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MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
MONDAX, AUGUST 1, 1977
The Orange County Board of Commissioners met in regular session on
Monday, August 1, 1977, at 10:00 a.m., in the Commissioners' room of the
Courthouse in Hillsborough.
Members present were Chairman Richard Whitted, Commissioners Norman
Gustaveson, Jan Pinney, Norman taalker and Donald taillhoit.
Staff members present were S. M. Gattis, County Manager, Neal Evans,
- County Finance Officer, and Agatha Johnson Clerk.
A. B. Coleman, Jr., and Jeffrey Gledhill, County Attorneys were also
present. ,
Chairman tn)hitted referred to Item 1 on the agenda: Persons not on
this agenda having business to transact with the Board of Commissioners
should make their present known.
Ben Lloyd, a representative of the Farmers and Land Owners Associaticn
requested permission to address the Board.
Mr. Sim Efland stated that he had a matter to present to the Board of
Commissioners.
Mrs. Josephine Barbour stated that she had a matter to bring to the
Board's attention.
The County Manager asked that the Board approve the enlargement of
the Orange Grove Fire District.
Commissioner Pinney requested that the Board have a second reading
of the amendments to the Subdivision Ordinance for Chapel Hill and Eno
Townships.
Chairman Whitted stated that another item regarding the Orange t9ater
Sewer Authority would be added to the agenda.
Commissioner Willhoit asked that a progress report of the Advisory
Councils be presented.
Chairman Whitted referred to Item 2: Minutes of the Board's meeting
held July 19th are submitted for the Board's consideration.
The minutes of July 19, 1977 were reviewed.
Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson,
the minutes of July 19, 1977 were approved.
Chairman t^mitted referred to Item 3 on the Agenda: Representatives
of the Town of Mebane to discuss a contract between the Town of Mebane and
Orange County.
The representatives from the Town of Mebane were not present.
Chairman whitted referred to Item 5: Ms. Cathleen Fu11erA' President
of the Orange County Advisory Council for Cheeks, Efland, Cedar Grove and
Miller Road Communities to discuss Community Development funds for a play-
ground and recreation area.
Ms. Cathleen Fuller was not present or any representative from the
Orange County Advisory Council for Cheeks, Efland, Cedar Grove and Miller
Road Communities.
Chairman Whitted referred to Item 7: Architectural evaluation for
bids for renovation of the Northside School.
Chairman tnihitted introducted James P1ebb, architect for the renovation
of the Northside Schoal.
~~
Mr. Webb stated that bids were submitted for contracts for heating,
electrical, plumbing and Air Conditioning as well as the prime contract
for construction of the building. Of the general contractors who sub-
mitted bids, the low bid was Triad and Incorporated for renovation and
alternations of the old classroom building. mhe low bidder also sub-
mitted the low bid for the three alternates which are: 1) Renovation
of the Day Hospital, 2) New Roof instead of patching the old roof, and
3) New insulated windows instead of re-glazing. Mr. T.~ebb reviewed with
the Board the low bids for the various projects of the renovation. He
stated that the minimum total cast for renovation of the building is
$393,983.59. Compared to the total funding of $411,765. a difference
of $17,781.41 remains. Mr. Taebb recommended that the remaining funds be
used for a new roof at a cost of $14,563.50. The remianing $3,217.91
would become pax't of the contingency fund.
Mr. Webb spoke of the energy efficiency of the proposed building.
He stated that redesigning the heating and air conditioning system,
predicated by the re-glazing of the old windows, along with a product
known as cool shade would provide energy efficiency to the building.
This is alternate #3.
Mr. Webb stated that there is a passibility of further considera-
tion to the Old Cafeteria Building by the County Maintenance Staff. He
stated that any action regarding this would recuire negotiation between
the architect and the County Manaaer. The total cost of completing the
old Cafeteria Building is $80,429.11. Mr. Webb recommended that Mr.
Gattis discuss further the proposal and bids which have been submitted
and to submit to the Board a final proposal of what he feels is a reasonal
cost.
Chairman Whitted read to the Board a letter from W, F. Baxter, fix'.,
Orange-Person-Chatham Mental Health Area Director, The letter stated
that the Area Mental Health Board did approve and recommended fox approval
to the Orange County Board of Commissioners the low base bid and low
mechanical bid, plus contingency and architect fees for old classroom
building of $393,983.59, and the construction of a new roof (Alternate xI0
at a cost of $14,563.50. __._
Upon motion .of Commissioner Pinney, seconded by Commissioner Gustaveson,
it was moved to accept the low bid on the old classroom building and _...
Atlernate 22, Construction of a new roof, and that the County .Manager and
the architect continue discussions of renovations of the old Cafeteria
Building. Further discussion ensued.
Commissioner Walker stated that
motion, because he felt the original
had been illegally appropriated. To
should vote against the motion.
he would have to vote against this
project was illegally borne and monies
be consistent, l~s. C4alker felt he
The Chairman called for the vote on the motion. Voting aye were
Commissioner Whitted, Gustaveson, Pinney and Willhoit, Voting nay was
Commissioner Walker. The motion was declared passed.
Mr. Webb reminded the Board that the County Commissioners needed to
provide the Town of Chapel Hill with a schedule of improvements to the
proposed Mental Health Center in order to obtain a Special Use Permit.
Conditions for receiving a Special Use Permit are: 1) That the County
make a commitment for improvement to the total property. 2) Provide
gravel parking space in the existing parking area: At least 75 spaces
would be needed for occupancy of the Multi-purpose program in that build-
ing. 3) To block off one road in the area. 4) Railing to be erected
on a curve in the road. 5) To clean up the site. 6) To install a
drainage plat for storm draining. These items must be completed by
July, 1978. 7) Dedication of easements and right of ways'should be
made by the end of the second year. Walkways should also be provided
by the end of the second year. 8) Paving the unpaved portion of the
parking areas should be completed by the end of the second year.
