HomeMy WebLinkAboutMinutes - 19750218~~?
The Tax Supervisor advised the Board that C. W. Davis, one of the Trustees for
Union Grove Methodist Church, had filed a request that 120 acres owned by the.. ~
Church be exempt from taxation under G.S. 105.275(7) due to the fact that the
Church planned to have a Boy Scout Troop utilize the property ,for ,environmental studies.
Mc. Davis further requested that the Board make the request retroactive to cover
the 1974 tax period. The Tax appraiser and the Tax Supervisor reviewed the status.
and from this review the Board could find no justification for exempting the Unior
Grove Methodist Church from their tax assessment.
Discussion Qnsued concerning Plaza Associates and the tax value that had been
established on a per square foot basis. The Tax Supervisor was authorized to
negotiate with the owner of the NCNB Bank Building.
Discussion ensued concerning tha book value now being used to appraise
automobiles. The Tax Supervisor advised the Hoard as to the reasons that the
Tax Department had changed from the Red Book to the NADA Book.
Further Discussion ensued.
Upon motion of Commissioner Gustaveson, seconded by Commissioner Whitted, it
was moved that the Board accept the present selected measure of taxing automobiles.
Chairman Garrett called for a vote on the motion.
Commissioners Gustaveson and Whitted voted aye.
Commissioners Garrett and Pinney voted nay.
Due to the absence of Commissioner Walker, the vote was tied.
The County Administrator presented maps of certain property that was under
consideration as a possible site for the location of the Dog Pound.
The County Administrator was authorized to proceed with the necessary investiga-
tion on the matter.
There being no further business to come before the Hoard the meeting was adjourned.
d~~1s.~~~,Y 7~
Flora Garrett, Chaiiman
Betty June Hayes, Clerk
Item Filed: Letter written to Mr. Patton from the County Attorney.
Approved:
THE MINUTES OF THE ORANGE COUNTY
BOARD OF COMMTSSTONERS
February 18, 1975
The Orange County Board of Commissioners met on Tuesday, February 18, 1975, at
8 p.m., in the Commissioners Room. at the Courthouse in Hillsborough, N. C.
Members Present: Chairman Flora Garrett, Commissioner Norm Gustaveson, Jan
Pinney, Norman Walker, and Richard E. Whitted.
Members Absent: None.
5. M. Gattis, County Administrator, Neal Evans, Fiscal Officer, A. B. Coleman,
Jr., County Attroney, and Betty June Hayes, Clerk, were also present.
Chairman Garrett referred to Item #1 on the Agenda= (Approval Minutes of --
Prior Meetings)
Commissioner Walker requested that the Clerk review the minutes of the
January meetings.
This matter was deferred until the first Monday's meeting in March.
Chairman Garrett referred to Item #2 on the Agenda: (Financial Review:
County Finance Director.)
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Neal Evans, Finance Director, filed an Expenditure and Revenue report as of
January 1, 1975. This report was reviewed and discussed in detail.
Chairman Garrett referred to Item ~k3 on the Agenda: (Transfer of Funds within
Budget of Register of Deeds Office.)
The Register of Deeds presented a Memorandum that dealt with the transfer of
funds and needed Board appropriation.
This Memorandum was reviewed.
Upon motion of Commissioner Whined, seconded by Commissioner Gustaveson, it
was moved and adopted that the Register of Deeds was authorized ~ transfer funds
from codes 4k919425, 19250 and 019700 and the Board did appropriate $202.69 from the
`" Contingency Fund to code ~k01900.
Chairman Garrett referred to Item dk~ on the Agenda: (Report from County Attorney.)
The G unty Attorney stated that as per the instruction of the Board, he had
written a ~etter to the Wildlife Commission relative to the hunting from road xight
of ways, and that he would prepare a memo to the Board relative to discharging of
firearms, that he had researched the matter of the right of the Board of Adjustment
to hold Executive Sessions and he had found that the Board of Adjustment was author-
ized by the General Statutes to hold Executive Sessions and that ~e would forward a
memo relative to his research.
Mr, Coleman presented a letter from an Attorney who was representing .Toe Matthews,
Jr, Said letter advised the Board that Mr. Matthews was willing to give a Deed of
Trust to the Gounty, in Lieu of a Bond; to insure the paving of streets in a subdivision
that he is currently developing in Chapel Hill Township. It was pointed out that
surety bonds were becoming almost impossible to secure.
Discussion ensued concerning the request and the Board agreed to allow Mr.
Matthews to appear on Monday, March 3, 1975.
