Orange County Board of Commissioners

Meeting Agenda
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Regular Meeting
Tuesday, June 3, 2008
7:30 p.m. 
F. Gordon Battle Courtroom 
106 East 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

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.      Receipt of Sustainability Award from Glass Packaging Institute

The Board will consider recognizing the Solid Waste Department and specifically Recycling Programs Manager Robert S. Taylor for receipt of the national Glass Packaging Institute's annual Sustainable Practices Award for the County's commercial recycling program. 

b.      Sanford Holshouser Economic Impact Analysis of the Buckhorn Village Project

The Board will receive the report as comment and evidence regarding Buckhorn Village Planned Development and Special Use Permit. 

4.  Consent Agenda

a.      Minutes

The Board will consider correcting and/or approving the minutes from March 6, 11 and 12, 2008 as submitted by the Clerk to the Board. 

b.      Appointments - None

c.       Amendment to Current Year Contract with Northen Blue, L.L.P. to Provide DSS Legal Services for the Remainder of FY2007-08

The Board will consider amending the current contract for DSS legal services for the remainder of FY 2007-08 with Northen Blue, L.L.P. and authorize the Chair to sign. 

d.      Renewal of Contracts with In-Home Aide Providers to Provide In-Home Aide Services to Eligible Adults

The Board will consider renewing contracts with IN-Home Aide Providers to Provide In-Home Aide Services to Eligible Adults using a joint contract between the Department of Social Services and the Department on Aging and the Contractors and authorize the Chair to sign the contract renewals contingent upon attorney review and approval of the Orange County Budget. 

e.      Hyconeechee Regional Library Contract Agreement Renewal

The Board will consider renewing the contract agreement between the Hyconeechee Regional Library System and the counties of Caswell, Orange, and Person and authorize the Chair to sign. 

f.        Contract Renewal with Town of Chapel Hill for County Provision of Animal Control and Emergency Animal Rescue Services (EARS) and for Pet License Fee Collection

The Board will consider approving a contract renewal to provide the Town of Chapel Hill with animal control and emergency animal rescue services during FY 2008-2009 and identifies how pet license fees for Chapel Hill residents will be collected and authorize the Chair to sign, subject to final review by staff and County Attorney. 

g.      Contract Renewal with Town of Carrboro for County Provision of Emergency Animal Rescue Services (EARS) and for Pet License Fee Collection

The Board will consider approving a contract renewal with the Town of Carrboro to provide the Town with emergency animal rescue services during FY 2008-2009 and identifies how pet license fees for Carrboro residents will be collected and authorize the Chair to sign, subject to final review by staff and the County Attorney. 

h.      Contract Renewal with Town of Hillsborough for Animal Control and Emergency Animal After Hours Call Services

The Board will consider approving a contract renewal to provide the Town of Hillsborough with animal control and emergency animal after hour call services for FY 2008-2009 for a set fee of $19,421 and authorize the Chair to sign, subject to final review and approval by the County Attorney. 

i.        Contract Renewal with Dr. James Miller, DVM, DBA North Churton Street Animal Hospital, for Spay/Neuter Services with the Animal Shelter Division of the Animal Services Department

The Board will consider approving a contract renewal with Dr. James Miller, DVM, to provide spay/neuter surgery services for Orange County's Animal Shelter at the unit price of $63 per animal during FY 2008-2009 and authorize the Chair to sign, pending final review by the County Attorney. 

j.        Contract Renewal with Dr. Marat Dubrovsky, DVM, DBA Nicks Road Veterinary Clinic, for Spay/Neuter Surgery Services with the Animal Shelter Division of the Animal Services Department

The Board will consider approving a contract renewal with Dr. Marat Dubrovsky, DVM, to provide spay/neuter surgery services for Orange County's Animal Shelter at the unit price of $63 per surgery during FY 2008-2009 and authorize the Chair to sign, pending final review by the County Attorney. 

k.      Robert and Pearl Seymour Center Custodial Contract Extension

The Board will consider continuing a contract with OE Enterprises for custodial services at the Robert and pearl Seymour Center and authorize the County Manager to sign. 

l.        Property Information Management System Discovery Phase Contract

The Board will consider approving a contract with Patriot Properties of Lynn, Massachusetts to engage in initial planning for implementing a new land records and property taxation system and authorize staff to execute the necessary paperwork. 

