HomeMy WebLinkAbout5-18-2021
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May 18, 2021
IREDELL COUNTY BOARD OF COMMISSIONERS
PRE-AGENDA SESSION
May 18, 2021
The Iredell County Board of Commissioners met in pre-agenda session on Tuesday, May
18, 2021 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 Mallory
Vice Chairman Melissa Neader
Scottie Brown
Gene Houpe
Board Members Participating Remotely
Marvin Norman
Staff present: County Manager Beth Mull, County Attorney Lisa Valdez, Deputy County
Manager Susan Robertson, Assistant County Manager Joe Pierce, Finance Director Deb Cheek,
and Clerk to the Board Amy Anderson.
CALL TO ORDER: Chairman James Mallory called the meeting to order.
ADJUSTMENTS TO THE AGENDA: County Manager Beth Mull went over the
following adjustments:
• Remove Economic Development from Closed Session
• Continued discussion from Budget Sessions under Unfinished Business
ADMINISTRATIVE MATTERS
Request from the Iredell-Statesville Schools for approval to transfer money between
capital lines: Dale Ladd, Iredell-Statesville Schools requested a transfer between capital lines.
Any transfer greater than 10% requires approval by the Board of Commissioners.
Money From 4.9000.077.542.000.000.46 2,161,383.68
To
Annual Renovations 4.9000.077.522.000.000.42 1,390,000.00
Flooring & Painting 4.9000.077.529.000.000.42 210,000.00
Plumbing 4.9000.077.525.000.000.42 30,000.00
Electrical 4.9000.077.524.000.000.42 35,000.00
Roofing 4.9000.077.528.000.000.43 216,383.68
Vehicle Replacement 4.6580.077.551.000.705.44 70,000.00
Paving,Fencing,Grading 4.9000.077.532.000.000.45 125,000.00
Misc Equip./ HVAC 4.9000.077.523.000.000.46 85,000.00
Ladd also requested to move $377,426.45 out of Lakeshore Elementary Construction
Bond Reserve Line, and place into the West Iredell High School Bond Reserve Line.
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May 18, 2021
This item was placed on consent.
Request from ICATS for approval of purchase and auto-renewing contract: ICATS
Director Bradley Johnson requested approval of to purchase and a renewing contract with Ecolane.
Ecolane is a cloud-based scheduling software. With approval, it will replace an older server-based
software that the department has used for over 10 years. The new software will allow ongoing
changes to the schedule. Johnson explained the Request for Proposal process. Eight companies
responded and interviewed three. Ultimately, the evaluation team unanimously chose Ecolane as
the best match. Johnson said the advent of the NC Department of Health and Human Services state
mandate for brokered Medicaid transportation and Non-Emergency Medical Trips effective July,
1, 2021 makes the improvement of transit software imperative. The software will enable DSS to
enter trips.
Johnson said the initial fee is $171,661,00 for installation, training, and use of system. Each
subsequent year is $57,116.50.
Chairman Mallory asked about the company’s technical support.
Johnson said there is 24/7 technical support.
Chairman Mallory asked how many different Ecolane users were contacted.
Johnson said staff talked with ten different municipalities.
Vice Chair Neader asked Johnson expected any glitches.
Johnson said staff has worked diligently on cleaning up current data before it is transferred
to the new system. Ecolane staff will be on site to transport data and available for any unexpected
glitches. Johnson is hopeful to go live with Ecolane by July 1, 2021.
Chairman Mallory asked how long the transition is expected to take.
Johnson said it is customer driven so it depends on the time it takes for staff to get the
information to them.
This item was placed on consent.
Request from Emergency Medical Services for approval of a sole-source award to
Sage Security Solutions to install an integrated access control system: EMS Director Blair
Richey requested approval of a sole-source award for $48,000 to Sage Security Solutions for an
integrated access control system. The cost will be covered under the 2020 Cares Act Funding.
Future budget implications will be limited to any repairs that may need to be done throughout the
year. This will provide better security at all EMS stations and will allow us to meet current
HIPAA guidelines on access to buildings that may contain protected health information. The
Statesville base has the Sage Security Online System at the Public Safety Center in Statesville that
allows staff to immediately grant or deny access to the doors that are controlled on the EMS side
of the building. It also allows EMS the ability to set a security level on any particular door so only
certain employees have access (such as the narcotics closet and supervisor’s office). EMS is
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May 18, 2021
required by the federal government to protect patient health information from being released and
part of those requirements include restricting access to any building storing protected health
information. This system also provides an audit log showing who accessed or attempted to access
the building or restricted doors and at what time. Currently, only the Statesville base has this
ability. By having all the stations updated with this system will allow staff to grant and deny access
to all buildings at one time. Other bases have systems from different manufacturers and monitoring
that are incompatible with Statesville and usually takes 24 hours to update code locks that have to
be changed. Adding the same Sage Security System in all bases will provide compatibility with
the main system allowing staff central control over access in each. The need for compatibility
meets the statutory exemption for a sole-source purchase.
