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MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
SEPTEMBER 5, 1978
The Board of County Commissioners met in regular session on Tuesday,
September 5, 1978, at 10:00 a.m. in the Commissioners' Room of the Courthouse in
Hillsborough, North Carolina.
Members present: Commissioners Norman Walker, Donald lillhoit, Jan Pinney and
Norman Gustaveson. Commissioner Richard Whitted was absent at the start of the meetiz
In the absence of Chairman 4lhitted, Vice Chairman Gustaveson assumed the chair.
The agenda previously prepared for this meeting was amended by addition of the
following items:
Agenda Item No. 15: Commissioner Willhoit requested the Tax Supervisor advise
the Board of the probable effect the proposed legislative act relating to the tax-
ation of certain farm animals would have on the Orange County tax base.
Agenda Item No..16: A public hearing to confirm the Assessment Role for the
Colonial Hills Participating Paving Project.
Agenda Item No. 17: The Chairman be authorized to sign a contract with the State
to implement certain forest service programs.
Agenda Item No. 12: Commissioner Willhoit moved Agenda Item 12 be postponed
indefinitely. This motion received a second from Commissioner Walker. Vote: ayes,4;
noes, 0.
Agenda Item No. 9: Commissioner Walker moved this item be postponed. Commission ;~
Willhoit requested this item not be postponed. Mrs. Josephine Barbour raised the
question, was it appropriate to consider Item 9 since the public had no reason to
suspect this item would be on the agenda at this time.
Mr. Lindsay Efland, a member of the County Planning Board, stated Ythat he felt
action by the Board of Commissioners at this time would preempt the role of the
Planning Board. Vice Chairman Gustaveson then stated the Board would not consider
Agenda Item 9 at this time.
Agenda Item No. 16: Vice Chairman Gustaveson called to order a public hearing
to confirm the assessment role prepared for the Colonial Hills Participating Project.
Mr. Charles King asked the question, "Why did the Board of Commissioners elect to
change the assessment formula from a front foot basis to an acreage basis?" Mr.
Paul Holder stated he felt his assessment was too high. A Mr. Ross stated he felt
his assessment should be calculated on a X2.00 a front foot basis rather than the
acreage basis actually proposed. Mr. Edward Jones also stated he felt his assess-
ment was too high. Vice Chairman Gustaveson responded, stating that at the initial
hearing a year ago, the County Attorney reviewed with the audience the method for
calculating these assessments, pointing out that the assessments were to be made on
an acreage basis. Commissioner Norman Walker suggested the assessments be re'
calculated on a front foot basis. Commissioner Donald Willhoit suggested this matter
be tabled. The Board concurred with Commissioner Willhoit's recommendation. Vice
Chairman Gustaveson then announced a notice would be sent to the property owners when
the Board decided it would act on the assessment role.
Agenda Item No. 10A: Mr. Ray Freeman, Erosion Control Officer, reported to the
Board that the developers of Pine Knob Subdivision and Stage Coach Run Subdivision
were in voilation of the County's erosion control ordinance. Commissioner Donald
Willhoit raised the question, "What control does the County have over the Town of
Chapel Hill and its Cedar Falls Park project and over the Chapel Hill School Board
and its Phillips School project?"
Mr. Freeman reported that these projects were exempt from the County control
by Section V of the ordinance which exempts projects which have State or Federal
financial involvement. He felt further the erosion control measures employed on
Phillips School project have not been too good. He was not familiar tivith the Cedar
Falls project of the Town of Chapel Hill.
705
h1rs. Barbara Cleveland, representing Lake Forest Association, addressed the
Board to question strict enforcement of the county ordinance. She recited the
long history of non-cooperation of the developer of Pine Knob Subdivision with the
county. Mrs. Cleveland also introduced Mr. J. R. Young, a landscape service operator,
who pointed out what he felt to be an excessive rate of siltation occurring in Lake
Forest. Mrs. Cleveland then requested the Board authorize Mr. Freeman to proceed
against the developer of Pine Knob Subdivision. Mr. Freeman recounted the latest
history of his activities with the developer of Pine Knob Subdivision:
On July 21, the developer was notified that he was in violation of the county
erosion control ordinance and what he must do to correct these violations. He was
given two working days to perform this task. A second letter was sent on August 14th
pointing out the developer's continuous violation of the erosion control ordinance.
Following this letter, some work was performed; however, this site has no effective
erosion control mechanism operating at this time-
Mr. Freeman suggested the Board levy civil penalties or institute civil action
requesting injunctive relief against the developer.
Commissioner Willhoit inquired what had happened since last winter at this site.
Mr. Freeman replied that on Qecember 15 and Qecember 22, the site was found to
be in compliance. Sometime between then and July 21, the erosion control measures
installed at the site failed and the site fell out of compliance.
Commissioner Willhoit then moved the Board impose the maximum civil penalties
allowed under the ordinance calculated from August 16. Commissioner Gustaveson
offered a second to Commissioner Willhoit's motion.
After conferring with Commissioner Gustaveson, Commissioner Willhoit withdrew
his motion and introduced a second motion again requesting the county impose the
maximum civil penalties ~ this time from August 20. Commissioner Pinney seconded
the motion. Uote: ayes, 3; noes, 0.
Commissioner Walker was not in the room at the time of this vote.
Commissioner Pinney suggested that the Board have the County Attorney submit
a plan seeking injunctive relief against the developer of Pine Knob Subdivision at
its meeting on the September 19.
Commissioner Willhoit then moved that the staff review in long term perspective
the county's current erosion control ordinance as it pertains to Pine Knob Subdivision.
Commissioner Pinney seconded this motion. Vote: ayes, 4; noes D.
Commissioner Willhoit raised the question about the exemption of Guy Phillips
project from the provisions of the erosion control ordinance. This project is not
financed with State funds. He asked the Manager to speak with Superintendent Hanes
about this project and its erosion control problems.
Commissioner Whitted arrived at this time.
Agenda Item No. 106: The Erosion Control Officer reported Stage Coach Run
development not to be in compliance with erosion control ordinance. He had no
specific recommendation for the Board regarding this matter.
Commissioner Willhoit moved the Board levy a $10.00 per day penalty in this
case. Commissioner Whitted offered a second to this motion. Vote: ayes,
Commissioners Whitted, Willhoit and Gustaveson; noes, Commissioners Pinney and
Walker.
Agenda Item No. 3: Commissioner Pinney moved to declare the week of 5entember 10th
as Public Health Week in Orange County. Commissioner Willhoit offered a second to
Commissioner Pinney's motion. Vote: ayes, 5; noes, 0.
For copy of Proclamation, see page '~:°~ of this hook.
Agenda Item No. 4: Mr. Wes Hare, Chairman of the Orange County Youth Needs
Task Force, reported this group endorse a request of the Orange County School Board
for $7,500 to support a counselor for the in-school suspension program being operated
by the Orange County school system. These funds are to come from additional monies
to be made available to the Community Based Alternatives Program. Commissioner
Pinney moved acceptance of this recommendation. Commissioner Willhoit offered a
second. Vote: ayes, 5; noes, 0.
706
Agenda Item No. 5: Commissioner Pinney moved the Chairman be authorized to
execute a contract for engineering services with Rose, Pridgen & Freeman to
implement the County's Community Development Grant Proposal. Commissioner Willhoit
offered a second. Vote: ayes, 5; noes, D.
Agenda Item No. 6: Commissioner Pinney moved the date for the Recreation Advisory
Committee to complete its charge be extended until December 31, 1978. Commissioner
Whitted seconded this motion. Vote: ayes, 5; noes, 0.
Agenda Item No. 11: Commissioner Pinney moved the following resolution
authorizing filing of a Community Development Grant Application. This motion was
seconded by Commissioner Whitted_ Vote: ayes, 5; noes, D.
For copy of said resolution, see page ~,~ y of this book.
Agenda Item 14: Commissioner Whitted moved that Mrs. Mary
named Clerk to the Board of Commissioners. Commissioner Walker
deferred on this item pending his having an opportunity to talk
The Board agreed to Commissioner Walker's request.
Lou Bouley be
asked action be
with Mrs. Bouley.
Agenda Item No. 8 Representatives of MICA, Lou Brown and Frank Chamberlain,
reviewed for the Board of Commissioners the services of their company. At the con-
clusion of this review, Cortmtissioner Willhoit moved the Manager meet with representa-
tives of MICA and prepare a tentative work proposal for further consideration by the
Board. The motion was, seconded by Commissioner Whitted. Vote: ayes, 5; noes, 0.
Agenda Item No. 9: Commissioner Walker again requested Item 9 not be considered
today. He stated the public had no reason to expect this issue to be decided until
after the Planning Board made its recommendation concerning extraterritorial extension
for the Town of Chapel Hill. Commissioner Gustaveson pointed out that the Planning
Board's only request to the Board of Commissioners when i.t submitted its initial
recommendation was that a public hearing be held before the Board of Commissioners
made a final decision on the request of the Town.
Commissioner Willhoit then moved Chapel Hill be granted extraterritorial
jurisdiction over the area to the east of a line commencing at a point that is
300 feet west of the center line of State Highway 86 and situated on ttxe northern
boundary line of the present extraterritorial coning jurisdiction of the Town of
Chapel Hill and running parallel with Highway 86 to a point 3D0 feet north of
Weaver Dairy Road; then running in an easterly direction, parallel with and 300
feet north of Weaver Dairy Road to Piney Mountain Road; then running in a southerly
direction along Piney Mountain Road until it intersects the present zoning jurisdiction
of the Town of Chapel Hill.
Commissioner Willhoit stated his reasoning behind this request revolved around
the July 19th recommendation of the Orange County Planning Boards endorsing a
compromise solution of the original request from the Town of Chapel Hill. At present,
within the area he described, there are several requests for commercial rezoning.
The county land use brdinance, he felt, was not designed to handle such a rezoning
in a heavily populated area. Further, any modification of the Chapel Hill zoning
ordinance designed to accomodate mobile homes is several months away. Decision of
this commercial rezoning should not be delayed too long. Commissioner Walker observed
that if the Chapel Hill ordinance was to be modified to do only that which the county
ordinance currently does, there seems to be no real reason for this extension.
Commissioner Whitted asked the County Attorrey how he felt we should proceed.
The Attorney replied it seemed consistent with the zoning ordinance for the Board
of County Correnissioners to await a recommendation of the Planning Board. Planning
Board member Lindsay Efland stated that a motion by the Board of Commissioners today
would catch the Planning Board by surprise. Further, the Planning Board. was not un-
animous in its recommendation concerning extension. Commissioner Whitted stated tha.
he felt action today would break into a process already initiated. Further., he felt
those persons requesting rezoning in this area did not feel the County Commissioners
really intended to act on this issue until the extraterritorial question had been
resolved. Commissioner Gustaveson stated he felt the County should advise developers
it was not going to consider this issue until the extraterritorial question had been
resolved.
707
Commissioner Willhoit withdrew his motion and requested the Planning Board's
recommendation on this issue be considered at the first meeting in October.
Agenda Item No. 7: Commissioner Whitted commented about the recent food
stamp audit conducted here by the Department of Human Resources. This audit painted
out the low utilization of food stamps in Orange County. Mrs. Mae McLendon, Chairman
of the Social Services Board, stated that the Board of Social Services was aware of
this audit and that some six weeks ago had initiated an outreach program involving
its staff and volunteers from various community services organizations. The Board of
Social Services felt this should be a priority item and would keep the Board of
County Commissioners advised of what it was doing to remedy the situation.
Agenda Item No. 13: The Manager filed with the Board a report of the results
of the Grady Brown bid opening. The Board of Commissioners asked the Manager to
arrange for a 30 day extension for consideration of these bids.
Fora copy of bid items, see page •~/~ of this book.
Agenda Item No. 14: The Chairman announced that the Board of Commissioners
would meet at noon on Friday, September 8, to name a clerk.
Agenda Item No. 17: Commissioner Pinney moved the Chairman be authorized to
execute a contract with the State of North Carolina to provide certain forest services.
Commissioner Gustaveson seconded the motion. Vote: ayes, 5; noes, 0.
The meeting was then adjourned. ~
~; ~~_
~'
~~
Richard Whitted, Chairman
S. M. Gattis, Acting Clerk
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
SEPTEMBER 8, 197J3
The Board of County Commissioners met in special session on Friday, September 8,
1978, at 12:00 noon in the Commissioners' Room of the Courthouse in Hillsborough,
North Carolina.
Members present: Commissioners Richard Whitted, Norman Walker, Norman
Gustaveson and Donald Willhoit. Commissioner Jan Pinney was absent.
Thismeeting was held to name a Clerk to the Board.
Commissioner Willhoit moved that Mary Lou Bouley be named Clerk to the Board
of County Commissioners. Commissioner Gustaveson offered a second to the motion.
Vote: ayes, 4; noes, 0.
There being no further business to come before the Board, the mee ing was
adjourned.
Richard Whitted, Chairman
S. M. Gattis, Acting Clerk
7J8
~i[a,~1C~~ ~~L1sl~~ ~ea~E~l ~e~ah~z}1ei~t
.~ ~•, f~~if ~~>ri eT L4Nfi
(PFa4 r;;a:.=cL HALL 96]•~25~1
17 C~STGATE 6H C~F'IN. C~ki[
CHa?cL HILL, N. f:. S7~li .
PH ON!: 942-t l fid
A PROCLA_yATION
• PUBLIC HE~L1H WEEe: SEPTE~LRER 10 - SEPTE°_~IBER l7
:^?'-IFRE_?5 the North Carolina Public Health Association decided
to sponsor Public Health ?dee±c;
[•JHEREAS the North Carolina,Division of Health Services and
' local Health Departments statewide are. participating;.
?•T•IEREAS Orange County, appro5dmately one year ago, established'
a local Health Department;
ti:r^iEREAS the appointed citizens on the Board of Health and staff
have labored to create a prog^essive and effic>_~nt 1oca1•
,.. Health Department; .~
[•1'-IERFAS much of this effort has not been publically reco~ized;
?:C~icREAS we desire all citizens to become more in farmed, supportive •
and participants in solutions to our local public health
problems; ,
IT IS HEREBY RESOLVED that the Orange Gounty Co.~ui.ssioners support and endorse
the week of September 10th - 17th as Public Health lde~k;
IT IS FURTHER RESOLVED that during this week, the Orange County Health Depart-
ment will promote and provide ca<rttnunity educational events
to inform the community about public health problems, publi-
cize the e:cisting services to the citizens of Orange County;
and encourage community participation in improving health
Status' .
t
709
RESOLUTION FOR COMP4UNITY DEVELOPi4ENT FULL-APPLICATION
The Orange County Commissioners hereby resolves that the County Planager
is authorized to file a fiull-application far a single purpose grant to
the Department of Housing and Urban Development for funds made available
under the Sma71 Cities Program, and any additional information as may 6e
required. The Board of Cormissi:aners further resolves that Orange County
will conform to all the Assurances enumerated in HUD Form 70$8 which is
included as a part of the full-application.
RESOLVED:
9 ---
Chairman, Orange Gounty Commissioners Date
S
Clerk, Orange C unty Commissioners
.s~ 7~
Date
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