Draft
February 2, 2004
The Alexander County Board of
Commissioners held its regular meeting on CALL TO ORDER Chairman Keever called the meeting to
order at INVOCATION AND PLEDGE OF ALLEGIANCE Lewis Murdock, pastor of ***SPECIAL RECOGNITION*** Russell Greene, Fire Marshal, recognized Ellendale Fire Department, Stony Point Fire Department, and Hiddenite Fire Department for their recent rating change from Class 9 to Class 7. Those present at the meeting were Ellendale Chief Michael Nail, Stony Point Chief Steve Lackey, and Stony Point Captain Scott Abernathy. Mr. Greene noted that Grover Sharpe, Hiddenite Chief, could not make it to the meeting. Mr. Greene explained that all fire departments in NC were rated by the Office of the State Fire Marshal and he noted that these 3 fire departments had gone through the response rating survey in August and September 2003. Mr. Greene informed the Board that the rate change would save all homeowners in each of these districts on their homeowner’s insurance. Mr. Greene stated that the average savings on a $130,000 wood frame house built in 1990 was approximately $100 per year and he noted that these ratings would take affect April 1, 2004 for Stony Point and Hiddenite and May 1, 2004 for Ellendale. Commissioner Harbinson asked if homeowners should notify their insurance companies of the rate change. Mr. Greene replied that he had spoken with several insurance companies who informed him that their systems automatically updated the change and credited the homeowner at their renewal cycle; however, Mr. Greene stated that there would be no harm in notifying insurance companies simply to confirm the change. Commissioner Harbinson felt that Commissioner Robertson recognized Scott Abernathy who is employed with NC Department of Transportation to convey his appreciation to the entire NCDOT staff for keeping the roads clean and safe during the winter storm last week. Commissioner Hammer also thanked Mr. Greene and the Maintenance staff for removing snow and ice from County department parking lots and sidewalks. ADOPTION OF AGENDA Chairman Keever requested a change in the appointments listed under Agenda Item #10 to include the replacement of Janice Buckner on the LEPC with Travis Miller. Chairman Keever also stated that the Board needed to appoint a Chairman to the LEPC as well as appoint someone to serve on the Carolinas Partnership Board. Commissioner Harbinson made a motion to adopt the agenda as amended. Commissioner Bolick seconded the motion. The Board voted unanimously in favor of the motion. PUBLIC HEARING:
CONDITIONAL USE PERMIT 04-1: R
& N MARINA Sylvia Turnmire, Director of Planning & Development, presented Conditional Use Permit 04-1 for approval to add 28 boat slips at the R & N Marina. The applicants are R & N Marina as well as the owners Rick and Nancy Barnes. Ms. Turnmire stated that the property
was located at Ms. Turnmire stated that the applicants proposed to add 28 boat slips along the edge of the property, which is one step in a long process required by Duke Power. However, Ms. Turnmire noted that the applicants wished to continue using the residential structure on the property as a dwelling unit, which required the application for the conditional use permit. Ms. Turnmire informed the Board that this use was allowed by the Zoning Ordinance in R-20 as a conditional use, granted by the Board of Commissioners. Ms. Turnmire also noted that Planning & Development staff recommended approval of the conditional use permit and she mentioned that staff had not received any calls in favor or in opposition of the request. Chairman Keever called the public hearing to order and requested any public comment. There being no public comment, Commissioner Robertson made a motion to close the public hearing. Commissioner Hammer seconded the motion. The Board voted unanimously in favor of the motion. Commissioner Bolick felt that R &
N Marina was the most aggressive growing business in the Commissioner Bolick made a motion to approve Conditional Use Permit 04-1. Commissioner Harbinson seconded the motion. The Board voted unanimously in favor of the motion. PUBLIC HEARING:
REZONING CASE 04-1 Sylvia Turnmire, Director of Planning
& Development, presented Rezoning Case 03-2 submitted by Chris Richey (Richey
Automotive) and Todd McAuley. Mr. Richey and
Mr. McAuley requested rezoning of property located on Ms. Turnmire stated that Richey Automotive was a legal non-conforming use that was present prior to the adoption of the Bethlehem Zoning Area in 1987. Ms. Turnmire stated that Mr. Richey did not have plans to expand Richey Automotive at this time; however, she noted that commercial zoning would allow for future expansion, which would possibly be required by NCDMV. Ms. Turnmire informed the Board that Mr. McAuley proposed a 7,200 square-foot metal building for a fitness center on his property. Ms. Turnmire stated that properties
