MINUTES  REGULAR SCHEDULED MEETING OF THEI BOARD OF COMMISSIONERS INTHE COMMISSIONERS ROOM, COUNTY ADMINISTRATIVE BUILDING MEETING CALLED' TO ORDER BY CHAIEMANIEONARD WIGGINS AT7:00P P.M. MEMBERS PRESENT: Mr. Leonard Wiggins, Chairman, Mr. Jonathan Felton, Vice- Chairman, Mr. Donald Boswell, Mrs. Evelyn Powell, Mr. William Wooten, Mrs. Viola  OFI EDGECOMBE COUNTY SEPTEMBER 4,2018 AT7:00 P.M. TARBORO, NORTH CAROLINA  Harris and Rev. E. Wayne Hines. MEMBERS ABSENT: None.  OTHERS PRESENT: Mr. Eric Evans, County Manager, Mr. Michael Peters, County  Attorney and Ms. Frangie Mungo, Clerk to the Board.  2. 3.  PRAYER.  Rev. Hines provided the prayer.  MINUTES OF PREVIOUS MEETING PRESENTED FOR APPROVAL. Hines seconded the motion, which carried by unanimous vote. With no objections from the Board Mr. Wiggins moved to agenda item 5-A.  Mr. Felton moved to approve the minutes of the August 6, 2018 meeting as presented. Rev.  SCHEDULED APPOINTMENTIS).  A. Resolution honoring the service of Mr. Lorenzo Carmon. thei importance of the man being recognized for the County.  Mr. Evans stated that he was grateful for the Board considering a resolution honoring Mr. Wiggins read al Resolution tol Honor Mr. Lorenzo Carmon. Mr. Carmon served as County Manager ofl Edgecombe County from August 2001 untill his retirement: in September of 2015. Mr. Felton moved to approve the resolution honoring Mr. Lorenzo Carmon and proclaiming August 22nd asl Lorenzo Carmon Day as presented. Rev. Hines seconded the motion, which Mr. Wiggins asked Mr. Carmon'swife, Mrs. Addie Carmon, and any other family members present to come forth. Mr. Wiggins stated that it was anl honor for him to make the presentation. Hej presented the resolution tol Mrs. Carmon on behalf of the Board of  carried by unanimous vote.  Commissioners. PUBLIC HEARINGS.  Mrs. Carmon thanked the Board.  1. Mr. Wiggins called a recessed public hearing to order to receive citizen comments and guestions relative to a proposed Unified Development Ordinance text amendment to Mr. Evans stated that at thel Board's last meeting they opened aj public hearing tol hear comments relative to aj proposed amendment to the Unified Development Ordinance (UDO). Currently the UDO allows for a "Race Track Operation" in A-1 and AR-30 zoning districts ift thel Board of Adjustment approves a Conditional Usel Permit. The development standards for al Race' Track Operation specified in our UDO includesa minimum lot area of4 40 acres. Mr. Evans stated that thej petitioner, whoi is requesting to have a horse racei track on his property, was seeking to get a variance from thel Board of Adjustment being that his property does not meet the 40-acre requirement. Staff saw this as an opportunity to add clarity to the UDO through a text amendment by adding specific language and requirements for a horse: race track. Aj public hearing was scheduled for thel last meeting and the required public notice was given. The Board opened that public hearing and heard from thej petitioner as well as otheri interested parties. The board recessed that public hearing so that they may: further consider this matter at the September meeting. He stated that thel Board may call that public hearing back to order  allow a horse race track in the AR-30 zoning district.  tol hear further comments on this amendment request.    Mr. Evans provided thei following overview of the process for a zoning amendment: Process: Any person or organization may petition thel Board of Commissioners to amend thel Unified Development Ordinance. Thej petition mustl be filed with the zoning administrator (Planning Director), and must be submitted 20 days prior to al Planning Board meeting. Thel Planning Board reviews thej proposed amendment and submits its recommendation to thel Board of Commissioners within 45 days. Failure to do so will Public Hearing requirements: Aj public hearing is required and notices are required to be sent out, not only published in local newspapers, but also direct mail is sent to anyone whose property is adjacent tot the subject property. Ift the Planning Board recommends against the amendment, the applicant may appear before the Board of Commissioners to request aj public hearing. Ifthel Board refuses to schedule aj public hearing, then the Ultimate issue before thel Board: "In deciding whether to adopt aj proposed amendment tol his ordinance, the central issue before thel Board of Commissioners is whether the proposed amendment advances thej publicl health, safety or welfare of the County.  constitute ai favorable recommendation.  amendment petition is summarily denied.  Other considerations include:  The Board must consider, not just the specific use requested of thej petitioner, but whether the full range of permitted uses in the requested classification is more appropriate that the range uses in the existing classification. Thel Board is not tos seek any advantages or disadvantages for the person requesting the amendment, but must consider thei impact of thej proposed change  for thej public atl large.  Mr. Wiggins moved to re-open thej public hearing for public comment.  Mr. David Styles, thej petitioner came: forth and stated that he is asking permission to have: a small track so the "boys" can come play because you cannot ride on other folks land. He stated that hej purchased his land in order to do the boys some, justice. He stated that this is why he came and asked before he started. Mr. Styles provided al handout to thel Board, which stated that he will "open the race track one day out of the month from 12:00 p.m. until 5:00 p.m. This willl be: as safe environment and will not disrupt the area." Mr. Wooten askedi if Mr. Styles' intent was for someone tol have a place to ride or aj place  to race horses.  