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MINUTES LINCOLN COUNTY BOARD OF COMMISSIONERS

MONDAY, OCTOBER 18, 2021

The Lincoln County Board of County Commissioners met on October 18, 2021, at the Commissioners Room, Administration Building, 353 N. Generals Blvd, Lincolnton, the regular place of meeting at 6:30 PM. Commissioners Present: Carrol Mitchem, Chairman Milton Sigmon, Vice-Chairman Anita McCall Cathy Davis Bud Cesena Others Present: Kelly G. Atkins, County Manager Megan Gilbert, County Attorney Amy S. Atkins, Clerk to the Board Chairman Mitchem called for a Moment of Silence and led in the Pledge of Allegiance. Commissioner Cesena asked for everyone to remember the family of Raye Watson-Smyth, who passed away. Adoption of Agenda: Chairman Mitchem presented the agenda for the Board’s approval.

AGENDA Lincoln County Board of Commissioners Meeting

Monday, October 18, 2021 6:30 PM

Lincoln County Administration Office

353 N. Generals Blvd Lincolnton, NC 28092

Call to Order – Chairman Mitchem Moment of Silence Pledge of Allegiance

1. Adoption of the Agenda

2. Consent Agenda

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a. Approval of Minutes – October 4, 2021 b. Tax Request for Releases- August 16 – September 15, 2021 c. 2022 Meeting Schedule d. Ordinance – Cat Square Parade e. CPO #1 f. Waved Fees – Lincoln County Concert

3. Planning Board Recommendations – Jeremiah Combs

4. Request from DSS to continue a position titled Employment and Training Case Manager

– Candy Stevens & Tony Carpenter

5. Beatty’s Ford Access Area Lease Agreement with Duke Energy – Jennifer Bennett

6. Lincoln Lodge 137 (Masonic Lodge) Request for Plaque Dedication at the New Courthouse – Tommy Smith

7. Request to place Charters of Freedom on County property – Ron Lewis, Mike Unruh

8. Memorandum of Agreement between the State of North Carolina and Local Governments on Proceeds Relating to the Settlement of Opioid Litigation ("MOA") – Megan Gilbert, County Attorney

9. Public Comments

10. Finance Officer’s Report

11. County Manager’s Report

12. County Commissioners’ Report

13. County Attorney’s Report

14. Vacancies/Appointments

15. Other Business Information only – no action needed - Register of Deeds Report - Property Tax Collection Report

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16. Closed Session pursuant to NCGS 143-318.11(a) (3) To consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged Adjourn

UPON MOTION by Commissioner Davis, the Board voted unanimously to adopt the agenda as presented. Consent Agenda: UPON MOTION by Commissioner Davis, the Board voted unanimously to approve the consent agenda as presented.

a. Approval of Minutes – October 4, 2021 b. Tax Request for Releases- August 16 – September 15, 2021 c. 2022 Meeting Schedule d. Ordinance – Cat Square Parade e. CPO #1 f. Waved Fees – Lincoln County Concert

Planning Board Recommendation: Jeremiah Combs presented the following: CZ #2021-6 BLBJC Properties, LLC, applicant (Parcel ID#00248) A request to rezone a 6.1-acre tract from B-N (Neighborhood Business) to CZ I-L (Conditional Zoning Light Industrial) to permit a contractor’s office and contractor’s yard. The 6.1-acre parcel is located at 3089 W. Old N.C. 150 Hwy., at the southeast corner of the intersection of W N.C. 150 Hwy, Crouse Rd, and W Old N.C. 150 Hwy, in Howards Creek Township. The Planning Board voted 8-0 to recommend approval. UPON MOTION by Commissioner Sigmon, the Board voted unanimously to adopt the Statement of Consistency and Reasonableness and to approve the rezoning as recommended by the Planning Board for CZ #2021-6 BLBJJC Properties, LLC, applicant. WSSUP #28 BLBJC Properties, LLC, applicant (Parcel ID#00248) A request for a special use permit to exceed 36% impervious surface area in the South Fork/Catawba River WS-IV Protected Area as a special nonresidential intensity allocation under the 10/70 option. The applicant is proposing contractor’s offices, equipment storage buildings, and a materials storage yard, increasing the impervious surface area of the overall development to approximately 54%. The 6.1-acre parcel is located at 3089 W. Old N.C. 150 Hwy., at the southeast corner of the intersection of W N.C. 150 Hwy, Crouse Rd, and W Old N.C. 150 Hwy, in Howards Creek Township.

