Orange County Board of Commissioners

Meeting Agenda
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Regular Meeting
Tuesday, August 19, 2008
7:30 p.m. 
F. Gordon Battle Courtroom 
106 E. Margaret Ln., 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

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.

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.      Tax Collector’s Annual Settlement

The Board will consider receiving the tax collector’s annual settlement on current and delinquent taxes and approve and accept it as reported. 

b.      Recognition of Revenue Staff and Appointment of Three (3) Deputy Tax Collectors

The Board will consider acknowledging the continued endeavors of the Revenue staff evident by the outstanding collection rates achieved and consider appointment of Linda Strickland-Jaubert, Valerie Curry and Bobbie Underwood as Deputy Tax Collectors for a period of one year, effective July 1, 2008. 

c.       Orange County Health Department Accreditation

The Board will consider recognizing the Orange county Health Department for achieving Accredited Status

d.      Jail Inspection Report

The Board will consider receiving the jail inspection report for July 11, 2008 from the North Carolina Department of Health and Human Services. 

4.  Consent Agenda

a.      Minutes

The Board will consider correcting and/or approving the minutes from April 15, 17, 22 and May 1 and 19, 2008 as submitted by the Clerk to the Board. 

b.      Appointments

1)      Board of Health – Reappointments

The Board will consider making reappointments to the Board of Health. 

2)      Human Relations Commission – Reappointments

The Board will consider making reappointments to the Human Relations Commission. 

3)      Personnel Hearing Board – Reappointment

The Board will consider making a reappointment to the Personnel Hearing Board. 

c.       Orange County Preparedness Month Proclamation

The Board will consider approving a proclamation designating September 2008 as Orange County Preparedness Month and authorize the Chair to sign. 

d.      Motor Vehicle Property Tax Release/Refunds for June 2008

The Board will consider adopting a refund resolution related to 14 requests for motor vehicle property tax releases or refunds for June 2008 in accordance with North Carolina General Statutes. 

e.      Motor Vehicle Property Tax Release/Refunds for July 2008

The Board will consider adopting a refund resolution related to 73 requests for motor vehicle property tax releases or refunds for July 2008 in accordance with North Carolina General Statutes. 

f.        Property Tax Refund

The Board will consider adoption of a refund resolution related to one (1) request for property tax refund in accordance with N.C. general Statute 105-381. 

g.      Property Tax Release

The Board will consider adoption of a resolution to release property values related to one (1) request for property tax release in accordance with N.C. General Statute 105-381. 

h.      Property Value Changes

The Board will consider approving value changes made in property values after the 2008 board of Equalization and Review had adjourned. 

i.        County Work First Designation and Establishment of Planning Committee

The Board will consider approving plans to continue operation a standard Work First program in Orange County and to appoint a committee to update the Work First Plan for 2009-2011. 

j.        New Fee for Adult Measles, Mumps, and Rubella Vaccination

The Board will consider approving a new fee of $55 for measles, mumps and rubella vaccination for adults and increase the Health Department budget to reflect the projected fees and expenses. 

k.      Continuation Grant Acceptance for Primary Care Services at SHSC Site of Health Department

The Board will consider accepting the continuation grant funds for primary care services at the Southern Human Services Center site of the Health Department for the period of July 1, 2008 through June 30, 2009. 

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

The Board will consider approving the contracts between Chapel Hill Carrboro city Schools, Orange County Schools and the Health Department for Schools Nurse funding and authorize the Chair to sign. 

m.    Agreement Renewal Between Health Department, the UNC School of Dentistry and UNC Hospitals for Dental Resident

The Board will consider renewing the agreement between the Health Department and the UNC School of Dentistry and UNC Hospitals for dental resident services, subject to final review by staff and the County Attorney. 

n.      Tax Abstract and Billing Contract

The Board will consider approving a contract for the continued production of Tax Abstracts and Tax Billings for a period of two years effective July 1, 2008 and authorize the Manager to sign upon final review by staff and the County Attorney. 

o.      Agreement Renewal with Respite Care Providers and the Department on Aging

The Board will consider authorization to renew agreements between respite care service providers and the Department on Aging and authorize the Manager to sign contingent upon final review by staff and the County Attorney. 

