HomeMy WebLinkAboutMinutes - 19721204-~~ 7 50~ MINUTES OF THE ORANGE COUNTX
BOARD OF COMMIISSIONERS
December 1~, 1472
The Board of Conanisaionera of Orange County mat in regular session in the
Conference Room of the Sooial Services Building in Hillsborough, North Carolina,
on Monday, December 4, 1972, at 10 o'clock A.M.
..~
Members Present: Chairman Harvoy D. Sennett, and Commissioners William C.
Ray, Henry S. Walker, Ira A. Ward and C. Norman Walker.
Members Absent: None.
Minutes of all previous meetings were read and approved after some corrections.
Chairman Bennett asked iP there was any old business to some before the Board.
The matter of the landfill agreement between the Town of Chapel.Hill, the Town of
Carrbora and Orange County wsa disousaed. Commissioner William C. Ray stated that
he felt the Board .should re-emphasize the fact that the landfill area was for the
use of all citizens of the County. Chairman Bennett stated that he felt the time
schedule for the landfill area should be so set that the area would be open to the
public on Saturday. Discussion ensued.
Chairman Bennett atatad that this wsa the time and place for him tc retire
from the Board. He addressed hia remarks of appreoiation to each member of the
Board for the oooperation and friendships that he had shared for twelve years.
Commissioner William C. Ray stated that ho, too, wished to thank each'Board
member for the cooperation and courtesies that had been extended to him during his
two ter:as in office. He extended to:~ the two new Board members his beat wishes for
a successful term.
L. M. Cheshire, County Attorney, presented to Chairman Bennett a copy of the
following Resolution:
"Whereas, Harvey D. Beno:ett wsa nominated by the voters of Orange County
to the Orange County Board of Commissioners in the Democratic Primary of May
1960, and
Whereas, Harvey D. Bennett wsa elected by the voters of Orange County to
the Board oP Commissioners of Orange County in the General F~ection of 1960, and
Whereas, Harvey D. Bennett wsa again nominated in the Democratio Primaries
of 196l~. and 1868 and again elected in the General Elections oP 1961y and 1968 to
the Orange County Beard of Commissioners, and
Whereas, Harvey D. Bennett was elected by his fellow Commissioners as
Chairman of this Bcard in December of 196!} and re-elected to that position in
1966 and 1970 fulfilling oath term of office with great distinction, and
Whereas, Harvey D. Bennett through his understanding of the problems of
County (}overnment and his broad business experience has led the way towards
better government For Orange County, and
Whereas, Harvey A. Bennett having served twelve gears in the office of
County Commissioner oP Orange County did not seek re-nomination to this oPPice
in the Demoaratie Primary of 1972.
Thereforo, Bo It Resolved, that the Orange County Board of Commissioners
sating through its members, C. Norman Walker, Henry S. Walker and Ira A. Ward,
now takes this means of expressing to Harvey D. Bonnett its sincere appreciation
and deep gratitude for his faithful service and able leadership, and it wishes
him and his family every happiness in the years ahead.
Let a copy of this resolution be presented to the said Harvey D. Bennett,
a copy sent to the press, and the resolution be spread upon the minutes of this
meeting oP the Orange County Board of Commissioners, this the lEth day of
December, 1972."
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L. M. Cheshire, County Attorney, presented to Commissioner W111iam C. Ray
a copy of the following Resolution:
"Whereas, William C. Ray was nominated by the voters of Orange County
to the Orange County Board of Commissionera.in the Democratic Primary of
May 1964, ana
Whereas, William C. Ray wsa elected by the voters of Orange County to
the Orange County Board of Commissioners in the General Election of 1964, and
Whereas, William C. Ray was again nominated in the Democratic Primary
of May 1968, and again elected in the General Eieation oP 1968 to the Orange
County Board of Commissioners, and
Whereas, William C. Ray since assuming office in December oP 1961} has
well served all the citizens of Orange County as a member of tkie Board oP
County Commissioners and hsa given Freely and unselfishly oP hie time and
hie talent and through hie Foresight and leadership has promoted and helped
develop many progressive ahanges.in all aspects of Orange County Government.
