STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AGENDA SEPTEMBER 4, 2018  INFORMAL WORK SESSION - 5:30 P.M. REGULAR MEETING - 6:00 P. M. Call to Order & Welcome = Chairman Burleson Invocation & Pledge of Allegiance - Chairman Burleson Approval/Adjustments to the Agenda SCHEDULED AGENDA ITEMS  1. RETIREMENT AWARD PRESENTATION Glenn Misenheimer, Facilities/Solid Waste  2. COOPERATIVE EXTENSION - PRESENTATION ON THE STATE OF  AGRICULTURE IN STANLY COUNTY  Presenter: Samantha Foster, Extension Agent, Agricuiture-uivestock 3. POLICY CHANGES REGARDING PROCUREMENT PROCEDURES FOR  CONTRACTS USING FEDERAL FUNDS Presenter: Toby Hinson, Finance Director  4. PLANNING & ZONING  Presenter: Michael Sandy, Planning Director A. ZA 18-05 - Rezoning request for Oakmont Acquisitions  1. Hold the public hearing.  2. Request the Board approve or deny the rezoning request. B. ZA: 18-06-F Rezoning request for. Jason T. Gallagher  1. Hold the public hearing.  2. Request the Board approve or deny the rezoning request.    C.ZA18-07 - Revised Language for the Solar Electric Power Generating  System Overlay District, Section 618 1. Hold the public hearing.  2. Request the Board approve or deny the text amendment.  5. ECONOMIC DEVELOPMENT  Presenter: Andy Lucas, County Manager  A. Public Hearing - Economic Development Incentive Grant 2. Approval of the property tax incentive grant. B. Public Hearing - Economic Development Incentive Grant 2. Approval of the property tax incentive grant. C.E EDC Project Management - Budget Amendment & Contract  1. Hold public hearing.  1. Hold public hearing.  D. EDC Board Appointments  6. PUBLIC HEARING & RESOLUTION - NO-WAKE ZONE DESIGNATION IN THE  AREA OF RANDALLS FERRY ROAD AND TALON COURT Presenter: Andy Lucas, County Manager  7. CRITERIA TO USE DESIGN-BUILD CONSTRUCTION DELIVERY METHOD FOR  EMS BASE & VEHICLE FUELING SITE Presenter: Andy Lucas, County Manager  8. CENTRALINA COG NURSING HOME ADVISORY COMMITTEE APPOINTMENT  Presenter: Andy Lucas, County Manager  9. CONSENT AGENDA  Presenter: Chairman Burleson  A. Minutes - Regular meeting August 6, 2018. B. City of Locust - Approval of fireworks display on September 15, 2018. C.E EMS - Approval of budget amendment # 2019-10. D. Sheriff's Office - Approval of budget amendment # 2019-11.    E. Finance - Approval of the vehicle tax refunds for August 2018. F. Facilities - Approval to surplus the listed items and sell through  GovDeals. PUBLIC COMMENT  BOARD COMMENTS, ANNOUCEMENTS & COMMITTEE REPORTS  ADJOURN  The next regular meeting will be Monday, October 1, 2018.    Stanly County Board of Commissioners  STANL)COUNTY Meeting Date: September 4, 2018  Presenter: Chairman Burleson  Mater ArledSaer.  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** *PCise equipped with Windows XP: and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ify youl have need to use the Document Camera and: zoom into: aj particular area, ifp possible please attach: a copy oft the document with the: areai indicated  Please Provide a Brief Description ofyour Presentations format:_ that you need toz zoom into. AI laser lighti is available top pinpoint your area ofp projection. *** You can bring ina al laptop that will allow video out to bec connected: att the lectern- set display to6 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  RETIREMENT AWARD PRESENTATION  Glenn Misenheimer, Facilities Management  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to be a true copy oft the action taken by the Stanly County Board of Commissioners on  No  X  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to thel Board  Date    Stanly County Board of Commissioners  STANU)COUNTY Meeting Date: September 4, 2018  2  Mhten An Lars Saccar,  Presenter: Samantha Foster, Extension Agent,  Agritcuture-livestock  Consent Agenda Regular. Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD - Document Camera** Laptop*** *PCise equipped with Windows XP and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ify you have need tou uset the Document Camera and: zoomi into a particular area, ifp possible please attacha a copy oft the document with the: areai indicated  Please Provide a Brief Description of your Presentations format:_ that you need toz zoom into. AI laser lighti isa available top pinpoint your: area of projection. *** You can bring in a laptopt that will allow video out to be connected: at thel lectern- set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  PRESENTATION ON THE STATE OF AGRICULTURE IN STANLY COUNTY  Presented fori information only. No action required.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified tol be a true copy ofthe action taken by the Stanly County Board of Commissioners on  No  X  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to thel Board  Date    CENSUSO: MAGRICULTURE COUNTY PROFILE Stanly County North Carolina  2012 664 93,071 acres 140 acres $96,515,000 $145,355 $928,000 $5,272  2007 713 104,517acres 147 acres $106,678,000 $149,618 $1,916,000 $9,826  % change -7 -11 -5 -10 -3 -52 -46  Number of Farms Land in Farms Average Size of Farm Market Value of Products Sold Crop Sales $32,646,000 (34 percent) Livestock Sales $63,870,000 (66 percent) Average Per Farm Government Payments  Average Per Farm Receiving Payments  Farms by Size, 2012  Landi in Farms, 2012 byL Land Use  400- 300  Cropland. 58.6%  Other uses 6.1% Pastureland 17.5%  Woodland. 17.8%  10-49 50-179 180-499 500-999 1,000+  Acres  USDA  US Department of Agriculture National Agricultural Statistics Service  wwagcCnsUs.scagor    CENSUSO: MAGRICULTURE COUNTY PROFILE Stanly County  North Carolina  Ranked items among the 100 state counties and 3,079 U.S. counties, 2012  Item  Quantity State Rank Universe U.S. Rank Universe  MARKET VALUE OFA AGRICULTURAL PRODUCTS SOLD ($1,000) Total value ofa agricultural products sold Value of crops includingr nursery and greenhouse Value ofli livestock, poultry, andt their products VALUE OF SALESE BY COMMODITY GROUP ($1,000) Grains, oilseeds, dryb beans, and dry peas Tobacco Cotton ando cottonseed Vegetables, melons, potatoes, ands sweetp potatoes Fruits, treer nuts, andb berries Nursery, greenhouse, floriculture, ands sod Cut Christmas trees ands shortr rotation woody crops Othero crops andH hay Poultry ande eggs Cattle ando calves Milkf fromo cows Hogs andp pigs Sheep, goats, wool, mohair, andr milk Horses, ponies, mules, burros, ando donkeys Aquaculture Other animals and other animalp products TOP CROP ITEMS (acres) Cornf for grain Cotton, all Uplando cotton Soybeansf for beans Forage-land usedf fora allh hay and haylage, grass silage, and greenchop TOPI LIVESTOCKI INVENTORYI ITEMS (number) Broilers ando other meat-type chickens Turkeys Pullets fork layingf flock replacement Layers Cattlea ando calves Other County Highlights, 2012 Farms by value ofs sales: Less thans $1,000 $1,000 to $2,499 $2,500 tos $4,999 $5,000t to $9,999 $10,000 tos $19,999 $20,0 000 tos $24,999 $25,0 000 tos $39,999 $40,0 000 to $49,999 $50,000 tos $99,9 999 $100,0 000t tos $249,999 $250, 0001 tos $499,999 $500,0000 or more Totalf farm production expenses ($1,000) Average perf farm ($) Neto cash farmi income ofc operation ($1,000) Average perf farm($)  96,515 32,646 63,870 20,489 10,280 (D) (D) 868 (D) 553 56,030 5,103 (D) (D) 137 74 11 13,077 13,016 13,016 12,539 8,669 1,575,291 333,553 (D) (D) 12,825  42 45 32 31 15  100 100 100 100 74 58 99 98 97 50 97 99 52 91 93 58 95 100 58 58 92 98 93 80 83 100 100  1,204 1,421 751 1,226 173 (D) (D) 1,128 2,354 (D) 1,805 230 (D) (D) 1,101 2,055 2,183 1,114 196 195 1,056 1,767 246 80 (D) 1,739 (D)  3,077 3,072 3,076 2,926 635 436 2,802 2,724 2,678 1,530 3,049 3,013 3,056 2,038 2,827 2,988 3,011 2,924 1,366 2,638 635 2,162 635 3,057 2,723 2,416 2,637 3,040 3,063 Quantity 294 370 585 79 58.5 1 959  22 18 18 44 30 27 11 21 36 24  Economic Characteristics  Quantity 173 109 92 110 58 D 25 11 15 10 48 74,922 112,834 24,573 37,008  Operator Characteristics occupation: byp primaryo  Principal operators Farming Other Principal operators bys sex: Male Female Average age ofp operator principal (years) Allo operators byr race American! Indian or Alaskal Native Asian Native Black orA Hawalian African American or Other Pacific Islander White More thand oner race Allo operators ofs Spanish, Hispanic, orl Latino Origin?  See" "Census ofA Agriculture, Volume 1, Geographic Area Series" for complete footnotes, explanations, definitions, andr methodology. Universei isr number of countiesi ins state or U.S. withi item. Datay were collected foran maximum oft three operators perf farm.  Represents: zero. (D)V Withheld to avoidd disclosing dataf fori individual operations.    SCOTLAND COUNTY 204,293 Corn for Grain: Bu. 150 Cotton: Lbs.: Production in4 480 Lb. Bales 68,934 Hay, Other: Tons 460 Peanuts: Lbs. 31,034 Soybeans: Bu. 57.6 Sweet Potatoes: Cwt. $248,129,000 Tobacco, Burley: Lbs. $479,521 Wheat: Bu.  Census ofA Agriculture- -2012  Crops-2015  Acres Yield Production Rank Harvested 1,710 2.55 12,500 22 273,000 51  Total Acresi in County Number ofF Farms Total Land inF Farms, Acres Average Farm Size, Acres Harvested Cropland, Acres Average Age of Farmers Average Value ofF Farm &E Buildings Average Total Farm Production! Expense  4,370 77  Average Market Value of Machinery &E Equipment $17,090,000 Tobacco, Flue-Cured: Lbs.  Livestock  Number Rank 12,800,000 18 1,200 77  Broilers Produced (2015) Cattle, AII( (Jan. 1,2016) Beef Cows (Jan. 1,2016) Milk Cows (Jan. 1,2016) Hogs and Pigs (Dec. 1,2015) Layers (Dec. 1,2015) Turkeys Raised (2015) Cash Receipts- 2015 Livestock, Dairy and Poultry Crops Government Payments Total  Dollars Rank 81,425,341 29 10,345,192 74 561,933 35 92,332,466 40  STANLY COUNTY 252,836 Corn for Grain: Bu. 664 Cotton: Lbs.: Productioni in4 480 Lb. Bales 93,071 Hay, Other: Tons 140 Peanuts: Lbs. 50,058 Soybeans: Bu. 58.5 Sweet Potatoes: Cwt. $478,518,000 Tobacco, Burley: Lbs. $112,834 Wheat: Bu.  Census of Agriculture- 2012  Crops- -2015  Acres Yield Production Rank Harvested 9,950 115 1,144,000 12,500 2.20 19,600 28 550,000 38 11,600 59 679,000 12  Total Acres in County Number ofF Farms Total Landi inF Farms, Acres Average Farm Size, Acres Harvested Cropland, Acres Average Age of Farmers Average Value ofF Farm & Buildings Average Total Farm Production! Expense  25 27,200 25  Average Market' Value of Machinery & Equipment $56,744,000 Tobacco, Flue- Cured: Lbs.  Livestock  Number Rank 9,000,000 28 12,500 22 3,000 50 545,000 11 Dollars Rank 63,872,508 33 27,073,426 44 843,055 30 91,788,989 41  Broilers Produced (2015) Cattle, All (Jan. 1,2 2016) Beef Cows (Jan. 1,2016) Milk Cows (Jan. 1, 2016) Hogs andF Pigs (Dec. 1,2 2015) Layers (Dec. 1, 2015) Turkeys Raised (2015) Cash Receipts 2015 Livestock, Dairy and Poultry Crops Government Payments Total  North Carolina Agricultural Statistics 133    Stanly County Board of Commissioners  STANUOCOUNTY Meeting Date: September 4, 2018  Presenter:  Hinson  3  Toby R.  later. fh LelSaccnt.  Consent Agenda' Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD 7 Document Camera** Laptop*** *PCis equipped with' Windows XP and Microsoft Office. XP (including Word, Excel, and) PowerPoint), Internet connectivity and Network connectivity ** Ifyoul have need tou use the Document Camera and: zoomi into: ap particular area, ifp possible please attachac copy oft the document with the areai indicated  Please. Provide al Brief Description of your Presentations format: that you need toz zoom into. AI laser lighti is available top pinpoint your area of projection. *** You can bringi ina a laptop that will allow video out to be connected: att the lectern- set display to 60Mhz.  for County) Employees.  ITEMT TOBE CONSIDERED  The US Office of Management and Budget has issued changes in the procurement process pertaining to contracts in which federal funds will be used to pay for thes services performed. There are several procurement thresholds and procedures that have to be met when federal funds are used. This new policy will outline these new procedures that will have to be followed. For any purchasing or contracts that do not use federal funds, we can revert back to our current  procurement policy that is in place.  Consider and approve this new policy outlining procurement procedures with federal funds.  Signature: Toby R.] Hinson Date: 8/27/17  Dept. Finance Attachments:  Yes Certification of Action Certified to be at true copy oft the action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment: Necessary  Tyler Brummitt, Clerk to the Board  Date    PROCUREMENT PROCEDURES WITH FEDERAL FUNDS  STANLY COUNTY, NORTH CAROLINA  I. Purpose  The purpose of this policy is to establish guidelines that meet or exceed the procurement requirements for the purchase of goods (apparatus, supplies, materials, and equipment), services, and construction or repair projects when federal funds are being used in whole or in  part to pay for the cost oft the contract.  II. Policy  A. Application of Policy. This policy applies to contracts for purchases, services, and construction or repair work funded with federal financial assistance (direct or reimbursed) which includes, but is not limited to, direct grants, USDA grants and loans, CDBG funds, FEMA disaster assistance grants, and the Highway Planning, Research, and Construction Program. The requirements of this Policy also apply to any sub-recipient of thet funds. All federally funded projects, loans, grants, and sub-grants, whether funded in part or in whole, are subject to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for federal awards (Uniform Guidance) codified at 2 C.F.R. Part 200 unless otherwise directed in writing by the federal agency or state pass-through agency that B. Compliance with Federal Law. All procurement activities involving the expenditure of federal funds must be conducted in compliance with the Procurement Standards codified in 2C.F.R. $200.317 through $200-326 unless otherwise directed in writing by the federal agency or state pass-through agency that awarded the funds. Stanly County will follow all applicable local, state, and federal procurement requirements when expending federal funds. Should the County have more stringent requirements, the most restrictive requirement shall apply sO long as iti is consistent with state and federal law. Contract Award. When bids are required by law, or otherwise solicited by the County, all contracts shall be awarded only to the lowest responsive responsible bidder possessing the ability to perform successfully under the terms and conditions of the contract. Consideration shall be given to contractor integrity, compliance with public policy, record of D. No Evasion. No contract may be divided to bring the cost under bid thresholds or to evade E. Contract Requirements. All contracts paid for in whole or in part with federal funds shall be inv writing. The written contract must include or incorporate by reference the provisions required under 2 C.F.R Section S 200.326 and as provided for under 2 C.F.R. Part 200, F. Contractor's Conflict of Interest. Designers, suppliers, and contractors that assist in the development or drafting of specifications, requirements, statements of work, invitation for bids or requests for proposals shall be excluded from competing for such requirements.  awarded the funds.  past performance, and financial and technical resources. any requirements under this policy or state and federal law.  Appendix II.    G. Approval and Modification. The Administrative procedures contained in this Policy are administrative and may be changed as necessary at the staff level to comply with state and  federal law. III. Procedures:  General: The administrative procedures contained within this policy are administrative and may be changed as necessary at staff level to comply with the federal Procurement Standards within this Policy. However, any policy changes must be approved by the governing body prior to The Requesting Department shall procure all contracts in accordance with the requirements of  becoming effective. this Section of the Policy.  General Procurement Standards and Procedures:  A. Necessity. Purchases must be necessary to perform the scope of work and must avoid acquisition of unnecessary or duplicative items (no stock-piling). The Requesting Department should check with the federal surplus property agency prior to buying new items when feasible and less expensive. Strategic sourcing should be considered with other departments and/or agencies who have similar needs to consolidate procurements and B. Clear Specifications. The Requesting Department will ensure that all solicitations incorporate a clear and accurate description of the technical requirements for the materials, products, or services to be procured, and shall include all other requirements which bidders must fulfill and all other factors to be used in evaluating bids or proposals. Technical Notice of Federal Funding. All bid solicitations must acknowledge the use ofi federal funding for the contract. In addition, all prospective bidders or offerors must acknowledge that funding is contingent upon compliance with all terms and conditions of the funding award. D. Compliance by Contractors. All solicitations should inform prospective contractors that they will need to comply with all applicable federal laws, regulations, executive orders, FEMA E. Fixed Price. Solicitations must state that the bidders shall submit bids on a fixed price basis and that the contract shall be awarded on this basis unless otherwise provided for in this Policy. Cost plus percentage of cost contracts are prohibited. Time and materials contracts are prohibited in most circumstances. Time and Materials (Cost-Plus) contracts will not be used unless no other form of contract is suitable and the contract includes a "Not to Exceed" amount. A Time and materials contract shall not be awarded without the express written permission of the federal agency or state pass-through agency that awarded the funds. . - Use of Brand Names. When possible, performance or functional specifications are preferred to allow for more competition leaving the determination of how to reach the required result to the contractor. Brand names may be used only when it is impractical or uneconomical to write a clear and accurate description of the requirement/s). When al brand  services to obtain better pricing.  requirements must not contain features that restrict competition.  requirements, and terms and conditions of the funding award.  2    name is listed, it is used as reference only and "or equal" must be included in the G. Lease versus Purchase. Under certain circumstances, it may be necessary to perform an analysis of lease versus purchase alternatives to determine the most economical approach. Note: This comparison is necessary for most FEMA financial assistance programs following H. Dividing Contract for M/WBE Participation. lfeconomically feasible, procurements may be divided into smaller components to allow maximum participation of small and minority businesses and women business enterprises. The procurement cannot be divided to bring the cost under bid thresholds or to evade any requirementsunder. this Policy. Documentation. Documentation must be maintained by the Requesting Department detailing the history of all procurements. The documentation should include procurement method used, contract type, basis for contractor selection, price, sources solicited, public notices, cost analysis, bid documents, addenda, amendments, contractor's responsiveness, notice of award, copies of notices to unsuccessful bidders or offerors, record of! protests or disputes, bond documents, notice to proceed, purchase order, and contract. All documentation relating to the award ofa any contract must be made available to the granting Cost Estimate. For all procurements costing $250,000 or more, the Requesting Department shall develop an estimate of the cost of the procurement prior to soliciting bids. Cost estimates may be developed by reviewing prior contract costs, online review of similar products or services, or other means by which a good faith cost estimate may be obtained. Cost estimates for construction and repair contracts may be developed by the project K. Contract Requirements. The Requesting Department must prepare a written contract incorporating the provisions referenced in Section II.C. "Contract Award" of this Policy. - Debarment. No contract shall be awarded to a contractor included on the federally debarred bidder's list. Prior to preparing the contract, the Requesting Department must M. Contractor Oversight. The Requesting Department receiving the federal funding must maintain oversight of the contract to ensure that contractor is performing in accordance N. Open Competition. Solicitations shall be prepared in a way to be fair and provide open competition. The County shall not restrict competition by imposing unreasonable requirements on bidders, including but not limited to unnecessary supplier experience, excessive or unnecessary bonding; specifying al brand name without allowing for "or equal" products, or other unnecessary requirement that have the effect of the restricting 0. Geographic Preference. No contract shall be awarded on the basis of a geographic  description.  