Orange County Board of Commissioners

Meeting Agenda
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Regular Meeting
Tuesday, June 21, 2011
7:00 p.m. 
Southern Human Services Center
2501 Homestead Rd, Chapel Hill, NC
   

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 upon request.  Call the County Clerk’s office at (919) 245-2130.  If you are disabled and need assistance with reasonable accommodations, contact the ADA Coordinator in the County Manager's Office at (919) 245-2300 or TDD# 644-3045.  

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

 

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.  All electronic devices such as cell phones, pagers, and computers should please be turned off or set to silent/vibrate.

 

  1.  Public Comments

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

a.         Matters not on the Printed Agenda (THREE MINUTE LIMIT PER SPEAKER – Written comments may be submitted to the Clerk to the Board.)

Petitions/Resolutions/Proclamations and other similar requests submitted by the public will not be acted upon by the Board of Commissioners at the time presented.  All such requests will be referred for Chair/Vice Chair/Manager review and for recommendations to the full Board at a later date regarding a) consideration of the request at a future regular Board meeting; or b) receipt of the request as information only.  Submittal of information to the Board or receipt of information by the Board does not constitute approval, endorsement, or consent.

b.         Matters on the Printed Agenda

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

  1.  Petitions by Board Members (Three Minute Limit Per Commissioner)
  1.  Proclamations/ Resolutions/ Special Presentations
  1.  Consent Agenda

a.      Minutes

The Board will consider correcting and/or approving the minutes from April 19 and 26, 2011 as submitted by the Clerk to the Board.

b.      Appointments – None

c.       Motor Vehicle Property Tax Release/Refunds

The Board will consider adoption of a refund resolution related to 31 requests for motor vehicle property tax releases or refunds in accordance with NCGS. 

d.      Property Tax Releases and/or Refunds

The Board will consider adoption of a resolution to release property values related to twenty-two (22) requests for property tax release and/or refund in accordance with North Carolina General Statute 105-381. 

e.       Amendment to the Orange County Personnel Ordinance, Article II to Add Provisions for Disability and Reasonable Accommodation

The Board will consider approving the addition of Article II, Sections 1.5 and 1.6 and Section 3.0 Disability and Reasonable Accommodation to the Orange County Personnel Ordinance to formally adopt a policy in compliance with federal and state laws and regulations governing disability discrimination. 

f.       Employee Cellular Device Policy

The Board will consider approving an Employee Cellular Device Policy for the reimbursement of business use of employees cellular devices. 

g.      Orange County ABC Board Travel Policy

The Board will consider approving the Orange County Alcoholic Beverage Control (ABC) Board adoption and use of Orange County’s travel policy. 

h.      Agreements Between Chapel Hill Carrboro City Schools, Orange County Schools, and Health Department for School Nurses

The Board will consider approving the renewal agreements between Chapel Hill Carrboro City Schools, Orange County Schools and the Health Department for nine school nurses and authorize the Chair to sign. 

i.        Orange County Landfill Engineering Services Agreement

The Board will consider approving an agreement for general engineering and environmental services for the Solid Waste Department with Clough Harbour and Associates (previously Olver, Incorporated) for professional engineering services for three additional years through June 30, 2014 and authorize the Manager to sign. 

j.        Approval of Food and Organic Waste Collection and Composting Agreement

The Board will consider approving an agreement that enables the County Solid Waste Management Department to provide collection for separated food waste and organic material to commercial and institutional establishments throughout Orange County and authorize the Chair to sign. 

k.      County Provision of Recycling Service for Chapel Hill-Carrboro City Schools Facilities

The Board will consider entering into a Memorandum of Understanding with the Chapel Hill-Carrboro City School System to provide recycling collection services to Chapel Hill-Carrboro City Schools and other school system facilities and authorize the Manager to sign. 

l.        Resolution of Approval – Conservation Easement for Breeze Farm (Phase 2)

The Board will consider a resolution to approve the purchase of and acceptance by Orange County of an agricultural conservation easement for the Breeze farm and authorize the Chair and Clerk to sign pending final review by staff and the County Attorney. 

m.    Central Efland – Phase 2/Northern Buckhorn Easement Approvals

The Board will consider approval of the private easement agreements required to construct and maintain the Central Efland and Northern Buckhorn sewer extensions and authorize the Chair to sign. 

