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HomeMy WebLinkAboutMinutes 06-07-2011 APPROVED 8/23/2011 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING June 7, 2011 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, June 7, 2011 at 7:00 p.m. at the DSS Offices, Hillsborough Commons in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier and Commissioners Valerie P. Foushee, Alice M. Gordon, Pam Hemminger, Barry Jacobs, 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, Interim Assistant Manager Michael Talbert and Clerk to the Board Donna S. Baker (All other staff inembers will be identified appropriately) 1. Additions or Chanqes to the Aqenda Chair Pelissier went through the items at the County Commissioners' places. - Cream-colored sheet— revised cover sheet for this meeting - Light blue sheet— edits to minutes for item 5-a, Minutes - Pink sheet— letter from Durham County Chair of the Board of County Commissioners regarding item 8-c; Further Review and Decision Regarding Half- Cent Sales Tax for Transit - Aqua blue — letter from UNC-Chapel Hill and UNC Healthcare regarding item 8-c - Three sets of handouts for item 8-c— PowerPoint presentation, Bus and Rail Investment Plan, and Annual Operating Costs for Transit - Lavender sheet— revised face sheet for item 12-c; Agricultural Preservation Board —Appointments - Yellow sheet— revised membership roster list for item 12-f; Orange Water and Sewer Authority Board of Directors-Appointment PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Aqenda John Robinson lives in Mebane and said that he had a fight with Orange County about 6-7 years ago about his road being torn up and plowed. He ended up going to the District Attorney, who took care of this situation. He said that he was out of town on Memorial Weekend and when he returned his garage doors were open, his tool box was open, and his storage bin doors were open and broken into. He called the Sheriff's Department and a 1 deputy came out and spent about 15 minutes, but he did not bother to investigate. He said that whoever broke in, only took about $300-400 worth of items. Since last week, the deputy gave him a file number and later someone from the Sheriff's Department called and asked to look around, but she never showed up at his house. Since last week, he has called the Sheriff's office three times. He also put up flyers about this incident. Within 24 hours of his flyers going up, he has indentified this individual and he gave this information to Sheriff's department three times but no one has returned his call or returned to his home to find out any more information. He said that the Sheriff's office did not do their job 5-6 years ago and they have not done their job this time around. He said that if the Sheriff does not do anything soon, he is going to sit on the Governor's steps until he gets into the Attorney General's office to have them investigate the Orange County Sheriff. He said that he went to the News of Orange paper and talked with the editor. He asked to have copies of any legal drug or alcohol bust in Orange County in the last three years but the editor had nothing. He said that someone came around in Mill Creek and pulled the street signs down and DOT came out the next day and fixed their signs; but it took Orange County three months to come out and mount its signs on top of the DOT signs, which is illegal. He said that he wanted Orange County to come out to fix their signs. This matter was referred to the staff. b. Matters on the Printed Aqenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Petitions by Board Members Commissioner Jacobs said that he would like for the Board to recognize smaller businesses in Orange County and he would like to petition the Board to work with Economic Development Director Gary Shope to come back with a recognition for Andrea Reusing from the Lantern Restaurant, who was named the best chef in the southeast by the James Beard Foundation. This was national recognition. Commissioner Jacobs said that his second petition is for the staff to come back with a resolution regarding House Bill 910, An Act to Limit Abortion Coverage Under the State Health Plan for Teachers and State Employees as well as Under Any Health Insurance Plan Offered by a County or Municipality. He said that this is dictating to the employees and citizens of Orange County how they should live their lives. He wants to have a resolution opposing this bill. This will be referred to agenda review. 4. Proclamations/ Resolutions/ Special Presentations a. Resolution In Support of Smart Start and More at Four The Board considered a Resolution In Support of Smart Start and More at Four and authorizing the Chair to sign. Jay Bryan, Chair of the Partnership for Young Children Board, thanked everyone for the support. He said that the Orange County Partnership is the first Partnership established in North Carolina. He said that he believes that it remains the flagship Partnership. He said that the children cannot speak to the legislature about this, but everyone else can, which will help change this situation. He said that the Partnership faces up to 35% in cuts, which will devastate many of the programs. He read the resolution. 2 A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve the Resolution In Support of Smart Start and More at Four and authorize the Chair to sign. VOTE: UNANIMOUS ORANGE COUNTY BOARD OF COMMISSIONERS Resolution In Support of Smart Start and More at Four WHEREAS, Orange County needs the most skilled employees now and in the future; and WHEREAS, communities that develop and retain skilled employees excel and spend less tax money on expensive remedial programs; and WHEREAS, public policies must support the development of the next generation of workers so that they can continue to innovate and lead; and WHEREAS, high quality early care, education and services support the early development and learning of young children, and make possible the development of a strong future workforce for our community and businesses; and WHEREAS, research shows that children who enter kindergarten healthy and ready to succeed grow to be job-ready workers who help businesses prosper and good residents who help communities thrive; and WHEREAS, Smart Start and More at Four help create a beneficial workforce, productivity and quality of life conditions in our state, by preventing the achievement gap for at-risk and underprivileged children, producing better outcomes in education, health, personal