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HomeMy WebLinkAboutMinutes - 19880301 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING _ . MARCH 1, 19 8 8 The Orange County Board of Commissioners met in regular session on Tuesday, March 1, 1988 at 7:30 p.m. in the courtroom of the Old Courthouse, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall and Commissioners John Hartwell, Stephen Halkiotis and Don Willhoit. BOARD MEMBER ASSENT: Moses Carey, Jr. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers William T. Laws and Albert Kittrell, Clerk to the Board Beverly A. Blythe, Interim Finance Director Ken Chavious, Planning Director Marvin Collins, Planner Emily Crudup, Housing and Community Director Tara Fikes, Tax Collector Johnny Horner, Purchasing Director Pam Jones, Tax Assessor Kermit Lloyd and Health Director Dan Reimer. A. BOARD AND MANAGER COMMENTS Commissioner Halkiotis made reference to a report about proposed minimum standards for local confinement facilities and expressed concern about several items in the document. He asked that the County Manager report back to the Board on the status and the impact it may have on the facility in the County and the budget implications from that impact. He commented about a safety situation at the corner of N.C. 57 and _.._.~57 in Caldwell. He has talked with DOT and they have assured him that a report will be done and available in about two weeks with a recommendation '.yn what can be done to that intersection. He asked that the County Manager ~.rollow up with contacting Mr. Watkins of DOT when the report is received. It was the consensus of the Board that some action needs to be taken to resolve the dangerous traffic situation that presently exists. Commissioner Willhoit asked that items F3 and F5 be removed from the consent agenda. These items were placed as items G11 and G12. He noted that the regional Solid Waste Task Force met and that public hearings on the consultant's report will be held on April 26 and April 27. (times and places to be announced) Commissioner Willhoit announced that he will be representing the Association of County Commissioners on a new task force dealing with tobacco and smoking. They will meet on Saturday, March 5 in Washington, D.C. If any one has any special concerns, please let Commissioner Willhoit know before the meeting. Commissioner Hartwell referred to a request for a Fire Marshall. The request was brought to the Social Services Board by Briarwood Rest Home. They have been closed because of violations and feel that a Fire Marshall could have assisted in giving guidance for meeting state requirements. .H County Manager John Link made five (5) changes to the agenda: (1) Correct the date under the second recommendation on page 6 to April 1.9, 1988. (McLennan's Farm) (2) Add a report (E4) from Recreation and Parks Director Mary Anne Black. (3) Remove F4 (Topographic Mapping) from the Consent Agenda and place as item Gla for receipt of additional information. (4) Add Item G9 - Lake Orange Road Right-of-Way. (5) Add Item G10 - Efland Sewer System Right-of-Way. B. PUBLIC COMMENTS 1. MATTERS ON THE PRINTED AGENDA Those who have indicated a desire to make comments will be recog- nized at the time their item is discussed. 2. MATTERS NOT ON THE PRINTED AGENDA Mr. Stewart Harbour presented a letter requesting that County- Citizen relationships be improved in orange County. A copy of his letter is in the permanent agenda file in the Clerk's Office. .~ Chair Marshall indicated that a report from the County Attorney will be forthcoming outlining policies for public access and pricing for documents .requested by the citizenry. She noted that the County Manager may want to form a citizens group to look at an overall openness to government approach. C. MINUTES Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to approve the minutes for February 1, 1988 as corrected. VOTE: UNANIMOUS. The minutes for February 16 will be considered at the next meeting. PUBLIC CHARGE Chair Shirley E. Marshall read the public charge. PUBLIC HEARINGS 1. PROPOSED 1988-89 SECONDARY ROAD IMPROVEMENT PROGRAM Department of Transportation Board Member W. B. Buchanan made introductory remarks. He pointed out that State Road 1559, Eno State Park Road, will be paved next year. He has requested that the Department of Transportation move as quickly as possible in correcting the dangerous situation at N.C. 57 and 157. Division Engineer John Watkins made the presentation. He explained that the program is being started earlier in the