AtaJoint Public Hearing of the Sussex County Board of Supervisors and the Planning Commission Held at the Airfield 4-H Conference Center on Monday, March 25, 2024 at 6 pm  BOARD MEMBERS PRESENT Thomas W. Baicy, III C.Eric Fly, Sr. Alfred G. Futrell Wayne O. Jones Phyllis T. Tolliver Rufus E. Tyler, Sr. Steve D. White Kevin Bracy J.Lafayette Edmonds Elena Grinstead Dennis P. Mason Terry Massenburg Andrew Mayes Rudolph Shands Roger King STAFF PRESENT:  PLANNING COMMISSIONERS PRESENT  PLANNING COMMISSIONER ABSENT  Richard Douglas, County Administrator Danielle Powell, County Attorney Ernest Giles, Sheriff get other officers Michael Kessinger, Captain Michael Poarch, Planner Beverly H. Walkup, Planning Director Shilton R. Butts, Asst. to the County Administrator/ Clerk to the Board of Supervisors 1. Call to Order/Determine Quorum  Chairman W. Jones called the March 25, 2024 Joint Public Hearing to order for the Board of Chair Massenburg called the March 25, 2024 Joint Public Hearing to order for the Planning 1Page - Minutes of March 25, 2024 Joint Public Hearing of the Board of Supervisors and the Planning  Supervisors. Commission.  Commission Meeting    2. Overview of Process and Public Hearing Rules  Chairman Jones stated that the purpose of the March 25, 2024 meeting was to conduct a public hearing on the Blackwater solar project. As shown on the agenda, first, the applicant, Blackwater Solar, presented their application for a conditional use permit and a rezoning application to construct a 600 MW solar energy project along with a 400 MW battery energy storage system in Chairman Jones stated after the applicant's presentations, the Board and Planning Commission would then conduct the. Joint Public Hearing where those in attendance would have the opportunity toj provide their input. After everyone who wanted to speak had done so, he would close the joint public hearing. The Board and Commission may, at that time, ask questions of the applicant, consultant and staff. In addition, according to the Board's bylaws, the applicant would have a Chairman Jones stated that he didn't believe that either the Planning Commission or the Board intended to take any formal actions at the current meeting, ifs so, both sides would adjourn their  the County.  chance to response to any public comments ift they chose to do SO.  meetings.  3. Applicant Presentation make their presentation.  Chairman Jones asked the applicant, Blackwater Solar, to step forward, introduce themselves and Michael Zehner, with the Berkley Group, was in attendance. He stated that they excited to address the comments from the puDlic/communty. He noted that changes had been made to the project to make it a valuable part of the community and a really good solar project that would be worthyof Ed Rumler, with Clenera, was in attendance, as well. He stated that he was the project leader for Blackwater Solar. He stated that their Attorney and Erosion and Sediment Control Specialist were  support.  present.  There was an introduction to Clenera.  There were discussion of some of the feedback from the community and mitigation that was put in place for the Blackwater Solar project. Some of the benefits to Sussex were discussed, as well Clenera was founded in 2013. Mr. Rumler stated that Clenera has 10+ years ofe experience. They have a history of success around the country in developing solar projects. They have done 1.7 Gigawatts in Solar projects operational or in construction. They are headquartered in Boise, Idaho  as the Comprehensive Plan. Analysis.  with 135 employees.  2]P Page - Minutes of March 25, 2024. Joint Public Hearing of the Board of Supervisors and the Planning  Commission Meeting    The Blackwater Solar project information and overview were provided. The presentation noted why Sussex County to include transmission line with spare capacity; willing and private landowners and Virginia Clean Economy act. It was noted that the project size had been reduced. He discussed PD pods which are fenced in areas with panel array inside of them. Mr. Rumler stated that it's Solar PD on single access trackers which will attract the sun throughout the day to The project area is approximately 4,800 acres. It's the portion of the project that will be disturbed or within the footprints of what includes the PD technology. Of the 4,800 acres, about 85% is commercial pine plantation, Approximately 12-13% is mixed forest, with about 3% Mitigation and community engagement, and project changes were discussed. Project changes  collect energy. The energy will fed into the substation.  included:  Project Size 800MW changed to 600MW Project Area - Total Acres 9,000+ changed to 4,800  Itv was noted that 1,500 acres would be under panels which means panels would be horizontal to  the ground. Erosion /S Sediment Control & Stormwater  DEQ Mandate  DEQ Mandate  (+) Phased Construction (300 ac) (+) Increased Storm Intensity Modelling (+) Pollinator Habitat Scorecard (+) Construction Monitor  Vegetative Screen  150ft.  150ft.  