HomeMy WebLinkAboutMinutes - 09-18-2001APPROVED 1 11 612 0 0 2
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
Regular Meeting
September 18, 2001
The Orange County Board of Commissioners met in regular session on Tuesday, September 18,
2001 at 7:30 p.m. at the F. Gordon Battle Courtroom in Hillsborough, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Stephen H. Halkiotis and Commissioners
Margaret W. Brown, Moses Carey, Jr., Alice M. Gordan and Barry Jacobs
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod
Visser and Clerk to the Board Beverly A. Blythe {All other staff members will be identified appropriately
below}
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE.
Chair Halkiotis asked for a moment of silence out of respect for those affected by the tragic events of
September 11, 2001.
1. ADDITIONS OR CHANGES TO THE AGENDA
Chair Halkiotis distributed a change to the regular meeting calendar, item 8b. The proposal is to
have a work session on October 1, 2001 since the work session was cancelled on September 11 t". Also,
a meeting with Durham Technical Community College officials will be October 11tH
PUBLIC CHARGE
Chair Halkiotis dispensed with the reading of the public charge.
2. CITIZEN & AUDIENCE COMMENTS
a. Matters Hat on the Printed Agenda -NONE
b. Matters on the Printed Agenda {These matters were considered as the Board addressed
the items on the agenda below.)
3. BOARD COMMENTS
Commissioner Gordon reiterated the feelings everyone has regarding sympathy for the victims and
families of the national tragedy and gratitude for all of those who have helped.
Commissioner Jacobs read a copy of a letter to the editor from the Board. "The attacks of
September 11 t", staggering and dishearteningly tragic as they were, should inform us all that our
immunity to catastrophe is illusory. We call upon our neighbors in the Triangle, our state and federal
government, and even the leaders of CP&L to reconsider locating the nation's largest repository of high-
level nuclear waste in our midst. Clearly, such targets of opportunity threaten us all in a world painfully
vulnerable to terrorism. Our legal attempts to get a full public evidentiary hearing on CP&L's expansion
of its storage pools reflect our genuine concern of the public's health, safety, and welfare. Responsible
vigilance requires no less."
Chair Halkiotis stated that the ceremony of remembrance that was just held earlier this evening is
truly reflective of what America is all about. He said that this country has been good to his ancestors and
was a land of opportunity far his parents. He said that the strength of our nation was the strength of our
people.
4. COUNTY MANAGER'S REPORT
5. RESOLUTIONSIPROCLAMATIONS
a. Resolution of Condemnation for Terrorist Acts and Regret for the Resulting Loss
of Life
A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve
and authorize the Chair to sign the resolution as stated below:
RESOLUTION OF CONDEMNATION FOR TERRORIST ACTS AND REGRET FOR THE RESULTING
LOSS OF LIFE
WHEREAS, on September 11, 2441, the United States of America was suddenly and brutally attacked,
presumably by foreign terrorists; and,
WHEREAS, these terrorists hijacked and destroyed four civilian airliners, crashing two of them into the
twin towers of the World Trade Center in New York, a third into the Pentagon outside
Washington, D.C., and a fourth into a field in southern Pennsylvania; and,
WHEREAS, thousands of innocent people were killed and injured as a result of these heinous attacks,
including the passengers and crew of the four aircraft, workers in the World Trade Center
and in the Pentagon, rescue workers, and bystanders; and,
WHEREAS, these cowardly acts were by far the deadliest terrorist attacks ever launched against the
United States, and, by targeting symbols of American strength and success, clearly were
intended to intimidate our nation and weaken its resolve; and,
WHEREAS, these horrific events have affected all Americans. It is important that we carry on with the
regular activities of our lives. Terrorism cannot be allowed to break the spirit of the
American People, and the best way to show these cowards that they have truly failed is for
the people of the United States and their counties to stand tall, proud, and unbowed.
The Orange County Board of Commissioners hereby Resolves:
That the Board of Commissioners of Orange County condemns the cowardly and deadly acts of these
terrorists; and,
That the Board of County Commissioners of Orange County supports the national government as it
works to defend our country against further attacks, and find the perpetrators of these horrific acts and
bring them to justice; and,
That the Board of Commissioners of Orange County recommends to its citizens to support the relief
efforts by giving blood at the nearest available blood donation center.
