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HomeMy WebLinkAboutMinutes - 19961001APPROVED 1212196 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING OCTOBER 1, 1996 The Orange County Board of Commissioners met in regular session on October 1, 1996 at 7:30 p.m. in the courtroom of the Old County Courthouse in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners William L. Crowther, Alice M. Gordon, Stephen H. Halkiotis and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Albert Kittrell 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. ALL RECORDING TAPES OF THE MEETING WILL BE KEPT FOR FIVE (5) YEARS. 1. ADDITIONS OR CHANGES TO THE AGENDA The Board removed the Planning Board appointments from the Consent Agenda to consider as a separate item. They replaced the name of Sarah Stewart with Judy White for the Orange County statewide School Bond Committee. Item #5 and #6 were reversed. 2. AUDIENCE COMMENTS a. Matters on the Printed Agenda Chair Carey said that citizens who have indicated a desire to speak will be recognized at the appropriate time. b. Matters not on the Printed Agenda - NONE PUBLIC CHARGE Chair Carey dispensed with the reading of the Public Charge. 3. BOARD COMMENTS Commissioner Halkiotis asked about the procedure for those citizens believed to have been involved with price gouging in the County. Geoffrey Gledhill explained that the information will go to the Attorney General's office and then to the local District Attorney's office. Two statutes are involved -- one dealing with trade practices and one dealing with obtaining property by false pretenses. Commissioner Halkiotis commended FEMA for their help during this cleanup period after the hurricane. In answer to a question about space for supplies from the Red Cross, Purchasing Director Pam Jones indicated that the County has arranged to provide a tractor trailer to store these items. It will be housed at the Public Works facility off of 86 North. Commissioner Halkiotis made reference to the concern expressed by Dawn Minton at the last meeting and said that he met with her to discuss the issues involved with her concern. He said that the problem is a small culvert pipe that needs to be enlarged. He asked that staff work with DOT to get this work accomplished. Commissioner Willhoit made reference to an article in the newspaper about a change in animal tag procedures and expressed a concern that this is not a move that is customer oriented. The primary goal of the licensing program is to be sure that all animals have a rabies tag and the owner can be identified by tracing the number on the rabies tag. He asked that the Health Department rethink this change. John Link indicated that he has talked with Dan Reimer and his understanding is that the County will continue to require the rabies tag which can be traced back to the owner. What is not being required is the County ID tag. Citizens are encouraged to buy an identification tag. In the ordinance amendment last year, the requirement for an identification tag was eliminated. This will save the County six or seven thousand dollars a year. Chair Carey noted he wrote a letter to Tommy Dyer at DOT requesting additional help in removing debris from the hurricane, especially in areas outside of the municipalities. 4. COUNTY MANAGER'S REPORT John Link said that staff is investigating funding resources for removing debris blocking streams in the County. He will report back on this item. FEMA and the SBA will continue to work out of the Cedar Falls Courtyard in Chapel Hill. Ken Chavious is working on reimbursements for mileage and overtime caused by the hurricane. 5. RESOLUTIONS/PROCLAMATIONS a. Efland Sewer Force Main Tap Resolution County Engineer Paul Thames spoke about the engineering requirements of the resolution and Geoffrey Gledhill spoke to the scope of the intent of the resolution. Paul Thames outlined the five (5) points of contention with which Ben Lloyd disagrees and answered various questions from the County Commissioners. Ben Lloyd said that his two concerns involve (1) the requirement of a manhole and (2) encasement of the pipe. Commissioner Halkiotis said that something needs to be done for all the citizens in the Efland area where there are septic tank problems. A motion was made by Commissioner Crowther, seconded by Commissioner Willhoit to approve the resolution as presented in the agenda and stated below which will permit the connection of sewer service for Lloyd's Car Wash, located at the southeastern corner of the intersection of US Hwy 70 and Efland-Cedar Grove Road in the community of Efland, by tapping into the portion of the primary Efland sewer force main lying near that intersection: RESOLUTION PROVIDING PERMISSION FOR SEWER SERVICE FOR LLOYD'S CAR WASH IN EFLAND BY TAPPING THE FORCE MAIN OF THE ORANGE COUNTY EFLAND SEWER SYSTEM WHEREAS, A. B. Lloyd, Jr. has represented to Orange County that he is now and for more than