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MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
DECEMBER 19, 1978
The Board of County Commissioners met in regular session on
Tuesday, December 19, 1978, at 7:30 p.m., in the Chapel Hill-Carrboro
Multipurpose Center, i n Chapel Hill, North Carolina.
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Members present: Commissioners Richard Whitted, Norman Gustaveson,
Don Willhait, Anne Barnes and Norman Walker.
Commissioner Whit ted opened the meeting by asking if any Board
member or person in th e audience wished to add additional items to the
agenda. The following items were added to the agenda:
Agenda Item 6: Clyde H. Bowden Subdivision
Agenda Item 5C: Appointment to Hyconeechee Library Board
Agenda Item 7: Items Relating to Intergovernmental Relations
Agenda Item 8: Discussion-Municipal 5uppart for Recreation
Agenda Item 9: Item on Rules and Procedures
Agenda Item 10: Request for Planning Services from
Town of Hillsborough
Agenda Ttem 11: Planning Technician
Agenda Item 12: Office Space for Resident Judge
Agenda Item 13: Executive Session
Agenda Item 2: public Hearing Concerning Proposed
Conve ante of a Portion of Plarthside
5c oo Pro erty tv C a el Hil Housin
• Aut ority
Commissioner Whitted said the purpose of .the public hearing was to
receive input from residents in the Northside area concerning the proposed
conveyance.
Mr. John McAdams, of Rvse, Pridgen and Freemon, told the audience the
Chapel Hill Housing Authority's proposed building was approximately
5,000 square feet ands was to be located on the southern most side of
the Northside School property on an area 120 feet by 300 to feet, with
a parking lot on the west side of the building. Caldwell Street Extension
is proposed to be extended to Mitchell Lane - where School Lane is no!v.
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Mr. Ted Parrish, Chairman of the Chapel Hill Housing Authority, said
the Authority offices are now in two buildings and he was very happy ab'aut
the proposed building.
Ms. Gotha Lassiter expressed concern that the Northside parking
facilities would be used by the Housing Authority.
Mr. McAdams said 14 parking spaces were provided the Housing Authority
but that would not accommodate all the cars at the proposed building at -~
all- times.
Commissioner Whitted said, hopefully, there will be additional spaces
at Northside as part of the Mental Health complex in the spring.
Mr. James Britton, a member of the audience, asked whether the road
behind the rock wall would be the entrance to Mitchell Lane.
Mr. McAdams said the proposed Caldwell Street Extension will eventually
extend to Mitchell Lane and will not connect McMasters and the parking lot.
There being no further discussion, Commissioner Whitted proposed
the Board consider questions raised and discussed and schedule action on _...
Northside School property at the January 2nd meeting.
Agenda Item 6: Clyde H. BrnNden Subdivision
The Planning Director said this is a major subdivision which the Planning
Board unanimously approved located along State Road 1946 in Chapel Hill
Township. Approval of Phase II consists of eight lots which recieved
preliminary approval on March 7, 1977 and which expired one ,year from
that date. The subdivision will have individual wells and septic tanks.
There are two intermittent streams an the property. The development is
two miles from University Lake and drains into Neville Creek, which feeds.
into University Lake. All eight lots are two acres or more and are exempt
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from detention pond requirements. Lot 5 contains a quarter acre pond.
Lots 6 through 9 and part of lot 5 drain into this pond. The pond
will serve as an effective settling pond for sediment during and after
construction. The planning staff has determined this subdivision will
have no major impact on University Lake. He said a management study is
needed to make rational decisions about methods used in developing watersheds.
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Commissioner Willhoit said approval in March of 1977 was prior to
the soil absorption act. He asked whether Mr. Bowden was required to
adhere to new zoning and subdivision ordinances before reapproval. He
asked whether the Health Department gave reapproval. He also questioned
when the mobile home park would be rezoned.
Mr. Polatty said Mr. Bowden did comply with subdivision and zoning
ordinance requirements.
Mr. Bowden said the Health Department reapproved his subdivision in
August or September of this year. He said the mobile home park consists of
11 mobile homes - approximately one for each half acre - and has not yet
been rezoned.
Commissioner Gustaveson moved, seconded by Commissioner Walker, to
adopt the Planning Board's recommendation to approve Mr. Clyde H. Bowden's
major subdivision. Vote: ayes, Commissioners Barnes, Gustaveson, Walker
and Whitted; noes, Commissioner Willhoit.
