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HomeMy WebLinkAboutMinutes - 19771003n~,- ~, MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS OCTOBER 3, 1977 The Orange County Hoard of Commissioners met in regular session on Monday, October 3, 1977, at 10:00 a. m., in the Commissioners' Room of the 'Courthouse in Hillsborough. -.. Present were Chairman Richard Whitted, Commissioners Norman Gustaveson, Jan Pinney, Norman Walker, and Donald Willhoit. Staff personnel present were 5. P4. Gattis, County Manager, Neal Evans, County Finance Officer, Agatha Johnson, Clerk to the Board, and Geoffrey Gledhill, County Attorney. Chairman Tahitted opened the meeting by referring to Ttem 1: Persons not on this agenda having business to transact with t1~e Board of Commis- sioners should make their presence known in order that an appropriate time for them to be heard might be arranged. The Chairman stated that he would like to bring to the Board's atten- tion the Governor's Conference on Balanced Growth and Economic Development and a Resolution regarding the I-40 Issue. Commissioner Gustaveson asked that a review of the proposed Human Services Conference be made and also he had a road matter to present to the Board. Mr. Whitted referred to Item 5: A Public Hearing to consider a Final Assessment Resolution implementing the Colonial Hi.11s Participating Paving project has been set at 10:00 a.m. today. He stated that this is the time for the advertised public hearing. The County Attorney presented to the Board the Final Assessment Resolu- tion which he stated defined the scope of the proposed project and the basis for assessment to property owners. One change in the Final Resolu- tion from the Preliminary Resolution is that any assessment not paid in full shall be paid in 5 equal installments viith the first such installment, due 60 days after the date that the Assessment Roll is confirmed, which will probably be April or May of 1978. The Chairman asked if there were those present who wished to speak in opposition to the paving of roads in this project. James O. Stutts, who owns property on Kennedy Circle in the Colonial Hills Subdivision, informed the Board of a drainage problem which exist on his property. He asked that this problem be worked out by the Department of Transportation before paving begins. The Clerk was instructed to contact Mx. Jones, District Engineer, and request that he and Mr. Stutts inspect this area of Kennedy Circle. Mrs. Charles King informed the Board of a conversation with Mr. Jones regarding when the paving of these roads might be started. The County Manager stated that from his conversation with Mr. Jones, he had learned that the Hoard of Transportation must approve the project before it can begin, and the next meeting of the Board is October 25, 1977. The Department of Transportation. must then go through a purchase and acc?ui- sition procedure. Paving cannot begin until these matters are taken care _ of. He stated that the normal paving season for the Department is usually between April and November, and if construction i.s started this Fall, there is a possibility that the roads may not be completed until next Sprint, thus the residents of the area would suffer dire consequence during the Winter months. Mr. Gattis added that it looked as if next Spring would be the best time to start this paving. Willie Laws, a resident of the Colonial Hills area stated that work was done on the Piney Grove Church Road last Fall and the road was stabl- ized before bad weather started. Discussion ensued as to whether or not to issue a check to Mr. Jones to begin construction of these roads. The Chairman explained that as soon as a check is sent to Mr. Jones, this would trigger an assessment of the ~, ~-, ,_ ~, ,~ .~ property owners, and if the work on the roads is delayed, people would be paying ahead before the work is completed. The County Manager left the meeting at this time to call Mr. Jones in Graham regarding the best procedure to follow. Mrs. Iii.ng asked of the cost of the assessment. The Gounty Attorney stated that the cost of the paving is based on the area of each lot, and not on the front footage of the road. He stated that there were some lots on the roads which had na front footage at all, and some lots had an excessive amount of front footage. To have an equitable assessment, the charge must be on the area of each lot. The Chairman asked if anyone else withed to speak at this public hearing. No one came forth, and the Chairman declared the public hearing concluded. Ben Lloyd asked if he could address the Board. The Commissioners decided to hear Mr. Lleyd at this time. Mr. Lloyd asked the Chairman if a meeting had been scheduled with Mr. Gattis of the State Personnel Office to discuss salaries. Chairman ri~hitted stated that a meeting had npt been scheduled. Mr. Lloyd asked that a meeting be scheduled for the next meeting of the Board. The Chairman stated that Mr. Lloyd would be notified of the date of the meeting at which State Personnel people would be in attendance. Item 2: Minutes of the Board meeting held September Z0, 1977 are submitted for consideration. Upon motion of Commissioner Pinney, seconded by Commissioenr Gustaveson, _ it was moved and adopted to approve•the September 20, 1977 minutes. Item 3: Mr. Paul Lee will petition the Board for exemption from County Peddlers License requirements. The agenda attachment stated that the County Commissioners may exempt from the peddler's license tax: (1) Disabled veterans of the Spanish-American War, World Wars I and IS, who are bona fide residents of the State for 12 or more months, and (2) the blind who have been bona fide residents of the State for 12 months and (3) widows with dependent children. Mr. Lee was not present in the meeting at this time. Chairman Whitted asked that the Board make an appointment to the Energy Committee for the O'oint Orange-Chatham Community Action Boa~±d. Since Commissioner Willhoit had replaced Chairman Whitted on this Board, Mr. Whitted recommended Commissioner Willhoit be named to the Energy Committee . Upon motion of Commissioner Gustaveson, seconded by Commissioner Pinney, it was moved and adopted that Commissioner Willhoit be appointed to the Energy Board for JOCCA. a Regarding Item 3: Mr. Paul Lee appeared before the Board and stated that he had made other arrangements. Item 4: The Manager recommends a budget amendment to prrovide funds necessary to complete the Morgan Creek Hills Participating•Pava.ng Project be approved. ,. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson, it was moved and adopted to approve the budget amendment to provide funds to complete the Morgan Creek Hi11s Participating Paving Project. For copy of budget amendment see page 3$,5,7 of this book. Item 6: The Manager recommends adoption of the Final Assessment Resolution considered in the Public Hearing implementing the Colonial Hills Participating Paving Project, which had just been concluded, with ~, ~r .y, one modification, that the first assessment installment become due 60 days C after the final confirmation of the Assessment Roll. Upon motion of Commissioner Gustaveson, seconded by Commissioner' Pinney, the Final Assessment Resolution was adopted with the one modifica- tion that the first assessment installment become due 60 days after the final confirmation of the Assessment Roll. For copy of Final Assessment Resolution, see page 3g5K of this book, The County Manager reported to the Board his conversation with Mr. ... Jones, District Engineer, regarding when construction of the roads in the Colonial Hills Subdivision can begin. In Mr. Jones' opinion, construction should not start until next Spring. At that time, Mr. Jones has stated, - the Colonial Hills project will be very high on the Department of Trans- portation's priority list. Mr. Gatos stated that he had explained the situation to those residents of Colonial Hills, who were present for the public hearing. He added that a check for the County's portion would be sent to DOT at the end of February, 197$, for construction in the Spring. Item 7: The County Attorney will present a Petition for Paving under the Participating Paving Program for the Morgan Creek Hills Subdivision. The County Attorney presented the petition to the Clerk, and stated that the petition had been verified. Item 8: The County Attorney will present a Preliminary Assessment Resolution for the paving project proposed in Agenda Item 7. The County Attorney presented the Resolutien to the Chairman and stated that if this resolution is adopted, this would set up a public hearing for October 18, 1977, and that he had learned from Mr. Francisco that he plans to have with him on October 18th, all the checks for cash payment for presentation. This action is on schedule for the November 1, 1977, deadline previously discussed. Upon motion of Commissioner Pinney, seconded by Commissioner Gustaveson it was moved and adopted to approve the Preliminary Assessment Resolution for the paving project for the Morgan Creek Hills Subdivision. For copy of Preliminary Assessment Resolution, see page 385N of this book. Item 9: Commissioner Gustaveson will review a proposal for a County- wide Planning Council and request Board action on this proposal. Mr. Gustaveson stated that the recommendation for a Countywide Planning Council grew out of the Growth pptions Conference of .1975, and had been discussed by the Intergovernmental Task Force's Committee on Planning. He referred to an agreement which had been drawn up under General Statutes which defined the kinds of legal basis for a long range Planning Council. Mr. Gustaveson added that the County, Chapel Hi11 and Garrboro had been involved in the Subcommittee on Planning's discussions, but that Hillsborough had chosen not to participate. He asked that the item be deferred until the October.l8th meeting to allow the County Attorney time to study the agreement. Commissioner Pinney asked the cost of such a Planning Council. Gommissione'r Gustaveson stated that the original document stated that Region J would provide the professional staff needed, there would be some services provided by the local planning department. Mr. Pinney asked that the requirement of a staff be investigated as well as the cost to the County if staff is not provided. This item wall appear on the October 18, 1977 agenda. Item 10: The Chairman and Manager will review a proposal from the Chapel Hill Housing Authority tc locate their Administration Service Build- ing on the Northside School Property. "Chairman Whitted stated that he had talked with Al Stevenson, Director of the Chapel Hill Housing Authority, and had been informed by him of a grant the Housing Authority had received from HUD to construct an Admini- stration Building. The Chairman stated that the Northside School property is the most desirable for this construction. The Housing Authority would like to be in a position to request from the Board of Commissioners ~:,-. ~:~ permission to use the Northside property. G~Thatever is done at the Northside site, there will be a need to modify the Special Use Permit granted by the Town of Ghapel Hill. The Housing Authority needs 3500 squax'e feet of space and wants the Board's authorization to proceed with the procedures to obtain ar modify the Special Use Permit. Time and the financial position are factors to be considered. The Housing Authority has until January, 1978 to find a site and the grant does not allow enough money to buy property. Commissioner Gustaveson stated he felt a mini-feasibility study of the Northside School property should be undertaken. He stated that he felt it had been the Board's intention to eventually locate the Chapel Hill Social Service Office and the Chapel Hill Health Department in the Northside area. Commissioner Walker stated to the Board that he did not want to be involved in any of the matters which relates to the Northside School pro- perty, since he believes the property was illegally acquired. Chairman Whitted stated that the County Attorneys had prepared a deed of conveyance transferring the property from the Chapel Hill School Board to Orange County. Title Insurance has also been purchased. The restric- tion to the deed now is that the site be used for public purposes. Commissioner Finney stated that he felt a recreation area should be considered within the Northside complex. The County Manager informed the Board that James Webb, architect for the Northside property, would be at the meeting later in the