HomeMy WebLinkAbout11-15-2022
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November 15, 2022
IREDELL COUNTY BOARD OF COMMISSIONERS
PRE-AGENDA SESSION
November 15, 2022
The Iredell County Board of Commissioners met in pre-agenda session on Tuesday,
November 15, 2022 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
Brad Stroud, Sr.
Staff present: County Manager Beth Mull, County Attorney Lisa Valdez, Deputy County
Manager Susan Robertson, Finance Director Deb Cheek, and Clerk to the Board Amy Anderson.
CALL TO ORDER: Chairman James Mallory called the meeting to order.
ADJUSTMENTS TO THE AGENDA: County Manager Beth Mull went over the
following adjustments:
ADD: Request from ICATS for approval to ratify the Title VI Plan for FY23.
Request for approval of Special Revenue Fund Veterans Treatment Court in the
amount of $679,727 and authorize the County Manager to sign the MOU with the
Administrative Office of the Courts for the Veterans Treatment Court Coordinator.
Request from ITS to ratify a contract with Spectrum Enterprises for telephone
services and authorize the County Manager to execute the contract.
Request from the Economic Development Corporation for approval to grant a two-
year extension in order to fully execute the economic development incentive agreement for
Corvid Technologies.
Request from Fire Services and Emergency Management to approve the final
version of the proposed Fire Contract.
Economic Development Closed Session.
The Appointments Before the Board will be given during pre-agenda.
REMOVE: Attorney Client from Closed Session.
ADMINISTRATIVE MATTERS
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November 15, 2022
Request approval to select Fuller Architectural as the design firm for the ICATS New
Facility Project: Project Manager David Saleeby said Iredell County issued a Request for
Qualifications for Consulting and Design Services for the ICATS Facility Project on October 4,
2022. Two (2) RFQs were received. A team made up of Finance, ICATS, and Administration
reviewed the RFQs from Fuller Architectural and G.L. Wilson. Fuller Architectural was selected
for the ICATs project. Funding for the NEPA study will come from the ICATS Special Revenue
Fund and funding for the design and engineering will come from the awarded grant. Once the
contract is finalized it will be presented to the Board for approval along with a budget amendment.
Commissioner Houpe asked how Fuller outscored GL Wilson, a local company.
Saleeby said Fuller has more experience with NEPA.
This item was placed on consent.
Request from Emergency Communications for approval to apply for NC911 Board
Grant: Stephen Smith said Iredell County Sherriff's Office, Iredell County Emergency
Communications (Primary PSAP), Town of Mooresville - Mooresville Police Department
(Secondary PSAP), City of Statesville - Statesville Police Department (Secondary PSAP) and
Town of Troutman - Troutman Police Department in collaboration are exploring options for a new
Consolidated Computer Aided Dispatch (CAD) Environment for Iredell County Public Safety,
where all components will be under one CAD Vendor (CAD/MOBILE) with separate Records
Management Systems (RMS/JMS) for the purpose of Interoperability and ease of use/functionality
between agencies. There are currently three different vendors providing three Computer Aided
Dispatch Systems and four separate records management software systems within the
County. Iredell County, Town of Mooresville, City of Statesville and Town of Troutman intend to
apply for a Priority One Grant (Consolidated Grant) for the purpose of Acquiring/Implementing a
new CAD for Interoperability purposes between all agencies, Cities or Towns within the borders
of the County.
This item was placed on consent.
Request from Health Department for approval to Write-Off Uncollected Patient Accounts
in the amount of $7,519.79: Health Director Jane Hinson requested approval to write-off
uncollected patience accounts in the amount of $7519.19. The Board of Health reviewed and
approved the annual write-off of uncollected patient accounts in compliance with 10A NCAC 43A
.0206. Write-offs of uncollected patient accounts are considered a standard accounting practice
that also require approval of the Iredell County Board of Commissioners. The private pay
accounts have had no activity since June 30, 2019. Staff sent clients 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.
This item was placed on consent.
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November 15, 2022
Request from the Library for approval of Budget Amendment #22 to participate in
Year 2 of a Digital Literacy Initiative with the State Library of North Carolina: Library
Director Juli Moore requested approval of Budget Amendment #22 to participate in Year 2 of a
Digital Literacy Initiative with the State Library of NC. The Library was selected by the State
Library of North Carolina and the Education Subcommittee of the Andrea Harris Task Force to
participate in Year 2 of the program. This initiative provides a Digital Navigator to work with
families, utilizing the Digital Literacy Tool Kit that was created for the Homework Gap Project.
Plus, the project will use Northstar, a digital literacy assessment tool to track the participants
progress. The Library will receive $74,375 in funding to hire a part time temporary Digital
Navigator and purchase Chromebooks and supplies. The funding for this initiative runs through
September 30, 2023.
This item was placed on consent.
Request from Human Resources for approval of the Public Official Bonds: Melissa
Poteat requested approval of the Public Official Bonds. Poteat said in accordance to NC G.S. 58-
72-50, the Board of Commissioners are required to annually approve the bonds for the Finance
Director, Tax Collector, Deputy Tax Collectors, Sheriff and Register of Deeds. These Public
Officials Bonds are to be approved by the Board of Commissioners and recorded in the minutes
annually.