along Ms. Turnmire stated that the property proposed for the fitness center faced several issues including inadequate transportation access, no connectivity to a public water source, the need for a commercial-sized septic system, and the ability to meet the parking, landscaping, and dimensional requirements of the Zoning Ordinance. Ms. Turnmire stated that the property was surrounded by residential zoning, creating an issue of spot zoning, which is “invalid or illegal unless there is a clear and reasonable basis for treating the singled out property differently from adjacent land.” Ms. Turnmire noted that for any case of spot zoning, the Board of Commissioners and the Planning & Zoning Commission must address the following questions: 1. Did the zoning activity in the case constitute spot zoning as our courts have defined that term; and 2. If so, did the zoning authority make a clear showing of a reasonable basis for the zoning? The clear reasonable basis can be determined by reviewing 4 factors: a. The size of the tract; b. The compatibility of the disputed zoning action with an existing comprehensive plan; c. The benefits and detriments resulting from the zoning action for the petitioning property owner, neighbors, and surrounding community; and d. The relationship between the uses envisioned under the new zoning and the current uses of adjacent land. Ms. Turnmire addressed staff comments in regard to these 4 factors to show a reasonable basis for zoning, which included:
2a. The
size of the tract: The subject properties are 2.35, 1.92, and 1.95 acres. The surrounding properties are: West - .52 acre, .52 acre, 1.77 acres, and 2.96 acres North - .33 acre, .58 acre, .72 acre, and 2.33 acres South - 7.44 acres East - 15 acres 2b. The
compatibility of the disputed zoning action with an existing comprehensive plan: 1. Section 154.170: The purpose of the H-C (Highway-Commercial) District is to provide suitable locations for those commercial activities which serve primarily the traveling public, including those which function rather independently of each other. 2. Section 154.140: The RA-20 District is established as a district in which the principal use of the land is for low-density residential and agricultural purposes including single-family dwellings, 2-family dwellings, individual manufactured homes, and related uses necessary for a sound neighborhood. The regulations for this district are designed to stabilize and encourage a healthful environment for family life in areas where neither public nor community water or sewer facilities are available. 3.
The 2c. The
benefits and detriments resulting from the zoning action for the petitioning property
owner, neighbors, and surrounding community: The board must determine what effect the rezoning will have upon the entire community as a social, economic, and political unit. 2d. The
relationship between the uses envisioned under the new zoning and the current uses of
adjacent land. If rezoned to Highway-Commercial, any use listed in the use matrix would be allowed, not just the use of which the applicants are applying. All immediate adjacent land is used for residential purposes. The closest
commercially zoned properties are on Ms. Turnmire stated that staff had
received several calls from Mr. and Mrs. Eckard who have stated their opposition to the
fitness center. Ms. Turnmire also stated that
a protest petition was filed on Ms. Turnmire informed the Board that
the Planning & Zoning Commission reviewed the rezoning request on Chairman Keever asked if the protest petition was in opposition to both properties, Richey & McAuley. Ms. Turnmire replied that the protest petition was in opposition to both properties. Commissioner Robertson asked if sanitariums had looked at Mr. McAuley’s property in regards to the commercial-sized septic tank. Ms. Turnmire stated that no sanitariums had been to the property because the type of septic tank required would depend on whether Mr. McAuley provided showers as well as bathrooms in the fitness center. Ms. Turnmire explained that the property could be inspected once that information was determined. Public Comment Don Eckard,
adjoining property owner, stated that he and his wife had purchased a house and vacant
tract next to Mr. Richey and Mr. McAuley in 1992, on which he built 3 duplexes for a total
investment of over $400,000. Mr. Eckard stated
that he made this investment knowing that the property had been zoned residential in 1987
and was a considerable distance from any commercial zoning; therefore, he felt confident
that he would never have to face the issue at hand. Mr.
