HomeMy WebLinkAboutMinutes 03-15-2011 APPROVED 5/3/2011
MINUTES
BOARD OF COMMISSIONERS
REGULAR MEETING
March 15, 2011
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, March
15, 2011 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, NC.
COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier, and
Commissioners Valerie Foushee, Alice M. Gordon, Barry Jacobs, Pam Hemminger, Earl
McKee, and Steve Yuhasz
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEYS PRESENT: John Roberts
COUNTY STAFF PRESENT County Manager Frank Clifton, Assistant County Manager
Gwen Harvey, and Deputy Clerk to the Board David Hunt (All other staff inembers will be
identified appropriately below)
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE.
1. Additions or Chanqes to the Aqenda
- PowerPoint for item 7-b, resolutions Providing Comments Regarding Draft 2011-2020
state Transportation Improvement Program (STIP) and the Draft 2012-2018 Metropolitan
Transportation improvement Program (MTIP).
- PowerPoint for item 8-a, Report— Phase One Assessment of the Current Fire,
Rescue, and Emergency Services
- Pink sheet was for item 3-a, Resolution in Opposition to Senate Bill #8.
- Remove item 4-I, 911 Computer Aided Dispatch Enhancement and Approval of
Budget Amendment#8-a, because there has to be State approved before it is put on the
agenda
Chair Pelissier asked that item 3-a be added, Resolution in Opposition to Senate Bill
#8, No Cap on Number of Charter Schools — in its Current Form.
A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs
to add item 3-a to the agenda: Resolution in Opposition to Senate Bill 8 — No Cap on Number
of Charter Schools — in its Current Form.
VOTE: UNANIMOUS
A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger
to remove item 4-i: 911 Computer Aided Dispatch Enhancement and Approval of Budget
Amendment#8-A.
VOTE: UNANIMOUS
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2. Public Comments
a. Matters not on the Printed Aqenda
Michael Joerling said that he is having a problem with gunfire in his neighborhood. He
lives about 4 %2 miles west of Chapel Hill on Old Greensboro Highway. He has been there for
about 25 years. He has lived in the country most of his life and he knows that gunfire comes
with the territory. It is not the guns that he has a problem with, but the amount of gunfire
coming from his neighbor's property. He said that over the last several years it seems that a
firing range has been set up on the property. He has checked in with the Sheriff's Department
who said that there is not a lot that can be done, so he has come to the County
Commissioners to try and find a resolution. He said that this involves multiple shooters and
multiple caliper guns. Eventually, there are hundreds of rounds being fired. He said that he is
not bothered with guns, but he is bothered with the way that this is affecting the quality of life
of the neighbors with the amount of shooting.
Chair Pelissier said that any petitions from the public are referred to the Agenda
Review Committee to decide what to do from there. She told Mr. Joerling that he would be
notified of the decision.
b. Matters on the Printed Aqenda
These items were addressed in the agenda below.
3. Proclamations/ Resolutions/ Special Presentations
The Board considered a Resolution in Opposition to Senate Bill 8 — No Cap on
Number of Charter Schools — in its Current Form.
Chair Pelissier said that this is something that the school boards have passed. The
opposition is the amount of monies that will be going to charter schools.
Commissioner Foushee pointed out that this bill will take funding from school
construction for the purpose of charter schools.
Commissioner Yuhasz said that some portions of this bill would require that the
general public schools give up certain funds that are program-specific in order to send that
money to charter schools that do not provide those same programs.
Commissioner Jacobs said that there was discussion of setting up a separate board to
govern charter schools. He asked if that was part of this bill.
Frank Clifton asked that someone read the two paragraphs on the third page that
create the problem for the school systems.
Chair Pelissier read this portion of the resolution:
"Now Therefore Be It Resolved that the Orange County Board of Commissioners
respectfully requests members of the North Carolina General Assembly to reconsider Senate
Bill 8 and make modifications that address the above concerns, specifically:
- Provide a mechanism for accounting for funds that are not appropriate to share
with charter schools.
- Allow for monies to follow the students involved, not requiring sharing of funds
when charter schools do not provide the programs involved
- Remove the provision requiring donor specified accounting and replace it with
restrictions of use of funds as stated in the grants
- Allow for reimbursement of funds (such as activity bus fees, facility rental fees) to
be accounted for in such a way as to not create a surcharge for charter schools
- Reinstate a reasonable number of minimum students necessary to form a charter
school
- Reconsider the capital funding provision
- Create a bill that is truly fair and equitable for all public schools and public school
students in North Carolina and is not subject to ambiguities that will have to be
resolved through years of litigation at the expense of students.
Be It Further Resolved that if the above changes prove to not be feasible, then at a minimum
the proposed legislation be revised so that traditional public schools are not required to:
1) Share in self-sustaining fee-based programs such as child nutrition
2) Share preschool and other federal funds (such as JROTC and Free and Reduced
Lunch) with charter schools that do not provide these programs;
3) Share fund balance reserves; and
4) Share reimbursements (such as facility rental fees and activity bus fees) to which
charter schools have no legitimate claim."
A motion was made by Commissioner Yuhasz, seconded by Commissioner
Hemminger to approve the resolution and authorize the Chair to sign the resolution, which is
incorporated by reference.
