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HomeMy WebLinkAboutMinutes - 19751006S?~ MINUTES ORANGE COUNTY BOARD OF COMMISSSONERS October 6, 1975 The Orange County Board of Commissioners met in regular session on Monday, October 6, 1975, at 10:00 a.m., in the Commissioners Room of the Courthouse in Hillsborough, N. C. County Commissioners present were Chairman Flora Garrett, Commissioners Norman Gustaveson, Jan Pinney, Norman Walker, and Richard E. Whitted. Commissioners absent: None. Others present Were S. M. Gattis, County Administrator; Neal Evans, Fiscal Officer; A. S. Coleman, Jr. and Steve Bernholz, County Attorneys; and Betty June Hayes, Clerk to the Board. The Chairman referred to Item #1 on the Agenda: (Recognition of persons present and not on the Agenda desiring to speak with the Board) . Mrs. Dominic Terraccano was recognized by the Chairman and Mrs. Terraccano reported to the Board that she and her family were visiting the Dog Pound on Sunday and that they witnessed the killing of five puppies. She stated that the animals were without proper food, water and shelter, that sick animals were kept in the same confines as other animals. She insisted that the Board do something about the problems immediately as she was of the opinion that .the present conditions were poor and inhumane. Discussion ensued between the Board, Mrs. Terraccano and the County Manager. The Board requested the County Manager to inquire of the Dog Warden as to what could be done in way of separating the animals and providing some type of shelter. Chairman Garrett stated that she had received a complaint con- ' cerning drainage and a run-off problem from Highway #70 into the Mountain View area. The Clerk was requested to contact the Department of Transportation concerning the problem. Commissioner Gustaveson stated that the low shoulders on Hwy. 15-501 Bypass, the entire section from Eastgate Shopping Center across the town of Chapel Hill, needed to be improved. The Clerk was re- quested to write the Department of Transportation regarding this matter. Chairman Garrett referred to Item #2 on the Agenda: (Minutes of Prior Meetings). The Minutes of August 28, 1975 were reviewed. A correction was pointed out and it was moved and approved by the Board that the Minutes of August 2$, 1975 be accepted. The Minutes of September 2, 1975 were reviewed. Upon motion of Commissioner Pinney, seconded by Commissioner Whitted, it was moved and adopted that the Minutes of September 2, 1975 be approved. The Minutes of September 11, 1975 were reviewed. Upon motion of Commissioner Pinney, seconded by Commissioner Whitted, it was moved and adopted that the Minutes of September 11, 1975 be approved, subject to a correction on page six. The Minutes of September 16, 1975 were reviewed. Upon motior. of Co~:~issioner Pi;~ne}~, seconded by COmml$5i0l;ew ;~nitte~~ it was roved and adopted that the blinutes of September 16, 1975, b2 approved ~ ire biinutes of 5epte;::ber 23, 1975, were revietved. f. Upon motion of Commissioner Pinney, seconded by Commissions: C•+"netted, it was moved and adopted that the Minutes of September 7, 1975, be approved subject to a correction on page six. Chairman Garrett referred to Item #3 on the Agenda: (Consideration of a possible Garage Site: - Commissioner Pinney has discussed tvith members of the County Board of Education the possible use of a site they own). Commissioner Pinney stated that he had talked with members of the Board of Iducation and that from all indications it would be passible for the County to purchase a portion of the property on.which the School Board ;. has its School garage for a County garage site. Mr. Pinney stated that ;cif the Schaal Board was requesting $10,000. for 3/4 of an acre. 1iscussion ensued. Commissioner Pinney moved that the Board purchase 3/4 of an acre for the sum of $lO,DOD. from the Berard of Education anc? that the Maintenance Garage building be placed on this site. Commissioner Walker seconded the motion end discussion ensued. Johnny Horner, Assistant Tax Collector, informed the Board that there was a 20 acre site located North of Hillsborough on Highway #86 that could be purchased. He stated that to his knowledge there should he no difficult5~ . in the purchase due to the fact that the current propexty owner was operat--~ ing a~junk yard on the premises and that he had talked with one adjacent pzaperty owner and he had no objection to a Maintenance Garage.bei_ng placed on tnhe propexty. Further discussion ensued. Commissioner Walker wit=hdrew his second. fx'om the motion offered by Commissioner Pinney. Commissioner Pinney moved that the County proceed to purchase the 20 acres located North of Hillsborough on Highway #86 from Edward Crabtree, Jr. Commissioner Walker seconded this motion. The Chairman called for the vote. Commissioners Pinney, Walker, and Whitted voted aye. Commissioners Garrett and Gustaveson voted nay. The Chairman declared the motion passed. The County Manager advised the Board that in view of this action taken that the matter of money for the purchase of the property had to be con- sidered, in that, the Board had appropriated only $10,000. for the acqui- sition of land for the garage site. Commissioner Walker moved that the