HomeMy WebLinkAboutMinutes - 19781204
795
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
DECEMBER 4, 197$
The Board of County Commissioners met in regular session on
Monday, December 4, 1978, at 10:00 a.m., in the Commissioners' Room of the
Courthouse in Hillsborough, North Carolina.
Members present: Commissioners Richard Whitted, Norman Gustaveson,
pon Willhoit, Jan Pinney, Norman Walker and Commissioner Elect, Anne Barnes.
• Agenda Item 1: A royal of Minutes •-
The minutes of November 21, 1978 were approved after correction.
The minutes of November 27, 1978 were approved.
The minutes of October 30, 1978 were approved after correction.
Commissioner Whitted read a resolution honoring Commissioner Jan
Pinney. For copy of said resolution, see page 813 of this book.
Agenda Item 3: Commissioner's Oath of Office
The Clerk of Court administered the Oath of Office to Ms. Anne Barnes,
Mr. Norman Walker and Mr. Norman Gustaveson.
Agenda Item 4: Election of Chairman to Board of Commissioners
Commissioner Willhoit moved, seconded by Commissioner Gustaveson,
to appoint Mr. Richard Whitted to serve as Ghairman of the Board of County
Commissioners until December 3, 1979. Vote: ayes, 5; noes, 0.
Agenda Item 5: Election of Vice Chairman to Board of Commissioners
Commissioner Willhoit moved, seconded by Commissioner Barnes, to
appoint Mr. Norman Gustaveson to serve as Vice Chairman of the Board of
County Commissioners until December 3, 1979. Vote: ayes, 5; noes, 0.
Agenda Item fi: Additional Items to be Added to Agenda
Agenda Item 10C: Review of County Commissioner's Committee
Appointments
Agenda Item 17: Response to Mecklenburg County's Letter
in re Liquor b.y the Drink
Agenda Item 18: piscussion of Developmental Disabilities
Technical Assistance Agreement
Agenda Item 19: Appointing Delegate to Legislative Conference
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Agenda Item 20: Consideration of General Work Session
with Planning Department
Agenda Item 21: Traffic Control Issue
Agenda Item 7A: A ointment of Count Mana er
Commissioner Gustaveson moved, seconded by Commissioner 4illhoit, to
reappoint Mr. 5. M. Gattis to serve as County Manager at the pleasure of the
Board. Vote: ayes, 5; noes, 0. .
Agenda Item 7B : A ointment of Finance Director -.. ~ _ _ - ~ _ _`_ .: °-
Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to ,
reappoint Mr. Neal Evans to serve as Finance Director at the pleasure of
the Board. Vote: ayes, 5; noes, 0.
Agenda Item 7C: Appointment of Clerk to the Board ~ ~.
Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to
reappoint Ms. Mary Lou Bouley to serve as Clerk to the Board of County
Commissioners at the pleasure of the Board. Vote: ayes, 5; noes, 0.
Agenda Item 8: A ointment of County Attorney '
Commissioner Whitted said the Board needed to appoint the County .
Attorney as well as reach an agreement for compensation for the County ~'
Attorney's services. Commissioner Whitted said the original agreement
with the County Attorneys took place in 1974. At that time the county
agreed to pay the County Attorney a retainer of $9,500 and the County
Attorney was to bill for services rendered. Commissioner Whitted said
the County Attorney was paid a $9,500 retainer in 1975, but the county
has not received a billing far a retainer or paid a $9,500 retainer since
1975.
Mr. A. B. Coleman, Jr. was in the audience representing the firm
of Coleman, Bernholz and Dickerson. Mr. Coleman told the Board the firm
of Coleman, Bernholz and Dickerson was appointed to represent the county _
in 1974. At that time the county agreed to pay a $9,500 'retainer in mid-
1975 and the law firm was to submit additional billings for services rendered.
Mr. Coleman said the retainer was to cover the County Attorney's time
attending all public meetings and hearings set by the Board and prohibited
the firm representing any agency or individual in dispute with the county.
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Additional billings included all work performed outside of hearings and
meetings. Mr. Coleman recalled receiving a $9,500 retainer in duly or
August of 1975, but he did not realize until recently the county had not
paid a retainer for 1976 and 1977. Mr. Coleman brought the error to
the attention'of the county Finance Director, who was under the impression
the law firm was working against the retainer since it had not billed the
county for same. The firm has billed for all services rendered the county
from December, 1974 until present date. Mr. Coleman said no written agreement
exists between the law firm and the county. He said~the.~agreement--was
reflected in the minutes but not in its entirety.
Mr. Coleman presented the Board anew contract authorizing a
$20,000 retainer. He explained the l,aw firm would not be billing for
routine matters. The retainer would cover: 1) Attendance at all public
hearings and meetings, 2) Advice to the Board and county employees about
routine matters, 3) Attendance at any other board or council meeting requested
by the Commissioners, and 4) The firm's foregoing representation of any
organization, agency or individual involved in disputes with any county
board, employee or agency.
Mr. Coleman requested a new contract be in writing with a clearer
understanding of routine legal matters and billings for services.
Commissioner Walker questioned the differences in the three contracts
presented to the Board and the differences in hourly rates - $50 - $100 for
the county, $50 for social services and $40 for IV-p.
Mr. Coleman explained county litigation is different from social
services and IV-0 litigation. He said social services litigation is
primarily of a domestic nature. Th is work is currently performed by an
associate, Douglas Hargrave, and an assistant who has graduated from law
school but is not yet an attorney. Cases are tried at the district court
level and the department of social services provides most of the inves-
tigation and most of the testimony. There is little legal research.
He said IV-D is practically the same as social services. IV-0 cases are
also tried in district court. He said the $40 hourly rate. is the original
rate set at the firm's appointment.
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Mr. Coleman said the county cases are tried on different levels, such
as Superior Court, Court of Appeals, Supreme Court, ar before boards and
commissions such as State Board of Elections or Tax Commission. Unique
problems and questions arise, mare energy and intellect is required and
usually mare money is involved. He said the $lOD figure is for in-court
time only and the $50 rate still applies to research and preparation.
Commissioner Walker asked whether the rates were negotiable.
Mr. Coleman said the firm's request was in the form of a proposal for
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Board consideration and he felt the prices were fair. ~~~
Mr. Coleman said the law firm that represents the Town of
Chapel Hill is paid a $30,000 retainer. In addition to the retainer,
the firm receives $10,000 in lieu of expenses. In addition to that, the
Town pays the salary of an attorney of that firm in the range of $20,000
to $25,000 and the firm bills for all litigation and preparation.
Commissioner Walker said correspondence he had received indicated
the top rate of North Carolina attorneys involved in this type of work
to 6e $35 an hour.
Commissioner lJillhoit said he would like time to consider alternatives.
He said he would like to appoint the firm of Coleman, Bernholz and Dickerson
to be County Attorney and to continue the present $9,500 retainer agreement
until the end of the budget year. He felt this would give the Board time to
explore other alternatives.
Mr. Coleman said his firm would not represent a client that did not
have confidence in the firm and he did not want the Commissioners to appoint
his firm just for traditional purposes. He said he would feel "hard put"
to represent the county not knowing when or how much he would be paid.
Commissioner Walker said the purpose oT this discussion was to try to
clear up uncertainties and prevent problems in the future.
Mr. Bernholz said the Beaufort County Attorney charges minimum of
$50 an hour. He said Mecklenburg Gounty has a full time staff which exceeds
$100,000 a year. He Said his firm's hourly rates conformed to other hourly
rates across the state for public and private employment.
Commissioner Gustaveson said he had confidence in the firm and
believed them to very capable. He felt rates were in line and felt the
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county had been represented well b.y the County Attorney. He also said
he would like to see the County Attorney continue to serve the county.
Commissioner Willhoit said he had confidence in the firm and felt
the firm had represented the county well. He said he would like to explore
the possibilities of hiring a staff attorney. using a firm's services for
law suits and in-court work. He said there was a problem in appointing the
County Attorney in December when the budget was prepared in July. He felt
if everyone realized a verbal contract existed and a retainer was due, the
county should pay what is dug., He said_he would Tike to have anew contract
begin in July and continue the present contract until then if it is satisfactory
with the firm.
Mr. Bernholz said the attorney's contract was no different from other
employees who serve at the pleasure of the Board. He said if his firm
was re-appointed today, we would continue to serve at ,your pleasure under
whatever terms were agreed upon. He suggested airing any questions the
Commissioners might have at this time to improve the attorney-client
relationship.
Gommissioner Barnes said the other persons serving at the pleasure
of the Board did not request an increase. She said the law firm was
requesting almost double the rate.
Commissioner Gustaveson said the increase could easily be handled
by a budget amendment but a policy decision would be required on changing
the arrangement with the attorneys. He felt it important to have
continuity in the IV-D contract. He said the county would loose money if
the contract with social services were not signed.
Gommissioner Walker said he had requested the delay in signing the
contract for social services pending receiving information from the Finance
Director. He said that information had now been received.
Mr. Bernholz said the increased amount in the proposed contract
covered three changes:
1) Firm would be available for all meetings, such as Planning
Board, Health Board, County Commissioners, or any other agency or subdivision.
He requested notification of non-scheduled meetings if the attorneys were
to attend.
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2) Firm will not 6111 for routine services, such as phone conferences,
writing brief documents (15 to 30 minutes) as we are doing now. These services
will be furnished as part of the increased retainer.
3) Firm believes increased hourly charge for litigation from $50
to $100 an hour in court to be fair.
Commissioner Walker asked whether $100 an hour would cover one or
more attorneys. Mr. Coleman said the $100 was a flat rate no matter how many
attorneys attended.
_ Commissioner Wi.llhoi.t said the decision of whether the County
Attorney attended all meetings was a policy decision. Ne said the county
needed to have a more formal process for utilizing legal services. He
felt the $20,000 figure was in the same price range as hiring a staff
attorney to check leases and maintenance agreements or subdivision
ordinance, etc.
Commissioner Whined said up tv this point we have discussed
1) Continuing the present arrangement until the end of the fiscal year,
2) Exploring our options and making a counter proposal or making other
arrangements for a county attorney, and 3) Adopting the proposal submitted
by the attorneys and making amendments to it. Commissioner l~lhitted said
the Board could appoint the County Attorney now, review compensation
during the year and adopt a compensation agreement at budget session.
Mr. Coleman said he would 6e glad to talk about employing a
staff attorney for the county, with his firm supervising the work, but he
felt the hiring of a staff attorney plus a library and support services
would end up costing the county more in the long run. Commissioner Wi1lhoit
said he would like to check the relative costs.
Commissioner Willhoit moved, seconded Icy Commissioner Barnes, to
appoint the firm of Coleman, Bernholz and Dickerson to represent the
county on legal matters at the current $9,500 a year retainer and $50
an hour billing arrangement for general legal work. The retainers for 1976
and 1977 are .to be paid. The County Attorney will attend Board meetings.
The Board will sign the social services contract and the IV-D contract
as submitted. Vote: ayes, Commissioners Barnes, Willhoit, Walker and Whitted;
noes, Commissioner Gustaveson.
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Commissioner Whitted said it is implicit in the motion that the
attorney's compensation agreement will be reviewed before adopting the
next budget for the county. He said it is also implicit that Commissioner
Walker will be included in any and all discussions concerning the County
Attorney.
Commissioner Barnes asked whether the overbilling in social services
and IV-D had been credited. Mr. Coleman said that it had. She also
asked whether the attorneys would credit the county with attorney fees
awarded by the court: Mr. Coleman said that they would. - -
The Finance Director explained to the Board the reason there were
two contracts, one for social services and one for IV-D, was to meet
state requirements so the county could be reimbursed.
Commissioner lJhitted said he recalled the agreement with the
County Attorneys to be as follows: The firm was appointed by the Board at the
first Monday meeting in December, 1974. The firm agreed to represent the
county for the balance of the budgeted retainer that year - $2,500. In
the 1975 budget session the Board agreed to pay the attorneys a $9,500 retainer.
The firm was paid a $9,50D retainer in 1975.' In 1976, the Board reappointed
the law firm with the current arrangement unless something occurred to
change that arrangement.
Commissioner Walker said he recalled Mr. Gledhill telling the
Board he did not bill for a retainer - he billed only for services
rendered.
Commissioner Willhoit said nothing has happened to change the
arrangement that was made in 1975.
Commissioner Barnes said if the Board entered into an agreement,
it should be honored.
Commissioner Gustaveson said the Board committed itself to a
retainer agreement which has not changed. He said the Board asked the
attorneys be present at all Board meetings, which is why the retainer
went up. He felt the county was getting a good deal.
Commissioner Barnes asked when the retainer fee was paid in 1975.
The Finance Director said the $9,500 was paid on August 4, 1975 at the personal
request of Mr. Bernholz. It was not in bill form. He said he had not been •
able to find the $9,500 mentioned in the budget documents in 1975.
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Commissioner Whitted said he recalled the line item budget for
attorneys was compiled - $9,500 retainer plus an estimate for bills to
be submitted in a 12 month period.
Mr. Coleman said the previous County Attorney received a $5,000
a year retainer - $2,500 semi-annually. The previous County Attorney did
not attend meetings. In 1974, his firm agreed to attend all meetings and
the Board agreed to increase the retainer for this reason. The law firm
was to bill the caunty for services rendered other than meetings at the .
rate of $40 an hour in and out of court. -----'-`
The Finance Director said he agreed with what Mr. Coleman had said,
but he thought the retainer was to be drawn against.
Commissioner Walker asked whether the county could be reimbursed for
any charges over $50. Mr. Coleman said to his knowledge the overbilling
that occurred in social services had been credited and he was nat aware of
any other billings over $50.
Commissioner Walker requested the Finance Officer submit monthly
reports as bills are paid. He requested copies of bills of social
services, IV-D and the county.
The County Manager said the Finance Officer would submit monthly
bills at the end of the month and the Board could review and then request
additional itemization or breakdown if desired.
Commissioner Whitted asked Mr. Coleman to submit billings for
the retainer for 1976, 1977 and 1978 and to draw up a memorandum of
understanding of the agreement the attorneys have with the Board.
The Finance Officer asked who had the authority to request legal
services. Commissioner Gustaveson replied the County Manager had the
authority to give a department permission to request for legal services.
A consensus of the Board would also give authority to request far legal
services.
Commissioner Whitted said some arrangement needed to be made
between the County Manager and various departments as to what type
routine calls need to be made.
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Mr. Bernholz said his firm needed to know the procedure about
whether to proceed with routine matters beforehand. He said they also needed to
know whether to proceed with litigation when notified pr whether to go
through some sort of procedure.
Com~ni•ssioner Whitted said the County Manager can authorize requests
for legal services. The County Manager said the staff would work out
a procedure at the staff meeting and report back to the Board.
Commissioner Whitted recognized the Honorable Patricia Hunt,
who .h ad been present in the~~audience all morning. - _ _ .
Agenda Item 9: Presentation of Dispute Settlement Center
Mrs. Charlotte Adams, of the Dispute Settlement Center, read the
Board a copy of a letter addressed to them. For copy of said letter,
see page 814 of this book.
Commissioner Gustaveson asked what type of cases were heard before
the Dispute Settlement Center. Mrs. Adams said primarily family disputes
and various kinds of neighborhood disputes. She said the Dispute Settlement
Center was working through the District Attorney's office but would take
cases off the street.
Commissioner Gustaveson asked whether the Dispute Settlement Center
had plans to come to Hillsborough. Mrs. Adams said the center would have
to be provided with an office here and they would be glad to come.
Commissioner Gustaveson moved, seconded by Commissioner Willhoit,
to endorse the Dispute Settlemtn Center, including the use of the Board's
name on letterhead. Vote: ayes, 5; noes, 0.
Commissioner Barnes requested a progress report be submitted to
the Board.
Agenda Item 103: Appointments to Wursing Home Advisory Committee
Commissioner Whitted said the Board was required by law to accept
nominations for two of the five positions from the nursing homes and the
Board is to nominate three additional persons for a total committee of
five.
Commissioner Gustaveson requested the name of Mrs. Grace Richardson
be added to the list of nominees and that she be mailed a resume form.
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Chairman Whitted recognized Representative Patricia Hunt.
Mrs. Hunt said the advisory committee is set up primarily to advise the
public. Their primary function is to inspect nursing homes. Under the
law there is no provision for the committee to report to the Commissioners.
She said the Commissioners could certainly request information and appoint
persons who would be willing to supply information.
Commissioner Whitted recognized Mr. Richard Shram, Project
Coordinator of Friends of Nursing Home Patients. He said his organization
..,_.-._ ~_--_- - -- r -- - -- -- - - .....
had been running a nursing home aJvisn-ry project. He said he would like =
the two organizations to dovetail their efforts. He offered his services
to the committee and suggested Friends of Nursing Home Patients could
supplement routine visits made by the committee.
Commissioner Whitted requested resumes be sought for all
nominees and this item be placed on the December 19th agenda.
The Board recessed for lunch at this time.
Agenda Item 10A: Appointments to Council on Aging
Commissioner Willhoit requested Alice McAdoo's name be added to
the list of nominees. She is a representative from the Efland-Cheeks area,
which this council needs. The Board requested Mrs. McAdoo submit a resume.
Commissioner Gustaveson, seconded by Commissioner Willhoit, moved
to appoint Van Kenyon to serve on the Council on Aging. Vote: ayes, 5;
noes, 0.
Agenda Item lOC: Review of County Commissioner's Committee
Appointments
Commissioner Willhoit said he has been appointed to serve on the
Health Board, JOCCA Board and the Council on Aging. He said he. would like .
to be replaced on his Council on Aging appointr~nt. Commissioner Barnes
said she would like to serve on the Council on Aging.
Commissioner Whitted said Jan Pinney served on the Area Mental
Health Board, Youth Services Needs Task Force, Board of Social Services
and LEAH Triangle J Board. Commissioner Barnes asked whether it was
necessary to have two commissioners appointed to the Area Mental Health
Board. Commissioner Whitted said someone, if not a commissioner, needed
to be appointed. He said Mr. Pinney indicated he would accept this
appointment.
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Commissioner Whitted said he has been appointed to serve on the
Area Mental Health Board, Triangle J, CETA and Section 8. He said he would
like to be replaced on his CETA appointment.
Commissioner Gustaveson said he has been appointed to serve on Health
Systems Agency, Emergency Medical Service, Alternate Delegate to Triangle J,
Triangle JK EMS, Section 8 and NACo.
Commissioner Walker said he has been appointed to serve on
Recreation Advisory Board, Audit Committee and he is Fire Commissioner.
Commissioner !Jhitted said the major boards on which Mr. Pinney
served were Social Services, Area Mental Health, Youth Services Needs Task
Force and LEAA. He said the staff should check to see whether commissioners
still serve on LEAA.
Commissioner Gustaveson, seconded by Commissioner Walker, moved to
appoint Anne Barnes to serve on CETA, Social Services Board and Council
on Aging. Vote: ayes, 5; noes, 0.
Commissioner Gustaveson moved, seconded by Commissioner Walker, to
re-appoint Jan Pinney to the Area Mental Health Board as a consumer representative.
Vote: ayes, 5; noes, 0.
Commissioner Whitted said appointments to Youth Services Needs
Task Force and LEAA would be deferred until the third Tuesday meeting.
Agenda Item 14A: Preliminar Plan 5t. Mar 's Woods Subdivision
'The Planning Director said the Planning Board unanimously recommended
preliminary approval of this subdivision with the provision that the flood
plain delineation be adjusted on the final plat to match the actual slope.
He said the subdivision is located along state road 1002 (St. Mary's Road)
in Eno Township and has proposed 59 lots on a tract of 100.24 acres. The
subdivision will have state-maintained roads with houses served by individual
wells and septic tanks. He said there are no environmentally sensitive
areas or historic sites.
Commissioner Willhoit requested the Board members be provided
with copies of plats to study before each meeting. He said same
consideration needed to be given to prevent duplication of road names.
Commissioner Walker moved, seconded by Commissioner rustaveson, to
adopt the Planning Board's recommendation to approve the preliminary plat
of St. Mary's !foods subdivision with the provision that the flood plain
delineation be adjusted on the final plat to match the actual slope.
Vote: eves, 5; noes, 0.
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Commissioner Gustaveson said final approval is conditional
upon flood plain delineation and any redesign required in the final
delineation so that suitable lots are designed. Lots not suitable for
building should be indicated.
Commissioner Barnes asked who makes decisions an flood plain
development and what are the guidelines for making such decisions.
The Planning Director said lands covered by subdivision ordinance
require planning staff approval. There is no control over lands not covered
_-.. _
- - - - -
- in the subdivision ordinance: - -- --.-. __. ._-_-'" --
The County Attorney said two controls are the Health Department's
approval of building sites and county-wide erosion control.
The County Manager said the Corps or Engineers is conducting a
flood plain mapping project in connection with the Federal Flood Plain
Program. He said flood plain plan would probably be brought before the
Board of Commissioners this spring for approval.
,4genda Item 146: Preliminary Plan-Clyde H. Bowden, Phase II
Th e Planning Director said this is a major subdivision located
along state road 1946 (Bowden Road) in Chapel Hill Township. He said
there are 8 lots proposed in Phase II. He said preliminary approval was
granted on March 7, 1977 and expired March 7, 1978. Phase II wi11 have
public roads, individual wells, septic tanks on a total of 16.58 acres.
Surrounding land use is primarily agricultural.
Commissioner Gustaveson asked whether the mobile home park would
have to be rezoned before Phase III.
Mr. Eddie Kirk of the planning staff said the mobile home park was
now zoned mobile home park and would have to be rezoned residential.
Mr. Bowden said he was planning for Phase III some time next -year.
Commissioner Walker moved, seconded by Commissioner !Jhitted,
to approve the Planning Board's recommendation to approve preliminary
plat of Phase II of the Clyde H. Bowden property.
Commissioner Willhoit said he was not ready to act at this
time and moved, seconded by Commissioner Gustaveson, to table any action.
Vote: ayes, Commissioners Willhoit, Gustaveson, Barnes and ~rlhitted;
noes, Commissioner Walker.
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Commissioner Willhoit said he would like to look at the plat and its
location in relation to University Lake watershed and the slopes of the
lots. He suggested the Board take action on this item on December 19th,
at Northside Multipurpose Center in Chapel Hill.
The Planning Director said the county needed to conduct a hydrology
water management study to study erosion and water pollution in municipal
watersheds in relation to land use planning.
Agenda Item 13: Pro ress Revort on Communit Develo ment
Project in Northern Fairview
The Planning Director said the full application submitted to HUD
on September 15, 1978 had been conditionally approved on November 1, 1978
upon completion of an environmental review. He said the environmental
review was completed on November 8th. The total maximum grant is $500,000.
Mr. John McAdams of the engineering firm of Rose, Pridgen & Freemon,
said his firm became involved with construction design of the facilities for
the Fairview water and sewer project at the initial grant application stage
and had prepared cost estimates and helped the planning department prepare
applications. He said his firm was about ape tveek away from completing
the plans and specifications for construction and planned to hand deliver
the plans and specifications to HUD in freensboro the first of next week.
After HUD's review and concurrence, we plan tv advertise far bids on
December 15th. Bids should be received by January 17th and presented
for Board consideration on January 22nd. He said the total project
budget was $499,870.
Commissioner Whitted asked whether the plans included using community
development funds to run a forced main line across Highway 70 and down
Old Rock Road. Mr. McAdams said they did. Commissioner lJhitted asked
whether these lines would run parallel to the lines the Town of Hillsborough
would install.
Mr. McAdams explained the line would be a forced main line and
would cost about one_fourth to one-third less than a gravity line.
Commissioner Whitted said the Town of Hillsborough has to construct
a network of sewer lines. He thought the county should be able to tie into
these lines without having to run a forced main line form Edwards to Corbin
Street.
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Mr. McAdams explained trying to tie into those lines would necessitate
refirbishing an existing pump station at a cost of $8,000 to $10,000. He
said there is some water service in the Northern Fairview area and the
plan is to complete the 6" and 2" lines network and install fire hydrants.
He said the proposal included bringing water and sewer to houses with
existing plumbing at no cost to the occupant. He said competitive bids
would be necessary to keep the project within its budget. He said the
task forces had designated sewers as the first priority, 6" water lines .. '
_. _.
next. and 2" lines and fire hydrants as lower priorities. He said the
residents have been involved in two public hearings and we have explained
to them the priorities and plans. l+Ie have also explained to them about
sewer easements and we will follow the HUD guidelines to reimburse individuals
for these easements.
'The planning Director introduced Ms. Diane Woolly, Community
Development Coordinator. Ms. Woolly said they hoped to start construction
on March 5th. She said they would like to have a formal ribbon cutting
ceremony inviting the Commissioners, task forces and community members.
She said FHA seemed to have the best financial package for homes with no
plumbing. She said #502 is a home ownership program that will loan up
to 100% at an interest rate of 8 3/4 percent down to 1 percent depending
upon the family's income. Loan #50~ is a home repair loan and grant
for a maximum of $5,000 at an interest rate of 1 percent. Persons over
age 6Z with certain income criteria are eligible for the maximum grant
of $5,000. She said there was no financial assistant at this point for
renters. Ms. Woolly said the landlords would be contacted but FHA had no
mechanism to deal with landlords. She said there was some provision
under HUD for landlords that would be presented at a later stage.
Commissioner Willhoit asked how many tenant-occupied homes had
failing septic systems and contaminated wells. Ms. Woolly said JOCCA
.surveyed one-half of the residents and one-half of those surveyed were
renters without indoor plumbing facilities. She said she hoped the survey
would be completed sometime between now and the end of January.
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Commissioner Willhoit asked what JOCCA was doing to aid the project.
Nls. Woolly said JOCCA conducted the original survey of about one-half of
the residents. She said JOCCA also had staff willing to give technical
assistance and complete two FHA loans a day. She said they would go
to the homes and walk the residents through each phase.
Agenda Ttem 12: Status Report on Erosi6n Control at
Stagecoach Run Sub ivision
The Erosion Control Officer reported Mr. Davis, owner of this
subdivision, had not completed .the di,.tches. at this,ti:me. He thought.
Mr. Davis was not able to complete the necessary work because of bad
weather. He said the Board may want to defer action until the next
meeting. Commissioner Whitted asked this item be placed on the agenda
for January 2nd.
Agenda Item 11A: Resolution Authorizin~c.Charman to
Execute Mu~man Services_ Tra_nspo_rtation Study
Contract
Commissioner Gustaveson moved, seconded by Commissioner Willhoit,
to adopt a resolution authorizing the Chairman to execute a Contract far
Human Services Transportation Study. Vote: ayes, 5; noes, 0.
For copy of said resolution see page 816 of this book.
Agenda Item 116: Gr_a_nt_.for Orange _County Shelter Home
The Finance Director said this grant is a nine month grant covering
the period October 1 through June 30. He said the last grant was a 21 month
grant received October 1 last year. LEAH found out the grant had to be
coincidental with the fiscal year. He said this is the final year of the
grant.
Commissioner Gustaveson said he would like to have a full report
on the first year's operation to find oui: whether it has met goals and
expectations.
Commissioner Gustaveson moved, seconded by Commissioner Willhoit,
to authorize Board acceptance of a grant of $40,599 far the Orange County
Shelter Home from North Carolina Department of Crime Control and Public
Safety. Vote: ayes, 5; noes, 0.
Agenda Ttem 11C: Budget Amendments
Commissioner Willhoit moved, seconded by Commissioner Gustaveson,
to adopt a budget amendment as submitted by the Finance pirector in the
memorandum dated November 30, 1978. Vote: ayes, 5; noes, D.
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For copy of this memorandum, see page 817 of the minute book.
Commissioner Barnes questioned the item entitled Recreation-Municipal
Support and whether it was a categorical gift or not. The Finance Director.
said the original intention was to provide better use of the public schools
in Chapel Hill area for recreation. We have broadened it to include personnel
to substitute for school personnel and things like this.
Commissioner Gustaveson said the intent of the funding was to provide
more recreation space in Carrboro and Chapel Hill and, if there is no longer
a need for more space, we need to reconsider this item.. _ _ _ ,_•
Agenda Item 15A: Recommendations of Recreation Advisory Committee
Item item to be considered at the January 22nd meeting.
Agenda Item 15B: Consideration of Subdivision Ordinance
Amendments
This item tentatively scheduled for consideration at the
January 16th meeting.
Agenda Item 15C: Report on Section 8,Housinq Program
This item to be heard at December 19th meeting of the Board.
County Manager is to contact Mary Dobelstein, Al Stevens and Ted Parrish
regarding this meeting.
Commissioner Willhoit said he would like to consider the following
items: 1) Planning work program and other pending items at January 2nd meeting.
2) Meeting with Chapel Hill Aldermen concerning extraterritorial jurisdiction
on December 13th or 20th. 3) Meeting with Chapel Hill Aldermen concerning
OCPC. 4) Joint meeting with Town Board of Mebane on land. use plan. He
asked to be provided a copy of their land use map and ordinance.
5) Meeting with Orange County School Board to discuss their direction.
Commissioner Whitted asked the Clerk to contact OWASA about a
date for a joint meeting with the Commissioners.
Agenda Item 17: Legislative Act Allowing Local Tax on
Liquor by the Drink ~~
Commissioner Whitted said Mecklenburg County responded to our
letter about privilege fees for restaurants and other facilities with liquor
by the drink licenses from the state by saying there were considering
$11
separate and apart from attaching something to the liquor 6,y the drink bill.
He said they were considering a pouring fee under the section that deals
with privilege licenses at approximately one-half of the state fee. He
said that it was not clear in their letter whether they are in the process
of introducing something in the General Assembly.
The County Attorney suggested one possibility of collecting more
revenue would be to permit counties to collect privilege licenses for
restaurants - especially those that serve liquor ;6y the drink. He said
privilege license statutes-are set.up~.on:a per.table.basis and at the present
time only towns can collect these privilege license fees for restaurants,
hotels, etc.
The County Manager said he thought Mecklenburg County would introduce
a bill on a local basis for Mecklenburg County.
Commissioner Gustaveson suggested the possibility of discussing
the matter with Mecklenburg's County Manager at the Legislative Conference
in Winston-Salem.
Agenda Item 18: Develo mental bisabilities Technical
Assistance Agreement
Commissioner Willhoit said he would like to look at the developmental
disabilities package and have a needs assessment prepared before spring.
Agenda Item 19: A Dint a Votin pale ate to Le islative
Conference
Commissioner Whitted appointed Vice Chairman Gustaveson to be the
voting delegate at the Legislative Conference.
Commissioner Barnes, seconded by Commissioner Whitted, moved the
Board endorse resolutions prepared b.y Commissioner Willhoit to be introduced
at the Legislative Conference on tax reform or tax rebate and on the use of
surplus funds, an a one-time basis, to fund capital improvements. Vote:
ayes, 5; noes, 0.
Commissioner Whitted proposed asking the General Assembly to move
ahead with tax reform, but he felt after talking with members of the
General Assembly that it would not be received very well.
B12
9
Agenda Item 20: Traffic Control Issue
Commissioner Gustaveson moved, seconded by Commissioner Walker,
the State be requested to review the possibility of lowering the soeed limit
on Highway 70 between Colfax and Mountain View Subdivision. He also moved
the State be requested to conduct a traffic study to determine whether
a traffic light should be erected at the intersection of Highway 7D and
St. Mary's Road. Vote: ayes, 5; noes,0.
Commissioner Whitted asked the Clerk write a letter to the Department
of Transportation about the Board's wishes. ~-_ - _._ "._
The Planning Director requested the Board endorse the concept of a -
one-day conference in January to educate the public on land use planning.
Commissioner Gustaveson said he hoped that the people from Carrboro,
Chapel Hill, Mebane and Hillsborough planning boards could all be participants.
Commissioner Willhoit asked whether a special effort would be
made to include the township advisory councils. The Planning Director said all
members who went to the growth options conference would be included.
Commissioner !dillhoit moved, seconded by Commissioner Barnes, to
endorse the concept of a one-day educational conference to educate public on la,...
use planning. Vote: ayes, 5; noes, 0. '
Agenda Item 16: Executive Session
Commissioner Gustaveson moved, seconded by Commissioner Willhoit,
to begin executive session. Vote: ayes, 5; noes, 0.
The Board heard discussion on matters of certain litigation.
There being no further. business to came before the Board, he
meeting adjourned. ~ %'
%' ~~t- -
.% ` ,--
Ri chard l+lhri tted, Chairman .
Mary Lou Bouley, Clerk
813
ORANGE COUNTY BOARD OF COMMISSIONERS
PIILLBBOROt.TGT~. NORM CAROLINA
RESOLUTION Ok' COMMENDATION
y
pox
Jtt~c ~n~:e~
~~sre~~, Jan Pinney was nominated by the voters of Orange County to the Orange County
Board of Commissioners in the Democratic Primary of May, 1974, and
~~P.rP.2I,5, Jan Pinney was elected by the voters of Orange County to the Orange County
Baard of Camrnissioners in the General Election of November, 1974, and
~yl~Ec'I~r~ Jan Pinney has since taking office as a Commissioner of Orange County served
all the citizens of Orange County with great distinction, not Daly as a member of this Board
but also as a member of the County Board of Social Sexvices and the Area Mental Health
Board. -
~~~~ ~~ ~t ~~, that the Orange County Boatd of Commissioners acting through
its members, Norman Gustaveson, Narman Walker, Richard Whitted and Don Willhoit takes
this means of expressing to Jan Pinney its sincere appreciation for his diligent work and able
leadership in helping f nd a way toward better government in Orange County and to wish for
him and his family every happiness in the yeazs ahead.
Let a copy of this resolution be presented to the said Jan Pinney, a copy sent to the press, and
let it be spread upon the minutes of the Orange County Boazd of Commissioners, this the
fourth day of December, 1978.
~~~ OARD HAIRMAN
- ~ ~`~ ,~ ~ BOAgG MEMBER
60ARD MEMBER
CL K TC THE BOARG
w
t
n~
~~ - X14
TO THE OFtldv sE COiJi`TY BpA=}tD pr CpI~II~5SZ0~ER8
Two years ago two members of the local branch of the
Women's International. ~,aague for Peace and Frpedam came before
you to ask your endorsement of a project vrhich has grown from
our years of monitoring the ].oval district court - a center for
settling neighborhood disputes. At that time you endorsed the
proposal and placed us in the hands of your legal counsel to
c1ar3.fy and determine the legality and feasibility of such a
center. The proposal was presented also to the Boards of .. _
Aldermen of Chapel Hill and Carrboxo, who also placed us in~the
hands of their legal counsel., and as a resu],t of this action,
the attorneys of Orange County, Chapel Hill and Carrboxo met -
together. They agreed that there should be some mechanise to
resolve minor disputes other than Cximinal Dfstr3.ct Court or
Small Claim Givil Court and that minor civil disputes that can.~ot
be reso7,vad in such courts be directed to such a center«
The attorneys of the three boards adv-',,sed that the pra»
posal be placed in the hands of the Orange County Bar ~.ssociation.
The Ear Association in turn recommended that Gretchen Dunn and
Richard Taylor advise us on setting up a Center. Gretchen Dunn
has been too invo],ved with her own cases to be active as counsel but
Diek Tayloe has served us well.. Through his efforts as head of
Legal 5exvices for Orange -Chathan Count~.es we are now invorpor»
aced as a tax~frec organization. He has also agreed to serve
on the board of directors of the Center as well as servo as counsel.
Training was of course requixed and the search for trainers
for mediation was circuitous. It eras finally suggested that we
t
get in touch with the Community Relations Service of the U.S.
Department of Justice. This we did and as a result received
training from BQrs. Marjorie Curet of that Department. Mrs,
Curet was pleased with the assortment of •~oluntears who had
agreed to take the training - people with a range in aged black,
white~.male and female, fifteen in a11. She has now pronounced
us trained and ready to take cases.
315 2. Board of Commissioners
f~ _• /y.i
~7e have bean trained to mediate family disputes, property
damages, trespassing, disorderly conduct, wife abuse, various
kinds of neighborhaod disputes. ale have roceived some cases
from the campus legal services and some from the magistrate's
office. tiye are warking through the District Attorney's office
.. but site are willing to take cases from the street. ~Ye do nat
~rlsh to be a wing of the court, Y~ie are made up of volunteers
only and our effort i~ toward mediation and conciliation -~ not
arbitration as was considered in the beginning. we shall leave
all arbitration to the courts. Both the one who brings charges
and the defendant must agrea to go through mediation in order
to have the case heard. If the case is not resolved, the parties
will be told they may file a complaint through the court system.
It has been proposed that this pilot program of the stata
,will request funding from private foundations and businesses.
xn order to make our request for funding we axe asking that the
governing bodies of Orange County sponsor us by allowing their
names to be on the stationery of the Disputa Settlement Center
as sponsors. tide sha11 ask for sponsorship of the Bar Assoeiation~.
the Interchurch Council, the duniox Chamber of Commerce, and
such widely known organizations. Our first request is to the
Board of Commissioners of Orange County.
Signadr
GGQ~x.ur.L
Charlotte G. Adams
Board chair,
Disputa Settlement Ceater
816
AGENDA ATTACHh1ENT I
RESOLUTION
WHEREAS, the Orange County board of Commissioners has requested the
North Carolina Department of Transportation to provide eighty-two
percent (82%) of the cost of the following public-transportation-_ =-_.;-. __. :-.,
project:
Orange County Human Services Transportation Studies at an estimated
cost of $16,500, of which the non-State cost amounts to eighteen percent
(18%); and,
4;HEREAS, Orange County desires to provide the non-State cost of the above
described public transportation praject;
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Chairman of the Orange
County Board of Commissioners be and is hereby authorized and empowered
to enter into a contract with the Department of Transparation as may be
necessary to effectuate the aforesaid expressed purpose, thereby binding
the said Orange County to the fulfillment of its obligations incurred under
said contract and this resolution.
AGENDA ATTAG,HMENT II
November 30, 197x17
tr~mo To: Orange County 8oard.of Commissioners
From: Neal Evans, F~i Hance Director
Subject: Proposed Budget Amendments
The attached budget amendment includes:
1. The formal appropriation of the Grant to the Commission on Dfomen from
the N. C. Humanities Committee for women's health program and an accompanying•
donation.
2. Changes identified or omitted 'in the recently completed audit.
a) Commission on Women Equipment and Energy Personnel (Professional
Services) were items purchased ar contracted in the prior year but
not picked uo ire the year end financial statement as obligations of
she County.
b) The Municipal Support addition and the entire School Capital Project
Budget were intended to be budgeted from funds remaining unspent on
June 30, 1978.
c) The Special P.evenue of $21,576 budgeted in the 1978-79 Budget was
accrued by the auditors as a 7977-78.revenue and was probably a
one-time benefit not to be received again.'
The Fund Balance is the proposed source for these items since:; had they
been handled correctly prior to July 1, 1978, the unappropriated Fund Balance would
already have been reduced.
3. Increase in funds for Medicaid as required by State Legislation. This eras
discussed in the meeting of October 2, 1978, and a change was made in the State
Budget, but no local amendment was made pending abetter look at what the impact
would be. It is now very clear that Orange's costs will be increased and the
Contingency Fund is reconm:ended as a source.
4. The Recreation Director's request that the Special Populations Program
be identified separately in the budget. These were funds originally requested,
not recommended in the Manager's Budget, restored by the Commissioners, and con
solidated with other funds by the Finance Office in preparing the budget. This is
a clerical change and no new funds are required.
5. Remaining items previously approved but not clearly shown in the minutes
as either appropriated or identified with a source of funding:
a) X1,400 approved for Hillsborough Industrial Water Project on
October 2, 1978.
b) Buildings & Grounds: $11,000 for Energy activity on November 21, 1978.
c) X1,744 for Libraries and X3,500 fur JOCCA approved on November 6, 1978.
- It is suggested that a) X1,400 corre from Fund Balance since it was
appropriated but unexpended in the prior year and that the other two come
from Contingency.
There gill be another budget amendment in the near future to budget the
CETA Funds and the Corrmunity Development Grant. The farmer is still ~vaiting for
classification from the State and the latter by the Feds.
as
i
AGENDA ATTACHMENT II
ORANGE COUNTY
PROPOSED
1978-79 BUDGET ORDINANCE
AMENDh1ENT
The 1978-79 Budget Ordinance of Orange County as adopted on dune 26, 1978, and sub-
sequently amended, is hereby amended as follows:
Change the appropriation for the following line items in the -Funds indicated:
INCREASE
FUND - ITEM (DECREASE) TO TOTAL
General:
Community ;maintenance
N. C. Wumanities Grant-Personnel 3,028 3,028
N. C. Humanities Grant~Operations 2,090 2,090
Council on Women-Equipment 179 179
General Administration
Energy-Personnel 1,279 1,279
Human Services
Social Services-if~edicaid-Operations 54,912 •165,000
Recreation-General-Personnel (12,014) 44,110 ~
Recreation-Special Populations-Personnel ll,lOZ 11,102
Pecreation-Special Populations-pperations 557 557
Recreation-Special Populations-Equipment 355 355
Recreation-Municipal Support 18,261 83,261
Libraries-Hyconeechee 1,744 60,744
~OCCA 3,500 24,50p
Public Works
Buildings & Grounds-Operations 3,256 149,341
Buildings & Grounds-Capital 7,744 31,744
Industrial lJater Project 1,400 1,400
Contingency ~ (43,156) 84,590
School Capital Projects:
Chapel Hill Schools 1,024,427 1,024,427 •
Orange County Schools 1,466,606 1,466,6p6
r
87,9
' AGENDA ATTACHMENT II
Change the revenues and fund balances estimated to be avaflable to meet the fore-
going appropriations in the funds indicated:
FU~lO - RESOURCE INCREASE
(pECREASE)
General
Humanities Grant
,
Donations 4,818
300
Federa] & State Aid to Social Services
SAA
Special Revenue 2$,000 _
(21,576)
Fund Balance
42,695
Sc~toc] L~pital Proje~,s_
Interest on Investments 7
033
Fund 8a]ance ,
2,484,OD0
Adopted this the ~f1" day of ~,,.,~_~~
TO-- TOTAL
4,818
3oa
98,200
0
2,042,695
7,033
2,484,000