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HomeMy WebLinkAboutMinutes - 19780501.~ ) MINUTES ORANGE COUNTY BORRD OF COMMISSIONERS MAY 1, 1978 The Orange County Beard of Commissioners met in regular session on Monday, May 1, 1978, 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 T,nTalker and Donald Willhcit. Staff personnel present were S. M. Gattis, County Manager, Neal Evans, Finance Director, Geoffrey Gledhill, County Attorney, and Agatha Johnson, Clerk to the Board. Chairman [~Thitted asked if any member of the Board wished to add any item to the printed agenda. Items added were Health Board Legislation which provides for staggered terms tc that Board, and announcements to be made by the Chairman. Chairman Whitted asked if there were persons present who wished to address the Board regarding matters not printed on the agenda. No one came forth. Item 2: Consideration of minutes of Board meeting of April 18, 1978. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to approve the April 18, 1978 minutes. Item 3: The Department of Transportation recommends addition--. of Gregg Street in Efland Estates Subdivision to the State highway system. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to•accept the recommendation as submitted by the Department of Transportation to add Gregg Street to the State System. Item 4: The Manager recommends the Board approve issuance of a per- mit for a fireworks display, that will be held on July 4, 1978. Upon motion of Commissioner Pinney; seconded by Commissioner Walker, it was moved and adopted to grant the approval for a fireworks display to the Chapel Hill Kiwanis Club. Said display should be under the direc- tion of the local fire department. The Chairman requested that the letter to the Kiwanis Club make mention of the commendable manner in which the display was conducted in 1977. Item S: Mr. James Srebo, Director of the SHAC Clinics, will review a proposal for renovation in the clinics area of the Multi-purpose Center. The Chairman recognized Mr. Srebo, who represents a committee made up of students in the Medical and Dental Schools of UNC. This committee attempts to provide health services to the indigent population of the community through the SHAC Clinics. The Clinics are in their tenth year of operation, and are the oldest free clinics in the United States. For the past five years, funding has been provided by the N. C. Memorial xospital, the UNC School of Medicine, and the students who work at the clinics. Another source of funding is by ananymous donations and gifts from the Dental, Medical and Nursing Classes' social fees. Mr. Srebo stated that the building in which the Clinics operate, the Multi-purpose Center, is old with structual, wiring and plumbing problems of such magnitude that it is difficult to maintain the patients which the clinics serve. Repairs needed in the Dental Clinic specifically are to upgrade the electrical system, upgrade the plumbing system, general renovation of the physical building and to repair the floor in certain places. The primary need in the Medical Clinic is to provide adequate soundproofing to insure patient confidentiality. Commissioner Walker asked how the SHAC Clinics fit into the Orange Chatham Comprehensive Health Service Frogram. ;aL~.~ Mr. Srebo stated that SHAC Clinics have no formal way to interface with OCCHS. Commissioner Willhoit stated that Jaint Orange Chatham Community Action, who leases the Mufti=Purposes Center did have a critical space need and the question had arose as to whether or not SHAC Clinics was a legitimate use of the space, since they only operate one night a week. Commissioner Willhoit asked Dr. Willis, a member of the JOCCA Board to speak to the matter. Dr. T9illis stated SHAC Clinics serves a la~*ge area and is unique in its service. SHAC Clinics does provide valuable matching funds to JOCCA to enable them to get federal grants by which to _ operate. Dr. Willis suggested that instead of just looking at the clinics' proposed renovation, that the Board look at the entire Multi-purpose Center. She stated that JOCCA was in dire need of additional staff space for the many programs which are provided. She added she did not want to speak against th'e SHAC Program, as it is a valuable one, however, she wondered if SHAG could conceivably operate out of the Comprehensive Health Service building or out of the Chapel Hi11 Office of the Health Department. She suggested that some of the examination rooms used by SHAG be used as multi- purpose rooms by JOCCA. Dr. Willis concluded by stating that should a trailor be located on the site, this would provide some relief in the need for office space. Mr. Srebo stated that he had talked with OCCHS regarding the possib- ility of locating in that location. The medical personnel were responsive to the idea, while the dental personner were not. Mr. Srebo has not talked with administrative persons from the Health Department:' He stated he was interested in talking with JOCCA Staff and Board to attempt to work out a solution to the space needs. It was pointed out that whether the Multi-purpose Building is renov- aced or whether a new structure is required, both would be a good ways off. Commissioner Gustaveson suggested that a follow up on some interim option be initiated to make the building safer and to provide more space. The agenda attachment stated that an engineering analysis of the - building was in progress and a written report would be forthcoming by mid May. The consensus of the Board was to review this item again at the May 16th meeting, after the engineering analysis is received, which will deter- mine whether or not the structure is worth spending monies for renovation. Chairman Whitted reminded the Board that some proper recognition to the Stroud Family should be made for their donation of the Northside School Complex. He asked that members of the Board think about this and to in- elude this item as part of the discussion at the May lfith meeting. The County Attorney pointed out that the leases for JOCCA and the Cedar Grove School building are now subject to be renegotiated. item 7: The Manager recommends the Commissioners grant a sixty (60) day extension of time for completion of work to the various contractors involved in renovation of the Northside School Project. The County Manager informed the Board that the delay was caused due to a shipment of windows- for Change Order #1 not arriving on time. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson it was moved and adopted to accept the Manager's recommendation to grant a sixty day extension of time for completion of work an the Northside School Project. Commissioner Gustaveson asked that a representative from the JOCCA Board be present at the May 16th meeting to be involved in the Northside discussion and that the Board move at this next meeting to start making plans for the dedication of the Northside Complex. Ttem 8: The Director of Social Services informed the Board he was requesting approval of an additional Social Worker 2 who would work mainly in the Health Department to determine eligibility for financial assistance in family planning clinics. The agenda attachment stated that a signifi- cant portion of the cost of this position would be chargeable to Title XX funds. Sufficient Title XX funds are available to implement this position ~ a~ for the remainder of the current fiscal year. Upon motion of Commissioner Pinney, seconded by Commissioner Willhoit, it was moved and adopted to approve the request far an additional Social Worker I. stem 10: Appointments: B. The :term of Ms. Mae McLendon of the Orange County Scoial Services Board will expire on June 30th. The Social Services Board recommends Ms. McLendon be reappointed. Upon motion of Commissioner Gustaveson, seconded by Commissioner Pinney, it was moved and adopted to reappoint Mae McLendon as a member of the Orange County Social Services Board, for a three year term. E. The term of Joanne Care, a State appointee to the Orange County Social Services Board, will expire on June 30, 1978. The Social Services Board has endorsed Ms. Carl's reappointment and requests the County Commis- sioners endorse Ms. Carl's reappointment also. Upon motion of Commissioner Gustaveson, seconded by Commissioner Pinney it was moved and adopted to sent a letter to the State Social Services Department endorsing the reappointment of Joanne Garl to the Orange County Social Services Board'. A. Dr. J. Logan Irving's term on the Orange County Board of Adjust' ment has expired. Dr. Irving is not eligible for reappointment. This item will appear on the May 16th agenda for action. C.. Raeford Thompson has resigned from the Orange County Recreation Advisory Committee. This appointment will appear on the May 16th agenda for action. Chairman Whitted asked the County Attorney of the status of the pro- posed Recreation Ordinance. Mr. Gledhill stated he had revised the Ordinance which now reflects the thoughts of the County Manager, Finance Officer and himself, and which speaks to the issues raised at the meeting beteen the Doard and the Recreation Advisory Council. He added the Advisory Council would con- sider the revised Ordinance and prepare a recommendation for the Commis- sioners. D. One vacancy exists on the Carrboro Planning Berard. This item will appear again on the May 16th agenda. Item 11: The Tax Supervisor recommends the following tax refunds be granted: A. Bi11y and Linda McCauley B. Willie A. Chambers C. Tzona C. Craig D. Scott and Lucille Utley E. Willa M. Dickey 537.90 (1977) 21.06 (1975) 48.67 (1977) 73.59 (1975, 1976 & 1977) 14.10 (1975, 1976) Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to approve the refunds for Billy and Linda McCauley, Willie A. Chambers, Izona C. Craig, Scott and Lucille Utley, and Willa M. Dickey. Item 12: The Tax Supervisor recommends the request for a tax refund made by J. H. H. Associates Ltd. be denied. A. J. H. H. Associated $56.11 (1975) Commissioner Willhoit moved to accept the Tax Supervisor's recommenda- tion to deny the refund request of J. H. H. Associates Ltd. The motion was seconded by Commissioner Gustaveson. Commissioner Pinney stated he wished to know more of the details re- garding this recommendation and asked that the Tax. Supervisory be asked to join the meeting. Upon motion of Commissioner Walker, seconded by Commissioner Pinney, it was moved and adopted to table this item until the Tax Supervisor could come to the meeting. ~ ~~ ~~ Item 13: The Manager recommends the attached budget amendment prepared by the Finance Director be approved. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson it was moved and adopted to approve the budget amendment as presented by the Finance Director. For copy of budget amendment see page 574-575of this book. Item 14: The Manager recommends adoption of a resolution drawn by the Attorney General formalizing actions taken by the Board of Commissionrs on March 21, 1978.modifying the Local Government Employees' Retirement System as it applies in Orange County. The County Manager informed the Board that the Board's action on March 21, 1978 was sufficient to formalize the resolution drawn by the P,ttarney General's office. The Chairman asked she Board to discuss Item 12. Upon motion of Commissioner Walker, seconded by Commissioner Pinney, it was moved and adopted to remove Item 12 from the table for additional discussion. Bill Laws, Tax Supervisor informed the Board that J.H.H. Associates had purchased this property at the same time they purchased 47 other un- known parcels. In 1975, the Board of Equalization and Review had reduced the value of this property. J.H.H. Associates are now asking the Board to reduce the value of this property for years prior to 1976. The Chairman repeated the motion of Commissioner Willhoit to accept the recommendation of the Tax Supervisor and deny the refund request. He then called for the vote and all members of the Board voted aye. The motion was declared passed. Mr. Laws brought to the Board's attention a request from the Burwell Schools that the School be exempted from ad valorem taxes. He stated that the question was whether or not historical preservation is educational as provided for in the General Statutes. Bill Campbell from the Institute of Government concurs that historical preservation is educational. The Board agreed that the Tax Supervisor has the authority to grant this request. A requiest for relief from a late penalty has been made to the Board by Dr. Barnett Parker. Mr. Laws explained to the Board that Mark H. Daley was the owner of record as of January 1, 1977, of a house which Dr. Parker purchased in July, 1977. Taxes on the property should have been pro--rated when the house was purchased by Dr.Parker, howevex', Dr. Parker states he was un- aware taxes were due until receiving a statement of lien from his bank. Dr. Parker has said that both the builder and the Tax Collector told him taxes were paid. Mr. Laws stated to the Board that there is no pxovisian to relinquish the interest for late payment under the General Statutes. Upon motion of Commissioner Pinney, seconded by Commissioner Willhoit, it was moved and adopted to deny the late penalty refund as requested by Dr. Parker. Mr. Laws was requested to respond to Dr. Parker's letter. Item 18: The Board of Equalization and Review should convene and set at least two dates for meetings, and a date for adjourning. The Board scheduled Monday, May 8, 1978, at 7:30 p.m., as the first meeting of the Board of Equalization and Review. Another meeting will be scheduled at the May 8th meeting. May 30, 1978 has been scheduled as the adjournment date for the Board of Equalization and Review. Item 15: The Manager recommends the Commissioners.apprave the County's application to the State Department of Transportation for a grant to plan a local human services transportation system. Joe Bradshaw will review the proposal as it