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HomeMy WebLinkAbout02-06-2024 1 February 6, 2024 IREDELL COUNTY BOARD OF COMMISSIONERS PRE-AGENDA SESSION February 6, 2024 The Iredell County Board of Commissioners met in pre-agenda session on Tuesday, February 6, 2024, at 4:00 PM, in the Commissioners’ Meeting Room located in the Iredell County Government Center 200 South Center Street, Statesville, NC. Board Members Present Chair Melissa Neader Vice Chair Bert Connolly Scottie Brown Gene Houpe Brad Stroud, Sr. Staff present: County Manager Beth Mull, Deputy County Manager Susan Robertson, County Attorney Lisa Valdez, Finance Director Deb Cheek, and Clerk to the Board Amy Anderson. CALL TO ORDER: Chair Neader called the meeting to order. ADJUSTMENTS TO THE AGENDA: County Manager Beth Mull said there was one clarification: Announcement of Vacancies on Boards & Committees – 2 announcements on the Board of Equalization and Review. PUBLIC HEARINGS Public hearing to consider a request from Owner/Applicant Lee “Bart” Abernathy, Richard Abernathy Grading & Septic, Inc. to rezone six contiguous parcels of land accessed off of Mt. Ulla Highway. Chair Neader asked if there is a business operating on the property. Planning Director Matthew Todd said there is an approved business operating on the property. Chair Neader asked if the applicant is expanding the business onto property he already owns. Todd said in 2021, the applicant requested and received a Special Use Permit for a Source Reduction Facility. A reduction facility is burning, grinding, and chipping products on site. Todd noted there was a Text Amendment done in 2020 to allow that type of use. In Residential Agricultural Zoning Designation, the use was allowed with a Special Use Permit with setback restrictions. The use was also allowed in industrial zoning designations with the same setbacks but did not require a Special Use Permit. At that time, the applicant elected to request a Special Use Permit within the RA zoning designation. Todd believes the applicant would like some flexibility 2 February 6, 2024 on the property beyond what the Special Use Permit granted. The applicant has a large shop where he may want to lease to another business which is not allowed under the SUP. If the property is rezoned, the applicant will be able to continue the operation, add some flexibility, and other uses. Chair Neader asked if the property is rezoned with the setbacks change. Todd said the use will require the same setbacks however the applicant will not be tied to the same site plan because it is a permitted use. Chair Neader asked if the lots along Melody Lane are residential lots. Todd said yes. Commissioner Brown asked if there have been any complaints since the applicant established the business on-site in 2021. Todd said no one spoke at the Board of Adjustment hearing in 2021, however, three residents shared concerns at the Planning Board meeting. ADMINISTRATIVE MATTERS Request from Harmony Volunteer Fire Department to appoint Eddie Richardson, Jr. and Todd Goodin to the Harmony VFD Relief Fund Board of Trustees. Kent to appoint Eddie Richardson, Jr. and Toy J. Powers to the Harmony VFD Relief Fund Board of Trustees, as required by North Carolina General Statute 58-84-46. This item was placed on consent. Request from Emergency Communications for approval of change orders to the Motorola contract and amendment to the American Rescue Plan Grant Ordinance for the Iredell VIPER Simulcast Project Change Orders. Jamie Barrier requested approval of change orders 2-6 to the Motorola contract and amendment to the American Rescue Plan Grant Ordinance for the Iredell VIPER Simulcast Project Change Orders. Barrier went over the following change orders: #02- $27,550.00 Olin- This Tower Failed Structural Analysis, this cost will perform soil boring/Geo report and create modification drawings to bring tower up to NC Building Code 2018 also Tower and Foundation Modification Design (stamped and sealed) with updated foundation analysis). If the structure does not come up to speed another change is expected. #03- $28,945.00 Barium Springs upgrade existing site shelter for Iredell VIPER Simulcast System equipment installation. An additional change order is expected on this site for a modification because the tower is slightly overloaded. #04- $79,825.00 ECOM Tower install a UPS system to adequately support the new VIPER radio system components plus new circuits from main AC panel #05-$24,550.00 Fox Mountain upgrade existing site shelter for Iredell VIPER Simulcast System installation. #06- $24.550.00 Mooresville electrical site upgrade at site shelter- new circuits from UPS system and installation of OP8 surge suppressors. 