April 19, 2004
The Alexander County Board of
Commissioners held a regular meeting on
CALL TO ORDER
Chairman Keever called the meeting to order at .
INVOCATION & PLEDGE OF ALLEGIANCE
Commissioner Hammer gave the invocation and led the Pledge of Allegiance to the Flag.
ADOPTION OF AGENDA
Chairman Keever requested that Agenda Item #3 Citizen Complaint be removed from the agenda since Karen Howell would be unable to attend the meeting as planned.
Commissioner Robertson made a motion to adopt the agenda as amended. Commissioner Hammer seconded the motion. The Board voted unanimously in favor of the motion.
PUBLIC HEARING: REZONING CASE 04-4: TERRY ELDER
Sylvia Turnmire, Director of Planning & Development, presented Rezoning Case 04-4 submitted by Terry Elder. Mr. Elder requested rezoning of property located on NC Highway 16 North from RA-20 (Residential-Agricultural) to H-C (Highway-Commercial). The size of the lot is 3.17 acres; however, Mr. Elder has requested that only 12,500 feet of the area be rezoned. Ms. Turnmire stated that zoning within 100 feet of the property was RA-20 to the north, south, east, and west. There is vacant property to the north, a single-family site-built home and a singlewide manufactured home to the south as well as vacant buildings, a non-conforming commercial business and a manufactured home park to the east and single-family site-built homes and vacant property to the west.
Ms. Turnmire stated that the applicant wished to rezone 12,500 square feet in the furthermost northeast corner of the subject property to allow for the purpose of placing an off-premise advertising sign or billboard on the property. Ms. Turnmire informed the Board that a machine shop and 3 singlewide manufactured homes were currently located on the property.
Ms. Turnmire stated that this property was surrounded by residential zoning, creating an issue of spot zoning, which is invalid or illegal unless there is a clear reasonable basis for treating the singled out property differently from adjacent land. Ms. Turnmire noted that for any case involving spot zoning, the Board of Commissioners and the Planning & Zoning Commission must address the following questions:
1. Did the zoning activity in the case constitute spot zoning as our courts have defined that term; and
2. If so, did the zoning authority make a clear showing of a reasonable basis for the zoning? The clear reasonable basis can be determined by reviewing 4 factors:
a. The size of the tract;
b. The compatibility of the disputed zoning action with an existing comprehensive plan;
c. The benefits and detriments resulting from the zoning action for the petitioning property owners, neighbors, and surrounding community; and
d. The relationship between the uses envisioned under the new zoning and the current uses of adjacent land.
Ms. Turnmire addressed staff comments in regard to these 4 factors to show a reasonable basis for zoning, which included:
2a. The size of the tract:
The portion of the subject property is 12,500 square feet. The surrounding properties are:
West 3.08 acres, 4.78 acres, and 7.9 acres
North 3.34 acres
South 2.01 acres
East 1 acre, 1.03 acres, 3.54 acres, and 7.11 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.
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.
relationship between the uses envisioned under the new zoning and the current uses of
If rezoned to Highway-Commercial, any use listed in the use matrix would be allowed not just the use of which the applicant is applying. There is commercial use on the subject property, beside the area requested for rezoning. Also, commercial use is present to the east, across NC Highway 16 North.
commercially zoned property is within the Town of
Ms. Turnmire stated that staff had
received one call for information and she noted that no one had spoken in opposition to
the request at the Planning & Zoning Commission public hearing. Ms. Turnmire informed the Board that the Planning
& Zoning Commission reviewed the rezoning request on
Commissioner Robertson asked why the machine shop, which was a non-conforming business, was not included in the rezoning request. Ms. Turnmire replied that staff discussed this issue with Mr. Elder who at the time did not want to include the machine shop in the request.
Chairman Keever called the public hearing to order and requested 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 Rezoning Case 04-4. Commissioner Bolick seconded the motion. The Board voted unanimously in favor of the motion.
Clay Lunsford, NCDOT District
Engineer, presented the
Mr. Lunsford informed the Board that
Steve Barnado, NCDOT Chief Engineer, had requested that he mention several things to the
Board including the fact that the
Mr. Lunsford discussed the
FY 2004-2005 Anticipated Allocations
Highway Fund $1,000,596
Trust Fund $1,012,646
I. PAVING UNPAVED ROADS
Total Miles: 3.80 miles Subtotal: $932,500
* Rural Paving Alternatives
Total Miles: 1.90 miles Subtotal: $518,500
II. GENERAL SECONDARY ROAD IMPROVEMENTS
II. FUNDS RESERVED FOR SURVEYING, RIGHT OF WAY ACQUISITION, ROAD ADDITIONS, CONTINGENCIES, OVERDRAFTS, AND PAVING ENTRANCES TO CERTIFIED FIRE DEPARTMENTS, RESCUE SQUADS, ETC. - $137,067
Commissioner Bolick asked when construction would begin. Mr. Lunsford replied that funding would begin in July and construction would begin shortly thereafter.