Mr. Styles that he purchased the land for to have a small race track. Mr. Felton asked Mr. Styles if security will bej provided. Mr. Styles stated that a sheriff willl be hired. Mr. Felton askedi if he was charging.  Mr. Styles stated that he will take donations because the sheriff has to bej paid. He stated that there willl be noi illegal activities because he wants aj place where kids can come. Mr. Styles stated yes, for different riding clubs, where they will be giving away trophies. Mrs.) Harris stated that thel handout stated that the race track willl be one day out of the  Mrs. Harris asked if this was like ar riding club.  month. She asked what day.  Mr. Styles stated thati it will probably be on a Saturday. that ifi it approved it willl be an amendment to the ordinance.  Mr. Wiggins stated that this discussion is more than for this particular land. He stated Mrs. Barbara Hendricks, 3122 Battleboro/Leggett Road, stated that she came before the Board att thel last meeting and wanted to make sure thel Board had a copy ofwhat she presented then. She stated that if you look at the map of the property you can tell that  2-    that] piece of property is more woodland than clear. She requested that the text amendment request by Mr. David Styles be denied. The text amendment states that the 40: acres required be decreased to 10 acres. Mr. Styles owns 12.86 acres and al large house sitting on thej property. There are two main ditches on each side of his house and one carries enough water to flood often. She stated that Mr. Styles stated that hel bought the house for the purpose of having al horse race track and he also stated that she lived two miles froml him, whichi is actually 1.1 miles and she can see his house from her back porch. She stated that he owns the land across from] his, which isl heavily hunted, which creates another concern. Mrs. Hendricks stated that the North Carolina Statutes require licensing; therei is a strict regulation inj place by the State under the Gaming Commission which states that horse racingi is prohibited. All the documents shei found address professionally run horse race tracks and require quite a bit of acreage. Acreage is required for the actual race track and requires the same amount of acreage for parking, bathrooms, concessions and office. This is probably why wel have the 40 acres in our ordinance. There is a horse race tracki inl Mineral Springs, North Carolina. The race is held once a year andi is held on 261 acres of farmland and iti is professionally run, asi it raises funds for all the Alzheimer's Association. The ordinance that is inj place now addresses all race tracks, bei it cars, horses, go carts or any kind of race. She asked that the ordinance remain thes same, asi it protects the citizens and the County from unwanted activities. She stated that several people are present tonight that live on Battleboro/Leggett Road andi in the vicinity that are against this text amendment and she asked them tos stand. She stated that Sheriff Clee. Atkinson is trying very hard to clean up our County andt the denial of the text amendment will help himi in his endeavors to make this County safer. Thisl kind of activity opens the door fori illegal gambling, large and noisy crowds, excessive trash, excessive consumption of alcohol, public urination and fights which all contribute to an unsafe environment and a public nuisance. These same acts were witnessed at the: sitei inl Nash County, where this kind of race track was shut down due to thez zoningi issues. Mrs. Hendricks thanked the Board for their attention to Mr. Bob Cassanova, 1018 Benson Farm] Road, stated that his property is not very close to the property. Hei is over two miles away. His concern is if you reduce the acreage from 40: acres to 10 acres you are opening up the possibility of other racing activities like that all over the County. Hes stated that this is the first time that hel has been exposed to this ordinance and he was surprised when) hel heardi it was only 40 acres. He thought this kind of activity would require a lot more than that. Hes stated that he fully support Mrs. Hendricks and hel hoped that the Board would not approve the text change in the Mrs. Harris asked if the tractor pull heldi in Pinetops is considered a race track andi if Mr. Evans stated that he did not know, but would certainly look into that. He stated that Mr. Cassanova asked what experience has been in surrounding counties in situations like Mr. Wiggins stated that the Board asked that question at thel last meeting.  this matter and the time spent researching the subject.  ordinance.  certain acreagei is required. She stated that it creates a lot of noise. it may not trigger any zoning issues sincei it isa once a year event.  this.  Mr. Evans referred to at tablei in the agenda packet listing counties that responded tol Mrs. Jones', Planning Director, request regarding this situation. He stated that nonet that were polled have an ordinance that specifically addresses horse race tracks. He pointed out that most were: related to equestrian boarding and riding and thel lots size requirements Mr. Wooten stated that after researching other counties it looks as if the acre allotments Mr. Boswell stated that we will be setting precedence on whatever is passed tonight. He expressed his concerns about the reduction of acreage without further study. Mr. Felton asked Mrs.Jones if there was discussion or debate from the Planning Board. Mrs.J Jones stated that it was and thel Planning Board recommended thati it go to the Board of Adjustment, but staff recommended thati it go to the Board of Commissioners  were: al lots smaller than 10: acres.  