Eckard stated that he assumed that Richey Automotive was grandfathered with provisions to
provide protection for his investment when zoning assignments were made in 1987 since the
business was already established. Mr. Eckard
stated that Mr. Richey and Mr. McAuley were good neighbors and he noted that the only
negatives he had experienced were that there was a lot of daytime traffic due to the
garage and some noise from Mr. Richey’s air compressor.
However, Mr. Eckard stated that he was concerned that if these properties
were rezoned to H-C, Mr. Richey would expand his garage and possibly service diesel
tractors, which would cause more noise. Mr.
Eckard felt that the area would not be suitable for a fitness center and he expressed his
concerns that the metal building would be converted to a welding shop or a place to hang
out and have a few drinks when the fitness center failed.
Mr. Eckard informed the Board that rezoning these properties would impact 7
families that lived on his property and he felt that rezoning was not in the best interest
of neighbors and the Chris Richey, owner
of Richey Automotive, stated that he had requested rezoning of his property and business
from RA-20 to H-C so that his family could continue running the business or sell the
business if something happened to him. Mr.
Richey explained that the business could never be improved or expanded as long as it was
zoned RA-20, which could pose problems in the future with the emissions testing that could
be required in Alexander County in the next 3 years. Mr.
Richey admitted that 80% of the traffic on Todd McAuley, owner of property for the proposed fitness center, stated that he had no objection to the Board approving the rezoning for Mr. Richey, even if the Board chose not to approve his rezoning request. Evelyn Eckard
requested that the Board reject the rezoning request for Mr. Richey and Mr. McAuley
because it would adversely affected the 7 families renting her and her husband’s
property. Mrs. Eckard pointed out that the
Alexander County Zoning Ordinance stated that “the
RA-20 District is established as a district in which the principal use of the land is for
low-density residential and agricultural purposes…the regulations for this district
are designed to stabilize and encourage a healthful environment for family life in area
where neither public nor community water or sewer facilities are available.” Mrs. Eckard felt that there were much better
locations for a fitness center than down a single lane, dead end gravel road, 2 miles from
the nearest H-C zoning. However, she noted
that if the property was rezoned H-C, if would be a good location for other uses such as a
cabinet shop, heavy equipment sales and service, concrete product production, metal
fabrication, or a pool hall/disco. Mrs. Eckard
informed the Board that Mr. McAuley had stated that he intended to cater to the elderly
and the teens, be open from Commissioner Harbinson asked if
Planning & Development staff had received any comment from any of the other neighbors
including the Pages, Bonhams, Teagues, Costners, Rotens, Powells, or Porters. Ms. Turnmire stated that staff had not received any
comment from any of the neighbors. Commissioner
Harbinson asked if staff had placed signs at or near the property advertising the rezoning
case. Ms. Turnmire replied that staff had
placed signs at Richey Automotive and at the end of Commissioner Robertson asked if Mr. Richey would be required to meet setback requirements if he expanded his business. Ms. Turnmire replied that he would have to meet setback requirements. Mr. Richey stated that he was aware of that fact. Chairman Keever stated that he didn’t realize that rental property was not zoned differently from regular residential since is was, in fact, a business. Chairman Keever inquired if this was normal practice throughout the area. Ms. Turnmire replied that it was normal practice and that zoning was based on the use of the property. Commissioner Robertson inquired about the magnitude of Mr. Richey’s investment in Richey Automotive. Mr. Richey stated that he had just had the business appraised and he noted that Richey Automotive would sell on the market today at $550,000. Commissioner Bolick stated that
