1. CONSENT AGENDA COMMENTS FROM THE PUBLIC TIDES SOLAR€¦ · approved, the project was 40 acres of solar panels and now the project consists of 21.5 acres of solar panels. Jeremy

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May 20, 2019 Minutes

May 20, 2019

The Board of Commissioners of Franklin County, North Carolina, met for its Regular Meeting at

7:00 P.M. in the Commissioner’s Conference Room located in the County Administration

Building with the following Commissioners present: Chairman Sidney E. Dunston, Vice-

Chairman Shelley L. Dickerson, Commissioners Michael S. Schriver, David T. Bunn, Mark Speed,

Cedric K. Jones and Harry L. Foy, Jr.

Chairman Dunston called the meeting to order and asked the Board to consider approval of the

consent agenda.

Commissioner Bunn made a motion to approve the consent agenda. The motion was seconded

by Commissioner Dickerson and duly carried approval with all present voting “AYE.”

The items approved are as follows.

1. CONSENT AGENDA

A. May 6, 2019 Minutes B. Releases, Adjustments, Refunds, and Tax Collection Report

2. COMMENTS FROM THE PUBLIC This was the time set aside by the Board of Commissioners to allow individuals five minutes to address the Board on issues concerning the county. Scott Strickland, Sheila Lane, Louisburg, NC

Mr. Strickland thanked the Board for its service to the citizens of Franklin County. Laura Pederson, 6328 Willowlawn Drive, Wake Forest, NC

Ms. Pederson asked the Board to remember the animals during budget season. 3. PUBLIC HEARING: REQUEST FOR SPECIAL USE PERMIT – TIDES SOLAR

The Board was asked to conduct a public hearing and consider approval of a special use permit request by Carolina Solar Energy II, LLC to construct a solar energy farm on 21.43 +/- acres of approximately 62 acres located off Tides Lane located off NC 39 Highway in Louisburg Township in the Residential-30 (R-30) Zoning District. Scott Hammerbacher, Planning & Inspections Director, relayed recommended conditions of approval unanimously agreed to by the Planning Board in his presentation below.

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At approximately 7:06pm, Chairman Dunston opened the public hearing and each of the following witnesses were sworn under oath by County Attorney Pete Tomlinson. Beth Trahos

Ms. Trahos is an attorney with Nelson Mullins representing Carolina Solar. She reminded the Board she appeared before them on March 7, 2016 regarding the same case. At that time, the Board approved the permit, but in the interim there was difficulty with Duke Energy in getting the inner connection completed and the original special use

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permit expired. Now that the connection has been completed, she said the only change in the project is a reduction in the size of the farm itself. When it was originally approved, the project was 40 acres of solar panels and now the project consists of 21.5 acres of solar panels.

Jeremy Spaeth

Mr. Spaeth is a civil engineer with Strata Solar. He noted the project involves the same parcel of land approved in 2016, but stated the size is now smaller and more rectangular shaped. A few conditions discussed include a 6 foot tall security fence with a one foot barbed wire fence to encircle the farm. A landscape buffer will be planted along the western and southern boundaries of the farm. He said existing vegetation in the conservation easement will be recorded along the western and northern boundaries and therefore all four sides will be covered with landscaping.

In his professional opinion, Mr. Spaeth confirmed the site plan meets all the requirements of the Franklin County Unified Development Ordinance.

He stated the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety and general welfare of the area. He said solar panels are a low impact development with a small amount of traffic that will enter into and out of the site once built.

He said there are adequate services and facilities to serve the proposed solar farm that will be 24 hours a day, seven days a week from Durham, North Carolina.

He said the screening and site design is sufficient to create no impact on neighboring/adjacent properties. He said the western and southern boundaries of the farm will have a planted buffer and that existing vegetation will be maintained along the northern and eastern boundaries of the project.

Tom Hester

Mr. Hester is a state certified general appraiser and member of the MAI. He stated he has a North Carolina broker’s license and has been appraising properties in North Carolina for approximately 38 years. He stated he had prepared (and distributed to the Board) a Property Impact Analysis report. He said the site is in the middle of a larger tract and set off of the road. He said his professional opinion is that the proposed project is located, designed and proposed to be operated so that it will maintain or enhance the value of contiguous property.

He said it is also his professional opinion the proposed project conforms to the general plans set forth in the county’s comprehensive plan.

He said it is his professional opinion the location and arrangement of the project would be in harmony with adjoining properties in the general area.

