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Perfect.

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Y'all ready?
Are you ready? You ready?

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Good evening everyone.
Welcome to our 5:00 pm work session. I'd

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like to call the meeting to order. Um
for the record, Mr. Tyson has called and

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has some transportation issues and will
be a little bit late, but three members

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are a corn so we can go ahead and start
our work session. Um we first need to

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discuss an alternate date for our
October meeting due to the holiday.

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Does staff have a recommendation for us?
>> So, first off, I apologize, of course,

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and I would like to give a brief update
for folks in the room. So, normally the

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work session that we're in right now
will be taking place in room 229, the

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conference room up there. Got a little
cramped in there last time, which is a

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good thing. People are interested in
coming out and hearing more about what's

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going on in the county. So, to
accommodate more folks, we decided to

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move it into the auditorium today. Um,
part of what is on the agenda for today

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is to consider a alternate date for the
October meeting. So that conflicts with

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a holiday. Columbus Day happens the same
day as our usual second Monday of the

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month. I think in times past we have
moved that to the second Tuesday of the

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month. Um, so it just require you all to
make that decision as to whether you

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wanted to have it. Um, if you want to
discuss a different date, we just need

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to be cognizant of advertising times
between planning commission and board to

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make sure we meet those deadlines. But
generally speaking, we do move that to

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the following uh business day, that
Tuesday, which I don't have it right in

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front of my
>> 13th.

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» The 13th.
>> Um,

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does anybody have a conflict with
October 13th?

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» No, that'll be fine. the October one
from the 12th to the 13th.

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» Uh, would you say the 13th or the 12th?
>> 13th.

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» It would be on the 12th, but we're going
to

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» Okay.
>> potentially move it to the

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» 13th would be fine.
>> Yeah, we're good.

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» Okay, we'll move that to the 13th,
please. um unless conversation changes

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as we go forward would be 5 pm.
>> Yes, ma'am.

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» Yeah.
All righty.

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All right. Item number two, discussion
of solar text amendments and

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comprehensive plan amendments. Mr.
McCoy.

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» All [clears throat] righty. So, um, as
you may remember, um, a couple months

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ago, we had a few items come up before
you, some items to be considered for a

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special exception permit, um, to develop
two solar facilities in Botto County.

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Um, there was some conversation about
those facilities and how we take solar

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facilities in general in the county for
long-range planning. Um, and I believe

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that the board had authorized the
planning commission to review the solar

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ordinance uh and the comprehensive plan
to help guide what those facilities look

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like in Bodatak County. The uh time
frame for that was pretty

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» Could you repeat what you just said?
>> Yes, sir. U I believe at that time the

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the board had authorized the planning
commission to go ahead and review the

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solar ordinance um within 100 days of
the time frame that was given. And

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that's the important piece of why we're
discussing it here tonight is that a 100

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days from that date uh May 26 would be
September 3rd if I'm not mistaken which

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would be before your September planning
commission meeting. So what we're

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looking at today is to meet those
statutory deadline of 100 days. I wanted

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you all to be able to review the solar
ordinance, review the work that was done

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by the Berkeley Group, a consultant
retained by the county to review and

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make some suggestions on the solar
ordinance. And then if it is your wish

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to go ahead and request some more time
from the board to consider those items,

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I would consider this as kind of an
advanced or lengthened work session

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because at that May meeting the board
had authorized a longer time frame for

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the comp plan. So they authorized
sometime in November as far as the

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deadline for that. And personally from a
planning perspective, I think you should

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have both the comp plan and the solar
text ordinance in front of you because

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they really serve each other very well
to help guide your decisions. And

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without one, it'd be difficult to make
those changes to the solar ordinance

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today in the hopes that the
comprehensive plan would kind of

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interlock and support those decisions.
So, wanted to put this in front of you

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all. Um, take a review of the solar
ordinance itself. We'll have a

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presentation of some highlights of that.
Um, and then we want to get your

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feedback and comments. That way we can
get that to the Berkeley group, get

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those included in those changes, and
then hopefully if the board is

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permissive of it, consider these at a
future date. Does that seem like a

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appropriate path forward?
>> Well, is the expectation that we would

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be voting on this today?
>> Yes, sir. So, it is required that within

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a 100 days a recommendation is made to
the board of supervisors as to approval

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or denial. That's the only reason why
we're here tonight. Um, it's rare that

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we as planners make recommendations to
you all as the planning commission. We

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like for you all to make your own
decisions, but we feel it would be in

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the best interest of you all in the
board to go ahead and and vote to deny

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these text amendments and request
additional time to consider them. Not to

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say that they are bad or good the way
they're written, but you have not had a

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chance to review them. Frankly, staff
has not had a robust chance to review

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them either. So, in the interest of
making the best decisions possible, I

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think it's wise to go ahead and and make
that decision tonight. But I wanted a

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chance to get your feedback here. That
way, we can still work with the

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consultants to get that feedback to them
to incorporate in a draft for your

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future
>> review. Are you asking for feedback like

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in a work session feedback or are you
asking us to vote and that's your

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feedback? We're in a work session right
now.

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» So, we'll have the conversation in the
work session

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» and then when we go forward to the
public hearing at 6 PM, we will make a

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decision on whether we're going to
approve, deny.

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We'll have the vote in the 6 p.m.
session.

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» Gotcha.
>> No, I I I excuse me. I am totally

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totally 100%
stunned. Stunned.

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Confused. Stunned. Whatever. Are you all
okay with this? the way this is

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happening right now. Am I the only one?
>> I wouldn't want to vote for this without

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more discussion. So, what he's saying is
that if we vote to deny this as it's

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written, that gives us more time, but we
do have to give a vote of a yes or a no

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based on the statutory requirement.
>> Well, could could you put up

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Mr. Titen? Can I just please ask for a
quick timeout? Did did you say that

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there is a staff presentation to
summarize what was in our packet?

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» Yes, ma'am.
>> Can we go forward with the presentation

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first?
>> I have a question

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» and then everybody's going to have all
the chance to ask all their questions.

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Okay. So, let's ple let's let's have
staff please present your your

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information and then I know Mr. Hartman,
Mr. Lucas, I all have questions. It

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looks like you have a big packet. So,
let's hear the staff summary first and

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then and then we'll ask our questions.
Stop here. I got here a little late.

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» So, are we are we talk are we going to
be dealing with the seller issue now?

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» Yes.
>> Yes. Right now.

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» Yes.
>> Yes.

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» That's what I want to
>> in the work session.

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» Yes.
>> Yes, sir.

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» But it's also in the six o'clock session
as well.

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» Public hearing at six o'clock.
>> Yes.

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» So, if I may, Mr. Tyson, so typically
we'd be having this meeting in the

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conference room, right? It got a little
busy at the last meeting, so we decided

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to move it here in this setting. Um, the
5 PM session, the work session's always

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been intended to have some back and
forth between the planning commission

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and staff just to get your ideas, um,
your questions, your concerns, uh, to

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staff. That way, we can work through
those items together. Here today at 5:00

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PM, the intent is for us to kind of
present, give you an overview of what

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the solar ordinance looks like as it's
in a rough draft right now. And then

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because the board only authorized a 100
days worth of review at 6 PM the public

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hearing would be to actually consider
public comment and then make a decision.

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» But what I don't understand
what I absolutely don't understand is

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that the board of supervisors made a
motion. Motion was that it the solar

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issue was going to come to the planning
commission.

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» It is work on it
>> right now. Yes.

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This is it.
>> Yeah.

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» This is the planning commission working
on solar.

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» This is what we're trying to explain to
you. If we could hear the staff's

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presentation,
>> then we are going to discuss amongst

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ourselves whether what action we want to
take after that. And it it may be to

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deny these recommendations and give us
all more time to review and work. It may

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be to accept the recommendations. I I
don't know. So, everybody sitting here

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has a lot of questions. So, in the
interest of time, let's please have

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staff give their presentation and then
we'll have our usual conversation back

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and forth and then the public hearing
will happen at 6 p.m. where we hear from

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the public.
>> Shouldn't the presentation

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be at 6:00 for the good of the people
that are going to be attending the

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public hearing?
>> It will, if I may, it will be

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» be a repeat.
>> It be a repeat.

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» That's how we always do it. Yes.
Are you going to give feedback?

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» We don't take comments from the public.
I'm sorry, Melissa. This is a work

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session part. You'll be able to speak in
the 6 PM public hearing part. John, can

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you please start the presentation?
>> Yes, ma'am. So, as we're getting to uh

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for some background to why we're even
discussing this today, there were some

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pretty major changes at the state level.
The general assembly and the governor

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had passed some new legislation
surrounding solar and what local

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governments can do to actually regulate
solar and their localities.

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So at that same time, members of the
planning commission, you all and the

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board of supervisors expressed some
interest in addressing the impact of

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solar facilities on prime farmland,
erodable soils, and on areas with high

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visibility from cultural and
recreational assets. As I mentioned

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before, the board authorized the
planning commission to review the solar

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ordinance and make recommendation to the
board on adoption not later than 100

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days after the May 26, 2026 agenda. And
the board also authorized the planning

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commission to amend the comprehensive
plan to include guidance on appropriate

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sighting of those facilities not later
than November 30, 2026. So, we're here

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today to kind of hopefully mesh those
two things together. You guys get a

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first draft, a first look, as it were,
uh, about the solar ordinance itself. We

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get some of your comments back and then
we work with the consultants on some

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suggestions back to you.
>> Where is this background in our packet?

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» Um, this is included on the
presentation. I'm not sure that this

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background was actually in your packet.

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» All right, I need time to read it.
>> Please, Secret.

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» The 2026 Virginia General Assembly
adopted amendments to state code that

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partially preempt the county zoning
ordinance on solar facilities. Okay.

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Additionally, members of a planning
commission, a board of planning, what

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members of the expressed interest in
addressing the impact of solar

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facilities on farmland, erodable soil,
and on areas with high visibility

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cultural recreational assets?
Were they

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in in what you generated? Did you reach
out to

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all of these people, the the planning
commission members and supervisors and

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the public in what you've created or was
it done without any contact with any of

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those people? I mean, you're saying that
you're implying that it is sort of this

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joint kind of
interest on this, but I haven't received

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one call from anybody on anything.
Has anybody else

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» That's what we're trying to do right
now. M.

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» That's what we're doing now.
>> Okay. The board of supervisors

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authorized the planning commission to
review the solar ordinance and make a

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recommendation to the board on a Okay.
They they did do that. They authorized

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the planning commission.
>> Mhm.

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» That's what and this is like our first
look at

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» what's before us has didn't come at all
from the planning commission. It was

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created
>> we're discussing right now to decide

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what we want to go forward if we move
on.

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» Okay. the board of supervisors
authorized the plan to amend a

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comprehensive plan. Okay.
>> It was a big project. So I believe we

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had some
>> It's a huge project. It's a huge project

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and we're going to and we're going to do
it in about what 10 minutes, 15 minutes.

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» Our decision after we can hear the
presentation.

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» Okay.
>> Go ahead, John.

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» Yes ma'am.
So

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» it's a work session. We are able to talk
and ask questions and all of that. I

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guess
>> we can get to it. Yes, we can.

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» Well, I thought this is getting to it.
>> I mean,

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» please proceed, Mr.
>> Yes, ma'am. So, some of the highlighted

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changes with the solar ordinance that
was provided that are all in line with

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the state code requirements. Include
some new definitions and amended

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definitions. I've selected a few here to
put on the screen. Those definitions are

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in your packet, but some new definitions
apply a new definition to agics,

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battery, energy storage facilities,
integrative photovoltaics, net metering

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provisions, and small portable
generation devices. These are all

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included in state code as well. And then
some of the emitten definitions, these

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are definitions that are ordinance as
it's written today, the one that's in

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effect now already had, but these are
aligning with those new state code

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requirements. So that's solar energy
equipment, solar energy facility minor

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scale, small scale, and utility scale.
So provide you a little bit more detail

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as to what those are. The solar energy
equipment simply adds battery storage to

209
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that definition to meet state code
requirements.

210
00:22:17,600 --> 00:22:23,919
» Excuse me. On the minor, what how do you
delineate minor versus small versus

211
00:22:23,200 --> 00:22:26,720
utility?
>> That's a fantastic question. I'm about

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00:22:25,120 --> 00:22:30,880
to get to that. So for solar energy
facilities minor scale that

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00:22:28,640 --> 00:22:35,600
recategorizes those facilities to less
than one megawatt of production power.

214
00:22:33,440 --> 00:22:41,120
For small for solar energy facility
small scale that recategorizes that to

215
00:22:38,000 --> 00:22:46,000
not exceeding 20 kilowatts. And then for
utility scale we had that at 5 megawatts

216
00:22:44,240 --> 00:22:49,840
was kind of the minimum for that to be
considered utility scale. State code

217
00:22:48,159 --> 00:22:52,720
kind of puts that at 1 megawatt. So,
just to make sure that we're in

218
00:22:50,720 --> 00:22:56,559
alignment with that, uh, they're
proposing recategorizing that to more

219
00:22:54,720 --> 00:23:00,240
than one megawatt and clarifies the
intent for power to serve off-site

220
00:22:58,320 --> 00:23:03,679
needs. That was a little bit fuzzy. We
did have questions from some solar

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00:23:01,760 --> 00:23:07,360
developers as to whether that could
serve off-site. And that addition in

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00:23:06,080 --> 00:23:10,320
there is just to make sure that that is
taken care of.

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00:23:08,080 --> 00:23:13,440
» So, a five megawatt facility would be
what?

224
00:23:11,200 --> 00:23:17,360
» Utility scale. So, anything more greater
than one megawatt of production would be

225
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then considered utility scale. And
that's in alignment with those state

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code changes.
>> So how do you go from 20 to one?

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00:23:22,799 --> 00:23:28,159
» So
20 megawws.

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00:23:26,400 --> 00:23:33,039
» So the if you look at the minor scale
that's less than one megawatt that solar

229
00:23:30,720 --> 00:23:37,440
energy facility small scale is not to
exceed 20 kilowatts and then utility

230
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scale is anything greater than one.
>> Right. Right. What I'm asking what I'm

231
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asking is that small scale does not
exceed 20 kilowatts.

232
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» Correct.
And utility scale is anything above one

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megawatt.
>> Yes sir.

234
00:23:48,559 --> 00:23:54,799
» So when you go from anything above tw 20
kilowatts what is that?

235
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» Um between
>> minor

236
00:23:55,760 --> 00:24:02,159
» 20 kilowatts and one megawatt would be
minor scale. Anything over one megawatt.

237
00:24:00,960 --> 00:24:07,120
» That's minor scale.
>> Yes sir.

238
00:24:05,120 --> 00:24:10,799
» So those changes of course were made to
be in alignment with state code. Um

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00:24:09,360 --> 00:24:14,799
included with that are some
modifications to where these are

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00:24:12,720 --> 00:24:18,799
permitted. I know this table's probably
not the best reader friendly here, but

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00:24:17,200 --> 00:24:22,320
you'll see that that small portable
solar generation device. Those are

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00:24:20,960 --> 00:24:26,000
things that folks can hang on their
balconies and plug in um and actually

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00:24:24,640 --> 00:24:30,000
serve the needs in their homes
themselves. That's a new addition to

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00:24:27,919 --> 00:24:33,679
state code. If I'm not mistaken, and I'm
probably for ran into things I shouldn't

245
00:24:31,360 --> 00:24:37,760
talk about, I think US and Utah are the
only two states that allow that in that

246
00:24:35,360 --> 00:24:42,559
capacity. And then you'll see the minor
scale ground mounted facilities are

247
00:24:40,400 --> 00:24:47,520
included as permitted by right in any
commercial or industrial um district and

248
00:24:45,919 --> 00:24:51,279
that is in alignment with state code as
well. And then the utility scale

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00:24:49,600 --> 00:24:53,919
includes those by special exception
permit.

250
00:24:52,240 --> 00:24:56,880
» Can I interrupt you a second? Yes,
ma'am.

251
00:24:54,320 --> 00:25:01,600
» The changes shown on this chart are
things that we basically have no choice

252
00:24:59,200 --> 00:25:04,640
in. These are the new mandates, right?
>> A lot of these are driven by state code

253
00:25:03,120 --> 00:25:08,799
requirements. Yes, ma'am. The things
that we do have a little bit of control

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00:25:05,919 --> 00:25:11,799
over will come into next slide or two.
>> Okay.

255
00:25:12,559 --> 00:25:19,120
» So solar of course as the ordinance is
drafted today includes a lot of what we

256
00:25:16,960 --> 00:25:22,720
call development standards. So even if
they come to you all and request a

257
00:25:20,880 --> 00:25:26,559
special exception permit before it even
gets to you. They've worked with staff

258
00:25:24,799 --> 00:25:30,159
to make sure that those pieces of the
ordinance are included in their

259
00:25:28,000 --> 00:25:34,080
application. So these are required
regardless of whether they came to you

260
00:25:32,400 --> 00:25:37,360
for a public hearing or if they died on
the branch before they even came to you

261
00:25:35,600 --> 00:25:41,760
all. So some of those development
standards amended setbacks in line with

262
00:25:39,600 --> 00:25:45,039
state code changes. Um something that's
good to see in there is the addition of

263
00:25:43,200 --> 00:25:48,799
setbacks from wetlands or perennial
streams. So I think that was a big

264
00:25:46,799 --> 00:25:53,039
concern that we t discussed during those
two items that came up earlier this

265
00:25:50,480 --> 00:25:57,120
year. It clarifies the erosion and
sediment control regulations by tying

266
00:25:55,039 --> 00:26:00,720
them to what the state requires. This is
always something that was required of

267
00:25:58,640 --> 00:26:06,080
them to meet, but this just spells out
in code what exactly they have to do.

268
00:26:03,840 --> 00:26:09,919
This next bullet, it adds wildlife
corridor requirements for fencing. So,

269
00:26:08,400 --> 00:26:14,159
these facilities are required to be
fenced. Wildlife sees that as a barrier

270
00:26:12,720 --> 00:26:17,679
and makes it difficult for them to pass
through these facilities to to the

271
00:26:15,840 --> 00:26:21,039
extent possible. The facilities have to
be designed in such a way to mitigate

272
00:26:19,360 --> 00:26:25,039
those impacts to wildlife as they move
through our natural environment.

273
00:26:23,520 --> 00:26:28,320
The next one is a reduction in
vegetative buffer width. That is not

274
00:26:26,960 --> 00:26:31,760
something that we wanted, but that is
something that is per state code

275
00:26:29,600 --> 00:26:36,400
changes. So that's a reduction from 150
to 50 feet in width, which is a pretty

276
00:26:34,000 --> 00:26:40,159
big drop. And then a reduction in those
new tree planting size from five feet to

277
00:26:38,720 --> 00:26:44,480
three feet. So that's also a pretty
substantive drop

278
00:26:41,279 --> 00:26:46,480
» and we don't have any way to avoid that
change.

279
00:26:45,039 --> 00:26:49,600
» No. When we when we worked with the
consultants on this as staff, we said

280
00:26:48,240 --> 00:26:53,360
what we heard from planning commission
and the board during these public

281
00:26:50,799 --> 00:26:57,760
hearings is to the extent possible, we
want the maximum restrictions on these

282
00:26:55,840 --> 00:27:02,080
types of facilities for their placement,
for their um buffering requirements, for

283
00:27:00,720 --> 00:27:06,320
their setbacks. We want to make sure
that these facilities, if they come to

284
00:27:04,080 --> 00:27:10,080
you all for a vote, are meeting the
strictest requirements of the state.

285
00:27:08,080 --> 00:27:15,039
» But I did see something in there about
uh fencing as well to go along with that

286
00:27:12,960 --> 00:27:18,880
50 ft. Is that
>> yes?

287
00:27:15,840 --> 00:27:23,039
» Okay. So that instead of 150 ft, they
basically have to do 50 ft and some type

288
00:27:21,279 --> 00:27:26,080
of opaque fencing.
>> Believe it has to be outside the buffer

289
00:27:24,799 --> 00:27:28,080
requirement. But let me take a quick
look at that too and see if I can get

290
00:27:27,360 --> 00:27:32,480
you an answer.
>> Yeah.

291
00:27:30,640 --> 00:27:36,960
» And this is why we wanted to work on
>> Yeah.

292
00:27:34,080 --> 00:27:42,320
» So another big impact here uh is this
increase in panel height. We had it a

293
00:27:39,279 --> 00:27:45,440
maximum of 12 feet. the state code uh
makes sure that we have that up to 25

294
00:27:43,919 --> 00:27:49,679
feet. So that is at the top of the
panel. So if they're at a tilt, the top

295
00:27:47,440 --> 00:27:52,559
tilt of that panel could go up to 25
feet.

296
00:27:50,720 --> 00:27:55,799
» Was it 12 feet before?
>> Yes, sir.

297
00:27:56,640 --> 00:28:03,520
» So and then this last piece here um is
adding stringent prime farmland and

298
00:28:01,360 --> 00:28:06,480
erodable land protections. That is
definitely something that we heard from

299
00:28:04,799 --> 00:28:12,240
you all. We made sure the consultants
included that in the uh actual draft and

300
00:28:09,200 --> 00:28:17,279
they do tie those to the USDA specific
requirements of what is prime farmland

301
00:28:14,240 --> 00:28:22,000
and roable land protections.
And you may have seen too, I did forward

302
00:28:19,760 --> 00:28:27,279
you all some comments from one of the
solar facilities that reviewed this. Um

303
00:28:25,440 --> 00:28:31,919
this is not a judgment call either way
on my part, but they felt that those

304
00:28:29,200 --> 00:28:35,840
were way too stringent for their ability
to develop in Bodat County. Um, so I

305
00:28:34,720 --> 00:28:38,880
just want to make sure you all realize
that we did not try to give an e easy

306
00:28:37,600 --> 00:28:42,320
pass. We're not trying to make this
super easy for anybody because that's

307
00:28:40,240 --> 00:28:45,919
not the message we heard from you.
>> Could you repeat that? Who who's who

308
00:28:44,159 --> 00:28:48,799
feels this is too stringent?
>> Um, one of the one of the solar

309
00:28:47,200 --> 00:28:51,200
facilities had reached out because
they've been obviously

310
00:28:49,600 --> 00:28:54,399
» that's the email that you sent us
earlier today.

311
00:28:52,799 --> 00:28:57,600
» Yes, sir. They had reached out and said
they had some significant concerns about

312
00:28:56,240 --> 00:29:02,240
their ability to develop with the
language that's drafted in this

313
00:28:59,039 --> 00:29:08,240
ordinance. Now you say stringent prime
farmland and erodable land protections.

314
00:29:05,360 --> 00:29:14,000
I studied this. I found one paragraph
small

315
00:29:10,640 --> 00:29:18,320
point about prime farmland and one
bullet point regarding a rollable land

316
00:29:16,159 --> 00:29:22,559
protections. Is that the stringent
protections that you're referring to or

317
00:29:20,480 --> 00:29:25,520
are there more embodied here that I just
couldn't find?

318
00:29:23,600 --> 00:29:29,200
» That that's more what I was referring to
because it does bring those up. So you

319
00:29:27,360 --> 00:29:32,640
would have seen before in the ordinance
it says identification of recently

320
00:29:30,880 --> 00:29:36,559
cultivated lands and predominant soil
types of those lands. But now it

321
00:29:34,640 --> 00:29:40,480
includes that piece that talks about
delineation of any prime farmland and

322
00:29:38,799 --> 00:29:44,960
highly erodable land or potentially
highly erodable as well. And this will

323
00:29:42,799 --> 00:29:48,559
be used in conjunction with the
comprehensive plan to help you all make

324
00:29:46,880 --> 00:29:52,080
sure that if that is something you
really feel strongly about that solar

325
00:29:50,240 --> 00:29:55,279
should not be in those areas. The
comprehensive plan will also help you

326
00:29:53,840 --> 00:30:02,240
when you get a chance to review that.
>> Okay. Now, now Tom Williamson,

327
00:29:59,200 --> 00:30:06,960
um, who's a farmer and well educated in
soil, has a degree in that, uh,

328
00:30:04,880 --> 00:30:12,159
accredited, as a matter of fact, he
actually submitted to the county a

329
00:30:10,559 --> 00:30:21,039
proposed
language for protecting prime farmland,

330
00:30:17,919 --> 00:30:28,720
identifying it, protecting it, and also
with um highly erodable land. But his

331
00:30:25,520 --> 00:30:31,600
input was really watered down. Who
watered it down? Why was it watered

332
00:30:30,640 --> 00:30:36,000
down?
>> This says no ground mounted minor

333
00:30:33,520 --> 00:30:39,360
utility skills shall be on any part
located on prime farmland. That doesn't

334
00:30:37,679 --> 00:30:44,080
look watered down to me at all. I
>> I'm talking about what he submitted, not

335
00:30:42,240 --> 00:30:47,840
» Yeah, Mr. Tyson, I'm I'd be happy to
answer that question. Um I'm not

336
00:30:46,000 --> 00:30:51,200
familiar with those specific comments
that Mr. Williamson may have submitted.

337
00:30:49,919 --> 00:30:54,799
if that's something that you want to
include in here. I mean, this is

338
00:30:52,799 --> 00:30:58,399
definitely the opportunity to make sure
those comments and feedback are

339
00:30:56,320 --> 00:31:01,120
» well, that's what precipitated the board
to actually

340
00:31:00,320 --> 00:31:04,880
do this.
>> I saw a lot of technical research that

341
00:31:03,120 --> 00:31:08,159
was submitted before I may have missed
where he he provided some suggested

342
00:31:06,720 --> 00:31:12,399
language and if so, that's totally on
me. But I did see a significant amount

343
00:31:10,159 --> 00:31:16,559
of research that had been done in this
whole facility.

344
00:31:13,200 --> 00:31:21,200
» John Alderson funded
there was a legal effort to basically

345
00:31:18,960 --> 00:31:27,760
come up with language and that was
submitted to the board for consideration

346
00:31:24,399 --> 00:31:33,039
and that consideration resulted in going
back to the planning commission and

347
00:31:30,320 --> 00:31:39,760
where we are today. So, I'm just curious
that initial proposed language

348
00:31:36,880 --> 00:31:45,440
was really watered down by a lot. Okay.
And I'm wondering who did that and why

349
00:31:42,320 --> 00:31:48,399
did they do that rather than adopt it as
it was presented through the board of

350
00:31:47,200 --> 00:31:53,360
supervisors.
>> Mr. Tyson, I think I can answer that

351
00:31:50,799 --> 00:31:58,000
question to some degree. I actually had
conversations with the law firm of Woods

352
00:31:55,519 --> 00:32:01,279
Rogers which represented John Alderson
and actually the language that you see

353
00:31:59,440 --> 00:32:04,559
in here is virtually identical to the
language that Woods Rogers developed and

354
00:32:03,120 --> 00:32:10,399
submitted in their draft.
>> It is identical.

355
00:32:06,159 --> 00:32:14,240
» I said close to identical.
I mean, the the argument that they

356
00:32:12,159 --> 00:32:18,080
» see I did not see their their their
research that they had done, which

357
00:32:15,919 --> 00:32:22,880
presumably was done in preparation for
litigation against the county if there

358
00:32:20,480 --> 00:32:28,399
were if the solar farm had been
approved. So, it was a situation where I

359
00:32:26,720 --> 00:32:32,559
where we got what we got through the
attorneys.

360
00:32:30,159 --> 00:32:37,200
But but what I'm reading is that
>> no nothing can be done on prime farmland

361
00:32:34,559 --> 00:32:41,840
and nothing can be done on any erodable
land as defined by the United States

362
00:32:39,679 --> 00:32:46,080
Department of Agriculture. And what they
were arguing about, and correct me if

363
00:32:44,480 --> 00:32:50,399
I'm wrong, but they were arguing that
that was too strict, that they wanted

364
00:32:48,080 --> 00:32:54,799
the opportunity to put some on some
potential prime farmland, and that's not

365
00:32:52,559 --> 00:32:58,159
what's in here. What's in here is saying
no prime farmland, no erodable land.

366
00:32:57,440 --> 00:33:02,720
» No, I agree.
>> That's what this says. I I mean I'm not

367
00:33:00,080 --> 00:33:05,519
sure how that's watered down.
>> I guess that's what I'm trying to figure

368
00:33:03,840 --> 00:33:09,039
out. What do you mean watered down? That
says none. None.

369
00:33:07,039 --> 00:33:14,080
» All right. We're miscommunicating.
>> Okay.

370
00:33:09,360 --> 00:33:21,840
» All right. Apparently the Williamsons
>> um John Alderson with Tom Williamson.

371
00:33:17,840 --> 00:33:25,840
I guess they have some collaborated with
an attorney, the law firm. I didn't know

372
00:33:24,159 --> 00:33:30,960
who the law firm was. It has been
pointed out. and they submitted

373
00:33:27,519 --> 00:33:40,159
language. I received a copy of that.
Okay. Um and what what I was given and

374
00:33:36,080 --> 00:33:44,960
what's in this is different. It's now
I'm not saying that's bad. I'm not

375
00:33:42,960 --> 00:33:48,960
saying that's not adequate. What I'm
saying is that it was changed.

376
00:33:47,200 --> 00:33:55,679
» I don't think it's our responsibility to
take verbatim what a law group

377
00:33:53,679 --> 00:33:58,799
» I don't think.
I think this is pretty strict and it I

378
00:33:57,440 --> 00:34:03,360
think meets the intent that we were
worried about on those two other public

379
00:34:00,399 --> 00:34:06,799
hearings. I think if the intent bothers
you, then we should

380
00:34:04,720 --> 00:34:10,800
» no work on that. But I don't think we
need to worry about whether it was

381
00:34:07,760 --> 00:34:13,760
verbatim from Auburn or Mr. Williamson's
documents,

382
00:34:12,159 --> 00:34:18,159
» right? Like that's not our
responsibility is to take a civilian's

383
00:34:16,639 --> 00:34:21,040
verbatim language. This is pretty
strong. As Mr. Lucas said, it says,

384
00:34:20,240 --> 00:34:25,520
none, done.
>> Who enforces that? Who actually

385
00:34:22,960 --> 00:34:32,079
determines that? Okay. I mean, I asked
>> we are right now.

386
00:34:27,520 --> 00:34:36,639
» I asked what, you know, of all of Batad
County,

387
00:34:33,760 --> 00:34:44,639
where is the prime farmland defined? And
I was sent something of via email that

388
00:34:41,599 --> 00:34:49,839
was hard to basically discern
um and how it translated to a particular

389
00:34:48,320 --> 00:34:56,639
parcel. I don't know how that
translation occurs. Okay. Um, so maybe

390
00:34:54,079 --> 00:35:01,280
that can be explained. All right. So
somebody would have to say, "Hey, is

391
00:34:58,400 --> 00:35:06,240
this parcel here prime farmland or not?"
>> Mr. How

392
00:35:03,920 --> 00:35:11,680
» the USDA has a website that defines
prime farmland and they have a number of

393
00:35:08,320 --> 00:35:15,200
criteria that evaluate that. That flows
all the way down to everything in Bitac

394
00:35:13,839 --> 00:35:21,760
County, including the soil and water
conservation group. So it's not it's

395
00:35:18,320 --> 00:35:28,960
it's a USDA definition identification.
It's not anybody locally that that says

396
00:35:25,359 --> 00:35:33,680
that. Does that answer the who?
>> No, I I Okay,

397
00:35:32,079 --> 00:35:39,920
so
the the

398
00:35:35,920 --> 00:35:43,599
solar farm application that was
retracted.

399
00:35:41,440 --> 00:35:46,480
» Um how much of that is on prime
farmland?

