HomeMy WebLinkAboutMinutes 06-21-2011 APPROVED 10/4/2011
MINUTES
BOARD OF COMMISSIONERS
REGULAR MEETING
JUNE 21, 2011
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, June
21, 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 Gwen Harvey,
Interim Assistant County Manager Michael Talbert and Clerk to the Board Donna S. Baker (All
other staff members 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 Changes to the Agenda
A motion was made by Commissioner McKee, seconded by Commissioner Yuhasz to
add an additional item to the agenda, which would be 5-cc, Approval of Duke Energy Right of
Way at Orange County South Landfill.
VOTE: UNANIMOUS
A motion was made by Commissioner Foushee, seconded by Commissioner
Hemminger to add a closed session for the purpose of to "consider the qualifications,
competence, performance, character, fitness, conditions of appointment, or conditions of initial
employment of an individual public officer or employee or prospective public officer or
employee," N.C.G.S. §143-318.11(a)(6).
VOTE: UNANIMOUS
Chair Pelissier went over the additional items at the County Commissioners' places:
- Peach sheet— replacement for item 5-d, Property Tax Releases and/or Refunds
- Blue sheet— revision to item 5-y— Changes in BOCC Meeting Schedule for 2011
- White sheet— replacement page for item 8-a —Approve the FY2011-16 Orange County
Capital Investment Plan
- White sheet— additional information for item 8-b, Approval of Fiscal Year 2011-12
Budget Ordinance, FY 2011-12 County Capital and Grant Project Funding, and County
Fee Schedule
- Yellow sheet— additional information from Commissioner Gordon for item 8-g,
Information Regarding One-Half Cent Sales Tax for Orange County Transit
Public Charge
The Chair dispensed with the reading of the public charge.
2. Public Comments
a. Matters not on the Printed Agenda
NONE
b. Matters on the Printed Agenda
(These matters were considered when the Board addressed that item on the agenda
below.)
3. Petitions by Board Members (Three Minute Limit Per Commissioner)
Commissioner Jacobs said that the County Commissioners received a copy of a
resolution from Durham County and the City of Durham regarding the closing of Pickett Road
to facilitate the New Hope Preserve Park. He would like to petition to bring this item back.
Commissioner Jacobs said that the County Commissioners got a copy in late May from
the Triangle J Council of Governments of the Resolution in Support of Requiring Watershed
Protection and Regional Watershed Protection Fee. He would like to bring this item back also
and bring it to the attention of the five water providers in Orange County.
4. Proclamations/ Resolutions/ Special Presentations
NONE
5. Consent Agenda
A motion was made by Commissioner Foushee, seconded by Commissioner
Hemminger to approve those items on the consent agenda as stated below:
a. Minutes
The Board approved the minutes from April 19 and 26, 2011 as submitted by the Clerk to
the Board.
b. Appointments — None
c. Motor Vehicle Property Tax Release/Refunds
The Board adopted a refund resolution, which is incorporated by reference, related to 31
requests for motor vehicle property tax releases or refunds in accordance with NCGS.
d. Property Tax Releases and/or Refunds
The Board adopted a resolution, which is incorporated by reference, to release property
values related to twenty-two (22) requests for property tax release and/or refund in
accordance with North Carolina General Statute 105-381.
e. Amendment to the Orange County Personnel Ordinance, Article II to Add
Provisions for Disability and Reasonable Accommodation
The Board approved the addition of Article II, Sections 1.5 and 1.6 and Section 3.0
Disability and Reasonable Accommodation to the Orange County Personnel Ordinance to
formally adopt a policy in compliance with federal and state laws and regulations governing
disability discrimination.
f. Employee Cellular Device Policy
The Board approved an Employee Cellular Device Policy for the reimbursement of
business use of employees' cellular devices.
g_ Orange County ABC Board Travel Policy
The Board approved the Orange County Alcoholic Beverage Control (ABC) Board adoption
and use of Orange County's travel policy.
h. Agreements Between Chapel Hill Carrboro City Schools, Orange County Schools,
and Health Department for School Nurses
The Board approved the renewal agreements between Chapel Hill-Carrboro City Schools,
Orange County Schools and the Health Department for nine school nurses and authorized
the Chair to sign.
L Orange County Landfill Engineering Services Agreement
The Board approved an agreement for general engineering and environmental services for
the Solid Waste Department with Clough Harbour and Associates (previously Olver,
Incorporated) for professional engineering services for three additional years through June
30, 2014 and authorized the Manager to sign, and any subsequent renewals or
amendments.
L Approval of Food and Organic Waste Collection and Composting Agreement
This item was removed and placed at the end of the consent agenda for separate
consideration.
k. County Provision of Recycling Service for Chapel Hill-Carrboro City Schools
Facilities
The Board approved a Memorandum of Understanding with the Chapel Hill-Carrboro City
School System to provide recycling collection services to Chapel Hill-Carrboro City Schools
and other school system facilities and authorized the Manager to sign.
I. Resolution of Approval — Conservation Easement for Breeze Farm (Phase 2)
The Board adopted the resolution, which is incorporated by reference, approving the
acceptance by Orange County of the conservation easement and authorized the Chair and
the Clerk to sign the conservation easement agreement, subject to final review by the staff
and County Attorney, with a closing and recordation of the document expected to occur on
or about September 30, 2011.
m. Central Efland — Phase 2/Northern Buckhorn Easement Approvals
The Board approved the private easement agreements required to construct and maintain
the Central Efland and Northern Buckhorn sewer extensions and authorizes the Chair to
sign.
n. Central Efland — Phase 2/Northern Buckhorn State Revolving Fund Loan Offer
Approval
The Board approved the State Revolving Fund loan offer from the Local Government
Commission for the purpose of constructing the Central Efland and Northern Buckhorn
sewer extensions and authorized the Chair to sign.
o. County Manager Authority for Efland-Buckhorn Sewer Capital Project Items
The Board authorized the County Manager to execute necessary documents for pre-
construction activities necessary for the Central Efland Phase II- Northern Buckhorn Sewer
Capital Project, including authorization to engage a Construction administration and/or
Construction Materials Testing professional services firm with costs in excess of $90,000,
subject to County Attorney review. The authorization is specific to these two projects and
relates to a three-month timeframe.
p. August 22, 2011 Quarterly Public Hearing Legal Advertisement Process
This item was removed and placed at the end of the consent agenda for separate
consideration.
q. Comprehensive Plan and Unified Development Ordinance (UDO) Amendment
Schedule for August Joint Quarterly Public Hearing and Regular Meeting Items
This item was removed and placed at the end of the consent agenda for separate
consideration.
r. Contract between the Rural Advancement Foundation International - USA and
Orange County for Growing New Farmers for the Piedmont Grant for the PLANT 01
Breeze Farm Enterprise Incubator
The Board approved a contract and accepted a $30,000 grant from the Rural
Advancement Foundation International — USA and Orange County for a 2011 Tobacco
Communities Reinvestment Fund Grant for the PLANT @ Breeze Farm Enterprise
Incubator at the WC Breeze Family Farm Extension & Research Center.
s. Status Update for Orange County Small Business Loan Program Company
Including Updates to `Operating Policies and Procedures'
The Board received a status update on recent activities of the Orange County Small
Business Loan Program Company and approved updates to the "Operating Policies and
Procedures as endorsed by the acting Board of Directors of the Loan Program.
t. Potential Expansion of Foreign Trade Zone #93
The Board directed staff to gather additional information on the impact of expanding
FTZ#93 to include Orange County; and authorize the BOCC Chair to submit a letter of
support to TJCOG stating Orange County's interest in being included within the Service
Area of FTZ#93.
u. Reconfiguration of Advisory Board to Orange County Economic Development
The Board approved the Resolution to Repeal the 1982 Resolution Creating the Orange
County Economic Development Commission, which is incorporated by reference, that
formally dissolves the Economic Development Commission; authorized the Board Chair to
provide written expressions of appreciation to current and past members of the advisory
group to the Orange County Economic Development Commission for their service to the
County; directed staff to develop a proposed reconfigured Economic Development
Advisory Board structure along with recommendations as to the suggested membership
categories and organizational representatives; and encouraged staff to initiate recruitment
of qualified persons to be considered by the Board of County Commissioners for
appointment to the newly constituted Orange County Economic Development Advisory
Board.
v. Community HOME Trust— Request to Increase Income Requirements
The Board supported the request by the Community HOME Trust to increase the target
population of those served by its programs from 80% of area median income to 115% of
area median income with the following conditions:
1. Community HOME Trust must provide an annual report that includes statistics
regarding the number of families served and their total annual income in relation to
the HUD median income; and
2. No subsidy dollars (federal, state, or local) should be provided for homebuyers with
incomes above 80%.
w. Fiscal Year 2010-11 Budget Amendment #11
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, Visitor's Bureau, Chapel Hill-Carrboro City Schools Capital
Projects, The Aquatics Center and Southern Community Park, and Health Department—
Medicaid Maximization Capital Project.
x. 2010-11 County Employee Performance Award
The Board recognized overall County employee performance effort with approval of a "non-
recurring" one-time performance award for all employees actively employed as of June 3,
2011.
a. Full-time permanent employees hired prior to October 1, 2010 will receive a
performance award of $500.
b. Permanent employees hired on or after October 1, 2010 will receive a prorated
amount of the $500 award according to the following criteria:
• Hired April 1, 2011 through June 3, 2011 - $125
• Hired January 1, 2011 through March 31, 2011 - $250
• Hired October 1, 2010 through December 31, 2010 - $375
c. Permanent employees who work less than 40 hours per week will receive a
prorated amount of the performance award. (Example: an active permanent
employee who works 30 hours per week and receives 75% of the full-time salary for
the position would receive $375 prior to any tax and retirement deductions).
d. Permanent employees on leave without pay are eligible for the award provided they
were employed by the County on June 3, 2011.
e. Currently active temporary employee who received a paycheck during the months
of May or June 2011 will receive a prorated amount of the $500 award according to
the following criteria:
• Worked less than 500 hours during FY 2011-12 - $125
• Worked 500 or more but less than 1,000 hours during FY 2011-12 -
$250
• Worked 1,000 or more but less than 1,500 hours during FY 2011-12 -
$375
• Worked 1,500 or more hours during FY 2011-12 - $500
f. Individuals who are paid by the State and/or are considered State employees are
not eligible for the award.
