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HomeMy WebLinkAboutMinutes - 19821214 1 1 001 MINUTES DECEMBER 14, 1982 1 The Orange County Board of Commissioners met in regular session on Tuesday, December 14, 1982, at 7:30 P.M. in the Commissioners' Room, Orange County Court- house, Hillsborough, North Carolina. Commissioners present: Chairman Richard .E. Whitted, and Commissioners Ben . Lloyd, Shirley E. Marshall,10 Norman Walker and Don Willhoit. . Commissioner Whitted said that in order to accommodate all those present . for Agenda Item D-3, Resolution of Congratulations, the Board would consider that . first. D-3 RESOLUTION OF CONGRATULATIONS • Commissioner Walker moved, seconded by Commissioner Marshall, to adopt . the Resolution of Congratulations for the Orange County Family Supermarket Wild- * cats upon the team`s winning the North Carolina State Midget Football Championship . for 1982. Vote: Ayes, 5; noes, 0. Commissioner Whitted read the Resolution for the audience and presented the . framed Resolution to Assistant Coach Larry Knight in the absence of Coach Joe . Cates. Members of the Wildcats were given a copy of the Resolution; coaches and . Wildcats were congratulated by Commissioner Whitted for their accomplishment. A. BOARD COMMENTS . Commissioner Whitted added four items for consideration: Obie property update, Big Oak Drive to the State Secondary Road system, Northside bid award, and Northern . Orange Youth Council Resolution; he also added an announcement. • Commissioner Willhoit said that the Golden Age Circle Club was having its annual Christmas luncheon on Friday, December 17th at noon in the Northside Multi- . purpose Center and the Commissioners were invited. • B. AUDIENCE COMMENTS -" Ms. Lane Cook said she was present for the consideration of CBA funding; there were no others in the audience who wished to speak. C. PUBLIC HEARING--MACE ROAD AND DUMONT DRIVE PARTICIPATORY PAVING-- PRELIMINARY A55E55MENT RE90LUTION Ms. Susan Smith, Planning Department, said that forty-seven of forty-nine property owners along Mace Road .(SR 1384) had signed the ,petition for Participatory Paving; she added that assessment was on a per lot basis and that all owners agreed 00 with the Preliminary Assessment Resolution. Commissioner Willhoit moved, seconded by Commissioner Lloyd, to adopt the . Final Assessment Resolution, accept the Certificate of Mailing offered by the Clerk, and to set the Public Hearing on the Preliminary Assessment Roll for January 18, 1983, at 7:30 P.M. for the Mace Road (SR 1384) Participatory Paving Project. . Vote: Ayes, 5; noes, 0. . Ms. Smith told the Board that the assessment for Dumont Drive (SR 1595) . was on a road frontage basis and the property owners agreed with that. Commissioner Willhoit moved, seconded by Commissioner Marshall, to adopt the Final Assessment Resolution, accept the Certificate of Mailing offered by the Clerk, and to set the Public Hearing on the Preliminary Assessment Roll for January 18, 1983, at 7:30 P.M. for the Dumont Drive (SR 1595) Participatory Paving Project. Vote: Ayes, 5; noes, 0. D-4 TAX REFUND/RELEASE REQUESTS Both these requests were tabled on December 6th to this date. Mr. Kermit Lloyd, Tax Supervisor, told the Board that both Mr. Cecil W. Riley and Brujest, Inc., had been notified of this meeting by both his office and . the Clerk to the Board. Mr. Cecil W. Riley was not present for this meeting. Mr. Lloyd summarized I. the request, saying, that Mr. Riley had sent in an agricultural use classification request for 1982 which had been granted; however, Mr. Riley also said that he �. had submitted a use classification for 1981 and requested such a classification >. valuation for the tract of land for 1981. Mr. Lloyd said the tax office had not received such a use classification request for 1981 for Mr. Riley's tract of land and had it done so a reapplication for 1982 would not have been necessary. Mr. Lloyd recommends denial of this request based on his finding that a timely submittal had not been received in the tax office for 1981.,, Commissioner Willhoit moved, seconded by Commissioner Marshall, to approve the Tax Supervisor's recommendation, i.e. to deny the request for agricultural use classification valuation for the tract of land owned by Mr. Cecil W. Riley for 1981. Vote: Ayes, 5; noes, 0. Mr. Lloyd summarized the tax release request of Brij.JPS*. T:-,c., saying that Mr. Berkowitz (President of the r_r.Yar,y) ;lad purchased Baskin-Robbins Ice Cream Store in IVV) an:, an estimated tax for that year; later the accountant • • had sent in the tax listing using the full purchase price as value. Mr. Berkowitz, who was resent, said that he had originally listed the full p purchase price for tax purposes based on information he had received from a clerk in the tax office. He said that approximately $30,000 of the purchase price was good will. Mr. Lloyd said he had visited the site and agreed with Mr. Berkowitz that the equipment is . not worth the amount on the tax books; he added that the equipment is about ten . years old. Mr. Berkowitz said that good will is not taxable as he had erroneously . understood the tax clerk to say. The County Attorney told the Board it could release or refund taxes on two bases: 1) clerical error; or, 2) illegal tax. It was his opinion that this case . falls into the latter category, that of illegal tax, there being no legal basis to tax beyond market value. . Commissioner Lloyd moved, seconded by Commissioner Walker, to grant the . tax release request for 1980-81 reducing the business personalty for Brujest, Inc., . by $31,238.00 and $30,544.00, respectively, because the additional tax was beyond . market value and,therefore, an illegal tax. Vote: Ayes, 5; noes, 0. D-5 PUBLIC HEARING REQUESTS Mr. Marvin Collins, Planning Director, told the Board that the developer of . The Timbers had missed the submittal deadline for the November Joint Public Hearing . by only two or three days and was requesting a special joint public hearing for , January 24, 1983, rather than waiting until the regularly scheduled February, 1983, Public Hearing. The Board noted that the NACo Legislative Conference would be held the last week in February and consequently that Public Hearing might have to be rescheduled. Commissioner Willhoit moved, seconded by Commissioner Walker, to have a joint public hearing with the Planning Board on January 24, 1983, for The Timbers, Mr. Freeland and any others who make a timely request for inclusion. Vote: Ayes, 5; noes, 0. D-6 TRANSPORTATION ADVISORY COMMITTEE Ms. Smith told the Board that under Federal law, Transportation Advisory Committees must be composed of elected officials and that, as the result of the latest census, Chapel Hill-Carrboro and two other portions of Orange County were included in the Durham urbanized area. The Commissioners need to appoint one of their members to serve on the Durham Area Transportation Advisory Committee 004 I. organizational purposes. Ms. Smith said the Memorandum of Understanding among 4 parties would need to be updated and revised to reflect the new composition of >. the Committee. '. Commissioner Willhoit moved, seconded by Commissioner Marshall, to appoint S. Richard E. Whitted to serve on the Durham Area Transportation Advisory Committee �. as Orange County's representative. Vote: Ayes, 5; noes, 0. ). D-7 CBA SUPPLEMENTAL FUNDING Ms. Lane Cooke, Chair of the Youth Services Needs Task Force, told the Board ?. that the Task Force had sent out a survey to ascertain needs of adolescents in 3. the County. Commissioner Willhoit moved, seconded by Commissioner Marshall, to I. approve the recommendation of the Youth Services Needs Task Force, allocating i. the following amounts in supplemental funds to: i. Sheaffer House $2,170 Maintenance, repairs, security deposits Janus House 1,282 Liaison worker and business space T. Tree House 1,777 Weekend counsellor and maintenance Phillips Project 553 Training component j� T57-82- Vote: Ayes, 5; noes, 0. 0-8 VEHICLE REPLACEMENT--SHERIFF'S DEPARTMENT The Manager summarized the Sheriff's request to purchase four used Highway Patrol Cars for use in the Sheriff's Department (see pages cq ltd ' a?9/of this Book 3' for details). Commissioner Walker moved, seconded by Commissioner Lloyd, to 40 approve the purchase as requested. Vote: Ayes, 5; noes, 0. 5. D-9 ABC ENFORCEMENT CONTRACT Commissioner Walker moved, seconded by Commissioner Lloyd to approve the 7° contract for ABC Law enforcement between the County, Sheriff and ABC Board. Vote: 3' Ayes, 5; noes, 0. 9' D-10 SHERIFF'S HIRING REQUEST The Sheriff has requested the hiring of antindividual as a deputy who is the 1 ° son of a matron presently employed with the County (see page of this book for 2° details). Commissioner Willhoit noting that direct supervision of either by the 3° other would not occur, moved to approve the Sheriff's request; Commissioner Marshall -. • seconded the motion. During the ensuing discussion, the County Attorney said it 5• is his opinion that GS .153A-103 does not apply to this particular case, since 6• neither of t!e principals ,c a -zlacive of the Sheriff; additionally, the Sheriff ras not yet opted into the County's Personnel Policy and therefore Article VIII 8° 9° 0. 0ofU Section 8 does not apply. to the Sheriff's Department either. Sheriff Pendergrass said that he wanted to conform to the County's Personnel Policy in all cases so that if he did opt into it he would not have a problem. Commissioner Willhoit said th4 in view of the Attorney's remarks as long as "there is not direct or indirect supervision it (ihe hiring requested] would be consistent with" the County Personnel Policy whereupon Commissioner Willhoit withdrew his motion to approve the request. Commissioner Whitted told the Sheriff he could take whatever action he deemed appropriate with regard to this matter. D-11 SUBDIVISION MORATORIUM Commissioner Willhoit said that Planning Staff was uncertain as to whether or not the Board had ever lifted its moratorium on major subdivisions in the watersheds; he added that such, action, he believed, was implicit in the action the Board took on July 6, 1982, on the Water Resources Task Force Recommendations. Commissioner Willhoit moved to clarify that the moratorium on major subdivisions in the University Lake and Upper Eno Watersheds was ended; Commissioner Marshall seconded the motion. Vote: Ayes, 5; noes, 0. D-12 ECONOMIC DEVELOPMENT COMMISSION - The County Manager reviewed the steps the County and Towns Staffs had taken to reach a synthesis of views for the proposed Economic Development Commission. The Manager noted some changes in the proposed Resolution; he noted that this was an initial start up budget. Commissioner Marshall emphasized that this proposed initial budget in "no way shows expectation for the future" and that there was "no expectation for limiting it" to the amounts shown here. The Manager said that the Commission would present its budget each year and then the County would ask for funding from the participating entities on these proportions. Mr. Watts Hill, Jr., from the Chapel Hill-Carrboro Chamber of Commerce, said that while the Chamber as a body had not approved this Resolution, he certainly did. Mr. Hill commended the Managers of Chapel Hill, Carrboro and the County for the good work they had accomplished. _ Commissioner Willhoit moved, seconded by Commissioner Lloyd, to adopt the Resolution Creating the Orange County Economic Development Commission as presented and with the changes indicated by the Manager. Vote: Ayes, 5; noes, 0. Commissioner Marshall complimented the Manager on a nice piece of work. D-14 OBIE PROPERTY UPDATE 000 The County Attorney told the Board he had received an offer to purchase • the Annie Riley Obie house from Mr. John Seelye on December 9th in accordance • with the Board's instructions of December 6th (see the Minutes of that meeting • for details). Commissioner Whitted read the Resolution accepting Mr. Seelye's • offer subject to conditions listed (See pagesJ0,5-.b-7 of this book for the • Resolution and offer to purchase). Commissioner Marshall moved to adopt the • Resolution accepting Mr. Seelye's offer to purchase the Obie property; Com- missioner Willhoit seconded the motion. Vote: Ayes, 5; noes, 0. •. D-13 BUDGET AMENDMENTS Commissioner Marshall moved, seconded by Commissioner Whitted, to approve . the budget amendments (please see pages 610'S1/of this book). Vote: Ayes, 5; . noes, 0. D-15 STATE SECONDARY ROADS--Added Item . Commissioner Willhoit moved, seconded by Commissioner Walker, to approve . the DOT recommendation that Big Oak Drive and Meadow Road be added to the State . Secondary Road -System. Vote: Ayes, 5; noes, 0. . D-16 NORTHSIDE CONTRACT--Added Item - . The Manager told the Board that at its meeting on December 6th the Board . had awarded the plumbing contract to Worth Plumbing of Durham for the Northside . Adolescent Treatment Center; however, Worth Plumbing is unable to obtain bonding . for the performance. The Manager recommends that the Board award the contract for . plumbing to the second low bidder, Sparrow and Sons for $11,255.00. Commissioner Willhoit moved to approve the Manager's recommendation to award the plumbing con- . tract to Sparrow and Sons for $11,255.00; Commissioner Lloyd seconded the motion. . Vote: Ayes, 5; noes, 0. . D-17 NORTHERN ORANGE YOUTH COUNCIL RESOLUTION--Added Item . Commissioner Lloyd moved, seconded by Commission Walker, to adopt the Resolution . recognizing the Northern Orange Youth Council for its work in Youth Involvement . Week. Vote: Ayes,5;noes, 0. (The Resolution is on page of this book.) D-18 ANNOUNCEMENT--Added Item rnmmissioner Whitted said that while voters had voted against Extended Area ;. Coverage for telephone service from Hillsborough to Chapel Hill-Carrourw, ,. Utilities Commission had added an optional toll calling service for Centel subscribers. . Commissioner Whitted related procedures to get the optional toll calling service. ;o 007 With no further business to come before the Board, Commissioner Walker moved, seconded by Commissioner Lloyd to adjourn. Vote: Ayes, 5; noes, 0. Richard E. Whitted, Chair Paulette Pridgen-Pond, Clerk y