Let this Resolution be inscribed in the minutes of this meeting and sent to the Governor of North
Carolina, the Orange County legislative delegation, and the North Carolina Association of County
Commissioners this 18t" day of September, 2441.
VOTE: UNANIMOUS
Commissioner Jacobs spoke about how New York was an amazing place. He was born there
and grew up there with his family. He was also glad to leave because New York is also crowded and
competitive. As he has watched everything this week and the kindness of New Yorkers, he thought
about what it is that makes New York so different. He said that the difference was that it was the first
port of entry for millions of people who come to this country, as it says on the Statue of Liberty, "Yearning
to breathe free." He said that it was the diversity that makes New York so special.
6. SPECIAL PRESENTATIONS
a. Resolution of Appreciation -Triangle Land Conservancy and Eno River Association
Environment and Resource Conservation Director David Stancil presented and read the
resolution.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
approve the resolution of appreciation as stated below:
Resolution of Appreciation
Triangle Land Conservancy and Eno River Association
WHEREAS, the County of Orange embarked on a new Lands Legacy initiative over the past 18 months
to identify and acquire highest priority natural and cultural resource lands in the County, and
WHEREAS, a component of the Lands Legacy program includes coordination with non-profit land trusts
and the pursuit of joint initiatives with other land conservation partners, and
WHEREAS, the Eno River Association and the Triangle Land Conservancy are among the most
respected non-profit conservation organizations in the State, and
WHEREAS, both organizations have expressed willingness to partner with the County - as witnessed by
the successful Little River Regional Park and Natural Area effort, and
WHEREAS, the Little River Regional Park project is now hailed as an example of public-private land
conservation ventures, and the partnership of Orange County, Durham County, Triangle Land
Conservancy and the Eno River Association has leveraged $889,000 in outside grant sources toward
this project which, in addition to funds raised by the two organizations, allowed the County to purchase
land for the 391-acre park for $700 per acre, and
WHEREAS, both organizations are exemplary grassroots organizations that take a strong, long-term
interest in the preservation of natural and cultural resources in the County:
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners thanks the
Triangle Land Conservancy and Eno River Association for their willingness to enter into a partnership
with one another and with two governments, knowing all the uncertainties such alliances could bring.
BE IT FURTHER RESOLVED that the Board of Commissioners salutes both organizations for their work
in joint ventures to date, and looks forward to many more successful ventures in the future.
This, the 18t" day of September 2001
VOTE: UNANIMOUS
7. PUBLIC HEARINGS
a. Proposed Oranae County 2001-2002 Secondary Road Improvement Proaram
The Board discussed and received comment on the Orange County 2001-2002 Secondary
Road Improvement Program proposed by the North Carolina Department of Transportation.
Mike Mills, NCDOT Division Engineer, presented the program for the 2001-2002 Secondary
Road Improvements for Orange County. He said that the anticipated allocation is $1,637,402. This is
not the final amount. He noted that the department was trying to be more environmentally sensitive than
it has in the past. He said that the goal was to get the roads done by the fall of 2002.
Several clarifying questions of the Commissioners were answered satisfactorily by Mike Mills.
There were no public comments.
A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to close
the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve
the Proposed Orange County 2001-2002 Secondary Road Improvement Program for Orange County.
VOTE: UNANIMOUS
Mike Mills said that Grady Brown Road will be posted at 45 mph and school signs will also be
posted. He said that once the new high school is open, they will look at putting a light up at this
intersection. On Lawrence Road and US 70, they have increased the size of the stop sign and added an
additional "Stop ahead" sign. The speed limit on U5 70 will be reduced to 40 mph and the speed limit on
Orange High School Road will be reduced to 40 mph. With regards to the road hazards at US 70 and
King Auto, they are monitoring the situation and will pursue every avenue they can. With regards to the
rail crossing at Buckhorn, he has talked with the rail division and they are going to put in a rubber
crossing.
Chair Halkiotis suggested that NCDOT join forces with the County on the issue at King Auto
and make it a joint effort.
Chair Halkiotis said that there is a private development going in at the corner of US 70 and St.
Mary's Raad. The developer has put in an extra lane for US 70 and a concrete traffic island has been
added. He said that the traffic lines are all messed up and there have been two or three accidents there
because one lane suddenly ends. Mike Mills said that he would check on this tomorrow morning.
Chair Halkiotis also made reference to Pathways Elementary School and said that the school
system is trying to get the road coming off of Highway 57 dedicated to the state because the school
cannot get a sign an the roadway. He said that there was no warning for trucks that there is a school on
the road. Mike Mills said that they were going to put warning signs on this road.
Chair Halkiotis made reference to crosswalks and said there needs to be a safe place to
cross between the new high school and Grady Brown Elementary School.
Chair Halkiotis mentioned signage and said that if the municipalities can put animal crossing
signs and the state can put deer crossing signs, then there should be "Children at play" signs. He said
that these signs do not encourage children to play in the street, but only warn motorists that there might
be children playing near the road.
Commissioner Jacobs said that there is a concern heading north on Orange Grove Road
before you come to Grady Brown Road that there are no signs to say that a school is ahead. He noted
that in Georgia ar Alabama they raised the crosswalks so it is atraffic-calming device. He suggested
using the raised crosswalks to increase pedestrian safety.
Commissioner Brown is interested in how NCDOT makes decisions about private groups
putting up road signs. Mike Mills said that only official signs could be allowed in the right-of-way. Any
other sign can be off the right-af-way or on a secondary road. Commissioner Brawn mentioned a
subdivision that has a huge sign in the right-af-way. Mike Mills said that there should not be a private
subdivision sign on the right-of-way. He said that a request should be sent in to his office.
Chair Halkiotis said that NCDOT would be receiving a petition from Abundant Life Christian
Academy far additional signage an the road that there is a school there.
Chair Halkiotis made reference to the intersection of Palmers Grove Church Road and US 70.
He said that there have been at least another five or six accidents in the past year at this intersection.
He said that there should be a traffic light at this location.
Chair Halkiotis said that he personally appreciates the interest that Mike Mills has taken in
Orange County and the traffic concerns since he has been the District Engineer.
b. Local Law Enforcement Block Grant Public Hearing
The Board conducted a public hearing for written and oral comments on the Local Law
Enforcement Block Grant.
John Link summarized the information in the agenda. He noted that this taming year the
award is $12,271 and will be used by the Sheriff for overtime costs. The Sheriff recommends that the
Community Watch Advisory Board be the advisory board for the Local Law Enforcement Block grant.
There were no public comments.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
approve the Sheriff's recommendation to designate the Community watch Advisory Board to advise the
Sheriff on the use of the Local Law Enforcement Block Grants funds and to accept the Local Law
Enforcement Grant of $12,271.
VOTE: UNANIMOUS
8. ITEMS FOR DECISION -CONSENT AGENDA
A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve those
items on the consent agenda as stated below:
a. Appointments
This item was removed and placed at the end of the consent agenda for separate
consideration.
b. Change in Board of County Commissioners Regular Meeting Schedule
This item was removed and placed at the end of the consent agenda far separate
consideration.
c. Budget Amendment #1
The Board approved budget ordinance amendments, a grant project ordinance, and a capital
project ordinance for fiscal year 2001-02, which are incorporated herein by reference.
d. Motor Vehicle Property Tax Refunds
The Board adopted a refund resolution related to one request for property tax refunds
amounting to $12.95 which resolution is incorporated herein by reference.
e. FiVMtlhiousing Bond Programs -
consideration.
was removed and placed at the end of the consent agenda for separate
f. Petition for Addition of Subdivision Roads to the State Maintenance Program: Camden
Lane and Gloucester Court iChapel Hill Township): Crown Court f Eno Township)
The Board added Camden Lane and Gloucester Court (in Chapel Hill Township) and Crown
Court (in Eno Township) to the State-Maintained Secondary Road System.
g_ Amendments to Orange County Subdivision Regulations Concerning Definitions and
Approval Procedures for Minor Subdivisions
This item was held and taken up with item 9-d.
h. Orange County Stormwater Pragram Regulatory Enhancements for Lands Within the
Neuse River Basin
This item was removed and placed at the end of the consent agenda for separate
consideration.
i. Approval of Professional Services far Land Records Indexing System Analysis
This item was removed and placed at the end of the consent agenda for separate
consideration.
L Renewal of Contract for Multi-Family Recycling
The Board renewed and authorized the Chair to sign the contract with Waste Industries, Inc.
for multi-family recycling services.
k. Renewal of Governmental Buildings Recycling Program Contract
The Board renewed and authorized the Chair to sign the existing contract with Orange
Recycling Services, Inc. (ORS) in order to extend the provision of recycling collection services at
participating local government offices.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM THE CONSENT AGENDA
a. Appointments
The Board considered appointments to the Research Triangle Regional Partnership.