Board authorize the transfer of $20,000. from the Garage Building Fund to the Garage Site Appropriation. Commissioner Pinney seconded this motion. Commissioner Garrett, Pinney, Walker and Whitted voted aye. Commissioner Gustaveson voted nay. The motion was passed. mhe Chairman referred to ztem #4 an the Agenda: (Acta.on on an 7~.ppli- cation for Housing Units under the Section Eight Program). Discussion ensued concerning the Housing Application. Upon motion of Commissioner Gustaveson, seconded by Gommissioner Whiffed, it was moved and adapted that the Board approve the Section Eight - Housing Assistance Payments Program Application for Existing Housing that is being filed by the Orange County Public Housing Authority and Chairman Garrett was authorized to sign said application. r. Chairman Garr.etf referred to Item #5 on the Agenda: (Requesf for ~. Funding by CRIB}. ~~ ~ Tom Warr, Director of Social Services stated that the request far Title XX monies made by CRIB had not been approved by the State. Discussion ensued as to what steps could be taken that would allots CRIB to meet the requirements for matching funds.' I•F was pointed out that funds for Mental Health would not be needed and That CRIB could possible utilize some of these funds. Commissioner Pinney' moved that theBoard allow CRIB to utilize the 3--14-D funds for a title XX application. Commissioner Gustaveson seconded this motion. Further discussion ensued. E s ~3 Commissioner Pinney withdrew his motion with the consent of Commissioner Gustaveson. Commissioner "Volker made a motion that the Berard table Agenda Item #5. This motion died for lack of a second. Further discussion ensued between the Board and the Social Service Director. Upon motion of Commissionez Pinney, seconded by Commissioner Whitted, it was moved and adopted that Mental Health and CRIB jointly submit a proposal for 3-14-D funds. _ Chairman Garrett referred to Item #6 on the Agenda: (Considera- tion of a Resolution Concerning a Special School Tax in the Orange - County Administrative Unit). Chairman Garrett read the following letters dated 5eptember.23, 1975, received from George Williams, Secretary Orange County Board of Education: "At a special meeting on September 22, 1975, the Orange County Board of Education passed the following motion: H. G. Coleman, Jr. moved and Mrs. Emma Sue Loftin seconded that the board request the Orange County Commissioners to call for a referendum for a supplementary school tax of 5 cents per $100. property evaluation; the monies would be used to pay the teachers of the school system a supplement and to employ additional teachers to reduce the classload in the elementary grades. Voting "Yes" were Oscar A. Compton; H. G. Coleman, Jr.; Mrs. Emma Sue Loftin; and Larry Sturdivant. Voting "No" was Roland C. Scott. The motion passed. This official action of the Board of Education is hereby trans- mitted to the Board of Commissioners." "The following supportive date will supplement the action of the board in regard to its official action concerning the supple- -~ mentary school tax. Based on the present property evaluation of $245,000,000 in the Orange County School District, it is anticipated that $122,500 would be generated by a S cent supplementary school tax. This sum would enable the board to utilize approximately $70,000 to pay supplements to teachers as requested by the Orange County Schools' Classroom Teachers' Association, and . would not include principals and other personnel as had been requested by the teachers' organization, the remaining funds consisting of approximately $52,500 would be expended to employ additional teachers to reduce the classload in the elementary schools as specified in the motion. Please contact me if any other information in regard to this matter is desired by your board." The Board discussed the requirements contained in said letters. The County Manager suggested that the Board turn the matter over to the County Attorney for research and study. Commissioner Walker stated that due to the state of the economy, he felt the Board should deny the School Board's request to call for a Supplemental School Tax. v Further discussion ensued. It was agreed that the Board would table the matter until later in the meeting. - 84 Chairman Garrett referred to Item #7 on the Agenda: (Creation of a Task Farce to Consider the Proposed Eno River Park). Chairman Garrett asked each Commissioner to make an appointment to the Eno River Task Force. Commissioner Gustaveson nominated Donald N. Cox. Commissioner Pinney nominated Stewart G. Barbour. Commissioner Whitted nominated A. T. Davison. Commissioner Garrett nominated Dr. David Lang. Commissioner Gustaveson suggested that B. B. Olive be appointed as Chairman of the Task Force. 