HomeMy WebLinkAboutMinutes - 19760325~s~
MINUTES OF THE ORANGE COUNTY BOARD OF COMMISSIONERS
Thursday, March 25, 1976
The Orange County Board of Commissioners met in called session
on Thursday, March 25, 1976, in the Commissioners' Room of the
Courthouse in Hillsborough.
Members present were Chairman Flora Garrett, Commissioners
Norman Gustaveson, Jan Pinney, and Richard Whitted.
Commissioner Walker joined the meeting later.
Others present were S. M. Gattis, County Manager, Neal Evans,
Fiscal Officer; A. B. Coleman, Jr., County Attorney, and Agatha
Johnson, Acting Clerk.
Chairman Garrett inquired if anyone was present who was not
listed on the Agenda who had business to transact with the Board of
Commissioners.
No one came forth.
The Chairman referred to Item II on the Agenda: Consideration
of an Ordinance designed to regulate the disposal of trash in containers
provided by Orange County.
Commissioner Pinney stated that he wished the warding in Section
I-B of the Ordinance be modified to change the word deceased to "live
or dead".
Discussion ensued concerning the use of the word flora. The
Board agreed to include the words "trees, brush, stump, (flora) or
the remains thereof", in Section I-B.
Further discussion ensued as to the definition of a commercial
hauler, and whether or not a trailer park owner or manager is considered
a commercial hauler as related to Section I-C of the Ordinance. After
discussion the Board agreed to allow Item C of Section I to remain as
it is and to amend this Item later if it is needed.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Pinney, it was moved and adopted to approve the Ordinance Prohibiting
the Depositing of Trash, Garbage and Other Debris on Orange County
Property Other Than in Designated Containers at Selected Locations.
The Ordinance is to become effective May 1, 1976. Appropriate
advertisement and signs are to be erected to inform citizens of the
Ordinance. (For Copy of Ordinance see Ordinance Book).
Discussion ensued regarding an Editorial printed in the "News of
Orange". The consensus of the Board was to take a look at the possibil-
ity of locating fenced-in areas throughout the County for citizens
to dispose of large items.
The County Attorney requested that a copy of the Ordinance concern-
ing use of the Green Boxes be sent to the Institute of Government, The
Chairman requested that a copy be sent to the Association of Gounty
Commissioners.
Chairman Garrett referred to Item III; Appointments:
A. The Board of Commissioners has agreed to create a Council on
f the Status of women.
Commissioner Gustaveson nominated Cricket Ussery and Marilyn
Johnson.
Commissioner Pinney stated that he would not nominate anyone at
this time, however, he would name anyone who wished to serve an this
Commission if those people would call him.
Commissioner Whitted nominated Pactorious Young, Betty McAllistez,
and Julie Knight.
Chairman Garrett nominated Jane Monroee
as2
Chairman Garrett nominated Jane Monroe, Josephine Holman, and
Gerri Soldi.
It was agreed that other appointments to the Commission on the
Status of women would be deferred until the first i4onday.
Commissioner Gustaveson spoke of a charge to this Commission.
The Board agreed that the first meeting should be for the purpose of
preparing a charge.
B. The Board of Commissioners has agreed to name three additional
members to the Youth Needs Task Force.
Chairman Garrett nominated Dr. Robert Brooks and Jill Mears.
The Clerk was instructed to write these nominees to see if they
so desired to serve. ,
Commissioner Gustaveson nominated Joan Lipsitz and Jane Ludington:
Mr. Gustaveson will contact these people before an official letter is
sent.
The Chairman referred to Item IV: Commissioner Norman Gustaveson
will present a request for an appropriation to help finance the
preparation of the report of the Energy Task Force.
Commissioner Gustaveson reported that the Task Force was now in
the final stages of the report which contained 75 pages of material,
charts, and flow charts and that he was very pleased with the report
as it contained a goad technical base lane data. He stated further
that to put the report into usable form, the task force would need
appropriations from Chapel Hill, Carrboro, as well as the County. He
requested of the County an appropriation of $400.00.
Commissioner Pinney stated that he felt the Board should not spend
more monies until the new budget year.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Whitted, it was moved that $400.00 be allocated from the Contigency
Fund to help finance the preparation of the report of the Energy
Task Force.
The Chairman called for the vote.
Voting aye were Commissioners Garrett, Gustaveson, and Whitted.
Voting nay was Commissioner .Pinney
The Chairman declared the motion passed.
Chairman Garrett referred to Item V. An application for the refund
of overpaid property taxes has been filed by Mr. Watts Hill. The Board
of Commissioners is required to approve all tax refunds the County makes.
The Property Tax Commission requested the Wake County .Superior
Court to confirm the settlement of the tax appraisal dispute between
Orange County and Mr. Watts Hill. A copy of a Court Order resolving
this matter is attached. This Order also directs the County to make a
refund to Mr. Hill of the tax he has overpaid.' This tefund is to be
made with interest. Since no specific rate of interest is prescribed'
in the Order, we propose to tender a refund of the tax only. If P~Lr.
xill refuses to accept this sum in settlement of his claim, we will
have to negotiate some acceptable rate of interest with him. The
amount of the refund as $1,090.76.
