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HomeMy WebLinkAboutMinutes - 19780221~_ MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS FEBRUARY 21, 1978 The Orange County Board of Commissioners met in regular session an Tuesday, February 21, 1978, at 7:30 p.m., in the Superior Courtroom of the Courthouse in Hillsborough. Members present were Chairman Richard ~ahitted, Commissioners Norman Gustaveson, Jan Pinney, Norman Walker, and Ronald Willhoit. Other present were Neal Evans, Assistance County Manager, Joe Bradshaw, Administrative Assistant, Geoffrey Gledhill, County Attorney, Dr. Robert Boaar, Chairman of the County Planning.Board, Hal Minis, Acting Planning Director, members of the County Planning Board, and Agatha Johnson, Clerk. , The Chairman referred to Item 1: Persons not on this agenda having business to transact with the Board of Commissioners should make their presence known in order that an appropriate time for them to be heard might be arranged. Mxs. Charles King, a resident of the Colonial Hills Subdivision, asked that the Board instruct the Finance Director to forward a check to the Department of Transportation in l;raham, in preparation for work which should begin shortly on roads in the Colonial Hills Subdivision. The Board requested Mr. Evans to talk with the District Engineer far the Department of Transportation and to follow through with the proper procedures. Commissioner Willhoit asked that discussion of a Transportation Grant as reported in Mr. Olive's letter be added to the agenda. Item 2: Minutes of the February 6, 1978 meeting. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson the minutes of February 6, 1978 were approved. Item 3: A Public Hearing has been advertised for 7:30 p.m. to provide public comment prior to the 1978-79 budget preparation process, particu- larly concerning Federal Revenue Sharing Funds. The Finance Director informed the Board that the Revenue Sharing amount anticipated for the new fiscal year is approximately $360,000. The Chairman asked if there were persons present who wished to make any comment concerning the 1978-79 County budget, and particular regarding Revenue Sharing Funds. Bobby Nichols stated that since money was put into the budget this year for school renovation, would there be a reduction in taxes next year? The Chairman explained that he did not know if there would be a reduc- tion. That of the ten cents increased in last year's taxes, seven cents would be used to repay bonds which have been sold. William Dorsett asked if another capital outlay project is anticipated for next year. Mr. Whitted stated that approximately one million dollars was put aside in the capital outlay budget to start renovation of the Grady Brown Build- ings, the jail and an addition to the jail. This project will be cam-- pleted in this year's budget, however, not to the magnitute of one million dollars. This is a two year funding project. The monies generated by increasing the tax rate is now being used to renovate Grady Brown and in subsequent budgets, it will be used to repay the bond debt. An unidentified male asked that a copy of the budget, Commissioners' agendas and minutes and othez important documents be placed in the public library for public inspection. He asked that the Board entertain the concept of a zero base budget. Mr. Whitted stated that budgets are annually placed in the public libraries and other material can be placed there as well. He added that ,. 5 ~~ the Board presently operates under a modified program budget arrangement. Programs and Departments are evaluated during the year and more particu- larly at budget time to determine their cost effectiveness. Commissioner Willhoit stated that he planned to request additional information to enable the Board to better evaluate the budget and to determine the base mandated services for various departments. Chairman Whitted asked if anyone else wished to speak on the proposed 1978--1979 County budget. No one came forth. The Chairman declared the public hearing was concluded. Item 4: Bill Hupman and Mayor Glendale Stephenson from the Town of Piebane will discuss utility policies for future industrial development. Chairman Whitted stated that Mr. Hupman and Mayor Stephenson was present to talk about the possibility of the Board adopting some uniform utility policy, particularly in regards to water and sewer. The Chairman recognized Mr. Hupman and Mayor Stephenson. Mr. Hupman stated that the Mebane Board was primarily interested in Orange County adopting some utility policy relating to sewer, as water is being supplied through the Orange-Alamance Water System. He spoke of unique sites east of Mebane and on Interstate 85 which have adequate acre- age for industrial use. He requested that guidelines be adopted by Orange County to provide sewer lines to this area and as a rule of thumb use ad valorem taxes to amox'tise the cost over a five year period. Mr Hupman introduced to the Board t?r. Drum from the Business Assist- ance Division of the Pdorth Carolina Department of Commerce. Mr. Drum encouraged the Board to adopt guidelines in order to extend water and sewer to these industrial sites east of Mebane. Mr. Hupman informed the Baord that the Mebane Industrial Expansion Committee worked with the Alamance County Chamber of Commerce