Draft

BOARD OF COMMISSIONERS 

ALEXANDER COUNTY

REGULAR MEETING

STATE OF NORTH CAROLINA

July 14, 2003

PRESENT: W. Darrell Robertson, Chairman
William L. Hammer, Vice-Chairman
Joel C. Harbinson
W. Norris Keever
ABSENT: Wesley E. Bolick
STAFF: Rick French, County Manager
Jamie Millsaps, Clerk to the Board
David Icenhour, Human Resources Director
Russell Greene, Fire Marshal
MEDIA: Gary Herman, The Taylorsville Times
Norris Keever, WACB Radio

 

The Alexander County Board of Commissioners held its regular meeting on Monday, July 14, 2003 in the Catawba Valley Community College / Alexander Center Multipurpose Room, Taylorsville, North Carolina.

CALL TO ORDER

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

INVOCATION AND PLEDGE OF ALLEGIANCE

Lory Beth Huffman, Pastor of First United Methodist Church, gave the invocation and Samantha Feimster, rising 6th grader at West Alexander Middle School, led the Pledge of Allegiance to the Flag.

***SPECIAL RECOGNITION***

Commissioner Keever presented a Key to the County to SSgt Anthony Chad Chapman, who recently returned from serving in Operation Iraqi Freedom / Enduring Freedom, in appreciation of the sacrifice and dedication of all service men and women.

Chad Chapman is the son of Hoyte Chapman and Sandra and Gene Price, brother of Colby Lee Chapman, grandson of Roy and Emily Elder, and husband of Christy Stevens Chapman. He graduated from Alexander Central High School in 1992 and attended Gardner Webb University for one year. Chad joined the United States Marine Corps in August of 1994. Upon completion of Basic Training in Paris Island, he was assigned to Camp Geiger Marine Corps Base, Camp Lejeune, North Carolina for Marine Combat Training. Upon completion of Marine Combat Training, Chad was assigned to Naval Air Station in Meridian, Mississippi to begin training as an Aircraft Maintenance Specialist, his assigned Military Occupational Specialty (MOS). Upon another successful tour he was then assigned to Marine Medium Helicopter Squadron 162 (HMM-162), Marine Air Group 29 (MAG-29) aboard Marine Corps Air Station New River, Camp Lejeune, Jacksonville, NC.

Chad completed one 3-month Norway deployment in August 1995 in which Cold Weather Training was performed. He also completed 3 Mediterranean deployments ranging from 6 to 8 months each from January 1996 to June 2001. Chad has also been involved in training operations in Spain, Portugal, Italy, Malta, France, Germany, Africa, Palma, Liberia, Albania, Kosovo, Nigeria, and Lebanon. During his tour with HMM-152, Chad received many awards including:

UNIT AWARDS

NATO MEDAL with one bronze star

ARMED FORCES SERVICE MEDAL with one bronze star

HUMANITARIAN SERVICE MEDAL with one bronze star

JOINT MERITORIOUS UNIT AWARD

MERITORIOUS UNIT COMMENDATION with one bronze star

SEA SERVICE DEPLOYMENT RIBBON with three bronze stars

NATIONAL DEFENSE SERVICE MEDAL with one bronze star

ARMED FORCES EXPEDITIONARY MEDAL with one bronze star

PERSONAL AWARDS

FOUR MERITORIOUS MASTS

MARINE CORPS GOOD CONDUCT MEDAL with one bronze star

NAVY MARINE CORPS ACHIEVEMENT MEDAL with two gold stars

On January 12, 2003 Chad was deployed aboard the USS Kearsarge enroute to Iraq along with several other Naval Vessels including the USS Saipan, USS Batan, USS Gunston Hall, USS Ashland, and USS Portland. During Operation Iraqi Freedom / Enduring Freedom, Chad filled the billet as Aircraft Maintenance Specialist Chief as well as an Aircraft Aerial Observer/Gunner. He was awarded Combat Aircrew Wings with the maximum 3 stars. He is also recommended for the Combat Action Ribbon and nominated for 6 Air Medals.

After receiving his Key to the County, Chad thanked the Board for the recognition and for the support given to all service men and women.

CHAIRMAN’S REPORT

Chairman Robertson stated that the Board had received a letter from Tamara Adams who works with the Prostate Cancer Team at the Center for Human Genomics at Wake Forest School of Medicine. Ms. Adams requested the Board’s support in declaring September 2003 as "Prostate Cancer Awareness Month" in Alexander County. Chairman Robertson suggested that this item be placed on the August 25, 2003 Commissioners’ Meeting agenda for consideration and he requested that the Health Department staff prepare information regarding prostate cancer for the news media to inform the public of the risk to all men.

