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HomeMy WebLinkAboutMinutes - 19870406 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING APRIL 6, 1987 The Orange County Board of Commissioners met in regular session on April 6, 1987 at 7: 30 p.m. in the Courtroom of the Old Courthouse, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall and Commissioners Moses Carey, Jr. , Stephen Halkiotis, John Hartwell and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers William T. Laws and Albert Kittrell, Finance Director Gordan Baker, Clerk to the Board Beverly A. Blythe, Deputy Finance Director Ken Chavious, Planning Director Marvin Collins, Housing and Community Develop- ment Director Tara Fikes, Tax Collector Kermit Lloyd and Planner Greg Szymik. A. BOARD COMMENTS Chair Marshall made the following revisions to the agenda: 1. Moved item G-16 "Local Legislation" to item G-0.5. 2. Moved item G-15 "Response to the N.C. Utilities Commission" to item G-0.75. 3 . Added a proclamation for RSVP Volunteer Day in Orange County. 4 . Added a resolution for Just Compensation to Item F3 . 5. Added item G-12B "budget information given to the school finance officers" 6. Moved Item F1 from the consent agenda to item G-12A. 7. Moved Item F2 from the consent agenda to item G-9A. 8 . Moved Item F8 from the consent agenda to item G-9B. 9 . Add to F4 and Gll "and authorize the Chair to sign" . Chair Marshall asked that for the next agenda a summary be prepared listing the change orders on the Carr Building and the changes that are necessary as outlined in the report of the short range changes that are going to occur. B. AUDIENCE COMMENTS A. ITEMS ON THE PRINTED AGENDA None B. ITEMS NOT ON THE PRINTED AGENDA Dick Helwig, Chair of the Telephone Technical Task Force, stated that on Friday evening there was a failure in the telephone system that lasted approximately three hours. He asked if he could present a report from the Technical Telephone Task Force with recommendations to file with the Utilities Commission on the handling of that failure. Chair Marshall added this report as item G-0.7. C. MINUTES Motion was made by Commissioner Carey, seconded by Commissioner Halk.iotis to approve the minutes for February 24, 1987 as circulated. VOTE: UNANIMOUS. PUBLIC CHARGE Chair Marshall read the public charge as approved by the Board and as contained in the rules and regulations of the Board. PUBLIC HEARINGS PROPOSED CDBG APPLICATION/RENCHER STREET AREA Tara Fikes presented for receipt of public comments the proposed FY87 Small Cities Community Development Block Grant application. This is the first of two public hearings required as part of the process of making application. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS. G. C. CORBIN asked about the location of the water and sewer lines. Tara Fikes indicated that the proposed boundary is Rencher Street with a few houses on North Fairview. Corbin expressed concern about the condition of the houses and the health problems that are caused by failing septic tanks. There are homes in the community that have homemade sewage systems. There is a need for water, a good sewer system, roads, and better housing. He represented 40 people in the audience from that area. WILLIAM WHITTED talked about the conditions of the area when it rains indicating the soil does not allow water to drain. MR. WALTON , a resident of Rencher Street for 41 years emphasized that because of the poor drainage, that whenever it rains the area and roads are flooded and the ditches are full of debris. Stagnant water stands in the area most of the time. RUFUS POTEAT , representing Mrs. Chavious who owns seven houses on Rencher Street spoke in support of the project. C. JACK PAYNE , owner of some property in the Rencher Street area spoke about the water problems in the area. He stated that there is raw waste on the ground. The road is very narrow and deadends. If the road could be open it would help the situation. ELAINE PARKER , business owner in the area, expressed concern that the water and sewer lines will be large enough to provide enough pressure to adequately serve the area. Flooding does occur when it rains and the road does need to be paved. Mr. Corbin stressed the fact that there are some homes in the area with water but that the pressure is so low that only one activity can take place at one time. He explained the home-built septic system and how it works. WILLIAM RICHARDS asked if School Bus Road would be included and Ms. Fikes stated that the specific area had not been determined. That determination will be made prior to the second public hearing which will be held on May 4. WITH NO FURTHER COMMENTS, THE PUBLIC HEARING WAS CLOSED. REAL ESTATE TRANSFER TAX THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS. JAMES WALLACE , Mayor of Chapel Hill, spoke in favor of the Real Estate Transfer Tax. He indicated that Chapel Hill is proposing that one percent of the sales price for land and buildings be paid by the seller at the time of the transfer. He stated the money would go to finance capital projects and in particular schools, street improvements, building of bridges and culverts, open space and parks and houses. He continued that based on 1986 sales, income from this tax would total $2,235, 000. If this money were to be allocated on the point of origin basis, Orange County would receive $1.2 million or 54% and Chapel Hill would receive $973,000 or 44%. If allocated by population, Orange County would receive $1.4 million and Chapel Hill $587,000. If it were allocated according to a combination of the two, Orange County would receive $1.3 million and Chapel Hill $780, 000. He stated that it is their proposal that this be a county-wide tax. The County Commissioners and the County staff would administer the tax in the same way as the Ad Valorem tax. He proposed that the collection procedure be at the time of recordation of property transfer. On May 13, the Chapel Hill Town Council will consider a resolution to support this local bill on a County basis and he urged the Commissioners to do likewise. There is no objection to the establishment of a figure below which there shall be no transfer tax. In conclusion Mayor Wallace stressed that this tax not be an added tax with the Ad valorem tax increasing also. JAMES PORTO , Mayor of Carrboro, stated that the Board of Aldermen has not made a decision on the Real Estate Transfer Tax because they did not have adequate information on which to base a decision. He stated that while the Carrboro Board would rather find an alternative way to raise revenues that they would like to be able to be included in further discussion. Chair Marshall noted that the legislative delegation would favor a bill that included a stipulation that a municipality would have to adopt the resolution in order to be included. This would give Carrboro the opportunity to hold a public hearing and approve a resolution before implementing the tax. Mayor Porto stated that if this tax is imposed on the citizens that live in Carrboro that Carrboro would like to receive a portion of the tax even if the Board did not support the tax. GRAINGER BARRETT , Vice-President of Governmental Affairs for the Chapel Hill-Carrboro Chamber of Commerce, stated that the Chamber of Commerce perceives this tax as a form of property tax. He stated that an alternative tax would be the hotel/motel tax or the entertainment tax. The Chamber feels the tax falls unevenly on those who pay and those who benefit. A major problem in Orange County is the price of property. A lower priced house will sell more times and when adding 1% to the price of that house each time, the price escalates. The lower income citizens will be driven out of the County into other counties. He noted that the way to pay for the capital needs in the County is not pay-as-you-go because it introduces an inequity between those who pay for a longlife facility today and those who enjoy it over a longer period of time. The way to finance for fiscal soundness and fiscal fairness is to issue bonds and let those who enjoy the facility pay for that enjoyment over the life of it. KAY LAYMAN , Executive Officer of the Durham-Chapel Hill Homebuilders Association, read a letter written by the President Nicholas J. Tennyson. (A copy of the letter is in the permanent agenda file in the Clerk's office. ) HELENE IVEY , agreed that more revenue is needed but that additional taxes will drive people out of their homes and to other counties. She spoke in opposition of the Transfer Tax. F9 5 JIM NEAL , President of the Chapel Hill Board of Realtors, stated that a home worth $98,264 would have a tax liability of $663 . If the property were sold under the proposed 1%, the tax would total $982 . That is a 148% increase for one year. Statistics show that properties transfer every six or seven years which means that real estate taxes would be increased 10% on the low end. It is the consensus that the tax will not hurt real estate sales. The tax will be passed on from the seller to the buyer and will mean that those buying property will have to have additional monies for the down payment. BILL THORPE stated that the seller will always pass the tax on to the buyer. He feels the tax is unfair and expressed opposition to such a tax. HENRY WHITFIELD spoke in opposition of the Transfer Tax. The seller will add this tax to the cost of the house. He stated his willingness to pay additional Ad valorem taxes for the services provided by the County but asked that the County review their services if see if they are all necessary. NORMAN BLOCK , representing Thomas H. Heffner, President of the North Carolina Association of Realtors, Inc. , read a letter into the record. (A copy of the letter is in the permanent agenda file in the Clerk' s office. ) He stated that the tax will be paid unfairly by the people who sell their homes. The people who move within the community will be paying this tax and have no change in the level of services they receive. He encouraged the Board to restudy the Land Transfer Tax before making a decision to ask for enabling legislation. BARRY JACOBS , resident of Cheeks Township, spoke in favor of the Transfer Tax. As a matter of fairness he supported a minimum floor on the amount that would be taxed. The additional revenue would enable the County to address some of the problems caused by growth. H. B. HACKNEY spoke in opposition of the Transfer Tax. The largest investment of most people in a lifetime is a house and he doesn't feel home buyers should be penalized. The largest problem in the County at this time is controlling the traffic at the Dean Dome. He asked that the Board consider an entertainment tax instead. BEN LLOYD asked clarifying questions about leasing and assumption of loans from the seller. He stated that the tax is nothing more than an Ad valorem tax and seems discriminatory. He questioned if the tax had been tested in court. He labeled the tax unreliable and opposed the tax. WITH NO FURTHER CITIZEN COMMENTS, THE PUBLIC HEARING WAS CLOSED. D. RESOLUTIONS OR PROCLAMATIONS 1. COMMUNITY DEVELOPMENT WEEK Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the resolution as stated below: PROCLAMATION APRIL 11-18, 1987 NATIONAL COMMUNITY DEVELOPMENT WEEK WHEREAS, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM has operated since 1974 to provide local governments with the resources required to meet the needs of persons of low and moderate income; WHEREAS, community development block grant funds are used by thousands of P neighborhood-based nonprofit organizations throughout the Nation to addreISA pressing neighborhood and human service needs; WHEREAS, in the last several years the Federal Government has reduced Federal assistance to local governments and nonprofit organizations; WHEREAS, during this time of constricted Federal contributions to the task of meeting the needs of low and moderate income persons, the problems have grown as evidenced by the dwindling supply of affordable housing, the massive rise in homelessness, and the resurfacing of hunger and malnutrition; WHEREAS, during this time of Federal withdrawal from responsibility, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM has assumed increasing importance for meeting pressing community problems; WHEREAS, the Congress and the Nation has often overlooked the critical value of the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM and the significant number of organizations and projects that rely on its funds for support; WHEREAS, the Congress of the United States has declared April 11-18, 1987 COMMUNITY DEVELOPMENT WEEK; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners proclaim April 11-18 COMMUNITY DEVELOPMENT WEEK and call upon all citizens of our County to support the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. VOTE: UNANIMOUS. 2 , ELDERLY AND HANDICAPPED TRANSPORTATION ASSISTANCE PROGRAM Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to adopt the resolution supporting the Elderly and Handicapped Transportation Assistance Program as stated below: WHEREAS, Senate Bill 58, entitled the Elderly and Handicapped Transpor- tation Assistance Program has been introduced in the North Carolina Senate; and WHEREAS, Senate Bill 58 requests an appropriation of $2 million for fiscal year 1987-88, one-half of which will be divided equally among all the counties, with the remainder of funds distributed on the basis of the percentage of elderly and handicapped population and population density; and WHEREAS, the funds would be used to provide transportation services to elderly and handicapped individuals; and WHEREAS, Senate Bill 58 requires no local matching funds; and WHEREAS, the funds would supplement existing sources of support for transportation services for the elderly and the handicapped but not replace state funds already earmarked for Orange County for this purpose, NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commis- sioners supports Senate Bill 58, the Elderly and Handicapped Transpor- tation Assistance Program. BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the appropriate state officials. VOTE: UNANIMOUS. 