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HomeMy WebLinkAboutMinutes - 19781121780 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS NOVEMBER 21, 1978 The Board of County Commissioners met in regular session on Tuesday, November 21, 1978, at 7:30 p.m., in the Commissioners' Room of the Courthouse in Hillsborough, North Carolina. Members present: Commissioners Richard ldhitted, Norman ~ustaveson, Donald Willhoit and Jan Pinney. Members absent: Commissioner Norman Walker. Chairman Whitted opened the meeting by asking if any Board member wished to add additional items to the agenda. The following items were added to the agenda: Agenda Item lOB: Appointments to Youth Services Needs Task Force Agenda Item 11: Items of Information Agenda Item 12: Land Transfer to Chapel Hill Housing Authority Agenda Item 13: Date to Consider Subdivision Ordinance Amendments Mrs. Josephine Barbour thanked the Board for their help in getting the sign replaced at the Eno River Bridge on Lawrence Road. Agenda Ttem 2: Minutes of October 17, October 24 October 30 and November 1978 The minutes of October 17 were approved. The minutes of October 2$ were approved after correction. The minutes of October 30 were deferred. The minutes of November 6 were approved after correction. Agenda Item 3: Rezonin Request of Clarence Gates Commissioner Willhoit moved, seconded by Commissioner Gustavesan, to adopt the Planning Board's recommendation to deny the rezoning request of Mr. Clarence Cates from residential to general commercial zoning. Vote: ayes, 4; noes, 0. Agenda Item 4: Violation of Erosion Control Ordinance by Stagecoach Run Subdivision Mr. C. W. Davis, representing the oevners of Stagecoach Run subdivision, requested relief from the fine which had been levied for noncompliance with the ordinance. He explained some of the problems he had been having because of weather, broken equipment and grading contractors backlog due to weather. He said he was presently under a $550 fine - $10 a day for 55 days, July 28 through September 20, for noncompliance. He said Mr. Coughlin's letter gave him 12 working days after reciept of his letter to bring the site into compliance. Mr. Davis calculated that date to 6e August 15th. He suggested amending Section 22 of the ordinance to specify working days or calendar days. He told the Board he was not trying to get out of doing the work and would exceed the ordinance requirements in the future. Mr. Davis said his only notification of the fine was a telephone call. The Erosion Control Officer said official notice of violation was sent to the owners of Stagecoach Run by registered mail and he had telephoned Mr. Davis to tell him the Board had levied a fine, then he wrote Mr. Davis a demand letter. The County Attorney said the ordinance gives the Board authority to assess a fine from the date of the violation. He said the county was not required to give developers additional time to come into compliance but had given a grace period as a matter of policy. He said the ordinance requires the developer be given notice of the violation and the time which the violation begins. 7s1 Commissioner Willhoit said his interpretation was if the developer was not in compliance after the grace period, the fine is levied from the date oi' violation. Commissioner Whitted said the Board makes the decision an the date the fine is levied based on facts submitted to the Erosion Control Officer. He said the policy has been to set the fine date upon owners' first notification of noncompliance. The County Attorney said since working days were not specified in the ordinance, fines were levied on a calendar-day basis. The Erosion Control Officer said the site was brought into compliance after Mr. Davis received the call notifying him the Board had levied a fine. He said the developer brought the site into compliance by providing a vegetative cover along the shoulders and slopes of the road. He said after the seeding work was done, a rain storm washed they work out in a couple of places which are now free to erode. He said on October 20, Mr. Coughlin had contacted Mr. Davis by phone and notified him the site needed riprap on inverts of culverts and ditches, but the other work was satisfactory. He said the site was brought into compliance on September 22 and Mr. Davis said he do the riprap. Commissioner Willhoit asked if the present amendments would incorporate using a stop work order which would be an effective tool to bring the sites into com- pliance without the necessity of having to wait for the Board to levy a fine. The Erosion Control Officer said a stop work order was an effective tool when sites were under construction. Mrs. Barbour said she thought Mr. Freeman had agreed to put a paragraph in his notification letters saying fines would be levied from a given date. Commissioner Whitted asked Mr. Freeman if he was not notifying people that a fine was being levied and the date from which the fine would run. Mr. Freeman said that he was. Commissioner Gustaveson said since the project was in compliance on September 22, which is one of the aims of the ordinance, he thought the Board should consider reducing the fine or cutting down on the number of days. He expressed his concern that developers take the ordinance seriously. Commissioner Iillhoit asked For a recommendation from the Erosion Control Officer. Mr. Freeman said since Mr. Davis has assured him he will provide riprap, he has no objection to dropping the civil penalty. Commissioner Iillhoit requested a report of the site's progress at the December 4 meeting with the idea the Board would drop the civil penalty if the work is completed. Agenda Item 7: Peat, Marwick, Mitchell & Co.- Review of Audit Mr. Phillip Wilson, Mr. Phil Levine and Mr. Ron betrich were present in the audience representing Peat, Marwick, Mitchell & Co. Mr. Phillip Wilson reviewed the county's financial statement with the following comments: He said th'e North Carolina Local Government Commission suggests property taxes assessed but not col- lected not be accrued in the financial statement while accountants believe net receivables should be shown in the fund balance. He said in November of 1976, six million dollars worth of bonds were authorized and included as revenue in the financial statement even though they were not issued until 1977. He said at the end of June, 1978 bonds were received but the revenue had been reported in the previous year. Commissioner Whitted said the Board was aware of the basic disagreement between the accountants and the Local Government Commission and had accepted his condition in the auditor's statement. Mr. Wilson said he agreed the Board should keep this quali- fication until accountants and the Local Government Commission resolved this issue. Mr. Wilson said the county's financial statement looked good and there was a hal` million more in revenue than budgeted which was property taxes received and sales taxes plus an under expenditure. 732 Mr. Phil Levine presented the following suggestions in his management letter: 1) Tax payments should be deposited daily rather than held overnight in the tax office pending resolution of an account. He suggested putting a copy of the check with the bill and depositing the payment. 2) Grant programs need more centralized and coordinated methods of monitoring and evaluation. He suggested getting copies of all grant agreements and amendments not presently in the county's file. 3) Cash register has been installed in Register of Deeds office to help control cash, receipts and disbursements. He said this control would be effective if the Finance Department reconciled cash register readings to cash receipts recorded. 4) Investments -steps have been taken to prevent short fall in collateral security from happening in the fugure. 5) General fixed assets system is to the point information is contained and records transferred on a daily basis. 6) Users manual should be developed for com- puterized accounting system. Commissioner Whitted questioned verification and listing of persons to other than recipients signing social security checks. Mr. Levine said this was not mentioned in his letter because documentation was significantly better. The Finance Director said the state had taken over social security checks as of January 1st. He said the checks come out of Raleigh and are returned to Raleiq_h for reconciliation. Record keeping is no longer the county Finance Department's responsibility. Mr. Wilson of Peat, Marovich, Mitchell & Co. would like to propose a contract for next year's audit with an increase of approximately 7 percent. He said he did not bring the contract to the meeting but he would forward the contract to the County Manager and he would be happy to discuss any questions. Agenda Ttem 6A: Report of Bid Results for Storm Windows The Energy Conservation Officer pointed out the differences between the economv and deluxe windows. ` For copy of bids, see page 785 of this book. She recommended the double track Lowes deluxe storm windows. She estimated two months before installation. Commissioner Willhoit asked what the pay back would be Ms. Fitzgerald said she calculated overall payback at 24 percent. She said with a 10 percent per year increase for electricity, estimated payback time would 6e 4.5 years in social services building, 4 years in new courthouse and agricultural building and 3 years in health building. She estimated constant 1977-78 energy dollar cost to be 4.7 years in health building, 6.9 years in social services building, 5.5 years in new courthouse and 6 years in agricultural building. Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to adopt the Energy Conservation Officer's recommendation to accept Lowes' bid of $5,918.49 for storm windows for the new courthouse, agricultural building, health building and social services building. Vote: ayes, 4; noes, 0. Agenda Item 6B: Insulation Bid Commmissioner Willhoit moved, seconded by Commissioner Gustaveson, to accept the Energy Conservation Officer's proposal to reject all insulation bids. Vote: ayes, 4; noes, O. Commissioner Pinney asked whether the county was caulking. Ms. Fitzgerald said Lowes would install caulking for $1.10 per window in the new courthouse, $1.25 on windows they do not install, $1.25 per window on bottom floor of old courthouse and $1.50 per window on top floor of old courthouse. Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to approve $11,000 be taken from contingency fund and added to building and grounds fund for purposes of energy improvements. Vote: ayes, 4; noes, 0. Agenda Item 8: Amendments to Oran a Count Soil and Erosion and Sediment Control Ordinance. Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to adopt the Orange County Soil and Erosion and Sedimentation Control Ordinance Amendments. Vote: ayes, 4; noes, 0. 733 Far copy of Amendments to Drange County Soil and Erosion and Sediment Control Ordinance, .see page 786 of this book. Mr. Wall, a gentleman in the audience, asked whe±her the Erosion Control Officer had the right to enter private property and whether an individual could build a house on his own property as close as he wanted to a body of water: Mr. Freeman said the county's ordinance was taken from a model ordinance drawn up by the state. He said the ordinance says a person can grade to the bank if adequate control measures are installed. Commissioner Willhoit said there are health regulations requiring a buffer from streams and bodies of water. Mr. Ben Lloyd asked whether the Erosion Control Officer had the right to enter private property. Commissioner Whitted said a plan for land disturbing activity had to be filed with the Erosion Control Officer. He said plan approval allows for inspection by the Erosion Control Officer. Agenda Item 9: Resolution Establishing Orange Co_un_ty_Health_ and Medical Care Advisory Council Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to adopt the Resolution Establishing Orange County Health and Medical Care Advisory Council. Vote: ayes, ~; noes, 0. Agenda Item 6A: Appointments to Orange County Council on Aging Commissioner Whitted said the Board needed to make a consideration on Ruth Cooper because she has a joint appointment by the County Commissioners and the Health Board. Commissioner Willhoit said he wanted to see representation from Efiand and Cedar Grave areas. He said he would like to nominate Van Kenyon. He said he would like to take action on this item at the December 4th meetinc. Agenda Item 6B: Appointments to Youth Services Needs Task Force The following recommendations were suggested by Mr. Wes Hare: 1) Orange-Person-Chatham Ptental Health Center: Mrs. Joan Holland. 2) Orange County Sheriff Department: pavid Hughes, Deputy Sheriff. 3) Judicial District Juvenile Court: Harold Rogers, Chief Court Counsellor. Commissioner Willhoit moved, seconded by Commissioner Gustaveson to adopt Mr. Hare's recommendations. Vote: ayes, 4; noes, 0. Agenda Item 11: Items of Information 1.1 Transportation Improvement Program 1979-1985 from Department of Transporation has been received. A copy is on file with the Clerk. 2) Department of Transportation sent notification of a public hearing on Ncvember 30, at 7:30 p.m., at E.K. Powe School in Durham, on East-West Expressway in Durham. 3) Resolution received from Liggett Group proposing to keep its world headquarters in Durham, North Carolina. Commissioner Whitted said if the world headquarters were moved to New Jersey, there is a possibility Liggett would dispose of its tobacco operation in Durham which would affect Orange County residents now employed by Liggett. 4) Letter received from Chapel Hill Housing Authority indicating their interest in a meeting with people of Oranoe Gounty interested in planning and housing. Officials invited include County Commissioners, Mayor, Aldermen and Managers. The meeting will be held on December 8th at 10:00 a.m., in Chapel Hill-Carrbaro Education Administration Building. (Lincoln Center) 784 Agenda Item 12: Land Transfer to Cha el Hill Housin Authorit Commissioner Whitted said the county had agreed to transfer a tract of land on Northside property to the Chapel Hill Housing Authority to erect a service center. The Chapel Hill Housing Authority has applied for a special use permit. Commissioner Whitted said the county accepted the property from the Chapel Hill-Carrboro Board of Education and one stipulation was a public hearing would have to be conducted for any disposition of property so citizens in the area would have input. Commissioner Willhoit suggested conducting this public hearing at Northside on December 19, the third Tuesday meeting. Agenda Item 13: date to Consider Subdivision Ordinance Amendments Commissioner Whitted suggested a meeting to review and consider amendments to the. Subdivision Ordinance on Monday, November 27. He said there would be no official , action taken at that time. Commissioner Gustaveson suggested the Planning Director prepare a memorandum for the Board setting out which recommendations by the Planning Board required public hearings. There being no further business to come before the Board, them ting was adjourned. /,l~~,, _.~~ _~~ Richard Whited, Chairman Mary Lou Bouley, Clerk ~. . d ATTAChiMENfi I VENDOR Building: Ne4a Courthouse Double Track Triple Track Agri_cul tune Double Track Triple Track Health Double Track Triple Track Social Services Double Track Triple Track ta7 Double Track i'otal Triple Track 785 STORM WINDOW BI D5 10:00 A. M. 10/30/78 Rice Jacobs Lawes Ra co 1,868.25 2,724.80 2,162.70 2,605.24 1,899.25 2,$48.80 2,635.20 2,752.80 1,339.25 1,662.00 1,529,32 1,834 04 1,364.75 1,766.00 1,917.76 . 1,957.80 467.95 51fi.00 528.21 628.49 476.45 550.00 655.20 668.78 1,445.90 1,746.80 1,698.26 2,022.30 1,472.90 1,854.80 2,101.64 2,150.28 5,121.35 6,649.60 5,918.49 7,090.07 5,213.35 7,019.60 7,309': 8D 7,529.66 INSULATION BIDS 10:00 A. M. 10/30/78 No Labor Labor Inc. Vendor Location Batt* Blown-In New Courthouse, Health Rapco & Social Services 5,755.00 5,184.00 New Courthouse, Health Boyce Insulation & 5ocia] Services 4,220.04 Total Batt 5,755.00 :al Blown-In 9,404.04 *Material only ... „ _' .OL.WAN. ISEANFiOLZ h DICKEASON A7T()ANEYS AT LAW C.HA^EL HILL, N.C. :1 tL15-OROVCH, N.C. X36_:.. AGENDA ATTACHMENT II ~2E50LUTION ADOPTING AMEND.b1ENTS TO THE ORANGE COUNTY 50IL EROSION At7D SEDI!`4ENTATION CONTROL ORDINANCE - - - _,~ _.. --:1 t 1 z The Hoard of Commissioners for grange County, North Carolina met in regular session at the Commissioners Room at the County Courthouse in Hillsborough, North Carolina, the regular _ place of meeting at 10:00 A.M_ on November 6, 197$. All members _ I. of the Board were present at the opening of the meeting. Commissioners Pinney and Walker were not present when the follaw- ing resolution was introduced to the Board: BE IT RESOLVE)] by the Board of Commissioners for Orange County that the Orange County Soil Erosion and Sedimentation Co:i~ol Ordinance.. be amended as shown in the complete ordinance attached hereto and incorporated herein by reference_ The sections amended are indicated as such_ The amendments to take effect upon nntificatian of approval of the ordinance as amended from the North Carolina Sedimentation Control Commission. Be it further resolved that the Orange County Erasion Control Officer is directed to send a copy of the ordinanc as amended to the North Carolina Sedimentation Control Commission for their consideration and approval. The Erosion Control Officer~is further directed to file with the Clerk of the Board of Commissioners a complete copy of the ordinance as amended showing .the effective date of the amendments after appz~val from the North Carolina Sedimentation Control Commission. Commissioner Norman 6ustaveso7 moved passage a£ the ' faxegoing resolution and Commissioner Oonldillhoit seconded the - r motion. The resolution passed on first reading and the vote was as follows: Ayes: Comrissioners Gustavescr., t7hitted, and t+Ii,llhoit_ Commissioners Pinney and Walker did not vote on this resolution. The Hoard of Commissioners far Orange County, North. Carolina, met in regular session at the Commissioners Room at the County Courthouse in Hillsborough, North Carolina, the regular 737. '. a -2- OLEMAN, BERNHOLZ E~ DICKe0.SON gTTOKN EYS AT LAW CHAPEL HILL, N.C. IILLSBOKOUCH. N.C. place of meeting at 7:30 P.M, on November 21, ].978. Present: Cormnissioners Richard lahj,f,t~r{., PJnrman Gusiraveson. Jan Pinney_a~~,,,,.,~,~ Donald !~lillhoit Absent : Commissioner "lorman !~la 1 ker Commissioner Norman Fustayeson moved passage on second reading of the RESOLUTION AMENDING THE ORANGE C4UP7TX SOIL EROSION AND SEDIN~NTATION CONTROL ORDINANCE passed on first reading on November 6, 197$. Commissioner Don !•lillhoit seconded the motion. The resoluta.vn passed and the vote was as follows: ' Ayes: Commissioners Jan Pinney and Richard Whitted. Norman Fustaveson, Donald !~!illhoit; Noes: Commissioners I, Mary Lou Bvuley, Clerk to the Board of Commissioners to the County o~ Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of the Board o` Commissioners far said County at meetiDgs held on November 6, 1978 and November 21, 1978, as relates in any way to the RESOLUTION hereinabove set forth and that said proceedings are x•ecorded in the minute book of said Board for said dates. 'WITNESSED my hand and the seal of Arange County, this the 21st day of November 1978. Mary Lou Bou1e]i, - ~ ._. - "-./,-_` _.,....~ Clerk to the Board of Commissi'aners