Darlington County Planning Commission Page 17 of 17

MINUTES – September 20, 2016

DARLINGTON COUNTY PLANNING COMMISSION

MINUTES -- September 20, 2016

5:30 p.m.

Darlington County EMS/Annex

In compliance with the Freedom of Information Act, a copy of the agenda was provided to the local news media and persons requesting information.

Present: Chad White, Dist. 4 (Chair) Larry “Frankie” Jernigan, Dist. 8

Mike Sprott, Dist. 1 (Vice Chair) Ralph Segars, Dist. 7

Travis M. Bishop, Dist. 6 Wes Woodard, Dist 5

Kevin N. Brown, Dist. 2

Absent: Unseated Commissioner, Dist. 3

Staff: Terri Cribb, Director, Development Svcs Wayne Yarborough, Planner II

Paula Newton, Planner III Julie Ritz, Planner I

Community Members who spoke before the Commission:

Betty Griggs Nolan Johnson

Sharon Griggs Laura McPhail

William Griggs Leslie Peterson

Hal Johnson

Community Members:

I. CALL TO ORDER – Chairman Chad White called the regularly scheduled meeting of the Darlington County Planning Commission to order on Tuesday, September 21, 2016 at 5:30 p.m.

II. PLEDGE OF ALLEGIANCE – All stood and recited The Pledge of Allegiance to the Flag of the United States of America.

III. CITIZEN’S COMMENTS
(Maximum of 2 minutes per citizen; 30 min. total)

Chairman White stated that The Planning Commission would not be voting for or against the proposed solar farms. He stated they would hear Citizen’s Comments. He stated the Planning Commission may hear some information and consider recommendations on changing Article 19, the Renewable Energy Ordinance.

Chairman White called for those who wished to address the Commission during Citizen’s Comments.

Laura McPhail introduced herself, and Chairman White recognized her. Laura McPhail, 3917 E Old Camden Rd, stated the following:

§ She lives outside the 500’ notification area and did not receive a notification letter.

§ The notification area should be greater than 500’.

§ Notification should go out much sooner than it did.

§ Education and information about the proposed development should be included.

§ She is opposed to the proposed Solar Farm.

§ During Personal Appearances, she asked to be heard again, and Chairman White recognized her. She stated that the solar farm representative said at a previous meeting that mercury was contained in everyday appliances. She stated that a scientist stated that the mercury is contained, just like in a microwave. She stated that the 1’ per year infiltration rate would not allow containment if the solar panels were to drip into the soil.

Nolan J. Johnson introduced himself, and Chairman White recognized him. Nolan J. Johnson, 2403 Bethlehem Rd (Byrdtown Community), addressed the Planning Commission with the following points:

§ The proposed solar farm was less than 700’ from his front door.

§ Their residence is greater than 500’ from the proposed solar farm.

§ The distance from the farm to his front door is about the same distance as baseball player hitting a home run over 500’(nearly every night) and a 167 yard Par 3 hole on most golf courses (that even bad players can probably get every now and then).

§ The ordinance is the specific issued, and he would talk to his Council Council representative at a later date.

§ He and his wife were raised in the Byrdtown Community, went to school and church there.

§ They had moved away, but moved back a little over 3 years ago.

§ This location put them closer to family, friends, church, and jobs.

§ He was shocked, like other residents of the area, when he heard the news.

§ They have known the landowners all of their lives.

§ The landowners knew they would have opposition, which is why notification went out so late.

§ Knowing they would have opposition, they also knew this was not the appropriate location.

§ This is “downtown Byrdtown”, a farming community and a place to raise families.

§ He has talked to other people in Darlington County who were unaware that solar farms are “going up all over the county.”

§ The solar panel representatives will tell you the good things about solar farms:

§ Tax Credits

§ Cut down on the Greenhouse Effect

§ How they will save money on the power bill

§ There are other landowners around the County who are waiting to see if the solar farms are approved so they can put the farms on their property.

He asked the Planning Commission to take all of these things into account when making any decisions regarding solar farms.

Betty Griggs introduced herself, and Chairman White recognized her. Betty Griggs read a prepared statement. In her statement, she stated that she and her husband, James Robert Griggs, Sr., were two of the people leasing the property for IS 100. She stated that they have withdrawn their names from the lease agreement before the Due Diligence Date of November 1, 2016, as they didn’t feel this is a wise investment. The income was badly needed in this depressed agrarian economy. She gave the following reasons:

§ Lance Roddy of Innovative Solar had not provided them with a copy of the lease until after her call on September 16, 2016, after months of the Grigg’s requesting their copy signed March 23, 2015. Although the Griggs should have asked for a copy, it was not professional for the lease company or the attorney’s offices to not have provided copies to all the parties.

§ There were too many unknowns, hazards and potential health risks.

§ They were uncomfortable with several sections in the lease agreement.

§ The subrogation clause was too broad, such as the following points:

§ The lessee has the right to sublet without prior consent of the leasor

§ The lessee may borrow funds against the premises are collateral, without the lessor’s input.

§ Company borrowing against the property,

§ No claims for damages for fire, explosion, etc. can be brought against the Solar Farm company for property one, in, or about the premises.

§ The agreement has a strong defensive connotation toward Innovative Solar.

§ They could not and would not jeopardize their grandchildren’s current home investments.

§ The community is very close and there is enormous concern about having a “power plant” in the neighborhood.

§ Although the income is greatly needed and very beneficial because of the depressed farming economy over the last several years, in good conscience they cannot support this project.

She thanked the Planning Commission, Chairman White thanked her.

James R. Griggs, Jr. introduced himself and his wife, Cindy. Chairman White recognized Mr. Griggs. Mr. Griggs stated that he and the Chapman’s were still interested in the proposed solar farm going on their properties. He stated he thought it was a good thing. He stated they did not want to put the solar farm on their properties to make anyone mad or to hurt anyone. They did not approve of something different. They would leave the decision in the Planning Commission’s hand. Mr. Griggs thanked the Planning Commission, and Chairman White thanked him. He also requested to be heard at Personal Appearances, and Chairman White recognized him. He stated he would like to know how much of the chemicals were in the solar panels. He stated that just like warnings on medications which help to protect people, he wondered if the solar panel information would do the same thing. He stated that this information could be just like the apple scare in the 1980’s (apples were bad for you and could cause cancer). Later information concluded that it would take 1,000,000 apples a day. He thanked the Commission again, and Chairman White thanked him.

Mr. Leslie Peterson introduced himself, and Chairman White recognized him. Mr. Peterson lives at 3600 Byrdtown Road. He stated the following:

§ He received a letter two weeks ago regarding the solar farm, and he felt it said something different than what he subsequently found out.

§ He stated Ms. McFarland came to his house and showed him a map where the proposed solar farm would be located.

§ He stated it was very near his house.

§ He moved there to retire and spent quite a bit of money last year getting it into the condition it is in.

§ He didn’t think there was enough background and research as to the health hazards this is going to have 5-10 years from now.

§ He think that more research should be done on the health hazards toward humans, as well as the future impacts on ponds, wildlife, etc. before they are approved.

He thanked the Planning Commission, Chairman White thanked him.

During Personal Appearances, Sharon Griggs, of 2435 Mockingbird St., asked to be heard, and Chairman White recognized her. She read a prepared statement, which includes:

§ She has contemplated the solar farm issue for the last few weeks after she was made aware of the proposal. She has educated herself on numerous issues.

§ The issue was not necessarily over electricity.

§ In her opinion, “the heart of the matter isn’t providing a product for consumers the true goal is to provide an extravagant lifestyle for a faceless man from Innovative Solar.”

§ This “faceless man” has convinced himself that he is savvier than the average man, especially the “rural hicks of Byrdtown, or the countrified Darlington County. In essence, these ‘bovine’ people can never be intelligent enough to investigate and challenge an authority.”

§ “This man does not have integrity (and) should show his face to address their concerns.”

§ Over five hundred fifty (550) concerned citizens have signed a petition.

§ They “aren’t wearing rose colored glasses: If it sounds too good to be true, then it probably is”.

§ “This entrepreneur is seasoned, trying to use the free money that the government is giving out in subsidies”.

§ She felt like he was “actually clever, ruthless, and unconscionable to play on the weaknesses of people needing money, with his money being guaranteed, and the landowner’s money not being guaranteed and the promises to bolster weak seasons.” Her family is the landowner, and they thank God for the rain that day.”

§ She went on to say, “We the commoners are guaranteed an eyesore that may possibly contribute to” the other things that “poison our environment”.

§ Upon the “sale of the farm, this Innovative Solar man will be scott-free and her family, speaking for the Griggs, would be left to live with the unattained money goals, broken friendships, loss of peer respect, a field that resembles a Star Wars movie set, instead of open farm land.”

§ She stated that they had listened to the history of the development of resources to produce electricity. She stated the only problem was the key objective to each of these industries was left out: their development has actually been to produce electricity, not pad a person’s pockets with government money.

§ She stated that the power point showed that there would be no burden on the community, but in essence no jobs will be provided. She likened it to the self-checkout lanes at Wal-Mart, maybe that will boost their lagging profits. She also stated that it was like shutting down more coal power plants, causing hundreds more jobs lost.

§ She stated that her husband works with an excess power by-product that is produced by that industry, and that power companies don’t want to buy it. So, that should be shut down, too.

§ She can understand the dilemma that the farmers have been given with the temptation, but at the cost of self-respect.

§ It was up to them to stop “this man” from making fools out of another “group of peons, as he sees every community and Planning Commission he conquers”.

§ She stated he has appointed himself the ruler and he knows how to work the system.

§ As far as she is concerned regarding mercury and children, she stated she had worked with children for 21 years and had a genuine love for children. She stated that the same government that approved a solar panel in front of a school is the same government that built schools full of asbestos, make families feel pressured to immunize their children with mercury-filled shots. As a government employee, she said that the day and time she allowed the government to make anymore life decisions for her children is also the day that she is allowed to hand-pick the officials. On the way to school that morning with her 11-year old child, the flashing light has a solar panel that runs it. With the overcast day, the 35 mph speed limit on the 55 mph road was not flashing. It made her stop and think, “no sun, no flash”.

§ She felt like the person that responded to her comment last meeting about blackouts” played on (her) stupidity.” It is brown-outs in California when there is a rise in the amount of solar power and the other power companies aren’t allowed to provide, which in essence could lead to blackouts.

§ She was looking out for her family. She really felt like if it was thought through, hopefully the solar farm would not have been placed near a residence. She felt like they didn’t think that far in advance. She stated that there are those residents who live near the existing power lines who have plenty of adequate space to put them there. She stated that if “they had the choice to put the solar farm in someone else’s yard versus their own, they wouldn’t do it.”

She concluded her remarks. Chairman White thanked her.

Chairman White asked if anyone else wished to make comments. Hearing none, he called for the next agenda item.

IV. PERSONAL APPEARANCES -
(Maximum of 10 minutes per citizen; 30 min. total)