VOTE: UNANIMOUS
4. Consent Aqenda
A motion was made by Commissioner Hemminger, seconded by Commissioner
Yuhasz to approve those items on the consent agenda as stated below:
a. Minutes
The Board approved the minutes was submitted by the Clerk to the Board for: February 8,
2011
b. Appointments — None
c. Motor Vehicle Property Tax Release/Refunds
The Board adopted a refund resolution, which is incorporated by reference, related to 26
requests for motor vehicle property tax releases or refunds.
d. Property Tax Releases and/or Refunds
The Board adopted a resolution, which is incorporated by reference, to release property
values related to twenty-seven requests for property tax release and/or refund.
e. Jail Inspection Report
The Board received the jail inspection report for January 24, 2011 from the N.C.
Department of Health and Human Services.
f. Sheriff's Department Workweek and Pay
The Board authorized workweek changes implemented to correctly record hours worked
and pay for the Sheriff's Department employees.
g_ NC Department of Correction Grant Application and Approval of Criminal Justice
Partnership Proqram (CJPP) Continuation Aqreement
The Board authorized staff to submit the grant application and the Manager to sign the
application; if the County is awarded the Grant, authorized Staff to negotiate an Agreement
with the North Carolina department of Correction for the CJPP grant funds, subject to
review by the County Attorney, and authorized the Chair to sign the Agreement; authorized
staff to receive the CJPP grant funds and develop an appropriate budget amendment to
reflect receipt of the funds; and authorized staff to enter into a continuation Agreement with
Freedom House Recovery Center contingent upon receipt of CJPP grant funds in the
amount requested or in amount which would be modified in direct proportion to the amount
actually received, and authorized the Manager to sign the Agreement.
h. Fiscal Year 2010-11 Budqet Amendment #8
The Board approved budget and capital project ordinance amendments for fiscal year
2010-11 for Department on Aging, Planning and Orange Public Transportation,
Department of Social Services, Library Services, Emergency Services, New Hope Fire
District, Spay/Neuter Fund, Miscellaneous, and Sherriff.
i. 911 Computer Aided Dispatch Enhancement and Approval of Budqet Amendment #8-
A
This item was removed.
i Chanqes in BOCC Reqular Meetinq Schedule for 2011 for Day Time Meetinqs
The Board amended its regular meeting calendar for 2011 by: changing the time of the
Board of Commissioners' Work Session, on Thursday, June 16, 2011 from 7:00 p.m. to
1:30 p.m. until 4:30 p.m. at the Link Government Services Center, 200 South Cameron
Street, Hillsborough, North Carolina; and changing the time of the Board of
Commissioners' Work Session, on Thursday, October 6, 2011 from 7:00 p.m. to 1:30 p.m.
at the Southern Human Services Center, 2501 Homestead Road, Chapel Hill, North
Carolina.
k. Process Reqardinq the Board Addressinq a Request from the Public to Place an Item
on a Reqular Board Meetinq Aqenda
The Board approved adding "Request from the Public to Place an Item on a Regular Board
Meeting Agenda," to the Board agenda procedures to address incorporation of this new
section into the agenda facesheet for regular Board meetings and into the Board's Rules of
Procedure as appropriate.
I. Process for a Member of the Board of Commissioners to Place an Item on a Meetinq
Aqenda
The Board approved the process for a member of the Board of Commissioners to place an
item on a Board meeting agenda indicating a petition could be either stated orally or in
written form and there is not a vote but it goes through the process of review by the
Chair/Vice Chair/Manager. Each Board member will then be given three minutes total for
petitions. The Board then directed staff to incorporate the necessary changes into the
Board's Rules of Procedure and the agenda facesheets for regular Board meetings.
VOTE ON CONSENT AGENDA: UNANIMOUS
5. Items Removed From Consent Aqenda
Item 4-i was removed at the beginning of the meeting.
6. Public Hearinqs
a. Public Hearinq on Possible November 8, 2011 Special Advisory
Referendum Concerninq the Levy of a One-Quarter Cent (1/4�) County Sales and Use
Tax
The Board considered:
1) Conducting a public hearing to solicit comments from the public on a possible
November 8, 2011 Special Advisory Referendum Concerning the Levy of a One-
Quarter Cent (1/4¢) County Sales Use Tax; 2) Directing Staff to place the attached
Draft Resolution Scheduling a Special Advisory Referendum Concerning the Levy of a
One-Quarter Cent (1/4¢) County Sales Use Tax on the April 5, 2011 regular meeting
agenda for Board action; and 3) In preparation for possible Board approval of the
referendum resolution at the April 5, 2011 regular Board meeting, scheduling and
directing staff to move forward with public notices for a public hearing at the same April
5, 2011 meeting in the possible uses for the potential proceeds from the additional
sales tax if approved by the voters.
Michael Talbert gave an overview and the history of the sales tax referendum. There
are two referenda scheduled for 2011 — Buncombe County and Mecklenburg County. One
referendum has been approved in Halifax County. The last time Orange County considered
this matter, it failed by just over 1,000 votes in November. The State law requires that the
County wait one year before holding the referendum again. The next possible date will be
November 8, 2011. If the majority of the voters approve it, it could become effective as early
as April 1, 2012. Approximately $625,000 would be generated in the current fiscal year (2011-
12) and $2.5 million could be available for the following fiscal year.
