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HomeMy WebLinkAboutMinutes - 20020116APPROVED 2/19/02 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING January 16, 2002 The Orange County Board of Commissioners met in regular session on Wednesday, January 16, 2002 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Margaret W. Brown, Moses Carey, Jr., Alice M. Gordon and Stephen Halkiotis COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod Visser and Clerk to the Board Beverly A. Blythe (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. Reception honoring 15 living former Orange County Commissioners - 7 p.m. As part of the celebration of the County's 250th anniversary, the Orange County Board of Commissioners honored all the living former County Commissioners at a reception at 7:00 p.m. The list of those in attendance and their years as a County Commissioner is printed below: Carl M. Smith 1962-1970 William C. Ray 1964-1972 Ira A. Ward 1966-1973 Norman Walker 1970-1986 Norman Gustaveson 1974-1982 Don Wilhoit 1976-1996 Anne C. Barnes 1978-1981 Shirley E. Marshall 1981-1990 Ben Lloyd 1982-1986 John W. Hartwell 1986-1990 Verla C. Insko 1990-1994 William L. Crowther 1994-1998 Moses Carey, Jr. 1984- Stephen H. Halkiotis 1986- Alice M. Gordon 1990- Margaret W. Brown 1996- Barry Jacobs 1998- The list of those invited but unable to attend is printed below: Flora R. Garrett 1972-1976 Melvin Whitfield 1973-1974 Jan Pinney 1974-1978 Special Recognition of Former Orange County Commissioners The former County Commissioners in attendance were presented with a paperweight with their name and the years they served as a County Commissioner engraved thereon. Chair Jacobs said that this year will be the 250th anniversary of the start of Orange County government and they thought it would be appropriate to start the year recognizing former living County Commissioners. He also mentioned the other elected officials in County government and said that we by no means want to slight them. He said that history is a lot of emotional, spiritual, and physical labor for those who make decisions in County government. He introduced those former County Commissioners who were present. 1. ADDITIONS OR CHANGES TO THE AGENDA The Board added 8-n, Changes in Board of County Commissioners' meeting schedule. PUBLIC CHARGE Chair Barry Jacobs dispensed with the reading of the public charge. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not on the Printed Agenda Shawn Jefferies spoke about the parkland at Eubanks Road and Old NC 86. He is a representative and council member of the Occaneechi Band of Saponi Nation. His tribe serves the members that live in Orange County, Alamance County, and Caswell County. He said that his tribe understands that Orange County is in the process of commissioning a new park near the intersection of Eubanks Road and Old NC 86. His tribe would like to invite the County Commissioners to use some of the traditional Native American language in the naming of the park. The tribe is eager to work with the County Commissioners or any committee in finding an appropriate name for the park as well as a translation. He left some contact information. He thanked the Board of County Commissioners on behalf of the Occaneechi Band of Saponi Nation for the attention given to this matter. Commissioner Halkiotis asked for some information about the written language. Chair Jacobs asked Mr. Jefferies to contact Environment and Resource Conservation Director David Stancil about this matter. Commissioner Gordon said that it was an excellent suggestion to consider using the Native American language as the name for the park. b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.) 3. BOARD COMMENTS Commissioner Halkiotis said that today he and Commissioner Carey represented the County Commissioners and traveled to Guilford County to visit a program called Middle College. This is a program for young people who do not thrive in a traditional high school setting. At Guilford Tech, the program starts at 12:00 and runs until 5:00. The students can also take college course work during the morning. The YMCA is also giving gym space at a very reasonable price for this program. He said that this was a very cost-effective program. There is one principal and six teachers for 120 students. He said that we should work on getting a program like this in Orange County. Commissioner Carey said that what was important about the program was the concept of caring for the kids. He said that the program was funded through existing streams of revenue through the state school system, with very little local funds involved. He said that we should begin immediately to work with both school systems to try to develop this concept or some variation. He said that this alternative is one that has the flexibility to pull students back in and it invigorates them. Commissioner Halkiotis said that this program was exciting. One principal said that he has had no phone calls from any of the parents complaining