HomeMy WebLinkAboutMinutes 04-03-2012 APPROVED 8/21/2012
MINUTES
BOARD OF COMMISSIONERS
REGULAR MEETING
APRIL 3, 2012
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, April
3, 2012 at 7:00 p.m. at the at the DSS Offices, Hillsborough Commons, Hillsborough, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier and Commissioners Alice
M. Gordon, Barry Jacobs, Pam Hemminger, Earl McKee, and Steve Yuhasz
COUNTY COMMISSIONERS ABSENT: Valerie Foushee
COUNTY ATTORNEYS PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Gwen Harvey,
Assistant County Manager Michael Talbert and Clerk to the Board Donna 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 Chanqes to the Aqenda
There were two PowerPoints at the County Commissioners' places for item 6-a on
Transit.
There was a request for the addition of two closed sessions:
PER- [N.C.G.S. 143-318.11(a)(4)]
"To discuss matters relating to the location or expansion of business in the
area served by this body."
And
Per 143-318.11(a)(3) To consult with an attorney employed or retained by the
public body in order to preserve the attorney-client privilege between the
attorney and the public body, which privilege is hereby acknowledged.
A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz
to add the two closed sessions as shown above.
VOTE: UNANIMOUS
Chair Pelissier said that item 7-a, Durham-Chapel Hill-Carrboro Metropolitan Planning
Organization Boundary Amendment Options, will be deferred because additional information
was just received today. The item will be on the agenda on April 17tn
Chair Pelissier said that Commissioner Foushee was unable to attend tonight.
PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
2. Public Comments
a. Matters not on the Printed Aqenda
Chris Weaver asked for an update on the weapons ordinance and he said that he has
not heard anything from the Board. Since the last time this was discussed, there have been
no crimes committed by those with a weapons permit.
Chair Pelissier said that she wrote this letter as a petition to put this on the public
agenda. She said that the majority of Board of County Commissioners wanted to keep the
weapons ordinance on a regular agenda. She said that she would send a copy of this to Chris
Weaver.
Libbie Hough said that she was representing Child Care Services, Association; Orange
County Partnership for Young Children; KidsCope, Orange County Preschool Inter-agency
Council; and Durham-Orange Association for the Education of Young Children. They are
celebrating the Week of the Young Child. She asked that a resolution entitled, The Week of
the Young Child, be placed on the next Board of County Commissioners' meeting agenda
recognizing the week of April 22-28 as the Week of the Young Child.
Chair Pelissier said that this would be referred to the agenda review process.
Donald O'Leary spoke about International Council for Local Environmental Initiatives
(ICLEI). He said that being a member of ICLEI and forming a loyalty to a foreign communist
socialist organization is treason.
b. Matters on the Printed Aqenda
(These matters were considered when the Board addressed that item on the agenda
below.)
3. Petitions by Board Members
Commissioner Hemminger petitioned the Board of County Commissioners to have
motions shown on the screen during the meeting. She also asked the Board of County
Commissioners that when motions are made that the motion be read in its entirety.
Commissioner Gordon read her petition related to communication with the public
concerning possible changes in the provision of fire services in the Southern Triangle Fire
District:
1)That on the April 17th BOCC agenda that there be a status report on the possible changes to
the provision of fire services including what has been discussed and the options that are being
discussed for the Southern Triangle Fire District.
2) That there be a public outreach meeting for citizens in the area of the district where there
are no fire hydrants, in a similar timeframe to the meeting that is being scheduled for citizens in
the area where there are fire hydrants.
3) That a public hearing on the proposed changes to the provision of fire services in the
Southern Triangle Fire District be held before the Commissioners make a decision on any
proposed changes to the provision of fire services in the district.
She said that she is bringing this petition forward because she wants this to be a
transparent process so all citizens in the district are informed concerning what is being
considered.
