NC - Burke: BOARD OF COMMISSIONERS

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BOARD OF COMMISSIONERS

Agenda Outline

2020 02 18 BOC REGULAR MEETING AGENDA OUTLINE.PDF

Agenda Full Version

2020 02 18 BOC REGULAR MEETING AGENDA FULL VERSION 2.PDF

Unifour Regional Hazard Mitigation Plan

Tagged Passions:disaster management

UNIFOUR_DRAFT_202-01-14 RFS.PDF

In accordance with ADA regulations, persons in need of an accommodation to participate in the meeting should notify the County Manager s office at

828-764-9350 at least forty -eight (48) hours prior to the meeting.
Tagged Passions:regulation, disability, administrator, and manager

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Documents:

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Documents:

Burke County Board of Commissioners

Regular Meeting Comm. Meeting Room

Tuesday, February 18, 2020 6:00 PM

Page 1

1. CALL TO ORDER 2. INVOCATION

Pastor Ed Stephenson, Arneys Fairview United Methodist Church

Tagged Passions:church

3. PLEDGE OF ALLEGIANCE Girl Scout Troop 2729, Green St. Presbyterian Marla Patchel, Troop Leader

4. APPROVAL OF AGENDA 5. APPROVAL OF MEETING MINUTES

1. July 2, 2019 Pre-Agenda Meeting 2. July 16, 2019 Regular Meeting 3. August 6, 2019 Pre-Agenda Meeting 4. August 6, 2019 Special Meeting

6. PRESENTATIONS 1. AS - Pet of the Month - Presented by Kaitlin Settlemyre, Animal Services Director 2. TDA - Financial Update for the Period Ending

Dec. 31, 2019 - Presented by Ed
Tagged Passions:finance, pets, services, and animal control

Phillips, TDA Director

7. SCHEDULED PUBLIC HEARINGS - NONE 8. INFORMAL PUBLIC COMMENTS

Tagged Passions:hearing

Each speaker is limited to three (3) minutes. Please sign in with the Clerk prior to the meeting.

9. CONSENT AGENDA 1. BCPS - Presentation of Financial Data for the Period Ending Dec. 31, 2019 2. COM - Easement Agreement for Morganton Greenway 3.

BCECC - Communications 911 Phone Hardware Refresh Lease Agreement 4. FM - Hazard Mitigation Plan - Resolution 5. Finance - County Financial Report for the Period Ending December 31, 2019 6. JCPC- Funding Allocation Revision for Raise the Age Expansion Funds 7. JCPC- Funding Policy Revision 8. Tax Dept. - Tax Collection Report for January 2020 9. Tax Dept. - Release Refund Report for January 2020 10. Tax Dept. - Order to Advertise 2019 Delinquent Real Property Taxes 11. WPCC Presentation of Financial Data for the Period Ending Dec. 31, 2019
Tagged Passions:funding, finance, leasing, expansion, 911, taxes, Taxes, advertising, parks, communications, property, policy, Communications, financial report, disaster management, property tax, and easement

Page 2

10. ITEMS FOR DECISION 1. Clerk - Appointment/Removal to Burke Co. Planning Board - Presented by Kay

Tagged Passions:planning and appointments

Draughn, Clerk to the Board 2. BOC - Resolution Declaring Burke County, North Carolina A Constitutional Rights

Protected County - Presented by Johnnie Carswell, Chairman 3. Co. Mgr. - Education Benefit for Detention Officers - Presented by Bryan Steen,

Tagged Passions:education and detention

County Manager

Tagged Passions:administrator and manager

11. REPORTS AND COMMENTS 1. County Manager - 2019 Summary of Accomplishments - Presented by Bryan Steen,

Tagged Passions:administrator and manager

County Manager 2. BOC - Reports Comments - Presented by Johnnie Carswell, Chairman

Tagged Passions:administrator and manager

12. VACANCY ANNOUNCEMENTS 1. Clerk - Boards and Committees Vacancy Report - Presented by Kay Draughn, Clerk to

the Board

13. CLOSED SESSION 1. BOC - Closed Session to Discuss Threatened or Pending Litigation, to Preserve the

Tagged Passions:legal

Attorney-Client Privilege, to Discuss Economic Development Matters and to Discuss Personnel Matters (If needed.) - Presented by Johnnie Carswell,

Chairman
Tagged Passions:legal, economic development, development, personnel, and Development

14. ADJOURN ________________________________________________________________________________________________________ In accordance with ADA

regulations, persons in need of an accommodation to participate in the meeting should notify the County Manager s office at 828-764-9350 at least forty-eight (48) hours prior to the meeting.
Tagged Passions:regulation, disability, administrator, and manager