Mull added the system works off the employees’ county-issued badge.
This item was placed on consent.
Request from Emergency Medical Services for approval of budget amendment #45
and to allocate donation funds towards Community Response Support Team efforts with in
our community: EMS Director Blair Richey requested approval of budget amendment 45 budget
amendment to allocate donated funds towards Community Response Support Team efforts within
the community. The funds will be used to partially support software purchase for program
management and impact monitoring and to continue working with Iredell Christian Ministries on
program initiatives.
Request from Emergency Medical Services to proclaim May 16- 22, 2021 as
Emergency Medical Services Week: This item will be presented at 7pm.
Request from Tax Administration for approval of April 2021 Refunds and Releases:
This item was placed on consent.
Commissioner Assignment: Mull said Commissioner Norman will have fulfilled two 3-
year terms as of June 30, 2021. As defined in Partners Board Bylaws, a one-year lapse in service
will be required. A commissioner representative (or designee) will need to be selected to serve on
Partners Behavioral Board of Directors from July 1, 2021 - June 30, 2024. Commissioner Brown
volunteered to serve on the Partners Behavioral Board of Directors.
ANNOUNCEMENTS OF VACANCIES OCCURING ON BOARDS & COMMISSIONS
Farmland Preservation Advisory Board - 3 announcements
ICARE Board of Directors - 1 announcement
Industrial Facilities & Pollution Control Finance Authority - 2 announcements
Jury Commission - 1 announcement
Juvenile Crime Prevention Council - 1 announcement
Mitchell Community College Board of Trustees - 1 announcement
Mooresville Planning Board (ETJ) - 2 announcements
Statesville Board of Adjustment (ETJ) - 1 announcement
Statesville Planning Board (ETJ) - 1 announcement
Troutman Planning Board (ETJ) - 1 announcement
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APPOINTMENTS TO BOARDS & COMMISSIONS
(None)
OLD BUSINESS
(None)
NEW BUSINESS
(None)
COUNTY MANAGER’S REPORT
County Manager Beth Mull provided an update on the following:
Mull recently participated in a webinar for American Recovery Program (APR) funds.
The guidelines for the funds are not as loose as initially told. Only one item on the list previously
provided to the Board is allowable. Mull and staff will go back to the drawing board based on the
new guidelines and prepare an amended list. Mull encouraged the Board to provide any ideas as
well.
Mull said staff is beginning to work on a market analysis. Mull provided a list of
governmental entities used as a comparable. This list was updated in 2019. Mull asked the Board
to review the list.
During budget sessions, the Board discussed the idea of including permanent part-time
employees in the annual performance review process and merit increases.
Chairman Mallory said the Board would individually contact Mull regarding the
permanent part-time employees.
Chairman Mallory also directed Mull to iron out the budget implications for sign-on
bonuses and retention programs.
Mull said it was thought the County could use ARP funds for sign-on bonuses, but based
on the guidelines, that is not an allowable expense. However, it does pertain to essential workers,
therefore staff is hopeful there is some leverage.
Mull asked the Board if they wanted to continue with the sign-on bonuses if ARP Funds
cannot be used.
Chairman Mallory said the Board needs to know the dollar amount first.
Commissioner Houpe said the Board essentially consented to the 2.5% salary scale and
up to 3% merit.
Mull said funds were allocated for sign-on bonuses for the life of ARP Funds (2024) and
that may not be liable.
Commissioner Houpe asked if ARP Funding can be used for shift differential.
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May 18, 2021
Mull said it can be used to provide pay for essential workers. County Staff is considered
essential staff.
CLOSED SESSION
The Board entered into Closed Session at 5:57pm for Attorney-Client include litigation
by Skip McCall and others versus Iredell County and Iredell County Board of Commissioners.
IREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
May 18, 2021
The Iredell County Board of Commissioners met in regular session on Tuesday, May 18,
2021 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 Mallory
Vice Chairman Melissa Neader
Scottie Brown
Gene Houpe
Board Members Participating Remotely
Marvin Norman
Staff present: County Manager Beth Mull, County Attorney Lisa Valdez, Deputy County
Manager Susan Robertson, Assistant County Manager Joe Pierce, Finance Director Debra Cheek
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 or reflection.
