HomeMy WebLinkAboutMinutes - 19760802MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
August 2, 1976
The Orange County Board of Commissioners met in regular session
on Monday, August 2, 1976, at 10:00 a. m. in the Commissioners Room
of the Courthouse in Hillsborough.
Members present were Chairman Flora Garrett, Commissioners
~ Norman Gustaveson, Jan Pinney, Norman Walker and Richard Whiffed.
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- Members absent were none.
Others present were 5. M. Gattis, County Administrator, Neal
Evans, Finance Director ;, Betty June Hayes, Clerk to the Board, and
Jeff Gledhill, County Attorney. A. B. Coleman, Jr., was present for
part of the meeting.
The Chairman referred to Item I: Persons not on this agenda
having business to transact with the Board of Commissioners should
make their presence known at this Time.
Mr. Thomas Bumphus of State Road 1722 filed with the Board peti-
tions requesting the Department of Transportation to extend SR #1722.
Upon motion of Commissioner Walker., seconded by Commissioner
Whitted, it was moved and adopted that the petitions be forwarded to
Mr. Sam Jones, District Engineer, with the request that SR #1722 be
reviewed. The Clerk was so instructed.
Mr. David Squires of Cheeks Township stated that he was not
listed on the Agenda and that he was present to discuss with the
Commissioners a chicken house problem that existed near his residence.
Hortense Dickson, Orange County Tax Collector, filed with the
_. Board a Report of Tax Lien Sale which stated that a sale of Tax Liens
for 1975 was held on Monday, June 7, 1976, at 12 o'clock noon at the
Courthouse, with Orange County being the sole purchaser of all tax
liens for the amount shown plus interest and cost to the date of sale,
with the exception of two tax liens sold to private purchasers as
listed below:
Eno Township Brigadoon Park - 2 Lloyd - Map 22-51D
Sold to Mrs. E. T. Broadway $7.95
Hillsborough Township
Unknown - 1 lot - Map 9-0-4
Sold to Earl Hayden $44.78
Mrs. Dickson also filed with the Board a Report of 1975 uncol-
lected taxes as of June 3D, 1976:
Lien Sales Certificates $265,65D.96
Insolvents 29,560.96
This report did nit reflect $1,616.98 in partial payments made
on insolvents.
•- The Chairman referred to Item XVI: Will the Board of Commis-
sioners approve a policy of not computing property tax bills that
amount to less than one dollar?
The Tax Supervisor desires to institute a policy of not pre-
paring tax bills that amount to less than one dollar. Several
counties follow this procedure. The Tax Supervisor reviewed this
question with our auditors and they suggested it would be a desir-
able procedure to follow. The County's direct cast (postage, envelopes,
computer service charges for processing, etc.) should far exceed the
estimated tax loss this procedure will incur.
The County Manager recommends this practice be instituted.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Pinney, it was moved and adopted that tax bills amounting to less than
one dollar not be prepared.
Mrs. Garrett referred to Item II: Approval of Minutes of prior
meetings.
The minutes of the July 6, 1976, meeting were reviewed and upon
motion of Commissioner Finney, seconded by Commissioner Gustaveson,
it was moved and adopted that the July 6, 1976, minutes be approved
upon the condition that the road numbers be veri~ie'd.. Verification
shows that the minutes of July 6, 1976 are correct.
The minutes of July 12, 1976 were reviewed and one addition was
pointed out.
Upon motion of Commissioner Whined, seconded by Commissioner
Pinney, it was moved and adopted that the minutes of July 12, 1976,
be approved.
The minutes of July 20, 1976, were reviewed and the Board asked
that the Chapel Hill Housing Authority be changed to the Section Eight
Coordinating Committee for the Orange County Housing Programs found
in Item V discussion. Other additions were included in these minutes.
Upon motion of Commissioner Whitted, seconded by Commissioner
Gustaveson, it was moved and adopted that the minutes of July 20,
1976 be approved.
The minutes of July 27, 1976 were reviewed and upon motion of
Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved
and adopted that the minutes of July 27, 1976, be approved.
The Chairman referred to Item III on the Agenda: The Extension
Chairman will introduce Mr. Ervin Taylor, a candidate for the position
of Assistant Extension Agent.
Mr. Ebert Pierce, County Extension Chairman, introduced Mr.
Taylor to the Board of Commissioners. Mr. Taylor gave the Board of
Commissioners a brief background sketch of his qualifications and
responsibilities.
Mr. Pierce stated that a new arrangement would be assumed in the
Agriculture Extension Program. M.r. Melhorn, who had previously worked
in the 4-H area, will relinquist these duties to Mr. Taylor who will
work in the areas of 4-H and horticulture. Mr. Melhorn will assume
responsibility in the tobacco area.
Mr. Gatos informed the. Board that the County would pay 35~ of
Mr. Taylor's salary and the State would pay the 65$. The State had
set a recommended salary rate for this position.
Upon motion of Commissioner Pinney, seconded by Commissioner Whined,
it was moved and adopted that the Extension Chairman be authorized to
employ Mr. Ervin Taylor, who will begin. work August 15th.
The Chairman stated that Item IV: The Youth Service Needs Task
Force progress report will be deferred until the first Monday in
September. ,
The next item for discussion was Item V: Mr. Willie Glover, local
representative of the Farmers Home Administation, will submit an annual
report pointing out the activities of his agency in Orange County dur-
ing the past year.
Mr. Glover presented to the Board a summary of activities for the
past Fiscal Xear in Orange County.
