HomeMy WebLinkAboutMinutes - 19740107MINUTES OF THE ORANGE CCUNTY
BOARD OF CCMMISST_ONERS
January 7, 1974
The Board of Commissioners of Orange County met in regular session on Monday,
January 7, 197!}, at 10:00 o~cloak A,M, in the Commisaionera Roem of the Courthouse
in Hillsborough, North Carolina.
Members Present: Chairman C. Norman Walker and Comariasfonera Henry S. Walker,
Flare Garrett, Richard E. Whiffed and Melvin Whitfield.
Members Absent: None.
Chairman Walker stated that the Board would dispense with the reading of the
minutes at thin time.
The Chairman recognized Finley Parker, resident of sR 13b8. Mr. Parker stated
that this road was in terrible condition and that he felt the highway department
should make more effort to correct the conditions that do exist on said road.
Chairman Walker advised Mr, Parker that the Board of Transportation was now in
the process of reviewing and establishing a priority rating for all the roads in,
the county, The Clerk was instructed to write to Sam Jones, District Engineer,
relative to SR 1368,
The Chairman referred to Item ~ of the Agenda: (Report By ~ginaers of the
State Insurance Department on Building Inspection Programs and Procedures.)
Kern Church, Engineer for the State Insurance Department, made an explanation
of the reasons and the requirements of the statewide,J'.ectrical and Building Codes
and he filed with the Board copies of the General Statutes pertaining to enforcement
of the Codes, Mr, Church reviewed the methods and procedures that could be
utilized in the establishment of a Building Inspectors program. Discussion ensued.
Volun eerCFire Comp anyrtodcreatesa SpecialeFirenDistriatginsthefOrangeeGrovee
~ White Cross area under the provision of Chanter )a.39 of the Session Lawa of 1973).
This Chapter fe known as the Service District Aot. The County Administrator
advised the Board that a group of citizens for the Crange Grave area had requested
that a volunteer fire company be oreated under the Service District Act. Mr.
Gattis advised the Board if the fire district wsa established under this legislation
then the County would be required to advertise in the local papers and that a letter
of notification must b® forwarded to all property owners in the proposed fire
district area, however, the Board could act under another Statute that would allow
a vote of the residents in the proposed fire district area. A vote of the reaidenta
would require a special registration of citizens within the proposed fire district.
F..e stated further that if the Board did not feel inclined to allow the district to
be established by the Service District Aet then the Board should allow the citizens
who are supporting the fire district an opportunity to discuss the matter with the
Board and that a speaial election would require the submission of a petition signed
by at least fifteen (15~) percent oP the residents of the proposed area. Disaussion
ensued.
IInon motion of Commissioner Flora Garrett, seconded by Commissioner Norman
Walker, it was moved and unanimously adopted, that the County Administrator advise
the Orange Grove Volunteer Fire Company that the Board would be willing to hold a
special referendum on the question of establishing the Crange Grove Fire District.
Chairman Walker referred the Hoard to Item 9 of the Agenda: (Appointments:
One member on the Chapel Rill Board of Adjustments.)
appointeeiswhonwasFRobertaMellott,shad arovedafromatheeCountyiand that the Count
needed to fill the unexpired term of Mr. Mellott on the Chapel Rill Board of
Adjustments. The Board inquired oP Mr. Gattis if a formal notice of Mr, Mellott~a
resignation had bean received. He atatad that no official notice had been received.
It was agreed that no member should be appointed until the vacancy was declared.
Chairman Walker referred the $oard to Item 10 of the Agenda: (Discussion of
the proposed statewide land use plan and the amendments to this plan suggested by
Triangle J Council of Governments.)
Commissioner Flora Garrett, who represents Orange County on the Triangle J
Council of Governments, stated that the Triangle T Council of Government was
requesting each local Board to endorse several proposed amendments to the Land
Poliay Act as the Council felt that there was not enough input by local government
officials. Commissioner Flora Garrett filed the following proposals:
1_~3
: Section 486 c (14) Add the underlined portion:
To prepare, in conjunction with local ublia officials and
re ipnal ~lsnnin authorities, and recommend to the overnor,
within two Sears following t e effective date of this Act, a
State Land Policy as defined in G.S. 143-487 of this eat.
Section 486 J Add the underlined portion:
Hearings
i
The Council, in conjunction with the lead re ional or anization
~ of the multi-count re ions in the s ate, shal conduct such
pu 1ic hearings as it shall determine to ba necessary or
appropriate to adoption of the State Land Policy and the State
Land Clssaification System.
