Regular Meeting
Tuesday, December 11, 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.      Resolution Recognizing and Honoring Barbara Baker  APPROVED

The Board will consider a resolution recognizing Barbara Baker, retiring Vice President of Student Support Services for Durham Technical Community College, for service to Orange County and the local community. 

b.      2006-2007 Comprehensive Annual Financial Report (CAFR) REPORT RECEIVED

The Board will receive the Comprehensive Annual Financial Report (CAFR) and SportsPlex Report for the fiscal year ended June 30, 2007. 

b-1.      Resolution Recognizing Ken Chavious APPROVED

c.      Resolution Authorizing Contract to Purchase Real Property from Fred M. Kirby APPROVED

The Board will consider a resolution authorizing Orange County's purchase of approximately 145 acres of land from Fred M. Kirby for a future Northeast Orange district park site subject to a conservation easement on the property granted to Triangle Land Conservancy or granted to another qualified conservation organization and authorize the Chair to sign, subject to final review by staff and the County Attorney. 

d.      Final Feasibility Study Report for the Regional Value-Added Shared Use Food Processing Center REPORT RECEIVED

The Board will receive the final feasibility study report for the Regional Value Added Shared Use Process Center and consider scheduling a work session to discuss the findings. 

e.      Presentation of Orange County Schools 2008-18 Unfunded Capital Needs REPORT RECEIVED

The Board will receive a presentation of Orange County Schools 2008-18 Unfunded Capital Needs. 

4.  Consent Agenda

a.      Minutes APPROVED

The Board will consider correcting and/or approving the minutes from the November 13, 2007 joint meeting with the Board of Health and the 7:30 p.m. Work Session as submitted by the Clerk to the Board. 

b.      Appointments - None

c.       Motor Vehicle Property Tax Release/Refunds APPROVED

The Board will consider adoption of a refund resolution related to 54 requests for motor vehicle property tax releases or refunds in accordance with North Carolina General Statutes. 

d.      New Dental Fee for Occlusal Guards and Fee Adjustment APPROVED

The Board will consider approving a new fee for occlusal guards and adjustment in one current fee for the Health Department. 

e.      Negotiations with Property Information Management System Software Vendors APPROVED

The Board will consider giving approval to negotiate with Property Information Management System software vendors and related consultants for project management and specialized legal counsel in order to develop a contract proposal for implementation of a new land records and property taxation system. 

f.        Residential Anti-Displacement and Relocation Assistance Plan APPROVED

The Board will consider adopting a Residential Anti-Displacement and Relocation Assistance Plan for Orange County. 

g.      Impact Fee Reimbursement APPROVED

The Board will consider approving the impact fee reimbursement request from Habitat for Humanity of Orange County, NC, Inc. for $21,000 for seven new homes. 

h.      CJPP 2007-2008 Service Continuation Contracts APPROVED

The Board will consider approving contracts for the continuation of services provided through the NC Criminal Justice Partnership Program and authorize the Chair to sign subject to final review by staff and the County Attorney. 

i.        West Ten Soccer Center Phase II Contract Award APPROVED

The Board will consider awarding a bid and approving a contract to Brooks Construction in an amount not to exceed $1,660,933 for Phase II construction of the West Ten Soccer Center; and authorize the Chair to sign. 

j.        Contract Approval: Leading and Governing Associates Training and Facilitation Services APPROVED

 The Board will consider approving an agreement with Leading and Governing Associates for training and facilitation services associated with the County Commissioner retreat and Department Director training; and authorize the Manager to execute the agreement. 

k.      Contract Approval: Professional Services Contracts Associated with the Design of County Campus Buildings APPROVED

 The Board will consider approving contracts with Brockwell and Associates, Inc. in the amount of $249,235 and Engineered Designs, Inc. in the amount of $148,571 for work associated with the design of the office and library buildings on the expanded County campus in downtown Hillsborough; and authorize the Chair to sign. 

l.        Contract Award: Construction Manager at Risk Services for Emergency Services Facility APPROVED

 Additional document - Contract (14 MB)

The Board will consider approving the Construction Manager at Risk agreement, including the Guaranteed Maximum Price, with Resolute Building Company for the upfit of the Emergency Services Facility at 510 Meadowlands Drive, Hillsborough; and authorize the Chair to sign. 

m.    SportsPlex Facility Management Agreement APPROVED

The Board will consider renewing an agreement with Recreation Factory Partners, Inc. to provide facility management for the Triangle SportsPlex; and authorize the Chair to sign, contingent upon attorney review. 

n.      Use Agreement with KidsCope for Space at Northside APPROVED

The Board will consider authorizing the use of space at the Northside facility as program space for KidsCope; and authorize the manager to negotiate and execute the agreement. 

o.      FY 2007-08 Budget Amendment # 5 APPROVED

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

p.      Recommendation to NCDOT Concerning the Addition of Roads Within the Charles' Woods Subdivision to the State Road System APPROVED

The Board will consider making a recommendation to the North Carolina Department of Transportation concerning a petition to add roads within the Charles' Woods Subdivision to the State Maintained Secondary Road System. 