Burke County Board of Commissioners

Regular Meeting Comm. Meeting Room

Tuesday, February 18, 2020 6:00 PM

Page 1

1. CALL TO ORDER

2. INVOCATION

Pastor Ed Stephenson, Arneys Fairview United Methodist Church

Tagged Passions:church

3. PLEDGE OF ALLEGIANCE

Girl Scout Troop 2729, Green St. Presbyterian

Marla Patchel, Troop Leader

4. APPROVAL OF AGENDA

5. APPROVAL OF MEETING MINUTES

1. July 2, 2019 Pre-Agenda Meeting

2. July 16, 2019 Regular Meeting

3. August 6, 2019 Pre-Agenda Meeting

4. August 6, 2019 Special Meeting

6. PRESENTATIONS

1. AS - Pet of the Month - Presented by Kaitlin Settlemyre, Animal Services Director

Tagged Passions:pets, services, and animal control

2. TDA - Financial Update for the Period Ending Dec. 31, 2019 - Presented by Ed Phillips, TDA Director

Tagged Passions:finance

7. SCHEDULED PUBLIC HEARINGS - NONE

Tagged Passions:hearing

8. INFORMAL PUBLIC COMMENTS

Each speaker is limited to three (3) minutes. Please sign in with the Clerk prior to the meeting.

9. CONSENT AGENDA

1. BCPS - Presentation of Financial Data for the Period Ending Dec. 31, 2019

Tagged Passions:finance

2. COM - Easement Agreement for Morganton Greenway

Tagged Passions:parks and easement

3. BCECC - Communications 911 Phone Hardware Refresh Lease Agreement

Tagged Passions:leasing, 911, communications, and Communications

4. FM - Hazard Mitigation Plan - Resolution

Tagged Passions:disaster management

5. Finance - County Financial Report for the Period Ending December 31, 2019

Tagged Passions:finance and financial report

6. JCPC- Funding Allocation Revision for Raise the Age Expansion Funds

Tagged Passions:funding and expansion

7. JCPC- Funding Policy Revision

Tagged Passions:funding and policy

8. Tax Dept. - Tax Collection Report for January 2020

Tagged Passions:taxes and Taxes

9. Tax Dept. - Release Refund Report for January 2020

Tagged Passions:taxes and Taxes

10. Tax Dept. - Order to Advertise 2019 Delinquent Real Property Taxes

Tagged Passions:taxes, Taxes, advertising, property, and property tax

11. WPCC Presentation of Financial Data for the Period Ending Dec. 31, 2019

Tagged Passions:finance

Page 2

10. ITEMS FOR DECISION

1. Clerk - Appointment/Removal to Burke Co. Planning Board - Presented by Kay Draughn, Clerk to the Board

Tagged Passions:planning and appointments

2. BOC - Resolution Declaring Burke County, North Carolina A Constitutional Rights Protected County - Presented by Johnnie Carswell, Chairman

3. Co. Mgr. - Education Benefit for Detention Officers - Presented by Bryan Steen, County Manager

Tagged Passions:administrator, manager, education, and detention

11. REPORTS AND COMMENTS

1. County Manager - 2019 Summary of Accomplishments - Presented by Bryan Steen, County Manager

Tagged Passions:administrator and manager

2. BOC - Reports Comments - Presented by Johnnie Carswell, Chairman

12. VACANCY ANNOUNCEMENTS

1. Clerk - Boards and Committees Vacancy Report - Presented by Kay Draughn, Clerk to the Board

13. CLOSED SESSION

1. BOC - Closed Session to Discuss Threatened or Pending Litigation, to Preserve the Attorney-Client Privilege, to Discuss Economic Development

Matters and to Discuss Personnel Matters (If needed.) - Presented by Johnnie Carswell, Chairman
Tagged Passions:legal, economic development, development, personnel, and Development

14. ADJOURN

________________________________________________________________________________________________________

In accordance with ADA regulations, persons in need of an accommodation to participate in the meeting should notify the County Manager s office at

828-764-9350 at least forty-eight (48) hours prior to the meeting.
Tagged Passions:regulation, disability, administrator, and manager

July 2, 2019 (Pre-Agenda) DRAFT

Page 1

MINUTES BURKE COUNTY BOARD OF COMMISSIONERS

PRE-AGENDA MEETING

The Burke County Board of Commissioners held a pre-agenda meeting on Tuesday, July 2, 2019 at 3:00 p.m. The meeting was held in the Commissioners'

Meeting Room, Burke County Services Building, 110 N. Green Street, Entrance E in Morganton, N.C. Those present were:
Tagged Passions:Homebuilder, streets, and services

COMMISSIONERS: Johnnie W. Carswell, Chairman Scott Mulwee, Vice Chairman Wayne F. Abele, Sr. Jeffrey C. Brittain Maynard M. Taylor

STAFF PRESENT: Bryan Steen, County Manager Margaret Pierce, Deputy County Manager/Finance Director J.R. Simpson, II, County Attorney Kay Honeycutt

Draughn, Clerk to the Board
Tagged Passions:finance, legal, administrator, manager, and body art

CALL TO ORDER Chairman Carswell called the meeting to order at 3:00 p.m.