PLEDGE OF ALLEGIANCE led by Chairman Mallory.
ADJUSTMENTS TO THE AGENDA
County Manager Beth Mull went over the following adjustments:
• Remove Economic Development from Closed Session
• Continued discussion from Budget Sessions under Unfinished Business
MOTION by Commissioner Brown to approve the agenda as presented.
VOTING: Ayes – 5; Nays – 0
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
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Request from Emergency Medical Services to proclaim May 16- 22, 2021 as Emergency
Medical Services Week: EMS Director Blair Richey requested the Board to proclaim May 16-
22, 2021 as Emergency Medical Services Week.
Chairman Mallory expressed appreciation to Richey and her staff, and presented the
following proclamation.
Emergency Medical Services Week
WHEREAS, Emergency Medical Services is a vital public service; and
WHEREAS, the members of Emergency Medical Services teams are ready to provide lifesaving
care to those in need 24 hours a day, seven days a week; and
WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate
of those who experience sudden illness or injury; and
WHEREAS, Emergency Medical Services has grown to fill a gap by providing important, out of
hospital care, including preventative medicine, follow-up care, and access to telemedicine; and
WHEREAS, the Emergency Medical Services system consists of first responders, emergency
medical technicians, paramedics, emergency medical dispatchers, firefighters, police officers,
educators, administrators, pre-hospital nurses, emergency nurses, emergency physicians,
trained members of the public, and other out of hospital medical care providers; and
WHEREAS, the members of emergency medical services teams, whether career or volunteer,
engage in thousands of hours of specialized training and continuing education to enhance their
lifesaving skills; and
WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency
medical services providers by designating Emergency Medical Services Week;
NOW, THEREFORE, the Iredell County Board of Commissioners, in recognition of this event do
hereby proclaim the week of May 16-22, 2021, as
EMERGENCY MEDICAL SERVICES WEEK
With the theme, “This is EMS: Caring for Our Communities” and encourage the community to
observe this week with appropriate programs, ceremonies and activities.
APPOINTMENTS BEFORE THE BOARD
(None)
PUBLIC HEARINGS
Chairman Mallory said the Board will not be able to vote on the following public hearing
because the meeting is considered a Remote Meeting. The matter will be voted on at the June 1,
2021 meeting.
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Public hearing to consider a request in regard to a text amendment to the Land
Development Code – Airport Overlay: Planning Director Matthew Todd requested approval of
a text amendment to the Land Development relative to the Airport Overlay. The ordinance
regulates the heights of structures in the approach zone of the airport. Through the years, the
County and City’s overlays were amended separately. County and City staff, and Airport Manager
John Ferguson worked with a consultant on a new overlay. The biggest change, recommended by
the consultant, in the overlay is the east is the only path in which the height restrictions need to be
protected. The City recently adopted the new overlay. Todd noted the Airport Commission has
recommended in favor of the text amendment.
Chairman Mallory opened the public hearing.
No one wished to speak.
Chairman Mallory closed the public hearing.
IREDELL COUNTY PLANNING & DEVELOPMENT
PLANNING STAFF REPORT
Proposed Text Amendment – Airport Overlay
EXPLANATION OF THE REQUEST
Due to current and future expansions at the Statesville Regional Airport, a revision was
needed to the Airport Overlay Ordinance. The following amendments are being
presented for amendment to the Iredell County Land Development Code.
Existing text that is bold and with strike through is text to be removed. Text in red and
underlined is new text to be added. The Iredell County Planning Board voted 9-0 to
recommend approval at their April 7, 2021 meeting.
STAFF COMMENTS
The overlay was included in the Land Development Code in July 2011. Since the
Approach zones extend into the County’s Planning jurisdiction, the revision will need to
be included in our code as well. The Statesville City Council approved the revision to the
overlay within their jurisdiction on February 1, 2021. The Airport Commission also approved
at their December meeting.
TEXT AMENDMENTS
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Airport Overlay Regulations
Section 4.6.1 Airport Zones
In order to carry out the purposes of air safety, there are hereby created and
established certain zones, which include all of the land lying beneath the primary
surface, approach surfaces, transitional surfaces, horizontal surfaces, and conical
surfaces as they apply to Statesville Regional Airport. Such zones are shown on
the Height Zoning Map (See Figure 4.2) dated September 2007, prepared by
Parrish and Partners, LLC and dated July 23rd, 2020, which is incorporated into the
comprehensive zoning map. An area located in more than one (1) of the
following zones is considered to be only in the zone with the more restrictive height
limitation. The various zones are hereby established and defined as follows:
A. Primary Zone
The primary zone is the area beneath the primary surface. This zone extends 200 feet
beyond each physical end of the runway, has a width of 1,000 feet, and is centered
on the runway centerline. The primary surface and the primary zone are based on a
planned ultimate runway length of eight thousand (8,000) feet.
