HomeMy WebLinkAboutMinutes - 19730806MINiYrE$ Or TEE ORANGE COUNTY BOAF~ OF CCgSMISS20NERS
AUGUST 6, 1973 BOOT( $ PrGE ~~3
The Orange Gcunty Board of Commissioners met in regular session an Monday, August 6, 1973, at
ten o~clock a.m. in the Conference Reom of the Social Services Department in Hi.]lsborough, N, C.
Members present: Ch~rraan Nornan Walker, Commissioners Flora 6arrett~ Henry S. Walker and
Richard E. Whitted.
Members absent: None
S, li, Gattis, Cotmty Administrator, L. M. Cheshire, County Attorney, and Betty June Hayes,
Clerk to the Board were also present,
Chairman t~Ialker recogni zed Clayton Haithcock, the Cwnty Zonisig Officer. Mr. Haithcock
presented the following plats:
Hidaway Estates property of Honer R, Tapp. Said property is located in Chapel Hi71 Township
and the preliirD.nary plat is dated June of 1973. _
Upon motion of Commissioner Henry 5, Walker, seconded by Cwmni.ssioner Richard E. Whined,
it was moved and adopted that the Board approve the preliminary plat of Hideway Estates.
Final plat of two lots of Grey Moody located in Chapel Hill Township. Said plat was
dated July 12, 1973.
Upon motion of Cap~isaionar Richard E. Z~lv.tted, seconded by Carr¢m.ssioner Henry 3. Walker,
it was moved and adopted that the Chairman be authorized to sign the certificate of approval
on the plat of Grey Moody.
Chairman Walkax recognized A. B, Colanan, Jr., Attorney at Law, who was present to represent
Jimmy Freeland of Chapel ~.L, N. C. Mr. Goleman requested the Board to reconsider the zoning
request that Mr. Freeland had presented to the County Planr3ng Board to re-zone five acres of
his property from a residential area to a mobile home park area, The Attorney stated that Mx.
Freeland would be willing to submit at~'.evidence relative to his re-zoninro request and that he
planned to drill the m~Y;,v„m cumber of we71s for the plazmed project plus he planned to install
three hundred and fifty (350) fear of sewerage line per trailer. space. Tt was further stated that
the developer would abide by ax~y .~ipvlations that the Board would raqui.re. lb.scussion ensued,
The County Attorney advised the Board that they could not 1egal].y impose any stipulati.ona on the
developer other than those contained in the Zoning Ordinance,
Cofmrri.ssionar Henry S. Walker moved that the plat of Jim Fxee7.aud of Chapel Hill Township
be approved for xecoxd~.ng. T2~is motion died fox the lack of a second. Further discussion ensued.
Upon motion of Commissioner Henry 3, Walker, seconded by Commissioner Richard E. :~lllitted,
'- it was moved and adopted that the Chairman of the Hoard be authorized to sign the certificate of
approval on the plat of Jimmy Freeland,
17k. Hector Ferias, Jr. of Brandywine Road, Heritage Hills, Chapel Hi11, N. C,, inquired of the
Board why the County Zoning Officer had not, after the County Board of Adjustments had refused to
grant a various, rescinds building Hermit that had been issued to University Builders.
The County Attorney ask for permission to respond to Dr. Faxias~ question. Mr. Cheshire stated
that Mr. Haithcock had sought his advise relative to the matter of rescin,~ing the building permit.
The County Attorney said that he did request Mrs. Patty Snd.th, who is employed in the Tax Mapping
off5.ce, to compute the measurements on said lot and that according to the calucations the lot should
contain 14.,810 square feet. Based crrt this fact and the fact that the exact size of the lots could
ba determined only by a survey of the area he then advised the County Zoning Officer that there was
not sufficient evidence to either prove ox disprove that the lot did not contain the proper number of
square feet; and that he, therefore, advised the Zvni.ng Officer Hat to rescind the building permit
that had been issued to University Builders. Discussion ensued.