INITIAL
Number Money
Operating
Loan 8 87,630.00
Emergency
Loan 13 151,020.00
*Farm
Ownership 3 198,400.00
Number Mone
*Rura1
Housing 39 706,160.00
Community 103,000.00
Facilities 1
SUBSEQUENT
Number Mo~ ney
Operating, 13 94,630.00
Loan
Farm * 2 23,500.00
Ownership
s
Rural
Housing 9 59,920.OD
Orange-Alamance 1 60,000.00
Water System
* This amount was added directly to the tax base which results
in $6,620.00 in revenue per year which will be continous this
year and each year thereafter. This amount is in addition to
the more than $8,000,000.00 in loans outstanding. It is esti-
mated that the present tax value of these outstanding Real Estate
loans to be in excess of $11,000,000.00 with an estimated annual
tax revenue of $73,700.00
Discussion ensued concerning the qualifications for receiving
the Farmers Home Administration loans.
Item VI: Mr. Donald Roberts, Mr. Gene Dwens and Mr. Willie
Glover, representatives of the U. S. Department of Agriculture,
will review for the Board of Commissioners the service center con-
cept for housing of agencies directly responsible to the U. S. Depart-
ment of Agriculture.
Donald Roberts was spokeman for the group and recognized Gene
Owens, William Breeze, Frank Miller, Robert Strayhorr~, Willie Glover
and Ebert pierce.
Mr. Roberts stated that the purpose of their meeting this morning
was to propose to the Board that the USDA Agencies and the other
agencies gathered here be allowed to convert the assembly room of the
Agriculture Building into office space for Farmers Home Administration
quarters. He stated that the primary reason for this move was to
locate all Agriculture related agencies in the same building. The one
problem in Orange County is that the Farmers Home Administration is
presently located in the Social Service Building.
Mr. Owens' spoke of the one-stop service that would be provided by
a Service Center. He added that personnel would be better utilized
by a Service Center.
Mr. Glover spoke of the cost savings by having these services
in one building.
Messrs. Strayhorn, Breeze and Miller all spoke in favor of the
Agriculture Service Center.
Mr. Ebert Pierce stated that he agreed with the concept a hundred
per cent, however, he could not agree with taking away space which was
heeded to carry out his agriculture education programs.
Discussion ensued concerning the use of the assembly room.
The Chairman stated that it was the consensus of the Board
that the County Manager and representatives from the USDA Agencies
get together and work out a solution to this matter.
Further discussion ensued and Commissioner Gustaveson moved,
seconded by Commissioner Walker, that the County begin to implement
that part of the Facility Study that affects the Agriculture Building.
All members of the Board voted aye and the motion was declared
passed.
The County Manager was requested to give a progress report on
this matter on the 24th of August.
The Chairman asked the Board to discuss at this time the matter of
Mr. Squires regarding the chicken houses.
The Chairman referred the Board to a petition signed by residents
from the area of Old Hwy. #10 and Buckhorn Road.
Mr. Squires stated that as a result of nearby chicken houses, the
residents of this area were plagued with flies and bad odors.
He had talked with the Health Department, but to no avail.
The County Attorney stated that he had researched the matter and
that residents of the area could file civil action in this matter in
order to seek relief and other alternatives was that the Health Director
was empowered to take action if the situation was creating a nuisance
of defiling the water system.
Commissioner Gustaveson stated that he felt the Health Director
should give a complete report as to whether there is a nuisance and
as to whether or not the near-by water system was being defiled.
The County Administrator was requested to write Dr. Fuller of the
County Health Department to request an investigation and a reply to be
presented in writing by the 24th of August.
The Planning Director was .asked to prepare a list of questionable
locations to visit including the area on Highway 10 by the August 24th
meeting.
The Chairman referred to Item VII: Appointment - The term of
Rebecca Ringer on the Orange County Council on the Aging expired
June 30th. Appointees to this Council serve a three year term. Ms.
Ringer is eligible for reappointment.
Upon motion of Commissioner Whitted, seconded by Commissioner
Pinney, it was moved and adopted that Ms. Ringer be reappointed to the
Orange County Council on Aging.
The next item was ltem XIII: The Board of Commissioners should
act upon the Secondary Roads Program reviewed at the Public Hearing
with the North Carolina Department of Transportation July 27, 1976.
Upon motion of Commissioner Gustaveson, it was moved that the
1976-1977 Secondary Roads Program be adopted.
Commissioner Whitted requested that the motion be amended to
request that the Secondary Roads Council add flexibility to their
Subdivision Roads Policy, especially to the older roads within the
old subdivision. Commissioner Gustaveson acce~ted the amendment as
stated by Commissioner Whitted and Commissioner Whitted seconded
Commissioner's Gustaveson motion.
All members of the Board voted aye and the motion was declared
passed. '
The Chairman referred to Item IX: The County Attorney will sub-
mit a resolution relating to the proposed School Bond Election of
November 5th. This resolution will fix 7:30 p.m., August 18th as
the time of a public hearing to consider certain questions relating
to the calling of this election.
This item was deferred until later in the day.
Item X: Further consideration of the contract between Orange
County and the Chapel Hill Housing Authority relating to operation of
the County-wide Section Eight Housing Program.
The County Administrator referred the Board to the Age¢:da attach-
ment and stated that in a telephone conversation with Mr. Wisecup, of
the U. S. pepartment of Housing and Urban Development, Mr. Wisecup had
pointed out that the contract between Orange County and HUD for Section
Eight Housing is for a five year period while the Contract between
Orange County and the Chapel xill Heusing Authority to administer
Section Eight Housing in Orange County is only far one year. He stated
that Mr. Wisecup had indicated that he felt strongly that the County
should have an iron-clad contract for the duration of five years and
that the Contract between HUD and the Orange County Housing Authority
is a commitment on the part of the federal people for a period of five
years and that they are looking far an administrative plan developed
for five years. Mr. Gattis stated further that he felt what Mr. Wisecup
- is saying is that they would accept a contract for a period of one year
if there was a provision that the contract would .be renewed upon evid-
ence of satifactorily performance. The County Manager suggested that
the County Attorney suggest how the contract should be worded, in case
there was a need to cancel the contract.