since the program started. This is significant for a high school program. He would be more than willing to represent this group as it moves along. Commissioner Halkiotis said that we have not received a response from Governor Easley's office regarding the resolution sent about using the National Guard to help with security at the Shearon Harris Plant and all nuclear power plants in North Carolina. He thinks another letter should be sent to the Governor asking him if he received the first resolution. He would like a response to the resolution. Commissioner Gordon gave a report on the activities of the Transportation Advisory Committee for the Durham-Chapel Hill-Carrboro MPO. They continue to work on the 2025 Transportation Plan. They have received a draft of the Regional Priority List for the fiscal year 2004-2010 TIP. This draft has been released for public comment. A public hearing has been set for February 13th at 7:00 p.m. in the Durham City Hall building. Commissioner Gordon said that the Triangle J Council of Governments Smart Growth Committee held a meeting today and there was a yearly review. The research group reported that apartment vacancy is up, office vacancies are up, industrial vacancies are up, and retail vacancies are up. These results are not surprising in a market like this. Chair Jacobs thanked Beverly A. Blythe, Evelyn Cecil, and Nancy Paciga for putting together the reception tonight for the former County Commissioners. He also thanked Reverend Maria Palmer for helping to instigate the trip today to Greensboro. She is a member of the state Board of Education and was very enthusiastic about having the school systems work on the Middle College program. Chair Jacobs said that the Central Orange Senior Center is going to have its open house and grand opening on January 29th at 10:30 a.m. Chair Jacobs said that he, the Vice-Chair, and John Link had a meeting yesterday with State Representative Nelson Cole who will represent some of the northern areas of Orange County. They talked about some of the issues of interest in the County (farming, schools, taxes, transportation, etc). This was a very productive meeting. Chair Jacobs said that, in reading the newspaper, he noticed that some Orange County residents were at the hearing held in Graham about the medical waste incinerator, which is allegedly violating air quality standards. He asked that staff get some of the information as to what is at issue and some direction if we want to talk to some of the Alamance County Commissioners about this issue. 4. COUNTY MANAGER'S REPORT County Manager John Link said that the staff has continued communication with Mr. John Robinson of Mebane. The staff told him that we would publicly tonight recommit ourselves to work with DOT and help his neighbors and him to resolve this issue. 5. RESOLUTIONS/PROCLAMATIONS a. Resolution Accepting Conservation Easement Donation -Carl and Eve Shy The Board considered a resolution approving a conservation easement donation agreement with Carl and Eve Shy for land in Bingham Township. Environment and Resource Conservation Director David Stancil made a PowerPoint presentation with some photographs of the property. The property is 45 acres and is within the Cane Creek Watershed Critical Area. The property is very remarkable including woodlands, wildlife habitat, prime farmland, rural character, and open space. There is an artist studio on the property. There are agricultural fields, which are about 35-40% of the property. It is leased to a local farmer that produces hay and corn. Over 50% of the property is woodlands (mature mixed hardwoods and pines). There are also some nature trails and two streams on the property. Mrs. Eve Shy said that they have been residents of Orange County since 1968 and purchased their property in Bingham Township in 1979 and 1980. They were planning on building their retirement home in the future, but their weekend explorations of their land made them aware of its heartbeat; its abundant variety of trees, plants, and animals; and the beauty of its seasons. They found it more and more difficult to go back to their house in town, so in 1982 they moved into the new home overlooking the pond. They pledged to one another to be good stewards of the land, and they believe they have been. They received numerous phone calls from logging companies for their timber and letters from developers wanting their property. Both Carl and Eve decided they would like to keep their property as a natural green space for future generations to see what Bingham Township looked like back then. The conservation easement program serves their goal and they are pleased to give the easement to Orange County. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve and authorize the Chair to sign the resolution as stated below: RESOLUTION Approval of a Conservation Easement between the County of Orange and Carl and Eve Shy WHEREAS, Orange County has adopted goals promoting the preservation of natural areas, wildlife habitat, farmland and open space in the County; and WHEREAS, Orange County has adopted measures that exceed State minimum standards to protect public water supply watersheds, including the Cane Creek watershed which provides drinking water to the 65,000 residents of Chapel Hill and Carrboro; and WHEREAS, one component of the Lands Legacy program is the acquisition of conservation easements on lands that include natural areas, wildlife habitat and prime or threatened farmland within water supply watersheds; and WHEREAS, the Shys have been exemplary stewards of this property by protecting riparian corridors, maintaining healthy woodlands and prime farmland, planting native trees and plant species, being highly judicious in their use of fertilizers and pesticides, and by instilling their land conservation values into their children and grandchildren; and WHEREAS, a conservation easement provides awin-win scenario -ensuring the preservation of this land for future generations in private ownership and providing some level of tax benefits for the Shy family: NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners for the County of Orange do hereby approve the execution of this conservation easement with Carl and Eve Shy for 44.71 acres in Bingham Township, in accord with the terms of the attached easement agreement, and authorizes the Chair to sign the easement agreement on behalf of the Board, with a closing to occur on or before July 31, 2002. BE IT FURTHER RESOLVED that the Board thanks the Shys for their civic-minded interest in pursuing a conservation easement, and for enhancing the County's Lands Legacy program. This, the 16th day of January 2002. VOTE: UNANIMOUS b. Resolution Supporting Proposed Durham County Grant for Establishing Mountain Bike Trails at Little River Regional Park The Board considered a resolution regarding the potential award of funds by Durham County for future construction of mountain bike trails at Little River Regional Park. Land Conservation Manager Rich Shaw made this presentation. He said that Orange County is working with Durham County in getting Little River Regional Park ready and open for public use. They are in the process of hiring a contractor to help design the facilities in time for construction this fall. In the meantime, Durham County's Open Space and Trails Commission is poised to recommend granting funds from Durham's matching grant program to anon-profit organization for the design and construction of mountain bike trails within the park. The Durham/Orange Mountain Bike Organization (DOMBO) applied for $4,150 from Durham's matching grant program. The funds are only awarded in January of each year. Durham County would like to award the funds now so that they would be available once the park site plan has been approved by both Boards of Commissioners later this year. The resolution is in support of the potential awarding of the grant funds by Durham County for the establishment of mountain bike trails on for the establishment of mountain bike trails on the conditions that: A) no trail construction occur prior to the park site plan approved by both Boards of Commissioners; and B) future maintenance of mountain bike trails be consistent with an agreement approved by both counties. Commissioner Gordon asked questions about the resolution and said that it does not state exactly what is in the abstract on page two, which is that the facilities must be administered by DOMBO. She said that it would make more sense to have a time limit for the administration by DOMBO. Rich Shaw said that Durham's expectation is for DOMBO to maintain the trails for a period of one year. A time limit could be included in the agreement between both counties. Commissioner Carey said that it is significant to note that the $4,100 is part of the total cost and that there is at least another $4,600 worth of labor which is going to be donated. Commissioner Halkiotis asked if we have put anything in place to be sure that motorized vehicles are not intruding on County lands. Rich Shaw said that the County has posted the property indicating that motorized vehicles are not allowed. He does visit the property about two times a month and they depend on the public to let the County know if this does occur. Chair Jacobs said that he expects that any of the issues that the County Commissioners have raised would be addressed in the agreement and Rich Shaw said that the issues would be addressed. Commissioner Brown asked what the outcome would be if someone went on the property with a motorized vehicle. County Attorney Geoffrey Gledhill said that if the property is not posted with a "No Trespassing" sign, then there would need to be an ordinance to regulate this kind of activity. John Link said that staff would work with Durham on some kind of ordinance to address this issue. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the resolution as stated below: RESOLUTION Potential Durham County Grant for Construction of Mountain Bike Trails at Little River Regional Park and Natural Area WHEREAS, Orange County and Durham County purchased a 391-acre property in 2000-2001 for establishing the Little River Regional Park and Natural Area; and WHEREAS, Orange County and Durham County collaborated with the Triangle Land Conservancy and the Eno River Association to acquire this property for the purposes of protecting a water supply watershed, preserving important wildlife habitat and open space, and providing citizens with an new area for low-impact recreation; and WHEREAS, Orange County and Durham County will jointly own and manage the park in accordance with a forthcoming inter-local agreement to be approved by both county boards of commissioners; and WHEREAS, Orange County and Durham County have agreed to allow mountain biking on designated trails within the park in accordance with a park master plan to be approved by both county boards of commissioners; and WHEREAS, Durham County has a Matching Grants Program that assists nonprofit organizations to preserve open space lands and promote new or improved recreational opportunities; and WHEREAS, the Durham Open Space and Trails Commission (DOST), which administers the Matching Grants Program, has received an application from the Durham-Orange Mountain Bike Organization (DOMBO) for matching funds to design, construct and maintain mountain bike trails in the park; and WHEREAS, the proposed mountain bike trails would not be constructed until a site plan for the park has been developed and approved by both county boards of commissioners: NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners do hereby agree to the potential awarding of grant funds by Durham County for the establishment of mountain bike trails at the Little River Regional Park and Natural Area on the conditions that a) no trail construction occur prior to Park site plan approval by both Orange County and Durham County Commissioners and b) future maintenance of mountain bike trails be consistent with an agreement approved by both Orange and Durham counties. VOTE: UNANIMOUS c. Human Relations Month The Board considered proclaiming the month of February as Human Relations Month. Human Rights and Relations Director Annette Moore made this presentation. Tristen English, Co-chair of the Human Relations Month Committee, told about the events that will take place during the month of February. He read the proclamation. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the proclamation as stated below: HUMAN RELATIONS MONTH PROCLAMATION WHEREAS, as we begin ourjourney into the new millennium it is of the utmost importance that we take all steps necessary to eradicate practices of discrimination against individuals, which are detrimental to the peace, welfare and progress of our County; and WHEREAS, the Human Relations Commission believes that in order to achieve justice and equal opportunity for all Orange County residents, we must all strive to create an atmosphere where people are valued and accepted rather than merely tolerated, and therefore continue to promote that idea through the theme: "Building Bridges: From Tolerance to Acceptance"; and WHEREAS, the Human Relations Commission honors youth leaders, individuals and businesses who exemplify the ideals of justice and equality in the tradition of Dr. Pauli Murray with an award; and WHEREAS, the Orange County Human Rights and Relations Commission and Department have diligently served the County of Orange since 1995 and are committed to promoting equal treatment, opportunity and understanding throughout the community; and WHEREAS, the County's Civil Rights Ordinance specifically prohibits discrimination based on an individual's race, color, creed, religion, national origin, sex, disability, age, veteran status and familial status; and WHEREAS, the County recognizes the dignity and worth of each individual and desires to promote and maintain a climate of good will among individuals, races, ethnic groups and persons of varying social, religious and economic status, ancestry, sexual orientation, marital status or status with regard to public assistance; NOW, THEREFORE, We, The Board of County Commissioners of Orange County, North Carolina, do hereby proclaim February 2002 as "HUMAN RELATIONS MONTH" in Orange County and challenge our citizens to celebrate multiculturalism in our county by encouraging citizens to embrace our diversity. This, the 16th day of January 2002. Commissioner Brown asked that a member of the Occaneechi Saponi Nation be represented as one of the speakers for February 1St VOTE: UNANIMOUS 6. SPECIAL PRESENTATIONS -NONE 7. PUBLIC HEARINGS a. Orange County Hunting Ordinance This item was presented so that citizens could make comments on a proposed amended Orange County hunting and fishing ordinance. John Link expressed appreciation for Commissioners Halkiotis and Jacobs for leading the discussion over the last year with regard to the amendments. Geoffrey Gledhill said that Orange County sought and received legislation to make it unlawful to hunt with a firearm under the influence of