Public Comment
Greg Andrews pointed out that the sales tax was successfully voted down in 2010 and
he is not in support of raising any taxes in Orange County. He wants to focus on spending
cuts. He said that Orange County offers very little businesses. He wants to bring new
business to Orange County. He asked the County Commissioners to go back to their pledges
when they were running for office, which was to bring new businesses to Orange County.
Janet Clarke lives in Mebane in Orange County and her children attend Gravelly Hill
Middle School, and she works in Chapel Hill. She said that the voted against the sales tax
referendum. She said that she is here because she feels that the voter's choice has not been
respected by the Orange County Board of Commissioners. She said that before the vote, she
educated herself by reading materials published by Orange County. After considering both
sides, she believes that Orange County can find another way than a tax increase to meet
needs. She said that she wonders about the Board's perception of the general public after
reading an article published in the November 4, 2010 edition of The Daily Tarheel the day after
the vote. She quoted Commissioner Yuhasz: "The difficulty in reaching the rural voting
precincts accounts for the tax increase's defeat. It passed generally in Chapel Hill, Carrboro,
and Hillsborough, the urban districts; but failed in almost all of the rural precincts. Part of that
is the difficulty that we have in reaching the rural residents. There is not a newspaper that
regularly reaches these people. There is not a radio station the equivalent of WCHL. The
internet access is much sketchier in the rural parts of the County." She said that she takes
exception to that comment. She made another quote: "The Board hasn't determined what
specific projects the revenue would have funded." She said that she understands that more
money would be helpful, but she wants to come up with a plan that everyone can agree on.
She suggested cutting funding to non-essential programs until the economy recovers and
encouraging more businesses to set up shop in Orange County. She said that she would be
grateful to do her shopping in Orange County rather than Alamance or Durham County.
Bonnie Hauser spoke on behalf of the Orange County Voice Board of Directors. She
read a prepared statement.
"Thank you for seeking our input on a sales tax increase. As you know, over the last
few years the citizens of Orange County absorbed the tax revaluation, increases to many fees
and other increases in the cost of government
As the taxes went up, essential services were cut. And the County's fiscal future still
remains uncertain.
Times have changed and we appreciate the work that Mr. Clifton has done to change
the trajectory of the County's out of control spending. But, there's more to do in order to align
the County's spending to our new economic reality.
It's not just the million dollar conference room —which will be back in 2015, or the
money spent on architects, designers, and consultants to plan projects that we don't need and
can't afford. The County owns unused or underutilized real estate all over the county. There
are facilities or services that duplicate those of the towns, and projects that were approved
years ago, which are no longer relevant. There are millions of dollars of savings that could be
harvested if the County got serious about it. These savings would not impact jobs or services.
Of course, my favorite is the proposed, non-essential convenience center upgrades.
For many households, the new 4R fee will cost more than the proposed sales tax increase.
Despite claims for savings, the project appears to add nearly $1 million per year to the annual
costs for convenience centers — it's a 50% increase.
So, how about a work session to reduce the County's real estate holdings? Or one with
the towns to find ways to share services or facilities — including parks — and save everyone
money. Or a hard look on Thursday at the capital projects with the goal of eliminating non-
essential projects including those that won't come online for years?
Or how about hiring a consultant to advise the Board on cost restructuring?
We rely on the Board to appreciate the full burden of government on Orange County
households. To us, it doesn't matter if it's a tax or a fee, or whether it's capital or operating or
whether it comes from the general fund or an enterprise fund. Everything that you approve is
at our expense and we simply cannot afford everything that the County wants to pursue.
Most of us would be happy to give the County another$20 or$30 for education and
economic development. But, without a serious look at what we're already spending, it's just
another tax increase. And just as important, what other tax or fee increases are pending?
So, before you pursue a new tax or other new sources of revenue, please take a top-
down critical look at the County's cost structure and find ways to reduce the burden of
government on the citizens of Orange County.
Thank you."
Jim Hinson said that he and his wife cannot afford an additional sales tax. They are
senior citizens living on a fixed income. He said that the taxes should be decreased instead of
increased. He said that he has to live within his means and so should the County.
Ed Flowers urged the County Commissioners to include EMS in the funding if the sales
tax passes. He encouraged the Board to seek the advice of the Attorney regarding the
possible negligence by not being able to provide EMS services in a timely manner.
Marty Mandell said that she supported this referendum before and she supports it now.
She thinks that it is the least painful way to fund schools. She said that one of the most
successful programs in the County is the Lands Legacy program. This represents farm
preservation and she wants to help the farmers by helping to preserve their land and buying
conservation easements.
Alan Rosen said that last fall he supported the sales tax and he still supports it. He
urged the County Commissioners to commit more than 50% of the proceeds to economic
development. He suggested reconstituting the Economic Development Advisory Board.
Commissioner McKee asked when this would become effective if this referendum were
held in the primary of 2012 rather than the general election of 2011. Michael Talbert said that
it takes roughly one quarter and the first date that it could be effective would be October 1St of
the following year.
Commissioner McKee said that there is an arc of rural precincts and he asked how
much it would cost to have these open if there was nothing else on the ballot and it was
answered $26,000.