m.    Agreement for Seymour Center Public Art Project

The Board will consider authorizing the County Manager to sign the Seymour Center Public Art agreement with artist Wayne Trapp contingent upon final review by staff and the County Attorney. 

n.      Impact Fee Reimbursement - Habitat for Humanity

The Board will consider approving the impact fee reimbursement request from Habitat for Humanity of Orange County, NC, Inc. for $18,000 for six new homes. 

o.      Orange County HOME Consortium Agreement

The Board will consider adopting a resolution authorizing the execution of a HOME Consortium Agreement for the period July 1, 2008 through June 30, 2011 upon approval by the County Attorney.

p.      Grant Opportunity - Expansion of Aging and Disability Resource Connections (ADRC)

The Board will consider approval for Orange County to pursue a partnership grant opportunity with Chatham County to create and/or improve local infrastructure to deliver a more effective and efficient social service system to the aging populations and adults with disabilities. 

q.      Bid Award for the Herbert Blackwood House (future New Hope Park at Blackwood Farm)

The Board will consider awarding a bid and approving a contract with Mulberry Restorations, Inn. In an amount not to exceed $40,345 for structural repairs to the Herbert Blackwood House (future New Hope Park at Blackwood Farm); and authorize the Chair to sign. 

r.       Purchase of Aerator for Parks and Recreation

The Board will consider authorizing the purchase of a Toro Procore 1298 Aerator from the Federal GSA contract from Smith Turf and Irrigation of Charlotte, NC at a total cost of $26,366.55. 

s.       Contract Award, Construction Manager at Risk Services, Animal Services Facility Phase II - Building

The Board will consider approval of an amendment to the Contract with Clancy & Theys as Orange County's Construction Manager at Risk for the construction of the Phase II-Building package for the Orange County Animal Services Facility at a total Guaranteed Maximum Price of $7,354,500, subject to final review and approval of the County Attorney; and authorize the Chair to sign. 

t.        Lease Approval: Hillsborough Commons

The Board will consider approving a lease for 56,328 square feet of space at Hillsborough Commons Shopping Center for use by the Department of Social Services (DSS) and direct the County Attorney to collaborate with staff and the owner to prepare the lease; and authorize the Chair to sign. 

u.      Lease Renewal - Walnut Grove Solid Waste Convenience Center

The Board will consider the renewal of the lease for the Solid Waste Convenience Center located on Walnut Grove Church Road at a cost of $350 per month and authorize the Chair to sign. 

v.      Recycling Processing and Collection Program Expansion Details and Implementation Plan

The Board will consider a request to endorse the components of the FY 2008-09 Solid Waste Management budget relevant to implementing the transition to commingled bottle and can collection, program expansion and the propose timeline for implementation, pending approval of the FY 2008-09 Solid Waste Enterprise Fund budget. 

w.     Interim Solid Waste Management Plan Adoption

The Board will consider approving a resolution adopting the Interim Solid Waste Management Plan three-year update for submittal to the State of North Carolina. 

x.      Approval of Proposed Land Exchange for Orange County Public Works Land with the Town of Hillsborough Land Related to the Agreement Between the Town and the County

The Board will consider approving the proposed land exchange for Orange County Public Works with the Town of Hillsborough related to the agreement between the Town and the County, thereby helping to finalize the Fairview Public Campus Master Plan approval process; and authorize the Chair and Clerk to sign. 

y.      Scheduling of Public Comments During the June 24, 2008 Regular Meeting on a Potential One-Quarter Cent Sales Tax Increase Referendum

The Board will consider scheduling an opportunity for the Board to receive public comments at the June 24, 2008 Regular Board Meeting on a potential referendum on a one-quarter cent additional sales tax in Orange County. 

z.       Zoning Ordinance Text Amendment: Planned Development Review and Approval Procedures

The Board will consider accepting additional evidence, if any; to accept the Planning Board recommendation; to close the public hearing; and adopt the proposed amendments to several provisions contained within "Article Seven (7) Planned Development" of the Zoning Ordinance. 

aa.  Zoning Ordinance Text Amendment: Telecommunication Wireless Facility

The Board will consider accepting additional evidence, if any; accepting the Planning Board recommendation; to close the public hearing; and to adopt the proposed amendments to four sections/articles of the Orange County Zoning Ordinance concerning the review, approval, and development of telecommunication wireless facilities. 

bb.  Request to Schedule a Public Hearing for June 24, 2008 on SUP-A-2-08 Farm Montessori School Application

