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HomeMy WebLinkAboutMinutes - 19781023733 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS OCTOBER 23, 1978 The Board of County Commissioners met in regular session on Monday, October 23, 1978, at 7:3D p.m., in the Commissioners' Room of the Courthouse in Hillsborough, North Carolina. - Members present: Commissioners Richard Whitted, Donald Willhoit, Norman Walker, Jan Pinney and Norman Gustaveson. Chairman Whitted opened the meeting by asking if any member of the Board desired to add additional items to the agenda. The following items were added to the agenda: Agenda Item 1D: ABC Fee Schedule Agenda Item 11: Legislative Resource for Public Education No member of the audience had additional items to be added to the agenda. Agenda Item 2: Violation of Erosion Control Ordinance at Boulder Run Subdivision The Erosion Control Officer reported Boulder Run Subdivision in Chanel Hill township, owned by Mr. James N. Paliouras, to be in violation of the erosion control ordinance. He said the entire tract consists of 121 acres and the area disturbed consists of about 1.75 acres. The developer is in violation of twe sections of the ordinance: 1) failure to provide a vegetative cover or take action sufficient to restrain accelerated erosion within 30 working days of the completion of. any phase of grading; and, 2) failure to take adequate measures to comply after notification of the violation by the deadline given in the letter of notification. Grading of the private road was completed on June 14, 1977. A representative of the erosion control office met with the developer on July 25, 1978 and told the developer he had 30 calendar days to establish a cover along the road. On August 25, 1978, there was no change, so on August 28, the Erosion Control Officer wrote a letter notifying the owner he was in violation of the ordinance and gave him another month to get the situation rectified. By October 12, the owner had attempted to stabiiize one-thrid of the site, but he had not brought the site to meet minimum standards and, as of 4:30 p.m. on October 23, the situation had not changed. Commissioner Gustaveson questioned the date of June 14, 1977 and Mr. Freeman told him the field notes indicated this date was correct. Mr. James N. Paliouras, owner of the subdivision, approached the Board_ He verified the information given by the Erosion Control Officer and explained he had hired a man with a hydroseeder to complete the work but he was having no luck getting the man he had hired to bring the machinery and complete the work. Mr. Paliouras asked the Board to recommend persons he could hire to complete the work. Gommissioner Whitted told Mr. Paliouras, as owner; he was responsible fior complying with the ordinance. He said the ordinance gives the Board authority to impose a civil penalty of up to $100 a day, but the Board is more interested in seeing the developer comply with the ordinance than it is in collecting revenue. Mr. Paliouras said he could get the work done in three to four hours if he could find someone with a hydroseeder. Commissioner Gustaveson asked in which water shed the area was located and he was told, the New Hope basin. Commissioner Pinney asked the developer if he could have the work completed by the first Monday in November and the developer said he hoped he could. 734 Commissioner Gustaveson told the developer the Board had taken a strong stand on the last four cases of noncompliance, especially when notice had been given and disregarded. Commissioner Gustaveson felt the Board should get a firm commitment from the developer or set a penalty. He said development should not begin until the developer had proper people to complete the entire job, including this type of work. Commissioner Whitted asked if a hydroseeder was the only way this job could be done. The Erosion Control Officer told the Board there were some steep slopes which would make the work difficult. Mr. Freeman explained to the Board a hydro- seeder mixes and blows a mixture of seed, adhesive, fertilizer and straw onto the bank. Commissioner Gustaveson moved to allow the developer five working days to comply with the ordinance. If, at the end of five working days, the owner is not in compliance, the Board will impose the minimum civil penalty of $10 a day. He also moved a report be made to the Board on November Gth. Commissioner Whitted seconded the motion. Commissioner Gustaveson told Mr. Paliouras the last three developers cited were fined the maximum penalty of .$100 per day. Commissioner Willhait offered an amendment to the motion to make the penalty run from the date of noncompliance, October 7. He felt using the date of non- compliance made the ordinance easier for the Erosion Control Officer to enforce. Commissioners Gustaveson and Whitted accepted this amendment to the motion. Commissioner Whitted stated the amended motion allows Mr. Paliouras five, working days to comply with the ordinance. After the end of five days., the Board will impose a civil penalty of $10 per day retroactive from October 7, the date of noncompliance. The Erosion Control Officer asked the Commissioners to consider not rushing the developer in hopes that the quality of work would not suffer. The motion was again amended to a17ow the owner until Friday, November 3, to get the necessary work done. The amended motion, as moved by Commissioner Gustaveson and seconded by Commissioner Whitted,•allowed the owner until November 3 to comply with the