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HomeMy WebLinkAboutMinutes - 19740416~~ ~w~• MINUTES OF THE ORANGE COIINTX BOARD OF COMMISBIDNERS April 16, 1974 The Board of Commissioners of Orange County met ir_ regular session in the Commissioners Room of the Courthouse in Hillsborough, North Carolina on Tuesday, April 16, 1974, at $ o'clock P.M. Members Present: Chairman C, Norman Walker and Commissioners Henry S. Walker, Richard E. Whitted, Flora Garrett and Melvin Whitfield. Members Absent: None. Chairman Walker referred to Item I of the Agenda: (District Court Probation Director: To discuss office space and an additional probation officer in Orange County.) Chairman Walker recognized Ronald Brown, Probation Officer, who introduced Frank Bright, a Supervisor oP the State Probation Department. Mr. Bright outlined the work load that was currently being carried by the two Probation Officers and stated that due to this work load an additional Probation Officer was being assigned to Drange County. He said he was present to request that the County provide office apaae fvr this new employee and to further request that office apaae be made available in the Chapel Hill-Carrboro area. Re stated that Budge A11en had scheduled twp (2) additional days of court per month in this area and that office space near the Court was a requirement of the General 8tatutea. Discussion ensued concerning the lack of available office apaae near the court, the financial coat of acquiring such space and the date of occupancy. The County Administrator was authorized to secure office space for the Probation Dffice near the court in Chapel Hill. Chairman Walker referred to Item II of the Agenda: (Rural Fire Departments: A brief report on the progress of these departments.) Chairman Walker recognized Marion Clark, Secretarq of the Orange Rural Fire Association. Mr. Clark stated that each of the rural fire departments wished to present a report of the Association's activities. He stated that prior to these reports he wished to bring to the attention of the 9oard aever3l recommendations from the group. He stated that in order for the fire protection diatricta to adequately provide service that it waa being recommended to the Board that the County consider locating fire hydrants on all water lines that are installed in the future and that service roads and/or ramps be installed at certain farm ponds, creeks or lakes for the purpose of providing adequate water for the water tankers. It was pointed out that time and water were necessary in fighting rural Pires. Mr, Clark stated that it would also b® advantageous if a County wide communication radio system could be provided for the rural fire departments. Discussion ensued concerning the requests that had been presented by Mr. Clark. It waa agreed that the Rural Fire Association would make a surveil of all available water sources and would then present a plan for location of stations throughout the County. The follovring persona presented reports: Lindsay Efland of Efland Volunteer Fire Department said his group, which started one and a half years ago, has 31 firemen. 'The department has two tankers, a new radio system and 10 receivers. It answered 32 calls in 1973 and has answered 14 this year. Chandler Cates of Drange Rural Fire Department said his groupp answered q7 calls in the county and 22 in Hillsborough last year. They had 38 fire drills and checked all hydrants in the district. Cates said Drange Grove Volunteer Fire Department chartered 15 months ago, will have a special fire district election May 7. Stan Whitfield of New Hope Fire Department said his department has 30 men and has a pumper and tanker on order. J. G. Flowers of Eno Volunteer Fira Department, which has been operating 12 year a, says that his 26 firemen are equipped with a piuaper and a tanker and 24 monitors, They have ordered a combination tanker-pumper. Chairman ?calker referred to Item III of the Agenda: (Manpower Consortium Contract: Approval of amended contract.) The County Administrator presented copies of the amended oontract. He noted the previous areas of concern and read to the Board the portions of the contract that had been amended. "THIS CONTRACT, made and entered into this the 19th day of April, 197LF, by and between COUNTY OF DURHAM (hereinafter referred to as DURHAM CO'JN'SY), COUNTY OF ORANGE (Hereinafter referred to as. ORANGE COUNTY), and CITY OF DffRHAM, a municipal corporation (hereinafter referred to as CITY) ; W T T N E S SET H• WHEREAS, the United States Congress has enacted the Comprehensive %trsployment and Training Aet of 1973 and has stated that the purpose of said Act is to provide job training and employment opportunities for economically disadvantaged, unemployed, and under-employed persons, and to insure that training and other services lead to maximum employment opportunities and enhanced self-sufficiency by establishing a flexible and decentralized system of Federal, State and Local programs; and WH~EAS, under the provisions of said Comprehensive ~nployment and Training Act of 1973, the Secretary of Tabor is authorized to make financial assistance available to prime sponsors as defined in such Act for the purposes of carrying out all or a substantial part of a Comprehensive Manpower Program; and