HomeMy WebLinkAboutMinutes 01-05-2021 Virtual Public Hearing (continued to 01-12-2021) 1
APPROVED 2/16/2021
MINUTES
ORANGE COUNTY
BOARD OF COMMISSIONERS
VIRTUAL SPECIAL MEETING
JANUARY 05, 2021
7:00 p.m.
The Orange County Board of Commissioners met for a Virtual Special Meeting on Tuesday,
January 05, 2020 at 7:00 p.m.
COUNTY COMMISSIONERS PRESENT: Chair Renee Price, Vice Chair Jamezetta Bedford,
and Commissioners Amy Fowler, Jean Hamilton, Mark Dorosin, Sally Greene, and Earl
McKee
COUNTY COMMISSIONERS ABSENT: NONE
COUNTY ATTORNEYS PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
Travis Myren, Clerk to the Board Laura Jensen, and Assistant Deputy Clerk II Allen Coleman
(All other staff members will be identified appropriately below.)
Due to current public health concerns, the Board of Commissioners is conducting a Virtual
Special Meeting on Tuesday, January 05, 2021. Members of the Board of Commissioners
participated in the meeting remotely. As in prior meetings, members of the public were able to
view and listen to the meeting via live streaming video at
http://www.orangecountync.gov/967/Meeting-Videos and on Orange County Gov-TV on
channels 1301 or 97.6 (Spectrum Cable).
1. Call to Order
Chair Price called the meeting to order at 7:00 p.m., and asked Commissioners to
accept a roll call.
Roll Call ensued.
VOTE: UNANIMOUS
2. Introduction of Laura Jensen, New Clerk to the Orange County Board of
Commissioners
Chair Price informally introduced Laura Jensen, the new Clerk to the Board. A formal
introduction will take place at the January 19, 2021 business meeting.
BACKGROUND:
Over the course of several meetings the Board of Commissioners reviewed a number of
applicants to fill the position of Clerk to the Board, a position reporting directly to the Board of
Commissioners. Upon interviewing the final candidates for the position the Board of
Commissioners selected Laura Jensen to fill the position and Ms. Jensen accepted the offer of
employment. Ms. Jensen has thirteen years of progressively responsible local government
experience. She has served as Interim Assistant County Manager in Person County and
currently serves as the Assistant Finance Director and Budget Manager.
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3. Reconvene the Continued Public Hearing from the December 15, 2020 —Virtual
Business Meeting — Item 5-b Zoning Atlas Amendment: Master Plan Development
Conditional Zoning District (MPD-CZ) for Efland Station (Formerly Beaver
Crossing)
Chair Price reviewed the following:
BACKGROUND:
On August 7, 2020 a Zoning Atlas Amendment application was received proposing to rezone 2
parcels, further identified utilizing Orange County Parcel Identification Numbers (PIN) 9854-16-
1576 and 9854-36-3711. Specifically, Buc-ee's Limited is seeking to rezone 2 parcels totaling
approximately 104 acres to Master Plan Development Conditional Zoning (MPD-CZ) district. As
indicated herein, due to the size of the application, it is available electronically on the County
website at: https://www.orangecountync.gov/1722/Current-Interest-Projects. This was a
continuation of the public hearing on the application from December 15, 2020.
Chair Price reviewed that the Board of County commissioners received the Planning
Board/staff recommendation and opened the public hearing at the December 15t" meeting. The
Board was asked to reconvene the continued public hearing, receive public comments, and then
continue the public hearing to January 12, 2021.
RECOMMENDATION(S): The Manager recommends the Board:
1. Reconvene the continued public hearing;
2. Hear from the scheduled speakers;
3. Continue the public hearing to January 12, 2021 at 7:00 pm; and
4. Remind the public that anyone may continue to provide written comments to all
Board members by sending an email to ocbocc@orangecountync.gov
A motion was made by Commissioner McKee, seconded by Commissioner Greene
to continue the public hearing from December 15, 2020 and open the floor for public comment.
Roll call ensued.
VOTE: UNANIMOUS
PUBLIC COMMENT:
Kaye Brown said she is a licensed contractor and horse farm owner close to the
proposed Buc-ee's site, and feels that the data presented in the proposal is inaccurate. She
said the majority of Buc-ee's business must come from the sale of a large amount gasoline.
She said Buc-ee's will also employ people in low wage jobs that typically have high turnover
rates. She said residents of Efland are not looking for these type of jobs, as most are older and
well educated. She said Efland is a well-established and committed community, made up of
many African American homeowners. She urged the Board of County Commissioners (BOCC)
to deny the rezoning request.
Melissa Marsh said she has lived in Efland for a long time, and is stunned that the
BOCC is even considering the Buc-ee's proposal. She said this proposal is in conflict with the
area plan, and urged the Board of Commissioners to deny the rezoning request, based on the
possible impact on the community's character due to public safety issues, environmental
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effects, and quality of life. She said Buc-ee's will be a blight on the landscape and character of
the area, and this is a generational decision that may be the legacy of this BOCC.
Arthur Sprinczeles read from a news article that expressed the positive benefits in
communities that have Buc-ee's stores. He cited positive economic benefits to other
businesses in the area because of Buc-ee's.
Richard Ward said he is a resident and business owner on Ben Johnston Rd, and
expressed that gasoline powered vehicles are not the future of transportation. He said he is
frustrated over the review process of the plans by the Planning Department, and said the public
was banned from an open meeting, amongst other violations. He opposed this project and
urged the BOCC to listen to its constituents and vote no.
Rhonda Parker said she is the former director of Camp Chestnut Ridge, and this land
was properly zoned years ago, and specifically prohibits gas stations. She said this zoning
should be preserved. She said she looked at the area plan, and finds the Buc-ee's proposal to
be in direct conflict with it. She said the Efland community wants to stay unique and any
development should be in line with the character of the residents and the desire to preserve the
environment, as well as being sustainable for generations to come. She urged the BOCC to
wait for a better development opportunity.
Anne Shortliffe read the following comments:
Good Evening. My name is Anne Shortliffe. For the past 37 years, I have lived on Ben
Johnston Road, a little over a mile from the proposed Buc-ee's site. I expect change and I
understand the need for development in Orange County. However, placing 120 gas handles on
a protected watershed is a needless development that harms the current residents and
businesses of our county. There are presently 20 different stations and 203 gas handles in the
15 miles of interstate highway between Hillsborough and Haw River. The supply is diverse and
stable, and the competition creates some of the lowest prices in the state. If there is no need for
further access to gasoline, why would we accept the increased air, water, noise and light
pollution created by the traffic chaos Buc-ee's would bring to our local community? Think of the
fumes from all the exhaust pipes as cars sit and wait for Buc-ee's traffic lights. Climate change,
brought on by fossil fuel consumption, has caused a substantial increase in the frequency and
intensity of hurricanes in our state. Ask yourself how Buc-ee's high tech storm water system
would handle a Hurricane Florence scale rain event. It won't. Be aware it only takes 1 gallon of
gasoline to poison 1 million gallons of water.
The market for transportation in this nation is rapidly moving to hybrid and electric
vehicles. Buc-ee's is part of a dying industry in a changing world. The Orange County Board of
Commissioners has committed to following the Paris Climate Accord and to switch to 100%
renewable energy by 2050. If these commitments are more than mere window dressing, you
simply cannot put the largest gas station in the world in our county.
The traffic problems created by Buc-ee's have been spelled out in many letters to the
Board, including one from our neighborhood that was signed by 19 residents and 11
businesses. If you haven't read this yet, please do. Buc-ee's 25,000 daily car trips will create
chaos at the merge of the 2 most dangerous highways in North Carolina. As someone who
uses exit 161 regularly, I can assure you it's already neither easy nor safe. Buc-ee's will make
this dangerous situation even worse.
