TOWN OF RANLOBOARD OF COMMISSIONERS

REGULAR MEETINGAUGUST 14, 2014

A Regular Meeting of the Ranlo Board of Commissioners was held Thursday, August 14, 2014 at the Ranlo Town Hall. The Ranlo Board consists of:

Mayor Alexander

Commissioner Linda RhyneCommissioner Effie LocklearCommissioner Jamey JonesCommissioner Gail TidermanCommissioner Jamey Carver

Others Present:Town Attorney Jim WindhamTown Coordinator Charles Graham

Mayor Pro Tem Tiderman called the meeting to order and Town Clerk Tesha Palmer called the roll. All were present except for Mayor Alexander who was absent at roll call.

Commissioner Jones gave the invocation.

1. Approval of the Minutes by the Board of Commissioners

Mayor Pro Tem Tiderman asked if everyone read the minutes from July 10, 2014. Does anyone have any changes to be requested? Do I have a motion to accept? Commissioner Carver made motioned and Commissioner Rhyne seconded and it passed unanimously.

Next set of minutes are from the Special meeting July 29, 2014. Does anyone have any changes to be requested? Do I have a motion to accept? Commissioner Carver made motion and Commissioner Rhyne seconded and it passed unanimously.

2. Motion to Adopt Proposed Agenda (addition and/or deletions)

Mayor Pro Tem Tiderman asked if there are any changes requested.

No one responded.

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Mayor Pro Tem Tiderman asked do I have a motion to accept proposed agenda. Commissioner Carver made motion to accept. Mayor Pro Tem Tiderman asked if she had a second and Commissioner Rhyne seconded and it passed unanimously.

3. Citizen Concern: 5 Minute time limits

Mayor Pro Tem Tiderman stated that no one signed up for 5 minutes.

4. Comments from Citizens: 3 Minute time limits

Mayor Pro Tem Tiderman stated that two citizens signed up for the solar farm issue. That will be heard within the public hearing.

Unfinished Business

Mayor Pro Tem Tiderman stated the public hearing that we are having tonight is different than anything we ever had before. I am going to ask our town attorney Mr. Windham to direct us in this meeting.

Mr. Windham stated he would like to suggest at this time Mayor Pro Tem Tiderman; that we have a motion to go into a Public Hearing for the conditional use permit and have the board to vote on that.

5. Public Hearing on Conditional Use Permit

Mayor Pro Tem Tiderman asked if she had a motion to open up the public hearing. Commissioner Locklear made such motion. Commissioner Carver seconded and it passed unanimously.

Town Attorney Mr. Windham stated some of the materials that you have seen indicate this is a quasi-judicial hearing and that means essentially this hearing is conducted a little differently than other public hearings that you’ve had. In fact there will be testimony taken. The decision made by this counsel following the public hearing must be based upon sworn testimony and not on any hearsay so all those wish to speak will be asked to step forward and be sworn in. We certainly want to give everyone an opportunity to be heard because this will be the only time you are heard on this matter in this public hearing. After you are sworn in the Council may ask questions. Actually, this is sometimes referred to as cross examination but it will be very informal, but never the less still be under oath. After all the evidence is in, the commission will consider the four findings that I’ll submit-I think you already have those four finding in your packet. Mr. Graham I believe they have those?

Mr. Graham stated it is on the second page of the application.

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Mr. Windham stated on the second page of the application is also the applicant’s justification. It’s significant to know that the applicant has the burden of proof that showed those particular matters. If applicant does not prove the four finding that are required, which you must adopt by a majority vote. Then the application will fail for that reason. There are, of course, additions to the four finding that must be proven. There are additional conditions and those will also be addressed by the applicant in order to meet the requirements of your ordinance. That being said, it would be appropriate at this time for all those who wish to speak on this matter, including the attorney representing the applicant to step forward to be sworn. I will be glad to administer that.

Citizens that wished to speak and all Commissioners put their hand on the bible and were sworn in.

Mr. Windham stated if there are others subsequently that want to speak we will also swear them in separately. We tried to take care of both of them at the same time.

Mr. Graham asked Mr. Windham as a staff person perhaps speaking or advising should have been sworn in.

Mr. Windham said yes if you are planning to speak, then yes.

Mr. Graham stated then I should have been sworn in.

Mr. Graham was sworn in.

Mr. Windham stated that this matter is now before the Council and it will be appropriate for the chair to recognize the attorney representing the applicant.

Mayor Pro Tem Tiderman stated we will do that at this time. The attorney, please step forward.

Attorney Susanne Todd Attorney Susanne Todd (sworn) stepped up to the podium and stated the following: Thank you so much Mayor Tiderman, commissioners and staff. I am Susanne Todd and I am an attorney with Johnston, Allison and Hord in Charlotte. I am here on behalf of our client, who is Auten Road Farm, LLC and their the applicant on an application for a conditional use permit to construct, install and operate a level III solar energy system on property that is off of Auten Road and is a portion of the closed landfill. The project will be about 30.85 acres and it will be centered on the landfilled give or take and there is around that area is a very large buffer of trees and other vegetation’s. I gave a packet to everybody behind tab two is the site plan for the project. Gaston County is the owner of the property. It obviously part of that property is all within Gaston County however, a portion of it is within the Town of Ranlo’s ETJ and therefore, we will need to secure two conditional use permits to be able to construct this solar farm one from Gaston County and one from this town. We have worked diligently to accommodate both Gaston County and Ranlo. We really appreciate Mr. Graham assistants in this matter. He has been wonderful to work with. I wanted to thank him for that. The property itself is zoned R12

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residential and residential R12 allows a level III solar farm as a permitted use subject to a conditional use permit.