Add a new Section 487 b as follows:
Those portions of State Land Policy dealing with aspects
affecting or concerning local governments shall be transmitted
bs the North Caroling Land Policy Council to the Governor far
promulgation only after such portions shall have been affirmatively
recommended by both the North Carolina Lend Policq Council and a
majority of the lead regional organizations bP the seventeen
multi-county regions in the state. The lead regional organizations
in the regions are considered as representative of the local
governments within the region.
and renumber former Section 487 b to 487 c.
Rewrite the first paragraph of Seetiori 143-488 State Land.ClassiPication
Sgstem (s) as follows:
Within two ysara following the effective date of this act, and
after thorough study of all pertinent information, the North
Carolina Land Policy Council in conjunction with the lead regional
organization of the seventeen multi-county regions shall develop
a State Land Clssaification Sgstem, which shall include comprehensive
guidelines and policies and a method for the classification of all
lands in the State. The State Land Clssaification System shall be
considsred adopted after being mutually adopted by the State Land
Policy Council and a mafority of the lead regional organizations of
the multi-county regions. The State Land Clssaification Sgstem shall
_ be for the purposes of: (as listed in bill)
It was agreed that the Board would defer action on the matter until
Tuesday, January 15, 1974.
Chairman Walker referred the $oard to Item 11 of the Agenda: (Adoption of
Nsw Landfill rates: The scales at the Countywide Landfill have now been in
operation long enough to allow aslculation of a rate based on tonage rather than
volume.)
The County Administrator presented the following:
LANDFILL RATES
In determining s landfill rata schedule b&aed on weight, little "hard data"
are available. Because this will be the first public landfill in the state
to charge on the basis of weight, schedules in other municipalities were of
no value. As a result the proposed rate schedules are based primarily on
volume charges which were converted to dollars per ton. According to these
computations, regular trash disposal charges average $1.89 par ton. At this
rate revenues generated would match those of last. year. In light of the
deficits incurred by the landfill.last Sear and the tentative nature of this
figure, it is proposed that the standard rate per ton be set at $2.00.
The current landfill rat®a also fail to reflect the varying costa of
processing certain typsa of trash. For example, loads of stumps and logs
are more difficult to process than is regular trash because theg are not
compactable. In addition to the fact that they take up more space, customers
have the option of disposing of this material elsewhere since no sanitation
problems are involved. Therefore, it is proposed that the rate for stumps and
loge and other materials of this nature be set at $4.OD per ton. This
doubled rate reflects the opinion of landfill personnel that disposal of
these non-compaatable, bulky materials is at least twice sa time/apace
consuming.
Charges for trash dropped off in cars and pick-up trucks would remain as
is ($1.00 and ~y2.00 respectively),
The $2.00 figure per ton was found to be "highly acceptable ,by Mr. Uary, of
the Sanitation ~gineera Division, State Board of Health. Mr. Uary advised
that 4 cubic yards of compacted trash on the average weigh-one ton. Our
current volume rate $,40 per cubic yard, translates into $1.60 per ton.
Additionally he Pelt that the use of a special rate schedule for non-
comnactable items (see below) was Justifiable and that the proposed rate
appeared reasonable.
Carrboro-Chapel Bi11-Orange County
Proposed Landfill Fees
To Be Effective January 1, 197)x.
Regular garbage and trash $2.00/ton ~
Construction and demolition materials 4.00/ton ~
Stumps -
Logs 14.00/ton
Tires 4.00/ton
Trash and garbage delivered in: )4.00/ton
Cars 1.00/ton flat rate
Pick-up trucks 2.OD/ton flat rate .
Rates based on weight (excludes cars and pick-ups will be charged a per
pound rate of .001 or .002 with a minimum charge equal to the charge for
one ton ($2.00 or $4,00).
Animal aarcasea be accepted at no charge, but they must be planed in a
prepared ditch and covered with dirt by the person who brings the animal.
Discussion ensued.
Upon motion of Commissioner Richard E. Whitted, seconded by Commissioner
Henry S. Walker, it was moved and unanimously adopted, that the Board approve the
landfill rates that had been submitted by the Towns of Carrboro and Chapel Hill.
Chairman Walser referred the Board to Item 12 of the Agenda: (Request of New
Hbpa Rescue Seuad Por a County contribution of $2,000 to assist in the operation of
their ambulance service.)