Removed 1,300 acres near sensitive ecology & 4H Center Preserved forestry, open space, wetland buffers Landscaping and vegetation management plan improvements  Additional Considerations Avoid Turkey Pen Rd. during construction  Carve outs for local organizations Performance Security  Ms. Susan Seward, the former Blackwater District Board of Supervisors member for two terms, leaving the Board in December, 2023. Since leaving the Board, she has been obtained by Clenera to assist with the final push with the project. Ms. Seward stated that she very well knows what it like to sit the Board/Commissioners seat and make decisions that impact the County. Ms. Seward stated that if she was still on the Board, her decision would be to support the Blackwater Solar project because of the positive, financial impact it will have on the County for decades to come. She noted that she started her eight years on the Board opposed to Utility Scale Solar. She stated 3/P Page Minutes of March 25, 2024. Joint Public Hearing of the Board of Supervisors and the Planning  Commission Meeting    that her viewpoint had changed, because the counties now in Virginia have tremendous revenue tools to monetize these projects in a variety of ways. Tools that didn't exist when she came on the Board in 2016. Ms. Seward stated that she, along with the number of localities and the Virginia Association of Counties, have spent five plus years lobbying the General Assembly to turn these projects into economic engines/interest for rural Virginia. This project is aj prime example of that legislative success. Ms. Seward stated that everyone on the Board knows the challenges that are facing our County. The County has loss population in the last three Census counts. The largest decline occurred between 2019 and 2020 when the County's population dropped 2.7%. Between 2010 and 2020, the County shrank in population on an average of one (1%) per year. She stated since 2000, the County has lost 15% of our citizens. The dramatic drop in 2020 indicates that the population drop is accelerating. Ms. Seward stated further, the County's population is over 65 years old is 19%. The statewide average is 16.3%. The County's households that are at or below the federal poverty level are 23.5%, which is more than double the statewide average of 10.6%. Ms. Seward noted that all of the statistics were from the US Census Bureau Data. She stated that when you look at all the data in total, the County is losing residents, which means it's losing taxpayers. County capital, employees and service costs continue to rise, despite the shrinking tax base. Ms. Seward stated that Sussex is facing $20-25,000,000 in deferred maintenance costs to the Courthouse complex; the construction of two EMS Fire Stations at the northern and southern ends of the County. She stated that when she was on the Board in 2023, the Board approved a two-year EMS plan requiring full time County employed EMS staff with the acquisition of three new ambulances, totaling over $1.2 million within a 24-month timeframe. She given the County's shrinking tax base, the $130: million in revenue, generated over the 35 years of this project, would be the financial lifeline that saves this County. Ms. Seward stated that she was quoting Supervisor Fly by stating that, "We simply cannot tax our way out of this." Ms. Seward stated that despite this critical situation, there will be taxpayers who will speak to oppose this project. She stated that she could guarantee some oft these citizens are the same ones that called her during her eight years on the Board complaining about the taxes. She noted even though that two years of her serving on the Board, the County had two lowerings of the real estate rates during that time. She stated that would these same individuals tolerate a 20-40 cents per hundred tax increase year over year to raise the revenue to keep the County afloat. To raise $5 million dollars in new revenue in one tax year, the current rate would have to increase an additional 38.5 cents a hundred. Ms. Seward stated that she confirmed the numbers with Treasurer Cox. This would take the County's real estate rates to 86.5 cents per hundred. She reference Henrico and Chesterfield's real estate rates. She inquired as to whether how many farmers and timber landowners can hold on to their land.at She stated that a support factor of the project is the language in the County's current Comp Plan. Ms. Seward stated that this project satisfies all the Comp Plan guidançe. She noted that there seems to be a lot of confusion from the public on this issue. She stated that as Board members the legal difference between Comp Plan guidance and binding requirements in Zoning should be clear Ms. Seward stated that another reason to say,yes, is that soon, the General Assembly will take away, Sussex and other counties, ability to say "no". She stated that the Bills in this year's Legislative Session will involve the taking away of local siting authority for utility scale solar. It 4Page Minutes of March 25, 2024. Joint Public Hearing of the Board of Supervisors and the Planning  the rate of that taxation.  by now.  