MINUTES REGULAR SCHEDULED MEETING OFTHE BOARD OF COMMISSIONERS IN THE COMMISSIONERS ROOM, COUNTY ADMINISTRATIVE: BUILDING FTNCCALIEDIOORDYK BY CHAIRMANIEONARD WIGGINS. AT7:00P.M. MEMBERS PRESENT: Mr. Leonard Wiggins, Chairman, Mr. Donald Boswell, Rev. E. Wayne Hines, Mrs. Viola Harris, Mr. William Wooten and Mrs. Evelyn Powell. OF EDGECOMBE COUNTY JANUARY 7,2019 AT 7:00 P.M. TARBORO, NORTH CAROLINA 1. MEMBERS ABSENT: Mr. Jonathan Felton, Vice-Chairman. Attorney, and Ms. Frangie Mungo, Clerk to thel Board. OTHERS PRESENT: Mr. Eric Evans, County Manager, Mr. Michael Peters, County 2. 3. 4. PRAYER. Rev. Hines provided thej prayer. MINUTES OF PREVIOUS MEETINGS PRESENTED FOR APPROVAL. Hines seconded the motion, which carried by unanimous vote. Mr. Wooten moved to approve the minutes of the December 3, 2018 as presented. Rev. 1.Mr. Wiggins called aj public hearing (Quasi-Judicial Hearing) it order to receive citizen comments or questions relative to aj proposed Special Use Permit request from SunEnergyl,LLC: for the construction ofas solar energy system. PUBLICI HEARING. Mr. Peters read the notice as published. address beforel be sworni in. Mr. Wiggins directed parties wishing to testify to comei forward and state their name and Lindal Nwadike, 192) Raceway Drive, Morrisville Avery Strickland, 1575 Harts Mill Run Road, Tarboro Albert Proctor, 27491 Harts Milll Run Road, Tarboro Randy Killebrew, 38101 Harts Milll Run Road, Tarboro John Killebrew, 3886 Harts Milll Run) Road, Tarboro Bill Clark, 1007 St. Andrew Street, Tarboro Amanda Abrams Keel, 119 Whichard Lane,' Tarboro Isaacl Panzarella, 232 Lascox Street, Raleigh David Lee Dickens, 752 Eagles Terrace, Rocky Mount Yvonne Cancino, 3848 Virgil Blvd., Rocky Mount Georgia Strickland, 15751 Harts Mill Run Road, Tarboro Brian Kennedy, 192 Raceway Drive, Morrisville Kenny Habul, 8981 Lexington Drive, Greenville Hunter Quincey, 3160 Harts Mill Run Road, Tarboro Buddy Pittman, 414 Mark Lane, Tarboro Ashley Taylor, 1342 Raccoon Branch Road, Tarboro Richard Kirkland, 9408 North) Field Road, Raleigh Janice West, 1557 Harts Mill Run Road, Tarboro Roger Sauerborn, 5246 US2 258 South, Tarboro Ms. Mungo administered the oath. Mr. Evans stated that SunEnergy Systems has a Special Use Permit (SUP) submitted fora proposed solar energy project. It will be 1,471 acres located along and in the vicinity of Harts Milll Run Road. The SUPI has been reviewed by the Planning Board at their last meeting and forwarded with ai favorable recommendation. Thel Board of Commissioners call for, and proper notice has been given for a public hearing tol bel held at tonight's meeting. As summary of thei related County ordinances is included in the Board's packets. This describes the SUP application process, your authority inl hearing an SUP request, and the standard by which you aret to weigh that request. Mr. Evans stated that the applicant for the SUP along with those who wish tol be heard during the public hearing, both in favor of and in opposition to the proposed action, must be sworn in. Their comments will be recorded as testimony in this quasi-judicial process. Then the Board may proceed with hearing from those sworn in, starting with the applicant. Once the public hearing is closed, thel Board then will consider taking two separate actions. First to determine whether or not the application is complete and complies with all applicable requirements of the ordinance. Secondly, either a motion specifying what requirements it failed to meet, or to approve the SUP. Mr. Evans stated directed to the Board's attention the summary of the Special Use permit Application Process noting under the section about the. Public Standard: Thel Board of Commissioners shall approve the requested permit unless it concludes, based upon the information submitted at the hearing, that: The requested permit is not within its jurisdiction according to the' Table of Ifcompleted: as proposed in the application, the development will not comply with However, even if thel Board finds the application complies with all other provisions of the ECC Ordinances, it may still deny the permit ifit concludes, based upon thei information submitted at thel hearing, thati if completed as proposed, the development, more probably Hearing Requirements: after Notice: Permitted Uses; or The application isi incomplete; or one or more requirements of the EC Ordinances. than not: Will materially endanger the public health or safety; or Will substantially injure the value of adjoining or abutting property; or Willi not bei in harmony with the areai in which iti is tol bel located; or Will not bei in general conformity with the land development plan or other plans officially adopted by thel Board. Burden: Thel burden of persuasion on thei issue of whether the development, if completed as proposed, will comply with the requirements of thel EC Ordinances remains at all times on the applicant. Thel burden of persuasion on thei issue of whether the application should be turned down for any reasons set forth in Section 4-7.5(1) rests on the party or parties Mr. Evans stated that thel Board will hear both parties tonight, starting with the applicant and those that the: applicant, thosei in support and those noti in support. Ms. Lindal Nwadike (applicant), (Sworn) with SunEnergyl: SunEnergy 1 is one of the top five solar developers in the Country. Wel have an office closel by in Bethel, North Carolina. We havel been in the area for over 4 or 5years. Wel built Conetoe, which is righti in you guys' back yard. Conetoe is now owned by Duke Energy. So wel have been in the area for a while, just giving al little history about us. Thej project that we are proposing to construct is Harts Mill Solar Project and I want to to a quick overview of the project. Presented a map. Harts Mill Solar Project is al 120 megawatt sitel located off of] Harts Milll Run Road and Noblel Hill, across thes street from) Highway 46. This project has been going on for over four years now. Wel held pre-application meetings with the County's Planning Department and have held two previous committee meetings on what we] proposed to do in the area. Thel last one was held in 2017. We have worked with various State, federal and local agencies in regards to getting