twenty years has been the sole owner and operator of a self-service car wash in Efland located on the southeast corner of US Hwy 70 and Efland-Cedar Grove Road; and WHEREAS, it has been determined and ruled by the North Carolina Division of Water Quality (formerly the Division of Environmental Management) and the North Carolina Environmental Management Commission that said car wash does not meet state environmental statues regulating the discharge of waste water and is thus improperly discharging untreated waste wash water to the land surface which drains into McGowan Creek and thence the Eno River, each classified as a WS-II level, high quality water supply resource within a stringently regulated and protected watershed; and WHEREAS, the EMC has ordered that A.B. Lloyd, Jr. terminate the surface discharge of waste wash water from the car wash: and WHEREAS, it has been determined by environmental officials that no on-site waste water treatment alternative exists: and WHEREAS, Orange County owns and operates the Efland Sewer System; and WHEREAS, the only two options available for mitigating the discharge are to close the car wash or to discharge the waste into the Efland Sewer System; and WHEREAS, a portion of the Efland Sewer System force main lies along the north side of US Hwy 70 and directly across from the Lloyd Car Wash; and WHEREAS, it is Orange County's policy and practice to prohibit force main taps or connections into sewer systems which it owns or in which it participates, including the Efland Sewer System, particularly where the sewer system is not designed for force main taps or connections, because of the risk to the environment and the risk to the proper functioning of the utility system associated with such taps or connections; and WHEREAS, the Board of Commissioners has determined that this policy and practice should allow for a force main tap or connection when all of the following are present: 1. The land and the facility to be served are located in an Urban or Transition area as identified in the Land Use Element of the Orange County Comprehensive Plan; and 2. The connection to the force main will, in all other respects, comply with the Orange County Water and Sewer Policy and will comply with federal, State and Orange County policies, laws, regulations and rules applicable to the sewer system to which the force main connection will be made; and 3. The connection will correct a violation of a federal, State or local government policy, law, regulation or rule regulating the discharge of waste water into the waters of the State which violation is the result of a federal, State or local policy, law, regulation or rule requirement which was not a requirement at the time the waste water system serving the land and the facility was constructed; and 4. The force main tap or connection will be temporary in that there is a gravity sewer alternative to the force main or connection planned and the probability is that the gravity sewer alternative will be constructed within five (5) years of the force main tap or connection AND the owner of the land and facility, for the owner, the owners heirs and assigns, agrees to pay all fees and costs for and make, in compliance with all federal, State and local policies, laws, regulations and rules in effect at the time of the connection to the gravity sewer line alternative, a sewer tap or connection to the gravity sewer alternative within sixty (60) days after it is available adjacent to the land where the force main tap or connection has been made; and WHEREAS, the force main tap or connection to Lloyd's Car Wash can meet, with the agreement of the owner of Lloyd's Car Wash and the owner of the land upon which it is located, all four of the conditions specified above. NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY THAT: 1. The owner of Lloyd's Car Wash and the owner of the land upon which it is located may construct a temporary, pressurized sewer service lateral and tap that lateral into the portion of the Efland Sewer System force main lying directly across US Hwy 70 from the car wash; and 2. The owner of Lloyd's Car Wash and the owner of the land upon which it is located shall employ the services of a professional engineer licensed by the State of North Carolina and qualified by virtue of education and experience to practice in the field of sanitary engineering to design a pressurized sewer service lateral system to serve Lloyd's Car Wash; and 3. The pressurized sewer service lateral system shall include a high-head low flow grinder pump system including a holding/pump tank and discharge flow metering equipment; small diameter valves, fittings and force main or pressure sewer service lateral extended under US Hwy 70 with encasement piping under US Hwy 70; and a waterproof vault or manhole containing the force main tap and the necessary shut-off and backflow preventing value assemblies; and 4. In addition to obtaining