4. Proclamations/ Resolutions/ Special Presentations
NONE
5. Consent Aqenda
• Removal of Any Items from Consent Agenda - NONE
• Approval of Remaining Consent Agenda
A motion was made by Commissioner McKee, seconded by Commissioner Yuhasz to
approve those items on the Consent Agenda as stated below:
VOTE: UNANIMOUS
• Discussion and Approval of the Items Removed from the Consent Agenda
a. Minutes
The Board approved the minutes as submitted by the Clerk to the Board as follows:
February 14, 2012.
b. Motor Vehicle Property Tax Release/Refunds
The Board adopted a release/refund resolution, which is incorporated by reference, related
to 32 requests for motor vehicle property tax releases or refunds.
c. Property Tax Releases and/or Refunds
The Board adopted a resolution, which is incorporated by reference, to release property
values related to thirty five (35) requests for property tax release and/or refund.
d. Fair Housinq Month
The Board approved a proclamation, which is incorporated by reference, designating April
2012 as Fair Housing Month.
e. Requests for Road Additions to the State Maintained Secondary Road Svstem
The Board made a recommendation to the North Carolina Department of Transportation
(NCDOT) concerning petitions to add sub-division road(s) in Fox Hill Farm- Central
Subdivision (Farm Gate Drive and Lee Fox Lane) and Tanglewood Acres (E. Benton Drive)
to the State Maintained Secondary Road System
f. Chanqes in BOCC Reqular Meetinq Schedule for 2012
The Board approved three changes to the County Commissioners' regular meeting
calendar for 2012 as follows:
- Changing the location of the August 21, 2012 Regular Meeting FROM DSS Offices,
113 Mayo Street, Hillsborough TO the Central Orange Senior Center (Adjoining
Triangle Sportsplex), 103 Meadowlands Drive, Hillsborough; and
- Changing the location of the August 27, 2012 Quarterly Public Hearing FROM the DSS
Offices, 113 Mayo Street, Hillsborough TO the Central Orange Senior Center (Adjoining
Triangle Sportsplex), 103 Meadowlands Drive, Hillsborough; and
- Changing the location of the May 3, 2012 Work Session FROM SHSC, 2501
Homestead Road, Chapel Hill TO the West Campus Office Building, 131 West
Margaret Lane, Hillsborough, NC for a teleconference presentation on the automated
agenda process.
6. Public Hearinqs
a. Oranqe County Transit Plan Public Outreach
The Board received public comments on the Orange County Transit Plan (OCTP) prior
to the Board's adoption of the draft plan tentatively scheduled for May 1, 2012.
Chair Pelissier said that this is the first of two public outreach meetings. She said that
the question asked by Commissioner Gordon in an email was not on the website, but it will be
answered in the presentation.
Commissioner Gordon said that the question she emailed was about the core transit
plan and the enhanced transit plan and the provision of bus service in the core plan.
Planning Director Craig Benedict said that there have been many meetings over the
past few months and the purpose of tonight's meeting is public outreach concerning this plan.
He made a PowerPoint presentation. He said that this is not related to the '/�-cent sales tax
referendum. These decisions will be made later in May.
Orange County Transit Plan Overview
Public Input Session
April 3 2012
Purpose of Tonight's Meeting
�'„� To provide information on:
°� Authorizing Legislation
°� Sales and Vehicle Registration
°� Intent of Legislation: Equity
�'„� To receive public comment on the Orange County Transit Plan including:
°� Plan expenditures
�'��u Light Rail
�'��u New and Expanded Bus Service (Provided by CHT, TT and OPT)
�'�� Martin Luther King Jr. Blvd Bus Lanes
�'��u Small Capital Projects (Hillsborough Train Station, Park and Ride, etc)
°� Enhanced vs. Core Plans
Congestion Relief and Intermodal 21St Century Transportation Fund
- Passed July 2009
�'„� Authorizes a regional transportation authority to:
% Create a special district that encompasses one or more counties and to levy a '/2
cent sales and use tax
% Increase the amount a Regional Public Transportation Authority can levy to
increase vehicle registration fees from $5.00 to $8.00
�'„� To levy tax, these requirements must be met:
°� Approval by County Commissioners
% Develop and approve a financial plan in conjunction with Triangle Transit
°� Adoption by MPOs
°� Adoption by Triangle Transit Board
°� County public hearing prior to referendum
°� Referendum passed by voters
Special Conditions
% Orange County intends to adopt a unique joint agreement with Triangle Transit
to set the timing of the tax levy
% Cost sharing agreement with Durham County regarding Light Rail costs
'/2 Cent Sales Tax
�'„� �/�- cent sales tax will add 5 cents to a $10 retail purchase.
�'„� Food, pharmaceuticals, gasoline, housing and health care are exempt from the sales
tax.
