Minutes 06-18-2013 - Laserfiche WebLink

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Commissioner Price referred to the passage under basic services in attachment 1 and said there is mention of a milestone date, followed by a mention in section 2 stating that this is not applicable. She questioned if section 3 is applicable, or if this is a placeholder. John Roberts said it is not applicable. Commissioner Dorosin moved to delete this paragraph - 3aiii on page 5 of the agenda. John Roberts said this is a template that attorneys can use, and the Board can vote to delete this particular provision. He said it is not applicable either way. Commissioner McKee clarified that the statement would nullify that section and the one that follows; and he said that, if so, he has no problem with leaving it in. Commissioner Dorosin withdrew his motion; but he said templates have pros and cons, and this should be discussed at a later date. A motion was made by Commissioner McKee, seconded by Commissioner Rich to approve an agreement between the County of Orange and Phillips & Jordan, Inc. for the purpose of providing Emergency Debris Removal and Processing Services and authorize the Chair to sign. VOTE: UNANIMOUS t. Land Lease for Orange County Jail The Board considered entering into a fifty year Land lease Agreement with the State of North Carolina for an estimated 8.53 acre parcel located near the existing Orange Corrections Facility at a rate of$1 per year for the purpose of the development and construction of a County Jail facility; and authorizing the Chair to sign upon final approval of the County Attorney. Commissioner Price asked if it is wise move forward on this lease, since John Roberts has stated that there may be some uncertainty. Frank Clifton said the staff has been working to acquire a lease for two years and the intent is to have a vested interest in this property. Commissioner Gordon asked John Roberts to speak to this. She thinks there is risk involved. John Roberts said the risk would come further down the road, after the construction starts, not with the land lease. He suggested the Board seek further assurances from the state about the current correctional facility on the site. Commissioner Gordon said if the county is going forward with a proposal to build on that land and this is pulled out from under them, it would be a problem. She said, once construction is started, this is a considerable risk and she understands it is a trade-off. She said she is not sure that the lease can be re-negotiated; however, looking at the highlighted provisions, she does not feel that a non-government client would be advised to sign this. She thinks the deal is good, but the risk is substantial. Chair Jacobs clarified that the proposed timeline would essentially give the Board three years to make a drop dead decision on this facility. Commissioner Pelissier asked what the legal ramifications would be if the state were to take this property at some point. John Roberts said the County only has the authority given to them by the state. He does not know the legal ramifications at this point. He said the Dorothea Dix property site may affect this and give an idea of what the state can do with local leases. A motion was made by Commissioner Rich, seconded by Commissioner McKee to enter into a fifty year Land lease Agreement with the State of North Carolina for an estimated 8.53 acre parcel located near the existing Orange Corrections Facility at a rate of$1 per year