HomeMy WebLinkAboutMinutes - 19770207s~
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
FEBRUARY 7, 1977
The Orange County Board of Commissioners met in regular session an
Monday, February 7, 1977, at 10:00 a.m., in the Commissioners' room of
the Courthouse in Hillsborough.
Present were Chairman Richard Whitted, Commissioners Norman Gustaveson,
Jan Pinney, Norman Walker, and Donald Willhoit.
Others present were S. M. Gattis, County Administrator, Neal Evans,
County Finance Officer, Jeffrey Gledhill, County Attorney, and Agatha
Johnson, Clerk.
Chairman Whitted called the meeting to order and referred to Item 1
on the agenda: Persons not an this agenda having business to transact
with the Board of Commissioners should make their presence known.
No one came forth.
The County Manager stated that Donald Dickerson, from the law firm
of Winston-Coleman and Bernholz, had a matter to be brought before the
Board at a later time in the day. This matter is concerning the sale of
property due to a tax foreclosure.
Chairman Whitted asked that the Board add to the agenda the dis-
cussion of the Neuse River Basin Association.
Commissioner Gustaveson asked that additional appointments to the
County Planning Board be added to the agenda.
Chairman Whitted referred to Stem 2: Minutes of Board meetings
held on January 18, 25, and February 1, 1977, are submitted for the
Board's approval.
The minutes of January 18, 1977 were reviewed and corrections were
pointed out.
Upon motion of Commissioner Pinney, seconded by Commissioner
Gustaveson, it was moved and adopted that the minutes of January 18, 1977
be approved.
The minutes of January 25, 1977, were reviewed and corrections were
pointed out.
Upon motion of Commissioner Pinney, seconded by Commissioner
Gustaveson, it was moved and adopted that the minutes of January 25, 1977
be approved.
The minutes of February 1, 1977, were reviewed and Commissioner
Willhoit asked that a paragraph be rewritten.
Upon motion of Commissioner Pinney, seconded by Commissioner
Gustaveson, it was moved and-adopted that the minutes of February 1, 1977,
be approved.
Ztem 3 on the agenda: The North Carolina Extension Service is con-
. sidering a program to more fully explain its role to County Commissioners.
--. A definite date for this program has not been fixed, however, the format
has been set.
---- Mr.. Ebert Pierce, County Extension Chairman, presented to the Board
summaries of the State and County Agriculture Extension programs. Mr.
Pierce stated that he was present to see if the Commissioners were inter-
ested in attending an afternoon session at N. C. State University to
review the resources available through N. C. State and A & T University
to County programs. He added that he felt the program would be at least
one to three months away, however, the Board would be informed of the
date through the County Manager. Members of the Board expressed an
interest in the program and asked to be informed of the scheduled date.
Chairman Whitted referred to Item 4: Plats for consideration.
A. James J. Freeland - Final Plat.
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This plat proposes the division of two, five acre pazcels•from a
seventy-one acre tract. Both lots from on SR #1710. There is a house
on one of these parcels. This plat came before the Commissioners in
January. At that time, the Commissioners raised a question about the
existing structure and referred the plat back to the Planning Board.
The Planning Board reviewed the plat and found it not to be in violation
of provisions of the County Land Use Ordinance. This plat does meet the
set back requirements.
Upon motion of Commissioner Pinney, seconded by Commissioner Walker,
it was moved and adopted to approve the final plat for James J. Freeland.
B. Cedar R~.dge Preliminary Plat - This plat proposes the division -
of two, five acre tracts from a seventy-one acre parcel. Access will be
provided from SR #1129. The Planning Board approved this plat with the
stipulation the access road be constructed to Class C standards.
Mr. Edwards, from the Planning Staff, stated tha this land is located
between Old #86 and the Orange Grove Road. There is a 60 foot easement
existing and a 60 foot right of way has been dedicated to the back lots.
He added that the final plat will have an .agreement regarding the main-
tenance of the road.
Upon motion of Commissioner Walker, seconded by Commissioner Gustaveson,
it was moved and adopted to approve the preliminary plat of Cedar Ridge.
C. E. C. Neville - This plat proposes the division of a thirty-two
acre parcel into six tracts each roughtly five acres in size. Access will
be provided through a private Class C road.
Mr. Edwards stated that this property is located in Chapel Hill Town-
ship. One of the tracts has road frontage on SR #1111. The other five
lots will have access through '.a private road. Mr. Edwards recommended
that a Class B road be requested to provide for two way traffic, since
there are six lots.
Commissioner Gustaveson stated that an impact statement would be __
helpful concerning this property.
Commissioner'Willhoit moved that the plat be referred back to the
Planning Board to consider the environmental impact by upgrading the
road to a Class B road instead of Class C.
This motion died for lack of a second.
Conunissioner Pinney moved to approve the plat on the condition that
further consideration be given to the type of road and the environmental
impact to upgrade the road to a Class B road.
Commissioner Walker seconded the motion. Further discussion ensued.
The Chairman called for the vote on the motion and all members of
the Board voted aye. The motion was declared passed.
