HomeMy WebLinkAboutMinutes - 19981006APPROVED 11/17/98
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
October 6, 1998
The Orange County Board of Commissioners met in regular session on Tuesday, October 6, 1998 at 7:30 p.m. in
the F. Gordon Battle Courtroom, Hillsborough, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown, and Commissioners Moses Carey,
Jr., William L. Crowther, Alice M. Gordon and Stephen H. Halkiotis.
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 RECORDINGS OF THE MEETING
WILL BE KEPT FOR 5 YEARS.
1. ADDITIONS OR CHANGES TO THE AGENDA
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to add to the agenda a
resolution for Voluntary Conservation of Water for northern Orange County as item V-c.
VOTE: UNANIMOUS
A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to add to the agenda a
resolution for the siting of future solid waste facilities in a comprehensive fashion as item V-d.
VOTE: UNANIMOUS
2. CITIZEN & AUDIENCE COMMENTS
a. Matters on the Printed Agenda
b. Matters not on the Printed Agenda
Donna Miller spoke on behalf of the residents of Old Chapel Hill-Hillsborough Road. She asked for an
update on this issue and asked when the County Commissioners plan to address this issue.
John Link said that this should be back on the agenda during the month of October. They will give the
history of why the road name was changed and make reference to Ms. Miller's request to have it changed back. They
will let Ms. Miller know when it will be on the agenda. It may be that this will become an item for the November
Quarterly public hearing that is scheduled for November 23.
PUBLIC CHARGE
Chair Brown dispensed with the reading of the public charge.
3. BOARD COMMENTS
Commissioner Gordon made reference to item 10a and said that this department is coming none too soon. One
thing they will do is to seek grant funds to buy land for conservation purposes. Chapel Hill just received a $200,000
grant for conservation along a creek. Other jurisdictions have also received funds. Orange County received no funds
because we did not apply.
Commissioner Carey said that he attended a regional County Commissioners meeting and one of the focus areas
was on development options. He distributed information and a survey form that he asked all the County Commissioners
to complete and return. He asked the clerk to copy and share with the other elected officials and candidates for public
office. He said that this raised some good questions that we need to keep on the public agenda.
Commissioner Carey asked about the nuisance ordinance in the transition area. Geoffrey Gledhill said that he will
talk with the Chapel Hill town attorney. He said that the towns have separate ordinances dealing with junk vehicles but
regulations only cover within the city limits. The County's junk vehicle ordinance is for the County area. So there
seems that there is no coverage for the transition area, He will talk with the Chapel Hill Town Attorney to see if they
have a junk vehicle portion in their zoning ordinance. Commissioner Carey said that Carrboro does not want the
responsibility to do this outside of their town limits and if this is part of their ordinance, they have indicated that they will
remove it. It was decided that Chair Brown will write a letter to the municipalities to clarify this responsibility.
Commissioner Halkiotis suggested writing a separate ordinance and adopting it.
Commissioner Halkiotis asked about the status of the local legislation for outside burning. Geoffrey Gledhill said
that nothing is happening at the state level. He will work on this for the next long session. One of the handicaps they
had during the short session was that this issue was controversial and the legislators are not interested in controversial
items they have not initiated.
Commissioner Halkiotis stated disappointment about a proposal that the County Commissioners somehow
recognize heroic actions on the part of citizens. A proposal was put forth to recognize County citizens who go beyond
the call of duty. This policy said that recommendations would be received from the EMS council and nothing has come
forward. He spoke about Harvey Clark and what he did to help capture the person who raped the young girl in the
courthouse. He suggested that Mr. Clark be honored as a hero and that the County Commissioners recognize him for
getting involved. Commissioner Carey feels that this was a heroic act. He feels we should do this. Chair Margaret
Brown said that she would bring back a report on the process. The Board decided to recognize all three of the
individuals involved in the apprehension of the person who assulted a young lady in the new courthouse.
4. COUNTY MANAGER'S REPORT - NONE
5. RESOLUTIONSIPROCLAMATIONS
a. 1999 N.C. Association of County Commissioners Legislative Goals
The Board considered adopting a resolution stating Orange County's goals for the 1999 short session of
the N.C. General Assembly.
John Link reported that the North Carolina Association of County Commissioners (NCACC) each year
invites comment from boards of county commissioners concerning legislative priorities. The NCACC has indicated that
its deadline for submission of proposed legislative goals for 1999 is October 8. He told about the issues as listed in the
abstract that the County Commissioners may want to bring to the attention of the NCACC.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the
resolution as stated below including County authority to levy land transfer taxes and offering an expanded menu of
county revenue sources.
RESOLUTION
THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS
CONSIDER PROPOSING LEGISLATION OF STATEWIDE APPLICABILITY
ON CERTAIN ISSUES FOR CONSIDERATION DURING THE 1999 SESSION OF
THE NORTH CAROLINA GENERAL ASSEMBLY
WHEREAS, the North Carolina General Assembly will convene in January 1999 to consider legislative matters during its
Long Session; and
WHEREAS, the North Carolina Association of County Commissioners will consider and adopt a slate of legislative goals
that will serve as the basis for various pieces of draft legislation, applicable on a statewide basis, to be presented for
consideration by the General Assembly in 1999; and
WHEREAS, the Orange County Board of Commissioners has identified a number of legislative changes that, if adopted,
it believes will contribute to the public good and benefit the citizens of Orange County specifically and the State of North
Carolina generally;
NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that it does hereby convey to
the North Carolina Association of County Commissioners its request that its legislative concerns, as enumerated below,
be incorporated into draft legislation applicable to counties throughout North Carolina, and be presented to the North
Carolina General Assembly within the timeframes established by that body for consideration in 1999;
Opposition to measures to restrict annual increase in the valuation of real property to 2%
Require utility providers to gain county approval for utility route selections
County authority to levy land transfer taxes
Expanded menu of county revenue sources
Authority for counties to levy additional sales taxes
Increased State role in paying the costs of Medicaid
Restoring growth in reimbursements for lost local property tax revenue
State funding for increased school utility costs
Local government exemption from State sales taxes (to supplant current reimbursement approach)
Increased court fees to provide counties with revenue for court facilities
Increased Medicare reimbursements for County EMS bills
Streamline the design and bidding processes for new school construction
AND BE IT FURTHER RESOLVED that the Chair is authorized to convey this resolution to the North Carolina
Association of County Commissioners by means of a letter which elaborates on Orange County's concerns and
recommendations, to the extent the Chair deems that necessary and appropriate.
VOTE: UNANIMOUS
b. Senior Vaccination Season
The Board considered proclaiming October as Senior Vaccination Season, and endorsing the activities
planned for the month. Health Director Rosemary Summers mentioned that October is also breast cancer awareness
month. She mentioned that flu shots will be given throughout the County. She read the resolution.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the
proclamation as stated below:
SENIOR VACCINATION SEASON PROCLAMATION
October 6, 1998
Whereas, Governor Hunt has proclaimed October as Senior Vaccination Season in North Carolina; and
Whereas, Thousands of adults in Orange County are unprotected from diseases such as influenza and pneumococcal
pneumonia; and
Whereas, Each year, an average of 20,000 Americans die from influenza - more than 90% of these persons are 65 or
older. Many deaths can be prevented through vaccination; and
Whereas, Promoting a countywide vaccination effort for the residents of Orange County will reduce the number of
health complications and deaths associated with these illnesses; and
Whereas, Controlling and eliminating communicable diseases are necessary to ensure that our communities are
healthy places in which to live; and
Whereas, Senior Vaccination Season will involve the provision of influenza and pneumococcal pneumonia vaccines
to persons 65 and older with Medicare Part-B through community based events and encourages all
immunization providers to work year-round in Orange County with their communities to vaccinate adults by
expanding clinic hours, increasing screenings, and distributing education and promotional materials;
Therefore, We hereby proclaim October, 1998 as SENIOR VACCINATION SEASON in Orange County.