The County Attorney advised the Board that a letter of February 14, 1975, had
been received from Norman L. Sloan, Assistant Attorney General. Said letter stated
that the University of North Carolina at Chapel Hill agrees to the following:
"(1) The University of North Carolina at Chapel Hill received proper
notice of the hearing regarding the listing of its property, to
" appear before the Orange County Board of County Commissioners at
- ~ 8:00 p.m. on Tuesday, February 18, 1975, in the Commissioners
' Room of the County Courthouse in Hillsborough:
(2) The University of North Carolina at Chapel Hi11 has requested that
such hearing be continued due to the absence of its counsel who is
engaged in a trial in Beaufort County,
(3) The hearing has been rescheduled by the Orange County Board of
County Commissioners at 8:00 P,M, on Tuesday, March 18, 1975, in
the Commissioners' Room of the County Courthouse in Hillsborough.
(4) The University of North Carolina at Chapel Hill waives further •.
notice of the hearing at 8:00 P,M, on Tuesday, March 18, 1975,
before the Orange County Board of County Commissioners..
(5) The University of North Carolina at Chapel Hill will not request
to make any appearances before the Town of Chapel Hill or the
Town of Carrboro on or before March 18, 1975."
Chairman Garrett referred to Item 4k5 on the Agenda: (Appointments: A, Chapel
Hill Planning Board; B. Mental Health Board; C. Orange County Planning Board,)
A. Chapel Hill Planning Board.
Upon motion of Commissioner Gustaveson, seconded by Commissioner Whined, it
was moved and adopted, that Blaine Liner be appointed as a member of the Chapel Hill
Planning Board to fill the unexpired term of Donald Wells.
B. Mental Health Board.
-- The Board was advised that Dr, Gus Connally, current member of the Mental Health
,; Board, does not want to be re-appointed to this Board, This matter was deferred
until March 3, 1975.
~ C. Orange County Planning Board.
• Matter deferred.
The Board agreed to considex Item ~k12 on the Agenda: (Consideration of
Supplemental Capital Outlay Budget Request from Chapel Hill-Carrboro City Schools.)
Commissioner Walker stated that "He felt there were certain matters that
needed to be cleared up before the Board proceeded to discuss Item ~kll on the Agenda,
He stated that no decision had been made -to put Local Matching~Funds-into the State
Match. He stated that he had talked to the Grant Office in Raleigh for point of
clarification. Sally Cameron said that it was not any specific time limit on this
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matter, although,-it was hopeful that it be granted by December of 1975. 1
also got in touch with Raymond Sawyer, Facility Services Department of Human ~
Resources; of course, he knew nothing about this except he has visited the
location at one time. He referred the to Sally Cameron, 1 asked her several
questions about when we would lose the grant, and she said there was no time
limit on it, although they were hopeful they would use it by December of 1975.
I asked her what was her main purpose o£ approving the grant. She said, of
course, the County had to put the matching funds in. I also called the Person
County Chairman as it indicates in the application that they will put same
money into it, It is saying in the application that there is budgeted 'in the _
1974-1975 Budget. They assured me that they had put no money into it, or they
had not promised to put any money into it, or hadn't even heard of the project,
That was Benny Bradshaw, Chairman of the Board of Person County and Earl Dark,
Member of the Board of Chatham County, So I have been talking to Pat Walton and
I asked Pat for a copy of it." -
Commissioner Walker then read a Letter from Dr. N. P, Zarzar, Director of
Division of Mental Health, N, C. Department of Human Resources, to the Orange-
Person-Chatham Mental Health Center Area Board. Said letter advised that the
Mental Health Board would receive consideration for a $350,000 grant that would
be used to renovate the Northside School Property.
Commissioner Norman Walker pointed out that the pre-application was broken
down in the following manner in the Division of Mental Health Services $350,000,
Orange County $50,000, Person and Chatham $11,765, total estimated cost being
$411,765.
Commissioner Walker stated that "I realize that mistakes can be made, but I
don't see how so many mistakes could be'made by so many Departments all the way
to the State level, to bypass the Board, As a matter of fact I don't see how the
State could honor grants without the signature o= a letter from the County Board
of Commissioners signed by the Chairman. And I would move to ask this Board
to leirs ask.the Attorney General to investigate all the way from. the local
level to the State level, to clear anybody that did not have a part in this,"
Chairman Garrett asked if he trade this in the form of a motion.
Commissioner Walker replied that he would withhold it for the purpose of
discussion for the time being.