permits and making sure our due diligencei is donei in the County. So let me talk about the Edgecombe County Ordinances and how we will meeti iti in terms of this project. Edgecombe County has a solar ordinance, as you alll know, which is permissible in all zoning districts in the County. And one of thet things you can see on the mapi is your set back requirements of the ordinance. So we: are making surei that we meet thes setbacks. Your ordinance actually have ai map thats shows the zoning districts and what we: are supposed to meet and for SunEnergyl we: are going above and beyond that. Instead of the 100 feet set back from any equipment to thej property line, we: are actually doing 1001 feet setback from our fencel line to our property line. As you can see on the maps therei is al higher setbacks, some of them are more than 375 feet away from thej properties. In addition to that, ifitis not residential we: are going toj put up 501 feet setbacks all around the areas. So that is what we are proposing. In addition to that, as has been mentioned, you guys requirea vegetativel buffer of 18i inches in height ati installation. We are actually going ahead aj put in 72 inches all around that so we are going way above and beyond that. As mentioned previously, there was a Planning Board meeting, we had some committee members come to that Planning Board meeting with concerns about visualization of thes solar facility urging that the requested permit be denied. Mr. Wiggins called for testimony fromi interested parties. -2- from their property. In regards tot that Iactually personally met and called all of the personnel that had comments and met up with them on the 2nd of this year and proposed all the new itemsi inj regards to 1) thes setbacks and 2) the vegetative buffer. In regards to the County's ordinance we willl be well below the 251 feet requirement you guys have with al height for thej panels at eight feeti in height. We also provided the decommissioning analysis the County requires, which is part of your ordinance. Wej performed al FEA analysis as well, and nothing is required in that area because we are far away from the airport. As youl know solar is very (inaudible) resistance. It doesn't require school or anything of that nature. However, therei is economic benefits for a facility like this to be builti in the County. Such asi increase in annual taxes, 1200 positions and the construction will last about two years. There willl be increase profit margin for little businesses, such as hotels and restaurants, gass stations, construction related industries. We like tol hire locally and wel like to utilize local vendors to obtain materials whenever applicable. In addition to that we do train the employees who are not qualified so they can come work for us. What we usually doi is have a career fairl locally so we can get employees that way. You can tell on our drawings, wel have a substation. We: are the ones paying for that to operate on us not on the County. Wel havel beeni in the County for a while and wel have been doing work in this County and business have kind of gained from us being here. In addition to that I would like to also request, your permit last for six months and Ik kindly would liket to request that you guys can give an extension on that because, as you know, fora a solar facility it's al long duration in regards to doing all the due diligence required. The only thing we would like to request is an extension on your permit duration at this time. Mr. Wiggins: When and how should wel handle that request? Mr. Evans: We will need some time to research that.' That is the first I am hearing about Ms. Nwadike: Additionally there arei four things that the commissioners: need tol looki into prior to making a decision. The first item: Will the project naturally endanger thej public health? The answer to that is no. Solar technology has been around since the 1950s. The second question: Will thej project substantially injure the value of adjoining or abutting property? The answer to that is no as well. Various studies have been made where appraisers have gone out and look at where solar facilities have been built before and after tos seei if therel has been any variation inj prices around. Example: The project we did in Chowan County after the solar facility was built the house cost more than what it was previously before the construction oft that facility. We do have an appraiser here today and) he can talk about that. Next questions: Will the project be in harmony in the areai iti is tol bel located.. And the answeri is yes, because thej proposal will bei in the agricultural: area and what we are proposing is to put up trees and what the people will be seeing is the trees. Thei fourth question: Will thej project bei in general conformity with thel land development plan or plans officially adopted by the Board of Commissioners? And again, the answer to that is yes. As you guys know, you havea solar ordinance inj place and there has been various solar facilities built in the County as well. So with that. Iwant to go over the requirements that changes that wel have made sO you guys can take al look at (pointing at: a map) this is the property that we are talking about. Thati is our property line. Thel bluel line is the fence line. With your requirements for your ordinance. Weare actually supposed to go from the equipment, which is the panels, 1001 feet to al house. We are going above and beyond because we: ahead aj put to our fence to the property line. You can measure from the equipment to the house, which 132: feet away from thej property.. In addition to that your ordinance requires plants of18 inches, which is an evergreen, which is what your ordinance requires. What we are actually doingi is' 72 inches, which is 61 feet high, which can grow up to 25 feet. Ifyoul look at this map, this line, those are were our vegetative buffers will be. For instance, this property owner, Ispoke tol him, hel had ani issuei in regards to visualization. So we decided toj put trees in this area. With this property we did the same thing going all Mr. Wiggins: In terms of what you negotiated with the petitioners, the opposition there, has that commitment been made to the County in terms of what