The Board also authorized this employee performance award for payment on June
24, 2011 as a separate payment to each employee in recognition of their efforts
and commitment to Orange County.
y. Changes in BOCC Regular Meeting Schedule for 2011
The Board amended its regular meeting calendar for 2011 by:
- Changing the location of the Board of Commissioners' Work Session on Tuesday,
September 13, 2011 from Link Government Services Center to the DSS Offices,
Hillsborough Commons, 113 Mayo Street, Hillsborough, N. C.
- Changing the time and the location of the BOCC Joint Meeting with the City of Mebane,
which is currently scheduled for Thursday, September 15, 2011 at 7:00 p.m. at the DSS
Offices, Hillsborough Commons TO changing the start of the meeting to 6:00 p.m. and
the location of the meeting would be the West Campus Office Building, Conference
Room on lower floor, 131 W. Margaret Lane, Hillsborough, N. C.
z. Resolution Opposing House Bill 111 Regarding Carrying Concealed Weapons in
Parks
The Board approved the Resolution Opposing House Bill 111; authorized the Chair to sign
the resolution; and directed the Clerk to the Board to forward a copy of the signed
resolution to Orange County's legislative delegation, leaders of the North Carolina General
Assembly, and the chairs of the House and Senate committees responsible for house Bill
111.
aa. Resolution Opposing House Bill 910 Regarding the Prohibition on Local
Governments from Providing Abortion Coverage to Employees
The Board approved the resolution Opposing House Bill 910; authorized the Chair to sign
the resolution; and directed the Clerk to the Board to forward a copy of the signed
resolution to Orange County's legislative delegation, leaders of the North Carolina General
Assembly, and the chairs of the House and Senate committees responsible for House Bill
910.
bb.Intergovernmental Agreements
This item was removed and placed at the end of the consent agenda for separate
consideration.
cc.Approval of Duke Energy Right-of-Way at Orange County South Landfill
The Board approved the right-of-way agreement with Duke Energy for the power lines at
the Orange County South Landfill and authorized the Chair to sign on behalf of the Board.
VOTE ON CONSENT AGENDA: UNANIMOUS
6. Items Removed From Consent Agenda
L Approval of Food and Organic Waste Collection and Composting
Agreement
The Board considered approving an agreement that enables the County Solid Waste
Management Department to provide collection for separated food waste and organic material
to commercial and institutional establishments throughout Orange County and authorizing the
Chair to sign.
Commissioner Jacobs thanked Gayle Wilson and Solid Waste staff for bringing this up
last year. He wants to bring this to the attention of the municipal partners. This will continue to
advance the County to the 61% waste reduction goal. He has asked if the Breeze Farm would
be able to work with the schools on a composting program and he said that staff had indicated
that it would be possible.
Solid Waste Director Gayle Wilson said that the answer was intended to be yes. The
contractor wants to do it all or nothing and not just some of it, so the Breeze Farm would have
to pick up all of it.
Commissioner Jacobs asked to communicate this to the staff of the Breeze Farm.
A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger
to approve an agreement that enables the County Solid Waste Management Department to
provide collection for separated food waste and organic material to commercial and
institutional establishments throughout Orange County and authorize the Chair to sign.
VOTE: UNANIMOUS
P_- August 22, 2011 Quarterly Public Hearing Legal Advertisement Process
The Board considered approving staff to work with the Chair/Vice-Chair/Manager over
the summer break on the August 22, 2011 joint BOCC/Planning Board Quarterly Public
Hearing legal advertisement.
Commissioner Gordon said that the usual process is to have the Board of County
Commissioners approve all legal public hearings. She is concerned that this sets a precedent.
Perdita Holtz said that this is the only time to apply this. This is a one-time issue.
A motion was made by Commissioner Foushee, seconded by Commissioner
Hemminger to forgo formal Board approval of the August 22, 2011 Quarterly Public Hearing
legal advertisement and allow staff to work with the Chair, Vice-Chair, and Manager over the
summer break on the legal advertisement which will be sent to the newspapers on August 5 for
publication on August 10 and 17, 2011.
VOTE: UNANIMOUS
q. Comprehensive Plan and Unified Development Ordinance (UDO)
Amendment Schedule for August Joint Quarterly Public Hearing and Regular Meeting
Items
The Board considered approving the process components and schedule for three
government-initiated items currently scheduled to be heard at the August 22, 2011 Quarterly
Public Hearing and one item currently scheduled for the August 23, 2011 BOCC regular
meeting.
Commissioner Gordon said that she feels that the OUTBoard should review this. Also,
when they get to the Commercial-Industrial Transition Activity Node, it will be decided later in
the agenda. She asked for the Board's approval of OUTBoard review.
Chair Pelissier suggested that the OUTBoard look at this by a date certain so that the
process would not be held up.
Craig Benedict said that the OUTBoard could review this at the July meeting and the
date certain could be August 1St
The legal ad is due to the papers on August 5 th
A motion was made by Commissioner Gordon, seconded by Commissioner Yuhasz to
approve the attached Amendment Outlines and direct staff to proceed accordingly, with the
change that the OUTBoard be asked for its recommendation by August 1St
Commissioner McKee said that he is concerned about multiple layers of input.
VOTE: Ayes, 6; No, 1 (Commissioner McKee)
bb. Intergovernmental Agreements
The Board considered authorizing the Manager to approve various intergovernmental
agreements.
Commissioner Gordon asked if this was for future years or this year. She asked if there
were any implications for any other boards and Annette Moore said no.
A motion was made by Commissioner Foushee, seconded by Commissioner Yuhasz to
approve authorizing the Manager to approve various intergovernmental agreements, which are
incorporated by reference.
VOTE: UNANIMOUS
7. Public Hearings
a. 2030 Comprehensive Plan Text Amendment (CP-2011-4)
The Board received the Planning Board's recommendation, considered closing the
public hearing, and making a decision on a County-initiated text amendment to the 2030
Comprehensive Plan regarding the Commercial-Industrial Transition Activity Node definition.
Comprehensive Planner Tom Altieri introduced this item. This item was discussed at
the May 23 d Quarterly Public Hearing. At the QPH, the BOCC expressed some concerns with
the changes proposed for the definition and asked that some more specific language be
included in the definition. The requested additional language is related to references to major
transportation routes and also public and wastewater services. The recommendations were
included by staff and the Planning Board unanimously approved this item with the additional
language. The language is provided on page 5-16.
The draft minutes of the May 23 d QPH and the June Planning Board meeting are
provided.
Commissioner Gordon said that she did make sure that this was still a transition area
node.
No public comment.
A motion was made by Commissioner Yuhasz, seconded by Commissioner McKee to
close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Yuhasz, seconded by Commissioner McKee to
adopt the Resolution To Amend the 2030 Comprehensive Plan ( resolution #2011-067)
contained in Attachment 3, which approves the amendment.
VOTE: UNANIMOUS
b. 2030 Comprehensive Plan Map Amendment (CP-2011-01) Area A
The Board received the Planning Board's recommendation, considered closing the
public hearing, and making a decision on a County-initiated amendment to the 2030
Comprehensive Plan Land Use Element Map affecting 423 acres bounded by Ben Wilson Rd.,
Bowman Rd., Wet Ten Rd., and Interstate 85/40, which is also adjacent to the City of Mebane.
Tom Altieri introduced this item. He said that this is a change from Agricultural
Residential to Commercial Industrial Transition Activity Node. This item was also heard at the
May 23 d QPH. There were no comments in opposition of this amendment, but there were
some questions that were addressed at the hearing. In June, the Planning Board unanimously
voted to recommend approval to the Board of County Commissioners. The motion included a
request to encourage Planning staff to continue reaching out to the people living within the
amendment area. There have been resident meetings and there will continue to be these
meetings.
There was no public comment.
A motion was made by Commissioner McKee, seconded by Commissioner Yuhasz to
close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner McKee, seconded by Commissioner Yuhasz to
receive the Planning Board's recommendation of approval and adopt the Resolution to Amend
the 2030 Comprehensive Plan (CP-2011-01) ( resolution #2011-068) contained in Attachment
3, which is incorporated by reference, which approves the amendments.
VOTE: UNANIMOUS
C. 2030 Comprehensive Plan Map Amendments (CP-2011-02 and CP-2011-03)
Areas B and C
The Board received the Planning Board's recommendation, considered closing the
public hearing, and making a decision on County-initiated amendments to the 2030
Comprehensive Plan Land Use Element Map affecting approximately 118-acres along the
general corridor of Interstates 85/40.
Tom Altieri made this presentation. These areas are currently classified as Agricultural
Residential and proposed for either a Commercial Industrial Transition Activity Node or a Ten-
Year Transition Area. The amendments were heard at the May 23 d QPH. The Planning
Board also voted unanimously for this item for both areas.
There was no public comment.
A motion was made by Commissioner Foushee, seconded by Commissioner
Hemminger to close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Foushee, seconded by Commissioner
Hemminger to receive the Planning Board's recommendation of approval and adopt the
Resolution to Amend the 2030 Comprehensive Plan Map (CP-2011-02 and CP-2011-03)
(resolution #2011-069) contained in Attachment 3, which approves the amendments, and
which is shown below.
VOTE: UNANIMOUS
A RESOLUTION AMENDING
THE 2030 COMPREHENSIVE PLAN
CP-2011-02 and CP-2011-03
WHEREAS, Orange County initiated amendments to the Orange County 2030
Comprehensive Plan Land Use Element Map, as established in Section 2.3 of the Orange
County Unified Development Ordinance (UDO), to reclassify approximately 118-acres from
Agricultural Residential to Commercial-Industrial Transition Activity Node (CP-2011-02) and 16-
acres from Agricultural Residential to 10-Year Transition (CP-2011-03) , and
WHEREAS, amendment area CP-2011-02 is generally bounded by Mt. Willing Road,
Southern Drive, 1-85/US-70 Connector, and Interstates 1-85/40, and
WHEREAS, amendment area CP-2011-03 is located at the southern end of Gaines
Chapel Road, and
WHEREAS, the requirements of Section 2.3 of the Unified Development Ordinance
(UDO) have been deemed complete, and
WHEREAS, the Board finds that the Land Use Element Map amendments will carry out
the intent and purpose of the adopted Efland-Mebane Small Area Plan and is internally
consistent with the 2030 Comprehensive Plan or part thereof including, but not limited to, the
following:
Principle 7: Promotion of Economic Prosperity and Diversity
Economic Development (ED) Overarching Goal: Viable and sustainable economic
development that contributes to both property and sales tax revenues, and enhances high-
quality employment opportunities for County residents.
Objective ED-2.5: Identify lands suitable to accommodate the expansion
and growth of commercial and industrial uses.