The County Administrator presented the following letter dated January 1, 19714,
from J, T. Crabtree, Jr„ Chief New Hopa Rescue Sound, Ina:
On behalf of the New Hope Rescue Seuad, Incorporated, we would like to request
some funds to operate and buy equipment with from the county. Our prorated
operating expenses for the 1974 fiscal year is approximately $8000. Wa believe
that by having suppers and other functions that we can raise approximately
$5000 to $6000, therefore leaving .a balance of $2000 of which we will need
to aintinue our operation.
Thank you.
Upon motion of Commissioner Henry 3, Walker, seconded by Commissioner Flora
Garrett, it was moved and unanimously adopted, that,the Board approve the $2,000.00
request of the New Hope Rescue Squad, Inc.
Chairman Walker referred the Board to Item 13 of the Agenda: (Triangle J Council
of Governments: A. Dissuasion of proposed 208 Planning Area for Waste TATater Treatment.
B, Discussion of Lead Agenay and its role in developing a 201 Faa~.lities Plan for the Durham-
Chapel Hill-Carrboro area.)
Chairman Walker recognized Mark Burnham of the Triangle J Council of Governmanta.
Mr, Burnham Piled a Memorandum to Local Governmanta Proposed for inclusion in the
Region J 208 Planning Area, a 208 Water Quality Management Report and a Resolution
Indicating Intent tc Join with other General Purpose Units of Local Government in
the Raleigh-Durham Standard Metropolitan Statistical Area to Develop and Implement
a Plan Resulting in a Coordinated Waste Treatment Management System for the area.
Mr. Burnham advised the Board that a Public Hearing on the subjeot had been called
for January 21, 19714, at 7:30 p,m, in the Auditorium of the Archives and History
Building in Raleigh.
The County Administrator advised the Board that the City of Durham was desirous
of being named Lead Agenay for the pronesed 201 Project.
Chairman Walker referred the Board to Item 1 of the Agenda: (Minutes, July 17th ~
Meeting: Continuation of previous discussion.)
Tha Chairman renuested the Clerk to again state the circumstances that had __
occurred in the transcribing of the July 17th minutes and how these circumstances
had resulted in an error being made in the minutes. Miss Hayes advised the Board
that she had not secured a copy of the presentation that had been made by Chairman
Stalker on the 17th. That the copy that had been inserted in the minutes had been
obtained from the County Administrator and that copy was not the verbal presentation
that had been presented by the Chairman at the beginning of the 17th meeting. The
error had occurred due to the Pact that she was not aware that another budget
proposal had been prepared by the Chairman and the County Administrator.
1. I propose as Chairman of this board to set a tex rate not to exceed 60¢.
2. To de this we will have to cut from the General Fund $100,000 Current
Exvense (2 unite).
3. I further propose to cut $300,000 total from both unite making the
combined budget $1,502,575, which will be divided as follows:
Carry Dver
i
A. Chapel Hill Unit $760,904 + 102,51$ = 863,422
~ B. County Unit 7h1.671 + 94,305 = 835,976
1,502,575 1,699,398
C. This will ive Chapel Hill $170.67 per pupil an increase over last
year of 23~ (or dust $1.83 lase than your request per pupil)
D. Orange County Unit will gat $169.53 per pupil (or 20.29 leas than
their request per pupil.l (We are actually raising~$150.40 per
pupil for each unit) ~
CAPITAL OUTLAY
4. I ropoae to cut the Capital Outlay budget for both units, a total of
$385,000.
5. This means our total Capital Outlay &ppropriations would be $1,215,000.
A, Giving the Chapel Hill Unit $615,276 - cut 238,797
B, Giving the County Unit 99 - cut 146,276
1,215,000
(This ie $69,000 less Capital Outlay than was appropriated last year)
SUPPLEMENTARY 'A'A$
6. 1 propose to sat a rate of 21¢ making a total of $609,000 cut $112,000
Upon motion of Commissioner Henry S, Walker, seconded by Chairman Norman
Walker, it was moved that the minutes of the July 17th meeting that are recorded
in Minute Docket Book ~8, Page 98 and 99 be corrected to reflect the statements of
Chairman Walker that is recorded immediately preceeding this action.
Chairman Walker called for a vote on the motion. Commissioners Henry S.
Walker, Melvin Whitfield and Chairman 'Norman Walker voted aye. Commissioners
Flora Garrett and Riahard Whitted voted nay. Chairman Norman Walker declared
the motion passed.
The Chairman referred the $pard to Item 1!} of the Agenda: (Approval of 1973
tax refund to West End Apartments, Inc. of $1,696.21. This property owner's
agent paid this 1973 tax 'hill in full prior to final settlement of value by the
Board of Equalization and Review. This refund will implement the decision of the
Board of Equalization and Review.)