productivity and economic vitality; and WHEREAS, Smart Start and More at Four contribute to the local economy of Orange County by supporting small businesses, creating jobs and allowing parents to work; and WHEREAS, Orange County supports strong education at all levels from preschool through higher education; NOW, THEREFORE BE IT RESOLVED that we, the Orange County Board of Commissioners, strongly recommend the North Carolina General Assembly support the current levels of funding for Smart Start and More at Four in the FY 2011-2012 budget and future budget years. This the 7th day of June, 2011. b. Appointment of Tax Administrator The Board considered approving a resolution appointing Jenkins Crayton to a two-year term as Orange County Tax Assessor and Orange County Tax Collector under the title of Orange County Tax Administrator, beginning July 1, 2011 through June 30, 2013. Frank Clifton said that this position is appointed by the Board of County Commissioners and Mr. Crayton in fulfilling now the unexpired term of the previous term of Jo Roberson. 3 A motion was made by Commissioner McKee, seconded by Commissioner Yuhasz to approve appointing Jenkins Crayton to a two-year term as Orange County Tax Assessor and Orange County Tax Collector under the title of Orange County Tax Administrator, beginning July 1, 2011 through June 30, 2013. VOTE: UNANIMOUS A RESOLUTION APPOINTING JENKINS CRAYTON TO A TWO-YEAR TERM AS TAX ASSESSOR AND TAX COLLECTOR WITH THE TITLE ORANGE COUNTY TAX ADMINISTRATOR WHEREAS, Jo Roberson stepped down as Orange County Tax Administrator on April 29, 2011 and Jenkins Crayton was appointed by the Orange County Board of Commissioners to complete the unexpired term as Tax Administrator from March 1, 2011 through June 30, 2011; and WHEREAS, The Orange County Tax Administrator serves in the statutory roles of both the Orange County Tax Assessor and the Orange County Tax Collector; and WHEREAS, North Carolina law specifies the Board of County Commissioners shall appoint a qualified person to serve as county tax assessor to a term of not less than two nor more than four years; and WHEREAS, North Carolina law specifies the Board of County Commissioners shall appoint a qualified person to serve as county tax collector for unspecified length of term; and WHEREAS, Jenkins Crayton was appointed to complete the unexpired terms of Jo Roberson in her capacity as Orange County Tax Assessor and Orange County Tax Collector, with the title Orange County Tax Administrator, based on his extensive background and 20 years of public service, and Mr. Crayton has now served three months as Orange County Tax Administrator; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners, as provided for under Chapter 105-294 and Chapter 105-349 of the North Carolina General Statutes, does hereby appoint Jenkins Crayton as Orange County Tax Assessor for a two-term beginning July 1, 2011 and ending on June 30, 2013, and Orange County Tax Collector for a two-term beginning July 1, 2011 and ending on June 30, 2013, and such appointments to be served under the title Orange County Tax Administrator; BE IT FURTHER RESOLVED THAT Mr. Crayton's compensation shall remain the same as approved with his initial appointment to the unexpired term which began on March 1, 2011. This 7th day of June 2011. 5. Consent Aqenda A motion was made by Commissioner Foushee, seconded by Commissioner Yuhasz to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from April 7, 2011 as submitted by the Clerk to the Board. b. Appointments — None 4 c. Motor Vehicle Property Tax Release/Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 37 requests for motor vehicle property tax releases or refunds in accordance with NCGS. d. Approval for Implementation of Purchasinq Card Proqram The Board approved the County entering into an agreement for the Bank of America Purchasing card Program and authorized the Chair to sign the Application on behalf of the Board. e. Home and Community Care Block Grant for Older Adults Fundinq Plan — FY2011-12 The Board approved the Home and Community Care Block Grant Funding Plan for FY 2011-12 in the amount of $489,035 and authorized the Chair to sign the necessary grant documents. f. Approval of 2012-16 Master Aqinq Plan Community Survey The Board approved the use of the Perceptions of Aging in Orange County Survey. g_ Declarinq Two Pieces of Landfill Equipment Surplus The Board declared two pieces of heavy landfill equipment as surplus and authorized the sale of the items through GovDeals. h. Acceptance of State Grants for Baler and Roll-off Containers to Haul Shinqles The Board accepted a grant for$29,968 from State of North Carolina Division of Environmental Assistance and Outreach (NCDEAO) to purchase a baler ($18,000) and to purchase three roll-off containers ($11,968). The County's share for these two purchases is included in Manager's FY 2011/12 Recommended Budget. The Manager further recommends that the Board establish a reduced tipping fee for loads of clean tear-off asphalt shingles at 50% of the prevailing tipping fee for C&D to provide an incentive for more shingle recycling. i. Renewal of Aqreement for Household Hazardous Waste Collection Services The Board approved the Household Hazardous Waste Agreement Addendum with ECOFLO Inc. and authorized the Chair to sign the Agreement addendum. i Disaster Manaqement, Monitorinq and Recovery Services Aqreement The Board approved the agreement with Neel-Schaffer, Inc. for Disaster Debris Management and Monitoring Services and authorized the Chair to sign the agreement. k. Schools Adequate Public Facilities Ordinance (SAPFO) —Approval and Certification of 2011 Report The Board approved the 2011 Schools Adequate Public Facilities Ordinance Technical Advisory Committee Report and certified portions of the Report. I. Resolution Acknowledqinq the Results from the 2010 Census Indicatinq Oranqe County Remains in Lawful Compliance With Applicable Requirements for Board of County Commissioners' Nominatinq Districts The Board approved a Resolution Acknowledging the Results from the 2010 Census Indicating Orange County Remains in Lawful Compliance with Applicable Requirements for Board of County Commissioners' Nominating Districts and authorized the Chair to sign. m. Little River Reqional Park and Natural Area — Renewal of Interlocal Aqreement The Board approved the Interlocal Agreement between Orange County and Durham County for Little River Regional Park and Natural Area and authorized the Manager to sign. n. Carr