9) Additional lighting should be provided by the end of the second year.
10) Laying of sidewalks and landscaping is to be completed by the end of
the third year.
Commissioner Gustaveson moved that the schedule presented by Mr. Webb
be submitted to the Chapel Hill Planning Department as a prerequisite for a
Special Use Permit. Commissioner Willhoit seconded the motion.
~~~
Voting aye on the motion were Commissioners Gustaveson, Pinney,
Whitted and Willhoit. Voting nay was Commissioner Walker. The motion
was declared passed.
The Finance Officer was ree~uested to present a budget ordinance to
the Board at their next meeting.
Chairman Whitted referred to Item 10: Consideration of contract bet-
ween the Orange County Health Department for reading of x-rays in lieu of
services by Dr. Fuller of the District Health.
Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson,
it was moved and adopted to approve the Contract between the Orange County
Health Department and Dr. 12ick 5uberman.
(For copy of Contract see page 316 of this book.)
Ghairman Whitted then asked Ben Lloyd to present his remarks to the
Board of Commissioners . '
Mr. T,loyd spoke of the financial loss to farmers in the area due to the
recent draught. He stated that he and others had appeared before the County
Commissioners in regard to the salary increases recommended through a study
done by State Personnel. He informed the County Commissioners of a meeting
he had with representatives from the State Personnel Department, who had
explained to Mr. Lloyd their method of determining classifications of
County employees. Mr. Lloyd stated that he did not believe the Commission-
ers had sufficient information for granting salary increases to County
Department Heads, however, Mr. Lloyd provided the Boad with information
which he had received from State Personnel. He asked the Board for comments.
Commissioner Gustaveson reminded Mr. Lloyd that the positions of some
County employees were compared to other positions within the County. He
stated that job descriptions could not be compared with other counties, but
that Orange County had competent employees and that it is important to keep
competent employees in the. positions.
Commissioner Walker stated that he had not seen the information pro-
vided by Mr. Lloyd before, and he moved that the Board request Mrs. Horton
from State Personnel to review with the Board the recommended salaries of
the County Department Heads.
Chairman Whitted stated that when the Board discussed salaries during
the budget deliberations, they were presented salaries based on studies per-
formed by State Personnel. State Personnel does not make recommendations
for elected officials' salaries. Decisions made during the budget dis-
cussions were based partially on the recommendation made by State Personnel.
State Personnel made no recommendation for the County Manager's salary.
Commissioner Willhoit stated that he felt instead of looking at
salaries, one should look at the paygrades, which provided merit increases
to employees. That the range of salaries within paygrades are to provide
opportunities for merit increases. He added that he felt the State Person-
nel people were competent in their field, however, allegations had been
made and the Board would investigate this area further if it sees fit.
Chairman Whitted stated that he had requested that the Department
Heads' salaries be studied for consideration in the 1977-78 budget. Nx
Lloyd has pointed out and provided information regarding the study. The
Board's decision regarding these salaries was based on the State's recom-
mendation as well as the level of the salary recommended, the job that is
being done, and the people performing these jobs. Mr. Whitted stated that
he felt the Board has sufficient information to make the decisions regard-
ing the .salaries, and that the decisions regarding salaries were good
decisions.
Commissioner Walker urged the Board to request State Personnel to
present to the Board of Commissioners a review of their studies of County
salaries.
Commissioner Pinney stated that he felt it was not necessary to ask
State Personnel to attend a meeting, that he felt answers could be acquired
through correspondences.
y ~J
Commissioner Willhoit stated that since Mr. P)alker's motion had not
been seconded, he would move that the Ghairman to the Board contact State
Personnel and discuss the allegations which had been presented to the Board.
Commissioner Pinney seconded the motion.
Chairman Whitted called for a vote on the motion and all members of
the Board voted aye. The motion was declared passed.
Thy Chairman asked Sim Efland to present his business to the Soard of
Commissioners.
Mr. Efland informed the Bcard that Congressman Fountain would be in
Hillsborough on August 23rd, from 2:00 p.m., to 4:00 p.m., to discuss
matters of importance with citizens of the County. Congressman Fountain
will meet citizens in the Commissioners' Room of the Courthouse.
Chairman Whitted informed the Board that William Berryhill, a staff
assistant for Senator Jesse Helms, would meet with citizens of the County
in the Commissioners' Room on Aggus.t 3, 1977, from 10:00 a.m., til 11:30 a.m.
to discuss matters of importance.
The Chairman asked Mrs. Josephine Barbour to present her business to
the Berard of Commissioners.
Mrs. Barbour asked questions regarding the part time position of the
Information Officer with the Emergency Medical Services. Mrs. Barbour
was informed that this position was not paid by the County, but was paid
by the Chatham-Orange Jaxnt Emergency Medical Service Council. Funds for
the salary come through a private foundation.
County Attorney, A. B. Coleman, Jr., asked the Board to discuss Item3
on the agenda: Representatives of the Town of Mebane to discuss contract
between the Town of Mebane and Orange County.
The County Attorney stated that he had been discussing the matter with
the Mebane Town Manager, and his last conversation with the Town Manager,
he was told that the Town Manager was instructed to not discuss the matter _
further. He stated that he had not been provided with basic information
which he had requested regarding the debt.
Commissioner Gustaveson stated that he felt the County Attorney should
move with dispatch to get the basic information which he had requested.
Chairman Whitted stated that since representatives from the Town o£
Mebane had not appeared at the meeting today, that the County Attorney has
the authority to proceed with collecting the debt from the Town of Mebane.
Item 6: Ms. Gloria Williams, Joint Orange Chatham Community Action
Housing Director to discuss Housing Grant JOCCA will receive for renovation
of rural housing in Orange and Chatham Counties.
