HomeMy WebLinkAboutMinutes - 19731218~~~
MINUT35 OF THE ORANGE COUNTY
BOARD OF COI~IISSION""r.RS
December 18, 1973
The Beard of County Commisa3.oners of Orange County met in regular session in
the Commissioners Room of the Courthouse in Hillsborough at 8 o'clock P.M, on
Tuesday, December 18, 1973.
Members Present: Chairman C. Norman Walker and Commissioners Henry S. Walker,
Flora Garrett, Richard E. Whitted and Melvin Whitfield.
Members Absent: None.
Chairman Walker recognized Mary Scroggs, Chairman of the Chapel Hill School
Unit, and Dr. Robert Hanes, Superintendent of the Chapel Hill School Unit. They
filed the following:
R~TIEW OF REQUEST FOR FUNDS FOR
HIGH SCHOOL OCCUPATIONAL ADDITION
I. Initial Request for 1973-74 made to Board of Commissioners on June 4,
1973: $500,000.00
TI, In the budget hearings before the Commissioners, the Chapel Hill-
Carrbaro Board of Education agreed to a reduction of this request in
order to balance the budget reouests with the understanding that the
amount so reduced would have first priority in the 1974-75 budget.
Thus, this request was reduced by $135,000.00.
III. 2t was informally agreed that the necessary authorization would be made
by the County Commissioners at the time aontracts were to be awarded.
This authorization would be with the anderatanding that no actual call
would be made on the additional funds until after July 1, 1974•
IV. Bads have been received. The bids are considerably higher than expected.
The total construction bid is $741,335.00.
V. The Chapel H311-Carrboro Board of Education requeata assistance in order
to fund this bid in the following manner:
A. In 73'74 C. 0. Budget $365,000.00
B, Deferred to be priority funding 135,000.00
in county 71a.-75 budget
C. To be included in Chapel Hill- Carrboro
C. 0. budget for 1974-75 2l~.1,335.00
TOTAL $741,335.00
VI. Thus, the Chapel Hill-Carrboro Boar3 of Education requeata authorization
from the County Commissioners _°or funds in the amount of $376,335.00.
No requeata will be made For these funds until after July 1, ].97~.. This
portion of the construction cost will be expended between July 1, 1974 and
February 1, 1975.
Mrs. Scroggs stated that in order for the Chapel Hill Board of Education to let
the contracts on the vocational building that they need a committment from the Board
of $2la.1,335.00 to the Chapel Hill-Carrboro School Unit. Discussion ensued on .the
proposed bid and construction. Mrs. Scroggs stated that her Board was anxious to
award the bid in order to allow the contractors to proceed with the ordering of
construction materials.
Upon motion of Commissioner Flora Garrett, seconded by Commissioner Henry S,
Walker, it was moved and adopted, that the Chapel Hill School Board be authorized to
proceed with the letting of the contract of the vocational building.
Chairman Walker stated that the Board needed to continue discussion on the
Flood Control Insurance Program. Commissioner Flora Garrett stated that she had
heard from one citizen of Northern Orange County who was interested in the program.
Dissuasion ensued and the matter that a building coda would be needed in order to
implement one of the requirements of the Flood Insurance Program was brought into
the discussion.
Upon mot:.on of Commissioner Flora Garrett, asconded by Commissioner Richard
E. Whitted, it was moved, that Orange County adopt a Flead Plain Insurance Program
and that an application be filed with the proper Federal agency. Further discussion
ensued as the mechanics that would be required to institute the requirements of
securing the Flood Plain Insurance for the County. Chairman Walker called for a
vote on the motion. Coamtissianers Remy S, Walker, Flora Garrett, Malvin Whitfield
and Richard E. Whitted voted ape. Chairman Norman Walker voted nay.
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Chairman Walker referred the Board to Item 4 of the Agenda entitled
Enaatment of Resolution approving Consumers Utility Corporation and its Bonds.
The County Administrator presented a Resolution that he had received from John
McKee,
RESOLUTION OF TFi/ BOARD OF COMMISSIONERS OF
ORANGE COUNTY
APPROVING CONSUN~RS UT IL TTY CORPORATION OF
ORANGE COUNTY ATdD ITS BONDS
"WIiEc~EAS, the University of North Carolina at Chapel Hill, an
• _ institution of higher education of the State of North Carolina ('$he
University"), has for many years owned and operated water, sewer,
electric and telephone systems ("the Systems'), and h&s provided
therefrom such utility services within a service area aonaiating not
only of the University itself, but also portions of the County of
Crange, including the Town of Chapel Hi11 and the Town of Carrboro,
and some adjacent smaller areas of the County of Durham and the County
of Chatham, all political subdivisions or instrumentalities of the
State of T7orth Carolina; and
WHEREAS, a special aommisaion ("the Churah Commission"), appointed
by the Governor of the State of North Carolina pursuant to 1971 N. C.
