Regular Meeting
Monday, December 5, 2005
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.  

ESTIMATED TIMES LISTED AFTER EACH ITEM - these are approximate times.  Citizens are encouraged to be at the meeting at the starting time.  The Board usually considers items in the order listed and proceeds at a steady pace.  As a courtesy to others, speakers are asked to limit their comments to three minutes.

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 (7:30-7:40)

a.       Election of Chair and Vice-Chair  Barry Jacobs - Chair, Steve Halkiotis - Vice-Chair

b.      Designation of Voting Delegate for all NCACC and NACo meetings for Calendar Year December 1, 2005-2006  Barry Jacobs

Appointments (7:40-7:50)

a.       Manager  John Link

b.       Clerk to the Board Donna Baker

c.       County Attorney  Geof Gledhill

1.  Additions or Changes to the Agenda (7:50-7:55)

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 (7:55-8:05)

(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.  Board Comments (8:05-8:20)

4.  County Manager's Report (8:20-8:25)

5.  Items for Decision--Consent Agenda (8:25-8:35)

a.         Minutes APPROVED

The Board will consider correcting and/or approving the minutes from the October 3, 2005 regular meeting as submitted by the Clerk to the Board. 

b.         Appointments

(1)      Commission for the Environment - Reappointments APPROVED

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

(2)      Orange Person Chatham Area Programs Board - One Reappointment APPROVED

The Board will consider making one reappointment to the OPC Area Board. 

c.         Property Tax Refund APPROVED

The Board will consider adoption of a refund resolution related to one (1) request for property tax refund in accordance with the N.C. General Statute 105-381. 

d.         Property Tax Releases APPROVED

The Board will consider adoption of a resolution to release property values related to four (4) requests for property tax release in accordance with the N.C. General Statute 105-381. 

e.         Property Value Changes APPROVED

The Board will consider approving value changes made in property values after the 2005 Board of Equalization and Review adjourned. 

f.          Personnel Ordinance Revision - Drug and Alcohol Testing APPROVED

The Board will consider a revision to the Orange County personnel Ordinance to implement the new State law effective December 1, 2005 requiring that the County report any positive drug or alcohol test for an employee in a Federal Transportation Administration (FTA) safety sensitive position to the North Carolina Division of Motor Vehicles, effective December 1, 2005. 

g.         RFP Award: Surveying at Landfill APPROVED

The Board will consider awarding an RFP for miscellaneous survey work as required for Solid Waste Management operations to Summit Consulting Engineers of Hillsborough, North Carolina for a period of three years with the option of extending the agreement an additional three years and authorize the Manager to sign. 

h.         Budget Amendment #6 APPROVED

The Board will consider approving budget and grant project ordinance amendments for fiscal year 2005-06. 

i.           Approval of Subordination Agreement Related to Hurricane Floyd Mitigation Program APPROVED

The Board will consider approving an agreement related to a bank loan against property acquired by homeowners who participated in the federal Hazard Mitigation Grant Program (HMGP) following damage to their property during Hurricane Floyd in 1999 subject to final review by staff and the County Attorney, and authorize the Chair to sign. 

j.           Draft Environmental Responsibility Goal APPROVED

The Board will receive the recommendation of the Commission for the Environment on a draft Environmental Responsibility in County Government goal and consider adoption of the goal. 

k.        Examination of Bonds APPROVED

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

l.           SportsPlex Management Agreement and Purchase Agreement Amendments APPROVED with CHANGES

6.  Resolutions or Proclamations (8:35-9:00)

a.         Proclamation Recognizing Human Rights Week, Human Rights Day and The Bill of Rights Day APPROVED

The Board will consider a proclamation to officially recognize Human Rights Week, Human Rights Day, and the Bill of Rights Day in Orange County during the month of December and authorize the Chair to sign. 

b.         Resolution Honoring Chapel Hill Creamery APPROVED

The Board will consider recognizing Chapel Hill Creamery and its owners - Flo Hawley and Portia McKnight - upon the recognition of Hickory Grove cheese as one of the top ten cow's milk cheeses in the South. 

c.         Influenza Vaccine Supply Resolution and Pandemic Preparations APPROVED

The Board will consider adopting an "Influenza Vaccine Supply Resolution" and to hear an update on local plans for pandemic response. 

d.         Resolution - Land for Tomorrow APPROVED

The Board will consider a resolution in support of the Land for Tomorrow coalition, which is proposing a November 2006 statewide bond for open space land protection. 

7.  Special Presentations (9:00-9:25)

a.         Durham Technical Community College Orange County Campus Report APPROVED with MANAGER'S RECOMMENDATIONS

The Board will receive a report on the evaluation of the September 20, 2005 Durham Technical Community College (DTCC) concept plan as it related to the site plan elements of "Smart Growth" and make suggestions; and to consider authorizing CRZ to complete the design work for the park and ride lot as part of the DTCC contract for an amount not to exceed $20,020. 