Commissioner Flora Garrett stated that she felt that the County had no right to overru7.e the
decision of the County Board of Adjustments in that the Board. of Adjustments had refused to grant the
developer the right of a various. Further discussion ensued as to the possibility of the County being
enjoined in a suit over the matter, The County Administrator suggested that if the developer wished
to continue the construction that ha should be aware that such continuation was being done at his
own risk.
Upon motion of Comrstssa.oner Flora Garrett, seconded by %chard E. S~Ilv.tted, it was moved that the
Cotimty proceed ~amnediately to rescind the building permit that had been issued to University BSailders
for the constructicm of a house on Lot Number Tan, Block B, of Heritage Hi11s. This motion was
unanimously adopted..
Chairman ?talker recognized Mrs, T. S. Coile and other representatives of the Eno Fire District,
Mrs. Cvi1e reported an the accomplishments of the volunteer Fire ]~artment since its organization
in 1959. She stated that the funds for the department had been raised mainly through donations and
other cornmmity activities. The annual budget for the department amounted to approximately $7,000.00.
She stated that it eras the opinion of the Trustees of the department that the tax rate for the area
should be set at six cents (6¢) for the 1973-1974 tax year.
The County A~~inistrator presented buy
Name of the District Last Years
Appropriations
Efland $21,000,00
New Nape X1.2,000.00
igeta for the following
1973 Requested
Appropriations
$23,BoD,DD
~27,689.Go
4,n nnn nn
.re Districts:
1973-1974. Requested
Tax Rate
eight cents (8¢)
ten ce¢~ts (10¢)
r.... ..,...r... /I.~~
BOOK S r'.LE ~~`~
The County Admixri.stxator advised the Board that due to 'the coxrtractual aarz'angements between
the South Orange Fire District and the Greater Chapel Hill FS.re District with the Town of Chapel
Hill that these two chstricts had requsted a tax rate of ten cents (10¢). The Aogurood Acres
Sanitary lYLStri.ct last year had a tax rate of fifty seven cants (57¢) and that this year's rate
would be twanty five cents (25¢).
Diseuasion ensued. as to whether or not the Eno Fire District had adequately covered their
fiscal needs in the budget that had been presented. The representatives of the District requested
permission to reappear before the Board to discuss the proposals that they had made earlier in the
day. The representatives stated that after further consideration they felt that they had und~r-
estimated the expected expenses of their department as they had net allowed for the purchase of anq'
new aquipmer_t, therefore, they were requesting that the Board amend their previous budget and .tax
rate request from $12,000.00 to ~L5,000.00 and that their tax rate be established at eight cents
(8¢) instead of six cents (fi¢).
Chairman Walker presented a letter signed by Dr. and Mra. Sidney R. 9mth, Dr. and bfrs. 0. L.
Carlson., Mr. and Mrs. Sohn Harold, Mx. and Mrs. Cecil Davti.s, and Daniel L. Leonard. Said letter
requested that the Board consider passing an Ordinance that would ban late-night rowdiness and distur-
bances. Discussion ensued. The Caur_ty Attorney was requested to secure copies of Anti-Noise
Ordinances from the municipalities in the county anal from the adjoining counties. The Clerk was
instructed to advise that the Board was considering their request.
A letter from F.dimmd Latta of Hillsborough was presented. Said letter advised the Hoard that
Y4r. Latta was dacl.ixri.ng to serve on the Council of the Aging due to the fact that it would require
him tc attend night meetings.
4 letter from the Town of Chapel Hill was presented. Said letter requested the support of the
Board for House Ati1J. 1T'7.508. ' This Federal le~.slation is concerned with equitable tax rates for
reused or recycled material.
Upon motion of Comndssioner Richard E. jd'iitted, seconded by Commissioner Flora Garrett, it
was moved and adopted that the Board endorse the follrnring Resolution:
"WI~FtEAS, the problem of solid waste disposal for municipalities is becoming more serious
as space for additional sanitary ]:andfill sites disappears, and
T~REAS, natural resources recovery systems effer sound ecological solutions to the problem
of municipal solid Ovate disposal, and
[AREAS, products made with reused materials suffer from unfair competition with products
made of virgin materials, and
?^7H7l2EAS, the concept oP a tax depletion a1l.awance applied to the extraction of certain minerals
from our natural resources is net applied to the recovery of useful materials from our trastea, and
7h1EREAS, a federal tax policy to prom.de comparable tax treatment for reused and for natural
resources through depletion allowances is needed, and
;+IID;REAS, Abuse Hill. 1508, provides for the institution of equal tames for recycled and raw
materials, and
Uk~REAS, House f3i1.7. 1508, by establishing economic equity fur products made with recycled
materials makes the use of these materials ecanomical~ly attractive and 5n favorable competition with
the use of virg~.xs materials, NOW, TH}HtEF'OfiE,
Bf; IT RESOLVED that the Board of Cosodssi.oners'..pf the County of OrAn~ ,State of North Carolina,
does hereby support Haase Fill 1508 and urges the passage of this legislation."
Chairman ?dalker presented a J.etter from Tharnas W, f~adshaw, Jr., Chairman of the Triangle J
Council of Governments. Said letter requested the endorsement of the Hoard for a Resolution relative
to the staYf shortages i.n Farmers Home Administration Offices. DLBCUSaion ensued.
Upon motion. of CommS.ssioner Flora Garrett, seconded by Cvamni.ssioner Harry Walker, the fol.louYing
Resolution was unanimously adopted:
'RdHEFEAS, there axe more than 15,000 rural substandard housing units in the six counties of
Region J, and
?dfIHRF.A,S, the Farmers Home Adsm.si.stration was created to serve rural populations and help solve
rural hour ng problems, and
?•kD;EZEAS~ the Triangle J Council of Governments and the County of Orange recognizes that Farmers
Boma Achninistratian County Off7.cea are sersously understaffed to do the job that needs to be done
and
?•1HEREAS, there is a national freeze on the hiring of additional Farmers Home personnel;
NOW, THCtt~'ORE, BE TT RFSOLVID THAT the County of Orange urges the State Office of the Farmers
Home Administration to recommend that the National Farmers Home Administration Office rescind.ita
freeze on the hiring of additional personnel. The County of Orange also requests that the congres-
sional representatives of Region J, Senator Sam f;rvin, Senator Jeasa Helms, Representatives Ike F.
Andrews, Representative L. H. Fountain, and Representative David Henderson take whatever action is
necessary to reverse the current hiring policies set by the National Farmers flame Administrative
Office. "
Chairman P7alker presented a Memo from Lane Brovm, Chairman, Steering O~nittee fur Passage oY
Statewide School Fond fD.ectaan, 1973. Said diemo requested the support of the Board in the passage
of the Statewide School Dond Election.
Boos 8 rncE 1~5
Upon motion of Com*rissioner RichatYl E. i+Etitted, seconded by Commissioner henry S. [dlker,
it was moved and adapted that the Board go on record as endorsing the passage of the forth-
coming Statewide School Ea!>d l+].action.
Cvn¢rp.ssi~er Flora Garrett, the corutty's representative on the Triangle J Council of
Govertv'ients~ shed that she had received a request from the Council of Goverimrerts far
Orange County to host one of its meetings. The Grnmty Administrator advised the Board that it
was his understanding that the Tman of Hillsborough had im~ited the Triangle J Geuncil of
Governments to meet in Hillsborough sometrme in the fall. Tt was agreed that if tb,e Town of
Hillsborough would pertn_t them the County and the Town could be joint host for the event.
Coatmdss?oner Flora Garrett stated that she had been contacted by the Ftnergency Medical
Service Coonca.5_ of the county to request that a lettex certifying that the Council was an
instrumexrtality.of the county be issued in order that sane might be filed with the Internal
Revernre Service. Discussion ensued. Tt was decided that the Council was funded by the county
and the mur~icipalities of the county and that therefore the county could issue such a letter.