B. Non-Precision Instrument with Visibility Minimums as Low As ¾ Mile Approach Zone
The inner edge of this approach zone coincides with the width of the primary surface
and is 1,000 feet wide. The approach zone expands outward uniformly at a slope of
thirty-four (34) feet horizontally for every one (1) foot vertically to a width of 4,000 feet
at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the
continuation of the centerline of the runway.
C. Precision Instrument Runway Approach Zone
The inner edge of this approach zone coincides with the width of the primary surface
and is 1,000 feet wide. The approach zone expands outward uniformly at a slope of
fifty (50) feet horizontally for every one (1) foot vertically for a horizontal distance of
10,000 feet, then at a slope of forty (40) feet horizontally for every one (1) foot vertically
to a width of 16,000 feet for at a horizontal distance of 50,000 feet from the primary
surface. Its centerline is the continuation of the centerline of the runway.
C. Primary Approach Zones
The Primary Approach Zones begin at each runway end starting at the pavement
edge at a width of 1,000 feet and extend to a width of 6,940 for a horizontal distance
of 20,000 feet. This zone provides that no structure may be built within this zone that
rises above a height as determined in the underlying zoning district as directed in
Chapter 2 or to a maximum of fifty (50) feet above ground elevation, whichever is less.
Any proposed structures that can produce a determination of no hazard from the FAA
and with written consent from the Statesville Regional Airport Manager will be exempt
from this section.
D. Primary Zone
The primary zone is the area beneath the primary surface. This zone extends 200 feet
beyond each end of the runway, has a width of 1,000 feet, and is centered on the
runway centerline.
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E. Transitional Zones
The transitional zones are the areas beneath the seven (7) foot horizontal to one (1)
foot vertical transitional surfaces.
F. Horizontal Zone
The horizontal zone is established by swinging arcs of 10,000 feet radii from the center
of each end of the primary surface of each runway and connecting the adjacent
arcs by drawing lines tangent to those arcs. The horizontal zone does not include the
approach and transitional zones. This zone contains the Horizontal Surface, which is
located 150 feet above the established airport elevation.
G. Conical Zone
The conical zone is established as the area that commences at the periphery of the
horizontal zone and extends outward there from a horizontal distance of 4,000 feet.
This zone contains the Conical Surface, which contains a slope of twenty (20) feet
horizontally for every one (1) foot vertically.
Section 4.6.2 Height Limitations
No structure or tree shall be erected, altered, allowed to grow or maintained in the airport
zones to a height in excess of the height limit as determined by the aerial contours
appearing on the Height Zoning Map or referred to in Section 4.6.1. Except for the City of
Statesville, the property owner of a tree, determined to be an airport hazard, shall not be
responsible for bringing such tree into conformance with this ordinance.
A. Except as otherwise provided in this Ordinance, no structure shall be erected, altered,
or maintained, and no tree shall be allowed to grow in any zone created by this
Ordinance to a height in excess of the applicable height limit herein established for
such zone, as depicted on the Statesville Regional Airport Height Zoning Map referred
to in Section 6. Such applicable height limitations are hereby established for each of
the zones in question as follows:
1. Primary Zone
The elevation of any point in the primary zone is t he same as the elevation of the
nearest point on the runway centerline.
2. Non-Precision Instrument Runway with Visibility Minimums as Low As 3/4 Mile
Approach Zone
Slopes thirty-four (34) feet outward for each foot upward beginning at the end of
and at the same elevation as the primary surface and extending to a horizontal
distance of ten thousand (10,000) feet along the extended runway centerline.
3. Precision Instrument Runway Approach Zone
Slopes fifty (50) feet outward for each foot upward beginning at the end of and at
the same elevation as the primary surface and extending to a horizontal distance
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of ten thousand (10,000) feet along the extended runway centerline; thence slopes
upward forty (40) feet horizontally for each foot vertically to an additional
horizontal distance of forty thousand (40,000) feet along the extended runway
centerline.
