Loading...
HomeMy WebLinkAboutMinutes - 19691201BOOK 7 PAGE 240 MINUTES OF THE ORANGE COUNTY BOARD OF COMMISSIONERS December 1, 1969 The Board of Commissioners of Orange County met in regular session on Monday, December 1, 1969, at 10:00 o'clock A.M. in the Commissioners Room at the Courthouse in Hill'aborough, North Carolina. Members Present: Chairman Carl M. Smith and Commissioners Harvey D. Bennett, William C. Ray, Henry S. Walker and Ira A. Ward.. Members Absent: None The clerk was instructed to forward to the State Highway Commission the road petition for Green Pines Subdivision. A letter was to accompany said petition regarding the FHA loan of Daniel Latta. Chairman Smith read a letter from Dr. Garvin in which he requests that the employees of the District Health Department be granted permission to close the Health Department offices the entire week of December 22nd through December 26th. The letter stated that each employee is willing to take the 22nd and 23rd as vacation time and that arrangements for the issuance of burial-removal permits would be made. Discussion ensued relative to rr. Garvin's request. Upon motion of Commissioner Walker, seconded by Commissioner Ray, it was moved that the staff of the District Health Department would be granted permission to close the Health Department the week of December 22nd through December 26th, provided that the days of December 22nd and December 23rd be charged to vacatin and that arrangements for the issuance of burial permits be made. Chairman Smith called for a vote. Commissioners Ray, Walker, Bennett and Smith voted aye. Commissioner Ward voted may. Chairman Smith declared the motion passed. Commissioner Ray stated that he felt that the county should consider the construction of a County office building for the Chapel Hill area as the various departments, such as the Social Services, the District Health, the Mental Health, the Drivers License Examiner and the Sheriffs departments were having consider- able difficulty in securing available office space. Discussion ensued. The County Administrator was requested to make a survey of space requirements for these departments. Commissioner Ray reported that he and Commissioner Walker attended the meeting of the Department of Local Affairs in Greensboro. He stated that this department was endeavoring to establish regional areas through which Federal and State funds could be administered. The Board was requested to suggest their perferred grouping of counties. The following counties were designated: Person, Caswell, Alamance, Durham, Chatham and Orange. Chairman Smith recognized Marvin Ray, who was accompanied by approximately ten citizens from Eno Township. Mr. Ray presented the following petition: "Gentlemen: Please accept this request on behalf of more than three hundred citizens that you act as soon as possible to apply zoning regulations in Eno Township. The taxed land represented amounts tomare than seven thousand acres held by a majority of resident landowners. We seek an orderly and congenial future development of land use in our area." Said petition contained seventeen (17) signatures and is to be filed with previous petition dated May 26, 1967, for the zoning of Eno Township. Chairman Smith advised the representatives that certain legal requirements must be instituted before a public hearing relative to the zoning petition could be scheduled. Discussion ensued with Lucius M. Cheshire, County Attorney, regarding the legal questions. Chairman smith informed the Board that the matter of offices to house the Drivers License Examiner had been discussed with him by a representative of the Town of Chapel Hill and that it was his understanding that the Town of Chapel Hill would pay forty percent (40%) of the money towards the rent of office facilities if the County would pay sixty percent (60%) of the rent money for said facility. Upon motion of Commissioner