3 February 6, 2024 Vice Chair Connolly asked if these scenarios were taken into consideration when the sites were looked at. ECOM Director Candy Miller said there was no way to know the electrical levels needed until the project was designed. She said the department checked with Facility Services, but they were unable to perform any of the electrical work. Commissioner Brown said ARPA funds are funding the project. Mull said yes and there were some funds reserved because the final cost was unknown. Commissioner Houpe said the Board was made aware that there would be some unknowns during the project. Mull said the project benefits all first responders and public safety individuals in the County by going from five radio systems to one. This item was placed on consent. Request from Emergency Communications for approval of Budget Amendment #27 to appropriate fund balance to transfer funds from the General Fund to repay the Emergency Telephone System Fund for ineligible expenses made according to the final PSAP report for FY23. ECOM Director Candy Miller requested approval of Budget Amendment #27 to appropriate fund balance to transfer funds from the General Fund to repay the Emergency Telephone System Fund for ineligible expenses made according to the final PSAP report for FY23. Miller said PSAPs using funds for uses deemed ineligible must repay the Emergency Telephone System Fund for the expenses. For FY23, $27,986.57 were deemed as ineligible expenses by the North Carolina 911 Board and need to be repaid. This item was placed on consent. Request from Emergency Communications for approval of Budget Amendment #29 to accept a Portable Radio Grant Agreement with the NC911 Board. Jamie Barrier requested approval of Budget Amendment #29 to accept a Portable Radio Grant Agreement with the NC911 Board to purchase portable radios to be kept for use in the communications centers as backups. This item was placed on consent. Request from Information Technology Systems for approval to purchase a new data circuit for the Sheriff's Office located at 1714 Wilkesboro Highway. ITS Director Joey Holshouser requested approval to purchase a new data circuit for the Sheriff's Office located at 1714 Wilkesboro Highway. Holshouser explained that with the closure of the old Monticello location, the narcotics team will be moving into the Wilkesboro Highway location. The purchase will include the installation of a 100Mbps circuit that will tie into the Spectrum EPLAN. The contract is for 3 years with free installation. This item was placed on consent. 4 February 6, 2024 Request from the Town of Mooresville for approval of a resolution to transfer right for 20/70 land in the Back Creek/Coddle Creek Public Water Supply Watershed. Planning Director Matthew Todd said the watershed protection regulations limit the amount of built upon impervious areas. The Back Creek/Coddle Creek Watershed has been regulated under the 10/70 rule. In 2021, the County transferred 455.41 acres to the Town of Mooresville for allotment. NC House Bill 600 granted the ability to utilize a 20/70 rule in the Back Creek/Coddle Creek Watershed. The Town of Mooresville has requested an additional 267.85 acres. Approximately 167.85 acres would be the build-out of the Business Park East along with an additional 100 acres for other future development. If approved this would leave 222.95 acres for allocation in the County’s zoning jurisdiction. Commissioner Houpe asked if there is a threshold the County does not want to go below. Mull said the County transferred all of its remaining acreage to the Town of Mooresville to get them back into compliance. Once the County allocates the acreage outlined in the resolution there is no more development in the watershed. The most important piece is transferring the additional acreage to ensure the development of the business park. Mull noted the Town is requesting an additional 100 acres to give them extra. This would leave the County with 222.95 acres. Vice Chair Connolly asked what the Town has planned for the additional 100 acres. Todd said the acreage would be limited for future commercial and industrial development within the Town. Commissioner Houpe said the Board has requested the Town have a specific plan when they make these types of requests. Mull said the Board could set aside the additional 100 acres and have the Town request specific projects. After a lengthy discussion, the Board agreed by consensus to table the resolution to allow staff to bring an amended resolution allocating the 167.85 acres to complete Mooresville Business Park East and set aside the additional 100-acre request to be requested by the Town for specific projects. Report of Unpaid Taxes that are liens on Real Property and set advertising date. Tax Administrator Bill Furches reported approximately $8 million in unpaid taxes that are liens on Real Property. Current collections total $191,500,000. Furches requested approval to set the advertising dates as Wednesday, March 20, 2024, as the advertising date for the Mooresville Tribune and Thursday, March 21, 2024, as the advertising date for the Statesville Record and Landmark. This item was placed on consent. 