Regular Meeting
Tuesday, October 23, 2007
7:30 p.m. 
Southern Human Services Center
2501 Homestead Road    
Chapel Hill, 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.      Orange County Arts Grant Recipients RECIPIENTS RECOGNIZED

The Board will present checks to local artists and arts organizations receiving Orange County Arts Grants.  

b.      Consideration of the DRAFT Social Justice Goal REPORT RECEIVED

The Board will receive the Orange County Human Relations Commissioner's recommendations regarding a proposed Orange County Social Justice Goal.  

4.  Consent Agenda

a.      Minutes  APPROVED

The Board will consider correcting and/or  approving the minutes for  September 19, 20 and 28, 2007 as submitted by the Clerk to the Board. 

b.      Appointments - None

c.       Applications for Property Tax Exemption APPROVED

The Board will consider six (6) untimely applications for exemption/exclusion from ad valorem taxation for the 2007 tax year. 

d.      Property Tax Releases APPROVED

The Board will consider adoption of a resolution to release property values related to ten (10) requests for property tax release in accordance with N.C. General Statute 105-381. 

e.      Property Tax Refunds APPROVED

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

f.        Motor Vehicle Property Tax Release/Refunds APPROVED

The Board will consider adoption of a refund resolution related to 42 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. 

g.      Amendment to the Agreement for the Feasibility Study for the Regional Value-Added Shared Use Food Processing Center APPROVED

The Board will consider amending the agreement for services related to the Regional Value Added Shared Use Processing Center Feasibility Study to establish a new completion date of November 30, 2007 and authorize the Chair to sign. 

h.      First Baptist and Manley Estates Senior Housing Funding Request APPROVED

The Board will consider approving funding up to $85,000 for the expansion of the parking lot serving the First Baptist and Manley Estates Senior Apartment Complex in Chapel Hill with staff recommended requirements

i.        Fiscal Year 2007-08 Budget Amendment #3 APPROVED

The Board will consider approving budget, grant and capital project ordinance amendments for fiscal year 2007-08 and suspend the County's $250 per day park rental fee. 

j.        Proposal to Participate in the NACo Prescription Drug Card Program APPROVED

The Board will consider a proposal for Orange County to enter into a contract to participate in the NACo Prescription Drug Discount Card Program and authorize the Chair to sign pending County Attorney review, and designate the Social Services Director as the contact person for the contract. 

k.      Amendment to Contract with Arcadia Health Services, Inc. to Provide In-Home Aide Services to Eligible Adults APPROVED

The Board will consider amending the contract with Arcadia Health Services, Inc. for In-Home Aide Services to eligible adults and authorize the Chair to sign. 

l.        Replacement/Upgrade of 9-1-1 Dispatch Computers APPROVED

The Board will consider replacing the 9-1-1 Dispatch Computers and upgrade the Computer Aided Dispatch software used in the 9-1-1 Center and authorize the Purchasing Director to purchase. 

m.    Amendments to the Soil Erosion and Sedimentation Control Ordinance APPROVED

The Board will consider approval of proposed amendments to the Soil Erosion and Sedimentation Control Ordinance presented at the May 21, 2007 Quarterly Public Hearing. 

n.      Amendments to the Orange County Stormwater Ordinance for Lands within the Neuse River Basin APPROVED

The Board will consider approval of required amendments to the Orange County Stormwater Ordinance for Lands within the Neuse River Basin to reflect changes in the Nitrogen Reduction Offset payment calculation presented at the May 21, 2007 Quarterly Public Hearing.  

o.      Approval of the Contract with The Archer Group to Complete a Pay, Classification and Benefits Study APPROVED with CHANGES

The Board will consider approving a contract with The Archer Group to complete a Pay, Classification and Benefits Study and authorize the Manager to sign subject to final review and  approval by the County Attorney. 

p.      Change in BOCC Regular Meeting Schedule for 2007 APPROVED

The Board will consider changes in the County Commissioners' regular meeting calendar for 2007. 

q.      Authorization for Purchasing Director to Exceed Signature Authorization for Emergency Work on Elevator at Whitted Building APPROVED

The Board will consider authorizing the Purchasing Director to issue purchase orders not to exceed $60,000 in order to expedite the repair/refurbishment of an elevator at the Richard E. Whitted Center. 

5.  Public Hearings

6.  Regular Agenda

a.      Approval of Sanitary Sewer Easement Documents - Twin Creeks Site APPROVED with CHANGES

The Board will consider approval of easements for sewer line construction across the Twin Creeks property to serve Chapel Hill-Carrboro City Schools (CHCCS) Elementary School #10, subject to final approval by the County Attorney. 

b.      Land Trust Affordable Housing Maintenance Task Force APPROVED

The Board will consider approving the creation of Land Trust Affordable Housing Maintenance Task Force and appoint a member of the Board of County Commissioners and the Chair of the Affordable Housing Advisory Board to the Task Force. 

c.       Hillsborough Train Stop Citizens Group APPROVED

The Board will consider a citizens group's request to pursue a passenger rail service for Hillsborough, and to authorize Planning staff to work with the Town of Hillsborough and residents to further investigate all issues related to establishing a train stop in Hillsborough. 

d.      Potential Actions Regarding Petitions for Addition of Subdivision Roads to the State Maintained System APPROVED with CHANGES

The Board will consider a policy to govern Board of County Commissioners recommendations regarding Petitions for Addition of Subdivision Roads to the State Maintained System and authorize the Orange Unified Transportation Board (OUT Board) to develop a transportation plan to map desired connectivity between public roads. 

e.      Resolution Endorsing Comments to the DCHC MPO TAC Regarding the Regional Priority List for the 2009-2015 MTIP APPROVED

The Board will consider a resolution endorsing comments to the Durham-Chapel Hill-Carrboro (DCHC) Metropolitan Planning Organization (MPO) Transportation Advisory Committee (TAC) regarding the Draft DCHC MPO Regional Priority List for the 2009-2015 Metropolitan Transportation Improvement Program (MTIP). 