He also stated the project would not have any adverse effects on adjoining properties. Ms. Trahos noted there are three items of documentary evidence she wished to have entered into the record including the following:

Application and staff report that are a part of the packet provided to the Board

Property Impact Analysis prepared by Thomas Hester

Documentation of prior approval on March 7, 2016 At approximately 7:16pm, Chairman Dunston declared the public hearing closed with no further comments offered from the public. Commissioner Foy made a motion to accept the petitions have been accepted and entered into evidence; that all conditions of the ordinance have been met; that the petitioner is in agreement with the conditions suggested by the Planning Board and to approve the special use permit request. The motion was seconded by Commissioner Speed and duly carried approval with all present voting “AYE.” 4. 2019-2020 BUDGET PRESENTATION The Board received the budget proposal and was asked to call for a public hearing on June 3, 2019 in order to receive public comment on the budget proposal.

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County Manager Angela L. Harris highlighted items from her 2019-2020 budget message and Finance Director Jamie Holtzman provided the following presentation.

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The Board will conduct its first work session on the proposed budget on May 21, 2019 at 5:00 P.M. A public hearing on the budget is scheduled for June 3, 2019. 5. FLEMING FOREST SUBDIVISION STREET SPECIAL ASSESSMENT The Board approved a preliminary resolution to finance street improvements in addition to conducting a public hearing. During the hearing, comments were predominantly related to the nature of improvements and there was no opposition expressed. The Board was asked to consider approval of a final assessment resolution to fund street improvements within the development. Commissioner Schriver made a motion to approve the final resolution to finance street improvements within Fleming Forest Subdivision. The motion was seconded by Commissioner Jones and duly carried approval with all present voting “AYE.” STATE OF NORTH CAROLINA

FINAL ASSESSMENT RESOLUTION:

FLEMING FOREST SUBDVISION

COUNTY OF FRANKLIN

WHEREAS, Article 9 of Chapter 153A, General Statutes of North Carolina authorizes counties to make

special assessments against benefited property for all or part of the costs of paving or otherwise improving streets.

WHEREAS, the Franklin county Commissioners desire to assist in the improvements of certain

substandard streets in the Fleming Forest Subdivision in Franklin County identified within Map Book 1999, Pages

395-400.

WHEREAS, a special assessment against the benefited property is necessary to recoup the costs of said

improvements to be financed by the County.

WHEREAS, The total project cost is estimated at $218,393 ($2,700 per lot; 81 lots; plus interest if

financed.) A contingency fee of twenty percent (20%) shall be allowed due to unforeseen circumstances such as an

increase in asphalt prices or additional areas of roadways identified for repair which could potentially increase the

cost to $3,240 per lot plus interest if financed. Assuming an eight year term, annual costs for roadway costs are

anticipated to be between ($337.50-$405 per year plus interest.) Homeowners have spent $3,347.50 to date for

testing in order for NCDOT to determine the extent of repairs. Those homeowners who contributed monies for

testing, shall be credited within their assessment as identified in Exhibit A.

WHEREAS, the improvements shall consist of the necessary grading and construction for the paving of

said streets to permit acceptance of said street by the North Carolina Department of Transportation for inclusion

within the secondary road maintenance program.

WHEREAS, it appears that more than sixty-six percent (66%) of the owners representing more than sixty-

six percent (66%) of assessed value of real property to be assessed have signed a petition agreeing to special

assessments for street improvements.

Therefore, Be it Resolved That:

1. The county manager or other responsible party prepare a preliminary assessment roll indicating each

property subject to assessment if the project is undertaken.

2. The total cost of desired improvements shall be assessed a rate equal to one hundred percent (100%)

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of the cost of said improvements and the basis for said assessment shall be on a per lot basis for all

property located within Fleming Forest Subdivision in Franklin County identified within Map Book

1999, Pages 395-400.

3. The property owners being assessed shall not be subject to any finance charge if said assessment is

paid in full within sixty (60) days of the confirmation of the assessment roll by the board. However, if

said assessment is not paid in full by this date, the property owner shall be assessed over a term of

eight (8) year period at a market interest rate with annual payments being due and collected by the

Tax Administrator along with ad valorem taxes. All remedies available to the tax collector may be

utilized in the collection of said assessments and each assessment shall be a lien on the property

assessed of the same nature and to the same extent as the lien for county property taxes.

