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Minutes of the Regular Board of Commissioners Meeting Davidson County, North Carolina

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Minutes of the

Regular Board of Commissioners Meeting

Davidson County, North Carolina

Tuesday, August 11, 2020 Commissioners’ Meeting Room

6:00 PM County of Davidson

PRESENT

Commissioners: Chair Karen Watford, Vice-Chair Don Truell, Zak Crotts, Chris Elliott, Fred McClure, Steve Shell and Todd Yates.

OTHERS PRESENT

County Manager Casey Smith, County Attorney Chuck Frye, Assistant County Manager Jason Martin, Clerk to the Board Debbie Harris, IT Director Joel Hartley, Planning and Zoning Director Guy Cornman, Health Director Lillian Koontz, Emergency Services Director Larry James, Support Services Director Dwayne Childress, Tax Administrator Jerry Ward, Human Resources Director Kathy Cashion, Fire Marshal Danny Ward, Deputy Fire Marshal Jacob Thompson, Network and Systems Analyst Daniel Parrish, Planner and Floodplain Administrator Scott Leonard, Major Stephen Pace, Captain Brian Grubb, Deputy Tim Surratt, Zoning Officer I Travis Swain, Purchasing and Contract Coordinator Robert James, EDC President Craig Goodson, Christy Morrow, Eric Morrow, Rosalind Baker, Claudio Raies, Greg Garrett, Richardf Baxley, Richard Boner, Mike Boner, Maureen Boner, Margie Boner, Barb Boner, Brenda Swicegood, Joanne McMillan, Suzie Conner, Cassandra Fotusky, Joshua Fotusky and Barney W. Hill.

1. CALL TO ORDER

Chair Watford called the Meeting to order.

2. INVOCATION AND PLEDGE OF ALLEGIANCE

The invocation and Pledge of Allegiance were led by Commissioner Crotts.

3. RECOGNITION A. Recognition

The Chair welcomed the citizens, Department Heads and visitors in attendance to the Meeting.

B. Recognition - Deputy Surratt - Near Drowning at Lake

Commissioner Crotts invited Deputy Surratt, Major Pace and Captain Grubb to the podium. The Commissioner felt all were aware that Deputy Surratt had saved a woman from drowning. Captain Grubb reported he had worked with Deputy Surratt for several years and noted the Deputy had been made aware of a woman in distress, assessed the situation and determined what was needed. CPR had been administered, and due to the Deputy’s quick actions and training, he had saved her life.

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Deputy Surratt had also served on the Davidson County Rescue Squad for the past 39 ½ years. He had served at the Sheriff’s Office for four years, three and one-half of those as an SRO Officer. Deputy Surratt reported he was just doing his job, and was glad to be at the right place at the right time. He noted he did have assistance from the crowd. The woman he had saved had called him to thank him.

Commissioner Crotts remarked that it took a true hero to put recognition on others and it felt good to have the media see the good that we do. Commissioner Elliott blessed and thanked Deputy Surratt for his service. Commissioner Shell noted that he wore a uniform at one time, and occasionally something special happens, and he was thankful for special people who God put into our lives. Commissioner Yates thanked Deputy Surratt for his service.

There was applause by all in attendance and pictures were taken.

4. ADOPTION OF AGENDA

Chair Watford reported she was requesting that Closed Session be moved to immediately follow Adoption of the Agenda, and that Mr. Martin had requested that Agenda Item 6.CC., “Budget Amendment and Addition to Vehicle Fleet-EMS,” be removed from the Agenda.

By a vote of 7-0 as follows, the Amended Agenda was adopted, with Closed Session being moved to immediately follow adoption of the Agenda, and Agenda Item 6.CC. being removed from the Agenda.