Commissioner Gordon said that she would like to decide what this sales tax is going to
be used for at the same time as voting on whether to put it on the ballot at all.
Commissioner Jacobs asked how many jobs have been cut in County government in
the last two years. Frank Clifton said that there has been a salary savings of $1.7 million in
this year's budget as a result of not filling vacant positions.
Commissioner Jacobs said that the Board will have the discussion about how to use the
funds before anything is put on the ballot. He feels comfortable going ahead with this.
Commissioner McKee said that he supported the quarter-cent sales tax as an
alternative to raising property taxes, which he is totally against. He said that holding this in
2011 when 11 precincts would not normally be open would incur a very low turnout because it
is an off year. It would also cost $26,000. He would not support putting this on the 2011
ballot.
Commissioner Yuhasz said that the two things that he sees using this money for are
economic development and school capital improvements. He sees that this tax provides an
opportunity to invest in the economic development without having to take money away from all
of the other critically important programs that the County currently funds. He supports going
forward with this now. He understands the concerns about the timing, but he thinks that each
month it is delayed costs the County $100,000 or more.
Chair Pelissier echoed Commissioner Yuhasz' comments. She said that the property
tax is regressive, especially for people on fixed incomes. She pointed out that the sales tax is
not on groceries. She also pointed out that the County Commissioners have cut the budget for
the past two years and have even cut positions. Most of the remaining money is going to
public safety, health, and social services.
Commissioner Hemminger said that she would like to see what the Manager has cut for
the past few years.
Commissioner Foushee said that she would like to see figures for non-essential
services such as Dental services and Libraries.
Frank Clifton said that the current budget is $9 million less than the amended budget
was for last fiscal year.
A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs
to approve the Manager's recommendation:
1) Conduct a public hearing to solicit comments from the public on a possible
November 8, 2011 Special Advisory Referendum Concerning the Levy of a One-
Quarter Center Cent County Sales and Use Tax;
2) Direct staff to place the attached Draft Resolution Scheduling a Special Advisory
Referendum Concerning the Levy of a One-Quarter Cent County Sales and Use tax
on the April 5, 2011 regular meeting agenda for Board action; and
3) In preparation for possible Board approval of the referendum resolution at the April
5, 2011 regular Board meeting, schedule and direct staff to move forward with
public notices for a public hearing at the same April 5, 2011 meeting on the possible
uses for the potential proceeds from the additional sales tax if approved by the
voters.
Commissioner Jacobs said that the County has cut taxes and is committed to a social
safety net and education and it is trying to figure out how to balance all of the imperatives
within the means.
VOTE: UNANIMOUS
7. Reqular Aqenda
a. Water and Sewer Manaqement, Planninq, and Boundary Aqreement
(WASMPBA) Clarification
The Board considered a resolution related to a clarification within the Water and Sewer
Management, Planning, and Boundary Agreement (WASMPBA).
Planning Director Craig Benedict said that this item was on the January 20th agenda. It
is important to allow the Jordan Lake allocation quantities to be spread amongst the various
partners in the agreement. Based on the January 20th meeting, there were some ideas to
enhance the agreement. One of them was for Orange County to be a partner in this
amendment process. Since then, the agreement has been forwarded to Chapel Hill, Carrboro,
Hillsborough, and back to OWASA for their review and approval of the amendments. To date,
Chapel Hill has approved it, Hillsborough has approved it, OWASA Board has approved it, and
Carrboro has approved it in two of three cases. Carrboro approved the amendment for
Orange County and Hillsborough to participate in this amendment, but not OWASA at this
time. This is under further review.
Alan Rimer, Vice-Chair of the OWASA Board, made a PowerPoint presentation:
Proposed Clarification of the 2001 Water and Sewer Management, Planning and
Boundary Agreement
Why?
Current language can be interpreted as constraining access to Jordan Lake water
supply allocations.
Jordan Lake is an essential element of a sustainable water supply for Carrboro, Chapel
Hill, and UNC.
Long-Range Water Supply Plan (2010)
✓ University Lake, Cane Creek and the Quarry Reservoir can meet expected needs under
most, but not all, circum-stances for the next 50 years
✓ We will face an increasing risk of water supply shortages, especially between now and
the time the expanded Quarry Reservoir is online �2035
✓ Recent gains in water use efficiency and the University's use of reclaimed water must
be sustained, and
✓ We must secure the permanent ability to cost-effectively access OWASA's Jordan
Lake allocation to reliably meet our community's needs, and specific to meeting this key
recommendation....... our plan outlined this key recommendation
✓ And specific to our ability to accomplish the above goal, the plan recommended that
OWASA "Work cooperatively with the elected boards of Carrboro, Chapel Hill,
and Orange County to amend the 2001 Water and Sewer Management, Planning,
and Boundary Agreement— only as needed— to resolve any unnecessary
constraints on access to OWASA's Jordan Lake allocation and to ensure a
reliable and sustainable water supply for the future."
Need for Jordan Lake?
• Recent droughts have emphasized the need for a diverse water supply "portfolio" as we
face increasingly uncertain future conditions of climate, land use, and hydrology.
