HomeMy WebLinkAboutMinutes - 19730604MINUTES OF THE ORANGE COUNTY EOOK ~ F".GE 575
BOARD OF COrII~iISSIOIdERS
June 4, 1973
The Board of County Commissioners of Orange County met in regular session
on Monday, June 1i., 1973, at 10 o'clock A.M, in the Conference Room of the
Social Services Building in Hillsborough, North Carolina.
.. N rman Walker, and Commissioners Henry S.
Members Present: Chairman C, o
Walker, Ira A. Ward, Flora Garrett and Riohard E. Whined.
_.
Members Absent: None.
Upon motion of Commiasloner Henry S. Walker, seconded by Coranissioner
Richard E. Whin ed, it was moved and unanimously adopted, that the Board
dispense with the reading of the minutes.
The meeting was temporarily adJaurned as Commissioner Ira A. Ward had
those personsapresentethat1ahstatementofromeCoruaisaio er Wardhwoulddbesed
presented.
"On May 23, I suffered an impairment to the vision of my
left eye. The condition has worsened and to date my doctors have
not determined the cause.
"Due to this, 1 have considered seriously whether the duty
tom famil and myself dictates that I resign my position as
y y
County Commissioner. It is with great reluctance that I have reache
the decision trot my health requires me to take steps for my family's
sake. I
"It may be that there is no necessity for the sudden action,
_ but T do not feel that I aan run the risk of my continued service
having an adverse effect on my family and myself.
"I appreciate and will always appreciate the confidence which
my friends and supporters hags placed in me and I do not view lightly
my duty to them. ,f
"However, I do not feel that in my present frame of mind 1 am
capable of doing the fob which they elected me to do.
"For these reasons, 1 regretfully must take a leave of absence
until my condition stabilizes or until the reason for my epndition
is determined."
Chairman Walker referred to the agenda. There were no visiting delegations
so it was decided that the Board would discuss item 3. Chairman Walker
recognized Willie Glover, Supervisor of the Farmers Hame Administration. Mr.
Glover requested additional space in the agriculture building in order to
accommodate the employment of additional personnel in his department. The
County Administrator explained to the Board that there were several places
available in the agriculture building for the Farmers Home Administration
and Mr. Glover was advised that appropriate space would be made available
for the Farmers Home Administration's office.
The Chairman recognized Clayton Haithcock, Zoning Officer. Mx'• roved
Haithcock presented the following plats and stated that all had been app
by the County Planning Board:
1. Morris Grove Heights, Section 1, Chapel Hill `township dated May 3,
1973. ~'. Haithcock stated that a percolation test had been
submitted to the County Planning Board.
Upon motion of Commissioner Henry S. Walker, seconded by Commissioner
Richard E. Whined, it was mov~ovaldondtheeMorristGroveCHeights platuthorized
to sign the certifiaate of app
2. Kings Way, Final Plat, Chapel Hill Township, dated March 8, 1973.
Upon motion of Commissioner Henry S. Walker, seconded by Commissioner
Flora Garrett, it was moved and adopted, that the Chairman be authorized
to sign the certifiaate of approval on the King's Way plat.
`' 3. G1. H. May, Final Plat, Chapel Hill Township, dated April 18, 1973.
Upon motion of Commissioner Richard E. Whitted, seconded by Commissioner
Henry S. Walker, it was moved and adopted, that the Chairman be authorized
to sign the certificate of approval on the plat of W. H. May.
~~~K '~ ~ac~ 5'76
I~. Priscilla Byrd, Right of Way off Rogers Road in Chapel Hill TownshS.p
dated May 8, 1973•
Upon motion of Commisaianer Henry S. Walker, seconded by Commissioner Richard
E, tdhitted, it was moved and adopted , that the Chairman be authorized to sign
the certificate of approval on the plat of Priscilla Byrd.
5. Chape1Hi11 Townshipxdat®d Aprilro19739 °f Charles and Ruby Crowder in
Discussion ensued concerning a need for a percolation test on the property
as required by the Zoning Officer. Mr. Haithaock informed the Board that the
County Planning Board had approved the plat based upon the condition that a
percolation test be secured.
Upon motion of Commissioner Richard E. Whitted, seconded by Comtissioner Henry
S. Walker, it was moved and unanimously adopted, that the plat of Dixie Drive be
approved provided that the percolation teat on said property met the requirements
of the Zoning Ordinance.
6. Preliminary plat of the property of James C. and Bernice Parsons in
Chapel Hill Township, dated May, 1973. I'h'• Haithcoak stated that this
plat was being presented for.inspeotion and review by the Board and
that the County Planning Board had taken no action on the matter.