Commission Meeting    was noted that the Bills were carried over a Legislative term, which means they can be taken up at the next General Assembly session. She stated that she believes that local siting agreements will be removed if localities continue to deny projects. She noted that she was afraid that the State would turn to the Eminent Domain Process to: site Utility Scale Solar. The locality would lose their ability to negotiate the siting agreement found in the Code of Virginia, 15.2-2316.7 plus all the Ms. Seward told the County to not lose, what would become the second richest siting agreement in the Commonwealth of Virginia. She stated the final reason to say yes is the project is on timber land that would be harvest regardless. She stated that citizens will complain about the number of trees that will be lost. She noted that the Board should look at the number of tree that won't be lost, but the Board should considered all the trees that won't be cut as part of the mandatory buffer requirement. Several thousand acres will stand for 35+ years around the entirety of the project. Ms. Seward noted to put the 4,800 acres in perspective, Sussex County ranks at number 11 in the State for timber harvest by dollar value, at $9.6 million dollars for timber harvested in 2023. Sussex ranks 5th in cubic feet harvested at $28,000 in 232 cubic feet hauled in 2023. She noted it Ms. Seward stated that the Board had a fiduciary responsibility to act in the best interest of the Al handout of the presentation from Clenera was provided the Board and Planning Commission.  tools.  was documented by the Virginia Department of Forestry.  County.  4. Consultant Findings and Recommendation  Mike Zehner, Director of Planning and Community Development with the Berkley Group, Mr. Zehner reviewed two applications for Blackwater Solar, LLC Rezoning Application and the The application included two parcels: 78-A-19. and 60-A-15: for a total of 1,279 acres. The zoning  provided their presentation and recommendation they may have.  Conditional Use Permit (CUP)application. was changed from PUD to A-1. Review of Rezoning Application included:  Comprehensive Plan - Wakefield Small Area Plan  Rezoning generally aligns with the policies of the Comprehensive Plan.  Potential use and development oft the property under the PUD zoning is specifically referenced int the Comprehensive Plan; if it has been determined that there is no viability to this development, Staff is of the opinion that there is no valid basis to require the PUD zoning to The requested rezoning to A-1 is not inconsistent with policies established for this area of the 5/Page - Minutes of March 25, 2024. Joint Public Hearing of the Board of Supervisors and the Planning  remain in place. County.  Commission Meeting    Staff recommends approval. CUP Application 18 parcels Project area: 8,355 acres Developmenldisturoance area: 4,800 acres Area under panel: 4,800 acres Review of CUP Application  Solar facility (600MW), BESS (400MW), and substation & switchyard  Comprehensive Plan: Wakefield Small Area Plan  Based upon policies pertaining to the Wakefield Planning Area as part of the Wakefield Small Area Plan, and future land use designations, consideration should be given to whether the proposed project limits or encumbers anticipated residential development or uses near the Town of Wakefield, has the potential to negatively impact environmental features throughout the project area, or otherwise negatively impacts the rural character or agriculture and forestry AND Comprehensive Plan: Policies for Utility-Scale Solar Facilities and Battery Energy  uses in the area. Storage Facilities  AND Purposes of the Zoning Ordinance  A review was provided for policies for Utility Scale Solar Facilities and Battery Energy Storage  Facilities.  The purposes of the Zoning Ordinance were reviewed to include: To reduce or prevent congestion in the public streets;  Toi facilitate the creation of a convenient, attractive and harmonious community; To facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, To protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from Toencourage economic development activities that provide desirable employment and enlarge Toj provide for the preservation of agricultural and forest lands and other lands of significance 6IP Page Minutes of March 25, 2024. Joint Public Hearing of the Board of Supervisors and the Planning  recreational facilities, airports and other public requirements; Top protect against destruction of or encroachment upon historic areas;  fire, flood, impounding structure failure, panic or other danger;  the tax base;  for the protection of the natural environment.  Commission Meeting    Review of CUP Application  Staff recommends approval with conditions to ensure consistency with applicable Comprehensive  Plan Policies and the purposes of the County's Zoning Ordinance. 5. Public Hearing on Conditional Use Permit and Rezoning Applicants A. Board of Supervisors Action to Open Public Hearing  ON MOTION OF SUPERVISOR FUTRELL, seconded by SUPEVISOR WHITE and carried: RESOLVED that the Sussex County Board of Supervisors hereby open the Public Hearing on the Conditional Use Permit and Rezoning Applications: All Board members  present voted aye.  