8.  Public Hearings (9:25-9:40)

a.         North Carolina Community Transportation Program (CTP) Administrative and Capital Grant Application for FY2006/2007 APPROVED

The Board will conduct a public hearing on the FY2006/2007 North Carolina Community Transportation Program (CTP) grant application by Orange Public Transportation and approve the grant application including adoption of a resolution authorizing an agreement with the North Carolina Department of Transportation for all necessary assurances and authorize the Chair to sign the Community Transportation Program Resolution and Annual Certified Statements of Participation. 

9.  Items for Decision--Regular Agenda

a.         Draft Energy Conservation Policy and Report on Energy Use and Costs (9:40-9:55) APPROVED as AMENDED

The Board will consider adoption of an Energy Conservation Policy covering Orange County Government facilities and equipment, in follow up to the Board's Environmental Responsibility goal and to receive a report on building energy use and possible energy conservation performance measures. 

b.         Draft Vehicle Fuel Conservation Policy and Report on Fuel Use and Costs (9:55-10:10) APPROVED

The Board will consider adoption of a Vehicle Fuel Conservation Policy covering Orange County Government vehicles and motorized equipment, if follow up to the Board's Environmental Responsibility goal and to receive a report on vehicle fuel use and possible fuel conservation performance measures. 

c.         Capital Purchase for Server Replacement (10:10-10:25) APPROVED

The Board will consider authorizing the purchase of a computer server dedicated to storing and managing countywide data from 4Front Technologies, via pricing from the purchase contract awarded by the State of North Carolina and authorize the Purchasing Director to execute any paperwork necessary to effect the purchase.  

d.         Appointments (10:25-10:30)

(1)         Air Quality Advisory Committee - Initial Appointments APPOINTMENTS MADE

The Board will consider making appointments to the Air Quality Advisory Committee. 

(2)         Carrboro NTA Advisory Board - One New Appointment DEFERRED

The Board will consider making one new appointment to the Carrboro NTA Advisory Board. 

(3)         Central Orange Senior Center Design Committee - Appointments and Charge APPOINTMENTS MADE

The Board will consider appointments to the Central Orange Senior Center Design Committee including its charge, timeline, and composition. 

(4)         Commission for Women - New Appointments DEFERRED

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

(5)         Hillsborough Strategic Growth Plan Consultant Selection Committee - Appointments DEFERRED

The Board will consider appointment of a BOCC representative and Orange County Planning Board member to consultant selection committee for Hillsborough Strategic Growth Plan. 

(6)         Orange County Planning Board - New Appointment DEFERRED

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

10.  Reports

11.  Closed Session (10:30- )

a.         "To discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143-318.11(a)(5).  HELD

12.  Adjournment

Orange County Water Supply Reservoir Water Levels

Available information as of 2:00 PM, Thursday, December 1, 2005

Lake Orange

·         Water level has risen to a point of 5'9" below full (from a low of approximately 8'-1"below full)

·         Water storage capacity remaining is approximately 50% (237 million gallons)

·         Approximately 86 days of water supply remaining (at Capacity Use specified release rate, however, current release is minimal - see note 3 below)

·         Eno River Capacity Use Restrictions returned to Stage IV as of 11/28/05 and the current water level returns restrictions to Stage III as of 2:00 PM today.

West Fork Reservoir  

·         Water level is 2'-5" below full

·         Water storage capacity remaining is approximately 88.7%

·         Approximately 250 days of water supply remaining (assuming Town's current daily demand and releases for streamflow augmentation, as well as releases normally supplied by Lake Orange)

OWASA Reservoirs

·         Water level at Cane Creek Reservoir is 7'-10" below full

·         Water level at University Lake is 6'-1.8" below full

• Total remaining water storage capacity is approximately 59.5%

·         Approximately 280 days of water supply remaining (at current average weekly demand)

Regional Precipitation data (inches above [+] or below [-] normal)

RDU

• -6.70" for 2005
• +0.75" for November 2005
• -3.81" since September 1, 2005

Piedmont-Triad

·         -10.48" for 2005

·         +0.67" for November 2005

·         -3.75" since September 1, 2005

Miscellaneous notes

1. Eno River Capacity Use Agreement conditions for Stage IV include 450,000 gpd release from Lake Orange to maintain instream flow.
2. Recent high flows in the Eno have, for the time being, eliminated most of the effects of  beaver activity and the formation of a number of the instream catchments.
3. Current release from Lake Orange is approximately 0.5 cfs as necessary to provide minimal flow in the Eno River east fork between Lake Orange and confluence of east and west forks.   Since 11/8/2005, all other demands, including Piedmont Minerals, Orange-Alamance, instream flow, channel loses, etc., are being met by release from Hillsborough West Fork Reservoir.