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HomeMy WebLinkAboutMinutes - 19750106The Orange County Board of Commissioners met on Monday, January 6, 1975, in the Commissioners Room, in the Courthouse in Hillsborough, North Carolina at 10 o'clock A.M. Members Present: Chairman Flora Garrett, Commissioners Norm Gustaveson, Jan Pinney, Norman Walker, and Richard E. Whitted. Members Absent: None. S. M. Gattis, County Administrator, Neal Evans, Fiscal Officer, A. B. Coleman, Jr., County Attorney, and Betty June Hayes, Clerk were also present. The Baard reviewed the minutes of December 2nd, 12th, and 17th. After the Clerk was instructed to make several corrections it was moved by Commissioner Gustaveson, seconded by Commissioner Whitted, that the minutes of December 2nd, 12th, and 17th meetings be approved. Due to the fact that the minutes of December 16th, 23rd, and 30th were not presented to the Board until their arrival at this Soaxd meeting, it was agreed that these minutes would be reviewed prior to their acceptance. Chairman Garrett stated that if it met with the approval of the Board, the Board would deviate from the prepared Agenda in order to hear the presentation of road matters. The Board agreed with this procedure. Chairman Garrett recognized Betsy Farrington. Mrs. Farrington stated that the Right of Way could now be secured for SR ~~1945 and that she wanted to have a Right of Way Agent contact her at the earliest possible date. Mrs. Farrington was advised that it would be desirable for her to personally contact S._H. Jones, District Engineer, at his office in Graham. Commissioner Gustaveson stated it had been brought to his attention that the shoulders on the Smith Level Road were extremely low and that several accidents had been caused by this condition. The Clerk advised the Board that she would contact Steve Chapel, Superintendent of the Local Highway Maintenance Group. Commissioner Pinney stated another matter relative to the need for a stop sign at the intersection of SR X1751 and SR ~~1752 had been brought to his attention by Paul Minor. The Glerk.was instructed to write the Department of Transportation-requesting that stop signs be installed at this intersection. Chairman Garrett stated that Helen Hines, of SR ~~1752, had contacted her relative to the need for maintenance on said road. The Clerk was requested to contact the Department of Transportation on this matter. Chairman Garrett referred to Item ~kl on the Agenda: (Community Development Act: A. Any additional information Mark Burnham has to report. B. Any other matters concerning this program.) Earl McKee, Marilyn Riddle, and Tom Bacon, members of the Community Development Act Task Force, were present. Earl McKee was the spokesman for the Group and he stated that the following six (6) items were the suggestions that had been formulated by the Task Force. Mr. McKee said that these suggestions, however, were subject to be changed as the Task Force planned to hold a Public meeting prior to making any concrete recommendations. He then proceeded to list the six (6) items. They were; Water Sewerage Treatment and Disposal for outlying areas, Fire Protection, Garbage in addition to Greenboxes, Housing Rehabilitation and Inspection, Community Centers and Health Care in addition to current programs it was: brought out that certain codes should be adopted. Specific reference was made to the Plumbing Code. Chairman Garrett referxed to Item ~~2 on the Agenda: (Social Services Director, - Tom Ward, reporting on Food Stamp Program). Chairman Garrett xecognized Tom Ward, Director of Social Services. Mr. Ward filed a Food Stamp Report from the Orange County Department of Social 5exvices. Said report showed. that due to the increase of Feod Stam Applicants his current staff was being required to work an additional twenty (20~ hours per week. The overtime t paid staff members amounted to approximately 100 hours during the month of December. ~~~~ Mr. Ward stated that based on increased demand for food stamps for the past three months the addition of a part-time (20 hour week) Clerk 1 temporary position and full time Eligibility Specialist I temporary position is requested effective as soon as they can be recruited through Merit System channels until June 30, 1975. These positions as well as the half-time position added in November 1974 are not ~ permanent positions and will be deleted before June 30, 1975, if the work load decreases. Discussion ensued. Upon motion of Commissioner Gustaveson, seconded by Commissioner Whitted, it was moved and adopted, that the Department of Social Services be authorized to employ a Clerk I, temporary position, and a full 'time Eligibility Specialist I. Chairman Garrett referred to Item ~b3 on the Agenda: (Appointments to Extension Advisory Board, Nominated: Richard Simpson, Paul Latta, Mrs. Marshall Dunn, Mrs. Lucy Wilson, Mr's. .Tohn Cates, and Mike