Vehicle Registration Tax
- Orange County is authorized to impose a Vehicle Registration fee of$7.00 that can be
used to support existing services
Intent of Public Transportation Legislation
�'�� Section [105-510.6(2)] states, "...to provide for equitable use of the net
proceeds...and consider:
% the identified needs of local public transportation systems in the district,
°� human service transportation systems within the district, and
% expansion of public transportation systems to underserved areas of the district.
Plan Expenditures Overview
'°;"� Light Rail
°� $1.378 billion
°� Cost Sharing Agreement with Durham County
�'„� New & Enhanced Bus Services
°� 34,900 Hours by 2035
°� Some support of existing services (6,000 + Hours)
°� Will discuss breakdown/distribution later
�'„� Bus Rapid Transit (BRT) on MLK Jr. Blvd
°� $22.1 million
�'�� Small Capital Projects
°� $14 Million
°� Park and Ride Lots
°� Bus and Rail Transfer Stations
°� Passenger Rail Station in Hillsborough
�'„� 17 Stops between UNC and Alston Avenue in Durham along 17.4 miles
�'„� 10 minute intervals during peak hours; 20 minutes during non-peak
�'�� Seating for 76 passengers per car
�'„� Major stops include UNC Hospital, the Friday Center, Gateway Station, South Square,
Duke Medical Center and the Durham Transit Station (where transfer to commuter rail
is available to RTP and Wake County)
�'�� Costs will be shared with Durham County
New & Enhanced Bus Services
�'�� Chapel Hill Transit
°� Provides fixed route service to Chapel Hill and Carrboro
�'„� Triangle Transit
% Provides regional fixed route service in and between Orange, Durham and
Wake Counties
�'�� Orange Public Transit
% Provides demand response service to rural Orange County, operates the
Hillsborough Circulator and could develop rural feeder routes
New & Enhanced Bus Services
�. Improve mobility in the region
���'�. Provide geographic equity/countywide services distribution
�'a. Support improved capital facilities
����. Support transit-supportive land use
G���. Provide positive impact on air quality
Small Capital Projects
�'„� Passenger Rail Station in Hillsborough
�'�� Competitive Process For:
°� Park and Ride lots in rural crossroad communities
°� Bus stop enhancements
% Other
Next Steps
�'„� April 17, 2012: Public Input Session at Southern Human Services Center
�'„� April 19, 2012 : BOCC work session on to discuss the draft plan and public input
�'„� May 1, 2012: Regular BOCC meeting: commissioners will decide whether or not to
approve draft OCTP
�'„� May 1, 2012: Public hearing on �/� cent sales tax referendum
�'„� May 15, 2012: Decision on �/� cent sales tax referendum
Patrick McDonough from Triangle Transit said that the key thing is to review the plan in
draft form and also give a little background information. He made a PowerPoint presentation.
Orange County Draft Plan Overview
- Background
- Core Plan
o Bus Capital Investment (2013-2017)
o Bus Services (2013-2017)
o Intercity Rail Station in Hillsborough (2015/2016)
o Bus Lane(s) on MLK in Chapel Hill (2019)
- Enhanced Plan
o Core Plan
o Light Rail Transit (2026)
Background
- Special Transit Advisory Commission (STAC) recommendations (2008)
- DCHC-CAMPO Joint 2035 Long Range Transportation Plan Adopted (2009)
- NC House Bill 148: Congestion Relief and Intermodal 21St Century Transportation Fund
(2009)
Option of'/�-cent sales tax (referendum required) for public transportation purposes in Triangle
and Triad
Option of'/4-cent sales tax (referendum required) for public transportation purposes in all other
NC Counties
Option of vehicle registration fee increase (up to $7) for public transportation purposes in all
NC Counties
Selection of Initial Study Corridors
- The three study corridors for the Alternatives Analysis were selected from the Transit
Vision Map based on five criteria: Mobility, Population, and Employment, Land Use,
Financial, and Stakeholder Input. The study for the selection of corridors was the
"Transitional Analysis."
Agency and Public Involvement
- Major Corridor Planning:
- 3 Sets of Public Workshops totaling 19 meetings
o June and September 2010; March 2011
o Multiple locations in Orange County
- Bus Planning
o Onboard-bus customers surveys
o Short range transit plans
o Transit agency staff input
o Call center data: "Does the bus go to ?"
