STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AGENDA APRIL 4, 2016 7:00 P.M. CALLTO ORDER & WELCOME - CHAIRMAN EFIRD INVOCATION - COMMISSIONER MCINTYRE APPROVAL/ADUSIMIENTS TO THE AGENDA PLEDGE OF ALLEGIANCE SCHEDULED AGENDA ITEMS 1. PRESENTATION OF AN ADDENDUM TO THE STANLY COUNTY PARKS, RECREATION & TRAILS MASTER PLAN BY THE TOWN OF NEW LONDON Presenter: Tate Daniels, Mayor 2. PLANNING & ZONING Presenter: Michael Sandy, Planning Director A. ZA16-02- Rezoning request by Kaw' Valley ingineering/Zimmerman Properties 1. Hold the public hearing. 2. Request Board action to approve, modify or deny the request. B.Z ZA 16-03 - Rezoning request by Lanny Page 1. Hold the public hearing. 2. Request Board action to approve, modify or deny the request. 3. PRESENTATION OF THE STANLY COUNTY VOLUNTARY AGRICULTURAL DISTRICT & ENHANCED VOLUNTARY AGRICULTURAL DISTRICT Presenter: Lori Ivey, Cooperative Extension Director ORDINANCE 4. DESIGNATION OF A COUNTY OFFICIAL TO MAKE RECOMMENDATIONSTO THE NC. ALCHOLIC BEVERAGE CONTROL COMMISSION ON ABC PERMIT APPLICATIONS Presenter: Andy Lucas, County Manager 5. FY 16-17 PUBLIC SCHOOL FUNDING DISCUSSION 6. CONSENT AGENDA A. Minutes - Regular meeting of March 21, 2016. PUBLIC COMMENT BOARD COMMENTS, ANNOUNCEMENIS & COMMITTEE REPORTS ADJOURN The next regular meeting is scheduled for Monday, April 18, 2016 at 7:00 p.m. Stanly County Board of Commissioners STANLY) COUNTY Meeting Date: April 4, 2016 Presenter: Tate Daniels, Mayor Waler An4 Ludben. Consent Agenda Regular Agenda Presentation Equipment: Lectern PC* J Lectern VCR Lectern DVD LJ 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 and zoom into a particular area, if possible please attach: a copy of the document with the: area indicated Please Provide a Brief Description of your Presentations format: that you need toz zoomi into. AI laser lighti is available top pinpoint your area of projection. *** You can bringi ins a laptop that will allow video out to be connected att thel lectern set displayt to 60Mhz. for County Employees. ITEM TO BE CONSIDERED PRESENTATION OF AN ADDENDUM TO THE STANLY COUNTY PARKS, RECREATION & TRAILS MASTER PLAN BY THE TOWN OF NEW LONDON Please see the enclosed addendum for Board consideration and approval. Request Board approval of the enclosed addendum. 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 to the Board Date Appendix F: New London Parks and Recreation Plan 2016 Update to Stanly County Park, Recreation, and Trails Master Plan The Town ofl New London Board ofCommissioners embarked on aj process in 2015 to review the Stanly County Park, Recreation, and' Trails Master Plan completed in 2010 to determine ifit accurately reflects the current interest and concerns ofits citizens. Since the completion oft the countywide comprehensive plan, the Town has seen some shifts in population, added the Tarheel Challenge Academy, and has become more active in a1 three community endeavor to add a nine mile greenway in the northern end of Stanly County. These changes, along with other cultural impacts, persuaded Town elected officials to seek this review. Any revised plan should include recommendations for enhancements to the existing park in town if needed, for direction to continue toj participate in cooperative efforts within the county, and for future facility needs. A. Public Input Process Town elected officials and staff began the process by seeking resources to direct the process utilizing accepted best practice. Stanly County citizens who had beeni involved in earlier planning processes were contacted to learn of previous efforts. The Mayor and Town Administrator attended a statewide teleconference designed to advise local governments in preparing and developing recreational facilities based on needs. These conversations directed them to contact the Recreation Resources Service tol learn of guidelines to gather appropriate The Town Board discussed in multiple open meetings during 2015a a desire to learn more of recreation needs in the community. The result was to direct staffto develop and distribute a Public Recreation needs survey. The survey was mailed in ai newsletter to all town residents in November 2015. Residents were sent a reminder to: return the survey in their December water/sewer bill. Oft the 242 surveys distributed 67 were returned for a return rate oftwenty-eight percent. Demographic information collected indicates that all groups within the community were After the results were collected and tabulated, the Town Board advertised and held aj public involvement meeting on February 22, 2016, to receive input and to discuss the findings oft the survey. Thej public meeting was facilitated by an individual who does not live in the Town but The meeting was structured to address whether town citizens thought there is a need for additional recreational facilities, to discuss whether the results of the survey accurately reflect the needs oft the Town, and, finally, to determine support for more recreation facilities. community input and to schedule a planning process. represented in the information received. who is acquainted with the recreation planning process. B. Public Involvement Meeting Residents ofNew London were active in the development of the 2010 Stanly County Comprehensive Plan. Their involvement in this new process continues to reflect their participation in the process. After a twenty-eight percent return rate on the survey, 25 persons attended the public involvement meeting. During the first segment of the meeting, they expressed ai need for recreation facilities that mirrored community interests of wellness, multi- generational activities for members of the community, enhancing social interaction, support of economic development and cooperation with the nearby towns as well as the new school. It was communiçated that new recreational facilities will serve the various needs of current: residents, allow the community to attract new members and toj prepare for the dynamic expectations oft the Those present felt the results oft the survey exemplified the needs ofthe community to provide opportunities toj participate in various activities as well as set aside an environmentally pleasing facility in which to do so. This survey, much like the one: ini the broader comprehensive plan of 2010, demonstrates a similar desire tol have available park facilities close enough to residents to walkinglogsingbiking. to offer picnic areas, to have outdoor playgrounds, to create a lake for fishing, and to have a multipurpose field and areas that make available activities such as future. encourage their use. The top results ofthe survey were to provide trails for basketball and tennis. Citizens were asked ift they supported the development of recreation facilities in their community and were unanimous in their support. C.Recommendations The 2010 Stanly County Comprehensive Plan states that While public ownership of al broad range of recreation lands is critical tot the well-being oft the County and its residents, the use ofa simple overall acreage standard does not fully address or reflect the citizen feedback received during this planning process. Residents were particularly interested in the availability of active use parks within a reasonable distance from their homes...The County currently is meeting its acreage standard for Community Parks with 8.7 acres per 1000residents, but the number of The recreational opportunities currently available for residents ofNew] London are documented in the 2010 Plan. Noi new facilities, especially to serve New London residents, have been added to the inventory since the plan was adopted. Recreational needs that need to be meet by other classifications of facilities (District Recreation Complex, Regional Park, State! Parks and Special Facilities) are not within the realm of possibility for the Town's resources or population base. Community Parks are needed in each population node within the county and the previous plan mentioned such ai facility in every other population center except New London. The Community Park standard is designed to be a: facility within a reasonable distance from most residents to serve a wide variety of needs for youth and adults in both active and passive recreation. community parks falls short oft the quantity standard." These needs are addressed by the provisions of the County Plan. Facilities for sports fields, open turf areas, playgrounds, picnic areas, and offs street parking are recommended and could include restrooms and related facilities. Connection to a trail or greenway is al bonus for the community and should be considered iffinancially viable. A 10t to 20 acre Community Park with a service radius of1 to 2 miles is recommended for NewLondon and is reflective of expressed needs in the survey. D.Community Park components: Land (10to 25 acres) Park road and parking Rest rooms Grading field and turf Signage Lighting Trail development vakngogngnicycing Playgrounds that can serve different age groups Basic amenities (benches, trash receptacles, etc.) Adopted the jst day of March, 2016 by the New London Board ofCommissioners. A Tatel Daniels, Mayor Attest: Suan Ralmend Susan R.. Almond, Town Administrator Adopted the day of 20161 by the Stanly County Board of Commissioners. Terry Scott Efird, Chairman Attest: Tyler Brummitt, Clerk to the Board Stanly County Board of Commissioners STANI)COUNTY Meeting Date: April 4, 2016 Presenter: Michael Sandy Aal Lad.s Sascat. Kter 2A 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 andI Network connectivity ** Ifyouh have need to use thel Document Camera and: zoom into: a particular area, ifp possible please attacha a copy of the document with the: areai indicated Please) Provide al Brief Description ofy your Presentations format: Verbal only that you need toz zoom into. AI laser lighti is available top pinpointy your area of projection. *** You can bringi inal laptop that will allow video out to be connected att thel lectern- set display to 60Mhz. for County Employees. ITEM TOBE CONSIDERED PUBLIC HEARING PLANNING AND ZONING ZA 16-02 Kaw Valley ngmnering/immerman Properties, on behalf of Dennis Holbrook and MDS Smith, request to rezone 4.25 acres of a 55.33 acre tract from M-2 Heavy Industrial to R-8 Multi-Family Residential. This property is southeast of the extension of Leonard Avenue and west of] Henson Street and is located between two areas currently zoned R-8. (Tax Record #6276) Itisr requested that the Board of Commissioners approve, modify, or deny this request. Signature: Date: Dept. Attachments: 5 3-15-16 Review Process Yes Certification of Action Certified tol be at true copy oft the action taken the County Board ofC Commissioners on No X_ Approved Yes No Initials Finance Director County Attorney County Manager Other: by Stanly Budget Amendment Necessary Tyler Brummitt, Clerk to the Board Date STANLYD COUNTY Waten Ain Lard, Saccess. PLANNING DEPARTMENT 1000N.I"Street, Suite 13-B Albemarle, NC 28001 704-986-3667 