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HomeMy WebLinkAboutMinutes - 19780605~~ 1t was pointed out that the Board .should move to develop regulations regarding the operation of dumps, and to make sure the Ordinance is being enforced. The meeting was then adjour~ed~ w!'%";' 1 ' ~~= - /RichardWhitt~d,LChairman Agatha Johnson,•Glerk MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS JUNE S, 1978 The Orange County Board of Commissioners met in regular session on Monday, June 5, 1978, at 10:00 a.m. in the Commissioners' Room of the Court House in Hillsborough. Present were Chairman Richard Whitted, Commissioners Norman Gustaveson, Jan Pinney, Norman Walker and Donald Willhoit. Staff Members present were S. M. Gattis, County Manager; Neal Evans, Finance Director; Geoffrey Gledhill, County Attorney; Joe Bradshaw, Administrative .Assistant and Agatha. Johnson, Clerk to the Board. The Chairman referred to item 1 on the agenda: Does any member of the Board wish to, add additional items to this agenda? items added were: a road matter to be discussed by Commissioner Pinney, the Board needs to take certain actions not resolved as the Board of Equalization and Review, a report from the Finance Officer in regard to Item 5-B and Ben Lloyd asked that he might address the Board. Item 2: The Clerk submits minutes of meetings held May 8, 16, 22, and 30 far consideration. May 8th - Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, the May 8, 1978 minutes were approved. May 16th - The Clerk was requested to review the tape of this meeting to clarify one portion. These minutes were deferred. May 22nd - Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, the May 22, 1978 minutes were approved. May 30th - Upon motion of Commissioner Gustaveson, seconded by Commissioner Willhoit, the May 30, 1978 minutes were approved. Item 3: David Hughes, Deputy and Grime Prevention Officer in the Sheriff's Department, will recommend the Board adopt a County Ordinance controlling door to door soliciting. Mr. Hughes explained to the Board that the proposed ordinance _ is a part of the "Communities Watch Program" and would require that people who go from door to door selling goods or soliciting, to fill out an application at the Sheriff's Department and to obtain a pezznit to carry on this activity. He requested the County Attorney be authorized to develop such an Ordinance which would reduce "flim- flam artists" working in the area. C~; ~ " . _~ Upon motion of Commissioner Walker, seconded by Commissioner Gustaveson, it was moved that the County Attorney be authorized to look into the Ordinance enacted by the Towns of Chapel Hill and Carrboro. Discussion ensued regarding what the proposed County Ordinance should contain. Some members of the Board felt the Ordinance should be as broad as possible. Discussion ensued as to how an Ordunance,of this type would affect Cancer Fund, United Fund, Heart Fund drives and the selling ,of local produce. The consensus of the Board was to request the `County Attorney to research the General Statutes regarding such an Ordinance, to - review the Ordinance developed by the Towns of Chapel Hill and Carrboro, and to develop an Ordinance for the Board's consideration at the third Tuesday's meeting. Commissioner Walker withdrew his motion. Chairman Whitted informed the Board of a public hearing regarding Crime Control scheduled for Z:00 p.m., August 29th at the County Court House. The Chairman asked Ben Lloyd to present his matter of concern to the Berard. Mr. Lloyd requested that his Organization, the Landowners Association, be given a copy of the proposed 1978-79 budget for review. He further asked that several copies of the budget be available at the public library for citizens to check out. Mr. T,layd then requested that the Board look around for other' sources of revenue or else "].earn to say no". He added that the large landowners. in the County felt they were paying enough taxes. Bobby Nichols and Bill Dorsett stated they supported the remarks of Mr. Lloyd. The Finance Officer stated he would ask the Library Officials to be responsible for checking in and out of the budget document. item 4: Appointments A. One vacancy exists on the Recretation and Parks Advisory Council. It was pointed out that recommendations have not been received from