and the Business Assistance Division of the N. C. Department of Commerce in attempting to attract industries to the area. He added that the group is looking for industries that employes a large number of people, that pays good wages, and those that do not require a great deal of water and sewer. Commissioner Gustaveson stated that he felt it was importatn that the Mebane Industrial Expansion Committee include Orange County people. Mayor Stephenson, Mayor of the town of Mebane, stated that if Mebane grows, it will have to be into Orange County, both in industry and resi- dents. He expressed his appreciation to the Board for their cooperation in the past, and further stated that the Industrial Expansion Committee would be pleased to have Orange County respresentation on that Board. Commissioner Walker encouraged the Board to negotiate with the Town of Hillsborough to attempt to draw up an agreement for extending sewer to the Industrial Park area. Mr. Whitted asked that the Board be informed of prime sites to be developed in order that the Board can estimate cost of extending sewer lines. The consensus of the Board was to meet infaxmally with the Mebane Board, the Industrial Expansion Committee and the Orange County Planning Board and discuss this matter further. Item 5: Mr. Burch Compton, Civil Defense Coordinator, will dis- cuss with the Board his assessment of damage from the recent ice and wind storms and request the Board endorse a "Damage Assessment Report" to be forwarded to the Governor's Office. The Chairman reminded the Board of the resolution which was approved, requesting the Governor to declare Orange County a disaster area due to the recent ice storms and high winds. Mr. Compton informed the Board of one report which has been submitted requesting an "X" amount of monies for damage due to the recent storms. He then referred to the "Damage Assessment Report" before the Board tonight, ~_.w which is a report of damage due to fallen trees and hgih winds on farm buildings. It is estimated by the County Emergency Board that damage would be in excess of $200,000. Application has been made for monies with low interest to lend to people who have suffered loss. Mr. Compton stated that most of the problems during the ice storms and wind storm were due to loss of power. Generators were obtained from various sources which supplied power for heat to rest homes. Generators were used by farmers for milking and a generator was used to provide power to keep a respirator operating far one ill person. Mr. Compton suggested that the County purchase generators of their own°for use in time of emergency. Mr. Compton informed the Board that the Civil Preparedness Plan worked well and that sufficient manpower and cooperation was available. Commissioner Willhoit stated that people needed to be informed of the availability of services during times of emergency. He suggested more than one receiving point be established for receiving information and that the information then be cobrdinated so that power companies are aware of problem areas. Upon motion of Commissioner Willhoit, seconded by Commissioner Pinney, it was moved and adopted to approve the Natural Disaster Damage Assessment Report and it then be forwarded to the Governor of North Carolina. Item 6: A Subdivision Ordinance from the Orange County Planning Board is submitted for consideration. Chairman tahitted stated the Board had received a recommendation from the Planning Board regarding extending the Subdivision Ordinance County- wide. He added that members of the Planning Board and members from the Township Advisory Councils were present. The recommendation from the Planning Board is "The Planning Board approves the concept of subdivision regulations for the entire county as one form of land-use planning, and further moves to recommend to the County Commissioners the establishment of a countywide committee composed of no more than three members from each Township Advisory Council and charge this committee with consolidating all recommended changes, additions, and deletions to the proposed Subdivision Regulations. A dead-line of April 15 is established for the committee to report their findings and recommendations to the Planning Board. Further, the.Planning Board should take immediate steps to evaluate the recommenda- tions and establish a firm recommended position to the County Commissioners no later than April 20, 1978, which is the regular meeting of this Board." Commissioner Gustaveson asked for an assessment of how the regulations have worked in Chapel Hill and Eno Townships to this point. Dr. Bonar responded to the question by stating that in general, the Planning Board felt the Ordinance is good and is working well. He added that he felt it had worked very well considering the extensive amendments made to.the Ordinance last year. Dr. Bonar continued his comments by stating that specific changes had been received from the Township Advisory Councils and in same cases, Advisory Councils have requested that final consideration of the Ordinance be postponed to allow the Councils additional time to study the regulations. Dr. Bonar reminded the Board the schedule of setting up the Advisory Councils only allowed some councils to have about two meetings to discuss the Ordinance. The Planning Board Chairman