an emergency or major disaster declaration.  agency upon request.  designer.  verify that the contractor is not on the federally debarred bidder's list.  with the contract terms, conditions, and specifications.  competition. preference.  3    P. Pre-Qualification. If time allows, contractors for construction and repair projects will be prequalified in accordance with the County's Pre-Qualification for Capital Improvement Projects. Protests for denial of prequalification will be in accordance with the pre-  qualification policy.  IV. Specific Procurement Procedures  The Requesting Department shall solicit bids in accordance with the requirements under this Section of  the Policy based on thei type and cost oft the contract.  Purchase Contracts  Service Contracts (except for A/E professional services) Construction/Repair/Faciity improvemeny/Renovation Up to Micro-purchase threshold as defined in 2C.F.R. 200.67 ($10,000):  Shall be procured using the Uniform Guidance micro-purchase" procedure (2C.F.R. 5200.320(a)  Procedures are as follows:  No bidding is required  Price must be considered fair and reasonable  To the extent practicable, purchases must be distributed among qualified suppliers Contract must be in writing (this could bei int the form of a purchase order)  Purchase Contracts $10,000 up to $90,000:  Service Contracts (except for A/E Professional Services)  Shall be procured using the Uniform Guidance 'small-purchase" procedure (2 C.F.R. 9200.320(b))  Procedures are as follows:  Cost or price analysis is NOT required prior to soliciting bids (which shall not be less than two (2) quotes) required under 2 C.F.R. $200.321  Obtain written price quotes from an adequate number of suppliers or sources Check specific grant as some agencies may require more than two (2) quotes Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as Award contract as a Fixed Price. A Not to Exceed basis is permissible for service Contract must be in writing (purchase contracts may be in the form of a purchase order; service contracts and construction repair require use of contract template) Cannot use a cooperative purchasing program as an Exception to the Bidding  contracts only where obtaining ai fixed price is not feasible. Award to lowest responsive, responsible bidder  Service Contracts ($90,000 up to $250,000) Purchase Contracts ($90,000 and above)  4    Shall be procured using a combination of the most restrictive requirements of the Uniform Guidance "Sealed Bid" procedure (2C.F.R. $200.320(c)) and state formal bidding procedures (G.S.143-129).  Procedures are as follows:  Cost or price analysis is required prior to soliciting bids Public Advertisement: (Electronic Advertising is authorized)  Complete specifications or purchase description must be available to all bidders  Legal notice must reserve to the governing board the right to reject any Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as  or all bids only for "sound documented reasons."  required under 2C.F.R. .$200.321. Solicit from adequate number of known suppliers Bids must be submitted sealed Public Bid Opening Must have two (2) sealed bids submitted  Bids may only be rejected for "sound documented reasons" contracts only where obtaining at fixed price is not feasible. Award tol lowest, responsive, responsible bidder  Award contract as a fixed-price. A Not to Exceed basis is permissible for service Contract must be in writing (purchase contracts may be in the form of a purchase order; service contracts and construction repair require use of contract template) Cannot use a cooperative purchasing program as an Exception to the Bidding Governing board approval is not required (per local policy, governing board has  delegated award authority to County Manager)  Service Contracts (except for A/E Professional Services)  $250,000 and above  Shall be procured using the Uniform Guidance 'competitive proposal" procedure (2 C.F.R. S 200.320(d)) when the "sealed bid" procedure is not appropriate for the particular type of service being sought. Note: RFP's (Competitive Proposals) can only be used when conditions are not appropriate for the use of sealed bids such as service contracts. This can be usedj for all types of contracts $150,000 and over.  Procedures are as follows for competitive proposal method:  Publicly advertised. Formal advertisement in a newspaper is not required SO long as the method of advertisement will solicit proposals from an "adequate number" of Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as Identify evaluation criteria and relative importance of each criteria (criteria weight) All responses must be considered to the maximum extent practical. Must have a written method for conducting technical evaluations of proposals and Award the contract to the responsible firm with most advantageous proposal taking  qualified firms.  Solicit from adequate number of qualified firms provided under 2 C.FR.5200.321.  in the RFP.  selecting the winning firm.  into account price and other factors identified in the RFP.  5    Governing board approval is required per local policy. Award the contract on a fixed-price or cost-reimbursement basis Must have written contract with federal contract provisions included Cannot use a cooperative purchasing program as an Exception toi the Bidding  Construction/Repair/Facilityl mprovemeny/Renovation  $10,000 up to $250,000:  Shall be procured using the Uniform Guidance "small purchase" procedure (2 C.F.R. $200.320(b))  Procedures are as follows:  Cost or price analysis is not required prior to soliciting bids, although price estimates Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as Obtain written price quotes from an adequate number of suppliers or sources  may be provided by the project designer. required under 2CFR.5200.321.  (typically means two (2) however, verify with granting agency) Award Contract on a fixed-price or not to exceed basis Award to lowest responsive, responsible bidder Governing Board approval is not required  Must have written contract with federal contract provisions included  Constuction/epalr/acly mprovemen/Renovation  $250,000 up to $500,000:  Shall be procured using the Uniform Guidance "sealed bid" procedure (2 C.FR.5200.320lc)  Procedures are as follows:  Cost or price analysis is required prior to soliciting bids (this cost estimate may be Public Advertisement: Advertise the bid solicitation fora a period of time sufficient to give bidders notice of opportunity to submit bids (formal advertisement in a newspaper is not required sO long as other means of advertising will provide sufficient notice of the opportunity to bid). The advertisement must state the date, time, and location of the public bid opening, and indicate where specifications may Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as  provided by the project designer).  Complete specifications must be made available to all bidders  be obtained  Solicit from adequate number of known suppliers required under 2 C.F.R. $200.321. Bids must be submitted sealed Public Bid Opening two (2) bid requirement  Must have two (2) sealed bids submitted prior to opening Performance and Payment Bonds for 100% of contract price Bids may only be rejected for' "sound documented reasons"  5% Bid Bond (a bid that does not contain a bid bond cannot be counted toward the  6    Contract awarded on firm-fixed price basis Award to lowest responsive, responsible bidder Governing Board approval is not required  Must have written contract withi federal contract provisions included  *Building Projects over $300,000  Note: Construction or repair contracts involving al building $300,000 and above must also include: 1. Formal HUB (historically underutilized business) participation required under G.S.: 143-128.2, including local government outreach efforts and bidder good faith efforts shall apply. 2. Separate specifications shall be drawn for the HVAC, electrical, plumbing, and general 3. The project shall be bid using a statutorily authorized bidding method separate-prime,  construction work as required under G.S. 143-128(a). single-prime, or dual bidding) as required under G.S. 143-129(a1).  construction/Repair/Faciity mprovement/Aenovation  $500,000 and above:  Shall be procured using a combination of the most restrictive requirements of the Uniform Guidance "sealed bid" procedure (2 C.F.R. S 200.320(c)) and state formal bidding procedures (G.S. 143-129)  Procedures are as follows:  Cost or price analysis is required prior to soliciting bids (this cost estimate may be Complete specifications must be made available to alll bidders Separate specifications shall be drawn for the HVAC, electrical, plumbing, and general construction work as required under G.S.143-128/a). The project shall be bid using a statutorily authorized bidding method (separate- prime, single-prime, or dual bidding) as required under G.S. 143-129(a1). Public Advertisement: (Electronic Advertising is authorized) all bids only for "sound documented reasons." Solicit from adequate number of known suppliers required under 2C.F.R. $200.321.  provided by the project designer).  Legal notice must reserve to the governing board the right to reject any or  Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as  Good Faith MBE Requrements/Afidavis must be submitted Bids must be submitted sealed and in paper form. Must have three (3) sealed bids submitted before opening Performance and Payment Bonds for 100% of contract price Bids can only be rejected for "sound documented reasons" Contract awarded on firm-fixed Price basis Award to lowest, responsive, responsible bidder Must have written contract with federal contract provisions included Governing Board approval is required (cannot be delegated)  Public Bid Opening three (3) bid requirement)  5% Bid Bond (a bid that does not contain a bid bond cannot be counted toward the  7    Governing board may reject any and all bids only for "sound documented  reasons."  Professional Services (Architectural and EngineeringServices)  Under $250,000  Shall be procured using the state Mini-Brooks Act" requirements (G.S. 143-64.31)  Procedures are as follows:  Issue al Request for Qualifications (RFQ) to: solicit qualifications from qualified firms Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as Evaluate the qualifications of respondents based on the evaluation criteria Rank respondents based on qualifications and select the best qualified firm.  Advertisement: Solicit only Newspaper is not required. Price (other than unit cost) shall not be solicited in the RFQ.  provided for under2CFR5200321. developed by the Requesting Department. State licensure requirements apply Price cannot be at factor in the evaluation. Preference may be given to in-state (but not local) firms.  Negotiate fair and reasonable compensation with the best qualified firm. If negotiations are not successful, repeat negotiations with the second-best qualified Award the contract to best qualified firm with whom fair and reasonable  firm.  compensation has been successfully negotiated. Must be a fixed price or not to exceed contract type for services Governing board approval is not required. Must have written contract with federal contract provisions included  Professional Services (Architectural and Engineering Services)  $250,000 and over 200.320(d)(5)  Shall be procured shall using the Uniform Guidance "competitive proposal" procedure (2 C.F.R. 5  Procedures are as follows:  Issue a Request for Qualifications (RFQ) to solicit qualifications from qualified firms Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as Identify the evaluation criteria and relative importance of each criteria (the criteria Proposals must be solicited from an "adequate number of qualified sources" (an individual federal grantor agency may issue guidance interpreting "adequate Must have a written method for conducting technical evaluations of proposals and  Advertisement: Solicit only- Newspaper is not required). Price (other than unit cost). shall not be solicited int the RFQ.  provided for under2 2C.FR.5200.321. weight) in the RFQ. number").  selecting the best qualified firm.  8    Consider all responses to the publicized RFQ to the maximum extent practical. Evaluate qualifications of respondents based on the evaluation criteria developed by Rank respondents based on qualifications and select the most qualified firm. Preference may be given to in-state (but not local) firms provided that granting the preference leaves an appropriate number of qualified firms to compete for the Price cannot be at factor in the initial selection of the most qualified firm. Negotiate fair and reasonable compensation with the best qualified firm. If negotiations are not successful, repeat negotiations with the second-best qualified Award the contract to best qualified firm with whom fair and reasonable  the Requesting Department  contract given the nature and size oft the project.  firm.  compensation has been successfully negotiated. State licensure requirements apply Governing board approval is not required.  Must be a fixed price or not to exceed contract type for services Must have written contract with federal contract provisions included  Note1: Geographic preference can be given (in-state) as long as there is an appropriate number of Note 2: RFQ process cannot be used for general consulting services or other services not defined by state law or PDAT Supplement, Section V-15 even if those services can be performed by an  qualified firms given the size of the project  architectural or engineering firm.  V. Exceptions  Non-competitive contracts are allowed only under the following conditions and with the written approval of the federal agency or state pass-through agency that awarded the federal funds: A. Sole Source. A contract may be awarded without competitive bidding when the item is available from only one source. The Requesting Department shall document the justification for and lack of available competition for the item. A sole source contract must be approved by the B. Public Exigency. A contract may be awarded without competitive bidding when there isap public exigency. A public exigency exists when there is an imminent or actual threat to public health, safety, and welfare, and the need for the item will not permit the delay resulting from a Inadequate Competition. A contract may be awarded without competitive bidding when competition is determined to be inadequate after attempts to solicit bids from a number of sources as required under this Policy does not result in a qualified winning bidder. D. Federal Contract. A contract may be awarded without competitive bidding when the purchase isn made from a federal contract available on the U.S. General Services Administration schedules  governing board.  competitive bidding.  of contracts.  9    E. Awarding Agency Approval. A contract may be awarded without competitive bidding with the express written authorization of the federal agency or state pass-through agency that awarded the federal funds SO long as awarding the contract without competition is consistent with state  law.  Adopted this 4th day of September, 2018.  Joseph L. Burleson, Chairman  Tyler Brummitt, Clerk to the Board  10    Stanly County Board of Commissioners  STANL) COUNTY Meeting Date: September 4, 2018  X 4A  Presenter: Michael Sandy  Materfa Le.s Saccest.  Consent Agenda Regular Agenda  Presentation Equipment: K Lectern PC* Lectern VCR Lectern DVD K Document Camera** Laptop*** *PCis equipped with' Windows XP andI Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ify you have need tou uset thel Document Camera and: zoomi into: a particular area, ifp possible please: attach: a copy oft the document with the area indicated  Please Provide a Brief Description ofyour Presentations format: Verbal only that you need toz zoom into. Al laser light is: available top pinpoint your area ofp projection. *** You can bringi ina al laptop that will allow video out to be connected at thel lectern set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED PUBLIC HEARING PLANNING AND ZONING  ZA 18-05 Oakmont Acquisitions requests the rezoning of3 31 acres of a 57 acre tract located on Buster Road, southwest ofLighthouse Road near Oakboro and a 2.93 acre tract located at 16869 Buster Road from RA(Residential Agricultural) to M2(Heavy Industrial) Tax Record #862, 10988; The Planning Board reviewed this request at its meeting on August 14, 2018 and voted  PIN 559302856210, 559304747869 unanimously to recommend approval.  Iti is requested that the Board of Commissioners hold a public hearing on this rezoning request and then approve or deny the rezoning request. Ifapproved the Board should adopt the following statement or similar as part of their motion: "This rezoning will connect with other parcels already  zoned for industrial development".  Signature: Date:  Dept. Planning Attachments:  Yes Certification of Action Certified to be ai true copy oft the action taken by the Stanly County Board of Commissioners on  No  X_  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    STANLY COUNTY Wacer Ain Lard. Saccese. PLANNING DEPARTMENT 10001 N. 1 Street, Suite 13-B Albemarle, NC 28001 704-986-3667  MEMORANDUM To: From: Date: RE:  Stanly County Board of Commissioners Michael Sandy, Planning Director, AICP, CZO  August 20, 2018 ZA 18-05 Road, Oakboro  Property located on Buster Road, southwest ofLighthouse Road, 16869 Buster  Tax Record Numbers 862, 10988 PIN 559302856210, 559304747869  ZA 18-05 Oakmont Acquisition requests the rezoning of 31 acres of a 57 acre tract located on Buster Road, southwest of] Lighthouse Road near Oakboro and a 2.93 acre tract located at 16869 Buster Road from RA(Residential Agricultural) to M2(Heavy Industrial) Tax Oakmont Acquisition requests that 31 acres ofa 57 acre tract located on Buster Road and a 2.93 acre tract located at 16869 Buster Road, Oakboro, bei rezoned to M2-F Heavy Industrial. The property is currently zoned RA - Residential Agricultural. The lots surrounding this property are also in residential and industrial districts. The remaining acreage ini the first tract is located within the Town of Oakboro'sz zoning. jurisdiction. An application is also being submitted to Oakboro requesting rezoning oftheir section to industrial. Other adjacent parcels owned by Oakmont Acquisition are already zoned for industrial purposes. These properties are currently either used for residential or agricultural purposes. An industrial facility is proposed for these parcels and the other nearby properties owned by Oakmont Acquisition. The parcel at 16869 Buster Road contains a residence and outbuildings. Buffers are required between any industrial These parcels are located in a growth area per the 2010 Stanly County Land-Use Plan. Traffic on Buster Road in this area averages 530 vehicles per day and on NC: 205 averages 1700 vehicles Planning staff recommends approval oft this request since this property is located in a growth area and would be economically beneficial to the county. The Stanly County Planning Board reviewed this rezoning request at their August 14, 2018 meeting and unanimously recommends it  Record #862, 10988; PIN 559302856210, 559304747869  or commercial property and any residential zoning.  