VOTE: UNANIMOUS
C. Water Conservation Proclamation for northern Orange County
A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adopt the
resolution as stated below declaring a Stage I I Water Shortage Alert and authorize the chair to sign.
RESOLUTION
PUBLIC PROCLAMATION
REGARDING USE OF WATER OBTAINED
FROM THE PUBLIC «%ATER SYSTEM
SUPPLIED BY THE ORANGE-ALAMANCE WATER SYSTEM, INC. AND
THE TOWN OF HILLSBOROUGH AND
FROM ANY RAW WATER SUPPLY WITHIN ORANGE COUNTY USED BY
THE ORANGE-ALAN11ANCE WATER SYSTEM, INC. AND
THE TOWN OF HILLSBOROUGH
Pursuant to the provisions of the ORDINANCE PROVIDING FOR THE CONSERVATION OF WATER DURING
A WATER SHORTAGE, RESTRICTING THE USE OF WATER AND WATER AVITHDRAWALS, AND ALLOCATING
AUGMENTED STREAMFLOW FROM RESERVOIRS, I, Margaret Brown., Chair of the Board of County Commissioners,
having been provided with information that the water level of Lake Orange is more than two feet, below full, do hereby issue this
PUBLIC PROCLAMATION declaring to all persons that a stage II water shortage ALERT is now in effect applicable to users of
water from the public water system supplied by the Orange Alamance Water System, Inc. and Town of Hillsborough and from any
raw water supply within Orange County used by the Orange-Alamance Water System, Inc. and the Town of Hillsborough. The
following voluntary water conservation measures are now applicable:
1. Use shower for bathing rather than bathtub and limit shower to no more than four (4) minutes.
2. Limit flushing of toilets by multiple usage.
3. Do not leave faucets running while shaving or rinsing dishes.
4. Limit use of clothes washers and dishwashers and when used, operate fully loaded.
5. Limit lawn watering to that which is necessary for plants to survive.
6. Water shrubbery the minimum required, reusing household water when possible.
7. Limit car washing to the miniunum.
8. Do not wash down outside areas such as sidewalks, patios, etc.
9. Install water flow restrictive devices in shower heads.
10. Use disposable and biodegradable dishes.
11. Install water saving devices such as bricks, plastic bottles or commercial units in toilet tanks.
12. Limit hours of operation of water-cooled air conditioners.
This proclamation, and the voluntary conservation restrictions imposed pursuant to it, shall be in effect until the Ordinance
entitled "AN ORDINANCE PROVIDING FOR THE CONSERVATION OF WATER DURING A WATER SHORTAGE,
RESTRICTING THE USE OF WATER WITHDRAWALS, AND ALLOCATING AUGMENTED STREAMFLOW FROM
RESERVOIRS" is amended or repealed or until the Chair by Public Proclamation, declares that the Stage II Water Shortage
ALERT is over.
By order of Margaret Brown, Chair of the Orange County Board of Commissioners, issued this 6th day of October, 1998.
VOTE: UNANIMOUS
d. A Resolution Requesting that the Landfill Owners Group and its Member Governments Address the
Sitin of future Solid Waste Facilities in a Comprehensive Fashion
John Link said that in reviewing the LOG agenda for Thursday, October 8th, there was an item that seemed
to indicate that the LOG plans to move forward on siting a transfer station. The County Commissioners proposal dated
August 11 asked that a comprehensive plan be pursued for solid waste management activities. The resolution asks that
the LOG not take any specific action on siting a transfer station until Chapel Hill has responded to the County
Commissioners proposal of August 11.
