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HomeMy WebLinkAboutMinutes - 198104061. 2. 3. J+- 5. b. 7. 8. 9. 11. 12. 13. 1!}.. ~~ ?5, i7v ~8. _~~. P~INUTES ORANGE COUNTY BOARD OF COMMISSIpNERS APRIL 6, 1981 The Orange County Board of Commissioners met in regular session at 10:D0 A.M., Monday, April 6, 1981, in the Commissioners' Room, Drange County Courthouse, Hillsborough, North Carolina. Commissioners Present: Commissioner Anne Barnes, Chair, and Commissioners Norman Gustaveson, Norman Walker, Richard 4Jhitted and .Dan Willhoit. Agenda Item 1: Does an Board Member Desire to Modif t is Agenda? Commissioner Barnes presided over the meeting. Commissioner Willhoit asked that the Executive Session be held immediately after lunch because he had to leave early. • Commissioner Barnes said she had two announcements which she would like to make after item 4; she further suggested that legal matters be considered in the executive session and said Mr. P.obinson had re- quested that consideration of the budget fior the Health Department be removed at this time because it was not due in Raleigh until after the Social Services budget. Commissioner Barnes asked if the deadline for the 16-B-2 Transportation Grant had been changed from April 17 and was told no. ldhereupon Commissioner Barnes suggested the Board consider that request on this agenda. Agenda Item 2: Does any member of the audience desire o speaK to: A. clatters on this agenda? Mrs. Betty Eberhardt and Mr. Larry O'Brien said they wished to speak to item number 5; Ms. Kathy Phieffer.said she was present for item number 4 and Conunissioner Barnes noted the presence of Ms. Jan.Schopler who would be available for item number 6. B.. Matters not on this agenda? Mr. Kline of the New Hope Fire Department wished to be heard and Messrs. Doug Nodine, Jim Dixon and Jeff McGee, representing two different companies, asked to address the Board regarding some housing units. 1. 2. 3• 4- b. 7. 8. 9. lo. 1].. 7.2. 13. ? ti.. 15. 1b. }'1. 18, 19. 20, ?~ P 22, ~. ~~-- 2~0 26. 27., 28. ~9. 30. 31• 32. ~~ ~~o 34• 35. 3b. 37• 3Be a'~ . la.U . r) ~) ~~ s „~ 2 Commissioner Barnes asked that persons who wished to be on the Agenda notify the Clerk in advance of their request so that they may be scheduled on the printed agenda because the Board gauged the time required for the meetings at that level. Agenda Item 3: The Clerk Submits Minutes of Meetin s e Marc 17, an 981, ar Board Consideration. ~ ~ ~ W~~ _~ '~" Commissioner Willhoit moved, seconded by Commissioner Whitted, to approve the Minutes of March 17th as corrected. Vote: ayes, 5; noes ,0. Commissioner Whitted moved, seconded by Commissioner Gustaveson, that the Minutes of March 23 be approved as corrected. Voter Ayes, 5; noes, 0. Agenda Item 4: The Board will Proclaim the Week of Apri_ -11 as Nationa Library Wee_ Commissioner Barnes read the Proclamation (see page of this Book fora copy of the Proclamation) proclaiming April 5-11 as National Library 'Meek. Commissioner Willhoit moved to issue the Proclamation setting April 5-il as National Library Week; Commissioner Whitted seconded the-motion. Vote: Ayes, 5; noes, 0. Agenda Addition: Mr. Kline, of the New Wope Fire Depart- ment. - ..~, ..._ Mr. Kline appeared before the Board saying the New Hope Fire Depart- ment requested re-affirmation of the original contract which existed between the Department and the County. He said such a contract was necessary in order for the New Hope Fire Department to obtain a Farmer's Home Administration loan for a new fire truck. Commissioner Gustaveson rrraved to adopt the contract; Commissioner Llhitted seconded the motion vrith Lhe prcvisi~r, that the contract be changed to recognize the new Clerk. The County Attorney informed the Board that the contract period was for twenty years. Commissioner Willhoit offered a substitute motion to authorize the Chair to enter into