HomeMy WebLinkAboutMinutes - 19761206~+
MINUTES
ORANGE COUNTY BOA12D OF COMMISSIONERS
DECEMBER 6, 1976
The Orange County Board of Commissioners met in regulax session on
Monday, December 6, 1976, at 10:00 a.m. The group assembled in front
of the Old Hillsborough Courthouse for a formal presentation of the
official flag of Orange County.
Mrs. Roberta Andrews, Chairperson of the Orange County Bicentennial
Gommissicn, spoke briefly and recognized Mrs. Clarence Jones who had
•- provided the County with research regarding the "Coat of Arms of the
House of Orange," which was used in the design of the flag. Mrs. Jones
presented the .flag to the Chairman of the Orange County Board of Commis-
sioners, Mrs. Flora Garrett. Mrs. Garrett, with the aid of Eddie Bowland,
of the Recreation Department, hoisted the flag into position.
Y .
Mrs. Andrews expressed appreciation to Mrs. Wayne Weston, who had
• made the flag.
The Commissioners. then convened to the Commissioners Room of the
Courthouse.
Commissioners present were Chairman Flora Garrett, Commissioners
Norman Gustaveson, Jan Pinney, Norman Walker and Richard Whitted.
Others present were S. M. Gattis, County Manager, Neal Evans,
Finance Director, A. B. Coleman, Jr., Steve Bernholz, and Jeffrey
Gledhill, County Attorneys, and Betty June Hayes, Clerk to the Board.
Chairman Garrett stated that the first order of business would
be the approval of the minutes.
She referred to the minutes of Novembex 9th and a correction was
pointed out.
Upon motion of Commissioner Pinney, seconded by Commissioner
Whitted, it was moved and adopted that the minutes of November 9, 1976,
be approved.
The Board reviewed the minutes of November 16th and ooxrections
were pointed out.
Upon motion of Commissioner Whitted, seconded by Commissioner
Pinney, it was moved and adopted that the minutes of November 16,
1976, be approved.
-.'. The minutes of November 29, 1976,. were reviewed and one change was
indicated.
Upon motion of Commissioner Pinney, seconded by Commissioner
Whitted, it was moved and adopted that the minutes of November 29, 1976,
be approved.
Vice-Chairman Whitted introduced Item 3: A resolution of commenda-
tion for retiring Chairman Flora R. Garrett. Mr. Whitted read the
resolution to Mrs. Garrett and to those present.
(For Copy of Resolution of Commendation for Flora Garrett, see
page 16 of this book.)
Chairman Garrett expressed her appreciation to the Board, the
employees of the County, and to those present.
The Chairman recognized Commissioner Gustaveson, who yielded to
Ms. Beverly xawalec, President of the League of Women. Voters. Ms
Kawalec read a resolution of appreciation to Flora Garnett.
(For copy of the Resolution of Appreciation for Flora Garrett,
see page 15 o'f this book.) ,
Mrs. Garrett stated that it had been her pleasure to serve the
citizens of~Orange County.
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The next item of business was Item 4: Commissioners Richard Whitted
and Donald Willhoit, elected in November, will be administered the Oath
of Office by Mr. Frank Frederick, Clerk of Superior Court.
(For copy of Oath administered to Richard Whitted and Donald Willhoit,
see Oath Book Number 2, in the Clerk of Superior Court's Office.)
The County Manager stated that the next appropriate order of business
should be the election of a Chairman and a Vice -Chairman.
The Clerk to the Hoard distributed ballots to members of the Board.
Following the vote, the Clerk announced that Commissioner Richard
whitted had been elected Chairman of the Orange County Board of Commis-
sioners. --
Chairman Whitted stated that the Board should next elect a Vice-
Chairman. Following the reading of the ballots, the Glerk announced that
Commissioner Norman Gustaveson had bean elected Vice-Chairman.
Chairman Whitted stated that the next item for discussion was Item A-1'
He stated that on the first Monday in December of each year, the Bcard of
Commissioners made faux appointments. Item A-1: Clerk to the Board.
~Ir. Whitted stated that all members of the Board had received a
lettex from Betty Tune Hayes, requesting that she not be reappointed as
Clerk. Mr. Whitted expressed the appreciation of the Commissioners to
Ms. Hayes for her service to the Hoard over the past years.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Pinney, it was moved and adopted that Agatha Johnson be appointed as
Clerk tv the Board.
A-2: The appointment of County Attorney.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Willhot, it was moved and adopted that the firm of Winston-Coleman -'
and Bernholz be retained as the County Attorneys.
A-3: The appointment of County Finance Director.
Upon motion of Commissioner Pinney, seconded by Commissioner
Gustaveson, it was moved and adopted that Neal Evans be appointed
County Finance Director.
A-4: The appointment of County Manager.
Upon motion of Commissioner Pinney, seconded by Commissioner
Gustaveson, it was moved and adopted that S. M. Gattis be appointed
as County Manager.
Chairman Whitted stated that if there were persons present in the
audience having business to tranact with the Board of Commissioners and
whose names do not appear on the agenda, they should make their presence
known. No one came forth.
Chairman Whitted asked that discussion concerning the architect and
the feasibility study be added to the agenda. This discussion will be
Item 19.
Chairman Whitted referred to Item 14: The Tax Supervisor has
assessed those persons shown on the attached list fvr personal property
taxes as they have failed to list for the current, and sometimes prior
years. Those persons have the right to appeal their assessment .to the
Board of Commissioners.
(For names of persons listed, see Minute file dated December 6,
1976) .
The Chairman asked if there were persons present who wished to appeal
their assessment. No one came forth. The Board agreed to leave this
item open until later in the day.
The County Attorney, Jeffrey Gledhill, stated that he had an addi-
tional item for the Board to consider whcih was the canceling of the
security on tne.Falls of New Hope Road construction. He stated that
the read had been constructed to State Standards and the County should
release the security on the road.
Upon motion of Commissioner Pinney, seconded by Commissioner
Walker, it was moved and adopted that Joe T. Matthews, the developer
of the Falls of New Hope, be released from the bond and that the Deed
of Trust and Note be canceled.
The County Manager brought to the Board's attention Item 7: A
Public Hearing has been set for 12:00 Noon, today to consider the
resolution to close that portion of Cedar Creek Drive situated within
Orange County, that was adopted by this Board on November ]., 1976.
Mr. Gattis stated that William Winders, Attorney for the Petitioners,
• had requested that the petition be withdrawn, and the the public hearing
be canceled due tc some problem which had occurred in Durham County.
Chairman Whitted asked that an additional item be added to the
agenda which dealt with appointments to the various committees on which
Mrs. Garrett had served.
Mr. Whitted referred to Item 6-B: The term of Marion Alexander on
the Chapel Hill Board of Adjustment expires June 30, 1976. The Clerk
was instructed to write the Chapel Hill Board of Adjustment and request
recommendations to appoint to this vacancy.
6-C: The Commissioners should name one consumer representative to
the Durham-Orange Manpower Training Council. The appointment was post-
poned until the Tuesday night meeting.
6-D: The Orange County Board of Commissioners should designate
someone to serve as their representative on the Durham-Orange Manpower
Council. (The Manager recommends a Board Member serve in this posi-
tion as the Mayor of Hillsborough, the Mayor of Durham and the Chairman
of the Board of Commissioners of Durham County are presently serving
on this Council.
The Board agreed to wait until the Board had their discussion
concerning appointments to make this designation.
6=E: Two vacancies, created through the resignations of Mr.
Norris Ray and Mr. Donald Willhoit, exist on the Carrboro Planning
Board.
Commissioner Willhoit stated that he would like to recommend that
5herry Wogen and Terry Middleswarth be appointed to these vacancies.
Upon motion of Commissioner Willhoit, seconded by Commissioner
Pinney, it was moved and adopted that 5herry Wogen and Terry
Middleswarth be appointed to the Carrboro Planning Board.
6-F: The position of first alternate an the Orange County Board
of Adjustment is vacant as Ms. Mary Whitted has been named as a full
member to that Board.
This appointment was deferred until a recommendation was available.
6-G: One person should be named to the Hillsborough Planning
Board to fill the unexpired term of Dr. Irwin Brody. The town has
submitted names of three possible nominees: Mr. Wilson Cole, Ms.
Izis Cates and Mr. Murphy Barnes.
Commissioner Walker moved that Murphy Barnes be named to the
Hillsborough Planning Board. Commissioner Pinney seconded the motion.
The Chairman called for the vote and all members of the Board
voted aye. The motion was declared passed.
G-H: The term of Ms. Evelyn Murdock on the area Board of Mental
Health will expire on December 31, 1976. Ms. Murdock does not desire
reappointment. This item was far information only. Appointment to
this vacancy was deferred until the first Monday in January.
Chairman Whitted continued with Item 8: The Planning Director
will deliver a tentative report reviewing some of the issues involved
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in extension of State Road #1722, Bumpass Road. Their final recommenda-
tion is not ready at this time.
Ervin Dobson, the Planning Director, presented a preliminary
report of SR #1722. He stated that approximately one and one-half
miles of SR #1722 had been paved, however, it was the judgemtn of the
Planning Director that unless some written document could be pxoduced
which committed the State to paving the remainder of the road, other
means of paving the road would have to be considered. He stated that
he would like to discuss this road and area with the Planning Board
to consider various traffic pattern a.
Chairman Whitted referred to Item 9: Commissioner Pinney will
make some recommendations concerning the facilities study prepared
by Mr. Nassif giving particular attention to: -_
A. Space for District Courtroom
B. Space for the Council on Aging
C. Community Concerns about overall use of County property
Commissioner Pinney requested that this item be delayed until
after the Board had talked with the County Attorney.
Chairman Whitted stated that Item 19: Discussion concerning
the architect and the facility study should be delayed until after
discussion with the County Attorney which should be done in executive
session. The Board agreed that immediately after lunch, there would
be an executive session and following the executive session, the
Board would discuss Item 9 and Item 19.
Commissioner Walker requested that the Board consider Item 15,
his report of the result of discussion with Mayor Cates concexning
rent of Town property for the Council on Aging use.
Commissioner Walker stated that the property the County is
attempting to rent is in a state of "limbo" as to whether ox not the
property can be rented. Commissioner Walker stated that Mayor Cates
had indicated to him that he would be willing to lower the rent.
Mayor Cates spoke to Commissioner Walker's comments. He stated
that Mr. Walker had misunderstood him. That the Town Board had
agreed to allow the Council on Aging's Nutrition Program to use the
barn. The Board had also agreed to rent space to the Council on
Aging for Administrative Offices at a cost of $150. per month. He
stated that it had been discovered that the title to the property
is restricted for municipal purposes only and for municipal office
space only. He added that the Town Attorney was attempting to cleax
this matter this week.
Mayor Cates invited the Board members to meet with members of
Robert Morgan's staff on Wednesday, December 8, 197fi, from 3:00 p.m.
to 4:00 p.m., at the Town Hall.
Chairman Whitted referred to Item 10: Commissioner Whitted
requests the Board.of Commissioners review a letter received from
P. A. Saitta and consider his request concerning use of Lake Orange
for waterfowl hunting. The Chairman stated that Mr. Saitta had per-
mission from Mr. Van Kenyon, who owns property. adjacent to the lake,
to hunt. However, he had been denied permission to use the area by
the Lake Orange, Incorporated. Mr. Saitta is of the opinion that he
can use Lake Orange for hunting purposes, following discussion with _
his attorney. Mr. Saitta, for the record's sake, is requesting the
the County Commissioners to consider his request.
Discussion ensued. Commissioner Gustaveson stated that he was
concerned about an area which is used for recreation, also being used
for hunting purposes. His other concern was in terms of the issue
raised that this is a County created water body.
Commissioner Willhoit recommended that the Board grant permission
to Mr. Saitta until such time as the Board reviews the proposed Fire-
arms Ordinance.
Commissioner Walker stated that he felt this Board had no juris-
diction as to what happens on the private property which surrounds the
lake.
A. B. Coleman, Jr., County Attorney, stated that he had briefly
researched this matter for Mr. Saitta. Mr. Coleman explained to the
Board the description of the land as set forth in the Deed to Orange
County. He stated that Mr. Saitta wanted to know if Lake Orange Incor-
porated and its Directors could prevent him from hunting on the lake
itself, given the fact that he had permission from private land owners.
Mr. Coleman stated that his answer was inconclusive because of the
General Statute that states "nothi.ng shall prevent prople from access
to navigable waters." He stated that he had not research as to whether
or not this water is a navigable waterway. The other question was that
permission must be granted from the owner and the County is the owner.
Further discussion ensued. The County Attorney stated that the
Deed has restrictions set out with respect to use of the land and the
easement thereabout.
Commissioner Gustaveson stated that he felt the deed to the lake
and the restrictive covenants contained therein should be researched to
see if these restrictions raise legal problems.
Commissioner Willhoit raised the question as whether phis situation
would not be similar to hunting from a road side or a road right of way.
Commissioner Gustaveson moved that the County Attorney look further
into this issue and report back to the Board his findings. The motion
was seconded by Commissioner Willhoit.
Discussion ensued as to whether Mr. Coleman could represent Mr.
Saitta and the County, simultaneously. Mr. Coleman stated that if
the County employed him to research this matter, he would no longer
represent Mr. Saitta.
Commissioner Walker stated that he did not see the need of this
research. Commissioner Whitted stated that the purpose of the research
was to discover if the covenants were in conflict with the law.
Chairman Whitted called far a vote on the motion of Commissioner
Gustaveson. Voting aye were Commissioners Gustaveson, Pinney, Whitted,
' and Willhoit. Voting nay was Commissioner Walker. The motion was
declared passed.
The Chairman referred to Item 11: The Manager recommends the bids
for courtroom furniture indicated in Attachment B be accepted and the
Chairman authorized to sign agreements for purchase of this furniture.
(For copy of Bids for courtroom furniture, see page 17 of this
book.)
Upon motion of Commissioner Pinney, seconded by Commissioner
Gustaveson, it was moved and adopted to accept the County Manager's
recommendation for the purchase of the Courtroom Furniture.
Chairman Whitted referred to Item 12: Commissioner Gustaveson will
deliver recommendations of the Intergovernmental Task Force concerning
a Comprehensive County-wide Planning Council.
Mr. Gustaveson reviewed the background of the Subcommittee on
Planning which he stated went back to the Growth Options Conference and
the County's meeting last year with the Chapel Hill Town Board, where
the two Boards discussed mutual planning problems. He proceeded to review
the proposal with the Board. He stated that a County-wide Planning
Council would incorporate all of the various planning jurisdictions into
one comprehensive planning body that would transcent the particular
administrated body and would be of interest for each of the planning
jurisdictions. This report is being presented to the Chapel Hill and
Carrboro Boards of Altermen for consideration and action and is now
being presented to this Board for adoption and action.
Commissioner Gustaveson moved that the Board adopt this report and
that one member of this Board and the County Attorney be authorized to
meet with the other two governing units and begin to draw up a mutual
and satisfactorily ordinance to implement the report.
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The motion was seconded by Commissioner Willhoit.
Discussion ensued. Commissioner Pinney stated that he had not had
an opportunity to review the report and asked that the matter be tabled
until the third Tuesday night's meeting. Commissioner Walker seconded
Commissioner Pinney's request.
Commissioner Gustaveson stated that he felt it was important to pro-
ceed with implementing this report as soon as possible, however, he
agreed to table the matter until the third Tuesday in December.
The Chairman called for a vote on Commissioner Pinney's motion to
table. All members of the Board voted aye and the motion was declared -
passed. i
Chairman Whitted referred to Item 13: The Manager will present
cost estim~.tes.for construction of Seven Mile Creek Reservoir prepared
by the Engineering firm, Rose, Pridgen and Freemon.
The County Manager stated that the cost estimates shown on the
attachment were for the Board's information. He added that .these esti-
mates were for construction of the project with anticipated construction
to begin the summer of 1978. These estimates do not include the purchase
of any land.
Chairman Whitted stated that this information was for the Board's
use and these figures would be good until the summer of 1978.
Mr. Whitted referred again to Item 14: Concerning the list of names
of persons who have failed to list their personal property taxes for this
and prior years. He asked if anyone was present to appeal this assessment.
No one came forth.
The Chairman referred to Item 16: Does the Board of Commissioners
desire to meet with the County Planning Board and Planning Staff to re-
view priorities and time schedules?
Discussion ensued concerning the urgency to meet with the Planning
Staff and Boad to review where the Board and Planning Staff stand on _.
their planning objectives. The meeting was scheduled for Tuesday,
December 14, 1976, at 7:30 p.m., in the Commissioners' Room of the Court-
house. The Planning Director was requested to inform the Planning Staff
and Planning Board of the meeting.
Chairman Whitted stated that he hoped the Board would be prepared by
the third Tuesday in December to appoint additional members to the County
Planning Board.
The next item for discussion was Item 17: Does the Board of Commis-
sioners desire to take action on the letter submitted by the New Hanover
Citizens For Decency through Law?
The Board took no action on this matter and asked that the letter be
placed in file.
The County Manager requested that the Board formally approve the
Christmas Holidays which are Friday, December 24, 1976, and Monday,
December 27, 1976. ~
Upon motion of Commissioner Pinney, seconded by Commissioner
Gustaveson, it was moved and adopted that Friday, December 24, 1976,
and Monday, December 27, 1976, official be named Christmas Holdays for
1976.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Pinney, it was moved and adopted that the Board adjourn to Executive
Session to consider litigation.
The Board reconvened from Executive Session and the Chairman stated
that the County Attorney was preparing Resolutions to be read to those
present concerning the Executive Session the Board had just completed.
Mr. Whitted directed the Board's attention to Item 9: Commissioner
Pinney will make some recommendations concerning the facilities Study
prepared by Mr. Massif giving particular attention to:
A. Space for a District Courtroom
B. Space for the Council on Aging
C. Community Concerns about overall use of County property
Commissioner Pinney asked that Item A and C be eliminated. He
stated that his proposal was to move the Council on Aging.into the
Veteran Service Office; move the Veteran Service Office to the second
floor of the Social Services Building. He stated this would save the
County $1,800 a year and all buildings would be in the County facility,
and on the County telephone line.
_ Discussion ensued. Chairman Whitted stated that Dr. Martin was not
happy with this proposal. Tam Ward, Social Services Director, stated
that his Department needed all the space that is available. ~.He stated
further that there would be a problem with the arranging of offices
and there would be the question of accessability of the upstairs office
to disabled clients.
Commissioner Pinney stated that this problem could be worked out.
Commissioner Walker stated that he felt there was no other alter-
' native.
commissioner Gustaveson stated that one option was to wait until
Hillsborough had cleared their title and that he would like to wait
to hear from Dr. Martin.
Commissioner Whitted stated that he £elt having the Council on
Aging and the Nutrition program together in the Town Hall had merit.
Commissioner Gustaveson recommended to the Board that this matter
be postponed until the Board heard from Dr. Martin and until the Town
of Hillsborough had an opportunity to clear its title.
The Board asked the County Manager to inform the Agriculture
Agencies of the Board's action and to assure them that this matter is
still under consideration.
This item was deferred until the third Tuesday in December.
The Chairman referred again to Item 14: List of names of persons
who have failed to list their personal property taxes for this and
prior years.
The Chairman recognized Bi11 Laws, Tax Supervisor, who stated that
Mr. Paul William Gabrielson was present to appeal the evaluation of his
taxes of personal property. The Tax Supervisor informed the Board that
Mr. Gabrielson has been asses~d in the amount of $2,095. Mr. Gabrielson
stated that he felt he did not own property which amounted to $1,000,
and that he felt $500. would be a fair assessment.
Discussion ensued. The Tax Supervisor stated that when citizens
did not list their taxes, the Tax Department must assume certain evalua-
tions. The County Manager stated that the Tax Department was usually
generous in their assessment of personal property.
M. Gabrielson was advised that he would be notified within the
next two weeks of the Board's decision regarding his appeal.
The next item was Minor Subdivision Plats.
The Chairman recognized Chris Edwards of the Planning Staff.
A. Carol Oldham - This plat depicts a tract of 8.77 acres to be
cut from a larger parcel of 42 acrs. The property is located in Chapel
Hill Township off SR #1005. The Planning Board feels a private Class C
road adequate to serve the newly created tract.
Mr. Edwards explained that one problem was a power line right of
way. The Power Company has agreed to work out this problem with the
property owners.
Upon motion of Commissioner Pinney, seconded by Commissioner Walker,
it was moved and adopted that the plat of Carol Oldham be approved. Mr.
Edwards added that a letter of credit concerning the construction of the
road would be required.
B. Jack D. Manley - This plat depicts a 2.44 acre tract to be cut
from a parcel of 5 acres. The property is situated in Eno Township and
both parcels will front an SR #1712.
Upon motion of Commissioner Pinney, seconded by Commissioner Walker;
it was moved and adopted that the plat of Jack D. Manley be approved.
C. Betty Jean Patterson - This plat divides a 2.1 acre parcel into _
two equal parts both fronting on SR #1719. This land is located in Chapel
Hill Township.
Upon motion of Commissioner Pinney, seconded by Commissioner Walker,
it was moved and adopted that the plat of Betty Jean Patterson be approved.
Final Plats
D. Hunters Ridge: sn September, the Commissioners approved a pre-
liminary plat of this subdivision. The Planning Board recommends that
public roads be required here. Mr. Edwards stated that this subdivision
was located south of Chapel Hill and part of the subdivision is in the
Ghapel Hill Planning area. All lots are between 40,000 and 56,000 square
feet in size. He stated that Chapel Hill had made recommendations con-
cerning this plat, and that this plat did meet their approval. Mr. Edwards •.
stated that the .road would be paved to state specifications and the plat
did meet the Erosion Control Officer's approval.
Upon motion of Commissioner Walker, seconded by Commissioner
Gustaveson, it was moved and adopted that the final plat for Hunters
Ridge be approved.
E. Brookview - In September, the Commissioners approved a preliminary
plat of this subdivision. The Planning Board recommends public roads be
required here. Mr. Edwards stated that part of this land laid within
the Chapel Hi11 Planning jurisdiction and some changes had been made as
recommended by the Chapel Hill Planning Board. He added that access
would be from Riggsbee Road onto a private drive and existing right of
way which will be built .to state specifications. One change made has
been the converting of three lots into one lot.
Discussion ensued regarding the private drive connecting with the
cul-de--sac. Mr. Goforth stated that this was a dedicated right of way
and there was no way to eliminate the right of way. He stated that Chapel
Hill had approved thsi plat three of the four times it was presented to
them.
Commissioner Walker moved that the final plat of Brookview be
approved. Commissioner Gustaveson seconded this motion.
Further discussion ensued. Commissioner Gustaveson asked the Planning
Staff to talk with Chapel Hill about the one road that might be a hazard.
He requested that this plat be deferred until the third Tuesday in December.
Mr. Goforth stated that this plat was according to Chapel Hill's recom-
mendations.
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Commissioner Pinney called far the question.
Chairman Whitted called for a vote on the original motion.
Voting aye on the motion were Commissioners Walker, Willhoit,
and Whitted. Voting nay were Commissioner Gustaveson and Pinney. __
The motion was declared passed.
F. June A. Sparrow Estate - The Commissioners have reviewed the
preliminary plat of this subdivision. The Planning Board feels a Class
B Private Road is adequate to serve the eight lots in this development.
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Mz. Edwards stated that .this land was located off of old Lystra Raad.
Access will be by a private drive. This plat was previously approved
with the condition that lots be' combined and that the road be built to
state standards.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Walker, it was moved and adopted that the plat of the June A. Sparrow
Estate be approved with a Class "B" road.
H. Sketch Plan for Clyde Bowden - This plan proposes the division
of a 48 acre tract into 24 lots each about two acres in size. The pro-
.. party seems to be in the University Lake Watershed. At present, a
portion of this tract contains a mobile home pare4. If it appears the
plat can be approved, the mobile home park will be removed. Mr. Edwards
stated that this land was located behind Grampion Hill in Chapel Hill
Township. This is a tract of 122 acres, and 23 lots have been cut out
of the tract with two acres in each lot. Roads will be built to state
specifications. The problems with this plat is that the area is zoned
Mobile Home Park. Mr. Bowden wants to know a.f the area can be rezoned
tO residential after the mobile homes are removed.
Discussion ensued among the Board and Mr. Edwards concerning the
displacement of the mobile homes. Ervin Dobson recommended that the
Planning Department meet with the owner of the plat and make some
recommendations to the Board at a later meeting.
Chairman Whitted stated that he felt the question would be on
the rezoning request, and that Mr. Bowden should satisfy the question
of locating houses an sites where mobile homes had been located in res-
pact to septic tanks, as well as the relocation of the mobile homes.
G. Thomas Lawrence Summey - The Board of Commissioners approved
this plat in May of 1976. Mr. Summey failed to record the document
within the prescribed sixty day time limit. The plat, therefore, is
being submitted far reapproval in order that it might be recorded.
Upon motion of Commissioner Pinney, seconded by Commissioner
Gustaveson, it was moved and adopted to reapprove the plat for Thomas
L. Summey.
Foxlair T - This plat was approved in August, however, Mrs.
Garrett did not sign the plat.
Upon motion of Commissioner Walker, seconded by Commissioner
Pinney, it was moved and adopted that the plat for Foxlair, Section I,
be reapproved.
Northwood Phases II and III - This has been approved and the
time limit ran out on December 3rd. The County Manager was out of
town on Friday which is the reason why the plat must be reapproved.
The Manager's signature was needed on the road bond.
Upon motion of Commissioner Pinney, seconded by Commissioner
Gustaveson, it was moved and adopted that the plat for Northwood
Phases 12 and IIT be reapproved.
Bumpass Road - Mr. Edwards stated that the Bumpass family contend
that the State agreed to build SR #1722 sometime during the 1950's.
The State is not denying this, but says that they are not going to be
held to this. He stated that the County could require the entire road
to be built to state specifiatians, or the road could be totally private,
or the road could be half private and half subdivision road. He added
that the Bumpass' would bring a plat which showed the land as it is
divided. This will be approved and recorded and the Board will be able
- to look at the plat with a better understanding.
Chairman Whitted referred to the two resolutions that had been
prepared by the County Attorneys.
Commissioner Whitted read the resolutign regarding the cancel-
ing of the December 8th public hearing.
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"The Orange County Board of County Commissioners hereby resolves
that the public hearing heretofore scheduled for December $, 1976,
concerning the proposed use of the Old Orange County Courthouse is
hereby cancelled, it appearing that the said proposed use is now
subject matter in a Complaint filed by the Town of Hillsborough
instituting litigation agaznst Orange County.
This the 6th day of December, 1976."
Upon motion of Commissioner Gustaveson, it was moved that the
resolution be adopted.
Discussion ensued concerning scheduling the public hearing for
another time following litigation. The Chairman stated that after the
court matter is settled, a public hearing would be held if citizens
requested a hearing.
Commissioner Willhoit seconded Commissioner Gustaveson's motion.
Chairman Whitted called for a vote on the motion. Voting aye were
Commissioners Gustaveson, Pinney, Whitted and Willhoit. Voting nay
was Commissioner Walker.
The motion was declared passed.
Chairman Whitted read the second resolution concerning the use of
the Old Orange County Courthouse.
"The Orange County Board of Commissioners hereby states that it
recognizes the historic significance of the Old Orange County. Courthouse
and hereby resolves that the same should not be altered or renovated
with respect to its present appearance and that it should be restored,
preserved, used, maintained and protected in consideration of its historic
character.
Wherefore, the Orange County Board of County Commissioners resolves
that:
l.. The Old Orange County Courthouse be restored, preserved, main-
tained, protected and used as a courtroom facility together with --
other appropriate court-related purposes; and
2. That particular attention be immediately given to stzuctural -.--=
defects-that may exist and that steps be taken to repair the same.
This 6th day of December, 1977."
It was moved by Commissioner Willhoit, seconded by Commissioner
Gustaveson, that the resolution be adopted.
Discussion ensued. Mayor Cates stated that he was in total agree-
ment with the resolutions. He asked that an article taken from the
State Magazine be added to the record.
For copy of the article from the State Magazine, see December 6,
1976, minutes file in Clexk's Office. ~' rv'
Commissioner Walker stated that he agreed with the resolution, but
disagreed with the purpose of the resolution.
The Chairman called for the vote on the motion. Voting aye were
Commissioners Gustaveson, Pinney, Whitted and Willhoit. Voting nay was
Commissioner Walker.
The Chairman declared the motion passed. --
Chairman Whitted referred to Item 19: Discussion and approval of
a Contract for design and architectual work on the Grady A. Brown School -
Building.
Chairman Whitted stated that on November 21, this Berard entered into
discussion regarding the hiring o£ an architect to proceed with the reno-
vation of the Grady A. Brown School Building. Some questions were raised
at that time and the Secretary was requested to research the minutes and
tapes as to what action the Board took at prior meetings. This research
has been done and the Chairman stated that now is the time for discussion
of an architect to renovate the Grady A. Brown School Building.
i~
Commissioner Gustaveson asked if the contract with Mr. Nassif had
been prepared. The County Attorney stated that he did not have a copy
of the entire contract, but only the cover sheet. He stated that it
was a standard AIA Contract this is proposed. He stated that a standard
AIA Contract would go along with the cover letter.
Chairman whitted stated that at an earlier meeting at Carrboro,
the Board had requested Mr. Nassif to make the contract available to
our Attorney for the November 15th meeting, however, action on the
contract was tabled until today. He stated that Mr. Nassif was present
for any questions by the Board.
Commissioner Pinney asked Mr. Nassif what his proposed fee for
Grady A. Brown would be.
Mr. Nassif replied, "Six percent."
Mr. Walker inquired, "now that's changed from the proposal we
looked....wasn't it abut seven and one-hal£ percent. Has that been
reduced, Joe?"
Mr. Pinney stated, "it was six and one-half and he reduced it to
six percent."
Commissioner Gustaveson asked Mr. Nassif what he saw the time
schedule for Grady A. Brown design work, with the recommendations of
the County Manager and the Finance Director. He added that there were
economics in putting everything up for bids at one time.
Mr. Nassif replied, "Sam, Mr. Evans, and 2 talked about a schedule
of August or September, going out for bids."
Mr. Gustaveson asked, "and how much time does that include on the
jail, work already completed?"
Mr. Nassif replied that with talking with the Department of Correc-
tions in Raleigh, he had spent about one and one-half months working on
the jail.
Commissioner Gustaveson spoke of the charges that had been made by
other firms in Chapel Hi11, implying that only their firm was the size
to da the job. He asked Mr. Nassif to respond to this statement.
Mx. Nassif's response to Mr. Gustaveson's statement was that he
realized his firm was small, but "2 can handle it." He stated that if
he needed additional help there were legitimate ways of getting this
help. Mz. Nassif assured the Board that he could meet the time schedule.
Mayor Cates reminded the Soard that the Town of Hillsborough had
enacted a Historical Hillsborough Ordinance. He asked if the archi-
tect had consulted with the Historical Hillsborough Board for historical
zoning. rf not, does he propose to do so. Secondly, is he expecting
to conform to the laws of the Town of Hillsborough?
Chairman Whitted stated that the County would apply for any permit
needed £rom the Town of Hillsborough.
Mr. Nassif stated that he had approached the Mayor ctif Hillsborough
sometime ago in regard to the historical zoning in Hillsborough. He
stated further that he wished to comply with all laws.
- Commissioner Walker asked that this question be presented to Mr.
Robert Anderson, of City Planning and Architectual Service, who was
also very interested in this job.
Mr. Anderson stated that if his firm was under consideration that
his firm would abide by all laws. He proceeded to express his feelings
concerning the Board's selection of an architect.
Further discussion ensued between. Mr. Anderson and Commissioner
Gustaveson.
Commissioner Gustaveson stated that he would like to move that
this Board complete and sign a contract with the Nassif firm for archi-
tectual work on the Grady A. Brown School buildings.
iz
The motion was seconded by Commissioner Willhoit.
Commissioner Walker stated that he felt this action .was premature.
He stated, "for how much. Is it six percent now, well it's changed. Now,
I'd like to propose a question to Mr. Nassif, and I don't have any pre-
blems with Mr. Nassif's ability to do the job. My problem is with this
Board and how it is handling the entire situation. Naw as Z remember,
the last little sheet of paper that was presented by Mr. Nassif was
about seven and one-half percent or seven percent. Now, today, he says
six. Is that a re-negotiation Jae, with members of the Board, the reason
you have reduced this figure, or is it because of a few articles in the
paper. I understand there was something in the paper,,I didn't read it,
but I understand there was something in there about it. Did that cause
the price to come down? When you are talking about one percent, you axe
talking about....."
Mr. Whitted interrupted by stating, "Mr. Nassif's proposal, was six
and one-half percent."
Mr. Nassif stated, "Mr. Chairman, my proposal was seven and one -half
percent, but at the time it was put in, when I came for an interview,
there was no magic number. You asked what it would be if you were selected
to be chosen as the architect an this project. My understanding with that
was that this was a part in parcel. of the entire proposal of which a
letter was sent to me saying that, exactly the same thing on December 15th
(1975) by Mr. Gatos. This was prepared for the evening of November 15th,
when you asked me to come up here and that is the proposal of the front
sheet of which I gave to the County Attorney. To answer your question,
it wasn't based on anything the newspaper said, it was based on what I
thought I could do that for at that time, and that was what was prepared
for that evening of which no one ever asked me for."
Mr. Walker asked, "has any member of this Board seen this proposal?"
Mr. Nassif replied, "2 have never been asked for it."
Mr. Walker stated, "2 don't see how we can make a decision when
we've never seen the proposal. This has been presented to the County -
Attorney and it hasn't been presented to us."
Commissioner Gustaveson stated, "it was presented to the County
Attorney for review."
Chairman Whitted added, "by our request."
Commissioner Walker continued, "and we are here with a motion on
the floor, about to make a decision, and we have never seen the proposal."
Chairman Whitted stated, "we have a report from the County Attorney
as to respect to the contract."
Commissioner Walker said, "yes, but not in terms of how much money,
what percentage."
Commissioner Gustaveson answered, "yes."
Commissioner Walker asked, "when did this happen, where was I. Maybe
this went on when 2 wasn't available."
Mr. Nassif stated, "Mr. Chairman, that was available on that evening,
(November 16th) but no one requested me to give it...."
Commissioner Walker interrupted, "I don't blame you, what I am saying ~
is, if the Board was aware, why wasn't I made aware of it .•"
Chairman Whitted stated, "the Tuesday prior to the November 16th v
meeting, we had a meeting in Carrboro, when we asked Mr. Nassif to pre -
pare a contract and to present it. You were not there that night. On
the 16th, Mr. Nassif came with that document and we got into discussion
and delayed the whole thing and Mr. Nassif left. We never asked him for
it. Our Attorney has had it and they have reviewed it and they have
reported to us based on their review of the Contract."
Commissioner Walker added, "but they failed to report it to me, and
I am a member of this Board."
-~.14
for lack of a second.
Chairman Whitted stated that the question before the Board was the
motion of Commissioner Gustaveson, which had been seconded by Commis-
sioner Willhoit.
Commissioner Walker stated that he wanted to say again that "2 can
not approve of signing a contract that has never been looked at."
Commissioner Gustaveson reviewed his motion. He stated, "the motion
is to set up a meeting with our Attorney and Mr. Nassif. Our Attorney
will review the Contract before there is any signing."
Commissioner Walker asked, "you are not going to look at any other
contractors?"
Commissioner Gustaveson replied, "that's right."
Commissioner Walker added, "that's what T wanted to hear you say."
The Chairman called for the vote on the motion. Voting aye were
Commissioners Gustaveson, Pinney, Whitted and Willhoit. Voting nay was
Commissioner Walker.
The motion was declared passed.
The County Attorney was requested to review the Contract with Mr.
Nassif and to bring back to the Board by the third Tuesday in December.
The Chairman moved to the next item which was appointments to
Boards on which Mrs. Garrett had served.
Chairman Whitted stated that he wished to resign from the Council
on Aging Board and the Joint Orange-Chatham Community Action Board. He
agreed to serve as the voting delegate to the Triangle J Council of Govern-
ments.
Upon motion of Commissioner Gustaveson, it was moved that Chairman
Whitted be named as the delegate to the Triangle J Council of Governments.
Chairman Whited asked that the motion be amended to include the Vice-
Chairman, Norman Gustaveson, as the alternate member to the Council of
Governments. Commissioner Willhoit seconded this motion. The Chairman
called far the vote on the motion and all members of the Board voted aye.
The motion was declared passed.
Chairman Whitted stated that the Board should name a member of the
Board to the Durham-Orange Employment Training Service Advisory Council
to replace Mrs. GArrett.
Commissioner Pinney suggested that Don Willhoit be named to the Durham
Orange Employment Training Service Advisory :Council.
Commissioner Willhoit stated that he felt the Chairman .of the Board
should serve in this capacity since the Mayors of Durham and Hillsborough
served on this Council.
Commissioner Gustaveson moved that Chairman Whitted be appointed as
the Board'o~ Commissioners' appointee to the Durham-Orange Employment
Training Service Advisory Council. The motion was seconded by Commissioner
Willhoit. The Chairman called for the vote and all members of the Board
voted aye. The motion was declared passed.
Commissioner Gustaveson suggested that Mrs. Garrett continue to serve
as the Commissioners' appointee to the Orange Water-Sewex Authority and _
the Emergency Medical Service Executive Committee. The Board agreed that
this was a consensus.
Chairman Whitted moved that Don Willhoit be named as the Commissioners'
appointee to the Orange County Council on Aging and the Joint Orange -Chatham
Community Action Boards. This 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 Chairman recognized James Fuller who stated that he was present to
appeal his personal property tax assessment. It was explained to Mz. Fuller
that this was his evaluation and that he would receive a tax statement later
in the year stating the amount due. ~.5
Commissioner Gustaveson moved that the meeting adjourn. The
motion was seconded.by Commissioner Willhoit.
Rich/ard E. Whit ed, Chairman
Agatha Johnson, Clerk ~-r~y~+.~~+. ~- ~~~
CHAPEL HILL • NORTH CAROLINA
. _ December 6, 1976
On behalf of the League of [domes Voters and the citizens of Orange County
I would like to express our appreciation for the enlightened and energetic F'~'~.
leadership we have been privileged to have from Flo Garrett. ~-~~'
E ~'~,
She brought to_the job a knowledge of Orange County and its citizens which~~."'.;
have enabled her to uniquely represent all segments of the population of
the county. E,~
She brought to the job a particular knowledge of haw to govern which has enabled
her to initiate numerous programs benefiting all the residents of the county.
She brought to the job initiative and imagination which have transformed the
role of Chairman of the Board and set a precedent for future leaders.
She has brought to the job seemingly endless energy which allowed her to
keep in constant touch with those she represented.
She has brought to the job an ability to see beyond the immediate moment and
to see beyond the narrow limits of our boundaries which has given Orange County
a respected place in our region and state governments.
She has brought to the job a concern for people which has oriented Orange
County government toward service to the people for the good of all.
She has brought to the job an integrity and professionalism which has engendered
respect from all those she serves not only for herself but for the entire
Board and entire county government.
She leaves a legacy of abetter Orange County for all of us.
Thank you, Flo, for your able and generous service to the County.
13
Mr. Gledhill stated "Mr. Chairman, I would like to clarify just
what we have reviewed. We have reviewed only the cover sheet of that
contract. I would suggest that if the Soard is inclined to take action
on Mr. Nassif's proposal, that it do so subject to the Attorney's
approval as to proper legal form."
Commissioner Pinney asked the County Attorney. "You don't have
the actual contract?"
Commissioner Gustaveson stated "that s assumed that before the
signing of the formal contract, the Attorney reviews it."
Mr. Nassif reminded the Chairman that on the back of the contract
was Mrs. Flora Garrett's signature, and that would have to be changed,
"since it was prepared for that evening, when you requested."
Commissioner Gustaveson stated that the implementation of his
motion would require that the Attorney meet with Mr. Nassif to prepare
an up-to-date cantract~and that they review it before the Chairman signs
it.
Commissioner Walker stated, "one other thing which we will never
know is if there is capable people that might be willing to do it cheaper
or at least have the opportunity to say they're going to bid higher or
bid the same. We're not giving other firms the same opportunity as we
are giving Mr. Nassif. I certainly don't see why. T don't have anything
against Mr. Nassif. It's just the action of this Board and I think it
should be spread upon the minutes and the pages of the news, the way
this Soard has acted in this matter. I would ask that this be tabled
until at least we have a change to look at the contract. To my knowledge,
no member of this Board has ever looked at the contract except the coveb
sheet."
Commissioner Gustaveson stated that the implementation of'tiis
motion was to have the Attorney review the contract.
Commissioner Walker asked, "after we have already approved it?"
Commissioner Gustaveson replied, "after we have approved negotia-
tion with Mr. Nassif, yes."
Commissioner Walker stated, "I haven't had any negotiatien with
Mr. Nassif, that's my problem. Had I been included in these negotia-
tion, maybe I wouldn't be so sore about it."
Commissioner Gustaveson stated that had Mr. Walker been at the
meeting'in Carrboro, he would have been involved in the discussion.
Mr. Walker stated, "at that particular .meeting, I.couldn't be
there, Norm. Richard said that it wasn't discussed, that it was called
off."
Commissioner Whitted replied, "no, the meeting in Carrboro was
where we instructed Mr. Nassif to present us with a contract on the
16th. The 16th was when the Board got into the other....there was a
motion on the floor to enter into the contract at that time, and it
was .tabled until Mrs. Johnson went through the minutes and that's where
we were and that's how we got to where we are now. We had discussions
with Mr. Nassif at the Carrboro Town Hall which was a regular meeting of
this Board. It was a public meeting."
Commissioner Walker answered, "right, and I read those minutes and
I don't remember anything about that."
___ Commissioner Whitted replied, "minutes don't reflect verbatim dis--
cussion, but we did have a discussion with Mr. Nassif."
Commissioner Gustaveson added, "a good number of questions were
raised at that time regarding financing and scheduling."
Commissioner Whitted asked Mr. Walker if he was making a motion to
table this matter.
Commissioner Walker replied, "yes."
The Chairman repeated the motion to table the matter. He asked if
there was a second to the motion. He then declared that the motion died
ORANGE COUNTY SOA~i,D OF COMMISSIONERS
~6 IiIL/LBBORDiJCxI~. NOFLTFI CARDLTNA
~.~~oaJu~ao~ o~ co~~E~vn~~ao~
1+ or
.~~r~t ~. (~~re
~~~PxPtIS, Flora R Garrett was nominated by the voters of Orange County to the Orange
Counry Board of Commissioners in the Democratic Primary of May 1972, and
~~~~'t~, Flora R. Garrett was elected by the voters of Orange Counry to the Board of
Counry Commissioners of Orange Counry in the General Election of November 1972, and
~hPx2xx5, Flora R. Garrett was elected by hex fellow Commissioners as Chairman of this
Board in December 1974 and has held this position continuously since that date, and
~~FxEx~,1~lora R. Garrett through her boundless energy and keen insight to the problems
of County Government and the concerns of the citizens of Orange Counry with her sincere
axed impartial judgments has shown to this Board and to the people of Orange Count' a
pathway towards better local government, and
~:7E~$rs~, Flora R. Garrett since assuming office in December 1972 has well served all the
citizens of Orange County as a member of the Board of Counry Commissioners and has given
freely and unselfishly of her time and her Talent and through her foresight and leadership
has promoted and helped to develop ma.*~y progressive changes in all aspects of Orange
County Government, and
~~ErP~S, Flora R. Garrett having served four years in the office of Counry Commissioner of
Orange County did not seek re-election to this office in the Democratic Primary of 1976,
~ ~Px£~E, ~E ~# ~~S~Ilx~t, that the Orange Counry Board of Commissioners acing
Through its members, Norman Gustaveson, Jan Pinney, Norman Walker and Richard Whit-
ted now takes this means of expressing to Flora R. Garrerr its sincere appreciation and deep
gratitude for hex faithful service, able leadership, and progressive ideas, and it wishes fox hex
and her family every happiness in the years ahead.
Lat a copy of this resolution be presented to the said Flora R. Garrett, a copy sent to the press,
and the resolution be spread on the minutes of this meeting, this Gth day of December, 197G.
~.~. ~~_
CLARK
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AGENDA ATTAChIMENT B