Commissioner Crowther made reference to item 4 - on source separation and questioned if the Board of
County Commissioners has discussed this issue enough to make a proposal. He does not feel the Board of County
Commissioners has made a decision on separation of C& D. John Link will amend this language.
Chair Brown noted that she and Commissioner Halkiotis have asked for a report on C & D and other
conservation measures.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the
resolution as stated below which incorporates all suggested changes.
ORANGE COUNTY BOARD OF COMMISSIONERS
A RESOLUTION REQUESTING THAT
THE LANDFILL OWNERS GROUP AND ITS MEMBER GOVERNMENTS ADDRESS THE SITING OF FUTURE
SOLID WASTE FACILITIES IN A COMPREHENSIVE FASHION
WHEREAS, the member governments of the Landfill Owners' Group (LOG) have been discussing important future solid waste
management issues, including examination of disposal options and the possible need for facilities such as a materials recovery
facility (NIlRF), transfer station, ancUor a construction and demolition ((-'&D) handling or disposal facility; and
WHEREAS, the Orange County Board of Commissioners transmitted to the other LOG members an August 11, 1998 "Proposal for
Assuming Responsibility for Solid Waste T Ianagement Operations"; and
WHEREAS, the Orange County Board of Commissioners has received a written response to that proposal from the Carrboro Board
of Aldermen and anticipates receiving a written response from the Chapel Hill Town Council following the October 12 t` meeting of
that body; and
WHEREAS, element IV-13 of the Orange County Board of Commissioners' August 11 proposal encouraged the member
governments to "continue to work, through the LOG, to site a transfer station and work to develop options for materials recovery
and construction & demolition disposal", "acknowledged the need for siting decisions", but emphasized that "those decisions should
be considered comprehensively rather than piecemeal"; and
WHEREAS, one proposal by the Orange County Board of Commissioners was the setting aside of 60 acres of the Greene Tract for
future solid waste management activities, which could include some or all of the aforementioned solid waste facilities; and
WHEREAS, the Carrboro response to the County proposal "acquiesces to using no more than 60 acres of the Greene tract for solid
waste-related activities" and limits Carrboro's consideration of additional land acquisition to the three parcels immediately west of
the North Eubanks Road landfill and west of the Johnson Tract (previously acquired by the LOG); and
WHEREAS, the Solid Waste Alternative Finance Committee is expected to make its report to the LOG at the November 12, 1998
meeting of the LOG; and
WHEREAS, the Orange County Board of Commissioners believes it is important that the financing approach(es) for facility
operation as well as facility acquisition/developmentbe resolved prior to the major commitment of capital funds; and
WHEREAS, item #4 on the scheduled LOG meeting agenda for October 8, 1998 contemplates the adoption by individual member
governments of ordinances that would regulate the separation of C&D materials and reduce the amount of C&D waste ultimately
landfilled; and
WHEREAS, items 95 and #6 on the scheduled LOG meeting agenda for October 8, 1998 meeting include possible action to pursue
siting of a NIRF and a. C&D disposal facility; and
WHEREAS, the Orange County Board of Commissioners views any LOG action on October 8, 1998 that would lead to initiation of
siting any specific solid waste facility on any specific parcel(s) of land as premature in that such actions would ostensibly be taken
in a piecemeal, rather than comprehensive, approach and without a clear financing plan for both facility development and facility
operation in place;
NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that it supports the staff recommendation
in agenda item #4 of the scheduled LOG meeting agenda for October 8, 1998 that all member governments consider the concept of
using a C&D materials separation ordinance and solid waste plan ordinance to reduce C&D waste landfilled, with discussion of
pros and cons possibly leading to subsequent adoption by each governing board of such ordinances;
BE IT FURTHER RESOLVED that the Orange County Board of Commissioners supports the recommendation in agenda item #3
of the scheduled LOG meeting agenda for October 8, 1998 that following conclusion of negotiations with the N1RF consultant, that
work on development of that facility begin in November with a series of meetings involving LOG members, staff, consultants, and
the public to discuss specific NIRF concepts;
AND, BE IT FURTHER RESOLVED, that the Orange County Board of Commissioners does hereby urge the LOG to take no
action at their October 8, 1998 meeting that would lead to acquisition or identification of any specific site for any specific solid
waste facility, pending completion of discussions by the Chapel Hill Town Council of the County's August 11, 1998 proposal, and
pending examination of options (including use of a portion of the Greene Tract, and/or use of the new NIRF site on LOG owned
property that has been identified in item #5 of the scheduled LOG meeting agenda for October 8, 1998) that would reflect a
comprehensive approach to solid waste facility siting.