day. The Board agreed to discuss this item further when Mr. Webb is present. Chairman Whitted presented to the Board a road petition for paving of State Road 1335. The Clerk was instructed to forward the petition to the District Engineer in Graham. Other road matters brought to the Board's attention were the need for maintenance on State Road 1512 in Cedar Grove Township, Arboretum Drive in Chapel Hill Township needs maintenance and it should be deter- mined whether or not Arboretum Drive is a State Road or a subdivision road. Mr. Walker informed the Board that the Norman Walker read was in need of maintenance. Commissioner Gustaveson stated that since the repaving of Farrington Road, the shoulders were too high which created a dangerous condition. upon motion of Commissioner Pinney, seconded by Commissioner Walker, it was adopted that Mr. ,zones be contacted concerning these road matters. The Board adjourned for lunch. Following lunch, Commissioner Walker informed the Board that he had talked with a member of the Hillsborough Town Board and had been told that the Board had not known of the request from the County Board for partici- pation in the Countywide Planning Council'. P1r. Walker asked the Clerk to the Board to sent letters to each member of the Hillsborough Town Boax!d asking their participation on the Planning Council. Chairman Whitted referred to Item 11: Matters relating to Interstate Highway 40. A. The Chairman will report on the proceedings of the Cealition Opposing Interstate 40. Chairman Whitted stated that from correspondence to and from Governor Hunt, it appeared that the Governor feels the decision to use the I-B alternate for I-40 was properly considered by the Board of Trans- portation. The procedure now is to conduct public hearings regarding the design of the corridor of I-40. He added the task force is meeting weekly and is proceeding to secure necessary information regarding T-40 through the County. B. Will the Board of Commissioners authorize the County Attorney to take whatever action he feels necessary to enable Orange County to oppose the location of interstate 40? ~_~.~ Commissioner Walker stated he felt the County should get involved with the design of 2-40 since the alternate hacl been decided upon. Chairman Whitted stated his position was in opposition to T-B Alternate in Orange County, and he would be opposed to getting involved with any rie- sign of 2-40 through, Orange County. The Chairman read a resolution which authorized the County Attorney to take whatever steps necessary, including appropriate court action in opposition to the decision of the Board of Transportation concerning the construction of Alternate 2-B. Commissioner Gustaveson moved that the Resolution be adopted, and Commissioner Willhoit seconded the motion. Discussion ensued. Commissioner Gustaveson stated that it should be clear that the Resolution is speaking of I-40 and that improvement of Highway 86 or Highway S.4 is not spoken of here. The Chairman called for the vote and voting aye were Commissioners Gustaveson, Pinney, Whitted and Willhoit. Voting nay was Commissioner Walker. The motion was declared passed. For copy of Resolution see page 385T of this book. Item 12: The Planning Staff will report activities of th.e various Township Planning Councils since the last meeting of the Board. James Belk from the Planning Staff stated that a second meeting had been held in Eno Township on September 8. The Cheeks Advisory Council met for the second time on September 13. Bingham Township h.elc? its fourth. meeting on September 15. During September, initial meetings were held in Cedar Grove, Little River and Chapel Hill Townships. Meetings are planned for all seven townships during the month of October. Item- l3: The Planning Staff will submit a report of subdivision and construction activity during the month of September, Ervin Dobson, Planning Director, informed the Board that during the month of September, there was a subdivision of 130 acres into 130 lots in six townships. He added that 88 building permits were granted from his department. The gap mf information, regarding subdivision and construction activity for the months June to September will be provided to the Boa~!d. Mr. Dobson stated that arrangements had been made for the October 4th. public hearing in Chapel Hill. The Board agreed that the. Chapel Hi11 Plan- : ping Director and the County Planning Director should make a brie.£ presenta- tion prior to the meeting being opened for public input. Item 14: Some Board members have asked the Chairman to consir~er a third regular meeting each month. Will the Board initiate this policy? Commissioner Gustaveson stated that one reason for another meeting would be to take care of the backlog of items which.needed additional dis- cussion, and this can be done within the £ramewprk of a regular meeting. Commissioner Walker and Pinney spoke against another meeting. Commissioner Willhoit moved that a third regular meeting be scheduled, Commissioner Gustaveson seconded the motion. Commissioner Pinney stated he felt an additional meeting should be called and not scheduled now. He then called for th.e question. The Chairman called for the vote. Voting aye were Commissioners Gustaveson, Whitted and [aillhoit. Voting nay were Commissioners P~.nney and Walker. The motion was declared passed. Upon motion of Commissioner Gustaveson, seconded by Commissioner [4illhoit, the fourth Monday evening of each month at 7:30 p.m. was scheduled as the third regular meeting for the Board of Commissioners. Item 17: A hearing to allow representatives of Medical Research ~ (~~ Cv V Lt Properties, Inc., to appeal the decision of the Tax Supervisor to tax certain properties titled in their name. The Honorable David Rooks will represent Qrange County at this hearing. The Tax Supervisory, Bill Laws, stated that he and representatives of Medical Research Properties, Inc. had met and no decision had been reached. Mr. David Rooks, of the County Attorney's office, stated that Medical Re- search Properties, Inc. holds title to three pieces of property in Chapel Hill that are used by the University. The Tax Office has discovered the property for taxes due dating back to 1972. Jack t4alker, Attorney for Medical Research, stated