Buc-ee's claims to pay up to $15 per hour for entry level jobs, but these are dead end
jobs. Buc-ee's clearly states that management positions will be filled by residents of Texas. We
need jobs that offer career development oriented to the future. Scrubbing toilets at Buc-ee's
prepares you to scrub toilets somewhere else. Forward-looking development, such as the light
industry, office, and retail activities that are permitted under current zoning regulations, also
create substantially less disruptive traffic patterns.
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Finally, the current UDO specifically calls for the retention of Efland's rural character. It
is hard to imagine a development that is in greater contradiction of that goal than Buc-ee's. I am
counting on the Commissioners, to be faithful to the past promises you have made to this
county and your constituents.
Alison Jones said she is a life long resident of Orange County, and lives near the
proposed Buc-ee's site. She expressed concerns about the size of the project, as well as the
possible environmental impact, which has not yet been completely studied. She cited the
impact on the Eno River. She urged the BOCC to deny the rezoning request.
Tim Spruill said he is a hydrologist, and has lived in Efland over 20 years. He said the
current zoning specifically prevents a travel center, such as the one proposed. He said he is
concerned about the negative impact on the water supply, and the review process from the
Planning department. He said this project is irresponsible and wrong for Orange County. He
cited the BOCC's commitment to the Efland/Mebane area and to curbing climate change, and
said voting to approve would be in violation of those commitments. He urged the BOCC to keep
the current designation, and vote no to rezoning.
Megan Doherty said she is a sustainable studies student at UNC, and a resident of
Chapel Hill. She said she is stunned and disappointed by the proposal. She said North
Carolina is known for two good universities, Duke and UNC, and does not want to add Buc-ee's
to that list. She said the State is committed to the Paris climate accord to curb climate change,
and this proposal is not aligned with that commitment. She urged the Board to stand with the
residents expressing that the proposal be denied.
Asher Skeen said he lives in Carrboro, and urged the BOCC to vote no the rezoning
request. He discussed the poor working conditions at Buc-ee's for its employees. He said the
company has sociopathic numbness towards Buc-ee's employees, with shifts lasting 10 hours
and no true breaks. He said work life balance does not exist, there are no raises, and
managers bully and bash on staff members. He quoted several reviews from Buc-ee's
employees and asked that the proposal be denied.
Hope Horton said she is resident of Cheeks Township, and this proposal stands in the
way of the kind of development the County needs and deserves. She quoted various positions
that members of the Board of Commissioners have taken on economic development being in
line with environmental stewardship and the culture of the community. She said this proposal
violates many of these statements, and is not worth what Buc-ee's is asking the County to
sacrifice: clean water, sustainable future, quality of life, etc. She urged Commissioners to vote
no on the proposal.
Mary McLaughlin said she is a newer resident of Mebane, and moved here due to an
attraction to Orange County's commitment to the environment and its residents. She said she is
concerned that Buc-ee's focused more on the number of cars that travel through the area,
rather than the community and character of the area. She said it makes no sense to disrupt the
community and traffic patterns, for the sake of underground gas tanks. She said she uses Ben
Johnston Road, and the traffic changes proposed will make her ability to travel home more
difficult, and she will have to use the highway more to get to and from work. She urged the
BOCC to consider the impact to the Efland community when making its decision.
Bill Riley said he is a 30-year resident of Efland, and does not support the rezoning
request. He said he attended the Orange County Planning Board meeting in November 2020
on the proposal, and felt there was no discussion between the board and the applicant and that
public input was merely tolerated and not incorporated into the process. He said the speed of
the decision made him feel that the attendees' concerns were not listened to. He said the
BOCC should postpone any decision until neutral parties can do greater research, and the
experiences of other communities that have hosted Buc-ee's can be considered. He said this is
a decision to make substantial changes to a fragile area in a rural community.
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Lamar Proctor said he is an attorney, and lives 5 miles from the site in Efland. He said
he did a deep dive into all pertinent County documents pertaining to this proposal, and sought to
give the Buc-ee's application a fair shake. He quoted a portion of the ordinance that relates to
the development, and said the application is very problematic regarding the ordinance,
especially as it pertains to water. He said the water usage cited by the Applicant is not
accurate. He said there are other issues as well, including traffic. He said his parcel will be
developed, but the County can do better. He urged the BOCC to deny the rezoning request.
David McDuffie said he is speaking on behalf of the Environmental Ministry Committee
of the Episcopal Diocese of NC, who opposes the development of Buc-ee's. He said the
proposal will violate the desire to protect the environment and be good stewards of God's
creation. He said this project will effect the water supply, damage air quality, wildlife habitat,
drastically increased impervious surfaces, etc. He said this project is also simply not needed,
as there are sufficient fueling stations in the area already. He said gasoline is not a part of the
future. He said he is also a resident of Orange County, and this project does not represent the
character of the community, and will offer short-lived economic gain at too great a cost.
Margret Mueller said she lives off of Mt. Willing Road, and regularly travels in the area
near the proposed project. She said she has enjoyed listening to the comments of others, and
the community is better if we listen to a wide range of voices. She said she was moved by a
comment made by a lifelong Efland resident in a previous meeting that expressed support for
the proposal. She said it caused her to consider how her position is related to her privileges,
and to focus on what may be a better way to develop the land, as opposed to just voicing
dissent to this plan. She said Buc-ee's is a regressive and shortsighted development, but she
does not want the BOCC to ignore Efland's cry for help. She said development is necessary,
and asked the BOCC to consider what type of development meets the needs of the community
and can be respectful. She said the BOCC is committed to moving away from fossil fuels, and
this project is simply not the best use of this property.
Tom Allison said he is a lifelong resident of Efland, and agreed with many of the
comments of previous speakers. He said the BOCC is the only arbiters for the Efland
community, and he urged the BOCC to not overlook the potential problems. He said Eno River
and Seven Mile Creek, both of which will be impacted by water pollutions, border the proposed
site. He said extra revenues from Buc-ee's will not outweigh the revenue losses to other area
businesses.
Benny Cecil said he is speaking on behalf of the Efland community, and in support of the
Buc-ee's development. He said Buc-ee's has complied with the regulations and will bring in $2
million in local revenue, including $30,000 in revenue to the Efland fire station. He said area
churches and business will get free advertisement due to Buc-ee's. He said he is concerned
that those who do not live in Efland are the ones protesting against the development. He urged
the BOCC to approve the rezoning request, due to the benefits to travelers and local residents.
Lucy Lewis said she is a lifelong Orange County resident, and opposes the rezoning
proposal due to the unhealthy impact to the community and the watershed. She said working
conditions at Buc-ee's are horrendous, and she opposes continued reliance on fossil fuels. She
said she stands for the kind of community in which residents want to live and work. She said
she supports development, but encouraged the Economic Development office to attract a better
proposal for this area.
Heather Smith said she has lived in Efland for 5 years, and expressed support for
existing zoning that protects both the community and environment. She said corporations with
no connections to the area cannot dictate a community's future. She said this type of
development displaces residents and renters, and existing zoning helps to protect residents
from predatory developments. She said the community is being quite literally gaslit by
development plans. She said she does not want Orange County to be collateral damage, and
rejects tokens like the Efland name going on the sign.