MEMORANDUM To: From: Date: Stanly County Board of County Commissioners Michael Sandy, AICP, CZO, Planning Director March 16, 2016 ZA 16-02 Kaw Valley imginering/immerman Properties, on behalf of Dennis Holbrook and MDS Smith, request rezoning from M2 to R8. Applicant respectfully requests to rezone a 4.25 acre tract, aj portion ofTax Record Number 6276 from M2 tol R8. The property is located south and east ofLeonard Avenue extension and west of] Henson Street between sections ofthe tract which are zoned R8. The purpose ofthis request is to develop thej property for multi-family Adjacent properties are in Stanly County and City of Albemarle zoning jurisdictions. Lots to the north are zoned GHBD - General Highway Business District and R8A - Multi-family Residential. Lots to the south are zoned M2 - Heavy Industrial. The area requested for rezoning is between two existing R8 - Multi-family Residential districts on this tract. Public utilities are provided by the City of Albemarle. Schools serving this district are East Albemarle Elementary School, Albemarle Middle School and Albemarle High School. This] property is not located in a regulated floodplain or a WS-IV Water Supply Watershed. Traffic on this section ofLeonard Avenue has not been studied by NCDOT since iti isa a City of Albemarle street. Henson Street is Planning staff recommends this request due to the fact that the requested change is located in a primary growth area oft the City of Albemarle and isi in accordance with the Stanly County Land There was no opposition expressed at the Planning Board meeting and the Planning Board forwards this case to the County Commissioners with a favorable recommendation as this provides affordable housing and is adjacent to areas already zoned for this purpose. residential development. also a city street and has not been studied. Use Plan. Permit Number: ZA I6-02 PETITION FOR ZOMING CHANGE OF PROPERTY (Please read petition thoroughly before completing. Incomplete ori illegible applications will not be accepted.) The petitioner requests that the County of Stanly Zoning Map be amended asi indicated below. AND/OR TEXT. AMENDMENT IMPORTANT: Supplementaryl information required as part ofpetition tol bei included: Copy ofrecorded deed Copy oft the Stanly County" Tax! Map which delineates thej property requested for rezoning Legal description of property requested for rezoning, by metes and bounds or ar recordedp plat depicting such Text changes submitted on 81/2 Xllwith shadedt text representing newl language and strikethroughs: for language tob bei removed. Additional information. may be provided and altached to this petition. Applications must be submitted and reviewed by the Planning Department, 1000 N. First Street, Suite 13B., Albemarle, NC 28001 for completeness prior to acceptance. Fees payable to the County of Stanly must This petition willl be scheduled for the next possible regular Planning and Zoning Board meeting. Thej petitioner or his representative should be present at the meeting to answer any questions. Planning and Zoning Board meetings are held on the second (24) Monday of each month at 7:00 P.M. in the Commissioners Chambers located at. the Stanly County Commons Building, 1000 N. First Street, Albemarle, NC 28001. Petitioners will be informed of any changes in date, time, or location of meetings. Petitions and supplementary information must be received at least 11 working days prior to the scheduled meeting date to allow time for processing and accompany the petition. advertisement as required by the General Statutes ofNorth Carolina. PLEASEPRINT Name ofl Petitioner: Owner Name and Address: Kaw Valley Engineering for Zimmerman Properties: (913)894-5150 (Phone) Number) 14700V W.114thTerrace (Address) mikeo@kveng.com (Email Address) Michael R. Osbourn (Print! Name) Lenexa, KS66215 (City, State, Zip) 654804904100 4.25+/- Address(s) of Requested Site: E-andS.ofleonard. Ave xtensonlapprotimate)7alLconarAve Tax Parcel #(s) Acreage/Sq. Ft Signature of Petitioner: Signature of Owner (ifc owner Is not petitioner) 6276 Existing Zone/M-2 A hla Requested Zone_ R-8 Date_ 0224.16 Date_ o2/24l6 TA4 GNSS dl oAID D # STERLING SEA0US ENSON 773004M 6 NOI $700) A3PV NOLONIHSVA NO1S700 S127YM d3IN3O STANLY) COUNTY NARTH CARCUNA Wéten Ain Lard, Saocese. Stanly County Planning Board March 14, 2016 - Meeting Minutes Installation Before the meeting was called to order, Clerk Bob Remsburg installed the three new members of the Stanly County Planning Board as appointed by the Board ofCounty Commissioners on March 7. Kevin Brickman; John Eckman, III; and Frank Sparger took the oath of office. Planning Director Michael Sandy called the meeting to order to order on March 14, 2016, at 7:00 p.m. in the Commons Meeting Room at 10001 N First Street, Albemarle, North Carolina. Call to Order Stanly County Planning Board Members Attending Robert Loflin, Jr. - arrived at 7:10 Terry Smith Kevin Brickman John Eckman, III Frank Sparger Ned Stallings Bob Davis Planning Board Members Absent: Stanly County Planning Staff Attending Michael Sandy, Planning Director Bob Remsburg, PlannerI Others Present: See sign-in sheet called for nominations for Chair. Planning Director Sandy explained that since there were. new appointments including a replacement for the past chairman, the board needed to elect ai new Chair and Vice-Chair. He Motion: Kevin Brickman made the motion to elect Robert Loflin, Jr. as the chair. Second: Frank Sparger seconded the motion Action: Motion was approved. Motion: Frank Sparger made the motion to elect Terry Smith as the vice-chair. Second: John Eckman seconded the motion. Action: Motion was approved Michael Sandy called on' Terry Smith to chair the meeting int the absence of the newly elected Vice-Chairman Smith asked the Board to note the minutes of. January 11, 2016. He asked if there were any corrections to the minutes. Hearing none, he asked for a motion to approve. chair. 1 Motion: Kevin Brickman made ai motion to recommend approval ofZA16-02 to the Board of County Commissioners. Second: John Eckman Action: The Board unanimously approved this motion. Commissioners meeting would be on April 4th at 7:00 p.m. Mr. Sandy reminded Mr. Osborne and Mr. Holbrook that thel hearing at thel Board ofCounty Chairman Loflin called on Mr. Sandy to present the second hearing, ZA16-03. ZA 16-03 Lanny Page on behalf of Janice R. Efird, request rezoning from RA to GB. Applicant respectfully requests to rezone a 2.5 acre tract, Tax Record Number 7096 from RA to GB. The property is located at the southwest corner ofs. Oak Ridge Road (NC205) and Bear Claw Road. The purpose of this request is to locate a business on the property. Michael Sandy, Planning Director presented that this rezoning is in accordance with the Stanly County Land Use Plan. This property is located between the Town ofRed Cross and the Town ofOakboro along S. Oak Ridge Road (NC 205) and within the County's zoning. jurisdiction. Lots adjacent in both Red Cross and County. jurisdictions are zoned RA-Residential Agricultural. Traffic averages between 5,000 and 6,000 vehicles per day onl NC205. The Planning staff recommends this project be approved as it is located in a growth corridor with water and sewer Mr. Loflin invited Mr. Lanny Page to come forward and present why he desires the rezoning of this] property. Mr. Page expressed that he was purchasing the land in order to provide for the future of his family. His desire is to create a farmers' market which can be operated by his daughter who is now 21 and in school. This would be the family business. This looks like the available. Several nearby properties are zoned for business. right spot fort this activity. Mr. Loflin asked ift there was anyone wishing to speak against the rezoning. Kimberly Abeyta came forward and identified that she and her husband were adjacent property owners. She presented binders to the Planning Board containing a petition signed by 25 area residents expressing their preference for the Board to deny thei rezoning request. Also in the binders were photos of vacant area businesses and vacant properties which Mrs. Abeyta expressed may be more suitable for business purposes. She also expressed concern that the Oakboro area was not growing and has not supported several local businesses including farmers market/produce stands. She also expressed concern that the community would see less traffici if Oakboro School was closed. Her husband, Kevin Abeyta, joined her and shared that he would rather see the woods than a vacant business. He indicated that the Bear Claw neighborhood was established and this would not fiti in. He was concerned that there would not be enough business Harold Little, an adjacent property owner, also spoke indicating that he wanted to see the Mr. Page approached and stated that having another business in the community may attract more customers to all the businesses. He was flexible about the land use and was unsure ofat timetable traffic to sustain the location. property cleaned up. 3 Stanly County Board of Commissioners STANL) COUNTY Meeting Date: April 4, 2016 Presenter: Michael Sandy 2B Waler AA Lens Saccas:. Consent Agenda Regular Agenda Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD LJ Document Camera** Laptop*** *PCise equipped with' Windows XP: and Microsoft Office XP (including' Word, Excel, andl PowerPoint), Internet connectivity: and Network connectivity ** Ify you have need to use the Document Camera and zoomi into a particular area, ifp possible please attach a copy oft the document with the: areai indicated Please Provide al Brief Description of your Presentations format: Verbal only that you need toz zoom into. AI laser lighti is available top pinpoint your area ofp projection. *** You can bringi inal laptop that will allow video out to be connected att thel lectern- set display to6 60Mhz. for County Employees. ITEM TOBE CONSIDERED: PUBLIC. HEARING PLANNING AND ZONING ZA 16-03 Lanny Page, on behalf of Janice R. Efird requests to rezone 2.5 acres from R-A Residential Agricultural to G-B General Business. The property is on the southwest corner of Bear Claw Road and S. Oak Ridge Road (NC205). (Tax Record #7096). Itisr requested that the Board ofCommissioners approve, modify, or deny this request. Signature: Date: Dept. Attachments: Yes Certification of Action Certified tol be at true copy of the action taken by the Stanly County Board of Commissioners on No 3 3-15-16 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 Weter Ais Land. Sacccse. PLANNING DEPARTMENT 10001 N.1"Street, Suite 13-B Albemarle, NC 28001 704-986-3667 MEMORANDUM To: From: Date: Stanly County Board of County Commissioners Michael Sandy, AICP, CZO; Planning Director March 16, 2016 ZA1 16-03 Lanny Page on behalf ofJanice R. Efird, request rezoning from RA to GB. Applicant respectfully requests to rezone a 2.5 acre tract, Tax Record Number 7096: from RAI to GB. The property is located at the southwest corner ofs. Oak Ridge Road (NC205) and