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HomeMy WebLinkAbout4-2-2019 1 April 2, 2019 IREDELL COUNTY BOARD OF COMMISSIONERS PRE-AGENDA MINUTES April 2, 2019 The Iredell County Board of Commissioners met in pre-agenda session on Tuesday, April 2, 2019 at 5:00 PM, in the Commissioners’ Meeting Room located in the Iredell County Government Center 200 South Center Street, Statesville, NC. Board Members Present Chairman James B. Mallory III Vice Chairman Tommy Bowles Gene Houpe Jeff McNeely Marvin Norman Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County Manager Susan Robertson, Assistant County Manager Joe Pierce and Clerk to the Board Amy Anderson. CALL TO ORDER: Chairman James Mallory called the meeting to order. ADJUSTMENTS TO THE AGENDA: Clarification: Project Spool is not ready for public hearing. Iredell County Economic Development Corporation is working with the State and the State is not ready. The public hearing will be opened. Remove: Economic Development from Closed Session Add: Property Acquisition G.S. 143-318.11 (a) (5) Commissioner Norman added Personnel G.S. 143-318.11 (a) (6) under Closed Session. Chairman Mallory added an item under New Business regarding Coal Ash. PUBLIC HEARINGS Public Hearing to consider a request from Mandy Huffman of Anchor Management, LLC to rezone approximately 42.65 acres along Taylorsville Highway from Residential Agricultural (RA) to Light Manufacturing (M-1): Planning Director Matthew Todd said the Planning Board voted unanimously in support of the request. Staff has received questions regarding the request but no opposition. Commissioner McNeely asked if the applicant has reconciled the driveway access to the property. Todd said the applicant recently received a driveway permit from NC Department of Transportation. There are still some questions with Alexander Railroad. ADMINISTRATIVE MATTERS Request from the Library for approval to apply for an Edge Technology Grant from the State Library of North Carolina in the amount of $7,934 to purchase 75 Playaway Launchpads: Library Director Juli Moore explained the grant funds would be used to purchase 75 Playaway Launchpads. There is no match required for the grant. The Edge Initiative is a 2 April 2, 2019 program offered through the State Library that provides an assessment for the Library, and shows areas that could use benchmark improvements. The grant allows the Library to use the funds to address the benchmarks. The assessment found that the Library need some improvement in digital skills and providing access to digital tools. The launchpads are small tablets that have 12 -25 pre- loaded and do not require internet access. Ten of the new launchpads will be used to replace aging technology. The others will be used at different branches of the Library and available for check out. This item was placed on consent. Request from Iredell County Economic Development Corporation for approval of an amendment to the Economic Development Agreement: County Manager Beth Jones explained this is an amendment to the agreement the County has with the Iredell County Economic Development Corporation for the 10% payback for the Economic Development part in Mooresville. County Attorney Lisa Valdez drafted the agreement. Commissioner McNeely asked if this agreement stemmed from when the County agreed to be paid back later because the corporation asked to use the money for the road and other infrastructure. Jones said yes. The money will be paid back later as opposed to now. This item was placed on consent. Request from Clerk to the Board for approval of minutes from the meeting on March 19, 2019: There were no corrections. This item was placed on consent. ANNOUNCEMENTS OF VACANCIES ON BOARDS & COMMISSIONS (None) APPOINTMENTS TO BOARDS & COMMISSIONS City of Statesville Board of Adjustment (1 Appointment ETJ) Chairman Mallory said Craig Morrow has applied to serve the remainder of David Aman’s unexpired term. There were no other applicants. NEW BUSINESS Chairman Mallory said there will be an item, under New Business, discussed during the 7PM meeting. COUNTY MANANGERS REPORT County Manager Beth Jones gave updates on the following item:  North Carolina Department of Environmental Quality made a decision regarding coal cash. There will be an update given during the 7PM meeting.  Jennings Park Ground Breaking, Friday, April 5, 2019 at 10AM.  Staff is currently working through the budget. There have been five rounds of cuts thus far and there is still $4 million to cut. A large amount of requests came in and 3 April 2, 2019 systematic recommendations for cutting some of the request to get a balanced budget presented to the Board. The Board’s Budget Work Sessi ons will be held in May. Chairman Mallory moved into Closed Session at 5:13pm. The Board returned from Closed Session at 6:25 and recessed until the 7pm meeting. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES April 2, 2019 The Iredell County Board of Commissioners met in regular session on Tuesday, April 2, 2019 at 7:00 PM, in the Commissioners’ Meeting Room of the Iredell County Government Center, 200 South Center Street, Statesville, NC. Board Members Present Chairman James B. Mallory III Vice Chairman Tommy Bowles Gene Houpe Jeff McNeely Marvin Norman Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County Manager Susan Robertson, Assistant County Manager Joe Pierce, and Clerk to the Board Amy Anderson. CALL TO ORDER by Chairman Mallory. INVOCATION: Chairman Mallory asked everyone to bow their heads for a moment of silence. PLEDGE OF ALLEGIANCE led by Chairman Mallory. ADJUSTMENTS TO THE AGENDA Clarification: Project Spool is not ready for public hearing. Iredell County Economic Development Corporation is working with the State and the State is not ready. Remove: Economic Development from Closed Session Add: Property Acquisition G.S. 143-318.11 (a) (5) Commissioner Norman added Personnel G.S. 143-318.11 (a) (6) under Closed Session. Chairman Mallory added an item under New Business regarding Coal Ash. MOTION by Commissioner Norman to approve the agenda as adjusted. VOTING: Ayes – 5; Nays – 0 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS 4 April 2, 2019 Recognition of Gabriel Little, 4th grader at Third Creek Elementary School for implementing Exit Drills In The Home (E.D.I.T.H) to help his family escape a recent house fire: Fire Marshal David Souther explained his staff provides fire education in addition to fire inspections and fire investigations. Iredell is the only county to have a full-time fire education program. Fire Educator Misty Sherrill teaches a fire education program to local fourth graders. She visits each fourth grade for an hour per month during the school year. During those lessons, how to stop, drop, and roll, how to call 9-1-1, and the importance of having an escape plan in the case of a fire. An escape plan should include two exits, checking doors to see if they are hot and a family meeting place. Sherrill assign the kids to create an exit plan for their home, including a floor plan showing two ways out and meeting place. A few weeks after teaching a class at Third Creek Elementary, a fourth grader and his family suffered a fire. The family shared with the fire investigator that they recently talked about and created an escape plan, and hung it on the refrigerator. The family was able to escape the fire unharmed. Chairman Mallory said it is everyone’s business to be prepared and having a plan makes all the difference. He encouraged everyone to be aware that school-aged children are taught specific actions to take and interactions to have with authorities. Chairman Mallory presented Gabriel Little with a Certificate of Recognition for his commendable actions and being an example to the rest of the community. Little was accompanied by his parents, Michael and Hannah, and two brothers. APPOINTMENTS BEFORE THE BOARD Presentation by Iredell County Economic Development Corporation Chairman Jim Marshall regarding the Executive Director Search: Chairman Mallory explained that Iredell County Economic Development Corporation Chairman Jim Marshall will present an update on the process involved for the Executive Director search to replace Russ Rogerson. Rogerson stepped into a newly created position as a result of a merger of two separate economic development corporations. Chairman Mallory said Rogerson moved the ball forward tremendously in terms of deliverables. Recent projects have resulted in high-quality and high paying jobs, and an increase in tax base, which keeps the tax rate low. Marshall thanked the County and the Board for their deep support. This is the first year of the merger and reception has been great. A subcommittee was created to search for the new director. The committee has broad support among the County, municipalities, and private sectors. The subcommittee interviewed three different companies to assist in the search and decided to go with Sanford Holshouser from Raleigh. The company has extensive experience in economic development and the placement of executives. Crystal Gettys will be leading the search. Gettys will be working locally a couple of days a week. It may take 90 days or so to find the very best leader. Marshall explained there is a sense of urgency but time will be taken to ensure the right person will be chosen. Gettys will be reaching out to the Board members individually regarding the search process and future growth of the organization. PUBLIC HEARINGS 5 April 2, 2019 Public Hearing for the consideration of an economic development incentive for Project G2: Iredell County Economic Development Corporation Vice President Chris Younger said Project G2’s prospective plans to expand into their existing, under-construction spec building located in Troutman. Construction has started on the first phase of the building, which is 500,000 square feet. The plan is to add an additional 500,000 square feet as phase two, resulting in a 1,000,000 square foot facility that is a spec building. The building is mainly designed for a warehouse or distribution facility with several docks, high ceilings, and ample parking. The project anticipates to generate an additional $25,000,000 in new tax investment over the next two-three years. The request is for a three-year tax back incentive with an estimated $300,000. Chairman Mallory opened the