4. Transitional Zones
Slope seven (7) feet outward for each foot upward beginning at the sides of and
at the same elevation as the primary surface and the approach surf ace, and
extending to a height of one hundred and fifty (150) feet above the airport
elevation which is nine hundred sixty-seven and eight tenth (967.8) feet above
mean sea level. In addition to the foregoing, there are established height limits
sloping seven (7) feet outward for each foot upward beginning at the sides of and
at the same elevation as the approach surface and extending to where they
intersect the conical surface. Where the precision instrument runway approach
zone projects beyond the conical zone, there are established height limits sloping
seven (7) feet outward for each foot upward beginning at the sides of and at the
same elevation as the approach surface, and extending a horizontal distance of
five thousand (5,000) feet measured at ninety (90) degree angles to the extended
runway centerline.
5. Horizontal Zone
Established at one hundred and fifty (150) feet above the airport elevation or at an
elevation of one thousand one hundred seventeen and eight tenth (1,117.8) feet
above mean sea level.
6. Conical Zone
Slopes twenty (20) feet outward for each foot upward beginning at the periphery
of the horizontal zone and at one hundred and fifty (150) feet above the airport
elevation and extending to a height of three hundred and fifty (350) feet above
the airport elevation.
B. The following limitations shall also hereby apply:
1. Structures and/or trees that exceed the height limitations established for each
zone in this article are hereby determined to be obstructions. Except for the
City of Statesville, the property owner of a tree determined to be an obstruction
shall not be responsible for bringing such tree into conformance with this
article.
2. In addition to the height limitations defined herein, any structure or tree that
would either cause a minimum obstruction clearance altitude, a minimum
descent altitude, or a decision height for Statesville Regional Airport to be
raised, takeoff minimums to be raised, or a non-standard climb gradient to be
increased, is hereby determined to be an obstruction.
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3. Notwithstanding any other provision of this article, any structure or tree that
exceeds the following height limitations within the jurisdictional limits of the City
of Statesville shall be considered an obstruction:
a. A height of five hundred (500) feet above ground level at the site of the
structure.
b. A height that is two hundred (200) feet above ground level, or the
established airport elevation, whichever is higher, within three (3) nautical
miles of the established airport reference point.
Section 4.6.3 Use Restrictions
Notwithstanding any other provisions of this Ordinance, no use may be made of land or
water within any zone established by this Ordinance in such a manner as to create
interference with the operation of airborne aircraft. The following special requirements
shall apply to each permitted use:
A. All lights, lasers or illumination used in conjunction with streets, parking, signs, or use
of land, and structures, shall be arranged and operated in such a manner so that it is
not misleading or dangerous to aircraft operating from the Airport or in the vicinity
thereof. Particularly, it shall not be made difficult for pilots to distinguish between
airport lights and others.
B. No operations or use of land of any type shall produce smoke, glare or other visual
hazards which impair the visibility in the vicinity of the airport, create bird strike
hazards, or otherwise endanger or interfere with the landing, takeoff or maneuvering
of aircraft intending to use the Airport.
C. No operations or use of land of any type shall produce electronic interference with
navigation signals or radio communication between the Airport and aircraft.
Section 4.6.4 Nonconforming Uses
A. Regulations Not Retroactive
The regulations prescribed by this Ordinance shall not be construed to require the
removal, lowering, or other change or alteration of any structure or tree not
conforming to the regulations as of the effective date of this Ordinance, or otherwise
interfere with the continuance of nonconforming use of any structure or tree not
conforming to the regulations as of December 3, 2003. Nothing contained herein shall
require any change in the construction, alteration, or intended use of any structure,
the construction or alteration of which was begun prior to the effective date of this
Ordinance and is diligently prosecuted.
B. Marking and Lighting
Notwithstanding the preceding provision of this Section, the owner of any existing
nonconforming structure or tree is hereby required to permit the installation,
operation, and maintenance thereon of such markers and lights as shall be deemed
necessary by the Airport Manager to indicate to the operators of aircraft in the vicinity
of the airport the presence of such airport obstruction. Such markers and lights shall
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be installed, operated, and maintained at the expense of the owner of such
nonconforming structure or tree in accordance with FAA Advisory Circular AC
70/7460-1L or subsequent revisions.
Section 4.6.5 Permits
A. Future Uses
Except as specifically provided in a., b., and c. hereunder, no material change shall
be made in the use of land, no structure shall be erected or otherwise established,
and no tree shall be planted in any zone hereby created unless a permit in
accordance with the provisions of this article has been applied for and granted. Each
application for a permit shall indicate the purpose for which the permit is desired, with
sufficient particularity to permit it to be determined whether the resulting use, structure,
or tree would conform to the regulations herein prescribed. If such determination is in
the affirmative, the permit shall be granted. No permit for a use inconsistent with the
provisions of this Ordinance shall be granted unless a variance has been approved in
accordance with Section 10, §4.