Chairman Robertson also congratulated the Alexander County Board of Education, Superintendent, principals, teachers, staff, and students on the significant improvement on the end of year testing proficiency for the 2002-2003 school year.

ADOPTION OF AGENDA

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

APPOINTMENT OF JOEL HARBINSON AS COUNTY COMMISSIONER

Chairman Robertson pointed out that Joel Harbinson was sworn in as County Commissioner at the June 16, 2003 Commissioners’ Meeting to fill David Odom’s unexpired term. However, Chairman Robertson noted that the Board did not officially appoint Mr. Harbinson as County Commissioner, which is a legal requirement.

Chairman Robertson made a motion to appoint Joel Harbinson as County Commissioner to fill the unexpired term of David Odom effective June 16, 2003. Commissioner Keever seconded the motion. The Board voted unanimously in favor of the motion.

CITIZEN COMPLAINT CONCERNING ABANDONED HOUSE

Karen Howell discussed the condition of an abandoned house located adjacent to her property, which she stated had been an ongoing problem for approximately 8 years. Ms. Howell stated that the house, which was recently condemned by the County, had a large hole in the roof and was a breeding ground for mosquitoes, rats, and snakes. Ms. Howell also explained that vagrants continuously hung around the property and urinated on the property, which caused an unbearable odor.

Ms. Howell presented pictures of the house to the Board and invited each member to visit the property. Ms. Howell stated that she felt that this property was a health risk for the community and she requested that the house be removed. Ms. Howell stated that N.C.G.S. 138-19 discussed the abatement of a public heath nuisance and gave the County authority to take action in this matter. Ms. Howell requested that the Board take into consideration the health, safety, and well being of this community and have the house removed.

Commissioner Keever asked Rick French, County Manager, if the house was suitable for burning. Mr. French replied that the house was relatively close to 2 other homes but he noted that staff would contact the local fire department to see if the house could be burned. Mr. French also noted that staff was required to contact the property owner to get permission to burn the house. However, Mr. French noted that the property owner had not been responsive to previous correspondence.

Commissioner Hammer asked Ms. Howell if she was aware of how to get in touch with the property owner so that staff could contact her. Ms. Howell replied that she knew the property owner’s mailing address and she noted that she could give the Board directions to the property owner’s current residence. Commissioner Hammer requested that Ms. Howell give that information to Mr. French in order for staff to mail or possibly hand deliver a letter regarding the removal of the house.

Chairman Robertson pointed out that the Building Inspections Department had condemned the house as unsafe for occupancy but he noted that the Health Department would have more authority in regard to having the house removed. Chairman Robertson requested that the Health Department staff visit the property if no one had done so already.

PUBLIC HEARING: REZONING CASE 03-4: LACKEY

Sylvia Turnmire, Director of Planning & Development, presented Rezoning Case 03-2 submitted by Douglas Lackey (Precision Mechanical, Inc.). Mr. Lackey requested rezoning of property located along Church Road just south of Callie Lane from RA-20 (Residential-Agricultural) to H-C (Highway-Commercial). The size of the property area is 1.41 acres and the current land use is vacant. Ms. Turnmire stated that zoning within 100 feet of the property was RA-20 to the north, south, and east and R-20 (Residential) to the west. There is a doublewide manufactured home subdivision to the north, residential and agricultural uses to the south, residential and open land to the east, and Wittenburg Elementary School is to the west.

Ms. Turnmire stated that the applicant had proposed a 3,750 square foot building to house the business office and to serve as the warehouse. The property is also served by an 8-inch water line on Church Road. Ms. Turnmire also submitted a letter from Byron Long, adjoining property owner, stating his opposition in regards to the request.

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 a 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 four factors:
    1. The size of the tract;
    2. The compatibility of the disputed zoning action with an existing comprehensive plan;
    3. The benefits and detriments resulting from the zoning action for the petitioning property owner, neighbors, and surrounding community; and
    4. 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 property is 1.41 acres. The surrounding properties are:

West – 40 acres, 43.82 acres
North - .46 acres, .63 acres, 1.13 acres, 1.44 acres
South – 33.55 acres
East – 11.23 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, two-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 Alexander County 1993 Comprehensive Plan identifies this area as lying in a "Limited Transition" area which is "to provide for development in areas that will have some services that are only suitable for lower densities than those associated with the Urban Transition class and/or areas that are geographically remote from existing towns and municipalities. Areas meeting the intent of the Limited Transition classification will experience increased development (primarily residential) during the planning period. They will be in a state of development necessitating some municipal type services such as community water or sewage systems. Generally, the areas along the major corridors are designated as the Limited Transition classification. These areas will experience increasing residential growth as Bethlehem develops and the new corridor becomes more urbanized."