Bus Capital Investment: $6 Million over 5 Years
Bus Services: 34,650 hours Implemented by 2017
Intercity Rail: Hillsborough Train Station
- Access from Hillsborough to Durham, Raleigh, Greensboro, Charlotte, more NC cities 4
times/day
- Direct service to NYC, DC, Richmond via Carolinian
- $4 to $8 million in investment
MLK Bus-Only Lanes by 2019
- From I-40 area to Estes Drive
- Will improve access to main campus and Carolina North
Commissioner Gordon said that the details of the core and enhanced plans are not in
their packets tonight and were not part of either PowerPoint presentation.
Craig Benedict said that he could pull up that slide after the public comment.
Commissioner McKee said that he would like to see the slide before public comment.
He said that no information was brought forth to the public on BRT except on MLK Boulevard
in Chapel Hill and no other for alternatives such as 15-501.
Chair Pelissier said that some of those items are not there because the public is to
comment on the draft transit plan.
Craig Benedict pulled up the slide. He said that in the first five years, the only thing that
would come forward if the '/�-cent sales tax is passed, is that in year three there would be
28,000 bus hours. In year five, another 6,300 bus hours could be added. In year five or six,
there could be a decision on light rail from Triangle Transit. If the federal transportation
department determines that light rail is a viable alternative, and then the construction will
begin, there will be bus lanes on MLK (2019) and light rail will come online in 2026. The light
rail will replace some of the bus routes. If light rail is not funded through state or federal
monies, then capital bus projects (core plan) could come online in 2023, 2027, and 2031.
The enhanced plan is on the right and the core plan is on the left of the handout.
PUBLIC COMMENT:
David Laudicina read a prepared statement:
"To begin I would like to commend you on the work you have done on analyzing the
transit plan especially with the addition of the Hillsborough train station to the plan. You have
listened to your constituents and are willing to revise the plan. My concerns are that the 40%
of the Orange County population living outside of Chapel Hill and Carrboro are not represented
fairly by the dollars rural residents will spend with the proposed '/�-cent sales and use tax
compared to the services rural residents will receive. Twenty-three percent of the Orange
County population lives in Cheeks, Hillsborough, and Eno Township, easily drivable to a
Hillsborough train station. The rest of the rural 40% also live a drivable distance to the
proposed Hillsborough train station.
The portion of the transit project supporting Orange County is estimated approximately
at $315 million of a total cost of 1.378 billion dollars of which 25% of approximately $80 million
will come from the proposed Orange County '/�-cent sales tax. If you look at the pie chart you
can see that 97+ percent of the $316 million Orange County cost most of which is dedicated to
the Light Rail service between Chapel Hill and Carrboro will benefit only Chapel Hill and
Carrboro residents and a meager portion of 3% will benefit rural Orange County residents.
Again, thank you for adding the Hillsborough train station to the plan. Introducing
Amtrak service to Hillsborough is a wonderful addition but realistically will not support daily
commuting between Hillsborough, Durham, Cary, Research Triangle and Raleigh. Current
Amtrak service only runs less than 10 trains daily which are not conveniently scheduled to
provide daily commuting service to rural Orange County residents to the Triangle and are
costly. A round trip ride from Burlington to Raleigh is 18 to 22 dollars.
I am proposing that the Board take a good hard look at extending limited commuter rail
service from Hillsborough in the morning and to Hillsborough in the evening to the planned
Commuter rail service on the current single track from Hillsborough to West Durham and
adding the extended service to the plan. The current Commuter Rail Service is planned to
provide service between West Durham, Durham, Cary, Raleigh, and Garner. Currently Amtrak
and freight carriers run trains safely on the single track through Orange County on the SAME
track proposed to support the commuter rail service between West Durham and Garner.
Triangle Transit will say that it is too costly to build a second track but I believe in the short-
term limited service to and from Hillsborough and West Durham and on to Cary and Raleigh
could be accomplished quite cheaply and safely sharing the existing single track with Amtrak
and freight carriers. The service would simply be a limited extension to the current proposed
Triangle Transit Commuter rail service from West Durham to Raleigh and Garner.
