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HomeMy WebLinkAboutMinutes - 19740204-.,.,: ; - MINUTES OF THE ORANGE COUNTY BDARD OF COMMISSION~tS February 4, 1974 The Board of Commissioners of Orange County met in Regular session on Monday, February !}, 147h at 10 o~elock A,M, in the Commissioners Room at the Courthouse in Hillsborough, North Carolina. Members Present: Chairman C, Norman Walker and Commissioners Henry S, Walker, Flora Garrett, Richard E. Whitted and Melvin Whitfield. Members Absent: None. The minutes of the previous meetings were read and approved after corrections were made. The Chairman recognized Clayton Haithcoek, Zoning Officer. Mr, Haithcock submitted the following plats for consideration: 1. Paul Minor, 2 lots in Chapel Bill Township, plat dated December 11, 1973. Same had been approved by the County Planning Board. Upon motion of Commissioner Richard E. Whitted, seconded by Commissioner Melvin Whitfield, it was moved and unanimously adopted that said plat be approved. 2. Final plat of Cornie 5, Roberta Estate in Chapel Hilh Township, plat dated January lb, 1974. Same had been approved by the County Planning Board, Upon motion of Commissioner Henry S, Walker, seconded by Commisaiener Richard E. Whitted, it was moved and unanimously adopted that said plat be approved. 3. Final plat of Dennis Howell and wife in Chapel Hill Township, plat dated January 17, 1974. Same had been approved by the County Planning Board. Upon motion of Commiasienar Richard E, Whitted, seconded by Commissioner Henxy.5, Walker, it was moved and unanimously adopted that said plat be approved, 4. Rob art F, Comae, 3.2 acres in ~o Township, plat dated July 31, 1973. Same had been approved by the County Planning Board. Upon motion of Commissioner Harry 5. Walker, seconded by Commisaicner Flora Garrett, it was moved sad unanimously adopted that said plat be approved, 5, Final Plat of John W, Purefoy and wife, 2 lots in Chapel Hill Township, plat dated March $, 1973. Same had been approved by the County Planning Board, Upon motion of Commissioner Henry S, Walker, seconded by Commissioner Richard E. Whitted, it was monad and unanimously adopted, that said plat be approved. 6, Falls of New Hope, Section IV, property of Joe F. Matthews, Jr. in Chapel Hill Township, plat dated December 1$, 1473. Same had been approved by the County Planning Board. UAOn motion of Commissioner Melvin Whitfield, seconded by Commissioner Henry S. Walker, it eras moved and unanimously adopted, that said plat be approved. 7, Robinawood, Section II, Property of Trent Construction Company in Chapel Hill Township, All lots have been corrected to meet the required footage of the Zoning Ordinance. Uppn motion of Commissioner Henry S. Walker, seconded by Commissioner Melvin 'Whitfield, it was moved and unanimously adopted, that said plat be approved. 8. Preliminary Plat of Sleepy Hollow, property of New South Land Company. Upon motion of Commissioner Richard E. Whitted, seconded by Commissioner Melvin Whitfield, it was moved and unanimously adapted, that the preliminary plat of Sleepy Hollow be approved subject to showing of the culverts on the final plat. -. .. 9. Preliminary plat of Falls of New Hope, Section V, property of doe F. Matthews, Jr, Upon motion of Commissioner Richard y, Whitted, seconded by Commissioner Melvin Whitfield, it xas moved and unanimously adopted that, the preliminary plat of Fella of New Hope, Section V be approved. ~~ The County Zoning Officer reminded the Board that a joint Public Hearing of the County Planning Board and the County Board of Commissioners had been avheduled for Monday, February 2$, 1974. (~ Chairman Walker presented a Setter-dated January 14, 1974, Prom Charles W. Johnston, Chairman of the Orange County Planning Hoard. Said letter stated that the Planning Hoard went "on record to exDresa its confidence in Mr. Haithcoak's integrity and ability as Zoning Officer.'' The Chairman referred to Item ~2 of the Agenda: (Orange Grove Volunteer Fire Association! A. Presentation of a petition calling for the creation of the Orange Grove Rural Fire Protection District.) The following petiticlns-'wer'e'filed }Sy rdward.S; Tohnaon, President of the Orange Grove Volunteer Fire Company. Thep contained a tdtal of 257 signatures of resident freeholders: PETITION FOR FIRE DISTRICT ELECTION THE UNDERSIGNED, being RESIDENT FREEHOLDERS living in a district lying outside the corporate limits of any city or town, which district is described below in this petition and shall hereafter be designated as the ORANGE GROVE FIRE DISTRICT, petition the BOARD OF