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Andrea Riley said most of the arguments in favor of the Buc-ee's proposal are for
increased tax revenue and more jobs in the Efland area. She said the quality of the
employment offered is not worth it. She quoted several Buc-ee's employees frustration with the
employment practices, noting many of the employees are college students. She said gas
stations are not allowed in this area, due to the current zoning. She said Buc-ee's is sweetening
the deal by suggesting their presence will bring a hotel, bank and other features to the site, but
these are not guaranteed, and cannot be required. She said the only guarantee is that Buc-ee's
will be built. She said 50% of existing Buc-ee's are surrounded by open land, and no other
businesses. She said most Buc-ee's are in Texas, where there is a lot more land.
Michelle Pope said she is a resident of Efland, and supports the rezoning request. She
said Buc-ee's fuel tanks are double-walled, and Buc-ee's has a fuel water separator before fuel
and debris meet the watershed. She said current gas stations in the area are not this
advanced. She said the traffic impacts will not affect most of Efland, and Buc-ee's is paying for
traffic improvements. She said Buc-ee's will support the community and local vendors, and
offers multiple types of fuel and electronic vehicle charging stations. She said Buc-ee's will
assist in getting better internet for the area. She said there are no regulations on development
in a high quality water area, as long as regulations are met, and Buc-ee's has agreed to the
meet those regulations.
Lorri Drozdyk said she has lived in Northern Orange County for 29 years, and asked the
BOCC to deny the rezoning request. She said a gas station of this size is not needed for the
community, and it is inconsistent with many positions of the County. She urged the BOCC to
represent the County and not Buc-ee's. She said she is concerned about added traffic
congestion, but he greatest concern is those residents who live nearby, and the County as a
whole. She said Buc-ee's size is absurd, and this is not the type of business these residents
need. She said she has grave concerns with nearby residents with wells, and problems happen
even with the best design. She urged the BOCC to be good stewards of the land, community,
and values and oppose the rezoning.
Blake Tedder said he is a 17-year resident of Orange County, and lives in Hillsborough.
He said he is opposed to the rezoning proposal, and Buc-ee's will not help the community, and
compared it to South of the Border. He said fossil fuels are a bygone era, and Buc-ee's will
make Orange County look like hypocrites in the future when it takes any action to protect the
environment. He said the western doorway into Orange County will be known as the "Buc-ee's
exit" leading to litter and tacky advertisements on the interstate for hundreds of miles around.
He urged the BOCC to vote no to rezoning.
Barney Caton said he serves on the Hillsborough Tourism Board (HTB), and read a
letter from this board. He said the HTB is interested in the project and finds potential
opportunity. He said the HTB would like to work with Buc-ee's to attract customers to
Hillsborough for dining and shopping opportunities. He thanked the BOCC for its thoughtful
consideration of the project.
Ronnie Pope said he is a lifelong resident of Efland, as well as a business owner. He
said he is in favor of the proposed project, as it offers sustainable jobs, and is a sustainable
company that grew in the awful year that was 2020. He said Buc-ee's has no reported gas
leaks, and carefully monitors environmental impacts. He said many projects have been
proposed for this area over the past 20 years, but have moved on elsewhere. He said most of
Orange County's businesses are in Chapel Hill, and this business is willing to invest in a
different part of the County, and is willing to meet all necessary requirements.
Margo Lakin said she is opposed to the rezoning request, and quoted statements from
Commissioners' campaign websites about commitment to the environment. She said Buc-ee's
is in direct conflict to such a commitment to the environment. She said Buc-ee's monitoring
systems only monitor and warm, they do no prevent environmental damage, and anyone should
expect answers for these concerns. She highlighted several questions about how Buc-ee's will
prevent and respond to failures. She urged the Board to demand better, sustainable, and
intelligent development for the constituents. She said this is wonderful land, and not worthless.
Paul Pepin said he lives in rural Orange County near the Cane Creek Reservoir. He
said he has witnessed progressive actions to protect this area, and discussed previous efforts to
protect watersheds in Orange County. He said well owners depend on Orange County to
protect the water. He said the rezoning proposal is the equivalent of 10-15 gas stations in one
area, and even small spills by consumers add up every day. He said clean water is priceless,
and contamination takes years to remediate. He said the contrasts between Orange County's
efforts to protect water in Chapel Hill and Carrboro versus Efland is noticeable, and wondered
why there is such a disparity.
Chris Smith said his home is 350 feet away from landscaped border of the proposed
property for development. He said Buc-ee's is a mirage, and does not make sense
economically, environmentally, or aesthetically for Efland. He said he fails to see how the
proposal meets the desire to lessen the impact of climate change on the community. He said
noise, light, and visual pollution are inevitable. He showed climate change maps to the
Commissioners, and cited studies of how gasoline runoff affects water supply. He urged the
BOCC to deny the rezoning, and said costs to mitigate climate change will be on residents, not
Buc-ee's. He said Orange County can do better than a Buc-ee's.
Diana Montgomery said she has been an Efland resident since 1997, and is a science
educator. She said current zoning was thoughtful, and well informed by the public. She said
this proposal does not provide needed services, does not adhere to ideals, and does not lift
people up, but rather brings them down. She asked if the BOCC will provide information to the
Commission for the Environment, and who will investigate Buc-ee's employment practices. She
said Buc-ee's own application cannot be the only assessment tool. She said this gateway to
Orange County could be a model for sustainable development, and become an important
regional transit hub for the area.
John Preyer said he lives on Orange Grove Rd. He said he chooses to live in Orange
County because he loves it, as it a uniquely diverse place where all share a love for the area.
He said the worries about the proposal are misplaced, and would hope residents can have an
open mind. He said he works in environmental and permitting compliance, and learned of Buc-
ee's 12 years ago when working in Texas. He said he has never seen an environmentally
sensitive watershed located between a highway and a railroad bed. He said he visited a Buc-
ee's in Texas, and described the quality of Buc-ee's stores. He said he visited several locations
around Texas, and the reason he kept going was how consistently clean the stores were and
how fun it was to walk around inside of them. He said it is hard for people who have not been in
the store to appreciate this. (At this point the commenter's video feed stopped, and he restarted
his comments later in the meeting).
Dr. Bob Lee said he has been a Cedar Grove resident for 25 years, and asked the
BOCC to deny the rezoning request, due to health and safety concerns. He said water supplies
for Hillsborough and Raleigh could be affected. He said the elimination of the highway exit
could be detrimental to the community. He said improvements to the highway exit would be
helpful, with a true braiding design of the ramps. He said the proposed stoplights will back up
traffic, and make it more difficult for public safety vehicles to travel. He said the current zoning
allows for all that is needed, without changing it. He urged the BOCC to vote no to Buc-ee's.
Janine Zanin said she has lived 1.7 miles from the proposed Buc-ee's site for 15 years.
She said the benefits of the recent Medline project outweighed the costs, but this proposal does
not. She said the two sources of potential revenue are property tax and sales tax, but she
questions if Buc-ee's numbers are accurate. She referred to Denton, Texas, where Buc-ee's
did not meet its expected tax valuation. She said she does not believe this development will
meet property tax projections, and questions if sales tax projections are accurate. She asked
the BOCC to read a letter submitted by her husband.
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Del Ward said he is a 26-year-old musician who has lived on Ben Johnston Road for
almost his entire life. He said he is absolutely baffled that Orange County is considering this
development. He said there are many concerns with this project, but his greatest concern is the
traffic projections. He said 25,000 new car trips will be added to area each day with the
development. He said there are concerns about safety with the increased number of cars, as
well as delays associated with increased cars to buses, commuters, and public safety vehicles.
He said Efland residents daily use the highway exit that will be closed. He expressed frustration
with the Planning Department's process for review of project. He said Buc-ee's will put the lives
of Orange County constituents at risk, and urged the BOCC to deny the rezoning request.