Commissioner Robertson discussed the
paving of SR 1307 All Healing Springs Road and the alternate paving of SR
Commissioner Hammer discussed several
projects that he felt needed to be considered including the 4-way intersection at Gill
Commissioner Hammer also discussed
the proposed 3-lane on Highway 16 South and he mentioned that he had been informed that
the project would be broken into 2 parts instead of being completed all at once. Mr. Lunsford replied that the first segment of the
3-lane would begin at Wal-Mart and extend to the stop light just past Bojangles. He noted that with future funding, staff would pick
up there and extend the 3-lane to
Commissioner Hammer also inquired
about plans for the intersection of
Commissioner Hammer discussed the widening of Highway 16 South from Macedonia Church Road to Alspaugh Dam Road and he noted that he had been informed that NCDOT had decided to make a portion of Highway 90 (at the Drivers License Agency and EMS Base) 3-lane instead. Commissioner Hammer stated that a traffic study had determined that approximately 12,000 cars traveled Highway 16 South per day and that only 7,400 traveled Highway 90 per day. Therefore, Commissioner Hammer suggested that this project, as well the others suggested, be reconsidered and he asked NCDOT staff to research to determine if there was any funding available for these projects.
Commissioner Harbinson felt that
these problems were good problems to have and he noted that he was glad that
these road projects were needed because it meant that the County was fortunate enough to
have a new
Commissioner Bolick thanked NCDOT
staff for their excellent job of always keeping the roads clean during inclement weather. Commissioner Bolick stated that citizens could tell
that they were in
Commissioner Hammer agreed and stated
that NCDOT had always done a great job keeping the roads clean. Commissioner Hammer stated that the difference was
clear when coming across county lines into
Chairman Keever called the public hearing to order and requested any public comment. There being no public comment, Commissioner Robertson made a motion to close the public hearing. Commissioner Hammer seconded the motion. The Board voted unanimously in favor of the motion.
Commissioner Robertson made a motion
to approve the
CITIZEN COMPLAINT REGARDING ABANDONED HOUSE
Karen Howell was not at the present at the meeting to discuss her complaint.
PROCLAMATION DECLARING MAY AS OLDER AMERICANS MONTH
Chairman Keever presented a
Proclamation Declaring May as Older Americans Month in
Chairman Keever made a motion to approve the proclamation. Commissioner Robertson seconded the motion. The Board voted unanimously in favor of the motion.
Jamie Starnes, Clerk to the Board,
presented a Proclamation Declaring
Chairman Keever made a motion to approve the proclamation. Commissioner Bolick seconded the motion. The Board voted unanimously in favor of the motion.
Commissioner Harbinson presented a
Commissioner Harbinson made a motion to approve the proclamation. Commissioner Bolick seconded the motion. The Board voted unanimously in favor of the motion.
Commissioner Robertson made a motion
to approve the bid submitted by Max Prestwood Water & Sewer for $141,920 for the
BOARD APPOINTMENTS & REAPPOINTMENTS
Commissioner Hammer stated that there
were 2 positions on the Planning & Zoning Commission that needed to be filled
including one for the
Commissioner Hammer made a motion to approve the appointment of Jon Molesa to the Planning & Zoning Commission. Commissioner Bolick seconded the motion. The Board voted unanimously in favor of the motion.
BUDGET ORDINANCE AMENDMENTS #32 - #34
Budget Amendment #32 To budget for a reimbursement from E-911 to Wireless 911 for 2002-2003 expenditures. To amend the budget for E-911 and Wireless 911 based on rules for allowable Wireless 911 expenses.
Budget Amendment #33 To budget for a reimbursement to Wireless 911 for 2002-2003 expenditures and comply with rules for allowable Wireless 911 expenses.
Budget Amendment #34 To transfer funds between programs within the Department of Social Services.
Commissioner Hammer made a motion to approve Budget Amendment #32 - #34. Commissioner Bolick seconded the motion. The Board voted unanimously in favor of the motion.