Objective ED-2.9: Consider industrial sites in Agricultural-Residential areas along the U.S.
70/1-85 highway and rail corridor.
Objective ED-2.10: Extend public water and sewer into all three Economic Development
Districts.
Land Use Overarching Goal: Coordination of the amount, location, pattern and designation
of future land uses, with availability of County services and facilities sufficient to meet the
needs of Orange County's population and economy consistent with other Comprehensive
Plan element goals and objectives.
Objective LU-3.5: Encourage energy and water use in an efficient manner by industries
and encourage energy efficient industries to locate or expand in the County in Rural
Industrial, Commercial/Industrial, and Economic Development Nodes.
Objective LU-3.6: Establish consistency between the Land Use Plan and the Water and
Sewer Management Planning and Boundary Agreement and Map.
Objective LU-3.8: Develop a process for implementing small area plan recommendations
through the revision of County policies and regulations.
Housing Overarching Goal: Opportunity for all citizens of Orange County to rent or
purchase safe, decent, accessible, and affordable housing.
Housing Goal 1: A wide range of types and densities of quality housing affordable to all in
all parts of the County, and
WHEREAS, the amendments are consistent with the Water and Sewer Boundary
Agreement and Map and are a follow-up to Upper Eno Watershed Critical Area amendments,
which occurred in June 2010.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Orange
County, North Carolina, that the Land Use Element Map, provided in Chapter 5 of the Land
Use Element of the 2030 Comprehensive Plan, is hereby amended as described herein.
d. Amendments to Unified Development Ordinance (UDO) - Office /
Institutional (0/1) Zoning District and Other Related Sections
The Board received the Planning Board recommendation, considered closing the public
hearing and making a decision on Planning Director-initiated amendments to certain sections
of the UDO related to the Office/Institutional zoning district.
Planning Director Craig Benedict said that there are two items that deal with the Unified
Development Ordinance. This item is a change to the text related to the Office Institutional
Zoning District. This included some definitions, permitted uses, and some development
standards that are within that district. This was heard at the May 23 d QPH and public input
was received at that time. The Planning Board voted unanimously to approve the zoning text
amendments.
There was no public comment.
A motion was made by Commissioner Hemminger, seconded by Commissioner McKee
to close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Hemminger seconded by Commissioner McKee
to adopt the Ordinance of Approval for the UDO text amendments (Ordinance 2011-023)
contained within Attachment 2, which is incorporated by reference.
VOTE: UNANIMOUS
e. Zoning Atlas Amendment— Efland Area
The Board received the Planning Board's recommendation, considered closing the
public hearing, and making a decision on a County-initiated rezoning of 112.35 acres of
undeveloped land in the Efland area.
Craig Benedict made this presentation. He pointed out this area on a map. This was
also heard at the May 23 d QPH. The Planning Board voted unanimously to recommend this to
the Board of County Commissioners. There were some comments about the review of a small
piece of property that looked like it was an access ramp. NCDOT does not have a problem
incorporating this into the zoning map amendment.
There was no public comment.
Commissioner Gordon said that she had a concern about a text amendment and
zoning amendment at the same public hearing and the same meeting to approve both of
these.
Commissioner Jacobs agreed with Commissioner Gordon.
A motion was made by Commissioner McKee, seconded by Commissioner Yuhasz to
close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner McKee, seconded by Commissioner Yuhasz to
receive the Planning Board's recommendation of approval and adopt the ordinance
(Ordinance 2011-024) contained in Attachment 3, which approves the rezoning and which is
incorporated by reference.
VOTE: Ayes, 6, No, 1 (Commissioner Gordon)
Commissioner Jacobs asked how many acres were moved into categories capable of
being used for Economic Development.
Craig Benedict said that with land use changes, it is approximately 500 acres. He said
that this is the first time since 1994 that the government has rezoned an area for economic
development purposes.
Commissioner Jacobs said that this is a significant breakthrough.
Chair Pelissier said that she hopes the press takes note of this.
8. Regular Agenda
a. Approve the FY2011-16 Orange County Capital Investment Plan
The Board considered approving the FY2011-16 Orange County Capital Investment
Plan.
Michael Talbert said that this is the approval of the FY 2011-16 Capital Investment
Plan. Attachment 1 lists the recommended projects. The actual approval of the budget has
been put in the resolution that the Board will consider later in the agenda. This is a five-year
plan and the only commitments are in year one. There are two changes from the work session
on June 14th. The 112 North Churton Street project has been deleted for$152,000 and
$75,000 was added back for the loan pool reserves for economic development. This change
subtracts out $77,000 from the plan in year 1. The total five-year plan is now $121,937,077.
Also, there are changes recommended in regard to the project in year 2 for the
Northern Human Services Facility. They will be working on a plan with the community to come
back to the Board in August to schedule a public meeting. The current tenant will be given
notice.
The final CIP approved tonight will be put on the County's website and will be published
as part of the annual budget document.
A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs
to approve the FY2011-16 Orange County Capital Investment Plan.
VOTE: UNANIMOUS
b. Approval of Fiscal Year 2011-12 Budget Ordinance, FY 2011-12 County
Capital and Grant Project Funding, and County Fee Schedule
The Board considered approving the FY 2011-12 Budget Ordinance, FY 2011-12
County Capital and Grant Project funding, and the County Fee Schedule.
Financial Services Director Clarence Grier went over this item. He read the Resolution
of Intent, as shown below:
Resolution of Intent to Adopt the 2011-12
Orange County Budget
The items outlined below summarize decisions that the Board acted upon June 14, 2011 in
approving the Resolution of Intent to Adopt the FY2011-12 Orange County Annual Operating
Budget.
WHEREAS, the Orange County Board of Commissioners has considered the Orange County
2011-12 Manager's Recommended Budget; and
WHEREAS, the Commissioners have agreed on certain modifications to the Manager's
Recommended Budget as presented in the 2011-12 County Manager's Recommended Budget
on May 17, 2011;
NOW THEREFORE BE IT RESOLVED, that the Orange County Board of Commissioners
expresses its intent to adopt the 2011-12 Orange County Budget Ordinance on Tuesday,
June 21, 2011, based on the following stipulations:
1) Property Tax Rates
a) The ad valorem property tax rate shall be set at 85.8 cents per$100 of assessed
valuation.
b) The Chapel Hill-Carrboro City Schools District Tax shall be set at 18.84 cents per
$100 of assessed valuation.
c) The Fire District tax rates shall be set at the following rates (all rates are based on
cents per$100 of assessed valuation):
• Cedar Grove 7.36
• Chapel Hill 7.50
• Damascus 5.00
• Efland 4.66
• Eno 5.99
• Little River 4.06
• New Hope 8.95
• Orange Grove 4.08
• Orange Rural 5.61
• South Orange 7.85
• Southern Triangle 5.00
• White Cross 7.00
2) County Employee Pay and Benefits Plan
Provide a County employee pay and benefits plan that includes:
a. No cost of living increase or in-range salary increase.
b. Funding to address an employee health insurance increase up to 15.0%, effective
January 1, 2012.
c. Increasing the Living Wage to $10.81 an hour.
d. Implementing recommendations of the County's FY 2010-11 internal Classification and
Pay studies, which totals $60,000.
e. Extending the six-month hiring freeze and the voluntary furlough program.
f. Continuing the $27.50 per pay period County contribution to non-law enforcement
employees' 401(k) accounts.
g. Increasing the County's contribution to the Local Governmental Employees' Retirement
System (LGERS) for all permanent employees.
3) Modifications to County Manager's FY 2011-12 Recommended Annual Operating
Budget
The recommended modifications to the County Manager's Recommended Budget are
incorporated by reference in the permanent agenda files in the Clerk's office.
4) New Staff Positions to Improve Service Delivery (Increase in new FTEs Approved)
The New Staff Positions to Improve Service Delivery (Increase in new FTEs Approved) are
incorporated by reference in the permanent agenda files in the Clerk's office.
5) Increases in Current FTEs to Improve Service Delivery (Increase in FTE Approved)
The Increases in Current FTEs to Improve Service Delivery (Increase in FTE Approved)are
incorporated by reference in the permanent agenda files in the Clerk's office.
6) General Fund Appropriations for Local School Districts
The following FY 2011-12 General Fund Appropriations for Chapel Hill-Carrboro City
Schools and Orange County Schools are approved:
a) Current Expense appropriation for local school districts totals $59,375,382 and equates
to a
per pupil allocation of $3,102.
1) The Current Expense appropriation to the Chapel Hill-Carrboro City Schools is
$36,305,808.
2) The Current Expense appropriation to the Orange County Schools is
$23,069,574.
b) Recurring Capital appropriation for local school districts totals $3,000,000
1) The Recurring Capital appropriation to the Chapel Hill-Carrboro City Schools
totals $ 1,834,500.
2) The Recurring Capital appropriation to the Orange County Schools totals
$1,165,500.
c) Long Range (Pay-As-You-Go) Capital appropriation for local school districts totals
$2,628,969.
1) The Long-Range (Pay-As-You-Go) Capital appropriation to the Chapel Hill-
Carrboro City Schools totals $1,607,615.
2) The Long-Range (Pay-As-You-Go) Capital appropriation to the Orange County
Schools totals $1,021,354.
d) School Related Debt Service for local school districts totals $18,182,682, which
includes $663,196 for the establishment of a school debt service reserve for future
debt service on school capital projects.
e) Fair Funding appropriation for local school districts totals $988,000. This
appropriation is to be split 50/50 between Chapel Hill-Carrboro City Schools and
Orange County Schools.
f) Additional County funding for local school districts totals $1,806,116.
(1) School Health Nurses —Total appropriation of $634,332 with $433,875
allocated for Chapel Hill-Carrboro City Schools and $200,457 allocated for
Orange County Schools.
(2) School Social Workers —Total appropriation of $642,374 allocated in the
Department of Social Services to provide School Social Workers to Orange
County Schools.
(3) School Resource Officers —Total appropriation of $529,410 allocated in the
Sheriff's Department to provide School Resource Officers to Orange County
Schools.
7) County Fee Schedule
To adopt the County Fee Schedule to include all changes included in the FY 2011-12
Manager's Recommended Annual Operating Budget. (this information can be found in the
permanent agenda files in the Clerk's office.)