p.      Service Coordination Renewal Agreement with Manley Estates and the Department on Aging

The Board will consider authorization to renew the Agreement for the Department on Aging to provide on-site service coordination for the residents of the HUD 202 First Baptist and Manley Estates senior housing complex in Chapel Hill and authorize the Chair to sign contingent upon final review by staff and the County Attorney. 

q.      Continuation Agreement with the Town of Chapel Hill for Senior Recreation Services

The Board will consider approving a continuation agreement with the Town of Chapel Hill to provide funding in the amount of $46,700 for senior recreation programs on behalf of the Town’s Parks and Recreation Department and authorize the Manager to sign, subject to final review by staff and the County Attorney. 

r.       Gateway Center Custodial Contract

The Board will consider approving a contract with OE Enterprises for custodial services at the Gateway Center for September 1, 2008 through June 30, 2009, and authorize the Manager to sign. 

s.       Contract Renewal for Olver, Incorporated Engineering

The Board will consider renewing an agreement between the Solid Waste Department and Olver Incorporated for engineering and consulting services through June 30, 2011 and authorize the Chair to sign, subject to final review by staff and the County Attorney. 

t.        Proposed Contract with The Mercer Group, Inc., to Conduct an Executive Search for the County Attorney Position

 

u.      Bid Award: Hydraulic Excavator for Solid Waste

The Board will consider awarding a bid of $169.000 for a new hydraulic excavator for Solid Waste from Gregory Poole of Raleigh, N.C. and authorize the Purchasing Director to execute the necessary paperwork. 

v.      Change in BOCC Regular Meeting Schedule for 2008

The Board will consider changes in the County commissioners’ regular meeting calendar for the year 2008. 

w.     Housing Bond Program – Orange Community Housing and Land Trust

The Board will consider awarding housing bond funds in the amount of $200,000 to Orange Community Housing and Land Trust to provide subsidy to Land Trust homebuyers. 

x.      Housing Rehabilitation Contract Awards

The Board will consider awarding housing rehabilitation contracts for the Orange County CDBG Scattered Site Housing Rehabilitation Program. 

y.      Deferred Loan Request – Whitted Forest Apartments

The Board will consider approval of a two year deferral of principal and interest payments from the Whitted Forest LLC for the CDBG loan awarded to them for the Whitted Forest Apartments. 

z.       HOME Program – Loan Subordination Request

The Board will consider approval of a request from Freedom House Recovery Center, Inc. to subordinate a County Deed of Trust in the amount of $337,000 to a construction loan and corporate sewer easement and authorize the Chair to sign upon the review and approval of the County Attorney. 

aa.  RSVP-VITA Volunteer Income Tax Assistance Grant Program

The Board will consider authorizing the submittal of an application or IRS federal funding in the amount of $30,000 to support the VITA (Volunteer Income Tax Assistance) free tax service operated by the Department on Aging Retired & Senior Volunteer Program. 

bb.  Approval of State Employees Credit Union ATM at Justice Facility

The Board will consider allowing the installation of a State Employees Credit Union ATM at the expanded Justice Facility in Hillsborough; and authorizing the staff and County Attorney to prepare an appropriate agreement for the Chair to sign.

cc.   Eubanks Road Campus (Animal Services and Solid Waste Operations Center) Data Fiber Lease Agreement with Time Warner Cable

The Board will consider authorizing the Purchasing Director to execute a lease agreement for bandwidth from Time Warner Cable that will assure fiber data pathways to both the Animal Services Facility and the Solid Waste Operations Center, contingent on County Attorney review.   

dd.  Solid Waste Operations Facility Site Lighting Utilities Right of Way Agreement with Duke Energy

The Board will consider 1) Approving a Right of Way Agreement for the installation and maintenance of electrical site lighting utilities built to service the Orange County Solid Waste Operations Facility; and 2) Approving the Service Agreement between Duke Energy and Orange County for Lease Site Lighting for the Orange County Solid Waste Operations Facility, contingent on the review and approval of the County Attorney, and authorize the Chair to sign. 

ee.  Animal Services Facility – Second Amendment to Agreement for Construction Manager at Risk