VOTING

Motion by: Truell, Don W. Second by: Elliott, Chris

Commissioners YES NO ABSTAIN RECUSE

Karen Watford Don W. Truell Zak Crotts Chris Elliott Fred McClure Steve Shell Todd Yates X X X X X X X 8. CLOSED SESSION A. Closed Session

By a vote of 7-0 as follows, the Board went into Closed Session for matters of Personnel, Attorney/Client and Economic Development.

VOTING

Motion by: Shell, Steve Second by: McClure, Fred

Commissioners YES NO ABSTAIN RECUSE

Karen Watford Don W. Truell Zak Crotts Chris Elliott Fred McClure X X X X X

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Steve Shell Todd Yates

X X B. Closed Session - Personnel

C. Closed Session - Economic Development D. Closed Session - Attorney/Client

E. Return to Open Session

By a vote of 7-0 as follows, the Board returned to Open Session. VOTING

Motion by: Yates, Todd Second by: Elliott, Chris

Commissioners YES NO ABSTAIN RECUSE

Karen Watford Don W. Truell Zak Crotts Chris Elliott Fred McClure Steve Shell Todd Yates X X X X X X X REPORT ON CLOSED SESSION

Mr. Frye reported the Board had considered three matters in Closed Session. The Personnel item was for information only, and no action had been taken. For the Attorney/Client issue the Board had given direction to the County Attorney for further action, and for the Economic Development issue the Board might wish to amend the Agenda.

MOTION TO AMEND AGENDA

Upon motion by Commissioner Yates and Second by Commissioner McClure, the Board voted 7-0 to amend the Agenda to schedule a Public Hearing for Project W.

9.C. Request to Schedule Public Hearing for Project W

Mr. Goodson reported EDC was requesting a Public Hearing be set for August 25, 2020 at 6:00 p.m. for the Board to consider an incentive for Project W, a local manufacturing company that wanted to expend. It was proposing between a $4.5 Million and $5.5 Million investment in an 80,000-square-foot expansion and the creation of a minimum of 15 new jobs. EDC was requesting .0027 times the investment in plant, machinery and equipment for five years.

By a vote of 7-0 as follows, the Board scheduled a Public Hearing for economic development incentives for Project W for Tuesday, August 25, 2020 at 6:00 p.m.

VOTING

Motion by: Yates, Todd Second by: Elliott, Chris

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Karen Watford Don W. Truell Zak Crotts Chris Elliott Fred McClure Steve Shell Todd Yates X X X X X X X 5. PUBLIC HEARING

A. Rezoning Request by Claudio Raies in Boone Township Containing .95+/- Acre from RM-1 to CU-HC

Chair Watford declared the Public Hearing open.

Mr. Cornman reported this was a request by Claudio Raies to rezone property in Boone Township, Tax Map 18, Lot 3 containing .95 acres more or less. The property is located on the northeast side of Snider-Kines Road approximately .52 mile southeast of the Old Salisbury Road intersection (595 Snider-Kines Road). The rezoning is requested to change from that of RM-1, Medium Density Residential District, to that of CU-HC, Conditional Use Highway Commercial District. The Planning Board heard this matter on July 21, 2020, and recommended approval 5-0.

Mr. Cornman noted that due to this Item being a quasi-judicial matter, that all who wished to testify needed to be sworn in. Chair Watford swore in Guy Cornman, Travis Swaim and Claudio Raies. Ms. Harris affirmed Barney W. Hill.

Mr. Raies reported that there previously had been a building on the property, but it had been torn down prior to his purchasing the lot. He was asking for permission to put a sign on the property for his business, as he felt it was a strategic location, being located right before the fork of I-85 North and Business 85 North. It would be a metal frame with three-dimensional letters and could be seen through. Upon inquiry by Commissioner Yates as to what kind of business, Mr. Raies reported it was a design center in High Point, that was a mix of interior designers and antiques, and includes aisles and booths. Commissioner Shell asked whether Mr. Raies would be able to rent the sign in the future, to which it was reported he could, as the Conditional Use would run with the property. The proposed Conditions (Exhibit A) had been submitted by the Applicant.

Barney W. Hill spoke regarding the Ordinance’s description of HC, the conditions proposed and Article IX on outdoor advertising signs/billboards. He was in favor of the request.

Mr. Cornman spoke about Mr. Hill’s concerns about discrepancies in the Zoning Ordinance. Mr. Cornman felt the request fit with the compatibility of uses, as I-85 has been designated as a Corridor of Economic Opportunity, and seemed a perfect place for a sign to advertise a business, and Policy 5.10 of the Land Development Plan lent itself to support of the request. Staff was recommending approval of the request.

There being no one else to speak, the Chair closed the Public Hearing.

By a vote of 7-0 as follows, the Board rezoned property in Boone Township, Tax Map 18, Lot 3 containing .95 acres more or less, being located on the northeast side of Snider-Kines Road approximately .52 mile southeast of the Old Salisbury Road intersection (595 Snider-Kines Road) from that of RM-1, Medium Density Residential District, to that of CU-HC, Conditional Use Highway Commercial District. The Board also adopted the Resolution on Statement of Consistency.

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VOTING

Motion by: Yates, Todd Second by: Crotts, Zak

Commissioners YES NO ABSTAIN RECUSE

Karen Watford Don W. Truell Zak Crotts Chris Elliott Fred McClure Steve Shell Todd Yates X X X X X X X A.1. Conditional Use Permit

Mr. Cornman noted the Conditions were contained in the Application Packet as Exhibit A. They are as follows:

EXHIBIT A

APPLICATION FOR REZONING LAND AT 584 SNIDER KYNES RD LIST OF CONDITION S THAT WILL LIMIT THE USE OF THE LAND

1- The land will be used only for the placement of a billboard sign.

2- The billboard sign will be entirely in compliance with all applicable codes 3- Measurements of panel 22 'wide and 18' high

4- Total height of structure 35'

5- No grading or alteration of the land will be necessary.

6- Out of hundred of existing trees in the land, only one will be cut.

7- The billboard will be a fancy one. Instead of a flat full panel, this billboard will be made

out of a wire mesh in which the letters will be displayed like "floating" in the air. This kind of billboard is very safe because it offers no resistance to wind. Also it does not alter the natural view of woods behind it.

8- The hill in which the sign is to be placed will be seeded with seasonal wild flowers twice a year. Similar flowers as the ones used by NC Division of Highways

9- The sign will not have electric lights

10- There is no other billboard within a distance of 500 feet.

Commissioner McClure felt Number 7 would prohibit Mr. Raies from doing something different with the sign in the future, and also felt there was no need for Number 10.

By a vote of 7-0 as follows, the following Conditions were adopted:

1- The land will be used only for the placement of a billboard sign.

2- The billboard sign will be entirely in compliance with all applicable codes 3- Measurements of panel 22 'wide and 18' high

4- Total height of structure 35'

5- No grading or alteration of the land will be necessary.

6- Out of hundred of existing trees in the land, only one will be cut.

7- The hill in which the sign is to be placed will be seeded with seasonal wild flowers twice a year. Similar flowers as the ones used by NC Division of Highways

8- The sign will not have electric lights VOTING

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Second by: Elliott, Chris

Commissioners YES NO ABSTAIN RECUSE

Karen Watford Don W. Truell Zak Crotts Chris Elliott Fred McClure Steve Shell Todd Yates X X X X X X X

B. Rezoning Request by Greg Garrett/Tally Pointe, LLC in Arcadia Township Containing 18.67 Acres from RA-3 to MX-R

The Chair declared the Public Hearing open.

Mr. Cornman reported this was a request by Greg Garrett (Tally Pointe, LLC) to rezone 18.67 acres more or less in Arcadia Township, Tax Map 12, p/o lot 55. The property is located on the south side of Hege Road approximately .25 mile west of the South Union Grove Road intersection (282 Daydream Lane). Rezoning was requested to change from that of RA-3, Rural Agricultural District, to that of MX-R, Mixed-Use Residential District. The Planning Board recommended approval 5-0 at its July 21, 2020 Meeting. It is a proposed subdivision with 30 lots. Although it is in a watershed, it does not exceed the maximum of two lots per acre. The property was shown on a slide (PowerPoint Slides included with original Minutes). Commissioner Shell noted he had previously owned lot 27 on Hege Road, but it had been sold, and he no longer had an interest on the Road. Mr. Cornman reported that he had originally recommended that the property be developed as a regular subdivision, but Mr. Garrett had run into floodplain issues, so had decided to ask for MX-R, so no lots would be in the floodplain.

Mr. Garrett showed the plat on a slide and reported he had originally had the subdivision approved a couple of months prior. He had purchased the property from the Hege brothers and had a tight timeline to close on the purchase. As he had gotten into the weeds on the proposed development of the property, he realized he needed MX-R because he needed flexibility on the lot sizes. He did not want any part of a lot located in the floodplain, because he knew it would create issues with mortgages and insurance. Although he would be able to locate 37 houses with the MX-R use, he was going to go with 30. Upon inquiry by Commissioner Yates into whether grading had started, Mr. Garrett reported it had started a couple of weeks prior to this Meeting. The layout of the road will remain the same; what would change was the layout of the homes. He would be selling the property to Sagamore Homes, the developer of one of the adjacent MX-R districts. Mr. Garrett reported he had gone door to door and met with the neighbors. Commissioner McClure asked whether the road would be taken over by the State, to which Mr. Cornman reported it would.

Mr. Hill reported the Staff Analysis said the property was contiguous to existing MX-R to the north, east and west, but the Planning Board recommendation and Resolution on Statement of Consistency state it is contiguous on the east and west. Mr. Cornman reported about existing MX-R in the area. Mr. Hill felt contiguity was king, and was in favor of the request.

Cassandra Fotusky reported her family had moved to the area approximately 2.5 years ago, that they owned Lot 63, and it was zoned RA-3. They had moved here to build a life, family and community, and wanted her children to grow up with farmland. She asked that the Board consider the impact MX-R zoning was having on the fabric of the area. She spoke about the traffic study on the area and noted she had recently almost gotten run over going to her mailbox. She felt work going on in the subdivisions was not being respectful to the people who lived in the area. She acknowledged Mr. Garrett had been kind and courteous throughout the process, but felt something needed to be done to treat the property with respect.

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Joshua Fotusky reported he was wearing black because he was in mourning for the destruction of the farmland in Davidson County. He felt this was a done deal. He was against any more MX-R districts being granted in Davidson County and would rather have 100 houses on 100 acres than 100 houses on 20 acres. He did not fault the property owners for making money selling their land. He asked that the property not be rezoned to MX-R.

Mr. Cornman reported he wanted to respond to MX-R, and felt it was a good tool for developers to use to work with challenges that exist on properties. There had been a great deal of money expended by the County on sewer lines, and he felt these types of developments maximize sewer line service. He did not feel that this was highly dense construction, and felt MX-R was a good tool to help developers make something nice, with public spaces included.

Mr. Cornman reported that when the Land Development Plan was overhauled in 2011, it was recognized that the improvements in the County’s infrastructure were going to make an impact in those areas, and a number of the Policy Statements address those issues. Policies 6.1., 6.2., 6.3., and 6.6. all lend support to this type of development. MX-R allows less land to be graded for use, to reduce stormwater runoff and impacts to watersheds. This request appeared to be harmonious with other developments in the area, and as Mr. Garrett had complied with the County’s subdivision regulations for the MX-R request, Staff was recommending approval of the request.

Upon inquiry by Commissioner McClure as to whether the tract was in the 100-year floodplain, Mr. Cornman reported it was, and that the back of Lot 20 may be about 100 feet away from the floodplain, but the developer was bringing in dirt that would increase the height of the footprint of the house. Mr. Leonard noted the map would be recorded, and would include the floodplain information. Commissioner Shell questioned the NC DOT study, to which Mr. Cornman reported the State would look at the area once the subdivision was done. Commissioner Crotts noted that although he could see the Fotuskys‘ point of view, he felt there would be nice homes in the subdivision, and it met all of the qualifications to grant the request.

There being no one else to speak, the Chair closed the Public Hearing.

By a vote of 6-1 as follows, the Board rezoned 18.67 acres more or less in Arcadia Township, Tax Map 12, p/o lot 55, located on the south side of Hege Road approximately .25 mile west of the South Union Grove Road intersection (282 Daydream Lane) from that of RA-3, Rural Agricultural District, to that of MX-R, Mixed-Use Residential District. The Board also adopted the Resolution on Statement of Consistency.

VOTING

Motion by: Watford, Karen Second by: Truell, Don W.

Commissioners YES NO ABSTAIN RECUSE

Karen Watford Don W. Truell Zak Crotts Chris Elliott Fred McClure Steve Shell Todd Yates X X X X X X X

6. ITEMS FOR DECISION/INFORMATION - CONSENT A. Approval of Consent Agenda

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By a vote of 7-0 as follows, the entire Consent Agenda was adopted, with the exception of Agenda Item 6.CC.,“Budget Amendment and Addition to Vehicle Fleet-EMS,” which had been removed from the Agenda.

VOTING

Motion by: McClure, Fred Second by: Elliott, Chris

Commissioners YES NO ABSTAIN RECUSE

Karen Watford Don W. Truell Zak Crotts Chris Elliott Fred McClure Steve Shell Todd Yates X X X X X X X

B. Budget Amendments - Assistant County Manager

C. Establish Temporary "Human Resource Consultant" Position

D. Reappointments to the Economic Development Commission (EDC) Board of Directors

E. Reappointment to DSS Board

F. Approval of Minutes - July 9, 2020 Board of Commissioners' Meeting

G. Approval of Mutual Aid Agreement Between North Carolina Soil and Water and Davidson County

H. Approval of Operating Agreement with ARAMARK Corrections Services, Inc. for Jail Food Service

I. Appointment to the Juvenile Crime Prevention Council J. Approval of 2021 Holiday Schedule

K. Approval of 2021 Commissioners' Meeting Schedule

L. Addition to the State Secondary Road System - Sowers Place in Swicegood Estates Subdivision

M. Addition to the State Secondary Road System - Heritage Acres Lane and Blair Path Court in Heritage Place Subdivision

N. Request for Sewer Allocation - HSM Dialysis Center O. Request for Refund - Overpayment of Excise Tax

P. Item to Set for Public Hearing - Rezoning Request by Henry T. Phillips, III to Rezone 1.17 Acres in Cotton Grove Township from HC to RM-1

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Q. Item to Set for Public Hearing - Rezoning Request by Phillip and Deborah Brown to Rezone 2.825 Acres in Reedy Creek Township from RA-3 to CU-LI

R. Bid Award for Tree Removal Services S. Declare Items Surplus

T. Bid Award for Asbestos Removal at Thomasville EMS Base

U. Approval of Contract with Julia Legg for Services to the Department of Social Services

V. Approval of Contract with Kandace Davis for Services to the Department of Social Services

W. Approval of Agreement with Wake Forest Baptist Health for Medical Director Services

X. Approval of Sponsorship Agreement Between Senior Services and James Heating and Air

Y. Approval of Agreement with Davidson County Community College for Services to DavidsonWorks

Z. Approval of Updated 5310 Grant Agreement with Senior Services

AA. Approval of Agreement with Watch Guard for Body-Worn and In-Vehicle Cameras for Sheriff's Office

BB. Approval of Contract with Dr. Heather Morgan for Services to the Department of Social Services