This item was placed on consent.
Request from the Finance Department for approval of amended contract for Martin
Starnes & Associates, CPAs, P.A. to prepare annual audit for fiscal year ending June 30,
2022: Finance Director Deb Cheek requested approval of an amended contract for Martin Starnes
& Associates, CPAs, P.A. The annual audit prepared by Martin Starnes & Associates had an
original due date of October 31, 2022 and needs to be amended to January 31, 2023 due to a delay
in obtaining information needed to complete the audit. We contract with Cavanaugh Macdonald
Consulting, LLC to prepare our OPEB actuary GASB75 valuation report. The Finance department
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November 15, 2022
experienced a delay from the insurance agent providing certain data to Cavanaugh Macdonald
which resulted in a delay in providing the report on time.
This item was placed on consent.
Request from Tax Administration for approval of October 2022 Refunds and
Releases:
This item was placed on consent.
Request from Administration for approval of an Assignment of Offer to Purchase
and Contract for the Bluefield Road property: County Manager Beth Mull said the Assignment
of Offer to Purchase and Contract is between related entities for the purpose of taking title at
closing of the Bluefield Road property.
County Construction Projects Update:
Request from Clerk to the Board for approval of the minutes from the meeting on
October 18, 2022: There were no additions or corrections.
Request from ICATS for approval to ratify the Title VI Plan for FY23: ICATS
Director Brad Johnson said there have been no changes to the Title VI plan that was approved on
December 1, 2020. With ICATS becoming a Direct Recipient of Federal Transit Association
(FTA). The FTA requires ICATS to have all required policies approved during FY2023. This will
ensure that all documents are current and will be updated and approved on a 3-year basis.
Request for approval of Special Revenue Fund Veterans Treatment Court in the
amount of $679,727 and authorize the County Manager to sign the MOU with the
Administrative Office of the Courts for the Veterans Treatment Court Coordinator: Finance
Director Deb Cheek requested approval Special Revenue Fund Veterans Treatment Court in the
amount of $679,727 and authorize the County Manager to sign the MOU with the Administrative
Office of the Courts for the Veterans Treatment Court Coordinator. The Department of Justice has
awarded to Iredell County a grant in the amount of $679,727 for Veterans Treatment Court. This
4 year funding will be a joint effort with the County and the Administrative Office of the Courts.
There is a Memorandum of Understanding to be approved for the first year in the funding cycle.
Request from ITS to ratify a contract with Spectrum Enterprises for telephone
services and authorize the County Manager to execute the contract: County Manager Beth
Mull said The Board previously approved a contract with Spectrum Enterprises for telephone
service. There have been some changes made to the contract. Mull requested approval to ratify
the contract originally approved on September 20 and to authorize the County Manager to execute
the contract.
Request from the Economic Development Corporation for approval to grant a two -
year extension in order to fully execute the economic development incentive agreement for
Corvid Technologies: Chad Thomas requested approval to grant a two-year extension in order to
fully execute the economic development incentive agreement for Covid Technologies. Due to
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November 15, 2022
Covid-19 and other variables the company was unable to meet the job creation requirement by the
current due date of December 31, 2022.
Request from Fire Services and Emergency Management to approve the final version
of the proposed Fire Contract: County Manager Beth Mull said the proposed fire contract has
been in negotiation for almost a year and the current contract is set to expire on June 30, 2023. The
proposed contract has been reviewed by the various fire departments and we have reached
consensus on the content.
The Board recessed at 6:25pm.
IREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
November 15, 2022
The Iredell County Board of Commissioners met in regular session on Tuesday, November
15, 2022 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
Brad Stroud, Sr.
Staff present: County Manager Beth Mull, County Attorney Lisa Valdez, Deputy County
Manager Susan Robertson, and Clerk to the Board Amy Anderson.
CALL TO ORDER by Chairman Mallory.
INVOCATION: Chairman Mallory led in prayer.
PLEDGE OF ALLEGIANCE led by Chairman Mallory.
ADJUSTMENTS TO THE AGENDA
County Manager Beth Mull went over the following adjustments:
Request from ICATS for approval to ratify the Title VI Plan for FY23.
Request for approval of Special Revenue Fund Veterans Treatment Court in the amount of
$679,727 and authorize the County Manager to sign the MOU with the Admi nistrative Office of
the Courts for the Veterans Treatment Court Coordinator.
Request from ITS to ratify a contract with Spectrum Enterprises for telephone services and
authorize the County Manager to execute the contract.
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November 15, 2022
Request from the Economic Development Corporation for approval to grant a two-year
extension in order to fully execute the economic development incentive agreement for Corvid
Technologies.
Request from Fire Services and Emergency Management to approve the final version of
the proposed Fire Contract.
Economic Development Closed Session.
Appointments Before the Board were given during pre-agenda.