• Provides a crucial supply in the event of critical system failure, planned or unplanned
maintenance, or other unforeseen situations
• Jordan Lake is by far the most cost-effective option
Key Actions Needed
1. Clarify the Water and Sewer Management, Planning, and Boundary Agreement
2. Retain OWASA's Jordan Lake allocation; convert access from Level II ("future") to
Level I ("current")
3. Work cooperatively with neighboring utilities to develop and implement necessary
actions to secure OWASA's permanent, cost-effective access to its Jordan Lake
allocation
Commissioner Jacobs asked about Carrboro's hesitation. Executive Director of
OWASA Ed Kerwin said that, in listening to the discussion, the concern was living within the
means of the current water supply.
Commissioner McKee asked what would happen if all of the partners did not approve it.
Craig Benedict said that the plan is for all to approve on good faith. The plan is to provide
Carrboro with additional information about how Orange County has been known to protect its
own water supply and the water supplies of its neighbors.
County Attorney John Roberts said that unless all parties agree, the amendment
cannot take effect.
Commissioner Jacobs asked about the plans to engage Carrboro and Craig Benedict
said that Carrboro is not finished considering this. The dialogue with Carrboro will continue.
Commissioner Gordon asked about the rewording of the agreement with respect to the
language which she had questioned at a previous meeting. John Roberts said that the
previous language could have been construed to apply to the entire agreement. He spoke
with the other attorneys and they are satisfied with the revised language.
Public Comment
Carolyn Efland was representing UNC-Chapel Hill. She said that the University is
OWASA's largest customer and a strong supporter of water conservation. She said that there
is a 38% reduction in water use by reclaimed water. The conservation successes do not
diminish the need for the University and UNC Hospitals to have an adequate, reliable water
supply with the capacity to meet future needs. To provide that supply, OWASA needs
increased resilience to catastrophic events and droughts. OWASA has only one treatment
plant. Also, the reclaimed water system is not a loop system and is more vulnerable to failure.
She said that not providing OWASA the ability to purchase water according to this new supply
plan and driving up customer costs as a result creates a hardship for the University and all
customers. In summary, the University's operation depends upon OWASA to provide an
adequate supply of water at a reasonable and predictable cost.
Kristen Smith, staff inember at the Chapel Hill/Carrboro Chamber of Commerce and an
Orange County native, said that she was speaking on behalf of Aaron Nelson, President and
CEO of the Chapel Hill/Carrboro Chamber of Commerce. She said that the Chamber believes
that water is a critical element of infrastructure. The Chamber trusts OWASA to be the expert.
She said that the Chamber agrees with OWASA that Jordan Lake provides crucial backup in
the event of system failure or other unforeseen situations.
A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger
to approve a resolution, which is incorporated by reference, related to a clarification within the
Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA).
VOTE: UNANIMOUS
Commissioner Jacobs said that he would be interested to see a proposal about how to
proceed with a conversation with Carrboro. The County will not meet with Carrboro until
October and that is too late.
Commissioner Jacobs encouraged everyone to look over pages 30-37 because there
are some long-term issues that are sometimes controversial and it would be beneficial for
everyone to be conversant in the event that these issues come up again.
Commissioner Jacobs said that besides having specific items from OWASA come as
time warrants, that OWASA be invited to make a presentation to the County Commissioners
annually.
b. Resolutions Providinq Comments Reqardinq Draft 2011-2020 State
Transportation Improvement Proqram (STIP) and the Draft 2012-2018 Metropolitan
Transportation Improvement Proqram (MTIP)
The Board considered resolutions providing comments regarding the Draft 2012-18
State Transportation Improvement Program (STIP). The two resolutions are: 1) A Resolution
providing Comments to the NC Department of Transportation (NCDOT) regarding the Draft
2011-2020 State Transportation Improvement Program Division 7 projects in Orange County;
and 2) A Resolution providing comments to the Durham-Chapel Hill-Carrboro Metropolitan
Planning Organization (DCHC MPO) Transportation Advisory Committee (TAC) regarding the
draft 2012-18 Metropolitan Transportation Improvement Program (MTIP).
Craig Benedict made a PowerPoint presentation, which is attached.
Orange County Draft
2012-2018 Transportation Improvement Program (TIP)
Orange County Board of Commissioners
March 15, 2011
Item 7.b.
Contains projects funded with State or Federal $
$ 7-Year funding document
$ Programs and schedules projects for
construction: Aviation
Highway
Public Transportation
Bicycle & Pedestrian
Ferry
Turnpike
Rail
Projects must be in local, regional or
statewide plan
NCDOT Transportation Reform
Strateqic Prioritization Process
• Limited transportation resources
• Statewide Transportation Plan Mission and Goals
• Data-driven and transparent process
10-Year Proqram & Resource Plan
Transportation needs and fiscal constraints from 2011-2020
5-Year Work Proqram
Cash-constrained accounting of State's transportation program from 2011-2015
State Transportation Improvement Proqram
Embedded in 5-Year and 10-Year Plans
Orange County
Draft 2012-2018 TIP
TIP Update Process
* Local Priority Lists
* Projects ranked by RPO/MPO
* Regional Priority Lists submitted to NCDOT
* NCDOT uses SPOT (Strategic Prioritization Office of Transportation) criteria
and fiscal constraints to develop Draft STIP
* Public Comment Period / Discussion between MPO/RPO
and NCDOT
NCDOT adopts final STIP
NCDOT is seeking public input on the proposed final version of the State
Transportation Improvement plan. NCDOT will host one public meeting in each of its 14
transportation divisions.
