Loading...
HomeMy WebLinkAboutMinutes - 19750707 P4INUTES ORANGE COUNTY BOARD OF COMMISSIONERS July 7, 1975 ~ ... A The Orange County Board of Commissioners met in regular session on Monday, July 7, 1975, in the Commissioners' Room at the Courthouse in Hillsborough, N. C. Members present were: Chairman Flora Garrett, Commissioners Norman i Gustaveson, Jan Pinney, Norman [~ialker, and Richard [9ha,tted. Members absent: None S. M. Gattis, County Manager; Neal Evans, r^iscal Officer; Steve Bernholz, County Attorney; and Betty June Hayes, Clerk were also present. Chairman Garrett reported on activities of the Board during the July 4th festivities held by the town of Carrboro. Upon motion of Commissioner Gustaveson, seconded by Commissioner Pinney, it was moved and adopted that the Board write to 2+Iayor Wells thanking him for the dinner and events of July 4th. Chairman Garrett requested that Commissioner TAalker report on the annual NACO Conference that had recently been held in Hawaii. Commis- sioner Walker reviewed the panels and presentations that he had attended. Chairman Garrett referred to Item #1 on the Agenda: (Recognition of any persons desiring to speak with the Beard of Commissioners). No one came forth. Chairman Garrett referred to Item #2 on the Agenda: (Consideration of matters relating to road improvements). John Wagner, a resident of the Fairview Subdivision, presented facts in support of his request that Central, Terrell and Alma Streets, Forrest Avenue and Freeland Drive be paved. blr. Wagner pointed out that subdivision residents were not given the same consideration as rural residents in that populated density and traffic patterns were not taken into consideration. Mr. Wagner re- quested the Board to write a letter to the Governor requesting him to intervene in the matter of Fairview Subdivision. Discussion ensued. Upon the motion of Commissioner Walker, seconded by Commissioner Gustaveson, it was moved and adopted that the Board write a letter to Governor Holshouser explaining the situation that exist in the Fairview Subdivision and request him to intervene in behalf of the residents of the area, with copies of the letter being forwarded to Mr. F. D. Hornaday, Highway Commissioner; Trish Stanford Hunt, Charles Vickery, John Watkins, Division Engineer; and John Wagner. Chairman Garrett referred to Item #5 on the Agenda: (Approval change of grantee of funds by State Department of Mental Health for renovation of ~dorthside School from Orange-Person-Chatham Mental Health Agency to Orange County). Commissioner Whitted presented a letter dated June 9, 1975, from Pat Walton. The said letter requested that the Board complete the necessary grant forms and specifically the Fact Sheet and Assurances and that the Board approve a change in the Grantee from the Orange- Person-Chatham Area Board to the Orange County Board of Commissioners. Copies of the letter, the Assurances and Certification by Applicant were presented to each Board Member. Commissioner Whitted reviewed the:,:position of the Area Mental Health Board. He stated that the Area Mental Health Board felt that if Orange County were the owners of the property then it would provide a more effective operational structure. The Area Mental Health Board has been assured that the $350,000 grant would be transferred to Orange County. Commissioner Walker asked Commissioner Whitted if the Board of Commissioners for Person and Chatham Counties have been consulted about the proposed Grant change? Commissioner Whitted replied that the Area Mental Health Board had ask its members to review the proposal with their respective Boards of Commissioners. xe could not be certain whether or not this had been done. -- Commissioner Whitted then reviewed the major factors of the docu- ments that needed to be executed in order to transfer 'the Grant to Orange County and he stated that he felt these documents should be executed either today or in the near future. Commissioner Pinney moved that the Board approve the change of the Grantee for the Northside School property from the Orange 'Person- Chatham Mental Health Area Board to Orange County. Commissioner Gustaveson seconded the motion. Chairman Garrett called for a vote on the motion. Commissioners Garrett, Gustaveson, Whitted and Pinney voted aye. Commissioner Walker voted nay. The motion was declared passed. The Chairman stated that the minutes for May 13, May 15, May 26, and May 29 had not been approved. -, Upon motion of Commissioner Whitted, seconded by Commissioner _ Gustaveson, it was moved and adopted that the minutes of May 13 be approved. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted that the minutes of May 15 be approved. There were certain corrections needed to be made in the minutes of May 26. The Clerk proceded to make these corrections. Upon motion of Commissioner Pinney, seconded by Commissioner Whitted, it was moved and adopted that the minutes of May 26 be approved. Upon motion of Commissioner Pinney, seconded by Commissioner Whitted, it was moved and adopted that the minutes of May 29 be approved. Due to the fact that the Board had not received a copy of the 1974- 1975 Budget Ordinance it was agreed that the approval of the minutes for June would be deferred until Tuesday, July 15, 1975. Discussion ensued concerning who could be present and who could not be present for the July 15 meeting. 1t was suggested that the Board change the required Tuesday night meeting (July 15)until July 22. Further discussion ensued. It was then agreed that the June Minutes would be approved on the 3rd Tuesday (July 15). 3 Chairman Garrett referred to Item #~ on the Agenda: (Report from the Orange County Medical Foundation and the County Attorney). Steve Bernholz, County Attorney, reported on the request made by the Medical Faundation for Orange County to act as their guarantor for an F.H.A. loan. Mr. Bernholz reviewed the Statutes and stated that based on the Statutes and an opinion secured from the Attorney General's office he was of the opinion that the County could not lawfully extend its credit to any group or foundation. Ch~.irman Garrett referred to Item #6 on the Agenda: (the Orange Water-S~wer Authority has requested the County, Chapel Hi11 and Carrboro each make it a temporary cash advance of $2,600. to facilitate the Authority's operation pending initial financing. This money is to be repaid when the Authority completes its temporary financing.) Chairman Garrett stated that the Orange Water-Sewer Authority needed to complete a Feasibility Study and that monies were not available for this study. Therefore, the Water-Sewer.AUthority was requesting a temporary loan to cover expenses during the interim period, or until the closing of all legal matters can be accomplished. Upon motion of Commissioner Whitted, seconded by Commissioner Gustaveson, it was moved and adopted that Orange County make a temporary cash advance in the amount of $2,600. to the Water-Sewer Authority and that this money be taken from the Contingency Fund. Chairman Garrett referred to Item #7 on the Agenda: (Commissioner Richard Whitted and representatives of the Orange-Person'Chatham Mental Health Agency will review with the Commissioners a proposal for the development of a group home for juveniles to be financed through the Law Enforcement Assistance Administration). Commissioner Whitted stated that a Grant application through LEAA, in the amount of $1,030,000. was to be made by the Orange-Chatham-Person Area Mental Health Board for a juvenile home that would serve seven (7) children. The Grant would be for a three (3) year period and that currently no local monies would be required and the Area Mental Health Board wishes to procede with the Grant application. The facility would be named the Chapel Hill Children's Home. Commissioner Pinney raised the question of conflict between the proposed grant and the other facilities current~y being operated in the area. Commissioner Gustaveson questioned the potential of the future County appropriations. Commissioner Pinney stated that the matter of funds concerned him since the LEAA Grant was for only three (3) years. Further discussion ensued. Commissioner Whitted was requested to keep the Board informed on the progress of this proposed grant. . Chairman Garrett referred to Item #8 an the Agenda: (Report by Mrs. Garrett of the Housing Assistance Payments Program Section 8, - Housing and Community Development Act of 1974). ' ~ Chairman Garrett advised the Board that the County had been allocated $287,000. that would be utilized to supplement rents of remodeled housing units. Ruth Mace will explain the proposals in detail to the Board on July 15, 1975. Chairman Garrett referred to Item #9 on the Agenda: (Mr. Hezehiak Dobson, Sanitarian Supervisor of the District Health Department, appeared before the Board in October, 1974 and 'requested the County adopt an Ordinance prohibiting development on lots of less than 40,000 square feet where both septic tanks and private wells were used. An Ordinance to accomplish this was not enacted at that time. Mr. Dobson is repeating that request. A copy of his letter to Mrs. Garrett is attached to this agenda). Mark Burnham, Triangle J Council of Governments, advised the Board that legislation recently enacted might eliminate the necessity for adopting the 40,000 square feet Ordinance. He stated that the Health Department had the authority to enact local regulations as to lot size. Mr. Burnham stated that the State - Board of Health had