Fiscal Year 2011-12
Budget Ordinance
Orange County, North Carolina
Be it ordained by the Board of Commissioners of Orange County
Section I. Budget Adoption
There is hereby adopted the following operating budget for Orange County for this fiscal year
beginning July 1, 2011 and ending June 30, 2012, the same being adopted by fund and
activity, within each fund, according to the following summary:
Current InterFund Fund Total
Fund Balance
Revenue Transfer Appropriated Appropriation
$175,981,18
General Fund 8 $1,064,917 $1,131,417 $178,177,522
Emergency Telephone Fund $455,396 $0 $50,952 $506,348
Fire Districts Fund $3,501,612 $0 $60,189 $3,561,801
Section 8 (Housing) Fund $4,598,183 $86,997 $0 $4,685,180
. .. .. ...
Community Development
Fund $771,890 $228,437 1 $0 $1,000,327
Efland Sewer Operating Fund $142,000 $88,500 $0 $230,500
Revaluation Fund $0 $185,000 $35,365 $220,365
........ ........ .........
Visitors Bureau Fund $1,078,005 $0 $0 $1,078,005
School Construction Impact
Fees Fund $1,040,000 $0 $0 $1,040,000
Solid Waste/Landfill
Operations Enterprise Fund $10,817,401 $0 $1,537,106 $12,354,507
Sportsplex Enterprise Fund $2,541,050 $649,279 $0 $3,190,329
Community Spay/Neuter Fund $38,000 $0 $8,000 $46,000
Section II. Appropriations
That for said fiscal year, there is hereby appropriated out the following:
Function Appropriation
General Fund
Governing and Management $14,072,861
General Services $7,707,067
Community and Environment $5,801,941
Human Services $32,525,916
Public Safety $19,697,379
Culture and Recreation $2,219,103
Education $63,939,903
Debt Service $28,018,850
Transfers to Other Funds $4,194,502
Total General Fund $178,177,522
Emergency Telephone System Fund
Public Safety $506,348
Total Emergency Telephone System Fund $506,348
Fire Districts
Cedar Grove $202,265
Chapel Hill $1,726
Damascus $45,733
Efland $308,214
Eno $435,224
Little River $168,189
New Hope $495,860
Orange Grove $308,322
Orange Rural $745,221
South Orange $426,159
Southern Triangle $166,774
White Cross $258,114
Total Fire Districts Fund $3,561,801
Section 8 (Housing) Fund
Human Services $4,685,180
Total Section 8 Fund $4,685,180
Community Development Fund (Urgent Repair
Program)
Human Services $144,873
Total Community Development Fund(Urgent Repair
Program) $144,873
Community Development Fund (HOME Program)
Human Services $785,454
Total Community Development Fund(HOME
Program) $785,454
Community Development Fund (Homelessness
Partnership Program)
Human Services $70,000
Total Community Development Fund(Homelessness
Program) $70,000
Total Community Development Fund Programs $1,000,327
Efland Sewer Operating Fund
Community and Environment $230,500
Total Efland Sewer Operating Fund $230,500-IIIIIIIIIIIII ....
Revaluation Fund
General Services $220,365
Total Revaluation Fund $220,365
Visitors Bureau Fund
Community and Environment $1,078,005
Total Visitors Bureau Fund $1,078,005
School Construction Impact Fees
Transfers to Other Funds $1,040,000
Total School Construction Impact Fees Fund $1,040,000
Solid Waste/Landfill Operations
Solid Waste/Landfill Operations $12,354,507
Total Solid Waste/Landfill Operations $12,354,507
SportsPlex Enterprise Fund
Culture and Recreation $3,190,329
Total Sportsplex Enterprise Fund $3,190,329
Community Spay/Neuter Fund
Governing and Management $46,000
Total Community Spay/Neuter Fund $46,000
Section III. Revenues
The following fund revenues are estimated to be available during the fiscal year beginning July
1, 2011 and ending June 30, 2012, to meet the foregoing appropriations:
Function Appropriation
General Fund
Property Tax $133,471,175
Sales Tax $15,283,790
Licenses & Permits $313,000
Intergovernmental $15,989,453
Charges for Services $9,517,472
Investment Earnings $140,000
Miscellaneous $1,266,298
Transfers from Other Funds $1,064,917
Appropriated Fund Balance $1,131,417
Total General Fund $178,177,522
Emergency Telephone System Fund
Charges for Services $455,396
Appropriated Fund Balance $50,952
Total Emergency Telephone System Fund $506,348
Fire Districts
Property Tax $3,499,961
Investment Earnings $1,651
Appropriated Fund Balance $60,189
Total Fire Districts Fund $3,561,801
Section 8 (Housing) Fund
Intergovernmental $4,598,183
From General Fund $86,997
Total Section 8 Fund $4,685,180
Community Development Fund (Urgent Repair Program)
From General Fund $144,873
Total Community Development Fund(Urgent Repair $144,873
Program)
Community Development Fund (HOME Program)
Intergovernmental $729,190
From General Fund $56,264
Total Community Development Fund(HOME Program) $785,454
Community Development Fund(Homelessness
Partnership Program)
Intergovernmental 42,700
From General Fund 27,300
Total Community Development Fund(Homelessness
Partnership Program) $70,000
Total Community Development Fund Programs $1,000,327
Efland Sewer Operating Fund
Charges for Services $142,000
From General Fund $88,500
Total Efland Sewer Operating Fund $230,500
....
Revaluation Fund
From General Fund $185,000
Appropriated Fund Balance $35,365
Total Revaluation Fund $220,365
Visitors Bureau Fund
Occupancy Tax $841,598
Sales & Fees $2,500
Intergovernmental $233,407
Investment Earnings $500
Appropriated Fund Balance $0
Total Visitors Bureau Fund $1,078,005
School Construction Impact Fees Fund
Impact Fees $1,040,000
Total School Construction Impact Fees Fund $1,040,000
Solid Waste/Landfill Operations
Sales & Fees $8,646,299
Intergovernmental $403,589
Miscellaneous $79,661
..
Licenses & Permits $50,000
Interest on Investments $20,000
General Fund Contribution for Sanitation Operations $1,617,852
Appropriated Reserves $1,537,106
Total Solid Waste/Landfill Operations $12,354,507
Sportsplex Enterprise Fund
Charges for Services $2,541,050
From General Fund $649,279
Total Sportsplex Enterprise Fund $3,190,329
Community Spay/Neuter Fund
Animal Tax $27,000
Intergovernmental $10,000
Miscellaneous $1,000
Appropriated Fund Balance $8,000
Total Community Spay/Neuter Fund $46,000
Section IV. Tax Rate Levy
There is hereby levied for the fiscal year 2011-12 a general county-wide tax rate of 85.8 cents
per $100 of assessed valuation. This rate shall be levied in the General Fund. Special district
tax rates are levied as follows:
Cedar Grove 7.36
Chapel Hill 7.50
Damascus 5.00
Efland 4.66
Eno 5.99
Little River 4.06
New Hope 8.95
Orange Grove 4.08
Orange Rural 5.61
South Orange 7.85
Southern Triangle 5.00
White Cross 7.00
Chapel Hill-Carrboro School District 18.84
Section V. General Fund Appropriations for Local School Districts
The following FY 2011-12 General Fund Appropriations for Chapel Hill-Carrboro
City Schools and Orange County Schools are approved:
a) Current Expense appropriation for local school districts totals $59,375,382, and
equates to a per pupil allocation of $3,102.
1) The Current Expense appropriation to the Chapel Hill-Carrboro City Schools is
$36,305,808.
2) The Current Expense appropriation to the Orange County Schools is
$23,069,574.
b) Recurring Capital appropriation for local school districts totals $3,000,000
1) The Recurring Capital appropriation to the Chapel Hill-Carrboro City Schools
totals $1,834,500.
2) The Recurring Capital appropriation to the Orange County Schools totals
$1,165,500.
c) Long-Range (Pay-As-You-Go) Capital appropriation for local school districts totals
$2,628,969
1) The Long-Range (Pay-As-You-Go) Capital appropriation to the Chapel Hill-
Carrboro City Schools totals $1,607,615.
2) The Long-Range (Pay-As-You-Go) Capital appropriation to the Orange County
Schools totals $ 1,021,354.
d) School Related Debt Service for local school districts totals $18,182,682, which
includes $663,196 for the establishment of a school debt service reserve for future debt
service on school capital projects.
e) Fair Funding appropriation for local school districts totals $988,000. This appropriation
is to be split 50/50 between Chapel Hill-Carrboro City Schools and Orange County
Schools.
f) Additional County funding for local school districts totals $1,806,116
1) School Health Nurses - Total appropriation of $634,332 with $433,875 allocated
for Chapel Hill-Carrboro City Schools and $200,457 allocated for Orange
County Schools
2) School Social Workers - Total appropriation of $642,374 allocated in the
Department of Social Services to provide School Social Workers to Orange
County Schools
3) School Resource Officers - Total appropriation of $529,410 allocated in the
Sheriff's Department to provide School Resource Officers to Orange County
Schools
Section VI. Schedule B License
In accordance with Schedule B of the Revenue Act, Article 2, Chapter 105 of the North
Carolina State Statutes, and any other section of the General Statutes so permitting, there are
hereby levied privilege license taxes in the maximum amount permitted on businesses, trades,
occupations or professions which the County is entitled to tax.
Section VII. Animal Licenses
A license costing $10 for sterilized dogs and sterilized cats is hereby levied. A license for un-
sterilized dogs and a license for un-sterilized cats is $30 per animal.
Section VIII. Board of Commissioners' Compensation
The Board of County Commissioners authorizes that:
• Salaries of County Commissioners will be adjusted by any cost of living increase, any
in-range salary increase and/or any other general increase granted to permanent
County employees. For fiscal year 2011-12, the approved budget does not include any
cost of living increase, any in-range salary increase and/or any other general increase
granted to permanent County employees.
• Annual compensation for County Commissioners will include the County contribution for
health insurance, dental insurance and life insurance that is provided for permanent
County employees, provided the Commissioners are eligible for this coverage under the
insurance contracts and other contracts affecting these benefits.
• County Commissioners' compensation includes eligibility to continue to participate in
the County health insurance at term end as provided below:
• If the County Commissioner has served less than two full terms in office (less
than eight years), the Commissioner may participate by paying the full cost of
such coverage. (If the Commissioner is age 65 or older, Medicare becomes the
primary insurer and group health insurance ends.)
• If the County Commissioner has served two or more full terms in office (eight
years or more), the County makes the same contribution for health insurance
coverage that it makes for an employee who retires from Orange County after
10 years service as a permanent employee. If the Commissioner is age 65 or
older, Medicare becomes the primary insurer and group health insurance ends.
