Aug 21, 2024 Planning Commission

WOULD.

[00:00:14]

WE'RE TRYING TO FIGURE OUT WHY.

ALL RIGHT. EVERYBODY READY? ALL RIGHT. ALL RIGHT.

[1. Opening]

PRESENT TONIGHT IS COMMISSION MEMBER OUR ATTORNEY, STUART BURROW, IS HERE.

SO IT'S NOW 6:02

[2. Information and Discussion: Cherrywood Solar Final Site Plan]

AND I ASSUME EVERYBODY HAD A CHANCE TO LOOK THROUGH.

MATT, I FOUND IN THIS PACKAGE THAT WE HAVE WE NOW HAVE A LETTER WITH 21 DISCREPANCIES ON THE FINAL SITE PLAN APPROVAL, WHICH ONCE AGAIN, WE HAVE A SITE PLAN IN FRONT OF US FOR FINAL APPROVAL THAT HAS 21 DISCREPANCIES.

SO IT KIND OF APPEARS TO ME THAT NOT READY FOR APPROVAL, BUT WHAT CAN YOU TELL US? SO IN FRONT OF YOU, YOU'LL HAVE A COPY OF A REQUEST FOR SCHEDULING FROM CHERRYWOOD SOLAR BY RYAN SHOWALTER, WHO'S THE ATTORNEY FOR CHERRYWOOD.

THEY SUBMITTED THIS.

THEY HAVE SOME TIME CONSTRAINTS WITH CONSTRUCTION AND SOME CPCN CONDITIONS THAT NEED TO BE MET.

SO WE DECIDED WE WERE GOING TO PUSH FORWARD REGARDLESS OF WHAT THE COMMENTS WERE AT THE TIME.

WE WERE GOING TO SCHEDULE THEM, GET THE REVIEW DONE BEFORE THE MEETING.

AND SO BASED ON THAT REVIEW, MOST OF THESE THINGS ARE RATHER SIMPLE VERSIONING ISSUES.

BUT I'LL GET INTO THAT SHORTLY.

I WANT TO JUST BRIEFLY COVER A SUMMARY OF THE PROJECT, AND IF YOU WANT, I CAN GO INTO THAT THE SECOND PART OF MY STAFF REPORT THE REVIEW LETTER, IF YOU'D LIKE ME TO DO THAT.

SO CHERRYWOOD SOLAR ONE LLC HAS SUBMITTED A MAJOR SITE PLAN APPLICATION FOR A LARGE SCALE COMMERCIAL SOLAR ENERGY SYSTEM AND A POWER SUBSTATION. PROJECT CONSISTS OF 145 MEGAWATT SOLAR ENERGY SYSTEM THAT WILL ENCOMPASS APPROXIMATELY 1059 ACRES PROPERTIES LOCATED ACROSS 14 PARCELS IN THE VICINITY OF THE TOWN OF GREENSBORO AND GOLDSBORO ALONG GREENSBORO ROAD, BRIDGE TOWN ROAD, AND JACKSON LANE BOTH THE SUBSTATION AND THE COMMERCIAL SOLAR ENERGY SYSTEM.

THEY BOTH REQUIRE MAJOR SITE PLAN APPROVALS FROM THE PLANNING COMMISSION.

AND A SPECIAL USE EXCEPTION, APPROVAL FROM THE BOARD OF ZONING APPEALS.

NOW, PLANNING COMMISSION REVIEWED A PRELIMINARY SET OF PLANS BACK IN MAY OF 2018 AND AT THAT POINT IN TIME GAVE A POSITIVE RECOMMENDATION FOR THE APPLICANTS TO MOVE FORWARD WITH A SPECIAL USE EXCEPTION.

SO AT THAT POINT IN TIME, THE BZA HELD A PUBLIC HEARING FOR THAT APPLICATION.

THAT WAS AUGUST 16TH OF 2018 AND UNANIMOUSLY APPROVED THE APPLICATION.

SO AT THIS POINT, THE APPLICANT HAS HAD SOME ISSUES GETTING CONFIRMATION FROM DELMARVA POWER FOR HOW THE SUBSTATION WAS GOING TO BE LAID OUT, THE LOCATION.

SO KIND OF DELAYED THEM A LITTLE BIT.

SO NOW WE'RE HERE. WE'RE AT A POINT NOW WE'RE AT A FINAL SITE PLAN.

AND SO THE COMMENTS THAT I'VE PROVIDED ARE BASED ON NOT JUST PREVIOUS SUBMITTALS, BUT ON ADDITIONAL SUBMITTALS THAT WERE RECENTLY SUBMITTED THAT HADN'T BEEN SUBMITTED BEFORE. SOME GRADING PLANS THAT WERE SUBMITTALS.

[00:05:02]

THERE ARE SOME ADDITIONAL DOCUMENTS, LANDSCAPE AGREEMENTS.

YOU KNOW, ROAD USE AGREEMENTS, THAT TYPE OF THING.

SO MOST OF THESE COMMENTS ARE NEW.

THERE'S 4 OR 5 THAT WERE IN THE PREVIOUS SUBMITTAL.

I JUST WANT TO DRAW YOUR ATTENTION TO TO TWO IN PARTICULAR.

ONE DEALS WITH A BUILDING PERMIT ISSUE.

WE'VE HAD A PARCEL THAT'S PROPOSED TO HAVE SOME SOLAR PANELS ON IT.

THE OWNER HAD DONE SOME WORK WITHOUT PERMITS, ADDITIONS ON HIS HOUSE THAT MAY OR MAY NOT CAUSE SOME ISSUES.

WE'RE WORKING WITH THE APPLICANT TO TO RESOLVE THAT.

THE OTHER ISSUE IS SOME LICENSE CONDITIONS ASSOCIATED WITH PUTTING SOME FOREST UNDER EASEMENT.

PUBLIC UTILITIES ARE ARE EXEMPT FROM FOREST CONSERVATION LAW.

NOW, THE CPCN APPROVAL HAS A LICENSE CONDITION THAT THERE ARE SOME FORESTED AREAS THAT MUST BE PUT UNDER EASEMENT AS PART OF THAT CONDITION.

SO THERE'S BEEN SOME BACK AND FORTH DISCUSSIONS BETWEEN THE APPLICANT AND OURSELVES ON WHETHER OR NOT DNR IS GOING TO HOLD THAT EASEMENT OR WHETHER WE'LL HOLD THE EASEMENT.

SO THOSE TWO ITEMS IN PARTICULAR ARE THE ONES THAT ARE KIND OF OUTSTANDING AT THIS POINT.

THE REST OF THEM I KNOW RYAN HAS PREPARED A RESPONSE LETTER TO MY TO MY COMMENTS, SO I'LL LET HIM HAND THAT OUT WHEN WE OPEN THE FLOOR TO HIM.

BUT HE'S ALSO POINTED OUT THOSE SAME TWO AND SIX IS IN HIS RESPONSE LETTER.

SO IF YOU HAVE QUESTIONS FOR ME REGARDING MY REVIEW OR THESE PARTICULAR ITEMS, ANSWER THOSE QUESTIONS NOW OR WE CAN OPEN UP THE FLOOR TO THE APPLICANTS.

SO. THE PROJECT SIX YEARS AGO GOT THEIR SITE PLAN APPROVED, RIGHT? CORRECT. AND IN YOUR RESPONSE IN YOUR LETTER THAT YOU DID TO US AND YOU WENT THROUGH OUR REQUIREMENTS.

SO EVERYTHING IN THE SITE PLAN THAT THEY HAVE MEETS OUR REQUIREMENTS ALONG WITH OUR COMPREHENSIVE PLAN, OUR ZONING.

WE JUST HAD ISSUES.

THAT HAVE TO BE ADDRESSED WITH THE ADDITIONAL BUILDING.

CORRECT. SO THE COMMENTS LISTED IN THE REVIEW LETTER, THEY'LL NEED TO BE ADDRESSED BEFORE WE CAN ISSUE ANY KIND OF BUILDING PERMIT OR ZONING CERTIFICATE TIED TO THE PROJECT.

NOW, AGAIN, THEY'VE BEEN ACTIVELY WORKING ON A MAJORITY OF THESE ITEMS. I HAD RESPONSES BACK FROM RYAN THE NEXT DAY ON THE WEEKEND AFTER I SENT THIS LETTER.

SO WHEN WE WHEN WE GAVE THE BOARD A COPY OF MY LETTER, WAS THE SAME TIME THAT I HAD SENT IT TO RYAN FOR REVIEW.

SO I WORKED ON IT ALL WEEK.

THAT'S WHEN I GOT IT DONE. I WISH I COULD HAVE GOT IT TO YOU SOONER.

YOU'D HAD A LITTLE BIT MORE TIME TO LOOK AT IT, BUT IT IS WHAT IT IS.

BUT THESE COMMENTS. YEAH.

SO RYAN HAS ASSURED US THAT ALL THESE ITEMS, OTHER THAN THE TWO THAT I HAD MENTIONED, WHICH ARE OUTSTANDING, HAVE HAVE BEEN ADDRESSED OR ARE CURRENTLY BEING ADDRESSED AND WILL BE SUBMITTED SHORTLY.

SO BASED ON, YOU KNOW, STAFF COMMENTS, WHEN AFTER RYAN PRESENTS I'LL GO OVER THE THE EIGHT POINTS IN WHICH YOU HAVE TO REVIEW AND APPROVE AS PART OF THE SITE PLAN.

AND THEN WE CAN KIND OF LOOK AND YOU CAN ANSWER THOSE QUESTIONS FOR YOURSELF ON WHETHER, YOU KNOW, A CONDITION OF APPROVAL IS ONE OF THOSE THINGS THAT YOU WANT TO GRANT.

BUT AGAIN, THAT'S THAT'S THAT'S WHERE I'M AT.

THAT'S WHERE STAFF IS AT.

WE'VE HAD CONVERSATIONS WITH THEM ABOUT THESE OUTSTANDING COMMENTS, AND WE'RE IN AGREEANCE THAT AT THIS POINT JUST GET THESE THINGS DONE AND EVERYTHING ELSE IS COMPLIANT.

SOME OF THE THINGS IN YOUR THE, THE DISCREPANCIES, THE 21 DISCREPANCIES, SOME OF THEM ARE YOU USUALLY HAVE THEM ANYWAY.

CORRECT. THEY USUALLY YEAH.

WHEN YOU GO THROUGH MULTIPLE ITERATIONS, OCCASIONALLY YOU GET SOME VERSIONING ISSUES BETWEEN DOCUMENTS AND PLAN SETS AND HOW THOSE DOCUMENTS ARE PUT TOGETHER.

JUST WITH SOFTWARE.

SO YEAH, A LOT OF THE, A LOT OF THESE ARE PRETTY STANDARD, YOU KNOW, ONE IN PARTICULAR, JUST CONFLICTING, LIMITED DISTURBANCE.

SO THEY MODIFIED THE LAYOUT BECAUSE THEY CHOSE A DIFFERENT SET OF SPECS FOR PANELS.

AND SO THEY REDUCE THAT AREA, THE NUMBER OF PANELS.

SO THAT ACTUALLY CHANGED THE LAYOUT AND THE ACCESS ROADS AND THAT KIND OF THING.

SO WHAT HAPPENED AT THAT POINT YOU'LL HAVE VARYING SCALES THAT ARE OFF.

YOU'LL HAVE LEDS NOT BEING CORRECT BECAUSE YOU'VE GOT VERSIONING ISSUES.

BUT YEAH, THE REST OF THE STUFF PRETTY SIMPLE.

[00:10:03]

SO YEAH, THOSE STILL NEED TO BE ADDRESSED AND THOSE WILL BE ADDRESSED AFTERWARDS, BUT THEY DON'T HAVE A DIRECT EFFECT ON ON WHAT'S BEEN PROVIDED IN THE PLAN PACKAGE.

THE ONLY OTHER THING THAT I'VE SEEN READING WHEN I READ THROUGH THEM IS, AGAIN, WE HAD QUESTIONING OF CONFLICTING REPORTS.

THIS ENGINEER DON'T KNOW WHAT THIS ENGINEER IS DOING OR WHO TOLD THIS ENGINEER THAT.

AND WE GET CONFLICTING REPORTS.

OR YOU. CORRECT? YEAH. ARE YOU GOOD TO GO TO WORK THEMSELVES OUT? WELL, YEAH. THEY'LL THEY'LL HAVE TO.

THEY'LL HAVE TO BE. THEY'LL HAVE TO BE WORKED OUT.

CORRECT. AND AGAIN, RYAN HAS PREPARED A LETTER WHICH YOU'LL GET HERE SHORTLY.

BULLET BY BULLET HAS ANSWERED OUR COMMENTS.

AND YOU'LL SEE THAT.

OKAY. THANK YOU.

MATT. YOU GOT ANYTHING? NOTHING. OKAY. THANK YOU, MR. JACKSON. MEMBERS OF THE COMMISSION.

IF I CAN PASS THAT LETTER FIRST AND THEN DO THAT.

YOU'RE GOOD. I'M GOOD. I'VE GOT ONE.

THANK YOU. THANK YOU.

THIS IS THE SAME ONE YOU SENT ME.

IT IS. I GOT IT RIGHT HERE.

FOR THE RECORD, RYAN SHOWALTER APPEARING ON BEHALF OF CHERRY WOOD SOLAR ONE LLC, 100 NORTHWEST STREET, EASTON, MARYLAND.

TO MY RIGHT IS JASON ANDREWS, WHO'S THE PROJECT MANAGER, AND WE ALSO HAVE JASON LOHR FROM DAVIS BOHN AND FRIDELL'S PROJECT ENGINEER.

AND I'LL LET JASON INTRODUCE HIS TEAM.

OKAY. THANK YOU. APPRECIATE THE TIME.

AND I'D ALSO LIKE TO INTRODUCE TONY BASS.

HE'S OUR ENGINEERING CONSTRUCTION SUBJECT MATTER EXPERT.

WE HAVE LINDSAY KEELAN, WHO'S OUR ENVIRONMENTAL SUBJECT MATTER EXPERT, AND SARAH VOGLER IN ATTENDANCE TOO, FROM THE COMPANY, WHO'S ALSO ENGINEERING CONSTRUCTION.

AND SO WE WE PROVIDED YOU WITH A POWERPOINT PRESENTATION THE LAST TIME ABOUT THE PROJECT AND THE OVERVIEW.

AND I THOUGHT WHAT MIGHT BE MOST EFFICIENT TODAY IS TO JUST WALK THROUGH THE COMMENTS, BECAUSE I, FRANKLY HAD THE SAME INITIAL REACTION WHEN I OPENED MATT'S EMAIL ON FRIDAY AND KIND OF SAID YOU KNOW, THERE'S A LOT OF BULLETS HERE, BUT WHEN YOU READ THEM, THEY'RE MOST OF THEM ARE REALLY DRAFTING ISSUES, AND I THOUGHT THAT YOU WOULD HAVE QUESTIONS OR CONCERNS ABOUT THOSE. AND THE BEST WAY TO PROCEED MIGHT BE TO JUST TAKE THEM ONE BY ONE AND ADDRESS THEM.

SO YOU YOU, I THINK, WILL HAVE A LOT MORE CONFIDENCE THAN YOU DID WHEN YOU WALKED IN THE BUILDING TODAY THAT THEY'RE NOT SIGNIFICANT ISSUES.

THE ONLY THING THAT I, I DID IS I TOOK THE LIBERTY OF REPLACING THE BULLETS WITH NUMBERS JUST TO MAKE IT EASIER FOR US TO TO KNOW WHICH ONE WE'RE TALKING ABOUT.

I'M NOT GOING TO READ THIS VERBATIM, BUT WE'RE HAPPY TO TALK ABOUT ANY OF THESE IN DETAIL IF YOU HAVE QUESTIONS.

THE FIRST BULLET IDENTIFIED A PARCEL THAT THAT HAD THE AN OUTDATED OWNERSHIP NAME ON THE FIRST PAGE.

CHERRYWOOD SOLAR DID BUY ONE OF THE PROPERTIES IT HAD UNDER CONTRACT.

SO THAT THAT'S BEEN UPDATED.

JASON HAS WITH HIM.

IF YOU'RE INTERESTED IN TURNING PAGES, A REVISED PLAN SET, THAT IS, I THINK YOU SAID 95 OR 97%.

IT JUST NEEDS TO BE PROOFREAD.

BUT ALL OF THESE COMMENTS THAT WERE DRAFTING ISSUES WE THINK HAVE BEEN ADDRESSED ALREADY.

WHAT HE'D DONE THE SAME WHEN WE HAD.

HE HAS. HE HAS A VERSION THAT ADDRESSES ALL OF THESE.

IT'S UPDATED. SO THE THE SUBSTANCE OF THE PLAN, YOU KNOW, WHAT IT DEPICTS IS THE SAME, BUT WHERE THERE WERE INCONSISTENT LIMITS OF DISTURBANCE OR LABELS THAT POINTED TO SOMETHING THAT DIDN'T EXIST, THOSE HAVE BEEN RESOLVED.

THE SECOND ISSUE IS, IS ONE THAT THAT MR. KACZYNSKI REFERENCED SPECIFICALLY ONE OF THE PARCELS THAT IS PART OF THIS PROJECT HAS A HOUSE THAT I LEARNED THIS EVENING, HAS TWO ADDITIONS THAT WERE PUT ONTO IT WITHOUT BUILDING PERMITS.

AND THE OWNER HAS TOLD US THAT HE'S UNDERTAKEN SOME EFFORTS TO BRING IT INTO COMPLIANCE.

I'M NOT SURE THAT THERE'S BEEN AS MUCH EFFORT.

WELL, I KNOW THERE'S NOT BEEN AS MUCH EFFORT AS THE COUNTY WANTS OR NEEDS.

I DON'T THINK THE COUNTY HAS THE AUTHORITY TO PREVENT THIS LEASEHOLDER FROM IMPLEMENTING ITS PROJECT WHEN THE LANDOWNER HAS A SEPARATE VIOLATION, BUT WE WANT TO WORK WITH THE COUNTY TO FIX IT.

AND HE WANTS TO WORK WITH THE COUNTY TO FIX IT.

SO WHAT WE'VE DISCUSSED IS MOVING FORWARD ON THE SOLAR PROJECT, AND AT THE SAME TIME, USING OUR RELATIONSHIP WITH THE LANDOWNER TO TRY TO MEMORIALIZE A PLAN FOR HIM TO OBTAIN BUILDING PERMITS AND HEALTH DEPARTMENT APPROVALS AND COMPLETE ANY NECESSARY COUNTY INSPECTIONS.

AND IF THAT REQUIRES MODIFICATIONS OR REMOVAL OF SOME OF THE STRUCTURES THAT DON'T HAVE APPROVALS, YOU KNOW, HE WOULD AGREE TO TO DO THAT.

AND WE'VE SHARED WITH HIM THIS CONCEPT THAT WE'D HAVE A REMEDIAL PLAN HE'S HE'S INDICATED THAT HE'S WILLING TO TO COOPERATE AND SIGN.

[00:15:07]

ITEM THREE, THERE WAS A LOT OF TEXT THERE, BUT WE'VE PROVIDED THE COUNTY WITH COPIES OF ALL OF THE LEASE AGREEMENTS THAT THAT ARE THE UNDERLYING BASIS FOR THE PROJECT.

THE LEASING IS DONE FOR THIS LONG BEFORE ALL OF THE FINAL ENGINEERING AND DESIGN.

SO THE FIRST COMMENT THAT MATT HAD INDICATED THAT ONE LEASE INCLUDED TWO DIFFERENT PARCELS, ONE OF WHICH IS NO LONGER IN THE PROJECT.

THAT PARCEL HAS ALREADY BEEN RELEASED TO RECORD.

AND SO WE THE RECORDING REFERENCE IS IN HERE.

IT WAS NOT IN THE LEASE PACKAGE THAT WE GAVE TO THE COUNTY SIX MONTHS AGO, BUT WE'LL GET THE COPY OF THE RELEASE TO THE COUNTY.

AND THE SECOND COMMENT IDENTIFIED A NUMBER OF PARCELS THAT WERE UNDER SIMILAR OWNERSHIP, WHERE THERE WAS SOME LINE REVISIONS AND SOME MINOR OWNERSHIP CHANGES.

WE'VE BEEN WORKING WITH THE LANDOWNERS TO CLEAN THAT UP AT THE COUNTY'S REQUEST.

TODAY COPIES OF LEASE AMENDMENTS SIGNED BY THE LANDOWNERS WERE DELIVERED TO MY OFFICE.

CHERRYWOOD SOLAR WILL SIGN IN THE NEXT COUPLE OF DAYS WHEN THOSE TENANT SIGNATURES ARE FED TO ME, WE'LL RECORD THEM AND PROVIDE COPIES TO THE COUNTY SO THAT THAT WILL CONCLUDE THAT ISSUE.

NUMBER FOUR ADDRESSES THE DECOMMISSIONING PLAN.

WE PROVIDED A COPY OF THE DECOMMISSIONING PLAN TO YOU BEFORE, AND THERE WAS SOME DISCUSSION ABOUT WHAT THE VALUE OF THE SURETY WOULD BE FOR DECOMMISSIONING.

A COUPLE OF WEEKS AGO, MAYBE TEN DAYS AGO, THE COUNTY COMMISSIONERS VOTED TO ADOPT A POLICY THAT EXCLUDES SALVAGE VALUE FROM THE DECOMMISSIONING BOND.

IT REQUIRES FULL PAYMENT OF THE DECOMMISSIONING COSTS WITHOUT ANY RECOGNITION OF REVENUE.

SO WE UNDERSTOOD THAT WE PUT THAT IN PLACE AND HAVE SECURED A BOND FOR THE 12 PLUS MILLION DOLLARS.

THAT WAS THE THE TOTAL DECOMMISSIONING COST.

AND THEN THIS COMMENT ALSO IDENTIFIED REMOVAL OF THE LANDSCAPING BUFFERS AS SOMETHING THAT NEEDED TO BE ADDED TO THE DECOMMISSIONING PLAN AND THE ESTIMATE.

SO WE HAVE THAT THAT DECOMMISSIONING COST ESTIMATE BEING UPDATED.

AS SOON AS WE HAVE THE FINAL COST ESTIMATE, WE'LL, WE'LL REFINE THE BOND, BUT WE WILL POST A BOND FOR THE FULL DECOMMISSIONING COMMISSIONING COST, INCLUDING REMOVAL OF THE LANDSCAPING. AND IT'S NOT TYPICAL THAT YOU HAVE A DECOMMISSIONING BOND IN HAND BEFORE THERE'S FINAL SITE PLAN APPROVAL ANYWAY.

SO THIS IS TYPICALLY A POST APPROVAL.

ITEM NUMBER FIVE REQUIRES THE THE GENERAL PERMIT FOR DISCHARGE OF STORMWATER FROM A CONSTRUCTION SITE TO BE PROVIDED TO THE COUNTY.

WE'RE HAPPY TO DO THAT.

GENERALLY YOU NEED EROSION SEDIMENT CONTROL APPROVAL AND STORMWATER APPROVAL TO GET THAT PERMIT.

SO THAT'S ALWAYS A POST SITE PLAN APPROVAL CONDITION ANYWAY, AND WE'LL PROVIDE THAT TO THE COUNTY.

NUMBER SIX IS THE OTHER ITEM THAT MATT MENTIONED.

THE THE PROJECT IS EXEMPT FROM THE FOREST CONSERVATION ACT UNDER BOTH THE STATE CODE AND THE COUNTY'S CODE.

AND THERE WAS A DETERMINATION BY MISS FREEMAN BACK 6 OR 7 YEARS AGO THAT IT WAS EXEMPT.

AND UNDERSTAND THAT MISS DADDS CONCURS, AND IT STILL MEETS THAT EXEMPTION DESPITE THE EXEMPTION WHEN IT WAS REVIEWED BY THE PUBLIC SERVICE COMMISSION.

THEY IMPOSED A CONDITION THAT WE PUT CERTAIN FOREST AREA THAT'S OWNED BY THE PROJECT UNDER PERPETUAL EASEMENT TO, TO CONSERVE IT OR PROTECT IT, WHICH WHICH WE'RE HAPPY TO DO.

THEY IMPOSED A CONDITION THAT REQUIRES THAT WE ESTABLISH A FOREST CONSERVATION EASEMENT.

THAT CONDITION DOESN'T SAY YOU HAVE TO COMPLY WITH THE FOREST CONSERVATION ACT.

IT JUST SAYS YOU HAVE TO CONSERVE THE FOREST.

THE CONDITION REQUIRED THAT WE PROTECT JUST OVER 20 ACRES OF FOREST.

WE'VE ACTUALLY DECIDED THAT WE WOULD WE WOULD PROTECT ABOUT 26.5 ACRES OF FOREST.

WE'VE DRAFTED AN EASEMENT THAT IS BASED ON THE STATE OF MARYLAND STANDARD FORM FOREST CONSERVATION EASEMENT AGREEMENT.

AND THE THE I THINK THE ONLY REAL CHALLENGE THAT WE HAVE IS THE LANGUAGE OF OUR STATE CONDITION REQUIRES THAT THE FOREST BE PROTECTED BY AN EASEMENT THAT'S APPROVED BY DNR.

DNR DOESN'T WANT TO APPROVE OR HOLD THE EASEMENT.

THEY WANT THE COUNTY TO HOLD THE EASEMENT, AND THE COUNTY TYPICALLY ONLY HOLD EASEMENTS OR APPROVE EASEMENTS IN CONNECTION WITH COMPLIANCE UNDER THE FOREST CONSERVATION ACT.

SO WE'RE GOING TO PROTECT 26 ACRES PERMANENTLY.

WE HAVE AN EASEMENT DRAFTED USING THE STATE'S FORM, AND WE JUST NEED TO MAKE SURE THAT THE COUNTY IS COMFORTABLE HOLDING IT AND THAT WE CAN STILL REPRESENT TO THE STATE THAT DNR HAS APPROVED IT.

SO WE'RE JUST WORKING TO TO NAVIGATE THE LANGUAGE OF THAT CONDITION.

BUT THE THE SUBSTANCE OF IT PROTECT AT LEAST 20 ACRES OF FOREST.

YOU KNOW, WE'RE EXCEEDING BY ABOUT 30% AS SOON AS WE GET THAT EASEMENT SIGNED AND RECORDED.

YOU AND DNR AND OUR OFFICE ARE ALL WORKING TOGETHER.

WE WE ARE WORKING TOGETHER, RIGHT?

[00:20:01]

IT'S IT'S TWO BLOCKS.

SO IT'S CONTIGUOUS ON TWO PARCELS ADJACENT TO THE SUBSTATION.

AND THEN THERE'S ONE, THERE'S ONE LARGER BLOCK OF WOODS THAT CHERRY WOOD ACQUIRED THAT DOESN'T HAVE ANY SOLAR DEVELOPMENT.

SO WE'RE JUST PROTECTING THE ENTIRETY OF THAT PARCEL.

AND THAT'S WHY IT'S MORE THAN THE 20 ACRES.

SEVEN ADDRESSES THE STORM WATER MAINTENANCE AND INSPECTION AGREEMENT.

AGAIN, THIS IS SOMETHING THAT TYPICALLY COMES AFTER SITE PLAN APPROVAL.

ON FRIDAY, MATT PROVIDED THE COUNTY'S MOST RECENT FORM AND IT WAS RETURNED BEFORE 6:00 FRIDAY EVENING.

DRAFTED AND READY FOR REVIEW.

WE HAVE THAT BOND.

IT HASN'T BEEN SIGNED, BUT THE BOND HAS BEEN PREPARED AND IS READY TO BE DELIVERED TO THE COUNTY.

NUMBER EIGHT IDENTIFIED A DISCREPANCY IN THE LANDSCAPE BETWEEN THE LANDSCAPE COST ESTIMATE AND THE SITE PLAN.

AND WHAT WE IDENTIFIED THERE IS IF YOU LOOK AT THE LANDSCAPE PLAN SHEET, THERE ARE TABLES THAT THAT TABULATE THE TOTAL QUANTITY OF TREES AND SHRUBS AND GRASSES.

AND THERE ARE ACTUALLY TWO DIFFERENT BUFFER TYPES.

SO THERE'S A SECOND, SMALLER TABLE THAT IDENTIFIES A PORTION OF THE GRASSES.

AND I THINK THAT WHEN IN THE REVIEW THAT SECOND TABLE WAS JUST MISSED.

SO IF YOU ADD THE TOTAL QUANTITY IN BOTH TABLES TOGETHER, THE TOTAL MATCHES THE COST ESTIMATE.

AND THEN WE THEN WE REALLY GET TO THE SORT OF MINOR DRAFTING DISCREPANCIES.

NUMBER NINE IDENTIFIED SOME AREAS WHERE THERE ARE TWO DIFFERENT LIMITS OF DISTURBANCE.

AS MR. KOZINSKI NOTED, WE WE UPGRADED THE, THE THE EFFICIENCY OF THE PANELS, SO IT REDUCED THE TOTAL NUMBER OF PANELS AND REDUCED THE FOOTPRINT.

AND THERE WERE SOME PLACES IN THE SITE PLAN WHERE TWO DIFFERENT LAYERS WERE LEFT ON AND PRINTED.

SO THERE WERE TWO DIFFERENT LIMITS OF DISTURBANCE.

WE'VE GONE THROUGH AND IDENTIFIED AND CORRECTED ALL OF THOSE DRAFTING ERRORS.

NUMBER TEN, THERE'S A SUBSTATION.

EVS IS A SEPARATE ENGINEERING FIRM THAT IS DOING SOME OF THE GRADING DESIGN.

AND SO THERE WAS A MINOR DISCREPANCY BETWEEN THE LAYOUT ON THEIR PLAN SET AND THE LAYOUT ON DBF'S PLAN SET.

THAT NOT CONFUSION ABOUT WHICH ONE APPLIES.

JUST PEOPLE HAD OUTDATED FILES WHEN THEY GENERATED THE PLANS.

11. A NUMBER OF PLACES WHERE THERE WERE LABELS THAT NEEDED TO BE UPDATED.

SO THERE MIGHT HAVE BEEN A LABEL TO A GATE WITH AN ARROW THAT POINTED TO AN EMPTY FIELD, BECAUSE WHEN THE PANELS CHANGED AND THE THE FIELD SIZE CHANGED, THE LABEL OR THE ARROW DIDN'T GET UPDATED.

SO THOSE HAVE ALL BEEN CORRECTED IN THE PLAN.

COMMENT 12 ADDRESSES THE THE OVERALL SHEET, THE COVER SHEET, IF YOU WILL, THAT SHOWS THE TOTAL LIMIT OF THE PLANS.

AND IF YOU LOOK AT IT, THERE'S GRAY SHADING THAT IDENTIFIES ALL OF THE PARCELS THAT ARE SUBJECT TO THE PROJECT.

FOR SOME REASON, WHEN THAT SHEET WAS, WAS RENDERED OR PRINTED, THERE ARE A COUPLE OF AREAS WHERE THE GRAY SHADING EXTENDS BEYOND THE BOUNDARIES OF THE TAX PARCELS.

THAT WAS REALLY JUST A PRINTING ERROR THAT'S BEEN CORRECTED.

13. A SIMILAR DRAFTING ERROR.

THERE WAS A STORMWATER RETENTION POND THAT WAS SHOWN ON A SHEET.

IT WENT AWAY IN THE FINAL STORMWATER DESIGN, BUT THAT THAT EARLY DESIGN LAYER WASN'T TURNED OFF SO THAT THE POND PRINTED ON THE.

THE PLAN SAID IT'S BEEN REMOVED.

14. IDENTIFIED TWO STRINGS OF PANELS THAT DID NOT COMPLY WITH THE 200 FOOT SETBACK FROM RESIDENCES.

BOTH OF THOSE WERE PICKED UP AND HAVE BEEN SHIFTED, SO THOSE AREAS HAVE BEEN ADJUSTED AND CORRECTED.

15 NOTED THAT A SCALE BAR WAS MISSING ON SEVERAL SHEETS.

THE SCALE BAR HAS BEEN ADDED TO THE SHEETS.

16. IDENTIFIED A STAGING LAYOUT AREA AND THEN A STOCKPILE AREA THAT WEREN'T SHOWN ON THE EROSION SEDIMENT CONTROL PLANS.

THOSE HAVE BEEN ADDED.

17. THERE WAS A STOCKPILE AREA FOR TOPSOIL SHOWN ON THE SUBSTATION PLAN THAT WASN'T ON THE SEDIMENT CONTROL PLAN.

AND AGAIN, THOSE THOSE HAVE BEEN RECONCILED.

18 WE HAVE A COUPLE OF DIRECTIONAL BOARDS WHERE WE'RE RUNNING ELECTRICAL CABLES EITHER UNDER ROADS OR UNDER STREAMS. THERE WAS ONE THAT WAS NOT INCLUDED ON THE SITE PLAN THAT WAS SHOWN ON THE GRADING CONTRACTORS PLAN THAT'S BEEN PICKED UP AND ADDED.

19 IDENTIFIES AN AREA THAT WAS SHOWN AS A STAGING OR LAYDOWN AREA ON ONE SHEET, AND DEPICTED WITH SOLAR PANELS ON THE SITE PLAN SET.

AND ACTUALLY, THEY BOTH WERE RIGHT.

BECAUSE OF THE AMOUNT OF OF EQUIPMENT THAT WE NEED FOR THIS SITE, THAT AREA WILL BE USED FOR LAY DOWN AND INITIAL MOBILIZATION, BUT IT WILL BE THE GRAVEL WILL BE REMOVED. IT WILL BE USED FOR SOLAR INSTALLATION WHEN IT'S DONE.

SO IT'S INTENDED TO BE BOTH.

[00:25:02]

AND THEN THE LAST TWO AGAIN THESE ARE TYPICALLY POST SITE PLAN.

APPROVAL CONDITIONS.

THE ROAD USE AND MAINTENANCE AGREEMENT IS AN AGREEMENT THAT WE PREPARED AND CIRCULATED PROBABLY BACK IN APRIL OR MAY.

MR. BARROW REVIEWED IT AND HAD APPROVED IT, AND WE HAD AN OUTDATED REFERENCE TO THE COUNTY'S EXECUTIVE OR ADMINISTRATIVE ASSISTANT.

AND ALSO NEEDED AN UPDATED PHONE NUMBER.

SO, SO THOSE CHANGES HAVE BEEN MADE, AND THAT WAS RESUBMITTED SATURDAY, SATURDAY AFTERNOON.

AND THEN THE LAST COMMENT ADDRESSES THE LANDSCAPING MAINTENANCE AGREEMENT.

THAT'S AN AGREEMENT THAT GUARANTEES THAT THE LANDSCAPING WILL BE INSTALLED IN ACCORDANCE WITH THE PLAN.

IT REQUIRES IT TO SURVIVE FOR THREE YEARS AND TO BE REPLANTED IF IT DOESN'T SURVIVE.

AND IT HAS A SURETY TO TO GUARANTEE THAT PERFORMANCE.

WE PREPARED A LANDSCAPE AGREEMENT BASED ON THE COUNTY'S WHAT I HAD AS THE MOST RECENT COUNTY PLAN OR FORM.

AND THE COUNTY ADDED TWO PARAGRAPHS THAT ADDRESS THE PROVIDE SOME MORE CLARITY AROUND THE BOND.

SO MATT PROVIDED THAT UPDATED FORM ON FRIDAY, AND I REVISED OUR AGREEMENT AND RESUBMITTED IT ON SATURDAY.

SO EVEN THOUGH THERE ARE A LOT OF COMMENTS, THEY'RE REALLY ALMOST ALL DRAFTING ISSUES WHICH HAVE BEEN ADDRESSED.

IT APPEARS THAT A LOT OF IT JUST SHOWS HOW THOROUGH YOUR REVIEWER IS DOING HIS JOB, WHICH IS GREAT, BUT IT'S A VERY LARGE PROJECT. IT IS.

ABSOLUTELY. I'M GOING TO GET TO THE BOTTOM OF THIS, BUT HOW MANY SUBMITTALS THAT WE'VE HAD? OVER SIX YEARS, I DON'T EVEN KNOW.

I KNOW I HAVE A BOX SITTING ON MY FLOOR IN MY OFFICE I'D LIKE TO GET RID OF.

SO WE, YOU KNOW, WE HAVE A WHOLE TEAM HERE.

WE'VE GOT A COPY OF THE UPDATED PLANS THAT WE'RE HAPPY TO ANSWER.

ANY QUESTIONS THAT YOU HAVE, IF YOU HAVE THEM, IF YOU DON'T.

I DON'T WANT THIS TO APPEAR PRESUMPTUOUS, BUT I THOUGHT IT MIGHT BE HELPFUL, GIVEN THE FACT THAT WE HAVE THOSE TWO CONDITIONS THAT MATT MENTIONED.

I TOOK AN ATTEMPT AT CRAFTING A MOTION FOR A CONDITIONAL APPROVAL.

AND SO THERE'S TEXT IN MY LETTER, IF YOU'RE INCLINED TO DO SO, TO MAKE IT EASIER FOR YOU.

WHAT WHAT WE WOULD REQUEST IS A FINAL SITE PLAN APPROVAL THAT'S CONDITIONED ON COMPLIANCE WITH ALL OF THE STAFF COMMENTS, WITH THE ONLY EXCEPTION BEING THE THE TWO ONE RELATED TO THE THE HOUSE THAT DOESN'T HAVE BUILDING PERMITS, AND THE SECOND RELATED TO FOREST CONSERVATION.

WE'D LIKE YOUR CONDITION TO BE THAT WE WE RESOLVE THOSE TO THE SATISFACTION OF COUNTY STAFF, BUT NOT NECESSARILY STRICTLY COMPLY TO THE THE TEXT IN THE STAFF REPORT, BECAUSE I THINK WE'VE REACHED OR CLOSE TO AGREEMENTS THAT MIGHT DIFFER SLIGHTLY FROM WHAT THE STAFF REPORT SAYS.

YEAH. GO AHEAD AND TAKE IT INTO CONSIDERATION.

NO. NO, SIR. JUST JUST TO BE CLEAR, I'M NOT ASKING YOU TO TAKE THEM AWAY.

I'M JUST ASKING THAT WITH RESPECT TO THOSE TWO CONDITIONS.

NOT THAT WE STRICTLY COMPLY WITH THEM, BECAUSE, YOU KNOW, FOR EXAMPLE, THE ONE THAT DEALS WITH THE HOUSE, THAT DIDN'T GET PERMITTED WHAT THE REVIEW COMMENT SAYS IS THIS PROJECT CAN'T PROCEED UNTIL THAT THAT PROPERTY IS IN COMPLIANCE.

DOES OUR CODE SAY IT DOESN'T SAY THAT EVERYTHING HAS TO BE IN COMPLIANCE BEFORE YOU CAN ISSUE A PERMIT? NO, WE DON'T HAVE THAT'S A IT'S A POLICY THAT WE'VE ENFORCED WITH VIOLATIONS FOR GOD KNOWS HOW LONG.

SO WE'VE HAD A DISCUSSION ON ENFORCEMENT FOR AND THIS THIS IS A DIFFERENT BEAST THAN HOW WE NORMALLY INTERPRET IT.

TYPICALLY WE HAVE HOMEOWNERS THAT ARE THE ONES THAT HAVE VIOLATED SOMETHING, AND THEY'RE WANTING TO DO SOMETHING ELSE ON THEIR PROPERTY, AND THAT'S WHERE WE'VE ALWAYS REQUIRED THAT VIOLATIONS.

BE RESOLVED PRIOR TO US ISSUING ANY NEW PERMITS OR ANY NEW ZONING CERTIFICATES.

IN THIS CASE, WE HAVE A WE HAVE A HOMEOWNER THAT'S DONE THE VIOLATING, BUT THE APPLICANT ITSELF IS JUST HAS A LEASEHOLD INTEREST. SO WE'RE TRYING TO COME UP WITH A SOLUTION THAT WOULD BENEFIT BOTH PARTIES IN THAT ASPECT.

YES, THAT VIOLATION IS GOING TO BE RESOLVED.

HOW WE HANDLE IT IS NOT THE SAME AS HOW WE TYPICALLY HANDLE IT.

THE VIOLATION AFFECTS THE LEASE, THE PROPERTY, THE BOUNDARY.

IT DOES NOT ANYTHING OF IT.

IT'S HE ADDED ON TO HIS HOUSE, WHICH IS OUTSIDE OF THE LEASE AREA.

HE HE PROBABLY HE MAY HAVE TO EXPAND HIS SEPTIC SYSTEM AND WE'VE LOOKED AT IT.

THERE ARE ACRES OF HIS PARCEL THAT ARE OUTSIDE OF THE LEASE AREA.

SO IT IT MIGHT MEAN THAT HE HAS TO PUMP TO A DRAIN FIELD THAT'S 400FT AWAY THAT, YOU KNOW, COULD BE CLOSER IF HE HAD DONE IT PROPERLY.

[00:30:05]

NO. YOU KNOW, SO YOU JUST SIT AROUND AND BECAME A VICTIM? I MEAN, IT WAS DISCOVERED, I GUESS, JANUARY OF THIS YEAR OR WINTER LAST WINTER AT SOME POINT.

HE RECEIVED NOTICES OF VIOLATION FROM THE COUNTY.

IT DOESN'T AFFECT OUR LEASE AREA AT ALL.

IT DOESN'T IMPACT YOUR PROJECT.

THAT'S CORRECT. WHAT DID THEY WANT? CORRECT. SO WE'RE NOT ASKING THAT YOU IGNORE THAT CONDITION.

WE'RE JUST ASKING THAT YOUR CONDITION, YOUR CONDITIONAL APPROVAL, NOT REQUIRE US TO STRICTLY COMPLY WITH MATT'S INITIAL STATEMENT THAT WE CAN'T GO FORWARD.

WE'D LIKE TO RESOLVE THAT TO THE STAFF'S SATISFACTION, BUT.

BUT NOT HAVE TO STRICTLY COMPLY WITH THAT CONDITION.

I HAVE TWO QUESTIONS. I THINK.

THANK YOU ALL FOR.

DID YOU HAVE SOMETHING TO TELL ME? CAN WE DO CONDITIONAL ACCEPTANCE WITH A TIME STIPULATION? WELL, CORRECT ME IF I'M WRONG, CRYSTAL, BUT IF YOU DON'T SPECIFY TIME, IT SIMPLY MEANS THEY CAN'T GET A BUILDING PERMIT. CONSTRUCTION PERMIT UNTIL THE CONDITION HAS BEEN COMPLIED WITH.

AM I CORRECT THAT WHETHER IT'S TWO WEEKS, SIX MONTHS, TEN YEARS? EITHER WAY, IN RESPONSE TO THE VIOLATION OUTSIDE OF CHERRY WOODS PROJECT, THE COUNTY WILL PROCEED WITH THAT VIOLATION TO ENSURE THAT IT'S REMEDIED.

OKAY. SO THEN CAN THAT CAN THAT BE ONE OF THE CONDITIONS? I MEAN, IS IT POSSIBLE THAT THAT I WOULD SAY IT WOULD BE DIFFERENT IF IT'S NOT REMEDIED AT A CERTAIN POINT.

I THINK THERE'S SOME FACTORS TO TAKE INTO CONSIDERATION, BECAUSE AT THIS POINT, THE ONLY INFORMATION WE HAVE BACK FROM THE ENVIRONMENTAL HEALTH DEPARTMENT WAS ON APRIL 10TH, ASKING THE HOMEOWNER TO PROVIDE SOME ADDITIONAL INFORMATION TO THEM BEFORE THEY COULD GIVE ANY RESPONSE AS TO WHETHER IT WOULD ULTIMATELY BE APPROVED, OR THEY MAY HAVE TO PROCEED WITH SOME TESTING IN THE SPRING AND NOT KNOWING WHAT THOSE TIMELINES LOOK LIKE, AND WHETHER THAT THE HOMEOWNER CHOOSES TO DO THAT, OR MAYBE CHOOSES THE OPTION TO REMOVE THE STRUCTURE.

I THINK THAT WOULD NOT BE NECESSARY FOR THE PLANNING COMMISSION TO PUT A TIMELINE ON THAT, BECAUSE, AGAIN, THE COUNTY WOULD ADDRESS THAT SEPARATELY WITH THE PROPERTY OWNER TO ENSURE THAT IT HAPPENS.

AND IF THAT HAPPENS TO HAVE TO GO THE ROUTE OF A CIVIL CITATION AND GO THROUGH THE DISTRICT COURT, THAT'S WHAT WE WOULD DO.

BUT THAT WOULD BE WITH THE PROPERTY OWNER TO GET THAT REMEDIED THE PROJECT.

CORRECT. YOU JUST STUMBLED ACROSS IT BECAUSE THEY HAPPENED TO GO AND SAY ANYTHING TO PROPERTY.

WHEN I WAS REVIEWING THE SETBACK REQUIREMENTS, THAT WAS AN AREA THAT THERE WAS A LABEL SHOWN WHERE THE ARRAYS HAD BEEN MODIFIED.

SO IT STUCK OUT DOING MY REVIEW.

IT SHOWED UP. AND MEASURING THAT DISTANCE.

WHEN YOU'RE LOOKING AT THE FOOTPRINT, YOU SEE ANOTHER ADDITIONAL AND THAT HAD TO BE VERIFIED.

SO AS MR. SHOWALTER SAID, THE HOUSE IS NOT WITHIN THEIR LEASED AREA.

SO AND IT DOES MEET THE SETBACK.

THE ADDITIONS DO MEET THE 200 FOOT SETBACK.

I WILL WITH THE REVISION. YEAH.

YEAH. SO OUT OF THE 1059 ACRES, HOW MANY IS ACTUALLY LIKE SOLAR ARRAY? I THOUGHT I SAW 700.

YES. 700 AND THAT'S THE.

SO THAT'S THE TOTAL LIMIT OF DISTURBANCE ASSOCIATED WITH THE CONSTRUCTION IS THE 1059 ACRES.

AND THAT'S THE ACREAGE THAT WE COUNT TOWARDS.

THE CAP IS ALL THE AREA WITHIN THE LOD.

ONE THING TO JUST TO TO CLARIFY.

SO WE'RE GOING TO HAVE WE'RE PREPARING FOR BONDS.

THAT ONE IS THE DECOMMISSIONING BOND WHICH WILL INCLUDE THE NOT INCLUDE THE SALVAGE VALUE.

SO THE FULL DECOMMISSIONING BOND WILL HAVE OUR ROAD USE AGREEMENT BOND.

TO NAME THE COUNTY WILL HAVE OUR STORMWATER MAINTENANCE AND LANDSCAPING AGREEMENT BOND.

AND THEN WE'RE GOING TO HAVE OUR LANDSCAPING AGREEMENT.

BOND WILL HAVE THOSE BONDS.

WE'RE GETTING THEM SIGNED SEALED.

AND THEN ONCE WE GET THAT, WE'LL BASICALLY DELIVER THEM TO THE COUNTY TO INCLUDE GETTING EXECUTED, THE LANDSCAPING AGREEMENT AND THE STORM WATER AGREEMENT? YES. AND THOSE TYPICALLY ARE PROVIDED BEFORE WE RELEASE ANY BUILDING PERMITS.

SO. ANY QUESTIONS?

[00:35:06]

I DON'T KNOW IF THIS IS A STAFF QUESTION.

THEY'RE ASKING QUESTIONS AS FAR AS THE LANDSCAPE BUFFERS.

WAS THAT PROVIDED BY THE APPLICANT OR WAS THAT OVERSEEN BY THE LANDSCAPE ARCHITECTURE THAT WE MET WITH? SO, SO THE THE ORIGINAL REVIEW OF THE LANDSCAPE BUFFERS, WE DID A REVIEW BASED ON COMMENTS PROVIDED BY HOUSTON LANDSCAPE ARCHITECTURE AS PART OF THEIR WAY POST SOLAR REVIEW.

SO WE WE PROVIDED THE SAME COMMENTS.

IT'S BASICALLY THE SAME PLANTING PLAN ON THIS AS IT IS ON THE WILLOWS PROJECT.

SO IT WAS THE SAME COMMENTS PROVIDED.

ONE THING THAT WAS MODIFIED WITH THE PREVIOUS REVISION WAS THE EARNEST SEED MIX WAS WAS DIFFERENT, WHICH ACTUALLY IS A BETTER SEED MIX IN MY OPINION.

IT HAS MUCH MORE NATIVE SPECIES IN IT.

SO BUT OTHER THAN THAT, THE LANDSCAPE BUFFERS HAVE PRETTY MUCH BEEN THE SAME THROUGHOUT THE WHOLE PROCESS.

YOU READ HIS LETTER, RIGHT? YES. READ HIS MOTION.

AND? TELL ME WHEN I GET IT WRONG.

I DID. SURE. DO YOU WANT TO TAKE TWO AND SIX OUT OF THE MOTION AND SAY WE'LL HANDLE IT BETWEEN US AND STATE THAT'S NOT REALLY WHAT I. IT'S NOT, IT'S NOT.

THAT'S NOT WHAT I PROPOSE.

SO SO MY, MY MOTION WOULD ESSENTIALLY BE THAT YOU GRANT SITE PLAN APPROVAL CONDITION UPON US STRICTLY COMPLYING WITH 19 OF THE 21 CONDITIONS AND THEN CONDITIONS TWO AND SIX THAT WE HAVE TO SATISFY STAFF THAT WE'VE ADDRESSED THEIR CONCERN, BUT NOT NECESSARILY FOLLOW THE EXACT LANGUAGE IN MATT'S REPORT. SO WE'RE STILL SUGGESTING THAT TWO AND SIX REMAIN A CONDITION OF THE OTHER 19.

YOU GOT TO SATISFY THAT THERE CAN YOU KNOW, WELL, IF YOU WANT TO PHRASE IT THAT WAY, WE'LL TAKE ALL 21 SATISFIED TO, YOU KNOW, TO THE TO THE STAFF'S REASONABLE SATISFACTION.

AND I MEAN, I'M NOT I'M JUST SAYING IF MATT COMES UP AND SAYS I CAN'T GIVE HIM, IT'S NOT CORRECTED, YOU CAN'T GET THEM TO DO IT.

WE GO OKAY. NO, THE ONLY THING WE DON'T WANT IS A IS A MOTION THAT SAYS YOU HAVE TO COMPLY WITH THE 21 COMMENTS BECAUSE YOU KNOW THE COMMENT FOR THE HOUSE VIOLATION SAYS THIS PROJECT CAN'T GO FORWARD UNTIL THE HOUSE IS RESOLVED.

WE DON'T HAVE TO COMPLY WITH THAT SENTENCE.

THAT'S RIGHT. SO IN EFFECT, IF YOU CORRECT 19, YOU WANT THEM TO ISSUE YOU A PERMIT WHILE YOU'RE STILL WORKING ON TWO AND SIX, RIGHT? WELL, WE'RE GOING TO RESOLVE THE FOREST CONSERVATION ONE BEFORE WE GET A PERMIT ALSO.

I MEAN, AND THAT'S ONE OF THE THINGS THAT GETS RESOLVED AFTER FINALIZATION.

IT DOES ANYWAY. THAT'S RIGHT.

SO SO I'M NOT TRYING TO OVERLY COMPLICATED.

I JUST I DON'T WANT SOMEONE TO HAVE I DON'T WANT THE RECORD TO SAY WE HAVE TO COMPLY WITH CONDITION NUMBER TWO AND HAVE SOMEBODY COME ALONG AND SAY, WELL, YOU CAN'T START CONSTRUCTION UNTIL THAT HOUSE ADDITION IS PERMITTED.

IT MIGHT REQUIRE A WET SEASON PERC TEST THAT TAKES IT TILL NEXT YEAR.

YEAH. ANY MORE QUESTIONS TO THEM? NO PROBLEM.

I'LL JUST HAVE THE REST OF MY STAFF REPORT TO GO OVER.

I'M GOOD. AND THEN.

DO YOU HAVE ANYTHING? NO, I JUST I'M GOING TO.

I'M GOING TO. I'M NOT GOING TO PUT ANYBODY ON THE SPOT.

I ASSUME EVERYBODY'S WORKING TOGETHER.

YEAH. CORRECT.

NOBODY'S REFUSING TO SPEAK TO YOU ANYMORE.

NOT ON THIS PROJECT.

I THINK WE'RE WE'RE A AN EFFICIENT MACHINE AND GETTING, YOU KNOW, MORE, MORE WELL-OILED BY THE DAY.

BUT THE REASON WE ASKED FOR YOU TO CONSIDER THIS PROJECT IN THIS MEETING IS TRULY BECAUSE WE HAVE URGENCY ASSOCIATED WITH CONSTRUCTION.

I MEAN, OUR OUR GOAL IS TO MOBILIZE, YOU KNOW, LABOR DAY, SEPTEMBER 3RD.

SO WE WE EXPECT TO RESUBMIT THE PLANS THAT MR. LAW HAS IN THE NEXT COUPLE OF DAYS WITH ALL OF THESE COMMENTS ADDRESSED TO HAVE BONDS IN YOUR HANDS TO SIGN THESE AGREEMENTS.

SO WE'RE MOVING FORWARD, AND WE'RE GOING TO DO WHATEVER WE NEED TO DO TO MAKE SURE THE COUNTY IS HAPPY.

I WILL TELL YOU FROM AND THIS IS ME, I CAN SAY WHAT THEY WANT.

I CAN TELL YOU THAT IT'S STAFF THAT TELLS US THEY'RE WORKING.

[00:40:03]

EVEN WHEN YOU SEE THIS AD, IT'S ON FACE VALUE LIKE NOBODY DOES.

YOU KNOW, AND AND NOT TO BE IGNORANT, BUT YOUR TIME CONSTRAINTS ARE UNDERSTOOD.

SO THE ONLY REASON THAT I WOULD CONSIDER IT IS BECAUSE YOU'RE WORKING WITH OUR STAFF, AND THEY'RE ASSURED.

THEY'VE BEEN REASONABLY ASSURED.

THEY ASSURED US THAT IF YOU SAY YOU'RE GOING TO FIX SOMETHING, YOU'RE GOING TO FIX IT.

AND I DON'T KNOW IF MR. SHOWALTER WANTS TO JUST TAKE A MINUTE TO ADDRESS THE TIME CONSTRAINTS AS TO WHY WE'RE HERE IN THIS EARLIER, BEFORE ALL OF THESE ARE ADDRESSED, IF YOU WANTED TO JUST TOUCH ON THAT. SURE. SO SO THIS PROJECT, AS YOU MIGHT IMAGINE, WITH A UTILITY CONSTRUCTION OF THIS MAGNITUDE, THERE'S A LOT OF COMPLEXITY.

ONE OF THE OR I GUESS THE TWO DRIVING CONSIDERATIONS.

WE HAVE DATES IMPOSED BY THE PUBLIC SERVICE COMMISSION BY WHICH WE HAVE TO START CONSTRUCTION AND COMPLETE CONSTRUCTION.

AND THEN EVEN MORE CONSTRAINING, YOU CAN'T JUST CONNECT TO A TRANSMISSION LINE.

SO DELMARVA POWER SCHEDULES OUTAGES OF THAT CIRCUIT YEARS IN ADVANCE AND TELLS US THIS IS WHEN YOU CAN MAKE A CONNECTION.

IF YOU DON'T HAVE THE PROJECT READY TO CONNECT, YOU CAN'T JUST CONNECT DURING THE PEAK OF THE SUMMER OR, YOU KNOW, DURING ELECTRIC LOADS IN THE WINTER.

AND SO WE CAN'T MISS THOSE DATES.

THE MOST IMPORTANT THING FOR SOLAR CONSTRUCTION IS GETTING THE SITE READY, GETTING ALL YOUR SEDIMENT EROSION CONTROL, DEALING WITH ANY MINOR GRADING.

WE CAN'T START THAT UNTIL WE HAVE SITE PLAN APPROVAL.

THAT WILL TAKE SOME TIME.

SO THE MOST TIME SENSITIVE ISSUE FOR US IS GETTING SITE PLAN APPROVAL SO WE CAN START THE MINOR GRADING AND GETTING ALL OF THE EROSION CONTROL IN PLACE.

BUILDING PERMIT, YOU KNOW, CAN COME.

WE'LL COME OVER THE NEXT MONTH OR TWO, BUT THERE'S A LOT OF SITE WORK ON SOMETHING OF THIS MAGNITUDE THAT WE REALLY JUST HAVE TO START.

AND THAT'S THAT'S THE ONLY REASON WE'VE BEEN PUSHING THE THE SCHEDULE.

AND WE APPRECIATE YOUR WILLINGNESS TO HAVE THIS MEETING TONIGHT AND NOT PUSHING US OFF TILL SEPTEMBER.

I DO HAVE ONE QUESTION.

WHERE DOES YOUR PROJECT STAND WITH SOIL CONSERVATION DISTRICT FOR YOUR EROSION AND SEDIMENT CONTROL PLAN APPROVAL? WHERE ARE YOU IN THAT PROCESS? I JUST I SPOKE WITH TRISTA THIS AFTERNOON.

SHE SAID WE'RE WE'RE RIGHT THERE.

WE COULD EXPECT APPROVAL WITHIN THE NEXT BY THE END OF THE WEEK.

I THINK AT THE LATEST.

I'VE BEEN TALKING WITH HER EVERY DAY.

SHE HASN'T HAD ANY COMMENTS THUS FAR.

AND THEN AGAIN, FOR THE TIME CONSTRAINT, ONE OF THE KEY THINGS IS THAT ONCE WE GET THAT EROSION AND SEDIMENT CONTROL APPROVAL THAT THEN UNLOCKS US.

WE THEN HAVE TO APPLY FOR OUR NPDES GENERAL PERMIT ALONG WITH.

WE REALLY WANT TO TAKE THE TIME THERE'S PRE-CONSTRUCTION MEETINGS THAT WE'RE GOING TO DO.

I BELIEVE YOU ALL ATTEND WITH MDE, WITH SKD, GO OUT TO THE SITE, REVIEW IT, KIND OF GET A GAME PLAN.

SO THAT'S SOME OF THE TIME CONSTRAINTS DRIVING.

OKAY MATT, YOU MENTIONED SOMETHING ABOUT.

IN YOUR WORKSHOP INSPECTIONS AND MEETING WITH PEOPLE TO ESTABLISH INSPECTIONS.

OH, THAT'S THAT'S FOR THE CONSTRUCTION PLANS AS PART OF THE BUILDING PERMIT.

THAT WOULD BE THE NEXT STEP IN THE PROCESS.

ONCE ONCE YOU GET ONCE THEY HAVE FINAL SITE PLAN APPROVAL, THE NEXT STEP WOULD BE WORKING TOWARDS THE BUILDING PERMIT.

ALL YOUR STAFF WANT TO SAY ANYTHING AND WANT TO SAY ANYTHING.

I DON'T THINK I'D BE HAPPY ABOUT IT.

ALRIGHT, WE HAVE SOME MEMBERS OF THE I DON'T KNOW THE MEMBERS OF THE PUBLIC THAT ARE HERE.

[3. Public Comment]

IF YOU GOT SOMETHING YOU WANT TO SAY AND YOU'D LIKE TO SAY IT, YOU'VE GOT THE THE ZONING, THE PLANNING, ZONING, AND YOU'VE GOT THE SOBER PEOPLE HERE.

ANYBODY HERE LIKE TO SAY SOMETHING? IT'S NOT A PUBLIC HEARING, BUT IF YOU'D LIKE TO HAVE A MINUTE OR SO TO SAY SOMETHING, BY ALL MEANS COME UP FRONT. AND IF YOU'RE GOING TO SPEAK, PLEASE SIGN UP.

THERE'S A PIECE OF PAPER HERE.

WE NEED YOUR NAME AND ADDRESS IF YOU SPEAK.

[00:45:07]

AND I KNOW YOU JUST WROTE YOUR NAME AND RONALD SPRING, BUT IF YOU JUST SAY YOUR NAME, I'M A YOU KNOW, I'M IN THE IN THIS PROJECT. I'M NOT HERE TO BAD MOUTH NOBODY OR NOTHING LIKE THIS.

I JUST I GOT SOME LITTLE PERSONAL ISSUES.

THEY'VE BEEN WORKING ON IT.

I JUST WANT TO MAKE SURE YOU KNOW THAT IT DON'T GET FINALIZED IF I AIN'T GOING TO GET WHAT I'M SUPPOSED TO BE GETTING.

AND THE ONLY OTHER THING I GOT IS, YOU KNOW, WHEN WE WAS WHEN WE SIGNED UP FOR THIS PROJECT YEARS AGO, A LOT OF YEARS AGO, SEVEN YEARS AGO, OR WHATEVER IT WAS, WE WAS TOLD THEY WEREN'T GOING TO BE NO GRADING OR LEVELING OF THE GROUND OR ANYTHING.

THEY WE WAS TOLD THAT THEY WERE JUST GOING TO RUN THE PIPES, PUSH THE THINGS IN THE GROUND, AND WHEN WHEN THE LEASE IS UP, YOU PULL THEM OUT AND GO BACK TO FARMING.

BUT I GOT A COPY OF MINE, AND THEY'RE GRADING.

A THIRD OF IT, MORE OR MORE.

YOU KNOW WHAT I MEAN? WHICH, IF I KNOWN THAT I PROBABLY PERSONALLY WAS NEVER EVEN SIGNED UP.

SO I DON'T KNOW THAT WE'RE, YOU KNOW, THAT'S A PROBLEM.

I THINK I MET WITH YOU AJ ONCE.

DIDN'T YOU COME TO MY FARM THIS YEAR? NO. SOMEBODY WAS THERE AND THEY LOOKED AT IT AND THEY SAID, I DON'T SEE WHERE IT NEEDS ANY GRADING, BUT MY GOD, THIS.

YOU KNOW, MAYBE I'M MISUNDERSTANDING THIS, BUT IT LOOKED PRETTY BAD TO ME.

YOU KNOW. I'M SURE YOU'VE SEEN IT.

YEAH. I MEAN, DO WE WANT TO MINIMIZE GRADING? LIKE WE DON'T WANT TO HAVE TO GRADE, OBVIOUSLY, WITH THE WITH THE ENGINEERS TO MAKE SURE THE SLOPE TOLERANCE.

THERE IS SOME GRADING THAT HAS TO BE DONE, YOU KNOW, TO MINIMIZE IT AS MUCH AS WE CAN.

I DON'T MIND THE GRADING.

YOU KNOW, I TOLD YOU ONE FARM.

YEAH. GRADE ALL YOU WANT, BUT THIS FARM IS STILL MY FARM.

THEY MIGHT BE LEASING IT FROM ME.

I DON'T KNOW IF THAT GIVES THEM THE RIGHT TO ACTUALLY DESTROY IT.

WELL, ON. AND AGAIN, I DON'T KNOW HOW MUCH OF THAT INCLUDES US AS IT DOES.

WELL, I'M TRYING TO WORK WITH YOU, YOU KNOW.

YOU KNOW, I'M NOT I'M NOT COMING UP HERE TO BAN MCLENNAN.

I AIN'T TRYING TO BUST THIS WHOLE PLAN UP OR NOTHING.

I'M JUST WANTING. I WANT TO KNOW BEFORE YOU FINALIZE IT.

AND I'M GOING TO BE ABLE TO GET SOME SATISFACTION OUT OF.

YOU KNOW, WE'VE BEEN WORKING ON ONE THING FOR GOD KNOWS HOW LONG, AND YOU STILL AIN'T GOT IT.

I HAVEN'T SEEN IT, YOU KNOW WHAT I MEAN? SO I JUST GOT CONCERNS ABOUT THAT, YOU KNOW? I MEAN YOU KNOW, IF THE PROJECT ISN'T FEASIBLE, I MEAN, IF IF IT'S GOING TO DESTROY THE WHOLE FARM, IS IT WORTH DOING? YOU UNDERSTAND WHAT I'M SAYING? YEAH.

AND LIKE WE SAID, IT'S IT'S WE'RE HELD.

AND RYAN SAID, GET IT OUT NOW.

SO I'M GETTING IT OUT NOW. NO, NO, 100%.

THIS IS PERFECT FORM.

SO MR. CHAIRMAN, I HAVE A QUICK, QUICK QUESTION.

SO WHEN YOU WHEN THE SOLAR COMES OUT AND YOU RESTORE THE PROPERTY, YOU ARE RESTORING THE PROPERTY TO THE WAY THAT YOU FOUND IT.

WE HAVE TO WE'RE REQUIRED TO RESTORE IT AS WE FOUND IT.

SO YOU NEVER YOU CAN'T CUT.

YOU CAN'T PUT THE TOPSOIL BACK WHERE IT'S AT.

EXACTLY. THEN HAVE A BOND THAT COVERS IT.

COVERS REMOVAL, REMOVAL OF THE FENCE, THE ROADS, THE ALL OF THE EQUIPMENT.

AND IT WILL COVER THE LANDSCAPING AS WELL.

THE FARM WILL NEVER BE THE SAME AGAIN.

I'M NOT THIS. I'M NOT IN THIS AGREEMENT.

BUT HOW ABOUT IF TOPSOIL IS CUT OUT BECAUSE TOPSOIL REPLACED.

SO? SO NO TOPSOIL IS BEING REMOVED FROM ANY PARCEL.

AND THE WHAT WE.

AND CORRECT ME IF I OVER OVERSTATED IT THEN, BUT THE THE CONTRACTORS UNDERSTAND THE TOPSOIL HAS TO STAY ON THE PARCEL AND AND WHERE THERE ARE CUTS, TOPSOIL WILL BE REPLACED BECAUSE WE HAVE TO ESTABLISH VEGETATION ON.

YOU KNOW, WE'VE GOT TO ESTABLISH POLLINATOR HABITAT AND VEGETATION UNDER THE PANELS.

SO IT'S NOT JUST A STRAIGHT CUT, BUT TOPSOIL IS GOING TO GO BACK TO ESTABLISH THAT FINISHED GRADE.

BUT THERE'S ALSO SOME PLACES YOU'RE REMOVING DIRT.

YOU'RE GOING TO TAKE THE TOPSOIL OFF OF THAT FIRST, RIGHT? YEAH. I MEAN, THE TOPSOIL IS A WHOLE SECRET HERE.

YEAH. I JUST WANT TO MAKE SURE, YOU KNOW.

YEAH. SO THE CROPS, ANY TOPSOIL THAT'S REMOVED, STAYS ON YOUR PARCEL.

WELL, I AIN'T WORRIED ABOUT MY PARCEL.

I WANT IT ALL SPREAD OUT ON ON THE GROUND, EVEN LIKE IT WAS BEFORE.

BUT THEN WHEN? WHEN THE PROJECT IS OVER AND CLEANED UP, THAT TOPSOIL WOULD BE REAL PROBLEMS.

[00:50:03]

SO THE WAY THAT IT WORKS IS WHEN YOU'RE GRADING, YOU'RE CUTTING OR YOU'RE FILLING.

SO YOU'RE ADDING DIRT OR REMOVING DIRT.

THE TOPSOIL IS NOT PART OF THAT.

SO WE GO IN, WE STRIP THE TOPSOIL.

THE GRADING IS DONE WITH THE SUBGRADE.

SO WE STRIP THE THE TOPSOIL.

WE STOCKPILE IT IN A LOCATION.

IT'S STABILIZED THERE.

WE DO THE GRADING, WE REPLACE THE TOPSOIL IMMEDIATELY.

IT'S PROBABLY NOT OUT OF THAT AREA FOR MORE THAN A COUPLE OF WEEKS.

ALL THE TOPSOIL, EVERY ALL THE GROUND IS GOING TO HAVE TOPSOIL PUT BACK ON IT.

CORRECT. BEFORE THE INSTALLATION.

IT'S BEEN A BIG POINT OF EMPHASIS WITH OUR EPC CONTRACTOR, AND THEY ARE CRYSTAL CLEAR THAT TOPSOIL IS A VERY IMPORTANT FOR THE INTEGRITY OF THE FARMLAND, AND THAT THEY'RE NOT ALLOWED TO REMOVE TOPSOIL, CERTAINLY, OR EVEN TRANSPORT TOPSOIL FROM ONE PARCEL TO ANOTHER.

WELL, I'M NOT THE ONLY ONE THAT GOT CONCERNS WITH THIS.

I DON'T KNOW IF YOU KNOW, BUT I DIDN'T REALIZE THAT THERE WAS SO MUCH INVOLVED.

YOU KNOW, RYAN SAID IT'S JUST A LITTLE BIT, BUT I DON'T SEE A LITTLE BIT.

I DON'T KNOW THAT THAT'S A LOT OF WORK OUT THERE IF YOU'RE THE ONE DOING THE WORK RIGHT.

WE HAVE AN EPC CONTRACTOR THAT WILL BE PERFORMING THE WORK, OR YOU CAN GET LOCAL CONTRACTORS TO DO IT.

WE HAVE A MIX THERE SUBBING OUT TO A COMBINATION OF IN-HOUSE AND LOCAL CONTRACTORS.

DEPENDING, I'LL HAVE A CHOICE OF LOCAL CONTRACTOR TO DO SO.

SOMEBODY I CAN TRUST.

I'M JUST THROWING IT OUT THERE AND WE'LL BE OUT THERE.

YOU KNOW WHAT I MEAN? WE DISCUSS THE WHOLE TIME OVERSIGHT BASIS THAT, YOU KNOW, AS WE DO THIS, AND THE DPC TRIES THE BEST FOR LOCAL CONTRACTING AS MUCH AS POSSIBLE. I'M NOT FOR SURE.

I WOULD LIKE TO GET OVER THIS WITH SOMEBODY LIKE YOURSELF OR SOMEBODY OR, YOU KNOW.

YEAH, IT'S OVERWHELMING TO ME BECAUSE I CAN'T FIGURE OUT WHAT IT IS.

BUT IT'S A LOT OF GROUND THAT'S GOING TO BE DISTURBED OR FILLED IN ONE OR THE OTHER.

YEAH. AND EVEN THE GROUND YOU'RE FILLING IN, YOU'RE TAKING THAT TOPSOIL OFF.

RIGHT, RIGHT. YES, SIR.

THE LAST THING I'LL SAY IS THE GRADING PLAN CAN CAN BE DECEIVING, BECAUSE IT WILL SHOW AN AREA OF MAYBE AN ACRE OF GRADING.

BUT WHEN YOU LOOK INTO IT, WE MAY ONLY BE GRADING SIX INCHES IN THAT AREA.

IT'S SOMETIMES IT'S NOT.

THE GRADING PLAN CAN MAKE IT LOOK WORSE THAN IT IS.

WELL, COULD I HAVE SOMEONE GO OVER THIS PLAN I GOT HERE? I MEAN, IT AIN'T GOT, YOU KNOW, IT AIN'T GOT TO BE TODAY AS FAR AS I'M CONCERNED.

BUT I GOT, YOU KNOW, I'M PRETTY MUCH UNCOMFORTABLE DESTROYING WHAT I CALL DESTROYING IT.

YOU KNOW WHAT I MEAN? THE FORUM, MORE OR LESS. BUT IF YOU.

I DON'T KNOW HOW THAT WORKS.

YET. WELL, YEAH, THAT'S WHAT I NEED TO DO.

I MEAN, THAT'S BASICALLY MY CONCERNS.

AND, YOU KNOW, THE OTHER CONCERN.

YEAH. SO YOU'RE WORKING ON THAT? THEM TWO IN MY MAJOR ISSUES.

SO. WELL, I THINK AND TELL ME AGAIN IF I'M WRONG.

IF THEY GET APPROVAL AND THEY GO THROUGH THEIR STEPS THAT THEY GOT TO, AND THEY GET THE FINAL SITE PLAN APPROVAL WRITTEN BY STAFF.

THAT'S A SITE PLAN APPROVAL, AND YOU'RE GOING TO GET A PERMIT FOR YOUR PROJECT.

AND I THINK WE'VE DISCUSSED IT'S ONE PERMIT FOR THE WHOLE THING.

RIGHT. WE GOT ONE.

WE STILL HAVE TO WORK OUT THOSE ISSUES, WHETHER IT'S INDIVIDUAL PERMITS PER PARCEL OR AN OVERALL PERMIT WITH ALL THE PARCELS ATTACHED.

WE'RE STILL WORKING ON THAT BECAUSE.

IT'S DOWN THE ROAD.

YOU ALL COME TO SOME AGREEMENT WHERE YOU'RE GOING TO BACK YOUR YOUR PARCEL OUT.

THAT'S BETWEEN YOU TWO.

AND I DON'T THINK IT'S GOING TO AFFECT WHAT WE APPROVE, BECAUSE WE'RE APPROVING A PROJECT THAT IT MEETS OUR COMPREHENSIVE PLAN.

AND IF YOU TWO SO AND YOU BACKED YOUR FARM OUT OF THIS LEASE, THEN THAT'S THAT'S BETWEEN YOU ALL.

WELL, I'M JUST TRYING TO GET MY CONCERNS ADDRESSED, THAT'S ALL.

YOU KNOW, I MEAN, YOU KNOW, JASON BEEN GOOD.

I MEAN, BUT WE HAVEN'T GOT NOTHING IN REAGAN, PER SE, YOU KNOW, AND THAT'S UNCOMFORTABLE FOR ME WHEN YOU GET A WHOLE SITE PLAN.

AND HERE I AM, I'M GOING TO HAVE TO ACCEPT WHATEVER.

YOU KNOW WHAT I MEAN? WELL, I DON'T KNOW WHAT THEY HAVE ESTABLISHED FOR YOU.

I DON'T KNOW WHAT THEIR POINT OF CONTACT IS AND WHAT KIND OF MEDIATION YOU ARE.

I DON'T HAVE ONE.

I HAVE GOOD RELATIONS WITH THEM.

YEAH, YOU KNOW ME.

FED YOU GOOD, DIDN'T YOU? DID. YOU KNOW ME.

SO. I MEAN, I'M TRYING, I JUST.

LET ME ASK YOU A QUESTION. ARE YOU GOING? ARE YOU IS HE GOING TO BE ALLOWED TO WATCH, TO BE OUT THERE ON SITE AT TIME, TO WATCH THE GRAVE? SURE. YEAH.

I DON'T I MEAN, IT'S HOW CAN I NOT WATCH IT SO YOU'LL BE ABLE TO HE WAS ASKED.

[00:55:04]

HE'S NOT INTERFERING.

YEAH, THAT'S WHAT I MEAN. I MEAN, HE'LL BE ABLE TO WATCH.

THAT'S WHY I BROUGHT UP ABOUT A LOCAL CONTRACTOR.

IF HE. IF YOU'RE GOING TO SUBCONTRACT.

HEY, YOU KNOW, I GOT A MAN I CAN TRUST, AND HE'S LOCAL, BUT WELL, I'M SURE THEY'LL THEY'LL ACCEPT YOUR BID.

YEAH. ANY OTHER QUESTIONS? I'M DONE. NOTHING MORE OR LESS.

WHAT? I HAD TO SPEAK, SO.

WELL, YOU GOT. YOU GOT THE WHOLE GROUP HERE WITH YOU.

I THINK YOU ASKED A QUESTION.

YOU GOT THERE AND YOU GOT A RELATIONSHIP WITH THEM.

OH, YEAH. I I REACH OUT AND TOUCH THEM.

DONOR. I MEAN, I DON'T WANT, I DON'T I'M NOT HERE TO CREATE A STINK ABOUT IT.

I JUST GOT SOME.

I REALLY NEED SOMEBODY TO GO OVER THIS PLAN WITH ME, YOU KNOW WHAT I MEAN? BECAUSE IT'S IT LOOKS.

MIGHT BE LIKE YOU SAID.

IT MIGHT NOT BE AS BAD AS IT LOOKS.

HOPEFULLY. YOU KNOW WHAT I MEAN.

YOU KNOW, I DON'T UNDERSTAND THESE THINGS, BUT THERE'S A LOT OF DIRT MOVING OUT THERE.

SO GET WITH ME.

THANK YOU. YES, SIR.

YES, SIR. ANYBODY ELSE? HAVE ANY MORE QUESTIONS? WE'VE BEEN ASKED TO APPROVE THE. MR. CHAIRMAN, YOU WANT TO MOVE TOWARDS THE REST OF THE STAFF REPORT? THE REST IS STUFF.

SO CHAPTER 175 122 OF THE CODE OUTLINES THE REVIEW PROCESS FOR SITE PLAN APPLICATIONS.

AND AS PART OF THAT REVIEW PROCESS FOR MAJOR SITE PLANS.

THE DEPARTMENT IS REQUIRED TO PREPARE A REPORT TO THE PLANNING COMMISSION WHICH ADDRESSES THESE EIGHT ITEMS LISTED HERE, WHICH ARE COMPLIANCE WITH THE COMP PLAN, COMPLIANCE WITH DESIGN STANDARDS, ACCESS AND TRAFFIC CIRCULATION, EFFECTS ON SURROUNDING DEVELOPMENT, EFFECT ON COMMUNITY FACILITIES, IMPACT ON HISTORIC RESOURCES, OPEN SPACE AND AVAILABLE UTILITIES.

SO I'VE OUTLINED THOSE EIGHT ITEMS WHICH ARE REQUIRED AS PART OF THAT REVIEW.

I'M JUST GOING TO GO ITEM BY ITEM.

IF YOU HAVE A COMMENT OR A QUESTION ABOUT THAT PARTICULAR ONE, JUST FEEL FREE TO INTERRUPT.

SO FIRST THING IS THE COMPREHENSIVE PLAN.

IT'S A GUIDANCE DOCUMENT THAT THAT WE USE FOR PROTECTING PUBLIC HEALTH AND SAFETY AND WELFARE, PROJECTING POPULATION NEEDS, MAKING RECOMMENDATIONS TO ENSURE THAT THOSE NEEDS ARE MET.

ONE OF THE KEY COMPONENTS THAT THAT WE USE FOR FOR SETTING GOALS AND OBJECTIVES IS IS ZONING.

SO EACH ZONING DISTRICT HAS PERMITTED USES WHICH ARE IDENTIFIED IN THE ZONING CHAPTER.

THE PROPOSED USES FOR THIS APPLICATION.

THEY ARE ALLOWABLE USES WITHIN THE ZONING DISTRICT WHICH ARE LOCATED WHICH IS THE OVERALL ZONING DISTRICT.

SO BASED ON THAT, STAFF BELIEVES THAT THESE SPECIFIC USES.

SO THE COMMERCIAL SOLAR ENERGY SYSTEM AND THE POWER SUBSTATION ARE USES THAT COMPLY WITH THE COUNTY ZONING REQUIREMENTS AND MEET THE INTENT OF THE COMPREHENSIVE PLAN.

ITEM NUMBER TWO IS THE SPECIFIC MINIMUM INFORMATION THAT'S REQUIRED FOR SITE PLANS.

SO IN ORDER FOR THE APPLICANT TO COMPLY WITH THAT SECTION OF CODE, WHICH IS 175 123, AS WELL AS ONE 7546, WHICH DEALS SPECIFICALLY WITH COMMERCIAL SOLAR ENERGY SYSTEMS. THEY WOULD HAVE TO COMPLY WITH ALL THE SITE PLAN RELATED COMMENTS THAT ARE FOUND IN THAT ATTACHED REVIEW LETTER, WHICH WE'VE DISCUSSED THOROUGHLY.

NUMBER THREE BASED ON THE INFORMATION PROVIDED, STAFF DOES NOT BELIEVE THAT THE PROPOSED USES WILL HAVE ANY SIGNIFICANT IMPACTS ON EXISTING INFRASTRUCTURE OR CAUSE SIGNIFICANT INCREASES IN TRAFFIC, WHICH WOULD AFFECT NEIGHBORING PROPERTIES.

SO THE EXISTING INFRASTRUCTURE IS GOING TO BE UPGRADED.

OBVIOUSLY, FOR THE POWER SUBSTATION INCREASES IN TRAFFIC WILL BE MINOR AND THAT'LL BE DURING CONSTRUCTION.

THE DEPARTMENT HAS NOT RECEIVED ANY INFORMATION OR COMPLAINTS FROM NEIGHBORING OWNERS REGARDING THE PROPERTIES.

IT'S THE STAFF'S OPINION THAT THE PROPOSED USES WILL HAVE NO EFFECT ON SURROUNDING DEVELOPMENT, AND THAT NEIGHBORING PROPERTY OWNERS WILL BE ABLE TO PEACEFULLY USE AND ENJOY THEIR PROPERTIES WITHOUT ANY UNDUE HARDSHIP.

ITEM NUMBER FIVE THERE WILL BE.

THERE'S BEEN NO QUESTIONS OR CONCERNS RAISED BY STAFF OR ANY MEMBERS OF THE TECHNICAL ADVISORY COMMITTEE REGARDING THE PROPOSED USES.

[01:00:04]

ITEM SIX IS IMPACT ON HISTORIC RESOURCES.

SO ONE IN PARTICULAR IS THE SHERMAN COUNCIL HOUSE, WHICH WAS LOCATED AT 5445 GREENSBORO ROAD.

THIS IS A HOUSE THAT'S LISTED ON THE MARYLAND INVENTORY OF HISTORIC PROPERTIES.

THIS HOUSE IS PROPOSED TO BE REMOVED.

MARYLAND HISTORIC TRUST REVIEWED THIS DURING THE POWER PLANT RESEARCH PROGRAMS REVIEW DURING THE CPCN, AND THEY HAD SOME LICENSE CONDITIONS BASED ON THE REMOVAL OF THAT HOUSE.

THOSE CONDITIONS HAVE BEEN MET WITH THE SITE PLAN THAT'S BEEN PROVIDED IN YOUR PACKAGE.

ITEM NUMBER SEVEN IS THE OPEN SPACE.

THE PROPOSED USE DOESN'T HAVE ANY OPEN SPACE REQUIREMENTS, NOR HAVE ANY IMPACT ON EXISTING OPEN SPACE IN THE GENERAL VICINITY OF THE PROJECT.

AND LAST ITEM IS AVAILABLE UTILITIES.

SO THERE'S NO INDICATION THAT THE PROPOSED USE WILL HAVE ANY IMPACT ON PUBLIC UTILITIES LOCATED IN THE GENERAL AREA, AND THAT THE ADDITION OF THE POWER SUBSTATION WILL MEET THE NEEDS OF DELMARVA POWER.

SO WITH THOSE EIGHT ITEMS, STAFF HAS REVIEWED THE APPLICATIONS, THE SUPPORTING DOCUMENTS AND FOUND THOSE USES TO BE CONFORMING TO THE INTENT OF THE ZONING CHAPTER.

IT'S OUR OPINION THAT THE PROPOSED SITE PLAN WILL BE IN COMPLIANCE WITH THE DESIGN STANDARDS IF ALL THE COMMENTS AND ATTACHED REVIEW LETTER ARE ADDRESSED.

SO WE'VE LISTED ALL THOSE COMMENTS.

WE'VE WE'VE DISCUSSED THEM.

SO AT THIS POINT, IF YOU DON'T HAVE ANY MORE QUESTIONS FOR STAFF OR FOR THE APPLICANT REQUEST THAT YOU MAKE A MOTION ON THE APPLICATION.

ANY MORE QUESTIONS? WE ENTERTAIN A MOTION FROM ANYBODY.

WOULD ANYBODY LIKE TO MAKE A MOTION? SO. I MEAN, I JUST CAN'T THINK OF A MOTION. I MEAN, I'M I'M IN AGREEMENT WITH THIS ONE, WITH MR. SHOWALTER'S WRITTEN UP, AND I THINK.

WE CAN. GO WITH THE CONDITIONAL.

THE CONDITIONAL FOLLOWED BY AN ACCEPTANCE BASED ON THOSE ITEMS. AND COMMENTS FOR TWO AND SIX TO BE ADDRESSED.

THANK YOU. THE WAY HE SAW IT WAS THAT YOU WILL READ THAT WRITTEN.

MAKE A MOTION. OKAY, I'LL MAKE A MOTION TO GRANT THE FINAL SITE PLAN APPROVAL FOR CHERRYWOOD SOLAR ONE.

CONDITIONED UPON THE SATISFACTION OF THE COUNTY STAFF.

REVIEW COMMENTS DATED AUGUST 16TH, 2024.

EXCEPT THE CONCERNS THAT ARE SUBJECT OF COMMENTS TWO AND COMMENTS SIX AND THEY SHALL BE RESOLVED TO THE SATISFACTION OF COUNTY STAFF, WHICH MAY NOT REQUIRE STRICT APPLICATION OR SATISFACTION TO THE AUGUST 16TH COMMENTS.

AND THE MOTION? DO I HEAR A SECOND? SECOND. AND A MOTION.

AND A SECOND. ANY FURTHER COMMENTS DISCUSSION THAT ANYBODY WOULD LIKE TO MAKE? MISTER ROGERS, ARE YOU GOOD? DID AND HE WOULD.

YES, SIR. DO YOU UNDERSTAND THE MOTION? YES, YES.

WE'RE GOOD. OKAY.

A MOTION AND A SECOND.

ALL IN FAVOR OF THE MOTION, SAY AYE AND RAISE YOUR RIGHT HAND.

AYE. ALL OPPOSED? MOTION PASSED. THANK YOU VERY MUCH.

THANK YOU FOR YOUR TIME.

THANK YOU GUYS. HAVE A GOOD NIGHT.

TAKE CARE. GOOD NIGHT. GOOD JOB.

[01:05:05]

PARTY'S OVER FOR SOME OF US.

NOT ALL OF US. OH, YOU GOT ANOTHER MEETING GOING ON? THANK YOU SIR. NO PROBLEM.

YOU GOT ANOTHER HERE? NO, WE JUST GOT SOME OTHER STUFF.

ALL RIGHT. SO MEDIA UPDATE.

YES. THE BOARD OF ZONING APPEALS DID MEET IN JULY.

[4. BZA Update]

THE OWNERS OF THE PROPERTY, NICHOLAS PERSICO AND KAYLEE MIDDLETON, REQUESTED A CONTINUANCE TO ALLOW THEM TO SPEAK WITH THE CRITICAL AREA COMMISSION REGARDING THE UNWARRANTED HARDSHIP STIPULATION FOR CRITICAL AREA VARIANCES. THE CASE WILL BE CONTINUED ON NOVEMBER 19TH, 2024.

WHAT IS THE UNWARRANTED HARDSHIP? WHENEVER, WHENEVER, WHEN THE CRITICAL AREAS HAD UPDATED? SOME THINGS I BELIEVE THIS MIGHT HAVE BEEN 2005 OR 6.

I DON'T KNOW. BUT THEY SAID THAT TO BUILD WITHIN THE HUNDRED FOOT BUFFER, SO 100 FOOT FROM THE WATER OR CRITICAL AREA OF WETLAND.

YOU HAD TO PROVE THAT NOT DOING WHAT YOU WANTED TO DO WOULD BE AN UNWARRANTED HARDSHIP. SO IT PUTS THE THE BAR EXTREMELY HIGH TO TO MAKE YOUR CASE.

SO WE SPOKE RECENTLY ABOUT THE THE ACCOMMODATIONS, THE REASONABLE ACCOMMODATIONS AND AND A CRITICAL AREA.

CAYCE YOU MIGHT BE ABLE TO GET A VARIANCE TO BUILD A WHEELCHAIR RAMP IF SOMEBODY WAS IN A WHEELCHAIR.

BUT BUILDING A PORCH IS NOT QUITE THE SAME AS BUILDING A WHEELCHAIR RAMP.

SO I DON'T KNOW WHAT'S GOING TO HAPPEN WHEN THEY SPEAK TO THE CRITICAL AREA, BUT THEY KIND OF HAVE THEIR WORK CUT OUT FOR THEM. YEAH.

SO PRETTY MUCH THAT WHEN THE CRITICAL AREA LAW CHANGED IN 2008 ISH, I BELIEVE, MATT, SOMEWHERE IN THAT AREA, THEY HAVE THAT CRITERIA THAT HAS TO BE MET, WHICH IS YOU HAVE TO SHOW THAT IT'S AN UNWARRANTED HARDSHIP, WHICH IS DENYING THEM REASONABLE AND SIGNIFICANT USE OF THEIR ENTIRE PARCEL OF LAND.

SO IF SOMEONE IS TRYING TO EXCEED THEIR LOT COVERAGE LIMITS, THOSE SORTS OF THINGS, AND YOU ALREADY HAVE A HOME DRIVEWAY, MAYBE SOME OUTBUILDINGS, A POOL, AND NOW YOU WANT TO EXCEED BEYOND THAT LOT COVERAGE LIMIT, YOU KNOW, THE FIRST TEST IS, ARE YOU BEING DENIED REASONABLE AND SIGNIFICANT USE OF YOUR ENTIRE PROPERTY? SO THAT'S IT'S CHALLENGING TO MEET THAT.

I MEAN, THERE ARE SOME TIMES WHERE YOU HAVE A RELATIVELY SMALL PROPERTY, BUT IF YOU CAN BUILD YOUR HOUSE AND LIVE THERE WITHOUT, YOU KNOW, SIGNIFICANT IMPROVEMENTS NEEDED, YOU'RE NOT REALLY GOING TO MEET THAT TEST.

[5. Department Update]

I DON'T HAVE ONE.

SO WE'VE BEEN BUSY WITH MATT'S BEEN TRYING TO GET THROUGH ALL OF THE DEVELOPMENT REVIEW PROJECTS.

STARTING TO MAKE A LITTLE HEADWAY.

STARTING TO WE'VE GOT WE DO HAVE A CONTRACT WITH MCCRONE ENGINEERING TO DO SOME REVIEWS FOR US TO KIND OF TAKE THE PRESSURE OFF OF ME, ESPECIALLY FOR THE LARGER THINGS.

THEY'RE CURRENTLY REVIEWING A MINING OPERATION FOR US.

NOW THAT YOU WILL EVENTUALLY BE BEFORE YOU, MAYBE NEXT MONTH, IT MAY BE NEXT MONTH, IT MAY BE THE NEXT.

YOU'LL PROBABLY SEE AT LEAST ONE NEXT MONTH.

BRAND NEW, BRAND NEW.

YEAH. NO, THIS WILL BE A BRAND NEW ONE ALREADY.

[01:10:04]

YES. CORRECT.

WE ALSO HAVE AN APPLICATION IN RIGHT NOW FOR THE BREEDING PIT ON HARMONY ROAD.

THEY WANT TO DO AN EXPANSION.

AND WE ALL KNOW THAT THAT PITS BEEN THERE SINCE BEFORE MDC MINING PERMITS.

SO IN THE 70S AT LEAST.

SO I WAS LOOKING AT THAT TODAY AND THEY'VE HAD, I GUESS, TWO EXPANSIONS IN THE PAST.

THE MOST RECENT ONE WAS FROM 2004.

SO THEY'VE RECENTLY SUBMITTED THEIR OWN THIS MONTH'S TECHNICAL ADVISORY COMMITTEE FOR REVIEW.

I'M ACTUALLY LOOKING AT THAT ONE SO THAT ONE MIGHT BE ON NEXT MONTH.

YOU MAY END UP WITH ONE OR BOTH OF THOSE PITS FOR NEXT MONTH.

SO, SO.

WELL, THERE'S A SOLAR IN THE WORKS, TOO.

THERE'S ONE MORE SOLAR.

IT IS A SMALLER ONE, ONE PARCEL.

SO THAT WILL BE COMING UP TO THIS FALL WINTER, POSSIBLY DEPENDING ON YOU KNOW, THIS IS THIS IS TAKING HALF OF OUR LIFE.

YEAH. SO HOW CLOSE ARE WE ON CHERRY WOODS? NO. OH. ON ACREAGE.

WE WERE AT 412.

WE'RE AT 412.

RIGHT NOW IS WHAT'S LEFT? 412 ACRES IS ABOUT WHAT'S LEFT.

YEAH, THAT'S CONSTRUCTED AND UNDER REVIEW.

YEAH. YEAH.

SO 412 FOR, LIKE, BRAND NEW.

YES. THAT'S CONTINUING TO COME UP.

YEAH. THAT'S INCLUDED IN THAT IN OUR CALCULATIONS BECAUSE THEY'VE ALREADY SUBMITTED.

THEY HAD TO. SO THEY SUBMITTED.

I PROVIDED SOME REVIEWS AND THEN WE PASSED THE THE UPDATES TO THE LEGISLATION.

AND THAT INCLUDED THAT 200 FOOT SETBACK.

AND SO WE DIDN'T REALLY HAVE ANY GUIDANCE ON HOW WE WERE SUPPOSED TO ENFORCE.

WE DIDN'T HAVE ANY KIND OF GRANDFATHERING.

SO WHAT THE COMMISSIONERS KIND OF POINTED US TO WAS IF THEY'VE HAD SOME SORT OF APPROVAL ALREADY, WHETHER IT WAS FROM PLANNING COMMISSION OR BCA, THEY DIDN'T HAVE TO COMPLY WITH THE NEW REGS.

BUT THIS PROJECT HADN'T HAD ANY APPROVAL.

SO WE HAD THEM SCHEDULED FOR THE BOARD OF ZONING APPEALS AND THEN HAD TO PULL THEM OFF THE DAY OR TWO BEFORE AND SAY, YOU'RE GOING TO HAVE TO COMPLY. SO, SO THEY'RE MAKING MODIFICATIONS, PARTICULARLY TO THE 200 FOOT SETBACK FROM THE ROAD.

SO, SO IT'LL BE A COMPLETELY BRAND NEW DESIGN BECAUSE THEY WERE ALL.

SO THIS LOCATION IS OFF OF CLARK COUNTY ROAD IN FEDERALSBURG.

SO THEY'RE THEY'RE IN BETWEEN THAT AND FEDERALSBURG HIGHWAY.

AND THEY WERE KIND OF ALL JAMMED UP NEAR FEDERALSBURG HIGHWAY.

SO THEY'RE GOING TO HAVE TO IT'S GOING TO BE A BRAND NEW DESIGN.

SO WE'LL SEE.

THEY'RE ACTIVELY WORKING.

THEY WANT TO TRY TO GET IN FOR NEXT MONTH'S TECHNICAL ADVISORY COMMITTEE.

SO THEY'VE GOT TWO WEEKS TO SUBMIT FOR THAT.

SO WE'LL SEE.

AND THEN NEXT MONTH'S AGENDA, WE'LL BE TALKING TO YOU ABOUT UPCOMING LEGISLATION IN REGARDS TO SOLAR AND WHAT THAT'S LOOKING LIKE AND WHAT MAKO IS WORKING

[6. Planning Commissioners Open Discussion]

BUT WE THOUGHT WE'D JUST PUT THAT ON FOR SEPTEMBER WHEN THE FULL BOARD IS HERE.

A LOT OF ANTICIPATED LEGISLATIVE ACTION TO ENABLE SOLAR LARGE SCALE ALL OVER OF MARYLAND. SO ONE OF THE RECOMMENDATIONS FOR MAKO IS THAT COUNTIES KIND OF, I WANT TO SAY PREEMPTIVELY, BUT BE READY TO SHOW WHAT WE WOULD BE WILLING TO APPROVE AS A SOLAR SITING AREA OR REGION. SO WE DRAFTED A MAP AND WE'LL WE'LL TALK ABOUT THIS IN SEPTEMBER.

THAT ESTABLISHES A KIND OF A CORRIDOR ALONG TRANSMISSION LINES IN THE COUNTY.

TWO MILE BUFFER ON EACH SIDE OF WE HAVE TWO THE TWO MAJORS THAT RUN NORTH SOUTH THROUGH THE MIDDLE OF THE COUNTY AND EAST WEST THROUGH THE MIDDLE OF THE COUNTY. AND THEY INTERSECT, MOVE IT FROM THE NORTHERN END OF DENTON.

AND THEN ANOTHER TRANSMISSION LINE THAT COMES IN DIAGONALLY ON THE SOUTH WESTERN CORNER OF THE COUNTY AND PASSES JUST BELOW PRESTON AND THEN SO DEAR BUFFER.

TWO MILE BUFFER ON EACH SIDE AND THEN PULLED OUT PARCELS UNDER 20 ACRES.

PARCELS THAT ARE IN THE CRITICAL AREA.

EASEMENT PROPERTIES.

PARCELS THAT ARE ALREADY BEING SOLD OR DEVELOPED OR IN THE PIPELINE FOR SOLAR.

YOU KNOW, WE PULLED OUT EVERYTHING THAT WE THOUGHT WOULDN'T BE APPROPRIATE.

AND WE LISTED THAT CRITERIA.

AND THEN IT SHOWS HOW MANY PARCELS ARE LEFT TO CONCEIVABLY BE, YOU KNOW, SERVE AS THE POTENTIALLY SOLAR SIGHTING

[01:15:08]

I THINK IT WAS AROUND 43,000 ACRES, ABOUT 430 PARCELS.

THAT'S A LOT. IT'S NOT SMALL.

SO THE THINKING AT MINTO IS IF IF WE SAY, WELL, HERE'S WHAT WE'RE ACTUALLY LOOKING AT, THE THE STATE MAY BE SATISFIED THAT THAT IS A GOOD FAITH EFFORT AND WE'RE NOT UNREASONABLY REASONABLY BLOCKING SOLAR DEVELOPMENT.

SO WE'LL WE'LL BRING IT ALL WITH DETAILS AND INFO FOR YOU ALL TO REVIEW AND TALK ABOUT IN SEPTEMBER.

DID DID ANYBODY ELSE AT AMOCO HEAR ABOUT THE SOMETHING'S BEING CONSIDERED, I THINK, BY THE GENERAL ASSEMBLY THAT EVERY COUNTY IN MARYLAND WOULD HAVE TO BEAR ITS PROPORTIONATE BURDEN.

YES, THERE WAS A, THERE WAS A DELEGATE OR SENATOR THAT WAS TALKING ABOUT SUBMITTING A BILL THAT WOULD SOMEHOW EVERY COUNTY WOULD ASSUME A CERTAIN PERCENTAGE OF THE SOLAR THAT, THAT THEY'RE TRYING TO MEET.

WELL, I THINK HE'S TALKING ABOUT THE EASTERN SHORE IS BEING TARGETED.

YEAH. WELL, THAT'S WHERE THE OPEN LAND IS.

SO HOW DO YOU GO SOLAR ON THAT? CAN'T BE GLAD ENOUGH TO DIE FOR THEM.

I CAN'T PUT THAT PRESSURE ON ME.

SO ONE OF THE QUESTIONS THAT WE'LL WORK ON BETWEEN NOW AND SEPTEMBER IS AND THIS WAS DISCUSSED AT THE REGIONAL PLANNERS MEETING CRYSTAL AND I WENT TO BEFORE WE SAY HERE'S GOING TO BE HERE'S OUR HERE'S OUR SOLAR CORRIDORS THAT WE'RE WILLING TO DO THIS.

WE WANT TO KNOW FROM DELMARVA AND CHOPTANK HOW MUCH CAPACITY IS EVEN LEFT IN THOSE TRANSMISSION LINES.

AND YOU CAN CALCULATE BY ACRE HOW MANY MEGAWATTS POTENTIAL AN ACRE HAS.

AND THEN IN OTHER WORDS, WE WOULD BE SMART TO SIZE IT TO THE WHERE THEY HIT THEIR 100% CAPACITY.

IN OTHER WORDS, IF THEY'RE 200MW AWAY FROM CAPACITY NOW, THEN WE CAN DETERMINE HOW MANY ACRES 200MW IS AND SAY, WELL, THIS IS WE'LL MAKE THAT AVAILABLE BECAUSE I DON'T KNOW THAT THIS WILL GET PUSHED BACK.

WHY PROVIDE MORE LAND WHEN THERE'S NOTHING TO EXTEND IT TO? SO THOSE ARE THESE ARE THE THINGS WE'VE GOT TO WORK ON BETWEEN NOW AND SEPTEMBER AND HOPEFULLY GET SOME QUESTIONS.

AND THEN WE'LL TALK TO JAMAICA TO SEE IF THAT'S A REASONABLE PARAMETER FOR US TO SET, THAT WE'RE NOT GOING TO GO ABOVE WHAT CAN EVEN BE HANDLED BY THE TRANSMISSION LINES.

AND THAT MAY BE ONE WAY TO KEEP IT.

YOU KNOW, ALL THE JURISDICTIONS ARE TRYING TO BE READY FOR WHAT'S FORECASTED IN THE LEGISLATION TO TRY TO PREEMPT THE COUNTIES FROM HAVING, YOU KNOW, ANY AUTHORITY OVER THESE, WHETHER IT BE SETBACKS, BUFFERING OR WHATEVER.

SO THIS IS KIND OF A HEAD START IN BEING PREPARED FOR SOMETHING THAT WE CAN OFFER IT TO THAT WORKS FOR US WITHOUT STRIPPING ALL OF THAT AWAY AND HAVING THEM TELL US WHERE THEY WANT IT.

RIGHT. WE WANT TO GIVE THEM A REASONABLE STARTING POINT.

EIGHT. YEARS AGO, I WAS INVOLVED IN A TOWN ATTORNEY FOR CHESTERTOWN.

WE HAD THE MORGNEC ROAD SOLAR PROJECT THAT WAS PROPOSED ON A FARM THAT WAS OUTSIDE OF TOWN LIMITS.

IT WAS IN THE COUNTY, AND IT WAS THE ONLY REALISTIC EXPANSION FOR THE TOWN OF CHESTERTOWN FOR MIXED.

AND WE HAD LONG TERM VISION OUT THERE ON ALL THE WAY TO THAT PARCEL OF MIXED USE.

THE DEVELOPER CAME IN AND OF COURSE, IT'S A BEAUTIFUL FARM, PERFECT FOR ORIGINALLY IT WAS GOING TO BE WINDMILLS, AND THEN IT TURNED IT INTO SOLAR.

AND KENT COUNTY ALREADY HAD DESIGNATED, LIKE LESLIE SEEING HAD ALREADY DESIGNATED AREAS OF THE COUNTY FOR SOLAR.

THAT, IN OTHER WORDS, WE DIDN'T KENT COUNTY WAS NOT BANNING IT AND SAYING, YOU CAN'T HAVE IT HERE.

WE WERE SAYING, HERE'S WHERE IT SHOULD GO FOR THE GOOD OF THE COUNTY AND HAD REASONS FOR IT.

WELL, THAT, OF COURSE, WAS COMPLETELY IGNORED.

WHEN YOU WENT TO THE PUBLIC SERVICE COMMISSION, THEY DIDN'T GIVE A DAMN THAT KENT COUNTY HAD DESIGNATED.

NOT VERY POSITIVE ABOUT HOW THIS WILL ALL TURN OUT.

WELL, I DID RUN INTO MY FRIEND GAIL OWINGS, WHO USED TO BE THE PLANNING AND ZONING DIRECTOR FOR KENT COUNTY AT MAKO, AND SHE'S GOING TO BE A RESOURCE FOR US FOR FUTURE PROJECTS THAT WE ARE GOING TO BE DEFENDING AGAINST.

SHE SAID YOU MIGHT FIND IT INTERESTING TO KNOW THAT MORGNEC ROAD SOLAR STILL HASN'T STARTED TO BUILD AFTER ALL THESE YEARS.

AND I ASKED GAIL WHY.

ACTUALLY, SHE SAID, DO YOU KNOW WHY?

[01:20:01]

SHE SAID THEY'VE SUBMITTED SITE PLANS FOUR DIFFERENT TIMES TO THE PLANNING COMMISSION, AND THEY'VE ALL BEEN REJECTED.

I DON'T KNOW ANY MORE THAN THAT.

I DON'T KNOW THE BACKGROUND, I DON'T KNOW.

WELL, WE COULD READ THEM IN THEIR DESIGNATED AREA AND THAT'S WHY I DIDN'T KNOW IS THAT GROUNDS TO DENY IT LIKE THIS IS NOT IN OUR AREA, SO WE'RE DENYING. I DID YOU SET UP A TWO MILE CORRIDOR, RIGHT? AND THAT'S WHAT WE WOULD BE DISCUSSING IS THIS IS WHERE YOU CAN PUT IT AND NOT AND NOT OUTSIDE OF THIS.

FOR ALL I KNOW, KENT COUNTY, BEING STUBBORN LIKE THEY ARE RIGHT NOW, COULD BE THE REASON THAT SOME OF THIS LEGISLATION IS BEING PROPOSED IS TO OVERRIDE PESKY LITTLE PEOPLE LIKE THE PLANNING COMMISSION.

IS THAT A COMPLIMENT? YEAH.

PESKY, PESKY.

DARN RIGHT. I HAVE A I HAVE A QUESTION, AND YOU ALL MAY NOT KNOW THE ANSWER.

I'M LOOKING AT THIS THIS SOLAR PROJECT I'M LOOKING AT RIGHT NOW.

SO, YOU KNOW THAT BIG PIECE OF GROUND NORTH OF THE SCHOOL? YEAH, A BIG CHUNK OF THEIR PROJECT THAT WAS IN GREENSBORO'S COMPREHENSIVE PLAN AS THEY VOTED.

EXACTLY. HOW DID THEY.

HOW DID THEY GET THAT AWAY FROM GREENSBORO OTHER THAN I THOUGHT I WAS BEING RECORDED? SO I WON'T SAY IT. THE THE PLAN IS FOR THEM TO BE ANNEXED INTO THE TOWN SO THAT THEY CAN GET TAX REVENUE FROM IT.

BUT THAT'S THE NOW THAT'S WHAT THAT WAS SAID YEARS AGO.

I DON'T KNOW IF IT STILL STANDS TRUE OR NOT, BUT HOW MANY BUSINESS AND THAT'S CORRECT.

THAT'S TYPICALLY WHAT YOUR GROWTH AREA IS FOR 30 YEARS.

THIS PROJECT GOES THROUGH.

THEY TAKE THE PANELS OUT FOR HOUSES.

BUT THAT THAT WAS THE THOUGHT GREENSBORO WAS THINKING ABOUT.

I DON'T. THINK THERE'S ANYBODY LEFT HERE TO BUY.

I MEAN, GROWTH IS SOMETHING THAT HAS TO ATTRACT PEOPLE.

YOU KNOW, YOU HAVE TO ATTRACT PEOPLE TO PEOPLE.

THERE'S NOTHING HERE. PEOPLE DON'T COME AND THEY HAD TWO LARGE NO INDUSTRIES COMING UP.

THESE TWO LARGE SUBDIVISIONS THAT KIND OF TANKED.

YEAH. SO THEY'RE STILL SITTING OUT THERE AVAILABLE AND ACTUALLY WITH INFRASTRUCTURE THAT I'M JUST THINKING.

YOU'RE RIGHT. HOW DID THAT NOT CONFLICT WITH THE COMP PLAN GOALS? WELL, EXCEPT THAT THEY HAVE OTHER AREAS OF GROWTH THAT THEY COULD POTENTIALLY SAY THIS IS A GROWTH AREA FOR 20 YEARS DOWN THE ROAD.

I MEAN, WOULD THAT BE IF THAT'S WHAT THAT WAS, THAT WAS DOWN THE ROAD? I MEAN, YOU HAD TO BUILD YOU HAD ALCOHOL ROAD, YOU YOU HAD THIS WAS ALL IN THE IN THE COMP PLAN AS IT GREW THERE.

AND THEY KNEW THEY WEREN'T GOING TO GROW SOUTH.

YOU KNOW, NOBODY WANTED FOX CREEK OR A TRAILER PARK.

THE LOGICAL WAY WOULD YOU GROW TOWARD BUILDING SINCE IT'S NOT PERMANENT? THEY COULD PROBABLY MAKE THE CASE THAT IT'S THAT WAS THEIR LONG RANGE GROWTH AREA.

YOU KNOW, 20 YEARS OUT.

SO ARE WE GOING TO TAKE INTO CONSIDERATION WHEN WE SET? WHEN YOU TALK TO US IN SEPTEMBER, WE HAVE PROJECTED GROWTH AREAS OUT GROWTH AREAS.

WE TOOK OUT MUNICIPAL BOUNDARIES AND GROWTH AREAS FOR THAT VERY REASON.

THE REGULATION RIGHT NOW ON THE BACK RIGHT THERE.

YEAH. THAT'S RIGHT.

ALL OF THIS. OH YEAH.

YOU'RE GOING TO PARK AND THEN IT'LL BE SCREENED A MOBILE.

AND THEN I KNOW WE'RE IN THIS PART.

I GUESS WE JUST KIND OF MORPHED INTO STAFF COMMENTS OR PLANNING COMMISSION.

BUT YOU KNOW, WHAT WOULD YOU WHY DO YOU HAVE THE GREATEST OVERVIEW? I MEAN, IF IT GOES LIKE THAT, WE'RE JUST PLANTING SOLAR PANELS.

THE CORN DON'T MATTER IF YOU JUST NEEDED TO SOLAR.

I'M NOT ENTIRELY SURE WHY THE NEED.

HE HAS LEGITIMATE CONCERNS.

YEAH, I CAN, CAN'T.

AND WHY HE BROUGHT THEM HERE TONIGHT AND DIDN'T ADDRESS THEM INDIVIDUALLY.

YEAH. THAT WAS YEAH.

I MEAN, WE KNOW THAT SOMEBODY TALKED TO HIM SIX YEARS AGO.

SO THAT WAS TWO OWNERS AGO.

YEAH. CORRECT.

AND AND AND THAT, THAT THAT'S ANOTHER PROBLEM THAT WE I MEAN WORD IS WHEN THEY CHANGE HANDS LIKE THAT.

WELL, THAT AGREEMENT COULD HAVE BEEN A HANDSHAKE.

THEY WERE IN AGREEMENT.

THEY WERE THEY WERE HANGING OKAY.

THEY WERE I FIGURED THAT'S WHAT IT WAS.

YEP. AND I HAD AN IDEA WHERE HE WAS GOING.

THEY'RE GOING TO CUT THAT. THEY'RE GOING TO CUT.

YOU YOU CAN'T GRADE A PIECE OF GROUND AND NOT MOVE TOPSOIL.

WHEN THEY SAID WE'RE NOT MOVING.

YES YOU ARE. AND YOU CAN'T.

SO. BUT THEY'RE NOT MOVING.

WELL, I GOT AN IDEA WHERE THEY WERE.

THE SITE I SAW IN QUEEN ANNE'S COUNTY.

WELL, THERE WAS SOME BIG MOUNTAINS OVER THERE IN THE BACK WHERE THAT TOPSOIL.

[01:25:04]

YEAH. AND IT'S GOING TO SIT THERE UNTIL THEY TOO, YOU KNOW.

WELL, THE MISSION IS SUPPOSED TO COME BACK.

I. HOW LONG WAS THIS GENTLEMAN'S LEASE WAS? HOW MANY YEARS IS IT? I DON'T KNOW, AND I THINK THERE IS SOME SPOTS IN THIS PROJECT THAT THEY WILL STOCKPILE TOPSOIL FOR A LONG PERIOD OF TIME.

REGRADING GOES DOWN, I MEAN.

WELL, I WAS JUST LOOKING AND AGAIN, I SYMPATHIZED WITH HIM.

YEAH. YEAH. AND I UNDERSTAND HIS CONCERN WHERE HE SAYS, YOU KNOW, THIS IS THE HOME FARM AND YOU'RE GOING TO RUIN THE WHOLE FARM, BUT YOU LEASED IT.

AND I'M NOT SAYING THAT YOU LEASE IT.

I MEAN, AND MAYBE THE MONEY WAS GOOD ENOUGH.

BUT HE'S IN A POSITION NOW WHERE HE NEEDS AN ATTORNEY TO HELP HIM UNDERSTAND HE HAS WON WHAT HE GOT HIMSELF INTO.

YEAH, HE'S GOT ONE. AND.

AND IS THERE A CLAUSE IN THESE LEASES THAT THEY CAN GET OUT? HOW? OR HOW SPECIFIC ARE THE LEASES? BUT YOU ONLY DISTURB A CERTAIN PERCENTAGE OF THE LAND.

IT JUST TALKS ABOUT THE AREA.

YEAH. AN AREA WHERE LEASING FOR THIS PROJECT.

THERE. THERE'S. THOSE DETAILS ARE NOT IN THERE.

THERE'S LIKE NO DETAILS IN THOSE LEASE AGREEMENTS AND AND THIS IS HIS FIRST THING ON THE AGENDA.

ONCE OUR LEASE WILL BE SURPRISED IT BECOMES MORNING FOR ALL KINDS OF PURPOSES.

YOU KNOW, JUST LIKE A RENTAL HOUSE, I, I OWN A RENTAL HOUSE.

I CAN'T JUST WALK IN AND NOT ANYMORE.

NO, YOU'RE RIGHT. YEAH, BUT THE DEVIL'S IN THE DETAILS.

AND THE FINE PRINT IN THE LEASE CONTROLS EVERYTHING.

FOR EXAMPLE, IF YOU LEASE YOUR FARM FOR HUNTING, YOU, YOU CAN SPECIFY.

IT'S ONLY FOR THIS KIND OF GAME.

IT'S ONLY FOR THIS YEAR.

THERE'LL BE NO VIOLATION OF THE GAME LAWS.

YOU CAN HAVE DETAILS.

IT'S NOT JUST A CARTE BLANCHE FOR YOU TO GO HUNT.

SO WHAT? HE LEASED, AND YOU KNOW, THIS, THIS LEASE, A LOT OF PEOPLE, UNFORTUNATELY, THEY THEY TAKE THE HANDSHAKE.

THEY TAKE THE VERBAL, AND THEN THEY SIGN THE FORM THAT'S PUT IN FRONT OF THEM, NEVER SHOWING IT TO THEIR ATTORNEY AND REALIZING THEY CAN NEGOTIATE TERMS AND NOT JUST ACCEPT THE BOILERPLATE AND NOT REALIZE THEIR HANDSHAKE AGREEMENTS ARE NOT IN THAT WRITTEN DOCUMENT.

EXACTLY. AND THE LEASE CONTROLS, I MEAN, I DIDN'T MIND YOU TALKING, AND BUT EVERYTHING THAT HE BROUGHT UP REALLY IS DIRECTLY BETWEEN WHO IS SYDNEY, AND HE HAS NOTHING TO DO WITH IT.

I MEAN, I DIDN'T WANT I DIDN'T WANT TO ACT LIKE, OH, YOU'RE NOT ANY MORE CONCERNED, BUT, YOU KNOW, THEY'RE SITTING HERE.

YOU GOT SOMETHING YOU WANT TO ASK THEM TO ASK, AND IT MAKES EVERYBODY FEEL GOOD.

WELL, HOPEFULLY THEY'RE TALKING IN THE PARKING LOT.

THEY PROBABLY MAYBE HAVE BREAKFAST OR SOMETHING.

SO HOW DOES THAT. SO LIKE WHEN THE BOND THE RESTORATION LIKE WHO'S WHO OVERSEES THAT.

CAN ONLY KEEP THE BOMB.

WE ALL KNOW THAT.

BUT YOU'RE GOING TO GET YOU'RE GOING TO RELEASE THAT BOND OR YOU'RE GOING TO MAKE A CLAIM ON IT.

SO IF THEY GOT A $12 MILLION BOND AND THIS THIS GUY HERE SAYS, HEY, MY PHONE'S NOT BACK THE WAY IT WAS.

WHO DOES THAT? WHO? AND I SEE WHAT YOU'RE SAYING.

IS IT TO THE SATISFACTION OF EACH PROPERTY OWNER OR TO THE SATISFACTION OF THE COUNTY? THE COUNTY? YEAH.

AND HOW DO WE KNOW? SINCE WE'RE HOLDING THE BOND, IS 30 YEARS FROM NOW, I WON'T BE HERE.

IT SOUNDS LIKE THEY'RE GOING TO NEED TO REGRADE MR. STERN'S PROPERTY, FOR SURE, BUT WHO'S GOING TO MAKE SURE? RIGHT. I DON'T KNOW THAT THAT'S MY POINT.

THAT WAS MY POINT THERE.

WHO? YOU KNOW HOW.

WHAT KIND OF GUARANTEE? WELL, WHO'S GOING TO FULFILL THAT? WELL, THAT'S WHAT YOU THINK ABOUT BEFORE YOU SIGN THE.

YEAH. THOSE ARE ALL THE QUESTIONS THAT YOU ASK.

WELL, YEAH, BUT BUT THE COUNTY IS THE ONE THAT HOLDS THE BOND, RIGHT? I DON'T KNOW IF IT'S OCCURRED TO ANYBODY THAT MAYBE THERE OUGHT TO BE A LITTLE TO THE SATISFACTION OF THE PROPERTY OWNER.

THERE OUGHT TO BE A LITTLE INSTRUCTION MANUAL HANDED OUT TO FARM OWNERS IN THIS COUNTY, TO EDUCATE THEM ABOUT WHAT THIS MEANS WHEN YOU LEASE IT LONG TERM, AND THE IDEA THAT HE'S UNDER THE IMPRESSION THAT, OH, WELL, AS SOON AS 20 YEARS IS UP, THEY PULL THE THINGS OUT OF THE GROUND AND I CAN GO BACK TO FARMING CORN OR MY SON OR MY DAUGHTERS CAN.

IT'S NOT THAT SIMPLE.

AND WE STILL DON'T KNOW WHAT THE RUINED, THE RUINED, THE FARM.

THAT WAS STUNNING EYE.

THAT WAS. WAS EVERYBODY ELSE STUNNED BECAUSE I WAS.

WELL, MY THOUGHT WAS THAT HE SAID THAT AND IMMEDIATELY WENT.

WHY DID YOU LEASE IT? WELL, YES, BUT YOU SOLD HIM ONE FARM.

OR DID THEY SAY WE'RE JUST GOING TO STICK HIM IN THE GROUND AND THEN PULL HIM OUT OF THE GROUND? THAT'S WHAT HE SAID.

BUT BUT THEY'RE NOT.

THEY'RE GOING TO REDO THE WHOLE THING 20 YEARS FROM NOW OR 30 YEARS FROM NOW, IF IT'S STILL CHUGGING ALONG, AND PRODUCING ENERGY.

[01:30:02]

NO. THEY'RE GOING TO STILL BE MAKING POWER DEPENDING ON THE LEASE.

THE LEASE RENEGOTIATED? WELL, THAT'S THE LEASE IN 30 YEARS.

THERE ARE STIPULATIONS IN THOSE LEASES FOR EXTENSIONS OF TIME, BECAUSE I'VE LOOKED AT EVERY SINGLE ONE OF THEM.

YEAH. THAT'S WHY I'VE GOT COMMENTS ABOUT LEASES NOT MATCHING WHAT'S ON THE SITE PLAN.

THE FIVE YEAR LEASES, I BELIEVE, AREN'T THEY? THEY'RE EXTENSIONS OF LIKE FIVE YEARS.

YEAH. INCREMENTS.

YEAH. YEAH. BUT BUT I THINK THEY WERE I WANT TO SAY THE INITIAL TERM WAS 25 WITH LIKE UP TO THREE OR 4 OR 5 YEAR INCREMENTS.

EXTENSIONS I FORGET.

HOW MANY YEARS HAS IT BEEN, BUT DOES IT HAVE ANYTHING TO DO WITH IT? NO. THEY'RE REQUIRED.

THEY'RE REQUIRED TO SUPPLY COPIES OF LEASES.

WHEN DO THEY START GETTING PAID? LIKE ONCE THEY MAKE THE LEASE AGREEMENT OR ONCE IT'S IN OPERATION? I THINK IT VARIES BETWEEN THE COMPANIES BECAUSE I'VE HEARD FROM SOME OWNERS WHO'VE BEEN GETTING LEASE MONEY SINCE THEY AGREED TO TO LEASE IT TO THEM, AND NOTHING'S UNDER CONSTRUCTION.

AND I'VE HEARD OTHERS THAT NOT UNTIL THEY ACTUALLY HAVE IT IN THE GROUND.

I'M WAITING ON THE PAPERWORK.

YEAH. THAT'S A THAT'S A THAT'S A TOUGH ONE THERE.

I WONDER IF IT'S A TOUGH ONE THERE.

IF, IF, IF SOMETHING THAT WAS DRAWN UP, I'D BE HAPPY TO BE PART OF TRYING TO DO IT TO EDUCATE FARMERS, LITERALLY.

BECAUSE ALL THEY GET IS THE GLAD HANDING OF HEY, SIGN THIS.

YOU'LL STILL OWN THE PROPERTY.

YOU'LL HAVE A STEADY INCOME, AND WE'LL RESTORE IT TO EXACTLY THE WAY IT WAS WHEN THE SOLDIERS EXHAUSTED.

SIGN HERE.

THERE'S TOO MUCH GRAY AREA.

THERE'S WAY TOO MUCH THAT THEY NEED TO KNOW BESIDES THAT.

AND WE COULD BE DOING SOMETHING.

IT'S KIND OF LIKE EDUCATING PEOPLE ABOUT ALTERNATIVES, AND I DON'T KNOW HOW THE FARM INDUSTRY WOULD REACT TO THAT, BUT BUT IT'S KIND OF LIKE A HEY, YOU HAVEN'T PROBABLY THOUGHT OF THIS, BUT HERE'S THE POSSIBILITIES.

ONE IS THE COMPANY IS BELLY UP, RIGHT? IT'S IN BANKRUPTCY.

IT OR YOU KNOW, THEY'RE GOING TO CLAIM TO SELL OFF THE THE APPARATUS FOR SALVAGE VALUE.

THAT MONEY GOES DOWN TO FLORIDA.

IT DOESN'T NECESSARILY GO BACK TO YOUR FARM IN CAROLINE COUNTY TO ACTUALLY DO THE REMOVAL AND RESTORATION OF YOUR FARM.

THEY'RE NOT INTERESTED. THEY GOT OTHER BILLS TO PAY OR THE TRUSTEE IN BANKRUPTCY IS TAKING THAT MONEY.

HE'S PAYING OFF OTHER CREDITORS.

THEY'RE NOT GOING TO DO WHAT THEY'RE SUPPOSED TO DO.

SO THE DEFAULT IS THE DECOMMISSIONING BOND.

AT THAT POINT, IT'S IN FAVOR OF THE COUNTY.

THE COUNTY DOESN'T OWN THE LAND.

THE DESCENDANTS DO.

I MEAN, YOU COULD SIT HERE AND HAVE DISCUSSION WITH THE FARMERS IN THIS COUNTY AND SAY, YOU GUYS GOT TO KNOW WHAT THE POSSIBILITIES ARE WHEN YOU'RE SIGNING THIS AWAY.

YOU COULD BE BEQUEATHING TO YOUR CHILDREN OR GRANDCHILDREN A BLOODY DISASTER WHERE THAT LAND IS WORTHLESS UNLESS SOMEBODY SPENDS FILL IN THE BLANK MILLIONS OF DOLLARS RESTORING IT.

SO IF THE COUNTY RESTORES, IF THE COUNTY COMES IN AND SAYS, OKAY, WE WANT TO DO IT BECAUSE WE LOVE THE COUNTY AND ONE ONE GROUP OF OWNERS AT THAT TIME SAYS, WELL, YOU'RE NOT ALLOWED TO COME ON MY PROPERTY FOR WHATEVER REASON.

SO THE COUNTY CAN'T UNLESS THEY CONDEMN IT, TAKE TITLE AND THEN GO IN BY FORCE AND REMOVE THE CRAP.

ALL OF THESE ARE THE UNINTENDED.

NOBODY'S THOUGHT THESE THINGS THROUGH SO SO SO YOU YOU'RE RIGHT.

EDUCATE THE PEOPLE DOING IT.

BUT THAT'S NOT OUR JOB.

AND I'M SAYING THAT'S NOT DON'T.

AND ISN'T THERE SOME STATE FARMING ORGANIZATIONS.

ZERO. YEAH. THAT'S SOMEBODY ALL INTO THIS SAYING, LOOK, YOU'RE GIVING UP THIS FARMLAND THAT, YOU KNOW, THE ONES THAT ARE OUT HERE HUGGING THE CORN.

BUT I MEAN, WOULDN'T THEY BE THE ONE WRITING THAT BOOK GOING, HEY, THIS IS WHAT YOU'RE GETTING INTO? EVIDENTLY. WELL, HE HE ADMITTED HE SHOWED THE PAPER.

HE JUST SAID, I DON'T KNOW WHAT I'M LOOKING AT, BUT THAT'S I MEAN, WHEN I, WHEN I HEARD THAT I, YOU KNOW, I FELT FOR HIM A BRIDGE FOR SALE.

BUT AS A MEMBER OF THE FORUM OR SOMETHING.

YEAH. THEY GAVE IT A GO TO SOMEBODY AND GO TO IT.

DON'T THEY HAVE A I MEAN, IT WAS ANYBODY.

IT'S ALMOST LIKE YOU THAT YOU SHOULD CONSULT WITH THEM.

I MEAN, YOU KNOW, I KNOW THEY HAVE BREAKOUT SESSIONS LIKE TO FOCUS ON THAT.

LIKE, THEY COME IN THERE WITH, LIKE, THEY JUST COME IN THERE WITH THEM.

WITH THEM, COME WITH THEM, WITH THEM.

BIG NUMBERS. YEAH.

I'M SORRY. IT'S IT'S THE BIG NUMBERS.

THERE WILL BE GRADING.

AND YOU KNOW THIS ISN'T GOING AWAY.

NO, NO. IT'S NOT JUST HERE.

IT'S STATEWIDE.

WOULDN'T IT MAKE SENSE, MAYBE TO DO A A PARCEL BOMB INSTEAD OF A BLANKET OVER THE WHOLE PROJECT?

[01:35:10]

SO WE'RE GOING TO GO AGAINST THE BIG BOMB.

YOU HAVE AN EXCELLENT POINT THERE.

EVEN IF THE COUNTY GETS PERMISSION TO GO IN AND DECOMMISSION BECAUSE BECAUSE THEY'RE BELLY UP, THEN THE COUNTY'S BEING CRITICIZED. I MEAN, THEY'RE USING THE BOND MONEY TO PULL THAT CRAP OUT AND TRY TO GET RID OF IT SOMEHOW.

WHO KNOWS HOW THEY'RE GOING TO DO IT? BUT CRYSTAL'S SUCCESSOR IS GOING TO BE SOMEBODY WILL BE CRITICIZING HER FOR? WELL, MY FARM IS NOT RIGHT.

COUNTY. GET BACK IN HERE WITH SOME EXTRA MONEY AND I WANT IT REGRADED.

AND I ALSO WANT THAT TOPSOIL.

THERE USED TO BE SIX INCHES OF TOPSOIL.

NOW THERE'S NOT.

AND I WANT YOU.

THIS IS WHAT THE COUNTY GETS ENMESHED IN.

SO THE DECOMMISSIONING BOND IS JUST PIE IN THE SKY TO ME.

IT IS NOT A PRACTICAL WAY TO ENSURE THE PRESERVATION OF THE FARMLAND.

AND THE FARM INDUSTRY KNOWS THIS BETTER THAN I DO.

I'M JUST A LAWYER. BUT THERE ARE.

THEY NEED TO BE EDUCATED AND ON.

LIKE HANNA SAID, THIS IS NOT GOING AWAY AND I DON'T WANT TO SEE CAROLINE COUNTY EATEN UP LIKE THIS.

NOW, NOW, IT'S INTERESTING THAT THE COUNTY COMMISSIONER AND THE COMMISSIONERS HAVE SAID WE WANT FULL BONDS.

WE DON'T WANT SALVAGE.

HAPPY TO HEAR THAT. WHICH IS GREAT.

SO WHEN WE GO.

TO SALVAGE THEN BECOME NEGOTIATION WITH YOU WOULD YOU NOT CONSIDER THAT ALL THE SALVAGE THEY DO, WHOEVER'S COMING IN THERE TO TAKE IT OUT? THAT'S WHAT I SAY. IS THAT DOES THAT BECOME.

OH, YOU WANT A NEGOTIATED END? BUT HERE'S A COUPLE OF THINGS THAT NOBODY I HAVEN'T HEARD ANY SATISFACTORY ANSWERS.

THE FARMS OFTEN HAVE MORTGAGES ON THEM.

UNLESS THE MORTGAGE COMPANY SIGNED OFF ON THE LEASE, THE LEASE IS SUBORDINATE TO THE MORTGAGE.

SO IF THERE'S A DEFAULT ON THE MORTGAGE, THE MORTGAGE CONTROLS.

RIGHT. SO THE LEASE.

IT'S THEORETICALLY POSSIBLE, MATT, THAT IF ONE OF THESE FARMERS EVER GOES INTO DEFAULT ON A MORTGAGE OR DEED OF TRUST AND THERE'S A FORECLOSURE, IT RIPS.

THEORETICALLY THAT MORTGAGE COMPANY SAYS RIPPED THAT CRAP OUT OF HERE.

WE NEVER AGREED TO THAT.

WE HAVE FIRST LIEN AND FIRST PRIORITY IN A FORECLOSURE.

WELL DONE.

THAT'S THAT'S ONE BLOW UP.

THE OTHER BLOW UP IS IF THE COMPANY IF THE SOLAR COMPANIES AND RYAN AND JASON ANDREW ADMITTED THIS TO ME THAT I SAID, ISN'T IT TRUE THAT THERE IS A FINANCING STATEMENT, WHICH IS A CHATTEL MORTGAGE, ON RECORD TO THE LENDER TO HELP YOU PURCHASE THE EQUIPMENT? YES, IT'S LIKE A MORTGAGE, LIKE A CAR LOAN LIEN MORTGAGE ON YOUR LAND.

IT'S A MORTGAGE ON THE APPARATUS.

YOU CAN'T SELL IT.

IT'S SUBJECT TO A SECURITY INTEREST HELD BY THE CREDITOR.

SO AT THE END OF THE 20, 25 YEARS, YOU'RE BEING TOLD, YOU KNOW, JUST HAPPY STUFF THAT.

OH, WELL, THE OWNER, WHOEVER THE OWNER IS AT THAT TIME, CAN SELL THE APPARATUS, GET THE SALVAGE VALUE AND USE IT TO DECOMMISSION. NO, BECAUSE THE CREDITOR OWNS THE TITLE TO THE APPARATUS.

IT'S A LEAN LIKE THE MORTGAGE COMPANY HAS ON YOUR BANK.

I'M SORRY. ON YOUR HOME.

CAN THEY SELL THE HOME? WHO? NO. THE OWNER CAN SELL THE FARM, BUT IT'S GOING TO BE SUBJECT.

IT'S GOING TO BE SUBJECT TO. PROBABLY THESE LEASES ARE RECORDED.

THEY'RE RECORDED. THEY'RE RECORDED.

THEY'RE REQUIRED TO BE RECORDED. BUT THE APPARATUS IS SUBJECT TO A RECORDED SECURITY INTEREST.

SO THE OWNER OF THE SOLAR COMPANY DOESN'T HAVE THE ABILITY TO SELL THE APPARATUS TO A THIRD PARTY WITHOUT THE CREDITOR SIGNING OFF ON THE BILL OF SALE.

THE BUYER DOESN'T GET GOOD TITLE.

THIS IS SO COMPLICATED.

THEY'RE IN A MESS.

THERE'S SO MANY. WE HAVEN'T EVEN SEEN THE MESS THAT.

YEAH, BUT SEE, NOBODY'S.

AND HE ADMITTED THAT I WAS RIGHT, THAT THEY HAVE A RECORDED SECURITY INTEREST ON THE APPARATUS.

I SAID, SO YOUR YOUR CLIENT CAN'T EVEN SELL THE STUFF, AND THE CREDITOR IS GOING TO SIT BACK AND GO, I'LL TAKE ALL THE MONEY BECAUSE YOU GUYS STILL OWE ME MONEY.

UNLESS THAT'S BEEN RELEASED OVER THE 20 YEARS.

WELL, SOME SOMEWHAT.

WHEN YOU SAID THAT A CONGRESSMAN OR A REPRESENTATIVE WAS MAKING IT, THAT'S WHY I THINK THE FARM INDUSTRY FARM BUREAU.

I TOLD YOU, I'LL GO. I'LL ASK HIM A FEW QUESTIONS ON THIS BILL.

[01:40:03]

BUT THAT'S WHAT I WOULD WANT TO KNOW.

THIS CONGRESSMAN WOULD HAVE TO LET ME KNOW.

HAS HE LOOKED AT ALL THESE LAYERS OF THINGS THAT COULD HAPPEN IF HE WANTS TO OVERRIDE A NICE OR, YOU KNOW, I MEAN, PLANNING COMMISSION, THEY THEY MAY KNOW THEY HAVE A, A HARD TARGET OF 100% RENEWABLE ENERGY BY 2050, 2035.

IT'S COMING FAST.

AND SO THEY'RE SCRAMBLING NOW TO MEET THAT TARGET.

SO, YOU KNOW, THEY'RE JETTISONING, JETTISONING A LOT OF STUFF.

GOTCHA. WITH THAT THOUGHT IN MIND, AND AT SOME POINT SOMEBODY'S GOING TO BE LOOKING AROUND GOING, OH, OH, OH, YEAH, WE THREW THAT OVERBOARD TWO YEARS AGO.

YEAH. THEY'RE TRYING TO MEET A TARGET BY WHAT, 20, 35, 20, 30, 2035.

AND THEN I THINK THE FINAL ONE IS 2050.

BUT IT'S VERY AMBITIOUS.

SO IT'S REALISTIC.

IT'S INSANE. 2050? 25 YEARS. THE ONE THING WE DO KNOW IS THE MANGO LEGISLATIVE PEOPLE WERE TELLING US HE'S PREPARED TO JUST BE TRAMPLED OVER.

WELL, THERE'S ONE THING YOU CAN DO TO BUILD A DEFENSE, THOUGH, IS YOU EDUCATE YOUR CAROLINE COUNTY FARMERS.

BECAUSE WITHOUT THEIR COOPERATION, SOLAR CAN'T COME HERE.

EXACTLY. TELL THEM I WISH MDA WOULD STEP UP.

AND WE'VE STILL GOT A LITTLE BIT OF AMERICA LEFT.

SO IF THE FARMERS GO, NOPE, NOT GOING TO DO IT BECAUSE THEY'VE BEEN EDUCATED ABOUT ALL OF THE PROBLEMS AND ALL OF THE ISSUES AHEAD FOR THEIR FAMILY AND ALSO POTENTIAL BUYERS OF THE FARM FROM THEM.

AND THEY'D HAVE TO DISCLOSE ALL OF THESE POTENTIAL PROBLEMS TO A BUYER.

THE REALTORS WOULD HAVE TO DISCLOSE IT BY LAW.

ANY PROBLEMS THAT ARE ASSOCIATED WITH THE PROPERTY SO WE COULD DEFEND THIS COUNTY THROUGH EDUCATION LEGISLATION IS ONE THING, BUT EDUCATION IS THE BEST.

IT WOULD THEN FORCE THE COMPANIES TO START BUYING FARMS, NOT LEAST RIGHT.

THEY HAVE TO BUY THE FARM.

YEP. YEAH, THAT WOULD BE THEY'RE DOING THAT.

THAT'S WHAT HAPPENED IN QUEEN ANNE'S COUNTY.

THEY THEY STARTED THEY STARTED BUYING THEM AND THEY ACQUIRED A COUPLE IN THIS PROJECT.

THEY'VE ACQUIRED A COUPLE IN THE WAYPOST PROJECT THROUGHOUT.

THEY BOUGHT SEVERAL.

BUT THINK ABOUT THIS.

IF YOU CAN FIND A BUNCH OF PEOPLE IN THE AREA THAT THEY'RE TRYING TO USE.

ALL IT TAKES IS A COUPLE TO RAISE THEIR HAND RIGHT IN THE MIDDLE OF IT, GOING, NOPE, I'M NOT SELLING AND I'M NOT LEASING BECAUSE I KNOW WHAT'S GOING ON HERE.

AND YOU, YOU MIGHT BE ABLE TO PREVENT OR AT LEAST REDUCE SOLAR IN THIS COUNTY AND SAVE SOME OF OUR CROPLAND THAT YOU WOULD OTHERWISE LOSE. JUST LIKE YOU SAY WITH THIS MAP IN A TARGETED AREA.

I MEAN, THE MORE PEOPLE GET AHOLD OF THAT, I MEAN, THEY'RE JUST GOING TO KNOCK ON PEOPLE'S DOORS AND, YOU KNOW, THE THE ONE OF THE REQUIREMENTS OR ANTICIPATED LEGISLATIVE INITIATIVES THAT WE HEARD ABOUT A MONTH OR TWO AGO WAS THAT THE LEGISLATURE IS TRYING TO PROVIDE INFORMATION TO THE SOLAR COMPANIES.

IT'S BASICALLY LIKE HAVE THE COUNTIES DO THEIR DUE DILIGENCE FOR WHERE THE MOST AFFORDABLE PLACE HAS ALREADY QUIT.

SO WHAT? WHAT A COMPANY WOULD DO WOULD HIRE A CONSULTANT TO DO AND GO IN AND ESSENTIALLY DO MARKETING AND RESEARCH AND DETERMINE WHERE'S YOUR BEST LOCATION FOR YOU TO PUT THIS? THAT'S WHAT WE'RE GOING TO BE ASKED TO DO ESSENTIALLY.

SO. I DON'T I THE SENSE WE'RE GETTING IS THAT EVERYTHING WILL BE DONE TO ENABLE THIS.

SHORT OF ANY REASONABLE ARGUMENT WE CAN PRESENT BACK.

THAT IS THAT IS SOMETHING THAT THE SOLAR COMPANY THEMSELVES WOULD HAVE TO STOP AND GO, WELL, WE DIDN'T.

WE DO HAVE TO THINK ABOUT THAT.

LIKE TRANSMISSION LINE CAPACITY AND AND REASONABLE DISTANCE FROM A TRANSMISSION LINE TO MAKE IT COST EFFECTIVE EVEN.

SO SHOWING THEM AN AREA COULD BE CONSIDERED LIKE HERE'S YOUR, HERE'S AN INVITATION TO GO TO ALL THESE PEOPLE.

RIGHT. AND THE OTHER THING THAT WE HAVE TO THINK ABOUT IS WHAT WHAT DOES THE WHAT ARE THE PROPERTY OWNERS? HOW DO THEY FEEL ABOUT BEING IN A SOLAR CORRIDOR? THAT'S A VARIABLE THAT I DON'T THINK ANYBODY'S THOUGHT ABOUT, BECAUSE THEY CAN'T COMPEL A PROPERTY OWNER TO SELL OR EVEN LEASE TO THEM FOR SOLAR.

YOU JUST CAN'T DO IT.

SO THE LAST LINE OF DEFENSE MIGHT BE PUBLIC RESPONSE IS NEGATIVE TO OUR PROPOSED CORRIDOR, AND THEREFORE WE WILL NOT ADOPT IT. AND I DON'T KNOW HOW ANYBODY COULD ARGUE THAT.

[01:45:04]

THEY TAKE WHO'S THERE FOR WHOEVER CONDEMNS PROPERTY TO GOVERNMENT.

FOR YES, FOR GOVERNMENT CAN CONDEMN PROPERTY FOR PUBLIC PURPOSE.

EMINENT DOMAIN. I CAN TELL YOU CAROLINE COUNTY AIN'T GOING TO CONDEMN ANYBODY'S PROPERTY.

I CAN TELL YOU THAT RIGHT NOW.

THEY DO IT FOR HIGHWAYS AND BELTWAYS.

OUR COUNTY COMMISSIONERS WILL NEVER TOUCH THAT INFRASTRUCTURE NEEDS.

SO MAYBE I DON'T KNOW THAT WE'RE THERE.

STATE MIGHT COME IN AND DO SOMETHING.

BUT AND THE OTHER THING IS, IF WE PRODUCE A REASONABLE AMOUNT OF ACRES IN AN AREA THAT PEOPLE ARE LIKE, FINE, I'M FINE WITH THAT.

THAT IS DOABLE FOR A SOLAR COMPANY, AND WE CAN DEMONSTRATE THAT IT'S ENOUGH TO MEET THE THE CAPACITY OF THE TRANSMISSION LINE NEARBY.

THEN WE PROVIDED ENOUGH TO AVOID BEING FORCED, WE HOPE, INTO HAVING TO PROVIDE MORE.

BUT ALL OF THIS IS CONJECTURE RIGHT NOW.

ALSO, PEOPLE SHOULD BE EDUCATED IN THIS COUNTY ABOUT THE EFFECT OF SOLAR SOLAR FACILITIES LIKE THIS BEING LOCATED NEAR YOUR PROPERTY AND POSSIBLY DIMINISHING YOUR PROPERTY VALUE.

YOU GET AN APPRAISAL DONE AND WELL, GEE, YOU'RE NEXT TO THAT INDUSTRIAL SOLAR ARRAY.

YOU KNOW, YOU'VE KNOCKED 50,000 $100,000 OFF YOUR FAIR MARKET VALUE.

WELL GUESS WHAT? THAT'S COMPENSABLE.

SOMEBODY GETS SUED FOR THAT.

YOU THEORETICALLY CAN CAN RECOVER DAMAGES FOR THAT, BUT PEOPLE PROBABLY ARE NOT THINKING THAT WAY.

AND IT HASN'T HAPPENED, I GUESS, YET DRAMATICALLY ENOUGH, WHERE SOMEBODY SAYS MY NEIGHBOR LEASED OR SOLD THE PROPERTY RIGHT NEXT TO ME, AND I'M NOW GOING TO HAVE THESE DAMN THINGS WITHIN MY EYESIGHT, AND IT'S AFFECTING THE WILDLIFE.

THE DEER NO LONGER TRAVEL OVER HERE, SO I CAN'T DEER HUNT ANYMORE.

TURKEYS, THEY'RE ALL BEING INTERCEPTED BY THIS SOLAR ARRAY.

SO MY PROPERTY IS WORTH LESS TO ME AND WORTH LESS TO A BUYER.

AND WHEN I GO TO REFINANCE MY HOUSE, THE APPRAISER TAKES THAT INTO EFFECT.

OH, WELL, THIS HAS CHANGED SINCE FIVE YEARS AGO.

NOPE. YOU KNOW YOUR VALUE IS NOT THERE ANYMORE.

ALL THOSE ARE THE UNINTENDED CONSEQUENCES PEOPLE HAVEN'T THOUGHT ABOUT.

WHEN WHEN THIS STUFF GETS PUT IN, THE NEIGHBORS SOMETIMES ARE ADVERSELY AFFECTED.

KIND OF LIKE DAF.

MAYBE NOT AS BAD AS DAF.

SPEAKING OF. OKAY, BY THE WAY, SO YOUR LEGISLATIVE CHANGES THAT YOU'VE REVIEWED THE FOOD PROCESSING RESIDUALS, THE REASONABLE ACCOMMODATIONS REASONABLE ACCOMMODATIONS.

YESTERDAY WAS ENACTED AND NOW EFFECTIVE.

THE ONE OF THE COMMISSIONERS WAS ILL, SO THEY WERE NOT IN ATTENDANCE AT YESTERDAY.

SO THE OTHER TWO COMMISSIONERS AGREED TO POSTPONE IT UNTIL THE NEXT MEETING BECAUSE THEY FELT THAT THEY WANTED ALL THREE TO BE THERE BEFORE THEY MOVED ON IT.

SO THAT'LL BE SEPTEMBER 3RD.

AND ALL WOOD FARM LITIGATION WAS DISMISSED.

YES. STIPULATION OF DISMISSAL.

OKAY. DID WE GET ONE? YEAH. THE ENTRANCE IS NOW IN THE STATE OWNED PORTION.

LET'S PUT IT THIS WAY. IS IT THE PERFECT.

IS IT EVERYTHING WE WANTED TO KNOW, BUT BY PUTTING IT INTO THE STATE OWNED PORTION OF LOG CABIN ROAD, THE COUNTY NO LONGER HAD THE SAY. SO ON ALL THOSE THINGS THAT WERE MAINTENANCE ISSUES AND ALL OF THE THINGS THAT WERE ADDRESSED BY THE CITIZENS AND CONCERN ABOUT ARE NOT THERE NOW, STATING NAVIGATING THAT IT WILL BE STATE HIGHWAY.

IS HE DOING WHAT HE'S GOING TO DO, OR IS HE STILL GIVING YOU AND ACT LIKE AN ASS? AS FAR AS THE WOOD FARM? CAYCE YEAH, THERE'S BEEN NOTHING AT THIS POINT.

THEY'VE GOT THEIR PERMIT AS A VARIETY.

SO I MEAN, THAT WAS THE WHOLE THING WAS IT STARTED WHEN THEY.

YEAH, WE JUST KIND OF BEEN IN THIS BROUGHT UP.

HE JUST YOU TELL HIM DON'T DO THAT.

AND HE'S LIKE YEAH RIGHT.

WELL THAT SHOE HASN'T DROPPED YET.

THAT'S THAT'S NOT BEEN SOLVED BY THE LITIGATION YOU'RE TALKING ABOUT FINES FOR VIOLATION OF STOP WORK ORDER.

OH, NO. DON'T WORRY.

THAT'S OKAY. THAT'S STILL A LIE.

I MEAN, IT'S JUST, YOU KNOW, AGAIN, IT WASN'T NEVER ABOUT I MEAN, IF WE'RE GOING TO IF OUR, AS I SAID, IF OUR ZONING AND COMP PLAN, IF IT'S, IF WE'RE DUMB ENOUGH TO LET SOMEBODY DIG A HOLE FOR A FOR SHAME ON US.

YEAH. THE POINT IS HE HE NEEDED TO FOLLOW THE RULES.

AND THERE ARE CONSEQUENCES FOR NOT FOLLOWING.

YES. WHICH WILL COME IN THE WAY OF FINES.

YES. SO.

[01:50:02]

OKAY. I'LL MAKE A MOTION FOR THAT.

I'LL MAKE A MOTION. WE ADJOURN.

I'LL SAY I SECOND IT.

WE HAVE A SECOND. ALL IN FAVOR, SAY AYE.

AYE. OKAY.

WE.

* This transcript was compiled from uncorrected Closed Captioning.