alcohol or other impairing substances; to hunt with a firearm while having any blood alcohol concentration as measured by an alcosensor; and to hunt within 150 yards of any federal, state, or local government building, including buildings owned or leased by boards of education. The ordinance implements the enabling legislation. The ordinance does not create new terms but uses the definitions that are included in existing laws. The last sentence in paragraph 8 is unnecessary for that paragraph because that paragraph does not speak about impairing substances but only about alcohol concentration measured by an alcosensor. He recommends that this sentence be taken out. Chair Jacobs said that they worked closely with the hunting community in putting this together. They continue to be surprised that the State of North Carolina does not have similar restrictions. Commissioner Halkiotis said that during the committee meetings, it was unanimous that firearms and alcohol do not mix. He thanked the Sheriff and his staff and the Wildlife Resource Officer for their involvement. Commissioner Brown verified that this ordinance does prohibit people from entering onto private lands that are posted. She also asked if the ordinance applies to the extraterritorial areas of the Towns. Geoffrey Gledhill said that it could upon resolution of the Towns to make it applicable within the Towns. Commissioner Halkiotis said that there was testimony received from a wildlife officer who came across a person in Orange County just a few feet from the Caswell County line drinking beer and carrying a firearm. This person knew exactly where the Orange County line and the Caswell County line was and did his drinking in Orange County. Public Comment Sandy Ray lives off of Orange Grove Road. She said that there is a hunt club nearby and recently two new homes were built close to the hunt club. These are her neighbors. The neighbors have told her that there has been a lot of gunfire around their homes. She said that the hunt club members are killing animals and not taking them. Even though her land is posted, they do hunt on her land. She asked if there are any rules in place for hunt clubs or for owners of property outside the County. Geoffrey Gledhill said that the laws regulating hunters apply to hunt clubs also. As far as shooting around your home, he suggested that Ms. Ray call the Wildlife Officer because it is against the law to hunt negligently. Ms. Ray asked what is the responsibility of any person who hunts and kills animals and if they have to remove the animals. Commissioner Halkiotis suggested that Ms. Ray call the Sheriff's office and talk with him about this concern. A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to close the public hearing. VOTE: UNANIMOUS Commissioner Brown would like the ordinance to be passed on to the municipalities for their consideration with a letter from the Chair, specifically pointing out the extraterritorial jurisdiction issue. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to adopt and authorize the Chair to sign the ordinance and forward it on to the municipalities with a letter from the Chair as suggested by Commissioner Brown. VOTE: UNANIMOUS 8. ITEMS FOR DECISION -CONSENT AGENDA A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve those items on the consent agenda as stated below: a. Property Tax Refunds The Board approved one request for refund of property taxes totaling $565.47 in accordance with the resolution, which is incorporated herein by reference. b. Property Value Changes The Board approved value changes made in property values after the 2001 Board of Equalization and Review adjourned in accordance with the resolution, which is incorporated herein by reference. c. N.C. State Firemen's and Rescue Squad Pension Fund Certification Roster The Board approved and authorized the Chair to sign the certification requirements for the fire marshal to participate in the North Carolina State Firemen's and Rescue Squad Pension Fund, at no cost to Orange County. d. Rogers Road Main Waterline Project Change Orders The Board approved three change orders to the Rogers Road main waterline project. e. Small Business and Technology Development Center (SBTDC) 2001-2002 Contract The Board approved and authorized the Chair to sign a contract to continue support of small business development services for Orange County citizens, as stated in the Economic Development strategic plan. f. On-site Assessment and Senior Service Coordination at New HUD Housing Complex for Seniors (First Baptist and Manley Estates) The Board authorized on-site psychological assessments and service coordination for residents of First Baptist and Manley Estates senior housing complex. g_ Family Caregiver Support Program Contract with Triangle J Council of Governments TJ( COG1 The Board entered into and authorized the Chair to sign a contract with Triangle J Council of Governments Area Agency on Aging in the amount of $39,256 to provide family caregiver support services. h. Change in