that the State and not the Corporation is the actual owner of the property and that it is tax exempted. Medical Research Properties is a non-profit corporation without shareholders or members. Its officers volunteered to serve and it "exists solely at the convenience-of the University o~ North Carolina and the State of North Carolina." The Corporation holds title to the pro- perty and received financing for the buildings. The University pays rent to the corporation in the exact amount of the mortgage payment. When the mortgage is paid, the title will be returned to the State, according to Mr. t9alker. Mr. Rooks argued that the "title is in Medical Research Properties, Inc. They are clearly the legal title holder and not excluded" from tax paying responsibility. He added that the Tax Supervisor must base his discoveries on the legal title holder of property. To search out the "equitable owner would be an intolerable burden". The Tax Supervisory pointed out that an application for tax exemption has not been filed by Medical Research Properties, Inc. or the University. Discussion ensued among members of the Board. Commissioner t7alker stated that he felt the matter needed to be given more thought:. Commissioner Pinney moved that the decision of the Tax Supervisory be upheld and that the appeal be denied. This motion was seconded by Commissioner Gustaveson. Further discussion ensued. Commissioner Willhoit moved that this item be tabled to get further indication of the complications. Commissioner t~7alker seconded the motion. The Chairman called for the vote on Mr. taillhoit's motion. Voting aye were Commissioners Willhoit, Whitted, and t9alker. Voting nay Were Commissioner Pinney and Gustaveson. The motion was declared passdd. Mr. Rooks asked the Board what cruestions could he answer to clarify the tax appeal. He added that there were some facts regarding the appeal which should appropriately be discussed in executive session. Commissioner Willhoit then. moved that the Board go into executive session. Discussion ensued. P'[r. Rooks stated that the basis for pursuing a discovery is to learn who owns the property. The Chairman declared -'Ir. Willhoit's motion died for lack of a Second. Commissioner tillhoit stated that he would like to know more about this matter as he questioned whether or not it would be worth the effort to pursue the matter further. Commissioner Gustaveson stated he felt the Board should follow the advise of the County Attorney and the recommendation of the Tax Supervisor. Mr. Willhoit then moved that the original motion of Commissioner Pinney be reconsidered. Commissioner T.~Thitted seconded the motion. Voting aye were Commissioners Gustaveson, Pinney, ~ahitted and t^Iillhoit. Commissioner Walker voted nay. The motion was declared passed, The Chairman repeated the motion of Commissioner Pinney that the Tax Supervisor's recommendation be upheld and the appeal be denied for Medical Research Properties, rnc. ~, ~~ Voting aye on this motion were Commissioners Whitted, Gustaveson, Pinney and Willhoit. Voting nay was Commissioner Walker. The mata.on was declared passed. Upon motion of Commissioner Gustaveson, seconded by Commissioner Willhoit, it was moved and adopted to go into executive session to dis- cuss matters regarding pending tax appeals. -Executive session ensued. Item 15: Mr. James Webb, Architect for the Northside Project, will review a proposed change order relating to modification of windows. The Chairman recognized James Webb. Mr. Webb stated that he had come • to the Board to request consideration of two energy saving measures at the Northside School site. One measure is to install "cool shade" screens to deflect the summer sun and reduce heat gain. This would effect an appreci- able energy saving for summer cooling loads. The proposed change order pro- vides for the removal a~ all the old steel sash and the installation of high quality insulating aluminum sash, which would provide an effective thermal barrier in contract to the existing steel sash. Mr. Webb stated that with the implementation of these two measures, one could expect a total reduction in annual average energy demand of some 15 to 18 percent. The total cost for th9.s substitution if $14,016.00. The County Manager stated that he was concerned about the overall economic of the project. The day hospital has already been cut out and there was a possibility that if we cculd accumulate some monies, some work could be started on the day hospital. He added that this project could be faced with some possible overruns and the Board should look at more than one thing. There is presently about a $7,p00 contingency fund in the Northside Building fund, and $3,500 of this cannot be used. Commissioner Gustaveson stated that he felt the thereto efficiency would pay for itself in the future. Commissioner Willhoit moved that the Board accept the recommendation to add the two energy saving measures. Commissioner Gustaveson seconded the motion. Voting aye on the motion were Commissioner Gustaveson, Pinney, Whitted and Willhoit. Voting nay was Commissioner Walker. The motion was declared passed. The Finance Officer and the County Manager were requested tp make a recommendation to the Board concerning the source of the $14,016. Chairman Whitted explained to Mr. Webb that the County has received a proposal from the Chapel xill Housing Authority concerning the passibility of acquiring 3500 square feet of space within the Northside School Complex. The Chairman asked Mr. Webb to perform a mini-feasibility study to determine how much additional construction can be put on that site. Mr. Webb stated that he would be glad to perform such a study. Item 16: Dr. James Luetze, Chairman of the Advisory Councils of the Durham-Orange Employment and Training Consortium, will outline the proposed program of his group for the coming year. The Chairman recognized Dr. Luetz and L. G. holloman of the Consortium. Dr..Luetze presented to the Board a summary of projected activities for October 1, 1977 through September 30, 197$, He stated that the Durham- . Orange Employment and Training Program plans to serve 1,014 persons in Title I activities during the fiscal year that began October 1. The cost will be $1,299,698. This includes $1,228,168 in a new allocation from Title I of the Comprehensive Employment and Training Act and $71,530 in funds being carried over from the fiscal year just ended. As in the past, approximately 30 percent of the funds will be spent an participants coming from Orange County and 70 percent will go to Durham County participants. Dr. Leutze reviewed with the Board a breakdown of the programs offered through the Employment and Training Consortium for the coming year and a comparison for the period of October, 1976 to June, 1977. Mr. Holloman stated that the Consortium could serve an increased number of people if the monies were available. He expressed his appreciation to the Chairman of the Berard for his interest and help on the Consortium's Advisory Council. s"~ ; ~ i u' ~: ~. Item 18: One vacancy exists on the County Jury Commission. The Chairman informed the Board that Ms. Charlotte Adams had declined to serve a second term on the Jury Commission. He offered the name of Ruth Long as a nominee to the Commission. Upon motion of Commissioner Willhoit, seconded by Commissioner Gustaveson, it was moved and unanimously adopted that Ruth Long be named to the Orange County Jury Commission. Item 19: The Staff will deliver a progress report on the County's Energy Conservation Program. Chairman Whitted recognized Joe Bradshaw, Administrative Assistant. Mr. Bradshaw informed the Board that a budget had been drawn using the County's and Chapel Hill's resources for the Energy Project. The local funding for this program will be on a performance contract by which the County receives an hourly rate charge from the Town of Chapel Hill for services. The County will be responsible for all administration. The Department of Commerce in Raleigh has informed the County that the Grant has been approved, however, the official amount is not known. Interviewing for this position will take place shortly after the 15th of October. It is hoped that the position will be filled by November 1, 1977. One major qualification of the candidates for this position is that this person be able to make recommendations concerning energy efficiency in the existing county buildings. Item 20: Petitions for Rezoning A. The J. H. H. Corporation has requested the Board reconsider rezoning of a tract on the west side of Smith Level Road from Residentiial to General Commercial. The Chairman recognized Eddie Kirk of the County Planning Staff. Mr. Kirk explained that this tract was located partly in the Carrboro Planning jurisdiction, part is on the Chatham County line, and part is under the County's planning jurisdiction. The Carrboro portion is proposed to be zoned Unified Business Development. The rezoning request previously came before the Board and the consideration at that time was the availability of sewer for the area. The agenda attachment, letter from the Chief Engineer for the Orange Water and Sewer Authority, stated that under the Sewer Allocation Policy, sewer capacity (5,000 gallons per day) will be available in either 1978 or 1979 assuming that all the requirements pur- suant to the Allocation Policy are met. Also, the allocations are assigned on a first come, first serve basis. Mr. Hazard, stated that Carrboro's portion of this tract would go before the Board of Aldermen at their next meeting for approval. Commissioner Willhoit stated that he perferred to wait until Carrboro had acted on their portion. Mr. Hazard stated that J.H.H. could not go to Carrboro with their request until the land was rezoned. Commissioner Walker moved that the rezoning request of J.H.H. Corpora- tion be granted from Residential to General Commercial. Commissioner Pinney seconded the motion. The Chairman asked if there was further discussin, and hearing none he called for the vote. Voting aye were Commissioners Gustaveson, Pinney, Walker and Whitted. Voting nay was Commissioner Willhoit. The motion was declared passed. B. The Planning Board unanimously recommends the request of Raymond Williams to rezone a tract on N. C. 86 from Residential to General Commercial be approved. Mr. Kirk stated that this property is located near the Blackwood Station area and is a 1.15 acre tract. The tract is adjoined by a grave yard, mobile home park, the Farm House, which is a general commercial zoned tract, and :there are several houses in the area. Commissioner Walker stated that since the Planning Board had un- animously recommended this request be granted, he would move that this tract be rezoned from Residential to General Commercial. Commissioner Pinney seconded the motion. ~, :~-; ~ ~ ~. Commissioner Willhoit stated that one of the issues which was brought out at the Planning Board's meeting was from conversation with neighbors in the area, some neighbors had spoke about paint fumes in the area. He added that he felt it had been established that this area is generally residential. Raymond Williams stated that he had received na complaints from any of the neighbors, but that this complaint was stated by Commissioner Willhoit. Commissioner Walker called far the question. The Chairman called for a vote on the motion. Voting aye were Commissioner Walker and Pinney. Voting nay were Commissioner Gustaveson, Whitted and Willhoit. The Chairman declared the motion failed. The Chairman asked the Board to go again to I-40 discussion. He presented to the Board a Resolution which had been recommended by Mr. Thomas Schoenbaum, concerning the 4-F secion of the Highway Administration's program, which deals with publicly owned land. Chairman Witted read the Resolution entitled Resolution concerning the Local Significance of Duke Forest. He stated that Mr. Schoenbaum recom- mended that the Resolution be forwarded to Brock Adams, Secretary of Transportation and to the Regional Federal Highway's Administrator in Atlanta, Georgia. He added that the Secretary of Transportation in Washington must approve this proposed I-40 Highway. Upon motion of Commissioner Gustaveson, seconded by Commissioner Pinney, it was moved and adopted that the Resolution regarding Duke Forest be approved and forwarded to the aforementioned persons. "WHEREAS Several division of the Duke Forest, which is owned and managed by Duke University for the benefit of the general public, are located in Orange