WHEREAS, b~~** directive of the Searetary of Labor, on the 18th day of Sanuary, 1971;, DURHAM COUNTY has been designated as Jurisdiction containing one hundred thousand or more population for purposes of the Comprehensive Employment and Training Act of 1973; and ti•1FiE'REAS, the Department of Labor has through its regulations, encouraged the combination of units of local government in multi- jurisdictional agreements for the purpose of forming Consortia to carry out Comprehensive Manpower Services on a multi»'j.urisdictional basis; and `~~: WHEREAS, it has been found by the the Eoards of~County Commissioners of DURHAM COUNTY and ORANGE COUNTY and by the City Council of the CITY OF DURHAM that the area consisting of Durham County and Orange County, said area containing a population of 190,388, consists of a labor market area broader than the single Jurisdiction of any party to this Agreement and that such labor market area aonaists primarily of the City of Durham and the surrounding Counties of Durham and Drange and that such Counties constitute an economically intergrated geographical unit within which i workers may readily change jobs without changing their place of residence, and that it is the finding of the Governing Eddies of the parties to this Agreement that the Counties of Durham and Orange and the City of Durham should unite to form a Consortium for the purpose of planning and operating a Comprehensive Manpower Program in the multi-Jurisdictional area herein defined; and WHE'iEAS, the Tovras of Hillsborough, Chapel Hi11 and Carrboro are municipal corporations located in Drange County, which said Towns, though not parties to this Consortium, shall derive benefit from the Comprehensive Manpower Program herein provided by virtue of said Orange County's participation herein; and WHEREAS, it is the intent and purpose of the parties to this Agreement that a multi-Jurisdictional Comprehensive Manpower Program be established and that the Consortium hereby created be designated as prime sponsor for the purpose of receiving monies, implementing such multi-jurisdictior_al Manpower Program, and otherwise complying with the provisions of the Comprehensive F~rcployment and Training Act of 1973 and applicable Federal regulations incident thereto; and WH"RFAS, pursuant to Article 23 of Chapter 1S3A and Artioles 3, 20 and 2l of Chapter 160A of the North Carolina General Statutes, the parties to this Agreement are fully authorized to contract with each other and with the Federal Government for the purpose of carrying out a multi-Jurisdictional Comprehensive Manpower Program, such authority having been certified by the chief legal offiaera of the parties hereto by letters attached to this document and made a part hereof. NOW, TREREFORE, far and in consideration of the mutual obligations, benefits and detriments incurred by each party to this Contract, and pursuant further to the provisions of Article 20 of Chapter 160A of the North Carolina General Statutes, it ie hereby agreed by and between the parties hereto as follows: 1. Purpose. It is the purpose of this Contrast to establish a Consortium of the parties hereto to plan and operate a Comprehensive Manpower Program in the area constituted by the COUNTIES OF DURHAM AND ORANGE and, for the purposes of carrying out such Program, to contract with the United States Department of Labor and institute the various Comprehensive Manpower Services available to DURHAM COUNTY, ORANGE COUNTY and the CITX under the provisions of the Comprehensive r"lnployment and Training Act of 1973. ?~D 2. Designation of Administrative Unit. The CITY is hereby designated as the administrative unit for the mvlti- jurisdictional area herein defined for all purposes required under the provisions of the Comprehensive Employment and Training Act of 1973, the same being Public Law 93-203 enacted by the 93rd Congress of the United States. The CITY, as administrative unit, is hereby authorized, an behalf of the Consortium created herein, to enter into contrasts, sub-grants and other neaeasary agreements; to receive and expend funds; to employ personnel; to organize and train staff; to develop procedures for program planning; to operate, assess and fiscally manage the program; to evaluate program performance and determine resulting need to reallocate resources; and, to modifp the grant agreement with the Department of Labor. The CITX, as administrative unit, shall have full authority to act on behalf of the Consortium oreated herein in all matters not specifically reserved hereunder to the Consortium and not otherwise inconsistent with this contract, State law or applicable Federal law and regulations. 3. Statutory Authority. This Agreement ie entered into pursuant to authorization conferred upon the respecitve parties hereto by Chapter 153A and Chapter 160A of the North Carolina General Statutes, and by the Charter of the CITY OF DURHAM and any other Act oP general or local application additionally authorizing the parties hereto to enter into this Contrast. L~.. Multi=Jurisdictional Area Defined. Far purposes. of this Contract, the multi-jurisdictional area to which the Comprehensive Manpower Services Program herewith established shall apply, shall be the COIINTIES OF DURHAM AND ORANGE. 5. Powers and Limitationa_of Prime Sponsor. The Consortium created hereunder reserves the right to evaluate, as prime sponsor, the Comprehensive Manpower Services Program far the multi- jurisdiational area oreated herewith in accordance with the annual plan and schedule to be submitted by the CITY (as administrative unit) to the Secretary of Labor and in accordance with such plan as approved by the Secretary .of Labor. The Consortium further reserves the right to approve all allocations and reallocations of funds. Any grant agreement entered into by the Consortium created hereunder shall be executed by the parties hereto and signed by the Chairmen of tb,e Boards of Co;m.ty Cotrmiissioners of DURHAM and ORANGE COUNTIES and by the City Manager of .the CITY OF DURHAM (as provided in the Charter of the City of Durham). The signature of said Chairmen and said Cits Manager upon any plan of services or document directing a reallocation of funds shall constitute approval of suoh plan or reallocation of funds by the Consortium pursuant to the reservation of rights provided in this Section. 6. Accountability oP Prime Sponsor. The parties hereto, constituting the Consortium created hereunder, shall be accountable (as prime sponsor, both jointly and severally) for all Federal Funds provided to the Consortium pursuant to the Comprehensive Employment and Training Act of 1973 to the extent consistent with state and Local law. 7. Planningt Council Created. There is hereby created a Durham-Orange Manpower Planning Council. Said Council shall consist of not less than twenty (20) members and not more than twenty-eight (28) members of which at least eight (B) representatives shall bs from ORANGE COUNTY and at least twelve (12) representatives shall be from DURFlAM COUNTY. In addition, there shall be a Chairman and a Vioe-Chairman. To the extent praatiosl members who are representative of the multi- jurisdictional community herein defir_ed and community based organizations, employment services, education and training agencies and institutions, buainess,.labor, and agriculture, shall be appointed to acid Council. The Chairmen of the Boards of County Commissioners of DURBAN COUNTY and ORANGE COUNTY, or their designees, shall be representative on such Council. The Mayor of the CITY OF DURHAM or his designee shall serve as Chairman of said Council. The Board of Commissioners of ORANGE COU;iTY shall appoint the eight ($) representatives to said Council from Orange County, one of whom shall be the Chairman of the Board of County Commissioners of ORANGE COUNTY or his designee. The Chairman shall appoint all other members and all exoffiaio members of said Council. The Chairman shall appoint all replacements and fill all vacancies upon such Council. Provided, however, the Board of County Commissioners of ORANGE CCUNTY shall appoint all replacements and fill all vacancies among the representatives from ORANGE COUNTY. ;?~ 8, Duties of Council. The Council shall submit recommendations regarding program plane, basic goals, policies, and procedures; monitor and provide Por objective evaluations of employment and training programs conducted in the multi-jurisdictional area herein created, and, provide for continuing analyses of needs for employment, training, and related services in such area. Any final decision w1,th respect to such recommendations of se,id Council shall be made by the administrative unit unless otherwise reserved hereunder by the Consortium. 9. Technical Staff for Council. The CITY, as administrative unit, shall provide professional, technical, and clerical staff to serve the Durham-Orange Manpower Planning Council. 10. Duration of Agreement. This Agreement shall be for a period of one year From the date first here- ' inabove recorded. The appointments to the Council herein established shall be for terms of one (1) year expiring coincident with the expiration oP this Agreement. This Agreement may be renewed annually after its initial expiration. 11. Financing of Prokram. It is anticipated that the necessary funding for the program herein established, including the payment far technical staff services provided in Section 9 hereof, shall be derived from Federal monies received trxough Federal grants and other Congressional. appropriations incident to the Comprehensive ~rsployment and Training Act of 1973. In the event that it becomes necessary to provide for local contributions for the carrying out of the local program herein established, each of the parties hereto will, upon approval of each respective Governing 3ody, contribute its pro rata share according to the population of each respective party of such necessary local funds. Provided, however, in the event any party to this Contract shall give written notice of termination as provided by Section 11~ herein, the obligation of providing looal aontributipns as set forth in this Section shall terminate upon the giving of such written notioe. 12. Real Proyerty. Any real uroperty acquired pursuant to the implementation of this Contract shall b® held by and title vested in the CITY OF DURHAM. Such property - shall be held for the benefit of the parties hereto. 13. Amendments, This Contract may be amended any time upon the consent of the parties hereto in writing. 14. Termination of Contract. This Contraot may be terminated at any time upon ninety (90) days prior written notice by say party hereto. 15. Names and Addresses of Parties. The correct names and addresses of the parties hereto are sa follows: Name Address COUNTY OF DURHAM Court House Main street Durham, N. C. 27701 COUNTY OF ORANGE Court House 106 E. Margaret Lane Hillsborough, N, C. 27278 CITY OF DURHAM City Ha11 120 Morris Street P. 0. box 2251 Durham, N. C. 27702 _. Any notice, letter or similar communication shall be deemed properly addressed if sent to the parties hereto at the addresses listed above. IN TESTI1dONY WHEREOF, the parties h®ratp have caused this Contract to be executed by their duly authorized officers and their corporate official seals to be affixed, as of the day and year first above written. Discussion ensued. ~~~ The following Resolution was presented: RESOLUTION RATTFYTNG AND APPROVING MANPOWER SERVICES PROGRAp2 CONSORTIUM CONTRACT. "WHEREAS, the United States Congress has enacted the Comprehensive Employment and Training Aat of 1973 and has stated that the purpose of said Aat is to provide job training and employment opportunities for eeonomi.cally disadvantaged, unemployed, and under-employed persons, and to insure that training and other services lead to maximum employment opportunities and enhanced self-sufficiency by establishing a flexible and decentralized system of Federal, State and Local programs; and WHEREAS, under the provisions of said Comprah®nsive Employment and ~ Training Act of 1973, the Secretary of Labor is authorized to make financial assistance available to prime sponsors as defined in such Aat for the purposes of carrying out all or a substantial part of a Comprehensive Manpower Program; and WfiEREAS, the Department of Labor has through its regulations, encouraged the combination of units of local government in multi- jurisd3.ctionel agreements for the purpose of forming Consortia to carry out Comprehensive Manpower Services on 8 multi-jurisdictional basis; and WHEREAS, the area aonaiating of Durham County and Orange County, said area containing a population of 190,388, consists of a labor market area broader than the single jurisdiction of th3.s Body; and WHERF9S, auah labor market area consists primarily of the City of Durham and the Counties of Durham and Orange; and WHEREAS, ouch Counties aonetitute an economically 3ntergrated geographical unit within which workers may readily change jobs without changS.ng their place of residence; and WHEREAS, it is deemed by this Governing Body to be in the public interest that a Consortium be formed by the Counties of Durham and Orange and the City of Durham for the purpose of acting as prime sponsor for receiving monies, implementing a multi-jurisdictien Manpower Services Program, and otherwise complying with the provisions of the Comprehensive Employment and Training Act of 1973 and applicable Federal regulations incident thereto; now, therefore, - BE TT RESDLVED BY name of govern ng body Section 1. Puxauant to the provisions of Article 20 of Chapter 160A of the North Carolina General Statutes, a Contract by and between the Counties of Durhan and Orange and the City of Durham, implementing the Consortium Agreement hereinabove referred to, said Contract being attached to this Resolution and made a part hereof, is 'hereby ratified and approved. Sea. 2. The is hereby name of chief recording officer directed to spread a copy of this Resolution upon the Minutes of this Body. Sec. 3. The is hereby name of chief recur ng o f_cer directed to furnish a certified cepy of this Resolution to the other parties to said Contract. Upon motion of Commissioner Henry S. Walker, seconded by Commissioner Molvin Whitfield.the Resolution entitled "Resolution Ratifying and Approvir_g i•Ianpower Services Program Consortium Contract" was unanimously adopted. Chairman Stalker refereed to Item IV of the Agenda: (Will the Board of County Commissioners waive the 30 day time limitation for an appeal to the State Property Tax Commission and allow Marvin iTorwood~a appeal to be heard by that agency.) The County Administrator advised the Board that he was of the opinion that a previous precedent had been set as other cit$zens who had appealed after the expiration date for appeals had beer, inforared that the date for the appeals had axnired. Discussion ensued as to what could legally be done about the request. Upon motion of Commissioner Henry S. Walker, seconded by Commissioner Richard E. Whitted, it was moved and adopted that the request to allow the appeal of Marvin Norwood be denied. Chairman Walker referred to Xtem V of the Agenda: (Report from the Tax Supervisor on appeals of property tax assessments to the Board of County Commissioners by Mr. James Freeland and Mr. PY~.1 Rominger.) The Tax Supervisor presented the following items: 1. James J. Freeland and Ma,xS.ne Hillsborough Township Tract 2939 Tax Map LEO A• 2L1 . Hillsborough Township Tract 3196 Tax Map 1ED A 33 Value 1EL19, LE00 Value L1LE9,!~00 Mr. Gattis stated that the property known as the Daniel Boone Complex was the property that Mr. Freeland had requested to be considered for a lower tax value, however, the property had been recently sold and the selling price was far in excess of the tax value, therefore, he did recommend that there be no change made on this property. Upon motion of Comnisaioner Henry S. Walker, seconded by Commissioner Flora Garrett, it was moved and adopted, that the recommendation of the Tax Supervisor relative to the 1973 property tax assessment on the Daniel Boone Complex be approved. 2. Village Associates, Ina. Tax Map 85 M 30 (Phil Rominger) Tract 639LE Store building W. Franklin Street Value $132,5Do The Tax Supervisor recommended a value of $111,300 beaea on capitalization of projected rents. This allows 150 vacancy whioh fpr this year thus far exceeds this necessary allowance. Mr. Rominger may appeal next year if this vacancy exceeds the 15% for the entire year. Upon motion of Commissioner Melvin Whitfield, seconded by Commissioner Henry S. Walker, it was moved and adopted that the recommendation of the Tax Sytipervisor relative to the property of Village Associates, Inc. be approved. 3. Nicholas A, Smith Tax Map LE1D D 2 Assessment for 1972, 1973 and 1971E is $12,050. The Tax Supervisor advised the Board that Nicholas A, Smith had failed to list hie taxes for the years 1972, 1973 and 19711 and that his department had placed a value of $12, 0§0 on the property. LE. Ernest H, Hearn Chapel Hill Township May lD3 A 33 1973 and 1974 Personal Property assessment $LED00. The County Tax Supervisor advised that Ernest H, Hearn had failed to list his personal property tax for the years of 1973 and 197L1 and that hie department had placed a value of said personal property of $LE,000. Chairman Walker referred to Item VI of the Agenda: (Report of possible so'!ution to septic tank problems in the B & W Mobile Home Park,) ~~~~ Chairman Walker reported to .the Board that he and Dr. 0. David Garvin had made a personal, on the site investigation of the B & W Mobile Home Park. Hg stated that Henry Broadway, one of the owners of the park, had agreed to vacate the lot where the septic tank problem was oaaurring and that this lot would not again be rented, but would be turned into a park area.~Chairman ,•- Walker then recognized Henry Broadway. Mr, Broadway said that he planned to veaste the lot in question and that he would vacate any lots that proved to have any problems. He said that he had tried to maintain a good park and to abide by all the rules and regulations that the County had enacted. However, Dewitt Spears had gone to the District Health Department and the State Health .Department about the problem that exist ed. in stead of contacting him or Phillip Ward, the other owner of 'the B & W Trailer ParY.. DeWitt Spears, the tenant, who had reported the septic tank problem stated that since the health authorities had been investigating the matter he had received an eviction notice, and that in trying to secure another site for his trailer he had been turned down by twenty nine (29) other parks before being accepted, ;~~~ Mrs. Marilyn Broadway asked for permission to speak. She said that the eviction notice received by Mr. Spears was a result of a forager request for him to move and that Mr. Spears had not honored the request by moving and that she and her husband resorted to legal means in order to have him vacate the premises, and that the eviction notice was not connected with the problems that had been brought upon she and her husband. She stated that had Mr, Spears Dome to them as the owners of the Park then the matter might have bean handled in a different manner. Orin Pilkey, a Geologist and a resident of the area, stated that the problems at B & W Mobile Rome Fark was the symptom of a much wider problem. That a lack of confidence had been created among tenants in these perks due to the fact they were afraid to file complaints for fear of being evicted. He said that he felt that county officials should take 'steps to correct the problem and to restore the confidence that had been lost by these citizens. Dr. Robert J. Murphy stated that he had treated two children from a mobile home park in the area last year. Re said that the disease they had contracted was due to Yaul.ty welter. Children should have basic right to clean water and good sewers, and the lack of these things is a blot on Orange County. Further discussion ensued relative to the problems that have arisen at the _ B & W Mobile Home Fark and other parka in the area. Chairman Walker informed the Board that he had contacted Jimmy Wallace, who is s repreal9ntative on the State Water and Air Resource Board, and that Mr. Wallace had premised to see what could ba done about the situation. Commissioner Flora Garrett said that she wanted it made clear that the Board was not trying to get anybody and that it was the wish of the Board to work with all park owners in order to help eliminate the problems and find a solution. Chairman Walker referred to Item VII of the Agenda: (First meeting of the County Board of Equalization and Review for the year 1974.) The Board of Commissioners of Crange County adjourned as a Board of County Commissioners and re-convened as a Board of Equalization and Review. The Board of Equalization and Review adjourned to meet again on May 9, 1974 at 7 F. M, in the Commissioners Room. The Board of Commissioners re-convened as a Board of Commissioners in Executive session. There being no further business to came before the Board the meeting was adjourned. C. Norman Walker, Chairman Betty June Reyes, Clerk