"North Carolina
Wake County
In the General Court of Justice
Superior Court Division
No. 75~5-
IN THE MATTER QF:
The appeal of Southland Associates,
Inc. (~;*+~ of Mr. George Watts
Hill, 5r.) fran the valuation of
its property at 1001 Raleigh Road in
Chapel Hill by the Orange County
Board of Equalization and Review
for 1973, a revaluation year
CONSEf~1T JUAG~T
~d~
THIS CAUSE caning on to be heard and being heard before the undersigned J1~dge
of the Superior ODtu_`k of Wake County, Narth Carolina, at the March 1, 1976, term and
it appearing to the Court by rep*-p~ntation Of counsel that all matters and things
set forth in the Appeal and Petition for Adnunistrative Review in this matter have
been resolved between the parties.
IT TS, '_r_r~:REFY~RE, ORDERID, AATUD® AND DFA~ID with the consent of all parties
that the property located at 1001 Raleigh Road, Chapel Hill, North Carolina, and
identified in the Orange Uoruiuity tax records as Tract #6297, Map 73, Lpt 3, containing
1.9.46 acres, more or less, be valued at $7,500.00 per acre or a total valuation of
$145,950.D0.
IT XS FURTHER ORDERID that this valuation shall be reflected on the records of
the Orange County Tax officials and shall be effective as o~ January 1, 1973.
IT IS ~ ORDERID that any taxes that have been paid on account of the higher
valuation in excess of the findings of this Court shall be refunded by the Orange
County Tax officials, with interest.
This the 2 day of t9aroh, 1976.
/gN/ HeI]Ty j„ MrKi nnnn, JY.
Judge Presiding
CONSENTED 'lb:
/s/ E. J. Walker, Jr.
E. J. Walker, Jr.
Attorney for Petitioner
P. 0. Box 2006
Durham, North Caoilina 27702
Upon motion of O~tm.issioner
moved and adopted to accept the
$1,090.76.
/s/ A. B. Coleman, Jr:
Orange County Attorney
Churton Stxeet
Hillsborough, North Carolina 27278"
Glastaveson, seconded by CommLissioner Whitted, it was
Consent Judgement acid to refund to Mr. Hill the refund
Chairman Garrett referred to Item Vs: Mr. Lane 5arvez wi11 review a proposal tb
ex-nand the bane x~pair work crew through Title XX funding. 'This proposal has been dev~
eloped by the Triangle J Co~uicil of Gove_r,BnPnts.
Mrs. Garrett reoogi~ized Lane Sarver, Housing Technical Services Di.reCtor. Mr.
Sarver reviewed the suinnary of work cc¢npleted and in progress as of February 29, 1976,
by the Home Repair Work Crew. He presented to the Board an Application to the Depart-
ment of Human Resources, Division of Social Services for Purchase Contract for a three
month period from April 1, 1976, to June 30, 1976. P4r. Sarver stated that the Triangle
Housing Development Oorporation with the Joint Orange-Chatham Commuiity Action and the
Orange County Council on Aging have been opPSating a Hone Repair Program with CETA, and
they find more jabs than the work crews can take care of.
He presented a slide presentation of banes, shovring before and after the
work was canpleted.
Following the slide presation, discussion ensued concerning priorities of
work done.
Chairman Garrett stated that she would like to see the $11,000.00 that want to
Carrboro through G~mtuiity DevelopmPrit be expar~cled to do this work. She stated that
these were a lot of unanswered questions i.n his mind as Cha~r*^an of the Triangle J
Council of Goverrmients.
Mrs. Garrett stated further that she would like to see the Council of Gavern-
ments help us set up a different mechanism for Housing in the future. She does
realize Carrboro's need and she would vote for this three month period but beyond that
she would not like to make a c[mnitment.
~missioner Pinney moved that the Board approve the proposal for the three
month period. The motion was seconded by Catmissioner Gustaveson.
Further discussion ensued regarding the contractor and sub-contractors.
Chairnrzn Garrett called for the vote.
All members voted aye.
The Chairman declared the motion passed.
Commissioner Norman Walker joined the meeting at this time.
'364
The a,~+an referred to Item V1T: The Sediment Control Officer, Mr. Edafe
Oddo, will review the plans that have been developed to implement the County
Sedunent Control Program. zvnPnrlR+Pnts t0 the Sedlmerit COritrol Ordinance wi71 be
discussed.
The Chairman recognized Edafe Oddo. Mr. Oddo stated that there were tern
minor points of the Sedimentation and Erosion Control Ordinance which needed the
Board's attention.
The Sedimentation Committee in Raleigh had reoontnended that 5ubsection•:a under
Section 5: Exclusions 17e deleted from the Ordinance; and on Page 5, Section 9,
Subsection a, the Cairrtnittee could foresee problems in enforcing this section. -
The Board agreed to let Page 5, Section 9, Subsection a. stand as it now
is and to start the program and later amend the Ordinance if the Board deems it
necessary.
Upon motion of Ccnunissioner c~istaveson, seconded by Carnti_ssioner Whined, it
was moved and adopted that Subsection a under Section 5 be atnmitted fran the
Ordinance.