County, North Carolina; and ` WHEREAS the lands and waters of the aforesaid divisions of Duke _ Forest are used by citizens of Orange County, the State of North Carolina and the United States for education, research recreation and the observation of nature and wildlife; and WHEREAS the lands and waters of those aforesaid divisions of the Duke Forest are irreplaceable natural areas whidh preserve the flora and fauna native to Orange County and the North Carolina Piedmont. IT IS HEREBY RESOLVED by the Board of County Commissioners of Orange County that such portions of Duke Forest that are within Orange County axe' recreational and wildlife areas of local significance as well as nature History sites of local signifi- cance and importance." Commissioner Gustaveson reviewed with the Board the plans for the County Human Services Conference of October 28 and 29, and which will be held at the Chapel Hill High School in Chapel Hall. Chairman TiVhitted informed the Board of the Governor's Balanced Growth and Economic Development Conference which has been confirmed for Wednesday, November 2, 1977 at Orange High School. This Conference will begin at 4:30 p.m., and a dutch meal will be served. The Conference is opened to the genera], public. The County Manager stated that a Contract needed to be signed by the Chairman for the Communications Equipment of EMS, The Contract does have one modification in that the microwave equipment has been taken out, . ... This Contract will reduce the total expenditure Upon motion of Commissioner Gustaveson, seconded by Commissioner Pinney, the Chairman was authorized to sign the Communications Equipment Contract fox' EMS. The meeting was adjourned. % ,. .. . ,, ~; - -- - y ~/ ,, ~ .. r----- ...~ 'Richard Whitted, `Chairman Agatha Johnson, Clerk URAilGE CUUC{TY 1977-78 SUDGET URDIPIA~ICE A~•lEP; D~•tEaIT The 797778 Budget•Ordinance of Orange County as adopted on Jung Z2, 1977, and suhsequen-t:ly amended ,• is hereby amended as follows: Change the appropriation far the -Follo~:~ing line items in the funds indicated: IPICREASE FUND - ITEyI (DECREASE) TO TOTAL General PU~liC 4lorks-Street Surfacing 10,102 40,102 Contingency (1,944) 138,056' Change the revenues and fund balances estimated to 62 available to meet the foregoing appropriations in the funds indicated: IPICREASE FUP1D - RESOURCE (DECREASE TO TOTAL General Special Assessments 8,158 23,158 t Adopted this the 3rd day of October 1977 n ,- L.~ ~.: ~ A meeting of the Board of Commissioners for Orange County, North Carolina, was held at Hillsborough, North Carolina, the regular place of meeting at 10:00 o'clock a.m., on October 3, 1977. Present: Commissioners Richard. ?•7hitted, Norman I~Talker,~ Norman Gustaveson, Jan Pinney and Donald T,~7illhoit Absent: None ~~*****************~~***~**********ar****~************************ The following resolution was read to the Board: w~NSroN. coLEMaN Q BERNM042 AttORNEVS AT LAW CMAPg4 MILL N- G NILLfi80ROUGN. N. C. FINAL ASSESSMENT RESOLUTION FOR THE FINANCING BX ORANGE COUNTY-~O~' THE LOCAL SHARE OF THE COST pF PAVxNG NORTH CAROLINA STATE ROAD #1820, AL50 KNOWN AB JEFFERSON DRIVE, NORT13 CAROLINA STATE ROAD #1821, ALSO KNOWN AS WASHINGTON DRIVE AND NORTH CAROLINA STATE ROAD #1822, ALSO KNOWN AS KENNEDY CIRCLE, IN ENO TOWNS.HIF, ORANGE COUNTY, NORTH CAROLINA. WHEREAS the Board of County Commissioners of Orange County has elected to finance the local share of the cost of paving North Carolina State Road #1820, also known as Jefferson Drive, North Carolina State Road #1821, also known as Washington Drive and North Carolina State Road #1822, also known as Kennedy Circle, located in Eno Township, Orange County, as permitted by North Carolina General Statute §153A185(4) and as provided for in North Carolina General Statute §153A20S a; IT IS HEREBY RESOLVED THAT: 1. Orange County shall undertake the financing of the local share of paving North Carolina State Road #1820, also known as Jefferson Drive, North Carolina State Road #1821, also known as Washington Drive and North Carolina State Road #1822, also known as Kennedy Circle, located in Eno Township, Orange County, North Carolina. 2. The basis far assessment for the local share of the cost of this project shall be the area of each lot served by the project at an equal rate per unit of area. 3. Orange County will assess the total local share according to the basis set out in number (2) above, which local ^~ ~ ~~.~.. share represents approacimately forty-five percent (4S$) of the total project cost. 4. No assessments of this project will be held in abeyance] 5. The assessments shall.be paid in.the following manner. a. Within thirty (30) days after notice of confirma- tion of the assessment role is published, each owner of the property may pay his assessment in full . b. Any assessment not paid in full as provided a}aove shall be paid in 5 equal annual installments with the first such installment, with interest, due 60 days after the date that the assessment roll is wlNSTaN, coLemwN a eepNHO>_z ATTOgN EYS AT L4W CH.:p{L HILL. N. C. HIIISBOROUGH, N. C. confirmed, and one installment, with interest, due on the same date in each successive year until the assessment is paid in full. This resolution is effective upon its passage. Thereupon, Commissioner Gustaveson moved the passage of the foregoing resolution and Commissioner - Pinney seconded the Motion, and the resolution was passed Eby the following votes: Ayes: Commissioners Gustaveson, Pir_nev T.aalkex ?71-iitted and Willhoit. Noes: None T, Agatha R. Johnson, Clerk of the Board of Commissioners for Orange County, North Carolina, DOtHEREBY CERTIFY that the foregoing is a true copy of the proceedings of said Board of Commissioners at a meeting held on October 3 I97 so far as the same relate to the Final Assessment Resolution for the financing by Prange County of the local share of the cost of paving North Carolina State Road #1820, aXso known as i Jefferson Drive, North Carolina State Road $1821, also known as Washington Drive and North Carolina State Road #1822, also known i i. i ~•_.~. ~:.. ~~ as Kennedy Circle, in Eno Township, Orange County, North Carolina, as such proceedings are recorded in the Minute Book. WITNESS my hand and the official seal of said Board, this the ~ .