year and that the amount of money allocated for improvements in Orange County is an anticipated amount and may be changed. He reviewed the improvements that are proposed for 1988-89 which are listed in the agenda abstract. He explained that a lot of interest has been received from citizens on Turkey Farm Road and if the right-of-way can be obtained, that road will be paved. Commissioner Willhoit asked that DOT rerate High Rock Road and Mr. Watkins agreed to do so. The meeting was open for public comments: RALPH TEAL spoke in support of paving Turkey Farm Road. He pre- sented to the Board a petition with 48 signatures. R. E. GRANGER spoke about the dangerous traffic situation on Turkey Farm Road and asked that consideration be given to paving that road. ROBERT KALAYJAN commented about the dust and the increased traffic on Turkey Farm Road. He asked that the road be paved on one side of New Hope Creek even i.f the people on the other side don't want their portion paved. VIC KNIGHT made comments in support of paving the unpaved portion of Miller Road. He presented to the Board a petition with 152 signatures. He noted that there are 55 parcels of land on Miller Road with one sub- division having 27 lots. The section of the road he referred to is 1.1 miles located north of the Orange High School area. The traffic count was 50 vehicles a day prior to January, 1986. Last August the traffic count was 240 vehicles a day. He emphasized that the traffic has increased on this unpaved portion of Miller Road. He made reference to a letter from the Orange County School Administration which stated interest in getting this road paved because the project houses built by the High School are located on this road. Miller Road is #25 on the priority list. He illustrated how Miller Road was being used as a connector road which in essence increases the traffic flow on that road. He asked that the road be reevaluated. John Watkins explained that the roads will probably be rested before next years presentation of the secondary road program. It would be __.unfair to rerate one road at this time without resting all the roads unless ~t is a very unusual situation. commissioner Halkiotis commented about the dangerous intersection ~f Orange High Road and U.S. 70. There is a warning light at this inter- section at the present time. He asked that this be reviewed and a traffic light be put at this intersection. TED LATTA supported the comments made by Commissioner Halkiotis with regard to the dangerous situation at the intersection of Highway 70 and Orange High Road. He feels the two schools should rate higher than an industry. The money for roads should be used for Miller Road because of the through traffic on that road. ROBERT BOUST spoke in support of paving at least a portion of Turkey Farm Road. The road is difficult to keep gravel on and it gets very slippery. ARNIE KATZ spoke opposing the paving of Turkey Farm Road. He feels that paving the road will increase the runoff into New Hope Creek. It will also make the Duke Forest property located on that road more attractive to develop. He stated it will cost approximately $75,000 to pave in front of six homes. He feels that if the road is paved, it will become a major thoroughfare with increased usage which will present a safety factor on that road. BILL MATTHEWS spoke opposing the paving of Turkey Farm Road. He supported the comments made by Arnie Katz. He asked DOT if there were plans to straighten out any of the curves on the road or replace the bridge and Watkins indicated that those decisions will not be made until the ,..engineering plans are completed. DONALD TELLY asked about the paving of Cole Mill Road extension. Jtkins stated that money would not be available for paving until July 1 and -'.hat every effort will be made to do the engineering work before that .time. MYRA CRAWFORD spoke in support of paving the unpaved portion of Miller Road. She stated that more people from the northern end of the County would use Miller Road if it Were paved. The road is already being used to capacity, creating dust and a dangerous situation. By paving the road traffic would be diverted from Highway 57 which causes a bottleneck at N.C. 86. She suggested withdrawing the money which will be used for paving the road leading into Eno State Park so that the area will remain rural. TOM BRIETON spoke in support of paving Turkey Farm Road and asked that the project go forward. Commissioner Hartwell referred to Eno Mountain Road and asked about the alignment of that road where it intersects'Orange Grove Road. He stated that one of the chief functions of that road will be to get trucks in and out of Hillsborough and the proper alignment is necessary to accommodate that goal. Mr. Watkins stated that $150,000 is available for this project at this time and that the work done at this time is preliminary. A plan will be developed which will include an alignment of this section. WITH NO FURTHER COMMENTS, THE PUBLIC HEARING WAS CLOSED. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approved the 1988-89 Secondary Road Improvements Program as *~roposed by NCDOT. A copy of the proposal, is in the permanent agenda file. COTE: UNANIMOUS. 2. MCLENNAN'S FARM - PD-4-87 The presentation was made by Planning Director Marvin Collins. Motion was made by Commissioner Willhoit, seconded by Commissioner twell to (1) continue the public hearing to June 21, 1988 and (2) authorize the County Manager to seek an independent consultant to study the advisability and effectiveness of alternative systems for sewage disposal. The selection of the consultant will be done by April 19, 1988. VOTE: UNANIMOUS. D. RESOLUTIONS OR PROCLAMATIONS 1. RESOLUTION OF MEMORIAM FOR HARVEY BENNETT Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to accept the resolution signed by the officers of the North Carolina Association of County Commissioners and forward a copy of the reso- lution to the Bennett family. The resolution is stated below: RESOLUTION IN MEMORIAM WHEREAS, the North Carolina Association of County Commissioners has learned with deep regret of the death of Mr. Harvey D. Bennett, a former member of the Orange County Board of Commissioners; and WHEREAS, Mr. Harvey D. Bennett did give untiring public service to his County, State and Nation during his lifetime; NOW, THEREFORE, BE IT RESOLVED that his name be entered on the rolls of those who have gone from our midst in this Association year so that he may be remembered at the next Annual Conference thereof; and FURTHER, BE IT RESOLVED that a copy of this Resolution be forwarded to the family of Harvey D. Bennett with the expressed sympathy of the members of this Association. Adopted this 29th Day of January, 1988, in Raleigh, North Carolina. VOTE: UNANIMOUS. 2. PROCLAMATION OF WOMEN'S HISTORY MONTH Motion was made by Commissioner Willhoit, seconded by Commissioner ,.. _,, Hartwell to proclaim March, 1988 as Women's History Month. The proclamation is stated below: PROCLAMATION ...- THE ORANGE COUNTY COMMISSION FOR WOMEN SUBMITS THE FOLLOWING PROCLAMATION TO THE ORANGE COUNTY BOARD OF COMMISSIONERS: WHEREAS, the month of March, 1988, has been designated as "WOMEN'S HISTORY MONTH," by the U.S. Congress; and WHEREAS, this commemoration of the vast contributions of women of every race,. class and ethnic background is worthy of note to all citizens; and WHEREAS, the many contributions have been historically undervalued and overlooked; and WHEREAS, women continue to be integral to the leadership, well-being and quality of life of orange County; now THEREFORE, do we, the Commissioners of Orange County, proclaim the month of March, 1988 as WOMEN'S HISTORY MONTH and commend this observance to Orange County citizens. VOTE: UNANIMOUS. 3. E UALIZATION AND REVIEW BOARD Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to adopt the resolution as stated below: SPECIAL BOARD OF EQUALIZATION AND REVIEW ORANGE COUNTY, NORTH CAROLxNA WHEREAS pursuant to N.C. General Statutes 105-322 the Board of Equalization and Review of Orange County is presently composed of the members of the Board of County Commissioners of orange County; and ~°~ WHEREAS the Board of Commissioners of Orange County is authorized to appoint a special Board of Equalization and Review to carry out the duties imposed by N.C. General Statutes 105-322; and WHEREAS the Board of Commissioners of Orange County deem it advisable to appoint a special Board of Equalization and Review and by this resolution provide for the membership qualifications, terms of office and the manner of filling of vacancies on the special board of Equalization and Review; YT IS THEREFORE RESOLVED: 1. The special Board of Equalization and Review of Orange County is hereby created. 2. The Orange County special Board of Equalization and Review shall consist of 5 members, each to serve for a term beginning on the date of appointment and ending on ,Tune 30, 1988. 3. vacancies occurring and existing on the Orange County special Board of Equalization and Review shall be filled by the orange County Board of Commissioners at their next regular meeting after the occurrence of the vacancies. 