system design approval from the Orange County Engineer, the owner of Lloyd's Car Wash and the owner of the land upon which it is located and his/her or their engineer shall be responsible for complying with all necessary permitting and system design approval procedures of the Division of Water Quality, the North Carolina Department of Transportation and Orange County and shall submit evidence of those approvals to the County Engineer; and 5. The owner of Lloyd's Car Wash and the owner of the land upon which it is located shall properly execute the SEWER EASEMENT DECLARATION attached to this resolution as "Exhibit A." VOTE: AYES, 3; NOS (Commissioners Carey and Gordon) For the record, Commissioner Gordon voted against this resolution because she felt it is not good public policy. 6. SPECIAL PRESENTATIONS a. Honorary Recognition for Officer Bruce w. Collins This resolution was presented to and received by the family of Bruce W. Collins. A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to approve the resolution for Flight Officer Bruce W. Collins as stated below: HONORARY RECOGNITION FOR FLIGHT OFFICER BRUCE W. COLLINS WHEREAS, Bruce W. Collins was born on April 2, 1920 in Nash County to Mr. and Mrs. Joel S. Collins of Hillsboro, North Carolina, and WHEREAS, Bruce W. Collins attended Orange County Schools and graduated from Chapel Hill High in the class of 1941. and WHEREAS, Bruce W. Collins decided at the young age of 21 to volunteer for the Army and upon hearing about Pearl Harbor was determined to join the Army Air Corp, completing his first solo flight on September 3, 1942, and WHEREAS, Flight Officer Bruce W. Collins on February 7, 1944, as a member of the 309th Fighter Squadron, 31st Fighter Group, climbed inside the cockpit of his Spitfire and joined his squadron over the beaches of Anzio, Italy where his group encountered over 35 enemy aircraft, being outnumbered by 8 to 1, and WHEREAS, after encountering enemy fire and being forced to fly through an allied anti-aircraft barrage, flight Officer Collins disappeared with no radio contact or visual siting of his plane, and WHEREAS, after 52 years since this incident, Bruce's family held a memorial service in remembrance of this patriotic young man who gave his life for his country, and WHEREAS, the survivors include four brothers and two sisters: Dr. Bobby Collins and Glen Collins of Durham County and Vera C. Walker, Edward Collins, Jane C. Kirkland and Don Collins of Orange County who feel that even though his body was never found, his person and spirit shall always remain with us. NOW, THEREFORE, we the Orange County Board of Commissioners do hereby join in this memorial to Flight Officer Bruce W. Collins, a young man who made the ultimate sacrifice for doing what he loved the most, and ask that all citizens in Orange County remember Bruce for his dedication to his country and his warm and kind nature, and FURTHER, LET IT BE RESOLVED that this honorary recognition be spread upon the minute book of Orange County so that future generations will know and remember the dedication of Flight Officer Bruce W. Collins in the performance of his duty as an officer in the U.S. Army Airforce. VOTE: UNANIMOUS 7. PUBLIC HEARINGS a. 1997 Revaluation - Schedule of Values Tax Assessor John Smith made this report. No citizens signed up to speak. A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to close the public hearing. VOTE: UNANIMOUS b. Community Development Block Grant Program Director of Housing and Community Development Tara Fikes said that the purpose of this public hearing is to receive comments on the proposed FY 1997 Community Development Block Grant Application for Orange County; approve a local financial contribution of $223,000 and to approve a resolution authorizing submission of the formal application document by October 1, 1996. Mr. Bennie Cecil made reference to the sewage problems the Efland area has experienced for the last fourteen years. He supports this application and hopes that the grant goes through and that it will be given priority. Evelyn Cecil thanked Dr. Halkiotis and Moses Carey for their concern about the problems in this area. She pledged her support to help in any way she can. She asked that the board help in any way they can to extend the sewer line to this area which will serve many of the elderly in that community. The sewage on top of the ground in this area is severe and a health hazard for the citizens who live in Efland. Ben Lloyd said that he supports this application and will assist in any way he can to get the work accomplished. William Efland does not have a sewage problem personally but knows that there are problems in this area and asked that the Board of County Commissioners pursue this grant for the Efland Community. A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to (1) close the public hearing, (2) approve a financial commitment of $223,000 for the Efland Infrastructure