Orange County NC Website
8 <br /> acted this way thus far, and he decided to stand down on opposing the language. He said he <br /> never expects to get to the point of the situation described in #15. <br /> Chair Dorosin said the language in #15 needs to be taken in context with the previous <br /> paragraphs, which he read. He said the important parts are the meetings and conferring <br /> meetings, which insure there is a process in place, with many opportunities for discussion and <br /> consideration of options. He said the way this has been structured and discussed has been <br /> misleading. He said this plan has to work for both counties, and it has been implied that all are <br /> muscling for position, but that is wrong. He said it has been a collective effort by both <br /> counties, and they were able to build consensus around this as a collaborative effort. <br /> Commissioner Marcoplos said this is a good time to read paragraph 16, and he said he <br /> could not see there being any type of issue with Durham County or GoTriangle other than a <br /> financial one. He read paragraph #16 and said this offers is a lot of protection. He said if the <br /> federal or state governments decide to pull its funding, then the project is done regardless. <br /> Commissioner McKee said this agreement is between human beings, who have a <br /> tendency to disagree. He said he sees a lot of things that he cannot identify, which may cause <br /> disagreement, and one is that the parties did not want to negotiate the clause from the April <br /> 20th meeting. He said the BOCC has a fiduciary responsibility to every resident of Orange <br /> County. He said he does not have a clue as to what may or may not cause a disagreement, <br /> but without the language that he read before the County is at a disadvantage. He said he is <br /> open to mediation, but not arbitration, as arbitration does not allow for an exit strategy. <br /> Commissioner Jacobs said the agreement calls for mediation before arbitration. <br /> Commissioner Rich called the question. <br /> VOTE: Ayes, 2 (Commissioner McKee and Commissioner Price); Nays, 5 (Chair Dorosin, <br /> Commissioner Rich, Commissioner Jacobs, Commissioner Marcoplos, Commissioner <br /> Burroughs) <br /> Motion failed. <br /> A motion was made by Commissioner McKee, seconded to Commissioner Price to <br /> reject the cost share agreement and the plan associated with it. <br /> VOTE: Ayes, 2 (Commissioner McKee and Commissioner Price); Nays, 5 (Chair Dorosin, <br /> Commissioner Rich, Commissioner Jacobs, Commissioner Marcoplos, Commissioner <br /> Burroughs) <br /> Motion failed. <br /> A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to <br /> approve and authorize the Chair to sign the Durham-Orange Light Rail Cost Share Agreement <br /> (Attachment A). <br /> Chair Dorosin said there is a meeting and confer clause in the agreement, as well as <br /> the creation of an administrative position that will provide oversight and regular updates of the <br /> plan, which will allow the BOCC to know before a material change is triggered. He said all <br /> involved have worked very hard on this plan, and the best interest of the County has been at <br /> the forefront. He commended the Durham BOCC, and said this is a good agreement. He said <br /> this is a big project, and as such it was right to scrutinize it carefully. He said the County is at a <br /> juncture of regional growth, and bold action is required. <br />