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HomeMy WebLinkAboutMinutes - 19761004~~ r, MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS OCTOBER 4, 1976 The Orange County Board of Commissioners met in regular session on Monday, October 4, 1976, at 10:00 a. m., in the Commissioners' Room of the Courthouse in Hillsborough. Commissioners present were Vice Chairman Richard Whitted, Commis- sioners Norman Gustaveson and Norman Walker. Chairman Flara Garrett and Commissioner Jan Pinney joined the meeting later. Others present were S. M. Gattis, County Administrator; Neal Evans, Finance Director, A. B. Coleman, Jr., and Jeffrey Gledhill, County Attorneys, and Agatha Johnson, Acting Clerk. Chairman Whitted referred to Item 1 on the Agenda: Persons not on this agenda having business to transact with the Board of Commis- sioners should make their presence known. Mr. Charlie Davis stated that he was present to give to the Commissioners complimentary tickets for the annual dinner meeting of the North Central Piedmont RC&D Project, which will be on October 14, 1976, at the Holiday Inn in Burlington, N. C. Chairman GlYiitted referred to Item 2: Approval of the September 21, 1976 minutes. Upon motion of Commissioner Gustaveson, seconded by Commissioner Walker, it was moved and adopted that the minutes of September 21, 1976, be approved. The next item for discussion was Item 3: Ms. Rudolph Koster, a member of the [+7omen International League for Peace and Freedom, will review plans for a "Center for Dispute Settlement." The Chairman recognized Ms. Koster who stated that she was presenh to ask the Commissioners to endorse a project which had grown from six years of "court watching" done by her group. She stated that during this six years, the group had seen a number of minor cases in which the punishment does not satify any of the underlying causes in the dispute and does at the same time crowd the already congested court docket, as well as distract the law enforcement officers from more serious duty. Mr. Koster stated that Ms. Charlotte Adams had done most of the research for the group and she had come across the "American Arbitration Services" group which has had experience in acting as a mediator in solving these types of problems. She stated that what she was asking from the Commis- sioners was an endorsement of the idea and a willingness on the part of the County to cooperate, if the project can get started. Ms. Koster stated that Judge Stanley Pee le found the idea exceedingly appealing and very useful. Discussion ensued. Ms. Koster informed the Board that this under- taking would be recognized within th,e Court system, that all personnel, acting as mediators, would be trained. Commissioner Gustaveson stated that he liked the idea, but would like an opportunity to review the news article and pamphelts, which Ms. Koster had presented. He recommended that this item be deferred until the third Tuesday meeting in October, when a full Board would be present. Chairman Whitted referred to Item 10: The Finance Director has prepared a proposal relating to the distribution of delinquent taxes. The Manager concurs with his recommendation. "This memo is to p.rapose a change in the current practices of dis- tributing taxes more than two years delinquent and of distributing of interest earned on investments to Special Tax Districts. i'-' N. C. General Statute 159-27 (b) requires the distribution of taxes collected during the current year (i.e., 76) that were levied in the two prior years (i.e., 75,74) to be distributed to the fund for which they were levied. For taxes levied in any year before the immedi- ate two prior years, G.S. 159-27(c) requires that the Board authorize either distribution to each fund, as above, which is the County's current practice, or distribution only to the General Fund. z recommend that the Board authorize the latter, that all taxes more than two years delinquent be credited to the General Fund when collected. I have attached a chart which indicates the effect of this on the Special Districts in 1975, had this practice been in use. This would provide considerable benefit to the Finance and Tax Departments in terms of dis- tributing delinquent taxes on a monthly basis, which requires many hours of personnel time and some computer activity. There is obviously some loss to the Special Districts and T would recommend that we attempt to replace this loss by crediting interest earned on investments to each of the district funds according to their average end of the month cash balance, as we do with all County-wide funds. This interest distribution is required by G.S. 159-30 (e) but in practice Orange County has arbitrarily allocated the interest to the General Fund as a payment for collection and other expenses related to the fund. A payment for this purpose is permitted by G.S. 159-13(B)(18), but the Orange County method is questionable and, in fact, was cited by our auditors in 1975. If we apply all interest to the appropriate fund, a task which is not. time consuming, we can accomplish three things: 1) replacement of a portion of lost taxes; 2) full and clear compliance with the Statutes; and 3) elimination of frequent criticism by the dis- trict that we are profiting from "their money." Regarding item 3), the districts should then feel better about un-needed funds deposited with the County, since we can warm a much better rate of interest by utiliz- ing the total holdings of all funds, and, at the same time, there is no particular advantage to the