COMMISSIONERS FOR ORANGE COUNTY to call an election in said district for the purpose of submitting to the qualified voters therein the question of levying and collecting a special tax on all taxable property in said district, of an amount not exceeding fifteen cents ($.15) of the one hundred dollars ($100.00) valuation of property, for the purpose of providing fire protection in said district. The undersigned further petition that the aforementioned tax shall first be levied for, and fire protection begun Sn, the fiscal pear ending Tune 30, 1975.... The diatriat Por which the Pira district election is sought lies with the following boundaries: Beginning at the Orange County line on U. S. Highway 54 (approximately 11 miles west of Chapel Hi11), thence north with the county line 5.5 miles to the Mebane Oaks Raad (SR 1007), a boundary of the Effland Fire District; thence with the r-:ffland Fire District boundary as follows: with the Mebane Oaks Road (SR 1007) in a southeasterly direction 1.7 miles to the intersection with the Oak Grove Church Rosd (SR 1117), thence with the Oak Grove Church Road in a southeasterly direction 3.1 miles to the intersection of SR 1118, thence with SR 1118 in a south- easterly direction 0.7 miles to the intersection of SR 1115, thence in a northeasterly direction with SR 1115 1.2 miles to the intersection of the Buckhorn road (SR 1114), thence with the Buckhorn road in a northerly direction 0.7 miles to the intersection of SR 1125, thence with SR 1125 in a northeasterly direction 4.5 miles to the inters®ction of SR 1120, thanes with SR 1120 in a northeasterly direction 0.7 miles to the bridge on Seven Mile Creek, thence with said creek in an easterly direction to the Eno River in the line of the Orange Rural Fire District; thence with the Orang® Rural Fire Diatriat as follows: in an easterly direction with said Eno River to SR 1131}, thence with SR 1134 in a southerly direction 1.1 miles to the intersection with SR 1135, thence with SR 1135 in a westerly, southerly, and then easterly direction 1.9 miles to another intersection with SR 1134, thence in a southerly direction with SR 1134 0.7 miles to an intersection with SR 1006, thence in a southerly direction with SR 1006 0.6 miles to the intersection of SR 1129, thence in an easterly direction with SR 1129 3.0 miles to the intersection of SR 1009, thence in a southerly direction with SR 1009 2.2 miles to the intersection of SR 1723, a boundary of the New Hope Fire District; thenoe with the New Hope District line and with SR 1009 approximately 3.1 miles to the South Orange Fire District; thence with said South Orange Fire Diatriat in a southwesterly direction approximately 1.4 miles to the intersection of Dairyland Road (SR 1112) and Bethel Church Road (SR 1104); thence with the Bethel Church Road in a southwesterly direction and includin both sides of said road 1.9 miles to U. S. Highway 54, thence with U. S. ~4 and including both sides of said road 1.4 miles to th® intersection of Antioch Church Road (SR 19$1), thence in a southerly direction with the Antioch Church Road, and including both sides of said road, 1.0 miles to the intersection of SR 1952, thence with SR 19$2 and including bgth sides oP said road 0.9 miles to the intersection of U. S. Highway 54, thence with U, s, 51~., and including both sides of said highway, in a westerly direction 1.9 miles to the intersection of SR 1958. Thence with SR 19$8 and including both aides of said road in a southerly direction 0.3 miles to the intersection of SR 1957, thence with SR 1957 and including both sides of said road in southerly, westerly, and then northwesterl direction 2.8 miles to the intersection of II.S. Highway 54, thence with U. S. 5~ in a northwesterly direction 2.3 miles to the Orange County line, the point of beginning. ~~ Uvon motion of Commissioner Melvin Whitfield, seconded by Commissioner Benny S. Walker,-it was moved and adopted, that the Board accept the petition from the resident freeholders of the Orange Grove Fire District Company. Discussion ensued concerning the date said eleotion should be called. The County Administrator advised the Board that he had been informed by the Board of ELections that they would like to hold the special fire district election on the same date as the forthcoming General Election and that would be Tuesday, May 7, 1971}. The Soard agreed that said election should be conducted on that date. The Clerk was instructed to advise the Board of Elections of the receipt of said petition. The Chairman referred the Board to Item #3 of the Agenda: (Review of a draft of proposed