Bear Claw Road. Thej purpose of this request is to locate al business on the property. Adjacent properties are in Stanly County, and Town ofRed Cross zoning. jurisdictions. Lots within the town limits ofRed Cross are zoned RA - Residential Agriculture and lots in the Stanly County. jurisdiction are zoned RA - Residential Agriculture. Nearby properties south of this location are ini the Town of Oakboro jurisdiction. Water and sewer are available from the Town ofOakboro. This property is not located in a regulated floodplain or a WS-IV Water Supply Watershed. Traffic ont this section of S. Oak Ridge (NC205) has been studied by NCDOT averages between 5,000 and 6,000 vehicles per day. Planning staff recommends this project as it is located in a growth corridor with water and sewer available. Numerous properties along S. Oak Ridge (NC205) have been zoned for business and There was some opposition from neighbors at the Planning Board meeting. After hearing all sides, the Planning Board forwards this case to the County Commissioners with a favorable recommendation since the property is located on al highway and other businesses are located in have active businesses. the area. ZA Permit Number: 16-03 STANLY) COUNTY NORTH CAROLINA Waten An Lond, Sascess, PETITION FOR ZONING CHANGE OF PROPERTY (Please read petition thoroughly before completing. Incomplete ori illegible applications will not be accepted.) The petitioner requests that the County of Stanly Zoning Map be amended as indicated below. AND/OR TEXT AMENDMENT IMPORTANT: Supplementary information required as part of petition to be included: Copy ofrecorded deed Copy oft the Stanly County Taxl Map which delineates the property requested for rezoning Legal description ofp property requested for rezoning, by metes and! bounds or a recorded plat depicting such Text changes submitted on 8%x1 11 with shadedt text representing new language ands strikethroughs for language to be removed. Additional information may be provided and attached to this petition. Applications must be submitted and reviewed by the Planning Department, 1000 N. First Street, Suite 13B., Albemarle, NC 28001 for completeness prior to acceptance. Fees payable to the County of Stanly must This petition will be scheduled for the next possible regular Planning and Zoning Board meeting. The petitioner or his representative should be present at the meeting to answer any questions. Planning and Zoning Board meetings are held on the second (2m) Monday of each month at 7:00 P.M. in the Commissioners Chambers located at the Stanly County Commons Building, 10001 N. First Street, Albemarle, NC 28001. Petitioners will be informed of any changes in date, time, or location of meetings. Petitions and supplementary information must be received at least 11 working days prior to the scheduled meeting date to allow time for processing and accompany the petition. advertisement as required by the General Statutes ofNorth Carolina. PLEASEPRINT 0 Ra66 Name of Petitioner: Owner Name and Address: (70H)305-90/0 LANy Janice (Print! Name) (City, State, Zip) 7096 (Phone) Number) (Address) (Email Address) Address(s) of Requested Site: SWaacnecaf SOakkige k(NGo)and BearCwR. Tax Parcel #(s) Acreage/Sq. Ft Signature of Petitioner: Signature of Owner (ifowneri is not petitioner) 3.5 acves Existipg Zone RA Requested Zone_ 6B Date_ z/26/2016 Drk5201b - & dhay OK Ga Efad IDG STANLD)C COUNTY :RiN GAarus Water Ain. Lerd.s Saocess. Stanly County Planning Board March 14, 2016 - Meeting Minutes Installation Before the meeting was called to order, Clerk Bob Remsburg installed the three new members of the Stanly County Planning Board as appointed by the Board of County Commissioners on March 7. Kevin Brickman; John Eckman, III; and Frank Sparger took the oath ofoffice. Planning Director Michael Sandy called the meeting to order to order on March 14, 2016, at 7:00 p.m. in the Commons Meeting Room at 1000 N First Street, Albemarle, North Carolina. Call to Order Stanly County Planning Board Members Attending Robert Loflin, Jr. - arrived at 7:10 Terry Smith Kevin Brickman John Eckman, III Frank Sparger Ned Stallings Bob Davis Planning Board Members Absent: Stanly County Planning Staff Attending Michael Sandy, Planning Director Bob Remsburg, PlannerI Others Present: See sign-in sheet called for nominations for Chair. Planning Director Sandy explained that since there were new appointments including a replacement for the past chairman, the board needed to elect al new Chair and Vice-Chair. He Motion: Kevin Brickman made the motion to elect Robert Loflin, Jr. as the chair. Second: Frank Sparger seconded the motion Action: Motion was approved. Second: John Eckman seconded the motion. Action: Motion was approved Motion: Frank Sparger made the motion to elect' Terry Smith as the vice-chair. Michael Sandy called on Terry Smith to chair the meeting in the absence of the newly elected Vice-Chairman Smith asked the Board to note the minutes of January 11,2016. He asked if there were any corrections to the minutes. Hearing none, he asked for a motion to approve. chair. 1 Motion: Kevin Brickman made ai motion to recommend approval ofZA16-02 to the Board of County Commissioners. Second: John Eckman Action: The Board unanimously approved this motion. Commissioners meeting would be on April 4tat 7:00 p.m. Mr. Sandy reminded Mr. Osborne and Mr. Holbrook that the hearing at the Board of County Chairman Loflin called on Mr. Sandy toj present the second hearing, ZA16-03. ZA 16-03 Lanny Page on behalfo of. Janice R. Efird, request rezoning from RA to GB. Applicant respectfully requests to rezone a 2.5 acre tract, Tax Record Number 7096: from RA to GB. The property is located at the southwest corner ofs S. Oak Ridge Road (NC205) and Bear Claw Road. The purpose of this request is to locate a business on the property. Michael Sandy, Planning Director presented that this rezoning is in accordance with the Stanly County Land Use Plan. This property is located between the' Town of] Red Cross and the Town ofOakboro along S. Oak Ridge Road (NC 205) and within the Coaumy/sroningjurisdcion Lots adjacent in both Red Cross and County jurisdictions are: zoned RA-Residential Agricultural. Traffic averages between 5,000 and 6,000 vehicles per day on NC205. The Planning staff recommends this project be approved as it is located in a growth corridor with water and sewer Mr. Loflin invited Mr. Lanny Page to come forward and present why he desires the rezoning of this property. Mr. Page expressed that he was purchasing the land in order to provide for the future ofhis family. His desire ist to create a farmers' market which can be operated by his daughter who is now 21 and in school. This would be the family business. This looks like the available. Several nearby properties are zoned for business. right spot for this activity. Mr. Loflin asked if there was anyone wishing to speak against the rezoning. Kimberly Abeyta came forward and identified that she and her husband were adjacent property owners. She presented binders to the Planning Board containing aj petition signed by 25 area residents expressing their preference for the Board to deny the rezoning request. Also in the binders were photos of vacant area businesses and vacant properties which Mrs. Abeyta expressed may be more suitable for business purposes. She also expressed concern that the Oakboro area was not growing and has not supported several local businesses including farmers market/produce stands. She also expressed concern that the community would see less traffic if Oakboro School was closed. Her husband, Kevin Abeyta, joined her and shared that he would rather see the woods than a vacant business. He indicated that the Bear Claw neighborhood was established and this would not: fit in. He was concerned that there would not be enough business Harold Little, an adjacent property owner, also spoke indicating that he wanted to see the Mr. Page approached and stated that having another business in the community may attract more customers to all the businesses. He was flexible about the land use and was unsure ofat timetable traffic to sustain the location. property cleaned up. 3 Stanly County Board of Commissioners STANIY) COUNTY Meeting Date: April 4, 2016 3 X Laptop*** Presenter: Lori S. Ivey Wsten Ar. lad Scest Consent Agenda Regular Agenda Camera** Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD Document Please Provide al Brief Description of your Presentations format:_ *PCise equipped with Windows XPa and Microsoft Office XP (including' Word, Excel, and PowerPoint), that you need toz zoom into. AI laser lighti is availablet to pinpoint yours area of projection. *** You can bringi inal laptop that will allow video out to be connected: at thel lectern- set display to Internet connectivity and Network connectivity for **I Ifyou! County have Employees. need to use the Document Camera andz zoomi intos a particular: area, ifp possible please attach a copy oft the document with thes area indicated 60Mhz. ITEM TO BE CONSIDERED Approval of the Stanly County Voluntary Agricultural District and Enhanced Voluntary Agricultural District Ordinance. Signature: DAN Date: March23,2016 uy Review Process Dept. Attachments: YesX Certification of Action Certified to be at true copy of the action taken byt the Stanly County Board of Commissioners on No Approved Yes No Initials Finance Director County Attorney County Manager Other: Budget Amendment Necessary Tyler Brummitt, Clerk to the Board Date Application for Participation STANLY COUNTY Voluntary Agricultural District and Enhanced Voluntary Agricultural District A. Applicant Information Name (s): Mailing Address: City: Telephone: Email Address: State: North Carolina Zip: Home Cell Work B. Property Information Owner (s): (For additional tracts, use back of this form) Street Address (ex.7000-75001 Main St.) Tax Map/Parcel Number Number of Acres FSA Farm Number/Tract: Number (ex:01-2345-6/001) (ex:1 100) (ex: 1234/T-1234) Signature of Owners: Date: Date: Mail Completed Application to: Stanly Soil & Water Conservation District Attention: Voluntary Agricultural District 26032-C Newt Rd. Albemarle, NC 28001 Street Address (cx. 7000-7500 Mains St.) Tax Map/Parcel Number Number of Acres FSA Farm Number/Tract Number (€x:01-2345-6/001) (cx: 100) (cx: 1234/T-1234) STANLY COUNTY AND ARTICLEI TITLE VOLUNTARY AGRICULTURAL DISTRICT ENHANCED VOLUNTARY. AGRICULTURALDISTRICTORDINANCE Finall Draft- 2/16/16 An ordinance of the Board of County Commissioners of STANLY COUNTY, NORTH CAROLINA, entitled, "VOLUNTARY. AGRICULTURAL DISTRICT. ANDI ENHANCED VOLUNTARY AGRICULTURAL DISTRICT ORDINANCE" (hereinafter referred to as "Ordinance"). ARTICLEII AUTHORITY The articles ands sections of this ordinançe are adopted pursuant to authority conferred byt thel N.C.G.S. Sections 106-735 through 106-744: and Chapter 153A. ARTICLEIII PURPOSE The purpose of this ordinance is to promote agricultural values and the general welfare of Stanly County (hereinafter