Board of County Commissioners Regular Meeting Schedule The Board amended its regular meeting schedule to add a retreat Saturday, February 2, 2002, beginning at 9 a.m. at the Olive Branch Inn in Rougemont. i. Reappointment to the Board of Health The Board reappointed Lee D. Werley III to the Board of Health for the term ending June 30, 2004. L Reappointment to the Chapel Hill-Orange County Visitors Bureau The Board reappointed Frances L. Dancy to the Chapel Hill-Orange County Visitors Bureau for a three-year term ending December 31, 2004. k. Reappointment to the Nursing Home Community Advisory Committee The Board reappointed Barbara Ording to the Nursing Home Community Advisory Committee for a term ending December 31, 2004. I. Minutes The Board approved minutes from the following meetings: Aug. 21, 2001 regular meeting; Aug. 27, 2001 quarterly public hearing; Aug. 30, 2001 work session; Sept. 4, 2001 regular meeting; Sept. 5, 2001 Bond Education Committee meeting; Sept. 18, 2001 regular meeting; Sept. 24, 2001 joint meeting with the school boards; Oct. 1, 2001 work session; Oct. 2, 2001 regular meeting; Oct. 11, 2001 meeting with Durham Tech; Oct. 16, 2001 regular meeting; Oct. 22, 2001 meeting with the town of Hillsborough; and, Oct. 22, 2001 work session. m. 4th Annual Agricultural Summit -Farmers' Forum The Board indicated their support for conducting the 4th Annual Orange County Agricultural Summit Farmers' Forum for February 17 at the Schley Grange Hall. n. Changes in Board of County Commissioners' Regular Meeting Schedule The Board amended their regular meeting calendar by changing the meeting scheduled for Monday, January 28th to a work session beginning at 6:00 p.m. at the Government Services Center in Hillsborough, canceling the January 30th scheduled meeting. VOTE ON THE CONSENT AGENDA: UNANIMOUS 9. ITEMS FOR DECISION -REGULAR AGENDA a. Renewal of Special Use Permit, Class A for Reba and Roses, Inc. - SUP(A)1-95 The Board considered the renewal of a special use permit, Class A, for Reba and Roses, Inc. Planning Director Craig Benedict made this presentation. He said that the business has been in operation under the original special use permit for six years. There is a regulation at this time that says that the applicant must renew the permit after six years if the previous conditions are met. The property is located on the corner of Baldwin and St. Mary's Road outside of Hillsborough. The property is approved under historic sites where there is anon-residential mixed-use development. The Planning Board unanimously approved the renewal of the special use permit. He said that the process and the categorization of this type of agricultural use mixed with some retail use might not fit well into the County's present regulations. A staff committee has been formed to try to find another "box" to fit this type of use into. This category would be for the long term. He read the eight conditions of the special use permit, which are stated below: 1. Assessment of structural integrity of all structures shall be conducted by a registered engineer. This assessment shall be provided to the Orange County Inspections Division for its review. This assessment may be relied upon by the Orange County Inspections Division in its permitting of the structures. This condition must be met within 60 days after this Special Use Permit is renewed. 2. All structural and physical handicapped accessibility improvements to the structures shall be made in accordance with Federal requirements and State Building Codes and must be approved by the Orange County Inspections Division. This condition must be met within 60 days after this Special Use Permit is renewed. 3. A Certificate of Occupancy must be issued by the Orange County Inspections Division following the necessary inspections of all structures for federal and Code compliance. This condition must be met within 60 days after this Special Use Permit is renewed. 4. The final site plan and narrative of the project incorporating all changes, deletions, and additions to the project are included herein and made a part of the Class A Special Use Permit. A copy of the final site plan and narrative are on file with the Orange County Planning and Inspections Department. 5. The landscaping described in the approved site plan and approved narrative shall be complied with, showing existing and proposed trees and other vegetation serving as a buffer on all sides. No trees will be cut down along Baldwin Road except at the location of the driveway as specified in the landscaping plan. All trees and other vegetation not removed as provided in the approved site plan and approved narrative shall be protected and maintained as required by Article 12 of the Orange County Zoning Ordinance. 6. Outdoor storage/stockpiling of materials for the area along Baldwin Road shall be of natural (i.e. not manmade) materials and shall not be of a malodorous or redolent nature. 7. A 75-foot Type E Buffer shall be provided along Baldwin Road along the width of the area used for outdoor storage of materials. 