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HomeMy WebLinkAboutMinutes 03-22-2012 APPROVED 6/19/2012 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING MARCH 22, 2012 7:00 p.m. The Orange County Board of Commissioners met in regular session on Thursday, March 22, 2012 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill. N.C. 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 Managers Gwen Harvey, and Michael Talbert and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) 1. Additions or Chanqes to the Aqenda Chair Pelissier said that item 4-a, Special Recognition for the Carol Woods Retirement Community, needs to be deferred because of a death in the family. Chair Pelissier went through the additional items at the County Commissioners' places. - Light green — item 5-a, Minutes, and suggestions for edits from Commissioner �I Jacobs. - Light blue— additional information for item 7-a, OPC Mental Health, Developmental Disabilities & Substance Abuse authority—Transition Management and Retiree Health Insurance Continuation - Yellow— revised information for item 11-g, Orange County Planning Board Appointments A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to move the discussions of the transit plan to the first item on the regular agenda. VOTE: UNANIMOUS PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments (Limited to One Hour) a. Matters not on the Printed Aqenda Sarah Glass distributed a petition regarding proposed zoning changes on NC 10. This has been signed by over 40 families that will be affected by this proposal. She read the letter. "Dear Public Official, On Monday, February 27, 2012, many of us attended the Joint Public Hearing of the Orange County Board of Commissioners and Orange County Planning Board in regards to proposed planning and zoning changes that will affect our immediate neighborhood. Several of us stood and voiced our concerns regarding these proposals. This letter serves to further express our anxiety and trepidation regarding the planning/zoning along Old NC-10. Old NC-10 is a rural residential thoroughfare, from its origination at Old Hillsborough Road all the way to NC 86. It is a favored route of bicyclists in Orange County due to its relatively quiet, wooded character. The land immediately north of Old NC-10 and south of the railroad tracks is currently zoned as "Rural Residential," which is in keeping with the current surroundings. Most of the houses along Old NC-10 are on heavily wooded, acre-size lots. It has been proposed that this area to rezoned "EDE-1", which would allow for a number of different land uses including governmental, banking, real estate, and some commercial. In our opinion, this would negatively affect the character of our neighborhood and will detract from the charm and appeal of rural Orange County. Scattered along Old NC-10 are houses on relatively large lots. The change in zoning may create a patchwork of business along this rural ' country road which will increase traffic and tarnish its appeal. The proposed changes are simply not consistent with the present surroundings. While we remain apprehensive about many of the proposed Durham Plan Amendments, it seems they recognize the wisdom of keeping Old NC-10 residential as their proposed plan would zone this same area as "Very Low Density Residential to Low Density Residential." b. Matters on the Printed Aqenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Petitions bv Board Members (Three Minute Limit Per Commissioner) Commissioner Yuhasz petitioned the Board to make a change in one of its processes whereby it receives prospective appointments to advisory boards that it will be considering prior to the Board meeting —at least about a week before the meeting. This petition was referred to the agenda review process. Commissioner McKee asked the Board that during subsequent discussions on transit that they be the first regular item on agendas. Chair Pelissier said that she attended many sessions on fracking at NCACC and NACo, and she would like to petition the Board to consider a resolution to oppose fracking until the environmental impact statements come back. Chair Pelissier said that each of these items will be referred to the agenda review team. 4. Proclamations/ Resolutions/ Special Presentations a. Special Recoqnition for the Carol Woods Retirement Communitv The Board was to consider recognizing the Carol Woods Retirement community for its continuing financial contribution to Orange County. DEFERRED b. Sexual Assault Awareness Month Proclamation The Board considered a proclamation recognizing April as Sexual Assault Awareness month in Orange County and authorizing the Chair to sign. Commissioner Hemminger read the proclamation: Proclamation "Sexual Assault Awareness Month" April 2012 WHEREAS, the Orange County Rape Crisis Center assisted 458 survivors of sexual violence and their loved ones during 2011; and WHEREAS, the Orange County Rape Crisis Center works with the county's two school systems and other groups to provide students with age-appropriate information about violence prevention, reaching 10,607 youth and adults during the 2010—2011 school year; and WHEREAS, the coordination of the Orange County Sexual Assault Response Team (SART) is i bringing together members of law enforcement, the medical community, the legal system, and other community advocates to improve services for survivors of sexual assault who come forward; and WHEREAS, 1 in 5 American women have been raped at some point in their lives (Centers for Disease Control and Prevention, 2010); and WHEREAS, in the United States rape is the most costly crime to its survivors, totaling $127 billion a year considering factors such as medical cost, lost earnings, pain, suffering, and lost quality of life (U.S. Department of Justice, 1996); and WHEREAS, in the United States 1 in 2 women and 1 in 5 men have experienced some form of sexual violence in their lives (Centers for Disease Control and Prevention, 2010); and WHEREAS, there are 17,315 sex offenders registered as living in North Carolina (Department of Justice, 2012); and WHEREAS, victim-blaming continues to be an enormous problem in instances of rape and sexual assault; and WHEREAS, the Orange County Rape Crisis Center, a non-profit agency that has served this community since 1974, is working to stop sexual violence and its impact through support, education, and advocacy; NOW, THEREFORE BE IT RESOLVED that we, the Orange County Board