per day according to the 2015 NCDOT traffic count.  for approval by the County Commission.    8  0  SWIFT        STANLY) COUNTY Water An Land, Saccass.  Stanly County Planning Board August 14, 2018 - Meeting Minutes  Call to Order  Chairman Robert Loflin called the meeting to order on August 14, 2018, at 7:00 p.m. in the Commons Meeting Room at 1000 NJ First Street, Albemarle, North Carolina. Bob Remsburg  served as Clerk ofthe meeting.  Chair Loflin asked Mr. Remsburg to call the roll. Stanly County Planning Board Members Attending  Terry Smith, Vice-Chair Robert Davis Robert Loflin, Jr., Chair Kevin Brickman John Eckman, III Frank Sparger Planning Board Members Absent: Ned Stallings Stanly County Planning Staff Attending Bob Remsburg, PlannerI Acquisition. May 29, 2018.  Others Present: Ronnie Burleson and Alan Love registered to speak. Several property owners and others were present. Charles Brown and Max Justice were present to represent Oakmont The Chairinvited the board to review the minutes of the previous meeting which was held on Motion: John Eckman made aj motion to approve the May 29, 2018 minutes as written.  Second: Frank Sparger seconded the motion. Action: The Board unanimously approved the motion.  Chair Loflin announced the purpose oft this meeting was to consider two requests to rezone parcels in the county and an amendment to Section 618 of the Zoning Ordinance.  The chair introduced the first case:  ZA 18-05 Oakmont Acquisition requests the rexoning of 31 acres of a 57 acre tract located on Buster Road, southwest ofLighthouse Road near Oakboro and a 2.93 acre tract located at16869 Buster Road from RA(Residential Agricultural) to M2(Heavy Industrial). Tax  Record #862, 10988; PIN 55302856210, 559304747869 . Mr. Loflin invited Mr. Remsburg to report on Case ZA 18-05.  Mr. Remsburg shared:    Oakmont Acquisition requests that 31 acres ofa5 57 acre tract located on Buster Road and a 2.93 acre tract located at 16869 Buster Road, Oakboro, be rezoned to M2 - Heavy Industrial. The property is currently zoned RA - Residential Agricultural. The lots surrounding this property are also ini residential and industrial districts. The remaining acreage in the first tract is located within the Town of Oakboro's zoning. jurisdiction. An application is also being submitted to Oakboro requesting rezoning oft their section to industrial. Other adjacent parcels owned by Oakmont Acquisition are already zoned for industrial purposes. These properties are currently either used for residential or agricultural purposes. An industrial facility is proposed for these parcels and the other nearby properties owned by Oakmont Acquisition. The parcel at 16869 These parcels are located in a growth area per the 2010 Stanly County Land-Use Plan. Traffic on Buster Road in this area averages 530 vehicles per day and on NC 205 averages 1700 vehicles Planning staff recommends approval of this request since this property is located in a growth  Buster Road contains ai residence and outbuildings.  per day according to the 2015 NCDOT traffic count. area and would be economically beneficial to the county.  Chair Loflin invited Mr. Charles Brown to speak concerning his request.  Mr. Brown used a map to illustrate the location of the project and indicate the other parcels already owned and zoned industrial by Oakmont Acquisition. These parcels were rezoned about 8-years ago. He pointed out which parcels were being rezoned and that portions of one parcel were within the Oakboro ETJ. Mr. Brown indicated that Oakmont would be requesting that Oakboro rezone their portion oft the larger tract. Oakmont may, acquire some additional property Frank Sparger asked if other tracts would be rezoned. Mr. Brown indicated that was likely, but Mr. Brown. was asked if he could share information about the proposed development with the Board. Mr. Brown introduced Max Justice, an attorney from Charlotte representing Oakmont. He answered the question by stating that this was for a potential manufacturing project. A firm The Chair invited any others to come speak in favor of the request. No one came forward.  in the future and would return to request it to be zoned for industrial use. that Oakmont had not acquired other nearby parcels at this point.  has interest ini utilizing the property.  The Chair invited any to speak against the request.  Mr. Alan Love of Oakboro came forward. Mr. Love reported that he owns adjacent land across NC205 from the property. He shared that his main concern was for the protection ofadjoining properties from run-offa and other environmental issues. Creeks and streams run through the property onto adjacent land. Silt and chemicals could create aj problem for wildlife. Buffers would be needed. Board members asked Mr. Remsburg ifb buffers would be required. Mr. Remsburg responded that wherever a commercial ori industrial use adjoins a residential use, a  buffer is required. He also shared that stream buffers are also required.  2    Charles Brown spoke and shared that Oakmont would want to do what is right and follow the ordinance requirements. They would want to be sure the environment is] protected. Mr. Love indicated that he was ok with progress, he just wants to see it done well. He was OK with the There being no further comments, Chair Loflin invited the Board members to offer a motion. Motion: Frank Sparger made a motion to recommend that the Board of County Commissioners approve the rezoning oft the 31 acres and the 2.93 acres owned by Oakmont Acquisition to M2(Heavy Industrial) because it is located in a growth area adjacent to other industrial property.  buffers.  Second: John Eckman seconded the motion. Action: The Board unanimously approved this motion.  The chair advised that the request to change the zoning on the lots will now go before the Board  ofCommissioners at their September 4, 2018 meeting at 6:001 PM.  The chair introduced the second case:  ZA 18-06 Jason T. Gallagher request the rezoning of 1.52 acres ofa 4.25 acre tract located at 40136 Old Salisbury Road, New London, from RA(Residential Agricultural) to HB(Highway Business) Tax Record #137663, PIN 663103011874 The chair requested that Mr. Remsburg present the second case, ZA18-06.  Mr. Remsburg shared:  Jason T. Gallagher requests that 1.52: acres ofl his property located at 40136 Old Salisbury Road, New London, be rezoned to HB - Highway Business. The property is currently zoned RA- Residential Agricultural. The lots surrounding this property are also in the RA District. The adjacent properties are either used for residential or agricultural purposes. Mr. Gallagher is proposing to use the 1.52 acres at the front portion ofh his property for the construction and operation ofai mini-storage facility. An occupied mobile home is located on the rear section on the property. and would remain in place. The HB district is appropriate for general retail uses This parcel is currently an open field and is located in a growth area per the 2010 Stanly County Land-Use Plan. Traffic on Old Salisbury Road in this area averages 1,200 vehicles per day Planning staff recommends approval oft this request since this property is located in a growth Chair Loflin invited Mr. Jason Gallagher, owner oft the property to speak concerning this request. Mr. Gallagher came forward and shared that he has wanted to develop a small business and has determined that a mini-storage facility would be a good use ofa a portion of his property on Old Salisbury Road. There are no storage facilities in the immediate area and this is reasonably near Pfeiffer University. He does not live on the property but leases the mobile home whichi is  included rental storage facilities.  according to the 2015 NCDOT traffic count.  area and would be economically beneficial to the county.  3    located further back from the proposed project. He would likely put in a new driveway and plans to construct a 30x80 building with 161 units. This building would be located close to the road. Board members asked whether the project would be gated or open. Mr. Gallagher stated that there would like be a fence along the front, but not likely to enclose the whole building. He was also asked ift this would bej paved or gravel. Mr. Gallagher said it would be gravel to start and may be paved later. Aj paved entrance apron will likely be required by NCI DOT. The Chair invited any others to come speak in favor oft the request. No one came forward.  The Chair invited any to speak against the request.  Mr. Ronnie Burleson, neighbor from Burris-Burleson Road came forward to oppose the request. He has farms in five counties and, as a small business owner, he is afraid that Mr. Gallagher is setting himself up for failure due to the: rural nature of the area. He considers this a spot zoning since there is no commercial zoning of any type along Old Salisbury Road from Richfield to Albemarle. Mr. Burleson thinks that this should bei in Richfield or New London. He also was concerned about the potential for folks coming to the area to break into the storage units. Jason Gallagher stated that hel hoped this'would' be a good asset to the community. That it would Bob Davis asked about how soon hel hoped to fill the units. Mr. Gallagher stated that he hoped tol having them full in 6-10 months. He believes that people will come 5-10: miles to a storage Mr. Sparger pointed out that while there are no highway business zoned properties adjacent, the property is in a growth area and it has to begin somewhere. Mr. Sparger expressed that while Mr. Burleson's concern about the viability ofthe project was admirable, it was not within our Linda Gilbert of 1228 Autumn Lane and owner of nearby property came forward and expressed her desire to keep the area residential and farmland. This would change the look oft the  be accessible to many and he feels that this is a good location.  facility.  scope ofresponsibility whether itis a successful enterprise.  neighborhood.  The Board discussed the proposal. Terry Smith expressed his concerns about the lack of fencing and feels that more planning is needed by Mr. Gallagher. Mr. Remsburg pointed out that buffering would be required between the commercial property and the residential properties. There being no further comments or discussion, Chair Loflin invited the Board members to offer Motion: Bob Davis made a motion to recommend that the Board of County Commissioners deny the rezoning request by Jason Gallagher for 1.52 acres to HB(Highway Business) because the  am motion.  project is surrounded by residential properties. Second: Kevin Brickman seconded the motion.  4    Action: The Board approved the motion recommending denial by a vote of4-2.  Mr. Remsburg advised that it was up to Mr. Gallagher whether to carry the case forward to the Commissioners. Ift the request to change the zoning on the lots goes before the Board of Commissioners it will be considered at their September 4, 2018 meeting at 6:00P PM.  The chair introduced the third item:  ZA 18-07 Section 618 SEPGS Overlay District text amendment The chair requested that Mr. Remsburg present the second case, ZA18-07.  Mr. Remsburg shared:  Following the approval of the solar project on Old Aquadale Road, County Commissioners asked the Planning Department to look at the current ordinance and consider whether adjustments should be made especially concerning the decommissioning process for SEPGS. Staffwas also concerned about setting clear expectations for the information developers are required to submit for review by the Planning Department, Planning Board and County Commissioners during the plan review and approval process. Language was updated to clarify these processes based on After research and discussion with the staffit was determined that requiring a bond for decommissioning would not be necessary. Not requiring a bond will avoid Planning Department staffhaving to keep track oft this additional paperwork and will not be a deterrent to potential developers of solar projects. Lease agreements will be required to have a decommissioning There is interest in at least two other major solar projects in the county and potential for  current standards.  component. Salvage value will likely exceed the need for a bond. expansion of at least one project which has already been approved. replace Section 618 with the new language as proposed. Second: Terry Smith seconded the motion. Action: The Board approved this motion by a unanimous vote.  Motion: Frank Sparger made a motion to recommend that the Board of County Commissioners  Adjournment  Chairl Loflin asked if there was any additional business for the meeting. Hearing none, he asked foramotion to adjourn. Kevin Brickman made the motion to adjourn with a second from Frank  Sparger. The motion was approved. The meeting was adjourned at 8:30 p.m.  Robert Loflin, Chairman  Robert Remsburg, Clerk  5    Stanly County Board of Commissioners  STANU)COUNTY Meeting Date: September 4, 2018  X HB  Presenter: Michael Sandy  Wéerfi LclBacar.  Consent Agenda Regular Agenda  Presentation Equipment: L Lectern PC* Lectern VCR Lectern DVD K Document Camera** Laptop*** *PCise equipped with Windows XP: and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity: and Network connectivity ** Ifyoul have need to use thel Document Camera and: zoomi into: a particular area, ifp possible please attach a copy of the document with the area indicated  Please Provide a Brief] Description of your Presentations format: Verbal only that you need toz zoom into. AI laser light is available to pinpoint your area of projection. *** You can bringi ina al laptop that will: allow video out to be connected at the lectern- set display to 60Mhz.  for County Employees.  ITEMTO BE CONSIDERED PUBLIC HEARING PLANNING AND ZONING  ZA 18-06 Jason T. Gallagher request the rezoning of1.52 acres of a 4.25 acre tract located at 40136 Old Salisbury Road, New London, from RA(Residential Agricultural) to HB(Highway The Planning Board reviewed this request at its meeting on August 14, 2018 and voted 4-2 to  Business) Tax Record #137663, PIN 663103011874  recommend denial.  Iti is requested that the Board of Commissioners hold a public hearing on this rezoning request and then approve or deny the rezoning request. Ifapproved the Board should adopt the following statement or similar as part of their motion: "This rezoning will allow for economic growth in an  area identified in the Land-use Plan as a growth area."  Signature: Date:  Dept. Planning Attachments:  Yes Certification of Action Certified to be at true copy oft the action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    STANLY COUNTY Waten Ain Lard. Saccesr. PLANNING DEPARTMENT 1000 N. 1" Street, Suite 13-B Albemarle, NC 28001 704-986-3667  MEMORANDUM To: From: Date: RE:  Stanly County Board of Commissioners Michael Sandy, Planning Director, AICP,  1  c2o09  August 20, 2018 ZA 18-06  Property located at 40136 Old Salisbury Rd, New London  Tax Record Number 137663 PIN 663103011874  ZA 18-06 Jason T. Gallagher requests the rezoning of1.52 acres ofa 4.25 acre tract located at 40136 Old Salisbury Road, New London, from RA(Residential Agricultural) to Jason T. Gallagher requests that 1.52 acres of his property located at 40136 Old Salisbury Road, New London, be rezoned to HB - Highway Business. Thej property is currently zoned RA- Residential Agricultural. The lots surrounding this property are also ini the RA District. The adjacent properties are either used for residential or agricultural purposes. Mr. Gallagher is proposing to use the 1.52 acres at the front portion of1 his property fort the construction and operation ofa mini-storage facility. An occupied mobile home is located on the rear section on The HB district is appropriate for general retail uses included rental storage facilities. This parcel is currently an open field and is located in a growth area per the 2010 Stanly County Land-Use Plan. Traffic on Old Salisbury Road in this area averages 1,200 vehicles per day Planning staff recommends approval oft this request since this property is located in a growth area and would be economically beneficial to the county. The Planning Board considered this request at their meeting on August 14, 2018 and voted 4-2 to recommend that the project be denied. Those against the rezoning cited the location as being in an undeveloped residential and farming. Those in favor cited the economic growth and the relative convenience to the area. Neighbors speaking were concerned about increased crime and other potential highway business  HB(Highway Business) Tax Record #137663, PIN 663103011874  the property and would remain inj place.  according to the 2015 NCDOT traffic count.  uses on the property.    E  a  L        STANLY) J0 COUNTY Water Ain Larl Saccass,.  At, 14  Stanly County Planning Board August 14, 2018 - Meeting Minutes  Call to Order  Chairman Robert Loflin called the meeting to order on August 14, 2018, at 7:00 p.m. in the Commons Meeting Room at 1000 NI First Street, Albemarle, North Carolina. Bob Remsburg  served as Clerk oft the meeting.  Chair Loflin asked Mr. Remsburg to call the roll. Stanly County Planning Board Members Attending  Terry Smith, Vice-Chair Robert Davis Robert Loflin, Jr., Chair Kevin Brickman John Eckman, III Frank Sparger Planning Board Members Absent: Ned Stallings Stanly County Planning Staff Attending Bob Remsburg, PlannerI Acquisition. May 29,2 2018.  Others Present: Ronnie Burlèson and Alan Love registered to speak. Several property owners and others were present. Charles Brown and Max Justice were present to represent Oakmont The Chairinvited the board to review the minutes oft the previous meeting which was held on Motion: John Eckman madear motion to approve the May 29, 2018 minutes as written.  Second: Frank Sparger seconded the motion. Action: The Board unanimously: approved the motion.  Chair Loflin announced the purpose oft this meeting was to consider two requests to rezone parcels in the county and an amendment to Section 618 of the Zoning Ordinance.  The chair introduced the first case:  ZA 18-05 Oakmont Acquisition requests the rexoning of3 31 acres of a 57 acre tract located on Buster Road, southwest ofLighthouse Road near Oakboro and a 2.93 acre tract located at 16869 Buster Road from RA(Residential Agricultural) to M2(Heavy Industrial). Tax  Record #862, 10988; PIN 590.35620,55930.747867 Mr. Loflin invited Mr. Remsburg to report on Case ZA 18-05.  Mr. Remsburg shared:    Oakmont Acquisition requests that 31 acres ofa 57 acre tract located on Buster Road and a 2.93 acre tract located at 16869 Buster Road, Oakboro, be rezoned to M2-Heavy Industrial. The property is currently zoned RA - Residential Agricultural. The lots surrounding this property are also in residential and industrial districts. The remaining acreage in the first tract is located within the Town of Oakboro'sz zoning. jurisdiction. An application is also being submitted to Oakboro requesting rezoning oft their section toi industrial. Other adjacent parcels owned by Oakmont Acquisition are already zoned for industrial purposes. These properties are currently either used for residential or agricultural purposes. An industrial facility is proposed for these parcels and the other nearby properties owned by Oakmont Acquisition. The parcel at 16869 These parcels are located in a growth areaj per the 2010 Stanly County Land-Use Plan. Traffic on Buster Road in this area averages 530 vehicles per day and on NC205 averages 1700 vehicles Planning staffr recommends approval oft this request since this property is located in a growth  Buster Road contains ai residence and outbuildings.  per day according to the 2015 NCDOT traffic count. area and would be economically beneficial to the county.  Chair Loflin invited Mr. Charles Brown to speak concerning his request.  