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HomeMy WebLinkAboutnov 16 minutes 1 November 16, 2021 IREDELL COUNTY BOARD OF COMMISSIONERS PRE-AGENDA SESSION November 16, 2021 The Iredell County Board of Commissioners met in pre-agenda session on Tuesday, November 16, 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 added item VIII.18 under Administrative Matters and Attorney Client (pursuant to NCGS 143-318.11 (a) (3). Commissioner Houpe added an item under New Business. PUBLIC HEARINGS Public hearing to consider a request from applicants, David Jones (Broker) & Robert Mayhew (Buyer), to rezone approximately 4.71 acres at the corner of Old Mountain Road and Water Tank Road: Planning Director Matthew Todd said the request is to rezone 4.71 acres is located at the corner of Old Mountain Road and Water Tank Road from Highway Business (HB) to Light Manufacturing Conditional District (M-1CD). Todd noted the only condition proposed is a 200 foot setback for grinding. All M1 uses would be included – which match adjacent properties. Todd explained there was no opposition at the Public Input Meeting or the Planning Board meeting. Planning Board voted in favor of the rezoning and staff supports the rezoning. Chairman Mallory said there may be a number of people at the public hearing. Generically, for any kind of stump operation one of the highest complaints are mud being tracked onto the road, dust, and noise. The proposed operation does not include any kind of burning. It is designed to produce and sell mulch. Commissioner Houpe feels it is a great business plan but wrong location. Houpe said some citizens did not attend the Planning Board meeting because they did not know until later what kind of operation being proposed. Houpe asked if notice of public hearings can be amended to include additional information. 2 November 16, 2021 Valdez suggested to not include anything in the public notice that was not part of the application. If the applicant states the intended use then that is information that can be shared, but because it could change or be speculative, and the Board’s decision has to be made on any permitted use in the M1 district – not what the applicant is proposing. Todd said the notice includes a map and the website to access the staff report. Todd shared concerns over stating one use when in fact it could be something else. Commissioner Brown received numerous calls about the request. Brown asked if the 200 foot setback is around the property. Todd said the setback would be along only the residential properties to the south. Commissioner Norman asked if the Board has all available information on the request. Chairman Mallory said currently, it is known to be stump grinding operation generating mulch for sale using a tub grinder. The applicants will be present at 7pm to address any additional questions. Commissioner Brown asked if the operator will be grinding stumps and pallets. Commissioner Houpe said both. Todd noted the use could be any use in the table of permitted uses for M1. The request does not exclude other uses. Chairman Mallory asked Todd to have the list of permitted uses in M1 available. Public hearing for the consideration of text amendments to the Iredell County Voluntary and Enhanced Farmland Preservation Ordinances: Planning Director Matthew Todd said there is approximately 18,000 acres in the voluntary program. The Enhanced Ordinance is voluntary but is more binding. Todd noted the text amendments are housekeeping and aligning the documents with state statute. The Farmland Advisory Board recommended in favor of the text amendments. ADMINISTRATIVE MATTERS Request from Planning & Development to consider calling for a public hearing on December 7, 2021 at 7:00 p.m. in regard to a text amendment to the Land Development Code: Planning Director Matthew Todd requested approval to call for a public hearing on December 7, 2021. There is a new model ordinances and the changes are statute. This item was placed on consent. Request from the City of Statesville for approval to allocate $42,607 as the 5% share of a grant received from the NC Department of Transportation Aviation Division for Land Acquisition - Runway 10 Runway Protection Zone: Statesville Regional Airport Manager John Ferguson requested approval to allocate $42,607 as the County’s 5% share of a grant match 3 November 16, 2021 received from the NCDOT Aviation Division for Land Acquisition for Runway 10 Protection Zone. Ferguson said the Uniform Relocation Act will be followed for any residences that need to be relocated. The City has agreed to fund the other 5%. Commissioner Brown asked if there will be fence around the property. Ferguson said there will be a fence around the runway but not the property. Commissioner Brown asked if the land will continue to be farmed. Ferguson said the City will look into that. Chairman Mallory asked about how many trees will be cut. Ferguson said there will be some clear cutting. Vice Chair Neader asked how many residences will have to be removed. Ferguson said three and the FAA requires that they be demolished. Chairman Mallory was a little surprised that more property needed to be acquired. Mull said Ferguson will present a capital improvement plan for the airport to the Board annually. This item was placed on consent. Request from Solid Waste for approval of an agreement with Carlson Environmental Consultants in the amount of $96,840: Solid Waste Director Teddy Boller requested approval of an agreement with Carlson Environmental Consultants in the amount of $96,840. Solid Waste has an ongoing Master Agreement with Carlson Environmental Consultants (CES) for routine consulting and engineering for the gas collection system. Until now routine work orders under the Master Agreement have always fallen below the $50,000 exemption allowed per NCGS per G.S. 143-64.32. Engineering the design cost $23,840, and the next step is to advertise for bids. Additional CES costs for preparation of bid documents and assistance along with project management and contract quality assurance total $73,000. Total engineering and consultant costs for this project, $96,840 exceed the statutory $50,000 exemption. Solid Waste included funds in the FY21 and FY22 for the expansion of the landfill gas collection system to sustain and increase the output of methane supplied to DTE for which Solid Waste receives revenue averaging $66,738 per quarter. The expansion is at a critical point because current methane concentration levels are below the levels necessary to comply with the DTE contract. This item was placed on consent. Request from Health Department for approval to Write-Off Uncollected Patient Accounts in the amount of $35,912.75: Jessica Ridgway requested approval to write-off uncollected patient accounts in the amount of $35,912.75. Annually, the Iredell County Health Department brings their uncollected debt to the Board of Health for permission to write-off that debt in conjunction with 10A NCAC 43A .0206. Write-offs of uncollected patient accounts are 4 November 16, 2021 considered a standard accounting practice that the Health Department brings to the Board of Health on an annual basis. The private pay accounts have had no activity since June 30, 2018. The accounts have also received 30, 60, and 90 day past due statements. All accounts have been sent debt setoff letters and, if the balance is over $50.00 and the department has a valid SSN, the debts have been submitted to the NC Debt Setoff Program. Ridgway also requested approval to adjust off $57 of uncollected Medicaid balances from 2018. There was an error when a co-payment was posted in CureMD which resulted in this claim being marked as “paid in full” by Medicaid. When the error was located the 1-year timely filing limit for Medicaid had already passed. For comparison, FY18’s gross charges were $2,599,708.10; the $35,912.75 to be written off is only 1.38% of what was charged. This low percentage is indicative of the work staff does in collecting outstanding balances. Request from Social Services for approval of Budget Amendment #19 to receive and expend an additional $10,392 in supplemental Chafee (LINKS) Foster Care funds for one - time unrestricted financial assistance to four more qualified former foster youth: The Consolidated Appropriations Act (Public Law 116-260) enacted on December 27, 2020, provides supplemental appropriations for the John H. Chafee Foster Care Program for Successful Transition to Adulthood. Iredell County previously received an increase in their LINKS allocation totaling $82,108.00. These funds were designated for one-time unrestricted payments to eligible young adults who are current and former foster children as follows. Since the initial deadline of September 30th, Iredell County has been approved by NC Department of Health and Human Services to receive an additional $10,392.00 in unexpended funds being redistributed from other counties, bringing our total supplemental LINKS funds to $92,500.00. These additional funds will be used to make stimulus payments to four additional qualified former foster youth. This item was placed on consent. Request from the Library for approval to apply for a LSTA Laundromat Family Literacy Centers Grant through the State Library of North Carolina: Library Director Juli Moore requested approval to apply to the State Library of North Carolina for a LSTA Laundromat Family Literacy Centers Grant in the amount of $5,000. The library will collaborate with the Iredell County Partnership for Young Children on this initiative, combining resources and targeting early literacy. The funds will be used to purchase books, displays, and materials for seven laundromat early literacy sites. This item was placed on consent. Kent Greene explained the following four requests. The grants are applied for annually. Most focus on hazardous materials. Request from Emergency Management for approval to apply for a Local Emergency Planning Committee (LEPC) non-competitive grant in the amount of $1,000 to purchase materials and equipment to support the LEPC: Proceeds will be used for printers. This item was placed on consent. Request from Emergency Management for approval to apply for a Tier 2 Hazardous Materials competitive grant in the amount of $10,000 to conduct hazardous materials training for local hazmat teams: Proceeds will be used for HazMat Tech Class. 5 November 16, 2021 This item was placed on consent. Request from Emergency Management for approval to apply for the annual Emergency Management Preparedness Grant, which supports the overall functions of the Office of Emergency Management: Funds will vary and the match is currently budgeted. Proceeds are used to supplement and offset funds in the office of Emergency Management. This item was placed on consent. Request from Emergency Management for approval to apply for a Hazardous Materials Performance Grant (HMPG) to conduct an exercise in conjunction with the two hazmat teams in Iredell County as well as other regional partners: Proceeds from the funds will be used to conduct a hazardous exercise. This item was placed on consent. Chairman Mallory asked the status of the hiring of the new Assistant Fire Marshall. Greene said the new hire started about six weeks ago and is primarily tasked with working with dairy farms, and poultry and grain facilities. Chairman Mallory asked the status the County-Wide area approach to a power outage. Greene said a draft should be ready to present to the Public Safety Task Force in early spring. Chairman Mallory said there needs to be a meeting of elected from each municipality, Chamber of Commerce, and Economic Development. Greene is working with the Centralina Economic Development Group on a regional resiliency plan. Request from the Finance Department for approval of Budget Amendment #20 to appropriate additional capital funding to the school systems: Finance Director Deb Cheek explained that the County moved to a new funding formula with the school systems this past year. The capital portion is calculated on sales taxes collected. The County did not receive the final sales tax distribution for FY2021 until September. Based on actual sales taxes collected, additional capital funding for Iredell-Statesville is $1,977,879 and MGSD is $570,567. Cheek requested approval of budget amendment #20 and also appropriates fund balance held in reserves for the school systems as follows: Iredell-Statesville $566,308; MGSD $355,199 and Mitchell Community College $550,954. This item was placed on consent. Request from the Finance Department for approval of Budget Amendment # 21 to appropriate additional current expense to Iredell Statesville Schools and Mitchell Community College: Finance Director Deb Cheek said due to COVD-19 impacting the operations of the school systems last year, an agreement was made to re-visit the Average Daily Membership 6 November 16, 2021 (ADM) after the first month enrollment numbers were verified by the State. This resulted in 247 additional students for Iredell Statesville or $485,849. As Mitchell Community College is based on a percentage of the school systems, an additional $22,691 is appropriated for them. MGSD did not see an increase of students. This budget amendment transfers funds from future capital improvements to current expense for the respective school system. This item was placed on consent. Request from the Finance Department for approval to amend American Rescue Plan Act Special Revenue Fund Grant Ordinance: Finance Director Deb Cheek requested approval of the following projects and to amend the American Rescue Plan Act Special Revenue Fund Grant Ordinance.  Sewer work at Jennings Park of an estimated cost of $3,511,696 (including contingency).  Supplies to assist during the Covid Pandemic (Jail, Janitorial, Vaccines, PPE)  Housing Assistance Program in the amount of $100,000. The Department of Social Services will administer the program.  Barium Springs Sewer Line in the amount of $516,000. The sewer line will be in front of Children’s Hope Alliance property past the Recreation Center. Mull said the sewer line in Barium Springs is projected to cost closer to $500,000 so the full amount may not be needed. If the Board wants to do a ‘not to exceed,’ any funds that are not spent can be reallocated. Mull said County Attorney Lisa Valdez is in the final stages of the agreement. Mull noted the request is to set aside the funding and approval for the Chairman or County Manager to sign the agreement once it is finalized. Valdez said this is an amendment to a prior agreement that Chairman Mallory signed. The amendment includes changes to the project funding and the addition of deadlines. Also, it reduced the project costs by a little over $300,000, but the County’s portion increased. Valdez has a final version from the Town of Troutman and the attorney for Children’s Hope Alliance is in the process of reviewing it. Valdez said if the Board sees fit to give permission for the Chairman or County Manager to sign, otherwise the matter will be held up until the first meeting in December. Commissioner Houpe thought the sewer project was a part of the large project with the Town of Troutman and City of Statesville. Houpe asked the advantages of paying for the Children’s Hope Alliance portion. The Board was interested in hearing back from staff on the $6 million project with Troutman and Statesville that includes this project. Mull said staff is still vetting other projects submitted by all of the municipalities. Some of the projects will come off the list as legislators secured funding for some. This project was already contracted before ARPA funds became available and is time sensitive. Staff worked with Troutman and Children’s Hope Alliance and reduced the cost from $856,000 to $500,000. It is an allowable expense through ARPA because of the demographics of the Children’s Hope Alliance and the population it will serve. Commissioner Houpe thought Troutman was included in the agreement. 7 November 16, 2021 Valdez said Troutman is still in the agreement and until the amendment the County’s portion of the line was $202,000 related to the Recreation Center and Troutman was getting financing for the balance of that. Commissioner Houpe asked how much Troutman was going to finance. Valdez said $654,000. Commissioner Houpe asked why Troutman’s portion is not covered by ARPA. Mull said Troutman will not pay anything now. Commissioner Houpe asked if the Town of Troutman will need to obtain financing for the amended agreement. Valdez said no. Commissioner Houpe would like to see the County assist Troutman because they are a partner in the Fairground. Valdez said Troutman was paying for Children’s Hope Alliance’s portion. Commissioner Houpe said Troutman’s portion decreased while the County’s increased. Valdez said Troutman is paying for an upgrade to the Iredell Avenue pump station, which is unrelated but to not to have to improve the Technology Drive pump station. That is where the cost difference and savings came from. That is separate and Troutman agreed that is not a part of this $500,000. The $500,000 gets the line from Children’s Hope Alliance down to the existing pump station at Technology. Valdez noted as the project was it was before was being paid for by Troutman and Iredell is now being paid for by Iredell and for $300,000 less. Commissioner Houpe asked if the pump station upgrade will benefit the County and if it can be funded by ARPA funds. Valdez said the pump station upgrade may not be eligible for ARPA funds. That project is to allow the Town to divert capacity elsewhere. Commissioner Houpe asked what the Town requested. Valdez said $500,000 which is what staff is requesting approval for. The improvements to the Iredell Avenue pump station would take capacity elsewhere and that capacity could be used at the Technology Drive pump station for Children’s Hope Alliance, Commissioner Houpe asked if the amended agreement negatively impacts the Town’s financing or the ability to do the other project that was originally discussed. 8 November 16, 2021 Mull said the agreement is a less expensive solution and Troutman is not having to pay anything. The County is paying for it all using ARPA funds. Because this is a project already under contract. There are other requests that Troutman submitted that is separate from this. Valdez said what is being requested is what Troutman and their engineer proposed to staff. Commissioner Houpe is okay with the project if it benefits the County to improve the system. Mull said that is why staff is recommending to pay for the entire project with County ARPA funds. The project helps all three entities. This item was placed on consent. The consent also includes approval for the Chairman or County Manager to sign the agreement. This item was placed on consent. Update on the Sale of Bonds: Finance Director Deb Cheek reported on the Sale of Bonds for the Mooresville Graded School system. There 10 bidders with an 18 basis points spread. The County locked in a true interest rate with JP Morgan Securities at 1.5692%. Cheek provided a summary of bond statistics. The buyers paid a premium of $3,716,985 so the County had to borrow only $31,510. Chairman Mallory said this is a win-win for all and is a result of not only very hard staff work but also the individual department across the County watching the bottom line. Mallory congratulated Mooresville Graded Schools. This item will be presented again at 7pm. Request from the Town of Mooresville for approval of a resolution to transfer right for 10/70 land in the Back Creek/Sloan Creek Public Water Supply Watershed: County Manager Beth Mull explained the request. Total Watershed acreage: 5,498 10% of those acres that can be developed 70%: 549.80 acres Mooresville allocated acres: 514.41 County allocated acres: 20.09 Mull said based on the 1993 rule, Mooresville’s total 10/70 acreage should be 59 and the County’s should be 490.80. The flaw in the rule is that it does not take into account annexations, ETJ, etc. Mooresville has over allocated their 10/70 acres and is requesting a transfer of some of our available acres to them. The Economic Development Task Force met with Mooresville representatives and discussed this topic and it was decided that if Mooresville develops and grows their tax base, it also grows the County’s and that has specifically been exhibited in the joint city/county partnership with Mooresville Business Park East. Mull said the Economic Development Task Force recommends that the County transfer the necessary acreage to the Town of Mooresville to make them whole with the acreage they have already allocated and approved for development, some of which is in the joint business park. The 9 November 16, 2021 amount of acreage needed is 455.41. In order to transfer this acreage, it would require a resolution passed by both parties. The Town approved the resolution at their November 3, 2021 meeting. Chairman Mallory said this is something that would have been done on an iterative process as each area is brought into the Town of Mooresville. This request allows the property to go from one ledger to another. The County is limited to 549 acres whether it is inside or outside. Mull said the County has allocated only 20 acres to date. Commissioner Houpe asked the total after this transfer. Mull said approximately 15 acres. Commissioner Houpe asked what happens when the 15 acres runs out. Chairman Mallory said they are limited 12% development on any given acreage within the watershed unless additional acres are transferred. A RESOLUTION TO TRANSFER RIGHTS FOR 10/70 LAND IN THE BACK CREEK/ SLOAN CREEK PUBLIC WATER SUPPLY WATERSHED TO THE TOWN OF MOORESVILLE, NORTH CAROLINA FROM THE COUNTY OF IREDELL, NORTH CAROLINA THAT WHEREAS, the County of Iredell and the Town of Mooresville have jurisdiction in the Back Creek/ Sloan Creek Public Water Supply Watershed, which is classified as a WS-II public water supply watershed by the North Carolina Environmental Management Commission (the Commission); and WHEREAS, the Town of Mooresville has adopted a public water supply watershed protection ordinance and implemented the low-density option and 10/70 provision for W-II public water supply watersheds for its jurisdiction in the Back Creek/ Sloan Creek Public Water Supply Watershed; and WHEREAS, the 10/70 provision allows local governments to take a maximum of ten percent (10%) of their jurisdiction in the public water supply watershed and allow new development at up to seventy percent (70%) built-upon area, outside of the critical watershed areas; and WHEREAS, the Back Creek/ Sloan Creek Public Water Supply Watershed was created as of June 21, 1993, with a total watershed area of 5,498 acres within the County of Iredell, including the acreage within the Town of Mooresville; and WHEREAS, of the total Back Creek/Sloan Creek Public Water Supply Watershed acreage in the County of Iredell, the Town of Mooresville was allocated approximately 590 acres of land within its jurisdiction, with approximately 59 acres that were able to be utilized for 10/70, and the County of Iredell was allocated approximately 4,908 acres of land within its jurisdiction, with approximately 490.8 acres able to be utilized for 10/70; and WHEREAS, the Town of Mooresville has utilized all its original acres of its original 10/70 allocation within the Back Creek/ Sloan Creek Public Water Supply Watershed, leaving a balance of 0.0 acres and the County of Iredell has utilized 20.09 acres of its original 10/70 allocation within the Back Creek/ Sloan Creek Public Water Supply Watershed, leaving a balance of 470.71 acres; and WHEREAS, pursuant to Surface Water and Wetlands Standards (15A NCAC .02B.0215 (3)(b)(i)(E) developed by the North Carolina Environmental Management Commission, the County of Iredell may 10 November 16, 2021 transfer, in whole or in part, its rights to the public water supply watershed acreage to the Town of Mooresville upon the submission of a joint resolution and review by the Commission; and WHEREAS, the Town of Mooresville desires the ability to create facilities and provide services which typically require larger amounts of built-upon area to locate in its portion of jurisdiction in the Back Creek/ Sloan Creek Public Water Supply Watershed; and WHEREAS, on the 1st day of November, 2021, the Town of Mooresville adopted and executed a joint resolution to transfer rights for 10/70 land area in the Back Creek/ Sloan Creek Public Water Supply Watershed from Iredell County, North Carolina to the Town of Mooresville, North Carolina; NOW, THEREFORE, BE IT JOINTLY RESOLVED by both the Board of Commissioners for the County of Iredell, North Carolina and the Board of Commissioners for the Town of Mooresville, North Carolina, that they jointly recommend to the Commission for its review and approval, the transfer of public water supply watershed allocation from the County of Iredell to the Town of Mooresville in the amount of 455.41 acres located in the Back Creek/ Sloan Creek Public Water Supply Watershed for 10/70 allocation. BE IT FURTHER RESOLVED THAT, following the transfer of the watershed allocation, the Town of Mooresville will have 514.41 acres of watershed within its jurisdiction and the County of Iredell will have a total of 35.39 acres within its jurisdiction in the Back Creek/ Sloan Creek Public Water Supply Watershed available for 10/70 allocation. County Construction Projects Update: Mull had one addition to the update. The Government Center parking lot went out to bid November 12. The Election’s parking lot is moving forward. This item was placed on consent. Request from Clerk to the Board for approval of the minutes from the meeting on October 19, 2021: There were no additions or corrections. This item was placed on consent. Request from Tax Administration for approval of refunds and releases for October 2021: This item was placed on consent. ANNOUNCEMENTS OF VACANCIES OCCURING ON BOARDS & COMMISSIONS Board of Equalization and Review - 6 announcements Board of Health - 2 announcements Juvenile Crime Prevention Council - 1 announcement Recreation Advisory Board - 1 announcement Zoning Board of Adjustment - 3 announcements APPOINTMENTS TO BOARDS & COMMISSIONS Juvenile Crime Prevention Council - 2 appointments 11 November 16, 2021 The Social Services appointee has retired and Lee Bombria has volunteered to serve in this capacity. Judge Deb Brown has retired and needs to serve in a different capacity on JCPC. She has volunteered to serve as a member of the public representing the interests of families of at -risk juveniles. According to JCPC's bi-laws, qualified persons must fulfill certain positions on the council. Although council prefers the Board's approval, it is not required. OLD BUSINESS NEW BUSINESS (None) COUNTY MANAGER’S REPORT County Manager Beth Mull provided an update on the following: Will be provided at 7pm. CLOSED SESSION The Board entered into Closed Session at 6:15pm. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES November 16, 2021 The Iredell County Board of Commissioners met in regular session on Tuesday, November 16, 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 12 November 16, 2021 County Manager Beth Mull added item VIII.18 under Administrative Matters and Attorney Client (pursuant to NCGS 143-318.11 (a) (3). Commissioner Houpe added an item under New Business. MOTION by Commissioner Brown to approve the agenda as presented. VOTING: Ayes – 5; Nays – 0 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS (None) APPOINTMENTS BEFORE THE BOARD Presentation of the Iredell County Transportation Master Plan: Planning Director Matthew Todd said the Iredell County Transportation Master Plan is now completed. Over the past year, staff worked with the consultant (RS&H) and many stakeholders, to develop the first ever Iredell County Transportation Master Plan. Staff held two rounds of public engagement during the yearlong process, and specifically solicited feedback from businesses and the municipalities within Iredell County. The plan was partially paid for by a grant awarded through the Charlotte Regional Transportation Planning Organization. RS&H representative Erin Musiol highlighted the steps taken to complete the plan. A copy of the plan is available in the Clerk to the Board’s office. MOTION by Vice Chair Neader to approve the Iredell County Transportation Plan as presented. VOTING: Ayes – 5; Nays – 0 PUBLIC HEARINGS Public hearing to consider a request from applicants, David Jones (Broker) & Robert Mayhew (Buyer), to rezone approximately 4.71 acres at the corner of Old Mountain Road and Water Tank Road: Planning Director Matthew Todd presented the rezoning case. The request is to rezone 4.71 acres is located at the corner of Old Mountain Road and Water Tank Road from Highway Business (HB) to Light Manufacturing Conditional District (M-1CD). Todd noted the only condition proposed is a 200 foot setback for grinding. All M1 uses would be included – which match adjacent properties. Todd explained there was no opposition at the Public Input Meeting or the Planning Board meeting. Planning Board voted in favor of the rezoning and staff supports the rezoning. Most of the property lies within the 2030 Horizon Plan’s Employment Center-Industrial/Flex/Office designation. The property is surrounded by various existing commercial manufacturing/industrial uses. Commissioner Houpe asked Todd to explain the Notice of Public Hearing. Todd said the first letter was sent out by the applicant, which is required with the conditional rezoning process. That is a meeting for applicant to inform the public and to also get 13 November 16, 2021 feedback. Todd noted that is when any of the additional conditions are proposed. The Planning Board meeting is the next step. The letter sent does not specifically state uses because of the extensive list of M1 uses that are in the ordinance. The only condition is the 200-foot setback along residential properties. Todd noted there is a lot of property in the area zoned M1 and some have been there since county-wide zoning in 1990 or longer. Chairman Mallory asked Todd to share the allowable uses in M1. Todd highlighted the M1 and HB uses. The property is currently zoned HB. Chairman Mallory said there are a lot of detail differences between HB and M1. There is a lot of overlap, and exclusions and additions. The proposed request is to rezone the property from HB to M1 with the condition of the 200-foot setback along the residential side. Commissioner Brown asked the location of the church. Todd showed the church’s property on the map. Commissioner Houpe said the Planning Board vets these type of requests along with the public meeting. Houpe said there may be some confusion from the public’s perspective on the details on what was proposed to go there. Houpe feels there would have been some attendance at the public input and Planning Board meeting if the public had more information. David Jones, representing the applicant, said the original request was for straight M1 but the applicant wanted to add some restrictions that might appease the public as well as the County. As directed by Planning staff, the applicant sent out notices of the public input meeting. Chairman Mallory asked Jones to describe the daily operation of the proposed facility. Alfred Kind, operator, currently operates a like facility in Buncombe County. The site is five acres with three tub grinders, and three track hoes. The proposed site will have one tub grinder and one track hoe. They will process solely wood. There will not be pallets, concrete, or brick. The operator wants to repurpose the material for retail sale. Chairman Mallory asked about pallets. Jones said their initial intent is not to grind pallets because they do not make a good material. Vice Chair Neader asked if this would be a second location. Jones said yes. The operator chose the site due to the interstate, heavy traffic, and the growth in Iredell County. Vice Chair Neader shared concern over transporting loose materials. Debris has a tendency to want blow out of trucks. Neader asked about safety concerns. Kind said the operation will be geared toward grading contractors and landscapers but will be open to the public. 14 November 16, 2021 Vice Chair Neader asked if customers will have to identify blight on plants. Kind said according to the State, it is safe as long as it is grinded, piled and reaches 140 degrees for three days. Vice Chair Neader asked about noise and air pollution. Kind said the dust is not bad and the grinder is loud, but they will not operate late in the evening or on Sundays. Kind provided a video of the grinder in use. Commissioner Norman said there is a similar site on Buffalo Shoals Road. Commissioner Houpe asked how many similar sites are in the County. Todd did not know. Chairman Mallory opened the public hearing. Brian Burgess, Pastor of Beulah Baptist Church, said the idea is great but it is the wrong location. Burgess shared concern over noise, fire hazard, and traffic. A tub grinder at 50 feet has a decibel of 97, the human ears picks up a decibel at 10dba. A lawn mower is one hundred dba at three feet, so the noise of the tub grinder is comparable to living in a neighborhood with 60 homes and 25 mowers running at the same time for eight to twelve hours per day. That particular area of the County is continuing to see growth with the airport expansion. There are two fuel stations adjacent to the potential hazardous site. Burgess said 9,700 cars pass to and from Old Mountain Road with a specific use of the Old Mountain Road exit. The proposed site will cause more traffic for the area unless Old Mountain Road is restructured. Burgess gave an example of when a nearby bridge was closed down. It took 45 minutes for church members to exit the church. Burgess asked where the traffic entering the site will go if the site is full. The potential is to loiter at an adjacent fuel stop or find the next largest parking lot – which is the church. The church is getting ready to invest $200,000 to restructure the parking lot, largely because semi-trucks and dump trucks work their way into the parking lot. Chairman Mallory asked Burgess if there are any conditions that could be imposed to make the operation a viable neighbor. Burgess said the concerns of ingress and egress, noise, fire hazard, and aesthetics would have to be addressed. He provided pictures of a similar site in Cleveland. Joyce Little, 210 Beulah Road, spoke against the rezoning request because of noise. Little’s property directly adjoins the proposed site. Chad Byers, owner of 114 Water Tank Road said the rezoning has the potential to impact his business either negatively or positively. Byers shared concern over water runoff and traffic. There is already traffic concerns on Old Mountain Road and the addition of more trucks could create more. Chairman Mallory closed the public hearing. 15 November 16, 2021 Commissioner Houpe agreed with Pastor Burgess. The business idea is good but in the wrong location. Commissioner Brown agreed with Houpe. Brown is familiar with the site in Cleveland and it got quickly carried away. Vice Chair Neader said there is a need for this type facility but the location is not ideal. Neader suggested the applicant find a different location that could allow for expansion as the County continues to grow. Chairman Mallory said there is no way to square the circle. The operation is what it is and there is only so many things that can be done to mitigate its basic function. No one can quiet a tub grinder. Old Mountain Road is a very heavily trafficked road specifically with school buses. Mallory said the site doesn’t seem to be right for the area. Jones said the current zoning designation has higher traffic burden that M1. The zoning request is conditional with mitigating factors. The applicant is willing to adjust hours of operation to not have any grinding on Sunday. Typical grinding is about three hours per day. MOTION by Commissioner Houpe to recommend denial of the 2030 Horizon Plan amendment and denial of the zoning map amendment; making a finding that though the denial is inconsistent with the adopted 2030 Horizon Plan, said denial is reasonable and in the public interest and does not further the goals of the 2030 Horizon Plan because of the potential of noise, debris, and traffic. VOTING: Ayes – 5; Nays – 0 Iredell County PLANNING & DEVELOPMENT PLANNING STAFF REPORT REZONING CASE # 2110-1 STAFF PROJECT CONTACT: Leslie M. Meadows EXPLANATION OF THE REQUEST This is a request to rezone approximately 4.71 acres at the corner of Water Tank Road and Old Mountain Road, from Highway Business (HB) to Light Manufacturing Conditional District (M-1CD). This request is conditional per the submitted application, and specific conditions shall be imposed as attached to the request. OWNER/APPLICANT OWNER: Robert & Jane Hoke APPLICANT(S): Robert Mayhew (Buyer), Mayhew Construction Corporation & David Jones (Broker), Carolina Landmark Realty, LLC PROPERTY INFORMATION 16 November 16, 2021 ADDRESS/LOCATION: 1905 Old Mountain Road; more specifically, PIN#: 4704717480.000 SURROUNDING LAND USE: There are various other M-1 industrial uses to the north, east, and west of the site. Adjacent HB properties are currently still vacant. South of the site is predominately residential, RA, in nature. SIZE: The total acreage to be rezoned is approximately 4.71 acres. EXISTING LAND USE: The site is heavily wooded along Water Tank Road, with a former single- family dwelling with detached garage along Old Mountain Road. Purportedly, the existing principal dwelling may be converted into an office space. ZONING HISTORY: This property was rezoned from Residential Agricultural (RA) to Highway Business in 1989 in order to legally expand an automotive repair business (Sieg’s Garage) that was once being operated on what is now the adjacent property to the east, along Old Mountain Road. Since Interstate 40 Zoning, the block of M-1 zoning district surrounding this area has existed and/or continued to expand. OTHER JURISDICTIONAL INFORMATION: This property is just outside the City of Statesville’s municipal Urban Service Area, and does lie inside the City of Statesville’s Long Range Urban Service Area. The City of Statesville was made aware, and seems to agree the request appears to be consistent with most of the existing surrounding development. However, the City recommends for additional R-O-W easements along both roadways, for future possible road widening projects and/or sidewalk installation. OTHER SITE CHARACTERISTICS: This property is not located within a drinking-water supply regulated Watershed Area. Built upon area of proposed new development will not be limited. The property is not located in a flood hazard zone. UTILITIES: This site may be served by well and septic, but also has access to private water utility service through West Iredell Water Corporation. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: Water Tank Road is a dead end road, not currently covered by the CRTPO Comprehensive Transportation Plan. The closest and most recent NCDOT traffic count, is just east of this property, before Beulah Road, along Old Mountain Road, which had a traffic count of 9,700 vehicles per day in 2018. According to the current CRTPO Comprehensive Transportation Plan, Old Mountain Road is considered a Boulevard in need of improvements. The 2008 Comprehensive Transportation Plan, a Study Report for Iredell County, lists the capacity for this section of Old Mountain Road as approximately 13,800 vehicles per day through the year 2030. The speed limit along this portion of Old Mountain Road is 45 mph, and the speed limit along Water Tank Road is 55 mph. SCHOOLS: This is a commercial rezoning and should have no implications on local schools. 17 November 16, 2021 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. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant must provide a site plan to the Planning & Development Department for review to develop the property. Zoning requirements such as parking, landscaping, and buffering will be reviewed at such time. Erosion & sedimentation control standards will also be reviewed for compliance. STATE: In addition to building code, there could be formal state agency guidelines/review for specific purposed M-1 uses. FEDERAL: There could also be federal agency guidelines/review for certain M-1 uses. STAFF AND BOARD COMMENTS STAFF COMMENTS: The applicants are requesting an increase in commercial zoning designation of a corner lot at Water Tank Road and Old Mountain Road. The parcel is already zoned for commercial HB use, but the future use being purposed would require at least Light Manufacturing (M-1) or higher. Various other M-1 properties already exists next door and adjacent to this property. However, staff recommended for a conditional rezoning process, due to the number of residential properties adjoining this property to the south. Note that this is a conditional rezoning and specific conditions imposed as part of the application are as follows: 1.) All tub grinding shall be a minimum of two hundred (200) foot distance from any adjacent residentially zoned property. Being very close to an I-40 Interchange, the parcel in question is currently split between the 2030 Horizon Plan Corridor Commercial and Employment Center - Industrial/Flex/Office designations. Surrounding M-1 uses, along Water Tank Road and across Old Mountain Road, lend to the atmosphere of an Industrial Business Park. Due to the more intense, industrial nature of the majority of allowable M-1 uses, staff is recommending an amendment to the 2030 Horizon Plan to extend the Employment Center – Industrial/Flex/Office designation to this entire property. The Employment Center – Industrial/Flex/Office areas are intended for development of industrial, flex space, and office uses including light manufacturing and assembly, research and development, warehousing, and building trade showrooms and offices. These lands are either currently served or are planned to be served in the future by public or private water or sanitary sewer systems. Development should provide adequate transitions to adjacent lower intensity uses, such as residential and commercial uses, in the form of vegetated buffers, landscaping, setbacks, and building heights. The Planning staff can support the proposed rezoning request, and subsequent 2030 Horizon Plan map amendment, based on the following: The majority of the property already lies within the 2030 Horizon Plan Employment Center - Industrial/Flex/Office designation, it is surrounded by various existing commercial manufacturing/industrial uses, and the conditions of the request aim to safeguard the surrounding homeowners. 18 November 16, 2021 PUBLIC INPUT MEETING: A public input meeting was held onsite Tuesday, September 7, 2021 from 5:00 - 6:00 pm, at 1905 Old Mountain Road. A team composed of the applicant/realtor, the potential buyer/landowner, and the future developer/lessee were present to address questions and concerns about their proposed Source Reduction Facility. However, no citizens or surrounding neighbors attended to provide feedback. A copy of the applicant’s summary of said public input meeting has been included at the end of this report. SITE REVIEW COMMITTEE: Staff performed a site visit on September 17, 2021, to post property and take photo documentation. Staff was accompanied by Planning Board member Andy Webster. PLANNING BOARD ACTION: On October 6, 2021, the Planning Board held a public meeting to hear the rezoning request. The applicant/broker and prospective developer were present for questioning. Three interested neighbors were in attendance, but no one spoke in opposition. The board voted unanimously, 7-0, to recommend approval of the rezoning with the following motion: Motion to recommend approval to amend the County’s 2030 Horizon Plan and approval of the zoning map amendment, and to make a finding that said approval is reasonable and in the public interest and furthers the goals of the 2030 Horizon Plan because the majority of the property already lies within the 2030 Horizon Plan Employment Center-Industrial/Flex/Office designation, it is surrounded by various existing commercial manufacturing/industrial uses, and the conditions of the request aim to safeguard the surrounding homeowners. Public hearing for the consideration of text amendments to the Iredell County Voluntary and Enhanced Farmland Preservation Ordinances: Planning Director Matthew Todd said there is approximately 18,000 acres in the voluntary program. The Enhanced Ordinance is voluntary but is more binding. Todd noted the text amendments are mostly for housekeeping and aligning the documents with state statute. The Farmland Advisory Board recommended in favor of the text amendments. Chairman Mallory opened the public hearing. No one wished to speak. Chairman Mallory closed the public hearing. MOTION by Vice Chair Neader to approve the text amendments as presented. VOTING: Ayes – 5; Nays – 0 19 November 16, 2021 IREDELL COUNTY ENHANCED FARMLAND PRESERVATION ORDINANCE ADOPTED December 4th 2007 AMENDED through November 16, 2021 20 November 16, 2021 TABLE OF CONTENTS PAGE ARTICLE I. POLICY AND PURPOSE 3 ARTICLE II. ENACTMENT 3 ARTICLE III. DEFINITIONS 3 ARTICLE IV. FARMLAND PRESERVATION BOARD 4 Section 401 Creation 4 Section 402 Membership 4 Section 403 Procedure 5 Section 404 Duties 5 ARTICLE V. APPLICATION FOR ENHANCED AGRICULTURAL DISTRICTS 6 Section 501 Purpose 6 Section 502 Procedure 6 Section 503 Public Notice 6 ARTICLE VI. CERTIFICATION FOR QUALIFYING FARMLAND 7 Section 601 Requirements 7 Section 602 Application 8 ARTICLE VII. REVOCATION & RENEWAL OF CONSERVATION AGREEMENT 8 ARTICLE VIII. ENHANCED VOLUNTARY AGRICULTURAL 9 DISTRICTS; ADDITIONAL BENEFITS ARTICLE IX. PUBLIC HEARINGS 10 Section 801 Purpose 10 Section 802 Procedure 10 ARTICLE X. SPECIAL REQUIREMENTS 11 Section 901 Purpose 11 Section 902 Procedure 11 ARTICLE XI. EFFECTIVE DATE 12 21 November 16, 2021 IREDELL COUNTY ENHANCED FARMLAND PRESERVATION ORDINANCE 1. Article I. Policy And Purpose It is the policy of Iredell County to conserve and protect and encourage the development, improvement and preservation of its agricultural land and forestland for the production of food, fiber, and other products. When other land uses extend into agricultural and forest areas, agricultural and forestry operations often become the subject of nuisance suits. It is the purpose of this Ordinance to reduce the loss of available and productive farmland by limiting the circumstances under which an agricultural or forestry operation may be deemed to be a nuisance, and to encourage the preservation and protection of farmland from non-farm development, recognizing the importance of agriculture to the economic and cultural life of the county. The Enhanced Farmland Preservation Ordinance creates a district that will provide greater benefits to farmers than the current Voluntary Farmland Preservation Ordinance. Participating farms will be allowed to receive up to 25% of their gross sales from the sale of certain types of Non-farm products, as defined herein, and still qualify for agricultural zoning exemptions. In addition, participating farms will be eligible for a higher percentage of cost-share funds under the Agricultural Cost share Program and have priority for other state and local grant programs. 2. Article II. Enactment Pursuant to authority conferred by North Carolina General Statute 106 -735 through 106-744 and Chapter 153A, and for the purpose of promoting the health, safety, morals and general welfare of Iredell County, the Board of Commissioners of Iredell County, North Carolina does enact the following sections, which shall be known as the ENHANCED FARMLAND PRESERVATION ORDINANCE of Iredell County, North Carolina. 3. Article III. Definitions The following terms are defined for purposes of this ordinance: Board - Iredell County Farmland Preservation Board Board of Commissioners - Iredell County Board of Commissioners Farm Use – The cultivation of soil for production and harvesting of crops; the planting and production of trees and timber; dairying and the raising, management, care and training of livestock; aquaculture; the operation, management, conservation, improvement, and maintenance of a farm and the structures and buildings on the farm; the marketing and selling of crops, timber and livestock produced on the farm; agritourism; storage and use of materials for the farm uses outlined herein; packing, treating, processing, sorting, storage, and other activities customarily performed to add value to crops, livestock, and agricultural items produced on the farm, and similar activities incident to the operation of a farm and not inconsistent with the purpose of The Agricultural Development and Farmland Preservation Enabling Act. For purposes of G.S. 153A -340(b), the production of any Nonfarm product, that the Department of Agriculture and Consumer Services specifically recognizes as a “Goodness Grows in North Carolina” product, that is produced on a farm subject to a conservation agreement pursuant to this Ordinance, is a Farm Use. Chairman – Chairman of the Farmland Preservation Board District – Enhanced Voluntary Agricultural District 22 November 16, 2021 Nonfarm Products – Any product that is not produced pursuant to a Farm Use and is recognized by the Department of Agriculture and Consumer Services as a "Goodness Grows in North Carolina" product. For the purposes of this ordinance, the term “non-farm products” shall not include any use that is not directly associated with the operations of the subject farm. 4. Article IV. Farmland Preservation Board Section 401. Creation The Enhanced Farmland Preservation Ordinance will be implemented by the existing Voluntary Farmland Preservation Board as appointed by the Board of Commissioners. This Advisory Board will oversee both county ordinances. Section 402. Membership (402.1) Each board member shall be a resident of Iredell County. Members shall be chosen to provide the broadest possible representation of the geographical regions of the local government and to represent, to the extent possible, all segments of agricultural production existing within the local government. A majority of the members shall be actively engaged in agriculture. (402.2) Five (5) of the seven (7) members shall be actively engaged in farming and they may be selected for appointment by the Board of Commissioners from a list of possible candidates submitted to the Board of Commissioners by: the Iredell County Cooperative Extension Service, the Iredell County Soil and Water Conservation District and the U.S. Dept. of Agriculture Farm Service Agency. Appointments should be made with an effort to have the broadest geographical representation possible. (402.3) All members are to serve for terms of four (4) years, except the initial Board is to consist of two (2) appointees for a term of two (2) years; three (3) appointees for terms of three (3) years, and two (2) appointees for terms of four (4) years. thereafter, all appointments are to be for terms of four (4) years, with reappointments permitted. (402.4) Any vacancy on the Farmland Preservation Board is to be filled by the Board of Commissioners for the remainder of the unexpired term. (402.5) The Board of Commissioners may remove with or without cause any member of the Farmland Preservation Board. (402.6) The per diem compensation of the members of the Farmland Preservation Board shall be fixed by the Board of Commissioners and funds shall be appropriated to the Farmland Preservation Board to perform its duties. Section 403. Procedure (403.1) The Board is to elect a chairman and vice-chairman each year at its first meeting of the fiscal year. The chairman shall preside over all regular or special meetings of the Board. The Board shall adopt its own by-laws and such by-laws or amendments thereto must be approved by the Iredell County Board of Commissioners. (403.2) The Board will use the county fiscal year as its meeting year. The meetings of the Board shall be publicized and conducted in accordance with provisions of the North Carolina Open Meetings Law. Such meetings shall be held at the call of the Chairman and at such other times as the Board in its rules of procedure 23 November 16, 2021 may specify. (403.3) The Board shall keep minutes of the proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. The Board shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Iredell County Planning Department office and shall be a public record. (403.4) The Iredell County Farmland Preservation Board shall contract with the Iredell County Planning Department, with technical assistance of the Iredell County Cooperative Extension Service, to serve the Board for record keeping, correspondence, maintenance of application procedures, and whatever other services the board needs to complete its duties. (403.5) The concurring vote of a majority of the members of the Farmland Preservation Board shall be necessary to; reverse any order, requirement, decision, or determination and to decide in favor of an applicant, or pass upon any other matter on which it is required to set under this ordinance. Section 404. Duties The Farmland Preservation Board shall: (404.1) Review and approve applications for qualified farmland and voluntary agricultural districts and make decisions concerning the establishment and modification of agricultural districts. Execute conservation agreements with landowners necessary for enrollment of land in a voluntary agricultural district; (404.2) Hold public hearing pursuant to Article IX of this ordinance; (404.3) Advise the Board of Commissioners on projects, programs, or issues affecting the agricultural economy or activities within the county that will affect agricultural districts; (404.4) Perform other related tasks or duties assigned by the Board of Commissioners. (404.5) Develop a county wide farmland protection plan as defined in NCGS 106 -744 (e) (1) for presentation to board of commissioners; (404.6) Each district shall be assigned to a member of the Board who shall monitor and represent that district in all business conducted by the Board. Individual members will represent those districts closest to them geographically. No member will represent more than twenty-five percent (25%) of the total number of districts in the county or twenty-five percent (25%) of total land area. Article V. Application for Enhanced Voluntary Agricultural Districts Section 501. Purpose In order to implement the purpose stated in Article I, this p rogram provides for the creation of enhanced voluntary agricultural district, which meet the following procedural standards. Section 502. Procedure (502.1) An enhanced agricultural district shall initially consist of at least 25 or more 24 November 16, 2021 contiguous acres of qualifying farmland or be within 1 -mile of an already existing district or at least two (2) or more qualifying farms, which collectively will create a district. An agriculture district may be enlarged by adding qualifying, contiguous farms. (502.2) Upon receipt of an application, the Board will forward copies immediately to: (A) The Iredell County Tax Assessors Office and (B) The Natural Resource Conservation Service and (C) The Iredell County Cooperative Extension Service and (C) The Iredell County Soil and Water Conservation District Office for their evaluation pursuant to Article VI. The said offices shall evaluate, complete and return their copies to the Chairman within thirty (30) days of receipt. (502.3) Within thirty (30) days of receipt of respective reports from the County Tax Assessor and the Natural Resource Conservation Service, the Board will meet and render a decision regarding the application. The Board will notify the applicant by mail of its decision. (502.4) If the application is denied by the Farmland Preservation Board, the petitioner has thirty (30) days to appeal the decision to the Iredell County Board of Commissioners. Such appeal shall be presented in writing. The decision of the Board of Commissioners is final. Section 503. Public Notice (503.1) Maps Enhanced voluntary agricultural districts will be marked on official maps maintained by the Iredell County Planning Dept. and displayed for public view in the following county offices: (A) Registrar of Deeds (B) Planning Department (C) Tax Supervisor / GIS Mapping Dept. (D) Soil and Water Conservation District/ Natural Resource Conservation Service (E) Cooperative Extension Service (F) Land Records Office (G) Any other office deemed necessary by the Board of Commissioners (503.2) Subdivision Ordinance and Zoning Ordinance Review Developers of major subdivisions or planned unit developments shall designate on the final plat or development plans, the existence of enhanced agricultural districts within one-half (1/2) mile radius of the proposed development. (503.3) Record Notice of Proximity to Enhanced Voluntary Agricultural District At such time as Iredell County has a computerized land records system with the associated capability, it shall be required that such records include some form of notice reasonably calculated to alert a person searching the title of a particular tract, that such is located within one-half (1/2) mile of the property line of any tract of land enrolled in a voluntary agricultural district. (503.4) Limit of Liability In no event shall the County or any of its officers, employees, members of the Advisory Board, or agents be held liable in damages for any misfeasance, malfeasance, or nonfeasance occurring in good faith connection with the duties or obligations imposed by this ordinance. 25 November 16, 2021 (503.5) No Cause of Action In no event shall any cause of action arise out of the failure of a person researching the title of a particular tract to report to any person the proximity of the tract to a qualifying farm or Enhanced Voluntary Agricultural District as defined by this ordinance. (503.6) Public Information The County may take such action as it deems appropriate through the Farmland Preservation Board or other body or individual to encourage the formation of enhanced agricultural districts and to further their purposes and objectives, including a public information program to reasonably inform landowners of the farmland preservation programs. 5. ARTICLE VI. Certification for Qualifying Farmland Section 601. Requirements To secure County certification as qualifying farmland, a parcel must: (601.1) Is used for bona fide farm purposes, as that term is defined in G.S. 106 -743.4(a) and G.S. 160D-903. (601.2) Be managed, if highly erodible land exists on the parc el, in accordance with Natural Resources Conservation Service defined erosion-control practices that are addressed to said highly erodible land; and (601.3) Be the subject of a Conservation Agreement, as defined in G.S. 121 -35, between the County and the owner of such land that prohibits nonfarm use or development of such land for a period of at least ten (10) years, except for the creation of not more than three (3) lots that meet applicable County zoning and subdivision regulations. Qualifying documentation for the term easement shall be attached to the deed by the landowner. Section 602. Application A landowner may apply to the Board for such certification at the same time he applies for the approval as an agricultural district. 6. ARTICLE VII. Revocation and Renewal of Conservation Agreement Enhanced Agricultural Districts require an irrevocable Conservation Agreement between the Agriculture Advisory Board and the landowner that cannot be revoked for ten (10) years. The Agriculture Advisory Board may revoke the Conservation Agreement based on noncompliance by the landowner, subject to the same provision as contained in Article V for appeal of denials. Such revocation shall result in loss of qualifying farm statue and loss of eligibility to participate in a district The Conservation Agreement entered into between the Agriculture Advisory Board and the landowner pursuant to G.S. 106-743.1(a)(2) shall be irrevocable for a period of ten (10) years from the date the agreement is executed. At the end of its term, a Conservation Agreement shall automatically renew for a term three (3) years, unless notice of termination is given in a timely manner by either party as prescribed in this Ordinance. The benefits set forth in Article VIII shall be available to t he farmland that is the subject of the Conservation Agreement for the duration of the Conservation Agreement. ARTICLE VIII. Enhanced Voluntary Agricultural Districts; Additional Benefits 26 November 16, 2021 (801.1) The benefits applied to property included in a Voluntary Agricultural District pursuant to G.S. 106-739 through G.S. 106-741 and G.S. 106-743 and the Iredell County Voluntary Agricultural District Ordinance also apply to property included in an Enhanced Voluntary Agricultural District. (801.2) Property that is subject to an irrevocable Conservation Agreement pursuant to this Ordinance, that remains in effect, may receive up to twenty-five percent (25%) of its gross sales from the sale of Nonfarm Products and still qualify as a bona fide farm that is exempt from zoning regulations under G.S. 153A-340(b). (801.3) A person who farms land that is subject to an irrevocable Conservation Agreement pursuant to this Ordinance, that remains in effect, is eligible to receive the higher percentage of cost -share funds for the benefit of that farmland under the Agriculture Cost Share Program pursuant to G.S. 143 -215.74(b). (801.4) State departments, institutions, or agencies that award grants to farmers are encouraged pursuant to G.S. 106 - 743.4(c) to give priority consideration to any person who farms land that is subject to an irrevocable Conservation Agreement that remains in effect. 7. ARTICLE IX. Public Hearings Section 901. Purpose Pursuant to N.C.G.S. 106-740, which provides that no state or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within a enhanced agricultural district until such agency or unit has requested the Farmland Preservation Board to hold a public hearing on the proposed condemnation, this section provides for such hearings. This ordinance shall not be interpreted or construed to limit the County’s authority to acquire land within or outside a voluntary agricultural district for a public purpose, whether by purchase or condemnation. Section 902. Procedure (902.1) Upon receiving a request for condemnation, the Farmland Preservation Board shall, within three (3) days, publish a notice in newspaper having general circulation in Iredell County, describing the proposed condemnation. The notice shall state the time, date, and location of the public hearing on the proposed condemnation. Such hearing shall be held within thirty (30) days of receipt of the request. (902.2) The Board will meet to review: (A) If the need for the condemnation has been satisfactorily established by the agency or unit of government involved, including a review of any fiscal impact analysis conducted by the agency involved; and (B) Alternatives to the proposed condemnation that are less disruptive and of less impact to the agricultural activities and farm land base of the voluntary agricultural district within which the condemnation action is to take place. (902.3) The Board will consult with the County Cooperative Extension Service, U.S.D.A. Natural Resources Conservation Service, and may consult with any other individuals, agencies, or organizations, public or private, necessary to the Board’s review of the proposed condemnation. (902.4) Within ten (10) days after the public hearings, the Board will make a report containing its findings and recommendations regarding the proposed condemnation. The report will be made available to the public for comment 27 November 16, 2021 prior to its being conveyed to the decision-making body of the agency proposing condemnation. (902.5) Pursuant to N.C.G.S. 106-740, the County will not, within its scope of authority, permit any formal initiation of condemnation by local agencies while the proposed condemnation is properly before the board within these time limitations. 8. ARTICLE X. Special Requirements Section 1001. Purpose The purpose of this section is to help meet the needs of agriculture as an industry and to prevent conflicts between enhanced agricultural district participants and non-farm landowners in proximity to these established agricultural districts. Section 1002. Procedure (1002.1) Enhanced Voluntary agricultural districts will not be permitted in designated residential or non-residential growth areas, as delineated in the most recently adopted County Land Use Plan, such plan being adopted after the effective d ate of this ordinance. (1002.2) The Board shall consult as much as possible with the North Carolina Department of Agriculture, the North Carolina Division of Soil and Water Conservation Service, Iredell County Cooperative Extension Service and any other e ntity the Board deems necessary to the proper conduct of its business. (1002.3) A copy of this ordinance shall be recorded with the North Carolina Commissioner of Agriculture’s office after adoption. At least once a year the County shall submit a written report to the Commissioner of Agriculture’s office indicating the status, progress and activities of the county’s farmland preservation program, including voluntary agricultural districting information regarding: (A) Number of landowners enrolled (B) Number of acres applied (C) Number of acres certified (D) Number of acres denied (E) Date each agricultural district was certified (1002.4) Copies of the reports cited in Section 902.3 of this ordinance will be sent to: (A) N.C. Commissioner of Agriculture 28 November 16, 2021 IREDELL COUNTY VOLUNTARY FARMLAND PRESERVATION ORDINANCE ADOPTED June 19, 2001 AMENDED through November 16, 2021 29 November 16, 2021 TABLE OF CONTENTS 2. PAGE ARTICLE I. POLICY AND PURPOSE 3 ARTICLE II. ENACTMENT 3 ARTICLE III. DEFINITIONS 3 ARTICLE IV. FARMLAND PRESERVATION BOARD 3 Section 401 Creation 3 Section 402 Membership 3 Section 403 Procedure 4 Section 404 Duties 5 ARTICLE V. APPLICATION FOR VOLUNTARY AGRICULTURAL DISTRICTS 5 Section 501 Purpose 6 Section 502 Procedure 6 Section 503 Public Notice 6 Section 504 Subdivision Ordinance & Zoning Ordinance Review 6 Section 505 Public Information 6 ARTICLE VI. CERTIFICATION FOR QUALIFYING FARMLAND 7 Section 601 Requirements 7 Section 602 Application 7 ARTICLE VII. REVOCATION OF PRESERVATION AGREEMENT 8 ARTICLE VIII. PUBLIC HEARINGS 8 Section 801 Purpose 8 Section 802 Procedure 8 ARTICLE IX. SPECIAL REQUIREMENTS 9 Section 901 Purpose 9 Section 902 Procedure 9 ARTICLE X. EFFECTIVE DATE 11 30 November 16, 2021 IREDELL COUNTY VOLUNTARY FARMLAND PRESERVATION ORDINANCE 1. Article I. Policy And Purpose It is the policy of Iredell County to conserve and protect and encourage the development, improvement and preservation of its agricultural land and forestland for the production of food, fiber, and other products. When other land uses extend into agricultural and forest areas, agricultural and forestry operations ofte n become the subject of nuisance suits. It is the purpose of this Ordinance to reduce the loss of available and productive farmland by limiting the circumstances under which an agricultural or forestry operation may be deemed to be a nuisance, and to encourage the voluntary preservation and protection of farmland from non -farm development, recognizing the importance of agriculture to the economic and cultural life of the county. 2. Article II. Enactment Pursuant to authority conferred by North Carolina General Statute 106-743, and for the purpose of promoting the health, safety, morals and general welfare of Iredell County, the Board of Commissioners of Iredell County, North Carolina does enact the following sections, which shall be known as the VOLUNTARY FARMLAND PRESERVATION PROGRAM ORDINANCE of Iredell County, North Carolina. 3. Article III. Definitions The following terms are defined for purposes of this ordinance: Board - Iredell County Farmland Preservation Board Board of Commissioners - Iredell County Board of Commissioners Chairman – Chairman of the Farmland Preservation Board District – Voluntary Agricultural District 4. Article IV. Farmland Preservation Board Section 401. Creation A county farmland preservation board, consisting of seven (7) members appointed by the Board of Commissioners, is hereby established. Section 402. Membership (402.1) Each board member shall be a resident of Iredell County. Members shall be chosen to provide the broadest possible representation of the geographical regions of the local government and to represent, to the extent possible, all segments of agricultural production existing within the local government. A majority of the members shall be actively engaged in agriculture. 