1f he should decide not to accept the appointment, Chairman Garrett suggested that Gordon Cleveland be con- .. sidered as the first alternate choice. All Board members agreed to these nominations. Item #10 was referred to by the Chairman: (Appointments). A. Two vacancies now exist on the County Council on Aging. Mrs. Lewis Kennedy has resigned. Her term expires June 30, 1978. •. Reverend Ralph L. Cannon has resigned. His term expires June 30, 1977. The Board appointed Ms. Ruth Cooper of Miller Road to fill the unex- pined term of Mrs. Lewis Kennedy as a member of the Council on Aging and also nominated Reverend J. F. Minnis to fill the unexpired term of R. L. Cannon. B. Howard We1ch's term on the~Board of Directors of Triangle J Housing Development Corporation has expired. Action was deferred on the appointment. C. Mr. E. Blaine Liner, a County appointee to the Chapel Hill Planning Board, has requested a leave of absence until July 1, 1976. Section 128-40 of the North Carolina General Statutes gives the County Commissioners authority to take this action. Upon motion of Commissioner Pinney, seconded by Commissioner Whitted, and Commissioner Gustaveson, it was moved and adapted that E. Blaine Liner be granted a leave of absence from the Chapel Hill Planning Board. D. Orange County Board of Adjustment Action was deferred on these appointments. E. One vacancy exists on the Durham-Orange Manpower Council. Mr. Dan Kendall has been recommended for that vacancy. Action was deferred on this appointment. F. The County has been requested to name someone representing emergency medical services providers to its Health Task Force. Action was deferred on this request. Chairman Garrett referred to Item #8: (The County Planning Board has acted upon the following matters and referred them to the Board of Commissioners - PRELIMINARY PLAT) _ A. Nunn Subdivision: This property is situated in Chapel xi11 Township at the intersection of Eubanks Raad and Old 86 and con- lists of .eight lots each about one acre in size. The Planning Board unanimously approved this plat. Commissioner Pinney pointed out that a certain portion of this subdivision was low and remained under water a good portion of the time. Discussion ensued. 85 Upon motion of Commissioner Pinney, seconded by Commissioner Whitted, it was moved that the Nunn Subdivision plat be referred back to the Planning Board for an investigation of the drainage and water problem. B. FINAL Plat for Ramblin Heights Phase II: This subdivision of land merely adds additional land to the rear of a tract al- ready in the possession of the petitioner. The property is situated on Piney Mountain Road in Chapel Hill Township. The Planning Board unanimously approved this plat. Upon motion of commissioner Walker, seconded by Commissioner __ Pinney, it was moved and adopted that this plat be approved and the Chairman was authorized to sign the same. C. PETITIONS FOR REZONING - A. 1,. Thomas - Petition to rezone a tract in Chapel Hill Township near Highway #$6 from residential $o general commercial. This issue was considered at the August 25th public hearing. The Planning Board approved this request by a vote of S to 2. Chris Edwards, Assistant Planning Director, stated that the owners . proposed to place a restaurant in the area. It was pointed out that once the property was zoned Commercial, then it must remain a commercial site until petition was filed for further rezoning. Upon motion of Commissioner Gustaveson, seconded by Commissioner Whitted, it was moved to deny this request to rezone this tract from residential to general commercial. Chairman Garrett called for the vote. Commissioners Garrett, Gustaveson, Pinney, and Whitted voted aye. Commissioner Walker voted nay. The Chairman declared the motion passed. D. Dr. Cushman and Mrs. Cleaver petitioned for a rezoning from residential to planned unit development, a parcel near Highway #86. This issue was heard at the August 25th public hearing. The Planning Board unanimously approved this request for rezoning. Chris Edwards presented the reasons why the Planning Board approved this request for rezoning. Discussion ensued concerning the fact that the proposal could be considered under the general terminology of a planned unit development. Upon motion of Commissioner Pinney, seconded by Commissioner Whitted, it was moved that the Board deny the request of Dr. Cushman and Mrs. Cleaver to rezone their property from residential to planned unit development. The Chairman called for the vote. Commissioners Garrett, Gustaveson, Pinney and Whitted voted aye. Commissioner Walker voted nay. The motion was declared passed. ' Chairman Garrett referred to Item #6 on the Agenda which had been deferred earlier i.n the meeting. (Consideration of Resolution con- cerning a Special School Tax in the Orange County Administrative Unit). The Chairman recognized A. B. Coleman, Jr., County Attorney. Mr. Coleman stated that he had reviewed the General Statutes and that accord- ing to GS 115-122 the County Board of Education would have to comply with the provisions contained in GS 115-119; 121 and 122. These statutes require the Beard of Education to specify the maximum rate of tax which is proposed to be levied. A statement of the purpose of the election. A legal description of the area within which the election is to be held and the purpose of the tax. 0 Mr. Coleman stated further that the Statutes require that a petition and/or petitions requiring a special school election must bear the approval of the Board of Education of which should be pre- sented before the Board of Commissioners and it shall be the duty of the Board of Commissioners to call an election and fix the date for the election and that the expense at holding and