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 H-C, any use listed in the use matrix would be allowed, not just the use of which the applicant is applying. All immediate adjacent land is used for residential purposes.

One property is zoned N-B (Neighborhood Business) at the intersection of Church Road, Poly Bowman Road, and Rink Dam Road. Also, there are commercially zoned properties at the intersection of Church Road and Rink Dam Road that were rezoned at the last meeting. Those properties are approximately 3,500 feet from the subject property.

Ms. Turnmire informed the Board that the Planning and Zoning Commission reviewed the rezoning request at a special meeting held on June 19, 2003 and recommended approval of the rezoning request by majority vote.

Commissioner Hammer asked if the property owner had gotten a site/soil evaluation done. Ms. Turnmire replied that a site/soil evaluation had been completed when Mr. Lackey began his application process; however, Ms. Turnmire noted that Mr. Lackey had cleared the lot since that time, removing the top soil, which would require another site-soil evaluation to be done. Ms. Turnmire stated that she had spoken with Mr. Lackey several times and suggested that he contact Environmental Health regarding another site/soil evaluation but she noted that Mr. Lackey had not done so as of yet.

Chairman Robertson asked if Ms. Turnmire had received any calls regarding the rezoning request. Ms. Turnmire replied that she had received 3 anonymous calls from citizens requesting information only.

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 Keever seconded the motion. The Board voted unanimously in favor of the motion.

Commissioner Hammer stated that he was not comfortable with approving the rezoning request until staff was sure that the site/soil evaluation would pass since the topsoil had been removed since the first site/soil evaluation was done.

Commissioner Hammer made a motion to table Rezoning Case 03-4 until the August 4, 2003 to allow time for another site/soil evaluation to be completed. Commissioner Keever seconded the motion. The Board voted 3 in favor of the motion (Commissioners Hammer, Keever, and Robertson) and one against the motion (Commissioner Harbinson). The motion carried.

JOINT PUBLIC HEARING: MANUFACTURED HOUSING APPEARANCE CRITERIA

Planning & Zoning Commission Members present: Lloyd Jarvis, Don Harringon, Ray Combs, Wendell Kirkham, Andy Baker, and Eric Fritz.

Sylvia Turnmire, Director of Planning & Development, stated that several months ago the Board of Commissioners had requested that the Planning & Zoning Commission review the manufactured housing appearance criteria and minimum housing proposal. Since that time, the Planning & Zoning Commission has held several meetings and at a meeting on April 17th, the board submitted a recommendation. Ms. Turnmire stated that in order to reach the recommendation, the Planning & Zoning Commission reviewed the following:

    1. Housing demographics in relation to the number of homes without plumbing/electricity;
    2. The number of inspections completed on unsafe dwellings in accordance with NC General Statutes;
    3. The number of homes that were condemned and the number of homes in which violations were corrected in compliance with #2;
    4. Statistics regarding the total number of manufactured homes located in the county, the number of homes in the county manufactured prior to 1969 and 1976;
    5. Regulations from neighboring counties in regards to manufactured homes and minimum housing; and
    6. The Board also talked extensively to Doug Kerley, Building Codes Administrator, as to the standards and types of inspections completed on site-built homes and manufactured homes.

Ms. Turnmire stated that after reviewing the information listed above, the Planning & Zoning Commission made several conclusions and submitted two recommendations. The Planning & Zoning Commission gave consensus that since site-built homes and manufactured homes were not constructed to the same standard, it would be difficult and inequitable to draft one minimum housing code that applies to both types of structures. In addition, the Planning & Zoning Commission reached the following recommendations:

    1. For homes brought into the county, the manufactured home must meet the appearance criteria as currently written; and
    2. For any occupied manufactured home located in the county as of the original adoption date (8/1/99), may be relocated regardless of the year model. However, the home must meet all current set-up requirements and all other appearance standards (such as a front deck, continuous underpinning, etc.)

Ms. Turnmire submitted the Planning & Zoning Commission work session recommendations for the Board’s review. The text amendment is proposed to be revised as follows: (additions in bold italics and deletions are struck through):

154.280(G) Other Requirements. Any doublewide or multi-section manufactured home that exists in the county prior to the original adoption of this Ordinance that does not meet the Manufactured Home appearance criteria but is constructed to HUD standards and contains the appropriate seals to verify this fact, and but is currently used as a habitable dwelling unit, may be moved to any other location in the county that allows manufactured homes. The home must meet all other requirements set forth in Section 154.280. Manufactured homes that do not meet the Alexander County Manufactured Home appearance criteria shall not be brought into Alexander County from another county.