400
00:35:44,320 --> 00:35:50,800
» One of the
one of them had a small percentage I

401
00:35:48,240 --> 00:35:54,079
believe and one of them had zero. One of
them was on no prime farmland

402
00:35:52,240 --> 00:35:58,000
whatsoever. And I think one of them had
a a small amount of that wasn't even it

403
00:35:56,640 --> 00:36:01,599
was in the same truck, but it wasn't
part of the solar panels themselves, if

404
00:36:00,560 --> 00:36:06,160
I remember correct.
>> And the and the erodable land also is

405
00:36:04,160 --> 00:36:11,440
defined.
>> All right. You're saying our entire

406
00:36:07,839 --> 00:36:17,680
Bodat County has been mapped for prime
farmland and for erodable land. Is that

407
00:36:15,520 --> 00:36:22,560
correct? And you can take that mapping
that was done and apply it to a

408
00:36:20,240 --> 00:36:27,920
particular parcel and know which parcel
which part of that is erodable and which

409
00:36:25,440 --> 00:36:31,920
part is prime. Is that correct?
>> So did some research too because I had

410
00:36:29,920 --> 00:36:36,480
those same questions. The prime farmland
piece does have a online mapping tool.

411
00:36:34,480 --> 00:36:40,560
It's actually through DCR. I think it's
data that comes from DA. If there's

412
00:36:38,960 --> 00:36:44,480
somebody that's more expert in that than
me, I'm sure I said something wrong. The

413
00:36:42,720 --> 00:36:48,880
highly erodable land or potentially
highly erodable land that's referenced

414
00:36:46,240 --> 00:36:55,760
in this document, the draft is based off
criteria set forth by USDA um under some

415
00:36:52,400 --> 00:37:00,640
federal regulations. It's 7 CFR sections
12.21 through 22. I tried to find a map

416
00:36:58,560 --> 00:37:04,560
of that. I was unsuccessful finding a
map that showed what those soils are,

417
00:37:02,560 --> 00:37:10,079
but it does define the soil types that
are considered highly erodable or

418
00:37:07,280 --> 00:37:13,200
potentially highly erodable. So, as of
right now, I don't have a map and I

419
00:37:11,680 --> 00:37:16,160
can't tell you that I have a map that's
been done for the whole county, but I

420
00:37:14,560 --> 00:37:20,560
know there's been soil testing that's
been done that shows which soils fit in

421
00:37:18,880 --> 00:37:26,560
that category. And there's a whole table
that's online as well. So, let's say

422
00:37:22,800 --> 00:37:33,599
that a let's say that a facility is
approved and it's and and and and the

423
00:37:30,880 --> 00:37:40,079
applicant indicates that none of the
farmland is on erodable land and a solar

424
00:37:37,440 --> 00:37:46,400
facility is installed and it's eroding
and it's eroding badly.

425
00:37:42,480 --> 00:37:50,800
Um what happens then?
So there are regulations provided

426
00:37:48,640 --> 00:37:54,240
through DEEQ I believe that would meet
the erosion and sediment control. I

427
00:37:52,800 --> 00:37:58,240
think it would be up to you all and the
board to ensure that that information

428
00:37:55,920 --> 00:38:02,079
about erodable land protections is
considered at the time of the

429
00:37:59,760 --> 00:38:06,720
application and afterwards if there is
significant erosion on the property

430
00:38:04,000 --> 00:38:10,720
itself. It would be actions through our
department and possibly with DEEQ as

431
00:38:08,720 --> 00:38:14,240
well to ensure that mitigates.
>> That all sounds great. Okay, there's a

432
00:38:12,480 --> 00:38:19,280
lot of words there, but we're trying to
come up with a a a a

433
00:38:17,040 --> 00:38:25,920
an ordinance that is sort of
all-incclusive. So, in this ordinance,

434
00:38:22,320 --> 00:38:30,320
where does it talk about a facility that
gets installed on land that is not

435
00:38:28,640 --> 00:38:36,320
deemed
erodable, but in fact is eroding?

436
00:38:33,440 --> 00:38:41,760
I I didn't find anything in here at all.
There's no corrective action that's

437
00:38:38,320 --> 00:38:47,040
mandated, required, a timetable, number
of notices that have to be provided, and

438
00:38:44,560 --> 00:38:50,960
a potential consequence if they in fact
don't

439
00:38:49,440 --> 00:38:54,880
correct.
There's is did I miss any of that or is

440
00:38:53,680 --> 00:38:59,359
that all missing?
>> I think that's a really good point that

441
00:38:56,960 --> 00:39:05,040
that we could get. Could you explain to
us maybe the difference between

442
00:39:03,359 --> 00:39:11,280
» That's a confusing point. the difference
between what goes into an ordinance for

443
00:39:08,000 --> 00:39:17,200
planning purposes versus where does the
enforcement corrective action fall

444
00:39:14,640 --> 00:39:20,560
within ordinances or outside?
>> Yeah, I mean that yeah, it's a fantastic

445
00:39:18,720 --> 00:39:24,560
question. Um, and I'll point to other
sections of the code that also don't

446
00:39:22,000 --> 00:39:28,240
have that language in it. So like an SCP
for a slaughterhouse, for example,

447
00:39:26,800 --> 00:39:32,560
doesn't include those things in it
either. Not everything is going to

448
00:39:29,920 --> 00:39:36,960
include that that hard fine language
that you want to see in this and it's

449
00:39:34,560 --> 00:39:41,359
because it's referenced and enforced in
other pieces of the code. I think it's

450
00:39:38,720 --> 00:39:45,359
chapter 10 has everything about erosion
and sediment control in it and the

451
00:39:43,119 --> 00:39:49,839
measures and procedures to enforce and
then fine or come to corrective actions

452
00:39:47,599 --> 00:39:53,760
through that piece of the ordinance. And
that's what this tries to do here. Um,

453
00:39:52,079 --> 00:39:59,359
if you see erosion and sediment control,
it talks about the V general VPDEES

454
00:39:57,200 --> 00:40:03,040
permit for discharge to storm water,
talks about construction activities. But

455
00:40:01,520 --> 00:40:07,920
if you want to see additional language
that really hones that in, we can see if

456
00:40:06,160 --> 00:40:12,079
we can include that in here and make it
very explicit.

457
00:40:09,680 --> 00:40:15,920
» And I think that you make a great point.
Also, Mr. Cooper who runs our storm

458
00:40:14,240 --> 00:40:18,720
water management program is here and can
answer those questions. But I would just

459
00:40:17,440 --> 00:40:24,160
speak to the fact that we need to be
careful not to have any conflicting or

460
00:40:20,720 --> 00:40:28,720
overlapping um code that would make it
more complicated to enforce. But um he

461
00:40:27,280 --> 00:40:32,079
can speak to any questions that you have
about that program.

462
00:40:29,920 --> 00:40:34,880
» Mr. Cooper, do you mind coming down? I
think this is worth clarifying for us to

463
00:40:34,000 --> 00:40:40,000
understand the difference.
>> And let me ask this too. Um on the

464
00:40:37,440 --> 00:40:46,480
application process itself, would there
be this prime farming land or erodable

465
00:40:43,119 --> 00:40:51,440
farmland orable land? Like is there a
designation or is there a box like

466
00:40:49,359 --> 00:40:53,599
somebody can is checking that before it
comes?

467
00:40:52,000 --> 00:40:57,119
» If this if this is the final language
that says no facilities on prime

468
00:40:55,440 --> 00:41:00,800
farmland, the very first thing we're
going to do because that's an easy check

469
00:40:58,720 --> 00:41:02,319
is look and it's like if it's on there,
you're not coming to the planning

470
00:41:01,839 --> 00:41:04,319
commission,
>> right?

471
00:41:02,640 --> 00:41:07,680
» A roadable, like I said, I've not seen a
map. We'd have to identify some of the

472
00:41:06,000 --> 00:41:11,280
soils. It might be a bigger lift. But
same thing, we don't let applications

473
00:41:09,359 --> 00:41:13,119
come to you all or the board if they
don't meet those requirements of the

474
00:41:12,480 --> 00:41:18,240
ordinance. And
>> I mean, if you put if you put me in

475
00:41:14,960 --> 00:41:23,599
front of a parcel, I wouldn't know
whether it's a roadable or not. I don't

476
00:41:20,480 --> 00:41:27,359
have the expertise to call it. Okay. I'm
not sure anybody that's hired here in

477
00:41:25,599 --> 00:41:31,760
Bodatat County might have that
expertise. Might require somebody that's

478
00:41:29,839 --> 00:41:36,640
expert on that particular subject.
Right. So, um,

479
00:41:34,880 --> 00:41:40,240
» Mr. Cooper might be able to help you.
He's up.

480
00:41:37,920 --> 00:41:45,280
» How are you all tonight? Good. Uh,
there's a website there through NRCS

481
00:41:42,560 --> 00:41:50,400
that shows all the soil surveys within
the county. They list them, uh, I don't

482
00:41:48,240 --> 00:41:55,440
know if they list them as highly
erodable or exactly how they do that. I

483
00:41:53,200 --> 00:41:59,359
can't remember the specific language,
but every project has to go through a

484
00:41:58,160 --> 00:42:04,319
soil survey.
>> Okay. Well, tell me, we we did approve

485
00:42:01,520 --> 00:42:07,680
one solar facility. Was any of that on
prime farmland?

486
00:42:06,079 --> 00:42:09,920
» I don't know. To be honest with you, I
didn't review and approve the project

487
00:42:09,359 --> 00:42:14,640
that was
>> Was any of that was any of that solar

488
00:42:12,160 --> 00:42:17,440
that was approved on erodable land?
>> I don't know. I didn't review and

489
00:42:16,079 --> 00:42:22,000
approve that project.
>> So, basically, what we had in place

490
00:42:19,839 --> 00:42:24,720
really didn't cover that. But now, what
we're putting in place is going to cover

491
00:42:23,680 --> 00:42:30,640
it,
>> right?

492
00:42:26,079 --> 00:42:34,560
» Appears to. So, um I have a question.
Solar, what the attitude towards solar?

493
00:42:33,200 --> 00:42:39,280
It's it's different than other
facilities. Okay. Other facilities,

494
00:42:37,599 --> 00:42:44,319
you know, they're they're approved.
They're built. They're expected to be

495
00:42:41,119 --> 00:42:48,560
there for a long time. Is solar
considered to be temporary? I've heard

496
00:42:46,400 --> 00:42:52,640
that before now over and over. It's
temporary. It's temporary. It's

497
00:42:50,240 --> 00:43:00,400
temporary. Is it temporary or is it
permanent? And if it's temporary,

498
00:42:56,960 --> 00:43:04,079
What do you delineate as temporary? I
mean, something that's going to be in

499
00:43:01,680 --> 00:43:11,440
there for 40, 50 years,
>> it's not so temporary for me. Okay. What

500
00:43:07,119 --> 00:43:19,359
So if is it temporary or are or or is
are we taking prime farmland, whether

501
00:43:15,359 --> 00:43:24,720
it's prime or not, and allowing an
industrialization of it with solar on a

502
00:43:23,359 --> 00:43:32,160
permanent basis?
>> Mhm. Is that what we're doing or are we

503
00:43:27,839 --> 00:43:35,200
saying well it's only temporary but we
don't delineate what temporary means. Is

504
00:43:34,800 --> 00:43:37,119
it
>> sure

505
00:43:35,680 --> 00:43:40,640
» five years? Is it 10?
>> It's a great question. Um I'll give you

506
00:43:39,280 --> 00:43:44,319
two answers to that. Right. The first
one is I guess anything's temporary if

507
00:43:42,560 --> 00:43:48,800
your time frame is long enough. Right.
The second one is we do have what are

508
00:43:46,160 --> 00:43:52,400
temporary uses in the ordinance. Um and
I think those are actually 30 days. So

509
00:43:50,560 --> 00:43:56,800
we would not consider this a temporary
use. I would say it's something that

510
00:43:54,160 --> 00:44:00,800
does have a a useful life to it and does
have a decommissioning. Anything that

511
00:43:58,319 --> 00:44:04,000
would have a pre-planned decommissioning
is something that we would treat

512
00:44:02,079 --> 00:44:06,079
differently from a a house. Somebody
could build a house today on prime

513
00:44:05,440 --> 00:44:07,839
farmland.
>> Sure,

514
00:44:06,400 --> 00:44:11,040
» we don't have any restrictions to that
whatsoever.

515
00:44:08,960 --> 00:44:14,800
» But for solar, we would. And there are
two very different uses and so it might

516
00:44:12,800 --> 00:44:17,359
make sense to have those for one and not
the other.

517
00:44:15,359 --> 00:44:20,960
» So I talked to a lot of farmers.
>> Mr. Tyson, can I ask you if you could

518
00:44:19,440 --> 00:44:23,200
just please wrap that up?
>> Why quickly? This is the work session.

519
00:44:22,960 --> 00:44:26,480
Mr.
>> Lucas and Mr. Hartman have not had a

520
00:44:24,720 --> 00:44:29,280
chance to speak yet and I just want to
share some time and then come back to

521
00:44:27,920 --> 00:44:32,800
you. So, if you don't mind finishing
that thought, we'll let everybody else

522
00:44:31,040 --> 00:44:36,319
speak and come back to you, please.
>> I'm not trying to dominate.

523
00:44:34,480 --> 00:44:39,200
» I know I'm that's why I'm asking you to
finish your thought so that you won't be

524
00:44:37,920 --> 00:44:43,760
dominating. I know you're not doing it
on purpose, but the but the rest of us

525
00:44:40,800 --> 00:44:48,640
have questions, too.
>> All right. I spoke to a lot of farmers

526
00:44:45,599 --> 00:44:54,880
and they said the longer that solar
facility is on that land,

527
00:44:52,400 --> 00:45:00,560
the more unlikely you'll ever restore
that land for farming ever again. Okay,

528
00:44:58,400 --> 00:45:07,920
that's what I heard over and over again.
Farmer after farmer after farmer said in

529
00:45:03,280 --> 00:45:13,760
effect that. Okay, so I said well when
would be a detrimental timetable? They

530
00:45:10,960 --> 00:45:18,560
said 15 years. If it's there for more
than 15 years, forget it. You're you're

531
00:45:17,040 --> 00:45:24,240
not going to be able to restore that
land now. 15 20 years. Some said 20,

532
00:45:22,000 --> 00:45:28,480
some said 15.
Um it was interesting. They're farmers.

533
00:45:26,800 --> 00:45:35,680
They're expert at this. They they know
soil and all that. and and and so if

534
00:45:33,119 --> 00:45:42,000
that's the case, why wouldn't we say,
"Sure, build a build a solar facility,

535
00:45:39,280 --> 00:45:49,119
but at the end of that period, 15 or 20
years, okay, it's got to it's got to go

536
00:45:44,960 --> 00:45:52,400
away. It's got to go away." Okay? It's
got to be decommissioned. Not only

537
00:45:50,640 --> 00:45:55,760
decommissioned, but it's got to be
totally restored.

538
00:45:53,920 --> 00:46:00,400
» That's something that we can consider in
our right. We can consider that as a

539
00:45:58,000 --> 00:46:04,560
point. Okay. I would want to defer to uh
legal counsel to see if there's any

540
00:46:01,839 --> 00:46:07,920
state code requirements about, you know,
if you can kind of put a sunset on those

541
00:46:06,480 --> 00:46:10,160
or not. But that would be a policy
decision for you all and the board of

542
00:46:09,200 --> 00:46:16,400
supervisors to make.
>> And I'm also curious, are you trying to

543
00:46:15,119 --> 00:46:20,000
I don't mean to argue with the point,
but I mean, are you trying to push for

544
00:46:18,240 --> 00:46:23,040
the point that it should not be on prime
farmland, or are you trying to push for

545
00:46:21,359 --> 00:46:26,240
the point that you can put it on prime
farmland? Because if you're arguing you

546
00:46:24,880 --> 00:46:28,160
shouldn't put it on prime farmland, I
don't know why we're talking about it

547
00:46:27,200 --> 00:46:32,079
because that's what's in here.
>> No, no, I'm talking about farmland.

548
00:46:29,920 --> 00:46:35,359
» You want it on farmland. You want solar
panels on

549
00:46:33,040 --> 00:46:39,040
» farmland. We're differentiating farmland
and prime farmland, right? Okay.

550
00:46:37,280 --> 00:46:42,800
» We're saying it can't go on prime
farmland.

551
00:46:39,440 --> 00:46:48,720
» Question that could we limit could we
set a sunset? Your is your I think your

552
00:46:46,240 --> 00:46:52,720
question is can we say all right it's
got to be decommissioned in 15 years 20

553
00:46:51,040 --> 00:46:55,520
years. Pick a number. That's what you're
saying, right?

554
00:46:54,160 --> 00:46:59,040
» You're wanting to limit. You don't want
it to have a 40-year lifespan. You want

555
00:46:57,520 --> 00:47:02,160
it to have
>> Yeah. I'm just trying to figure out if

556
00:47:00,400 --> 00:47:05,760
you're looking to put it on farmland
because the way it's written says no

557
00:47:04,079 --> 00:47:06,960
prime farmland. I'm assuming that's
farmland.

558
00:47:06,640 --> 00:47:10,960
» Well,
>> and if it's farmland, I don't want it on

559
00:47:09,040 --> 00:47:14,640
farmland. So, that's what's written. And
I if you were wanting on farmland, then

560
00:47:13,440 --> 00:47:20,160
I don't know what.
>> Excellent. Excellent point. Okay. So,

561
00:47:16,960 --> 00:47:24,319
let's talk about A1, agriculture
>> land. Okay. Is agricultural land

562
00:47:22,880 --> 00:47:28,560
farmland?
>> Not all.

563
00:47:25,280 --> 00:47:33,440
» Not I mean not necessarily. This is by
definition the USDA prime farmland. Now

564
00:47:31,200 --> 00:47:37,040
we might need to look into deeper dive
as far as what restrictions they put on

565
00:47:35,920 --> 00:47:40,160
that as far as
>> okay

566
00:47:37,440 --> 00:47:43,520
» official prime farmland versus
>> just farmland or agricultural land.

567
00:47:42,000 --> 00:47:47,440
» I don't know whe this is semantics or
whether this is an excellent point that

568
00:47:45,040 --> 00:47:50,960
you're making. I I I regarded
agricultural

569
00:47:49,040 --> 00:47:52,640
as basically
>> all farmland.

570
00:47:52,000 --> 00:47:55,839
» Farmland.
>> I don't think that's the case.

571
00:47:53,680 --> 00:47:58,880
» And some of it is prime and some of it
isn't prime.

572
00:47:57,440 --> 00:48:04,319
» That's not
>> I I I think that's that seems correct,

573
00:48:01,920 --> 00:48:08,240
right? Agricultural land is agricultural
land zoning

574
00:48:05,599 --> 00:48:12,480
» and in agricultural land we have some of
it is considered prime farmland,

575
00:48:10,160 --> 00:48:17,119
» right? And some of it is not. But I
would say that maybe if you're thinking

576
00:48:13,920 --> 00:48:21,440
about an A1 zoning means you're looking
at a farm, that's not necessarily

577
00:48:20,400 --> 00:48:25,280
correct,
>> right? That's not prime farmland.

578
00:48:22,880 --> 00:48:27,520
» A a A1 zoning doesn't mean tractors and
cows are running around. It could mean

579
00:48:27,119 --> 00:48:30,480
that.
>> No, I I I I

580
00:48:29,760 --> 00:48:34,160
Okay,
>> but you know, it could be like other,

581
00:48:32,400 --> 00:48:39,920
you know, there's houses, there's it's
not it's not it's not far far. It's not

582
00:48:37,920 --> 00:48:45,520
» Y'all explain A1 better than me. That's
your job.

583
00:48:42,800 --> 00:48:50,079
Yeah, I mean you're right. Not all A1
zone property is prime farmland and not

584
00:48:47,440 --> 00:48:53,440
all A1 zone property has farms on it.
There is A1 that has

585
00:48:52,160 --> 00:48:57,920
» Let me let me ask you.
>> Sure. Is any farming done on non-prime

586
00:48:56,800 --> 00:49:03,200
farmland?
>> I'm sure there probably is.

587
00:49:00,079 --> 00:49:07,680
» Great. Okay. So, there is farming done
on land that's not prime.

588
00:49:05,359 --> 00:49:12,480
» That sounds fair. And it and and we're
saying that on that land we could put a

589
00:49:10,720 --> 00:49:14,240
solar facility
>> if we

590
00:49:12,960 --> 00:49:18,480
» That's a great question. I think that
would be correct underneath the this

591
00:49:15,839 --> 00:49:21,920
ordinance. If you grant an SCP,
>> they'd have to come and present that to

592
00:49:20,559 --> 00:49:24,720
you beforehand,
>> right?

593
00:49:23,280 --> 00:49:29,359
» And what you would want to see, of
course, if I can, you know, make this

594
00:49:27,359 --> 00:49:33,520
assumption is in your comprehensive
plan, the updates to that, you would

595
00:49:31,280 --> 00:49:37,440
say, "We really want to see solar not be
on any farmland.

596
00:49:35,680 --> 00:49:42,160
We want to see it on industrial zone
property or on rooftops or above parking

597
00:49:40,319 --> 00:49:45,280
lots or whatever that you might seem
fit.

598
00:49:42,720 --> 00:49:49,040
» But I think the state is telling us that
we can't limit it that way. Is that

599
00:49:47,359 --> 00:49:54,720
» can we before we go down that path? I'm
sorry. It's a quarter teal. Can you hold

600
00:49:52,880 --> 00:49:57,680
your finish your stuff in the in the
public hearing part, Mr. Tyson? It's not

601
00:49:56,559 --> 00:50:00,640
the end of the conversation. I want to
give these gentlemen a chance. Do you do

602
00:49:59,359 --> 00:50:05,920
you guys want to pipe in here or are you
happy with Mr. T? Can I just draw just a

603
00:50:03,680 --> 00:50:12,160
real quick connection to that's why we
um have heard and are so um supportive

604
00:50:09,520 --> 00:50:15,520
of of marrying the zoning ordinance and
the comp plan together to be looking at

605
00:50:13,839 --> 00:50:19,839
those in tandem with each other rather
than separate because the potential

606
00:50:17,440 --> 00:50:24,880
avenue for that is is with the state
code changes more flexibility through

607
00:50:21,920 --> 00:50:27,680
the comp plan than the zoning ordinance.
I'm sorry to jump in. I hope that was

608
00:50:26,400 --> 00:50:32,800
okay.
>> I had a question about that. the state

609
00:50:29,839 --> 00:50:39,040
code. So it changed from 12 feet to 25
feet. Is that something that monot has

610
00:50:35,680 --> 00:50:41,359
to go by? Is that what what what's
>> I think so

611
00:50:39,760 --> 00:50:45,040
» on everything if they changed at the
state code

612
00:50:43,119 --> 00:50:48,240
» ground mounted facilities they increased
the panel height we had 12 is the

613
00:50:46,640 --> 00:50:50,880
restriction. I believe they cap that at
25 and I don't know there's a whole lot

614
00:50:50,000 --> 00:50:55,920
we can do about that.
>> You can't put it in the SCP that you

615
00:50:53,680 --> 00:51:01,119
» although they made it you you can't it
has to be 25 ft. That's by state law.

616
00:50:58,880 --> 00:51:06,079
However, they made clear in the state
law that that was at full tilt. So, it's

617
00:51:03,599 --> 00:51:10,800
when it's all the way up as opposed to
flat or slightly angled,

618
00:51:08,480 --> 00:51:14,559
» which we I I don't know whether we would
have measured it previously under where

619
00:51:12,400 --> 00:51:17,680
the pivot point is or what.
>> Jason gray to the top of the panel, I

620
00:51:16,160 --> 00:51:20,720
think, is how it was spelled out.
>> Yeah.

621
00:51:18,079 --> 00:51:25,839
» Well, I I got a question about so that
Berkeley Group, they put this together.

622
00:51:24,079 --> 00:51:29,520
» Who looked at it after it got put
together in Bonat?

623
00:51:27,440 --> 00:51:32,880
» Yeah, it's a great question. So, um, the
kickoff that we had was with staff in

624
00:51:31,359 --> 00:51:36,559
Berkeley Group. I actually have that in
front of me. We met with them.

625
00:51:35,599 --> 00:51:41,119
» Who is we?
>> Uh, myself, Matt Lindsay, planner my

626
00:51:39,839 --> 00:51:44,559
department. I don't know that he's here
tonight. Um, we met with them and I

627
00:51:43,280 --> 00:51:49,599
don't think Nicole was in there. She was
off at that time. But what we did was we

628
00:51:47,440 --> 00:51:53,040
took what we had heard from you all. We
took what we heard from the community

629
00:51:51,119 --> 00:51:57,680
from those public hearings and the board
of supervisors and told them that we

630
00:51:55,760 --> 00:52:01,280
need to meet state code requirements as
directed by the board and the planning

631
00:51:59,040 --> 00:52:06,000
commission and we want to be very
restrictive as far as we can take it is

632
00:52:04,079 --> 00:52:10,559
my understanding and so that's what we
communicated to them. We had a kickoff

633
00:52:07,920 --> 00:52:17,200
meeting on June 9th and then we received
a draft of an initial draft on July

634
00:52:13,440 --> 00:52:21,599
14th. We met on July 21st to discuss
that draft. We had some modifications

635
00:52:19,440 --> 00:52:24,880
that from what we understand that we
knew from these previous meetings with

636
00:52:22,960 --> 00:52:30,559
you all that we felt should be reflected
in that draft and then we received a

637
00:52:27,200 --> 00:52:33,520
final rough draft on July 27th. So this
100 days has been a really tight

638
00:52:32,000 --> 00:52:36,720
turnaround and that's why I don't think
the ordinance is directly perfect yet

639
00:52:35,839 --> 00:52:41,119
for you all.
>> Who was in those meetings

640
00:52:38,640 --> 00:52:44,559
» in the in the Berkeley group? No, when
you all had the meeting,

641
00:52:42,319 --> 00:52:48,000
» myself, uh, Matt Lindsay, and then
Nicole was in that July 27th meeting, I

642
00:52:47,440 --> 00:52:51,839
believe.
>> What other companies did you interview?

643
00:52:50,319 --> 00:52:55,680
» We didn't interview anybody. We have an
on call contract with Berkeley Group.

644
00:52:54,000 --> 00:52:59,200
Um, and we selected them because they
are widely regarded as very

645
00:52:57,520 --> 00:53:01,920
knowledgeable in solar and we already
have a pretty um, good working

646
00:53:00,960 --> 00:53:08,559
connection with them.
>> But on their website, they basically say

647
00:53:04,960 --> 00:53:12,000
that they promote the development of
solar. Is that a direct quote from the

648
00:53:10,800 --> 00:53:14,800
site? Because I would want to make sure
that's the case.

649
00:53:13,040 --> 00:53:18,559
» No, because I I had asked you whether or
not they were pro or and you said they

650
00:53:17,040 --> 00:53:21,200
were absolutely neutral. But if you go
on their site that

651
00:53:19,680 --> 00:53:23,359
» did you ask me
>> in one of the meetings.

652
00:53:22,400 --> 00:53:24,880
» Okay.
>> It's in the minutes.

653
00:53:24,400 --> 00:53:28,480
» Okay.
>> Okay. And you said no, no, they're

654
00:53:26,720 --> 00:53:33,040
absolutely neutral. They're not pro.
They're not anti Okay.

655
00:53:30,880 --> 00:53:36,160
» So, you have a contract with them?
>> We do. As far as I understand, we have

656
00:53:34,480 --> 00:53:40,720
an on call contract. We have a work
order that's been signed um with them

657
00:53:38,559 --> 00:53:44,480
that spells out the work product they're
supposed to submit to us and then

658
00:53:42,000 --> 00:53:49,359
present to you all. We do have in there
um one round of revision as directed by

659
00:53:46,800 --> 00:53:53,200
you all as well. So what we intend to do
is take your comments and then pass them

660
00:53:51,520 --> 00:53:56,800
to them. Say these are the things that
we heard and they had questions about.

661
00:53:54,800 --> 00:54:01,200
Can we do anything about that? They'll
get it back to us and then that piece is

662
00:53:59,280 --> 00:54:05,440
done and we will work with you all again
to see if that met your intent.

663
00:54:02,960 --> 00:54:11,040
» Add a couple quick notes in there. Um,
this is just, you know, minor details,

664
00:54:07,920 --> 00:54:16,079
but in one of the sections where it went
numbered 7 8 9 10, it skipped 11. Not a

665
00:54:14,720 --> 00:54:20,559
big deal, but that definitely would need
to be fixed. And then the biggest one

666
00:54:17,599 --> 00:54:27,119
for me that I ran into was when they
were talking about um soil going back

667
00:54:24,400 --> 00:54:31,839
onto the land. And I'm struggling to
find where that was on there cuz I'm not

668
00:54:30,400 --> 00:54:37,760
sure if we'll get far enough down in the
work session, but um it said something

669
00:54:34,240 --> 00:54:42,000
to the effect of um if the soil needed
to be

670
00:54:39,440 --> 00:54:46,400
Oh, it's um
under storm water. Top soil shall not be

671
00:54:44,720 --> 00:54:52,800
removed from the site and shall be
returned to uh disturbed areas unless

672
00:54:50,640 --> 00:54:59,280
returning soil would cause adverse
impact to top soil integrity or is not

673
00:54:56,000 --> 00:55:03,839
practical for construction activities.
And I want to know who determines

674
00:55:01,359 --> 00:55:09,520
whether that
is, you know, who who decides whether or

675
00:55:06,480 --> 00:55:12,640
not it is not practical for construction
activities. Do they get to decide

676
00:55:10,960 --> 00:55:17,040
whether it's not? because I don't I
don't think that's appropriate. I feel

677
00:55:14,319 --> 00:55:23,680
like, you know, there should be either
the planning commission or the board or

678
00:55:20,079 --> 00:55:27,280
um someone that actually gets the reason
why they wouldn't return top soil back

679
00:55:25,839 --> 00:55:32,240
to the site.
>> Would that be something in your purview,

680
00:55:28,960 --> 00:55:34,880
Mr. Cooper? Like or could we we somehow
>> like it's dee you would use some sort of

681
00:55:34,160 --> 00:55:38,160
» possibly
>> local inspection,

682
00:55:36,240 --> 00:55:41,520
» right? under some type of inspection or
they need to provide a reason and

683
00:55:39,760 --> 00:55:47,400
somebody verify that that's an actual
reason not to return soil.

684
00:55:43,280 --> 00:55:47,400
» We might be able to tag that.

685
00:55:47,680 --> 00:55:52,400
» Sorry, that was a big one that I saw
that I didn't like.

686
00:55:50,640 --> 00:55:58,720
» I think that's a good point and I don't
I'm sorry to interrupt us, but it is 10

687
00:55:55,040 --> 00:56:05,599
to six. So, I just wanted to do a quick
um consensus a feel from people. Um, my

688
00:56:02,880 --> 00:56:11,920
thought might my thought is for
consideration is that we um

689
00:56:10,720 --> 00:56:14,799
go through the six o'clock public
hearing and then make our make our

690
00:56:13,440 --> 00:56:17,920
recommendation to whatever we're going
to do about this. I don't want to put

691
00:56:16,000 --> 00:56:24,960
words into people's mouth, but after
that, I'm thinking if the vote is no,

692
00:56:21,920 --> 00:56:31,760
would the planning commission be willing
to work out a date that we either had a

693
00:56:29,280 --> 00:56:35,680
special session, work session, or at our
next work session, we we meet like say 4

694
00:56:34,319 --> 00:56:38,960
to 6,
>> 4 to 6 or something like that? I I feel

695
00:56:37,920 --> 00:56:42,559
like there's a lot of
>> there's a lot of

696
00:56:39,680 --> 00:56:48,000
» stuff in here that I mean like
>> I really applaud the fact that they have

697
00:56:45,599 --> 00:56:53,040
tried to put it restrictive but I feel
like we need to discuss this a whole lot

698
00:56:49,599 --> 00:56:57,440
more cuz I mean I've been one that
I much prefer solar panels buildings

699
00:56:56,079 --> 00:57:03,599
going
>> you know pavement let's not put it out

700
00:57:00,160 --> 00:57:08,160
countryside because that is not okay
>> I just don't like the look of it I mean

701
00:57:05,760 --> 00:57:11,040
I want solar energy But I don't also
want our county covered with solar

702
00:57:10,079 --> 00:57:15,839
panels.
>> And so as such, I feel like, you know,

703
00:57:13,680 --> 00:57:21,280
we need to look at this
>> longer than just the one time that it's

704
00:57:18,079 --> 00:57:24,960
been presented to us. And so
>> I wouldn't vote for this,

705
00:57:23,280 --> 00:57:28,960
» not because I don't like it, but because
I think we need more time on it.

