HomeMy WebLinkAboutMinutes - 19731203~~~
MINUTES OF THE CRANGE COUPITY
BOARp OF COMMISSIONERS
December 3, 1973
The Board of County Commiasicners of Orange County met in regular session in the
Commissioners Room of the Courthouse in Hillsborough at 10:00 o'clock A.M. on Monday,
December 3, 1973.
Members Present: Chairman C. Norman LJalker and Commissioners Henry S. Walker,
Flora Garrett, Richard E. Whitted and Melvin Whitfield.
Members Absent: None.
The Chairman announced that the first item of business would be the election of
the Chairman of the Board and Vice Chairman of the Board. The ballots were prepared
and given to each Board member. Norman Walker waa re-elected as Chairman of the
Board and Henry S. Walker was re-elected sa Viae Chairman of the Board.
The Chairman recognized Ralph Myers of the Department of Housing and Urban •
Development. He stated that the Board had the choice of whether to make available
to the citizens of the County a Flood Insurance Policy for those individuals who
had unknowingly built in a flood plain area. He stated that Phase I of the program
would be to complete detail flood maps and this would designate the flood plain area.
Dissuasion ensued. Action on the Federal Flood Insurance Program was deferred.
The Chairman stated that a latter had been received from Charles Martin, Director
County Council on Aging. Said letter requested that the County appointee to the
Council on the Aging lives in Hillsborough and the Town of Hillaborovgh's appointee
to the Council on the Aging lives in the County, therefore, the Director was
requesting that Alexander Shepherd be designated as the Town's appointee and Mra.
Rebecca Ringer be designated as the County's appointee.
Upon motion of Commissioner Richard E. Whitted, seconded by Commissioner Henry
5. Walker, it was moved and adopted, that thq County accept the proposal made by
the Director of the Council on the Aging.
The Chairman referred the Board to item 8 of the agenda. The County Administrator
informed the Board that Fdzgene and Helen Gri+rsky and Henry A, Landaberger had
requested the County to waive the late listing charges that had been placed against
them. He stated that the Grivaky's ware out of the country and that Mr. Landsberger
stated that there was a mix up in the mail. The matter was deferred,
The Chairman referred the Board to item ~ of the agenda. This item dealt with
the_requeat of the Chapel Hill School Board to amend the County Budget for tho fiscal
year 1973-1974 by adding 223,000 to the Capital Outlay Appropriation for that unit.
Chairman Walker suggested that he Pelt it would be advisable for the Board to meet
with Dr. Robert Hanes, Superintendent of the School unit and Mrs. Mary Scroggs,
Chairman of the School Board in order that they might discuss the request. The other
Board members agreed.
The Chairman referred to item I} of the agenda and he recognized Fred Cates, Mayor
of the Town of Hillsborough. Mayor Cates requested the Board to allow the County
Zoning Officer to issue zoning permits for the Town of Hillsborough. Discussion
ensued concerning the role of the County Zoning Officer and the types of complications
that might arXae from this type of arrangement. The County Attorney advised the Board
that he was of the opinion that the County would not incur any liability for the acts
of the County Zoning Officer when he was acting in behalf of the Town of Hillsborough.
It was suggested that the County should secure the opinion from the Institute of
Government on the matter. Mayor Cates stated that the Town would average ten to twelve
zoning permits per year. It was suggested that the County Attorney draft a written
agreement that would protect the County from any acts that were performed by the
Zoning Officer in behalf of the Town of Hillsborough. Further di acussion ensued.
Upon motion of Commissioner Harry S. Walker, seconded by Commiss~.oner Melvin
Whitfield, it was moved that the County grant permission to Clsytan Haithcoc'd to enter
itlto an agreement with the Town of Hillsborough to serve as agent of the Town of
Hillsborough for the purpose of issuing zoning permits for the Town of Hillsborough
during regular working hours on the terms that are acceptable to the Town of
Hillsborough and to Clayton Haithcock. Chairman Walker called for a vote on the
motion. Commissioners Henry S. Walker, Norman Walker and Melvin Whitfield voted aye.
Commissioners Flora Garrett and Richard E. Whitted voted nay.
The Chairman referred to item 7 of the agenda. The County Attorney xeported on
the disposition of the County's civil suit against University Construction Company.
He stated that the defendants filed a motion to have the suit dismissed, however, the
case was argued before Sudge Winters and the court held that the County, as a matter
of law, was not entitled to the relief that it had asked for. Mr. Cheshire reviewed,
in detail, the legal course of cation that the. Board could pursue if they so desired.
Discussion ensued.
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Upon motion of Commissioner Henry S. Walker, seconded by Commissioner
Flora Garrett, it was moved, .that the County not appeal the ruling of Judge
Winters on the suit that the Cou-qty had filed against University Construction
Company.
Chairman Walker called far a vote on the motion. Commissioners F7.ora
Garrett, Henry S. Walker, Norman Walker and Melvin Whitfield voted aye.
Commissioner Richard E. Whitted voted nay.
Chairman Walker recognized C. D, "Buck" Knight, Sheriff, and the County
Attorney. Sheriff Knight stated that he had been able to settle a damage suit
that had been filed against him and that he was present to request the Board
to pay the court costs and other expenses that had been incurred in the
settlement of the suit. The County Attorney stated that a 1973 enactment
permitted the County to defend a suit brought against the Sheriff. The County
Attorney advised the Board of the actions of the Shsriff~a Department that had
lead to and resulted in the suit being filed. He stated that he felt the
Sheriff~a Department had acted in the best possible manner tisaed on the evidence
given them, however, there had been a mistake made and the parties involved were
willing to settle the suit for $850.00 and that other costs would possibly not
exceed $100.00. Discussion ensued.
Upon motion of Commissioner Richard E. Whitted, seconded by Commissioner
Henry S. Walker, it was moved and unanimously adopted, that the County follow
the recommendatien of the County Attorney relative to the payment of the civil
judgment entitled Basa vs. the Sheriff and that any time the County had the
right and the responsibility to defend the Sheriff's Aepartment in legitation.
Sheriff Knight thanked the Board for their support and consideration. He
informed the Board that: new legislation required priaioners to reoeive a
physical examination when they are kept in fail for over s twenty-four hour
period. He requested the Board to discuss the matter with Dr. Garvin, the
7listriet Health Officer. The. County Administrator informed the Board that he
had already talked to Dr. Garvin concerning the new ruling and that Th'. Garvin
had advised him that he does ndt have the personnel to take care of the situation.
Sheriff Knight stated that the new legislation was causing aonaiderable hardships,
in that, two deputies must now accompany a prisionsr to North Carolina Memorial
Hospital and that this took aonaiderable time and man hours.
Chairman Walker recognized Mr a. Betsy Farrington, a resident of SR 1945. Mr a.
Farrington stated that SR 191}5 had been scheduled for paving and that a property
owner would not consent to the needed right of way. S~ie asked the Board to
contact the Board of Transportation and request that they re-evaluate this road
and to also request that they consider following the current road bed as the
other needed right of wag could then be secured. The Clerk wea requested to
contact Sam Jpnes, District Engineer, and to relay Mrs. Farrington~s request to him.
Ebert Pierce, County Extension Chairman, presented the Board with a copy
of Chapter 106 of the General Statutes of North Carolina Article 34, Part 9
dealing with Animal Disease and Control of Livestock Diseases. He called
attention to the portion of the law that stated "The governing body of each
municipality shall designate some appropriate person whose duty it shall be to
provide for the removal and disposal, according to the provisions of this
section, of any dead domesticated animals located within the limits of the
municipality when the owner or owners of said animals cannot be determined. The
Board of Commissioners of each county shall designate some appropriate person
whose duty it shall be to provide for the removal and disposal, according to the
provisions of this section, of ang dead domesticated animals located within the
limits of the county, but without the limits of any municipality, when the owner
or owners of said animals cannot be determined. All costa incurred by a
municipality or county in the removal of a dead domesticated animal shall be
recoverable from the owner of such animal upon admission of ownership or
conviction."
Chairman Walker informed the Board that he had received a letter from Mr.
Pierce and that said letter was requesting the Board to appoint five persona as
members of the Orange County Extension Advisory Board for a three year period
ending July 1, ].976.
Upon motion of Commissioner Henry S. Walker, aeaonded bg Commissioner
Richard E, Whitted, it was moved and unanimously adopted, that the following
persons be appointed as members of the Crange County Extension Advisory Board
for a three year period ending July 1, 1976: Mrs. Walter Cooper, Route 1,
Hillsborough, N. C., Mrs. Warren Holmes, Route 1, Efland, RT. C., Russell Ha11,
Route 2, Rougemant, N, C., Henry Armstrong, Stanford Junior high School,
Hillsborough, N, C., and Mrs. Tames Bradshaw, Route 1, Efland, N. C.
Chairman Walker referred the Board to item 6 of the agenda. The County
Administrator advised the Board that the Sanco Company was the lowest bidder
on the equipment for the green box program, however, there would have to be
some modification in the bid prise submitted.
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Upon motion of Commissioner Richard E. Whitted, seconded by Commissioner
Henry S. Walker, it was moved and adopted that the recommendation of the County
Administrator be accepted and that the Sanao Company be awarded the bid on the
equipment for the green box program.
Commissioner Flora Garrett submitted the following for the opinion of the
Board: "Whereas amendmanta to the Zoning Ordinance of Chapel Hill and Eno
Township may be initiated by the Board of CoIImu.saionera, the Planning Board or
on a petition by a person and
WHEREAS, this said ordinance may only be amended by formal action of
the Board of Commisaionera of Orange County and
WHEREAS, a withdrawal of a petition by a party may cause hardship to
the Board of Commissioners, the Planning Board and interested citizens of
Orange County
THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners
does hereby state that cry amendment petition submitted to the Zoning Officer
in writing and in complete detail at least twenty (20) days prior to the
public hearing as provided in Sac. 15.2.2 can be withdrawn no later than
fifteen (15) Jaya prior to auoh hearing. If aircumatancea arise and the
petitioner changes hie mind after such time the hearing shall atilt be conducted
and appropriate action shall follow."
Zt was agreed that the proposal be submitted to the County Attorney for a
review and a opinion.
Chairman Walker presented the following item, Find and Faed Program.
"The A. S. Department of Agriculture is sponsoring an effort to expand
the number of families served by the Food Stamp Program. Orange County
Social Sarviaes is cooperating with this program and has secured leadership
from the community.
Mrs. Alethia A. Burt has agreed to act as volunteer coordinator fcr
this program designed to locate Orange County low income families who need
assistance in providing adequate food for their Families.
Tentative plans include recruiting volunteers in many sections of the
county to set up small group community meetings for an explanation of the
Food Stamp Program and to take applications at these meetings".
It was agreed that Mrs. Althea Burt be designated as the 9olunteer Coordinator
for the Find and Faed Program.
The Chairman referred tp item i~2 of the Agenda, Submission of a request to
participate in the Community Shelter Plan for fiscal year 1974. Tha following
letters were submitted from the Department Of Military And Veterans Affairs Division
of Civil Preparedness to the Board for their consideration.
"With the assistance of the Community Shelter Planning Officer, State
' (CSPOS), the Orange County Civil Preparedness Agency agrees to participate,
along with the other local governing bodies, in developing a Community Shelter
Plan for Orange County. The proposed CSP is to be apart of the Office of
Civil Defense (OCD) National CSP Program.
It is agreed that the Orange County Civil Preparedness Agency will assume
the responsibility For developing and coordinating the CSP for all political
jurisdictions of the county and/or city and will serve as contact agency for
the CSP OS, In developing the CSP, the general process outlined in Part D,
Chapter 3, Appendix 3 of the Federal Civil Defense Guide will be utilized. It
is further agreed to utilize, as appropriate, guidance and information provided
by the State Civil Defense Agency, Region III OCD and the Army Corps of
Engineers/Naval Facilities Engineering Command in meeting the necessary planning
requirements. Each local government, as a party to this agreement, will
furnish, as capable and available, such mapping, engineering or other tachnioal
aids and assistance as map be required from time to time during the developing
of the CSP."
"This is to certify that the planning factors and policies adopted for
the attached CSP Step 1 Report after discussion and aparoval are concurred
in by the Orange County Board of Commissioners. This report was coordinated
through the Orange County Board of Commissioners with assistance from the
Community Shelter Planning Officer for the State of North Carolina".
The Chairman was authorized to sign said letters in behalf of Orange County.
Thera being no further business to come before the Bcard the meeting was ad~ournad
to meet again on December 1}, 1971}, at 7:30 P,M. in the Commissioners Room of the
Courthouse in Hillsborough.
C. Norman Walker, Chairman
Betty lane Hayes, Clerk