3 . RSVP VOLUNTEER DAY IN ORANGE COUNTY Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to proclaim April 16, 1987 as "RSVP Volunteer Day in Orange County as stated below: RSVP VOLUNTEER DAY IN ORANGE COUNTY 1987 PROCLAMATION All citizens can be proud that Orange County is a leader in the volunteer movement. This spirit of helping others involves hundreds of caring people and saves thousands in tax dollars. This tremendous contri- bution is helping many Orange County citizens live better lives. In addition, Retired Volunteers from all walks of life play a vital role in the success of schools, libraries, community centers, a radio station, day care centers, the county correctional facility, health and social organizations. Orange County's Retired Volunteer effort is a movement that is a living testimonial to the human spirit. This selfless giving to others is making it possible to continue vital programs, even with limited resources. NOW THEREFORE, the Orange County Board of Commissioners DO HEREBY PROCLAIM April 16, 1987, as "RSVP Volunteer Day in Orange County" and urge all our citizens to recognize the volunteer contributions to our County and extend appreciation to those who have given of themselves. IN WITNESS THEREOF, as Chair of the Orange County Board of Commissioners, I have hereunto set my hand and affixed the Seal of the County of Orange this sixth day of April in the year of our Lord, Nineteen hundred and eighty-seven. VOTE: UNANIMOUS. F. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the items as listed below: 3 . RESOLUTION ESTABLISHING JUST COMPENSATION FOR ACQUISITION To approve the recommended fair market values for the acquisition of three dilapidated dwellings in the Northern Fairview and Councilville Community Development areas and adopt the resolution establishing just compensation. RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS ESTABLISHING JUST COMPENSATION FOR CERTAIN PROPERTIES PROPOSED FOR ACQUISITION IN THE ORANGE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, NRCD GRANT NO. 82-C-6285 IT IS HEREBY RESOLVED: THAT, The Orange County Board of Commissioners has obtained appraisals and a review appraisal for each parcel proposed to be acquired in the Orange County Community Development Program as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and HUD's implementing at 24 DFR 42 . 101-127. THAT, Just Compensation is hereby established for each of the parcels as follows: STATEMENT OF RECOMMENDED VALUES 1. Rt. 4, Councilville - dwelling is 1,500 sq. ft. , lot is 16, 056 sq. ft. , first appraised value was $3, 000; second appraised recommended value was $3 , 000. 2. Turner Street - Dwelling is 846 sq. ft. , the first appraised value was $4,900; the second appraised recommended value was $4,900. 3 . Riddle Avenue - dwelling is 900 sq. ft. , lot is 15, 550 sq. ft. , first appraised value was $10, 600; second appraised recommended value was $10, 600. 4. CHANGE ORDER - MEBANE HEATING AND AIR CONDITIONING To approve a change order for four return air grills which were omitted from specifications for the HVAC system for the Carr Building Renovation at a total of $125 and authorize the Chair to sign. 5. TAX REFUNDS REQUEST To approve nine (9) releases for refund of tax bills as listed: James Helwig Fortney - Acct. # 94951 $ 5.34 John Daniel Moriarty - Acct. # 104677 303 .43 Hoke and Annette Colley - Acct. # 6456 97.87 Royall H. Spence, Jr. - Acct. # 96588 150.72 Esther L. Gordon - Acct. # 21753 139.72 First Union National Bank - Acct. # 57829 58. 37 Cazwell, Inc. - Acct. # 104486 1, 087.48 James and Mary Taylor - Acct. # 68234 48. 20 Carolina Yogurt, Inc. - Acct. # 111413 125. 47 6. BID AWARD - FRONT LOADING SANITATION TRUCK To award a contract to Carolina Waste Equipment for the purchase of one 38 cubic yard packer unit for a sum of $98, 222 . 00. The following bids were received: 1. Cavalier $ 99,876 2 . Carolina Waste $ 98,222 3 . Sanco $ 100, 699 7. FIREWORKS DISPLAY REQUEST To approve a request from the Town of Carrboro to authorize a fire- works display at the Carrboro Town Hall grounds on July 4. VOTE: UNANIMOUS. G. ITEMS FOR DECISION - REGULAR AGENDA 0.5 LOCAL LEGISLATION JOINT PLANNING AUTHORITY County Attorney Geoffrey Gledhill explained that by agreement with Chapel Hill, Mike Brough was asked to draft the local legislation for Joint Planning. This will be presented by the local delegation as part of an omnimous bill. After a brief discussion it was decided that a Special Meeting would be scheduled for April 15 at 12 : 00 noon in the Board of Commissioners Room. AN ACT TO REQUIRE THE DISCLOSURE OF INTEREST IN PROPERTY AND BUSINESSES BY ORANGE COUNTY COMMISSIONERS (A complete copy is in the permanent agenda file in the Clerk's office) . Lois Herring spoke in support of this Act. Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to forward this Act to the delegation for enabling ~ legislation. VOTE: UNANIMOUS. IMPACT FEE AUTHORIZATION Already authorized for submission. REAL ESTATE TRANSFER TAX Geoffrey Gledhill indicated that leases for more than ten years would be taxed under this tax. Commissioner Carey commended the public for speaking out for the low income citizens in Orange County. He stated he clearly recognizes the need for additional resources to accommodate the growth the County is experiencing. He also recognizes the problems created by this growth in providing the services that citizens demand with the current resources available and those expected in the future. He stated he is not convinced that this additional tax is needed at this time. There are issues associated with this proposal that need more understanding and the issue needs further discussion so that the full implications can be understood by everyone. For these reasons, Commissioner Carey stated he would not support this tax until more information is available about the floor, whether the floor will be a rising floor with a ceiling on the floor and whether it will be tied to some sort of index associated with the cost of living. He feels this should be considered further and should not be submitted for legislation this year. The impact fee should be submitted at this time and the Board should wait to submit the Real Estate Transfer Tax. Commissioner Hartwell stated his main objection is the effect on the affordability of housing. He talked with the City Manager of Raleigh who stated they have not voted or asked their delegation for any enabling legislation. The bill has been changed to not include an exemption. The attorney for the City of Raleigh indicated he had no concern with the legality or the ability to administrate. Commissioner Hartwell indicated he favors the Land Transfer Tax instead of the impact fee. The tax is related to the growth and is fairer than the impact fee. Commissioner Halkiotis reiterated the different types of taxes that are in effect and some that could be enacted such as entertainment or hotel/motel tax. There are some serious needs in this County that must be addressed. He stated he does not favor another tax, but that the money must come from someplace and he would support this tax. Commissioner Willhoit stated that an alternative would be to raise the property tax which would have an adverse impact on the low income people. The Land Transfer Tax would be easier for people to pay at the time they realize a windfall tax or depreciation tax. Chair Marshall stated the tax brings some relief to those people who buy a house and remain in the house and who see their assessed evaluation rise tremendously because of the buying and selling that occurs. This tax does give a balance and puts pressure on those transfers that take place year after year raising the assessed evaluation. This tax would be reserved for capital improvements and would not be depended upon during periods of nongrowth. Part of this tax may be used for bonding. There are some issues that need to be addressed. It is important that the Board supports the State enabling legislation and, if it is not approved, that the Board request consideration of a local bill. The method of how it will be distributed and the threshold at which it starts needs to be determined. Chair Marshall entered into the record the letter from Town of Hillsborough Mayor Frank Sheffield. (A copy of this letter is in the permanent agenda file in the Clerk's office. ) Motion was made by Commissioner Hartwell, seconded by Chair Marshall to approve the Real Estate Transfer Tax legislation with an amendment to exempt the first $50, 000 of all transactions. Commissioner Willhoit disagreed with setting a floor in the bill. Legislation would need to be changed if the figure is too high or too low. The allocation of the money needs to be determined. The floor is something that could be determined after receiving enabling legislation. Commissioner Hartwell amended his motion so it does not state a definite figure in the bill for the floor but requested that the bill allow the County to make that determination at a later time. Commissioner Carey stated there are questions that need to be answered before this bill is approved by the Board. There are implications that need to be thought through before enabling legislation is requested. After further discussion, Commissioner Hartwell withdrew his motion and Chair Marshall withdrew her second. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to table this item until April 15 for receipt of additional information. VOTE: UNANIMOUS. 0. 