Richey Automotive was the only place in Commissioner Robertson agreed and stated that Richey Automotive was established in 1981 before zoning took effect in 1987 and he noted that the business was already there when the Eckard’s purchased their property. There being no further public comment, Commissioner Harbinson made a motion to close the public hearing. Commissioner Robertson seconded the motion. The Board voted unanimously in favor of the motion. Commissioner Harbinson made a motion to approve the rezoning of Chris Richey’s property from RA-20 to H-C. Commissioner Robertson seconded the motion. The Board voted unanimously in favor of the motion. Commissioner Bolick made a motion to approve the rezoning of Todd McAuley’s property from RA-20 to H-C. Commissioner Hammer seconded the motion. The Board voted unanimously in favor of the motion. AIR QUALITY RESOLUTION John Tippett, WPCOG Assistant Director / Transportation Planner, stated that in December 2002, Alexander County joined the Early Action Compact (EAC) along with 3 other counties and 6 other cities including Taylorsville to deal with air quality issues in the Unifour region due to the Federal EPA tightening standards on what was deemed acceptable levels of ozone. Mr. Tippett explained that even though the standards were tightened in 1997, the EPA decided to allow each area a 3-year average to determine what the ozone level was. Mr. Tippett informed the Board that
it was discovered in 2000 that our region was slightly violating the new standards along
with 45 other counties. Mr. Tippett explained
that exceeding a rating of .085 would result in a classification of non-attainable. He stated that monitors for our region had been
placed in Mr. Tippett stated that joining the EAC last year deferred the penalties of the non-attainable status until 2007 as long as the region was active and implemented air quality programs in order to make an effort to improve the air quality. Mr. Tippett felt confident that our region could be below .085 by 2007 due to the many efforts taking place at the present time to improve the air quality including regulations for the 14 coal fired power plants in NC and emissions testing for automobiles. Mr. Tippett distributed a list of Ozone Control Measures for the Unifour Early Action Compact, which included 14 action steps that the region could implement. Mr. Tippett stated that this was the first item to be submitted in order to get the non-attainment status delayed to 2007 and he noted that this would have to be submitted by the end of February 2004. Mr. Tippet also submitted a resolution to be approved by the Board to implement these action steps. Chairman Keever asked if the location
of the monitor in Commissioner Bolick asked how many
monitors had been placed in our region. Mr.
Tippett replied that there were only 2 in our region including the one in Commissioner Robertson felt that the
EPA was singling out areas instead of addressing a national problem. Commissioner Robertson felt that Commissioner Harbinson agreed and stated that he felt it was unfair for our citizens to have to pay the price for something that they didn’t cause. Commissioner Robertson made a motion to approve the Ozone Control Measures. Commissioner Hammer seconded the motion. The Board voted unanimously in favor of the motion. ANIMAL CONTROL ORDINANCE Terry Foxx, Emergency Management / Animal Control Director, presented a proposed final revision of the Alexander County Animal Control Ordinance after many discussions and suggestions. Mr. Foxx discussed in detail Section 91.08: Animals Creating a Public Nuisance Prohibited. Chairman Keever stated that this section was included in the original ordinance but had been removed from the first proposed revised ordinance. Chairman Keever suggested that this section remain in the ordinance. Chairman Keever discussed Section 91.08 C which stated “It shall be unlawful for any owner to permit his or her animal to run at large during the months of April, May, June, July, August, and September of any year. During such months all animal shall be restricted by LEASH, PEN, or kept CONFINED to the premises of their owners. Chairman Keever requested that an additional phrase be added to this section to read “unless the animal has been spayed or neutered.” Chairman Keever stated that this was not a leash law but a step in that direction and he noted that the months listed were the months when animals were most active in breeding. Chairman Keever explained that the reason he wanted Section 91.08 C in the ordinance was to encourage pet owners to get their animals spayed and neutered to enforce some birth control so that the numbered of euthanized animals could be reduced. Commissioner Harbinson inquired about the penalty for allowing an animal to run at large during those months. Mr. Foxx stated that the penalty had not been specified but he pointed out that the fee schedule included listing for “all other fines” that included a $10 fine per day per violation for a total of 15 days. Commissioner Bolick asked how Section
91.08 C would apply to hunters who wanted to train their dogs in the summer months. Mr. Foxx pointed out that Section 91.08 F would
apply to that issue. Section 91.08 F reads “This section shall not apply to any person while
engaged in a supervised, formal obedience training class or show, or during formally
sanctioned field trials, or while engaged in lawful hunting with a dog during open season
or during bona fide hunting or field trial dog training.
