Draft

March 15, 2004

The Alexander County Board of Commissioners held a regular meeting on Monday, March 15, 2004 in the Catawba Valley Community College / Alexander Center Multipurpose Room, Taylorsville, North Carolina.

CALL TO ORDER

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

INVOCATION & PLEDGE OF ALLEGIANCE

Commissioner Bolick gave the invocation and Emily Caldwell, student at Sugar Loaf Elementary School, led the Pledge of Allegiance to the Flag.

CHAIRMAN’S REPORT

Chairman Keever stated that he had visited the Morganton Municipal Auditorium, which he stated was a very nice auditorium.  Chairman Keever stated that he was very impressed with the auditorium’s structure and schedule of programs and he noted that he hoped for the same type of operation for the new auditorium in Alexander County.

***SPECIAL RECOGNITIONS***

Commissioner Harbinson discussed the new Alexander Correctional Institution at which a ribbon cutting ceremony would be held on Tuesday, March 16, 2004.  Commissioner Harbinson stated that the prison was the result of much effort, persistence, and hard work and he discussed the benefits of having this facility in Alexander County, which including the following:

TOP TEN BENEFITS OF THE ALEXANDER CORRECTIONAL INSTITUTION TO THE CITIZENS AND TAXPAYERS OF ALEXANDER COUNTY

Alexander County paid $1.3 million for the land and water and sewer accommodations as an incentive for the State of North Carolina to construct, with State funds, an $80 million State prison in Alexander County – one of the largest in the State-funded projects in the history of western North Carolina.  As a result, the citizens and taxpayers of Alexander County have already received or will receive the following benefits:

1.       The sum of $83,000 paid by the State to the County for a building permit fee for construction of the new prison.

2.       A new $2.8 million State-funded regional juvenile detention center at the location of the old prison unit creating 35 jobs.

3.       The employment of approximately 200 construction workers during the 2-year building phase of the prison.

4.       The use of local vendors during the construction process such as McLeod-Feimster Hardware, Lowe’s Foods, Sipe Lumber Company, and Rogers Mills.

5.       A gift from the State of 25 acres located behind the new juvenile detention center at the intersection of Highway 16 South and Highway 64 Bypass across from Wal-Mart worth about $1.1 million for future County use.

6.       An increase in local sales tax revenues from the $18 million annual operational costs of the prison (which is mostly payroll) in the purchase of local products and services from local businesses by the prison and prison employees.

7.       An increase in the local property tax base from businesses being built along Highway 16 South due, at least in part, to the location of the prison such as Bojangle’s, Wendy’s, the Coffee House, the State Employees’ Credit Union, and Catawba Valley Medical Center's Family Medicine Associates.

8.       Benefits to the Town of Taylorsville from double sewer rates received from the prison with the future possibility of annexing the prison adding the 1,000 inmates as “citizens” for Census purposes (even though the prisoners cannot vote and would not receive any Town services) thereby increasing substantially the Federal and State revenue-sharing funds the Town would receive.

9.       An annual savings to the County of a minimum of $50,000 in meals supplied to inmates in the County jail.

10.  The creation of between 420-460 good-paying, recession-proof jobs with State benefits at the prison with the prospect of another 300-500 jobs in the future at no additional expense to the County when a prison hospital is constructed within the next 5 years.

Commissioner Harbinson also mentioned that Michele Hoyman, Ph.D, a Political Science Professor from UNC Chapel Hill, had completed a study of State prisons and their location over the last 20 years.  Her report included the following information:

“North Carolina has used its need for increased prison capacity to help facilitate economic growth in poor, rural communities.  The feared stigmas associated with the flourishing of “prison towns” have not materialized, nor has the oft-cited concerns of increased crime, lowered property value, and overall decrease in quality of life.  Why have the counties with prisons tended to view them as economic development trophies?  The main reason rests in the associated jobs.  The prison sitings in recent years have tended to go to counties without many other economic development opportunities.  These communities have found a vehicle for economic stability that provides countywide benefits in the form of employment opportunities and a steady consumption of local goods and services.  While no two locales will report exactly the same results of having a prison in its community, some general observations can be drawn based on NC data.   Based on contextual case study information and economic trend data, it appears prisons have been and continue to contribute positively to the economic status of rural NC communities that pursue this vehicle as an economic development strategy.”

Commissioner Harbinson stated that Alexander County almost didn’t get a prison in 2001; however, he explained that a group of people went to Raleigh to lobby the NC Department of Correction, the General Assembly, and the Governor’s Office for the prison.  Commissioner Harbinson stated that the group pointed out to individuals in these offices the economic impact that the prison would have in Alexander County and the fact that it would create many jobs.  Commissioner Harbinson noted that staff soon learned after the trip that Alexander County would be included in the 3 counties to receive a State prison.

Commissioner Harbinson stated that he wished to recognize those individuals who went on the trip to Raleigh to convey his appreciation for their part in helping to establish the Alexander Correctional Institution.  Commissioner Harbinson, at his own expense, presented Keys to the County to the following individuals:

Glenn Fox, Chamber of Commerce Vice-Chairman, stated that, being a lifelong resident of Alexander County, he had always been concerned with economic growth and job opportunities.  Mr. Fox felt that Alexander County was often overlooked by the legislature in Raleigh since it was one of the smallest counties in the State; however, he noted that the Alexander Correctional Institution would be a lasting investment for employment and economic development.  Mr. Fox stated that on a recent tour of the prison facility, a correctional officer told him that many citizens didn’t realize what an economic boost the prison would be for the County.  Mr. Fox stated that he was proud of the facility and felt that any fears of security would soon be alleviated.