The 2004 NCACC District Meeting will be held on
A reception honoring Keith Hertzler, Chamber of
Commerce Executive Director, has been scheduled for
The Ellendale Volunteer Fire Department is
considering an addition to their current building. Russell
Greene, Fire Marshal, noted that the Ellendale Volunteer Fire Department would be debt
free at the end of the month. He also noted
that the Board was invited to attend their annual meeting tomorrow night,
E. Commissioner Robertson felt that the Board needed to meet soon to discuss air quality standards and the WPCOGs proposal to retain attorneys to represent counties considered to not be in compliance. Chairman Keever suggested that the issue be added to the work session to be held after the adjournment of the regular session
Commissioner Robertson made a motion to add the air quality standards issue to the work session agenda. Commissioner Robertson seconded the motion. The Board voted unanimously in favor of the motion.
Commissioner Robertson made a motion to approve the Consent Agenda. Commissioner Hammer seconded the motion. The Board voted unanimously in favor of the motion.
Commissioner Harbinson announced that April 19th was Commissioner Robertsons birthday. He also noted that Rick Frenchs birthday was April 15th and he wished them both a happy birthday. Commissioner Harbinson stated that he, as well as Chairman Keever, had brought a cake in celebration of these birthdays, which would be cut during the break between the regular meeting and the work session.
There being no further business for the regular meeting, Commissioner Bolick made a motion to adjourn at to reconvene in the work session. Commissioner Hammer seconded the motion. The Board voted unanimously in favor of the motion.
W. Norris Keever, Chairman Jamie M. Starnes, Clerk to the Board
April 19, 2004
The Alexander County Board of Commissioners held a work session following the adjournment of the regular meeting.
CALL TO ORDER
Chairman Keever called the work session to order at .
TRANSPORTATION UPDATE & DISCUSSION
Commissioner Harbinson introduced Judge Robert Collier Jr., who was recently appointed to the Board of Transportation, who he stated he had known personally and professionally for 25 years. Commissioner Harbinson stated that Mr. Collier was a much respected judge who knew the law and would apply the law farily.
Mr. Collier stated that Mike Holder
had asked him to express his apologies for not being present at the meeting. Mr. Collier noted that Mr. Holder was in a meeting
Chairman Keever stated that the purpose of this work session was to meet with Mr. Collier to discuss several issues regarding transportation and NCDOT issues. Chairman Keever discussed the recent proposal for a regional transportation plan and how it seemed to be moving ahead of the study being performed. He asked Mr. Collier if he could possibly slow that process down to allow the study to be completed before a regional plan was adopted. Chairman Keever stated that it was the opinion of the Board that regionalizing transportation would present several problems, especially since Alexander County was a much more rural area that the more urban Hickory.
Mr. Collier stated that he had received a copy of the resolution which proposed the regional system; however, he noted that this was all very new to him and he was unaware of the background of the proposal.
Commissioner Bolick stated that when reviewing the resolution proposing a regional system, the Board had many questions and concerns that no one had been able addressed. He mentioned that because of this, the Board wrote a letter asking the Board of Transportation to hold off on approving the regional system to allow for the study to be completed and public hearings to be held.
Commissioner Robertson expressed his
concerns with a regional transportation plan and stated that
Commissioner Robertson discussed the addition of a new district to our NCDOT region. Joe Lamb, NCDOT District Maintenance Engineer, replied that Catawba County had been removed from Alexander and Iredell Counties and placed with Lincoln County, creating a third district.
Commissioner Robertson and Clay
Lunsford, NCDOT District Engineer, discussed the approval of documents in
At this time, Commissioner Bolick left the meeting. The time was .
Commissioner Hammer suggested that Mr. Collier get in touch with John Cook, NCDOT County Maintenance Engineer, to arrange a tour of our county. Commissioner Hammer felt that a tour would allow Mr. Collier to get a much better idea of the needs of this county.
Commissioner Robertson agreed and
suggested that Mr. Collier pay particular attention to the roads leading from
There being no further discussion regarding transportation, Chairman Keever thanked Mr. Collier and all the NCDOT staff for attending the work session. Chairman Keever also conveyed his appreciation for the continued good working relationship between the County and NCDOT.
Mr. Collier stated that he appreciated the opportunity to meet the Board and he welcomed any future dialogue.
Wade Hughes, Suddes & Associates
Executive Vice President, and Marcheta Campbell, YMCA Director of Operations, presented a
proposal to develop a long-term partnership between the YMCA and
Mr. Hughes presented the following proposal outline, which he suggested to be discussed in detail to develop an agreement on the possibility of a partnership:
First Meeting Objectives
1. Agree on the concept and scope of services to be provided in a potential partnership between the County and the YMCA.
2. Identify all primary issues and assumptions that must be addressed for a partnership to be successful and the resources needed to address those issues and assumptions.
