HomeMy WebLinkAboutMinutes - 19730205MINUTES of THE oRANG1; courrTS' _
BCAftD pF CONL^2288IONERS ~~ ~ ~'~~ 523
Febrvary 5, 1973
The Board of County Commissioners of Orange County met in regales session
on Monday, February 5, 1973, at 10 o'clock A. M. in the Conference Room of the
Sooial Services Building.
Rdembera Present: Chairman C. Norman Walker and Commissioners Henry S.
Walker, Ira A. Ward, F'].ora Garrett and Richard E. Whitted.
Members Absent: None
Chairman Norman Walker called the wetting to order. Upon motion of
Comwisaivner Henry S. Walker, seconded by Commissioner Ira A. Weld, it was
moved and adopted that the Board would diapease with the reading of the
minutes of the January meetings.
Chairman Norman Walker recognized Ebert pierce, Chairman of the Agriculture
Extension Service. Mr. Pierce introduced Mrs. Louise Woodard. He stated that
Mrs. Woodard was the person chosen by the State ~ctenaipn Office and the local
~ttenaion Office to replace Mr a. Janet Sesaows who was resigning from the
position of Assistant gome Economic Agent. Mrs. Woodard is currently Associate
Eoonowic Agent of Rowan County, North Carolina and her background includes ~-$
work. Mr. Pierce stated that he recommended the employment of Mrs. Louise
Woodard as the Associate Eoonowic Agent for Orange County at the beginning salary
of effeotive April 1, 1973.
Upon motion of Co~nisaivner Henry S. Walker, aecanded by Cowwissioner Richard
E. Whitted, it was wooed and unanimously adopted that the recowmendation of
the Chairman of the Agriculture ~ctenaion Service be_approved relative to the
employment of Mrs. Louise Woodard as Associate Economic Agent.
Mr. Pierce introduced Douglas Featherstone, a senior at N. C. State
Uhiveraity at Raleigh, who is doing an interriahip for the latter part of his
senior year on the Nutrition Program in the county, The iaternahip of Mr.
Featherstone will not incur any expense to the county. Discussion ensued as to
the nature of the work.
Upon motion of Commissioner Ira A. Ward, seconded by~Cvmmiasioner Flora
Garrett, it was moved and unanimously adopted that the County Extension
Service be authorized to employ Douglas Featherstone for the purpose of studying
the Nutrition Aid Program of the county.
Chairman Walker recognized Millard Whitley. p+S. Whitley presented a road
petition for a spur road off of SR 191}8 in Bingham township. The petition
requested that said road be maintained and added to the State Highway systew.
Upon motion of Commissioner Ira A. Ward, seconded by Commissioner Richard
E. Whitted, the Clerk was lnstruated to forward the petition of Millard Whitley
to the State Highway Commission.
J~
Chairman Norman Walker recognized Gary P. Sykes. Mr. Sykes stated that he
was aware of the construction of silt control structures on Lake Orange, however,
he was present to request the Board to consider purahaeing a buffer zone for the
proposed Seven Mile Creek reservoir. He stated that natural fpreat and green
lands were the beat silt control and that all adJoining forest ].ands on the
watershed should be brought in order to present residential development in the
immediate area of the proposed reservoir site. He then quoted a poem concerning
ecology. Chairman Norman Walker thanked him for his comwenta. __--
C. W. Davis, the county's representative on the Resource, Conservation &
bevelopment Committee, was recognized by Chairman Walker. Mr. Davis made a
report to the Board on the projects and the financial assistance that had been
brought into the county by the Recourse, Conservation & Development Board. He
stated that he had served as the County's representative since 1968 and that
this appointment had been at the pleasure of the Board of Commissioners, however,
he wanted to assure the Board that he felt there was no obligation on the part
of the current Board "to hold onto me".
` Chairman Walker referred to the proposed Agenda. The first item of b~sinesa
~ was "matter of scales, pit and scale house at the landfill site". The County
Administrator presented a bid from W. B. Porter in the amount of X111.,1}98.00. He
advised the $oard that s11 of the governmental unite involved in the operation
,_. of the landfill must agree on the purchase of said scales and that the Towns of
Carrboro and Chapel Hi11 had recommended the bid of W. B. Porter.