Keith Hertzler, Chamber of Commerce Executive Director, stated that he and the Chamber of Commerce had greatly supported the prison because of the many jobs it would provide the County.  Mr. Hertzler stated that during a tour he had taken of the facility on March 2, 2004, many guards shook his hand and thanked him for their jobs.  Mr. Hertzler noted that money would be spent in Alexander County due to the prison and he also felt that the fears of security would fade away with time.

Ronnie Robinette, Town Commissioner, stated that he had 2 separate interests in getting a new prison when discussions began; one as a Town commissioner and the other as a Department of Correction employee.  Mr. Robinette stated that Town officials quickly saw the economic benefits of having this facility and he accepted the Key to the County in honor of all the citizens, rich and poor, young and old, that fought to get the prison built in Alexander County.  Mr. Robinette stated that he hoped the new prison would be as good of a neighbor as the old prison was.

Ben Hines, Register of Deeds, stated that when he was asked to take the trip to Raleigh to lobby for the new prison, he had just been to the Waldorf plant that had been closed and had noticed the grass growing in the parking lot.  Mr. Hines stated that he felt that many citizens would have jobs if the County received a new prison, which meant that there would be a parking lot with no grass growing in it.  Mr. Hines stated that once in a while a window of opportunity comes along and he felt that the invitation to take the trip to Raleigh was no exception.  Mr. Hines stated that he and the others met with Representative Aaron Plyler as well as other State Representatives and officials from the Governor’s Office for which he was honored to be apart of.  Mr. Hines also conveyed his appreciation for being allowed to take part in the groundbreaking ceremony in November 2001.

Seth Chapman, Clerk of Court, was not able to attend the meeting.  Commissioner Harbinson explained that Mr. Chapman was involved in a murder trial at the Courthouse and he noted that he would accept the Key to the County on Mr. Chapman’s behalf.

Ray Warren, former Sheriff of Alexander County, stated that he felt a new prison was a good opportunity for the County from day one.  Mr. Warren mentioned that his friend Senator Fountain Odom worked diligently with County officials to get a prison worked into the budget for Alexander County; however, many ups and downs would follow.  Mr. Warren conveyed his appreciation to all those who went on the trip to Raleigh as well as all State and County officials and citizens that made the prison possible.  Mr. Warren felt that the prison would be a provider of jobs and economic growth for Alexander County.

Commissioner Harbinson informed the Board and audience that Mr. Warren was the most instrumental person in making the prison a reality.  Commissioner Harbinson explained that approximately 10 years ago, Mr. Warren traveled to Raleigh as soon as he received word that the former prison would be closing in order to get Alexander County on the list for a new correctional facility.  Commissioner Harbinson also thanked Mr. Warren for his part in getting the State to deed 25 acres of property, worth $1.1 million, behind the old prison to the County.

John Watts, former County Commissioner, stated that the responsibility of an elected official was to determine how consequences of actions taken would affect the citizens 10, 15, or 20 years in the future.  Mr. Watts felt that vision was what made a good leader and he noted that he, David Odom, and Joel Harbinson had a vision of a new state prison in Alexander County.  Mr. Watts felt that the new prison would be an economic engine for the County, creating many new jobs for Alexander County residents.  Mr. Watts also noted that those initially opposed to the prison had adapted the philosophy to make the best of the new facility and he felt that the prison and the CVCC / Alexander Center was the most important projects that took place during his tenure as commissioner.

David Odom, Town Manager and former County Commissioner, thanked the Governor, State legislature, and the citizens of the County for their investment in the prison facility.  Mr. Odom spoke on the bonds of brotherhood and stated that the first bond was his family support.  He stated that his parents, brothers, wife, and friends supported him and stood behind his decisions, which played a large role in his ability to stand firm on commitments made as an elected official.  However, Mr. Odom stated that the irony of the situation was that his brother, who was employed with the Department of Correction for over 21 years, would unfortunately not be employed with the new prison.  Mr. Odom stated that the second bond of brotherhood was the bipartisan leadership that was in place during discussions of obtaining a new prison.  Mr. Odom mentioned that 5 men including himself, John Watts, Joel Harbinson, Darrell Robertson, and Wes Bolick, had the opportunity to debate the merits of spending $1.3 million for property to deed to the State for the new prison facility.  He stated that the expenditure came down to finance and placement only, even though some saw the debates as political feuds.  Mr. Odom stated that that the County could’ve had a substantial tax cut that year if the property for the prison had not been purchased, which was why Commissioners Bolick and Robertson took the position they did in not voting in favor of the prison; however, he noted that he, Mr. Watts, and Mr. Harbinson felt that a prison would benefit the County economically and surpass the $1.3 million invested.  Mr. Odom stated that Commissioners Bolick and Robertson took into consideration that citizens were afraid to have a high-security prison in their back yard.   He stated that he respected the position that Commissioners Bolick and Robertson took because they were simply against spending local funds for a State project.  Mr. Odom pointed out that Commissioner Bolick said in the final hearing for the prison that he was against the prison, but if a prison was to come to Alexander County, he hoped it was the best it could be.  Mr. Odom stated that the new prison was the most modern prison and the largest expenditure of State funds for economic development in western NC.  Mr. Odom stated that the third bond of brotherhood was the friendship gained between himself, Mr. Watts, and Mr. Harbinson and the decision they made to strive for better education and the chance to give their children better opportunities than they had.  He felt that additional classrooms, higher quality teachers, an auditorium, and the prison would provide those opportunities.  Mr. Odom challenged the citizens to strive to leave the County in better shape than they found it for their children and grandchildren to enjoy.  Mr. Odom thanked the Town and County agencies that worked together on the prison and he noted that progress came at a cost but that it waited on nobody.