Therefore, Be It Resolved, that the Orange County Board of Commissioners
acting through its members, C. Norman Walker, Henry S.. Walker and Ira A.
Ward, takes this means oP expressing to William C. Ray its sincere
appreciation and deep gratitude for hie service and able leadership, and it
wishes him and his family every happiness in the years ahead.
Let a copy of this resolution be presented to the said William C. Ray,
a copy sent to the press, and the resolution b® spread upon the minvtea of
this meeting of the Orange County Board of Commissioners, this the 4th day
of December, 1972."
S. M. Gatos, County Administrator, presented to Chairman Bennett and
Commissioner William C. Ray silver trays in behalf oP the members of the $oard
of Commissioners and the County employees. .
Upon motion of Commissioner William C. Ray, aeaonded by Commissioner Ira A.
Ward, it was moved and adopted that the meeting be adfourned.
Vioe Chairman Henry S. Walker ssauwed the chair and declared the meeting of ~
the Orange County Board of Commissioners in session. He requested Frank
Frederick, Clerk of Superior Court, to administer the oath of office to the two
duly Bleated Orange County Commissioners. The oath of office wsa administered
by the Clerk to Flpra (}arrett and Richard E. Whitted.
- Vice Chairman Henry 8. Walker stated that this was the time for the election
of the Chairman of the Board. He announced that he was not a candidate Por the
position as Chairman. S. M. Gattis, County Administrator, handed out the ballots.
The Clerk collected the ballots who in turn gave them to the Vice Chairman. The j
Vise Chairman announced that C. Norman Walker had been Bleated as Chairman.
Chairman Walker stated that the 3oard must elect a Vice Chairman. $sllota
were given to the.membera of the Board. Chairman :dalker announced that
Commissioner Henry S. Walker had been elected as Vice Chairman of the Board.
Chairman Walker recognized Don Cax. Mr. Cox stated that he was present
representing the Eno River Association. He stated that he had in his possession
a copy of an application for Federal funding which had been filed by the City of
Durham in August, 1972, Por the purpose of purchasing property along the rho
River. He asked if the County of Orange had ever been contacted by the City oP
Durham relative to the proposed project. Mr. Cox was advised that no correapondenae
had been forthcoming and that the County wsa not aware of the plans of the City
of Durham to further esquire property in the county. Mr. Cox requested the
County to write to the Greensboro office of the Housing and Urban Development and
to request this department to delay any oonsideration on the grant application
until, a study could be completed as to the impact oP the proposed prp~eat plans
could be determined. Discussion ensued.
Upon motion of Commissioner Henry S. Walker, seconded by Commissioner Richard
E. Whitted, it was moved and unanimously adopted, that a letter fFDm the Orange
County Board oP Commissioners be forwarded to the Greensboro office of HUD
requesting that a ninty (90) day delay, prior to the final aonaideration of the
$300,000.00 application for funding to the City of Durham, be granted oa the Eno
River Park - - Weat.
Commissioner Richard E. Whitted suggested that the Board write the City of
.~ Durham requesting information relative to its proposed purchase of land along the
Eno River. Tt wsa agreed that such a letter should be forwarded.
5. M. Gattis.adviaed the Board that they had been invited by Ebert Pieree,
County Extension Chairman, to attend a meeting of the Agricultural Foundation
in Raleigh on Tuesday, December 12th.
Chairman Walker recognized Clayton Haithooak, Zoning Officer. Mr. Haithcock
submitted a plat entitled "Property of Julian Barbee" in Eno Township. He
stated that said plat had been approved by the County Planning Board.
Tt was agreed that Chairman Walker should be authorized to sign said certificate
oP approval on the plat.
