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07-12-2021 Closed Session Meeting Minutes BOCJuly 12, 2021, Closed Session #1 Page 1 of 2 Person County Board of Commissioners Minutes of a Closed Session DATE: July 12, 2021 MEMBERS OF BOARD OF COMMISSIONERS PRESENT: Chairman Powell, Vice Chairman Puryear, Commissioner Gentry, Commissioner Palmer, and Commissioner Sims OTHERS PRESENT: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, Planning Director, Lori Oakley, Planner I, Angela Blount and County Attorney, Robert Hornik CLOSED SESSION #1 A motion was made by Commissioner Sims and carried 5-0 to enter into Closed Session #1 per General Statute 143-318.11(a)(3) at 9:03am for the purpose to consult with the county attorney in order to preserve the attorney-client privilege with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Robert Hornik, Planning Director, Lori Oakley and Planner I, Angela Blount. Chairman Powell called the Closed Session #1 to order at 9:05am. County Attorney, Robert Hornik stated the purpose of the Closed Session 1 was to discuss with the Board the Quasi-Judicial procedures related to commissioner concerns to visit the site individually or as a Board. Commissioner Gentry stated she was expected to make a decision when she just received the binder of information and it would have been nice to know about a project of this size ahead of time. She stated she wanted to see it in person. Mr. Hornik said the Board is supposed to make a decision based on the evidence presented at the hearing. He said there are two ways to do a site visit: 1) individually and come back and tell everyone in open session that you went out to see the site and it does not affect your decision one way or the other, and/or 2) visit the site as a Board in which case, the Board opens the hearing, continue the hearing to date and time to visit the site together with a quorum (a portion of the public hearing at the site). Mr. Hornik recommended for the Board to go and look at the site without discussion among each other, no questions asked (could write down questions to ask when back in the meeting) with the purpose to visit the site together with the applicant’s representative if they so desire so that there is no improper communications, i.e. no ex parte communications. Commissioner Gentry asked why was she advised by Ellis Hankins and Kevin Hornik not to visit the site ahead of time to which Mr. Hornik said the general rule is to not go visit the site unless you come back to disclose that you went there noting the decision is based solely on the information/testimony presented. Commissioner Sims confirmed that 10-acres (Level 3) or more of solar energy can be approved or denied by the Board to which Mr. Oakley confirmed. Ms. Oakley stated she has told Commissioner Gentry there is another project coming before the Board in September, for another Level 3 as a Conditional District Rezoning noting it is a legislative process (a different process from the Quasi-Judicial). The solar farm request before the Board this date is zoned RC but need approval from the Board for the Special Use Permit (SUP). July 12, 2021, Closed Session #1 Page 2 of 2 County Manager, Heidi York suggested as this was the first SUP process for this Board and thought it helpful for the attorney to remind them of what to take into account. Mr. Hornik said the standard for the Quasi-Judicial process is consideration that the request meets the four findings of fact to grant the SUP. He added the Board has to consider only the information that is presented to the Board at the hearing with all witnesses sworn, like in a courtroom. Mr. Hornik stated there has to be substantial competent evidence in the record to support the finding(s) for the affirmative or the negative. He said the court says substantial competent evidence is sufficient evidence for a reasonable mind to reach a conclusion noting it does not have to be beyond a reasonable doubt nor more than 50%, it just has to be enough to make sense. This will include documentary evidence, testimony to support with the Board to weigh that evidence to see if the applicant has established the four findings. Mr. Hornik noted there will be people to speak in opposition to the application and some of their testimony is likely to be competent testimony, meaning a person has the qualifications and background to be able to testify about the subject matter, i.e. testimony about the impact on property values; that kind of testimony has to presented by an expert, i.e., an appraiser, someone who is qualified to give an opinion of the impact of facilities on nearby adjoining property values. He added a layperson was not considered competent by a court to give testimony about what they think the impact on their property value will be with a facility next door. Commissioner Sims asked Mr. Hornik if the Board votes no on any project, would be County be faced with any legal issues. Mr. Hornik stated the applicant has the option to appeal the decision to Superior Court. Commissioner Sims asked Mr. Hornik if the Board desired, could the Board implement a moratorium, to which Mr. Hornik stated there is a process for setting a moratorium and that the Board could not adopt a moratorium today and have it legal. Vice Chairman Puryear asked about the pending applications for solar energy facility should the Board decide a moratorium is appropriate, to which Ms. Oakley confirmed any pending submitted applications are essentially grandfathered in for consideration prior to any set moratorium. Vice Chairman Puryear stated if more time was needed, the Board could delay consideration; Mr. Hornik noted that when the public hearing was closed, the public input part of the process was over. Vice Chairman Puryear asked Mr. Hornik what language should the Board use if more time was needed for consideration to which Mr. Hornik said a motion to have this item considered at a future meeting, i.e., first meeting in August. Mr. Hornik reiterated that the Board must only consider what is