Regular Meeting
Tuesday, October 9, 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.  

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.      Certificate of Achievement for Excellence in Financial Reporting

The Board will consider recognizing the staff of the Orange County Finance Department for earning the Government Finance Officers' Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended June 30, 2006. 

4.  Consent Agenda

a.      Minutes

The Board will consider correcting and/or approving the minutes from August 30 Joint Meeting with Affordable Housing Advisory Board, the August 30 Work Session and the September 6, 2007 Regular Meeting as submitted by the Clerk to the Board. 

b.      Appointments

(1)   Adult Care Home Community Advisory Committee - Reappointment

The Board will consider making a reappointment to the Adult Care Home Community Advisory Committee. 

(2)   Affordable Housing Advisory Board - Reappointments

The Board will consider making reappointments to the Affordable Housing Advisory Board. 

(3)   Hillsborough Planning Board - Reappointment

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

(4)   Human Relations Commission - Reappointment

The Board will consider making one reappointment to the Human Relations Commission. 

c.       Cooperative Extension Memorandum of Understanding

The Board will consider a Memorandum of Understanding between Orange County and the North Carolina Cooperative Extension Service, North Carolina State University and authorize the Chair to sign. 

d.      Application and Acceptance of 2008 EMS Toolkit Grant

The Board will consider approving the application after the fact and approve any eventual acceptance of the 2008 EMS Toolkit Grant from the North Carolina Office of Emergency Medical System (NCOEMS) to help support the County EMS data implementation system project and authorize the Manage to sign pending final review by staff and the County Attorney. 

e.      Encroachment Agreement for Eubanks Road Sidewalk re: Animal Services Facility Project

The Board will consider approving a Three Party Right of Way Encroachment Agreement among the North Carolina Department of Transportation (NCDOT), Orange County and the Town of Chapel Hill for sidewalks and handicap ramps along the Eubanks Road frontage of the Animal Services Center Facility and authorize the Chair to sign. 

f.        Encroachment Agreement for Waterline Construction Associated with Justice Facility Project

The Board will consider approving a Three Party Right of Ay encroachment Agreement among the North Carolina Department of Transportation (NCDOT), Orange County and the Town of Hillsborough that allows the construction of a new 8" water line to serve the expanded Justice Facility and authorize the Chair to sign. 

g.      Granting of Sanitary Sewer Easements for CHCCS Elementary #10

The Board will consider approval of sanitary sewer easements and related documents for the sewer line to serve Elementary School #10, and authorize representatives from Chapel Hill Carrboro City Schools (CHCCS) and Orange County to work with adjoining property owners to the south to secure off-site easements and authorize staff and the County Attorney to pursue and secure easements. 

h.      Change in BOCC Regular Meeting Schedule for 2007

The Board will consider one change in the County Commissioners' regular meeting calendar by adding a dinner meeting/ work session with the Board of Health on November 13, 2007 at 5:30 p.m. at the Link Government Services Center, 200 South Cameron Street, in Hillsborough. 

i.        Board of Commissioners Meeting Calendar for Year 2008

The Board will consider final approval of the regular meeting schedule for the Board of County Commissioners for calendar year 2008. 

j.        Bid Award: Lighting at the Walnut Grove Church Road Solid Waste Convenience Center

The Board will consider awarding a bid to Tommy Lawrence Electrical Contractors of Roxboro, North Carolina for installing outdoor lighting at the Walnut Grove Church Road Solid Waste Convenience Center and authorize the Purchasing Director to sign. 

k.      Resolution Endorsing Agreement with the NCDOT for TIP Project EB-3606, Bicycle Route Mapping and Signing

The Board will consider a resolution to enter into an agreement with the North Carolina Department of Transportation (NCDOT) for the NCDOT to reimburse the County for the cost to produce 20,000 bicycle rout maps and authorize the Manager to sign subject to final review and approval by the County Attorney. 

l.        Resolution Endorsing Two NCDOT Projects to Enhance Safety and Improve Traffic Flow

The Board will consider a resolution endorsing two transportation improvements proposed by the North Carolina Department of Transportation. 

m.    West Ten Soccer Center Change Order Requests

The Board will consider approving a change order that includes installation of a water storage tank; use of a temporary generator; winter cover crop seeding; and spring field prep for the West Ten Soccer Center and authorize the Manager to sign. 

n.      Contract Amendment Approval: West Ten Design Services; Phase II

The Board will consider approving a contract amendment for Corley Redfoot Zack to complete design of West Ten Soccer Center- Phase II and authorize the Purchasing Director to execute the paperwork. 

o.      Contract Approval: Construction Materials Testing and Observation Services for Central Orange Senior Center/Sportsplex Renovation Project

The Board will consider approving a contract with Summit Engineering, Hillsborough to perform construction materials testing and construction observation in conjunction with the Central Orange Senior Center/ Sportsplex Renovation project and authorize the Manager to sign. 