706
00:57:26,960 --> 00:57:33,599
» And that was totally just my opinion.
>> Yeah. Thank you.

707
00:57:29,920 --> 00:57:37,839
» I I concur. I Well said. I concur as
well. But I have a lot of things that we

708
00:57:36,000 --> 00:57:41,200
need to talk about at six o'clock on
this.

709
00:57:38,720 --> 00:57:45,200
» So my recommendation because Mr. Hartman
also has some a list of recommendations

710
00:57:43,520 --> 00:57:49,040
or suggestions that he wanted to share
with us and we obviously aren't going to

711
00:57:46,960 --> 00:57:53,359
get time to do that. Um
>> that's all right. I can

712
00:57:51,359 --> 00:57:57,680
» he's going to hand these out to us and I
think my suggestion since it sounds like

713
00:57:55,920 --> 00:58:00,480
we're all in agreement that this is a
lot of work, none of us are ready to say

714
00:57:59,440 --> 00:58:07,280
yes to it,
>> right? that um we we could we could have

715
00:58:05,040 --> 00:58:11,280
a vote right now. We can we will have
the public hearing to receive more

716
00:58:08,960 --> 00:58:17,359
public comment. And I think maybe then
at 6:00 I think maybe at that point we

717
00:58:15,040 --> 00:58:21,280
could decide on our timeline for how
we're going to address all of this

718
00:58:19,599 --> 00:58:25,280
instead of trying to do it all tonight.
>> Yeah. I think we have to vote on this.

719
00:58:23,040 --> 00:58:27,599
» We have to during
>> Yeah.

720
00:58:26,079 --> 00:58:34,000
» So, does that sound okay with everybody
that we do it that way? Um we have

721
00:58:31,440 --> 00:58:37,839
» sorry if I present these at this point.
>> Um

722
00:58:36,160 --> 00:58:42,960
do we have a field review?
>> It's on the agenda. Um we have a rare uh

723
00:58:41,280 --> 00:58:47,200
next month where we don't actually have
any applications. So unless you wanted

724
00:58:45,520 --> 00:58:49,680
to meet on solar, we would not have a
meeting next month.

725
00:58:48,079 --> 00:58:54,000
» Okay.
Let's

726
00:58:50,720 --> 00:58:58,799
» we chat about let's um is it okay with
everybody here if we adjourn the work

727
00:58:56,079 --> 00:59:02,799
session and figure out
>> how we want to have our next meeting so

728
00:59:00,960 --> 00:59:05,760
we can confer with staff about dates
available and so forth and we can

729
00:59:04,079 --> 00:59:07,520
present that at six o'clock. Is that
okay with everybody here?

730
00:59:06,880 --> 00:59:12,240
» That's fine with me.
>> Okay. Do I have a motion to adjourn the

731
00:59:09,440 --> 00:59:14,880
work session until 6 p.m. recess until 6
p.m.?

732
00:59:13,119 --> 00:59:16,000
» Yeah, I'm okay with making the motion to
adjourn.

733
00:59:15,440 --> 00:59:19,520
» Okay.
>> And and then come back at 6.

734
00:59:17,440 --> 00:59:22,079
» Mr. Lucas made a motion for recess until
6:00 p.m. Is there a second?

735
00:59:21,440 --> 00:59:24,240
» Yeah.
>> Second by Mr. Hartman. All in favor say

736
00:59:23,839 --> 00:59:26,559
I.
>> I.

737
00:59:24,720 --> 00:59:32,280
» I. Oppose.
>> Okay. We'll take a recess until 6 PM.

738
00:59:29,040 --> 00:59:32,280
Thank you.

739
00:59:32,640 --> 00:59:39,280
» Okay. John and Nicole, could y'all come
up here second talk?

740
00:59:36,400 --> 00:59:43,359
» No, it's because that referral group
>> didn't have a it all done in the time we

741
00:59:42,240 --> 00:59:48,799
had. So,
>> we can we can talk about time.

742
00:59:46,880 --> 00:59:55,119
I mean, I was okay with us coming in at
4 if that was possible. And you know, so

743
00:59:51,760 --> 01:00:00,280
it's the same day coming in a little
>> on the desk outside.

744
00:59:56,240 --> 01:00:00,280
» Yeah. If it's run out

745
01:00:01,839 --> 01:00:05,319
there in the last

746
01:00:12,559 --> 01:00:19,160
» time. We would do our work session at 4
September,

747
01:00:20,559 --> 01:00:24,520
» right? So we could

748
01:00:26,319 --> 01:00:31,440
» Oh, you're saying we don't have a
meeting at all.

749
01:00:28,960 --> 01:00:34,319
» So we could do five till then.
>> Oh, you're saying

750
01:00:32,559 --> 01:00:37,359
» there's no six o'clock meeting is what
you're saying. Okay. Yeah.

751
01:00:36,160 --> 01:00:41,559
» Come at five and then we could stay as
long as we need to to work through this.

752
01:00:42,319 --> 01:00:46,240
That would work better for you.
>> That would work better for me. Um just

753
01:00:45,119 --> 01:00:48,319
because I have to
>> on what days?

754
01:00:47,200 --> 01:00:52,480
» U same day.
>> Same day as our meeting would have been.

755
01:00:50,240 --> 01:00:56,480
But what they're saying is there's no
>> nothing no applications for next month.

756
01:00:54,480 --> 01:00:59,720
So we don't have a six o'clock meeting.
We went

757
01:01:09,680 --> 01:01:12,839
you all.

758
01:07:43,920 --> 01:07:51,440
Good evening everyone. Thank you for
attending the August 10th, 2026 planning

759
01:07:49,119 --> 01:07:56,240
commission meeting. We will now
reconvene from the 5:00 PM field review

760
01:07:53,599 --> 01:08:00,319
and work session. Sorry, that was such a
short break. Please make sure all cell

761
01:07:58,240 --> 01:08:06,079
phones and communication devices are on
the silent mode. The full package is

762
01:08:03,440 --> 01:08:12,160
posted on the county website for review.
On the bottovva.gov

763
01:08:09,200 --> 01:08:16,719
homepage, click on agendas and minutes.
Scroll down to the planning commission

764
01:08:13,760 --> 01:08:21,759
section and click on the August 10, 2026
planning commission information package.

765
01:08:20,080 --> 01:08:26,640
Before we begin, I'll introduce members
and explain our procedures. On my far

766
01:08:24,400 --> 01:08:31,839
left, Mr. Mark Tyson representing the
Buchanan District. Mr. Tim Lucas

767
01:08:29,440 --> 01:08:36,960
representing the Valley District.
On my right, Mr. Steve Hartman

768
01:08:33,839 --> 01:08:40,960
representing the Amsterdam district. The
Blue Ridge District seat is vacant at

769
01:08:39,199 --> 01:08:46,960
this moment.
Next is Mr. uh Mike Lockabe, County

770
01:08:44,159 --> 01:08:51,839
Attorney on my table to the right. Miss
Nicole Pendleton, director of community

771
01:08:49,040 --> 01:08:58,560
development is next to him in the front
row. Mr. John McCoy.

772
01:08:54,799 --> 01:09:04,080
Um, Mr. Matt Lindseay, both planners.
Mr. Brandon Nicely, the exeicio member

773
01:09:01,359 --> 01:09:07,839
representing the Fincastle District. I
am Elizabeth Le. I represent the

774
01:09:05,520 --> 01:09:10,960
Fincastle District.
To expedite business, the planning

775
01:09:09,359 --> 01:09:15,359
commission has established the following
procedures. Staff will present an agenda

776
01:09:13,520 --> 01:09:19,120
item and information to the planning
commission. I will then ask the

777
01:09:17,520 --> 01:09:23,279
applicant or their representative to
come forward for their presentation.

778
01:09:21,679 --> 01:09:27,520
There may be questions and comments from
the planning commission to the applicant

779
01:09:24,880 --> 01:09:31,839
or staff and afterwards public comments
will be heard. Anyone interested in

780
01:09:30,400 --> 01:09:35,600
addressing the planning commission must
complete a request to speak form and

781
01:09:34,000 --> 01:09:40,159
give it to staff before the meeting
begins. Forms are located with the

782
01:09:37,920 --> 01:09:45,359
agendas and on the planning staff's
table. When your name is called, please

783
01:09:42,799 --> 01:09:51,120
go to a microphone or podium. Present
your name and voting district before

784
01:09:48,400 --> 01:09:55,679
making your comments. Each person will
have one opportunity to speak per public

785
01:09:53,120 --> 01:10:00,080
hearing on this agenda. If you have a
question, please direct it to the

786
01:09:57,600 --> 01:10:04,400
commission who will in turn ask the
applicant as necessary. Debate between a

787
01:10:02,480 --> 01:10:08,320
recognized speaker and the audience is
not allowed.

788
01:10:06,000 --> 01:10:12,960
All comments must pertain to a public
hearing on the agenda and directed to

789
01:10:10,480 --> 01:10:17,360
planning commission members. Comments
made to or from the audience are not

790
01:10:14,719 --> 01:10:21,520
permitted. A time limit of three minutes
per speaker will be observed. The

791
01:10:20,080 --> 01:10:25,679
planning commission welcomes and
appreciates public participation and we

792
01:10:23,760 --> 01:10:30,320
appreciate all of you guys here tonight.
It's a nice turnout. Hearing from our

793
01:10:28,159 --> 01:10:35,360
residents helps us better understand the
community's perspectives and concerns.

794
01:10:33,840 --> 01:10:39,120
During the public comment period,
citizens are invited to share their

795
01:10:36,800 --> 01:10:43,679
views. Comments will be included in the
public record and considered as part of

796
01:10:40,960 --> 01:10:47,920
our review process to ensure everyone
has a fair opportunity to speak and the

797
01:10:45,920 --> 01:10:51,920
meeting can proceed efficiently. The
commission will listen respectively but

798
01:10:49,679 --> 01:10:56,239
will not engage in debate or respond to
questions during the public comment

799
01:10:53,520 --> 01:11:00,880
period. Repeated comments or comments
that are unrelated to the facility

800
01:10:58,080 --> 01:11:04,719
request will not be allowed. Under
Virginia law, the planning commission's

801
01:11:02,480 --> 01:11:08,719
role is to review land use matters and
make recommendations to the board of

802
01:11:06,239 --> 01:11:12,960
supervisors. In doing so, the commission
is expected to evaluate proposals based

803
01:11:11,040 --> 01:11:19,520
on the county's adopted comprehensive
plan, applicable county ordinances, and

804
01:11:16,719 --> 01:11:23,120
sound land use planning principles. Our
responsibility is to consider how each

805
01:11:21,360 --> 01:11:27,040
proposal fits within those adopted
policies and regulations.

806
01:11:25,360 --> 01:11:30,560
While individual comments may not
receive an immediate response during the

807
01:11:28,800 --> 01:11:34,320
meeting, they are an important part of
public record and help inform our

808
01:11:32,800 --> 01:11:37,280
decision, discussion, and
recommendations to the board of

809
01:11:35,760 --> 01:11:41,280
supervisors.
After public comments, we may bring the

810
01:11:39,120 --> 01:11:45,440
applicant or their representative back
to answer any questions. The public

811
01:11:43,679 --> 01:11:49,440
hearing will then be closed and we will
discuss the matter amongst ourselves and

812
01:11:47,120 --> 01:11:51,520
vote on that particular item. The
planning commission will make a

813
01:11:50,560 --> 01:11:55,440
recommendation to the board of
supervisors who will make the final

814
01:11:53,440 --> 01:12:01,040
decision on reasonzoning, change of
conditions, text amendments, and special

815
01:11:58,080 --> 01:12:05,280
exception permit request. We thank you
for participating and helping us conduct

816
01:12:03,360 --> 01:12:11,040
a respectful and productive meeting this
evening. The board of supervisors will

817
01:12:07,679 --> 01:12:15,199
hear the request on Tuesday,
August Help

818
01:12:14,560 --> 01:12:17,600
me out.
>> Uh,

819
01:12:16,320 --> 01:12:24,560
» this is August
>> 25 on the 20 August 25th at 6 PM here at

820
01:12:21,920 --> 01:12:28,640
the Bodat County Administration Center.
The planning commission will meet at the

821
01:12:26,159 --> 01:12:34,880
Bitak County Administration Center on
Monday, September 14th at 5:00 p.m. for

822
01:12:32,400 --> 01:12:40,960
a work session. There will be no field
review or public hearings that evening.

823
01:12:39,440 --> 01:12:45,600
Okay,
we will now move into our agenda. Um,

824
01:12:43,360 --> 01:12:51,199
the first item is actually to announce.
>> Madam Chair, I do have an issue that I

825
01:12:47,840 --> 01:12:56,480
need to bring forward. Um,
would you display this please? It's the

826
01:12:53,280 --> 01:12:58,640
very first file. Excuse me. Very second
file

827
01:12:57,199 --> 01:13:02,320
» is Can you tell me what it's pertaining
to, Mr. Fen, so I can move?

828
01:13:00,159 --> 01:13:08,480
» Yes. It it's
it has to do with the fact that I feel a

829
01:13:06,880 --> 01:13:12,640
a an
an unfortunate degree and a significant

830
01:13:11,280 --> 01:13:16,320
degree of fear.
>> Hey, can I can I pause one moment,

831
01:13:14,400 --> 01:13:18,640
please? Mr. Lockby, do we need a vote to
amend the agenda or how do I handle

832
01:13:17,760 --> 01:13:22,480
this?
>> I think, Madam Chair, that you would

833
01:13:20,159 --> 01:13:27,040
have a vote to amend the agenda in order
to uh deal with a potential other agenda

834
01:13:26,400 --> 01:13:31,280
item.
>> Okay, Mr. Tyson, would you like to make

835
01:13:29,040 --> 01:13:34,400
a motion to add an an additional agenda
item under administrative business?

836
01:13:32,800 --> 01:13:37,760
» I would, please. Um,
>> motion received. Is there a second? A

837
01:13:37,199 --> 01:13:40,400
second.
>> Second by Mr. Hartman. All in favor say

838
01:13:39,679 --> 01:13:44,480
I.
>> I.

839
01:13:41,600 --> 01:13:48,320
» Opposed. Thank you. Okay. I would I
would if I can put this under item D,

840
01:13:47,360 --> 01:13:50,400
please.
>> Good.

841
01:13:48,640 --> 01:13:53,120
» So, let me finish the agenda while you
load the

842
01:13:51,120 --> 01:13:58,880
» Sorry. Motion and second.
>> Second by Mr. Hartman. Motion by Mr.

843
01:13:55,360 --> 01:14:02,080
Tyson. Unanimous approval. Sorry, I'll
be better about announcing.

844
01:14:00,000 --> 01:14:06,400
» No, that's [clears throat] okay. Um, so
our first administrative item is just to

845
01:14:04,400 --> 01:14:12,880
remind everyone about the meeting on
September 14th here at 5:00 p.m. for a

846
01:14:10,000 --> 01:14:17,679
work session only. The second item on
the agenda is notification that during

847
01:14:15,280 --> 01:14:22,239
the work session by consensus the
planning commission agreed to move the

848
01:14:19,920 --> 01:14:29,280
date of the October meeting due to a
holiday on Monday. The meeting will now

849
01:14:25,040 --> 01:14:34,719
be on October 13th, same time and place.
Our third administrative item is we need

850
01:14:31,840 --> 01:14:39,520
to elect a vice chair. As many people
are aware, Mr. Foster has resigned after

851
01:14:37,360 --> 01:14:43,679
almost two decades of service to the
planning commission. And we just want to

852
01:14:41,920 --> 01:14:46,880
take a moment to say thank you, Mr.
Foster, for your dedication to the

853
01:14:45,440 --> 01:14:52,400
planning commission and to the citizens
of Bart County. But you have left a big

854
01:14:49,600 --> 01:14:55,520
seat to be filled. Um the Blue Ridge
District seat has not yet been

855
01:14:53,679 --> 01:15:00,800
reappointed by the board of supervisors.
In the interim, we do need to elect a

856
01:14:58,000 --> 01:15:05,360
vice chairman. And I would like to elect
Mr. Tim Lucas, who is also a longtime

857
01:15:03,679 --> 01:15:08,800
member of the planning commission.
>> I'll second that.

858
01:15:06,560 --> 01:15:12,400
» Seconded by Mr. Hartman. All in favor
say I.

859
01:15:09,920 --> 01:15:17,280
» I. Opposed.
>> Thank you. Vote carries unanimously.

860
01:15:14,960 --> 01:15:20,320
Now, Mr. Tyson has the floor with an
additional administrative other business

861
01:15:19,600 --> 01:15:26,800
item.
>> Yes. Could you please display the file,

862
01:15:23,120 --> 01:15:26,800
the second file, please?

863
01:15:31,120 --> 01:15:34,199
All right.

864
01:15:34,480 --> 01:15:41,199
I don't believe that being uh a
commission member, one should feel

865
01:15:39,679 --> 01:15:49,199
retaliation.
And I believe that um um there is an

866
01:15:46,719 --> 01:15:56,560
amount of retaliation and harm that's
coming my way because of the passion uh

867
01:15:52,480 --> 01:16:04,159
that I have applied to um serving as a
planning commission meeting. Uh this was

868
01:16:00,320 --> 01:16:08,960
this was provided by a supervisor
regarding this issue and let me read it.

869
01:16:06,800 --> 01:16:14,560
It says, "What I do encounter is
widespread fear that taking a position

870
01:16:11,760 --> 01:16:20,159
contrary to the administration and our
board of supervisors will result in

871
01:16:16,960 --> 01:16:24,880
retaliation." What I'm feeling actually,
people have shared with me that they are

872
01:16:22,400 --> 01:16:30,239
unwilling to run for office for fear of
harm to their business interests or even

873
01:16:27,440 --> 01:16:35,199
to publicly weigh in on issues,
perception or reality. This strikes me

874
01:16:33,120 --> 01:16:38,800
as a problem.
What is it that we need to do to assure

875
01:16:37,040 --> 01:16:48,000
the public that no harm will come to
them for exercising their rights? Um, I

876
01:16:42,800 --> 01:16:52,480
wrote a fairly lengthy um
um paper that I submitted, a letter that

877
01:16:50,640 --> 01:17:00,480
I submitted to Mr. Lockabe on the
matter. Uh, I got a word salad response.

878
01:16:56,000 --> 01:17:06,000
Um, and um, there's nothing really can
be done except the fact that

879
01:17:03,920 --> 01:17:12,080
I shouldn't sit here and be concerned
this way, but I am. I mean, this this

880
01:17:09,360 --> 01:17:17,760
county put a police officer behind me to
arrest me, potentially arrest me last

881
01:17:15,520 --> 01:17:23,040
meeting. That's uncalled for. That's
unnecessary.

882
01:17:20,000 --> 01:17:29,600
I mean, what in the world?
What in the world? People were hurt.

883
01:17:26,000 --> 01:17:34,199
People heard the call to the sheriff to
send a deputy to arrest me.

884
01:17:34,400 --> 01:17:43,679
What's going on?
We We had heated discussion, but at the

885
01:17:40,239 --> 01:17:49,840
end we were fine. Nobody was upset.
We're supposed to be passionate about

886
01:17:45,600 --> 01:17:56,000
issues that affect our county.
And if we can't,

887
01:17:52,320 --> 01:17:56,000
then what are we doing here?

888
01:17:57,120 --> 01:18:05,840
I mean, is this is this board irrelevant
or is it relevant? And if it's relevant,

889
01:18:03,120 --> 01:18:11,199
we ought to be able to serve you. You
know, just being a commissioner,

890
01:18:09,199 --> 01:18:14,800
it's hard.
If you're really going to apply

891
01:18:12,640 --> 01:18:19,040
yourself,
you don't get paid anything. Some people

892
01:18:17,360 --> 01:18:24,000
think we're paid for this. We're not
paid anything except a stipen that

893
01:18:21,280 --> 01:18:29,920
doesn't cover even
even come close to covering the cost.

894
01:18:27,120 --> 01:18:36,159
That's not a complaint. That's a fact.
Okay. We don't become a commissioner to

895
01:18:33,199 --> 01:18:40,159
for for financial benefit
and and and then not only to put

896
01:18:38,080 --> 01:18:45,679
yourself out and serve and the amount of
time that it takes is amazing and then

897
01:18:43,040 --> 01:18:50,080
to be concerned about retaliation on top
of all of that

898
01:18:48,159 --> 01:18:55,120
and other people are afraid to run for
office because of retaliation.

899
01:18:53,120 --> 01:18:59,360
You know, I'm banned from having direct
communications with the planning

900
01:18:56,880 --> 01:19:04,880
department. That still stands to this
very day. Okay. And that's not the first

901
01:19:01,840 --> 01:19:09,199
time I was banned in this county. This
county allowed something that was so

902
01:19:07,040 --> 01:19:12,960
egregious. And when I took issue, you
know what the county did? The county

903
01:19:11,440 --> 01:19:17,600
banned
me from having any communications with

904
01:19:15,360 --> 01:19:23,920
any supervisor, including my own
supervisor, unbeknownst to me.

905
01:19:22,000 --> 01:19:28,800
That's what that that that's how it
started here. That was decade ago. And

906
01:19:27,280 --> 01:19:34,600
now I'm sitting here as a planning
commissioner and I'm and I'm concerned

907
01:19:31,280 --> 01:19:34,600
for retaliation.

908
01:19:37,280 --> 01:19:42,920
Just needed to express that. Just
outrageous.

909
01:19:43,280 --> 01:19:51,360
Thank you for giving me the opportunity
to voice that.

910
01:19:47,120 --> 01:19:56,719
» Thank you, Mr. Tyson. I
don't know that I can resolve that

911
01:19:52,719 --> 01:20:03,400
problem, but I I I am sorry that you
feel that way.

912
01:19:58,960 --> 01:20:03,400
» I'm sorry. I feel that way, too.

913
01:20:05,360 --> 01:20:14,320
» Um, is is are did you need this?
>> No, that's Thank you.

914
01:20:11,679 --> 01:20:17,199
» We can help you in any way, Mark. I
don't know what we can do to help on

915
01:20:15,760 --> 01:20:23,360
that, but we're here.
>> I'm sorry. We're here to help you if

916
01:20:18,960 --> 01:20:28,560
anything can if we can help you.
>> Well, you know, basically what the

917
01:20:26,560 --> 01:20:33,600
county did is they defined that there's
a line. If I cross this line, this

918
01:20:31,040 --> 01:20:38,000
arbitrary line, okay, I could be
arrested, but I don't know what that

919
01:20:35,199 --> 01:20:43,360
line is.
I don't know what that line is. But if I

920
01:20:40,480 --> 01:20:48,719
cross it, you're going to arrest me.
Like there's this sword hanging over my

921
01:20:45,120 --> 01:20:55,440
head now. Okay. But not to let that
sword fall. Okay. The only way is to

922
01:20:52,080 --> 01:21:00,880
resign or just sit off in the side. Be
quiet. Okay. Don't

923
01:20:58,960 --> 01:21:06,640
is that what really come is that is that
what the intented the design is

924
01:21:04,719 --> 01:21:11,199
you the last board of supervisors
meeting?

925
01:21:09,280 --> 01:21:17,199
I
you know you leave people's children

926
01:21:13,920 --> 01:21:23,760
alone. You leave people's spouses alone.
My wife, they tried to in ins snare my

927
01:21:21,360 --> 01:21:29,719
wife last board of supervisors meeting.
How dare you? How dare this county do

928
01:21:26,719 --> 01:21:29,719
that?

929
01:21:33,040 --> 01:21:42,560
» I don't think it's fair for Mr. to have
to answer, but maybe Mr. Tyson, Mr. for

930
01:21:40,400 --> 01:21:47,760
lockab
I'm willing to I don't know if

931
01:21:45,920 --> 01:21:50,480
» pretty uncomfortable isn't it
everybody's sitting here really

932
01:21:48,960 --> 01:21:53,760
uncomfortable
I I've been on the planning commission

933
01:21:52,080 --> 01:21:58,719
for a long time I've never felt those
kind of fears I have reached my hand out

934
01:21:56,639 --> 01:22:01,840
to you on multiple occasions to make
sure that we were working together on

935
01:22:00,320 --> 01:22:04,960
all issues related to planning
commission so

936
01:22:03,040 --> 01:22:06,880
» sorry if you've gotten that from me has
not been from anybody on this board

937
01:22:06,400 --> 01:22:10,480
» no
>> okay

938
01:22:07,440 --> 01:22:14,480
» not from anybody on this board. I wish
you the best of luck of resolving that

939
01:22:12,000 --> 01:22:20,239
for sure.
>> Thank you for bringing it up, Mr. Tyson,

940
01:22:16,239 --> 01:22:25,760
and I think we'll work on that offline.
>> Thank you. I'm sorry, Mark. Um, we'll

941
01:22:23,199 --> 01:22:30,480
have a public hearing. First of all, now
um on the Virginia Water Authority

942
01:22:27,920 --> 01:22:32,400
request, Mr. McCoy, will you be
presenting that to us?

943
01:22:31,520 --> 01:22:35,840
» Yes, ma'am.
>> May I just clarify that is not a public

944
01:22:34,400 --> 01:22:39,199
hearing. I believe you all closed the
public hearing. So the only intent would

945
01:22:37,440 --> 01:22:42,639
be action at this time.
>> Okay.

946
01:22:39,679 --> 01:22:46,159
» That's right.
>> All right.

947
01:22:43,120 --> 01:22:50,480
» Thank you, Miss Pent. So,
um,

948
01:22:48,960 --> 01:22:53,920
» can you double check the agenda for me?
I think it may have been advertised as a

949
01:22:52,080 --> 01:22:55,760
public hearing because we do have
comment. We do have some comments on

950
01:22:55,280 --> 01:22:58,159
that.
>> I think you can re you can reopen the

951
01:22:57,440 --> 01:23:01,840
public hearing.
>> Public hearing.

952
01:22:58,880 --> 01:23:05,440
» So, just need to reopen it before you
presentation. Madam Chair, if I may,

953
01:23:03,520 --> 01:23:10,480
this this item of course came up before.
Uh it was tabled at a prior planning

954
01:23:07,840 --> 01:23:13,920
commission hearing um without a date
certain. I will not read the legal

955
01:23:12,800 --> 01:23:17,360
advertisement. I think we're all
familiar with the project here and there

956
01:23:15,280 --> 01:23:20,880
have been no changes to it uh since the
first time it was heard. For some

957
01:23:19,199 --> 01:23:25,280
background, at the regular session held
on July 13th, the planning commission

958
01:23:23,120 --> 01:23:29,600
voted unanimously to table this public
hearing item. Uh per county code, the

959
01:23:27,760 --> 01:23:34,159
planning commission must take action on
all commission permits within 60 days of

960
01:23:31,920 --> 01:23:37,679
an application being deemed complete. Uh
that's why this is back to you all this

961
01:23:35,760 --> 01:23:41,520
month as next month um you wouldn't have
had the chance to make your decision. Um

962
01:23:39,760 --> 01:23:44,800
because failure to make a decision
without an extension by the board of

963
01:23:43,120 --> 01:23:48,880
supervisors actually results in an
automatic approval and that's the code

964
01:23:46,880 --> 01:23:52,239
section there before you to take a look
at if you're interested. So, we wanted

965
01:23:50,719 --> 01:23:56,239
to make sure that you all have the, you
know, the opportunity to say yes or no

966
01:23:53,760 --> 01:23:59,679
to this. Um, for some additional
context, had a brief conversation with

967
01:23:58,320 --> 01:24:03,120
the water authority, one of the
engineers that actually presented,

968
01:24:01,199 --> 01:24:08,239
Joseph Arthur, and there were some
questions about that 12-in main. This is

969
01:24:06,000 --> 01:24:13,440
from their design standards for water
systems. This is not something that I've

970
01:24:10,960 --> 01:24:17,199
got any sway or opinion about one way or
another, but I highlighted that part

971
01:24:15,520 --> 01:24:22,560
because Joseph Arthur had mentioned that
that was per uh de or um West Virginia

972
01:24:20,480 --> 01:24:27,280
water authority standards. This is in
their design standards for water systems

973
01:24:24,480 --> 01:24:32,159
that was published in 2024. And that top
line there says generally the minimum

974
01:24:29,120 --> 01:24:37,199
water man size is 12 in when located
along a primary or other major roadway.

975
01:24:34,639 --> 01:24:39,840
So hopefully that um helps a little bit.
Don't have to believe me, of course, but

976
01:24:38,560 --> 01:24:44,159
that is what's written in that document
and that's what they used to design

977
01:24:41,040 --> 01:24:47,600
their systems. My my understanding,
as I said, there are no fundamental

978
01:24:45,760 --> 01:24:52,239
changes to this application in any way.
It's the same project that you all

979
01:24:49,040 --> 01:24:56,639
heard. Um, so the uh request here is to
hold that public hearing and then take

980
01:24:53,760 --> 01:25:00,960
action to deny or approve this item. Um,
if you do not do that, uh, automatic

981
01:24:59,600 --> 01:25:04,560
approval goes to the board of
supervisors for the final decision. So,

982
01:25:03,120 --> 01:25:08,159
if you have any questions for me, I'm
happy to answer them. Otherwise, I'd

983
01:25:07,040 --> 01:25:12,080
encourage you to open the public
hearing, hear from the community, and

984
01:25:09,760 --> 01:25:17,320
then make your decision tonight. Any
questions for me?

985
01:25:13,600 --> 01:25:17,320
» Mur questions.

986
01:25:17,520 --> 01:25:23,760
» Go ahead.
>> Oh, I I do. This is in effect exactly

987
01:25:21,280 --> 01:25:31,280
what was presented before with some
additional pages, but no no substantive

988
01:25:26,880 --> 01:25:38,719
changes except that today we received or
I received an email, I guess everybody

989
01:25:33,600 --> 01:25:48,000
else did, um that from Mr. McCoy asking
that this be approved, but also bringing

990
01:25:41,360 --> 01:25:52,120
in uh the fact that this will help a a
problem of um

991
01:25:52,239 --> 01:25:55,560
second here.

992
01:25:59,280 --> 01:26:09,520
Is that correct?
So my question is when was that known?

993
01:26:07,440 --> 01:26:13,760
Uh when did you all find out that there
was a POS problem?

994
01:26:11,440 --> 01:26:17,840
» I in total honesty I don't know anything
about a POS problem.

995
01:26:16,639 --> 01:26:19,760
» That was a letter from the water
authority.

996
01:26:18,480 --> 01:26:26,320
» That's the letter from the water
authority. But there they they raise it

997
01:26:23,440 --> 01:26:30,639
as a additional reason for
consideration.

998
01:26:28,000 --> 01:26:38,239
My question is, h how come that this
wasn't brought forward in the first last

999
01:26:33,840 --> 01:26:44,560
month when we looked at it? Um,
and is it

1000
01:26:42,239 --> 01:26:50,159
is it a deception or is it really true?
And if it's really true, were the people

1001
01:26:47,760 --> 01:26:56,400
provided notification that their water
is contaminated or has that happened?