conducting the elec tion shall be provided by the Board of Education. Mr. Coleman stated that the Board of Commissioners had no discretionary authority in the matter if the Board of Education property petitioned for the calling of a special tax levy. The Board of Commissioners requested the County Attorney to advise the School Board of his findings relative to the matter of proper.peti° tioning for a Supplemental Tax Levy. Chairman Garrett referred to ltem #9 on the Agenda: Reports. p. Concerning Status of the Appointment of Ms. Mae McLendaon tc the County Board of Social Services. Steve Bernholz informed the Board that his staff was preparing a written Memorandum of Law that would be submitted to the Attorney General office and that he planned further to meet with the Attorney General in order that they might review the contents of the submitted documents cc~ wouldhbezforwardedhto each BoardeMember~ the Memorandum of Law, pY A. Northside School Property Mr. Coleman informed the Board that he had been in contact with Edward Williams of the Granting Agnecy of the Mental Health Division and that Mr. Williams had informed him the County would need a certifi- caticn of clear title in order foresented theedetails of themproblems • Orange County. Mr. Coleman then p he foresaw in clearing the title for the Northside School property. B. Grady A. Brown School Property Mr. Coleman stated that a question of where Hazel Street is located has posed somewhat of a problem in the clearing of title for the Grady A. Brown property, however, if the Board is willing to except a deed that would describe the property by the adjacent pro- . petty owners and accept the fact that at some future date the boundary line might be subject to change, then the transaction for this property could be completed. Discussion ensued. The Board agreed to accept the recommendation of the County Attorney on the matter. C. A possible Ordinance concerning development on lots of less than 40,000 square feet in size. The County Attorney stated that the Planning Department was in the process of gathering information on a proposed Ordinance. Discussion ensued concerning the need for the date and current authority of the local Health Department and other items that would and could affect the proposed Ordinance. Nc action was taken on this matter. E. Other matters - None. F. Personnel Study The County Administrator advised the Board that the State Personnel people were now working in Alamance County and stated that they would like to make a comparison between the Counties of Orange And Alamance. They are planning to come into Orange County shortly. Chairman Garrett referred to Item #11 on the Agenda: Facilities Study. On September 23rd the Board met with three consultants to consider proposals for facilities and/or management studies. Having heard these proposals what does the Board now desire to do? s- 8! - Commissioner Gustaveson stated, "I feel that all three proposals miss the mark in various respects in terms of what we need at this time. The proposal that come the closest, was the proposal submitted by Joe Nassif." Commissioner Gustaveson suggested that the Board re- quest Mr. Nassif tp re-do his proposal. He stated further that the thought the Board needed some clear cost estimates. Commissioner Walker moved that the meeting adjourn to meet again on Tuesday, October 14, 1975, to finish the items on the Agenda not discussed in this meeting. ~~~~ ~ ~~ Flora R. Garrett, Chairman Betty June Hayes, Clerk MINUTES ORANGE COUNTX BOARD OF COMMISSIONERS October 9, 1975 The Orange County Board of Commissioners met on Thursday, October 9, 1975, at 7:30 p.m., in the Superior Courtroom at the Courthouse. This meeting was a scheduled Fublic Hearing regarding road matters. Members present were Commissioners Flora Garrett, Norman Gustaveson, Jan Pinney, Norman Walker and Richard E. Whitted. Members absent was none. Other present were S. M. Gattis, County Administrator; A. B. Coleman, Jr., County Attorney; and Betty June Hayes, Clerk to the Board. Chairman Garrett announced that this was the time and place for the Public Hearing on the Proposed 1975-1976 Secondard Road Improve- ment Program. She recognized Mr. F. D. Hornaday, Chairman of the Secondary Roads Council; John Watkins, Division Engineer; Earl Hoover, Assistant Division Engineer; and S. H. Jones, District Engineer. Mr. Hornaday filed the following Proposed 1975-1976 Secondary Road Improve- ment Program. "1975-1976 Allocation $234,600.00 Less Contingency to be used for Rural and Old Subdivision Additions, Overruns, Pro- perty Owner Participation, Rural Fire Depart- ments and Spot Stabilization 34,fi00.00 Amount to be Programmed $200,000.00 Estimated Ma Priorit SR .Name Len th Cost Paved Secondar Road Im rovements 1 1 1009 Old 86 2.0 Un aved Secondar Road Im rovement Grade, Drain, and Pave 2 2 1752 Piney Mountain Road O y 3 3 1951 Antioch Church Road , 1.0 Total _ Alternate if Right-of-Way not Available on above or if Additional Funds are Available in Fourth Quarter, also, Preliminary Engineering and Right of-Way. 4 4 1102 Dodson Crossroads 3 5 5 5 1561 Lawrence Road , 0 6 6 6 1335 John Workman Road . l.g 133,000.00 12,000.00 55,000.00 200,000.OD 157,000.00 40,000.DO 111,000.00"