8. This Special Use Permit will expire and become null and void at 11:59 p.m. on the last day of the sixth year after it is issued as provided in Section 8.8.24.2 of the Orange County Zoning Regulations. Commissioner Halkiotis said that he has been visiting this establishment since the day it opened. He is prejudiced about this operation. He is pleased that the Planning staff is going to study our regulations so that a place like Reba and Roses does not have to endure a process so rigid. He is more concerned about junkyards on US 70 than he is about this natural splendor. Commissioner Brown said that she was embarrassed that we were putting this type of establishment through this kind of scrutiny and that we do not have a category that this kind of establishment fits into. She said that this is the type of business that we want in Orange County. She thinks it is absurd to have to go through this every six years. Commissioner Gordon said she also appreciated the contribution of Reba and Roses. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to close the public hearing and approve the renewal of the Special Use Permit, Class A, in accordance with the Resolution of Approval, which is incorporated herein by reference. The Planning and Economic Development Departments will come back to the Board with a new category for this type of establishment. VOTE: UNANIMOUS b. Public Safety Study Report and Recommendations The Board received a report on the County's public safety study on employee retention and recruitment in the Sheriff's Department and Emergency Management and considered approving recommendations for interim and longer term resolutions. Sheriff Lindy Pendergrass said that the salary retention problems began about 18 months ago when Chapel Hill, Hillsborough, and Carrboro had salary studies conducted. After the studies were conducted, most of the municipalities implemented the new pay plan. In 2001, Orange County lost ten law enforcement officers who were experienced from one year to ten years. In 2000, Orange County lost five law enforcement officers. He said that losing these experienced deputies did cause a hardship in the Sheriff's office and also in EMS. During this period of time the services did not decrease to the citizens of Orange County but they had to pay overtime to the existing employees. The deputies told him they did not understand how other departments were able to provide increments in the pay schedule and the Sheriff's Department could not. He told the deputies that he would ask for a study and he thanked the County Commissioners for having the study conducted. Each deputy continues to express that they feel like the grades are compressed and that they do not have a career ladder in order to move up in salary. He would like to retain all of the deputies that he currently has for future service to Orange County. He asked the County Commissioners to give strong consideration to the recommendations of the pay plan study. EMS Director Nick Waters said that recruitment and retention is a real problem in emergency services. He supports this study. He said that these are special people who do special jobs, and anything we can do to maintain the quality staff we have and recruit quality staff should be done. Personnel Director Elaine Holmes said that Personnel worked on this study in collaboration with the Sheriff and the EMS Director. The focus of the study has been on employee retention and recruitment. She gave a brief summary of the findings in the report. The three major findings are as follows: 1) There is a significant increase in turnover and we need to improve employee retention and recruitment in our public safety departments. 2) A significant factor in the turnover is a lack of advancement and promotional opportunities for non-supervisory employees in both departments. 3) The County has set high standards and expectations for our public safety personnel. Such expectations require the support of a strong pay plan and personnel system. There are three recommendations, which are listed below: 1) Retention salary adjustment as an interim measure for this year to address employee retention. A special one-step retention salary increase, or 5%, is recommended effective January 21, 2002. This would apply to employees who have one year of service as of January 1, 2002. The covered employees would be sworn law enforcement officers and their supervisors, EMS Telecommunicators and their supervisors, and EMS Paramedics and their supervisors. This includes 114 employees (77 in the Sheriff's Department and 37 in EMS). 2) Career Ladder concept. This will provide more career advancement opportunity to non- supervisory employees. The proposed career ladders will be brought back for the Board's consideration if the Board approves the concept. 