n.      Central Efland – Phase 2/Northern Buckhorn State Revolving Fund Loan Offer Approval

The Board will consider approval of the State Revolving Fund loan offer from the Local Government Commission for the purpose of constructing the Central Efland and Northern Buckhorn sewer extensions and authorize the Chair to sign. 

o.      County Manager Authority for Efland-Buckhorn Sewer Capital Project Items

The Board will consider authorizing the County Manager to execute necessary documents for pre-construction activities necessary for the Efland-Buckhorn Sewer Capital Project subject to County Attorney approval. 

p.      August 22, 2011 Quarterly Public Hearing Legal Advertisement Process

The Board will consider approving allowing staff to work with the Chair / Vice-Chair / Manager over the summer break on the August 22, 2011 joint BOCC/Planning Board Quarterly Public Hearing legal advertisement. 

q.      Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Schedule for August Joint Quarterly Public Hearing and Regular Meeting Items

The Board will consider approving the process components and schedule for three government-initiated items currently scheduled to be heard at the August 22, 2011 Quarterly Public Hearing and one item currently scheduled for the August 23, 2011 BOCC regular meeting. 

r.       Contract between the Rural Advancement Foundation International - USA and Orange County for Growing New Farmers for the Piedmont Grant for the PLANT @ Breeze Farm Enterprise Incubator

The Board will consider approving a contract and accept a $30,000 grant from the Rural Advancement Foundation International – USA and Orange County for a 2011 Tobacco Communities Reinvestment Fund Grant for the PLANT @ Breeze Farm Enterprise Incubator at the WC Breeze Family Farm Extension & Research Center. 

s.       Status Update for Orange County Small Business Loan Program Company Including Updates to ‘Operating Policies and Procedures’

The Board will receive a status update on recent activities of the Orange County Small Business Loan Program Company and to approve and to consider approving updates to the “Operating Policies and Procedures as endorsed by the acting Board of Directors of the Loan Program. 

t.        Potential Expansion of Foreign Trade Zone #93

The Board will consider information on plans by the Triangle J Council of Governments to apply for the expansion of Foreign Trade Zone #93 that could potentially benefit economic development activities in Orange County; and to authorize the Chair to submit a letter of support. 

u.      Reconfiguration of Advisory Board to Orange County Economic Development

The Board will consider recognizing the contributions of those individuals having served in a past capacity as a member of the advisory group to the Orange County Economic Development Commission and to approve a resolution to dissolve the Economic Development Commission as currently constituted. 

v.      Community HOME Trust – Request to Increase Income Requirements

The Board will consider supporting a request by the Community HOME Trust to increase the target population of those served by its programs form 80% of area median income to 115% of area median income. 

w.    Fiscal Year 2010-11 Budget Amendment #11

The Board will consider approving budget and capital project ordinance amendments for fiscal year 2010-11. 

x.      2010-11 County Employee Performance Award

The Board will consider approval of a “non-recurring” one-time performance award for qualifying County employees. 

y.      Changes in BOCC Regular Meeting Schedule for 2011

The Board will consider one change in the County commissioners’ regular meeting calendar for year 2011, changing the location of the September 13, 2011 meeting to the DSS office in Hillsborough. 

z.       Resolution Opposing House Bill 111 Regarding Carrying Concealed Weapons in Parks

The Board will consider approving a resolution opposing House Bill 111 being considered in the North Carolina General Assembly which would allow persons with concealed carry permits to carry concealed weapons in parks and authorize the Chair to sign. 

aa.  Resolution Opposing House Bill 910 Regarding the Prohibition on Local Governments from Providing Abortion Coverage to Employees

The Board will consider approving a resolution opposing House Bill 910 being considered in the North Carolina General Assembly which restricts the types of health care coverage that may be offered to local government employees and authorize the Chair to sign. 

bb. Intergovernmental Agreements

The Board will consider authorizing the Manager to approve various intergovernmental agreements. 

cc. Approval of Duke Energy Right of Way at Orange County South Landfill

 

  1.  Items Removed From Consent Agenda
  1.  Public Hearings

a.      2030 Comprehensive Plan Text Amendment (CP-2011-4)

The Board will receive the Planning Board’s recommendation, close the public hearing, and make a decision on a County-initiated text amendment to the 2030 Comprehensive Plan regarding the Commercial-Industrial Transition Activity Node definition. 