The County Administrator stated that in order for the County to refund the
money the Board must authorize the payment.
Upon motion of Commissioner Richard Whitted, seconded by Commissioner Melvin
Whitfield, it was moved and unanimously adopted, that the Tax Supervisor be
authorized to refund $1,596.21 to Weat End Apartment a, Inc.
The Chairman referred the Board to the minutes of the Dec®mber 3rd, l~.th and
18th meetings. Cerregtioas were made in the minutes of December 3rd.
Upon motion of Commissioner Flora Garrett, seconded by Commissioner Richard
Whitted, the minutes of the December meetings were approved after the proposed
' corrections were inserted in the December 3rd minutes.
Chairman Norman Walker recognized C. W. Davis, the County~s representative
.. on the North Central Piedmont Resources Conservation & Development Committee. Mr.
Davie presented the following letter and Resolution:
"At the December meeting of the steering committee, Randolph County
requested to be added to the North Central Piedmont Resource
Conservation and Development Program.
Randolph County fills a gap in the basin oP the upper Cape Fear
River not now a part of the RD~CD project, though it gives rise
to Deep and Roc'~y Rivera, two of the major streams of the upper
basin. Tha peopple of'Randvlph, during the program's formative
period in 1967-68, were interested in joining but local cir-
cumstances at that time prevented them from doing so.
The area RCFcD steering committee last month unanimously approved
their addition to the project. Inclusion, however, is contingent
upon the approval of the original sponsors -- these being the boards
of county commissioners, the county planning boards, and the local
evil and water conservation districts.
Included with this letter is a draft of a resolution which will
meet this need. We present it for your consideration."
"A RESOLUTION FOR THE ADDITION OF RANDOLPR COUNTY TO THE
NORTH CENTRAL PIEDMONT RESOURCE CONSERYATTON AND DEVF,LOP-
MELVT PROGRAM OF NORTR CAROLINA.
WHEREAS Randolph County has requested to be included in the North
Central Piedmont Resource Conservation Program; and
WHEREAS Randolph County is an integral part of the geographic and
economic area of the upper Cape Fear River Basin; and
WHEREAS Randolph County is affected and affects the development of
the water and other natural resources of the upper Cape Fear River
watershed;
BE IT RESOLVED that the Orange County Bcard of Coaanissionera support
the addition of Randolph County to the North Central Piedmont Resource
Conservation and Development Program."
Upon motion of Commissioner Henry S, Walker, seconded by Commissioner Flora
Garrett, it was moved that the Resolution as presented by Mr. Davie be unanimously
adopted.
The Chairman referred the Board to Item ~6 of the Agenda: (Report by County
Attorney $tepa iSeoessary to Fhact a Building Inspection Program in Orange County.)
The County Attorney advised the Board that according to G. S, 143-1~8 the
Board could adopt a Resolution that would bring the County under the North Carolina
Building Code.
The Chairman referred the Board to Item 3 of the Agenda: (County Attorney
Reporting on New Statutes Controlling Disposal of Land by a County.)
Tha County Attorney advised the Board that the 1973 General Assembly had
enacted a Chapter that amended G.S. 1~3-176 and that now in accordance with G.S.
160A-267, 16DA-267, 160A~268, 160A_269 and 160A-270 effective February 1, 197.,
the County could not dispose of any real property except in the following manner:
160A-267. Private Sale. When the council proposed to dispose of property
by private sale, it shall at a regular oouncil meeting adopt a resolution or
order authorizing an appropriate city official to dispose of the property by
private sale at a negotiated price. The resolution or order shall identify the
property to be sold and may, but need not, specify a minimum price. The
resolution or order shall be published once after its adoption, and no sale shall
be consummated thereunder until 10 days after its publication. (1971, c,698,s.1.)
160A-268. Advertisement fpr sealed bids. The sale of property by
advertisement for sealed bide shall be done in the manner prescribed by law for
the purchsaq of property, except that in the case of real property the
advertisement for bids shall be begun not less than 30 days before the date
fixed for opening bide. (1971,c.69$,s, l.)
