HomeMy WebLinkAboutMinutes 10-12-2010 Work Session APPROVED 11/16/2010
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
WORK SESSION
October 12, 2010
7:00 p.m.
The Orange County Board of Commissioners met for a work session on Tuesday, October
12, 2010 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners Alice
Gordon, Pam Hemminger, Barry Jacobs, Mike Nelson, Bernadette Pelissier, and Steve Yuhasz
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEYS PRESENT:
COUNTY STAFF PRESENT: County Manager Frank Clifton and Clerk to the Board Donna S.
Baker (All other staff members will be identified appropriately below).
A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier
to add a closed session to the end of this meeting for the purpose of:
To establish, or to instruct the public body's staff or negotiating agents concerning the position to
be taken by or on behalf of the public body in negotiating the price and other material terms of a
contract or proposed contract for the acquisition of real property by purchase, option, exchange,
or lease, NCGS 143-318.11(a)(5); and
To discuss matters relating to the location or expansion of industries or other businesses in the
area served by the public body, including agreement on a tentative list of economic development
incentives that may be offered by the public body in negotiations, NCGS 143-318.11(a)(4).
VOTE: UNANIMOUS
1. Lands Legacy Action Plan for FY 2010-12
Dave Stancil, Director of the Department of Environment, Agriculture, Parks and
Recreation ( DEAPR) said that he would give an overview and background on this item tonight
and Land Conservation Manager Rich Shaw would touch on the highlights.
The Lands Legacy Program is directed each two years by adoption of a two-year Action
Plan. The 2010-12 Action Plan reflects acquisition priorities for the 24-month period beginning
July 1, 2010 and ending June 30, 2012. As in years past, the draft Action Plan was developed
with input from citizen advisory boards (listed with their areas of expertise in parentheses):
Commission for the Environment (natural areas, prime forest, riparian buffers, open space/trails),
Agricultural Preservation Board (farmland preservation), Historic Preservation Board
(historic/cultural resources) and the Parks and Recreation Council (parklands, open space/trails).
This Action Plan comes at a time where, after 10 years of learning and maturation, the
program finds itself in a different position. During the remainder of this current economic
downturn, while the State's conservation trust funds are in short supply, DEAPR proposes scaling
back on new acquisitions in order to tend to its ever increasing responsibilities for the lands
acquired and "land-banked" for future parks and preserves.
The following are some common themes for the approach to this Plan:
• Focus on the stewardship of existing conservation properties
• Acknowledge many long-term conservation needs exist, but recognize short-term financial
constraints
• Complete the projects already underway
• Shift the program's emphasis on conserving significant natural areas
Some projects listed in the 2010-12 Action Plan are already familiar to the Board, while
other projects are multi-year projects repeated from previous action plans. Finally, a few potential
new projects are offered for the Board's consideration. Details of each project are provided on
pages 4-5 of the action plan.
• Bingham Township Park
• Seven Mile Creek Preserve /
Mountains-to-Sea Trail
• Jordan Lake Macro-site
• Upper Eno Riparian Buffers
• Halls Mill and Faucette Mill
Historic Sites
• Stewardship of Existing
Properties
• Upper Bolin Creek Corridor
• Farmland Conservation
Easements
2
1 Dave Stancil made reference to Attachment 1, Lands Legacy 10-year Retrospective, and
2 noted how the program has been successful over the last ten years. He said that now the
3 County is going through a period of focusing on the stewardship of land that it currently owns.
4 This has become a priority with the recession.
5 Rich Shaw went through the draft action plan, which began on page 11 and
6 represented on the screen as well. The plan identifies some project areas to work on over the
7 next two years:
8 - Previously-approved projects
9 - Site stewardship
10 - Natural areas and wildlife habitat
11 - Joint Town/County open space
12 - Grant funds
13
14 The summary list of priority projects includes:
15
16 First Priority sites:
17
18 1. Future Bingham Township Park
19 2. Seven Mile Creek Preserve/Mountain to Sea Trail
20 3. Jordan Lake Macro-site
21 4. Upper Eno Riparian Buffers
22 5. Hall's Mill and Faucette's Mill Historic Sites
23
24 Second Priority sites:
25
26 6. Bolin Creek Corridor
27 7. Farmland Conservation Easements
28
29 Dave Stancil said that the focus will be on projects that have been in the works for
30 awhile and projects that may have a lot of return or partnership and grant opportunities. The
31 ability to work with partner organizations is vital. He emphasized that this is only a blueprint
32 and the Board of County Commissioners makes the final decisions on a case-by-case basis.