Commissioner Brawn made reference to the Research Triangle Regional Partnership and verified
that Orange County pays $8,000 annually to be a part of this organization. She said that she has an
issue about one of the goals of this organization. On page two, one of the primary assets is "relatively
low land prices and labor costs." She questions whether cheap labor is an asset to this community.
Commissioner Brown said that she will not support any appointments to this organization
because she does not support the goals of this organization.
Commissioner Jacabs agreed and said that we reduced our contribution because of the
issues and because we were not represented at the level for which we were paying. He said that the
organization almost never prints anything about Orange County in its newsletter.
Commissioner Carey said that we do have to realize that we are part of the region and failure
to participate means that we will have no voice. The amount of money sent to this organization by
Orange County was reduced. He does support this appointment.
Chair Halkiotis suggested that he, John Link, and Economic Development Director Diane
Reid meet and bring back a recommendation.
b. Chance in Board of County Commissioners Regular Meeting Schedule
The Board considered three changes in the County Commissioners' regular meeting calendar
for the year 2001.
Commissioner Gordon asked about the cancellation of the JPA meeting on October 1St
Planning Director Craig Benedict said that he spoke with Roger Walden, Chapel Hill Planning
Director, and Chris Berndt of Chapel Hill and the staff perception is that the repercussions of Chapel
Hill's comprehensive plan that affected the urban services boundary was just to affect their
comprehensive plan. There are repercussions against the JPA if there is to be a change in the rural
buffer and the transition area. This will be a separate item that comes internally from Chapel Hill to
address the comprehensive plan changes and how these changes may or may not affect the transition
area.
Commissioner Gordon asked about the specifics of the meeting with Durham Technical
Community College on October 11th. Clerk to the Board Beverly Blythe answered satisfactorily. She
said that it might be important to advertise when the business meeting will take place since there is a
dinner beforehand.
Chair Halkiotis said that the entire meeting could be a business meeting and not just after
dinner. He encouraged the press to come at the very beginning.
Chair Halkiotis said that he was confused about the JPA issues because he thought an
agreement had been reached regarding the water and sewer boundary. Commissioner Gordan said that
she was told that the agreement had not been changed but that the water and sewer map was changed
to reflect the comprehensive plan.
County Attorney Geoffrey Gledhill said that the change to the map changes OWASA's service
area to exclude the area that has been excluded from Chapel Hill's urban services boundary in its
comprehensive plan. In order for the water and sewer boundary agreement to be in agreement among
all other parties, the change in the map has to be sent around again.
Commissioner Brawn said that she never found that sitting at a long table was a goad way to
communicate. She is not clear on what is to be accomplished. It does not seem very business like to
her.
Commissioner Carey said that we need to clarify the current position on the satellite campus
and what steps we plan to take to move forward. He plans to attend and learn as much as possible.
Commissioner Jacobs said that he appreciates that Durham Tech is taking the initiative. He
thinks it is a good opportunity to support the satellite campus in Orange County.
Commissioner Gordon said that she would feel more comfortable if there was a set time for
the business meeting apart from the dinner sa the public could be better accommodated.
A motion was made by Commissioner Brown, seconded by Commissioner Carey to amend
the regular meeting calendar by canceling the JPA October 1, 2001 meeting; moving the October 2,
2001 regular meeting to October 1, 2001; and adding a meeting with Durham Technical Community
College for October 11, 2001.
6
VOTE: UNANIMOUS
e. HOME/Housing Bond Programs - Meadowmant Candaminiums
The Board considered the allocation of $180,000 in HOME Investment Partnership funds to
the Orange Community Housing and Land Trust in the form of a grant and also considered the Capital
Project Ordinance authorizing the expenditure of $350,000 in housing bond funding and $50,000 in
Housing Trust funds.
Commissioner Gordon asked about the grant versus the deferred loan. Housing and
Community Development Director Tara Fikes said that traditionally the HOME funds and the Housing
Bond funds were in the form of a deferred loan with the idea that if a property was no longer affordable
then there would be some repayment requirement. This is a grant because the properties are being put
in the land trust, thereby guaranteeing long-term affordability. This would also allow a reduction in the
improvements to the property.