APPROVAL OF THE AGENDA On behalf of the Planning Department, Chairman Carswell asked that public hearing items one (1) and two (2), ZMA 2019-05 and

ZMA 2019-06, be moved to the August meeting to allow for additional research.
Tagged Passions:planning and hearing

Motion: To approve the agenda as amended.

RESULT: APPROVED [UNANIMOUS] MOVER: Wayne F. Abele, Sr., Commissioner AYES: Johnnie W. Carswell, Scott Mulwee, Jeffrey C. Brittain, Wayne F. Abele,

Sr., and

Maynard M. Taylor

PRESENTATIONS

EMS - BURKE COUNTY EMS AWARDED THE AMERICAN HEART ASSOCIATION'S MISSION LIFELINE GOLD PLUS AWARD FOR SECOND YEAR IN A ROW EMS Major Jason Black

presented information regarding the Mission Lifeline Gold Plus Award as follows:
Tagged Passions:EMS

For the second year in a row, Burke County EMS has received the American Heart Association s Mission: Lifeline EMS Gold Plus Award for implementing

quality improvement measures for the treatment of patients who experience severe heart attacks. The EMS Gold Plus Award is the highest honor given.
Tagged Passions:EMS

Further, Major Black said this is a prestigious award that recognizes all emergency responders and that a full presentation will be made at the Board

s regular meeting.
Tagged Passions:recognition and emergency

Commissioner Taylor said this is a great honor for Burke County EMS and commended Major

Tagged Passions:recognition and EMS

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July 2, 2019 (Pre-Agenda) DRAFT

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Black and the EMS staff.

Tagged Passions:EMS

RESULT: MOVED WITHOUT OBJECTION TO THE NEXT MEETING: JULY 16, 2019 AT 6:00 PM

SCHEDULED PUBLIC HEARINGS

Tagged Passions:hearing

COMM. DEV. - ZONING MAP AMENDMENT ZMA 2019-05 PUBLIC HEARING - 6:00 P.M.

Tagged Passions:zoning and hearing

RESULT: MOVED WITHOUT OBJECTION TO THE FOLLOWING MEETING: AUGUST 6, 2019 AT 3:00 PM (REFERENCE: APPROVAL OF THE AGENDA)

COMM. DEV. - ZONING MAP AMENDMENT ZMA 2019-06 PUBLIC HEARING - 6:00 P.M.

Tagged Passions:zoning and hearing

RESULT: MOVED WITHOUT OBJECTION TO THE FOLLOWING MEETING: AUGUST 6, 2019 AT 3:00 PM (REFERENCE: APPROVAL OF THE AGENDA)

COMM. DEV. - ZONING MAP AMENDMENT ZMA 2019-07 PUBLIC HEARING - 6:00 P.M. Peter Minter, Senior Planner, presented information regarding ZMA 2019-07 as

follows:
Tagged Passions:zoning and hearing

Staff has received a rezoning application from Landdaly, LLC to rezone a 1.55- acre portion of one (1) parcel of land totaling 30.47 acres. The

request is to rezone the portion of property from its current zoning of Low-Density Conservation (CD-L) to the Residential One (R-1) zoning district. The parcel is also within the Lake Overlay District.
Tagged Passions:zoning, Conservation, and property

REQUEST Staff has received a rezoning application from Landdaly, LLC to rezone a portion of one (1) parcel of land totaling 30.47 acres. The request

is to rezone the portion of property from its current zoning of Low-Density Conservation (CD-L) to the Residential One (R-1) zoning district. The parcel is also within the Lake Overlay District.
Tagged Passions:zoning, Conservation, and property

SITE ANALYSIS The parcel is described as follows: The 911 address of the parcel is 5752 Benfield s Landing Rd. Nebo, NC. The parcel is further

identified in county records as (PIN 1753048515 and REID 16986). The existing land uses on the property consist of a commercial Recreational Vehicle Park and Commercial Marina. The property has approximately 5,478 linear feet of shoreline on Lake James. The applicant requests to rezone a 1.55-acre portion on the southern end of the 30.47-acre property. The portion of property to be rezoned is vacant. The property is located within a WS-IV-C Water Supply Watershed and is within the West End Fire District. The parcel is located within the Linville Township of Burke County along Benfield s Landing Rd. (SR 1234) within the Lake Overlay District.
Tagged Passions:911, utility, Utility, fire departments and districts, zoning, water, watershed, parks, property, commercial, and recreation

SURROUNDING AREA

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July 2, 2019 (Pre-Agenda) DRAFT