4. Each member of the special Orange County Board of Equalization and Review shall be a resident of Orange County and have the statutory qualifications necessary to hold the public office of County Commissioner in Orange County. In addition the Board of Commissioners of Orange County, in selecting members of the special Board of Equalization and Review, may consider: a. The length of time a candidate has resided in Orange County, b. Whether and to what extent a candidate owns real property located within Orange County, c. Whether and tv what extent a candidate is familiar with the value of real property located within orange County, ---~ d. Whether and to what extent a candidate has had formal education in real estate appraising, e. The geographical composition of the special Board of Equalization and Review within orange County, f. Any other matters that the Board deems appropriate. The Orange County Board of Commissioners shall appoint members to the special Board of Equalization and Review of Orange County in the same manner as it uses for other appointments. After the members of the special Board of Equalization and Review of Orange County have been appointed, the Orange County Board of Commissioners shall designate a chairman of the special Board. The compensation shall be set at $50.00 per meeting. VOTE: UNANIMOUS. 4. RESOLUTION OF APPRECIATION FOR LORRAINE PARKER Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to adopt the resolution of appreciation as printed below: RESOLUTION OF APPRECIATION FOR LARRAINE H. PARKER WHEREAS, Lorraine H. Parker has served Orange County's Recreation and Parks Advisory Council in an exemplary manner; and, WHEREAS, Lorraine H. Parker has given freely and unselfishly of her time, talents and boundless energy for the improvement of the County's recreation and parks programs and facilities; NOW, THEREFORE, BE 2T RESOLVED that the Orange County Board of VOTE: UNANIMOUS. ~~ Commissioner Halkiotis presented to Lorraine Parker a plague from the Recreation and Parks Advisory Committee. E. REPORTS 1. DAIRY CATTLE PRICING GUIDELINES County Manager .John Link reported to the Board on pricing of dairy cattle. Dairy cattle held for the production of milk are taxable because they fall under the classification of manufacturer's equipment. Tax Assessor Kermit Lloyd explained the procedure he followed in determining the value of dairy cattle. He stated that no other county in-North Carolina followed the principals of appraisal, in determining this value in accordance with North Carolina law. His recommendation is that the Board of County Commissioners develop a resolution requiring the N.C. Department of Revenue to determine on a yearly basis the recommended values far all taxable livestock on a statewide basis; to eliminate inequities of livestock valuations across county lines. This resolution should be submitted to the Local General Assembly Delegation and to the N.C. County Commissioners Association Legislative Goals Committee. Commissioner Halkiotis expressed a concern with the classification of dairy cattle as equipment and suggested that the classification needs to be done away with. Kermit Lloyd explained that a lot of the rural counties depend on this tax base and were against deleting dairy cattle from taxation. All taxes paid tv a county for dairy cattle can be deducted from the state income taxes. Discussion ensued on the pricing of dairy cattle and the Board agreed that, although the pricing was done in accordance with State law, that the cows were all valued as coming into the herd when some were going out of the herd. ~:..~, ;, ROBERT NICHOLS distributed information to the Board. He referred to the information and to the discrepancy in the legal opinions he received-:-; from various attorneys and people in Raleigh as to what the law says. He stated his opinion is that livestock is exempt from taxation. County Attorney Geoffrey Gledhill indicated that in the Statute a ` farmer is classified as a manufacturer and thereby cows used in the pro- duction of milk would be taxable. The solution is a legislative one. He noted that if the method Lloyd used in putting a value on a herd has flaws in it that the dairy farmers would have recourse through Lloyd and recourse through the Equalization and Review-Board. Chair Marshall reiterated the situation and indicated that a decision to change this taxation would not be made this evening. Every effort will be made to come up with a solution that will be fair and within the law. Nichols distributed his "Plan B" which outlined what surrounding counties are taxing cattle. He noted that the assessed value last year far cattle in Orange County was $2,966,295 which resulted in $17,597 in taxes. He asked that if cattle could not. be exempt from taxation that the value be more in line with the surrounding counties in which the farmers do business. NO ACTION WAS TAKEN ON THIS ITEM. 2. ENVIRONMENTAL SERVICES CONSOLIDATION AT THE STATE LEVEL This item will be placed on the next agenda. 