CDBG Project, with staff to develop recommendations during the next year on financing the County share from either operating or capital funds, and (3) approve the resolution as stated below which authorizes the submission of the CDBG Application by October 18, 1996 and (4) to authorize the Chair to sign the application document on behalf of the Board upon approval by the County Attorney. RESOLUTION AUTHORIZING AN APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Orange County, that an application for Community Revitalization funds from the N.C. Department of Commerce is hereby authorized. Grant funds will be used to provide public water/sewer to a neighborhood in the Efland community. The amount requested is $850,000. The application will be submitted on or before October 18, 1996. FURTHER, the Board of County Commissioners of Orange County authorizes the Chair of the Board of County Commissioners to sign the application document upon approval by the County Attorney. VOTE: UNANIMOUS 8. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to approve the items on the Consent Agenda as stated below: a. Appointments The appointments for the Planning Board will be considered as a separate item. The Board approved the following appointments: Carrboro Board of Adjustment Stephen J. Dear for an unexpired term ending 3/30/98 Commission for Women Deborah VanDyken for an unexpired term ending 6/30197 Orange County Statewide School Bond Committee B. Crowder-Gaines Guido DeMaere David Hunt Judy White b. Minutes The Board approved the minutes for April 18 and April 25, 1996 as presented. C. Subdivision Regulations Text Amendments - Securing Improvements The Board closed the public hearing and approved the proposed amendments to the Subdivision Regulations to relocate provisions regarding required improvements from Section V, "Plat Specifications," to Section III, "Application and Approval Procedures," rewrite the section for clarity and to add language regarding construction cost estimates and financial guarantees. d. Subdivision Regulations Text Amendment - Lot Layout The Board closed the public hearing and received the Planning Board recommendation. They approved a proposed amendment to clarify Section IV-B-S-e by substituting the word "divided" for the word "separated". e. Subdivision Regulations Text Amendments - Clustered Subdivisions in Rural Buffer The Board closed the public hearing and received the Planning Board recommendation. They approved a proposed amendment to re-adopt cluster subdivision provisions and Concept Plan application and approval procedures in the Rural Buffer. f. PD-1-96 Carolina Friends School The Board closed the public hearing and received the Planning Board recommendation. They approved the administration's recommendation of the modification to the Special Use Permit for Carolina Friends school based on the findings as stated in the agenda and subject to the following condition added to those placed on the Special Use Permit in 1990 and 1992: 1. The entrance and driveway are to be kept free and clear of traffic and parked vehicles at all times and clearly identified as fire lanes with reflective signs mounted on posts. The signs shall be installed under the guidance and supervision of the Orange County Fire Marshal's office and shall meet the provisions of Chapter 6 of the North Carolina State Building Code, Volume V, Fire Prevention, 1996 Edition. g, Revised Time Schedule for Golf Course Standards Initiative The Board approved a proposed revision to the Plan of Action for the Natural Resource Preservation Goal, specifically the golf course standards initiative. This revision will allow amendments to be presented at the February 24, 1997, public hearing. h. County Auction, 1996 and Resolution Authorizing Disposal of Surplus Property of Minimal Value The Board declared as surplus, items as listed in the agenda and adopted a resolution authorizing the Director of Purchasing and Central Services to conduct an auction of those personal property items declared surplus or confiscated. The auction will be held Saturday, October 19, 1996 at the Public works Department located on Highway 86, Hillsborough. The two resolutions approved by the County Commissioners are stated below: RESOLUTION WHEREAS, Orange County desires to dispose of surplus, confiscated and abandoned property in a manner prescribed by North Carolina State Law, WHEREAS, Orange County has given its own departments and funded agencies the opportunity to acquire this property prior to its disposal WHEREAS, Orange County has determined that public auction would be the most equitable way to dispose of surplus, confiscated and abandoned property and at the same time produce the most revenue for the County. NOW THEREFORE, BE IT RESOLVED THAT: the Orange County Board of Commissioners do authorize the Director of Purchasing and Central Services to conduct a public auction of these surplus and confiscated