Discussion ensued and the County Manager suggested further that
he and the County Attorney go to Greensboro and sit dawn and talk with
Mr. Wisecup.
Commissioner Pinney then moved that the County Attorney and the
County Manager as well as members of the Housing Committee go to
Greensboroo to talk with Mr. Wisecup.
Commissioner Gustaveson seconded the motion. All members of
the Board voted aye and the motion was declared passed.
The Chairman referred'to Item XV: A public hearing to consider
the preliminary assessment roll for the participating paving project
on SR #1711, 1831, 1832, and 1833 should be set for 7:30 p.m. on .
August 24th.
Commissioner Pinney stated that he felt the two forthcoming
public hearings should be scheduled for the same night (August 18th).
Mr. Gledhill stated that here was no problem with the Bond Election
public hearing, however, the assessment roll must be advertised for
10 days prior to the public hearing. "There is still time, if we hurry."
He also stated that Bond Counsel requested by Resolution that the
special August 18th meetint be a general meeting, so that the Bond issue
will be passed at a general meeting. He stated that both public ,hearings
would be taken-care of on the same night.
The Board agreed that August 18th would be a regular meeting with
two special public hearings to be held on this night.
The County Attorney stated that he did not have a Resolution pre-
. pared for the Public Hearing for the Read Assessment, however, the
statutes requires that this be done and he asked that August 18th be
the date far the public hearing. ~--
Commissioner Pinney moved for the adoption of the Resolution for
the Prelima,nary Assessment_Roll, with August 18th at 8:OD p.m., being
the date of the public hearing. Commissioner Gustayeson seconded the
motion. All members of the Board of Commissioners voted aye and the
motion was declared passed.
Chairman Garrett referred to Item XIV: Shall an Architect be
instructed to proceed immediately with detail planning on one or more
of the projects identified in the County Facilities Study?
Mrs. Garrett referred the Berard to Agenda Attachment IV -
Public Works Bill.
The Congress voted July 19th to aver ride a presidential veto of
the "Public Works" bill. Chances that Orange County might receive a
grant under this legislation are very slim. In order to pursue the
matter at all, however, we must develop a project that can be started
very soon. Mr. Massif feels we may be able to implement the jail pro-
ject within an acceptable time frame. The County Manager requested
the Board's approval to commence detail work on this project immediately.
Discussion ensued concerning the time involved to apply for this
grant.
Commissioner Gustaveson moved to implement this part of the facility
plan by making a grant application.., Commissioner Pinney seconded the
motion. All members of the Board voted aye and the motion was declared
passed.
The Chairman referred to Item IX which was deferred earlier in the
day. The County Attorney will submit a resolution relating to the pro-
posed School Bond Election of November 5th. This resolution will fix
7:30 p.m., August 1$th as the time of a public hearing to consider cer-
tain questions relating to the calling of this election.
Mr. George Williams, Superintendent of Orange County Schools, filed
a Supplemental Capital Outlay Appropriation far the County Board of Educa-
tion. The request stated that the Board of Education, feels it cannot
adopt a capital outlay budget until the Commissioners considers further
the question of an additional appropriation for capital outlay. At pre-
sent, the Board of Education is negotiating with several landowners for
the purchase of land adjoining the Efland School. The total acreage of
land that will ultimately acquire or the purchase price of the property
is unknown at this time. There is a time limit within which they must
act or some commitments for sale that have been made to them with be
withdrawn.
Discussion ensued concerning the Orange County School budget for
1976-1977.
Commissioner Pinney stated that after the Bond Election, Mr. Williams
should come back to the Board with this request, he would look with favor
at the requested appropriation, if the bond issue failed.
Commissioner Gustaveson moved that the Board accept alternate number
five, that the Board of Commissioners ask the Board of Education to ac-
quire the property with funds already in their budget. Tf the bond Plec-
tion passes, the funds used by the Board of Education to acquire the
property could be replaced with bond funds. If the bond election fails,
the Board of Education could come back to the Board of Commissioners in
January and request a supplemental capital outlay appropriation. At that
time, with the fiscal year half gone, the Board of Commissioners will be
in a better position to anticipate its own requirements for the remainder
of the coming year.
Commissioner Pinney seconded the motion and the Chairman called for
the vote.
Voting aye were Commissioners Garrett, Gustaveson, Pinney and Walker.
Voting nay was Commis.s.ioner Whitted.
The motion was declared passed.
The next item for discussion was Item x22: Consideration of plats
previously approved by the Orange County Planning Board.
Richard Jackson: This plat proposes the`division of fourteen acres
into nine parcels. Access to the property will be provided .through a
private road .leading from Old xwy. 10. The Planning Board approved this
plat.
Commissioner Walker moved that tke Richard Jackson plat be approved.
and Commissioner Whitted seconded the motion.
Discussion ensued regarding the private road. A representative,
speaking regarding the Richard Jackson plat, stated that the Homeowners
Association would contribute to a fund for the maintenance of the road.
Gommissioner Pinney requested that Commissioner Walker's motion be
amended that the plat be approved on the condition that the roads be
paved according to State Standards. Gommissioner Gustaveson seconded
Mr. Pinney's amended motion.
Voting aye on the amended motion were Commissioners Garrett,
Gustaveson, Finney and Whitted. Voting nay was Commissioner Walker.
The Chairman called for a vote on the original oration and voting
aye were Commissioner Garrett, Gustaveson, Pinney and Whined.
Voting nay was Commissioner Walker.
Both .the amended motion and the original motion were declared
passed.
Mary Belk Sparrow Estate: This plat implements the division of
the estate of Mary Belk Sparrow. It proposes the division of a twenty-
. seven acre parcel into nine lots. A private road will provide access
from Old Lysta Road. The Planning Board unanimously approved this plat.
- Discussion ensued concerning the divisien of the lots. Mr.