local legislation creating a Special Board oT Eaualization and Review for Orange County.) "AN ACT TO PROVIDE FOR TBE APPOINTMk~IT OF A SPECIAL BOARD OF EQUALIZATION AND REVIEW BY TAE BOARA OF COUNTX COMMISSIDNERS OF ORANGE COUNTX Sec. 1. The Board of County Commissioners of Orange County shall appoint each year a special Board of Equalization and Review to be known as the Orange County Board of Eaualization and Review. The Orange County Board of Equalization and Review is to be composed of five (5) members. To be eligible for appointment to each tioard a person must have resided in Orange County for a period of at least one year immediately preceding hie appointment, and must have had such experience in the appraisal and valuation of real and personal property as is satisfactory to the Board of County Commi.asionera. Any vacancy on the Board of Eaualization and Review shall be filled by the Board of County Commissioners, and all appointments to the Board of Equalization and Review shall terminate upon final adjournment of the board for the year for which they are appointed. Sec. 2. After a special Orange County Board of Eaualization and Review is appointed in any calendar year and takes the oath of office, it shall carry out all duties granted to the Board of Equalization and Review as described in subchapter II of Chapter 105 of the General Statues of North Carolina. Provided, after the special Board of equalization and Review completes its duties and adjourns for the year, the Board of County Commissioners shall be vested with all powers and duties granted to it under subchapter II of Chapter 105 of the General Statutes of North Carolina. Sec. 3. All members of the special Board of Eaualization and Review shall receive for their services such compensation as may be fined by the Beard of County Commissioners. The Board of County Commissioners is authorized to provide such clerical or other assistants as they may deem advisable. Sec. !}. The members of the special Board of Eoualization and Review shall take and subscribe to the same oath as provided for in G. 5. 105-322 before entering upon their duties. Sec. 5• The time of meeting, notice of meeting and powers and duties of the spacial Board of Eaualization and Review shall be the same as those provided for in G. S. 105-322. Sec. 6. This Act shall apply to Orange County only. Sec. 7. All laws and alausea of laws in conflict with this Act are hereby repealed. Sec. 8. This Act shall be in full force and effect from and after its ratification. Discussion ensued. Commissioner Flora Garrett expressed opposition to line three (3) of Section one (1). The County Administrator advised the Board the language of the bill could be altered. It was agreed to defer action on the matter until Tuesday, February 19th. Chairman Walker recognized Mrs. Clarence D. Jones, representative of the Orange County Museum Board. Mrs. Jones invited the Board to hold their next regular meeting in the museum. Chairman Walker advised Mrs. Jones that the Board would accept the invitation to hold its February 19th meeting in the museum. Chairman Walker referred the $oard to Item 9 on the Agenda: (Honorable James Hawkins, Mayor of Durham, to discuss Orange County participation in a joint Durham- Orange Manpower Program. ~~~ Mayor Hawkins introduced A. G. Holleman and Al Capehart to the Board. He stated he was present to extend an invitation to Orange County to join with the City of Durham and Durham County in developing a Manpower Program. Mayor Hawkins atated he felt the units could be prime sponsors of their own programs as the areas were compariable. A Manpower Advisory Ceuncil could be established with twelve (12) members from Durham and six (6) members from Orange. A $1,000.00 Federal Grant application would be made for the purpose of developing the pxvgram. He stated the Board had the choice of joining with Durham or coming under the State Manpower Council. The Mayor stated the duration of the grant would be for one (l) year and that he needed an answer by March 1st in order to proceed with the necessary details of establishing the program. Discussion ensued. Chairman Walker thanked Mayor Hawkins for the consideration that had been given to include Orange County and he advised him that the 3oard would defer action on the matter until the February 19th meeting. The County Administrator was renuasted to compile data on the Manpower Program and to secure the opinions of the Mayors of Hillsborough, Carrboro and Chapel Hill. Chairman Walker referred the Board to Item !