HomeMy WebLinkAboutAgenda - 02-16-2021; 8-a - Minutes 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 16, 2021
Action Agenda
Item No. 8-a
SUBJECT: Minutes
DEPARTMENT: Board of County Commissioners
ATTACHMENT(S): INFORMATION CONTACT:
Draft Minutes (Under Separate Cover) Laura Jensen, Clerk to the Board, 919-
245-2130
PURPOSE: To correct and/or approve the draft minutes as submitted by the Clerk to the Board
as listed below.
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
Attachment 1: January 5, 2021 Virtual Public Hearing (continued to January 12, 2021)
Attachment 2: January 19, 2021 Virtual Business Meeting
FINANCIAL IMPACT: There is no financial impact associated with this item.
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated
with this item.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
Attachment 1
1
1 MINUTES
2 ORANGE COUNTY
3 BOARD OF COMMISSIONERS
4 VIRTUAL SPECIAL MEETING
5 JAN UARY 05, 2021
6 7:00 p.m.
7
8 The Orange County Board of Commissioners met for a Virtual Special Meeting on Tuesday,
9 January 05, 2020 at 7:00 p.m.
10
11 COUNTY COMMISSIONERS PRESENT: Chair Renee Price, Vice Chair Jamezetta Bedford,
12 and Commissioners Amy Fowler, Jean Hamilton, Mark Dorosin, Sally Greene, and Earl
13 McKee
14 COUNTY COMMISSIONERS ABSENT: NONE
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
17 Travis Myren, Clerk to the Board Laura Jensen, and Assistant Deputy Clerk II Allen Coleman
18 (All other staff members will be identified appropriately below.)
19
20 Due to current public health concerns, the Board of Commissioners is conducting a Virtual
21 Special Meeting on Tuesday, January 05, 2021. Members of the Board of Commissioners
22 participated in the meeting remotely. As in prior meetings, members of the public were able to
23 view and listen to the meeting via live streaming video at
24 http://www.orangecountVnc.gov/967/Meeting-Videos and on Orange County Gov-TV on
25 channels 1301 or 97.6 (Spectrum Cable).
26
27
28 1. Call to Order
29 Chair Price called the meeting to order at 7:00 p.m., and asked Commissioners to
30 accept a roll call.
31 Roll Call ensued.
32
33 VOTE: UNANIMOUS
34
35 2. Introduction of Laura Jensen, New Clerk to the Orange County Board of
36 Commissioners
37 Chair Price informally introduced Laura Jensen, the new Clerk to the Board. A formal
38 introduction will take place at the January 19, 2021 business meeting.
39
40 BACKGROUND:
41 Over the course of several meetings the Board of Commissioners reviewed a number of
42 applicants to fill the position of Clerk to the Board, a position reporting directly to the Board of
43 Commissioners. Upon interviewing the final candidates for the position the Board of
44 Commissioners selected Laura Jensen to fill the position and Ms. Jensen accepted the offer of
45 employment. Ms. Jensen has thirteen years of progressively responsible local government
46 experience. She has served as Interim Assistant County Manager in Person County and
47 currently serves as the Assistant Finance Director and Budget Manager.
48
49
50
51
2
1
2
3 3. Reconvene the Continued Public Hearing from the December 15, 2020 —Virtual
4 Business Meeting — Item 5-b Zoning Atlas Amendment: Master Plan Development
5 Conditional Zoning District (MPD-CZ) for Efland Station (Formerly Beaver
6 Crossing)
7
8 Chair Price reviewed the following:
9
10 BACKGROUND:
11 On August 7, 2020 a Zoning Atlas Amendment application was received proposing to rezone 2
12 parcels, further identified utilizing Orange County Parcel Identification Numbers (PIN) 9854-16-
13 1576 and 9854-36-3711. Specifically, Buc-ee's Limited is seeking to rezone 2 parcels totaling
14 approximately 104 acres to Master Plan Development Conditional Zoning (MPD-CZ) district. As
15 indicated herein, due to the size of the application, it is available electronically on the County
16 website at: https://www.orangecountync.gov/1722/Current-Interest-Projects. This was a
17 continuation of the public hearing on the application from December 15, 2020.
18
19 Chair Price reviewed that the Board of County commissioners received the Planning
20 Board/staff recommendation and opened the public hearing at the December 15th meeting. The
21 Board was asked to reconvene the continued public hearing, receive public comments, and then
22 continue the public hearing to January 12, 2021.
23
24 RECOMMENDATION(S): The Manager recommends the Board:
25 1. Reconvene the continued public hearing;
26 2. Hear from the scheduled speakers;
27 3. Continue the public hearing to January 12, 2021 at 7:00 pm; and
28 4. Remind the public that anyone may continue to provide written comments to all
29 Board members by sending an email to ocbocc@orangecountync.gov
30
31 A motion was made by Commissioner McKee, seconded by Commissioner Greene
32 to continue the public hearing from December 15, 2020 and open the floor for public comment.
33
34 Roll call ensued.
35
36 VOTE: UNANIMOUS
37
38 PUBLIC COMMENT:
39 Kaye Brown said she is a licensed contractor and horse farm owner close to the
40 proposed Buc-ee's site, and feels that the data presented in the proposal is inaccurate. She
41 said the majority of Buc-ee's business must come from the sale of a large amount gasoline.
42 She said Buc-ee's will also employ people in low wage jobs that typically have high turnover
43 rates. She said residents of Efland are not looking for these type of jobs, as most are older and
44 well educated. She said Efland is a well-established and committed community, made up of
45 many African American homeowners. She urged the Board of County Commissioners (BOCC)
46 to deny the rezoning request.
47 Melissa Marsh said she has lived in Efland for a long time, and is stunned that the
48 BOCC is even considering the Buc-ee's proposal. She said this proposal is in conflict with the
49 area plan, and urged the Board of Commissioners to deny the rezoning request, based on the
50 possible impact on the community's character due to public safety issues, environmental
3
1 effects, and quality of life. She said Buc-ee's will be a blight on the landscape and character of
2 the area, and this is a generational decision that may be the legacy of this BOCC.
3 Arthur Sprinczeles read from a news article that expressed the positive benefits in
4 communities that have Buc-ee's stores. He cited positive economic benefits to other
5 businesses in the area because of Buc-ee's.
6 Richard Ward said he is a resident and business owner on Ben Johnston Rd, and
7 expressed that gasoline powered vehicles are not the future of transportation. He said he is
8 frustrated over the review process of the plans by the Planning Department, and said the public
9 was banned from an open meeting, amongst other violations. He opposed this project and
10 urged the BOCC to listen to its constituents and vote no.
11 Rhonda Parker said she is the former director of Camp Chestnut Ridge, and this land
12 was properly zoned years ago, and specifically prohibits gas stations. She said this zoning
13 should be preserved. She said she looked at the area plan, and finds the Buc-ee's proposal to
14 be in direct conflict with it. She said the Efland community wants to stay unique and any
15 development should be in line with the character of the residents and the desire to preserve the
16 environment, as well as being sustainable for generations to come. She urged the BOCC to
17 wait for a better development opportunity.
18 Anne Shortliffe read the following comments:
19
20 Good Evening. My name is Anne Shortliffe. For the past 37 years, I have lived on Ben
21 Johnston Road, a little over a mile from the proposed Buc-ee's site. I expect change and 1
22 understand the need for development in Orange County. However, placing 120 gas handles on
23 a protected watershed is a needless development that harms the current residents and
24 businesses of our county. There are presently 20 different stations and 203 gas handles in the
25 15 miles of interstate highway between Hillsborough and Haw River. The supply is diverse and
26 stable, and the competition creates some of the lowest prices in the state. If there is no need for
27 further access to gasoline, why would we accept the increased air, water, noise and light
28 pollution created by the traffic chaos Buc-ee's would bring to our local community? Think of the
29 fumes from all the exhaust pipes as cars sit and wait for Buc-ee's traffic lights. Climate change,
30 brought on by fossil fuel consumption, has caused a substantial increase in the frequency and
31 intensity of hurricanes in our state. Ask yourself how Buc-ee's high tech storm water system
32 would handle a Hurricane Florence scale rain event. It won't. Be aware it only takes 1 gallon of
33 gasoline to poison 1 million gallons of water.
34 The market for transportation in this nation is rapidly moving to hybrid and electric
35 vehicles. Buc-ee's is part of a dying industry in a changing world. The Orange County Board of
36 Commissioners has committed to following the Paris Climate Accord and to switch to 100%
37 renewable energy by 2050. If these commitments are more than mere window dressing, you
38 simply cannot put the largest gas station in the world in our county.
39 The traffic problems created by Buc-ee's have been spelled out in many letters to the
40 Board, including one from our neighborhood that was signed by 19 residents and 11
41 businesses. If you haven't read this yet, please do. Buc-ee's 25,000 daily car trips will create
42 chaos at the merge of the 2 most dangerous highways in North Carolina. As someone who
43 uses exit 161 regularly, I can assure you it's already neither easy nor safe. Buc-ee's will make
44 this dangerous situation even worse.
45 Buc-ee's claims to pay up to $15 per hour for entry level jobs, but these are dead end
46 jobs. Buc-ee's clearly states that management positions will be filled by residents of Texas. We
47 need jobs that offer career development oriented to the future. Scrubbing toilets at Buc-ee's
48 prepares you to scrub toilets somewhere else. Forward-looking development, such as the light
49 industry, office, and retail activities that are permitted under current zoning regulations, also
50 create substantially less disruptive traffic patterns.
4
1 Finally, the current UDO specifically calls for the retention of Efland's rural character. It
2 is hard to imagine a development that is in greater contradiction of that goal than Buc-ee's. I am
3 counting on the Commissioners, to be faithful to the past promises you have made to this
4 county and your constituents.
5
6 Alison Jones said she is a life long resident of Orange County, and lives near the
7 proposed Buc-ee's site. She expressed concerns about the size of the project, as well as the
8 possible environmental impact, which has not yet been completely studied. She cited the
9 impact on the Eno River. She urged the BOCC to deny the rezoning request.
10 Tim Spruill said he is a hydrologist, and has lived in Efland over 20 years. He said the
11 current zoning specifically prevents a travel center, such as the one proposed. He said he is
12 concerned about the negative impact on the water supply, and the review process from the
13 Planning department. He said this project is irresponsible and wrong for Orange County. He
14 cited the BOCC's commitment to the Efland/Mebane area and to curbing climate change, and
15 said voting to approve would be in violation of those commitments. He urged the BOCC to keep
16 the current designation, and vote no to rezoning.
17 Megan Doherty said she is a sustainable studies student at UNC, and a resident of
18 Chapel Hill. She said she is stunned and disappointed by the proposal. She said North
19 Carolina is known for two good universities, Duke and UNC, and does not want to add Buc-ee's
20 to that list. She said the State is committed to the Paris climate accord to curb climate change,
21 and this proposal is not aligned with that commitment. She urged the Board to stand with the
22 residents expressing that the proposal be denied.
23 Asher Skeen said he lives in Carrboro, and urged the BOCC to vote no the rezoning
24 request. He discussed the poor working conditions at Buc-ee's for its employees. He said the
25 company has sociopathic numbness towards Buc-ee's employees, with shifts lasting 10 hours
26 and no true breaks. He said work life balance does not exist, there are no raises, and
27 managers bully and bash on staff members. He quoted several reviews from Buc-ee's
28 employees and asked that the proposal be denied.
29 Hope Horton said she is resident of Cheeks Township, and this proposal stands in the
30 way of the kind of development the County needs and deserves. She quoted various positions
31 that members of the Board of Commissioners have taken on economic development being in
32 line with environmental stewardship and the culture of the community. She said this proposal
33 violates many of these statements, and is not worth what Buc-ee's is asking the County to
34 sacrifice: clean water, sustainable future, quality of life, etc. She urged Commissioners to vote
35 no on the proposal.
36 Mary McLaughlin said she is a newer resident of Mebane, and moved here due to an
37 attraction to Orange County's commitment to the environment and its residents. She said she is
38 concerned that Buc-ee's focused more on the number of cars that travel through the area,
39 rather than the community and character of the area. She said it makes no sense to disrupt the
40 community and traffic patterns, for the sake of underground gas tanks. She said she uses Ben
41 Johnston Road, and the traffic changes proposed will make her ability to travel home more
42 difficult, and she will have to use the highway more to get to and from work. She urged the
43 BOCC to consider the impact to the Efland community when making its decision.
44 Bill Riley said he is a 30-year resident of Efland, and does not support the rezoning
45 request. He said he attended the Orange County Planning Board meeting in November 2020
46 on the proposal, and felt there was no discussion between the board and the applicant and that
47 public input was merely tolerated and not incorporated into the process. He said the speed of
48 the decision made him feel that the attendees' concerns were not listened to. He said the
49 BOCC should postpone any decision until neutral parties can do greater research, and the
50 experiences of other communities that have hosted Buc-ee's can be considered. He said this is
51 a decision to make substantial changes to a fragile area in a rural community.
5
1 Lamar Proctor said he is an attorney, and lives 5 miles from the site in Efland. He said
2 he did a deep dive into all pertinent County documents pertaining to this proposal, and sought to
3 give the Buc-ee's application a fair shake. He quoted a portion of the ordinance that relates to
4 the development, and said the application is very problematic regarding the ordinance,
5 especially as it pertains to water. He said the water usage cited by the Applicant is not
6 accurate. He said there are other issues as well, including traffic. He said his parcel will be
7 developed, but the County can do better. He urged the BOCC to deny the rezoning request.
8 David McDuffie said he is speaking on behalf of the Environmental Ministry Committee
9 of the Episcopal Diocese of NC, who opposes the development of Buc-ee's. He said the
10 proposal will violate the desire to protect the environment and be good stewards of God's
11 creation. He said this project will effect the water supply, damage air quality, wildlife habitat,
12 drastically increased impervious surfaces, etc. He said this project is also simply not needed,
13 as there are sufficient fueling stations in the area already. He said gasoline is not a part of the
14 future. He said he is also a resident of Orange County, and this project does not represent the
15 character of the community, and will offer short-lived economic gain at too great a cost.
16 Margret Mueller said she lives off of Mt. Willing Road, and regularly travels in the area
17 near the proposed project. She said she has enjoyed listening to the comments of others, and
18 the community is better if we listen to a wide range of voices. She said she was moved by a
19 comment made by a lifelong Efland resident in a previous meeting that expressed support for
20 the proposal. She said it caused her to consider how her position is related to her privileges,
21 and to focus on what may be a better way to develop the land, as opposed to just voicing
22 dissent to this plan. She said Buc-ee's is a regressive and shortsighted development, but she
23 does not want the BOCC to ignore Efland's cry for help. She said development is necessary,
24 and asked the BOCC to consider what type of development meets the needs of the community
25 and can be respectful. She said the BOCC is committed to moving away from fossil fuels, and
26 this project is simply not the best use of this property.
27 Tom Allison said he is a lifelong resident of Efland, and agreed with many of the
28 comments of previous speakers. He said the BOCC is the only arbiters for the Efland
29 community, and he urged the BOCC to not overlook the potential problems. He said Eno River
30 and Seven Mile Creek, both of which will be impacted by water pollutions, border the proposed
31 site. He said extra revenues from Buc-ee's will not outweigh the revenue losses to other area
32 businesses.
33 Benny Cecil said he is speaking on behalf of the Efland community, and in support of the
34 Buc-ee's development. He said Buc-ee's has complied with the regulations and will bring in $2
35 million in local revenue, including $30,000 in revenue to the Efland fire station. He said area
36 churches and business will get free advertisement due to Buc-ee's. He said he is concerned
37 that those who do not live in Efland are the ones protesting against the development. He urged
38 the BOCC to approve the rezoning request, due to the benefits to travelers and local residents.
39 Lucy Lewis said she is a lifelong Orange County resident, and opposes the rezoning
40 proposal due to the unhealthy impact to the community and the watershed. She said working
41 conditions at Buc-ee's are horrendous, and she opposes continued reliance on fossil fuels. She
42 said she stands for the kind of community in which residents want to live and work. She said
43 she supports development, but encouraged the Economic Development office to attract a better
44 proposal for this area.
45 Heather Smith said she has lived in Efland for 5 years, and expressed support for
46 existing zoning that protects both the community and environment. She said corporations with
47 no connections to the area cannot dictate a community's future. She said this type of
48 development displaces residents and renters, and existing zoning helps to protect residents
49 from predatory developments. She said the community is being quite literally gaslit by
50 development plans. She said she does not want Orange County to be collateral damage, and
51 rejects tokens like the Efland name going on the sign.
6
1 Andrea Riley said most of the arguments in favor of the Buc-ee's proposal are for
2 increased tax revenue and more jobs in the Efland area. She said the quality of the
3 employment offered is not worth it. She quoted several Buc-ee's employees frustration with the
4 employment practices, noting many of the employees are college students. She said gas
5 stations are not allowed in this area, due to the current zoning. She said Buc-ee's is sweetening
6 the deal by suggesting their presence will bring a hotel, bank and other features to the site, but
7 these are not guaranteed, and cannot be required. She said the only guarantee is that Buc-ee's
8 will be built. She said 50% of existing Buc-ee's are surrounded by open land, and no other
9 businesses. She said most Buc-ee's are in Texas, where there is a lot more land.
10 Michelle Pope said she is a resident of Efland, and supports the rezoning request. She
11 said Buc-ee's fuel tanks are double-walled, and Buc-ee's has a fuel water separator before fuel
12 and debris meet the watershed. She said current gas stations in the area are not this
13 advanced. She said the traffic impacts will not affect most of Efland, and Buc-ee's is paying for
14 traffic improvements. She said Buc-ee's will support the community and local vendors, and
15 offers multiple types of fuel and electronic vehicle charging stations. She said Buc-ee's will
16 assist in getting better internet for the area. She said there are no regulations on development
17 in a high quality water area, as long as regulations are met, and Buc-ee's has agreed to the
18 meet those regulations.
19 Lorri Drozdyk said she has lived in Northern Orange County for 29 years, and asked the
20 BOCC to deny the rezoning request. She said a gas station of this size is not needed for the
21 community, and it is inconsistent with many positions of the County. She urged the BOCC to
22 represent the County and not Buc-ee's. She said she is concerned about added traffic
23 congestion, but he greatest concern is those residents who live nearby, and the County as a
24 whole. She said Buc-ee's size is absurd, and this is not the type of business these residents
25 need. She said she has grave concerns with nearby residents with wells, and problems happen
26 even with the best design. She urged the BOCC to be good stewards of the land, community,
27 and values and oppose the rezoning.
28 Blake Tedder said he is a 17-year resident of Orange County, and lives in Hillsborough.
29 He said he is opposed to the rezoning proposal, and Buc-ee's will not help the community, and
30 compared it to South of the Border. He said fossil fuels are a bygone era, and Buc-ee's will
31 make Orange County look like hypocrites in the future when it takes any action to protect the
32 environment. He said the western doorway into Orange County will be known as the "Buc-ee's
33 exit" leading to litter and tacky advertisements on the interstate for hundreds of miles around.
34 He urged the BOCC to vote no to rezoning.
35 Barney Caton said he serves on the Hillsborough Tourism Board (HTB), and read a
36 letter from this board. He said the HTB is interested in the project and finds potential
37 opportunity. He said the HTB would like to work with Buc-ee's to attract customers to
38 Hillsborough for dining and shopping opportunities. He thanked the BOCC for its thoughtful
39 consideration of the project.
40 Ronnie Pope said he is a lifelong resident of Efland, as well as a business owner. He
41 said he is in favor of the proposed project, as it offers sustainable jobs, and is a sustainable
42 company that grew in the awful year that was 2020. He said Buc-ee's has no reported gas
43 leaks, and carefully monitors environmental impacts. He said many projects have been
44 proposed for this area over the past 20 years, but have moved on elsewhere. He said most of
45 Orange County's businesses are in Chapel Hill, and this business is willing to invest in a
46 different part of the County, and is willing to meet all necessary requirements.
47 Margo Lakin said she is opposed to the rezoning request, and quoted statements from
48 Commissioners' campaign websites about commitment to the environment. She said Buc-ee's
49 is in direct conflict to such a commitment to the environment. She said Buc-ee's monitoring
50 systems only monitor and warm, they do no prevent environmental damage, and anyone should
51 expect answers for these concerns. She highlighted several questions about how Buc-ee's will
7
1 prevent and respond to failures. She urged the Board to demand better, sustainable, and
2 intelligent development for the constituents. She said this is wonderful land, and not worthless.
3 Paul Pepin said he lives in rural Orange County near the Cane Creek Reservoir. He
4 said he has witnessed progressive actions to protect this area, and discussed previous efforts to
5 protect watersheds in Orange County. He said well owners depend on Orange County to
6 protect the water. He said the rezoning proposal is the equivalent of 10-15 gas stations in one
7 area, and even small spills by consumers add up every day. He said clean water is priceless,
8 and contamination takes years to remediate. He said the contrasts between Orange County's
9 efforts to protect water in Chapel Hill and Carrboro versus Efland is noticeable, and wondered
10 why there is such a disparity.
11 Chris Smith said his home is 350 feet away from landscaped border of the proposed
12 property for development. He said Buc-ee's is a mirage, and does not make sense
13 economically, environmentally, or aesthetically for Efland. He said he fails to see how the
14 proposal meets the desire to lessen the impact of climate change on the community. He said
15 noise, light, and visual pollution are inevitable. He showed climate change maps to the
16 Commissioners, and cited studies of how gasoline runoff affects water supply. He urged the
17 BOCC to deny the rezoning, and said costs to mitigate climate change will be on residents, not
18 Buc-ee's. He said Orange County can do better than a Buc-ee's.
19 Diana Montgomery said she has been an Efland resident since 1997, and is a science
20 educator. She said current zoning was thoughtful, and well informed by the public. She said
21 this proposal does not provide needed services, does not adhere to ideals, and does not lift
22 people up, but rather brings them down. She asked if the BOCC will provide information to the
23 Commission for the Environment, and who will investigate Buc-ee's employment practices. She
24 said Buc-ee's own application cannot be the only assessment tool. She said this gateway to
25 Orange County could be a model for sustainable development, and become an important
26 regional transit hub for the area.
27 John Preyer said he lives on Orange Grove Rd. He said he chooses to live in Orange
28 County because he loves it, as it a uniquely diverse place where all share a love for the area.
29 He said the worries about the proposal are misplaced, and would hope residents can have an
30 open mind. He said he works in environmental and permitting compliance, and learned of Buc-
31 ee's 12 years ago when working in Texas. He said he has never seen an environmentally
32 sensitive watershed located between a highway and a railroad bed. He said he visited a Buc-
33 ee's in Texas, and described the quality of Buc-ee's stores. He said he visited several locations
34 around Texas, and the reason he kept going was how consistently clean the stores were and
35 how fun it was to walk around inside of them. He said it is hard for people who have not been in
36 the store to appreciate this. (At this point the commenter's video feed stopped, and he restarted
37 his comments later in the meeting).
38 Dr. Bob Lee said he has been a Cedar Grove resident for 25 years, and asked the
39 BOCC to deny the rezoning request, due to health and safety concerns. He said water supplies
40 for Hillsborough and Raleigh could be affected. He said the elimination of the highway exit
41 could be detrimental to the community. He said improvements to the highway exit would be
42 helpful, with a true braiding design of the ramps. He said the proposed stoplights will back up
43 traffic, and make it more difficult for public safety vehicles to travel. He said the current zoning
44 allows for all that is needed, without changing it. He urged the BOCC to vote no to Buc-ee's.
45 Janine Zanin said she has lived 1.7 miles from the proposed Buc-ee's site for 15 years.
46 She said the benefits of the recent Medline project outweighed the costs, but this proposal does
47 not. She said the two sources of potential revenue are property tax and sales tax, but she
48 questions if Buc-ee's numbers are accurate. She referred to Denton, Texas, where Buc-ee's
49 did not meet its expected tax valuation. She said she does not believe this development will
50 meet property tax projections, and questions if sales tax projections are accurate. She asked
51 the BOCC to read a letter submitted by her husband.
8
1 Del Ward said he is a 26-year-old musician who has lived on Ben Johnston Road for
2 almost his entire life. He said he is absolutely baffled that Orange County is considering this
3 development. He said there are many concerns with this project, but his greatest concern is the
4 traffic projections. He said 25,000 new car trips will be added to area each day with the
5 development. He said there are concerns about safety with the increased number of cars, as
6 well as delays associated with increased cars to buses, commuters, and public safety vehicles.
7 He said Efland residents daily use the highway exit that will be closed. He expressed frustration
8 with the Planning Department's process for review of project. He said Buc-ee's will put the lives
9 of Orange County constituents at risk, and urged the BOCC to deny the rezoning request.
10 Miriam Thompson said she is an Orange County resident, and a strong supporter of
11 Voice for Efland. She urged the BOCC to pay close attention to the comments, letters, and
12 testimonies citing concerns on traffic, revenue impacts, environmental issues, developer's
13 history of workforce abuse, etc. She said community groups have ideas that more readily align
14 with County's visions and plans.
15 Nicholas Trombetta said he is opposed to the proposal by Buc-ee's, and reacted with
16 shock and horror to hear that world's largest gas station might be built in Efland. He said
17 Governor Cooper has made commitments to reduce gas emissions, and approving a gas station
18 would show that Orange County has made false promises to reduce emissions. He said Efland
19 is a small town, and this is a large-scale operation. He said Efland does not have the
20 infrastructure to support such a development. He urged the BOCC to pursue development that
21 will bring lower traffic, but greater pay.
22 Patricia Roberts said she moved to Efland in 1996, and she is really excited by the idea
23 of Buc-ee's. She said land near the interstate is where this type of development should occur,
24 so that people do not have to drive further into the countryside for these services. She said
25 Orange County is not using its interstate exits well, and Buc-ee's would be a good use of
26 interstate space.
27 John Preyer (continued comments from earlier in the evening) said people that have
28 never been to a Buc-ee's cannot understand, because there is nothing else comparable. He
29 said he wants to see Orange County's quality of life protected, but he wants to make a point to
30 his neighbors, that criticizing the quality of Buc-ee's jobs is pretty easy when one has a steady
31 job. He said these jobs would be a Godsend to folks looking for work right now. He said some
32 people might benefit from these jobs more than you might think. He said he does not work for
33 Buc-ee's, and gives his opinion voluntarily.
34
35 A motion was made by Commissioner McKee, seconded by Commissioner Hamilton to
36 continue the public hearing on this item to January 12, 2021.
37
38 Roll call ensued.
39
40 VOTE: UNANIMOUS
41
42 RECESS
43
44 A motion was made by Commissioner Fowler, seconded by Commissioner McKee to
45 recess the special meeting at 9:10 p.m., and reconvene on Tuesday, January 12, 2021 at 7:00
46 p.m.
47
48 Roll call ensued
49
50 VOTE: UNANIMOUS
51
9
1
2 CONTINUED VIRTUAL SPECIAL MEETING
3 JAN UARY 12, 2021
4 7:00 p.m.
5
6 The Orange County Board of Commissioners met for a Continued Virtual Special Meeting on
7 Tuesday, January 12, 2020 at 7:00 p.m.
8
9 COUNTY COMMISSIONERS PRESENT: Chair Renee Price, Vice Chair Jamezetta Bedford,
10 and Commissioners Amy Fowler, Jean Hamilton, Mark Dorosin, Sally Greene, and Earl
11 McKee
12 COUNTY COMMISSIONERS ABSENT: NONE
13 COUNTY ATTORNEYS PRESENT: John Roberts
14 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
15 Travis Myren, Clerk to the Board Laura Jensen, and Assistant Deputy Clerk II Allen Coleman
16 (All other staff members will be identified appropriately below.)
17
18
19 Due to current public health concerns, the Board of Commissioners is conducting a Continued
20 Virtual Special Meeting on Tuesday, January 12, 2021. Members of the Board of
21 Commissioners participated in the meeting remotely. As in prior meetings, members of the
22 public were able to view and listen to the meeting via live streaming video at
23 http://www.orangecountync.gov/967/Meeting-Videos and on Orange County Gov-TV on
24 channels 1301 or 97.6 (Spectrum Cable).
25
26
27 1. Call to Order
28 Chair Price called the meeting to order at 7:00 p.m. and asked Commissioners to accept
29 a roll call.
30 Roll Call ensued.
31
32 VOTE: UNANIMOUS
33
34 2. Reconvene the Continued Virtual Special Meeting from January 5, 2021
35 Chair Price asked for a motion reconvening the continued virtual special meeting from
36 January 5, 2021.
37
38 A motion was made by Commissioner McKee, seconded by Commissioner Fowler
39 to reconvene the special meeting from from January 5, 2020, and open the floor for public
40 comment.
41
42 Roll Call ensued.
43
44 VOTE: UNANIMOUS
45
46 3. Reconvene the Continued Public Hearing from the December 15, 2020 Virtual
47 Business Meeting and January 5, 2021 Virtual Special Meeting — Item 5-b —Zoning
48 Atlas Amendment: Master Plan Development Conditional Zoning District (MPD-CZ)
49 for Efland Station (formerly Beaver Crossing)
50
51 Chair Price reviewed the following:
10
1
2 BACKGROUND:
3 On August 7, 2020 a Zoning Atlas Amendment application was received proposing to rezone 2
4 parcels, further identified utilizing Orange County Parcel Identification Numbers (PIN) 9854-16-
5 1576 and 9854-36-3711. Specifically, Buc-ee's Limited is seeking to rezone 2 parcels totaling
6 approximately 104 acres to Master Plan Development Conditional Zoning (MPD-CZ) district. As
7 indicated herein, due to the size of the application, it is available electronically on the County
8 website at: https://www.orangecountync.gov/1722/Current-Interest-Projects. This was a
9 continuation of the public hearing on the application from December 15, 2020.
10
11 Chair Price read the following: the Board of County Commissioners (BOCC) received the
12 Planning Board/staff recommendation and opened the public hearing at the December 15t"
13 meeting. The Board continued the public hearing on January 5, 2021, received public
14 comments, and recessed the public hearing until January 12, 2021. The Board is asked to
15 reconvene the continued public hearing, receive public comments, and then close the public
16 hearing.
17
18 RECOMMENDATION(S): The Manager recommends the Board:
19 1. Reconvene the continued public hearing;
20 2. Hear from the scheduled speakers;
21 3. Close the public hearing; and
22 4. Remind the public that anyone may continue to provide written comments to all
23 Board members by sending an email to ocbocc@orangecountync.gov
24
25 A motion was made by Commissioner Bedford, seconded by Commissioner McKee
26 to reconvene the continued public hearing from December 15, 2020 and January 5, 2020 and
27 open the floor for public comment.
28
29 Roll call ensued.
30
31 VOTE: UNANIMOUS
32
33 PUBLIC COMMENT:
34 Rachel Heller said she is a 27 year resident of Orange County, and strongly opposes the
35 proposed rezoning for the Buc-ee's project. She said it offers nothing to meet community
36 needs, and would create air, water and 24/7 light and noise pollution, taking Orange County in
37 exactly the wrong direction. She said a fossil fuel based, car centric, economic model work will
38 not work, and the County must focus on a sustainable model. She said she is shocked that this
39 proposal has gotten this far. She said the BOCC adopted a resolution to transition to renewable
40 energy by 2050, and must keep this promise. She said she does not understand how the
41 County can even consider this proposal without an impact study. She said the project will use
42 so much water, and she wonders if the County will have to fight for water with Buc-ee's. She
43 said she is very concerned about the inevitable traffic complications, of which Buc-ee's has a
44 history. She said Buc-ee's also has a history of indentured servitude jobs, with very poor
45 conditions for its workers including a "moment" break. She said this seems illegal.
46 Kevin Brooks said he is the current chief of Efland Volunteer Fire Department. He said
47 the Efland Fire Department does not endorse candidates, projects, or any other issues. He
48 said, as the chief, he wrote a letter expressing his support of the Buc-ee's project, which
49 remains true. He said he wanted to address some of the things that have been said about the
50 Efland Fire Department, including the alleged acceptance of a $30,000 bribe, which is
51 absolutely horse hockey, and plain not true. He said if the Buc-ee's proceeds, the fire
11
1 department will receive revenue from the fire tax, as it does from all other businesses. He said
2 the traffic issues that will allegedly interfere with response times are also untrue. He said the
3 fire department is modern and can respond effectively. He said he cares deeply about this
4 community, and is disappointed that people are questioning his integrity. He said the fire
5 department has served its community well, and will continue to do so. He said he supports the
6 project, as it will bring development near the highway, allowing the rural areas to remain rural.
7 Hannah Adelman said if the request to rezone this site is approved, the citizens in Efland
8 will have no further voice in how the town of Efland develops, and neither will the BOCC. She
9 said Buc-ee's is not the right development for Orange County, and it will harm residents. She
10 said the potential commuter headache that Buc-ee's will cause will slow down residential
11 development. She urged the County to pursue sustainable development.
12
13 Rob Golan read the following comments:
14 Good Evening Commissioners. My name is Rob Golan and I'm a long-time Efland
15 resident who is opposed to Buc-ee's, but in favor of thoughtful growth that will benefit everyone.
16 For the last couple of months, we have all received a steady stream of information warning of
17 the negative impacts a Buc-ee's travel center could have on our community and beyond. Of
18 course, it's all about money in the end. Is Efland being seen by government as a convenient,
19 inconsequential, and compliant cash cow for all of Orange County?
20 When my property tax notice came in yesterday, I thought about how much money my
21 wife and I have put into the county till over the last 25 years. Though we're just middle class
22 folk, the total amount we have paid in taxes is considerable when added up. All Orange County
23 households that pay their property taxes deserve a big fat "thank you" for their steadfast support
24 of local government and its programs. But, those of us in Efland, despite our support of the
25 county, might instead be gifted an obscene mega gas station that will do nothing to lower
26 existing tax bills while possibly lowering our property values. We have literally invested in
27 Orange County for decades and, as concerned citizens, we request that you really listen to us,
28 your constituents, in turn. It has been argued that Buc-ee's will solve unemployment in Efland.
29 After all, $15/hr. jobs with benefits are a mighty tempting carrot for the unemployed regardless
30 of work conditions. I struggled with under-employment years ago, living in fear and under
31 constant stress. I know life on the edge only too well. People without work want work. Our
32 neighbors in need deserve a future without built-in boundaries. Let us seek responsible
33 development that will bring in jobs that won't close the door on real advancement. The
34 unemployment rate in our country is below the state average and a better future for Orange
35 County is certainly possible without Buc-ee's in our midst.
36 There has been a lot of talk about Orange County's resources lately and,
37 commissioners, I would suggest you consider one asset that remains woefully un-tapped: the
38 people of greater Efland. I have been blown away by the talent, knowledge, compassion, and
39 energy of the folks fighting Buc-ee's and its self-described "invasion" of our state. Here in
40 Efland, there is an incredible pool of potential board members, policy-makers, and, indeed,
41 future county commissioners. These people are passionate about the well being of Efland in
42 particular and our state as a whole. Orange County's governing bodies and advisory boards
43 would do well to collaborate with these remarkable citizens who have demonstrated energetic
44 and informed leadership during the present crisis. Please vote a resounding "NO" to Buc-ee's,
45 work with the people, and help bring us all a better future.
46
47 Kevin Brown said he has lived in Orange County for 27 years, and is lead IV pharmacist
48 at Duke Regional hospital. He said Orange County is a forward thinking county, and petroleum
49 based fuels are not part of the future. He said building a huge gas station near a protected
50 watershed is a remarkably bad idea. He said the Buc-ee's promise to improve the highway exit
51 is frankly rubbish. He said there will be a great increase in traffic at the highway interchanges
12
1 due to Buc-ee's, and he is concerned the federal highway commission may deny necessary
2 requests to accommodate Buc-ee's. He said previous speakers have referenced the poor
3 working conditions at Buc-ee's. He said one issue that has not been pointed out is the vulgarity
4 of the Buc-ee's mascot, a Beaver, which is a vulgar and misogynistic euphemism for a vagina.