referred to as "County") and more specifically, increase identity and pride in the agricultural community and its way of life; encourage the economic and financial health of agriculture, horticulture and forestry; andi increase protection from non-farm development and other negative impacts on properly managed This ordinance establishes a Voluntary Agricultural District Program that has the following benefits for farms. participating farmers: Preservation and maintenance ofagriculture, horticulture, forestry, or open land areas within the Voluntary enrollment from year-to-year with the right to terminate participation at anyt time; Protection of green space and natural resources as the County's population and development Public identification, indicating to any potential neighbors and passersby that land is committed Increased protection from nuisance suits, making non-farming neighbors and potential land purchasers aware of the potential for noise, odor, dust, or slow-moving vehicles associated with Requirement of public hearings for proposed condemnation, ençouraging County government to Eligibility for farmland preservation funding on local, state and federal levels; and Better voice in County government concerning decisions affecting the agricultural economy or County; expands; tot thej preservation oft the agricultural wayoflife; farming; use agricultural land areas as al last resort; way of life within the County. This ordinance also establishes an Enhanced Voluntary Agricultural District Program that has the following benefits for participating farmers: Preservation and maintenance of agriculture, horticulture, forestry, or open land areas within the County; Protection of green space and natural resources as the County's population and development Public identification, indicating to any potential neighbors and passersby that landi is committed Increased protection from nuisance suits, making non-farming neighbors and potential land purchasers aware of the potential for noise, odor, dust, or slow-moving vehicles associated with Requirement of public hearings for proposed condemnation, encouraging County government to Eligibility for farmland preservation funding onl local, state and federal levels; Better voice in County government concerning decisions affecting the agricultural economy or Eligibility fora al higher perçentage of cost-share program funding; Conservation Agreement that prohibits non-farm use or development of such land for an expands; tot the preservation oft the agricultural way oflife; farming; use agricultural land areas asa al last resort; way oflife within the County; Priority for other state grant programs; irrevocable period oft ten( (10): years. ARTICLEIV DEFINITIONS The following are defined for purposes oft this ordinance: Advisory Board: Board of Commissioners: Chairperson: Conservation, Agreement: Stanly County Agricultural Advisory Board. Stanly County Board ofCommissioners Chairperson oft the Stanly County Agricultural Advisory Board. Agreement between the County anda al landowner that prohibits non-farm use or development of suchl land for a period of at least ten years; Stanly County County: District: Enhanced District: Farmland: Voluntary Agricultural District as established' by this Ordinance. Enhançed Voluntary Agricultural District as established byt this Land used for agriculture, horticulture, or forestry Stanly Soil and' Water Conservation District Ordinance Soil and Water Conservation District: ARTICLEV AGRICULTURALADVISORY BOARD A. B. Creation Membership The Board of Commissioners shall establish an Advisory Board to implement the provisions of these programs. 2 The Advisory Board shall consist of no less thans seven (7) members appointed by the Board ofCommissioners. C. Membership Requirements 1. 2. 3. 4. Each Advisory Board member shalll be a Stanly County resident or landowner. At least five (5) of the members shall be actively engaged in farming, horticulture and/or forestry. Of the members actively engaged in farming, horticulture and/or forestry, there shall be at least one (1) such member fromi the District and at least one (1) such member from the Enhanced District. At least one (1) of the Advisory Board members actively engaged in farming shall be nominated by The members actively engaged in farming, as well as other members, shall be selected for appointment by the Board of Commissioners from thei names ofi individuals submitted to the Board of Commissioners by the Soil and Water Conservation District Board of Supervisors, the County Office of the North Carolina Cooperative Extension Service, the U.S. Farm Service Agency County Committee, the Stanly County Farm Bureau, the North Carolina Forest Service, agribusiness, and the the! Soil and' Water Conservation District Board of Supervisors. public at large. D. Tenure Thei initial Advisory Board is to consist of three (3) appointees for terms of one (1): year; three (3) appointees fort terms oft two (2)s years; and one (I) appointee for at term of three (3): years. Thereafter, all appointments are tol be for terms oft three (3): years, with reappointment permitted. E. Vacancies unexpired term. Removal Any vacancy on the Advisory Board is to be filled by the Board of Commissioners for the remainder of the F. Any member of the Advisory Board may be removed by the Board ofCommissioners upon a majority vote of the Commissioners. No cause for removal shall be required. G. Funding The per diem compensation, if any, of the members of the Advisory Board may be fixed by the Board of Commissioners and funds may be appropriated to the Advisory Board toj perform its duties. H. Advisory Board Procedure Chairperson 1. The Advisory Board shall elect a chairperson and vice-chairperson each year at its first meeting oft the fiscal year. The Chairperson shali preside over all regular, special, and emergency meetings of the Advisory Board. In the absence or disability of the Chairperson, the vice-chairperson shall preside and shall exercise all the powers oft the chairperson. Additional officers may be elected asi needed. 2. Jurisdiction 3 The Advisory Board may adopt rules of procedure consistent with this Ordinance or with other provisions of State law. Advisory Board Year year. Meetings 3. The Advisory Board shall use the Stanly County fiscal year (Julyl through June 30) asi its meeting 4. Meetings of the Advisory Board shall be held at the call oft the Chairperson and at such other times as the Advisory Board may specify in its rules ofp proçedure or upon the request of at least a majority of the Advisory Board membership. A meeting shall bel held at least annually and notice ofa any meetings to the members shall be in writing, unless otherwise agreed to by all Advisory Board members. Publiç notice of the meeting dates and times shall be provided in accordance with North Carolina General Statute Chapter 143, Article 33C. All meetings shalll be open tot the public. 5. Majority Vote and Quorum Requirements All issues shall be decided by a majority vote of the members of the Advisory Board, except as otherwise stated herein. No business may be conducted by the Advisory Board without a physiçal or electronic quorum present. Records 6. The Advisory Board shall keep minutes of the proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Advisory Board and: shall be aj public record. Administrative 7. The Advisory Board may coordinate with the Soil and Water Conservation District and North Carolina Cooperative Extension offices to serve the Advisory Board for record keeping, correspondence, application procedures under this ordinance, and whatever services the Advisory Board needs to complete its duties. I. Duties 1. 2. 3. 4. The Advisory Boards shall: Review applications of landowners for enrollment of qualified farmland, horticultural land, or forestland in either District or the Enhanced District for compliance witht this ordinance; Forward applications determined to be compliant to the Board of Commissioners for approval of Make recommendations concerning the establishment and modification of District and/or Enhanced Conduct public hearings on public projects likely tol have ani impact ofa agricultural operations; parçels tot the District or the Enhanced District, as appropriate; District; 4 5. 6. 7. 8. 9. Advise the Board of Commissioners on projects, programs, or issues affecting the agricultural economy and agricultural, horticultural or forestry activities within the County that will affect the Review and make recommendations. concerning proposed amendments to this ordinance; Maintain the county-wide farmland protection plan as defined in N.C.G.S. $106-744(e)(),for Study additional methods of protection for farming, horticulture, forestry, and the attendant land base Perform other agricultural, horticultural, and forestry- related tasks or duties assigned by the Board of District or Enhanced District; presentation tot the Board of Commissioners; andi make recommendations. to the Board of Commissioners; and Commissioners. ARTICLE VI CREATION OF VOLUNTARY AGRICULTURAL DISTRICIS AND ENHANCED VOLUNTARY AGRICULTURALDISTRICIS A. Implementation In order toi implement the purposes stated in Article III, these programs provide for the creation of one (I) Voluntary Agricultural District and one (I) Enhanced Voluntary Agricultural District that inçlude all qualified, enrolled: farmland, horticultural land, or forestland in Stanly County. B. Education The County may take such action as it deems appropriate through the Advisory Board or other entities or individuals to encourage the formation of Districts and Enhanced Districts and to further their purposes and objectives, including thei implementation ofa public information program to reasonably inform landowners of the District and Enhanced! District Programs. Addition and Withdrawal C. 1. Qualifying farmland in a region with an existing District or Enhanced District shall be added to the District or the Enhanced District as herein provided. ARTICLEVII CERTIFICATION AND QUALIFICATION OFI FARMLAND Requirements To secure County certification as qualifying farmland in either the District or the Enhanced District, a farm must: 1. 