Sparrow, one of the heirs of the property stated that he wanted to
maintain a pastoral setting and therefore did not want a paved road
through the area, and anyone who bought this land would know of this
condition.
Commissioner Walker moved that .the Sparrow Estate plat be approved.
Commissioner Pinney seconded the motion.
Discussion ensued concerning the length of the cul-de-sac.
Chairman Garrett stated that Mr. Sparrow was suggesting that the
Road be a Class B road and that she felt with the number of houses as
there are on the road, it should be a Class A road.
The Chairman called for the vote and Commissioner Walker voted
aye. Voting nay were Commissioners Garrett, Gustaveson, Pinney and
Whitted.
The motion was declared defeated.
Further discussion ensued regarding the private road and the
subdivision of the lots.
Commissioner Pinney moved that the Board approve this plat with
the road as a Class A road and that it not be paved. Commissioner
Walker seconded the motion. The question was called on the motion.
The Chairman called for a vote on the question to close the
debate. Voting aye were Commissioner Walker and Pinney. Voting
nay were Commissioner Garrett, Gustaveson and Whitted.
The Vote on the question was declared defeated, and the Chairman
stated that the motion was still debatable...
Commissioner Gustaveson asked that .the original motion be amended
to work out a way to combine Lots #3,4, and 5 into two lots.
Chairman Garrett seconded the amended motion.
The Chairman called for the vote on the amended motion.
Voting aye on the amended motion were Commissioner Garrett, Gustaveson,
and Whitted. Voting nay were Commissioner Pinney and Walker.
The amended motion was declared passed.
The Chairman called for a vote on the motion that the road be
classified as a Class A road with the amended motion as it stands.
Voting aye on the original motion were Commissioner Garrett and
Gustaveson. Voting nay were Commissioner Pinney, Walker and Whitted.
The motion was declared defeated.
Commissioner Walker moved that the plat be approved as the Planning
Board had approved this plat with a Class B Pzivate Drive.
The motion died for lack o£ a second.
Commissioner Pinney moved that the plat be approved with a Class
A road.
Tyre motion died far lack of a second.
Further discussion ensued and the Planning Director was asked
for his recommendation regarding this plat.
Ervin Dobson stated that his recommendation was that since the
road was longer than a cul-de-sac, it did constitute a dead end road.
He stated that there could be problems with transportation in the future
which might out-weight the environmental concerns and that the Class A
road would not be a bad recommendation. He spoke in favor of the lots
amendment and that they be incorporated into the motion.
Commissioner Walker moved that the plat be approved with the
road as Class-A,'but to leave the lots as they were presented.
Commissioner Pinney seconded the motion.
The Chairman called for a vote on Commissioner Walker's motion.
Voting aye were Commissioner Walker and Pinney. Voting nay were
Commissioner Whitted, Garrett and Gustaveson.
The motion was declared defeated.
Commissioner Gustaveson moved that the plat be approved with a
Class A road with Lots #3,4, and 5 combined into two lots.
Commissioner Whitted seconded this motion. The Chairman called
for the vote on the motion. Voting aye were Commissioners Garrett,
Gustaveson and Whitted. Voting nay were Commissioner Walkes;: an'd Pinney..
The motion was declared passed.
Mr. Sparrow requested to make a statement for the record.
Mr. Sparrow stated "I consider this action of the Commissioners and the
Planning Board as being in violations of your responsibilities to police
this kind of situation. 2 think this is a violation of Constitutional
Rights which 2 have. Tn the Will my mother designated this to be sepa-
rated this way and I think this police power which you are exercising
is beyond your responsibility."
Commissioner Gustaveson moved that the Board recess for lunch:
Item IX: Resolution relating to School Bond Election.
Jeff Gledhill, County Attorney, stated that the. first step involved
in the Order authorizing a School Bond election was that the Clerk to the
Board present to the Board of Commisioners certified copies of Resolutions
which had been received from the Orange County Board of Education and the
Chapel Hill-Carrboro Board of Education. The Resolutions were presented
to the Commissioners for their inspection.
Commissioner Whitted introduced to the Board an Order to authorize
the Bonds. Commissioner Whitted read the Order.
The County Attorney stated that the Board of Commissioners needed
to designate the Finance Director as the officer to file with the Clerk
to the Soard and the Register of Deeds a sworn statement of debt of the
County which is required by the Local Government Bond Act.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Whitted, it was moved and adopted that the Finance Director be designated
as the officer to file a sworn statement of the debt of the County with
the Register of Deeds and Clerk to the Board.
The Finance Director then proceeded to file with the Clerk to the
Board, and the Register of Deeds, in the presence of the Board of Commis-
sioners, a sworn statement of debt, as required.
Commissioner Whitted moved that the Board adopt the Resolution to
approve the Order authorizing a Six Million Dollar School Bond Election.
The motion was seconded by Commissioner Gustaveson.
All members of the Board voted aye and the motion was declared passed.
(For copy of Order, Resolution and Sworn Statement of Debt, see
next page . )
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A special meeting of The Chapel Hill - Carrboza City
Board of Education wa.s held at Lincoln Center
in Chapel HilJ., North Carolina, at 8 o'clock P.M., do ~7uly 26,
1976.
Mary Scroggs, Vice Chairman
Present; ??e---~--_*•~__~L__~.._- ~~_ ---~ presiding, and
Edwin Caldwell Jr. Bett S. Denn S. Kenneth Howard, Ph llis Sockwell
Absent: James Riddle, Norman Weatherly
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5. Kenneth Howard
introduced the
following resolution which was read:
RESOLUTION REQUESTING THE BOARD
QF COMMZSSTONERS FOR THE COUNTY
OF ORANGE TO FROVIDE ADDITIONAL
SCHOOL FACILITIES IN TF.'E CHAPEL.
HILL -- CARRBORQ CITY ADMINISTRA--
TIVE UNIT.
BE IT TtESOZ,VED by The Chapel Hill - Carrboro City Board
of Education: '
Section 1. The Chapel Hill - Garrbora City Board of
Education has determined and found as a fact that adequate school
facilities are not now available in the Chapel Hill. - Carrboro
City Administrative Unit to comply with the requirements of
Section 2 of Article IX of the Constitution of North Carolina for
the maintenance of school nine months in every year, and that it
is necessary, in order to maintain such nine months' school term
as required by said Section 2 of Article IX of the Constitution,
to provide additional school facilities in said Unit by erecting
additional school buildings and other school plant facilities,
remodeling, enlarging and reconstructing existing school buildings
and other school plant facilities, and acquizing necessary land
and equipment therefor, the estimated cost of which is $ 4,000,000
Section 2. The Boazd of Commissioners for the County
of orange is requested to take all necessary steps, by the issuance
of bonds ox otherwise, in order that funds may be provided for
such school facilities.
Section 3. A copy of this resolution shall immediately
be certified to the Board of Commissioners for said County.
Upon motion duly made and seconded, the foregoing zesolu-- '
Lion was passed by the following vote:
Ayes : ~dwi n Caldwell , ,]r•. , Betty S. Denny, 5. Kenneth Howard,
Phyllis Sockwell, Mary A. Scroggs
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Noes:
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I, Robert C. Hanes Secretary of The Chapel
Hill - Carrboro City Baard of Education, pQ HEREBY CERTIFY that
the foregoing is a true t:opy of so much of the recorded procaedings
of a meeting of The Chapel Hill - Carrbaro City Board of Education
held an July 26, 1976, as relates to the passage of the resolution
hereinabove set forth, and that such proceedings have been recorded
in Minute Book No. 14 beginning at page 2075 and ending at
page 2076
` ~'7ITNESS my hand and the seal of The Chapel Hill - Carrboro
City Board of Education this 26 day of July, '1976,
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Secretary
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A special meeting of The Oxange County Board of Education {
was held at Orange County Board of Education Offices, 200 E. Ka.ng St.., 1n
Hillsborough, North Carolina, at 7:30 o'clock P .M „ on July 26,
1976.
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!'resent: Roland Seatt, Chairman, presiding, and Oscar A,
Compton, H. G. Coleman, Jr., and Larry W. Sturdivant
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Absent: Emma Sue Loftin ~
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H. G. Coleman, , J~. ,~_ ,. introduced the
following resolution which was read:
RESOLUTION REQUESTING THE 730ARb
OF COMr3zSSIONI~R5 FOR THE COUNTY
OF ORANGE TO PROVIDE ADDITIONAL
SCHOOL FACILITIES IN THE ORANGE
COUNTX ADMINISTRATIVE UNIT.
BE ZT RESOLVED by The Orange County Board of Education:
Section 1. The Orange County Board of Education has
determined and found as a fact that adequate school facilities are
not now available in the Orange County Administrative Unit to comply
with the requirements of Section 2 of Article ZX of the Constitution
of North Carolina for the maintenance of schools nine months in
every year, and that it a.s necessary, in order to maintaa.n such
nine months' school term as required by said Section 2 of Article
IX of the Constitution, to prova.de additional school facilities
in said Unit lay erecting additional. schaal buildings and other
school plant facilities, remodeling, enlarging and reconstructing
existing school buildings and other school plant facilities, and
acquiring necessary land and equipment therefor, the estimated cost
of which is $~ nnn,~t10_ _~
Section 2. The Board of Cammissioners for the County of
Orange is requested to take all necessary steps, by the issuance
of bonds or otherwise, in order that funds may be provided for such
school facilities_
Section 3. A copy of this resolution shall immediately
be certified to the Board of Commissioners for said County.
Upon motion duly made and seconded, the foregoing resolu- .
tion was passed lay the following vote:
Ayes: .Roland C.. Scott, Oscar A. Cozapton, H. G. Coleman, Jr. and
Larry W. 5turdivant
Noes: None
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I, Geoz a F. Williams , Secretary of The Orange
County Board of Education, DO HEI2EBX CERTIFX that the forsgo~ng is
a true copy of so much of the recorded proceedings of a meeting of
The Orange County Hoard of Education held on July 26, 1976r~as
xelates to the passage of the resolution hex:ainabove set fobth,
and that such proceedings have been xecorded in Minute Book 130.
4 , bega.nning at~ page 78 and ending at page 79 •
WITNESS my hand and the seal of The Orange County Board
of Education, this 26 day of July, 1976.
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Secretary
Sworn to and'subscribed before me, this the
26 day of ~ J~~~ 1976.
(Seal) •
Notary Public
My Commission Expires Octo6et y},19.'I`T
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COU?~iTY OF ORAd3G~, NORTH CAROLINA
Sti~OR~i STATEt•IEtdT OF DEBT iiADE PURSUAIGT TO TFiE LOCk1L
• GovERV!ENT sa~r~ ACT, As AiiENDED
X, W~.ley Nea]~ Evans, Finance Officer of the County of
Orange, Noxth Carolina, hav3.ng bQen designated by the Board of
Gam.-axsszor_ers far said County to r.?ake and fi.7.e ~•~ith tha Clerk
of the Board of Comr?issioners and Rega.ster of DQeds a statement
of the debt of said County pursuant to The Local Governn:en~ Bond
Act, as amended, DO h'EREBY CERTIFY that the follot~ing is a true '
statement as shacm by the baaks in my office, not taking into
consideration ar_;~ debt incurred ox to be incurred in anticipation
of the collection of taxes or othez xevenues or in antici.patian
of the sale of bor_ds othex• than funding and refunding bonds:
(a) GROSS DEBT
a(1) outstanding debt evidenced by bands:
T~ater Bonds .--•--• .......-•--•_-- $.•
Sana.tary Sewex Bonds -------------- 435,000 _
School Building Bonds ............. 3,82'7 :0 OD
Other Bonds ....... ............... 60 .0~0 $ 4 .322-,000
a (2) Bands authoxized b=' an order intra-- -
duced on August 2, 1976 but not yet
adopted:
Schval Bonds ...............................• $6rDOD,000
a(3).• Unissued bonds authorized by adopted
orders .......................••-----•----••--- $•.. ~.:.
a{4) Outstanding debt, not evidenced by. ~ p
(a) GR05$ DEBT, being the sur? of a (l) , -
a(2), a(3) and a(4) .........................•- $10•,322,000
(b) Dr.D[iCT,iONS
b(7) Funding and ze~L:nding bonds authorized
by arc;.ers introduced bu; nit yet 0 ^
adopted ..-•-•-• ............................... $•------•-
b(2) T'unding and xefunding bonds authorized _ D
but not ye4 issued ..........................•• $.........
f l
b(3) The a~:ount of money held in sinking
funds or otherwise for the pays=_nt of
any part of the principal of gross
debt other than debt incurred for
water purposes oz sanitary sewer
purposes (to the extent that the bonds - 0 _
are deductible under G.S. 159-55 (b) ............ $......._,
b(4) Bonded debt included in gross debt
and incurred, or to be incurred, for - 0 .. _.
water purposes ............................•--•• $•-----..e
b(5) Bonded debt included ir_ gross debt
and incurred, or to be incurred, for
sanitary setvez system purposes to the
extent that said debt is rsade deductible _ 0 ^
by G.S. 159-55 (b) ............................:. $......,
b(6) Uncollected spacial assessments hereto-
fore levied for local impzave,,,ents far
which any pare of the grass debt (that •
is net otherwise deducted) wras or is to
be incurred, to the extent that such
assess~rants will be applied, when col- -
lected, to the payment of any part of •
the gross debt .....................••-•-----•-- $- ~ ~.e,
b(7) The anour_t, as estimated by the
o~ special assessments to be
levied for local improvements for v~hich
any part of the gross debt (that is not .
otherwise deducted) was or is to be incur-
red, to the extent tk:at the special as-
sessments, when collected, trill be applied
to the payment o~ any pant of the gross debt ... $. d. ......
(b) DED`JCTIOA7S, being the sun o~ b(1), b(2), - 0
b(~). b(4), b(5). b(6) and b(7) ..------••--•--- $..---...... .
(c) NET BEET •
(c) NET DEBT, being the difference between
EDiiCiTODIS (b)
d
h
ZO
, 322
.:
. - - - . -
t
e D
the G~tOSS DEBT (a) an -
_,
$
.(d) APPRAISyD VALUE
(d) APPk7r~ZSED VALUE of property subject to '
municipal taxation before the application
of any assessment ratio, being the value
i
1976
i 700,OOf:,::
$
..................................
n
xed
f .......-.
(e) DEBT ~.TIO
(e) PezcYntage tvhiah the net debt bears to
said appraised value ....... .................. 1 .5 -
The foregoing state:~snt is true.
.1 J~-~-+~ 1 l `~
k'inance O„i:f~icer cf the Caunt~ o.=
Orzr_ge, north Carcli~w
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~ ~;
STATE OF NORTii CAP.OLINA)
Ss..
COLNTI' OF Ox'2~NGE )
Subscra.bed and sz•~orn to beAore me this 2nd day or'
August, ].97'u.
,~' -
' ~~~;~ tar • Public '
V
~,
/ / ,.
rIy cor~zaission expires (.~~~ ~ / ~~ -- - :- - •
`-.~'~' .
~~ ,,..
I, Batty June rages, Clerk o; the Board of Cvm~ni s5io:~exs
for the Co,±nty of Oranges, North Carolina, and Register of Deeds,
DO IiE;~3~' CERTIFY that the foregoing is a true copy of a stater:ent
which ~,ras filed with and at a m2eti ng a= said Board of Comma.ssa.orexs
an August 2, 1976, after the introduction and before the public
hearing on an order a~athaz~.zing $6,000,000 School Bonds of said
County, 'and that said statexaent is open to public inspection in
my oz£a.ce.
IaT_TNESS my hand and the official seal of said Soard, this
ciay o~ August, 1976.
Clerk ~•o' the Soard a`~ Commissioners
- and Register or Deeds
-3--
~'1
~~ ~
• The Board•of Commissioners for the County of Orange,
North Carolina, met in xegulax session in the County Ca~.~issionvr:
Room of the Orange County Courthouse in Hillsborough, Earth
Caxalina, the regular place of meeting, 'at 10:00 o'clock A.M.,
an August 2, 1976.
Pxesent: Chairman Flora R. Garrett., pxesidirsg, and
Coruaissioners Norman Walker, Jan Pinney, Norman Gustaveson, and
Richard Whiffed
Absent: -None
Also preser_t: Betty Jur_e Hayes, Clerk of the Board ox
Cam~eissioners and Register of Deeds, and Vliley Neal Evares, FirarcP
Officer.
The Clerk of the Board of Coi,anissi.or_ers and .Register of
Deeds presented certified copies of resolutions vrhich had been
xeceived xrom The Orange Cour_ty Board of Education ar_d The ChapQl
hill - Carrbora City Board of Education.
Thereupon Commissioner Richard Whitted
introduced the folla~ti'ing order authorizing bonds which ~•ras read.:
ORDER AUTHORIZIT_1G $6,000,000
SCFIOOL BANDS -
t•IHERE.AS, Tne Orange County Board of Education has certi--
fled to this Board a xesolu'Eion passed an July 26, 1976, showing
that acequate school facilita.es zre not no~•r avai].abl~. in the
Orange County Adninistra4ive Unit to comply Frith the ze_uiren2zts
of Section 2 of Article IX of 4he Gonstitu4ion of P~arth Caro lira
far the maintenance of schools nine mor_ths in every year, and 4h-~t
it is necessary, ir. order to maintain such nine r.:onths' sv?^oa1
tern as required by said SE'C4ip:~ 2 ox Article ?•k of the ConstitutioG:.
~u
a
tO prov3.de additional school facilities in said Ur_it by srecting
additional school buildings and other school punt facilities,
remodeling, enlarging and recor_struc~ing existing school buildings
and other school plant facilities, and acquiring necessary land
and equipment therefor, the estimated cost of ~.hich is $3,000,000.00 ;
and
WHEREAS, The Chapel Fii11 -- Carrboro City Board of
Education has certified to this Board a resolution passed or_~7uly
26, '].976, showing that adequate school facilities .are not now
avaxlaiale in the Ch3pe1 Hill - Carrboro City Administrative TTnit
to comply with the requirements of Section 2 of Article xK of the
Constitution of Forth Carolina for the ma3.xztenance of schools nine
nonths_in every year, and thai it is necessary, in order to main--
tain such nine months' school term as required by said Section 2
of Article xX of the Constitution, to provide additional, school.
facilities in said Unit by erecting additional school buildings
and other school plant facilities, remodeling, enlarging and
reconstructing existing school buildings and other school plant
facilities, and acquiring necessary land and equipment therefor,
the estimated cost of which is $ 4,000,000.00 and
WHEREAS, said resolutions request the Board of Cam~issioners
to take all necessary steps, by the issuance of bonds ox othereviss,
in order that such school facilities nay be provided; and
t~7HEREA5, the Board of Coa:•riissianers has carefully exa:;tinpd
the facts and has deter:~ined and does hereby find as a Aact that
the statements made in said resolutions are true and that.it has
become the duty of said Board of Co~r~:~issiorers, aCtinr as an
administrative agent of the State in providinc a States s~~ate*
ox public schools, to ardor the issuance of bonds of t~~ County
o` Or-anc~e so 4hat the 5C~'lOol facilities r~rtia ed ir_ sale resalu_
tiazs and in paragraph 1 of this order r:ay he provided in order to
-2-
maintain the nine months' school terra in the County of O~ange as
required by Section 2 of Article YX of the Constitution; no,•r,
therefore,
BE XT OP.DERED by the Board of Co,~niss~.one?-s fox the
County o£ Oxar_ge:
1. That, puxsuant to The Local Covern.~nt Bond Act, as
ar•_.ended, and in axder to maintain the nine r,+.onths' school texcL in
the Caun4y of Orange as required by Section 2 of Article IX of
the Constitution, the County of Orange, Naxth Carolina, is Y!exeby
authorized to contract a debt, ir_ addition to any and all othex
debt which said County may now or herzaftex have pager or authoxi4::
to contract, and in evidence thexeo` to issue School Bands in an.
aggregate principal amount not exceeding $6,OOO,DDO fax the puxpas
of providing funds, with any other available mounds, for exacting
additional school buildings and other school plant facilities,
xemadsling, enlarging and recar_stXucting existing school build~.:±.
and other school plant facilities, and acquiring necessary land
and equipment thexefox, ir_ oxdex to provide additional school
facilities in said County,
2. That taxes shah. be levied in an ar.!ount sufficient tc
pay the principal of and the ir_terest an said bonds.
3. That a srrroxn statement of the debt oz" the County has
been filed with the Clerk of the Baaxd o~ CoTs:issionexs and Regist~::
of Deeds and is open to public ir_spection_
~. That this order shalJ~ take effect e;her_ approved by
the tcters of the County at a xefexendu-n as provided in said .pct.
The Board of Con~:-issio;~ers thereupon daaignaf.~d the
Finance Oz"ficer as the affirer to r.~ake and ~i].e ~~ith tea Cl~,-k
of the Board of Com-nissioners and Register o: Deeds the s:Yarr.
statement of debt or" the CoLtrt~r ~•rhich is reruixed by T_^_Y Loco;,
Gavernrent Band ~1ct, as ariendeu, to be fib ec? before thF i nr'•
°3-
S`
passage of the order ~•:hich was introduced at this ~;eetirg:
Thereupon the Finance Officer filed with the Clerk
of the Board of Commissioners and Register of Deeds, in the
presence of the Board of Commissioners, the sworn statement of
debt as so xequired.'
Thereupon the order entitled- "ORDER AUTHORT~ItdG
$6,000,000 SCHOOL BANDS" was passad on, first reading.
On motior_ duly made, seconded and unanimously carried,
the aoard of Com*nissianers fixed 7:30 0' clock p .pr, ~ August 18,
7.976, as the hour and day for the public hearir_g upon the foregoing
order and directed the C1Erk or the Board of Co;rmissionexs and
Register of Deeds to publish said order, together with the appended
statement as xequired by The Local Government Bond Act, as amended,
in The News of Oran a Count and The Chanel FIill News a e-
r na4 latex .
than the sixth day before saa,d date.
~ ~ ~ * ~
On ,motion duly made, seconded and unanimously carried,
the 13oard of Commissioners rescheduled to 7;30 o'clock P _i4_ on
August 16, 1976 the regular meeting of the Hoard of COmr„issianarS
scheduled to be held at 7.30 P.I1. on August 17, 1975.
~ ~ ~ ¢
~ x
Y~ Betty ~7ur_e I3ayes, Clerk of the Board of Con~issiorers
for the County of Orange, ATorth Cazolina, and Register of beads, DO
HEP.EB1' CERIIFX that the foregoing is a true cap~• of so ; ~;cz o f the
proceedings of the Board of Co:na-nissioners for sai d Count- at reetir5
held on August 2, 1976 as relates in any ~•~ay to the intrcwuGtivn arc
on first reading o{ an order authorizing $5,000,000 Schocl ?ancs o_° sai:?
e!
F~ .; -_ . .... ..... . ...-- - - . ... _ .._..._-...-- ~_.._ .. _..