5.  Public Hearings

6.  Regular Agenda

a.      Fee Waiver Request for Tent Revival Event at Fairview Park

The Board will consider a request for park use fee waiver by Reverend Luther Brooks and the St. James Baptist Church. 

b.      Hillsborough Farmer's Market Draft Guidelines

The Board will consider best management practices to be used in the operation of a farmer's market to be held at the Public Market House and mediation options. 

c.      Orange County Partnership for Young Children Garden Project Grant

The Board will consider a grant from the Orange County Partnership for Young Children for the N. C. Cooperative Extension to assist in developing community gardens for children and families in Orange County and authorize the Chair to sign. 

d.      West Ten Soccer Center Public/Private Partnership

The Board will discuss a proposal for sponsorship of the West Ten Soccer Center by Sports Endeavors, Inc. and authorize the staff to negotiate a proposed agreement. 

e.      2008 Employee Health, Dental and Life Benefits Recommendation

f.       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 and to consider amending impervious surface limits prescribed in Section 6.23.3 of the Zoning Ordinance in regards to the Upper Eno and Back Creek Protected Watersheds. 

g.      Bid Award: Solid Waste Operations Center Construction

The Board will consider awarding a bid to LeChase Construction Services, LLC, Durham, NC in an amount not to exceed $2,168,090 for the construction of the Solid Waste Operations Center on Eubanks Road, Chapel Hill and authorize the County Manager to execute and report to the Board change orders as may be required up to the amount of the project budget. 

h.      Animal Services Facility: Construction Manager at Risk Pre-Construction Services Approval

The Board will consider approving Clancy & Theys Construction Company of Raleigh, NC as the Construction Manager at Risk for the Animal Services Facility and authorizing a contract in the amount of $30,000 for pre-construction services associated with the project and authorize the Chair to sign. 

i.        Resolution of Intent to Create a Local Revenue Options Education Advisory Committee Including Committee Charge and Structure

The Board will consider a resolution indicating the intent of the Board of County Commissioners to create a Local Revenue Options Education Advisory Committee that will develop and disseminate information to voters concerning the May 6, 2008 local revenue options referendum and to consider a proposed charge to, and structure of that committee. 

7.  Reports

8.  Board Comments

9.  County Manager's Report

10.  Appointments

11.  Closed Session

12.  Information Items

·        Proclamation of Stage I Water Shortage to OWASA Customers

13.  Adjournment

Orange County water supply reservoir water levels

Available information as of 3:00 PM, Thursday, October 4, 2007 

Lake Orange 

• Water level 72.5" below spilling.
• Water storage capacity remaining is 55.0% (261 million gallons)
• Approximately 92 days of water supply remaining (at Capacity Use specified release rate)
• Over the last 3 days, Eno River flow at the Hillsborough gage has unexplainably dropped from just above 2 cfs (1.3 mgd) to 0.83 cfs (536,000 gpd) even though releases from Lake Orange have been increased and is well below the Capacity Use requirement of 1.7 cfs (1.1 mgd).  This is well below the median flow for this time of year..
• Phase 4 Eno River Capacity Use withdrawal restrictions have been in effect as of September 28^th.

West Fork Reservoir  (as of  9/28/07)

• Water level is 47" below spilling
• Water storage capacity remaining is 77.0%  
• Approximately 232 days of water supply remaining (assuming Town's current release rate (4.0 cfs, 2.6 mgd) and demand [averaging 1.3 mgd 2.2 cfs over the last weeks) 
• Since 9/11/07, the Town has been releasing sufficient flow into the river to meet somewhat more than required for its own use and its minimum instream flow release.
• Hillsborough's water customers are not under any prohibitions or restrictions on water use.

OWASA Reservoirs

• Water level at Cane Creek Reservoir is 103.3" below full
• Water level at University Lake is 89.8" below full
• Total remaining water storage capacity is approximately 55.6 %
• Approximately 171 days of water supply remaining (at current 30-day average daily demand [10.8 million gallons per day])
• On September 27, 2007 OWASA (followed by the local governments having jurisdiction over OWASA customers) declared a "Stage I Water Shortage", a mandatory regulation of  uses of water considered extraneous which will be in effected until terminated.

National Weather Service/NOAA Regional Precipitation data

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

RDU                                                      Piedmont-Triad 

-2.29" since September 1, 2007           -3.68" since September 1, 2007

-7.89" since January 1, 2007                -13.28" since January 1, 2007

        Miscellaneous notes

1.      The NC Drought Management Advisory Council drought map, updated October 2, 2007, shows the southern 75% of Orange County to be in the area characterized as "exceptional drought" (the most severe drought condition used) and the northern 25% of the County in the area characterized as "extreme drought" in terms of climatic conditions.

2.      Given that Orange Alamance's withdrawals are now averaging well below historical levels; Piedmont Minerals withdraws are but a tiny fraction of its historical levels of withdrawal; and excess releases by Hillsborough, the water level at Lake Orange, though low, is well above historical expectations, given the current lack of rainfall..