Loading...
HomeMy WebLinkAboutMinutes - 19701102MINUT.~'.S OF THE OR4i7GE COUPdTY BOGK ~ PAGE ~grJ BOARD OF CONL2ISSIONEi1S November 2, 1970 The Board of Commissioners of Orange County met in regular session at 10:00 o~alock A,M. on Monday, November 2, 1970, in the Staff Roem of the Social Services Building at Hillsborough, North Carolina. Members Present: Chairman Carl M. Smith and Commissioners Harvey D. Sennett, William C. Ray, Henry S. Walker and Ira A. Ward. Members Absent: None Minutes of the previous meetings were read and approved. Chairman Smith recognized Coolidge Porterfield, Executive Secretary oP the Orange County FIousing Authority. Chairman Smith adjourned the Board of Comml.saivnera and acid meeting was re-convened as a Board of Commissioners for the Orange County Housing Authority. Mr. Porterfield read the miautea oP the Orange County Housing Authority meetings. For other business of this meeting see minute docket of the Orange County Housing Authority. Chairman Smith adjourned the Board of Commissioners Por the Orange Covnty Housing Authority meeting and said meeting was re-convened as a F3oard of Commiaslonera. Chairman Smith advised the Board that action must be taken on the amended Cooperation Agreement which had bean adopted by the Orange County Housing Authority. The following resolution was introduced by Commissioner Ira A. Ward, read in full and considered: RESOLUTION TO AMEND THE COOPERATION AGRESt+lBrlT BETWEEN ORANGE COUNTY HOUSING AUTHORITY AND ORANGE COUNTY, NORTH CAROLINA, DATED THE 1FTH DAY OF MAY, 1970, AND AMENDED JUNE 23, 1970. WHEREAS, the Orange County Housing Authority and Orange County, North Carolina, have entered into a Cooperation Agreement dated the l~.th day oP May, 1970, and amended June 23, 1970, and whereas, said parties deair® to amend said agreement: NOW, THEREFORE, BE IT RRSOLVx.,D that said Cooperation Agreement be amended to read as follows: 6. In reapeat tc any Project the Municipality Further agrees that within a reasonable time after receipt oP a written request therefor from the Local Authority: (a) It will accept to the extent it can lawfully do so the de~iaation of all interior streets, road a, alleys, and adjacent side- walks within the area oP such Project, together with all storm and sanitary sewer mains in suah dedicated areas, after the Local Authority, at its own expense, has completed the grading, improvement, parings, and installation thereof in accordance with apeaificationa acceptable to the Municipality, (b) Tt will accept to the extent 3t can lawfully do so necessary dedications of land, for and will grade, improve, pane, and provide sidewalks Por, all streets bounding such Project or necessary to provide adequate access thereto (in conaiderat9.on whereof the Local Authority shall pay to the Municipality such amount as would be assessed again at the Project site for suah work if suah site were privately owned); and (a) It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to suah Project and serving the bounding streets thereof (in cenaideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned provided that the Municipality will not be so obligated until such facilities are furnished by the Municipality to other residents of the area(s) in which the project is located. 1 I BGu~ ~ PAGE 3~~ Commissioner Ira A. Ward monad that the Foregoing resolution be adopted as introduced and reed, which motion was seconded by Commissioner Harvey D. Bennett, and upon roll call the "Ayes" and "Nays" were as Follows: AYES: Carl. M. Smith, Harvey D. Bennett, William C. Ray, Henry S. Walker, and Ira A. Ward. NAYS: None The Chairman thereupon declared said motion oarried and said resolution adopted. Norman Long, Zoning Officer, was present to present the recommendations from the County Planning Beard relative to the following reaueat for re-zoning:.. 1. Cn the request of Mr. Ted Williams for rezoning approximately 18 acres to a Mobile Homy Park, the board recommends denial. 2. On the reaueat of Mr. W. M, Hicks Tor rezoning approximately 8 acres to a Mobile Home Park, the board recommends approval. 3. On the reaueat of Berini Bros. lnveatment Company for rezoning approximately 37.67 acres to a Mobile Home Park, the Board recommends denial. 