Division 7 Public Meeting
March 29, 2011, 4:00 PM — 7:00 PM
John Robert Kernodle Senior Activity Center
1535 South Mebane Street
Burlington NC
Citizens can review the proposed list of projects and comment online:
Durham-Chapel Hill-Carrboro MPO ( Metropolitan Planning Organization)
September 2010 NC DOT releases Draft STIP for public comment
November 2010 NCDOT - DCHC MPO "one-on-one" meeting
December 2010 - DCHC MPO develops draft Metropolitan TIP
January 2011 (MTIP)
February 2011 DCHC MPO releases draft MTIP for public
comment
March 2011 DCHC MPO public hearing for draft MTIP
May—June 2011 DCHC MPO approves final MTIP
Summer 2011 NCDOT publishes final STIP - Unranked Regional
Priority Projects for 2014-2020 STIP submitted to
NCDOT
Fall 2011 NCDOT adopts final STIP
Craig Benedict said that based on the February 24th meeting with the Town of
Hillsborough, there was urgency in moving forward some of the interstate projects in an
organized and accelerated manner to open up some economic development opportunities
along the interchange areas.
Commissioner Foushee made reference to page 5, Attachment 1, the TIP project
related to sidewalks and asked how many miles this would be. Craig Benedict said that it is
probably about %2 mile. This is Orange Grove Road.
Commissioner Gordon made reference to the strategic prioritization process. She said
that the County Commissioners need to understand this better because it can affect the
allocation of funds. There are three tiers: statewide (e.g. interstates), regional (e.g. NC 54,
etc.), and sub-regional. There will be a presentation at an upcoming TAC meeting because
how the projects are categorized can affect the funding of the projects.
Commissioner Jacobs made reference to page 2 of the CIP and Mattress Factory
Road. He asked if this was something that was being done in consultation with Mebane
because it was not on the list before. Craig Benedict said yes.
Commissioner Jacobs asked about the priority of Buckhorn Road as a key to the
economic development. Craig Benedict said that it was a higher priority in the RPO (Rural
Planning Organization). Karen Lincoln said that it was not on the MPO's list because the list is
based on the previous priority list. This process can be started again and then there will be
more information on the priority list.
Commissioner Jacobs said that one of the comments that Orange County should make
going forward is that if something was a high priority in an RPO area that is not absorbed into
the MPO, that it be given special consideration. This will not help in developing the economic
development district.
Commissioner Jacobs made reference to page 3 and the whole issue of I-40. He said
that it seems that if the MPO is committed to this ahead of I-85 and it is in Orange County, that
it ought to be one of the priorities. He thinks that this should be embraced as a priority and
have both phases done simultaneously.
Craig Benedict said that the comments will be logged and presented.
Commissioner Jacobs said that he would like an update on the bicycle plan as soon as
possible.
Commissioner Jacobs made reference to page 6 and the widening of I-85. He pointed
out that these suggestions, including working with the NCDOT staff biologist, are partially in
response to the fact that DOT totally ignored these issues when it built the Efland interchange.
He asked if it was possible to look at the possibility of an exit at Lawrence Road because it
would not involve building another major road and would provide a bypass of downtown
Hillsborough.
Commissioner Yuhasz said that the acceleration of improvements to I-85/US 70
interchange might make it a more reasonable alternative to promote an eastern bypass.
Chair Pelissier made reference to item 1 on page 4. She said that she understood the
OUT Board looked at this. She read, "many of Orange County's top priorities are
bicycle/pedestrian projects." She asked how that would affect DOT's perception of Orange
County's other projects that are not bicycle and pedestrian.
Karen Lincoln said that there has always been language in there supporting multi-
modal funding. She said that she could strike that last sentence.
Chair Pelissier suggested language reflecting "multi-modal" so that it is not
concentrated just on bicycle and pedestrian.
A motion was made by Commissioner Foushee, seconded by Commissioner Yuhasz to
approve A Resolution providing Comments to the NC Department of Transportation (NCDOT)
regarding the Draft 2011-2020 State Transportation Improvement Program Division 7 projects
in Orange County; and 2) A Resolution providing comments to the Durham-Chapel Hill-
Carrboro Metropolitan Planning Organization (DCHC MPO) Transportation Advisory Committee
(TAC) regarding the draft 2012-18 Metropolitan Transportation Improvement Program (MTIP).
A friendly amendment was made by Commissioner Jacobs to include Board of County
Commissioners comments from the meeting into the resolution. All agreed.
VOTE: UNANIMOUS
8. Reports
a. Report - Phase One Assessment of the Current Fire, Rescue, and
Emerqency Services
The Board considered receiving the Phase One Assessment of the Current Fire,
Rescue and Emergency Services System conducted by MMA Consulting Group (MMA) of
Brookline, MA.
Emergency Services Director Frank Montes de Oca introduced Gary McCarraher, a
consultant from MMA, who was commissioned by the County to provide a snapshot of the
services provided within Orange County. He said that this is an opportunity for the Board to
provide feedback to the consultant. This is only a draft of the study.
Gary McCarraher made a PowerPoint presentation:
Agenda
• Purpose to introduce the report and briefly outline report findings.
