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HomeMy WebLinkAboutMinutes - 19671002MINUTES OF THE ORANGE COUNTY BOARD OF COMMISSIONERS BOOK 7 FACE 55 October 2, 1967 The Orange County Board of Commissioners met on Monday, October 2, 1967 at ten o'clock a.m. in the Commissioners Room at the Courthouse in Hillsborough, North Carolina. Members Present: Chairman Harvey D. Bennett, Commissioners William C. Ray, Carl M. Smith, Ira A. Ward and Henry S. Walker. Members Absent: None The minutes of the previous meetings were read by-S. M. Gattis, acting clerk, and approved. Upon motion of Commissioner Ward, seconded by Commissioner Walker, it was moved and adopted that Roy Cole, Attorney from Chapel Hill, be appointed as judge of the County Recorders Court to fill the unexpired term of W. Marshall Smith who resigned from this position and that the salary of four hundred dollars ($400.00) per month be established as compensation for said position. Commissioner Ward reported on the progress being made in the survey of the boundary lines between Durham and Orange Counties. He stated that maps would be made available sometime in October. The following letter of resignation was submitted by C. T. Kaylor, Chairman of the Orange County Planning Board: "I think it only fair to the Commissioners to tell you that in the very near future I am going to have to give up my work with the Planning Board. Early in 1968, I will probably be out of state for several months in connection with my work at the medical school. So the Commissioners Should begin now to look for someone to replace me on the Board. So far as I know, I can stay on duty until January; this ought to give the planning board time to come up with specific recommendations on the still-unfinished subdivision regulations as well as multifamily units. If you could, at your early convenience, find someone as my replacement it would perhaps give him time to be with us and observe how the. Board has been working. (Hopefully, he won't be too disillusioned.) Let me know, please, when you are seriously considering someone so the planning board, too, can know about him because, after all, they have to work with him. It was decided that the public hearing on the question of creating the Dogwood Acres Sanitary District would be held at the home of George Spranzy on Thursday, November 9, 1967 at 7:30 p.m. The following letter from the Health Planning Council for Central North Carolina was presented by Chairman Bennett: "In a letter dated April 47 1967 the Orange County Board of Commissioners requested Health Planning Council to review and respond to the proposed Orange- Person County Mental Health Program. We have now received a copy of the proposal from Dr. J. Wilbert Edgerton, and have given it thorough and careful consideration. I am happy to report that the Board of Directors of Health Planning Council, meeting on September 6, 1967, unanimously approved and endorsed the proposal. We were struck by its comprehensiveness and the careful attention which has been given to the organizational structure of this two-county venture. We believe that it has every possibility for successfully delivering a much needed service to the people in these two counties, with excellent prospects for expanding the service area to include still another county. In the discussion, members of the Council made w-number of suggestions for the improvement of the plan. The Board also expressed the hope that there would be deliberate liaison between the Orange-Person program and that of the Durham Mental Health Authority. The proximity of the two agencies seemed to offer con- siderable potential for mutual benefit. These suggestions have been discussed with Dr. Edgerton. We will watch with considerable interest the development and implementation of the proposal, and assure you of our continuing readiness to be of assistance in this and all other health projects which might arise." Chairman Bennett was authorized to sign the following contract between Orange County and Wachovia Bank & Trust Company: aria 1 FAGS 56 "AGREEMENT MADE THIS 2nd day of October, 1967, among County of Orange, a County corporation located in the State of North Carolina, (hereinafter called the "County"), WACHOVIA BANK AND TRUST COMPANY, a banking corporation organized under the laws of the State of North Carolina having its principal place of business at Winston-Salem, North Carolina, (hereinafter called "Wachovia"), and BANKERS TRUST COMPANY., a banking corporation organized under the laws of the State of New York, having its principal place of business at 16 Wall Street, New York, New York, (hereinafter called "Bankers"), Wachovia and Bankers being together hereinafter called the "Banks". WHEREAS, the County, has heretofore duly authorized and issued and there are now outstanding various issues of bonds for the payment of the principal of and interest on which the full faith and credit of the County are irrevocably pledged, said bonds and the principal amount outstanding being more fully described-in the attached Schedule "A''; WHEREAS, hereafter from time to time during the term hereof the.County for its lawful purposes will authorize and issue additional series of bonds (said Schedule A bonds and additional bonds and any other obligations to which this Agreement is made applicable being hereinafter called the "Bonds"); WHEREAS , the County is desirous of appointing the Banks as agents for the payment of the principal of and the coupons for interest appertaining to,the Bonds as the same become due and payable, and the Banks are desirous of acting as such agents; and WHEREAS, the County is desirous of appointing Wachovia as accounting and cremation agent for the purpose of auditing and disposing of said bonds and coupons and rendering periodic accounting to the County with respect to payments made thereon, and Wachovia is desirous of acting as such agent. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The Banks are hereby appointed paying agent for the purpose of paying the principal of and the coupons for interest appertaining to the Bonds, which shall become due on or after , and the Banks accept such appointments. 