public hearing. No one wished to speak. Chairman Mallory closed the public hearing. MOTION Commissioner McNeely to approve an economic incentive up to $400,000 over a three-year period based on the company’s investment of $25 million and contingent upon a contract being executed within 180 days for Project G2. VOTING: Ayes – 5; Nays – 0 Public Hearing for the consideration of an economic development incentive for Project Sport: Iredell County Economic Development Corporation Vice President Chris Younger said Project Sport’s prospective plans to extend and update their existing manufacturing facility located in Statesville. The details of the company and their manufacturing cannot be disclosed at this time, but more information and company name will be announced later. The company plans to add machinery and equipment to the current facility and renovate many areas to accommodate additional production and workforce. Statesville will also become the company’s new national headquarters. The project anticipates creating 82 new full-time positions and generate $3,631,374 in new tax investment over the next five years. The request is for a five- year tax back incentive with an estimated value of $63,000. Chairman Mallory opened the public hearing. No one wished to speak. Chairman Mallory closed the public hearing. MOTION by Commissioner McNeely to approve an economic incentive up to $63,000 over a five-year period based on the company’s investment of $3,631,374 and contingent upon a contract being executed within 180 days for Project Sport. VOTING: Ayes – 5; Nays – 0 Commissioner McNeely said it is exciting to see new companies come to the County but it refreshing to see long-running local companies expand. Public Hearing for the consideration of an economic development for Project Spool: Iredell County Economic Development Corporation Vice President Chris Younger requested that 6 April 2, 2019 this Public Hearing be tabled until April 16, 2019 to prepare additional information regarding state incentives that would apply to this project. Chairman Mallory opened the public hearing. MOTION by Commissioner Houpe to continue the public hearing until April 16, 2019 at 7PM. VOTING: Ayes – 5; Nays – 0 Public Hearing to consider a request from Mandy Huffman of Anchor Management, LLC to rezone approximately 42.65 acres along Taylorsville Highway from Residential Agricultural (RA) to Light Manufacturing (M-1): Planning Director Matthew Todd said the 2030 Horizon Plan calls for the area to be rural industrial. The property is in proximity to other intense commercial uses. Alexander Railroad runs parallel with Taylorsville Highway. The property is vacant and wooded. The parcel shares a common driveway with an existing house. Recently, four new subdivided lots were added that will also share the common driveway. Traffic impacts should not exceed road capacity. Planning staff is recommending in favor of the request and the Planning Board voted unanimously in favor of the request. Chairman Mallory opened the public hearing. Mandy Huffman was available to answer questions. Chairman Mallory closed the public hearing. MOTION by Commissioner McNeely to approve in favor of the zoning map amendment, and to make a finding that the approval is consistent with the adopted 2030 Horizon Plan and that said approval is reasonable and in the public interest and furthers the goals of the 2030 Horizon Plan because it is contained within a Rural Industrial area, it is in close proximity to other more intense commercial uses, and traffic impacts should not exceed road capacity. VOTING: Ayes – 5; Nays – 0 PLANNING STAFF REPORT REZONING CASE # 1903-1 STAFF PROJECT CONTACT: Leslie Meadows EXPLANATION OF THE REQUEST This is a request to rezone approximately 42.652 acres located off of Taylorsville Highway from Residential Agricultural (RA) to Light Manufacturing (M-1). This is a straight rezoning, with no conditional requirements. OWNER/APPLICANT OWNER/APPLICANT: Mandy Huffman, Anchor Management Team, LLC PROPERTY INFORMATION LOCATION: Adjoining 4196 Taylorsville Hwy; more specifically identified as PIN 4715093707.000. 7 April 2, 2019 DIRECTIONS: From Exit 148 off I-40, head west on NC-90/US-64/Front St./Taylorsville Hwy. Turn right to remain on NC-90 W. Property is approximately 3.5 miles on the right. SURROUNDING LAND USE: There is a mix of various residential zoning districts surrounding the property. Rural Residential (RU-R) to the west, R-20 to the north northeast, and Residential Agricultural (RA) to the east and to the south. Other M-1 and GB uses exists farther to the east. SIZE: The acreage to be rezoned is approximately 42.652 acres. EXISTING LAND USE: Vacant, densely forested. ZONING HISTORY: The property has been zoned RA since county- wide zoning in 1990. OTHER JURISDICTIONAL INFORMATION: The property is not located within another jurisdiction’s Urban Service Area. OTHER SITE CHARACTERISTICS: The property is not located within a regulated Watershed Area, and is not in a flood hazard zone. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest traffic count along Taylorsville Hwy to the east, near Little Farm Road, had a traffic count of 3,300 vehicles per day in 2017. The closest traffic count along Taylorsville Hwy to the west, near Odell Road, had a traffic count of 2,400 vehicles per day in 2017. According to the Comprehensive Transportation Plan 2008 Study Report for Iredell County, the capacity for this section of Taylorsville Highway is approximately 13,100 vehicles per day. SCHOOLS: This is a commercial rezoning and should have no implications on local schools. EMERGENCY SERVICES: This proposal has been reviewed by the Iredell County Fire Marshal’s Office and Iredell County EMS. Neither office addressed any concerns regarding the request. UTILITIES: This site is currently served by well and septic. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant must provide a site plan to the Planning Department for review to develop the property. Zoning requirements such as parking, landscaping, and buffering will be revie wed at such time. Erosion & sedimentation control standards will also be reviewed for compliance. STATE: Other than building code, there should be no formal state agency review at this time. FEDERAL: None at this time. STAFF AND BOARD COMMENTS STAFF COMMENTS: The 2030 Horizon Plan calls for this area to be Rural Industrial, which allows for smaller scale light industrial uses. Rural Industrial areas lay outside the Iredell County Urban Service Areas, with the intent that these areas remain rural in character. Staff does, however, have concerns regarding commercial driveway access to the property, due to the Alexander Railroad line. Before a commercial zoning permit can be issued for development of this site, the landowner must secure a commercial driveway permit form NCDOT. NCDOT has indicated they cannot approve said driveway permit without sign off from the Alexander RR. Landowner has been made aware of this situation. The Planning staff can support the proposed rezoning request based on the following: The 2030 Horizon Plan calls for this area to be Rural Industrial, which allows for commercial development of light manufacturing uses 8 April 2, 2019 along this section of Taylorsville Highway. The site is in close proximity to other more intense commercial uses, and traffic impacts should not exceed road capacity. SITE REVIEW COMMITTEE: Raymond Burnette visited the site with staff on February 15, 2019. PLANNING BOARD ACTION: On March 6, 2019, the Planning Board held a public meeting to hear the rezoning request. No one spoke in opposition to the request. The board voted 9 -0 to recommend in favor of the rezoning. ADMINISTRATIVE MATTERS County Manager Beth Jones summarized the items that were placed on the consent agenda as follows:  Request from the Library for approval to apply for an Edge Technology Grant from the State Library of North Carolina in the amount of $7,934 to purchase 75 Playaway Launchpads.  Request from Iredell County Economic Development Corporation for approval of an amendment to the Economic Development Agreement.  Request from Clerk to the Board for approval of minutes from the meeting on April 2, 2019. MOTION by Vice Chairman Bowles to approve the consent agenda. VOTING: Ayes – 5; Nays – 0 ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS (None) APPOINTMENTS TO BOARD AND COMMISSIONS City of Statesville Board of Adjustment – 1 appointment (ETJ) Chairman Mallory said Craig Morrow has applied to serve the remainder of David Aman’s unexpired term. MOTION by Commissioner Norman to appoint Craig Morrow. VOTING: Ayes – 5; Nays – 0 UNFINISHED BUSINESS (None) NEW BUSINESS Chairman Mallory explained that the NC Department of Environmental quality recently ordered Duke Energy to excavate all coal ash from the six remaining sites in North Carolina. The proposed excavation plans are due to DEQ for approval by August 1, 2019. Chairman Mallory read the following press release: 9 April 2, 2019 Raleigh Apr 1, 2019 Today, N.C. Department of Environmental Quality (DEQ) ordered Duke Energy Progress, LLC to excavate all remaining coal ash impoundments in North Carolina. After conducting a rigorous scientific review of Duke Energy’s proposals for Allen, Belews, Cliffside/Rogers, Marshall, Mayo and Roxboro facilities, and conducting public listening sessions in impacted communities, DEQ has determined excavation of all six sites is the only closure option that meets the requirements of Coal Ash Management Act to best protect public health. The coal ash must be disposed of in a lined landfill.