arei for just keeping horses on their property not for horse racing.    since nothing was in the ordinance pertaining tol horse racing. Shes stated that iti is not going to be an actual track but horses running from a straight away, from one point ofl his property to the other end. She stated that they felt thati is request was valid and staff did not want tol be so restrictive with Mr. Styles, because he purchased his property with the Mr. Boswell asked ift thel Planning Board was aware that approving this will set a Mrs. Jones stated that they explained to thel Planning Board thati it was not just for Mr. Mr. Wiggins stated that thel Board does set precedence and we don'tnecessary have to do Mr. Wooten asked ift therei is any other process that can bei implemented that would accommodate Mr. Styles but not change the entire ordinance countywide. Mr. Evans stated that ifiti is voted down or if no action is taken, Mr. Styles could go back andi request a variance from thel Board of Adjustment and thel Board of Adjustment could decide that horse racing falls within the current ordinance that talks about a race track and they could decide to givel him a variance from the 40 acres to 12.86 acres that he has. And with them acting as a quasi-judicial body, that willl be the final decision. Mr. Wiggins stated that based onl Mr. Styles conversation, he felt] he could be There being noi further comments from the public Mr. Wiggins adjourned the public Mr. Wiggins moved to approve thel UDO text amendment as presented. Mrs. Powell seconded the motion. Voting for the motion: Mr. Wiggins and Mrs. Powell. Voting against the motion: Mrs. Harris, Rev. Hines, Mr. Boswell, Mr. Felton and Mr. Wooten. 2. Mr. Wiggins called a recessed public hearing to order to receive citizen comments and guestions relative to a proposed Special Use Permit request from Fern Solar, LLCfor the construction ofas solar energy system. The site for the proposed project is generally along Battleboro-Legget: Road (SR 1407) between Cool Springs Road and Speights Chapel Mr. Evans stated that at thel last Board of Commissioners meeting the Board opened la public hearing tol hear comments relative to a proposed Special Usel Permit (SUP) for the construction ofas solar energy system. After hearing brief comments from the: applicant as well as other concerned parties, the applicant requested the Board consider tabling the matter until ther next meeting. Therefore, the Board recessed the public hearing. Mr. Evans stated that a summary of the related County ordinances isi included in the Board's agenda packets, which describes the SUP application process, thel Boards authority in hearing a SUP request, and the standard by which you are to weigh that request. Mr. Evans provided the following overview for the Special Use Permit process: Process: an application: for a special use permit shalll be submitted to the Board of Commissioners by filing a copy of the application with the Zoning Administrator 20 days prior to thel Board meeting. The: application is first reviewed by thel Planning Department; thel Board holds a public hearing; and the Board reviews the application and takes action. Mr. Evans stated that the County's ordinance does not require that a SUP gol before the Planning Board first, but that has been our practice and he recommended Authority and nature: In considering SUP applications, thel Board acts in a quasi-judicial capacity andi is required to observe thej procedural requirements of thel Board of Adjustment except that no vote greater than a majority vote shalll be required for the Board toi issue a SUP. Thel Board: may require that all testimony be sworn testimony and  intent ofhaving al horse race.  precedence.  Styles' request, it would bei for the entire County.  what other counties do.  accommodated. ifl he requested it another way.  hearing.  Motion failed down by a vote of5: against and 21 for.  road.  that we continue that practice.    that the Chair or the Clerk: administer the oath. Mr. Evans stated that this has not been Standard: thel Board of Commissioners shall approve the requested permit unless it concludes, based upon thei information submitted at thel 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 Ifthel Board finds that application complies with all other provisions ift the EC ordinances, itr may still deny thej permit ifit concludes, based upon thei information submitted at the hearing, that if completed as proposed, the development, more probably than not: Will materially endanger the public health or safety; or Wills substantially injure the value of adjoining or abutting property; or Will not bei inl harmony with the areai in which iti is tol bel located; or Will notl bei in general conformity with the land development plan or other plans Burden: The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the requirements of the EC ordinances remains at all times on the applicant. Thel burden of persuasion on the issue of whether the: application should be turned down for any reason rests on the party or parties urging that the requested permit Being that thel burden of] persuasion tos show the request meets the requirements of thel