-.
County and the calling o` a pualic hearing upcn such: oruer, and
- that said proceedings are recorded in z4inute Book No. 9 of
the minutes of said Board. :. - - _. - __
T~IITN~SS my hand .and the o~ficial seal of said hoard
this. ~y day o~ August, 1976.
- T __ - - "- -_ l
- ~ Cler Hof the Board ox (~omnissor_exs .
and Register of Deeds
4
",7 --
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Whitted, it was moved and adopted that August 18, 1976, at 7:30 p.m.,
be scheduled as the Public Hearing for the School Bond Referendum,
and that the Clerk to the Board be authorized to publish in the News
of Orange and the Chapel Hill Newspaper a notice of this meeting not
less than six days of the public hearing.
Upon motion of Commissioners Whitted, seconded by Commissioner
Gustaveson, it was moved and adopted that the meeting of August 18th
be a regularly scheduled meeting.
The Board then returned to Item 12 to continue discussion of plats.
Plat of Allen and Mayes - This plat proposes the division of a
ten acre tract into two approximately equal parts. The Planning Board
approved the preliminary plat subject to the following modifications:
"That the final plat show access to the State road as agreed upon with
the Planning Board." y
Discussion ensued as to how access would be gained to and from
the State Road. The Board agreed that the Planning Staff should make
an on-site investigation and then discuss this plat with the Chairman
of the Planning Board, then resubmit the preliminary plat for approval
on August 24, 1976.
Commissioner Pinney stated that he would like to know where Tract
II would exit.
Grampian Hills Phase III: This plat proposes the division of
twenty-three acres into nine tracts, each approximately two acres in
size. The Planning Board approved this plat.
Discussion ensued concern the slopage of the land as related to
the septic tanks.
The Board agreed that the road should be redesigned with the
possible use of a cul-de-sac, and Commissioner Pinney stated that the
Board needed to know whether there were dedicated right of ways.
This plat was sent back to the Planning Board for answers to the
aforementioned px'oblems.
Final Plat of Nettie Bynum - This plat proposes the division of
eight acres into four two-acre parcels. Access will be provided by
a private road connected-'.t6 State Road 1941. The Planning Board has
approved this plat.
Upon motion of Commissioner Pinney, seconded by Commissioner
Whitted, it was moved that the plat of Nettie Bynum be approved.
The Chairman called for the vote. Voting aye were Commissioners
Pinney, Walker and Whitted. Voting nay were Commissioners Garrett
and Gustaveson. The Chairman declared the motion passed.
Henry Trice - This plat proposes the division of a nineteen acre
tract into three parcels, four, five, and ten acres respectively.
Access will be provided through an existing private road. The Planning
Board approved this plat.
Upon motion of Commissioner Whitted, seconded by Commissioner
_ Gustaveson, it was moved and adapted that the final plat of Henry
Trice be approved.
The plat of Victor Zinn was deferred until a later date.
Faxlair Phase I - Phase I of this project consist of four lots
each fronting on State Road 1723. The Planning Board approved this
plat.
The Board agreed that the driveway entrances on two of the lots
should be on an existing road and not onto State Road 1723.
Upon motion of Commissioner Pinney, seconded by Commissioner
Gustaveson, it was moved and adopted to approve the final plat of
Foxlair Phase I with the condition that the entrance to Lot 2 and 3
not be an State Road 1723.
The Chairman referred to Item XIII on the Agenda: The Planning
Director will present proposed amendments to the Orange County Planning
Ordinance.
The Planning Director, Ervin Dobson, presented to the Board the
proposed amendments as well as alternate proposals. He stated that he
was attempting to draft the most recent suggestions which were made
during the work sessions. He directed the Board's attention to page 3,
Section 1.1 which had been rewritten for clarification; and on Pages 6
and 7, Section 1.2.2 and 1.2.3 which deals with an impact statement and
the hand out pages which contain some general changes.
Mr. Dobson stated that the Planning Board did not meet for their
last regular meeting because of a lack of quorum and the Planning
Board had not seen the proposed changes.
Hal Minis of the Planning Staff reviewed the proposed changes with
the Board. Following discussion, the Board agreed that the public
hearing scheduled for August 9, 1976, should be postponed and that
another work session between the Planning Board and Staff and the Com-
missioners should be held before the public hearing.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Whitted, it was moved and adopted to postpone the August 9, 1976,
Public Hearing to the regular quarterly public hearing scheduled for `
August 31, 1976.
The County Attorney encouraged the Board to make decisions regarding
the proposed Ordinance with standards in mind.
The last order of business far the County Commissioners was to
designate a voting delegate to the North Carolina Association of County
commissioners Convention on August 19, 1976.
Chairman Flora Garrett was so designated.
The meeting was then adjourned.
~~0.~ .~~-
Flora R. Garrett, Chairman
Betty June Hayes, Clerk
ORANGE COUNTY BOARD OF COMMISSIONERS
August 18, 1976
The. Orange County Board of Commissioners met in regular session on
Wednesday, August 18, 1976, at 7:30 p.m., in the Superiox Courtroom of
the Courthouse in Hillsborough.
Members of the Board present were Chairman Flora Garrett, Commis-
sioners Norman Gustaveson, Jan Pinney and RicY~ard Whitted.
Member absent was Commissionez Norman Walker.
Others present were S. M. Gattis, County Administrator; Neal Evans,
Finance Director, Jeffrey Gledhill, County Attorney; and Betty June
Hayes, Clerk.
The Chairman of the Board called the meeting to order and announced
that there were two Public Hearings on the Agenda and then inquired if
there were person; present, who were not listed an the Agenda, and having
business to transact with the Board of Commissioners.
The County Administrator, Mr. Gattis, stated that he had one items
that should be added to the Agenda which concerned assurances for the
Sectien Eight Housing Program.
Chairman Garrett stated that this was the time and place for the