b.      2030 Comprehensive Plan Map Amendment (CP-2011-01) Area A

The Board will receive the Planning Board’s recommendation, close the public hearing, and make a decision on a County-initiated amendment to the 2030 Comprehensive Plan Land Use Element Map affecting 423-acres bounded by Ben Wilson Rd., Bowman Rd., Wet Ten Rd., and Interstate 85/40, which is also adjacent to the City of Mebane. 

c.       2030 Comprehensive Plan Map Amendments (CP-2011-02 and CP-2011-03) Areas B and C

The Board will receive the Planning Board’s recommendation, close the public hearing, and make a decision on County-initiated amendments to the 2030 Comprehensive Plan Land Use Element Map affecting approximately 118-acres along the general corridor of Interstates 85/40. 

d.      Amendments to Unified Development Ordinance (UDO) - Office / Institutional (O/I) Zoning District and Other Related Sections

The Board will receive the Planning board recommendation, close the public hearing, and make a decision on Planning Director-initiated amendments to certain sections of the UDO related to the Office/Institutional zoning district. 

e.       Zoning Atlas Amendment – Efland Area

The Board will receive the Planning Board’s recommendation, close the public hearing, and make a decision on a County-initiated rezoning of 112.35 acres of undeveloped land in the Efland area. 

  1.  Regular Agenda

a.      Approve the FY2011-16 Orange County Capital Investment Plan

The Board will consider approving the FY2011-16 Orange County Capital Investment Plan. 

b.      Approval of Fiscal Year 2011-12 Budget Ordinance, FY 2011-12 County Capital and Grant Project Funding, and County Fee Schedule

The Board will consider approving the FY 2011-12 Budget Ordinance, FY 2011-12 County Capital and Grant Project funding, and the County Fee Schedule. 

c.       Approval of Fiscal Year 2011-12 Personnel Ordinance Changes

The Board will consider approving amendments to the Orange County Personnel Ordinance Article V, Section 19.0, Living Wage and Article IV, Section 24.0, Furlough. 

d.      Resolution Regarding Orange County’s FY-2011-12 Funding to Support the Town of Chapel Hill Library

The Board will consider a Resolution Regarding Orange County’s FY 2011-12 Funding to Support the Town of Chapel Hill Library. 

e.       Purchase & Sale Agreement – Southwest Library Site, 210 Hillsborough Road

The Board will consider purchasing the parcel located at 210 Hillsborough Road, Carrboro, and authorize the Manager to execute all necessary documents to close the purchase, contingent upon final review and acceptance of the Title Opinion by the County Attorney. 

f.       Resolution to Further Clarify the Intent of the Orange County Board of Commissioners Regarding the Uses of Funds Generated by the Article 46 One-Quarter (¼) Cent Optional Sales and Use Tax if Approved by Voters in November 2011

The Board will consider a resolution to more clearly and firmly establish a commitment by the Board of County Commissioners to authorize the use of funding generated by the Article 46 one-quarter cent optional sales and use tax if approved by voters and authorize the Chair to sign. 

g.      Information Regarding One-Half (½)Cent Sales Tax for Orange County Transit

The Board will receive information and gather comment regarding the Orange County Bus and Rail Investment Plan draft associated with the Triangle Regional Transit Plan (1/2 cent sales tax). 

  1.  Reports
  1.  County Manager’s Report
  1.  County Attorney’s Report
  1.  Appointments

a.      Durham Technical Community College (DTCC) – Trustee Appointments

The Board will consider a second term appointment to the Durham Technical Community College Board of Trustees. 

b.     Orange Unified Transportation Board – Appointment

The Board will consider making an appointment to the Orange Unified Transportation Board. 

c.      Orange-Person-Chatham Area Programs Board – Appointment

The Board will consider making an appointment to Orange-Person-Chatham Area Programs Board. 

  1.  Board Comments (Three Minute Time Limit Per Commissioner)
  1.  Information Items

·         2011 Annual Observation Well Network Report

·         June 7, 2011 BOCC Meeting Follow-up Actions List

·         Chair/Vice Chair/Manager BOCC Meeting Follow-up Action Items Update

  1.  Closed Session
  1.  Adjournment

 A summary of the Board’s actions from this meeting will be available on the County’s website the day after the meeting.