Chairman Walker recognized Lloyd Senter, Chief of the Southern Orange Reaoue 1
Squad. Mr. Senter reported an the activities of the squad stated that his purpose
for being present was to request the financial assistance of the County in the
oonatruotion of a building that would house the ambulance a, equipment and provide
quarters for the men on duty. He stated that the Town of Carrbbrb:...-. had agreed to
give the land and that the estimated coat oP oonatruating a facility would be
approximately $78,000.00. Discussion ensued. Tha Board informed Chief Senter and
the other representatives of the South Orange Rescue Squad that they were
appreciative of the services being rendered by their unit and that they were
interested in assisting the squad with their building praJect, however, the Board
must first find the funds and the means to deal with the request. Commissioner
Flora Garrett asked about the duplication of aerviaea between the South Orange
Rescue Squad and the Chapel Hi11 Funeral Home. Chief Senter replied that there
waa:vsry little confusion or conflict concerning the two ambulance units; fn that,
moat of the sells was directed by the SherifP~s Department to the Squad unit.
Commi.asioner Ward caked if an annual appropriation of $10,000 could be granted by the
County would this help with the building pro3eat. Chief Senter replied that auch_
an allocation would be helpful. Commissioner Ira A.. Ward then suggested to .the
Board a $10,000.00 annual allocation coupled with the amount currently being paid
to the Chapel Hill Funeral home would come to the same total cost &s the bid which
had been submitted by Durham Ambulance Service.
The County Administrator stated that he had received a letter from C. Thomas
Biggs, Attorney at Law, relative to the withdrawal of a aizty foot (60~) dedicated
roadway. Chairman Walker recognised Mr. Biggs who then nreaented and read the
following petition:
"NORTH CAROLINA -
ORANGE COUNTY "
PETITION OF ROGER G CASH AND WIFE
NANCY M. CASH AND PAUL L. ADAISON AND WIFE, '
IRENE H. ADDISON, TO CLOSE 60-FDOT UNNAMED -
DRIVE AS SHOWN IN PLAT BOOK 7 at page 65, .
ORANC•E COUNTY REGISTRY
TO THE MEMBERS OF THE BOARD OF ORANGE COUNTY COMMISSIONERS:
The undersigned respectfully show:
I
That Roger 0. Ceah and wife, Nancy M. Cash and Paul L. Addison and wife,
Trene H. Addison are the owners in fee simple of all that property as shown
in plat of Property William T. Overaker, a copy of which is attached hereto,
said plat being recorded in Plat Book 7 at page bs, Orange County Registry,
fronting on the seat and west aides of an unnamed 60-Foot roadway running from
St. Mary~a Road (Guess Road) to the northern boundary of the property of the
Petitioners.
TT
That said roadway was dedicated by said plat but that it is not at the
present time open or being used by the publio for public purposes.
IIz
That the Petitioners above referred to own all oP the property ad~oiniag _
either aide of said road as heretofore mentioned, and that no person or property
owner as shown on plat in question will be deprived of a reasonable means of
ingress and egress to hie property by the closing of said road and the closing
of said road will not be contrary to the public~a interests.
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. _t 7 '~. rJi~.
WREREF'CRE, Petitioners reapeatfully request your Honorable Body to take
such action as may be legally neoesaary to relinquish and abandon any rights
or privileges which the public might conceivably have acquired is said erase
so as to permit the oomplete closing and abandonment of portions of said
drive, sa shown on the plat attaohed hereto, for street or right-oP-way
purposes.
RespeatPt~7.ly submitted, this 4th day of December, 1972.
Roger Cash Pa L. A icon
ancy M. as reae A son
NORTH CAROLINA
ORANGE COIINTY
ROGER G. CASH and wife, NANCY M. CASH and PAIIL L. ADDISCN and wife,
IRENP H. AADISCN, being first duly sworn, depose and say:
That they era the petitioners is the above entitled action; that they
have read the foregoing Petition and are familiar with the contents thereof; ~
that the same 3s true of their own knowledge and belief except for those
things therein alleged upon information and belieY and as to those, they
verily believe them to be true.
Roger Cos , A an Pa Q son, A an
ancy M. Cash, A ant Irene H. A ison ~
i
Sworn to sad subscribed before me, this the - day of ~_______-_~ 1973.
otary Pu c
My Commission expires:
~,
Diaoussion ensued. j
IIpon motion of Commissioner Ira A. Ward, seconded by Commissioner Flora
Garrett, it was maned and adopted, that the public hearing on the withdrawal
of a sixty Yoot (60') dediasted unnamed roadway was scheduled Yor Tuesday,
January 2, 1973, at 12 o'clock noon.