Discussion ensued concerning certain aspects of the current Zoning Ordinance.
Commissioner F7.ora Garrett stated that she felt the Commissioners should write
to the County Planning Board and suggest that the Planning Board appoint a committee
~ to study and update the current Zoning Ordinance and dissuasion ensued concerning
the definitions of the current ordinance as it relates to soil surveys and
percolation testa. Clayton Baithcoak and Mark Burnham disauased the matter of
soil t®sting by the Agricultural Stabilization and Conservation Service office.
It was established that a need did exist for the clarification of this item.
Upon. motion of Commissioner Flora Garrett, seconded by Commission®r Richard
E. Whitted, it was moved and adopted, that the Clerk should write a letter to the
County Planning Board advising them of the concern of the Board of Commissioners
over certain sections and definitions of the County Zoning Ordinance and to
r®aueat that the County Planning Board review any other areas that they felt Headed
amending or clarified.
Mark Burnham, Representative of the Triangle J Council of Governments, read
the third draft of the Water/Sewer System Extension Policy for Orange County, -
North Carolina:
1. General Princi lea
The planning, construction and payment for extension of water and sewer
systems in Orange County, North Carolina, outside the zoning jurisdictions
of the towns of Carrboro, Chapel Hi11, Hillsborough and Mebane shall be
saoompliahed ip accordance with the following general principles:
A. ESctension shall be made in a manner so as to promote the orderly
growth of the County without regard to municipal boundaries and with
the fullest protection being given to the environment and to the
encouragement of desirable development and in accordance with the
intent and purpose of the Zoning and Subdivision Ordinances of
Orange County and the promotion of conditions essential to public
health, safety and the general welfare.
B. An acreage privilege fee shall be established to aid in the financing
of new major utility system components and the replaaemerit or
enlargement and repair of existing components. This charge shall
apply to all properties to which services are extended, and may be
collected by the County or by the system providing water or sewer
services and shall accrue to the system.
C. Developers of subdivisions or other properties shall be responsible
for the full costs of installing all the required components within
their properties and for sharing in the costs of connecting water and
sewer mains to the existing utility systems. The initial costa of such
extensions shall be borne by one or more developers, with reimbursement
possible for those costs in excess of each developer~a proportionate
share. _
D. Extensions of these utilities to properties located outside of sub- .
divisions or developments shall be financed by the owners of the
benefited property.
-- - '~:
- :~_
eeoK 7 Pa.cE 5'7'7
E, ~penditures for the construction, enlargement and replacement
of each system's major components and major lines, to the extent
that acreage privilege fees are inadequate, and for the operation
and maintenance of all the utility facilities shall be met from
service charges or contributions in lieu thereof. The total of
acreage charges received that may be in excess of costs as
established by this policy shall b® reserved and used for system
capital expenditures by the numicipality or system.
F, The municipality or system shall be responsible for providing for
the necessary operation and maintenance of its utility systems
both in and outside of a municipality.
ii. Po1ia
Fsch developer of land shall be responsible for providing for the
necessary connection between his property and the existing County or
municipal utility system. The connection will be to a point
designated and of a capacity determined jointly by the County and
the utility system providing service. The developer shall be
reimbureed for that portion of the costs of such connection which is
in excess of an acreage privilege fee, providing such reimbursement is
obtained from acreage privilege fees levied against property developed
simultaneously or subsequent to the installation of the initial
connection by the original developer and dependent on the original
connection for water or wastewater service. The reimbursement period
for sash developer will expire ten years following the initial day of
service to his development.
iii, Financing
A. Acreage privilege fees,
An acreage privilege fee shall be made against total acreage in each
plot or tract to which utility service is extended after (date.
The acreage privilege fee shall be collected by the utility system
before permission is•granted to connect to any utility line or
other utility facilities of the County or municipality. The
schedule of acreage privilege fees shall be as follows:
1. Residential
a, An acreage privilege fee of $600.00 per acre shall be
made against all general residential development with
four or fewer dwelling units per acre to be served (water
$250.00 per acre, sewer $350,D0 per acre),
b, The acreage privilege fee for residential development with
more than four dwelling units per acre shall be increased
in proportion to the number above four per acre to be
served. For example, the charge for developments with
eight dwelling unite per acre would be dquble that charged
for basic residential development with four ar fewer units
per acre,
c, Any tract or lot or other land on which there is but one
residential dwelling unit shall be charged a Pee not to
exceed the fee for five acres of land. Provided, in cases
covered by this provision and where the total area on which
the residence is located exceeds five acres, the owner
shall designate the five sates against which the charge
is to be credited and an acreage fee against any remaining
acreage shall be made when service is extended to any
atruature thereon.