heard at the public hearing and the Board was not allowed to discuss or listen to anyone. Mr. Hornik said if the Board has ex parte communications, that has to be disclosed in open session including who and what was discussed and whether or not it has influenced your decision one way or another. Ms. Oakley addressed moratorium noting there has to be purpose for the moratorium and the last time, it was for six months with an extension to write and adopt a solar ordinance, which was done. Mr. Hornik added that moratoriums are frowned upon by the law and in order to adopt a moratorium, the Board must follow the zoning ordinance amendment process that includes notice, public hearing and then a decision. Commissioner Gentry stated she would like to address the Solar Ordinance to address future applications. Vice Chairman Puryear asked the Board when the consideration to grant or deny the item was before the Board that one of the commissioners would move to have continued to August 2, 2021. Mr. Hornik said assuming the public hearing was closed, the motion would be to continue this matter to the August 2, 2021 board meeting. A motion was made by Commissioner Sims and carried 5-0 to return to open session at 9:30am. July 12, 2021, Closed Session #2 Page 1 of 2 Person County Board of Commissioners Minutes of a Closed Session DATE: July 12, 2021 MEMBERS OF BOARD OF COMMISSIONERS PRESENT: Chairman Powell, Commissioner Gentry, Commissioner Palmer, and Commissioner Sims MEMBERS OF BOARD OF COMMISSIONERS ABSENT: Vice Chairman Puryear OTHERS PRESENT: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, Economic Development Director, Sherry Wilborn, and County Attorney, Robert Hornik CLOSED SESSION #2 A motion was made by Commissioner Palmer and carried 4-0 to enter into Closed Session at 1:14pm per General Statute 143-318.11(a)(4) for the purpose of discussion of matters relating to the location or expansion of industries or other businesses in the area served by the public body, including agreement on a tentative list of economic development incentives that may be offered by the public body in negotiations with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, Economic Development Director, Sherry Wilborn and County Attorney, Robert Hornik. Chairman Powell called the Closed Session #1 to order at 1:15pm. Economic Development Director, Sherry Wilborn stated the purpose of the Closed Session #2 was to provide the Board with an update on the following economic projects: Project Bottle: Tunnel Creek request from Larry and Sharon Holler; Ms. Wilborn stated after speaking with the Hollers, she no longer considered this Project as competitive/confidential due to the limitations with public sector funding to private sector entities noting they are looking for support on infrastructure for city water for a proposed expansion for a bottling plant. Ms. Wilborn stated she would work with the City of Roxboro once she has more information on the needs. She clarified that there was not a grant awarded to the Rock of Ages as mentioned in a previous Closed Session. Project Famous: Polywood expansion; Ms. Wilborn stated Polywood has accepted the terms with the state of NC for a grant noting all parties were working to set a date for an announcement. Ms. Wilborn said the Polywood rep desired just a press release announcement; she noted it was a huge investment from all parties and hoped for an in-person recognition by the Governor and Secretary of Commerce. She hoped the announcement would be by the end of July. July 12, 2021, Closed Session #2 Page 2 of 2 Project CAP: Ms. Wilborn said due diligence continues to get the Capital Power Plant property to a place where PCBIC is comfortable to accept as a donation; she added PCBIC has offered a donation agreement to Capital Power and are awaiting their acceptance or revisions of the terms. Project Supernova: Given their concerns of the topography and wetlands, Ms. Wilborn stated she worked with Timmons for a rough cost estimate to prepare a 500-acre pad of the 1,350 Mega Park site. With high construction costs and timelines shrinking, this was not the only project asking communities to be creative for an upfront incentive. She provided an estimated cost of pad delivery for a 500-acre pad for clearing, grading, erosion control, wetland and stream impact fees over $62M which does not include any rock encounters, land acquisition including the 12 additional properties, or costs related to road relocations and professional fees, which could take it over $74M compared to the original package investment at $1.47B. Ms. Wilborn stated this may or may not get us back in the game with Supernova, but a plan for any prospect for that property. Ms. Wilborn said PCBIC has been appointed by the Board of Commissioners to oversee the management of that project and at their next meeting, a consultant, Ernie Pearson, will be present to help with the expanded scope of the project and to approach the additional landowners. Ms. Wilborn said that this plan might be a conflict with the Board’s continued public hearing noting she would discuss further with the attorney. Commissioner Gentry felt the County would have to take risks or we lose completely. Project Light: In the same concept of an upfront incentive, Ms. Wilborn said this project proposes $166M capital investment, $37M equipment with 550 jobs with an average wage of $70,990; they are now asking communities if they would consider new construction of publicly owned facilities to be leased to them for a period of time. They need two sites 1.2 miles apart at least to which Ms. Wilborn said she submitted the Capital Power site and the North Park site (both would be publicly controlled). Ms. Wilborn stated the prospect desired payment in lieu of taxes in that the county could consider their lease payment. The county would pay upfront and make their return on the back end. Ms. York added it is a shell building, therefore a risk. A motion was made by Commissioner Sims and carried 4-0 to return to open session at 1:31pm.