The County Administrator advised the Board that the County Attorney had 1
received a ruling from the Attorney Generals Office relative to the request of
the Chapel Hill Leased Housing Corporation. Tha following letter was presented;
"The Chapel H111 Leased Housing Corporation, a nonprofit, non-share
issuing corporation organized under Chapter SSA of the General Statutes of
North Carolina, purposes in its charter to promote housing projects Por
persons of low income by rendering financial assistance to the City of
Chapel Rill and its Housirsg Authority, to acquire buildings and facilities
usable as housing for persons of low income ("Yor the use oP the Housing
Authority of the City of Chapel Hill"), and to promote the common good and
general welfare of the City of Chapel Hill and ita inhabitants. It will
issue bonds to be aeovred by anticipated rent revenues, and when it will
have Fully paid any indebtedness incurred under such bonds, it will upon
the request oP the City of Chapel Rill transfer to it all its properties and
"affairs".
As Orange County Attorney, you eak whether the County has authority
to exempt the properties of the Chapel Hill Leased Housing Corporation from
ad valorem taxes.
We can Pind no authorisation for excepting property of the Chapel Rill
Leased Housing Corporation from ad valorem taxation.
The Housing Corporation's purposes, however salutary and commendable,
must yield to the all exaluaive nature oP the real property exemptions
enumerated in d}. S. 105-278. At first blush, we find appealing the possible
argument that the Housing Corporation is a "oharitable association" but it
is not warranted by previous opinions of this offioe or the facts as
presented to us. That the Housing Corporation is organized under the non-
profit corporation provisions is of aaurse unavailing as to the ultimate
question of its characterization ae "charitable" or "non-charitable" within
the contemplation oP G.S. 105-278. Although it appears the interrelationship
of the City of Chapel Hill, the Chapel Bill Housing Authority, and the
Housing Corporation will indeed be close, the Housing Corporation cannot cloak ~
itself with any of the statutory exemptions available to the other corporate
bodies. .That it stands alone 3s evident by the feat that they as separate
entities will not be looked to for any of the Housing Corporation's debts.
The bonds which will raise the bulk oP the Housing Corporation's funds are to
be secured by the rental payments and solvency oP its anticipated tenants, and
it is only to them that the "charity" of the Housing Corporation extends."
The Chairman presented a letter from Patricia Stanford Hunt, Orange County's
rspreaentative to the General Assembly. Mrs. Hunt advised the Board that she was
s~ailable to the Board if they wished to disausa proposed or pending legislation.
Discussion enaued,relative to local legislation.
The County Administrator recommended that County employees be granted
December 25th and December 2bth ae Chriatmea holidays.
Upon motion of Commissioner Ira A. Ward, aecanded by Commissioner Henry S.
Walker, it was moved and adopted, that the reapmmendation of the County Administrator
be approved.
The County Administrator informed the Board that the State Personnel
Department had advised him that the study and realaasificaticn program "Position
Clasaifiaation Plan" and "P~ Plan" which was being done for the County was re3y
o e su a Gatos s~a~d that he recommended that this study be
presented to the Board in .executive session. Discussion enauad, It was agreed
that a epeaial meeting would be eaheduled Por Thursday, December 71}, 1972, at 7:30
P.M. fn the District Courtroom.
The County Administrator advised the Board that the Engineering Tian of Rose,
Pridgen and Freeman had completed the neaeasary survey on the Seven Mile Creek
Reservoir project and that the County should proceed to purchase the Pifty-eight
(58) area Pram Edward Draper-Savage as soon as possible. He stated that Mr.
Draper-Savage had agreed to sell the property for five hundred dollars ($500.00) -~
par eater Dissuasion ensued.
Upon motion of Commissioner Henry S. Walker, seconded by Commissioner Flora
Garrett, it was moved and unanimously adopted, that the County proceed with the
purchase of the fifty-eight (5B) acres from Edward Draper-Savage at a purchase
price oP five hundred dollars ($500.00) per acre.