Chairman Whitted recognized Ms. Williams. Ms. Williams informed the
Board of funds received in Orange and Chatham Counties for the Crisis Inter-
vention Program to help the poor with utility payments. She stated that
this money must be expended by August 31 of this year. Next, Ms. Williams
spoke of the Weatherzzation Funds which JOCCA had received and is proposed
to received in the near future. One supervisor can be hired with this
monty, however, the problem in Orange County is that there is only one
work crew, which is heavily involved in rehabilitation work through Farm
Home Loans. She stated that there is a mandate for weatherization work
in the County, but the crews are not available to do the work. She asked
that one CETA work crew or lay people be provided in order to get weatheri-
zation work going in Orange County.
Ms. Williams stated; in addition, JOCCA would be receiving additional "
monies for a rural housing and demonstration grant. This is to help those
families who have been rejected b_y FHA for home loans. Ms. [ailliams stated
that field laborers were needed in Orange Gounty in order to spend these
monies. Weatherization Funds will expire January 31, 1978.
The County Manager stated any additional CETA positions would be very
small. The Finance Officer stated that he had talked with Mr. Slone from
the Durham-Orange Employment Training Office and no additional CETA positions
are available.
[.4-v
Discussion ensued regarding the use of volunteer workers for the
weatherization work. It was suggested that the only work crew be used
until the end of January for the weatherization work. Ms. Williams was
asked to investigate the possibility of using the present work crew, as
well as mobilizing volunteer work crews. Mr. T+73.lliams was asked to contact
the Orange County School System for resources for the work.
The Board adjourned for lunch. Commissioner Walker was excused for
the afternoon portion of the meeting.
The Chairman called the meeting to order and referred to Item 9 on the
agenda: The County Attorney will present an Ordinance, "Providing for the
Conservation of u7ater during a Water Shortage and Restricting the Use of
Water during More Severe Shortages", for second reading and approval, and
a Proclamation.
Chairman Whined stated that a vote was taken at the July 19, 1977
meeting for adoption of the Ordinance regarding the Conservation of Water.
Because of the absence of Commissioner Willhoit, a second reading of the
Ordinance and a second vote is required.
The County Attorney stated that a motion was needed to adopt the
Ordinance and with the adoption of the Ordinance the Public Proclamation
declaring stage three of the emergency is automatically declared.
Upon motion of Commissioner Gustaveson seconded by Commissioner Pinney,
it was moved and adopted to adopte the Ordinance "Providing for the Con-
servation of Water During a Water Shortage and Restricting the Use of Water
during More Severe Shortages.
(For copy of Public Proclamation, see page 320 of this book)
For copy of the abovementioned Ordinance, see County Commissioners
Ordinance Book, Page 3l.
The Clerk was instructed to deliver the Ordinance and Proclamation tc
the Sheriff's Department for enforcement.
Item 4: Appointments:
A. One requirement of LEAA is that one member of the Orange County
Board of Commissioners be appointed to the Orange County Youth Service
Needs Task Force as an advisory member.
The Clerk was instructed to check with Commissioner Walker to see if
he would agree to serve in this capacity.
The County Manager informed the Board that Judge Peele has accepted
the appointment to serve in an advisory capacity on teh Youth Services Needs
Task Force.
Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson,
it was moved and adopted to appoint Judge Stanley Peele as a member of the
Youth Services Needs Task Force.
B. Triangle Housing Development Board of Directors request representa-
tion from the Orange County Board of Commissioners to that Board.
The Chairman informed the Clerk that Commissioner Gustaveson has
accepted the appointment to serve on the Board of Directors of Tr ngle
Housing Development. The Clerk was requested to informed the Chairman
of Triangle Housing Development of this action.
C. One member of the Orange County Board of Commissioners should be
designated as the voting delegate at the 70th Annual Conference of the
North Carolina Association of County Commissioners.
Commissioner Gustaveson recommended that Commissioner Jan Pinney or
those Commissioners present at the conference be designed as the voting
delegate to the 70th Annual Conference.
Item 8: Chairman Whitted request discussion of primary roads in
Orange County prior to the August 23, 1977 public Yieari in Burlington.
The Chairman stated that he felt this Board shoul~p~io'nt out again to
the Department of Transportation the primary road needs in Orange Ccunty.
Chai~mari Whitted cited three hazarous roads which are of ~oncexn to the
County: 1) Hwy. 86 between Ch.~~el ~~~~ ~Ad H~ll~boxcugh_~ 2L ~wx~ S4~
East of Chapel Hill, toward the Research Triangle, 3) the interstate System
which is under the Primary System. He stated that these were three cones
ditions which needed to be brought to the Department of Transportations
attention. The Chairran asked that a resolution stating the Boaxd's posi-
tion regarding these three highway conditions be prepared for presentation
at the August 23, 1977 public hearing in Burlington.
The Board scheduled Wednesday, August 17, 1977, at 7:30 p,m., as the
public hearing to discuss Secondary Roads Program in Orange County fox
1977-78.
Chairman Whitted stated that Mr, Everett Billingsley and Mx, ~onath.an -
Howes, representatives from the Orange Water and Sewex Authority were prew
sent to address the Board regarding the release of water from Lake Orange _
for use by O[wA5A users.
Mr. Billingsley stated that he was present to reauest from the Board
of Commissioners the release of certain quantities of water from Lake
Orange for use by consumers of OWASA. Mx. Billingsley xeauested that two
million gallons of water be released per day for an extended period during
the present emergency. He stated that a similary contract would be pre-
sented to the Town of Hillsborough for ulitization of Hillsborough's
facilities.
Mr. Billingsley presented an agreement to the Board for their zeview.
Discussion ensued regarding the agreement and the Commissioners re-
quested certain changes be made to the agreement.
The County Attorney indicated the fallowing changes be made to the
agreement: 1) An overriding clause be added to Provision 2 and 3 in the
event the County has an overall water allocation problem and 2) a declara-
tion of the emergency be jointly made. 3) A review clause will be added
instead of rewriting Provision 2.