1002
01:26:54,719 --> 01:26:58,880
Do you mind if I take I'm not entirely
sure what the document is you're

1003
01:26:57,520 --> 01:27:02,000
referring to to be totally honest with
you. Oh,

1004
01:26:59,440 --> 01:27:04,800
» I thought you sent it to us. It It was
forwarded.

1005
01:27:02,800 --> 01:27:08,239
» I sent it. It's the the letter that we
got from Mike Makavoy.

1006
01:27:06,400 --> 01:27:09,679
» Oh, okay. Yeah. I had I had not had a
chance to read.

1007
01:27:08,719 --> 01:27:13,239
» You want to look?
>> Yeah, if you don't mind.

1008
01:27:15,280 --> 01:27:21,600
» I mean, if if you if you could also put
up this the next slide. It says uh

1009
01:27:20,719 --> 01:27:26,400
» is that from your
>> it's the one two three four the fifth

1010
01:27:23,920 --> 01:27:31,280
one pos
>> is that from your uh your materials

1011
01:27:29,280 --> 01:27:34,280
» yes the flash drive
>> absolutely

1012
01:27:36,480 --> 01:27:42,679
» pfos combined
>> yes please

1013
01:27:43,120 --> 01:27:55,440
so the potential illnesses from this are
liver disease cancer are I mean

1014
01:27:51,920 --> 01:28:03,080
pretty nasty possibilities here
and uh so how long was this condition

1015
01:27:59,360 --> 01:28:03,080
allowed to exist?

1016
01:28:05,600 --> 01:28:13,920
» Is that a question for me? Yeah, I mean
it it it was introduced as something we

1017
01:28:10,239 --> 01:28:19,840
ought to take in consideration for this,
but it raises a totally different issue

1018
01:28:16,480 --> 01:28:25,040
subject and that's we have POS and water
systems and

1019
01:28:22,960 --> 01:28:29,360
it appears that the people that are on
that water system haven't been advised.

1020
01:28:28,080 --> 01:28:33,760
» Mhm.
>> That's pretty serious.

1021
01:28:30,960 --> 01:28:36,719
» Sure. I This is the first time I've seen
this. I could not give you the

1022
01:28:35,280 --> 01:28:40,080
background as to when the testing was
done or when anything happened with this

1023
01:28:38,560 --> 01:28:42,800
particular issue to be totally honest
with you.

1024
01:28:40,880 --> 01:28:47,520
» Well, as I was preparing to be here
today, I found that it was just emailed

1025
01:28:45,760 --> 01:28:49,600
today. Is that correct?
>> Yeah.

1026
01:28:47,920 --> 01:28:53,520
» There have been some previous actions
related to this request that went to the

1027
01:28:51,360 --> 01:28:58,000
board. That's when the commission permit
should have came to you all when they

1028
01:28:55,120 --> 01:29:01,840
had an additional consideration. Um, it
didn't happen. So, this was a cleanup

1029
01:28:59,840 --> 01:29:07,920
item. And I think that may be why there
wasn't a a tremendous amount of

1030
01:29:03,600 --> 01:29:12,159
information provided. Um in in the event
and I am happy to, you know, for the

1031
01:29:10,000 --> 01:29:16,960
folks that are in the room, the the
letter from Mr. Makavoy asks for um the

1032
01:29:15,600 --> 01:29:22,080
planning commission to approve the
request. It notes it's a $ 1.46 million

1033
01:29:20,400 --> 01:29:26,880
extension
um from their existing water

1034
01:29:24,400 --> 01:29:34,159
distribution network to the Dita Hills
neighborhood. it that system

1035
01:29:30,239 --> 01:29:39,199
is on what was once the county wells.
The water authority took over that

1036
01:29:35,840 --> 01:29:44,320
system and is looking to connect the
water

1037
01:29:40,880 --> 01:29:48,960
service from here to there in order to
improve just the conditions that you are

1038
01:29:46,239 --> 01:29:52,800
referring to, Mr. Tyson. It talks about
resolving long-standing pressure

1039
01:29:50,719 --> 01:29:58,239
concerns, improving fire protection, and
allowing the authority uh to take a well

1040
01:29:55,760 --> 01:30:04,639
that it's again currently supplying the
residents out of service. And then it

1041
01:29:59,760 --> 01:30:09,840
goes on to say testing of the well to
test be taken out of service has

1042
01:30:06,800 --> 01:30:15,280
demonstrated positive results for two uh
PFAS compounds and those test results

1043
01:30:12,719 --> 01:30:20,719
are can be reviewed. Now, I I can't
speak for this community, but I know

1044
01:30:16,800 --> 01:30:25,040
that we get annual reports um for those
folks who are on water authority water,

1045
01:30:22,880 --> 01:30:29,280
at least annually, um in the mail about
any findings that they have. I can't

1046
01:30:26,880 --> 01:30:32,560
speak for this neighborhood. Says, um I
certainly understand the concerns around

1047
01:30:30,800 --> 01:30:36,639
this extension as it relates to the
planned Google data center project.

1048
01:30:34,400 --> 01:30:40,560
However, the extension is northwest away
from the data center property and will

1049
01:30:38,400 --> 01:30:45,440
end in a neighborhood that has very
limited water supply capability already.

1050
01:30:43,360 --> 01:30:50,080
Um, in addition, the planning commission
has the authority to deny future

1051
01:30:47,840 --> 01:30:54,080
extensions from this water man if it so
chooses. Um, I can assure the planning

1052
01:30:52,480 --> 01:30:58,159
commission the main extension will be
used for the purposes described in the

1053
01:30:55,760 --> 01:31:01,679
agenda report. It will not be used to
support the proposed data center. Again,

1054
01:30:59,840 --> 01:31:04,320
this is from president of the Western
Virginia Water Authority. Just thought

1055
01:31:02,960 --> 01:31:08,719
it would be helpful for everybody to
hear.

1056
01:31:05,600 --> 01:31:17,400
» Right. And it it
it was it was good to see that. Could

1057
01:31:10,960 --> 01:31:17,400
you also put up uh the um

1058
01:31:21,520 --> 01:31:29,440
where is it? Oh, the last one, the
proposed pipeline

1059
01:31:26,239 --> 01:31:34,159
chart. Yeah, there you go. So, so there
there is the data center and that's

1060
01:31:31,280 --> 01:31:40,239
where the the pipeline is going to be
and it's absolutely not going to be used

1061
01:31:36,239 --> 01:31:44,639
for the data center. um
absolutely not going to be used for the

1062
01:31:42,400 --> 01:31:49,920
data center. But I the question I had
then and I still have now is that it's

1063
01:31:47,920 --> 01:31:58,560
going to basically
really help these 40 residents.

1064
01:31:53,679 --> 01:32:04,159
Why do we need that level of of of of
water flow? I think it was 6 million

1065
01:32:01,040 --> 01:32:09,280
gallons a day to flow through there for
40 residents. Right.

1066
01:32:06,159 --> 01:32:14,000
» It's just just semantics. It's 40.
>> It's 40 plus homes.

1067
01:32:12,159 --> 01:32:17,120
» I just want to make sure it's not like
40 40 people. It's 40 homes.

1068
01:32:16,480 --> 01:32:22,800
» 40 homes.
>> And I think that subdivision has

1069
01:32:19,679 --> 01:32:25,760
allowable 40 or 50 more plots that could
go in there.

1070
01:32:24,400 --> 01:32:29,360
» Justification.
>> Even doubling that, tripling that,

1071
01:32:27,520 --> 01:32:34,239
quadrupling that, you wouldn't need 6
million gallons of water. Did we get

1072
01:32:31,760 --> 01:32:37,679
confirmation from water authority that
it was 6 million gallons a day? I think

1073
01:32:36,159 --> 01:32:40,800
that was something somebody calculated
in the audience. Was that

1074
01:32:39,040 --> 01:32:45,360
» Yeah, I mean from what I recall from
that meeting, somebody had done some

1075
01:32:42,880 --> 01:32:50,719
quick math about how much 12 in can
sustain flow flow rate wise. That's why

1076
01:32:48,960 --> 01:32:56,080
uh Joseph Arthur, the engineer, had sent
me that design manual that shows that

1077
01:32:53,120 --> 01:33:00,800
this is typical for a uh waterline
project on a um piece of rideway like

1078
01:32:59,120 --> 01:33:04,960
this in the public rideway next to a
roadway. I don't have any information

1079
01:33:03,760 --> 01:33:08,800
fortunately or unfortunately for you
all. I'm not an engineer, so I don't

1080
01:33:06,320 --> 01:33:12,159
know the the uh calculus and the
mathematics for that rate, but that's

1081
01:33:10,880 --> 01:33:15,440
why he sent that to me and that's why I
wanted to conclude it to you. Well,

1082
01:33:13,679 --> 01:33:19,360
people have been reaching out to me and
saying they don't they don't want this.

1083
01:33:17,440 --> 01:33:24,000
They don't I'm saying why? And they're
saying, 'Well, we don't want to tie into

1084
01:33:21,360 --> 01:33:27,760
it, but if you approve it, we're going
to be charged even though we don't tie

1085
01:33:26,320 --> 01:33:31,360
into it.
>> Is the applicant here tonight? Because

1086
01:33:29,520 --> 01:33:34,960
that question was asked last month and I
thought they said you're not required.

1087
01:33:32,960 --> 01:33:36,639
» No, what was answered is they didn't
have to tie into it,

1088
01:33:36,159 --> 01:33:40,400
» right?
>> What they didn't tell them was that even

1089
01:33:38,480 --> 01:33:45,120
if they didn't tie into it, they'll be
charged. I I can't speak to that. I'm

1090
01:33:43,520 --> 01:33:48,400
not entirely sure how they would be
charged for it to be honest with you,

1091
01:33:46,800 --> 01:33:50,880
but they are not here tonight to answer
that question.

1092
01:33:48,960 --> 01:33:53,760
» So, they are existing already existing
customers of the water authority.

1093
01:33:52,719 --> 01:33:57,440
» Okay.
>> What what happens if this doesn't go

1094
01:33:55,920 --> 01:34:01,199
through? What do they what's their
proposal if this

1095
01:33:59,840 --> 01:34:05,040
» I don't have an answer for you
unfortunately.

1096
01:34:01,840 --> 01:34:08,400
» I mean, is it that critical to have it?
Um, from as I understand it, there are

1097
01:34:07,040 --> 01:34:12,480
some water flow issues in that
community. Um, with just the existing

1098
01:34:10,719 --> 01:34:17,040
facilities they have, I believe they
have a single pump or water tower that

1099
01:34:14,560 --> 01:34:21,520
serves about 40 homes and they do run
into some significant issues with their

1100
01:34:18,480 --> 01:34:25,840
water flow. Um, I've not been there to
know how significant those issues are,

1101
01:34:24,080 --> 01:34:29,679
but if this is not approved, that
project can't go through and I think

1102
01:34:27,199 --> 01:34:33,920
they I don't know if they'd improve the
existing facility somehow there or if

1103
01:34:31,760 --> 01:34:37,600
they're just kind of out of luck. So,
they could improve what they have there.

1104
01:34:35,760 --> 01:34:41,840
» I don't know that for certain entirely.
I I don't know. As I said, I'm not an

1105
01:34:40,000 --> 01:34:45,600
engineer, but I don't know if they can
improve that existing facility to serve

1106
01:34:43,760 --> 01:34:48,880
just those homes or if this is really
the the actual complete and necessary

1107
01:34:48,320 --> 01:34:53,280
solution.
>> So, hopefully we'll hear from people

1108
01:34:50,800 --> 01:34:56,560
tonight about this, what their plan.
>> I think they're here for something.

1109
01:34:54,400 --> 01:35:00,719
» Yeah. I I think one thing to point out
about the water pressure, it's not

1110
01:34:57,840 --> 01:35:04,639
necessarily um a quote unquote
convenience of these people that live

1111
01:35:03,040 --> 01:35:10,000
there, and I have heard from some people
that live there that say, "Please don't

1112
01:35:06,320 --> 01:35:13,600
penalize me because there's speculation
that that this could affect Google. I

1113
01:35:12,080 --> 01:35:16,000
would like to be able to use water in my
own house." So,

1114
01:35:14,800 --> 01:35:20,639
» so there are people that saying that,
but from my personal opinion, you guys

1115
01:35:18,400 --> 01:35:26,080
know a lot of times I always fall back
on fire and EMS. There are no fire

1116
01:35:22,880 --> 01:35:31,360
hydrants in this development. The water
pressure will not support hydrants and

1117
01:35:28,080 --> 01:35:34,320
this improvement adds for hydrants to
better serve this community instead of

1118
01:35:32,960 --> 01:35:40,000
trying to get tanker trucks in there in
the event of a fire. And in addition to

1119
01:35:36,800 --> 01:35:44,480
that, I know it's an insignificant
relatively speaking,

1120
01:35:42,560 --> 01:35:48,400
homeowners who have access to fire
hydrants get big drops on their

1121
01:35:46,639 --> 01:35:54,960
homeowners insurance because of fire
protection. So, it's it's it's a lot to

1122
01:35:51,840 --> 01:35:58,639
consider for for these people in this
community. Just that's that's a

1123
01:35:56,639 --> 01:36:01,440
pressure. Sorry, I rambled. That's
another point about the pressure. So, it

1124
01:36:00,239 --> 01:36:03,360
will support the hydrants that they're
going to put in there for fire

1125
01:36:02,480 --> 01:36:06,719
protection.
>> Was there a mention that they're going

1126
01:36:04,719 --> 01:36:10,719
to expand that neighborhood back
further?

1127
01:36:08,639 --> 01:36:14,719
» Not to my knowledge. I think what Dr.
Level had mentioned earlier is that that

1128
01:36:12,480 --> 01:36:18,800
community was platted back in the 70s. I
believe they had about 52 lots from what

1129
01:36:17,199 --> 01:36:23,120
I saw today that had been originally
platted. Now, over time, there may have

1130
01:36:21,199 --> 01:36:26,960
been some combination of lots or maybe
some of those lots were not developable

1131
01:36:25,120 --> 01:36:31,920
for one reason or another, but there's
just north of about 40 homes in that

1132
01:36:29,520 --> 01:36:36,239
community. I don't know if they could
develop the other lots or not. I have

1133
01:36:33,920 --> 01:36:40,880
not done that deep dive analysis to see,
but the original plat had about 51 or 52

1134
01:36:38,719 --> 01:36:46,239
home uh pieces of property there that
could be developed. And keeping in mind,

1135
01:36:44,080 --> 01:36:51,199
you know, part of our comprehensive plan
is actually to try and eliminate some of

1136
01:36:49,040 --> 01:36:56,159
these private well systems because they
do oftentimes fail and try and get folks

1137
01:36:53,840 --> 01:37:01,920
onto public water. So this wouldn't
necessar I mean obviously if

1138
01:37:00,000 --> 01:37:05,119
a data center goes in there, I'm sure
they would probably use that line, but

1139
01:37:03,679 --> 01:37:09,760
there they would have to come back and
actually get approval to do that. So

1140
01:37:07,520 --> 01:37:12,400
approving this section of it is not
necessarily approving it for

1141
01:37:11,920 --> 01:37:13,440
» right
>> anything else. [clears throat]

1142
01:37:13,119 --> 01:37:20,080
» Yeah.
>> And it would help that community and if

1143
01:37:16,800 --> 01:37:25,840
they have POS contaminants that just
further emphasizes why you don't want a

1144
01:37:23,360 --> 01:37:30,440
bunch of these well systems to not be
improved.

1145
01:37:26,639 --> 01:37:30,440
» Right. You're on.

1146
01:37:30,880 --> 01:37:34,719
» Thank you.
>> Absolutely.

1147
01:37:32,320 --> 01:37:38,639
» Maybe open our reopen.
>> Yeah. Maybe the public comments will

1148
01:37:36,480 --> 01:37:42,880
will be very revealing on this subject.
>> Any more comments for John before we

1149
01:37:40,320 --> 01:37:45,600
open the public hearing?
>> Do we need a motion to

1150
01:37:44,000 --> 01:37:47,360
» Well, were you I don't think so.
>> Okay.

1151
01:37:45,920 --> 01:37:48,800
» Are sorry, were you finished with your
presentation?

1152
01:37:48,320 --> 01:37:51,760
» All right.
>> Okay. Okay.

1153
01:37:50,239 --> 01:37:56,400
» All right. I would now like to open the
public hearing. I do have some people

1154
01:37:54,639 --> 01:37:59,760
definitely I have some people signed up
and I have a couple people I want to

1155
01:37:57,920 --> 01:38:04,880
clarify. This is the right public
hearing for you. First of all,

1156
01:38:01,199 --> 01:38:10,639
definitely Mr. Ward
Yes, sir. You can go to that microphone

1157
01:38:06,800 --> 01:38:15,520
right beside you if you want.
>> My name is Hannah Ward. I'm from the Fin

1158
01:38:12,639 --> 01:38:19,679
Castle District. Regarding the water
pipe that uh the Western Virginia Water

1159
01:38:18,080 --> 01:38:24,880
Authority states is for the Downita
Hills area. I'm not disputing that the

1160
01:38:22,800 --> 01:38:30,880
Dita Hills residents may require
infrastructure upgrades. My concern and

1161
01:38:27,520 --> 01:38:35,199
the concern of the citizens here is that
the Western Virginia Water Authority has

1162
01:38:32,800 --> 01:38:41,920
been less than transparent with the
citizens about our water supply as it

1163
01:38:38,239 --> 01:38:46,000
relates to the Google data center.
At the last planning commission meeting,

1164
01:38:44,000 --> 01:38:50,560
the authority deflected questions about
whether or not these infrastructure

1165
01:38:47,840 --> 01:38:54,719
upgrades are to help Google satisfy its
water demands.

1166
01:38:52,639 --> 01:38:58,719
So in the interest of transparency I
would like to read from the water

1167
01:38:56,639 --> 01:39:05,119
authorities website specifically its
core values. Core values are as follows.

1168
01:39:03,520 --> 01:39:09,600
Stewardship,
teamwork, accountability,

1169
01:39:08,000 --> 01:39:16,000
integrity,
respect and service.

1170
01:39:12,400 --> 01:39:21,679
They define integrity integrity as and I
quote do the right thing even if no one

1171
01:39:19,040 --> 01:39:25,920
is looking.
Well, the Rono Rambler had to take the

1172
01:39:23,920 --> 01:39:29,920
authority to court to force the
authority to release documents about

1173
01:39:27,920 --> 01:39:34,239
Google's proposed water usage. Why is it
a secret if everybody's supposed to be

1174
01:39:32,239 --> 01:39:38,560
transparent?
Just a few weeks ago, documents through

1175
01:39:36,320 --> 01:39:43,920
the Freedom of Information Act revealed
that Google and the authority had

1176
01:39:40,880 --> 01:39:49,280
discussions about 10 to 11 million
gallons of water a day,

1177
01:39:46,719 --> 01:39:54,400
emails.
And finally in May, our citizens paid

1178
01:39:52,159 --> 01:39:59,440
money once again
for another Freedom of Information

1179
01:39:56,320 --> 01:40:05,920
document release and the authority has
released only a small portion of what

1180
01:40:01,840 --> 01:40:10,480
information has been requested.
These have been paid for and the

1181
01:40:07,679 --> 01:40:17,719
documents are overdue. We have paid for
them and they have not been fully

1182
01:40:12,560 --> 01:40:17,719
released yet. And this was in May.

1183
01:40:18,080 --> 01:40:25,119
So we for good reason question the
timing and potential use of the

1184
01:40:21,920 --> 01:40:31,280
infrastructure upgrades in Dita Hills as
it might relate to the Google's request

1185
01:40:27,360 --> 01:40:36,560
for water. Finally, I wish to express a
sentiment felt by everyone here. While

1186
01:40:34,080 --> 01:40:43,280
we do not concede that this data center
is a done deal, not by a long shot. We

1187
01:40:39,920 --> 01:40:48,800
also want to make it clear that we don't
wish to ever have to fight this fight

1188
01:40:45,679 --> 01:40:54,880
again in this county.
We would we would like whatever changes

1189
01:40:51,440 --> 01:41:00,639
have to happen in our laws, regulations,
policies, whatever the appropriate

1190
01:40:57,360 --> 01:41:06,560
jargon might be. We want to start the
discussions and ask that you start

1191
01:41:02,800 --> 01:41:11,440
procedures needed to ensure no data
center will ever again be considered in

1192
01:41:09,119 --> 01:41:15,679
this county.
We have learned that data centers worm

1193
01:41:13,600 --> 01:41:20,719
their way into localities in various
ways. changes in zoning types and

1194
01:41:18,080 --> 01:41:25,360
designations, for example.
There are all kinds of ways, most of

1195
01:41:23,360 --> 01:41:30,560
which average citizens would not even
see as the first step for courting a

1196
01:41:28,400 --> 01:41:39,360
data center.
Legally, legal speak aside, we want

1197
01:41:35,840 --> 01:41:44,800
all those possibilities covered.
Ultimately the issue is this consent of

1198
01:41:43,040 --> 01:41:50,960
the governed.
Consent of the governed. We do not

1199
01:41:48,239 --> 01:41:55,239
consent to data centers and we do not
consent to this data center.

1200
01:42:00,320 --> 01:42:06,800
Um Mr. Go
and

1201
01:42:05,440 --> 01:42:16,080
while Mr. Mr. Goat is making his way to
the microphone. Is there a Mr. Whitley

1202
01:42:11,600 --> 01:42:22,320
in the audience? Mr. Whitley.
>> Okay. Thank you. And

1203
01:42:19,440 --> 01:42:26,560
Miss Smith, did you I'm kind of confused
about this one. Did you want to talk

1204
01:42:23,600 --> 01:42:29,560
about D Hills or Okay. So, you'll be up
after.

1205
01:42:30,560 --> 01:42:36,440
» If you want to go ahead and make your
way to the mic, that's fine.

1206
01:42:40,880 --> 01:42:45,199
You ready for me to start?
>> Yes, sir. If you would

1207
01:42:43,679 --> 01:42:49,600
» your name in your district, please.
>> My name is Danny Go. I live in the

1208
01:42:47,520 --> 01:42:54,159
Valley District. I'd like to thank you
for the opportunity to speak here

1209
01:42:51,199 --> 01:43:00,719
tonight.
When we talk about this pipe,

1210
01:42:58,159 --> 01:43:06,400
we hear the same arguments
about Downita Hills that were heard for

1211
01:43:03,040 --> 01:43:14,639
Highland Manor when a 16-in pipe was put
in or is in the process still of being

1212
01:43:10,800 --> 01:43:21,119
installed from Carvin's Cove to the uh
pumping station at Raider Funeral Home.

1213
01:43:19,360 --> 01:43:27,840
The excuse that's been given tonight,
the reason it's 12 in is because it's

1214
01:43:24,239 --> 01:43:33,920
along a major road.
Well, in just a few minutes, I had to

1215
01:43:30,880 --> 01:43:42,400
look. You've got 8 in pipe along
Cloverdale Road, which is a bigger road.

1216
01:43:38,560 --> 01:43:47,760
You've got 10in pipe along 460,
which is a bigger road.

1217
01:43:45,040 --> 01:43:53,920
what what you're being fed
is a line of bull.

1218
01:43:51,119 --> 01:44:00,560
You're not getting the truth.
And the information that you're getting

1219
01:43:57,520 --> 01:44:03,560
is screaming. You are not getting the
truth.

1220
01:44:04,159 --> 01:44:11,520
I don't know what the average household
takes per month. Let's say it's 7,000

1221
01:44:09,040 --> 01:44:17,600
gallons per month.
Multiply that by 80 to double the number

1222
01:44:14,480 --> 01:44:21,600
of houses in Dina Hills.
How many millions of gallons a day is

1223
01:44:19,920 --> 01:44:28,320
that?
Not a million. Not even a million. And

1224
01:44:24,560 --> 01:44:33,440
the pipe you're installing is capable
at design of doing

1225
01:44:31,520 --> 01:44:41,040
5,000
or 5 million gallons a day.

1226
01:44:38,239 --> 01:44:46,159
This is knowable to you.
You may not be an engineer, but you can

1227
01:44:43,440 --> 01:44:52,159
ask people. No one in the planning
department may be an engineer, but this

1228
01:44:49,760 --> 01:44:56,639
information is available. And your only
source isn't the Western Virginia Water

1229
01:44:54,960 --> 01:45:00,320
Authority.
They've sat before the board of

1230
01:44:58,159 --> 01:45:04,880
supervisors and in front of you and told
you they are not going to tell you the

1231
01:45:02,000 --> 01:45:09,440
truth.
the young man. I call him young.

1232
01:45:07,280 --> 01:45:15,360
Everybody looks like a teenager to me
these days,

1233
01:45:11,360 --> 01:45:20,239
but he continuously said it's not uh he
can't speak to whether or not it's

1234
01:45:17,040 --> 01:45:24,960
related to Google. It was almost as if
he had become disconnected from the

1235
01:45:22,239 --> 01:45:29,119
mothership or something. He lost touch
with reality.

1236
01:45:27,360 --> 01:45:33,679
They're telling you they are not going
to tell you the truth.

1237
01:45:31,600 --> 01:45:39,840
And the board of supervisors does not
want you to get to the truth. They

1238
01:45:36,560 --> 01:45:45,520
demonstrated that in the last meeting.
They're afraid you're going to get to

1239
01:45:41,440 --> 01:45:50,159
the truth because they know the truth.
The truth's available. And I ask you,

1240
01:45:48,080 --> 01:45:56,239
you're the only body here. You're the
only body in Bodatai County that has

1241
01:45:53,040 --> 01:46:02,719
requested truthful information.
Don't accept less than the truth. Thank

1242
01:46:00,159 --> 01:46:02,719
you.

1243
01:46:04,719 --> 01:46:12,239
Um, Miss Smith name.
>> My name is Melissa Smith and I'm here to

1244
01:46:10,000 --> 01:46:17,040
represent myself, my father, and my
brother who all live on a farm in

1245
01:46:14,639 --> 01:46:22,400
Amsterdam. I've brought this problem up
to Mr. Snyder before, but let me please

1246
01:46:20,000 --> 01:46:28,080
be the dot that connects it clearly.
There's no oversight. The planning

1247
01:46:24,639 --> 01:46:33,760
commission once okayaided the water
authority to do a capital improvement

1248
01:46:30,320 --> 01:46:39,440
project to bring water to Greenfield.
That pipe came through our land and Mr.

1249
01:46:37,119 --> 01:46:43,840
Burgess, who was the town manager at the
time, had a handshake agreement, which

1250
01:46:41,920 --> 01:46:48,800
used to be worth something in this
county and with the state of Virginia to

1251
01:46:46,480 --> 01:46:53,040
promise my father that the road that
they were going to dig up would be

1252
01:46:50,800 --> 01:46:56,880
better than it was before because it was
double paved and there was not a

1253
01:46:54,639 --> 01:47:00,000
culde-sac even though years ago Bodat
County said we're going to put a

1254
01:46:58,320 --> 01:47:03,600
culde-sac in down there at that little
low water bridge. So, it's not a

1255
01:47:01,600 --> 01:47:08,000
flooding hazard and it's a flooding
hazard. And all my life, I've either had

1256
01:47:05,600 --> 01:47:11,760
to park my car outside the bridge or
walk across the train tracks. That's not

1257
01:47:09,760 --> 01:47:17,040
really allowed and not really safe, but
I do it anyway. And they didn't do it.

1258
01:47:15,040 --> 01:47:21,440
Western Virginia Water Authority tells
whatever contractors to tell whatever

1259
01:47:18,960 --> 01:47:26,159
people and they get by county manager.
And Mr. Burgess is now retired. And now

1260
01:47:23,840 --> 01:47:31,199
the new manager solved the problem by
coming after I complained to Mr. Snider

1261
01:47:28,639 --> 01:47:38,159
and putting up a Nstate maintenance sign
where my mailboxes sit. That's at the

1262
01:47:34,800 --> 01:47:42,719
corner of Ivy Lane and the first road.
And that is my neighborhood. That's my

1263
01:47:40,000 --> 01:47:48,159
life. And since that happened many years
ago, Mr. Tyson's exactly right because

1264
01:47:45,040 --> 01:47:53,040
my dad, who people in this audience know
me all my life, has been targeted by

1265
01:47:50,560 --> 01:47:56,960
inspectors who we are grandfathered in
and my dad put French drainage ditches.

1266
01:47:55,119 --> 01:48:00,960
And my dad's a builder and I might as
well be an architect and knew what he

1267
01:47:58,480 --> 01:48:04,800
was doing. And he's been harassed by
junior little inspectors who come and

1268
01:48:03,520 --> 01:48:10,080
say, "Oh, Mr. Smith, you're going to
have to spend $15,000 on this and

1269
01:48:07,040 --> 01:48:15,760
$20,000 on this. We spent $5,000 last
year to put the pipe farther down into

1270
01:48:12,560 --> 01:48:20,480
our well because the aquafer is already
dropping.

1271
01:48:17,520 --> 01:48:25,119
And if it drops or gets intoxicated with
PAS from whatever is going to happen

1272
01:48:23,199 --> 01:48:29,840
because we're not being told the truth
and Mr. Burgess has egg on his face and

1273
01:48:27,679 --> 01:48:36,880
the new manager kept her promises by
putting up a sign and now I have to go

1274
01:48:33,040 --> 01:48:43,040
and watch my dad at his age infirm and
I'm a disabled widow and we're having to

1275
01:48:39,840 --> 01:48:47,040
repair my my dad modified the bridge so
it wouldn't flood as bad. So it was

1276
01:48:44,960 --> 01:48:53,199
shoddily installed. They didn't keep
their promise to fix the road. And we

1277
01:48:49,199 --> 01:48:58,639
are straight idiots if we allow them in
any other place without the hearings

1278
01:48:55,440 --> 01:49:02,360
that were supposed to have before the
decisions are made.

1279
01:49:03,440 --> 01:49:06,960
» Have anyone else?
>> And that's my dad, John Smith. Y'all

1280
01:49:05,840 --> 01:49:10,480
know who he is.
>> I don't have anyone else signed up to

1281
01:49:08,880 --> 01:49:14,159
speak in this public hearing. Is there
anyone in the audience that would like

1282
01:49:12,159 --> 01:49:19,920
to fill out a form and speak? Is there
not a single person here that wants this

1283
01:49:17,119 --> 01:49:24,320
pipeline and wants to speak for the
pipeline?

1284
01:49:22,560 --> 01:49:28,639
» Seeing no one willing to speak, I'm
closing the public hearing. The planning

1285
01:49:26,560 --> 01:49:34,760
commission will now discuss this amongst
ourselves. Mr. Hartman, would you like

1286
01:49:30,560 --> 01:49:34,760
to start since it's your district?

1287
01:49:35,760 --> 01:49:42,560
» Well, I think there's some good things
in there. They said that they couldn't

1288
01:49:39,440 --> 01:49:50,159
add. Uh if a Google wanted to, they
would have to come back

1289
01:49:44,800 --> 01:49:56,199
and get approval from us to do that. Um
the fire hydrants could be a good thing

1290
01:49:52,239 --> 01:49:56,199
that for safety,

1291
01:49:57,840 --> 01:50:05,520
I think those things they might not need
as big a pipe, but

1292
01:50:03,360 --> 01:50:12,560
there is some good and good in it.
>> Okay. Thank you, Mr. Lucas.

1293
01:50:10,000 --> 01:50:18,960
I mean, for me, it oftenimes rolls back
to trying to get folks off of the wells.

1294
01:50:15,920 --> 01:50:24,239
Um, so, you know, I'm I'm surprised no
one's here from um the subdivision to

1295
01:50:22,239 --> 01:50:27,520
speak about water pressure. I'm also
kind of surprised that no one's here

1296
01:50:25,760 --> 01:50:32,639
from Virginia Water Authority. I'd
actually be curious. I can't tell. Can

1297
01:50:30,480 --> 01:50:38,480
anybody tell what size pipe they're
connecting to? Because if it's a smaller

1298
01:50:34,800 --> 01:50:43,440
pipe that they're connecting to,
Do do we have that

1299
01:50:40,800 --> 01:50:48,400
information?
I mean, standards change over time. So,

1300
01:50:46,560 --> 01:50:53,679
you know, some of the older pipelines,
if it was 6 in or 8 in and now they're

1301
01:50:51,520 --> 01:50:58,159
going to something different, I can
understand that somewhat, but

1302
01:50:56,400 --> 01:51:03,280
to me, they're saying that this is what
the standard is for them now. But, you

1303
01:51:00,880 --> 01:51:07,600
know, certainly it looks like it would
provide an awful lot of water. And you

1304
01:51:06,080 --> 01:51:14,880
know, the biggest thing that we have is
that this specific one is would only be

1305
01:51:12,000 --> 01:51:18,800
approval for the neighborhood. It's not
connecting. I mean, obviously, I'm not

1306
01:51:17,360 --> 01:51:21,840
naive enough to think that it couldn't
connect to something else, but to get

1307
01:51:20,320 --> 01:51:29,639
approval to do that, they have to come
back for that. Um, and so

1308
01:51:25,520 --> 01:51:29,639
» does it say what size

1309
01:51:30,480 --> 01:51:40,000
» that's what it's connecting to? 16 inch
and 20 inch lines. Okay. So, they

1310
01:51:35,440 --> 01:51:46,560
already have the large lines there.
>> Mr. Tyson,

1311
01:51:42,480 --> 01:51:54,000
» um I'm surprised no one is here
to to ask for this. Um

1312
01:51:50,880 --> 01:51:59,679
let me let me suggest this.
I've brought up repeatedly that there's

1313
01:51:56,400 --> 01:52:05,760
a deficiency and and what I mean by that
is that we put all this effort in. We

1314
01:52:03,119 --> 01:52:10,080
give all this consideration to something
and none of that translates to anything

1315
01:52:08,639 --> 01:52:15,679
that goes before the board of
supervisors. It's just lost here. It

1316
01:52:13,360 --> 01:52:21,360
doesn't if it gets incorporated into the
minutes, those minutes may be drafted

1317
01:52:18,159 --> 01:52:27,920
months later well after the board of
supervisors meeting. Okay?

1318
01:52:24,960 --> 01:52:33,840
So everything we're saying, all the
issues we're going to raise dies right

1319
01:52:30,560 --> 01:52:39,119
now. Okay? and the board of supervisors
will get this packet without any of that

1320
01:52:36,560 --> 01:52:45,199
input at all.
And um and and that's a deficiency that

1321
01:52:42,159 --> 01:52:50,480
should get fixed quite frankly. But but
if we if we approve this, we're not the

1322
01:52:48,560 --> 01:52:56,960
ultimate authority. The board of
supervisors will say, "Oh, it's it ought

1323
01:52:53,920 --> 01:53:00,639
to be approved, too." But if we don't
approve it, they will give it much more

1324
01:52:58,880 --> 01:53:05,599
scrutiny since they're the ultimate
authority.

1325
01:53:02,480 --> 01:53:10,000
Um they'll look at it harder
uh because they won't have the benefit

1326
01:53:07,360 --> 01:53:15,679
of some of our considerations.
So and and yet we're sort of in a

1327
01:53:13,440 --> 01:53:20,320
position if we vote against something
where people are

1328
01:53:18,320 --> 01:53:26,560
are living with water that's
contaminated and we don't approve this,

1329
01:53:23,440 --> 01:53:33,599
that's terrible.
So my suggestion is let's vote no

1330
01:53:31,360 --> 01:53:38,719
and ask the board of supervisors to give
it the kind of consideration that it

1331
01:53:35,360 --> 01:53:45,760
really needs to get because they're the
ultimate authority. If we vote yes, they

1332
01:53:42,239 --> 01:53:50,400
may not give it the kind of final
consideration that's really necessary.

1333
01:53:48,800 --> 01:53:56,400
» I'd like to make some comments before we
move to a motion. Um,

1334
01:53:53,280 --> 01:54:00,960
I think that
number one, Mr. Lucas has mentioned that

1335
01:53:58,560 --> 01:54:05,599
our comprehensive plan does address
getting people off of community wells

1336
01:54:03,840 --> 01:54:10,880
onto a water service when we can do
that. This is not this conversation has

1337
01:54:08,639 --> 01:54:14,719
been going on for years, way before
there was a thought of Google. The

1338
01:54:12,960 --> 01:54:20,239
people of that live in that part of the
county deserve to be served just like

1339
01:54:16,960 --> 01:54:26,480
everybody else deserves to be served.
And I do not think that it's fair to

1340
01:54:22,800 --> 01:54:31,679
allow a fear of whether Google may or
may not hook up to this water system to

1341
01:54:29,119 --> 01:54:36,639
prevent those citizens from safe water
that they deserve, much less water

1342
01:54:33,920 --> 01:54:43,360
pressure to support home use, personal
use, and fire suppression. And there are

1343
01:54:40,480 --> 01:54:50,080
people in this audience that very well
stated um no pun intended on a well. you

1344
01:54:48,320 --> 01:54:52,800
you all of many many people in this
audience feel like you're going to be

1345
01:54:51,520 --> 01:54:57,119
able to stop Google and it's not going
to happen. I'm not willing to make these

1346
01:54:55,679 --> 01:55:02,880
people continue to suffer in this
subdivision when, as you say, you may be

1347
01:55:00,880 --> 01:55:06,800
able to stop Google. That's my my
personal opinion. I think these people

1348
01:55:04,400 --> 01:55:10,719
should be allowed to have safe water um
with a line that has been playing for

1349
01:55:08,480 --> 01:55:16,159
some time.
Any other comments before we entertain a

1350
01:55:12,880 --> 01:55:19,760
motion? Well, we're accepting one
assumption and that is that the people

1351
01:55:18,159 --> 01:55:25,040
need this and it's going to be good for
them, but we don't want to accept the

1352
01:55:21,920 --> 01:55:30,719
other assumption that really
the people don't want it. It's really

1353
01:55:27,360 --> 01:55:36,320
not going to help them that much. Um,
I'm going by facts. The fact is that we

1354
01:55:33,440 --> 01:55:41,119
have a water health report that is not
good. I'm not sure I would necessarily

1355
01:55:38,639 --> 01:55:44,960
say that it's contaminated water because
I think that's a stretch and I haven't

1356
01:55:42,480 --> 01:55:48,159
interpreted the water results. But we
definitely see that there's an issue of

1357
01:55:46,480 --> 01:55:52,719
contamination. That's a fact. That's not
an assumption. It's a fact that these

1358
01:55:50,560 --> 01:55:57,119
people do not have fire suppression
capability. They must be dependent on

1359
01:55:54,800 --> 01:56:01,760
bringing in tanker trucks. That affects
their life, their property, and their

1360
01:55:59,920 --> 01:56:07,199
bottom line homeowners insurance. That's
fact. That's not an assumption. Well,

1361
01:56:04,000 --> 01:56:11,040
» a split a split vote could very easily
send the same message.

1362
01:56:08,480 --> 01:56:15,280
» It could. Yes. Uh well, let me let me
suggest something though. Um

1363
01:56:13,599 --> 01:56:18,080
» you can make a motion however you wish,
Mr. Tyson.

1364
01:56:16,080 --> 01:56:23,639
» No, no, I'm not ready for a motion. Just
just for additional consideration.

1365
01:56:20,639 --> 01:56:23,639
» Um

1366
01:56:23,760 --> 01:56:30,719
and what I was going to say,
>> sorry.

1367
01:56:27,520 --> 01:56:35,960
» Gone. Um,
just give me a moment to regroup here.

1368
01:56:32,960 --> 01:56:35,960
Um,

1369
01:56:36,239 --> 01:56:45,199
oh, what was I what I was going to say
is common sense, okay? If if we were

1370
01:56:42,320 --> 01:56:50,239
having a water problem, if any of us had
a water problem at our home with

1371
01:56:47,360 --> 01:56:55,760
contamination, water, bad pressure, and
all that, and there was a motion before

1372
01:56:54,239 --> 01:57:00,000
this committee or the board of
supervisors

1373
01:56:57,760 --> 01:57:06,000
I can't imagine we wouldn't be turning
out asking for it to happen. There's

1374
01:57:03,599 --> 01:57:10,400
nobody here asking for it. I don't
understand it.

1375
01:57:08,159 --> 01:57:15,760
It's just common sense that if they're
so adversely affected and they're going

1376
01:57:12,800 --> 01:57:21,360
to be so they're going to benefit so
significantly by this that at least one

1377
01:57:19,119 --> 01:57:26,719
person would show up and say, "Hey,
please do this." I think it goes back to

1378
01:57:24,800 --> 01:57:32,000
your comment on assumptions, which is
valid in this case. My assumption would

1379
01:57:29,440 --> 01:57:35,440
be that people believe it's going to be
addressed appropriately and taken care

1380
01:57:33,440 --> 01:57:39,840
of. I've gotten some phone calls to say
to support it. Just like I've gotten

1381
01:57:37,920 --> 01:57:44,320
phone calls to say not to support other
things, but the people don't show up to

1382
01:57:41,440 --> 01:57:48,239
speak. They think they've contacted,
I guess,

1383
01:57:46,480 --> 01:57:52,000
a member to represent them. I don't
know. But I mean, your point's valid. I

1384
01:57:50,560 --> 01:57:56,880
think you can assume people are too busy
to come or people don't care or people

1385
01:57:55,760 --> 01:58:00,880
think that they're going to be taken
care of. I don't know

1386
01:57:58,719 --> 01:58:05,119
» if if if the vote is split, does it
still go before the board of supervisors

1387
01:58:03,040 --> 01:58:11,119
or does it stall here?
>> We must vote tonight. So, we must vote

1388
01:58:07,760 --> 01:58:14,560
to approve or deny tonight and that will
go that recommendation will then go to

1389
01:58:12,719 --> 01:58:19,760
the supervisors.
>> It's a good question uh for the

1390
01:58:16,480 --> 01:58:23,360
attorney. If it is a 50/50 vote,
>> what does what does that do?

1391
01:58:21,840 --> 01:58:26,639
» I like
>> we send a message to the board with a

1392
01:58:25,280 --> 01:58:33,199
50/50 vote.
>> A 5050 vote. I mean, it sends a message,

1393
01:58:29,679 --> 01:58:39,599
I suppose, but it would be there a 50/50
vote is nothing. It's whatever motion

1394
01:58:36,080 --> 01:58:44,480
was made fails. So, this is going to go
to the board of supervisors either with

1395
01:58:41,920 --> 01:58:48,960
a recommendation of yes or no. And if
you do nothing, then it will go with the

1396
01:58:46,560 --> 01:58:52,880
recommendation of yes.
You would have to vote affirmatively to

1397
01:58:50,800 --> 01:58:56,320
have a recommendation of no. Now,
admittedly, a two to two would be

1398
01:58:54,400 --> 01:59:00,480
reflected in the minutes, and I'm sure
that Mr. Nicely would communicate that

1399
01:58:58,320 --> 01:59:06,159
to everybody, but
>> I'm sorry, what minutes?

1400
01:59:03,520 --> 01:59:11,360
» These minutes will not occur until well
after the board of supervisors meeting.

1401
01:59:09,520 --> 01:59:14,960
» Okay.
>> There's a summary. There's a minute

1402
01:59:13,440 --> 01:59:19,040
summary that goes to the board of
supervisors with the package.

1403
01:59:18,239 --> 01:59:22,000
» I'm not
>> There is no minutes summary that goes to

1404
01:59:21,199 --> 01:59:26,239
the board.
>> We do. We send a page of information

1405
01:59:24,080 --> 01:59:33,520
along with your recommendation and and
some other um pertinent information with

1406
01:59:30,000 --> 01:59:36,639
every decision that goes to the board.
>> Four minutes.

1407
01:59:34,719 --> 01:59:40,719
» And for the matter of record, we have
exopicio board of supervisor member here

1408
01:59:38,639 --> 01:59:44,080
who conveys that information. And I'm
glancing around and we have two board of

1409
01:59:42,159 --> 01:59:48,400
supervisors in the audience tonight.
Thank you guys for adding an extra

1410
01:59:45,520 --> 01:59:53,599
meeting to your life. So I think three
I'm sorry. So I think the

1411
01:59:52,080 --> 01:59:58,000
So I think the information does get
relayed

1412
01:59:56,000 --> 02:00:02,639
» to your concern, Mr. Tyson. I think the
information gets relayed.

1413
01:59:58,880 --> 02:00:07,280
» Well, I I was told that I was told that
one a supervisor that always attended

1414
02:00:05,199 --> 02:00:11,599
attended because that's the only way he
knew what was going on here. Well,

1415
02:00:09,920 --> 02:00:13,760
» if he didn't attend, he would had no
idea.

1416
02:00:12,159 --> 02:00:18,320
» Well, maybe we should not debate, put
words in people's mouths. Maybe we can

1417
02:00:15,360 --> 02:00:22,480
stick to this to this topic. I don't
want to put words into somebody else's

1418
02:00:20,000 --> 02:00:26,560
mouth about who's here and who's not.
>> Mr. Hartman's district.

1419
02:00:25,280 --> 02:00:30,880
» Not sure if he's ready to make any
motions or not, but

1420
02:00:28,159 --> 02:00:33,360
» I'm make sure no one else has any other
questions.

1421
02:00:31,520 --> 02:00:39,440
» Did you have questions on the actual t
on the actual application, Mr. Tyson?

1422
02:00:36,159 --> 02:00:42,480
» No. Is it is it is it protocol to for
the district?

1423
02:00:42,000 --> 02:00:44,639
» Yes, sir.
>> Commissioner to make the motion. I'm

1424
02:00:44,239 --> 02:00:48,320
sorry.
>> Oh,

1425
02:00:45,440 --> 02:00:51,599
» that's nice. Okay.
>> I move to make a motion to send a

1426
02:00:50,159 --> 02:00:56,080
commission permit to the board of
supervisors with a recommendation of

1427
02:00:53,599 --> 02:01:02,320
approval. This recommendation is based
on the requirements of section 25-5811

1428
02:00:59,760 --> 02:01:05,920
public zoning ordinance been satisfied
and protocol should serve the public

1429
02:01:04,239 --> 02:01:09,760
necessity convenience and general
welfare and good standing zoning

1430
02:01:07,920 --> 02:01:13,119
practice.
>> Thank you. There's been a motion for

1431
02:01:11,119 --> 02:01:16,880
approval by Mr. Hartman. Is there a
second?

1432
02:01:15,119 --> 02:01:22,159
» We can second that motion.
>> Second by Mr. Lucas. All in favor say I.

1433
02:01:20,000 --> 02:01:26,320
I. Opposed.
>> Opposed.

1434
02:01:24,320 --> 02:01:30,400
Okay,
let's do roll call because I'm Mr.

1435
02:01:28,400 --> 02:01:37,199
Hartman. Uh,
>> Mr. Hartman signifies approval.

1436
02:01:33,760 --> 02:01:40,400
Myself, a signify approval. Mr. Lucas,
>> a nay.

1437
02:01:38,880 --> 02:01:43,119
» Okay, Mr. Tyson,
>> nay.

1438
02:01:40,880 --> 02:01:49,360
» Okay. So, we do have a split vote. Two
in favor, two opposed.

1439
02:01:46,400 --> 02:01:52,560
That's the motion. So, it fails on our
part. It will be forwarded to the board

1440
02:01:50,800 --> 02:01:57,199
of supervisors of recommendation of
approval

1441
02:01:55,440 --> 02:02:03,199
because of the bylaw the way the bylaws
are written.

1442
02:02:00,159 --> 02:02:05,440
» Okay. So now we will need to move to the
second.

1443
02:02:03,760 --> 02:02:07,760
» Madam chair, I do need to clarify that's
not a matter of the bylaws. That's a

1444
02:02:06,800 --> 02:02:10,560
matter of state law.
>> Oh, I'm sorry.

1445
02:02:08,719 --> 02:02:14,480
» So the general assembly filed that one
up, not y'all.

1446
02:02:11,599 --> 02:02:18,320
» Okay. Thank you, Mr. Lockabe. Sorrybody.
Thanks for the clarification.

1447
02:02:16,639 --> 02:02:23,679
um like to open the second public
hearing at this time regarding a text

1448
02:02:21,040 --> 02:02:26,800
amendment to solar. Mr. McCoy, would you
start your presentation?

1449
02:02:25,360 --> 02:02:29,280
» You want to open the public hearing?
Those are the words you just used. Or

1450
02:02:28,159 --> 02:02:33,679
would you rather just move to the next
agenda item?

1451
02:02:31,440 --> 02:02:38,080
» That is the next agenda item.
>> You you said I'd like to I think you

1452
02:02:35,360 --> 02:02:41,119
said I'd like to public hearing. It's
your meeting, but

1453
02:02:39,440 --> 02:02:44,320
» correct. we will have the presentation
from you because there are a lot of more

1454
02:02:42,800 --> 02:02:47,440
people in the audience that were not at
the work session that didn't hear

1455
02:02:46,080 --> 02:02:51,920
» the conversation we had at the work
session. So, we're going to have staff

1456
02:02:49,520 --> 02:02:55,119
present so everybody's on the same page
before you all hear what we went through

1457
02:02:53,920 --> 02:02:58,159
at the work session.
>> Certainly. Um thank you, Madam Chair,

1458
02:02:56,800 --> 02:03:03,520
members of the commission. So, as we
discussed at the work session at 5:00,

1459
02:03:01,280 --> 02:03:09,119
um this item is before you is just a
matter of necessity. Um, so the board of

1460
02:03:06,239 --> 02:03:14,480
supervisors had authorized you all and
staff to work on amendments to the solar

1461
02:03:12,159 --> 02:03:19,119
ordinance of Bodata County and the
comprehensive plan. The issue at stake

1462
02:03:16,960 --> 02:03:23,440
here is that the authorization was for
100 days, which is also in line with

1463
02:03:21,520 --> 02:03:29,280
county code. Typically, you only have
100 days to work on a zoning ordinance

1464
02:03:25,440 --> 02:03:33,599
update. And so today is the only time we
can meet that 100 days. Otherwise, we'd

1465
02:03:31,599 --> 02:03:38,080
be well into September and we would miss
that deadline. So, it's here before you

1466
02:03:36,320 --> 02:03:41,280
uh just the zoning ordinance, not the
comprehensive plan because the

1467
02:03:39,760 --> 02:03:45,440
comprehensive plan was given a much
later date of being done November 30th,

1468
02:03:43,840 --> 02:03:49,440
which makes sense because that is pretty
complex as well. Um, so what we're doing

1469
02:03:47,920 --> 02:03:53,440
today and what we kind of discussed at
the work session is that staff is happy

1470
02:03:51,360 --> 02:03:56,880
to present this information to you all.
Um, and it's very rare that we make a

1471
02:03:55,280 --> 02:04:01,280
recommendation to you all as we'd like
for you all to make the decisions um

1472
02:03:58,719 --> 02:04:05,199
that you feel is best without kind of
that input from staff. But we feel it

1473
02:04:03,760 --> 02:04:08,639
would be important for you all to make a
recommendation of denial on these zoning

1474
02:04:07,040 --> 02:04:12,719
ordinance updates. That way it gives you
all more time to work through those and

1475
02:04:10,800 --> 02:04:17,599
with that denial a request from the
board to extend that timeline to work on

1476
02:04:14,960 --> 02:04:21,280
the zoning ordinance update. So I'm
happy to give the presentation of course

1477
02:04:19,440 --> 02:04:25,119
I go over some of the highle details
that we discussed at 5:00 p.m. but I

1478
02:04:23,199 --> 02:04:28,239
wanted everybody in the the crowd as
well to know that we have kind of talked

1479
02:04:26,880 --> 02:04:32,239
about this and it seems like the path
forward may be that but of course it is

1480
02:04:30,320 --> 02:04:36,639
your decision to make. So, this
summarizes what I just mentioned up here

1481
02:04:33,920 --> 02:04:39,760
on the screen. Um, the additional piece
of the background is that the Virginia

1482
02:04:38,239 --> 02:04:44,960
General Assembly had adopted some
amendments to state code that partially

1483
02:04:42,000 --> 02:04:49,679
preempt our ability to um make decisions
on solar facilities and where they go in

1484
02:04:46,639 --> 02:04:54,400
the county. So, some of those changes
that I'll get into today include some

1485
02:04:52,320 --> 02:04:59,760
new definitions. So, they've added new
definitions for a few items there.

1486
02:04:57,119 --> 02:05:04,880
Agravtaics, battery energy storage
facility, integrative photovoltaics, net

1487
02:05:02,880 --> 02:05:09,920
metering provision and small portable
generation device. And then some amended

1488
02:05:07,360 --> 02:05:15,520
definitions were included as well which
include solar energy equipment, solar

1489
02:05:12,480 --> 02:05:19,119
energy facility minor, small and utility
scale. So there were some changes with

1490
02:05:17,280 --> 02:05:22,880
the definitions at the state level and
these are all included to align with

1491
02:05:21,119 --> 02:05:26,880
that to make sure that what we're
including in our zoning ordinance does

1492
02:05:25,360 --> 02:05:30,719
not conflict with what the state is
saying that we have to do. Um we had

1493
02:05:29,199 --> 02:05:35,440
communicated and of course contracted
with a third party reviewer uh the

1494
02:05:32,560 --> 02:05:40,880
Berkeley Group to review our current
ordinance and our comprehensive plan and

1495
02:05:37,520 --> 02:05:44,000
when we met with them we instructed them
to provide the most stringent

1496
02:05:42,639 --> 02:05:47,040
restrictions on these types of
facilities. That's what we heard from

1497
02:05:45,360 --> 02:05:50,320
you all at those public hearings. It's
what we heard from the board and it's

1498
02:05:48,639 --> 02:05:53,360
what we heard from the from the folks
that attended the public hearing as

1499
02:05:51,679 --> 02:05:56,719
well. So, we recognize that there are
some concerns about solar facilities and

1500
02:05:55,040 --> 02:06:00,800
where they can be cited in the county.
And so, what we have done is asked them

1501
02:05:58,320 --> 02:06:07,119
to provide the most stringent uh within
what state code allows us to do

1502
02:06:02,960 --> 02:06:10,960
provisions for citing solar facilities.
So, some of those definitions that were

1503
02:06:08,639 --> 02:06:14,800
amended of course uh was solar energy
equipment. So, that adds battery storage

1504
02:06:12,960 --> 02:06:19,280
to the definition. One of those big
picture items from the state code that

1505
02:06:16,400 --> 02:06:24,880
was changed was that battery storage is
a buy accessory use to a solar facility.

1506
02:06:23,280 --> 02:06:28,800
Um so that's something that we can't get
out of. That's something that state code

1507
02:06:26,320 --> 02:06:33,360
requires us to consider. The solar
energy facility minor scale. We had a

1508
02:06:31,360 --> 02:06:38,000
different sizing requirement for that.
So that recategorizes that to less than

1509
02:06:35,280 --> 02:06:42,480
1 megawatt of production. Solar energy
facility small scale recategorizes that

1510
02:06:40,239 --> 02:06:46,960
to not exceeding 20 kilowatts. So much
smaller. And then utility scale is

1511
02:06:44,800 --> 02:06:51,199
anything greater than one megawatt. And
it also clarifies some of the intent for

1512
02:06:48,719 --> 02:06:54,560
power to serve off-site needs, which is
something that came up with a potential

1513
02:06:53,040 --> 02:06:59,679
solar facility being signed in the
county that our code is a little gray as

1514
02:06:56,560 --> 02:07:03,679
to whether it could only be for solar
use on the site, energy needed by the

1515
02:07:01,760 --> 02:07:07,079
site itself, or if it could be sold back
to a utility.

1516
02:07:07,599 --> 02:07:14,000
So, this is a use table and I know it is
incredibly hard to see for the folks

1517
02:07:11,679 --> 02:07:18,000
behind us, but it is a big use table and
includes some of the changes for use

1518
02:07:16,159 --> 02:07:21,440
districts and where solar facilities can
be cited in the county. So, on the far

1519
02:07:19,760 --> 02:07:25,679
left column you have all of our zoning
districts. I think there's 19 of them

1520
02:07:23,760 --> 02:07:29,599
and the other columns include where
these facilities can be cited in the

1521
02:07:27,360 --> 02:07:33,199
county. So, anything that's red is a
change. Anything that's black is uh

1522
02:07:31,840 --> 02:07:37,920
what's carried over from our current
ordinance. the small portable solar

1523
02:07:35,360 --> 02:07:43,520
generation device. Those are things that
you as a homeowner can plug in and um

1524
02:07:41,119 --> 02:07:48,719
use the power for your own home. As my
understanding, we're one of maybe two

1525
02:07:45,360 --> 02:07:53,760
states in the US that permit this type
of um tool to be used in your home. And

1526
02:07:52,159 --> 02:07:58,159
those are all the permitted uses. You'll
see those are all in line with where

1527
02:07:55,199 --> 02:08:02,400
residential developments can go. No
changes to the small scale and minor

1528
02:08:00,400 --> 02:08:06,560
scale roof mounted facilities as far as
they can be cited. And then you see that

1529
02:08:04,320 --> 02:08:11,679
there are some changes to the S which
was permitted by SCP only to permitted

1530
02:08:09,440 --> 02:08:16,159
by right. That's for those uh minor
scale groundmounted facilities. And then

1531
02:08:14,400 --> 02:08:20,800
for utility scale you'll see some
addition of SCP uses that is required by

1532
02:08:19,280 --> 02:08:25,280
state code. Anything that's zoned
commercial or industrial has to be able

1533
02:08:22,560 --> 02:08:28,320
to allow those by SCP. You can do it by
right but we figured we didn't want to

1534
02:08:26,960 --> 02:08:31,320
do it by right. We wanted to do it by
SCP.

1535
02:08:31,679 --> 02:08:39,040
So um solar facilities are one of those
that have additional standards in line

1536
02:08:36,560 --> 02:08:42,719
with them. Um not every development has
those but solar is definitely one of the

1537
02:08:40,719 --> 02:08:47,440
more stringent uses in the code as far
as development standards are concerned.

1538
02:08:45,199 --> 02:08:51,040
So amended setbacks in line with state
code changes and this is a win. I think

1539
02:08:49,599 --> 02:08:55,280
this is addition of setbacks from
wetlands or perennial streams that was

1540
02:08:53,199 --> 02:08:58,880
included in this new ordinance. It
clarifies the erosion and sediment

1541
02:08:57,040 --> 02:09:02,800
control regulations. There's nothing
particularly new about these. It just

1542
02:09:00,880 --> 02:09:06,960
actually directly references DEEQ
standards. Now there is an addition of

1543
02:09:05,199 --> 02:09:12,320
wildlife corridor requirements for
fencing. So basically wildlife has some

1544
02:09:10,400 --> 02:09:16,320
issues if these solar facilities are all
fenced in. Um they find it very

1545
02:09:14,480 --> 02:09:19,520
difficult to move throughout. So when
they develop these sites we want to see

1546
02:09:18,079 --> 02:09:24,880
them actually develop them in such a way
that wildlife can go through those uh

1547
02:09:21,599 --> 02:09:29,040
parcels still. Um something that is a
big change the reduction in the required

1548
02:09:26,800 --> 02:09:33,599
vegetative buffer width. These are per
state code changes. So that is a

1549
02:09:30,880 --> 02:09:38,560
reduction from 150 ft to 50 feet in
width. And then also a reduction in new

1550
02:09:35,840 --> 02:09:42,320
tree planting size from 5 to 3 feet. So
that's one of those things that we can't

1551
02:09:39,920 --> 02:09:46,960
get out of. And then increasing panel
height from 12 feet to 25 ft per state

1552
02:09:45,199 --> 02:09:50,960
code changes. So those are measured from
the very top of the panel. You know, a

1553
02:09:48,960 --> 02:09:54,960
lot of these panels can track the sun.
And so at the very height of that panel,

1554
02:09:52,800 --> 02:09:59,599
they can go up to 25 ft now. And I think
it's measured from the adjacent grape.

1555
02:09:57,280 --> 02:10:02,880
There's also um as we discussed in the
work session, one of the things that we

1556
02:10:01,599 --> 02:10:06,960
heard from you all and the board of
supervisors and the folks uh who

1557
02:10:04,560 --> 02:10:11,040
attended the meetings is that we did not
want to see solar facilities on prime

1558
02:10:08,800 --> 02:10:15,040
farmland and there was a big concern
about erodable land in the county and

1559
02:10:13,280 --> 02:10:20,079
whether these facilities can be cited on
that. So you'll see in the updated code

1560
02:10:17,760 --> 02:10:24,159
that we've actually prohibited those
from being cited on anything that

1561
02:10:21,840 --> 02:10:28,719
includes prime farmland or anything
that's identified as highly erodable or

1562
02:10:26,560 --> 02:10:33,119
potentially highly erodable land. Those
are definitions that are provided from

1563
02:10:30,320 --> 02:10:36,800
the USDA. um and do include as we
discussed in the work session some maps

1564
02:10:35,280 --> 02:10:41,679
as far as the prime farmland is
concerned and the soil types that are

1565
02:10:39,119 --> 02:10:47,119
included for what is actually erodable
or highly erodable.

1566
02:10:45,119 --> 02:10:51,199
And then this last bit we didn't get to
uh in the work session but is a little

1567
02:10:49,040 --> 02:10:56,320
secondary in some respects to those more
bigger picture items is that for

1568
02:10:53,280 --> 02:11:01,440
development standards we asked them to
um take a look and if it was feasible to

1569
02:10:59,520 --> 02:11:05,760
require community meetings to be held in
the same magisterial district as the

1570
02:11:03,360 --> 02:11:08,560
proposed project. Uh in the code that it
was currently written as we just

1571
02:11:07,199 --> 02:11:12,480
required them to have a community
meeting prior to an application. We

1572
02:11:10,560 --> 02:11:16,159
didn't specify where it needed to go.
And so the one facility that wanted to

1573
02:11:14,239 --> 02:11:19,440
go off Kataba Road actually had a
meeting in Blige. So we wanted to make

1574
02:11:18,320 --> 02:11:23,280
sure that the folks that would be
locally impacted by that wouldn't have

1575
02:11:21,520 --> 02:11:26,719
to travel too far away. So we asked them
to identify that those community

1576
02:11:24,960 --> 02:11:31,119
meetings happen in the same magisterial
district. Um so hopefully that helps a

1577
02:11:28,960 --> 02:11:35,679
little bit there. There's the addition
of the Appalachin Trail and the Blue

1578
02:11:32,960 --> 02:11:39,360
Ridge Parkway other scenic byways to the
required environmental and cultural

1579
02:11:37,679 --> 02:11:44,000
resources report. So that is something
that every potential solar facility

1580
02:11:41,520 --> 02:11:47,679
needs to submit to staff prior to
holding a public hearing. And this just

1581
02:11:46,000 --> 02:11:53,679
spells out that if we want to see any
impacts to those specific cultural um

1582
02:11:51,040 --> 02:11:57,440
resources that we have,
requires facilities to comply with DEEQ

1583
02:11:55,840 --> 02:12:02,239
storm water requirements as I mentioned
before and then requires top soil to not

1584
02:12:00,000 --> 02:12:07,280
be removed from the site. Um and if it
is moved around on the site that it is

1585
02:12:05,199 --> 02:12:11,199
returned and I know Mr. Lucas, you had a
great question about what that actually

1586
02:12:08,560 --> 02:12:15,840
looks like. Um, and so we will review
that more closely as well. Adds the

1587
02:12:14,159 --> 02:12:20,320
battery storage is a byite accessory
use. Again, that's not one that we have

1588
02:12:17,440 --> 02:12:23,840
any control over. An interesting one is
a requirement for the zoning

1589
02:12:21,520 --> 02:12:29,199
administrator. That's what ZA is to
submit a record of all SCP decisions to

1590
02:12:26,480 --> 02:12:32,960
the SEC not later than 60 days as to
whether it was approved, denied, and

1591
02:12:30,719 --> 02:12:36,960
what the conversation was like. And then
this last one is that if the solar

1592
02:12:34,880 --> 02:12:41,599
facilities or the property owner decides
to sell, the new owner has to provide a

1593
02:12:39,280 --> 02:12:45,760
substitute shity within 60 days. I
believe um to ensure that they have

1594
02:12:43,440 --> 02:12:50,719
what's covered for the decommissioning.
And I think that's all I've got for you

1595
02:12:48,320 --> 02:12:55,040
as far as the big picture items. Like I
said, you've not had the chance to fully

1596
02:12:52,800 --> 02:12:59,040
review this. It is a large substantive
change and you are also unfortunate that

1597
02:12:57,679 --> 02:13:03,199
you don't have the full comprehensive
plan amendments in front of you too. And

1598
02:13:00,960 --> 02:13:06,400
so it' probably be best planning uh
practice to go ahead and have both of

1599
02:13:04,800 --> 02:13:10,480
those before you at once before you make
your decision. That's what I would want

1600
02:13:07,840 --> 02:13:14,400
myself. And so recommendation from staff
is that you deny the zoning ordinance

1601
02:13:12,159 --> 02:13:18,239
tonight uh with the understanding that
you are going to be working on this

1602
02:13:15,679 --> 02:13:22,320
later on directly with staff potentially
the consultants as well uh in the future

1603
02:13:20,560 --> 02:13:26,079
to come up with a better more aligned
ordinance with the comprehensive plan.

1604
02:13:24,719 --> 02:13:29,280
Happy to answer any questions you might
have.

1605
02:13:26,719 --> 02:13:32,560
» Thank you John. I think for the benefit
of everyone getting on the same page

1606
02:13:31,040 --> 02:13:36,480
before we start the conversation again
for those of you all who weren't here at

1607
02:13:33,840 --> 02:13:40,560
the work session um each commissioner
had a long list of concerns and

1608
02:13:38,560 --> 02:13:46,239
questions that we discussed during the
work session the general consensus at

1609
02:13:42,960 --> 02:13:51,599
that time was that none of us were
pleased that we had had enough

1610
02:13:48,880 --> 02:13:57,199
conversation about specific items and
that we wanted to continue that

1611
02:13:53,280 --> 02:14:02,560
conversation and not vote in approval of
this tonight not reflective upon

1612
02:14:00,560 --> 02:14:06,400
specific items but we're just not
comfortable that we have had time to

1613
02:14:04,480 --> 02:14:11,440
talk about it amongst ourselves that's
why in the beginning um noted that the

1614
02:14:09,040 --> 02:14:14,880
next meeting will be work session only
we don't have any applicants coming

1615
02:14:13,040 --> 02:14:19,199
forward in front of us so we won't have
public hearings so we will start at 5:00

1616
02:14:17,360 --> 02:14:23,119
still but the entire thing will be a
work session if anybody's interested in

1617
02:14:20,880 --> 02:14:26,880
coming to hear the further conversations
that we have after we have some of our

1618
02:14:25,280 --> 02:14:31,760
questions from this evening answer by
staff and we'll talk about it next week.

1619
02:14:29,119 --> 02:14:36,079
I mean at our next meeting. Um for
example, Mr. Hartman had some points

1620
02:14:34,719 --> 02:14:40,400
that we didn't get to in the work
session that he wants to highlight

1621
02:14:38,239 --> 02:14:43,679
quickly for public record and that we
will all be circulating these questions

1622
02:14:42,000 --> 02:14:46,079
and be prepared for the next work
session. So, do you want to start with

1623
02:14:44,960 --> 02:14:49,920
that?
>> I've got seven questions that I not

1624
02:14:48,320 --> 02:14:55,760
knowing how this would be tonight. So,
I've got those that I'd like to pass out

1625
02:14:52,639 --> 02:15:00,480
and I agree with you here. It's just a
quick package that was put together and

1626
02:14:57,599 --> 02:15:05,119
we really didn't have time to view this
whole thing. So, I was worried that I

1627
02:15:02,960 --> 02:15:08,480
better have something organized here to
kind of pass out. So, I'll pass these

1628
02:15:07,040 --> 02:15:11,119
out to you.
>> I can hand them down for you if you want

1629
02:15:09,920 --> 02:15:16,400
to speak.
>> Take one and I'll take a

1630
02:15:14,639 --> 02:15:20,119
» Yeah, you take yours and speak and I'll
do your I'll be your secretary.

1631
02:15:21,199 --> 02:15:27,800
» Who gets five minutes? We'll put that
with 10 minutes.

1632
02:15:44,079 --> 02:15:48,320
» And Mr. Hartman, is that something that
you wanted to vocally go over? Is that

1633
02:15:46,880 --> 02:15:51,679
» You want to go over the bullet point?
Anybody tell the bullet points? Anybody

1634
02:15:50,079 --> 02:15:57,920
want to know what what we're
>> I felt like that um a lot of things some

1635
02:15:54,880 --> 02:16:02,480
of them got taken out of this and so I
really wanted to go over to say this. So

1636
02:16:00,480 --> 02:16:08,560
every 3 years I wanted to have it to
re-evaluate to clean up the bond so we

1637
02:16:04,960 --> 02:16:14,880
can look at it as far as the cost going
up and they would have to pay that

1638
02:16:12,079 --> 02:16:20,560
expense if it goes up. And uh I also
wanted to look at the sink holes and

1639
02:16:16,560 --> 02:16:26,480
steep slopes and the fragile genetics
approach that we would look closely on

1640
02:16:23,840 --> 02:16:32,000
that that that is a a big part of it.
The developer must pay for this

1641
02:16:29,840 --> 02:16:36,080
um that it won't trigger cracks and
limestone and sink holes. This is

1642
02:16:34,559 --> 02:16:40,800
important
pre-construction safety for uh

1643
02:16:38,800 --> 02:16:44,479
batteries. A lot of them right now don't
do

1644
02:16:42,479 --> 02:16:48,719
batteries right now maybe, but down the
road they might. I'd want to see that

1645
02:16:46,000 --> 02:16:54,960
that was dedicated, contained,
and and a water loop so that if a fire

1646
02:16:51,760 --> 02:17:00,160
broke out, it wouldn't be toxic runoff.
I wanted to make sure that the special

1647
02:16:56,800 --> 02:17:04,719
exemption protection to our neighborhood
that the attorneys would confirm that

1648
02:17:02,639 --> 02:17:12,559
moving forward that this utility is
entirely under special exception SCP

1649
02:17:09,519 --> 02:17:17,840
that would give us absolute veto power
that this would give us things like if

1650
02:17:14,479 --> 02:17:24,559
it's not a one out one mile buffer
refusing to meet the 75 mile property

1651
02:17:20,319 --> 02:17:30,080
setback 200 foot buffer
uh failure in any way with the scenic

1652
02:17:27,040 --> 02:17:33,679
view sheds, failure with the t type
graveley,

1653
02:17:31,679 --> 02:17:37,200
any layout that fails to protect the
neighborhoods, the noise, the glare, the

1654
02:17:35,439 --> 02:17:44,080
visual
caused by putting these panels in. Um

1655
02:17:41,599 --> 02:17:47,200
that we would have the ability if they
didn't do burying the cables, I think

1656
02:17:45,840 --> 02:17:54,880
that was something new that has come
out. Uh if we would have f full legal

1657
02:17:52,000 --> 02:17:59,120
right to deny
a solar farm coming into property in

1658
02:17:57,200 --> 02:18:03,519
Bodat,
we want a third party independent

1659
02:18:01,040 --> 02:18:08,319
inspection paid by the developer so that
the solar company and staff wouldn't be

1660
02:18:06,960 --> 02:18:13,760
taking care of that. They would be
looking in into the inspections weekly

1661
02:18:10,719 --> 02:18:18,479
doing the construction annually doing
the um annual spec inspection to check

1662
02:18:17,040 --> 02:18:25,120
and they would be checking for the
evergreen the buffers violations found

1663
02:18:21,439 --> 02:18:31,920
would in trigger immediate stop work
order if that wasn't in up to code.

1664
02:18:30,080 --> 02:18:37,840
Another thing that was really important
was the solar companies, they sell their

1665
02:18:34,639 --> 02:18:43,120
product projects. So like they'll sell
it off to an LLC, a shell company after

1666
02:18:40,319 --> 02:18:48,880
they get approval. And I want text
amended to be put in there that special

1667
02:18:45,519 --> 02:18:54,000
conditions on that. I want noise
regulations. I want nighttime noise

1668
02:18:51,519 --> 02:18:58,000
regulations to be able to I've spelled
out where that's at. I want

1669
02:18:55,280 --> 02:19:03,040
decommissioning bond liabilities. The
transfers to that future owner and the

1670
02:19:01,040 --> 02:19:09,519
parent company of the shell company if
that's how it goes would be under the

1671
02:19:06,080 --> 02:19:15,040
legal financial responsibility.
And um I want chemical and herbicides. I

1672
02:19:13,040 --> 02:19:20,639
do not want them to be able to use
chemicals and herbicides all over that

1673
02:19:17,599 --> 02:19:25,679
property to run down in the key
limestone groundwater.

1674
02:19:23,439 --> 02:19:31,519
So I would ban all chemicals. They would
have to manage that with habitat

1675
02:19:29,040 --> 02:19:35,760
uh rows using mechanical mowing or
grazing livestock.

1676
02:19:33,920 --> 02:19:42,559
These are things that the county that
the county citizens need to have in

1677
02:19:39,200 --> 02:19:51,760
there to protect them and it's things
that can slip by that really mean a lot.

1678
02:19:49,439 --> 02:19:56,000
But we need fully to have control over
that. not not the state. We need to

1679
02:19:54,080 --> 02:20:02,880
build and it's spelled out in here that
we need to have that and we need to hear

1680
02:19:58,319 --> 02:20:09,280
that from the county attorney that these
things are correct and what's been done.

1681
02:20:06,080 --> 02:20:14,000
I they did a good layout the way they
put it together. Um I think that was

1682
02:20:12,000 --> 02:20:19,840
good. I don't like some of the things
they took out and I'm trying to put them

1683
02:20:16,800 --> 02:20:25,760
back in and and this might not be
everyone else might have opinions too to

1684
02:20:22,479 --> 02:20:30,560
what they want to add into it but for me
these are not not negotiable they've got

1685
02:20:28,080 --> 02:20:37,120
to go in and we've got to protect the
people the citizens of bodat

1686
02:20:34,160 --> 02:20:44,560
» I have a recommendation maybe for staff
to consider for our next work session

1687
02:20:40,880 --> 02:20:48,880
could you prepare a table for us
some of the points that were in our

1688
02:20:45,920 --> 02:20:53,680
packet. I I I appreciated the track
changes that showed us what was

1689
02:20:51,520 --> 02:20:56,880
different. That's I liked that part, but
I also sometimes had to keep going back

1690
02:20:55,280 --> 02:21:01,520
and forth to confirm that this was due
to a state regulation. Even in the

1691
02:20:59,200 --> 02:21:04,399
slides, sometimes it's really clear,
sometimes it's not. Yeah.

1692
02:21:02,720 --> 02:21:10,399
» And even with Mr. heart. What I was
going to ask is if it's possible to have

1693
02:21:07,680 --> 02:21:15,439
the Berkeley group or you or whoever go
through that packet that you gave us and

1694
02:21:12,720 --> 02:21:18,399
make us a table that says these are
changes that we must comply to because

1695
02:21:17,359 --> 02:21:21,760
of state law.
>> Yes. That

1696
02:21:19,520 --> 02:21:26,160
» well I say what might also be helpful
helpful. I mean certainly you've coded

1697
02:21:24,080 --> 02:21:30,319
things red that we've changed. If you
actually make a different color and just

1698
02:21:27,840 --> 02:21:33,520
say these are something that we can't
change because of the state law. that

1699
02:21:32,399 --> 02:21:36,880
might actually make it easier and then
you wouldn't have to redo it. Just

1700
02:21:35,280 --> 02:21:41,359
change the colors of which ones were
mandatory by this the new state law to

1701
02:21:39,760 --> 02:21:46,399
some of the points that Mr. Mr. Hartman
has listed too. I think some of these

1702
02:21:42,800 --> 02:21:50,800
things whether they are valuable valid
we can't do it anyway because of the new

1703
02:21:48,080 --> 02:21:54,399
code and if you could sum you know take
include that in his statements so when

1704
02:21:52,720 --> 02:21:58,960
we start out with the work session we're
starting out from a good baseline of

1705
02:21:56,399 --> 02:22:01,040
what we are allowed to do versus we
don't have any control anymore because

1706
02:22:00,319 --> 02:22:03,359
of the new law.
>> Yeah. because

1707
02:22:01,680 --> 02:22:07,359
» yeah, as much as I want to do some of
these things, I don't know if we're able

1708
02:22:05,280 --> 02:22:11,200
to. That a little downside.
>> Yeah, it's a fantastic idea and I, you

1709
02:22:09,200 --> 02:22:15,600
know, we will definitely do that. I
would want that myself. Um, if anything

1710
02:22:13,920 --> 02:22:19,280
is less stringent, it's because state
code requires us to do.

1711
02:22:17,200 --> 02:22:22,479
» We never, there is no communication that
suggested we want to make anything

1712
02:22:20,720 --> 02:22:26,560
easier on these companies.
>> Um, so if anything is a little lesser

1713
02:22:24,720 --> 02:22:29,600
like the setbacks or the landscape,
that's all state code stuff. Anything

1714
02:22:28,160 --> 02:22:32,720
that's more stringent is because we
asked them to be more stringent on that.

1715
02:22:30,960 --> 02:22:35,920
» I think it would help be more efficient
at the next work session if we start out

1716
02:22:34,240 --> 02:22:41,120
on that baseline so we can all figure
out what what is state law and what

1717
02:22:39,200 --> 02:22:42,880
» we have flexibility on.
>> Absolutely.

1718
02:22:42,000 --> 02:22:46,479
» Okay, we can do that.
>> Thank you, Mr. Hartman. Does anybody

1719
02:22:45,200 --> 02:22:53,359
else have comments that they didn't
bring up in the work session? Mr. Lucas,

1720
02:22:48,800 --> 02:23:02,479
» I I I do. Um, could you put uh my slide
the first the um the first um item on my

1721
02:22:59,840 --> 02:23:07,280
uh flash drive says board of supervisors
meeting on May 26th. Would you put that

1722
02:23:04,479 --> 02:23:11,920
up please? All right. I'm going to take
a step back here because I'm pretty

1723
02:23:09,439 --> 02:23:16,319
outraged as how this is basically
transpired.

1724
02:23:14,080 --> 02:23:21,120
Let me read basically what happened at
the bot on the May 26th board of

1725
02:23:19,120 --> 02:23:26,720
supervisors meeting that brings us to
where we are today. County Attorney

1726
02:23:23,840 --> 02:23:33,359
Lockabe presented a resolution to direct
the planning commission to hold a public

1727
02:23:30,160 --> 02:23:38,640
hearing and make recommendations on
proposed zoning ordinance amendments and

1728
02:23:36,240 --> 02:23:43,040
comprehensive plan language related to
solar facilities.

1729
02:23:40,880 --> 02:23:48,640
Okay.
A resolution to direct the planning

1730
02:23:45,280 --> 02:23:52,800
commission to hold a public hearing. He
noted that the proposed amendments fall

1731
02:23:50,720 --> 02:23:56,399
into two categories. Those already
consistent with the existing

1732
02:23:54,160 --> 02:24:02,000
comprehensive plan
and those mandated by general assembly

1733
02:23:58,800 --> 02:24:06,000
action. Notable statemandated changes
include a requirement that all

1734
02:24:03,760 --> 02:24:11,920
localities provide a special exception
process for solar facilities,

1735
02:24:08,640 --> 02:24:16,720
effectively prohibiting outright bans,
reduce setbacks for most solar facility

1736
02:24:14,240 --> 02:24:21,520
types, and incorporation of DEQ
environmental compliance language into

1737
02:24:18,880 --> 02:24:26,720
local zoning ordinances. The planning
commission was given up the planning

1738
02:24:23,439 --> 02:24:34,000
commission was give us right here was
given up to 100 days by law to respond

1739
02:24:31,120 --> 02:24:38,000
through the board. Though the board
indicated a preference for exception

1740
02:24:35,920 --> 02:24:44,080
action, a separate more deliberate
process was directed for comprehensive

1741
02:24:40,160 --> 02:24:49,520
plan review of renewable energy policy
with a recommended completion deadline

1742
02:24:46,160 --> 02:24:53,680
of November 30th. So the motion was then
that the board direct the planning

1743
02:24:51,439 --> 02:24:57,840
commission to consider and make
recommendations on the proposed zoning

1744
02:24:55,840 --> 02:25:02,560
ordinance amendments and amendments to
the comprehensive plan related to the

1745
02:25:00,160 --> 02:25:10,080
solar facilities and it passed
unanimously. Mr. Snyder, Mr. Nicely,

1746
02:25:06,000 --> 02:25:14,720
Miss Rothman, Dr. uh Scott Horn and Mr.
Michael. Okay. All right. So that's what

1747
02:25:13,040 --> 02:25:22,439
passed. But that's not at all what
happened, is it? What happened is that

1748
02:25:17,840 --> 02:25:22,439
the administration took that,

1749
02:25:22,640 --> 02:25:28,960
took it to the planning department to
the total exclusion of the planning

1750
02:25:27,200 --> 02:25:34,720
commission,
hired a firm,

1751
02:25:32,240 --> 02:25:40,720
contracted the firm, gave the firm 60
days to work on this. 60 days,

1752
02:25:38,640 --> 02:25:46,160
pay thousands and thousands of dollars
for it. And now we have this packet

1753
02:25:43,840 --> 02:25:51,760
here. It's all these wonderful words.
Words that you can drive a bus through.

1754
02:25:48,319 --> 02:25:57,200
It's got so many holes in it. Okay. A
firm that basically advertises that what

1755
02:25:54,319 --> 02:26:03,120
they do basically is
help develop solar facilities.

1756
02:25:59,359 --> 02:26:07,520
Wonderful. Okay. The the nonbiased firm.
Okay. No one else was looked at for

1757
02:26:05,040 --> 02:26:12,960
this. No one here was consulted about
it. We have this packet now and we have

1758
02:26:10,560 --> 02:26:19,520
days now basically to work on it. you
all took 60 days and during those 60

1759
02:26:15,680 --> 02:26:26,319
days none of us were contacted at all in
this process all of these thoughts that

1760
02:26:22,800 --> 02:26:34,640
could have gone into this by Mr. Hartman
Mr. Lucas Mr. M me our chair. None of us

1761
02:26:31,439 --> 02:26:40,800
none of us were reached out to uh were
farmers talk and considered the the the

1762
02:26:38,319 --> 02:26:49,040
the person that came up with the initial
language. He wasn't contacted by anybody

1763
02:26:43,280 --> 02:26:54,960
at all at all. No input from so it was
done totally in a vacuum

1764
02:26:51,840 --> 02:27:00,640
and now this is our starting point.
Okay. So,

1765
02:26:58,080 --> 02:27:06,000
so okay, this is our starting point. So,
let's let's one of the things that I'm

1766
02:27:03,840 --> 02:27:13,040
that I stated from the beginning was my
concern about proliferation and also

1767
02:27:08,560 --> 02:27:17,840
decommissioning and restoration. Okay,
almost nothing in here about

1768
02:27:16,000 --> 02:27:22,319
decommissioning and restoration.
Restoration. Okay, so what are you going

1769
02:27:20,080 --> 02:27:27,439
to restore to? You know, what are you
going to restore to? Somehow you have to

1770
02:27:25,439 --> 02:27:33,040
capture what you start with if you're
going to restore back to it. Not covered

1771
02:27:30,080 --> 02:27:40,560
at all in any way, shape, or form.
Right? So you'd you'd say, gee, okay, so

1772
02:27:37,120 --> 02:27:48,399
what I thought might be really good here
is that as the solar applications come

1773
02:27:44,240 --> 02:27:54,560
to us, perhaps a what I refer to as a
solar site condition and satisfax

1774
02:27:51,280 --> 02:27:59,520
satisfaction report be established.
Okay.

1775
02:27:56,240 --> 02:28:05,920
And the the the company that would like
to put a solar facility goes to this

1776
02:28:03,520 --> 02:28:11,439
solar site condition and satisfaction
report and basically satisfies it. And

1777
02:28:09,040 --> 02:28:17,439
if it satisfies it, it then comes before
the board of super, you know, the the

1778
02:28:13,760 --> 02:28:22,399
planning commission to basically
vote to move on to the board of

1779
02:28:19,359 --> 02:28:26,960
supervisors. But if it can't satisfy
those things, okay,

1780
02:28:24,880 --> 02:28:31,600
you know,
it it it

1781
02:28:29,359 --> 02:28:37,600
they can go back and try to satisfy it
or realize that no, this isn't going to

1782
02:28:33,680 --> 02:28:44,080
work here. Okay, it it so so part of
that would be um you know, is it on

1783
02:28:40,319 --> 02:28:50,319
prime farmland? You know, it it no, if
is it on highly erodable soil? No. How

1784
02:28:47,040 --> 02:28:54,880
about m wildlife migratory routes? Is it
on that? Okay. Nowhere in here does it

1785
02:28:53,359 --> 02:28:59,439
talk about that. There's a solar
facility that was put in that kills

1786
02:28:57,760 --> 02:29:05,200
tremendous amount of birds because
they're on a maratory route. You see,

1787
02:29:02,000 --> 02:29:10,479
they hire people to collect dead birds
on a regular basis. Okay. No one ever

1788
02:29:08,640 --> 02:29:15,200
thought of that before that went in.
Okay. I think we should because it's

1789
02:29:13,359 --> 02:29:18,960
happening. I would say that's part of
the application packages that we saw.

1790
02:29:17,120 --> 02:29:25,040
They the applicant had to pay for the
studies about the migratory paths.

1791
02:29:22,399 --> 02:29:32,240
» But it's not it's not embodied in this
document. Okay. Um the um now it does

1792
02:29:30,240 --> 02:29:37,359
have some nice things in it as far as
that it can't be any closer than a

1793
02:29:34,960 --> 02:29:44,720
certain distance from another facility,
etc. I like that. Um uh the setbacks,

1794
02:29:41,760 --> 02:29:50,399
etc. But but what I what I what I come
down to is if it's temporary,

1795
02:29:48,240 --> 02:29:54,240
if it's temporary,
then we ought to say, is that our

1796
02:29:52,640 --> 02:29:59,680
attitude? We're going to accept solar,
but on a temporary basis, not on a

1797
02:29:56,479 --> 02:30:04,640
permanent basis. If it's for for
agricultural land. Okay. Uh we're not

1798
02:30:02,880 --> 02:30:09,120
going to allow it on forest
conservation. Is that correct? That's

1799
02:30:06,560 --> 02:30:11,600
off limits.
>> Yeah. I mean, I think

1800
02:30:09,920 --> 02:30:13,359
» I think that's up for us to decide. We
have to decide that but

1801
02:30:12,960 --> 02:30:15,439
» right
>> I wouldn't want I don't think you can

1802
02:30:14,560 --> 02:30:17,488
put it in that.
>> Okay.

1803
02:30:15,840 --> 02:30:19,200
» I think it's too many tree cover.
[clears throat]

1804
02:30:17,600 --> 02:30:21,920
» How do we treat that right now with
forest conservation is it allowed

1805
02:30:21,200 --> 02:30:24,800
» an SCP
>> with special exception?

1806
02:30:23,200 --> 02:30:30,000
» It's actually not allowed at all.
>> Not allowed at all. Great. Okay. Things

1807
02:30:27,359 --> 02:30:35,680
like that. But but overall is our
attitude for agricultural

1808
02:30:33,439 --> 02:30:40,479
application, which is what our county
really has identified as that if it's if

1809
02:30:38,960 --> 02:30:46,240
we're going to allow it, it ought to be
temporary. Not not not 40, 50 years, but

1810
02:30:44,560 --> 02:30:51,600
temporary.
And I suggest 15 years. Allow them to

1811
02:30:49,280 --> 02:30:57,200
come in, put it in if it satisfies the
other requirements. But at the end of 15

1812
02:30:54,000 --> 02:31:03,200
years or maybe 20 years, okay, it's got
to be taken out because it's temporary.

1813
02:31:00,319 --> 02:31:10,960
You see, it's got to go away and it's
got to get restored back to agriculture.

1814
02:31:06,160 --> 02:31:15,920
Um that's what I would push for. Um and
um and the person and the company would

1815
02:31:13,439 --> 02:31:21,760
have to say okay we agree to that and
that and that within six months

1816
02:31:19,439 --> 02:31:26,880
of the end of life of that facility
which we would define as 15 to 20 years.

1817
02:31:24,319 --> 02:31:33,040
Okay. Uh regardless of what they do to
it, okay, that goes away for the health

1818
02:31:29,520 --> 02:31:41,680
of that farmland. Um
but then when I get into the restoration

1819
02:31:37,840 --> 02:31:48,720
um that gets really really really really
tough because you need to determine what

1820
02:31:45,200 --> 02:31:54,160
is the status of that site
before anything starts to happen with

1821
02:31:51,280 --> 02:32:02,720
the solar construction. So what I'm
suggesting is that part of this

1822
02:31:57,600 --> 02:32:06,640
condition site report is that soil
samples are taken throughout the entire

1823
02:32:04,800 --> 02:32:11,920
site.
maybe every th every thousand square

1824
02:32:08,960 --> 02:32:20,399
feet, okay, a soil sample is taken so
that 15 20 years from now, okay, they

1825
02:32:16,399 --> 02:32:26,960
pull out this condition report and they
have to put it back to where what what

1826
02:32:23,600 --> 02:32:34,720
the quality of that farmland was at that
time as defined by something. Otherwise,

1827
02:32:31,040 --> 02:32:39,920
it's it's 15 20 years later.
women, you know,

1828
02:32:37,200 --> 02:32:46,080
» and and and you won't know. So, so
something like that. I I I

1829
02:32:42,720 --> 02:32:52,399
um and um
and and and we're talking such a long

1830
02:32:48,319 --> 02:32:57,680
period of time that you mentioned short.
How is that going to work? You know,

1831
02:32:54,640 --> 02:33:02,720
these companies, Mr. Hartman made an
excellent point about these companies

1832
02:33:00,319 --> 02:33:07,040
get sold and sold again and sold again
and sold again.

1833
02:33:04,800 --> 02:33:12,240
So along the way, maybe the shity
doesn't get continued.

1834
02:33:09,760 --> 02:33:16,880
And when that happens, who's going to
pay for the decommissioning and the

1835
02:33:14,399 --> 02:33:20,960
restoration? Better not be the people of
Bat County.

1836
02:33:19,040 --> 02:33:24,960
Better not fall at the owner because
owner is probably not going to be able

1837
02:33:22,319 --> 02:33:31,040
to afford to do it. And we don't want a
derelict abandoned solar facility on our

1838
02:33:28,960 --> 02:33:35,040
landscape. Um,
>> can I pause you for one second? I I

1839
02:33:33,520 --> 02:33:39,760
think that's a good point. And did
anything change in the state law about

1840
02:33:37,120 --> 02:33:43,920
how we already require the bonds, the
shirt? Anything change to make that less

1841
02:33:41,760 --> 02:33:46,479
stringent than what we already require?
>> Because they have to be updated every 3

1842
02:33:45,600 --> 02:33:51,600
years, right?
>> Well, the state law changed it to once

1843
02:33:49,520 --> 02:33:55,760
every five years or whenever the
ownership of the property changes, it

1844
02:33:53,680 --> 02:34:01,040
needs to be updated. And yeah, they're
actually the as far as the uh com

1845
02:33:58,399 --> 02:34:05,680
conditions at the as far as having a a
pre-construction conditions report,

1846
02:34:03,359 --> 02:34:10,080
there are accepted engineering standards
on that and that's required both by

1847
02:34:07,359 --> 02:34:15,760
state law and our practices right now.
So that would be not really adding

1848
02:34:12,240 --> 02:34:20,160
anything to what we're currently doing.
And we do have a pretty robust set of

1849
02:34:18,080 --> 02:34:25,359
shy documents that we make people fill
out and have their shy online. And that

1850
02:34:23,280 --> 02:34:30,960
shy needs to be either renewed every
five years or upon any transfer of the

1851
02:34:28,399 --> 02:34:36,399
property. And if somebody transfers the
property and does not renew its

1852
02:34:33,359 --> 02:34:40,800
decommissioning shy within 30 days after
the transfer of the property, we pull

1853
02:34:38,160 --> 02:34:44,960
the shy and we bring them into the
conversation. And by bring shy into the

1854
02:34:42,960 --> 02:34:50,560
conversation meaning we give them a
notice of default and tell them that we

1855
02:34:48,240 --> 02:34:53,439
are going to start uh default
proceedings under the decommissioning

1856
02:34:52,319 --> 02:34:58,880
agreement.
>> So the default would mean that it would

1857
02:34:56,399 --> 02:35:04,399
be totally decommissioned and restored.
>> Well, we would have the right to uh to

1858
02:35:02,000 --> 02:35:08,640
go in there and do that as a matter
assuming that the transferee is actually

1859
02:35:07,200 --> 02:35:11,680
solvent. They're just going to give you
a new shy. They're going to say, "Oh,

1860
02:35:10,080 --> 02:35:17,200
our fault. we're going to substitute a
new shy. If they're not, then yeah, we

1861
02:35:14,319 --> 02:35:21,439
can go in and we can draw upon that shy
or the shy can on their own nickel go in

1862
02:35:20,080 --> 02:35:27,840
and do a restoration.
>> But what's this? What's the shy amount?

1863
02:35:24,560 --> 02:35:33,280
I mean, what if we we we had one
applicant that talked about restoration

1864
02:35:30,720 --> 02:35:38,240
» and they provided an amount of just tens
of thousands of dollars. My god, if you

1865
02:35:36,160 --> 02:35:43,920
have to restore the soil
>> Mhm. If you have to remove contamination

1866
02:35:40,720 --> 02:35:48,000
that occurred during 15, 20 years and
restore the soil, you're you're talking

1867
02:35:45,760 --> 02:35:52,880
millions of dollars. You're not talking
tens of thousands of dollars. You're

1868
02:35:50,000 --> 02:35:55,439
talking hundreds, if not millions of
dollars.

1869
02:35:53,520 --> 02:36:00,640
» Well, there are engineers who do these
reviews for solar companies and they

1870
02:35:58,479 --> 02:36:04,160
come in a little bit low, as you might
imagine, on their estimate of

1871
02:36:02,640 --> 02:36:08,880
restoration costs. There are also
engineers who do this for local

1872
02:36:05,760 --> 02:36:14,720
governments and they come in higher and
that tends to be where that plays out.

1873
02:36:11,840 --> 02:36:21,920
» So
um so can we require the shity to be the

1874
02:36:18,880 --> 02:36:27,359
worst case scenario?
There's a calculation methodology and at

1875
02:36:24,880 --> 02:36:31,840
the end of it set set out in state code
and I think that probably your decision

1876
02:36:29,840 --> 02:36:36,560
on it as long as it wasn't arbitrary and
capriccious would probably be upheld.