• ~J Chairman Walker presented the following letter from John T. Church, Chairman
oP the Utilities Study Commission:
"At its meeting on November 27, 1972, the University of North Carolina at
Chapel Hill Utilities Study Commission authorized me as Commission chairman to
"invite Prom the Town oP Chapel H111, the Town of Carrboro, and the County of
Orange any proposal that all or any of said governmental entities may wish to
make for the acquisition of all or any of the telephone, electric, water, and
sewer utilities owned by the University at Chapel Hill by way of an authority
or otheruriae." Please accept this as that invitation. Any proposal that
might be submitted as a result of this invitation should be forwarded to me by
not later than March 1, 1973.
Should you need say information in developing a proposal or if you have
any questions that I as ohairman can answer, please let me know. 2 feel sure
that oPPiaials of the University will be happy to provide assistance if needed."
Discussion ensued. Commissioner Flora Garrett advised the Board that she had
discussed the matter of the purchase of the public utilities with the Mayor and
some members of the Board of Aldermen oP the Town of Chapel H311 and that it was her
understanding that these 3ndividvals desired the establishment of an Authority who
would be responsible for the control and. operation of the utilities. Further
discussion enauad. It was decided that a joint meeting between the Towne of Chapel
Hill sad Carrboro and members of the Board should be arranged at the earliest _
convenient date. The County Administrator was directed to contact representatives
oP each of the Towns and to schedule a joint meeting for the purpose of discussing
the purchase oP all public utilities from the University oP North Caroline.
__.~ 7 ;'~_ 513
Commissioner Tra A. Ward brought the matter oP the request for financial
assistance that had been preaentod by the South Orange Rescue Squad. He stated
that he leans towards his first suggestion of a $10,000.00 annual appropriation.
Commissioner k'].ora Garrett brought to the attention oP the Board the Pact
that a new rescue squad had recently been formed in the New Hope area.
- The County Administrator stated that he felt the County should re-evaluate
all financial assistance to ambvlaaae service in the County and form soma type of
format for the funding of the respective units. It was agreed that a joint meeting
with Bynum Weaver, Chapel Hi11 Funeral .Home and representatives oP the South
_ Orange Rescue Squad should be scheduled for the purpose oP disausaing the matter
of ambulance service.
Commissioner Tra A. Ward stated that he wished to share some of his
responsibilities on the various Boards with the two new Cammi.saioners; however,
he did wish to retain his position on the Mental Health Board. The new
Commieaionera inquired as to which agency Boards the Commissioners were expected
to provide represeatatioa Prom the membership oP the Board. Commissioner Ward
stated that the Triangle Covnoil oP Government, the Law and Order Committee and
the Orange-Chatham Community Action Committee were just a few oP the agencies
that required membership from the Board of Commissioners.
There being no further business to come before the Board the meeting was
adjourned to meet again in ~ecutive Session on Thursday, Deoember ]j}, ].972.
C. Norman Walker, Chairman
Betty June Hayes, Clerk
MINIITES OF THE ORANGE COIINTY
BOARD OF COMMISSIONERS
December 1L~., 1972
The Board of County Commissioners of Orange County met in Executive Session
on Thursday, December ].~, 1972, at 7:30 o~clock.P.M. in the District Courtroom
of the Courthouse in Hillsborough, North Carolina. ;
Members Present: Chairman Norman Wa1'ser and Commissioners Henry S. Walker,
Ira A. Ward, Flora Garrett and Richard E. Whiffed.
Also present was C. D. Aright, Sheriff, and Betty June Eiayea, Register of
Deeds.
Chairman Walker recognized William S. Christian, Supervisor, Position j
Classificaticn Servico, Offioe of State Personnel and Cameron Sdeat, Jr, also
from the State Personnel Office. Mr. Christian preaentod to eaoh member of the
Board and to each department official copies of the "Pay Plan"and "Position
Classification Plan" which had been prepared by his d-epar~nt. Discuas'ion
ensue as o e purpose oP the plan ae viewed by the State Personnel Office.
There being no further business to coma before the Board the meeting was
adjourned.
C. Norman Walker, Chairman
Betty June Hayes, Clerk