the Advisory Council. This was deferred until a later meeting. B. One vacancy exists an the Orange County Board of Adjustment. The Board was in~armed that two alternates exist on this Soard and they are Thurman R. Adcock and Regina Nobbla.tt. The Board requested that the alternates be consulted to see if either wish to serve as a full member to the Board of Adjustment. C. The term of Ms. xlse Sonner on the Chapel Hill Board of :'- Adjustment will expire June 30, 1978. That Berard recommends Ms. Sonner be reappointed. ~ Upon motion of Commissioner Gustaveson, seconded by Commissioner Willhoit, it was moved and adopted that Ilse Sonner be reappointed - to the Chapel Hill Board of Adjustment. D. One vacancy exists on the Carrboro Planning Soard as Ms. Sherry Wogen has rea:igned. The Board was informed that letters have been sent to the Carrboro Board requesting recommendation; however, no recommendations have been received. This appointment was deferred. . = ~, ~! E. Ms. Connie Grove has resigned from the Youth Services Needs Task Force. The Task Force has recommended Jim Huegerich be named as her replacement. The Clerk stated that a resume' had been sent to Mx. Huegerich; however, it has not been returned. This item will appear on a later agenda. F. The term of Mr. Paul Morris, a Caunt.y appointee to the Orange Ldater and Sewer Authority, will expire June 7, 1978. A resume has also been sent to Mr. Morris. xhis item will appear. on a later agenda. Item 5: The Manager recommends adoption of two budget amendments prepared by the Finance Department: A. Appropriating remaining fund balance of the Orange Fire District. The Finance Officer informed the Board that the Orange Fire District would rat have a fund balance to start the new year with and which would mean they will have less monies for next year with this appropriation. Upon motion of Commissioner Willhoit, seconded by Commissioner Gustaveson, it was moved and adopted to accept the Manager's recommendation to approve the budget amendment as prepared by the Finance Officer. B. Providing additional funds to cover legal services rendered the Social Services Department. The Finance Officer reviewed for the Board the monies paid through the Finance Department for Social Services legal fees through May 17thr' The total amount for Social Services if $8,477.72. xt is projected that $9,500 will be needed for the remainder of the fiscal year. The proposed budget fox 1978-79 called for $15,000 for Social Services legal fees. The Social Services Director, xom Ward, stated that new legislation had been passed which allows the Juvenile Judge to appoint a guardian ad ].item in some cases. He stated that legal assistance is needed on every case that a guardian ad litem is appointed. Neal~Evans stated the typical charge fvr the County Attorney is $50.00 per hour fox out of court time and $75.00 for in court time. The charge for the IV-D program is $40.00 per hour, as this is the only amount the State will xeimburse the County. The State will not reimburse fvr in court time. Dlr. Evans explained that the purpose for the in court and out of court time is fvr billing in two different sections. The $50.00 is xeferred to the State for reimbursement and the $75.00 is paid under County procedures for any in court billing. Discussion ensued regarding the use of the County Attorney in child abuse cases. Mr. Ward stated that his department uses the Attorney about 80 percent of the time for abuse cases. The attorney is also used in staff txaining, consul-. tation and in termination of parental rights of children who are in foster home care. In response to a question raised by Mrs. Josephine Barbour, the Chairman to the Board stated that the Board has not formally considered employing a full time County Attorney. Commissioner Gustaveson stated he had given this question considerable thought and the cost would be pxohibited given thz kinds of work the attorney would have to perform. He stated that peak load periods would mean employing another attorney in ordex to get the work performed. That pxesently the County is getting a bargain. 1,~.