This, the 6t' day of October, 1998
VOTE UNANIMOUS
6. SPECIAL PRESENTATIONS
a. Distinguished Budget Presentation Award
The Board presented the 1997-98 Government Finance Officers' Association (GFOA) Distinguished Budget
Presentation Award to Budget Director Donna Dean and her staff.
7. PUBLIC HEARINGS - NONE
8. ITEMS FOR DECISION - CONSENT AGENDA
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve those items on
the Consent Agenda as stated below:
a. Budget Ordinance Amendment #2
The Board approved a proposed budget ordinance amendment to reappropriate funds for planned
expenditures in the 1997-98 budget to the 1998-99 budget which is incorporation herein by reference.
b. BOCC Meeting Schedule for Calendar Year 1999
This item was moved to the end of the Consent Agenda for separate consideration.
c. Employee Health Insurance Rates for 1999
The Board approved employee insurance rates for 1999.
d. Orange County Small Business Loan Program
This item was moved to the end of the Consent Agenda for separate consideration.
e. Proposed New Register of Deeds Office Position
The Board approved establishing a new permanent part-time 30-hour-per-week deputy register of deeds I
position.
L Property Tax Value Changes
The Board approved 11 requests for property tax releases in accordance with the Value Change Resolution
and as stated below:
NAME ACCOUNT # AMOUNT
Clara Horner 216040 $ 72.08
Leslie MacFee 196180 657.91
Randy Gurley 219918 138.38
Waylon Mcfarland 211190 1,067.51
James Stump 198923 307.77
Oakdale Associates 189103 49.03
Oakdale Associates 188094 63.78
Bruce Lucas 147361 247.86
SilverFox Enterprises 217513 289.23
SilverFox Enterprises 217513 236.62
Brent Shelton 187474 403.44
g Property Tax Refunds
The Board approved 8 requests for property tax refunds in accordance with the Refund Resolution and as
listed below:
NAME ACCOUNT # ANIOUNT
Beverly R. Webb 147553 $ 1,036.35
Hu, Mei E33593 25.17
West, Dirk D. D98921 70.10
West, Dirk D. E37642 17.68
Centura Bank Leasing F16024 109.49
Wachovia Auto Leasing Company F14453 126.97
Nelson H. Hobbs E49410 35.16
Ford Motor Credit Company F3596 343.10
h. Housing Rehabilitation Contract Awards
The Board awarded housing rehabilitation contracts under the CDBG Housing Rehabilitation Program to
CFW Construction in the amount of $39,340 for work at 644 Oak St., and to Thames Construction in the amount of
$35,800 for work at 519 Lipscomb Grove Church Road, and $37,800 for work at 605 Lipscomb Grove Church Road.
i. Worksharing Agreement Contract with Equal Employment Opportunity Commission (EEOC)
The Board approved and authorized the Chair to sign a contract with the Equal Employment Opportunity
Commission (EEOC) whereby EEOC would reimburse Orange County $21,950 for investigation of jurisdictional
employment discrimination cases; intake and referral to EEOC of non-jurisdictional cases and County staff attendance
at EEOC mandatory training.
