Davidson will support STIP including I77 HOT lanes.

At Davidson town board meeting tonight, commissioner Brian Jenest spoke about the upcoming CRTPO vote on the STIP saying he spoke for the board.

He clearly said he is not inclined to vote against the STIP to make a statement against the I77 HOT lanes project.

He sighted the potential loss of new roundabouts in @TownOfDavidson from the bonus (aka "bribe") money.  He also misleadingly referenced the potential $100 million penalty implying that amount was solid and that the towns would be stuck paying something that large if the contract was cancelled.

One Facebook poster described the roundabouts at Exit thiAt #Davidson town board meeting tonight, commissioner Brian Jenest spoke about the upcoming CRTPO vote on the STIP saying he spoke for the board.

He clearly said he is not inclined to vote against the STIP to make a statement against the I77 HOT lanes project.

He sighted the potential loss of new roundabouts for Exit 30 in Davidson from the bonus (aka "bribe") money.  He also misleadingly referenced the potential $100 million penalty implying that amount was solid and that the towns would get stuck paying it if the contract was cancelled.

Upon seeing this info posted on Facebook, one reader over at Exit 28 Ridiculousness described the Exit 30 roundabouts that come along with 50 years of tolls as Davidson's "30 pieces of silver".

That sounds about right.

Reader chimes in on Davidson Town Attorney Rick Kline

Over the years, I've given Davidson Town Hall a fair amount of grief - OK, a tremendous amount of grief.  It's not that I am anti-government, or think town hall doesn't do anything right.  I just believe that transparency and fairness are bedrock requirements for good government.  They go hand-in-hand.  That often results in having to point out where those things may not be occurring.

I recognize that can come off as a bit negative sometimes.  My guess is that more than a few at town hall want to brush off what I have to say as nothing but the words of an annoying gadfly.

That's why the below comments from long-time reader and friend, Pam Pearson of Davidson, needed to be given a little more attention.  Pearson is an attorney herself and her comments carry more weight than anything I could say regarding Davidson's Town attorney.

"On Mr. Kline, I have related my personal experiences dealing with him on Davidson issues and the jdisrespect and lack of professionalism he showed to me and others. And that's not even addressing the matters on which he advocated legal positions that had no foundation. In fairness, I expect that his "opinions" were driven, in part, by the Town Board's policy imperatives, but that's backwards thinking for an attorney who is supposed to be advising from a legal perspective.

Here is just one example:

There is an ordinance in Davidson which purports to prohibit the docking of boats with more than 10 hp overnight at a Davidson pier. Some Davidson leaders wanted to keep Lake Davidson as passive as possible, and Mr. Kline came up with this "docking" strategy on the basis that Davidson has to issue a building permit for any dock being built in Davidson (Duke Energy first has to approve and permit any dock on Lake Davidson). But that is fuzzy thinking. The NC Wildlife Resource Commission has state-wide jurisdiction over the lakes, and has delegated some of its authority locally to the Lake Norman Marine Commission (LNMC). Together with Duke Energy, these entities have ALL the authority over what happens on Lake Davidson. But Mr. Kline erroneously told the Town Board that it could make an inter-local agreement with Mooresville (which has most of the rest of the shoreline of Lake Davidson) and try to ban boats with more than 10 hp. Many hours of town officials' and commissioners' time was spent on this issue, along with an unknown amount of money, for no good reason as the towns had no legal basis for acting. It is a lawyer's responsibility to tell her/his client the truth about the legality of proposed initiatives, which sometimes means saying "NO." Going along and telling the Town of Davidson what some town officials may have wanted to hear did not serve those officials nor the public. 

Davidson may be too small to need a full-time town attorney, but that doesn't mean it needs to employ an attorney who is in private practice which may create (as here) conflicts of interest. Other small towns in the area solve this problem by jointly retaining a town lawyer, which enables this lawyer to devote her/his practice exclusively to the representation of the municipalities. In the most recently publicized controversy regarding Mr. Kline and River Run, this situation would never have arisen had Mr. Kline not advised the River Run board, which then resulted in a conflict with his advising the Davidson Town Board on the same matter."

These were posted on Facebook regarding the agenda for the upcoming Davidson Board meeting.  They are reprinted here with her permission.

As Commissioners continue discussions on the town attorney position, they would do well to consider what Ms Pearson has to say.  We need a town attorney who will tell the board "no" when needed rather than trying to find a loophole to accomplish something that will likely wind the Town up in court - something that happens all too often here in Davidson.

Per the town clerk, no previous detailed contract with the Town Attorney is in place saying "there is no other agreements/engagement letters in writing" - meaning they've been working without a net for quite some time since Rick Kline has been in that position for 39 years.

After nearly 4 decades, let's hope they get it right.

Affordable Housing, Narrow Passage, Closed Session on Davidson Board Agenda

A packed agenda for Davidson Town Board meeting this coming Tuesday on topics we've covered here at aShortChronicle the past few months.

Affordable Housing, Narrow Passage, and a closed session on a personnel/hiring issue all will be discussed.

The closef session looks like it could be regarding retention of Davidson Town Attorney Rick Kline.  Readers may remember that approval of Kline's contract was tucked into the consent agenda last month.  It was quietly removed from the agenda at the meeting.

Commissioner Beth Cashion asked via email to have it pulled pending further discussion.

We hope Davidson Commissioners will think long and hard on this one.  Mr Kline has been at the center of multiple real-estate related controversies involving perceived conflicts between his role as town attorney and his private practice.

Full agenda below:

AGENDA
TOWN OF DAVIDSON
BOARD OF COMMISSIONERS
216 South Main Street

August 11, 2015


• PRE-MEETING - 4:00 PM
(Held in the Town Hall Meeting Room)
• CLOSED SESSION
•     Issue Regarding NCGS 143-318.11(5): To establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract.
•     An Issue Regarding NCGS § 143-318.11(6): To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee.
AGENDA
TOWN OF DAVIDSON
BOARD OF COMMISSIONERS
216 South Main Street -
August 11, 2015 - 6:00 PM

REGULAR BOARD OF COMMISSIONERS MEETING - 6:00 PM
(Held in the Town Hall Meeting Room)
• CALL TO ORDER
• ANNOUNCEMENTS
• CHANGES TO AGENDA
• PUBLIC COMMENTS
• PUBLIC HEARING
•     Planning Ordinance: Street Maintenance & Greenway Acceptance Requirements
• CONSENT
•     
  Approve the Regular Meeting Minutes from July 9, 2015 - Special Meeting 
  Approve the Regular Meeting Minutes from July 28, 2015
  Approve the Closed Session Minutes from July 29, 2015
  Approve the Closed Session Minutes from July 30, 2015
•     Approve Settlement For Current Taxes - Iredell
•     Approve Settlement For Current Taxes - Mecklenburg
•     Approve Order of Collection for Mecklenburg and Iredell Counties
•     Approve Tax Levy Adjustments
•     Approve Abersham / Allison / Fisher Farm Master Plan 
•     Approve Resolution 2015-30: Davidson Pointe Street Maintenance
•     Approve Resolution 2015-31: Support Redistricting Reform
• NEW BUSINESS
•     Consider Approval of Consistency Statement for Planning Ordinance 2015-05: Street and Greenway Conveyance
•     Consider Approval of the Planning Ordinance 2015-05: Change to Section 6.13 Street & Greenway Acceptance Requirements
•     Consider Approval of Summit Coffee Stage Lease 
• OLD BUSINESS
•     Consider Approval of Consistency Statement for Planning Ordinance 2015-04: Affordable Housing Consistency Statement
•     Consider Approval of Ordinance 2015-04: Change to Section 5 Affordable Housing of the Davidson Planning Ordinance to permit a payment in lieu of providing required affordable housing units for all affordable housing types
•     Consider Narrow Passage Conditional Rezoning
• DISCUSSION
•     Advisory Board Recruitment Process 
•     Fall and Winter Board of Commissioner Meetings
• SUMMARIZE MEETING ACTION ITEMS
• ADJOURN

UPDATED: Tarte rakes in considerable cash from renewable energy lobby (aka Big Solar)

'Big Solar' really likes the Senator from North Mecklenburg.

That's the gist of Senator Jeff Tarte's latest campaign finance report submitted Monday, August 3rd.

Tarte raised over $55,000 in the first half of this year - a hefty sum for someone in a safe seat during a non-election year.  Most of that rolled in via seven $5,000 checks.

The largest totals came from those clearly affiliated with the 'Big Solar' lobby.  Over $17,000 in contributions came from those clearly associated with the renewable energy industry - including a $5,100 check from Jay Faison of Charlotte.

Faison is a big-dog in the Charlotte business community who just announced a $175 million campaign to turn the GOP 'green'.  If you are wondering why Faison's check was only $5,100 when he’s planning on spending millions, it's because $5,100 is the maximum contribution from an individual allowed by NC campaign finance law.