Miriam Thompson said she is an Orange County resident, and a strong supporter of
Voice for Efland. She urged the BOCC to pay close attention to the comments, letters, and
testimonies citing concerns on traffic, revenue impacts, environmental issues, developer's
history of workforce abuse, etc. She said community groups have ideas that more readily align
with County's visions and plans.
Nicholas Trombetta said he is opposed to the proposal by Buc-ee's, and reacted with
shock and horror to hear that world's largest gas station might be built in Efland. He said
Governor Cooper has made commitments to reduce gas emissions, and approving a gas station
would show that Orange County has made false promises to reduce emissions. He said Efland
is a small town, and this is a large-scale operation. He said Efland does not have the
infrastructure to support such a development. He urged the BOCC to pursue development that
will bring lower traffic, but greater pay.
Patricia Roberts said she moved to Efland in 1996, and she is really excited by the idea
of Buc-ee's. She said land near the interstate is where this type of development should occur,
so that people do not have to drive further into the countryside for these services. She said
Orange County is not using its interstate exits well, and Buc-ee's would be a good use of
interstate space.
John Preyer (continued comments from earlier in the evening) said people that have
never been to a Buc-ee's cannot understand, because there is nothing else comparable. He
said he wants to see Orange County's quality of life protected, but he wants to make a point to
his neighbors, that criticizing the quality of Buc-ee's jobs is pretty easy when one has a steady
job. He said these jobs would be a Godsend to folks looking for work right now. He said some
people might benefit from these jobs more than you might think. He said he does not work for
Buc-ee's, and gives his opinion voluntarily.
A motion was made by Commissioner McKee, seconded by Commissioner Hamilton to
continue the public hearing on this item to January 12, 2021.
Roll call ensued.
VOTE: UNANIMOUS
RECESS
A motion was made by Commissioner Fowler, seconded by Commissioner McKee to
recess the special meeting at 9:10 p.m., and reconvene on Tuesday, January 12, 2021 at 7:00
p.m.
Roll call ensued
VOTE: UNANIMOUS
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CONTINUED VIRTUAL SPECIAL MEETING
JANUARY 12, 2021
7:00 p.m.
The Orange County Board of Commissioners met for a Continued Virtual Special Meeting on
Tuesday, January 12, 2020 at 7:00 p.m.
COUNTY COMMISSIONERS PRESENT: Chair Renee Price, Vice Chair Jamezetta Bedford,
and Commissioners Amy Fowler, Jean Hamilton, Mark Dorosin, Sally Greene, and Earl
McKee
COUNTY COMMISSIONERS ABSENT: NONE
COUNTY ATTORNEYS PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
Travis Myren, Clerk to the Board Laura Jensen, and Assistant Deputy Clerk II Allen Coleman
(All other staff members will be identified appropriately below.)
Due to current public health concerns, the Board of Commissioners is conducting a Continued
Virtual Special Meeting on Tuesday, January 12, 2021. Members of the Board of
Commissioners participated in the meeting remotely. As in prior meetings, members of the
public were able to view and listen to the meeting via live streaming video at
http://www.orangecountync.gov/967/Meeting-Videos and on Orange County Gov-TV on
channels 1301 or 97.6 (Spectrum Cable).
1. Call to Order
Chair Price called the meeting to order at 7:00 p.m. and asked Commissioners to accept
a roll call.
Roll Call ensued.
VOTE: UNANIMOUS
2. Reconvene the Continued Virtual Special Meeting from January 5, 2021
Chair Price asked for a motion reconvening the continued virtual special meeting from
January 5, 2021.
A motion was made by Commissioner McKee, seconded by Commissioner Fowler
to reconvene the special meeting from from January 5, 2020, and open the floor for public
comment.
Roll Call ensued.
VOTE: UNANIMOUS
3. Reconvene the Continued Public Hearing from the December 15, 2020 Virtual
Business Meeting and January 5, 2021 Virtual Special Meeting — Item 5-b—Zoning
Atlas Amendment: Master Plan Development Conditional Zoning District (MPD-CZ)
for Efland Station (formerly Beaver Crossing)
Chair Price reviewed the following:
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BACKGROUND:
On August 7, 2020 a Zoning Atlas Amendment application was received proposing to rezone 2
parcels, further identified utilizing Orange County Parcel Identification Numbers (PIN) 9854-16-
1576 and 9854-36-3711. Specifically, Buc-ee's Limited is seeking to rezone 2 parcels totaling
approximately 104 acres to Master Plan Development Conditional Zoning (MPD-CZ) district. As
indicated herein, due to the size of the application, it is available electronically on the County
website at: https://www.orangecountync.gov/1722/Current-Interest-Projects. This was a
continuation of the public hearing on the application from December 15, 2020.
Chair Price read the following: the Board of County Commissioners (BOCC) received the
Planning Board/staff recommendation and opened the public hearing at the December 15tn
meeting. The Board continued the public hearing on January 5, 2021, received public
comments, and recessed the public hearing until January 12, 2021. The Board is asked to
reconvene the continued public hearing, receive public comments, and then close the public
hearing.
RECOMMENDATION(S): The Manager recommends the Board:
1. Reconvene the continued public hearing;
2. Hear from the scheduled speakers;
3. Close the public hearing; and
4. Remind the public that anyone may continue to provide written comments to all
Board members by sending an email to ocbocc@orangecountync.gov
A motion was made by Commissioner Bedford, seconded by Commissioner McKee
to reconvene the continued public hearing from December 15, 2020 and January 5, 2020 and
open the floor for public comment.
Roll call ensued.
VOTE: UNANIMOUS
PUBLIC COMMENT:
Rachel Heller said she is a 27 year resident of Orange County, and strongly opposes the
proposed rezoning for the Buc-ee's project. She said it offers nothing to meet community
needs, and would create air, water and 24/7 light and noise pollution, taking Orange County in
exactly the wrong direction. She said a fossil fuel based, car centric, economic model work will
not work, and the County must focus on a sustainable model. She said she is shocked that this
proposal has gotten this far. She said the BOCC adopted a resolution to transition to renewable
energy by 2050, and must keep this promise. She said she does not understand how the
County can even consider this proposal without an impact study. She said the project will use
so much water, and she wonders if the County will have to fight for water with Buc-ee's. She
said she is very concerned about the inevitable traffic complications, of which Buc-ee's has a
history. She said Buc-ee's also has a history of indentured servitude jobs, with very poor
conditions for its workers including a "moment" break. She said this seems illegal.
Kevin Brooks said he is the current chief of Efland Volunteer Fire Department. He said
the Efland Fire Department does not endorse candidates, projects, or any other issues. He
said, as the chief, he wrote a letter expressing his support of the Buc-ee's project, which
remains true. He said he wanted to address some of the things that have been said about the
Efland Fire Department, including the alleged acceptance of a $30,000 bribe, which is
absolutely horse hockey, and plain not true. He said if the Buc-ee's proceeds, the fire
11
department will receive revenue from the fire tax, as it does from all other businesses. He said
the traffic issues that will allegedly interfere with response times are also untrue. He said the
fire department is modern and can respond effectively. He said he cares deeply about this
community, and is disappointed that people are questioning his integrity. He said the fire
department has served its community well, and will continue to do so. He said he supports the
project, as it will bring development near the highway, allowing the rural areas to remain rural.
Hannah Adelman said if the request to rezone this site is approved, the citizens in Efland
will have no further voice in how the town of Efland develops, and neither will the BOCC. She
said Buc-ee's is not the right development for Orange County, and it will harm residents. She
said the potential commuter headache that Buc-ee's will cause will slow down residential
development. She urged the County to pursue sustainable development.