5 He said he does not want to have to explain this to his grandchildren. He urged the BOCC to
6 vote no.
7 Matt Cartmill said he owns a small horse farm near Efland, and wants to discuss phase
8 two promises, on which Buc-ee's supporters dwell. He said there are claims of hotels, medical
9 offices, etc. He said the word gasoline is not mentioned for some time on the Efland Station
10 website, but 2/3 of Buc-ee's money is made by selling gas. He said Buc-ee's is about selling
11 gas, and phase 2 is an aspirational dream. He said he surveyed existing Buc-ee's sites using
12 Google aerial maps, and 48% of Buc-ee's have no neighbors. He said those that do have
13 neighbors, have fast food drive-thrus. He said decent development in the area does not
14 happen, because people do not want to locate next to a giant gas station. He said restaurants
15 etc., are already allowed on this land under the current zoning, but gas stations are not. He
16 urged the BOCC to vote no to rezoning.
17 Jared Cates said he is very concerned about the roughly 37 thousand gallons of fresh
18 water Buc-ee's will use daily. He said this estimate is not based on actual use, but rather typical
19 uses, and he thinks actual use will be much higher. He said 12,000 people per day will use an
20 estimated 21.6 thousand gallons of water just for flushing toilets and hand washing. He said the
21 LIDO limits Industrial water use to less than 10,000 gallons a day, which Buc-ee's will obviously
22 exceed. He said the BOCC should look closely at this issue, and wonders if there is an attempt
23 to hide the water usage. He urged the BOCC to vote no.
24 Kathy Kaufman said she serves on the Orange County climate council, and is a retired
25 Air Quality specialist with the EPA. She thanked the BOCC for asking the CFE to evaluate the
26 proposal. She asked if Buc-ee's represents what Orange County wants its future to look like.
27 She said this area serves as a public water supply for Hillsborough residents, and the usage by
28 Buc-ee's will have critical impacts. She said there are high risks of leaks and spills, runoff into
29 ground water, and high carbon emissions. She said this project will make a mockery of Orange
30 County. She said Buc-ee's jobs only pay $15 an hour, with poor working conditions, and the
31 BOCC should look at Buc-ee's record in Texas. She said there is no commitment to build
32 anything but a travel center, and asked if Buc-ee's is the best Orange County can do.
33 Jon Lorusso said he lives in Hillsborough, and wants to voice his opposition to the Buc-
34 ee's proposal. He said he spoke two months ago about his opposition to RTLP, and he has
35 similar concerns with this project. He said he understand the County needs tax dollar revenue,
36 and the impacts of the pandemic are not fully known. He said Buc-ee's is a Texas company
37 that is interested in taking money back to Texas. He said Orange County needs to think about
38 itself and invest in local business owners. He said Buc-ee's will not care about the pollution it
39 will cause in NC, but a local business owner will care about the environment, the impact to their
40 neighbors, and a sustainable economy. He urged the BOCC to vote no.
41 Kim Piracci said she serves on the Planning Board, and the Planning staff and
42 Developer did a really good job selling this project to the Planning Board, and she voted in favor
43 of the application. She said since that time, she has heard an outpouring of concerns. She said
44 at the November Planning Board meeting, the Developer stated this project was not in the upper
45 Eno critical protected watershed, which is true, but the Developer did not say this property has
46 two tributaries that empty into the 7 mile creek, which serves as a water supply for Hillsborough
47 and ultimately Raleigh. She said research shows that small spills, less than 40 gallons, do not
48 need to be reported to local agencies or the State. She said when she connects these dots,
49 multiple small spills could add up to a lot of gasoline spilling into Hillsborough drinking water.
50 She said Buc-ee's has never had a reportable fuel spill, which she now knows is not the same
13
1 thing as never having a spill. She said she wishes she could rescind her affirmative vote, and
2 urged the BOCC to vote no.
3 Geri LaPlaca said she was shocked as she read the details about this proposed project.
4 She said Buc-ee's is an ugly addition that could destroy the unique aspects of this area. She
5 said the world is at a critical time period in history, and the County must commit to reducing
6 fossil fuels. She said the light, noise, air and water pollution will have severely negative
7 impacts. She urged the BOCC to explore sound development, and vote to deny this request.
8 Carol Stanton said the Buc-ee's project goes against the Orange County commitment to
9 sustainable development. She said this tract of land is large enough to accommodate mixed
10 uses: affordable housing, shops, offices, perhaps a drive in movie theater or roller skating rink.
11 She said the Buc-ee's gas stations are huge eyesores, and do not benefit those who live in
12 Orange County. She said this land should not be sold to out of state people who are litigious,
13 with poor employment conditions. She said Buc-ee's has the "soul of a 7/11 and the footprint of
14 a Walmart". She highlighted many concerns stated by previous speakers. She said she moved
15 to Efland 20 years ago, and she hopes to live out her life here without seeing a Buc-ee's from
16 Texas. She urged the BOCC to please vote no.
17 Edna Tan's daughter spoke against the Buc-ee's development, saying it is a bad idea to
18 have Buc-ee's, as it will be bad for humans and animals. She said animals play a big role. She
19 said she and her siblings visit their aunt and uncle every year in Efland to study salamanders:
20 counting egg nests, and observing salamanders in their natural habitat. She said she and her
21 siblings get to hold the adult salamanders and learn about their skin, and can only use their
22 eyes at a museum. Her brother said children need to experience animals in their natural
23 habitats, and salamanders are very important to an ecosystem, and to humans as pest control.
24 He said salamanders are beautiful creatures, at risk of extinction. He said humans are not the
25 only species on this earth, and we are charged to respect our environment. He urged the
26 BOCC to protect the environment, children's opportunities to learn, and to please vote no to 120
27 gas stations.
28 Erica Cartmill thanked the BOCC for listening to all comments. She urged the BOCC to
29 vote no to the rezoning proposal. She said the area around the Seven Mile creek serves as an
30 animal corridor. She said her family's farmland backs up to the site, and it feels like paradise.
31 She said she sees animals like salamanders and owls, which are disappearing at fast rates.
32 She said the creek is a lifeline for species. She said the Commission for the Environment voted
33 no on this project, and the risks of this project are too great. She highlighted several of these
34 risks, and urged the BOCC to find more creative and sustainable possibilities for the site.
35 Linda Smith said she is a new resident of Orange County, and moved here for the rural
36 environment, pasture land, and the beautiful night sky. She said she and her husband plan to
37 keep a small footprint on this environment. She said pollution is an insidious thing, and it easy
38 to miss its harmful changes, until it is too late. She said Buc-ee's will cause damage:
39 contamination, light pollution, sleazy images around the Beaver logo, density of automobiles,
40 and loss of lovely grassland and trees in the Mt Willing Rd area. She said traffic congestion will
41 increase in the already hazardous interstate area. She urged the BOCC to keep Buc-ee's in
42 Texas, and vote no on the rezoning request.
43 Christine Peckman said she has lived in Efland for 20 years, and 5-6 days a week she
44 visits the post office, buys animal feed in Efland, goes to Missy's for milk shakes, and other local
45 businesses. She said the Efland shopping market is more of a convenience store, and a full
46 grocery store would be wonderful. She said she is invested in Efland, and is not anti-growth.
47 She said Buc-ee's would literally be adjacent to the town, which has the potential to be a quaint
48 vibrant town. She asked if the BOCC would want to live next to such an unpleasant
49 development. She said Buc-ee's will increase crime rate, and become a haven for drug and sex
50 trafficking. She said it will be hard to limit parked tractor-trailers, and responsibility to enforce
51 will fall to local law enforcement. She said if the BOCC chooses to rezone, it will throw the
14
1 residents under the bus. She said revenue can be generated by other businesses, and she
2 argued that this project would never be contemplated if it were being proposed at a Chapel Hill
3 or Hillsborough exit. She said the residents would not stand for it. She said there are many
4 commercial opportunities to benefit Efland, but this is not one of them.
5 Hope Thompson said she is a resident of Chapel Hill, studying Environmental Health at
6 graduate school at UNC. She said she has lived in Durham and Orange counties her entire life.
7 She said she is opposed to this rezoning request, and urged the BOCC to deny it. She said the
8 health and environmental implications have been understated, and will prove harmful to the
9 surrounding residents of Efland.
10
11 Bonnie Hauser read the following comments:
12 Good evening commissioners. Thank you for hearing the voices who know and care
13 about Efland. I'm Bonnie Hauser. I sit on the boards of Orange County Schools and United
14 Voice of Efland. Tonight, I am speaking for myself. I have been involved with the Efland
15 community for a long time and join the community in its support for the rezoning proposal for
16 Efland Station.
17 Efland Station advances plans that community leaders and county planners have been
18 working on for a long time. Those plans established this site as industrial because it sits
19 between a busy interstate and an active rail line. Your board invested $4 million to bring sewer
20 service to the site in order to attract businesses just like this. According to your planners, the
21 project complies with county's strict lighting and noise ordinances, and exceeds your
22 requirements for impervious surface and stormwater management. I'm not a hydrologist, but it
23 appears that the project adds controls that will be better for the watersheds than doing nothing
24 at all.
25 Planners never imagined a large travel center on this site. That's why you are being
26 asked to consider this new use and whether it works with the intent of the planners and your
27 investments. I believe it does. But there are questions. You will need to resolve conflicting
28 information that you are getting about hydrology and risk. There's also the strategic question.
29 How does Buc-ee's plan to transition as cars eventually move away from fossil fuels? They are
30 already planning 10 EV charging stations. Certainly they can't sell gas if no one is buying it.
31 How many people in our County are already working as cashiers or custodians but not
32 being paid a living wage? Please appreciate that opportunities like this don't come to Efland.
33 Buc-ee's wants to invest$50 million in this small community. The project is estimated to
34 generate over$1 million a year in local taxes, of which $350,000 will flow directly to our schools.
35 That's in addition to nearly 200 living wage jobs in a small community that hosts two Title 1
36 schools. Buc-ee's has done everything you've asked and is not asking for any incentives. This is
37 a big deal and the Efland community deserves their shot. Please approve this rezoning. Thank
38 you.
39
40 Jessica Sheffield said she is the Executive Director of the Eno River Association (ERA),
41 which is opposed to the proposal in front of the BOCC that would allow for damaging impacts to
42 Seven Mile Creek. She said the development would threaten what the State has already found
43 to be a sensitive water way. She said Orange County must be careful what it allows to be built
44 on this land. She said ERA is not anti-development, and seeks good development that
45 preserves the environment. She said she has spoken to the developer and engineers involved
46 with the project, who hoped she would support the project, but she cannot do so in good
47 conscience. She said she must speak up for the neighbors, and to maintain the wild and open
48 spaces to be resilient to climate change. She said ERA is concerned about sediment and heavy
49 metals, which will be deposited. She said this project will not improve the community, and
50 should not be permitted. She urged the BOCC to vote no.
15
1 Laura Streitfeld said she is the Executive Director of Preserve Rural Orange, a
2 grassroots nonprofit dedicated to sharing vital information about plans that would have a
3 negative impact on rural communities. She said the organization brings citizens and leaders
4 together to shape outcomes that protect the environment and citizen health. She read the
5 following comments:
6
7 First, welcome to new Board members Hamilton and Fowler and to the new Board Chair
8 and Vice Chair, Commissioners Price and Bedford. We're looking forward to your leadership
9 and vision in charting Orange County's future and upholding the public interest. Preserve Rural
10 Orange stands with communities opposing rezoning for the proposed Efland Station, a 140-acre
11 project that would store a quarter of a million gallons of gas underground in the Upper Eno
12 Protected Watershed. I'm asking you tonight to reject this project in its entirety. The developer's
13 Environmental Assessment (EA) raises more questions than it answers. It is unclear how
14 Planning staff concluded the project is in the public interest when there are significant questions
15 about threats to existing local businesses and residences, pollution, stormwater runoff,
16 groundwater contamination, massive water use, traffic and light pollution. Despite the project's
17 incompatibility with surrounding land uses and a long list of potential negative impacts, the
18 Developer's EA claims a Finding Of No Significant Impact. If this board does consider approving
19 any part of this project, we ask you first to require an Environmental Impact Statement (EIS).
20 More comprehensive than an EA, an EIS would require exploring in detail all alternatives to this
21 project, including the option of not developing the property at all, as well as examining the
22 secondary and cumulative impacts into the future. And if you consider approving this project,
23 know that the Master Plan Conditional Zoning would benefit the developer to the detriment of
24 Orange County citizens. A blanket, expedited approval process removes key safeguards
25 needed to protect communities from damaging impacts. The developer's application grossly
26 understates direct, secondary and cumulative impacts likely to occur, and we urge each of you
27 to deny the rezoning request and reject the proposed Buc-ee's travel center.
28 Please consider adding the following actions to the Board's agenda this winter: 1.
29 Increase and strengthen limits on development in the protected watershed in Orange County's
30 UDO. 2. Take this opportunity to review how environmental assessments reach a Finding Of No
31 Significant Impact. 3. For projects applying for zoning changes or special use permits, widen the
32 notification area from 1,000 feet to either township-wide or within a two-mile radius, to include
33 affected neighbors in rural communities. Fortunately, Efland citizens have gathered information
34 in record time to respond to this alarming proposal that would irreparably transform their
35 community. In a series of recent development decisions, we've heard that it's too late to stop
36 plans and that lessons learned will prevent similar mistaken approvals in the future. Please stop
37 this project before it starts. The proposed Buc-ee's travel center is out of step with Orange
38 County's commitment to sustainability and goal to reduce fossil fuel use. Thank you for taking
39 the time to allow for full public input before making this important decision.
40
41 Laura Doherty said she is opposed to the rezoning request on environmental grounds.
42 She said the Sierra Club Executive committee has submitted comments. She said the
43 Committee is opposed to the travel station, as it does not reflect values of community. She said
44 the project would be detrimental to water and air quality. She said 240,000 gallons of gasoline
45 will be stored underground, on top of the drinking water aquifer. She said there will be increase
46 sedimentation on Seven Mile Creek. She said Orange County already has air quality issues,
47 due to gasoline emissions, and the travel station would only make this worse. She said the
48 County must move to renewable energy, not gasoline, when there is a climate crisis.
49 Margaret McAdoo said she is a community advocate in Efland. She said she grew up in
50 Efland, but moved away after graduation, as there were no jobs for people who looked like her.
51 She said Efland has digressed instead of progressed. She said Efland was once a thriving
16
1 community, but it has faded over the years. She said she supports the Buc-ee's travel station
2 because of their outlook for the community, fire station, and will bring money for schools, which
3 is a blessing. She said money is not flowing in and out of Orange County, and there has been a
4 lot of misinformation. She said many who have spoken do not live in Efland, and do not know
5 the realities of the need. She said she served on the Efland small area committee, and every
6 time a builder would come in with a plan, it was rejected. She said there must be young people
7 living in Orange County for it to grow. She urged the BOCC to please vote yes to the rezoning
8 request.
9 Avra Janz said she wants to express concerns for how this gas station will contribute to
10 climate crisis. She said Buc-ee's will lock the County into a dangerous status quo. She
11 highlighted several examples of the impacts of climate change such as Hurricane Florence and
12 hotter summers, which will harm farmers and reduce produce. She said Orange County
13 residents deserve better, and Buc-ee's represents the precise opposite of what Orange County
14 needs. She said to build the largest gas station in the world in the midst of a climate crisis will
15 have grave consequences, and would make Orange County complicit in harmful climate
16 change. She urged the BOCC to vote no.
17 Amelia Brady said she is a resident of Hillsborough. She said she is a young person
18 facing a future of decimated natural resources, water resources, and the sixth mass extinction.
19 She urged the BOCC to set the County on the side of the environment, by denying the zoning
20 request. She said a behemoth gas station is not a valid choice for the County, whose future will
21 be snuffed out if this gas station is allowed to poison it. She echoed previous comments about
22 Buc-ee's as pertains to poor employment, traffic issues, and vulgar billboards. She asked the
23 BOCC to strive for better than meager crumbs and to prevent this terrible stain by voting no.
24 She said Orange County is better than this and deserves so much more than this.
25 Amy Halberstadt thanked the BOCC for listening so well, and reiterated the concerns
26 raised by previous speakers. She said when the use of gas goes down, Buc-ee's will go down
27 with it, despite claims of having 10 electric opportunities for cars. She said Orange County will
28 end up with the blighted land, damaged water, no jobs and no money. She said she knows, and
29 agrees, that the County needs revenue, and are jobs for her neighbors. She said there is an
30 argument that other development may be even worse than Buc-ee's, and another company
31 could come in with more impervious services and more light pollution. She sees this as the
32 wrong way to look at this, and would rather focus on what this land could be from a positive
33 lens. She urged the Board to vote no on Buc-ee's and rather rezone the land MPD-CZ.
34 Terra Proctor said she has lived in Efland her whole life, and sees Buc-ee's as a place
35 that will destroy the environment. She said her family lives on well water, which could be
36 polluted by Buc-ee's. She said the traffic will get worse, and she does not want the place she
37 live in to be known for a gas station that sells plastic trash. She said Buc-ee's will not help the
38 people or the environment, and will just be a pit stop, for filling cars and going to the bathroom.
39 She said she does not want Efland to be known for this.
40 Holly Reid said she lives in Hillsborough, serves on the board of the Eno River
41 Association, and previously worked for the EPA. She said she submitted a letter to the BOCC
42 on December 15, and highlighted key points. She said Buc-ee's will be no ordinary
43 development, and is a massive gas stop, with thousands of hourly stops. She said such a
44 project invites air quality degradation, noise and traffic issues, and sewage disposal. She
45 referred to the 2030 comprehensive plan, chapter 2 principles, which represent the Board's
46 values. She said Buc-ee's violates at least 3 of the 8 principles: #3 encourage energy
47 efficiency and lower energy consumption, and renewable energy; #6 protection of water
48 resources; and #8 preservation of community character. She said Buc-ee's does not Orange
49 County's principles, and would have the biggest carbon footprint in the County. She said
50 Orange is a forward thinking place, and Efland Station does not fit.
17
1 Tehila Rosenblatt implored the BOCC to vote no. She said she lives in rural
2 Hillsborough, and does not want this eyesore where she lives and works. She said she does
3 not want the area to be reduced to a pit stop. She said she does not want to worry about her
4 well water, and sitting in congested traffic. She said she wants to continue loving to living here.
5 She urged the BOCC to think of the future, and to use the land for the betterment of the County
6 and State.
7 Brooke Bauman said she is a resident of Chapel Hill, and urged the Board to deny
8 rezoning request. She said she grew up in the Triangle and visited biodynamic farms in Cedar
9 Grove as a child. She said Buc-ee's will create an eternal traffic jam and damage the
10 environment. She said North Carolina has a very different climate and land than Texas. She
11 said unlike the travel centers in Texas, Buc-ee's Efland Station will be surrounded by residents
12 who do not want to live next to large travel center. She said $15 an hour is not a reasonable
13 living wage. She said if Buc-ee's built on a protected watershed, and pays poor wages, Orange
14 County cannot be proud.
15 Carol Staton said she lives 4 miles from the proposed Buc-ee's site, and is opposed to
16 the rezoning being approved by the BOCC. She said exit 160 is not a problem, and does not
17 need to be improved. She said exit 161 is a more dangerous ramp and is likely to cause greater
18 problems if Buc-ee's is allowed to proceed. She said trucks will fill up the short exit ramp. She
19 said Buc-ee's has gone too far to pull the wool over the County's eyes. She said it has
20 contested the property value. She highlighted all previous environmental concerns, and said
21 she supports developing the land, but urged the BOCC to wait for a better offer. She said the
22 land has been available for 30 years, but the infrastructure necessary to attract business is fairly
23 new, and she is certain a better development project can be found.
24 Lindsley Bowen said she is against the proposed Buc-ee's project. She said she is a
25 business owner in downtown Hillsborough, and believes Buc-ee's will route people out of
26 downtown Hillsborough.
27 Victoria Casey thanked the BOCC for its service. She showed the BOCC the fresh,
28 clean water from her well. She said she lives within 1 mile of the proposed Buc-ee's site, and
29 fears her water will be contaminated. She improved the Board to look closely and to do the right
30 thing. She said she lives on Ben Johnston Rd, and it is a little piece of heaven. She said she is
31 a nurse working with seniors in their homes, and sometimes has to get to their homes quickly.
32 She is concerned potential traffic changes will impact her work. She said democracy will only
33 work if elected officials have integrity. She said Buc-ee's is like the coronavirus, and the BOCC
34 is elected to protect the community from it.
35
36 Emily Sutton read the following comments:
37 1 am the Haw Riverkeeper with Haw River Assembly. I don't live in Efland. I don't work in
38 the Eno River watershed. But I care about my friends and neighbors that live here. However,
39 this project would likely have far reaching impacts to the region, including the Haw River
40 watershed. There are reasons that Orange County has strict zoning, and it has had significant
41 benefits including watershed protection, land conservation, and open spaces. People want to
42 live here.
43 By allowing an exception of this scale, with such a blatant disregard for zoning, this
44 Board is inviting other similar projects to request more variances and zoning exceptions. This
45 project poses to store 6 underground storage tanks, holding 240,000 gallons in fractured shale
46 and bedrock. This is being proposed on the heels of one of the largest underground storage
47 tank spills in a decade in Huntersville, NC. Colonial pipeline was required to excavate
48 contaminated soil after 354,060 gallons of gasoline leaked from an underground fuel line.
49 Firefighting foam, a forever chemical known to cause cancers and long term health risks when it
50 contaminates drinking water supplies, was used to limit flammable vapors. Since the
51 Underground Storage Tank program began in 1988, there has been nearly 33,000 reports.
18
1 These incidents happen regularly. Even in the last decade, with improved monitoring and
2 enforcement, there has still been an average of nearly 70 per month across the state. With a
3 project of this scale, it will not be a question of if there will be an incident, but when.
4 When a leak occurs, Orange County will spend resources on enforcement and staff, but
5 it will also have jeopardized the health of thousands of residents through groundwater
6 contamination. Contamination could also include AFFF or firefighting foams, which have proved
7 to be impossible to remove from groundwater and can only successfully be filtered out through
8 costly reverse osmosis treatments. Unfortunately, there are several examples in our state to
9 demonstrate how difficult it is to sell property with contaminated wells. With 70 acres of
10 impervious surface, stormwater runoff will be a significant issue. Not only will volume, velocity,
11 and warmer temperatures have detrimental impacts on the surrounding streams and aquatic
12 life, but that stormwater will carry toxins from leaking gasoline and surfactants from the car
13 washing stations.
14 Lastly, I'd like to remind the board of the environmental injustice issues this project
15 would pose. This area of Efland is on the cross sections of two census blocks. In one block,
16 approximately 51% of the population is a minority, in the other, 66%. This is a majority minority
17 community. In terms of income, one block is classified as approximately 56% low-income. This
18 same community has already been burdened by 3 other underground storage tank incidents,
19 possibly contaminating their water supply and health. The project threatens the health of the
20 surrounding communities and the environment, and should not be approved.
21
22 Avery Gall said she is opposed to the Buc-ee's Efland station. She reiterated concerns
23 raised by previous speakers. She said this station will pollute Orange County water and air, and
24 opposed Orange County's own stated values. She urged the Board to find more sustainable
25 options, and please vote no.
26 Mindi Ramsey said she is a medical professional, mother of 2, and lives less than a mile
27 from proposed development. She said the project will offer a short term gain at the cost of long
28 term losses. She raised environmental concerns, and said he only way to guarantee the water
29 supply is to not put anything in it. She bring Buc-ee's here violates commitments made by
30 Orange County, and will cause integrity into questions. She said she is also concerned about
31 the reduction of resident control and voice, should the zoning be changed. She said this is a
32 Texas based company that has no interest in supporting NC. She said she is also concerned
33 about traffic. She said she is a proponent of development, but Buc-ee's is not the answer. She
34 urged the BOCC to vote no to rezoning.
35 Amelia Covington said she is a field organizer with Climate Action NC, and is speaking
36 in opposition to the rezoning request. She said if Orange County is committed to fighting
37 climate catastrophe, it needs to transition from fossil fuels, and this is a proposal of the past.
38 She said there would be immediate environmental implications of this gas station, due to
39 placement near Eno watershed. She said the cost to local habitats and communities is not
40 worth it, and urged the BOCC to Listen to the concerns of nearby residents.
41 Kim Tesoro said there is an extremely limited job base in Efland, and the opportunity to
42 be employed locally at $15/hour, with benefits, is life changing. She said it is an opportunity to
43 earn an Orange County living wage, and the County should hold these jobs as important. She
44 said the Efland Station project includes 5 charging stations and a comfortable area to wait. She
45 said Buc-ee's has built a strong following around its brand, and is known as a clean family
46 oriented place to stop. She said Buc-ee's offers the opportunity to present local artisans on its
47 shelves, encourages overnight visitors, and is exactly the opportunity the Chamber of
48 Commerce seeks. She said the existing laws and restrictions will address all previously
49 mentioned concerns, and she urged the BOCC to vote yes to the rezoning request.
50 James McAdoo II said he is a lifelong resident of Efland, and his family has had land
51 here for over 100 years. He said he raised a family here, and Efland has not changed in 48
19
1 years. He said Buc-ee's will be a welcome change. He said he has served as volunteer
2 fireman and EMS, and commutes 20 minutes to work each day. He said there are not a lot of
3 jobs in Efland that pay $15 an hour, and Buc-ee's is the kind of change needed for this area. He
4 urged the BOCC to vote yes to the rezoning request.
5 Alexandra Griffin related a story a medical emergency that her daughter experienced;
6 when emergency personnel took a long time get to her house in Efland. She said this
7 happened 27 years ago, and can only imagine how much worse a similar situation would be
8 now if Buc-ee's were developed. She said the land around her is beautiful, it renews her, and
9 must be protected. She said she has autism, and cannot provide another home for herself.
10 She urged the BOCC to vote no.
11 Nelson Campbell said he understands the need to generate tax revenue and to create
12 jobs. He said he is the founder of two organizations locally: Plant Pure and Plant Pure
13 Communities. He said he is an entrepreneur, and understands the economic power from the
14 creation of dynamic new businesses. He said there are so many ideas for this land that would
15 create far greater long-term economic impact, and the County can do much better than Buc-
16 ee's. He said Buc-ee's is a horrible idea for economic development, and it makes no sense. He
17 said the community is overwhelmingly against the proposal. He urged the BOCC to think
18 strategically, and to vote no to Buc-ee's
19 Kenneth Woods said any development project has pluses and minuses, and is important
20 to consider which ones carry the most weight. He asked if there will be anything better for
21 Northern Orange. He said other projects have been rejected, and have gone to neighboring
22 counties, forcing residents to leave the County and spend money elsewhere. He said Walmart
23 pays less than $15 an hour, and no one is trying to run Walmart out. He said people are
24 concerned about well water, but most residents drink bottled water. He said Orange County
25 revenues rely heavily on property taxes, and Orange County taxes are higher than many other
26 counties in the State. He said Buc-ee's will even out the taxes, and urged the BOCC to vote
27 yes to the rezoning request.
28
29 Chair Price said staff has several other speakers waiting, but the identities of the
30 speakers are unknown. She asked if the BOCC wants to afford these speakers the opportunity
31 to talk. She said she is inclined to deny the speakers based on the lack of identification.
32 Commissioner McKee concurred with Chair Price, and said the BOCC was clear on the
33 requirement to sign up to speak.
34 The Board agreed by consensus.
35
36
37 4. Close the Public Hearing for Item 5-b from the December 15, 2020 Business
38 Meeting and authorize the acceptance of written comment(s) via e-mail to the
39 Board at ocbocc@orangecountync.gov or by delivery to the Planning
40 Department's office at 131 West Margaret Lane, 2nd floor, Hillsborough, North
41 Carolina 27278, until 9:00 a.m. on Thursday, January 14, 2021
42
43 A motion was made by Commissioner Dorosin, seconded by Commissioner Greene to
44 close the public hearing for Item 5-b from the December 15, 2020 Business Meeting and
45 authorize the acceptance of written comment(s) via e-mail to the Board at
46 ocbocc@orangecountync.gov or by delivery to the Planning Department's office at 131 West
47 Margaret Lane, 2nd floor, Hillsborough, North Carolina 27278, until 9:00 a.m. on Thursday,
48 January 14, 2021.
49
50 Roll Call ensued.
51
20
1 VOTE: UNANIMOUS
2
3 5. Adjourn the Virtual Special Meeting
4
5 A motion was made by Commissioner McKee, seconded by Commissioner Hamilton
6 to close the public hearing at 9:13 p.m.
7
8 Roll Call ensued.
9
10 VOTE: UNANIMOUS
11
12
13
14 Renee Price, Chair
15
16 Laura Jensen
17 Clerk to the Board
Attachment 2
1
1 MINUTES
2 ORANGE COUNTY
3 BOARD OF COMMISSIONERS
4 VIRTUAL BUSINESS MEETING
5 JANUARY 19, 2021
6 7:00 p.m.
7
8 The Orange County Board of Commissioners met for a Virtual Special Meeting on Tuesday,
9 January 19, 2021 at 7:00 p.m.
10
11 COUNTY COMMISSIONERS PRESENT: Chair Renee Price, Vice Chair Jamezetta Bedford,
12 and Commissioners Amy Fowler, Jean Hamilton, Mark Dorosin, Sally Greene, and Earl
13 McKee
14 COUNTY COMMISSIONERS ABSENT: NONE
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
17 Travis Myren, and Clerk to the Board Laura Jensen. (All other staff members will be identified
18 appropriately below)
19
20 Chair Price called the meeting to order at 7:00 p.m.
21 Chair Price said Governor Cooper declared today as a day of remembrance of those
22 that have died due to Covid-19, and the County will join the State by keeping the lights on this
23 evening.
24 Chair Price introduced Laura Jensen, the new Clerk to the Board.
25 Bonnie Hammersley read a biography for Laura Jensen, and welcomed her to Orange
26 County.
27 Laura Jensen expressed excitement for this new opportunity.
28
29 Roll call ensued; all members were present.
30
31 Due to current public health concerns, the Board of Commissioners (BOCC) is conducting a
32 Virtual Business Meeting on Tuesday, January 19, 2021. Members of the Board of
33 Commissioners participated in the meeting remotely. As in prior meetings, members of the
34 public were able to view and listen to the meeting via live streaming video at
35 http://www.orangecountync.gov/967/Meeting-Videos and on Orange County Gov-TV on
36 channels 1301 or 97.6 (Spectrum Cable).
37
38 In this new virtual process, there are two methods for public comment.
39 • Written submittals by email
40 • Speaking during the virtual meeting
41
42 Detailed public comment instructions for each method are provided at the bottom of this
43 agenda. (Pre-registration is required.)
44
45 1. Additions or Changes to the Agenda
46 None.
47 Chair Price dispensed with the reading of the public charge.
48
49 Public Charge: The Board of Commissioners pledges its respect to all present. The Board asks
50 those attending this meeting to conduct themselves in a respectful, courteous manner toward
2
1 each other, county staff and the commissioners. At any time should a member of the Board or
2 the public fail to observe this charge, the Chair will take steps to restore order and decorum.
3 Should it become impossible to restore order and continue the meeting, the Chair will recess
4 the meeting until such time that a genuine commitment to this public charge is observed. The
5 BOCC asks that all electronic devices such as cell phones, pagers, and computers should
6 please be turned off or set to silent/vibrate. Please be kind to everyone.
7
8 Arts Moment— No Arts Moment was available for this meeting.
9
10
11 2. Public Comments
12
13 a. Matters not on the Printed Agenda
14 NONE
15
16 b. Matters on the Printed Agenda
17 (These matters will be considered when the Board addresses that item on the agenda below.)
18
19 3. Announcements, Petitions and Comments by Board Members
20 Commissioner McKee recognized the Health Department and Emergency Services
21 workers for their administration of the vaccine and COVID testing. He shared his experience
22 taking his parent to get the vaccine, and said he and his wife will be getting their vaccines soon.
23 He encouraged the public to keep trying to get appointments. He thanked all who are working
24 on these efforts.
25 Commissioner Fowler said she attended a small business loan committee/program,
26 which will be dissolved as a private non-profit, and rather will be a fully County run program.
27 She said all small businesses with outstanding loans were reviewed, and some were given no
28 interest loans, or extensions. She said due to this change, the BOCC will need to approve her
29 election to the new small business loan committee, in its new form. She said she observed the
30 North Carolina Association of County Commissioners (NCACC) legislative conference, which
31 was a useful experience in understanding how counties advocate at the state level. She said
32 each county gets one vote, regardless of population. She said goals related to environment,
33 federal, safety, education, etc. were considered. She echoed Commissioner McKee's
34 appreciation for the vaccination effort. She said it is going well, and gave credit to staff.
35 Commissioner Bedford said she had no comments.
36 Commissioner Greene said it was her first experience at the NCACC legislative goals
37 conference, which was very enlightening. She said many of Orange County's goals were
38 adopted, and some were not. She highlighted a goal that was raised to ensure state funding
39 follows every student, even if the student returns to home school from charter. She said
40 currently if a student moves back, the funding stays at the Charter School. Commissioner
41 Greene requested more information, and was told the issue is not legal, but logistical. She said
42 she shared that Orange County refills that bucket when the money walks away, and would have
43 an interest in addressing this. She suggested bringing it up again in the future.
44 Commissioner Dorosin said he had no comments.
45 Commissioners Hamilton said she had no comments.
46 Chair Price said the Health Department is really working hard to overcome the obstacles
47 getting everyone vaccinated. She asked for the public's patience, and said staff is thinking of
48 innovative ways to get everyone vaccinated as quickly as possible. She encouraged the public
49 to call with concerns, so that staff can try to solve issues.
50
51
3
1 4. Proclamations/ Resolutions/Special Presentations
2
3 a. Proclamation Recognizing and Expressing Appreciation to Cordelia Heaney
4 The Board considered voting to approve a proclamation recognizing and expressing
5 appreciation to Cordelia Heaney for her devotion and service to the people of Orange County
6 during her tenure as executive director of the Compass Center and authorize the Chair to sign.
7 Commissioner Greene reviewed the background information below, and recognized two
8 members of the Compass Center, Chair of the Board of Directors Gillian Hare, and Associate
9 Director Susan Friedman, and then read the resolution:
10
11 BACKGROUND:
12 After approximately 5 years of service to the Compass Center for Women and Children in
13 Orange County, Cordelia Heaney is stepping down as the Executive Director. Ms. Heaney has
14 served the Compass Center and the residents of Orange County providing support for victims of
15 domestic violence with temporary housing, crisis counseling, safety planning, support groups,
16 and the Triangle community with career and financial education and legal resources.
17 Ms. Heaney is leaving the Compass Center on January 31, 2021 for a new professional
18 opportunity in New Orleans.