Commissioner Harbinson also presented Keys to the County to David Icenhour, Human Resources / Economic Development Director, and County Manager Rick French who also went on the trip to Raleigh.

Commissioner Harbinson discussed an article he viewed on the Internet recently in regard to Caldwell County Commission’s recent trip to Raleigh to lobby for a prison.  Commissioner Harbinson also stated that Wilkes County had visited the Alexander Correctional Institution and he noted that Burke County was trying to get a prison as well as Iredell County.

Commissioner Bolick stated that during the initial conversation about obtaining a State prison, he was aware that many people had fears about a prison being in the County.  Commissioner Bolick stated that because of this, he visited several prisons and actually went to people’s homes to talk to them about the fear factor.  Commissioner Bolick stated that his concern was spending $1.3 million for property that would be given to the State; however, he noted that he did, in fact, say that if a prison was to come to Alexander County, he hoped that it would be the best.  Commissioner Bolick stated that he now felt that this prison would be the best, especially with the work of Forgiven Ministries which he was involved in.   Commissioner Bolick explained that Forgiven Ministries was a Christian organization that worked with the prison to allow inmates to spend quality time with their children, sometimes on retreats away from prison walls.

Commissioner Harbinson encouraged the citizens of the County to take part in a tour of the prison this weekend.  Commissioner Harbinson stated that tours would be held on Saturday, March 20, 2004 from 10:00 AM to 4:00 PM and on Sunday, March 21, 2004 from 2:00 PM to 6:00 PM.

ADOPTION OF AGENDA

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

PUBLIC HEARING:   REZONING CASE 04-2:  ARCHER

Sylvia Turnmire, Director of Planning & Development, presented Rezoning Case 04-2 submitted by Donald Archer and Thomas Archer.  Donald & Thomas Archer requested rezoning of property owned by Carlton and Robbie Crouch located at 77 NC Highway 90 East from RA-20 (Residential-Agricultural) to L-I (Light-Industrial).  The size of the property area is 17.62 acres and the current land use is single-family site-built residential.  Ms. Turnmire stated that zoning within 100 feet of the property was RA-20 and L-I to the north and west and RA-20 to the south and east.  There is a vacant industrial building and single-family site-built residential to the north, single-family site-built residential and vacant property to the south, single-family site-built homes and singlewide manufactured homes to the east as well as offices, retail, a vacant commercial building, and vacant property to the west.

Ms. Turnmire stated that the applicant wished to rezone the property to allow for a propane retail sales and bulk storage facility.  The property is served by a 12-inch water line, an individual septic tank, and the railroad.  Ms. Turnmire stated that the railroad right-of-way width was 50-feet from the center.  Ms. Turnmire informed the Board that the applicant also wished to construct an access road parallel to the railroad right-of-way at a distance of 25-feet from the center.  She noted that the owners of the railroad had agreed to the request.

Ms. Turnmire stated that the purpose of the L-I district was to “provide for the development of areas devoted to light manufacturing, processing and assembly use, warehousing, distribution, and servicing enterprises and limited office activities controlled by performance standards to limit the effect of such uses on uses within the district and adjacent districts.”

The Alexander County Land Development Plan shows these properties as being in a “Limited Transition Area” which is “to provide for development in areas that will have some services but 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 of services such as community water or sewage systems.  Generally, the areas along the major corridors are designed as the Limited Transition Classification.”

Ms. Turnmire stated that with the exception of public sewer, the property had characteristics indicative of those in a commercial or industrial district, including highway and railroad access, public water, sufficient property, as well as adjacent commercial and industrial zoning districts.

Ms. Turnmire distributed information regarding the history of Lake Norman Propane as well as the NC Department of Agriculture requirements for bulk storage facilities.  Ms. Turnmire also presented a protest petition filed by adjoining property owners, which was certified to be a valid petition, meeting all requirements of the NC General Statutes and the Zoning Ordinance.

Ms. Turnmire informed the Board that the Planning & Zoning Commission reviewed the rezoning request on March 4, 2004 and unanimously recommended approval of the rezoning request.

Commissioner Robertson pointed out that natural gas was also available on Highway 90.

Commissioner Bolick felt that the access road would be very close to the railroad if constructed at 25 feet and he asked if it would meet State guidelines.  Ms. Turnmire replied that the access road would be constructed to State guidelines and she added that the railroad had agreed to the construction of the access road.  Chairman Keever noted that there were several spots along Highway 90 where the road came within 5 feet of the railroad.