Discussion ensured concerning cost factors involved in the proposed renova-
tion of the Northside School Property. A question and answer period between the
County Administrator and Pat Walton, Administrative Director of the Orange- '~
Person-Chatham Mental Health Center Area Board ensued. i
Commissioner Gustaveson moved that sometime between now and the 18th that _~
one, Mr. Walker formulate precisely his questions and concerns by pin pointing
all questions from the bottom up; two, secure an opinion from the County
Attorney concerning the proper term 'criminal liability' or what have you;
three, that Mrs. Walton meet with a sub-committee of the Board comprised of
two (2) members to call, write, or talk with each of the parties deliberated in
Mr. Walker's series of qquestions, and the sub-committee bring a report back to
the Board by March .l8 ,. .19'75,"
Commissioner Walker refused to accept the proposals of Commissioner Gustaveson.
This motion died for lack of a second,
Commissioner Pinney suggested that the Board have access to all correspondence
from Mental Health that went back and forth between the State, "Get it all to-
gether and then look at it, let the press and the public look at it also and then
see if we think there is any violation of anything or any question of it then in
my opinion, then send it on. But if it is ~ust where it is clearly a breakdown
in the comtmincation then that should be it.
Commissioner Walker suggested "that we get all of the people involved together,
bring them to one location and let an Attorney proceed to resolve this thing.
Commissioner Gustaveson stated that "he like the idea of getting the Mental
Health Board together,"
Chairman Garrett concurred with the idea and suggested that a date be set for
such a meeting.
The Clerk was instructed to write Dr, Zarzar, Sally Cameron, Raymond Sawyer, ~
Pat Webb, and all members of the Orange-Person-Chatham Mental Health Center Area
Board.
Commissioner Gustaveson moved that Commissioner Pinney and Commissioner Walker -
pull together all the correspondence that would perhaps explain some of these things
and bring it to the 18th of March Board meeting and then at that point we can
decide whether or not its relevant.
Chairman Garrett pointed out that the March 18~ meeting was a long time to wait
and that she felt this matter should be pursued.
Commissioner Whitted stated that "he felt until tta Soard could see the
correspondence this is right. If we don't see anymore than what we have seen
here of the final application and the pre-application, I think we. should follow
the steps th# are going to get you to the place that you want to get."
Aiscussion ensued and Commissioner Gustaveson withdrew his motion.
Upon motion of Commissioner Pinney, seconded by Chairman Garrett, it was
moved that the Board invite everybody mentioned in Commissioner Walker's pre-
sentation and the Area Board of the Orange-Person-Chatham Mental Health Genter
to a meeting on March 13, 1975, at B P.M., in the Commissioners Room of the
Courthouse in Hillsborough.
Chairman Garrett call for a vote on the motion.
Commissioners Garrett, Pinney, Ydalker, and Whitted voted aye.
Commissioner Gustaveson voted nay.
Chairman Garrett declared the.motivn passed. And the Clerk was instructed
to write letters of invitation to all persons listed in the motion.
Chairman Garrett recognized Dr. Robert Hanes, Superintendent of Chapel Hill
Carrboro School Unit. Dr. Hanes presented a ruling from the Attorney General's
Office. This ruling dealt with the sale or lease by .the Cqunty.or by the._Board
of Education of abandoned xeal.property..to a municipality.-= He quoted .£roui.G.S:
160-61..2. Discussion ensued. -
Dr Hanes then proceeded to read the following statements:
"Dn advice of legal counsel, the Chapel Hill-Carrboro Board of Education
has concluded the following:
l..Sale or lease of school property is governed in North Carolina by
Chapter 160A-274 of the public laws of North Carolina.
2. A 1971 Attorney General ruling requires that in any sale or lease
under 160A-274 the Soard of Education must take into account the value
of the property being leased in the same manner as if it were leasing
the property to a private individual or a private corporation.
The Chapel Hill-Carrboro Soard of Education has agreed to either a sale
of the Northside property or tv a long-term (20 year) lease.
I Proposal 2: Sale: The Board of Education is prepared to sell the
Northside property at a fair market price to be determined by two MAI
appraisers. St is further agreed that payment could be deferred for a
period of five years with the understanding that interest would be paid
at the rate of B% per year.
Proposal II: Lease: Specific proposals concerning a lease arrangement
have not yet been developed by the Soard of Education. Two alternatives
appear possible:
a. A long-term (20 year) lease at an annual rental which would
reflect the fair market value for such rental.
b. A long term (20 year) lease at an agreed upon rate not directly
related to the current market value. Such an arrangement would
require special action by the N. C. General Assenbly.