3. Understand the current costs incurred by the County and which of those costs will be absorbed by the YMCA in a potential partnership.
4. Determine the appropriate timeframe for the YMCA to propose an arrangement, and for the County to make a final determination on the proposal.
5. Set a date and time for the next meeting.
Concept and Scope
In order to
maximize the impact of limited resources within
· The YMCA will provide all recreational and fitness programming for children, youth, adults, and seniors throughout the county, except for school related sports and fitness.
The YMCA will manage the
daily activities of the
· The County will pay the YMCA a management fee on a monthly basis for providing recreational and fitness management services.
· Set measures and targets will be agreed upon and documented whereby the success of the partnership and the level of service provided can be determined and tracked.
· The partnership may begin as soon as July 2004 and will extend for a period of 7-10 years, with appropriate mutual performance and termination measure built into the agreement.
· Current full-time employees of the County Recreation Department will become full-time employees of the YMCA.
· All currently used facilities will continue to be utilized with current or improved policies in place between the County and Alexander County Public Schools; including, but not limited to, the following:
o YMCA will provide on-site supervision by authorized personnel to ensure appropriate behavior of participants, for care and maintenance of facilities, and emergencies.
o YMCA will have sufficient liability insurance coverage.
o Utility costs will continue to be covered by the County.
o Grounds maintenance will still be provided by the County.
· The YMCA will be the primary communication point with all community citizens and sports organizations to coordinate all logistics, keep the community informed of all programs, and resolve issues and disputes related to recreational and fitness programs.
A total of 2 seats will be
provided on the YMCA Management Council. One
seat will be dedicated to
· Both a Recreation and Senior Committee of the YMCA Management Council will be formed to provide guidance in organized sports and other activities while addressing specific needs of the various communities and other stakeholders.
Grants and other proceeds
received by the County to provide
· Any program service fees for recreational and fitness activities will be collected and retained by the YMCA. (Currently, the County records no revenues for such program services)
Chairman Keever felt that moving
ahead with the proposal in July 2004 would be too ambitious and he suggested that a
committee be established to study the issues. Chairman
Keever suggested that the committee include representatives from the County, YMCA, and
school system as well as community groups, the
Commissioner Harbinson stated that
the community recreation organizations were the backbone, the heart and soul of recreation
Commissioner Robertson agreed with Commissioner Harbinson and he also noted that Jon Presnell and Doug Fox were vital to the success of recreation now and would be vital to the success of the YMCAs proposal if approved. Therefore, Commissioner Robertson suggested that Mr. Presnell and Mr. Fox be considered as ex-officio members of the committee.
Commissioner Robertson asked when the new facility was to be constructed. Mr. Hughes stated that the new facility was expected to be built in June 2006. Mr. Hughes explained that the fundraising campaign would continue through January 2005 but he noted the donations would be taken up until the grand opening. He also noted that it was the intent of the YMCA to move forward with the partnership with the County to allow time to work through every season of recreation.
Chairman Keever replied that if the committee agreed to move forward with the partnership by October, the agreement could be finalized between then and January 2005. Chairman Keever stated that this would allow time for the partnership to be included in budget discussions as well as to get through all recreational seasons before the new facility would be occupied.
Commissioner Hammer discussed the
inclusion of the
Commissioner Harbinson suggested the YMCA make a presentation to the entire Recreation Board as well as the Senior Center Board.
Commissioner Robertson suggested that Chairman Keever, Commissioner Harbinson, and Rick French determine the structure of the committee and members to be appointed. Commissioner Robertson suggested a member committee be formed.
Chairman Keever informed the Board that he would place a copy of the structure in their boxes once he, Commissioner Harbinson, and Mr. French had made the determination.
Chairman Keever thanked Mr. Hughes and Ms. Campbell for their proposal.
AIR QUALITY DISCUSSION
Commissioner Robertson stated that the WPCOG had proposed to retain legal consultation due the recent EPA action concerning ozone. Commissioner Robertson stated that Chairman Keever had drafted a letter requesting the WPCOG contract the legal service instead of doing it in house.
Commissioner Robertson felt that it
was unfair for
John Marshall, WPCOG Transportation
Planner, stated that on April 15th the EPA took in all of Catawba and
Chairman Keever stated that the Board would discuss this issue further at a later date.
There being no further business, Commissioner Robertson made a motion to adjourn at . Commissioner Harbinson seconded the motion. The Board voted unanimously in favor of the motion.
W. Norris Keever, Chairman Jamie M. Starnes, Clerk to the Board