4. No assessments shall be held in abeyance with interest for the term of sixty (60) days as outlined

above.

5. A public hearing shall be held on the 15th day of April, 2019, at 7:00 p.m. in the Franklin County

Administrative Office (113 Market St., Louisburg, NC 27549) for the purpose of hearing all interested

persons in respect to the contents of the preliminary assessment resolution.

6. The Planning & Inspections Department is hereby directed to cause to be published a notice of the

public hearing and to mail to each owner of property appearing on the preliminary assessment roll a

copy of this resolution at least three weeks from the day which the preliminary resolution is adopted.

6. APPOINTMENTS No appointments were made. 7. OTHER BUSINESS No additional business was discussed. 8. BOARD, MANAGER AND CLERK’S COMMENTS This was the time set aside for the Board of County Commissioners, the County Manager, and the Clerk to the Board to report on various activities. The Board may also discuss other items of interest. County Clerk Kristen G. King: Ms. King reminded the Board of its budget work session

scheduled for Tuesday, May 21, 2019 at 5:00 P.M. A second session is scheduled for June 3, 2019

at 4:00 P.M.

Commissioner Foy: No comments were offered. Commissioner Bunn: No comments were offered.

Commissioner Jones: Commissioner Jones attended the ribbon cutting at the V.E. & Lydia H.

Owens Recreational Park at Bull Creek held May 13, 2019.

Commissioner Dunston: Commissioner Dunston commented on his attendance at the V.E. &

Lydia H. Owens Recreational Park at Bull Creek held May 13, 2019. He thanked staff for a great

event. Commissioner Dunston also commented on the return of medical care to the county via

Maria Parham Franklin Hospital. He stated a new helipad is currently being installed as well as

a new 20-bed behavioral health unit. The hospital has also brought primary healthcare,

physicians and specialties back into the county. He encouraged the community to utilize the

services/facilities and encourage others to do the same.

Commissioner Schriver: No comments were offered.

Commissioner Dickerson: Commissioner Dickerson stated she enjoyed the ribbon cutting of

the V.E. & Lydia H. Owens Recreational Park at Bull Creek held May 13, 2019.

Commissioner Speed: No comments were offered.

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County Manager Angela L. Harris:

Mrs. Harris noted staff is seeking input on the county’s comprehensive development

plan. There are public meetings being organized in order to receive input.

Mrs. Harris then acknowledged Assistant County Manager Kim Denton for further

comments.

Mrs. Denton reminded the Board of EMS (Emergency Medical Services) Appreciation

Week. She said Franklin County EMS conducts an annual employee recognition

ceremony, which she attended recently. She said each employee receives a certificate of

appreciation. She also noted Charlie Gray received the Celestine Richardson

Distinguished Service Award. Jennifer Watts was awarded the Tony McPherson

Education Award. Each shift nominates an employee recognized for going above and

beyond the call of duty including Collin Speed (A Shift), Jessica Blackwell (B Shift), Bob

Phillips (C Shift) and Duane Tassone (D Shift). Mrs. Denton thanked all EMS staff and

asked the Board to express its appreciation as well.

Mrs. Denton also attended a recent gala sponsored by Safe Space, Incorporated, a

program that assists victims of domestic violence and sexual assault. She said the event

was well attended and a worthy cause for community support.

9. CLOSED SESSION

The Board was asked to enter into closed session pursuant to the following North Carolina General Statutes:

A. NCGS 143-318.11 (a)(3) – Attorney-Client Privileged Communication B. NCGS 143-318.11 (a)(4) – Industry/Economic Development

At approximately 8:12 P.M., Commissioner Jones made a motion to enter into closed session, seconded by Commissioner Schriver. The motion was approved 6 to 1, with Commissioner Foy voting “NO.” At approximately 10:01 P.M., Commissioner Bunn made a motion to enter back into open session. The motion was seconded by Commissioner Speed and duly carried approval with all present voting “AYE.” No action was taken as a result of closed session.

At approximately 10:02 P.M., Commissioner Bunn then made a motion to adjourn, seconded by

Commissioner Jones. The motion duly carried approval with all present voting “AYE.”

Sidney E. Dunston, Chair Kristen G. King, Clerk to the Board

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1. CONSENT AGENDA COMMENTS FROM THE PUBLIC TIDES SOLAR€¦ · approved, the project was 40 acres of solar panels and now the project consists of 21.5 acres of solar panels. Jeremy

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