EC ordinances is on the applicant, the applicant should address the Board first. Then any interested party who would like tos speak regarding the matter is to be given the chance to do sO. Though not explicit in the EC ordinances, reasonable protocol would be to give each side the opportunity to respond to or ask questions of the opposing side. However, this should be done only after recognition from the Chairman, and atl his discretion as to the length and Possible: actions: Following the public hearing, the Board may proceed to vote on the permit request, referi it to committee for further study, or take other action consistent with its usual Mr. Wiggins asked all wishing to speak on the application to come forth tol be sworn in.  donei in the past, but we wills start doingt that. Public hearing requirements after notice:  Permitted Uses; or The application isi incomplete; or  one or more requirements of the EC ordinances.  officially adopted by the Board.  should be denied.  number of times given to speak.  rules of procedure.  Ms. Mungo, Clerk to the Board, administered the oath. Mr. Wiggins called for public comments.  Mr. Phillip Harris (Sworn), Law firm of Kilpatric Townsend, 4208 Six Forks Road, Raleigh, representing Fern Solar, LLC, came forth and presented Fern Solar Project exhibits to the Board. He stated that they were here for a Special Usel Permit thati is required because this isas solar energy system and because itis zoned A-1, therei is a requirement based on size of thej project that a SUPI needs tol bei issued. This project is a 960 acres spread across! 9 separate plots ofland, 1001 megawatts solar facility that's located along Battleboro/Leggett Road. A special use permit for a solar project requires compliance with Edgecombe County's UDO and the Solar Development Ordinance. He stated that for a SUP to be granted thel Board of Commissioners: must find that the application is complete and that it complies with all the ordinance requirements. Mr. Harris stated that based on the application submitted to thel Planning Board and materials submitted to thel Board of Commissioners they have met that requirement. Thel Board of Commissioners may also deny the application ifs some of the following factors are not proved: Itwill not endanger public health or safety It willi not injure the value of adjoining property Itwilll bel harmony with the area which iti is located adopted by the Board of Commissioners  Willl be in conformity with other land development plans or other plans officially Mr. Harris stated that the solar development ordinance has puti into play several different requirements whichi include additional requirements for specific set-backs, more height limitations, have toj provide notification to the nearest airport, have to provide    decommissioning: plans, have tos submit buffering, submit a site plan and allow for within 100 feet of other residential properties a vegetative buffer. All of these are satisfied with the site plan that was submitted to the Planning) Board. Based on the application and the accompanying witnesses who arel here toj provide testimony and answer any questions, the applicant is satisfied that the requirements oft the Edgecombe County UDO and the Solar Ms. Karal Price (Sworn), Director of Project Development for Geenex Solar (Leader of] Fern Solar project), 1910 Abbott Street Suite 200, Charlotte, NC, came forth toj providea summary of the project. Shej provided information on Geenex Solar, stating that they are: a solar developer and their expertise is in gaining the land in order to create a solar project. Geenex prides itself on community engagement and they want to make sure that when solar came into a community other benefits came along with that and education and workforce development are some of those opportunities that they want to ensurel happen. She stated that the good thing about solari is that therei is no emissions; not a lot of noise associated with solar; very little reflection that comes from the panels; most oft the materials usedi in a panel is very basic (aluminum, glass) things that can be recycled; land can be returned toi its original use. The solar energy fieldi is growing and becoming more competitive.  Ordinance havel been met. Mr. Harris introduced. his witnesses.  Why now? Why) Edgecombe County? Demand for low-carbon/no-carbon energy Affordable solar - Growth Available land with existing transmission lines Good topography Solar development provides: Generation of low carbon/no-carbon renewable energy Long-term income for locall landowners Asafe and low-impact land use Arecruitment tool fore economic development Local construction, jobs during development phase Ani improved tax base for the County Educational opportunities for local schools  Mr. Wooten asked how many different landowners comprise the 961 acres. Mr. Jim Harris (Sworn), 1733 West Castalia Road, Nashville, NC, Manager of] Land Ms. Price provided information on the Fern Solar facility (design, property, facility size, estimated start of construction, estimated project completion and service life), decommissioning plan and extensive permitting oversight. She also provided information on tax revenue, workforce development and economic & educational. Mr. Chris Sandifer (Sworn), Electrical Contractor and Professional Engineer, 3118 Green Road, Spring Hope, NC, came forth to discuss the development of thej project and the fact that thej project will not endanger public health ors safety. He provided his background information and solar