3) Take an interim step and recognize Deputy Sheriffs that are certified as field training officers and classify them as Deputy II. Chair Jacobs said that this report was in response to a concern from the entire Board when the Sheriff and the EMS Director brought to the Board's attention the retention and recruitment problems. He said that the Board wanted to expedite the study and to support the departments, which are considered superior departments. Commissioner Halkiotis thanked Elaine Holmes for the data she gathered for this report. He said that the same thing is happening in the school systems. He said that the work of the Sheriff's Department is very dangerous work and they should be paid accordingly. He thinks that more should be done for both departments. Chair Jacobs pointed out that some of the Sheriff Deputies were not being paid a sufficient wage to be able to afford to live in Orange County. He also commended Elaine Holmes. Commissioner Carey commended all of the people who worked on this report. He said that the same results could probably be found in other areas of employment in County government. Commissioner Brown questioned the residency requirement. Sheriff Pendergrass said that he feels like the citizens would not be served as well as they are if the deputies lived outside of Orange County. He said that because deputies take home their cruisers, they are in the neighborhoods living inside the County, which helps them to get to know the people they serve. The response time can be shortened tremendously if his employees live within the County. Commissioner Halkiotis also made reference to the residency requirement and said that deputies fit into the affordable housing category. Commissioner Brown asked if there is any kind of survey or reference to employees in terms of race, sex, age, etc. Elaine Holmes will provide this information. Tim Pressley, former Orange County Deputy Sheriff, was signed up to speak to this item. He is now a Lieutenant with the Chapel Hill Police Department and he intends to run for Sheriff this year. He commended the Sheriff for attempting to obtain a raise for his employees. He said that during his research in getting ready to run for office, he discovered some things. In the Orange County Sheriff's Department there is only one person topped out and that is the Sheriff at $93,000 a year. Four years ago there were two -the Sheriff and his Major. He is suggesting that the Board look into this. He also recommends spending $3,500 to assess why people left the Sheriff's office. He found that they did not leave because of salary. He said that Orange County handles about 15% of the reported crime in this County. The Chapel Hill Police Department handles about 47% of the reported crime. The Orange County Sheriff's Department has 131 employees and the Carrboro Police Department has 37 for the same percent of reported crime. Also, regarding the residency requirements, he does not see a problem with outside residency for employees of the Sheriff's Department. He also noticed that there are no female investigators or females on patrol. He does endorse the career ladder program. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to adopt the Manager's recommendation of the retention salary increase, career ladders, and other fitness and benefits options. VOTE: UNANIMOUS Commissioner Brown asked how many state highway patrolmen work in Orange County and Sheriff Pendergrass said 15. They are allowed to go anywhere in the district. c. Appointments to the Economic Development Commission The Board considered three appointments to the Economic Development Commission. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to appoint appoint Laura Baldwin for the term ending June 30, 2005 and Susan A. Lombardo and Eric B. Tillman for unexpired terms ending June 30, 2003. VOTE: UNANIMOUS d. Appointments to the Chapel Hill Board of Adjustment The Board considered two appointments to the Chapel Hill Board of Adjustment. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to appoint Lawrence A. Herst and Emma Jean Levi for terms ending June 30, 2004. VOTE: UNANIMOUS e. Appointments to the Horace Williams Tract Planning Committee The Board considered two County Commissioner appointments to the Horace Williams Tract Planning Committee. The Board agreed by consensus that Commissioner Brown and Chair Jacobs would serve on this committee. Commissioner Gordon will be the alternate. 10. REPORTS -NONE 11. APPOINTMENTS- NONE 12. MINUTES- NONE 13. CLOSED SESSION A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown at 10:10 p.m. to go into Closed Session "To consult with an attorney retained by the Board in order to preserve attorney- client privilege between the attorney and the Board regarding Orange County versus Nuclear Regulatory Commission," NCGS § 143-318.11(a)(3) VOTE: UNANIMOUS 14. ADJOURNMENT With no further items for the Board to consider, a motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to adjourn the meeting at 11:15 p.m. The next regular meeting will be held on Monday, January 28, 2002 at 7:30 p.m. in the Government Services Center in Hillsborough, North Carolina. Barry Jacobs, Chair Beverly A. Blythe, CMC