1. In the area lying within the limits of the Horizontal Zone and Conical Zone, no permit
shall be required for any tree or structure less than eighty (80) feet of vertical height
above the ground, except when, because of terrain, land contour, or topographic
features, such tree or structure would extend above the height limits prescribed for
such zones.
2. In areas lying within the limits of the Approach Zones, but at a horizontal distance
of not less than four thousand two hundred (4,200) feet from each end of the
runway, no permit shall be required for any tree or structure less than eighty (80)
feet of vertical height above the ground, except when such tree or structure would
extend above the height limit prescribed for such approach zones.
3. In the areas lying within the limits of the Transition Zones beyond the perimeter of
the Horizontal Zone, no permit shall be required for any tree or structure less than
eighty (80) feet of vertical height above the ground, except when such tree or
structure, because of terrain, land contour, or topographic features, would extend
above the height limit prescribed for such transition zones.
4. When compliance with the aerial contour height limits as depicted on the
Statesville Regional Airport Height Zoning Map cannot be clearly established
without further information, the Planning Director may require that the permit
include, but not be limited to, the ground elevation and coordinates of the area in
question with certification by a registered land surveyor or professional engineer.
5. Each applicant for a permit shall include as an attachment to the application an
airspace determination issued by the FAA pursuant to the requirements of 14 CFR
Part 77, and a copy of FAA Form 7460.
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Nothing contained in any of the foregoing exceptions shall be construed as permitting or
intending to permit any construction, or alteration of any structure, or growth of any tree
in excess of any of the height limits established by this Ordinance.
B. Existing Uses
No permit shall be granted that would allow the establishment or creation of an
obstruction or permit a nonconforming use, structure, or tree to become a greater
hazard to air navigation than it was on the effective date of this Ordinance or any
amendments thereto or than it is when the application for a permit is made. Except
as indicated, all applications for such a permit shall be granted.
C. Nonconforming Uses Abandoned or Destroyed
Whenever the Planning Director determines that a nonconforming tree or structure has
been abandoned or more than 80 percent torn down, physically deteriorated, or
decayed, no permit shall be granted that would allow such structure or tree to exceed
the applicable height limit or otherwise deviate from the zoning regulations.
D. Variances
Any person desiring to erect or increase the height of any structure or tree, or use their
property not in accordance with the regulations prescribed in this ordinance, may
apply to the Board of Adjustment for a variance from such regulations. S uch variances
may be allowed where it is duly found that a literal application or enforcement of the
regulations would result in practical difficulty or undue hardship and the relief granted
would not be contrary to the public interest but will do substant ial justice and be in
accordance with the intent of this ordinance.
E. Obstruction Marking and Lighting
Any permit or variance granted may, if such action is deemed advisable to effectuate
the purpose of this Ordinance and be reasonable in the circumstances, be so
conditioned as to require the owner of the structure or tree in question to install,
operate, and maintain, at the owner's expense, such markings and lights as may be
necessary in accordance with FAA Advisory Circular AC 70/7460-1L or subsequent
revisions.
Section 4.6.6 Conflicting Regulations
Where there exists a conflict between any of the regulations or limitations prescribed in
this Ordinance and any other regulations applicable to the same area, whether the
conflict be with respect to the height of structures or trees, and the use of land, or any
other matter, the more stringent limitation or requirement shall govern and prevail.
Section 12.2.3 Airport Overlay Requirements
Before the Board of Adjustment considers a variance request or hears an appeal from
any order, requirement, decision or determination made under the provisions of this
article, the Statesville Regional Airport Commission shall be given an opportunity to make
recommendations with respect to the variance or appeal.
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Figure 4.2 Height Zoning Map
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Figure 4.2 Height Zoning Map
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Acronyms
• FAA: Federal Aviation Administration
Definitions
Airport Elevation. The established airport elevation above mean sea level, which is 965
feet at Statesville Municipal Airport. The highest point of an airport's usable landing area
measured in feet above mean sea level, which is nine hundred sixty-seven and eight
tenth (967.8) feet above mean sea level at Statesville Regional Airport.
Airport Hazard. Any structure or tree which obstructs the aerial approaches of a publicly
owned airport or is otherwise hazardous to its use for landing or taking off. Replaced by
Hazard to Air Navigation and Obstruction
Airport Reference Point. The center point of an airport, located at the geometric center
of all usable runways. The Airport Reference Point (ARP) is computed as a weighted
average of the end of runway coordinates.