5 February 6, 2024 Request from Parks & Recreation for approval of Budget Amendment #28 to accept a Walmart Facility Community grant in the amount of $3,500 to be used for recreation programming. Parks & Recreation Director Tate Osborne for approval of Budget Amendment #28 to accept a Walmart Facility Community in the amount of $3,500 to purchase picnic tables and benches. This item was placed on consent. Request from Parks & Recreation for approval to apply for a grant from Duke Health. Parks & Recreation Tate Osborne requested approval to apply for a grant from Duke Health in the amount of $15,000. If awarded, the funds will be used for shade at the pool area. This item was placed on consent. Request from Parks & Recreation for approval to apply for the Lowes Hometowns Grant. Parks & Recreation Tate Osborne requested approval to apply for the Lowes Hometowns Grant. If awarded, the grant will provide labor and materials to enhance the grassy area in front of the Recreation Center including seating areas and a water feature. The grant will include the supplies. This item was placed on consent. Request from Parks & Recreation for approval to apply for an AARP Community Challenge Grant. Parks & Recreation Tate Osborne requested approval to apply for a grant from an AARP Community Challenge Grant in the amount of $40,000. If awarded, the funds will provide a vibrant area for the 55 and older population. Request from Parks & Recreation for approval to increase Summer Camp fees. Parks & Recreation Tate Osborne requested approval to increase Summer Camp fees by $5 per week per child. Camp Iredell would be $155 per week and $195 for Camp Iredell Adventures. There has not been an increase since 2021. Osborne said the increase is necessary because of the increase in fuel and material costs, and the school calendar change to include two weeks of summer camp that was not budgeted for. Chair Neader asked if the department could absorb the cost without forwarding the increase to the families. She also asked staff to ensure $4,000 would cover the costs. The Board agreed by consensus to table the request and allow staff to look for available revenue to cover the increase. Mull noted a budget amendment may be necessary. Parks & Recreation Director Ryan Brill gave an update on the department’s numbers for January. Health & Wellness- 7,227 All programming (individual participants signing up for adult trips, STEM/Agriculture programs, PE, crafts etc. – 272 Facility rentals- 6,138 6 February 6, 2024 Total community members served for January- 13,637 The Board shared excitement for the direction that the Recreation Center is headed. Vice Chair Connolly asked Osborne to look into football programming. Request from Administration for approval of Departmental Strategic Goals. Strategic All Iredell County Departments have created Strategic Goals as part of the continued growth of our Strategic Planning process. Each of these Strategic Goals has a direct tie to at least one Board of Commissioner-approved Strategic Objective. These goals have been reviewed by the Strategic Planning Analyst with the departments and have been presented to, reviewed, and approved by Administration. These goals will be used during the budget process and will drive decisions regarding the budget. Mull said the Board will receive an update on the Strategic Plan process during the upcoming retreat. This item was placed on consent. County Construction Projects Update. A copy of the update was provided in the Board’s packet. There were corrections or additions. This item was placed on consent. Request from Clerk to the Board for approval of the minutes from the meeting on January 16, 2024. There were no corrections or additions. This item was placed on consent. COUNTY MANAGER’S REPORT County Manager Beth Mull gave an update on the following: • Board’s Winter Planning Retreat on Wednesday, February 14, 2024 from 9am – 2pm at Cooperative Extension. The second day is tentatively scheduled for March 18, 2024. The date was pushed back to allow time for bids for the new high school to come in. If the bids are not back the date may shift. • Department Directors are currently working on budgets. Budgets are due on February 16, 2024. • Early voting begins on Thursday, February 15, 2024. There are five different early voting sites. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES February 6, 2024 7 February 6, 2024 The Iredell County Board of Commissioners met in regular session on Tuesday, February 6, 2024, at 6:00 PM, in the Commissioners’ Meeting Room of the Iredell County Government Center, 200 South Center Street, Statesville, NC. Board Members Present Chair Melissa Neader Vice Chair Bert Connolly Scottie Brown Gene Houpe Brad Stroud, Sr. Staff present: County Manager Beth Mull, Deputy County Manager Susan Robertson, County Attorney Lisa Valdez, and Clerk to the Board Amy Anderson. CALL TO ORDER by Chair Neader. INVOCATION: by Vice Chair Connolly. PLEDGE OF ALLEGIANCE: led by Chair Neader. ADJUSTMENTS TO THE AGENDA: County Manager Beth Mull said there was one clarification: Announcement of Vacancies on Boards & Committees – 2 announcements on the Board of Equalization and Review. MOTION by Commissioner Stroud to approve the agenda as presented. VOTING: Ayes – 5; Nays – 0 SPECIAL PRESENTATIONS & RECOGNITIONS APPOINTMENT BEFORE THE BOARD Annexation Briefing: Planning Director Matthew Todd said staff often hears confusion regarding the annexation laws in North Carolina. There are voluntary and involuntary annexations. In 2012, the State legislature made changes to the involuntary process. Todd is not aware of any jurisdiction being successful in an involuntary annexation since then. A voluntary annexation is when a property owner submits a petition to a jurisdiction requesting annexation. The two kinds of areas that can be annexed are contiguous or satellite. Contiguous annexations have no distance restriction from current corporate boundaries. Cities can go up to three miles from primary corporate limits for voluntary annexation. Statesville and Troutman and Troutman and Mooresville have Annexation Boundary Agreements which is the only restriction on growth. Todd noted there are no boundaries north of Statesville to voluntarily annex contiguous property. Satellite annexations cannot exceed 10% of the primary city limits but Statesville and Troutman are exempt from this per General Statute. Todd noted the 10% rule does apply to Mooresville. Chair Neader asked if the three miles pertain to how a crow flies per se. Todd said yes. 8 February 6, 2024 Todd then went through the annexation process. A willing property owner petitions a municipality the municipality will then go through its process. They have 60 days to assign an initial zoning designation. Typically, the municipality may zone the property similar to the County’s zoning. Chair Neader said the Board is often asked why the County cannot stop the annexation process. Todd said annexations by municipalities are allowed by state statute. Commissioner Brown asked what happens if two towns cross in the three miles. Todd said it is important to have boundary agreements in place. Vice Chair Connolly said a lot of people think the County controls annexations but it’s not the case. When towns and cities annex property most of the time the density is higher allowing more homes on the property which potentially impacts the number of students going to school and affects the per-pupil funding. The County’s hands are tied with what the municipalities do. The County pays $2,223 per pupil for school funding, not including capital funding. The average price of a home in the County is $360,000 with property taxes approximately being $1,800 per year. To break even on the cost of per pupil a house would need to be valued at $445,000. Not everyone can afford these homes. Vice Chair Connolly said there has been some debate about the County not giving the school system enough money. The taxpayers are left to fill the gap left by the State. The County’s tax rate is .50. Cabarrus County’s tax rate is .74 and fund $2,282 per pupil. Davie County’s tax rate is .773 and fund $2,225 per pupil; Rowan County’s tax rate is .58 and fund $2,229 per pupil; Alexander County’s tax rate is .67 and fund $1,728 per pupil. County Manager Mull said there is some misinformation about the County being the second lowest in the State for per-pupil funding. The County funds two public school systems and one community college. Out of 15 surrounding counties, Iredell is seventh highest in per pupil and third in capital funding. Iredell is a Tier 3 county and does not receive a lot of funding from the State and Federal Government. The Board of Commissioners funds the school systems well. Vice Chair Connolly said the County cannot control what the cities and towns do. Commissioner Stroud said the current board has done a brake check on extra-territorial jurisdiction requests. Commissioner Houpe said he understands everyone’s concerns, but the County does a lot of things right. PUBLIC HEARINGS 9 February 6, 2024 Public hearing to consider an economic development incentive for Project Zeus. Craig Goodson presented Dehn SE for an economic development incentive. Dehn SE is a private 114- year-old company located in Neumarkt, Germany. The company is a world leader in providing electrical engineering in manufacturing solutions for the lightning and surge protector sector. Dehn SE currently employs 2,300 people worldwide. The company’s location plan is two-fold. First, they will occupy 10,000 square feet of office space in Merino Mill and will add 20,000 square feet approximately two-to-three months later to consolidate warehousing while they build the second location which will serve as the company’s US headquarters. In addition to assembly, production, and warehousing the