2. Bei real property thati is engagedi in agriculture as defined by! N.C.G.S. $106-581.1; Ber managed, ifhighly erodiblel land exists on thet farm, in accordançe with the Natural Resources Conservation Service defined erosion-control: practices that are addressed tos said highly-erodible land; 5 3. Bet thes subject ofa Conservation Agreement, as defined inl N.C.G.S. $121-35, between the County and the owner ofs such land that prohibits non-farm use or development ofsuch land for a period ofatl least ten years, except for the creation of not more than three (3) lots that meet applicable County zoning Be located in the unincorporated area of Stanly County, unless there is an agreement with a municipality through which the County is authorized to exercise the authority of the municipality on ands subdivision: regulations; and 4. its behalf. ARTICLEVII APPLICATION, APPROVAL, AND APPEAL PROCEDURE A. Application Procedure 1. Al landowner may apply toj participate in either the District or thel Enhance Districtl Program by making application and paying such fees as may be established by the Board of Commissioners to the Chairperson of the Advisory Board or to a designated staff person, The application shall contain a listing of all parçels or tax record numbers and be on forms provided by the Advisory Board. The appliçation to participate in an Agricultural District may be filed with the certification for qualifying A Conservation Agreement (required by N.C.G.S. $106-737 and definedi inl N.C.G.S. $121-35) suited to district type (District or Enhanced! District) designated byt thel landowner to sustain, encourage, and promote agriculture must be executed by the landowner witht the Advisory Board, which shall recorda certified copy with the Stanly County Register of Deeds. The Conservation Agreements for the Enhanced District shall be binding upon all successors in interest to the landowner, except for successors in interest resulting from the exercise of rights under a security interest or lien that farmland. 2. preceded the Conservation. Agreement. B. Approval Process 1. Upon submission of an application to the Advisory Board, the Advisory Board shall meet within 90 days tor review the appliçation. The Chairperson shall notify the applicant in writing via first class mail of the Advisory Board's determination of compliance or non-compliance and the reasons therefore. Compliant applications shall be added to the Board of Commissioners' agenda for consideration of Upon receipt of an application, the Chairperson will forward copiesi immediately to the following offices which shall be: asked toj provide comments, ifany, to the Advisory Board prior to the date set addition tot the appropriate District or Enhanced. District. for the Advisory Board vote ont the application. The Stanly County Tax Assessor; 2. a. b. C. The Stanly County Soil and Water Conservation District Office; and Thel Natural Resources Conservation Service. C. Appeal Ifan application is determined to be non-compliant with this Ordinance by the Advisory Board, the landowner shall have thirty (30) days from the date of notification to appeal the determination to the Board of Commissioners. Such appeal shall be presented in writing. The decision of the Board of Commissioners is final. ARTICLEIX REVOCATION, ENFORCEMENT AND RENEWAL OF CONSERVATION AGREEMENT A. Revocation and Enforcement 1. District. Conservation Agreements for land within the District are each for a term of ten (10) years. By providing 30 days advance written notice to the Advisory Board, a landowner of qualifying farmland within a District may. revoke his/her/its Conservation Agreement. By providing written notice to the landowner, the Advisory Board may revoke a Conservation Agreement due to the landowner's non-compliance with the Ordinance, the Conservation Agreement, or applicable law. Such revocation shall result in loss ofqualifying farm status andl loss of eligibility to participate in the District. Absent non-compliance by the landowner, neither the Advisory Board nor the Board of Commissioners may revoke any Conservation Agreement prior to its expiration. If the Advisory Board revokes a Conservation Agreement for cause, the landowner shall have thirty (30) days from the date ofnotice ofrevocation to appeal the revocation to thel Board of Commissioners. Such appeal shall bep presented in writing. The decision ofthe Board of Commissioners is final. Transfers ofl land in al District due to death of the landowner, sale or gift shall not revoke the Conservation Agreement unless the land no longer qualifies as real property that is engaged in agriculture as defined by N.C.G.S. $106-581.1 or, in the event that there are water or sewer assessments held in abeyance, the new owner(s) fail to agree in writing to accept liability for those assessments in the event that the land is withdrawn either voluntarily or involuntarily from the District. In event of the original landowner's death, any surviving heirs have the same 30 days advance written notice consideration for revocation of the Conservation Agreement as stated above. Enforcement of the terms of a Conservation Agreement for land enrolled in al District shall be limited to revocation of the Conservation. Agreement and the benefits derived there from. A notice of revocation shall be recorded in the County landi record system sufficient to provide notice that the land has been withdrawn from the Voluntary Agricultural Enhanced District. Conservation Agreements for land within the Enhançed District are IRREVOCABLE by landowner(s) for a period of ten (10) years. Enforcement of the terms of the Conservation Agreement may be through an action fori injunctive reliefand/or damages in any court of competent jurisdiction. The County may also terminate any benefits to the landowner under this program either permanently or during the period of violation, as appropriate. If the County shall revoke the Conservation Agreement for cause, the landowner shall have thirty (30) days from the date ofnotice of revocation to appeal the revocation to the Board of Commissioners. Such appeal shall be presented in writing. The decision of the Board of Commissioners is final. The right to terminate program benefits is in addition to any legal rights that the County may have under either this Ordinance or the terms of the applicable Conservation Agreement. The County may seek costs oft the action, including reasonable attomey fees. A notice ofrevocation shall be recorded int the County land record system sufficient to provide notice that the land has been withdrawn from the Enhanced District Program. 2. Voluntary Agricultural District Program. B. Renewal 7 . District. A Conservation Agreement for land within a District shall be automatically renewed, if not terminated, for an additional term oft ten (10) years, unless either the landowner or the County provides a 30 day written notice to the other party of his/her/its intent not to renew. Absent non-compliance by the landowner, neither the Advisory Board nor the Board of Commissioners shall fail to renew any Conservation Agreement unless this Ordinance or its authorizing legislation has been repealed. At the end ofe each ten (10); year term, the Conservation Agreements for landi int the District shall automatically renew, ifnot terminated, fora an additional ten (10)yeart term unless notice ofi non-renewal is given. 2. Enhanced District. A Conservation Agreement for land within an Enhanced! District shall be automatically renewed, if not terminated, for an additional term of three (3) years, unless either the landowner or the County gives written notice to the other party ofhis/her/its intent nott to renew prior to the date ofrenewal ofthe Conservation Agreement. Absent non-compliance byt the landowner, neither the Advisory Board: nor thel Board of Commissioners shall fail to renew any Conservation Agreement unless the Ordinance or its authorizing legislation has been repealed. At the end of each three (3) year term, the Conservation Agreement for land in the Enhanced District shall automatically renew, ifnot terminated, fora an additional three (3) year term unless notice ofnon-renewal is given. ARTICLEX WAIVER OF WATER ANDSEWER OR ALLUTILITY ASSESSMENTS A. Assessments A landowner belonging to the District may be assessed for or be required to connect to Stanly County or Stanly County Water and Sewer Authority (hereinafter referred to as SWASA") water and/or sewer systems at the A landowner belonging to the Enhanced District may be assessed for or be required to connect to Stanly County or Stanly County Water and Sewer Authority (hereinafter referred to as "SWASA") utility systems at discretion of thel Board of Commissioners. the discretion oft the Board ofCommissioners. B. Abeyançe made. made. Water and sewer assessments may be held in abeyance, without interest, for farms in the District, until improvements on such property are connected to the water or sewer system for which the assessment was Utility assessments may be held in abeyance, without interest, for farms in the Enhanced District, until improvements on such property are connected to the water or sewer system for which the assessment was C. Termination of Abeyance assessment: resolution. Suspension of Statute of Limitations When the period of abeyance ends, the assessment is payable in accordance with the terms set out in the D. Statutes of limitations are suspended during the time that any assessment is held in abeyance without interest. The landowner may be required to sign an acknowledgement (that may be incorporated into the Conservation Agreement) of the abeyance oft the statute of limitations upon collecting water and sewer assessments (in the District) or other utility assessments (in the Enhance District). 8 E. Other Statutory Abeyance Procedures Nothing in this section is intended to diminish the authority of the County to hold assessments in abeyance underl N.C.G.S.9153A-201 or other applicable law. F. Conflict with Water and/or Sewer System Construction and Improvements Grants To the extent that this section conflicts with the terms of federal, state, or other grants under which County or SWASA utility systems are constructed, this section shall not apply. Thiss section shall not applyt to utilities that are not owned by the County or SWASA unless the County or SWASA has entered into an agreement with the entity(ies) owning the utilities and that agreement provides that this Ordinance shall apply. ARTICLEXI ADDITIONAL ENHANCED AGRICULTURAL DISTRICT BENEFITS Land enrolled in the Enhanced Voluntary Agricultural District Program is entitled to all of the benefits available under the Voluntary Agricultural District Program (except for the right to terminate the Conservation Agreement at any time, and to thet following additional benefits: Sale of Non-Farm Products A. Landowners participating in the Enhanced District may receive up to twenty-five percent (25%) of its gross sales from the sale of non-farm products and still qualify as al bona fide farm thati is exempt from County zoning regulations under N.C.G.S $ 153A-340(b). A farmer seeking to benefit from this subsection shall have the burden of establishing that the property's sale of non-farm products did not exceed twenty-five percent (25%) of its gross sales. The Agricultural Advisory Board shall develop guidançe and procedures regarding the standards necessary for proofofcompliance with this provision. B. Agricultural Cost Share Program Landowners participating in the Enhanced District are eligible under N.C.G.S. $ 106-850(b) to receive the higher perçentage of cost-share funds fort the benefit of that farmland under the Agriculture Cost Sharel Program established pursuant to Article 72 ofChapter 106 oft the General Statutes for funds to benefit that farmland. C. Priority Consideration State departments, institutions, or agencies that award grants to farmers are encouraged to give priority consideration tol landowners participating int the Enhanced. District. ARTICLEXII PUBLICHEARINGS A. Purpose N.C.G.S. $106-740 provides that no State or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within a District or Enhanced District until such agency has requested the Advisory Board hold a public hearing on the proposed condemnation. This provision 9 ensures that the condemning agency or unit considers the impact of its actions upon agriculture, forestry, and/or horticulture prior to taking action thati is not reversible. This provision is noti intended to, and does not prohibit thec condemning agency or unit from taking action that is authorized byl law. B. Procedure Upon receiving a request, the Advisory Board shall publish notice describing the proposed action in the appropriate newspaper of Stanly County within five (5) business days of the request, and willi in the same notice notify the public ofap public hearing on the proposed condemnation, to be held within ten (10) days ofreceipt of the request. 