the contract with New Hope Fire De- partment after the Attorney examines this contract. Commissioner 1Ji11hait added that he resented being presented with a twenty year contract at the beginning of .the meeting with no opportunity to examine it or have the County Attorney examine it. Commissioner Whitted seconded Commissioner tJillnoit's motion asking the Attorney to spell out the specific questions 3 1. ~. t i I ~~7,~ r O on review. Commissioner Gustaveson asked that the twenty year period be scratched. Commissioner Walker noted that this was a fairly routine matter. Commissioner Barnes told Mr. Kline that the Board's intent was to back the ,New Hope Fire Department. Vote: Ayes, 5; noes, 0. 1) Commissioner Barnes said there would be a public meeting on April 8th at 8:00 pM at the New Hape building on the subject of tax revaluation. Commissioners Barnes and Whitted, Mr. Ferrell and Mr. Laws would be the panel. 2) Commissioner Barnes said the application for Imminent Threat Grant funds for the Efland Estates subdivision had been denied by HUD. She said Mr. McAdams, the engineer for the project,would report to the Board an April 21, 1981. Agenda Item 5: The Planning Board Recommends Policy Concernin Road Construction and Main- tenance Re uirements in Pro ose Sub- ivisions that Will Be Situate On Ex- isting Pub is Roads at Are Not State Maintained. ~ ~ ~ ~ ~ ~- ~~"~ Mr. Polatty, Planning Director, presented the Planning Board's recommendation on public roads that are not state maintained within subdivisions. (see page of this book fora copy of the memo out- lining the recorranendations.) Ms. Betty Eberhardt told the Board she would be affected by any policy which the Board might choose to set on this subject. She said she was buying a piece of property on Sweet Drive which had been carved from two parcels of land. The total frontage of the three lots is 284 feet; her portion is X34 feet. Sweet Drive is one mile long and currer~Gly there are two homes on the three lots; Ms. Eberhardt is planning to build. She said it was silly to require 284' in the center of a road one mile long to be yravelled and the residents couldn't-afford it. There are 30 lots on this road .and highway 57. Mr. .Polatty said the reasoning behind the Planning staff recommendation was that those who benefitted should pay for the upgrading. Commissioner Willhoit moved that option 1 should be applied in this particular case and that the planning staff should take other requests 2. 3• ~• 5. 6. 7• $- ~_._ q. 1Q. ~.x. 12. 13. A 7.s. 9 (a ~ a7. ~.~, .'.~. ;n, 2?_ . 23. ?~. 2 ~. 25. ?7. 28. ^a~ 30. ~~z. ~? .~ -- <3p i i 34• 35. r C 36. 37. ~!~j . ~~ % N 1 1.}~ C 1. ~~ it {, ~ ~ a ,. ; ~. 3• (~. to the Planning Board for its review and recommendation and then to 5. the Board of Commissioners until the Board of Commissioners passes a 6, policy on this subject. Commissioner Walker seconded the motion. 7. Vote: Ayes, 5; noes, 0. 8. Agenda Item 6: The Mana er Submits Tentative BUd ets for t e Count s Social Service and q_ The Child Su ort Enforcement A enc For =entative Baar ndorsement s lp~ Re uired State Re ulations. 11. Mr. Tom Ward, Social Services Director, made the presentation to the . 12. Board. Mr: Ward said the State's funding would fall short of the pre- 13. vious year's. Me said this year's budget was more tentative than ever. x~.. before. The Board expressed concern that the County would be picking 15, up the short-fail for the State's mandated programs. The Board said 16, the State was shifting the cost of these programs from the income taxi-to 17. the property owner, or, from one level of government to another. •.8, Commissioner Barnes moved that the Board not approve this Social lg. Services Budget and to forward a letter to Raleigh stating the reasons 20„ the Board does not approve it; Commissioner Gustaveson seconded the motion. 