second location will feature research and development training, and electrical engineering-type positions. The first phase will be 70,000 square feet and the complete build-out will be 200,000 square feet. When the company completes the buildout by December 31, 2030, they will have invested $38,560,000. This does not include the upfitting cost for Merino Mill. Goodson requested approval of an economic development incentive to Dehn SE for up to $912,352 over seven years based on the company’s investment of up to $38,560,000, creation of a minimum of 120 jobs up to 238 by December 30, 2030, and contingent upon a contract being executed within 180 days. Chair Neader asked how many US locations the company looked at. Goodson said the company looked country-wide and narrowed its pool down to three states. After visiting the area on three different occasions the company decided on Iredell County. Chair Neader opened the public hearing. No one wished to speak. Chair Neader closed the public hearing. MOTION by Commissioner Stroud to approve an economic incentive up to $912,352 over a seven-year period based on the company's investment of up to $38,560,000, creation of a minimum of 120 jobs up to 238 by December 30, 2030, and contingent upon a contract being executed within 180 days. VOTING: Ayes – 5; Nays – 0 Public hearing to consider a request from Owner/Applicant Lee “Bart” Abernathy, Richard Abernathy Grading & Septic, Inc. to rezone six contiguous parcels of land accessed off of Mt. Ulla Highway. Planning Director Matthew Todd presented the following rezoning request. The applicant is requesting to rezone the property from Residential Agricultural (RA) to Light Manufacturing (M-1). The property has an active Special Use Permit that was approved in 2021 for a source reduction facility. Todd noted in 2020, the Board of Commissioners approved a Text Amendment to include source reduction facilities with setbacks and restrictions. The use was allowed in RA with a Special Use Permit. The use was also allowed in industrial zoning designations with the same requirements but did not require a Special Use Permit. Todd said if the rezoning is approved the same use would still be allowed on the property along with the same restrictions however it would give the applicant some flexibility. Staff supports the request and the Planning Board unanimously recommended in favor of the request. 10 February 6, 2024 Chair Neader asked for an example of the flexibility the applicant would be allowed. Todd said if approved additional light manufacturing uses would be allowed on the property. Chair Neader opened the public hearing. Bart Abernathy, the applicant, was available for questions. William Allison, representing the applicant, said the request is substantially consistent with the 2045 Horizon Plan and it received favorable recommendations from Planning staff and the Planning Board. Allison said the applicant is currently tied to a site-specific plan because of the Special Use Permit which limits his ability to shift buildings and parking. Allison explained the M-1 zoning designation will allow the applicant to add a tenant in the proposed building. He also noted the setbacks will remain in place; 500 feet from any adjoining residence and 300 feet from any boundary line. Abernathy’s operation provides a needed function for southern Iredell County and the development companies. Chair Neader asked the applicant if he felt he had adequate property to continue the operation for several years. Abernathy said yes. Chair Neader also asked if the property has a concrete entrance. Abernathy said yes. He explained he went above and beyond to make the location very appealing. Chair Neader closed the public hearing. MOTION by Commissioner Houpe to approve the zoning map amendment, and to make a finding that said approval is consistent with the adopted 2045 Horizon Plan and is reasonable and in the public interest because: the entirety of the site is within the 2045 Horizon Plan Employment Center Industrial/Flex/Office designation, and is in close proximity to various existing industrial uses. VOTING: Ayes – 5; Nays – 0 Iredell County PLANNING & DEVELOPMENT PLANNING STAFF REPORT REZONING CASE # 2401-1 STAFF PROJECT CONTACT: Leslie M. Meadows EXPLANATION OF THE REQUEST This is a request to rezone six contiguous parcels of land accessed off of Mt. Ulla Highway, approximately 33.25 acres, from Residential Agricultural (RA) with an active Special Use Permit (SUP) to Light Manufacturing (M-1). This is a conventional request, with no additional agreed upon conditions presented at this time. 11 February 6, 2024 OWNER/APPLICANT OWNER/APPLICANT: Lee “Bart” Abernathy, Richard Abernathy Grading & Septic, Inc. PROPERTY INFORMATION ADDRESS/LOCATION: Accessed at 1239 Mt. Ulla Highway. More specifically, PINs#: 4678074493.000, 4668979387.000, 4678072343.000, 4678070006.000, 4668953367.000, and a portion of 4678075873.000. SURROUNDING LAND USE: West of the site, and east across Mt. Ulla Highway, are various existing industrially zoned properties; under the Mooresville Municipal Planning Area. Vacant lands directly to the south are currently owned by Duke Energy, permitted for a future substation. Lands directly to the north and east remain residential in nature. SIZE: The total acreage to be rezoned includes approximately 33.25 acres. EXISTING LAND USE: Currently active Source Reduction Facility operating under a Special Use Permit. ZONING HISTORY: The property has been zoned Residential Agricultural (RA) since county-wide zoning was originally established in 1990. In April of 2021, applicant Bart Abernathy applied for and was granted a Special Use Permit by the Iredell County Board of Adjustment to develop and operate a Source Reduction Facility (processing & wholesale) in the Residential Agricultural (RA) district. Note that if the Light Manufacturing (M-1) rezoning request is approved, the rezoning will override the existing SUP. The use, Source Reduction Facility, can continue and expand by right in the M-1 zoning district per the performance requirements of Chapter 3, R67 of the Land Development Code, which shall still apply. However, any future M-1 changes/additions for site plan review will not need to go back before the Board of Adjustment for approval. OTHER JURISDICTIONAL INFORMATION: The properties lie inside of the Town of Mooresville’s Urban Service Area. Annexation and/or public utilities may be made available by the town in the future. The Town of Mooresville has been made aware of the request. No feedback has been received. Mooresville’s Future Character & Land Use Plan does designate this area as Industrial into the future. 12 February 6, 2024 OTHER SITE CHARACTERISTICS: These properties are located within the regulated Back Creek Balance of Watershed Area (WS-II-BW). Proposed new development will be limited by the 20/70 Rule (70% with water and sewer) for built-upon area (BUA). Only 12% of the property could be built upon once development within the overall Back Creek watershed area has reached 20% at 70% impervious. Watershed BUA calculations on the site will be thoroughly re-evaluated at time of commercial site plan review for all new development. There is an intermittent stream and two ponds onsite, but the properties are not located within a flood hazard zone. UTILITIES: This site is currently served by well and septic. However, future public utilities may be available through the Town of Mooresville. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: According to the current CRTPO Comprehensive Transportation Plan, Mt. Ulla Highway (NC 801) is considered a major thoroughfare; an existing boulevard not in need of improvements at this time, with no identified 2045 MTP projects in this area. The closest and most recent NCDOT annual average daily traffic counts along Mt. Ulla Highway is approximately 8,100 vehicles per day in 2021. The Iredell County 2021 Transportation Master Plan does not include recommended improvements for Mt. Ulla Highway at this time. The speed limit along this section of Mt. Ulla Highway is a transition zone between 45-55 mph. SCHOOLS: This is a commercial rezoning and should have no implications on local schools’ capacity. 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: An official site plan must be submitted to the Planning & Development Department for review in order to redesign or further 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: Other than building code, there should be no formal state agency review at this time. FEDERAL: None at this time. STAFF AND BOARD COMMENTS STAFF COMMENTS: The applicant and landowner, Bart Abernathy, will combine these parcels for continued operation of his source reduction facility. His desire is to reconfigure 13 February 6, 2024 his current SUP site plan; constructing a multi-use shop building to house office and storage space for various commercial tenants. The properties are situated between two significant Mooresville Business Parks, accessed off Mooresville Blvd. and Manufactures Blvd. A Light Manufacturing rezoning will take precedent over the applicant’s existing Special Use Permit, and allow changes to the site plan without Board of Adjustment approval. However, it is noted this is straight/conventional request, with no additional agreed upon conditions at this time. All permitted M-1 uses would be allowed into the future. The majority of site adjoins an existing industrial business park, per Town of Mooresville’s jurisdiction, and the entirety of the request is consistent with the 2045 Horizon Plan Employment Center – Industrial/Flex/Office designation. 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. These areas should have access to planned arterial or collector streets to provide adequate infrastructure for transportation of goods to and from distribution centers. 