It shall be unlawful for the owner of a dog to place such dog or allow it to
be placed in the custody of any other person not physically capable of maintaining
effective control of such dog.” Commissioner Hammer felt that if
Section 91.08 was adopted, staff would be overrun with calls from citizens complaining
about dogs running loose. Commissioner Hammer
also stated that he had a problem with restricting citizens from allowing their pets to
run loose in their neighborhood. Commissioner Robertson stated that the only part of the ordinance that addressed dogs in packs bothering livestock was Section 91.07 A, which stated “It is unlawful for any owner to maintain or harbor unconfined or unrestrained any dangerous dog or animal which (1) bites, inflicts, assaults, or otherwise attacks a human being without provocation on public or private property; or (2) injuries or kills a pet or domesticate animal and the Animal Control Officer determines after investigation that the report is supported by the evidence, then and only then will the said dog or animal be deemed dangerous.” Commissioner Robertson noted that this wording meant that at least one calf or other livestock had to be killed before something could be done about it. At this time, Mr. Foxx distributed copies of N.C.G.S. 67-14 which stated “Any person may kill any mad dog, and also any dog if he is killing sheep, cattle, hogs, goats, or poultry.” Chairman Keever felt that it would be appropriate to include this statute within the Animal Control Ordinance. Commissioner Robertson made a motion
to add wording from N.C.G.S. 67-14 to the Alexander County Animal Control Ordinance. Chairman Keever seconded the motion. The Board voted unanimously in favor of the motion. Commissioner Harbinson stated that he
had a problem with a rural county like Commissioner Hammer agreed and stated that he felt that requiring citizens to keep their animals confined for 6 months was too restrictive. Commissioner Robertson suggested rewording Section 91.08 to state that it was “recommended” that animals be restrained or confined during those months unless spayed or neutered. Commissioner Harbinson felt that a recommendation would not result in any changes. At this time, Commissioner Harbinson
distributed copies of N.C.G.S. 67-2 which stated “If
any person owning or having any bitch shall knowingly permit her to run at large during
the erotic stage of copulation he shall be guilty of a Class 3 misdemeanor.” Commissioner Harbinson suggested using this
statute as a replacement for Section 91.08 C, which would require animals to be confined
for 6 months of the year. Chairman Keever felt
that this statute would indeed accomplish his plan to encourage spaying and neutering and
he agreed to substitute the statute for the wording of Section 91.08 C. However, Chairman Keever suggested changing the
word bitch to read any female dog or cat. Chairman Keever made a motion to use N.C.G.S. 67-2 as a replacement for the wording in Section 91.08 C in the ordinance and to change the wording to state any female dog or cat. Commissioner Harbinson seconded the motion. The Board voted unanimously in favor of the motion. Mr. Foxx requested the Board to approve a pickup fee of $20 for incidents where citizens scheduled a pickup time and then was not present when the Animal Control Officer arrives to pick up the animal. Mr. Foxx explained that, on several occasions, Animal Control Officers must return to the same location several times because the citizen fails to be there when they say they will be. Mr. Foxx felt that the first trip was County responsibility; however, he felt that a fee needed to be charged if a second trip had to be made. The Board agreed to charge a $20 pickup fee as requested. Mr. Foxx also requested the Board approved a $25 euthanization fee for citizens who simply want an animal put to sleep. Mr. Foxx stated that there was currently no fee charged when Animal Control Officers went to a residence to pick up and animal for euthanization and he noted that a veterinarian would charge $60 or $70 for the same service. The Board agreed to charge a $25 fee for this service. Chairman Keever made a motion to
table the approval of the Animal Control Ordinance until the March Commissioners’
Meeting and he asked that copies be made available at the RESOLUTION IN Chairman Keever presented the
Resolution of Support to Have the Department of the Navy Reconsider Its Location of an
Outlying Landing Field in Chairman Keever explained that the