you are asking for. Is Ms. Nwadike: Because: it goes beyond what the County requires, yes it has been made. I thisi is tonight. around so they are not directly seeingi it from their property. thats something you have agreed to do? spoke with Mrs.. Jenkins. -3- Mr. Wiggins: Isi it part of this request? Ms. Nwadike: Yes, iti is part of this request. Mr. Evans: What we will assume is that your most recent submittal, which is this. (holds up map distributed before the meeting). Ifthisi is approved this will be attached to their Mr. Wiggins: there is nothing that we lead to an agreement with the land owner. Ms. Nwadike: That's correct. So again, these are the ways that we went beyond and above. Fori instance, this map right here, down) belowi is a vegetative buffer for Edgecombe County. Thisi is a 61 feet fence and the one foot topper, the bob wire andi if you look at this maps you can see the 18i inches required as the vegetative buffer. What we: are proposing to especially for residential properties is this one up there, as you can see the difference in the view. Behind the trees you can see the fence and these trees can grow up to 251 feet. This is what we are proposing right now for those properties and this is what I spoke tot thel land owners about the 2nd of this year. So,1 Iam here, Ihave colleagues here as well, who will make comments. Ify you guys have any questions please special use] permit. Everything that's being requested needs tol be a part of... don'thesitate tos ask us. We're here to answer any questions. Mr. Wooten: What is the totali investment? Ms. Nwadike: Iactually would like for our owner to go over that with you guys. Kenny Habul, is that okay. Mr. Wooten: Yes ma'am. Mr. Boswell: Ihave a more basic questions. Iread the report from the Planning Board and somewhere iti infers that there are three difference maps. My question to you is this the most current map and isi it correct in terms of wetlands, properties, the placement of thes solar panels and everything. Ms. Nwadike: Yes. Thisi is thel latest map. Mr. Kenny Habul, Owner (Sworn): Thank you. It'sa pleasure to be here. As you know, our main headquarters is very close to where we are tonight. We appreciate the time you are giving us. We thank you very much over the years. II believe we bought that facility 2013 and wel hads somewhere in the range of 30 employees and now wel have several hundred. Al lot of those employees are have come from this County. We are very thankful for that and wel have worked very hard, seven days a week, over the past six years to continue building solar and to continue building transmission solar. So I thank you very much for your time. Just to talk al little bit about the size of the system, which is similar to the one that we built herei in Conetoe. We don't) have ai final size yet, pending indicanation results. We dol have good indicanation study results for that location and that transmission line. All the other various government: agencies that we are required to go through havel been positive in terms of the CPCN and things required by the North Carolina Utility Commission. These projects generally are taking al little bit longer to build than we think so we estimate two years and approximately 1200 to 1500 jobs for two years. Wel had aj project not fari from herei in Aulander that's a similar size project and we are finding those number tol be typically accurate and also finding after the project is being commissioned that we: are requiring more: full time personnel than realized. And youl know these systems are connecting to transmissions are very new in the United States so as time goes on we found more. information and certainly need more permanent employees for the maintenance of the grounds and electrical components whichi is also al benefit. In terms of values pending final design, my estimate would be about $250 million and 80% property tax abatement, somewhere in the vicinity of $50 million tax base to the County. Thel latest estimates would put us at approximately 30 to 401 full time jobs permanently that we would add to the force of this particular project in addition to temporary. jobs. The other thing we noticed as we sort of build in Eastern North Carolina, we're the biggest builder in North Carolina, thankfully North Carolina isnumber2i in the United States for solar capacity and most of that in the east herei in Dominion territory and I think wel have built about 1/3 of all solar. We are finding that when we comei into at town that wei need tremendous local support. So for example, the project in Aulander currently we have filled four different hotels permanently, meaning -4- for thet two year duration of the project. We've also kept three toi four different restaurants busy providing meals. We have utilized all thel local mechanical supplies from machinery servicing. We have 250 Chevy Colorados on site at that project and they require servicing and we are buying everything for those locally. We are buying up wards of 5000 to 8000 gallons of fuel per day locally. All of these people that are moving inj require services from hardware stores, restaurants to everything else you can think of. So, that's something to mention. Please ask me any questions you may have. We are fans of] Edgecombe County. Wel have always supported in many, many ways, not just this County but other counties. We are not the sort of company that builds and just disappears. Wes stay here and wel help. We certainly provide lots of assistance forl local needs and will continue to do that because we care about thej places where wel build. So please feel free to ask me any questions. Mr. Wiggins: Is there anyone else wishing to speak? Mr. Richard Kirkland, State Certified General Appraiser and MAI Appraiser (Sworn): I'ves got: anl Impact Analysis Study I was asked toj prepare on this] project (provided copies to thel Board). Iappraise agriculture properties regularly for my business. Iappraise residential developments, commercial and agriculture as well forl Impact Analysis. I have done al lot of different studies to see if the proposed use is going tol have any impact onj property values. Wel have hads solid waste facilities, waste water treatment plants, greenways, rock quarries andi in this