Scotland County Board of Commissioners regular meeting April 3, 2017 A.B. Gibson Center, 322 South Main Street, Laurinburg, NC

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1 April 3, 2017 A.B. Gibson Center, 322 South Main Street, Laurinburg, NC Commissioners in attendance: Chair Carol McCall, Vice Chair Whit Gibson and Commissioners John Alford, Bob Davis, Betty Blue Gholston, Guy McCook and Clarence McPhatter. Staff in attendance: County Manager Kevin Patterson, County Attorney Ed Johnston, Finance Officer Beth Hobbs and Assistant to the County Manager Travis Allen. At 7 p.m. Chair Carol McCall called the meeting to order. Vice Chair Gibson delivered the invocation. The Pledge of Allegiance was recited. Motion was made by Commissioner Alford and duly seconded by Vice Chair Gibson to approve the April 3, 2017, agenda as presented. Vote: Motion unanimously approved. Public Forum Chair McCall opened the public forum to anyone wishing to speak. No one came forward. Chair McCall closed the public forum. Public Hearing Mr. Brian Bednar of Birdseye Renewable Energy (1125 E. Morehead Street, Suite 202, Charlotte, NC) brought to the board the conditional use permit on the former for a solar farm to be located on Fieldcrest Rd, Laurinburg, NC, better known as Scotland County Tax Map Number 301 Block 01 Parcel 008. Mr. Bednar commented that this project is designed to be connected to the duke energy line that runs adjacent to the property. Mr. Bednar commented that his company has met with the one neighbor whose property borders this proposed solar site. Mr. Bednar commented that this property owner had voiced concerns on how the project could be masked and hidden from her view. Mr. Bednar commented that he has met with his project design board and engineers and came to a conclusion that they would do a much denser buffer than what normal projects receive in order to ensure a peaceful and happy relationship between the neighbor and Birdseye. Mr. Bednar stated that this solar project will be somewhat different than other solar farms within Scotland County in that the panels will still be the same technology as before but would be called trackers in the sense that they follow along with the sun rotating as the sun moves. These panels will operate on an algorithm built within that calculates where the sun should be and operates the panels to follow the sun. Mr. Bednar said his company has done 3 projects thus far in Scotland County and 37 across the state. Mr. Bednar said that to this point his company has had no complaints with their work and the aesthetics or the solar farms, nor any devaluation of property values. Mr. Bednar said that currently there is some legislative discussion going on within the state between Duke Energy and legislators. Mr. Bednar said that the company has gone through the proper channels and delineated all of the wetlands and analyzed the property to makes sure there are no problems as far as endangered species, etc. Mr. Bednar said that it is his company s practice that they do not actually own the property, but usually a power company. Commissioner Gholston asked how long the contract with the property owner lasts. Mr. Bednar commented that the contract is planned for 35 years, with the panels having a warranty of 25 years. Commissioner Alford asked how many acres will this solar farm be once finished. Mr. Bednar commented that the final project will encompass roughly 35 acres, and be a 7 megawatt project. Vice Chair Gibson commented that it was his understanding that Birdseye had agreed to some conditions set forth by the planning and zoning board in order to do this project. Mr. Bednar commented that yes one of the conditions was to make the neighbor as comfortable as possible 1