Mill Mall Lease Extension The Board extended the lease at Carr Mill Mall, Carrboro for a three-month period commencing July 1, 2011 through September 30, 2011 and authorized the Chair to sign. o. Facilities Use Policy Amendment and Revisions 5 The Board adopted the amendments to the Facilities Use Policy, effective September 1, 2011; repealed an Ordinance Regulating Parks and Recreation in Orange County, effective September 1, 2011, and any other ordinance or policy related to facilities use; and direct the fee schedule be incorporated into the FY 2011-2012 Manager's Recommended operating Budget as presented. � Approval of Contract to Purchase Real Property from Joseph T. Forrest The Board approved the purchase of approximately 1.3 acres; authorized the Chair to sign the contract on behalf of the County, subject to final review by staff and County Attorney; and instructed the County Attorney and staff to schedule and complete a closing on the property expected to occur on or about June 30, 2011. VOTE ON CONSENT AGENDA: UNANIMOUS 6. Items Removed From Consent Aqenda — NONE 7. Public Hearinqs a. Public Hearinq to Determine Whether or Not to Grant Economic Development Incentives to Induce a Company to Expand in Oranqe County The Board held a public hearing on the issuance of incentives to a private company by Orange County, City of Mebane and the NC Department of Commerce and to consider approval of an economic development incentive agreement. Frank Clifton said that the County is in the process of awarding a development incentive grant, which will be part of the funds used to match a State of North Carolina grant. AKG is looking at expanding in Orange County. This is a well-known national company. The County will provide $100,000 in five annual installments of $20,000 each. The City of Mebane will provide a $60,000 match and $40,000 of in-kind services. The State of North Carolina will provide a $120,000 grant. This will add 90 new jobs to the County. Economic Development Director Gary Shope made a PowerPoint presentation. He introduced an AKG representative, Ron Pritchard. He also thanked Dottie Schmitt in his office, who was very helpful in keeping this process on track. AKG Mebane NC Began Operation in 1981 in Mebane It is debt-free worldwide Currently 313 employees 100,000 square feet 44 acres on Mebane campus Potential Expansion Additional 90 positions Average wage rate $44,175 Additional 42,000 sq. ft. Moving into green energy with wind generators Additional $3,300,000 investment PUBLIC COMMENT: 6 Aaron Nelson, President of the Chapel Hill-Carrboro Chamber of Commerce, said that he is excited to be here. He said that people in Orange County want economic development. He said that this is an extraordinary company. A motion was made by Commissioner Hemminger, seconded by Commissioner Foushee to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Hemminger, seconded by Commissioner McKee to approve the economic development incentive agreement, and authorize the Chair to sign the agreement on behalf of the County. VOTE: UNANIMOUS Chair Pelissier said that this shows that Orange County is interested in assisting current businesses to expand and not just recruiting new businesses. She hopes that this is a start of other things to come. Frank Clifton said that Gary Shope has been in an interim capacity and an agreement has been reached for Gary Shope to stay on as Economic Director on a permanent basis. 8. Reqular Aqenda a. Petition to Rename Oranqe County Public Market House The Board considered a request from the Eno River Farmers' Market to rename the Orange County Public Market House located within River Park on the County's main campus in Hillsborough. Frank Clifton said that the County has been approached by the group that is currently managing the market to rename this facility. Most of this is aimed at getting the operation greater recognition, and the Town of Hillsborough is in the process of creating a new marketing identification sign process. Environment, Agriculture, Parks, and Recreation Director Dave Stancil stated that the packet includes background information on this. There are two proposed names. The Eno River Farmers' Market has suggested that a change in the name would help in location of the Market House, in terms of making more people aware of where it is. The two suggestions are Farmers' Market Pavilion or Farmers' Market House. PUBLIC COMMENT: Johnny Rogers is President of the Eno Rivers Farmers' Market and said that they constantly have challenges with the location of this market. He said that when the new signage ordinance comes online with the Town of Hillsborough, it will be increasingly more challenging to put out the signage needed. This is a year-round market that is open every Saturday. Commissioner Jacobs said that he and Commissioner Gordon served on the group that did a lot of the planning for this facility in 2007. He suggested the name, "Farmers' Market Pavilion." A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to name the public market house, "Farmers' Market Pavilion." Commissioner Gordon asked why the name is causing difficulty with respect to the location. When it was named, there were other intended uses for the facility besides a farmers' market. Dave Stancil said that there is confusion with not having "farmers' market" in the name. 7 Chair Pelissier said that she does not understand how changing the name will help if there is a limit on signage. Johnny Rogers said that there will be way-finding signage throughout the town but they would not be able to put out their weekly farmers' market signage, which they can do now. Commissioner Yuhasz said that this is supposed to be a gathering place for many and identifying it just as a farmers' market may limit who uses it. Commissioner Foushee agreed. PUBLIC COMMENT: Lisa Pope is on the board of the farmers' market with Johnny Rogers. She said that she was told that there is an actual public market house elsewhere in Hillsborough and this was historically where slaves were traded. There was confusion about whether it was the other place, or this current place. Commissioner Gordon asked for confirmation that the public market house no longer exists in Hillsborough, but was named after a historic structure. Dave Stancil said that this was his understanding. Discussion ensued about how the facility was originally named. Commissioner Foushee said that she is not certain about making the title exclusively to farmers' market, since it will be used