Wheeley.) The County Administrator stated that a letter received from Ebext Pierce, Chairman of the Agricultural Extension Committee, requesting the Board to make appointments to the Orange County Extension Advisory Board. The names listed on the Agenda were those that had been recommended by the Orange County Extension Committee. Discussion ensued. Upon motion of Commissioner Walker, seconded by Commissioner Pinney, it was moved and adopted, that the names offered by the Agricultural Extension Committee be approved for a three (3) year term, for appointment to the Extension Advisory Board. Chairman Garrett referred to Item ~~4 on the Agenda: (The State Association of County Commissioners has posed three questions to the Board of County Commissioners concerning secondary road procedures presently used by Department of Transportation: A. Have procedures provided by General Statutes 137-17 (i) been closely followed?) Discussion ensued on the matter of the Secondary Road Program, Upon motion of Commissioner Gustaveson, seconded by Commissioner Walker, it was moved and adopted, that the Clerk respond to each of the Questions setforth in the letter from the Commissioner's Association. Chairman Garrett referred to Item ~5 on the Agenda: (Animal Control Program: A. Report on method of disposing of unwanted animals and possible changes in this procedure.) The County Administrator advised the Board that he and the County Dog Warden had conferred with Dr. Freeman who was with the State Veterinary Department and that Mr. Freeman had recommended a specific type of drug for use in the disposal of unwanted animals. Mr. Gattis stated that this drug had been ordered and that the County was no longer disposing of animals by the use of gas. Chairman Garrett referred to Item X66 on the Agenda: (Some Members of the Board of Commissioners have received reports of persons hunting on highway rights of way and of discharging firearms in the vicinity of occupied homes. A general discussion of these and similiar reports seems warranted.) The background on the adoption of G.S. 153.129 was reviewed. It was pointed out that this Legislation was not adopted on a state wide basis, however, it was applicable to some counties and that Orange County was one of the counties included in the Legislation, therefore, it is unlawful for anyone to hunt deer from the road Right of Way. Discussion ensued concerning the enforcement of this Legislation and it was pointed out that the Sheriff's Department was not aware of the law and that, apparently, the Wildlife Commission was making no effort to enforce the law. Commissioner Gustaveson suggested that same type of protection for property .owners and the public should be made available by pasting notices of the law in County stores and other public places and that Further a letter should be written to the Wildlife Commission requesting that the Commission publicize in its yearly publication the fact. that Orange County and some other Counties of the State were covered by the General Statutes that prohibited hunting from road right of ways. Upon motion of Commissioner Gustaveson, seconded by Commissioner Whitted, it was moved, that the County Attorney be authorized to write the Wildlife Commission and set forth in his letter the concerns of the Board on the matter of G.S. 153.129 and to include the request that notices of the fact that Orange County is covered by G.S. 153.129 in the next publication of the Wildlife Commission. Commissioner Walker asked the Board to table the motion in that the Legislation was not a state wide bill and that hunters coming into the area could be penalized due to the fact that they were not aware of the existence of the law. He stated that some citizens of the County were in the process of organizing Hunt Clubs and that the hunters would police the areas better than the law enforcement Agencies of the State or the County. 441 The County Attorney stated that the Local Wildlife Federation had asked for the inclusion of Orange County under the Statutes when it was presented to the last Legislature. The County Administrator explained that he felt there had to be some willingness on the part of land owners that adjoined the. highway to take action on the matter. Commissioner Walker replied: "How do you interpret hunting from the road?" The County Attorney replied: "Taking or attempting to take game." Chairman Garrett inquired "Is there a second for the motion to be tabled?" No second was received. ~_ Chairman Garrett called for a vote on the motion made by Commissioner Gustaveson. Commissioners Garrett, Gustaveson, Pinney, and Whitted voted aye. Commissioner Walker voted nay. Chairman Garrett referred to Item ~~7 on the Agenda: (Discussion of the procedures used by the Gounty Beard of Adjustments.) Chairman Garrett stated that certain Questions relative to the procedure used by the County Board of Adjustments had been