experience. He stated his experience with solar farm designing, construction, operation, and maintenance. He understands the equipment, procedures required for safe and environmental responsibility of the decommissioning of the solar farm. Hes stated that he also understands thei importance of having as steady and stable cash flow for percentage of thei farml business. He described the materials and construction of the Fern Solar Farm. Mr. Sandifer stated that thes solar farm will generate clean energy with little environmental impact. He stated that iti is his professionally opinion that the proposed project will, if developed according toj plans, willl be in harmony with the area in whichitis located andi in conformance with thel Edgecombe County land use plan and the proposed project is essential and desirable to the public convenience and necessity. Mr. Nick Kirkland (Sworn), Kirkland Appraisals, LLC, 901 Occoneechee Drive, Fuquay Varina, provided as summary of] his findings that the construction of solar facilities havel had noi impact on home values asl long as the set-backs and vegetative buffers that are required are maintained. He stated that for this project they havel looked at 27 Solar Farms in Edgecombe County and adjoining counties, which show a combined agricultural and residential medium rate of 97% adjoining use acre. Thej proposed location for this proposed solar facility is similar to what they have found for thel local area and that the majority of the adjoining uses are agricultural and residential. Mr. Kirkland stated that iti is his protessional opinion that the proposed solar farmi isi inl harmonious use in the location.  Development, provided names of thel landowners.  -6-    Ms. Mozine Lowe (Sworn), Center of Energy Education, 119 Spring Forrest Circle, Littleton, NC, speaking on the benefits ofs solar projects, stating their commitment to bringing training and educational opportunities to thes schools and to the community related tos solar projects. She stated that the Center of Energy Education provides education and training programs to public officials, schools, community colleges so that everyone in the community willl be aware of] how solar farms work. For schools they offer summer camps, solar education programs for teachers. They work very closely with the community colleges in order to] provide workforce development training tol local residents (construction training and safety), and any other courses tol help in the understanding of how solar technology Mrs.] Barbaral Hendricks (Sworn), 3122 Battieboro/Leggett Road, stated that about two years ago a young man appeared in their driveway and wanted tot talk tol her and her husband about a company called Geenex (Fern Solar). He showed her husband maps, used his drone to fly over their property and fascinated them with the potential that they may haves solar farm. She stated that after many meetings, searches on the internet, reading information over and over again they realized that this move could guarantee them with health care at their older age, plus leaving ai farm and estate for their children after their deaths. Shes stated that Geenex has given them the opportunity toj preserve some. legacy for their family. She asked the Board to approve this area for a solar farm, asi it willl be Ms. Irenel Brown (Sworn), 6251 Lincoln Drive, Rocky Mount, she stated that shei is an education and STEM teacher and she attended the Solar Energy training this summer at Phillips School. She stated thati it was very beneficial tol her for her classroom and al lot of knowledge was gained and) hasi implementation strategies to usei in her classroom. Ms. Brown stated that Edgecombe Community Collegel Early College students and Rocky Mount Prep School students have become NC Green Power schools. A grant was obtained to geta panel to teach with and having a solar farml here will create an: avenue for the students to acquire greater knowledge tol become globally competitive for economic success. She asked Ms. Kathy Stallings (Sworn), 6541 Batteboro/Legget: Road, stated that she has been on: a farm all of] her life and she understands the desire toj pursue alternative energy forms. She stated that shei is a retired high school teacher, having taught civics, economics and earth science. Shei is aj proponent of solar energy because she has taken students to the solar house atl NC: State. Everything shel hasl heard here tonight and has heard in other presentations makes it sound like there is not one single down side at all. Ms. Stallings stated that she realizes thatl by getting up here to this Board is to no end other than to makel her feel better, because shel has alli ideas that thel Board is going to approve this project. However, she asked that they look at thei impact of losing farmland. Farmland has been around al long time and ifwe are going to eat we1 need farmland. How many people is this going to impact. She stated that she understand that the folks that wanti it, they want secure money for their retirement. She stated that if thet tax rate looks pretty good then thel Board should look at reducing tax bills or getting better teachers, increasing our school system supplements, and increase law enforcement. Only two or threej jobs are going to come out of the project after construction. The folks that are currently doing thej pipeline are not from around here. Only 20% of sunlight is captured by these solar panels. Ms. Stallings stated that we are not making any morei farmland. Once farmland is gone, iti is gone. America loses three acres of farmland andi ranchland every minute to development and Edgecombe County is looking at Shes stated that Ronl Heiniger (Crop Scientist) of NC State says no toi it. He says iti is not a  works.  