Chairman Keever called the public hearing to order and request any public comment. 

            Public Comment

Don Archer, Vice-President and General Manager of Lake Norman Propane, informed the Board that the company was established in 1991 and went into business in 1992.  The company started out in Cornelius and then expanded to Denver.  Mr. Archer stated that Lake Norman Propane was a retail propane company that sold propane tanks, which they installed and serviced, as well as appliances such as space heaters, vented heaters, gas logs, wood stoves, and gas grills.  Mr. Archer stated that they were currently working out of 6 counties and he noted that they wished to locate in Alexander County so that they could also have a presence in Iredell and Catawba Counties.  He felt that the benefit to Alexander County would be more competition as well as better prices and better service.  Mr. Archer stated that Lake Norman Propane strived to elevate the stature of propane companies by providing excellent services and up-to-date facilities and equipment.

Commissioner Bolick asked Mr. Archer if he had received complaints from neighbors adjoining the Lake Norman Propane properties.  Mr. Archer stated that he had never received a complaint. 

Chairman Keever stated that it was very rare that an accident occurred with a propane tank and he felt that a propane business was not hazardous.  Mr. Archer agreed and explained that Lake Norman Propane had a 3-fold safety system which provided 2 extra backups if one system failed to provide the ultimate protection.

Commissioner Robertson asked if the company planned to expand in the future.  Mr. Archer replied that the company would expand if business was good.  He noted that it depended on the growth of the area and the business.

Chairman Keever asked how many employees the company would hire.  Mr. Archer replied that the company would hire 4 employees.

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

Commissioner Robertson requested to recuse himself from voting on the rezoning since he was distant member of the family.  Commissioner Bolick made a motion to recuse Commissioner Robertson from voting.  Commissioner Hammer seconded the motion.  The Board voted unanimously in favor of the motion.

Commissioner Harbinson made a motion to approve Rezoning Case 04-2.  Commissioner Hammer seconded the motion.  The Board voted 4 in favor of the motion (Commissioners Bolick, Hammer, Harbinson, and Keever) and one recusal (Commissioner Robertson).  The motion carried.

PUBLIC HEARING:   CONDITIONAL USE PERMIT 04-2:  HOMER BAITY ESTATE

Sylvia Turnmire, Director of Planning & Development, presented Conditional Use Permit 04-2 for approval of the construction of a lodge supporting professional training classes.  The applicant is Fred McIlvain and the property belongs to the Homer Baity Estate.

Ms. Turnmire stated that the property was located at 4817 Old Vashti Road.  The size of the property is 72.157 acres and the existing land use is residential.  Ms. Turnmire stated that zoning within 100 feet of the property was RA-20 to the north, south, east, and west.   There is single-family site-built residential, agricultural, and vacant property to the north and agricultural and vacant property to the south.  To the east of the property there is single-family site-built residential, singlewide manufactured homes, and vacant property and to the west there is a doublewide manufactured home, agricultural, and vacant property.

Ms. Turnmire explained that Mr. McIlvain requested approval to build a lodge, ranging from 10,000 to 12,000 square feet in size, which would support professional training classes ranging from one to three week intervals.  Ms. Turnmire stated that individuals would reside at the lodge for the duration of their training class.

Ms. Turnmire stated that the property was located within the protected area of Watershed Classification II, meaning that the project would be limited to 12% built-upon area or impervious surface.  Any structures would be required to meet a setback of 30 feet from the pond and stream located on the property.

Ms. Turnmire stated that there was a 75 year old house existing on the property that would possibly be torn down.  According to the realtor, a bathroom was added onto the house in the 1960’s prior to environmental health regulations.  Ms. Turnmire stated that the heirs of the estate were unaware of what type of septic system existed.  Ms. Turnmire also noted that Mr. McIlvain had not spoken with the Health Department for evaluation of the existing septic system or what might be required for the proposed structure.

Ms. Turnmire stated that uses such as retreats, campgrounds, lodging establishments, and bed & breakfasts were allowed by the Zoning Ordinance in RA-20 as a conditional use granted by the Board of County Commissioners.  However, Ms. Turnmire stated that the Board could place conditions on the request such as hours of operation for the training classes, maximum duration of the class, etc.   Ms. Turnmire recommended the following conditions be placed upon the conditional use permit if approved:

1.        The permit is conditionally approved for the use of a lodging establishment, more specifically, to include the training of service/office professionals only.

2.        Any other use or an addition to the proposed use, other than incidental accessory uses such as a storage building, would require review by the Board of Commissioners.

3.        Any training to take place outdoors shall only occur between the hours of 8:00 am and 5:00 pm.

4.        The applicant will construct a landscape buffer surrounding the acre of use that equals or exceeds the standards of the Zoning Ordinance.

5.        All other applicable requirements of the Watershed and Zoning Ordinances are adhered to.

Ms. Turnmire stated that a public notice had been published in The Taylorsville Times, letters had been sent to property owners within 100 feet of the subject property, and a sign had been posted at the property.  Ms. Turnmire informed the Board that staff had received several calls regarding the request including one call for information and a second call for information and to state opposition to the request.

Commissioner Bolick inquired about the type of training that would be taking place in the lodge.  Ms. Turnmire stated that Mr. McIlvain would provide training to medical professionals.

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

            Public Comment

Fred McIlvain distributed pictures of a lodge located in North Georgia that provided a similar type of operation.  Mr. McIlvain explained that the training would be continuing education for complementary medical professionals such as massage therapists, acupuncturists, chiropractors, etc.   He informed the Board that the lodge in Georgia, which has been in operation for approximately 12 years, usually held 4 one-week classes per year, 4 three-week classes per year, and a few weekend classes per year.  Mr. McIlvain stated that this would be a very low-key operation with no signage or newspaper advertising or noise pollution and he noted that the trainees would remain inside the building during class.  Mr. McIlvain informed the Board that the medical professionals that would be training at the lodge wanted to be somewhere quiet, peaceful, and serene so they would not be bothered by noise that would affect their ability to concentrate on their studies.   He felt that this lodge would benefit the County by establishing a nice tax base at no cost to the County as well as providing 4 to 8 jobs.  Mr. McIlvain stated that he planned to remodel the existing house if possible in order for him and his wife to occupy; however, he noted that he did not have a time frame established for when the proposed lodge would be built.  He stated that it could be a couple years before the lodge would actually be constructed and opened.  Mr. McIlvain stated that he had built in excess of 85 new homes in Alexander County over the last 5 years and he therefore felt that he had provided some betterment for the County.

Chairman Keever asked Mr. McIlvain if he planned to develop the property as a subdivision.  Mr. McIlvain replied that he did plan to build some additional houses at some time for individuals associated with the facility; however, he noted that the homes would conform to the subdivision regulations as well as the Watershed Classification regulations.  Mr. McIlvain also stated that he planned to purchase the 5 lots in front of the subject property and he also planned to build a new house for himself and his wife in the future.

Commissioner Robertson asked if the lodge would be associated with any other business or organization.  Mr. McIlvain replied that the lodge would be a private establishment with no ties to any other business or association.

Commissioner Robertson asked if the lodge would be available for use by others such as businesses or groups for retreats and meetings.  Mr. McIlvain replied that the lodge would only be available for those which it was being built for – medical professionals.

Commissioner Robertson asked Mr. McIlvain if he was aware of the 5 conditions recommended by Planning & Development staff and if he would agree to those conditions.  Mr. McIlvain stated that he would agree to and abide by those conditions.

Commissioner Hammer asked if the lodge would provide adequate space for dining and lodging for the trainees.  Mr. McIlvain replied that the lodge would have guest rooms, some with private baths and some with shared baths, a dining hall, sitting areas with fireplaces, classrooms, etc.

Commissioner Robertson asked how many people would participate in a class.  Mr. McIlvain replied that the class sizes at the lodge in Georgia ranged from 15 on the low side to 30 on the high side and he noted that he expected about the same amount for the proposed lodge.

Several citizens from the Vashti area were present at the meeting and spoke out that they didn’t want the lodge in their community. 

Carol Anne Marlowe stated that a doctor or an acupuncturist couldn’t be trained in 1 to 3 weeks and she noted that she wouldn’t want any type of doctor working on her that had only had 1 to 3 weeks of training.

Mr. McIlvain clarified that the people coming to the lodge would already be licensed professionals and would only being coming for continuing education in their medical field.  Mr. McIlvain also stated that doctors and surgeons would not attend training at the lodge, only complementary medical professionals such as massage therapists, acupuncturists, and chiropractors.

Lloyd Jarvis informed the Board that the Vashti community felt that they had been blind-sided.  Mr. Jarvis stated that he understood that the law only required for notices to be send to adjoining property owners; however, he noted that this left out almost the entire Vashti community, which would be impacted if this proposal was approved.  Mr. Jarvis stated that the Ball Park Revitalization Committee, of which he was a member of, had not been notified and he informed the Board that the ball park was just across the street from the subject property.  Mr. Jarvis stated that he thought the problem was that the community did not fully understand exactly what was going to be placed on this property.  Therefore, Mr. Jarvis suggested that a meeting be held with Mr. McIlvain so that the community members could ask questions about what was being proposed.  Mr. Jarvis suggested that Billy Millsaps, Mr. McIlvain’s realtor, be present as well as members of the Baity family.  He also suggested that this issue be brought back to the Board of Commissioners after the community meeting for the final vote.

Dale McCurdy stated that he grew tobacco across the street from the subject property.  Mr. McCurdy pointed out the he used some sprays and chicken litter that would produce a lot of odor that would noticeable to the trainees at the lodge.

Rick Prince stated that he was concerned about the kind of people that would be staying at the lodge for 1 to 3 weeks.  Mr. Prince stated that these people would be coming from different places and different backgrounds and he conveyed his concern about what the trainees would do at night after their class was over.  Mr. Prince stated that it was 8 or 10 miles to the nearest convenience store and he noted that there were no restaurants in the area.  Mr. Prince stated that he was concerned that these strangers would be near kids playing in their back yards.  

One citizen asked if a petition would stop this action.  Chairman Keever stated that there was no guarantee that a petition would stop the proposal and he explained that it was simply a judgment call by the Board based on information presented.