} on the Agenda: (Resolution designating the City of Durham as Lead Agency for 201 Planning.) RESOLUTION DFSIGNATZNG THE CITY CF DURHAM AS LEAD AGENC7C FCR THE DURBAN COUNTY-ORANGE COUNTY 201 PLANNING AREA, AND DEFINING DUTIES FOR THAT AGENCY WHEREAS, the city of Durham, the Town of Carrboro, the Town of Chapel Hill, and portions of Orange and Durham Counties have been designated as a complex waste treatment management area (hereinafter called "the Area") pursuant to Section 201 of the Federal Water Pollution Control Act Amendments of 1972, P.L. 92-~00 (hereinafter called "the Act"); and - WHEREAS, such designation requires that an eligible unit of government within the Area be designated as the Lead Agency, through resolutions formally adopted by all units of government within the Area, and WHEREAS, the City of Durham is an eligible unit of government; and WHEREAS, a waste treatment management plan (hereinafter called "the Plan") must be prepared for the Area prior to awarding of Federal grants under Section 201 of the Act for waste treatment facilities within the Area; and WHEREAS, the Plan must also include adopted resolutions of the implementing units of government providing for acceptance of the Plan, assurances that it will be carried out, and statements of legal authority for implementation of the Plan; NOW, THEREFORE, IT IS RESOLVED that the County of Orange recognizes the City of Durham as the Lead Agency for the Area in the Preparation of the Plan. IT 2S FURTHER RECOGNIZED THAT Orange County has employed the engineering firma of Rose, Pridgen, & Freeman, Inc., as consultants to prepare the portion of the Plan affecting Orange County. IT IS FURTHER RESOLVED that the designation of Lead Agency requires the City of Durham to prepare any and all grant abplicationa for work done on-the Plan, to act as mediator with other State and Federal agencies, to coordinate all work done on the Plan, to compile the Plan, to dell all public hearings recuired, and to submit the Plan to the State and the Environmental Protection Agency. Such designation also reauires the City of Durham carry out the 201 work in cooperation with and approval of Orange County to utilize the engineering work of the firm of Rose, Pridgen & Freeman, Inc, for Orange County and to consult with the Triangle J Council of Governments during the preparation - of the 201 work program and during the conduct of the study. IT IS FiTRTHER RESOLVED that Orange County requests the Triangle J Council of Governments to call a meeting of appropriate representatives of all unite of local governments participating in the Durham County-Orange County 201 Planning Study and their engineering consultants within 30 daps after this resolution shall have been adopted by all participating local governments for the purpose of coprdinating the 201 Planning Program and to schedule regular similar monthly meetings thereafter. IT IS FURTRER RESOLVED that the 201 plan aha11 not be considered official by Orange County until it has been mutually adopted by all local governments with the Area. IT IS F[TRTHER RESOLVED THAT the designation of the City of Durham as Lead Agency is binding only for the preparation of the Plan and not for subsequent implementation of the Plan, unless expressly atated in the Plan itself. Adopted this the 4th day of February, 197la.. ~~~ The County Administrator explained the background leading to this point of the 201 Planning Area. He recommended the adoption of the presented Resolution. Un_on motion of Commissicner Richard E. Whitted, seconded by Commissioner Melvin Whitfield, it was moved that the foregoing Resolution entitled "Resolution Designating the City of Durham As Lead Agency for the Durham Countq-Orange County 201 Planning Area, and Defining Duties for that Agency"'be unanimouslq adopted. Chairman Walker referred the Board to Item 5 on the Agenda: (Consideration of contract with Rose, Pridgen and Freemon for 201 Planning Study in a portion of Orange County.) The County Administrator stated that no effective report can be secured from the firm of Rose, Pridgen & Freemon until the 201 Planning Study is completed. The proposed study will cast $8,000 with Federal and State funds amounting to $7,000 and the County~s share being $1,000. Upon motion of Commissioner Flare Garrett, seconded bq Commissioner Melvin Whitfield, it was moved that the Board approve the contract with Rose, Pridgen & Freemon. Said contract was signed on Januarq 28, 197!