L Cooperative Agreement with U.S. Department of Housing and Urban Development
The Board approved and authorized the Chair to sign a cooperative agreement with the U.S. Department
of Housing and Urban Development (HUD) in which HUD would appropriate $100,000 to Orange County to expand the
County's capacity to investigate jurisdictional housing discrimination cases.
k. Assessment of Civil Penalties for Zoning Violations
The Board approved assessing civil penalties for zoning violations in five zoning cases. They authorized
the County Attorney to respond in writing to offenders to apprise them that the Board has reviewed staff reports of
zoning violations, and warning that the Board of County Commissioners will consider assessment of civil penalties
against owners of properties which have not been brought into compliance with ordinance provisions within thirty (30)
days from the date of the letter.
Local Travel Expense Reimbursement
This item was moved to the end of the Consent Agenda for separate consideration.
VOTE ON THE CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM THE CONSENT AGENDA
b. BOCC Meeting Schedule for Calendar Year 1999
Commissioner Carey asked that the Board not meet on Saturday except for their goal setting retreat in
December. Other changes were suggested. It was decided that these changes will be incorporated and the calendar
will be placed on the next agenda for the Board's approval.
d. Orange County Small Business Loan Program
The Board considered the revised Small Business Program operating policies and procedures as
presented.
Commissioner Carey removed this from the Consent Agenda so that he could highlight this program and
encourage the news media to publicize this program.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the
Operating Policies and Procedures document with revisions as identified by the County Commissioners at the
September 15, 1998 meeting and as stated below:
? Under "Commitment Period" (document page 1) it shall read "After three (3) years, the loan program will be
reviewed by the Board of County Commissioners and participating financial institutions to determine
whether to continue the program".
Under "Procedures," paragraph 5 (document page 6) language was added regarding reports to Board of
County Commissioners which reads "After Loan Committee approval, applications will be presented to the
Board of County Commissioners as a report at the next regular Board of County Commissioners' meeting.
In addition, any default or loan loss will be reported immediately at the next Board of County
Commissioners' meeting.
? Under "Loan Analysis," opening paragraph (document page 6) - language was added to address concerns
by Board of County Commissioners that the Loan Committee look at employer's plan for wages, health
insurance, term of residency, etc. which reads "The Loan Committee shall review and consider a number of
items in determining whether a loan should be made. The Loan Committee will consider the applicant's
length of residence in Orange County, the applicant's effort to provide a living wage to employees, the
applicant's contribution to health benefits for all employees, and the proportion of loan proceeds to be used
for working capital or operational funds.
VOTE: UNANIMOUS
1. Local Travel Expense Reimbursement
The Board considered increasing the monthly travel allowance for Commissioners from the current $90 to
$120 for the Board Chair, and from $65 to $90 for County Commissioners, to reflect the July 1, 1998 increase in the
federal mileage allowance to 31¢ per mile.
It was decided that the increase should be the same for the Commissioners as was suggested for the Chair.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve increasing
the travel allowance for the Chair to $120 per month and the County Commissioners to $95 per month.
VOTE: AYES, 4; NO, 1(Commissioner Crowther)
9. ITEMS FOR DECISION - REGULAR AGENDA
a. Amendment to Commission for Women's BVlaws
The Board considered amending the bylaws of the Commission for Women to expand the number of
members from 15 to 20. Commission for Women members Martha Oxenfeldt and Jacqueline Philips presented
information to the Board on their activities emphasizing that their level of activities has increased. They currently have
eleven members and three applications that are pending and one application coming. They want to grow and move
forward and that is why they are asking to change their bylaws and add five (5) additional members. They want to
expand their activities and are looking for diversity in their membership.
A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve amending the
bylaws for the Commission for Women allowing them to expand the number of members from 15 to 20 with the five new
positions being at-large positions.
VOTE: UNANIMOUS
b. Proposed Carrboro Development Moratorium
The Board considered adopting a three-month development moratorium for the Carrboro Northern
Transition Study Area. The Carrboro Board of Aldermen are holding a public hearing on the moratorium this evening
and Interim Planning Director Gene Bell reported on that public hearing. He said that there were eleven (11) speakers
who spoke about the moratorium. Nine of the speakers spoke about their concern that this moratorium would delay the
construction of anew school for the Chapel Hill-Carrboro City Schools. The Board of Aldermen unanimously extended
the moratorium until December 31, 1998 with the stipulation that the Town Manager will be allowed to accept and
evaluate applications from a local government unit during the moratorium, but not approve any of the accepted permit
applications.
JEF who lives in the Calavander area asked about the process of the Orange County Planning Board on
July 15. Gene Bell said that nothing was approved at that meeting. The Planning Board did not want to present a
recommendation to the Board of County Commissioners until the ordinance language was concluded for the Small Area
Plan. He hopes to bring back the Small Area Plan for consideration of adoption in December. Geoffrey Gledhill said
that there has not been a public hearing on the ordinance language yet and that will need to happen before it is brought
back to the County Commissioners for consideration.
JEF continued saying that he has a copy of the proposed implementation schedule which indicates that on
November 11, the Orange County Planning Board will review the ordinance and the other items. Then it will go back to
the Carrboro Planning Board and the Carrboro Board of Alderman will hold a public hearing on December 15 and after
that the Board of County Commissioners will consider the ordinances and the joint planning amendments.
A motion was made by Commissioner Crowther, seconded by Commissioner Carey that they not consider
any action on this extension until we hear directly from Carrboro or a representative.
Commissioner Gordon feels there are two issues - whether or not to continue the moratorium and the
schedule for approving the ordinances.
In answer to a question from Commissioner Halkiotis about what happens if we don't approve the
moratorium, Geoffrey Gledhill said that there is no moratorium.
Chair Brown said that she supports the moratorium to allow them additional time to work on the ordinance
language.
Commissioner Gordon asked that staff come back with a process and a timeline.
Commissioner Crowther feels that we need to know the schedule so that we will know that they can
accomplish what they need to accomplish in 90 days.
VOTE ON THE MOTION TO NOT TAKE ANY ACTION:
AYES, 2; NOS, 3 (Commissioner Gordon, Commissioner Carey and Commissioner Halkiotis )
A motion was made by Commissioner Gordon, seconded by Chair Brown to adopt the 90 day moratorium
with the stipulation that our understanding is that the Carrboro Town Manager will be allowed to (1) accept and evaluate
applications from a local government unit during the moratorium, but not approve any of the accepted permit
applications and (2) refer to staff to bring back to the County Commissioners the process for the Planning Board and the
Board of County Commissioners.
VOTE: UNANIMOUS
10. REPORTS
a. Report - Environment and Resource Conservation Department (ERCD)
The Board discussed the County Manager's recommendations on the formation of a new Environment and
Resource Conservation Department.
John Link commended the working group who prepared the report. In summary he said that on June 22,
the Board approved the creation of a new Environment and Resource Conservation Department (ERCD) and asked the
Manager to respond back with specific recommendations on the formation of the new department. This report is in
response to that request. He asked that the County Commissioners provide feedback which he will incorporate into the
report and bring back to the November 20 meeting for final decision. He suggested that a public hearing be held on
November 4. He proposed that the new department become effective November 23.
Planner David Stancil reported on the tasks that the new department will address. He explained that some
tasks are existing and some are new that are not being addressed.
Commissioner Carey agrees with holding a public hearing on November 4 and suggested that the County
Commissioners not decide on the effective date until after the public hearing. He said that this new department
troubled him because he feels the County could accomplish some of the goals set for this new department without
forming a new department.
Commissioner Crowther made reference to the Soil and Water Conservation District and said that he feels
we need to work on an agreement with them.
John Link said that they have met with the Soil and Water Conservation District and they are looking
forward to working together.