A motion was made by Commissioner Brown, seconded by Commissioner Gordon to:
1. Approve the allocation of $180,000 in HOME Investment Partnership funds to the Orange
Community Housing and Land Trust in the form of a grant and authorize the County
Manager in consultation with the County Attorney to execute a Grant Agreement on behalf
of the County; and
2. Approve the Capital Project Ordinance authorizing the expenditure of $350,000 in housing
band funding and $50,000 in Housing Trust fund dollars; and authorizing the County
Manager upon the County Attorney's review and approval, to execute a Development
Agreement with Orange Community Housing and Land Trust on behalf of the County.
VOTE: UNANIMOUS
h. Oranae County Stormwater Proaram Reaulatorv Enhancements for Lands Within the
Neuse River Basin
The Board considered the Orange County Stormwater Program Regulatory Enhancements for
Lands within the Neuse River Basin.
Planning Director Craig Benedict explained the amendments as listed in the agenda abstract.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordan to
approve and adopt the amendments noted in this item and to forward Orange County's official request
for Delegated Authority to NCDENR - Division of Water Quality and the Environmental Management
Commission.
VOTE: UNANIMOUS
i. Approval of Professional Services for Land Records Indexing System Analysis
The Board considered the use of Lee Software Development for system analysis of the
indexing component of the Orange County Land Records System.
Commissioner Jacobs asked Register of Deeds Joyce Pearson if she was getting the needed
staff support to make this happen. Joyce Pearson said that the focus of this work would be on the
interfacing of the mainframe. Any software will have to interface with the mainframe. Currently, this
process is straightened out.
Chair Halkiotis thanked Joyce Pearson for all she has done to bring the Register of Deeds
office into the 21St century.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to
approve and authorize the Chair to sign a contract with Lee Software Development that reflects
substantially the accompanying scope of work, in an amount not to exceed $20,000; and to authorize the
Purchasing Director to execute the appropriate paperwork.
VOTE: UNANIMOUS
9. ITEMS FOR DECISION -REGULAR AGENDA
a. Reauest far Assessment of Civil Penalties -Jeffrey & Sharon Brooks Zonina Violation
Craig Benedict said that this item was brought forward earlier this year. Since March, they
have contacted Jeffrey & Sharon Brooks in July, last Thursday September 13th and also this afternoon to
let them know that this item was being brought forward tonight. The request for civil violations is for
abandoned cars parked at the residence. Mr. Brooks indicated that he would be selling two of the
vehicles to Hoyle King. However, the vehicles are still on site.
Tom King, Planner 2, Zoning Enforcement Officer, said that as of today, Mr. King was
supposed to come and pick up the two vehicles but this has not been done. There was not a reaction
from Mr. Brooks one way or the other to the fact that the civil penalties now total $7,500.
Commissioner Brawn asked about the County Commissioner's options. Geoffrey Gledhill
said that the County Commissioners could determine when to start assessing the civil penalties. The
penalties started accruing on July 6, 2001. If the Brooks' do correct the zoning violation, the County
Commissioners can cancel the enforcement action and not insist on collecting the money.
John Link suggested that the letter sent to the Brooks state that the penalty is assessed, but
any appeal to the penalty would require action to remove the violation.
Commissioner Brown would be comfortable with that if the zoning officer would hand deliver
the letter and explain it to the Brooks'.
Commissioner Gordan asked Geoffrey Gledhill far his recommendation. Geoffrey Gledhill
suggested that the Zoning Enforcement Officer hand deliver to the Brooks' the resolution in the agenda
and a letter, which indicates that if the zoning violation is corrected within thirty days that the civil
penalties will be remitted.
A motion was made by Commissioner Jacobs, seconded by Commissioner Brown that the
Zoning Enforcement Officer hand-deliver the Resolution for Assessment of Civil Penalties to the Brooks'
with a cover letter indicating that the civil penalties will be remitted if the zoning violation is corrected
within thirty days. Also, the letter will be explained to the Brooks' in person.
VOTE: UNANIMOUS
b. Stream Buffer Zoning Ordinance Amendments
The Board considered the proposed Stream Buffer Amendments.
Craig Benedict said that these amendments were first brought forward in 2000 and there was
a public hearing that was continued from December 4, 2000. At that meeting, there was same question
about the lots that would be affected and the lots that would be grandfathered in He distributed a
summary of the stream buffer amendments. He summarized the amendments in the five sections of the
Stream Buffer section in the Zoning Ordinance.