q.      Strategic Growth - Rural Conservation (SGRC also known as TDR) Consultant Implementation Update/Possible Contract Amendment APPROVED

The Board will receive an update of the SGRC/TDR consultant work and consider a contract amendment. 

r.       Approval of Salary of the Orange County Elections Director APPROVED

The Board will consider approving the salary of the new Orange County Elections Director. 

s.       Approval of Sanitary Sewer Easement on Elementary School #10 Site and Proposed Cost-Share Agreement APPROVED

The Board will consider approval of a sanitary sewer easement to the granted to the Orange Water and Sewer Authority (OWASA) for future sewer service around the new Chapel Hill Carrboro City Schools Elementary School #10 site; and to consider approval of a cost-share agreement between Orange County, M/I Homes and Priority Development for sewer extension construction and authorize the County Manager to execute the agreement. 

t.        Authorization to Submit Grant Request to N.C. Agricultural Development and Farmland Preservation Trust Fund APPROVED

The Board will consider authorizing staff to make grant applications to the North Carolina Agricultural Development and Farmland Preservation Trust Fund by the December 14, 2007 deadline. 

u.      Short-Term Lease: Parking Spaces at 501/503 W. Franklin Street APPROVED

v.        County Manager's Salary APPROVED

w.        Change in BOCC Regular Meeting Schedule for 2008 APPROVED

x.        Change in BOCC Regular Meeting Schedule for 2008 APPROVED

y.        Safe Routes to School Action Plan Application APPROVED

z.        Authorization for Additional Funding and Time for Hillsborough Farmer's Market Mediation Activities APPROVED

5.  Public Hearings

6.  Regular Agenda

a.         Landfill Gas Recovery Process Options DEFERRED

The Board will consider additional information needed to evaluate the proposed options for developing a gas recovery project at the Orange County Landfill. 

b.         Professional Services Agreement with Corley Redfoot Zack for Space Planning Associated with Space Reallocation at Link Center APPROVED AS AMENDED

The Board will consider authorizing the Manager to enter into an agreement with Corley Redfoot Zack in and amount not to exceed $14,700 for space planning services associated with the Link Center remodeling project that will occur following the opening of the new county campus buildings in 2008; and exempt this project from the qualifications-based selection process as allowed by G.S. 143-64.32

c.         Schools Adequate Public Facilities Ordinance (Schools APFO) - Approval of Membership and Capacity Numbers APPROVED

The Board will consider approval of November 15, 2007 membership an capacity numbers for both school districts (Orange County and Chapel Hill-Carrboro City Schools) which will be used in developing 10-year student membership projections and the 2008 SAPFO Technical Advisory Committee Report and authorize the Chair to sign. 

d.         Report on the Consultant Services to Determine Topographic Elevation Data and Authorization to Proceed with a FEMA Grant Application APPROVED

The Board will review the results of the land surveying for the floodplain elevation certificates surveying project and consider authorizing staff to proceed with a FEMA Hazard Mitigation Grant Program.   

e.         Transfer Station Site Search Consultant Selection APPROVED

7.  Reports

a.         Recreation and Parks Facility Use Policies DISCUSSED

The Board will consider policies associated with use of recreation and parks facilities and properties. 

b.         Comprehensive Plan Update - Staff/Consultant Report RECEIVED

The Board will receive a brief presentation from staff and Roger Waldon, Clarion Associates, on the status of the Comprehensive Plan Update and proved an opportunity for the Board of County Commissioners to ask questions and provide feedback. 

8.  Board Comments

9.   County Manager's Report

10.  Appointments

a.         Chapel Hill/Orange County Visitors Bureau - New Appointment APPROVED

The Board will consider making a new appointment to the Chapel Hill/Orange County Visitors Bureau. 

11.  Information Items

·           BOCC 2007 Goal: Smart Growth /Green Building Report

·           BOCC 2007 Goal - Land Conservation Report

·           Update on Whitted Human Services Center Renovations

12.  Closed Session - NONE

13.  Adjournment

Orange County water supply reservoir water levels

Available information as of 1:00 PM, Thursday, December 6, 2007 

Lake Orange

• Water level is 93.5" below spilling, and we remain in Stage 5 Eno Capacity Use restrictions
• Water storage capacity remaining is 37.8% (178 million gallons)
• Approximately 68 days of water supply remaining (at Capacity Use specified release rate)
• The Hillsborough gage indicates current Eno River flow to varies between 2.0 and 3.0 cfs (approximately 1.3 to 1.9 mgd).  There 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 11/30/07)

• Water level is 88" below spilling
• Water storage capacity remaining is 54.0%  
• Approximately 202 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 (as of 12/06/07)

• Water level at Cane Creek Reservoir is 158.25" below full
• Water level at University Lake is 81.25" below full
• Total remaining water storage capacity is approximately 45.4 %
• Approximately 214 days of water supply remaining (at current 30-day average daily demand [7.54 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 

-                             -8.75" since January 1, 2007                   -11.90" 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.