3. CAPACITY USE DESIGNATION - PLANNING BOARD POSITION Planning Board Chair Barry Jacobs presented for the Board's information the position of the Planning Board in regard to the proposed capacity use designation for the Eno River. A statement will be prepared -" as general support for the need for a capacity use designation or a management plan which would accomplish the same purposes, and, if the State p~ imposes a capacity use designation that it do so with the inclusion of the local government in the regulatory process. ADDED ITEM -, 4. CIP - RECREATION AND PARKS UPDATE Recreation and Parks Director Mary Anne Black presented for infor- ;mational purposes an outline of proposed changes in the 5-year CIP. The 'funding for the recreational trails portion of the CIP would be moved to later years with the concept remaining in the plan. Commissioner Willhoit stated he would like to deal with the ~.ssue of whether greenways should be left in the plan or not. Chair Marshall stressed the importance of being sure the issue of greenways is worked out to the satisfaction of all elements of the citizenry. F. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Hartwell, seconded by. Commissioner Halkiotis to approve the consent agenda as stated below: 1. BUDGET AMENDMENTS To approve the budget amendments as listed below: GENERAL FUND Appropriation -Mental Health Assoc. $ 500.00 Source - Commission for Women $ 500.00 Appropriation - Dispute Settlement Center $ 1,500.00 source - Contingency $ 1,500.00 Appropriation - Triangle J COG $ 1,000.00 Source - Transfer from Community Development $ 1.,000.00 COMMUNITY DEVELOPMENT FUND Appropriation - Transfer to General Fund $ 1,000.00 Source -Community Development Income Survey $ 1,000.00 GENERAL FUND Appropriation - Sheriff Department $ 22,670.00 Source - County Capital Reserve $ 22,670.00 COUNTY CAPITAL RESERVE FUND Appropriation - Transfer to General Fund $ 22,670.00 Source - Fund Balance Appropriated $ 22,670.00 2. SUBMISSION OF SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT To adopt a resolution, printed below, authorizing the filing of a Small Cities CDBG Application for the Rencher Street Area and authorize the Chair to sign, and to establish April 4, 1988 and May 2, 1988 as public hearing dates to receive citizen comment regarding the application. IT IS HEREBY RESOLVED: RESOLUTION THAT, the Orange County Board of Commissioners authorize the filing of Orange County's Fiscal Year 1987 Community Development Block Grant Appli- cation, including all understandings and assurances contained within the application. THAT, an application will be submitted to the North Carolina Department of Natural Resources and Community Development on or before May 20, 1988. The amount requested is $600,000. 3. ANIMAL LICENSING TAX - SECOND READING This item was removed from the Consent Agenda and placed as -item Gll. 4. TOPOGRAPHIC MAPPING FOR RESERVOIR SITES This item was removed from the Consent Agenda and placed as ~em Gla. 5. ANIMAL CONTROL ORDINANCE AMENDMENTS This item was removed from the Consent Agenda and placed as item G12. 6. APPROVAL OF FUNDING REQUEST FOR SATURDAY_SCHOOL FOR SENIORS ,...,_.~ To approve a funding request and support letter to the Town of Chapel Hill -- Recreation Department (special motel tax fund) for the.. , Saturday School for Seniors Programs for $2,400 to be used to help cover` ~ operating expenses. 