Orange County Board of Commissioners

Meeting Agenda
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Regular Meeting
Thursday, May 1, 2008
7:30 p.m. 
F. Gordon Battle Courtroom 
106 E. Margaret Lane, Hillsborough, 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 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.  

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


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.

2.  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

b.         Matters on the Printed Agenda

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

3.  Proclamations/ Resolutions/ Special Presentations

a.      National Historic Preservation Month

The Board will consider proclaiming May 2008 as National Historic Preservation Month in Orange County and authorize the Chair to sign the proclamation.

b.      National Tourism Week

The Board will consider proclaiming the week of May 10 through 18, 2008 as National Tourism Week in Orange County and authorize the Chair to sign the proclamation. 

c.      Resolution of Appreciation for Volunteers Serving on County Advisory Boards and Commissions

The Board will consider a resolution of appreciation for the volunteers who serve on County advisory boards and commissions and authorize the Chair to sign. 

d.      Presentation - New Hope Preserve

The Board will receive a special presentation of artwork displayed at a recent Durham County celebration of the acquisition of property for the New Hope Preserve. 

e.      Rogers Road Community Enhancement Task Force - Recommendations


4.  Consent Agenda

a.      Minutes

The Board will consider correcting and/or approving the minutes from the April 1 reconvened Quarterly Public Hearing and the April 1, 2008 Regular Meeting as submitted by the Clerk to the Board. 

b.      Appointments

(1)   Chapel Hill Planning Board - Reappointment

The Board will consider making a reappointment to the Chapel Hill Planning Board. 

(2)   Hillsborough Planning Board - Reappointment

The Board will consider making a reappointment to the Hillsborough Planning Board. 

c.       Child Support Attorney Contract Renewal

The Board will consider renewing a contract with Coleman, Gledhill, Hargrave and Peek to provide legal representation for the Child Support Office and authorize the Chair to sign. 

d.      Housing Bond Program - Habitat for Humanity

The Board will consider awarding housing bond funds in the amount of $362,000 to Habitat for Humanity to purchase land in the Northern Fairview community in Hillsborough and to provide nine deferred second mortgages to first-time homebuyers in this community and authorize the Manager, in consultation with the County Attorney to enter into an agreement. 

e.      Housing Bond Program - Orange Community Housing and Land Trust

The Board will consider awarding housing bond funds in the amount of $100,000 to Orange Community Housing and Land Trust to purchase a dwelling and lot on Milton Avenue in Chapel Hill and authorize the Manager, in consultation with the County Attorney to enter into an agreement. 

f.        Consolidated Housing Plan Annual Update/HOME Program

The Board will consider adopting a resolution approving the 2008 Consolidated Housing Plan Annual Update and the proposed HOME Program Activities for 2008-2009 and to authorize the Manager to implement the HOME Program as approved by the BOCC including the ability to execute agreements with partnering non-profit organizations after consultation with the County Attorney. 

g.      Approval of Fiscal Year 2008-09 County Civil Penalty, Fee and Occupancy Tax Changes

The Board will consider approving proposed 2008-09 civil penalty, fee and occupancy tax changes and direct staff to begin public outreach campaigns to notify the public of the increases during May and June 2008. 

h.      Approval of Fiscal Year 2008-09 School and County Capital Project Ordinances


1- Summary of 2008-18 Capital Investment Plan (CIP) Items for Further Discussion

2- Summary - Funded Capital Needs

3- Fiscal Year 2008-09 County Technology Projects

4- Capital Project Ordinances for Fiscal Year 2008-09

    a- County Projects   b- Orange County Schools Projects   c- Chapel Hill/Carrboro City Schools Projects

5- Summary - Unfunded Capital Needs

6- April 16,2008 Memorandum from Chapel Hill/Carrboro City Schools Regarding Elementary #11


i.        Proposed Grant Application for Smart Growth Implementation Assistance

The Board will consider submitting an application to the Development, Community, and Environment Division in the U.S. EPA's Office of Policy Economics and Innovation for implementation assistance related to smart growth in the Efland area and authorize the Chair to sign prior the May 8, 2008 deadline. 

j.        Legal Advertisement for Quarterly Public Hearing - May 19, 2008

The Board will consider the legal advertisement for items to be presented at the Board of County Commissioners/Planning Board Quarterly Public Hearing scheduled for May 19, 2008. 

k.      Schools Adequate Public Facilities Ordinance (SAPFO) - Review of Annual Technical Advisory Committee Report

The Board will receive for review the 2008 Annual Report of the SAPFO Technical Advisory Committee and refer it to the SAPFO partners for comments before certification in June. 

l.        Swallow's Ridge - Preliminary Plan

The Board will receive a recreation trail map from the developer concerning the Preliminary Plan for Swallow's Ridge and consider a decision on subdivision application. 