1877
02:36:34,720 --> 02:36:41,120
» I can give you an example of of
something that Bodatat does that's

1878
02:36:38,240 --> 02:36:45,120
unique um that the companies will push
back on which is they want to only bond

1879
02:36:43,520 --> 02:36:48,960
less the salvage value. We're not in the
salvage business. We don't have time to

1880
02:36:46,479 --> 02:36:54,000
do that. So, we do not deduct the
salvage value of any of any of it from

1881
02:36:52,240 --> 02:36:58,160
the bond amount that has to be posted.
And it in the previous bonds that we've

1882
02:36:56,399 --> 02:37:03,040
had, we've been very clear it has to go
back to the exact pre-existing

1883
02:37:00,479 --> 02:37:09,120
conditions, whether at a later date, a
future official or a future board or a

1884
02:37:06,720 --> 02:37:13,200
future whoever could decide that they
didn't want to restore it for whatever

1885
02:37:11,359 --> 02:37:18,880
reason, we would still hold the bond for
that. So going back to exact conditions,

1886
02:37:16,640 --> 02:37:25,600
you have to you have to capture what
those conditions were before it starts

1887
02:37:21,600 --> 02:37:30,319
or else you can't go back. Um you know
there's a there's in Ron Oak there's a

1888
02:37:28,160 --> 02:37:37,600
solar facility that's derelict. It's
abandoned and apparently the shy to to

1889
02:37:34,160 --> 02:37:42,319
decommission that there's nothing there.
There's nothing there and now they're

1890
02:37:40,319 --> 02:37:47,760
trying to figure out who's going to pay
to restore it. So, so, so right in our

1891
02:37:45,520 --> 02:37:54,160
very close to where we are, we have a
situation where everything went wrong

1892
02:37:51,600 --> 02:37:57,280
and and and we brought that up before.
Has anybody looked at that? Anybody

1893
02:37:55,840 --> 02:37:59,439
studied that?
>> What happened there? We don't want to

1894
02:37:58,800 --> 02:38:02,640
happen here.
>> The facility that's next to the Salem VA

1895
02:38:01,920 --> 02:38:06,080
medical center,
>> I think so.

1896
02:38:03,600 --> 02:38:09,439
» Yeah. Um, I've not looked into that. I
don't know.

1897
02:38:06,880 --> 02:38:12,880
» Has the consulting firm that we hired,
have they looked into it? different

1898
02:38:10,560 --> 02:38:17,040
rules and regulations than what is
today.

1899
02:38:14,160 --> 02:38:21,200
» Also, I think we already do better than
that because we do require bonds and

1900
02:38:19,359 --> 02:38:25,840
shurities. So, and it sounds like they
didn't. I don't know their business, but

1901
02:38:22,960 --> 02:38:29,200
» No, I know you've been making a list,
Mr. McCoy, as we've been talking, but I

1902
02:38:27,920 --> 02:38:33,120
wanted to make sure that a couple of
things that Mr. Tyson said, we

1903
02:38:30,720 --> 02:38:36,560
definitely again could you have ready to
start out on our baseline conversation

1904
02:38:35,359 --> 02:38:42,960
at the next work session?
>> Definitely. this issue of restoration

1905
02:38:39,120 --> 02:38:48,319
and how is that defined? Um how how do
we eva how do you evaluate that? Some in

1906
02:38:45,760 --> 02:38:54,640
some cases this the soil is allegedly
left in better condition than before and

1907
02:38:51,439 --> 02:38:58,560
how how do you define that? Um we
brought up in the work session this

1908
02:38:56,240 --> 02:39:06,080
issue of monitoring particularly erosion
and soil quality. um whether that's a

1909
02:39:02,240 --> 02:39:09,680
code, a zoning language issue, or if
it's handled under enforcement and how

1910
02:39:07,840 --> 02:39:16,080
to not do something to complicate and
conflict those two. Could you be ready

1911
02:39:12,080 --> 02:39:20,080
to in educate us on that? And we also
talked about at the work session this

1912
02:39:17,920 --> 02:39:26,399
definition of temporary and are we
allowed under the state code to define

1913
02:39:24,160 --> 02:39:31,200
quote unquote temporary? Can we limit
these facilities to 20-year life versus

1914
02:39:28,880 --> 02:39:33,439
etc. So, could you see about what we're
allowed to do there before the next work

1915
02:39:32,960 --> 02:39:36,560
session?
>> Absolutely.

1916
02:39:34,080 --> 02:39:40,640
» Thank you.
>> And and I do see where we've listed

1917
02:39:38,560 --> 02:39:48,399
wildlife corridors in there, but does
that include migratory um routes?

1918
02:39:46,080 --> 02:39:50,880
» I know that was covered in the other
applications. I don't know whether they

1919
02:39:49,760 --> 02:39:54,720
did that out of the goodness of their
heart or whether that was part of our

1920
02:39:52,240 --> 02:39:59,280
existing zoning.
State had to write up those reports. Are

1921
02:39:56,560 --> 02:40:04,399
we going to get an opportunity for um
public comment on this public?

1922
02:40:02,240 --> 02:40:11,200
» If we're finished if we're finishing
quizzing and requesting information, Mr.

1923
02:40:08,000 --> 02:40:13,200
McCoy, I will open the public hearing.
Are you guys ready?

1924
02:40:12,319 --> 02:40:20,160
» Yeah.
>> Well, I I put a lot of value into what

1925
02:40:15,280 --> 02:40:25,040
people bring forward and um um we we
have a citizen that's put a lot of

1926
02:40:22,479 --> 02:40:30,640
effort into this. He wasn't contacted in
the process of generating that. He's a

1927
02:40:27,760 --> 02:40:36,960
he's a successful farmer. He is a expert
in soil. He's here.

1928
02:40:34,000 --> 02:40:40,520
» Can we since since the board asked us to
hold a hearing?

1929
02:40:42,640 --> 02:40:47,680
» Is that okay?
>> Can he only speak I mean can't we bring

1930
02:40:45,840 --> 02:40:52,319
him forward just like
>> Mr. Yes.

1931
02:40:50,800 --> 02:40:57,280
» No. No. I don't mean a three minute
limit. Can he come forward where where

1932
02:40:55,120 --> 02:41:02,720
we we can ask him questions from his
perspective and get his input?

1933
02:41:00,560 --> 02:41:06,840
» Why can't we do that? See, the board
said we could hold a hearing.

1934
02:41:07,760 --> 02:41:15,520
» All right. Can I make a motion to allow
him to come forward and talk to us?

1935
02:41:13,920 --> 02:41:19,040
» I think he's on the list and we can
certainly offer more time if we think

1936
02:41:17,840 --> 02:41:22,280
that's important.
>> I think

1937
02:41:29,359 --> 02:41:33,920
Well, tell you what, he he can he can
give us his qualific.

1938
02:41:36,399 --> 02:41:40,040
He's talking about you.

1939
02:41:43,120 --> 02:41:50,319
» But wait a minute. Wait a minute. I'm
not going to be able to ask him any

1940
02:41:47,840 --> 02:41:55,040
questions. I only get his three minutes
in. I'm not asking him to come forward

1941
02:41:52,880 --> 02:41:59,600
as a speaker. I'm asking him to come
forward as an expert that we can talk

1942
02:41:58,800 --> 02:42:02,600
to.
>> But

1943
02:42:05,840 --> 02:42:13,359
their experience
for me to call them an expert when it

1944
02:42:11,920 --> 02:42:17,520
might be just because I personally
believe they're grieving. So, we can't

1945
02:42:15,280 --> 02:42:20,720
set that precedent. If at the next work
session you would like to have an

1946
02:42:18,800 --> 02:42:24,319
invited speaker, we can address how that
process is worked out. I think that

1947
02:42:22,479 --> 02:42:27,439
would be great if Mr. Williamson wants
to do that. But he has Thank you for

1948
02:42:26,720 --> 02:42:33,280
signing up.
>> I'm sorry. I'm going to make a motion to

1949
02:42:30,080 --> 02:42:38,640
invite Mr. Tom Williamson to come and
speak before us so we can ask him

1950
02:42:35,920 --> 02:42:41,520
questions and that he has pertinent
information. He's provided substant

1951
02:42:40,720 --> 02:42:44,960
information.
>> Mr. Lockabe, is this like a point of

1952
02:42:43,520 --> 02:42:50,000
order? I don't know.
>> I mean, if he wants to make a motion to

1953
02:42:47,680 --> 02:42:56,319
let anyone in the world speak and the
board votes by three votes to go for it,

1954
02:42:54,399 --> 02:42:59,760
» you you're you're a parliamentary body.
You can listen to

1955
02:42:58,080 --> 02:43:02,880
I mean there there are limits to what
you can do, but if you want to have a

1956
02:43:01,200 --> 02:43:04,399
special speaker,
>> okay,

1957
02:43:03,439 --> 02:43:08,640
» for me to stand,
>> I make a motion to have a special

1958
02:43:06,160 --> 02:43:15,040
speaker, Mr. Town Williamson, come
before the board, the commission, excuse

1959
02:43:11,200 --> 02:43:18,800
me, and and and um provide his
credentials, his experience, his

1960
02:43:16,880 --> 02:43:23,600
background, his contribution to this
subject, and uh be available for any

1961
02:43:21,520 --> 02:43:26,640
questions we may have for him.
>> Can somebody else

1962
02:43:24,640 --> 02:43:31,920
» Mr. Tyson has made a motion for a spe
special speaker from the audience, Mr.

1963
02:43:28,160 --> 02:43:36,160
Tom Williamson. Is there a second?
>> I I just think you ought to come join

1964
02:43:34,000 --> 02:43:39,680
our workshop. That That's when we're
going to do a workshop.

1965
02:43:37,840 --> 02:43:45,120
» He would be here and we'd have plenty of
time to have him here. That would be a

1966
02:43:42,720 --> 02:43:49,840
good time to
>> Motion fails because there's no second.

1967
02:43:48,160 --> 02:43:54,000
Mr. Williamson, perhaps you could meet
with us after the meeting and discuss

1968
02:43:51,359 --> 02:43:58,960
the next work section. Thank you. Thank
you. And you still have

1969
02:43:57,600 --> 02:44:05,680
» I would now like to open the public
hearing. Um, first speaker on solar is

1970
02:44:03,200 --> 02:44:08,479
Miss Jerusk.
I'm sorry. I think I say your name wrong

1971
02:44:07,600 --> 02:44:12,200
every time.
>> It's correct. Thank you.

1972
02:44:15,760 --> 02:44:18,920
» It's working.

1973
02:44:19,600 --> 02:44:24,720
» My name is Shirley Dusk. I'm from the
Finn Castle District.

1974
02:44:25,680 --> 02:44:33,120
I am here tonight because I believe
Bodatak County is at a crossroads. This

1975
02:44:29,920 --> 02:44:36,800
is not just another solar application.
This is about deciding what kind of

1976
02:44:34,960 --> 02:44:42,000
county we intend to leave our children
and our grandchildren.

1977
02:44:39,359 --> 02:44:46,319
I am not opposed to solar energy. I am
opposed to turning productive farmland,

1978
02:44:44,080 --> 02:44:51,439
forest, wildlife habitat, and some of
the most beautiful landscapes in

1979
02:44:47,760 --> 02:44:56,000
Virginia into industrial power plants.
Industrial solar facilities are not

1980
02:44:53,359 --> 02:45:01,120
agriculture. They are not industrial.
They are industrial land uses. They

1981
02:44:59,040 --> 02:45:06,000
replace living ecosystems with miles of
steel, glass fencing, access roads,

1982
02:45:03,439 --> 02:45:11,120
electrical infrastructure, and security
lighting. They fragment wildlife

1983
02:45:07,760 --> 02:45:15,680
habitat, disrupt rural viewsheds, and
permanently alter the character of the

1984
02:45:13,040 --> 02:45:20,720
land. Virginia law gives local
governments the authority and the

1985
02:45:18,240 --> 02:45:23,920
responsibility to make land use
decisions that protect the health,

1986
02:45:22,240 --> 02:45:28,720
safety, and welfare of their citizens
through sound planning.

1987
02:45:26,560 --> 02:45:34,000
The comprehensive plan is not just
another document to sit on a shelf. It

1988
02:45:31,200 --> 02:45:38,479
is the vision of our future. The newly
adopted 2026 Bodatak County

1989
02:45:36,080 --> 02:45:42,720
comprehensive plan speaks repeatedly
about protecting our rural character,

1990
02:45:40,479 --> 02:45:47,680
preserving agriculture, conserving
natural resources, and directing growth

1991
02:45:44,720 --> 02:45:51,279
where infrastructure already exists.
Those words must mean something. If they

1992
02:45:49,680 --> 02:45:55,600
don't guide your decisions, then they
are just empty promises. Over the past

1993
02:45:54,000 --> 02:45:59,680
year, the people of this county have
spoken loudly. We have seen packed

1994
02:45:57,920 --> 02:46:04,080
public meetings, overflowing rooms,
countless public comments, and citizens

1995
02:46:02,319 --> 02:46:08,800
spending hundreds of hours researching
major industrial projects. Whether the

1996
02:46:06,640 --> 02:46:13,760
issue is a data center, large apartment
complexes, or industrial solar solar

1997
02:46:11,600 --> 02:46:18,160
farms, the message has been remarkably
consistent.

1998
02:46:15,840 --> 02:46:22,880
The people of Batat do not want
uncontrolled industrialization of our

1999
02:46:20,160 --> 02:46:27,040
rural county. Planning Commissioner Mark
Tyson has consistently reminded us that

2000
02:46:24,960 --> 02:46:32,080
planning must be based on facts,
long-term consequences, and protecting

2001
02:46:29,439 --> 02:46:35,840
the public interest, not simply reacting
to the next proposal that comes through

2002
02:46:33,600 --> 02:46:40,720
the door. That is exactly what this
commission was created to do. Every

2003
02:46:38,319 --> 02:46:45,760
industrial project is presented as being
unique. Everyone promises benefits, but

2004
02:46:43,680 --> 02:46:50,720
eventually those individual approvals
become something much larger. They

2005
02:46:47,920 --> 02:46:55,065
become a pattern. And once that pattern
changes the identity of the county,

2006
02:46:52,960 --> 02:46:59,279
there is no undo button. You cannot
[clears throat] recreate a 200-year-old

2007
02:46:56,960 --> 02:47:03,600
farm. You cannot instantly replace
mature forest. You cannot restore scenic

2008
02:47:02,080 --> 02:47:07,760
mountain views once they have been
industrialized. And you cannot tell

2009
02:47:05,760 --> 02:47:12,240
future generations that we simply didn't
realize what we were doing. Economic

2010
02:47:10,399 --> 02:47:19,359
development is important, but not every
project belongs in every community. Bat

2011
02:47:14,960 --> 02:47:23,520
County's greatest assets has always been
uh the land, the water, the farms, and

2012
02:47:21,200 --> 02:47:27,640
the forest. Um, please do the right
thing. Thank you.

2013
02:47:24,479 --> 02:47:27,640
» Thank you,

2014
02:47:29,520 --> 02:47:34,439
» Miss Smith. You're on. So, okay.

2015
02:47:36,479 --> 02:47:42,040
Next up would be Miss Wilhelm on solar.

2016
02:47:44,960 --> 02:47:51,840
My name is Melissa Smith. I live on Ivy
Lane. That's in the Amsterdam district.

2017
02:47:50,240 --> 02:47:57,520
So, I expect the Amsterdam
representative to hear and vote

2018
02:47:55,200 --> 02:48:02,080
according to what we rep want
representative.

2019
02:47:59,600 --> 02:48:07,279
The solar farms are inadequate. The
legislation that we have before us is

2020
02:48:04,880 --> 02:48:12,880
completely inadequate. For one thing,
you have not addressed at all the agics.

2021
02:48:10,800 --> 02:48:17,279
That's the battery sink that's needed to
hold the power that's generated by the

2022
02:48:14,960 --> 02:48:22,080
panels. And whether they're going to be
above ground or underground, how they're

2023
02:48:19,520 --> 02:48:28,240
going to be decommissioned is irrelevant
if there's a disaster. And these things

2024
02:48:24,800 --> 02:48:35,680
can come under disasters. And it's like
81 on a good day, there's no problem.

2025
02:48:31,840 --> 02:48:41,359
But 81, it takes one person on a bad day
to mess up everything and then it's

2026
02:48:38,319 --> 02:48:45,840
disaster for everybody. I have serious
problems because there's no oversight.

2027
02:48:44,080 --> 02:48:50,080
There's been no oversight for what the
Western Virginia Water Authority has

2028
02:48:47,600 --> 02:48:57,200
been doing. They just get cart blanch to
go and do it as motioned by my

2029
02:48:53,279 --> 02:49:02,640
representative earlier. And
what about the erosion? There's no

2030
02:48:59,920 --> 02:49:07,760
oversight to check. And Mr. Lockabe
says, "Well, we'll go after them for

2031
02:49:04,800 --> 02:49:12,640
default. That's inadequate, sir, because
we need to prevent the loss of our

2032
02:49:10,160 --> 02:49:18,319
precious farmlands, and we need to
prevent erosion. My neighbor's driveway

2033
02:49:16,000 --> 02:49:22,960
is one that's susceptible to erosion.
And believe me, erosion can be

2034
02:49:20,560 --> 02:49:30,080
catastrophic, and it can happen in half
a heartbeat. And we do not need to make

2035
02:49:27,040 --> 02:49:34,800
these decisions in half a heartbeat. So
I'm hoping that you'll continue the

2036
02:49:31,600 --> 02:49:40,640
hearing to another time when we do have
experts like Mr.son. I'm so a gasast and

2037
02:49:38,479 --> 02:49:47,120
offended. John Alderson is one of my
best friends father. They went out of

2038
02:49:43,520 --> 02:49:53,840
their way to develop language based on
what experts say is relevant with the SW

2039
02:49:50,720 --> 02:49:59,600
and water and our values because John
Auterson is one of the best citizens Bit

2040
02:49:57,279 --> 02:50:04,720
County has and he has funded
philanthropy that y'all wouldn't even

2041
02:50:01,359 --> 02:50:10,160
know about. So, I'm very disappointed
that the planning commission didn't get

2042
02:50:07,760 --> 02:50:16,000
what they were promised by the board to
set what the bureaucrats set for us. And

2043
02:50:13,840 --> 02:50:22,800
the language is important. So, I'm
encouraging you to have a hearing that

2044
02:50:19,120 --> 02:50:28,160
discusses whether solar scale is
efficient at the 1 kilowatt, at the 20

2045
02:50:25,680 --> 02:50:32,880
kilowatt, or the 20 one megawatt. None
of us can even imagine what those sinks

2046
02:50:30,560 --> 02:50:37,359
look like until we can until we have
some official experts in the solar field

2047
02:50:35,279 --> 02:50:41,920
like from the Sierra Club that the data
center got to come. These people are

2048
02:50:39,600 --> 02:50:48,080
around and they will come and give us
the information to make better

2049
02:50:44,160 --> 02:50:52,279
decisions. So I encourage you to do so.
>> Thank you.

2050
02:50:49,040 --> 02:50:52,279
» Thank you.

2051
02:51:01,840 --> 02:51:11,840
I'm Judy Wilhelm. I'm from the Fin
Castle District. I have no problem with

2052
02:51:08,640 --> 02:51:20,080
solar energy. If you want to put it on
your home or some building, fine. But

2053
02:51:17,520 --> 02:51:28,479
don't put it on
our farmland. Don't Don't allow these

2054
02:51:24,479 --> 02:51:34,399
big solar companies to come in and
destroy

2055
02:51:30,080 --> 02:51:38,800
what we have here in Bodatat County.
This is an agricultural

2056
02:51:37,279 --> 02:51:48,399
county
and it has some of the most beautiful

2057
02:51:43,520 --> 02:51:52,040
views in this state. I mean, this is
God's country.

2058
02:51:52,640 --> 02:52:06,000
If I would recommend that
they put solar on existing

2059
02:52:02,880 --> 02:52:17,680
buildings. If they want to make a solar
farm, get with companies that

2060
02:52:10,960 --> 02:52:24,399
um and stores that and make uh covered
area for parking.

2061
02:52:20,560 --> 02:52:32,160
you know, that doesn't disrupt the the
view. It just provides a

2062
02:52:29,279 --> 02:52:38,720
a place for
the sore to be.

2063
02:52:35,120 --> 02:52:46,000
And I don't like the
the chance that it does ruin the

2064
02:52:42,560 --> 02:52:51,200
farmland because we all know that they
do leech chemicals into the ground.

2065
02:52:51,439 --> 02:53:01,760
Just please keep
Bodatat green and beautiful

2066
02:52:58,240 --> 02:53:06,160
because I'm proud of this county and
where I live. I've lived here all my

2067
02:53:04,319 --> 02:53:10,880
life.
Thank you.

2068
02:53:08,080 --> 02:53:17,920
» Thank
Bzer on solar.

2069
02:53:14,880 --> 02:53:22,520
I thought I saw him. Mr. Von Bells, are
you still here?

2070
02:53:19,520 --> 02:53:22,520
» Okay.

2071
02:53:26,240 --> 02:53:33,200
» Yeah. I'm uh Bill Vanelzer, Fin Castle
District.

2072
02:53:31,520 --> 02:53:38,000
Um,
after reading through the meeting packet

2073
02:53:36,080 --> 02:53:42,640
for tonight's meeting, I'd like to share
with you some concerns I have regard

2074
02:53:40,479 --> 02:53:49,680
regarding uh future construction of
minor scale groundmounted and utility

2075
02:53:45,840 --> 02:53:54,880
scale solar projects in Bodatat.
In short, I think Bonitat residents and

2076
02:53:52,160 --> 02:53:59,279
rural residents in particular deserve
comprehensive plan changes that are as

2077
02:53:57,439 --> 02:54:03,520
restrictive as possible under the new
dictates from Richmond.

2078
02:54:02,160 --> 02:54:08,319
We can't do anything about the
disrespect that Northern Virginia and

2079
02:54:05,680 --> 02:54:14,000
Richmond area urban dwellers have shown
to their rural counterparts.

2080
02:54:11,120 --> 02:54:18,960
However, we can work to preserve as much
of our rural character and property

2081
02:54:16,800 --> 02:54:24,319
valuations
as possible within the framework handed

2082
02:54:21,040 --> 02:54:28,960
down to us. Referring to the denial of
one recent solar project application and

2083
02:54:26,640 --> 02:54:34,880
the withdrawal of a second at the risk
of suffering the same fate. One one

2084
02:54:31,680 --> 02:54:39,200
thing seems clear. Bodatat residents and
their elected representatives are not

2085
02:54:36,640 --> 02:54:45,359
supportive of the general assemblies and
our governor's push to industrialize our

2086
02:54:42,399 --> 02:54:51,200
farmland.
Some of my takeaways are here. It's not

2087
02:54:47,920 --> 02:54:56,720
an exhaustive list. At the top of my
list is to delay acceptance of Berkeley

2088
02:54:55,040 --> 02:55:00,720
Group's recommendations subject to
further review by you, the planning

2089
02:54:58,479 --> 02:55:05,200
commission, and the board of supervisors
and county residents.

2090
02:55:03,359 --> 02:55:09,840
Secondly, work to place the strictest
limits possible on the number of acres

2091
02:55:07,760 --> 02:55:14,319
in the county where solar projects are
permissible.

2092
02:55:11,359 --> 02:55:17,720
Push all statemandated setbacks to their
upper limits.

2093
02:55:18,080 --> 02:55:24,640
opt to require an independent viewshed
analysis that overrides any and all

2094
02:55:22,399 --> 02:55:28,319
input from solar project developer
applicants.

2095
02:55:26,240 --> 02:55:33,840
Enhanced screening requirements for all
proposed solar projects. Place stricter

2096
02:55:31,200 --> 02:55:37,359
limitations on lighting provide a clear
definition of what constitutes

2097
02:55:35,840 --> 02:55:41,680
reasonable
restoration of property as a requirement

2098
02:55:39,359 --> 02:55:45,760
for decommissioning.
There are a couple of other things.

2099
02:55:43,760 --> 02:55:50,000
First, I urge the planning commission to
challenge seriously the objectivity of

2100
02:55:48,319 --> 02:55:55,120
the Berkeley group's recommendations
regarding comprehensive plan. It is not

2101
02:55:52,880 --> 02:56:00,160
their job to pro to protect Bodatakat
County's rural character. That's our

2102
02:55:57,359 --> 02:56:04,479
job. That's your job. And it might
interest you to know that according to

2103
02:56:01,680 --> 02:56:10,000
Open Secrets, the Berkeley Group's
claims of nonpartisanship are betrayed

2104
02:56:07,200 --> 02:56:14,640
by its political action committee. While
it does in fact make political donations

2105
02:56:12,319 --> 02:56:20,319
to both parties, there's a clear
preference for progressive politicians

2106
02:56:17,520 --> 02:56:28,640
according to records from the 2010,
2012, 2014, 2022, and 2024 election

2107
02:56:26,160 --> 02:56:31,520
cycles.
>> Thank you.

2108
02:56:29,600 --> 02:56:36,399
» I got one more little thing to say.
>> You got 10 seconds. And lastly, I'd like

2109
02:56:34,800 --> 02:56:43,439
to know if the planning commission is
aware that according to the Berkeley

2110
02:56:38,880 --> 02:56:49,520
Group's Arc GIS system, someone here has
apparently asked them to offer guidance

2111
02:56:45,760 --> 02:56:51,439
on a wind project in Bodat County.
>> Thank you.

2112
02:56:50,000 --> 02:56:56,240
» It's on their website.
>> Thank you.

2113
02:56:53,200 --> 02:57:01,600
Um I think Mr. Williamson, you're next
up.

2114
02:56:58,800 --> 02:57:06,160
» I'm gonna give him my time.
I don't think we can do that.

2115
02:57:04,319 --> 02:57:11,359
» It's cool. It's cool. I don't It's cool.
Let's do it. Six minutes. Six minutes.

2116
02:57:08,560 --> 02:57:16,720
Three minutes. It's all good. [snorts]
>> Mr. Williamson and Miss Beasley from the

2117
02:57:15,520 --> 02:57:19,359
» Amsterdam.
>> Amsterdam district. Fincastle district.

2118
02:57:18,560 --> 02:57:22,800
Amsterdam district.
>> I'm Tom Williamson from the Fincastle

2119
02:57:21,279 --> 02:57:28,240
District.
I know we've spoken a few times here

2120
02:57:24,800 --> 02:57:32,640
before about uh solar energy as well as
uh the policies here in place and while

2121
02:57:30,880 --> 02:57:36,720
the Berkeley group here has a lot of
good stuff in it. Sure, it could be

2122
02:57:34,560 --> 02:57:41,040
beefed up and there's a lot of
information there. It's 10 long, I could

2123
02:57:39,520 --> 02:57:46,479
sit here, I could talk to you guys about
soil all day if you really want me to.

2124
02:57:43,680 --> 02:57:51,359
So, I studied at Virginia Tech. Uh I'm a
successful farmer here in the county. I

2125
02:57:48,080 --> 02:57:58,640
was crop and soil scientist. um is a
very soils is a very difficult and uh

2126
02:57:54,479 --> 02:58:02,640
well thought out science. It really is.
Uh some of the stuff there that is very

2127
02:58:00,479 --> 02:58:06,880
good protecting high erodable land is a
phenomenal idea. It's very scientific.

2128
02:58:04,640 --> 02:58:10,000
It's tied to federal law. That way if
the overreaching state government tries

2129
02:58:08,399 --> 02:58:14,000
to come back at us, they have a really
hard time to do that. And this is if we

2130
02:58:12,479 --> 02:58:17,840
go ahead and have this put in the
applications when applications are

2131
02:58:15,600 --> 02:58:21,600
applied in most likely they would never
even get to this part uh to this

2132
02:58:20,000 --> 02:58:25,040
committee. It would end up being killed
at the administrative level which would

2133
02:58:23,040 --> 02:58:30,600
be phenomenal. It's one less thing we
have to send off to the SEC.

2134
02:58:27,600 --> 02:58:30,600
Um

2135
02:58:33,680 --> 02:58:37,520
» where are those prepared comments you
did five seconds ago?

2136
02:58:36,720 --> 02:58:41,040
» Say what?
>> Where's prepared comments you did five

2137
02:58:39,200 --> 02:58:45,120
seconds ago?
Uh, I was really expecting more of a

2138
02:58:42,960 --> 02:58:48,560
questions back and forth to help you
guys with. I'm more than willing to help

2139
02:58:46,880 --> 02:58:53,680
sit in any sort of meeting you guys
might have uh when we're speaking about

2140
02:58:51,120 --> 02:58:57,600
soils. You want to talk about farmland.
Um, all the farmland, all the soils in

2141
02:58:56,160 --> 02:59:01,520
this county have been mapped. They've
been mapped for a very long time. Uh,

2142
02:58:59,920 --> 02:59:04,319
now
certain things you might have to

2143
02:59:02,640 --> 02:59:07,920
actually go out to certain sites to kind
of see and go ahead and delineate

2144
02:59:06,240 --> 02:59:11,760
whether something is highly erodable or
not. But most of the soil in this county

2145
02:59:10,560 --> 02:59:16,479
would be either considered highly
erodable or prime farmland. Then you

2146
02:59:14,800 --> 02:59:20,960
also have land that's kind of unusable
for solar as well. Um like I said, this

2147
02:59:19,120 --> 02:59:24,160
is a very good base that we have
currently from the Berkeley Group. It

2148
02:59:22,800 --> 02:59:28,160
could be improved, Miss Hartman. I
really like a lot of the ideas that you

2149
02:59:25,840 --> 02:59:34,080
have. A lot of those could probably be
put into this as well. Um

2150
02:59:32,800 --> 02:59:37,840
I really just want to see if you guys
have any questions. Anything else I can

2151
02:59:35,600 --> 02:59:39,840
kind of clarify for you guys? I think we
will hold that till the next work

2152
02:59:39,120 --> 02:59:42,960
session. Yeah.
>> But thank you very much.

2153
02:59:41,279 --> 02:59:48,000
» Hopefully you'll be available for that.
>> Um

2154
02:59:45,279 --> 02:59:51,920
» talking about restoration of land, is it
possible to do it? Mr. Tyson was

2155
02:59:49,840 --> 02:59:56,319
speaking about that. Uh it can be done.
The question is it could get very

2156
02:59:53,920 --> 03:00:00,240
expensive very fast. It depends on
exactly what has happened there. No one

2157
02:59:58,399 --> 03:00:03,840
has a crystal ball to know what is going
to happen in 20 years at one of these

2158
03:00:02,000 --> 03:00:08,000
facilities. These facilities haven't
been around for 20 years. Uh, so we

2159
03:00:06,240 --> 03:00:12,800
could take a best guess, we can apply
science to it, uh, we could plan for the

2160
03:00:10,560 --> 03:00:16,800
worst, hope for the best. That's usually
the best uh, thing to do, at least for

2161
03:00:14,560 --> 03:00:21,920
the taxpayers of this county. Uh, we
shouldn't be putting any taxpayers at

2162
03:00:18,479 --> 03:00:25,600
any financial risk.
>> Thank you.

2163
03:00:24,399 --> 03:00:28,800
» I think you want to
>> I pretty well have it covered here. I'll

2164
03:00:27,200 --> 03:00:31,920
work with you guys any way that we can
with this. I'll speak to you guys after

2165
03:00:30,479 --> 03:00:39,600
the meeting, get you my contact
information. I give you these.

2166
03:00:36,240 --> 03:00:43,040
» I now have two. Oh, do you want to have
anything else, Miss Beasley?

2167
03:00:41,680 --> 03:00:47,200
» Are you okay? You want to Do you have
anything else?

2168
03:00:45,359 --> 03:00:52,720
» Ignore our technical people up here.
They're insufficient tonight.

2169
03:00:50,800 --> 03:00:56,720
» Yes, ma'am. If you You're on solar,
right?

2170
03:00:54,319 --> 03:01:00,560
» No, I'm just really go compliment the U
commission.

