Minutes - 19761206 - Laserfiche WebLink

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A. B. Coleman, Jr., County Attorney, stated that he had briefly researched this matter for Mr. Saitta. Mr. Coleman explained to the Board the description of the land as set forth in the Deed to Orange County. He stated that Mr. Saitta wanted to know if Lake Orange Incor- porated and its Directors could prevent him from hunting on the lake itself, given the fact that he had permission from private land owners. Mr. Coleman stated that his answer was inconclusive because of the General Statute that states "nothi.ng shall prevent prople from access to navigable waters." He stated that he had not research as to whether or not this water is a navigable waterway. The other question was that permission must be granted from the owner and the County is the owner. Further discussion ensued. The County Attorney stated that the Deed has restrictions set out with respect to use of the land and the easement thereabout. Commissioner Gustaveson stated that he felt the deed to the lake and the restrictive covenants contained therein should be researched to see if these restrictions raise legal problems. Commissioner Willhoit raised the question as whether phis situation would not be similar to hunting from a road side or a road right of way. Commissioner Gustaveson moved that the County Attorney look further into this issue and report back to the Board his findings. The motion was seconded by Commissioner Willhoit. Discussion ensued as to whether Mr. Coleman could represent Mr. Saitta and the County, simultaneously. Mr. Coleman stated that if the County employed him to research this matter, he would no longer represent Mr. Saitta. Commissioner Walker stated that he did not see the need of this research. Commissioner Whitted stated that the purpose of the research was to discover if the covenants were in conflict with the law. Chairman Whitted called far a vote on the motion of Commissioner Gustaveson. Voting aye were Commissioners Gustaveson, Pinney, Whitted, ' and Willhoit. Voting nay was Commissioner Walker. The motion was declared passed. The Chairman referred to Item 11: The Manager recommends the bids for courtroom furniture indicated in Attachment B be accepted and the Chairman authorized to sign agreements for purchase of this furniture. (For copy of Bids for courtroom furniture, see page 17 of this book.) Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to accept the County Manager's recommendation for the purchase of the Courtroom Furniture. Chairman Whitted referred to Item 12: Commissioner Gustaveson will deliver recommendations of the Intergovernmental Task Force concerning a Comprehensive County-wide Planning Council. Mr. Gustaveson reviewed the background of the Subcommittee on Planning which he stated went back to the Growth Options Conference and the County's meeting last year with the Chapel Hill Town Board, where the two Boards discussed mutual planning problems. He proceeded to review the proposal with the Board. He stated that a County-wide Planning Council would incorporate all of the various planning jurisdictions into one comprehensive planning body that would transcent the particular administrated body and would be of interest for each of the planning jurisdictions. This report is being presented to the Chapel Hill and Carrboro Boards of Altermen for consideration and action and is now being presented to this Board for adoption and action. Commissioner Gustaveson moved that the Board adopt this report and that one member of this Board and the County Attorney be authorized to meet with the other two governing units and begin to draw up a mutual and satisfactorily ordinance to implement the report.