presently exists. - ~r~:~. ei .f ., J Mr. Bradshaw explained to the Board that a deadline is being faced with the Department of Transportation concerning their offer to fund a transportation planner for Orange Ceunty over the next year. A County appropriation of $1,500 will be matched with $13,500 from the State to qualify Orange County for the grant. Mr. Bradshaw stated he needed the Board's approval for this appropriation, said approval to be submitted to Raleigh by the 19th of May. The staff envisions the total cost to the County for one year to be approximately $3,000 and would include supplies and equipment necessary for the position. Mr. Gattis informed the Board the State has invited Orange:Caunty to apply for the grant, however, the grant may not be awarded to. the County. Upon motion of Commissioner Gustaveson, seconded by Commissioner Willhoit, it was moved and adopted to authorize the County Manager to provide to the State Department of Transportation the assurance that. the Board will provide the local match for the transportation grant. The Board adjourned for lunch at this point in the meeting. Commissioner Walker was excused for the afternoon session of the Commissioners' meeting. Item 17: The Commissioners will take the "Oath of Office" as members of the Board of Equalization and Review for 1975. Kathyrn Hester, a Notary Public, administered the'Oath of Office to members of the Board as members of the Board of Equalization and Review. For copy of Oath of Office, see page 573 of this book. Item 16: The Planning Berard is submitting to the Board of Commis- sioners for their consideration: A. Property of Margaret Graham - This preliminary plat depicts a major subdivision of seven lots located at the intersection of Piney Mountain and Whitfield Roads in Chapel Hill Township. The smallest lot in this proposed subdivision is qne acre or more in size and the largest lot is approximately two acres in size. All lots front on State Road #1732. The Planning Board recommends this subdivision be approved provided: 1. The usual notation relating to restricted developmetn potential be recorded on lot number one because the soil is of poor quality far septic tank use. 2. The final plat should reflect a site easement as set out by the Department of Transportation. 3. The same road center line shown on the Department of Transporta- tion maps be shown on the final plat. 4. The property line be shown as the Department of Transportation right of way rather than the center of the road. Mr. Kirk from the Planning Staff informed the Board that Lots 1 and 2 have been enlarged in order to meet Health Department requirements. Lot number one will be labeled "...Of Restrictive Development, etc." THe Planning Staff also recommends a 50 foot buffer be provided on either side of the stream which crosses Lot land part of Lot 2. Discussion ensued. Commissioner Willhoit stated he felt this tXpe of development was very poor, that a wedge would exist behind this sub division. and the number of accesses to Piney Mountain Road would be hazardous. Commissioner Willhoit moved that the plat be referred back to the Planning Board and request .they study a mechanism to minimize the number of accesses from the Subdivision to Piney Mountain Road and to attempt to get some idea of the total plans for development of the property. Fux'ther, he recommended that Lots 1 and 2 be combined or else some justi- fication as to whey they should not be combined. Commissioner Gustaveson seconded the motion and all members of the Board voted aye on the motion which was declared passed. ~~~ Item 9: Mr. Edward P. Pizer, representing Eastowne Office Park, to discuss a civil penalty imposed by the Berard of Commissioners for violation of the County Erosion Control Ordinance. Mr. Pizer stated that he received notice of the civil penalty on the 22nd of March after compliance had been implemented. The project was brought into compliance by two workmen working about 30 minutes to anchor silt fences. Mr. Pizer stated that Eastowne had attempted to do as the Sediment Control•Officer had requested, however, because of bad weather this winter and the particular low spot in which Eastowne is located, work has been slow and difficult. He added that contact had not been made with the proper persons to get the desired results. Mr. Pizer requested that the County Commissioners rescind the civil penalty imposed against Eastowne. Regarding the pond located an the Eastowne property, Mr. Pizer stated that efforts were being made to preserve the pond and he did not want the pond to fill with sediment. The County Attorney informed the Board that they had every right to impose a civil penalty, however, they also have the right to reconsider the penalty if they so desire. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson it was moved to rescind the civil penalty imposed by the Board of Commis- sioners. Commissioner Willhoit stated he felt the penalty could be reduced but not rescinded, that the violations began in February and there have been numerous attempts to get the owners of the project to comply, but to no avail until the penalty was imposed. Further discussion ensued. Commissioner Pinney called for the question. The Chairman called for the vote an the motion. Voting aye were Commissioners Pinney, Gustaveson, and Whitted. Voting nay was Commissioner Willhoit. The motion was declared passed. The County Manager reported to the Board that it was aware that cer- tain sections of the Sediment Control Ordinance were not designed to obtain compliance in an effective way, in that the Erosion Control Officer has little authority to enforce the Ordinance. The consensus of the Board was that the County Attorney, Erasion Con- trol Officer, Planning Director and the County Manager meet and review the Ordinance, and then present to the Board recommended amendments. The Ordinance should also be presented to the State Erosion Control Office for approval. Ray Freeman, Erosion Control Officer, informed the Board that Brendle's Inc. had made some improvements regarding their violation, however, they are not in compliance. They. have been given another deadline. Item 6: Mr. Z. G. Holleman, Director of Durham-Orange Employment Training Service, will present a resolution proposing a one year extension of the current Consortium Agreement. The Chairman recognized Mr. Holleman who requested the Board to approve a resolution extending the Durham-Orange Employment Training Ser-- vice Consortium Agreement from October 1, 1978 to September 30, 1979. Upon motion of Commissioner Pinney, seconded by Commissioner Willhoit, it was moved and adopted to extend the Consortium Agreement from October 1, 1978 to September 30, 1979. For copy of resolution extending the Consortium Agreement, see page 576 of this book. Mr. Holleman informed the Board that he anticipated some decrease in Public Services monies due to a change in the formula which set the amount allocated counties. Item 16: Petitions £or Rezoning These petitions were heard jointly by the Board of County Commissioners and the County Planning Board on February 27, 1978. ~ '} B. W. D. Jones: This petition requests a rezoning from Residential to Rural Commercial for a one acre tract. The Planning Board endorsed this proposed change by a vote of nine to two. The County Commissioners had at a prior meeting requested the Planning Staff and Mr. Jones meet to design a buffer between the requested rezoned property from nearby residential area. The Acting Planning Diredtor, Hal Minis, informed the Board that existing cedar trees would serve as a buffer from surrounding property. Any trees which have to be taken out due to construction will be replanted. Vegetation will be maintained in all set back areas. Entrance to the pro- posed warehouse will be adjacent to the railroad track. Upon motion of Commissioner Pinney, seconded by Commissioner Willhoit, _ it was moved and adopted to approve the rezoning request with the proposed buffer plan as presented by the Planning Staff. The Chairman asked Commissioner Willhoit to review with the Board the proposed Health Board 'legislation. Commissioner Willhoit informed the Board the Public Health Taws do not provide for staggered terms for Board members. He stated he had re- quested Patrice Solberg with the Institute of Government to draft legisla- tion which would provide for staggered terms. This legislation can be implemented th.e next time Health Board members are appointed. Upon motion of Commissioner Gustaveson, seconded by Commissioner Willhoit, it was moved and adopted to forward the proposed legislation to Representative Trish Hunt and request the legislation be introduced when she sees fit. Chairman Whitted informed the Board of a 208 Public Hearing regarding Areawide Water Quality Management Plan, to be held Thursday, May 25, 197$ at the EPA Auditorium, Research Triangle Park, at 7:30 p.m. Written com- ments should be submitted 30 days prior to the hearing. Mr. Whitted informed the Board of the Water Resource Congress to be held May 19th at 10:00 a.m., Velvet Cloak Motel in Raleigh. Commissioner Willhoit stated he would plan to attend this meeting. The Chairman brought to the Board's attention a request form the - Brunswick County Commissioners that the Board support