for other gatherings. Commissioner McKee said that one concern he has is that the County has made it a point to push agriculture in Orange County, and though this is a multi-use facility, he would support the original motion. VOTE: Ayes, 4; Nays, 3 (Nays-Commissioner Gordon, Commissioner Foushee, Chair Pelissier) b. Central Efland — Phase 2/Northern Buckhorn Easement Condemnation The Board considered authorizing County Staff to initiate condemnation of the private easements required to construct and maintain the Central Efland and Northern Buckhorn sewer extensions if these easements cannot be procured voluntarily. Planning Director Craig Benedict introduced this item. The negotiations have been going with this process for about six months. The deadlines with the State are approaching. The process is to continue negotiations through the month and send a letter out to let citizens know that signatures are needed. There are approximately 30 in the Efland area and 10 in the Buckhorn area. Chair Pelissier asked if all invited parties showed up at the community meetings. Craig Benedict said that about 70% showed up. Commissioner Yuhasz said that it is important to move forward to fulfill their promises. He does not want to have to condemn, but will agree if it comes to that. Commissioner McKee encouraged staff to use all possible steps to get voluntary signatures. If not, then this will need to go forward. John Roberts clarified that this is not a condemnation that takes anyone's property, but only to acquire an easement for a utility line to go under the surface. Commissioner Jacobs said that this is not just for economic development, but also for residents in general. A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to authorize County Staff to initiate condemnation of the private easements required to construct and maintain the Central Efland and Northern Buckhorn sewer extensions if these easements cannot be procured voluntarily. 8 VOTE: UNANIMOUS c. Further Review and Decision Reqardinq One-Half(1/2) Cent Sales Tax for Transit The Board continued discussion and making decisions regarding the Orange County Bus and Rail Investment Plan draft associated with the Triangle Regional Transit Plan (1/2 cent sales tax), received updates on municipal meetings and developed a schedule for the Orange County Transit Plan (OCTP) implementation. Craig Benedict introduced this item. This is a continuation of the work session on May 19th with Triangle Transit. There will be a vote on this on June 22nd, and the comments need to be in before that time. Commissioner Gordon said that the MPO will be holding two public open house meetings in Orange County—June 14th at the Chapel Hill Town Hall and June 16th in Hillsborough at the Orange County Library. David King, Triangle Transit Executive Director, said that they hope to review questions that the Board of County Commissioners mentioned before and others that may arise. He stressed that this whole process has been a collaboration. Patrick McDonough, Senior Transportation Planner with Triangle Transit, made a PowerPoint presentation. Orange County Bus and Rail Investment Plan: Responding to Questions What We Heard: Questions Regarding Financial Planning - Does rail investment have the potential to crowd out bus investment, especially if there are cost overruns? - How can we effectively control costs and project delivery? - What is the proportion of spending on bus and rail by year? Questions Regarding Light Rail - Are 4,000 parking spaces along the line enough? - Will development around LRT stations compete with economic development opportunities in northern Orange County? - Does light rail make as much sense in Chapel Hill as it does in the region's largest city? (Raleigh) - Meadowmont was designed for light rail. Why study another route? Other Questions - Which services most benefit northern Orange County residents? Financial Plan: Being Fiscally Conservative Approaches to Financial Conservatism: Cost - Rail cost estimates: Specific 30% Cost Contingency on: o Construction, Right-of-way Acquisition - Unspecified additional general contingency: 4.6% - Use Inflation of Federal CBO/OMB, but add 0.5% long term 9 Approaches to Financial Conservatism: Revenue - Plan for minimum balance of $3 million/year (approx 60% of %2-cent annual proceeds) while running buses, planning for rail - Use long-term revenue growth assumption (3.6%) below historical average (4.0%) and economist projections (4.5%) - Assume no interest on cash balances in plan - Use bond-market acceptable debt service coverage ratios Financial Plan: Mix of Rail and Bus Investment (graph) Are 4,000 Parking Spaces Enough for Light Rail? Triangle Transit Onboard Survey, 2009 - How do you get to the bus stop? o Walk—40% o Drive —27% o Another Bus — 18% o Dropped Off— 11% o Bike — 3% Charlotte Light Rail, Rider Access Summary, 2008: - Walk to transit trips each day: 10,800 - Drive to transit trips each day: 4,000 Rail & Economic Development in N. Orange New Business Profile: Mystery Brewing - 620 Valley Forge Rd, Hillsborough o New local craft beer brewery o Brewing in Orange County, distributing to Triangle, Triad, Charlotte, NC Coast, Asheville, & more - Owner lives in Chapel Hill, close to proposed Gateway rail station. Chose business location for proximity to I-85/I-40 "I want to be on the highway in 5 minutes when distributing my beer. I want my customers to be able to enjoy drinking my product without having to drive home." — Erik Myers, Owner - Sees densities created by rail as future market opportunity - Sees Hillsborough as best place for brewing/distribution logistics before or after rail being built Is Chapel Hill travel heavy enough for light rail? Daily Riders by Transit Company, Triangle 2011 - Chapel Hill Transit: 27,400 - Durham Area Transit Authority: 17,500 - Capital Area Transit: 16,000 o NCSU wolfline: �14,000 - Triangle Transit: 5,100 10 Annual Riders per Municipal Population - = Riders x 251 weekdays/population - Chapel Hill/Carrboro: 94 annual rides/resident - Durham: 19.2 annual rides/resident - Raleigh: 18.6 annual rides/resident Is Chapel Hill travel heavy enough for light rail? (maps) Why study an alternative to Meadowmont? - Federal Lands - Army Corps of Engineers Property - Environmentallmpact - Uncertainty of impacts before EIS makes a backup path prudent Benefits to N. Orange: Duke Employees/EDDs - Brown = Mebane to Hillsborough to Duke/Durham Route - Buckhorn, Eno EDDs potential stops - Link via Hillsborough circulator