The Board will consider scheduling a public hearing for the June 24, 2008 regular meeting to review the SUP-A-2-08 Farm Montessori School application. 

cc.   Change in Orange County Farmers' Market Vendor Fee and Approval of a Mid-Week Market Day

The Board will consider approving a reduction of the daily vendor fee at the Orange County Farmers' Market to $5 and to approve a mid-week market day.   

dd.   Resolution Expressing Orange County's Position on One Legislative Item Regarding Local Government Authority to Provide Development Incentives in Exchange for Reductions in Energy Consumption

5.  Public Hearings

a.      Annual Public Housing Agency (PHA) Plan - Section 8 Housing Program

The Board will conduct a public hearing and consider approving submission of the Annual Public Housing Agency Plan for the Orange County Housing Authority and authorize the Chair to sign. 

b.      Buckhorn Road Associates LLC Rezoning and Class A Special Use Permit Application(s)  

Attachments: 

1a - Staff Recommendation, Article Twenty

1b - Staff Recommendation, Article Seven

2 - Planning Board Recommendation

3a - Conditions of Approval, Staff

3b - Conditions of Approval, Planning Board

4 - Class A SUP, Staff Recommendations 

5 - Outline of Rezoning Comments and SUP Evidence

     Section A     Section B     Section C     Section D     Section E (large file 34MB)    

The Board will consider action on Planned Development Rezoning and Class A Special Use Permit application proposing the development of a Planned Development on property located within the I-85/Buckhorn Road Economic Development District. 

6.  Regular Agenda

a.      Proposed Animal Ordinance Amendment on the Tethering of Dogs

The Board will consider adopting a proposed ordinance amendment to the Orange County Animal Ordinance restricting the tethering of dogs. 

b.      Housing Bond Program

The Board will consider awarding housing bond funds in the amount of $1,000,000 to the TBLF Eno Haven LLC to assist in the construction of Eno Haven, a 76-unit multi-family rental complex in Hillsborough and authorize the Manager in consultation with the County Attorney to enter into a Development agreement detailing the conditions of the award. 

c.       BOCC Goals and Initiatives

The Board will consider reviewing and approving the Goals and Initiatives of the Board as initially expressed by the Board, in conjunction with staff, at the February 8, 2008 BOCC Retreat. 

7.  Reports

8.  Board Comments (Three Minute Limit Per Commissioner)

9.  County Manager's Report

10.  Appointments

a.      Joint Orange Chatham Community Action (JOCCA) - New Appointment

The Board will consider making one appointment to Joint Orange Chatham Community Action (JOCCA). 

11.  Information Items

12.  Closed Session

13.  Adjournment

Orange County water supply reservoir water levels

Available information as of 1:00 PM, Thursday, May 29, 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 15 cfs (approximately 9.7 mgd).  This flow represents a level that is somewhat lower than the historical median flow levels (22 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 5/22/2008 [last available update])

  • Water level is full and spilling
  • Water storage capacity remaining is 100%  
  • Approximately 376 days of water supply remaining (assuming Town's current release rate (2.2 cfs, 1. 42 mgd). 
  • The Town is currently releasing (or the spillway is overflowing) sufficient quantities of water to meet its minimum required instream flow release of 3.0 cfs (1.9 mgd) for May
  • The Hillsborough Town Board lifted voluntary water use restrictions on Monday, April 14, 2008. 

OWASA Reservoirs

  • Water level at Cane Creek Reservoir is 3'-7" below full
  • Water level at University Lake is 0' - 4" below full
  • Total remaining water storage capacity is approximately 84.5 %
  • Approximately 453 days of water supply remain (at the current 30-day average daily demand [6.7 million gallons per day])
  • At the OWASA Board of Directors meeting on May 22nd, the OWASA Board of Directors adopted a Resolution Rescinding Stage One Water Shortage Restrictions and Water Rate Surcharges and Reinstating a Water Supply Advisory.

 

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

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

RDU                                                      Piedmont-Triad 

-0.31" since May 1, 2008                        -1.99" since May 1, 2008

-8.00" since January 1, 2007                   -14.22" since January 1, 2007

-0.76" since January 1, 2008                   -2.55" since January 1, 2008

Miscellaneous notes

The NC Drought Management Advisory Council drought map, last updated May 27, 2008, indicates that all of Orange County lies within the area characterized as experiencing "abnormally dry conditions" (the least severe level of their rating system).