}. The $1,000 will be taken from the F~nergencq Contingeneq Fund. Chairman Walker referred the Board'to Item 6 on the Agenda: (For consideration: A Resolution Indicating Intent to Soin with Other Genera]. Purpose Unite of Local Government in the Raleigh-Durham Standard Metropolitian Statistical Area To Develop and Implement a Plan Resulting In a Coordinated Waste Treatment Management Sgstem for the Area.) RESOLUTION INDICATING INTENT TO SOIN WITH OTHER GENERAL PURPOSE UNITS OF LOCAL GOVERtT~4ENT IN THE RALEIGH-DURHAM STANDARD METROPOLITAN STATISTICAL AREA TO DEVELOP ANA IMPLEMENT A PLAN RESULTING IN A COORDINATED WASTE TREATMENT MANAGEMENT SYSTEM FOR THE AREA WHEREAS, pursuant to Section 208 of the Federal Water Pollution Control Act Amendments of 1972, P.L. 92-$00 (hereinafter called "the Act"), the Administrator of the United Staten Environmental Protection Agency has bq regulation published guidelines far the identification of those areas which, as a result of urban-industrial concentrations or other factors, have substantial water quality control problems (l~0 CFR Part 126); and WHEREAS, the Raleigh-Durham Standard Metropolitan Statistical Area, as enlarged for Section 208 planning purposes satisfied the criteria contained in the Act and g.uidelinea and designation of the area pursuant tv Section 208 and those guidelines is desirable; and WHEREAS, Section 126.10 of the guidelines requires, among other thine, that the affected general purpose units of local government within the problem area must show their intent, through formallq adopted resolutions, to join together in the planning process to develop and implement a plan which will result in a coordinated waste treatment management system for the area; and WHEREAS, Section 208 of the Act requires that the planning agency have in operation a continuing areawide waste treatment management planning process within one year of its designation bq the Governor; and WH~tEAS, Section 208 of the Act reouires that the initial plan resulting from the planning process be certified by the Governor and submitted to the Administrator within two years of the commencement of the planning process; and WHEREAS, such planning process and waste treatment management system is a necessarq and significant measure to control present point and non-point sources of water pollution and to guide and regulate future development and growth in the area which may affect water auslitq, in order to prevent, abate and solve existing and potential substantial water oualitq control problems; NOW, THr.REF'ORE, IT IS RESOLVED THAT the County of Orange, recognizing that the Raleigh-Durham area has substantial water Duality problems, supports designation of the Area pursuant to Section 208 and the EPA guidelines. IT IS FURTHER RESOLVED THAT the County of Orange intends to join with other affected general purpose units of local government within the boundaries of the area to develop a plan designed to produce a coordinated waste treatment management system for the area and, when the plan has been mutually adopted by the Countq of Orange and the North Carolina Board of Water and Air Resources or its successor, to implement the plan. ~~~ IT IS FURTHE~t RESOLVED TRAT, inasmuch as the Triangle J Council of Governments is a single organization with elected officials or their designees from local governments and is capable of developing an effective areawide waste treatment management plan for the Area, the County of Orange supports the designation of the Triangle J Council of Governments as the planning agency for the Area. IT IS FURTHER RESOLVED THAT, the designated planning agency will submit the required planning procesa'to the Governor for review and approval within ten (10) months following approval by the khvironmental Protection Agency of the delineation and designation and within twenty-one (21) months after submission of the planning process will submit the developed elan to the Governor for review and approval. - IT IS FURTHER RESOLVED THAT all proposals for grants for construction of publicly owned treatment works within the boundaries of the designated area will be consistent with the approved plan and will be made only by the management agency or agencies as included in the mutually adopted plan. The County. Administrator stated the presented Resolution was drafted after the Public Hearing in Raleigh, North Carolina, on January 21, 1974. Mr. Gattia requested Mark Burnham to comment on the Resolution. Mr. Burnham stated that the 208 Resolution ties together with the 201 ideas and that both seek solutions to land use problems as they relate to water use. They tie into a regional concept for the purpose of seeking off point sources of pollution, and that the Triangle J Council of Governments had bean designated as the Agency that would conduct the survey. Upon motion of Commissioner Richard E. Whitted, seconded by Commissioner Melvin Whitfield, it was moved that the Resolution entitled "Resolution Indicating Intent to Join With Cther 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" be adopted. Chairman Walker recognized Howard Lee, Mayor of the Town of Chapel Hill. Mr. Lee stated he had hoped to arrive at the meeting in time for the presentation of Mayor James Hawkins, however, he was interested in pursuing the ideas that were being developed by the City of Durham. Mayor Lea stated he felt that there should be at least an eighteen (18) member Advisory Board, but that he felt the County should have time in which to evaluate the advantages and the disadvantages of the entire problems dealing with the two cities that would be involved in the proposed program. He suggested that the Board appoint persons to sit as members of a committee that would evaluate the situation and that the committee would report back to each governmental Board in the County. Mayor Lee said an over view from the study committee was needed in order that an impartial decision might be reached. I?e stated he would reaueat the Chanel Hill Board of Aldermen to also appoint members to the proposed oommittee. The County Administrator recommended that the Board accept Mayor Lee'a suggestion as he felt more study Wag needed on the Manpower Program than he could give to the matter. Upon motion of Commissioner Richard E. Whitted, seconded by Commissioner Henry S. Walker, it was moved and adopted, that the Board appoint a Manpower Advisory Committees and that, the Mayors of the Towne of Hillsborough and CYiapel Hill be advised of the action of the Board. Chairman Walker appointed Commissioner Flora Garrott, Commissioner Melvin Whitfield, and S, M. Gattia, County Administrator as the committee representatives from the County to the Manpower Advisory Committee. Chairman Walker referred the Board to Item 7 on the Agenda: (Appointments: One County Commissioner to the District Board of Health.) The Chairman advised the Board that the amended statutes governing the composition of the Distriat Health Board no longer required that the Chairman of the Board of County Commissioners serve on the District Health Board and it was now time to make the appointment to said Board. Upon motion of Commissioner Henry S, Walker, seconded by Commissioner Flora Garrett, it was moved and adopted, that Chairman Norman Walker be re~appainted as a member of the District Board of Health. Chairman Walker referred the Board to Item 10 on the Agendat (Civil Preparedness Director to present Community Shelter Plan prepared by personnel of State Civil Preparedness Agency.) - The Clerk advised the Board that this item had been taken care of at a previous meeting. ~.~~ The County Attorney presented the following Resolution: "Pursuant to the authority of Chapter 153-A, Section 153, the Board of Countq Commissioners of Drange County does levq an animal tax beginning with the gear 1971} as follows: Any person owning or keeping about him any open female dog of the age of six months or over shall pay annually a license or privilege tax of $2.00. Any person owning or keeping any male dog, or female dog other than an open female dog of the age of six months or over, shall pay annually on each dog so owned or kept a license or privilege tax of $1.00. To every person paying the license or privilege tax prescribed hereby there shall be issued by the Countq a metal tag bearing the Countq name, a aerial number, and expiration date, which shall be attached by the owner to a collar to always be worn by any dog when aot on the premises of the owner or when engaged in hunting." Upon motion of Commissioner Henry S. Walker, seconded by CommisaSoner Richard E. Whitted, it wee moved and unanimouslq adopted, that the foregoing Resolution be adopted. Commissioner Melvin Whitfield brcught to the attention of the Board a copy of Chapter 106 of the General Statutes that dealt with the dispose]. of dead animals. No action was taken on the matter. Chairman Walker informed the Board that a meeting had been scheduled in Raleigh on Thursdag, February 21st, for the purpose of discussing the energy crisis. Commissioner Henry S. Walker and S, M. Gatos agreed to attend the meeting. Chairman Walker referred the Board to Ttem $ on the Agenda: (Representatives of the Town of Hillsborough to continue discussion of possible County financial participation in the coat of construction of a sewer plant being constructed bq the Town of Hillsborough.) Mayor'Catea