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UPON MOTION by Commissioner Sigmon, the Board voted unanimously to adopt the Findings of Fact as submitted by the applicant. UPON MOTION by Commissioner Sigmon, the Board voted unanimously to approve WSSUP #28 – BLBJC Properties, LLC, applicant, based on the Findings of Fact. Request from DSS to Continue a Position Titled Employment and Training Case Manager: Candy Stevens and Tony Carpenter presented the following: The Department of Social Services is requesting to continue a position titled Employment and Training Case Manager which will be funded through September 30, 2022 with 100% Federal funding from the USDA. There is no county match. This position is responsible for the transport of Food and Nutrition Services Employment and Training (FNS E&T) participants and assisting with casework duties related to FNS E&T. This position will be responsible to work closely with community partners such as: Gaston College, Hesed House of Hope, Christian Ministry, NCWORKS, Goodwill, United Way and others. This is a support position to the FNS E&T Coordinator and will work in support of individuals receiving Food and Nutrition (FNS) benefits to engage in educational and job readiness activities in order to obtain employment or to gain a higher paying position to reduce or eliminate their need for public assistance. UPON MOTION by Commissioner McCall, the Board voted unanimously to approve the request to continue the Employment and Training Case Manager as presented. Beatty’s Ford Access Area Lease Agreement with Duke Energy: Jennifer Bennett, Recreation Planner with Duke Energy, presented the following: Beatty’s Ford Access Area Development and Leasing History

• 2004 - Lincoln County leases Beatty’s Ford Access Area with a comprehensive plan for recreational development.

• 2006 - Comprehensive Relicensing Agreement (CRA) contract is signed by Lincoln County, Duke Energy and 68 other parties. Duke Energy submits the hydro project relicensing application, including the applicable CRA conditions, to the Federal Energy Regulatory Commission (FERC) for approval.

• 2015 - FERC issues the 40-year license requiring Duke Energy to file a Recreation Management Plan (RMP) within one year.

• 2016 – Duke Energy submits the RMP to FERC including conceptual designs for access areas such as Beatty’s Ford.

• 2017 - FERC approves the RMP starting the clock on the recreation facility improvement schedule as described in the CRA and RMP.

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• 2015 – 2021 – Lincoln County leaders and Duke Energy staff work together to identify and mitigate concerns related to site improvements and develop a mutually agreeable leasing and implementation plan beneficial to Lincoln County residents and recreational users of Lake Norman.

Beatty’s Ford Access Area 2021 Activity

• February 15, 2021 – Duke Energy attends Lincoln County Commissioner meeting to discuss Beatty’s Ford Access Area improvements

• February 23, 2021 – Work group planning meeting • June 28, 2021 – Duke Energy submits intent to renew the Beatty’s Ford Access Area

lease with Lincoln County to the FERC. FERC issues acknowledgement on July 26, 2021.

• September 1, 2021 – Work group planning meeting • Lease and agreement revisions between Lincoln County and Duke Energy in 2021

include: o February 11 o March 30 o April 30 o May 7 o May 19 o May 26 o August 6 o August 9 o September 10

• October 5, 2021 – Final lease and agreement letter provided to Lincoln County

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Commissioner Cesena asked if there will be a fence between the neighborhood and parking lot. Jennifer Bennett said there will be a buffer there, but the need for a fence could be evaluated.