United States Department of the Navy had decided to construct a practice airfield in Commissioner Hammer made a motion to approve the resolution. Commissioner Robertson seconded the motion. The Board voted unanimously in favor of the motion. RESOLUTION FOR CONTINUING OPERATION OF THE
CONSTRUCTION & DEMOLITION LANDFILL Chairman Keever presented the Resolution for the Continuing Operation of the Construction and Demolition Landfill on Top of Our Closed Municipal Waste Landfill. Chairman Keever stated that Commissioner Robertson made a motion to approve the resolution. Commissioner Harbinson seconded the motion. The Board voted unanimously in favor of the motion. RESOLUTION IN SUPPORT OF THE EFFORTS OF Chairman Keever presented the Resolution in Support of the Efforts of Durham County Related to County Impact Fees. Chairman Keever informed the Board
that Commissioner Robertson made a motion to approve the resolution. Commissioner Bolick seconded the motion. The Board voted unanimously in favor of the motion. RESOLUTION URGING STRONGER PENALTIES FOR OFFENDERS
THAT SELL AND MANUFACTURE METHAMPHETAMINE IN Chairman Keever presented the
Resolution Urging Stronger Penalties for Offenders that Sell and Manufacture
Methamphetamine in Chairman Keever stated that the use,
sale, and manufacture of methamphetamine was becoming more evident in Commissioner Bolick made a motion to approve the resolution. Commissioner Hammer seconded the motion. The Board voted unanimously in favor of the motion. BUDGET ORDINANCE AMENDMENTS #19 - #23 Rick French, Budget Amendment #19 – To budget for January through June 2004 contracted services from the Chamber of Commerce. To budget for the 2003-2004 contracted services from the Charlotte Regional Partnership. To budget for the final installment of $10,000 for the Alexander County History Project. Budget Amendment #20 – To transfer funds to contingency (no debt service payments for DSS will be due in 2003-2004). Budget Amendment #21
– To budget for the final project expenses for Budget Amendment #22 – To budget for an increase in the Office of Juvenile Justice funding. To budget for an increase in WIC funding from the NCDHHS. Budget Amendment #23 – To increase the budget for unemployment insurance and workers comp claims. Commissioner Robertson made a motion to approve Budget Amendments #19 - #23. Commissioner Hammer seconded the motion. The Board voted unanimously in favor of the motion. BOARD APPOINTMENTS / REAPPOINTMENTS Commissioner Hammer presented the following appointments and reappointments: A. EQUALIZATION & REVIEW BOARD Reappoint Patsy Little 1-year terms Reappoint Darrell Adkins Reappoint David Odom Appoint Sue Watts B. LOCAL EMERGENCY PLANNING COMMITTEE Reappoint Lynn Marshall 1-year terms Reappoint Stephen Townsend Reappoint Hayden Bentley Reappoint Patti Foster Reappoint Doug Ferguson Reappoint Leeanne Whisnant Reappoint Tony Setzer Reappoint Russell Greene Reappoint Terry Foxx Reappoint Greg Atchley Reappoint Ben Zachary Reappoint Gary Herman Reappoint Sylvia Turnmire Reappoint David Icenhour Reappoint Greg Jones Reappoint William Hammer Reappoint David Odom Appoint Travis Miller (to replace Janice Buckner) C. JUVENILE CRIME PREVENTION COUNCIL Appoint Sharon White 2-year terms Appoint Jerry Ratchford Commissioner Hammer made a motion to approve the appointments and reappointments as presented. Commissioner Robertson seconded the motion. The Board voted unanimously in favor of the motion. LEPC Chairperson Commissioner Bolick made a motion to reappoint Terry Foxx as Chairman of the Local Emergency Planning Committee. Commissioner Harbinson seconded the motion. The Board voted unanimously in favor of the motion. Chairman Keever made
a motion to appoint Rick French, OTHER BUSINESS Rick French, A.
Due to adverse weather this week, the Chamber of
Commerce Annual Banquet has been rescheduled for B.
The NCACC is sponsoring a 2-day meeting at Mid
Pines / Pine Needles on CONSENT AGENDA
Commissioner Harbinson 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)(5 &
6) Commissioner Robertson made a motion to enter into Closed Session at 7:59 PM to discuss contractual matters and personnel issues pursuant to N.C.G.S. 143-318.11(a)(5 & 6). Commissioner Bolick seconded the motion. The Board voted unanimously in favor of the motion. ADJOURNMENT There being no further business,
Commissioner Bolick made a motion to adjourn at
W. Norris Keever, Chairman Jamie M. Starnes, Clerk to the Board |