Approach Surface. A surface longitudinally centered on the extended runway
centerline, extending outward and upward from the end of the primary surface and at
the same slope as the approach zone height limitation slope set forth in Section 4.6.1.
In plan, the perimeter of the approach surface coincides with the perimeter of the
approach zone. This surface is based upon the civil airport imaginary surfaces defined
in 14 CFR Part 77, Subpart C, §77.19.
Airport Overlay Zones (Primary, Approach, Transitional, Horizontal, and Conical). A
mapped zone that imposes a set of requirements in addition to those of the underlying
zoning district. These zones are set forth in Section 6 of this Ordinance.
Conical Surface. A surface extending outward and upward from the periphery of the
horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet. This surface
is based upon the civil airport imaginary surfaces defined in 14 CFR Part 77, Subpart C,
§77.19.
Decision Height. The height at which a decision must be made during either a precision
instrument approach or an instrument approach with vertical guidance to either continue
the approach or to execute a missed approach.
Hazard to Air Navigation. An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace as determined by the FAA
per 14 CFR Part 77, Subpart D.
Height. The vertical distance from the ground elevation to the highest point of a structure
or tree, including any appurtenance thereon. For the purpose of determining the height
limits in all zones set forth in this Ordinance and shown on the Statesville Regional Airport
Height Zoning Map, the reference shall be mean sea level elevation unless otherwise
specified.
Horizontal Surface. A horizontal plane one hundred and fifty (150) feet above the
established airport elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal zone. This surface is based upon the civil airport imaginary surfaces
defined in 14 CFR Part 77, Subpart C, §77.19.
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Larger Than Utility Runway. A runway that is constructed for and intended to be used by
propeller driven aircraft of greater than twelve thousand five hundred (12,500) pounds
maximum gross weight and jet powered aircraft.
Minimum Descent Altitude (MDA). The lowest altitude, expressed in feet above mean
sea level, to which descent is authorized on final approach or during circling-to-land
maneuvering in execution of an instrument approach procedure where no vertical
guidance is provided.
Minimum En-Route Altitude (MEA). The lowest altitude, expressed in feet above mean
sea level, in effect between fixes on VOR airways or en-route segments that meets
obstacle clearance requirements and ensures acceptable navigational signal coverage
for the entire route segment.
Minimum Obstruction Clearance Altitude (MOCA). The lowest published altitude,
expressed in feet above mean sea level, in effect between fixes on VOR airways or
Non-Precision Instrument Runway. A runway having an existing instrument approach
procedure utilizing air navigation facilities with one horizontal guidance, or are type
navigation equipment, for which a straight-in non-precision instrument approach
procedure has been approved or planned, or a runway having an existing or planned
approach with vertical guidance using Area Navigation (RNAV) equipment supported by
a Satellite-Based Augmentation System (SBAS) for the Global Positioning System (GPS).
Obstacle. Any structure, growth, or other object, including a mobile object, that has been
identified as having a potential to be an obstruction.
Obstruction. Any structure, growth, or other object, including a mobile object, which
exceeds a limiting height set forth in Section 7 of this Ordinance.
Precision Instrument Runway. A runway having an existing instrument approach
procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar
(PAR) or a Ground-Based Augmentation System (GBAS) for the Global Positioning System
(GPS). It also means a runway for which a precision approach system is planned and is
so indicated on an approved airport layout plan or any other planning document.
Primary Surface. A surface longitudinally centered on a runway. When the runway has
a specifically prepared hard surface, the primary surface extends 200 feet beyond each
end of that runway. The width of the primary surface is 1,000 feet wide and centered on
the runway centerline set forth in Section 4.6.1 of this Ordinance. The elevation of any
point on the primary surface is the same as the elevation of the nearest point on the
runway centerline. This surface is based upon the civil airport imaginary surfaces defined
in 14 CFR Part 77, Subpart C, §77.19.
Transitional Surfaces. Surfaces that extended outward at ninety (90) degree angles to
the runway centerline and the runway centerline extended at a slope of seven (7) feet
horizontally for each foot vertically from the sides of the primary and approach surfaces
to where they intersect the horizontal and conical surfaces. Transitional surfaces for those
portions of the precision approach surfaces, which project through and beyond the limits
of the conical surface, extend a distance of 5,000 feet measured horizontally from the
edge of the approach surface and at ninety (90) degree angles to the extended runway
centerline. This surface is based upon the civil airport imaginary surfaces defined in 14
CFR Part 77, Subpart C, §77.19.