I wholeheartedly support public transportation but I don't think a properly educated rural
Orange County resident will vote in favor of the current plan given the huge disparity in
benefits and cost between rural Orange County and favoring Chapel Hill/Carrboro. Rural
residents defeated the present '/�-cent sales tax in the first go round, which included rural
benefits in economic development and schools and could easily defeat this referendum. In
order to get buy-in from rural voters I think it would be prudent to add more services provided
to rural Orange County residents. Take a look at the plan on the web for the Hillsborough train
station area. The station is the heart of a sustainable residential and commercial community,
walkable and bikable to downtown Hillsborough, built around a huge potential to provide
commuter services to rural Orange County residents to the rest of the Triangle. This is just the
kind of development Orange County and Chapel Hill have been talking about for years."
Mary Carter lives in Hillsborough and she said that transit is important to Orange
County. If it is done well, it will help focus density, encourage economic development, and
alleviate traffic congestion. It can also help Hillsborough achieve the vision of Amtrak services.
She said that citizens in the County are confused about the scope and funding for light rail
service. Most people do not know that Wake County has not committed to the plan. Before
another sales tax is placed on the ballot, the citizens need to be better educated on the plan.
It should be done in an open venue where people can ask questions and discuss this. She
asked where and how Orange County's population is expected to grow over the next two
decades and how that would impact transit users and routing. Secondly, she asked about the
alternatives that are available. She asked about the costs and the risks to Orange County
taxpayers for light rail. She asked about the impact of the delay or of proceeding too quickly.
She said that transit is too important and expensive to rush, and before the County
Commissioners commit to a plan and a tax, the citizens need to be involved in an in-depth
discussion of the plan and alternatives.
Chris Weaver said that Mary Carter covered most of what he wanted to say. He said
that he does not think that the County got the public hearing notice out in time.
Daniel Ashley asked where the tax increases will end. He said that all of the
educational material for the referendum is downplaying the significance of the tax.
Alex Castro is a resident of Bingham Township and a member of the Orange County
Advisory Board on Aging. He said that in the Master Aging Plan they addressed issues that
these seniors will be facing and one is mobility and transit services. He said that the
proportion of those in Orange County over 65 is equal to those under the age of 18. He said
that of those that are over 65, 32.3% live with a disability. He said that 13% of the people over
65 that live in Cedar Grove do not have access to a vehicle. He said that this group is
underserved by transportation. He asked the County Commissioners to consider how OPT
might be enhanced to serve the aging population better than it is now.
Bonnie Hauser was speaking for Orange County Voice and echoed some of the points
raised by Mary Carter. She said that this transit plan is complicated and they need more time
to digest. She said that most citizens in Orange County do not understand the plan, especially
the light rail investment. She said that the citizens appreciate the public hearing, but this is not
the right venue to fully educate the public. She asked why there is a rush and said it is too
complicated and important to rush this issue.
Joe Phelps said that he is not against helping people get around, but he is a little
confused about the direction of some of these things. He said that he is confused that there is
a big push for economic development, but yet also a big push for transportation. He asked if
the idea was for people to stay here and work or to send people elsewhere to work.
Chair Pelissier asked Craig Benedict if they could add a Q&A on the website for the
public. Craig Benedict said that staff has made good notes and this can be done. He will work
with the Chair, Vice-Chair, and Manager to talk about how to make it more interactive.
Commissioner McKee said that it was mentioned that monies had been put forth to
support the Hillsborough train station, but there is a small sliver of the pie chart that is for
capital projects such as park-and-ride, etc. He asked if the money was $800,000 and if it was
obtained out of the 3% share that was previously designated for park-and-ride and other small
capital projects.
Patrick McDonough said that the money for the train station is separate.
Commissioner McKee said that at the work session it was presented that this money
would come out of small capital projects. Patrick McDonough said that they originally thought
it was, but it is not.
Commissioner McKee said that he is concerned that figures continue to shift. He said
that there does not seem to be a finite pot of money. He asked if the '/�-cent sales tax would
be enough.
Patrick McDonough said that there is a plan from Orange County staff that is
conservative and they feel that they are accurate. He cannot guarantee anything, which is
why there are interlocal agreements. If the financing does not work out then there can be
delays, etc. so that the County will not be asked for more money.
Commissioner Jacobs said that he found this format stilted and unsatisfying. He said
that, as far as public comment, the County is short-changing the public. He said that the
County Commissioners have to the end of the fiscal year to make a decision, and this process
is not adequate as the public has indicated.
Commissioner Gordon said that her question was: "For year 2023 of the core plan
there was a capital project for $30 million. How many bus hours could Orange County have if
the $30 million was spent on buses? Please provide the numbers for both the operating costs
and the capital costs that would be involved." She said that specifically, she'd like to know the
capital costs of the buses and how many buses would be purchased and any other costs. She
asked for this information for 2023, 2027, and 2031.