2171
03:00:57,840 --> 03:01:05,840
» Um Okay. Well, that's not on our agenda.
No, I'm let me close the public meeting

2172
03:01:03,359 --> 03:01:10,880
and then
>> I'm teasing I'm teasing you. Um, let me

2173
03:01:08,399 --> 03:01:16,920
double check with Mr. Clemens. Is Mr.
Clemens here? Want to talk about solar

2174
03:01:13,120 --> 03:01:16,920
and then we'll get to

2175
03:01:20,080 --> 03:01:27,359
» I was admiring the Dean Clemens Fastle.
I was admiring the view out of this

2176
03:01:24,399 --> 03:01:33,040
building here with Altech
and everybody talks about the views and

2177
03:01:30,479 --> 03:01:38,240
historical stuff. I bought a house in
Ashley when I first moved here up from

2178
03:01:34,960 --> 03:01:44,000
Florida, Orlando to get away from a lot
of stuff and I can imagine what it would

2179
03:01:41,840 --> 03:01:48,080
be on that first street now on Ashley
looking back over this at night with the

2180
03:01:45,920 --> 03:01:52,479
lights. I think that'd probably suck and
take a value from your house away. I

2181
03:01:50,560 --> 03:01:56,960
don't know about solar a lot about it as
other people do, but I did go to New

2182
03:01:54,160 --> 03:02:01,680
Leaf's uh presentation of Aaron Bquett's
place in downtown and they were kind

2183
03:01:59,920 --> 03:02:05,760
enough, I guess, to serve desserts and
coffee to everybody and New Leaf came

2184
03:02:03,439 --> 03:02:09,040
out and said what they were going to do,
how they're going to do it. And the

2185
03:02:07,200 --> 03:02:14,880
gentleman on the left there came through
some information real quick about the

2186
03:02:12,000 --> 03:02:21,359
bonds, the life cycle of it, about the
land. And it doesn't seem you guys have

2187
03:02:18,240 --> 03:02:24,720
enough education or me to make decisions
long term because there's only one

2188
03:02:22,880 --> 03:02:30,080
facility here and that was Amy White's
reclusal of our father's farm. I guess

2189
03:02:28,160 --> 03:02:34,880
that's what it was. So you don't have
enough history to learn that. So legally

2190
03:02:33,279 --> 03:02:39,920
when they're talking about bonds and
other stuff when we asked the question a

2191
03:02:37,279 --> 03:02:42,720
new leaf that night they had no answers.
So you'd say, "Well, what about this?" I

2192
03:02:41,439 --> 03:02:47,520
don't know. I'll get back with you. How
about this? We don't know. So lady

2193
03:02:46,080 --> 03:02:50,960
speaks tonight about putting it on
buildings. Well, you don't have enough

2194
03:02:49,279 --> 03:02:55,040
education on that. You other communities
do. And it seems like maybe you would

2195
03:02:53,279 --> 03:02:58,000
spend a little bit of time. It sound
like it was going to be a two-year

2196
03:02:56,240 --> 03:03:03,359
process or three-year process to build
these things to look at other options.

2197
03:03:01,200 --> 03:03:08,000
And why they did a 20-year then another
five and five behind it is this

2198
03:03:04,880 --> 03:03:12,319
technology with this goes away. The life
cycle of this goes away. And it seems

2199
03:03:10,640 --> 03:03:16,080
like you should put a lot of energy into
this. The thought process before you

2200
03:03:14,160 --> 03:03:20,479
move forward with anybody. What is the
impact? And the information he gave was

2201
03:03:18,720 --> 03:03:24,640
a, you know, there's 15 things there
that should probably be addressed on it.

2202
03:03:23,040 --> 03:03:28,640
You know, when I first came, you can't
say no to everything, but what impact is

2203
03:03:27,279 --> 03:03:32,160
it going to have and who's going to get
it? One of the things that I asked the

2204
03:03:30,160 --> 03:03:35,359
question that night and several people
here were in the meeting is they said,

2205
03:03:33,359 --> 03:03:38,880
"Well, it's going to be a co-op, so you
can join their little co-op. Well,

2206
03:03:36,640 --> 03:03:42,800
what's the return? What's the payouts?"
They didn't have the answer for it. I

2207
03:03:40,880 --> 03:03:46,960
don't still I still don't think we got
any information on it. So, just take

2208
03:03:45,120 --> 03:03:51,120
your time with it. Make sure you do
everything. You know, where's it going

2209
03:03:49,279 --> 03:03:55,920
to go? Who's going to benefit from it?
Sounds like a very small project. So,

2210
03:03:53,600 --> 03:04:00,800
that's all I got. Appreciate it.
>> Thank you. Anyone else want to speak on

2211
03:03:58,640 --> 03:04:03,600
the solar?
>> Yes, sir. Did you could you mind feeling

2212
03:04:03,200 --> 03:04:07,840
out?
>> Sorry, I wasn't going to.

2213
03:04:06,240 --> 03:04:11,840
Usually I'm loud enough you can hear me
without the microphone, but

2214
03:04:09,840 --> 03:04:18,000
» can we'll go from there. My name is
Shannon Turner. I'm from the Blue Ridge

2215
03:04:14,560 --> 03:04:25,600
District. Um, just a couple of
questions. If I were sitting up there in

2216
03:04:20,960 --> 03:04:30,960
your seat, I would want to know. Um, you
all seemed a little surprised when Mark

2217
03:04:28,399 --> 03:04:36,800
Tyson had mentioned that there was a
proposal from Williamson Alderson. If

2218
03:04:33,680 --> 03:04:40,720
that wasn't presented to you, I would
have some deep questions about our

2219
03:04:38,720 --> 03:04:45,760
administration about why you didn't have
that. Okay. Um, it seems very valid in

2220
03:04:44,479 --> 03:04:49,040
something there.
>> I don't know if you got it or not, but

2221
03:04:47,279 --> 03:04:52,240
you all seemed a little bit surprised
when it was brought up that it wasn't

2222
03:04:50,720 --> 03:04:57,520
mentioned in there what that proposal
was. Secondly, the administration did a

2223
03:04:55,279 --> 03:05:03,840
very good job of showing you what you
couldn't touch. Okay? But they didn't

2224
03:05:00,800 --> 03:05:09,760
show you what you can touch.
and they didn't show you what you can

2225
03:05:06,160 --> 03:05:15,920
say no to. One line I read in there is
says you must listen to special

2226
03:05:13,040 --> 03:05:22,640
exemptions. Okay? Doesn't mean you
cannot say no to special exemptions.

2227
03:05:19,040 --> 03:05:28,640
Okay? So, please do not be mandated by a
bureaucracy in Richmond

2228
03:05:26,000 --> 03:05:33,439
that is wholesaling these western
counties out

2229
03:05:30,560 --> 03:05:38,319
um as a whole. Um, you've got a hard
job. I know you do. And I know you're

2230
03:05:35,840 --> 03:05:45,359
not paid for it. Uh, you catch it both
ways. Um, I feel very I would be very

2231
03:05:42,399 --> 03:05:50,479
upset right now if I had 100 days and I
just got my information

2232
03:05:47,520 --> 03:05:54,880
60 days into it. I think those are
questions that you need to be asking why

2233
03:05:52,240 --> 03:05:59,840
that is happening. Um, if they're giving
you that information to do because you

2234
03:05:58,160 --> 03:06:05,200
it's your stewardship that's going to
protect this county. I I'm not saying

2235
03:06:02,000 --> 03:06:11,920
I'm for or against solar, for or against
growth. It needs to be appropriate.

2236
03:06:08,319 --> 03:06:16,479
Okay? If I have a 100 head of cattle on
something that's not prime farm ground,

2237
03:06:13,600 --> 03:06:22,319
is it still prime agricultural ground?
That means I butchered that agricultural

2238
03:06:18,399 --> 03:06:26,399
ground. To me, it is. Just because it's
not prime dirt doesn't mean it's not

2239
03:06:24,479 --> 03:06:31,600
prime growth. And your 100 cattle that's
on that ground is still prime.

2240
03:06:30,000 --> 03:06:36,800
You should be able to protect our
agricultural ground for what it is

2241
03:06:33,840 --> 03:06:41,200
because it has its use just because it's
not growing the corn. You got what's

2242
03:06:39,520 --> 03:06:47,520
sitting on it that's taking the corn off
the other field to live and it makes it

2243
03:06:45,279 --> 03:06:51,120
pretty pretty astute for those farmers
that we do that that we got to protect

2244
03:06:49,600 --> 03:06:57,120
it and protect their livelihood with
that. So that's what I would say there.

2245
03:06:53,840 --> 03:07:03,200
I think that a solar farm that is
producing the amount of energy for

2246
03:06:59,680 --> 03:07:08,160
business and sales is no longer
agricultural. It's a business.

2247
03:07:05,439 --> 03:07:12,800
Therefore, it becomes more of of a
industrial site than an agricultural

2248
03:07:10,160 --> 03:07:17,279
site and we should be very careful with
our special exemptions on allowing them

2249
03:07:15,279 --> 03:07:21,760
to go on agricultural ground.
>> Thank you, Mr. Turner.

2250
03:07:19,040 --> 03:07:27,399
» Thank you.
hearing on the solar item. Um

2251
03:07:27,520 --> 03:07:35,840
I think we are to the point that we need
a

2252
03:07:32,240 --> 03:07:40,640
motion on this action. I would have a
suggestion for the commissioners to

2253
03:07:37,680 --> 03:07:45,279
consider as we think about timing for
this.

2254
03:07:42,240 --> 03:07:48,960
We agreed in the work session or the
previous work session to have an

2255
03:07:47,040 --> 03:07:53,120
extended work session at the September
meeting.

2256
03:07:50,479 --> 03:07:58,720
Um, I just kind of worked out a timeline
as we were talking about that.

2257
03:07:56,640 --> 03:08:02,880
One thought that I had that you guys may
or may not agree with and staff may or

2258
03:08:00,800 --> 03:08:08,880
may not be able to do it. I haven't
brought this up. that just came to me

2259
03:08:05,200 --> 03:08:15,359
were was to do a specific comp plan
update solar survey like we did when we

2260
03:08:12,319 --> 03:08:19,439
wrote the comprehensive last update. Mr.
Tyson and Mr. Hartman may not have been

2261
03:08:17,439 --> 03:08:24,800
integrately involved in that, but Mr.
Lucas was. If we did that and then we

2262
03:08:22,319 --> 03:08:30,640
had a follow-up work session in October
to look at those results and continue to

2263
03:08:27,520 --> 03:08:38,080
discuss this, I think we would need
approximately 120 days to work through

2264
03:08:34,000 --> 03:08:43,680
all that. So, if we were to make a
motion to deny and ask for more time, my

2265
03:08:41,200 --> 03:08:48,319
suggestion is if whoever is in agreement
with that, we use 120 days as a

2266
03:08:46,800 --> 03:08:52,560
guideline
um for the requested time of extension.

2267
03:08:50,880 --> 03:08:55,200
» How close is that to the November
deadline?

2268
03:08:53,279 --> 03:08:58,640
» Just past, isn't it?
>> What I was going to suggest, I mean, and

2269
03:08:57,040 --> 03:09:02,960
Mr. Lockby, correct me if I'm wrong, the
board can authorize longer than 100 days

2270
03:09:00,560 --> 03:09:06,560
if they want on a text amendment. So,
could we not align it just with that

2271
03:09:04,720 --> 03:09:10,000
November date to have that finalized
then as well? You can have your work

2272
03:09:08,399 --> 03:09:13,920
session in September. You could meet
again in October. You'd have multiple

2273
03:09:12,479 --> 03:09:19,439
months to work on it. I'm not sure if
that's something we can do or not.

2274
03:09:17,200 --> 03:09:25,200
» Generally speaking, zoning amendments
are when they're referred by the board

2275
03:09:22,000 --> 03:09:29,279
of supervisors or it's 100 days unless
the board of supervisors holds a public

2276
03:09:27,120 --> 03:09:33,600
hearing and gives the commission less
time. Our ordinance actually does enable

2277
03:09:31,439 --> 03:09:35,920
the board to take action to extend the
timeline.

2278
03:09:34,000 --> 03:09:39,680
» Extend. Okay. and and you may just want
to throw it by the end of the year if I

2279
03:09:37,840 --> 03:09:44,640
mean I I understand the importance and
relevance of this but if it gives you a

2280
03:09:41,680 --> 03:09:49,359
little bit of time
in there because if you you know then we

2281
03:09:46,640 --> 03:09:55,920
don't have to do a lot of mathing
um you can consider that or November or

2282
03:09:52,240 --> 03:09:59,680
as soon as your next meeting just in the
event you know we we don't generally

2283
03:09:57,920 --> 03:10:04,560
always meet every month and so just
something to keep in mind that will give

2284
03:10:01,120 --> 03:10:07,840
you flexibility um if you wanted
Okay.

2285
03:10:05,600 --> 03:10:12,560
» Yeah, it's not later than November 30
for the uh comp plan. In my mind, if you

2286
03:10:11,120 --> 03:10:15,920
wanted the comprehensive plan, if you
wanted to do a survey, which is totally

2287
03:10:14,160 --> 03:10:18,960
within the realm of possibility, you
would probably just want to go ahead and

2288
03:10:17,120 --> 03:10:21,200
have both those things done at the same
time and consider changes to the zoning

2289
03:10:20,640 --> 03:10:25,040
ordinance.
>> I think that they do need to go hand in

2290
03:10:23,120 --> 03:10:29,600
hand. Yeah, I think
>> but you're saying it would be unusual to

2291
03:10:27,120 --> 03:10:34,000
ask for it for December or is that I
mean that gives us a lot more time to

2292
03:10:31,279 --> 03:10:37,520
» I think getting as much comment as we
can

2293
03:10:34,399 --> 03:10:39,520
» to consider them to give you until
December to work on both of them.

2294
03:10:39,040 --> 03:10:44,240
» Yeah,
>> if you wanted to do that.

2295
03:10:42,479 --> 03:10:49,840
» My other suggestion was going to be to
the planning commission and I suppose it

2296
03:10:47,920 --> 03:10:53,200
could be to anybody here. My
recommendation was going to be that we

2297
03:10:51,200 --> 03:10:59,439
also do like we did as we were reviewing
comp plan chapters. Each commissioner

2298
03:10:56,000 --> 03:11:03,920
took that rough draft, made notes on it,
and y'all compiled it so that when we go

2299
03:11:01,840 --> 03:11:07,680
into the next work session, we all don't
have to sit there and give you our

2300
03:11:05,120 --> 03:11:12,800
litany. You have the table of this
change, this change, this change. Each

2301
03:11:09,520 --> 03:11:16,319
of us have already given it to you. Um
it would might make that more organized.

2302
03:11:15,279 --> 03:11:20,399
» Sure. Yeah, we can do that.
>> If you if you all would be willing to do

2303
03:11:18,000 --> 03:11:25,680
that. Yeah. Um
>> I I I would like to say something

2304
03:11:22,240 --> 03:11:29,840
though. The second solar facility that
special exception permit that came

2305
03:11:27,439 --> 03:11:34,720
before us, we delayed it for 90 days.
You remember that? And what happened in

2306
03:11:32,319 --> 03:11:37,359
those 90 days? Nothing.
>> They withdraw

2307
03:11:36,640 --> 03:11:41,520
» nothing.
>> One withdrew and then one was denied at

2308
03:11:40,160 --> 03:11:46,080
that joint public hearing. Right.
>> Right. But but in that 90-day period

2309
03:11:44,080 --> 03:11:50,720
that we were supposed to basically
utilize to address that, nothing

2310
03:11:49,359 --> 03:11:54,960
happened.
>> We just it came before us 90 days later.

2311
03:11:53,359 --> 03:11:57,120
» Sure. And that was totally up to the
applicant to make any changes.

2312
03:11:56,640 --> 03:12:00,640
» Excuse me.
>> That was totally up to the applicant to

2313
03:11:58,560 --> 03:12:04,160
make any changes to their facility. I
can't force them to make changes to then

2314
03:12:03,040 --> 03:12:07,279
present to you all. This is the
opportunity for you to make these

2315
03:12:05,279 --> 03:12:12,800
changes and give you plenty of time to
do it, too. I I think that 90 days was

2316
03:12:10,319 --> 03:12:17,040
good to Mark because it gave us time to
really think about it. We didn't think

2317
03:12:14,640 --> 03:12:20,880
about it as a group.
>> We didn't do anything,

2318
03:12:18,160 --> 03:12:25,520
» but not anything on paper, but it sure
gave me time to think about it. I was

2319
03:12:22,640 --> 03:12:30,439
new. You was new on the board. Okay. So,
so this this solar text amendment

2320
03:12:30,479 --> 03:12:38,319
60 days was spent by this um 60 days
passed for this consulting firm on this

2321
03:12:36,800 --> 03:12:43,920
subject.
But we're going to now

2322
03:12:40,800 --> 03:12:47,600
conclude everything on this entire
complex matter and how many hours would

2323
03:12:47,120 --> 03:12:52,160
we have?
>> So, Mr. Tyson, if I may, I think you're

2324
03:12:49,600 --> 03:12:56,399
missing the point. I if if I can be so
bold, it sounds like you all are willing

2325
03:12:53,920 --> 03:13:01,840
to deny this to give yourself more time.
We were given a 100 days. We can't very

2326
03:12:59,600 --> 03:13:05,600
well consult everybody that lives in
Bodatak County, the four of you, anybody

2327
03:13:04,319 --> 03:13:09,040
that has an interest in a solar
facility, and then present something to

2328
03:13:06,880 --> 03:13:12,880
you in 100 days. This is about as good
as it's going to get in 100 days. That's

2329
03:13:10,560 --> 03:13:16,160
why we went with a consultant to who
knows the state code to provide changes

2330
03:13:14,720 --> 03:13:21,200
to the this ordinance.
>> Yes. But if you came to the comm

2331
03:13:18,640 --> 03:13:25,359
commission and said, "Hey,
this might be a good way to do it. Why

2332
03:13:23,040 --> 03:13:29,040
don't you let us bring in a
>> because I'm not sitting around looking

2333
03:13:27,120 --> 03:13:33,279
for just solar." Do you know do you
misinterpret what our job is? Do you not

2334
03:13:31,040 --> 03:13:37,439
realize that we're doing reviews and
answering phone calls and

2335
03:13:35,200 --> 03:13:41,520
» I I I know your job is very important
and you got a lot of important issues on

2336
03:13:39,600 --> 03:13:44,960
your docket and all of that, but we're
dealing on one issue here that's

2337
03:13:43,120 --> 03:13:48,960
transformative for the entire county.
need to have more time to consider this

2338
03:13:46,960 --> 03:13:53,040
issue. You keep trying to say that this
is going to happen in 10 minutes. That's

2339
03:13:50,960 --> 03:13:56,560
not what's happening. Everybody up here
wants to give you specifically more

2340
03:13:54,880 --> 03:14:00,960
time. Why are you trying to throw it
back in our faces?

2341
03:13:58,160 --> 03:14:05,680
» I am trying to understand after today's
meeting what's going to happen, what's

2342
03:14:03,279 --> 03:14:08,640
going to allow us to basically work on
this.

2343
03:14:06,720 --> 03:14:11,200
» It seems like nothing will happen until
we get together next month in a work

2344
03:14:10,800 --> 03:14:16,160
session.
>> No, that's not Hold up. Time out. That's

2345
03:14:13,200 --> 03:14:22,000
not what I said. If between now and
September, all of us individually review

2346
03:14:19,600 --> 03:14:27,920
this and make our comments and submit
them to staff. If you want them to come

2347
03:14:24,239 --> 03:14:32,640
through me, I can submit them to staff.
Um, it doesn't matter. Make your

2348
03:14:30,080 --> 03:14:36,880
individual comments, submit it to staff.
They're going to compile an entire

2349
03:14:34,399 --> 03:14:39,439
document of all those comments just like
we did when we reviewed the

2350
03:14:38,000 --> 03:14:43,120
comprehensive plan. That's going to
happen in the next 30 days. So the

2351
03:14:41,279 --> 03:14:47,840
faster you get your comments to staff,
the more they can compile them for us.

2352
03:14:45,279 --> 03:14:52,560
Then at that work session, we'll figure
out what we want to do. Perhaps we will

2353
03:14:49,920 --> 03:14:57,680
solicit a public input by survey. Maybe
we will do it another way. Then we will

2354
03:14:55,040 --> 03:15:01,680
plan a work session in October.
Perhaps we will be to a point we can

2355
03:14:59,200 --> 03:15:06,239
finalize something. Perhaps we won't.
But to Mr. Lucas's point, if we do ask

2356
03:15:04,080 --> 03:15:10,880
for the end of the year, that gives us
flexibility instead of I was trying to

2357
03:15:08,319 --> 03:15:13,760
pigeon hole us and do 120 days,
>> say to the end of the year, it gives us

2358
03:15:12,239 --> 03:15:19,359
a lot more flexibility.
>> And we already setting aside an entire

2359
03:15:16,319 --> 03:15:24,080
meeting on in September to have this
compiled what you what we each have and

2360
03:15:22,000 --> 03:15:27,680
go over it and we can discuss each one
of these items. Most of the comments

2361
03:15:26,479 --> 03:15:31,920
that we're hearing we're all in
agreement with. We don't I mean that's

2362
03:15:29,600 --> 03:15:36,319
why staff talked to the Berkeley group
and said make it as strict as you can

2363
03:15:33,600 --> 03:15:41,520
because we did give them that guidance
as a group and said we want it we don't

2364
03:15:39,279 --> 03:15:47,439
want it to be halfhazard and go
anywhere. We're all in favor of not

2365
03:15:44,720 --> 03:15:52,800
having our county covered with solar
power panels. I mean but is there a

2366
03:15:50,239 --> 03:15:58,000
place for them? And how do you do it? If
the state is now making us do certain

2367
03:15:55,120 --> 03:16:03,200
requirements, we do have to change our
code to make that match. That's not an

2368
03:16:00,960 --> 03:16:09,040
option. It's you have to do it. Now,
that's why we suggested changing the

2369
03:16:05,040 --> 03:16:13,920
code colors to this has to be done. If
it's a has to be done, it has to be

2370
03:16:11,359 --> 03:16:18,560
done. I don't like some of the has to be
done. I didn't vote for that bill, but

2371
03:16:16,640 --> 03:16:24,080
it has been voted on and we have to
change our code and make it match up

2372
03:16:20,960 --> 03:16:27,840
with state code. It is what it is.
There's a lot of other things that we

2373
03:16:25,600 --> 03:16:33,279
can talk about as far as how to improve
this to make it more stringent if that's

2374
03:16:30,479 --> 03:16:40,399
our preference and that is certainly
mine, but again, we need to start from

2375
03:16:38,000 --> 03:16:45,359
somewhere. And I don't know that I could
have gone through every inch of this

2376
03:16:41,920 --> 03:16:50,080
code like that um group did and give me
these specific details to one change the

2377
03:16:48,399 --> 03:16:55,200
code to match up with what it's supposed
to legally do and two add some very good

2378
03:16:53,279 --> 03:17:01,359
insight and some good planning I think
in here but we can make it better if we

2379
03:16:57,840 --> 03:17:05,200
take the time to look at it.
Madam Chair, may I provide a little bit

2380
03:17:03,200 --> 03:17:10,319
of context and clarification because I
it might be valid for the folks who are

2381
03:17:08,080 --> 03:17:13,760
new on the planning commission as well
as some of the folks in the audience to

2382
03:17:11,920 --> 03:17:18,000
understand. The way that we are going
about this text amendment is not

2383
03:17:15,680 --> 03:17:22,239
typical. It is not how we normally do
things. It is not how I would have

2384
03:17:19,520 --> 03:17:26,560
wanted to do things. Um I haven't seen
the draft amendments that were presented

2385
03:17:23,920 --> 03:17:31,120
to the board of supervisors. I have it
did not come through the planning

2386
03:17:28,239 --> 03:17:35,760
commission by way of a formal file
through staff the way text amendments

2387
03:17:33,439 --> 03:17:39,359
are typically filed. Attorneys talk to
attorneys.

2388
03:17:37,279 --> 03:17:44,160
Planners talk to planners. Planners hope
to talk to citizens. So there is

2389
03:17:41,120 --> 03:17:50,000
information that we did not have to be
able to share it with you. Um so so I

2390
03:17:47,439 --> 03:17:55,760
just want you to know that what we did
was take the best information that we

2391
03:17:52,720 --> 03:17:59,279
had. We also took what we got everything
from the board packet and sent to the

2392
03:17:57,359 --> 03:18:02,399
Berkeley group. Another point of
clarification, there apparently there

2393
03:18:00,880 --> 03:18:07,439
must be multiple Berkeley groups out
there because the one that we are using

2394
03:18:04,880 --> 03:18:11,760
does not advocate for solar. They are
purely work with public bodies and local

2395
03:18:09,600 --> 03:18:16,239
governments. So I would like to get the
folks who have that information to help

2396
03:18:13,520 --> 03:18:20,000
me understand what what is what we're
seeing. I don't want to clarify that

2397
03:18:18,160 --> 03:18:24,960
misconception if that is existing and if
there is a problem then we want to get

2398
03:18:21,359 --> 03:18:29,359
to the bottom of it for sure. Um and we
want to be able to provide the

2399
03:18:26,399 --> 03:18:34,560
opportunity for Mr. Williamson or you
know anybody in the audience or any of

2400
03:18:31,439 --> 03:18:39,840
you all to work with us the way that we
would like you all to come and and we

2401
03:18:37,520 --> 03:18:43,760
can set up two by two meetings. we we
can work to with the Berkeley group to

2402
03:18:42,080 --> 03:18:48,080
help make this process the way that you
want it to be so that at the end of the

2403
03:18:45,520 --> 03:18:51,600
day you get the best re ordinance that
you all feel comfortable recommending

2404
03:18:49,520 --> 03:18:57,120
that the board can then ultimately you
know make a decision on and we're here

2405
03:18:53,359 --> 03:19:01,359
for that but we are as Mr. McCoy, you
know, has spoken responsible for

2406
03:19:00,000 --> 03:19:06,399
hundreds of things that we do
day-to-day. And so using a group that we

2407
03:19:03,920 --> 03:19:10,720
already have on retainer, that we
already consult with, that we already

2408
03:19:08,000 --> 03:19:14,160
contract with was the only way we were
going to be able to get anything to you

2409
03:19:12,000 --> 03:19:17,840
all within that 100 day timeline at all.
And so we really were hoping that we

2410
03:19:15,920 --> 03:19:21,120
were doing the best thing at the time.
And I wanted you all to understand how

2411
03:19:19,439 --> 03:19:25,359
we got here. But it is very different
from how we've ever gotten here before.

2412
03:19:23,279 --> 03:19:28,960
And if there's an opportunity for us to
get back to the public process to start

2413
03:19:27,279 --> 03:19:32,319
to have these conversations, have the
folks who have reached out and

2414
03:19:30,720 --> 03:19:36,560
communicated with others also
communicate with us help you get that

2415
03:19:34,319 --> 03:19:41,520
information. Utilize the Berkeley Group
as a tool to do that. Um, I think that

2416
03:19:39,840 --> 03:19:45,600
that might go a long way to get to the
end. And again, not something that we

2417
03:19:43,040 --> 03:19:49,680
could have done in 100 days for sure.
>> Thank you for that.

2418
03:19:47,680 --> 03:19:54,720
I will now entertain a motion on this
package.

2419
03:19:51,359 --> 03:19:58,880
And I could make the motion that we um
deny the current um

2420
03:19:57,760 --> 03:20:03,680
» it's up there now.
>> Oh, thank you. Um let's see. I move that

2421
03:20:02,080 --> 03:20:06,239
the text amendments to the BA County
zoning ordinance be forward to the board

2422
03:20:04,960 --> 03:20:12,479
of supervisors with the recommendation
of denial. Um based on zoning ordinance

2423
03:20:09,600 --> 03:20:17,439
article 5, division six, the following
items have not been satisfied and that

2424
03:20:14,640 --> 03:20:21,680
is that we didn't have enough time. Um
we are asking for a recommend or a um

2425
03:20:21,040 --> 03:20:29,439
» extension
>> extension of our decision to um also

2426
03:20:27,040 --> 03:20:34,960
potentially extend the review of the
comprehensive plan section as well and

2427
03:20:32,720 --> 03:20:39,520
make that before the end of the year as
opposed to the November 30th deadline.

2428
03:20:37,920 --> 03:20:44,080
» Thank you. Is there a second?
>> I second it.

2429
03:20:40,960 --> 03:20:50,080
» Second by Mr. Hartman.
>> All in favor say I. I opposed. Motion

2430
03:20:48,000 --> 03:20:56,720
carries unanimously.
Um, next item is a comment from Miss

2431
03:20:54,080 --> 03:21:02,040
Beasley because she's been wrapped up in
a blanket all night and I too am

2432
03:20:58,239 --> 03:21:02,040
freezing. So,

2433
03:21:16,399 --> 03:21:21,600
» okay.
>> What is it?

2434
03:21:19,120 --> 03:21:27,279
» I think
>> it's working now. Okay.

2435
03:21:24,479 --> 03:21:31,120
All right. Jane Beasley, Amsterdam. I
was so excited this evening to address

2436
03:21:29,439 --> 03:21:36,800
you all and I thought it was just going
to come under public comments and agenda

2437
03:21:34,080 --> 03:21:45,439
items and there wasn't an agenda there
and I hadn't previewed so I'm guilty. Um

2438
03:21:41,120 --> 03:21:50,560
I just want to thank you all. Um you're
giving citizens hope. It's nothing wrong

2439
03:21:48,720 --> 03:21:55,520
with disagreeing.
Debate it just like you did in the last

2440
03:21:53,120 --> 03:22:01,600
meeting. Yes, that was a healthy
discussion. But that's okay. You all got

2441
03:21:58,720 --> 03:22:08,479
through it and so forth and we
appreciate it.

2442
03:22:04,000 --> 03:22:14,000
I find it appalling what Mark So I'm so
basically what I said tonight and go on

2443
03:22:11,279 --> 03:22:19,439
complimenting you is out of the out the
window. I find it appalling what Mark

2444
03:22:16,960 --> 03:22:26,160
shared with us tonight.
And I find it even more appalling that

2445
03:22:22,399 --> 03:22:33,600
the county can keep him from contacting
anyone in county government.

2446
03:22:30,239 --> 03:22:38,880
I I just don't get that.
This is the United States of America for

2447
03:22:35,840 --> 03:22:45,680
crying out loud and to have a deputy
come in there intimidate him like they

2448
03:22:40,960 --> 03:22:50,239
did. We all witnessed it. We saw it.
That's not the democracy that we want

2449
03:22:48,080 --> 03:22:54,800
and certainly not what we want here in
Bodtat County. And then

2450
03:22:52,640 --> 03:23:00,000
» Hey, thank you, Miss Beasley. I'm I'm
sorry. I can't I we can't continue to

2451
03:22:57,359 --> 03:23:06,560
talk about that because I'm sorry. Thank
you. I appreciate that, but um yeah, we

2452
03:23:05,279 --> 03:23:11,760
don't we don't we don't have open
general comments in the planning

2453
03:23:08,800 --> 03:23:15,040
commission meeting. It's okay. I took
sympathy cuz I you know, you were

2454
03:23:13,120 --> 03:23:21,600
freezing.
Um

2455
03:23:17,520 --> 03:23:26,960
um I think that is the end of Yes,
that's the end of our agenda. Um anybody

2456
03:23:25,279 --> 03:23:28,479
have a motion for adjournment?
>> Sure.

2457
03:23:27,200 --> 03:23:31,040
» Motion to
>> motion by Mr.

2458
03:23:30,479 --> 03:23:36,479
» Second.
>> Mr. Hartman, second by Mr. Lucas. All in

2459
03:23:33,439 --> 03:23:43,080
favor say I. I. Opposed. Thank you.
Carries unanimously. Thanks everybody

2460
03:23:38,160 --> 03:23:43,080
for sticking out in a long meeting.