:;
i
2, Commercial: An acreage privilege fee of $700.00 per care shall
babe char~egeg against all commercial acreage to be served. When
circumstances provide reason a lower fee may be charged. However,
in no instance shall the fee be less than that charged for basic
residential development.
_ 3, Industrial: 'fhe acreage privilege fee for all industrial property
tome served shall be established on an individual basis jointly
by the County and the utility system providing service with
primary consideration given to the volumes of water to be required.
However, in no case shall the rate per acre be leas than for
residential development. The nature of wastes shall affect
service rates if deemed necessary by the County and the utility
system.
~,
-:,
eco~c 7 F,,c~ 5'78
!}. Governmental
a. The acreage privilege charge for all property to be served
which is owned b9 the State of North Carolina or other political
subdivisions or public institutions shall be established on an
individual basis jointly by the County and the utility system
providing service, but in no case shall the rate per acre be
less than for basic residential development.
b. A11 lands dedicated to public use such as streets, highways,
a7.leys, parks and playgrounds shall be excluded from the
calculation of the total acreage against wAiah an acreage
privilege fee shall ba charged. However, where use, as for
a park or playground, imposes a coat on utility systems this
coat may be recovered.
S, Subdivisions
with respect to the installation and financing of utility systems to
serve subdivisions, the following policies shall apply:
1. Construction a rove].: Certification that the proposed subdivision
has been approved by the political subdivision having subdivision
review authority over the area of proposed service must be submitted
prior to approval of service, by the County and by the utility system
providing aerviae.
2. Sewers a service: Certification that the proposed subdivision is or
will a serve y a sewerage system holding a valid permit for waste
disposal from the North Carolina Soard of Water and Air Resources must
be submitted prior to approval of water service by the County and by
the utility system providing service where water service precedes
sewer service, and where local Ordinances or soil conditions as
determined by the Board of Health prohibit development based on septic
tanks.
The provisions of this policy do not prohibit the use of
package plants (extend®d aeration plants) to serve subdivisions or
other developments lying beyond the service area of existing public
sewerage systems. Such plants may be used when:
a. Operated under a valid permit issued by the North Carolina Office
of Water and Air Resources.
b, The oomplete system 3s dedicated to or owned by a politioal
subdivision (to insure provision of certified) operators and
adequate supervision and maintenance).
c. The costa of operation, supervision and maintenance are met
from service charges fixed by the proprietary political subdivision.
Thsse sewerage service requirements may be modified in rural or
suburban areas when a minimum lot size of 2.5 is employed.
3, Specification a; A17. installations shall be made according to the
apecificat one mutually agreed upon by the system providing service
or accepting dedication and the aounty._ The specifications shall
include the size of ahl lines, their location, grade, and materials
used and other specifications deemed necessary by the utility system
providing service.
(.~.. Ownershi and control: All lines aonstruoted and connected with the
faci7. ties o a utility system under these policies shall become the
prop arty of the system upon completion and acceptance. The utility
s~*stem shall have exclusive control of all such lines and shall be
responsible for their maintenance and operation.
5, Construction: Installations made under a reimbursement agreement may
be carried out by:
a, the developer with his own forces or
b. the municipality with its forces or
c. a private contractor under competitive bidding procedure.
°.CCK ~ F1CE S~~
6. Reimbursement: i
a. A reimbursement agreement may be entered into between the utility 'i
system and each party installing utility system components under i
the reimbursement policy.
b. The cost of installing all the utility components within a subdivision li
shall be borne initially by the participating developer or developers. I
o. The various utility systems oomponenta aub~ect to reimbursement shall ~~
be:
i
(1) those between a subdivision and a facility of the County or
utility system and which are so sized and located as to serve
other properties; and
(2) lines within a subdivision which serve lands outside the
subdivision and are of a size in excess of the need of the
subdivision itself. In the second case the coat subject to i
reimbursement shall only be the extra cost incurred by installing
lines larger than needed to serve the subdivision itself. For I
example, where a $10,000 - 10" line is needed for the subdivision
and s $12,000 - 12" line is installed, only $2,000 may be ~
reimbursed.