of Commissioners, do hereby proclaim the month of April 2012 as "SEXUAL ASSAULT AWARENESS MONTH" and encourage all residents to speak out against sexual violence and to support their local communities' efforts to prevent and respond to these appalling crimes. This the 22"d day of March 2012. A motion was made by Commissioner Yuhasz, seconded by Commissioner Foushee to approve the proclamation recognizing April as Sexual Assault Awareness month in Orange County and authorize the Chair to sign. VOTE: UNANIMOUS c. Oranqe Countv Chief s Association — "Strateqic Plan for the Provision of Emerqencv Services" Presentation The Board received a presentation on the Orange Qounty Chief's Association's "Strategic Plan for the Provision of Emergency Services", and provided comments as necessary. Mike Tapp, President of the Fire Chief's Association, presented the strategic plan to the Board of Commissioners. He said that the association contracted with the School of Government for a consultant for this process and Lydian Altman was the person that coordinated the process. Strategic Plan for the Provision of Emergency Services March 2012 � The Orange County Chief s Association (OCCA) • Represents the united voice of the volunteer and professional fire and rescue chiefs serving Orange County. • Dedicated to providing the most effective, efficient, and compassionate emergency response services for the residents of and visitors to Orange County. • This strategic plan, the first one ever produced for emergency services in the county, introduces OCCA's vision for opportunities for the future of the emergency services delivery system. OCCA BACKGROUND • Since its formation in the late 1970s ... • fostering better relationships among the fire and rescue services, • establishing a forum that promotes a venue for airing shared concerns, • developing mutual respect and familiarity, • and fostering cooperative relationships. The OCCA strives to provide for policy and resource planning and sharing of best practices for safe, effective, and efficient response and mitigation of emergencies. MEMBER AGENCIES • Caldwell Fire Department • Carrboro Fire-Rescue Department • Cedar Grove Fire Department • Chapel Hill Fire Department • Efland Fire Department • Eno Fire Department • New Hope Fire Department • Orange Grove Fire Department • Orange Rural Fire Department • White Cross Fire Department • South Orange Rescue Squad • Mebane Fire Department * • North Chatham Fire Dept. * '`Adjunct Members Volunteer/Career • Aside from Chapel Hill and Carrboro, every other department serving Orange County is either fully volunteer or a mix of volunteer and paid staff. • Volunteer fire and rescue departments have historically been the norm in places like North Carolina, which only recently has begun to experience significant urbanization • Volunteer emergency service personnel represent the best of our citizens, those friends and neighbors who not only willingly answer calls during the middle of the night, but also � risk their lives to save life and limb. � Volunteer Cost Savings • To replace volunteer services in Orange County with paid staff at current staffing levels would cost taxpayers at least$17 million per year. • This figure jumps to at least $27 million within the next few years once seven anticipated stations are completed. A HISTORY OF PROGRESS • Group Gear Purchases & Equipment Standardization • Local Spending Initiative ("Buying Locar') • Establishment & Enhancement of County-Wide Mutual Aid System • Major Resource Sharing • Active Pursuit of Grants • Children's Fire Safety House • Policy Development • Hardship Fund • Outside Speakers Forum Thirteen independent departments work together to form the core of fire and rescue services for Orange County Countywide Mutual Aid System • OCCA spearheaded the original countywide mutual aid system in 1994. • Ensured a standardized, multi-departmental response to fires outside of municipal boundaries. • In 2005, the OCCA revised the mutual aid compact to include a three-department response to areas outside of municipal areas to satisfy ISO requirements. Active Pursuit of Grants In the past 10 years alone, OCCA members have collaboratively obtained grants in excess of$5,000,646 Policy Development • Station Numbering and Resource Typing (mid 1990s) • Plain Language Radio Communication Procedures (1992) • "2 in, 2 out" SOP (1998) • Incident Command System (ICS) SOP (2011) • Accountability SOP (2011) • Mayday SOP (in progress) Hardship Fund • Established in 2009 to assist firefighters in distress • Small grants of emergency financial assistance • The OCCA believes in taking care of our personnel • The OCCA is mindful of the sacrifices that many personnel, especially volunteers, make in order to contribute to the greater good. Such assistance helps retain valuable trained firefighters. STRATEGIC PLANNING PROCESS • Timeline: • Individual Interviews: October-November 2011 • First Retreat: Saturday, November 19th, 2011 • Evening Planning Session: Tuesday, January 17th, 2012 • February Retreat: Saturday, February 11, 2012 • Final plan review: Tuesday, February 28, 2012 • • Presentation to the Board of Commissioners: Tonight GOAL I: ENSURING VIABLE AND RELIABLE VOICE AND DATA COMMUNICATION • Objective A: • 99% radio coverage throughout Orange County with building penetration by July 2013. GOAL I: ENSURING VIABLE AND RELIABLE VOICE AND DATA COMMUNICATION • Objective 8: • To advocate for the continued and ongoing support of the radio paging system with consistent use of audible call information beginning in 2012. GOAL I: ENSURING VIABLE AND RELIABLE VOICE AND DATA COMMUNICATION • Objective C: • To encourage the continued development of a robust mobile data network throughout Orange County by January 2014. GOAL II: IMPROVING THE 9-1-1 TELECOMMUNICATIONS SYSTEM AND CENTER • Objective A: • To work with Orange County to ensure the deployment of a state-of-the-art 9-1-1 Telecommunications Center that is able to dispatch emergency calls within 90 seconds or less 90% of the time by January 2014 (NFPA 9221). GOAL II: IMPROVING THE 9-1-1 TELECOMMUNICATIONS SYSTEM AND CENTER • Objective B: • To support the acquisition by January 2014 of a Computer Aided Dispatch (CAD) network with live links to Mobile Data Terminals (MDTs) in the field. GOAL III: ENCOURAGING THE ADOPTION OF MEASURABLE EMERGENCY RESPONSE ' SYSTEM BENCHMARKS AND REPORTING NORMS � • Objective A: • To establish transparent and measurable benchmarks for EMS service delivery to ensure continuous quality management by January 201'3. GOAL IV: SETTING SERVICE STANDARD GOALS FOR VOLUNTEER FIRE DEPARTMENTS • Objective A: • To ensure all Orange County residents can receive the maximum fire protection and homeowners' insurance savings available by improving individual departments' ISO ratings to 8 by 2013 and 6 by 2016. GOAL IV: SETTING SERVICE STANDARD GOALS FOR VOLUNTEER FIRE DEPARTMENTS • Objective 8: • To ensure that all fire and rescue departments in Orange County have sought to adequately implement nationally recognized consensus standards such as NFPA 1710 / 1720 and 1670. GOAL V: PLANNING FOR A COUNTYWIDE TRAINING FACILITY • Objective A: • To work with Orange County to provide a modern, centrally located training facility for firefighters and emergency personnel. GOAL VI: PREPARING A MULTI-HAZARD RISK ASSESSMENT PLAN • Objective A: • To work with Orange County to prepare a Multi-Hazard Risk Assessment Plan by January 2013. GOAL VII: BUILDING BETTER RELATIONSHIPS WITH KEY STAKEHOLDERS • Objective A: • To ensure sustainable services and recognize the nature of long-term partnership between the Orange County Board of Commissioners and volunteer fire and rescue services by instituting five-year coverage contracts with annual review and extension by January 2013. GOAL VII: BUILDING BETTER RELATIONSHIPS WITH KEY STAKEHOLDERS • Objective 8: • To engage in a conversation with the Orange County Board of Commissioners for reimbursement for the provision of first responder EMS services. GOAL VII: BUILDING BETTER RELATIONSHIPS WITH KEY STAKEHOLDERS • Objective C: '� • To have a joint discussion with Orange County Emergency Services and the Medical Director to develop strategies to adequately use EMT Basic Life Support (BLS) capabilities within the county. GOAL VIII: FOSTERING INCREASED PUBLIC AWARENESS • Objective A: • To develop ongoing strategies to foster greater public awareness of how emergency services are delivered and to highlight the role volunteers play in providing services. CONCLUSION • Orange County's "changing demographics and increased urbanization" bring an increase in responsibility for quality fire protection and life safety services • OCCA urges thoughtful public consideration and discussion of the goals contained in this report, and looks forward to a future of collaborative progress built on our tradition of pastsuccesses • OCCA is committed to working with all stakeholders to ensure this vision of emergency services delivery becomes a reality The Orange County Chief's Association requests that this Strategic Plan be included in the County's own future planning efforts. A motion was made by Commissioner McKee, seconded by Commissioner Hemminger to forward this to Emergency Services Work Group for a presentation. VOTE: UNAMIMOUS 5. Consent Aqenda • Removal of Any Items from Consent Agenda a. Minutes The Board considered approving minutes from the February 27, 2012 Quarterly Public Hearing. Commissioner Jacobs made reference to his edits. A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to approve the minutes for the February 27, 2012 Quarterly Public Hearing with the changes as suggested by Commissioner Jacobs. VOTE: UNANIMOUS • Approval of Remaining Consent Agenda A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to approve those items on the consent agenda as stated below: VOTE ON CONSENT AGENDA: UNANIMOUS • Discussion and Approval of the Items Removed from the Consent Agenda ', a. Minutes This item was removed and placed at the end of the consent agenda for separate consideration. b. Motor Vehicle Propertv Tax Release/Refunds The Board adopted a release/refund resolution, which is incorporated by reference, related to 4 requests for motor vehicle property tax releases or refunds in accordance with NCGS. c. Propertv Tax Releases and/or Refunds The Board adopted a resolution, which is incorporated by reference, to release property values related to seventeen (17) requests for property tax release and/or refund in accordance with North Carolina General Statute 105-381. d. Impact Fee Reimbursement Reauest The Board approved an impact fee reimbursement request from Habitat for Humanity of Orange County, NC, Inc. for$53,312 for seven (7) homes recently constructed in the County. e. Fiscal Year 2011-12 Budqet Amendment#7 The Board approved budget and grant project ordinance amendments for fiscal year 2011- 12 for Department on Aging, Social Services, Library, Orange Grove Fire District, and Cooperative Extension. f. Update the Resolution Adoatinq a Policv for Mutual Assistance with Other Law Enforcement Apencies The Board approved a resolution, which is incorporated by reference, updating the 1985 Resolution Adopting a Policy for Mutual Assistance with Other Law Enforcement Agencies, which allows the Sheriff's Department to enter into mutual assistance agreements with other law enforcement agencies to provide temporary assistance as needed and authorized the Chair to sign. 6. Public Hearinqs a. Review and Adoption of the Master Telecommunication Plan (MTP) Map Modification The Board reconvened the February 27, 2012 Quarterly Public Hearing and considered adopting the proposed Master Telecommunication Plan Map modifications. Planner II Glenn Bowles introduced this item. He said that this map was adopted in May 2011 and the staff is asking the Board to adopt this. There is also a map of existing cell towers. Commissioner Jacobs said that there is an existing tower on the Blackwood site. He asked if the proposal was to put another tower on this site and Glenn Bowles said yes. The existing tower has two co-locations on it and he does not think that there is room for any more co-locations. There is a need for a tower site in that area. Commissioner Jacobs expressed concern about two towers so close together and asked that this site be held in reserve until there is more information about what is on the site now. Commissioner Gordon said that when the County Commissioners approved the former telecommunications plan, there was an idea that they were going to fill in gaps. She made reference to Attachment 3 and said that the overlap that Commissioner Jacobs mentioned is not the only one. She said that there are a lot of overlap of towers and she does not understand why they need more towers in those areas. Glen Bowles said that there is overlap but the corridor on the interstate is a very popular corridor according to