Patrick McDonough said that the plan assumes $97 per bus hour. In trying to think
about the question of the $30 million capital projects, the plan is a 27-year plan. For every $30
million project, there can be 2.88 buses. It costs $10.4 million to buy, operate, maintain, and
replace a bus over the life of it..
Commissioner Gordon said that her other question was that they have a list of revenue
sources which are the '/�-cent tax, $7 vehicle registration fee and the $3 increase in the vehicle
registration fee for Triangle Transit. She asked what each of these support in the plan.
Patrick McDonough said that the revenues are not designed to be tied to any particular
projects. It is all in the same pool of money.
Commissioner Jacobs said that the County Commissioners agreed on March 22nd t0
move forward though they all had reservations about the pie chart (64%-Chapel Hill Transit,
24%-Triangle Transit, and 12%-Orange Public Transit). He asked how the Board should
proceed now.
Patrick McDonough said that it is not simply where people live, but where they want to
go. He said that the question for the Board to consider is what the market will justify.
Commissioner Jacobs said that he is addressing the Board of County Commissioners
and staff. He said that almost nothing has been done to locate park and ride lots in this transit
plan.
Craig Benedict said that before the next public hearing, they will put the percentages
out to the public.
Commissioner Gordon said that the comments should be interpreted as the
Commissioners wanting to have more explanation. She made reference to the distribution of
new bus service proposed by Chapel Hill Transit. She said that it is not a simple analysis.
Chair Pelissier said that focusing on the chart means missing the point. She said that
much of this is driven by where people work.
Steve Spade from Chapel Hill Transit said that it is about what the needs are and the
bottom line on how you distribute the funds is subjective. He has heard the public say that
they want to have more discussion,
Commissioner McKee said that he has the same concerns as Commissioner Jacobs
about the different percentages and also the limitations of the public comment.
Commissioner Jacobs said that the public input has not been very specific and he
would like to engage the citizens in a more interactive way. He suggested having two public
outreach sessions in April and pushing back the Board of County Commissioners' discussion.
A motion was made by Commissioner Jacobs, seconded by Commissioner McKee to
have two public outreach sessions in April (one at Southern Human Services Center and one
at DSS) and then have the Board of County Commissioners make a decision by June 5tn
VOTE: UNANIMOUS
Commissioner Yuhasz said that he would like to see some evidence that the 40% of
population in the rural areas will benefit at all from this transit plan.
Steve Spade said that the Board of County Commissioners will make a decision based
on the information staff gives to them. There will be facts and figures to support the plan.
Commissioner Jacobs said that Orange County is very fortunate to have Chapel Hill
Transit, but this is the first time that the Orange County Commissioners have had the
opportunity to direct funding towards public transportation. He said that the County
Commissioners need to get up to speed with the counterparts in Chapel Hill and Carrboro
because they have had the opportunity.
Frank Clifton asked about the schedule of work sessions and the public outreach
sessions.
Chair Pelissier said that what was scheduled for May 1 St would be moved to May 15tn
and what is scheduled for May 15th would be moved to June 5tn
Commissioner Jacobs said that the April 19th work session would be bumped to the
May 3�d work session.
The meeting schedule will be confirmed during the agenda review.
Commissioner McKee said that the newspaper is a good venue to educate the public.
He said that he is not seeing in-depth reporting on this issue and it is important to educate the
public through this venue.
b. Oranqe County's Proposed 2012 Leqislative Aqenda
The Board received public comments on its Proposed 2012 Legislative Agenda.
Greg Wilder introduced this item. He went through the additional items: Proposed
Orange County 2012 Legislative Matters Resolution with Exhibit (Orange-Alamance County
Line); Proposed Orange County 2012 Legislative Matters Resolution with Exhibit— Broadband
Grants for Economic Development; Proposed Orange County 2012 Legislative Matters
Resolution on Statewide Issues with Exhibit; Proposed "Areas of Support" and "Items of
Interest" Documents; Memorandum from Commissioners Jacobs and McKee Regarding
Hunting Deer with Dogs Legislative Item; and NCACC 2011-12 Adopted Legislative Goals.'
He said that the memo from Commissioners Jacobs and McKee recommends that the
Board not include hunting deer with dogs in the legislative package for this year.