21. Mr. Ward said he felt the State would increase certain items; Com- ~~. missioner Barnes said the State used an unrealistic formula on Medicaid. 23, Vate on Commissioner Barnes' motion: Ayes, 5; noes, 0. ~i!. The Clerk was instructed to call Commissioner llalker before the letter ?~. was typed and mailed to Raleigh. 2b. Commissioner Barnes moved to recommend to the Board a hiring freeze ?7, on all County positions vacant as of this date, except for the Sheriff's 28. Department and the Community Development Director, effective this date 2_q,. through this fiscal year, and that vacancies be brought before the Board ~Q. for approval if the position needed to be filled. Commissioner Willhoit 3a. seconded the motion. ~~. Comunissioner Gustaveson said he thought this should have been placed 33. on the Agenda, not brought up at this point. Commissioner Barnes moved 3t~. to tab12•the motion until after lunch; Commissioner Willhoit seconded the 3 ~. rnotion_ Vote: Ayes, 5; noes, 0. 36. Commissioner Barnes suggested the Board adjourn for lunch where- ~;~ upon Mr. Doug Nodine and ~Ir. Jeff McGee asked that the Board consider .3~0 ~:~. iF~ . 5 1. 2. 3• 4• ~• b. 7• _.. 8. 9. 10. 11. 12. 13. 1lt. x~. 16. 17. z8. 1~~ _.... 7~ o ..^a. ~2. ?3• 2!}. 25. 26. 270 28. 29. 30. ?1. -- '2. _- 33 9 34• 35. 36. 37. 38e 39. i~o . ~`~~~~~0 their respective companies' requests to pass a Resolution requesting government assisted housing in Orange County. The location both companies were considering is Old Orange Grave Road between I-85 and proposed I-40. Both companies proposed 50 units consisting of 48 two bedroom units and 2 three bedroom units with rents projected between $350-$400 /month. /Flr. Nodine representing ,7im Dixon Con- 5truction Company and Mr. McGee representing Srryder-Hunt Corporation.) - Commissioner Gustaveson moved that the Board approve the pro- posed Resolution requesting the government assisted housing. The .. County Attorney told the Board the Resolution read that the Board "requests and desires" it. Motion died for lack of a second. The Board adjourned for lunch and told P9essrs. Nodine and McGee they would consider their requests after lunch. The Board of Commissioners reconvened at 2:30 P.M. with all members present. The Board took up Commissioner Barnes' motion to institute a hiring freeze on all vacant County positions with the two exceptions ~of the Sheriff's Department and the Community Development Director. Commissioner Gustaveson took exception to the exceptions. Vote: I{yes, 5; noes, 0. Agenda Item 15: Executive Session, Commissioner Whitted,secanded by Commissioner Wi1lhoit, moved to convene in executive session to consider personnel. Vote: Ayes,S; noes, 0. After the executive session the Board convened in open session. Commissioner Willhoit left during the executive session and Commissioner lJalker left after the executive session. Agenda Item 11: B. Approval of the Prelimina~ Plan of Sed efiel~ Subdivision 5e`ctians 5, 6 and wit~i certain Sti~Tations. Mr. Polatty made the presentation far the Planning Staff. (For a copy of the Planning Board recommendations on Sedgefield see page of this book.) Commissioner Barnes asked Mr. Goforth if his company would include an open space/play area within the development; Mr. Goforth said his company would include such an area within the development. 6 1. ~. (}. Commissioner Gustaveson moved, seconded by Commissioner Whitted, 5• to approve Sedgefield Subdivision, Sections 4, 5, 6 and 7 with the (,. stipulations recommended by the Planning Board. Vote; Ayes, 3; noes, 7. 0. J3. Agenda Item 11: C. A royal of the Preliminary Plan o i Creek orest Su division wit 9. ti u atzons. 10. Mr. Polatty made the presentation for the Planning Staff; Mr. Efland 11. who owns the lots addressed the Board. The Board expressed the desire 12. that the people who bought the lots should be made aware that they were 7.3. buying in an active farm community. The Board also expressed concern about 1~. the number of driveways opening onto State Road 1004. Commissioner Whitted 1~. moved, seconded 6y Commissioner Barnes, to approve the Preliminary Plan ., 6. of Mi11 Creek Forest Subdivision with the Planning Board stipulations and -~ ,~ a maximum of three driveways for the six lots. After discussion, Com- _~_ missioner Whitted amended his motion to delete the maximum number of ..~^ three driveways and to add that the Board encourages shared driveways. .,~° Commissioner Barnes' second stood. Vote: Ayes-, 3; noes, 0. .,~ ~ The Board asked that Agenda Ttem 11-A be deferred until the next .-,, meeting. f ~ Agenda Item 6: The Tentative Bud et for the Child -- Support Service. ~'~'' Finance Director, K. Battern, reminded the Board that Ms. Janet ~r `J° Sparks had .been waiting all day and the Board nEeded to review her budget fib` request. ~?a Ms. Sparks addressed the Board telling it that her Agency did not ~Q' cast the County any money, indeed it brought money into the County. M° Commissioner Gustaveson moved, seconded by Commissioner Whitted, tentative '0' approval of the Child Support Service Budget_ `Vote: Ayes; 3; noes, D. 31" Agenda Item 13: ApLeals of Tax Assessme_nts__of Certain Business _Pr~erties: ~~•••~ Mr. Bill Laws addressed the Board for the Tax.Office. j° ~~~ A. The Peddler--Frank pale. 35. Mr. Dale had been present but had to leave; he did provide copies 3b. of his auditor's report. Mr. Laws said Mr. Dale had not made a timely y7~ appeal. Commissioner Whitted moved, seconded by Commissioner Gustaveson, .,~ that Mr.•Dale's appeal be denied. Vote: Ayes, 3; noes,. 0. ~~ , r ~: u 9 r is 1. 2s ~• ~l • s- 6. 7• 8. 9. 10. 11. 12, 13. ~.4• x5. lti. 17, 18, ~~., - . '.b, ~: •~C :,~~ z3o 21~. 25. 26. ?7. 2$ 29. 30- ~1. -.- ~?. ^3a 34• 35. 36. 37. 3~. .39. !}0 . 7 :.3 i ~ ~ ;.; '~k B. The Aegean Shop=-Rachael Selim. No•onewas present representing the Aegean Shop. Gommissioner Whitted, seconded by Commissioner.Gustavesan, moved to deny the request of Rachael Selim of the Aegean Shop. Vote: Ayes, 3; noes, 0. C. Perserverance Produce, Tnc.--Lawrence Gilbert. Mr. Gilbert said his accountant had made the listing however he had closed the business down in December and sold it in May of 1480. Mr. Gilbert stated that the only equipment was an open-air display case and a 1973 Oldsmobile and a 1973 pick up truck valued at~$500, $800 and $300, respectively. The Tax Supervisor put book value on the vehicles. Commissioner Whitted moved, seconded by Commissioner Barnes, that the Tax Supervisor make the necessary adjustment except for the vehicles left (i.e., value placed on the vehicles by the Tax Supervisor was in accordance with regulations). Vote: Ayes, 3; noes, 0. D. Foundation Bookstore--Larry Shapiro Mr. Shapiro addressed the Board. Mr. Laws said $60,000 was a guess on the part of the Tax Office because Mr. Shapiro had not listed. Com- missioner Gustaveson asked that the Tax Supervisor check the 1974 list- ing and return this item to the agenda after his research. The Clerk was instructed to mail Mr. Shapiro .an agenda when his appeal would be re-heard. The Board instructed County staff to return items 7, 8, 10, 12, 14 and 11-A to the next agenda far action. Agenda Item 17: The Oran a County Soil and Water Con- servation Board an t e ~gricu tura Task~Force has endorsed "A Resolution nlYdorsing oca Participation on t e Rural C can Water Program Ado t~~By T e Board of ommissioners and Invite t e Board o•F Commissioners to join in t e Endorsement of ~7s eso ut~on. Commissioner Gustaveson moved to endorse the Resolution offered and by the Orange County Soil and Water Conservation Board and the Agricultural Task Force. Commissioner 4Jhitted seconded the motion. Vote: Ayes, 3; noes, 0. (For a copy of this Resolution, see page of this book.) Agenda Item 9: The De artment of Trans ortation Re- commends Addition of Wisteria Drive In Bir,:hwood Estates to a State e~co-n ary Roa ystem. i , 1. ,,•, 2, 3a 4• ~• b. 7• 8. 9. 10. 11. 12. 13. Teo 15m 1 ~+. ~7. ze. 3.9. ?~n 21. 22. ~3~ G4• 25. ~6~ ~7 e 2$, ~~;. _2 ~ w ;1• 32. 33• 3ZE• 35• 3~• ~, >.. _~~~ ~r ~) p ,.~ ~~• , Commissioner Gustaveson moved to accept, seconded by Commissioner Whitted, the Department of Transportation's recommendation to-add Wisteria Drive to the State Secondary Road system. Vote-: Ayes, 3; noes, 0. - Agenda Item 16: The Town of Hillsbarou h has Res onded Positive to Our Re uest for a'Joint Meetin Will t e Board Consider t e 0 owin Dates for t e Joint Meetin ? pri 16; Apri 28; Apri 3 The Board selected April 16th, 7:30 P.M. in the Commissioners' Room, Orange County Courthouse, for the joint meeting. The Clerk was instructed to notify the Mayor and the Town of Hillsborough Board; also notify Commissioners Willhoit and Walker of the meeting. Mr. Nodine of the Jim Dixon Construction Company, presented his request that the. Board pass a Resolution requesting Section 8 (Federally assisted Housing) in Orange County, at the site previously described. Commissioner Gustaveson moved to ,approve the Resolution (see page of this book) with stipulations as to site. Mr. Nodine said stipulations on the Resolution would very effectvely kill this project. He said he preferred that the Board trust his company to work with them to find an alternative site. The Board did require a letter from Mr. Nodine stating that an alternative Site (s) would be investigated. The Board expressed concern over the stated location, noting its fixation between existing I-85 and proposed I-40. Commissioner Gustaveson amended his motion to read approval of the Resolution; Commissioner Whitted seconded that motion. Vote: Ayes, 3; noes, 0. Commissioner Gustaveson moved, seconded by Commissioner Whitted to approve the Resolution offered by Mr. McGee (who had to leave earlier) pending the submission of a letter from Mr. McGee acknowledging the re- luctance of the Board to approve the site as offered and stating his firm's willingness to seek alternatives. Vote: ayes, 3; noes, 0. (Fora copy o~F this Resolution, see page of this book.) Agends Item 10: The Board will Fix a Date to Review Its Capital Improvement Program. The Board selected April 13, 1981, 7:30 P.M. in the Commissioners' Room, to work on its Capital Improvement Program. The Clerk was instructed to notify Commissioners Walker and Willhoit of this meeting. 7he~Clerk was instructed to place on the agenda of the next meeting 9 ,r;. 3 s"~ r. _ a request that the Board set a date for a work session on the proposed zoning ordinance and land use plan- Mr. Rich Miller presented to the Board the Transportation Plan which the Board had referred to the Human Services Advisory Council for review on March 17th. Commissioner Whetted moved that the County Staff submit applications for the 16-B-2 funding for the transportation plan and the Chair be empowered to sign such applications with the understanding that there will be an addendum within a couple of months to clear up some questions which the HSAC brought up. Commissioner Gustaveson seconded the motion. Vote: Ayes, 2 (Commissioners Gustaveson and Whitted);noes, 1 (Commissioner Barnes). Commissioner Barnes announced that the County had reimbursed Jeffrey l~lhone $588.28 for expenses incurred in good faith before he declined the position of Finance Director of Orange County. The Personnel Director requested the Board clarify its hiring frieze. She stated she had some positions eahich had been offered and accepted but the persons had not begun work. Commissioner Whitted moved to convene in executive session; Commissioner Barnes seconded that motion. Vote: Ayes, 2; noes, 0. (Commissioner Gustaveson was not in the room for this vote.) The Board convened in executive session. Anne Barnes, Chair Paulette Pridgen-Pond, Clerk