scheduled a meeting on July 15, 1975, at 10:00 for the purpose of securing public reaction to the implementation of new State regulations and these regulations could be moving in the direc- - tion of lot size where septic tanks are involved. Chairman Garrett referred to Item $1D on the Agenda: (A report by the County Attorney concerning his research into the use of firearms). Steve Bernholz, County Attorney, reported on the Statutes provi- sion relative to firearms control. It was pointed out that the Board did have the authority to adopt certain firearms control, however, the enforcement aspect of any such Ordinance could be difficult. Discussion ensued concerning the problems that could be encountered by Law Enforcement Officers x'elative to the discharging of firearms. The matter of a Noise Ordinance was brought before the Board. Discussion ensued. The County Attorney stated that he would try to secure copies of various Ordinances from counties that had adopted such Ordinances. Charrman Garrett referred to ltem #11 on the Agenda: (Commissioner _ Pinney to review problems mobile home occupants are having complying with the provisions of the State Building Gode regarding the anchoring of their units). Commissioner Jan Pinney stated that mobile home citizens were encountering difficulty due to the fact that prior to being able to secure an electrical inspection and/or permit that the current State Building Code required that trailors be anchored. Commissioner Pinney also pointed out that the Electrical Inspector needed some assistance during the peak period of August thru September as a number of mobile homes were being moved into the area due to the beginning of the Fall semester at the University. Discussion ensued on the problems of mobile home anchoring, electrical inspections and other matters contained in the State Building Codes. The County Manager was authorized to emp]oy a temporary person to assist the Electrical Inspector during the peak period and during his vacation time. a Chairman Gazxett referred to Item #12 on the Agenda: (Authorizing change i.n signatures on County Checks). Upon motion of Commissioner Pinney, seconded by Commissioner Whitted, it was moved and adopted that Pdeal Evans , Financial Officer, be designated as the individual who would sign all County chebks drawn `• on the accounts of NCNB and CCB and that 5. M. Gattis, County Manager, would be authorized to execute any County checks in the absence of the Financial Officer. The Board deferred from the Agenda and Chairman Garrett recognized Ebert Pierce, County Extension Chairman. 51 Mr. Pierce introduced Sherman Shelton. Mr. Shelton advised the Baard that he had accepted the appointment as Distract Agent an the Northwest District. He would resign the position of Argiculture Extension Agent for Orange County effective July 14, 1975. Mr. Shelton thanked the Board for the cooperation he had received during his tenure of service and expressed his regrets on leaving the County employment. However, he stated he could not ignore the oppor- tunity that was available to him in the new position. _ Upon motion of Commissioner Gustaveson, seconded by Commissioner Whitted, it was moved and adopted that the County express its apprecia- Lion to Mr. Shelton for his years of service and that a resolution to - this effect be prepared. Chairman Garrett referred to Item #13 on the Agenda: (County Planning Director to report on Plats). Chairman Garrett recognized Chris Edwards, Assistant Planning Director. Mr. Edwards presented the following: A. John Woods: Final Plat unanimously approved by the Planning Board June 16, 1975. This property is in Eno Township off SR #1553. This plat deals with the subdivision of one parcel into two and the provision of an access road to SR #1553. Mr. Edwards advised the Board that Mr. Woods had been granted a variance due to the fact that the road shown on the plat was a private drive and he did not-wish to have the road to his home paved. Upon motion of Commissioner Whitted, seconded by Commissioner Pinney, it was moved and adopted that the plat for John Woods, Eno Township be approved. s. Carl B. Sparrow: Preliminary Plat with a variance.. On June 16th the Planning Board unanimously approved this plat. Mr. Edwards advised the Board that a variance for a 20 feet drive instead of a 60 feet drive had been granted to Mr. Sparrow as there was not sufficient space between the building to allow for the widening of the .e xisting drive. Discussion ensued. The Board recommended that the 20 feet right of way be combined with Tract Two (2) as part of the property in order that the requirements of the Zoning Ordinance could be met. The plat was referred back to the Planning Board. C. Mr. and Mrs. Chi: Preliminary Plat. This plat was unanimously approved by the Planning Board on June 16th and deals with the sub- - division of one parcel into two lots. It was pointed out that Mr. and Mrs. Chi were requesting that the Board show on their :plat that the easement would be designed as a priv- ate easement and that the necessary documents be drawn and recorded in order to assure the fact of a private easement. Discussion ensued. The Board requested the Planning Director to secure a ruling on the matter of the private easement in order to determine how it should be .- classified. D. Cedar Hills Subdivision: Preliminary plat. The plat deals with the subdivision of 91 acres of land into 72 lots and the dedication of streets. A community water system and a septic tank disposal system is contemplated. The Health Department has run preliminary perculation tests of the area and some problems are apparent. The Highway Department is reviewing traffic and drainage problems in this area. The Planning Board unanimously approved the preliminary plat June 16th. The property is on the south side of Weaver Dairy Road. Harold Williams and David Curl of Orange Builders and Bill O'Bryant, s Architect and Planner of Chapel Hill were present. Mr. O'Bryant stated that the proposed subdivision was to be divided in six (6) phases and would contain seventy-two (72) building lots, and that the lots would be served by a private water system and each lot would have its own septic tank. Discussion ensued concerning how this subdivision would effect the eventual extending of city water-sewer to areas beyond the subdivision area. It .was pointed out that the water lines planned for the sub- division would meet the State requirements. Commissioner Gustaveson stated that he felt the town of Chapel ^, Hill should be affbrted the opportunity to review the proposed sub- , division and to comment on the plans and the plat prior to this Board's ~... final approval. Mark Burnham stated that he felt water lines in the subdivision should be at least made compatible with the Chapel Hill water system, as a wrong size of piping could be a barrier in the future and the plans from the beginning should be properly formulated. The Board recommended to Mr. O'Bryant and to Orange Builders that the County Planning Staff and Mr. O'Bryant meet with the Planning Staff of the Town of Chapel Hill and that the review and comments from the town of Chapel hill be placed in writing and forwarded to the County Planning Director. E. Northwood: Final Plat, Phase 7. The total parcel of ninety (90) acres lies southwest of the intersection of NG #86 and Eubanks Road. Phase I of this project is situated along NC #86 and con- sist of fourteen (14) lots. The Planning Board unanimously approved this plat on June 16th. Discussion ensued concerning the Duke Power transmission lines which cross this property and it was felt that a letter from Duke Power stating that if the transmission lines could be moved and where they could be moved should be secured. The Board also requested that t_he result of the perculation test was needed. Discussion ensued concerning areas of mutual concern and Commis- sioner Gustaveson suggested that the Board plan a meeting with the Planning Director, members of his staff and the Planning Board for Thursday, July 24, 1975, at 7:30 p.m. Ervin Dobson stated that he would try to arrange a meeting for this date. Commissioner Pinney stated that he had learned that a building permit had been issued for construction of a duplex apartment and that this land .was located on the Chapel Hill watershed and that the lot was undersized. He had been contacted by one of the adjacent property owners concerning the proposed construction. Hezekiah Dobson stated that the property in question was a "lot of record" and that the Ordinance allows a "lot of record" to be used for residential purpose. Roland Wagner, Building Inspector, read from Section Orie (1) of the State Building Code and this section stated that the Code allows up to a three (3) family residence on a "lot of record". Hezekiah Dobson stated that if the lot perked then you could not refuse to issue a Building Permit and that the soil of this property perked fairly well and was of the type that is suitable far septic tank installation. However, he would not recommend that a duplex be placed on a lot of this size. It was pointed out that a new septic tank permit would have to be issued as additional nitrification lines must be added. Chairman Garrett referred tc Item #15 on the Agenda: (Reports from the Tax Collector). A. Results of Tax Lien Sale held June 2, 1975 - No action was taken by the Board. B- Uncollected 1975 taxes on hand June 30, 1975 - The report from the Tax Collector showed that the uncollected taxes for