Mr. Brown used a map to illustrate the location of the project and indicate the other parcels already owned and zoned industrial by Oakmont Acquisition. These parcels were rezoned about 8-years ago. He pointed out which parcéls were being rezoned and that portions of one parcel were within the Oakboro ETJ. Mr. Brown indicated that Oakmont would be requesting that Oakboro rezone their portion oft the larger tract. Oakmont may. acquire some additional property Frank Sparger asked if other tracts would be rezoned. Mr. Brown indicated that was likely, but Mr. Brown. was asked ifl hecould share information about the proposed development with the Board. Mr. Brown introduced Max Justice, an attorney from Charlotte representing Oakmont. He answered the question by stating that this was for a potential manufacturing project. Ai firm The Chair invited any. others to come speak in favor of the request. No one came forward.  in the future and would return toi request it to be-zoned for industrial use. that Oakmont had not acquired other nearby parcels at this point.  has interest in utilizing the property.  The Chair invited any to speak against the request.  Mr. Alan Love of Oakboro came forward. Mr. Love reported that he owns adjacent land across NC205 from the property. He shared that his main concern was for the protection of adjoining properties from run-off and other environmental issues. Creeks and streams run through the property onto adjacent land. Silt and chemicals could create aj problem for wildlife. Buffers would be needed. Board members asked Mr. Remsburg if buffers would be required. Mr. Remsburg responded that wherever a commercial or industrial use adjoins a residential a  buffer is required. He also shared that stream buffers are also required.  use,  2    Charles Brown spoke and shared that Oakmont would want to do what is right and follow the ordinance requirements. They would want tol be sure the environment is protected. Mr. Love indicated that he was ok with progress, hej just wants to see it done well. He was OK with the There being no: further comments, Chair Loflin invited the Board members to offer a motion. Motion: Frank Sparger made a motion to recommend that the Board of County Commissioners approve the rezoning ofthe 31 acres and the 2.93 acres owned by Oakmont Acquisition to M2(Heavy Industrial) because it is located in a growth area adjacent to other industrial property.  buffers.  Second: John Eckman seconded the motion. Action: The Board unanimously approved this motion.  The chair advised that the request to change the zoning on the lots will now go before the Board  ofCommissioners at their September 4, 2018 meeting at 6:001 PM.  The chair introduced the second case:  ZA 18-06 Jason T. Gallagher request the rezoning of 1.52 acres ofa 4.25 acre tract located at 40136 Old Salisbury Road, New London, from RA(Residential Agricultural) to HB(Highway Business) Tax Record #137663, PIN 663103011874 The chair requested that Mr, Remsburg present the second case, ZA18-06.  Mr. Remsburg shared:  Jason T. Gallagher réquests that 1.52 acres ofl his property located at 40136 Old Salisbury Road, New London, be rezoned. to HB - Highway Business. The property is currently zoned RA - Residential Agricultural. The lots surrounding this property are also ini the RA: District. The adjacent properties are either used for residential or agricultural purposes. Mr. Gallagher is proposing to use the 1.52 acres at the, front portion of! his property for the construction and operation of ai mini-storage facility. An occupied mobile home is located on the rear section on the property.and would remain in place. The HB district is appropriate for general retail uses This parcel is currêntly an open field and is located in a growth area per the 2010 Stanly County Land-Use Plan. Traffic on Old Salisbury Roadi in this area averages 1,200 vehicles per day Planning staffi recommends approval oft this request since this property is located in a growth Chair Loflin invited Mr. Jason Gallagher, owner oft the property to speak concerning this request. Mr. Gallagher came forward and shared that hel has wanted to develop a small business and has determined that ai mini-storage facility would be a good use ofaj portion ofl his property on Old Salisbury Road. There are no storage facilities in the immediate area and this is reasonably near Pfeiffer University. He does not live on the property but leases the mobile home which is  included rental storage facilities.  according to the 20151 NCDOT traffic count.  area and would be economically beneficial to the county.  3    located further back from the proposed project. He would likely put in ai new driveway and plans to construct a 30x80 building with 161 units. This building would be located close to the road. Board members asked whether the project would be gated or open. Mr. Gallagher stated that there would like be a fence along the front, but not likely to enclose the whole building. He was also asked ift this would be paved or gravel. Mr. Gallagher said it would be gravel to start and may be paved later. A paved entrance apron will likely be required by NC DOT. The Chair invited any others to come speak in favor of the request. No one came forward.  The Chair invited any to speak against the request.  Mr. Ronnie Burleson, neighbor from Burris-Burleson Road came forward to oppose the request. Hel has farms in five counties and, as a small business owner, he is afraid that Mr. Gallagher is setting himself up for failure due tot the rural nature: ofthe area. He considers this a spot zoning since therei is no commercial zoning ofa any type along Old Salisbury Road from Richfield to Albemarle. Mr. Burleson thinks that this should bei in Richfield or New London. He also was concerned about the potential for folks coming to the area to break into the storage units. Jason Gallagher stated that he hoped this would be a good asset to the community. That it would Bob Davis asked about how soon hel hoped to fill the. units. Mr: Gallagher stated that he hoped tol having them full in 6-10months. He belieyes that people will come 5-10 miles to a storage Mr. Sparger pointed out that while there are no highway business zoned properties adjacent, the property isi in a growth area and it has to begin somewhere. Mr. Sparger expressed that while Mr. Burleson' s concern about the viability oft the project was admirable, it was not within our Linda Gilbertof1228. Autumn Lane and owner ofr nearby property came forward and expressed her desire to keep the area residential and farmland. This would change the look of the  be accessible to many and he feels that this isa good location.,  facility.  scope. ofresponsbliywheher itis a successful enterprise.  neighborhood.  The Board discussed the proposal: Terry Smith expressed his concerns about the lack of fencing and feels that more planning is needed by Mr. Gallagher. Mr. Remsburg pointed out that buffering would be required between the commercial property and the residential properties. There being no further comments or discussion, Chair Loflin invited the Board members to offer Motion: Bob Davis made a motion to recommend that the Board of County Commissioners deny the rezoning request by Jason Gallagher for 1.52 acres to HB(Highway Business) because the  amotion.  project is surrounded by residential properties. Second: Kevin Brickman seconded the motion.  4    Action: The Board approved the motion recommending denial by a vote of4-2.  Mr. Remsburg advised that it was up to Mr. Gallagher whether to carry the case forward to the Commissioners. Ifthe request to change the zoning on the lots goes before the Board of Commissioners it will be considered at their September 4, 2018 meeting at 6:00 PM.  The chair introduced the third item:  ZA 18-07 Section 618 SEPGS Overlay District text amendment The chair requested that Mr. Remsburg present the second case, ZA18-07.  Mr. Remsburg shared:  Following the approval oft the solar project on Old Aquadale Road, County Commissioners asked the Planning Department to look at the current ordinance and consider whether adjustments should be made especially concerning the decommissioning process for SEPGS. Staff was also concerned about setting clear expectations for the information developers are: required to: submit for review by the Planning Department, Planning, Board and County Commissioners during the plan review and approval process. Language was updated to clarify these processes based on After research and discussion with the staffit was determined that requiring a bond for decommissioning would not be necessary. Not rèquiring a bond will avoid Planning Department staff having to keep track ofthis additional paperwork and will not: be a deterrent to potential developers ofs solar projects. Lease agreements will bei required to have a decommissioning There isi interest in at least two other major solar projects in the county and potential for  current standards.  component. Salvage value will likely exceed the need for a bond. expansion of at least one project which has already been approved. replace Section 618 with the new language as proposed. Second: Terry. Smith seconded: the motion. Action: The Board approved this motion by a unanimous vote.  Motion: Frank Sparger made a motion to recommend that the Board of County Commissioners  Adjournment  Chair Loflin asked ift there. was any additional business for the meeting. Hearing none, he asked foramotion to adjourn. Kevin Brickman made the motion to adjourn with a second from Frank  Sparger. The motion was approved. The meeting was adjourned at 8:30 p.m.  Robert Loflin, Chairman  Robert Remsburg, Clerk  5    Stanly County Board of Commissioners  STANUOCOUNTY Meeting Date: September 4, 2018  Presenter: Michael Sandy  Matr An Ld.s Saccas.  X4C  Consent Agenda' Regular Agenda  Presentation Equipment: 1 Lectern PC* Lectern VCR Lectern DVD K Document Camera** OL Laptop*** *PCise equipped with' Windows! XP: and Microsoft Office) XP (including Word, Excel, and PowerPoint), Internet connectivity and Network connectivity **I Ifyoul have need tou use the Document Camera andz zoom into aj particular area, ifp possible please attacha a copy of the document with the: area indicated  Please Provide: a Brief Description of your Presentations format: Verbal only that you need toz zoomi into. AI laser lighti is: available to pinpoint your area of projection. *** You can bringi in a laptop that will: allow video out to be connected att the lectern- set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED PUBLIC HEARING PLANNING AND ZONING  ZA1 18-07 Revised language for Solar Electric Power Generating System Overlay District, Section 618. The Planning Board reviewed this request at its meeting on August 14, 2018 and voted  unanimously to recommend approval.  Itisr requested that the Board of Commissioners hold a public hearing on this proposed  amendment and then approve or deny the text amendment.  Signature: Date:  Dept. Planning Attachments:  Yes Certification of Action Certified to be at true copy oft the action taken by the Stanly County Board of Commissioners on  No  X_  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment! Necessary  Tyler Brummitt, Clerk tot thel Board  Date    STANLY COUNTY Wacen Ain Lard, Sacces. PLANNING DEPARIMENT 1000 N. 1* Street, Suite 13-B Albemarle, NC 28001 704-986-3667  MEMORANDUM To: From: Date: RE:  Stanly County Board of Commissioners Michael Sandy, Planning Director, AICP, CZO ZA 18-07 Text Amendment - SEPGS Overlay  August 20, 2018    ZA 18-07 Section 618 SEPGS Overlay District text amendment  During the approval of the solar project on Old Aquadale Road, several Commissioners raised concerns about the decommissioning process for major Solar Electric Power Generating Systems (SEPGS) and some oft the information required from the developer for the review and approval process. Staff was also concerned about setting clear expectations for the information developers are required to submit for review by the Planning Department, Planning Board and County Attached is draft language revising Section 618 as well as a copy oft the current ordinance. At this point, the staff is not recommending requiring a bond for decommissioning. This is partly due to the length oft time oft the lease agreements and the anticipated life-span oft the SEPGS itself. Also, the bond would create added cost and effort to the developer and create the There is interest in at least two other major solar projects in the county and potential for expansion of at least one project which has already been approved. All solar development is dependent on approval by Duke Energy. We are in a good spot for the location of SEPGS because of our proximity to the dams on the Yadkin/Pee Dee with their corresponding The Planning Board met on Tuesday, August 141 to review the proposed language oft the  Commissioners during the plan review and approval process.  necessity of staff to track and maintain the files and data.  transmission lines and large tracts of relatively inexpensive land. ordinance and voted unanimously to recommend approval.    CURRENT ORDINANCE:  Section 618. Solar Power Generation System Overlay District (ZA 13-05)  618.1 Solar Energy Power Generation System  Inr recognition of the increasing growth of the installation of solar energy power generation systems across the state it is the intent of Stanly County to allow solar providers to locate solar energy power generation systems and related facilities within the County in order to provide an adequate level of services to its customers while protecting the health, safety and welfare oft the Stanly County Citizens. Solar energy power generation systems may not be compatible with other types of uses; therefore, special regulations are necessary to ensure that any adverse affects to existing and future developments are mitigated. Accordingly, the Stanly County Board of Commissioners finds that regulations related to the installation ofas solar energy power generation system, hereinafter referred to as SEPGS, are warranted and are necessary: B. Toj protect residential areas and land uses from potential adverse impacts ofa SEPGS. C. To minimize adverse visual impacts ofa SEPGS through careful design, placement, D. To accommodate the growing need for a SEPGS toj provide alternative sources of power in E. Toj promote economic development by placement ofa SEPGS in locations not to impair conventional manufacturers and industries in locations where municipal type services are 618.2. A SEPGS and related facilities are allowed only in certain districts by right, Special Use Permit, or by ai rezoning to SEPGS Overlay District. A SEPGS Overlay District rezoning must be requested in an application by the property owner for any property with a current zoning designation containing the letters ofR, M orl B. Legislative approval oft the rezoning by the Board of Commissioners is required before a zoning compliance can be issued for construction in the SEPGS Overlay District. In addition, all regulations of Section 618 shall be met before A. A minor SEPGS shall include any privately used solar system that generates up to two times the amount of power used on the same property over the course of one year, and is permitted by right in any zoning district. These shall include solar photovoltaic systems built and integrated into the primary structure or accessory to the structure. Those that are accessory to the structure shall be located in the side or rear yard of the primary use ofthe B. A major SEPGS shall be a SEPGS that does not meet the standards ofai minor SEPGS. A. Setbacks - A SEPGS shall meet the setbacks for the underlying zoning district. A SEPGS that is integrated into the primary structure shall meet the setbacks oft the primary structure. A SEPGS that is accessory to the primary structure shall be located in the side or rear of the primary structure and no closer than fifty (50) feet to the front property line or right-of-way  A. To direct the location of a SEPGS within the county.  landscape screening, and minimizing reflectivity.  the county.  or planned to be served.  the SEPGS receives final approval.  property. 618.3 Site standards  and ten (10): feet to the nearest side or rear property line    B. Power Transmission Lines to any building, structure, or utility connection shall be, to the fullest extent possible, located underground. Existing above ground utility lines shall be C. Height A ground or pole mounted SEPGS shall not exceed twenty five (25) feet in height D. A six (6) foot high fence shall be installed around the SEPGS for all major ground mounted  allowed to remain in the current location. when oriented at maximum tilt. systems to protect from damage.  618.4 Operation  A. The property owner and SEPGS operator shall remain responsible for the operation of the facility. At any time power is not generated for One Hundred Eighty (180) days, the facility and all equipment shall be removed from the site within Ninety (90) days. B. The operator of a major SEPGS shall keep and maintain adequate liability insurance for the facility and supply proof of effective liability insurance to the zoning officer on an annual C.A Any deficiencies noted shall be corrected upon receipt ofi notice from the zoning officer, either following the annual inspection or when the deficiency becomes known to the zoning  basis. officer.  618.5 Approval Requirements for Major SEPGS  A. Site Plans, drawn and stamped by al NC licensed Surveyor or Engineer, shall include the 1. Ar narrative describing the proposed SEPGS, including an overview of the project. The proposed location and dimension of all solar panels, inverters, existing and proposed structures, screening, fencing, property lines, turnout locations, ancillary equipment, transmission lines, vegetation and the location of any residences within 100: feet  following: 2.  ofthe perimeter of the facility.  3. 4. 5. 6. 7. 8. 9.  Any preexisting structures on1 the same lot and principal structures on other  properties that would affect the placement of solar panels.  Parking, fencing, and access areas. Location ofa any proposed solar access easements.  Location where wiring is brought together for inter-connection to the systems components and/or the local utility power grid, and location of disconnect switch. Standard drawings of the solar collection system components. Security fencing, a minimum of six (6) feet in height, shall be provided along the The entire perimeter oft the facility shall be screened from the adjoining properties by a ten (10): foot buffer yard. The buffer yard shall consist of nine (9) evergreen trees or shrubs per one hundred (100) linear feet, or fraction thereof; the vegetation shall comply with Section 419 oft the Stanly County Zoning Ordinance. Ifan existing residence is within 300 feet of the required buffer, the buffer shall be increased to a width of between 25 and 50 feet as determined by the Zoning Administrator based upon topography, and the amount ofvegetation required shall be twice that required in the remaining perimeter and plantings shall be staggered to create a continuous screen of at least 300 feet in length. 10. Copies ofany lease agreement and solar access easements.  entire perimeter oft the SEPGS facility.    11. Evidence that the electrical utility provider has been informed of the customers' intent toi install an interconnected, customer-owned generator (off grid systems shall be 12. Decommissioning plans that describe the anticipated life of the facility, the estimated decommissioning cost in current dollar, and the anticipated manner in which the facility will be decommissioned and the site restored to its previous or another permitted 13. Signature of the property owners, and the owners/operator of the facility, if 14. Other relevant studies, reports, certifications, and approvals as may be reasonably 15. Outside lighting shall be shielded toj prevent glare to surrounding properties and to direct light onto the system' 's premises, and shall be of sufficient intensity to ensure 16. In case of emergencies, a sign stating the system owners contact information including name, address and phone number shall be located at the entrance of the SEPGS. Typical warning signs at the entrance shall also be required. There are: no size regulations for these required signs. One optional sign is allowed that is (16) square foot or less in size and not more than ten (10): foot in height, as permitted by the underlying zoning district and 17. Inverter noise shall not exceed 40dBA, measured at any property line. This shall be tested annually by a certified professional and his/her report of findings shall be signed, 18. Annual inspection shall bej performed by the zoning officer to insure compliance with the requirements of this ordinance and an inspection fee shall be charged to the owner/operator as set outi in the official fee schedule approved by the Stanly Board of  exempt from this requirement).  