously grandfathered subdivisions are no longer exempted. Ms. Turnmire stated that this would include vacant lots in subdivisions as well.
5. If "Water Dependent Structures" such as piers and boat docks are constructed to where it disturbs the buffer area, approval will be required from the state. This also includes any type of recreational park including Dusty Ridge Park. Ms. Turnmire noted that this would also take up to 60 days for approval.
6. Also, as a part of the Rule, all subdivision proposals with development along the lakes or the river will be reviewed by NCDENR. This will also significantly impact the local review and approval process. Ms. Turnmire stated that this would affect developers constructing streets or placing public utilities in subdivisions, even if located outside the buffer zone. Ms. Turnmire noted that this would also take up to 60 days for approval.

Ms. Turnmire stated that she had drafted a letter to Alan Clark discussing these items and the overall proposed permanent rules. Ms. Turnmire stated that all written comments were due by May 9, 2003.

Ms. Turnmire briefly discussed the public hearing that was held on May 14, 2003 at CVCC. Ms. Turnmire stated that several individuals asked questions which were not responded to. Commissioner Hammer agreed and stated that there was no response given to any questions or comments made by anyone.

Commissioner Keever asked if the legislature approved the buffer rules. Ms. Turnmire replied that the legislature had no authority over the buffer rules and she noted that the EMC would approve the rules.

Commissioner Hammer expressed his concern with the fact that the NCDENR would have jurisdiction beyond the 50 foot buffer area. Commissioner Keever felt that this issue needed to be addressed in the letter to Alan Clark.

Chairman Robertson mentioned that when this process began, the Mountain Stream Buffer Technical Advisory Committee had made a recommendation to the Stakeholder Committee for a buffer ranging from 15 to 35 feet for the Catawba River. The recommendation was based on conditions related to water temperature, sediment, and organic debris. Chairman Robertson stated that despite the recommendation, the Division of Water Quality staff recommended a 50-foot buffer, which was entered into the temporary rules. Chairman Robertson felt that this issue needed to be addressed in the letter to Alan Clark as well.

Commissioner Bolick asked Ms. Turnmire if there would be any benefit in contacting local representatives with these concerns. Ms. Turnmire replied that the only action that could possibly be taken by legislation would be a change of appointment to the committees during the next cycle.

Commissioner Keever suggested sending a letter to Governor Easley expressing the fact that the proposed rules exceed the original scope and requesting that the buffer zone be minimized. Commissioner Keever suggested the letter be copied to local representatives and surrounding counties.

Commissioner Keever made a motion to send the discussed letter to Governor Easley. Commissioner Bolick seconded the motion. The Board voted unanimously in favor of the motion.

SCHEDULE JOINT WORK SESSION WITH PLANNING BOARD

Rick French, County Manager, suggested that the Board delay scheduling a joint work session with the Planning & Zoning Commission until the budget process was completed. Mr. French stated that staff would be very busy during the budget process and he noted that Commissioner Keever would also be out of town in June.

Chairman Robertson suggested that the Board plan to schedule a date for the joint work session at the June 2, 2003 Commissioners’ Meeting. The Board agreed.

Rick French, County Manager, suggested that the Board schedule a budget work session for May 21, 2003 and hold the public hearing for the 2003-2004 Alexander County Budget at the June 2, 2003 Commissioners’ Meeting. Mr. French also noted that there would be a very light agenda for the May 19, 2003 Commissioners’ Meeting which could allow the Board to discuss the budget at that time as well. Mr. French stated that he would have all budget requests and accompanying information to the Board before the May 19^th Meeting.

After discussion of schedules, Chairman Robertson suggested holding a budget work session on May 19, 2003 at 6:00 PM at CVCC, a budget work session on May 27, 2003 at 6:00 PM at CVCC if needed, and the public hearing on June 2, 2003 at 6:00 PM at CVCC.