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, based on the following: the entirety of the site is within the 2045 Horizon Plan Employment Center - Industrial/Flex/Office designation and is in close proximity to various existing industrial uses. SITE REVIEW COMMITTEE: Staff performed a site visit on December 15, 2023, to post property and take photo documentation. PLANNING BOARD ACTION: On January 3, 2024, the Planning Board held a public meeting to consider the rezoning request. The applicant was present for questioning. Several surrounding landowners were in attendance, three of which spoke in opposition. Primarily, their concerns included some of the already approved activity associated with the property including clearing, noise, smoke and the future development potential of the site. The board voted unanimously, 9-0, to recommend approval of the rezoning request. Public Hearing on a trust agreement to be entered into by the County in an aggregate principal amount not to exceed $40,000,000. Finance Director Deb Cheek said at the January 2, 2024, meeting, the Board approved a resolution regarding the 2024 Limited Obligation Bonds, not to exceed $40 million, for the new Weathers Creek High School located in Troutman, NC. Tonight’s public hearing is to consider public comment. Chair Neader announced that this was the hour and day of the public hearing on a trust agreement or similar financing agreement (the “Agreement”) to be entered into by the County of Iredell, North Carolina (the “County”) pursuant to Section 160A-20 of the General Statutes of North Carolina in an aggregate principal amount not to exceed $40,000,000 for the purpose of 14 February 6, 2024 providing funds, together with any other available funds, to pay the costs of constructing and equipping a new high school to be located in Troutman, North Carolina to be known as Weathers Creek High School, which will be leased to the Iredell-Statesville Board of Education for operation (the “Project”). If the County enters into the Agreement, it will secure its obligations thereunder by executing and delivering a deed of trust granting a lien on all or a portion of the site of the Project, together with any improvements or fixtures located or to be located thereon. In connection with the proposed plan of finance, the County will acquire all or a portion of the site of the Project and will lease such site to the Iredell-Statesville Board of Education to be used for school purposes. Such lease will be subordinate to the lien created by the deed of trust. Section 160A-20(g) of the General Statutes of North Carolina requires that the County hold a public hearing prior to entering into the Agreement. Section 153A-158.1 of the General Statutes of North Carolina require that the County hold a public hearing relating to the proposed acquisition of all or a portion of the site of the Project by the County to be used for school purposes. The Chair acknowledged due publication of the notice of public hearing in a newspaper with a general circulation in said County and directed the Clerk to the Board of Commissioners to attach the affidavit showing publication in said newspaper on a date at least ten (10) days prior to the date hereof as Exhibit A. The Chair then announced that the Board of Commissioners would immediately hear anyone who might wish to be heard on the proposed Agreement or the proposed acquisition of all or a portion of the site of the Project by the County as described above. A list of all persons making comments and a summary of such comments are attached as Exhibit B. Chair Neader opened the public hearing. No one wished to speak. Chair Neader closed the public hearing. All statements and comments by participants of the public hearing were duly considered by the Board of Commissioners. MOTION by Commissioner Brown to approve the resolution as presented. VOTING: Ayes – 5; Nays – 0 ADMINISTRATIVE MATTERS 15 February 6, 2024 • Request from Harmony Volunteer Fire Department to appoint Eddie Richardson, Jr. and Todd Goodin to the Harmony VFD Relief Fund Board of Trustees. • Request from Emergency Communications for approval of change orders to the Motorola contract and amendment to the American Rescue Plan Grant Ordinance for the Iredell VIPER Simulcast Project Change Orders. • Request from Emergency Communications for approval of Budget Amendment #27 to appropriate fund balance to transfer funds from the General Fund to repay the Emergency Telephone System Fund for ineligible expenses made according to the final PSAP report for FY23. • Request from Emergency Communications for approval of Budget Amendment #29 to accept a Portable Radio Grant Agreement with the NC911 Board. • Request from Information Technology Systems for approval to purchase a new data circuit for the Sheriff's Office located at 1714 Wilkesboro Highway. • Report of Unpaid Taxes that are liens on Real Property and set advertising date. • Request from