The County Atto%•ney was requested to prepare the letter and to present, same to the Board for
their inspecti~t.
The Clerk presented the following excerpts taken fram the April 30~ 1973, minutes of the
Hillsborough Town Board of Comndssionexs.
"A Special PgeetS.ng of the Town Hoard of Corrmassi oners was held at the Totm Hall on the
above date. Time 5:30 P.M. A7.7. Cormr~ssioners were present. The meeting was called tb order
by Mayor Fred S. Cates.
Purpose of the meeting to discuss a proposal freun Roberts Construction Co., Tnc, stating
their plans for a residential subdivision Old N. C. ~f10 at State Road 171 in Orange County to
be served by City idater. Repxesenting Roberva firm, I4r. Bobby Roberts and R. N. Westbrook. Also
present Mr. Jahn Pridgen o' Roae~ Prfidgen and Freeman sneering Associates of Chapel Hill.
The proposal requested the following.
1. That the Roberts Conatraction'Cmnpany would pay the cosv of material, labor, etc. to
install the 1i.ne. That tkris cast will be ~1..5s per linear foots plus approximately 6 values
and at>ry rock excavation.
2. That the Town of Hillsborough would install the line.
3. That ~dest Orange [dater Corporation and the County of Orange have certain rights fox cost
recovery for additional future tan-one by others on mains installed by them.
L. That the Roberta Conswru~ion Compat~'would be allowed to recover main installation costs
from additional future tap-ons by others on mains installed by the Roberta Construction Company
at a rate of $7.00.00 per tap-on, but only in excess of the taps made for their own use at the
- same rate ($7.OD.00). Thr.s recovery is aJ.l.owed for a period of ten (10)yeras, interest free.
Mayor Cates stated he would like to see the Town farces extend the lines because then the
Town would better lmota the situation on the locatiarr of the lines and the Tian. forces could do
the work cheaper than Roberts firm.
Mr. John Pridgen sand that presently he felt the six inch line would be adequate to serve
the areas but that in the future as the area develops and grows demand for watex incxeased, it
may be necessary to extend a twelve inch line to be tied in to the six inch 71ne. After a
leng}dyy discussion motion by Ccr~ssiaaer Martui that the Toter. of Hillsborough agree to sapply
water to the line if the Roberts fixm would have a registered engineer prepare plops for the
line, subject to approval o£ the Town Board and that Roberts Firm would install the Dines at
their own expense. Included iii the motion the requirement on the developers to pay the
necessary tap fees to the West Orange Trlater Corp. and Oxange County. Nation seconded by
Caman. Clayton. The Clerk was instructed to poll the membexs. Voting as follows Affi,xmative,
Martrn~ CLaytor, Roberts and Lloyd. Voting negative, Crabtrae.r'
IIiscussivn ensued xelative to the information that had been proved to the Hoard by
Mayor Fred S. Cates. It was agreed between the membershrp bf the Boaxd that it was not the
intent of the Board to exclude the proposed water line to the Roberts Construction Casrpar{V site
Exam the [dater/Saver Policy that had been adopted on June !a, 1973.
Ups motion of Ca:masaioner Flora Garrett, aeccerded by Ca~ssi oner Richard E. iahitted~
it was moved and adopted that .the County of Orange advise the Town of Hillsborough that the
Board did not exclude the proposed water line to the Roberts Conatructicm Compax~ subdivision
site on Old Highway ~fJ.G fram the Water/Setrer Policy that was adopted cm Jvne 1a, 1973, and that
i£ the Toter at score future date wishes to renegotiate the matter of the proposed installation
then the Board tr.>.11 consider the now request.
The Chairman stated that the Board should consider the offXnial adoption of the 1973-19714
Carmty Budget.
1 Chairman Walker stated that he felt that there ea~sted same misunderstanding as to whether
or not it was the intent of the Board to include or elude the Civil Defense budget request
itean the proposed County Budget and that he would like to discuss this item along with scree
other lr~.'get items. It was agreed that there was no misunderstanding between the members of
the Boazu4 as they were avrare that the progoaed 1973-1971+ County Budget did contain the Civil
befense anprcpriation.
Chairman Walker read a letter fran Ms. Gloria Williams. Said letter was in beha7_f' of the
Comanmity ALtion Budget request. ]JS.seussian ensued. Catmrci.saxcmer Richard E. Whined stated
that he endorsed the sentiments that were expressed in the letter fran Ms. Wil7sams. Ccrnmi.ssioner
k7.ora Garrett stated that she felt the 8oaxd should consiider the font that there rasa a
poasibili.ty that Federal. Ftirndrng aroold be made available to the Coammu+ity Action Agency by
BOOK $ F~,GE ~~6
October 31, 1973, and that if this did happen then the Pund.s that ware being requested frcau the
Crnmty wou7.d not then be uti75.zed or needed by the Agency 'and that the coutrty would -got then a,7.locate
the funds. She,hawever, wanted tha.s condition incorporated into the proposed 1973-7.97Lt Covn'Gy
Widget, Cc'¢mnissioner Aeruy' S. Walker s~ate~ ~ N hai~~n~r ~ that he felt that~the proovaed
funds to the Ccam~nuii.ty Ac~t4on Agency.
programs were a controversial issue and that ha had received conflicting answers to his questa.ons
concerning the grgarLizational structure of the Agency aid that in his opinion there would exist
ovaxlaping services that were being provided lay the Departmexrt of Social Services and the Town of
Chapel Rill. The Cotusty Admtnistratar suggested that the Board place the requested apprgpriation aside
in a ]ine item budget. Ae stated that tlsis action would a11dw the Board to adapt the County Budget
and vrou].d further a11ow the matter to be brought back to th_e attention of the Board at any time
that they felt a.t was desirable to pursue the matter. Chairman Norman Tdalker and Corrtnissicner
Richard E. Whined did not agree with Mr. Gatti.s' suggestion as they felt that this action would
only postpone the issue. Action on the County Budget was deferred.
Chairman Wa7leer presented a letter from J. 1~ Roche, National Chairman for F3nployers Support
of the Guard and Reserve. Said letter requested the cooperation of seeking 'the understanding
and support of American m~,aloyers isi relat3.on to ennloyee participation in our National (ward and
Reserve. Discussion Fmsued. The County Idministxator advised the Board that the Personnel Plan
of the Oaunty allowed County miplayees to participate in the National Guard and Reserve without
being penalized.
A letter form t•7. Joseph Strickrland, Director of o eyDepa ~teSf~ ~Re~ovxceetee t e8erited.
Said letter requested the County to conduct a surray*
number of handicapped persona that s+ras beh.ng employed.
Discussion ensued as to the matter of the Fuo Preservation Agreement that had been received
by the County from the State of North Carolina. It was agreed that the Board would request Art
Cooper, Assistant Secretary of the Department of Natural and Ixonoudc Resources, to appear before
the Board on Tuesday, August 21, 1973, and that the Board. would invite representatives of the
City of Durham and County of Durham to be present for Dir. Cooper's presentation. St was agreed
that if Mr. Cooper could riot be present on the selected date teen he vrould be requested to choose
an alternate date fox his appearance.
Mask BitirnhatA stated that the Triangle J. Council. of Govertanents was meeting
jointly with the County Planning Boa7Cda and the other Goverxanental Boards of the area in Chapel
Fti.7_.'L, N. C., on September 2D, 1g73, at the Town Hall and that she would like to have represen-
tatives frcan the Orange County Board of Ccmmd.saivnera attend this meeting.
Upon motion of Comtrd.ssioner Flora Garrett, seconded by Cc~,ardssioner Henry S. ldalker, it was
moved that the meeting be adjourned to meat again on 'Thursday, August 9, 1973, at eight o'clock p.m.
in the District Courtroom at the Courthouse in Hillsborough, N. C.
Norman 47a1ker
Chairman
Batty June Homes
Clerk