use.  different than the property owners.  requested by the County to ensure compliance with this ordinance.  security to the system' s premises.  Section 418.  sealed, and submitted to the zoning officer.  County Commissioners. (ZA13-05)    PROPOSED ORDINANCE:  Section 618. Solar Power Generation System Overlay District 618.1 Solar Energy Power Generation Systems  The regulations oft the Solar Energy Power Generating Systems Overlay District (SEPGS) are memdelin:segalienefAeininewwheflesalamefselaremeg-power eneratiensystemsaesBestheimemtefsiankyCounyealiowselarpreviderste eateselaremergy-pemtiensysemsaemérelaid-eileswilhirthe-Ceumtyimerder epowaeamaiepelevfamiis-wlpaiNgeeheallksaltyand welaveofSlalyCem-salrenNeeMiaNeypsiemsmaymotle cempalbe-withotherypesefusesheefome,spesialegalatiomsareeesary-te-ensurethat myahresealiessiP-sis.ényap-Aaseninghe-Sanly Ceanty-BeardefCemmisiemets-inss-hatregulatiensremsrelaiedieiheimsiallatienef.selar energy-pewergeneraten-sysiemyhereimaterrefered-e-as-sEPGS,are-warranted-and-are B. To protect residential areas and land uses from pelemtialadveseimpacts ofa SEPGS C. To minimize adverse-visual impacts ofa-SEPGS facilities through careful design, placement, and landscape serening.amé-minimimigingrelletwiy, D. To accommodate the growing need for-a SEPGS facilities toj provide alternative sources of E. To promote economic development by placement ofa SEPGS facilities in locations not to impair conventional manufacturers and industries in locations where municipal type 618.2 A-SEPGS and related facilities are allowed only in certain districts by rightSpecial Use-Permit,or by ai rezoning to SEPGS Overlay District. A-SEPGS-Overlay-Distietrezening maberegueseinanepsayleprerAryrepetywilkacrent omingdsigaatiensemaigeefR.MerB-legialative approval of athe-rezening SEPGS Overlay District by the Board efof County Commissioners is required before a zoning compliance can be issued for construction aessPasowayDaat a major SEPGSriet. In addition, all regulations of Section 618 shall be met before the SEPGS receives final approval. A. A minor SEPGS shall include any privately used solar system that generates up to two times the amount of power used on the same property over the course ofone year, and is permitted by right in any zoning district. These shall include solar photovoltaic systems built and integrated into the primary structure or accessory to the structure. These-thatare seesasye-hesieersymsfie B. A major SEPGS shall be a SEPGS that does not meet the standards ofar minor SEPGS and may be located in a current zoning district containing the letters of R. M or B  necessary:  A. To direct the location ofe a-SEPGS facilitieswithin the county.  facilities.  power in the county. and region.  services are located or plannedte-be-served.  property  Comm assume Comm clarifier  618.3 Site standards  A. Setbacks - A minor SEPGS not integrated into or placed onto a structure shall meet the setbacks for an accessory structure in the underlying zoning district. A SEPGS that is    integrated into a eprmaty-structure shall meet the setbacks eFtmeptmatyrequred for the structure. A-SEPGS-hatisaeeesetytethepimeysinehureshallbeleeatedin-he deorearoflhepimyiuseaméaedawwhrhmf/6Aeetiesh-fomtpepery esfyiwd9A.--t SEPGS shall meet the setbacks as required by the buffer area outlined in 618.3.E. B. Power (Fransmission ILines to any building, structure, or utility connection shall be, to the fullest extent possible, located underground. Existing above ground utility lines shall be C. Height -A A ground or pole mounted SEPGS shall not exceed twenty five (25) feet in height D. Fence A six (6): foot high fence shall be installed aroumd-the-SEPGS-for all major SEPGS ground mounted systems to protect from damage and vandalism, prevent trespassing, and provide for safety and security. No fencing is required for a minor SEPGS. E.E Buffer - The entire perimeter of a major SEPGS shall be screened from the adjoining properties by a ten (10) footv wide buffer yard. The buffer yard shall consist of nine (9) evergreen trees or shrubs per one hundred (100) linear feet, or fraction thereof; the vegetation shall comply with Section 419 of the Stanly County Zoning Ordinance. Ifan existing residence is within 300 feet oft the required buffer, the buffer shall be increased toa width of between twenty-five (25)and fifty (50)feet as determined by the Zoning Administrator based upon topography and parcel shape. and the amount of vegetation required shall be twice that required in the remaining perimeter and planting shall be staggered to create a continuous screen of at least 300 feet in length. This continuous buffer length requirement may be modified by the Zoning Administrator based on F. Landscaping areas around the solar panels should be planted in native grasses ori in pollinator habitat or a combination thereof. The use of sheep or other grazing animals to  allowed to remain in the current location. when oriented at maximum tilt.  Comm exampl ground Comm safety, Comm  topography, existing vegetation and parcel shape. maintain the landscape is encouraged.  618.4 Operation  A. The preperty-ownerand major SEPGS operator shall be responsible for the operation of the facility. AlwyimeponeismsgwwdehydH9pdayae Belityanéallegupmemtaaleremeveeemeesieiiney00days: B. The operator of a major SEPGS shall keep and maintain adequate liability insurance for the facility and supply proof of effective liability insurance to the zoning officer on an annual C. Any deficiencies noted shall be corrected upon receipt of notice from the zoning officer, either following the annual inspection or when the deficiency becomes known to the zoning D.A An annual inspection shall be performed by the zoning officer to insure compliance with the requirements oft this ordinance and an inspection fee shall be charged to the major SEPGS operator as set out in the official fee schedule approved by the Stanly County  Comm  basis. officer.  Comm re: new SOL sta Comm operato  Board of Commissioners.  618.5 Approval Requirements for major SEPGS  A. A sketch plan and proposal for a major SEPGS site must include the following in order to be considered for approval by the Planning Board and the Board of County Commissioners:    1. Ar narrative describing the proposed major SEPGS including an overview ofthe  Comm Forma Forma Forma  project.  2. A plat of the property(ies) showing:  (a) The proposed location and dimension of solar panels. inverters. existing and proposed structures. fencing. property lines. turnout locations. ancillary equipment. transmission lines. vegetation, waterways and streams. the location of any residences within 300 feet oft the perimeter oft the facility, buffer areas, (b) Any preexisting structures on thes same lot and principal structures on other  boundaries and acreage of proposed major SEPGS. properties that would affect the placement ofs solar panels. (d) Location of any proposed access and utility easements.  Comm streams  (c) Parking and access areas.  3. Acopy oft the lease agreement with each property owner and any access and utility easements. Lease agreements shall have a provision that describes how the agreement may be renewed. Personal orj proprietary information may be redacted. Evidence that the electrical utility provider has been informed oft the developers intent to install an interconnected system. Any customer-owned generator (off As sample decommissioning plan which will be signed by the party responsible for decommissioning and the landowner (if different) addressing the following: (a) Decommissioning shall be completed within eighteen_8months! after (b) All non-utility owned equipment, conduits, structures, fencing, and foundations to a depth of at least three feet below grade shall be removed. (c) All fences. graveled areas and access roads shall be removed unless an agreement is presented. in writing, in which the property owner agrees for this to (d) Property shall be restored to a condition reasonably similar to its condition (e) The developer or owner of the major SEPGS facility is responsible for the Signature on "Petition for Zoning Change" of the property owners, and the owners/operator of the major SEPGS facility. if different than the property Other relevant studies. reports. certifications. information. documents and approvals as may be reasonably requested by the County to ensure compliance  Forma  4. 5.  grid systems shall be exempt from this requirement).  Comm ordinan Forma Comm decomr without Comm stufflor Forma Forma Comm Comm SEPGS Forma Comm include  power production has ceased.  remain.  prior to development oft the major SEPGS facility.  decommissioning. owners.  6. 7.  with this ordinance.  B. Final Site Plans, written, drawn and stamped by a NC licensed Surveyor or Engineer, shall be submitted to the Planning Administrator and approved prior to the major SEPGS becoming 1. A1 narrative describing the major SEPGS. including an overview oft the project. (a) The proposed location and dimension of solar panels. inverters. existing and proposed structures. fencing. property lines, turnout locations. ancillary  operational and shall include the following:  Comm  2.  A plat of the property(ies) showing:    equipment. transmission lines. vegetation, the location of any residences within 300 feet of the perimeter oft the facility. buffer areas. waterways and streams. (b)Any preexisting structures on the same lot and principal structures on other  Comm inserti it  boundaries and acreage of the major SEPGS. properties that would affect the placement of solar panels. (d) Location of any proposed access and utility easements.  (c)] Parking and access areas.  (e)I Location where wiring is brought together for inter-connection to the system components and/or the local utility power grid, and location of disconnect switch. 3. A copy of the lease agreement with each property owner and any access and utility easements. Lease agreements shall have a provision that describes how the agreement may be renewed. Personal or proprietary information may be redacted. Evidence that the electrical utility provider has established an agreement/contract with the developers to install an interconnected system. Any customer-owned generator (off grid systems shall be exempt from this requirement). Ad decommissioning plan which is signed by the party responsible for decommissioning and the landowner (if different) addressing the following: (a) Decommissioning shall be completed within 18 months after power (b) All non-utility owned equipment. conduits, structures. fencing, and foundations to a depth of at] least three feet below grade shall be removed. (C)All fences, graveled areas and access roads shall be removed unless an agreement is presented. in writing. in which the property owner agrees for this to (d) Property shall be restored to a condition reasonably similar to its condition (e) The developer or owner oft the major SEPGS facility is responsible for the Other relevant studies, reports. certifications. information. documents and approvals as may be reasonably requested by the County to ensure compliance with this onimmsel-AmammivesdeeppissSBPGS-melwimg.n Hheprepesatlesionansoharpamelinveren: isngampepasisnalEs ccaltiemsyanellaty-eg.mmisieRneegstNbmandheloeatiomef yresdeneeswihneefhepeinmeterefthe-aeliy. Any-prekistingstrsirNelresenthesemelotaméprimeipal-struehures-en tnerpreperties-tnar-wotleatettmeplacementot-selar-panels: Parking-femeing-and-aeeess-areas. aemelwypepesisaseseseNs,  Comm Arguab Comm "the"  4. 5.  production has ceased or leases have expired.  remain.  prior to development of the SEPGS.  Comm referent Forma Comm Forma Comm include  decommissioning  6.  veriewefthepejeet:  77. Standard drawings oft the solar collection system components. along the entire perimeter of the major SEPGS facility.  88. Security fencing, ai minimum of six (6) feet in height, shall be provided 99. theentrepermeteroFthefaelityshal-sesersee-em-he-adjeining prepetiesbyaie0/bohaiferye-Thehaferyenahalkemsistefnine9) vergreen-trees-ersershrubsperome-numdre00-limnearleet,erfaeten-thereef-the  Forma Comm    vegetationshalempkSasm49efleSumlyCamyingOndimmee. Farewistingresideneeseiswilin3Oevteseflherepuineuler:thebifershal elmataMahaflwwtelaZamig Asssrhamwppei--gsiampinl kewietMipistiwdemersieramigimiagalle dsiaseNaeAaimphinsulain of the required buffer vegetation or a bond established fori installation oft the buffer 10. epesoFanyeasesgreeNatselrelaraeesseasements: 11. Edmselha-hesheutriealywewimemedefle teiwaiw-----pe4  ino order to plant in an appropriate season.  MtmsaNPtiwtgirme.  12. baemmbsiominepiashawlafle-asis-e simaridecommisieningwtnswdalaraie-erwinwhiehile #dwaiwneais 13. SgrvefhepvpatyewwwPe-aiis-if 14. OMssiPasle, -105. Outside lighting shall be shielded to prevent glare to surrounding properties and to direct light onto the major SEPGSsystem's premises, and shall be of sufficient intensity to ensure security to the system' s premises. -116. Inc case ofemergencies, a sign stating the system owners contact information including name, address and phone number shall be located at the entrance of the major SEPGS. Typical warning signs at the entrance shall also be required. ----d ayst4w-w--ade9 taigpmihwtauisemiSwsia-i. -12. Aletter ofcertification from a certified professionalengineer. indicating that iinverter noise shall not exceed 40dBA, measured at any property line. This k-lyysew:Mpwaffaing 18. Aahpstimaallepatisewiswewpine eessfA.aeaptede owneepesierasseteuseuiseaatResahaluepewaby-h-Siamly-Beardof  use.  #erentthan-thepreperty-ewmers.  RsRsytaeCeumyPeesPiewirlisenlinane:  Forma Comm defined used in:  Comm Probabl  wri  CounyCemimisienes:    PROPOSED ORDINANCE:  Section 618. Solar Power Generation System Overlay District 618.1 Solar Energy Power Generation Systems  The regulations oft the Solar Energy Power Generating Systems Overlay District (SEPGS) are  intended:  A. To direct the location of SEPGS facilities within the county. B. Toj protect residential areas and land uses from impacts of SEPGS facilities. C. To minimize visual impacts of SEPGS facilities through careful design, placement, and D. To accommodate the growing need for SEPGS facilities toj provide alternative sources of E. Top promote economic development by placement of SEPGS facilities in locations not to impair conventional manufacturers and industries in locations where municipal type 618.2 SEPGS and related facilities are allowed only in certain districts by right or by a rezoning to SEPGS Overlay District. Legislative approval ofa SEPGS Overlay District by the Board of County Commissioners is required before a zoning compliance can be issued for construction of a major SEPGS. In addition, all: regulations of Section 618 shall be met before A. A minor SEPGS shall include any privately used solar system that generates upi to two times the amount of power used on the same property over the course of one year, and is permitted by right in any zoning district. These shall include solar photovoltaic systems built and integrated into the primary structure or accessory to the structure. B. A major SEPGS shall be a SEPGS that does not meet the standards ofa minor SEPGS and may be located in a current zoning district containing the letters ofR R, M or B  landscape screening. power ini the county and region. services are located or planned.  the SEPGS receives final approval.  618.3 Site standards  A. Setbacks - A minor SEPGS not integrated into or placed onto a structure shall meet the setbacks for an accessory structure in the underlying zoning district. A SEPGS that is integrated into a structure shall meet the setbacks required for the structure. A major SEPGS shall meet the setbacks as required by the buffer area outlined in 618.3.E. B. Power transmission lines to any building, structure, or utility connection shall be, to the fullest extent possible, located underground. Existing above ground utility lines shall be C. Height - A ground or pole mounted SEPGS shall not exceed twenty five (25) feet in height D. Fence A six (6) foot high fence shall be installed for all: major SEPGS ground mounted systems toj protect from damage and vandalism, prevent trespassing, and provide for safety E.E Buffer- The entire perimeter of a major SEPGS shall be screened from the adjoining properties by ai ten (10) foot wide buffer yard. The buffer yard shall consist of nine (9) evergreen trees or shrubs per one hundred (100) linear feet, or fraction thereof; the vegetation shall comply with Section 419 ofthe Stanly County Zoning Ordinance. Ifan  allowed to remain in the current location. when oriented at maximum tilt.  and security. No fencing is required for a minor SEPGS.    existing residence is within 300 feet oft the required buffer, the buffer shall be increased to a width of between twenty-five (25) and fifty (50) feet as determined by the Zoning Administrator based upon topography and parcel shape, and the amount of vegetation required shall be twice that required int the remaining perimeter and planting shall be staggered to create a continuous screen of at least 300 feet in length. This continuous buffer length requirement may be modified by the Zoning Administrator based on F. Landscaping - areas around the solar panels should bej planted in native grasses ori in pollinator habitat or a combination thereof. The use ofs sheep or other grazing animals to  topography, existing vegetation and parcel shape. maintain the landscape is encouraged.  618.4 Operation  A. The major SEPGS operator shall be responsible for the operation oft the facility. B. The operator of a major SEPGS shall keep and maintain adequate liability insurance for the facility and supply proof ofe effective liability insurance to the zoning officer on an annual C. Any deficiencies noted shall be corrected upon receipt of notice from the zoning officer, either following the annual inspection or when the deficiency becomes known to the zoning D. An annual inspection shall be performed by the zoning officer to insure compliance with the requirements of this ordinance and an inspection fee shall be charged to the major SEPGS operator as set out in the official fee schedule approved by the Stanly County  basis. officer.  Board of Commissioners.  618.5 Approval Requirements for major SEPGS  A.As sketch plan and proposal for ai major SEPGS site must include the following in order to be considered for approval by the Planning Board and the Board of County Commissioners:  1.  A narrative describing the proposed major SEPGS, including an overview of the (a) The proposed location and dimension of solar panels, inverters, existing and proposed structures, fencing, property lines, turnout locations, ancillary equipment, transmission lines, vegetation, waterways and streams, the location of any residences within 300 feet of the perimeter of the facility, buffer areas, (b). Any preexisting structures on the same lot and principal structures on other  project.  2. Aj plat oft the property(ies) showing:  boundaries and acreage of proposed major SEPGS. properties that would affect the placement of solar panels. (d) Location of any proposed access and utility easements.  (C) Parking and access areas.  3. A copy oft the lease agreement with each property owner and any access and utility easements. Lease agreements shall have aj provision that describes how the agreement may be renewed. Personal or proprietary information may be redacted. Evidence that the electrical utility provider has been informed oft the developers intent to install an interconnected system. Any customer-owned generator (off  4.  grid systems shall be exempt from this requirement).    5.  