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HomeMy WebLinkAboutMinutes - 19850917M I N U T E S ORANGE COUNTY BOl1RD OF C~Il~IISSIONERS RF]GUL,AR MEL'T7~TG SRS 17, 1985 000~'G The Orange County Hoard of Commissioners met in regular session on September 17, 1985, 7:30 p.m. in the Courtroom of the old Post Office, Chapel Hill, North Carolina. COMMISSIONERS PRESENT: Chair Don Willhoit, and Cceranissioners Shirley Marshall. and Moses Carey. CONA'IISSIONERS ABSENT: Caa[enissioners Ben Lloyd and Norman Walker. ATTORI+IEY PRESE[~:_ Geoffrey Gledhill. ~~E'~'- PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers Albert Kittrell and William Laws, Clerk to the Board Beverly A. Blythe, Secretary Sylvia Clements, Coordinator of the C~¢nission for Women Verla Insko and Sheriff Lindy Pendergrass. A._ BOARD C:CNA7ENTS Commissioner Marshall questioned the purpose of the executive session and Chair Willhoit indicated it was to discuss possi)ale litigation. She requested a discussion on the solicitation of ads by the Parks and Recreation Departmer-t for the calendar and questioned to whom and how the calendar is being distributed. ~ - ~!A_~!T. -P4tIl~TTID AGEAIDA Several in the audience indicated a desire to speak on the Massage Ordinance. ~~ MARTF:Rfi_ IS7T OK THE PRINTED AGEBID~ None. C. MIN[fTE'S Postponed. D' - -~ggOTnTPMF!ATi!R rN~ Motion was made by C~.issioner Marshall, seconded by Con4ni.ssioner Carey to reappoint Dan Iunsford and Mildred Council and appoint Earl Newsome to the Council. W-TE: UNANIMOUS. rr~zFAmI~1A~ PARKS ADVI.~F~t OdU~IL Motion was made by Coarenissioner Marshall., seconded by Calt¢aissioner Carey to reappoint Ran; Hurow and Doris Murrell to the Council, and to appoint Richard Q. Ward, Jr. as a representative from Cheeks Township, move Ronald W. Hyatt to fi11 the Chapel Hill Township vacancy and to appoint Myra L. Crawford to the AT LARGE vacancy. VOTE: UNANII~LT$. Motion was made by Commissioner Carey, secorded by Co~missioner Marshall to appoint Dr. Walter R. Patten to the Board. VOTE: i71+~T.DKOUS. gnr raA~ mbar Motion was made by Commissioner Marshall, .seconded by Camm;.ssioner Carey to appoint Edwaard Louis Latta to the Task Force. VCn.'E: Ui~T~'IO[JS. ~.ti_ _REPORT - .~~~~IEN (Complete report is in the permanent agenda file in the Clerk's office). aoo~~; Coordinator Verla Lesko gave an overview of the report. Coil McClain Hayes, Chair of the Coaunission for $4-85 was present to answer any questions. E D S (A copy of the proposed Ordinance is in the permanent agenda file in the Clerk's office). County Manager Kenneth R. Thomg~son presented for further consideration the Ordinance for the Control of Massage and Massage Establishments arr] outlined the revisions made since its presentation on August. 20, 1985. They are as follows: 1. Ameryd Section ].-4, (S), (1) to add the disclosure of any aliases, address changes over the prior 10 years (both owned businesses and residences). sex, social security number (optional), aril past military number; 2. Substitute a new Sec. 1-4, (C) to wit: The applicant shall sulxnit as part of the application two recent photographs of the applicant's head and shoulders. of a size and quality prescribed by the County Manager; 3, Delete Section 1-4 (C), 1 acrd substitute a new Section 1-4 (D) which reads: Tf after completing the preliminary investigation of the applicant using the information obtained from the applicant required above, the Sheriff sha11 dean it necessary to positively identify the applicant in order to confirm a fact necessary for the applicant to be licensed, the Sheriff shall present the information upon which he has made this determiration to one of the Judges of the District Court in the l5B Judicial Distract. If the Jtadge shall determine, from the information presented by the Sheriff, that there is probable cause to believe that a fact revealed in the Sheriff's investigation would disqualify an applicant from receiving a license under this ordinance, the Judge shall order and authorize the Sheriff to confirm that fact by the use of fingerprints. tnfien such an order is issued, it shall be the added responsibility of the applicant to submit his or her fingerprints, taken by the Orarye County Sheriff's D~trr~t, as part of the application required in subsection ($) of this section. 4. Arid an additional "Section 1-12. Transfer of License Prohibited"; 5. Add similar revisions as outlined in 1 through 4 above to licensing requirements under Section 1-3. Licensirx~ of massage business operators. Sheriff Lindy Pendergrass endorsed the changes as written alcove. He explained that applicant cards are not criminal history cards which stay i.ri the computer forever. Applicant cards are used for identification and stay in the local office for just that purpose. A background check cannot be made without the Social Security number. He endorsed the new Section A-4 (D) in requiring the deternux~ation for further investigation to be approved by a district court judge. (~OOw~~ Cmnmissioner Carey questioned why the concern on prohibiting persons with previous records from obtaining a license was not addressed. Attorney Geoffrey Gledhill explained that it is the State's practice that misdemeanors stay on a persons record for a period of five (5) years where other more serious crimes stay on a persons record fora longer period of time. The Sheriff cannot access the national system for record checks for local licensing requirements. Allen Stotts spoke i.n support of the recoaaanerrled changes ax~ci recomanended approval of the Ordinance. Rick Rosen spoke in support of the recxtt~mended charges and endorsed action by the Board. Tema Leonarz spoke in opposition. She feels there is a more acceptable way to deal with those breaking the law. She read and presented a petition signed by 80 people opposing the adoption of the ordinance. Gcanmissioner Carey thanked the staff, the sheriff and those people in the audience for working together in finalising the Ordinance. Motion was made by Cr~canissianer Carey, seconded by Ccx[nnissioner Marshall to approve the Massage Ordinance to include the revisions listed by the County Manager and the five year period for convictions to be effective November 4, 19$5. Chair willhoit stated that with the events of recent months, the Sheriff's office has had an increase in demands which has necessitated a lot of overtime hours. Additional staff added at this time would help alleviate the workload ratio and reduce the mm~ber of overtime hours of the present workforce. Sheriff Pendergrass indicated that with the increase in hwnicides in the County, 2299 hours overtime have been worked since July 1, 1985. He presented a printout to the Beard outlining the types of crimes that have taken place in the County and the number of man hours required. The three new positions would help decrease the number of overtime hairs and give so¢ne flexibility for repaying c~asatory time. Motion was made by Ccamnissioner Marshall, seconded by Ccm¢nissioner Carey to authorize the recruitment of three (3) law enforceneaat personnel and the necessary equifs[~at. The Manager was requested to bring back to the Board a budget amendment for personnel a~ capital. W. A. Scott. Resident of Hoaraestead Road, C.T. Raytor, representative of Orange County Crimestappers, Mary Bacon and Carl Walters spoke in support of the Sheriff and asked that the Board approve the addition of three (3) law enforcement personnel and the necessary equipment. W1'S: ilt~NII~JO[lS. Ren Thompson explained that the ~xat 9.s to budget for an additional appropriation which wi11 ccanplete the County's portion of the agreement with Farmer's Hcxne Adnunistration for the Efland Sewer Project. The ` Amea~meni does not require additional funding by the County. It transfers an appropriation (roan the County Capital Projects Fund to the Efland Serer Project E`und. Motion was made by Caamnissioner Marshall, seconded by C~anissioner Carey to transfer a 520,000 appropriation fraan the County Capital Projects Fund to the Efland Sewer Project Fund. crrr+~. rmra*mnrerc ooo~~:o ~ JD p (A caa~lete copy of the report and recommendations on Joint Planning prepared by Alice Gordon and Alice Ingram is in the permanent agerxia file in the Clerk's office) The Board reviewed the questions on page 3 of the report and had no ca~enents . Chair Willhoit questioned the term "infill" and notes] that the caracept of infill discussed by the Joint Planning Cos[ua3-ttee several years ago, involved the utilization of vacant lard adjacent to existing development and that the idea of using it for high density development was not a prevalent thane at that time. Infill development should be at the same density as the existing surrounding development and characteristic of the area in which the infill is taking place. Referring to "operating principles" related to University Lake watershed. Chair Wi7.lhoit indicated that the current Iand Use Plan and Zoning Ordinance addresses the issue effectively at this time. He suggested using the phrase "transition areas" instead of "joint planning area" in reference to water/sewer extensions. Chair wil].hoit questioned the .meaning of spillover growth and indicated it will occur and be difficult to control iri Durham and Chatham counties. Canmissioner Marshall suggested that the County work very closely with Chapel Hill and Carrboro since they will deal. with spillover of growth into adjoining counties through annexation. Motion was made by Caatmissioner Grey. seconded by Cceenissioner Marshall that a response be sent .to the Planning Board Chairs outlining the above conments. VC~E: Z]NANIMOCIS. Postponed. G. ~~ Motion was made by Caatunissioner Marshall. secorxied by Cam~nissioner Carey to adjourn into F~ecutive Session for discussion of possible litigation. VC~E: Ut~1NTM0US. A. ADJOLiRI~ Chair wil]hoit adjourned the. meeting. The next meeting will be held on septeirber 3U, 1985. Don Willhoit, Chair Beverly A. Blythe, Clerk