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HomeMy WebLinkAboutMinutes - 19780620MINUTES ORAYdGE COUNTX BOARD OF COMMISSIONERS JUNE 20, 1978 The Orange County Board of Commissioners met in regular session on Tuesday, June 20, 1978 at 7:30 p.m, in the Commissioners' room of the Court House in Hillsborough, N. C. Present were Chairman Richard Whitted, Commissioners Norman Gustaveson, Jan Pinney, Norman Walker and Donald Willhoit. Others present were S. M. Gattis, County Manager; Neal Evans, County Finance Director; 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 Hoard desire to add additional items to the agenda? The Chairman stated he had items of information to be given to members of the Board. An unidentified male stated he wished to address the Baard regarding the proposed tax increase. Ben Lloyd asked to be given an opportunity to address the Board. The Chairman referred to Item 3: A resolution requesting the County Board of Elections to call a special election on the question, sale of alcoholic beverages by the drink in certain establishments. The Chairman stated that in 1977 the General Assembly passed a Bill which allowed local units of government-with the A'BC System to call for a local referendum regarding the sale of mixed beverages in social establishments and restaurants. Chairman Whitted read to the Berard a resolution, prepared by the County Attorney, requesting the County Board of Elections to call a special election on the question. He stated that the Board of Elections would set a date for such an election. Commissioner Pinney expressed his concern with asking residents to vote on an issue before rules and regulations are clear. He stated that people should have some knowledge of what they are voting on. The Chairman stated that rules would .be similar to those used in the State of Virginia. The question that will appear on the ballet is whether or not on-premises sale of mixed beverages will be allowed that...the regulatiens will probably not change the opinion of how a ~roter might vote. Commissioner Pinney replied that~he felt voters should have all the information. Commissioner Willhoit moved that the resolution requesting the Orange County Board of Elections to call an election on the question of whether the on'premises sale of mixed beverages should be allowed in certain establishments. and that the Board of Electiuns set a date for said election. Commissioner Gustaveson seconded the motion. The Chairman called for a vote on the motion. Voting aye were Commissioners Gustaveson, Walker, Whitted and WXllhoxt. Voting nay was Commissioner Pinney. The motion was declared passed. For copy of Resolution, see page 639 of this book. The Chairman asked that the meeting be moved to the Supezior Courtroom to accomodate the crowd. ~;~~n Chairman asked that discussion of the GETA program be added to the agenda. Item 2: The Erosion Control officer will report Brenco, Inc. in violation of the County Erosion Control Ordinance. The Chairman recognized Ray Freeman, Erosion Control Officer. Mr. Freeman stated that on April 11, 1978, the civil penalty which had preva~aslYOneMayllp°lgdgonatletter`of1nonGcompliance. Company was en_ with plans and specifications for new structure5This letterespelled and mailed to Mr. Britt, ownda sffrom receipt•af the letter to out a deadline of 5 working Y bring the project into compliance. Since that time, Mrressinman has made 10 visits to the site and the project was prog g toward compliance until' May 25th. Since that time, the temporary pond has been filled in and the dam is now below the parking lot. There are no Erosion and Sediment controls an the site at this time. Wayne Britt, grading contractor, stated that in his opinion however, the site has been in compliance on several occasicns; the reasons it is natliact aslitscownostoragetfacilitysasewellelf, after completion, wil as catch basin for properties above the site. 'The work is being conducted in a limited space and work is time consuming and aggravating. He stated that sediment structures have been put in about six different times, only to ~h~hsmallestlamounttoft due to the slope and lay of the land, water has no holding impact, but washes off. Mr. Britt asked the Board tc keep these facts in mind in making their determination. In reply to a question posed by Chairman Whitted, Mr- Britt stated that the prOaWi~hhthebexce1tionmoflancoutffalla whererthe the last six weeks, p water actually runs off the site. His company is presently w°rking on the out fall. Mr. Freeman stated that the Erosion Control plsurfaceeatfar a three foot high dam to be kept about the working all times, and this has not been done. Chairman ~dhitted stated to Mr. Britt that the Board was interested in seeing that the site is brought into compliance as soon as possible. piscussian ensued regarding the previous action the Board had taken regarding the Brenco violation. Upon motion of Commissioner Willhoit, seconded by Commissioner Gustavesan, it was moved and adapted to table the discussion of Brenco, Inc. in violation of themEro~henE~psionlControlnOfficerl Monday, June 26, 1978 at 7:30 p. was asked to present a status zeport of the Brenco project at that time. Item 4: The Manager recommends the Board approve execution of a contract with the Farmers Home pdmi~istration, Cedar Grove Fire Department and Trustees of the Cedar Grove Fire District concerning levy of certain special fire taxes. The County Manager informed the Board that the contract presented was a standard formroved by the CountysAttorneyministration and the document has been app Y . ...~..,._,_...~, ..,K.._.,.,.-~,. ........... .. m..,~,~,....,~,.,~. - - .v.._.~ ...~..~.._s---__. . A~ Upon motion of Commissioner Gustaveson, seconded by Commissioner Walker, it was moved and adopted to approve the contract with the Farmers Home Administration, Cedar Grove Fire Department and Trustees of the Cedar Grove Fire District concerning levy of certain special fire taxes. For copy of said contract, see page 641 of this book, Item 6: General Budget Discussion A. Trustees of the Hyconeechee Regional Library The Chairman recognized Lloyd Osterman, Director of the Hyconeechee Regional Library and Head °f the Orange County Library. Mr. Osterman stated that he and Trustees of the Library were present to make a plea to the Board for additional funds over what appears in the maintenance budget. The amount allocated to the library last year was $52,p00. This year's proposed budget shows an increase of $3,000 for a total of $55,000. The proposed budget will not provide money needed for the purchase of books, supplies or for maintenance of vehicles. Mr. Osterman stated the County Library. would need an increase of $8,000 in order to maintain the present level of services. The use of the County Library has increased 21~ over last year. Ms. Katherine Seelye, a Library Trustee, reiterated points which Mr. Osterman had painted out. Mr. Osterman requested that the Board review the proposed library budget for the coming year. Item 5: The Board of Health has approved a system of fees for septic tank and well work. Commissioner Willhoit and Jerry Robinson will review the proposal. The Chairman recognized Dr. William Mayes, Chairman of the Board of Health. Dr. Mayes reminded the Board of the February 23, 1978 meeting at which time the Board of Commissioners expressed hesitance regarding the charge of fees other than for soil and well work, The Commissioners further had asked that the other health depart- ments be surveyed to see what they are doing regarding €ees. From the information gathered, the Board of Health recommends that fees be established for soil (septic installations) work and.foX well work, if and when regulations are adopted regarding wells. Also, the Berard of Health decided on the principle of full cost recapture to a present calculation maximum of $69,93 for one lot for the three services involved in septic installation. Regarding well work, the same three service breakdown should be established at the same cost, The Board of Health has discussed the possibility of combining soil and well visits by the sanitarians. xf this can be accomplished, the owner will be given a cost break. 4 The recommendation of the Health $oard is that the maximum cost for a septic installation and well would total a maximum of $129.86 for a lot. Dr. Mayes stated that the Board of Health would support staff only if funds accrued are used to develop more and better health services to the County. He added that a majority vote of the Board would change this recommendation i,f these fees are simply used as a devise to keep costs and services at the same level. Conunissioner Walker expressed his dissatisfaction with the recommendation of the Health Board that fees be used to expand services. Mr. Walker stated he was against charging fees of any kind,and that.he could see a never ending process of fee charging with this recommendation. ~. :- L~ u+ ~. Whitted reminded the Board that this is a recommendation of the Health Board andac~e nothe recommendationrs should have a later opportunity to taxpayers Dr, Mayes stated that with the use of fee monies, would pay less fOr.health services and that the fee money could be used as seed monies to draw down FederTQ ramst~o me~tathedneeds that the Board and specifically inxnartherngOrange County. of the County, Commissioner Pinney stated he was not happy with the statement of the kiealt~heogpardhwouldnchangeltheersrecommendationrned to the Health Agency, regarding fees. .7erry Robinson stated that the cost invoar~ment workeremightdule was developed by looking at what a Health Dep be doing during the day and the services provided. The fees axe recommended in concert with State statutes and will result in re- capturing the cost for services rendered. Mr. Robinson reviewed the fees proposed far land development services. Preliminary Lot Evaluation -- First acre cost per job per day would be $9.75- Analysis of second acre on per job order on same day would be $3.25 per acre. Bail Analysis on each lot at a cost of $25.97 Tnspectian for zmpravement Permits $19-4g Inspection for Certificate of Completion $19.48 Every lot would cost a minimum of $64.93 The Chairman then opened the meeting for public comments. Mike Woods spoke against the charging of fees for land development services. Mr. Whitfield from Chapel Hill stated he ftraciehe x~estat~a a discrimination against persons in the building the fees were toher1or not thetsoillwould takela septic tank. . guess as to whet stem is implemented admire" He stated that when a fee collection sy istrative cast will increase. He suggested that..if additional personnel is needed lnrsonnelaand foPge~about1chargingofees. should provide that pe Mr. Whitfield statedoth~tregis~ereduengineeraorearchitecttto im their desire to emp y inspect and approve septic tanks and lots to prevent the delays being encountered. This would be at na expense to the County. Bill Dorsett stated he opposed a fee schedule of any tYPe. in the Health Department. Raymond Montgomery, Chairman of the Orange County Republican said the proposed fees were. another f6rm of taxation. He Party, ra osed budget should be trimmed and taxes added that he felt the p P not increased. xyr, Goforth, a local developer, stated that the lack of personnel in the Health Aepar.tmebnusinesspst him more than $65.00 in his (proposed fees) building t~ Commissioner Willhoit stated that additional sanitari.ans were added to the Health Department's staff last February due to the increased environmental health services. That .fees are a cost of development and that the cost should be put up front. He stated that to provide the services to the public which the Health Department is now providing will mean an increase in the tax rate if the fee schedule is not implemented. The Health Board is also considering the possibility of adding fees for other health services. Josephine Barbour spoke against the setting of fees in the Health Department. Gerry Cohen, a Chapel Hill Alderman, stated that because of the way in which the County tax structure is set up, many new residents in the County do not pay taxes for the first two years before their homes come up for taxation. He added that he felt it only fair that people pay for septic tank inspections and building permits. This way, new home owners do pay some of the cost of county government. Mr. Whitfield asked the Board to consider two questions: 1) Why can't a private builder in the County hire his own engineer or architect to perform soil analysis and septic inspections and 2) Why does the Board want to tack more administrative cost on the taxpayers by the changing of fees? Jerry Robinson stated that a sanitarian acts as an agent for the State of North Carolina and that he does not know whether or not there is a provision in the State law that would alloev for a private engineer to perform these tasks. The County of Orange does not control the method in which the law performs. He suggested that the County Attorney research this suggestion further. Other unidentified persons spoke against the fee collection system. Chairman.Whitted stated that the Board would continue discussion of the proposed fee schedule and would reach some resolution re- garding the matter very soon. The Chairman then asked the. Health Chairman to discuss Item C under Budget Discussion. Dr. Mayes informed the Board of new health programs efforts from the State which needed response, On June 9th, the Division of Health Services asked the Health Board to provide public health services to Orange County migrant workers_ The State will pay for all primary care and hospitalization.. The Department is asked to provide nursing time and local staff support costs to locate, screen, refer and follow-up. It is estimated that one nurse will be needed for two months. On June 9th, Health Services asked the Department to follow-up on all home delivered infants in the Cbunty in an effort to reduce infant mortality and morbidity. Over one year's time, it is esti- mated 2 months nursing time will be needed. Health Services on June 13 asked the Health Department to be the lead agency far all Supplemental Security rncome disabled children supported by the Social Security program in the County. On a yearly basis, it is estimated 3 months nursing time will be needed. - Dr. Mayes pointed out that these were county problems and should be dealt with by the County Health Department_ The Health Director read to the Board a statement comparing the present County Health Services with those services provided by District Health. Mr. Robinson stated that the Health Department was proud of what has been accomplished in a few short months and asked that the County establish priorities and fund accordingly. t^ `+ •,~ Commissicner Walker stated he disputed the statements that Mr. Robinson had made. He said that figures were incorrect and unfounded. Commissioner Gustaveson expressed his appreciation to the Health Director for the statement which showed an active Health Hoard and staff. The Chairman referred to Item 6-B on the agenda: Joint Orange Chatham Community Action. He recognized Gloria Williams and Joe Hackney Chairman of the JOCCA Board. Gloria Williams stated that the proposed allocation of $15,000 to JOCGA is inadequate. J'OCCA had requested $25,000. She stated that mandated basic cost of minimum wages had increased and that insurance and utilities cost and transportation cost had increased and that staff people who have been in training and who have now conformed need to be added tv the administrative staff. Also, salaries in the JOCCA agency are very low and need to be brought up to standards. Ms. Williams asked the Board to consider basic capital improvement funds to renovate the Chapel Hill Multi-purpose Center and the Efland-Cheeks Multi-purpose Center. She asked that $45,000 be set aside to support renovation of these centers. Joe Hackney stated that the basic Community Services Administrative Grant has not increased over the last eight years, and JOCCA has had to absorb all inflationary cost through local funding and community resources. He asked the Board to consider increasing the appropriation to this agency in order that services might be continued in this area. The Chairman then opened the meeting far public input regarding the proposed budget and the proposed tax increase. Those persons speaking against the proposed budget and the proposed tax increase were: William Turner, Ben Lloyd;"Don Bradshaw, W. T. Hobbs, Ray Montgomery, Richard Smit, Scot Gardner, Red Brown, Dr. Parker, Sim Efland and Dallas Long. The final item discussed by the $oard was that of the CETA Program. Mr. Whitted recognized the Personnel Director from the Town of Chapel Hill, Charlotte Pettiford. Ms. Pettiford asked the Board for a short--term funding of the Ridgefield Community Worker, which is a project CETA position with funding to end in July. She asked the Board to consider the Chapel Hill has allocated for 5 substainment positions and one of these positions is vacant. She requested the vacant position be funded as of the end of July with the Ridgefield Community worker until the beginning of the new school year. If this is not possible, Ms. Pettiford asked that the Board consider using monies which accumulate as workers terminate early to fund the position. The County Manager stated that monies will be freed up and carried over if not used. Discussion ensued. Ms. Pettiford stated that approximately $921,would be needed to fund the position until school starts and if the entire amount is not available, she feels the Town of Chapel Hill will pick up the remaining balance. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to accept the Manager's recommendation to request the Town of Carrbar_o to accept financial responsibility for 5 of the 11 CETA slots presently working for the Town, ask Hillsborough to accept financial responsibility for 5 of the 11 CETA slots presently working with the Town, ask Chapel Hill to accept financial responsibility for ZO of the 14 CETA slots in the Town, Orange County will accept financial responsibility for 5 of the 21 slots presently working, the 10 slots presently functioning in non-governmental agencies will be continued until the conclusion date of their existing projects or until September 30th. 2t is further recommended that $40,000 be reserved in contingency to fund positions that may be discontinued because of changed federal regulations on October 1, 1978 and to giant the request of the Town of Chapel Hill to continue the slot for the Ridgefield Community project. There being no further business to come before the Board, the meetzng was adjourned. Richard [+ihitted, Chairman Agatha Johnson, Clerk h S. c~ , ~+ Ci ,~ RE50LUTION •LEMhN, TlERNHOL: h DICKERSON :~"fJAtiEYS AT IAW :lInPE4 HILL. Iti.C. LLSI3JROL7GFi, N.C A meeting of the Board of Commissioners for Orange i :ounty, North Carolina, was held at Hillsborough, North Carolina, re ular place of meeting at 7:30 o'clock p.m-, an June 20, .he g L978. Present: Commissioners Jan Pinney, Norman Oustaveson, i Norman Yr]alker, Richard Whittedr and Donalr? Cdillhoit. I Absent: None ******~r*******,r***a****************~****~r**~r**~r~x~r*****,r**~*****~r*sr WHEREAS the Berard of County Commissioners of Orange ~ County, by this resolution, desire to call an election on the question of whether the on-premises sale of mixed beverages should) I. be allowed in social establishments and restaurants. i IT I5 HEREBY RESOLVED THAT: The Orange County Board of County Commissioners request that the Orange Gounty Board of Elections call an election on i the question of whether the on-premises sale of mixed beverages i should be allowed in social establishments and restaurants. ~ This resolution is effective upon its passage. Thereupon, Commissioner Donald t7illhoit moved the passage of the foregoing resolution and Commissioner Norman seconded the motion, and the resolution was passe r„~~~vccnn by the following votes: Ayes: Commissioners Austaves r.,_ , , ~..,. } Noes: Commissioner•Pinney. **********,r******,x*******~**z*,x*****~r*********************~******* I, Agatha R. Johnson, Clerk of the Board of Commissioner far Orange County, North Carolina, DO HEREBX CERTIFX that the foregoing is a true copy of the proceedings of said Board of Commissioners at a meeting held on June 20; 1978, so far as the r A T / ~ ~~. ~~ ~ same relate to the request for an election on the question of whether the on--premises sale of mixed beverages should be 'allowed in social establishments and restaurants, as such proceedings are recorded in the Minute Book of the said Board. WITNk;SS my hand and official seal of the said Board, this the _ 21st day of June 198. ~.. Aga a R. Johns Clerk of the ~ Board of Commissioners for Orange 11 ~~ County, North Carolina (~! S''~E, A 'L ~: i.l ~` `' I i I ~I !_\InN, PERNFIC]LZ i d~ ^IClCERSON I .'Pf]xNGYS AT LAW :f1A PEL Iil4l. N.C. LL56OAOlJGH, N.C. is `. ~~ NORTH CAROLINA CONTF.4CT ANA AGREEMENT Oran a COUNTY THIS CGNTRAGT At:D AGREE~+-~T. made and entered into this the 1978 , by and bets+een the GOUN'IY OF day of ~ ~-' ~ - ~L3Y2~~ , party of the first part, also referred to as County and the Cedar Grove Fire De artrtent znc. • partyof the sccand pert, nlso re£errcd to a9 Fire Depeztmcnt; W ITN gS S FsTFI: THAT WH~bP~S, N.C.G.S. 69-25.5 provides that counties may provide far fire protection in a fire district by contracting with any incar- porated nonprofit volunteer or community fire department; and WHg~, the new IJ.C.G.S. 159..13 (a~ (B~, which became effective .3uly 1,1973, provides that the budget ardinence "mey be in e.~y ferm County deems that the Hoard ~o£ Gotnmieaionars •of Qrarige _ - most efficient in enabling it to make tha fiscal pal icy decisions ems bodied therein, but it shall ba so prgeniaed Chet the accounting eys- tam will show appropriations end revenues by line items within at least the following funds: - (B) n fund for each special district whose n tha co~a'-ty of nrancrp _; and taxes are collected by -- W~-]ER&4$, the party of the second part is d natsprofit corporation organized for fire protection purpoaee; and WHa'~EAS, it serves a apecinl tax dietric'e created by a vote o£ the people; sad _2- WHER~i, it is dea3.rous to make application to the TJnited States of America, acting though the Farmers Home Administration, United States Department of Agriculture, hereinafter zeferred to as the Farm- ers Home Administration for a loan in the amount of $,250,000.00, and WH$25AS, the County of Orange ~ levys and collects the taxes and is responsible £or appropriating sei.d funds far the use and_bene£it of the citizens in the fire protection district; end WHFRSAS, the County desires to grant n long-term contract to en- able party of the aecassd part 3~ make long-range plane; and WHF1t5AS, the County deazres to standardize elI its arrangements with Fire Departments in the County; NpW, THERbFORS, in consideration of the premises and the consider- ation af. TF~N DOLLAPS to sash the other in bend paid, the parties here- to contract and agree as fellows: 1. The party of the first part eantrects and agrees Chet it will cause to ba assessed or levied n rpecial tax of up 'Co 0.].S per one hundred dollar valuation of all real sad personal property isi the Ceda7C Grove Eire Protection District unless otherwise limited by law end/ar a vote of the people; and will collect said tax ae a part of the ed velorem~taxes of the County a£ oxangr: ; provided haraver, beginning with the fiacdl year 1978 the amount laviad annually eh all be based on the needs ... ,,. _ .- - ., ~. ^~_ projected in the budget estimate submitted by the Firc Department to the County and apPr~ed by the County Commissicners. / 2, That a special ar separate fund shell be maintained by the Cour,ty,far Funds collected as a result of said special tax. $, That current taxes, as they arc collected by the county, shall be paid to the Treasurer of the Cedar Grove Fire Departt-~-t~ Inc. as follows: e c ve to be arran ed b the Treasurer of __..~ .~~.,; ~o artment and the County manager; ~ at the Fire Dap that delinquent taxes shell be remitted quartarly_ ~}~ The party of the second part shell provide the necessary equipment end personnel for furnishing adequate fire protection as determined lay the North Carolina Department of Insurance, Fire and Rescue Service Division, far all property located within the Ce rove Fire Protection District, and it will furnish said fire protection free of charge to all persons and individuals located in said District in an efficient and warkmenli.ke manner. 5. That all Funds paid to the party of the aecand pert by the party of the first part shell be need exclusively to provide fine protection within said Cedar Grove Fire Protection District ~ and to pay ether legitimate fire protection expeneea including principal and interest on the afazemcntianed loan made by the Farmers Home Admin- istratian. 6. It ie agreed that the party of the first part may inspect ell beaks end accounts far the party of the second pert at any time that it shall d~sira; it is further agreed that the Pirc Department will i..: ~~ §. . _~_ present to the County Ccmmiaaioners an annual audit by a C.P.A. which. audit shell be i.n conformity with existing audit policies of the Coun- ty. 7. The party of tha second part agrees to comply with County bud- geting procedures end other procedures pzovided for by State Law and agrees to submit budget estimates to the Baerd of Ccsemiagioneraon the stcnderd forma uaad by county depertenenta; the party of the sec- ond paxt also egress to use standard line items far accounting de- vised or consented to by the County Accountant from time to time. 9 9. This contract shall axpire ,,,.._. , ~`-^-W 30 years from the date of the FmTiA Loan closing, 9. The peaty of the second part further agrees to fi3;e with the County Auditox a truce dopy of the Articles of Incorporation, existing Bylaws and a.~ly changes made thereto from time to time; further, the petty of the second part agrees to adopt byleva which meet all minimum legal requirements and which bylaws, in addition thereto, have reaaan- able provisions enabling citixene of the community to participate in the affairs of the eorparetioa at at least as annual ineating sad vest- ing in a Board of Directors the authority to managa the affairs of the corporation without a vote of the membership to the extent persaitted by N.C.G.S. S5A, the North Carolina Nonprofit Corporation Ac:. E. ~_ _~ msg.. IN TkSTINX]NY WriERr'7CF, the party of the first part has caused this instrument to be executed by the Chairman of the Hoard of County Commissioners and nttested by the Clerk of the County Board of Commissioners, and the~pnr~y of the second pert has caused this instrument to be signed in its name by its president, attested by its Secretary, and its corporntc seal hereto affixed, ell by order of its Hoard of 17irectozs duly given. Orange COUNTY BOARD pP CONihdISSIONQ3.a \` Sy. (Chairman) r' pTTh"ST: ~~~ 1 , ~, . , .a .F i.~..~ . ,~ _ (Clerk) (Name of Fire Department) " Hy. ~~ ~- (President) A1T~ST: L i (Secretary) (Acknowledgments) .y, ~ `~.' ~' ' ~ F -,~ ~~ ~ t _', ~ .,~i,n;