33
34 Commissioner Pelissier asked about the rationale for having the Bolin Creek corridor
35 and farm easements as second priorities. She said that the Bingham Township Park will
36 probably use up the majority of the monies available.
37 Dave Stancil said that some of the projects in the works now have funds that are
38 encumbered and are not listed in the funding sources. This money is what is available now for
39 any new projects.
40 Commissioner Pelissier said that she needs more clarification on what has been
41 encumbered. Dave Stancil said that he would provide a chart with this information.
42 Regarding the priorities, Dave Stancil said that it was a hard call because all of them
43 are top priorities. One of the reasons that farmland conservation easements was down on the
44 list was because a lot has been accomplished in this respect. There is not a lot of money left
45 in the conservation easement fund. Regarding the Bolin Creek Corridor, it would require a lot
46 of partnership and funds.
47 Commissioner Gordon said that she is generally supportive of working on the
48 previously approved projects and on the priority sites. She would also like more information on
49 what is encumbered.
3
1 Commissioner Jacobs acknowledged what a great success this program has been and
2 he commended the staff of DEAPR. He said that he is supportive of the direction regarding
3 the limited resources, but the Bingham Township Park is the last park from the 21-year old
4 master plan. He would like Dave Stancil to work with the Manager about whether or not staff
5 can update the master plan internally as far as payment-in-lieu funds. He said that it would be
6 good to put something on the website about the status of some of these properties. He said
7 that he would also like to engage partners in talking about conserving their own water supplies
8 instead of Orange County doing it all. The City of Raleigh is the only entity that is working with
9 Orange County in trying to protect the Upper Neuse. He would like to take a more proactive
10 stance in this.
11 Commissioner Hemminger agreed with Commissioner Jacobs on discussing the
12 updating of the master plan.
13 Frank Clifton said that staff may be able to provide an annual update for this master
14 plan and pick apart the areas that can be targeted as priorities.
15 Commissioner Gordon said that the County may be further along than everyone thinks.
16 There is a coordinated parks plan put together by the Intergovernmental Parks Work Group,
17 which is fairly recent.
18 Frank Clifton said that the philosophy of park use has changed in 20 years.
19 Commissioner Jacobs said that since 1989, the Lands Legacy Program came into
20 existence, there was an in-depth soccer report, and some of the standards of usage have
21 changed in regards to soccer. He said that if staff just looked at what has changed and what
22 the Board has adopted over that period of time, there will be a much more contemporary view
23 of what the plans are before doing anything too complicated. He pointed out that the most
24 telling number is that Orange County has protected more than 2,500 acres and the acreage
25 has cost the taxpayers of Orange County less than $4,000 an acre.
26 Commissioner Yuhasz said that it is important to provide for the future, but it is equally
27 or more important to provide for the present with the completion of the current projects and
28 stewardship of our lands and parks. He said that there is land that the County has purchased
29 but is still not accessible to the public and he would like to focus on developing the land they
30 currently own.
31 Chair Foushee said that she supports the direction that has been given to the Board
32 but she is more supportive of Commissioner Yuhasz's comments and the amount of land the
33 County has acquired but has not developed. She said that the public does not know which
34 properties are accessible to them.
35 Frank Clifton said that in the past Board of County Commissioners has been
36 enthusiastic about the Lands Legacy projects, but there has not been enough follow through
37 on these projects. He said that it is great to pursue a property, but better to be able to tell the
38 public when a piece of property is going to be open and who will be in charge of it.
39 Commissioner Gordon encouraged everyone to look back at the coordinated parks
40 plan. She thinks that it can all come together in a positive way. She congratulated Dave
41 Stancil and his staff on their work on the Lands Legacy Program in the past ten years.
42 Dave Stancil said that these topics are the same ones that the staff has been
43 discussing as well.
44 Commissioner Hemminger said that she is not sure if an update will be enough to
45 satisfy grant requirements. She thinks that a new master plan has to be adopted.
46 Frank Clifton said that staff could bring it forward as an item for the Board to take action
47 on.
48 Commissioner Pelissier said that she is proud to serve in a county that has a Lands
49 Legacy plan. She said that she does not see the agricultural conservation easements as
4
1 second priority. She would like to find a way to allow farmers to continue farming. She would
2 like to see in the future how these recommendations could be implemented.
3 Commissioner Jacobs said that the County has the Blackwood property and the
4 property between Mincy and Schley Roads that have no plans. He said that he would like to
5 see if staff could put together a pre-concept plan for these properties. He said that the Lands
6 Legacy Program talks about historic and cultural resource preservation and this has not been a
7 high priority compared to some of the other things. He said that he is fully supportive of the
8 other priorities, but he is glad to see that there is one place where this is a higher priority
9 (Faucette Mill).
