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HomeMy WebLinkAboutMinutes - 19770118so MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS JANUARY 18, 1977 The Orange County Board of Commissioners met in regular session on Tuesday, January 18, 1977, at 7:30 p.m., in the Commissioners' Room of the Courthouse in Hillsborough, N. C. Members present were Chairman Richard Whitted, Commissioner Norman Gustaveson, Jan Pinney, Norman Walker, and Donald Willhoit. Others present were S. M. Gattis, County Administrator; Neal Evans, Finance Director; Jeffrey Gledhill, County Attorney, and Agatha Johnson Clerk. The Chairman referred to the first item on the Agenda: Persons not on this agenda and having business to transact with the Board should make their presence known. No one came forth. Chairman Whitted referred to Item 2: Minutes of Board Meetings held on January 4th and 10th, submitted for approval. The Minutes' of January 4, 1977, were reviewed and corrections were painted out. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to approve the minutes of January 4, 1977. The Minutes of January 10, 1977, were reviewed and upon motion of Commissioner Pinney, seconded by Commissioner Willhoit, it was moved and adopted to approve the minutes of January 10, 1977. Chairman Whitted referred to Item 3 on the Agenda: The Planning Staff will present minor subdivision plats approved by the Planning Board on January 13,.1977. The Chairman recognized Chris Edwards from the Planning Department. Mr. Edwards presented to the Board the plat of Leonard Matthews. He informed the Board that Mr. Matthews is subdividing a 1 acre lot out of 11 acres. Road frontage is on Smith Level Road in Orange County and a State Road in Chatham County. Portions of this lot is in Carrboro and Chatham County. Carrboro has released its jurisdiction to the County. There is an existing house on the lat. Commissioner Pinney moved that the plat be approved. This motion was seconded by Commissioner Walker. Commissioner Willhoit stated that his concern was with the right- of-way in case the road needed future widening. The Chairman called for the vote on the motion. Voting aye were Commissioners Pinney, Gustaveson, Walker and Willhoit. Voting nay was Commissioner Whitted. The motion was declared passed. A. Walter Creech - Mr. Creech is dividing two acres from a 105 acre tract located on SR #1944 which is the dirt portion of #1944 which extends North of Hwy. 54. This is a dead end road, but on a State main- tained road. Mr. Creech has 266 feet of road frontage. Upon motion of Commissioner Pinney, seconded by Commissioner Walker, it was moved and adopted to approve the plat of Walter Creech. D. Kenneth W. Cash - This property is located on SR #1939 and 4.72 acres is being cut from a 16 acre tract. There is a Duke Power line which runs through the property, however, lot lines are drawn based on the power line. The lot has 260 feet of road frontage and is in the South Orange Fire District. Upon motion of Commissioner Pinney, seconded by Commissioner Walker, it was moved and adopted to approve the plat of Kenneth Case. r~ ~~ C. J. H. Pratt - Mr. Pratt is dividing one acre fxom a 20 acre tract located on SR #1719. The property has 150 feet of road frontage. A health permit has been issued. The Planning Board recommends that the plat be treated as a final plat. Discussien ensued concerning the division of the property. It was pointed out that with the division of the one acre tract another lot would be created. Commissioner Whitted stated that he felt the second lot should also be platted. Commissioner Walker moved that the plat be approved. Commissioner Pinney stated that he would second the motion if the plat was .being sub- muted as a preliminary plat. Commissioner Walker agreed to include this with in his motion. The Chairman called for the vote on the motion that the plat of J. H. Pratt be approved as a preliminary plat. All members of the Board voted aye, and the motion was declared passed. B. Worth Lutz - This plat was turned down by the Planning Board. James J. Freeland - This property is located in Strayhorn Hills. Discussion ensued concerning the plat and the Board agreed tp defer this plat until the first Monday's meeting in February. Wilford Woods - This plat was sent back to the Planning Board to seek an alternative to the road maintenance problem. The Planning Board has reviewed the matter and has reached no decision. They recommend that the plat be approved with a variance on the maintenance agreement, but be recorded with the required right of way. Discussion ensued. Commissioner Pinney moved that the plat be approved with a variance on the maintenance agreement for the road and that the plat be recorded with the required right of way. The motion was seconded by Commissioner Walker. Voting aye on the motion were Commissioners Walker, Whitted, and Pinney. Voting nay were Commissioners Willhoit and Gustaveson. The motion was declared passed. Wilford Woods (Plat of Tom Taylor) - Mr. Edwards stated that this was another piece of property owned by Mr. Woods which is a 3~ acre tract with road frontage on Lawrence Road. There are no problems with this plat. Upon motion of Commissioner Pinney, seconded by Commissioner Walker, ' it was moved and adopted to approve the second plat of Wilford Woods - (Tam Taylor). Lamb Distributors - This plat is being submitted for reapproval be- cause it was not recorded within the 60 day deadline. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to reapprove the plat of Lamb .Distributors. The Chairman referred to Item 6 on the Agenda: An interim report from the Youth Services Needs Task Force presented by Wes Hare. The Chairman recognized Wes Hare, Chairman of the Youth Services Needs Task Force. Mr. Hare stated that the task force was presenting to the Commissioners a recommendation for their top priority which is Emergency Care. He stated that if the Board supported the recommenda-. tion, the task force was ready to move ahead in developing a proposal for funding for an Emergency Care Home. This proposal would be sub- mitted to LEAA. He added that the monies required would be between $65,000 and $90,000 for operation of such a home. He inquired if the Board of Commissioners supported this proposal that the Contract for the operation of the home with Northtown, Inc. sz Commissioner Gustaveson asked if the task farce had explored the start up~cost and the long term operational. cost of Northtown, Inc.7 Mr. Hare stated that the task force's recommendation was for emergency care treatment and not for lout term treatment which was the larger part of the Northtown proposal. This proposal would be designed for one year. Commissioner Pinney informed the Board that LEAA grants usually run for a three year period and after the grants runs out, the County would have to agree to assume the operational cost of such a home. Discussion ensued concerning the financial support of the proposal. Mr. Hare stated that the task force recommends that if this proposal for emergency care is accepted, the County would provide planning money to Northtown, Inc., for Erik Dashmund's activities in preparing for the emergency care facility in the sum of $3,000 payable through the end of June, 1977. Commissioner Pinney stated that most LEAA grants were going away from this type of proposal. He stated that he questioned the request for $3,000 to seek the LEAA funds. He added that the Triangle Justice Committee would write proposals for the task force without spending monies. Chairman Whitted stated that Mr. Hare was requesting an endorsement from the Board of the .Emergency Care Home and was requesting $3,000 for operational cost between now and June, 1977. Commissioner Pinney stated that he felt the Board should be sure of the source of funding for yearly grants before committing themselves. Commissioner Gustaveson asked how long it woudl take the Justice staff to decide on funding for such a proposal? Commissioner Pinney replied "from two weeks to a month." Commissioner Willhoit stated that he was pleased with the concept of an emergency care and felt the task force should proceed with the planning stages of the recommendation. Commissioner Gustaveson recommedned that Commissioner Pinney get a firm reading of the possibilities of receiving a grant from LEAA. Commissioner Willhoit moved that the Board accept the recommendation of the task force to apply for LEAA funding. Commissioner Gustaveson suggested that Mr. Pinney talk with the Justice Staff and get a reading.of the realistic. possibilities of funding through LEAA. Mr. Pinney will try to have this information by the first Monday in February. The Board will discuss this item again the first Monday in February. Chairman Whitted referred to Item 7 on the Agenda: The Orange County Commission on the Status of Women has submitted this questionnaire for County Commissioners review. Discussion ensued concerning the questionnaire. Commissioner Gustaveson stated that he had some questions concerning the question- noire. He asked where and how will the questionnaire be distributed. Has a sample distribution been made? He suggested that the telephone numbers included at the end of the questionnaire be changed to numbers of some members of the Commission. Mr. Whitted asked that the meeting -- dates of the Commission~be made available to the Board. Commissioner Gustaveson stated that the questionnaire left out the concerns of older women. Commissioner Willhoit asked what the questionnaire was designed to define. He asked what were the areas of concern. Chairman Whitted stated that he felt the questionnaire's purpose was to define the problem areas for women in Orange County and that the Commission on the Status of Women would present these problems in their report to the Board. He added that he was not sure this questionnaire was adequate to meet that purpose. 53 Commissioner Willhoit stated that he felt the area of children and child care should be more specific. Does this mean private child care or public supported services? - The Clerk to the Board was requested to relay these questions to the Chairman of the Commission on the Status of Women for their review. The Board authorized the Chairman to sign a cover letter to the women residents of the County concerning the questionnaire. Chairman Whitted referred to Item 8: The Manager recommends the Board approve an amendment to the Landfill Operation Agreement. The County Manager stated that when the County entered into an agreement with the Town of Chapel Hill and Carrboro November 30, 1972, a fee schedule was agreed upon by all parties to provide far all opera- ting costs and to provide for a reserve for the purchase of equipment and for the expansion of the facility as needed. At the time the agreement was drawn it was not recognized that the accounting for the operation of the landfill fund would be in accordance with generally accepted accounting principles for an Enterprise Fund. Since the in- ception of the joint landfill operation, depreciation on fixed assets has been recorded as an expense and thereby charged against current revenues. The existence of a reserve fund for equipment purchases and a reserve for depreciation amounts to a double accounting and does not allow far a fair presentation of the financial statement of the landfill • operations. To correct this situation, the three entities should consider amending the landfill agreement such as the attached resolution which authorizes the execution of an amendment that would replace the require- ment of an equipment reserve contribution with a provision that would acknowledge the recording of depreciation as an expense. The County Manager recommends that the resolution be approved. Upon motion of Commissioner Pinney, seconded by Commission Willhoit, it was moved and adopted to approve the resolution to modify the Agreement on Landfill Operations. (For copy of Resolution Agreeing to Modify the Agreement on Landfill operations see page 57 of this book.) Item 9: The Manager recommends certain budget amendments prepared by the Finance Officer be approved. Neal Evans, Finance Directar, stated that these budget amendments were to bring several items in line with previous actions taken by the Commissioners Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to approve the budget amendment as submitted by the Finance Director. (For copy of 1976-1977 Budget Ordinance Amendment, see page S8 of this book.) Item 10: The Manager recommends the Board approve the Chairman executing a contract between Orange County and Sanford Smith for certain technical services. The agenda attachment stated that the Joint Orange-Chatham Emergency Medical Services Council had agreed to provide Orange county with $12,000 to provide technical oversight, inspection and testing of radio equipment to.be acquired by Orange County. Sometime ago,- the Board of Commis= sinners approved the execution of this contract, however, this action was not recorded in the Board minutes. Upon motion of Commissoner Pinney, seconded by Commissioner Gustaveson, it was. moved and adopted to approve the Contract for • Technical Services to affect a joint emergency communications system. Item 11: The Manager recommends the Board approve a Project Ordinance to implement acquisition of Emergency Communication Equipment. This Ordinance •is necessary because of the approval of the Contract for Technical Service previcusly executed. Upon motion of Commissioner Pinney, seconded by Commissoner Walker it was moved and adopted to approve the Emergency Medical Services Communication System Project ordinance Amendment. (~'or aopy of Project Ordinance Amendment see page 59 of this book.) Item 12: The Tax Supervisor recommends certain personal property assessments be confirmed. The Tax Supervisor presented to the Board of Commissioners approxi- mately 1,800 personal property tax assessments far the Boax'd confirmation. The fifteen persons listed had appealed their assessment to the Board of Commissioners. The Tax Supervisor recommends these appeals be denied. Those persons appealing their assessment are: Pamela Jean Kyff, Craig L. & Margaret'Mary Lister, Nicholas S. Louis, Elizabeth Allston McKeithen, Jay $. Nicholas, Japhet Hezekiah Nonge, Erma Jean Smith, Leslie Ann Snell, Wen Ping Wang, Retford Muhammad Omane $erko, Alva Maria Edmonson and Paul Michael Garbielson. The Tax Supervisor read letters of appeal from Betsy Terrell 8urrack, H. Curtis Bowens, and Gerald Lenthall. The Board agreed that an adjustment should be made on the personal property of Jay Byron Nicholas as Mr. Nichols owned a motorcycle trailor and not a traveling trailor as assessed. Upon motion of Commissioner Walker, seconded by Commissioner Pinney, it was moved and adopted to deny the appeal request of those persons listed, except for Jay B. Nicholas. Upon motion of Commissoner Gustaveson, seconded by Commissioner Pinney, it was moved and adopted to substain the appeal of Mr. Nicholas and reduce this evaluation by $1,060 due to a clerical error by the Tax Department. Item 13: The Tax Supervisor recommends that tax refunds enumerated on attachment #10 be granted. Ada L. Hooper - The Tax Supervisor stated that this building was erroneously assessed with this vacant parcel in 1973 revaluation; The building valuation should be deleted. Upon motion of Commissioner Pinney,.seconded by Commissioner Gustaveson, it was moved and adapted to grant the refund of $169.88 to Ms. Hooper. Todd Gambling - Mr. Gambling listed a $800 guitar which he stated was acquired after 1/1/76. This should have been listed as a $150 guitar. Upon motion of Commissioner Walker, seconded by Commissioner Willhoit, it was moved to grant the refund of $6.69 to Todd Gambling. The Chairman called for a vote on the motion. Voting aye were Commissioner Gustaveson, Whitted, Willhoit and Walker, Voting nay was Commissioner Pinney. The motion was declared passed. Terry L. $olling - Mr. Bolling was on active duty; declaration of New ,Tersey residency; delete valuation of personal property. Upon motion of Cammissoner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to grant a refund of $21.04 to Mr. Bolling. Jean H. Bruning - This person listed a 1976 Volks Wagon acquired after 1/1/76. She should have listed a 1974 Toyota. Upon motion of Commissioner Walker, seconded by Commissioner Willhoit, it was moved to grant the refund of $6.55 to Jean H. Bruning. The Chairman called for the vote on the motion. Voting aye were Commissioner Gustaveson, Whitted, Walker and Willhoit. Voting nay was Commissioner Pinney. The motion was declared passed. Barbara Chaiken - Ms. Chaiken operates a car listed in her father's name. The car is listed in Delaware. 55 Upon motion of Commissioner Willhoit, seconded by Commissoner Pinney, it was moved and adopted to approve the refund of $22.85 to Ms. Chaiken. Robert Laws - Mobile Home erroneously assess with Robert Laws' real property was actually owned by Leroy Laws and listed to him. Upon motion of Commissoner Walker, seconded by Commissioner Pinney, it was moved and adopted to grant the refund of $30.50 to Robert Laws. The Tax Supervisor stated that his Department had checked the tax listing for errors and discrepancies. Commissioner Gustaveson asked that the University be asked to send letter to foreign students advisor informing them of their obliga- tion to inform foreign students to list their personal property. Item 4: Mr. James Freeland, spokeman for the' owners of six signs in apparent violation of County Land Use Regulations concerning signs, would like to discuss the issue of sign removal. James Freeland was recognized by the Chairman. Mr. Freeland stated that it was important to local business to have advertisement in order to pay taxes to the County. He recognized Mr. Bob Grogan who is the Operations Director for the Southeast District for National Advertising Company. Mr. Grogan stated that his Company has sent a letter to the County Attorny on December 20, 1976, concerning the signs, and had not received a reply. Mr. Grogan stated that his company felt the section of the Ordinance which alleged that the signs were in violation was unconstitutional. He stated that he would like to know what action the County Commissioners intended to take. Mr. Curtis Bane, a sign owner, spoke of the problems he had encount- eyed regardin g signs. He stated that he would like to know tonight what action the Board intended to take and what would be required of him. Pete Thompson, operator of the Colonial Inn, stated that he had two signs which were over eight years old, and that he had paid the State for permission to erect the signs. Commissioner Whitted stated that when the Zoning Ordinance was adopted, this provision in the Zoning Ordinance was that the signs would remain so many years from the time the Zoninn Ordinance was adopted. This present Board is attempting to enforce what the Zoning Ordinance states. The Gounty Attorney stated that he had replied to the letter of National Advertising Company on January 17, 1977. He stated that the Zoning Odinance did provide a 5 year period for signs to be brought into compliance with the Zoning Ordinance. He added that since possible litigation could be involved with National Advertising Company, comments would be inappropriate. Discussion ensued. Commissioner Walker suggested that the County adopt a "go slow" policy and wait and see what the State intends to do. The Board agreed to go into Executive Session to talk about possible litigation with the Gounty Attorney. Upon motion of Commissioner Gustaveson, seconded by Commissioner Walker, it was moved and adopted that the Board go into Executive session to discuss possible litigation. Executive session ensued. The Board reconvened from Executive session and Chairman Whitted stated that the Board had discuss possible action they could take for the enforcement of the signs in the Zoning Ordinance. Commissioner Gustaveson moved that the County Attorney and ahe Plan- ning Staff send letters to owners of the sigr}s who had received the earlier letter concerning the specific violations of the Ordinance, and that these letters be rescinded. 56 The motion was seconded by Commissioner Willhoit. Commissioner Walker asked if the Board was going into any.dis- cussion as to what action they would take at a later time. The Chairman stated that the Board would follow up with appropriate action. The Chairman called for the vote and all members of the Board voted aye. The motion was declared passed. Commissioner Gustaveson added that this Board is committed to enforc- ing the intention and spirit of the Zoning Ordinance concerning signs. He recommended that the County Attorney and the Planning Staff review those section of the Ordinance which dealt with signs and to prepare recommendation for the enforcement of this section within the next 45 days. Commissioner Walker recommended that the Board amend the Zoning Ordinance so that the signs would comply with the Ordinance or possible rezone the property for those who request in order that the property will comply with the Ordinance. Commissioner Gustaveson stated that this recommendation could be incorporated into the review and study by the Planning Staff. Item 14: Appointments. A. One vacancy exists on the Area Mental Health Board. This appointment was deferred until the first Monday in February. B. The Chapel Hill Board of Adjustment has recommended Dr. Stanley Weidenkopf be named to that Board as a replacement for Marian Alexander. Upon motion of Commissioner Gustaveson, seconded by Commissioner Willhoit, it was moved '.and adopted to appoint Dr. Stanley Weidenkopf to the Chapel. Hill Board of Adjustment. C. Commissioner Gustaveson has requested the Board of~'Commissioners consider naming the five new appointees to the Orange County Planning Board at this time. Commissioner Willhoit nominated Andrew Doblestein from Bingham Township. Commissioner Gustaveson nominated Col. William Breeze from Cedar Grove Township. Chairman Whitted nominated Hazel Lansford from Hillsborough Township. Commissioner Walker nominated Paul Gates from Little River Township. Commissoner Gustaveson asked to include the names of Lindsey Efland fxom Cheeks Township. He added that he thought it was important to have another person from Bingham Township. He added the name of Pat Crawford from Bingham Township. The Board of Commissioner voted as to who the five new members of the Planning Board should be. Those persons appointed were Andrew Doblestein, William Breeze, Hazel Lansford, Paul Gates, and Lindsey Efland. The Board requested that letters be sent to these people informing them of their appointment as designees effective as soon as the Ordinance establishing the membership as twelve is adopted. Lettexs are to also be written to the present Planning Board asking" them for their willingness to confine serving on the Planning Board. The meeting was then adjourned. ;;•~ ~ ~ vJ r~ ~. Richard Whitted, Chairman Agatha Johnson, Clerk ~. ~"~ ~9hereas the Town of Chapel Hill, a municipal corporation, and the Town of Carrbora, a municipal corporation, and the County of Orange, entered into on tdovember 30, 1972, an agreement for the acquisition and opera- tion of a solid waste disposal facility, and P7hereas it is necessary in order to comply with generally accepted accounting principles that the facility be operated as an Enterprise Fund with a Capita]. Equipment ~teserve Account into which annual payments equal to annual capital equipment depreciation are made, and tVhereas.under the current agreement this would require two separa£e accounts be maintained and double depreciation taY.en; Now, therefore, in consideration of the mutual covenants and agreements ~~ hereinafter set forth and the ca-~enants and agreements contained in the - .original document of P7ovember 30, 1972, encept as herein modified, the Parties da covenant and agree, each with the other, to amend clause 5.c. of the agreement of Ttavember 30, 1972, far the acquisition and operating of•a solid waste disposal facility to read as follows: Annual payments in amount equal to annual depreciation of capital equipment shall be made to a Capital Equiprent Reserve Account in accordance with generally accepted accounting principles far an Enterprise Fund. IV WITNESS TdHEREOF, the Parties have hereunto caused this Fmendment to their Agreement to be executed in their respective names by their appro-- --- priate officers and their official seals attached, all by order of ti:eir respective governmental bodies. This the day of 1977. ~~ ., I, ;:~. ,. ~ Town'of Chapel Hill • , r' ,• . t Town Clerk I'~aY •? `~ ~ ` Town of Carrbara Town Clcxl: a r ' /~ .:. ' ~,~~ ~ ~~ ~ ~~"~'~, County of Orange C c:x.' to 'Boa " c• ~ Chairr.:an _ ~ ~^ of .Corrunis5o~e~s ORANGE COUNTY PROPOSED 1976-77 BUDGET ORDINANCE AMEND?-1FNT The 1970'-77 Budget Ordinance of Orange County as adopted on June 24, 1976, ' and su5sequen;ly amended, is hereby amended as follows: • ~' ~- Change th4 aparopriatian for the following line items in .Y.;~.: the funds indicated: _ INCREASE FUiID - ITEM (DECREASE 70 TOTAL General: Animal Control-Facility Rents . 1,800 6,600 Building ~ Rents-Insurance 4,340 8,340 - Recreation-?erso~nel 9,165 - _ 60,665 Tax Supervisar-?ersonnel 1,800 115,300 Contingency (15,800) 126,071 Social Sertiicps: Title X-dousing (27,900) 20,100 - • Title XX- Daycare health (18,005) p Change tha revenues and fund balances estimated to be available to meet the foregoing appropriations in the funds indicated: INCREASE FUND -- RESOURCE (DECREASE) TO TOTAL General: - Federal-Antirecession Funds 1,305 - 1,305 Social Services: State Federal Revenues~Title XX (45,905) - 242,420- . ~, ,.. .,~ -..~s.:. ---- --_ - - -. .. - .. K -_- 59 ORANGE COUNTY, N. C. EMERGENCY MEDICAL SERVICES COhT4UNICATIOfdS SYSTEM . PROJECT ORDINANCE AMENDMENT BE IT ReSOLVEO by the Orange County Board of Commissioners, that the---~-f- Emergency Medical Services Communications Systems Project Ordinance adopted the first day of November 1976, is amended to increase the total budget by twelve thousand dollars ($12,000.00) by changing section one and three to read as follows: 1. "Two hundred eighty nine thousand four hundred sixty six dollars {$289,466.00) be appropriated for a Emergency Medical System" 3. "Two hundred nineteen thousand two hundred eighty six dollars 0219,286.00) from the Robert Woods Johnson Foundation is estimated to be avail- able for the completion of this project" Adopted this the Eighteenth day of January, 1977.