Bennett, seconded by Commissioner Ray, it was moved and unanimously adapted that the County accept the proposal made by the Town of Chapel Hill relative to the payment of One Hundred Dollars per month ($100.00) rent for the office facilities which will house the Drivers License Examiner at the ratio of 40%-60%. The County Attorney Advised the Bcard that there .,ere certain consents and resolutions ?::hich must be adopted by the Grange Countv Housinc Authority. The Grange County Board of Commissioners _diourned as R Board _ _ =tissioners and re-convened as Commissioners of the Cren e- County H?usinc _;uthori` The 5: 1)!I ;;line consent adopted. - "CONSENT TC IrE=TIYGI' WW, the undsrsicnAd Commissioners o= the Cra.nae County ousinc Authority, hereby accent service of the fore_oin- call of m_p._ inc, .__ . rinc any e.__ all irrAqu'erities in such service End such call, and conssntend acreethat s,-4d Commissioners of the Cr.anceCounty Housing authority shsl: meet the ti-:e and _-._-_ thexr?in mentioned, and fo.r the nurnose therein steted. .. .. -/s/ C. ti. Smith sl H. 0. Sennett Ira A. lard "i,e*e was presented to the meetine a copy of the Certificate of Appointment by the Chairman of The Board of Commissioners of Crange Countv, North Carolina, oz the different members of the Authority, duly verified, sho,sinc the names, dates of :^ointment and the times of the commencement And the end of the terms of office, ar_d the designation of Carl N. Smith to serve es the f_rst Chairman of the Authority. There wFs also present--2d a certified co^v of tl-e Certificate of Incorporation issued by the Secretary of State -:0hich izad attached thereto z copy of the aunlicetion made by each of the Ccmn'_ssioners for such incorporation. It also appears that each of the fo11o::i.nc named Commissioners, respectively, ._.__° duly accepted the appointment ?nd taken and filed his oath of office: Car1 'N. Smith, Harvey D. Bennett, _ra A. 'Ward, William C. Ray and Henry S. Walker. It appeari.nc that there ',!ere present 211 of the Co-.:-.issioners of the Crane Countv Housing Authority, so aprointcd, the fello'-:inc resolution .es then intrcd+aced by Commissioner War^, read in full by the Sec_ret=_rv tem and considered: RESCLUTICN NO. 1 RESOLVED, by the CotT.missioners that the Chance Count'_ Hal7sing Authorit'. be End hereby is orcani.zed pursuant to C Housing Authorities L'_, of North Carolina, and -ursuant to a Certificate of Incornoraticn issued i theSecretarv of State is nog.: authorized to transact business and exercise its fu-ctipr.s in its Mrea cf operation as defined in said Za ,. RE IT FURTHER RESOLVED t_^_at the fo11 o'.:inc byT - s be and tnov are hercby ado and p-=ied and for the Nvlaws of the Oranr.? roan*y r r Ft-°,ad BYLAWS CF THE CRANGtZ COUNTY HOUSING _.'=CRITY ARTTCT.E T - ATJ=HCRITY Section I. Name of A.uthc _tv• The name of the __...c..`_tv shall _ "Ora County Hcusinc Authori*.,;. - S° ._ion 2. Seal of A,thorit The seal f the A'_;'hc_ity shall i- the form 2 circle and shall the name of the:authcrity and the veer of zits or--anizmti,.)n. Section 3. Office _ Authorit: The offices of the authority shall be _._ Orange County Couthcuse in the T orn of Hills?Dorou h, State of Ncrt^ Carlina, , she i Authority may hold its meet--_ at such ether place __ i_ -ay desi;na.te by __solution. ARTICLE IT - OFFICERS Section 1. officers. The officers of the zluthcrity shall he a Chairman v Vice-Chairman and - Secretary. Section. 