MOTION by Commissioner Houpe to approve the agenda as adjusted.
VOTING: Ayes – 5; Nays – 0
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
Presentation of a plaque in memory of Commissioner Marvin Norman: Chairman
Mallory said, “It was my deepest wish that Marvin Norman and I could be moving off the stage
together. We had been battle buddies from the day I came on board eight years ago. I asked him
to be Vice Chairman. I needed someone who had a long view of how we got where we were and
who had the temperament of reflection. Marvin can be sort of described like the old
advertisement…when EF Hutton speaks people listen. Marvin would oftentimes let everybody
else, myself included, bloviate about something and there may be some disagreement about which
way to go and then when he would weigh in that would settle the matter. That was the experience
and knowledge speaking. Marvin’s heart for this county was tremendous. Though his actual heart
gave out his heart for this county continues to beat. Juanita was Marvin’s essential enabler that
was there every step of the way on his journey in his profession as well as serving on this board.
We adopted a resolution which we read into the record. We took that to have framed and included
Marvin’s nameplate. It has the little nicks and scars that come with almost 20 years in serving with
us. We thank you, Juanita. We appreciate everything you did as a team. One tradition that we have
is pictures of commissioners who pass in their term are placed on a special wall of memory as you
walk in the front door. David Boone and Godfrey Williams pictures are hung there along with their
dates of service. We have the same for Marvin.”
Chairman Mallory presented Mrs. Norman with a plaque in memory of Commissioner
Marvin Norman along with the framed resolution and nameplate.
Presentation of a plaque honoring Chairman James Mallory: Vice Chair Neader said,
“We had the opportunity this afternoon to have a reception right here in the same room to honor
and reflect on your years of service. Number one thank you for your years in military service to
country, county and community. I was reflecting on ways to share what it's meant to me to serve
with you. Prior to even running for office when I was considering the opportunity to run for
commissioner I made a call to Chairman Mallory and I said I'd like to come speak with you about
this. He said my door was open. One time when we were at the same event Purple Heart homes
was at a kickoff event for Medals of a deceased veteran to travel across the country to be presented
to family members Chairman Mallory had the opportunity to speak and share what was a lot of the
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history parts. If you think about it each one of us has a story. W all have our family tree. He had
us to reflect on the importance of each person's history, where we've been as a family and where
we're going. When you take those pieces of information you can apply them more than just your
own story you can apply them. As we sit right here as a county where has the county been where
are we now where are we going. He really gave the excellent perspective on that the journey. You
have inspired citizens. You have given creative ideas. You share thoughts with staff. It has been
an honor to sit next to you and learn so many things that I didn't even know about this seat. I'm
excited about your future and for your involvement with family, friends, and grandchildren. Your
willingness to dedicate time and hours to our county and it's a better place for your time and your
commitment. I would like to invite other commissioners.”
Commissioner Brown said, “I like to give James a hard time about the Mallory minute or
the Mallory. We appreciate you and the time you have spent here. In the past two years I’ve learned
a lot. We will probably call you in the future for some advice.”
Commissioner Stroud said, “My perspective is uniquely different with James as a soldier
and a department director more than a commissioner. I'm very thankful for your leadership and
insight. We talk a lot about in the military and talking about 50,000 foot views. There's a unique
difference when you're a soldier on the ground. I think you had a combination of both and could
understand from your vast experience more than most have seen. For that I appreciate it sir. You
are very special gentlemen. As an enlisted soldier we're smart enough to figure out it's not going
to be ever a minute with the General; it's going to be moments with the general.”
Commissioner Houpe said, “I want to thank Mary, James's wife, and his family, and friends
that were here earlier as we celebrated James's service to our county. I served on the Board with
Marvin as well, and since you've been here we've made things better. We've navigated through
tough times. During the pandemic we didn't shut down and our staff did a great job with the
obstacles they had in front of them. We've always been concerned about the citizens. We never
went to the citizens for a tax increase other than without their approval for school bonds. We were
always mindful of the citizens struggles and the economy. We worked with the sheriff and school
boards to make the schools safer with SRO Investments, threat assessment officers, and lots of
other things. I want to say we'll continue to work as a team with staff along with citizens listening
to feedback from them because we want to make the county better than when we found it. I think
you and Marvin can say that. We appreciate you and wish you health and happiness in your next
endeavor. Enjoy your family and your grandkids. It's been an honor to serve with you.”
County Manager Beth Mull said, “Chairman Mallory is a true Visionary but he does it with
a unique gift. The fact that he teaches you about your past while he's looking forward and trying
to get you moving forward to the future. That's a gift and he does that through telling stories
relating things to various battles. He's taught me some very valuable history lessons because when
we talk about things he'll make comments like the Battle of the Bulge and he'll go through and
explain that. Then I find myself researching and reading about the Battle of the Bulge and I always
learn something from that. Thank you for the history lessons and for making them relatable. Most
importantly thank you for setting a vision. You moved us forward. You created a strategic plan
and to follow that strategic plan and relate that plan to our budget process and include all of our
departments in that plan you have to know where you've been to know where you're going and
you've done that for us. You've left a lasting impression on us all.”
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Chairman Mallory said, “I had an opportunity to share a few remarks this afternoon. I can
just tell you that this county is moving forward. We can feel good about where we are. We are
blessed to live in this little corner of the world. We've got opportunities ahead of us that we need
to posture ourselves to take advantage of. I emphasize we, there is not an ‘I’ in this process. It
takes a Board of Commissioners working with all the other stakeholders in the county to be able
to affect. Quality of life is not something that County Commission can do itself. It takes working
with our municipalities, boards of education, non-profit organizations, faith based communities,
and legislative team. If we can do anything it's to get everyone in the boat stroking the ores the
same direction and understand where we're going. I want to thank all of our citizens and all of the
stakeholders who put their shoulders to the wheel collectively to move us forward as a county and
even greater things in the future. Like I said we are blessed to live in this little corner of the world.
A lot of the problems that you see on the internet and television are not happening here and there's
a reason for that. It's because we are a community to focus on providing a nurturing and uplifting
environments. We are focused on standards of conduct for all of our citizens and our children so
that we can achieve what our collective vision is: to make Iredell County the premier location to
live, work, and raise a family. Notice I didn't say live, work and play. Raising families is what's
important and raising them up in the knowledge of the Lord is the most important thing. Having
that opportunity in our schools, houses of worship, and all of our other non-profits. We have a
unique character and culture in this County and it's worth being preserved, but we need to grow it.
We need to improve the standard of living based on the bottom line wages of our people and that
means our economic development team is joined at the hip with our education team in terms of a
Workforce Development process. That's the big picture and the county itself provides a lot of
services. Over half of our budget goes towards education, public safety (Sheriff's Office, ECOM,
EMS, Emergency Management, and Fire Marshal). Then we also have Building Standards,
Planning Department, Public Health Department, Department of Social Service, Parks and
Recreation and Library all coming together as components of a healthy society. We have that here
in Iredell County and that's worth retaining, amplifying, and building. We don't need to be standing
still. We need to be moving forward. If you are moving forward towards an objective you don't
look at your feet. I am going to provide what I think the challenges and opportunities are ahead of
us. I'm going to do that on the website as a State of the County. I want you to feel really good about
where we are and more importantly where we're going with this leadership team. So thank you and
God bless you. I look forward to seeing you on The High Ground as we say in the army.”
APPOINTMENTS BEFORE THE BOARD
PUBLIC HEARINGS
Public hearing to consider a request from applicant Dill Holdings, LLC, representing
landowner Hunting Creek Solar Farm, LLC, to rezone approximately 107.58 acres along
Sheffield Road for proposed Solar Energy System: Planning Director Matthew Todd outlined
the rezoning request. The applicant requests to rezone the property from Residential Agricultural
(RA) to Residential Agricultural Conditional District (RACD). Staff does support the request and
feels the request matches the 2030 Horizon Plan’s agricultural residential designation. The
property is in close proximity to existing M2 Commercial uses. Planning Board voted unanimously
to support the request. A site plan showing the location of the solar farm facility as well as
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screening and buffering was included in the Board’s agenda packet. Todd noted the request is
conditional with the following specific conditions imposed as a part of the application.
1. Any and all permitted Residential Agricultural (RA) uses are allowed by right or
under prescribed conditions, as well as a Solar Energy System developed in
accordance with the submitted Site Plan; and any and all allowed accessory uses
related to the principal uses requested herein.
2. Proposed access gate(s) and fencing are minimum 6 foot tall wildlife-permeable
fencing with optional 3 strands of barbed wire and shall have warning signs spaced
uniformly around the perimeter.
3. Provide a minimum 25 foot buffer of existing vegetation or managed regrowth to
screen adjacent Sheffield Road and Raven Road, and adjoining residential property
as generally shown on the Site Plan.
4. Manage regrowth areas as shown on the Site Plan will be managed to facilitate
natural succession regrowth. This area will have the regrowth managed to prevent
shade impacts to array. This will be done in such a manner to perpetually encourage
successional regrowth within this area of desired species.
As a result of the Planning Board public hearing on October 5th, 2022 the applicant has
also agreed to the following additional condition:
5. Conduct water and soil testing prior to development in order to establish a baseline,
and again post-decommissioning.
Chairman Mallory opened the public hearing.
No one wished to speak.
Chairman Mallory closed the public hearing
Mr. Steven McCachern, Vice-President of Energy Delivery for Energy United, said the
location is a good candidate for this project by interconnecting to the power grid at a very low cost.
This site will have the equipment and ability to accept the energy. Energy United has worked with
Birdseye on several developments and they have always been extremely responsive to their
concerns and a great partner for them.
Brooks Camp, Lead Developer of Dill Solar Farm LLC, employee of Birdseye Renewable
Energy, presented slides of the project. He introduced other members of the team: Richard
Renegar, property owner; Suzanne Todd, council; Kevin Gorman, Site Plan Designer; Chris
Sandifer, Engineer; and Richard Kirkland, appraiser.
Camp said the purpose of the rezoning is to build a solar energy system. The proposed
system is a 10 megawatt Energy System and that's roughly equivalent to the capacity needed to
power 1600 homes. It is sited and designed to mitigate impacts to surrounding properties. It will
interconnect with the Energy United Distribution System, Harmony Substation. The Energy
United interconnection study currently is in progress to determine everything that will be needed
in order to make that connection there at the substation. We expect construction to begin in early
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2024. Camp said they began working with Energy United back in 2020-21 to identify preferred
locations to connect solar to their grid and Harmony Substation was one of those spots. They then
worked with them to identify this specific location for the project as it is located across the street.
A lease with the landowners was signed December 2021. Camp engaged with Planning Staff
planning department here in April 2022. A community meeting was held in June 2022 listen to
concerns and tried to make some changes to the site plan as a result of what we heard.
Camp said they plan to use a maximum of 50 acres of the 108 acre tract. The property
owner has requested to farm the land that will not be utilized in the project. The proposed fencing
is an 8’ tall wildlife permeable fencing and is taller than the 6’ ordinance required fencing with
three strands of barbed wire. The wildlife permeable fencing provides height while avoiding the
barbed wire, and will allow smaller wildlife to get through. The developer is committed to 25’
minimum vegetative buffer along roadways and residential property boundaries, along with adding
a couple more areas as well. Camp said existing vegetation will be used where available, and where
it’s not, regrowth buffers will be used.
Camp said there are basically three types impact that are significant relative to property
value and quality of life to a community: visual, sound, and odor. A solar farm does not produce
any odor, it does reduce the chemical use that comes with standard agricultural practices. There
would be no pesticide applications and it would lower the requirements for herbicide applications
as well. The facility will create very little traffic after the project is built. Camp said string inverters
will be used in the project. String converters are smaller and passive cooling and are al most
completely silent, rather than central inverters. They connect to transformers that are inside the
site fencing, and can only hear a hum when standing next to it.
Camp said the solar racking will be no more than 15’ tall. There will be monitoring
equipment with a wind gauge that is slightly taller, and polls that run to the substation would be
slightly taller. There will be vegetative buffers around as much of the site as feasible to mitigate
the visual impact as much as possible.
Chairman Mallory asked the projected useful life of the project.
Camp said solar modules are warranted for 30 years and most investors look at the projects at 30-
40 years however, one of the more valuable pieces of a project like this is the permission to
interconnect to the utility grid and the ability to put energy on the grid at that point. Camp said in
the future a lot of these projects will be retooled and continue to inject electricity in some form or
fashion. He said this would very likely be an energy producing facility for quite some time.
Commissioner Brown asked about the bonding for decommissioning.
Camp said that is a requirement.
Commissioner Stroud asked about recyclability.
Camp said there are a lot of different module manufacturers and each one of them is
working on a way to recycle their modules. Then there's sort of industry-wide effort to create
generalized recycling. Camp expects things to ramp up a lot in the near future. Several states are
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enacting statewide legislation around decommissioning of solar projects that's going to continue
and that's going to put a lot of pressure on the industry to respond.
Chairman Mallory asked how many solar facilities does Dill Holding own or operate.
Camp explained the structure of the holding companies. Each project is owned by one
entity and then that entity can be sold to an owner/company. Birdseye is typically a Greenfield
development company. They do not set up to own and operate or build projects. They develop and
get them shovel ready and then sell that project as an entire
LLC unit and all of its assets to a company that would be able to own and operate so Dill Holdings
LLC is one project.
Commissioner Houpe thanked Camp for the presentation.
Chairman Mallory thanked Camp for the extensive analysis provided in the packet on
property values. The previous policy was the quasi-judicial process and the Board felts that
adjoining property owners were at a disadvantage in concerns that they had if they weren’t
answered. The LDC was changed to allow citizens concerns to be more readily heard. Mallory
noted Camp provided much more detailed information than prior applicants. There may still be
come concern over the ultimate potential for an LLC to pass it on to another and there be a single
asset LLC.
Chairman Mallory closed the public hearing.
MOTION by Commissioner Houpe to approve the zoning map amendment, and to make
a finding that the approval is consistent with the adopted 2030 Horizon Plan and that said approval
is reasonable and in the public interest and furthers the goals of the 2030 Horizon Plan because the
property lies within the 2030 Horizon Plan Agricultural Residential designation, it is in close
proximity to an existing M-2 zoning district, there are readily available energy utilities to support
the proposed solar energy system use, and the conditions of the request aim to safeguard the
surrounding homeowners while generating minimal traffic impacts. The added conditions are as
follows: Conduct water and soil testing prior to development in order to establish a baseline, and
again post-decommissioning and all solar panels used for development of the site must pass EPA
Standardized Toxic Leaching Characteristic Procedure (TCLP) testing.
VOTING: Ayes – 5; Nays – 0
Iredell County
PLANNING & DEVELOPMENT
PLANNING STAFF REPORT
REZONING CASE # 2209-1
STAFF PROJECT CONTACT: Leslie Meadows
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EXPLANATION OF THE REQUEST
This is a request to rezone a tract of farmland, approximately 107.58 acres, divided along both
sides of Sheffield Road, from Residential Agricultural (RA) to Residential Agricultural Conditional
District (RACD). This request is conditional per the submitted solar energy system site plan, and
specific conditions shall be imposed as attached to the request.
OWNER/APPLICANT
CURRENT OWNER: Hunting Creek Solar Farm, LLC
APPLICANT: Dill Holdings, LLC
PROPERTY INFORMATION
LOCATION:
672 Sheffield Road; more specifically identified as PIN#:
4891106419.000.
SURROUNDING LAND USE:
The property is surrounded by Residential Agricultural
lands, in an area of the county that remains mostly
rural. However, there is a sizeable M-2 operation less
than half a mile to the south; the Holly Farms Foods, Inc.
processing plant.
SIZE:
The total acreage to be rezoned is approximately 107.58 acres.
EXISTING LAND USE:
Actively farmed croplands, with an abandoned home site/barns.
ZONING HISTORY:
The property has been zoned Residential Agricultural (RA) since county -wide zoning was
established in 1990. Nearby processing plant, built in 1958, has also been zoned Heavy
Manufacturing (M-2) since 1990.
OTHER JURISDICTIONAL INFORMATION: This property is not near any municipal Urban Service Area.
Property is closest to the Town of Harmony’s jurisdiction, and near the Iredell/Davie County line.
OTHER SITE CHARACTERISTICS : The property is located within the regulated Hunting Creek WS-III-
Balance of Watershed area. Non-residential Low Density development is limited to 70% impervious
surface, of the total acreage. The 10/70 Rule, which applies to this site, is not near capacity. An
intermittent tributary of Hunting Creek runs across a portion of the eastern side of the property, but
should not require 50 foot stream buffer.
UTILITIES: This site is currently served by private septic system and water service is available by
Iredell Water Corporation.
IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES
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TRAFFIC: Sheffield Road is considered an existing Minor Thoroughfare by the CRTPO
Comprehensive Transportation Plan, from Memorial Highway to Davie County. The closest and
most recent NCDOT traffic count is south of this property near the processing plant, just be fore
intersecting with Dyson Road, which had a traffic count of 1,000 vehicles per day in 2016. The
road capacity for Sheffield Road is 11,000 vehicles per day, with estimated average daily traffic
of 3,200 vehicles through the year 2030. The speed limit along this section of Sheffield Road is 55
mph.
SCHOOLS: This rezoning should have no implications on local schools.
EMERGENCY SERVICES: This proposal has been reviewed by the Iredell County Fire Marshal’s Office
and Iredell County EMS. Neither office addressed any concerns regarding the request.
REQUIRED REVIEWS BY OTHER AGENCIES
LOCAL: Assuming zoning approval, the applicant must still provide a commercial site plan to
Planning & Development 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 by the County for compliance.
STATE: Other than building code, there should be no formal state agency review at this time.
FEDERAL: Wetland delineation will be performed by the US Army Corps of Engineers.
STAFF AND BOARD COMMENTS
STAFF COMMENTS: Dill Holdings, LLC, in cooperation with Birdseye Renewable Energy, seeks to
rezone acreage within Iredell County to establish a Solar Energy System. There are a minimal
amount of residences adjoining this sizeable property, and power transmission lines/towers a re
already present, which means the site is readily equipped for solar energy system grid connection.
In lieu of relatively recent amendments to our Land Development Code, Solar Energy Systems or
“solar farms”, no longer require a Special Use Permit approved by the Board of Adjustment. Solar
Energy Systems located outside manufacturing districts must be rezoned to ACCD or RACD, per
Chapter 3, Section R65, which includes a subsequent site plan. While in close proximity to an M -2
zoning district, containing a Holly Farms processing facility, the site remains RA farmland. Therefore,
this a conditional rezoning request with specific conditions imposed as part of the submitted
application, and congruent site plan, as follows:
1.) Any and all permitted Residential Agricultural (RA) uses are allowed by right or under
prescribed conditions, as well as a Solar Energy System developed in accordance with the
submitted Site Plan; and any and all allowed accessory uses related to the princ ipal uses
requested herein.
2.) Proposed access gate(s) and fencing are minimum 6 foot tall wildlife-permeable fencing
with optional 3 strands of barbed wire and shall have warning signs spaced uniformly
around the perimeter.
3.) Provide a minimum 25 foot buffer of existing vegetation or managed regrowth to screen
adjacent Sheffield Road and Raven Road, and adjoining residential property as generally
shown on the Site Plan.
4.) Manage regrowth areas as shown on the Site Plan will be managed to facilitate natural
succession regrowth. This area will have the regrowth managed to prevent shade impacts
to array. This will be done in such a manner to perpetually encourage successional
regrowth within this area of desired species.
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As a result of the Planning Board public hearing on October 5th, 2022 the applicant has also
agreed to the following additional condition:
5.) Conduct water and soil testing prior to development in order to establish a baseline, and
again post-decommissioning.