31 November 16, 2021 (402.2) Five (5) of the seven (7) members shall be actively engaged in farming and they may be selected for appointment by the Board of Commissioners from a list of possible candidates submitted to the Board of Commissioners by: the Iredell County Soil and Water Conservation District, the Iredell County Cooperative Extension Service and the U.S. Dept. of Agriculture Farm Service Agency. Appointments should be made with an effort to have the broadest geographical representation possible. (402.3) All members are to serve for terms of four (4 ) years, except the initial Board is to consist of two (2) appointees for a term of two (2) years; three (3) appointees for terms of three (3) years, and two (2) appointees for terms of four (4) years. thereafter, all appointments are to be for terms of fo ur (4) years, with reappointments permitted. (402.4) Any vacancy on the Farmland Preservation Board is to be filled by the Board of Commissioners for the remainder of the unexpired term. (402.5) The Board of Commissioners may remove with or without cause any member of the Farmland Preservation Board. (402.6) The per diem compensation of the members of the Farmland Preservation Board shall be fixed by the Board of Commissioners and funds shall be appropriated to the Farmland Preservation Board to perform its duties. Section 403. Procedure (403.1) The Board is to elect a chairman and vice-chairman each year at its first meeting of the fiscal year. The chairman shall preside over all regular or special meetings of the Board. The Board shall adopt its own by-laws and such by-laws or amendments thereto must be approved by the Iredell County Board of Commissioners. (403.2) The Board will use the county fiscal year as its meeting year. The meetings of the Board shall be publicized and conducted in accordance with provisions of the North Carolina Open Meetings Law. Such meetings shall be held at the call of the Chairman and at such other times as the Board in its rules of procedure may specify. (403.3) The Board shall keep minutes of the proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. The Board shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Iredell County Planning Department office and shall be a public record. (403.4) The Iredell County Farmland Preservation Board shall contract with the Iredell County Planning Dept., with technical assistance of the Iredell County Cooperative Extension Service, to serve the Board for record keeping, correspondence, maintenance of application procedures, and whatever other services the board needs to complete its duties. (403.5) The concurring vote of a majority of the members of the Farmland Preservation Board shall be necessary to; reverse any order, requirement, decision, or determination and to decide in favor of an applicant, or pass upon any other matter on which it is required to set under this ordinance. Section 404. Duties The Farmland Preservation Board shall: 32 November 16, 2021 (404.1) Review and approve applications for qualified farmland and voluntary agricultural districts and make decisions concerning the establishment and modification of agricultural districts. Execute conservation agreements with landowners necessary for enrollment of land i n a voluntary agricultural district; (404.2) Hold public hearing pursuant to Article VIII of this ordinance; (404.3) Advise the Board of Commissioners on projects, programs, or issues affecting the agricultural economy or activities within the county that will affect agricultural districts; (404.4) Perform other related tasks or duties assigned by the Board of Commissioners. (404.5) Develop a county wide farmland protection plan as defined in NCGS 106 -744 (e) (1) for presentation to board of commissioners; Article V. Application for Voluntary Agricultural Districts Section 501. Purpose The purpose of voluntary agricultural districts formed by landowners shall be to encourage the economic and financial well being of farming areas, decrease the likelihood of legal disputes, such as nuisance actions between farm owners and their neighbors, undesirable non -farm development and other negative impacts on participating farms, and to increase the identity and pride in the agricultural community and its way of life. Section 502. Procedure (502.1) An agricultural district shall initially consist of at least 25 or more contiguous acres of qualifying farmland or be within 1 -mile of an already existing district or at least two (2) or more qualifying farms, which collectively will create a district. An agriculture district may be enlarged by adding qualifying, contiguous farms. (502.2) Upon receipt of an application, the Board will forward copies immediately to: (A) The Natural Resource Conservation Service; and (B) The Iredell County Soil and Water Conservation District Office for their evaluation pursuant to Article VI. The said offices shall evaluate, complete and return their copies to the Chairman within thirty (30) days of receipt. (502.3) Within thirty (30) days of receipt of respective reports from the County Tax Assessor and the Natural Resource Conservation Service, the Board will meet and render a decision regarding the application. The Board will notify the applicant by mail of its decision. (502.4) If the application is denied by the Farmland Preservation Board, the petitioner has thirty (30) days to appeal the decision to the Iredell County Board of Commissioners. Such appeal shall be presented in writing. The decision of the Board of Commissioners is final. Section 503. Public Notice Voluntary agricultural districts will be marked on official maps maintained by the Iredell County Planning Dept. and displayed for public view in the following 33 November 16, 2021 county office: (A) Registrar of Deeds (B) Planning Dept./Code Enforcement (C) Tax Supervisor / GIS Mapping Dept. (D) Soil and Water Conservation District/ Natural Resource Conservation Service (E) Cooperative Extension Service (F) Land Records Office (G) Any other office deemed necessary by the Board of Commissioners Section 504. Subdivision Ordinance and Zoning Ordinance Review Developers of major subdivisions or planned unit developments shall designate on the final plat or development plans, the existence of voluntary agricultural districts within one-half (1/2) mile radius of the proposed development. Section 505. Public Information The County may take such action as it deems appropriate through the Farmland Preservation Board or other body or individual to encourage the formation of voluntary agricultural districts and to further their purposes and objectives, including a public information program to reasonably inform landowners of the farmland preservation program. 5. ARTICLE VI. Certification for Qualifying Farmland Section 601. Requirements To secure County certification as qualifying farmland, a parcel must: (601.1) Is used for bona fide farm purposes, as that term is defined in G.S. 106 -743.4(a) and G.S. 160D-903. (601.2) Be managed, if highly erodible land exists on the parcel, in accordance with Natural Resources Conservation Service defined erosion-control practices that are addressed to said highly erodible land; and (601.3) Be the subject of a conservation agreement, as defined in G.S. 121 - 35, between the County and the owner of such land that prohibits non-farm use or development of such land for a period of at least ten (10) years, except for the creation of not more than three (3) lots that meet applicable County zoning and subdivision regulations. The form of the conservation agreement shall be approved by the agricultural advisory board created under G.S. 106-739. Section 602. Application A landowner may apply to the Board for such certification at the same time he applies for the approval as an agricultural district. 6. 7. ARTICLE VII. Revocation of Preservation Agreement By written notice to the Board, a landowner of qualifying farmland may revoke the preservation agreement formulated pursuant to Article V of this ordinance, or the Board may revoke same preservation agreement based on non-compliance by 34 November 16, 2021 the landowner. Such revocation shall result in loss of eligibility to participate in a voluntary agricultural district. 8. ARTICLE VIII. Public Hearings Section 801. Purpose Pursuant to N.C.G.S. 106-740, which provides that no state or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within a voluntary agricultural district until such agency or unit has requested the Farmland Preservation Board to hold a public hearing on the proposed condemnation, this section provides for such hearings. This ordinance shall not be interpreted or construed to limit the County’s authority to acquire land within or outside a voluntary agricultural district for a public purpose, whether by purchase or condemnation. Section 802. Procedure (802.1) Upon receiving a request for condemnation, the Farmland Preservation Board shall, within three (3) days, publish a notice in newspaper having general circulation in Iredell County, describing the proposed condemnation. The notice shall state the time, date, and location of the public hearing on the proposed condemnation. Such hearing shall be held within fourteen (14) days of receipt of the request. (802.2) The Board will meet to review: (A) If the need for the condemnation has been satisfactorily established by the agency or unit of government involved, including a review of any fiscal impact analysis conducted by the agency involved; and (B) Alternatives to the proposed condemnation that are less disruptive and of less impact to the agricultural activities and farm land base of the voluntary agricultural district within which the condemnation action is to take place. (802.3) The Board will consult with the Count y Cooperative Extension Service, U.S.D.A. Natural Resources Conservation Service, and may consult with any other individuals, agencies, or organizations, public or private, necessary to the Board’s review of the proposed condemnation. (802.4) Within ten (10) days after the public hearings, the Board will make a report containing its findings and recommendations regarding the proposed condemnation. The report will be made available to the public for comment prior to its being conveyed to the decision-making body of the agency proposing condemnation. (802.5) Pursuant to N.C.G.S. 106-740, the County will not, within its scope of authority, permit any formal initiation of condemnation by local agencies while the proposed condemnation is properly before the board within these time limitations. 