The County makes the same contribution for Medicare Supplement coverage
that it makes for a retired County employee with 10 years service.
• Annual compensation for Commissioners will include a County contribution for
each Commissioner to the Deferred Compensation (457) Supplemental
Retirement Plan that is the same as the County contribution for non-law
enforcement County employees in the State 401 (k) plan.
Section IX. Budget Control
General Statutes of the State of North Carolina provide for budgetary control measures
to exist between a county and public school system. The statute provides:
Per General Statute 115C-429:
(c) The Board of County Commissioners shall have full authority to call for, and the
Board of Education shall have the duty to make available to the Board of County
Commissioners, upon request, all books, records, audit reports, and other information
bearing on the financial operation of the local school administrative unit.
The Board of Commissioners hereby directs the following measures for budget administration
and review:
That upon adoption, each Board of Education will supply to the Board of County
Commissioners a detailed report of the budget showing all appropriations by function
and purpose, specifically to include funding increases and new program funding. The
Board of Education will provide to the Board of County Commissioners a copy of the
annual audit, monthly financial reports, copies of all budget amendments showing
disbursements and use of local moneys granted to the Board of Education by the
Board of Commissioners.
Section X. Internal Service Fund - Dental Insurance Fund
The Dental Insurance Fund accounts for the receipt of premium payments from the County for
its employees and from the employees for their dependents, and the payment of employee
claims and administration expenses. Projected receipts from the County and employees for
2011-12 are $395,493 and projected expense for claims and administration for 2011-12 is
$415,000. An allocation of $19,507 will be made from reserves in the fund to balance.
Section XI. Encumbrances
Operating funds encumbered by the County as of June 30, 2011 are hereby reappropriated to
this budget.
Section XII. Capital Projects & Grants Fund
The County Capital Improvements Fund, Schools Capital Improvements Fund, Community
Development Fund and the Grant Projects Fund are hereby authorized. Appropriations made
for the specific projects or grants in these funds are hereby appropriated until the project or
grant is complete. (This information can be found in the permanent agenda files in the Clerk's
office.)
The County Capital Projects Fund FY 2011-12 budget, with anticipated fund revenues of
$2,780,000 and project expenditures of $2,780,000 (see Attachment 3), is hereby adopted in
accordance with G.S. 159 by Orange County for the fiscal year beginning July 1, 2011, and
ending June 30, 2012, and the same is adopted by project. (This information can be found in
the permanent agenda files in the Clerk's office.)
The County Grant Projects Fund FY 2011-12 budget, with anticipated fund revenues of
$537,349 and project expenditures of $537,349 (see Attachment 4), is hereby adopted in
accordance with G.S. 159 by Orange County for the fiscal year beginning July 1, 2011, and
ending June 30, 2012, and the same is adopted by project. (This information can be found in
the permanent agenda files in the Clerk's office.)
Any capital project or grant budget previously adopted, the balance of any anticipated, but not
yet received, revenues and any unexpended appropriations remaining on June 30, 2011, shall
be reauthorized in the 2011-12 budget.
Section XIII. Contractual Obligations
The County Manager is hereby authorized to execute contractual documents under the
following conditions:
1. The Manager may execute contracts for construction or repair projects that do not
require formal competitive bid procedures, and which are within budgeted departmental
appropriations, for which the amount to be expended does not exceed $250,000.
2. The Manager may execute contracts for general and/or professional services which are
within budgeted departmental appropriations, for purchases of apparatus supplies and
materials or equipment which are within the budgeted departmental appropriations, and
for leases of personal property for a duration of one year or less and within budgeted
departmental appropriations for which the amount to be expended does not exceed
$89,999.
3. Contracts executed by the Manager shall be pre-audited by the Financial Services
Director and reviewed by the County Attorney to ensure compliance in form and
sufficiency with North Carolina law.
County Capital Projects
Capital Investment Plan FY 2011-12
Funding Sources Recommended Funding
FY 2011-12
Transfer from General Fund $256,106
Transfer from County Capital Projects $278,325
Transfer from County Capital Reserve $284,894
County Capital Fund Balance $137,500
Register of Deeds Fees $150,000
Available Project Balances $444,675
Debt Financing County Capital $1,216,000
Contribution from Durham & Chapel Hill $12,500
Total Funding Sources $2,780,000
Projects Recommended Projects
FY 2011-12
Information Technology $500,000
Affordable Housing $170,000
Register of Deeds Automation $150,000
Roofing Projects $ 55,000
HVAC Geothermal -Link Government Services Center $618,000
Southwest Branch Library $650,000
Southern Human Services Center $280,000
129 King Street- Building Improvements $145,000
Lake Orange Capital Maintenance $112,000
New Hope Preserve /Hollow Rock Access Area $ 25,000
Loan Pool Reserve $ 75,000
Total Projects $2,780,000
A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to
approve the FY 2011-12 Budget Ordinance, FY 2011-12 County Capital and Grant Project
funding, the County Fee Schedule, and the Resolution of Intent to Adopt.
VOTE: UNANIMOUS
Commissioner Jacobs said that the staff has kept the County without a tax increase
and for the first time in three years, the employees have been given some type of additional
compensation. He said that the Board of County Commissioners and the staff should be
proud of what Orange County stands for.
C. Approval of Fiscal Year 2011-12 Personnel Ordinance Changes
The Board considered approving amendments to the Orange County Personnel
Ordinance Article V, Section 19.0, Living Wage and Article IV, Section 24.0, Furlough.
Interim Human Resources Director Katherine Cathey said that the recommended action
is to make two amendments to the Personnel Ordinance that corresponds to the actions taken
for the Operating Budget. The first section relates to the living wage. The recommendation is
to remove the rate from the Personnel Ordinance and reword it to read that the rate will be set
by the Board of County Commissioners in the annual budget each year. The following section
is the furlough section, which would allow the Board to declare mandatory furloughs in times of
economic difficulties and allow the County Manager to continue the voluntary furlough program
as a cost-saving measure. These changes require unanimous approval.
A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs
to approve amendments to the Orange County Personnel Ordinance Article V, Section 19.0,
Living Wage and Article IV, Section 24.0, Furlough.
VOTE: UNANIMOUS
d. Resolution Regarding Orange County's FY-2011-12 Funding to Support the
Town of Chapel Hill Library
The Board considered a Resolution Regarding Orange County's FY 2011-12 Funding
to Support the Town of Chapel Hill Library.
Frank Clifton said that at the Board's direction, staff developed this funding scheme
based on increased allocations to the County Library this year. He said that he also has had
discussions with the Chapel Hill Town Manager on this issue and the Town Council will vote
later this month after the Board of County Commissioners recesses. The Town Manager
indicated that he will advise that the Town Council wait until January 1St so that they can get all
of the implementation processes in place. In a general sense, the recommendation is that the
County will provide the equivalent of 21% of the operating expenses budgeted for this year's
library system.
A motion was made by Commissioner Foushee, seconded by Commissioner
Hemminger to make an amendment to the resolution, item 3 under, "Now Therefore, Be it
Resolved." She said that it should read, "Should the Town implement a fee at some later date
for use of the Chapel Hill Library services by Orange County patrons living outside Town limits,
Orange County may consider establishing a fund to assist and/or remove, reimburse, eligible
users required by the Town to pay that fee.
Commissioner Gordon said that she thinks that the County should provide the funding
to Chapel Hill Library this year and work next year to negotiate the agreement.
A motion was made by Commissioner Gordon to change item 1 to say, 1) The County
will provide total funding in the amount of $342,986 during FY 2011-12 to the Town to support
the library services provided to all Chapel Hill Library patrons; and 2) The Town and County will
work during FY 2011-12 to negotiate an interlocal agreement similar to the framework of the
attached draft agreement."
There was no Second to Commissioner Gordon's motion.
Commissioner Jacobs asked to vote on Commissioner Foushee's motion.
VOTE: UNANIMOUS
The approved resolution is given below. After the approved resolution, the proposed draft
agreement is given.
mmS-2mN70
ORANGE COUNTY BOARD OF COMMISSIONERS
Resolution Regarding Ommn8e,Cmmnb'mFY2011'12 Funding tm Support the
Town of Chapel Hill-Library
WHEREAS, the Town nfChapel Hill operates a municipal library system that serves both
residents within the Town limits as well as residents outside the Town corporate limits; and
WHEREAS, for many years, and without the benefit of honno| agreement, Orange County
has contributed funding to the Town to help support the library services provided to all Library
patrons;and
WHEREAS, the Town in recent ynum has voiced an expectation that Orange County
significantly increase its annual funding allocation to the Town to suppo-rt the use of-the Town
Library hy Orange County residents living outside-the Town's limits;and
WHEREAS, the County in recent years has expressed an interest in entering-into aformal,
written interlocal agreement with-the Town that addresses issues such as graduated increases
in County funding contributions and efforts to achieve interoperability between the Town and
County library systems;and
WHEREAS,although extensive discussions-have occurred, the Town-and County have been
unable to mach agreement-on County annual funding oontdbuUons, in1empevuhUity, and other
issues, leading the Chapel Hill Town Council to nonsider implementing a library services user
fee effective August 15,2011 for Orange County patrons living outside Town limits;
NOW THEREFORE BE IT RESOLVED that the Orange County Board of County
Commissioners-establishes the following:
1) The County will provide total funding-in the amount of$3429O6 during FY2O11 12 to
the Town to support the Fibrary services provided to all Chapel Hill Library-patrons upon
the approval and signature byboth the Town and County ufunihhadoum|agreement
(aimi|urto the framework of the attached draft agreement)-
2) The County will provide u pro-rated share of the *342.908huthe Town from July 1'
2011 through the date which coincides with the Town's proposed schedule for
implementation of user fee for library services by Orange County patrons living
outside Town limits;and
3) Should the Town implement ofem at some later date for use ofChapel Hill Library
services by Orange County patrons living outside Town limits, Orange County may
consider establishing m fund to assist and/or reimburse eligible users required by the
Town to pay that fee.