case: solar farms. Ihave been) looking at the solar farm question for thel last nine years andi in that timel II havel looked at over 500 solar farms, mostly across the State of North Carolina. Ihave looked at those in about a dozen states as well. Worked with about a dozen other MAIs across the country in compiling data on solar farms and looking ats sales of] properties next to existing and proposed solar farms. You can see where] Ihavei identified all of the adjoining uses, how close the adjoining homes are to the solar panels. Ihave compared that to where I have looked at other 500 and some odd solar farms compared to see how that relates. In the process of compiling all of this data I found, in specifically to thel harmony of use questions, Ifound that it has been a very consistent across. North Carolina, whether I look atl Eastern North Carolina, thel Piedmont Mountains, ori ifIl look at the whole you see the same pattern as a whole. Thej primary uses are agriculture residential. Ilooked at the adjoining uses based on the number of acres adjoining. The most common adjoining uses are agricultural.I looked at the number of parcels. The common adjoining uses are residential. Even when Ilook in the immediate areal I identified 29 different solar farms in Edgecombe County and adjoining counties and again they show that same predominance where about 94%, all the adjoining uses are agricultural and residential. In proximity to adjoining homes, actually iti is al lot closer than these other solar farm developments as proposed to this location. So, thisi is a very consistent land use. Iti is typical where they will be located and typical as far as the surrounding uses. Speaking specifically to impact onj property values, the way youl look at that is called paired sales analysis, or a matched pair analysis. You look ats something thati is sold next to a solar farm and you compare it to something that is very similar ori identical thati is not next to a solar farm: and measure for the impact. In that reportI Ihave included a number ofs sales inl Eastern] North Carolina includinga project in) Edgecombe County showing matched pairs that show consistently noi impact on: adjoining property values. Looked atj projects similar, 75 and) higher megawatts, regular sized projects as this one, and some thats stretched outside of] Eastern North Carolina arei included in the report. Iwill be happy to go over specific details. Iamj just hitting highlights. The data is showing consistently that there is no impact on adjoining residential uses and Ihave also looked at adjoiningi farm sales. There: is noi impact on adjoining farm sales. Again, your data is presented in there. Iwould bel happy to go over specific examples and details ifs you need to. But itis my professional opinion that the project that is proposed will have noi impact on adjoining property values. Itis also my professional opinion that this is a harmonious location for a solar farm consistent withs solar farms located across all of North Carolina. Iwill bel happy to answer any questions. Mr. Wiggins: Any questions from Mr. Kirkland? Mr. Boswell: Ihave one question. IknowIread the analysis of your report. My question isl kind ofa grass roots question. Even though it doesn't affect the value of the property or thel land, is there any data that shows any situation wherei itj prohibited or Mr. Kirkland: Specifically, I'll sight you specific examples. AtAMS Solar Farms in slowed down, or didn'ts sale because ofs solar farms. Goldsboro, thisi is really ai text book example and all the data isi included in that report. The reason Is sayi it is text book is one, there was an ongoing subdivision that was started before the solar farm came in and the solar farm got developed and built and then new homes continued being built. Thei first thing to note ist that thel homes that were built after thes solar farm was puti in were actually larger and more expensive. Ispoke with the developers as far asl how quickly they sold out thosel lots. They sold out the lots and inventory the same time they were originally expected. The other point out there is that the matched pairs sold for the exact price regardless if they adjoined a solar farm or not adjoining: as solar farm.' Then there was a sale and resale of the exact same property, which was bought from the builder by the homeowner. They lived there for three years, three years later they soldi it,i its showed typically appreciation, soi its sold for more after three years, but at a rate consistent to what you would expect whether therei is a solar farm there or not. All the dimensions of value that you can really look at, whether it's the initial impact on value, how quickly its sold and appreciation, all are showing no impact in that one example Mr. Boswell: Thank you. Mr. Wiggins: Any other questions for Mr. Kirkland? Thank you sir. Mrs. Harris: Ihave: a question? Is the owner of the property here? Ms. Nwadike: Yes. A couple of them are here. Mr. Bill Clark (Sworn): My family represents the land thati is north of] Highway 64. Like al lot of people here, we'vel been herei fora a lot of generations. This project was bought to me, thei idea ofi it, four plus years ago. We don't do anything lightly. We've been here, we'vel been trying to be good citizens of the County. Idid my due diligence into, not only this company (solar), because we do own some farml land around there. Did my due diligence and came to the conclusion that, for my family, our family discussion, that it was a good thing for us. And sO we are, we believe inj property rights. Wel believe that if you buy all thes stuff, you ought tol be able to do what you want to with your land. I think most everybody heret that owns property, when they talk about their property they would agree. But most of allIwant tos speak on that P'mi in favor of Edgecombe County. At the Planning meeting there were a few comments made. like us versus them, the citizens versus the County and Ij just don't see it that way. This County is, you all know this better than I do, it's a challenge to, relatively, it's a wonderful buti it'sar relatively poor place. We havea tax basei issue and wel have a tax rate issue place, as well. You guys have done a wonderful job working