Any manufactured homes located in Alexander County for sale at the time of the original adoption of this ordinance, that do not meet the Alexander County appearance criteria, may be sold in the county if a list on the non-conforming homes are submitted to the Director of Planning and Development within thirty (30) days after the effective date of this ordinance. The list shall include all pertinent information to easily identify each home for sale. (Adopted 8-1-99; Amended 4-2-02)

154.281(F) Other requirements. Any singlewide manufactured home that exists in the county prior to the original adoption of this Ordinance that does not meet the Manufactured Home appearance criteria but is constructed to HUD standards and contains the appropriate seals to verify this fact, and but is currently used as a habitable dwelling unit, may be moved to any other location in the county that allows manufactured homes. The home must meet all other requirements set forth in Section 154.281. Manufactured homes that do not meet the Alexander County Manufactured Home appearance criteria shall not be brought into Alexander County from another county.

Any manufactured homes located in Alexander County for sale at the time of the original adoption of this ordinance, that do not meet the Alexander County appearance criteria, may be sold in the county if a list of the non-conforming homes are submitted to the Director of Planning and Development within thirty (30) days after the effective date of this ordinance. The list shall include all pertinent information to easily identify each home for sale (Adopted 8-1-99; Amended 12-5-00; 4-2-02)

Ms. Turnmire informed the Board that 2 individuals had asked that she keep in touch with them regarding any amendment to the appearance criteria. Becky Moretz has a 1971 singlewide that belonged to her father that she would like to relocate. Tim Hayes wanted to purchase a 1999 singlewide and move it into the county. However, he was not able to do so since the singlewide had a metal roof and metal siding. Ms. Turnmire stated that the proposed amendments would address Ms. Moretz’s situation and allow her to relocate the 1971 manufactured home since it was located within the county at the time the adoption of the appearance criteria. However, the amendments would not address Mr. Hayes’ situation.

Commissioner Keever stated that restrictions were not placed on stick-built homes from using a metal roof and he therefore felt that restrictions should not be placed on manufactured homes with metal roofs. Commissioner Keever felt that this issue needed to be addressed along with the recommendations already presented.

Commissioner Harbinson stated, in regard to Commissioner Keever’s suggestion, that the Planning & Zoning Commission had not had a chance to review the metal roof issue in order to make a recommendation and he suggested that the Board give the Planning & Zoning Commission time to adequately review Commissioner Keever’s suggestion. Ms. Turnmire stated that the Planning & Zoning Commission could hold a meeting in a separate room in order to review this issue and make a recommendation to the Board later in the meeting. Commissioner Keever requested that the Planning & Zoning Commission do so. Chairman Robertson agreed.

Chairman Robertson also pointed out that more stick-built homes were using metal roofs and he also felt that it was not fair to allow metal roofs on stick-built homes but restrict them on manufactured homes. Chairman Robertson also asked if a pre-1976 mobile home could be sold if it already existed in the county. Doug Kerley, Building Codes Administrator, replied that a pre-1976 could be sold but he noted that the mobile home would have to be a habitable dwelling and meet the State standards for set up, electrical, plumbing, etc. Chairman Robertson requested that wording be put into writing to eliminate any further confusion.

Commissioner Hammer asked Mr. Kerley if the aluminum wiring in a pre-1976 mobile home would have to be changed. Mr. Kerley replied that the inside wiring would not have to be replaced; however, the wiring from the inside panel box to the outside meter base would have to meet the 2003 National Electric Code, as amended.

Chairman Robertson suggested that the wording under 154.280(G) and 154.281(F) read "but is currently suitable for use as a habitable dwelling unit." Chairman Robertson felt that this would better address properties that had been vacated for a period of time.

Commissioner Hammer inquired about allowing mobile homes on a family member’s property and he asked if the Planning & Zoning Commission had reviewed that issue. Ms. Turnmire stated that the Planning & Zoning Commission had discussed that issue about a year ago but she noted that no further discussion had taken place.

Chairman Robertson called the public hearing to order and requested any public comment.

Public Comment

Tim Hayes addressed the unfairness of allowing a metal roof on a stick-built home but restricting it on a manufactured home and he requested that the issue be discussed further for possible amendment.

Becky Moretz discussed the 1971 singlewide that her father lived in before he passed away. Ms. Moretz stated that the mobile home was all she had left that belonged to her father and she noted that the manufactured home would be a good place for someone to live that could not afford an expensive home.