favorable for the County as well as their family and others.  thel Board to allow the solar farm inj Edgecombe County.  1500: acres leaving right now to solar developments.  good deal.  Mr. Phillip Harris objected tot that statement on the grounds of hearsay.  Mr. Wiggins stated that she iss speaking her opinion.  Ms. Stallings stated thats shel knows that there is no easy answer. There are up-sides and down-sides and thel Boardi is hearing tonight only the up-sides. Shes stated that thel Board owei it to us and yourselves tol look at all of the angles. She stated that she could not imagine thel landi immediately returning toi farmland after 30 years of solar panels. She stated that farmers doj play taxes, they may be deferred, but whati is the difference ini farmers paying deferred taxes and danglingi incentives for businesses to come to a community. The saying that] people can do what they want to with their property is not correct. That is why special  -7-    use permits are issued. She stated that she cannot build al business where she lives, she Mr. Boswell asked how much of this farmland is currently being farmed. Mr.. Jim Harris stated that the majority of thel landi is being farmed right now. Mr. Wiggins asked about an unanswered question from thel last meeting from aj petitioner that came forth and said his land was deadlocked. Has thatl been cleared up? Mrs.. Jenkins stated that staff has spoken with both Fern Solar and Geenex and Mr. Anderson (landowner). Mr. Anderson's property is noti in proximity to an access easement Mr. Phillip Harris thanked the Board on behalf of] his client, Geenex. Hej provideda There being no other public comments Mr. Wiggins adjourned the public hearing. Mr. Evans stated that based on the application and thej presentation Fern Solar, LLC does meet the requirements of the Edgecombe County UDO and he recommended that the Board Mr. Felton moved to approve as recommended. Mr. Wooten the motion, which carried by Mr. Evans recommended approval of the Special Use Permit. He stated that thel Planning Board forwarded ai favorable recommendation regarding the Special Use Permit. Mr. Wooten moved to approve the issuance of the Special Use Permit. Mr. Boswell seconded 3. Mr. Wiggins called aj public hearing to order to receive citizen comments and questions relative to a proposed Special Use Permit request from Edgecombe Solar, LLC for the construction ofas solar energy system. The site for the proposed project is located along US 64 Alt. West, at thei intersection of Kingsboro Road, also identified as parcels 3789-44-  would have to geti it rezoned.  and not landlocked and] hei is good withi it. summary of what was presented.  approve that the requirements were met.  unanimous vote.  the motion, which carried by unanimous vote.  9993 and 3799-58-0724.  Mr. Peters read thej public notice as published.  Mr. Evans stated that this project comes with ai favorable recommendation from the Mr. Wiggins asked all wishing to speak on the application to come forth tol be sworn in.  Planning Board.  Ms. Mungo, Clerk to the Board, administered the oath. Mr. Wiggins called for public comment.  Ms. Katherine Ross (Sworn), Parker Poe Adams & Bernstien Law Firm, representing Edgecombe Solar, LLC, stated that she was present toj provide evidence to say that this solar farm, ifb built as proposed, meets all of the development standards in the County's ordinance and therefore should be approved. The thing about a solar facility as anything that requires a Special Usel Permit, is about location andi impact to adjoining and neighboring properties, the visibilities and impact to the land. Edgecombe Solari is proposed to be on Alternate 64, which is ani ideall location because of its lowi impact, because of the area and uses around it. Shes stated present to testify were. Mr. Bryan Van Portfliet, with Duke Energy, the parent company of Edgecombe Solar, who willl be developing thej project Mr. Brock Taute an Engineer with Dukel Energy, whol has participated in the development of thej project and will testify to the fact that it will meet all of the County's Solar Development: Standards and Ordinances, and Mr. Nick Kirland, Mr. Wooten asked for the County Attorney's: advice on conflict ofi interest, stating that he found out that his company called this company toj potentially solicit business. Hes stated  toj provide ani impact analysis.  8-    that he wanted to make surei if he should excuse himself or ask for recusal. He stated that his company does not currently have al business relationship with them. He stated thati it  sounds as thoughl his staff has reached out to the solar company. Mr. Peters stated thati it would be up to the Board.  