reviewed with the Board the recommended amendments which do not require public hearing and the amendments which will require a hearing. It is the feelings of the Planning Board that the Subdivision Regulations are needed in all parts of the County. Another con- sideration of the Planning Board was whether adequate time had been pro- vided to people who were concerned about the regulations, to study and . digest. Dr. Bonar stated that he felt the extension of a two month review period would be of value. He stated the Planning Board had established through the Advisory Council a valuable resource for land use planning in the County. He urged the Board of Gommissioenrs to accept the Planning Board's recmmendation. ' r~ „ _. Commissioner Walker stated he felt the Planning Board had worked hard and the motion of Ms. Riddle is a reasonable compromise. Commissioner Walker moved the Board of Commissioners adopt the Planning Board's recom- mendation. The Chairman asked the Board to review the recommended amendments before entertaining a motion. Commissioner Walker withdrew his motion. Commissioner Gustaveson reminded those present that discussion of the Subdivision Ordinance began in October, 1976, because of the deep concern of the kinds of development which was going on in the various townships and the problems problems which were evolving due to inadequate criteria of how land was being divided. He stated that these problems were con- tinuing and people were suffering because of inadecuate criteria and assurances regarding maintenance of roads and suitability of sools to take certain septic systems. Mr. Gustaveson stated he took seriously the recommendation of the Planning Board and appreciated their hard work, however, he must balance the concern of the Planning Board to allow addi- tional time for Councils to study the Ordinance against the concern which had developed since 1976 to assure the consumer and the developer that land dees have a suitable site for septic systems, long term road main- tenance and the many other issues which the Board is faced with and which the Subdivision Ordinance is attempting to address. He added the further refinement of the Ordinance could cpntinue after the Ordinance is imple- mented. Commissioner Willhoit stated he supported the Subdivision Ordinance. That since serving on the Health Board, he had become aware of situations where people have purchased lots which have been subdivided without a Health Department review only later to find that soils are not suitable for septic tanks.. He stated the consumer's interest must be looked at. Presently, in some townships there is no mechanism to control erosion, and the Subdivision Ordinance would provide such a mechanism. The Ordinance would provide a provision for maintenance of roads in subdivisions, and one of the main goals of the Ordinance is to provide protection of the watershed. He stated that lots have been recorded which are solely on flood plain soils and the Ordinance would address this issue. Mx. Willhoit stated that he felt it was time for the Advisory Councils to get an with other important issues in the Ceunty such as water resource development and watershed protection criteria. Chairman Gmitted stated that the Baord viewed the refinement of the Ordinance as an ongoing process and the extension of the Subdivision Regulations would not preclude further input from the Advisory Councils, developers or others. Commissioner [dalker stated that the Planning Board felt it would be easier to implement these changes now rather than as an ongoing process. Mr. Whitted stated the Ordinance is not a rough draft, but a workable Ordinance. There needs to be some clarification of the definitions and reorganization of the definitions. Dr. Bonar responded the Planning Board was aware the Ordinance is not engraved in stone, however, the Planning Board's urging the Council be given additional time for review is to keep faith with people who have spend a great deal of time working an the Ordinance. He added the Ordinance and the County will be better if a sufficient number of people understand the Ordinance and what it is supposed to do. That as one moved from the urban area out into the County, the Ordinance imposes regulations on people who are less familiar with regulations in general. Mr. T4illhoit stated he felt the Board could keep faith with the Advisory Councils by considering the submitted amendments at the May public hearing. Commissioner Pinney stated the Planning Boarc? and the Beard of Commis- sioners have reviewed the Ordinance far a year and he was the Commissioner who insisted the Advisory Councils have a part in the Ordinance. He stated he felt the Boards should not wait any longer. v ~.. ~., Commissioner Walker stated he was willing to give the additional. re- quested time since same Advisory Councils have only met two times. 'S'hat some members of the Councils needed mare time to understand the Ordinance. The County Attorney pointed out to the Board "there should be no signi- ficant change in the Ordinance as a result of a recommendation on April 20, 1978, because any significant change would require a public hearing. Any significant change would be a definite recommendation by the Planning Board rather than a recognition of a need to go countywide". The Chairman to the Board opened 'the meeting at this point for comments from members of the audience. pr. David Lang from the Eno Township Council stated the request for a delay was not a tactic, but since the Ordinance was a highly senitive issue, he felt Councils should be provided additional time for study. Mr. tiara Sykes spoke against the extending of the Subdivision Ordinance countywide. , Bobby Nichols asked if there were any problems with septic tanks and roads in Eno and Chapel Hill Townships since the Ordinance has been in effect? Commissioner Gustaveson respaned there were problems in all townships. Mr. Nichols then painted out that the majority of problems caused in sedimentation near roads is due to problems created by the Department of Transportation. He added that pressures should be applied to take care of this problem. The Board of Commissioners proceeded to answer questions regarding the Subdivision Ordinance raised during this public discussion. Mrs. Eve Shy, a representative of the Chapel Hi11 League of Women Voters, read a statement in support of adopting the Subdivision Regulations countywide. She stated the League of Women Voters believed the regulations protect and enhance land values rather than lower them as can happen if no planning is done. Other persons speaking against the Subdivision Ordinance extension countywide were Tony Seaber, Ben Lloyd, Josephine Barbour and other un- identified persons. Commissioner Walker moved that the Board follow the recommendation of the Planning Board to approve the concept of subdivision regulations for the entire County as one form of land use planning, and further moves to recommend to the County Commissioners the establishment of a countywide committee composed of no more than three members from each Township Advisory . Council and charge this committee with consolidating all recommended changes. additions, and deletions to the proposed Subdivision Regulations. A dead- line of April 15th is established far the committee to report their find- ings and recommendations to the Planning Board. Further, that the Planning Board take immediate steps to evaluate the recommendations and establish a firm recmmended position to the County Commissioners no later than April 20, 1978, which is the regular meeting of this Board. Commissioner Walker stated the eight recommended changes, which do not require public . hearing, were included in the motion. The Chairman called far a second to the motion. Commissioner Gustaveson asked Mr. Walker if he would make his motion in the form of two motions, and Mr. Walker replied "no". The Chairman declared the motion of Commissioner Walker died for lack of a second. Further discussion ensued. Commissioner Willhoit moved that all the proposed amendments be re- ferred back to the Planning Board for review, that the amendments be advertised and presented for consideration at the May, 1978 public hearing. Commissioner Pinney seconded the motion. ,; _~ .., Commissioner Willhoit stated he felt the Advisory Gouncils were.:an arm of the Planning Board, therefore, the Planning Board should establish a countywide committee if they felt the need for one to consolidate the changes, additions, and deletions to the proposed Ordinance. The Chairman called for a vote on the motion, and all members of the Board voted aye. The motion was declared passed. Item 7: Consideration of extension of Subdivision Regulations Countywide. The Chairman anncunced the Commissioners would meet jointly on Monday, February 27, 1978 with the County Planning Bord for a regular quarterly meeting. This will give the Commissioners an opportunity to discuss with the Planning Board the extension of the Subdivision Ordinance. Discussion continued among members of the audience and the Beard, with the Board members answering questions of why they felt the Subdivi- sion Regulations should be extended at this time. The Board of Commis- sioners emphasized that they do take seriously the input from citizens, the Planning Board and the Advisory Councils regarding extension of the Subdivision Regulations. Chairman Whitted reviewed the recommendation again submitted by the County Planning Board. He stated that he felt there was a passibility of alienating some members of the Advisory Gouncils and the Planning Board for various reasons. He stated that an enormous task still lies ahead in developing and organizing the comprehensive land development plan and to implement zoning. He stated the recommendations from the Planning Board and Advisory Councils have considerable merit and should be seriously considered. The Board recessed at this point in the meeting. As the Board reconvened, Commissioner Walker moved that the first portion of Ms. Riddle's motion be adopted. To approve the concept of subdivision regulatien for the entire county as one form of land use planning, and further moves to recommend to the County Commissioners the establishment of a countywide committee composed of no more than three members from each Township Advisory Council and charge this com- mittee with consolidating all recommended changes, additions, and dele- tions to the proposed Subdivision Regulations. A deadline of April 15 is established far the committee to report their findings and recommenda- tions of the Planning Board. Further, that the