Regular Meeting
Tuesday, October 21, 2003
7:30 p.m.
Southern Human Services Center
2501 Homestead Road
Chapel Hill, NC  27514     

Note: Background Material on all abstracts available in the Clerk's Office

COMPLIANCE WITH THE "AMERICANS WITH DISABILITIES ACT" - interpreter services and/or special sound equipment are available with prior notice.  If you need this assistance, call the County Clerk's office at 732-8181, ext. 2130.  If you are disabled and need assistance, contact the ADA Coordinator at extension 2300 or TDD# 644-3045.

ESTIMATED TIMES LISTED AFTER EACH ITEM - these are approximate times.  Citizens are encouraged to be at the meeting at the starting time.  The Board usually considers items in the order listed and proceeds at a steady pace.  As a courtesy to others, speakers are asked to limit their comments to three minutes.

BACKGROUND INFORMATION ON AGENDA ITEMS - is available in the Clerk's office and complete copies of agenda material are located at the Orange County Library in Hillsborough and the Chapel Hill Library in Chapel Hill.

1.            ADDITIONS OR CHANGES TO THE AGENDA (7:30-7:35)

PUBLIC CHARGE

The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens.  At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed.

2.            PUBLIC COMMENTS (7:35-7:45)

(We would appreciate you signing the pad ahead of time so that you are not overlooked.)

a.         Matters not on the Printed Agenda

b.         Matters on the Printed Agenda

(These matters will be considered when the Board addresses that item on the agenda below.)

3.            Board Comments (7:45-8:00)

4.            County Manager's Report (8:00-8:05)

5.            Resolutions or Proclamations (8:05-8:25)

a.      Proclamation to Mark the 40^th Anniversary of the Inter-Faith Council for Social Service (IFC)

The Board will consider a proclamation recognizing the Inter-Faith Council for Social Service  (IFC) as it prepares to celebrate its 40^th anniversary of helping to provide a "safety net" for people in need throughout the greater Chapel Hill and Carrboro community, and declare October 2003 as "IFC Month", and authorize the Chair to sign. 

b.      Resolutions Endorsing Orange County Transportation Priority List for 2006-2012 TIP

The Board will consider endorsing a list of priority transportation projects in Orange County for the North Carolina Department of Transportation (NCDOT) 2006-2012 Transportation Improvement Program (TIP) and for the Durham-Chapel Hill-Carrboro Metropolitan TIP (MTIP) and adopt the resolutions endorsing the desired alternatives. 

6.            Special Presentations (8:25-8:40)

a.      Certificate of Achievement For Excellence in Financial Reporting

The Board will recognize the staff of the Orange County Finance Department for earning the Government Finance Officers' Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting.

b.      One Community Project

The Board will receive information on the "One Community Project", a project of the Orange County Human Rights Commission, and to promote and encourage widespread community interest and involvement

7.            Public Hearings

8.            Items for Decision--Consent Agenda (8:40-8:50)

a.      Minutes

The Board will consider correcting and/or approving the minutes as submitted by the Clerk to the Board as listed below:

                        June 23, 2003                      BOCC Budget Work Session

                        June 26, 2003                      BOCC Regular Meeting

                        September 15, 2003            BOCC Work Session

b.      Appointments - None

c.       Motor Vehicle Property Tax Refunds

The Board will consider adoption of a refund resolution related to 59 requests for motor vehicle property tax refunds. 

d.      Board of Commissioners Meeting Calendar for Year 2004

The Board will consider final approval of the regular meeting schedule for the Board of County Commissioners for calendar year 2004. 

e.      Lease Renewal: Driver License Office at Carrboro Plaza

The Board will consider approving a lease renewal for space used by the NC Division of Motor Vehicles (DMV) for a Driver License office at Carrboro Plaza contingent upon execution of the Memorandum of Understanding by DMV; and authorize the Chair to sign the lease on behalf of the Board; and authorize the Manager to sign the Memorandum of Understanding between the County and DMV. 

f.        Bid Award: Furnish and Install Rubber Floor Tile at Whitted Building

The Board will consider awarding a bid to Floor Masters, Inc. to furnish and install approximately 12,103 square feet of rubber floor tile, 4,789 linear feet of rubber cove base, and 88-rubber stair treads in conjunction with the Richard E. Whitted Human Services "A" building renovations; and authorize the Purchasing Director to execute the necessary paperwork. 

g.      Non-Emergency Private Ambulance Franchise Application

The Board will consider awarding a non-exclusive franchise to provide non-emergency ambulance transportation services to NEMTA, Incorporated of Chapel Hill, North Carolina (NEMTA is the incorporated name of Non-Emergency Medical Transit Authority of the Carolinas, a new corporation based in Chapel Hill).

h.      Petition for Addition of Glenn Street to the State Maintenance Program

The Board will consider a petition to add Glenn Street to the State-maintained Secondary Road System. 

i.        Re-authorization of County Participation in the Triangle Area Water Supply Monitoring Project

The Board will consider approval and ratification of a resolution that both amends the interlocal agreement governing the Triangle Water Supply Monitoring Project and re-authorize continuing County participation in the project and authorize the Manager to execute the interlocal agreement for the next four years. 

j.        Budget Amendment #4

The Board will consider approving budget ordinance and capital project ordinance amendments for fiscal year 2003-04. 

k.      Confirmation of Funding Commitments for Homestead Aquatics Center and Southern Community Park Projects

The Board will consider approving two resolutions that would confirm the remaining amounts pledged by the Orange County Board of Commissioners for the Homestead Aquatics Center and Southern Community Park projects. 

l.        Piedmont Wildlife Rehabilitation Center - Follow Up to Budget Decision

The Board will consider moving forward with the release of $20,000 that was paced in reserve in the current budget as a contribution to the Piedmont Wildlife Rehabilitation Center as a contribution towards the Center's operation in Orange County. 

9.            Items for Decision--Regular Agenda

a.      Possible Options for the Future Operation of the Orange County Animal Shelter (8:50-9:15)

The Board will consider information and possible options for the interim operation of the Animal Shelter while transition to a longer-term governance structure is considered and implemented. 

Recommendations:

1. Deny the APS request for additional monthly funding in the amount of $10,636 through January 31, 2004 because:

a)      The line item approach for funding the APS is requesting is different from established practice with other non-profit partners

b)     A significant portion of the increase relates to personnel decisions made solely by the APS Board 

2.      Consider the analysis for additional funding and approval of additional funding in the amount of $4,229 to the APS on a monthly basis for December 2003 - January 2004, because it relates most directly to the desired operation of the Shelter as described by HSUS in their report. 

3.      Should the Board decide to grant an increase in monthly funding to APS - as referenced above - the Manager recommends that the increase be effective October 1, 2003.

4.      Direct the County Manager to convey the Board's decision on additional funding to the APS and request formal written response no later than November 5, 2003. 

5.      Approve the key components of the Request for Proposal, for Interim Animal Shelter Management and Operation Services (Identified as 1-7 on page 3), with any modifications or alterations as may be desired.

6.      Provide further direction to the County Manager at the Board meeting on November 18. 

b.      Orange Community Housing and Land Trust - Consideration of Mission, Guiding Principles and Goals (9:15-9:35)

The Board will receive an update from Orange Community Housing and Land Trust (OCHLT) on its plans, progress, and activities, and to consider formally endorsing its "Mission Statement, Guiding Principles, and Organizational Goals".

c.       Growth Management System - Amendments to Zoning and Subdivision Ordinances (9:35-9:55)

The Board will consider closing the Public Hearing and making a decision on the proposed Growth Management Amendments to the County's Zoning and Subdivision Ordinances, a proposal which would require major subdivisions of property to follow either the current process, a Planned Development process, or a Class A Special Use Permit process depending upon location, (which is a product of transition areas and water and sewer availability) and number of lots.

Recommendations:

Planning Board - The Planning Board, by majority vote (8-1, Se Draft Minutes, Attachment 8) on September 3, 2003, recommended that the Board of County Commissioners (BOCC) approve the proposed Growth Management System amendments with the following specifications:

1. The use of the attached map (Option 1 presented at the August 25^th Joint Public Hearing) for designating Urban and Rural areas; and
2. In the Rural Designation area, a Planned Development zoning amendment requirement for all subdivisions containing 20 or more lots (versus greater than 40 lots as proposed by the Administration).

Administration - The Administration recommends the BOCC approve the proposed Growth Management System amendments with the following specifications:

a.       The use of the attached Growth Management System Map (Option 1 presented at the August 25^th Joint Public Hearing) for designation "Urban and Rural Designated" areas; and

b.      In the Rural Designation area, a Planned Development zoning amendment requirement for all subdivisions containing greater than 40 lots. 

The legal advertisement (Attachment 9) for the August 25, 2003 Joint Public Hearing does not support, from a legal notification standpoint, the Planning Board's recommendation stated above in Planning Board, Part "b".

Therefore, should the BOCC choose to consider the Growth Management System, including the Planning Board's recommendation, it is suggested that the BOCC approve and adopt the amendments as noted in "Administration" above and then direct Staff to proceed towards the new lot number threshold  (41 lots to 21 lots) through a new legal ad process and a November 2003 Public Hearing. 

d.      Appointments  (9:55-10:05)

(1)        Human Relations Commission

The Board will consider an appointment to the Human Relations Commission (HRC) to Position #10, resident within Chapel Hill City Limits, for a term to expire June 30, 2004. 

(2)        Orange County Planning Board

The Board will consider appointments to the Orange County Planning Board for Position No. 3 - Cheeks Township, full term to expire March 31, 2006 and Position No. 9 - Eno Township, unexpired term to expire March 31, 2005. 

(3)        Orange Community Housing and Land Trust (OCHLT) Board of Directors

The Board will consider an appointment to the Orange Community Housing and Land Trust (OCHLT).

10.            Reports (10:05-10:20)

a.      Upper Neuse River Basin Association's (UNRBA) Upper Neuse Watershed Management Plan

The Board will receive a report from Mr. Chris Dreps of the Upper Neuse River Basin Association (UNRBA) on the Upper Neuse Watershed Management Plan and the recommendations for the portion of Orange County that lies within the Neuse River Basin.

11.            Closed Session

12.            Adjournment