Upon motion of Commissioner Willhoit, seconded by Commissioner Pinney, _
it was moved and adopted to approve the agreement between the County of
Orange and the Orange Water and Sewer Authority.
(Far copy of aforementioned agreement see page 323 of this book.)
Chairman Whitted referred to Item 11: Resolution honoring Dr. Charles
Martin for his service as Executive Director of the Orange Council on
Aging.
The Chairman read the resoltuion.
Upon motion of Commissioner Pinney, seconded by Commissioner Custaveson,
it was moved and adopted to approve the resolution of commendation for
Dr. Charles K. Martin, Jr.
(For copy of the resolution for commendation see page 327 of this
book.)
Chairman Whitted referred to Item 12: Plats for consideration
Chairman Whitted recognized Irvin Dobson, Planning Director, who intre-
duced to members of the Board new Planning personnel. He recognized Eddie
Kirk, who presented the following plats.
A. Sedgefield - Final plat of the remaining two section of this sub-
division. There are fifty-nine lots in this project. The property is lo-
cated south of Piney Mountain Road and north of [weaver Dairy Road. City
water will be provided. The Department of Transportation has reviewed and
approved roads for this project. The Planning Board is waiting for approval
from the Health Department.
Commissioner Willhoit stated that he felt all agencies and Departments
shoudl approve these plats before they are submitted to the Commissioners
for their approval. Granting approval subject to certain conditions puts
undue pressure an certain departments,
Mr. Kirk stated that the new Subdivision Ordinance required that all
approvals be obtained before the plats are presented to the Planning Board
and the Board of Commissioners.
U ~ L
The developer stated that lots which'.are unsuitable for building will
be redesigned and that the plat would indicate this unsuitability before
recording. Mr. Goforth, the developer, stated that he did understant haw
test could be performed, if the lots are not property makked and staked out.
The Health Department cannot grant approval until lots are marked, and this
creates a problem.
Discussion ensued. The Planning Staff was requested to work on this
problem and attempt to find a solution.
Upon motion of Commissioner Pinney, seconded by Commissioner Whitted,
it,was moved and adopted to approve the final plat of Sedgefield, subject
~.. to the Health Department's approval.
B. Hunters Ridge, Phase 22 - This plat was deferred until a later
time.
G. Northwood, Phase V - Preliminary Plat. This proposal consists of
about sixty-seven (1) acre lots to be served by a public road. The pro-
perty lies south of the existing subdivision, and is off of Hwy. 86 at the
corner of Weaver Dairy Road. Chapel Hill has reauested that a 60 foot right
of way be dedicated as part of the proposed thorough-fare plan. The Depart-
ment of Transportation has approved the road.
Chaarman Whitted asked what the typical lot size would be. Mr. Goforth
stated that the lot size would have to be adjusted and that all lots would
be (1) acre. The road will be changed slightly and some lots will be ad-
justed.
Commissioner Gustaveson moved that the preliminary plat of Northwood,
Phase V be approved with one acre lots. Gommissioner Tr7illhoit seconded the
motion.
Commissioner Pinney stated that the Board was doing exactly what they
had said they would not do by approving the plat subject to certain con-
ditions.
-- The Chairman called for the vote an the motion. Voting aye were
Commissioners Gustaveson, Whitted, and Willhoit. Voting nay was Commis-
sinner Pinney. The motion was declared passed.
D. Greenbriar Estates: Final. Plat
This plat consists of six lots served by a "Class C" private road.
The land is located off of Old #10. The Health Department's approval has
been granted, however, approval of Southern Railroad is still pending. A
60 foot right of way has been dedicated for the Class C road.
Upon motion of Commissioner Finney, seconded by Commissioner Gustaveson,
it was moved and adopted to approve the final plat of Greenbriar Estates,
subject to the approval of the Railroad Company.
The Chairman of the Board read a resolution of appreciation for
Chris Edwards, who will be leaving the employment of the County this month.
The Planning Director presented to the Boarcl a progress report of the
Township Advisory Councils. He stated that the Bingham meeting of July 21
was well received and attended by twenty local residents. Preparations are
underway for forthcoming meetings in Cheeks (August 9) and Eno (August 11)
Townships. Meeting sits are the Efland Fire Station and the Eno Fire Sta-
tion.
The County Manager stated that he had received a petition from the
Population Planning Association, Inc. signed by the Secretary, Frank Broome,
..--. requesting that their property, which is on the South side of Hwy. 54 and
West of Carrboro, be included,'in the Orange Grove Fire District. He stated
that the document had been property executed.
Upon motion of Commissioner Willhoit, seconded by Commissioner Pinney,
it was moved and adopted to approve the petition to enlarge the Orange C;rove
Rural Fire District. (For copy of Petition see page 328 of this book.)
The meeting was then adjourned. --
Ri a E. it ed, Chaix~nan
Agatha Johnson, Clerk
~~~~
Crank Ca an t; siealt:^_ Dep :rt:~~ t
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?~illsborvu„ 1., -'ort?~ Carvlir_a ~7~7°
4.:_..~ .. _~~
l;ettieen ~C'ci ;iLlber~2.n, .°.ie ~.
and
Orange Gounty Board of Cornmissio~.ers
Ti=-is agree-ment is made and Enured into this ~ 3 ~~d2? of
.\ ~
, 1977, by and between Eic~. Sub~~:an, :i. D.,
~~ ;
lig~.~*•sE to practice medicine ir_ t'.a :Mate of l:ort?: Carolina,
'hereinafter rEfsrred to as t_ae Physician, ...nc. ~ e Crane Count
?.owrd of Commissioners, hereinafter xaferrea to as t'_^_E Cou :t;; .
wn consideration of the t1Tltllal pr C±~liSes, agree~~nts and uo.dsrta_jin;;s
harei.nafter set forth, it is hereof a~,reed as follo:rs=
1, she =hysician agrees to provide tre service of
readir.G and ~ nterpreti na a1l 70mm chest radi o~rap'rs taken and
processed by the Orange County Health Bepartmant, hereinafter -
r-(erred to as the Department.