As sample decommissioning plan which will be signed by the party responsible for decommissioning and thel landowner (if different) addressing the following: (a) Decommissioning shall be completed within eighteen (18) months after (b) All non-utility owned equipment, conduits, structures, fencing, and foundations to a depth of at least three feet below grade shall be removed. (c) All fences, graveled areas and access roads shall be removed unless an agreement is presented, in writing, in which the property owner agrees for this to (d) Property shall be restored to a condition reasonably similar to its condition (e) The developer or owner oft the major SEPGS facility is responsible for the Signature on "Petition for Zoning Change" oft the property owners, and the owners/operator of the major SEPGS facility, ifd different than the property Other relevant studies, reports, certifications, information, documents and approvals as may be reasonably requested by the County to ensure compliance  power production has ceased.  remain.  prior to development oft the major SEPGS facility.  decommissioning. owners.  6. 7.  with this ordinance.  B. Final Site Plans, written, drawn and stamped by al NC licensed Surveyor or Engineer, shall be submitted to the Planning Administrator and approved prior to the major SEPGS becoming 1. A narrative describing the major SEPGS, including an overview oft the project. (a) The proposed location and dimension of solar panels, inverters, existing and proposed structures, fencing, property lines, turnout locations, ancillary equipment, transmission lines, vegetation, the location ofa any residences within 300: feet ofthe perimeter oft the facility, buffer areas, waterways and streams, (b). Any preexisting structures on the same lot and principal structures on other  operational and shall include the following:  2.  A plat oft the property(ies) showing:  boundaries and acreage of the major SEPGS.  properties that would affect the placement of solar panels. (d)Location of any proposed access and utility easements.  (c) Parking and access areas.  (e) Location where wiring is brought together for inter-connection to the system components and/or the local utility power grid, and location of disconnect switch. A copy oft the lease agreement with each property owner and any access and utility easements. Lease agreements shall have aj provision that describes how the agreement may be renewed. Personal or proprietary information may be redacted. Evidence that the electrical utility provider has established an agreement/contract with the developers to install an interconnected system. Any customer-owned generator (off grid systems shall be exempt from this requirement). Ad decommissioning plan which is signed by the party responsible for decommissioning and the landowner (if different) addressing the following: (a) Decommissioning shall be completed within 18 months after power  3. 4. 5.  production! has ceased or leases have expired.    (b) All non-utility owned equipment, conduits, structures, fencing, and foundations to a depth of at least three feet below grade shall be removed. (c) All fences, graveled areas and access roads shall be removed unless an agreement is presented, in writing, in which the property owner agrees for this to (d) Property shall be restored to a condition reasonably similar to its condition (e) The developer or owner of the major SEPGS facility is responsible for the Other relevant studies, reports, certifications, information, documents and approvals as may be reasonably requested by the County to ensure compliance Standard drawings oft the solar collection system components. Security fencing, a minimum of six (6) feet in height, shall bej provided along the entire perimeter oft the major SEPGS facility. Installation oft the required buffer vegetation or a bond established for installation of the buffer in order to plant in an appropriate season. 10. Outside lighting shall be shielded toj prevent glare to surrounding properties and to direct light onto the major SEPGS premises, and shall be ofs sufficient intensity to ensure security to the system's premises. 11. In case ofe emergencies, a sign stating thes system owners contact information including name, address and phone number shall be located at the entrance oft the major SEPGS. Typical warning signs at the entrance shall also be required. 12. A letter of certification from a certified professional engineer indicating that inverter noise shall not exceed 40dBA, measured at any property line.  remain.  prior to development oft the SEPGS.  decommissioning. with this ordinance.  6. 7. 8. 9.    STANLY) 00 COUNTY Mater Ain Lae, Saccasr.  Ans  Stanly County Planning Board August 14, 2018 - Meeting Minutes  Call to Order  Chairman Robert Loflin called the meeting to order on August 14, 2018, at 7:00 p.m. in the Commons Meeting Room at 1000 N First Street, Albemarle, North Carolina. Bob Remsburg  served as Clerk oft the meeting.  Chair Loflin asked Mr. Remsburg to call the roll. Stanly County Planning Board Members Attending  Terry Smith, Vice-Chair Robert Davis Robert Loflin, Jr., Chair Kevin Brickman John Eckman, III Frank Sparger Planning Board Members Absent: Ned Stallings Stanly County Planning Staff Attending Bob Remsburg, PlannerI Acquisition. May 29, 2018.  Others Present: Ronnie Burlèson and Alan Love registered to speak. Several property owners and others were present. Charles Brown and Max Justice were present to: represent Oakmont The Chair.invited the board to review the minutes of the previous meeting which was held on Motion: John Eckman made a motion to approve the May 29, 2018 minutes as written.  Second: Frank Sparger seconded the motion. Action: The Board unanimously: approved the motion.  Chair Loflin announced the purpose oft this meeting was to consider two requests to rezone parcels in the county and an amendment to Section 618 oft the Zoning Ordinance.  The chair introduced the first case:  ZA: 18-05 Oakmont Acquisition requests the rexoning of 31 acres of a 57 acre tract located on Buster Road, southwest of Lighthouse Road near Oakboro and a 2.93 acre tract located at 16869 Buster Road from RA(Residential Agricultural) to M2(Heavy Industrial). Tax  Record #862, 10988; PIN 5302856210,559304747869 Mr. Loflin invited Mr. Remsburg to report on Case ZA 18-05.  Mr. Remsburg shared:  1    Oakmont Acquisition requests that 31 acres ofa 57 acre tract located on Buster Road and a 2.93 acre tract located at 16869 Buster Road, Oakboro, be rezoned to M2-Heavy Industrial. The property is currently zoned RA - Residential Agricultural. The lots surrounding this property are also ini residential and industrial districts. The remaining acreage in the first tract is located within the Town ofOakboro's zoning, jurisdiction. An application is also being submitted to Oakboro requesting rezoning oft their section to industrial. Other adjacent parcels owned by Oakmont Acquisition are already zoned fori industrial purposes. These properties are currently either used for residential or agricultural purposes. An industrial facility is proposed for these parcels and the other nearby properties owned by Oakmont Acquisition. Thej parcel at 16869 These parcels are located in a growth area per the 2010 Stanly County Land-Use Plan. Traffic on Buster Road in this area averages 530 vehicles per day and on NC 205 averages 1700 vehicles Planning staff recommends approval of this request since this property is located in a growth  Buster Road contains aj residence and outbuildings.  per day according to the 2015 NCDOT traffic count. area and would be economically beneficial to the county.  Chair Loflin invited Mr. Charles Brown to speak concerning his request.  Mr. Brown used a map to illustrate the location of the project and indicate the other parcels already owned and zoned industrial by Oakmont Acquisition. These parcels were rezoned about 8-years ago. He pointed out which parcels were being rezoned and that portions of one parcel were within the Oakboro ETJ. Mr. Brown indicated that Oakmont would be requesting that Oakboro rezone their portion oft the larger tract. Oakmont may. acquire some additional property Frank Sparger asked if other tracts would be rezoned. Mr. Brown indicated that was. likely, but Mr. Brown. was asked ift he could share information about the proposed development with the Board. Mr. Brown introduced Max Justice, an attorney from Charlotte representing Oakmont. He answered the question by stating that this was for a potential manufacturing project. A firm The Chair invited any. others to come speak in favor of the request. No one came forward.  int the future and would return to request it tol be zoned for industrial use. that Oakmont had not acquired other nearby parcels at this point.  has interest in utilizing the property.  The Chair invited any to speak against the request.  Mr. Alan Love ofOakboro came forward. Mr. Love reported that he owns adjacent land across NC: 205 from the property. He shared that his main concern was for the protection ofa adjoining properties from run-off and other environmental issues. Creeks and streams run through the property onto adjacent land. Silt and chemicals could create a problem for wildlife. Buffers would be needed. Board members asked Mr. Remsburg ifbuffers would be required. Mr. Remsburg responded that wherever a commercial ori industrial use adjoins ai residential use, a  buffer is required. He also shared that stream buffers are also required.  2    Charles Brown spoke and shared that Oakmont would want to do what is right and follow the ordinance requirements. They would want to be sure the environment is protected. Mr. Love indicated that he was ok with progress, he just wants to see it done well. He was OK with the There being no further comments, Chair Loflin invited the Board members to offerar motion. Motion: Frank Sparger made a motion to recommend that the Board of County Commissioners approve the rezoning oft the 31 acres and the 2.93 acres owned by Oakmont Acquisition to M2(Heavy Industrial) because it is located in a growth area adjacent to other industrial property.  buffers.  Second: John Eckman seconded the motion. Action: The Board unanimously approved this motion.  The chair advised that the request to change the zoning on the lots will now go before the Board  ofCommissioners at their September 4, 2018 meeting at 6:00 PM.  The chair introduced the second case:  ZA 18-06 Jason T. Gallagher request the rezoning of1 1.52 acres of a 4.25 acre tract located at 40136 Old Salisbury Road, New London, from RAResidential Agricultural) to HB(Highway Business) Tax Record #137663, PIN 663103011874 The chair requested that Mr. Remsburg present the second case, ZA18-06.  Mr. Remsburg shared:  Jason T. Gallagher requests that 1.52: acres ofh his property located at 40136 Old Salisbury Road, New London, be rezoned. to HB - Highway Business. The property is currently zoned RA- Residential Agricultural. The lots surrounding this property are also in the RA District. The adjacent properties are either used for residential or agricultural purposes. Mr. Gallagher is proposing to use the 1.52 àcres at the, front portion of his property for the construction and operation. of a mini-storage facility. An occupied mobile home is located on the rear section on the property: and would remain in place. The HB district is appropriate for general retail uses This parcel is currently an open field and is located in a growth area per the 2010 Stanly County Land-Use Plan. Traffic on Old Salisbury Road in this area averages 1,200 vehicles per day Planning staff recommends approval ofthis request since this property is located in a growth Chair Loflin invited Mr. Jason Gallagher, owner oft the property to speak concerning this request. Mr. Gallagher came forward and shared that he has wanted to develop a small business and has determined that ai mini-storage facility would be a good use ofaj portion ofhis property on Old Salisbury Road. There are no storage facilities in the immediate area and this is reasonably near Pfeiffer University. He does not live on the property but leases the mobile home which is  included rental storage facilities.  according to the 2015 NCDOT traffic count.  area and would be economically beneficial to the county.  3    located further back from the proposed project. He would likely put in a new driveway and plans to construct a 30x80 building with 16 units. This building would be located close to the road. Board members asked whether the project would be gated or open. Mr. Gallagher stated that there would like be ai fence along the front, but not likely to enclose the whole building. He was also asked ift this would be paved or gravel. Mr. Gallagher said it would be gravel to start and may bej paved later. A paved entrance apron will likely be required by NCI DOT. The Chair invited any others to come speak in favor oft the request. No one came forward.  The Chair invited any to speak against the request.  Mr. Ronnie Burleson, neighbor from Burris-Burleson Road came forward to oppose the request. He has farms in five counties and, as a small business owner, he is afraid that Mr. Gallagher is setting himself up for failure due to the rural nature ofthe area. He considers this a spot zoning since there is no commercial zoning of any type along Old Salisbury Road from Richfield to Albemarle. Mr. Burleson thinks that this should be in Richfield orl New London. He also was concerned about the potential for folks coming to the area to break into the storage units. Jason Gallagher stated that he hoped thiswould be a good asset to the community. That it would Bob Davis asked about how soon he hoped to fill the. units. Mr: Gallagher stated that he hoped tol having them fulli in 6-103 months. He believes that people will come 5-10: miles to a storage Mr. Sparger pointed out that while there are no highway business zoned properties adjacent, the property is in a growth area and it has to begin somewhere. Mr. Sparger expressed that while Mr. Burleson's concern about the viability ofthe project was admirable, it was not within our Linda Gilbert of 1228 Autumn Lane and owner of nearby property came forward and expressed her desire tol keep, the area residential and farmland. This would change the look oft the  be accessible to many and he feels that this is. a good location.,  facility.  scope ofrsponsibilivywighet: iti is a successful enterprise.  neighborhood.  The Board discussed the proposal. Terry Smith expressed his concerns about the lack of fencing and feels that more planning is needed by Mr. Gallagher. Mr. Remsburg pointed out that buffering would be required between the commercial property and the residential properties. There being no further comments or discussion, Chair Loflin invited the Board members to offer Motion: Bob Davis made a motion to recommend that the Board of County Commissioners deny the rezoning request by. Jason Gallagher for 1.52 acres tol HB(Highway Business) because the  an motion.  project is surrounded by residential properties. Second: Kevin Brickman seconded the motion.  4    Action: The Board approved the motion recommending denial by a vote of4-2.  Mr. Remsburg advised that it was up tol Mr. Gallagher whether to carry the case forward to the Commissioners. Ifthe request to change the zoning on the lots goes before the Board of Commissioners it will be considered at their September 4, 2018 meeting at 6:001 PM.  The chair introduced the third item:  ZA 18-07 Section 618 SEPGS Overlay District text amendment The chair requested that Mr. Remsburg present the second case, ZA18-07.  Mr. Remsburg shared:  Following the approval of the solar project on Old Aquadale Road, County Commissioners asked the Planning Department to look at the current ordinance and consider whether adjustments should be made especially concerning the decommissioning process for SEPGS. Staff was also concerned about setting clear expectations for the information developers are required to submit for review by the Planning Department, Planning Board and County Commissioners during the plan review and approval process. Language was updated to clarify these processes based on After research and discussion with the staff it was determined that requiring al bond for decommissioning would not be necessary Not requiring a bond will avoid Planning Department staff! having tol keep track of this additional paperwork and will not be a deterrent toj potential developers ofs solar projects. Lease agreements will bei required to have a decommissioning There is interest in at least two other major solar projects ini the county and potential for Motion: Frank Sparger made a motion to recommend that the Board of County Commissioners  current standards.  component. Salvage value will likely exceed the need for a bond. expansion of at least one project which has already been approved. replace Section 618 with ther new language as proposed. Second: Terry Smith seconded the motion. Action: The Board approved this motion' by a unanimous vote.  Adjournment  Chair Loflin asked ift there was any additional business for the meeting. Hearing none, he asked for a motion to adjourn. Kevin Brickman made the motion to adjourn with a second from Frank  Sparger. The motion was approved. The meeting was adjourned at 8:30 p.m.  Robert Loflin, Chairman  Robert Remsburg, Clerk  5    Revised 10/19/2007  Stanly County Board of Commissioners  STANIY) COUNTY Meeting Date Matr An Lurs Sacaer. Presenter:  September 4, 2018 AndyLucas.Countyl Manager ITEM TO BE CONSIDERED  5A  Consent Agenda Regular Agenda  Public Hearing - Economic Development Incentive Grant  The County is proposing an eight (8) year property tax incentive grant for the expansion of an existing The project will lead to the overall investment of $4.26 million and the creation of at least 44: new jobs.  manufacturing company located in Albemarle. The grant amount will be 75%.  1. Hold public hearing  2. Approve aj property tax incentive grant for a period of eight (8) years associated with the  investment of $4.26 million and the creation ofa at least 44 new jobs.  Dept Economic Development Attachments:  Signature: Date:  0872972018  Yes  X No  Review Process  Approved Yes No Initials  Certification of Action Certified to be a true copy of the action taken byt the Stanly County Board of Commissioners on  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to thel Board  Date    Revised 10/19/2007  Stanly County Board of Commissioners  STANL) COUNTY Meeting Date latr An Lanls Saccuet. Presenter:  September 4, 2018 AndyI Lucas, County Manager ITEMTO BE CONSIDERED  5B  Consent Agenda Regular Agenda  Public Hearing - Economic Development Incentive Grant  The County is] proposing a five (5)year property tax incentive grant for the expansion of an existing Thej project will lead to the overall investment of $1.3 million and the creation of at least 5 new jobs.  manufacturing company located in Albemarle. The grant amount will be 35%.  1. Hold public hearing  2. Approve aj property tax incentive grant for a period of five (5); years associated with the  investment of$ $1.3: million and the creation of at least 5 newj jobs.  Dept Economic Development  Signature: Date:  0872972018  Attachments:  Yes Certification of Action Certified to be at true copy oft the action taken by the Stanly County Board of Commissioners on  X No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    Revised 10/19/2007  Stanly County Board of Commissioners  STANL) COUNTY Meeting Date Matr Aa Lart Saccct. Presenter:  September 4, 2018 Andy Lucas, County Manager ITEM TO BE CONSIDERED  5L  Consent Agenda Regular Agenda  EDC Project Management- = Budget Amendment & Contract  The EDC: is currently coordinating with the EDPNC on a potential transformative project named Project Blue Sky. Given the size, complexity and competitive nature oft this active project, it is recommended the County appropriate additional funds to contract with a qualified and experienced firm or professional Staffi issued an RFP in mid-August for the aforementioned services, and it is anticipated at least three (3) firms will respond. Based on existing market rates for this level of economic development experience, staff stipulated a not to exceed budget amount ofs $125,000 for the remainder ofFY2018-2019. Asi information, staff plans to seek additional Board support and the necessary funding for a registered lobbyist to assist with securing discretionary grant funding for Project Blue Sky after the 2018 general  toj provide the necessary project management.  