Planning Board take immediate steps to evaluate the recommendations and estallish a firm re- commended position to the Commissioners no later than April 20, 1978: The motion died for lack of a second. Commissioner Willhoit asked if it would be worthwhile tc discuss the requested sixty day extension with the Planning Board on February 27th to find out their intent of the delay. Ben Lloyd, a member of the Landowners Association, stated that he could not envision any further delay after the requested sixty days. Commissioner Finney then suggested that the Subdivision Ordinance be adopted effective May 1, 1978, which would give the Advisory Councils the time they want to study the amendments. ` Commissionez Gustaveson asked that the Board address the concerns of long range planning needs of the County. He stated that issues still remain and there are important problems in the County which should be addressed tonight. ' Commissioner Willhoit moved that this item of extension of the Sub- division regulation countywide be tabled until next Monday, February 27th, and that the Board request the Planning Board to discuss the intent of their recommendation at that time. Discussion continued. Commissioner Whitted seconded the motion. The Chairman called for a vote on the motion. Voting aye were Commis- sioners Walker, Whitted, and t+lillhoit. Voting nay were Commissioners Pinney, and Gustaveson. The motion was declared passed. C ' er '_. _ Item 13: Chairman Whitted will present a Tobacco Resolution for consideration to be directred to the President of the United States, North Carolina Senators and Congressman. The Chairman referred to two resolutions which had been presented to the Board. Resolution A was prepared by Commissioner Whitted and Resolu- tion B was drafted by Commissioner Willhoit. The Ghairman recognized Oscar Compton, a local tobacco farmer. Mr. Compton stated he was not happy with either resolutions and discussion ensued. Commissioner Pinney offered a change in wording to the last paragraph of Resolution B to read: "However, if the use of tobacco products declines, . the President of the United States and our Congressional Delegation should make every effort to reduce the economic loss and hardship to Orange County' tobacco farmers by whatever means available." Mr. Compton and members of the Board agreed to this change in Resolu- tion B. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson it was moved and adopted to approve the tobacco resolution prepared by Commissioner Willhoit with the suggested amendment as presented by Commis- sioner Pinney. For copy of Tobacco Resolution, see page 509 of this book. Item 8: Consideration of a resolution on Open Meetings. Chairman Whitted stated that a recent enactment of the N. C. Supreme Court "clouds" the meaning of the Open Meetings Law. This enactment states that the law applies to County Commissioners and to City Councils meetings. The purpose of this resolution is to affirm the fact that this Board will comply with the Open Meetings Law and encourages all Boards over which the Board of Commissioners have authority or interact with to also comply with the Open Meetings Law as the Board understood it prior to the Supreme Court's decision, and that the Resolution be sent to such agencies. - Upon motion of Commissioner Walker, seconded by Commissioner Gustaveson it was moved and adopted to approve the resolution concerning the Open Meetings Law. Far copy of Open Meetings Resolution see page 511 of this book. Item 9: The County Sheriff requests a resolution authorizing and application for Law Enforcement Assistance funding to purchase six protective vests costing $450 including local match of five percent G$~3~.) be approved. Upon motion of Commissioner Pinney, seconded by Commissioner Willhoit, it was moved and adopted to approve the resolution authorizing an applica- tion for Law Enforcement Assistance funding to purchase six protective vests. For copy of resolution for Law Enforcement Assistance Funding, see page 514 of this book. Item 10: Appointments: A) The Chapel Hill Board of Adjustment recommends Mr. James Bullard to fill the County vacancy created by the resignation of Ms. 5onna Loewenthal on that Board. Commissioner Pinney moved that James Bullard be appointed to this vacancy on the Chapel Hill Board of Adjustment. Commissioner Willhoit questioned the xecommendation of Mr. Bullard being submitted from the Board of Adjustment, since recommendations usually come from the Board of Aldermen. Mr. Pinney withdrew his motion. This item was deferred until the 24arch 6th meeting in Birder that this recommendation might be clarified. B) A vacancy exists on the County Health Board. Chairman Witted informed the Board that resume' forms and recommenda- tions had been received far the following candidates: Dz. Morris Shiffman, Frances Bridgers, Robert Seymour, and Edna Neville. These candidates are submitted for the Board's consideration. ;r _ .~ Upon motion of Commissioner Willhoit, seconded by Commissioner Gustavesan, it was moved and adopted to appoint Dx. Morris Shiffman as a member of the Orange County Health Board. C) For information only: Commissioner Pinney proposes Dr. Brad Fisher be appointed as an additional member on the Youth Services Task Force. This item will appear on the March 6th agenda. Commissioner Willhoit asked the County Board to endorse the County Attorney's investigation into the legality of an ordinance which will enable the County to require a disclosure that the Health Department must approve any sewage disposal system or ground absorption system. Mr. Gledhill was asked to investigate this further. Item 12: The Assistant County Manager recommends acceptance of formal bids of $7,364 for twenty-four trash containers. Upon motion of Commissioner Pinney, seconded by Commissioner [Whitted, it was moved and adopted to approve the recommendation of the Assistant County Manager to accept the bids for trash containers. For copy of bids for trash containers, see page 515 of this book. Ttem 12: A proposed budget amendment is recommended to include additional 'items for the Recreation Department and a previously approved Health Grant. The agenda attachment stated the budget amendment includes the Maternal and Child Health Grant for $2,800 medical assistance fees approved in the meeting of February 6, 1978. The sum of $$44 is added to the Central Services-Auditing item to cover the increased price in the Audit Contract approved on Februaay fi, 1978, and $244 to cover the Community Development Audit. The $244 is available from the Community Development Grant. Request from the Recreation Department include the budgeting of $950 revenues and expenditures for the Grassroots Arts Program. This grant has been approved by the N. C. Arts Council. $120 is requested to be transferred from supplies to equipment to replace a calculator stolen from the Director's desk in a break-in on February 11, 1978. The amendment also includes the budgeting of $339 revenues from a N. C. Symphony Program for direct payment to the Symphony. The Recreation Director request $285 expenditure to add gymnastics equipment which was approved in last year's budget. Finally, $1,956 is requested for transfer from personnel to contracted services for a youth piano instruction pro- gram ($956) and a creative play school program ($1,000). These funds are . available because of personnel changes in the Cultural Arts Program. The Board agreed to table discussion of a request by the Recreation Director for $635 to cover the cast of a bus ($350) which was purchased by the Motor Pool to use for parts for the County's old bus, and which is a capital acquisition requiring an expense against a capital budget item. Upon motion of Commissioner Pinney, seconded by Commissioner Walker, it was moved and adopted to approve the budget amendment. The Finance Director will prepare a new amendment deleting the item regarding the bus expenditure. For copy of budget amendment, see page 516 of this book. Chairman Whitted informed the Board of a March 30th meeting with the ARea Mental Health Board and the Boards of Commissioners from Person and Chatham Counties. This is proposed to be a dinner meeting. The Commissioner deferred discussion of the Transportation Grant until a later meeting in order that staff persons may become informed. Joe Bradshaw was requested to investigate this further. The meeting was adjourned. , -'° ~ ~' /f^ ~ ~ ~ 1'~ ;~ l ;~ Richard Whitted, C~airman Agatha Johnson, Clerk n ORANGE COUNy'Y BOARD OF COMMTSSIONEFtS RESOLUTION p'EBRUARY 21, 1978 V ~ v WHEREAS, Tobacco has been commercially produced in what is now the United States of America since the year 1612; and j,~EREAS, Since the year 1619, the export of tobacco has been an important economic factor to our Colonies, States and these United States; and WHEP.EA5, The United States of America now grows and markets approxi^ mately two billion pounds of tobacco each year; and ~7HEREA$, The economic welfare of Orange County, North Carolina, and the several tobacco producing States is substantially dependent upon the success of the tobacco industry for that: (a) A significant portion of our people earn their living working in tha growing, processing, trans- porting and selling of tobacco; _ - a (b) The tax base which contributes substantially to our local, State and Federal welfare programs is to a great extent comprised of investments in farms, farm equipment, warehouses, tobacco transportation, pro- cessing and. manufacturing -plants in our area; (c) The commerce in tobacco produces considerable revenue from income taxes and sale taxes and excise taxes throughout the world, which funds are available for the economic welfare of all persons; and WHEREA5, The recent proposal by the Secretary of Health, Education and F7elfare, Joseph Califano, to spend 23•million dollars on advertisement to inform the public of the adverse health effects of tobacco which, if heeded, may result in an adverse effect on the tobacco industry. NOW, THEREFORE, SE IT RESOLVED that the President of the United States of America, our North Carolina Senators, Robert Morgan and Jesse helms, and our Congressman, L. H. Fountain be called ~ ~ .r .