Mr. Wiggins stated that its sounds as ifthel Board should recuse Mr. Wooten. Mr. Felton moved to recuse. Mr. Wooten. Mr. Boswell seconded the motion, which Mr. Van) Portfliet (Sworn), Associate, Renewable Development - Invenergy, stated that thiss site willl be' 75 megawatts, located on two parcels, each parcel has about 300 acres that willl house thes solar facility, each parcel is zoned AR-30 and per the Edgecombe Solar Ordinance, they willi need a Special Usel Permit for al level three project similar to this size. Hes stated that they have tol be 30 feet from all frontal properties, 12 feet from the sides of thej property, and 25f feet from the rear of the property. They go over and beyond that, proposing tol have 1001 feet setbacks from their solar energy system to any public road or any parcel that has a residential dwelling oni it. The project will not exceed the 25 foot maximum height. The project will have aj proposed vegetative buffer along Hwy 64 and all adjoining properties. He stated that the project will not have any public signage and will not have any additional lighting. Mr. Van Portfliet stated that the decommissioning plan was submitted as aj part of their application, which requires for Mr. Brock' Taute (Sworn), Renewable Projects Engineer, stated that his job atl Invenergy as project engineer is to design solar farms, oversee the process of creating thel layout, and do the modeling andi investigation of different technologies to make sure they are using Ms. Ross asked Mr. Taute ifhe wasi involved in the development of the site plan for  carried by unanimous vote.  them to return the land as is once the project is finished.  whati isl best for the site. Edgecombe Solar. Mr. Taute stated that he was.  Ms. Ross stated that she would tender Mr. Taute as an expert engineer in solar farm Ms. Ross asked Mr. Taute to describe Edgecombe Solar as he understands it. Mr. Taute stated that the Edgecombe solar construction process would be similar to what has already been described. They wouldi install piles by driving them into the ground. On top of those they would put the racking equipment and the panels on top of that. He stated that thel Edgecombe Solar project will take up about 600 acres; solar technology is greater than 50 years old; thej panels are over 80% glass and aluminum, 10% silicon, copper and metal; every module would pass thel EPAs Toxic Leaching Characteristic Procedure (it will be capable of being disposedi in al landfill); every solar farm will be designed to ensure safe operations; all federal, state and local laws and regulations will be met. He: stated that iti is his professional opinion that the solar facility will not materially endanger public health or safety. He further stated thati iti is also his professional opinion that thej proposed solar facility will comply with all requirements of the Edgecombe Mr. Nick Kirkland (Sworn), 901 Occoneechee Drive, Fuquay Varina, Reall Estate Appraiser, Kirkland Appraisals, LLC. has been working with Kirkland Appraisals for Ms.] Ross asked] Mr. Kirkland ifl he did ani impact study on Edgecombe Solar. Ms. Ross tendered Mr. Kirkland as an expert ini impact studies on solar farms, in Ms. Ross asked Mr. Kirkland, in lookingi into his impact study for Edgecombe Solar did  development with knowledge specifically to Edgecombe Solar.  County Solar Energy Development Ordinance. four years doing data on solar farms. Mr. Kirkland stated yes. specifically Edgecombe Solar.  he analyze the properties surrounding thej proposed facility.  9-    Mr. Kirkland stated yes. Theyl looked at thes surrounding properties and measured the distances of panels andl looked ati it to make sure those characteristics are typically what Ms. Ross asked] Mr. Kirkland if! he had an opinion as to whether this facility is proposed Mr. Kirkland stated that iti is his professional opinion and based on the matched pairs in thei impact studies that thej proposed solar facility will noti impact adjoining or abutting Mr. Felton stated that wel have ani intensivei industrial development in that area. He asked ift there was any potential negative effect on the industrial development plans out there. Mr. Kirkland stated that while they do not have any matched pairs looking at adjacent sales that adjoin both solar farms andi industrial complexes, typically industrial facilities, in relation to residential developments, adjoining or abutting, typically the industrial facility is going tol bring the residential development down as opposed to something bringing thei industrial facility down. There is no reason why it would impact Ms. Ross stated that according to Section 4-7.5H ofThe County's ordinance they have a burden to carry. She presented to the Board that the evidence brought to them under oath, or affirmation, sworn, is competent material and substantial evidence, which is the standard under thel law by which the Board has to make a decision on whether or not to issue a Special Use Permit. Shes stated that she would submit to thel Board that they have met their burden by presenting competent material, substantial evidence to show that the project isi in full compliance with the Solar Ordinance and with all of the County'sUDO Mrs. Bernice Pitt (Sworn), 211 E. Wilson Street, Tarboro, asked the Board to consider a yes vote for this project. She stated that she has livedi in Tarboro all of! her life an unfortunately shel has seen thel loss ofal lot of population, but because of the vision and the hard work oft thel Board she sees al bright future coming. She stated that she would like for this to continue with us being mindful that we can be good stewards for our environment. When she graduated from' Tarboro High School, it was a3A school, but now itiss al 1AA school, so our population has been leaving, but now they have every reason in the world to come back. She encouraged the Board toj please consider a yes vote for this project. Keep working hard, keep that great vision and be great stewards of our Mr. Seth Swigley, 2235. Pinetree Lane, Rocky Mount, came forth to speak.  they do with other solar farms.  withi impact to adjoining and abutting properties.  