election.  1. Review and consider approval of budget amendment # 2019-12.  2. Authorize stafft to execute a contract with a selected economic development firm or professional  forar not to exceed budget amount of$125,000.  Signature: Date:  Andy Lucas 8/29/2018  Dept Economic Development Attachments:  X Yes Certification of Action Certified to be at true copy oft the action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    Revised 07/07/2003  AMENDMENTI NO: 2019-12  STANLY COUNTY-BUDGET AMENDMENT  BE IT ORDAINED byt the Stanly County Board of Commissioners that the following amendment be made  tot the annual budget ordinance for the fiscal year ending June 30, 2019: To amend the General Fund 110, the expenditures are to be changed as follows:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 40,000 $ 125,000 $ 165,000  FUND/DEPART ACCOUNT NUMBER 110.4902  ACCOUNT DESCRIPTION  AS  NUMBER  190.000 Professional Services  TOTALS  $ 40,000 $ 125,000 $ 165,000  This budget amendment is justified as follows:  Toa appropriate funds to contract with a consultant to provide project management services for an economic This willr result in a net increase $ 125,000 in expenditures and other financial use tot the County's annual budget. To provide the additional revenue for the above, the following revenues will be increased. These revenues have already been received or are verified they will be received int this fiscal year.  development project.  CURRENT BUDGETED INCREASE AMOUNT  FUND/DEPART ACCOUNT NUMBER 110.3991  ACCOUNT DESCRIPTION  AS  NUMBER  (DECREASE) AMENDED  990.000 Fund Balance Appropriated $ 2,609,114 $ 125,000 $ 2,734,114  TOTALS  2,609,114 $ 125,000 $ 2,734,114  SECTION:2. Copies of this amendment shall be furnished tot the Clerk of the Board of Commissioners,  Budget Officer, andt to the Finance Director.  Adopted this_  day of  20_  Verified by the Clerk of the Board Reviewèdby Department Head ELa  Date 8-39-12 Date Date  Posted by Journal No. Date  Reviewed by County Manager  8/29/2018 2:07 PM  BA2019-12    Revised 10/19/2007  Stanly County Board of Commissioners  STANLV) COUNTY Meeting Date Water Ank LaclSacer. Presenter:  September 4, 2018 Andy Lucas, County Manager ITEM TOI BE CONSIDERED  5D  Consent Agenda Regular Agenda  EDC Board Appointments  Five (5) ofthe existing EDC Board member's terms expired in early August 2018. Attached please find  al list oft those with expired terms and multiple applications for consideration.  Consider and approve the appointment or re-appointment of five (5) individuals representing business or  industry from the 5 election districts in Stanly County to serve on the EDC Board.  tth 8/29/2018  Dept EDC Attachments:  Signature: Date  X Yes Certification of Action Certified tol be a true copy oft the action taken byt the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    Revised 10/19/2007  Stanly County Board ofCommissioners  STANU)COUNTY Meeting Date Matrfa Lasl Sacer, Presenter:  September 4, 2018 Andy Lucas, County Manager ITEM TO BE CONSIDERED  Consent Agenda Regular Agenda  Public Hearing and Resolution - No Wake Zone Designation in the Area of Randalls Ferry Road Attached please find the notice of public hearing which was placed in the Stanly News and Press on Tuesday, August 21, 2018 and a proposed resolution of support for the aforementioned no wake zone.  and Talon Court  1. Hold public hearing  2. Review and consider approval oft the resolution in support of an application to the NC Wildlife  Resources Commission for ai no-wake designation  Signature: Date:  Andy Lucas 8/29/2018  Dept Central Administration Attachments:  X Yes Certification of Action Certified to be at true copy of the action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment: Necessary  Tyler Brummitt, Clerk to the Board  Date    Stanly County Notice of Public Hearing  Notice is hereby given the Stanly County Board of Commissioners will hold a public hearing on Tuesday, September 4, 2018 at 6:00 PM at the Stanly County Commons Meeting Room located at 1000 North The purpose for this hearingi is to receive public comment concerning the submittal of an application to the North Carolina Wildlife Resources Commission to request the cove area adjacent to Talon Court and Randall's Ferry Road be designated as al No-Wake Zone. All interested persons are invited to attend. Please contact the Clerk's Office at (704) 986-3600 or at 1000 North First Street, Suite 10A, Albemarle, North Carolina, for special accommodations related to this request at least 48 hours prior to the hearing. Please publish the above notice in the non-legal section with al black border as a display ad on  First Street, Albemarle, North Carolina.  Tuesday, August 21, 2018.  Please mail the bill and affidavit to: Stanly County  1000 N. First Street, Suite 10 Albemarle, NC: 28001 Attn: Tyler Brummitt    North Carolina County of Stanly  RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF STANLY COUNTY  WHEREAS, under the authority of North Carolina General Statutes! Section 75A-15(a) any subdivision oft the State of North Carolina may at any time, after public notice, make formal application to the North Carolina Wildlife Resources Commission for special rules and regulations with reference to the safe and reasonable WHEREAS, Stanly County has given public notice ofi its intentions to make formal application to the North Carolina Wildlife Resources Commission for special rules and regulations with reference to the safe and reasonable operation of vessels on Lake Tillery within its territorial limits of Stanly County and for the implementation oft the Uniform Waterway Marker System in all the waters ofthe county; and BEI ITI RESOLVED, thati in accordance with N.C.G.S. 75A-15(a), the Board ofCommissioners of Stanly County requests the North. Carolina Wildlife Resources Commission to promulgate special rules and regulations with reference to: safe and reasonable operation ofvessels on the waters of Lake Tillery located in said county, the  operation of vessels on any water within its territorial limits; and  pertinent. substance ofv which proposed rulesi is as follows:  AI no wake zone designation for the cove and canal area directly adjacent to Randalls! Ferry Road and  Talon Court (Eagle Point Subdivision)  BEI ITI FURTHER RESOLVED, the said Board of Commissioners requests the said Commission promulgate regulations fully implementing the Uniform Waterway Marker System in all ofthe waters of the said county.  ADOPTED THIS' THE: 4th DAY OF SEPTEMBER.2018  Joseph L. Burleson, Chairman Stanly County Board of Commissioners  CERTIFICATION  This is to certify the above is a true and exact copy of the resolution adopted by the Stanly County Board of Commissioners at the regular meeting heldi in the Commissioner's Meeting Room located at 1000 N. First Street, Albemarle, NC: 28001 on Tuesday, September 4, 2018. This same appears in  Minute Book Number. (County Seal)  at page.  ATTEST:  Tyler Brummitt, Clerk to the Board    TalonCourt  Randel/Church  QuickStanNursery  Desired Buoy Location Lat=35.262684 Long: E-80.100692    Revised 10/19/2007  Stanly County Board of Commissioners  STANL)COUNTY Meeting Date  September 4, 2018 AndyI Lucas, County Manager ITEMTOI BE CONSIDERED  Witnd dhlan Scer.  Consent Agenda Regular Agenda  Presenter:  Criteria to Use Design-Build Construction Delivery Method for EMS Base & Vehicle Fueling Site Per NC General Statute 143-128.1A, the County must establish criteria to justify and utilize the design- build delivery method of construction contracts. Attached please find the proposed criteria.  Review and adopt the proposed criteria to utilize a design-build construction delivery method for  the construction of a new EMS base and vehicle fueling station.  Dept: Central Administration Attachments: X yes  Date: 09/04/2018  no  Review Process  Approved Yes No Initials  Certification of Action Certified to be a true copy oft the action taken by the Stanly County Board of Commissioners on  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk tot thel Board  Date    STANL)COUNTY  NORTH CAROLINA  Design Build Criteria  Action Item:  Establishment of criteria used for the design-build delivery method ofconstruction and approval to use the design-build method for the proposed EMS base and vehicle fueling station on Hilco Street in  Albemarle.  Explanation Abstract  Ina accordance with Session Law 2013-401 (design-build delivery method for construction projects) and NC General Statute 143- 128.1A, the County must establish specific criteria to utilize the More: specifically, staffi is recommending the design-build delivery method for the construction ofa new EMSI base facility (of approximately 8,500 square feet) and a fueling station for County vehicles. Given the existing EMS base is located in al leased facility thati is being actively marketed for sale, there isa a need tol have this project complete by no later than March 2020. The design-build delivery method will provide the needed flexibility to complete the project on time, within budget and without jeopardizing quality.  design-build construction delivery method.  Establishment of Criteria (Criteria 1) - The extent to which the County can adequately and  thoroughly define the project requirements prior to the issues ofa request for qualification (RFO)forac design-builder Response: The County'sl legal, financial, and management staff will work collectively with the EMS operational stafft to ensure the project requirements are thoroughly defined prior to thei issuance of arequest for qualifications for a design-builder. The relevant staff has experience planning and carrying-out efficient and high quality  capital projects.    (Criteria 2) - The time constraints for the delivery oft the project Response: The County's primary EMS base is currently housed in leased space that does not: adequately address the operational needs ofan ever evolving emergency medical service. The current facility lacks sufficient storage space for medical products, drugs and EMS related equipment. The current space does notl have sufficient training space for the EMS organization. Lastly, the facility could be sold ata any point and the County would have toi implementa contingency location plan for EMS operations. As such, itis imperative a new facility be constructed prior to April 2020.  (Criteria 3) - The ability to ensure a quality project can be delivered Response: The County has professional and experienced personnel to ensure the design-build firm provides a high quality projectwithin  the budget constraints established by the County.  (Criteria 4) - The capability of the County to manage and oversee the project, including the availabilityo ofexperienced. staffor outside consultants who are experienced with the design-build method of Response: The County has professional and experienced personnel and/or representatives knowledgeable of design-build projects. Should itl become necessary to contract the construction management ofa design-build contract, experienced consultants are readily available: in the Charlotte region.  project delivery  (Criteria 5) -4 Ag good faith effort to comply with N.C.G.S143-1282, N.C.GS. 143-128.4, and to recruit and: select small business entities Response: The County has established and successfully carried out multiple capital projects involving State and Federal funds with  mandated M/WBE goals.    (Criteria 6) - The criteria utilized by the County, including a comparison of the costs and benefits ofusing the design-build delivery method foragiven project in lieu ofo other delivery methods identified Response: As stated under Criteria #2, one ofthe benefits ofa design-build process isi it may reduce the overall project schedule by six (6) to twelve (12) months. This has a direct benefit on the project budget and the continuity of EMS operations. The design- build delivery method is nota anticipated to involve any additional expense than those expenses associated with a traditional RFQ, study, design, bid and construct project. The budget for the construction oft this new EMS base facility is estimated to not exceed $1.75 million. The capital cost oft the new facility is constrained by the County's available General Fund reserves, tax base, and the Board's desire to maintain or decrease the existing tax rate. Byr reducing the time frame by at least 61 months, the County: is mitigating the price escalation that would likely occur over the next several months. Additionally, the scope ofthe design efforts willl be reduced. This will result in more: funding being dedicated toward the construction oft the facility and valued added equipment purchases. Itisanticipated the design-build process will allowa minimum of 5%1 more ofavailable funds to be allocated to construction versus the typical design-bid-build process. The favorable project schedule and additional funds for construction make the design-build process the most appealing option int this  instance.    Stanly County Board of Commissioners  STANL)COUNTY Meeting Date: September 4, 2018  Presenter:  Lucas Andy  8  Mater An4 Lerl.s Sacceat.  Consent Agenda' Regular Agenda  Presentation Equipment:  Lectern PC* Lectern VCR Lectern DVD L7 Document Camera** Laptop*** *PCise equipped with Windows XP: andl Microsoft Office) XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity **] Ifyoul have need to use thel Document Camera and zoomi into a particular area, ifpossible please attach a copy of the document with the areai indicated  Please Provide al Brief] Description of your Presentations format:_ that you need toz zoomi into. Al laser lighti is availablet toy pinpoint your area of projection. *** You can bring inal laptop that will: allow video out to be connected: at the lectern set display to6 60Mhz.  for County Employees.  ITEMTO BE CONSIDERED Centralina Council Of Governments  Nursing Home Community Advisory Committee Appointment  Please see the attached request concerning the appointment of Ms. Joyce Ross as a new member of  the Nursing Home Advisory Committee.  Appoint. Joyce Ross as a member of the Nursing Home Community Advisory Committee for a one (1)  year term until September 4, 2019.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to be a true copy oft the action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk tot thel Board  Date    Stanly County Board of Commissioners  STANL)COUNTY Meeting Date: September 4, 2018  9  Presenter: Chairman Burleson  hater An Lers Saccet.  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR JI Lectern DVD Document Camera** Laptop*** *PCise equipped with Windows! XPa and Microsoft Office XP (including Word, Excel, and) PowerPoint), Internet connectivity and Network connectivity **] Ifyou have need to use thel Document Camera: and: zoomi into a particular area, if possible please attachac copy oft the document with the: areai indicated  Please Provide a Brief Description of your Presentations format: that you need toz zoom into. Al laser lighti is: available to pinpoint your area of projection. *** You can bringi inal laptop that will: allow video out to be connected att the lectern- set display to 60Mhz.  for County) Employees.  ITEM TOI BE CONSIDERED  CONSENT AGENDA  A. Minutes - Regular meeting August 6, 2018. B. City of Locust - Approval of fireworks display on September 15, 2018. C. EMS - Approval of budget amendment # 2019-10. D. Sheriff's Office - Approval of budget amendment # 2019-11. E. - Finance = Approval of the vehicle tax refunds for August 2018. F. Facilities- Approval to surplus the listed items and sell through GovDeals.  Request approval of the above items as presented.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified tol be at true copy oft the action taken by the Stanly County Board of Commissioners on  No  X_  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment: Necessary  Tyler Brummitt, Clerk to the Board  Date    STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES AUGUST 6, 2018  COMMISSIONERS PRESENT:  Joseph Burleson, Chairman Gene Mcintyre, Vice Chairman Scott Efird Bill Lawhon (Arrived at 5:33 p.m.) Janet K. Lowder Ashley Morgan  Matthew Swain (Arrived at! 5:38 p.m.)  COMMISSIONERS ABSENT: STAFF PRESENT:  None  Andy Lucas, County Manager Tyler Brummitt, Clerk Jenny Furr, County Attorney  CALLTO ORDER  Chairman Burleson called the informal work session to order at 5:30 p.m. CLOSED SESSION: REAL ESTATE, CONSULT WITH ATTORNEY  Upon motion by Commissioner Morgan, seconded by Commissioner Lowder and carried by unanimous vote, the Board convened in closed session for the following: To discuss economic development in accordance with G. S. 143-318.11(a)14), to discuss a real estate transaction in accordance with G. S. 143-318.11(a)5) and to consult with the county attorney in accordance The Board convened in closed session at 5:31 p.m. and returned to open session at 5:54 p.m. The Board then proceeded to the Commissioners Meeting Room for the remainder of the  with G. S. 143-318.11a/3).  meeting. CALLTOORDER  Chairman Burleson called the regular meeting to order at 6:00 p.m. and welcomed everyone in attendance. Commissioner Efird gave the openingi invocation and led the pledge of allegiance.  APPROVAL/ADJUSTMENTSTOTHE AGENDA  Page e1of7    Chairman Burleson requested that budget amendment # 2018-09 for the Sheriff's Office be added to the consent agenda as item # 10 (F). Commissioner Swain moved to approve the agenda as amended and was seconded by Vice Chairman Mcintyre. The motion passed by  unanimous vote.  ITEM#1-R RETIREMENT AWARD PRESENTATION Permitting after 24 years of service with the county.  The Board took a moment to recognize Nancy E. Whitley who recently retired from Central  TEM#2-E-911- PUBLIC HEARING TO CONSIDER NAMING PATRIOTS POINT DRIVE At the request of E-911, a public hearing was held to name a private drive located off Renee Ford Road between David Lane and River Road. The reason for naming the drive is to clarify any confusion that may occur when emergency personnel respond to a call in the area. Based on the four (4) responses received from the property owners, there was a tie vote: two (2) for Patriots Point Drive and two (2) for Independence Way. The address committee met and by With no questions from the Board, Chairman Burleson declared the public hearing open. During the time, Ms. Lisa Gross came forward to speak in favor of the name Patriots Point  Presenter: Karen McDaniel, E-911 Director  unanimous vote chose Patriots Point Drive as the road name.  Drive. With no one else coming forward, the hearing was closed.  By motion, Commissioner Efird moved to approve the name Patriots Point Drive and was  seconded by Commissioner Swain. The motion carried by a7-Ovote. ITEM#3-TAX COLLECTOR'S ANNUAL SETTLEMENT FOR FY2017-18  Presenter: Clinton Swaringen, Tax Administrator  Pursuant to GS 105-373, the Tax Collector presented the annual settlement report to the Board which provides a summary of the collection activity for FY 2017-18 with the statutory remedies of garnishment, attachment, debt setoff, escheat and pre-foreclosure being utilized to the extent possible for collection of taxes. As part of the settlement, it was requested the Board charge the Tax Collector with the collection of taxes for FY 2018-19 and accept the annual  settlement report as presented.  Commissioner Swain moved to accept and approve the annual settlement report and charge the Tax Collector with collection of the current fiscal year property taxes. Commissioner  Lawhon seconded the motion which passed bya7-Ovote.  Page2of7    ITEM # 4 - UTILITIES - CONTRACT AWARD FOR PHASE 3 OF THE WATERLINE HOOK-UP  PROGRAM  Presenter: Detria Turner, Utilities Project Coordinator  The Utilities Department received one (1) bid for Phase 3 of the Waterline Hook-Up Program on July 13, 2018 from United Plumbing & Associates of Concord, NC for $12,950. It was requested the Board award the plumbing service contract to the lowest, responsive, responsible bidder,  United Plumbing & Associates of Concord, NC.  