• Review current inventory of County's Fire, Rescue and Emergency Service Agency.
• Outline of Emergency Services current Strengths, Weakness, Opportunities and
Threats. (SWOT)
Emergency Response
Personnel
Fleet and Facilities
Fire Station Distribution
Response Times
Finances
SWOT Analysis: Strenqths
Successful Volunteer Organizations
Full-time Fire Departments
County-wide Answering Point and Dispatch System
County-wide Emergency Medical Services
Fire Station Locations
Fleet of Apparatus
Fire Training Programs
Emergency Medical Training
VIPER Radio System
Mutual Aid
Fire ground Safety
SWOT Analysis: Weaknesses
Secondary Answering Point and Dispatch
Under Funded Services
Lack of Usable Data
Strained Relationships
Hazardous Materials Response
Elimination of Management Positions
Coordination of Resources
EMS Response Delays
Call Processing Delays
VIPER Radio Limitations
Contracts and Franchise Agreements
Strategic Planning
SWOT Analysis: Opportunities
Opportunities
Administrative Support for Volunteers
Coordination of Resources
Improved EMS Response
Systematic Data Analysis
Monthly/Quarterly Data Reports
Safety Practices
Water Supply
Strategic Planning Process
Response Areas
SWOT Analysis: Threats
Poor Economic Climate
Improving Economic Climate
Third-Party Billing
Data Generation
Coordination Failures
Strained Relationships
Failure to Plan
Gary McCarraher said that Orange County has a robust system, but there are
weaknesses and eventually the effectiveness, efficiency, and safety will be affected if the
weaknesses are not addressed.
Commissioner Gordon asked if North Chatham Fire Department was included and
noted that it services Orange County residents. She asked that North Chatham be included in
the study.
Gary McCarraher said that North Chatham is included in the description of the
organizations.
Commissioner Gordon indicated that it should be included in the study in the same way
that the other fire departments are included.
Commissioner Foushee said that if North Chatham is included in the study, then
Mebane should also be included. Commissioner Gordon agreed. Gary McCarraher said they
would be included.
Commissioner Jacobs acknowledged the presence of the firefighters that came to listen
to the presentation.
Commissioner Jacobs suggested providing maps in color.
Commissioner Jacobs made reference to the response times and said that those seem
very inexact. He said that it should be percentage of the calls that are reached per minute.
Discussion ensued about the reporting of response time.
Frank Clifton said that this initial study is just analysis and not recommendations.
Chair Pelissier made reference to the weaknesses and said that she has no idea how
big these problems are. She would like to see more quantification about how much of an issue
this is. Gary McCarraher said that they would continue to try to quantify the data, but there are
many limitations of the data.
Jerry Lloyd, Chief of the White Cross Fire Department, said that there was a concern
with the draft on his incident report numbers. He clarified that every single call that his
department responds to, when it is finished, it goes into the Fire House software program. The
numbers are compiled and turn into the Fire Marshall. In the year 2009, the report shows 100
calls that White Cross responded to, but they actually went to over 200. He said that the
department sent the County a copy of the Fire House calls, and the County elected to go to
the Department of Insurance. White Cross used to turn the information into Orange County to
forward it to the DOI ( Department of Insurance), but that stopped halfway through the year.
This is why he gave the County his report with the 200+ calls.
Tommy Holmes, Chief of Orange Grove Fire Department, said that his department has
the same problem as White Cross with the different figures. He said that there is not a Fire
Marshall in Orange County that will stand up for them. He said that it would take millions of
dollars to run this fire department without volunteers.
Tony Blake, President of the Board of Director of White Cross Fire Department, pointed
out that the fire study has been going on for a long time. The department gave these numbers
to the consultant at the beginning of February and no one has gotten back to them. This is the
trust issue.
Commissioner McKee said that he does not think that many residents are unhappy with
the fire service in Orange County over the last year. He said that the fire service is not broken
and it does not need to be fixed. He said that the response times for EMS calls north of I-40
are not acceptable. He said that the County is spending $65,000 for a first phase of a fire
study and there is another fire study on the shelf. He is afraid that this study is a continuation
of the previous one. He questions the value of this report at this point. He suggested not
going forward with this at all or keeping the fire departments out of it.
There was no action required by the Board of County Commissioners.
9. County Manaqer's Report
None.
10. County Attorney's Report
John Roberts said that a couple of weeks ago the Board instructed him to read the
UDO. He said that this generated a couple of comments at an advisory board meeting that
accused him of not doing his job in not having read this. He said that when he got to the
County, he reviewed every one of the land use ordinances and he has reviewed every change
in the document. He said that this means that he has reviewed every bit of information in this
document.
11. Appointments
a. Equalization and Review Board —Appointments
The Board considered appointments to the Board of Equalization and Review.
A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to
make the following appointments:
Raymond Atwater— Chair
Karen Morrissette — member
Pamela Davis — member
John Timothy Kepley— alternate
Paul Snow— alternate
Barbara Levine — alternate
Jennifer Marsh — alternate
VOTE: Ayes, 6; No, 1 (Commissioner Gordon because there was no discussion for this
item, and therefore she was not given the opportunity to nominate another person)
b. Historic Preservation Commission —Appointment
The Board considered an appointment to the Historic Preservation Commission.