a resolution asking the State to build a school for the deaf in Wilson, N. C. The Board discussed this item briefly and stated that in order for this matter to have it fullest impact, it should be taken up at the Legislative Conference. Upon motion of Commissioner Willhoit, seconded by Commissioner Pinney, it was moved and adopted that the Clerk forward a letter to the Brunswick County Commissioners informing them of the Board's action. The Board discussed the recent enacted Creech Bill and its financial affect on local governments. Commissioner Gustaveson suggested that the Board meet soon with the two school boards in the County to discuss their capital outlay needs, proposed programs for the new fiscal year, and their feelings regarding the Creech Bill. Discussion ensued among members of the Board regarding the possibility of a thorough discussion of the affects the Bill will have on local governments and schools at the next legislative conference. The consensus of the Board was that the Clerk write a letter to the Executive Director of the N. C. Association of County Commissioners and request that such a discussion be conducted at the May meeting if possible, or as soon as feasible. Copies of this letter should also be sent to Dewey Scarboro, and Dr. Glenn Deal. The Clerk was requested to sent for copies of the Greech Bill and Public Law 94-142 and other legislation listed in the Federal Register relating to Public Law 94-142. Item 16: Petitions for Rezoning C. Irving E. Nunn, Jr. - This petition requests rezoning from Residen- tial to Rural Commercial. The Planning Board unanimously endorsed this request. ;~ _ , The Board of Commissioners had previously reviewed this zequest`'an'~ has requested the Planning Staff meet with Mr. Nunn and, attempt to design a buffer between the proposed rezoned site and other property in the area. Eddie Kirk, from the Planning Staff, stated that a 60 foot right of way would be dedicated running down the property line of Mr. Nunn. This property is densely wooded and Mr. Nunn has agreed that vegetation would be maintained in the 5D foot set back area, as shown on the plat. Upon motion of Commissioner Pinney, seconded by Commissioner Willhoit, it was moved and adopted to approve the rezoning request of 2. E. Nunn, Jr. with the. 50 foot set back requirements. Upon motion of Commissioner Pinney, seconded by Commissioner Willhoit, it was then moved and adopted that the rezoning request lie approved upon the condition that the minor subdivision plat is approved by the Planning staff. The Acting Planning Director introduced to the Board Brian Benson, a new planner in the Planning Department. M. Minis informed the Board that the Planning Board was anxious to go to work on a Countywide Zoning ordinance. They are proposing to establish a task force for this purpose. The Board of Commissioners asked that the Planning Board wait before initiating such action. Upon motion of Commissioner Pinney, seconded by Commissio er Willhoit, Agatha Johnson, Clerk the meeting was adjourned. / ~ ~!;=~/~ 't ''Richard Whitte , Chairman Z BOARD OF EQUALIZATION AND REVIEW "' MAY 8, 1978 The 1978 Orange County Board of Equalization and REview convened at 7:30 p.m., May 8, 1978 in the Commissioners' Roam of tl~,e Orange Cauxxty Cauri house. The following members of the Board were present: Richard Wliitted;i. Norman Gustaveson, Jan Pinney and Donald Willhoit. The Board heard appeals of 1978 real property tax valuations by the following persons for the indicated properties: Township T_ax Map Block Parcel E. Wayne Robinson Chapel Hill 67 >_' 8 Eugene A. Conti and Jennifer Wingard Eno 21 - 80 James R. Farlow (for Ruth F. Powell) Chapel Hill 93 H 23 Joseph W. Campton Cedar Grove 33 - 36 Lee W. Settle Cheeks 28 - 7 Carson Thomas Cheeks 18 D 11 J. Herbert Holland Chapel Hill I13A A 1,5,8 (for Margaret Allen) Chapel Hill 93 H 26 (for Hazel R. Farrell) Chapel Hi11 93 H 28 F_ (for A. Dwight Price) Chapel Hill 103 D 10,10A The Board also considered appeals by James A. Wild e (Ghapel Hill Town- ship, Tax Map 52D, Block D, Parcel 14), Charles S. Fox, Jr., (Bingham Town- ship, Tax Map 34A, Block A, Parcel 10), anc? Guy McAllis ter (Chapel Hill Township, Tax Map 8A, Block A, Parcel 15) altho ugh thes e appellants were not present. The Tax Superivsor read letters o f appeal from these three appellants to the Board. The adopted appropriate orders reducing the 1978 valuation appealed by E. Wayne Robinson (Chapel Hill Township, Tax Map 67, Block F, Parcel 8) from $85,300 to $51,900; confirming the 1978 valuation of $44,100 appealed by James A. Wilde (Chapel Hill Township, Tax Map 52D, Block D, Parcel 14);