160A-269. Negotiated offer, advertisement, and upset bids. A city may
receive, solicit, or negotiate an offer to purchase property and advertise it
for upset bide. When an offer is made and the council proposed to accept it,
the council shall reeuire the offeror to deposit five percent (S~) of his bid
with the city .clerk, and shall publish a notice of the offer. The notice shall
contain a general description of the property, the amount and terms of the
offer, and a notice that within 10 days any person may raise the bid by not leas
than ten percent (1C,~) of the first one thousand dollars ($1,000) and five
withethe(c~ty clerk fiveipercent~(s~)aofithesincreasedtbidblandrtheaclerkpshall
readvertise the offer at the increased bid. This procedure shall be repeated
until no further cualifying upset bids are received, at which time the council
may accept the offer and sell the property to the highest bidder for cash. Tha
council may at any time reject any and all offers. (1971,c.698,s. 1.)
z
~.~ E
lbOA-270. Public Auction. When it is proposed to sell real or
personal property by public auction, the counoil shall first adopt a
resolution authorizing the sale, describing the property to be sold,
specifying the date, time, place, and terms of sale, and stating that
any offer or bid must be accepted and confirmed by the council before
the sale will be effective. The resolution may, but need not, require
that the highest bidder at the sale make a bid deposit in an amount
specified in the resolution. The counoil shall then publish a notice
of the sale once 30 days before the sale. The notice shall contain a
_ general description of the land sufficient to identify it, the terms
of the sale, and a reference to the authorizing resolution. After bids
have been received, the highest bid shall be reported to the council,
end the council shall accept or reject it within 30 days thereafter.
i• If the bid is rejected, the aouncil may readvertise the property for
- sale. (1971,c.698,s.1.)
The Chairman referred the Board to Item 8 of the Agenda: (Dissuasion
and F;hactment of policy towards requests to withdraw rezoning application
after they have been advertised.)
Chairman Walker reoueated Mark Burnham to comment on the matter. Mr.
Burnham stated that he was of the ppinion that after the County had advertised
the duly called Public Hearing then the applicant should not be allowed to
withdraw the request or if a request for re-zoning was withdrawn then the
applicant could be charged a fee for the expenses that had been incurred by the
County.
The County Administrator suggested that the Board not permit any withdrawal
of re-zoning requests once the reoueat had been advertised. It was suggested
that a written reoueat must be filed by the appliaant one week prior to the
scheduled Public Hearing, and that a poster type notice should be placed on the
property. Further discussion ensued. The Board requested the County Administrator
and Mark Burnham to write a Policy statement as they felt a policy would allow
flexability and accomplish the purpose rather than placing the item into the
Zoning Ordinance.
The Chairman referred the Board to Item 2 of the Agenda: (Northern Orange
Medical Foundation represented by Mr. Raymond Montgomery: Presenting a petition
concerning acouisition of a parcel of property on Cameron Street from Orange
County.)
Chairman Walker recognized Raymond Montgomery, Mr. Montgomery made the
Following statements;
"Due to having been given the incorrect date of the meeting as
the 8th when 1 ask Mr. Gattia to be put on the docket I was unable
to oollect all the petitions to be presented today since I only
learned of this Monday meeting yesterday and had not planned to pink
up the petiticns until today, but wa feel we have gotten enough support
throughout the county to warrant continuing this petition.
Due to haveing been given the incorrect date 2 would like to now
that this be put on the docket for your next meeting at which time
this petition will be presented.
Since this petition was drawn up 2 have learned that a donation
would be eligible, however, we feel the $15,000 per acre which you are
asking is much to high. On behalf of the people of Orangge County I am
asking for a complete breakdown of this property giving in writing cost
of this property, a complete breakdown of each investment and how this
1.s acre portion of land was prorated from this expenditure. I am
&aking that the Orange Count' Commisaioriera have this information in
writing at the next meeting.'
Chairman Walker reoueated the County Attorney to. explain the amendments
that had been enacted by the 1973 General Assembly relative to the disposition
ofproperty by a County. Mr. Cheshire cited the Statutes and its meaning.
Chairman Walker explained how the purchase price of the reoueated
property had bean determined. He advised Mr. Montgomery that he spoke for the
entire Board and that the quoted price of $22,SD0 was the decision that had been
made. It was agreed that Mr. Montgomery would be placed on the Agenda for the
January 15th meeting.
The Hoard re-referred to Item 6 of the Agenda. A discussion ensued conoerning
the type aT building code that was needed by the County and the duties of a
building inspector were reviewed. The following resolution was reviewed:
~~~
RESOLUTION TO 2NDICATE THE BUILDING PERMIT SYSTEM
WHEREAS, the County of Orange has adopted and is enforcing
State Building and a Zoning Ordinance, and
WHEREAS, Section 1-8 of the North ¢arolina Building Code of the
aforesaid prohibits any person, firm or corporation from erecting,
constructing, enlarging, altering, reaairing, improving, moving or '
demolishing any building or structure without Pirat obtaining a
separate building permit Por each building or structure from the
Building Inspector, and
WHEREAS, the Building Inspector must examine all plans and
specifications far the proposed construction when application is made
to him for a building permit.