Parks & Recreation for approval of Budget Amendment #28 to accept a Walmart Facility Community grant in the amount of $3,500 to be used for recreation programming. • Request from Parks & Recreation for approval to apply for a grant from Duke Health. • Request from Parks & Recreation for approval to apply for the Lowes Hometowns Grant. • Request from Parks & Recreation for approval to apply for an AARP Community Challenge Grant. • Request from Administration for approval of Departmental Strategic Goals. • County Construction Projects Update. • Request from Clerk to the Board for approval of the minutes from the meeting on January 16, 2024. MOTION by Commissioner Houpe to approve the consent agenda. VOTING: Ayes – 5; Nays – 0 The following items were removed from the consent agenda: • Request from the Town of Mooresville for approval of a resolution to transfer right for 20/70 land in the Back Creek/Coddle Creek Public Water Supply Watershed. After a lengthy discussion, the Board agreed by consensus to table the resolution to allow staff to bring an amended resolution allocating the 167.85 acres to complete Mooresville Business Park East and set aside the additional 100-acre request to be requested by the Town for specific projects. • Request from Parks & Recreation for approval to increase Summer Camp fees. The Board agreed by consensus to table the request and allow staff to look for available revenue to cover the increase. 16 February 6, 2024 ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Board of Equalization & Review - 2 announcements Juvenile Crime Prevention Council - 1 announcement APPOINTMENTS TO BOARDS & COMMISSIONS Juvenile Crime Prevention Council - 1 appointment Nakayla Griffin has volunteered to serve for the first time as the Statesville Police Department professional. According to JCPC bi-laws, qualified persons must fulfill certain positions on the Council. Although the council prefers Board approval, it is not required. MOTION by Commissioner Houpe to appoint Nakayla Griffin to serve on the JCPC. VOTING: Ayes – 5; Nays – 0 Recreation Advisory Board - 1 appointment Priscilla Holmes has volunteered to serve for the first time. MOTION by Commissioner Brown to appoint Priscilla Holmes to serve on the Recreation Advisory Board. VOTING: Ayes – 5; Nays – 0 UNFINISHED BUSINESS (None) PUBLIC COMMENT PERIOD (None) COMMISSIONER COMMENTS & UPDATES Commissioner Brown shared his excitement of Parks & Recreation. The department continues to do great things and provide unique opportunities for all ages. He is hopeful the department will continue to do well, and the County will be able to set aside more funds for the Fairgrounds. Commissioner Stroud shared that Mrs. Kay Webster passed away yesterday, February 5, 2024. Mrs. Webster shared her love through baking, specifically providing cakes for the Employee and Retiree Luncheons. The Board expressed its sympathy to the Webster family. Chair Neader shared her appreciation of being involved in and making connections with the community. She recognized a Boy Scout in attendance. She also shared an update on a recent meeting with a representative from Thom Tillis’ office. 17 February 6, 2024 Chair Neader and Commissioner Stroud shared an update on being able to recognize a 91- year-old Korean War Veteran. Vice Chair Connolly said it is sad that the County has to put $40 million on top of the voter-approved $80 million. The new high school project will be the most expensive single capital project in the County’s history. Connolly said the bond for Selma Burke Middle School was approved by the voters at the same time as the high school, however, Selma Burke is now open. Commissioner Houpe expressed appreciation for county employees. He asked citizens to continue praying for the Country. NEW BUSINESS (None) COUNTY MANAGER’S REPORT County Manager Beth Mull gave an update on the following: • Board’s Winter Planning Retreat on Wednesday, February 14, 2024 from 9am – 2pm at Cooperative Extension. The second day is tentatively scheduled for March 18, 2024. The date was pushed back to allow time for bids for the new high school to come in. If the bids are not back the date may shift. • Department Directors are currently working on budgets. Budgets are due on February 16, 2024. • Early voting begins on Thursday, February 15, 2024. There are five different early voting sites. CLOSED SESSION The Board held a Closed Session before the 6pm meeting and there were no action items to report. ADJOURNMENT MOTION by Commissioner Houpe to recess at 7:02pm until Wednesday, February 14, 2024, at 9am for the Winter Planning Retreat at the Cooperative Extension. The next regular meeting is Tuesday, February 20, 2024, at 6pm in the Commissioners’ Meeting Room, Government Center, 200 South Center Street, Statesville, NC. VOTING Ayes – 5; Nays – 0 __________________________________ ___________________________________ Date Approved Amy B. Anderson, Clerk