to County Seat, Durham Tech @ Waterstone Benefits to N. Orange: UNC; Hillsborough Employees - Brown = Hillsborough to Chapel Hill - Improvements in Chapel Hill / Carrboro help those who P/R in towns - Improved frequency from Hillsborough adds choices for N. Orange UNC Commuters - Local Circulator aids parking in Hillsborough Questions and Discussion www.ourtransitfuture.com Mila Vega, Transportation Planner for Orange County, made a PowerPoint presentation. Orange County Transit Plan: Bus Service Component Discussion Overview - Background - Stakeholders - Identified Need - Goals and Strategies - Bus Service Plan Highlights Background - Multi-level approach o Planning Staff 11 o Elected Officials Plan Stakeholders - Plan development process: Staff level and Elected Officials Local Governments: Orange County, Chapel Hill, Carrboro, Hillsborough, and Mebane Educational Institution: University of North Carolina Transit Providers: Chapel Hill Transit, Orange Public Transportation, Triangle Transit Metropolitan Planning Organization: Durham-Chapel Hill-Carrboro MPO Bus Service Needs - County-wide service needs - Available resources - Bus projects ranking Goals and Strategies Goals - Improve mobility in the region - Provide geographic equity - Support improved capital facilities - Support transit supportive land use - Provide positive impact on air quality Strateqies - Improve connectivity - Increase frequency in peak hours - Improve weekend, night services - Fill in gaps in existing service - Maintain existing services Plan Phases Year 1 22,050 bus hours Year 3 44,000 bus hours Year 4 and beyond (2035) 50,400 bus hours 12 Year 1 — 20,500 hours - Enhanced service in the US 15/501 corridor o Expend existing Chapel Hill Transit routes o Expand hours of service - Enhanced service on Triangle Transit Route 405 o Increase peak-hour service frequency - New Mebane-Hillsborough-Durham Express - Enhanced service in NC 54 corridor o Expand existing routes within the corridor - Existing service support Year 3 —44,000 hours - Expanded Hillsborough Circulator Route service o Enhanced peak-hour service o New Saturday service - New and enhanced weekend & evening service in Chapel Hill, Carrboro, & UNC o New Sunday service o Enhanced Saturday service o Enhanced evening service - Enhanced rural service - Enhanced service on Triangle Transit Route 800 o Increase peak-hour frequency o Expand Saturday hours of service - Enhanced service on Triangle Transit Route 405 o Expand Saturday hours of service - Enhanced service on Triangle Transit Route 420 o Increase peak-hour frequency Year 4 and beyond 50,400 bus hours - Enhanced rural service o Continue service expansion - Enhanced service on Pittsboro-Chapel Hill Express o Increase peak-hour frequency - Enhanced service on Triangle Transit Route 800 o Continue peak-hour frequency increase - Enhanced weekday service in Chapel Hill, Carrboro, & UNC o Increase peak-hour frequency Chair Pelissier asked for information that is important to the financial plan and the principles of the cost share proposal with Durham County and bus rapid transit. Patrick McDonough said that this is a multi-county investment and there are benefits and costs on both sides of the County. The question is what would be an equitable distribution for both entities to pay for the infrastructure. A lot of transportation officials and County staff got together and assessed this. There is a pretty even split on the ridership. The compromise was that Orange County would pay for the investment that was in Orange County or within the 13 Town limits of Chapel Hill. All of the investment within Durham County will be paid for by Durham County. Regarding the bus rapid transit in Chapel Hill, there is a park and ride lot on Eubanks Road and Chapel Hill Transit is proposing some bus-only lanes on Martin Luther King from Eubanks Road down to Estes Drive, which is three miles. The preliminary cost is $25 million for this. Commissioner Gordon said that Triangle Transit staff was helpful in getting her information and she had asked for some specific information that needs to be shared with the Board of Commissioners. She then shared some information about the cost of the rail line. For the segment of the line in Orange County, the cost for 2.89 miles is $223 million; in the part of Chapel Hill that is in Durham County, the cost for 0.88 miles is $73 million; and in rest of Durham County the cost for 13.47 miles is $911 million. She thinks that all of these numbers need to be verified. She said that the cost per mile that Orange County is paying is more than the cost per mile that Durham is paying. She thinks that this is an excellent overview, but some of the details are still needed to fully understand this. PUBLIC COMMENT: Patrick Mulkey is a resident of Bingham Township. He said that there has been change since the election in 2008 and every level of government is suffering. He said that he does not share the optimism for the economy that the speakers have. He said that they are in for some long-term changes in how things are done. He said that this is a multi-million dollar plan over a 20+ year commitment. He said that in the past, the County Commissioners have always said they cannot make those types of long-term commitments. He knows that this %2-cent sales tax will eventually come up on a referendum, but he does not think this is the time. He also asked if the 3.6% sales tax growth was per year. Patrick McDonough said that, with the sales tax growth, they are looking at long-term and short-term growth rates. The 3.6% is not until 2015. Regarding borrowing, the rail infrastructure in Orange County will be $330 million. They are looking at borrowing 10% that will begin in 2019-2022. He is happy to share the financial information with anybody. Chair Pelissier clarified that the capital investment for the light rail presumes federal and state monies, which is why the County would not be borrowing that sum of money, because it presumes that there would be money from other sources. Chair Pelissier said that the County Commissioners have before them a request from the Durham County Board of County Commissioners to adopt in principle the financial plan. She said that the Orange County Board of Commissioners has not said that it is comfortable with the financial plan. She asked what it means to adopt the financial plan in principle. She is concerned that this financial plan makes assumptions about cost sharing, and if it is adopted in principle, she is worrying