Board of Equalization and Review Monday, May 1, 2017

Chowan County Public Safety Center 305 West Freemason St.

Edenton, NC 27932 6:00pm

This meeting was recorded. A copy of the audio recording is in the meeting file labeled May 1, 2017. Commissioners present: Chairman Jeff Smith, Commissioners Greg Bonner, Ron Cummings, Don Faircloth, Patti Kersey, Ellis Lawrence and John Mitchener. Staff present: County Manager Kevin Howard, County Attorney Lauren Arizaga-Womble, Finance Officer Cathy Smith and Board Clerk Susanne Stallings. Chairman Smith called the Board of Equalization and Review to order. Board Clerk Susanne Stallings administered the oath of office for the Board of Equalization and Review to all the Board members. Tax Administrator Melissa Radke stated that due to her upcoming maternity leave, she will turn over the action and discussions of the Board of Equalization and Review to Mr. Pete Rodda who is serving as Assistant Tax Administrator temporarily and through her expected leave. Mr. Rodda reviewed the statutory obligations of the Board of Equalization and Review. Following his brief presentation, he then asked the public if there was anyone present who wished to present an appeal to the Board of Equalization and Review. There was none. Mr. Rodda discussed the next meeting of the Board of Equalization and Review and noted the next date will be June 5, 2017. Being no further business, Commissioner Bonner moved to recess the Board of Equalization and Review until June 5, 2017 at 6:00pm. Chairman Smith asked for all in favor, the motion passed unanimously (7-0). ____________________________ _________________________ Jeffery Smith L. Susanne Stallings, Clerk Chairman

Regular Meeting Monday, May 1, 2017

Chowan County Public Safety Center 305 West Freemason St.

Edenton, NC 27932

This meeting was recorded. A copy of the audio recording is in the meeting file labeled May 1, 2017. Commissioners present: Chairman Jeff Smith, Commissioners Greg Bonner, Ron Cummings, Don Faircloth, Patti Kersey, Ellis Lawrence and John Mitchener. Staff present: County Manager Kevin Howard, County Attorney Lauren Arizaga-Womble, Finance Officer Cathy Smith and Board Clerk Susanne Stallings. Regular Meeting Chairman Smith called the regular meeting to order and led all in the pledge of allegiance. Commissioner Kersey then offered the invocation. Approval of Agenda Ms. Stallings noted the numbering of the original agenda was incorrect. She noted the public and the Board have been provided a corrected copy. She noted additionally item number 8 911 Funding Reconsideration should be removed. Mr. Howard noted that he State has not provided the approval so the matter should be tabled. Commissioner Mitchener moved to approve the agenda as amended. Chairman Smith asked for all in favor, the motion passed unanimously (7-0). Public Comment Chairman Smith then opened the floor to public comment in accordance with NCGS 153A-52.1 Robert Kirby 236 Whites Landing Road provided the Board with a written copy of his comments. A Copy of the comments is in the meeting file labeled May 1, 2017. Mr. Kirby remarked that the proposed county budget which was being presented to the Board later in the meeting, is not on the County website. Additionally Mr. Kirby stated his concern over the length of the DOT closure of Highway 32 North at Dillard’s Mill Road. He also asked for an update on the status of Bennett’s Millpond and the repairs from the October Hurricane Matthew damage. Chairman Smith asked for further public comment, there was none. Consent Agenda

a. Minutes Chairman Smith presented the minutes of the April 3, 2017, April 17, 2017 and April 19, 2017 meetings for the Board’s review and consideration. Commissioner Cummings moved to approve the minutes as presented, Chairman Smith asked for all in favor, the motion passed unanimously (7-0).

b. Budget Amendments BA1617-018

BA1617-019

Description Old + or (-) NewDay Care 506,165.00 (22,712.00) 483,453.00 Day Care 506,165.00 (22,712.00) 483,453.00

Balanced:

Justification:

This request is based upon the receipt of the April Non Smart Start Reversions and Reallocations for Subsidized Child Care Program (see attached). Chowan County

has a reversion of $22,712. Since Day Care is 100% federally funded, I am requesting to amend revenues as well.

Account Code12-5380-539-0612-3531-230-02

Description Old + or (-) NewRegister of Deeds:

*Preservation/Automation 4,348.95 605.28 4,954.23 *Dept Supplies - Auto/Pres 10,104.96 605.28 10,710.24

Sheriff's Office:*Sheriff Donations 3,101.09 335.00 3,436.09 *State Special Funds - 2,275.08 2,275.08 *Sheriff Executions 463.11 60.00 523.11 *KIDS & COPS 2,414.25 2,500.00 4,914.25 *Sheriff Executions 1,779.37 60.00 1,839.37 *Donation - Expense 6,550.73 335.00 6,885.73 *State Special Expense 11,988.03 2,275.08 14,263.11 *KIDS & COPS Expense 19,780.78 2,500.00 22,280.78

Animal Shelter:*Donations - Chowan 6,306.00 10.00 6,316.00 *Donations - Gates 825.00 95.00 920.00 *Donations - Perquimans 770.00 172.00 942.00 *Donations - Other 2,845.00 275.00 3,120.00 *Adoption - Chowan 2,365.00 75.00 2,440.00 *Adoption - Perquimans 730.00 25.00 755.00 *Adoption - Other 330.00 50.00 380.00 *A.W.A.R.E. Reimbursement 855.05 1,428.12 2,283.17 *Contr Svcs - Spay/Neuter 9,272.19 150.00 9,422.19 *Donation - Expense 45,930.59 552.00 46,482.59 *A.W.A.R.E. Reimbursement 855.05 1,428.12 2,283.17

Cooperative Extension:*SHIIP Grant 2,435.00 1,150.00 3,585.00 *AG Program Fees Discretionary 3,887.13 1,901.00 5,788.13 *4-H Fees Discretionary 13,115.00 1,390.00 14,505.00 *Livestock Program 325.00 50.00 375.00 *ECA Discretionary 352.00 95.00 447.00 *SHIIP Grant 2,559.20 1,150.00 3,709.20 *Ag Program Discretionary 8,237.89 1,901.00 10,138.89 *4-H Fees Discretionary 15,107.09 1,390.00 16,497.09 *Livestock Program 73,767.99 50.00 73,817.99 *ECA Discretionary 882.69 95.00 977.69

Recreation:*Recreation Donations 7,871.00 1,100.00 8,971.00 *Recreation Special Events 4,295.19 5,014.00 9,309.19 *Donations - Dept Supplies 10,165.01 1,100.00 11,265.01 *Recreation Special Events 20,780.12 5,014.00 25,794.12

Tourism Dev. Authority:*Music & Water Festival - 3,853.54 3,853.54 *Music & Water Festival 2,385.91 3,853.54 6,239.45

Balanced:

Justification:

11-4180-298-00

Account Code

11-3418-415-00

11-3431-232-00

11-3431-235-0011-3431-243-0011-4316-440-0011-4317-440-0011-4317-441-0011-4317-443-00

11-3438-894-00

11-3438-894-0211-3438-894-03

11-4381-441-0011-4381-600-00

11-3495-370-0011-3495-378-00

11-3495-380-0011-4950-600-00

11-3495-379-00

11-3612-504-00

11-4953-440-0011-4953-448-0011-4953-449-0011-4953-450-00

11-3612-487-00

11-6130-299-0111-6132-453-00

Amending the budget to include Departmental Discretionary income through March 2017.

11-3431-233-00

11-3438-894-01

11-3438-895-0011-3438-895-0211-3438-895-0311-3438-897-00

11-4381-601-00

11-3495-363-00

51-3839-894-0051-8150-826-00

Commissioner Bonner moved to approve the budget amendments as presented. Chairman Smith asked for all in favor, the motion passed unanimously (7-0). Public Hearing – Moratorium Chairman Smith noted the next item was a public hearing, pursuant to G.S. §153A-340(h), for the purpose of hearing public comments on a proposed moratorium on the issuance of permits under the Chowan County Zoning Ordinance as adopted by the Board of Commissioners on August 16, 2004 (hereinafter “Ordinance”). The purpose of the moratorium is to temporarily suspend, for a minimum 60 days, the receipt of applications for and the issuance of Special Use Permits for Solar Farms under the Ordinance while the Board of Commissioners considers potential amendments to the Ordinance with respect to setbacks, buffering, permissible zoning districts and other possible amendments. Ms. Bryant stated the first item needed is to open the public hearing. Commissioner Bonner moved to go into the public hearing. Chairman Smith asked for all in favor, the motion passed unanimously (7-0). Ms. Womble noted that since the last meeting it has come to her attention that there is a conflict with one of the Board members, Commissioner Lawrence has agreed to recuse himself regarding any hearings on the solar ordinance, including this moratorium as he has property that may be subject to a project at some point. She stated he is going to recuse himself from anything pertaining to solar farms. Commissioner Lawrence left the meeting room. Ms. Womble noted that Commissioner Lawrence will be listed as a non-vote. She explained the Board will receive public comment. The Board will then close the public hearing and Ms. Bryant will review more information regarding review options and Planning Board Concerns including the timelines required for the different types of review. Chairman turned the floor back over for public comment. Rachel Reid 610 Gliden Road, Belvidere stated that she is a lifelong resident of Chowan County. She stated that she has concern with potential solar farms. She stated she does not consider these solar farms to be farms. She stated that health and harmony are her concerns from the previous planning board meetings. She stated that there are wells on the property adjacent to a proposed farm. She stated if the panels break there are potential health hazards to her family. She stated she feels this is technology that is too new and there are uncertainties about the health issues. She noted the movie Erin Brocovich and stated that she feels this situation is similar to that story that there are too many promises and uncertainties. She stated that her husband targets in the back yard and he shoots and there is concern if one of the panels is accidently shot and contaminates the ground. She stated that more research needs to be done and the decision should be made by the Commissioners.

Chairman Smith noted this public hearing is on the moratorium and not relevant to solar farm comments. He stated that these comments will need to be made at a more appropriate time. Frank Sellers 119 Bellavista Drive Edenton stated that he opposes a moratorium on solar farm development. He stated he would recommend the Board go forward with an ordinance review and he feels this can be done without a moratorium. He provided the Board with a copy of a template for solar energy development ordinance for North Carolina. A copy of the handout is in the meeting file labeled May 1, 2017. Angela Toppin 3027 Rocky Hock Rd. Edenton, NC stated the she supports a moratorium. She stated the current ordinance is too vague. She stated she is concerned is with tax incentives for the developers and not requiring commitment to the local area. Jim Robison 124 Bayview Trail Edenton stated he would recommend a time of six months for a moratorium. He stated it has taken 30 days to hold the public hearing for a moratorium and the advertising requirements are time consuming. He stated that six counties are considering ordinance changes for solar facilities. He stated he does not like the name solar farm and stated he would ask the Board call it a solar facility. HE stated six months will allow time to consult with experts and neighboring counties. Vicky Layden 636 Gliden Road provided the Board with a handout entitled unintended negative consequences of NC Solar Farms. A copy of the handout is in the meeting file labeled May 1, 2017. She read through the handout noting the renewable energy bill that was drafted in 2007 that requires utilities to buy renewable power. She noted the cost for creation of the solar power is higher than what it costs to generate the power in house. She discussed the funding of solar farms and investment requirements. She stated these farms create a loss to the State. She noted this will be detrimental to several state programs including education, roads and economic development. She stated that the impacts to the state will be felt locally. Kevin Stroud 733 Ryland Rd. Tyner stated that he is concerned with the 60 day time frame for a moratorium and he feels that is not enough time. He stated 6 months should be the minimum. He sated the ordinance is not written well and are vague. He stated his concerns are the impact on property values and harmony. He stated that he moved here for the residential area. He stated a Planning Board that is appointed should not be making these decisions. He stated he is impacted by a development off of Ryland Road. He stated his neighborhood is residential and farming and there are no businesses there. He stated that 90% of his neighbors do not want this in their neighborhood. He stated these developments should not be adjacent to residential properties. Susan Inglis 106 East Water Street Edenton stated she does not support a moratorium on solar development. She asked the Board to not approve this moratorium. Francis Inglis 106 East Water stated that she does not support a proposed moratorium and stated that the County should support alternative energy sources. She stated she is pro solar and has a panel on her property.

Robert Kirby was skipped on the sign up list. Ms. Stallings noted that Mr. Kirby did sign up and apologized for skipping Mr. Kirby. Robert Kirby 236 Whites Landing Road Edenton provided the Board with a written statement. A copy of the statement is in the meeting file labeled May 1, 2017. Mr. Kirby noted that he supports a moratorium on solar development. He stated the moratorium should be 180 days to allow time for meetings and sufficient advertisement of meetings. He stated the upcoming budget meetings will also take time from the Board and 180 days will allow the Board time to consider the ramifications of solar development in the County. There was no further public comment. Commissioner Bonner moved to close the public hearing. Chairman Smith asked for all in favor, the motion passed unanimously (6-0). Ms. Bryant stated she is asking the Board to provide her with direction and a decision regarding the recommended moratorium. She stated the Planning Board has two approved solar farm applications. She stated that staff has received a few general questions regarding the County’s review process. She stated that Sun Energy 1 has a plan for a site on Gliden Road but has not submitted an application. Provided specific concerns Ms. Womble provided the Board with a draft moratorium document with information regarding questions and concerns regarding the current ordinance. She discussed proposed findings and actions that would need to be taken. She stated the Board will decide how to move forward and adopt findings as they determine which steps they wish to take. Commissioner Kersey asked for clarification on the process for making the decision. Ms. Bryant noted that the ordinance contains regulatory requirements which are required in the North Carolina General Statutes. She stated harmony, health, safety and welfare are required as standards in the general statutes. She stated this is the requirements in the use table. She provided the Board with a matrix that delineates timelines that would be required.

Commissioner Kersey asked for clarification on more specific requirements. Ms. Bryant stated that this includes specificity on requirements she provided the example of increasing the setback requirements. Chairman Smith asked for clarification on specificity. Ms. Womble stated the ordinance cannot have vague standards and needs to be specific so there is an identifiable standard for the community and potential project developers. She stated in the review the Board could make the ordinance standards more specific that are appropriate for the use and where the use is permitted. She stated the four statutory criteria, health, safety, welfare, etc. is where the Board can look at making more restrictive requirements for a specific project to bring it into harmony, health/safety. Commissioner Mitchener asked if the ordinance allows for ranges to be set.

Ms. Womble stated that the discussion for this evening is specific to a moratorium and not the changes in the ordinance. She stated however she feels the requirements of the ordinance should not be a range but should be specific. Chairman Smith stated that he would like to comment on the definition of a farm in online. He stated that a farm is not necessarily always agricultural. He stated a farm is where something is doing a likeminded job and he feels the term farm is fitting for a solar development as power is being produced Commissioner Bonner asked for the review process of the ordinance. Ms. Bryant discussed the review options including the review options that would require outside review by consultants. Commissioner Bonner asked if the timeline of 60-120 days is sufficient for all the review options. Ms. Bryant stated that the options are a range of time needed and that will impact the amount of time she needs to review the ordinance. Commissioner Cummings stated with the time required to review the ordinance he then moved to approve a 180 day moratorium with all four review options to be considered. Ms. Womble discussed the requirements for adoption of a moratorium, review process and timeline of review. She discussed the statutory provision for 60 days. She discussed her concerns with regards of protecting the County from potential litigation. Commissioner Cummings stated he would support the third review option. Commissioner Kersey stated she would support a combination of the number 2 and number 3 review options. She stated she would recommend that County staff survey the region and look at regional commonalities. She noted the Land Use Plan is currently being updated and it would be beneficial to have more than 120 days. Ms. Womble noted that the Board cannot consider the other ongoing items in the moratorium decision (specifically the budget. Commissioner Bonner asked if a recommendation is completed before the moratorium deadline can the moratorium be lifted. Ms. Womble stated yes that can happen after an advertisement period. Commissioner Smith stated that he would support the second review option. Commissioner Mitchener asked for clarification on the hiring of a consultant to review the solar ordinance or all the ordinances.

Chairman Smith stated he feels the Planning Board and Planner can give a recommendation on the solar ordinance specifically. Ms. Womble discussed the process and stated she would prefer the Board to review each finding in the proposed moratorium. Commissioner Cummings asked to have his motion rescinded to go through the draft document. Chairman Smith asked if the board is willing to take a five minute break for restroom break. After 5 minutes Chairman Smith called the meeting back to order. The following items were reviewed and adopted by reference (Motions are in BOLD and ITALICS)

AN ORDINANCE OF THE CHOWAN COUNTY BOARD OF COMMISSIONERS IMPOSING A MORATORIUM ON THE ACCEPTANCE, PROCESSING OR

CONSIDERATION OF APPLICATIONS FOR SOLAR FARMS PURSUANT TO N.C. GEN. STAT. SECTION 153A-340(h)

The Board of Commissioners for the County of Chowan, North Carolina, at a regularly scheduled meeting held on May 1st, 2017, after due advertisement as by law required, conducted a public hearing as mandated by law, and heard from interested members of the public as well as County officials for the purpose of gathering information and thereafter taking appropriate action, regarding the imposition, or not, of a moratorium on the acceptance, processing or consideration of applications for solar farms. As a result of this meeting and in accord with the information produced therein, the Board of Commissioners makes the following findings of fact, conclusions and legislative determination:

FINDINGS OF FACT

I. STATEMENT OF THE PROBLEM NECESSITATING A MORATORIUM; THE COURSES OF ACTION ALTERNATIVE TO A MORATORIUM CONSIDERED AND THEIR INDADEQUACY—NCGS 153A-340(h)(1)

a. Concerns have been raised regarding the adequacy of the current Chowan County

ordinance related to solar farm facilities and their potential effect on the health, safety and welfare of the citizens of Chowan County.

b. The current Chowan County Zoning Ordinance permits solar farms

pursuant to a special use permit within the A-1 zoning district. The A-1 zoning district encompasses the majority of Chowan County.

c. The current Chowan County ordinance related to solar farm facilities may be inadequate to balance the rights and reasonable expectations of the citizens of Chowan County and the developers of future solar farm facilities.

d. The Board of Commissioners is in need of a moratorium to allow the Board time to review and examine the adequacy of its current ordinance related to solar farm facilities and to study appropriate options for the regulation or control of the height, size, location, density, setbacks, design standards, glare, decommissioning, maintenance, lighting, property value diminutions, and other characteristics of solar farm facilities.

e. There are currently two (2) permitted solar farms in Chowan County with a total of 276 acres dedicated to such use, permitted in January and March. One is located adjacent to residential uses of land that has resulted in numerous complaints to the County of incompatibility between the solar farm activity with the use of adjacent property for residential purposes.

f. Additionally, the planning department has recently received another inquiry as to locating a solar farm in Chowan County, although no application has been received to date.

g. Chowan County is almost entirely rural. Moreover, Chowan County land is uniformly flat. As a result of agricultural use, many acres are already cleared. Accordingly, the County appears a desirable site for the construction of future solar farms.

h. Nearby counties have recently taken restrictive action regarding solar farms increasing the likelihood solar farm developers will look to Chowan as a desirable location. Perquimans and Camden counties, immediately adjacent to the north, have recently issued moratoriums for solar farms. Currituck County has banned all further construction of solar farms. Pasquotank County has not issued a moratorium, but is reviewing their current solar ordinance for possible amendment.

i. Furthermore, nearby Counties, in particular, Pasquotank, Gates, Perquimans and Camden have seen increased applications for, and development of, solar farms. Like Chowan, they are largely rural with a completely flat terrain.

j. County residents have reported concerns regarding solar farm construction and operation including but not limited to; adverse aesthetic impacts, potential impacts on properties adjacent to solar farms resulting in a diminution of their value, and change in the agricultural nature of the County which its residents desire to retain. The Chowan County planning staff has also noted solar farms

take land out of any other contemplated use for great lengths of time in that the average life of a solar farm is at least twenty years.

k. Staff further related their concerns, a comprehensive zoning study is necessary to review relevant ordinances from other locales and to determine whether the County's citizens would be better served by restricting solar farm locations to certain areas of the County and prohibiting them in others. Further, staffed opined a moratorium should be issued while the study is underway. Failure to do so would run the risk of increasing applications with the necessity of acting upon those based upon the current ordinance when the same may well not be adequate for the protection, health, safety and welfare of the Chowan community

l. Based upon the forgoing it is anticipated the County may receive a number of applications for new solar farms in the near future that may be incompatible with residential and other land uses as well as the County's land use plan. This requires a period of time to develop an amendment to the Chowan County Zoning Ordinance to properly reflect land development patterns.

m. Currently, without further study, it is of manifest concern to the Board of Commissioners, the use of land for solar farms requires attentive, prompt, and comprehensive review to consider an amendment to existing ordinances to protect the best interest of the citizens of Chowan.

n. As it is anticipated modification of existing ordinance will be mandated. It would be unfair to potential solar farm developers to make plans for development within the County while the law is uncertain. It would likewise be, at the least, a partial frustration of the purpose of the study, to receive further solar farm applications during the study period.

o. The Board of Commissioners considered not enacting this moratorium and allowing the County Planning Board and Staff to continue to develop recommendations to the Board of Commissioners related to solar farm facilities for the Board of Commissioners' later consideration, however such course of action is deemed inadequate to protect the health, safety and welfare of the citizens of Chowan County because the developer of a solar farm facility could apply to the County for approval of a facility under the existing Zoning Ordinance which ordinances the Board of Commissioners have deemed are in need of review in order to protect the health, safety and welfare of the citizens of Chowan County.

Commissioner Mitchener moved to adopt finding number 1. Items a-o (including the deletion of an item J in the original draft copy). Item J was removed and is not reflected above.

He noted his question regarding the language in item o (item p in the original draft). Ms. Womble explained the language. Chairman Smith asked for all in favor, the motion passed unanimously (6-0)

II. STATEMENT OF DEVELOPMENT APPROVAL SUBJECT TO THE

MORATORIUM AND HOW SUCH MORATORIUM WILL ADDRESS THE EXISTING PROBLEMS-NCGS 153A-340(h)(2)

a. Imposition of a moratorium on the acceptance, processing or consideration of a solar farm application will prevent the approval of solar farms as a permitted use of land in the County. Immediately, thereafter the County will undertake a requisite, comprehensive study to address the concerns cited herein by proposed amendments to the Zoning Ordinance.

Commissioner Bonner moved to approve finding II (a). Chairman Smith asked for all in favor, the motion passed unanimously (6-0). Commissioner Mitchener moved to approve Finding III and recommended 120 day period. Ms. Womble clarified the date that would be the last of the moratorium would be August 28, 2017. Commissioner Kersey asked Ms. Bryant for her comfort with the 120 day time frame. Ms. Bryant discussed the advertisement requirements and options for amendments to the standards in the table and review process. Chairman Smith noted that he was not comfortable in designating a timeline without clarifying the review option the Board wishes to select. Commissioner Mitchener then rescinded his motion. Ms. Womble discussed the specific language in the findings regarding the language for the review process. She stated that finding 4 reflects number 2 review option.

IV. STATEMENT OF ACTIONS AND SCHEDULE FOR THOSE ACTIONS PROPOSED TO BE TAKEN DURING THE EXISTANCE OF A MORATORIUM REASONABLE NECESSARY TO ADDRESS THE PROBLEMS AND

CONDITIONS LEADING TO THE IMPOSITION OF THE MORATORIUM-NCGS 153A-340(h)(4)

a. During the existence of this moratorium the Board of Commissioners intends to take the following action:

i. Direct the Chowan County Planning Board and appropriate

County Staff to: 1. review and study the Chowan County solar farm ordinance

and current Land Use Plan to determine amendment to the Zoning Ordinance that is advisable to meet and preserve the stated goals established by the existing Chowan County Land Use Plan. In addition, to process any land use amendments according to the Chowan County Zoning Ordinance to allow a public hearing on requisite amendments prior the expiration of this ordinance.

2. Review and study existing ordinances from other jurisdictions related to solar farm facilities in comparison to the Chowan County ordinance.

3. Develop draft regulations, present draft regulations at public meetings, receive public comments to proposed modifications and provide recommendations to the Board of Commissioners for any modifications to the County’s existing ordinance.

b. Review the recommendations of the Planning Board and County Staff, develop

draft regulations, present the draft regulations at a public meeting, receive public comments to proposed draft modifications and adopt the final version of appropriate regulations for solar farm facilities in Chowan County.

Commissioner Kersey stated she did not wish to restrict the review process of the Planning Board. She then moved to adopt finding 4. Chairman Smith asked for all in favor, the motion passed unanimously (6-0).

III. DATE FOR TERMINATION AND THE REASONABLE NECESSITY FOR ITS LENGTH TO ADDRESS THE PROBLEMS GIVING RISE TO THE IMPOSITION OF A MORATORIUM-NCGS 153A-340(h)(3)

a. Regulation to restrict or prohibit the use of land for solar farms will

require amendment of the Chowan County Zoning Ordinance. Therefore, time is required to review existing ordinances, draft proposed amendments and process the same through relevant county boards or agencies. It is anticipated that 120 days will be required to complete that process.

b. The duration of this moratorium of 120 days is reasonably necessary to allow the Board of Commissioners adequate time to properly and meaningfully review existing ordinances and to take the actions set forth herein.

A public hearing will be held prior to August 28th, 2017 to consider proposed changes to existing ordinance language on solar farms.

Chairman Smith and Commissioner Kersey discussed the time requirements. Commissioner Kersey stated she wanted to make sure staff has enough time. Staff discussed the advertisement requirements. Ms. Bryant stated the time was sufficient. Ms. Womble noted the date would be August 28, 2017 for the end of the moratorium. Ms. Bryant stated that he Board of Commissioners would not be able to send the document back to the Planning Board for more changes with 90 days. Commissioner Mitchener moved to approve Finding 3 and set the date at 120 days. Chairman Smith asked for all in favor, the motion passed (5-1 Smith)

V. IMPOSITION OF MORATORIUMS

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS FOR THE COUNTY OF CHOWAN, that after careful, deliberate and studied contemplation of the above, the Chowan County Board of Commissioners does hereby implement and impose, effective from the date and time of the adoption of this ordinance, up to and including August 28th, 2017, a moratorium prohibiting the acceptance, processing or consideration by any county employee, appointed or elected official an application for land use within the county for a solar farm.

ADOPTED THIS THE 1st DAY OF MAY 2017, AT SIX O’CLOCK PM. Commissioner Mitchener moved to approve Finding 5. Chairman Smith asked for all in favor the motion passed unanimously (6-0). Ms. Stallings noted the moratorium would be placed online on Tuesday. Commissioner Lawrence returned to the meeting. Ordinance Review Committee Report. Ms. Bryant noted that the Ordinance review committee met on Tuesday, April 25, 2017 and reviewed the Table of Permitted Uses. Specifically the committee looked at current uses which require a Special Use Permit Review. The Committee recommended the following uses be changed through a text amendment to require Conditional Use Permit review:

- Halfway House - Homeless Shelter - Manufactured Home Park - Planned Unit Development - Traditional Neighborhood Development - Correctional Institution - Airport or Air Transportation Facility - Landing Strip, Flying Field - Hazardous and Radioactive Waste (transportation, storage and disposal) - Sewage Treatment Plant - Solar Farms - Solid Waste Disposal CDLF, LCID, Sanitary Landfill, land application of sludge

or petroleum-contaminated soil. - Recycling Centers, Salvage Yards, Auto Parts, Scrap Processing (discussion about

leaving B1, B2, I1 and I2) - Shopping Centers, Community and Regional

She stated these will go to the Planning Board and come back later to the Board as a text amendment at the second meeting in June. There was no Board objection to the recommended changes. Older Americans Month Proclamation Ms. Stallings presented the Board with a request from the Area Agency on Aging has provided the annual proclamation that declares May as Older Americans Month for the Board’s consideration. Commissioner Bonner moved to approve the proclamation as presented. Chairman Smith asked for all in favor, the motion passed unanimously (7-0).

Older Americans Month 2017

A PROCLAMATION

Whereas, Chowan County includes older Americans who richly contribute to our community; and Whereas, we acknowledge that what it means “to age” has changed—for the better. Whereas, Chowan County is committed to supporting older adults as they take charge of their health, explore new opportunities and activities, and focus on independence; and Whereas, Chowan County can provide opportunities to enrich the lives of individuals of all ages by:

• involving older adults in the redefinition of aging in our community; • promoting home- and community-based services that support independent living; • encouraging older adults to speak up for themselves and others; and • providing opportunities for older adults to share their experiences.

Now therefore, The Chowan County Board of Commissioners of Chowan County do hereby proclaim May 2017 to be Older Americans Month. We urge every resident to take time during this month to acknowledge older adults and the people who serve them as influential and vital parts of our community. Dated this 1st day of May, 2017

Personnel Policy Amendment Human Resources Director Carrie Byrum provided the Board with a proposed amendment to the Chowan County Personnel Policy. She noted that on page 37 of the manual, Section 17 the statement “Employees in Permanent or Temporary positions working more than 20 hours per week shall earn holiday pay as prescribed” should be deleted. She stated this should be removed as it is not being utilized. Commissioner Lawrence asked for clarification on the request. Ms. Byrum stated that removing the statement will eliminate confusion. She stated the intent was to have sick leave and annual leave calculated. She stated that Holiday pay was written in error and would not change the current procedure. Commissioner Lawrence moved to remove the statement as recommended. Chairman Smith asked for all in favor, the motion passed unanimously (7-0)

Appointment

Ms. Stallings asked the Board to consider appointment of Gail Spiewak to the Nursing Home Advisory Committee. Currently there are three vacancies she noted the Albemarle Commission has indicated that her residency will not create any conflict. Commissioner Mitchener moved to appoint Gail Spiewak to the Nursing Home Advisory Committee. Chairman Smith asked for all in favor, the motion passed unanimously (7-0). FY 2017-18 Budget Presentation Mr. Howard presented the Board with the proposed FY 2017-18 budget message. Dear Honorable Chairman Smith and County Commissioners: This FY 2017-2018 budget is presented to you in accordance with the North Carolina Local Government Budget and Fiscal Control Act. The proposed budget is presented subject to a public hearing and the Chowan County Board of Commissioners revisions and approval. This budget, as presented, is balanced. The total revenues and expenditures for the General Fund including the Social Services Fund are $17,160,769.86 compared to the original FY 2016-2017 budget of $16,586,471.50. The FY 2017-2018 budget, as proposed, is based on a $0.77 tax rate, a $.03 increase from FY 2016-2017. This increase is due to the loss in revenue associated with the relocation of the Edenton Police Department and an increase in capital expense needs This budget does not increase water rates, solid waste fees, inspection fees or any other county fees. County Administration received budget requests, revenue estimates and other financial information from various officials, officers, department heads and agencies of Chowan County. The proposed budget is based on staff information and information provided by and input from, the County Commissioners. Each department or agency presented an original budget request to the Finance Office. Upon receipt, the County Manager met one or more times with various department heads to establish a budget to be submitted to the Chowan County Board of Commissioners. A copy of the budget has been filed with the Clerk to the Board and is available for public inspection. The Budget Officer will publish a statement in the Chowan Herald that the budget has been submitted to the Chowan County Board of Commissioners, and is available for public inspection in the office of the Clerk to the Board. The same published statement will also give notice of the time and place of the public hearing during which any person who may wish to comment on the budget may appear before the Board of Commissioners. No earlier than ten days after the public hearing and not later than June 30, 2017, the Chowan County Board of Commissioners must adopt a budget ordinance making appropriations, estimating revenues and levying taxes for FY 2017-2018.

Revenue Overview

Property Tax Collections – According to FY 2016-2017 Chowan County audit, the overall tax collection rate in Chowan County was 98.54% in FY 2015-2016 . FY 2017-2018’s estimated property tax revenues are calculated based upon the audited tax collection rate for FY 2015-2016. According to the FY 2015-2016 audit, the collection rate for real and personal property was 98.39%, and the collection rate for motor vehicles was 100% for the combined collection rate of 98.40%. For purposes of estimating next year’s property tax revenues, this proposed budget assumes a collection rate of 98.39% for real and personal property and 100% for motor vehicles. According to the FY 2016-2017 Audit the 10 year statutorily enforceable delinquent uncollected taxes owed to Chowan County decreased from $583,764 as of June 30, 2015 to $498,304 as of June 30, 2016. County staff is committed to increasing the tax collection rate during future years. In addition, we will focus on collecting prior year delinquent taxes. 2. Estimated Tax Base and Rate - The estimated tax base is used in this budget to determine the amount of property tax revenue that will be available in the FY 2017-2018 budget. The estimated tax base amount is provided to the County Manager by the County’s Tax Administrator. The amount of revenue that is expected to be collected in the coming year is determined by the tax base amount and the collection rate. See Attachment 2. The Chowan County 2014 tax year valuation estimate provided by the Tax Administrator provides for a total valuation for FY 2017-2018 of $1,249,122,625. At 100% collection, each penny of a tax rate assessed will produce $134,912.26. The total taxable valuation for real and personal property, and public utilities within Chowan County is estimated at $1,289,841,067. At 100% collection, each penny of the property tax rate assessed will produce $128,984.11. When multiplied by a collection rate of 98.40%, each penny of the tax rate should generate $126,920.36. With the proposed tax rate of $0.77 per $100.00 valuation, the 2017-2018 current year anticipated revenues for real and personal properties and utilities are estimated at $9,772,867.80. The total valuation for motor vehicles within Chowan County is estimated at $131,172,000. At 100% collection, each penny of the tax rate assessed will produce $13,117.20. When multiplied by a collection rate of 98.40, each penny of the tax rate assessed should generate $12,906. With the proposed tax rate of $0.77 per $100 valuation, the anticipated revenues for motor vehicles are estimated at $993,864.01. Therefore, the FY 2017-2018 budget anticipates the collection of $10,766,731.81 in ad valorem tax revenues from real and personal property, public utilities, and motor vehicles. This amount represents 72.23% of General Fund revenue. The FY 2017-2018 budget also anticipates the collection of $218,500 in prior years’ delinquent real and personal property taxes as well as $100,000 in penalties, interest and other miscellaneous charges assessed upon delinquent taxes.

The total amount of the above taxes anticipated in this budget is $10,056,045. This amount represents 62.57% of General Fund Revenues. 3. Sales Tax - Chowan County anticipates collecting $1,041,839 in FY 2017-2018 from the local 1-cent Article 39 sales tax. The County General Fund also anticipates collecting a total of $717,832 from the ½ cent Article 40 sales tax. An additional thirty (30) percent of the Article 40 sales tax by statute is restricted for school capital projects and is sent directly to the School Capital Reserve and is not reflected in the General Fund. The County further anticipates collecting from the ½ cent Article 42 sales tax a total of $100,723. An additional sixty (60) percent of the Article 42 sales tax by statute is restricted for school capital projects and is sent directly to the School Capital reserve and is not reflected in the General Fund. The total amount of sales tax revenue anticipated in the General Fund budget is $1,855,944. This amount represents 12.48% of General Fund Revenues. In addition, the County will directly deposit an estimated $781,020 into the School Capital Reserve to meet the Article 40 and Article 42 school capital obligations. 4. Fire District- The FY 2017-2018 Fire District Special Revenue Fund anticipates $502,101.32 in property tax, sales tax and other revenue for the benefit of fire departments in Chowan County. This fund uses $79,007 in fund balance. 5. E911/Central Communications – The FY 2017-2018 E911 Special Revenue Fund anticipates $261,628 in 911 surcharge receipts. This fund does not use any fund balance. 6. Emergency Medical Service Revenues- The FY 2017-2018 revenues for the EMS Enterprise Fund are estimated at $1,100,000 in fees for services and $717,892 appropriated from the General Fund. 7. Water Sales and Services – The FY 2017-2018 combined revenues for water sales for the Chowan County Water District is budgeted at $1,350,000 and tap fees, connection fees, reconnection fees and penalties increase the total to $1,427,000. This fund uses $95,342 in fund balance. The FY 2017-2018 budget not include an increase in water rates. A rate increase will need to be discussed as we look at financing for the project. 8. Solid Waste Revenues – The proposed FY 2017-2018 combined revenues for the Solid Waste Enterprise Fund is estimated to be $1,043,000. This fund uses $57,344 in fund balance 9. Town of Edenton – The FY 2017-2018 budget anticipates $78,698 in reimbursements from the Town of Edenton for the Town share of debt service and operating costs of the County Public Safety Center as well as the Town’s agreed share of the Information Technology, Building Inspections office and Animal Control budgets. 10. Register of Deeds Revenues – The FY 2017-2018 budget anticipates revenues from real estate registration (recording fees), vital statistics and marriage licenses in the amount of

$155,650. This amount includes $67,750 in excise tax (deed stamps) to be divided between Chowan County and the State of North Carolina. 11. Planning and Inspections Office – Inspection and Planning fees for FY 2017-2018 are anticipated to generate $108,500 including $100,000 in building permit fees. 12. Fines & Forfeitures- The FY 2017-2018 budget anticipates $50,000 in the receipt of fines and forfeitures which are remitted to the Edenton-Chowan Board of Education. 13. Court Fees – The FY 2017-2018 budget further anticipates $43,000 in court costs and court facility fees which must be used to maintain the county courthouse. 14. Jail – The FY 2017-2018 budget anticipates $21,500 in jail fees. 15. Recreation – The FY 2017-2018 budget anticipates revenues of $56,650 from registration fees, concessions, special events and the JCPC after-school program grant. 16. Senior Center/Nutrition – The FY 2017-2018 budget anticipates revenues of $14,300 from registration fees, other fees and from the Albemarle Commission for the Nutrition Program. 17. ABC - The FY 2017-2018 budget anticipates $80,000 from the ABC bottle tax and from profit distribution from the ABC Store. 18. Department of Social Services – The FY 2017-2018 budget anticipates $2,254,602 from state revenues for administration and program costs. 19. Other County Revenues – Please refer to the Manager’s proposed for other anticipated County revenues for FY 2017-2018.

Expenditures Overview 1. Public Education – The total school current expense appropriation provided for in the FY 2017-2018 budget is $3,550,000. This appropriation will be distributed in twelve (12) equal monthly payments. The Chowan County Board of Commissioners are committed to improvements in the public education system. To that end, once again in its discretion, in FY 2017-2018, the Board of Commissioners can appropriate $200,000 from the County Capital Reserve to the School Capital Reserve. These funds will join sales tax revenues and Lottery Funds as the source of revenue for school capital projects and debt service payments. Sales Tax will continue to pay for the DF Walker debt service and Lottery Funds will continue to be utilized to pay for the QZAB debt service.

The FY 2017-2018 budget provides $103,573 for the eighth year debt payment due July 1, 2013 for the QZAB interest-free loan, which provided funds for renovations to John A. Holmes High School. Lottery Fund proceeds are designated for this debt payment. The FY 2017-2018 budget further provides for the debt payment for the DF Walker Elementary School. This payment of $571,743 in principal and $42,080 in interest for a total of $613,823 is due in FY 2017-2018. The Sales Tax revenues, in part, are designated to this debt payment. The shortfall between sales tax revenues and the DF Walker debt must be paid using the School Capital Reserve Fund balance. Lottery funds are not eligible for the DF Walker School debt service. 2. Community Colleges - The FY 2017-2018 budget provides for $200,000 to be used for the College of the Albemarle Chowan Campus for current expenses and appropriates $200,000 for COA capital outlay. Further, the current expense appropriation will be distributed in twelve (12) equal monthly payments, and the capital reserve will be distributed to COA on a reimbursement basis, after prior approval and after consultation with the Board of Commissioners for capital outlay expenditures and projects. Reimbursable projects under $5,000 shall not require Board of Commissioner approval. 3. Tax Collections - The FY 2017-2018 budget appropriates $377,325 for tax office operations. 4. Sheriff’s Office – The FY 2017-2018 budget provides a total of $1,388,864.19 for the Chowan County Sheriff’s Office. The budget includes funds for two new vehicles at a cost of $56,985. 5. 911 Communications – The FY 2017-2018 provides $526,148 for the operation of the 911 emergency communications system. 6. Emergency Medical Service - The FY 2017-2018 budget appropriates $717,892 from the general fund to the EMS Enterprise Fund to cover a revenue shortfall in that amount. 7. Jail – The FY 2017-2018 budget appropriates $728,877 for the operation of the Chowan County Detention Center. 8. Social Services– The FY 2017-2018 budget provides for $1,001,251 in County funds to the Social Services fund. All the Social Services budgets previously in Fund 11 were combined in a new Fund 12 for budgeting purposes in FY 2012-2013. The new Social Services Fund remains for auditing purposes part of the General Fund. 9. Recreation – The FY 2017-2018 budget appropriates $499,647 for the Recreation Department Operating Budget. 10. Senior Center/Nutrition – The FY 2017-2018 budget provides $151,910 to fund the Senior Center and Nutrition Program for Chowan County senior citizens.

11. Register of Deeds– The proposed FY 2017-2018 budget provides $221,066 for the operation of the Register of Deeds Office. 12. Land Records – The FY 2017-2018 budget provides $81,681 to the Land Records/GIS Department located in the Register of Deeds Office 13. Animal Shelter – The FY 2017-2018 budget appropriates $271,728 for Tri County Animal Shelter operations. It is estimated that $146,500 will be reimbursed to Chowan County, as fiscal agent, from Gates ($68,500) and Perquimans ($78,000) Counties. This budget includes one-time capital costs of approximately $106,000. 14. Elections – The FY 2017-2018 budget provides for funding in the amount of $123,130 for the general operation of the Elections Office and for the November 2017 General Town Election and 2018 Primaries. 15. Public Health – The FY 2017-2018 budget provides an appropriation in the amount of $86,941 payable to Albemarle Regional Health Services. 16. Mental Health - The FY 2017-2018 budget provides $28,565 to East Carolina Behavioral Health which includes the county’s $2.00 per capita contribution and the transfer of $4,000 in bottle tax revenues. 17. Information Technology – The FY 2017-2018 budget appropriates $356,804 for County IT expenditures. 18. Maintenance - The FY 2017-2018 budget provides a total of $704,267.74 for maintenance and utilities of county buildings. This includes $154,000 for the Chowan County Public Safety Center and $40,500 for the Courthouse. The FY 2017-2018 budget provides $347, 067.74 for the Maintenance Department operations. 19. Inspections and Planning - The FY 2017-2018 budget appropriates $203,961.93 for the Inspections Department and $62,719 for the Planning Department. 20. Soil Conservation - The FY 2017-2018 budget appropriates $136,226 for the Soil and Water Conservation Program. This includes funds for Hydrilla, Beaver Management, Soil and Water Management. 21. Forestry - The FY 2017-2018 budget provides an appropriation in the amount of $60,764 to the Forestry program. 22. Cooperative Extension - The FY 2017-2018 budget appropriates $168,716 to Cooperative Extension Service.

23. Employee Health and Dental Insurance – The County will provide health, dental, life and vision insurance through Etna. 25. Shepard Pruden Memorial Library - The FY 2017-2018 budget provides $190,000 for operating expenses. 26. Fire – The FY 2017-2018 budget provides $206,830 for operations and equipment as well as $49,018 for debt service to the Center Hill Crossroads Volunteer Fire Department. The budget further provides $323,952 to the Town of Edenton for its fire services to the non-town residents of Chowan County. This amount is recalculated each year based upon a five year average of Edenton Fire Department calls outside of the town limits. It also provides $34,968 in capital outlay for equipment. The Budget provides $15,000 for a tanker to the Belvidere Chappell-Hill Fire Department. 27. Debt Service - The FY 2014-14 budget provides $2,023,972 in principal and $273,475 in interest toward the County’s debt obligation, a total of $2,297,447 for debt service. 28. Other County Expenditures – Please refer to the Manager’s Recommended Budget Workbook for other budgeted expenditures for FY 2017-2018. This budget represents our best estimate of revenues and expenditures during the coming year. As with any budget, during the course of the coming fiscal year, adjustments may be required to amend the adopted budget. The Chowan County Board of Commissioners is required to approve any such budget adjustments, which increase or decrease a department’s total expenditures during the course of the fiscal year. I urge the Commissioners to carefully consider and study this proposed budget. If there are any questions or concerns, please do not hesitate to contact me. On behalf of your County staff, we look forward to working with the Commissioners during the coming year to provide the best services possible at the most reasonable cost to the taxpayers of Chowan County. Sincerely, Kevin Howard Chowan County Manager Schedule Public Hearing

Commissioner Bonner moved to schedule the public hearing for June 5, 2017 at 6pm. Chairman Smith asked for all in favor, the motion passed unanimously (7-0). Request to purchase equipment Mr. Howard stated the Town of Edenton has provided a request to purchase one wall of evidence lockers and 12 file cabinets for $1,000.

The Board discussed the current value of the property and the rent paid by the Police Department. Commissioner Bonner stated he felt the County should declare the property surplus and give it to the Town for $1,000. He stated he would put this in the form of a motion. Chairman Smith asked for all in favor, the motion failed (2-5 Faircloth, Cummings, Mitchener, Smith and Kersey). Mr. Howard stated he would take this back to the Town Manager to see if the Town would like to make another offer.

External Board/Committee Report Chairman Smith state the Board members are asked to report on the activities of the external boards to which they have been appointed. Commissioner Mitchener provided the Board with an article on solar farms and stated the importance on attending committee meetings to share information. Chairman Smith noted that several Commissioners attended the District NCACC meeting. Commissioners Cummings and Kersey stated the meeting was informative and have similar issues in the region. Commissioner Kersey stated she found it is beneficial to work regionally with our neighbors. Chairman Smith noted he recently attended the RPO meeting with Commissioner Kersey. He provided information on the status of the permits needed for Highway 32. Commissioner Faircloth noted he recently attended the TDA Board meeting. Manager’s Report County Manager Kevin Howard updated the Board on the following:

- Budget Books will be provided to the Board members upstairs to take home and study. The message and proposed budget will be placed online Tuesday

- Meeting is scheduled for Friday with another FEMA rep - Bids were sent out for the Senior Center

Timely and Important Matters Jack Ms. Stallings noted that Jack’s new pictures are on the screen for the public and read an update from Jack. “Last week Jack hosted a group of women from Chowan County - all graduates of Holmes HS - for cards games. The next day he went to Doggie Day Care. He is pretty exhausted from all of this activity and has been taking a lot of naps over the past few days. Thanks so much for asking about him.”

Pictures with Supreme Court Ms. Stallings confirmed the Supreme Court pictures upcoming and asked for all Board members to confirm their desire to have pictures taken. Schedule Public Hearing Ms. Stallings stated the Board will schedule a public hearing for a proposed amendment to the Alcohol on County Owned or Occupied Property ordinance. The proposed public hearing date is May 15, 2017. The amendment will be to exempt properties leased by the County. Commissioner Cummings moved to schedule the public hearing for May 15, 2017. Chairman Smith asked for all in favor, the motion passed unanimously (7-0). Closed Session Being no further business Commissioner Mitchener moved that the Board go into closed session, in accordance with NCGS 143-318 (11) (a) (5 and 6) contract negotiations and personnel. Chairman Smith asked for all in favor, the motion passed unanimously (7-0).

The minutes of the closed session are sealed.

Commissioner Mitchener moved to come out of closed session. Chairman Smith asked for all in favor, the motion passed unanimously (7-0). Adjourn Being no further business, Commissioner Kersey moved that the meeting be adjourned. Chairman Smith asked for all in favor, the motion passed unanimously (7-0). ____________________________ _________________________ Jeffery Smith L. Susanne Stallings, Clerk Chairman