Donald Baity stated that everyone had rights and he thanked God for the right to be able to speak regarding this issue.  Mr. Baity stated that the citizens of Vashti had a right to object to him selling his land to Mr. McIlvain; however, he noted that he had a right to sell his land if he wanted.  Mr. Baity addressed Lloyd Jarvis’ concerns about the ball field, which he noted was located on property that his father donated to the community.  Mr. Baity stated that the ball field had grown up with grass, weeds, and briars and he noted that there had not been any games played there in years because it had not been mowed or taken care of.   Mr. Baity felt that Mr. Jarvis needed to be calling everyone in the community to help clean the mess up at the ball field as well.

Jerry Baity stated that Mr. McIlvain wanted to purchase their property in order to create jobs that were needed.  Mr. Baity stated that the only reason some of the neighbors were against the sale was because they wanted to purchase the land for themselves but they didn’t want to pay them what they wanted for it.

At this time, several citizens announced that they had never been interested in purchasing the Baity’s property.

Brenda McCurdy stated that Vashti was a quiet, rural community, which was the way that the residents liked it.  Ms. McCurdy felt that Mr. McIlvain’s proposal of adding additional homes as discussed earlier would cause more noise and more traffic and she also expressed her concerns regarding what the trainees would be doing after hours.  Ms. McCurdy stated that there would be a possibility of parties, resulting in possible drinking and driving.  Ms. McCurdy informed the Board that the community had already experienced more noise and traffic due to a business locating in the area, even on the Sabbath.  Ms. McCurdy noted that progress was o.k. but that it wasn’t wanted in Vashti.

Carol Anne Marlowe stated that the citizens liked their parade and they liked it quiet.

Shawn Marlowe stated that he had approximately 30 cows and he expressed his concerns that out-of-towners coming to the lodge may bother his cows.  Mr. Marlowe felt that these people could possibly throw beer bottles across the fence into his pasture.  He stated that the cows would eat the bottles and the glass would cut their stomachs.  Mr. Marlowe stated that he had already lost too many cows, which were like pets to him, due to them eating glass bottles.  Mr. Marlowe also stated that he and his father spread chicken litter occasionally which would cause an odor.

Commissioner Hammer stated that he and the entire Board had received several requests for County water from citizens of Vashti.  He noted that the Board and staff had in the past worked on getting water to Vashti and was currently in the process of establishing lines and connections to the area when funding became available. 

At this time, many of the Vashti citizens yelled out that they didn’t want County water.  Dale McCurdy stated that they had lived without County water for the last 5 years during the droughts so they didn’t need it now.  Another citizen stated that Vashti didn’t need or want any County services while another citizen felt that getting County water would just increase taxes.

For clarification, Chairman Keever asked the group 3 times if they sincerely did not wish to receive County water and each time the citizens replied that they did not want County water or services.

Carol Anne Marlowe asked Mr. McIlvain what the trainees would be doing after hours.  Mr. McIlvain replied that they would be studying, reviewing their lessons, eating, and sleeping and that they would not leave the property.  Mr. McIlvain also stated that he and his wife would love to build this lodge on this property; however, he noted that if the citizens did not want him there he would go somewhere else.  Mr. McIlvain noted that he felt that the Board would be doing the County a real disservice if the request was turned down.

Brenda McCurdy stated that they weren’t worried about the County; they were only worried about their community.

There being no further 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 Harbinson requested to recuse himself from voting since his law firm had worked with the Baity Estate in the past.  Commissioner Harbinson felt it would be a conflict of interest if he voted.  Commissioner Robertson made a motion to recuse Commissioner Harbinson from voting.  Commissioner Bolick seconded the motion.  The Board voted unanimously in favor of the motion.

Commissioner Robertson made a motion to approve Conditional Use Permit 04-2 with conditions outlined by the Planning & Development Staff.  Commissioner Keever seconded the motion.  The Board voted unanimously in favor of the motion.

PUBLIC HEARING:   REZONING CASE 04-3:  HARDSTONE HIDDENITE, LLC

Sylvia Turnmire, Director of Planning & Development, presented Rezoning Case 04-3 submitted by Hardstone Hiddenite, LLC.  Hardstone Hiddenite, LLC requested rezoning of property owned by Taylor Togs, Inc. located on Old Mountain Road from RA-20 (Residential-Agricultural) to H-C (Highway-Commercial).   The size of the property area is 1.30 acres and .729 acre and the current land use vacant.  Ms. Turnmire stated that zoning within 100 feet of the property was RA-20 to the north, RA-20 and L-I to the south, H-C to the east, and RA-20 and H-C to the west.  There is a single-family manufactured home to the north, textile manufacturing and other manufacturing to the south, commercial to the east, and a vacant commercial building and textile manufacturing to the west.

Ms. Turnmire stated that the applicant wished to rezone the property to allow for a Dollar General retail store and she noted that a 9,100 square foot building was proposed.   Ms. Turnmire stated that the property was served by an 8-inch water line and would be served by an individual septic system.