`~n,' day of (//''i'iw•%~~ , 19 ~~% ,,~i ' rl~ /~''._~~L_~ :rte\~ 1 fig i=/,: ~! ~~ ~•~~ Agatha R. .Iohnson;,~Clerk of the Board ~ of Commissioners for Orange County, North Carolina (S E A L) WINSTO N, COLEMAN 9 BERNHOLZ arroRNers ar uw CHAPEL HILL, N. C. HILL5HORaUGH, N. C. -.~ _ ` .~ ~- A meeting of the Board of Commissioners of Orange County, North Carolina, was held at Hillsborough, North Carolina, the regular place of meeting at 10:00 o'clock A M., an the 3rd day of October , 19 77. Present: _ Commissioners Richard A:!t~ttecZ._. Ndrma~„_ Gustaveson fan Pinnev Norman T~Ta ker a Absent: None ****~***~*~***~*********~******~*******~***~*****:~********~e**~** The fallowing resolution was read to the Board: PRELIMINARY ASSESSMENT RESOLUTION FOR THE FINANCING BY ORANGE COUNTX OF A PORTION OF' THE LOCAL SHARE OF THE COSTS OF PAVING BAYBERRY DRIVE, AZALEA DRIVE, AND AZALEA PLACE, ROADS LOCATED IN SECTION I OF MORGAN CREEK HILLS SUBDIVISION, IN CHAPEI. HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA WHEREAS the Board of County Commissioners of Orange County has received a petition requesting the paving' of Bayberry Drive, Azalea Drive, and Azalea Place, roads in Section I of Morgan Creek Hills Subdivisian, in Chapel Hill ,Township, Orange County, North Carolina, which petition has been signed by at least seventy-five percent (75~) of the owners of property adjoining the said roads, which praperty represents at least seventy-five percent (75~), of the lineal feet of -frontage of the lands abutting the said road[s], Bayberry Drive, Azalea Drive, and Azalea Place, pursuant to North Carolina General Statute §153A-205(0); and WHEREAS the Baard of County Commissioners of Orange Caunty has elected to finance a portion of the local share of the costs of paving the said road[s], as permitted by North Carolina General Statute §153A-185(4) and as provided for in North Carolina General Statute §153A-205 b; IT TS HERESY RESOLVED THAT: 1. Orange County shall undertake financing of a portion WIN570N, COLEMAN BERNFiOL; of the local share of paving Bayberry Drive, Azalea Drive, and arrogNeYS ar taw CRAP~t. NULL, N. _• Azalea Place, roads located in Section I of Morgan Creek Hills NILL5BOR0{1GN, N. C. Subdivision in Chapel Hill Township, Orange Caunty, North Carolina. The amount to be financed by Orange County, is ~,.~ ~.._ ~_ esta.mated to be $16,694.00, includa~ng casts and attorneys fees. No portion of the casts of paving the above roads will be borne by the Department of Transportation or the State of North Carolina. 2. The basis for assessment for the local share of the costs of this project shall be the number of lots served, oz subject to be served, at an equal rate per lot. 3. Orange~County will assess the financed portion of the total local share according to the basis set out in number 2 above which financed portion of the total local share represents approximately seventy-seven percent (77~) of the total project cost. 4. No assessments of this project will be held in abeyance. S. The assessments shall be paid in the following imanner: a. Within thirty (30) days after the notice of confirmation of the_assessment'role is published, each owner of the property may pay his assessment in full. b. Any assessment not paid in full as provided above shall be paid in 5 equal .annual installments with the fzrst such installment, with interest, due 60 days after the date that the assessment rot is confirmed, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. - IT IS FURTHER RESOLVED AND ORDERED that a public hearing on all matters covered by this preliminary assessment resolution will be held on the 18th day of October , 19_77 , at 8:00 o'clock P.M., during the regular meeting of the WIN570N. COLEMAN Board of Commissioners of Orange County, Orange County Courthouse 8 BERNHOL2 A'L"L'OPNE1'S AT LAW CHAPEL MILL., N. G Hillsborough, North Carolina. Hu.ls®vwvucH. N. c The Clerk of the Board of Commissioners is hereby authorized and directed to cause a notice of the public hearing n ~ ~ . J ~::.. ~_ to be given by publication one time, not less than Ten (10) days prior to October 18 J.9 77 the date set far the hearing, in a newspaper having a genezal circulation in Orange County. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING ON PRELIMINARY ASSESSMENT RESOLUTION ADOPTED $Y 7.'HE ORANGE COUNTY BOARD OF COMMISSIONERS TO FINANCE A PORTION OF THE LOCAT. SHARE OF THE COSTS OF PAVING BAY$ERRX DRIVE, AZALEA DRIVE, AND AZALEA PLACE, ROADS LOCATED IN SECTION I OF MORGAN CREEK HILLS SU$DIVISION IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CA12OI,INA Notice is hereby given that, pursuant to Arti.c].e 9 of Chapter 153A of the General Statutes of North Carolina, the Commissioners for Orange County have adopted a Preliminary Assessment Resolution as follows: 1. Orange County shall undertake financing of tha local share of paving Bayberry Drive, Azalea Drive, and Azalea PJ:ace, roads located in Section I of Morgan Creek Hills Sub- division in Chapel xill Township, Orange County; North Carolina. 2. The basis for assessment for the local share of the costs of this project shall be the number of lots served, or subject to be served, at an equal rate per lot. 3. Orange County will assess the total local share according to the basis set out in number 2 above which local share represents approximately seventy-seven percent of 'the total project cost. 4. No assessments of this project will be held in abeyance. 5. manner: WINSTON. 4~lEMAN H 6ER NFiOLZ ATTORNCYS AT LAW CHAP_L ry~Ll,. N. C. HILLSBOROUGry. N. C. The assessments shall be paid in the following a. Within thirty (30) days after the notice of confirmation of the assessment role is published, each owner of the property may pay his assessment in full. b. Any assessment not paid in full as provided above shall be paid in 5 equal annual installments wa.th the first such installment, with interest, ~.-~Q e....~ due 60 days after the date that assessment roll is confirmed, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. A public hearing will be held at 8:00 o'clock P.M., on the 18th day o~ October, 1977, at the Orange County Courthouse, Hillsborough, North Carolina, the regular place of meeting of the Board of Commissioners of Orange County, North Carolina, in order to discuss all matters covered by the preliminary assessment resolution. "-~~Y ~^'y, County of Orange ~:~ 1,= :.,.,a: : ~. .:. _.. ~. _ z.;'; ';.' '~,' - __ .