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Commissioner Cesena strongly recommended a fence there, whether Duke or Lincoln County builds it. Commissioner Sigmon said this has come a long way and was very complimentary to Duke Energy. He said although there are still concerns the Board looks forward to working with Duke. He asked about the opening of the park. Ms. Bennett said the swim beach facility will be completed by the end of 2022 with opening for the recreation season of 2023, with the agreed upon possibility to do reduced capacity based on improvements at Unity Church Road and 16. Chairman Mitchem asked John Davis the estimated cost to Lincoln County per year. John Davis said looking at Maintenance and staff to operate this, is between $75,000 and $100,000 with a minor increase in water, sewer and basic overhead costs. Chairman Mitchem said the citizens did not want this play beach and the Board did everything possible to make sure it did not happen. He said once it was known that the play beach would happen, the Board did everything they could to make this better than what it would have been. Commissioner McCall said their opposition was that it is a road with one entrance and one exit. She said it is not that the Board does not want more opportunities for the citizens, but felt it was a safety concern. She said once the Board found out it could not be stopped, they tried to make it as safe and the best possible. She said the Board appreciates Duke for working with the County. UPON MOTION by Commissioner Cesena, the Board voted 4 -1 (Mitchem against) to accept the Beatty’s Ford Access Area Lease Agreement with Duke Energy. Lincoln Lodge 137 (Masonic Lodge) Request for Plaque Dedication at the New Courthouse: Tommy Smith presented the following: The request is for placement of a Masonic Cornerstone Plaque at the new Courthouse, the design shown below. John Henry said he has talked with Mr. Smith concerning the Plaque. He said the Masons will need to contract with Gates Masonry to drill the holes to mount the plaque.

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UPON MOTION by Commissioner Cesena, the Board voted 4- 1 (Sigmon against) to approve the request of the Lincoln Lodge 137 (Masonic Lodge) for Plaque Dedication at the New Courthouse as presented. Request to Place Charters of Freedom on County Property: Ron Smith and David Streater, with Foundation Forward, presented a request to place Charters of Freedom on County Property to be determined. The goal of Foundation Forward is to build a Charters of Freedom setting in every county across America since not everyone has the ability to visit the original founding documents at the National Archives in Washington, DC. The Charters of Freedom should be in a location central to the community with high visibility, high foot traffic and easy access for school children and veterans. Additional educational materials are provided to local schools to encourage learning about U.S. history and civics. The funds are in place for the project and it will be at no cost to Lincoln County, unless in kind donations are provided. Mr. Smith said he will provide a Letter of Intent to be placed on a future agenda for the Board’s approval. UPON MOTION by Commissioner Cesena, the Board voted unanimously to table until the November 18, 2021 meeting.

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Memorandum of Agreement between the State of North Carolina and Local Governments on Proceeds Relating to the Settlement of Opioid Litigation (“MOA”): Megan Gilbert, County Attorney presented the following request for Approval of Board of sign on to Memorandum of Agreement between the State of North Carolina and Local Governments on Proceeds Relating to the Settlement of Opioid Litigation ("MOA"). Two (2) different federal multi-district lawsuits have been settled against multiple companies deemed responsible for the opioid crisis in the United States, for which Lincoln County has been involved. In order for North Carolina to receive maximum payout under any national settlements, the majority of counties and large municipalities need to agree to how funds should be distributed by the State to counties and municipalities, which will be accomplished by joining 100+ other counties and municipalities in signing on to the MOA. UPON MOTION by Commissioner Cesena, the Board voted unanimously to approve the Memorandum of Agreement as presented. Public Comments: Chairman Mitchem opened Public Comments. Robert Avery stated that he would like to see districting for the County Commissioners race. Teresa Dearnley said she is here in support of the Charters of Freedom. Melisa Harrison said she would love to see the Charters of Freedom in Lincoln County. Being no additional speakers, Chairman Mitchem closed Public Comments Finance Officer’s Report: Deanna Rios presented the Finance Officer’s Report. County Manager’s Report: Kelly Atkins stated that building permits are slowing, which could be a supply issue. The Employee Luncheon will be held at the Citizens Center on December 15 from 11:30 AM to 1:30 PM. The first budget workshop will be held in January. Vacancies: UPON MOTION by Commissioner Cesena, the Board voted unanimously to make the following appointments:

Appointments:

• Jury Commission o Appoint Linda Ostergaard

• Board of Adjustment

o Appoint Trent Mason Closed Session: UPON MOTION by Commissioner McCall, the Board voted unanimously to enter Closed Session pursuant to NCGS 143-318.11(a) (3) To consult with an attorney employed

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or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged The Board returned to open session and Chairman Mitchem announced that no action was taken in Closed Session. Adjourn: UPON MOTION by Commissioner Sigmon, the Board voted unanimously to adjourn. ________________________________ ____________________________________ Amy S. Atkins, Clerk Carrol Mitchem, Chairman Board of Commissioners Board of Commissioners