Orange County Board of Commissioners

Meeting Agenda
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Regular Meeting
Monday, December 3, 2007
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.  

Board Organization

a.      Election of Chair and Vice-Chair

b.      Designation of Voting Delegate for all NCACC and NACo meetings for Calendar Year December 1, 2007-2008


a.       Manager

b.       Clerk to the Board

c.       County Attorney

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.      Resolution Recognizing and Honoring Dr. Phail Wynn

The Board will consider a resolution recognizing Dr. Phail Wynn, retiring President of Durham Technical Community College, for service to Orange County and the local community. 

b.      Presentation by the Library Services Task Force

The Board will receive a presentation from the Library Services Task Force, which has worked on two main components of the charge of January 2007 and will present a report of the Library Services Standards for Orange County and a Capital & Operational Request as it relates to Library Service.

c.      Proclamation of Human Relations Commission's Celebration of Bill of Rights Day, Human Rights Day, and Human Rights Week

The Board will consider a proclamation designating December 10-16, 2007 as Human Rights Week; December 10, 2007 as Human Rights Day; and December 15, 2007 as Bill of Rights Day to highlight the importance of Human Rights in Orange County and beyond. 

d.      Resolution of Approval - Contribution of Funds for Land Acquisition and Acceptance of Conservation Easement from the Eno River Association

The Board will consider a resolution authorizing an agreement between the County and the Eno River Association for the County contribution of funds for the purchase of the Eno Confluence property (110 acres) and the acceptance of a conservation easement for the same property and authorize the Chair and Clerk to sign pending final review by staff and the County Attorney.   

4.  Consent Agenda

a.      Minutes

The Board will consider correcting and/or approving the minutes from October 23 and November 5, 2007 as submitted by the Clerk to the Board. 

b.      Appointments

(1)   Chapel Hill/Orange County Visitors Bureau - Reappointments

The Board will consider making reappointments to the Chapel Hill/Orange County Visitors Bureau. 

(2)   Commission for the Environment - Reappointments

The Board will consider making reappointments to the Commission for the Environment. 

(3)   Information Technology Advisory Committee - Reappointments

The Board will consider making reappointments to the Information Technology Advisory Committee. 

(4)   Nursing Home Community Advisory Committee - Reappointments

The Board will consider making reappointments to the Nursing Home Community Advisory Committee. 

c.       Applications for Property Tax Exemption and Present Use Value

The Board will consider ten (10) untimely applications for exemption/exclusion from ad valorem taxation for the 2007 tax year and one (1) untimely application for participation in the Present Use Value program for 2006. 

d.      Property Value Changes

The Board will consider approving value changes made in property values after the 2006 Board of Equalization and Review has adjourned. 

e.      Examination of Bonds

The Board will consider examining bonds for officials pursuant to G.S. 109-5. 

f.        Proposed Grant Application to NC Parks & Recreation Trust Fund

The Board will consider submitting a joint application (County and Town of Hillsborough) to the NC Parks and Recreation Trust Fund for state grant funds to develop Fairview Park and authorize the Chair to sign prior to the January 31, 2008 deadline. 

g.      Bid Award: Connect "Gateway Campus" to County Computer Network

The Board will consider approving a contract with Intellicom, Inc. of Durham, North Carolina to install data networking fiber between the new "Gateway Campus" and the Orange County computer network; and authorize the Purchasing Director to issue a purchase order in the amount of $40,780. 

h.      Bid Award: Hook Lift Truck for Orange County Solid Waste

The Board will consider awarding a bid to Triad Freightliner of Greensboro, North Carolina at a delivered cost of $144,821 for a Hook Truck to be utilized by Orange County Solid Waste at the solid waste convenience centers; and authorize the Purchasing Director to execute the paperwork. 

i.        Orange County Landfill Engineering Services Agreement Renewal

The Board will consider extending the Solid Waste Department agreement with Draper Aden Associates for engineering and consulting services at the Orange County Landfill for three additional years through December 31, 2010 and authorize the Chair to sign subject to final review by staff and the County Attorney. 

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

The Board will consider renewal of 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. 

k.      Encroachment Agreement: Central Orange Senior Center/Sportsplex Renovation Sidewalk Construction

The Board will consider approving a Three Way Right of Way Encroachment Agreement among the North Carolina Department of Transportation (NCDOT), Orange County and the Town of Hillsborough that allows the construction of approximately 490 lineal feet of 5-foot wide sidewalk; and authorize the Chair to sign. 

l.        Recommendation to NCDOT Concerning the Addition of Little Leaf Lane to the State Road System

The Board will consider a recommendation to the North Carolina Department of Transportation (NCDOT) concerning a petition to add Little Leaf Lane to the State Maintained Secondary Road System. 

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

The Board will consider approving a contract to provide animal control and emergency animal after hour call services to the Town of Hillsborough form July 1, 2007 through June 30, 2008 for a set fee of $13,682; and authorize the Chair to sign subject to final review and approval by the County Attorney. 

n.      Lease Renewal: 501 W. Franklin Street, Suite #105

The Board will consider approving a lease renewal with, a software consulting firm, for space at 501 W. Franklin Street commencing on December 3, 2007 through December 2, 2008 for a monthly fee of $800; and authorize the Chair to sign. 

o.      Lease Approval: Animal Shelter, Solid Waste Administration Building and Recycling Center on Municipal Drive, Chapel Hill

The Board will consider approving leases with the University of North Carolina for property on Municipal Drive, Chapel Hill, previously or currently used by the County; and authorize the Manager to sign. 

p.     Commission for Women (CFW) Bylaws Amendment

The Board will consider reviewing and amending the Commission for Women's (CFW) Bylaws to include a mission statement, delegation of hiring and supervisory duties, and other minor changes for the purpose of clarification and authorize the Commission for Women to amend the Bylaws. 

q.      Classification and Pay Plan Amendments - Add/Revise Various Classes

The Board will consider amending the Orange County Classification and Pay Plan to add or revise various classifications. 

r.       To Accept Annual Report and Recommendations on Child Care from the Social Services Board

The Board will consider accepting the annual report from the Social Services Board on the progress being made in providing child subsidy for families in Orange County and to accept the recommendations of the Social Services Board; and authorize the Social Services Director to submit a competitive bid for administering the Smart Start subsidy program. 

5.  Public Hearings

6.  Regular Agenda

a.      Animal Ordinance Civil Penalty and Fee Increases, Second Reading

The Board will consider approving the second reading of amendments to the County's Animal Ordinance to update select civil penalties effective July 1, 2008, allowing a six-month period of education and public outreach prior to the change. 

b.      Zoning Ordinance Text and Map Amendments - Proposed Efland-Cheeks Highway 70 Corridor Zoning Overlay District and Amendment to Section 6.23.3 of the Zoning Ordinance Pertaining to Impervious Surface Ratio Regulations

The Board will consider making text and map amendments to the Zoning Ordinance and Zoning Atlas regarding a proposed new zoning overlay district - Efland-Cheeks Highway 70 Corridor Overlay District (ECOD) - and to consider amending impervious surface limits prescribed in Section 6.23.3 of the Zoning Ordinance in regards to he Upper Eno and Back Creek Protected Watersheds.   

c.      Landfill Gas Recovery Process Options

The Board will consider, and decide among, proposed options for proceeding to develop a gas recovery project at the Orange County Landfill.

d.      Amendment - Additional Services - to Professional Services Agreement for Design of Northern Human Services Center to Include Work on Septic System

The Board will consider authorizing a change order in an amount not to exceed $74,5000 for the design work associated with the Northern Park to include completion of the design of the septic system that will support the Park and the adjacent Northern Human Services /Center; and authorize the Chair to sign.   

e.      Authorization for OWASA to Accept Wastewater Flow from the Blenheim Woods Subdivision in Durham City and County

The Board will consider authorizing a request from the City of Durham and the Orange Water and Sewer Authority (OWASA) to allow the connection of the proposed Blenheim Woods subdivision (located within Durham City and County) to the OWASA wastewater collection system. 

f.        Approval of Revised 2008-18 Capital Investment Plan (CIP) Timeline

The Board will consider approving a revised adoption timeline for the proposed 2008-18 Capital Investment Plan. 

7.  Reports

a.      Report on the Development of Interim Solid Waste Management Plan

The Board will receive information and consider providing direction on the development of an Interim Solid Waste Management Plan - 3-Year Update, for submission to the State, pending completion of ongoing Solid Waste Planning Work Group process. 

b.      Report: Revision to Personnel Ordinance Article III, Section 3.0 Overtime Compensation

The Board will receive a report on a proposed revision to the Orange County Personnel Ordinance, Article III, Section 3.0 Overtime Compensation. 

c.      Report on County Campus Project

The Board will receive information regarding the status of the county campus construction projects and provide feedback as may be appropriate. 

d.      Contract and Proposal Review: Leading and Governing Associates Training and Facilitation Services

The Board will receive information regarding a contract with Leading and Governing Associates in an amount not to exceed $13,000 for training and facilitation services associated with the County Commissioner retreat and Department Director training. 

8.  Board Comments

9.  County Manager's Report

10.  Appointments

a.      Arts Commission - New Appointment

The Board will consider making a new appointment to the Arts Commission. 

b.      Carrboro Board of Adjustment - New Appointment

The Board will consider making a new appointment to the Carrboro Board of Adjustment. 

c.      Commission for Women - New Appointments

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

d.      Local Revenue Options Education Advisory Committee

The Board will consider making appointments to the Local Revenue Options Education Advisory Committee. 

11.  Information Items

12.  Closed Session

13.  Adjournment

Orange County water supply reservoir water levels

Available information as of 4:00 PM, Thursday, November 29, 2007 

Lake Orange

  • Water level is 93.0" below spilling, and we remain in Stage 5 Eno Capacity Use restrictions
  • Water storage capacity remaining is 37.9% (179 million gallons)
  • Approximately 69 days of water supply remaining (at Capacity Use specified release rate)
  • The Hillsborough gage indicates current Eno River flow to varies between 1.o and 2.0 cfs (approximately 650,000 to 1.3 mgd).  This is a real likelihood that beaver activity is now affecting the gage readings, at least intermittently.  Regardless, instream flow continues to be well below the median flow levels for this time of year.
  • Stage 5 Eno River Capacity Use withdrawal restrictions (no contribution to instream flow from Lake Orange) went into effect November 8, 2007.
  • 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  11/15/07)

  • Water level is 76" below spilling
  • Water storage capacity remaining is 60.1%  
  • Approximately 217 days of water supply remaining (assuming Town's current release rate (3.0 cfs, 1.94 mgd). 
  • Since 9/11/07, the Town has been releasing a level of flow into the river well in excess of its minimum instream flow release.
  • As of 10/22/07, the Town's water customers are in Stage I - voluntary water restrictions. 

OWASA Reservoirs

  • Water level at Cane Creek Reservoir is 151.8" below full
  • Water level at University Lake is 81.5" below full
  • Total remaining water storage capacity is approximately 46.8 %
  • Approximately 218 days of water supply remaining (at current 30-day average daily demand [7.6 million gallons per day])
  • On October 18, 2007 OWASA and the local governments having civil jurisdiction over OWASA customers implemented OWASA's Stage II Water Shortage restrictions.

National Weather Service/NOAA Regional Precipitation data (as of 11/6/2007)

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

RDU                                                                Piedmont-Triad 

-2.21" since November 1, 2007                        -1.83" since November 1, 2007

-8.37" since January 1, 2007                             -11.51" since January 1, 2007

                                 Miscellaneous notes

1.      Please note that the rainfall deficits noted above show only deficits from January 2007, and do not reflect deficits that remained at the end of preceding years.  USGS ground water specialists and hydrogeologists recently speculated that North Carolina as a whole needs 30 to 40" of rainfall by April 2008 to break the drought.

2.      The NC Drought Management Advisory Council drought map, updated November 27, 2007, indicates that the entirety of Orange County lies within the area characterized as experiencing "exceptional drought" (the most severe drought classification used.

3.      Given that: 1) Orange Alamance's withdrawals are now averaging well below historical levels (averaging approximately 130,000 gallons per day); 2) Piedmont Minerals withdrawals are but a tiny fraction of its historical levels of withdrawal; and 3) Hillsborough has been releasing well above its minimum required release, the water level at Lake Orange - though quite low - is well above what might be expected with the current drought situation.