Swain Data Center Moratorium Extension Vote Reset After Newspaper Notice Lapse
Board of County Commissioners • Swain CountyNovember 3, 2026
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Swain County’s plan to give its data center moratorium eight more months is back to square one. At a Nov. 3, 2026, work session, commissioners learned the Oct. 20 extension vote is invalid because the required newspaper notice did not run as statute requires, so a new vote is set for Nov. 17 after a 5 p.m. public comment period. The same session showed a county stretched on staffing and systems, with health, senior services and finance requests all pointing toward the next budget.
- Moratorium extension vote voided; redo set for Nov. 17 with 5 p.m. public comment
- Committee says an outright data center ban is illegal and targets draft ordinances in Q1
- State of Franklin seeks $18,100 for part-time staff to cut the senior meal waitlist
- Health director floats lab fee increases; board holds the date for a $10,000 Med Assist event
- Manager pitches finance software at up to $100,000 a year to replace AccountMate
Moratorium Extension Must Be Voted Again
Why it matters: Without a valid extension, the existing moratorium expires in mid-April. The moratorium committee says it needs the extra eight months to finish drafting rules for data centers and other high-impact facilities.
Where things stand: The county asked a newspaper to run the legal notice on Oct. 8, but it did not appear. The county posted notice online, on the premises and by email. Statute still requires two weeks of newspaper publication. County Manager Thomas Dills took responsibility for the lapse.
“That is the way the statute reads,” said Dills.
The item returns Nov. 17, with public comment at 5 p.m. and a separate vote afterward. Dills said it could slip to Dec. 8 if the notice fails to run again. The current board will cast the vote. Board Chair Jay Kirkland confirmed the new board takes its seats Dec. 8. Changes to the committee’s founding resolution, covering members’ terms of service and minimum meeting requirements, will be folded into the rescheduled action.
No ban, just limits: Celia Baker, the moratorium committee’s advisor, set expectations about what the county can legally do.
“We cannot simply ban an industry like that. It is illegal,” said Baker.
Instead, the committee is drafting recommended ordinances on noise, light, setbacks, pollution, water consumption and wastewater. The draft builds on Cherokee County’s draft and on material from other counties supplied by the Southern Environmental Law Center, or SELC, an environmental legal advocacy group. SELC will review the draft before the county attorney does.
The research pipeline:
- A biodiversity report goes to commissioners by the end of this week.
- Two reports on noise, light, vibration and pollution are expected in mid-November.
- Jobs research continues, and a new pollution report is starting.
- The committee is aiming for a draft ordinance in the first quarter.
The other side: Baker urged residents to come Nov. 17 to speak to the extension only, not to relitigate data centers broadly. Her message to opponents was direct.
“And for those of you in the county that do not want data centers, then you need to support the extension of the existing moratorium,” said Baker.
Decisions and stakeholder impacts: No vote was taken. Residents seeking limits on data centers now face a second public process. Prospective developers gain clarity that the county is moving toward performance standards rather than prohibition. Commissioners noted other counties have run into the same newspaper-notice problem and suggested raising it with state legislators, a sign that legal notice rules are straining small-county operations.
What’s next: Public comment at 5 p.m. Nov. 17, followed by the extension vote. If the notice fails again, the item moves to Dec. 8.
Senior Meals Request Tests County Priorities
Why it matters: About eight seniors are waiting for home-delivered meals. Funding the request would require a budget amendment midyear.
Where things stand: Lisa Loftus of State of Franklin walked commissioners through the agency’s work. Its transit service has logged more than 8,000 rides since January, and two Department of Transportation concept grants serve Nantahala and Eastern Band of Cherokee Indians students. The senior center serves about 18 congregate lunches and 55 home-delivered meals daily.
Loftus asked for two part-time employees working 16 hours a week at $15 an hour. The added staff would trim the waitlist and allow Friday hot meal deliveries.