I
d. All requirements shall be made from acreage privilege fees co].leated
by a municipality or system or the County from land initially or
subsequently served by facilities installed under a reimbursement 'I
agreement and from these only. I
Reimbursements to a developer shall be paid by the municipality i
or system or the County within thirty days following the end of each ~
fiscal pear (Suns 30) from collection made during that fiscal year.
e. Only the actual coat of the water/waste system components shall be ~'
included in the calculation of cost sub~eat to reimbursement. I~
f. No reimbursement of any costs shall be made after ten years from the
date of acceptance of those system components installed under a
reimbursement agreement.
g, Acreage privilege Ease soil®etad from properties served by facilities
installed under reimbursement agreements shall be applied so as to
satisfy the claim from the different agreements in the order in which
they were entered into.
C, Other properties
In accordance with the general principle that the benefited property
should bear the cost of providing benefits, one or more of the following i
methods may be used in providing the utilities and for the provision of
the required components to serve properties not located within
aubdiv~.sions currently under development:
1. Advance a ent: Where lots are irregular in shape or size or
where all t e owners agree, payment of the Pu11 cost in advance
of extension at an equal rate per lot or by such other apportionment
to ba determined shall be permitted.
2. Reimbursement olic The reimbursement policy outlines in Section B,
paragraph a ove shall be available fqr use by an individual
property owner who desires service at some distance from existing
facilities and when assessment of or contribution from intervening
property does not appear likely ar feasible.
The Board requested the County Attorney to review the policy and make
comments.
The Chairman recognized Mrs. Curtis Bane. Mrs. Bane made the following
statement;
"I am very interested in sewer and water for our county. I feel that
fire protection, as well as a size line for future demand, with firs hydrants
every 1,000 feet should be seriously considered, then all people can say,
"look how well Orange County is planned. We have no problems now due to sound
planning and far aightedness, We have had industries to voice their interest
in moving in on our property on I-85. This would mean more tax for our county
but they are very interested in sewer and water and when it can come to this
part of the county."
~_____~~
e~aK '7 ~~c~ 580 •
The Chairman reoognized A. K. Jackson of Durham. Mr. Jaakaon stated that
he felt that the County should eoordinate,as nearlp as possible, all the
construction of water and sewerage systems in the County. That there did exist
a need to interlock the systems currently installed by the City of Durham and
the Crange-Alamance Water Systems, Inc. far economical reasons and to assure
each system of an adequate weter supply. He stated that he felt all agencies
such as the University of North Carolina, the City of Durham, the Towns of
Chapel Hill and Hillsborough could pool their resources of information and then '~
experience a preferred type of water and sewer system for the County' could then
be installed. FIe endorsed the policy for planning for the various water and
sewer lines. _~
The Chairman reaognized W. E. Billingsley, Distribution Superintendent,
University of .North Carolina Public Utilities. Mr, Billingsley made the
following statements:
It will be a "Progressive step that the Eounty is proposing to
adopt a water and sewer system p~[tension policy.
Hopefully, this is the embreyo of a countywide water and sewer
cyst®m that may be developed in the years to come.
Sn reviewing the policy that is up for adoption I would like to make
the following observations from a professional standpoint.
1. Administratively water and sewer systems are usually bound together.
However, technically, there are significant differences which contribute to
better clarity and implementation if the two were separated but related.
2. Secondly, the policy is very general and necessarily will require
qualified professional personnel to apply it to the great vanSty individual
cases which will arise. The policy as written does not set forth how it
will be administered or for the establishment of a professional staff.
3. A water or sewer system implies a complete capability to provide
these services. Specifically for a water system it would mean a water source
treatment and pumping facilities, distribution facilities as well as maintenance
and acoounting staffs. The policy is primarily a main extension policy and
does not speak to agreements, rights or responsibilities far entertieing
with system components under jurisdictions other .than the county.
!}. It appears that there should be an expansion of this document or
corollary documents covering the relationships between the County, the
University or municipal systems and private systems which may be providing
water in Orange County. This is important in order that sub-standard
components will not be installed and in order that main distribution lines
that are going tv serve or be served by other systems may be installed in
a coordinated manner.
These comments are offered aonstruatively. I cvnmend the Commissioners
for the effort which have been made in protecting and providing a good water
supply to the entire county."
The Chairman reaognized Fred Cates, Mayor of the Town of Hillsborough
and Clarence Roaemond Supervisor of the Hillsborough Water and Sewer system,
Upon motion of Commissioner Flora Garrett, seconded by Commissioner
Richard E. Whitted, it was moved, that the Water/Sewer System [tension
Policy For Orange County, North Carolina, be adopted and same will become
effective as of July 1, 1973. Di acusaion ensued relative to the effective
date of said policy.