4. On the request of Berini Bras. lnveatment Company for rezoning approximately 2.b7 acres to a General Commercial District, the Board recommends denial. Chairman Smith recognised Marshall Spear a, Attorney at Law, Durham, North Carolina. Mr. Spears stated that he represented the Berini Bros. Investment Company. Mr. Spears reouested that a final decision relative to the reaueat of his clients to re-zone property in Eno Township be postponed until the results of a percolation teat on said property could be secured. IIpon motion of Commissioner Ward, seconded by Commissioner Sennett, it was moved and adopted, that no action would be taken on any of the recommendations received from the County Planning Board and that all cation would be deferred until the December meeting. Chairman Smith recognized Curtin Bane. Mr. Bans stated that he was President of the Eno Fire Department Association and that he was present as a representative for the said fire association to reaueat that the Board establish afire district which would extend in a four mile radius of the fire station whioh is boated in Eno Township. Discussion ensued relative to Mr. Bane's reaueat. It was pointed out that the four mile radius would include territories now under the furisdiation of the Hillsborough Fire Department and the Durham County Fire Department. The Board suggested to Mr. Sane that he contact the Hillsborough Fire Department and the Town of Hillsborough in order that an agreement might be reached between the two fire departtnenta concerning the areas which would be serviced and that a description of the area to be serviced by the Eno Fire Department must be presented to the Board prior to the enactment of any resolution to establish a Fire diatriot for the described area. IIpon motion oP Commissioner Walker, seconded by Commissioner Ray, it was moved and adopted, that the Eno Fire Department Association proceed under the provisions sat out in the General Statutes for the establishment oP a fir® district. Chairman Smith advised the Board that he had pursued the matter of making some type oP renumerations to the North Carolina National Bank for the fiscal year 1970, with an Official of said bank. That he had been advised that the bank did not wish to have any payment for said faoilitiea for the current year. Discussion ensued ralatine to said matter. Upon motion of Commissioner Bennett, seconded by Commissioner Ward, it was moved and adopted, that as of Sanuary 1, 1971, the County would Forward to North Carolina National Bank a check in the amount of $5!}O.CC which would represent the County's percentage portion as agreed upon last December between the County and the Town of Chapel Hi11. The clerk was instructed to advise the Town of Chapel Hi11 of the action taken by the Board of Commissioners on this matter. BGGK 7 PAGE 31~ Disouasion ensued relative to the matter oP the revenue being received Prom the Counties which have adopted local sales tax. Commissioner Ray and Bennett suggested that a joint meeting oP all interested governmental agenaiea be rev_ueated to attend a joint meeting Por the purpose of diacusaing the Peasibilitq oP calling a Local Elption Sales Tax ~eotion Por Crange County. IIpon motion of Commissioner Ward, seconded by Commisaionera Bennett and Ray, it was moved and adopted, that a joint meeting would be scheduled For Tuesday, November 17, 1970, at 8 P.M, in the Comtnissionera Room at the Courthouse in Hillsborough and the Clerk was instructed to advise the Town Managers of the Town of Mebane and Chapel Rill, Mayor of the Town of Hillsborough sad the $uperinteadents of the Chapel $i1k-and Hillsborough School unite. That said --• meeting had been saheduled Por the purpose of discussing the Loaal Option Salem Box Election. Commissioner Walker reported that the meeting which he attended at the - Town Hall in Hillsborough on October 6, 1970, was Por the purpose of advising those present that an industry was interested in locating in the area, Chairman Smith presented a letter from the Caswell Center which was requesting a Christmas dgnation Por the school. No action was taken on said request. Chairman Smith presented a letter From Robert H. Peek, TOwn Manager. - Said letter stated that the Town was interested in obtaining a sidewalk along Eaten Drive between the Eaten Righ School and Airport Road. The clerk wsa instructed to acknowledge receipt and write the State Highway Commission inquiring as to the ssaiatanee which might be available Prom the State Highway Covanisaion. A letter from Dr. John A. EY+~ing, Interim Director for the Center of Alcoholic Studies, was read bq Chairman Smith. Dr. Ewing stated that due to-the lack of Funds he wsa requesting that all tax paid liquor seized bq the Orange County Law EnPoraement CPficers be turned over to this Alcoholic Btudy Center, as Alcoholic beverages were needed in the treatment of patients and the research aspect of the program. Diecusaion ensued and the County Administrator was requested to contact the Sheriff and the ABC Board in order to determine if such alcoholic beverages could b® mad® available to the research center. _ Chairman Smith read a letter from Fred T. Clayton, Principal of Orange High School. $aid letter advised the Board that two students have been chosen to serve an the Good Neighbor Council. They are Nancy Webster and Rosa Thompson. Nancy can be reached at this address: Route 2, Mebane, N. C, and Rosa can be reached at this address: Route 3, Boa ~7H, Mebane, N. C. Upon motion of Commissioner Ward, seconded bq Commissioner Walker, it was ' moved and adopted, that Nancy Webster and Rosa Thompson be appointed as members of the Orange County Human Relations Council. ~ ~ i Commissioner Raq advised the Board that Sheriff Anight had renuested him to bring the matter of the parking lot problem to the attention of the Board and that the Board consider enacting a Parking Ordinance. The County Administrator advised the Board that the parking lot had just been re-paved and that no parking signs were to be painted on the areas of the lot which heretofore had been lacking such signs and that he had ordered signs which would notify the public that anyone perking in an unauthorized area would be towed away at the owners expense. That he planned further to contract with two local garages for the towing service. j Commissioner Ray advised the Board that the Sheriff had advised him there was a possibility that a topless night club would soon be opened in the County and that the County would need tc enact an ordinance against such a club before the Sheriff~a department would have any jurisdiction. Di.acusaion ensued relative to the SheriPf~s reoueat. This item was referred to the County Attorney who was reduested to investigate and advise the Board as to the type oP ordinance needed to control the situation. Chairman Smith presented a letter from Virgil R. Wilkins, 8r., Manager of the Town of Mebane. Said letter advised the Board that the Taglor property on East Center Street Extension was still under conaidaration as the proposed site of a mobile home industry. Another letter from R. J. Phelps, Mayor of the Town of Mebane was presented reouesting that the Board advise them as to their plans relative to the installation of a water line which would serve six residents on East Canter Street ES[tension. Diacusaion ensued relative to the two letters. The Board agreed that they could not justify the expenditure for the installation of a water line which would onlq serve six reaidenta. ~• Upon motion oP Commissioner Bennett, seconded by Coidmisaioner Ray, it was moved and adopted, that any action relative to the installation of a water line, by the County, to the East Center Street Extension area be postponed until a positive committment had been received that an industry would locate somewhere in the Center 3trest area. BGGK ~ PAGE 3~$ The Board agreed to meet with Quentin Patterson and representatives of the Soil Conservation Service on Monday, November 9, 1970, at B P.M. for the purpose of discussing the Seven Mile Creek water project. Upon motion of Commissioner Bennett, seconded by Commissioner Walker, Chairman Smith was authorized to sign the following Blind Aid Agenda: AID TO TH$ BLIND. AGENDA November 2, 1970 NAME EN'F'. DATE AMOUNT _ NEW Nannie W. Baker 11/1/70 126.00 Samuel Clyde Sduirea 11/1/70 DO RTsS-ISI ONS Nellie. Cates Moors 12/1/70 3I} - !}0 Sulia N. Allred 12/1/70 1!}8 to 1.LF6 REASON inauffiaient income income eaceeda needs incl. allowance for debts and medical transportation decrease cost in dry cleaning sAME Robert Banks Hobby 12/1/7D 197 same Matilda Pickett 12/1/70 199 same Commissioner Bennett reported that no satian had been taken by the Ambulance Service committee which was vamoosed oP two Commissioners and two Town Aldermen. Chairman Smith stated that the Town oP Chapel Hill would provide same funds towards the ambulance service coat, however, it was his understanding that Chapel Rill Funeral Home might b® interested in rendering ambulance service to the Southern end of the County. Further discussion ensued. Commissioner Bennett-inquired as to what disposition had been made of the tax value request concerning a non conforming lot which wsa located at Clayton and Arboretur,~-Road,, and which was used as a playground in the Coker H311a area. The County Administrator advised the Board that this matter had been placed on the agenda for the Board of Equalization and Review and that the Board aY Commisaienera had na authority to reduce the current tax value. That said reaueat could only be considered at the duly established time for review of tax matters. ' The matter of a Building Code was brought before the Board. The County Administrator stated that the County Planning Board had suggested that the matter be discussed with the Board of Commissioners. The Board requested the County Administrator sad the County Attorney to shock the statutes relative to the enforcement of a building soda. . Commissioner Bennett reported that Robert Peck had contacted him about the possibility of purchasing a joint land Pill area which could be utilized by the University, the Town of Chapel Hill and the County. Commissioner Bennett pointed out that the town currently owns equipment which could be used in the operation of said sanitary land fill area. It wsa agreed that the Board should solicit the cooperation of Dr. Garvin who has expressed an interest in said protect. The County Administrator presented two requests from the State Hi hway Department relative to the abandonment of 0.5 miles of SR 1§80 and 1.1~ miles of SR 1193. Diavusaion ensued relative to the recueat for abandonment. Upon motion of Commissioner Ray, aecanded by Commissioner Sennett, the County Attorney wsa instructed to draw the necessary petition and proceed with the legal requirements ter the abandonment request. Upon motion of Commissioner Ward, aecanded by Commissioner Ray, the Clerk wsa instructed to forward the road petition of Rangewood Development to the State Highway Commission. 300K ~] PACE $j.~ The County Administrator presented a latter Prom Nellie C. Perry. Said latter reoueated that a correction be made and a refund be issued for the 1969 tax year as the value of her 1965 Cadillac was listed at $3,9b0.00 instead of $2,250.00. The County Administrator was directed to make said adjustment. The County Administrator presented a latter from Professor James R. Grizzle, 901y Woodbine Drive, Chapel Hill, North Carolina. Said letter rao_ueated that the late listing penalty of $31:.50 be released due to the foot that he wan out of the country for a year and the letter relative to the listing of hie taxes was not received until February of the tea listing gear. _ Discussion ensued. No action was taken on the matter. Commissioner Bennett stated that he had received a request from Mr. J. L. Cate far release oP hie late listing penalty. Commissioner Bennett explained that Mr, Cate had been unable to list during the month of January due to illness. Discussion ensued. The County Administrator was instructed to release the late listing penalty of Mr. Cate due to the feat he wsa unable to list because of illness. Chairman Smith advised the Board that Sohn Morriaey, Bxecutive Director of the North Carolina Asaociatian of County Commissioners, had responded to hie inquiry as to the authority of the County to contribute to the annual budget of the 1oaa1 Chamber of Commerce. Chairman Smith read the following portion of the letter: "The feat that other cities or counties may appropriate money for the chamber of oommerce is not relevant to the Question. I do ', not believe that an annual appropriation, such as a membership fee, ~ would constitute a public purpose. Our court has flatly stated that i . •.auch an appropriation is not a necessary expense. In Dennis v. Raleigh 253 NC !}00 (1960), our Supreme Covrt held that: "An appropriation by a municipality of funds to its Chamber of Commerce for use in advertising to promote _ the public interest and general welfare of the city under authority of a resolution providing that such funds should j !~ be used exeluaively for that purpose and providing super- vision and control by the oity of the expenditure of the ~ - funds, is valid in so far as the appropriation is limited I to nontaa revenue of the city, the city having been given `~ expre99 legillative authority to expend money for auah purpose. Chapter 118L~., 3eation 220,0), Session Lawa of 19.9." You may oonolude that this ruling by our court indicates a way to "skin the cat." Ycu should determine therefore whether or not such an expenditure of public funds is in the beat interest of the people of Orange County. If Pour answer is yes, you could establish a , apeoific project to be exeouted by the chamber and appropriate the necessary funds as prescribed by the above stated oase," 'I The clerk was instructed to reply to the latter received from J. M. Penny, Assistant Commissioner oP the Department. of Motor Vehicles. Said ~ letter is to advise Mr. Penny that Orange County is interested in securing f funds under the "C" Budget which is for capital improvement. i Chairman Smith Piled the following items with the Clerk: 1. Veteran.• Service Officers report. i 2. Letters relative to metallic raceways received from eleotrical companies in the County. 3. Memorandum from Fs7.mer M. Johnson, Assistant State Planning Officer. L}. Crnidel3nes for Designation oP Regional Clearinghouses in North Carolina. 5• Special Bulletin from North Carolina Asaoaiation of County Commissioners - ! Organizing Counoils of Government. 6. Memorandum from Joint Orange-Chatham Community Action Agency, Ino., Copy of proposed amendments and minutes for September 15, 1970. 7. Copy of minutes of Board Meeting -Health Planning Council for Central North Carolina. 8. Finanoial Statement prepared by the Chapel Hill Public Library. 9. Letter from Quentin W. Patterson, District Conservationist - Orange County Cooperative Soil Survey. .~i_ %, eoaa 7 Pace 320 There being no further business to some before the Board the meeting was adjourned to meet on Monday, November 9, 1970, at 8 P.M, in the Commissioners Room at the Courthouse in Hillsborough, North Carolina and on Tuesday, November 17, 1970, at 8 P.M. in the Commissioners Room at the Courthouse in Hillsborough, North Carolina. __ ~ Carl M. Smith, Chairman Betty June Hayes, Clerk MINUTES OF THE ORANGE COUNTX BOARD OF COMMISSIONERS November 9, 1970 The Board of Commissioners of Orange County met in adjourned session at 8 o~cloak P.M, on Monday, November 9, 1970, in the Commieaionera Room at the Courthouse in Hillsborough, North Carolina. Members Present: Chairman Carl M. Smith and Commissioners Harvey D. Bennett, William C. Ray, Henry S. Walker and Ira A. Ward. Members Aba®nt: None ~~~ The following persona were in attendance: Quentin Patterson, District Conaervationiat, David Dixon, Area Supervisor of the Conservation Department, Bill Thayer, Projent Engineer of the Conservation Department, Bill Powell, Secretary of the Resource Conservation and Development Commission, John Pridgen of the firm of Pridgen and Freeman, C. W. Dania, Orange County~s representative to the Reaourae Conservation and Development Commission and L, M. Cheshire, _ County Attorney. This meeting wsa held for the purpose of reviewing with the representatives of the United States Soil Conservation Service the proposed reservoir on Seven Mile Creek, The engineering data relative to the proposed reservoir aonatruction was diacusaed. It was suggested that the Soil Conservation Service investigate the feeaibilitq of moving the proposed dam site further downstream. Mr. Powell advised the Board that the Resource Conservation and Develornnent Committee had budgeted funds which this gear would pay approximately sixteen percent (16$) of the cost for the Arnhiteotural and Engineering nontract. Mr. Pridgen advised the _Board that hie Pirm was in the position to sign this contract if the County was willing to prooeed, at this time, with letting of this aontrant. Upon motion of Commissioner Raq, aeaonded by Commissioner Walker, it was moved and adopted that the County execute the Architectural and Engineering contract with the firm of Pridgen and Freeman. ~~^ Mr. Patterson suggested that the alopd on the sediment structure for Lake Orange be ahanged from 2:1 to 4:1. Re stated that the estimated coat of this alteration would be $1,318.00 and that the change in structural size would allox the slope of the dam face to be mowed by a tractor. Upon motion of Commissioner Bennett, seconded by Commiaeionar Ward, it was moved that the elope of the sediment structure for Lake Orange be changed from 2:1 to 1}: 1. There being no further buainesa to came before the Sasrd the meeting xas adjourned. Carl M. Smith, Chairman S, M. Gattis, Acting Clerk ~. .~