Ms. Turnmire stated that the purpose of the H-C District was “to provide suitable locations for those commercial activities which serve primarily the traveling public, including those which function rather independently of each other.”  Ms. Turnmire noted that the Alexander County Land Development Plan showed these properties as being in an “Urban Transition Area” which is “to provide for future intensive urban development on lands that are suitable and that will be provided with the necessary urban services to support intense urban development.  Areas meeting the intent of Urban Transition classification are presently being developed for urban purposes or will be developed in the next 5 to 10 years to accommodate anticipated urban growth.”

Ms. Turnmire informed the Board that the Planning & Zoning Commission reviewed the rezoning request on March 4, 2004 and unanimously recommended approval of the rezoning request.

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

            Public Comment

Pat Cunningham, Applicant Representative, stated that a Dollar General Store in Hiddenite would employee 10 to 12 employees, 3 of which would be full-time.  Mr. Cunningham stated that the store would be a clean, quiet retail store that a person wouldn’t hesitate to take their mother to.

Commissioner Robertson asked how soon the building would be constructed.   Mr. Cunningham replied that construction would begin as soon as the building permit was received and he noted that the store should be open this coming fall.

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

Commissioner Harbinson made a motion to approve Rezoning Case 04-3.  Commissioner Robertson seconded the motion.  The Board voted unanimously in favor of the motion.

UPDATE ON HIGHWAY 127 BRIDGE JUMPER

Terry Foxx, Emergency Management / Communications Director, stated that staff received a call around 3:50 PM this afternoon regarding the possibility that someone had jumped off of the Highway 127 Bridge.  Mr. Foxx stated that he could not confirm or deny that someone had jumped; however, he noted that several witnesses had stated that they did see someone jump off the bridge. 

Mr. Foxx stated that 40 to 50 people from EMS, Rescue Squad, Bethlehem Fire Department, Sheriff’s Department, and Catawba County staff were currently dragging the river.  Mr. Foxx stated that staff was awaiting a dive team from Sherrill’s Ford and he noted that if nothing had been found within the next 30 minutes that operations would cease for the night.

ANIMAL CONTROL ORDINANCE

Terry Foxx, Emergency Management / Communications Director, presented the updated and revised Alexander County Animal Control Ordinance for the Board’s review.  Mr. Foxx stated that revisions discussed at the last work session had been made per the Board’s instructions and he noted that the ordinance had been placed at the Library, Emergency Management Office, and the County Manager’s Office for public review.  Mr. Foxx stated that he had received a few comments regarding the ordinance from a local hunting club whose concerns had been addressed to their satisfaction.

Commissioner Bolick made a motion to approve the Animal Control Ordinance as revised.  Commissioner Hammer seconded the motion.  The Board voted unanimously in favor of the motion.

PUBLIC HEARING:   INDUSTRIAL DEVELOPMENT INCENTIVE GRANT:   LAKE NORMAN PROPANE

David Icenhour, Human Resources / Economic Development Director, discussed a possible Industrial Development Incentive Grant for Lake Norman Propane.  Mr. Icenhour informed the Board that the application for the grant had been completed by Donald Archer, Vice-President and General Manager of Lake Norman Propane, and he noted that the application indicated that the company would invest approximately $750,000 in the project and create 4 new jobs.

Based on the anticipated investment, Mr. Icenhour stated that this project qualified for a Level 1 Industrial Development Incentive Grant which offered an 80% return of property taxes in the first year, 70% in the second year, 60% in the third year, 50% in the fourth year, and no grant in the fifth year.

However, Mr. Icenhour stated that due to an unexpected cost in constructing an access road to this site, he proposed that the County grant the company a Level 2 Industrial Development Incentive Grant upon the conditions that the company’s investment met the requirements for the Level 1 grant and that the proposed access road be completed by January 1, 2005.  Mr. Icenhour stated that a Level 2 grant offered a 90% return of property taxes in the first year, 80% in the second year, 70% in the third year, 60% in the fourth year, and 50% in the fifth year.   Mr. Icenhour stated that a Level 2 grant would result in a rebate of approximately $12,000 over a 5-year period based on an investment of $750,000.

Chairman Keever called the public hearing to order and request any public comment.  There being no public comment, Commissioner Bolick made a motion to close the public hearing.  Commissioner Hammer seconded the motion.  The Board voted unanimously in favor of the motion.

Commissioner Hammer made a motion to approve a Level I Industrial Development Incentive Grant for Lake Norman Propane.  Commissioner Bolick seconded the motion.  The Board voted unanimously in favor of the motion.

APPLICATION FOR IMPLEMENTATION FUNDING FOR THE RESOURCE CENTER FOR BUDGET FY 2004-2005

Chairman Keever stated that the Alexander County Resource Center was requesting the approval of the Board to submit an application of continuation of implementation funding to the Criminal Justice Partnership Program.  This application requested the amount of $60,323 for the Fiscal Year 2004-2005 for the Alexander County Resource Center for continuation of funding.

Commissioner Hammer made a motion to approve the Application of Implementation Funding for the Resource Center for FY 2004-2005.  Commissioner Bolick seconded the motion.  The Board voted unanimously in favor of the motion.

ABANDONMENT OF SR1573 / HOUSER FARM ROAD

Rick French, County Manager, stated that staff had received a letter from the NC Department of Transportation and a petition from Clay Lunsford requesting the Board to consider abandonment of less than 200 feet of Houser Farm Road.