“DEQ rigorously reviewed the proposals, and the science points us clearly to excavation as the only way to protect public health and the environment,” said DEQ Secretary Michael S. Rega n. “Today’s action sends another clear message that protecting public health and natural resources is a top priority of the Cooper Administration.” Duke Energy must submit final excavation closure plans to DEQ by August 1, 2019. In those plans, Duke must p ropose where excavated coal ash will reside and estimate how long that process will take. By law, DEQ must reject any plan that does not protect public health and the environment. Coal Ash Closure Next Steps By August 1, 2019 Duke Energy is required to submit final closure plans consistent with the detailed requirements of the Coal Ash Management Act (CAMA) and based on the election made by DEQ on April 1, 2019 to excavate all remaining sites. Duke Energy will have the opportunity to propose beneficiation options (such as recycling) as well as full excavation in that proposal. CAMA requires DEQ to review any Closure Plan for consistency with detailed requirements in CAMA and reject any proposed Closure Plan that DEQ finds does not meet these requirements. DEQ must find that a Closure Plan is protective of public health, safety, welfare, the environment and natural resources before a plan can be approved. By October 1, 2019 (within 60 days of receipt of a proposed Closure Plan), DEQ will conduct a public meeting in the county or counties in which the site is located, with at least a 30 -day notice prior to meeting. By December 1, 2019 Duke Energy is required to submit corrective action plans for addressing groundwater contamination from the impoundments at all six sites. Chairman Mallory said this is an example of what one citizen can do in this country. To identify an issue and further develop facts. Susan Wynn, of Mooresville, did just that. Her daughter developed thyroid cancer, an usual cancer for a young person, and discovered that there were other instances of thyroid cancer throughout the area. Wynn started raising awareness and money to find out what might be behind what appeared to be an unusually high incidents of cancer. Chairman Mallory explained the issue of cancer and the issue of coal ash are separate issues. There is no direct cause or relationship established. Chairman Mallory said, “We don’t know what we don’t know”, but we know coal ash can’t be helpful to any of us.” There are a number of ele ments contained within coal ash. When coal burns, the metals reduce to a higher concentration that those elements can potentially contaminate the environment, by water, air, or soil. The citizens and governments within Iredell County have come together and worked as a team, from the Town of Mooresville, Health Department, county staff, and legislative team. Representative John Fraley, Representative Rena Turner and Senator Vickie Sawyer have been highly effective. Wynn was able to engage Duke University to study these issues and the University is close to issuing a report. Virginia Tech tested over 700 wells throughout the County to determine if there are any issues with individual wells. The individual results will be privy but there will be a sense of the big picture without identifying individuals. Contamination can come from the actual well. There will be a public meeting regarding the results on April 18, 2019 at Mooresville High School Performing Arts Center. There is also a public meeting on May 9, 2019 at South Iredell High School auditorium. There will be a discussion of the structural fill being used primarily in the Mooresville area in various places. These are all processes in which additional information is being developed for officials and the public so at the end of the day if there is a causation or appears to be a causation of some type of environmental contamination the steps of appropriate action will be known. Commissioner McNeely said the study is unique as it will show exactly what the water quality is throughout the County. Wells are sometimes taken for granted. The County is very fortunate to have a huge aquafer. Humans are one of many species that drink water. In the 10 April 2, 2019 agricultural industry water has brought many problems at times. Commissioner McNeely feels there will be some metals found in the water that do not belong. Commissioner McNeely went on to recommend that filters be used with wells. Chairman Mallory expressed appreciation to Vice Chairman Bowles, Health Department Director Jane Hinson, Environmental Health Director Brady Freeman, and Deputy County Manager Susan Robertson for being the wheelhouse for public engagement and sharing facts that the public needs. Commissioner Houpe applauded the relented efforts of Wynn. The goal of the process is to protect the County’s citizens. The legislative team has been great through the entire process. Currently, Senator Sawyer is working on a bill to create a study on these types of cancer clusters. COUNTY MANAGER’S REPORT County Manager Beth Jones gave updates on the following items:  Jennings Park Ground Breaking, Friday, April 5, 2019 at 10AM. CLOSED SESSIONS Chairman Mallory said a Closed Session relating to Property Acquisition G.S. 143-318-11 (a) (4) and Personnel G.S. 143-318.11 (a) (6) was held immediately after the pre-agenda meeting. MOTION by Commissioner McNeely to approve the purchase of property located at 4600 Harmony Highway for a purchase price not to exceed $40,000 and authorize the County Manager to execute a contract and closing documents. VOTING: Ayes – 5; Nays – 0 ADJOURNMENT MOTION by Commissioner Houpe to adjourn at 7:52PM. The next regular meeting will be Tuesday, April 16, 2019, 5:00 PM, in the Commissioners’ Meeting Room, Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes – 5; Nays – 0 __________________________________ ___________________________________ Date Approved Amy B. Anderson, Clerk