County-wide funds in keeping the district money on hand. The attached chart also shows the effect of interest, had it been applied to the distribution of 1975-1976. Only the School District would have received considerable less interest than the collections from delinquencies two years and prior. rt should be noted that this was also in the year of the best delinquent tax collection record the County has had, and that with continued good first year collections the amount of delinquent accounts will never again be so significant." SFECIAL DISTRICT TAXES & INTEREST 1975-76 Year of Levy 1974 1973 1972 1971 1970 1969 1968 1967 1966 1965 1940-1964 Total 1972 and prior Effect of 1975-76 Interest (if applied) 1975-76 Collections School Fire Sanitary Districts Districts District 79,776 19,091 452 14,907 3,589 297 4,898 1,332 130 1,770 72 69 995 23 16 426 + 5 3 166 4 50 22 2 34 8,363 1,435 218 1,612 1,701 216 .~ Upon motion of Commissioner Gustaveson, seconded by Commissioner Walker, it was moved and adopted to accept the Finance Director's recommendation as related to the distribution of delinquent taxes. Item 11: Forest Park Road in Forest Park Acres Subdivision meets minimum requirements for addition to the State Highway System. Will the Board of Commissioners recommend this road be placed on the State System. Upon motion of Commissioner Walker, seconded by Commissioner Gustaveson, it was moved and adopted that Fdrest Park Road be added to the State Highway System. Chairman Whitted referred the Board to Item 15: Position number 507 in the Department of Social Services has been reclassified from Clerk I, Pay Grade 50 to Clerk-Typist II, Pay Grade 53. This is a vacant part time position. Upon motion of Commissioner Walker, seconded by Commissioner Gustaveson, it was moved and adopted that position number 547 be reclassified from Clerk I, Pay Grade 50 to Clerk-Typist II, Pay Grade 53. Chairman Whitted referred to Item 18 on the Agenda: Does the Board of Commissioners wish to discuss same type of industrial appr ci- ation event that might beheld during the winter. Commissioner Gustaveson stated that this idea grew from the first phase of the County tour, particularly within the Industrial Park area. He stated that he felt there should be some kind of way to show the Board and local government's appreciation to these industries for locating within the County and providing jobs to .the people. He felt local government should show concern for the industries and to any particular problems they might have. Mr. Gustaveson stated further that he felt this idea might lead to encourage other industrial acti- vity to settle in the area. Discussion ensued. The Board agreed that plans should be initi- ated for an event to show appreciation and recognition to the indust- ries in Orange County and that the event should be coordinated with the Chamber of Commerce from Chapel Hill and Hillsborough. Ccmmissioner Gustaveson moved that the Board direct the project to the County Manager and Secretary to the Board to begin planning for the event. The motion was seconded by Commissioner Walker. All members of the Board voted aye and the motion was dec~.ared passed. Commissioner Walker stated that he felt this was a move in the right direction and would open an avenue for the County to deal more directly with the Town of Mebane. Chairman Whitted referred to Item 13: The.Tax Supervisor will pre- sent the following tax matters for consideration by the Board. The Chairman recognized William Laws, Tax Supervisor, who referred the Board's attention to the five requests for tax refunds. Edgar Long: Mr. Laws explained that a previous owner of the pro- perty, which Mr. Long had purchased, had five trailors on the land and the tax office has assumed that the five trailors belonged to Mr. Long. However, the trailors had been moved from the land by the previous owner and Mr. Lang was requesting a tax refund of $107.90 which had been paid. Upon motion of Commissioner Gustaveson, seconded by Commissioner Walker, it was moved and adopted that a refund of $107.90 be made to Edgar Long. Gough W. Miller - Mr. Laws stated that this was an erroneous listing by P4r. Miller for a tract of land which resulted in a double listing. Upon motion of Commissioner Walker, seconded by Commissioner Gustaveson, it was moved and adopted that a refund of $15-87 be made to Mr. Miller. Mary Green - Mr. Laws stated that Mrs. Green owned a lot i.n Cheeks Township which laid in the right of way of Interstate 85. The land actually does not exist and he recommended a refund to Mrs. Green. Upon motion of Commissioner Gustaveson, seconded by Commissioner Walker, it was moved and adopted that a refund of $6.51 be made to Mrs. Green for the years 1974, 1975, and 1976. Cynthia Thomas -- Mr. Laws stated that Ms. Thomas operated a cox which was listed in her father's name in Person County. Mr. Thomas had paid tax on the car in Person County and Ms. Thomas had also paid tax in Orange County, however, the car had stayed in Person County. Upon motion of Commissioner Gustaveson, seconded by Commissioner walker, it was moved and adopted that a refund of $15.43 be made to Cynthia Thomas for 1976 taxes. Commissioner Pinney joined the meeting at this time. • Willie Atwater - The Appraisal Company had listed Mr. Atwater with a trailor, when a trailor actually was not on his property. Mr. Atwater since 1974 has been paying taxes on a trailor which he has never owned. Upon motion of Commissioner Gustaveson, seconded by Commissioner Walker, it was moved and adopted that Mr. Atwater be granted a refund of $60.00 for 1974 and 1975. Commissioner Walker inquired of the Tax Supervisor the Status of out-of-state vehicles which belonged to students. Mr. Laws replied that the vehicles are taxed if they have been in the County a significatrt part of the previous year. They are not re- quired to change their licenses, since they pay out-of-state tuition. They are considered out-of°state residents. Mr. Laws stated that according to the Institute of Governments these students are still taxable here if they spend more than half of the preceding year before the listing period in the County, however, it was difficult to know that they are here unless they volunteer to list. Commissioner Walker inquired if there could be a coordination between the voter's registration and motor vehicles to see if out-of- state students have listed vehicles as personal property. Commissioner Pinney stated that he wondered if this action would be worth the trouble. Mr. Laws said that this would take a good deal of time and would mean that he would need additional staff. Commissioner Walker stated that he felt this needed to be done that if a person had the pr vilege to vote in the County, he should pay his taxes. He recommended to the Board to increase Mr. Laws' staff to do this if needed. Discussion ensued. Mr. Laws was requested to investigate this matter and to make a recommendation to the Board. Mr. Laws referred to the Request for Release of Late Listing. Penalty for Mrs. Julian Ray. Mr. Laws stated that Mrs. Ray contended that her listing was lost in the mail. The Tax Supervisor stated that there was a $25.00 late listing penalty. Mr. Laws recommended that this refund be made. Commissioner Pinney stated that in the past, late listing penalty refunds had been denied. Commissioner Walker moved that the Late Listing Penalty of $25.00 for Mrs. Julian Ray be released. Commissioner Gustaveson seconded the motion. Voting aye on the motion were Commissioners Gustaveson, Whitted, and Walker. Voting nay was Commissioner Pinney. The motion was declared passed. The Tax Supervisor asked the Soard to schedule a date to hear the requests for review of 1976 valuations of H. L. Workman and Mary J. Walker. r~ The Board agreed to hear these two requests on the third Tuesday meeting on October 19, 1976. Late Requests for "Homestead Exemption" for.1976. Mr. Laws presented the names of Mae C. Couch, Grady R. Flowers, Sidney M. Gattis, Myrtie Harrell, Maude M. Watson, Marion Foushee, Paul Snyder, Luther J. Edwards, Ethel Hogan and Arnold J. Himmon. Mr. Laws stated that all of these requests were similar in nature as they thought they had taken the $5,000 Homestead Exemp- tion and through mistake did not do so. He stated that many were not aware they mpst apply for this exemption. The Tax Supervisor stated that many of these people were on a fixed income and he recommended that the Homestead Exemption be granted. Upon motion of Commissioner Gustaveson, it wnas moved tha~.t the late requests for "Homestead Exemption" for 1976 be granted. Commis- sioner Walker seconded the motion. Voting aye on the motion were Commissioners Gustaveson, Whitted, and Walker. Voting nay was Commissioner Pinney. The motion was declared passed. The Chairman referred to Item 4: Youth Service Needs Task Force. A. The Task Farce is recommending four additional persons be added to its membership: These recommendations are Pat Vandiviere, a foster parent, Delores Simpson, a guidance teacher, Braxton Foushee, Carrboro Alderman, and a representative of the Orange County Shex'iff Department. B. That Orange County provide this task force with a $550. budget. The Manager recommends the appropriation of $550. be approved and taken from the overall budget for task forces. Chairman Whitted recognized Wes Hare, Acting Chairman of the task farce. Mr. Hare stated that the budget request of $550. was for various expenses incurred by the task force. He stated that the $300. request would be used to visit facilities in other areas of the State or in other States to research youth programs. He stated that the task force had decided not to apply for the monies available through the closing of the Fountain School since this was a relative small amount of money and required a larger match. The task force has, however, decided to ga after the two million through LEAA which would require a County match of 5 percent. He stated that the task force had rated four categories of priorities of needs which are: 1) emergency care, 2) group home care, 3) commu- nity non-residential care, and 4) specialized foster care. The Chairman stated that Mr. Hare was bringing two requests to the Board. One for four appointments to the Youth Services Needs Task Force. Upon motion of Commissioner Gustaveson, seconded by Commissioner Pinney, it was moved and adopted to appoint Pat Vandiviere, Deloris Simpson, Braxton Foushee, and a representat9.ve of the Orange Caunty Sheriff Department to the Youth Services Needs Task Force. - The Clerk was requested to write the Sheriff's Department for an appointment to the task force. The second request was for approval of a $550. budget. Discussion ensued regarding the budget request. Mr. Hare stated that it could be that the $300. requested for visiting other facilties in the State would not be needed. Commissioner Gustaveson inquired if the site visits.could be left opened and the task force could come back to the Board if funds were needed far this purpose. Commissioner Gustaveson moved to allocate $350. to the Task Force. This motion died for lack of a second. Commissioner Gustaveson moved that the Board allocate $300. to the Youth Services Needs Task Force from the Task Force fund. Commissioner Pinney seconded this mota.on. A11 members of the Board voted aye and the motion was declared passed. The Chairman referred to Item 6: Planning Department Staff Personnel will submit plats that have bean acted upon by that agency during September. The Chairman recognized Chris Edwards from the Planning Staff.. Mr. Edwards stated that the first item was the petition to re- zone request. The petition was to rezone from residential to general commercial a tract of property an the west side of N.C. 86 near Blackwood Station in Chapel Hi11 Township. The Planning Board unani- mously recommends the rezoning be granted. Mr. Edwards stated that around the area was a 22 acre tract which was zoned general commercial and that the area consisted of several mobile home parks. He stated that the Planning Board felt that since the area already had general commercial adjacent to this property, as well as mobile home parks, that the area was no longer rural residential and that this area would be an appropriate place for rezoning. Commissioner Gustaveson asked how the Planning Department viewed this area as a community designation area. Mr. Edwards stated that the Planning Department felt the area was not residential and commercial could be added with no problem. The County Attorney stated, "to re-emphasize what Mr. Edwards is saying, you are deciding whether to zone this property commercial for any commercial venture whatsoever. 1 think it would be wrong for you to decide this on a question of use. Your consideration should be, is this pricce of property, because of the general scheme of development in Orange County, suitable for commercial use and it should be rezoned on that basis. Commissioner Walker moved that this property be rezoned from residential to commercial. The motion died far lack of a second. Further discussion ensued. Commissioner Gustaveson stated that he was unclear about what is best in terms of heavy development in this little community. He stated that he was not sure whether commercial along Hwy. 86 was best in light of the total planning of the area. Commissioner Pinney moved that the rezoning request be approved. Commissioner Walker seconded the motion. Voting aye were Commis- sioner Pinney and Walker. Voting nay were Commissioner Whitted, Gustaveson and Garrett. Commissioner Garrett joined the meeting during the rezoning dis- cussion. The County Attorney was asked to research if another motion was needed stating that the rezoning request be denied. Chris Edwards continued by presenting minoa subdivision final plats. 2. Stanley and Princess Parrish: A one acre lot that accesses on SR 1944 by private road. The Flanning'Bcard unanimously approved this plat. Mr. Edwards stated that access would be by a fi0 foot right of way. A document is being drawn regarding the maintenance of the 60 foot right of way. Upon motion of Commissioner Pinney, seconded by Commissioner Walker, it was moved and approved that the final plat of Stanley and Princess Parrish be approved. 3. Grampian Hills Phase II: Phase II consists of nine lots served by public road. The Planning Board recommends this plat for approval. Mr. Edwards stated that this was a 28 acre tract of land divided into 9 lots and to be served by two roads. He stated that the cul-de-sac had been lined up with the dedicated right of way. The Departmefi.t of Transportation had made recommendation which this plat reflect. r Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted that the plat for Grampian Hi11s Phase II be approved. 4. Northwood Phases 222 and IV: This plat of property, on the west side of NC 86 at its intersection with Eubanks Road, is unanim- ously approved by the Planning Board. Mr. Edwards stated that the preliminary plat fox this was approved in July of 1974 which means that this preliminary plat must be reapproved. This is the first two phases of Northwood. All lots do conform to size. I Commissioner Garrett stated that she had voted against this be- fore because she thought it was possible to get city water. Commissioner Gustaveson moved that this plat to updated. The motion was seconded by Commissioner Walker. Voting aye were Commis- sioner Gustaveson, Pinney, Walker and Whitted. Voting nay was Commis- sioner Garrett. The motion was declared passed. Mr. Edwards presented the final plat for Phase 222 of Northwood. He stated that all lots meet subdivision requirements, roads are to be to state standards, there are no problems with the septic tanks and the area will be served by community water system. Commissioner Pinney moved to approve Phase 222 of Northwood. The motion was seconded by Commissioner Walker. Discussion ensued concerning the soil in the area having moderate limitations. The Chairman called for the vote. Voting aye were Commissioners Gustaveson, Pinney, Whitted and Walker. Voting nay was Commissioner Garrett. The motion was declared passed. Phase IV of Northwood - Mr. Edwards stated that there were two ~ lots which needed to be checked out because the power line took a good portion of the two lots. He stated that a house could still be located on both of these lots. There are no problems with the other lots in Phase IV. Discussion ensued concerning the question of disclosure of the two lots with the power line located on them. Commissioner Walker moved that Phase IV of Northwood final plat ' be approved. The motion was seconded by Commissioner Pinney. Further discussion ensued. Commissioner Gustaveson stated that he felt the plats should show some type of disclosure. The County Attorney stated that buyers and lending institutions would have title work done which would reveal any disclosure on the property. The Chairman called for the vote. Voting aye were Commissioners Gustaveson, Pinney, Whitted and Walker. Voting nay was Commissioner Garrett. The motion was declared passed. 5. Preliminary Plats - Hunters Ridge: A forty-two acre parcel for division into thirty-five lots. All lots will be served by public roads. The Planning Berard unanimously approved this plat. Mr. Edwards referred the aoard to recommendations made by the Chapel Hi11 Planning Department in regard to Hunters Ridge Subdivision. The plat had been changed to reflect these recommendations. Chapel Hill had requested that a 15 foot right of way be dedicated along Parker Road right of way to provide for the expansion of the road width to the thoroughfare standard of 90 feet. Mr. Edwards stated that there was not enough land available to meet this recommendation and that Chapel Hill had said that this would be no problem. (For copy of Chapel Hill's recommendations see Minute file for October 4, 1976.) ~: Mr. Edwards stated that University Service could not serve this area with water because of the height. Discussion ensued regarding the 15~ slope. Mr. Edwards stated that if septic tanks were located in the area where there is l5~ slope, that grading would be done to alleviate the slope problem. Upon motion of Commissioner Pinney, seconded by Commissioner Walker, it was moved and adopted that the preliminary plat of Hunters Ridge be approved. 6. Brookview: This plat proposes division of a twenty-six acre tract most of which is situated within the Chapel Hill zoning juris- ~ diction. The Planning Board unanimously approved the plat on the assumption the development meets standards required by the Chapel Hill Planning Ordinance. Mr. Edwards stated that the plat had been drawn to reflect Chapel Hill's recommendation. He stated that the primary change is in the road which was to be a public road, but that Chapel Hill had changed the construction standards from a public road. He stated that the cross section of the road would be 20 feet instead of 27 feet. This cross section represents a variance from the Town's standards and as a public road, the County would also have to grant a variance from our standards. Mr. Edwards recommended that the County go along with Chapel Hill's re- commendation. Discussion ensued regarding the variance recommended by Chapeh Hill. ' Commissioner' Pinney stated that the road should be built to state standards, both ends of it, and that Chapel Hill should give a variance from its standards so that the state can maintain the road. Mr. Edwards stated that he would check this recommendation with Chapel Hill. Commissioner Pinney moved that this plat be approved. Commissioner Walker seconded the motion. Further discussion ensued regarding the slope of the land and septic tank problems. Mr. Edwards stated an erosion control plan would have to be approved before the final plat is submitted. The Chairman called for the vote on the motion. All members of the Board voted aye and the motion was declared passed. The Chairman referred to the first item listed on the plats, the Rezoning request. The County Attorney suggested that another motion be made stating that the rezoning request be denied because it is not consistant with the Orange County Zoning Plan. Commissioner Gustaveson moved that the rezoning request to rezone from residential to general, commercial property on the west side of Hwy. 86 be denied because it is not consistant with the Orange County Zoning Plan. Commissioner Garrett seconded the motion. Voting aye were Commissioners Garrett, Gustaveson and Whitted. Voting nay were Commissioners Pinney and Walker. The motion was declared passed. The Board reconvened from lunch and Chairman Whitted referred to Item 14: The Efland Fire Departmeh.h will present a Resolution to be rated for the Board's consideration. Bobby Efland of the Efland Fire Department presented to the ,Board an Application for Qualification as a Fire Department. Upon motion of Commissioner Pinney, seconded by Commissioner Walker, it was moved and adopted that the Application for Qualification as a Fire Department Under the Provisions of a Resolution Adopted by the Board of Commissioners of Orange County be approved. (Far copy of Application see next .page) .", ;, ApI'LICATION FOR QUALIFICATION OF A FIRE DEPARTMENT UNDER THE PROVISIONS OF A RESOLUTIDN ADOPTED BY THE BOARD OF COUNTX COM_~SISSIONERS OF Orange. _ COUNTY • ~. Application-if..hereby made by.-the-- Eland _ Fire Department for --. qualification under .the provisions of .a Resolution adopted by the Board of. County _.- -----Commas5ioners_of~...--:- Dr .~_..._-._ auri .. ;__-4ta-~ctober_~- _ _--. -- ~.-~-9 -~-- Tie-same:. - -_. ---- -being a Resolutx+iit-.Providing for the Qualification of •Fire Departments and Establish- - - merit of a County- fire Commission. ---------~- - - The Efland Fire Department hereby agrees to provide fire protection in the _West Orange _ Fire District and furthermore agrees to meet all the standards and comply with all the provisions set forth in the aforesaid Resolution as consideration far qualification herein applied for, In Witness Whereof the Efland Volunteer Fire Department, pursuant to a Resolution adopted by its Board of Directors or Governing Body on Se te~mber 30,,.1976 has caused this application to be duly executed in its name by the undersigned officers. Eflaxid Fire De artment FIRE DEPARTMENT ATTEST: BX: Secretary-Treasurer (President) (Fire Chief) October k, 1976 (Date) In accordance with the provisions of Section 3 of the aforesaid Resolution, the . Qranoe Co•.~ty Fire Commission has inspected the Efland Fire Department, its equipment, persoanel, organization, and method of operation, and hereby certifies that the said department does {demos-net) meet the minimum standards of the Resolution. Oran a Gounty F(/C/ Coon BY : ~ /Y(~ (Fire Commissioner) October 4, 1976 (Date) Tlie Board of Commissioners of Oran a County, in accordance with the ...provisions of the aforesaid Resolution and on the basis of the foregoing report of the Orange, ~ County Fire Commission, hereby approves the application of the West Oran a Fire Department for qualification. ATTEST:' ~ -- (Acting Cleric to the Board) BOARD OF COUNTY COI~fISSxONERS OF ORANGE COUNTY ~ ` BY ~~ a 't---~.~ (Chairman of the Board) n ::~ ; The Chairman to the Board and the Fire Commissioner were authorized to sign the application. Mr. Whitted stated that the Board should continue with the plats to be presented by Chris Edwards. Mr. Edwards referred the Board to the Sketch Plan for Tumble Run. He stated that Tumble Run Subdivision was dividdd into three tracts of seven acres, fifty acres, and a six acre tract. He presented to the Board a second sketch plan. He stated that the Planning Board had re- viewed the sketch plan and had recommended that the roads be properly built to state standards, which would probably take out some of the roads. The Planning Berard also recommended that some of the lots be combined to make larger lots near the f7,ow channel. He stated that Tumble Run had been referred to Carrboro, Chapel Hill, Triangle J, and University Service for recommendations. Carrboro found proposal #2 more acceptable, which required that the roads be paved and were concerned about the 15~ slope. Chapel Hill recommended a buffer zone along the lake frontage and that development along creeks and the lake be on minimum 5 acre lots. They also recommended that lots B-1 and B-2 be combined into one lot since some of the worst soil conditions exist in this area. Chapel Hill also recommended that the water quality of the streams be monitored before, during and after development. Everette Billingsley also recom- mended this. Triangle J spoke of the septic tanks and filter fields. That the septic tanks be periodically inspected. They also were concerned that Lots B-1 and B-2 be increased in depth by relocating the abutting streets. Mr. Edwards stated that the Planning Board favored Chapel Hill's recommendation regarding lots B-1 and B-2. Discussion ensued between the Board and Mr. Edwards. Commissioner Gustaveson stated that he was impressed with the work to put a proposal into the framework of amendments that had not been passed. Mr. Edwards was asked to work with Triangle J to see if their recommendations could be followed through. The Board agreed that the soil survey should be looked at and an in-depth study of each lot. Mr. Gustaveson asked that Mr. Edwards inquire about the 200 feet buffer zone as opposed to the 100 feet buffer zone. Chairman Whitted referred to Item 20 on the agenda: The Executive Committee of the Emergency Medical Service recommends the Orange County Board of Commissioner apply to the Governors Highway Safety Committee, on behalf of the Orange County Rescue Squad, for a grant of $10,000 to acquire an ambulance. Local match of $1p,000 must be appropriated at the time this application is filed. Chairman Whitted recognized Bill Heriford, Dick Beauchaine and Benny Cecil from the Emergency Medical Service. Mr. Cecil stated that the new unit would be equipped with a telementry. The vehicle would be stationed in Hillsborough and wouJ,d be similar to the vehicle that Hillsborough now has. ~ Discussion ensued between the Board and representatives from Emergency Medical Service. Commissioner Gustaveson questioned if the Emergency P4edical Service had taken a look at all the Rescue Squads in the County to see if Hillsborough should have first priority for the vehicle. Mr. Beauchaine replied that Hillsborough met all the criteria for the ambulance. Upon motion of Commissioner Flalker, seconded by Commissioner Gustavesion, it was moved and adopted that the County make applica- tion to the Governors Highway Safety Committee for a grant of $10,000 to acquire an ambulance and that these funds shall come from the Contin- gency Fund. (For copy of Resolution see next page.) - .~' - (i: _~;xt_ .. . _ rte: :svt;y'°srr~s'~y^~'-~._-.~.~n...._.r, _..._~........... `; achmcnt 1- Pxu~wond Eu~ildiny `~ 1001 tlavaho Ori.ve tdOt]F;L I.pCAL GOVI;Ritt4li:d'il1L RFiSOLUTXOts f:allcicjl~, Horth Carolina 27G09 , _ ttl.A5, thn Cnunty of Orange herein called the "ti~i>licant" his (Cgverning ]sody of Unit of Governmcnt)•• ornu~7Ftly cnnsiclcrcd the nxo`alcm addressed in the application entitled Orange County P.ascue uad ?,nbulan.ca Vehicle and has reviewed the project describnd in t:'ie application; and I: ~1ttC:4:.C:A5, under the teres of Public Law $9-554 as amended, tfie United States of Amarica s authoriizcd the Departmwnt of Transportation, through the tv'orth Carolina Cnverncr's Eliyh- ,. iy. Safety Progracn to riake federal grants to assist local 'governments in the i.mpXOVement of _.g)iway safety, . [3O:~T qq,;i+RE;FO[:E 33E ZT RE:SOLVED BY TEIE Orange Gounty Cotrtaissioners (Governing Hody of Unit of Government) ~ OYE:\ tlt::1::TYS~G ASSL:bIBL~~O IN TEIE CIT7f OF Hillsborough ~ KORTEt CAROLIt=~. .t"CS~ DAY OF , 197, AS FDLLO:•7S: 1. That the project referenced above is in the best interest of the Applicant and the aeneral public. 