Commissioner McKee said that the recommendation to not include the hunting deer
with dogs was because there has been an extensive education campaign, which has helped to
reduce the incidence of conflict between the hunters and homeowners. The recommendation
was to monitor the activity and consider it next year.
Commissioner Jacobs said that several items under Areas of Support and Items of
Interest were in response to concerns brought forward by the advisory boards or by staff (aqua
blue sheet). He would like to try and be responsive.
Commissioner McKee said that he would like to put some emphasis on a couple of
items as a major push, while recognizing that the other items are important to keep in mind.
PUBLIC COMMENT:
Steve Graf said that he is disappointed that the Board of County Commissioners is not
putting the hunting deer with dogs on the legislative agenda.
A motion was made by Commissioner McKee, seconded by Commissioner Hemminger
to close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to
separate item #1, Revenue Options, from the other items on the Resolution Regarding
Legislative Matters (lavender sheet).
VOTE: UNANIMOUS
Commissioner Hemminger said that she wants to put the hunting deer with dogs on the
agenda because she does not want it to get lost.
Commissioner Yuhasz suggested not putting it in the resolution, but still making a
statement that the Board does not want to abandon this issue and still wants to end hunting
deer with dogs in Orange County.
Commissioner McKee said that the decision not to include this in the packet this year is
no indication of wanting to abandon this issue, but the fact that the number of calls and
incidences has dramatically dropped.
Commissioner Hemminger made a motion to put the hunting deer with dogs issue back
on the agenda.
Commissioner McKee said that if they use this resolution to add this item, then it will
add to proposed legislative matters resolution for local issues.
Commissioner Yuhasz asked if this could be added to the list of"items of interest."
Commissioner Hemminger clarified her motion that there will be a separate memo for
this, writing to the Legislative Delegation that the Board of County Commissioners has not lost
interest in this issue and it understands the realities of the short session and that it will be
brought up again in the future. Commissioner Gordon seconded the motion.
VOTE: Ayes, 5; No, 1 (Commissioner McKee)
A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger
to approve item #1, Revenue Options for Local Government, that supports legislation that
authorizes any local government to enact any revenue source that is presently available to one
or more local governments in the state.
VOTE: Ayes, 4; Nays, 2 (Commissioner McKee and Commissioner Yuhasz)
A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger
to approve the other items on attachment 4: County Responsibility for Roads; Bio-solids
Disposal; Energy Efficiency Standards in Local Building Codes; Broadband; Sales Tax
Exemption; and Smart Start and more at Four.
VOTE: UNANIMOUS
A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger
to approve the resolution regarding the remaining Orange-Alamance County boundary
legislation.
John Roberts made reference to page 7 on the pink sheet and said that it will have to
be amended in Sections 10 and 11. Right now it refers to plat books and recordings and he
said that they cannot record the 9% as being the County line until the General Assembly
actually adopts it. He said that this will say, "the General Assembly adopts the 9% of the
County line as is recommended to them by the Orange County Commissioners and Alamance
County Commissioners at their (insert date year) meeting."
A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger
to approve Attachment 5, Orange County Areas of Support and Items of Interest.
VOTE: UNANIMOUS
A motion was made by Commissioner McKee seconded by Commissioner Yuhasz to
approve Attachment 3, Resolution Regarding Legislative Matter (related to Broadband).
VOTE: UNANIMOUS
The Board considered identifying three to five specific items from the entire
package to highlight for priority discussion at the April 16, 2012 meeting with Orange
County's legislative delegation. (blue packet)
A motion was made by Commissioner Yuhasz, seconded by Commissioner McKee to
approve the first four items on Attachment 7 as the top 4 priorities: Oppose shift of state
transportation responsibilities to counties; reinstate ADM and lottery funds for school
construction; ensure adequate mental health funding; preserve the existing local revenue
base.
Chair Pelissier said that she will vote against this because she wants to include item #5.
VOTE: Ayes, 2 (Commissioner McKee and Commissioner Yuhasz); Nays, 4
MOTION FAILED
A motion was made by Commissioner Hemminger, seconded by Commissioner
Gordon to have the Orange-Alamance County Line issue as the top priority.
VOTE: UNANIMOUS
A motion was made by Commissioner Hemminger, seconded by Commissioner
Gordon to have "oppose shift of state transportation responsibilities to counties" as a top
priority.