7. APPROVAL OF FUNDING REOUEST.FOR RETIREMENT PROMOT_IO_NA_L BROCHURE To approve a funding request and support letter to the Town of Chapel Hill - Recreation Department (special motel tax fund) fora profes- sionally produced community resources brochure aimed at retirees in the - amount of $4,810 for 10,000 brochures. VOTE: UNANIMOUS. G. ITEMS FOR DECISION - REGULAR AGENDA 1. INDEPENDENT OPINION RESEARCH AND COMMUNICATIONS, „_,.INC. - 2 CONTRACTS Sue Bullock, and Karen Gottovi, outlined for the Board's information the process that will be followed in identifying the present needs and projected needs of the county -- capital improvements and/or services. A public opinion survey will be developed jointly with the County that will act as citizen input into the county governing process. This, survey will be the basis for which all decisions will rest as far as whether particular projects are acceptable and/or a priority with the voters. This market research element is important to ascertain the view of the voter and increases the ratio of the bond issues which are passed. Commissioner Willhoit stated that the main goal of the citizens advisory group will be to inform all the citizens of what is proposed in.._:. the CIP and at the end of that process assess what the public opinion is and proceed from there. Discussion ensued on-the purpose of the survey and what will be ' gained from the information received. Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to approve two contracts with Independent Opinion Research and Communications, Inc.: (1) contract for consultation services with payment schedule indicating a cap of $5,800 for consultation and support services with travel billed at 21 cents per mile and with subsistence costs not to exceed $100 per day, and (2) contract for public opinion survey of 500 people with cost of survey to be $7,500. VOTE: UNANIMOUS. la. TOPOGRAPHIC MAPPING FOR RESERVOIR SITES F4 In addition to the information in the agenda packet, Commissioner Hartwell noted that this item has been expanded to include flying over Seven Mile Creek in addition to Corporation Lake. The cost of this will be paid out of Senate Bill 2 funds. Jim McCarthy from Hazen and Sawyer reviewed the proposals that he received for the topographic mapping of Corporation Lake. There was some question about the bottom line figure and County Manager Link suggested approving the .aerial photography tonight and delay approving the remainder of the project until additional clarification could be received. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the contract for aerial photography for both Corporation Lake and Seven Mile Creek in the amount of $2,480 to be paid from Senate Bill Two funds and to approve the scope of work as outlined by Hazen and Sawyer. VOTE: UNANIMOUS. 2. ST. THOMAS WOODS PRELIMINARY PLAN Planning Director Marvin Collins presented for consideration of approval the preliminary plan for St. Thomas Woods Subdivision. The 59.24 acre tract is located in Eno Township on the west side of Pleasant Green Road (SR 1557) north of Cole Mill Road (SR 1569). The property is zoned A- ----.R and designated the same in the Land Use Plan. The applicant is proposing thirty-six (36) lots to be served by public roads. The Planning Board and ;the Administration recommends approval with seven conditions. Motion was made by Commissioner Halkiotis, seconded by Commissioner Hartwell to approve the preliminary plan with seven conditions: (1) Combine lots 6 with 7 and 11 with 12 so that each lot has Health Department approval. (2) Lot 3 and 32 must receive access from the subdivision road (St. Thomas Drive). (3) Dedicate an additional ten (10) feet of right-of-way along Pleasant Green Road in lieu of the proposed five (5) feet to accommodate future turn lanes, if warranted by future development. (The cumulative effect of the development of the property, as well as surrounding parcels, may result in an increased need for turn lanes in the future. However, if Renee Drive is extended in the future to connect with Cole Mill Road, the subdivision would have two outlets and turn lanes may not be needed. In any event, the additional right-of-way would be present should such facilities be required.) -(4) Provide 10'' x 70' sight triangles at each intersection. (5) Provide cul-de-sacs at the end of Renee Drive and St. Thomas Drive with a note indicating that future extension of the roads will require that the right-of-way in the cul-de--sacs .... (above that required for a 50 foot right of way) be incorporated into lots 19 and 20 on Renee Drive and 26 and 27 on St. Thomas Drive. --• (6) Provide joint driveways for lots 1 and 2, 33 and 34, 35 and 36. (Proposed ordinance amendments are scheduled for public hearing on February 22, which, if approved, would result in access to Pleasant Green Road being handled in the same manner.) (7) Stormwater detention area designated as unsuitable far development and maintained by owner of lots 11 and 12 (combination). VOTE: UNANIMOUS. 