The Board will consider approving a Second Amendment to the Agreement for Construction Manager at Risk; and authorizing the County Manager to execute future change orders. 

ff.     Northern Park:  Approval of Field Lighting Change Order

The Board will consider authorizing the County Manager to execute a change order in the amount of $128,600 for the field lighting to be installed at Northern Park. 

gg.  Sprinkler System Installation at Orange County Emergency Services Warehouse Area

The Board will consider approving a change order, not to exceed $85,750, to install a sprinkler system in the Orange County warehouse facility within the Emergency Services building at 510 Meadowlands Drive, and authorize the Manager to sign. 

hh.  Ratify Acquisition of Fitness Equipment for the SportsPlex

The Board will consider ratifying actions taken during the Board’s summer break to acquire fitness equipment for the SportsPlex. 

ii.      Ratification of Grants Submittals to Golden LEAF Foundation and North Carolina Tobacco Trust Fund for the Piedmont Value-Added Shared-Use Food & Agricultural Processing Center

The Board will consider ratifying the August 1, 2008 submissions of grant proposals to the Golden LEAF Foundation and the North Carolina Tobacco Trust Fund for implementation of the November 2007 feasibility report for the Piedmont Value-Added Shared-Use Food & Agricultural Processing Center. 

jj.      Ratification of Grant Submittal to Z. Smith Reynolds Foundation for the Farm Enterprise Incubator at the WC Breeze Family Farm Extension & Research Center

The Board will consider ratifying the August 15, 2008 submission of a grant proposal to Z. Smith Reynolds Foundation for the Farm Enterprise Incubator at the WC Breeze Family Farm Extension & Research Center. 

kk. Acceptance of 2008 Emergency Management Performance Grant (EMPG)

The Board will consider accepting the 2008 Emergency Management Performance Grant from the State Emergency Management Agency to help support the County emergency management program. 

ll.   Fiscal Year 2008-09 Budget Amendment #1

The Board will consider approving budget, capital and grant project ordinance amendments for fiscal year 2008-09. 

mm.    Final Resolution for Financing of Solid Waste Equipment

The Board will consider adopting a resolution required to authorize the final steps to complete the financing of equipment purchased by the County’s Solid Waste Department. 

nn.  Reimbursement Resolution for Affordable Housing Bonds

The Board will consider approving a resolution providing for reimbursement of capital expenses for Affordable Housing from the proceeds of a future financing. 

oo.  Reimbursement Resolution for Parks and Open Space

The Board will consider approving a resolution providing for reimbursement of capital expenses for Parks and Open Space. 

pp.  Request to Waive Occupational License Tax Penalties

The Board will consider a request from William Wisen, owner of the Best Western Skyland Inn, to  forgive statutory penalties assessed for failure to file Room Occupancy Tax Reports and remit room occupancy tax collected when due. 

5.  Public Hearings

a.      Potential One-Quarter Cent Sales Tax Increase Referendum Public Hearing, Discussion and Resolution

The Board will provide an opportunity for the pubic to comment on and the Board to discuss  and consider taking action on, a potential November 4, 2008 referendum on a one-quarter cent additional sales tax in Orange County. 

b.      North Carolina Department of Transportation, Rural Operating Assistance Program (ROAP) and Supplemental ROAP Grant Application for FY 2008-2009

The Board will consider conducting a public hearing for the NCDOT Rural Operating Assistance Program (ROAP); to approve the annual FY 2008-2009 ROAP grant application including supplemental request; and authorize the Chair to sign. 

c.      Public Hearing and Final Resolution for Financing of the Animal Services Facility

The Board will conduct a public hearing and consider adopting a resolution required for final approval of the financing for the construction of the Animal Shelter. 

d.      2009 Revaluation – Schedule of Values

The Board will conduct a public hearing on the schedule of values for the 2009 real property revaluation. 