2. The Department will provide the ?hysician a vie;~rer
by '::hi ch these radiographs nay be read.
3. The County vril.l pay the ,physician a fee of t::ro
thousand five hundred, dollars (;,2,500.00) ever;; three =r!Onths ~.n
et:chan;e for said scrvi.ccs, beginninb An~ust 9, 1977• The Physician
';;ill bill tl.e County- said fee at tie ueoinnin5 of each•tl.ree-month
pari od Burin,; ~•rllich said services are to bV : er_derad. The County
•arill pay said bill vtithin fifteen (15) days after receipt of sa.4a.
_.
^lhis i ; to c::rtify that on tili s day Nerso~~ally camp bzzore 11v
A~at';ia Joha:-on, wzth :°rhvm I am personally ac~_u..:ir_ted, atilo beir.~ ay r:,e
d:al; ,~~„or iz sa;;~s that ~:i chard ti7h~.tted is t~.e c-:air::+.ar_ o~° t_;e~ow7•d of
Co:~_aiSSio.lYxs for the Cour_ty of Gran;e anc'_ t.-at she, A~atila Jo'._nso ., iU
the Cleric to the ?;'oard of Comm~,ssion.ers for t'ce Cotin.ty of Oran;;e, a boc~;r
politic and corporate, described a.n and ti'lhi cif e~:ecutedL'r~e fore~oi?3;;
P4Z'eE~ierit~ filet skl,e >~7.0:'tS the CO}"~~pri seal OI said Count; Of v7'uTl~es
that the 82x1 affi:ced to Said instru^1zn.t is Said CO:^.~-0n 5ae.lj tha'c
tt.a na:::a of tiia Cotmt~- of Grange .,~..~ stJ:lsc?'i ~~d thereto l;y tho said
Cilair~;:a_i of tine Board of Com~lisszoners for ti_a Coanty of Orange a d
t'zat ti12 said C'_3a~?rmaa of ti=z 3os.rd of Co ~:aissioners for t_1e Count;; of
Gra~;~e and s~.id Cl.erii to the oz.rd of Co~:~:~ssia:lers for t_ie CouA:t;; of
G~c~.z: ~;•^ subse.-chard t'r_eir names thereto and Said co~.~on seal Y:as afzi-ced,
a~~. ~~;f Ord2r Of t~'!u ~O~rd Of CO:i?1SS~Oi18iS for th ° ~OL'iltjr OS Cra_1y;~, alld
t~a:t so.id instru^lznt is the act ai.d deed of said Cou^ty of Gran.~e.
'-:'it~.ess :,1y h ;ild and notarial seal, tills tiro ~ da;~ of
.-.
t.Ir~ r ~ ~.f 1977
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i_;% CO::1C;115n^i0i1 e+;71Y`eS \ ./.~.;..ti 1 r ~ rl
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c~. C'ro3t raai.ographic fi1M.~ to be 721ter~rete:L ~~~ t'_:a
a''.ysician, &`1c t'tLe acco~pan5ina xad4o~rap'_?1.G 'record cards, sb.all be
_, delivered by the Dep2rt~ent on ~;onday morninb of each rre;:lti. Radiographic
fil;:is and cards left t'ii't11 the Physician on a :~,onday shall h~.ue been r•^.d
(,.J.r, -~~~
by the x~hy sician a`zc~ '~
be prepared for picl~up b} the Department tre follorring i~;onday. 7i= th.~
event that Pionday ?'s a holiday, the above del~.very and uickup s..all o~;:ur
on the Tuesday ;.ollnt~iir_~.
5. Chest radioGranizie films shorrzn~ nar~a7. results t;il]_ ~,:
so noted by the Phys].Gian on the radiographic card. ?radiographic fil__t:.
shotrin; abnormaw results grill be cl~.pped and these xesults w~.ll be _~ot::d.
on the x-ray card by the Physiciar~. The Physician t~ril.I~ also i~r.;:~ediatel;
..~ ~ nOtlfy ti?e 1~epartfient by telephone Of a1y abnorAal results fOilnd ii1 t~~e
radi 05ra~P~C ii 1:10.
~. Tais a~'ree ~e-~t si:all continua and be birdir; for t_:s
_~eriod of August 1 , 1 977 t:zrough Oci.orer j7 ? 1 577, renet'rablc at ~r_:at
tide for tra t_.ree j-;aonth periods beginnin; i~ove:~ber 1 y 7 977, ~ e bruo.r~• 1 ,
~ 9~]a, and iay ~ ~ 7 978. nni6 a~ree_aent nay be ter~ti rated dLtr12'_,~ any t11 ~'~
1~onth period by "ritten consent of both parties, 9.?ici all ar.>uand:aerts
shall ue attached to ti.is agrea~aent and :7acie apart thereof.
7. ~ha.s abree~ent may ae termir_ated at tits and of a_xy
three month period by either party by giving r;ritten notice of intention
to tl:e atl.ar party at laast thirty (~C) days before the end of tl;e three
mont~,~ ~a~ex+o,d.
`~ _f.+' ;: ~". Co~.:nty of Cranae .,
. ~•-' C_:airna.n of ti.e '-~ ~~'~~` °f
Board of Cc~xssionarti
_- for t.e County of Orange
~D ail ~' :;OS:rG OS ~ a"?•..::? o•~~~: S ~
itic 1 ~ auper;na.n, rt.
~~ :;.
,.
^1~i is to GErt7 ~~ tllut or_ t1_is dad r~rsonallj- ca,ac ba~ore .:~_
ii C~: :.~:1bEr".i,9,11~ T."rho bei-sue 1;J :1E dul° SSiOS•na aCianO:'.'lEd;:;cri ti@ C.Lle L.:~'GU'.'~~ Or
of file ~oreGoin~~ instru~e:lt.