3. ROCKY RUN PRELIMINARY PLAN Marvin Collins presented for consideration of approval the preliminary plan for Rocky Run Subdivision. The property is located in the southeast corner of Cheeks Township on both sides of Moorefields Road (SR 1135). Nine (9) lots are proposed out of the 21 acre tract. The tract is zoned Residential-1 with overlay zoning districts of Protected Watershed II and Water Quality Critical Area (Seven Mile Creek). The Planning Board and the Administration recommends approval with two conditions. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the preliminary plan with two conditions: (1) Indicate how the maximum stream buffer (150') would affect lots #6 and #9 as measured from the flood plain on Rocky Run. (2) Indicate joint driveways for lots 1 and 3A, 2 and 4, 6 and 7, and lots 8 and 9. VOTE: UNANIMOUS. 4. RE VEST FOR PARTIAL WIDTH RYGHT-OF-WAY Marvin Collins presented for consideration of approval a request from Ms. Elizabeth Crais and Mr. Michael Wagner for a partial width right- of-way which will provide access to an existing house and surrounding property. The Planning Board and the Administration recommends approval. Motion was made by Commissioner. Hartwell, seconded by Commissi.oner....7 Halkiotis to approve this request for partial width right-of-way. VOTE: UNANIMOUS. 5. ENO RIVER STATE PARK MEMORANDUM OF UNDERSTANDING (A copy of the letter, is in the permanent agenda file in the Clerk's office) . Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to endorse a letter of support relative to current and proposed planning and zoning policies concern~.ng the Eno River State Park and authorize the Chair to sign-the letter in its behalf. VOTE: UNANIMOUS. 6. EFLAND SEWER RULES AND REGULATIONS -- REVISIONS ( A copy of the revised rules and regulations are in the permanent agenda file in the Clerk's Office). Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approved the Efland Sewer Rules and Regulations as revised and recommended by the County Attorney. VOTE: UNANIMOUS. 7. EFLAND SEWER BILLING AND COLLECTION AGREEMENT (A copy of this agreement, completely executed, is in the permanent agenda file in the Clerk's Office). Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the proposed agreement and authorize the Chair to sign.- VOTE: UNANIMOUS. 8. ORANGE HIGH SCHOOL - CAPITAL IMPROVEMENT PROJECT Superintendent Dr. Dan Lunsford made a request to proceed with bidding on the expansion/renovation of the media/guidance areas and the paving of parking areas at Orange High School. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to permit Dr. Lunsford to proceed with bidding these two projects with the understanding that additional funds beyond $250,000 appropriated for 1988M89 would not be available until beginning July 1, 1989. VOTE: UNANIMOUS. NOTE: ITEMS 9 AND 10 WERE ADDED TO THE AGENDA 9. LAKE ORANGE ROAD RIGHT-OF-WAY Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to authorize the conveyance by Orange County by non-warranty deed or other comparable method of conveyance to the State of North Carolina and its Department of Transportation of the land it owns within the right-of- way of Lake Orange Road as depicted on the plat entitled Lake Orange Road Extension.. The conveyance or transfer shall be for public right-of-way purposes. VOTE: UNANIMOUS. 10. EFLAND SEWER SYSTEM RIGHT-OF-WAY Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve a right-of-way certificate to the Farmers Home Administration for the right-of-ways needed for the construction, operation and maintenance of the Efland Area Sewer System and authorize the Chair to sign the right-of-way certificate and to direct the County Attorney to transmit the right-of-way certificate along with his opinion of coun~e~ relative to rights-of-way for the purpose of closing the bond sale. VOTE: UNANIMOUS. -- 11. ANIMALLI_CENSING TAX__-_SECOND READING (F3~, Commissioner Willhoit reiterated that three or four years ago jduring budget time it was recognized that there was a problem with the 'escalating animal population. The Health Director was requested to bring forth a recommendation which never materialized. Two years later a task force was formed and a recommendation was brought forth with the intent of reducing the animal population with differential licensing. The problem is that the differential licensing penalizes those who are registering their animals and does nothing to those who do not register their animals and/or are harboring animals that are unvaccinated. He supported the proposal to increase the penalty to $25.00 for not registering animals. Commissioner Willhoit suggested a deadline of July 1, 1988 far citizens to register their animals