After a brief period of questions, Vice Chairman Mcintyre moved to award the contract for Phase 3 to United Plumbing & Associates of Concord, NC as requested. The motion was  seconded by Commissioner Morgan and carried by unanimous vote. TEM#5-DEPARTMENT OF HEALTH & HUMAN SERVICES A. 2017 Community Child Protection Team (CCPT). Activity Summary  Presenter: Dolly Clayton, Social Services Director/Asst. Health & Human Services Director Ms. Clayton provided a brief review of the Child Protection Team activity including its purpose, the number of cases reviewed, and how the team makes and carries out recommendations for B. 2017 CHILD FATALITY PREVENTION TEAM (CFPT) ANNUAL REPORT SUMMARY  changes to help prevent future child deaths.  Presenter: Patricia Hancock, Director of Nursing  Ms. Hancock continued by adding that the CFPT meets quarterly with the CCPT to review the deaths of children in the county between the ages of 0 1 17. By reviewing these cases, the teams work to identify system problems and make recommendations to the state coordinator who in turn relays this information to the state. The state then uses the information as a means to improve or develop policies which aid in reducing the number and rate of child deaths. Examples of the programs developed as a result oft these recommendations include the child booster seat law, graduated driver's licenses and children's water safety programs. The presentation was for information only and required no Board action.  ITEM # 6 - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION & PUBLIC  HEARING  Presenter: Andy Lucas, County Manager  Stanly County is working with the Centralina Council of Governments (CCOG) to submit an application for a CDBG Neighborhood Revitalization grant. These grants will target housing rehabilitation for qualifying elderly and disabled low-to-moderate income homeowners in the county. The maximum grant award under this program is $750,000. It was requested the Board hold the first of two (2) required public hearings which must take place prior to the grant  Page 3of7    application deadline of September 28, 2018. The second public hearing will be scheduled for the September 4, 2018 Commissioners meeting. The County Manager noted that Mr. James Luster, CCOG Senior Community & Economic Development Coordinator was in attendance to With no questions from the Board, Chairman Burleson declared the public hearing open. With no one coming forward the hearing was closed. No further action was required. TEM#7-REGION F AGING ADVISORY COMMITTEE (RFAAC) APPOINTMENT  answer questions.  Presenter: Andy Lucas, County Manager  Currently, there are two (2) vacant positions on the RFAAC: one Delegate for a two (2) year term and one Alternate for a one (1) year term. It was requested the Board take action to appoint Dr. Woodard to: serve as a Delegate to represent Stanly County for ai two (2) year term. Commissioner Swain moved to appoint Dr. Johnnie Woodard as requested for a two (2) year term ending June 30, 2020. The motion was seconded by Vice Chairman Mcintyre and passed TEM#8-SELECTION OF A VOTING DELEGATE FOR THE 2018 NCACC ANNUAL CONFERENCE Itwas requested the Board select a voting delegate to represent Stanly County during the business session of the upcoming NCACC Annual Conference which will be held in Catawba  by unanimous vote.  Presenter: Andy Lucas, County Manager  County August 23-25, 2018.  By motion, Vice Chairman Mcintyre nominated Chairman Burleson as the voting delegate with Commissioner Morgan as alternate should Chairman Burleson be unable to attend. His motion  was seconded by Commissioner Swain a carried by a 7-Ovote. TEM#9-LIVESTOCK ARENA BID REVIEW AND FOLLOW-UP  Presenter: Andy Lucas, County Manager  County Manager Lucas stated that when the Livestock Arena project was initially bid on Monday, July 9, 2018, all of the bids exceeded the anticipated budget for the project. At the Commissioners meeting later that same day, the Board authorized staff to consult with the Livestock Arena Steering Committee, architect (Pinnacle) and the lowest responsive bidder (Simcon) to develop an alternative, lower cost scope of work for the project. The revised project cost proposal from Simcon in the amount of $2,655,640.25 still exceeded the  anticipated budget leaving a $1.4 million $1.5 million dollar gap.  Page 4of7    The County Manager noted concerns that the changes made toi the project (removal oft the pre- engineered metal roof, stadium seating, concrete curb and gutter at the parking lot area) compromises the quality and does not meet the original scope of the project. Although the community still has an interest in constructing the facility, there is a concern with the $1.4 - $1.5 million gap above and beyond the $250,000 pledged by the county. The County Manager added that after talking with the Livestock Arena Advisory Committee members, they are  unable to recommend moving forward with the project at this time.  Advisory Board members Reggie Medlin, Curtis Furr and Wayne Sasser addressed the Board and thanked them for their continued support of the project. Each stated that they are not in favor of proceeding with the livestock arena until it can be constructed as originally designed and will continue with fundraising efforts in the interim rather than place the burden for the additional "gap" funding on the taxpayers of Stanly County. Vice Chairman Mcintyre agreed with their comments noting that the project needs to be built as originally planned.  Commissioner Swain thanked everyone on the advisory committee for their hard work then moved to have the project brought before the Board again in January 2019 to discuss it further and provide an update for the new Board members. Commissioner Efird seconded the motion  which passed by unanimous vote. TEM#10-CONSENT AGENDA Presenter: Chairman Burleson  A. Minutes - Regular meeting of July 9, 2018 and emergency meeting of July 18, 2018.  B. DHHS Approval of budget amendment # 2019-07. - Animal Control - Approval of budget amendment # 2019-08. D.F Facilities - Declare the attached list ofi items as surplus and sold through GovDeals. - Finance = Request approval of the attached vehicle tax refunds for July 2018. F. Sheriff's Office - Approval of budget amendment #: 2019-09.  Vice Chairman Mcintyre moved to approve the consent agenda as amended and was seconded  by Commissioner Swain. The motion passed unanimously.  PUBLIC COMMENT  Ms. Jamie Stirewalt addressed the Board on behalf of the Dwight Almond family. Mr. Almond was killed earlier this year by a stray bullet from a neighbor's property who was target shooting. She and the Almond family requested the Board consider putting a firearm ordinance in place  with strict guidelines for target shooting safety.  Page5of7    Curtis Furr came forward to state his support of Ms. Stirewalt's request as well. BOARD COMMENTS, ANNOUNCEMENTS & COMMITTEE REPORTS  Commissioner Lawhon stated that year-to-date 168 new residential building permits have been issued compared to 157 for the same period in 2017. He also noted that average values have increased from $153, 000to $195,000 which is good for the county's tax base. As information, Commissioner Swain noted recent lawsuits involving hog farmers in eastern North Carolina. Thus far, 1 of 3 verdicts has resulted in one farm going out of business even though the lawsuit was filed against the integrator who supplied the hogs and not the farmer. He then noted the importance of agriculture to both North Carolina and Stanly County and stated that Ag-Extension Agent Samantha Foster would be at the next Board meeting to give a  presentation on the value of agriculture in Stanly County.  CLOSED SESSION  Commissioner Efird moved to reconvene in closed session to consult with the county attorney in accordance with G. S. 143-318.11(a/3). The motion was seconded by Vice Chairman  Mcintyre and carried unanimously at 7:14 p.m.  ANNOUNCEMENT  Chairman Burleson read the following statement:  "On August 8, 2018, Stanly County, Union County, the Town of Norwood and the Town of Wingate entered into an agreement that settles the lawsuit brought by Stanly County in Stanly County Superior Court against Union and Norwood challenging an Interlocal Agreement, and the lawsuit brought by Stanly in the North Carolina Office of Administrative Hearings against the North Carolina Department of Environmental Quality and Environmental Management Commission challenging the issuance of an Interbasin Transfer Certificate awarded to Union and Wingate, to which Wingate intervened to defend the certificate. The settlement supports long term water supply needs and cooperative planning in the region. The parties are pleased to put the lawsuits behind them and believe this settlement benefits the residents of Stanly,  Union, Norwood and Wingate.  This settlement agreement does not end all the lawsuits regarding Union and Wingate's interbasin transfer certificate. Two lawsuits at the Office of Administrative Hearings brought by other parties will continue. Because of this remaining litigation, Stanly, Union, Norwood and  Wingate cannot provide additional comment at this time."  Page 6 of7    By motion, Commissioner Swain moved to accept the settlement agreement as presented and  was seconded by Commissioner Morgan. The motion carried bya7-0.  Commissioner Lawhon left during closed session but was not excused by the Board. Therefore  his vote counts ini the affirmative.)  ADJOURN  With no further discussion, Commissioner Efird moved to adjourn the meeting. The motion was: seconded by' Vice Chairman Mcintyre and carried unanimously at 8:27 p.m.  Joseph L. Burleson, Chairman  Tyler Brummitt, Clerk  Page e7of7    Stanly County Board ofCommissioners  STANLY)COUNTY Meeting Date: September 4, 2018  Presenter:  9B  haten An Larl Saceant.  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** *PCise equipped with Windows XP: and Microsoft Office. XP (including Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ifyou have need to use the Document Camera andz zoom into aj particular area, ifp possible please attach: a copy oft the document with the: areai indicated  Please Provide a Brief Description ofy your Presentations format: that you need toz zoom into. AI laser light is available top pinpoint your area of projection. *** You can bring in a laptop that will allow video out tol be connected: at thel lectern- set display to 60Mhz.  for County Employees.  ITEM' TO BE CONSIDERED  Approval of Fireworks Display for the City of Locust  For eight years, the City of Locust and surrounding areas have sponsored a summer concert series in the Locust Town Center. As part of the concert finale on September 15"h, a fireworks display is also  provided.  Request Board approval for the City of Locust's fireworks display on September 15th.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified tol be a true copy oft the action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    Revised 07/07/2003  9C  AMENDMENT NO: 2019-10  STANLY COUNTY-BUDGET AMENDMENT  BE IT ORDAINED by the Stanly County Board of Commissioners that the following amendment be made  tot the annual budget ordinance for the fiscaly year ending June: 30, 2019: To amend the General Fund 110, the expenditures are to be changed as follows:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 75,275 $ 9,450 $ 84,725  FUND/DEPART ACCOUNT NUMBER 110.4330.4330  ACCOUNT DESCRIPTION  AS  NUMBER  190.000 Professional Services  TOTALS  75,275 $  9,450 $ 84,725  This budget amendment isj justified as follows:  To amend the budget for EMA with a grantf from North Carolina Emergency Management to be used for hazardous This will resulti in a net increase $ 9,450 in expenditures and other financial use to the County's annual budget. Top provide the additional revenue for the above, thet following revenues willl bei increased. These revenues have already been received or are verified they willl be received int this fiscal year.  materials emergency response planning, training, and related exercises.  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ $  FUND/DEPART ACCOUNT NUMBER 110.3433  ACCOUNT DESCRIPTION  AS 9,450 9,450  NUMBER  330.88 NC Tier II Grant  $ $  9,450 $ 9,450 $  TOTALS  SECTION2. Copies of this amendment shall be furnished toi the Clerk of thel Board of Commissioners,  Budget Officer, andt tot the Finance Director.  Adopted this_  day of_  20  Verified by the Clerk of the Board M  8-29-18 Date 8-18-15 Date Date  Posted by Journal No. Date  Reviewed by County Manager  8/28/2018 8:41 AM  BA2019-10    DocuSign Envelope ID: 6AF-4885089/4965.9389BACF7D3I3DF  North Carolina Department of Public Safety  Emergency Management  BPS  Roy Cooper, Governor Erik A. Hooks, Secretary  Michael A. Sprayberry, Director  NORTH CAROLINA TIERI II GRANT Fiscal Year 2018 Grant? #: TIERI II-2018 SUB AWARD NOTIFICATION Project' Title(s): LEPC Project Seminar Total Amount of Award: $9,450.00 MOA#: 1857  Brian! Simpson Stanly County 201 S. Second St Albemarle, NC 28001  Period of] Performance: January 1,2018 tol December 31, 2018  North Carolina Emergency Management is pleased toi inform yout that the Fiscal Year (FY)2018 Tier II Competitive Grant project(s) has been approved for funding. In accordance with the provisions ofFY 2018 Tier II grant award, North Carolina Emergency Management hereby awards to the foregoing sub-recipient: a grant in the amount shown Payment ofl Funds: The grant shall be effective upon final approval by North Carolina Emergency Management of the grant budget and program narrative and the execution oft thef forthcoming Memorandum of Agreement. Grant funds will be disbursed (according to the approved project budget) upon receipt ofevidence that funds have been invoiced and products received and/or that funds have been expended (i.e. invoices, contracts, itemized expenses). Conditions: These funds are tol be used by your county's Local Emergency. Planning Committee (LEPC) for hazardous materials emergency response planning, training, andi related exercises. The sub-recipient shall understand and agree that funds will only be expended for those projects outlined in the funding amounts as individually listed above. Sub-recipient shall also certify the understanding and agreement to comply witht the general and fiscal terms and conditions oft the grant including special conditions; to comply withj provisions ofl North Carolina General Statute $143C-6-23, 091 NCAC 03M and all applicable laws governing these funds and all other federal, state and local laws; that all information is correct; that there has been appropriate coordination with affected agencies; that sub-recipient is duly authorized to commit the applicant to these requirements; that costs incurred prior to grant application approval will resulti in the expenses being absorbed byt the sub-recipient; and that all agencies involved with this project understand that federal funds are limited to a maximum 30-month period. Sub-recipient must read and sign forthcoming Memorandum of Agreement for acceptance oft the award. Supplanting: The sub-recipients confirm that sub-grant funds will noth be used to supplant or replace local or state funds or other resources that would otherwise have been available for LEPC activities. In compliance with that mandate, the sub-recipient will certify thatt the receipt of grant funds through North Carolina Emergency Management shalli ini no way supplant or replace state or local funds or other resources that would have been made  above. North Carolina Emergency Management grant number is TIER. II-2018-1857.  available for LEPC activities. Lhrkb Callion L. Maddox  Homeland Security Grants Branch Manager  GRANT AWARD: NOTICE: THIS. AWARD IS SUBJECT TO' THE GRANT SPECIAL CONDITIONS. AND FINAL APPROVAL BY THE DEPARTMENT OF PUBLIC SAFETY,NORTH CAROLINA EMERGENCY  MANAGEMENT GRANT PROGRAM: BUDGET. ANDI NARRATIVE  MAILING. ADDRESS 42361 Mail Service Center Raleigh NC27699-4236 www.readync.org www.ncdps.gov  OFFICE! LOCATION 1636 Gold Star Drive Raleigh, NC: 27607-3371 Telephone: (919)825-2500 Fax: (919)825-2685  Ank Equal Opportunity employer    Revised 07/07/2003  9D  AMENDMENT NO: 2019-11  STANLY COUNTY-BUDGET AMENDMENT  BE IT ORDAINED byt the Stanly County Board of Commissioners that thet following amendment be made  tot the annual budget ordinance for thei fiscal year ending June 30, 2019: To amend the General Fund 110, the expenditures are to be changed as follows:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 29,629 $ 163,601 $ 193,230  FUND/DEPART ACCOUNT NUMBER 110.4310.4310  ACCOUNT DESCRIPTION  AS  NUMBER  540.000 Motor Vehicles  TOTALS  29,629 $ 163,601 $ 193,230  This budget amendment is justified as follows:  To amend the budget fort the loan proceeds to purchase vehicles for the Sheriff's Office.  This will resulti in a net increase $ 163,601 in expenditures and other financial use to the County's annual budget. Top provide the additional revenue for the above, thet following revenues will be increased. These revenues have already been received or are verified they willl be receivedi int this fiscal year.  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ $  FUND/DEPART ACCOUNT NUMBER 110.3838  ACCOUNT DESCRIPTION  AS  NUMBER  330.32 Loan Proceeds  9 163,601 $ 163,601 $ 163,601 $ 163,601  TOTALS  SECTION:2. Copies of this amendment shall be furnished to the Clerk oft the Board of Commissioners,  Budget Officer, and to the Finance Director.  Adopted this  day of  20  Verified byt the Clerk oft the Board_ FE  s/2ss Date $-36-1$ Date Date  Posted by Journal No. Date  Reviewed by County Manager  8/28/2018 8:57 AM  BA2019-11    Stanly County Board of Commissioners  STANU)COUNTY Meeting Date: September 4, 2018  9E  Presenter: Consent  atert fn lar Sarcen,  Consent Agenda' Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD I Document Camera** Laptop*** *PCise equipped with' Windows! XP and Microsoft Office XP (including Word, Excel, and PowerPoint), Internet connectivity and Network connectivity **] Ifyou have need tou use the Document Camera and zoomi into aj particular area, if possible please attacha a copy oft the document with the: areai indicated  Please Provide: al Brief Description of your Presentations format:_ that you need to: zoomi into. Al laser lighti is available to pinpoint your area ofp projection. *** You can bringi in a laptop that will allow video out tol be connected att thel lectern- - set display to 60Mhz.  for County Employees.  ITEMTOBE CONSIDERED  Please see the August 2018 refund report from the North Carolina Vehicle Tax System for taxpayers due vehicle refunds over $100 which requires Board of Commissioners approval.  Refund report will be emailed on Tuesday morning, September 4th.  Consider and approve the attached vehicle tax refunds.  Signature: Toby R. Hinson Date: 8/29/18  Dept. Finance Attachments:  Yes Certification of Action Certified to be at true copy oft the action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to thel Board  Date    Stanly County Board ofCommissioners  STANL) COUNTY Meeting Date: September4*,2018  9F  Presenter:  hatn An Ludl Sesat.  Consent Agenda Regular Agenda  Presentation Equipment:  Lectern PC* Lectern VCR Lectern DVD I Document Camera** Laptop*** *PCis equipped with' Windows XP and Microsoft Office XP (including Word, Excel, and) PowerPoint), Internet connectivity and Network connectivity ** Ify you have need to use the Document Camera and: zoomi into a particular area, if possible please: attacha a copy oft the document with the: areai indicated  Please Provide a BriefI Description of your Presentations format: that you need toz zoomi into. AI laser lighti is available to pinpoint your area of projection. *** You can bringi ina a laptop that will allow video out to be connected att the lectern- set display to6 60Mhz. Surplus to be sold: Misc. Medical Supplies, file cabinets  for County Employees.  ITEM TOB BE CONSIDERED  Requesting approval for surplus items to be sold through Gov Deals  Signature: Todd] Lowder, Date: August, 29, 2018  Dept. Attachments:  Yes Certification of Action Certified to be a true copy oft the action taken by the Stanly County Board of Commissioners on  No  X  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to thel Board  Date