Commissioner Keever made a motion to approve the schedule as presented by Chairman Robertson. Commissioner Bolick seconded the motion. The Board voted unanimously in favor of the motion.

BUDGET ORDINANCE AMENDMENTS #46 AND #47

Rick French, County Manager, discussed the purpose of Budget Amendments #46 and #47 that included the following information:

1. Budget Amendment #46 – To budget for interest earned on Urgent Repair Grant funds.
2. Budget Amendment #47 – To increase the budget for departmental supplies for the EMS Department.

Commissioner Keever made a motion to approve Budget Amendments #46 and #47. Commissioner Hammer seconded the motion. The Board voted unanimously in favor of the motion.

OTHER BUSINESS

The following issues were discussed during Other Business:

1. Chairman Robertson informed the Board that Keith Hertzler’s term on the Workforce Development Board would soon expire and he requested any nominations from the Board. Commissioner Hammer noted that Tom Jones would soon be leaving the Alexander County School System and he suggested the Board nominate someone to take his place. Chairman Robertson suggested the Board wait until Mr. Jones’ position with the school system was filled. Chairman Robertson also suggested that staff contact Doug Taylor, WPCOG, to request a response to the nomination since one was not received last time.

Commissioner Bolick made a motion to nominate Keith Hertzler to serve another term on the Workforce Development Board. Commissioner Keever seconded the motion. The Board voted unanimously in favor of the motion.

2. Rick French, County Manager, stated that the Board and staff had been invited to attend and open house at Alexander Opportunities on Tuesday, May 6, 2003 from 9:30 AM to 11:30 AM to honor mental health month.
3. Mr. French stated that the deadline to register for the Legislative Briefing and Reception to be held on May 14, 2003 was Friday, May 9, 2003.
4. Mr. French informed the Board that nominations for the 2003 NC Award for Outstanding Volunteer Service were due May 30, 2003. Mr. French stated that the Board should contact David Icenhour, Human Resources Director, for information.
5. Mr. French informed the Board that Library Director Doris Stephen’s mother had passed away. Mr. French stated that the funeral would be held in Abingdon, Virginia on Tuesday, May 6, 2003 and he asked the Board and staff to remember the family in their prayers.
6. Chairman Robertson asked Ms. Turnmire if she had received a response to the Board’s concerns regarding the Duke Power Relicensing. Ms. Turnmire replied that she had not received any response to date.

1. Tax Release Requests for April $1,237.32 and Tax Refund Requests for April $1,281.29.
2. Minutes from February 17, 2003 Regular Commissioners’ Meeting; March 6, 2003 Regular Commissioners’ Meeting; March 17, 2003 Regular Commissioners’ Meeting; March 24, 2003 Special Called Meeting; March 31, 2003 Joint Meeting Between the Alexander County Board of Commissioners and the Alexander County Board of Education; and April 7, 2003 Regular Commissioners’ Meeting.
3. Revised Interlocal Agreement(s) which include Bylaws and the Coverage Agreements with NCACC Insurance Programs.

Commissioner Keever made a motion to approve the Consent Agenda. Commissioner Hammer seconded the motion. The Board voted unanimously in favor of the motion.

CLOSED SESSION – N.C.G.S. 143-318.11(a)(3, 5, & 6) ATTORNEY/CLIENT PRIVILEGE, CONTRACTUAL, & PERSONNEL

Commissioner Bolick made a motion to enter into Closed Session at 6:50 PM for the Attorney / Client Privilege and to discuss contractual matters and personnel issues pursuant to N.C.G.S. 143-318.11(a)(3, 5, & 6). Commissioner Keever seconded the motion. The Board voted unanimously in favor of the motion.

There being no further business, Commissioner Keever made a motion to adjourn at 8:35 PM. Commissioner Hammer seconded the motion. The Board voted unanimously in favor of the motion.

W. Darrell Robertson, Chairman         Jamie C. Millsaps, Clerk to the Board