NOW, TREREFORE, F3E IT RESOLVED by the Board oP Commissioners of
the County of Orange as Follows:
1. That the County Building Inspector shall review all building
permit applications for new construction or substantial imvrovements
to determine whether proposed building sites will be reasonably safe
from flooding. If a proposed building site is in a location that has
a flood hazard, any proposed new construction or substantial improve-
ment (including a prefabricated and mobile homes) must (i) be designed
(or modified) and anchored to prevent flotation, collapse, or lateral
movement of the structure, (ii) use construction materials and utility
equipment that are resistant to flood damage, and (iii) use construction
methods and practices that will minimize flood damage; and
2. That the Ccunty Building Inspector shall review subdivision
proposals and other proposed new developments to assure that (i) all
such proposals are consistent with the need to minimize flood damage,
(ii) all public utilities and facilities, such as sewer, gas, electrical,
and water systems are located, elevated, and constructed to minimize
or eliminate Flood damage, and (iii) adequate drainage 3s provided ao
as to reduce exposure to flood hazards; and
3. That the County Building Inspector shall require new or
replacement water supply systems and/or sanitary sewage syatema to be
designed to minimize or eliminate infiltration of flood waters into the
systems and discharges from the syatema into flood water a, and require
on-site waste disposal systems to be located so as to avoid impairment
of them or contamination from them during flooding,
Upon motion of Commissioner Richard E. Whined, seconded by Commissioner
Flora Garrett, the Board moved the adoption of a Resolution to Institute the
Building Permit System for the County. Diacuasion ensued.
Commissioner Richard E. Whitted amended his motion in order to delete paragraph
two and three of the proposed resolution. Further discussion ensued.
Commissioner Richard E. Whitted then withdrew his motion relative to the
Resolution to institute the Building Permit System fox the County.
Upon motion of Commissioner Richard E. Whitted, seconded by Commissioner
Flora Garrett, the Beard moved to adopt a Resolution to enforce the North Carolina
State Building Code and the North Carolina State ELectrical Code with all references
to the Plumbing and Heating Code to be deleted from the North Carolina State
Building Coda.
Said Resolution appearing verbatum in Ordinance Book ~'1 beginning on page ~
which said Resolution is hereby incorporated in the minutes by reference.
Upon motion of Commissioner Richard E. Whined, seconded by Commissioner
Flora Garrett, it was moved that Orange County adopt the following Resolutions:
RESOLUTION TO BE USED WHEN APPLYING FOR FLOOD INSURANCE
"WREREAS, certain areas of Orange County are subject to veriodia flooding
land/or mudslides) from (STREAMS, RIVERS, LAKES, OCEANS, ETC.}, causing
seriour damages to properties within these areas; and
WREREAS, relief is available in the form of Federally subsidized flood
insurance as authorized by the National Flood Insurance Act of 1968; and
WHEREAS, it is the intent of this Board of Commissioners to require the _
recognition and evaluation of flood and/or mudslide hazards in all official
actions relating to land use in the flood plain (and/or mudslide) areas having
special flood (and/or mudslide) hazards; and
~.~9
WHEREAS, this body has the legal authority to adopt land use
and control measures to reduce future flood losses pursuant to
Article 20, Chapter 153 of the North Carolina General Statutes;
NOW, THF,REFORE, BE IT RESOLVED, that this Board of Commissioners
hereby:
1, Assures the Federal Insurance Administration that it will
enact as necessary, and maintain in force for those areas having
_ flood or mudslide hazards, adequate land use and control measures
with effective enforcement provisions aonaistent with the Criteria
set forth in Section 1910 of the National Flood Insurance Program
i Regulations; and
- 2. vests County Administrator with the responsibility, authority,
and means to:
(e) Aelineate or assist the Administrator, at his request,
in delineating the limits of the areas having special flood (and/or
mudslide) hazards on available local maps of sufficient scale to
identify the location of building sites.
(b) Provide such information as the Administrator may
reauest concerning present uses and occupancy of the flood plain (and/or
mudslide area).
(c). Cooperate with Federal, State, and local agencies and
private firm's which undertake to study, survey, map, and identify flood
plain or mudslide areas, and cooperate with neighboring communities with
respect to management of adjoining flood plain and/or mudslide areas in
order to prevent aggravation of existing hazards.