7 ADDED ITEM - REPORT ON THE TELEPHONE FAILURE (originally G-15) Richard Helwig, Chair of the Telephone Technical Task Force, reported that on April 3, 1987 the Hillsborough telephone system was inoperative for a period of 3 .75 hours. The telephone company does not have a plan to deal with emergencies. He presented a resolution which makes a request to the Utilities Commission to investigate the failure. Bobby Baker, EMS Director, indicated he was unable to get any information on the estimated length of the outage in a reasonable period of time in order for him to make a decision to activate an emergency plan. He does support the task force and the resolution pertaining to the failure that occurred on April 3, 1987. Helwig indicated he would send with the resolution to the Utilities Commission a letter of support from Sheriff Lindy Pendergrass. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to forward the resolution as printed below along with supporting documentation to the Utilities Commission. R E S O L U T I O N WHEREAS, the Hillsborough central office failed for all lines, including 911 service on Friday, April 3, 1987, for a period of just over three hours, and WHEREAS, it took over two and one-half hours before the proper personnel who could repair the problem arrived on site, with restoration taking less than fifteen minutes and with operation resuming within thirty minutes, and WHEREAS, information about the nature and expected duration of the outage was withheld from our Emergency Communications Director which seriously compromised our County's emergency communications plans, and WHEREAS, our citizens who are served by the 732 exchange rightly expect a functioning and adequate plan to deal with failures in and of the system in a timely manner to support their trust in and security from the telephone system, NOW THEREFORE BE IT RESOLVED that this Board expresses to Centel and to the North Carolina Utilities Commission its extreme dissatisfaction with the course of events to the restoration of service, and THAT this Board asks the North Carolina Utilities Commission to act on its behalf, by opening its own investigation of this matter to cover at least the following six areas: 1. Fully investigate the factors of the failure and make the response to the failure public knowledge. 2 . Examine the adequacy of Centel's preparedness plan to deal with failures in and of the system, with special. attention given to the timeliness of response and the presence of alternative courses of action. 3 . Include an investigation of Northern Telecom's (the equipment manufacturer) recommended plan of action for such failures in its equipment and especially in this installation. 4. To review preparedness plans of the other telephone companies serving Orange County (Southern Bell, General Telephone, and Mebane Home Phone) . 5. To order the companies to develop plans in consultation with county and municipal agencies that will satisfy the deficiencies should any of these plans be partly or fully inadequate. 6. To look at preparedness plans for all of Centel 's exchanges in the state, to reduce probability of similar incidents elsewhere, and, THAT copies of documents supporting this resolution be included with this resolution to the North Carolina Utilities Commission. VOTE: UNANIMOUS. 0.75 RESPONSE TO THE NORTH CAROLINA UTILITIES COMMISSION (G-15) Richard Helwig reported that last April there was a long distance failure in Orange County and negotiations have been ongoing through the Utilities Commission. The Triangle J Telephone Task Force recommendation will encompass most of the issues raised by the County's Telephone Task Force. The Telephone Task Force is suggesting a reply to the North Carolina Utilities Commission which will request one more round of responses and asks the NC Utilities Commission: (1) To keep all of our previous requests open. (2) To ask General Telephone, which serves eastern Orange sub- scribers to respond to all previous questions as a Local Exchange Company, noting that General has responded only as a contractor between Centel and AT&T. (3) To order Centel and AT&T and General and AT&T to develop practi- cal plans and budgets, for complete review, for implementing fault-tolerant and self-healing networks through their class 5 office levels. (4) To request progress reports on studies AT&T has initiated as outlined in its response of August 28, 1986. (5) To keep the docket open to review the results of these requests and the monitoring of calling to and from Hillsborough, and (6) To modify the heading on the docket to reflect that Shirley Marshall is now Chair of the Orange County Board of Commissioners. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to approve the letter to be sent to the Utilities Commission and authorize the Chair to sign. VOTE: UNANIMOUS. 