Chairman Robertson informed Ms. Moretz that the proposed amendment by the Planning & Zoning Commission would allow her to sell and relocate the 1971 singlewide.

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 Harbinson made a motion to table this item to allow the Planning & Zoning Commission to meet separately and return with a recommendation on metal roof issue. Commissioner Keever seconded the motion. The Board voted unanimously in favor of the motion.

At this time, the Planning & Zoning Commission exited in order to hold a separate meeting.

ALEXANDER COUNTY NRCS / SWCD UPDATE

Jim Propst, NRCS District Conservationist, began by presenting the names of the members of the Alexander County Soil & Water Conservation District Board Members, which included:

Larry Payne, Chairman
Bill Chapman, Vice-Chairman
Wendell Kirkham, Secretary/Treasurer
Kent Herman, Member
Richie Herman, Member (present at the meeting)

Mr. Propst also introduced Steve Ferguson, SWCD Conservationist, and Tonya Mitchell, Education Coordinator and District Technician, who were also present at the meeting.

Mr. Propst gave an overview of the Federal Conservation Programs and he stated that the 2002 Farm Bill had created landmark legislation in which the conservation funding had more than doubled since 2001. The NC EQIP program funding increased from $3.5 million in 2001 to $10 million in 2003. Mr. Propst stated that the Federal Conservation Programs for NC totaled $38 million for this year and he noted that the funding would more than double over the next 6 years.

Mr. Propst discussed several of the Federal Conservation Programs including the Wetland Reserve Program, the Conservation Security Program to be addressed in 2004, the Conservation Reserve Program, the Wildlife Habitat Incentives Program, and the EQIP program. Mr. Propst also discussed several NRCS / SWCD concerns including water quality and quantity, animal waste/mortality, soil erosion/sedimentation, water quality/nutrient and pest management, wildlife habitat development management, and grassland/livestock management.

Mr. Propst stated that the current funding for the 2003 EQIP for Alexander County totaled $97,187; however, he noted that there were a total of 39 applications, which equaled a need of $281,700. There are also 2 WHIP applications with a need of $5,000. Mr. Propst discussed the goals for 2003-2004, which included 2000 acres in conservation plans, 450 acres of applied plans, 700 acres of nutrient management plans applied, 850 acres of pest management applied, and 50 acres of wildlife habitat management.

Mr. Propst also mentioned that from October 1, 2002 until May 31, 2003 the Alexander County NRCS / SWCD Office had delivered ongoing technical assistance to 570 individuals.

Steve Ferguson, SWCD Conservationist, stated that the Soil & Water Division had contributed approximately $180,000 towards salaries and the operating budget of the SWCD Office during the last 5 years. Mr. Ferguson also stated that the NC Cost Share Program had contributed $418,000. Mr. Ferguson informed the Board that over $1 million had came in through the Alexander County NRCS / SWCD Office since the animal waste movement 10 years ago and he noted that this money had been spent locally on lumber, tin, products for ground use, and contractors for the building and grading work.

Mr. Ferguson stated that the NRCS / SWCD Office was not only an agricultural based office, but also offered technical assistance to local businesses and homeowners in regard to sedimentation control as well as soil and water runoff. Other services include soil quality, nutrient runoff, and soil testing. Mr. Ferguson stated that, when combining the NRCS, the SWCD, and the Carolina Land and Lakes RC & D Office, there were many resources available for the County and he requested that the Board consider taking advantage of these offices and their service more so that in the past.

Tonya Mitchell, Education Coordinator and District Technician, stated that one component of her position was to assist Mr. Propst and Mr. Ferguson in implementing conservation practices on agricultural farms in Alexander County. Ms. Mitchell also noted that she also developed soil and water educational programs and she reviewed the 2003-2004 Alexander County SWCD Education Programs, which included the following:

    1. 5th Grade Environmental Field Day to be held in September. This targets all 5th graders in the County. Eight educational stations are set up on Donald Payne’s dairy farm and the students rotate through each station throughout the day to get a hands-on experience with environmental education.
    2. Annual Poster, Essay & Speech Contest (5th – 8th Grades) to begin in November and go throughout January. The State Division will choose a soil and water topic on which the 5th graders will develop a poster, the 6th graders will develop an essay, and the 7th and 8th graders will develop a speech.
    3. Soil & Water Conservation Awards Banquet to be held in March to honor the poster, essay and speech contestants. One winner will be chosen from each category to represent the County. Other awards presented include the River Friendly Farm Award and Conservation Educator of the Year.
    4. Area II SWCD Contest Night to be held in March. This regional event is comprised of 13 soil and water counties. Students chosen at the Soil & Water Conservation Banquet for the poster, essay, and speech will compete against 13 other counties and the winners from the competition will move onto the State event.
    5. Area II Northwest Envirothon to be held in April. This is a competitive event for middle and high school students. Last year 2 teams competed from East Alexander Middle School, 2 from West Alexander Middle School, and one from Alexander Central.
    6. North Carolina State Envirothon to be held in April. This is the State competition for the regional winners.
    7. Wake Up to Agriculture (Cooperative Extension) to be held in May. This targets all 1st graders in Alexander County. Staff gives a presentation on agriculture.
    8. Area II SWCD Teacher Workshop to be held in June. This is an educational workshop for teachers to keep in touch with environmental education and also to get teacher renewal credits
    9. National Canon Envirothon to be held in July. The top winners from the State competition will eligible to go to the National competition.
    10. Other Natural Resource Presentations throughout the year. Ms. Mitchell stated that she was available to the Alexander County Schools at any time for presentations on soil, water, and natural resource concerns. Ms. Mitchell stated that she usually gave 2 to 4 presentations per year.

Ms. Mitchell informed the Board that there would be 2 new programs implemented this year including the Stream Watch Program and Adult Natural Resource Education.

Mr. Ferguson briefly discussed the Carolina Land and Lakes RC & D Office since Wendell Kirkham, who was schedule to give the presentation, was in the Planning & Zoning Commission Meeting. Mr. Ferguson stated that the Carolina Land and Lakes RC & D office was apart of the NRCS and was run by Dan McClure. The Carolina Land and Lakes RC & D helps farmers, landowners, communities, and governing boards with many environmental projects as well as targets grant monies. Mr. Ferguson noted that Mr. McClure or Mr. Kirkham would contact the Board to discuss how the Carolina Land and Lakes RC & D Office could benefit Alexander County.

Chairman Robertson thanked the NRCS and SWCD staff for the presentation.

FIRE DEPARTMENT CONTRACTS

Russell Greene, Fire Marshal, presented the revised fire department contracts for the Board’s review. Mr. Greene stated that in working with Jennifer Herman, Finance Officer, 2 minor changes were made in relation to the financial aspect of the contracts including:

Item #1 was changed to include: the Fire Department will present the County Commissioners with annual financial statements that have been reviewed or compiled by a CPA. Mr. Greene stated that this would not be as costly as a full audit as the old contract stated.

Item #8 was changed to state that the County shall levy and collect upon all taxable property lying within the bounds of the fire district an ad valorem tax determined by the Board of Commissioners during the normal budget process, and pay the same to the fire department. Mr. Greene stated that this change allowed the Board to change the fire tax without having to change or rework the contract each year.

Mr. Greene also mentioned one additional change to the contract:

Item #9 was changed to include: This agreement shall become effective as of July 1, and shall automatically renew annually on July 1st each year.

Mr. Greene stated that other changes consisted of the correction of typos and insertion of titles such as the Office of the State Fire Marshal and Emergency Medical Services System Plan.

Mr. Greene stated that upon approval by the Board, he would deliver these contracts to the Fire Department chiefs to obtain the appropriate signatures.

Chairman Robertson suggested adding the provision that would allow the County to conduct random audits of the fire departments at the County’s expense. Chairman Robertson stated that one or two departments could be audited each year if needed. Commissioner Harbinson agreed.

Chairman Robertson briefly discussed Item #4 of the contract and asked if each fire department usually provided a certificate of insurance to the County to show proof of Worker’s Compensation, Liability insurance, etc. Mr. Greene replied that the fire departments had never been required to do so but he assured Chairman Robertson that each fire department did have the appropriate coverage. Chairman Robertson felt that it would be a good idea to have a certificate from each fire department.

Commissioner Keever made a motion to approve the fire department contracts as presented and to include the changes discussed. Commissioner Harbinson seconded the motion. The Board voted unanimously in favor of the motion.

ALEXANDER RESCUE SQUAD & EMS, INC. CONTRACTS

Keith Millsaps, President of the Rescue Squad Board of Directors, presented the Rescue Contract totaling a cost of $35,000 and the Secondary Emergency Medical Service Contract totaling a cost of $15,000.

Commissioner Keever pointed out that the Board had only approved a budget of approximately $36,000 for the Rescue Squad and could not approve both of the contracts since they would total $50,000. Therefore, Commissioner Keever suggested the Board only approve the Rescue Contract totaling $35,000 and postpone approving the Secondary Emergency Medical Service Contract to allow staff time to review the Rescue Squad budget and make some revisions if possible.