B. Planning Commission Action to Open Public Hearing  ON MOTION OF COMMISSIONER EDMONDS, seconded by COMMISSIONER BRACY and carried: RESOLVED that the Sussex County Planning Commission hereby open the Public Hearing on the Conditional Use Permit and Rezoning Applications: All  Commissioners present voted aye. Public Comments  C.  Public Comments Received During March 25, 2024 Joint Public Hearing on Blackwater 1) Kim Trimmer - Wanted to get out of VA Beach. Bought property across from 1200 acres on Brittle's Mill Road. Was told she would always be a "come here" when she purchased the property from Stanley Travis. Soon after, she was diagnosed with cancer, her husband has PTSD. Having a solar farm across from her home would be disruptive while under 2) Susan Stone - Wakefield District-0 Opposed - Concerned about deforestation which results in more carbon dioxide due to fewer trees. Trees also help stop erosion and denuded property leads to more erosion. Herbicides cause soil compaction, over time soils will be 3) Leverette Pope - Waverly District - Opposed - Concerned with safety, the size and the battery storage. Volunteer fire fighters are going away sO how will batteries be fought. Prisons haven't help, solar panels will not help. Waverly Solar is an example of what 4) Mayor Brian Laine and Councilwoman Frances Chambers - The Town of Wakefield unanimously adopted a resolution in opposition to the project. The project is not in compliance with the Wakefield Small Area Plan, it is only % mile from the town limits, survey results showed residents are against solar. Why would the County consider an 7P Page - Minutes of March 25, 2024. Joint Public Hearing of the Board of Supervisors and the Planning  Solar Rezoning and Conditional Use Permit Applications  construction and affect the resale of her property.  impacted by substances left from the structures.  happens when we receive 51 to 6inches of water.  Commission Meeting    application this large? The solari industry has hazards, i.e. fire. Where will the water come from? The town provided 2 deputies to the Sheriff and there is no EMS on this side oft the County. Who pays for damage to the roads, etc., $250,000 is not enough. Solar energy does not lower costs and does not need to become revenue for Sussex for 13 miles of solar. 6) Meade Fronfelter - Yale District - Concerned with devastating effects of existing solar. There are other alternatives. 3500 acres owned by County bringing no income. 7) Molly Dowless - Owns land in Wakefield. Still a massive project. She was offered $2.5 mil. and said "no". Will destroy thousands of acres of forest/farm land, bad for wildlife, does not conform to the Comp Plan, sighting agreement is a bribe, estimates 13 square miles of solar will be impacted, Clenera will be making money off the backs of the rural 8) Seth Adams = hunter and agricultural employee Vote "no" on Blackwater and all other solar projects. Land is non-renewable, will never return toi its original state. Itaffects soil, wetlands, crops timber and causes runoff. What will happen in 50 years? The project does not benefit the County or citizens. Listen to taxpayers and voting citizens. 9) David Peck - Mostly concerned with battery storage being the most dangerous part andi it being next to the town. More fires caused by batteries per statistics. 12-month construction is aggressive, $250,000 is not enough. The company is owned by a company in Israel and II)B.J.Jackson- - Lives 4 miles away, ran the VA Diner in 1994, landfill was supposed tol be 12)Franklin Dowless - The Board of Supervisors elected to represent interest of citizens. The room is not divided, there is no other side that are all in favor. 13) Perry Bradshaw - Lifelong resident, loves and is interested in agricultural and residents. Solar is not the best renewable, nuclear is and would provide more. jobs. 14)David Slaybaugh 20-year resident and member of a hunt club. The County has a shrinking tax base. EMS has a fast response time. The project has willing participants. 15)David Shields - The hunt club was accommodated and project will be very helpful and not 17)Margaret Drewry - Lived here 30 years, agrees with public comment. Has PTSD from 23 years in the army, Iraqi vet. Family in the lumber business in another state, she is a cancer survivor. Does not want to live next door to a solar farm. When the lumber company cut the forest, it brought bugs and there was a bear in her pasture because he had no where to 18)Blake Cox - A resident of Chesterfield County and co-founder of Energy Right, an organization that keeps its eye on property rights. The project is an economic growth opportunity that does not strain public services, can lower taxes and doesn't just benefit  Itraises rates.  5) Lane Chambers - Decision will affect Sussex for generations to come.  counties, 250 people stood in opposition.  is not in good financial condition. 10), Janet Barnette - Not present here 10-12 years, it's now 30 years.  impactful. 16) David Steele - Not present  go. The hunt club property was obliterated and they feed to the poor.  just 1 person. Urged to move forward with project.  