Upon motion of Comwisaioner Henry S. Walker, seconded by Commissioner
Richard E. Whitted, it was moved and unani.wously adopted, that the County approve
the bid received Prom W. B. Porter.
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--~t 7 -•~~ 524
The second item on the Agenda was "Audit Contracts". The Count
Administrator stated that the Raleigh firm of Ernst E: Ernst had audited
the county's books for a number oP years and that their work was aatiafactory. -
He, therefore, recommended that the Pirm oP Ernst & Ernst be awarded the
current Audit Contract.
Upon motion of Commissioner Ira A. Ward, seconded by Commissioner Richard -
E. Whitted and Remy S. Walker, it was moved and unanimously adopted, that
the aoaounting firm of Ernst ~ Ernst be awarded the county's auditing contrast.
The third item on the Agenda was "Tax Refund". The County Administrator
advised the Board that there did exist on the tax scrolls a double listing in -~
the name of Doris Paschall and that the taxes on these listings had been paid.
Upon motion of Commissioner Remy S. Walker, seconded by Commissioner
Flora Garrett, it was moved and adapted, that the County Administrator
be authorized to refund $63.61} to Doris Paschall due to a double listing.
Chairman Walker announced that this was the date that bad been designated
for the appointment of a Reareatipn Study Committee and that each Board
member had been requested to aeoure two persons who would serve on the
committee.
Commissioner lra A. Ward nominated Robert E. Strayhorn and Edward N.
Mann, Jr.
Commissioner Henry S. Walker nominated Glenn Auman and Frank Millar.
Commissioner Flora Garrett nominated Mra. Ann Barnes and Mrs. Aileen
Ray.
Commissioner P.ichard E. Whiffed nominated Willie C. Blue and Walter
McDade.
Chairman Norman Walker nominated Max Sennady and F~'dwin M. Riley.
Upon motion of 'Commissioner Ira A. Ward, seconded by Commissioner Henry
s. Walker, it was moved and unanimously adopted, that the ten persons
nominated be appointed as members of the Recreation Committee.
Commissioner Flora Garrett advised the Board that the Regional J Counoil
of Government would be meeting on February 21st and that said meeting would
be proceeded by a dinner. She invited all members of the Board to the dinner
and the meeting and she stated she Pelt it would be advanta eoua to include
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the Zoning Cffioer.
Covnnissionar Ira A. Ward stated that there did exist a vaoanoy on the
Chapel Hill Planning Board and thst at the request of the Soard he had
found an individual who would accept an appointment to the Chapel Hill
Planning Soard.
Upon motion of Commissioner Ira A. Ward, seconded by Commissioner Flora
Garrett, it was moved and unanimously adopted that Woodrow W. Edmonds of
Piney Mountain Road be appointed to the Chapel Hi11 Planning Board for a
five year term.
It was also brought to the attention of the Board that there did exist
several vacancies on the Chapel Hill Board of Adjustments. It was agreed
that these vacancies would be filled at the next regular monthly board
meeting.
Chairman Norman Walker recognized James Hawkins, Mayor of the City of
Durham, and Harding Hughes, Manager of the City of Durham. Mr. Hughes
stated that he and Mayor Hawkins ware present to discuss the plans of the
City of Durham relative to the Fho River project and that he would like to
read,for the benefit of the Board members, certain letters which had been
prepared on the subject.
"Cetober 13, 1872
Some time ago we read in the newspaper that the State parka Committee
had expressed interest in the Eno River.
With the kind permission of your chairman, Mr. Eampton, we have come
today to give you a brief history of the relationship between the City
of Durham and the Eno and also a current status report on this ralation-
shin between a city and its one and only river.
-7 C~j ,
Mayor Hawkins regrets that a previous, commitment prevents his being here today
personally to tell you the story of the Eno. His own interest in re-establishing
the Eno as a public asset dates beak years before he became mayor; like every
other individual on Durham~a thirteen-member city council, he solidly supports
the reservation of the Eno and its banks from conflicting private development
and the .preservation of the Eno for the benefit of the general public.
My aolleaguea today are Larry Amick and Alex Gilleskie of our staff. P2r.
Amial+a ie a former forester who used to spend his summers working in national
forests and parks. Among his many oontributiona to Durham Larry is helping
us toward a goal, which sometimes seems hopeless, of moving in ahead of the
urban bulldozer to ea}aieve some permanent open-apace, some parka in Durham~s
rapidly growing part of the Research Triangle metropolitan area. '""
N?^. Gilleakie is our City Recreation Director. He is of course vitally
interested in the Eno River as a park and recreation resource for our
community. He is involved in the City~s land acquisition program and also
in the development of specific plena for the utilization of those riverside
park areas which will be located in aloes proximity to many of our Durham
citizens. '.
The Env River is located in two counties, Orange and Durham. It rises in the
northwe~texn part of Orange County and meanders around until it enters Durham
County, where it flows in an easterly direction to its confluence with the
Flat River in the extreme eastern Durham County. At that point the river
becomes the Neuae. Flowing through Durham County in an easterly direction
the Eno passes less than half a mile north of the current city limits.
Probably annexation will soon move the city litnita across the Eno beasuae
Durham water and sewer lines have already been extended saroas the river to
serve a portion of the urban development which has taken place and is now
taking place there, soma 9,000 people now live in the Eno Basin within
Durham County outside the present city limits. The land is beautiful for
residential development, and the City Planning Department estimates that
the population will double by 1980 and almost double again by 1990.
Residential development of an urban type has extended even north oP the kS1o
Basin. Indeed the northward growth of Durham~s population may very well
some day bring the Eno River close to the geographical center of town. ;
W77at.:a wonderful natural asset for one of the larger North Carolina cities.
Looking backward into the history one can see that the welfare and development
of Durham have been vitally related to the Eno River for nearly one hundred
years.
-- In 1877, 95 years ago, the City~s first public water supply was obtained from
riancy Rhodes branch where it entered the Eno. Adam on the Env furnished the i
power to pump the water to a hilltop reservoir nearby, a reservoir which fa
still in use today. Over a period of years as the town of Durham grew
Nancy Rhodea~ branch became inadequate and the Eao itself beaame Durham~a
source of water supply. ,
By 1912 it had become evident that the facilities on the Eno were inadequate,
and a long debate ensued as to whether a larger water supply should tie
impounded on the Et'1o or instead Durham should go some eight miles further
north to the Flat River. Competent consulting angineexa oP the day had
differing opinions on the question. Eventually the decision was made to go
to the new site on the Flat River - largely because of a fear of some up-
stream pollution on the Ezo. The Flat River has been Durham~a water supply
source since 1917.
Down through the years Durham has recognized that the Flat River would not
last forever, and that the F~.o, with its potential capacity of some 50
million gallons per day, would probably ba needed again, eventually. The
City never relinquished its ownership of the LE3-acre tract on t$e river at
Nancy Rhodea~ branch where the old water works were located.
Lake Miahie an the Flat River was to last Durham a long time. And Durham
was still a long distance from the Eno so that its availability for use once
again as a water source aametime in the distant future was not threatened.
__. Then Durham like other North Carolina cities grew. Urban development moved
aloaer tc the river. The Reaearah Triangle Park became a reality and signed
a contract for an eventual $ million gallons per day of Durham water.
Ciraumataneea dictated that Durham should plan and act in anticipation of
future need.
From time to time tracts of land whioh would be needed for a future lake came
en the market and were bought by the City. _
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'7 ,~~ 526
In June, 1962 the Research Triangle Regional Planning Commission published
"A General Plan For the Development of the Research Triangle Region as Affected
by Waste Disposal and Water Resources". The following is quoted from pages
99 and 100;
It T.4in Ai acs. Teen
Lake elevation
Feight of dam
Maximum depth of lake
Area of lake
Capacity of lake
Daily supply capacity
Approxir}ate Goat
Little River Dam
(Description give.)
Crabtree Creek Dam
(Desaription given.)
Falls of the Neuae Dam
(Desaription given.)
-l~.00' above main sea level
_lp5 i
-eo'
-1,075 acres
-12.$ bSllion gallons
-58 million gallons
-2.2 million dollars"
On page 99 the report points out "that the proposed development could provide
important recreational faailitles". The large fold-out map shows "Lake Eno"
colored in blue.
Also fn June, 1962 Durham City Council adopted a resolution requesting the Stat®
of North Carolina to reclassify appropriate segments of the II'1o River to Class
"A-IT" in order "that these waters may be protected as sources of public water
supply to serve the City of Durham". The resolution included the following
language:
"During the last fifty years the City has authorized a number of
engineering surveys and reports on possible sources of water;
the City has paid half the coat of operating stream gauging stations
on the Flat, Eno and Little rivers and the tributaries in cooperation
with the U. S. Qeologica7, Survey, in order to have adequate in-
formation on which to base i~tvre water supplies; the laboratory
staff of the City has analysed thousands of samples from these
rivers in order to have adequate information on water quality;
and all of these studies positively confirm that future water supplies
fpr this city and area must be developed on the Flat, Eno and
Little rivers and that they must be protested for this purpose."
On September 18, 1962 Mr. J. M. Jarrett, Diraotor of the Sanitary Engineering
Division, State Board of Realth wrote a 7.etter to the State Stream sanitation
Commission:
"We have had samples of water from both rivers collected for baoteriological
and chemical analyses and find that the streams are satisfactory to use
as a source of municipal water supply. Therefore it is requested that
the Eno River and tributaries be reclassified in order to protect
the quality of water in the streams for use as a~public water supply
for the City oP Durham."
On February 7, 1963 the State Stream Sanitation Commission held a public
hearing on Durham's request for reclassification. Included in Durham's
teatimany was a letter Prom Mayor E. J. Evans which said in past:
"The City's plena for the future development of a source of water on
the Eno River do not embody any change or development in the planning
which has been serried on for more than fifty years. Our request for
reclassification is a reaffirmation of such long-time interest in the
use of the waters of the Eno."
At the same aubli.c hearing Mr. Pearson R. Stewart, Executive ]Jireotor of the
Research Triangle Regional Planning Commission testified as follows;
"The prospective move to protect the quality of additional water
resources available to the entire Durham area, the Eno River and the
Little River cannot come too soon. Consequently the Research
Triangle Regional Planning Commission supports the respective
reclassification of the Eno and the Little to water supply elasaification."
_,.S ~ .~~~ 52i
On May 8, 1853 the State Stream Sanitation Commission officially reclassified
the Eno River to Class A-II.
On December 31, 1963 the II. S. Army Corps of Engineers completed a survey report
on the Neuse River Basin "tv present a general plan of development of the water
and related land reaouraea of the Neuse River Basin". One of the recommendations
of the survey was "the construction of a dam across Eno River in Ih~rham County".
No attempt will be made here to document all the dates involved in the long series
of land acquisitions by Durham on the Eno. I can personally recall one inoident
not long after my arrival in Durham nine years ago. Our Water Resources
Department reported to City Council that a large tract had come on the market to
be sold in settling an estate. City Council bought it.
I can recall a later inoident. On a Monday morning Mr. Wade frown, our Director
of Water Resources, came puffing into my office with news that a city employee
had during the weekend notices a spot on the Eno where trees had been bulldozed
down and a sign hung up: "Lots for Sale". City Council bought the lots.
Spending money for the benefit of future generations, is not always the moat
popular thing for an elected governing body to do, but Durham City Council has
had the foresight and fortitude to do it.
The future Lake ~,~1o has always been thought of as a significant recreational
reaourae as well as a water supply - just as Durham's Lake T+fi.chie (on the Flat
River) is used extensively for fishing, boating, picnicking and other outings.
Within the past ten years Durham City Council conceived the additional idea oP
preserving large acreage along the Eno River for a permanent riverside park in
the area due north of the present city limits where no lake is ever contemplated.
At City e~spenae plena were developed by a landscape arohitect. City money was
earmarked for the project. The North Carolina State Recreation Commission
concurred in the plena and recommended approval of a federal grant to help
finance land acquisition. .The federal government concurred in the project and
provj,ded half of the required funds. Land was bought.
At that stage Durham City Council had initiated and accepted the responsibility
for preaerroing these major portions of the mo River Basin, foreseeing the growth
of Durham and the long-range significance of future water supply and open apace.
In more resent years with accelerated residential and commercial growth taking
plsae south and north of the river City Council has responded with an accelerated
land acquisition program. This has been fully supported by the Research Triangle
Regional. Planning Cvmtnj.saion, the North Carolina Recreation Commission, the
North Carolina Department of Administration, the 'Cni.ted States $ureau of Outdoor
Recreation and the United States Department of Housing and Urban Development.
(Although Durham County is not in the park business, a member of the Board of
County Commissioners and his wife have generously donated large tracts of land.)
Every decision by Durham City Council to move forward on the Eno River has been
taken in a.publia meeting with full opportunity for citizen participation. There
have been many such deaisiona by the Council in many meeting a.
In April, 1969 the Research Triangle Regional Planning Commission published
"Research Triangle Region Development Guide". The following is quoted from
page.81:
"There are two major alternatives in the timing of development of
additional water for the Chapel. Aill-Durham area. The first is the
construction initially of a reservoir on the Eno River west of Guess
Road. A reservoir in this location could supply up to 50 MoD; the
site has long been identified as a potential reservoir, and Durham
City has underway a program of land acquisition in the area. The
Eno Reservoir construction would be followed by construction or
utilization oP a number of smaller sources or other Neuse tributaries,
staged in one ar another of several possible aequenoes. The second
'taajor alternative essentially is the reverse sequeaae, construction
of the smaller sources followed'by construction oP the Ena Reservoir.
With present reahnology and present eoonomica of water use, it is
probable that ell of these scuraea will be necessary in the future.
The question is not 'which but rather 'when'...
-- 2n any event, regardless of timing land for all the potential reservoir
sites should be obtained or definitely reserved just as soon as possible.
Faeh will be needed at some time. Durham has a land acquisition program
underway for the Eno - in part for stream park areas and 3n part for the
reservoir areas. This should be continued."
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On page 88 the report also recommends an Eno River Wilderness and an ~o
River Park. With reference to the Eno River Wilderness the report recommends
that "the land necessary for the successful preservation of this area (in
northeastern Orange County) . be acquired by the State for operation as
a unit of the North, Carolina State Park System". With reference to the
Eno River Park the report suggests that "the essential responsibility for
the Eno Park project lies with the City of Durham".
This ends our historical report. M~. Amick will now use some maps to show
you the present statue of Durham's efforts to preserve the Ehc."
"February 5, 1973
This letter is written at the request of Manor Hawkins and the members aP the
City Counoil of Durham in response to your December 6 letter written in
behalf of the Board of County Commissioners of Orange County. This supplements
my Deoember 11, 1972 letter to you.
Cver a long period of gears the City of Durham has been purchasing property
along the~IIlo River. The Fho was once the source of Durham's water supply
and has long been looked to by the City as one possible future water source.
In fast the City never relinquished its ownership of the ~.3 acre tract on the
river at Nancy Rhodes' Branch where the old water works were located.
In 1962, as you know, the Research Triangle Regional Planning Commission
published "A General Plan for the Development of the Research Triangle Region
as Affeoted by Waste Disposal and Water Reaouraes". This report proposed
an "Fho River Dam" with lake elevation at 40C feet above sea level and pointed
out that "the proposed development could provide important recreational
facilities".
By the middle 1960's the northward growth of Durham led the City to conceive
the additional idea of a riverside park downstream from the dam site in the
area moat threatened by residential and commercial development. A plan was
drawn, and land purchases were begun.
In 1969 came the new "Research Triangle Region Development Guide" and re- _
affirmation of the Planning Com¢aisaion's advocacy of Lake EQO but with some
#lzrther propoeala, including; (e) a municipal riverside park extending down
the Eno to Fella of the Neuae Lake, (b) a large state park upstream from
Lake Eno in Orange County and (c) protection by Durham of future water supply
sources on the Flat River and Little River.
All of the land which has been bought by the City during this period was bought
with federal financial assistance, and each federal assistance project has had
the concurrence of the Research Triangle Regional Planning Commission and its
successor, the Triangle J Council of Governments.
In 1972 Durham moved toward making the upper Flat River its next water source.
A consulting engineer was obtained and a series of negotiations was initiated
with Raleigh about a joint development on the Flat.
Durham's Lake Michie should suffice until 1980-85 but no longer. For more
water Durham is looking uphill at clean water sources on the Flat, Little and
Eno and even ci.ownhill to poorer-quality water on the Neuse and New Hope.
Everywhere we look, some folks object. We will investigate every alternative
to uae of the Eno as Durham's next water supply.
The Triangle T Council of Governments has announced that it also will take a
new look at the various water supply sources which might cona.eivably be made
available for Durham and other cities and towns in this area. The City of
Durham will cooperate fully with any studies made by the Council oP Govern
manta in this connection.
It was apparently about 1970 that the State Forks Committee of the Board of
Conservation and Development took an interest in the idea of s state park on
the brio. On October 28, 1970 the Chairman of the Committee told me that
the Board would be in touch .with the City of Durham before reaching a final
deciaiori about establishing a state park. He stated the desire of the Board -
not to interfere with Durham's water supply plans. ,
On March 8, 1971 the Superintendent of State Parks wrote me a letter saying,
"Tf we were to establish a state paxk along the Eno River, it should be done ~
in such a way that any project we might plan would complement what the County
and City of Durham plans to do rather than compete or conflict".
The State has bought no land on the Fho as far as we know.
~.._j '7 e~rE 529
The CityTs ob3eative is to establish a riverside park extending almost lb
miles from Cabe's Ford downstream to Fa11s of the Pieuse Lake. In keeping
with our long-range needs and with regional plans the intent is to enquire
a broader area Prom the vicinity of Pleasant Green Road to Cole Mill Road
so that a lake and lakeside park can be developed if and when the need.
develops.
- Most of the total. stretch of river is below the dam site. Above the dam site
only a portion of river is free-flowing now, An existing dam at Pleasant
Green Road creates a lake extending well upstream, and the river is sluggish
_ almost up to CabeTa Ford.
`" _ The City of Dunham has seen the need far future water supply and parka and
has sated. Had the City net acted, much of the land it now owns would now
contain houses, apartments and businesses.
Although the City of Ihu~ham has assumed all of the local government
financial burden for buying Sao lands for park and water supply purposes,
we think it is entirely appropriate that the land acquisition plan we are
•aarrying out is also a regions]. plan voted by representatives of Wake
County and Orange County on the Research Triangle Regional Planning
Commission. Durham sells its water in Wake Comity at the Raleigh-Durham
Airport, which serves citizens of the three-county area. Durham also sells water
to the Uriiveraity of North Carolina water system, which serves the portion
of Orange County in and around Chapel Hill. Also the land along the Etio
purchased by the City of Durham can be used and is probably already being
used by residents of Orange County for hiking, pieniaking, raft-launching
and similar recreational pursuits,
Several years ago a large industrial prospect was aonaidering locating in
Orange County, and at the request of the Beard of Commissioners the 'City
of Durham agreed to sell, water to Chia industry. We hope that gesture by
Durham was indicative of our attitude of cooperation with our neighbors
across the county line. ,
We Greatly value a continuing good relationship with Orange County. We
appreciate the support given us on the Eno down through the years by the i
Orange County representatives on the Research Triangle Regional Planning
Commission.
We respectfully request your continuing support. '
P.S.
kt~,cloaed for your information is a copy of a statement presented by the
City of Durham to the State Parka Committee on October 13, 1872." ;
Mr. Hughes presented mans which designated the lands that had been purchased
by the City of Durham, the lands under condemnation by the City of Durham and
the lands that were under option to the City of Durham. '
'Upon the completion of the presentation a question and answer period
ensued between the Durham representatives, a large number of citizens who are
interested in the Eno River area and members of the Board of Commisaionera, i
Chairman Walker thanked Mr. Hawkins and Nom. Hughes for their presentation. {
Chairman Walker presented a memo from John L. McKee, Chairman of the Chapel i
Hi11-Carrboro Utilities Task Force. The memo stated that the Utilities Task
Forc® did "ernestly solicit the support and participation of Orange County in
its efforts to form a Tri-Partite and Non-Profit Corporation: The purpose
of this corporation is to negotiate with:_the University of North Carolina for
the purchase of the utilities now awned by the University, and, if sueceasful
in the negotiations, to serve at the public's beat interest by providing
quality aerviae throughout the consuming area at the lowest praotiaal rates."
Discussion ensued. It was suggested that s feasibility study oould dictate '
what course of action could be oaken relative to the utilities. It was the
general tone that no other commitment beyond the point of a feasibility study
cou7.d be made at this particular time.
-• Upon motion of Commissioner Flora Garrett, seconded by Commissioner Richard
E. Whitted the following resolution was moved and adopted; ,
~-