The 2030 Horizon Plan designates this property as Agricultural Residential, located in the more rural,
northern portion of the County, outside defined Urban Services Areas. The intent of Agricultural
Residential areas is to remain rural in character and have a maximum density of one single-family
dwelling unit per two acres. Uses within this area generally should include some farming
operations, accessory farming uses, single-family residences, accessory dwelling units, churches,
parks, and institutional uses.
The Planning staff can support the proposed rezoning request based on the following: The
property lies within the 2030 Horizon Plan Agricultural Residential designation, it is in close proximity
to an existing M-2 zoning district, there are readily available energy utilities to suppor t the proposed
solar energy system use, and the conditions of the request aim to safeguard the surrounding
homeowners while generating minimal traffic impacts.
PUBLIC INPUT MEETING: The applicant, Dill Holdings, LLC, and future developer, Birdseye
Renewable Energy, held a public input meeting on Thursday, June 16, 2022 from 5:30 - 7:30 pm at
the Harmony Community Center. Approximately six surrounding neighbors attended, and
received information displayed by the applicant, including their conceptual site p lan, sample
pictures of their existing solar energy sites, and illustrations of natural succession regrowth buffer
zones. No major opposition was expressed. 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 August 19, 2022, to post property and
take photo documentation. Staff was accompanied by Planning Board members: Raymond
Burnette, Ronda Hoke, Larry Payne, and Andy Webster.
PLANNING BOARD ACTION: On October 5, 2022, the Planning Board held a public meeting to hear
the rezoning request. The applicant/owner, represented by Dill Holdings LLC and Birdseye
Renewable Energy, provided a team of presenters for questioning. Three neighbors were present,
two of whom spoke candidly about their concerns. The board and citizens agreed to be in support
of “green energy”, but remain apprehensive of the environmental impacts. It was suggested by
Planning Board that the applicant consider an additional agreed upon condition to require water
and soil testing at the site, prior to development, as a baseline for decommissioning purposes.
Planning Staff shall work with applicant prior to the Board of Commissioners meeting to make a
decision on the wording of such an additional condition. The board voted 8-0 to recommend
approval of the rezoning.
Public hearing to consider a text amendment to the Land Development Code
regarding Fill in Floodplain: Planning Director Matthew Todd said the floodplain regulations
were upgraded a few years ago and it included that fill in was not allowed in the floodplain. There
was a specific scenario where staff felt it was warranted. Doug Carrigan with Carrigan Farms was
trying to put in an irrigation pond on his property and in the permitting process and found it that it
wasn’t allowed. In conversations with the County’s Floodplain Administrator staff felt the request
did warrant a change. Todd requested approval of a text amendment to allow stream restoration
projects and ponds that are associated with a bona fide farm and irrigation.
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November 15, 2022
Chairman Mallory expressed appreciation to staff for being responsive to notice a
regulation that is designed to protect county residents and their quality of life and water that there
were circumstances that just didn’t pass the common sense test.
Chairman Mallory opened the public hearing.
No one wished to speak.
Chairman Mallory closed the public hearing.
MOTION by Commissioner Brown to approve the text amendment as presented.
VOTING: Ayes – 5; Nays – 0
IREDELL COUNTY PLANNING & DEVELOPMENT
PLANNING STAFF REPORT
Proposed Text Amendment – Fill in Floodplains
EXPLANATION OF THE REQUEST
Currently the Iredell County Flood Damage Prevention Ordinance states that fill in the Special
Flood Hazard Area (SFHA) is prohibited. This provision was added in 2018 and is a standard above
the minimum. Staff is proposing clarification and addition to the exemptions in this section.
Existing text that is bold and with strike through is text to be removed. Text in red and underlined
is new text to be added.
STAFF COMMENTS
The intent of the proposed text amendment is to provide additional exclusions to the no fill
provision of Article 5 Section A of the Iredell County Flood Damage Prevention Ordinance. As
currently written we are not able to permit stream restoration project s that require fill to restore a
streams natural floodplain functions; and a farmer, desiring to dam the headwaters of a stream
to back up water for irrigation of cropland, would not get a permit from our office despite having
approval from federal and state agencies.
The goal is not to encourage the use of fill within floodplains but rather to allow projects, which
are beneficial to the health of the natural environment or support our agricultural community,
when the development is limited to land they own, to move forward.
TEXT AMENDMENTS
Article 5. Section A.
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(16) Fill is prohibited in the SFHA including construction of buildings on fill. This includes not
approving Conditional Letters or letters of Map Revision – Based on Fill (CLOMR-F or LOMR-F)
for new development. Road and utility infrastructure projects are exempt from this
provision.