property values.  negatively or positively adjoining industrial facility.  requirements.  environment.  Ms. Mungo administered the oath.  Mr. Swigley (Sworn), former Special Ed. Teacher, stated that he was excited about the project, not just for the tax benefits for the County, but also for the benefits showing the signs of progressi in our community. Mr. Swigley asked thel Board to submit a yes vote Therel being no further comments Mr. Wiggins adjourned the public hearing. Mr. Evans stated that based on the application and thej presentation Edgecombe Solar, LLC does meet thei requirements of the Edgecombe County UDO and he recommended Mrs. Harris moved to approve as recommended. Rev. Hines seconded the motion, which Mr. Evans recommended approval of the Special Use Permit. He stated that the Planning Board forwarded ai favorable recommendation regarding the Special Use Permit. Mr. Boswell moved to approve thei issuance of the Special Use Permit. Mr. Felton  and affirm this Special Use Permit.  that thel Board approve that the requirements were: met.  carried by unanimous vote.  seconded the motion, which carried by unanimous vote.  5.  PUBLIC PETITIONS.  10-    None.  6. OTHER BUSINESS:  A. Approval ofl budget amendments.  Mrs. Harris moved to approve the budget amendments as presented. Mr. Felton B. Approval of an application to thel North Carolina Department of Commerce: for funds Mr. Wiggins moved to approve the application as presented. Mr. Boswell seconded the Approval of an application for Public School Building Capital Fund North Carolina Mr. Felton moved to approve the application to replace the roof at Southwest Edgecombe High School. Mr. Boswell seconded the motion, which carried by D. Approval of thel FY 2018-2019 Rural Operating Assistance (ROAP) application. Mr. Evans stated that Edgecombe County is eligible to receive funds to assist residents with transportation through the Rural Operating Assistance Program (ROAP). In the past wel have partnered with' Tar River' Transit to apply for and administer these funds for the County. Mr. Evans proposed that the County continue that partnership. He stated that the County is applying for $162,163.This covers three categories of funding: Elderly & Disabled' Transportation, Employment Transportation Assistance and Rural Mr. Felton moved to approve thes submission oft this ROAP allocation and to authorize thel Manager to execute thes same. Mrs. Harris seconded the motion, which carried by Mr. Evans stated that to accommodate thel building of the CSXI Intermodal Rail Terminal, iti is necessary to abandon a part of College Road (SR 1403). Thej portion of College Road to be abandoned lies between property that CSX owns. To begin the abandonment process, the County must first petition the NCI Department of Mr. Boswell moved to: approve the resolution toj petition the: abandonment of this state maintained road. Mrs. Harris seconded the motion, which carried by unanimous vote. Mr. Felton moved to appoint Mr. Jerry Abrams. Mrs. Harris seconded the motion, which Mr. Felton moved to approve the afterlists and releases as presented. Mrs. Harris seconded Mrs. Harris moved to approve the contracts as presented. Mr. Boswell seconded the motion,  seconded the motion, which carried by unanimous vote. for the development of the 53 acres in Princeville. motion, which carried by unanimous vote. Education Lottery fund. unanimous vote.  General Public assistance. unanimous vote.  E. Approval ofa petition to abandon College Road.  Transportation for such action.  7. APPOINTMENT.  carried by unanimous vote.  8. ABTERLISTS AND RELEASES FORI REVIEW AND APPROVAL.  the motion, which carried by unanimous vote. 9. CONTRACTS FORI REVIEW. AND/OR APPROVAL. which carried by unanimous vote. A. Water Services. B.Financial: Summary Report. C.Midlakes project update. D.Solid Waste report for fiscal year 2018 E.Health] Department report. G.E Elections update. 11. MANAGER'S REPORI--Recehved" A.] Economic and Workforce Indicators. B. Letter from Pinetops C. Firel Department rating report.  10. DEPARTMENTAL REPORTS FOR REVIEW-Reched":  F.Tax Administration- Notice on overhead fee change.  -11-    D. Eastpointe report.  Mr. Evans provided an update on thel Kids and Parks program.  12. COMMISSIONERS REPORT. 13. ATTORNEY'S REPORT. 14. CLOSED SESSION.  None.  Rev.] Hines moved to goi into closed session to discuss economic development. Mr. Felton Mr. Felton moved to go out of closed session. Mr. Boswell seconded the motion, which Mr. Wiggins stated that the Board received an email from Mr. Evans regarding thei naming of the auditorium after Mr. Lorenzo Carmon and severall Board members felt thata Mr. Wooten stated that he thought thel Board needed to take more time to deliberate. He stated that he was not opposed toi itl but to discuss what has been donei in the past and plans  seconded the motion, which carried by unanimous vote.  carried by unanimous vote. discussion was needed. for the future.  Mr. Wiggins stated that it willl be done on a case by case basis.  Rev. Hines moved to name the auditorium after Mr. Lorenzo Carmon. Mrs. Harris Mr. Wooten felt that there should bes some kind of] policy or some deliberation.  seconded the motion. Mr. Boswell agreed. (Boswell, Wooten).  The motion carried by a vote of5f for (Wiggins, Hines, Harris, Felton) and 2 against 15. MR. WOOTEN MOVED TO ADJOURN THE MEETINGI INTTLNONDAYOCTORER 1.2018 AT7:00 P.M. MRS.] POWELLSECONDED THE MOTION, WHICH CARRIED  BYUNANIMOUS VOTE.  Approved October 1,2 2018 Seink  -12-