107 3 . WOLFE PROPERTY SUBDIVISION - PRELIMINARY Planner Greg Szymik presented for approval the Preliminary Plan for the Wo1Fe Property Subdivision. The property is located on Dodson's Crossroads Road. The 36.8 acres will be divided into seven lots with a community open space area of 7.9 acres, which includes a spray irrigation system for sewage disposal. The Planning Board recommended approval subject to 4 conditions. Since that time, the County Attorney in a letter to the Board has expressed some concerns about some legislation in the State House last year and some legislation in the State House this year that addresses County liability with regard to community septic systems. A fifth condition was added to the recommendation to insure that money would be available to meet the expected operation and maintenance cost of the spray irrigation system for a period of three (3) years from the date of final plat approval. After a brief discussion, it was decided by the Board that a policy needs to be made with regard to alternative septic systems and the administration of the maintenance fund. Tony Whitaker, engineer with Philip Post and Associates, stated that these types of septic systems are present throughout the County. The system is a small scale public system that would be approved by the Division of Environment Management and would be monitored by a licensed operator who would be certified by DEM. In answer to a question from Commissioner Halkiotis, Gledhill stated that the maintenance responsibility would fall on those using the system and the Homeowners Association. The maintenance fund would be maintained by the Association and continued for the duration of the system. Whitaker stated in response to a comment made by Commissioner Hartwell that the systems are designed to operate for 25 to 30 years. The system will use a small type pump station for each lot with the homeowner being responsible for the maintenance and upkeep. The public portion of the system would consist of a series of pipes and chlorination facilities and a larger pump station and a spray area which would be the responsibility of the Homeowners Association. The developer will install both the private and the public portion of the system. The State will approve the system. Motion was made by Commissioner Carey, seconded by Chair Marshall to postpone action on this Preliminary Plan until May 4, at which time a policy will be brought forth by the Planning Board for Board consideration. VOTE: UNANIMOUS 7. SUNNYFIELD - PRELIMINARY PLAN Greg Szymik presented for approval the Preliminary Plan for Sunnyfield. The property is located in Bingham Township on Dodson's Crossroads. The total tract is 8 acres with eight lots proposed. The Planning Board recommends approval. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the Preliminary Plan for Sunnyfield with the following conditions: (1) Property lines being drawn to the centerline of the road on the final plat; and (2) All lots access restricted to Sunnyfield Court. VOTE: UNANIMOUS. 10. NATURAL AREAS INVENTORY - TRIANGLE LAND CONSERVANCY Pearson Stewart, President of the Triangle Land Conservancy, referred to the material in the agenda and noted that the proposal 108 consists of a Natural Area Inventory for Orange County. The funding would involve a public donation of $5,000 and private funding in the amount of $7, 000 with $2, 000 contributions from the towns of Chapel Hill and Carrboro. Motion was made by Chair Marshall, seconded by Commissioner Willhoit to endorse the proposal for the inventory with a commitment to include Orange County's share in the 1987-88 budget. VOTE: UNANIMOUS. 11. LAKE ORANGE STORAGE CAPACITY RESOLUTION - SENATE BILL 2 FUNDS Ken Thompson gave a brief status report on questionable items relating to Lake Orange. He stated that to raise the Lake one foot would cost $32, 000. If later it is raised to 2 feet, it would cost $91, 000 plus litigation costs. It is recommended that the Lake be raised one foot and that authorization be given for the use of the Senate Bill 2 funds. In answer to a question from Chair Marshall, Thompson stated that if the monies from the Senate Bill 2 funds are not received that approving the resolution would not obligate the County to do the project. Geoffrey Gledhill concurred. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to approve the resolution authorizing the use of Senate Bill 2 funds, and approve the Lake Orange Capital Project Ordinance and authorize the Chair to sign. Discussion ensued on the cost and reasons for requesting $45, 000 from the Senate Bill 2 funds which must be match by the County. Thompson explained that requesting $45, 000 would reserve this money which may be used next year for such things as raising the boat docks, raise piers, raise the roads, etc. Commissioner Halkiotis questioned the need to raise docks or piers when the Lake is being raised one foot and not two. Chair Marshall pointed out that according to Geoffrey Gledhill there was no reason to make the improvements and that it was understood that no improvements would be necessary if the Lake were raised one foot. The motion was amended by Commissioner Willhoit, seconded by Commissioner Hartwell to approve the Manager's recommendation changing the $45, 000 in the resolution to $20, 000. Commissioner Halkiotis stated he cannot support this motion because for the last four months he has understood that no tax dollars would be spent for improvements to boat houses, piers, etc. if the Lake was raised one foot. In answer to a question from a property owner on Lake Orange, Commissioner Hartwell stated and Chair Marshall agreed it would be the County's responsibility to maintain the easement below the 615 foot level. The easement across the land above the 615 foot level is not only for flooding but also to allow work to be done as needed by the County. VOTE: AYES, 4; NOES, 1 (Commissioner Halkiotis) . RESOLUTION LAKE ORANGE STORAGE CAPACITY SENATE BILL 2 FUNDS WHEREAS, Orange County is eligible to receive Senate Bill 2 funds over a two year period for water projects; and WHEREAS, the Orange County Board of Commissioners have placed priority on efforts to increase water supply as the most appropriate means of allocating Senate Bill 2 funds; and WHEREAS, the Orange County Board of Commissioners adopted a resolution on July 7, 1986 allocating Senate Bill 2 water funds for a reservoir study and the installation of a pump station to transfer water from the OWASA to Hillsborough; and WHEREAS, on July 23, 1986 the Orange County Board of Commissioners placed` a temporary hold on the use of Senate Bill 2 for Lake Orange flashboards pending survey of property owners and engineering; and WHEREAS, the Lake Orange Capital Project Ordinance once approved includes up to $20, 000 in Senate Bill 2 funds as part of the financing for the project. NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that in the interest of increasing the water supply for all citizens, the Board does hereby formally allocate Senate Bill 2 water funds in the amount of $20, 000 to the Lake Orange project; and BE IT FURTHER RESOLVED that the Orange County Board of Commissioners hereby requests that the State of North Carolina encumber $20, 000 of Senate Bill 2 water funds for the use of Orange County in addition to the amounts encumbered in accordance with the resolution adopted on July 7, 1986; and BE IT FURTHER RESOLVED by the Orange County Board of Commissioners that the Board understands that Senate Bill 2 funds must be matched equally with local funds for the project indicated. Adopted this 6th day of April, 1987. 12 . BOARD OF EQUALIZATION AND REVIEW Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to set the number of members at seven and to appoint Tom Hefner as Chair. VOTE: UNANIMOUS. The following persons were appointed to the Board of Equalization and Review: Tom Hefner, Chair, John Hartwell, Scott Dorsett, Jerry Taylor, Kathleen Buck, Bonnie Gates, Donna Hughes. 8. EFLAND CHEEKS EASEMENT AGREEMENT (A copy of the agreement is in the permanent agenda file in the Clerk's Office) . Chair Marshall questioned #2 on page two of the contract which states specific things that must follow certain actions. Geoffrey Gledhill clarified that the contract does not obligate the County because it does not state a specific time period. However, when the interceptor is extended, it will trigger certain other happenings. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to approve the agreement between the County and Marilyn Efland Liner and her husband W. David Liner for an easement on which a pump station for the Efland Cheeks Sewer Project will be built for a sum of $800 and authorize the Chair to sign. VOTE: UNANIMOUS. A motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to continue items G4, G5, G6, and G8 to 11: 00 a.m. April 15, 1987, Board of Commissioners' Room, Orange County Courthouse, Hillsborough, North Carolina and to continue items G1, G2, G9a, G9b, G12a, G13 and G14 to April 21, 1987, 7: 30 p.m. , in the Courtroom of the old Post Office, Chapel Hill, North Carolina. VOTE: UNANIMOUS. ADJOURNMENT Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to adjourn the meeting at 12 : 05 a.m. The next regular meeting will be held on April 21, 1987 at 7:30 in the Courtroom of the old Post Office, Chapel Hill, North Carolina. Shirley E. Marshall, Chair Beverly A. Blythe, Clerk