19
20 ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION
21
22 RECOGNIZING AND EXPRESSING APPRECIATION TO CORDELIA HEANEY
23
24 WHEREAS, the Compass Center for Women and Families in Orange County supports
25 victims of domestic violence with temporary housing, crisis counseling, safety planning,
26 support groups, and the Triangle community with career and financial education, legal
27 resources, and more; and
28
29 WHEREAS, Cordelia Heaney joined the Compass Center as Executive Director in 2015; and
30
31 WHEREAS, under Ms. Heaney's leadership, the Compass Center has changed lives by
32 helping people navigate their journey to health, self-respect, and safety, empowering
33 them and their families to lead productive lives; and
34
35 WHEREAS, Ms. Heaney has promoted equal access to the services of the Center
36 regardless of gender, gender identity, or economic status; and
37
38 WHEREAS, Ms. Heaney grew the Center's revenue from approximately $700,000 to
39 almost $2 million; and
40
41 WHEREAS, Ms. Heaney has grown the organization to include its first Black African
42 American Communities Services Coordinator, a support group coordinator for the Latinx
43 Program, a full-time communications professional, a finance coordinator, and part-time
44 positons in economic advocacy and enhanced services; and
45
46 WHEREAS, Ms. Heaney directed a major fundraising campaign to establish the Safe
47 Homes, New Lives program, a sustainable program for emergency shelter, restoring a
48 critical function that had been missing in the community for thirty years; and
49
50 WHEREAS, this program will consist of six apartments in Orange County to serve as
51 temporary housing for up to 150 survivors of domestic violence a year, with a crisis
4
1 housing coordinator on staff to coordinate and facilitate the work; and
2
3 WHEREAS, even given the difficult circumstances of the pandemic, the program has
4 opened its first apartment, and it has reached its $675,000 goal for the first three
5 apartments and is working toward the fourth; and
6
7 WHEREAS, the rationale for this "scattered housing" approach is based on extensive
8 research conducted at Ms. Heaney's behest by Professor Rebecca Macy and a team
9 from the UNC School of Social Work; and
10
11 WHEREAS, the "scattered housing" approach shares overlapping goals with Orange
12 County's practice of"rapid rehousing" for people experiencing homelessness, and Ms.
13 Heaney has worked in collaboration with the Partnership to End Homelessness on the
14 issue of housing; and
15
16 WHEREAS, Ms. Heaney is leaving the Compass Center on January 31, 2021 to return
17 to New Orleans for a new professional opportunity;
18
19 NOW THEREFORE we, the Orange County Board of Commissioners, do hereby
20 recognize and express deep appreciation, gratitude, and respect for Cordelia Heaney for her
21 dedicated leadership and her service to the people of Orange County, and we wish her all the
22 best in her future endeavors.
23
24 This the 19th day of January, 2021.
25
26 Renee Price, Chair
27 Orange County Board of Commissioners
28
29 A motion was made by Commissioner Greene, seconded by Commissioner Bedford to
30 approve the Proclamation recognizing and expressing appreciation to Cordelia Heaney for her
31 service to the people of Orange County and wishing her well in her future endeavors, and
32 authorize the Chair to sign the proclamation.
33
34 Roll call ensued
35
36 VOTE: UNANIMOUS
37
38 Cordelia Haney expressed gratitude for the County's support in moving towards
39 economic equity and reduction in domestic violence. She said she hoped for continued support
40 for Gillian Hare and Susan Friedman, during the transition. She said she is so proud of the
41 work that has been done, and thanked the County for the honor.
42 Gillian Hare expressed her appreciation for Cordelia Heaney, and all of her
43 accomplishments. She said Cordelia Heaney believes in an empowerment model and array of
44 services. She said she will be greatly missed, and she is so proud of the work that has been
45 done. She thanked the County Commissioners for providing this honor.
46 Susan Friedman said she is very grateful for getting to work with Cordelia Haney. She
47 said the progress made is amazing, and especially highlighting gender based violence. She
48 said the work is not done, and the Compass Center will continue striving in its efforts. She
49 thanked the County for honoring Cordelia Haney.
50 Chair Price echoed the comments above, and wished Cordelia Haney well.
51
5
1 b. Proclamation Honoring Dr. Kizzmekia Corbett
2 The Board considered voting to approve a proclamation honoring Dr. Kizzmekia Corbett
3 for her role in the development of a vaccine to address the COVID-19 pandemic and authorize
4 the Chair to sign.
5 Chair Price introduced the item, and read the resolution:
6
7 BACKGROUND: Kizzmekia S. Corbett, PhD, is currently a research fellow in the Viral
8 Pathogenesis Laboratory at the National Institutes of Health [NIH], National Institute of Allergy
9 and Infectious Diseases [NIAID], Vaccine Research Center.
10
11 Dr. Corbett grew up in the Cedar Grove community of Orange County, North Carolina, and
12 attended Orange County Schools during which time she spent two summers in the Project
13 SEED Summer Intern program at the University of North Carolina at Chapel Hill.
14
15 After receiving her Bachelor of Science in Biological Sciences, with a secondary major in
16 Sociology, in 2008 from the University of Maryland-Baltimore County, Dr. Corbett earned her
17 Doctorate of Philosophy in Microbiology and Immunology at the University of North Carolina at
18 Chapel Hill in 2014.
19
20 Dr. Corbett was subsequently appointed to the Viral Pathogenesis Laboratory in 2014, and has
21 focused her work on developing novel coronavirus vaccines, including mRNA-1273, which has
22 become a primary vaccine against the virus that causes COVID-19.
23
24 In response to the COVID-19 pandemic, Dr. Corbett and her team designed the vaccine
25 concept incorporated in mRNA-1273 from viral sequence and rapidly deployed to Moderna, Inc.,
26 for FDA approved Phase 1 clinical trial, which began only 66 days from the viral sequence
27 release, and was shown to be 94.1% effective in Phase 3 trial and received Emergency Use
28 Authorization from the FDA.
29
30 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS PROCLAMATION
31 HONORING DR. KIZZMEKIA S. CORBETT
32
33 WHEREAS, Kizzmekia S. Corbett, PhD, is currently a research fellow in the Viral Pathogenesis
34 Laboratory at the National Institutes of Health [NIH], National Institute of Allergy and Infectious
35 Diseases [NIAID], Vaccine Research Center; and
36
37 WHEREAS, Kizzmekia Corbett, raised in the Cedar Grove community of Orange County, North
38 Carolina, attended Orange County Schools during which time she spent two summers in the
39 Project SEED Summer Intern program at the University of North Carolina at Chapel Hill, thus
40 becoming a testament to her innate abilities and to the value of investing in the education of
41 youth; and
42
43 WHEREAS, Dr. Corbett received her Bachelor of Science in Biological Sciences, with a
44 secondary major in Sociology, in 2008 from the University of Maryland-Baltimore County, where
45 she was a Meyerhoff Scholar and an NIH undergraduate scholar; and
46
47 WHEREAS, Dr. Corbett earned her Doctorate of Philosophy in Microbiology and Immunology at
48 the University of North Carolina at Chapel Hill in 2014; and
49
50 WHEREAS, a viral immunologist by training, Dr. Corbett was appointed to the Viral
51 Pathogenesis Laboratory in 2014, and has focused her work on developing novel coronavirus
6
1 vaccines, including mRNA-1273, which has become a primary vaccine against the virus that
2 causes COVID-19; and
3
4 WHEREAS, in response to the COVID-19 pandemic, Dr. Corbett and her team designed the
5 vaccine concept incorporated in mRNA-1273 from viral sequence and rapidly deployed to
6 Moderna, Inc., for FDA-approved Phase 1 clinical trial, which began only 66 days from the viral
7 sequence release, and was shown to be 94.1% effective in Phase 3 trial and received
8 Emergency Use Authorization from the FDA; and
9
10 WHEREAS, Dr. Corbett has received numerous honors, awards and fellowships, has been a
11 keynote speaker and invited lecturer at universities, medical schools and research centers
12 across the nation, and has published as a co-author, senior author and first author; and
13
14 WHEREAS, Dr. Corbett has been acknowledged by Dr. Anthony Fauci, NIAID Director, for her
15 research and successful results in the development of a vaccine for the novel coronavirus, and
16 is now receiving national acclaim; and
17
18 WHEREAS, Dr. Corbett is an active member of the NIH Fellows Committee, an advocate of
19 STEM education and vaccine awareness, and a mentor, and engages in outreach to African
20 American youth and adults;
21
22 NOW, THEREFORE, the Orange County Board of County Commissioners, on behalf of the
23 people of Orange County, does hereby proclaim this day, Wednesday, January 20, 2021 as
24
25 "DR. KIZZMEKIA S. CORBETT DAY"
26
27 in recognition of her remarkable accomplishments in the sciences and medicine, in
28 acknowledgement of her unprecedented research and success in thwarting a life-threatening
29 pandemic, and in honor of her compassionate dedication to the health, safety and well-being of
30 humanity.
31
32 This the 19th day of January, 2021.
33
34 Renee Price, Chair
35 Orange County Board of Commissioners
36
37 A motion was made by Chair Price, seconded by Commissioner Dorosin to approve the
38 Proclamation honoring Dr. Kizzmekia S. Corbett for her role in the development of a vaccine to
39 address the COVID-19 pandemic and authorize the Chair to sign the proclamation.
40
41 Roll call ensued
42 VOTE: UNANIMOUS
43
44 Chair Price recognized Dr. Kizzmekia Corbett.
45 Dr. Corbett acknowledged her ties to Orange County, and said she may return to the
46 area as a faculty member at UNC. She said this is home. She said the work does not stop.
47 She spoke of learning about coronaviruses several years ago, and wanting to work on vaccines.
48 She said, as a whole, the United States is not well prepared in this effort, and people are dying.
49 She said vaccine hesitancy concerns her, and she is committed to the effort of encouraging
50 vaccinations to change the pandemic. She said she appreciates the County's commitment to
51 equity and reaching people, and encouraged the County to do whatever it takes to get the
7
1 vaccine to everyone. She thanked her family and friends for supporting her, and she hopes that
2 she will one day come back to work in Orange County at UNC. She introduced her friends and
3 family. She encouraged people to wear masks, distance from family, and help others get the
4 resources they need in order to protect each other. She said each person must do his or her
5 part, and encouraged everyone to pray.
6 Representative Verla Insko expressed gratitude to Dr. Corbett, and said she looks
7 forward to when she comes back to the community. She said everyone is very proud of her.
8 Commissioner McKee said he looks forward to saying, "welcome home." He discussed
9 knowing about Dr. Corbett for many years.
10 Commissioner Fowler expressed gratitude for Dr. Corbett's efforts, and hopes that
11 people will get vaccinated thanks to Dr. Corbett's efforts.
12 Commissioner Dorosin echoed previous comments, and highlighted Dr. Corbett's
13 comments about vaccine hesitancy. He shared concerns about disparities in access to vaccine,
14 and asked if Dr. Corbett had any advice for how the County can ensure the vaccine is
15 distributed in an equitable way.
16 Dr. Corbett said there is a tiered system because of availability, but the Government has
17 purchased enough doses for every citizen, and it is coming. She said some people will need
18 the vaccine almost brought to their door, and distribution on an individual level will help get it out
19 to the community. She said going to the health department may be a barrier for some, not out
20 of fear, but rather simply not knowing a vaccine must be valued. She said consistency in clear
21 messaging is very important. She said vaccine hesitancy is shining a light on what has always
22 been, and there must be an investment in vaccine education. She said the universe presents
23 this challenge and opportunity every flu season. She said a distribution pilot could be run every
24 flue season, and the County can learn from these efforts. She said it helps if people feel like
25 they are part of the process; help people feel like they are included in any way possible.
26 Commissioner Hamilton thanked Dr. Corbett for her work. She said she serves on the
27 Board of Health, and will think about how to pass on this information and ideas. She thanked
28 her for her words about education, and said she brings so much back to the community.
29 Quintana Stewart, Health Director, said the Department hears you loud and clear. She
30 said there was a first run of a mobile clinic in Hurdle Mills, and the Department plans to take the
31 vaccine to the people.
32 Dr. Corbett talked about how individuals can be advocates for vaccines, and said
33 messages have to be personal.
34 Quintana Stewart said that it helps to share with the African American community that an
35 African American woman helped to develop the vaccine and that it safe.
36
37 c. National Mentoring Month Proclamation
38 The Board considered voting to approve a proclamation designating January 2021 as
39 National Mentoring Month in Orange County and authorize the Chair to sign.
40 Chair Price said she works for a nonprofit related to the item, and there is no financial
41 benefit to the resolution.
42 Commissioner Bedford introduced the item and read the resolution:
43
44 BACKGROUND:
45 National Mentoring Month is a campaign held each January to promote youth mentoring in the
46 United States. It was inaugurated in 2002, and has been spearheaded by the Harvard School of
47 Public Health and MENTOR: The National Mentoring Partnership.
48
49 National Mentoring Month focuses national attention on the need for mentors, as well as how
50 individuals, businesses, government agencies, schools, faith communities and nonprofits can
51 work together to increase the number of mentors to help ensure positive outcomes for young
8
1 people. The campaign celebrates mentoring and the positive effect it can have on young lives,
2 with goals to:
3 • Raise awareness of mentoring in its various forms;
4 • Recruit individuals to mentor, especially in programs that have waiting lists of young
5 people; and
6 • Promote the rapid growth of mentoring by recruiting organizations to engage their
7 constituents in mentoring.
8
9 Mentoring is a critical component in young people's lives, helping them make the decisions and
10 connections that lead to opportunity.
11
12 ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION
13 NATIONAL MENTORING MONTH
14
15 WHEREAS, January 2021 marks the 19th anniversary of National Mentoring Month, an annual
16 campaign to focus attention on the need for mentors, as well as how each of us can work
17 together to increase the number of mentors to help ensure positive outcomes for our young
18 people; and
19
20 WHEREAS, Orange County honors volunteer mentors who support young people by showing
21 up for them and demonstrating their commitment to helping them thrive; and
22
23 WHEREAS, mentoring programs such as MENTOR North Carolina make our communities and
24 our state stronger by building meaningful relationships that increase social capital for young
25 people and provide invaluable support networks; and
26
27 WHEREAS, during the COVID-19 pandemic, mentoring programs have stepped up to fill gaps
28 for young people and families, connecting them with resources and ensuring that mentoring
29 relationships continue virtually to ensure social connection despite physical distancing; and
30
31 WHEREAS, mentoring plays a pivotal role in career exploration and supports workplace skills
32 by helping young people set career goals, equipping mentors with the skills needed to support
33 the professional growth of young people, and driving positive outcomes for young people and
34 businesses; and
35
36 WHEREAS, quality mentoring promotes healthy relationships and communication, self-esteem,
37 emotional growth and well-being for young people; and
38
39 WHEREAS, students who meet regularly with their mentors are more than 52 percent less likely
40 than their peers to skip a day of school, and youth who face an opportunity gap and have a
41 mentor are 55 percent more likely to be enrolled in college than those who without a mentor;
42 and
43
44 WHEREAS, youth who meet regularly with their mentors are 46 percent less likely than their
45 peers to start using drugs and 27 percent less likely to start drinking; and
46
47 WHEREAS, almost half of adults today report having a mentor in their youth and those rates
48 appear to have been rising steadily over the past several decades, and
49
9
1 WHEREAS, National Mentoring Month is the time of year to celebrate and promote mentors,
2 mentees and the mentoring movement;
3
4 NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of County
5 Commissioners does hereby proclaim January 2021 as National Mentoring Month in Orange
6 County and encourages members of the community to elevate and encourage mentoring
7 throughout our county, the state and the nation for the sake of our younger generations and the
8 future.
9
10 This the 19th day of January, 2021.
11
12 Renee Price, Chair
13 Orange County Board of Commissioners
14
15 A motion was made by Commissioner Bedford, seconded by Commissioner Hamilton to
16 approve the Proclamation designating January 2021 as National Mentoring Month in Orange
17 County and authorize the Chair to sign the proclamation.
18
19 Roll call ensued
20
21 VOTE: UNANIMOUS
22
23 Commissioner Bedford introduced Sonia Frischemeier, Vice President-External Affairs,
24 Mentor NC.
25 Sonia Frischemeier said Dr. Corbett is an example of what young people can achieve
26 from North Carolina school systems. She said she would like for students falling through the
27 cracks to have the same type of opportunities. She said various mentors helped Dr. Corbett,
28 and she also had support from her family. She said pre-COVID, 1 in 3 students did not have
29 this type of guiding hand, and she can only imagine what it is like now. She said there is so
30 much work to do to make sure our young people do not fall through the cracks.
31
32 d. Presentation of Comprehensive Annual Financial Report for FYE 6/30/2020
33 The Board received the Comprehensive Annual Financial Report (CAFR) for the fiscal
34 year which ended June 30, 2020.
35 Gary Donaldson, Chief Financial Officer, introduced the item and recognized speakers
36 Tim Lyons, auditor with the firm Maudlin and Jenkins. He said the County received the GFOA
37 award for excellence in reporting.
38
39
10
1 BACKGROUND:
2 The CAFR reports on all financial activity of the County for the fiscal year July 1, 2019 through
3 June 30, 2020. Mauldin and Jenkins, a firm of Certified Public Accountants, audited the financial
4 statements. The financial statements and audit are required by Chapter 159-34 of the North
5 Carolina General Statutes. The County prepares a Comprehensive Annual Financial Report
6 (CAFR) that meets the standards set by the Government Finance Officers Association (GFOA).
7 The CAFR is submitted to the GFOA in order to be awarded the Certificate of Achievement for
8 Excellence in Financial Reporting. The financial report for the Orange County Sportsplex, as
9 required under the management contract, is included in the County's CAFR.
10
11 The County received an unmodified (clean) audit opinion on the financial statements received
12 from the audit. The financial audit results indicate compliance with County financial policies. The
13 representatives of Mauldin and Jenkins will cover highlights of the report and answer any
14 questions.
15 Tim Lyons made the following PowerPoint presentation:
16
17 Slide #1
AULDIN �
&J ENKINS ORANGE COUNTY
NORTH CAItOLINA
Presentation of 2020 Audit Results
Orange County,North Carolina
January 19,2021
18
19
20 Slide #2
ORANGE COUNTY
Agenda NORTH c.anoi.INA
.Engagement Team
.Results of the 2020 Audit
.Financial Ratios
.Comments.Recommendations.and Other Issues
.Questions&Comments
21
22
23
11
I Slide #3
ORANGE COUNTY
Engagement Team NORTH CAROLINA
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•EngagemeiR"—leae fa Grenge GDu*
2
3
4 Slide#4
EreKl�9
ORANGE COUNTY
Results of 2020 Audit NORTH CAROLINA
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5
6
7
8 Slide #5
ORANGE COUNTY
Results of 2020 Audit lcogtiguedl NORTH CAROI.iNA
.synmr.ma«n,.enoaaurl.,
9
10
11 Tim Lyons said the team reviews the County's estimates as a part of the audit. He said
12 the County is not involved in any controversial issues, or issues that are radically different from
13 other NC counties. He resumed the PowerPoint presentation:
14
15
12
1 Slide#6
�evzirs '�1
ORANGE COUNTY
Results of 2020 Audi0continued) NORT 4 CAROLTNA
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2
3
4 Tim Lyons said working with staff was a good experience, and staff was diligent and
5 worked in a timely manner, despite the challenges due to the pandemic. He said adjustments
6 were discussed regarding net pension liability, as it relates to participation in local government
7 retirement system. He said adjustments were not material and not reflected in audit statements.
8 He resumed the PowerPoint presentation:
9
10 Slide #7
uL otn
�K1ng ORANGE COUNTY
Results of2020 Audit(continued) NORTH CAROLINA
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1 1
12
13 Tim Lyons highlighted that his firm operates independently from the County, and the firm
14 goes through rigorous checks to confirm this each year. He resumed the PowerPoint
15 presentation:
16
17 Slide #8
18
ntllAln
E"K'ns ORANGE COUNTY
General Fund NORTH CAROLINA
Balan"Ratio to Expendlwres
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19
13
1 Lyons said even though the fund balance percentage is lower, given the challenges of
2 the pandemic and the economy, right at 16% is a good place for the County to be. He resumed
3 the PowerPoint presentation:
4
5 Slide #9
General Fund 6udgetto Actual Results— ORANGE COUNTY
Fiscal Year 2020 NORTH CAizoi INA
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ror,..r<ar Div.
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6
7
8 Tim Lyons said expenditures were less than budgeted because of department efforts to
9 control costs. He said, as a result, budgeted use of fund balance was not needed at the level
10 anticipated. He said CARES act moneys that were not spent were required to be recorded as
11 liabilities. He said this makes up a large amount of the variance, and is described as a technical
12 variance. He resumed the PowerPoint presentation:
13
14 Slide #10
Cammcnts,Rccamm-101ans, ORANGE COUNTY
and Other Issues ICenu sued} NORTH CAROI IN A
Recm.menemions ann comet enmm men,nanem Per rsver
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re
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15
16
17 Tim Lyons said the management letter consists of items the firm thinks is important to
18 communicate to management. He said cyber security is something that our clients need to think
19 about on an ongoing basis, which affects all levels of government. He resumed the PowerPoint
20 presentation:
21
22
14
1 Slide#11
n ENKI �
evxing ORANGE COUNTY
Comments•Recommendations, NORTH CAROU NA
and Other Issues(Continueduedy
Recommenrlatlnns and comments In the Management Letter(Connnuedl
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2
3
4 Tim Lyons said OPEB adjustments were made to record contributions and benefit
5 payments. He said jail inmate fund adjustments were made due to profits made on concessions
6 sales, which should not be held in a custodial or fiduciary fund. He resumed the Power Point
7 presentation:
8
9 Slide #12
OLUIX
vKing ORANGE COUNTY
Comments,Re"osues IC ItIr ons, NORTH CAROI-INA
and Other Issues(Cantlnued)
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10
11
12 Tim Lyons said some funds were not budgeted that need to be, and actions at federal
13 and state level could require more management than staff may realize. He resumed the
14 PowerPoint presentation:
15
16 Slide #13
Comments.Raaammandatluns, ORANGE COUNTY
and other Issues ICentlnued} NORTH CAROUNA
F Nato GASB wmnanpemama fa Fudre Yeere
XM s0.•M1vrary kcsn•Anlras m poannra ors
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17
18
15
1 Slide #14
eCormec'crs. eomm o ORANGE COUNTY
ntl OtheIssu¢S(COlhtihu¢d` NORI74 CAROI[NA
Hew GA6B Pronancemada ha Futue Yeare[Canbe[edl
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peJn
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rmcmomrntcrem.
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macnm x IM xrworimltml iwJm en smm�m mm�emmn m mmrw mMedace.
2
3
4 Slide #15
M9 A_[ IN �
Cc guns ORANGE COUNTY
andOther I sues Recommendations, NORM CAROL[NA
and Other Issues(Continued'
Hew GA6B PronwlmemerRm fa Fuhre Years[Canbtlaedl
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W�ry,m
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5
6
7 Slide#16
8
MaHl.oiv ,��
Comments.Recommendations.
$1Ev1C1�9 ORANGE COUNTY
and Other Issues(Continued) NORTH CAROUNA
Hew GASB Ronoutcema�[s fa Fuhre Years[CalMnedl
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110.1
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9
10
11
12
13
14
16
1 Slide#17
�s�lxins �
ORANGE COUNTY
Comments.Recommendatlons. TY
antl Other Issues(Cenlinued) NORTH CAROLINA
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2
3
4 Slide #18
m
C orn
omm g ORANGE COUNTY
Comments,Recommendations, NORTH CAROIANA
and Other Issues(Continued}
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5
6
7 Slide #19
th L-DI n
Free
ORANGE COUNTY
Free Quarterlyrnme tat Continu Education NORTH CAROLINA
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1 Slide #20
ORANGE COUNTY
NORTH CAROUNA
Questions&Comments
2
3
4 The BOCC accepted the report.
5
6 5. Public Hearings
7 NONE
8
9 Chair Price asked for a motion to recess for 3 minutes for the purposes of a break.
10
11 A motion was made by Commissioner Hamilton, seconded by Commissioner McKee to
12 recess the meeting 3 minutes.
13
14 Roll call ensued
15
16 VOTE: UNANIMOUS
17
18
19 RECONVENE MEETING
20
21 Chair Price asked for a motion to reconvene the meeting.
22
23 A motion was made by Commissioner Greene, seconded by Commissioner McKee to
24 reconvene the meeting 8:15 p.m.
25
26 Roll call ensued.
27
28 VOTE: UNANIMOUS
29
30 6. Regular Agenda
31
32 The public comment period for 6-a closed at 9:OOAM on January 14, 2021. The BOCC will
33 not accept any further public comment.
34
35 a. Zoning Atlas Amendment: Master Plan Development Conditional Zoning District
36 MPD-CZ) for Efland Station (formerly Beaver Crossing)
37 The Board considered receiving updates, Planning Board and staff recommendations,
38 beginning deliberation, and providing direction/taking action on an applicant initiated Zoning
39 Atlas Amendment for parcels north of Interstate 85/40, east of Mt. Willing Road, to Master Plan
40 Development Conditional Zoning (MPD-CZ) district. Specifically, the Board will be taking action
18
1 on an application submitted by Buc-ee's Limited to rezone two parcels with PIN numbers 9854-
2 16-1576 and 9854-36-3711 (hereafter `the Property'):
3
4 FROM:Office/Research and Manufacturing (O/RM); Upper Eno Protected Watershed Protection
5 Overlay District; Major Transportation Corridor (MTC) Overlay District; Efland Interstate Overlay
6 District.
7
8 TO: Master Plan Development Conditional Zoning (MPD-CZ) district; Upper Eno Protected
9 Watershed Protection Overlay District; Major Transportation Corridor (MTC) Overlay District;
10 Efland Interstate Overlay District.
11
12 BACKGROUND: BOCC review of this item began at the BOCC's December 15, 2020
13 Businessmeeting and concluded with the closure of the public hearing on January 12, 2021.
14 Agenda materials from the public hearing can be accessed at:
15 http://server3.co.orange.nc.us:8088/WebLink/Browse.aspx?startid=61357&row=1&dbid=0.
16 Video from the December 15, 2020 and January 5 and 12, 2021 meetings can be accessed at:
17 https://www.orangecountync.gov/967/Meeting-Videos
18
19 As indicated at the December 15 BOCC meeting, staff recommended the imposition of several
20 conditions designed to address potential impacts of the Project, including:
21 i. Stormwater: Imposition of a condition that requires the applicant to either:
22 a. Abide by nutrient reduction strategies as detailed in Section 6.14.7 of the UDO
23 without participation in the State recognized offsite mitigation program; or
24 b. Any off-site mitigation has to occur in Orange County near the Property, within the
25 County's Upper Eno Protected or Critical Watershed Protection Overlay District, to
26 ensure preservation of local water quality.
27 ii. Access Management:
28 a. Driveway access from the Interstate on/off ramp be restricted to two driveways, one
29 allowing access to the Project east of Mt. Willing Road (i.e. a right turn only into the Project) and
30 one allowing access to the on/off ramp west of the US
31 Highway 70/1-85 Connector Road (i.e. a right turn only out of the Project);
32
33 Staff has continued to work with the applicant and NCDOT officials to preserve
34 westbound Exit 160 as being part of a dual westbound exit for both Exit(s) 160 and 161 at the
35 existing Exit 161 location.
36
37 Attachment 2 contains the applicant's response to several recommended condition(s), including:
38 1. Alteration of land uses:
39 a. District 1: Proposed car wash eliminated;
40 b. Development Area 5: Building square footage reduced from 150,000 to 75,000
41 sq.ft.
42 2. Impervious area versus Open Space:
43 a. Impervious area limited to 60% or approximately 2,718,144 sq.ft. (62.4 acres) of land
44 area;
45 b. Open space increased to 40% or approximately 1,812,096 sq.ft. (41.6 acres) of land
46 area.
47 3. Setbacks: Northern boundary property line/land use buffer area increased to 50 ft. as
48 requested by staff;
49 4. Stormwater:
50 a. Install debris screens on all stormwater inlets to address comment(s) from the Eno
51 River Association;
19
1 b. Nutrient Removal: Project will not exceed:
2 i. Nitrogen: 1.2 pounds per acre per year; and
3 ii. Phosphorous: 0.24 pounds per acre per year.
4 Nutrient export loads are equal to/less than export loads from property in current,
5 undeveloped state.
6 5. Use of Private Mitigation Credits: Consistent with 6.14.7(D) of the LIDO applicant shall:
7 a. Purchase approved `private mitigation bank credits' within the Upper Eno River
8 Watershed. If no credits are available, applicant shall:
9 i. Purchase approved private mitigation bank credits within Orange County (if
10 available); OR
11 ii. Purchase approved private mitigation bank credits in the Falls Lake
12 Watershed (if available); OR
13 iii. Utilize any mitigation option permitted by the UDO.
14 Conditions must mutually be agreed to by the applicant. Staff is seeking direction from the
15 BOCC on said condition(s) for final review/agreement by the applicant. The current list of
16 condition(s) is contained within Attachment 5.
17
18 During review of the Project, local residents identified the following concerns:
19 a. The Project is out of character with the rural Efland community;
20 b. There has been insufficient public outreach, including concerns the Town of
21 Hillsborough had not been more involved in reviewing the Project;
22 c. Economic development benefits have been exaggerated and are overestimated;
23 d. The Project will not generate the types of jobs desired by the County (i.e. provision
24 of a living wage, jobs meeting County social justice goals, etc.);
25 e. Development of a `60 pump/120 individual fuel station' travel center is inconsistent
26 with a County goal of reducing dependency on fossil fuels;
27 f. There is no guarantee that `Phase 2' of the Project (i.e. hotel, offices, retail,
28 manufacturing, etc.) will ever be developed;
29 g. Proposed traffic changes, including the elimination of Exit 160 and prohibition of
30 left turns from Ben Johnson Road to the 1-85/US Highway 70 connector road, will
31 have negative impacts on motorists.
32 Traffic redesign will exacerbate existing traffic congestion and create public safety
33 concerns;
34 h. Stormwater runoff will have a negative impact on adjacent sensitive water features
35 as well as the County's Seven Mile Creek Preserve;
36 i. Insufficient information has been provided ensuring adequate protection of
37 groundwater from fuel contamination;
38 j. The Project will significantly increase/exacerbate existing light pollution in the area;
39 k. There is no justification for an 80 ft. tall freestanding sign advertising the Project.
40 Attachment 3 contains the applicant's responses to these concern(s). Staff's comments will be
41 provided separately.
42
43 Effect of Denial or Withdrawal: In the event the rezoning application is denied or withdrawn, it
44 should be noted that Section 2.2.8 of the LIDO states that no application for the same or similar
45 amendment, affecting the same property or portion thereof, may be submitted for a period of
46 one year. The one year period begins on the date of denial or withdrawal.
47
48 Planning Director's Recommendation: The Planning Director recommends approval of the:
49 1. Statement of Consistency indicating the zoning atlas amendment(s) are reasonable
50 and in the public interest as contained in Attachment 4.
51 2. Ordinance amending the Zoning Atlas, as well as imposing development conditions,
20
1 for the identified parcels as contained in Attachment 5.
2
3 Michael Harvey, Current Planning Supervisor, reviewed the Abstract packet, including
4 attachments. He said summaries were sent to BOCC email addresses during the day on
5 January 19, 2021. He said if this application is denied or withdrawn, a similar petition cannot be
6 considered for a year. He said property owners could not apply for a new site plan that
7 proposes similar development that would requires changes to the zoning plan.
8 Chair Price said an alternate statement of consistency recommending denial was also
9 emailed to Commissioners earlier in the day.
10 Beth Trahos said she is an Attorney with Nelson Mullins who is representing Buc-ee's.
11 She said she looks forward to hearing from the Commissioners, and reminded BOCC that Buc-
12 ee's is not a typical gas station. She said it is more like a general store with Buc-ee's being to
13 Sheetz, like Wegman's is to Piggly Wiggly. She said no drive thru restaurants will be permitted
14 on site. She said the travel center will create interest in Efland, and will attract other business.
15 She said the proposal complies with the comprehensive plan. She said the project is adjacent
16 to the highway, with 120,000 cars a day, and is already a noisy, well lit area. She said Efland
17 Station will provide full time jobs with pay at $15 per hour and vacation and benefits. She said
18 all positions, save two management roles, will be hired locally. She said Orange County has
19 $15/hour as a living wage, and some of Orange County's employees make the same amount.
20 She said Efland Station will bring tax revenue, and invest in infrastructure, road improvements
21 that would be required even without Efland Station. She said a water tower will provide capacity
22 for broadband. She said Buc-ee's is not asking for any tax incentives. She said Chapel Hill
23 gave $4 million in incentives to Wegman's, which will create similar jobs to Buc-ee's. She said
24 Wegman's jobs starts at $10 an hour, but somehow Buc-ee's jobs have been maligned. She
25 said Buc-ee's will bring environmental stewardship, and will not enter any local water supplies.
26 She said this area has been identified as appropriate for more intense uses. She said Efland
27 Station offers enhanced storm water nutrient removal, and noted the existing cattle farm has
28 more nutrient export than Efland Station/Buc-ee's will have. She said the phosphorous levels
29 will also be lower than the current cattle farm. She said Efland Station will exceed the required
30 open space. She said the current zoning allows for a much larger building area than Buc-ee's
31 will use.
32 Beth Trahos said an environmental assessment was completed, and new ones will be
33 done with each site plan, as required by conditions. She said gas tanks and pipes are
34 monitored, and should a leak occur, an alarm will sound and emails are sent to the local store
35 as well as Texas headquarters. She said monitoring wells are also placed in the fuel tank pits,
36 as a redundant monitoring measure. She said denying this project will not reduce
37 environmental risks, as the current cow farm already exceeds State and County requirements
38 for phosphorous exports. She said an existing gas station, with older technology, already exists
39 in this area, and 125,000 mostly gas-powered vehicles drive through this area each day. She
40 said Buc-ee's has committed to 10 EV charging stations, and will increase that number, as the
41 market demands it. She said Buc-ee's is fuel agnostic, and will change with the times.
42 Beth Trahos said she was disappointed that the review process by the Commission for
43 the Environment (CfE) did not acknowledge these facts about the project. She said the
44 Department of Environment, Agriculture, Parks and Recreation (DEAPR) has reviewed the
45 project, and its only comment was to suggest a conservation easement in the open space area,
46 which may be best managed by the County, rather than the property owner. She said the CfE
47 heard no staff analysis, and prior to the meeting a CfE board member circulated a letter in
48 opposition to the project to all other CfE board members. She said it was not a fair hearing.
49 Beth Trahos said the BOCC has received many requests to turn this proposal down.
50 She said every proposal will have some trades off, as no project is perfect. She said the current
51 zoning will have more negative environmental impacts. She said Efland has less density and
21
1 less affluent residents than Chapel Hill, and Chapel Hill had to offer large incentives for
2 Wegman's to come. She said Efland cannot make such deals, and the community will suffer
3 while people wait for something perfect. She said Efland residents need opportunities, and
4 more commercial tax base will help the County at large. She urged the BOCC to approve the
5 plan, and looks forward to engaging on the project.
6 Chair Price highlighted a letter in the BOCC packet from the CfE, requesting that this
7 project be denied. She said the Town of Hillsborough has also sent a letter in the past stating
8 concerns over the watershed.
9 Commissioner Dorosin referred to page 2 of the abstract packet, and said there is a note
10 that staff has been inquiring about preserving highway exit 160. He asked if there was a status
11 update on this issue.
12 Craig Benedict, Planning Director, said allowing access points for this project onto the
13 existing exit ramp would require another review process by North Carolina Department of
14 Transportation (NCDOT), which cannot happen until there is some adjudication of the
15 application in front of the BOCC. He said this exit is part of federal highway system, so any
16 NCDOR recommendation has to be reviewed by Federal Highway Commission. He said exit
17 160 east bound will stay as it is, and it is proposed to close the existing exit 160 west bound
18 ramp, and move it to be the same as 161. He said the exits will be named together, with signs
19 showing drivers which way to turn. He said the Federal Highway Commission system will
20 create naming and signage.
21 Commissioner Dorosin asked if this explanation is any different to that which the BOCC
22 has previously been presented.
23 Craig Benedict said no, this information is consistent with what is in the application.
24 Commissioner McKee said he wanted to respond to concerns about the possible
25 relocation of Ben Johnston Road, which would only allow for right turns. He said currently traffic
26 can turn both ways.
27 Beth Trahos the Applicant has heard this concern from residents. She said NCDOT will
28 not allow for full functioning at the current location of Ben Johnston. She said the Applicant
29 thought about relocating Ben Johnston to align with the entrance drive into the Efland Station
30 project, and thus act as a full access.
31 Commissioner McKee asked if further discussion with NCDOT is merited.
32 Beth Trahos said it is her understanding that NCDOT will not allow it, but referred the
33 Engineer Earl Llewellyn, Kimley Horn.
34 Earl Llewellyn recounted his conversation with NCDOT, and the current proximity of Ben
35 Johnston is very close to the 1-40 ramps, and would present operational problems in the future.
36 He said NCDOT asked that the site drive location be shifted farther north so there is better
37 spacing of signals. He said this converted Ben Johnston to right in/right out movements. He
38 said an unsignalized break in the median was explored, but is not possible due to traffic
39 requirements.
40 Commissioner McKee asked if there are other discussions to be had. He said he is
41 concerned about no left turn off of Ben Johnston Road.
42 Stan Beard, Applicant, said he recognizes the concerns from the neighbors. He said he
43 has talked with a property owner, who also has land to the east of the 70 connector. He said
44 the portion of Ben Johnston Road that would be relocated, is on this property owner's land. He
45 said he has spoken with this landowner several times. He said Ben Johnston should be a full
46 access intersection, and he feels far enough along in the process, that he can characterize the
47 Ben Johnston Road realignment as necessary to get full final permitting from NCDOT.
48 Commissioner McKee asked if all road improvements will be at Buc-ee's expense.
49 Stan Beard said yes, all proposed improvements to date, and in the future, would be at
50 Buc-ee's expense.
51 Commissioner McKee said that would be a cost savings of millions of dollars to NCDOT.
22
1 Stan Beard said yes.
2 Commissioner Greene recalled a similar road shift at Whitfield Road and 86. She said
3 she would like Ben Johnston Road to be a full access interchange, and asked if the Applicant is
4 open to this being a condition.
5 Beth Trahos said yes, it is the Applicant's intention to do so.
6 Commissioner Fowler asked if more information could be provided on water usage, as
7 the graph in packet is hard to read.
8 Stan Beard said the estimated water usage has been provided from day one, based on
9 operating data from current similarly sized projects. He said this has never been an issue to the
10 Planning Department. He said he has plenty of data to share that will show the water usage
11 has been the same since day one.
12 Kelsey Hall, engineer with Applicant, shared a graph with water usage estimates, which
13 is in the BOCC packet. She reviewed the contents of the graphs. She said the car wash has
14 been removed from the project. She said average daily water use is about 20,000 gallons a day
15 for Buc-ee's, with increased use for Phase 2 development. She said total average daily
16 demand is 45,000 in Phase two, plus 20,000 gallons in Phase 1.
17 Commissioner Fowler asked if the current Buc-ee's site is a standard site or an efficient
18 site.
19 Kelsey Hall said Buc-ee's uses low flow fixtures, and, is thus, an efficient site.
20 Commissioner Fowler asked if confirmation of how the data was collected could be
21 provided. She asked if all three sites that were reviewed were of a similar size.
22 Kelsey Hall said yes. She said fixtures for phase 2 are assumptions, based on typical
23 uses of light industrial or a restaurant.
24 Kelsey Hall said the water usage graphs all show the same information,just in a variety
25 of ways. She said assumptions were made for phase 2 because there is no real data. She said
26 actual flows were taken from the EPA website.
27 Commissioner Fowler clarified that the total usage at full build-out if 65,000 gallons and
28 sewage is 54.
29 Kelsey Hall said yes.
30 Commissioner McKee referred to wages and working conditions at Buc-ee's, and asked
31 if the Applicant could respond to these concerns.
32 Stan Beard said Buc-ee's will employ around 200 full time people per year, and part-time
33 positions are not included in that number. He said the starting wage is $15/hour minimum,
34 which includes 3 weeks paid time off, which can be paid out, used at time off or rolled over to
35 another year. He said the health benefits are a standard package with health, dental, and eye
36 after 60 days of employment. He said there is also a 401 k and life insurance. He said full time
37 employees are the bulk of business, but one can request to be part-time if so desired.
38 Commissioner McKee asked about claims of abusive employment practices, such as 5-
39 minute breaks and employees having to work overtime for 10-12 days.
40 Stan Beard said these claims come from reviews online. He said Buc-ee's employs
41 4000 people, on whom the company relies, as they are the face of Buc-ee's. He said a shift is 8
42 hours, with a few breaks per shift, up to 10 minutes. He said it is not an easy job, but
43 employees are paid for all 8 hours of the shift. He said there is a lunch made on site, and
44 employees are asked to eat lunch, and then hustle back to work. He said a required 45-minute
45 lunch would be unpaid, and the desire is for employees to be paid.
46 Commissioner McKee said he understands this will be hard work, and is not an easy job.
47 He said he appreciated the clarifications.
48 Chair Price asked if there could be clarification offered about the impact of fuel tanks on
49 the watershed, Hillsborough's water supply and on those people who use wells. She said she
50 understands the technology is modern, but asked if an earthquake were to happen, would there
51 be an impact on the water supply.
23
1 Beth Trahos said Hillsborough gets its water from West Fork Eno Reservoir, which is
2 upstream from where the site drains. She said the same is true for the intakes for Orange
3 Alamance water system.
4 Craig Benedict said this project would flow into Seven Mile Creek, which flows into the
5 Eno River, which flows into the Lake Ben Johnston reservoir. He said this reservoir is relatively
6 small, but is the intake for the Hillsborough water supply. He said the West Fork of the Eno and
7 Lake Orange do flow into Eno River, and go downstream and are picked up at Lake Ben
8 Johnston. He said in between Lake Orange and West Fork of the Eno is Corporation Lake,
9 which is the intake for the Orange/Alamance water supply. He said it is true that the site does
10 not flow into Seven Mile Creek, but it does flow into Lake Ben Johnston, which flows into a
11 water supply.
12 Jason Harris, with Applicant, explained safeguards against vehicle damage and
13 corrosive decay. He said he does not know what would happen in an earthquake. He said the
14 tanks are tested and purposely built to be stronger than the stress that is put on them. He said
15 there are systems in place to address the more common problems that may arise, such as
16 piping problems. He said if a fuel alarm sounds at any point, the system shuts down. He said
17 there may be some release, but not an entire tank rupture.
18 Chair Price requested more information on water usage, does this site fall within the
19 typical Buc-ee's range or below.
20 Kelsey Hall said the numbers are similar to other Buc-ee's.
21 Chair Price asked if Mebane can meet the water estimates, and is there capacity for the
22 sewer system in Mebane.
23 Craig Benedict said this project would use 9-15% of remaining available capacity in
24 Mebane. He said Orange Alamance water system would also use 15% of available capacity.
25 He said staff double-checked with partner engineers and County engineers, and these numbers
26 are found to be credible.
27 Chair Price asked for clarification about changes to the road system. She clarified that it
28 is not yet certain that the Federal Highway Commissioner will approve the exit 160/161 or the
29 Ben Johnston Road recommendations.
30 Earl Lewellyn said this is a process, and several levels of approval are needed from
31 NCDOT along the way. He said it is his impression that NCDOT does not see a problem with
32 granting the changes to Ben Johnston Road plans. He said there have been preliminary
33 discussions with the Federal Highway System, and they also do not see a problem with
34 approving the changes related to exit 160.
35 Michael Harvey clarified that if there are changes to the plans, the Applicant may have to
36 come back for approval again by the BOCC. He said NCDOT needs some level of approval
37 from local government before it will do a full review, which may require another approval. He
38 said the Applicant is aware of this, and it is a bit of a chicken and egg situation.
39 Commissioner Dorosin said this is a challenging issue. He said he has heard from
40 opponents and proponents. He said there have been allegations of misrepresentations, which
41 has been disheartening. He said even the opponents acknowledge that this property will be
42 developed. He said the amenity the County has to offer is access to the highway, and the
43 universe of applicants to which this will appeal is not unlimited. He said it is not unreasonable
44 that a travel plaza would be interested in this land. He said he has tried to categorize concerns
45 and benefits. He said the primary concerns are traffic, environmental, water issues, and nature
46 of the use. He said a lot of those issues can be addressed if there is discussion about the scale
47 of the project. He said this is an enormous project, but some of the issues could be addressed
48 if there is a willingness on the part of the developer to reduce scale. He said he is curious to
49 know if the developer would consider downsizing to 60 or 40 pumps. He said a travel plaza is
50 a reasonable use for the property, but the scale raises issues. He said he is troubled by the
51 criticism of the jobs, as they are jobs a lot of people will appreciate. He said school custodians
24
1 do not even get benefits. He said he is also troubled by criticism of Buc-ee's being an out of
2 state company. He said the County will never reach its economic development goals if all
3 development must be NC based. He said the other large issue he has heard from opponents is
4 that while Phase 2 developments are attractive, they are far off and ambiguous. He asked if it is
5 possible to be more specific about phase 2 at this point.
6 Beth Trahos said the Developer is willing to discuss all elements of the project, but noted
7 that customers are looking for easy availability of gas. She said customers go into the store,
8 and get sucked in, leaving the car at the pump. She said the quantity of pumping stations are
9 necessary to accommodate the ease of people getting in and out of the center.
10 Stan Beard said discussion is always an option. He said the scale is what makes Buc-
11 ee's successful. He said at peak times of usage, all fueling positions are full, and the scale is
12 large, because there are a lot of visitors. He said any reduction in scale does not get rid of the
13 concerns being raised by the public, and it does not matter if there are 5 tanks or 6 tanks. He
14 said phase two will succeed because of Buc-ee's success. He said part of a successful Buc-
15 ee's operation is its large scale. He said he is open to discussing all issues, and hopes the
16 BOCC will allow the Applicant time to consider all items that come up tonight.
17 Commissioner Dorosin said he feels there is a difference in the amount of problems, if
18 there is less fuel stored. He said the common theme throughout the concerns is scale.
19 Beth Trahos said Buc-ee's is a lot smaller than what could be built under current zoning
20 conditions. She said Buc-ee's is 425,000 square feet, which is much smaller than 2 million
21 square feet of distribution center.
22 Commissioner Fowler asked if there is a reason why the water usage estimates have
23 changed from 20% to 17% to 15%.
24 Stan Beard said these numbers were based on bad information, and better information
25 has been received. He said every single number has been combed through, in order to get the
26 most accurate number possible. He apologized for fluctuations, and said data and numbers
27 moves. He said nothing has moved in a material way.
28 Kelsey Hall said removing the car wash did decrease the numbers.
29 Commissioner Fowler said Buc-ee's has had no reportable gas spills, but asked if the
30 number of unreportable has spills could be identified.
31 Jason Harris said there has never been a reportable release from a fuel center, and
32 anything that gets out is reportable. He said every 30 days evidence shows that no releases
33 have happened.
34 Commissioner Fowler asked if there have been surface spills.
35 Jason Harris said he cannot lie, and there are spills. He said there are customer
36 incidents, and there are mitigation responses. He said spills happen, and Buc-ee's does its
37 best to control these and has a high level of maintenance.
38 Commissioner Fowler asked if the number of storage tanks could be reduced from 6, as
39 the spots are often used for parking for those wanting to go into the store, as opposed to buying
40 gas.
41 Jason Harris said the system has to be designed to meet peak demand.
42 Commissioner Fowler asked if there is a reason why people cannot pull up to the store
43 to park, before shopping inside.
44 Jason Harris said Buc-ee's does provide that opportunity, but it does not seem to
45 happen.
46 Commissioner Fowler asked if there are parking spots available.
47 Stan Beard said the parking area excludes the space at the pumps, and the spots are
48 ample.
49 Commissioner Fowlerasked if the EV charging stations will be located near the gas
50 pumps.
51 Stan Beard said they will be on the backside of the property, next to the pond.
25
1 Commissioner Fowler asked if all 10 EV charging stations will actually be functioning,
2 Stan Beard said he does not know, but there will be the infrastructure for 10 stations. He
3 said there are a lot of factors. He said Buc-ee's will accommodate fuel users, whether it is EV
4 or not. He said he does not know how many will be functioning on day 1.
5 Commissioner Fowler asked if Buc-ee's would be able to expand the EV sites.
6 Stan Beard said ideally it would be done into existing pump system. He said Buc-ee's is
7 ready to move with the market. He said EV is currently 1% of the market. He said Buc-ee's
8 wants customers in the store.
9 Commissioner Greene finds it strange that people would leave their cars parked at a
10 pump while shopping. She said her first main concern is traffic patterns. She said it was her
11 understanding that if the road is not realigned then there would not be a ground breaking, and
12 the Applicant would not need to come back before the BOCC for a new vote, as realignment
13 would be a condition of moving forward. She said her second main concern is Phase 2 plans,
14 and there is no guarantee or idea of what may come or when. She said residents have raised
15 concerns that other Buc-ee's have nothing around them, and she is skeptical of the promise that
16 development will just appear. She said her final main concern is the scale of the project. She
17 read from the Efland Mebane Small Area plan, regarding the geographic area and how
18 residents have long viewed the area as a gateway into Efland: "the character of the gateway is
19 an important factor in the perception of Efland as a rural village....the southeast portion of the
20 planning area also enjoys easy access to major transportation facilities including interstates 40
21 and 85, and the US 70 connector, because of this development potential for the area is high."
22 She said Buc-ee's is not interested in Efland, but rather desires to be near the highway. She
23 said the plan goes on to say, "both of these ideas can be accomplished if a development is
24 done in a context sensitive manner" and recommends a mixed use designation. She said the
25 County wants mixed use, and Buc-ee's is not this, but rather is a convenience store that is
26 bigger than a football field. She said this is not mixed use, and it is not a gateway to Efland.
27 She echoed the request to reduce the scale of the project, and said she would like to see a
28 contract on Phase 2 before Buc-ee's is built. She said, as it stands, this project does not meet
29 the Efland Mebane plan.
30 Beth Trahos said it is expected that NCDOT and the highways will approve the traffic
31 plan, but if it does not then the plan would have to be revisited. She said Ben Johnston Road is
32 a second issue that the Applicant is willing to make a condition of the plan. She said if NCDOT
33 does not approve this change, which she expects it will, then the Applicant would have to come
34 back before the BOCC.
35 Beth Trahos said the existing zoning allows for a 2 million square foot distribution center
36 as the entryway to Efland. She said Buc-ee's is proposing a travel center that will bring interest
37 for additional development.
38 Stan Beard said the scale of Buc-ee's brings travelers to stop, and when travelers stop
39 they become a prime target for another type of user, like a restaurant or hotel. He said some
40 residents have pointed out that many stores do not have anything around them. He said this is
41 true, as many Buc-ee's are built in the middle of nowhere, unlike Efland, which is in the middle
42 of a thriving metropolitan area. He said there will be hotels and retailers in thriving areas. He
43 said fast food will not be allowed in Efland Station. He said this area is a perfect location for a
44 community-based development. He said this is a far better option as a Gateway to Efland than
45 a distribution center.
46 Commissioner Greene said she is from Texas, and asked if there could be clarification of
47 about the Buc-ee's in Terrell, Texas.
48 Stan Beard said this location opened in 2017, and within two years there was hotels, fast
49 food, and a movie theater. He said Buc-ee's does not own that property, and most of the
50 development signed on after Buc-ee's started building, and all of it got developed after Buc-ee's
51 opened its doors. He said other Buc-ee's locations have hotels, outlets, etc. He said as Buc-
26
1 ee's are built, other folks follow. He said Efland is ripe for a good development, and Buc-ee's
2 wants to be it.
3 Commissioner Hamilton thanked all staff, commissions and representatives for their
4 work on project. She recognized the public from whom the BOCC has not heard. She reviewed
5 the 2030 Orange County Comprehensive Plan, and said it is a very relevant document for
6 today. She reviewed the 8 principles of the document, focusing on numbers 2-7, to see if Phase
7 1 of project fits in plan. She said this project does not promote sustainability, and does not
8 promote the encouragement of air quality improvements. She said these facts go against the
9 principles of the plan. She said there is no assurance of effective charging station/systems.
10 She said she did note there will be land set aside for a bus stop, but the current zoning allows
11 for that already. She said this project does not promote resource preservation of rural land use,
12 and she wonders if it will adversely affect existing farms due to changes with Ben Johnston
13 Road. She said she questions the impact of water usage, and despite claims of adequate
14 capacity, there is still a risk of spills and worst-case scenarios. She said worst-case scenarios
15 are not out of the question, and once the water supply is ruined, it cannot be repaired. She said
16 another principal is the promotion of economic prosperity and diversity. She said phase 1 does
17 have some potential in this area, such as $1 million in revenue from property and sales. She
18 said the project does not provide business diversity, as there are already gas stations in the
19 area. She said it is important to consider what will be lost as local businesses are detrimentally
20 affected. She said phase 2 is consistent with the plan, but there is no guarantee of it
21 happening. She said the other part of diversity is jobs, and while jobs are being offered, there is
22 no guarantee that these jobs will go to Orange County residents. She said the final planning
23 principal is preservation of community character. She said Orange County is a smart,
24 innovative choice for employers and employees, due to several world-class hospitals and
25 companies. She said this is the County's brand. She said Buc-ee's has the potential to change
26 the community character.
27 Commissioner Hamilton said she watched the video of a Buc-ee's and what jumped out
28 to her is the promotion of the Buc-ee's brand, which she thinks may dominate the community
29 character of Efland. She said the only potential positive of this project is possible revenue,
30 which is not guaranteed, and does not outweigh all of the unknowns. She said the BOCC wants
31 to meet the needs of the present, without compromising the needs of the future. She said she
32 does not think project is the right one.
33 Commissioner McKee asked if the Applicant would be open to accepting the condition of
34 having 10 EV charging stations activated on day 1.
35 Stan Beard said he could not commit at this time, and needs to talk with his boss.
36 Commissioner McKee said he would also like a more definitive answer on Ben Johnston
37 Road, and is willing to continue this discussion.
38 County Attorney John Roberts said the Unified Development Ordinance (UDO) has a
39 provision that the Applicant must have a reasonable time to consider any newly proposed
40 conditions, and be able to return to the Board with a decision or compromise.
41 Michael Harvey said any changes regarding the relocation of Ben Johnston Road would
42 require meetings with staff and DOT officials, which will take some time. He said any such
43 changes would require modifications to the TIA for this project, which would also take some
44 time.
45 Commissioner McKee asked if the Applicant could elaborate on Buc-ee's involvement
46 with the local community.
47 Stan Beard said Buc-ee's takes a lot of pride in being involved with the local community,
48 and provided examples of ways it supports the community. He said Buc-ee's always has very
49 close ties with public safety and law enforcement. He said Buc-ee's is a big part of the
50 community. He said he has provided a great deal of details to County staff, and Buc-ee's is a
51 generous partner.