the period as of June 30, 1975, amounted to $531,035.30 and that this did not reflect $1,062.05 in partial payment made on insolvents. Chairman Garrett referred to Item #15 on the Agenda: (Commissioners to arrange a meeting with Carrboro, Chapel Hi11, and Hillsborough and the Director of each Library System at 1:00 p.m. in the Municipal Build- . ing of Chapel Hill, July 17, 1975). Chairman Garrett referred to Item #16 on the Agenda: (Appointments) A. The term of office of the County Tax Supervisor expired .on June 30th. Appointment is for a term of two (2) years expiring June 30, 1977. Upon motion of Commissioner Gustaveson, seconded by Commissioners Pinney, it was moved ar~d adopted that William T. Laws be appointed as Tax Supervisor for Orange County for a two (2) year term, effective immediately and expiring on June 30, 1977. B. The term of office of the County Tax Collector expired June 30th. Appointment is for a term of one (l) year expiring June 30, 1976. Upon motion of Commissioner Pinney, seconded by Commissioners Whitted, it was moved and adopted that Hortense Dickson be appointed as Tax Collector for Orange County for a one (1) year period effective immediately and expiring on June 30, 1976. C• Term of William Breeze, County appointee to the Board of Social Service. Upon the motion of Commissioner Walker, seconded by Commissioner Pinney, it was moved that William Breeze be appointed to the Social Service Board for a three (3) year term effective immediately and expiring on June 30, 1978. Chairman Garrett called for a vote on the motion. Commissioners Pinney and Walker voted aye. Commissioners Garrett, Gustaveson and Whitted voted nay. Chairman Garrett declared the motion failed. Commissioner Whitted stated that he had a great deal of respect for Mr. Breeze, however, the Board of Social Services did not have a member of the Black race and he felt that a representative of this group should be on the Social Services Board. Commissioner Walker left the meeting. Upon motion of Commissioner Whitted, seconded by Commissioner Gustaveson, it was moved and adopted that Mae McLendon be appointed as the County appointee to the Social Services Board for a three (3) year term effective immediately and expiring on June 30, 1978. D. The County COmmissioners should name one member to the Jury Commission. Commissioner Gustaveson nominated Charlotte Adams as the Board's appointee to the Jury Commission. The nomination were closed and _ Ms. Adams was nominated by acclamation. E. Two vacancies exist on the Orange County Planning Board. The terms of Leon Yates and A. J. Altemueller have expired. Action was deferred by the Board until July 15, 1975. F. Ms. Jean Anderson has requested she be relieved of the position of first alternate on the County Board of Adjustments. The position of second alternate on the Board of Adjustment is also vacant. 8 Action was deferred by the Board. G. The terms of J. G. Whitfield and Everette Blackwood on the County Board of Adjustments have expired. Ordinance provides that members on the Board of Adjustments cannot succeed themselves. Action was deferred by the Board. H. Bicentennial Committee - the following persons have been nominated by Chapel Bill, Carrboro, and Hillsborough. The County Commissioners should confirm this list and add such other names it feels necessary. P.2rs. Alfred Engstrom Ms. Evelyn Lloyd Dr. Ronald :Witt ' Dr. Charles Blake Mr. Grady A. Bxown Mr. John Kennedy Mr. John Lemke Mrs. Rollie Tillman Mrs. Elizabeth Daniels Discussion ensued. The names of Roger Foushee, Roberta Andrews, and Marinda McPherson, were added to the list of persons to be nominated to the Bicentennial Committee. Upon motion of Commissioner Gustaveson, seconded by Commissioner Pinney, it was moved and adopted that the names listed on the agenda and the three (3) names added by the Board all be appointed as members of the Bicentennial Committee. I. Appointment by Chairman of an Audit Committee. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adapted that Commissioner Whitted and Commissioner Walker be appointed as the Audit Committee. J. One vancancy exist on the Durham-Orange Manpower Council. Representatives of the Industrial Park near PSebane have suggested a possible appointee, however, permission for him to accept the appoint- ment has not yet been granted by his employer. Action was deferred by the Board until July 15, 1975. The County Attorney advised the Board that the matter he wished to discuss in Executive Session would take at least one (1) hour. The Board agreed to defer the Executive Session until 10:00.p.m. on July 1S, 1975. . There being no further business to come before the Board, the meeting was adjourned. ~~C~ ~.~ Flora R. Garrett, Chariman Betty June Hayes, Clerk