Commissioner Gordon asked about process and how a member of the public would process
this information. She feels that the way these amendments are written is pretty confusing and she asked
for a clarification of the various numbers (i.e., wildlife corridor is 150 feet, etc.). Craig Benedict said that
these stream buffer regulations had been in the code for over 10 years and the amendments were
simplified from the previous code. He further explained some of the numbers.
In answer to a question from Commissioner Gordon, Robert Davis, Planner 2, read from the
ordinance, Section 6.23.10c.
John Link suggested addressing this item at a future work session. The Board decided to act
on this item because the questions were addressed sufficiently.
A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to adopt
the attached Stream Buffer Zoning Ordinance amendments.
VOTE: UNANIMOUS
c. Oranae CountvlHillsborouah's EDD Task Farce Further Authorization Reauest
The Board received an update from the Economic Development Districts (EDD} Task Force
and EDD Joint Transportation Advisory Committee (JTAC) and considered the next steps.
Craig Benedict summarized the Orange CountylHillsborough Cooperative Projects, both short
and long-term. He said that the staff is asking the Board to approve the continuation of the charge of this
task farce in order to address items I-A, 2, 3, 4, and 5.
Commissioner Gordon asked about the map for the courtesy review area. Craig Benedict
said that it was an enlargement of the 50-year water and sewer boundary.
A motion was made by Commissioner Gordon, seconded by Commissioner Carey to send
forth the task force to work on the short-term projects -Sections 1 a, 2, 3, 4, 5.
VOTE: UNANIMOUS
d. Clarified Amendments to Orange County Private Road Subdivision Regulations:
Section IV-B-3-d-1 and Appendix A Private Road Standards
The Board considered proposed amendments to the Orange County Subdivision Regulations,
Section IV-B 3-d-1 Roads and Appendix A.
Craig Benedict said that the original private road standard amendments go back over a year
ago when there were 25 lots allowed an a dirt road. This was reduced to 12 lots and the changes have
been finalized. Also, the minimum lot size for the area was suggested to be doubled in order to have a
private road in a subdivision. It was brought up by Commissioner Jacobs to allow something less than
double the minimum lot size if there was at least 50% open space.
Craig Benedict clarified that three-lot subdivisions do not have to provide a private road
justification, but they still have to go through all of the other subdivision regulations to prove that a public
road would not be more appropriate. The private road must still be built to a class B standard.
Commissioner Jacobs made reference to page five at the top and read as follows: "Such
subdivision of three or fewer lots may provide a private access easement for one adjacent lot... " He
asked how the "may" works and if staff decides. Craig Benedict said that the suggestion would be made
by a developer and a property owner and staff would decide if it was a good idea. It is a voluntary
situation. Commissioner Jacobs suggested saying, "Such subdivision of three or fewer lots would be
encouraged to provide..." so that it is clear that it is not a requirement.
Commissioner Jacobs asked about page seven, number seven and what would happen if the
grade does exceed 9°~. Craig Benedict said that 9°~ is quite steep and this is the provision presently in
the code. The purpose is to handle erosion control on slopes because any slope higher than 9% would
have erosion problems. Commissioner Jacobs said that it would be better to have a declarative
statement that no private roads will be built at a grade greater than 9%.
Craig Benedict made note of the suggestion. Any change in the warding would have to go to
public hearing.
A motion was made by Commissioner Jacobs, seconded by Commissioner Brown to adopt
the proposed clarified amendments to Orange County Private Road Subdivision Regulations: Section
IV-B-3-d-1 and Appendix A Private Road Standards.
VOTE: UNANIMOUS
The Board decided to postpone item 8-g.
e. Appointments
The Board was to consider appointments to the Economic Development Commission,
Industrial Facilities and Pollution Control Financing Authority, and the Visitors Bureau of Chapel Hill and
Orange County, but this item was delayed.
10. REPORTS -NONE
11. APPOINTMENTS -NONE
12. MINUTES -NONE
13. CLOSED SESSION
A motion was made by Commissioner Gordon, seconded by Commissioner Carey to go into
closed session "To discuss the County's position and to instruct the County Manager and County
Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS ~
143-318.11(a}{5).
VOTE: UNANIMOUS
14. ADJOURNMENT
With no further items to discuss, a motion was made by Commissioner Gordon, seconded by
Commissioner Carey to adjourn the meeting at 10:30 p.m.
Stephen H. Halkiotis, Chair
Beverly A. Blythe, CMC
l0