of the Town of Hillsborough presented copies of an agreement that had bean prepared by the City Attorney. Said Agreement reads as follows: "THIS AGREEMENT, Made and entered into th~.e the day of February, 1971-F, by and between the TDWN OF HILLSBOROUGH, a munigipal corporation, party of the first part, hereinafter referred to as "Town", and the COUNTY Ok' ORANGE, a body politic, party of the second part, hereinafter referred to as "County", WITNESSETH: That whereas, the party of the first part hea received a federal - grant in the amount of $1,000,000.00 for the purpose of constructing a waste water treatment plant which will adequately treat waste water so as to enable Town to discharge adequately treated water into the Eho River, and whereas, Town has been advised bq the North Carolina Board of Water and Air Resources that Town is in danger of losing the aforesaid federal grant unless contracts are let for construction in the immediate future, and whereas, Town, hie insufficient funds at this time to enable it to let contracts, and whereas, County is desirous of cooperating with Town in a point effort to make passible the construction of adequate waste treatment •. facility; NOW, THEREFORE, the parties do agree: 1. That the purpose of this agreement is to insure the construction by Town of a waste treatment facility which will adequately treat waste water which is discharged into the N]1o River. 2. The duration of the agreement shall be as hereinafter set forth. 3. Tha waste treatment plant shall be financed bq federal funds in the amount of $929,000 and state funds in the amount of $1}22,500, Countq funds in the amount of $98,000, and Town funds in the amount of $2LF0,50D plus - land cost. 4. The said treatment plant shall be the property of Town. 5. This contract may be amended by the majority note of the governing bodies of both Town and County. 6. That County shall receive From the gross revenues received by Town for sewage treatment (including within and without the corporate limits inclusive) per cent ( ~) of same until the sum of $98,000 has been received by County, at which time this contract shall terminate. ~~~ IN WITNESS WHEREOF, party of the first part has hereunto caused this agreement to be signed by its Mayor and attested by its Clerk, and party oP the second part has hereunto caused this agreement to be signed by the Chairman of the Board of Commissioners of Orange County and attested by the ex officio Clark and Register of Deeds, all by authority of the Board of Cormiiasioners of the Town of Hillsborough and the Board of Coamiiasionera of Orange County, the day and year first above written. TOWN OF HILLS$OROUGH At teat: Town Clerk Attest: Es Off c o Clerk and egiater of Deeds By, Mayor - ORANGE COTINTY ' By, hairman, card of Commissioners The County Administrator advised the Board that the aommittment for the $98,000.00 must be included in the 1971+-1975 budget. Commissioner Flora Garrett asked if the sum of $1,000.00 was aurreatly available in the county~s surplus funds. The County Administrator replied "yes but an item of this magnitude must be aonsidared sa being applied to the next year~a tax rate." Upon motion of Commissioner Henry S. Walker, seconded by Commissioner Richard E. Whitted, it was moved and adopted that the County enter into an Agreement with the Town oP Hillsborough acid that said Agreement be signed after the Agreement was re-drafted and that said Agreement include the proposed amendments that were suggested by the Board. Dissuasion ensued on the fish kills.and other problems that had been encountered by the Town. Commissioner Richard E. Whitted stated that he felt some type of monitoring device should be installed in order that the proper amount of water might be released into Fho River. He said that he Pelt the Town of Hillsborough should make every effort to prevent the previous problems frpm reoccurring. The County Administrator advised the Board that an informal agreement was now in effect and that the waters from Lake Orange were released when the need for same waa discovered. A letter from doy Hewett of Route 2, Hillsborough, North Carolina was presented. Mrs. Hewett requested that the Board consider adopting a Noise Pollution Ordinance. Said letter made nartiaular reference to motor bikes and mini-bikes. Discussion ensued. The County Attorney was requested to draft Noise Pollution Ordinance for the consideration of the Board at the ~Ia.rch L}th meeting. Thane being no further buaineas to come before the Board said meeting was adjourned. C. Norman Walker, Chairman Betty Sune Hayes, Clerk