brought to her attention by Jean Anderson, Alternate member of the Board of Adjustments. Mrs. Anderson had requested the Board for a recommendation of opinion of the matter. Question: What shall be done about persons who petition the Board of Adjustments and who are not present to present their appeals to the Board? Reply: The Board of Commissioners is of the opinion that it is not up to the Zoning Officer to present the case of an applicant to the Board of Adjustments. This places the Zoning Officer in an awkward position as he'is a quasi member of the Board of Adjustments. The Board of Gommissionexs feels that the Board of Adjustments should adopt the policy that a person or his representative must be present when a matter is heard before the Board of Adjustments. A discussion ensued concerning the continuation of appeals that were not properly represented. The Board of Gommissioners felt that the Board of Adjustments should adopt its own policy as to what procedure it wishes to follow ~ on the continuation of appeals. Question: What authority does the Board of.Adjustmenta have in enforcing the intent of the zoning lot provision? Reply: The current size of any lot is now 40,000 square feet. The intent of this provision of the Ordinance was to allow an individual to cut-off an acre lot for personal reasons i.e. gift, construction for rental purposes and the like, how- ever, the policy has been adopted that the maximum number of lots should be established at five. The Board of Adjustments has discretionary power to establish the number of lots under the zoning lot provision. It was further agreed by the Board of Commissioners that this provision of the Ordinance was being used for purposes other than those intended, therefore, Mark Burnham was requested to review and study this matter and recommendations will be forthcoming. Statement: Notices that appear in the paper and that are sent to individuals are not descriptive enough. Reply: The Board of Commissioners agreed that the Notices should contain adequate information in order that the property might be properly identified. The Zoning Officer was instructed to include adequate information in all future.Notices. Question: Once authorization is granted is it possible to establish a time limit on the project and/or building permit? Reply: The Board of Adjustments has the authority .to enter into any special conditions that it feels is necessary or appropriate. Question: Should the Hoard of Adjustments meet in Executive Session? Reply: The County Attorney was of the opinion that 'the Board of Adjustments is a quasi judicial body but he was also of the opinion that the Board of Adjust- meets is an administrative body, therefore, when it Bears appeals from a decision of the Zoning Board then these appeals should be heard in Executive Session, how- ever, when it attends to only administrative matters then it should sit in open meeting. PLEASE NOTE, however, the Board of Commissioners wanted to make sure that the opin'~ tTiat was rendered by the County Attorney was covered by the General ~ 5tatutes, therefore, he was requested to research this question. You will be further advised as to what this research reveals. F 44'L Chairman Garrett referred to Item ~~8 on the Agenda: (Budget amendment for Chapel Hill-Carrboro City Schools.) The County Administrator referred the Board to the letter from the Chapel Hill- Carrboro City Schools. Said letter requested an amendment to its Capital Outlay Budget for 1974-1975. This amendment requires no additional .county funds but will authorize the expenditure of additional revenues received by the Board of Education. This amendment would incorporate into the 1974-1975 Capital Outlay the following additional revenues: N. C. Dept, of Human Resources $ 4,550.00 Federal Funds from the National Defense Education Act and Vocational Education Act 6,917.00 Interest earned on Funds on Deposit 6,600,00 Reserve from Prior Years 11,100.00 Total $ 29,167.00 These funds will be used in the following projects: 1. The Department of Human Resources grant is for a part of the cost of a special vehicle used in the transportation of trainable children. 2. The federal funds will be used toward the purchase of vocational equipment for classroom use. 3. The interest will be used for the purchase of vocational equipment to be placed in the high school occupational building now under construction. 4, The reserve from prior years was set up two years ago to cover the cost of a sidewalk in front of Estes Hills Elementary School. This project has been delayed pending action by the town of Chapel Hill. The necessary actions have been taken and the project is now proceeding. Upon motion of Commissioner Gustaveson, seconded by Commissioner Whitted, it was moved and adopted, that the Chapel Hill-Carrboro Board of Education be authorized to amend its Capital Outlay Budget for 1974-1975 by appropriation. The $29,167.00 set forth in the letter from the Chapel Hill-Carrboro School Board, Chairman Garrett referred to item ~~9 on the Agenda. (Quarterly amendment to the County School Current Expense and Capital Outlay budget: A. Current Expense refunds received: $264,827.05. B. Capital Outlay Refunds received: $127.85. C. Drivers Education (Current Expense) refunds: $5,825.18.) Upon motion of Commissioner Gustaveson, seconded by Commissioner Whitted, it was moved and adopted, that the County School unit be authorized to amend their 1974-1975 School Current Expense budget and Capital Outlay budget as stated on the Agenda. The Board convened in Executive Session, The Board of Commissioners were reconvened in order that additional matters mibht be presented. Chairman Garrett inquired if any Board member had anything they wished to bring before the Board. Chairman Garrett presented a letter from the Executive Secretary of the Youth Advisory Board, N, C. Department of Administration, was created by Legislative Action in 1969. It was formed in order to provide youth with the opportunity to develop leadership skills and become responsible citizens. The Board is sponsoring a Youth Legislative Assembly on February 7 to 9 in Raleigh, North Carolina and the Department of Administration was requesting the Board to sponsor two (2) higgh school students to the Assembly as official representatives from the County. A $2S registration fee would cover meals and lodgingg Discussion ensued. The Board agreed to sponsor a student from each of the two (2) high schools in the County. The Clerk was instructed to write Bill Strickland, Principal of the Chapel Hill High School, and Fred Claytor, Principal of the Orange High School and request that they each select a student to attend the Youth Legislative Assembly. Discussion ensued concerning the matters that needed the attention of the Board. It was suggested that the Board prepare a list of priorities-and that they begin to have work sessions from the priority list, It was agreed that the.Board would meet as a Committee of the Whole on Thursday, January 16, 1975, at 8 P.M. in the Commissioners Room. ~~~ Chairman Garrett inquired of the County Administrator, if he was aware that a report from the Tax Collector to the Board of Commissioners was due on the first Monday in February, The matter of Executive Session of the Board of Adjustments was discussed by the Board, The County Attorney stated that in his opinion that the Board of Adjust- ments is a quasi judicial body but he was also of the opinion that the Board of Adjustments is an administrative body, therefore, when it hears appeals from a decision of the Zoning Board then these appeals should be heard in Executive Session, however, when it attends to only administrative matters then it should sit in open meeting. Discussion ensued. The Board advised the County Attorney that they wanted him to research the question of Executive Sessions for the Board of Adjustments as they did not wish to have any County Board operating in violation of the General Statutes. There being no further business to come before the Bnard, the Board adjourned to meet again on Thursday, January 9, at 8 P,M. in the Commissioners Room at the ' Courthouse in Hillsborough, North Carolina, Betty June Hayes, Clerk Flora Garrett, Chairman Approved Items filed: -Food stamp report from Orange County Department of Social Services, ~ MINUTES OF THE ORANGE COUNTY BOARD pF COMMISSIONERS January 9, 1975 The Orange County Board of Commissioners met ari Thursday, January 9, 1975, at 8 P,M., in the Commissioners Room at the Courthouse in Hillsborough, North Carolina. Members Present: Chairman Flora Garrett, Commissioners Norm Gustaveson, Jan Pinney, Norman Walker, and Richard E, Whitted. Members Absent: None. Sam Gattis, County Administrator, Neal Evans, Fiscal pfficer, and Betty June Hayes, Clerk, were also present. Chairman Garrett inquired of the Board members if they would agree to hear a request from Lunsford Long, Assistant District Attorney, as the matter was of some urgency. Mr. Long stated that there had been a rash number of breaking and enterings in the County. The State now has a witness who can testify in a breaking and entering case if monies were available to get him from his military base back to the County for the trial. Mr. Lang stated that the State has no monies that it can allocate to bring this witness from out of State, therefore, he is requesting the Board to appropriate $1$0.00 for air fare. Discussion ensued. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted that the Board take $180,00 from the Contingency Fund to pay for the return of a witness in order that this witness might appear in court. Chairman Garrett stated that the purpose of this meeting tonight was to receive ,. a report from the Community Development Task Force, The following report was filed by Marilyn Riddle: t