~ Commissioner walker stated that he felt it was encumbered upon the Board to find vut the cost of all legal fees and if the County could benefit by a full time attorney, he would be in favor of this. He stated further that this is not a personal attack on the County attorney's firm, but to attempt to trim any excessive cost out of the budget. Upon motion of Commissioner Gustaveson, seconded by Commissione'~.; Pinney, it was moved and adopted that the three budget amendments under Human Services Social Services, Administration - Legal Services; Social Services; Adult services, Shore Services, and Support Enforcement - Legal Services be approved. The Finance Officer continued with his financial report of the cost of legal services. He stated the legal fees paid for the IV-D program as of May 17th is $4,872.42. The estimate for the remainder of the year is $5,500. Commissioner walker asked that the contract between Orange Ccunty the the firm of Coleman, Bernholz and Dickerson, for legal services to the Social Services Department _before the fiscal year 1977 through 1978 only. The Finance Officer continued with his report of legal fees paid through May 17th. He stated from the General Fund was paid $41,855.40 in fees. Other expenditures appearing in the budget are $720.83, the Education Bond.lssue. He stated there would be additional legal expense in this fund, which will be coming Pram the New York Band Counselor. This will be a very substantial figure. Part of this expense will be made up of interest received from investments. This is a one time expense. The Emergency Medical services Contract has required $495.00 in legal expenses. This amount relates specifically to the Motorola Contract. Approximately $644.00 has been paid to the legal firm for foreclosure cost which came through the Tax Collection system. Also, $200.00 were paid to Lucius Cheshire for the same service. An amount of $3,628.81 is held by the Attorney as trustee in a foreclosure account. This is total cost for taxes, etc. due by the foreclosure of property. This money will eventually be returned to the County, except for the County Attorney's fee, which is unknown at this time. Mr. Evans stated that $10,347 was paid to the firm in regard to the Town of Mebane situation. The matter involving the Board of Election vs. Lloyd .and others cost the County $9,760.64 in legal fees. Another election bill related to challengers is $960.00. Regarding the x-40 issue, $1,963 was paid to legal counselor for his services for a comprehensive package which took the farm. of an impact statement. Additional EMS items have required $1,045 of legal services. This matter does not relate to Motorola, but is concerning Southern Bell. The amount of $902.50 was paid for legal services in drawing up the Data Processing Contract. Other amounts paid the County Attorney. are $845.00 for Sedimentation and Erasion matters, $625.00 regarding the riot incident at Buckhorn Crossroads, $850.00 for mobile home and electrical activities, $475.00 regarding the open meetings law, $556.53 for the road assessment program, this amount will be reimbursed to the County. V ..ry ~ Additional amount recited by the Finance Officer are: $185.00 regarding an erroneous suit, $220.00 for transporting mental patients, $317.50 regarding Orange Lake, $187.50 - Health Department, $240.00 - Board of Adjustment, $387.00 - the St. DuBose tax matter, $162.50 - Register of Deeds, and $415.00 for the unified tax proposal. The Finance Officer stated that after all adjustment had been made in these figures, he would estimate the total county cost for legal services amounted to somewhere in the range of $56,400. Mr. Walker stated he was quite satisfied with these figures. Item 6: The Managex recommends a contract between Orange County and Coleman, Bernholz and Dickerson for legal services to the Social Services Departmept be renewed. The County Attorney stated that this contract extends the present contract through June 30, 1978 and recontract under the same terms through June 30, 1979. The contract has a provision which has an automatic extension year to year with either party having the tight with 30 days notice to the other to terminate. Gommissioner Gustaveson moved and Commissioner Pinney seconded that the contract be approved as submitted. Commissioner Walker reminded the Board of his request that the contract not be extended beyond this fiscal year until after the budget hearing. Chairman Whitted asked Commissioner Gustaveson to agree to a friendly