D. Sula McMannen Heirs - This plat propose the division of three,
four acre parcels r"rom a thirty-five acre tract. One of the newly created
parcels will front on SR #1573, (Terry Road). A private Class C road is
recommended to provide access for the two parcels not fronting on SR #1573.
The Planning Board has recommended a variance be granted that would allow
the private road to be constructed at the time these lots are sold. The
private road will be roughly 1,000 feet long.
Mr. Edwards explained to the Board that the Planning Board recommended
that the road not be built until needed. The heirs presently have no
plans for developing the lots. The expense of building the road which
would not be used was the concern of the Planning Board, therefore, they
recommended an agreement that should these lots be developed; that at
that time, the road would be constructed.
Commissioner Gustaveson asked how this method would be monitored.
The County Manager stated that this would be almost impossible to
monitor. Mr. Edwards stated that there could be a provision in the deed.
Commissioner Pinney reminded the Board that generally, a Bond was
required. Mr. Edwards stated that with a bond, in ten years, the bond
monies would not cover the cost of constructing the road.
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Commissioner Willhoit moved that the plat be referred back to the
Planning Board to work out a solution. Further discussion ensued con-
cerning ways to redesign the plat. There was na second to Mr. Willhoit's
motion.
Chairman Whitted informed the land owner that by law, each lot must
abutt either a private or public road. Mr. Pinney suggested that each
of the three lots be redesigned to abutt on Terry Road.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Willhoit, it was moved and adapted to refer this plat back to the Planning
Board and Staff to work with the heirs of the land to redesign the pro-
. perty to meet the requirements in the Subdivision Ordinance.
E. Foxlair - A revised preliminary plat. This revised plat proposes
the division of sixty-five acres into nineteen lots each three acres or
more in size. The original plat was approved with a public road and
bridge over New Hope Creek. The owner is resubmitting his plat which
now depicts a Class B road and a ford in place of a bridge. Ten of the
nineteen lots in this subdivision are separated from the public road by
New Hope Creek. The Planning Board has approved this revised preliminary
with the stipulation that buyers must be made aware of the ford as access
to some lots would be restricted at certain times.
Mr. Edwards stated that the developer was resubmitting this plat for
various reasons. (1) Paving the road would increase the cost of the lots,
that it would be difficult to sell the lots and the developer would be
forced to subdivide the larger lots. (2) The developer does not want a
60 foot strip cut from the middle of the property. The Planning Board has
approved a Class B road. The major problem is getting across New Hope
Creek. The Department of Transportation has required that a bridge be
built across the crres. The develop proposes a Class B road and that a
ford be used to cross the :creek. Quinten Patterson, the Erosion Control
Officer, has said that 'if a bridge was not constructed, a ford would be
as good as anything. Mr. Edwards stated that the Restrictive Covenants
stated that no structure would be built within 100 feet of the creek.
He stated that set back from the road would be 150 feet.
Commissioner Willhoit asked if any engineering study had been made of
the proposed ford.
The developer replied that the water which the ford would cross was
from 5 to 9 inches deep. He added that a ford would create less erosion
than anything else put there and that the ford would meet the Department
of Transportation standards and be designed far a 50 year flood.
Upon motion of Gommissioner Willhoit, seconded by Commissioner
Walker, it was moved and adopted to reapprove the plat with a Class B
road and that the appropriate ford be designed to meet Department of
Transportation standards and for a 50 year flood plan.
F. W. C. Freeland Heirs - This plat proposes the division of nine
acres into four lots. The property is situated off N. C. #86 near Orange
Church in the transitional area around Chapel Hill. This plat was re-
ferred to the Chapel Hi11 Planning Board for comment. This Board re-
commended that: (1) A twenty foot strip along N.C. #86 be dedicated
to the State for highway purposes. (2) A fifty foot easment for sani-
tary and storm sewers be granted the Town of Chapel Hi11. (3) The plat
be redrawn to. reflect a cul-de-sac arrangement for all lots.
The Orange County Planning Board approved the subdivision with the
following stipulations: (1) That the twenty foot strip for the highway
purposes be dedicated. (2) That a twenty-five foot set back on each
side of the traversing stream be observed. (3) That only two common
driveway entrances to N.C. #86 be allowed. The County Planning Board
did not follow stipulation number 2 and 3, as suggested by the Town of
Chapel Hi11 because they felt first, that the easement far sewer purposes
should be negotiated independently by the Town and second, that to require
a cul-de-sac development at this time would impose additional cost upon
the owner.
Joseph Moore, Attorney who is in the process of disolving the
W. C. Freeland estate, stated that the heirs would dedicate a set back
from a traversing stream, however, they did have a problem in dedicating
land which may not ever be used, which was the recommendation of the
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Chapel Hill Planning Board. Mr. Moore stated further that a cul-de-sac
would not solve the problem of access, but would increase the possibility
of the land being subdivided. He added that the cul-de-sac would not pre-
vent a land owner from putting a driveway onto Highway 86. The heirs had
agreed to restrict access to the highway by appropriate documents. He
urged that the plat be approved with the stipulations as set forth by the
County Planning Board.
Commissioner Gustavesan stated that the Board must be careful what it
approves with access to Hwy. 86 since this was within the transitional area
of Chapel Hill. He stated that the Board should take seriously the re'
commendations of the Chapel Hill Planning Board.
Gommissoner Walker moved that the plat be approved with the recom-
mendations of the County Planning Board and with restriction of access -
to Hwy #86 to set out in the deed. Commissioner Pinney seconded the
motion.
Discussion ensued about the possibility of one central driveway on
to Highway $6 and the four lots using the one driveway.
Commissioner Willhoit stated that to overlook the sewer easement as
recommended by Chapel Hill would commit the County Board to not require
sewer easements for any property in this transitional area in the future.
He stated that he would like to see the recommendations of Chapel Hill for
sewer easement be. followed. Further discussion ensued.
Commissioner Walker amended his original motion to stated that a
single driveway be allowed and that this be set out in proper deed restric-
tion.
The County Attorney stated that he was not sure what power existed to'
farce a developer to dedicate an easement without a plan in mind. He
stated that requiring a set back was within the power of this Board.
Commissioner Pinney called for the question.
Chairman Whitted stated that the motion was that the plat be approved
with the observance of a 25 foot set back on either side of the stream, a
20 foot strip easement be dedicated for highway purposes, and that one
common driveway be allowed and that this be set forth in the deed.
The Chairman called far the vote on the motion and all members of
the Board voted aye. The motion was declared passed.
Chairman Whitted deferred from Item 4. He stated that Donald Dickerson
was present and wished to present to the Board the matter of the sale of
property at public auction due to tax foreclosure. This property is located
in Chapel Hill Township in the Town of Carrboro. The property was sold to
Ronald Hyatt on January 18, 1977, at the price of $3,800. Mr. Dickerson
requested the Board to confirm the sale of the property.
Upon motion of Commissioner Willhoit, seconded by Commissioner
Gustaveson, it was moved and adopted to confirm the sale of the property
to Ronald Hyatt at the price of $3,800 and to instruct the Attorney to
proceed with the closing.
(For copy of deed to Ronald Hyatt, see page ~7 of this book)
Chairman Whitted stated that it was the time for the advertised public
hearing to establish an Ordinance to Create an Orange County Planning Board.
The new Ordinance was presented to the Board and to interested citizens.
The Chairman asked if there were any questions concerning the Ordinance.
The Chairman asked if there were those present who wished to speak in
opposition to the Ordinance. No one came forth.
The Chairman asked if there were those present who wished to speak in
favor of the Ordinance.
Dr. Gertrude Willis, from the Leaque of Women Voters, spoke in support
of the Ordinance. The Chairman announced that the public hearing was
concluded.
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Upon motion of .Commissioner Gustaveson, seconded by Commissioner
Willhoit, it was moved and adapted that the Ordinance to create the
Orange County Planning Board be adopted and that the Ordinance be
inserted into the Ordinance Book.
Chairman Whitted stated that the Board would continue reviewing
the plats.
MX. Edwards presented to the Board the plat of June Sparrow Heirs.
He stated that the plat was being submitted for reapprovel to extend
the time for Mr. Sparrow to complete a road on the property.
` Upon motion of Commissioner Pinney, seconded by Commissioner
Walker, it was moved and adopted that the June Sparrow plat be reapproved.
G. Rezoning Request of Leonard Matthews - This is a petition to
rezone one acre from residential to general commercial. The Planning
Board unanimously approved the request. Mr. Edwards stated that the
property is located at the intersection of Smith Level Road and Hwy.
15-501. The house on the property will be converted to a business if
rezoning is approved. He presented to the Board a petition signed by
19 people in support of the rezoning request. He stated that he had
received nothing in opposition to the request.
Upon motion of Commissioner Walker, seconded by Commissioner Willhoit,
it was moved and adopted to approve the request to rezone from residential
to general commercial this one acre lot.
Chairman Whitted referred to Item 8: Commissioner Pinney will report
the results of his investigation into the possibilities of LEAA funding
of the Northtown Project.
Commissioner Pinney stated that Ed Griffin, Director o f the
Triangle Justice Commission, had informed him that LEAA monies were avail-
able. The Justice Commission Staff will make a grant proposal if the
Board so request. The proposal must be approved by the Triangle Justice
Commission, by the A-95 Review Board and then reviewed by the State LEAA.
Chairman Whitted stated that the Youth Services Needs Task Force had
requested that the Board approve the emergency care facility as top priority
so that application could be presented. The Task Force had further re-
quested an interim appropriation of $3,000.
Commissioner Pinney suggested that the Board request the staff of
the Justice Commission to put a proposal together. He stated that maximum
proposals were for three years. Same proposals were for one year and
would have to be renewed, however, the County would be obligated to pick
up the funding if other sources were not available, after the second year.
Wes Hare, Chairman of the Task Force, reminded the Board that the
Task Force was recommending approval of Northtown as the agency for
delivering emergency care.
Commissioner Gustaveson stated that the difficult was in saying that
the Board would commit monies in the next two years for this facility.
he stated that he did not feel sufficient information was available at
this point to make this decision, and that the Board had no way of knowing
what other priorities might arise within the next two years.
Commissioner Willhoit suggested that the Board make application to
the Justice Commission to put a proposal together.
Commissoner Pinney moved that a letter be sent to the Justice Commis-
. Sion requesting that they work with the Youth Services Needs Task Force in
developing a grant application for the delivery of emergency care, and that
the application be submitted to this Board far final approval.
Commissoiner Willhoit seconded this motion.
Discussion ensued. Commissioner Gustaveson stated that this Board
should take seriously the obligation to seek other funds, however, this
action does not commit this Board to fund this program.
The Chairman called for the vote on the motion. A11 members of the
Board voted aye and the motion was declared passed.
The Board agreed to not appropriate the requested $3,000, but to
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follow Mr. Pinney's recommendation.
The Board adjourned for lunch.
The Chairman referred to Item S on the Agenda: The Onslow County
Board of Commissoners has requested Orange Gounty to enact, and forward
to our representatives in the North Carolina General Assembly, a x'esolu-
tion requesting a mandatory jail sentence for all persons convicted of
driving a motor vehicle while under the influence of intoxicating liquors
or drugs, or with a blood-alcohol level of .10 percent.
Commissioner Willhoit stated he was sympathetic with the problem
which did contribut to the auto death rate, however, he did not feel
this solution would have any affect.
Commissioner Pinney suggested that this type of legislation be sub-
mitted through the Legislative Conferences.
The Board agreed that the Chairman should write a litter to the
Onslow Board of Commissioners indicating the Orange County Board's con-
cern, but suggesting that this legislation be submitted through the
North Carolina Association of Counties at their Legislative Conferences.
The Chairman referred to Item 6: Commissioner Pinney has requested
a review of items that will be included on the agenda of a public hearing
to be held February 28th.
Commissioner Pinney stated that he was afraid there would not be
sufficient time to accomplish all that was on the agenda for the public
hearing of February 28, 1977. He added further, that discussion of the
amendments to the Subdivision Regulations, along with the discussion of
extending the Subdivision Regulation to other townships would be con-
fusing to people attending the meeting. He suggested that the amendments
to the Subdivision Regulations and the rezoning matters be taken care of
on the 2$th and the extending of the regulations be held until another teim.
time.
Commissioner Walker stated that it was important that everyone under'
stand what is being talked about.
The Board agreed to schedule February 28th as the meeting to dis-
cuss rezoning matters, discuss the amendments to the Subdivision Regula-
tions, and the extending of the Subdivision Regulations. If time dees not
permit at this meeting, to accomplish these things, March 1st will be
reserved for another meeting to complete the agenda.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Willhoit, it was moved and adopted to reserve Tuesday, March 1, 1977,
for a possible extensicn of the February 28th public hearing.
Item 9 - The Board of Trustees of the West Orange Fire District has
requested the Orange County Board of Commissioners approve and certify
a roster of their members. This item was deferred until later in the
day.'
Chairman Whined referred to Item 1D: Appointments.
A. One vacancy exists on the area Mental Health Board.
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Chairman Whitted nominated Mrs. Virginia Parker of Route #1, Box 154,
Cedar Grove,. N. C. to this Board.
Upon motion of Commissioner Pinney, seconded by Commissioner
Gustaveson, it was moved and adopted that the nominations be closed
and that Mrs. Perry be appointed to the area Mental Health Hoard by
acclamation.
B. One vacancy exists on the Commission on the Status of Women due
to the resignation of Carol Rone.
The Commissioners requested that the Commission on the Status of
Women make a recommendation to the Board to fill this vacancy.
C. one vacancy exists, Mx. J. Leslie Prystrup has resigned, on the
Durham-Orange Employment Training Council.
The County Manager was requested to seek recommendations from the
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Mebane Industrial Park area or from Cone Mi-1s to fill this vacancy.
D. The term of Commissioner Norman Walker on the District Board of
Health expired February 4, 1977.
Commissioner Gustaveson nominated Commissioner Willhoit to the
District Board of Health.
Discussion ensued. Commissioner Pinney stated that he flet this
appointment should be delayed until the Orange County Board had decided
whether to stay in the District or to withdraw from the District.
Commissioner Walker stated that he felt Commissioner Willhoit would
be valuable in serving on the Search Committee for a Health Administrator,
and since the County could not withdraw until July 1, 1977, Mr. Willhoit:
should fill this position.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Whitted, it was moved and adopted that Commissioner Willhoit be named
as a member of the District Board of Health.
E. Three vacancies exist on the County Planning Board, since
Messrs. Charles Johnston, A. J. Altemueller, and Leon Yates have requested
to be replaced on this Board.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Pinney, it was moved and adopted to officially confirm Andrew Dobelstein,
Col. William Breeze, Lindsey Efland, Hazel Lunsford, and Paul Gates as
appointees to the Orange County Planning Board.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Pinney, it was moved and adopted that Marilyn Riddle, Jean Anderson,
Dr. Robert Bonar, and John Scarlette be :reappointed to the Orange County
Planning Board.
Discussion ensued concerning the appointment of people to fill the
three vacancies with exist on the County Planning Board.
Commissioner Willhoit nominated Art Cleary from Chapel Hill Township.
Commissioner Gustaveson nominated Pat Crawford from Bingham Township and
A. T. Davison from Eno Township. Commissioner Walker nominated Steward
Harbour from Eno Township. Commissioner Walker requested further that
appointments of these people be deferred until another time.
• Commissioner Gustaveson moved that Pat Crawford and Art Cleary be
appointed to the County Planning Board and that one vacancy be left open
and be appointed at another time. Commissioner Pinney seconded this motion.
The Chairman called for the vote on the motion and all member of the Board
voted aye. The motion was declared passed.
Commissioner Gustaveson suggested that the appointees to the Planning
Board draw for their terms of appointment at the next meeting of the
Planning Board. These terms will be approved by the Board of Commissioners
at their next meeting.
Chairman Whitted referred to Item 11: Budget amendments.
The Manager recommends the budget amendment proposed by the Finance
Director be adopted. The Finance Director stated that this amendment was
the rearranging of supplies and equipment for the Board of Elections.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Pinney, it was moved and adopted to approve the budget amendment as
presented by the Finance Director.
(For copy to the budget amendment, see page 79 of this book.)
The Board agreed to discuss Item 12 and 18 together, as both items
pertained to energy.
The County Manager stated that the State was developing an energy
conservation plan. A purpose of the plan is the requisition of energy
efficient in the purchasing of items of equipment. The Finance Director
stated that the idea was to compare specification and bids for equipment
with other governmental agencies. Chapel Hill has passed a similar
resolution.
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Commissioner Gustaveson stated that he felt this plan could have
good benefits for the County and that the County should take advantage
of this opportunity.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Willhoit, it was moved and adopted to adopt the Resolution authorizing
the County's participation in a State Energy Conservation Program, and
that the Resolution be forwarded to the appropriate State Agency.
The County Manager proceeded to comment upon the cutback in the
consumption of energy in the County Office Building. He stated that
consumption of energy should be cut by 35 percent, and that thermostats
had been reduced to 62 degrees and less at night. He added that the
providers of coal for the Grady Brown Buildings had indicated that they
could continue to provide the County with coal as needed. The County
Manager suggested that the hours of operation in the Recreation Depart-
ment be reduced to 5 days a week, with Friday as the day to not operate.
He suggested that in other county agencies, that to conserve energy, the
thermostats would be turned back. xe added that a Gas Company did have
a person spot checking building to see that thermostats are turned back.
Commissioner Pinney stated that he did not feel there would be
sufficient saving at the Recreation Department .to warrant a S day week.
Commissioner Walker suggested that all County Offices go on a 4 day
week with extended hours. Commissioner Willhoit stated that he would like
to know what the State intention is concerning the 4',day week and that he
was interested in knowing what the per person consumption of energy is.
He stated that unless there were corresponding changes in other institu-
tion, he could not see Orange County going to a 4 day week.
Commissioner Gustaveson stated that this was not a short term matter,
that thermostats would have to continue at 62 degrees. He asked that the
concern of energy be moved up on the agenda of the the Commissioners and
that the Board look at the long term problem of the consumption of energy.
Upon motion of Commissivner.Gustaveson, seconded by Commissioner
Pinney, it was moved and adopted to accept the County Manager's recom-
mendation that offices remain on a 5 day schedule, with the thermostats
set at 62 degrees, and reject the recommendation of the County Manager
that the Recreation Department change from a six to a five day workweek.
Commissioner Gustaveson suggested that'~ahe County Manager appoint
someone to keep close check on the County Buildings to know what is needed
in terms of thereto-efficiency and to make an energy inventory of the avail-
ability of heating fuels in the area. •
Item 13: The Manager requests the Board's comments upon a proposed
budget time table.
Chairman Whitted suggested that the Board not require budget narra-
tives from each agency. He stated that this was quite time consuming
and expensive, and is not needed again this year. The Finance Director
passed out additional budget information to the Board. The County Manager
suggested that the Board review the information and that comments be made
at the February 15th meeting.
Commissioner Gustaveson stated that he would like to have each
department or agency state what their program is `about, so that he could
get a real sense of the programs and services involved in relating to
cost. ~He added that this was needed for the public's information and
as a comparison for the Commissioners from one year to another.
The Board scheduled March 15, 1977, as the date for the pre-budget
public hearing concerning the use of Revenue Sharing.
Chairman Whitted referred to Item 14: The. County Attorney will advise
the Board of Commissioners of the procedures to follow when naming members
to the Board,of Trustees of the Dogwood Acres Sanitary District.
The County Attorney stated that the problem is that the entire Board
of Trustees to the Sanitary Board is vacant. The Commissioners must
appoint each member to the Board. He added that there was little, or no
business of the Sanitary Board going on. The appointment made to the
Sanitary Board would be in effect until the next general election.
Discussion ensued concerning the notification to the Board of Election
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of a vacancy on various Boards.
Chairman Whitted suggested that a letter be sent to the Board of
Election informing them that there are three vacancies on the Sanitary
Board, and that these vacancies should be filled at the next general
election.
The Chairman stated that the recommendations were David McFarland,
Herman Stone and Herbert Swain. Commissioner Pinney stated that Mr.
Stone could not serve on this Board since he was a law enforcement
Officer for the Town of Chapel Hill.
Commissioner Willhoit suggested that these appointments be deferred
until the February 15th meeting.
Item l5: The County Attorney will respond to the. question of
Commissioner Pinney "Are the medical services of a County Health
Department limited to the area of preventive medicine?"
The Chairman stated that the discussion between himself and Mr.
Pinney was what kinds of services can the Health Department legally
perform.
The County Attorney stated that the General Statutes authorizing
the local Health Departments do not envision primary care. The Depart-
ment is primarily a public health notion, and the specific duties and
responsibilities and power really talk in terms of preventive terms of
care.
Commissioner Gustaveson stated that the term primary care was too
broad a term to define.
Commissioner Walker stated that he felt this was the biggest pro-
blem which ahe Orange County Board sees in the District Health Board,
since the Health Board has followed the philosophy of preventive medicine
over the years.
Discussion ensued concerning what preventive medicine included.
The County Attorney stated that he had requested additional infarma-
tion from Health Services in Raleigh and would be able to answer more
questions when these rules and regulations have been researched.
The County Attorney asked what specific areas did the Board want
him to check info.
Commissioner Gustaveson asked what are the limits of total comprehen-
sive health care. Commissioner Pinney asked what can the Public Health
Department do and what can they not do? What does the General Statutes
prohibit in administering health care.
The County Attorney was requested to research the rules and x'egula-
tions and to make commends to the. Board of his findings.
Item 16: The Manager recommends a position be created in the Office
of the Register of Deeds and that the County budget be amended to imple-
ment this position. The agenda attachment stated that in January, 1976,
a CETA position under Title I was created in the Register of Deeds Office
to train a microfilm clerk and back up switchboard operator. Positions
under Title I are funded for a one year training period only. At'.the
conclusion of this period, the using agency is requested to accept the
trainee as its employee.
- The Register of Deeds has requested, and the Manager recommends,
this position be funded now by the County. Direct payroll costs from
February 15, to the end of this fiscal year willbe $2,313. This posi-
tion would carry the Job Title, Deputy Register of Deeds (Trainee) and
be classified as Pay Grade #54 at Pay Step #1.
Upon motion of Commissioner Pinney, seconded by Commissioner
Gustaveson, it was moved and adopted to approve the position created
in the Register of Deeds Office and that the County Budget be amended
to implement this position.
(For copy of the budget amendment for'this position see page 80
of this book.)
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An additional item added to the agenda was an appointee to the
Neuse River Basin Association.
The Chairman asked the consent of the Board to write Mr. Woodard, of
the Neuse River Basin Association, and inform him that Orange County does
not desire to participate in the Neuse River Basin Association at this
time. The Board will re-evaluate associating with this organization at
another time, and will inform him of any action the Orange County Board
takes.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Willhoit, it was moved and adopted that a letter be directed to Mr.
Woodard informing him of the action taken by. the Orange County Board.
An additional item discussed was the agreement with the Town of _
Mebane concerning specific water lines. The Chairman stated that the
Town of Mebane had not acknowledged the debt of these water lines and
he felt some action was appropriate. He asked that the County Attorney
contact the attorney from the Town of Mebane and that the..Board get down
to some serious discussion of ways to resolve this issue.
Item 9: The Board of Trustees of the West Orange Fire District has
requested the Orange County Board of Commissioners approve and certify
a roster of their members.
The County Manager stated that Orange Fire District is a rated
fire district and is a district within a district in which cerain insur-
ance benefits can be obtained. This certification is the first step in
that process. This is also known as the Efland Volunteer Fire Department:.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Pinney, it was moved and adopted to authorize the Chairman to the Board
to sign the certification of the roster of the members to the West
Orange Fire District
(For copy of the Certification see page 81 of this book).
Commissioner Pinney presented to the County Manager for the County's
use, a fire guage and a headlight aimer.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Whitted, it was moved and adopted that the Board express their thanks
to Commissioner Pinney for his donations.
Item 17: The County Attorney requests an executive session to:
A. Continue discussion of the waterfowl hunting issue at Lake
Orange. The County Attorney stated that this matter had been resolved
and no further discussion was needed unless the Board had specific questions.
B. Further discussion of the sign ordinance.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Willhoit, it was moved that the Board go into executive session to dis-
cuss litigation strategy concerning the Zoning Ordinance. The Chairman
called for the vote on the motion and voting aye were Commissioners
Gustaveson, Pinney, Willhoit, Whitted. Voting nay was Commissioner
Walker. The Chairman declared the motion passed
Executive Session ensued.
The Board reconvened from executive session and the Chairman stated -•
that the County Attorney and the Planning Staff had been instructed tc
proceed with rescinding the former letters sent, which notified sign
owners that they were in violation of the Zoning Ordinance. The County
Attorney and the Planning Staff were requested to make recommendations to
the Board of Commissioners concerning changes to the section of the Zoning
Ordinance which dealt with signs. ~,
.~
The meeting was then adjourned. ^ ~ ~
~txc and 'shitted, chairman
Agatha Johnson, Clerk
NORTH CAROLINA
ORANGE COUNTY
THIS DEED, made this 7th day of February, 1977, by ORANGE
COUNTY, a body politic and corporate, Party of the First Part,
and RONALD W. HYATT, 106 Saratoga Trail, Chapel Hill, North
Carolina 27514, Rarty of the Second Part;
W I T N E S SET H:
THAT the said Party of the First Part, in consideration of
+INSTON, COLEMAN
ANp BERNNOLZ
ATTORNEYS AT LAW
CHAPEL HILL, N. C.
IILLSBOROUGH, N. C.
Ten Dollars and other good and valuable considerations to it
paid by the said Party of the Second Part, the receipt of which
is hereby acknowledged, has bargained and sold and by these
presents does bargain, sell and convey unto said Party of the
Second Part and his successors and assigns, that certain tract
or parcel of land in the County of Orange and State of North
Carolina, in Chapel Hill Township, and more particularly
described as follows:
A certain tract or parcel of land in Chapel Hill Township,
Drange County, N. C. and more particularly described as
follows:
All that certain lot or parcel of land together with improvements
thereon situated lying and being on the Northwest side of the
2Dft. alley running from Hi11 view 5t, or Brookdale Avenue. in
the Town of Carrboro, North Carolina and more particularly
described as BEGINNING at a stake, in the property line of the
said Alley which point is established by measuring North 47 deg.
East 175 ft. from the intersection of the said Alley and the
said street or avenue; at which point is a corner of lot No. 3
running thence with the line of the said Lot North 47 deg. 3D
min. West 150 feet to a stake in the line of Lot No. 6; running
thence with the line of the said I.ot 47 deg. East 75 feet to
a stake a corner of Lot No. 5; running thence with the line of
the said Lot S 47 deg. 30 min. East l50 ft, to a stake in the
property line of the said Alley; running thence along the
property line of the said Alley South 47 deg. West 75 ft, to
the BEGINNING, and being lot No. 4 of the property of T.C.
Lindsay.
See Deed Book 253, Page 1431, Orange County Registry.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land
and all privileges and appurtenances thereunto belonging to
the said Party of the Second Part and his successors and assigns
forever.
. r/8~
I
That the said Party of the First Part daes covenant that
it is seized of said premises in fee and has the right to
convey the same in fee simple; that the same are free from
encumbrances, and that it will warrant and defend the said title..
to the same against the claims .of all persons whomsoever.
IN TESTIMONY WHEREOF, the Party of the First Part has f
caused this deed to be signed in its name by the Chairman of
the Board of Corrmiissioners of Orange County and attested by the
Clerk of the Baard of Commissioners of Orange County, and its
common corporate seal hereto affixed, all by authority of its
Board of Commissioners duly given, an the day and year first
above written.
ORANGE COUNTY
$y; /S/ Richard E. N7hitted
Ric and E, itte Chairman o .
the Board of Carmnissioner of the
County of Orange
'+INSTON, COLEMAN
ANO BERNHOLZ
A77ORNEY$ A7 LAW
CryppEL HILL, N. C,
~ILL$E;OROLIGX, N, C.
ATTEST:
/S/ Agatha Johnson
Agat a Johnson, C erk o t e
Board of Commissioners of the
County of Orange
NORTH CAROLINA
ORANGE COUNTY
This 10th day of February, 1977, personally came before me,
Frank S. Fre Brick, Clerk of Superior Court of Orange County,
North Carolina, Agatha Johnson, who, being by me duly sworn,
says that she knows the common seal of said Orange County and
is acquainted with Richard E. Whitted~ who is Chairman of the
Baard of Commissioners of said County; and that she, the said
Agatha Johnson, is the Clerk of the Board of Commissioners of the
County of Orange, and saw the said.Chairman sign the foregoing
instrument, and that she, the said Agatha Johnson, affixed said
seal to said instrument and signed her name in attestation of
the execution of said instrument in the presence of said Chairmai~-
of the Board of Commissioners of Orange County, all by authority
of its Board of Commissioners duly given,
WITNESS my hand and official seal, this the lpth day of
February, 1977.
/S/ Frank S. Frederick
FRANK, S. FREDERICK, Clerk o the
Superior Court o~ Orange County, N.C.
'79
ORANGE COUNTY
1976-77 BUDGET ORDILdA`~CE
'. AMENDi~tENT
' The-1976-77 Budg~t Ordinance of Orange County as adopted on June 24, 1975, -
and subsequently a,~,ended, is hereby amAnded as follo~vs: _
Change the appropriation for the following line items in the funds indicated:
INCREASE
FUND - ITEM (DECREASE) ~ TO TOTAL
General: •
Elections-Precinct-Personnel 90 26,090
Elections-Board (1,500) 3,500 _
Elections-Travel 100 1,lOD
Elections-Rent 350 1,025
Elections-Precinct Supplies 1,000 2,000
Elections-pffice Equip. 400 600
Elections-Precinct Equip. 850 1,050
r• -
Change the revenues and fund balances estimated to be av ailable to meet the
foregoing appropriations in the funds indicated: •
INCREASE
FUND _ RESOURCE (DECREASE TO TOTAL.
General:
Election Charges 1,290 1,29D
Adopted this the . ~ ~ day of .~•G~,G f / 7~,
k so
ORANGE COUNTY
1976-77 BUDGET ORDINANCE
Ah1ENDMENT
The. 1976-77 Budget Ordinance of Drange County as adapted on June 24, 1976,
and subsequently amended, is hereby amended as follows:
Change the appropriation for the following line items in the funds indicated:
INCREASE
FUND - ITEP7 (DEGREASE 70 TOTAL
General
Register Personnel 2,313. 57,413 '
Contingency (2,313) 123,758
Change the revenues and fund balances estimated to be available to meet the
foregoing appropriations in the funds indicated:
INCREASE
' FUND - RESOURCE (DECREASE) TO TOTAL
Adopted this the 7th day of February, 1977
~1
'
T0: NoT.th Carolina Commissioner of Insurance
Department of Insurance
fialeigh, North Carolina 27611
CERTIFICATION OF THE FIRE DEPARiP[ENT '
' 'BY ITS GOVERNING BDDX
WHEREAS, G. S. 118-23 requires certification to the North Carolina
Couu'aissioner of insurance as to fireman and fire departments in compliance .
woth minimum conditions precedent to the eiogobility of foremen and volun--
teer firemen for benefits under the North Carolina Firemen's Pension Fund
Act, the undersigned certifies to the North Carolina Commissioner of Insur-
ance that:
(1) West Orange _ _ _, North Carolina, 3.s a poli- - •
ti.cal subdivision of this State having a bona fade fire department which '
operates fire apparatus and equipment of the value of five thousand dollars
($S,Q00.00) or more, and said fire department'hvlds drills and meetings Y.ot
less than four hours monthly: •,
- (2) The persons names an the attached roster are regular and/or
volunteer firemen of the fire department described in (1) above,' ar_d said
_ firemen attend at least thirty six hours of.a17, drills and meetings of said
fire department in each calendar year. - _
(3) This certification was duly approved end.adopted by the govern--
. ing body of Orange Gounty NvrCh Carolina at a meeting held on the
7th day of~ Februa 1977 , and the undersigned was directed to
execute and forward a copy of same to the North Carolina Commissioner of
'~n~~ix~n~ e.
"'~•''• ~i~ITNESS my .hand and seal, this the 7th day oL• February ~ lg 77
'~. ~~ ~ Head of Governing Body - Ti le
. ~' ~?~~:2Tti~[G~AROLZNA
I ~Y , . l z.J COUNTY .
I, ~ ~ , a notary public of said county, do
hereby certify t a '~ _G •ZCJ who is personally know to me,
appeared before me an~ b ing first uly~swarn, acknawlcdge that -h fora-_
~a~ng certification was duly adopted by the governing body of .~~
E/~rT;~, North Carolina, and acknowledged the execution of the forego~ng
certif~catian on behalf of the board. '
J ~~
WITNESS my hand and official seal, this the ~_ day of
~ ~~~ r; , l9 ~_.
1
M Commission xpires:
N fARY r$L-IG
82
ORANGE COUNTY BOARD OF COIVIIVIISSIONERS
urr.r.~~pgp~7~~ NORTH CAROISNA
F~.E~OLUTION OF COMMENDATION
For
~rfig ~lutte ~agrs
~.
x
~~~~., Betty June Hayes became Clerk of the Orange County Boazd of Cotxuuissioners
on December 6, ].954, and
~~Erst, Betty June Hayes has continuously since December G, 1954 served with great
distinction as Clerk to the Orange County Board of Commissioners, giving freely and
unselfishly of her tithe and talents and through her wise counsel and foresight helped
promote better government in Orange County, and
c~+O~PSE2t~, Betty June Hayes having served as Clerk to the Orange County Boazd of Com-
missioners for twenty-two years felt it necessary, because of the ever increasing demands
brought upon her as Register of Deeds of Orange County, to resign the position o£ Clerk
to the Orange County Board of Commissioners.
~~~, ~~ Nt ~~1~P~, that the Orange County Board of Commissioners acing through
its members, Norman Gustaveson, Jan Pinney, Norman Walkex, Richard Whitted and Don
Willhoit, takes this means of expressing to Betty June Hayes its sincere appreciation and
deep gratitude for her years of faithful sexvice and wishes her continued happiness and
success in the yeazs ahead
Let a copy of this resolution be presented to the said Betty June Hayes, a copy sent to the
press, and let it be spread upon the minutes of the Orange County Board of Commissioners,
this the fourth day of January, 1977.
/ [ _ ~ CHAIRMAN
C
90AR0
~~ apARO ME)y BER .
Q~._ ~
BOARD MEMBER
CLERK