2- ;. 3. 4. S. That Sam M. Gattis, County Manager be authorized to file, in behalf of the (iaame and .Title of Fcepresentative) - - " P;~rlicant, ar_ application in the form prescribed by the Governor's Highway safety Program r`or federal funding ir. the amount of 1 000.00 to be made to . ~ (federal dollar reeuest) the Applicant to assist in defraying the cost of the project described in the application. _ That the Applicant has formally appropriates. the cash contribution of :~- - S' '. as squired by the project. • (local cash appropriation) That the Project Director designated in the application form shall furnish ax make arrangem?nts for other appropriate persons to furnish such information, data, documents and reports pertaining to the project. if approved, as may be required by the Governor's Highway Safety program. _ That certified copies of this resolution be included as pant of the application referenced above. fi. inat this zesolution shall take effect immediately upon its adaption_ _._--._... ..:--~_:_-..-_.~.,:~~_~.--- :-- _ - .._ _ .-"b~~SoYa Gamete ~ _ .__~_. -•. . ~qNE-ELdD..ORDERr.D-._in_.open~.f?t~~i±?5-~_=-_ _..~_....__~. - ~__...._.,~_.--=--~=- -- ---._ ... .._~- --. .. _.... - _ .`C'hairman/~1ttfX'_._. Coi~.liissianer/~;.r„~Q~3„~[~~ offered the .foregoing resoluti.an a~~~' r.: :d its adoption, which was secancled by Commissianer/~.' a wa. duly ados~ted_ ;>.7 tr:: S~ ;a 1 i:i". -..... i ,Y ~ i ~ Clet•{: • The Chairman zeferred to Item 7-E: Appointments E. Two vacancies exist on the Regional EMS Council, the terms of Fred Parker and Tommy Gardner having expired. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adapted that Fred Parker and Tommy Gardner be reappointed to the Regional EMS Council. A. Ms. Gerri Soldi has resigned from the Commission on the Status of Women. Chairman Aarrett nominates P?s. Denise Leary of Hillsborough to replace Ms. Soldi. Upon motion of Commissioner Gustaveson, seconded by commissioner Pinney, it was moved and adopted that Denise Leary be appointed as a member of the Commission on the Status of Wor_men. B. _Ms. Marilyn Riddle has resigned as Chairman of the Community Development Task Force. Commissioner Gustaveson has appointed Ms. Riddle to this task force and will recommend a replacement at a later time. C. One vacancy exists on the Orange County Board of Adjustment. Discussion ensued concerning whether ox not the alternate members to the Board of Adjustment would be willing to serve in this vacancy. Upon motion of Commissioner C,ustaveson, seconded by Commissioner Pinney, it was moved and adopted that Mary Whitted be appointed as a full member of the Orange County Board of Adjustment. Commissioner Whitted abstained from voting on this motion. D. Two Trustees of the Eno Fire Districts Firemens Relief Fund should be named. The Eno Fire District suggests P7. $. E;arp and Sohn Scarlett. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted that W. B. Earn and John Scarlett be named as trustees of the Eno Fire Districts Firemens Relief Fund. The Board discussed Item $ on the agenda: The County Attorney will respond to the question "Can the County make a monitory contri- bution to the Orange County Medical Foundation?" A. B. Coleman, Jr., County Attorney, stated that in his opinion and from research, the County could not make a gift or contribution to the Medical Foundation. The County could enter into a contract with the Foundation if desired. He stated that the Medical Founda- tion is private and people are there not to serve the public, but for a fee for service. He stated that the case laws says that public funds cannot be given for private purposes unless those funds are accounted for to the contributing agency of government and that the funds are used for public purposes. Commissioner Walker stated that this was a non-profit Foundation which was asking for a donation. The Foundation itself is not the clinic. ~ The County Attorney stated that monies that would be given to this Foundation would be for the benefit of private physicians. Discussion ensued regarding the Board's recent decision to contri- bute to the Chapel Hill-Carrboro PR.eals on t•m.eels program. Commissioner Walker moved that the Board withhold dispersing funds for the Meals on Wheels Program until the County Attorney has an anpor- tunity to investigate the legality of the contribution. Commissioner Garrett request that the motion be amended to include the legality of the Board purchasing memberships with the Chanel Hill- Carrboro and Hillsborough Chamber of Commerce. Mr. Walker agreed to amend his motion. Mrs. Garrett seconded Mr. t9alker's motion. 