Agenda - 05-16-2017 - 8-a - Minutes

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7 1 number of stations and the least economic advantage. He said this plan had to work for both 2 counties and GoTriangle. 3 Commissioner Jacobs said he thinks the plan is now in a good place, and the BOCC 4 has tried to protect Orange County's financial interest. He said two other items were promised 5 to the voters in 2012, with the first being the Hillsborough train station, which is still intact and 6 will be the first thing that Orange County will see as part of this project. 7 Commissioner Jacobs said the County must fund buses as much as possible, as bus 8 service was the second item promised in 2012. He said there is some indication that other 9 monies can be found within the new executive transportation administration of the state. 10 Commissioner Jacobs said there is a basic principle here, that this community is larger 11 than just Orange County, and there is something to be said in being able to work with one's 12 neighbors towards the greater common good, and this project is a way to do that. He said not 13 all decisions are clear-cut, but the world requires little leaps of faith at certain times. He said if 14 Orange County is fiscally protected, he is willing to take a leap of faith. 15 Commissioner Jacobs thanked Chair Dorosin for his work on the negotiations, as well 16 as Commissioner Wendy Jacobs and Ellen Reckhow from Durham County. He said he trusts 17 that if concerns arise, the County's partners will work through them, and he hoped the County 18 could build the same level of trust with GoTriangle. He thanked Orange County staff, especially 19 Travis Myren, GoTriangle staff, and John Roberts. 20 21 A motion was made by Commissioner McKee, seconded by Commissioner Price to 22 delay a decision until further negotiations can occur between Orange County, Durham County 23 and GoTriangle; to replace the language contained in item #15 of the current Cost Share 24 Agreement pertaining to mediation and arbitration, and replace it with language used in the 25 Cost Share Agreement seen on April 20th 26 27 Commissioner McKee said GoTriangle needed a decision by April 30th not April 27th. He 28 said he is convinced, that without this language change in Item 15, the BOCC will be severely 29 limited in controlling its own destiny. He said the language contained in item #15 speaks to 30 arbitration, which leads to a panel making the decisions, not the BOCC. He said the language 31 from the April 20th iteration of the Cost Sharing Agreement allows for good faith efforts to reach 32 an agreement about cost overruns, or undesignated funding shortfalls, and allows either BOCC 33 to vote to withdraw from the agreement, and amend its transit plan accordingly. 34 Commissioner McKee said he prefers this language as it does not allow for easy or 35 immediate withdrawal, but allows an option for withdrawal. He said the language proposed this 36 evening does not allow for consensus, because Durham County and GoTriangle refuse to 37 discuss making this linguistic change. He said item #15 may be used in business or other 38 scenarios, but he feels that Orange County must have a way to maintain control over its own 39 destiny. 40 Commissioner Jacobs said he had some of the same concerns as Commissioner 41 McKee about protecting Orange County's interest, and he called Durham County out on it 42 yesterday. He said Orange County's concerns about protecting its own interests were 43 mischaracterized as unilateral withdrawal, which was never the intent. He said he spoke with 44 GoTriangle staff and two Durham County Commissioners, and he feels confident that if all 45 partners are acting in good faith, then progress can continue. He said Durham County has 46 acted this way thus far, and he decided to stand down on opposing the language. He said he 47 never expects to get to the point of the situation described in #15. 48 Chair Dorosin said the language in #15 needs to be taken in context with the previous 49 paragraphs, which he read. He said the important parts are the meetings and conferring 50 meetings, which insure there is a process in place, with many opportunities for discussion and