G~
:Iitnass :~;~ !land and notariwl seals this the ~ ,1 dad. of
~ ;,,;....,, ~ ~ 977
.+
~ :: e,e. e.e...,~ _ ~.s, .
~ .
q~~~N u ~ ~ ~ ~.»N~~
iiJ'~.O.:i iS6:.UTi E._~ireS h1Y Cemmissiap Expires March 2. 1982
~?lis i atru~,ent has been rreaudited i_1 t'r_P rn~ar_~lar r :RLl~Z'Ed
b;r tae Local ^ov~rnraent ~,udgEt and rascal Control pct.
~~ ~~
I~ranCe Officer Date
"3
. e5 .w '-
PUBT,IC PROCLAMATION
Pursuant to the pzovisivns of the ORDINANCE PitOVIDING FOR
'T'HE CONSERVATION OF iyATER DURING A WATER SHORTAGE ANU RES'T'RTCTIi
TF;E USE OF 6dAI'ER DURTYdG MORE SEVERE SHOR'T'AGES , T , Richard ~..
Whiffed, Chairman of the Board of Orange County Commissioners,
having been provided coith information that the water level of
University Lake has dropped to 343 feet (72 inches belat•J full) j
II do hereby issue this PUBLIC PROCLAMATION declaring to all
pezsons that a STAGE. III VdATER SHORTAGE DAi~GER is now in effect.
anal that the following water conservation restzictions are na:d
applicable.
FiENCEFORTiY, it shall be unlawful for any person, firm, or '
oarporation to use or permit the use of watex from the water
system within Orange County supplied thzough the Orange L4atez
and Sewer Authority fvz any of the following puzpvses or in any' '
I of the following ways:
~ _
1. To water or spx•inkle any lawn,
2. I'o water any vegetable garden or ornamental shrubs
except during the houzs between ~k p.m. and 8 p.m. an
Saturday.
3. Tv fill any swimming pool or replenish any filled
swimming pool except to the mininum essential far
operation.
4. Tv operate water-cooled air conditioners or other
~ equipment that does not recycle cooling water, except
i when the health and safely are adversely affected.
II! 5. To wash any motor vehiale including commercial washing.
6. To wash down outside areas such as sidewalks, patios,
oz driveways, or to use water for other similar purpo::::;..
7. Ta use or introduce water into any dec.arative fountain:.'
d
Y:INSTON• COLEMAN ~ pool ar pon _
& BERNH04Z
ATTORNEYS AT ~,~, I $ , To serve water in a public restaurant except upon ,
CHaP~'4 HILL. N. C:.
Y.ILL590R0UGH. N- G.
request.
~~ ~..;-
g, To use water far any unnecessary purpose or to intent--
. ~ Tonally waste water.
10_ To make any non-essential use of water for comm_rcial
or public use, and the use of single service plates ~
__
• and utensils is encouraged and recommended in
i
restaurants. '
i
In addition to t';-- foregoing mandatory restrictions, it is i
' recommended that all citizens of Orange County supplied through I 'I
the Orange Water and Sewer Authority and surrounding areas ~ '
observe all water conservation measures passable including the
following:
Use shower far bathing rather than bathtub and limit shower to
no more than four (4) minutes; limit flushing of toilets by
multiple usage; do not leave faucets running while shaving ar lyj
rinsing dashes; limit use of clothes washers and dishwashers
and when used, operate fully loaded; water shrubbery the minimum ~.
required; reusing household water when possible; do not caash
_._.
down outside areas such as sidewalks, patios, etc.; install
water flow restrictive devices in shower heads; use disposable
I
and biodegradable dishes; install water saving devices such as
bricks, plastic bottles, ar commercial units in toilet tanks;
limit hours of operation of watez cooled air conditioners,
i
reduce water supply line pressure to the minimum necessary for Y~,
effective operation of fixtures and equipment, and install ~
1 pressure reducing valves in facilities with high water pressure j
with a setting to limit supply pressure to the minimum necessary
!~ to operate the fixtures and equipment.
_ I This proclamation, and the restrictions imposed pursuant '
i
to it, shall be in effect until the Ordinance entitled "AN
ORDINANCE; PROVIDING FOR THE CONSERVATION OF WATER DURING A
i WATER SHORTAGE, AND RESTRICTING THE USE OF ti'dATER DURING A10RE:
y11N ETON, COI,.~MgN ~ SEVER SHORTAGES" is amended or repealed or until the Chairman,
u eeR;aHOLZ '
ATYORycYS AT LAw ~ by public Proclamation, declares that the Stage III tiJater
GHAwgL HtL4. tl_ G_ ~'
t11LL5QOAOLJ~H. ~~. C ~
!, Shortage RANGER is aver. ;
h
ii
ra :r
llny violations of the mandatory zestrictions set forth in
this Proclamation shall. constitute a misdemeanor punishable
upon conviction by a fine not 'to exceed FIFTY DOLLARS ($50.00),
or imprisonment not to exceed thirty (3D) days as provided by
G. 5. 14-~, ar by injunction as provided in G. S. 153A-123.
~/~ ,~
,~ / :%•~'
;~ ~
CHAIRMAN, ORANGES COUNTY BOARD OF
COMMISSIONERS
:•nNSron:, coLe~nc,N I~
a o~Rnr+o~z
wrror.ner~ nr Lnw
CMnPEL Hlll, fl. G. II
HH.452o5p uGW, 1., C.
II
.,1 . .