27
1 Beth Trahos referred to letters in the abstract packet from other communities discussing
2 the benefits of having Buc-ee's nearby.
3 Commissioner Bedford said she has examined the project based on various plans,
4 emails, minutes, planning board recommendations, economic forecasts, videos from the
5 Applicant, etc. She said she has especially considered the possibility of jobs and tax revenue,
6 and thanked County staff for its intense review of this project.
7 Commissioner Bedford said the Applicant will have to contract with outside vendors for
8 trash removal and recycling, and this is said to have "no impact to Orange County." She said
9 this waste will go somewhere, and it is likely to go to a lower income or minority neighborhood,
10 and she feels Orange County does have some obligation here. She said the County needs to
11 consider future cost benefit analysis, impact to residents, and broaden its view, just as we do
12 with other issues. She said she took an environmental science last fall, and learned about local
13 groups who are advocating composting. She said remediation is good, but there needs to be a
14 greater focus on reducing waste in the first place. She said the goal should be to prevent
15 pollution.
16 Commissioner Bedford said there are many pros to providing performance standards
17 and conditions. She said taxpayers have funded public water and sewer with that intent. She
18 said she supports economic development to diversify the tax base. She said this is a land use
19 decision, and the BOCC does not choose between specific preferences (e.g.: Outback vs, Olive
20 Garden). She said many of the arguments against this project do not apply because they do not
21 pertain to land use. She said the comprehensive plan does recognize the wide range of
22 interrelated planning areas, including economic development, housing, natural and cultural
23 systems, parks and recreation, services and community facilities, and transportation, in addition
24 to land use.
25 Commissioner Bedford said she reviewed the 8 principals of the comprehensive plan
26 and held them in mind while considering the application. She said the BOCC needs to wisely
27 use the investment of water and sewer. She said sustainable growth and development should
28 occur in a place where it can be long term, and this site is ideal for dense commercial growth.
29 She said the third principal is divided into 3a and 3b, with 3a being the encouragement of
30 energy efficient, lower energy consumption, and use of renewable energy resources. She said
31 this project flat out fails on part 3a. She said 3b is the promotion of both air quality protection
32 and development of effective transportation, and this project also fails here. She said the fourth
33 principle is the natural area resource preservation, which she narrowly interprets as the
34 protection of niche items, like hardwood forests. She said others likely have different
35 interpretations, but it did not really seem applicable. She said the fifth principle is preservation
36 of rural land use patterns, which this project could be argued as both for or against. She said
37 the sixth principle is water resources preservation, and she read from the comprehensive plan
38 about concerns of water availability and the protection of water being a high priority. She said
39 this project does not meet these criteria. She said the seventh principle is promoting economic
40 prosperity and diversity, and noted that jobs and tax revenue could contribute to prosperity, but
41 gas stations and convenience stores do not add to diversity. She said the final principle is to
42 preserve community character, and it is hard to argue that a large travel center does this,
43 despite its close proximity to the highways.
44 Commissioner Bedford said she returns to the second guiding principle of sustainable
45 growth and economic development, which links the economy with the environment. She said
46 clean air and water are essential for public safety, and environmental concerns are at the top
47 when making decisions. She said the proposed rezoning violates the second principle, and the
48 BOCC can advocate for economic development without the sale and storage gasoline. She
49 said the project is not consistent with the comprehensive plan, and the current zoning meets the
50 goals of the plan. She said the positives of the application do not outweigh the negatives.
28
1 Commissioner Greene expressed appreciation to the Applicant for being willing to
2 reconsider some of the plans, and having further discussions.
3 John Roberts said the BOCC can propose conditions, but must give the Applicant time
4 to review the conditions, and have the item brought back at a subsequent meeting.
5 Chair Price asked if it is appropriate for a Commissioner to make a motion for approval
6 or denial.
7 James Bryan, County Attorney's Office, said yes, that is appropriate should the Board so
8 desire.
9 Michael Harvey reviewed the conditions that he has heard raised this evening: the
10 realignment of Ben Johnston Road; the possibility of reducing the scale of the Buc-ee's; the
11 possibility of 10 EV Charging stations going live on day 1; additional information from County
12 staff on the application of the principles of the Comprehensive Plan; and additional information
13 about water.
14 Commissioner Fowler echoed Commissioner Dorosin and Commissioner Greene's
15 comments about the scale of Buc-ee's, and said there would need to be a significant reduction
16 in scale for her to be willing to support the rezoning request. She said she read every letter,
17 took phone calls, and listened to all discussions on this project. She said she understands Buc-
18 ee's interest in the site, and the zoning change is suited to their needs, but this type of project is
19 not allowed under existing zoning. She said she knows the County needs to renovate schools,
20 support fire and public safety, needs additional commercial tax revenue, etc. She said it is
21 unclear if this would be new revenue or replacing revenue. She said she would really like to
22 see development on this land, but she has many concerns that this proposal is not aligned with
23 the Comprehensive Plan, or land use goals, and the 2017 resolution to reduce greenhouse gas
24 emissions. She said the BOCC is charged to meet the needs of the present generation without
25 compromising the needs of the future generations, and this project does not meet the definition
26 of sustainable. She said this project does not decrease carbon emissions, and makes it easier
27 to continue the use of fossil fuels. She said she is concerned about water consumption, as this
28 project will use 15% of the available resources, which will impact what other projects can come
29 online in the future. She said she is also concerned about all the local residents who use well
30 water. She said this project will disrupt transportation, and people's ability to get where they
31 need to go.
32 Commissioner Fowler said the project would need to be 1/3 the size or less for her to
33 consider it. She said she would also want to discuss the height of the project, as well as many
34 other things. She said, as this project stands, she would vote no.
35 Commissioner McKee said the BOCC is voting whether or not to approve a zoning
36 change, not a project, but as Buc-ee's is the only project, it is joined at the hip to the rezoning
37 question. He said some people will never accept this project, and some people will, regardless
38 of any concerns. He said he currently falls somewhere in the middle. He said he is focused on
39 the human aspect of this project, and the equal access of opportunity. He said he does not
40 know if this is the best project for this parcel, but there have been multiple parties interested in
41 the parcel in the past, but the Applicants have all walked away to adjoining counties. He said
42 one previous applicant has now attracted two major pharma companies to their project in Wake
43 County.
44 Commissioner McKee said one of the reasons he ran for Commissioner in 2010, was
45 due to an anti-business and anti-commercial view he saw being expressed by the a
46 Commissioner at that time. He said that Commissioner stated that Orange County would
47 become the "bedroom community of the Triangle", which is all well and good if one makes
48 $100,000. He said not everybody can afford the taxes on expensive homes. He said for him
49 this boils down to jobs and revenue for the County. He related a story about paying his taxes,
50 where he ran into a woman who was facing a decision about selling a car in order to pay taxes.
51 He said this is not unusual, and Orange County is losing some of its long-term, low-income
29
1 residents who can no longer afford to live in Orange County. He said progress always brings
2 impositions and tradeoffs. He said interstates 85 and 40 run parallel to the project, continuing
3 all the way to Greensboro, and if the project is declined, it will regenerate elsewhere. He said
4 he has seen this happen repeatedly over the past 30 years, and the revenues continue to go to
5 other counties. He said this revenue could be spent on so many needs in Orange County. He
6 said it bothers him that Orange County might be considered a bedroom community. He said
7 Buc-ee's provides a lot of what other companies do not provide. He said there are many
8 companies that do not pay $15 an hour, and this company also gives benefits and 3 weeks of
9 vacation. He said this is an opportunity for a good job that is a stepping-stone to additional
10 success over time. He said people can take one small step at a time, and move from borderline
11 living to decent living.
12 Commissioner McKee described public comments that upset him. He said one speaker
13 said, "I don't care about people 10 streets away". He said he cares about everyone. He said
14 not one African American or Hispanic person spoke against the Buc-ee's project. He said
15 people from both of these communities have called him and emphasized the need for these
16 jobs. He said it was especially insulting to hear from public speakers that a $15/hour job was a
17 dead end job that only allowed you to clean toilets. He said he does not understand this
18 thinking, and does not agree with denigration of individuals looking to improve their situation.
19 Commissioner Greene said she would support not making a decision this evening, giving
20 staff direction to prepare for a future meeting, and the Applicant time to consider
21 conditions/concerns that were raised this evening.
22 Commissioner Dorosin said Michael Harvey's list captured everything that had been
23 raised. He said if there is a possibility that this project will be considered, based on conditions,
24 he would support Commissioner Greene's suggestion. He said if there are 4 commissioners
25 who will vote no to this proposal, no matter what, then there is no point in wasting everyone's
26 time. He said he personally agrees with Commissioner Greene's suggestion.
27
28 A motion was made by Commissioner Greene, seconded by Commissioner McKee to
29 direct staff to develop conditions based on this meeting, and work with Applicant to develop a
30 response to conditions.
31
32 Commissioner Fowler said if there are conditions being added, she would like to add
33 some of her own. She said she wanted to know if significant scaling down is even possible,
34 because if Buc-ee's cannot scale down then further conversation may be a waste of time, and
35 she would be willing to make a motion to deny.
36 Commissioner Bedford said she would like more information on the data and history that
37 the Applicant does have on spills.
38 John Roberts said the Applicant must be allowed time to consider if significantly scaling
39 down is possible, as well to consider the other conditions.
40 Commissioner Hamilton asked if the motion passes does the BOCC have the
41 opportunity to approve or deny the project at a later time.
42 John Roberts said yes, and relayed the process moving forward.
43 Commissioner Hamilton asked if the Board would be voting on individual conditions, as
44 some Commissioner wants certain conditions, while others prefer different conditions.
45 John Roberts confirmed the Board has the ability to consider individual conditions, if it
46 would like.
47 Commissioner Fowler asked if the current motion passes, when does the BOCC get to
48 add additional conditions.
49 John Roberts said the Board members should add any conditions before the motion is
50 voted upon. He said motion could be amended to add conditions by a friendly amendment.
30
1 Commissioner Greene said she would entertain a friendly amendment to the motion to
2 add further conditions, if Commissioner Fowler wanted to add some. She said, alternatively, the
3 Board could vote on the motion as is, add conditions later and push final approval or denial to a
4 future meeting.
5 Commissioner McKee said he would also entertain a friendly amendment.
6 Commissioner Fowler made a friendly amendment to add the condition to lower the
7 signage to 24 feet, as is required under the current UDO. She said she sees no reason for such
8 a tall sign. She said she would also like to add the condition for solar energy options in Phase 1.
9 Commissioner Hamilton made note of the late hour, and that minds get tired as time
10 goes on.
11 Commissioner Greene and Commissioner McKee accepted Commission Fowler's
12 friendly amendment.
13
14 Roll call ensued
15
16 VOTE: Ayes, 5 (Commissioner Bedford, Commissioner Dorosin, Commissioner Fowler
17 Commissioner Greene, Commissioner McKee); Nays, 2 (Commissioner Hamilton and
18 Chair Price)
19
20 MOTION PASSES
21 Bonnie Hammersley said it would be appropriate for this item to return on the February
22 16 Business Meeting agenda.
23 The Board agreed by consensus.
24
25 b. Amendment to the Code of Ordinances — Non-Discrimination Ordinance
26 The Board considered amending the Code of Ordinances to add a Non-Discrimination
27 Ordinance.
28 Commissioner Dorosin introduced the item and provided background on the sweeping
29 measures enacted by the NC General Assembly. He said the national backlash was swift and
30 devastating to NC, both economically and reputationally.
31
32 BACKGROUND:
33 In 2016 the North Carolina General Assembly adopted House Bill 2, widely known as the
34 "bathroom bill." This law had the effect of discriminating against transgender people in the use
35 of public facilities and established a limited statewide non-discrimination law while
36 simultaneously prohibiting local governments from adopting their own non-discrimination
37 ordinances. In 2017 Governor Roy Cooper signed a repeal of the bathroom bill. Among the
38 terms of that repeal was a provision that repealed the prohibition on local governments enacting
39 non-discrimination ordinances, and it provided that local governments could only consider
40 action after December 1, 2020. In early 2020 the Board instructed the County Attorney to draft
41 a nondiscrimination ordinance for consideration by the Board. The draft ordinance was
42 submitted to the Human Relations Commission for review and comment and the Commission's
43 recommendations are incorporated. The attached draft non-discrimination ordinance is offered
44 for the Board's consideration.
45
46 If adopted the ordinance would:
47 • Establish a clear policy of non-discrimination in Orange County.
48 • Create a protected class consisting of persons who may not be discriminated against
49 based on "age (as defined in the Orange County Civil Rights Ordinance), race, ethnicity,
50 color, national origin, religion, creed, sex, gender, gender identity, gender expression,
31
1 marital status, familial status, source of income, disability, political affiliation, veteran
2 status, disabled veteran status."
3 • Prohibit the denial to any person the full and equal enjoyment of the goods, services,
4 facilities, privileges, advantages, and accommodations of a place of public
5 accommodation on the basis of protected class status.
6 • Prohibit the printing, circulation, posting, or mailing of a statement, advertisement, or
7 sign which indicates that the full and equal enjoyment of the transportation, access,
8 goods, services, facilities, privileges, advantages, and accommodations of a place of
9 public accommodation will be refused, withheld from, or denied any person on the basis
10 of protected class status.
11 • Prohibit actions which directly or indirectly result in an individual's bodily injury or
12 property damage where such act is directed at an individual or a group of individuals
13 because of that person's or that group's perceived or actual protected class status.
14 • Require all potential contractors submitting a bid or proposal to certify they do not and
15 will not discriminate against any person based on the protected class status and to
16 require their subcontractors to do the same. Falsification or violation of the certification
17 would result in rejection of the bid or proposal or termination of the contract.
18 • Provide for the same investigation, enforcement, and remedies authorized by the
19 Orange County Civil Rights Ordinance. The relevant enforcement provisions may be
20 reviewed at
21 https://Iibra[y.municode.com/nc/orange county/codes/code of ordinances?nodeld=PT1
22 GEOR CH12CIRI
23
24 A motion was made by Commissioner Dorosin, seconded by Commissioner Greene to
25 adopt the Ordinance and Resolution of approval and authorize the Chair to sign the Resolution
26 amending the Code of Ordinances.
27
28 Annette Moore, Human Rights and Relations Director, emphasized the importance of the
29 ordinance, and thanked the BOCC for its leadership.
30
31 VOTE: UNANIMOUS
32
33 7. Reports
34 NONE
35 8. Consent Agenda
36
37 • Removal of Any Items from Consent Agenda
38 • Approval of Remaining Consent Agenda
39 • Discussion and Approval of the Items Removed from the Consent Agenda
40
41 A motion was made by Commissioner McKee, seconded by Commissioner Greene to
42 approve the consent agenda.
43
44 Roll call ensued
45
46 VOTE: UNANMIOUS
47
48 a. Minutes - None
49 b. Motor Vehicle Property Tax Releases/Refunds
32
1 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle
2 property tax values for five taxpayers with a total of five bills that will result in a reduction of
3 revenue.
4 c. Property Tax Releases/Refunds
5 The Board adopted a resolution, which is incorporated by reference, to release property tax
6 values for fifteen taxpayers with a total of fifteen bills that will result in a reduction of revenue.
7 d. Applications for Property Tax Exemption/Exclusion
8 The Board approved nine untimely applications for exemption/exclusion from ad valorem
9 taxation for nine bills for the 2020 tax year.
10 e. Advertisement of Tax Liens on Real Property
11 The Board received a report on the amount of unpaid taxes for the current year that are liens on
12 real property as required by North Carolina General Statute 105-369 and request March 31,
13 2021 as the date set by the Board for the tax lien advertisement and authorize the Chair to sign
14 the order.
15 f. Request for Road Addition to the State Maintained Secondary Road System for
16 Bennett Orchard Trail in The Orchard Subdivision
17 The Board made a recommendation to the North Carolina Department of Transportation
18 (NCDOT), and the North Carolina Board of Transportation (NC BOT), concerning a petition to
19 add Bennett Orchard Trail in The Orchard Subdivision to the State Maintained Secondary Road
20 System.
21 g. Fiscal Year 2020-21 Budget Amendment#6
22 The Board approved budget, grant, and capital project ordinance amendments for fiscal year
23 2020-21 for Animal Services; Health Department; Department on Aging; and Housing and
24 Community Development.
25 h. Resolution in Support of NCACC Presidential Initiative to Promote Food System
26 Resiliency
27 The Board approved a Resolution, which is incorporated by reference, in Support of NCACC
28 Presidential Initiative to Promote Food System Resiliency and authorized the Chair to sign.
29
30 9. County Manager's Report
31 Bonnie Hammersley highlighted the budget amendment in Consent Agenda for a grant
32 that Carrboro received to be transferred to Orange County for rental and hardship assistance.
33 She said this is a wonderful sign of partnership. She said the Agricultural Summit will be held
34 virtually over 3 days on February 8-10, for 3 hours a day, beginning at 8:30 a.m. She said
35 satellite Internet access will be available for residents at various locations throughout the
36 County.
37
38 10. County Attorney's Report
39 John Roberts said he and James Bryan, Staff Attorney, have been working together on
40 the BOCC request to explore how the LIDO could be amended to encourage more affordable
41 housing in Orange County. He said a report on this item will come to the BOCC at the February
42 16t"meeting.
43
44 11. *Appointments
45 NONE
46
47 12. Information Items
48
49 • December 15, 2020 BOCC Meeting Follow-up Actions List
50 0 Tax Collector's Report— Numerical Analysis
33
1 • Tax Collector's Report— Measure of Enforced Collections
2 • Tax Assessor's Report— Releases/Refunds under $100
3
4
5 13. Closed Session
6 NONE
7
8 A motion was made by Commissioner McKee, seconded by Commissioner Fowler to
9 adjourn the meeting.
10
11 Roll call ensued
12
13 VOTE: UNANMIOUS
14
15 The meeting was adjourned at 11:06 p.m.
16
17
18 Renee Price, Chair
19
20
21 Laura Jensen
22 Clerk to the Board
23
24 Submitted for approval by Laura Jensen, Clerk to the Board.