7.  Reports

a.      Energy Conservation Update RECEIVED

The Board will receive updates on the employee Energy Conservation Fair, scheduled for November 2, 2007, and information on energy usage at several County buildings.  

b.      Agricultural Drought Situation RECEIVED

The Board will receive a report on the preliminary effects of the drought on Orange County agricultural producers and efforts to assist farmers. 

8.  Board Comments

9.  County Manager's Report

10.  Appointments

a.      Advisory Board on Aging - New Appointments APPROVED

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

b.      Animal Services Advisory Board - New Appointment APPROVED

The Board will consider making one new appointment to the Animal Services Advisory Board. 

c.       Human Services Advisory Commission - New Appointments APPROVED

The Board will consider making new appointments to the Human Services Advisory Commission. 

d.      Orange County Planning Board - New Appointments APPROVED

The Board will consider making new appointments to the Orange County Planning Board. 

e.      Solid Waste Advisory Board - New Appointment APPROVED

The Board will consider making one new appointment to the Solid Waste Advisory Board. 

11.  Information Items

·        Memorandum from Animal Services Director to County Manager Regarding the Final Report of Animal Services Advisory Board Task Force on "Keeping of Wild Animals" Ordinance

·        Memorandum from Planning Department Regarding Citizen Concerns with Churton Grove Planned Development

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."

"Pursuant to G.S. § 143-318.11(a)(5) "to discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of contracts to purchase and to lease real property."

"Pursuant to G.S. § 143-318.11(a)(4) "to discuss matters related to the location of a business in the County."

13.  Adjournment

Orange County water supply reservoir water levels

Available information as of 1:00 PM, Thursday, October 18, 2007 

Lake Orange

• Water level 83.5" below spilling.
• Water storage capacity remaining is 42.1% (199.7 million gallons)
• Approximately 75 days of water supply remaining (at Capacity Use specified release rate)
• Current Eno River flow at the Hillsborough gage is 2.2 cfs (1.42 mgd).  This is approximately 0.5 cfs above minimum flow required by the Eno River Capacity Use Agreement, but well below the median flow for this time of year.
• Stage 4 Eno River Capacity Use withdrawal restrictions have been in effect since September 28^th.  Stage 5 withdrawal restrictions go into effect when the water level reaches 89" below spilling.  Given the current rate at which the water level is dropping and without the rainfall necessary to either raise water levels or slow the rate of subsidence, it is anticipated that Stage 5 restrictions will go into effect within the next 10 days.

West Fork Reservoir  (as of 10/12/07)

• Water level is 60" below spilling
• Water storage capacity remaining is 69.1%  
• Approximately 228 days of water supply remaining (assuming Town's current release rate (3.3 cfs, 2.13 mgd) and demand. 
• Since 9/11/07, the Town has been releasing a level of flow into the river sufficient to meet or exceed that which is required for its own use and its minimum instream flow release.
• Hillsborough's water customers are not currently under any prohibitions or restrictions on water use.  Hillsborough's water conservation ordinance calls for voluntary restrictions will go in place when remaining storage falls to 180 days of water supply.  However, it is possible that the Hillsborough Board will call for voluntary restrictions before that time in answer to Governor Easley's call for statewide water conservation.

OWASA Reservoirs

• Water level at Cane Creek Reservoir is 117.8" below full
• Water level at University Lake is 92.5" below full
• Total remaining water storage capacity is approximately 51.5 %
• Approximately 175 days of water supply remaining (at current 30-day average daily demand [8.9 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.  The OWASA Board of Directors has called a special meeting for Oct. 18^th, at 7:00 PM to discuss declaring a "Stage II Water Shortage".  Stage II provisions add additional restrictions to those of Stage I, including increased commodity surcharges to water use in excess of specified flows (800 gallons per day residential, down from 1000 gallons per day residential), no spray irrigation except for those selling plants, only commercial vehicle washing operations where 50% of water is recycled.

National Weather Service/NOAA Regional Precipitation data

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

RDU                                                               Piedmont-Triad 

-3.63" since September 1, 2007                       -5.18" since September 1, 2007

-9.23" since January 1, 2007                            -14.78" since January 1, 2007

Miscellaneous notes

1. The NC Drought Management Advisory Council drought map, updated October 16, 2007, shows that all of Orange County is within the area characterized as experiencing "exceptional drought" (the most severe drought condition used) in terms of climatic conditions.

2. Given that Orange Alamance's withdrawals are now averaging well below historical levels (and, we are advised, has withdrawn no water at all from the Eno for the past several weeks); Piedmont Minerals withdrawals are but a tiny fraction of its historical levels of withdrawal; and excess releases by Hillsborough, the water level at Lake Orange, though quite low, is well above historical expectations, given the current lack of rainfall..