:vORTH CAROLINA
ORANGE COUN'T'Y
This AGREE_NIENT, made and entered into in duplicate original.
this the 1st day of August, 1977, by and between the COUNTY OF
ORANGE, hereinafter referred to as COUNTY, party of the fizst part,
and ORANGE WATER AND SE`vTER AUTHORITY, hereinafter referred to as
AUTHORITY, party of the second part;
W I T N E 5 S E T H:
That WHEREAS, the AUTHORITY owns and operates water facilities
serving customers in its service area in Chapel Hill, Carrboro,
and other areas of Orange County and parts of Durham County; and
WHEREAS, COUNTY owns a dam and lake known as Orange Fake
wherein it has impounded a public water supply; and
WHEREAS, during the past several months the rainfall in the
service area of the AUTHORITY has been so little as to cause a
drastic shortage in the public watex supply available to the
AUTHORITY for distzi.bution to and use of the people in the community
it serves, and such scarcity. of water has created a situation of
the magnitude which now threatens to be inimical to the public
health and welfare, and constitutes a clear emergency; and
WHEREAS, the AUTHORITY has requested the COUNTY to release
for its use certain amounts of water from .Orange Lake and COUNTX
is willing to do so upon the terms and conditions hereinafter
set forth.
NOW, THEREFORE, in consideration of One Aollar ($1.00) and
the benefits and detriments moving between the parties, and especially
in consideration of making a cooperative effort to alleviate the
hardship and the threats to public health and welfare caused by
the existing drought, the COUNTY and the AUTHORITX, for themselves,
.-- their successors and assigns, do mutually agree as follows:
1. Upon request of the AUTHORITY, the COUNTY
will release watez from Orange Lake either directly or
indirectly, as specified, for the exclusive use of the
AUTHORITY to be processed and treated by the faci'ities
of the AUTHORITY or under agreement between ~r ~ `-''aP.ITI
C~ r.i lJ
and another or others.
;.,
-z-
2. The COUNTY agrees to release and deliver to the
AUTHORITY a minimum of not less than two million g
~,,,;v
water for the duration of the emergency as determined
mutually by the AUTHDRITY and the COUNTY. There shall be __
no charge far any water furnished under this agreement.
3. Any daily quantity of water re~qu~ ted by the
AUTHORITY in excess of two million gpd~s~ all, as to such
y-
excess, be subject to approval by the County ~~lanager of
COUNTY from time to time as the requests are made, and
such approval shall not be unreasonably withheld.
4. This agreement shall be in full force and effect
during the period of the water shortage and the emergency
resulting therefrom, the termination date of which shall be
mutually determined by the AUTHORITY and the COUNTY.
5. The COUNTY does hereby fully authorize the AUTHORITY
to locate, construct, and install within, along, and under
public roads and rights of way its pipelines and such appurtenances
connected therewith as may be required to properly deliver such
water through said pipelines to such point as the AUTHORITY may
select fior treatment and distribution through its public water
utility system; Provided, however, that the AUTHORITY will obtain
the right of encroachment within and upon any highway which is
under the control of the N. C. Department of Transportation such
permits and encroachment agreements as may be required by such
Department; and, Provided, further, that the AUTHORITY will at
its own expense promptly replace, repair, and restore all areas of
excavations and paving cuts to the standards required by the N. C,
Department of Transportation, and will relieve the COUNTY from any
obligation to make any of such repairs or restoration.
6. The COUNTY shall have no obligation to expend any funds
for the construction of pipelines, installation of meters, treatment
facilities, or any other segments of a water treatment and distribution
system, and its delivery of water from Orange Lake to the exclusive use
of the AUTHORITY as herein provided shall constitute its total obligation
hereunder. .
F~
-3-
7. All pipelines and appurtenances thereto and any
and all other apparatus and facilities which may be installed
or constructed by the AUTHORITY shall remain the sole property
of the AUTHORITY and subject to its exclusive regulation, operation,
and use.
8. This agreement is subject to review by the parties
r
hereto at least once in each twelve month period as to the
allocation of the public water supply, the first such review
to be not before Marco 1, 1978.
IN TESTIMONY WHEREOF, bath the COU''TY and the AUTHORITY have caused
this agreement to be executed by their respective officials and their respective
official seals to be affixed by authority of their respective governing Boards,
all as of the day and year first above written.
5- .•,
,~} .'.
? COUNTY OF ORANGE
;,' _ ~_'
-. t _
ATTEST: ~ Chairman, Board of County Commissioners
~..
d~-
C~ en-fz
ORANGE WATER AND SEWER AUTHORITY
• . ,..~
t, ~ ~, _,
,~;_>; ~ ~~ATTEST: Chair an
;~
sec tary
NORTH CAROLINA
'- ORANGE COUNTY
~~ ~
I, ;~,~ ~,~~,, ;~ '••,! .~~~. ~.i a Notary Public in and for the
aforesaid Count} apd'State do hereby certify that on this day personally appeared
before me q ,with r~hom I am personally acquainted,
who, being by me duly sworn, says that he is CQexk and that
Richa~cd Gld~.i~ed is Chairman of the Board o~ County Commissioners of range
Caua•t~;ruhich executed the foregoing Agreement; that he knows the comrr~n seal of said
>>=Bd`a'rtif;:•~nat-the seal affixed to said instrument is said common seal; that the name of
':`tha•6gard..was subscribed hereto by the said Chairman, and that the said Chairman and
;~''~~:"~-=.o ~ subscribed their names thereto, and said common seal was affixed, ail by
-:~-`order:a tea 'Board of County Commissioners duly given; and said instrument is the act :.:~?
de~d~af •~T,;d=Board.
.,
~?j:•• • ~_,:W:S? ess my hand and notarial seal, this f 'day of August, 1977. >
• y~ 1 f,
My~ Commission exai res: ~ i .~i..c',1 ~`-~. ~,..G~r.