“$18,100 would cover me for the rest of this fiscal year,” said Loftus.
The funding path: Dills explained the money would flow through the county’s special appropriation line through a budget amendment. He added that next year’s request would be larger, meaning a yes now carries recurring cost.
Decisions and stakeholder impacts: No vote was taken. Kirkland said the part-time cost looked like good value but framed the decision plainly.
“It just comes down to priority,” said Kirkland.
Homebound seniors and their families have the most at stake. If the request is funded, it would add capacity without full-time benefit costs.
What’s next: Any funding would come back as a budget amendment at a future meeting.
Health Department Floats Fee Hikes as State Aid Lags
Why it matters: The Health Department receives less than $400,000 a year from the state against more than $1 million in salary costs. County leaders framed fees as a way to ease the property tax burden.
Where things stand: Health Director Allison Tucker reviewed hires, grants, environmental health permits and the chore program, which serves 17 clients with 18 more waiting. She proposed raising lab test fees above the lab contract price, for example from $6.99 to $10.50. The department already charges a $30 draw fee and is working toward billing insurance.
“It’s up to you whether you want to leave the prices as they are, raise them as proposed, or even double them,” said Tucker.
Dills asked how the fees compare with those in surrounding counties and called insurance billing low-hanging fruit. He tied the issue to the department’s budget gap.
“We’re going to be $1 million in the hole every year on July 1st,” said Dills.
Med Assist: The prescription assistance event serves 800 to 1,000 people each time and costs $10,000. Dills said a budget amendment would be needed if the money cannot be found in the existing line item. Commissioners told Tucker to book the date.
Decisions and stakeholder impacts: A commissioner asked to review the fees until the next meeting, so no fee change was adopted. Patients would pay a few dollars more per test if the proposal passes. Insurance billing could shift some costs off both patients and taxpayers.
What’s next: The fee proposal returns at the next meeting. A possible $10,000 amendment for Med Assist may follow.
Manager Wants to Retire AccountMate
Why it matters: The county has no finance officer and lacks real-time budget data heading into an audit and next year’s budget.
Where things stand: Dills said auditors are to be scheduled for the Nov. 17 meeting. In the meantime, the county is working with staff from the N.C. Association of County Commissioners while it seeks a finance officer or a contract arrangement. He called the current AccountMate software inadequate and proposed evaluating integrated systems. Those systems would offer pre-audit controls, which block spending that lacks budget authority, along with workflows for purchase orders, HR and payroll.
“You’re talking at the most $90,000 to $100,000 per year,” said Dills.
Two commissioners voiced agreement. Dills also said commissary money had not been budgeted as revenue. He favors moving it to a special revenue appropriation so the funds roll over from year to year, pending guidance from state experts.
Decisions and stakeholder impacts: No vote was taken. The upgrade would add a recurring cost for the next fiscal year in exchange for tighter spending controls and cleaner audits.
What’s next: Auditors are expected Nov. 17. A presentation on commissary funds will come later.
Minor Items
- Closed session: The board went into closed session on personnel under NCGS 143-318.11(a)(6) by show of hands; no tally was stated.
- DOT meeting: A commissioner said the Nov. 23 DOT meeting is his last and proposed bringing the manager and Mr. Jenkins, since projects are ranked on a point system.
- Foursquare site: Kirkland asked to revive plans for picnic tables and possibly restrooms with Rotary and the TDA, saying the county “need[s] to get something going with that.”
- Heating program: A commissioner offered to report back by the next meeting on the quality of heating program products.
- Public comment: Matthew Brigham, a public commenter, said he trusts the moratorium team but distrusts Duke Energy. He warned that single poles near Needmore could become large towers, as happened on the Jenkins Branch corridor, and asked whether protections exist.
Looking Ahead
The Nov. 17 meeting is the one to watch. It features public comment on the moratorium extension at 5 p.m., the redo vote and the auditors’ appearance. A new board takes its seats Dec. 8.