Rob Golan read the following comments:
Good Evening Commissioners. My name is Rob Golan and I'm a long-time Efland
resident who is opposed to Buc-ee's, but in favor of thoughtful growth that will benefit everyone.
For the last couple of months, we have all received a steady stream of information warning of
the negative impacts a Buc-ee's travel center could have on our community and beyond. Of
course, it's all about money in the end. Is Efland being seen by government as a convenient,
inconsequential, and compliant cash cow for all of Orange County?
When my property tax notice came in yesterday, I thought about how much money my
wife and I have put into the county till over the last 25 years. Though we're just middle class
folk, the total amount we have paid in taxes is considerable when added up. All Orange County
households that pay their property taxes deserve a big fat "thank you" for their steadfast support
of local government and its programs. But, those of us in Efland, despite our support of the
county, might instead be gifted an obscene mega gas station that will do nothing to lower
existing tax bills while possibly lowering our property values. We have literally invested in
Orange County for decades and, as concerned citizens, we request that you really listen to us,
your constituents, in turn. It has been argued that Buc-ee's will solve unemployment in Efland.
After all, $15/hr. jobs with benefits are a mighty tempting carrot for the unemployed regardless
of work conditions. I struggled with under-employment years ago, living in fear and under
constant stress. I know life on the edge only too well. People without work want work. Our
neighbors in need deserve a future without built-in boundaries. Let us seek responsible
development that will bring in jobs that won't close the door on real advancement. The
unemployment rate in our country is below the state average and a better future for Orange
County is certainly possible without Buc-ee's in our midst.
There has been a lot of talk about Orange County's resources lately and,
commissioners, I would suggest you consider one asset that remains woefully un-tapped: the
people of greater Efland. I have been blown away by the talent, knowledge, compassion, and
energy of the folks fighting Buc-ee's and its self-described "invasion" of our state. Here in
Efland, there is an incredible pool of potential board members, policy-makers, and, indeed,
future county commissioners. These people are passionate about the well being of Efland in
particular and our state as a whole. Orange County's governing bodies and advisory boards
would do well to collaborate with these remarkable citizens who have demonstrated energetic
and informed leadership during the present crisis. Please vote a resounding "NO" to Buc-ee's,
work with the people, and help bring us all a better future.
Kevin Brown said he has lived in Orange County for 27 years, and is lead IV pharmacist
at Duke Regional hospital. He said Orange County is a forward thinking county, and petroleum
based fuels are not part of the future. He said building a huge gas station near a protected
watershed is a remarkably bad idea. He said the Buc-ee's promise to improve the highway exit
is frankly rubbish. He said there will be a great increase in traffic at the highway interchanges
12
due to Buc-ee's, and he is concerned the federal highway commission may deny necessary
requests to accommodate Buc-ee's. He said previous speakers have referenced the poor
working conditions at Buc-ee's. He said one issue that has not been pointed out is the vulgarity
of the Buc-ee's mascot, a Beaver, which is a vulgar and misogynistic euphemism for a vagina.
He said he does not want to have to explain this to his grandchildren. He urged the BOCC to
vote no.
Matt Cartmill said he owns a small horse farm near Efland, and wants to discuss phase
two promises, on which Buc-ee's supporters dwell. He said there are claims of hotels, medical
offices, etc. He said the word gasoline is not mentioned for some time on the Efland Station
website, but 2/3 of Buc-ee's money is made by selling gas. He said Buc-ee's is about selling
gas, and phase 2 is an aspirational dream. He said he surveyed existing Buc-ee's sites using
Google aerial maps, and 48% of Buc-ee's have no neighbors. He said those that do have
neighbors, have fast food drive-thrus. He said decent development in the area does not
happen, because people do not want to locate next to a giant gas station. He said restaurants
etc., are already allowed on this land under the current zoning, but gas stations are not. He
urged the BOCC to vote no to rezoning.
Jared Cates said he is very concerned about the roughly 37 thousand gallons of fresh
water Buc-ee's will use daily. He said this estimate is not based on actual use, but rather typical
uses, and he thinks actual use will be much higher. He said 12,000 people per day will use an
estimated 21.6 thousand gallons of water just for flushing toilets and hand washing. He said the
UDO limits Industrial water use to less than 10,000 gallons a day, which Buc-ee's will obviously
exceed. He said the BOCC should look closely at this issue, and wonders if there is an attempt
to hide the water usage. He urged the BOCC to vote no.
Kathy Kaufman said she serves on the Orange County climate council, and is a retired
Air Quality specialist with the EPA. She thanked the BOCC for asking the CFE to evaluate the
proposal. She asked if Buc-ee's represents what Orange County wants its future to look like.
She said this area serves as a public water supply for Hillsborough residents, and the usage by
Buc-ee's will have critical impacts. She said there are high risks of leaks and spills, runoff into
ground water, and high carbon emissions. She said this project will make a mockery of Orange
County. She said Buc-ee's jobs only pay$15 an hour, with poor working conditions, and the
BOCC should look at Buc-ee's record in Texas. She said there is no commitment to build
anything but a travel center, and asked if Buc-ee's is the best Orange County can do.
Jon Lorusso said he lives in Hillsborough, and wants to voice his opposition to the Buc-
ee's proposal. He said he spoke two months ago about his opposition to RTLP, and he has
similar concerns with this project. He said he understand the County needs tax dollar revenue,
and the impacts of the pandemic are not fully known. He said Buc-ee's is a Texas company
that is interested in taking money back to Texas. He said Orange County needs to think about
itself and invest in local business owners. He said Buc-ee's will not care about the pollution it
will cause in NC, but a local business owner will care about the environment, the impact to their
neighbors, and a sustainable economy. He urged the BOCC to vote no.
Kim Piracci said she serves on the Planning Board, and the Planning staff and
Developer did a really good job selling this project to the Planning Board, and she voted in favor
of the application. She said since that time, she has heard an outpouring of concerns. She said
at the November Planning Board meeting, the Developer stated this project was not in the upper
Eno critical protected watershed, which is true, but the Developer did not say this property has
two tributaries that empty into the 7 mile creek, which serves as a water supply for Hillsborough
and ultimately Raleigh. She said research shows that small spills, less than 40 gallons, do not
need to be reported to local agencies or the State. She said when she connects these dots,
multiple small spills could add up to a lot of gasoline spilling into Hillsborough drinking water.
She said Buc-ee's has never had a reportable fuel spill, which she now knows is not the same
13
thing as never having a spill. She said she wishes she could rescind her affirmative vote, and
urged the BOCC to vote no.
Geri LaPlaca said she was shocked as she read the details about this proposed project.
She said Buc-ee's is an ugly addition that could destroy the unique aspects of this area. She
said the world is at a critical time period in history, and the County must commit to reducing
fossil fuels. She said the light, noise, air and water pollution will have severely negative
impacts. She urged the BOCC to explore sound development, and vote to deny this request.
Carol Stanton said the Buc-ee's project goes against the Orange County commitment to
sustainable development. She said this tract of land is large enough to accommodate mixed
uses: affordable housing, shops, offices, perhaps a drive in movie theater or roller skating rink.
She said the Buc-ee's gas stations are huge eyesores, and do not benefit those who live in
Orange County. She said this land should not be sold to out of state people who are litigious,
with poor employment conditions. She said Buc-ee's has the "soul of a 7/11 and the footprint of
a Walmart". She highlighted many concerns stated by previous speakers. She said she moved
to Efland 20 years ago, and she hopes to live out her life here without seeing a Buc-ee's from
Texas. She urged the BOCC to please vote no.