Commissioner Gordon said that she feels that this department is needed at this time because the
environment is an important issue to a lot of citizens. She wants to see this department formed so they can proceed
with conservation easements and focus on various ways to protect land. One important part of what this department
will do is work collaboratively with other departments. They will not take over any function of any established
department. She feels that Nov. 23 is not unreasonable. She hopes that public comments will improve the proposal.
Chair Brown said that she strongly supports the creation of this department. She feels that this new
department will help us in planning and acquiring resources in Orange County to preserve and protect farmland,
recreational land and wildlife.
Marshall Isenhour who lives on Pleasant Green Road said that he has concerns with this department
because of the restrictions this new department may place on farmland.
Ben Lloyd clarified that this is a decision item on November 20. He said that a public hearing for pubic
input would have been good before all the work was done in establishing this department.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to bring back to the
October 20 meeting the proposed operation plan for this department and to establish a public hearing date of November
4.
VOTE: UNANIMOUS
b. Employee Pay and Benefits Report
The Board heard a report on employee pay and benefits in preparation for its scheduled Oct. 13 work
session.
Personnel Director Elaine Holmes summarized the information the County Commissioners received on the
employee pay and benefits in preparation for the Board's work session on employee compensation scheduled for
October 13, 1998. Various questions from the County Commissioners were so noted and information on these will be
distributed before the work session.
c. Report on the Paving of the Southern End of Buckhorn Road
The Board heard a report on the current N.C. Department of Transportation project to pave the southern
end of Buckhorn Road.
County Engineer Paul Thames summarized the information in the agenda. He said that the Department of
Transportation is trying to address as many problems as possible. One portion of Buckhorn Road will not be paved
because of a right-of-way problem.
Tommy Dyer, district engineer from DOT answered various questions. He said that the cost of the bridge
and the associated improvements will exceed one half million dollars which would put this project in the TIP process.
Commissioner Gordon asked how wide the bridge is in relation to how wide the roadway is and Tommy
Dyer said that width of the road would be 20 feet and the width of the bridge would probably be 16 feet.
Commissioner Halkiotis questioned why it would cost that much and Tommy Dyer said that since it would
be classified as a TIP project, that these projects are usually in excess of one half million.
Lynwood Futron of 3818 Ten Road said that his concern is safety. The road which is paved turns onto this
bridge that is 16 feet wide. He will not let the fire units use this bridge because of the safety issue.
Mr. Ed Johnson endorsed paving this road saying that he does not want to stop the paving. He lives within
100 feet of the bridge. This is a dangerous bridge. There has been at least one accident a year. The railings have
been knocked over. He is afraid that the paving will cause additional accidents down the embankment. He asked that
signs be posted for the one lane bridge.
Mr. Tommy Dyer said that there is a possibility that the bridge could be widened. He will report back to the
Board on this issue. He will let the County Commissioners know what they can do to help. It was also decided that
Chair Margaret Brown will write a letter of endorsement.
d. Cane Creek Watershed Staff Report
The Board heard a report on staff recommendations to protect the Cane Creek watershed. In summary, in
October 1997, the OWASA Board of Directors adopted their "Final recommendations for Protecting Cane Creek
Watershed. County staff has prepared a report that summarizes the work and findings of OWASA on Cane Creek,
reviews the other comments and suggestions received, and evaluates the recommendations against the County's goals,
policies and plans, with special emphasis on the implications for County plans and ordinances.
The Board received this report as information. Staff will refine the staff report, conduct community meetings
and prepare a recommendation for the Board at the November public hearing.
11. APPOINTMENTS -no action
12. MINUTES - no action
13. CLOSED SESSION - NONE
14. ADJOURNMENT
With no further items to consider, Chair Brown adjourned the meeting. The next meeting as listed on the Board of
County Commissioners' meeting calendar will be held on Wednesday, October 13, 1998 at 7:30 p.m. in the Government
Services Center, Hillsborough, North Carolina.
Margaret W. Brown, Chair
Beverly A. Blythe, Clerk