~ ... -2- upon to implement an agressive program of research into the causative factors in tobacco associated with adverse health effects. However, if the use o~ tobacco products declines, the President of the United States and our Congressional Relegation should make every effort to reduce the economic loss and haxdship to Orange County's tobacco farmexs by whatever means available. - DULX ADOPTED on February 21, 1978 by the ORANGE COUNTY. BOARD OF COMMISSIONERS. COUNTY OF ORANGE STATE OF NORTH CAROLINA I, AGATHA .TOHNSON, Clerk to the Orange County Board of Commissioners, do hereby CERTIFY that the foregoing is a true and accurate copy of a portion of the minutes of the Orange County Board of Commissioners' Meeting held on February 21, 1978, e WITNESS MY HAND AND SEAL o£ Office this the 22nd day.of February, 1978. ,' Aga a John n, Clerk to the Orange County Board pf Commissioners ~. ~r~_ A meeting of the Board of Commissioners `or Orange County, North Carolina, rues held at Hillsborough, North Carolina, the regular place of meeting at 7:30 ~+.m., Tuesday, Febru~.ry 21, II 1978. Present: Commissioners Pdorman Gustaveson, Jan Pi Norman Walker, Richard Whitted, and ponald Willhoit. Absent: None ******,r~r**~*****************a~****,t******~****x***~**~r*~**~r******** The following resolution was read to the Board: WHEREAS in 1971 the North Carolina C,eneral ?assembly enacted Article 33B of Chapter 143 of the General Statutes, which iarticle .is commonly known as the North Carolina O»en Meetings jLaw; and WIIEREAS the purpose o£ the Open Meetings Law is a simple and salutary one; to insure that the business of the public be conducted in the view of t;te z~ublic so that the people may shave the werewithal to be better informed; and WHEREAS the public policy of the Open "Metings Laty as stated by the General Assembly in G.S. §143-318.1 is as .follows: "Whereas the commissions, committees, boards, councils, and other governing and governmental bodies which administer the legislative and executive functions of this State and its political subdivisions exist solely to conduct the peoples' business, it is the public policy o.f this State that the hearings, deliberations and actions of said bodies be conducted openly." ~ and; r!STON, COLEMAN >NO BERNHOL2 'T0.7NEYS AT LAYJ ~HAPEL HILL, N. C. LLS80RDL1GH, N, C, TAFiEREAS the Orange County Board of County Commissioners acknowledges responsibility to the people o~ Orange County and the State of North Carolina to include them in the governingr process, to inform them, to geniunely seek their support, to be respectful of their vi etas and to be as solicitous of their understanding as with their tax dollars; '~. -,- .~.w ,.1 IT I5 THEREFORE RESOLVED THAT the Orange County Board of Commissioners reaffirm the purpose of the Open Meetings Law .and the public policy of the State of North Carolina and declare that all commissions, committees, boards, councils and other bodies, whether governmental or advisory, over which the Board of Commissioners have jurisdiction and authority shall conduct all of their official meetings in strict compliance with the provisions of the Open Meetings Law to the end that the business o£ the people be conducted openly. IT IS FURTHER RESOLVED THAT as to those Commissions., committees, boards, councils and other bodies whether governmental. or advisory over which the Board of Commissioners have no juris- diction or authority but which bodies exist to conduct the bus- ~iness of the people of Orange County, the Board of Commissioners urge and encourage their strict compliance with the provisions of the Open Meetings Law to the end that the business of the people be conducted openly. This resolution is effective upon its passage. .. s;.. Thereupon, Commissioner Norman Walker __ moved the passage of the foregoing resolution and Commissioner Norman Gustavesyn seconded the motion. The resolution was passed by the fallowing note: Aves: Commissioners Norman Gustaveson Jan Pinn Norman Walker, Richard Whitted and Donald ~9illhoit. Noes: None Paae ~2- V570N, COLEh1AN ANp BEflNHOLZ TTORNEYS A7 LAW :HAPEL MILL, N. C. II LL580R000H, N, C. I, Agatha R. Johnson, Clerk of the Board of Commission for Orange County, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of the proceedings of said Board at a meeting held on February 21, 1978 so far as same relates to the resolution declaring that all boards and other governmental badi shall operate in strict compliance with the Oren Meetings Law. ~Wi~ FJitncss ny hand and official.scal of said Board, this f 9 1978. ~ ~i !c~ day o f .P./ a ~ r~ (SEAT,) ~ Agatha/~- Johnson, CI,E~.k ox the 3oard of Com~r`{{issioners of Orange Counter, Ilorth Carolina ?aae -3- dSTON, COLEMAN .ND 6ERNHOL2 TOF:JeYS AT LAW .IA9EL HILL, N. C. _L580~OJGN, N. C. ~~ l r., a-:a .____.~ __ _,~~__~i Inc! ..~oxu_i~ _._5o~r_~..s ~.^na~ 2ico7 'r. :'A~3G LdCaL CCV:?R:~~c'iT.S. i~SQLGT,ivV ti=1°P_gh, ::arth Ca:olins ?7611 (See reverse side for policy statement) Count Of Oran a herein eall_d the (Governing 3ody a= Unik oc Cgv~rceuent) 11•- corsiJvred t::e ?^=b}~ addressed ir_ the subgrant appliration ~~ '~~- and has recie::ed t e,~{_,ed Protective Vests praj~ct dzscr?S._d in the fiph11C2t'1-0:1~ zns ,,-rW3,as~ cn3er thV terns of °ublic La;r 9o-351 as aczrded, the iJnited States of Etrexica has au4harized the Last Enfotceyent l:ssist~.ca Ad~.iristration, avernaentsei othe imprave- Lr: a^d Drdar Section to 3.i~ca federal grants ta'assist lo,cel g aszrt o£ ehe r_risinal justice systaz, ItiOii T'r~R?,=0~ B6 IT RESOLVED $Y THE CDUnt Of 0 do E (Governing Bady of Unit of Goverr.:•ent) IP: O?E;I ;GETING eYSSa~u9LED IN i-t£ C?TX OF _ Hill 6or , 1Sos:th Ca~allaa, THIS 21St DAf OF FabYUdrV _, 197$, .LS FOLLOWS: - 1, That the project referenced above is in the best interest of the Applicant and the gen=_ral public. - z. That C. D. Kni ht be authorized to file, in behalx of (Nate and Title of Representative) the Applicant, an appli.catioa in'the £om prescribed by. the La-a and Order Section for a subgrant in the agaunt of $450.00 to be trade to t:~e•Appiicant; •to (zederel dollar request) assist in deEza}*ing• the cast• of the project described ia.the application. This individual shall act as the authorized representative of the Applicant ass tonne c- tion with all aspects of the application process. 3.. That if the subgrant i.s'made, the Applicant•shall provide or.,make arrangements to provide, a local ¢a.sh matching contribution 1n• the• arount of Y(lac2al•OOsh saCch) a required by the most•cusrent guidelines. 4. That to the fuJ~.•extenC the ].aa allows, the applicant 2graes that upon subvission o: an application for this sub$raat, the applicant intends to continue the progrr~ ak its ours er-pence and to appropriate funds therefore subject only to budgetary - liaitations should the progrzm be.vseful-, effective and pertiicatioa in no wa 5. That applicant understands•that aoprwal of the subgrant app Y' 3csplies or commits tiia Vomited States of America, the Lair Enforcenent Adsitaistra tiara or the Loa and Order Section to approve any application for contiauatian fundi,Zg or to provide any cantinuatioa funding whatsoever; rather, applicant understands that coattnuatioa funding will probably not be available cad applica- tions therefore will. only be cvsasidered, if at all, under oa7.y* unusual eirc~-- stances. 6. That the Project Director designated in the application farm shall furnish-or maka- arrzngeriesxts £or other appropriate persons for furnish such infaxeution, data, docents cad reports psrtaining to the project, if approved, as slay be required by the Lav cad Order Section. - 7. inat certified copies o£ this ra~olution be included as part of the application referenead above. 8. This resolutiva having been read aloud in i}ts ezstirety at the rseeting above mentioned, shall. be effective upon its adoption and shall. be recorded in its - ', entirety in the pinutes of Oran a County _ ~~ -' • -. - (Governing Body-of Unit of Doverwaent) - - - T the undersigned (Clerk) (Secretarq) of Oran a Count (Governing Body of Unic of Govers~eat) da hereby certify the iaregoing is `an exact copy of a resolution read aloud and adopted b the Dr Ordn a on-the 215-'~, day of Feb__ 19J$ as (Governing Sody o: Unit of Govec~ent) by J,acr provided. * 'J - ~ - _ ~ ~ ~,'i ~ (Gle~ (Secrets of Naae of Unic of ~. ¢[ Y `: f'.. !!' ~ 4' TRA5H COrITAIrIER BI 05 10 Ai•I 2/14/7$. Sumrary and RecoR~nendation A± 10:00 A.hi. on February 14, 1978, bids a~ere opened for various trash containers. ;~e bids wire as folloti•~s- 20 Ea. 4 Cu. Yd. Front adin 2 Ea. 8 Cu. Yd. Front Loadin 2 Ea. 8 Cu. Yd. Rear Loadin Total Bids Bidder Consolidated Energy Total Bid Each $285 $5,700 $382 $764 $500 $1,000 $7,3'o~ Keeter Each $304 $416 $470 Total Bid $6,080 $832 °- $940 $7,85[ Sanco Each $296 $406 $460 Total Bid $5,920 $813 $920 $7,653 Solid Waste Each $300 $399 $511 otal Bid $6,000 $798 $1,022 :, $7,82 An exceptien was taken to the specifications on the 8 cubic yard front loading ccntai-._.~ by•tvvo bidders including the low one. The exception, relating to split doors, appears to to the advantage of the container. This split door prevents a problem that arises when the single lid goes .into a filled container causing it to become detached from the arms of the loader. . These same two containers will be purchased by the Chapel Hill-Carrbora school system. It is recarrJnended by the Assistant County Manager,acting in place of the Planager who is currently an sick leave, that the Board of Commissioners accept the low bid by Consolidated Energy Products, Inc. of $7,364.00. The Consolidated Energy bid was low on all but the rear loading containers, but, if we accept their total package, the cost is $100 less than the sum of the individual items. The savings by taking the whole package is $20.00, since the Sancti law bid on the rear loading containers was $$0 less than Consolidated. $11,500.00 was budgeted .far this purpose and additionally the Chapel Hi11 purchase will reduce the net cost to the County by. $764. Budget $11,500.00 Chapel Hill Share 764.00 Resources Available $12,264.00 RecortQnended Bid 7,364.00 Remaining Funds $ 4,900.00 ORAfJGE COUNTY 1977-78 BUDGET ORDINANCE AMEND~•1ENT The 1977-78 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: INCREA5E FUND - ITEM (DECREASE TO TOTAL General Administration Central Services-Auditing 844 19,344 Human Services Health-Maternal & Child-Prof. 5erv. 2,800 13,300 Recreation-Administration-Supplies (120) 380 Recreation-Administration-Capital 120 1,880 Recreation-Cultural Arts-Personnel (1,956) 16,452 Recreation-Cultural Arts-Travel 550 8,611 Recreation-Cultural Arts-Cont.Services 2,356 8,356 Recreation-Cultural Arts-Equipment 295 ~ 10,295 Contingency (885) 123,198 Change the revenues and fund balances estimated to be available to meet the foregoing appropriations in the funds indicated : INCREA5E FUND - RESOURCE (DECREASE TD TOTAL General Health-Maternal & Child 2,800 2,800 Federal Grants 244 244 Recreation 950 -70,950 4. Adopted this the 21st day of February, 197$ ,_,