2. CI^ai.rman. T--.e Chairman shall preside at- all meetincs of ^ Authorit Exc,,? -t as ctheri^.ise authcrizedhv resolu *.ion of the xut^crity, the Ch=_irnanshall , el- contracts, deeds __^_d cth _ instruments _ _ made by te Al:thorit•?. _At each o+ing? the Chairma__ sha'_l submit such recommendations M __ion as ._ ...2'J conSiderf -roper concerning the business,affairs, end o17c;- c_t_^.e Authority•- Section 3. The `lice-Chairman s1,2" arfc_m the e d'1-es the Chairmen in thG' absence ofr'_nc?pacity of the Chair .a^ and c Se of theres`cna1'on .._ death of tho Chair.. =n, the Vice-Chai.rma.. _._a'_1 rfor.:. _uc'c unties as -_e im._ red on the Chairman until such ti^.,e as the ?.ut'-c-i' shall select - Chan- ...a--Section ?. Secrete.rv. The Secr4:arv shall tC? the Executive Director of the w Authority and, as such, she11 have cenerai s'ape!vision o-ver th- ad ministration of its business and affa.irs,sub;ect to the direction of y _ ,uthcrity. He shall ~e charerd -..ith the _..arace...ent of the hcuzino projects of the __ _ - T^e S ecreta.rv shall .. the records cf t e A.ut .^r uv, shall act as secretary of the meetincs of the Authcr v a .and record all votes , and shall record of the roceedtnrs of the Authority in - _Journa.l of tpreceedincs to be ',ept?fon a such purpose, and shall perform all du`- - iez incident hi= .- - .. -__-. He shall k_e inszfe ouscod•,r th.2 --f the authority and shall have po.•.,er to affix such __alto _-L contracts and instruments authorized to re _.._cutec v the A'-thnritv. --_ sn=11 have the care and custodv of all funds of t-e authority and shall deposit the ssmc in the n?me of the -uthcrity in such ban's or bar_:•.s Az: the Authority may select. The Secretarv shall sign 111 orders ar_d checks for the payment of money and shall raF,w cut and disbruse such monevs ender the direction of the Authority. Except a other- ncriaed by resolution of the 1+1tl-ority, all such orders and checks shall ccu_ntersicned :.v the Chairman. He shall r_ec.ular books of Accounts :got+,inc receipts rand expenditures and shall render tc?the Authori`y, at each recular meeting (ox oftener :hen requested), account of his transactions lso of the financial condition of the Authority. He shall cive such :bond for the? a _aithful performance of his duties as the Authority may determine. The compensation of the Secretarv shall be determined by the Authority, pro-ided that a temporary appointee selected from amonc the commissioners o the Authority shall serve without compensation. (other than the paynent of necessarv expenses). _i Section 5. Additional duties. The officers of the Authoritv shall ;erform such other duties and functions as may from time to time be required by the Authority or the b,rlai•,,s or rules and regulations of the Authoritv. Section 6. Election or Appointment. The C:-.airman and 'Tice-Chairman shall be elected at th•- annual meeting of the Authority from among the commissioners of the Authoritv, and shall held office for one veer or until their successors are elected and r._ualified. The Secretary shall be appointed by the Authority. Any person appointed to fill the office of Secretary, or any vacan=v th ~ _-,, shall hate such term aE the Au.thprity fixes, but no commissioner _ the Authcrity shill be eligible to this office except temporary appointee. Section 7. Vacancies. Should the offices of Chairman or Vice-Cha'_rma:! beccme vacF_t, the Authority shall elect a successor From its .e:rbcrship at the next recular nr and such election shall be for the un°xpired term o- said o_`ficc. When the effica of Secretary becomes vacant, the Authoritv s_.'_'_ ppoint a successor, as Section S. Additicna'_ Personnel. The Authoritv may £rcm time to time employ such .ersonnel as it deems necessary to exercise its - _s, duties, and functions as prFscri:.cd ay the Local WQlasinc Authorities La,., and all other 'aa:s of the State of Ncrth C?rolir.a applicable `hereto. The selection ar.c compsnsaticn of such personnel (including the Secretary) shall be determined by the Authority subject to the of the State c- North Carolina. ARTICZ,E III - MEETINGS Section 1. Annual Meetinc. The annual m.??t'ng of the Authority shall be held on the first Mondav in December._t 10:0C o'clock A. M. at the recular meetinc place of the Authority. In the event such date shall fall on a Sunday or a legal holiday, the annual meetinc shell be held on the next succeeding secular day. Section 2. Renu o le.r Meet.1 s. licnthly ,ieetincs shall be held •.aithout notice the regular m°*eting place cf the Au.thcrity ^n the first .'--'_cndav of each month at 10:00 o'clock A...M. unless the same sl--11 be a lecal holiday, in which event said meetinc shall be held on the next succeeding secular day. Section 3. S^ecial Meetincs. The Chairman of the Authority may, when he deems it ex^^edient, and shall, upon the ?rritten recuest of memsers of the A^ithority, call _ special meeting of tie Authoritv for the purpose of transact-nc any business desi.cnated in the csll. The Cal'_ For a special meeting m-v be delivered to each ^e..ber of the Authority or may be nafltd to the business cr :.me address of each amber of the Authority at least .wodavs prior to the date .._such special r..eetinc., Section 4. Qucrum. The pc:•iers of the Authoritv shall vested in the Commissioners thereof in office from time to time. Three- Commissioners shall constitute cucrum fmr the purpose of Conducting its business -nd exercising its po-ers and for all other purposes, but a smaller number may adjourn from time to time until a cuorum. is obtained. When a quorum is iattendance, action -.av he taken by the ;uthority upor. a vote of a majority of the Commissioners -reset. Section 5. Cider of 3usiness. At the recular meetings of the Authority the fpllowirc shall be the order o= business: f 1. Roll call; 2. Reading and a oroval of the minutes of previous meeting; 3. Bi115 an c: communications; L. Report of the Secretary: 5. Re:^orts of Committees; 6. Un?inished business: 7. _ b,. -c -- -ss; S. Adjctrnment. all resolutions shall be in ^-,ritinc end shall be conied ir. _ iournel of the _roceedincs of the authority. f Section 6. Manner o£ Votir_c. The voting on all cuestiens coming before the Authoritv shall be by roll call, and the ye2s and navs _hall be entered upon the ..mutes of such m_etinc, except in the Case of elections -when the -rote ma•: be b-r ballot. ARTICLE IV - =E:d?,= N^15 ndments to 5vla.s. The bvlar.-s of the :trorit•. s-all be Am-=r_ded or_ly c•:-t.. the _,_royal of at least three of the em:rers the A'athcri'c_ - recu ln- or special !-)",at no such amFndr..e._ shat- ire adcptsr' unless least even d=v' ,,:.rittsn notice thereof has been ?,=e,,-iousl+,• riven to all ..- the members ofsthe- Authority. LEG. L CPINICN T h:_ve excemined, in the office of the Rec_is`er Deeds of Ctan,e County e records of tne (reai,aalr) meeting of the Board of Commissioners of. Cranoe County on the 2nd day of September, 1969. Said meeting way duly call-ed prop held in accordance rules and re ulations 7romulgated prusuan` __-to. _-_ _ -d rneeting there , ':as _ lly and raperly pc.ssed a_nd adopted, RESCL._TICN 3ECL.-_RI"_- NEED FCR _y WCUSING UTHC;aITY TO FUVT IUT -NN THE CCII:,'^Y CF CRANGE NCRT C. -•- .. I do hereby c?.rtifv that said resolution a^d t'-e actions t-ere ,._r co^tem,?l-tad _ _ nfcrm ace th- and ar not 'c^-t-arv or pro-ibi __ _ the l= . cf tho Sta _ of V iNorn _thrCarolin .. The foreccinc legal coinion -_ndered this t'a 8th da- Dccc_... er, _96'9, by in my rapacity as the duly ,pointed and cu-lified ..__nt?'?..ttorr.ev?of the County of Crance. - Ls/L•a ius '•r Cheshire .ttorne_y the county of Orange SE IT FURTHER RESCLAED that the _r^orate seal of this Authority shall consist of _ circular device and shall have__.scribed the name of the Authority and. the year of its organizeticn and the Secretary `_s hereby directed tc purchase sage. Such seal is hereby adopted as the seal of +_.. ..uthority. After discussion the rasolutio:, Cor..^.issioner .l=ard -.ovsd th°t raid resclutie7. be finally adopted as introduced and re-.d. The motion :as seconded by Commissioner Bennett. The ,uesticn being put upon the tine' adoption of ._id resolution, the roll celled ,:i=h the followinc _esu_t: Ayes: Carl N. S ith, Harvey D. Sennett, Ira W°_-d, Willi a-m C. Ray and Henrv S. Walker. Nays. None The Chairman declared such motion carried and the reso'_utien finaliv adopted. Thy Chairman announced th=t it s:as in order to elect t..e officers of th= ? Authority to serve until the next annual mentine or .nail their successors =re chcsen ?nd cualify in their stead. r Comm=scion. or Bard '..as nominated for the office 0.6 vice-Chairman, and there being no further nominations, tr_ CTS--rmsn declared that the s=aid Commissioner pad been duly e'_QCted to the office of Vice-Chairman of the ?-uthc.ri +r. It bei.na determined that the office of Secretary shc•,ld not be perr.^aner_tly filled for the presant, it .:as decided to select one of the Co=!Fsioners of the rutheritv ,:. to serve as Secretary "ro, _m., withc+.:Lt compensation ether __a.n for necessary peaces. Thereupon it moved v Commissioner ';lard that Henrv S. Wal:cer, one of the I. Commissioners of the Authority, be appchted to the ..ffice of Secretary pro -ern, serve a such, tri thout compensation _cther ___- _ for necessary e ense until _ permanent =p^ointment --d 'been :'fade. The m.ot cn w=_5 secondedbv Commissioner B=n-tt and t ereupoy the Cl..airman put the question on the adoption of the motion. _ vote beinc te.i•:nn, it -As found that said motion h-d received _ffi_ma t. ive vote of _ ...=7cri4-y of the Commissioners, nd thereupon t--e Ch=airman declared the same duly ado^ted and Commissioner Walker appointed." It +,!as moved and seconded that the meeting of Cor•rr'ssicners of tr-e Grange Ccunt- ttousinc Authority be _ adjourned and that the meeting of t..e Commissioners of the Cranre Countv Board be ra-convened. The County Attorney ores^nted an agreement from Cos-'riat Dairy.Distributors, Inc. rz?lx,itive to the Tom Burnett property, i•rhich is covered by a Welfare lien, for the sicnature of Chairman. Smith, The Cos-Wat Dairy Distributors, Inc. ,:,ere aareeinc to 1 pav $5,000.00 for the release of said property c,ith the understanding that $',COO .could be paid in 1959, and $1,000 plus 696 interest would _d be raid on the first of December on each succeeding vear until tre principal sum. had beer. raid in full. It ;as further agreed that the County c•;ouldsatisfy the old ?ce assistance lien on record ar_.einst the property and .,,ould execute consent judgment and ,!ould not levy against said property as long as the terms of the agreement relative to naymer_t of said principal uJere met. Upon motion of Commissioner Bennett, second=_d by Commissioner- walker, it ,,!as moved and unanimously adopted, that Chairman Smith be authorized to sign the agreement bet•;;6e.^_ Cos-Wat Dairv Distributors, Inc. a:-.d Crance County. The Countv Attorney presented a release deed from. Or=ange County to Dalton H. Loftin, ecting as Commissioner for the George ;ilscn Dodson Estate. The County Attornev stated that the court had a-a?ointe? Mr. Loftin as Ccnmissioner to settle the estate of George Wilson Dodson o? 'which Josie A. Dodson, and Ida Dodson owned one-eighth (1/8) undivided interest and thst S_zid _n__ --rest in said property is covered by Ws_fa.re liens _ecordec in lien book 3 page 163 and lien bco,c 5 pa-e,349. ---u said property was sold at public auction and the one-cichth (1/8) interest of osie A. Dodson s^d Ida Dodson -mountS tc ;3,986.36 which would be deposited to the County =unds. -j^on motion of Commissioner Ray, s r_cndcd by Ccmrrissicner Ward, it was moved and ', nimcusly adopted that Chairman Smit- b,e aulthcrized to si, •.n - , ,n the release deed from C;ar_ceCcunty to Dalton -. Loftin, Commissioner. iscussicn ensued relative to the dates for _ 7ubli_ hearing on the zonin petition __'_ed by residents cf Eno To,:rr_ship. _ ,: . L.70n_ moticn Of Commissioner. Sennett, seconded ' Ccmm.issiene- Ward, it c-!as -.o«ed and unanimously ador_tsd, that the public hea_inc on the '7e-ition for zoning of -no Tovwnsh'., be held on Thursday, cnua.rv 15, 19-70 , - F.if. in the SupBrio- Courtroom of the Courthouse -n Hilisborouch. Upon motion of Commiss io= Rav, Second e?d by CoT=i9s?'pner '.•I al:Cer, Choi r mmn Smith __ authorized t o sign the following Blind r,id :_cenda: AID TC THE BLIND AGENDL , December 1, 1969 R^vis4on Name Eff. Date A:ncunt Reason Julia Allred' 1-1-70 Sli! to S1,'3 C.._r.C2 in A3 manual policv clsie Council 1-1-70 £ S3 to $ 71 Yncrea5ed resources E other hud_e_ary _.__e5 Julia Fisher 1-1-70 S1_6 to .$187 C-man:a in AB manual policy Betty Ann Horne 1-1-70 S 68 to $ 73 Chance in A3 manual poli.cv Dora Winston 1-1-70 $ 88 to $ 93 _..._ !- In r,3 mar..ual policy T.erminetion Novella Sixes 12--1-69 $256 Death on 11-29-69 U,= motion of Commissioner 'Walker, seconded by Ccmmiss'-over Ray, it was moved and unanimously adopted that all County 2m.plcvees ,could be c.-ranted Christmas Eve, Christm=.s Da-v and the day after Christmas as a.:holida,. The County Attorney advised the 3card that he had researched the matter of pauper buri?.ls and that the County had no authority to use public funds for pauper burials. The Count%? Attornev cited the following General Statutes: G.S. 152-5 provides that -here the coroner holds an incuest ever the body of a pauper, he shall be entitled to recover the actual cost of burial, said cost to he approved by the County Commissioners and paid by the County. G.S. 13C-193 sets forth the cases in which 't 's - necessary to notify the medical examiner (evidence of crime, suicide, bile an inmate, or under supicious, unusual or unnatu-al circumstances) G.S. 130-202.2 requires the medical examiner to notify the corner in those cases set forth in G.S. 130-198 and recui;es the coroner, in such cases, to conduct an i___uest. G.S. 153-161 provides that the County Commissioners are authorized to a^r,rooriate $25.00 from th°reneral funds to ,,rcvide for the burial of a. Veteran of the recent Wv ;ld 1a; :;hose estate i5 insolvent. This w• s enacted in 1923 end •!ould alp^arently apply onl•,- to =?crld War. 1. G.S. 90-212 requires of ?Very r.ublic officer, any body required to be buried at r`uhlic exrense :_e turned aver to the N. C. Board of -_na.tomv. Upon motion of Commissioner Ward, seconded :cy Commissioners Bennett and Ray, it .•7e.5 moved that $":^ previ Ous motion of Commissioner -=nett, relative to t.^.e date, olace and time of th^ `_^uzliG hearing on the zoninc petition, be amended and that the date for said public :_earinc `.Mould he aesic_^.atsd in Thursday, Jan,,;nrv 29, 1970, at 3 P.'t, in the Superior Courtrc= of the Court.. se in Hillsborour'n. Chairman Smith called for a vote on said motion and there -.sere 5 aves an.'_ 0 r_ayes. Chairman Smith advised the 3card that his term es Chairman of the 30ard and the term of Commissioner Walker as Vice Chairman of the Bcard would expire as of December 1, 1969, and that the Board must elect a Chairman and ':'ice Ch=irma.n. The County Administrator prepared .slips for the electron. Ballots ':ere cast by each member of the Board. Commissioner Smith was elected as cf the Board and Corm.issioner We.'_kcr was elected as Vice Chairman of the Board. Discussion ensued rela*_ *= to the secondarv and primarv road rog-am. as the 3card had been advised that Orange Ccunty :ould be -'located monies for t"8 _mprcvament cf roads in the County. The 3oerd proceeded =_ the petitions on file .:4th the Cler... Discussion ensued ;elat'_ve to the plan u for the iT, rovc..,_nt Hi_hi,.ay 54 between Chc,,pel ;ill and =r a.._.... Cha.irm._.__ Smit ailed the fc11..,:in9 ite_.. Iith the clerk. 1_ tietiticns _'upport c-;: th C^_e Cen` Scales i=x.. 2. eterans Sarvice Report 3. Board ..._nutcs for t- Pl._._.. . ,;nci' for Central North Carolina. C. ?OarCa. ...-....:tee FOr JO-n_ C r. ?j n; t:nit_ _ =i,^n, T„4. 1Te,:!sletter from C anel 'i_'l-C-rrbcro Multi-Pur-cse Cart.=_r. Trere beir_c re furt:,Ar business to ome before the Board, the meet'nr C=_rl M. S°^ith, Cheirmen r. Betty -une Hayes, Clerti: