Minutes - 19761221 - Laserfiche WebLink

Browse Search

28 in broad terms the functions of the Planning Board and the power to pre- sent their own bylaws. Further discussion ensued. Chairman Whitted stated that he felt the section regarding terms should be revised and that this amendment should not state a limit of the number appointed to the Board. Commissoner Willhoit suggested further that the Planning Staff draft a section to go into the Zoning Ordinance spelling out the Organization of the Planning Board. The consensus of the Board was that the Planning Director and his staff work from the 1965 Ordinance and develop an acceptable ordinance which can be used as an ordinance for the functioning of the Planning Board and also serve as a possible insert as a section of the Zoning Ordinance. C. The request of P. A. Saitta for permission to hunt waterfowl at Lake Orange. Chairman Whitted stated that on the first Monday in December, 1976, the Board had requested the County Attorney to research the Restrictive Covenants of landowners of Lake Orange as set forth in the deed, as to whether they were in conflict with the law as would apply to the request of Mr. Saitta. The County Attorney stated that an answer was not available. He asked if the County was interested in pursuing this matter further. He added that should permission be granted to Mr. Siatta, litigation might be involved. Commissioner Walker stated that he felt the Board was asking for trouble and asked that the Board table the matter. Mr. Bobby Nichols, a landowner in the Lake Orange area, asked per- mission to speak. Mr. Nichols spoke of the origin of Lake O]:ange. He stated that the County owned the water and the dam site and the land under the water. The landowners had reserved very limited hunting rights and they did not want the public hunting on their property. He added that recreational rights were not for the County to give, because the County had never owned the rights. Mr. Dalton Loftin, Attorney for the landowners, stated that he felt it would be a show of bad faith on the part of the County to grant per- mission to Mr. Siatta. He added that the land was given to the County and that recreational rights were deeded to the Lake Orange Corporation which were reserved in the deed itself. He added that he felt if the County violated the spirit of the deed, it would affect the consideration for the deed itself. The County might find that it does not own Lake Orange. He continued by stating that a deed without consideration is void. Chairman Whitted stated that the County had no intention of doing any- thing that they had na authori.ty to do. He added that Mr. Saitta had asked permission to use the water and had permission from a land owner to use his land. Discussion ensued. Upon motion of Commissioner Willhoit, seconded by Commissioner Pinney, the Board agreed to table this request of Mr. Saitta. i Chairman Whitted referred to Ttem 11 and Item 12: The County Attorney has reviewed contracts with Joseph Nassif, AIA, for remodeling at Grady Brown School and at the County Jail and will deliver his legal opinion of these instruments. Jeffrey Gledhill, County Attorney, stated that he had reviewed the SIS Contracts with Mr. Nassif and that the Contracts were in proper legal foam. Commissioner Pinney stated that he had a number of questions arising from his study of the AIA Contracts. Commissioner Walker stated that he also had some questions. Mr. Walker moved that this matter be tabled for two weeks to provide adequate study and at the same time get other proposals from other architects. The motion died for lack of a second.