Edna Tan's daughter spoke against the Buc-ee's development, saying it is a bad idea to
have Buc-ee's, as it will be bad for humans and animals. She said animals play a big role. She
said she and her siblings visit their aunt and uncle every year in Efland to study salamanders:
counting egg nests, and observing salamanders in their natural habitat. She said she and her
siblings get to hold the adult salamanders and learn about their skin, and can only use their
eyes at a museum. Her brother said children need to experience animals in their natural
habitats, and salamanders are very important to an ecosystem, and to humans as pest control.
He said salamanders are beautiful creatures, at risk of extinction. He said humans are not the
only species on this earth, and we are charged to respect our environment. He urged the
BOCC to protect the environment, children's opportunities to learn, and to please vote no to 120
gas stations.
Erica Cartmill thanked the BOCC for listening to all comments. She urged the BOCC to
vote no to the rezoning proposal. She said the area around the Seven Mile creek serves as an
animal corridor. She said her family's farmland backs up to the site, and it feels like paradise.
She said she sees animals like salamanders and owls, which are disappearing at fast rates.
She said the creek is a lifeline for species. She said the Commission for the Environment voted
no on this project, and the risks of this project are too great. She highlighted several of these
risks, and urged the BOCC to find more creative and sustainable possibilities for the site.
Linda Smith said she is a new resident of Orange County, and moved here for the rural
environment, pasture land, and the beautiful night sky. She said she and her husband plan to
keep a small footprint on this environment. She said pollution is an insidious thing, and it easy
to miss its harmful changes, until it is too late. She said Buc-ee's will cause damage:
contamination, light pollution, sleazy images around the Beaver logo, density of automobiles,
and loss of lovely grassland and trees in the Mt Willing Rd area. She said traffic congestion will
increase in the already hazardous interstate area. She urged the BOCC to keep Buc-ee's in
Texas, and vote no on the rezoning request.
Christine Peckman said she has lived in Efland for 20 years, and 5-6 days a week she
visits the post office, buys animal feed in Efland, goes to Missy's for milk shakes, and other local
businesses. She said the Efland shopping market is more of a convenience store, and a full
grocery store would be wonderful. She said she is invested in Efland, and is not anti-growth.
She said Buc-ee's would literally be adjacent to the town, which has the potential to be a quaint
vibrant town. She asked if the BOCC would want to live next to such an unpleasant
development. She said Buc-ee's will increase crime rate, and become a haven for drug and sex
trafficking. She said it will be hard to limit parked tractor-trailers, and responsibility to enforce
will fall to local law enforcement. She said if the BOCC chooses to rezone, it will throw the
14
residents under the bus. She said revenue can be generated by other businesses, and she
argued that this project would never be contemplated if it were being proposed at a Chapel Hill
or Hillsborough exit. She said the residents would not stand for it. She said there are many
commercial opportunities to benefit Efland, but this is not one of them.
Hope Thompson said she is a resident of Chapel Hill, studying Environmental Health at
graduate school at UNC. She said she has lived in Durham and Orange counties her entire life.
She said she is opposed to this rezoning request, and urged the BOCC to deny it. She said the
health and environmental implications have been understated, and will prove harmful to the
surrounding residents of Efland.
Bonnie Hauser read the following comments:
Good evening commissioners. Thank you for hearing the voices who know and care
about Efland. I'm Bonnie Hauser. I sit on the boards of Orange County Schools and United
Voice of Efland. Tonight, I am speaking for myself. I have been involved with the Efland
community for a long time and join the community in its support for the rezoning proposal for
Efland Station.
Efland Station advances plans that community leaders and county planners have been
working on for a long time. Those plans established this site as industrial because it sits
between a busy interstate and an active rail line. Your board invested $4 million to bring sewer
service to the site in order to attract businesses just like this. According to your planners, the
project complies with county's strict lighting and noise ordinances, and exceeds your
requirements for impervious surface and stormwater management. I'm not a hydrologist, but it
appears that the project adds controls that will be better for the watersheds than doing nothing
at all.
Planners never imagined a large travel center on this site. That's why you are being
asked to consider this new use and whether it works with the intent of the planners and your
investments. I believe it does. But there are questions. You will need to resolve conflicting
information that you are getting about hydrology and risk. There's also the strategic question.
How does Buc-ee's plan to transition as cars eventually move away from fossil fuels? They are
already planning 10 EV charging stations. Certainly they can't sell gas if no one is buying it.
How many people in our County are already working as cashiers or custodians but not
being paid a living wage? Please appreciate that opportunities like this don't come to Efland.
Buc-ee's wants to invest $50 million in this small community. The project is estimated to
generate over$1 million a year in local taxes, of which $350,000 will flow directly to our schools.
That's in addition to nearly 200 living wage jobs in a small community that hosts two Title 1
schools. Buc-ee's has done everything you've asked and is not asking for any incentives. This is
a big deal and the Efland community deserves their shot. Please approve this rezoning. Thank
you.
Jessica Sheffield said she is the Executive Director of the Eno River Association (ERA),
which is opposed to the proposal in front of the BOCC that would allow for damaging impacts to
Seven Mile Creek. She said the development would threaten what the State has already found
to be a sensitive water way. She said Orange County must be careful what it allows to be built
on this land. She said ERA is not anti-development, and seeks good development that
preserves the environment. She said she has spoken to the developer and engineers involved
with the project, who hoped she would support the project, but she cannot do so in good
conscience. She said she must speak up for the neighbors, and to maintain the wild and open
spaces to be resilient to climate change. She said ERA is concerned about sediment and heavy
metals, which will be deposited. She said this project will not improve the community, and
should not be permitted. She urged the BOCC to vote no.
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Laura Streitfeld said she is the Executive Director of Preserve Rural Orange, a
grassroots nonprofit dedicated to sharing vital information about plans that would have a
negative impact on rural communities. She said the organization brings citizens and leaders
together to shape outcomes that protect the environment and citizen health. She read the
following comments:
First, welcome to new Board members Hamilton and Fowler and to the new Board Chair
and Vice Chair, Commissioners Price and Bedford. We're looking forward to your leadership
and vision in charting Orange County's future and upholding the public interest. Preserve Rural
Orange stands with communities opposing rezoning for the proposed Efland Station, a 140-acre
project that would store a quarter of a million gallons of gas underground in the Upper Eno
Protected Watershed. I'm asking you tonight to reject this project in its entirety. The developer's
Environmental Assessment (EA) raises more questions than it answers. It is unclear how
Planning staff concluded the project is in the public interest when there are significant questions
about threats to existing local businesses and residences, pollution, stormwater runoff,
groundwater contamination, massive water use, traffic and light pollution. Despite the project's
incompatibility with surrounding land uses and a long list of potential negative impacts, the
Developer's EA claims a Finding Of No Significant Impact. If this board does consider approving
any part of this project, we ask you first to require an Environmental Impact Statement (EIS).
More comprehensive than an EA, an EIS would require exploring in detail all alternatives to this
project, including the option of not developing the property at all, as well as examining the
secondary and cumulative impacts into the future. And if you consider approving this project,
know that the Master Plan Conditional Zoning would benefit the developer to the detriment of
Orange County citizens. A blanket, expedited approval process removes key safeguards
needed to protect communities from damaging impacts. The developer's application grossly
understates direct, secondary and cumulative impacts likely to occur, and we urge each of you
to deny the rezoning request and reject the proposed Buc-ee's travel center.
Please consider adding the following actions to the Board's agenda this winter: 1.