that it is agreement to a cost-sharing. John Roberts said that he would recommend that the Board of County Commissioners not adopt anything in principle until it has been reviewed by the Finance and County Attorney's offices. Commissioner McKee said that he is not yet comfortable with the financial plan. He is concerned that if the County Commissioners adopt anything in principle that it would mean that they are implying that they are supportive of the plan and signaling that a %2-cent sales tax would be put on the ballot. He would prefer to have public hearings about this. Commissioner Gordon said that it would be hard to adopt tonight without due diligence about this plan but there is another meeting on June 21St, which is before the MPO vote on 14 June 22nd. She said that staffs have given good overviews tonight. She suggested having a discussion and moving forward on June 21St Chair Pelissier said that she would like to see comments on the balance of the additional bus hours and the capital expenditures and if this plan meets the needs of the Orange County residents. The other area is the cost sharing and what is being proposed. She said that they might want to consider the varying costs of the light rail line versus bus hours. Commissioner McKee said that there seems to be a significant increase in bus hours in the first three years. He asked what these usage projections were based on. Craig Benedict said that the total plan is 75,000 hours distributed regionally, locally, etc., and there are several iterations. Commissioner McKee said that if there is any part of this plan that he supports it is the bus component. He said that he is concerned that routes and bus hours are going to be increased without an increase in unique riders. Craig Benedict explained that this will be reevaluated as it becomes a living document. Commissioner McKee said that the Chapel Hill Transit system is fare free and he asked if it is sustainable in the long run to have a fare free system. Patrick McDonough said that the key point is that the fare is being paid for by taxes but this policy drives the ridership. It is the assumption that only Chapel Hill Transit will remain fare free. Commissioner Yuhasz said that this is overwhelming since he has not been involved in this process over time. He asked to see a chart with the numbers of the different levels of spending. He said that this financial plan assumes something greater than 90% funding is coming from someone else. He asked if there was a Plan B if the 90% disappears. David King said that this is the question that is on everyone's mind. He said that they are on version 8 of this plan. If the funding falls through, then there would only be buses and no light rail. Discussion ensued on the different financial iterations. Chair Pelissier asked for Commissioner Gordon's perception on bus hours with this financial plan. Commissioner Gordon said that she would like for the County Commissioners to look at the information and give her some feedback. She would like to move forward as a Board with this when there is consensus. This plan is important for mobility and for the environment. Chair Pelissier said that the County Commissioners should keep in mind that both the Towns of Chapel Hill and Carrboro have endorsed this financial plan, which means that they like the number of bus hours. This is an important point. The Town of Hillsborough has not yet reviewed it. UNC is also supportive of this financial plan. There certainly needs to be public input on the bus plan. Commissioner Foushee said she agreed with all the points made by Commissioner Gordon and she would not want to miss an opportunity to put a plan forward. She said that she has some of the same concerns as Commissioner McKee related to what to expect from the federal government. As the region grows, she wants the County to be a part of the planning process. She wants to move forward with a transportation plan that works for Orange County. Commissioner Jacobs said that, for the most part, he agreed with Commissioner Foushee. He also wants to ratify the comment that the Chair made regarding the fact that the Board has not heard from the public yet. He said that he would like to try and have a schedule to make a decision in some manner that the County Commissioners can signal to Durham County so that it can put it on the ballot knowing that Orange County is supportive too. He said that no one can predict the future, but they should try and get to a place where they are 15 generally comfortable as a group to let Durham County know that Orange County is interested in a regional plan. Commissioner McKee said that a regional plan is not a regional plan unless the largest player is part of it. The largest player—Wake County - has decided to take itself out of the equation. Orange County is depending on two assumptions —that the federal government and the state are going to come to the table with 75% of the money to finance this light rail. He would like to have this in two parts: a bus plan and a light rail. He is not supportive of a light rail at this point. Commissioner Hemminger said that this has been the most informational session. She said that she has to be realistic and she is interested in the bus component of this plan, but she is not ready to move this on the ballot in the fall. She still has not heard about the license tag fee and she would like a timetable. Chair Pelissier said that she is hearing that there are some who are uncomfortable with a financial plan for light rail because of the uncertainties of the state and federal funding. She said that if there is no plan for light rail, even though it makes an assumption, then there will be no light rail. Plan B would be a bus system only, if there are no monies from the federal and state governments. She said that the County Commissioners want more details. She said that there is no outline in the plan what happens with the obligations of the %2-cent sales tax. For example, the %2-cent sales tax cannot be used for supplanting existing services, but only for new services. There are a lot of things that have been discussed and it needs to all be in one place and one document. All of the regional bus routes, including which ones are fare free, should be in writing. Commissioner Yuhasz said that they all see the value in participating in a regional transportation plan. However, with the financial plan, he is not prepared to make a decision on that during this budget season. He said that all of this information should be brought to the Board over the break so that the County Commissioners can make a decision when they return in the fall. He said that he does not want to place the %2-cent transit tax on the ballot in the fall. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to not proceed with a November 2011 referendum on the %2-cent sales tax and set a date later this year for discussion of the new timetable and get further information related to Orange County components of the local and regional transit plans, and indicate to Durham, Carrboro, Chapel Hill, UNC, and the public our continued interest in pursuing participation and in enhanced regional public transportation system. VOTE: UNANIMOUS Commissioner Gordon asked about June 21St and Chair Pelissier said that the motion did not specify when to receive more information. Chair Pelissier asked if the Board wanted to look at the interlocal agreement. Commissioner Foushee said to leave this document until later. David King thanked the County Commissioners for their time and they have taken a shot at putting information in writing for a plan. He said that he would provide all of this information to the County Commissioners. Commissioner Foushee asked to have the draft interlocal agreement available for the County Commissioners to see. Craig Benedict said that the draft is in the packet, but it is edited on a daily basis by multiple parties. The additional information can come to the Board on June 21St Frank Clifton said that he understands what the Board is asking for, but there are limitations of staff and there are two more budget meetings between now and June 21St 16 Commissioner Jacobs said that the Manager's point is well taken. He suggested that a small group of some County Commissioners and a few staff get together and work through this information. 9. Reports a. Oranqe County Utility and Fuel Conservation Initiatives & PerFormance The Board considered a report regarding 1) the purpose of the Energy Conservation Team; 2) the County's historical use of energy, water and fuel use; and 3) the work plan for conservation and efficiency. Jeff Thompson of the Asset Management Services Department introduced this item. Utility and Fuel Conservation Inaugural Report Board of County Commissioners June 7, 2011 Objectives - Purpose of Team - Utility & Fuel Use - Work Plan for Conservation and Efficiency Background - Economics - Orange County Leadership o TJCOG High Performance Building Standards o Energy, Fuel and Water Use Policies o Environmental Stewardship Action Committee o Alternative Fuel Vehicles Current Energy, Water& Fuel Use - FY 05 Through FY10 o Energy use: 1% less since FY05 o Water use: 18% less since FY05 o Fuel use: no change since FY05 - Conservation initiatives focused on newer buildings, which are not yet fully reflected in the data. Current Energy, Water& Fuel Use - Newer buildings beginning to demonstrate results: o Compared to Southern Human Services Ctr: ■ West Campus Office Bldg - 35% less energy ■ Justice Facility— 57% less energy (geothermal) - Future years will more fully reflect the impact of investment in conservation technologies 17 Initiatives - Analysis and verification of energy, water and fuel use data; - Work Plan for Continuous Improvement; - Development of a performance "Score Card"; - Detailed reporting on new facilities and fuel technologies Fall 2011 Team Reduction Goals - In line with North Carolina conservation objectives o Energy use: ■ 20% cumulative through FY15; ■ additional 10% cumulative through FY17 - Water use: 0 5% cumulative through FY17 - Fuel use: 0 10% cumulative through FY15; o additional 5% cumulative through FY17 - Success will be dependent on available funds For More Information: Orange County Utility and Fuel Use and Conservation Initiatives -Inaugural Report located at: http://www.co.oranqe.nc.us/AssetMqmt/includes/documents/AttachmentA- conservation Report-final.�df Commissioner Jacobs said that he appreciated all of this work and for making this a focus. He made reference to page 12 and the standards based on state conservation goals. He said that he would like to see what Chapel Hill and Carrboro have as far as conservation objectives. On page 17, he would like further information on vehicles and the composition of the fleet. He made reference to page 35 and policies related to lights, refrigerators, and microwaves. He hopes to have a policy about stay-on televisions, which use electricity. The ones at Southern Human Services Center are on all the time. Commissioner Jacobs made reference to the environmental responsibility goal that the Board of County Commissioners adopted in 2005. In this goal it mentions reduced resource consumption and increasing use of recyclable products, renewable energy services, etc., and this is not in the report. He hopes that someone comes back with this. He said that there are constantly instances where recycled products are not used at County functions. Wayne Fenton said that these appendices are what the Board of County Commissioners adopted in 2005 and implemented in 2006 and they will bring back in revisions in the fall. Chair Pelissier said that it would be good to see the dollar value of their savings in using conservation methods. 10. County Manaqer's Report Frank Clifton said that the County Commissioners had received a letter from OCS about the '/4-cent sales tax proposal with regards to the term, "equitable split" between the two school systems. 18 He said that there needs to be a structure brought forth for the EDC. He said that the County had an arrangement with the Town of Chapel Hill regarding the construction of the aquatic center. There will need to be a budget amendment to incorporate this since it is open now. 11. County Attorney's Report John Roberts said that when he became employed here he expanded the Manager's signature authority. His recommendation was that the Board of County Commissioners retains signature authority for interlocal agreements with the exception of some of these minor interlocal agreements like animal control. He asked if the County Commissioners would want to reconsider this for smaller service agreements. Commissioner Foushee said that if they remain within the financial stipulations, then she is ok with it. Commissioner Hemminger said that she would like this brought back as an agenda item to make sure what services the staff is talking about. Commissioner Yuhasz said that these come back as consent items, generally. Commissioner Jacobs agreed with Commissioner Yuhasz. Commissioner Gordon said that the Board needs to see the list of agreements. 12. Appointments a. Adult Care Home Community Advisory Committee —Appointment The Board considered making an appointment to the Adult Care Home Community Advisory Committee. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to appoint Mr. Max Mason to the At-Large position (#4) with a term expiring June 30, 2012. VOTE: UNANIMOUS b. Affordable Housinq Advisory Board —Appointments The Board considered making appointments to the Affordable Housing Advisory Board. A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to appoint the following to the AHAB: Nannie M. Richmond to At-Large position #5; Patsy Barbee to At-Large position #8; and Mark Johnson to At-Large position #11 with terms expiring June 30, 2014. Also, to appoint Audra Marotta to position #3 and Anna MacDonald Dobbs for position #12. VOTE: UNANIMOUS c. Aqricultural Preservation Board —Appointments The Board considered making appointments to the Agricultural Preservation Board. A motion was made by Commissioner McKee, seconded by Commission Hemminger to appoint Kim Woods to Caldwell Volunteer Ag District position #3 with a term expiring June 30, 2014; Roland Walters to At-Large position #8 with a term expiring June 30, 2013; and Allan Green to At-Large position #9 with a term expiring June 30, 2014. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to appoint Lynette Batt for At-Large position #12. VOTE: UNANIMOUS 19 d. Animal Services Advisory Board —Appointments The Board considered making appointments to the Animal Services Advisory Board. A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to appoint Donna Bravo to At-Large position #7 with a term expiring June 30, 2013; Michael Stewart to At-Large position #8 with a term expiring June 30, 2014; Dr. Lisa Woolman to Animal Advocacy position #9 with a term expiring June 30, 2014; and Suzanne Roy to Animal Advocacy position #11 with a term expiring June 30, 2014. VOTE: UNANIMOUS e. Board of Health —Appointments The Board considered making appointments to the Board of Health. A motion was made by Commission Yuhasz, seconded by Commission Jacobs to appoint Dr. Susan Elmore to Veterinarian position #1 with a term expiring June 30, 2014; Mr. Michael Wood to Community Representative position #3 with a term expiring June 30, 2014; and Ms. Lisa Lackey to Nurse position #4 with a term expiring June 30, 2014. VOTE: UNANIMOUS f. Oranqe Water& Sewer Authority Board of Directors (OWASA) — Appointment The Board considered making an appointment to the Orange Water& Sewer Authority Board of Directors. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to appoint Joyce Preslar to a second term appointment expiring June 30, 2014. Commissioner McKee said that there was a discussion on a more intensive process on some of the critical boards. He wants to know where they are on this process and whether they should hold off on the appointment of OWASA and the Planning Board. Clerk to the Board Donna Baker said that the guidelines are coming back at the June 16th work session. Commissioner Jacobs said that Ms. Preslar could continue to serve and they could defer the remaining appointments. Chair Pelissier said that she would prefer to defer this appointment until the guidelines are in place for those boards, especially the ones with financial responsibilities. Commissioner Gordon said that she is willing to defer the OWASA appointment, because there is someone that is currently serving and will continue to serve until someone is appointed. However, there is a vacancy on the Planning Board and she would like to fill it. Commissioner Foushee suggested having a list of these boards that will have distinctions. She does not think it is appropriate to make these distinctions during the course of the appointment process of these boards. She wants to decide that ahead of time. VOTE (to reappoint Ms. Preslar): Ayes, 3 (Commissioner Foushee, Commissioner Hemminger, Commissioner Jacobs); Nays, 4 (Commissioner McKee, Commissioner Gordon, Chair Pelissier, and Commissioner Yuhasz) This was a vote to delay the appointment and not to deny this person serving. Commissioner Gordon said that the only reason she would vote to do this is that there is already someone in the position. Commissioner Jacobs said that this is not to be taken as any measure of disrespect for Ms. Preslar. 20 g_ Oranqe County Planninq Board –Appointment The Board considered making a first-term appointment to the Orange County Planning Board. A motion was made by Commission Gordon, seconded by Commissioner Jacobs to change Brian Crawford from an At-Large representative to the Eno Township representative and appoint Johnny Randall as an At-Large representative. Chair Pelissier said that she does not want to vote on this appointment since there will be a discussion next week about the guidelines of these boards. Commissioner Yuhasz agreed and said that this is one of the most important boards that the County Commissioners appoint. He said that there needs to be a different process of appointments. He said that his vote in opposition is not in opposition to the person but to the appointment itself. Chair Pelissier agreed and said that her vote would not be about the person either. VOTE: Ayes, 4; Nays, 3 (Commissioners McKee, Pelissier, and Commissioner Yuhasz since they wish to defer appointment until after the June 16th work session discussion on citizen advisory boards) h. Commissioner Appointment– Solid Waste Interlocal Aqreement Work Gr�— The Board considered making a Commissioner appointment to the Solid Waste Interlocal Agreement Work Group. Commissioner Yuhasz volunteered for this work group as the BOCC representative, seconded by Commissioner Foushee. VOTE: UNANIMOUS 13. Board Comments Commissioner Jacobs said that the Ag Processing Center is finally at the place where it can start to operate. The manager is going to move in within two weeks. Commissioner Jacobs requested that John Roberts monitor gun legislation in the General Assembly. Chair Pelissier said that today there was the regular meeting with DOT and there is going to be work on an access management plan for the EDD. 14. Information Items • May 17, 2011 BOCC Meeting Follow-up Actions List 15. Closed Session-NONE 16. Adjournment A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to adjourn the meeting at 11:00 p.m. VOTE: UNANIMOUS 21 Bernadette Pelissier, Chair Donna S. Baker, CMC Clerk to the Board 22