9. ARTICLE IX. Special Requirements Section 901. Purpose The purpose of this section is to help meet the needs of agriculture as an industry 35 November 16, 2021 and to prevent conflicts between voluntary agricultural district participants and non-farm landowners in proximity to these established agricultural districts. Section 902. Procedure (902.1) Voluntary agricultural districts will not be permitted in designated residential or non-residential growth areas, as delineated in the most recently adopted County Land Use Plan, such plan being adopted after the effective date of this ordinance. (902.2) The Board shall consult as much as possible with the North Carolina Department of Agriculture, the North Carolina Division of Soil and Water Conservation Service and any other entity the Board deems necessary to the proper conduct of its business. (902.3) A copy of this ordinance shall be recorded with the North Carolina Commissioner of Agriculture’s office after adoption. At least once a year the County shall submit a written report to the Commissioner of Agriculture’s office indicating the status, progress and activities of the county’s farmland preservation program, including voluntary agricultural districting information regarding: (A) Number of landowners enrolled (B) Number of acres applied (C) Number of acres certified (D) Number of acres denied (E) Date each agricultural district was certified (902.4) Copies of the reports cited in Section 902.3 of this ordinance will be sent to: (A) N.C. Commissioner of Agriculture (902.5) At such time as Iredell County has a computerized land records system with the associated capability, it shall be required that such records include some form of notice reasonably calculated to alert a person searching the title of a particular tract, that such is located within one-half (1/2) mile of the property line of any tract of land enrolled in a voluntary agricultural district. Public hearing for the consideration of an economic development incentive for Project Madi: Jenn Bosser presented Holley Performance Products, also known as Project Madi, for consideration for an incentive grant from the Iredell County. Headquartered in Bowling Green, Kentucky, Holley Performance Products is one of the leading names in automobile aftermarket and OEM manufacturing. The Holley “family of brands” includes nearly seventy companies, including four local companies with an established presence in Mooresville, which include GearFX Driveline, Detroit Speed, Simpson Racing, and Flowmaster. Holley Performance Products will be consolidating four local facilities into a purpose-built 111,000 square foot building in Mooresville Business Park East and will home to Holley’s East Coast Headquarters. The 36 November 16, 2021 company’s expansion and location will represent a total investment of $12,300,000 in real property and machinery and equipment. Holley Performance Products currently has 80 full-time local employees and plans to add at least 40 more employees over the next three years. Holley Performance Products has expressed a strong interest to be engaged in the local community and is eager to form partnership with workforce partners to further support the development of talent in Iredell County. In addition, they host events for car enthusiast events in other locations across the US and are interested in hosting similar events in Mooresville that will generate visitor dollars to the community. Bosser requested an economic incentive grant to Holley Performance Products for up to $240,626 based on a capital investment total of $12.3 Million and the creation of 40 jobs with an average wage of $40,000 by December 31, 2024. 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. The Town of Mooresville approved an incentive on November 1. MOTION by Commissioner Brown to approve an economic incentive up to $240,626 over a five-year period based on the company's investment of up to $12.3 million, creation of up to 40 new jobs, and contingent upon a contract being executed within 180 days. VOTING: Ayes – 5; Nays – 0 Public hearing for the consideration of an economic development incentive for Project LF: Jenn Bosser presented CR Onsrud for consideration for an incentive grant from the Iredell County. CR Onsrud is a manufacturer of high quality routers in machinery. They bagan production in 1976 and moved to their current location in 2006. Since then, they have expanded their facility twice and grown workforce from 27 employees to nearly 180. The project has two parts. The first part includes the expansion of an existing facility on Technology Drive to make space for new equipment the second includes construction of two new buildings on Technology Drive. Bosser requested an economic incentive grant to CR Onsrud for to $324,071 over a five- year period based on the company's investment of up to $17.2 million, creation of up to 25 new jobs with an average wage at or above the current average county wage which is $51,130, by December 31, 2023. The grant would be payable over five years and is performance-based and is tied to the incremental assessed value. The Town of Troutman approved the incentive on November 10. Chairman Mallory opened the public hearing. No one wished to speak. Chairman Mallory closed the public hearing. MOTION by Commissioner Houpe to approve economic incentive up to $324,071 over a five-year period based on the company's investment of up to $17.2 million, creation of up to 25 new jobs, and contingent upon a contract being executed within 180 days. VOTING: Ayes – 5; Nays – 0 ADMINISTRATIVE MATTERS 37 November 16, 2021 County Manager Beth Mull summarized the following Administrative Matters during the Pre-Agenda meeting held at 5pm:  Request from Planning & Development to consider calling for a public hearing on December 7, 2021 at 7:00 p.m. in regard to a text amendment to the Land Development Code.  Request from the City of Statesville for approval to allocate $42,607 as the 5% share of a grant received from the NC Department of Transportation Aviation Division for Land Acquisition - Runway 10 Runway Protection Zone.  Request from Solid Waste for approval of an agreement with Carlson Environmental Consultants in the amount of $96,840.  Request from Health Department for approval to Write-Off Uncollected Patient Accounts in the amount of $35,912.75.  Request from Social Services for approval of Budget Amendment #19 to receive and expend an additional $10,392 in supplemental Chafee (LINKS) Foster Care funds for one-time unrestricted financial assistance to four more qualified former foster youth.  Request from the Library for approval to apply for a LSTA Laundromat Family Literacy Centers Grant through the State Library of North Carolina.  Request from Emergency Management for approval to apply for a Local Emergency Planning Committee (LEPC) non-competitive grant in the amount of $1,000 to purchase materials and equipment to support the LEPC.  Request from Emergency Management for approval to apply for a Tier 2 Hazardous Materials competitive grant in the amount of $10,000 to conduct hazardous materials training for local hazmat teams.  Request from Emergency Management for approval to apply for the annual Emergency Management Preparedness Grant, which supports the overall functions of the Office of Emergency Management.  Request from Emergency Management for approval to apply for a Hazardous Materials Performance Grant (HMPG) to conduct an exercise in conjunction with the two hazmat teams in Iredell County as well as other regional partners.  Request from the Finance Department for approval of Budget Amendment #20 to appropriate additional capital funding to the school systems.  Request from the Finance Department for approval of Budget Amendment # 21 to appropriate additional current expense to Iredell Statesville Schools and Mitchell Community College.  Request from the Finance Department for approval to amend American Rescue Plan Act Special Revenue Fund Grant Ordinance.  Request from the Town of Mooresville for approval of a resolution to transfer right for 10/70 land in the Back Creek/Sloan Creek Public Water Supply Watershed.  County Construction Projects Update.  Request from Clerk to the Board for approval of the minutes from the meeting on October 19, 2021.  Request from Tax Administration for approval of refunds and releases for October 2021. MOTION by Commissioner Norman to approve the consent agenda. 38 November 16, 2021 VOTING: Ayes – 5; Nays – 0 Update on the Sale of Bonds: Finance Director Deb Cheek reported on the Sale of Bonds for the Mooresville Graded School system. There 10 bidders with an 18 basis points spread. The County locked in a true interest rate with JP Morgan Securities at 1.5692%. Cheek provided a summary of bond statistics. The buyers paid a premium of $3,716,985 so the County had to borrow only $31,510. Chairman Mallory said this is a win-win for all and is a result of not only very hard staff work but also the individual department across the County watching the bottom line. Mallory congratulated Mooresville Graded Schools. ANNOUNCEMENTS OF VACANCIES ON BOARDS & COMMISSIONS Board of Equalization and Review - 6 announcements Board of Health - 2 announcements Juvenile Crime Prevention Council - 1 announcement Recreation Advisory Board - 1 announcement Zoning Board of Adjustment - 3 announcements APPOINTMENTS TO BOARDS & COMMISSIONS Juvenile Crime Prevention Council - 2 appointments The Social Services appointee has retired and Lee Bombria has volunteered to serve in this capacity. Judge Deb Brown has retired and needs to serve in a different capacity on JCPC. She has volunteered to serve as a member of the public representing the interests of families of at -risk juveniles. According to JCPC's bi-laws, qualified persons must fulfill certain positions on the council. Although council prefers the Board's approval, it is not required. MOTION by Commissioner Norman to appoint Lee Bombria and Deb Brown to the JCPC. VOTING: Ayes – 5; Nays – 0 UNFINISHED BUSINESS (None) PUBLIC COMMENT PERIOD Former County Commissioner Renee Griffith asked the Board to consider granting an easement on county-owned property to access Cornerstone Christian School. The school’s property adjoins the County’s property where the Department of Social Services is located. Griffith said an easement would provide ingress and egress from the school from Eastside Drive rather than going through the nearby neighborhood. Griffith said the City of Statesville looked at the request and asked for two commitments from the school. One was to make sure the area would be paved all the way through and that has been done. Griffith said the easement is also in the 39 November 16, 2021 NCDOT’s five-year plan. Griffith extended an invitation to the Board to visit the school and consider the request. NEW BUSINESS Commissioner Houpe said the State budget has been passed and is waiting to go before Governor Cooper. Houpe expressed appreciation to Senator Sawyer and Representatives McNeely and Mills for their hard work on the budget. COUNTY MANANGERS REPORT County Manager Beth Mull provided an update on the following:  Echoed Commissioner Houpe’s comments.  Local legislators were able to secure the following for Iredell County. o $1 million for the Regional Greenway o $5 million for the Fairgrounds Project o A boat for the Sheriff’s Office as Iredell County has the most mileage in Lake Norman. o Equipment for Water Rescue Teams o Radios for the EMS Department o A grant for the Health Department  Legislators were also able secure funding for some municipal projects regarding water and sewer. CLOSED SESSION Chairman Mallory said a Closed Session was held immediately following pre- agenda to discuss Economic Development and Property Acquisition. MOTION by Vice Chair Neader to call for a public hearing December 7, 2021 at 7pm regarding a maximum economic development incentive of $263,665 over a five-year period for Project Buck based on the company’s $13,624,000 investment in Iredell County. VOTING: Ayes – 5; Nays – 0 ADJOURNMENT MOTION by Commissioner Brown to adjourn at 9:45pm. The Board will meet for a regular meeting Tuesday, December 4, 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