Sass, Lawa, Ch. 723, has recommended, however, the divesture of the
Systems by the University, and the Church Commission has issued
prospecti with respect to the Syatema, and the sale thereof, and will
receive formal bide therefor up to N.arch 1, 1971}; and
47HEREAS, to assure the provision of adequate, dependable and
economical water, sewer, electric and telephone utility services to
said political subdivisions, and the inhabitants thereof, including
the University, public'-spirited and civic-minded residents thereof
determined to form the Consumers Utility Corporation of Orange County
("the Corporation") under the State's general nonprofit corporation
law for the purpose of accuiring, improving and operating the Systems
for the beneficial use of such political subdivi.aicns and the general,
public therein; and
WHE~sF.S, the Corporation proposes to issue its bonds, notes and
other evidences of indebtedness, both long-term and short-term ("the
Bonds"), in ore or mcre series for the purpose of financing the
acquisition and improvement of the Systems, in an aggregate principal
amount auffiaient therefor; and
WHEREAS, the Bonds will be secured by an exclusive pledge of and
lien on the revenues of the Systems derived from the Corporation's
ownership and operation thereof, including revenues derived from rates
and ahargea imposed for the use of the services and facilities of the
Systems, and any other funds which may be lawfully applied thereto,
except, however, for any short-term Bonds which may be additionally
secured by and be payable from the proceeds of the sale of long-term
Bonds; and
WHEREAS, the Bonds will be issued pursuant to indentures, bend
resolutions or similar security documents ("the Indenture") in customary
form, ar_d containing the usual terms, conditions and provisions,
including those creating trust funds and accounts, prescribing covenants,
fixing terms and conditions under which additional bonds, notes and other
evidences of indebtedness ("Additional Bonds") may thereafter be
issued on a parity with the Bonds for the corporate purposes of the
Corporation, for the financing of additions, improvements, betterments
and extensions, and for the refunding of Bonds and Additional Bonds,
and provisions pertaining to the trustee, defaults and remedies and
related matters; and
WH~AS, under the proposed Indenture, the revenues derived from
the Systems by the Corporation will be pledged to the payment of the
debt service an the Bonds, the payment of op oration and maintenance
expenses and the costa of making additions, improvements, betterments and
extensions, and the maintenance of reasonable reserves for, or
appropriate to, any of the foregoing.
NOW, TORE, IT IS HEREBY DrTERMINED AND ORDERED, ghat the
Consumers Utility Corporation of Orange County, and its Bonds, are
_ app=owed.
T4aved by Commissioner Henry S, Walker, aeaonded by Commissioner
Richard E. Whitted, and adopted by the following votes: Yea Chairman
Norman Walker, Commiasinners Flora Garrett, Henry 5. Walker, Melvin
Whitfield and Richard E. W2?itted, Nay: None
this 18th day of December, 1973.'
Chairman 6lalker referred the Board to item 5 of the Agenda entitled
Execution of Certificate relating to Land Rights - Sediment Structure Number
One. The County Administrator advised the Board that it needed to execute
a land right document in order to avoid any further delaj on the matter.
Discussion ensued.
"UNITED STATES DEPARTMENT OF AGRICULTI7RE
SOIL CONSEBV$T10N SERVICE
CERT PrZCATION RELATING TO
LAND RIGHTS, WATER RIGHTS (af), AND CONSTRUCTION PERMITS
FOR THE
LAKE ORANGE WATERSHED
STATE OF NORTH CAROLINA
The undersigned ORANGE COUATTY BOARD OF COMMISSIONEP.S having agreed to a
watershed work plan for the above designated watershed, hereby certify
that:
1. Adequate land rights (including permits to use land) and water rights
(#) needed for the installation, operation, maintenance and inspection
of the works of improvement described as follows have been acquired:
The Orange County Commissioners have allocated adequate funds for
their share of the estimated coats of this structure.
2. The legal instruments by which the land rights were acquired have been
properly signed, acknowledged, and recorded. Yea
3. A copy of each land rights instrument not previously furnished to the
Soil Conservation Service is attached. All previously furnished.
!~. All construction permits required by State or local law have been acquired.
5. Only the following (i.e. utilities, roads, etc.) that would interfere
with the construction, inspection, operation and maintenance of the works
of improvement described herein remain to be salvaged or relocated. The
arrangements made for the salvaging or relocating, and the time such work
will be accomplished is as indicated below: A letter of January 7, 1972,
from C. R. Edgerton of the N. C, Highway Commission to John H. Davis,
also of the Commission, stated that the flooding of SR #1353..."would not
be serious enough to warrant an ad5ustment at this time...that the SCS' ~-
be advised that the Highway Commission will not require any adjustment to
satisfy their proposed silt detention pond."