2. Wachovia is hereby appointed accounting and cremation.agent to be responsible to the County for the proper and lawful cremation of all Bonds and coupons paid by the Banks and to render to the, County periodic accountings and certificates with respect thereto, and Wachovia accepts such appointment. 3. The County will deposit with Wachovia prior to each maturity date for principal and/or interest on the Bonds, cam in an amount sufficient to pay such maturing installment of principal and/or interest. All principal and interest on the bonds paid by the Banks shall be charged against the cash so deposited and Wachovia shall render statements of the cash account(s) to the County annually or more frequently as the County may request. 4- All Bonds and coupons paid by the Banks shall be cancelled by the Banks, or one of them. The Banks shall prepare and deliver to the County schedules showing Bonds and coupons paid during each twelve months period ending June 30 or such shorter period as the County may request. Copies of said schedules will be retained with the cancelled Bonds and coupons to be used as exhibits to the cremation certificates executed at the time of destruction of the Bonds and coupons. 5. All Bonds and coupons paid during any period of- twelve months ending on June 30 of each year shall be cancelled and held in custody by the Banks, or one of them, until the expiration of an additional period of twelve months following each such June 30 During such period the.Bonds and coupons will be available during regular banking hours for inspection by any authorized representative of the County. Upon the expiration of such additional period of twelve months, said Bonds and coupons will be destroyed by burning and Wachovia will execute and deliver to the County appropriate certificates evidencing.such destruction. 6. The Banks shall process applications for the payment of lost, stolen, destroyed or mutilated Bonds and coupons in accordance with.the instructions of the County and such reasonable rules and regulations as may be prescribed by the County. 7. For the services of the Banks as paying agents hereunder, including the retention and cremation of cancelled Bonds and coupons, the County shall pay to the Banks with respect to $1,000 denomination Bonds the sum of sixty cents (60a).and with respect to $5,000 denomination Bonds the sum of one dollar and ten cents ($1.10) for each Bond paid; and with respect to coupons pertaining to $1,000 denomination Bonds the sum of four and three-quarter cents (4 3/4¢) and with respect to coupons pertaining to $5,000 denomination Bonds the sum of twelve and one-half cents (12 1/2¢) for each coupon paid. The Banks shall not charge, impose, collect or receive from the holder of any Bond or coupon any fee or consideration for the payment thereof, except that the Banks, with the approval of the County may impose a charge on any holder for the processing of applications for payment of lost, stolen, destroyed or mutilated Bonds or coupons not to exceed the sum of five dollars ($5) with respect to any such application so processed. BOOK J FACE 6 8. This Agreement shall become effective as of and shall continue for a period of ten (10) years thereafter unless terminated as set forth in Paragraph 10, below. 9. This Agreement shall be automatically renewed for an additional period of ten (10) years from and for sucessive periods of ten (10) years thereafter, unless terminated as set forth in Paragraph 10,. below. 10. This Agreement may be terminated by any party at any time upon the giving of thirty (30) days written notice to the other parties. If the terminating party is one of the Banks, the agreement may nevertheless be continued between the County and the remaining bank if the remaining bank is able and willing to continue performance of all of the services to be performed by the Banks hereunder. 11. This Agreement shall inure to and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in their corporate names and their respective corporate seals to be affixed, as of the day and year first above written. ATTEST: ASSISTANT SECRETARY ASSISTANT SECRETARY COUNTY OF ORANGE BY WACHOVIA BANK AND TRUST COMPANY BY VICE PRESIDENT BANKERS TRUST COMPANY BY VICE PRESIDENT Approved as to legal form: County Attorney SCHEDULE "A" $650,000. principal amount water and Sanitary Sewer Bonds dated June 1, 1967 at various interest. rates due serially June 1, 1968/89 $130,000. principal amount County Office Building Bonds dated June 1, 1967, at various interest rates due serially June 1, 1968/80" Jurors were drawn for the following terms. of court: November 6, 1967 Criminal Term, 84 names November 13, 1967 Civil Term, 60 names November 20, 1967 Civil Term, 60 names December 11, 1967 Criminal Term, 84 names The petition for the paving of Secondary Road #1139 was presented and the Clerk was requested to forward same to the State Highway Commission. A. H. Walker, Sr., appeared before the Board relative to ambulance services being rendered by Walker's Funeral Home. He presented the following report:.= That between the period of January 1, 1967 through September 30, 1967 his company answered 617 ambulance calls. That the bills-incurred for this service amounted. to $10,524.00. That the amount paid towards these incurred bills was $5.,116.40 leaving an unpaid balance of $4,907.70. He stated further that because the demands for ambulance service was a necessity to the community that he had been hesitant to discontinue this portion of his operation but due to the unpaid bills this service was proving too costly for his company to continue to bear such a loss, therefore, it was his opinion that some type of financial assistance must be forthcoming in order for Walkers Funeral Home to continue in its present position of rendering ambulance service. Chairman Bennett advised Mr. Walker that the Board of Commissioner were aware of some of the problems that he was encountering and that the=Board would give immediate attention to his request for county financial assistance. Chairman Bennett appointed Commissioner Ray, The County Administrator and The County Welfare Director, as the committee, to study the ambulance service problem and directed that the committee make a report to the Commissioners as soon as possible. g60K 7 FACE 58 Chairman Bennett and Commissioner Ward reported to the Board on the meeting which they had attended with the Community Action group. Frank Frederick, Clerk of Superior court, along with members of the Jury Commission, appeared before the Board to explain the needs which would arise, financially and otherwise, in order that the legal provision for the institution of the Jury Commission,by Orange County,could be met by January 1, 1968. It was estimated that the cost involved in the preparation of this system would be approximately $1,000.00. The Clerk of Court and the Jury Commission were authorized by the Board of Commissioners to proceed with the preparation of the jury box as the needed finances would be made available. Dr. Hubert Patterson, Medical Examiner, presented a report on the recently adopted Medical Examiner Law. He stated that under this new law the expense incurred under the current Medical Examiners program would be reduced because services rendered to out of county patients would be the liability of the state. The following letter from the Department of Conservation and Development was. presented: "Industrial sites are one of the most important problems today throughout the entire State of North Carolina. A piece of property does not become an industrial site on which a manufacturing plant can be constructed unless certain things are done; particularly the supplying of water and sewage facilities to the property lines. The Division of Commerce and Industry through its five Regional Offices is making plans to hold a series of meetings throughout the entire state for the purpose of discussing water and sewer extensions,. provision?o£ new systems, and the potential of county-wide water and sewer systems. These meetings will have the participation of representatives from the Institute of Government, The State Stream Sanitation Division of the Department of Water & Air Resources, the Farmers' Home Administration, and The Department of Housing and Urban Development. Their participation will involve the discussion of federal funds or other funds for making engineering surveys and the actual financing of the construction of water and sewage systems. These meetings will be held throughout the areas covered by our five regional offices. We would like very much for you to take an-active part in helping us to arrange and participate in the meetings that involve the area covered by this regional office. Your advice, assistance, and help is vitally needed in order to make this meeting a success. I would like very much to have the privilege of meeting with you and other industrial representatives as well as a few leaders in the area covered by this regional office to be held at the Holiday Inn (U. S. Highway I North, across from Westinghouse) in Raleigh at 11:45 a.m., Tuesday, October 10, 1967. There will be a dutch luncheon in conjunction with this meeting. It would be appreciated if you would advise whether you can attend this meeting as it is for the purpose of discussing the organization of general meetings to be held at later dates. Bill Guthrie and Al Calloway in our Raleigh Office will be with us and will take part and participate in the general meetings to be held at later dates. This is of vital importance to the future industrial and economic growth of the area in which you live and we earnestly hope you will be with us on this date." The following letter from B. B. Olive, Attorney, from Durham, North Carolina, was presented: "I again want you to know that I think all officials concerned are to be commended for what you are doing in developing zoning regulations. Your cautious approach and looking at all angles is especially to.be praised. I also again want each of you to know of my concern for how..Water,_sewer and fire protection is handled in apartment, trailer and other high density areas. It would be absolutely criminal in my view to let developer's repeat all over Orange County what the Roberts people have done at the Triangle Apartment-Nursing Home II complex. Here we have a large sewer plant sitting 200 feet from the front door of a residence and only 10 feet from the front lawn. The sewer foam, noise, etc., makes the lawn unusable for any normal purpose, disturbs sleep and is basically obnoxious as would be the case if all septic tanks were above ground, open, ten times as large and equipped with large motors that never stopped. First, I suggest that no such central sewer plant be allowed anywhere in the county within 1000 feet of any present or future occupied dwelling if later occupied. Second, that no such plant be allowed unless the location is more than 3 miles from a municipal sewer tap. BOOK i PAGE 59 Third, that no high density well be allowed unless the location is more than 5 miles from a municipal line. Fourth, that all sewer lines of 500 feet or more be required to have vents etc., to minimize sewer gas explosions. Pifth, that adequate large storage tanks, power failure proof pressure pumps and other fire protection be required for all high density developments. Sixth, that State Utility Commission, State Water Resources, State Board of Health and State Highway Commission approvals for sewer,.water, health, sewer line right-of-way etc., be required in writing before any building is started. Seventh, that wider than usual public notice be given of all such proposed projects-and hearings allowed. I will be glad to appear in person or offer any other assistance 1 reasonably can. Keep up the good work." There being no further business to come before the Board said meeting was adjourned. Harvey D. Bennett, Chairman Betty June Hayes, Clerk S. M. Gattis, Acting Clerk