2. The Advisory Board shall meet to review: a. Whether the need for the project has been satisfactorily established by the agency or unit of government involved, including a review of fiscal impact analysis conducted by the agency b. Whether there are alternatives to the proposed action that have less impact and are less disruptive to the agricultural activities of the District or Enhanced District within which the proposed action involved; and ist to take plaçe. 3. The Advisory Board shall consult with the Stanly County Cooperative Extension Agent, the Natural Resources Conservation Service District Conservationist, and any other individuals, agencies, or organizations deemed by the Advisory Board tol bei necessary fori its review ofthe proposed action. 4. Within five (5) days after the hearing, the Advisory Board shall make a1 report containing its findings and recommendations regarding the proposed action. The report shall be made available to the public prior to its being conveyed to the decision- making body of the agency proposing the acquisition. 5. There will be a period oft ten (10) days allowed for public comment on thei report oft the. Advisory Board. After the ten (10) day period for public comment has expired, the Advisory Board shall submit a final written report containing all its findings and recommendations regarding the proposed action to the 7. The total time period, from the day that a request for al hearing has been reçeived to the day that a final report isi issued tot the decision-making body of the agency proposing the acquisition. shall note exceed thirty (30) days. Ift the agency agrees to an extension, the agency and the Advisory Board shall mutually agree . Pursuant to N.C.G.S. $106-740, the agency may. not formally initiate a condemnation action while the decision-making body oft the agency proposing the acquisition. upona a schedule tol be set forthi in writing and made available to the public. proposed condemnation is properly before the Advisory Board. ARTICLE) XIII NOTIFICATION A. Record Notice of Proximity toa Voluntary or an Enhanced VoluntaryAgriculural District 1. Procedure Upon certification of qualifying farmland and designation ofreal property as enrolled in the District or the Enhanced District, the title to that qualifying farmland and real property, which is contained in the 10 Stanly County Land Records System, shall be changed to include a notice reasonably calculated to alert a person researching the title ofa particular tract that such tract is located within one-half aerial mile ofal District or an Enhanced District. Limitation ofLiability 2. In no event shall the County or any of its officers, employees, members of the Advisory Board or agents be held liable in damages for any misfeasance, malfeasance, or nonfeasance occurring in good faithi in connection with the duties or obligations imposed byt this Ordinance. 3. No Cause ofAction In no event shall any çause of action arise out of the failure ofa person researching the title ofa particular tract to report to any person the proximity of the tract to a qualifying farm, District or Enhançed District as definedi int this Ordinance. B. Signage Signs identifying parcels enrolled in the District or the Enhanced District may be placed by the landowner on the properties enrolled in the District ort the Enhanced District. Signs shall not be placed within the right-of-way ofanys state or county maintained road. C. Maps Maps, or on-line access tos such maps, identifying the approved District and Enhanced District shall be provided tot the following agencies or offices: Stanly County Register ofI Deeds; Natural Resources Conservation Service; North Carolina Cooperative. Extension Service; Stanly County Soil and Water Conservation District; a. b. c. d. e. f. g. Stanly County Tax Office; Stanly County Planning Office; and Any other such agency or office the Advisory Board deems appropriate. SUBDIVISION ORDINANCE. AND: ZONING ORDINANCE REVIEW ARTICLE. XIV Developers of major subdivisions or planned unit developments shall designate on preliminary development plans, the existence of the District and the Enhanced District within one half(I/2) aerial mile of the proposed development. ARTICLEXV COUNTYLAND-USE PLANNING 11 A. Duty of the Advisory Board It shall be the duty of the Advisory Board to advise the Board of Commissioners or the agency or office to which the Board of Commissioners delegate authority to oversee County land use planning, on the status, progress, and activities of the County's Voluntary Agricultural District and the Enhance Voluntary Agricultural District Programs and to also coordinate the formation and maintenance of the District and the Enhanced District with the County's land use planning activities andt the County's land use plan. B. Posting of Notice The following notice, of a size and form suitable for posting, shall be posted in the office of the Register of "Stanly County has established the Voluntary Agricultural District and the Enhanced Voluntary Agricultural District (hereinafter collectively referred to as" "Districts")t to protect and preserve agricultural lands and activities. These Districts have been developed and mapped by the County toi inform all purchasers ofreal property that certain agricultural and forestry activities, including but not limited to pesticide spraying, manure spreading, machinery and truck operation, livestock operations, sawing, and other common farming activities may occur in these Districts any time during the day or night. Maps and information on the location and establishment oft these Districts can be obtained from thel North Carolina Cooperative Extension Service office, the office oft the Stanly County Register of Deeds, the Stanly County Planning office, or the Natural Resources Deeds, and any other office or agency the Advisory Board deems necessary: Conservation Service office." Growth Corridors C. Land in the County's designated growth corridors as delineated on the official County planning map shall not be permitted to enroll in the District and Enhanced District without the approval of the Board of Commissioners. Land located in the designated growth corridors that is enrolled in the District prior to the effective date oft this Ordinance may remain, but shall not be expanded within the growth corridor area without the approval oft the Board ofCommissioners. ARTICLEXVI CONSULTATIONAUTHORITY The Advisory Board may consult with the North Carolina Cooperative Extension Service, the Natural Resources Conservation Service office, the North Carolina Department of Agriculture and Consumer Services, and with any other individual, agency, or organization the Advisory Board deems necessary to properly conducti its business. ARTICLEXVII NORTH CAROLINA AGENCY NOTIFICATION Annually Report to the North Carolina Department of Agriculture and Consumer Services A copy of this ordinance shall be sent to the Office of the North Carolina Commissioner of Agriculture and Consumer Services, the Board of Commissioners, the County Office of the North Carolina Cooperative Extension Service, and the Soil and Water Conservation District office after adoption. At least annually the Advisory Board shall submit a written report to the Commissioner of Agriculture and Consumer Services on the County's Voluntary Agricultural District Program and Enhanced Voluntary Agricultural District Program, includingt thei following information: 12 1. 2. 3. 4. 5. 6. 7. Number of landowners enrolled; Number of acres enrolled; Number ofa acres certified during the reporting period; Number ofa acres denied during the reporting period; Number of acres for which applications are pending; Copies of any amendments tot the ordinance; and Any other information the Advisory Board deems useful. ARTICLEXVIII LEGALPROVISIONS A. Severability Ifany article, section, subsection, clause, phrase, or portion of this ordinance is for any reason found invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions oft this Ordinance. Conflict with other Ordinances and Statutes B. Whenever the provisions of any Stanly County ordinance or federal or state statute require more restrictive provisions than are required by this Ordinance, the provisions of such ordinance or statute shall govern. C. Amendments This ordinance may be amended from time to time byt the Board of Commissioners. ARTICLEXIX ENACTMENT The Stanly County Board of Commissioners. hereby adopts ande enactst the preceding articles and sections ofthis Ordinance. All prior voluntary agricultural district ordinances are hereby repealed the day this Ordinance take effect. Adopted thist the Motion for adoption by. day of_ 20 and seconded! by_ STANLY COUNTY: BOARD OF COMMISSIONERS Chairperson 13 ATTEST: Clerk tol Board of Commissioners Approved as to form: County Attorney 14 NORTH CAROLINA CONSERVATION AGREEMENT FOR VOLUNTARY AGRICULTURE DISTRICT (VAD) PROGRAM OFTHE COUNTY OF STANLY Stanly County ("County") and the undersigned real property owner(s) ("Owner") enter into this Conservation Agreement for Voluntary Agriculture District covering the property described in the VAD application. The parties understand and agree that this Agreement is being entered into to protect farmland, horticultural land and/or forestland in Stanly County as contemplated by Article 61 of Chapter 106 oft the North Carolina General Statutes and the Stanly County Voluntary Agricultural District and Enhanced Voluntary Agricultural District Ordinance and to permit such property to qualify for the benefits granted by these laws and ordinançes. During the term of this Agreement, Owner agrees to prohibit non-farm use of Owner's property subject to this Agreement except as permitted by the above laws and ordinances, which Owner This Agreement is in place for a period of ten (10) years from the date ofi its execution and is automatically renewed, ifr not terminated, for an additional ten (10) years. Notice ofnon-renewal by either the Owner or the County may be given to the other party in writing at any time prior to the date of renewal. This Agreement may be revoked by Owner at any time, with thirty (30) days written notice to the Agricultural Advisory Board, or its designee, of Stanly County. County may revoke this Agreement if the Owner is noncompliant with this Agreement or the above laws and ordinances. Such revocations shall acknowledges, Owner has read and is familiar with. result in loss of qualifying farm status. IN WITNESS, the parties have signed this Agreement on the dates indicated in the signature acknowledgments. COUNTY OWNER BY: Chair, Agricultural Advisory Board OWNER STATE OF NORTH CAROLINA COUNTY OF Personally appeared before me this day. who acknowledged the due execution of the foregoing North Carolina Conservation Agreement for Voluntary Agricultural District (VAD) Program ofthe County of Stanly for the purposes therein expressed. WITNESS my hand and notarial seal, this day of ,20 Notary Public My Commission Expires: STATEOF1 NORTHCAROLINA COUNTY OF. Personally appeared before me this day. who acknowledged the due execution of the foregoing North Carolina Conservation Agreement for Voluntary Agricultural District (VAD) Program oft the County of Stanly fort the purposes therein expressed. WITNESS my hand and notarial seal, this dayo of ,20 Notary Public My Commission Expires: STATE OF NORTHCAROLINA COUNTY OF I, that al Notary Public, for said County and State, do hereby certify personally came before me this day and acknowledged that he/she is Chairperson, Agricultural Advisory Board and acknowledged on behalf of Stanly County, the due execution of the foregoing North Carolina Conservation Agreement for Voluntary Agricultural District (VAD) Program of the County of Stanly. This Notary Public My Commission Expires: day of 20 *Please Note: Only complete andi notarize as many signature statements as there arel land owners. Updated 2/16/16 2 NORTH CAROLINA CONSERVATION AGREEMENT FOR ENHANCED VOLUNTARY AGRICULTURE DISTRICT (EVAD) PROGRAM OF THE Stanly County ("County") and the undersigned real property owner (s) ("Owner") enter into this Conservation Agreement for Enhanced Voluntary Agriculture District covering the property described in The parties understand and agree that this Agreement is being entered into to protect farmland, horticultural land and/or forestland in Stanly County as contemplated by Article 61 of Chapter 106 ofthe North Carolina General Statutes and the Stanly County Voluntary Agricultural District and Enhanced Voluntary Agricultural District Ordinance and to permit such property to qualify for the benefits granted During the term of this Agreement, Owner agrees to prohibit non-farm use of Owner's property subject to this Agreement except as permitted by the above laws and ordinances, which Owner COUNTY OF STANLY the VAD/EVAD application. by these laws and ordinances. acknowledges, Owner has read and is familiar with. This Agreement is IRREVOCABLE by Owner for a period of ten (10) years from the date ofi its execution and is automatically renewed, if not terminated, for additional three (3) year period(s) as provided by the above laws and ordinances. Notice of non-renewal by either the Owner or the County may be given to the other party in writing at any time prior to the date of renewal. County may revoke this Agreement at any time if the Owner is noncompliant with this Agreement or the above laws and ordinances. Such revocations shall result in loss of qualifying farm status. This Agreement shall be binding upon all successors in interest to the Owner, except for successors in interest resulting from the exercise of rights under a security interest or lien that preceded this Agreement. The County may seek from Owner the costs of any legal action, including but not limited to attorney fees, brought by the County in order to obtain injunctive relief and/or damages in addition to any legal rights the County has under this Agreement, the Stanly County Voluntary Agricultural District and Enhanced Voluntary Agricultural District Ordinance, or applicable law. IN WITNESS, the parties have signed this Agreement on the dates indicated in the signature acknowledgments. COUNTY OWNER BY: Chair, Agricultural Advisory Board OWNER STATE OF NORTH CAROLINA COUNTY OF Personally appeared before me this day who acknowledged the due execution of the foregoing North Carolina Conservation Agreement for Enhanced Voluntary Agricultural District Program oft the County of Stanly for the purposes therein expressed. WITNESS my hand and notarial seal, this day of 20 Notary Public My Commission Expires: STATEOF1 NORTH CAROLINA COUNTY OF Personally appeared before me this day. who acknowledged the due execution of the foregoing North Carolina Conservation Agreement for Enhanced Voluntary Agricultural District Program of the County of Stanly for thej purposes therein expressed. WITNESS my hand and notarial seal, this day of_ 20 Notary Public My Commission Expires: STATE OF NORTH CAROLINA COUNTY OF I,. that al Notary Public, for said County and State, dol hereby certify personally came before me this day and acknowledged that he/she is Chairperson, Agricultural Advisory Board and acknowledged on behalf of Stanly County, the due execution of the foregoing North Carolina Conservation Agreement for Enhanced Voluntary Agricultural District Program ofthe County of Stanly. This Notary Public My Commission Expires: day of 20 *Please Note: Only complete and notarize asi many signature statements ast there arel land owners. Updated 2/16/16 2 Stanly County Voluntary Agricultural District 26032-C Newt Road Albemarle, North Carolina 28001 704-986-3059 MINUTES March 16, 2016 8:00 a.m. Meeting # 2 Voluntary Agricultural District Advisory Board Stanly County Agri Civic Center Members Present: Chester Lowder, Chairman Terry Blalock, Vice Chairman Frank Lee Curtis Furr Ronnie Burleson Doug Bowers Others Present: Rita Little, Stanly SWCD Admin. Asst. Lori Ivey, Cooperative Extension Director Chairman Lowder declared a quorum and called the meeting to order. Terry Blalock opened with Terry Blalock made ai motion to approve the minutes of the meeting held September 9, 2015. The The Board considered the new application which includes application for the Enhanced Voluntary Agricultural District (EVAD) and also the conservation agreements for both the VAD and the EVAD programs. Chairman Lowder pointed out the basic difference being that the EVAD Agreement is irrevocable for ten years and is automatically renewed, if not terminated, for three additional years. The VAD Agreement is for a period of ten years and is automatically renewed, if not terminated, for an additional ten years. Lori Ivey pointed out that everyone already in the VAD program will be required to sign the appropriate conservation agreement. The Board reviewed the final draft of the VAD/EVAD Ordinance. Lori Ivey noted the following prayer. motion was seconded by Ronnie Burleson. The motion carried. changes: The term "present use value" in Article IX, Section A, Clause 1 was replaced with InA Article IX, Section A, Clause 2"Advisory Board" was replaced with "County". Article XI, Section BI N-N N.C.G.S. $143-215.74(b) was corrected to read "real property that is engaged in agriculture". N.C.G.S. $ 106-850(b) Chairman Lowder pointed out that the verbiage of this ordinance tracks the current language in the state'sn model ordinance. Chairman Lowder asked for the pleasure oft the Board on the matter of presenting the package of the Ordinance, VAD Conservation Agreement, and the EVAD Conservation Agreement to the County Commissioners for approval. Curtis Furr made a motion to present the package to the Commissioners. Frank Lee seconded. The motion carried unanimously. Lori Ivey accepted Chairman Lowder's request to make the presentation to the County Commissioners on April 4#. The Board discussed planning an event to promote awareness of the VAD/EVAD program and to provide an opportunity for those already enrolled in the VAD program to sign a VAD or EVAD Conservation Agreement. It was agreed to make plans for this at the next meeting. A new applicant requesting participation in the VAD program was reviewed. A motion to recommend the application for approval by County Commissioners was made by Curtis Furr and seconded by Frank Lee. Motion carried. Lori Ivey agreed to contact the applicant concerning The next meeting will be April 4th after the 7:00 p.m. Commissioner's meeting at the Stanly With no further business, Ronnie Burleson made a motion to adjourn. Terry Blalock seconded. possible EVAD participation pending the approval oft the EVAD ordinance. County Commons. Motion carried to adjourn at 9:05 am. Respectfully submitted, Rita Little AdminstativeEducation Coordinator Approved by the Board of Supervisors on Chester Lowder Board Chairman Stanly County Board ofCommissioners STANIY) COUNTY Meeting Date: April 4, 2016 4 Presenter: Andy Lucas Waten Arlads Saccer. Consent Agenda' Regular Agenda Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD L 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 to use the Document Camera and zoomi into a particular area, ifp possible please attach a copy oft the document with the areai indicated Please Provide: al Brief Description of your Presentations format: that your need toz zoom into. AI laser lighti is available top pinpoint your area of projection. *** You can! bringi inal laptop that will allow video out to be connected att thel lectern- set display to 60Mhz. for County Employees. ITEM' TOBE CONSIDERED Commission on ABC Permit Applications Designation ofa County Official to Make Recommendations to the NC Alcoholic Beverage Control G.S. $18B-904(f) authorizes a governing body to designate an official to make recommendations to the NC. ABC Commission concerning the suitability of persons or locations for ABC permits within the County. The County must notify the NC. ABC Commission ofits designation as required by G.S. $18B- 904(f). Review and consider approval oft the attached resolution designating the County Manager as the official ton make recommendations to the NC. ABC Commission on ABC permit applications. Signature: Date: Dept. Attachments: Yes X Certification of Action Certified to be a true copy oft the action taken by the Stanly County Board of Commissioners on No Review Process A Approved Yes No Initials Finance Director County Attorney County Manager Other: Budget Amendment Necessary Tyler Brummitt, Clerk to the Board Date NORTH CAROLINA (919) 779-0700 ALCOHOLIC BEVERAGE CONTROL COMMISSION Location: 400 E. Tryon Road Mail: 4307 Mail Service Center Raleigh, NC27699-4307 Raleigh, NC27610 RESOLUTION OF THE COUNTY OF STANLY REGARDING THE DESIGNATION OF AN OFFICIAL TO MAKE RECOMMENDATIONS TOTHE NORTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION ON ABC PERMIT WHEREAS, G.S.18B-904() authorizes a governing body to designate an official, by name or by position, to make recommendations concerning the suitability of persons or locations APPLICATIONS. for ABC permits; and WHEREAS, the County of Stanly wishes to notify the NC. ABC Commission ofits BE: ITTHEREFORE RESOLVED that the County Manager is hereby designated to notify the North Carolina Alcoholic Beverage Control Commission oft the recommendations of the County of Stanly regarding the suitability of persons and locations for ABC permits within designation as required by G.S.18B-904(); its jurisdiction. BEITF FURTHER RESOLVED that notices to the County of Stanly should be mailed or delivered to the official designated above at the following address: Mailing address: 10001 North 1st Street, Suite 10; Albemarle, NC: 28001 Office location: 1000 North 1St Street, Suite 10 City: Albemarle, NC Zip Code: 28001 Phone #: (704)986-3600 This the day of April, 2016. Terry Scott Efird, Chairman Stanly County Board of Commissioners Sworn to and subscribed before me this the day of April, 2016. Tyler Brummitt Clerk to the Board Revised 10/19/2007 Stanly County Board ofCommissioners Meeting Date April4, 2016 5 STANL)COUNTY Consent Agenda Regular Agenda WaterArlads Sarcer. Presenter: Commissioner Peter Asciutto ITEM TO BE CONSIDERED FY 16-17 Public School Funding Discussion Commissioner Asciutto is seeking to engage the Board in a discussion regarding public school funding forF FY 16-17. Discussion and consideration ofCommissioner. Asciutto': s agenda item. Signature: Date: 3/31/2016 Dept Governing Body Attachments: Yes Certification of Action Certified tol be a 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 Stanly County Board of Commissioners STANLY) COUNTY Meeting Date: April 4, 2016 lo Presenter: Chairman Efird Watr AnluSecer. 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 ** Ifyoul have need to use the Document Camera and: zoomi into a particular area, ifp possible please attacha a copy of the document with the: areai indicated Please Provideal Brief Description of your Presentations format: that you need toz zoom into. AI laser lighti is available top pinpoint your area of projection. *** You canl bring ins a laptopt that will: allow video out tol be connected at the lectern- set display to 60Mhz. for County Employees. ITEM TO BE CONSIDERED CONSENT AGENDA A. Minutes - Regular meeting of March 21, 2016. Request approval of the above item as presented. Signature: Date: Dept. Attachments: Yes Certification of Action Certified to bea 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 STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES MARCH 21, 2016 COMMISSIONERS PRESENT: T.Scott Efird, Chairman Bill Lawhon, Vice Chairman Peter Asciutto Joseph Burleson Tony Dennis Janet K. Lowder Gene McIntyre STAFF PRESENT: Andy Lucas, County Manager Jenny Furr, County Attorney Tyler Brummitt, Clerk CALLTO ORDER The Stanly County Board of Commissioners (the "Board") met in regular session on Monday, March 21, 2016 at 7:00 p.m. in the Commissioners Meeting Room, Stanly Commons. Chairman Efird called the meeting to order and Commissioner Dennis led a moment of silence and the pledge of allegiance. APROVAL/ADIUSIMENIS TO THE AGENDA With no amendments to the agenda, Commissioner Burleson moved to approve it as presented. Commissioner Mcintyre seconded the motion which passed by unanimous vote. TEM#1-SOUTHSDE VOLUNTEER FIRE DEPARTMENT REFINANCING Presenter: John Howell, Chairman of the Board Mr. Howell addressed the Board stating that Southside Volunteer Fire Department intends to refinance the existing building debt and borrow additional funds to purchase two (2) new pumper trucks. The maximum loan amount will be $820,000 with payments set for a twenty (20) year term at a fixed rate. Per IRS code 1986, Section 147(f), a public hearing is required to receive public comment in addition to obtaining Board approval of the resolution of support since the loan will be obtained on a tax-exempt basis. Mr. Howell noted that the purchase ofa new pumper truck will also aid in lowering the insurance rating for the community served by the fire department. Page 1of5 Prior to any Board action, Chairman Efird requested that Commissioner Lawhon be excused from voting due a conflict of interest. Commissioner Burleson moved to approve the request and was seconded by Commissioner Mcintyre. The motion carried by a 6-Ovote. After a brief period of questions from the Board, Chairman Efird declared the public hearing open. With no one coming forward to speak for or against, the public hearing was closed. By motion, Commissioner Dennis moved to approve the resolution to approve Southside Volunteer Fire Department's request to refinance on a tax-exempt basis. The motion was seconded by Commissioner Lowder and passed by unanimous vote. See Exhibit A Resolution Approving the Refinancing by Southside' Volunteer Fire Department of up to $820,000 for the Purpose of Refinancing al Building and Purchase of Two (2) New Pumper Trucks ITEM#2-PROCLAMATION "SEXUAL ASSAULT AWARENESS MONTH APRIL2016" Presenter: Dr.Janice Dunlap, President of the Board of Directors for Esther House Dr. Dunlap took ai few moments to provide al brief review of Esther House's mission followed by ar request for the Board'sconsideration in adopting the proclamation. Commissioner Dennis. The motion carried witha7-Ovote. Commissioner Asciutto moved to approve the proclamation as requested and was seconded by See Exhibit B Proclamation Sexual Assault Awareness Month April 2016 ITEM#3-AWARD OF THE COUNTY. AUDITING SERVICES CONTRACT FOR FY 2015-16 Inr response to an RFP for the county's FY 2015-16 auditing services, the Finance Department received two (2) bids - one from Martin Starnes & Associates and a second from Thompson, Price, Scott, Adams & Company. The bid from Martin Starnes & Associates is $49,000 versus $45,950 from Thompson's. The Finance Director noted that although Thompson's bid was less, the cost to train Finance staff in the different methods used by them would increase the overall cost by approximately $1,500. Staff recommendation was to continue with Martin Starnes & Associates due to the minimal difference in cost and also factoring in the training/reporting changes that will take place in FY 15-16. It was noted that in negotiations for the FY 16-17 Presenter: Toby Hinson, Finance Director Page 2of5 auditing contract should Martin Starnes not reduce their price, staff will be inclined to recommend a change at that time. After a brief period of questions from the Board, Commissioner Mcintyre moved to award the auditing services contract to Martin Starnes & Associates for FY 2015-16. The motion was seconded by Commissioner Dennis and passed by a 6-1vote. (Commissioner Asciutto voted against.) CONSENT AGENDA A. Minutes - Regular meeting of March 7, 2016 B. Finance - Request acceptance of the Monthly Financial Report for Eight Months Ended . ( Central Administration - Request approval oft the enclosed Fair Housing Plan update for the D.F Facilities - Request approval of the attached list of vehicles be declared as surplus and sold E. Sheriff's Office - Request of the updated Sheriff's Office Reçords Retention & Disposition F. Utilities - Accept the loan offer and approve the associated resolution for the Phase One February 29, 2016 2012 Scattered Site Housing Grant (#12-C-2430) on GovDeals. Schedule. Airport Corridor Project. Commissioner Dennis moved to approve the consent agenda as presented and was seconded by Commissioner Lawhon. The motion carried by unanimous vote. PUBLICCOMMENT Anthony Graves of Albemarle began by noting a recent article int the Stanly News and Press related tot the School Board's lingering decision regarding school closures. He requested the Board consider making a statement to announce their plans to do nothing and allow the School Board to move forward with Plan B as he believes they will, or commit to providing the funding needed by the schools for next year which will allow the incoming School Board membersto focus on other issues. Lane Burris of Locust expressed his concerns with the current Board members and their lack of ethics noting one commissioner in particular for this reason. GENERAL COMMENTS, ANNOUNCEMENTS & COMMITTEE REPORTS Page 3 of5 Commissioner Asciutto stated that he voted against the award oft the county auditing services contract to Martin Starnes & Associates because the difference is cost is needed to fund other areas such as education. He then stated that with the % cent sales tax referendum not passing for the second time and the incoming commissioners and school board members that prefer to keep community schools open rather than consolidate and reinvest those funds into education, we cannot continue to blame the School Board because children choose other options (charter schools, home schooling and online classes) for their education. Education has changed over time just as other industries have with more opportunities available to them and is all the more reason to consolidate schools to be more efficient with county dollars. Also in response to Commissioner Burleson's previous comments during a radio address related toc commissioners wages, he invited Commissioner Burleson to participate with him on a task force to conduct a pay study of county commissioners as a way of possibly reducing costs and Commissioner Dennis stated that the radar at the airport is now up and running and can saving county tax dollars. provide guidance to aircraft in any type of weather. Commissioner Burleson provided a brief review of the recent election results noting that candidates in support of community schools received 39,960 votes as opposed to those in favor of school consolidation which received 20,239 votes. He then stated with the issues the County has faced in recent years which have caused a division among its citizens, nowi is the time to put the politics behind us for the betterment of everyone. Commissioner Burleson stated that he, Chairman Efird, Commissioner Dennis and the Center Rural Fire Department Board of Directors members recently met with representatives of the state auditors' office who have cleared the fire department of any wrong doings as previously alleged. Commissioner Burleson reminded everyone of the National Wildlife Turkey Federation Banquet on Friday, March 25h and encouraged support oft the event. Chairman Efird wished everyone a Happy Easter. CLOSED SESSION Commissioner Lowder moved to recess the meeting into closed session in order to discussa personnel issue in accordance with G.S. 143-318.11(a)6). Her motion was seconded by Commissioner Dennis and passed by unanimous vote at 7:33 p.m. Page 4 of5 ADJOURN With no further discussion, Commissioner Lawhon moved to adjourn the meeting and seconded by Commissioner Burleson. Motion carried with a7-Ovote at 8:20 p.m. Terry Scott Efird, Chairman Tyler Brummitt, Clerk Page 5of5