amendment to extend the contract from July 1, 1977 through June 30, 1978. Mr. Gustaveson agreed to this friendly amendment. The Chairman called for a vote on the motion and all members of the Board voted aye- The motion was declared passed=~ (For copy of Contract, see page 607 of this book.) Item 7: The Manager recommends the Board approve a grant application to the North Carolina Humanities Committee by the Women's Commission for funds to conduct a series of workshops. Nancy Parks, Coordinator for the Commission for Women, stated that no County monies would be requited for this proposal. Upon motion of Commissioner Pinney, seconded by Commissioner Willhoit, it Baas moved and adopted to approve the grant application to the North Carolina Humanities Committee by the Women's Commission. Item 9: The Board should set a date for the budget hearing. The Berard scheduled Tuesday, June 13, 1978, at 7:30 p.m. as the date of the budget public hearing. 'The meeting .will be held in the Superior Court Room. Other meetings scheduled as budget work sessions are Wednesday, June 7, 1978; Thursday, June 8, 1978; Monday, June 12, 1978; Tuesday, June 13, 1978 public hearing; Tuesday, June 20, 1978 regular meeting and work session, June 22, 1978 work session and June 26, 1978 regular fourth Monday meeting, and the date to adopt the budget. All meetings are scheduled to start at 7:30 p.m. The County Manager will schedule agencies to appear at the budget sessions. The Board adjourned for lunch, Item 11: The Manager recommends the Board approve a description and map of the west Orange Fire District. This approval is needed for the Fire District to complete rating requirements for insurance. Upon motion of Commissioner Walker, seconded by Commissioner Gustaveson, it was moved and adopted that the description and map of .tY}e ~1eSt Orange Fire District be approved. .., ..e (For description see page 609 of this book.) Chairman Whitted recognized Bi11 Laws, Tax 5upervisox, who presented to the Board several Board of Equalization and Review matters for their consideration. (1) Eugene Conti - The property of M]r. Conti has been re-evaluated at $500.00 per acre. The recommended new evaluation is $23,000 instead of $33,000. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to accept the Tax Supervisor's recommendation. (2) Herb Holland - Allen Motel. The original evaluation was $54,800. The new evaluation based on the income of the rental is re-evaluated at $49,500. Commissioner Walker, seconded by Commissioner Gustaveson, moved to accept the Tax Supervisor's recommendation. All members of the Board voted aye on the motion, except Commissioner Willhoit, who voted nay. The motion was declared passed. (3) Herb Holland for A. Price. Mr. Price has two different properties: (1) for $70,700 for six units and (2) for $43,000. The previous evaluation for both projects was $113,000. The recommended re-evaluation is $107,400. Upon motion .of Commissioner Walker, seconded by Commissioner Gustaveson, .it was moved and adopted to accept the Tax 5upexvisor's recommendation. (4) Jim Farlow for Ruth H. Howell. This property is adjacent to the Masonic Building in Chapel Hill and was originally evaluated at $13,900. The Tax Supervisor recommends no change. Upon motion of Commissioner Willhoit, seconded by Commissioner Pinney, it was moved and adopted to accept the Tax Supervisor's recommendation. Mz. Laws asked the Board to schedule a time to hear the appeal of Alston Watts. The Board agreed to hear this appeal some time in July. The Chairman referred to Item 8: The Erosion Control Office will report Brendles, Inc. in violation of the County Erosion Control. Ordinance and recommend resumption of the maximum civil penalty allowed by the Ordinance. Mz. Whitted recognized Ray Freeman, Erosion Control Officer. Mr. Freeman reminded the Board the the Brendles matter had come before the Board on March 15, 1977 at which time the Board decided to assess a fine of $100.00 per day until such time as the site was brought into compliance. The project was in compliance on the 11th of April; however, since that time the site has gone back again into non-compliance. New deadlines have been given and were not met. Mr. Freeman asked that the Board of Commissioners authorize the Erosion Control Officer and the County Attorney seek injunctive relief. Further, he asked that the Board consider an additional civil penalty and to notify Mr. $ritt of Son-Shine Grading that his first civil penalty is past due. .... -, ~_~+ Mr. Freeman stated that the plan of the grading contractor calls for a dam three feet above.the surface on which they are working at all times. Commissioner Pinney moved that the County find Brendles in non-compliance and to assess a c.ivil.penalty_of $100.00 a day until such time as they are in compliance, and that the County Attorney be authorized to seek injunctive relief against Brendles. The County Attorney reminded the Board that he had suggested that before fines are assessed in such cases, that notice be given to the proper parties, and that they be given an opportunity to appear before the Board with an appeal. He added this would not affect the Board's decision to seek injunctive relief. The Chairman declared Commissioner Pinney's motion died far lack of a second. Commissioner Gustaveson stated he felt a hand delivered letter should be sent to Mr. Britt indicating that the Beard would consider a second civil penalty effective May 1, 1978 if the project is not brought into compliance and to wait on the injunctive relief. Commissioner Pinney moved, seconded by Commissioner Willhoit, to authorize the County Attorney to seek injunctive relief against Son-Shine Grading Ca. for their violation of the Erosion Control Ordinance. All members of the Board voted aye on this motion, except Mr. Gustaveson who voted nay. The motion was declared passed.' Mr. Freeman was requested to advise Mr. Britt that a new second civil penalty would be assessed effective May 1, 1978, and that the first penalty of $2,600 is past due. Commissioner Pinney asked the Clerk to contact Mr.;...Chappel at the Department of Transportation that pipes on State Road 1949 needed cleaning out. Mr. Whitted reminded the Board of a meeting of June 5, 1978 at 7e30 with the burham City Council. Dr. Sim Leutze will make a statement regarding the Durham-Orange Employment and Training service. Item 12: The Manager will file his recommended budget for the 1978-1979 fiscal year with the Clerk. The Finance Officer presented to the Clerk to the Board a copy of the 1978-79 budget for public inspection. The meeting was then adjou.~d. . ~' ~~ ~ '/Richard Whitted, Chairm~- Agatha Johnson, Clerk _. CCLEhIAN. SEA\HOLZ &_ DIClCEA50'a ,:TTO~`EY5 AT LA~r/ CHAPEL HILL, ~.C. t::LL56040UGH. N.C. ~a NORTH CAROLINA j ORANGE COTJNTY I THIS AGREEMEN'T', made and entered into this the 5th day ~ of June, 1978, by and between Coleman, Hernholz & Dickerson, Attorneys at Law, Orange County, North Carolina, hereinafter referred to as ATTORNEYS, and Orange County, hereinafter referred to as the COUNTX; W T 7.' N E S 5 E T H: WFIEREAS, the Orange County Department of Social Services (hereinafter referred to as the DEPARTMENT) has need of special legal services, not otherwise provided by County government agenci s,. in connection with its services to needy and depend~ht persons in Orange County, the administration of its functions under the provisions of Article 9, Chapter 110 of the General Statutes of North Carolina and other laws of the State and representation of ~. the DEPARTMENT, its caseworkers and employees be~f'ore~the various courts and agencies of the State of North Carolina; and i WHEREAS, ATTORNEYS and COUNTY have previously contracted. one with the other, for the purposes and consideration set forth herein to the mutual satisfaction of both for the period July 1, I 1976 through June 30, 1977; and WHEREAS, it is the desire of COUNTY and ATTORNEYS to extend the said contract from July 1, 1977 through June 30, 197'8; and NOW, THEREFORE, in consideration of the premises and a mutual terms and agreements hereinafter set forth, the COUNTY and ATTORNEYS do contract, each with the other, as follows: - 1. That ATTORNEYS shall perform such services and ren~ C such advise to the DEPARTMENT on such occasions as shall be re- quired by the Director of the DEPARTMENT and, with the approval of+ said Director, employees and caseworkers as shall require the services of ATTORNEYS. I ~~' '~' ~ 2. That Attorneys shall be compensated far all services rendered in connection with paragraph number 1 above based on an hourly rate for services performed of Fifty Dollars ($50.00) per hour, such houzs and amounts to be furnished to the County Finance Officer or his designate far payment. 3- That ATTORNEYS shall keep an itemized- record of work performed for the DEPARTMENT on a case by case basis and shall submit its bill therefor showing a breakdown of those services performed and the cost. 4, That this Agreement sha11 exist and continue from July ]., J•977 to and including June 30, 1978 unless so~ner'termina. ted by thirty (3.0) days written notice to the other party. IN WITNESS WHEREOF, the COUNTY and ATTORNEYS have haze-- unto signed this Agreement in duplicate originals, on•e of which is retained by each party hereto and either of which is sufficien~ as the original. •~ ORANGE COUNTY '~, ' ~ BY i R chard E. Whetted, Chaiz;ma ~~,~ Orange County Board of Commission A'x'TEST: Aga R. Ja nson, Jerk to the Board o~ Orange County Commissioners COLEMAN, B~[iOLZ & Dx^IiE b. D-c~cexsan ATTORNEYS AT LAW CHAPEL HILL. N.C. litLL58OAOVGY., N.C xhis instrument has been`preaudited in the manner required by the x,ocal Government Budget and Fiscal Control Act. W. Neal Evans, Orange County Finance Officer i ,-' F''% i; ~ '~~ . ~~ %' ~ WEST ORANGE FIRE OISTRICT Orange County Served by: Efland Fire Department 4-Mile Beginning at point (1) on Road 1004, 0.2 mile northeast of its intersection with Road 1351; thence southeasterly to point (2) on Road 1336 at the bridge over the Eno River; thence southerly along the Eno River to point (3) at its intersection with Road 1144; thence easterly along the centerline of Road 1144 to point (4) at its intersection with Road 1134; thence southwesterly along the centerline of Road 1134 to point (5) at its intersection with Interstate $5; thence southwesterly to point (6) at the intersection of Roads 1125 and 1176; thence northwesterly to point (7) on Road 1120, 1.0 mile south- west of its intersection with Road 1136; thence northwesterly to point.(8} on Road 1137, 1.7 miles southwest of its intersection with Road 1144; thence northwesterly to paint (9) at the intersection of Roads 1144 and 1114; thence northerly along the centerline of Road 1114 to point (l0) at its intersection with Road 1310; thence northeasterly along the centerline or Road 1310 to point (11) on Road 1310, 0.2 mile south of its intersection with Road 1306; thence northerly to point (12) at the intersection of Roads 1310 and 1306, including property on both sides of Road 1310 between this and the preceding point; thence northeasterly to paint (13) on Raad 1340, 0.9 mile northwest of its intersection with Road 1341, including all property on Raad 1342; thence northeasterly to point (14) on Raad 134 0.4 mile north of its intersection with Road 1339; thence northeasterly to paint (15) pn Rbc:; 1351, 0.2 mile northwest of its intersection with Road 1004; thence southeasterly along the centerline of Road 1351 to point (16) at its intersection with Road 1004; thence north- easterly along the centerline of Road 1004 to point (1), the beginning. k COUNTY OF ORANGE 6 STATE pF NOFiTFI CAROLxNA t I, AGATHA JOHNSON, Clerk to the Orange County Board of Commissioners, do hereby CERTIFY that the foregoing descrip- tion of the West Orange Fire District was approved by the Ora;ige County Board of Corimissiono,s in regular-session on June 5, 1978, and said action is recorded in minute docket book numkaer 10 of the Board of Commissioners_ ~' WITNESS and hand and seal of said Bdazd of Commissioners this the 6th day of June, 1978. ~. Ica-evL. ' Agat a Johns , Clerk to the Orange, Count Board of Commissioners ~~ ~, ~1~CS~ ~~a~~~. ~re ~, `. P ,i•: "1 , 0 ' ' 1340 p ~~` 13:~ 1341 ,S , ` I ~ L, 1-2 1343 ?~ ~'^^, 1332 13eb v n .~I `~~ ~~ %~~ '^ ~'"~S' ~, ; b =0 ~ 1 i 42 __ _ •:7. 1140 :~ •. ' '77 . ~ ~~ 1139 ~~ - Y 3 ~3~.~ ~ca~~ I'~~v31i~E' ~--Yyt ti1°_ ~_: d• 4J, ` 13s: cti~i~ ~: /~ llf;.l ~. .... '.- - CCUNT`l OF ORANGE STATE OF NORTIi Cp,ROS,2NA I, p,GATHA JOHNSON, Clerk to the Orange County Boai:d of Commissioners, do hereby CERTIFX thatrovedfbYethenOrange f the West Orange Fire District was app y County Board of Commissioners in regular session an June 5, lg'7g, and said action is$~a~odro~dCo~issioners~ket book number l0 of the Orange County WITNESS and hand and seal of said Board of Commissioners this the 6th day of June, 1978.