We do have the burden of proof tonight and we did. I do have a couple of people to introduce one of them is Mr. David Bunge, who is with the applicant and then we also have Mr. Bruce Magruder. He is with McGavran Engineering and he also worked on the site plan and the decommissioning plan that we can talk about as well. Those gentlemen are going to testify tonight but we all get nervous up here speaking and so to cover all our bases we also submitted an affidavit to the town clerk, so the originals are with her and those are also behind tabs four and five in your package with the application. I think the easiest way to handle this is to let these gentlemen get their testimony and then please know that we are available for any and all questions you might have.

Mr. Graham if there’s anything I need to add please let me know.

The first person I like to call to testify is Mr. Magruder.

Bruce Magruder

Mr. Magruder (sworn) stepped up to the podium and stated his name Bruce Magruder and he has been an engineer for some 30 years and been working in utility industry. Last three years I have been head of the (inaudible) energy for McGavran Engineering, we work for about nine different solar developers all over the United States I’ve got projects from Pennsylvania down to Florida Georgia Tennessee we just got a new project in Oregon. I oversee the engineering of these projects; the electrical connection of them with utilities.

I have been asked to-we were approached about this project to look over the site plans to make sure that it complies with the ordinances which I’ve reviewed. I also looked at Gaston County comprehensive plans; it met all the requirements. I have been asked if there’s any hazardous from a solar farm; I have been asked this numerous times because solar is a little new to people. I’m here to tell you that solar is incredibly safe. First of all, you’ve got your panels that absorbed the light from the sun to make electricity, they are made from silica. Silica is like chips that go into your computers are like beach sand that’s been melted. There’s absolutely nothing environmentally dangerous from silica solar panels. They have aluminum frames on them and their mounted on aluminum brackets and in this case because this is on a landfills it going to have valance so we don’t penetrate the soil at the landfilled so is extremely safe. There’s no noise that comes out of them there will be an electrical transformer like those green boxes that you will see. If you are standing right beside it you might hear a faint hum but that will be all well inside of the fence. They won’t be any noise.

There’s no electrical stock that comes out in the air or nothing like that. Solar farm is extremely safe; I have visited a few solar farms sites over the years there’re very quiet electrically safe. I think they’re really nice addition to our environment from a standpoint of being able to use a landfill, to be able to reuse a piece of property that is kind of locked up because of previous use. It’s a great opportunity to get a second use out of the land. I think it’s also great for our

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environment. The town could actually use this advertise. I’ve seen a lot of town happy to these kinds of things. It’s green technology that helps the carbon problem and the CO2 so it’s great for that. It’s a good public relation benefit for the town that y’all were being green. I have worked on projects all over the United States.

This equipment is going to be installed by licensed contractors. It has to meet all the electrical codes and in this case is also going to have to meet North Carolina environmental natural resources. It has to comply with that, this project will not interfere with the landfill property below it. I am happy to address any electrical questions that you might have about this. Laurinburg NC has an old landfill and they’re in the process of working on a project there to put a solar farm on that landfill. I was approached by another town Fayetteville that has an old ground field site that is an old textile plant and the city ended up with the land. It’s highly contaminated and we talked to them about possibly putting a solar project on top of that because you don’t have to disturb the land. It’s been a lot of interest because it’s the way to get good use out of land that may otherwise not able to be used. Can I answer anyone’s questions about electrical issues here? If you think of any, I will be glad to answer them.

David Bunge

David Bunge (sworn) stepped up to the podium and stated his name David Bunge the president of Solexus Development, my company develops solar facilities like this and numbers of areas in the country. We have projects over Missouri, Oregon, Utah, as well as North Carolina and just recently a project commissioned in Springville, Missouri; similar size to this. I have been in renewable energy industry for over seven years now in various roles from developing projects to working with manufacturers that supplying the equipment and developing sites for these types of opportunities. As we have discussed the facility that we have in mind will be at the closed landfill site. It will be approximately 30.85 acres property ID 134963, 134964, and 134965. A portion of the property is zoned R-2 under Gaston County ordinance and other portion is zoned R-12 under Town of Ranlo Zoning Ordinance. Both allow level 3 solar energy facility with the Conditional Use Permit.

I am familiar with both ordinances and the requirements and have worked with my engineers to develop a site plan that complies with those requirements as well as complying with requirements with NCDENR for the protection of the landfill cap. Solar facility with contain rows of photovoltaic panels mounted on racking as Bruce spoke about. Again, this will be a non-penetrating we will use the meant valance in order to provide foundation for the systems. The project will be constructed of non-hazardous materials. Will not any hazardous substances or pollutants.

The equipment will be installed by licensed electrical contractors in accordance with all manufacturers’ guidelines as well industry best practices and any local or state requirements or setbacks, security and erosion control.

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The project will be screened from view of adjoining or abutting properties by an existing, natural buffer of fairly large vegetation trees and shrubs. The natural buffer provides up to 700 feet in width between the project site and the nearest residence.The Solar farm will be secured by existing fencing around the former landfill as well as new security measures that are required by the ordinances.

Decommissioning plan has been prepared for this project and provided to the Town of Ranlo and Gaston County. The Decommissioning plan provides that the salvage value of the facility at the end of its useful life will exceed the cost of decommission project.

For all the reasons and more we feel that the Solar farm is an ideal use for the closed landfill site it will utilize otherwise unproductive property and generate additional tax revenue and lease income for Gaston County.

The project will create clean, renewable energy for the community therefore reducing reliance on other sources of electricity that are less clean such as coal, fracking, or nuclear energy.