This the 215t day of June,2011
Bernadette Pe|issier. Chair
Orange County Board ofCommissioners
Attest:
Clerk to the Board of Commissioners
WHEREAS, the Parties recognize the mutual benefit and interest of the Parties
hereto,and to the public generally,in the County's continued contribution to the Municipal
Library and in the Town's provision of library services to County residents;and
WHEREAS,the Parties wish to continue their longstanding relationship under which
the County provides annual funding to the Town for library services to ensure such
services are available at no charge to County residents;and
WHEREAS,the Parties wish,by entering into this Agreement,to establish the terms
whereby future County funding of the Municipal Library shall continue and to establish a
mechanism or formula whereby such funding may be appropriately calculated;and
WHEREAS, the Parties wish to explore the opportunities for cooperative inter-
library services and operability,whereby residents of the Town and the County may have
improved access to library resources provided by both Parties:
NOW,THEREFORE,in consideration of the foregoing and on mutual promises and
obligations set forth herein,the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
1. TERM
a. This Agreement shall commence January 1,2011 for the 2010-2011 Fiscal
year and shall continue through-June 30,2015.
b. This Agreement maybe renewed beyond July 1, 2015 upon written
agreement of the,Ferties-
2. COUNTY CONTRIBUTIONS TO LIBRARY OPERATING EXPENSES
a. The County will-contributed to the Town,for general operating expenses of
the Municipal Library, a base sum-4rl4h.e-94-44< nl-of Two Hundred Fifty
Thousand Dollars ($250,000) for FY 2010-201 IaPn4&4Iy-.,The-.25IQ,.000
represents 18% of the $1394.702 operational costs the County budgeted
for its Main Library, Carrboro Cybrary and the Carribaro-NAcDougle Library
for the samiefiscaLygar,
b. The,,County agrees to increase the _base sum &ha4-4RGFsasa
for Fiscal year 2011-2012 (subject to budoet
constraints)with a goal of increasing funding allocated to the Town Library
as a percentage of what the County spends in am
he t e Lis periodcal period d fo fo
operational costs of the County Library LS
System.--The Co_ur)�anngal
base
sum contribution to the Town Library-:um-shall increase
for--each fiscal year through June 30,2015 until the County's contribution to
the Town Library equates to 30 % of what the County -totaispends
annually for operational costs for the County Library System, . e,#4
i
Formatted:Font:Bold,Underline
c, It is the County's intent to increase its contribution to the Town Library by
b.rng
adding 3% of the total annual operational costs of the County Lj�brary
system to the sum contributed to the Town each fiscal year Over the life of
this agreement, doinq so would increase the County's contribution to the
Tavvn!s Library from its current 18% of total County Library System
operational costs to 30%in the fiscal Vear ending June 30 2015 Formatted:Font:bold,Jnde,llne
dl. If in any fiscal year the Countv does not increase its funding the
Library System by an amount equal to the iincrease ing_provided the
Town Library via this agreement the amount contributed to the Town
Library will be less than 3%. If in any fiscal year the County reduces
funding for County Library System operational costs no increase will be
provided the Town Library during that same fiscal year Font:Bold,Underline
G. It would be the intent of the County to increase its funding of Library
operational costs at a minimum by an amount Pnijil — the proposed
increase in fiscal
year., !,`Formatted:Font:Bold,Underline j
f. At no time during the term of this agreement would the 1--d-
contribution to the Town Library fall below the base amount of$250,000, Font sold,Undd-
q. Funding for equipment,facility expansion and—debt service associated with
facility enhancements of County Libraries are not operational costs and
are excluded in calculation of contributions to be provided the Town Library
by the County.
4l;h. The Town will remain responsible for the day to day operations of the- 11.11�.��ndlMmb.ring �
Municipal Library.
3. INTEROPERABILITY OF LIBRARY SYSTEMS
a. The Parties agree to direct County and Town managers and library staff to
examine methods and ,deterh ine the most appropriate methods of
interoperability,between the Orange County Library System and the Town
of Chapel Hill Library..
b. Upon staff mutually determining the most appropriate methods for a
transition to interoperability, County and Town management shall make a
recommendation to the governing boards of the County and Town before
November 2012- This recommendation will include a description of costs
and benefits of options considered,
c. Upon adoption of an agreement implementing interoperability, which may
bi�'bdopli&d by way of Amendment to this Agreement,such interoperability
shall be phased in over an appropriate period of time.
4. LIBRARY BOARD OF TRUSTEESIADVISORY BOARD
The Board of County Commissioners shall appoint a county commissioner to
serve as liaison to the Town's Library Board of Trustees. The liaison may attend
Board of Trustees meetings and may make recommendations to the Board of
Trustees.
5. REVIEW OF AGREEMENT
e. Purchase & Sale Agreement— Southwest Library Site, 210 Hillsborough
Road
The Board considered purchasing the parcel located at 210 Hillsborough Road,
Carrboro, and authorizing the Manager to execute all necessary documents to close the
purchase, contingent upon final review and acceptance of the Title Opinion by the County
Attorney.
Frank Clifton said that staff has been working on title issues but the attorney has some
issues with the title. There are two options: authorize the purchase if all title options are
clarified or bring the whole item back.
A motion was made by Commissioner Yuhasz, seconded by Commissioner McKee to
defer this item until the August 23rd meeting of the Board of County Commissioners.
John Roberts said that he recommended having a closed session to discuss the title
issues. He hopes to have the title issues worked out over the summer. He does not have any
issue with the recommendation contingent upon the County Attorney working out title issues.
Commissioner Yuhasz asked if the closed session could be over the summer and John
Roberts said that it could happen over the summer or 30 minutes before the scheduled
meeting in August.
Commissioner Jacobs asked if it would be appropriate to add the title issues and any
other issues that may arise to the motion. John Roberts said yes. Commissioner Jacobs
added this to the motion.
Chair Pelissier said that the motion is just to defer.
John Roberts said that he can work on this over the break and have more information
for them for the August 23 d meeting. The closed session could be before the meeting on the
23�d.
Public Comment
Nerys Levy spoke on behalf of the Friends of the Carrboro Library. She thanked the
County for all of its work for this branch library. She hopes that the Board will do the right thing
and not delay further. There is a great deal of excitement in Carrboro for this library.
VOTE: UNANIMOUS
f. Resolution to Further Clarify the Intent of the Orange County Board of
Commissioners Regarding the Uses of Funds Generated by the Article 46 One-Quarter
('/4) Cent Optional Sales and Use Tax if Approved by Voters in November 2011
The Board considered a resolution to more clearly and firmly establish a commitment
by the Board of County Commissioners to authorize the use of funding generated by the
Article 46 one-quarter cent optional sales and use tax if approved by voters and authorize the
Chair to sign.
Frank Clifton said that there was a request from the Orange County School Board for
further clarification to the term "equitable" and some assurance that there would be no
supplanting of existing revenue streams. There was also some discussion about parameters
of allocation of funds for economic development. He would recommend that 60% of the funds
be used for payment of debt for infrastructure and the other 40% as the Board sees fit.
Michael Talbert went over the resolution, which is Attachment 4. The changes are in
bold.
ORANGE COUNTY BOARD OF COMMISSIONERS
PROPOSED--A Resolution Regarding Uses of Potential Revenues
from a One-Quarter Cent (1/4¢) County Sales and Use Tax
WHEREAS, there are significant pressing infrastructure, economic development, school, and
other County capital needs that are precipitated by growth pressures and the new economic
reality facing Orange County; and
WHEREAS, it is important to provide Orange County taxpayers with alternatives to the
pressure to raise property taxes to address these and other County needs; and
WHEREAS, the levy of a Article 46 one-quarter cent (1/4¢) County sales and use tax would
provide a new County revenue source and would generate approximately $2,500,000
annually for the County; and
WHEREAS, it is important for Orange County to plan for future economic development that
will enable the County to recruit, retain, grow, and generate businesses and jobs that are
desirable; and
WHEREAS, it is important that Orange County expand collaboration and cooperation of
economic development efforts and decisions between Orange County and the towns of
Chapel Hill, Carrboro and Hillsborough and the cities of Mebane and Durham; and
WHEREAS, it is important for Orange County to meet public school needs; and
WHEREAS, the Board of Commissioners establishes a ten-year commitment to allocate
Article 46 one-quarter cent (1/4¢) County sales and use tax proceeds as follows:
a. 50% of the funding will be allocated in an equitable manner between the County's two
school systems, based on the Average Daily Membership of each school system,
for the dedicated purpose of funding capital projects, including but not limited to
facility improvements at `older' schools and the procurement of technology. The
Board requests that each school system furnish the Board of Commissioners with a
detailed list of prioritized projects that could be completed with anticipated funding
over the next ten years. The Board will evaluate the projects and approve a ten-year
plan which will be incorporated into the County's Capital Investment Plan. As part of
the Capital Investment Plan annual review, progress will be evaluated annually and
adjustments made according to needs agreed upon by the School Boards and Board
of County Commissioners;
b. 50% of the funding will be allocated to Economic Development initiatives as follows:
1. 60% of the funding will be allocated to utility infrastructure
2. 20% of the funding will be allocated to recruit and locate new businesses in
Orange County
3. 10% of the funding will be allocated to small business loans to help existing
businesses expand
4. 10% of the funding will be allocated annually to Economic Development
initiatives as approved by the Board, including but not limited to innovation
centers to provide space for new start-up businesses, funding support for
the County's agricultural businesses, and Business Investment Grants.
The Board of Commissioners will approve a ten-year Economic Development Plan as part of
the County's Capital Investment Plan; and
WHEREAS, if additional funding does not come from the one-quarter cent (1/4¢) County
sales and use tax, the property tax will be the primary funding source available for schools
and economic development initiatives; and
WHEREAS, to distinguish and separate the revenues produced through this '/4 cent sales
tax, if approved by Orange County voters, a Special Revenue Fund will be established to
receive and account for the sales tax revenue. These funds will not supplant funding for the
Board's endorsed funding target of 48.1% for annual spending on both school systems. The
funds will remain separate from the County's general fund to allow for more accurate tracking
of revenues and expenditures in accordance with initial ten-year allocation plan established
as part of this resolution;
NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners
hereby states its intent to use the revenues from the Article 46 one-quarter cent (1/4¢)
County sales and use tax, if approved by the voters of Orange County, for currently
unfunded or underfunded economic development and public school capital needs for a
period of ten years, with a scheduled implementation date of April 1, 2012.
BE IT FURTHER RESOLVED THAT proceeds from the one-quarter cent (1/4¢) County sales
and use tax in later years will be used to address priorities as established by the Board of
Commissioners in the County's Capital Investment Plan.
This the 21St day of June, 2011.
Commissioner Gordon said that for clarification purposes, item `b' should add up to
50% instead of 100%. This would be 30% for utility infrastructure, 10% to recruit and locate,
5% for small business, and 5% annually to economic development. If it is not done this way,
then there should be a clarifying statement.
Commissioner Gordon also suggested sending a copy of the resolution to both school
districts.