(d) Submit on the anniversary date of the aommuriity~s initial
eligibility an annual report to the Administrator on the progress made
during the past year within the community in the development and
implementation of flood plain (and/or mudslide area) management measure a.
3, Appoints Orang® County Building Inspector to maintain for
public inspection and to furnish upon request a record of elevations
(in relation to mean sea level) of the lowest floor (including basement)
of all new or substantially improved structures located in the special
flood hazard areas. If the lowest floor is below grade an one or more
~i sides, the elevation of the floor immediately above must also be
recorded.
(~. Agrees to take such other official action as may be reasonably
necessary to carry out the objectives of the program.'}
RESOLTUION TO INDICATE THE BIIILDING PERMIT SYSTEM
WHEREAS, the County of Orange has adopted and is enforcing a
State Building and a Zoning Ordinance, and
WHEREAS, Section 1-$ of the North Carolina Building Code of the
aforesaid prohibits any person, firm•or corporation from erecting,
aonatructing, enlarging, altering, repairing, improving, moving or
demolishing any building or structure without first obtaining a
separate building permit for eaoh building or structure from the
Building Inspector, and
WHEREAS, the Building Inspector must examine all plans and
specifications For the proposed construction when application is made
to him for s building permit.
NOW, TFIEREF'ORE, BE IT RESOLVED by the Board of Commissioners of
the County of orange as follows:
1. That the County Building Inspector shall review all building
permit applications for new construction or substantial improvements
to determine whether proposed building sites will be reasonably safe
from flooding. If s proposed building site is in a location that has
a flood hazard, any proposed new construction or substantial improvement
(including prefabricated and mobile homes) must (i) be designed (or
I modified) and anchored to prevent flotation, collapse, or lateral
movement of the atruature; (ii) use conatruation materials and utility
equipment that are resistant to flood damage, and (iii) use construction
methods and practices that will minimize flood damages
~ri~t~
The Chairman referred to Item is of the Agenda: (Consideration and action
of temporarily changing Hormel working hours because of the change to Day Light
Savings Time, This change, if implemented, should be effective until April 1,
1974.1
The County Administrator advised the Board that he wanted them to consider
adjusting the working hours for all County employees. Discussion ensued, The
Board was of the opinion that they could not allow less working hours within
the working week and therefore, the working hours wsa left as they currently
stand.
The Chairman recognized Clayton Haithcook, Zoning Officer. Mr. Haithcook
presented the following plate:
1, Hideaway Eatatea, Section 2, Chapel Hill Township. Mr, Haithcook advised
the Board that the County Planning Board had approved this plat.
Upon motion of Commissioner Henry S, Walker, seconded by Commissioner Flora
Garrett, it was moved and adopted, that the plat of Hideaway Estates, Section 2 be
approved for recording.
2. Preliminary plat of Sleepy Hollow, Mr. Haithcook advised the Board that
the County Planning Board had denied approval of this plat, because the right oP
wag was. not shown to State secondary road, sewerage treatment was not approved by
State Health Department and it is the feeling of the local Health Department that
approval should be in writing because of closeness to Clear Water Laka,
Upon motion of Commissioner Richard E, Whitted, seconded by Commissioner
Henry S, Walker, it was moved that the Board accept the recommendation of the
County Planning Board on the preliminary plat of Sleepy Hollow.
3. Wolf's Pond, Section 5, Mr, Haithcook advised the Board that the County
Planning Soard had approved this plat,
Upon motS.on of Commissioner Flora Garrett, seconded by Commissioner Melvin
Whitfield, it was moved and adopted, that the Board accept the recommendation oP
the County Planning Board on the plat of Wolf's Pond, Section 5.
4. Robinawood, Saetion 2 Revised. Mr, Haithcook advised the Board that this
plat was inconsistent with the original recorded lot, in that, lot one in original
wsa designated as playground area and has not been so designated on the revised
plat and it has also been discovered that several Iota do not meat the minimum
requirements of the Zoning Ordinance on either plat. These late are designated as
late 6, 7, 21, 30, 38, 46, 49, 64, ~7 and 71 and there oosaibly could be others that
do not meet the reauirementa, therefore, based upon these facts the County Flapping
Board recommends that Saetion 2 of Robinawood not be approved, Discussion ensued.
Upon motion of Commissioner Richard E. Whitted, seconded by Commissioner Flora
Garrett, it was moved and adopted, that the Board accept the recommendation of the
County Planning Board.