The proposed solar farm will generate minimal traffic. The solar farm will generate far fewer daily trips than one average single family detached home; once it’s up and operational.

As mentioned before, the facility will be virtually silent and will not generate any noise. Similar facilities are already located in residential neighborhoods to deliver power to homes. Solar panels are designed to absorb rather than reflect light.

As part of this conditional use process in order to comply with the requirements for both the Town and County, I have agreed to additional conditions for the project as follows:

*All solar panels will be constructed and positioned to minimize glare onto adjacent properties and adjacent roadways and will not interfere with traffic or create a safety hazard.

*Warning signs concerning voltage will be placed at the main gate to include the name of the solar farm operator and a local phone number of the solar farm operator in case of emergency.

*Landscape buffer/screens, ground cover, security fences, gated and warning signs will be maintained in good condition until the solar farm is decommissioned as set forth in the decommissioning plan.

*We-Auten Road Farm, LLC understand that the Conditional Use Permit issued by the Town as well by the county is subject to revocation if the zoning administrator is not notified when the solar farm company holding the permits sells or otherwise transfers its interest to another entity or individual.

Attorney Susanne Todd asked if Mr. Bunge if he provided the decommissioning plan.

Mr. Bunge answered yes and I have additional copies.

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Attorney Susanne Todd asked Mr. Bunge if he could look at the site plan behind tab 2 and kind of tell us what’s around this property.Mr. Bunge stated for the proposed area as you can see on the site plan. We have identified the existing natural vegetation around the facility.

Attorney Susanne Todd asked is that marked as Timber?

Mr. Bunge stated yes that is marked as timber.

Attorney Susanne Todd said then there is flood plain.

Mr. Bunge said yes there is a flood plain on the East side surrounding the facility.

Attorney Susanne Todd said then you have a substation.

Mr. Bunge said just south of the facility, there is an easement for Duke Power transmission lines, that separate or run between the landfill property and the other properties in the residential.

Attorney Susanne Todd asked are there in fact lines there?

Mr. Bunge answered yes there are transmission lines there.

Attorney Susanne Todd asked what type?

Mr. Bunge stated he believes they’re 230kb but not 100% certain of that. We will actually be connected into the existing distribution line in the residential neighborhood, so there’s an existing distribution line runs somewhere back into the landfill property and we would be connecting from there at the site.

Commissioner Carver asked where the closest house to the solar farm; foot wise?

Mr. Bunge stated if you look-pause Mr. Bunge said sorry who is the closest resident or what is the distance?

Commissioner Carver said what is the distance the closest to the site?

Mr. Bunge stated it is approximately 700 feet.

Commissioner Carver stated 630 feet.

Mr. Bunge said yes sorry 630 feet.

Commissioner Carver said it says here you have a secure fence with bob wire on top.

Mr. Bunge stated that was correct.

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Commissioner Carver stated he didn’t have any more questions.Attorney Susanne Todd asked if Mr. Bunge would talk about the security as far as how it is monitored.

Mr. Bunge said yes sure the system itself will be constantly monitored for the performance, so there will be a web base monitoring system tracking the output of the facility. So if there’s any problem with any of the subarrays then it will send an automatic notification. We can then have one of our operations maintenance contractors go out to the site to take care of any issues that might arise.

Attorney Susanne Todd asked have you stood at the site-can you talk about the buffer between the residential properties in the actual site. Have you been out there?

Mr. Bunge stated yes I have walked the site on multiple occasions and the top of the landfill is fairly cleared at this point there is some brush and when you look around. It is surrounded by timber that we have outlined here on the site plan. It’s fairly old pine trees that are anywhere from 10 to 30 feet high. If you were standing right in the middle of the array facility and you were to look south or southwest toward the residents area; all you see is trees and brush. So the natural vegetation is already there.

Commissioner Carver asked what the lifetime expectancy of the solar farm is.

Mr. Bunge stated our lease with the County runs 20 years with two five-year extension options. That aligns pretty well with the typical useful life with these facilities. The panel themselves are under warranty for 25 years of performance.

Commissioner Locklear asked Mr. Windham if the audience after they get through be sworn in to ask questions.

Mr. Windham answered yes.

Commissioner Carver stated he had no other questions, does any of the other commissioners.

Mr. Bunge stated he would be happy to take any additional questions. I will turn it over now.

Attorney Susanne Todd

Attorney Susanne Todd (sworn) stepped back up to the podium and stated she did want to let folks know one comment; that the existing buffer is on Gaston County property that we have reached an agreement. Gaston County has agreed they are going to preserve that bumper. So it won’t be that they will be taking that day on they have agreed to preserve that to keep a buffer between the site and the surrounding adjacent uses.

Commissioner Carver asked what the agreement of how to protect it is.

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Attorney Susanne Todd stated it will be in their notes when they approved the site plan so it will be on the site plan itself that they have agreed to protect it.

If you have any other questions let us know. I did prepare some proposed findings of facts and I’m just going to read those. I’ve given a copy to your attorney as well:

A. The use will not material endanger the public health or safety if located where promised and developed according to the plan.

B. This project is constructed with nonhazardous materials.C. Construction complies with all applicable building and electrical codes as well as North

Carolina Department of natural resources-environmental natural resources requirement for landfill sites.

D. Equipment is completely enclosed with chain-link fencing to protect both farm and public from unauthorized access.

E. These projects are typically between $10-$12 million in value, so it’s a high priority to keep them protected as well as to keep folks protected from them.

F. Solar farm, create no harmful gases or hazardous materials. G. They create clean, renewable energy.H. Solar panels are designed to absorb light.I. We did make the additional condition that’s in your ordinance. We did agree that we

would angle them and position them in such a way that would not cause glare.J. The use meets all required conditions and specifications. I would like to ask Mr. Graham

if he could testify to that point.

Mr. Graham stated yes with the site plan and conditions that I had drafted to go on permit in the event the board decides to grant it, those conditions would put it in compliance with our new ordinance that was adopted.

Attorney Susanne Todd stated that Mr. Magruder testified as well that he is familiar with site plans. He’s done a lot and he’s familiar with the Town of Ranlo’s requirements and that the application site plan does meet those requirements and the conditions and specification.

K. The use will not substantially injure the value of the adjoining or abutting property unless the use is a public necessity.

L. Solar farm use creates virtually no traffic.M. Generates no odor or hazardous waste.N. The project will be screened from adjoining or abutting property by a large existing

natural buffer.O. The project will be located on a closed landfill.P. Solar farm use is quiet. We have given other examples and other testimonies but this

suggestions.Q. The location and character of the use, if developed according to plan as submitted and

approved, will be in harmony with the area in which it is to be located and will be in general conformity with the plan and development of the Town.

R. It is a level III stored energy system which is a permitted use subject to a conditional use permit in R-12 zoning, in the Town of Ranlo Zoning ordinance.

S. This property is in fact zone in R-12.

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Additionally, you heard testimony from Mr. Magruder who said that he felt like it was in conformity that also you know these are quiet uses, sub passive use, doesn’t generate a lot of traffic and believe it would be appropriate for this more rural type area.

If you have any questions, just let us know. Thank you.

Town Attorney Mr. Windham said anybody else that has already been sworn in, I think would be appropriate to let them speak first and there will take anyone else.

Mayor Pro Tem Tiderman asked if there was anyone else that would like to speak.

Commissioner Locklear stated she had a question. What does the Town of Ranlo get out of the rezoning-What do we get out of this?

Attorney Susanne Todd stated the county gets tax money, the county gets lease money. I understand what you’re saying. The Town of Ranlo of course the whole global idea that were creating clean energy, the idea that the more clean energy from solar that comes on a grid the less we have to use nuclear, coal and thing like that. Is it a direct income for the Town? No, we can’t say that. Hopefully the County will get both lease income because there renting this property to Auten Road as well also property taxes. Hopefully that will improve the area is a whole including the Town.

Mr. Magruder stood up and stated another benefit, again is using a property for a safe managed purpose instead of it being an undeveloped and completely unusable land. It is bringing additional security to that site and putting it to good use for the local community.

Commissioner Jones stated so Gaston County is not donating their part for free for the good of the community right? We are or we might be. I understand I mean I see a lot of solar equipment I understand the benefit of it. I was just not under the impression that we were doing this out of the kindness of our heart.

Mr. Bunge stood up and stated the lease is simply with Gaston County because they’re the ones that own the facility-the land.

Commissioner Locklear asked Mr. Graham if there was anything he wanted to add.

Mr. Graham said to answer the questions? No, I think they had is with them. The only way they can be answered. Obviously we tried to partner with the other local governments where we can. I did approach the County about possibility now or sometime in the future to annex this property into the town which will provide tax revenue, but at this point they have declined to do that.

Mr. Windham stated we did have some other folks who were sworn in. I don’t know if they still want to speak or not, but this will be the appropriate time for that.

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Bill Cunningham

Bill Cunningham (sworn) stepped up to the podium and stated I have spoken to some of these people previously on this issue. I am not actually a resident of Ranlo, I live across the street. This is in my neighborhood and my daughter lives right beside it. My biggest concern on this thing is the health aspect of it. 26,000 solar panels right beside a residential row of houses. We already know these things put off electromagnetic field. We don’t know what it is, but everybody says it’s safe. Everybody involved in it is says is safe, but we have not seen anything that says that is safe, not any studies that’s been done on it or any long-term health effects. That’s my biggest concern I have a four-year-old grandson living right beside of it. I have asked the question over and over and still have not seen anything. We had dug and dug trying to find studies and we have not come up with anything. I’ll go on the record saying I would like see some kind of proof that is going to be safe in the long term. Thank you.

Mr. Magruder stated he would like to address that if he may. In my 30 years working with utilities-15 years ago, this whole question come up-you mentioned (inaudible) but it actually stands for electromagnetic fields; that’s when you have a wiring and electricity flows in that wire it creates a magnetic field around it, and so these fields-hype got involved and actually permitted electromagnetic field meters for some smaller electrical co-ops in North Carolina because they have residents that live near power lines and were concerned. What we found unless you were directly standing under a large high-voltage line, you have no reason to be concerned. My biggest concern on the electromagnetic field would be from that do power line that again they are up so high-I did research and I can go back and find all this research. The greatest problem that we saw you can get electromagnetic field from would be from a cheap Chinese radios beside your bed that put out electromagnetic fields. One of the things they worry about electromagnetic fields was affecting the brain with a constant field which means your head would have to in a certain position and that field passing through it in the same time. So the most time you might be exposed to electric field would be when you’re sleeping for six hours or so and your heads two feet away from that little clock radio that might be a quite a bit of electromagnetic field from their cheap power supplies. We actually rented meters and one of the things if you’re moving around in your house or turning your head you’re not in the constant present of the field being aligned in a certain direction with your brain. We have electromagnetic fields from everything. Our cell phones put out electromagnetic fields from their antennas. Our radio waves pass through our bodies has electromagnetic fields so it really is the combination of how much power is flowing in a line and the amount of power in these lines; first of all, they will be underground lines out to the dude power distribution line. Unless you standing inside the solar farm sleeping on top of electrical cable for eight hours, you won’t see any electromagnetic fields. I myself was concerned because I had a daughter at the time she was about three years old and was at a day care center and they had big electrical high-voltage lines there, and since I’ve been in this field for so long, I was immediately was curious. We did some measurements there and I assured myself at the time. My daughter just turned 23, so this was a good 10 years ago we didn’t find any measurements, but I understand your concern.

Bill Cunningham spoke out and asked have you put any of those tests in any of these solar sites?

Mr. Magruder said no.

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Bill Cunningham asked if that wouldn’t be a good idea.

Mr. Magruder said if you would love to sit down. I would love to draw you some electrical diagrams and explain because like I said it all has to do with when you have wiring flowing-current flowing in a wire, it makes a field around it so…..

Bill Cunningham spoke and said I understand.

Mr. Magruder finished saying if got a 3(inaudible) system, which this is what this will be. You got three (inaudible) and they all cancel themselves out and these are going to be underground circuits in conduit there adjacent to each other so, the resulting field. If you add up if you take the sum of the three it ends up no field. The other part the DC part the DC you have a AC-you (inaudible) flowing in one wire and directing adjacent to it you’ll have DC flowing in the other wire and the two fields cancel themselves out. So I understand how you measure your question coming from that. But knowing what I know from how electrical wiring is done in these fields that I cannot see that’s there anyway for the electromagnetic fields-even if you had a little bit it would not present outside the fence. Based on my measurements that I’ve done in the past of all types of different equipment I really feel safe that parameter line would be no measurable field that you can measure with the meter that will be coming from the solar farm. I will be glad there’s a lot of study on this but I feel very confident I went through the same thing with my daughter because the daycare was right beside a high-voltage line. Knowing how the way the electrical lines are laid out and solar farms. I really truthfully as I swore, I did not see any possibility of electromagnetic fields penetrate-coming out beyond that fencing affecting anybody. Does that answer your question?

Bill Cunningham spoke out and said it was the best explanation I heard to yet.

Mr. Magruder asked if there were any other questions.

Mayor Pro Tem Tiderman asked if there were anyone that wasn’t sworn in that would like to speak.

Cheryl Cunningham

Cheryl Cunningham (sworn) stepped up to the podium and stated she lived at Monterey Park Drive down the street. My main concern is the buffer zone as he said 700 feet turned into 630 feet and the reality is 184 feet to a private property there. There’s nothing on it right now, but that doesn’t mean it can be developed. Those people can do whatever they want to with it. My thing is the buffer. These are a lot of pines trees down there; I rode my horses down there all my life. A lot of pine trees-diseases come in and wipe them right out. I think really we need a good buffer to protect us in case something a big health affect comes down the road and another thing I know from news way back; one solar facility the siding began to melting the sides of people’s houses. I can’t remember exactly where it was, I saw it on the news. It wasn’t pretty for those homeowners and if the properties values go down because of this solar facility are the tax values

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going to go down, that’s something else to ask. My main concern again is the buffer I think it should be a better buffer. I think they should put one in thus 630 feet in reality it’s-right now the land is not being used, but those people can use it for what they want. Duke energy can go in, Gaston County may not but what’s behind the residence right there is private property.

Ron Smith

Ron Smith (sworn) stepped up to the podium and stated he will be glad to address that about the buffer issue. I work for Gaston County planning department. This map was created to kind of show that. I will show the board first. As you can see this is an overlay-These are trees behind here. This is transparency. At this point, this property is owned by Lisa/Robin Mobley-there property is basically 134 feet from the proposed energy facility. The property that the county has agreed to maintain the screening is on the county’s property so it’s only 134 foot to the closest point. The Duke Power property is 244 feet from their property. So this is a buffer here and all the rest of it and this is where the 630 feet comes from, the closest resident in the subdivision. Everything else is going to be left as natural buffer and that’s what the County Ray the county engineer that’s over the landfill property has agreed to that and they have no reason to clear it, would serve no purpose. Mr. Smith turned to the audience and showed them the map. He included that the only buffer that is actually required when you have a nonperforming nonresidential use on a residential piece of property is graded 1 or an A. That consists of 100 foot distance. That’s two trees, 12 bushes and campy trees-small trees that’s ten foot wide. That’s what would be required if you had a clear field and you come in and plant that. So what they’ve got here proposes 1000 times more than what the ordinances require it, definitely exceeds it as far as the buffer. I will reference stuff about the power lines, I have a background of civil engineer and I bought-they call it a dial snake that’s what measure the electronic field. I was curious about these power lines and power boxes in your backyard and stuff and you stand right next to one of those green boxes and you get a reading off of it. It measures 1 to 10 and its about 2 or 3, you go under those power lines, high-voltage lines just as you enter the right away it pegs it almost 9 to10 and after you go out from under the right away it goes away. You get next to a computer box, you know the older one and you got a little reading. We use to have those UBS boxes-battery boxes those almost peg it and people use to seat next to those things. I was curious about them and that was my little experiment that I did own them. Does anyone else have any more questions?

Someone spoke out and asked if Ron Smith could show them the street name on the map and Mr. Smith showed them and answered Judith. Someone else spoke out and said do you want to buy my house.

Mr. Windham spoke and stated if anyone wants to ask a question-get involved needs to be sworn in. If there are others that have been sworn in and haven’t spoken yet may want to come up first, since they stood up first.

Other citizens came up and were sworn in or affirm.

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Roger Wintz

Roger Wintz (affirm) stepped up to the podium and stated he lived at 2414 Judith Ave and he wanted to ask a question, They planned on putting a playground down there at one time and didn’t put it down there because of gas fumes and we’ve got gases down there and I have been told you can dig but 18 inches in the ground before you get the fumes. So why is it they can’t use what’s down there instead of putting a striker on top of the gas that will light the gas fumes up. And that is exactly what a solar panel is a striker. So do we want that commissioners? I know the county is going to do what they want to do but Ranlo don’t have to go along with it, I disagree. Thank you.

Town Attorney Mr. Windham wanted to mention from time to time in the course folks giving testimony, maybe some what is referred to “hearsay testimony” meaning something that someone heard-you typically not to consider that as real as evidence. We want to be fair to folks, because they can’t always tell the difference. I just mentioned that for you to keep in mind.

Roger Wintz stepped back to the podium and said he had one more question. What about these panels you put down there, you got something on paper and I’ve got the paper. What about the single wide trailers and doubles, what’s up with that. I’ve got a paper with that on it. That is not hearsay. The one that owns the land on down from the house, there was a house there at one time and so if you open this up to that. They going to put double wide or single wide’s down there and they can do it if it’s rezoned. So what we need to do is to look into that because we don’t want that on Judith Avenue. Now if you want to buy my house that’s fine.

Mr. Windham stated it might be appropriate since questions are asked for the applicant to have the opportunity to respond to the questions before we get more questions. It might be appropriate if the applicant wish to respond to the questions raised by this gentleman.

Attorney Susanne Todd stepped up to the podium and stated with regards to the solar panel being a striker, Mr. Magruder can speak to that, with regards to if this property is resumed that single wide and double wide trailers will be allowed on it, I respectively disagree. This is a conditional use permit. This is specifically for a solar farm. It does not allow anything else to go there. It’s a project for specific. If you approve this permit it will only be used for solar farm use and no other use. Additionally, with regards to comment a question I asked earlier as far as if you have any studies anything like that. One thing I do have that I will be glad to share, is a letter from the department of energy. In November 12, 2009 and what happened is the Oregon Department of Transportation asked US Department Energy about the safety of a photovoltaic installation and this is exactly what we’re doing here. The response from the US Department of energy basically said in summary and the question was what about the electromagnetic field and it said. In summary the magnitude of EMF exposure measured at the perimeter of a PV installation, which is a photovoltaic, which is what we’ve got here. EMF exposure measured at the perimeter of the PV installation has been shown to be indistinguishable from background EMF which is what Mr. Magruder was explaining that is just all around us naturally and is lower than that from many household appliances such as televisions and refrigerators. Further, evidence linking EMF exposure from high-voltage power lines like the runs running between Judith and the landfill site. The evidence leaking to EMF exposure from high-voltage power lines to cancer has been

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shown to be weak. I think Mr. Magruder stated that as well. High-voltage power lines produce much stronger EMF then proposed PV installation in other words, the Department of Energy is saying high-voltage power lines has much more EMF than solar farming installation. I have three copies. If you would like to see it, and I would like to ask that this is introduced into evidence. (Copy handed to Town Clerk).

Mr. Windham spoke and stated this could technically be considered robberative of some of the testimony. It would nevertheless possibly quite possibly fall in the range of hearsay since there’s not someone here to testify and to be asked about it. I think it’s informative, but still be required to take your-make your decision based on sworn testimony.

Mr. Magruder stepped up to the podium and stated Striker-normally I associate that something that produce an electric arc. These things do not produce any type of electro spark or arc what so ever. I don’t see-they would be no presence of sparks to ignite it.

Someone from audience asked about smoking, would that cause fire? Would that be allowed?

Mr. Magruder stated it would be same issue if someone went out there now.

Attorney Susanne Todd stepped up to podium and stated they had one more regarding to the cap protection and the playground.

Mr. Bunge stepped up to the podium and stated as part of this project. We have been in communication with both the folks at Gaston County who is operating and responsible for the safe operation of the closed landfill as well as the folks at North Carolina Department of natural resources and environment. One of the requirements in order for us to build this facility is to comply with NCDENR to make sure we do not interfere or damage the existing cap on the property. Effectively no way-in order to build the facility that we are obligated not to in anyway breach that cap.

Phyllis Cain

Phyllis Cain (Sworn) stepped up to the podium and stated she lives on Hill Lane which connects to Judith and I really really don’t want it down there. We have a lot of children that plays down in there and I understand what you said, but that still don’t convince me and two I believe Gaston County will do that and will raise our taxes up and I pay enough taxes. I am against it. I really am, because- maybe Duke Power down there-might be down there. My husband worked for Duke Power for 20 years and never got anything but that doesn’t mean something can’t happen. I’m sorry I’m not disputing your word but I’m trying to say things do happen and they have been incidents at Duke Power maybe you don’t even know about. I’m married to a man that worked there for 20 years they had been a lot of incidents and they said they would be. I’m really against this because I live down there and we have a lot of little children that runs up and down the road and rides bicycles. Matter of fact, I think Tim can verify this. They’re always out at the landfill aren’t they? I do disagree-I don’t want my taxes raised up.

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Todd Lewis

Todd Lewis (sworn) stepped up to the podium and stated he has a couple of question for you just as the Fire Chief from the fire side. I am listening to a lot of good things that you’re bringing to the community without a shadow of doubt. One of the first questions that I have got you talked about everything safe hazmat side, fire side the whole nine yards as long as your aside of that fence. What happens if that pertains to us we had to go inside the fence to get an individual who’s decided to go in there and steal copper or whatever the case may be. What do we do? I myself thank you everybody in here and I value my guys. The fire department, police department response to everything that happens down there at the landfill and we don’t get a dime out of it without a shadow of doubt. Next question is power failure, we can go kill a switch to your solar farms but your solar farm still produces energy still electricity it shuts off automatically. If we have a fire in there can we kill it so would can put the fire out.

Yep

Todd Lewis said ok the next thing I got for you on that, if we have a power failure inside the Town’s area does that system still back feed.

Mr. Magruder stated that is called anti-islanding, what it means is the way these-power companies are worried about power being generated back on the line if the line goes dead. So one of the things under UL approval, which is the standard 1547 they had to meet very stringent requirements for one of them is called anti-islanding. If they use utility power-if they have a high storm or something and the power line goes down they shut off. There not allowed to generate electricity unless utility power is up. The second thing you may mention you might be familiar in the bathroom GFI they got major ground fault protection so if you have any sort of ground fault it will immediately shutoff. So there designed extremely safe in that regard. Does that answer your question?

Todd Lewis stated that answered that question. Next we talked about methane gas and we all know that it’s on landfill and we also have a landfill that’s where the Hugo debris went during Hugo. So we’ve had probably 200 plus fires down there since Hugo came through. What’s the likelihood of any kind of electrical charge hitting that ground whatsoever?

Mr. Magruder said again this is an issue that came up years ago very technical. There was once an installation and it was on Duke System-where it was very first and they used a contractor that didn’t properly insulate some connections and they had a small fire. They had since then learned and the equipment manufacturers has learned, they have put in all this ground fault protection that if what’s going out-what I said earlier its DC so what goes out on one line comes back on the other, if there’s any discrepancy between those two, it immediately shuts off. It used to be all these systems typically use to be hard wire where the guy put a wire under a screw. Now that made all this plug-and-play because of the problems of people not properly tightening the screws and loose connections. That made all this they actually got together and made this plug-and-play so you don’t get any arcing, you don’t get any loose connection that could cause fire. The other thing since-this is-on regular solar place that’s not on a landfill they bury a lot of the conductors but here this is going on conduit if I am correct because this is on top of the ground so it’s going

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to be harder to steal-someone will have to work hard to steal wire. This is as pose to a standard solar this is going to be even more protected because the thought of being conduit.

Todd Lewis said okay I appreciate it. I believe what your bringing is a good idea. Going green is the way to go. I do believe that but our biggest concern in our town is the safety for each and every individually. So the biggest thing is teaching and showing everybody that what you’re bringing is truly safe and good. We have been fed stuff before and blew up on us. That is our biggest concern out of everybody in here, it’s about the safety. I see solar farms going up everywhere but I haven’t had a chance to go and see it in a class yet, so that’s one of the biggest things. Thank you.

Tyler Milstead

Tyler Milstead (sworn) stepped up to the podium and stated she lives on Judith Ave. My main concern is definitely safety. Another concern, I sent in a letter to the utility board of North Carolina and David came to my house and spoke to us for a couple of hours. Every map that I’ve seen has been different. I have one in my hand right here that they sent me on August 7, 2014 the County. It is completely different than that if you want to look at it goes right up to our property. About the R-2, he was talking about the trailers and trailer parks-he said he had a paper; I have it here. It says the purpose of this district is to accommodate single-family site built and modular construction and double wide manufactured home placement. The minimum lot size allowed in this district will be dependent on supervision of public community water and sewer facilities. So that’s what it said about them. They could put double wide still there if they wanted to or whatever. But my main concern is the safety I have a four-year-old and I live right on Judith Avenue right in front of it and it scares me. Thank you.

Commissioner Carver asked Mr. Graham to clarify the zoning issue to everyone.

Mr. Graham stated the R-2 zone that the audience is referring to is on the counties property is outside our ETJ we have no control over that whatsoever. We can’t change it. Our zoning that we have some say over is R-12 and it doesn’t allow that and as-was stated as conditional use permit is specific to one use. We are not rezoning any of the property that we have the ability to rezone all we’re doing would be approving this particular use with the conditions that we want to put on it. Again, this is a little confusing I know because part of this facility will be in our ETJ even though it’s not in our corporate municipal limits. The other part of it is outside of our ETJ solely controlled by the County. In terms of the R-2, we have no R-2 zone and we are not doing any rezoning.

Ron Smith with the county stepped back up to the podium and stated that is what he was going to address. The maps that she got are the area that we had to re-zone the area in the County. Our classification for this is essential services 3 instead of going in and changing our ordinance to allow a conditional use essential service 3 in the R-12 district, which we did want. The only way we could do that would be go with R-2 district, which has those uses on it that she mentioned. There’s no way in the world the County would allow a manufacturer home or any type of residents to go on top of the landfill. For one you could set it up. It wouldn’t meet the building

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code and it would be something that the county would be interested in selling property or putting mobile homes or anything on that kind of property. That’s why it’s a R-2 district because that’s the only residential district that was able to go in that would allow an essential services 3. The only thing that was rezone was the County.

Doug Moore

Doug Moore (sworn) stepped up to the podium and stated he lives at 73 Walnut Ave. I have a question on the benefits of the town. Is the town planning on annexing that area to get the tax value or are we going to agree on something that benefits everybody else except for Ranlo. I know we are tight for money right now and that would be I don’t know what the tax value of it is but that would be something that the board would need to look out as far as that issue goes. I know every call we go all down there the police department comes down there is someone dials 911 from Judith Avenue they’re going to send Ranlo because the 911 calls come in from Ranlo. So we are sending one of our officers to the landfill for dirt bikes or whatever. It’s costing us money to pay them to go down there and we’re not getting any benefit from it.

Mr. Graham stated in this process. I did approach the County manager about voluntary annexation. At this time they have declined. I did ask them to do that.

Doug Moore asked if the Town could put a stipulation on approving this to go through it had to be annexed into the town.

Mr. Graham stated no we don’t have the ability or authority.

Ronnie Laws was sworn in by town Attorney Mr. Windham.

Ronnie Laws

Ronnie Laws (sworn) stepped up to the podium and asked after all this and ya’ll approve it, is our police department going to have to patrol that whatever belongs to the County. That’s the only question I would like to hear an answer on.

Mr. Graham stated again it is on the outside of our municipal limits. If we want our police to patrol the ETJ we can ask them to. I can refer to Mr. Windham perhaps do we have to control ETJ. I am not curtain.

Mr. Windham stated I think not. I think the question probably is, if the call comes in; ideally, our folks are going to go as their call whether it’s the ETJ or not.

Commissioner Locklear asked do they do it now.

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Chief of Police Tim Anderson (affirm) stepped to the podium and stated the residents that call on incidents that occur in the landfill are our residents our citizens. We do answer to our citizens; therefore you can’t access the Gaston County landfill without going through Ranlo period. There is no accessible route to the landfill with going through the corporate city limits. If there’s shots fired, four wheelers, dirt bikes, partying-we about had gentlemen killed out there a couple years back with a shotgun about beat to death. We are the first responder’s period and I don’t see that subject to change simply because we do answer to our citizens and that is whom it is directly affecting. If the board tells us to stay off of that property we will gladly do so.

Ronnie Laws stated that was all he needed to know if we were going to end up being responsible and the county was going get all the benefits.

Mayor Pro Tem Tiderman asked if anyone else had anything to say.

Mr. Bunge asked if he could respond to that. Mr. Bunge stated as the owner and operator of the facility, we will be responsible for the maintenance and security as I mentioned before, we will have 24/7 monitoring of the performance of the array as well as all industry security measures. My hope and my strong belief is that by having a secured facility back there, hopefully will in fact make this a safer facility overall. Given its current use does not really limit itself well to that. Just in terms of the safety questions overall. As we mentioned before, in order for us to build this facility we have to comply with all building codes, electrical codes and control those types of things to make sure it meets all the same standard codes as other structures that would have to.

Phyllis Cain stepped back up to the podium and stated so we are saying were going to give this to Gaston County they’re going to raise our taxes and our police is going to take care of everything and were getting nothing. I don’t think so. I don’t know about you all, but it doesn’t add up.

Mayor Pro Tem Tiderman asked if anyone else would like to speak.

Mr. Windham stated if not then it will be appropriate for someone to make a motion to close the public hearing if there’s no one else that is going to speak.

Commissioner Locklear made such motion and Commissioner Carver seconded and it passed unanimously.

Mayor Pro Tem Tiderman stated the meeting is closed.

Mr. Windham stated at this time that testimony has been given the evidence has been completed. I will remind you that the evidence that is sworn testimony is all to be considered and not anything that might be considered hearsay. It would be appropriate for you to now consider each of the four conditions such as and findings of fact for the conditional use permit. As I read each one, someone may wish to make a motion whether or not that the burden of proof has been met by the applicant. There will be a majority vote after each finding of fact by this Council.

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Mr. Windham read:

A. The use will not materially endanger the public health or safety if located where proposed and developed according to the plan.

Mr. Windham stated at this time that matter is before you someone would need to make a motion as to whether or not that burden of proof has been met. If you make that motion, it would then need to be seconded and discussed and voted on.

Commissioner Carver made motion that it has been deemed safe. Mayor Pro Tem Tiderman asked if she had a second. No one answered.

Mr. Windham stated if there is no second then that matter will not pass at this time. Now, it would be appropriate for you to consider the next.

Mr. Windham read:

B. The use meets all required conditions and specifications.

Mayor Pro Tem Tiderman asked if she has a motion.

Commissioner Carver asked Mr. Windham; we’re going to base our decision off of sworn testimony only.

Mr. Windham said that is correct.

Commissioner said and everything else is hearsay and we are basing our judgment off the sworn testimony is it safe. Does it make additional uses and does it meet the four items presented in front of us.

Mr. Windham said that is correct.

Commissioner Locklear stated everything is sworn testimony.

Commissioner Jones said, I think we have moved on to item B now.

Mr. Windham said correct and the question is do you have a motion that to approve this condition having been met by the applicant.

Commissioner Carver made motion. Mayor Pro Tem Tiderman asked if she had a second. No one answered.

Mr. Windham stated if there is no second then it would be appropriate to consider next item.

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Mr. Windham read:

C. The use will not substantially injure the value of adjoining or abutting property unless the use is a public necessity.

Mayor Pro Tem Tiderman asked if she had a motion. No one answered.

Mr. Windham stated hearing no motion, next item.

Mr. Windham read:

D. The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in general conformity with the adopted Land Use Plan and other plans for physical development of the County as adopted by the Board of Commissioners.

Mayor Pro Tem Tiderman asked if she had a motion. No one answered.

Mr. Windham stated hearing no motion on that item D and item C as well. Madam Chair, it would be appropriate for the Council to acknowledge not by vote …but simply to acknowledge this application has failed for lack of a majority vote as to each of the four items or in this case any of them. So you have major decision by not approving the four conditions. This matter has been included adverse to that.

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