5.  Public Hearings

a.      Authorization of Northern Buckhorn Community/Central Efland Sewer Expansion Project and Conclusion of the Public Hearing for Preliminary Engineer's Report

The Board will completing the EPA-required (for State and Tribal Assistance Grant funded projects) public hearing on the proposed project's preliminary Engineer's Report; to approve the project scope; and to address the project's projected shortfall in existing bond and grant funds. 

6.  Regular Agenda

a.      Summer Day Camp Proposal

The Board will consider appropriating $10,000 from the Department of Social Service Childcare Program to fund sponsorships for certain summer day camp programs in lieu of continuing the County's summer day camp program. 

b.      Naming of County Owned Buildings and Facilities Policy

The Board will consider reviewing and discussing the Naming of County Owned Buildings and Facilities Policy originally adopted by the BOCC on February 21, 1989 and revised on November 9, 2005, and provide feedback to staff on any proposed changes. 

7.  Reports

8.  Board Comments (Three Minute Limit Per Commissioner)

9.  County Manager's Report

10.  Appointments

a.      Chapel Hill Planning Board - New Appointment

The Board will consider making a new appointment to the Chapel Hill Planning Board. 

b.      Information Technology Advisory Committee - New Appointments

The Board will consider making three new appointments to the Information Technology Advisory Committee. 

c.       Workforce Development Board-Regional Partnership - New Appointment

The Board will consider making a new appointment to the Workforce Development Board-Regional Partnership

11.  Information Items

        Memorandum from Animal Services Director Regarding Nuisance Ordinance - Animal Noises

        Memorandum from Commission for the Environment Regarding City of Burlington Biosolids Permit Renewal

12.  Closed Session

13.  Adjournment

Orange County water supply reservoir water levels

Available information as of 1:00 PM, Thursday, April 24, 2008 


Lake Orange

  • Water level remains at full, spilling slightly.  The Eno Capacity Use restrictions have been in abeyance since midnight April 6th.
  • Water storage capacity is at 100% (475 million gallons)
  • Approximately 141 days of water supply remaining (at Capacity Use specified release rate).    In accordance with provisions of the County's Water Conservation Ordinance and light of the increased water level in Lake Orange, the BOCC may elect to curtail the County's Water Conservation Ordinance Stage I Voluntary provisions for individual water users, or, given the ongoing drought, may also elect to keep Water Conservation Ordinance voluntary provisions in force.
  • The Hillsborough gage indicates that the latest Eno River flows are at approximately 16 cfs (approximately 10.4 mgd).  This flow represents a level that is much lower than the historical median flow levels (60 cfs) for this time of year.
  • Orange Alamance continues to operate its water plant with average withdrawals of 300,000 gallons per day, each Monday, Tuesday and Wednesday.

West Fork Reservoir  (as of 4/18/2008 [last available update])

  • Water level is 17" below spilling
  • Water storage capacity remaining is 94.9%  
  • Approximately 374 days of water supply remaining (assuming Town's current release rate (2.2 cfs, 1. 42 mgd). 
  • The Town is currently releasing its minimum required instream flow release (2.2 cfs).
  • The Hillsborough Town Board lifted voluntary water use restrictions on Monday, April 14, 2008. 

OWASA Reservoirs

  • Water level at Cane Creek Reservoir is 6'-11" below full
  • Water level at University Lake is 0' - 1.5" below full
  • Total remaining water storage capacity is approximately 72.4 %
  • Approximately 440 days of water supply remain (at the current 30-day average daily demand [6.4 million gallons per day])
  • At the OWASA Board of Directors meeting on April 10, 2008, the OWASA Board declared a Stage One Water Shortage effective April 11, 2008 (rescinding the February 28th Stage Three declaration).

National Weather Service/NOAA Regional Precipitation data (through 4/23/2008)

(inches above [+] or below [-] normal)

               RDU                                                            Piedmont-Triad 

                                 -0.05" since April 1, 2008                           +1.28" since April1, 2008

                                 -8.86" since January 1, 2007                       -12.97" since January 1, 2007

                                 -1.62" since January 1, 2008                      -1.30" since January 1, 2008


                               Miscellaneous notes

The NC Drought Management Advisory Council drought map, last updated April 22, 2008, indicates that the northern 2/3's of Orange County lies within the area characterized as experiencing "moderate drought" (the second severity level of their rating system), while the southern 1/3 of the County remains in the area characterized as experiencing "severe drought" (the third severity level of their rating system).