For example, one possibility would be a payment of $1.00 per
year with any improvements on the property reverting to the
Soard of Education at the end of the lease. Other similar
arrangements would be possible.
The Board of Education requests that the Board of County Commissioners
consider these two alternatives and make a proposal to which the Board
of Education can react."
Discussion ensued on the proposal that had been presented by Dr. Hanes.
Chairman Garrett referred to Item #11 on the Agenda: (Consideration of
- Supplemental Capital Outlay Hudget Request from Chapel Hill-Carrboro City
Schools.)
The Board questioned Dr. Hanes as to why the $15,000 supplemental request
- had been filed by the Chapel Hi11~Carrboro Schoel Unit. Dr. Hanes advised the
Board that this money would be used for the grading and preparing of an addi-
tionzl atheletic field. He reviewed the various sport activities that were
being conducted by his school unit and pointed out that the current facilities
were just not adequate to meet the school's needs.
Upon motion of Gommissioner Pinney, seconded by Gommissioner Whitted, it,
~ was moved and adopted, that the Board approve the $15,750 supplemental request
that had been received from the Chapel Hi11-Carrboro School Unit and that the
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fund for this appropriation would be taken from the Contingency Fund,
It was brought to the attention of the Board that Tom Ward, Director of
Social Services, was awaiting a reply to his request that the Board appropri-
ate monies for the employment of a Social Worker II.
Upon motion of Commissioner Whitted, seconded by Commissioner Gustaveson,
it was moved and adapted, that the Board appropriate sufficient money to the
Department of.Social Services for the employment of a case..worker for the
Child Abuse Area and that these monies be taken from the Contingency Fund.
Chairman Garrett referred to Item 9p7.on the Agenda: (Approval of
Agreement Between Efland Volunteer Fire Company and Orange County Defining
the Financial Relationship Between The Parties.)
The County Administrator presented a copy of a Contract and Agreement
from the Efland ,Volunteer.Fire Company, Inc.: - ,
Mx, Gattis explained that this Contract and Agreement was Che same '
type of Agreement that the County had approved for th.e Orange Grove _
Vo un~eer Fire Company,
Upon motion of Commissioner Walker, ,seconded by Commissioner Whitted~
it was moved and adopted, that the Chairman be authorized to'execute-Che
Contract and Agreement between Orange County and the Efland Volunteer.Fire.
Company, Inc. _ -
"TH25 CONTRACT AND AGREEMENT, made and entered into this the 10th day
of February; 1975, by and between the COUNTY OF ORANGE partyy of the
first~.part;:-alsd~ referred.::.to;:aa:-.bounty aria the...EFI.KND ~OY:UNTEER°FIRE
COMPANY, INC, party of the :second part, .also referred to. as Fire
Department; - -
_ W I T N E S S E T H:
THAT WHEREAS, N,C,G,S. 69-25.5, provides that counties may provide for
£ire protection in a fire district by contracting with any incorporated
nonprofit volunteer or community fire department; and
WHEREAS, the new N.C,G,S, 159-13 (a) (8), which became effective July 1,
1973, provides that the budget ordinance "may be in any form that the
Board (of Commissioners ,of Orange County) deems most-efficient in en-
abling it to make the fiscal policy decisions embodied therein, but it
shall be so organized that the accounting system will show appropriations
and revenues by line items within aC.least the following funds:.....
(8) a fund for each special district whose taxes are collected by...."
the county of Orange; and '
WHEREAS, the party of the second part is a nonprofit corporation
organized for fire protection 'purposes;, and
WHEREAS, it serves a special tax district created by a vote of the
people; and
WHEREAS, it is desirous to make application to the United States of
America, acting through the Farmers Home Administration, United States
Department of Agriculture, hereinafter referred to as the Farmers
Home Administration for-'a loan in the amount of $103,000.00 and
WHEREAS, the County of Orange levys and collects the taxes and is
responsible for appropriating said funds for the use and benefit of the
citizens-in.the fire protection district; and
WHEREAS, the County desires to grant a long-term contract to enable
party of the second part to make long-range plans; and
WHEREAS, the County desires to standardize all its arrangements with
Fire Departments in Che County;
NOW,'THEREFORE, in consideration of the premises and the consideration
of. TEN DOLLARS to each the other in hand paid, the parties hereto con-
tract and agree as follows: -
l. The party of the first part contracts and agrees that it will
cause to be assessed or levied a special tax of up to eight (Sp) cents
per one hundred dollar vnluation.of all real and personal property in
the Efland Volunteer Fire Company District unless otherwise limited by
law attd/or a vote of the people; and will collect said tax as a part of
the ad valorem taxes of the County of Orange; provided however, beginn-
ing with the fiscal year 1974 the amount levied annually shall be based
on the needs projected in the budget estimate submitted by the Fire
Department to the County and approved by the County Commissioners.
