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MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
MARCH 5, I979
The Board of Commissioners met in regular session an Monday,
March 5, 1979, at 10:00 a.m., in the Commissioners Room, Orange County
Courthouse, Hillsborough, North Carolina.
Members present: Commissioners Richard ~rJhitted, Norman Gustaveson,
Norman Walker, ponald Willhoit and Anne Barnes.
The following items were added to the agenda:
Agenda Item 21 B: A Personnel Matter to 6e Added to Executive
Session
Agenda Item 22: Contract with MICA for Cost-Allocation Plan
Agenda Item 23: Contract with MICA for Solid Waste Planning
Program
Agenda Item 24: Response to Flag Burning Incident
Agenda Item 2: Matters of Public Concern
Mrs. Josephine Barbour presented a memorandum to the Board
concerning the American flag. For copy of this memorandum, see. page 257
of this book. Mrs. Barbour expressed her distress that the Board
had not made adequate response to the petitions submitted to the
Board on February 5th.
Mrs. Barbour notified the Board of a heating problem at the old
courthouse. Commissioner Willhoit referred the heating problem at
the old courthouse to the County. Manager.
Agenda Item 3: Minutes
Commissioner Willhoit moved, seconded by Commissioner Barnes, to
approve the minutes of December 19, 1978, as corrected. Vote: ayes, 5;
noes, 0.
Commissioner Barnes moved, seconded by Comr-issioner Willhoit, to
approve the minutes of Febrary 5, 1979, as corrected. Vote: ayes, 5;
noes, 0.
Th.e Clerk was requested to correct and resubmit the minutes
of February 15, 1979.
Commissioner Gustaveson moved, seconded by Commissioner Barnes,
to approve the minutes of February 20th. Vote: ayes, 5; noes, 0.
Commissioner Barnes moved, seconded by Commissioner Gustaveson,
to approve the minutes of February 23, 1979, as corrected. Vote:
ayes, 5; noes, 0.
Agenda Item 4: A Citizens Guide to Cha el Hill, Carrboro
an Oran a Count
Dr. Willis, on behalf of the Chapel Hill League of Women Voters,
requested financial aid from the Board to assist with a publication,
A Citizens Guide to Chapel Hill, Carrboro and Orange Count .
Commissioner Willhoit moved, seconded by Commissioner Barnes, to
appropriate $100 from the contingency fund to the Chapel Hill League of
Women Voters for their publication, A Citizens Guide to Cha e1 Hill,
Carrboro and Orange County_._ Vote: ayes, Commissioners Whitted, Barnes,
Willhoit, and Gustaveson; noes, Commissioner Walker.
Agenda Item 5A & B: J. L. Wilson Estate Phase II
Mr. Andy Little, Attorney, appeared on behalf of the estate.
Commissioner Barnes moved, seconded by Commissioner Gustaveson,
to adopt the Planning Board's recommendation to grant a variance from
the minimum 50 foot right-of-way for the entrance road and to adopt
the Planning Board's recommendation to approve the preliminary plan of
the J. L. Wilson Estate, Phase II. Vote: ayes, 5; noes, 0.
Agenda Item 5C: Rallin ood Subdivision
Commissioner Gustaveson moved, seconded by Commissioner Walker,
to adopt the Planning Board's recommendation to grant a six month
extension of time to Mr. Roy Brown on the letter of credit the
county holds. This would extend the time to August 6, 1979.
Vote: ayes, 5; noes, 0.
Agenda Item 5D: Price Creek
Commissioner Gustaveson moved, seconded by Commissioner Barnes,
to adopt the Planning Board's recommendation to rezone a 10 acre tract
in Price Creek Subdivision from Planned Unit Development to Residential.
Vote: ayes, 5; noes, 0.
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Agenda Item 5E: Tem Drat Use Permit for Mobile Homes
Commissioner Gustaveson moved, seconded 6y Commissioner Barnes, to
approve the Planning Board's recommendation to adopt the addition of
Section 7.3, "Temporary Use Permit for Mobile Homes", to the Zoning
Ordinance. For copy of this amendment, see page 259 of this book.
Vote: ayes, 5; noes, 0.
Agenda Item 5F: Ra mond Williams' Petition to Rezone
Commissioner Gustaveson moved, seconded by Commissioner Walker, to
adopt the Planning Board's recommendation to approve the rezoning request of
Mr. Raymond Williams from residential to general commercial.
Vote: ayes, Commissioners Barnes, Gustaveson, Walker and Willhoit; noes,
Commissioner Whitted.
