By Gordon Anderson | gordon@rantnc.com
Additional reporting by Richard Sullins

The Lee County Board of Commissioners is scheduled to meet on Monday, but a request by citizens opposing a proposed data center on Lower Moncure Road for formal board discussions on a moratorium and development regulations aren’t on the agenda.

For months, those opposing the data center have packed meetings of the board, expressing their concerns during lengthy public comment periods and calling on the board enact a data center moratorium and adopt changes to the county’s Unified Development Ordinance, changes they say would protect against environmental threats posed by data centers elsewhere in North Carolina and the United States.

But in recent months, the strategy has expanded beyond just public comments. Although members of the public can use public comments to address commissioners for up to three minutes on virtually any topic, commissioners don’t typically respond, and no board action can be taken on the comments themselves. Beginning in late July, some of those speaking against the data center began asking the commissioners to place formal discussions about a moratorium and UDO changes on the meeting agenda.

The Board of Commissioners on Thursday released the agenda for Monday’s meeting. Neither a moratorium nor a UDO discussion related to data centers are included.

The county also announced on Tuesday that a special called meeting would be held on Friday, three days before the regular meeting. The only agenda item announced is a closed session for the purpose of protecting attorney-client privilege. The notice doesn’t identify the subject of the consultation.

According to Assistant County Manager Jennifer Gamble, staff prepares agendas on a preliminary basis by assembling matters already requiring action by the county – such as zoning requests, actions involving other governing bodies, proclamations and resolutions – as well as items requested for placement by members of the board. The agenda then goes to the board’s chair, currently Republican Samantha Martin, for final approval.

Items can still be added – even after a meeting begins – if requested by an individual commissioner and approved by a majority of the board.

“The current UDO requires administrative review and approval of a data center if an application is submitted in the correct zoning district,” Martin told The Rant in a text message. “The Board’s agendas include matters the Board needs to act on or receive information on related to county business. The Board has adopted its Rules of Procedure detailing how agenda items can be added and it is imperative the Board follow its Rules of Procedure to treat all public members the same.”

The requests have come from three residents of the area in which the data center is proposed: Attorney Eric Evenson, unaffiliated write-in candidate for the board Jonathan Boyce, and landowner Jeff Kidd.

Evenson emailed all seven commissioners on Aug. 31, along with county staff, members of other local elected bodies and media outlets. The email asked that a package prepared by Evenson, Boyce and Kidd be included in commissioners’ meeting materials and specifically requested the matter be placed on the board’s agenda for discussion on Monday.

The package included a citizen petition proposing changes to the county’s data center regulations, a proposed resolution imposing a 180-day moratorium on data center approvals and a memorandum arguing the county has the legal authority to take both actions.

It wasn’t the first time the group had asked commissioners to formally consider the issues. In late July, the group requested that the issue be placed on the board’s August 17 agenda. Evenson’s August 31 submission to the county says he was informed by county staff on August 5 that it would not be included, but that he could raise the issue during public comment.

Martin’s reference to administrative review is a reminder that the commissioners won’t vote on whether to approve the data center proposal. Because data centers are permitted under the property’s zoning, the application will be reviewed by staff for compliance with the county’s UDO.

The board does, however, have authority over the county’s development regulations, and the request from Evenson, Boyce and Kidd is aimed there – it’s a request for the board to temporarily halt data center proposals and begin amending the UDO.

The Board of Commissioners meets at the Lee County Library, 1740 Bragg St. in Sanford. Friday’s special called meeting is scheduled for 9:30 a.m., and the regular meeting on Monday is scheduled for 6 p.m.