46 a"7
2. That a special or separate fund shall be maintained by the C®unty, far
funds collected as a result of said special tax.
3. That current taxes, as they are collected by the County, shall be paid to
Trustees of Efland Volunteer Fire Company by the 10th day of each month or as
follows: quarterly or as otherwise decided by the County Administrator
that delinquent taxes shall be remitted quarterly.
4. The party of the second part shall provide the necessary equipment and
personnel for furnishing adequate firs protection as determined by the North
Carolina Department of Insurance, Fire and Rescue Service Division, for all
property located within the Efland Volunteer Fire Company District, and it
will furnish said fire protection free of charge to all persons and individuals
located in said District in an efficient and workmanlike manner.
5. That all funds paid to the party of the second past by the party of the
Forst part shall be used exclusively to provide fire protection within said
Efland Volunteer Fire C mpany District and to pay other legitimate fire pro-
tection expenses including principal and interest on the aforementioned loan
made by the Farmers Home Administration,
6. Tt is agreed that the party of the first part may inspect all books and
accourns for the party of the second part at any time that it shall desire; it
is further agreed that the Fire Department will present to the County Commis-
. sinners an annual audit by a C.P.A. which audit shall be in conformity with
existing audit policies of the County,
7. The party of the second part agrees to comply with County budgeting
procedures and other procedures provided for by-State Law and agrees to
submit budget estimates to the Board of Commissioners on the standard forms
used by county departments; the party of the second part also agrees to use
standard line items for accounting devised or consented to by the County
Accountant from time to time.
8. This contract shall expire on the day of 2005.
9. The party of the second part further agrees to file with the County
Auditor a trie copy of the Articles of Incorporation, existing Sy-Laws and
and changes made thereto from time to time; further, the party of the second
part agrees to adopt by-laws which meet all minimum legal requirements and
which by-laws, in addition thereto, have reasonable provisions enabling citizens
~' of the community to participate in the affairs of the corporation at least an
annual meeting and vesting in a Board of Directors the authority to manage the
aggairs of the corporation without a vote of the membership to the extent per-
mitted by N.C.G.S. 55A, the North Carolina Nonprofit Corporation Act.
IN TESTIMONY WHEREOF, the party of the first part has caused this instrument to
be executed by the Chairman of the Board of County Commissioners and attested by
the Clerk of the County Board of Commissioners, and the party of the second part
has caused this instrument to be signed in its name by its president, attested
by its Secretary, and its corporate seal hereto affixed, all by order of its
Board of Directors duly given."
Chairman Garrett referred to Item db8 on the Agenda: (Letter advising the
Farmers Home Administration that Operations of the Efland Volunteer Fire Department
do not vielate any Comprehensive•Fire Protection Plan Developed by Orange County.)
Mr. Gattis stated that a letter from the County to the Farmers Home Administra-
tion must accompany the Contract and Agreement that had just been approved by the Board.
Upon motion of Commissioner Pinne, seconded by Commissioner Whitted, it was J
moved and adopted, that the Covnty Administrator be authorized to issue the proper
letter from Orange County to Farmers Home Administration in behalf of the Efland
Volunteer Fire Company, Inc.
Chairman Garrett referred to Item 4k9 on the Agenda: (For consideration Only:
Request of the Orange Grove Volunteer Fire Company to Adjust Part of the Boundry
Line Between .the Orange Grove and Efland Rural Fire Protection Districts.)
Discussion ensured concerning the request of these two (2) agencies to exchange
territories.;.it.was pointed out that the :matter had ixeen brmught`.tv•the.sEtentien
of the Board~during~last year's budget hearings.
Chairman Garret referred to Item 910 on the Agenda: The County Administrator
explained that the Board of Transportation was now ready to proceed with the paving
of the Eubanks Road. However, the three (3) governmental units involved in the pro-
ject must post a Bond to insure payment of damages as there were property owners in
the area who had refused to sign the needed right of way.
Upon motion of Commissioner Gustaveson, seconded by Coamiissioner Wnitted, it
was moved and adopted that the Board approve the use of $9,000 of a Landfill Revenue
to be posted as a Bond for the Eubanks Road project.
There being no further business tp come before the Board, the meeting was
adjourned.
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Flora Garrett, Chairman
Betty .Tune Hayes, Clerk