6.  Regular Agenda

a.      Issuance of Remaining 2001 Voter Approved Bonds

The Board will consider a request for authority to issue the remaining unissued $1.4 million Affordable Housing 2001 voter approved bonds and $5.5 million Parks and Open Space unissued bonds as Alternative Financing. 

b.      Orange County Fire Insurance District Boundary Maps

The Board will consider approving fire insurance district boundary maps in Orange County for twelve rural fire districts. 

c.       Housing Bond Program – Eno Haven

The Board will consider approval of the issuance of a portion of the remaining authorized housing bonds as taxable bonds for the proposed Eno Haven multi-family rental complex. 

d.      Initial Review of Proposed Chatham/Orange Task Forces

The Board will consider reviewing potential processes, including proposed charge and composition, to establish three new Chatham/Orange Task Forces and, following any revisions, authorize staff to forward the task force proposals to the other jurisdictions for approval and respective appointments. 

7.  Reports

8.  Board Comments (Three Minute Limit Per Commissioner)

9.  County Manager’s Report

10.  Appointments

a.      Advisory Board on Aging – New Appointments

The Board will consider making one new appointment to the Nursing Home Community Advisory Committee. 

b.      Commission for Women – New Appointments

The Board will consider making new appointments to the Commission for Women

c.       Nursing Home Community Advisory Committee – New Appointment

The Board will consider making new appointments to the Advisory Board on Aging. 

11.  Information Items

12.  Closed Session

a.       Pursuant to G.S. 143-318.11(a)(3) “to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board, concerning the cases of (1) Housing Discrimination Complaint:  DHUD Case Name:  Campbell, Robert, Minister vs. Orange County, et al.; DHUD Case Number: 05-08-0589-8; (2) Orange County Investors Partnership v. Orange County Board of Adjustment, et al., Orange County Superior Court File No. 06 CVS 1060.”

13.  Adjournment

 

Orange County water supply reservoir water levels

Available information as of 3:00 PM, Tuesday, August 12, 2008

Lake Orange 

  • Water level is 28” below full.  Stage II Eno Capacity Use restrictions have been reinstated, effective at 12:01 PM, August 8th .
  • Water storage capacity is at 77.6% (368 million gallons)
  • Approximately 119 days of water supply remaining (at Capacity Use specified release rate).    In accordance with provisions of the County’s Water Conservation Ordinance and current water level in Lake Orange, the BOCC may elect to initiate the County’s Water Conservation Ordinance Stage II Voluntary provisions for individual water users, or, given the slight excess release from the West Fork Reservoir and the vastly reduced consumption by Orange Alamance and Piedmont Minerals, may also elect not to initiate Voluntary restrictions.
  • The Hillsborough gage indicates that the latest Eno River flows are at approximately 2.8 cfs (approximately 1.8 mgd).  This flow represents a level that is 1/4 the historical median flow levels (9 cfs) for this time of year.
  • Orange Alamance continues to operate its water plant with average withdrawals of 300,000 gallons per day, each Tuesday, Wednesday and Thursday.

West Fork Reservoir  (as of 7/25/2008 [last available update])

  • Water level is 4” below spilling
  • Water storage capacity remaining is 98.8%  
  • Approximately 344 days of water supply remaining (assuming Town’s current release rate (1.8 cfs, 1. 16 mgd). 
  • The Town is currently releasing 0.40 cfs or 0.26 mgd above its minimum required instream flow release of 1.4 cfs (0.9 mgd) for June.
  • The Town of Hillsborough Town Board currently has no water use restrictions on its customers in effect. 

OWASA Reservoirs

  • Water level at Cane Creek Reservoir is 5’-3” below full
  • Water level at University Lake is 3’ – 8” below full
  • Total remaining water storage capacity is approximately 73.5 %
  • Approximately 300 days of water supply remain (at the current 30-day average daily demand [8.73 million gallons per day])
  • OWASA’s year-round water conservation requirements are in effect during the current water supply advisory.

 

National Weather Service/NOAA Regional Precipitation data (through 8/11/2008)

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

 

RDU                                                      Piedmont-Triad 

-1.12” since August 1, 2008                    -1.84” since August 1, 2008

+0.09” since January 1, 2008                  -1.33” since January 1, 2008

Miscellaneous notes

The NC Drought Management Advisory Council drought map, last updated August 7, 2008, indicates that all of Orange County lies within the area characterized as experiencing “moderate drought” (the next to least severe level of their rating system).