Commissioner Robertson pointed out that there were no residents located on that portion of Houser Farm Road.

Commissioner Robertson made a motion to approve the abandonment of SR1573 Houser Farm Road as requested by the NC DOT.  Commissioner Hammer seconded the motion.  The Board voted unanimously in favor of the motion.

RESCHEDULING OF THE JULY COMMISSIONERS MEETING

Rick French, County Manager, recommended changing the July Commissioners’ Meeting from July 5, 2004, which is a County Holiday, to July 26, 2004.  Mr. French stated that this would allow a little more time to clear up some budget matters.

Commissioner Robertson made a motion to change the July 5, 2004 Commissioners’ Meeting to be held on July 26, 2004.  Commissioner Hammer seconded the motion.  The Board voted unanimously in favor of the motion.

BUDGET ORDINANCE AMENDMENT #25 - #27

Rick French, County Manager, discussed the purpose of Budget Amendments #25 - #27, which included the following information:

Budget Amendment #25 – To budget for a reallocated funding grant from the Criminal Justice Partnership Program.  To budget for a Fire Safety Grant received from the NC Division of Public Health.  To increase the budget for performance based distribution for Environmental Health – Food & Lodging.  To increase the budget for an additional funding allocation.  To increase the budget for a second $500 Wal-Mart grant received by the Library for 2003-2004.

Budget Amendment #26 – To increase the budget for a 2% cost-of-living adjustment and Christmas Bonus (COLA was effective 7/1/03).

Budget Amendment #27 – To transfer funds to the Sheriff’s Department for Communications employees paid from the Sheriff budget.

Commissioner Bolick made a motion to approve Budget Amendments #25 - #27.  Commissioner Hammer seconded the motion.  The Board voted unanimously in favor of the motion.

PROCLAMATION SUPPORTING THE RECOGNITION OF GOD AS THE FOUNDATION OF OUR NATIONAL HERITAGE

Chairman Keever presented a Proclamation Supporting the Recognition of God as the Foundation of Our National Heritage that was recently approved by the Iredell County Board of Commissioners.

Commissioner Robertson stated that when reading the Declaration of Independence it was obvious that our forefathers intended for the American people to be people of faith.

Commissioner Robertson made a motion for staff to prepare a similar proclamation for Alexander County to be considered at the April 5, 2004 Commissioners’ Meeting.  Commissioner Hammer seconded the motion.  The Board voted unanimously in favor of the motion.

Commissioner Harbinson informed the Board that Jimmy Moretz had emailed him copies of each of the 50 states’ preambles to the constitution.  Commissioner Harbinson stated that each preamble stated the same thing by recognizing God as the foundation of our heritage.

OTHER BUSINESS

Rick French, County Manager, discussed the following issues during Other Business:

A.       The Alexander County Health Department is very overcrowded and staff has been discussing several options regarding how to address this issue.  One option, which is less expensive and would provide better service for County citizens, would be to relocate and reorganize part of the County Administration Building into the Old Wittenburg School.  With this relocation, Planning & Development could be moved into the County Administration Building.   Mr. French requested the Board’s approval to move ahead with this concept so that he could report back in April with details and cost information.

The Board unanimously agreed to allow Mr. French to move forward with this option.

B.        Alexander County has been awarded a Capacity Building Grant in the amount of $40,000 from the Rural Economic Development Center.  The purpose of the grant is to assist in local planning efforts for critically needed water projects.   However, the Ellendale (Hwy 127 and Antioch Church Road) and Rocky Face projects were not funded.  Mr. French noted that staff could resubmit these projects by March 31, 2004.

C.       The Centralina Council of Governments has invited Alexander County to join a Regional Planning Alliance.  Mr. French suggested that the County not participate during the first year due to the expense of $1,027 and County involvement in other regional organizations.  Mr. French noted that the Board could review this venture next year at budget time.

D.       The NCACC District Meeting will be held on April 21, 2004 in Caldwell County from 10:00 AM to 2:00 PM for Districts 13, 14, and 15.  The NCACC Annual Legislative Briefing will be held on May 19, 2004 in Raleigh.

CONSENT AGENDA

A.          Tax Release Requests for February $1,714.59 and Tax Refund Requests for February $1,121.75.

B.           Minutes from February 16, 2004 Regular Commissioners’ Meeting.

Commissioner Robertson 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)(1, 5 & 6)  TO PREVENT THE DISCLOSURE OF CONFIDENTIAL INFORMATION, CONTRACTUAL, & PERSONNEL

Commissioner Robertson made a motion to enter into Closed Session at 8:10 PM to prevent the disclosure of confidential information as well as to discuss contractual matters and personnel issues pursuant to N.C.G.S. 143-318.11(a)(1, 5 & 6).  Commissioner Hammer seconded the motion.  The Board voted unanimously in favor of the motion.

RESOLUTION APPROVING THE RESUBMISSION OF THE ELLENDALE WATER PROJECT APPLICATION TO THE NC RURAL CENTER

Upon returning to Open Session, Commissioner Robertson made a motion to approve the Resolution Approving the Resubmission of the Ellendale Water Project Application to the NC Rural Center.  Commissioner Bolick seconded the motion.  The Board voted unanimously in favor of the motion.

ADJOURNMENT