8]P Page Minutes of March 25, 2024. Joint Public Hearing of the Board of Supervisors and the Planning  Commission Meeting    19)Camille Kenatzski - Not present  20). Walter Lanier Opposed - Population continues to shrink due to landfill, prisons and hog farms. The project will bring money in short term but decreases long term. It will impact to property values and not a good fit due to size and location. Hopes Board doesn't 21)Buddy Faison - Opposed - Passaluka Hunt Club member, worked in local government for 20 years, handout distributed andi referenced page3. Swamp runs to 21 major watersystems, land eliminated is actually wetlands and can't be developed. Where will wildlife go. Company doing a snow job and making lots promises, but it will bej just the opposite. They are going to sell the project, who will verify that obligations are fulfilled. 22)Terrie Foster - Owns property in Waverly, lives in Surry County Surry County has been ruined with solar. 12 jobs willl be guards, others will be brough froml North Carolina. Will disturb wetlands and cause stormwater erosion to properties. Where is energy going, isit coming to Sussex? The project will destroy wildlife and agricultural fields and will not 23). David Tucker - Isle of Wight County - Professional engineer with solar experience, testified before the SCC. Solar farms are failing in performance, Dominion Energy has 21 solar facilities, PJM is losing solar capacity at other renewable energy sites, utility bills 24)Lance Trgina - Opposed - Been in Wakefield since 1981, the project is not going tol benefit 25)Craig Newten Wildlife fencing will trap and injure deer, goats chew grass, posts are driven with concrete footers, galvanized pipe will affect wells. Sussex is being sold al bill  approve.  help climate control.  will increase. Solena is an Israeli company.  the County, will bring no jobs, money will not last forever.  of goods, not backed up. 26)Tim Casey - Not present 27)Kevin. Johnson - Not present  28)Gene Rickmond Has done solar construction for 10 years, supports solar farms and energy, has seen downfall with property in Surry next to solar. Encouraged Board to visit Surry site. PC needs to take 6 to 8 months to consider, panels have life expectancy of 10 years. Compared money to land value increases since 1989, 3 miles is minute, solar only 29)Mark Owen - Turkey Pen Road - Ancestors from here living off land, destroys huge section of land, concerned with water runoff. Penny wise and dollar foolish if approved. 30) Chester Carter - Lifelong resident of Stony Creek - Opposed - Voted for landfill 31 years ago, never met expectation. Board of Supervisors has sold out County for 30+ years, food tax should have been passed, has towed electrician cars, green energy is fine but not the gospel. U.S. is selling out to China. Temperature will gou up5to7degrees, supports green 31)Chris Thompson - Citizens Against Industrial Solar Concerned with landowner rights. Questions the science and the ability to turn land back to original condition. Toxic chemicals leak from weak spots in the modules, tornado damage, need to protect well 9/Page - Minutes of March 25, 2024 Joint Public Hearing of the Board of Supervisors and the Planning  absorbs 17 to 20% of sun' 's energy.  energy but solar is not the answer.  Commission Meeting    water. Farming and timber industry is being left behind, citizens will leave and farm and 32) Darren Strong - Cabin Point Road Quoted 1776 Declaration of Independence. When  timber land will decrease. Vote "no".  government does not represent the people, they should be unseated.  D. Planning Commission Action to Close Public Hearing  ON MOTION OF COMMISSIONER EDMOND, seconded by COMMISSIONER BRACY and carried: RESOLVED that the Sussex County Planning Commission hereby close the public hearing on the on the Conditional Use Permit and Rezoning Applications: All  Commissioners present voted aye.  E. Board of Supervisors Action to Close Public Hearing  ON MOTION OF SUPERVISOR FUTRELL, seconded by SUPERVISOR WHITE and carried: RESOLVED that the Sussex County Board of Supervisors hereby close Public Hearing on the Conditional Use Permit and Rezoning Applications: All Board Members .Board of Supervisors and Planning Commission Ouestions for Application and/or of Staff  present voted aye.  There were no questions.  7. Planning Commission Action to Defer Consideration until April Regular Meeting ON MOTION OF COMMISSIONER EDMOND, seconded by COMMISSIONER MASON and carried: RESOLVED that the Planning Commission defer consideration until their April 1, 2024  regular meeting. All Commissioners present voted aye.  8. Adjournment  A. Planning Commission  ON MOTION OF COMMISSIONER EDMOND, seconded by COMMISSIONER BRACY and carried: RESOLVED that the Sussex Planning Commission hereby adjourn the March 25, 2024 Joint Public Hearing of the Board of Supervisors and the Planning Commission. All  Commissioners present voted aye. B. Board of Supervisors  ON MOTION OF SUPERVISOR TOLLIVER, second by SUPERVISOR FUTRELL and carried: RESOLVED that the Sussex County Board of Supervisors hereby adjourn the March 25, 2024. Joint Public Hearing of the Board of Supervisors and the Planning Commission. All 10Page - Minutes of March 25, 2024. Joint Public Hearing of the Board of Supervisors and the Planning  Commissioners present voted aye. Commission Meeting