Mr. Millsaps pointed out that the numbers in the contracts were based on the original budget request given to the County and he noted that he had previously been informed that the County would be receiving funds from an insurance settlement of which would be placed in the appropriation for the Rescue Squad.

Commissioner Keever stated that the insurance settlement had not yet been received so the Board could not approve the funding.

Commissioner Keever made a motion to approve the Rescue Contract for Alexander County and postpone the Secondary Emergency Medical Service Contract for further review. Commissioner Keever seconded the motion. The Board voted 3 in favor of the motion (Commissioners Hammer, Keever, and Robertson) and one against the motion (Commissioner Harbinson). The motion carried.

Commissioner Keever suggested that Rick French, County Manager, meet with the EMS Director as well as a representative from the Rescue Squad to discuss the Rescue Squad budget and the contracts.

END OF FISCAL YEAR BUDGET ORDINANCE AMENDMENTS #63 - #71

Rick French, County Manager, discussed the purpose of Budget Amendments #63 - #71, which included the following information:

    1. Budget Amendment #63 – To increase the budget for the DARE golf tournament proceeds.
    2. Budget Amendment #64 – To increase the budget for the prison sewer pump station project.
    3. Budget Amendment #65 – To budget for a transfer to the Taylor King Grant Fund – local portion of the prison sewer pump station project.
    4. Budget Amendment #66 – To increase the budget for the Fire District Funds.
    5. Budget Amendment #67 – To increase the budget for the Solid Waste Fund and Enterprise Capital Reserve Fund.
    6. Budget Amendment #68 – To increase the budget for the Water Administration Fund and the Water Interconnect Fund.
    7. Budget Amendment #69 – To budget for a transfer from Contingency into several departmental budgets to clean up items for the end of the budget year.
    8. Budget Amendment #70 – To budget for a transfer to the Emergency 911 Fund.
    9. Budget Amendment #71 – To transfer funds for merit bonuses paid in June 2003.

Commissioner Hammer made a motion to approve Budget Amendments #63 - #71. Commissioner Keever seconded the motion. The Board voted unanimously in favor of the motion.

BOARD APPOINTMENTS AND REAPPOINTMENTS

Commissioner Hammer presented the following appointments and reappointments:

    1. DSS BOARD
    2. Appoint Commissioner Keever (replacing David Odom)

    3. HEALTH BOARD
    4. Appoint Dwight Shook 3 years

    5. CVCC BOARD OF TRUSEES
    6. Reappoint Dr. Josephine Foster 3 years

    7. WESTERN NC COALITION
    8. Appoint Commissioner Harbinson (replacing Commissioner Keever)

    9. TOWN OF TAYLORSVILLE PLANNING BOARD
    10. Reappoint Kathleen Gwaltney 3 years

      Reappoint Sallie Hartis 3 years

    11. HUMAN RELATIONS COUNCIL
    12. Appoint Ray Combs 2 years

      Appoint Jim Propst 2 years

      Appoint Sue Watts 2 years

      Reappoint Margo Mosley 2 years

    13. JURY COMMISSION

Reappoint Lahoma Warren 2 years

Commissioner Hammer made a motion to approve the appointments and reappointments as presented. Commissioner Harbinson seconded the motion. The Board voted unanimously in favor of the motion.

OTHER BUSINESS

The following items were discussed during Other Business:

    1. Rick French, County Manager, informed the Board that Alexander County 911 Communications had received a $39,497 grant from the Public Safety Foundation of America to expedite E911 Emergency Services. Mr. French gave special thanks to Terry Foxx, Emergency Management Director, who worked hard to help get the grant.
    2. Commissioner Harbinson personally thanked Mr. Foxx for his work on the grant and he noted that Alexander County was the only county in North Carolina to receive this grant.

    3. Mr. French informed the Board that the large willow oak tree on the Courthouse lawn needed to be removed. Mr. French presented a letter from Dennis Wahlers, County Ranger, which pointed out several problems with the tree including damage from being hit by lightning, damage from tree topping, heart rot, and possible slime flux disease.

Chairman Robertson suggested that this issue be considered at the August 4, 2003 Commissioners’ Meeting.

CONSENT AGENDA

  1. Tax Release Requests for June $1,230.65 and Tax Refund Requests for June $961.40.
  2. Minutes from May 27, 2003 Special Called Meeting; June 2, 2003 Regular Meeting; June 9, 2003 Budget Work Session; June 16, 2003 Regular Meeting; and June 26, 2003 Special Called Meeting.

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

RECESS

Commissioner Keever made a motion to allow a short recess to await the return of the Planning & Zoning Commission. Commissioner Harbinson seconded the motion. The Board voted unanimously. The time was 7:30 PM.

RECONVENING OF THE MEETING WITH THE PLANNING & ZONING COMMISSION

At 7:41 PM, the Planning & Zoning Commission returned to the meeting. Sylvia Turnmire, Director of Planning & Development, stated that the Planning & Zoning Commission agreed to change the wording under 154.280(G) and 154.281(G) to read "but is currently suitable for use as a habitable dwelling unit" as requested by Chairman Robertson.

Lloyd Jarvis, Planning & Zoning Commission Chairman, informed the Board that after discussing and reviewing the metal roof and metal siding issue for singlewides, the Planning & Zoning Commission had agreed to make a recommendation that any singlewide mobile home located in Alexander County that was currently suitable as a habitable dwelling could be replaced with a newer model manufactured home, to be determined by the manufacturer’s date, as long as the manufactured home met all minimum requirements. Mr. Jarvis gave explained that an individual that owned a 1985 mobile home on an existing lot could purchase a 1999 model as an upgrade, even if it had a metal roof and metal siding. However, Mr. Jarvis clarified that upgrading did not allow going from 2 bedrooms to 3 bedrooms, but that it simply addressed upgrading to a newer model manufactured home.

Commissioner Harbinson asked if placing a manufactured home with a metal roof and metal siding on a vacant lot would be considered an upgrade. Commissioner Harbinson felt that placing a manufactured home on a vacant lot would be classified as an upgrade. Don Harrington, Planning & Zoning Commission Member, stated that it was not the intent of the Planning & Zoning Commission to allow just any mobile home to be placed on a vacant lot as an upgrade. Mr. Harrington explained that allowing such would mean that an individual could place any model manufactured home on a vacant lot, which would put the County in the same situation as before the appearance criteria was adopted.

Commissioner Keever stated that he didn’t see a problem as long as the mobile home met the necessary requirements.

Commissioner Harbinson discussed Tim Hayes’ situation with bringing in a newer manufactured home into the county from another county. Commissioner Harbinson suggested the possibility of only allowing mobile homes manufactured within the last 5 years to be moved from another county and placed on a vacant lot.

Commissioner Keever stated that he did not understand the objection to manufactured homes having metal roofs when owners of stick-built homes were replacing shingled roofs with the metal roofs. Commissioner Keever noted that a metal roof would, in fact, last longer than a shingled roof. Commissioner Keever felt that the County was being more restrictive on the mobile homes, which accounted for over 50% of the homes in Alexander County.

Commissioner Hammer stated that he did not have a problem with a metal roof either and he asked Doug Kerley, Building Codes Administrator, if he had ever encountered any major problems with a metal roof on a manufactured home. Mr. Kerley replied that he really did not observe the roofs when he performed inspections on manufactured homes. Mr. Kerley stated that he only looked at electrical, plumbing, and set-up of manufactured homes.

Chairman Robertson addressed Mr. Hayes on his situation. Mr. Hayes replied that the mobile home that he was interested had already been sold. However, Mr. Hayes suggested that the Board possibly look into only allowing manufactured homes into the County that could be financed through a bank since a bank would not finance a manufacture home that was not structurally sound.

Chairman Robertson stated that it was his understanding when the appearance criteria was adopted that the manufactured housing industry was moving away from the metal roof and metal siding. Ms. Turnmire replied that manufacturers stopped making metal on metal doublewides in 1988 and metal on metal singlewides in 1999.

Chairman Robertson suggested, since the industry was moving away from the metal on metal, adopting the upgrade recommendation as an intermediate measure to give the Planning & Zoning Commission time to review the issue further.

Commissioner Harbinson made a motion to approve the recommendations submitted by the Planning & Zoning Commission regarding homes being brought into the county, the relocation of mobile homes located in the County at the time of the adoption of the appearance criteria as well as the recommendation concerning the upgrading of manufactured housing as an intermediate measure to allow the Planning & Zoning Commission time to other items discussed. Commissioner Keever seconded the motion. The Board voted unanimously in favor of the motion.

Chairman Robertson conveyed his appreciation to the Planning & Zoning Commission and staff for their hard work and willingness to hear the Board’s suggestions.

CLOSED SESSION – 143-318.11(a)(6) PERSONNEL

Commissioner Harbinson made a motion to enter into Closed Session at 8:00 PM to discuss personnel issues pursuant to N.C.G.S. 143-318.11(a)(6). Commissioner Keever seconded the motion. The Board voted unanimously in favor of the motion.

ADJOURNMENT

There being no further business, Commissioner Harbinson made a motion to adjourn at 8:30 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