2 and keep her vision of the solar farm at a minimum with a buffer which is a step higher than what is normally used. Mr. Bednar stated that this buffer would be a Grade 2 buffer, where as other solar projects only require a Grade 1 buffer. Mr. Bednar commented that by creating a Grade 2 buffer this allows for more concealment of the solar farm from the viewpoint of the neighbor. Chair McCall stated that at this time it would be best that the commissioners receive advice from the county attorney, Mr. Johnston. Mr. Johnston said that the board has the recommendation from the planning and zoning board to approve this conditional use permit with the conditions that Birdseye follow and complete all conditions that had been set forth and agreed upon. Commissioner Davis asked who the neighbor is that this solar farm will border. Mr. Bednar confirmed that the neighbor is Betty Joe Phillips. Mr. McCook asked if there was a bond attached with this plan in order to remove the equipment later down the road. Mr. Bednar said that there is not a true bond attached with this project just because the project is so lengthy at 35 years it s hard to get a bond that far down the road. Vice Chair Gibson asked if the company has any property agreements where there was a requirement by the land owner to have money put aside to pay for removal of the equipment in the 35 years or whatever time frame in the future is determined. Mr. Bednar said yes there have been occasions where that has happened, but it affects the economies value of the project when you do that. Commissioner Davis asked what percentage solar panels degrade over time. Mr. Bednar stated the panels have a 25 year warranty, and there is research out that shows the panels degrade at a half percent to 1 percent a year. Commissioner Davis asked Mr. Johnston if the planning and zoning board recommended this project to the board to be approved. Mr. Johnston commented that the board does have an abbreviated version before them of what the planning and zoning board had approved, and that it is to his understanding that this conditional use permit has been forwarded to the board with the planning and zoning board s approval. Chair McCall closed the public hearing. Motion was made by Vice Chair Gibson, and duly seconded by Commissioner Alford to approve the conditional use permit. Vote: Commissioner s McCall, Gibson, Davis, Alford, McCook and Gholston in favor of the motion, Commissioner McPhatter against the motion. Motion carries 6-1. Fire Substation Memorandum of Understanding Mr. Patterson commented that the commissioners have before them a draft memorandum of understanding regarding the south substation use between the County and City of Laurinburg. Mr. Patterson commented that basically the City of Laurinburg will allow the county to construct a fire substation structure on the south side of town with the understanding that the city maintain that building once constructed and operate the structure as a fire substation. Mr. Patterson commented that if the chance the city stops operating the structure as a substation the county can do a 20 year ground lease of the property from the city for the county to operate the building as a substation. Mr. Patterson stated that ownership of the building would never fall to the county. Mr. Johnston commented that this MOU draft is in no way the final draft, and no one from the city has even seen this draft yet. Mr. Johnston commented that his intention was to allow the board to see this rough draft and give feedback on this draft before moving forward and presenting it to the city. 2

3 Commissioner Gibson asked regarding the 3rd party language within the MOU and whether this would fall in the 5mile range. Mr. Patterson said that no this building would have a 10 mile radius of what other fire department can operate this building. Commissioner McPhatter asked what name would be displayed on the south substation. Commissioner McPhatter continued by asking would the substation display the City of Laurinburg or Scotland County? Mr. Patterson said that he has no idea at this time, but that those details would need to be worked out at some point in the near future as the building goes up. Commissioner McCook commented that usually the fire station is named after whoever is operating it, but that it really shouldn t matter as long as the fire service is being provided effectively. Commissioner McPhatter asked if the fire tax would continue after these structures are built. Mr. Patterson said that yes the fire tax would continue as the tax was intended for purchasing fire trucks. Chair McCall asked for a motion to allow the attorney to move forward and begin discussion with the city on this MOU. Motion was made by Vice Chair Gibson and duly seconded by Commissioner Gholston to allow the county attorney to move forwarded with the Memorandum of Understanding and present it to the City of Laurinburg. Vote: Motion unanimously approved. Mr. Patterson commented that he did receive the survey for the property where the northern substation will be located. Mr. Patterson commented that the county will now reach out to the Z.V. Pate Foundation to share with them the results and work out the details on the land donation. Chair McCall asked for a motion to approve the consent agenda. Motion was made by Commissioner Gholston and duly seconded by Commissioner Davis to approve the consent agenda. Vote: Motion unanimously approved. Liaison Committee Report Vice Chair Gibson commented that the liaison committee met on the 19 th of March and the feeling was it was a good meeting. Vice Chair Gibson said the current concern is the expense fund agreement which carries through the school year. Vice Chair Gibson commented that the next committee meeting will be April 11 at 5pm at Covington Street. Vice Chair Gibson commented that one of the topics that came up was where the site will be for the new school. Vice Chair Gibson commented that the school board has decided to move forward with phase 2 where the schools system will consolidate. Vice Chair Gibson commented that a couple of the school board committee members felt like they (the school board) were getting bombarded from all sides regarding the funding and consolidation. Vice Chair Gibson commented that the school board had originally wanted funding for consolidating and the county informed the school board that they needed to go back and re-evaluate the situation and try to come up with a more cost friendly option. Commissioner Davis commented that the school board and the committee have come to an agreement to reduce what the county is providing the school system by 2.5% each year which comes out to about half of one cent of the current county tax rate. Commissioner Davis commented that he feels the board needs to make efforts to continue working with the school 3