Mayor Cates inquired if the Water/Sewer System Extension Policy, if
adopted as of .Tune l4, would affect the aonstruc,tion of water lines that had
already been approved by the Rillaborough Town Beard. Discussion ensued.
The County Attorney suggested that the Board exclude those lines that had
been approved and planned by the Town of Hillsborough. The Mayor was
instructed to file with the Clerk a list of those water lines that will
be construoted by the Town. Said list is to become a part of the minutes
of this meeting. Said list is as follow a: Bobby Roberts project r~10 highway
towards Murphy School, other various short connections and extensions which
has been approved and agreed upon by the Mayor and other persons not requiring
Board approval such as cross connections, etc.
Commissioner Flora Garrett amended her motion, upon the approval of
Commissioner Richard E. Whitted, to state that the Water/Sewer System
Extension Policy F'or Orange County, North Carolina be adopted to become
effective as of June 4, 1973. Chairman Walker called for a vote on the
motion and all members voted aye. He then declared the motion passed. ~-`^r
~~,
BGOK ~ F,1CE ~$1
The Chairman recognized Dr. Robert J. Murphy who is trying to organize
a Medical Corporation for the Northern part of the County. Dr. Murphy
stated that a survey had been made by George Stockbridge, Executive Director
of the Health Planning Council for Central North Carolina and that said '~
survey had revealed that Northern Orange County was a medically deprived
area. The results of this survey allowed Mr. Stockbridge to confer with the
University of North Carolina and Duke University and this has resulted in
the two tiniveraitiea being willing to participate in a family practice
clinic. Students from the two medical schools would be used at the proposed
clinic. Dr. Murphy stated that a Corporate Charter entitled "Orange County
Medical Foundat~.on, Inc." had been drawn and that the corporation had held
its first Board of Directors meeting. Re, therefore, was present to request
that the Ceunty allow the Orange County i4edical Foundation, Tnc. to purchase
two acres of land that is located just South of the Social Services building.
Re stated that he felt the purchase price should be the appraised value as
established by the Tax Department and that the deed from the County to the "
Foundation should include an option for the County to repurchase the land.
Dr. Murphy advised the Hoard that time was of the essence as he was anxious
to begin making permanent plane and arrangements for the cnnatruction of a
clinia. Chairman Walker advised Dr. Murphy that he felt the Board would
prefer to dei''er action on the request until a later date as all members of
the Board were not present. I'
i
Commissioner Flora Garrett reported that Mra. Morrow, representing one ~
of the Home Demonstration Clubs, had endorsed the "green box" program of
garbage eollect3.on. ~
Commissioner Flora Garrett stated that Glenn Whitfield, owner of the
Rollow Rack Community Store on Erwin Road in Chapel Hill Township, had i
requested that the State Highway Commission investigate the sbil erosion
that was taking place due to inadequate drainage. The Clerk was instructed
to advise the State Highway Commission of the situation and to request them i
to investigate the matter.
Cpmmiasionera Flora Garrett and Richard E. Whitted requested the County
Administrator to make available to them a copy of last years County budget and
a copy of the County property re-evaluation book.
Chairman Walker advised the Board that the County Board of Education
was needing an answer on the matter of the County's plena for the funding of
the proposed summer recreational program. He stated that the Recreation
Study Committee had endorsed the proposed summer program. Discussion ensued
as to the budgetary requirements necessary far the funding of the program.
Upon motion of Commissioner Flora Garrett, seconded by Commissioner
Richard E. Whitted, it was moved and adopted that the County, at this time, '
finance one-third or $2,000 of the proposed 6,000 that would be needed for ~
the summer recreation-program and that the said $2,000 would be taken from
the Contingency Fund and that the remainder of the $1.x,000 would be included
in the 1973-1974 County budget and that the monies allocated to the recreation
program would be used at the two sites that had been suggested by the
Superintendent of the Orange County School unit.
Mark Burnham of the Triangle J Council of Governments presented to each
Commissioner a copy entitled "Mobile Hame Study from the Triangle J Council
of Governments for Orange County".
It was agreed that the Board would not hold its regularly scheduled
meeting on June 19, 1973.
There being no further business to come before the greup the meeting
was adjourned to meet again as a Board of Equalization and Review on the
following dates: June ~, 1973, Jur_e 6, 1973, June 7 1973, June 11, 1973,
June 12, 1973, June 13, 1973, June 1l}, 1973, June 1~, 1973, June 19, 1973,
June 20, 1973, June 21, 1973, June 2~, 1973, June 26, 1973, June 27, 1973,
June 28, 1973 and June 29, 1973.
C. Norman Walker, Chairman
Betty June Hayes, Clerk