A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to
appoint Statler Gilfillen to an at-large position expiring June 30, 2014.
VOTE: UNANIMOUS
c. Oranqe County Planninq Board —Appointments
The Board considered making appointments to the Orange County Planning Board.
A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to
appoint Maxecine Mitchell to the At-Large position (#12) with an expiration date of March 31,
2014.
A motion was made by Commissioner Hemminger, seconded by Commissioner
Foushee to appoint Lisa Stuckey to the Chapel Hill Township position (#11) with an expiration
date of March 31, 2014.
A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to
reappoint Rachel Phelps Hawkins to the Hillsborough Township position (#5) with an expiration
date of March 31, 2014.
A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger
to appoint Jason Baker for the At-Large position (#12) with an expiration date of March 31,
2014.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
appoint Peter Cada for the Eno Township position (#9) with an expiration date of March 31,
2014.
Rachel Phelps Hawkins:
VOTE: UNANIMOUS
Lisa Stuckey:
VOTE: UNANIMOUS
Peter Cada:
VOTE: UNANIMOUS
Maxecine Mitchell:
VOTE: Ayes, 4; Nays, 3 (Commissioner Hemminger, Commissioner Gordon, Chair Pelissier)
12. Board Comments
Commissioner Hemminger— none.
Commissioner Jacobs said that he was reading about changes in the way that libraries
were charged for use of e-books. He would like to find out how Orange County libraries uses
e-books and rents them out. Apparently, after 26 uses of an e-book, the author erases the
book.
Commissioner Jacobs said that there was a story in the NY Times today about how the
water in waste storage pools draining off in Japan and it was described as potentially a worse
disaster than lack of containment on the rods in the reactor. This was the basis of Orange
County's lawsuit through the Nuclear Regulatory Commission. The County tried to get an
approved evacuation plan because Shearon Harris is only required to do a five-mile
evacuation plan. Japan is using 20 miles at the moment and American ships are being moved
farther off shore. There is a no fly zone within 20 miles of those plants. Progress Energy does
not have a plan for this kind of thing, nor does it have a plan for where the people who are
evacuated are going to go. Even the Emergency Services staff of Orange County is trying to
encourage the State Emergency Management to be more proactive in producing plans. He
brought it to the Board's attention so that it will stay in the forefront. There was an email today
from Duke Power saying that everything is fine and not to worry.
Commissioner Jacobs said that earlier when the quarter-cent sales tax was discussed it
was called a public hearing. There have been emails about a better process for engaging with
the public. He suggested exploring some alternative ways to engage with the public that the
public may find more meaningful.
Commissioner Foushee said that last week she attended the NACO in Washington,
DC. She said that she would make her comments in written form. She attended sessions on
economic development and transit. She said that there is no desire to talk about light rail,
sidewalks, bicycle lanes, etc. She said that in the NCAC caucus, there is a sentiment in the
General Assembly to have the conversation about counties taking over road maintenance.
Commissioner Yuhasz said that the Health Director recently announced her retirement
effective May 31St. Tomorrow, the Board of Health will have a special meeting to begin
consideration of the appointment of an interim Health Director and the process of hiring a
permanent Health Director. He invited any comments or suggestions with regard to the
appointment.
Commissioner McKee said that this past Saturday, the Orange High School FFA held a
reverse raffle as a fundraiser. At the end of the meeting, Caldwell Hunting Club held a winning
ticket for$2,500. The club donated this back to the Orange High FFA to be used 50% for
general expenses and 50% to support the Orange High FFA Shooting team. He said that this
is a continuation of a longstanding history of this organization donating time and money to the
community. On the way to the meeting, he said that he received a call from the President of
the club extending an invitation to the general public and to the Board of County
Commissioners on April 15th for the wounded warrior hunting event.
Commissioner Gordon said that Triangle Transit had a work session to get up to speed
for the public workshops. The closest public workshop for this area will be held on March 24tn
from 4-7 p.m. at the Friday Center.
Chair Pelissier reminded everyone that the Agricultural Summit is this coming Monday.
She reported that some representatives from Durham and Orange Counties met together to
talk about the transit plan. There was a good discussion about sharing costs
13. Information Items
• March 3, 2011 BOCC Meeting Follow-up Actions List
14. Closed Session
A motion was made by Commissioner Foushee, seconded by Commissioner
Hemminger to adjourn into closed session at 10:07 p.m.:
"To discuss the County's position and to instruct the County Manager and County Attorney on
the negotiating position regarding the terms of a contract to purchase real property," NCGS §
143-318.11(a)(5); and
"To consult with an attorney employed or retained by the public body in order to preserve the
attorney-client privilege between the attorney and the public body, which privilege is hereby
acknowledged," NCGS 143-318.11(a)(3).
VOTE: UNANIMOUS
RECONVENE INTO REGULAR SESSION:
A motion was made by Commissioner Jacobs, seconded by Commissioner McKee to
reconvene into regular session at 10:35 p.m.
VOTE: UNANIMOUS
15. Adjournment
A motion was made by Commissioner Jacobs, seconded by Commissioner McKee to
adjourn the meeting at 10:36 p.m.
VOTE: UNANIMOUS
Bernadette Pelissier, Chair
David Hunt
Deputy Clerk to the Board