4 board, and that the school board is really making efforts to get down to the below $10 million line that was originally presented by Mr. Patterson years ago. Commissioner McCook seconded what both Vice Chair Gibson and Commissioner Davis reported. Appointments Vice Chair Gibson commented that there has been one resignation letter from Mr. Macy to resign from the Scotland County drug and crime board. Vice Chair Gibson said there is an open position on the aging advisory council. Motion was made by Vice Chair Gibson and duly seconded by Commissioner Alford to appoint Ms. Guilford to the Aging Advisory Council. Vote: Motion unanimously approved. Vice Chair Gibson commented that there are a couple of positions to the Southeastern Economic Development Commission. Motion was made by Vice Chair Gibson and duly seconded by Commissioner Davis to appoint John Ferguson and Mark Ward to those two positions. Vote: Motion unanimously approved. Motion was made by Commissioner Davis and duly seconded by Vice Chair Gibson to appoint Paul Ansley and John Ferguson to the Board of Equalization and Review. Vote: Motion unanimously approved. Motion was made by Vice Chair Gibson and duly seconded by Commissioner Alford to appoint Cecil Walker to the Historic Properties Commission. Vote: Motion unanimously approved. Commissioner Alford commented that with regards to the historic property board the county currently funds that board $18,000. Commissioner Alford commented that he would like to ask the board to consider raising the amount of money the county provides from $18,000 to an amount that would allow the historic properties to upkeep and maintain these properties around the county. Commissioner Davis commented that he met with some of the individuals from the historic properties board and has told them to compile a list prioritizing things that the historic properties board needs and what the costs would be. County Manager Update Mr. Patterson commented that there is a pre-construction meeting with the water tower bid winners and the engineer at the Covington Street location tomorrow (4/4) at 11 am. Mr. Patterson commented that in the agenda packet there is a color wheel attached with the available colors for painting those water towers. Mr. Patterson s recommendation to the board was to continue with the slate grey base color, and that the wording displayed on the water towers would be black and would display Scotland County. Chair McCall asked if anyone had any objection to slate grey with black lettering. No one spoke. Mr. Patterson commented that regarding the 911 center Memorandum of Understanding that the county would continue with the current MOU that is in place with city regarding operation and funding of the 911 center. Motion was made by Commissioner McCook and duly seconded by Commissioner Alford that the county continues with the current MOU with the City of Laurinburg regarding the 911 center. Vote: Motion unanimously approved. 4

5 Mr. Patterson commented that the association is having its district meetings and the closest one is in Lee County on April 20th. T=Mr. Patterson commented that the co-op extension is having its annual report to the people on May 1 at 5:15 pm at the Annex building prior to the boards regularly scheduled meeting. Mr. Patterson commented that the NCACC legislative assembly day is May 10th at NC Museum of Natural Science. Mr. Patterson commented that he is requesting the policy and capital committee meeting take place towards the end of the month of April, with the dates to consider being April 25th & 26th. Commissioner McCook commented that those two dates would not work for him, but the 27th would be good. The board agreed on April 27th at 9am for the capital committee. The board agreed to hold the policy committee meeting on April 26th at 9am. Mr. Patterson commented that on Friday afternoon (3/31) he received a call from Mr. Oxendine in regards to purchasing property that borders his property. Mr. Patterson commented that Mr. Oxendine has offered to purchase the land for $5, which covers all lost revenues and county costs. Mr. Patterson commented that in the past the county has allowed for an upset bid process when the property is being sought by either a neighbor or by an immediate heir/family member. Motion was made by Vice Chair Gibson and duly seconded by Commissioner Gholston to accept the bid and then advertise the property for a 10 day upset bid window. Vote: Motion unanimously approved. Commissioner Alford commented that he is concerned about the comment the school board made that they are going at this alone. Commissioner Alford commented that this isn t the case and that the school board has been making efforts to do things that the commissioners have asked. Commissioner Alford said that this is the first time since 1978 that the county is able to lower taxes and build schools without tension between the two boards, and that the school board is not alone and should not be concerned about the Mayor of Laurinburg being against this entire process. No comments from other commissioners. Motion was made by Commissioner Alford and duly seconded by Vice Chari Gibson to adjourn. Vote: Motion unanimously approved. Meeting adjourned at 8:17 p.m. Kevin Patterson Interim Clerk to the Board Carol McCall Chair 5