7~~ The Chairman called for the vote and all members of the Board voted aye. The motion was declared passed. Chairman Garrett was requested to write a letter to the Medical Foundation informing them of the Board's decision. Mr. Whitted referred to Ttem 9: The Planning Director will re- view the proposed private road standards developed by his department. Irvin Dobson, Planning Director, stated that Chris Edwards would review the road standards with~•.the Board. Mr. Edwards stated that the Planning Board has approved the Con- struction Standards for Private Roads with a recommended change that under Class C Roads, be added,"right of ways may be reduced to 30 feet provided that the Planning Board and the County Commissioners fund that further subdivision is impossible due to inadequate lot size as pre- scribed by the OrangerGounty Zoning Ordinance." Discussion ensued. Mr. Edwards stated that these standards would be explained to developers as well as other information regarding private roads. Upon motion of Commissioner Gustaveson, seconded by Commissioner Pinney, it was moved and adopted that the Minimum Construction Stan- dards for Private Roads in Orange County with the recommended change be approved. The Chairman referred to Item 12: Does the Board of Commissioners wish the Planning Staff to prepare a Community Development Grant Appli- cation for 1977? Discussion ensued as to whether or not it would be worth the effort to apply for Community Development funds for 1977. Upon motion of commissioner Walker, seconded by Commissioner - Garrett, it was moved and adopted that the Planning Staff reconvene with the Community Development Task Force and bring recommendations _ to the Commissioners regarding the Community Development Grant Appli- cation for 1977. Item 17: Does the Beard of Commissioners wish to set a time to continue the County tour with members of the Planning Board. The Board scheduled October 21, 1976, at 1:00 p.m., as the time to continue the tour. Other dates scheduled were October 5, 1976, to discuss water resources and an Animal Control Ordinance, October 14, 1976, the RC&D Diner, Octobez 18, 1976, Commissioner's Day at the State Fair, October 19, the regular Tuesday's night meeting. The Board agreed to set a date for a work session at the regular third Tuesday's night meeting, to discuss goals and priorities. A date to discuss the proposed Zoning Amendments is to be scheduled later. Mr. Whitted referred to Item 19: Discussion of the proposed Public Works Act. Mr. Gattis stated that the application regarding the Public Works Act was long and involved and would take a good amount 6f time. He stated that Triangle J felt the chances of receiving any funds were unfavorable. The Board decided to discuss this at a later time. Commissioner Pinney stated that he had one item for discussion -- concerning funds to educate the public regarding the upcoming School Band Election. Discussion ensued. The Board agreed that progress should be made since the election is to be November 2, 1976. Commissioner Pinney moved that $2,500. be appropriated from the Contingency Fund for the purpose of providing educational information for the School Bond Referendum to be held November 2, 1976. The motion was seconded by Commissioner Gustaveson. The Chairman called for the vote and all members of the Board voted aye. The motion was declared passed. ~, , The County Attorney stated that he would investigate the matter of contributing monies to educate the public regarding the School Bond Referendum. The meeting was then adjourned. _ ~\~ Flora R. Garrett, Chairman Agatha Johnson, Acting Clerk MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS OCTOBER 5, 1976 The Orange County Board of Commissioners met in special session on Tuesday, October 5, 1976, at 7:30 p.m., in the Commissioners' Room of the Courthouse in Hillsborough. Commissioners present were Chairman Flora Garrett, Commissioners Norman Gustaveson, Jan Pinney, Richard Whitted, and Norman Walker. .Others present were S. M. Gattis, County Manager, Neal Evans, Finance Director, Jeffrey Gledhill, County Attorney, and Agatha Johnson, Acting Clerk. Chairman Garrett opened the meeting by stating that the meeting had been called to discuss water resources in Orange County and the County's role and involvement in developing water resources. She stated that the Board had, prior to this meeting, asked the County Attorney to give the Board a legal opinion regarding funding of educational data regarding the upcoming School Bond Election and the Board.would hear from him at this time. Mr. Gledhill stated that from research he had discovered that there is no State or Case Law in North Carolina governing this ques- tion of whether or not the County could contribute funds to a group appointed by the County to publicize or educate the public concerning the bond issue. Mr. Gledhill sited a case in New Jersey in which the Court stated that it is a valid expenditure of funds to educate the voters so that they might cast an intelligent ballot. Based on this New Jersey case, it is his opinion that the County could donate funds for this purpose. He stated that there were no restrictions on the means used to publi- cize this information as long as this information is not promoting a viewpoint. He recommended that line by line or item .by item of the data published be reviewed to make sure no promoting is involved. Discussion ensued concerning describing the :need. The County Attorney stated that you could point out the need within the system and how that need could be satified. Commissioner Pinney stated that as. soon as a copy of the forms were put together, they could be reviewed by the County Attorney to be sure they were educational and not promotional. The Board agreed to discuss a proposed Animal Ordinance for Orange County. Commissioner Pinney stated that he would like the Board to talk about a dog ordinance which would allow the Dog Warden to pick up stray dogs. He stated the Ordinance should be researched with the County Attorney, the bog Warden and the County Manager. Discussion ensued regarding the proper method of formulating an ordinance.