Commissioner Barnes said she would support this request because it
apparently met current regulations regarding subdividing, health and soil
erosion. She felt the methods for approaching development in watershed
areas and current criteria and guidelines inadequate to protect watershed
areas and a high priority item for coming months.
Mr. Polatty assured Commissioner Barnes this item Was on the planning
work program.
Agenda Item 3: Report on Section_8 Housing Authority ?rogram
Mrs. Mary Dobelstein, Manager of Section 8 Program, explained the purpose
of the program was to help provide sanitary and safe housing for low income
families. The program has been in operation in Orange Gounty since November
of 1976. Presently, there are funds to help 310 families; we are helping
224 families and there are 5p families looking for housing. The program
has spent $385,908 helping families pay rent and $24,720 helping families
pay utilities. The program pays all the rent and helps pay utilities for
approximately one-third of the families in the program and pays a nortion
of the rent and no utilities for the other two-thirds. The HUD formula
requires families to pay one-fourth of their income for rent. Recently,
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fair market rent was increased in Chapel Hi11 and Carrboro ~o that we
can allow $250 for a two bedroom unit including utilities. She said
they hoped to have 310 in leased units by pecember 31st but they would
probably have only 250 families in leased units by that time. Mrs. Dobelstei°
said the audit report in August painted out the program was under-staffed
and she hoped to have that problem corrected by the end of February.
Commissioner Whitted asked whether the staff shortage was the
reason for not utilizing the funding for 310 families.
Mrs. Dobelstein said that it was. She said the management revievr
suggested combining a bookkeepers position with one who could help in
housing and hiring a fiull-time director. She said the full-time director
was hired on November 1, 1978 and the bookkeeping-housing position was not
yet filled.
Commissioner Whitted said of the 836 who applied, 794 are eligible to
participate and 250 of these will have housing by the end of the year.
Mrs. Dobelstein explained there is a shortage of housing units available-
5he said there were 126 landlords who participated in the program. She
said Bobby Roberts refused to allow his apartment projects to participate.
Commissioner Willhoit suggested contacting the new owner of the Old
Well apartments in Chapel Hill.
Commissioner Gustaveson asked whether some jurisdictions were tighter
than others. Mrs. Dobelstein said Chapel Hill was tight but that programs
were increasing gradually in tie county.
Commissioner Whitted asked the results of the audit. Mrs. Dobelstein
said they conducted a utility review. They used HUD prescribed consumption
allowance so utility rates will change only when actual rates change.
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She said the program was behind in issuing certificates and there was
a shortage of staff.
Mr. Ted Parrish said the numbers speak for themselves for persons
who have current certificates but are unable to lease units. He said
over the last six years, the number of lower income children have decreased
in schools by 25 percent.
Commissioner Willhoit felt this would be a good issue for OCPC to
consider.
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Agenda Item 4: Sunshine Acres Petition in Objection to
Triangle Cremation Service Expansion
Dr. Marvin Neilson, representative of the property owners of Sunshine
Acres, said the property in question is located one mile outside the town
limits of Hillsborough. Triangle Cremation Service plans to build a
crematory or incinerator at the end of Oakdale Drive. Residents of this
area have the following objections: 1) commercial venture being constructed
in a residential area, 2) damage to the road which is maintained by -
residents, 3) offensive odors and smoke given off by present incinerator
and 4) the burning of human waste.
For copy of the petition submitted by property owners, see
page of this book.
The Reverend Odell Link from the ~Jesleyan Methodist Church also
submitted a petition to the Commissioners and offered his support to the
residents' petition. He said the church awned 10 acres located at the
end of Oakdale Drive and paid for the road to be paved to the church
property. The proposed crematory site is loca~ed directly in front of
the church property. The church objects to the expansion of Triangle
Cremation Service for the following reasons:" 1) The crematory site is
directly in front of the proposed church building site. The cost of
construction the new church facility will be in excess of $175,000.
2) The church selected this site because it was zoned residential.
3) The church members abject to the existing pollution in the form
of smoke and odor from Triangle Cremation Services. For copy of the
petition submitted by church members, see page 8 3 7 of this book.
Gommissioner Wi1lhoit said this is a good example of the benefit
of zoning. Commissioner Whitted asked whether the property was located
within the one mile extraterritorial zoning jurisdiction of the Town of
Hillsborough. Mr. Horace Johnson, member of the Hillsborough Town Board,
said this area is included in the extraterritorial mile and is zoned
residential- He suggested the property owners arrange to be on the
agenda of the Town Board and present objections to Hillsborough Planning
Board.
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The Planning Director said Triangle Services was issued a building
permit on December 11, 1978. He said no effective zoning or subdivision
ordinance exists in the extraterritorial area. Zoning is in limbo until
the Town surveys the area.
Commissioner Whitted asked what would prevent Triangle Services from
constructing a building and operating a commercial venture. The Planning
Director said Triangle has received a permit from the State Department
of Transportation for access to the road and has received an air pollution
permit from the State Department of Natural Resources and Community
Development. There is a possibility Triangle might need another inspection
for air pollution but they seem to have all the permits needed fqr that
area.
The County Manager asked what the Town of Hillsborough was doing to
try to effect zoning in the extraterritorial area. The Planning Director
Said the Town has drawn a circle around Hillsborough defining the extra-
territorial area but they have not surveyed that area. He said he
thought there were some budgetary problems.
Commissioner Gustaveson said he hoped the Hillsborough Township Advisory
Council would push the Planning Board and the Commissioners to get the
township zoned. He felt this type situation was a good example of why
Hillsborough needed zoning. He said zoning would prevent future commercial
ventures from destroying residential property values.
Commissioner ldalker said there is no vehicle via Town of Hillsborough
or Orange County to stop Triangle. He suggested the group meet with the
owner of Triangle and let him know construction is not desirable in the
community.
Mr. Larry Talbert asked whether the Commissioners could temporarily
rescind the building permit until further study was made. Commissioner
Walker said if the building meets qualifications, neither the Town nor --
the County has authority.to rescind the permit. He asked the Planning
Director what information was gathered at the time the applicant applied
for the permit.
The Planning Director said the applicant had to prove he had a suitable
lot under subdivision regulations, apply for a permit and pay the fee.
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The applicant had to conform to state building codes and other ordinances,
which he did.
The Gounty Attorney said if there is nu zoning in this area, there
is no power to stop construction. He said this situation was not desirable
but it was 'not illegal. He said the residents might have private civil
recourse if the actual operation becomes a nuisance.
Commissioner Whitted asked whether the Orange County Planning
Department was issuing building permits for extraterritorial property within
the Town of Hillsborough. The planning Director explained Orange County
issued building permits in any unzoned township. He said the county has
an intergovernmental agreement with the Town of Hillsborough. He said if
the Town had a planning department and an inspections officer, the ,Town
could issue permits. ,.
Commissioner Whitted said the building permit has been issued and there
is no legal basis to rescind the permit. He said he would have the Pi anning
Staff re-check the permit, but he agreed with Commissioner Walker's suggestion
of appealing to the owner.
The Planning Director said he was awaiting a call from the Environmental
Management Commission about this venture.
Mr. Don Griffin, a member of the audience, said he was not aware
he was moving into a commercial area. He said the road is a mud hole when
wet and a dust bowl when dry. He said residents did not know what would
be burnt or what contaminants would go into the air. He expressed his
concern from a health standpoint. He suggested rechecking perk tests
on this property, as some lots in the area would not perk. He said this
one building will not produce the tax base additional lots and future
residential homes would produce.
Commissioner Whitted said the Planning Staff would get a report
from EPA, check with the Health Department and recheck the building permit,
Mr. Robert Stevens asked how he could help implement zoning in the
area. Commissioner Whitted said the Commissioners Were working on a plan
to get the present ordinance extended to Hillsborough, Cheeks and Bingham
townships. He said the Town of Hillsborough needed to complete their
plan so they could exercise zoning jurisdiction.
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Commissioner Willhoit suggested getting involved in the township
advisory council. The Planning Director said advisory council meets
an the second Tuesday of each month at 7:30 p. m., at Cameron Park
Elementary. He said all the public is invited and offered to place
names on the mailing list.
The County Attorney said when zoning is implemented., Triangle
Services would come in as non-conforming. He said possibly, after
allowing it to exist for a certain length of time, they could be required
to dismantle the building.
Mr. Calernan suggested checking the status of the road. He said if
the road were not a publicly dedicated road, the private owners have
the right to say who may use the road. Someone would have to give
Triangle an easement to use the road or Triangle would not have access.
Agenda Item 5A: Appointments to Nursing Home Advisory Committee
Commissioner Gustaveson moved, seconded by Commissioner Barnes, to
appoint Mrs. Faye D. Pickard and Ms. Margaret Hudson, the two nominees of
nursing home administ<ators, to the Nursing Home Advisory .Committee.
Vote: ayes, 5; noes, 0.
Mr. Curtis C. Tyler, Jr. from Hillsborough, Mr. Bernard Segal from
Carrboro, and Mrs. Grace T. Richarson from Chapel Hi11 were nominated by
the Board. There being no further nominations, Commissioner Gustaveson
moved, seconded by Commissioner Willhoit, to appoint Mr. Curtis C. Tyler,
Jr., Mr. Bernard Segal and Mrs. Grace T. Richardson to the Nursing Home
Advisory Committee. Vote: ayes, 5; noes, 0.
Agenda Item 5B: Appointment to Council on A~ing
Commissioner Willhoit moved, seconded by Commissioner Barnes, to
appoint Mrs. Alice T. McAdoo to serve on the`Council on Aging. Vote:
ayes, 5; noes, 0.
Agenda Item 5C: Vacancy on~~coneechee,Library Board .
Commissioner Gustaveson asked the staff to publicize the vacancy
and request resumes. Commissioner Whitted said nominees should live within
the service area of Hyconeechee Library. Commissioner Willhoit requested
a letter be written to Carrboro Aldermen advising them we are seeking
nominations. He said he understood there was a void in representation
from the southwestern part of the county.
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Agenda Ttem 1D: Request b Town of Hillsborou h for
Oran a Count Plannin Services
The Planning Director said Orange Gounty has expertise in community
development to assist Hillsborough serve county citizens and change
the Fairview area. Orange County's CD grant will be running out the
middle of the year and we will not be able to get another one for
approximately one year. We could use skills assisting Hillsborough that
we would need one year later to finish northern Fairview. The Planning
Director estimated it would take 20 man days to complete the performance
report and 5 to 10 man days to complete the preapplication.
Mr. Horace Johnson from the Town of Hillsborough said the Town
needs expertise to help with the performance report and the proposed
preapplication for the GD grant. He said the Town has proposed to pay
for 20 man days necessary to complete the work. He said the work should
have been completed by June of last year. He said he hoped the county
and the Town could work together in getting community development funds
to help an area that needs help.
The Gounty Manager asked how much time would be involved in
completing the performance report. The Planning Director said a maximum
of 5 man days would be required to complete the performance report and
5 to 15 man days to complete preapplication.
Commissioner Whitted asked whether Mr. Johnson thought the county
planners could wrap up the project.
Mr. Johnson said $61,000 has been spent already and it is estimated
$17,000 to $40,DOD more needs to be spent. The Town auditor recommended
closing this out and using Town water and sewer funds. He said the Town
has to close out the performance. re port before applying for funds.
Commissioner Whitted said he understood the entire project was
not complete but the Town was trying to close out HUD funds and begin
using Town revenue.
Bryan Benson of the Planning Department said he has looked at the
performance report and he believes it can be wrapped up briefly. He
said the performance report required statements and findings of the
recommended goals in the original grant.
The °lanning Director said there will be a slow up in the staff's
work during the holidays. The staff does not have an official work
program yet.
Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to
grant the Town of Hillsborough's request far assistance of Orange County
Planning Staff, as set forth in Mayor Williams' letter. The Town of
Hillsborough will reimburse the County for these services. Vote:
ayes, 5; noes, 0.
Commissioner Whitted asked whether Mayor Williams` letter was
sufficient in setting'farth liabilities and responsibilities.
Commissioner Gustaveson said a memorandum or letter of agreement
would be the responsibility of the County Manager.
The County Manager asked the definition of scope or area of the
possible Hillsborough Community Development application. Mr. Johnson
said the preapplication will cover southern Fairview, which is a
part of Harding Hill and Hayes Street. He said it is not the area in
which Orange County is working.
The County Manager said the preapplication has to be filed by the
22nd of January.
The County Attorney said cost information should be set forth in
a letter of understanding. The County Manager said the County would need
to look into the cost per day figure.
Agenda Item 7: Intergovernmental_Rel_ations
Commissioner Willhoit said he would like to invite the Town of Carrboro
to meet with the Commissioners concerning OCPC, recreation, watershed
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protection, planning and other items of mutual concern.
Commissioner Gustaveson said he would not like to set a date for
this meeting until after the Board's work session in.Jar~uary. He felt
the top priority should be the meting with the two'school boards. -
Commissioner Willhoit said the schools were planning to come before
the Board before we enter into budget session.
Commissioner 1illhoit suggested contacting Carrboro and telling
them we want to set up a meeting, but letting them select d date.
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Agenda Item 8: Clarificatiyn_of Municipal Support for
Recreation ~ ~ ~~
Commissioner Barnes said there was some discussion about the nature
of allocation of mutual support to the towns. Commissioner Barnes checked
the minutes of the June 8, 1978 meeting and made the following motion:
Commissioner Barnes, seconded by Commissioner Willhoit, moved the
Board send a letter i:o Chapel Hill and Carrboro including the following:
1) nature of the allocation, which is npn-categorical, to be used fior'
town recreation programs at the discretion of the towns; 2) request an
accounting be kept on what amounts are expended on which programs;
3) status of the allocation, which is the original amount, plus carry
over, minus expenditures made, including present balance; 4) suggested
arrangement for transfer of balance to towns so that there is no
misunderstanding.
Commissioner Gustaveson said in order to make the program workable,
funds had to be allocated for staff. He said there was money for staff
time included in the request to keep the gyms open.
Commissioner Willhoit said he thought the Board agreed it would
6e better not to make categorical allocations but to give the intent of the
allocation.
Commissioner Gustaveson said, then, we need to think of a new
formula to allocate funds to Chapel Hi11 and Carrboro. He felt details
were worked out clearly with Chapels Hill and Carrboro to utilize school
facilities.
Commissioner Willhoit said the intent was to provide equity in
municipal areas. This one specific thing we could fund.
Commissioner Barnes said if the request was for $65,Op0 for gym
rental and the Board knew there was a carry over and knew this would
create a surplus, she would have tv base her understanding of the
allocation upon the recorded June 8th minutes, which gives the towns
authority to use the money as they see fit.
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Commissioner Whi~'ted said the basis of the appropriation was to
provide facilities so in-town and aut~af-town residents could use
facilities without additional charge. The towns needed staff to
maintain the gyms. He felt it should be expressed.to the towns the
intent of the Board was to maintain facilities so the towns would not
be able to close the gyms and use the funds solely at their discretions.
Commissioner Barnes said the minutes say, "as they see fit". She
said we can include our first priority has been to make school facilities
available but we should make it clear funds can be used for other purposes
also.
Commissioner Walker said he has always been opposed to municipal support
but when the Board found out there was a $10,000 carry over, the Board
decided to give the towns the carry over money. He said his recollection
corresponds with the minutes in that the Board decided the towns could
do anything with the money.
Commissioner Gustaveson said the first year dial not include assistance
to cover staffing to keep the gyms open, but there was a feeling an
additional amount was needed to cover staffing. Tf this allocation is
an open gift, the money might go to something other than keeping the gyms
open, which has been a very successful program.
Commissioner Whitted said the Board could communicate the four
points Commissioner Barnes requested and indicate our priority to naintain
the facilities. He said this would apply to this year's appropriation and
we reconsider next year's appropriation.
Commissioner Walker asked whether the towns could use the money
as they saw fit.
Commissioner Whitted said the towns can vse the money. They should
keep gyms open and, if they have a $10,D00 carry over, they should be
able to utilize the funds.
Commissioner l+lillhoit said the towns presented us with a list
of recreational needs. He said he did not realize the Board limited
the funds to gym facilities.
The Finance Director asked whether this included finding for
capital items and operating expenses in the original request.
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Commissioner Walker asked whether the Finance Director could
determine whether to pay bills or not if the motion passed. The
Finance Director said some arrangement could be worked out with the
finance director of the town which would be brought back to the Board y
for approval.
Commissioner Whitted said he would like to qualify the use of
funds to program items and not open up the area of capital expenditures.
Commissioner Willhoit said he agreed.
The Finance Director said the original request for Chapel Hill included
the following:
8,000 hours for facility use totalling $33,600
Utility charge for facility use 20,000
Custodial Charge 2,520
Facilities security, repairs & phone 3,000
North Carolina Botanical Garden 12,700
Therapeutic Program 7,865
Community Theater 2,000
Capital Equipment 9,315
Total $91,000
The original request for Carrboro included the following:
2,850 hours for facility use totalling $11,400
Utility charge for facility use 7,125
Custodial Charge 1,969
Facilities security, repairs charge 1,000
Facilities program salary & benefits 10,921
General program supplies 4,407
Mobile Playground units __ 2,178..
Total $39,000
The Finance Director said the total appropriation started at
$65,000 and totalled $83,261 at the end of the last meeting. Of this
amount, $58,283 went to Chapel Hill and $24,978 went to Carrboro.
Commissioner Gustaveson moved to table this issue to give the
Board members a chance to prepare far further discussion at the
January 2nd meeting. Motion died for lack of a second.
Commissioner Whitted said the Botanical Garden Was. one of the line
items the Board decided not to fund. He suggested restricting the
appropriation to no capital expenditures and no community theater or
botanical garden.
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Commissioner Barnes said this creates a surplus that cannot be
used except for facilities. She said the question to be resolved
was whether the appropriation was categorical or not - is the
appropiration to be used for recreation programs support in municipalities
or for recreation support to municipalities in keeping school facilities
available. She said the intent of her motion is to make it clear to the
towns that the allocation is non-categorical and funds are available tv
them on that basis.
Commissioner idhitted asked Commissioner Barnes whether she wanted
to amend the motion to add restrictions. Commissioner Barnes said that
would make the motion unnecessary.
The vote on the motion was: ayes, Commissioners Walker, Willhoit
and Barnes; noes, Commissioners Whined and Gustaveson.
Commissioner ldalker said he did not support municipal support but
had voted for the motion to clear up a decision that was made at budget
time.
Agenda Item 9: Ttems on Rules and Procedures -~-
Commissioner Barnes presented copies of a publication the Institute
of Government published for commissioners adaptation. She requested this
item 6e placed on the January 2nd agenda.
Agenda Ttem 11: Planning Technician
Commissioner Willhoit moved, seconded by Commissioner Walker, to
convert a CETA position vacated by a resignation of an employee to a
Planning Technician at grade 591 for the six months of 78-79 budget at
a salary of $4,524 plus fringe benefits of $704, which would total $5,228
and for.1979-80 budget at a salary of $9,048 plus fringe benefits of
$1,408 which would total $10,456. Vote: ayes 5; noes, 0. ~
Agenda Item 12: Office Space for Resident Judge
Commissioner Whitted said the County Manager and he had met with
.Judge Battle two weeks ago with the intention of finding adequate office
space across the street from the courthouse but the owner wanted a 10
year lease and high rental and the county would have to install heating
and air conditioning.
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The County Manager said he talked with Judge Battle and told him the
space was not feasible. He told the Judge there was an office one block
away the county could rent for approximately $350 per month. The county
would have to. install some partitions inside the building. The Judge
accepts this space as second choice. The county can rent this space if
the Board wishes to make the appropriation. The County Manager said, in
theory, it is the duty of the county to provide these offices out of the
facilities fund. He said the county is also required to buy the '
furniture in the facility. He said the space is large enough for the
district attorney's office also. He said the reason the county has not
been called on before to provide space is because the county has never
had a resident judge.
The County Attorney suggested asking Chatham County to provide some of
the expense since it is a two-county district and the judge wants to have
his office in Orange County.
Commissioner Walker moved, seconded by Commissioner Gustaveson,
to authorize the County Manager to proceed in securing office space for
the Resident District Court Judge and the District Attorney in Orange ,
County. Vote: ayes, 5; noes, 0.
Agenda Item 13: Executive Session
Commissioner Willhoit moved, seconded by Commissioner Gustaveson,
the Board move into executive session to discuss a personnel matter.
Vote: ayes, 5; noes, 0.
There being no further business to come before the Board, the meeting
was adjourned.
Richard Whitted, Chairman
Mary Lou Bouley, Clerk