that in the opposite direction. This project, solar energy, which does not, we've spoken of earlier, no crime rate comes with it, no additional demand on schools. All that kind of stuff. It doesn't pollute. Iconsider myselfas steward and II havel been of this land. It's not an easy decision for ust to make buti iti is a net winner for the County. It gives and doesn't take from that perspective. That's why II hope the Commissioners will do like they havei in thej past and continue support this for the County's sake. Mr. Wiggins: Go ahead. Mr. Boswell: Can Iask one question tol Mr. Clark? Mr. Boswell: When the owners, who are here, come up here will you tell us what portion Mr. Clark: My family owns that north (pointing to map) and) I guess by looking at that Hunter Quincey (Sworn): Iam) here with my brother Stacey and my father' Tommy. We own about a third of the land, whati is south of 64 and we farm together. I've farmed my wholel life. Our sole income comes from agriculture. Everything we do. Our employees, it's all agriculture. We grow crops and nothing else. About four %J years ago we started thej process ofl looking outside income to stabilize our business. Agriculture requires rain at the right time. Commodity prices have to be right. It'sa lot and it's a yearly process for turnover. Two or three bad years is detrimental for us. Farmers are going out fairly quickly. We can make it two to three years, five to seven years probably but ten years long term next generation, wel have to have some outside income to continue to work the fields. lunderstand the concern about the view of what our land will look like after it or percentage: you own: and what's being developed, just a guess. map that's maybe half, maybe al little bit more. -6- gets approved. I've been raised on this land,Iunderstand. Its surrounds my house on three sides, but] Ij just wanted you to understand why. We are looking for security and Amanda Abrams Keel (Sworn): Iwork for SunEnergy and I am also a resident of Edgecombe County. Ihave worked with them for about: 3 % years, almost 4, years. Itisa wonderful company. We employ al lot of people and I deal with al lot of those people one on one every day. Iwas born and breedi in Abrams. My cousin and my family arel here with. Abrams. We use them al lot in Edgecombe County. Like Linda said, we do like to support local always. In thel Bethel office, which is wherel I work, Iorder a lot of fuel and thosel kinds of things and we order from as close to that site as possible. Whether it's food, whether its gas and we try tol hire local. Ij just hope that you guys will support it. Again, Iam an Edgecombe County resident. This] project is going to be amazing. The company Iwork for is amazing and Ij just hope you'll stand behind us. feell like this willj provide what we need. Mr. Wiggins: Anybody else? Mr. David Dickens (Sworn): Iuse tol livei in Edgecombe County. Iwould like to say I have been in solar for seven years. It willl boost the economy here with all the employees. Itwilll bring revenue: for all of the restaurants and different items you) need in this County. Imust say for me and my family,I could not survive without solar. Itisagreat thing tol be employed with SunEnergy. As far as wage increases, some of the best wages ity willl bring tot this County for unemployed people. Istand in favor of this company. Ms. Yvonne Cancino (Sworn): Iam also a SunEnergyl employee. Ihave been in solar for about 5years. I've been in this area for about 3 years. Solar brought me here andI stayed here. Iknow al lot of the people in the County, surrounding counties. Solari is kind of like a community. When we go from one project to the next project and we also bring in thel locall help and we teach them a trade. Something that they can be proud of and be: a part of and they stick with us. Ican'tl live without solar. That's my craft. That's what I use to support my family. That's what al lot of the other people in the area Mr. Buddy Pittman (Sworn): Iwork for South Eastern Electrical Wholesalers in Scotland Neck. Wes supply them with al lot and they are good people. I've lived in Edgecombe County all of my life. Iyou ride and notice the others solar farms are nicely neat and kept up. It's just an ongoing thing. We needi it very much. Mr. Albert] Proctor (Sworn): Iam fori it. Iwant everybody to know that. P'vel been there for 41 years and plan to stay there the rest of my life. So do what you have to do. Mr. Wiggins: Is there anybody else here to speak for or against? can do as well. Iam very much in favor of solar. Mr. Avery Strickland (Sworn): Iam against it and I'vel been out there for 43 years and I thinki iti is goingt tol be a detriment to the community. Thel letter says it was no harmful chemicals in the solar panels. My nephew looked it up on Google. There are five harmful chemicals in those panels. It's got cadmium. It's got lead. Three or four morel can'tpronounce the names of. You said you can take it back to thel landfill when they decommission them. Idon'tthink so and] Iam dead set against it. I'm surrounded on threes sides byi its and Idon'twant to get upi in the morning looking at those things. Iam against it. Mr. Wiggins: Any questions? Mr. Boswell: Ig got one Mr. Chairman. For the benefit of everybody. Ireceived quite a few questions about this and did the first time. Al lot of questions about the physical impact, but one of thel biggest questions its seems to recur, ifs somebody would address it, is at the end of the lease, decommissioning the equipment, what willl happen. Whoi is responsible? What can or can'tl be done tol be surei it's not left there. Mr. Evans: The ordinance does require in their submission that they havea decommission plan. They have to number 1.1 Either provide al bond that would cover the required decommissioning, or give evidence that there will be valuel left sufficient, salvageable valuei ini it, so that it can be decommissioned. He (Mr. Habul) may be able to give you more details about thej process itself. -7- Mr. Boswell: And the one thingl I would add that ify you are going to address this, let's Mr.] Habul: In response to the gentleman's comment previously that poisons or substances, what was mentioned was (?), gallium and therei is other chemicals that has nothing to do with the solar panels we use. That technology is called thin film. We don't use thin film. These are multi crystal panels made from sand. You can break the panel, break thes seal andj puti iti in your mouth. There's absolutely no poison, no harm. Hei is correct on the chemicals, but that's another technology and that's called thin film solar. Those companies that manufacture that will also tell you that that's not poisonous. I don't know, we don't use those. But the ones we use: aret the most common. My countertop: atl homei is made from solar panels and my children eat directly off the countertop. Let's talk about decommissioning. It's a moving target. We don't know how long the panels last, but what we are finding the latest research is showing 35 years old. There are some panels that are madel by BP Oil and they arel between 30: and 40 years old and we're finding they are at 88% of their efficiency. So we don'ts see this as something that needs tol bej pulled out and rectified or cleaned up. The other thingl I will say is, if for some reason a company like ours, or a utility, 95% are owned by utilities so they are protected under federall law. There are millions and millions of dollars of cooper in the system. So believe mei ifs somebody locked the gate and went away, there'sal lot more value there thani in the land underneath it. So, wel have never in 22 years of building solar, for mej personally,Ihave: never seen an abandoned solar system anywhere in the world. Ihave never seen that because the value is too great. They produce live energy. Mr. Wiggins: Ibelieve the ordinance says bond or negotiation with the landowner in Mr.] Evans: Right. Itl becomes between the company and thel landowner and their lease agreement, as to the stipulations of that. So, let's say if SunEnergy were to walk away a yeari from now, then that's a valuable commodity on that landowners property. But they have to show to us that either they have al bond that will protect the landowner, there will be money, or, in every case we'ves seen so fari is that they show there is salvageable value Mr. Wiggins: But thes salvageable value is between thel landowner and the company, but then the landowner is responsible to the County to make sure that the landi is cleaned. So,i if therei is default in that agreement, we go after thel landowner. Ift therei is something there that needs tol be cleaned upi itis the County's responsibility to make sure thati iti is cleaned. That action would be between the County and thel landowner. AmI Mr. Peters: Ift they arej just leaving it there and it's not serving any purpose, its junk sayi if the company goes broke, what happens. Itwould bei impossible for that to happen in terms of research. terms ofs salvageable value. Is that correct? enough that somebody will come and takei it. Correct? Orifl'm not correct me. material, then yes sir. Mr. Wiggins: Is there anybody elsel here to speak? Ms. Georgia Strickland (Sworn): Iam here to protect my family, not just you. I've lived in that house 40: years. I've worked days,years to pay for what] I got and he wants to come puts solar panels beside me, in front of me and behind me. Who was the one talking about thej property value? Who paid him? Because you can't tell me, and I don't think none of you all believe that, that you can put solar panels all around your house and the value ofyour property will not go down. I don't! believe it and I don't think you all do either. Iaml here toj protect my interest just like hei is. Thank you. Mr. Wiggins: Is there anybody else here to speak? Mr. John Killebrew (Sworn): Ihave sort been on this thing since the very beginningI was on thel Planning Board when the first] proposal from SunEnergy came across. At the timei its seemed, and it may stilll be a good idea. Ijust got al lot of questions on this. At that time it was presented to thel Planning Board as a tax, tax credit was possibly going to be running out. The County needed to act to get the revenue in. Iagree with all the comments. Wei need all the revenue we can geti inl Edgecombe County. Iwas aj part of welcoming SunEnergy to the County. I still don't have any regrets on that at this point. SunEnergy has met with me, has met with my family. Ms. Nwadike has been great. Ido have some concerns. First of all, Mr. Boswelll Ibelieve you asked about the map andI just want toj point out that the map shows boundaries, it does not show solar panelsI don't believe. They are not positioned on the map. We don'treally know from this map where all of thes solar panels are going to go. Is that correct, to anyone from SunEnergy. Mr. Wiggins: Please respond to that, anybody from SunEnergy, because I'm looking at itt thinking I aml looking at panels. Mr. Nabul: They are the white areas on the map. Mr. Killebrew: They are not proposed that we: are going to see them exactly like wes see Mr. Evans: Iftherei is a change, it can change as long as it does not violate the ordinance itself. Ifthey make changes from here tonight on what they propose, asl long asi it does Mr. Wiggins: Boundaries and set-backs and thel buffers, those are the things we are approving. We are necessarily approving how those panels can lay out. Mr. Killebrew: Second thing, Howl long can I expect our trees tol look like that chart. What's the maturity of these trees. How long willi it take for them tol look like thosei in them on this map. not encroach any closer than what set-backs requires. the drawing? Mr. Evans: Thel height requirements are: 18 inches at] planting. Mr. Killebrew: Maybe this should be a future change to the ordinance. Iwould like to ask the SunEnergy people a question. Ofall the solar farms you built in North Carolina, Mr. Killebrew: Iam not trying toj put anybody on the spot. Just want to make sure that we alll know what we are going forward with. The other thing that Mr. Wiggins bought upj just a minutes ago, was moving forward with this. Iapproached our Planning Department after their last meeting. Ihad been told that the trees that had died, they had written tol Duke Power requesting that they take some action and get those trees planted. The next morning I went to thel Planningl Department and asked for copies of the letters. Subsequently found out that those letters had not been written and a phone call made. Ijust want to make sure thati in moving forward our Planning Department Mr. Wooten: Have wel had a response from] Duke Energy and what has been their Mr. Evans: They have been very responsive to it. They have not argued against it at all. They've: already gone out tot take a look ati it. Ithink another thing we need tot takea a look at, if we make some revisions is not only the requirements for what is planted, but also when it's planted. Because depending on the time of year, they plant it just to say it is done, but it's not the appropriate time. It's not going tol live anyway Mr. Wooten: Soi it's our understanding that Dukei is going to replace what vegetation that may not be living. Just an estimate, are we talking what] percent of vegetation at Mrs. Cynthia Jones, Planning Director: Based upon my site visit, I am not al landscape Mr. Wooten: So they will have to go back and replace the majority ofit. What percentage do you still own? Mr. Habul: About half. does have the backing to meet the rules. response, when we requested the replanting of vegetation. Conetoe's. Duke Energy site that may not be living today. architect, but visually, most of that vegetation is not living. Mrs.. Jones: Yes. They havei indicated to us that therei is a plan set to replant the entire site as well as that first site on Conetoe 1. Theyl have already put in new vegetation for Mr.. James Mendinghall, Representing Duke Energy: (Ms. Mungo administered the oath): Iwas invited by Cynthia Jones to represent Duke and talk about our plans and our actions for the vegetation buffers at the sites in Edgecombe County. Just a quick that property as well. -9- history: On August 30, 2018, Cynthia from the Planning Department contacted Duke with some concerns about the vegetation buffers around the' Tarboro and the Conetoe sites and brought it to our attention that the buffer was out of standard. She gaveusa copy ofl both the ordinance and thes special permit for the' Tarboro site. The ordinance states four feet on center along the fencel line facing the roads. Tarboro actually had: a special permit and they were actually eight feet on center and it specified wax myrtles. We went and investigated the vegetation buffer and we found that all thet trees, 100%, were dead. That was August 30th. My actions then were to submit RTA, try to determine the cause of the dead trees were. Request for technically assistance, we were assigned aj project manager that came down and contacted Brown's Landscaping. They came and inspected thes site and determined that the vegetative buffer was planted in July 2016: and that was the cause of the death of the trees. The wax myrtles are considered a robust evergreen andi it was brought to my attention then that they can thrive in wet or dry conditions. By December 7th wel had removed and replaced 100% of the evergreens with wax myrtles and brought it to Cynthia'sa attention that we were trying to maintain compliance with the ordinance. Conetoe, Duke Energy does not own Conetoe 1, we own Conetoe 2. We have taken action on that site as well. We do not have an approved vegetation plan for Conetoe 2. The site went through substantial completion prior to any kind of] plan being approved. Italked to Cynthia. There isa vegetation footprint in placei in accordance with the ordinance, which is the trees are actually four feet staggered off centered. Conetoe! 2i is not as bad as' Tarboro was. Conetoe: 2. Mr. Wiggins: Is there anybody else wishing to speak? you know there will bel big trucks on the road. Wep place a cash bond with) DOT. cash bond with] DOT. Action: Ms. Janice West (Sworn): Iwant tol know about construction and when they come in to do thel land and stuff around our houses and mess. Will they clean it up? Like the roads, Mr. Habul: Yes, Absolutely. We always have. We do the right thing and we clean up. There being noi further testimonies Mr. Wiggins adjourned the hearing. Wej placea 1. Approval that all of the Edgecombe County Unified Development Ordinance Mr. Wooten moved to approve that the applicant has met all of the Edgecombe County Unified Development Ordinance standards. Mrs. Harris seconded the Mr. Wooten moved to approve thei issuance of the Special Usel Permit. Rev. Hines standards have been met. motion, which carried by unanimous vote. 2. Approval of thei issuance ofa Special Use Permit. seconded the motion, which carried by unanimous vote. Supporting documents are locatedi in the Edgecombe County. Planning Department. 5. SCHEDULED APPOINTMENT. A. Sheriff Clee Atkinson provided an update. Academy and he will get ai flyer out to thel Board. Sheriff. Atkinson extended ani invitation to thel Board regarding their first Officer's Sheriff Atkinson stated that the last time he came before the Board I was asked tol bring numbers tol be reviewed by thel Board and the County Manager and hopefully the manual was helpful to them to move forward and to find a solution for the low pay for thel Edgecombe County Sheriff's Office. The manual contained possible increases of 2.5%,5%, 7% and 10%. He stated that he was on board with what was suggested in November meeting about just move all from minimum to medium with regards to ofservice at the Sheriff's Office. He stated that his department staff] has continued to years make himj proud tol lead them. Their dedication and willingness to work long hours, complete tasks iss second to none in this region, ifnot in thes state. Sheriff. Atkinson shared stressful moments endured by staff. He stated that due to the three homicides in Rocky Mount within the last three days, they have been requested toj partner with Rocky Mount Police Department and Nash County Sheriff's Office. He stated that they do their part to make Edgecombe County proud. He stated that his department's main objective -10- is tol keep the citizens safe. PUBLIC. PETITIONS. 6. Rev. Roosevelt. Higgs, Speed, stated that he spoke with Mr. Felton on yesterday and he asked that thec community pray forl him, that he will get stronger because he still has a ways to go. Hes stated, regarding the Sheriff's Office salaries, ify you work at the pleasure of people and they can terminate you, he did not care how much salary you are giving them, if you are living under that threat, something needs to be done to try to give these workers al little bit more comfort than as salary. Hes stated that years ago if someone had a complaint, they could file their complaint with the County Commissioners but the Personnel Advisory Committee Rev. Higgs left al DVD for thel Board to view related to the' Town of Princeville and Mr. Curmilus Dancy, 1271 Midway Lane, Tarboro, stated that he was floored. He requested that the Board of Commissioners do not allow anyone to come in and attack a Commissioner, especially a woman. He stated that you should not allow a man to stand up heard the complaint first. Hurricane Matthew in 2016. here: and disrespect a woman on this Board. A. Approval of budget amendments. 7. OTHER] BUSINESS: Mrs. Powell moved to approve the budget amendments as presented. Mrs. Harris Mr.] Boswell moved to: approve the revision to the Planning and Inspection fee schedule as presented. Mr. Wooten seconded the motion, which carried by unanimous vote. Mr. William Johnson, Assistant County Manager/Human Services Director, came forward toj provide information on the program. He stated that it comes with ai favorable recommendation from thel Health Advisory Board and thel Human Services Board. Mr. Wiggins moved to approve the participation in the Syringe Exchange Program. Mrs. Powell seconded the motion, which carried by unanimous vote. D. Approval of Bad Debt Write-off for thel Health Department. Rev.] Hines moved to approve the Bad Debt Write-off for thel Health Department as recommended by thel Human Services Board. Mrs. Harris seconded the motion, which E. Approval of the acceptance ofal Recycling Grant for the Solid Waste Department. Mr. Wooten moved to approve the acceptance of the grant by adopting the project ordinance and budget amendment as presented. Mrs. Powell seconded the motion, which Approval ofar request for aLetter of Support for a road extension for Market Center Mr. Evans stated that Ms. Gwenda Moore owns property herei in' Tarboro that shei is marketing for commercial development. Thej property is behind the SureStay Plus Hotel running parallel to the 641 Bypass exit ramp. Ms. Moore believes that extending market Center Drive to West St. James Street will make the site more marketable and promote economic development. Ms. Moorei is petitioning thel NCI Department of Transportation to complete the extension ofl Market Center Drive. Shei is also requesting the Board provide a letter of support for her efforts. Mr. Evans stated that Ms. Moore was present at the meeting and available to answer any questions the Board may have. Mr. Wooten moved to approve the request for al letter of support as presented. Mr. seconded the motion, which carried by unanimous vote. B. Approval of a revision to Planning and Inspection fees schedule. Approval a Syringe Exchange Program policy. carried by unanimous vote. carried by unanimous vote. Drive. Boswell seconded the motion. Ms. Moore came forth and answered questions from the Board. The motion carried by unanimous vote. Approval ofs al revision to thel Nursing Home and Adult Care Home Advisory Committee. 11- Mr. Boswell moved to approve the revision tot thel Nursing Home and. Adult Care Home Advisory Committee as presented. Mr. Wooten seconded the motion, which carried by H. Approval of the retirement of Canine Cezar and a request for purchase by his handler. Rev. Hines moved to approve the retirement of Canine Cezar and the request for purchase by his handler. Mr. Boswell seconded the motion, which carried by unanimous Approval of revision of job descriptions for the Water and Sewer Department. Mr. Boswell moved to approve the revision of job descriptions for the Water and Sewer Department as presented. Mrs. Harris seconded the motion, which carried by J. Approval of declaring al home] located in Midlakes Mobile Home Park as surplus. Mrs. Harris moved to declare the home as surplus and authorize staff to sell thel home through GovDeals. Mr. Boswell seconded the motion, which carried by unanimous vote. K. Approval of a grant award from GoldenLeaf Foundation for the Advance Mr. Wooten moved to approve the acceptance of the grant award, project ordinance and budget amendment as presented. Mrs. Powell seconded the motion, which carried unanimous vote. vote. unanimous vote. Manufacturing' Training Center. unanimous by vote. 8. APPOINTMENTS. A. Edgecombe County Human) Relations Commission. seconded the motion, which carried by unanimous vote. Mr. Wooten moved to appoint Mrs. Carol Allen White toi fill a vacancy. Mrs. Powell 9. PLANNING BOARD REPORI-"Resehed": A. Special Usel Permit request. B. Other Business. C.M Minutes of December 17, 2018 meeting. 10. AFTERLISTS. AND RELEASES FOR] REVIEW AND APPROVAL. seconded the motion, which carried by unanimous vote. 11. DEPARTMENTALI REPORTS FORI REVIEW-"Recived. Mr. Boswell moved to approve the afterlists and releases as presented. Mrs. Powell A. Water Services. B. Financial Summary Report. C.E Hurricane recovery update. D. Midlakes Relocation Project. 12. MANAGER'SI REPORL-"Resehved" A. Workforce Indicators. B. Martin Luther King, Jr. celebration schedule. C. Recreation Mini-Grant Ceremony: January 10th ati 10:00: a.m.; Auditorium D. Proposed retreat date of] March 18, 2019. Mr. Evans provided an explanation regarding thei fobsi issued to thel Board. 13. COMMISSIONERS REPORT. Mr. Evans provided an update. Mrs. Harris asked about the status of disaster recovery. Mr. Harris presented to the Board a list of legislative goals and asked thel Board tol look over them and get back with her before thel NCACCI Legislative Goals conference coming up on Thursday. None. 14. ATTORNEY'S REPORT. 15. CLOSED SESSION. 12- Rev. Hines moved to go into closed session to discuss economic development and aj personnel matter. Mr. Wooten seconded the motion, which carried by unanimous vote. Mr. Wooten moved to go out of closed session and resume the regular meeting. Rev. Hines 16. MR. WOOTEN MOVED TO ADJOURN THE MEETING UNTIL FEBRUARY420I9.AT 7:00] P.M. MR. BOSWELL SECONDED THE MOTION, WHICH CARRIED BY seconded the motion, which carried by unanimous vote. UNANIMOUS VOTE. Approvel February4,2019. Frangie Clerk to thel dsiay VDhayp -13-