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HomeMy WebLinkAboutMinutes - 19771107~'.1' li Upon motion of Commissioner Walker, seconded by Commissioner Gustaveson it was moved and adopted to implement the repair work and the engineering work on the Lake Orange Dam and if the waters of Lake Drange are at a safe level, to continue with the construction, if the Lake is not at a safe level, the construction will be deferred until such time. Item 6: The Department of Transportatien recommends the roads in Morgan Creek Hills Subdivision be added to the State Road System for maintenance. Upon motion of Commissioner Pinney, seconded by Commissioners Gustaveson, it was moved and adapted to accept the recommendation of the Department of Transportation that roads im the Morgan Creek Hi17~ Subdivi- sion be added to the State Road System. The meeting was adjourned. a Richard E. Whitted, Chairman Agatha Johnson, Clerk MINUTES ORANGE COUNTY BOARD OF' COMMISSIONERS NOVEMBER 7, 1977 The Orange County Board of Commissioners met in regular session on Monday, November 7, 1977, at 10:00 a. m., in the Commissioners' Room of the Courthouse in Hillsborough. Members present were Chairman Richard Whatted, Commissioners Norman Gustaveson, Jan Pinney, Norman Walker, and Donald Willhoit. Others present were S. M. Gattis, County Manager, Neal Evans, County • Finance Officer, Jerry Robinson, County Health Administrator, Jeffrey Gledhill,, Ceunty Attorney, and Agatha Johnson, Clerk. to the Board. The Chairman referred to Ttem 1 on the agenda: Persons not on this agenda having business to transact with the Board of County Commissioners should make their presence known in order that an appropriate time for them to be heard might be arranged. The Chairman stated that the Board had received a request from the Hyconeechee Regional Library Board that the Week of November 14 through 2Q, 1977 be declared Children's Book Week in Orange County. Upon motien of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted that the Week of November 14 thrcugh 20, 1977, be declared Children's Book week in Orange County. "WHEREAS, Orange County children have available through public and school libraries quality materials that enrich a child's life; and WHEREAS, these materials used early in a child's life begin a reading foundation that will last through- . out a child's lifetime; and WHEREAS, Children's Book Week annually renews the emphasis on children's books and reading; THEREFORE, we proclaim the week of November 14 through 20, 1977 CHILDREN'S BOOK WEEK IN ORANGE COUNTY, and commend this observance to out citizens." Duly adapted this the 7th day of November, 1978. t~ !; The Chairman introduced to the Board Jerry Robinson, the County Health Administrator. Mr. Robinson stated that he wished to focus his efforts upon improving health services in the County. He stated that areas of interest are environment as related to good health practices, primary health care and preventive health care. He stated that he looked forward to working with various agencies and boards within the County. Ms. Betsy Farrington appeared before the Board and asked that the Board investigate the possibility of paving three-fourths of State Road 1945. One portion of this road cannot be paved due to a right of way problem. The Clerk was requested to write Mr. Jones, District Engineer to inquire about this passibility. Item 2: Minutes of Board meetings held October 18 and 24, 1977, are submitted for consideration. 'Ihe October 18th minutes were reviewed and the Clerk was asked to insert a clarification from her memorandum of October 18, 19.77. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to approve the October 18, 1977 minutes. The October 24th minutes were reviewed and upon motion of Commis- sioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to approve the October 24, 1977 minutes. Item 3: The Manager-recommends the Commissioners concur with the recommendation of the State Department of Transportation to add .03 miles of rand in the Hideaway Estates Subdivision to the State road system. Upon motion of Commissioner Pinney, seconded by Commissioner Walker, it was moved and adopted to accept the recommendation of the Department of Transportation to add .03 miles of road in the Hideaway Estates Sub- division. Ttem 4: The Manager recommends Homestead Exemptions be approved for Grace P. Albright, Mrs. Edna Apple, Alberta May Adams, Nora R. Bivins, Mrs. ,7. D. Blake, Tassel Cousin, Walter L. Enock, Lila King, Walter T. McKee, Fred Clay Patton, Lorena C. Pendergrass, Brice Poteat, Myrtle Smith Taylor, George O. Thompson, and Minnie Collins Wagner. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to approve the list of names submitted to the Board for Homestead Exemptions. Item 5: The Manager recommends the Board of Commissioners concur with the recommendation of U. S. Corps of Engineers dealing with modifi- cation of the Flood Plain Analysis Survey planning in Orange County. Commissioner Walker moved to accept the Manager's recommendation. Commissioner Gustaveson asked that -phis item be delayed until members of the County Planning Staff were present to present the Floor Plain maps. The Chairman declared the motion of Mr. Walker died for lack of a second. Item 6: The Manager recommends execution of an Agreement of Release officially approving the negotiated property settlement between Orange County and the District Health Department. The County Attorney informed the Board that personal property from the District Health Department had been agreed upon and is_acceptable to the Finance Officer. With the execution of the Agreement, Orange County will be released from obligations to the District Health Board. The Finance Officer stated that $30,000 of the $60,491 was earmarked in the 1977-78 budget. The remaining $30,491 will show as excess revenue until budgeted. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted that the Chairman sign the Agreement of Release between the County and the District xealth Department. (For copy of Agreement and Mutual Release, contact Finance Office), 11 .. .~ ~ ., Item 7: The Manager recommends $1,500 be provided from the Contin- gency Fund to acquire additional courtroom furniture. The agenda attach- ment stated that a presiding judge in the Orange County Superior Court had strongly requested additional courtroom furniture and equipment. The estimate of this cost is approximately $1,500. The monies appropriated in this year's budget of court purposes have been exhausted, and the Manager recommends a transfer of funds be approved. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to approve the transfer of $1,500 from the Contingency Fund to acquire additional courtroom furniture. (For copy of Budget Amendment, see page 417 of this book.) Item 8: Appointments A. One vacancy exists on the Carrboro Planning Board. The term of Toy Cheek having expired,. The Carrboro Planning Board recommends Mr. Cheek be reappointed. Commissioner Walker suggested that all appointees being appointed by the Commissioners submit a resume of their experience. He stated that he did not know Mr. Cheek and would like to have this information before the appointment is made. Commissioner Willhoit moved that Toy Cheek be reappointed to the Carrboro Planning Board. Commissioner Gustaveson seconded the motion. Voting aye on the motion were Commissioners Gustaveson, Pinney, Whitted, and Willhoit. Voting nay was Commissioner Walker. The motion was declared passed. The Clerk was requested to prepare a resume form to submit to the various boards, to which the County Commissioners make appointments, and to request that all County appointed members fill out this form for future reference. It was further requested that a check be made of the out-of- town appointees to the Mebane Planning Board. B. The term of Ms. Sherry Wogen on the Carrboro Planning Board has expired. The County Manager informed the $oard that recommendations from the Carrboro Planning Board would be forthcoming. The Clerk will submit a resume form to the Carrboro Planning Board for their use. C. One vacancy exists on the Orange-Person-Chatham Mental Health Board. The Chairman asked that this appointment be deferred until the next meeting. Item 11: The Manager recommends a contract for the services of a Physical Therapist in the Health Department be approved. The agenda attach- ment stated that the Board of Health has recommended a contract for the services of a Physical Therapist be approved by the County Commissioners. This contract is identical to one presently in force which ran for a period ,. of ninety days. Renewal of the current contract is desired, however, the therapist will not be available= beyond the termination of the current con-• tract. The Board of Health is requesting the Board authorize the Chairman to execute a contract for these services when a physical therapist is lcoated. Discussion ensued as to whether or not it is necessary for the Board to execute a contract for services in the .Health .Department. The Hearth Administrator was asked to investigate whether or not another party is in- volved in these contracts, and will report his findings to the Board. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to approve the contract for services of a Physical Therapist in the Health Department. Item 12: Will the County agree to construct jointly with the Town of Hillsborough a sewer pump station and 2300 feet of force main to serve an industrial ar•.ea east of Hillsborough. The County Manager informed the Board that a small electronics firm presently located in Durham, and employing approximately 50 peopel, has obtained an option on a tract of land located east of Hillsborough, and wishes to relocate to this area. The firm would have a facility valued at about $500,000 after construction. The Town of Hillsborough has requested ~~w the County enter into an agreement with the Town, whexeby the Town will construct the pump station and install the force main, and the County will pay for the material. The estimated cast of this project to the County is $9,500. The firm is planning to expand its business from 57 to approximately 150 employees over the next few years. Mr. Gattis painted out that this area of Hillsborough is zoned industrial. Mr. Whitted informed the Soard that up to about 750 people could be served on this proposed line, which could possible be an attraction to other small businesses which might want to locate in the area. Commissioner Gustaveson stated that the County was getting a number of cases such as'this one and he felt the County should very soon appoint a study group to develop a sewer line policy for the County. He suggested that the County move forward with negotiations with the Town of Hillsborough and the Industry and at the same time attempt to develop a sewer line policy. Upon motion of Commissioner Walker, seconded by Commissioner Gustaveson, it was moved that the County participate in the joint venture with the Town of Hillsborough up to a cast of $9,500. Commissioner Willhoit asked that the motion be amended to state that the County will continue negotiations and at the same time the County should look at the Town's water-sewer rate structure and tax fees. He suggested further that the County reserve the additional tap on privileges to that pump station