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MINUTES
ORANGE•COUNTY BOARD OF COMMISSIONERS
JULY 2, 1979
The Orange County Board of Commissioners met in regular session on
Monday, July 2, 1979, at 10:00 a.m., in the Commissioners Room of the
Orange County Courthouse, in Willsborough, North Carolina.
Commissioners present: Commissioner Richard Whitted, Chairman,
and Commissioners Don Wil.ahoit, Norman Gustaveson and Anne Barnes.
Commissioner Norman Walker was absent.
The following items were added to the agenda:
Agenda Item 21: Request to Town of Hillsborough re
Sedimentation and Erosion Control Ordinance
and County Subdivision Regulations
Agenda Item 22: Charge to HSAC re Volunteer Agencies
Agenda Item 23: Discussion of School Financing Task Force
Agenda Item 24: Discussion of July Meeting Schedule
Agenda Item 25: Discussion of Legal Services
Agenda Item 26: Statement to DOT re Design of I-40
Agenda Item 27: Executive Session
Agnnda Item 14D: Minor Subdivision of Tommy Brinn
Agenda Item 3: Minutes
Commissioner Willhoit moved, seconded by Commissioner Gustaveson,
the minutes of May 29, 1979, be approved as written. Vote: ayes, 4; noes,.0.
Gonvnissioner Barnes moved, seconded by Commissioner Willhoit, the
minutes of May 31, 1979, be approved as written. Vote: ayes, 4; noes, 0.
Commissioner Willhoit moved, seconded by Commissioner Gustaveson, the
minutes of June 4, 1979, be approved as corrected. Vote: ayes, 4; noes, 0.
Commissioner Barnes moved, seconded by Commissioner Willhoit, the
minutes of June 7, 1979, be approved as written. Vote: ayes, 4; noes, 0.
Commissioner Willhoit moved, seconded by Commissioner Gustaveson,
the minutes of June 12, 1979,'be approved as corrected. Vote: ayes, 4; noes, 0.
Commissioner Barnes moved, seconded by Commissioner Willhoit, the
minutes of June 14, 1979, be approved as written. Vote: ayes, 4; noes, 0.
Commissioner Willhoit moved, seconded by Commissioner Barnes, the minutes
of June 19, 1979, be approved as written. Vote: ayes, 4; noes, 0.
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Commissioner GustaVeson moved, seconded by Commissioner Barnes, the
minutes of June 20, 1979, be approved as written.- Vote: ayes, 4; noes, 0.
Commissioner Barnes moved, seconded by Commissioner Willhoit, the minutes
of June 25, 1979, be approved as written. Vote: ayes, 4; noes, 0.
Agenda Item 4: Awards to Vietnam Era Veterans
Commissioner Barnes moved, seconded by Gommissioner Gustavesvn,
Vietnam Veterans Community Achievement Awards be presented to the following
persons: Charles Bernard Nichols, Jr., Thomas C. Elliott, Kenneth Strayhorn,
John Michael Woods, James E. Greenlee, R. Wayne Weston and John H. Jeffries.
Vote: ayes, 4; noes, 0. ,.
The Chairman announced awards would be presented the above-named individuals
at the stadium, Orange High School, on Wednesday, July 4th, at 8:00 p.m.
Agenda Item 5: Birmin ham Jewelers Re uest far Tax Relief
Commissioner Willhoit moved, seconded by Commissioner Barnes, tv
accept the Tax Collector's recommendation that the request of Birmingham
Jewelers for relief from payment of tax bills n69-11651, 7I-24186 and 72-25517
be denied. Vote: ayes, 4; noes, 0. --
For copy of the Tax Collector's recommendation, see page 570 of this book.
Agenda Item 6: Phillips Project
Commissioner Willhoit moved, seconded by Commissioner Barnes, to accept
the Youth Services Needs Task Force's recommendation that Orange County make
application to the North Carolina pivision of Crime Control and Public Safety
fora grant of $7,633 to fund the "Phillips" project, a non-residential
treatment program for high risk juveniles enrolled at Phillips Junior High
School. Vote: ayes, 4; noes, 0.