which will. allow enough time to launch an intensive education program to inform the citizens of the real problem and the intent of the ordinance. He further suggested that this education program be funded by the animal licensing taxes which will be collected this fiscal year. Commissioner Marshall supported Willhoit's suggestion stating that although she supports the differential licensing, the citizens need to be informed about the change before it actually becomes effective and the ordinance is enforced. Commissioner Willhoit asked that the method for listing animals and collecting the taxes be reexamined. Chair Marshall asked that the revenue impact on Carrboro and Chapel Hill be determined before changing the deadline. Motion was made by Commissioner Hartwell, seconded by Chair 'Marshall to adopt the new animal licensing tax with effective date ;;;retroactive to January 1, 1988 as stated below: l:''.:<~i DOGS Spayed and neutered $ 5.00 Unspayed and unneutered $ 7.50 CATS: Spayed and neutered $ 2.00 Unspayed and unneutered $ 3.00 VOTE: UNANIMOUS. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to extend the deadline for paying animal taxes to June 30, 1988. VOTE: UNANIMOUS. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to authorize the issuance of refund checks to citizens who have paid the higher animal tax. VOTE: UNANIMOUS. 12. ANIMAL CONTROL ORDINANCE AMENDMENTS - FIRST READING - PENALTY Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to amend the Animal Control Ordinance by increasing the civil penalty for failure to properly register an animal from $10.00 to $25.00 and correct the verbiage in the ordinance to clarify that the fees for `animals are taxes (privilege taxes). ;VOTE: UNANIMOUS. H. APPOINTMENTS Appointments were delayed to the next meeting. I. EXECUTIVE SESSION Motion was made by Commissioner Halkiotis, seconded by Commis- sioner Hartwell to go into executive session to discuss a property matter. VOTE: UNANIMOUS. ~ ~ ~--,~ Motion was made by Chair Marshall,, seconded by Commissioner. Willhoit to go back into regular session. VOTE: UNANIMOUS. J . ADJOURNMENT With no further items for the~Board to consider, Chair Shirley E. Marshall adjourned the meeting. The next meeting will be held on Tuesday, March 15 at 7:30 in the courtroom of the old Post Office, Chapel Hill, North Carolina. Shirley E. Marshall, Chair Beverly A. Blythe, Clerk MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MARCH 15, 1988 The Orange County Board of Commissioners met in regular session on March 15, 1988 at 7:30 p.m. in the courtroom of the old Post Office in Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall, and Commissioners Moses Carey, Jr., Stephen Halkiotis, John Hartwell and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill. '`=~~ STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers William T. Laws and Albert Kittrell, Recreation and Parks Director Mary Anne Black, Clerk to the Board Beverly A. Blythe, Deputy Finance Director Ken Chavious, Planning Director Marvin Collins, Tax Assessor Kermit Lloyd, Aging Director Jerry Passmore, Health Director Dan Reimer and Recreation and Parks District Supervisor Wilma Tinney. A. BOARD AND MANAGERS COMMENTS Commissioner Carey indicated the Board has been getting a lot of feedback on the greenway aspect of the Recreation and Parks Plan. He is aware that the matter is now before the Planning Board and normally would like to wait until that Board makes a recommendation to the Board of Commissioners on an issue of this importance but the feedback indicates that the public is sufficiently enough confused and concerned about the public access greenways that are proposed that that aspect of the Plan is obscuring the entire Recreation and Parks Plan. He feels it important that the Board of Commissioners give the Planning Board some direction on the considerations they are likely to make at their next meeting. He proposed that the Board add a discussion on the greenways to the agenda and consider deleting that portion from the Plan until all the questions can be answered adequately. That aspect of the plan is going to overshadow the entire Plan and cause some of the worthwhile elements to be scuttled because of their association with the greenways. The Board agreed to add to the agenda as G- 7 a discussion on the proposed public access greenways. Manager Link made a correction on item F1 - Budget Amendments which is reflected in the approval of that item. The recommendation for item F2 was omitted from the abstract and should