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HomeMy WebLinkAboutMinutes - 19770404g4s provide a linkage between the District Health Department and the new Health Board. Commissioner Willhoit stated that the next meeting of the Health Board would be on Monday, Apri]. 4, 1977. ~ ~ [l~ ~ (R1Qilar wh tte , airman Agatha Johnson, Clerk MINU'I'E5 ORP,NGE COUNTY BOARD OF COMMISSIONERS APRIL 4, 1977 The Orange County Board of Commissioners met in regular session on Monday, April 4, ].977, at 10:00 a.m. in the Commissioners' room of the Courthouse in Hillsborough. Members present were Chairman Richard Whitted, Commissioners Norman Gustaveson, Jan Pinney, Norman Walker', and Donald Willhoit. Others present were S. M. Gatos, County Manager, Neal Evans, Finance Officer, Agatha Johnson, Clerk to the Board, and Jeffrey Gledhill, County Attorney, was present for part of the meeting. Chairman Whitted referred to rtem 1 on the Agenda: Persons not on this agenda having business to transact with the Board should make their presence known. Raymond Williams stated that he was present to request the County Commissioners to reconsider a rezoning request which was presented to the Board in August of 1976. Commissioner' Walker stated that he had advised Mr. Williams that he would bring this request before the Board since there were points which the Board were not aware of. The Board agreed to hear Mr. Williams' request after lunch, when the County Attorney and the Planning Staff would be present. Item 2: Minutes of March 15th and March 29th are submitted for the Board's consideration. The minutes of March 15, 1977 were reviewed. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted that the minutes of March 19, 1977, be approved. The minutes of March 29, 1977 were reviewed, and upon motion of Commissioner Pinney, seconded by Commissioner Wil;].hoit, the minutes of March 29, 1977 were approved. Chairman Whitted referred to Item 3: Receipt of Petitions: (A) Caldwell Fire District and ($) Cedar Grave Fire District. Chairman Whitted asked if there was anyone present from these two districts to present the petitions which is to request the Commissioners - to call for a referendum for the two districts. Commissioner Walker stated that he had been informed that the Caldwell Fire District petitions were not completed, however, he would attempt to contact someone from the district to see if the petitions could be presented sometime today. The County Manager stated that he would contact members from the Cedar Grove Fire District to see if they were ready to present their petitions. ~~~ Bobbi Strickland, Secretary to the Board of Elections, stated that it was importatn that the petitions be presented as soon as possible, as her office needed thirty days to advertise the legal notices before the books were closed. The books are closed twenty-one days before an election and there must be two weeks set for registration. This procedure must be done before June 30, 1977. The Board agreed to receive the petition later in the meeting. Chairman Whitted referred to Item 4: Residents of the Rangewood Area are interested in receiving fire protection from the Town of Carrboro. The County Attorney will review procedures to make this possible. The County Attorney was not present, this item was deferred until later in the day. Item 5: Request to modify present RC&D proposal from Mr. Stewart Barbour. y The Chairman recognized Mr. Barbour, who presented to the Board a letter requesting that the Commissioners rescind their sponsorship of those RC&D measures involving the Eno River Valley. Chairman Whitted stated that last fall, the Board of Commissioners was presented with a listing of all proposed RC&D projects for Orange County. The Board had given their approval of these projects and had indicated that a copy of the Eno River proposal which was adopted by this Board be included in the RC&D measures and that this proposal be considered with any project affecting the Eno River. He stated that there were three projects in the RC&D Plan which concerned the Eno River, and Mr. Barbour is requesting that_they be deleted from the RC&D measures. Commissioner Gustaveson stated that these projects grew out of meetings which were held 7 or 8 years ago, and that no project will be funded without the approval of the Commissioners. He stated further that should monies become available for any of these projects along the Eno River, he felt that would be the appropriate time to discuss this matter. He added that if monies were available for conservation measures on the Eno River, he would be in favor of this. Commissioner Pinney stated that one element of the RC&D Project, which did not just pertain to the Eno River, but to other areas of the County, was that some peojects were in the RC&D Program which citizens were not aware of, and would be affected by. Commissioner Gustaveson stated that the RC&D Measures grew out of conferences with citizens to define the needs of the County. He stated that thorough discussions were conducted. Further, people who serve on the Water and Soil Conservation Committee were elected by citizens of the County. Mr. Pinney pointed out that some of these people were not elected when this list was formulated, and that people in the areas needed to be made aware of future proposed projects. Chairman Whitted stated that RC&D is not a full funding source for these projects. Mr. Barbour stated that efforts were being made to obtain RC&D monies for acquisition of land along the Eno River and that the RC&D Measures were setting up the machinery to turn at least two million --- dollars against Mr. Barbour in about five years. __ Discussion ensued. Commissioner Gustaveson stated that any project along the Eno River must be in accordance with the proposal set out by the County Commissioners. Mz. Barbour asked that the County take away the threat of condemnation by rescinding the sponsorship of the RC&D Plan. Commissioner Pinney moved that the RC&D Project Measures, affecting the Eno River be referred back to the Orange Soil and Water Conseration Office for recommendations. Commissioner Walker seconded the motion. 1.~~ The Chairman called for the vote on the motion. Voting aye were Commissioners Walker and Pinney. Voting nay were Commissioner Whitted, Willhoit and Gustaveson. The motion was declared defeated. Further discussion ensued. Commissioner Gustaveson moved that the RC&D Plan be left as it presently is written with the insertion of the resolution enacted by the County Commissioners to be considered. Commissioner Willhoit seconded this motion. The Chairman called for the vote. Voting aye were Commissioners Gustaveson, Whitted, Willhoit and Pinney. Voting nay was Commissioner Walker. The motion was declared passed. Chairman Whitted referred to Stem 6: Request for County financial aid to assist in construction of a sewer outfall by Mayor Cates. The Chairman was informed by the County Manager that this item should be deleted from the agenda. Item 9: The Manager recommends one additional Investigator position be created on the Sheriff's staff. The agenda attachment stated that the Sheriff had requested the authorized number of Investigator positions on his staff be increased from three to four. Last fall, he promoted one more Deputy to an Investigator's position than he had authorized positions. AS this person was a senior deputy, no salary change was involved with this promotion. The forthcoming budget proposal will recommend the authorized number of investigators be increased from three to four. The Chairman recognized Sheriff Knight, who stated that the Deputy has been working in this capacity over the past year and no additional appropriation will be necessary for the Sheriff's budget. Upon motion of Commissicner Gustaveson, seconded by Commissioner Willhoit, it was moved and adopted to approve the creation of one addi- tional Investigator position on the Sheriff's staff. Item 10: The Manager recommends the Board approve hiring a Deputy Sheriff II at Pay grade 62, step 4. The agenda attachment stated that _ the County Personnel Ordinance requixes the Boaxd of Commissioners to approve the salary of any person hired, that is to start above pay step 2. The Sheriff has an application from a law enforcement officer with more than 10 years experience in law enforcement. This person is pre- sently employed in a nearby law enforcement agency. The Sheriff requests the Board to approve the hiring of this person in Pay Grade 62, Step 4. Funds are available within the Sheriff's budget to fund this position. The Sheriff informed the Board that this law enforcement officer will be taking a cut in salary, by coming to Orange County. Upon motion of Commissionex Gustaveson, seconded by Commissioner Finney, it was moved and adopted to approve hiring a Deputy Sheriff TS at pay grade 62, Step 4. Chairman Whitted referred to Item 8 on the Agenda: The Manager re- commends execution.of a one year lease £ar office space in the Ogburn Building. The County is currently renting office space in the Ogburn Building in Chapel Hill to house Court Probation Officers. In January, the landlord raised the monthly rent on this space form $200 to $220 and has requested the County execute a one year leasd with an effective date of January 1, 1977. Since that date, we have been paying a monthly rate of $220. Upon motion of Commissioner Gustaveson, seconded by Commissioner Pinney, it was moved and adopted to approve the execution'of a one year lease for.affice space in the Ogburn Building in Chapel Hill. '. Chairman Whitted referred to Item ll: The Manager recommends the Board enact a Resolution for Sale of real estate. The agenda attachment stated that Orange County has foreclosed for taxes on a vacant lot a~n the Town of Hillsborough. This property is situated on the east side of Nash Street one hundred feet south of the Stanback School Property. The lot has 116 feet frontage on Nash Street, is rectangular in share and is 170 feet deep. The County Manager stated that he could foresee no reason- able use the County could make of this property. ~~9 Discussion ensued. The Board requested that the minimum bid be set to cover all taxes and expenses incurred by the foreclosure. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted that the Chairman be authorized to execute a Resolution for the Sale of this real estate, and that the minimum bid be set to cover all taxes and expenses incurred by the foreclosure. (For copy of Resolution of Sale, see page 160 of this book). Item 12 on the Agenda: The Manager recommends the Board of Commis- sioners endorse efforts of Regions J ~ K to secure a 1202 Planning Grant for Emergency Medical Services. The agenda attachment stated that the County Emergency Medical Services Council has. requested the Board of County Commissioners enact a resolution endorsing these efforts for Area IV. Upon motion of Commissioner Gustaveson, seconded by Coi[anissioner Pinney, it was moved aqd adopted to endorse the efforts of Regions J & K to secure a 1202 Planning Grant to assist with EM5 Planning in Health Services for Area IV. "The Orange County Board of Commissioners do hereby endorse the efforts of Regions J & K to secure a 1202 Planning Grant to assist with Emergency Medical Service Planning in Health Services Area xv" The Chairman referred to Item 13: Appointments. A. One vacancy exists an the Orange County Board of Adjustment. The Chairman stated that A. T. Davison was presently serving as first alternate to the Board of Adjustment. Upon motion of Commissioner Pinney, seconded by Commissioner Willhoit, it was moved and adopted to write Mr. Davison and inquire as to whether or not he would agree to serve on the County Board of Adjustment. Mr. Davison would replace Mr. Hilliard Caldwell on this Board. B. One vacancy exist on the Orange County Board of Social Services. Commissioner Walker stated that he was under the impression that he would continue serving on this Board until June 30, 1977. The consensus of the Board was that this was their understanding. The Board agreed to replace Mr. Walker on the Social Services Board in June, 1977. C. One vacancy exist on the Advisory Board of the Durham-Orange Employment Training Council. It was pointed out that Mr. Wes. Hare had been nominated to this vacancy, and that the County Attorney had been asked to advise the Board whether Mr. Hare could serve in this capacity, since he is :employed by Joint Orange Chatham Community Action. The .County Attorney informed the Board that he saw no problem with Mr. Hare serving in this capacity. Upon motion of Commissioner Willhoit, seconded by Commissioner Gustaveson, Wes Hare was nominated to serve an the DOETS Board. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, Wes Hare was appointed to the Durham-Orange Employment Training Countil by acclamation.' Chairman Whined referred to Item 7 on the Agenda: A Public Hearing to receive citizen input prior to development of plans for use of general revenue sharing funds has been set for 11:00 a.m. Chairman Whztted stated that now was the time for the Public Hearing to hear citizen's input concerning the use of general revenue sharing funds. The Finance Director stated that Orange County would receive approxi- mately $320,000 for the next fiscal year in Revenue Sharing funds, and that the County had $80,OD0 left over from this fiscal year. Aso The Chairman asked if there was anyone present who would like to speak to the use of these revenue funds for fiscal year 1977-1978. No one came forth. The Chairman declared that the public hearing was ended. Chairman Whitted referred to Item 14: The Tax Supervisor has recom- '.. mended the Board of Commissioners act an the following request for tax refunds. Mr. Whitted recognized William Laws, Tax Supervisor. Mr. Laws referred to the first request. A. Emma G. Goldson: Request for a 1976 tax refund of $84.15 _. Mr. Laws stated that a house on this property was demolished but not deleted from the tax records. Upon motion of Commissioner Walker, seconded by Commissioner Pinney, it was moved and adopted to grant the refund of $84.15 to Emma C. Goldson. B. Richard S. Fox: Request for a. refund of $20.p0 for 1976 tax. A mobile home on this listing was incorrectly priced. Upon motion of Commissioner Walker, seconded by Commissioner Pinney, it was moved and adapted to grant the refund of $20,00 for 1976 tax. C. Hiroshi Okada: Request for a refund of $58.64 for 1976 tax This taxpayer was erroneously assessed for 1976 tax. Upon motion of Commissioner Pinney, seconded by Commissioner Walker it was moved and adopted to grant the refund of $58.64 for 1976 tax for xiroshi Okada. b. H. Curtis Bowen: Request for refund in the amount of $573.30 for 1975 and 1976 taxes. A house not owned by Mr. Bowen was recorded as being on his lot. The Tax Supervisor stated that this was a double listing. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to grant the refund of 1975 and . 1976 taxes in the amount of $573.30 to H. Curtis Bowen. E. Stereo Sound Acoustics, Tnc. Request a refund for 1976 tax in the amount of $176.70. The Tax Supervisor stated that this inventory was incorrectly listed, and that he could not verify this assessment. Upon motion of Commissioner Pinney, seconded by Commissioner Willhoit, it was moved and adopted to deny the request for refund of Stereo Sound Acoustics, Inc. F. Alan J. Stern: Request a refund for 197.6 tax in the amount of $26.77. The Tax Supervisor stated that Mr. Stern's house was incorrectly appraised. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to approve the refund request of Alan J. Stern for 1976, and in the amount of $26.77. G. Thomas A. Patterson, Heirs: Request a refund for 1975 tax in the amount of $27.77. A mobile home listed by someone else was incor- rectly recorded as being on this land. Upon motion of Commissioner Pinney, seconded by Gomm_issioner Gustaveson, it was moved and adopted to grant the refund request of $27.77 to the Thomas A. Patterson, Heirs for 1975 tax. H. Peter R. Heath: A request for refund of $11.25 far 1976 tax. The property situated in Eno Township was recorded as being in Chapel Hill Township. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to grant the refund request of $11.25 to Peter F. Heath for 1976 tax. 153 1. M & J Finance Corporation: A request for a refund in the amount of $129.85 for 1976 tax. The Tax Supervisor stated that a mobile home actually in Nebraska was incorrectly lasted as being in Orange County. Discussion ensued. It was pointed out that the evidence was unclear as to where the mobile home actually was in.January; 1976. Commissioner Pinney moved that the refund request be' denied. This motion died for lack of a second_ upon motion of Commissioner Gustaveson, seconded by Commissioner Pinney, it was moved and adopted to deny this refund request for M & J Finance Corporation until additional evidence could be presented. --. J. Frederick P. White: A request for a refund of $50.14 for 1976 tax. Mr. Laws stated that this personal property was loaated and listed in Wayne County. Upon motion of Commissioner Gustaveson, seconded by Commissioner Pinney, it was moved and adopted to approve the refund of Frederick P. White in the amount of $50.14 far 1976 tax. The Tax Supervisor recommends the following request for refunds be denied. A. A recent survey of property owned by J. G. Nicks indicated he owns 148 acres of land. Tax records for some time have indicated Mr. Nicks' property contains 155 acres. Mr. Nicks has requested a refund for this 7 acres over assessment. Upon motion of Commissioner Gustaveson, seconded by Commissioner Pinney, it was moved and adopted to deny the refund request of J. G. Nicks. B. Mr. Peter R. Heath has requested the. late list penalty on his 1975 tax be released. The Tax Supervisor stated that Mr. Heath had stated in a letter that he was out of town during the listing period. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to deny the refund request of Peter " R. Heath. D. M & J Finance Corporation request a refund of $181.85 for 1976 tax. The owner claims that this property is located in Surry County. A check with Surry County indicated the property is not listed there. Upon motion of Commissoner Gustaveson, seconded by Commissioner Pinney, it was moved and adopted to deny the refund request of M & J Finance Corporation for 1976 tax. C. Ms. Harriet R. Stone has requested the late list penalty on her 1976 tax be released. The Tax Supervisor stated that Ms. Stone has in- formed him that she was in the hospital during the listing period. Upon motion of Commissioner Pinney, seconded by Commissioner Whitted, it was moved and adopted to deny the late list penalty request of Ms. Harriet R. Stone. E. Tax Liens on a tract listed as "Unknown" for the years 1972,1973, and 1974 were sold to J.H.H. Associates Limited. These liens totaled $96.70. Additional searching by the Tax Mapping Department has brought to light the fact the property in question is owned by Raymond Lloyd. Mr. Lloyd has paid all taxes due on this property. The Tax Supervisor stated that he was convinced that the land did belong to Mr. Lloyd, and that heirs were attempting to pay taxes on this property. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to grant the refund of $96.70 to J.H.H. Associates. 152 Item 15: The Commissioners should take the oath as members of the Board of Equalization and Review and fix a time for. sessions of the Board. All members of the Board proceeded to sign the oath which is to be notarized. "I, Commissioner , do solemnly swear (or affirm) that t will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as a member of the Board of Equalization and Review of Orange County, North Carolina, and that 2 will not allow my actions as a member of the Board of Equalization and Review to be influenced by personal or political friendships or obligations, so help me God." __. The Board agreed to schedule April 2l, 1977, and April 26, 1977 as meetings of the Board of Equalization and Review. The Board of Equali- zation and Review will adjourn on May 30, 1977. Chairman Whitted noticed that A. T. Davison had jointed the meeting, therefore, Mr. Davison was asked if he would agree to serve as a member of the Board of Adjustment for Orange County. Mr. Davison did so agree. Upon motion of Commissioner Gustaveson, seconded by Commissioner Pinney, it was moved and adapted that A. T. Davison be named to the Orange County Board of Adjustment to replace Hilliard Caldwell. Chairman Whitted referred to Item 4: Residents of Rangewood area are interested in receiving fire protection from the Town of Carrbora. The County Attorney will review various procedures to make this possible. The Chairman recognized Chief Robert 5wiger of the South Orange Fire District and Nathaniel Davis of the Rangewood area. Jeff Gledhill, County Attorney informed the Board that there were three options available for fire protection of the Rangewood area. People in the area can petition for the creation of a fire district which requires 15 percent of the resident freeholder in the area to re- quest the County Commissioners to call for an election. At that time, residents in the area vote and if a majority want the tax levy, this is all this is required. The Board of Trustee would be appointed for the fire district ar else, the County Commissioners could act as the Board for the district. That Hoard has the power to contract with an already existing fire district ar could start their own fire department. Another option would be an application for inclusion in an already existing fire district by the people in the area. This would require a majority of signatures of owners. It would not be necessary to have a continuous area under this option and no election would be necessary. The Board would contract for fire protection from an already existing agency. The third option is the creation of a service district. No applica- tion is needed, however, a public hearing would be called to define a demonstrable need for creating the service district for fire protection. The Service district must be a creation of a unitaof government before the people would be able to contract with another fire protection agency for fire protection. Chief Swiger stated that the boundaries set out are 4 miles from the South Orange Fire Department, except for the Hwy. 54 area.• The boundary only goes 2.4 miles because landowners in that area did not want fire protection. He stated that there was a need to expand to take in Rangewood. Commissioner Willhoit stated that he favored the service district option, and that he felt it was negligent to allow residential 'development without fire protection. He suggested that a 4 mile radius be mapped, then call for a public hearing and find out who is interested in fire protection, and then include these people in the boundaries. He added that you would draw the boundaries after signatures are obtained. Commissioner Gustaveson stated that he felt the most logical option is to enlarge South Orange and then set the boundaries, not necessarily con- tinuous, but to include Rangewood and not touch farmland. 153 Mr. Davis stated that there had been several fires in the Rangewood area last year and residents of the area had been bold that South Orange could not come again if fire occurred because of insurance stipulations. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted that Chief Swiger, Mr. Davis and the County Attorney work together tv draw the application for inclusion of the Rangewood area in the South Orange Fire District. .. Commissioner Gustaveson suggested that Mr. Walker, the Fire Commis- sioner keep in touch with the developments in the Rangewood area. The Board agreed to discuss the appointment of trustees to fire districts at a future meeting. Ttem 16: The Social Services Director will deliver the proposed budget of the Social Service Board for 1977-1978 fiscal year. The Board of Commissioners should tentatively approve or modify this document before April 15, 1977. ' The Chairman recognized Tom Ward, Social Services Director. Mr. Ward stated that the proposed budget figure for 1977'78 was $740,818, which includes 25 percent of the contract purchased services and $39,135 for CETA funds. These two items were omitted last year from the budget and the State sent the budget back to the Department and asked that they be included. He referred the Board to a budget summary sheet which provided a breakdown of cost of the County's Social Services programs. Mr. Ward painted out to the Board that no request had been received from Frank Porter Graham and an estimation had been made of $200,000 from the previous year's budget. Frank Porter Graham has indicated that they will submit a request for funding to the State, however, no decision has been made. Mr. Ward stated that $697,833 would be required of the County as com- pared tv $632,747 required far last year. He stated that he .hoped to -- use two CETA positions to fund general assistance programs and to add to transportation services. Salary increases were anticipated to be between 5 and YO percent with merit increases. Actually, only one position has been added to the Social Services budget, which is a Social Worker 2. Mr. Ward reviewed with the 8vard the programs in'the County which will be partially funded with Title XX monies. Discussion ensued concerning the phase dawn of Title XX monies antici- pated by 1980. Mr. Ward suggested that the Board decide what programs they wished to retain and if funds were not available, tv fund just what is possible with the available funds. Mr. Gustaveson suggested that the Board not wait to next year to speak out about Title XX allocation. He stated that even with the County picking up a significant part of the funding, it would still be more than they could possible support. The Social Service Director stated that the Legislature set up a certain amount of monies for the State to match in the 5ocidl Services Administrative budget. A percentage is set each year based an inflation and the increase in budget. With no added monies available between last year and the next year, the percentage is being cut to get the same amount of money. He added that the Legislature is the key to a portion of the funding. The State should be willing to help the County. Mr. Ward stated that the additional items in the budge included: A. Aid to Blind Program $ 4,373 B. General Assistance 24,000 C. Emergency Medical 1,000 D. Back to School 3,000 32,373 County Cost Form 1046 Line H 740,818 ` 774,191 Less CETA Funds & Contract March -- 89,884 .,.r+m nnnm mn nnTn.Tmv t C p'7 ~ A 7 154 The Board continued to discuss Item 17: A genex'al discussion of the results of the new formula for distribution of Title XX funds to be implemented on July 1, 1977. The Social Services Director stated that really none of the Counties receiving Title XX funds were happy with the formula. The Finance Director had presented to the Board a list of the 10 Counties who would receive the least Title' XX funds between ].978 and 1980. The list showed that Orange County in terms of percentage would receive the least monies and was number five in total amount. Neal Evans stated that for 1978, the figure was actually greater than 62 percent. He added that over the years, Title XX monies had lost millions of dollars for the State. He said that the State was constantly asking Counties who don't spend Title XX monies to spend more and at the same time - made no efforts at the State level to get Counties to spend more. He added that unless the State did something they would lost monies themselves within the next three years. Tom Ward stated that for the past two years, the Title XX Formula was based on the County's fair share. This formula does not take into considera- tion any efforts the Counties has made in the past to have social services programs. It is not based on current spending or what percentage of the Social Services budget over past years has been spent far services. He added that Orange County had been interested in services programs. The new formula for 1980, which is a cutback to $263,000 is based on the number of public assistance receipients in the County. He added that there was not too great a correlation of the number of people receiving public assistance, and the number of people entitled to Title XX services. He stated that many of those in the County eligible for :one type of pro- gram were not eligible for other programs. He stated that the .level had nothing to do with the numbers in the County who need Title XX services. Mr. Ward suggested that the County attack this element of the new formula. The formula says that because Orange County has a low AFDC, Medicaid and SSI caseload that Orange County should have a low need for Title XX serv-.•- ices . -- Mr. Ward stated that if you looked at the 1977-78 figures ($700,200) this was the only formula that took into consideration the current level of spending. He stated that it was logical that this current level of spending be built into the formula. Another factor to be considered is what level of service has been provided through matching funds, Mr. Ward concluded that the question was how to get the formula changed. Commissioner Gustaveson suggested that Orange County schedule a meeting with Dr. Sarah Morrow, Department of Human Resources, Howard Lee, County Commissionezs' Coordinator, legislature representatives from Durham, Guilford, and Orange Counties, and to discuss some of the issues which had been discussed today, and t o find out what is happening to other Title XX mones which the State is.'.holding. The County Manager was requested to attempt to schedule a meeting between those persons mentioned by Mr. Gustaveson to discuss the Title XX situation. The meeting should be scheduled as soon as possible. Upon motion of Commissioner Gustaveson, seconded by Commissioner Pinney, it was moved and adopted that the tentative budget submitted by the Social Services Director be endorsed, and that a letter be sent to __ the Department of Human Resources indicating that this is a tentative budget. The Board agreed that a meeting would be scheduled between the Commissioners and the Social Services Board at a later time. Mr. Ward referred to correspondence he had received regarding the Food Stamp Program. He stated that the impact of the memorandum was that Orange County and other counties were losing out on federal monies through the Food Stamp Program because the number of those eligible, are not parti- cipating. He stated that state-wide, only 37 percent of those eligible, participated in the Food Stamp Program. In Orange County, there are 21 percent eligible, who are participating in the program. One factors to consider in Orange Gounty is that those who are considered eligible are in the higher income range of the food stamp eligibility scale and they X55 would have to pay for a major portion of the stamps they would receive. This, plus the stigma of receiving food stamps has reduced Orange County's participation. The Commissioners adjourned for lunch at this point in the meeting. The Board of Commissioners were invited to a luncheon prepared by the Homemaker Clubs of the County. Mrs. M. C. Surt, Sr., President of the Homemaker County Council presented an Extension Homemakers' Report for the year and 4-H Program Assistants, Maria DiMenna and Ruth Burnett pre- sented a review of the County 4-H Programs. _ When the Commissioners reconvened from lunch, discussion continued regarding a meeting with other counties, Dr. Morrow, Howard Lee and legislative representatives to discuss the new Title XX formula. Chairman Whitted referred to Item 19 on the Agenda: The Planning Board has recommended the rezoning requests listed below be approved: The Chairman recognised Chris Edwards of the Planning Department. A. Wallace Gates - This request proposes the rezoning of about one acre from residential to rural commercial. This property is located at the junction of Hwy. #54 and S.R. #1945. There is an existing structure on this land. Mr. Edwards reminded the Board that one person did speak in opposita.on to the rezoning request at the public hearing, however, the Planning Board and the Board of Adjustment have recommended that this request be granted. Commissioner Walker moved that the rezoning request for Wallace Gates be granted according to the recommendation of the Planning Board. Commissioner Pinney seconded the motion. The Chairman called for the vote. Voting aye were Commissioners Pinney, Walker and Whitted. Voting nay were Commissioner Gustaveson and - Willhoit. The motion was declared passed. B. J.H.H. Associates - The rezoning request proposes the rezoning of --- 8 acres from agriculture to general commercial. The land is located at the intersection of Hwy. 1 5501 and Smith Level Road. A portion of the land is in Chatham County and a portion is in the Carrboro jurisdiction. Opposition to this request has been in the form of a letter from the Hertiage Hills Community Association, who feel that rezoning this land would not be in harmony with the area. Another consideration is the lack of a buffer strip. Carrboro has not taken a stand, however, their area of the property is already zoned light commercial. Chapel Hi11 request that (1) the developer of this land provide a 15 foot right of way along Smith Level Road and (2) request for a single entrance point subject to the Department of Transportation approval. (3) A minimum of 40 foot buffer of trees along Smith Level Road and (4) a buffer along the parking area which borders the residential land. Mr. Edwards informed the Board that the Planning Board has approved this request. Com¢nissioner Gustaveson asked about the service of sewer to this area. Mr. Fred Hazard, developer of the property, stated that Orange Water Sewer Authority had informed him that the pumping station in Hertiage Hills would be sufficient to handle the project providing there is no conflict with Hertiage Hi.ll's peak usage. In which case, a storage tank will be re- quested. This project will have to go.an a waiting list for sewer service. Mr. Gustaveson stated that his concern was redrawing the map for general commercial and then having to wait for sewer services. Commissioner Willhoit stated that he felt rezoning this property at this time without sewer was premature. Commissioner Willhoit moved that this rezoning request be denied. Commissioner Gustaveson seconded the motion. X56 Mr. Hazard stated that he had been assured that water and sewer is available, however, he would have to wait. Commissioner Willhoit stated that he would like to have a clearer understanding from OWASA concerning the pumping station for Hertiage Hills. Commissioner Pinney moved to table the original motion until OWASA had clearly indicated what action they will take concerning the pumping station and the availability of sewer for this area. Commissioners Willhoit and Gustaveson agreed to the amendment to table the original motion. Commissioner Gustaveson seconded the amended motion. . -- Commissioner Walker stated that he did not .see any need to delay this request 30 days. -- The Chairman called for the vote to table the original motion until OWASA had clearly indicated what action they will take concerning the pumping station and the availability of sewer for the area. Voting aye were Commissioners Gustaveson, Pinney, Whitted and Willhoit. Voting nay was Commissioner Walker. The motion was declared passed. This rezoning request will come before the Board on the first Monday in May. C. Lockridge Section A - This request proposes the amendment of an existing Planned Unit.Development Plan. Mr. Edwards informed the Board that the earlier plan showed problems in the survey. The new plan reduces the number of lots from 2D to 15. Roads for the area will be Class B and C, private roads. Upon motion of Commissioner Pinney, seconded by Commissioner Willhoit, it was moved and adopted to approve the Lockridge Section A request to amend the Planned Unit Development Plan. Mr. Edwards stated that a preliminary plat, Item 20-C, had also been submitted for the Board's approval. This preliminary plat is identical to the Lockridge Section A, Planned Unit Development Plan. Item 20-C: Lockridge Section A:- This plat proposes the subdivision of a 65 acre tract into fifteen 1 acre lots, one 5 acre lot and 41 acres of common Land. Private roads will provide access to SR #1730. Upan motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to approve the preliminary plat for Lockridge Section A. D. Lockridge Section B - Rezoning Request - This request proposes the rezoning of forty-one acres from agricultural to Planned Unit Develop- ment. Discussion ensued concerning the set back area from the creek. Mr. Edwards stated tht the drainage fields would be 100 feet from the creek. Upon motion of Commissioner Gustaveson, seconded by Commissioner Pinney, it was moved and adopted to rezone this property from agricultural to Planned Unit Development. Mr. Edwards informed the Board that a preliminary plat has also been submitted for this property. 20-D: Lockridge Section B - This plan proposes the subdivision o£ a 41 acre tract into ten 1 acre lots, one 4 acre lot and 25 acres o~ common land. Private roads will provide access to SR. #1730. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to approve the preliminary plat for Lockridge Section B. Item 20 - Preliminary Plats are submitted for the Board's approval. A. E. T. Cax'tee - This plan proposes the division of three 1~, acre lots from a 10 acre tract. A Class C private road wall provide access to SR #1713. Mr. Edwards informed the Board that a power line easement X5'7 did run through the property. 'The final plat will reflect the maintenance agreement for upkeep of the road. Commissioner Willhoit asked what were the implementations of property located on the third tier back. The Planning Director, Erwin Dobson, stated that there were some dangers ofland lock and unusable property unless roads in the area were properly planned. Upon motion of Commissioner Pinney, seconded by Commissioner Walker, it was moved and adapted to approve the preliminary plat of E. T. Cartee. B. Woodrow B. Melton - This plan proposes the division of two 1 acre . lots Trom a seven acre tract. Each parcel would front on Seven Springs Road. Mr. Edwards stated that the land did pert. The problem with this plat is the road, since residents do not want the State to maintain the road, which is presently maintained by the residents. The road does have 60 feet right of ways witl} tow way traffic. The Planning Board recommended a variance from the requirement to construct a public road to State 5pecifi-- cations. Upon motion of Commissioner Pinney, seconded by Commissioner Walker, it was moved and adopted to approve the preliminary plat of Wcodrow B. Melton with a variance from the requirement to construct a public road to State Standards. E. Hunter's Ridge - This plan proposes the subdivision of seven acres into six lots served by a private road. The concern with this plat was that Hunter Hill Place had been requested to put in private roads which are to be built to State standards. The owner has indicated he would build these roads to State standards, but does not want to dedicate a 60 foot right of way. There will be six•lots on this private road. The Planning Board approved this plat with private road built to State standards. Mx. Edwards stated that a maintenance agreement stating that the developer would maintain the road until June 1, 1979, will be approved by the County Attorney. After June 1, 1979, the lot owners will maintain the road. Upon motion of Commissioner Walker, seconded by Commissioner Gustaveson, it was moved and adopted to approve the preliminary plat for Hunter's Ridge. Item 21: The Planning Board recommends approval of the final plat of: A. M. L. Seagroves: This plat proposes the division of a 1.13 acre lot from a 13 acre tract. This property is in Eno Townsmip and fronts on 5R #1548. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to approve the final plat of M. L. Seagroves. B. Nita Honeycutt: This plat proposes the division of a 4 acre lot from a 7 acre tract. A Class C private road would provide access to Farrington Road. A variance from the required right of way width was recommended by the Planning Board. Mr. Edwards stated that the owner did have a 60 foot right of way part of the way, and a 20 foot right of way from his property line to the road. He cannot get additional right of way. Upon motion of Commissioner Gustaveson, seconded by Commissioner Pinney, it was moved and adopted to approve the final plat of Nita Honeycutt with a variance from the required right of way width. C. Walter Creech: This plat proposes the division of a one acre lot from a 103 acre tract. Both lots would front on 5R #1944, which is on the north side of Hwy. #54. Mr. Creech has reserved a 60 foot right of way for future development. Upon motion of Commissioner Pinney, seconded by Commissioner Willhoit, it was moved and adopted to approve the final plat of Walter Creech. D. Clearwater Hills: This plat proposes the division of two pre- viously recorded lots into three lots each 1.8 acres in size. Both lots will front on SR #1918. This property is located at the end of the $5~ Clearwater Lake Road. Upon motion of Commissioner Gustaveson, seconded by Commissioner Pinney, it was moved an d adopted to approve the final plat of Clearwater Hills. E. Grampian Hills: This plat proposes the revision of an existing subdivision by shortening a road to comply with the suggestions of the Erosion Control Officer. The Erosion Control Officer has investigated this area and found a natural drain ran through the cul-de-sac. He has suggested that the road be shortened to get it out of the drainage area. Upon motion of Commissioner Pinney, seconded by Commissioner Walker, ' it was moved and adopted to approve the final plat of Grampian Hills. ~'. Thomas Lawrence Summey: This plat was not recorded within the 60 day period after approval and needs to be reapproved. Upon motion of Commissioner Pinney, seconded by Commissioner Walker, it was moved and adopted to reapprove the final plat of Thomas Lawrence Summey. G. Request from Raymond Williams to reconsider his rezoning request. Chairman Whitted stated that Mr. Williams had presented a rezoning request to the Board last October to rezone property located near Blackwood Station in Chapel Hill Township from residential to general commercial. This re- quest was denied. The Zoning Ordinance states that a request can be re- considered after a l2 month period. He asked the County Attorney of his legal opinio.n.. Jeff Gledhill, County Attorney, stated that the Board could set any method of procedure they wished to for establishing zoning matters, however, the method they should follow should be as set out in the Zoning Ordinance which requires a 12 month waiting period before reconsideration. Commissioner Walker asked if one of the majority voters to the motion _ to deny the rezoning request should ask that the request be reconsidered. The County, Attorney stated that his opinion would be to follow the zoning procedures. Mx. Williams stated that from maps he had seen of the property in question, it was shown as future commercial. The back side of the pro- perty has 40 acres of commercial zoned property. On one side of this property is a trailor park and on the other side is a commercial business. Property across the road is a graveyard. He stated that the property is totally surrounded by commercial property. It was pointed out that a mobile home park is not commercial use. Chris Edwards stated that the area consisted of three zoned mobile home parks, one general commercial zone, two non-conforming uses and the graveyard, which is zoned residential. The Chairman asked if there were any questions of Mr. Williams. He then informed Mr. 'Williams that he could present this request again after 12 months from the original date of the denial. Mr. Whitted recognized Edgar Long from the Cedar Grove Community, who was present to present petitions from that area to the Board of Commissioners requesting fire protection. Mr. Long stated that he had over 200 names of petitioners from Cedar Grove Township. Upon motion of Commissioner Walker, seconded by Commissioner Gustaveson, it was moved and=adopted to accept the petitions and to support the request of Cedar Grove Township for fire protection. (For copy of Resolution calling for referendum for Fire Districts see page 161 of this book.) Chairman Whitted requested that Mr. Lang, or members from the Steering Committee submit to the Board recommendations of three persons to serve as Trustees for the Cedar Grove Fire District. The Board scheduled Wednesday, April 6, 1977, at 7:20 p.m., as the ~5~ meeting to receive the petitions from Little River (Caldwell) for fire protection. Item 18 on the Agenda: Will the Board fix per diem or same other method of compensation for members of the Interim Health Board. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to pay 15~ per mile to members of the Interim Board af'Health for travel expenses to Board meetings. Chairman Whitted reminded the Board that in November of 1976, the Board had requested that Orange County be declared a natural disaster -' area as a result of the prolonged drought and in. order that farmers can purchase grain at•a reduced rate. He informed the Board that this approval had been granted and that farmers in Orange County could make application to purchase this grain from March 2 to April 30, 1977. The Chairman brought to the Board's attention the Joint Orange Chatham Community Action contracts for use of the Cedar Gxave buildings. Commissioner Willhoit stated that JOCCA needed to know of the concerns of the Board of Commissioners so that they could begin to move with plans. Some members of the Board stated that they felt the contracts were in line with what the Commissioners expected, however, Commissioner Pinney stated that he was concerned with JOCCA sub-leasing a county owned building. He stated that he felt the agreement should be with the County and not with JOCCA. The Board agreed to discuss this item further on the third Tuesday; in April. Chairman Whitted informed the Board of a public hearing to be held April 26, 1977, at 7:30 p.m., in the District Courtroom of•the Courthouse _ to discuss the reconstruction of a bridge over the Ena River on SR #1144 near Hillsborough. He added that maps of the area were on display at the Hillsborough Town Ha11. The meeting was adjourned. ~ ;. ,•7 ~ . Richard Whitted, C airman Agatha Johnson, Clerk ~.so i YJI,y SYON. CP LEMAN I a HERNMOtZ i ATTORNHY9 As LaW ~ CHATCL HILy K. C. j N~LLS80ROUaN. N. C. NORTH CAROLINA ORANGE COUNTY NOTICE OF SALE Under and by v~.rtue of a resolution by the Baatd of Commissioners of Orange Caunty which was approved on the 4th day of April 1977, Orange County will sell for cash, to the last and highest biddex at public auction, at the eount- house door in Orange County, North Catalina, at 12:00 Noan, on the l9th day o£ May 1977, that certain tract of property owned by Orange County, and more particularly described as follows: Bounded on the North by the property of the Jennie Shanklin heirs, as shown in the records of the tax Supervisor of Orange Caunty; on the East by Lot No. 200 of the.plat of the Town of Hillsboxaugit,.:.;... said plat xecorded in Plat Book 6, Page 99, Orange County Registry; on the South by Lot No. 207 of the plat of the Town of Hillsborough; and on the West by Nash Street; the same being a part of Lot No. 239 of the plat of the Town of Hillsborough, sa3.d lot having been conveyed to London Roberson and recorded in " Aeed Book 64, Page 70, Orange County Registry. - The highest bidder at the public auction shall be required... to make a cash deposit of ten percent (ZO%) of the successful bid, pending acceptance and confirmation by the Board a£ Commissioners of Orange County. This sale shall be made subject to all outstanding taxes and all local. improvement assessments against the above described tract of property. i This the ~ day of j~~~ _~ 1g77_ R CHARD E . WIiITTED , Chairman of the Board o£ Commissioners ' of Orange County ~:~ i WINSTON, COLEMAN & BERNNOLZ ATTOIiN [YS pT LAW GMAPCL MILL N. G. MILLSBOROIIaM, N. C. 1 NORTH CAROLINA ORANGE COUNTY RESOLUTION WHEREAS pursuant tp N.G. Gen. Stat. § 69-25.1 a petition has been submitted to the Board of Gaunty Commissioners of Orange County for the establishment of the Cedar Grove Fire District and for the calling of an election in the said district for the purpose of submitting to the qualified voters therein the question of levying and collecting a special tax on all taxable property in said district, of not exceeding fifteen cents ($.15) on each one hundred dollars ($100.00) valuation of property for the purpose of providing fire protection in said district; and WHEREAS as required by N.C. Gen. 5tat. § ~9--25.1, the said petition for the Gedar Grove Fire District has been signed by fifteen percent (15~) of the resident freeholders living in the said district; and WHEREAS pursuant to N.C. Gen. Stat. § 69--2 S.1 a petition has been submitted to the Board of County Commissioners of Orange County for the establishment of the Little River Fire District and for the calling of an election in the said district for the purpose of submitting to the qualified voters therein the ques- tion of levying and collecting a special tax on all taxable property in said district, of not exceeding fifteen cents ($.15) on each one hundred dollars ($1D0.00) valuation of property for the purpose of providing fire protection in said district; an WHEREAS as required by N.C. Gen. Stat. § 69-25.1, the sand petition for the Little River Fire District has been signed by fifteen percent (15~) of the resident freeholders living in the said district; and WHEREAS the Board of County Commissioners has consulted with the Orange County Board of Elections with respect to a date for the elections aforementioned; ~~~ Page Two wIN S70 N. COLEMAN A 96RNHOL2 wrroRWers wr Lnw CWApe4 HILL. N. G W ILLS9pROUOW. H. C. YT IS THEREFORE RESQi,VED as follows: 1. The Orange Gounty Board of Elections is respect- fully directed to hold and conduct an election in the Cedar Grove Fire District for the purpose of determining those in favor ar~d those against levying a tax in said district £or fire protection therein. Said election shall be held pursuant to the relevant provisions of N.C. Gen. Stat. § 69-25.1 et sea and N.C. Gen. Stat. § 163-1 e't seq. 2. The Orange County Board of Elections is respect-- fully directed to hold and conduct an election in the Little River Fire District far the purpose of determining those in favor and those against levying a tax in said district for fire protection therein. Said election shalX be held pursuant to the relevant provisions of N.C. Gen. Stat. § 69-25.1 et seq and N.C. Gen. Stat. § 163-]. et seq. 3. The date and time for the elections set out above shall be ,Tune 14, 1977, between the hours of 6:30 a.m. and 7:30 p.m_ 4. 7'he Orange County Board of Elections shall cause a notice to be published in the News of Orange County on April 21, 1977, advertising each of the said elections as provided by law and advertising the fact that all unregistered voters in the said districts must register by May 16, 1977, in order to be eligible to vote in the said elections. 5. The Orange County Attorney shall cause a copy of this resolution to be delivered to the Orange County Board of Elections by delivering same to its Executive Secretary. Upon motion duly made and seconded, the foregoing resolution was passed by the following vote: Ayes: Commissioners Gustaveson, Pinney, Ldalker, Whitted and Willhoit. Noes: None 1~3 -~ 2, Agatha R. Johnson, Clerk of the Orange County Board of County Commissioners, DO HEREBY CERTIFY that the foregoing is a true cppy of sa much of the recorded proceedings of a meeting of the Orange County Board of County Commissioners held on April 6, 1977, as it relates to the resolution herein- above set forth. WITNESS m~ hand and the official seal of said Board this' day pf , 1977. AGA A R. JOHN N, Clerk of the '" ~' Board of County Commissioners ' ~~ ;,~ .`~ .: ~,~ Page Three WINSTON. COLEMAN 8 BERNNOLZ ATTORHiTB AT LAW GNAPEL N1µ. N. C, N1LI SBOROI/GM. N• C.