Commissioner Jacobs said that he would like to raise his concern about the specificity
of the economic development initiative percentages. He would rather see this say, "'maybe'
allocated to initiatives as follows." He said that they cannot anticipate to this level of specificity
what future Boards of County Commissioners may want to do or have to do.
Commissioner Yuhasz said that if it says, "60% of the Economic Development funding"
and "20% of the Economic Development funding," then this would solve the problem of the
percentages. He understands Commissioner Jacobs' concern, but he has heard in talking with
people is that they need to have specificity in order to support this referendum because people
want to know what will happen to the money.
Commissioner Yuhasz made reference to the colored chart and said that he would
prefer to see the numbers in the color chart.
Commissioner Yuhasz suggested substituting the numbers that are shown on
Attachment 5 with the numbers that are included in paragraph b of the resolution.
Commissioner McKee seconded what Commissioner Yuhasz said and that he has
heard from citizens that they want to know what the money will be used for.
Commissioner Gordon said that she is not sure if substituting the chart would help.
She likes the simplicity of the original resolution.
Chair Pelissier said that she likes the chart that gives some flexibility but still tells the
public a lot about how the County intends to spend money.
A motion was made by Commissioner Yuhasz, seconded by Commissioner McKee to
substitute the numbers shown page 12 of attachment 5 for the numbers in paragraph "b" of the
proposed resolution and use the wording "economic development" before the words "funding"
in the proposed resolution.
VOTE: UNANIMOUS
Commissioner Jacobs asked where a community redevelopment project would fit into
this.
Frank Clifton said that it may be a separate issue altogether.
Commissioner Jacobs said that he was asking about a neighborhood project that had
some existing retail and redeveloping it. It would not be a huge project.
Economic Development Director Gary Shope said that if there was a high-end park and
ride lot, that would be a redevelopment project. He said that he would need to look at this and
get back to the Board.
A motion was made by Commissioner Yuhasz, seconded by Commissioner Foushee to
approve the Resolution to Further Clarify the Intent of the Orange County Board of
Commissioners Regarding the Uses of Funds Generated by the Article 46 One-Quarter(114)
Cent Optional Sales and Use Tax if Approved by Voters in November 2011, with the following
change:
Paragraph `b'would read, "50% of the funding would be allocated to Economic
Development initiatives generally as shown on the attached chart (Attachment 5), and the
Board of County Commissioners will approve a Ten-Year Economic Development Plan as part
of the County's Capital Investment Plan."
This motion also authorizes the Chair to sign the resolution as amended and approved.
The resolution will be forwarded to both school boards.
VOTE: UNANIMOUS
ORANGE COUNTY BOARD OF COMMISSIONERS
APPROVED -A Resolution Regarding Uses of Potential Revenues
from a One-Quarter Cent (1/4¢) County Sales and Use Tax
WHEREAS, there are significant pressing infrastructure, economic development, school, and
other County capital needs that are precipitated by growth pressures and the new economic
reality facing Orange County; and
WHEREAS, it is important to provide Orange County taxpayers with alternatives to the
pressure to raise property taxes to address these and other County needs; and
WHEREAS, the levy of a Article 46 one-quarter cent (1/4¢) County sales and use tax would
provide a new County revenue source and would generate approximately $2,500,000 annually
for the County; and
WHEREAS, it is important for Orange County to plan for future economic development that will
enable the County to recruit, retain, grow, and generate businesses and jobs that are
desirable; and
WHEREAS, it is important that Orange County expand collaboration and cooperation of
economic development efforts and decisions between Orange County and the towns of
Chapel Hill, Carrboro and Hillsborough and the cities of Mebane and Durham; and
WHEREAS, it is important for Orange County to meet public school needs; and
WHEREAS, the Board of Commissioners establishes a ten-year commitment to allocate Article
46 one-quarter cent (1/4¢) County sales and use tax proceeds as follows:
a. 50% of the funding will be allocated in an equitable manner between the County's two
school systems, based on the Average Daily Membership of each school system, for the
dedicated purpose of funding capital projects, including but not limited to facility improvements
at `older' schools and the procurement of technology. The Board requests that each school
system furnish the Board of Commissioners with a detailed list of prioritized projects that could
be completed with anticipated funding over the next ten years. The Board will evaluate the
projects and approve a ten-year plan which will be incorporated into the County's Capital
Investment Plan. As part of the Capital Investment Plan annual review, progress will be
evaluated annually and adjustments made according to needs agreed upon by the School
Boards and Board of County Commissioners;
b. 50% of the funding will be allocated to Economic Development initiatives generally as
shown on the attached chart and the Board of Commissioners will approve a ten-year
Economic Development Plan as part of the County's Capital Investment Plan; and
WHEREAS, if additional funding does not come from the one-quarter cent (1/4¢) County sales
and use tax, the property tax will be the primary funding source available for schools and
economic development initiatives; and
WHEREAS, to distinguish and separate the revenues produced through this '/4 cent sales tax,
if approved by Orange County voters, a Special Revenue Fund will be established to receive
and account for the sales tax revenue. These funds will not supplant funding for the Board's
endorsed funding target of 48.1% for annual spending on both school systems. The funds will
remain separate from the County's general fund to allow for more accurate tracking of
revenues and expenditures in accordance with initial ten-year allocation plan established as
part of this resolution;
NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners
hereby states its intent to use the revenues from the Article 46 one-quarter cent (1/4¢) County
sales and use tax, if approved by the voters of Orange County, for currently unfunded or
underfunded economic development and public school capital needs for a period of ten years,
with a scheduled implementation date of April 1, 2012.
BE IT FURTHER RESOLVED THAT proceeds from the one-quarter cent (1/4¢) County sales
and use tax in later years will be used to address priorities as established by the Board of
Commissioners in the County's Capital Investment Plan.
This the 21st day of June, 2011.
g_ Information Regarding One-Half('/2)Cent Sales Tax for Orange County
Transit
The Board received information and gathered comment regarding the Orange County
Bus and Rail Investment Plan draft associated with the Triangle Regional Transit Plan (1/2
cent sales tax).
Craig Benedict went through this item. He said that on June 7th the Board of County
Commissioners made a motion regarding the 1/2—cent Sales Tax for Orange County Transit.
This motion is in Attachment 1 and is as follows:
"A motion was made by Commissioner Jacobs based on Option B in the abstract
packet which states;
- That the BOCC vote not to proceed to a November 2011 referendum on the half cent
sales tax;
- That we set a date later this year for discussion of a new timetable and to receive
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 in an enhanced regional public transportation system."
Craig Benedict went through the Orange County Transit Plan Table of Contents,
Attachment 2.
Chair Pelissier recognized that there were two staff people from Triangle Transit in
attendance. She said that at the last meeting, the Board discussed that while it can provide
comments, tomorrow Commissioner Gordon will be voting on the Durham County financial plan
at the Metropolitan Planning Organization meeting. This plan has an assumption about cost-
sharing for light rail. The Board needs to give Commissioner Gordon some direction.
Commissioner Gordon said that the Transportation Advisory Committee for the MPO
only has a vote scheduled for the Durham plan, and the one they have for the MPO and that
they will be voting on is different from the one that is in the Board of County Commissioners'
notebook. She noted the following differences: the sales tax revenue annual proceeds have
increased, weekend service has been added for commuter rail, northern Durham park and ride
lot has been added, borrowing has been deleted, and passenger revenue has been added.
The task tonight is for the Board to give her direction on the vote. It would also be
important to get questions from the Board reduced to writing.
Commissioner Gordon made reference to the documents that she provided, which are
shown below. She indicated that the blank areas are places where she would like to get the
indicated information.
FINANCIAL RESOURCES AVAILABLE FOR TRANSIT IN ORANGE COUNTY AND DURHAM
COUNTY 6/10/2011
The information given on these pages is derived from information provided by Triangle Transit.
Orange County
This chart summarizes the revenues available for transit in Orange County.
A. Local Revenue in the Bus and Rail Investment Plan
Revenue Source Amount Available Total Amount Available
in 2012 Over the Life of the Plan
to 2035 in YOE Dollars
1/2 cent sales tax $5.1 M $180 M
$7 vehicle registration fee $770,000 $23.8 M
$3 increase in Triangle Transit
vehicle registration fee $330,000 $10.2 M
Triangle Transit rental car tax $560,000 $24.0 M
TOTAL $6.76 M $238.0 M
* Note: YOE means Year of Expenditure
B. State Participation - 25% assumed $132 M
Total Amount Available Over the Life of the Plan to 2035 in YOE Dollars
C. Federal Participation - 50% assumed $239 M
Total Amount Available Over the Life of the Plan to 2035 in YOE Dollars
D. Other Revenues
Following is a list of revenues included in the model, but not listed above:
Fares
Following is a list of potential future revenue sources not included in the model at this time:
Value capture
Institutional contributions (e.g UNC, Duke)
Increased property tax revenue in transit investment areas
Parking deck or lot charges
FINANCIAL RESOURCES AVAILABLE FOR TRANSIT IN ORANGE COUNTY AND DURHAM
COUNTY (continued)
Durham County
This chart summarizes the revenues available for transit in Durham County.
A. Local Revenue in the Bus and Rail Investment Plan
Revenue Source Amount Available Total Amount Available
in 2012 Over the Life of the Plan
to 2035 in YOE Dollars
1/2 cent sales tax $17.3 M $ M
$7 vehicle registration fee $1.47 M $ M
$3 increase in Triangle Transit $630,000 $ M
vehicle registration fee
Triangle Transit rental car tax $1.15 M $ M
TOTAL $20.55 M
* Note: YOE means Year of Expenditure
B. State Participation - 25% assumed $ M
Total Amount Available Over the Life of the Plan to 2035 in YOE Dollars
C. Federal Participation - 50% assumed $ M
Total Amount Available Over the Life of the Plan to 2035 in YOE Dollars
D. Other Revenues
Following is a list of revenues included in the model, but not listed above:
Fares
Following is a list of potential future revenue sources not included in the model at this time:
Value capture
Institutional contributions (e.g. UNC, Duke)
Increased property tax revenue in transit investment areas
Parking deck or lot charges
DRAFT ORANGE COUNTY BUS AND RAIL INVESTMENT PLANS
6/10/2011
The information for these plans is derived from information provided by Triangle Transit.
Orange County Bus Investment Plan
Each bus hour costs approximately $86/hour in 2012.
The Orange County plan purchases 7 buses in 2012, another 7 buses in
2014, and then 1 bus in 2031, and 1 bus in 2032, for a total of 16
buses. Every 12 years, the plan buys a replacement bus for each
previously purchased bus as the vehicle reaches the end of its useful
life (12 years for a heavy-duty bus). The cost of a full-size bus in
2012 is projected to be $396,000.
Bus Capital Costs
Time Period Cost of Cost for MLK Cumulative
New Buses Bus Lanes Costs
First Year
(7 buses
Third Year
(7 buses)
2017 $22 M
Fourth Year
Until ($41 M?)
-----------------------------------------------------------------------------------------------------------
*Note: These costs include the expenditures for bus purchases and the MLK bus lanes, but
not other costs such as those for park and ride lots.
Bus Operating Costs
Time Period New Bus Operating Cumulative Cumulative
Hours Cost Operating Cost New Bus
Hours
First Year 22,050 22,050
Third Year 44,100 44,100
Fourth Year
until 6,000 ($127M?) 50,000
The potential rail dividend bus hours equal 30,000 to 45,000. Those are hours that can be
gained when the rail line is completed.
Orange County Rail Investment Plan
The various components for the entire UNC Hospital to Alston Line include:
Guideway and Track Elements: $423 million
Stations, Stops and Terminals: $118 million (includes $15 million
add'I for Leigh Village parking deck above A3/B2/C1 cost estimate)
Support Facilities: Yard, Shops, Admin Bldgs: $36 million
Sitework and Special Conditions: $161 million
Systems: $121 million
Right-Of-Way, Land, Relocation Costs: $108 million
Vehicles: $66 million
Professional Services: $240 million
Unallocated Contingency: $63 million
Project Reserve: $42 million
TOTAL: $1378 million
Light Rail Transit Capital Costs
Time Period Cost to County Cost in 2025 Total Cost Over
(opening year in 2012 Dollars Dollars Life of Plan to 2035
of light rail)
2025 $330 M $ M $ ($423M?)
Light Rail Transit Operating Costs
Time Period Annual Cost Annual Cost in Total Cost Over
in 2012 Dollars 2025 Dollars Life of Plan to 2035
2025 $3.2 M $ $ ($58M?)
Debt to Finance (Rail Plan?)
The debt to finance the (_rail investment?) will be issued in ( give the year(s))
by ( give the entity). The total needed to finance the system in Orange County
will be ($23 M or$28 M ?; different dollar amounts are given on pp. 11 and 13 of
the 16 page draft plan).
RAIL INVESTMENT COST SHARING 6/10/2011
The information in these charts is derived from information provided by Triangle Transit. The
charts show the proposed sharing of costs for light rail transit (LRT) from UNC Hospitals in
Chapel Hill to Alston Avenue in Durham (17.24 miles), assuming the Hillmont alignment.
LRT Segment Capital Costs
Costs include stations, track and systems, but not maintenance facility cost.
Area Within Within Chapel Hill and Within Durham County
Orange County Within Durham County But Not In Chapel Hill
(Area A) (Area B) (Area C)
Miles Cost Miles Cost Miles Cost
2.89 $223 M 0.88 M $73 M * 13.47 $911 M
*Note: These figures combine the mileages and costs for two segments:
(1) a segment including Hillmont that is .52 miles long and costs $28 M
(2) a segment including Gateway that is .36 miles long and costs $45 M
County Share
Orange County Durham County
Miles Cost Miles Cost
Segment Mileage
and Costs 3.77 $296 M ** 13.47 $911 M
Maintenance Facility 34 M 137 M
(Based on track
mileage)
TOTAL COST (by county) $330 M $1048 M
TOTAL COST (entire LRT line) $1378 M
COST PER MILE (by county) $87.5 M $77.8 M
COST PER MILE (entire LRT line) $79.9 M
**Note these figures combine the mileages (2.89 plus 0.88) and costs
($223 M plus $73 M) for Orange County (Area A above) and for Chapel Hill Within Durham
County (Area B above).
Commissioner Gordon said that she would ask that all of these charts be completed
and that all of the elements of the plan be included regarding the expenditures. The critical
question is cost-sharing by Orange County in the Durham County plan.
Chair Pelissier said that her understanding of the cost-sharing assumption is that it
assumes now that Orange County would pay for the rail line within Durham County that is
within the city limits of Chapel Hill and for the stations.
Craig Benedict said that there are two stations — Gateway and Hillmont. The share
represents about 23% from Orange County and 77% from Durham County.
Patrick McDonough from Triangle Transit said that within the Durham plan now, they
have used the financial assumptions that have been used for the past year. The sales tax
receipts have been better than anticipated.
Commissioner McKee said that, considering the fact that the figures keep changing and
the implications of the Durham County financial plan and the Orange County financial plan
when Orange County has not considered its own financial plan, he would be reluctant to vote
for the Durham County financial plan at this time.
Commissioner Yuhasz said that he would be ok with voting in the affirmative as long as
it is clear that whatever Orange County may do is an assumption and that the assumption may
not hold.
Commissioner Foushee agreed with Commissioner Yuhasz.
Chair Pelissier asked if this would have any legal implications if Commissioner Gordon
votes in this manner.
John Roberts said that it would not be binding legally, but it may be binding politically.
Commissioner Gordon asked for guidance about how she should vote for the plan but
not include the specifics about Orange County's cost-sharing.
Commissioner McKee said that Commissioner Gordon's comments brought him back to
his same concerns. He said that he realizes that the Durham County plan has been devised
by Durham County. The linkage to Orange County does signal to him intent that Orange
County approve Durham County's plan and Orange County's plan before it is even reviewed
closely.
Commissioner Yuhasz said that he would be concerned that not voting for the plan
would signal that Orange County was uncooperative.
Commissioner Jacobs agreed with Commissioner Yuhasz and he said that the Board
has said all along that it wants to facilitate Durham County putting this on the ballot. He thinks
that an affirmative statement should be made that this should not be construed as
endorsement by Orange County for the plan as it affects Orange County.
Commissioner McKee said that he would like it clearly stated that Durham County's
plan does not affect in any way Orange County's plan.
Chair Pelissier agreed with Commissioner Yuhasz and Commissioner Jacobs and she
does want to look at cost-sharing and come up with a plan. She said that she is hearing the
following direction from the Board:
To vote in the affirmative for the plan, not assuming that the cost-sharing embedded in the
Durham County plan is what Orange County has agreed to, and this will be discussed in
the fall. The Board wants the Y2-cent sales tax on the ballot in Durham County.
Commissioner McKee said that he would agree with the vote as long as it is stated
clearly that it does not have implications as to the possible direction of Orange County.
Commissioner Gordon said that if the Board has additional questions that they should
be forwarded to staff to be forwarded to Triangle Transit staff. She asked the staff to fill in the
charts that she submitted with the financial information she requested.
Frank Clifton suggested working with Triangle Transit staff to set something up in the
fall to develop a plan.
Commissioner McKee said that it would be respectful to have a public hearing before
approving the financial plan. He thinks that there is a lack of information in the general public.
Chair Pelissier said that in a previous meeting, the Board expressed intent to have
public hearings on this topic.
Commissioner Jacobs said that it would be useful, if Durham County puts this on the
ballot, that the County Commissioners get copies of Durham's educational materials so as not
to reinvent the wheel.
9. Reports -NONE
10. County Manager's Report
Frank Clifton said that in the County Commissioners' packet staff has given them a
schedule adjustment to the Solid Waste Convenience Centers. The centers will be closed
Wednesdays and Thursdays and Bradshaw Quarry will be closed on Mondays also.
11. County Attorney's Report
John Roberts said that the General Assembly is officially adjourned this past week and
he will give a written report of what was done with regard to local governments.
12. Appointments
a. Durham Technical Community College (DTCC) — Trustee Appointments
The Board considered a second term appointment to the Durham Technical Community
College Board of Trustees.
Commissioner Jacobs said that not a single person has applied outside of Chapel Hill.
He would like to see some representation from outside of Chapel Hill. He asked to re-
advertise this.
Commissioner Gordon said that there are people on this board from Hillsborough.
A motion was made by Commissioner Gordon, seconded by Commissioner McKee to
appoint Aaron Nelson to a second term.
VOTE: Ayes, 6; No, 1 (Commissioner Jacobs)
b. Orange Unified Transportation Board —Appointment
The Board considered making an appointment to the Orange Unified Transportation
Board.
A motion was made by Commissioner Gordon, seconded by Commissioner Yuhasz to
appoint Alan Campbell as the Planning Board representative on the OUTBoard, in position #9
with a term expiring on 9/30/2014.
VOTE: UNANIMOUS
C. Orange-Person-Chatham Area Programs Board —Appointment
The Board considered making an appointment to Orange-Person-Chatham Area
Programs Board.
A motion was made by Commissioner Yuhasz, seconded by Commissioner Gordon to
appoint John Stewart for an extension of a second term in the special representation position
as an Attorney, position #2, with a term expiring 12/31/2013.
VOTE: UNANIMOUS
13. Board Comments
Commissioner McKee said that he wanted to thank everyone for the Sunday hours at
the SWCCs.
Commissioner Gordon congratulated staff on a job well done on the budget and she
too appreciated the addition of Sunday hours at the SWCCs.
Commissioner Hemminger thanked staff for a smooth budget season.
Commissioner Foushee said that she too wanted to add her commendations to the
staff for the budget. She said that Durham Tech Community College is celebrating its 50th
anniversary this year. She does believe that they are serving Orange and Durham Counties in
the best way possible. The Board of Trustees asked her to express their gratitude for keeping
the funding level the same as last year.
Chair Pelissier echoed commendation to staff for a good budget process.
14. Information Items
• 2011 Annual Observation Well Network Report
• June 7, 2011 BOCC Meeting Follow-up Actions List
• Chair/Vice Chair/Manager BOCC Meeting Follow-up Action Items Update
15. Closed Session
A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger
to go into closed session at 9:05 p.m. for the purpose of:
"To consider the qualifications, competence, performance, character, fitness, conditions
of appointment, or conditions of initial employment of an individual public officer or
employee or prospective public officer or employee," N.C.G.S. §143-318.11(a)(6).
VOTE: UNANIMOUS
RECONVENE INTO REGULAR SESSION
A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger
to reconvene into regular session at 9:20 p.m.
VOTE: UNANIMOUS
16. Adjournment
A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to
adjourn the meeting at 9:20 p.m.
VOTE: UNANIMOUS
Bernadette Pelissier, Chair
Donna S. Baker, CIVIC
Clerk to the Board