CC. Budget Amendment and Addition to Vehicle Fleet-EMS Removed at adoption of the Agenda.

DD. Approval of Memorandums of Agreement with Municipalities for COVID-19 Relief Funding

EE. Approval of Maintenance Agreement Between Piedmont Fitness Equipment Sales and Senior Services

FF. Item to Set for Public Hearing - Rezoning Request by Tim Beck to Rezone .69 Acre in Conrad Hill Township from RA-3 to CU-RC

7. ITEMS FOR DECISION/INFORMATION - DELIBERATION

A. Resolution Authorizing Acceptance of Portrait of Connie B. Boner, R.N. from the Family of Connie B. Boner

Ms. Koontz reported she was joined by many members of the Boner family and retired Health Department employees. Ms. Boner worked at the Health Department for over 37 years. Ms. Koontz introduced former Director Richard Baxley. Mr. Baxley reported that Ms. Boner was a Public Health

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Nurse, and had gone into some of the worst homes in the County to do her job. He felt it was going to be a great thing to have her portrait hung in the Health Department. Vice-Chairman Truell reported he had known Ms. Boner in his previous life with the Thomasville Police Department, and could remember times she came to the PD looking for assistance to go into homes. When he thought of public health, her thought of her, and was proud for this opportunity to honor her. Ms. Boner’s oldest son, Richard, had painted the portrait, and he and Ms. Koontz unveiled it. Richard Boner introduced those in attendance for this matter, and thanked the Board, noting he was proud to have the portrait to give to the Health Department. His mother loved her job and the people she worked with, and was very dedicated to her job. Mr. Boner reported he continues to be amazed at meeting folks who still remember her. He was glad she could go back to the office. Mike Boner stated he had a degree in Public Health, and that people in his mother’s role are the ones who made the communities safe. Mr. Baxley reported he had spoken at Ms. Boner’s funeral, and that due to her recordkeeping the CDC had started current TB protocols and procedures. Commissioner Truell read the Resolution. Afted adoption of the Resolution, the Boner family and those in attendance for this matter came forward and pictures were taken.

By a vote of 7-0 as follows, the Board adopted the Resolution. VOTING

Motion by: Truell, Don W. Second by: Shell, Steve

Commissioners YES NO ABSTAIN RECUSE

Karen Watford Don W. Truell Zak Crotts Chris Elliott Fred McClure Steve Shell Todd Yates X X X X X X X

B. Request to Schedule Public Hearing for 2021 Schedule of Values, Standards and Rules

Mr. Smith reported that on March 10, 2020, the Board had changed its revaluation schedule from eight years to six years, and that a timeline of upcoming events was included with the Agenda Packet. There was also an appropriation needed to complete aerial pictometry. What was needed by the Board was to set the Public Hearing and appropriate the funds for the pictometry. Mr. Ward had a physical copy of the Schedule of Values, Standards, and Rules and asked that the Public Hearing be scheduled for September 8, 2020.

By a vote of 7-0 as follows, the Board scheduled a Public Hearing on the Schedule of Values, Standards, and Rules, for September 8, 2020, and also approved the proposal from Kucera International to perform Aerial Oblique Imagery for the upcoming tax revaluation and the appropriation of $69,000 as requested in the Agenda Item.

VOTING

Motion by: Shell, Steve Second by: McClure, Fred

Commissioners YES NO ABSTAIN RECUSE

Karen Watford Don W. Truell Zak Crotts Chris Elliott Fred McClure X X X X X

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Steve Shell Todd Yates

X X 9. ADJOURNMENT

By a vote of 7-0 as follows, the Meeting was adjourned. VOTING

Motion by: Yates, Todd Second by: Shell, Steve

Commissioners YES NO ABSTAIN RECUSE

Karen Watford Don W. Truell Zak Crotts Chris Elliott Fred McClure Steve Shell Todd Yates X X X X X X X Deborah J. Harris

Clerk to the Board Karen Watford, Chair Davidson County Board of Commissioners

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