Orange County Board of Commissioners

Meeting Agenda
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Regular Meeting
Tuesday, January 15, 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.         Affordable Housing Performance Report  REPORT RECEIVED

The Board will receive the Annual Affordable Housing Performance Report from the Orange County Affordable Housing Advisory Board.  

b.         ABC Board Report REPORT RECEIVED

The Board will receive a report on ABC operations in Orange County from ABC Board Chair Thomas Heffner and Dan Sykes, the General Manager for ABC in Orange County. 

c.         Resolution of Approval - Conservation Easement for the Breeze Farm APPROVED

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

d.         Proclamation Recognizing Climate Change Awareness Day APPROVED

The Board will consider a proclamation recognizing January 31, 2008 as Orange County Climate Change Awareness Day. 

e.         Proclamation Acknowledging February as "Human Relations Month" APPROVED

The Board will consider a proclamation recognizing the month of February as "Human Relations Month" in Orange County and authorize the Chair to sign. 

4.  Consent Agenda

a.      Minutes APPROVED

The Board will consider correcting and/or approving the minutes from November 15, 19 (5:30 pm), 19 (7:30 pm) and December 3, 2007 as submitted by the Clerk to the Board. 

b.      Appointments

(1)   Commission for the Environment - Reappointment APPROVED

The Board will consider making a reappointment to the Commission for the Environment. 

(2)   Transportation Services Board - Reappointments APPROVED

The Board will consider making reappointments to the Transportation Services Board. 

c.       Motor Vehicle Property Tax Release/Refunds APPROVED

The Board will consider adoption of a refund resolution related to 72 requests for motor vehicle property tax release or refunds in accordance with North Carolina General Statutes. 

d.      Motor Vehicle Property Tax Release/Refund for Mebane Transport APPROVED

The Board will consider a refund request for motor vehicle billings for the years 2003-2006 from Mebane Transport per direction of the North Carolina Department of Revenue, Property Tax Division in the sum of $11,939.93. 

e.      Applications for Property Tax Exemption/Exclusion APPROVED

The Board will consider eight (8) untimely applications for exemption/exclusion from ad valorem taxation for the 2007 tax year. 

f.        Resolution Creating a Special Board of Equalization and Review APPROVED

The Board will consider a resolution providing for the appointment of a special board of equalization and review to carry out the statutory responsibilities of ensuring that tax lists and tax records comply with the provisions of the North Carolina Machinery Act and recruit applicants. 

g.      Property Tax Refunds APPROVED

The Board will consider adoption of a refund resolution related to three (3) requests fro property tax refund in accordance with N.C. General Statute 105-381. 

h.      Property Tax Releases APPROVED

The Board will consider adoption of a resolution to release property values related to two (2) requests for property tax release in accordance with N.C. General Statute 105-381. 

i.        Property Value Changes APPROVED

The Board will consider approving value changes made in property values after the 2007 Board of Equalization and Review has adjourned. 

j.        Acceptance of 2007 Emergency Management Performance Grant (EMPG) Supplemental Funds APPROVED

The Board will consider accepting the Supplemental Award of $7,639.31 for the 2007 Emergency Management Performance Grant from the State Emergency Management Agency to help support the County emergency management programming and authorize the County Manager to sign pending final review by staff and the County Attorney. 

k.      Receipt of Additional Funds from Orange County Partnership for Young Children for Child Care Health Consultant Projects APPROVED

The Board will consider accepting additional funds from Orange County Partnership for Young Children for Child Care Health Consultant Projects. 

l.        Accept Funds from Kate B. Reynolds Foundation for Support of Healthy Carolinians of Orange County APPROVED

The Board will consider accepting funds for support of Health Carolinians of Orange County and authorize staff to create a grant ordinance for the management of the grant funds in the amount of $30,000 for 2008-2010. 

m.    Orange County Small Business Loan Pool APPROVED with REVISIONS

The Board will consider approving bylaw provisions pertaining to directors for the Orange County Small Business Loan Program (revised to include Orange County Financial Services Director as the eighth voting Board Member). 

n.      Inter-local Agreement with the Town of Chapel Hill Regarding Cost Sharing of GIS Products and Services APPROVED

The Board will consider approving an inter-local agreement between Orange County and the Town of Chapel Hill for the mutual purpose of obtaining Geographic Information System (GIS) products from the Town's contracted services provider, Sanborn, Inc. and authorize the Chair to sign subject to final review by staff and the County Attorney. 

o.      Memorandum of Understanding - Partnership to End Homelessness APPROVED

The Board will consider approving a Memorandum of Understanding with the Executive Team for the Partnership to End Homelessness and authorize the Chair to sign pending final review and approval by the County Attorney. 

p.      Orange County Housing Bond Program Policy Amendment APPROVED with CHANGES

The Board will consider a proposed amendment to the Orange County Housing Bond Policy to amend the definition of eligible applicants to include for-profit organizations. 

q.      Award of Housing Bond Funds to Chrysalis Foundation APPROVED

The Board will consider awarding housing bond funds in the amount of $130,000 to the Chrysalis Foundation to assist with construction costs for the Rusch Hollow Apartments and authorize the Manager in consultation with the County Attorney to enter into a Development Agreement. 

r.       Amendments and Revision of the Orange County Personnel Ordinance: Article I, Section 6.0 and 7.0, and Article III, Section 3.0 APPROVED

The Board will consider an amendment to Article I, Sections 6.0 and 7.0; revise Article III, Section 3.0 and repeal the current Article III, Section 3.0; and to review the Administrative Rules and Regulations for Overtime Compensation. 

s.       Triangle Rural Planning Organization (TARPO) Memorandum of Understanding APPROVED

The Board will consider approving the amended Memorandum of Understanding for Cooperative, Comprehensive and Continuing Transportation Planning and the Establishment of a Rural Planning Organization for jurisdictions in the Triangle Region. 

t.        Phase II Hillsborough Area-Orange County Strategic Growth Plan: Interlocal Agreement APPROVED

The Board will consider approving a contract with Clarion Associates for Phase II of the Hillsborough Area-Orange County Strategic Growth Plan: Preparation of an Interlocal Agreement. 

u.      Contract Amendment - Education Facilities Impact Fees Technical Study APPROVED

The Board will consider an amendment to the contract Timeline (Exhibit B) of the Education Facilities Impact Fees Technical Study contract with TischlerBise, Inc. and authorize the Manager to sign. 

v.      Fiscal Year 2007-08 Budget Amendment #6 APPROVED

The Board will consider approving budget and capital project ordinance amendments for fiscal year 2007-08. 

w.     Annual Contributions to Outside Agencies: Target Funding Allocation and Application Evaluation Criteria APPROVED

The Board will consider recommendations on establishing a target funding allocation for outside agencies for FY2008-09 and authorizing evaluation guidelines for applications to be received by the Human Services Advisory Commission. 

x.      Award for Security Design Services, Justice Facility APPROVED

The Board will consider awarding a contract for design services to Risk Management Associates, Inc. related to the physical security systems for the Orange County Justice Facility construction and expansion; and authorize the Manager to sign. 

y.      Contract Modifications:  County Campus APPROVED

Amended Contracts:  Library and Office Complex,   Purchase Agreement - LibraryPurchase Agreement - OfficeLibrary and Office Complex Changes 

The Board will consider approving a resolution regarding the Agreements for Purchase and Sale of the Office Building and the Library and the Agreement for Construction Manager at Risk Services (the "Agreements"), as modified per the Attachments. 

z.       Alamance County/Orange County Boundary Line Resolution APPROVED

The Board will consider adoption of a resolution that, in conjunction with a similar resolution of the Alamance County Board of Commissioners, will petition the State of North Carolina to conduct a resurvey of the ambiguous boundary line between Orange County and Alamance County. 

5.  Public Hearings

6.  Regular Agenda

a.      Next Steps for Farmers' Market Based on Mediation Process NO ACTION TAKEN

The Board will consider discussing the next steps relative to the administration and operation of a Farmers' Market at the Public Market House. 

b.      Landfill Gas Recovery Process Options APPROVED with CHANGES

The Board will consider follow-up on the December 11, 2007 Board of Commissioners meeting regarding direction to staff to meet with University of North Carolina staff to negotiate a Memorandum of Understanding for the purpose of development of a gas recovery project at the Orange County Landfill and authorize the Chair to sign the memorandum. 

c.      The Bluffs at Moorefields - Preliminary Plan DEFERRED

The Board will receive Administration and Planning Board recommendations on and consider approval for the Preliminary Plan for the Bluffs at Moorefields Subdivision. 

7.  Reports

8.  Board Comments

9.  County Manager's Report

10.  Appointments

a.      Commission for Women - New Appointments DEFERRED

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

b.      Local Revenue Options Education Advisory Committee DEFERRED

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

c.      Transportation Services Board - New Appointments DEFERRED

The Board will consider making new appointments to the Transportation Services Board. 

11.  Information Items

12.  Closed Session

"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."

13.  Adjournment

Orange County water supply reservoir water levels

Available information as of 4:00 PM, Thursday, January 10, 2008 

Lake Orange

  • Water level has risen to a level 78.0" below spilling, and, as of January 8th, the Eno Capacity Use restrictions have been revised upward to Stage IV withdrawals and instream flow releases
  • Water storage capacity remaining is 45.3% (215 million gallons)
  • Approximately 80 days of water supply remaining (at Capacity Use specified release rate)
  • The Hillsborough gage indicates that recent Eno River flows have varied between 2.0 and 150.0 cfs (approximately 1.3 to 97 mgd).  Instream flow has varied from well above  to well below the median flow levels 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 01/09/2008)

  • Water level is 89" below spilling
  • Water storage capacity remaining is 53.4%  
  • Approximately 203 days of water supply remaining (assuming Town's current release rate (2.0 cfs, 1.3 mgd). 
  • Since 9/11/07, the Town has been releasing a level of flow into the river 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 (as of shown for 01/10/2008)

  • Water level at Cane Creek Reservoir is 14'-3"" below full
  • Water level at University Lake is 6'-8" below full
  • Total remaining water storage capacity is approximately 42.8 %
  • Approximately 235 days of water supply remaining (at current 30-day average daily demand [6.5 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 1/9/2008)

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

RDU                                                                 Piedmont-Triad 

-1.12" since January 1, 2008                   -0.99" since January 1, 2008

 

Miscellaneous notes

1.      Please note that the rainfall deficits noted above show only deficits from January 2008, and do not reflect deficits that remained at the end of 2006 and 2007.  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 January 10, 2008, 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.