ordinance. If, as of November ath the owner was not in compliance, the Board would impose the minimum civil penalty of $10 a day, retroactive to October 7. Vote; ayes, 5; noes, 0. Agenda Item 3: Resolution Approving a„Requuest made by the Town of Cha el Hill to~Oran a Count for an Extension of Extraterritaria Planning urisdictian The County Attorney submitted to the Board a resolution entitled, "Resolution Approving a Request Made by the Town of Chapel Hill to Orange County for an Extension of Extraterritorial Planning Jurisdiction". For copy of said resolution, see page 746 of this book. Commissioner Pinney asked the County Attorney, `if the Board passed the resolution, would we then give Chapel Hill the territory? The County Attorney said the Town of Chapel Hill must comply with Sections 2 and 3 of the resolution, then Orange County has to amend its zoning map and hold public hearings. The Town of Chapel Hill has to amend Its zoning ordinance, zoning map and boundary ordinance and hold public hearings. Commissioner Pinney asked whether Orange County had to amend its zoning map after the Board passed this resolution. The County Attorney said the zoning map had to 6e amended to relinquish control of the territory. Commissioner Willhoit thought the Board should consider .the treatment of mobile homes - whether to permit additional mobile homes or protect the seven mobile homes situated in the area. 735 Commissioner Whitted said the mobile homes currently in the area would be in compliance and any additional mobile homes an individual lots and mobile home parks would be permitted in the rural extraterritorial area through a special use permit. He said if the area were annexed, this would change. Commissioner Willhoit said he would like to have a joint meeting with the Chapel Hill Aldermen to discuss planning in general. He suggested a meeting on November B or November 15 at 7:30 p.m. in the Municipal Building in Chapel Hill to discuss extraterritorial planning and the implementation of the resolution. Commissioner Gustaveson told the Board the situation was urgent and he recom- mended voting now: Commissioner Gustaveson, seconded by Commissioner Pinney, moved to adopt a Resolution Approving a Request made by the Town of Chapel Hill to Orange County for an Extension of Extraterritorial Planning Jurisdiction and to set up a schedule to meet with the Chapel Hill' Aldermen. Commissioner Gustaveson said he wanted to get Orange Comprehensive Planning Council back on track. Commissioner Willhoit expressed his concern about the implementation of Sec- tion 2 of the resolution. Commissioner Whitted said he felt it was important for tP~e Board to keep on track and give a clear statement of general intention so we could get in the arena and start discussions. The Planning Director told the Board the description beginning 3D0 feet to the west of Highway 86 divided a mobile home park. He asked the Board to consider extending the area to 500 feet, which would include the mobile home park. Gommissioner Walker expressed his apposition to voting on this issue and requested more time. Commissioner Willhoit moved, seconded by Corrmiissioner Gustaveson, to amend the description in the resolution from 30D'feet to 500 feet. Vote: ayes, Commissioners Whitted, Willhoit, Gustaveson and Pinney; noes, Commissioner Walker. Agenda Item 4: ~pointment of Ex Officio Members to the County Planunin9 Board Mr. Ben Lloyd asked what the duties of the ex officio member would be. Commissioner Willhoit told him these members would be notified of meetings directly, have the same duties as Planning Board members, but would not have authority to vote. Mr. Lloyd was concerned Commissioner Willhoit was suggesting the ex officio members come from Chapel Hill. Commissioner Willhoit said his concern was that the Board provide adequate planning throughout the county. Mr. Lloyd wanted to see the landowners at the northern end of the county affect the Planning Board. Commissioner Willhoit said the Planning Board has set up township advisory councils and has specifically excluded people who live in municipalities and people who live in extraterritorial jurisdiction from serving on these councils. He said the ordinance provides for 12 Planning Board members and appointment of ex officio members from other governmental units or agencies. Mr. Lloyd felt these township advisory councils had not affected the Board and their recommendations had been overridden. Commissioner Willhoit explained that all recommendations had been taken into consideration and some had been accep±ed. Mr. Lloyd said he felt the people in northern Drange County had been neglected in land use planning and he wanted people appointed to the Planning Board with the entire county's interest at heart. Commissioner Willhoit said he hoped we can work toward a joint planning effort with the municipalities rather than two efforts - one concerned with urban problems and one concerned with rural problems. 736 Commissioner Whitted recommended the Board solicit recommendations from the Board of Aldermen in Chapel Hill concerning ex officio members to the Orange County Planning Board.- He said he would like to 1ook.at the ordinance concerning ex officio members at the time the Board considers this issue. Mr. Lloyd asked, if a member of the regular Planning Board left, could an ex officio member serve? Commissioner Willhoit answered, no. He said five units of government were involved in land use planning: Chapel Hill, Carrhoro, Hillsborough, Mebane and Orange County, this. Commissioner Whitted said the state statutes would have to be amended to allow Agenda Item 5: Im rovements at Northside Multi ur ase Center Ms. Gloria Williams asked the Board to consider the following priorities in her request far renovation of the Chapel Hill-Carrboro Multipurpose Center: 1) Proceed with prior requests for renovation of Orange-Chatham Legal Aid Office at an estimated cost of $500. This would immediately free two offices for JOCCA personnel. Commissioner Willhoit asked who would perform the work. The County Manager said the material costs would be about $500 and he had hoped county personnel could da the work. 2) Add two bathrooms and provide a fire exit for Community School far People Under 6. The school is agreeable to the move. The county engineers estimated this cost to be about $4,400. 3) Convert the room the school moved from which is adjacent to the present legal aid office into office space. The estimated cost would 6e $100. 4) Re-roof the building. The estimated cost would be $5,300. 5) Install $" to 12" blown insulation. The County Manager said he had hoped to get the roofing done this summer with CETA personnel but it did not work out. Commissioner Willhoit asked if insulation was included on energy capital improvements the Energy Conservation Officer had made. The Finance Director said it was not. Commissioner Walker asked if the cost of this insulation was already budgeted and the County Manager replied that it was. Commissioner Whitted said the Board received a report that the building was sound but had not 1QOked at the building or decided how to use it. Ms. Williams told the Board if the grant money Mr. Passmore has requested was released to Grady Brown, other money would be freed which could be used at the nutrition center. Ms. Williams said she had been given an extension for meeting safety, fire and health codes pending a decision by the Commissioners. Commissioner Willhoit suggested the Board authorize an expenditure of funds for items 1, 2 and 3 and proceed with a plan fora ramp at the front entrance or side entrance and a portal at the side door where the food is brought in. Commissioner Gustaveson said we might want to put in some of the priorities while waiting for Title V. Commissioner Willhoit suggested other things that needed to be done could be a part of a second package. Commissioner Whitted said he would like to know budget information. - 737 The County Manager said money for two bathrooms was not budgeted. He felt there would be some problems with the buildings and grounds budget before the year was aver. Commissioner Willhoit asked if Ms. Williams had any requests on the Efland Center. Ms. Williams responded, the main need is to weatherize the building. She estimated the cost of weatherization to be $5,000. She said the building needed storm windows and insulation. Commissioner Gustaveson asked the Board be presented with a list of detailed priorities. Commissioner Willhoit felt the windows and toilet facilities needed to be repaired. Commissioner Walker fell the county should not spend money on a community owned building. Commissioner Willhoit felt repairs were the county's .problem since it was using the building. Ms. Williams told the Board the building was provided to the county rent free. The County Manager said the estimates presented by Ms. Williams were sketchy and he would like to submit a more detailed cost estimate to the Board. Ms. Williams said she would like to get weatherization done before winter and see the building brought up to meet fire, health and inspection codes. Commissioner Gustaveson moved, seconded by Commissioner Wi17hoit, JOCCA submit a detailed list of cost estimates for renovation of requests 1, 2 and 3 and submit a listing of small priorities at Efland Center to better winterize ' the structure by the first Monday meeting. Vote: ayes, 5; noes, 0. Commissioner Walker suggested the Board confer with the County Attorney before spending money on a community owned building. Commissioner Willhoit asked if it would be simpler to appropriate money to JOCCA. The County Attorney said if the county or JOCCA is leasing the building from the community, it could be done_ He said he would look into it and let the Board know. The County Manager said the real problem the county was encountering was getting someone to do the work. Agenda Item 6: JOCCA's~Re ue~st for Reimbursement for Certain Payro , , El xpenses '- Wes Hare said because he thought the CETA program would continue, he worked four people for two weeks after the September 19th deadline. He said the JOCCA Board authorized payment for two weeks salary for four people amounting to $1,010.75. Commissioner Pinney asked if JOGCA encouraged these people to work and kept them on the payroll after September 19th. Mr. Hare said they did work and JOCCA wanted them to work. He said JOCCA expected CETA to continue based on a conversation Gloria Williams had with the County Manager. He said three persons were picked up by JOCCA on 1st of October as part of housing money. Commissioner Whitted asked why the county should pay $1,010.75. Mr. Hare said the county was partly responsible since a county administrator had told them to continue. The County Manager said he told Gloria Williams in June before the budget was adopted the county would keep the program running as long as .it could. Commissioner Walker asked what the JOGCA Board had said.. 738 Ms. Williams said it let four people work under the assumption the County Manager said it would be alright through September 30. We got authorization from the JOCCA Board to pay them. ' Mr. Joe Bradshaw told the Board that Orange County would be the only party who could reimburse the JOCCA Board through special authorization. Through our contract with Balance of State we can only ask for reimbursement after October 1st. He said the establishment of September 19th termination date had little to do with our joining the Balance of State. It had to do with Durham saying they. were running out of money. Durham told us the allocation was running low and we needed to cut back. Commissioner Whined asked if DOET had carry over money. Mr. Bradshaw said, yes. When the 19th came, DOET counted two weeks time and this money was given to the state to fund us through the end of the month. Mr. Bradshaw said this carry over money was based on Board approval and Durham could not release it and our staff did not feel you wanted to change that recom- mendation. Mr. Hare said there was no question that JOCCA was obligated to pay these persons and in four cases there was no question they were only working for JOCCA. He said there was confusion about the two discussed at the last meeting. He said the DOET and the County handled the paper work and JOCCA was supervisor not directly involved with paper work. He said he knew in June that the 19th of September was a firm date but did not receive firm communication from DOET or Orange County that these people were to stop. He said he knew there would be some carry over money. The County Manager said part of the money used to get through the 19th was carry over money. He said almost everything since June was carry over money. Commissioner Willhoit said this would be an additional allocation and since we wi11 be discussing the Efland Center, we do not need to consider this right now. He felt the county should seek compensation from the state. He suggested putting the facts together in terms of this being an act of good faith during the transition period. The Finance Director asked why the state should be involved instead of DOET. Commissioner Gustaveson said this would help smooth the transition from DOET to Orange County. Mr. Bradshaw said they have given us money we did not have the last two weeks. He suggested the City of Durham as a more likely place to pursue reimbursement but they have given us an answer. The County Manager said we possibly could draw this request into a request for funds we are working on now. Agenda Item 8: Pro osal to Create an Oran a Count ommission on Hea th an Medical are Dr. William J. Cromartie, member of Board Capital Health Systems Agency, addressed the Board. He said this committee would focus on the specific health care problems of Orange County. He said the committee was originally proposed to be established as a body to report to the County Commissioners. He said a proposal was submitted some time ago and the document presented at this meeting is fora response to that request. For copy of said proposal, see page 741 of this book. Mr. John Hughes, member of Capital Health Systems Agency Board, said his interest in forming a committee would be to help him, as a board member of HSA, decide what priorities should be. He said there is little community input and we would like to know what they think. Commissioner Whitted asked if this committee would have an official tie to HSA. Commissioner Gustaveson answered, no. The official tie will be to Orange _~ County. Mr. Hughes said it would serve as an HSA advisory group. 739 Dr. Harry Phillips, member of Capital Health Systems Agency Board, said there is a great need far planning in the county. He said there is a need to identify problems, consider resources and come up with solutions. Mr. Jerry Robinson, Director of Orange County Health Department, said this committee is not proposed to be a duplication of H5A or' is it an organization that goes through a funding process to dispense to any particular group, nor will it develop a paid staff. He said it is not a group that has a bias toward private practice of medicine, public endeavors or some combination of both. He said membership requirements exclude persons who have obligations and immediate conflicts because•of their employment. This committee is concerned for balance that would give a full voice to Orange County residents. Commissioner Gustaveson said Orange County needs a mechanism like this to make it possible to coordinate resources to address needs that are not being met. Commissioner Willhoit~concurred with this statement. Commissioner Gustaveson said the committee is structured to have an entire consumer body. He said anyone with medical connections would be excluded.. pr. Cromartie said the group did not feel providers should be excluded. He said provider groups would be present to view problems they are dealing with. There is no focus for that now. Mr. F. Ross Porter wanted to know the purpose of the creation of the committee. He said there is no delegation of power to screen all health matters between the populace and commission or make recommendations. If this is to serve as an individual focus for the benefit of the Commissioners, the Commissioners must divorce them- selves from competence in the health field. If there is no income or outgo to continue the committee, how are they supposed to get free consultants who are "highly regarded" by other health officials in the area? He asked, how do you expect to use this except as a debating society? _ Commissioner Whitted said the committee would broaden input from citizens ~~ in the area on medical care and health care. We need to draw up a statement of purpose at this point to guide the advisory council. ~ Mrs. Josephine Barbour asked on how many health committees the Commissioners were now serving. She was told Mental Health, Health Board and Ad Hoc. Commissioner Willhoit said the Commissioners got many different signals from many different health-provided agencies. This committee would give us the provider vs. consumer aspect in providing medical care. Mr. Porter said he would be the last to believe a consumer is not competent to make judgment, but by excluding people who have adequate skills in health problems to advise you, it seems to be the wrong road. He felt a mixture would make a better advisory council. He said the Commissioners already had a mult i p1icity of groups before them making official and semi-official reports. He felt one way to simplify this was not to endorse another group. Commissioner Gustaveson said we can appoint members tv the advisory council to open up to us a range of expert advice. He said in relation to too many committees, this is one way to grappel with some serious problems. He felt the Commissioners should try to help develop a mechanism to bring together members of the health systems and find better ways to deliver services. He felt this would insure Orange County having priorities built into HSA Plan III. There are many decisions being made regarding provider institutions in North Carolina and the Commissioners need to know what the priorities are and how we fit into these. Commissioner Whitted asked whether Ad Hac's work was finished. pr. Cromartie said it would be unless they were given specific word from the Board. f r Commissioner Gustaveson said the next step would be to urge the Commissioners to adopt this proposal. He said the committee does have suggestions of people to nominate for this committee. He asked the Board to take time. and get resumes from a broad range of people. ;. 740 Commissioner Walker said he would like to discuss the matter further to have a better understanding of the direction of the committee. Commissioner Whitted asked the County Attorney to draw up a resolution to be considered at the first Monday meeting which would state the function of this committee, terms of office, persons eligible to serve. Commissioner Gustaveson said the terms of office should be set by Commissioners and the bylaws adopted by the committee. Commissioner Gustaveson moved the County Attorney draw up a resolution incorporating the functions of the committee stated in the draft proposal of the Ad hoc Committee to the advisory council, leaving blank the terms of office which are to be considered by the Commissioners on November 6. Vote: ayes, 5; noes, 0. Ms. Susan Bennett expressed her interest in setting up an advisory committee and offered her services to do whatever necessary to get things going. Agenda Item 9: Resolution Directin Publication of Notice of Intention of Board of Commissioners to Create an Industrial Facilities and Pollution Control Financinv Authority The County Attorney presented a resolution entitled, Resolution Directing Publication of Notice of Intention of Board of Commissioners to Create and Industrial Facilities and Pollution Control Financing Authority. Commissioner Pinney moved, seconded by Commissioner Gustaveson, the county adopt this resolution. Uote: ayes, 5; noes, 0. For copy of said resolution, see page 751 of this book. Agenda Item I0: ABC Fee Schedule Commissioner Willhoit suggested the Board consider whether ABC fee should be collected on a calendar year basis or fiscal year basis. Commissioner Pinney said all licenses should coincide with the county's fiscal year. Commissioner Willhoit proposed the County Attorney prepare a document for approval by the Board at the first Monday meeting. Agenda Item 11: Legislative Resource for Public Education Commissioner Willhoit asked the Board members for input of things that should be discussed at this conference. There being no further business to come before the Board, the meeting was adjourned. _, Richard Whitted, Chairman Mary Lou Bouley, Clerk 741 Working Draft Of RESOLUTION ESTABLISHING THE ORANGE COUNTY HEALTH AND MEDICAL CARE ADVISORY COUNCIL The Board of Commissioners for Orange County, North Carolina, met in regular session at the Commissioner's Room at the County Courthouse in Hillsborough, North Carolina, the regular place of meeting at 7:30 P. M on _OCtober ?3~ 1978. Present: Chairman, Richard E. Whitted, presidiDg, and Commissioners ~onald'rlil1hoit Norman l~Jalker Jan Pinne and Norman ,ustaveson Absent: None Commissioner Norman Gustaveson introduced the following resolution: BE I.'I' RESOLVED by the Board of Commissioners for Orange ..- ,. N, B~RNHOLZ acxensoN 1-tl'ORNEYS AT LAW CNAppL HILL, N.C. =-:LL590ROUCH, Nom. County: Section I. A need exists to establish the ORANGE COUNTY HEALTH AND MEDICAL CARE ADVISORY COUNCIL in order to compliment. and Strengthen the activities and functions of the Orange County Board of Health, and Capital Health Systems Agency, the prange- Chatham Comprehensive Health Services, the Durham-Orange County Medical Society, any and all medical and hospital associations active in Orange County, and any other groups interested in the problems of health and medical care. delivery in Orange County. There is further a need to tabulate and make known the various medical care facilities and services available to the people of Orange County and their elected representatives in their efforts to meet the health and medical care needs of all County residents. Section 2I. The function of the COUNCIL would be to work closely with the Orange County Health Department, the Capital Health Systems Agency, and all other professional and consumer organizations interested in and serving health needs in orange County in defining as precisely as possible the health and medical care needs of every citizen of Orange County and each community of Orange County to periodically report to the Board of~ 742 -2- WLE.MAN. BERNHOLZ a DICKEA$ON AT:04N2Y9 AT LAW CHAPEL HILL, N.C. HILLSEOAOVGH, N.C. (.. Commissioners and to the people of Orange County regarding the health services available. Section III. There is hezeby created and established the Q1iANGE COUNTY HEALTH AND IKEDICAL CARE ADVISORY COUNCIL. Section IV. The COUNCIL is charged with the continuing responsibility to: A. Study the health and medical care needs and resources of Orange Caunty and to periodically report the results of the studies to the Board of Commissioners; B. Study and periodically recommend to the Board of Commissioners means by which the health and medical care system components can coordinate and facilitate the delivery of health care. The periodic reports and recommendations invisioned in A and B herein should contain sufficient detail to hermit the Board of Commissioners and the people of Orange County to under- -' stand the requirements for implementing each program presented a an option and insofar as possible to indicate the expected cost of and benefits from each alternative. The reports and recommen- dations should also indicate what effect new programs will have on the programs that are now in operation. Any such report or recommendation therefore should contain an inventory of all current programs including their casts to Orange County:.along with the services that are currently being provided through each program: C. Facilitate communication among various components of the health system; D. Provide a forum where providers and consumers can consider health system alternatives; E. Encourage and facilitate consumer involvements in the planning and delivery of health services; F. Provide a forum for local input into Capital Health Systems Agency Initiatives; G. Be available for and be prepared to undertake studies resulting from special requests. by the Board of Commissioners. II 743 Section V. The COUNCIL shall consist of nine voting members appointed by the Orange County Board of Commissioners for terms as follows: In case of a vacancy occuring during a term, the vacancy shall be filled by the Board of Commissioners foz the unexpired portion of the term. All members shall serve at the pleasure of the Board of Commissioners. In making appointments to the COUNCIL the Board of Commissioners shall, be guided by the following criterion. Persons appointed should be: A. Nat employed, directly or indirectly, by any component of the health and medical care system; B. Selected so as to balance representation by residence and socao-economic characteristics; C. [rJilling to exert the necessary effort to deal effectively with the complexity and technicality of the medical care system. Section VI. Recognizing that the COUNCIL wall deal with problems requiring special medical and administration expertice, the Board of Commissioners wall appoint consultants to the COUr7CIL upon request by the COUNCIL. Such a request or requests should be accompanied by a recommendation from the COUNCIL as to persons qualified to serve as consultants. In na event will consultants -3-. have voting rights on the COUNCIL. In selecting consultants to COt N, BE0.NHOLZ e~~JICK&nsON be appointed to advise the COUNCIL the Board of Commissioners ATTORNEYS AT LAW , ~. CHApEL HILL, N.C. HILLSaoa~ucH,NC. shall be guided by the following criterion. Persons selected should be: A. Persons of high regard among Orange County health and medical care professionals; B. Pzofessionals of previously demonstrated knowledge and ability; 7{}4 - - - ... - .. - -, z,:ar- , C. Willing to and capable of providing or arranging for considerable hours of consultation. ~~ Section VII. Orange County will provide the COUPdCIL with: A. Secretarial support to provide minutes of meetings, mailing, copying, correspondence, and telecommunications costs; B. Staff time to facilitate communication, scheduling of persons to be in attendance, collection of requested infor- mation; .. n... COL°_MAN, BERNHOLZ Lr DICKERSON ATTORNEYS AT LAW CHAPeL HILL, N.C- HICLSEOR000H, N.C. F C. Members of consultants will not be paid for their services, however, with the approval of the Orange County Finance Officer they will be reimbursed for travel, expanses, meals and reasonable incidental expenses incurred in performing their duties. Section VIII. It is not contemplated that the COUNCIL will own any real estate or any tangible personal property of consequence. Orange County hereby reserves all rights to the work product of the COUNCIL. Section IX. This resolution shall take effect upon its passage. Commissioner Norman Gustaveson moved passage of the foregoing resolution and Commissioner ponald 1Ji11hoit seconded the motion. The resolution passed and the vote was as follows: Ayes: Commissioners Norman Gustaveson, DQn~.L~~+t,iLlhoit; ,_,__ Norman Plal ker, ,lap Pi nney and Richard ldhi tted Noes: Commissioners ` I, Mary Lou Bouley, Clerk to the Board of Commissioners to the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of the Board of Commissioners for said County at a Heating held 23d daV of October , 1978, as relates in any way to the RESOLUTION ' I, hereinafter set forth and that said proceedings are recorded in 7A~5 the minute book of said Board for said date. WITNESSED my hand and the seal of Orange County, this the 23rd day of October lggg, J, ,, ~ ,_L•. ~ J Mary Lou ~:Bouley Clerk to the Board of Commissioner: -5-• COL V, BPRNHOLZ ~ DICKERSON .. AT7[1RNF.YS AT LAW CHAPEL HRL, N.[, HSLLSHOROUGH, N.C. 7 RESOLUTION APPROVING A REQUEST MADE BY THE TOW1V OF CHAPEL HILL TO ORANGE COUNTY FOR AN EXTENSION OF EXTRATER- RITORIAL PLANNING JURISDICTxON The Board of Commissioners for the County of Orange, North Carolina, met in regular session at t.`~e Commissioners' Room at the County Courthouse in Hillsborough, North Carolina, the regular place of meeting at 7:30P.M., on October 23, _,1978. Present: Chairman Richard E, whiffed presiding, and Commissioners Jan Pinney, Donald Willhoit, Norman Walker and Norman Gustaveson Absent: None COLEMAN, BERNHOLZ dr DICKP,RSON AT'fOR27EY5 qT LAW CHAPEL HICL, N.C. H~LLSBOROUCH, N-C. Commissioner Norman Gustaveson introduced the j; tta following resolution: BE IT RESOLVED by the Boaxd of Commissioners for the County of Orange: Section I. The Town of Chapel Hill, after due consider- ation of the present and future planning needs of the-Town, has determined that it can nvw, or in the future, prova.de urban services to the area described i.n Section YZ and that (here a.s now and will be in the future a demand by the inhabitants of the area for urban services. Further, the inhabitants of the area are thought to be oriented generally towards the Town of Chapel Hill for employment, services; recreation and the like. Section zI. Provided the Town of Chapel Hi•11, by Resolution duly adopted, pursuant to N. C. Gen. Stat. X160-A-360 (g), and for the reasons set forth in Section I requests•an extension of its extraterritorial planning jurisdiction to - 747 4'Q[ N, $ERNHOL2 ICRER50N A'f, J6Y5 AT LAW CHAPEL HILL, 4.C. :lILLSEpROUGH, N.C. include an area north of its existing planning jurisdiction and more particularly described as follows: Beginning at a point in the existing boundary line separating the planning jurisdiction of the Tawn of Ghapel Hill and Orange County 500.feet generally west of the western right-- of-way of North Carolina Highway 86 and measured along a line perpendicular to North Carolina $6; thence a line parallel to North Carolina 8~ generally north and at every point lying $00 feet generally west of North Carolina 86 and measured along a line perpendicular to North Carolina 86 to its intersection with the southern boundary of the Duke Power Company easement that crosses North Carolina 86 approximately 750 feet north of Weaver Dairy Road (N. C. Secondary Road #1733); thence with the southern boundary of the Duke Power Company easement generally east tc its intersection with the existing boundary line separating the planning jurisdiction of the Town of Chapel. Hill and Orange County; thence along that boundary line generally west to the point and place of the beginning. Section 222. And further provided the xown of Chapel '.. Hi11, also by Resolution duly adopted declares its intention to amend the Town's Zoning Ordinance and Zoning Map to: A. provide the same treatment for mobile homes on individual lots in the•eXtension:area:as that currently provided in the Zoning Ordinance and Zoning Mag ~f••Orange County; $• provide- that mobile home parks be permitted in the extension area through the device of special use permits; and C. provide that existing mobile home parks in the extension area be permitted to continue to exist and operate uncle .. ~ 7Ff8 -3- COLEMAN, BERNNOLZ dr PICKF.R$ON ATTORN8Y5 AT LAW CHAPEL HILL, N.C. HILLSEOROUCH, N.C. the zoning rules and regulations presently in effect in the County's Zoning Regulations. Section IV. Orange County, recognizing the planning needs of the Town of Chapel. Hill as set forth above and further recognizing that the extension area has been designated by the County as a developed transition and rural transition area in the County's duly approved and adopted Land Classification system for Chapel Hill Township, pursuant to N. C. Gen. Stat. ~].60A-360 (g), hereby approves, conditioned upon the adoption by the Town of Chapel Hill of the Resolutions set forth..:in'Section II and Section III herein, the extension of the planning jurisdiction of the Town of Chapel Hill to include an area north of the Town's existing planning jurisdiction and more particularly described as above and as follows: Beginning at a point in the existing boundary line separating the planning jurisdiction of the Town of Chapel Hill and Orange County '500 feet generally west of the western right- of-way of North Carolina Highway 86 and measured along a line perpendicular to North Carolina 86; thence a line parallel to North Carolina 86 generally north and at every point lying 500 feet generally west of North Carolina $6 and measured along a line perpendicular to Piorth Carolina 86 to its intersection with the soutern boundary of the Duke Power Company easement that crosses North Carolina 86 approximately 750 feet north of Weaver Dairy Road (N. .C. Secondary Road #1733); thence with the southern boundary of the Duke Power Company easement generally east to its intersection with ,the existing boundary line separating the planning jurisdiction of the Town of Chapel Hill and Orange 749 County; thence along that boundary line generally west to the point and place of beginning. Section V. Orange County, in approving the request of CYiapel Hi11 as herein provided, does so in further recognition of the Town's intention to amend its Zoning Ordinance and Zoning Map to accomodate the, need within the extended area for zoning regulations which permit mobile homes on individual lats as now permitted in the County Zoning Ordinance and Land Use Map; which permit mobile home parks aftez application and receipt by the park developer of a special use permit; and which permit mok~ile home parks presently existing in the extended area to continue to exist and operate under the zoning rules and regulations presently in effect in the County's Zoning Regulations_ Section V2. This resolution shall take effect upon its ~~. -~4- ~~ rG'1 .N, BBANHOLZ - «JICKERSON ~. ATTORNEYS AT LAW CHAPEL HILL. N.C. 4lLLSEOAOUGH, N.C- ~ passage. ~i Commissioner Norman Gustaveson moved passage of the foregoing resolution and Commissioner Jan Pinney seconded the motion. The resolution passed and the vote was as follows: Ayes: Commissioners Norman ,Gustaveson, Jan Pinney_L_ ,_~.,` Donald Willhoit, Richard Whitted and Norman Walker. Noes: Commissioners None 75~ - I, Mary Lou Bouley, Clerk to the Board of Commissioners, for the County of Orange,. North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of the Board of Commissioners for said County at a meeting held the 23d day of October, 1978, as relates in any way to the RESOLUTTON.hereinabove set forth, and that the said proceedings are recorded in the Minute Book of the minutes of said Board for said date. !,IITNE5S my hand and seal of said county, this the 23d day of October, 197$. %` .. _ _ L' i% ~~ ,-<.~<<_ mow` ~~„ Mary Lau 8ouley, C erk to the Boa~^ of Commissioners '-~ 751 THE BOARD OF COMMISSIONERS FOR THE COUNTY OF ORANGE, NORTH CAROLINA Notice of Intention to Create. Authority The Board of Commissioners for the County of Orange, North Carolina, met in regular session at the Commissioners' Room at the County Courthouse in Hillsborough, North Carolina, the regular place of meeting at 7:30 P.M., on October 23, 197$. Present: Chairman Richard E. Whitted presiding, and Commissioners Donald Willhoit, Norman Gustaveson, Norman Walker and Jan Pinney. Absent: None Also present: Geoffrey Gledhill, County Attorney, and Mary Lou Bouley, Clerk. * * * ,~ _ Commissioner Jan Pinney introduced the following resolution which was read: RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION OF BOARp OF COMMISSIONERS TO CREATE AN INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY BE IT RESOLVED by the Board of Commissioners for the County of Orange: Section 1. The Board of Commissioners has determined to create by resolution a political subdivision and body corporate and politic of the State of North Carolina to be known as "The Orange County Industrial Facilities and Pollution Control Financing Authority" (the "Authority") pursuant to the provisions of Article V, Section 9 of the Constitution of North Carolina and Chapter 159C of the General Statutes of North Carolina (the "Act"). 752 ,Section 2. In compliance with Section 159C-4(a) of the Act, the Board of Commissioners hereby directs the Clerk to file with the Department of Commerce of the State of North Carolina and the Local Government Commission of the State of North Carolina notice of its intention to adopt a resolution creating the Authority, which notice sha11 be in the form attached hereto as EXHIBIT A. Section 3. This resolution shall take effect upon its passage. Commissioner Pinney moved passage of the foregoing resolution entitled: "RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION OF BOARD OF COMMISSIONERS TO CREATE AN INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY" and Commissioner Norman Gustaveson seconded the motion, and the resolution was passed by the following vote: Ayes: Commissioners Richard Whitted, Norman Gustaveson, Jan Pinney, Donald Willhoit and Norman Walker. Noes: None. I, Mary Lou Bouley, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing -2- 753 is a true and complete copy of so much of the proceedings of the Board of Commissioners for said County at a meeting held October 23, 1978, as relates in any way to the resolution hereinabove set forth, and that the said proceedings are recorded in Minute Book pf the minutes of said Board for said date. WITNESS my hand and the common seal of said County, this the 24th day of October, 1978. ~~ Clerk to the B rd of ~Commssione ~ , ,~ ~~ -3- EXHIBIT A NOTICE OF INTENTIDN OF THE BOARD OF COMMI55IONERS FOR THE COUNTY OF ORANGE TO CREATE AN INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY In accordance with the provisions of Chapter 159C of the General tes of North Carolina (the "Act") and particularly Section 159C-4(a) thereof, the Board of Commissioners for the County of Orange, North Carolina hereby gives notice to the Department of Commerce of the State of North Carolina and the Locai Government Commission of North Carolina of its intention to adopt a resolution creating "The Orange County Industrial Facilities and Pollution Control Financing Authority" pursuant to the provisions of the Act. ,,, ~~,, BOARD OF CONII~7ISSIONERS FOR TiiE .. • COUNTY OF ORANGE 1 i y~y - - ~Q \i~~ Clerk hoard of .Comm~i~ers Received on October 27 1978. Department of Commerce (Department of Commerce or Laval Government Commission) gy; Bruce Strickland Title: Financial Consultant