VOTE: UNANIMOUS
A motion was made by Commissioner Hemminger, seconded by Commissioner
Yuhasz to have "reinstate ADM and lottery funds for school construction" as a top priority.
VOTE: UNANIMOUS
A motion was made by Commissioner Hemminger, seconded by Commissioner
Yuhasz to have broadband as a top priority.
VOTE: UNANIMOUS
A motion was made by Chair Pelissier, seconded by Commissioner Jacobs to have
"authorize local revenue options" as a top priority.
VOTE: Ayes, 4; Nays, 2 (Commissioner Yuhasz and Commissioner McKee)
7. Reqular Aqenda
a. Durham-Chapel Hill-Carrboro Metropolitan Planninq Orqanization Boundary
Amendment Options
The Board was to consider providing feedback to staff on amendment options to the
Durham-Chapel Hill-Carrboro Metropolitan Planning Organization boundary in the vicinity of
the City of Mebane.
DEFERRED
b. Comprehensive Plan and Unified Development Ordinance (UDO) Text
Amendment Schedule for Auqust 2012 Joint Quarterly Public Hearinq — Solar Arrays
The Board considered approving the process components and schedule for a Planning
Director initiated Unified Development Ordinance (UDO) text amendment for the August 27,
2012 Quarterly Public Hearing regarding solar arrays.
Michael Harvey went through Attachment 1. The Board is being asked to approve
Attachment 1, which is the outline form and establishes the process utilized for the text
amendment for presentation to the August 27th Quarterly Public Hearing. This includes
outreach meetings to the general public and soliciting input from the Planning Department.
Commissioner Gordon asked how big the solar arrays would potentially be.
Michael Harvey said that the regulation would have some limitations establishing an
acceptable accessory use of solar arrays.
A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger
to authorize staff to approve the attached Amendment Outline form contained within
Attachment 1 and direct staff to proceed accordingly.
VOTE: UNANIMOUS
8. Reports
NONE
9. County Manaqer's Report
Frank Clifton made reference to the Orange County Pride Campaign initiated last year
with the Durham Herald. He said that Orange County won two marketing awards. One of
those was for marketing tools in print advertising. The second award was the Most Creative
Marketing Campaign Least Dollars Spent.
He made reference to the Efland sewer project, which was initiated 20 years ago. He
said that a low-interest loan will be given to Orange County of$755,000 for this project. There
is a tight schedule for this project.
He said that on April 20th, the CHCCS will have a groundbreaking on April 30th for
Elementary School #11.
10. County Attorney's Report
John Roberts said that there was previous discussion of UDO codification and this may
need to wait while text amendments continue to come in.
11. Appointments
NONE
12. Board Comments
Commissioner Jacobs noted that the parking code at the deck in Hillsborough where
there is free parking for citizens has been changed to 0416m.
Commissioner Gordon — none
Commissioner Hemminger said that she participated in Chapel Hill High School
Government Day. The Town Council, Mayor, Ed Kerwin from OWASA, and members of the
school board were in attendance.
Commissioner Yuhasz— none
Commissioner McKee — none
Chair Pelissier said that she also enjoyed Government Day.
13. Information Items
• March 13, 2012 BOCC Meeting Follow-up Actions List
• March 22, 2012 BOCC Meeting Follow-up Actions List
• BOCC Chair Letter Regarding Request to Present Revaluation Information
• BOCC Chair Letter to Joe Phelps Regarding Request to Present Revaluation Information
• BOCC Chair Letter Regarding BOCC Members Receipt of Advisory Board Appointments
Information
• BOCC Chair Letter Regarding Transit Discussions on Regular Meeting Agendas
14. Closed Session-two items
A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz
to approve a closed session to:
PER- [N.C.G.S. 143-318.11(a)(4)]
"To discuss matters relating to the location or expansion of business in the area
served by this body."
And
Per 143-318.11(a)(3) To consult with an attorney employed or retained by the public
body in order to preserve the attorney-client privilege between the attorney and the
public body, which privilege is hereby acknowledged.
VOTE: UNANIMOUS
15. Adiournment
A motion was made by Commissioner Jacobs seconded by Commissioner Yuhasz to
adjourn the meeting at 10:30 pm.
VOTE: UNANIMOUS
Bernadette Pelissier, Chair
Donna S. Baker, CMC
Clerk to the Board