1. .,v jun. `C`Nota~y Pub~c
_~_
NORTH CAROT~ZNr~
ORA~Gy COu'i`irTY/~
I ~ ~f! ,," h.~ ., ~.~;;~,,u a Rotary Public in and 'faz
the aforesai /County and Stata, do hereby certify that- on this
day personally appeared before me ROBERT EP'-'ING with wham I am
personally acquainted, who, being by me duly s~•rorn, says what he
is Secretary and that PAUI, IC. MORRIS is Chairman of Ox'~~?7GE L•7ATER
ANO SESPER AliT:30RITX, the Authority vaned taithiri and whici~
executed the foregoing Agreement; that he knows the common seal
or said corporation; that the seal affixed to said instrument is
said car~.man seal; that the name of the Authority was subscribed
thereto by the said Chairman, and that the said Chairman and
Secretary subscribed their names thereto, and said common seal
was affixed, all by order of its governing body duly given; and
said instrument is the act and deed of said Aut-h~ority.
F7itness. my hand and notarial. seal, this ~--~- day of
August, 1977:. '
`~., ~7
Rotary Public T
My commission expires:
~aN ~cmml;sfan s::Ni'~ yat~m~i 31, 1581,
~~ ~~~ ~s r ~•i
•'~ sew .g
~`~ CQF9~~'~
~:,~, -
ry ~
eJ !d i
RESDLUT7DN OF CD;tL+AENDA7IDN
FDR
DR. CHARLES KNDX ,t{ARTTN, JR.
[UNFREAS, ~h. Chau2es K. hlaht.Ln, Jn.., came ~a Ouange Couvitj tin Ju.Qy )973 fvi:~c a dv~-
~f:ngui,~5shed necotd a9 accamp.2.i~hmen~a as an educa~oh and human.ita.`f.~ai2, and
GIHEREAS, Drc. Chatrees K. ,tlau~n waa appointed Executive Tzitec~ou. of DtangeCacuifij
Caune.i.~ on Ag.~ng on Septembeu. 1, 1973, and
WHEREAS, Dn JuZy 1, 1974, unde/c ~1ce aupenv.ia.~on ab bn. Ch~e3 K. Ma~fli,n, ~)ce
Duange County Caunci.2 an Ag.Lng menged with the Chapel flce.P, Counei.2. an
Ag.cng ~'hexeby pnov.%dirtg .the e.2delr.2.y county-wade w-c~h benv~.cer5 hvcn.~oba~ce
nod ava.i.ea6.Ze, and
WNE'REAS, 17uuing the tenuxe o5 Dn, pdcvf~ix, e.2even Sen.~o~c C.i~izenb C.Zu6a have 62ere
atgani.zed, a ~artispauta~i.on ayh~em p.~tviced and .cmp.~emented, and many
o~hen p+f.ognams .Lvu~icfted, a.e.Q developed bo~c the exp~ceaa pcvcpa~e ab .im-
pnoving the qua.P.<~y ob ~6e ob aun aen.ian ei~i.zena.
NDU1, T+lEREFDRE, 8E TT RESDLVFD ~Fcat the Orange County 8oa~fd ab Comm,i.ae.Laneu,a rcecog~
n.Czeb the canae,ien~ocus wouFz ob fin. Mau~,Ln. and ~alzed ~h.%a appofftu~tiity
dough .itd membeu.b, R.tchaxd Whetted, Nauman Gws~avedan, Jan Pinney
Nauman [Valf~en, and ~anaZd G].c.~.Cha.it ~a expne~sa ~a T)ic. Chan.Q.ed K. ~tlautin, Jh.,
~h.e.uc b~i.viceeu.e appueci.a#.%an and deep gnati tulle bon hf:.s ~a.i~h~u.Z ae~cv~.ce ~a
Ona~lge County, and w.Lahe.s ~o h,Lm and hia bam.i.~.y every hanp.Lne.~e .cn the
yecvch ~a came.
- Let a copy ab ~mi.a neao.erLt,~on be rytehented ~o the aa~.d ~~. Chcuf.~eh Knnx
Mczn~i.n, Ju., and the neao.Zuti.on 6e apuead upon the -n~nuteJ~ ob
mee~ng, ~h-i.a the 16~ day ab Auguo~, 7977.
7 f _ _.
~~
77inhnltrl ~ fllHittnrl P'f.nilamnev
~~~~~~
Nauman Gu.6~aveban-
~), ; ' ~ ~
;, ~ ~-
''Nauman Ulal' fzen
~ Jan Pinney
1Jana.Zd W.i.~.Lca.i
~,, ~ :,-.
~ ,.,
PEi1T1.01T i0 E~LI~RGE RT.TRAL FIiiE DIS^i?:.C,^ .
~ _~
Ta the Coi:~.missioners of 'r;-i.~'ti-si1~. ~/'r-'~~ Rural Fire rJistrict:
~~ ~)
~f Pursuan.t ko the provisions oz Section 69-Z 5.11 of thc. General
I
~! Statutes of North Carolina `wae uzzdersigned petition the commissioael•s of
,~ fire district to increase the area o_ ~s.id _:ir
I I ~~~ ~ ~ ~~J ~~ f '
i district so as to include all of the property of k]aA u~•~:;.ersic~c,ed petitioners
which adjoins the said fire district,
'T'his the ~,;.~/~~day of/ ~-~r,~~- l9 j' ~. I
`~"
,.. ,i,.ti~'', ,~ 7 ~, .ti,... ~ - .~'..~
_._...I
...,.. qfA E CHESHI7E I!
..~-~..=.nEr5 AT LA~x If
M!:LS.LR~LLH. N. C. II
f
tIII
II
II
~I
~~
If
t
We the duly appoi~,ked and acting corr~rnissianers of
I
fire distz~ick do wa.animously recommend that said fire district be increased
so as to include the property of the above property owners w7iich ad.j ;i.ns sai.~.._ ,'
fixe districk. !
tt ~
_. _. This the P day of ~,y~-;~.~-~ , 19 / j
I `'
. ~ /,~
r~C~~ ~/
~~~~~ _.~
u ~~
~~ a~~.
i