Agenda Item 7: OWASA's Administrative A reement
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It was the consensus of the Board to request the County Attorney write a
letter to the Chairperson of OWASA's Board setting forth certain changes to
the Administrative Agreement recommended by the Board of Commissioners.
Agenda Item 9: Additions to State Road S stem
Commissioner Barnes moved, seconded by Commissioner Willhoit, to approve
the pepartment of Transportation's recommendation to add Cheshire Drive,
Murdock Road and Cates Court in Flintridge Subdivision to the state system.
Vote: ayes, 4; noes, 0.
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Agenda Item 10: Road Inyesti ation Re ort
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Commissioner Barnes moved, seconded by Commissioner Willhoit, the
Board acknowledge receipt of a secondary road addition investigation
report in which the Department of Transportation recommends not adding.
Acorn Drive in Greenview Subdivision to the state system. Vote: ayes, 4;
noes, 0.
Agenda Item 11: CETA Jobs
Commissioner Barnes moved, seconded by Commissioner Willhoit, to approve
the CETA job request positions as outlined in Mr. Stewart L. Rogers' memorandum
dated July 2, 1979. Vote: ayes, 4; noes, 0. For copy of this memorandum,
see. page 571 of this book.
Agenda Item 12: Civil Pre aredness
Commissioner Gustaveson moved, seconded by Commmissioner Willhoit, to
approve the Manager's recommendation that the Chairman be authorized to
write the North Carolina Division of Civil Preparedness a letter of intent
to apply for funds to construct an Emergency Operations Center. Vote:
ayes, 4; noes, 0. For copy of this letter, see page 574 of this book.
Agenda Item 13: Addendum to Audit.Contract
Commissioner Gustaveson moved, seconded by Commissioner Barnes, to approve
the Manager's recommendation that the Board authorize an addendum to the county's
annual audit contract with Peat, Marwick, Mitchell & Co. which increases the
scope of their work by adding: a) revenue sharing compliance audit - $1,00'0
and b) that portion of the consolidated tax collection system dealing with
collections far the Towns of Carrboro, Chapel Hill and Hillsborough - $3,000.
Vote: ayes, 4; noes, 0.
Agenda Item 24: July_ Meeting Schedule
Commissioner Gustaveson moved, seconded by Co,~tnissioner Barnes,
that the meetings of July 17 and July 23, 1979 be cancelled. Vote: ayes, 4;
noes, 0.
Agenda Item 14A: C1 de Bowden Rezanin
Commissioner Gustaveson moved, seconded by Commissioner Whitted, to approve
the petition of Clyde Bowden to rezone from mobile home park to residential
5 acres in Chapel Hill Township (tax map 117, part of lot 25). Vote: ayes, 4;
noes, 0.
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Agenda Item 8: Resolution Regarding W.H. Brady Company
Mr. Brian Mansfield, Secretary of the Orange County Industrial Facilities and
Pollution Control Financing Authority, presented a resolution recommending the
Board of Commissioners approve the W. H. Brady Company's project, in principal.
For copy of this resolution, see page 579 of this book.'
Ms. Judy Cox and Mr. Fred Cates gave the Board some background information
concerning the proposed industrial site.
Commissioner Barnes moved, seconded by Commissioner Gustaveson, to approve,
in principal, the W. H. Brady Company Industrial and Manufacturing Project.
Vote: ayes, 4; noes, 0. For copy of this resolution, see page 575 of this book.
The Board directed the County Attorney to write a letter to Mr. Harold 6.
Wall concerning Exhibit G (attached) explaining that this is not a county
project and that the county has no land use plan for this area. The Board also
requested the Chairman write a letter to the Hillsborough Town Board explaining
the history of this Board's action concerning this site, the action taken this
date, and explaining this Board was not trying to preempt decisions to be
made by the Hillsborough Town Board in its planning area.
Commissioner Willhoit moved, seconded by Commissioner Barnes, that this
Board hold a public hearing in August concerning extending the zoning ordinance
into Hillsborough Township outside Hillsborough's extraterritorial jurisdiction.
Commissioner Willhoit tabled his motion until the first Monday in August
in order to receive the Planning Board's recommendation concerning the proposed
public hearing in August concerning extending the zoning ordinance into Hills-
borough Township. He also proposed to include the extension of the zoning
ordinance into Bingham and Cheeks Townships at the public hearing in August.
Commissioner Gustaveson requested the Planning Board be notified that
this Board would like to consider a public hearing an August 27th concerning
extension of the zoning ordinance into Hillsborough Township and requested the
Planning Board submit their comments at the first Monday meeting in August.
Agenda Item 16: Orange County Energy Conservation Commission
Commissioner Gustaveson moved, seconded by Commissioner Barnes, the --
Board adopt the Orange County Energy Conservation Commission Resolution with
the flexibility for the Energy Coordinator and Commissioner Gustaveson to revise the
charge of this Commission. Vote: ayes, 4; noes, 0.
For copy of this resolution, see page 581 of this book.
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The Board requested the Clerk advertise vacancies on the Orange County
Energy Conservation Gommission. The Board also requested the Clerk notify
the Municipalities of the creation of this Commission enclosing a copy of
the resolution.
The Chairman called for the meeting to recess for the lunch break
at this time. After the lunch break, the Chairman resumed the meeting
with discussion of Agenda Item 14D.
Agenda item 14D: Tommy Brinn Minor Subdivision
Commissioner Whitted moved, seconded by Commissioner Barnes, the Board
grant a variance and approve the minor subdivision of Tommy Brinn in
Chapel Hill Township (tax map 7, part of lot 16). Vote: ayes, Commissioners
Whitted, Barnes and Willhoit; noes, Commissioner Gustaveson.
Agenda Ttem 14C: Walnut Cove
Commissioner Willhoit moved, seconded by Commissioner Gustaveson, to
table this request until the parties concerned have executed a road maintenance
agreement as written by the County Attorney. Vote: ayes, 4; noes, 0.
Mr. Gordon Mitchell was present in the audience to represent the owner
of the property.
Agenda Item 146: Minor Subdivision of Connie B. and Anne H.
Mdse and Keith llen
A Mr. Phil Ray and a Mr. Allen discussed the requested variances.
Commissioner Barnes moved, seconded by Commissioner Whitted, to endorse
the Planning Board's recommendation that the variances be granted with the
stipulation that it be indicated on both the plat and ,the deed that lots 3
and 4 could not be subdivided. Vote: ayes, 4; noes, 0.
Agenda Item 17A: Appointment_to Recreation ,Advisory Council
Commissioner Barnes nominated Mr. Benny Cecil to serve on the Recreation
Advisory Council. There being no further nominations, Commissioner Barnes
moved, seconded by Commissioner Whitted, that the Board appoint Benny Cecil
as the Cheeks Township representative to the Recreation Advisory Council.
Vote: ayes, 4; noes, 0.
Agenda Item 17B: .AP~ointm~ent to Health & Medical Care
dviA ~sor Co~unciT~
Commissioner Willhoit nominated Reverend C. J. Andrews to the Health and
Medical Care Advisory Council. There being no further nominations,
August 6th. agenda.
Agenda Item 17E: ~ ~ointments_to Land Title Records Advisory
Committee _ _ _ ' ' "_"
Commissioner Willhoit moved, seconded by Commissioner Barnes, to
appoint Reverend C. J. Andrews to the Health and Medical Care Advisory Council.
Vote: ayes, 4; noes, 0.
The Board requested the Clerk advertise the existing vacancy on _,
this council.
Agenda Item 17C: Appointments to Commission far Women
The following persons were nominated to the Orange County Commission for
Women: Carol Cantrell, Christine Maybee, Becky Veazey, Carolean Craig,
Ida Lou Fuller, Caroline Donnan and Jessie Jane Richter. There being no
further nominations, Commissioner Barnes moved, seconded by Commissioner
Gustaveson, the above-named persons be appointed to the Orange County
Commission for Women. Vote: ayes, 4; noes, 0.
Agenda Item 17D: Appointments to ABC Board.
The Board requested vacancies on the Orange County ABC Board be re-advertised
and that Chairman Gobbel be contacted to see whether he would like to be
re-appointed. The Board requested this appointment appear on the
The following persons were nominated to the Land Title Records Advisory
Committee: Guido DeMaere, Katherine S. Wright, Sandy Worth, John Coffey,
Bob G. Roberts, 5r., Rachel H. Cole, E. H. Kennedy, Angela Bryant, Jean
Anderson, Louise Clayton and Robert Culp. There being no further nominations,
Commissioner Barnes moved, seconded by Commissioner Willhoit, the above-
nominated persons be appointed to .the Land Title Records Advisory Committee
with one vacancy left open fora member from the Chapel Hill-Carrboro Chamber
of Commerce and that staff ex officio members be~Jim Pplatty, Bill Laws,
Linda Bean, Keith Brooks, John Horner, Betty June Hayes and Bill Campbell.
Vote: ayes, 4; noes, 0.
Agenda Item 17F: Road Naming Advisory Committee
The Board requested the Clerk advertise vacancies on this committee
and write to EMS, Fire Chiefs, Extension Clubs about the establishment of
the Road Naming Advisory Committee and request interested persons complete
resume forms.
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Agenda Item 28: LEO Retirement
Commissioner Barnes moved, seconded by Commissioner Willhait, that
the Board authorize the Finance Officer to continue far one month
the same sharing basis for the Sheriff Department's LEO Retirement and,
that the Manager be authorized to inquire in Raleigh for an analysis on
which this Board may base a more permanent decision at the earliest
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possible meeting. Vote: ayes, 4; noes, 0.
The Board authorized the Manager to write a letter to the Sheriff
explaining this Board will further consider a waiver or relief of accrued
vacation and, on a temporary basis, is authorizing the same Tevel of
retirement.
Agenda Item 18: Budget Ordinance
The Finance Officer submitted the 1979-80 Budget Ordinance and suggested
the Board authorize reimbursement of 19~ per mile and the use of the State
Pay Plan,.which are not included in the Manager's budget.
It was the consensus of the Board to authorize reimbursement of I9~
per mile with the provis o that each department submit a conservation plan and
get authorization from this Board to extend its mileage budget; that this Board would
stipulate that Orange County use the State Pay Plan and approve the 1979-30
budget Ordinance when it approves the minutes of June 29 - 30, 1979.
Commissioner Will ho it requested the County Attorney check to see
whether the Board of Commissioners could set school board member's salaries.
Agenda Item 19: Corres ondence
Commissioner Barnes requested the Manager prepare a memorandum
to department heads concerning the energy conservation plan and the
reimbursement of 19~ per mile.
Commissioner Barnes moved, seconded by Commissioner Willhoit, to
authorize the Chairman to write the following letters: to the Towns
of Chapel Hill and Carrboro concerning human services funding and recreation,
to Clem Johnson in appreciation of his 6 years of service on the Social Service
Board, to those persons in appreciation of their services on the Womens Commission,
to the State Legislators expressing appreciation for their work and consideration
of lesiglsative requests, to the Chairman of the Chapel Hill Library Board
expressing this Board's interest in making appointments to the Chapel Hill
Library Board, and to contact the Director of O-P-C concerning the 55,000
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and expressing this Board's concern that the 24 hour emergency services be
provided, and that the Chairman send a response to letters received from other
counties during the budgetary processes. Vote: ayes, 4; noes, 0.
Agenda Item 20: Ca ital Facilities Bond Issue
Commissioner Willhoit moved, seconded by Commissioner Barnes, to
authorize the Chairman to establish an educational steering committee
to educate the public about the capital facilities bond issue, bringing
together citizen representatives and representatives of various other
groups for information and to review items concerning the bond issue.
Vote: ayes, 4; noes, 0. '~
Agenda Item 21: Request to Hillsborough e
Commissioner Whitted left the room at this time.
Commissioner Willhoit moved, seconded by Commissioner 6arnes, to
authorize the Chairman to request the Town of Hillsborough enforce the
county's subdivision ordinance regulations in the extraterritorial zoning
jurisdiction adapted by the Town of Hillsborough. Vote: ayes, 3; noes, 0.
Agenda Item 22: Charge to Human Services Adyisar~r Council
Relating to Volunteer Agencies
Commissioner Barnes moved, seconded by Commissioner Willhoit, to request
the Human Services Advisory Council evaluate the need for the services of
Co al itian for Battered Women, Rape Crisis Center and Women's Health Counseling
Service as outlined below: If they are needed services, determine how they
can be provided effectively and most economically without duplicating services
already provided and without duplicating administrative effort. Determine
whether these services could be provided through established agencies. Examine
the value of "volunteerism" and "privacy environment" which these agencies
emphasize. Should and could these services be preserved within established
structures, i.e., Departments of Health, Social Service and Mental Health?
Tf small independent agencies are funded with tax monies, how can they 6e
supervised and coordinated within the governmental structure? Vote: ayes,
Commissioners Barnes and Willhoit; noes, Commissioner Gustaveson.
Commissioner Whitted came back to the meeting at this time.
Agenda Item 23: School Financing Task Force
Commissioner Gustaveson moved, seconded by Commissioner Willhoit,
the Board authorize a task force consisting of the County Manager,
Superintendents of both school systems, county Finance Officer a.nd Finance
Officers of both school boards along with an elected member from each schoal
board and a member of the Board of Commissiones to establish a schoal Financing
Task Farce to look at the trend of county and state financing of schoals,
percentage of increase in state funding compared to county dollars and
to form a data base to give a better handle when talking with legislators
next budget session and to look at county long-term funding of schoals and
identify major shifts. Vote: ayes, 4; naes,•O.
Commissioner Willhoit moved, seconded by Commissioner Whitted, to
appoint Commissioner Gustaveson as the representative from the Urange County
Board of Commissioners on this task force. Vote: ayes, 4; naes, 0.
The Board authorized the Chairman to contact the Chairperson of the
Chapel Hill-Carrboro School Board expressing this Board's vai1lingness to set the
School 3uurd's ~alary~ as ;,,sviv~•.~y-~~ 11v.2°•~ 153. A.9.2~r..
Agenda Item 25: L.e al Services
Commissioner Gustaveson moved, seconded by Commissioner Wil1hait, to
approve the County Attorney's contract for legal services including the
mutually agreeable changes. Vote: ayes, 4; noes, 0.
Agenda Item 26: Statement to QOT re Desi n.of I-40
Commissioner Whitted gave a progress report on the statement to the
Board of Transportation concerning the design of I-40 which is to be riled
no later than July 21, 1979. The Board authorized the Chairman to oversee
the statement and to give final approval of the document to be submitted to
the Board of Transportation regarding the design of T-40.
Commissioner Gustaveson moved, secanded by Commissioner Barnes, to
authorize the Chairman to execute the IV-O contract. Vote: ayes, 4; naes, 0.
Agenda Item 15: Review of Items to be Discussed with
C ape i 1 Tawn Council
The Planning pirector reviewed an issue paper concerning joint planning
areas. The Board discussed landfill fees.
The Health Director explained a letter concerning disposal of sewage
in Timberlyne Subdivision. For copy of this letter, see page 584 of this book.
Commissioner Barne$ moved, seconded by Commissioner Gustaveson, the
Board move into executive session to discuss two matters of litigation and
one personnel matter. Vote: ayes, 4; noes, 0.
Commissioner Willhoit moved, seconded by Commissioner Gustaveson, ._._
that the Board move back into open session to rescind an action taken earlier
in the meeting. Vote: ayes, 4; noes, 0.
Commissioner Gustaveson moved, seconded by Commissioner Barnes, to
place the percentage of salary in question for the Sheriff's Department
LEO retirement in escrow pending investigation and final determination.
Vote: ayes, 4; noes, 0.
There being no further business, Commissioner Willhoit moved, seconded
by Commissioner Barnes, the meeting be adjourned. Vote: ayes, 4; npes, 0.
~~Richard E. hitted, Chairmen
Mary Lou Bouley, Clerk ~ l
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