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May 18, 2021
Utility Runway. A runway that is constructed for and intended to be used by propeller
driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight
and less.
Visual Runway. A runway intended solely for the operation of aircraft using visual
approach procedures.
* * * *
Chairman Mallory said the Board will not be able to vote on the following public hearing
because the meeting is considered a Remote Meeting. The matter will be voted on at the June 1,
2021 meeting.
Public hearing to consider an economic development incentive for Project Paragon :
Jenn Bosser presented Jeld-Wen, an existing industry company also known as Project Paragon, for
consideration for an incentive from Iredell County. Jeld-Wen plans to expand their manufacturing
footprint in the City of Statesville. The company is one of the world’s largest do ors and windows
manufacturers, operating 117 manufacturing facilities in 19 countries with over 22,000 employees.
Headquartered in Charlotte, Jeld-Wen designs, produces, and distributes an extensive range of
interior and exterior doors and windows. The project proposes to create up to 235 jobs and a
capital investment just over $7.8 million. The State of North Carolina approved a $2 million job
development investment grant on May 4, 2021. The State’s participation is significant and it speaks
to the company’s commitment to create jobs at or above at Iredell County’s current wage. The
JDIG is performance base and is discretionary incentive program awarded onl y in competitive
recruitment or retention projects. The State requires a local match for the JDIG. Last night, the
City of Statesville approved an incentive grant for the project up to $143,608,000 based on their
policy.
In accordance with Iredell County’s Economic Development Policy, Bosser requested an
economic incentive grant to Jeld-Wen for up to $129,643 based on a capital investment total of
$7,875,000 and creation of 175 jobs. The grant would be payable over 5 years and is performance
based. Payment is tied to the amount of new increment assessed value generated from the private
investment by the company.
On behalf of Iredell County Economic Development Corporation, Bosser expressed
appreciation to the Board for their consideration of the grant.
Chairman Mallory opened the public hearing.
No one wished to speak.
Chairman Mallory closed the public hearing.
ADMINISTRATIVE MATTERS
County Manager Beth Mull summarized the following Administrative Matters during the
Pre-Agenda meeting held at 5pm:
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May 18, 2021
• Request from the Iredell-Statesville Schools for approval to transfer money between capital
lines.
• Request from ICATS for approval of purchase and auto-renewing contract.
• Request from Emergency Medical Services for approval of a sole -source award to Sage
Security Solutions to install an integrated access control system.
• Request from Emergency Medical Services for approval of budget amendment #45 and to
allocate donation funds towards Community Response Support Team efforts with in our
community.
• Request from Tax Administration for approval of April 2021 Refunds and Releases.
• Commissioner Assignment
• Approval of the comparable counties for the market study with the addition of Davie
County and Wilkes County.
MOTION by Commissioner Houpe to approve the consent agenda.
VOTING: Ayes – 5; Nays – 0
ANNOUNCEMENTS OF VACANCIES ON BOARDS & COMMISSIONS
Farmland Preservation Advisory Board - 3 announcements
ICARE Board of Directors - 1 announcement
Industrial Facilities & Pollution Control Finance Authority - 2 announcements
Jury Commission - 1 announcement
Juvenile Crime Prevention Council - 1 announcement
Mitchell Community College Board of Trustees - 1 announcement
Mooresville Planning Board (ETJ) - 2 announcements
Statesville Board of Adjustment (ETJ) - 1 announcement
Statesville Planning Board (ETJ) - 1 announcement
Troutman Planning Board (ETJ) - 1 announcement
Chairman Mallory encouraged anyone interested in serving to apply by going on the
County website or contacting Clerk to the Board Amy Anderson.
APPOINTMENTS TO BOARDS & COMMISSIONS
(None)
UNFINISHED BUSINESS
(None)
PUBLIC COMMENT PERIOD
Tommy Hamel shared dissatisfaction in the lawsuit brought by the NAACP regarding the
statue. Hamel feels the NAACP could better utilize their resources within the community.
Richard Coleman expressed appreciation to the Board for stewardship to the County.
NEW BUSINESS
(None)
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May 18, 2021
COUNTY MANANGERS REPORT
CLOSED SESSION
There were no action items to report.
ADJOURNMENT
MOTION by Commissioner Brown to adjourn at 7:42PM. The Board will meet for a
regular meeting Tuesday, June 1, 2021 at 5pm in the Commissioners’ Meeting Room, Government
Center, 200 South Center Street, Statesville, NC.
VOTING: Ayes – 5; Nays – 0
__________________________________ ___________________________________
Date Approved Amy B. Anderson, Clerk