Increase and strengthen limits on development in the protected watershed in Orange County's
UDO. 2. Take this opportunity to review how environmental assessments reach a Finding Of No
Significant Impact. 3. For projects applying for zoning changes or special use permits, widen the
notification area from 1,000 feet to either township-wide or within a two-mile radius, to include
affected neighbors in rural communities. Fortunately, Efland citizens have gathered information
in record time to respond to this alarming proposal that would irreparably transform their
community. In a series of recent development decisions, we've heard that it's too late to stop
plans and that lessons learned will prevent similar mistaken approvals in the future. Please stop
this project before it starts. The proposed Buc-ee's travel center is out of step with Orange
County's commitment to sustainability and goal to reduce fossil fuel use. Thank you for taking
the time to allow for full public input before making this important decision.
Laura Doherty said she is opposed to the rezoning request on environmental grounds.
She said the Sierra Club Executive committee has submitted comments. She said the
Committee is opposed to the travel station, as it does not reflect values of community. She said
the project would be detrimental to water and air quality. She said 240,000 gallons of gasoline
will be stored underground, on top of the drinking water aquifer. She said there will be increase
sedimentation on Seven Mile Creek. She said Orange County already has air quality issues,
due to gasoline emissions, and the travel station would only make this worse. She said the
County must move to renewable energy, not gasoline, when there is a climate crisis.
Margaret McAdoo said she is a community advocate in Efland. She said she grew up in
Efland, but moved away after graduation, as there were no jobs for people who looked like her.
She said Efland has digressed instead of progressed. She said Efland was once a thriving
16
community, but it has faded over the years. She said she supports the Buc-ee's travel station
because of their outlook for the community, fire station, and will bring money for schools, which
is a blessing. She said money is not flowing in and out of Orange County, and there has been a
lot of misinformation. She said many who have spoken do not live in Efland, and do not know
the realities of the need. She said she served on the Efland small area committee, and every
time a builder would come in with a plan, it was rejected. She said there must be young people
living in Orange County for it to grow. She urged the BOCC to please vote yes to the rezoning
request.
Avra Janz said she wants to express concerns for how this gas station will contribute to
climate crisis. She said Buc-ee's will lock the County into a dangerous status quo. She
highlighted several examples of the impacts of climate change such as Hurricane Florence and
hotter summers, which will harm farmers and reduce produce. She said Orange County
residents deserve better, and Buc-ee's represents the precise opposite of what Orange County
needs. She said to build the largest gas station in the world in the midst of a climate crisis will
have grave consequences, and would make Orange County complicit in harmful climate
change. She urged the BOCC to vote no.
Amelia Brady said she is a resident of Hillsborough. She said she is a young person
facing a future of decimated natural resources, water resources, and the sixth mass extinction.
She urged the BOCC to set the County on the side of the environment, by denying the zoning
request. She said a behemoth gas station is not a valid choice for the County, whose future will
be snuffed out if this gas station is allowed to poison it. She echoed previous comments about
Buc-ee's as pertains to poor employment, traffic issues, and vulgar billboards. She asked the
BOCC to strive for better than meager crumbs and to prevent this terrible stain by voting no.
She said Orange County is better than this and deserves so much more than this.
Amy Halberstadt thanked the BOCC for listening so well, and reiterated the concerns
raised by previous speakers. She said when the use of gas goes down, Buc-ee's will go down
with it, despite claims of having 10 electric opportunities for cars. She said Orange County will
end up with the blighted land, damaged water, no jobs and no money. She said she knows, and
agrees, that the County needs revenue, and are jobs for her neighbors. She said there is an
argument that other development may be even worse than Buc-ee's, and another company
could come in with more impervious services and more light pollution. She sees this as the
wrong way to look at this, and would rather focus on what this land could be from a positive
lens. She urged the Board to vote no on Buc-ee's and rather rezone the land MPD-CZ.
Terra Proctor said she has lived in Efland her whole life, and sees Buc-ee's as a place
that will destroy the environment. She said her family lives on well water, which could be
polluted by Buc-ee's. She said the traffic will get worse, and she does not want the place she
live in to be known for a gas station that sells plastic trash. She said Buc-ee's will not help the
people or the environment, and will just be a pit stop, for filling cars and going to the bathroom.
She said she does not want Efland to be known for this.
Holly Reid said she lives in Hillsborough, serves on the board of the Eno River
Association, and previously worked for the EPA. She said she submitted a letter to the BOCC
on December 15, and highlighted key points. She said Buc-ee's will be no ordinary
development, and is a massive gas stop, with thousands of hourly stops. She said such a
project invites air quality degradation, noise and traffic issues, and sewage disposal. She
referred to the 2030 comprehensive plan, chapter 2 principles, which represent the Board's
values. She said Buc-ee's violates at least 3 of the 8 principles: #3 encourage energy
efficiency and lower energy consumption, and renewable energy; #6 protection of water
resources; and #8 preservation of community character. She said Buc-ee's does not Orange
County's principles, and would have the biggest carbon footprint in the County. She said
Orange is a forward thinking place, and Efland Station does not fit.
17
Tehila Rosenblatt implored the BOCC to vote no. She said she lives in rural
Hillsborough, and does not want this eyesore where she lives and works. She said she does
not want the area to be reduced to a pit stop. She said she does not want to worry about her
well water, and sitting in congested traffic. She said she wants to continue loving to living here.
She urged the BOCC to think of the future, and to use the land for the betterment of the County
and State.
Brooke Bauman said she is a resident of Chapel Hill, and urged the Board to deny
rezoning request. She said she grew up in the Triangle and visited biodynamic farms in Cedar
Grove as a child. She said Buc-ee's will create an eternal traffic jam and damage the
environment. She said North Carolina has a very different climate and land than Texas. She
said unlike the travel centers in Texas, Buc-ee's Efland Station will be surrounded by residents
who do not want to live next to large travel center. She said $15 an hour is not a reasonable
living wage. She said if Buc-ee's built on a protected watershed, and pays poor wages, Orange
County cannot be proud.
Carol Staton said she lives 4 miles from the proposed Buc-ee's site, and is opposed to
the rezoning being approved by the BOCC. She said exit 160 is not a problem, and does not
need to be improved. She said exit 161 is a more dangerous ramp and is likely to cause greater
problems if Buc-ee's is allowed to proceed. She said trucks will fill up the short exit ramp. She
said Buc-ee's has gone too far to pull the wool over the County's eyes. She said it has
contested the property value. She highlighted all previous environmental concerns, and said
she supports developing the land, but urged the BOCC to wait for a better offer. She said the
land has been available for 30 years, but the infrastructure necessary to attract business is fairly
new, and she is certain a better development project can be found.
Lindsley Bowen said she is against the proposed Buc-ee's project. She said she is a
business owner in downtown Hillsborough, and believes Buc-ee's will route people out of
downtown Hillsborough.
Victoria Casey thanked the BOCC for its service. She showed the BOCC the fresh,
clean water from her well. She said she lives within 1 mile of the proposed Buc-ee's site, and
fears her water will be contaminated. She improved the Board to look closely and to do the right
thing. She said she lives on Ben Johnston Rd, and it is a little piece of heaven. She said she is
a nurse working with seniors in their homes, and sometimes has to get to their homes quickly.
She is concerned potential traffic changes will impact her work. She said democracy will only
work if elected officials have integrity. She said Buc-ee's is like the coronavirus, and the BOCC
is elected to protect the community from it.
Emily Sutton read the following comments:
I am the Haw Riverkeeper with Haw River Assembly. I don't live in Efland. I don't work in
the Eno River watershed. But I care about my friends and neighbors that live here. However,
this project would likely have far reaching impacts to the region, including the Haw River
watershed. There are reasons that Orange County has strict zoning, and it has had significant
benefits including watershed protection, land conservation, and open spaces. People want to
live here.
By allowing an exception of this scale, with such a blatant disregard for zoning, this
Board is inviting other similar projects to request more variances and zoning exceptions. This
project poses to store 6 underground storage tanks, holding 240,000 gallons in fractured shale
and bedrock. This is being proposed on the heels of one of the largest underground storage
tank spills in a decade in Huntersville, NC. Colonial pipeline was required to excavate
contaminated soil after 354,060 gallons of gasoline leaked from an underground fuel line.
Firefighting foam, a forever chemical known to cause cancers and long term health risks when it
contaminates drinking water supplies, was used to limit flammable vapors. Since the
Underground Storage Tank program began in 1988, there has been nearly 33,000 reports.
18
These incidents happen regularly. Even in the last decade, with improved monitoring and
enforcement, there has still been an average of nearly 70 per month across the state. With a
project of this scale, it will not be a question of if there will be an incident, but when.
When a leak occurs, Orange County will spend resources on enforcement and staff, but
it will also have jeopardized the health of thousands of residents through groundwater
contamination. Contamination could also include AFFF or firefighting foams, which have proved
to be impossible to remove from groundwater and can only successfully be filtered out through
costly reverse osmosis treatments. Unfortunately, there are several examples in our state to
demonstrate how difficult it is to sell property with contaminated wells. With 70 acres of
impervious surface, stormwater runoff will be a significant issue. Not only will volume, velocity,
and warmer temperatures have detrimental impacts on the surrounding streams and aquatic
life, but that stormwater will carry toxins from leaking gasoline and surfactants from the car
washing stations.
Lastly, I'd like to remind the board of the environmental injustice issues this project
would pose. This area of Efland is on the cross sections of two census blocks. In one block,
approximately 51% of the population is a minority, in the other, 66%. This is a majority minority
community. In terms of income, one block is classified as approximately 56% low-income. This
same community has already been burdened by 3 other underground storage tank incidents,
possibly contaminating their water supply and health. The project threatens the health of the
surrounding communities and the environment, and should not be approved.
Avery Gall said she is opposed to the Buc-ee's Efland station. She reiterated concerns
raised by previous speakers. She said this station will pollute Orange County water and air, and
opposed Orange County's own stated values. She urged the Board to find more sustainable
options, and please vote no.
Mindi Ramsey said she is a medical professional, mother of 2, and lives less than a mile
from proposed development. She said the project will offer a short term gain at the cost of long
term losses. She raised environmental concerns, and said he only way to guarantee the water
supply is to not put anything in it. She bring Buc-ee's here violates commitments made by
Orange County, and will cause integrity into questions. She said she is also concerned about
the reduction of resident control and voice, should the zoning be changed. She said this is a
Texas based company that has no interest in supporting NC. She said she is also concerned
about traffic. She said she is a proponent of development, but Buc-ee's is not the answer. She
urged the BOCC to vote no to rezoning.
Amelia Covington said she is a field organizer with Climate Action NC, and is speaking
in opposition to the rezoning request. She said if Orange County is committed to fighting
climate catastrophe, it needs to transition from fossil fuels, and this is a proposal of the past.
She said there would be immediate environmental implications of this gas station, due to
placement near Eno watershed. She said the cost to local habitats and communities is not
worth it, and urged the BOCC to Listen to the concerns of nearby residents.
Kim Tesoro said there is an extremely limited job base in Efland, and the opportunity to
be employed locally at $15/hour, with benefits, is life changing. She said it is an opportunity to
earn an Orange County living wage, and the County should hold these jobs as important. She
said the Efland Station project includes 5 charging stations and a comfortable area to wait. She
said Buc-ee's has built a strong following around its brand, and is known as a clean family
oriented place to stop. She said Buc-ee's offers the opportunity to present local artisans on its
shelves, encourages overnight visitors, and is exactly the opportunity the Chamber of
Commerce seeks. She said the existing laws and restrictions will address all previously
mentioned concerns, and she urged the BOCC to vote yes to the rezoning request.
James McAdoo II said he is a lifelong resident of Efland, and his family has had land
here for over 100 years. He said he raised a family here, and Efland has not changed in 48
19
years. He said Buc-ee's will be a welcome change. He said he has served as volunteer
fireman and EMS, and commutes 20 minutes to work each day. He said there are not a lot of
jobs in Efland that pay $15 an hour, and Buc-ee's is the kind of change needed for this area. He
urged the BOCC to vote yes to the rezoning request.
Alexandra Griffin related a story a medical emergency that her daughter experienced;
when emergency personnel took a long time get to her house in Efland. She said this
happened 27 years ago, and can only imagine how much worse a similar situation would be
now if Buc-ee's were developed. She said the land around her is beautiful, it renews her, and
must be protected. She said she has autism, and cannot provide another home for herself.
She urged the BOCC to vote no.
Nelson Campbell said he understands the need to generate tax revenue and to create
jobs. He said he is the founder of two organizations locally: Plant Pure and Plant Pure
Communities. He said he is an entrepreneur, and understands the economic power from the
creation of dynamic new businesses. He said there are so many ideas for this land that would
create far greater long-term economic impact, and the County can do much better than Buc-
ee's. He said Buc-ee's is a horrible idea for economic development, and it makes no sense. He
said the community is overwhelmingly against the proposal. He urged the BOCC to think
strategically, and to vote no to Buc-ee's
Kenneth Woods said any development project has pluses and minuses, and is important
to consider which ones carry the most weight. He asked if there will be anything better for
Northern Orange. He said other projects have been rejected, and have gone to neighboring
counties, forcing residents to leave the County and spend money elsewhere. He said Walmart
pays less than $15 an hour, and no one is trying to run Walmart out. He said people are
concerned about well water, but most residents drink bottled water. He said Orange County
revenues rely heavily on property taxes, and Orange County taxes are higher than many other
counties in the State. He said Buc-ee's will even out the taxes, and urged the BOCC to vote
yes to the rezoning request.
Chair Price said staff has several other speakers waiting, but the identities of the
speakers are unknown. She asked if the BOCC wants to afford these speakers the opportunity
to talk. She said she is inclined to deny the speakers based on the lack of identification.
Commissioner McKee concurred with Chair Price, and said the BOCC was clear on the
requirement to sign up to speak.
The Board agreed by consensus.
4. Close the Public Hearing for Item 5-b from the December 15, 2020 Business
Meeting and authorize the acceptance of written comment(s) via e-mail to the
Board at ocbocc@orangecountync.gov or by delivery to the Planning
Department's office at 131 West Margaret Lane, 2nd floor, Hillsborough, North
Carolina 27278, until 9:00 a.m. on Thursday, January 14, 2021
A motion was made by Commissioner Dorosin, seconded by Commissioner Greene to
close the public hearing for Item 5-b from the December 15, 2020 Business Meeting and
authorize the acceptance of written comment(s) via e-mail to the Board at
ocbocc@orangecountync.gov or by delivery to the Planning Department's office at 131 West
Margaret Lane, 2nd floor, Hillsborough, North Carolina 27278, until 9:00 a.m. on Thursday,
January 14, 2021.
Roll Call ensued.
20
VOTE: UNANIMOUS
5. Adjourn the Virtual Special Meeting
A motion was made by Commissioner McKee, seconded by Commissioner Hamilton
to close the public hearing at 9:13 p.m.
Roll Call ensued.
VOTE: UNANIMOUS
Renee Price, Chair
Laura Jensen
Clerk to the Board