The County Manager was requested to send espies of the Qr~~n~n:-e and a sample
Resolution to the Towns of Chapel Hill, Carrboro, Hillsborough, and Mebane requesting
that they adopt the Ordinance.
The Clerk was instructed to send a 1~esolution to the North Carolina Sedimenta-
tion (.bntrol Connussion verifying the action taken to delete Subsection a under
Section 5.
Mr. Oddo continued his presentation to the Board by outlining the steps and
procedures for the Erasion and Sedimentation Oontrol Plan. The final step in the
Control Plan is the approved certificate of Compliance being issued before the
Building Permit is issued.
Mr. Oddo stated that he foresaw the need of a educational program for
developers and landowners in relation to the Erosion and Sedimentation Control Plan.
C~carmissioner Whined moved for the forma], approval of the Sedimentation
and Erosion Oontxol Plan as amended.
Commissioner Gustaveson seconded the motion
All members of the Board voted aye.
The Chairman declared the motion passed.
(For a copy of the Sedimentation and Erasion Orc3inanre see Ordinance Book No.
1, pages 15 through 23)
('jai rman Garrett referred to Item VIII on the Agenda: The IntergwP*~+P*+tal
Task Force is submitting to the 'Itxm Boards of Chapel Hill and Carrbom and to the
County of Orange, Board of ~rmissioners, a report prepared by its Recreation b~ak~cpmr
mittee. They are requesting the Board of County O~missianers to review this report
and oomment back to the Task Fbroe as soon as practical.
(For a copy of the Report entitled "Join Study of Areas of Possible Cooperation
Between the Chape1Hi11-Carrboro School System and The Recreation Programs of Chapel
Hill, Carrboro, and Orange County" see pages '
Ccannissioner Gustaveson stated that recreati~ was one of several areas the
IntPSgoverrnnental Task Force was charged,tn look into. He stated that the ~~~~+~ttee
recommends for consulerata.on two principles upon which a formal plan can be based.
(1) a Long Range facility planning in the area of recreation that would o~mbine
Capital Outlay programs to serve both recreation programs and School program needs.
(2) a mechanism for dealing with the equity question in funding recreation and other
programs for jointly used facilities which would help solve the dilemma of overlapping
jurisdiction and services. He stated that the Intesgovezranental Task Force would like
ceerments from the County Board and the Municipalities in order to begin to move on the
rec~rrr~erndation from the governmental bodies aryl to set up a Negotiation Ca~mittee to
start working out different areas of the plan.
~~-~?*? Garrett stated that she would very much like to have the schools or
the Finance Officer to look at the facility cost of recra3tion sharing for the up
g year and thin some mechanism put that cost in a line item request. Also, the
same for the County Budget request for recreation that a formula be worked out by
this Carnnittee, the County Manager, and the Recreation Department.
Jp~
~dssioner Gustaveson moved that the County Boat~3 of C~ssa.aner endorse the concept
of the Subcat~dttee's report and rec~miend to the ~~~mittee that actual negotiation
for proposal of this year's budget be handled thru the Tntergovertnnental Task Force.
Commissioner Whiffed seconded the motion.
All members voted aye.
Tk1e Q~3;rman declared the motion passed.
Chairn~z Garrett informed the Board of a telephone ca11 from Roland Scott, Chair-
man of the grange County Board of Education. Mr. Scott would like for the Ccmnissioners
.. to indicate whether or not they are interested in owning the Cedar Grove School Property.
Discussion ensued. Mr. Gattis informed the Board that the Recreation Depari~ent
- was very interested in the property.
Upon motion of c~missionPS Gustaveson, seconded by Commissioner Whined, it was
moved and adopted that the County proceed with informal negotiation for the acquisition
of the Cedar Grave School property and that a letter of the Board's intention be sent
to the Chairman of the School Board.
Etiirther discussion ensued.
The Clerk was instructed to write a letter to the Q~aixman of the school Board
and MX. Gattis was instructed to get in touch with Mr. Williams, County Supertindent
of Schools, to proceed with the proper negotiations.
Conmissianer Whitted called far the question.
All members voted aye.
'j'hg ('}"1,3jrman declared the m4t~Cn passed.
C"_hairman Garrett presented a letter to the Board fx~n Walter McDade, Director of
the Efland-C~ieeks Center. The letter was an invitation for the Ca~anissioners to lunch
at the Ce~ir Grove Center. The C~issioners decided that the first Monday in May
would be an appropriate time to accept this invitation.
C7c~¢nissianer Gustaveson stated that he would like the Board to consider the
School Capital Outlay question and, perhaps, include this iten on an upcaning Agenda.
Be stated that he was wncerned with haw to finance all the School Capital Outlay fr~n
the cux`rent operating money. He stated that he thought the Board needed to talk more
seriously about a bard issue and set a time for it.
The general consensus of the Board was to wait until they had heard Joe Nassif's
report.
There being no f,~rrrx?r business to come before the Board the meeting was
adjourned.
~~a~aQ ~aw~'
Flora k2. Garrett, Choi *~+='n
Agatha Johnson, ,Acting Clerk