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HomeMy WebLinkAboutMinutes - 19780703~:' :~ ~A MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS JULX 3, 1978 The Orange County Board of Commissioners met in regular session on Monday, July 3, 197$ at 10:00 a.m. in the Commissioners' Room of the Court House in Hillsborough. - Members 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, Finance Director; Joe Bradshaw, Administrative Assistant and Agatha Johnson, Clerk. The Chairman opened the meeting by asking if any member of the Board wished to add any item to the agenda. He stated he would like to inform members to the Board of the Governor's Balanced Growth Policy for North Carolina. In connection with this policy, a series of public hearings are planned. The nearest to the Hillsborough area is Fayetteville and is scheduled for July 10, 1978. Commissioner Willhoit asked that the County request that one of the ABC Hearings regarding ABC regulations be held in Orange County. The Chairman asked if there were persons present who were not listed on the agenda but who had items to bring to the Board's attention. No one came forth. Item 2: Minutes of Board meetings held May 31 and 'during the month of June. May 31, 1978 - Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to approve the May 31st minutes. June 1, 1978 .., Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to approve the June 1st minutes. June 5, 1978 - Upon motion of Commissioner Pinney, seconded by Com- missioner Willhoit, the June 5th minutes were approved. June 7, 1978 - Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, the June .7th minutes were approved. June 8, 1978 - Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, the June 8th minutes were approved. June 12, 1978 - The Clerk was requested to verify a certain section of the June 12, 1978 minutes. June 13, 1978 - Upon motion of Commissioner Pinney, seconded by Commissioner Willhoit, the June 13th minutes were approved. June 19, 1978 - Upon motion of Commissioner Pinney, seconded by Commissioner Willhoit, the June 19th minutes were approved. _ June 20, 1978 - Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, the June 20, 1978 minutes were approved. June 22, 1978 - Upon motion of Commissioner Pinney, seconded by Commissioner Willhoit, the June 22nd minutes were approved. June 26, 1978 - Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to approve the minutes of June 26, 1978. ~,, , The County Attorney informed the Board that once the tax rate is set, it cannot be changed, but line item amendments to the budget are allowed. Item 3: The Department of Transportation is recommending five (5) streets in the Rangewood Subdivision: Autuman Drive, Brenda Court, Lindley Drive, Welcome Drive and Southern Drive, be added to the State Highway system. Upon motion of Commissioner Pinney, seconded by Commissioner Willhoit, it was moved and adopted to accept the recommendation of the Department of Transportation to add Autuman Drive, Brenda Court, Lindley Drive, Welcome Drive and Southern Drive to the State maintenanc~- system. Item 4:. Honorable A. t9. Turner, representing all owners of property along an unopened and unnamed street, will present a reso- lution requesting closing of said street. The Chairman to the Board recognized A. W. Turner, who presented to the Board a petition signed by property owners who own property adjacent to the road, requesting the Board of Commissioners to adopt a resolution closing the road pursuant to G.S. 16DA-299. Mr. Turner' informed the Board that the road was known as Leonard Road and is an area off the Orange High School Road. Said Leonard Road has never been opened for public use. Upon motion of Commissioner' Gustaveson, seconded by Commissioner Pinney, it was maved and adopted to approve the resolution stating the intent to close permanently Leonard Road and to schedule a public hearing to determine if the closing of said street is contrary to the public interest. The public hearing was scheduled far August 15, 1978 at 7:30 p.m, in the Commissioners' Room of the Court House in Hillsborougl-: For copy of said Resolution, see page 672 of this book. Item 5: A request from Robert Riley, representing property owners along S.R. #1320, that the Board of Commissioners authorize paving of this roadway under the participating paving program. The County Manager informed the Board that S.R. #1320 is not the next paving project in the order of priority. The next project is being held up due to the application fox Community Aevelopment funds to be used in the Northern Fairview area of Hillsbozough. State Road #1320 is second on the priority list for paving. He added that the Department of Transportation has agreed to pave one-third of S.R. #1320, if all property owners agreed to the project. The Board agreed to delay any authorization for paving of roads until sometime in August, after word is received regarding the Community Development Grant. This item will appear on the August 15th agenda.' Commissioner Gustaveson stated it is the policy of the Board to move with the paving of roads as officia~ requests are received from property owners. The County Manager was requested to develop some particular "milestone" for determining an official request. As the paving priority now stands, number one is Spring Drive and Edmond Drive in Northern Fairview and number two is State Road 1320 and number three is a project recommended by Commissioner Pinney. An official request needs to be recognized by the Board for paving as requested by Mrs. Dixie Jefferson. Item 6: The Erosion Control Officer will review sediment control problems at the Brenco Project. Representatives of the grading con- tractor are present. The Chairman recognized Ray Freeman, Erosion Contral Officer. Mr. Freeman reviewed the violations of Brenco with the Board and stated that since ground disturbing activities began, he has visited the site on 34 different occasions and has talked with Mr. Britt, the grading contractor, or the foremar. of the project on 15 different ~-' ~, ~~ occasions. Mr. Freeman stated the project is not in compliance at the present time although he feels work will soon be completed. He estimated that one thousand tons of sediment has washed from the site since December, 1977. He added that of all projects in the County, this one has caused the most damage due to off site sedimentation and has been in non-compliance the longest. Mr. Freeman added that he felt 'the contractor has had ample time to bring the site into compliance. Mr. [n'ayne Britt, contractor for the Sun-Shine project, stated to the Board that he felt a diligent effort has been made to bring the site into compliance; however water runs onto the site from other areas. Erosion controls have been installed on numerous occasions, only to wash out again. b1r. Britt stated the storm drainage work is scheduled to be completed by July 21 or 22. The County Attorney stated to the Board that paperwork was ready to be filed with the Courts assessing Mr. Britt $2,600 for the first civil penalty. He stated that a restraining order would restrain r1r. Britt from doing any other work at the site other than bring the site into compliance. Mr. Britt stated he would stop all work himself and attempt to bring the site into compliance if the Board would not take action that involved the courts. Mr. Freeman stated, in his opinion, the site could be in cam' pliance within two dxy working days. Upon motion of Commissioner Willhoit, seconded by Commissioner Gustaveson, it was moved and adopted to allow Mr. Britt two dry (no rain) working days to come into compliance with his project. zf he is not in compliance within this period, the County Attorney is authorized to file a restraining order with the Courts and to assess Mr. Britt the full civil penalty from May 3 through July 3, 1978. Item 7: Appointments: A. The term of Paul Morris on OWASA has expired. O[aASA recommends Mr. Morris be reappointed. Other resumes have been provided for this position from Cane Creek Conservation Authority-. The Chairman recognized Bobby Kirk from the Cane Creek Con° servation Authority. Mr. Kirk stated that he and others were present to request the Board to appoint someone to the OWASA Board from the Cane Creek area- He stated the people from the Cane Creek area felt it is important that a representation be from all areas of the County and not just from Chapel Hill. He pointed out to the Board that Mr. Morris, though a County appointee, is a Chapel Hi11 resident. Commissioner Gustaveson nominated Paul Morris to be re- appointed to the OWASA Board. He stated further that Mr. Morris had been involved in all aspects of OWASA and has given dedicated service to that Board and that the Commissioners should reaffirm Mr. Morris' work by appointing him to a second term., He continued by stating that should a resignation occur on the OWASA Board, or if some member wished to discontinue serving, he would be in favor of considering an appointee from the Cane Creek area. Commissioners Pinney and Willhait also spoke in support of Mr. Morris' continuation to the OWASA Board. Commissioner Walker nominated James Howard as an appointee to the Board. The Chairman called for a.vate on the two nominations. Commissioner Walker voted far James Howard and Commissioners Gustaveson ,. Pinney, Whitted and Willhoit voted for the re- appointment of Paul Morris. The Chairman declared that Mr. Morris had been reappointed to the Orange Water-Sewer Authority Board of Directors. Bobby Kirk stated to the Board that he felt Mr. Morris should attempt to work with the people from Cane Creek area more closely. He stated that his organization in the past had not been able to get information from OWASA and this has caused some friction. The Board asked the Clerk to direct a letter to the Chairman of the OWASA Board indicating that since the County does appoini~ two members to OWASA, it is suggested that the spirit and letter of the open meetings law be observed. Also, the Clerk should request that OWASA meetings be so structured that citizens are provided an opportunity for input. B. One vacancy exists on the Orange County Board of Adjustment. This appointment was deferred. - C. One vacancy exists on the Youth Services Needs Task Force. The Task Force recommends Jim Huegerich be named to this vacancy. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to appoint Jim Huegerich as a member of the County Youth Services Needs Task Force. D. One vacancy exists on the Carrboro Planning Board due to the resignation of Sherry Wogen. This appointment was deferred. E. One vacancy exists on the County Recreation and Parks Council. No resumes have been returned to the Clerk. Commissioner Willhoit asked the Clerk to contact Nancy Snavely Hardy to see if she is interested in serving as a Bingham Representative to the Recretatian and Parks Council. This item will appear on the July 24th agenda. F. Three vacancies exist on the Chapel Hi11 Planning Board. 1) The term of Woodrow Edmonds has expired and Mr. Edmonds does not wish to be reappointed. The Planning Board recom- mends Major W. Geer or Gloria Williams as possible replacements. Commissioner Gustaveson nominated Gloria Williams to replace Mr. Edmonds to the Chapel Hill Planning Board. Commissioner Pinney nominated Major Greer to this appointment. The Chairman called for a vote for Major Greer. Voting for Mr. Greer were Commissioners Pinney and Walker. Voting for Gloria Williams we re, Commissioners Gustaveson, Whitted and Willhoit. The Chairman declared the Gloria Williams had been appointed to the Chapel Hill Planning Board. 2) The term of Ms. Anne Fleming has expired. The Planning Board recommends Ms. Fleming be reappointed. Upon motion of Commissioner Gustaveson, seconded by Commissioner Willhoit, it was moved and adopted to reappoint Anne Fleming to the Chapel Hill Planning Board. 3) The vacancy created by the resignation of Blaine Liner on June 30, 1977 has not been filled. ,-, . ., Commissioner Willhoit asked that this vacancy be left opened and that someone be appointed from the new planning area. Commissioner Pinney asked the County Manager to investigate an appeal by Gray Moody of the non-comforming designation of his trailer park in Chapel Hill. G. One Commissioner should be named to a committee that will plan dedication of Northside Complex. Mr. Whitted stated the complex would be moved into this month and would be ready for 3edication in the spring. Commissioner Pinney nominated Mr. Whitted to serve on this committee. Mr. Whitted stated he felt a Chapel Hill resident should serve and asked Commissioner Willhoit to serve. Commissioner Willhoit agreed to serve as the County Gom-- missioner to this planning committee. Commissioner Pinney withdrew his nomination. H. The Board should name a voting delegate tc the Annua]. NAGO Conference. Commissioner Willhoit nominated Commissioner Gustaveson to serve as the voting delegate to the NACO Conference and there being no other nominations, Norman Gustaveson was named as the voting delegate. 1. The term of office of the Tax Collector expires June 30th. The collector does not desire reappointment. The Manager recommends J. T. Horner, the Delinquent Collector, be named to replace Mrs. Dickson. Upon motion of Commissioner Gustaveson, seconded by Commissioner Walker, it was moved and adopted to appoint J. T. Horner as the Orange County Tax Coll"actor effective July 1, 1978. It was pointed out that the responsibility to replace Mr. Horner as the Delinquent Tax Collector would be that of the County Manager. The Board discussed cancelling the third Tuesday's meeting of July 1$, 197$. Upon motion of Commissiener Willhoit, seconded by Commissioner Pinney, it was adopted to cancel the July 18, 1978 regularly scheduled meeting. The Board broke for lunch at this point in the meeting. Commissioner Walker was not present far the afternoon session of the Commissioners' meeting. As the meeting reconvened from lunch, the Board discussed the A.B.C. hearings regarding new regulations. Upon motion of Commissioner Gustaveson, seconded by Commissioner Pinney, it was moved and adopted to direct a letter to the Ghairman of the State A.B.C. Board and request that a B.B.C. hearing be con- :' ducted in Orange County. A copy of the letter should also be sent to J. T. Gobbel, Chairman of the A.B.C. Board. Item 8: The Chairman will ask members of the Board to point out areas they would like to work in during the next few months. The .first item discussed was water resource planning. It was suggested that the Board get a report from the County Water Allocation Committee of the Com;nittee's status and future plans. Further, the County Manager was asked to contact John Wray of the State pepartment of Natural and Economic Resources to determine haw the County might tie into the State's Water Resources Framwork. He also was asked to investigate the availability of funds and other resources for dam safety. Commissioner Gustaveson suggested that the Board think about developing a mechanism during the next year to coordinate planning in the water resource area and that planning in water resources be put into an overall planning effort for the County. The next item of discussion was the CETA Program for Orange County. The Chairman stated the first acitan that needs to be taken is tc establish an advisory committee. Current members of the Durham- Orange Employment and Training Council from Orange County are: Dr. James Leutz, Wes Hare, Joyce Stanford, Joe Augustine, Mayor Drakeford, Jack Gunnel., a representative to be appointed from the Town of Hillsborough and Chairman Whitted. Mr. Whitted recommended that this group be reappointed. Upan motion of Commissioner Gustaveson, seconded by Commissioner Pinney, it was moved and adopted that the above named persons be appointed to the interim Advisory Council for the CETA Program. Chairman Whitted reviewed the alternatives which have been explored. 1) Dunham and Orange County could agree to consort to have an employment and training agency and came through the balance of the State, 2) Orange County as a single unit could go with the balance of State. Sub-options under this arrangement would have an Orange County staff to administer the program and contract with other agencies, 3) Another option is to consort with another prime sponsor. Possibilities are Durham, Wake or Alamance Counties. Commissioner Gustaveson stated it is important that the interim Advisory Council be involved in making the decision regarding alternatives of establishing the Orange County program and that he is concerned that the program not have gaps in service. It was recommended that the Advisory Council meet and consider the options and that a recommendation be presented to the County Commissioners at the fourth Monday meeting in July. The County Manager asked the Board to consider a request from the Planning Board asking for direction regarding the extraterritorial jurisdiction of the Town of Chapel Hi11. Hal Minis, Acting Planning Director, informed the Board that the County Sub-Committee on Planning had developed a proposal which has been adopted by the Chapel Hill Planning Berard and the Chapel Hill Beard of Aldermen and has been considered by the County Planning Board. The Planning Board now wants to know if the Commissioners are interested in a formal report of the recommendation prior to a public hearing and if the Planning Board should hold a public hearing. Commissioner Gustaveson suggested a written report of the proposal with accompanying maps showing the lines of the new proposal be submitted to the Board for their consideration. Commissioner Willhoit stated he felt it more desirable to present to the people the proposal and recommendation at a public hearing and that in order to get the people to come out to a hearing, they should know what is being proposed. He suggested that the Board consider the Planning Baard's recommendation at the July 24th meeting and then decide if a public hearing is necessary. Regarding the ECO's Newspaper Box Proposal, it was pointed out that ECO's did not intend to provide this service in all areas of the .County. The Board discussed the proposed Ordinance regarding controlling door to door soliciting. The County Attorney stated he had reviewed the Ordinances for the Towns of Chapel Hill and Carrboro and would provide the Commissioners with a draft as soon as such is ready. The County's Capa,tal Outlaw Program for the coming years was discussed by the Board. It was decided that the Title V application should be proceeded with and that the Board should also attempt to get a handle on the County's overall capital program before discussing with the school boards their needs. The entire question of the Capital Outlay Program should be a priority item. Some points regarding the Capital Outlay Program made by the Berard are: 1) The Board should expedite the present program and complete those items which have been left dangling. a) The Board should get a handle on the proposed use of the Cedar Grove Building. What can be done there and what policies need to be set in terms of programs in the building. 2) The Board nee~.s to talk with the two school boards and the Congressional delegation to decide what direction to plan for in terms of school financing. The County's priorities should be meshed with the priorities of the school systems. 3) Staff should develop a report of square footage needed at Northside to have a full service type County facility. Included in the report should be a good sized meeting room. 4) The Board should meet between now and January with our Congressional delegation, the two school boards and human service agencies to attempt to develop a stronger relationship. A package should be developed for the annual County Commissioners Legislative Conference in August of funding for mandated programs. The Finance Officer proposed to the Board a long range budget document for Capital Outlay planning. This document could be adopted at some time other than in June and would intergrate priorities of the County and the school systems. Mr. Evans was asked to bring to the Board his plan for such a document. Fees for Services in the xealth Department and the Planning Department were discussed. Commissioner Willhoit asked that this item be on the agenda for the July 24th meeting for full discussion ` and action. Regarding the animal shelter operations, a decision needs to be made as to who will operate the shelter. Commissioners Willhoit and Gustaveson bath suggested a meeting be scheduled with the Animal Protection Society, possibly in the fall. to talk about operations and proposed fees and fines. The staff was requested to prepare a memorandum of the strengths and weaknesses of having the APA operate the shelter as opposed to the County's operation. Ray Freeman, the. Erosion Control Officer, returned to the Com- missioners' Meeting and informed the Board that he was scheduled to meet Mr. Britt at the Brenco site at 1:00 p.m. to make sure Mr. Britt understood what Erosion Control measures needed to be implemented; however, Mr. Britt had left the site ten minutes earlier. Written instructions were given to a new foreman. In the area of land use planning, Commissioner Gustaveson stated he felt another planning session is needed with the Planning Board to set priorities. Two immediate issues which must be dealt with are the extraterritorial zoning question and the recommendation from the Planning Board regarding the Subdivision Amendments. Other issues which the Board must consider are the question of whether err not to amend the present Zoning Ordinance, the hiring of a new Planning Director and Commissioner Willhoit suggested the Board consider dev- eloping an ordinance dealing with watershed protection. He recommended the Board work with the Town of Carrboro to provide protection for the University Lake watershed. Commissioner Willhoit further spoke of the need for providing same means of preservation of prime agriculture land and suggested the Board address the issue of development rights in such areas. .., l _ ,i The Board discussed a suggestion also made by Commissioner b~7illhoit that a conference be conducted this fall to evaluate human services in the County. Commissioner Gustaveson informed the Board that the Human Services Committee is working toward some official recognition by the Board and is in the process of developing guidance in planning, evaluating and coordinating human services in the County. xe stated that the County must have someone to work full time in helping the Board get a handle on the coordination of human services and that the County cannot continue to expand but must have a funding level. Chairman Whitted pointed out that there are resource people within the Department of Human Resources who can help counties get at some of their problems involving human services. The Board continued the dis- cussion of methods of evaluating human services. The Chairman stated he felt it important that, should a conference be planned, a statement of purpose be made to insure agencies of the Board's intent. Other areas discussed during the afternoon session were the possibility of a Staff/Hoard training session to improve communications and management skills, discussion o£ a year end report of what has been accomplished during the year end report from the Housing Authority of where the County presently stands. Chairman Whitted spoke of recent discussions he has had with s ta£f persons employed by the A.B.C. Board regarding policies which are adopted by the A.B.C.. Board. He stated he felt such policies should be as compatible to those of the County as possible. xe suggested that the Board keep this in mind as appointments are made to the various County boards. Commissioner Willhoit asked .far additional information of monies which are allocated from the A.B.C. System to the two school systems. He further asked to be given an opportunity to interview candidates to be appointed to the A.B.C. Board. It was also suggested that staff look into the possibility of changing the procedure for making appointments to the A.B.C. Boards and that this could best be done through local legislation. Commissioner Gustaveson summarized the afternoon discussion for the Board. 1. Water Resources a) Inquire of Jahn Wray of what his department can do to help the County in the area of capacity use study. b) Dam safety funding. 2. Capital planning a) Staff to prepare an analysis for use o£ Northside Complex. b) Finance Officer to prepare long range capital outlay budget document. 3. Legislative Action a) Set schedule to talk with members of the General Assembly regarding broad areas of concern in Health, Schools and Social Services. b) Develop a package for North Carolina Association of Counties meeting in August. 4. planning area a) Schedule a meeting to set priorities b) Discussion of entire broad area of planning .~ 5. Human services a) Conference idea for evaluation 6. •Board and Staff Training biscussion will continue regarding the CETA program and the fees for service matter at the July 24th meeting. The staff will prepare a memo concerning the operation of the animal shelter. The Clerk was asked to send a memorandum to Commissioner Walker informing him of the discussions and ask if he wished to add any item to those listed. The meeting was adjourned. a Richard Whitted, Chairman Agatha Johnson, Clerk . _ ,~ e7ntiAM s eHesHIR~' ATTORNlVS AT I,AW iC~1 N. CHNRTON 3TRlET NILLSOOROYG H. ~~. C. x~zTe A petition having been filed by Gwendolyn Et. Latta (widow), H. Carolton McKee and wife, Nancy B. McKee, J. f Harlton McKee and crife, Anyce K. McBee, Ralph Compton (singl_.,~, and John Forrest and wife, Mazy Forrest, to close permanently f a portion of a certain 60 k'oot street running parallel and I North of Orange High School Road and perpendicular to Joyce - ! Road Extended and Cates Street, said portion lying between Joyce Raad Extended and Cates Street; and it appearing that f the petitioners are all the persons, fixms or corporations owning property adjoining said street; and it further appear-~ ing to the satisfaction of the Board of Commissioners of Orange County that a public hearing should be called to deter- mine if the closing of said street is contrary to the public interest or would deny any individual reasonable means of ingress and egress to his property: 'l Now, therefore, upon motion of Commissioner+Gustavesor,,~ duly seconded by Commissioner Pinney , the following resolution was adopted, the following Commissioners voting , aYe~ Commissioners Gustaveson, Pinney, Walker, Whitten.', and c Willhait BE XT RESOLVED that the Orange County Board of Comm- issioners intends to close permanently that portion o~ a i ~. certain 60 Foot street running parallel and North of Orange High School Road and perpendicular to Joyce Road Extended and Cates Street, said portion lying between Joyce Road Extended and Cates Street, and that a public hearing will be called to discuss the matter on 8/15 1978, at 7:30 o'clock P- M., in the Commissioners' Room in the Courthouse in Hillsborough, North Carolina; that at said hearing any person may be heard on the question of whether ar not the ~ f closing would be detrimental to the public interest or to I - ,. ., , . -, _. :J the property rights of any individual, pursuant to G, S. 16DA 299. ?, Agatha Johnson Clerk to the Board of ! ~! Commissioners of Orange County, do hereby certify that the i i foregoing and attached a,s a true and cpxrect copy of the resolu-! tion duly passed by the Board of Commissioners of Orange County ` tt~ at its meeting held on July 3rd , 1978, which said resolutiani i is duly recorded in the minutes of said meeta.ng, Book Number XD,{ Witness my hand and the corporate seal of said County,` this the 6th day of June, ].978. 1 Cle k to Bo of Cpmznissioners of range County ti GRAHAM & GHESHIRE ATTO R[:[YS AT (yW f00 N. CRURTON STREHT X14L5`JOR000X, N. G x~z~e