Mr. Keith Lembo, Attorney, was present to represent the prospective
purchasers of the property. Also present was Ms. Linda Murray, a land-
scape architect.
Agenda Item 6: Plannin De artment's Work Schedule
The Planning director reviewed his memorandum of February 5th and
briefed the Board on the progress his department was making.
Commissioner Willhoit moved, seconded by Commissioner Barnes, to
'propose a minimum 5 acre lot size zoning in the University Lake Watershed
to serve as an interim control until more specific water quality management
criteria can be developed. Vote: ayes, 5; noes, 0.
Commissioner Barnes moved, seconded by Commissioner Gustaveson,
the composition of the Technical Advisory Committee be revised to include
one member from the Board of Adjustment and one alternate member from the
Planning Board, in addition to two members from the Board of Commissioners
and twa members from the Planning Board and two members from the Planning
Staff. Vote: ayes, 5; noes, 0.
Commissioner Gustaveson reaffirmed his membership on the Technical
Advisory Committee and Commissioner Willhoit offered to attend the opening
meetings or to serve as an alternate. Commissioner Willhoit suggested noon,
Thursday, March 22nd, Carrboro Town Hall, as the tentative time, date
and place for the Technical Advisory Committee meeting.
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The Board requested the following agencies be notified of the
Water Resources Planning and Protection Task Force's organizational
meeting on Thursday, March 22nd, at 7:30 p.m., in the Commissioners
Room: OWASA; Soil and Water Conservation Board; Orange County Rural
Development Panel; an elected official, or her/his designee, and a technical
person from Carrboro, Chapel Hill, Hillsborough, Mebane and Orange
County; University of North Carolina; State of North Garolina Department
of Transportation; Orange County Planning Board; Orange- Alamance Water
System; and Eno River Association. The Board also requested appropriate
State agencies and Triangle J be made aware of the establishment of this
task force and be made aware the task force may call on them for technical
assistance. The tentative objectives for the task force are outlined in
the Planning Director's memorandum.
The Board set March 20th as the date to adopt the charge of the task
force and as the date to appoint a Commissioner member.
Agenda Item 7: Additional Position to Plannin Staff
Commissioner Willhoit moved, seconded by Commissioner Barnes, to
approve an additional position (Planner II) 6e added to the planning
Department Staff immediately, regardless of the outcome of joint planning
task forces. Vote: ayes, 5; noes, 0.
The Board recessed for lunch at 12:15 a.m. and the Chairman called
the meeting back to order at 1:45 p.m.
Agenda Item 8: Glenn A. Withrow and Diana B. Withrow
Request far Refund of Real Estate_Excise Tax
Commissioner Barnes moved, seconded by Commissioner Gustaveson,
to grant Attorney Judith 5. Burk's request for a refund of $49.50,
representing an overpayment of real estate excise tax stamps. Vote:
ayes, 5; noes, 0.
Agenda Item 14: Communit -Based Alternative Funds
Commissioner Gustaveson moved, seconded by Commissioner Barnes,
to approve the Manager's recommendatio~~ to endorse an application
of the Orange Coun~.:y School Board for Community-Based Alternative Punds
of $1,579 to acquire a used van for use in conjunction with their
Home-School Counselor Program, Vote: ayes, 5; noes, 0,
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Agenda Item 11: Re Tonal Feeder Air ort Stud
Mr. Harry Palmer, with Triangle J Council of Governments, Mr. Larry Sams,
with the Department of Transportation, and Mr. Bruce Matthews, with the
Division of Aeronautics, reviewed a Regional Airport Study conducted by the
Triangle J Council of Governments.
Commissioner Barnes moved, seconded by Commissioner Gustaveson, to
refer this item to the Planning Board for study. Vote: ayes, 5; noes, 0.
Agenda Item 9: Oran a Count Industrial Facilities and
Pollution Control Financing Authority __
Commissioner Willhoit moved to table this item until the March 20th
meeting. Motion died for lack of a second.
Commissioner Walker moved, seconded by Commissioner Gustaveson, to
adopt Sections 1, 2, 3, 6 and 8 of the Resolution Creating the Orange
County Industrial Facilities and Pollution Control Financing Authority.
The County Attorney is to check with the Bonding Authority about chahging
the masculine language in the resolution and including the statutory provision
requiring prior Board approval of Authority action. Vote: ayes, 5; noes, 0.
The County Attorney said the Bond Financing Authority will not consider a
project until it receives a resolution approving the project from this Board.
The Clerk is to notify a prospective industry of the Boards action
regarding the above Authority and is to advertise fo'r resumes from persons
interested in serving on the Authority.
Agenda Item 10: Count Animal Shelter
Commissioner Willhoit moved, seconded by Commissioner Gustaveson,
the Board indicate to the Manager its wish to contract for the operation
of the animal shelter. Vote: ayes, 5; noes, 0.
Commissioner Willhoit said he would like to see the goals and
objectives of the APS in regard to animal control. He said he would
also like to see a proposed fine and fee schedule.
Commissioner Willhoit moved, seconded 6y Commissioner Gustaveson,
to rtrodify the contract with the APS so that adoption fees and boarding
fees beyond the disposal period would go to the APS. Vote: 5 ayes; 0 noes.
It was the Board's consensus not to include an arbitration clause
in the contract.
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Agenda Item 12: Title VI Projects
Ms. Martha Athay was present to represent the Orange-Durham
Office of Community Employment.
Commissioner Barnes moved, seconded by Cammi.ssioner Gustaveson, __-
the Board endorse three Title VI projects: a) Child and Family Resource
project operated by Jocca, b) Beautification and Property Conservation
Project operated by Chapel Hill Housing Authority and c) Employment of
the Handicapped operated by the North Carolina Association for the Emotionally
Troubled. Each project has a six month duration. Vote: ayes, 5; noes, 0.
Agenda Item 13: Regional Mental Health Agency Grant Application
Commissioner Barnes moved, seconded by Commissioner Willhoit, to
approve the Youth Services Needs Task Force recommendation to approve a
proposed grant application by the Regional Mental Health Agency for regional
discretionary funds to continue for six months a program the Mental Health
Agency is currently conducting at Phillips Junio~t High School entitled
Services to Problem Teenagers. Vote: ayes, 5; noes, 0.
Mr. Wes Hare, Chairman of the Youth Services PJeeds Task Force,
and Ms. Joan Marie Holland, Coordinator of Children's Services at
the Orange-Person-Chatham Mental Health Center, were present to
answer questions and give explanations regarding this item.
Agenda Item 15A: Human Services Advisory_Council
Commissioner Barnes moved, seconded 6y Commissioner Whitted, to appoint
Commissioner Gustaveson to serve on the Human Services Advisory Council.
Agenda Item 15 B: Recreation Advisory Council_
Commissioner Gustaveson nominated Ms. Marilyn Malloy to serve on
the Recreation Advisory Council. There being no further nominations,
Commissioner Barnes moved, seconded by Commissioner Gustaveson, to appoint
Ms. Marilyn Malloy to serve on the Recreation Advisory Council.
Agenda Item 15C: Terms for Recreation Advisor Council Members
Terms were set for Recreation Advisory Council Members as follows: -
The first four names picked from a hat would be given three year terms,
the next three would be given two year terms and the next three would
be given one year terms. The results were as follows:
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Giovanni Mico1, Eno Township, 3 year term; Katie Smith, little River Township,
3 year term; Marilyn Molloy, Hillsborough Township, 3 year term;
Mary Howse, Chapel Hill Township, 3 year term; Donald Roberts, Cedar
Grove Township, 2 year term; Willie Laws, Eno Township, 2 year term;
Robert 5trayhorn, Chapel Hill Township, 2 year term; Evelyn Patterson,
Bingham Township, 1 year term; David English, Cheeks Township, 1 year term;
and Ron Hyatt, Chape~ Hill Township, 1 year term.
Agenda Ttem 15 D: Appointment to Chapel Hill Planning Board
Commissioner Willhoit moved, seconded by Commissioner Gustaveson,
to appoint Major W. Geer to the Chapel Hill Planning Board. Vate: ayes, 5;
noes, 0.
Agenda Item 15 E & F: Appointments to Youth Services Needs Task Force
Commissioner Gustaveson moved, seconded by Commissioner Willhoit to
enlarge the Youth Services Needs Task Force by three members and to
appoint to the task force Ms. Lou Anne H. Davis, Ms. Sharon Warren and
Ms. Samantha Wilburn to fill these three vacancies as.recommended by the
Youth Services Needs Task Force. Vote: ayes, 5; noes, 0.
Agenda Item 15 G: A ointments to Oran a Count Plannin Board
Commissioner Gustaveson moved, seconded by Commissioner Willhoit,
to reappoint Art Cleary to the Orange County Planning Board fora full
term. Vote: ayes, 5; noes, 0.
Commissioner Willhoit moved, seconded by Commissioner Barnes, to
reappoint Bob Greer to the Orange County Planning Board for a full
term. Vote: ayes, 5; noes, 0.
Agenda Item 16: Additions to the State Highway System
Commissioner Gustaveson moved, seconded by Commissioner Barnes,
to approve the Department of Transportation's recommendation to add
Cascade Drive, Cedronella Road; Falls Drive, Valinda Drive, and
Celastrus Drive in Falls of New Hope Estates Subdivision to the
State Highway System. Vote: ayes, 5; noes, 0.
Agenda Item 18 A: Meeting with Carrborn Aldermen
The Chairman is to contact the Mayor of Carrboro about the
agenda for the meeting of the Carrboro Aldermen and the County Commissioners
to be held at the Carrboro Town Hall, on March 21st, at 7;30 p, m., Room #109.
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Agenda Item 18 B: Land Title Records S stem Grant
The Chairman announced receipt of a grant from the State of North
Carolina to assist in developing a computerized uniform land title
record system.
Agenda Item 19: Trans ortation I rovement Meetin
The Board named Mr. Jim Polatty, Planning Director, as its designee
to attend the Transportation Improvement Meeting in Graham, North .Carolina.
1'he Board will draft a statement for Mr. Polatty to present at the meeting
regarding upgrading North Carolina 54 East and improving North Carolina 86
between Chapel Hill and Hillsborough.
Agenda Item 17: Legislation to Increase Health Aid to Counties
Commissioner Gustaveson moved, seconded by Commissioner Willhoit,
the Board send a letter to our area state legislators to support and
co-sign a bill to increase statewide local health aid. Vote: ayes., 5; noes, 0.
• Agenda Item 22: Contract with MICA for Cost-Allocation Plan
Commissioner Gustaveson moved, seconded by Commissioner Willhoit,
the Board authorize the Chairman to execute a contract with MT CA for the
preparation of a Cost-Allocation Plan, the cost of which will not exceed
$7,820. Vote: ayes, Commissioners Whitted, Walker, Willhoit and Gustaveson;
noes, Commissioner Barnes.
Agenda Item 23: Contract with MICA for Solid Waste Pl.anni~
Program
Commissioner Gustaveson moved, seconded by Commissioner Walker,
the Board authorize the Chairman to execute a contract with MICA for
preparation of a Solid Waste Planning Program, the cost of. which will
not exceed $8,100. Vote: ayes, Commissioners Whitted, Walker,
Willhoit and Gustaveson; noes, Commissioner Byrnes.
Agenda Item 25: .Res onse to Petitioners °e ardin
Fla Burnin Incident
Commissioner Willhoit moved, seconded by Commissioner Barnes, to
forward a letter from the Board•explaining the Board's position to
individuals who expressed concern to the Commissioners about the recent
flag burning incident. Vote: ayes, S; noes, 0.
Far copy of this letter, see page 260 of this book.
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The Board recognized the week of March 25 - 31 as rape awareness week.
Commissioner Gustaveson moved, seconded by Commissioner Barnes,
the Board move into executive session to discuss a personnel matter
and certain litigation. Vote: ayes, 5; noes, 0.
Chairman Whitted reconvened public session to make the following
announcements: The Board of Commissioners has requested an extension
of time to file a notice of appeal in Orange County, et al. vs.
Department of Transportation, et al. The Ghairman has received a
letter from the Secretary of Transportation stating that department
had approved the final Environmental Impact Statement concerning
the proposed location of Interstate 40 from the vicinity of the
Research Triangle to Interstate 85 near Hillsborough, Durham-Orange
Counties and that the impact statement was now in the process of being
printed, after~7vhich it will be distributed to the public. The letter
states the Department anticipates the Federal Highway Administration
will officially approve the corridor location around April 15th.
The County Attorney announced the Carolina Inn was requesting
local legislation to permit it to sell liquor-by-the-drink.
Commissioner Wil1hoit moved the Board endorse this request for
legislation. Motion died for lack of a second.
The County Attorney announced OWASA has requested an act permitting
it to assess for water and sewer projects for construction and improvements
and has presented the Board with an agreement to execute. The Board
requested this item be placed on the March 20th agenda for action.
Commissioner Barnes moved, seconded by Commissioner Walker, to
adjourn the meeting. Vote: ayes, 5; noes, 0. /
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Richard Whitted, Chairman
Mary Lou Bouley, Clerk
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