The following are exempt from this provision:
(a) Road and driveway construction;
(b) Utility infrastructure;
(c) Minor filling where needed to protect or restore natural floodplain functions, such as part
of a stream channel restoration project. To meet this exclusion, the project must utilize
only the minimum amount of fill necessary to ensure that the targeted area is restored to
full ecological functionality; and
(d) Building of Ponds/Lakes with the following provisions:
(i) Must be designed and utilized for irrigation as part of a bona-fide farm;
(ii) Engineered at minimum for a 100 year storm event;
(iii) If construction intersects the Non-Encroachment Zone or Floodway any increase in
the BFE must be limited to the owners land AND the requirements of Article 5, Section
F must be satisfied.
ADMINISTRATIVE MATTERS
County Manager Beth Mull summarized the following Administrative Matters during the
Pre-Agenda meeting held at 5pm:
Request approval to select Fuller Architectural as the design firm for the ICATS New
Facility Project.
Request from Emergency Communications for approval to apply for NC911 Board Grant.
Request from Health Department for approval to Write-Off Uncollected Patient Accounts
in the amount of $7,519.79.
Request from the Library for approval of Budget Amendment #22 to participate in Year 2
of a Digital Literacy Initiative with the State Library of North Carolina.
Request from Human Resources for approval of the Public Official Bonds.
Request from the Finance Department for approval of amended contract for Martin Starnes
& Associates, CPAs, P.A. to prepare annual audit for fiscal year ending June 30, 2022
Request from Tax Administration for approval of October 2022 Refunds and Releases.
Request from Administration for approval of an Assignment of Offer to Purchase and
Contract for the Bluefield Road property.
County Construction Projects Update.
Request from Clerk to the Board for approval of the minutes from the meeting on October
18, 2022.
Request from ICATS for approval to ratify the Title VI Plan for FY23.
Request for approval of Special Revenue Fund Veterans Treatment Court in the amount of
$679,727 and authorize the County Manager to sign the MOU with the Administrative
Office of the Courts for the Veterans Treatment Court Coordinator.
Request from ITS to ratify a contract with Spectrum Enterprises for telephone services and
authorize the County Manager to execute the contract.
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November 15, 2022
Request from the Economic Development Corporation for approval to grant a two-year
extension in order to fully execute the economic development incentive agreement for
Corvid Technologies.
Request from Fire Services and Emergency Management to approve the final version of
the proposed Fire Contract.
MOTION by Commissioner Brown to approve the consent agenda.
VOTING: Ayes – 5; Nays – 0
ANNCOUNCEMENT OF VACANCIES OCCURING ON BOARDS &
COMMISSIONS
Board of Equalization & Review - 6 announcements
Board of Health - 7 announcements
Charlotte Regional Partnership - 1 announcement
Personnel Advisory Committee - 3 announcements
Recreation Advisory Board - 4 announcements
Troutman Board of Adjustment - 1 announcement
Zoning Board of Adjustment - 4 announcements
APPOINTMENTS TO BOARDS & COMMISSIONS
Child Fatality Prevention Team - 1 appointment
Crystal Hobbs has volunteered to serve for the first time.
MOTION by Commissioner Houpe to appoint Crystal Hobbs to the Child Fatality
Prevention Team.
VOTING: Ayes – 5; Nays – 0
UNFINISHED BUSINESS
(None)
PUBLIC COMMENT PERIOD
South Iredell Fire Chief Jerry Starr provided a couple of updates. He reminded the Board
of his previous request for additional funding to support the living program at the department. Starr
said the department still has a very strong volunteer base. They also educate other firefighters in
the County. He submitted a copy of the department’s condensed budget for FY23 which has a
$4,800 shortfall. Starr said there is a need for extrication tools. The current tools are 20 years old
and parts are almost impossible to get. He submitted a request for $32,000, the cost of new
extrication tools.
Angela Matthews thanked Chairman Malory for his service to the County and Country.
Everyone does not always agree but it is not personal, it was about the policy or interpretation of
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the law or lack thereof. Matthews said going forward hopefully use lessons from the last two and
half years. Matthews also expressed appreciation to Juanita Norman for sharing Marvin with the
citizens of Iredell County for so many years. Mr. Norman was alwa ys a man high integrity.
Matthews congratulated Commissioner Houpe, Commissioner Stroud, and Commissioner Elect
Connolly on being elected to serve. She shared that she recently learned that approximately 50
children at Harmony Elementary receive backpacks of food every Friday because they are at the
risk of having little to no food at home over the weekend. She asked the Board to on record and
give taxpayers assurance that they will vote for a property tax reduction.
Tom Snyder congratulated Commissioner Houpe, Commissioner Stroud, and
Commissioner Elect Connolly. He saluted and wished Chairman Mallory well. Snyder said he had
ups and downs with the Board but it was nothing personal and everyone learned to agree to
disagree.
NEW BUSINESS
(None)
CLOSED SESSION
There were no action items to report.
ADJOURNMENT
MOTION by Commissioner Brown to adjourn at 8:48PM. The Board will meet for a
regular meeting Tuesday, December 6, 2022 at 7pm in the Commissioners’ Meeting Room,
Government Center, 200 South Center Street, Statesville, NC.
VOTING Ayes – 5; Nays – 0
__________________________________ ___________________________________
Date Approved Amy B. Anderson, Clerk