items found on the attached list on October 19, 1996, the auction to be held at 10:00 a.m. at the Orange County Public Works Department and to be conducted on an as is, highest bidder basis. The auction will be conducted by Crawford's Auction Service. FURTHERMORE, BE IT RESOLVED THAT: The Orange County Board of Commissioners do hereby authorize the Director of Purchasing and Central Services to sign over the title of those vehicles being sold at auction so that ownership may pass to the buyer and to direct the clerk to the Board of Commissioners to send notice of such authorization to the North Carolina Division of Motor Vehicles and do hereby authorize the Director of Purchasing and Central Services to make the necessary adjustments in inventory for items listed and items that have been stolen, salvaged, or destroyed or mistakenly placed in inventory. RESOLUTION AUTHORIZING THE DISPOSAL OF SURPLUS PROPERTY OF MINIMAL VALUE AUTHORITY G.S. 160A-266 (c) authorizes city, county, and sanitary district governing boards to establish regulations for disposing of their unit's personal property valued at less than $500 for any one item or group of items. The statute empowers a governing board to authorize one or more of its administrative officials to declare surplus any such personal property, to set its fair market value, and to convey title to it for the unit. The governing board's regulations may provide for private or public sale and exchanges, with or without published notice. PURPOSE It is the purpose of the regulations established by this resolution to create policies and procedures for Orange County that will promote the timely disposal of surplus property of limited value at fair prices for the benefit of Orange County and the protection of the taxpayers' interest in the efficient conduct of public business. POLICIES AND PROCEDURES 1. The Purchasing and Central Services Director may declare surplus any item or groups of items of personal property on the recommendation of the department head having custody of such property if (1) its value is estimated by the Purchasing and Central Services Director and the department head to be less than $500, and (b) the Purchasing and Central Services Director finds no use in any other department in Orange County for the property. 2. The Purchasing and Central Services Director shall attempt to find alternative use in another Orange County department for all personal property recommended to be declared surplus by any department head. 3. The Purchasing and Central Services Director may dispose of any personal property valued at less than $500 in exchange for other personal property by private negotiation, or as a trade-in on the purchase of other personal property. 4. The Purchasing and Central Services Director may dispose of, and convey title to, any surplus personal property valued at less than $500 for any item or group of items for which no alternative use within the Orange County offices has been found and which cannot be traded-in or exchanged in the acquisition of other personal property. The Purchasing and Central Services director shall dispose of such personal property in any manner designed to secure fair value for the property, with or without published notice, in any of the following ways: (a) at private sale, (b) at standard fixed prices by sale through the County's Purchasing Department and in accord with rules and regulations concerning the handling of funds as the finance officer shall establish, (c) by receipt of written bid quotations, or (d) by consignment to merchants or dealers in used goods 5. The Purchasing and Central Services Director shall submit to the governing board semi-annual reports on the disposal of personal property pursuant to these policies and procedures. The reports shall be submitted by August 1 and February 1 of each year and shall cover the six months ending on June 30 and December 31, respectively. The reports shall show each item or group of items disposed of, the purchaser, the value received, and the method of disposal used. The Purchasing and Central Services Director may not personally purchase any surplus personal property covered by these rules and regulations, nor may the Purchasing and Central Services Director approve the sale of any such personal property to any member of his/her immediate family. 6. The Purchasing and Central Services Director may not dispose of any surplus property covered by these rules and regulations to any Orange County employee until thirty days after submitting to the Board of Commissioners a written report on the proposed goods, and the proposed purchase price are set forth. The purpose of the report is to make public the proposed transactions. Approval of the Board of Commissioners is not necessary, but the Board of Commissioners may prohibit any proposed transaction reported to it. i. Bid Award for 21 Personal Computers for Social Services The Board awarded the bid for twenty-one (21) personal computers for Social Services to P.C. Innovations of Cary, North Carolina at a delivered cost of $974.00 per computer. Other bids received are listed below: Computrack $ 1,099.00 Trimet Computer 1,175.00 IBM 1,317.75 Logical Choice 1,651.00 L Services of Mechanical Engineer Re: HVAC Systems in the Court Street Annex The Board approved the professional services of Gary Merritt, PE for specifications and construction documents necessary for the replacement of the heating and air system in the Court Street Annex for a sum of $6,000 and authorized the Purchasing Director to execute the appropriate paperwork. k. Bid Award - Renovation of Heating System _ Central Recreation Building in Hillsborough The Board approved the contract and awarded the bid, contingent upon final review, to Warren-Hay Mechanical Contractors, Inc. for Heating System Renovation work at the Central Recreation Center for a sum of $38,500 and authorized the Chair to sign on behalf of the Board. Other bids were received from Comfort Engineers for $74,929.00 and Quality Mechanical at $62,700. 1. Contract Approval - Testing Services for Southern Human Services Center Construction Proiect The Board approved a contract with Trigon Engineering for testing services associated with the Southern Human Services Center construction project in an amount not-to-exceed $22,652.75 and authorized the Purchasing Director to execute the appropriate paperwork. m. Professional Service Contracts - UNC School of Dentistry The Board approved and authorized the Chair to sign the renewal of the contract with the UNC-School of Dentistry, Department of Dental Ecology, for the services of a dental resident to provide dental services in the Health Department. VOTE ON THE CONSENT AGENDA: UNANIMOUS PLANNING BOARD APPOINTMENTS REMOVED FROM THE CONSENT AGENDA Commissioner Gordon nominated Jay Zargoza for the Eno vacancy on the Planning Board . Commissioner Willhoit nominated Nell Andrews for this same position. VOTE: Jay Zargoza - received one vote (Commissioner Gordon ) Nell Andrews - received 4 votes (Commissioners Carey, Crowther, Halkiotis and Willhoit) A motion was made by Commissioner Crowther, seconded by Commissioner Gordon to change Renee Price from an At Large representative to the Hillsborough representative. VOTE: AYES, 3; NOS, 2 (Commissioners Carey and Halkiotis) NOTE: This leaves an AT LARGE position open on this Board and it will be advertised accordingly. 9. ITEMS FOR DECISION -REGULAR AGENDA a. Zoninq Ordinance Text Amendment - Telecommunication Towers Planner Mary Willis presented for the Board's consideration of approval an amendment of the Zoning Ordinance provisions relating to telecommunication towers. Concerns had been identified by the County Commissioners at their meeting held on September 3. Mary Willis responded to those concerns. A motion was made by Commissioner Crowther, seconded by Commissioner Willhoit to delete from Section 8.8.17a.2 the words "A bond or other security" and replace with "A letter of credit". VOTE: UNANIMOUS A motion was made by Commissioner Willhoit, seconded by Chair Carey to approve the proposed amendment with the following revisions: 1. Revise the Permitted Use Table and Article 6.18 to specify that stealth towers 75 feet or shorter are permitted by right in certain zoning districts provided that provisions of Article 6.18 are met. Article 6.18 requires that the tower be adequately disguised to minimize visual impact. 2. Insert the following as 8.8.17a.1 i) Additional Information: The Special Use Permit application shall include a statement that the facility and its equipment will comply with all federal, state and local emission requirements. 3. Insert the following as 8.8.17a2n) Standards of Evaluation and change previous n) to 0): A determination shall be made that the facility and its equipment will comply with all federal, state and local emission requirements, and the Special Use Permit shall include a statement that the facility and its equipment will comply with all federal, state and local emission requirements. VOTE: AYES, 3; NOS, 2 (Commissioners Gordon and Halkiotis) For the record, Commissioner Gordon voted against this amendment because of the lack of encouragement for collocation of towers and also because she believes there is not enough protection for the homeowner with respect to the location of a telecommunication tower nearby. Commissioner Halkiotis voted against this proposal because he is opposed to having towers within two miles of each other. b. Reconsideration of Sibling Pine Estate Preliminary Plan On September 3, 1996, the Board of Commissioners approved Sibling Pine Estate Preliminary Plan with the condition that the lots be redesigned to eliminate the need for the strips connecting the buildable portions of lots 6 and 7 to their respective drainfields and repair areas. The applicant requested that the Board reconsider its action. The decision of the Board may be reconsidered under certain circumstances if so requested by a Commissioner who voted with the majority. A motion was made by Commissioner Halkiotis, seconded by Chair Carey to reconsider the action that was taken on this item on September 3, 1996. VOTE: AYES, 3; NOS, 2 (Commissioners Gordon and Willhoit) Steve Yuhasz made comments on behalf of the owner and developer. He said that this proposal is in accordance with the Zoning Ordinance. The arrangement of this property does maximize the area for septic systems which have been approved by the Orange County Health Department. The main reason he wants the plan approved is that this is how the family members want it developed. The family acknowledged that they do understand and will abide by the restrictions placed on this development. A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to approve the Planning Board recommendation as stated in the agenda and in the resolution of approval. Commissioner Gordon noted that she favored the Planning Staff recommendation which included the condition adopted by the Commissioners on September 3. VOTE: AYES, 4; NOS, 1 (Commissioner Gordon) C. Community School for People Under Six Funding Request Anna Mercer-McLean made reference to the expansion of their facility and explained that because of zoning compliance requirements, the extra cost will range from $15,000 to $20,000. The County Commissioners asked for additional information and said that this item will be placed on the next agenda for further discussion. 10. REPORTS a. Report _ Potential Residential Districts for Commissioner Elections The Board considered a draft of potential Residential Districts for future election of County Commissioners. Under this proposal, the current staggered terms and partisan primary process would continue to apply. The County would be divided into five Residential Districts of roughly-equal population with approximately 18,770 citizens and each district would be represented by one seat on the Board. All registered voters in the County would be eligible to vote on all candidates in the years they represent their party in a general election. Only registered voters of a particular party would vote on candidates in their party in the primary election. In creating Residential Districts, census data is the accepted standard for reliable information to ensure equally-proportioned districts. To create a draft of potential Residential Districts, Planning staff has utilized a demographic software program to configure five districts of roughly-equal population using 1990 Census data. Geoffrey Gledhill distributed copies of the General Statutes that are pertinent to this issue. He explained the process that must be followed in order to initiate such a change. It starts with developing districts which is what the Board has before it tonight. The County Commissioners would adopt a resolution outlining the specific districts and it would then be presented for voter approval. If it receives voter approval, then there are other procedural steps that would need to be followed. He said that the districts should be equal in population when first defined, however, when the Commissioners redefine the districts, they do not have to be equal in population. Commissioner Gordon said she feels that in this proposal the districts have no political coherence; who would a commissioner from any given district represent? She does not believe this is a step forward. Chair Carey feels that this would increase the probability that citizens who live in rural areas will have a reasonable chance of being elected. Commissioner Halkiotis feels this is a good start. Patrick Mulkey suggested not counting in the districts the citizens who cannot vote. Geoffrey Gledhill said that this could not legally be done. Bill Thorpe from Chapel Hill said that he feels drawing district lines will further divide the people in this County. He is particularly concerned that minorities might be under represented. He is against this plan. Commissioner Gordon noted that no current commissioner resides within the town limits of either Chapel Hill or Carrboro. Bob Strayhorn feels that a seven member board may make a difference. Commissioner Crowther and Commissioner Halkiotis said that they may work on a plan that has seven districts. It was decided that this item will not again appear on an agenda unless it is requested by a County Commissioner. 11. APPOINTMENTS -NONE 12. MINUTES -NONE 13. CLOSED SESSION To consult with the County Attorney pursuant to N.C. Gen. Stat. Section 143-318.11(a)(3) in the matters of Nello Teer v. Orange County et al This item was postponed to the next meeting 14. ADJOURNMENT With no further items to consider, Chair Carey adjourned the meeting. The next meeting will be held on October 15, 1996 at 7:30 p.m. at the OWASA Operations Center in Carrboro, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk