4 THE PERQUIMANS WEEKLY, WEDNESDAY, NOVEMBER 9,2016 Pet Of The Week Horton cleared of charges SUBMITTED PHOTO Orange Tabby brothers, Cinnamon and Butterscotch, are available for adoption at the Tri-County Animal Shelter and Adoption Center in Tyner. For more information, call 221-8514; From staff reports An Elizabeth City city councilor who operates a Hertford funeral home has been cleared of misde meanor assault and com municating threats charges last week. Darius Horton, who had been accused of the miscon duct by a former employee of his business, was on trial in Perquimans District Court on Wednesday when District Court Judge Mead er Harriss III dismissed the case against him. According to Horton, Harriss threw out the charges after hearing the prosecution’s case - a case that included testimony by Horton’s accuser, James Parker, a former employee of Horton’s busi ness. In a sworn state ment he gave to a Perquimans magis trate in June, Park er claimed Horton HORTON had “hit at me” through a truck window and slammed the truck’s door against his leg, breaking his ankle bone. Parker also claimed Hor ton had berated him with expletives and threatened him, saying, “I know where you five. I’m going to come to your house one night and kill you.” Horton, who previously denied Parker’s alle gations, said he had at least five witness es ready to testify in his defense and refute Parker’s al legations. However, they weren’t called because Harriss dis missed the charges in response to a motion by Horton’s attorney, John nie Fitch, at the end of the prosecution’s case. “There was no evidence toprove that there even was a case against me,” Horton said Friday. Horton said he believes Harriss dismissed the case because there were a lot of “loose ends” in Parker’s tes timony. PROJECT Continued from 1 “When built, Timbermill Wind will produce enough safe, clean renewable en ergy for 60,000 homes while providing a significant eco nomic boost for the area,” Giecek continued. “We hope to be a part of this commu nity for decades to come.” Apex has proposed a 300- megawatt wind energy gen eration facility in the Bear Swamp and Center Hill ar eas of Chowan and Perqui mans counties. A separate conditional use permit is required for each county, which will cov er the portion of the project located in that county. The board approved the permit with more than a dozen conditions. Among those was one intended to address the objection raised by opponents of the project that environmental stud ies related to the proposed project have not been made public. Henry Campen, an attorney representing Apex, proposed that one condi tion of the permit be that Apex would provide bird, bat and other wildlife and environifiental studies to the county at the time the company submits a permit application to the state’s De partment of Environmental Quality. County Commissioner John Mitchener-called that condition, which the board approved unanimously, “a step in the right direction.” Patrick Flynn, a property owner and resident repre senting himself in opposi tion to the project, asked that the board adopt a spe cific number of birds killed by the wind turbines as a condition for stopping the project. But John Morrision, an attorney advising the county, said such a require- BANKRUPTCY STOP Foreclosure STOP Lawsuits STOP Car Repossession STOP Tax Levies and Garnishments Call Allen C. Brown Attorney #252-752-0753 ^ A Debt Relief Agency helping people eliminate debt through bankruptcy^ $4,000 CASH Newspaper sponsored - Local shopping survey Enter to win now, go to: www.pulsepoll.com DAILY ADVANCE FILE PHOTO Two 500-foot wind turbines are shown at Avangrid Renewables’ Amazon Wind Farm US East wind energy project in Pasquotank and Perquimans counties in August. ment would be beyond the scope of the county’s per mit. Another condition ap proved by the board was a limitation on the reloca tion of turbines within the project area. Commissioner Keith Nixon told his fel low commissioners he was concerned that staff could approve the relocation of turbines within the overall project area, which poten tially could mean some turbines would be closer to housing developments than the current project design would indicate. Commissioner Alex Ke- hayes agreed with Nixon’s concern that turbines could be relocated closer to hous ing. In response to the com missioners’ concerns, Campen said Apex was will ing to have the language in the permit prohibit any tur bines from being relocated to parcels for which turbines are not now proposed. As the commissioners continued to discuss the matter they settled on not allowing turbines to be re located outside of the blue grid on the site plan submit ted as part of the application unless the board of commis sioners approve such a relo cation. Flynn requested even stronger language that would have prohibited any relocation of a turbine from its designated spot on the site plan without permis sion of the county commis sioners. But the commissioners stayed with their condi tion that no turbines would be relocated outside the blue grid — basically, that they would not be moved from the core project area to spots along the periph ery that would be closer in some cases to occupied houses — without the Com missioners’ approval. The commissioners’ ac tion Friday also included four “findings of fact” relat ed to the pennit. With Kehayes casting the lone dissenting vote, the board voted 5-1 to find that the project would not materially endanger public health or safety. Kehayes’ dissent focused on the issue of turbine noise, and annoy ance from such noise, as a health concern. Kehayes pointed out that even in studies referenced by the expert witness who testified on Apex’s behalf MEETING Continued from 1 sidewalks retaining wall treatments and improve ments to the adjacent right- of-way. The meeting will be held at the Perquimans County I?1(H) BlueCross BlueShield W of North Carolina NEED HEALTH INSURANCE? The time to act is now. Did you know that, with few exceptions, you can no longer buy health insurance anytime you want? The open enrollment period runs from November 1, 2016 through January 31, 2017 That's it. So give me a call today. Authorized Agent Chip Pruden (252) 482-2673 chip @ evansneinsurance.com ®, SM Marks of the Blue Cross and Blue Shield Association. Blue Cross and Blue Shield of North Carolina is an independent licensee of the Blue Cross and Blue Shield Association. U9673d, 7/16 about sound issues there were acknowledgments that at sound levels below 50 decibels, which is less than the 55-decibel limit in the county ordinance, some residents reported annoy ance related to the particu lar characteristics of wind turbine noise. “From my point of view that’s a health risk,” Ke hayes said. Commissioner Greg Bon ner said his understanding of the testimony presented at the hearing was that the project would not pose a health risk for those living nearby. Also on a 5-1 vote with Kehayes dissenting, the board found that the proj ect would not substantially iryure the value of adjoining or abutting property. Kehayes also cast the only vote against the board’s finding that the project would be in harmony with the surrounding area Once the project is in place, Kehayes said, the county won’t look the same and for many citizens won’t sound the same. “I would say this is dis harmonious,” Kehayes said. Bonner countered that the project would be locat ed in a predominantly agri cultural area and that it ac tually will serve to preserve farmland. Nixon agreed that the project might protect the county’s agriculture indus try. Mitchener said he be lieves property owners’ willingness to lease land for wind turbines points to the project being in harmony with the area The Chowan board also voted 5-1, with Kehayes vot ing against the motion, to find that the project would be in general conformity with the county’s land use plan. Closing arguments were offered Friday by Apex and by the opponents of the project. Bill Bryan, representing the opponents of the project, said in his closing argument that the decision would af fect the future of the county for at least 20 years. If the project is approved, he said, it would affect development patterns for Edenton and Chowan County and effec tively create a “development dead zone” in the part of the county near the project that will last at least 20 years. Bryan also objected that the application was being considered without the completion of an environ mental assessment that he said was almost surely go ing to be required for the project. “By the time you learn of all the damage that this project will wreak on your county it will be too late,” Bryan said. But Henry Campen, an attorney representing Apex, said the only issue before the commissioners was whether Timbermill meets the standards established in the county’s ordinance. Campen said the evidence presented at the hearing demonstrates conclusively that Timbermill complies with all of the ordinance re quirements. Regarding the decom missioning of the facilities, Campen noted Apex would post a $7.3 million cash bond to cover decommissioning costs. The decommission ing plans contemplate safe and timely removal of the equipment at the end of the fife of the project, Campen said. Timbermill has held more than 20 community meetings in the area and opened an office in the area, Campen said. Recreation Center from 7 p.m. until 9 p.m. In addition to DOT and the Coast Guard, a rep resentative of the N.C. Historic Preservation Of fice is also expected to be present. HPO is the state agency that originally raised concerts about the impact of a new bridge and requested the inter vention of the federal his toric preservation group. RECYCLE THIS NEWSPAPER HELP Continued from 1 “I’m pleased that the designation finally came through,” Heath said. “We’re about a month post-storm. We’re glad out residents are eligible for assistance.” Mike Wade, a FEMA spokesman, said it’s hard to predict what counties, are eligible for disaster help. “There is no way of un derstanding when,” Wade said. “It all depends on when it was submitted. This (the Perquimans case) was probably just one of those timing issues.” Jonathan Nixon, Perqui mans County’s Emergency Management director, esti mates one structure was de stroyed by Hurricane Mat thew, 29 structures suffered mqjor damage and eight suf fered minor damage. Without the federal disas ter designation, no FEMA funds could be released to help those victims. One of the benefits of be ing on the list is the state is waiving DMV fees for things like getting a duplicate driv er’s license, vehicle title or replacement plates for all those in a .disaster county. The waiver runs through Dec. 1. Gov. Pat McCrory also approved supplemental food and nutrition service benefits for those who lost their jobs as a result of Hur ricane Matthew. A joint PTIMA and North Carolina Emergency Man agement Disaster Recovery Center will be open through Nov. 9 from 9 a.m. to 6 p.m. at the Pasquotank County Cooperative Extension Cen ter. Recovery specialists from FEMA, NCEM and the U.S. Small Business Admin istration will be available to speak face-to-face to an swer questions from people regarding the disaster as sistance process, other as sistance available and help people register. For those who have registered, they can provide an update of the application status and if needed, discuss the appeal process. Wade urged those who have applied for FEMA as sistance not to apply again. Their original application is in the system and the disas ter declaration triggers the process. “If they try and re-register it will throw up red flags and that makes the process take even longer,” he said. Anyone interested in ap plying for federal help can call 1-800-621-3362 or go on- line to disasterassistance, gov BURGLARY Continued from 1 Wholesale company truck into the building, disabling and stealing the security cameras, loading the truck with cigarettes and then stealing the truck. “Although warrants have been issued, the investiga tion is still ongoing and many more leads are being followed up on,” Freeman said. Anyone that has any fur ther information about the break-in is asked to call the Hertford Police Department at 426-5587.