10
11 2. Triangle Land Conservancy Request for Funding
12 The Board discussed a request from Triangle Land Conservancy (TLC) for funding
13 assistance from the Lands Legacy Program in the amount of $50,000 for a 2010 property tax
14 bill on land acquitted in May 2010.
15 Commissioner Hemminger said that she has been a member of the TLC for almost 20
16 years, but she will withdraw from the discussion.
17 Dave Stancil said that TLC was able to raise a remarkable amount of funding towards
18 this project. The land is located at New Hope Church Road and Old NC 10 in Chapel Hill and
19 Eno Townships. The property was owned by George and Julia Brumley, who died in a plane
20 crash in 2003. Mr. Brumley served on the TLC Board prior to his death and both he and Mrs.
21 Brumley were very conservation oriented.
22 Because this sale took place in mid-year, a property tax bill for 2010 was generated.
23 TLC will apply for property tax exemption in January 2011.
24 Commissioner Nelson said that one of the options is to take money from payment-in-
25 lieu funds. He asked if John Roberts had an opinion about this.
26 John Roberts said that to make this workable, there would have to be a permanent
27 arrangement with TLC.
28 Commissioner Nelson asked about TLC's position about opening this to the public. Jeff
29 Massey from TLC said that the intent is to open the property as a nature preserve as soon as
30 the funds are raised. There will be a conservation easement on the property with the Eno
31 River Association.
32 Frank Clifton suggested that the County be included in any of these TLC easements as
33 a way to say that the County got value for its investment.
34 Commissioner Jacobs said that he would like to see this come back on a regular
35 agenda. He said that TLC has been a good partner in land conservation and this is a way to
36 demonstrate to the public that it is a direct benefit to the public.
37 Commissioner Gordon said that she supports this request and Frank Clifton's
38 recommendation about the easements.
39 Frank Clifton suggested letting the attorneys work on this and to bring it back for the
40 Board of County Commissioners to review.
41 Commissioner Pelissier asked how soon the Board could provide a response to TLC
42 and Frank Clifton said probably by the first meeting in November.
43
44 3. Process for Recruitment and Selection of the Tax Administrator
45 The Board received information on the process for the recruitment and selection of the
46 Tax Administrator.
47 Frank Clifton said that in N.C. the Board of County Commissioners is responsible for
48 appointing the Tax Administrator. There are methods to do this search. Jo Roberson has
49 announced her retirement and she plans to leave by May 1, 2011. One method is for staff to
5
1 do a search. The other would be for the staff to bring forward applicants. The third method
2 would be to hire a consultant. He suggested the first or the second option. The issue is that
3 this is a very skilled position with a limited pool of applicants.
4 Commissioner Hemminger said that she would support Human Resources doing the
5 selection process.
6 Frank Clifton said that staff could bring the final candidate to the Board of County
7 Commissioners to meet and interview.
8 Commissioner Jacobs said that before the transfer of responsibilities, he would like to
9 have a discussion about the tax assessment process. This might affect who the County hires.
10 Frank Clifton said that the issue is whether or not the County wants to do another full-
11 blown revaluation.
12 Chair Foushee agreed with Commissioner Jacobs about discussing this before hiring
13 someone else.
14 The Board agreed.
15
16 CLOSED SESSION
17 A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson
18 to go into closed session at 8:22 PM for the purpose of:
19
20 To establish, or to instruct the public body's staff or negotiating agents concerning the position
21 to be taken by or on behalf of the public body in negotiating the price and other material terms
22 of a contract or proposed contract for the acquisition of real property by purchase, option,
23 exchange, or lease, NCGS 143-318.11(a)(5); and
24
25 To discuss matters relating to the location or expansion of industries or other businesses in the
26 area served by the public body, including agreement on a tentative list of economic
27 development incentives that may be offered by the public body in negotiations, NCGS 143-
28 318.11(a)(4).
29 VOTE: UNANIMOUS
30
31 RECONVENE INTO REGULAR SESSION
32
33 A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson
34 to reconvene into open session at 9:15 PM.
35 VOTE: UNANIMOUS
36
37 ADJOURNMENT
38 A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger
39 to adjourn the meeting at 9:15PM.
40 VOTE: UNANIMOUS
41
42 Valerie Foushee, Chair
43
44 Donna S. Baker, CMC
45 Clerk to the Board
46
47
48