Page 3

The property is located directly on Lake James between two residential subdivisions. There is a commercial store and boat sales lot across the street

from the property. The other uses in the area are residential, agricultural and vacant land.
Tagged Passions:streets, sale, agriculture, subdivision, boating, property, and commercial

Existing Zoning and Land Uses within the Surrounding Area Current Zoning Existing Land Uses North R-1 / G-B Residential subdivisions / Commercial

boat storage South R-1 Residential subdivisions / Vacant land East Lake James Recreation / Hydroelectricity West G-B / R-1 / CD-L Small businesses / Vacant land / Commercial nursery
Tagged Passions:business, zoning, subdivision, boating, small business, commercial, Hydro Power, and recreation

The Existing Land Use Map and the 2018 aerial photo also provide a visual representation of the existing land uses in the area. The current Zoning

Map shows where the current zoning districts are located.
Tagged Passions:zoning

The Existing Land Use Map above shows this property as a Commercial use. A RV Park open to the public is a commercial use. Commercial campgrounds and

RV parks are allowed within the Low-Density Conservation District. The Existing Land Use Map also shows the single-family residential uses in yellow and the West End Fire Dept. in blue (Office Institutional) zoning. The white parcels indicate vacant land.
Tagged Passions:zoning, Conservation, parks, property, and commercial

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CONFORMITY WITH THE COMPREHENSIVE PLAN The current land use plan for Burke County is the 2016-2030 Blueprint Burke Strategic Land Use Plan. The

parcel is located on the fringe of a Lake James Special Planning Area . The Plan depicts this area as having natural and environmental resources which make this planning area a center for outdoor recreation. The Plan also mentions the existing major subdivision located within this area. The Plan recommends a balanced approach to growth. The area s natural resources should be a main focus when considering new large-scale development.
Tagged Passions:planning, strategic, development, subdivision, environment, Development, property, growth, and recreation

The Future Land Use Map shows the entire area located within the Lake James Special Planning Area at this interchange. This is because there is a

considerable amount of existing Industrial zoned land in this area.
Tagged Passions:planning, industrial, and zoning

This space is intentionally left blank.

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July 2, 2019 (Pre-Agenda) DRAFT

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CONFORMITY WITH THE BURKE COUNTY ZONING ORDINANCE The current zoning district for this parcel is Low-Density Conservation. The Low-Density

Conservation District (C-DL) is primarily designed to prevent large numbers of housing units from impacting rural landscapes or environmentally sensitive areas. Developers shall locate structures on appropriate portions of the landscape utilizing a maximum density calculation of one unit per 3.5 acres of total project area.
Tagged Passions:rural, ordinance, zoning, Conservation, property, buildings and grounds, and housing

Land use studies performed back in the early and mid-2000 s recognized the potential for development in the area and recommended rezoning much of the

lands surrounding Lake James to a conservation type zoning in order to protect not only the natural scenic beauty of the area, but to also protect the water quality of the lake as well. Land use regulations requiring larger lot sizes, building envelopes, and maximum built-upon area per lot were adopted by the county. The Current Zoning Map below shows that much of the land area surrounding Lake James is either Low-Density Conservation District or Estate Lot Conservation District zoning. The other predominant zoning district is the Residential One (R-1) District. Although this district does not have the same large lot size requirements, it is the most restrictive residential district from a Permittable and Permissible use standpoint.
Tagged Passions:Homebuilder, regulation, recognition, utility, development, Utility, zoning, water, Conservation, and Development

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July 2, 2019 (Pre-Agenda) DRAFT

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STAFF COMMENTS: The 2016-2030 Strategic Land Use Plan also recognizes this area as being environmentally and naturally sensitive. Although the

proposed rezoning is for a small portion (1.55 acre) of one parcel to be rezoned to something other than conservation district, the request would change the zoning to the most restrictive residential district. Although the R-1 district is primarily established for residential uses, this district does allow certain commercial uses as well. Even if the rezoning were to be approved, development of this area would present various challenges. Any structure would have to meet all required zoning standards. There is a sixty-five (65) foot lake setback, a thirty (30) foot front/road setback, and ten (10) foot setbacks from each side property line. Additionally, the land has some fairly steep topography. The zoning ordinance states that no building envelope may be created which is greater than twenty- five percent (25 ) slope. Only a surveyor can truly determine the actual slope. That determination would have to be made before any development permit(s) could be obtained. Maps which depict the setbacks and topography are provided for review.
Tagged Passions:Homebuilder, ordinance, recognition, strategic, development, zoning, Conservation, Development, property, and commercial

Although the land would have some development challenges, staff would not oppose rezoning the property to Residential One.

Tagged Passions:development, zoning, Development, and property

PLANNING BOARD RECOMMENDATION

Tagged Passions:planning

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