carriers. He said that staff can tell the Board where there is co-location but they do not have the expertise or resources to determine whether towers are needed. Commissioner Gordon said that she thought the reason for more towers was that there were gaps. She does not see the hard data for placing towers where there are overlaps in i coverage. Frank Clifton said that they can pull the Blackwood site and put it in reserve. He said that more towers exist because there is a height limit, which limits the number of antennas. Commissioner Yuhasz said that the County Commissioners could approve sites but express a strong preference for investigating the opportunities for co-location on existing towers that closely approximate the approved sites. Commissioner Gordon said that she would like to hold in reserve both County sites— P- 9 and P-10. Frank Clifton said that if people wanted to get on these sites, the Board of County Commissioners would have to apprave. NO PUBLIC COMMENT. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to close the close public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve the Plan modification as detailed within Attachment 2, except to hold sites P-9 and P- 10 in reserve. Commissioner Yuhasz said that he does not know what holding in reserve means. Frank Clifton said that these two sites would not move forward without Board approval. Commissioner Gordon restated the motion: To approve fhe P/an modification as detailed within Aftachment 2, with the stipulation that two sites that are County property—P-9 and P-10—be held in reserve, which means that they have to come to the Board of County Commissioners for approval before they can be offered for a construction of a tower. Commissioner Jacobs seconded this restatement. VOTE: UNANIMOUS 7. Reqular Aqenda a. OPC Local Manaqement Entitv (LME)—Transition Manaaement and Retiree Health Insurance Continuation The Board considered approving two elements of an agreed upon Orange, Person and Chatham Mental Health LME (OPC) merger with Piedmont Behavioral Health (PBH) effective April 1, 2012. Assistant County Manager Gwen Harvey provided a prologue and introduced Judy Truitt, Director of OPC Local Management Entity. There are two elements —the joint resolution pertaining to the governance structure and the memorandum of agreement that addresses the mechanism by which the retirees would be covered under the County's health plan. Judy Truitt gave two updates. She said that she presented this resolution to the Chatham Board of County Commissioners and they voted unanimously to approve it. She is also aware that the County Commissioners' Association sent out information today asking for review and input. This is related to the issue of governance for the public mental health system. She said that the information in the proposal is very consistent with what OPC LME has presented in the resolution. A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to approve the joint resolution and Memorandum of Agreement, which are incorporated by reference, and authorize the Chair to sign both documents. VOTE: UNANIMOUS b. Studv/Assessment for Emerqencv Medical Services and E911 Communications Center The Board considered authorizing staff to enter into a contract with Solutions for Local Government, Inc. to develop a multiyear strategic plan for the Emergency Medical Services System and E911 Communications Center, based on a recommendation from the Emergency Services Workgroup and authorizing the Manager to execute the contract. Assistant County Manager Michael Talbert introduced this item. He said that the Emergency Services Work Group has been formed and is meeting. The Charge for the ESW includes reviewing alternatives and making recommendations for the following: - System improvement for EMS Ambulance response times including but not limited to equipment, staffing, facilities and/or a strategic plan, to define data elements for meaningful analytical data as related to ambulance response time and to discuss and review that data. - Improvements for the E911 Communications Center including but not limited to technology, equipment, staffing, training, and/or a strategic plan. On March 13, 2012 the ESW reviewed the scope of services for each area provided by Steve Allan, President of Solutions for Local Government, Inc. The ESW added to the scope of services a plan for meetings with the stakeholders including: municipal fire departments, rural fire departments, municipal law enforcement, the Sheriff and the County Medical Director. The ESW recommends the original scope of services outlined by Solutions for Local Government plus the additional meetings to the Orange County Board of Commissioners. The recommendation is for the Board to authorize staff to enter into a contract with solutions for Local Government, Inc. to develop a multi-year strategic plan addressing Emergency Medical Services System and E911 Communications Center needs, based on the scope of services and additional stakeholder meetings. If this is approved, the study will begin within one week. The Solutions for Government will meet with the work group approximately once a month. The final draft should be done by June. The work group will bring it back to the Board with a recommendation on August 3�d PUBLIC COMMENT: Bill Waddell said that emergency services are an integral part of Orange County but he fears that this project is premature. He said that the statistical calculations as described are not transparent, repeatable, or verifiable. He said that the work group has not discussed the basic service levels. He said that the goal of the work group was to rebuild the working relationships between the county and the departments. They hope to get past hidden agendas. He asked the Board to wait 3-12 months before retaining a consultant to develop a long-term plan. Commissioner McKee said that there will have to be as much data as possible in order to review all solutions. He said that the work group could proceed with the work as these things come forward. Commissioner Gordon said that she wanted to make sure that the North Chatham Fire Department and Mebane Fire Department are included in this study, and she pointed this out to the consultant. Steve Allan said that North Chatham and Mebane are included and Michael Talbert agreed. Commissioner Jacobs said that he respects Mr. Waddell's comments. But he is comfortable with the Manager's recommendation. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to authorize staff to enter into a contract with Solutions for Local Government, Inc. to develop a multiyear strategic plan for the Emergency Medical Services System and E911 Communications Center, based on a recommendation from the Emergency Services Workgroup and to authorize the Manager to execute the contract. Commissioner Yuhasz asked Commissioner McKee if Durham County answers if called in Orange County and Commissioner McKee said yes. Commissioner Yuhasz suggested including a conversation with Durham County in this study. Commissioner McKee said that they would take it under advisement. VOTE: UNANIMOUS c. Propertv Divestiture: 112 and 118 N. Churton Street, Hillsborouqh The Board considered divestiture options regarding two surplus properties owned by Orange County at 112 N. Churton Street and 118 N. Churton Street in Hillsborough. Asset Management Services Director Pam Jones introduced this item. Since April 2009 the County has actively marketed the properties at 112 and 118 N. Churton Street, Hillsborough for sale. Several rounds of bid/upset bid were conducted and on November 5, 2009, the Board was presented with winning bids of$465,500 and $159,500 respectively for the two properties. These bids were rejected in order to initiate action that would effectively fill a gap in the existing Town regulations, by which a property owner could potentially remove the buildings. The Board authorized staff to negotiate an agreement with the NC Preservation Foundation to accept and administer a preservation agreement on the properties, effective upon sale. The Foundation agreed to a discounted fee of$7,000 and $3,000 respectively, which would be added to the final bid price for the properties and would be paid directly to NC Preservation Foundation by the new property owners at closing. Subsequent solicitations using this contract were unsuccessful for the property at 112 N. Churton, and the highest bid for 118 N. Churton was later withdrawn. Although the Foundation significantly reduced the preservation requirements, particularly for the interior of the buildings, no further interest in buying the properties has been forthcoming. In October 2011 the County requested the Town of Hillsborough accept a preservation easement for the properties, which would likely have been administered through its Historic District Commission. In January 2012, the Town Board of Commissioners declined to accept the easement (see attached letter from Hillsborough Mayor Tom Stevens). The staff is asking the Board of County Commissioners to allow the staff to put this back out to bid and to consider using the appraisals from 2009. Commissioner Yuhasz said that he has a concern about condition #3, imposing a deed restriction. He said that any changes to the building's exterior will have to comply with the Town Ordinance. His concern is that if a deed restriction is imposed, there will be a question of whether this means the restrictions in place at the time the alteration is proposed or the time the restriction was adopted. A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to authorize staff to move forward with soliciting bids for the properties, with minimum bids set at $450,000 for 112 N. Churton Street and $130,000 for 118 N. Churton Street; direct staff at such time as the bidding/upset bidding process concludes, to present the highest bids to the Board of Commissioners for consideration; and to delete condition #3. Commissioner McKee said that the properties need to be put on the market as is and sold, without restrictions. Commissioner Jacobs said that the staff is making a reasonable recommendation. He said that there is no restriction with this wording. VOTE: Ayes, 6; No, 1 (Commissioner Jacobs) d. Oranpe Countv Transit Plan — Oranqe/Durham Transit Cost Share Discussion and Related Issues The Board considered authorizing the Board Chair to continue discussions with Durham County officials towards a mutually agreed Light Rail Transit (LRT) two county cost-share agreement. THIS ITEM WENT FIRST UNDER REGULAR AGENDA Planning Director Craig Benedict said that this item had some specific information for the full Board as a response to the work session from last week. This item specifically had to do with the Orange County Transit Plan and the Orange-Durham Transit Cost-Share Plan. The jurisdictions have the ability to bring before the citizens a '/-cent sales tax, which can be used for public transit initiatives. One of the large initiatives being considered is a light rail technology between UNC and Durham. This will be a 17.4-mile stretch for$1.378 billion. The cost of the light rail would be shared between Orange County and Durham County. This item begins to institutionalize the process to fix the equitable share between both entities. Craig Benedict went through the options and provisions: Options A contingent of Orange County and Durham County officials has been meeting over the last couple months to `fine tune' an equitable cost sharing agreement. On March 15, 2012 at a BOCC work session, five options were discussed and the middle or third option from the March 2, 2012 Orange County/Durham County informal meeting was conceptually chosen to proceed towards finalization. This option proposes that $316.2 million will be the total (100%) amount for Orange County. There will be a 50% federal share, a 25% state share, which means that the local Orange County share will be $79.05 million. Durham's complementary share would be $1.0618 billion total which includes their $265.45 million local share. Provisions General Fund The BOCC also stated at the work session that the future agreement must include provisions that there is no financial exposure to Orange County that would cause general fund dollars to be expended in the future for LRT, whether it was capital or operating. The sensitivity to the potential of cost overruns and the limitations in sales tax revenue growth as compared to Durham County was cited as an important consideration. Re-examination of Apreement� Updates and Thresholds ' The agreement should also include provisions to re-examine the Orange County/Durham County cost sharing agreement if revenues or costs vary as yet to be determined percentage (5% for discussion purposes). Maintenance of Proposed Bus Service Hours Proposed bus service hours should also be maintained irrespective of the costs allocated to LRT with consideration for the reinvestment of rail dividend hours (i.e. when rail routes replace existing bus service, how do you convert to additional bus hours or projects). Small Capital In addition, the cost sharing proposal should also not affect Orange County's intent to allocate monies to the Hillsborough passenger train station (i.e. Amtrak) at this time. Action This agenda item, if approved, would allow the Board Chair and the assigned contingent to forward to Durham County, the joint county's cost share proposal and allow their full county board to discuss and confirm before institutionalizing the agreement. In addition, Orange County representatives could further `negotiate' within the parameters of this tentative proposal. This item and agreement would return for formal BOCC approval at a later date. Commissioner Gordon asked for clarification on the Manager's Recommendation. Craig Benedict said that there will be a public outreach meeting on April 3�d and some of these issues will be discussed then. Frank Clifton said that the Board of County Commissioners met with Durham County officials and they discussed different models and alternatives and tonight the County Commissioners should provide other input or direction for the Chair to take to Durham County about a cost-sharing agreement. He said that Durham County is ready to move forward but they do not know what Orange County wants to do. Commissioner Gordon asked about the justification for the amount of$316.2 million. Chair Pelissier said that the amount on page 1 of the abstract is what the majority of the Board agreed to in concept at the March 15th work session. Page 2 highlights the other points made during the work session that were not discussed with Durham County and would have to be incorporated. Commissioner Gordon said that the only two public sessions have not taken place yet and she would caution the Board about going too far in the process. Chair Pelissier said that the public will be asked to speak on the content of the plan and not the cost-sharing. Commissioner Hemminger said that she hears Commissioner Gordon's comments but she thinks that the points were captured and she would like to go back to Durham County with the bullet points from the work session last week. Commissioner Jacobs said that it is important to send Durham County a definite signal about being on board with this plan. He suggested reexamination of the agreement, and rather than have a percentage of change in costs, kick in a review of the agreement and make it a period of time. Commissioner McKee agreed with Commissioner Gordon and said that there are two public hearings coming up in April and he does not want to begin negotiating on a specific ' number with Durham County yet before hearing from the public. Commissioner Foushee said that the County Commissioners are agreeing to some negotiations in principle. She would suggest that the cost for this project is not a moving target. Any negotiations the County Commissioners enter into have to be based on a number. She suggested communicating to the public to the extent they have to that what they do from this point forward is in principle only and does not bind the Board to any resolution at this time, until such time that they hear from the public and the Board has had an opportunity to discuss this further. Commissioner Gordon agreed with Commissioner Foushee and said that the important thing is not to bind themselves in a negotiation and to tell Durham County that Orange County will be holding two public hearings and then finish the negotiations. Chair Pelissier pointed out that the timeline received on March 13th says that there will not be a cost-sharing MOU for a vote until May 1St Frank Clifton said that the agreement with Durham County on the cost sharing for the rail is contingent on state and federal monies. Commissioner Yuhasz said that he is not a fan of the plan but the discussion is how to divide the cost of the plan that has already been promoted. Regardless of what the public will say, it will not affect the cost of the plan. He agrees with moving forward in principle. He thinks that the County Commissioners should move forward with this particular cost split. Chair Pelissier said that the cost sharing is a fair way to do this. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to authorize the Chair to continue discussions with Durham County officials towards a negotiation and fhat the Chair emphasize that the County Commissioners agree in principle on the points, there will be two public hearings, and the agreement will be formalized after hearing the public comments. A/so, the MOA will be brought in periodically for review. Commissioner Jacobs said that Durham County has compromised. This is a dual partnership and Durham County has tried to be collaborative. VOTE: Ayes, 6; No, 1 (Commissioner McKee) Chair Pelissier referred to the previous suggestion that the agreement be reviewed after a certain time period. She asked Patrick McDonough if Orange County had a decrease in revenues for two years in a row, then how would this impact the model. She would not want to lose bus hours. Craig Benedict said that the County Commissioners have seen the impact of the delay of the implementation of the 'h-cent sales tax referendum. This has resulted in a change in the amount of bus hours. He made reference to the two excel spreadsheets. Commissioner Foushee left at 8:23 PM. Craig Benedict went through the agenda materials which he had distributed. He said that due to the delay, the bus hours have been decreased from about 50,000 hours. The goal is how to reprioritize the hours on the plan. The excel spreadsheet shows 19 projects that could be accomplished. Craig Benedict went through three different categories of projects, and explained the pie chart with the percentages of 64%, 24%, and 12% for Chapel Hill Transit, Triangle Transit, and Orange Public Transportation, respectively. He said that about 34,000 hours are fundable under the new financial plan draft. If 6000 hours are used for existing services, it would actually be about 28,000 new hours Commissioner Gordon asked Craig Benedict some questions of clarification about the materials he had presented, which he then answered. Commissioner Gordon asked if this was the last meeting to discuss this before the outreach meetings. Craig Benedict said that the first public outreach is April 3�d, so this is probably the last time it will be discussed before then. There is another work session on April 