Most of the obvious 'Big Solar' money - including the check from Faison - came from a May 7th fundraiser for Tarte held in conjunction with Congressman Richard Hudson.  In fact, it looks like the only checks from that date are linked to ‘Big Solar’.

However, the most interesting things  are not always the most obvious.

Tarte’s current finance report also includes $10,000 in donations from one Don Rainey and his spouse in the form of two $5,000 checks on June 29th..   A review of previous reports shows the Rainey’s also donated $10,000 to the Tarte campaign in June of last year – making them one of Tarte’s largest benefactors since he joined the State Senate.

Who is Don Rainey?

Rainey’s finance report information lists his occupation as ‘Venture Capitalist’ and his employer as a company called GrowTech Ventures.  According to the website CrunchBase.com which tracks venture capital placements, GrowTech Ventures made a $2.1 million dollar investment in a Raleigh area firm called The Royalty Exchange in 2013.  Rainey is listed as the GrowTech partner behind the transaction.  SEC filings also list Rainey as a Royalty Exchange Director.

One of the main offerings on the Royalty Exchange website currently is for a solar farm.  The listing is described as follows:

“A solar development company has recently finished installation of a 1.4MW solar power farm that went into operation on March 20th, 2015 in North Carolina. They have created an opportunity for the right investor interested in millions in federal and state tax credits as well as a share of the PPA revenue under contract with Dominion Power.”
Renewable energy has been a contentious issue for the Republican controlled legislature in Raleigh this session.  There has been a strong move to repeal/reduce the renewable energy mandates and tax credits for power companies that operate in the state.  Without those mandates they would likely not buy as much power from solar farms and other renewable energy providers.

Clearly not everyone likes that idea.

In response, 'Big Solar' has been pumping a lot of money and resources into campaign coffers, consultants, and even the NCGOP itself.  The conservative Civitas Institute covered this in detail in a recent report – specifically siting a political consultant named Paul Shumaker as someone working to oppose reducing these mandates.

When asked about the dollars from this special interest group, one of Senator Tarte's campaign consultants, Larry Shaheen of Carolinas Political Consulting, indicated the following:

• Tarte is a supporter of the RPS - Renewable Portfolio Standard.
• He does not expect a separate bill on its extension.
• Its retention/extension may very well be included in the budget conference report.

What was the largest check from Senator Tarte paid out during the first six months of this year?

$6,000 to Paul Shumaker's consulting firm, Capitol Communications.

To be clear, this story is not about whether renewable energy is good or bad.  It is not even about whether the state has a vested interest in supporting it.

It is about providing a little transparency into how our political process and elected officials operate and where the money comes from to support it.  It is up to readers to decide if that goal is being met.

Links:

Tarte reports
2015 MidYear
http://app.ncsbe.gov/webapps/cf_rpt_search_org/cf_report_image.aspx?DID=188562

2014 2nd Quarter
http://app.ncsbe.gov/webapps/cf_rpt_search_org/cf_report_detail.aspx?RID=129416&TP=REC

Royalty Exchange
http://www.finsmes.com/2013/07/royalty-exchange-raises-2-1m-series-funding.html

SEC report showing Don Rainey as Royalty Exchange Director
http://www.sec.gov/Archives/edgar/data/1580734/000158073414000001/xslFormDX01/primary_doc.xml

CrunchBase listing for Royalty Exchange
https://www.crunchbase.com/organization/the-royalty-exchange

Roylty Exchange NC solar opportunity.
 https://www.royaltyexchange.com/press-releases/royalty-exchange-offers-first-north-carolina-solar-farm-investment-opportunity/" https://www.royaltyexchange.com/press-releases/royalty-exchange-offers-first-north-carolina-solar-farm-investment-opportunity/

https://www.royaltyexchange.com/blog/auction-updates/solar-energy-tax-credits-insurance/

Civitas Institute article
https://www.nccivitas.org/2015/special-report-conservatives-pushing-big-solar-funded-by-the-left/

ALEC Expenses Show Up On Senator Jeff Tarte's Campaign Finance Report

Monday was the deadline for mid-year campaign finance reports.

Where money comes from and flows to can often provide some interesting reading, and since NC Senate 41 Senator Jeff Tarte is a prolific fundraiser we took a quick look at his.

Now, to be fair, Senator Tarte's report is not quite as interesting as Rep Jason Saine's from Lincoln County.  For example, Tarte didn't spend over $19,000 on clothes like Saine reportedly did.  Saine, readers may remember, is a member of ALEC's national board which means he's got to do a lot of hobnobbing with corporate big wigs, but who knew one had to dress so well when invited to those kind of dinner parties?

While not anyewhere near the same league as Rep Saine's, Senator Tarte's mid-year report did show a couple of interesting ALEC related expenses however.

He's now all paid up on his membership and dues with payments on 1/30/2015 and 2/18/2015 for a total of $350 dollars.  There's also $1400 for a house rental when Tarte attended ALEC's Spring Taskforce Summit in Savnnah, GA in mid-May.

According to Senator Tarte's campaign consultant, Larry Shaheen of Carolina Political Consulting, the Senator serves as the Chair of ALEC's Higher Education Taskforce.  He attended the May taskforce meetings, but not the more recent national meetings in July.

When asked about the $1400 charge, Shaheen explained that the campaign was actually saving money by renting the house rather than staying in the hotel where the meetings were held.  Tarte's legislative assistant, an intern, and his wife also made the trip, so multiple hotel rooms for three nights would have cost twice as much.  To be clear though, the house at 417 E Bay St dubbed Magnolia Hall wasn't exactly slumming it.  Having the baby grande on hand when one travels is always nice.

Shaheen says Tarte is proud of the work he has done with ALEC, and that the organization provides a forum for the exchange of good ideas rather than sticking with the failed ideas of the past.  He went on to say "blanket attacks" on ALEC are nothing but attempts to advance the "liberal agenda".

Despite all the grief ALEC has received on this site and others related to its toll-road lobbying, Shaheen did provide an example of something good done by ALEC which has likely benefitted this area.  He said the legislation to fix Mecklenburg county's flawed revaluation process was run by the organization for its input.

Readers have been wondering about the Senator's possible involvement with the American Legislative Exchange Council.

Now, you know.

Mike Angell, Davidson's newest candidate, on CRTPO vote and tolls

I had the chance to speak with Mike Angell for the first time this evening.  Angell is the sole non-incumbent running for Davidson's Board this November.

Here's what he had to say on the issues of a directed vote and how he would vote if he was on the Board currently.

Angell said he opposed the idea of a directed vote, taking the position that if you can't trust the person to vote the way the Board wants, then you have the wrong person in that position to represent the Board.

When asked how the public would know a representative had voted the way a majority of the Board wanted, Angell said he'd be open to a non-binding vote of the Board on the issue of accepting the current TIP.  If the CRTPO rep (Brian Jenest) then voted against the Board's wishes, that would be clear.

Finally, when asked how he would vote in such a non-binding resolution if he was a Commissioner, he said he would vote against supporting the current TIP if it included the current HOT project.

Angell clarified that he's not totally opposed to the idea of tolls.  However, he does oppose the current P3 HOT plan.  He does not like the dynamic tolling process, the use of a foreign company in the P3 which takes money out of the state, the increase in passengers required from HOV-2 to HOT-3, and the use of a 50 year P3 contract for I77 versus the state managed toll proposals for other interstates in the Charlotte area.

So, there you have it.  Davidson's newest person on the political scene would support efforts to stop the current I77 proposal while not being completely anti -toll.

Davidson Mayor John Woods does not "recommend" a directed vote on TIP

The MeckBOCC Tuesday night forced a directed "no" vote on the upcoming TIP at the next CRTPO meeting August-19th.

The beautiful irony of this is that Dumont Clarke is the CRTPO rep for the County.  Readers will remember, Clarke had to recuse himself from a previous BOCC vote on a resolution opposing the contract due to a conflict of interest with a client.

Now, he will be forced to vote against the project after  a bi-partisan directed vote motion passed 5-4 Tuesday night.

Davidson meets next week so it seemed reasonable to ask if its Board would be doing something similar.

Here was Mayor Woods's response.

"In my experience, Davidson has never used a directed vote, trusting our representative to express our collective will.  Further, I do not recommend this procedure in this case." -John Woods

To be honest, that response is not unexpected.

Woods has been a valiant supporter of the I77 HOT  project - riding to its defense on more than one occasion.

Can the Board can be convinced to do otherwise?

Send them an email at Board@TownOfDavidson.org to let them know how you feel.

Davidson has a lone challenger this election season - Michael Angell.  This question was posed to him as well.

Check back for updates to see how commissioners/candidates respond.

Update: Check most recent post for Davidson Candidate Michael Angell's position.