A cope of the letter was furnished February 29, 1972. Timber on the site
is to be salvaged by owners. ~_,.._
3Elncluding storage rights where applicable.
The Local Organization(s) recognizes that any excess costs resulting from the
inadequacy of any ri hta certified to herein are the responsibility of the
local organization(s~,"
Upon motion of Cpmmissioner Henry 5, Walker, seconded by Commissioner ?4elvin
Whitfield, it was moved that the County execute the certificate Relating to Land
Rights, Water Rights and Construction Permits For the Lake Orange iatershed,
Chairman Walker called for a vote on the motion. Commissioners Henry S. Walker,
Norman Walker, Melvin Whitfield and Richard E. Whitted voted aye. Commissioner
F7.ora Garrett voted nay.
Chairman Walker referred the Board to item 6 of the Agenda entitled Request
of Dr, Merrel D. Flair to release late list charge on his 1973 tax listing.
The County Accountant stated that Dr. Flair was in Africa on business for the
University of North Carolina during the tax listing period and that he was requesting
the late listing penalty to be waived due to the fact that he was out of the country.
The County Administrator advised the Board that T]r. Flair could have listed his
taxes by mail as many residents saho work for the University or other professional
agencies are out of the country during the tax listing period and that they, in
most cases, take care of this matter by mail, therefore, he recommended that the
reo_uest of Dr. Flair be denied,
Upon motion of Commissioner Henry S, Walker, seconded by Commissioner
Richard E. Whitted, it was moved and unanimously adopted, that the request of Dr.
Merrell Flair relative to his late listing tax penalty be denied.
Chairman Walker referred to item 7 of the agenda entitled Request of Merrimac _
Construction Company for County Eoard of Commissioners to hear its appeal of the
tax assessment planed on the Ogburr. Furniture Company Building on West Franklin
Street iri Chapel Ri11. Discussion ensued.
Upon motion of Commissioner Henry 3. Walker, seconded by Commissioner Richard
r Whitted, it was moved and adopted that the Board would agree to hear the appeal
of Merrimac Construction Company.
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The County Administrator advised the Board that he'had received a similar
request from F & F Realty on the Daniel Boone Complex. Mr. Gatos stated that
,2r, Freeland had advised him that he had received only one tax notice relative
to his property tax assessment, The Board agreed to hear the appeal of Mr,
Freeland.
The County Administrator presented a plat that needed to be approved. He
stated that the County Planning Board had cancelled its November meeting and that
the owner was angered due to the fact that his plat could not be approved in
' November, however, the plat was submitted to the Planning Board on December 17,
1973, an3 the plat was approved. The County Planning Officer was requesting the
~ Board to consider approving the plat at this meeting.
Upon motion of Commissioner Richard E. Whitted, seconded by Commissioner
Henry S, Walker, it was moved and adopted that the plat entitled "Property of
kf, L. Latta" be approved upon the stipulation that lot s was not to become a
building lot and no building permit be issued for lot 5 as designated on the
plat.
Chairman Walker referred to ;tam 1} of the Agenda entitled "khactment
of Resolution approving Consumers Utility Corporation and its Bonds."
Discussion ensued concerning the proposed resolution.
Upon motion of Com!~issivner F.enry S, Walker, seconded by Commissioner
Richard B, Whitted, it was moved and adapted, that the resolution entitled
"Resolution of the Board of Commissioners of Crange County Approving Consumers
Utility Corporation o£ Orange County and Its Bonds be apprcved provided the
County Attorney did not find anything in the wording of the resolution that
would be detriment of the County.
The Chairman referred the Board to item 8 and he requested the Clerk to
recite the circumstances that had lead to the misunderstanding relative to the
July 17th meeting, Discussion ensued,
Upon motion of Commissioner Henry S. Walker, seconded by Chairman Norman
Walker, it was moved that the minutes of the July 17th meeting stand approved
as read except for the items that dealt with the Comununity Action Program
request and that this should be stricken from the minutes. Commissioner Flora
Garrett moved that the motion lay upon the table. The Chairman stated that all
action would be deferred until the January 7th meeting.
The County Administrator advised the Board that dog tax as it was currently
known would no longer be effective as of February 1, 1974, however, the Board
had the authority to institute a pet tax. This pet tax could include any type
of animal that the Board decided they wished to ta.'~. Discussion ensued.
There being no further buaineas to come before the Board the meeting
adjourned,
C. Norman Talker, Chairman
Betty June Reyes, Clerk