The County Attorney brought to the attention of th® Soard that there did exist
on the public reaorda the first approved plat of Section 2 of Robinawood and that
the County could find itself in an awkward position relative to the undersized lots
if any of the lots were sold and title passed, He suggested that the Board should
take action in order that public notice could be given about the error that does
exist. Discussion ensued.
The Board asked the County Attorney to prepare a Resolution that would provide
for a declaration by the owners of Robiriswood that would reflect the situation
that does exist.
5. Minor Subdivision of Grady Riley, Revised Plat Lot ~#6. Mr. Haithcook
advised the Board that the County Planning Board had approved the plat.
'Upon motion of Commissioner Henry S, Walker, seconded by Commissioner Melvin
Whitfield, it was moved and adopted, that said plat be approved,
6, Minor Subdivision of RoJ.and Rogers, Mr. Haithcook advised the Soard that
the County Planning Board had approved this plat. Discussion ensued concerning
this plat.
Upon motion of Commissioner Henry S. Walker, seconded by Chairman Norman
Wal'sar, it wsa moved that said plat be approved. Chairman Walker called for a
vote on the motion, Commissioners Flora Garrett, Henry S, Walker, Norman Walser
and Melvin Whitfield voted aye. Commissioner Richard E, Whitted voted nay.
Chai_man Walker then declared the motion passed,
~~~
The County Zoning Officer stated that there were two re-zoning requests and
• that each of these requests had been denied by the County Planning Board. They
were:
1. Request of Hubert F, Browning to rezone tract iri Eno Township from
residential to rural commercial. Discussion ensued.
Upon motion of Commissioner Flora Garrett, seconded by Commissioner Richard
E, Whitted, it was moved that the recommendation of the County Planning Svard be
approved. Chairman Walker called for a veto on the motion. Commissioners Flora
Garrett, Richard E, Whitted and Melvin Whitfield voted aye. Cpmmiasioner9 Henry
S, Walker and Norman Walker voted nay. Chairman Walker dealassd the motion passed.
2. Reaueat of Curtis Sane to rezone a tract in Eno Township from residential
to rural commercial. Discussion ensued,
Upon motion of Commissioner Richard E, Whitted, seconded by Commissioner
Flora Garrett, it was moved, that the Board accept the recommendation of the County
Planning Soard. Chairman Walker. called for a note on the motion. Commissioners
Flora Garrett, Henry S. Walker, Richard E, Whined and Melvin Whitfield voted aye.
Chairman Norman Walker voted nay, Chairman Walker then declared the motion passed,
The County Attorney presented the following Resolution relative to the
recorded plat of Robinswood Section 2:
"WHEREAS Trent Development Corporation subdivided Robinswood, Section II
and did record a plat thereof in Plat Book 22 at Page 3; and
WHEREAS it has been discovered that said plat contains Iota which do
not meet the requirements of the Zoning and 3ubdivi,sion Ordinances of
Orange County;
NOW, THEREFORE, BE IT RESOLVED, that the County Administrator request
Trent Development Corporation to execute a document which will reflect
the erroneous approval of said plat by both the County Planning Board and
the Board of County Commissioners, and that lots 6, 7, 21, 30, 38, l16,
49, 61+, 57 and 71 and possibly others, as shown on said plat do not
meet the requirements of the Subdivision and Zoning Ordinance, and
that zoning or building permits will not b® issued for late which do
not meet said requirementa~ the County Administrator shall also request
the owner to further authorize a notation to be placed on the aforesaid
plat which will refer to the book and page where said documentation is
recorded,"
Upon motion of Commissioner Melvin Whitfield, seconded by Commissioner
Richard E. Whitted, it was moved that Drange County adapt the foregoing
Resolution.
The Chairman referred the Board to Ttem 16 of the Agenda: (Will the County
Elect To Impose A Pet Tax For the Fiscal Year 19711-1975? This is a continuation
of a diacuasion started at the December 18th meeting.)
The County Administrator advised the Board that they must decide whether
or not to levy a Pet Tax for the fiscal year 197!1-1975. Chairman Walker stated
that for the purpose of diacuasion he would recommend that the Board not levy a
Pet Tax, It was agreed that before any tax could be levied that the Board must
define what animals would be considered as pets. It was agreed that the Board
would adopt a Resolution that would define pets as dogs and that the Pet Tax would
be levied against doge. The County Attorney was instructed to draft a Resolution
on the matter and present same at the February llth meeting.
There being no further business to come before the Board the meeting was
ad~vurned,
C, Norman Walker, Chairman
Betty June Hayes, Clerk