19th, which is after the two public hearings. Commissioner Gordon clarified that the "Draft Financial Plan for Bus and Rail in Orange County" is the draft "enhanced" financial plan. There is also a "core plan", which is what the Board saw at a work session. The core plan should be put out there for public input, but there should be a note that "additional bus hours could be increased instead of funding all three bus capital projects." She said that people really want more bus hours. Commissioner Jacobs made reference to the handout with dark stripes and existing services and asked how these are supported. Craig Benedict said that, as it is planned now, these 6,000 hours were intended to be funded by the $7 vehicle registration tax, and the funds would have to be apportioned back to the entities that have transit according to population. Commissioner Jacobs said that the dark lines add up to 28,000-34,000 hours and those are all within Chapel Hill. He asked how this is equitable for a County in which a third of the people do not live in Chapel Hill. Frank Clifton said that the County Commissioners need to discuss this. Chair Pelissier suggested that the Board take one of the charts and concentrate on giving direction to staff. The public needs to know the draft proposal of bus hours in the first three years, and then the next two years, and up to the end of the plan. She thinks that the Board needs to give general direction. She suggested following the principle of rural hours, urban hours, and regional hours during the first three years. Commissioner Gordon said that the Board just got this information tonight and she does not see how it is possible to decide tonight when there is no staff input yet. She wants to get something together to send out to the public. She suggested that the staff come up with some principles. Commissioner Jacobs agreed with Chair Pelissier but he also agrees that they do need some guiding principles and proportionality. He said that the County Commissioners are trying to represent everyone in Orange County, and in principle he would like to say that they would like to see the hours divided up on a proportional basis, based on population to the most feasible extent possible. He would like to see public comment on the routes, specifically. Wib Gulley, General Counsel from Triangle Transit said that they have not seen this information before either. He said that he could provide a plan that gives some specificity about how the bus money will be spent. Patrick McDonough said that when Triangle Transit got the pie chart from Chapel Hill Transit this morning, he heard something different in their meetings than did Chapel Hill. He said that the governmental entities are better at prioritizing their own needs than prioritizing shared needs, due to limited resources. This is where the public input will help. Commissioner Yuhasz said that this is a markef justified plan and the priorities should be more time hours to regional groups. He said that 25% to Saturdays and Sundays is excessive. Commissioner McKee said that most of these hours are going to be dedicated to Chapel Hill and Carrboro, but there is a growing need for transit in rural Orange County. He said that he does not want to be constrained by artificially early timelines and deadlines and not make the right decisions. Commissioner Jacobs said that he agreed with Commissioner McKee but he does think that this pie chart has proportionality. He thinks that there needs to be proportionality between Triangle Transit funding, Chapel Hill Transit funding, and Orange Public Transit funding. Chair Pelissier said that she does not want to pick specific routes, but that is up to the transit entities. Frank Clifton suggested that the Board take a consensus on the direction the County Commissioners are going to give the staff. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to state that the preference for guidelines was based on the percentage thaf was set forth in the original bus hours as articulated in the chart that we have in the agenda materials, and that specific bus routes will be up to the providers. The Board will listen to the public as it makes it preferences known regarding which routes it wants various providers to prioritize. Commissioner Yuhasz said that when they look at proportionality for the bus route scenario, it could be that a large percentage of the hours are in the bottom half of the prioritized route. He would not want to see some higher priority routes to be lost from certain providers because they are in the smaller percentage of overall hours. He wants to give way to the priority in the original list. Craig Benedict said that the pie chart from Chapel Hill Transit has all 6,000 hours of supporting the existing services under their piece of the pie. Discussion ensued about the proportion of bus hours. Chair Pelissier recapped the motion, which was to ask staff to come up with a draft bus plan that follows the proportionality that was used last year in looking at the bus hours. Each provider will select their priority routes. However, Craig Benedict said that the numbers are different from the 64%, 24%, and 12% in our agenda materials. In spring of 2011, according to his calculations, the numbers were Chapel Hill Transit—43.95%, Triangle Transit—31.46%, and the remainder was OPT (roughly 24%). Commissioner Hemminger said that her second was based on the numbers on the pie chart, which has 64% for Chapel Hill Transit, 24% for Triangle Transit, and 12% for OPT. Commissioner Jacobs said that the pie chart was generated by Chapel Hill Transit and the ones from Craig Benedict were from last year. Patrick McDonough said that this discussion is demonstrative of different visions that different staff inembers have had over time. Commissioner Gordon said that she wanted to keep the pie chart percentages of 64, 24, and 12. Frank Clifton suggested using the percentages in the pie chart and prorating the 6,000 hours to Chapel Hill and to use this as a guideline for the pie chart. Commissioner Jacobs said that the two different sets of numbers do not mesh. He said that Wib Gulley stated the percentages, but that the County would be guided by the percentages that were operative in spring of 2011 to fashion a package that was divided among the three transit providers and was equitable. This would not tie the County to specific numbers. Commissioner Hemminger said that she would not agree with this amendment. She wants to stick with the formula she stated as a starting point. Commissioner Jacobs left the motion as it was. Commissioner McKee said that he will support this but these figures are the problem and they are too fluid. He said that the numbers need to be brought in a more definitive package. Commissioner Hemminger raised the question concerning what the motion stated and whether it would be better to withdraw the motion and start over with a new motion. The County Attorney said that the Commissioners must vote on the current motion. Chair Pelissier stated that the motion was to use the 2011 figures. VOTE: Ayes, 1 (Commissioner McKee); Nays, 5 MOTION FAILED A motion as made by Commissioner Hemminger, seconded by Commissioner Jacobs to move forward with the work sheet, as shown, with fhe pie chart, with an asterisk by the 6,000 hours to make sure that it is understood that this is from the vehicle tax, and work with the percentages of 64% for Chapel Hill Transit, 24% for Triangle Transit, and 12% for Orange Public Transit. VOTE: Ayes, 5; No, 1 (Commissioner Yuhasz) A motion was made by Commissioner Gordon that when going to public hearing with the core plan there should be a note that additional bus hours could be increased instead of funding all three of the bus capital projects. There was no second. The motion failed. Commissioner Gordon confirmed that the core plan is going forward for public input, although without the note, and that the public can comment on it. Chair Pelissier said that the public can make comments however they wish about the core plan. Chair Pelissier said that the financial plan needs to be more comprehensive and Craig Benedict said that there would be a full PowerPoint presentation at the public hearing for the financial plan. 8. Re orts-NONE 9. Countv Manaqer's Report NONE 10. Countv Attornev's Report NONE 11. Appointments a. Recommendations for the Board of Directors of the Piedmont Food and Aqricultural Processinq Center Corporation The Board considered appointing three directors to the Board of Directors of the 5010 (3) nonprofit organization, which will manage, direct and operate the Piedmont Food and Agricultural Processing Center. A motion was made by Commissioner McKee, seconded by Commissioner Yuhasz to appoint James Watts, Dina Mills, and Barry Jacobs, with Mr. Watts being specified as the County-specific appointee. VOTE: UNANIMOUS b. Adult Care Home Communitv Advisorv Committee—Appointments The Board considered making appointments to the Adult Care Home Community Advisory Committee. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to appoint Dr. Mario Battigelli with a term expiring March 31, 2014 and Ms. T. L. Crews with a term expiring March 31, 2013. VOTE: UNANIMOUS c. Oranpe Countv Arts Commission —Appointments The Board considered making appointments to the Orange County Arts Commission. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to appoint Lindsey Alexander, Katherine Dickson, Cher Tuskey, Alice Levinson, and Emily Lees with terms expiring March 31, 2015. VOTE: UNANIMOUS d. Equalization and Review Board —Appointments The Board considered appointments to the Board of Equalization and Review. A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to appoint the following: 1. Karen Morrissette Member and Chair 2. Barbara Levine Member 3. Reginald Morgan Member Alternates: 4. Edward Averett 5. Raymond Atwater 6. Cynthia Campbell 7. Pamela Davis 8. Joel Eder 9. John Timothy Kepley 10. Jennifer Marsh 11. Paul Snow VOTE: UNANIMOUS e. Oranqe Countv Nursinq Home Communitv Advisorv Committee— Appointments The Board considered making appointments to the Orange County Nursing Home Community Advisory Committee. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to appoint Vickie Barringer with a term expiring March 31, 2013 and Susan Deter with a term expiring April 19, 2015. VOTE: UNANIMOUS ' f. Oranqe Countv Parks and Recreation Council —Appointments The Board considered making appointments to the Orange County Parks and Recreation Council. ' A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to appoint Eric Roeder and Vanessa de Nijs with terms expiring March 31, 2015. VOTE: UNANIMOUS g_ Oranqe Countv Planninp Board —Appointments The Board considered making appointments to the Orange County Planning Board. A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to appoint Buddy Hartley (Little River Township), Peter Hallenbeck (Cheeks Township), Andrea Rohrbacher (At-Large), and Tony Blake (Bingham Township), all with terms expiring March 31, 2015. VOTE: UNANIMOUS h. Chapel Hill/Oranqe Countv Visitor's Bureau —Appointments The Board considered making appointments to the Chapel Hill/Orange County Visitor's Bureau. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to appoint Greg Overbeck (Chapel Hill-Carrboro Chamber of Commerce), Jim Parker (Hillsborough Chamber of Commerce), and David Gephart (Alliance for Historical Hillsborough), all with terms expiring December 31, 2014. VOTE: UNANIMOUS 12. Board Comments Commissioner Jacobs said that his only comment is based on the discussion about transit and he has sympathy for the public in understanding the transit project. Commissioner Gordon —NONE Commissioner McKee seconded Commissioner Jacobs' comments. Commissioner Hemminger made reference to an idea that was expressed last week in the Durham/Orange/Chapel Hill Work Group in talking about the Eno Development District. There is a commuter rail line situation there, and with the Hillsborough rail station going in, there is a possibility to consider developing that area with a rail stop. This is just a thought. Durham representatives were very excited about this prospect. Commissioner Yuhasz -NONE Chair Pelissier-NONE 13. Information Items • Orange County Earth Fair 2012 14. Closed Session A motion was made by Commissioner McKee, seconded by Commissioner Hemminger to adjourn into closed session at 10:03 p.m. for the purposes 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;" NCGS § 143-318.11(a)(6). "Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board." (Orange County vs. Eno River Parking Deck) Approval of Closed Session Minutes � VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to reconvene into regular session at 10:35 p.m. VOTE: UNANIMOUS 15. Adiournment A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to adjourn the meeting at 10:35 p.m. VOTE: UNANIMOUS Bernadette Pelissier, Chair Donna S. Baker, CMC Clerk to the Board