~1~, .~' ` R chard E. Whitt d, Chairman .. ~+ ~'~• - . ~~~~~' ~' - Orange County Board of ~;~ ` . ~~ ~ - Commissioners ~(s ~ ~~:,.zj~. /~ ~ ,~ ,~ Attest: ~,rr'~...~~r~~~'1'~z1~`-1 `~ cle k At the time and place above stated any resident of Orange County or any other interested pezson may appear and be heard. /~/ This the ,~^2~. day of /~'i~;~'~_ , 19~ .~.,.-~ Agathar R. Johnson~~Clerk of Commissioners for Orange County, North Carolina The Glerk of the Board of Commissioners is hereby WINS70N, CaLEMgN e 6ERNHOLY ATTORNEI'9 AT WW CHAPEL HILL, N. C. N~LL560ROUGM. N. 0. authorized and directed to cause a copy of this Preliminary Assessment Resolution to be mailed by first-class mail to each owner, as shown on the county tax records of property subject to assessment if the project is undertaken, rot less than TEN (10) days prior to October l8, 1977. ~-. ,- ;~. <..~_ The Clerk o~ the Beard of Commissioners is hereby directed to file with the Board of Commissioners a certificate that the Preliminary Assessment Resolution was mailed as directed using a farm substantially as follows: CERTIFICATE OF MAILING 2, Agatha R. Johnson, Clerk of the Bcard of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that on the 6th day of October , 19 77 , I mailed, by first-class mail, postage prepaid, a copy of the Preliminary Assessment Resolution for the financing by Orange County of a portion of the local share of the cost of paving Bayberry Drive, Azalea Drive, and Azalea Place, roads located in Section I of Morgan Creek Hills Subdivision, in Chapel Hill Township, Orange County, North Carolina, to each owner, as shown on the County tax records of property subject to assessment if the project is undertaken. WITNESS my hand and the official seal of the Board of Commissioners of Orange County, North Carolina,'~.his the ~~ day of ~(!c`~~r-~~_ 19_~. Agatr a R. Johnso', Clerk of the Board of Commissioners for Orange County, North Carolina This resolution is effective upon its passage. Thereupon Commissioner Jan Pinney T.. moved the passage of the foregoing resolution and Commissioner Norman ' Gustavesan seconded the motion, and the resolution was passed by the following vote: ~ p,yes: Commissioners Richard Whitted, Norman Gustaveson Jan Pinney, Norman Flalker and Donald Tlillhoit. Noes: None ~x~**x~***~~~x**********~*****************~**~***********~ WINS70 N. COLEMAN & BERNHOLZ - ArrORNCYB AT LAW Z , Agatha R. Johnson, Clerk of the Board Of Commissioners CHAreL N1µ, N. G XILL59OROYCH. N. C for Orange County, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of the proceedings of said Board of Commissioners at a meeting held on the 3rd day h F?1".~• 4 1, ~ c_ w of October , 19 77 , so far as the same relate to the Preliminary Assessment Resolution for the fa.nancing by Orange County of a portion of the local share of the cost of paving Bayberry Drive, Azalea Drive, and Azalea Place, xoads located in Section I of Morgan Creek Hills Subdivision, i.n Chapel Hill Township, Orange County, North Carolina, as such proceedings are recorded in Minute Book ~~. WITNE55 my,hand and the official seal of said Board, ~~ this the ~ • / ~' day of ,~~' %:,~-:''+-~~ ~ , l9 ~/ ._j'"..,:.~''.';,: Agathla~/ R. Johnson/.Clerk of the '~' = - _ ''.~~:;_ Board' of Commissionezs for Orange "~';~~ ~` •;, :;: County, North Carolina i" 1 WINSTON, COLEMAN Q BERNNOLZ ATTORNCY6 AT LAW CMAPeL RILL. N. C. NILLSBOROYGN, N. C "' 1' 1 ... l_. ~ 'IN gTO Y. COLEMAry 1 d E+ERNHOL2 g1~ORHfiT5 Ai LqW ;HgF.L H~LL.:1. C. ~iLL590itOUaN, N. C. A meeting of the Board of Commissioners for Orange County, North Carolina, was held at Hillsborough, North Carolina, the regular place of meeting at 10:00 o'clock a .m., on October 3, 19 ~~. Present: Commissioners Rich~~d CIhittPA _ Norman rustaveson, Jan Pinney, Norman Walker and Donald ~aillhoit Absent: None ***x:t~*****~******~*~r***:r:~*~x*********~r*,r~~r********~r************** The fallowing resolution was read to the Board: WHEREAS the Board of Transportation of the State of North Carolina has apprave'd a route known as Alternate 1-B far the extension of Interstate 40 from I-85 west of Durham to the Research Triangle Park, which route, if followed, would result in the construction of a major new highway through Orange County and; WHEREAS the Board of Commissioners of Orange County appose the extension of Interstate 40 along Alternate Route I-B and the construction of a major new highway through Orange County) laecause, based on the inframation available to date, the Board is of the opinion that the construction of a major new highway through Orange County is not in the best interest of the citizens of Orange County and the citizens of the State of North Caroiina;i IT IS HERE$X RESOLVED THAT the Orange County Attorney is authorized to take whatevex steps necessary, including appropriate court action in opposition to the decision of the Board of Transportation of the State of North Carolina approving Alternate 1-B or any future decisiozri of the Boaxd of Transport- ation, or any other Boaxd or Agency, the result of which will be the construction of a major new highway through Orange County. This resolution is effective upon its nassa-° Thereupon Commissioner Norman rustaveson passage of the foregoing resolution and Com-nissioner ~-, ti ~ ., Willhoit seconded the motion and resolution was passed by the following vote: Ayes: Commissioners Richa T.9 Jan Pinney and Don ld r^]i 11 oit _ _ _ _ ' Noes: Commissioner Norman Walker. -- ************~***************~r***********~r******~****~************ I, Agatha R. Johnson, Clerk of the Board of Commissiane~ for Orange County, North Carolina, DO HEREBX CERTIFY that the foregoing is a true copy of the proceedings of said Board of Commissioners at a meeting held on October 4, 1977, as such proceedings are recorded in the Minute Book. WITNESS my hand and the official seal of said Board, this the /,~_day of .~,t~^ . 1977- Agat R. J'ohnso Clark Boar~of Commis oners far Orange County, North Carolina ') ~ ,(.SEAL) ~~ JJINSTO N. COLEMAN Q BERNHOLZ ATTOIiHCTS AT LAW CHAPEL HALL H- C. HIL_s~CROII.: H, f:. C. I~