until some of the problems. have been resolved. Commissioner Gustaveson asked the Board to vote on the original motion as stated and then request the County Manager to negotiate with the Town of Hillsborough regarding tap on fees of industry and residents, to investigate the prospective tax base to the County and job opportunities that will be- come available. The Chairman called for a vote on the motion and all members of the Board voted aye, The County Attorney was asked to draw up an agreement allowing the County Manager flexibility to have certain conditions written into the agreement, if the Town of Hillsborough is agreeable. The County Manager was asked to provide the Board with the in-town and out-of-town water and sewer rates for the Town of Hillsborough. Item 13: The Manager recommends Soard approval of moving expenses of $1,512.39 for the Health Director. Funds to cover this expense will come from the Health Department Personnel appropriations. The County Manager informed the Board that presently there is no County policy regarding moving expenses in the Personnel Ordinance. The Finance Officer proposed to the Board that the County Attorney and Finance Officer develop such a policy. Upon motion of Commissioner Gustaveson, seconded by Commissioner Willhoit, it was moved to approve the moving expenses for the Health Director. Commissioner Pinney raised the question of whether this expense was included or agreed upon in the original employeen£ agreement. He stated that he was concerned that the Health Board had indicated this to Mr. Robinson when no policy had been adopted. Commissioner Willhoit, a member of the Health Board, stated that a consensus of the Health Board was to pay the expense, yet 'the decision was to be-left up to the County Manager. Commissioner Walker stated that he felt this was not the proper way to conduct County business. The Chairman called for a vote on the motion. Voting aye were Commissioners Gustaveson, Whitted and Willhoit. Voting nay were Commis- sioners Pinney and Walker. The motion was declared passed. The County Managez was asked to set up guidelines for job levels and the Manager would then approve the positions that would be granted moving expenses. This will be included in the County's Personnel Ordinance. -.~ Commissioner Willhoit stated that he felt since laspe salaxy was accuring due to the vacancy of an administrator, it was the intent of the Health Board to pay the moving expenses from that source. Item 14: The Manager recommends approval of the Preliminary Assess- ment Role for the Morgan Creek Hills paving project. The County Attorney presented a Resolution "Preliminary. Assessment Role for the Financing by Orange County of a portion of the Local Share of the Cost of Paving Bayberry Drive, Azalea Drive, and Azalea Place, roads lccated in Section 2 of Morgan Creek Hills Subdivision located in Chapel Hill Township, Orange County, North Carolina". The Chairman read the resolution to the Board and upon motion of _. Commissioner Walker, seconded by Commissioner Pinney, it was moved and adopted to approve the Preliminary Assessment for the Morgan Creek Hills paving project. (For copy of Resolution, see page 41.8 of this book.) Item 15: The Manager submits the attached Report of Bidding Results and recommends acceptance of the low bids received. These bids fall within appropriations made for this purpose. Upon motion of Commissioner Gustaveson, seconded by Commissioner Willhoit, it was moved to accept the Manager's recommendation of the low bid of Love Chevrolet. The County Manager asked that the Board act on the purchase of one cargo van and three passenger vans. He stated that the Sheriff had asked that action on the six police vehicles be deferred in order that he may have additional time to evaluate the vehicles. Commissioner Gustaveson amended his motion to include the low bid of Lave Chevrolet for one cargo van and three passenger vans only. The Chairman called for the vote on the motion and all members of the Board voted aye. The motion was declared passed. (For copy of bid results, see page 424 of this book.) Mr. Gustaveson asked that the EPA rating of motor vehicles be included in future bids. Chairman Whitted read to the Board a letter from John Watkins, Divi- sional Engineer with the Department of Transportation. The letter stated that the Board of Transportation has approved Orange County's request that the priority rating of Secondary Roads for 1977-78 Improvement Program be changed. The modified priority rating for 1977-78 is as follows: (1) State Road 1009, Old Highway 86 (2) State Road 1732, Piney Mountain Road (3) State Road 1368, Will Wade Loop Road (4) State Road 1561, Lawrence Road (5) State Road 1901, Laurel Hill Road The Clerk was requested to forward a letter of thanks to Messrs. Watkins, Flemings, and Mr. Janes. The meeting adjourned for lunch. Item 9: Items from the Planning Board for consideration. Final plats - A. Foxlair - This plat depicts 19 lots in Chapel Hill Township to be serviced by a Class B private road. The Planning Board unanimously approved this plat subject to conditions that: 1) the County Health Department approve the waste disposal system for each lot, and 2) a thirty foot strip of roadway connecting the development with paved state highway system be paved at the developer's expense. Condition number one has been fulfilled, and arrangements have been made to comply with condition number two. Mr. Grey with the Health Aepartment has stated that there is a possibility that Lots 16 and 18 may have to be combined and should not be sold until further tested, unless they are combined. ~~~ Upon motion of Commissioner Walker, seconded by Commissionnr Gustaveson, it was moved and adopted to approve the final plat of Faxlair with the con- dition that the plat be labeled according to the provision set forth in the Subdivision Ordinance, or else these lots meet Health Department's standards. B. Final Plat of Clyde Bowden, Phase I This plat depicts nine two-acre lots originally presented to the Board of Commissioners as a preliminary plan. The Planning Board unani- mously approved this plan conditioned upon Health Department approval of the waste disposal system on each lot. The Health Department has approved the waste disposal system on seven of the lots shown on the plat, but cannot locate two lots because of inadequate ground identification of this pro- perty. The Manager recommends approval of this plat be withheld pending final Health Department approval of the entire plat or that the plat be modified to approve only the seven lots that have Health Department endorse- ment. Eddie Kirk from the Planning Staff, stated that the nine lots would be cut from a 92 acre tract located in.Chapel Hill Township near Jones Ferry Road, on State Road 1946. Commissioner Walker moved that the plat be approved. Commissioner Pinney asked that the motion be amended to clarify that Lots 22 and 23 must perk or that this be stipulated on the Final Plat. Commissioner Pinney seconded the motion of Commissioner Walker. Discussion ensued concerning the lot lines between Lots 22 and 23. It was felt that these lines could be identified by Mr. Bowden without requiring a survey. Mr. Bowden stated that Mr. Dobson from the District Health Department, had approved these lots, however, when this approval was obtained, the design of the lots was different. Mr. Bowden was asked to attempt to locate lot lines for Lots 22 and 23 and have Mr. Grey to test the soil. Mr. Bowden and the Planning Staff will present this final plat again to the Board on November 15th if this -- information is available. Commissioner Finney withdrew his second and the Chairman declaxed the motion of Commissioner Walker died for lack of a second. Item 5: The Manager recommends the Board of Commissioners concur with the recommendation of U. S. Corps of Engineers dealing with modifioa- tion of the Flood Plain Analysis Survey planning in Orange County. The agenda attachment stated that in 1875, Orange County residents became eligible to acquire flood insurance if the County executed an appli- cation for this type coverage under the Federal Flood Insurance Program. In 1976, an application for this insurance was approved on a temporary basis pending a flood plain study in Orange County by the U. S. Corps of Engineers. In September of that year at a joint meeting with the Carps of Engineers, streams that contributed to flood problems were identified and marked for study at the appropriate time. Since that date, the Corps has modified its guidelines relating to identification of streams to be studied by terminating study of each stream at the point where its upstream watershed becomes less than one square mile. The rationale for this deci- sion is, watersheds of this size do not contribute significantly to down- stream flooding. The Corps would like to modify the area of study in Orange County to reflect their current policy. Maps showing the proposed modification have been filed in the County Planning Office. As these modifications are not major and do not affect the availability of flood plain insurance in Orange County, the Manager recommends the Commissioners agree to the Corps' proposal. The County Manager presented a map which identified the streams. It was pointed out that one of the streams, Old Field Creek, was a creek which •the proposed I-40 Highway would cross. Mr. Pinney suggested that this should be noted and become a part of the information gathered in opposi- tion to I-40. Upon motion of Commissioner Pinney, seconded by Commissioner Gustevason, it was moved and adopted to accept the Manager's recommendation to agree to the Corps' proposal except for Old Field Creek. Commissioner Pinney Y ~~ suggested that stream flow and sedimentation and other pertinent information be gathered concerning Old Field Creek since 2-40 would cross this stream. Item 9-C Rezoning Request of Thomas F. Gates This land is located on Lawrence Road in Eno Township, and in a residential zoned area. Mr. Gates is requesting a 3 acre area be rezoned general industrial. This proposal for rezoning was considered at the August Public Hearing. In a subsequent meeting, the Planning Board voted to recommend this rezoning not be granted. Later, in the same meeting, the Planning Board voted to recommend the rezoning be granted if certain restrictions (conditions of use) be attached to the Commissioners' resolu- tion of approval. The County Attorney and the Ceunty Manager have discussed this issue. and they feel the Commissioners should consider the Planning Board's recom- mendation to deny, then act upon the request for rezoning. The County Attorney feels further, however, that the Planning Board's second action ' (an effort to impose a restricted use) is indicative of their feeling that there should be same feature in any new County Land Use Ordinance that recognizes the desirability of the special use concept. The County Attorney will review his interpretation of the effect of the Planning Board's action. The County Attorney stated that at the Planning Board's meeting, a motion was made that the Gates Rezoning Request be approved, and this motion failed. However, there was an amendment tacked to the motion that was to request the County Attorney whether or not the hearing was legal due to the fact that the tract of land advertised was advertised as 1.6 acres and the actual size of the land to be rezoned is 3 acres in size. Mr. Gledhill stated the answer to the legality question depended upon who would be suing. If Thomas Gates wants to raise question about whether or not the denial of the rezoning requst is legal, he probably would not have standing to, raise the question of whether the advertising was wrong because if anyone would benefit, Mr. Gates would. On the other hand, if the rezoning request was approved, since the size was less than it actually is, some other tax payer might have standing to raise the question of proper advertising of the public hearing. Mr. Gledhill stated that he did not feel it necessary to conduct another public hearing. In the County Attorney's opinion, the action of the Planning Soard in not recommending approval of the rezoning request is the only action of the Planning Board which has any affect in the sense that this is the only action the Planning Board has taken and which the Board of Commissioners can act on. He stated that it was his opinion that the County Zoning Ordinance did not provide for approval with conjunction of the execution of restrictive covenants between Mr. Gate. and the County. He suggested that the Board take this as a recommendation from the Planning Board that such a provision be included in the Ordinance as an amendment to allow the Planning Board flexibility in special use permits, and etc. Mr. Gledhill stated that the Board .should act an the request which was presented at the public hearing of August, and the recommendation from the Planning Board is that the request not be granted. A. W. Turner, Attorney for Mr. Gates, stated that he disputed the County Attorney's opinion regarding the legality of the recommendation of the execution of restrictive covenants. He stated that the intent of the framework of the Ordinance was to arrive at the best decision that can be made. He stated that N. C. Courts have long upheld the enforability of restrictive covenants. Commissioner Willhoit moved that the rezoning request be denied and Commissioner Gustaveson seconded the motion. Mr, Willhoit stated at the August public hearing there were six people - who spoke against the request. Their complaints were primarily in regard to the dust and the noise that would be generated based on the experience of the operation at its current location. He added that he was opposed to granting the request because an industry would be out of character with the residential nature of the area. From what residents had stated at the hearing, they are opposed to the request as its current use and not on the basis of the passibility of other industries which might locate there. Commissioner Gustaveson stated that good long range land use planning should take into account the integrity of the residential area, and not possibly destroy that integrity by opening the area up far industrial use. He added that he felt the people in the neighborhood were concerned about ~. what the granting of this request would do to thei,z px'R~Bx'ty values, The Chairman called for the vote on the motion and all members cf the Board voted aye. The request was declared denied. The Clerk was requested to forward to members of the Planning Board the Board's reasons for denying the request and the County Attorney's opinions. The Clerk was asked to forward a formal reply to the Planning Board that if they feel the Zoning Ordinance should be amended to include some special use concept, they should work through the Technical Advisory Subcommittee. Item 10: Reports from the Planning Department A. Township Planning Councils Progress Report The Chairman recognized the Planning Director, Ervin Dobson. Mr. Dobson stated that the Planning Councils were moving very smoothly in Bingham, Cheeks, and Hillsborough Townships. The other Townships will move more smoothly as soon as procedural matters are cleared up. B. Subdivision and construction activity during the month of October. The Planning Director filed with the Board a report of land transfers in the County during the month of October. He added that the data from July through September would be forthcoming to the Board during this week. Commissioner Willhoit stated that at the Balanced Growth and Economic Development Conference of November 2, 1977, there was speculation that most growth occurred in Chapel Hill Township. Recent statistics show that Orange County has increased in population by 19 percent between 1970 and 1975. The Planning Department's breakdown of the number of households for that period by townships show a 60 percent increase in Bingham, 5 percent in Cedar Grove, 23 percent in Cheeks, 48 percent in Eno, 62 percent in Hillsborough, and 24 percent in Little River. The Chapel Hill percentage is not available. Mr. Willhoit stated that in same townships the rate of increase of households was exceeding the County as a whole, that percent- agewise Chapel Hill is not the leader in the increase of households. The Planning Director, Ervin Dobson, submitted to the Board a letter of resignation, which he had directed to the County Manager. The resigna- tion of the Planning Director is effective November 30, 1977. Item 17: Dr. Robex't Hanes, Superintendent of the Chapel Hill-Carrboro School System, will review a proposal for acquisition of the Lincoln Gymna- sium, being submitted to the School Board by the Town of Chapel Hi11. The Chairman recognized Dr. Hanes who stated that the proposed joint development of the Chapel Hill-Carrboro School/Recreational Facilities was an effort of three years of various study groups. The proposal presented to the Board today combines the proposal from the Town of Chapel Hill that certain funds be spent on Phillips, Ephesus and Culbreth School sites in exchange for the expenditures of those funds, and that a long term lease be undertaken between the Board of Education and the Town of Chapel Hill in relation to the Lincoln Gymnasium and to the shop building on that property. The Town of Chapel Hill proposes to invest $150,000 in funds at those three school sites as a part of this arrangement. Dr. Hanes stated that the proposal foz the investment of funds in these school sites has considerable appeal to the Board of Education because of the high cast discovered in the bids of construction for the Junior High School's play- ing fields and facilities. This arrangement would make it possible for the Board of Education to proceed with full development. As related to Lincoln Gym, the Town of Chapel Hill proposes to admin- ister the Lincoln Gym for recreational purposes. They propose to assume the full maintenance responsibilies over the life of the lease agreement. Commissioner Pinney stated that he felt the proposal should cover all of Orange County and not just Southern Orange. Dr. Hanes stated that he felt this would be no problem. Commissioner Willhoit stated that the County Recreation Advisory Council has been dealing with recreation programs in the areas outside the Chapel Hill School district and have discussed types of activity to become in- volved with. One way that the County could provide countywide recreation is ~w. through the provision of facilities. He stated that since additional monies is needed to complete the project, he is wondering what shortfalls the County School System may be experiencing in their capital needs and what the needs will be come budget time next year. Mr. Willhoit suggested that the two Boards pursue this issue and no action be taken by the Chapel Hill- Garrboro Board of Education. Dr. Hanes stated that the School Board would meet this evening and had planned to make a decision on this matter. Commissioner Gustaveson stated that he was in favor of the concept of the joint development of the facilities, however, he was concerned with the question of Lincoln Gym and felt the County Recreation Council should be involved regarding its use, as well as the Chapel Hi11 and Garrboro Recreation Commissions. Dr. Hanes asked that the Board of Commissioners arrange a meeting with the Chapel Hill-Garrboro School Board as soon as possible to discuss this' proposal further. ~ Commissioner Willhoit stated that there appeared to be two areas of thought, the gym and the fields. It should be decided whose responsibility it is to provide funds. He stated that it appeared to him to be a County responsibility and the County Board should have some feel as to where they stand. He added that it is essential tc the County Recreation program that the County Recreation Department administer the Lincoln Gym in order to provide facilities for residents in that end of the County. Mr. Willhoit moved to request the School Board to delay entering into any contract that binds the use of Lincoln Gym. Further discussion ensued. Commissioner Gustaveson stated that he did not wish to delay the main devllopment of the proposal, but to get some willingness on the part of Chapel Hi11 to discuss further some mechanism by which Lincoln Gym would be administer during this 30 year period. If an agreement is signed that this area be left open until all paxties sit down and discuss some mechanism or guarantee of use over this period. Discussion continued. The Chairman declared Commissioner Willhoit's motion died for lack of a second. The Board decided to meet with the Chapel Hill-Garrboro Board of Education at the regular meeting this evening at 7:45 p.m. to discuss the matter further. Item 16: The Board should develop a mechanism to consider proceedings of the Human Services Delivery Conference. Chairman Whitted asked that the Planning Committee take the information developed at the October 28 and 29 conference and do either one or two things. See if there are specific recommendations to the Board of Commis- . sinners for action or need for any. follow-up conference. 2) Need for a County wide Conference on needs assessment and there was mention of a six month follow up conference. Commissioner Gustaveson stated that an evaluation meeting had been scheduled for November 21st of the Planning Committee. Chairman Whitted suggested that those attending the Conference who serve on various boards, should go back to their Boards and discuss what happened at the Conference and to use what was developed in the conference. Input should be funneled back to the Flanning Committee. Item 18: JOCCA has requested the County modify certain electrical circuits in the Northside School that will enable them to install an electrical dishwasher. This work is estimated to cost between $800 and $1,000. The County Manager stated that this would improve electrical service in the building, however, this is not all that needs to be done to the electrical service in order to renovate the building. upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson it was moved and adopted to approve modifications to certain electrical circuits in the Northside School for the JOCCA Program. w ,~ Commissioner Willhoit inquired about the confiscated vehicles parked in the Caurthoue parking lot. The County Attorney stated that a judgment had been obtained and has been turned over to the Sheriff's Department for execution. Commissioner Pinney moved that the meeting adjour . ~^ ~i ar t ed, hairman Agatha Johnson, Clexk ORAPlGE COUNTY 1977-78 BUDGET ORDINANCE ' .. _ _ Ah1ENDi~IENT .. The 1977-7$ Budget Ordinance of Orange County as adopted.on June 22, 1977, and subsequently amended, is hereby amended as follows: - Change the appropriation for the following line items in the funds indicated: INCREASE FUNDITEP4 (DECREASE TO TOTAL General Fund: Corranunity Maintenance Courts-Equipment 1,500 2,500 Contingencies (1,500) 133,988 Change the revenues and fund balances estimated to be available to meet the foregoing appropriations-in the funds indicated:. .. INCREA5~ FUPIb - RESOURCE (DECREASE ~ TO TOTAL Adopted this the 7th day of November, 1977 ~~'.. I A meeting of the Board of Commissioners for Orange County, WINSTO N. G04EMAN 3 B$RNNOLZ ATiORNEY9 AT LAW GNAPEL NIL' N. G NILLSBOROl1GN, N• C North Carolina, was held at Hillsborough, North Carolina, the regular place of meeting, at 10:00 o'clock a.m., on Monday, November 7, 7.977. Present: Commissioners Norman ~ustayeson, Jan•Pinnev, Norman•Walkez, Richard Wliitted, and Donald Tlillhoit. Absent: , None **~**~**:r*****~*****~r*****~**~r******~r~*x****~****~r*~c*********~* The following resolution was read to the Board: PRELIMINARY ASSESSMENT ROLE FOR THE FINANCING $Y ORANGE COUNTY OF A PORTION OF THE LOCAL SHARE OF THE COST OF PAVING BAYBERRY DRIVE, AZALEA DRIVE, ANp AZALEA PLACE, ROADS LOCATED. IN SECTION T OF MORGAN CREEK HILLS SUBDxVISION LOCATED IN CHAT?EL HILL TOWNSITYP, ORANGE COUNTY, NORTH CAROLINA: . WHEREAS, the Board of County Commissioners of Orange County has directed the County Manager to prepare a Preliminary Assessment Role to contain a brief description of each lot, parcel or tract of land assessed, the basis for the assessment, the amount assessed against each, the terms of payment, ~'- and the name of the owner of each lot, parcel or tract as far as this can be determined from the county tax records; and WHEREAS, the County Manager has reported that assess- ment role has been completed per the instructions of the County Commissioners. IT 7:S HEREBY RESOLVED THAT: The County Manager shall file the assessment role as completed with the Clerk of the Board of Commissicners of Orange County to be made available for public inspection. IT IS FURTHER RESOLVED AND ORDERED that a public hearing on all matters covered by the Preliminary Assessment Role will be held on December 5, 1977, at 1p:p0 o'clock a.m., during the regular meeting of the Board of Commissioners of Orange County, Orange County Courthouse, Hillsborough, North Carolina. ro '~wv The Clerk of the Board of Commissioners is hereby author.-- ized and directed to cause a Notice of the Public Hearing to be given by publication one time, not less that TEN (1D) days prior to December 5, 1977, the date set for the hearing, in a newspaper having a general circulation in Orange County. Such Notice shall be in substantially the following farm: NOTICE OF PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLE FILED WITH THE CLERK OF THE BOARD OF COMMxSSIONERS OF ORANGE COUNTY PURSUANT TO THE DIRECTxON OF THE ORANGE COUNTY BOARD OF COMMxSSIONERS AND PURSUANT TO THE BOARD'S DECISION TO FINANCE A PORTION OF THE LOCAL SHARE OF THE COST OF PAVING BA3CBERRY DRIVE, AZALEA.DRIVE, AND AZALEA PLACE, ROADS LOCATED IN SECTION I OF MORGAN CREEK HILLS SUBDIVISION, IN CHAPEL HYLL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA Notice is hereby given that, pursuant ~o Article 9 of Chapter 153A_ of the General Statutes of North Carolina, the Commissioners for orange County have completed and filed a'Preliminary Assessment Role. Pursuant thereto: 1. Orange County shall undertake the financing of a portion of the local share of the cost of paving Bayberry Drive, Azalea Drive, and Azalea Place, roads located in Section I of .,. Morgan Creek Hills Subdivision, located in Chapel Hill Township, Orange County, North Carolina. The amount to be financed by Orange County is estimated to be $16,694.00, including costs and attorneys fees. No portion o~ the costs of paving the above roads will be borne by the Department of Transportation or the State of North Carolina. 2. The assessment role completed is on file with the Clerk of the Board of Commissioners of Orange County, and available to the public for inspection. 3. The Public Hearing will be held at 10:00 o'clock a.m. on December S, 1977, at the Orange County Courthouse, Hillsborav North Carrolina, the regular place of meeting of the Board o.f Commissioners of Orange County, North Carolina, in order to discuss all matters pertaining to the Preliminary Assessment \V1N~Tp N. COLEMAN Role . ~ 6ERNWOL; ~rORNEY3 pY LAW CFIAPpL r+iw N. C HILLSBOR9VaN, N. C At the time and place above stated, any resadent of i 4 t.; Orange County or any other interested person may appear and be heard. Dated this the 7th day of November , 19 77 . ORANGE COUNTY BOARD OF COMMISSIONERS WINSTON, CpLEMAN 8 BERNHOLZ ATTONNEYS AT LAW GNAPHL HILL N. C H14LSBOROIIOI{, N. G Agatyia R. Johnson, Clerk of Commissioners for Orange County, North Carolina The Clerk of the Board of Commissioners is hereby authoria~:-' and directed to cause a copy of the Notice of the hearing to be mailed by first-class mail to each owner of the property listed on the role. The mailed Notice shall state the time and place of the hearing, note that the role in the Clerk's office is available for inspection, and state the amount as f shown on the role of the assessment against the property of the owner. This Notice shall be mailed at least TEN (1D) days prior to December 5, 1977. This Notice shall be in substantially the following 4 form: NOTICE TO: SUBJECT: PRELIMINARY ASSESSMENT ROLE IN CONJUNCTIOI~T WITH THE ORANGE COUNTY BOARD OF COMMISSIONERS' DECISION TO FINANCE Ac7D ASSESS A PORTION OF THE LOCAL SHARE OF' THE COST OF PAVIidG BAYBERRY DRIVE, AZALEA DRIVE, AND AZALEA PLACE, ROADS LOCATED zN SECTION T Of' MORGAN CREEK HILLS SUBDIVISION, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH. CAROLINA PLEASE TAKE NOTICE that a Public Hearing will be held by the Orange County Board of Commissioners on December 5, 1977, at 10:00 o'clock a.m, at the Orange County Courthouse, Hi11s- borough, North Carolina, the regular place of meeting of the Board of Commissioners of Orange County, North Carolina, to discuss all matters pertaining to the subject Preliminary Assess-- ment Role. The Preliminary Assessment Role has been filed with the Clerk of the Board of Commissioners of Orange County at the ~~ Orange County Courthouse, Hillsborough, North Carolina, and is available for public inspection. Please note tkiat the amount of assessment on the property described in this Notice is $491..00, as shown an the Assessment Role on file in the Clerk of Court's Office. Agatha R. Johnson Clerk of the Board of Commissioners of Orange County, North Carolina The Clerk of the Board of Commissioners is hereby directed to file with the Board of Commissioners, a Certificate stating that the above required Notice was mailed by first-class mail as directed and using a form substantially as follows: CERTIFICATE OF MAILII~TG I, Agatha R. Johnson, Clerk of the Board of Commissioners WINSTON. COLEMAN & BEIiNNOLZ RTTOANLYa pT WW CNAA64 NHy N. 4'. HILLSBORauoN. N. C of Orange County, North Carolina, DO HEREBY CERTIFY that on November 10, 1977, I mailed, by first-class mail, postage pre- paid, a Notice to each property owner of the Public. Hearing to b be held on the Preliminary Assessment Role for the financing by Orange Gounty of a portion of;the local share of the cost of paving Bayberry Arive, Azalea Drive, and Azalea Place, roads located in Section I of Morgan Creek Hills Subdivision, located in Chapel FIill Township, Orange County, North Carolina. The i~loti mailed set the date and time of the Public Hearing and also the amount of assessment on the property owned by the person to whom the Notice was sent according to the county 'tax. records. WITNESS my hand and the official seal o£ the Board of Commissioners of Orange County, North Carolina, this the 10th day of Povember, 1977. i~ ~~ i ~ Agatha R. Johnson, Clerk of the Board of Commissioners of Orange County, idorth Carolina This resolution is effective upon its passage. ~w. •J i Thereupon on Motion duly made and seconded, this resolutic.~. i was passed unanimously, this the 7th day of November ~ lg 77 i Z, Agatha R, Johnson, Clerk of the Board of Commissioners ~ for Orange County, North Carolina, DO HERESY CERTIFY that the foregoing is a true copy of the proceedings of said Board of Commissioners at a meeting held on November 7, 1977, so far as a the same relate to the Preliminary Assessment Role for the financing by Orange County of a portion of the local share of the cost of paving Bayberry Drive, Azalea Drive, and Azalea Place, roads located in Section I of Moxgan Creek Hills Sub div9.sion, located in Chapel Hill Township, Orange County, North Carolina, as such proceedings are recorded in the Minute Book. WITNE55 my hand and the official seal of said Board, this the 7th day of November ~ 19 77 Agatha R. JohnsorY~ Clerk of ~ the Board of Commissioners for Orange County, North Carolina (SEAL) WINSTON, COLEMAN g BERNMOLZ ATTORN6Y6 AT LAW CMAP$~. NILl. N. G N~LLBBOROUGN. N. t ~ ,° ._ .., ;.~ NOTICE TO: SUBI7ECT: PRELIMINARY ASSESSMENT ROLE IN CONJUNCTxON WITH THE ORANGE COUNTY BOARD Off' COMMXSSIONERS' DECISION TO FIIJANCE AND ASSESS A PORTION OF THE LOCAL SHARE OF THE COST OF PAVING BAYBERRX DRIVE, - A2ALEA DRIVE, AND AZALEA PLACE, ROADS LOCATED IN SECTION I OF MORGAN CREEK HILLS SUBDIVISION, IN CHAPEL HILL TOWNSiixP, ORANGE COUNTY, NORTFI CAROLINA PLEASE TAKE NOTICE that a Public Hearing wall be held by the Orange County I~oard of Commissioners on December 5, 19'77, at 10:00 o'clock a.m. at the Orange County Courthouse, Hillsborou North Carolina, the regular place of meeting of the Board of Commissioners of Orange County, North Carolina, to discuss all matters pertaining to the subject Preliminary Assessment Rale. The Preliminary Assessment Role has been filed with the Clerk of the Board of Commissioners of Orange County at tiie Orang County Courthouse, I3illsborough, North Carolina, and is available i for public inspection. Please note that the amount of assessment on the property described in this Notice is $491.00, as shown on the Assessment Role on file in the Clerk of Court's Office. • Agatha R. Johnson Clerk of the Board of Commissioners of Orange County, Narth•Carolina WIN STO N, Cg4EMAN 8 B~RNNOI; ATTp RN EY$ AT LAW CNAPE4 NILl. N. 6 N14L590RtlLIGN, N. Q, .~i-kY-_ .,._.. ., .. .. ..... ..- .. .,.. ~- .. .. _ - _~-..-.._ ~+ r AGENDA. AT'L'ACHN?FA;T ~~III RFPOFt^..' OF RESULTS OF CO~IPF.TT2'IVE BI7DIN,' F'OR I97tt I~iO7r~L b~Ul'OR VEHIC.L,F:S The bids itemized below for a cargo van, three passenger vans and six police vehicles were received and opened by Orange County at 10:00 a.m., on Friday, October 28, 1977. All bids are reported without sales tax. BIDDER NET PRICE TO COUT7"~'Y One Cargo Van Love Chevrolet $ 6,068.74 Ray Motor Company 6,502.54 Durham/Raleigh Ford b,510.66 Three Passenger Vans Love Chevrolet $ 23,034.78 Ray Motor Company 25,042.15 burham/Raleigh Ford 24,332.40 Six Police Vehicles Ray Motor Company $ 27,557,48 . Rates Motor Company 23,365.00 Recommendation That the low bids of Love Chevrolet for one cargo van, and three passenger vans and of Rates Motor Company for si.x police vehicles be accepted. These vehicles can be acquired within the funds allocated for this purpose.