HomeMy WebLinkAboutMinutes - 19680102MINUTES OF THE ORANGE COUNTY
BOARD OF COMMISSIONERS
January 2, 1968
BOOK 7 FACE 89
The Board of Commissioners for the County of Orange, North Carolina, met in
regular session at the County Courthouse in Hillsborough, North Carolina, at 10
o'clock A.M., on Tuesday, January 2, 1968 (Monday, January 1, 1968, being a legal
holiday.)
Present: Chairman Harvey D. Bennett, and Commissioners William C. Ray, Carl
M. Smith, Henry Walker and Ira A. Ward.
Absent: None
The minutes of the previous meetings were read and approved.
Ed Barnes, Mrs. Fonrose Gore and Eugene Jackson, representatives of the
County Agriculture Extension Service, presented their annual report.
P. H. Craig, realtor from Chapel Hill, objected to he recently adopted sub-
division ordinance in that he felt said ordinance was toe?estrictive and would
prohibit growth and development in the Chapel Hill Townsh area. He reouested
that the Board appoint a committee which would work with the Board of Commissioners
and the realtors in planning and promoting the residential development of the
county. No action was taken on Mr. Craig's recuest.
Mr. Craig informed the Board that he had discussed with a member of the
Orange County Board of Elections the possibility of maintaining a full time system
of voter registration in the Clerk of Court's office. Discussion ensued relative to
said request and the Board advised Mr. Craig that any action relative to such request
must be made by the Orange County Board of Elections.
Dr. Fernando Colon, Director of Psychological Service Center, presented a
progress report relative to the activities of the Psychological Service Center.
The following letter of resignation was received from James S. Wearn, Chairman
of the Carrboro Planning Board:
"In April 1966 your board approved my appointment as one of the two persons
to represent Orange County on the Carrboro Planning Board. Since that time I have
served as chairman of that board.
This board has prepared a new zoning ordinance and detailed zoning maps of
the area under itfs ,jurisdiction. A new set 6f zoning maps on transpariences has
just been completed. This will enable the board to replace any of the zoning
maps which are put out for public use in case the maps are damaged or stolen.
Draft of a Subdivision Ordinance has been prepared and in the hands of the
Commission for two months.
With this work completed I feel that my usefullness on the Carrboro Planning
Board is over and have submitted my resignation to Mayor Lloyd.
I would like to thank you for the priviledge of representing Orange County
on this Board."
A. H. Graham, County Attorney, presented Resolution Relating To The Creation
Of A Sanitary District:
"Commissioner Smith introduced the following resolution which was read:
RESOLUTION RELATING TO THE CREATION OF A SANITARY DISTRICT
BE IT RESOLVED by the Board of Commissioners for the County of Orange:
Section 1. That the Board of Commissioners has determined and does hereby
find and declare:
(a) That on June 5, 1967 a petition requesting the creation of a sanitary
district in the Dogwood Acres area of Orange County was received by the Board of
Commissioners for the County of Orange, a photostatic copy of which petition is
as follows:
NORTH CAROLINA PETITION: Original petition was duly filed
ORANGE COUNTY with the Clerk and the County
Manager.
TO THE HONORABLE BOARD OF COMMISSIONERS OF THE COUNTY OF ORANGE
We, the undersigned, constituting fifty-one percent or more of the resident free-
holders or fifty-one percent or more of the freeholders within the proposed district
hereinafter set out, do hereby petition the Board of,County Commissioners of the
County of Orange to establish a sanitary district known as the Dogwood Acres Sanitary
District in compliance with Chapter 130, Article 12, of the General Statutes of the
State of North Carolina. The primary object of the sanitary district is to obtain a
supply of raw or filtered water for residents of the district for the preservation and
BOOK 7 PAGE 90
procreation of the public health and sanitary welfare within the district. In addition
to the aforesaid object, we request that the sanitary district be vested with the
powers outlined in North Carolina General Statute 130-126. The proposed boundaries
of the district are located entirely within Chapel Hill Township, Orange County, North
Carolina, and are indicated on a map entitled Dogwood Acres Sanitary District, prepared
by Robert J. Ayers to which reference is hereby made, which boundaries are described
by metes and bounds as follows:
Beginning at a concrete monument located on the northern right-of-way line of
Dogwood Drive, being State Road 1962, at the Southwest corner of Lot 64 of Dogwood
Acres Subdivision according to the map thereof recorded in Map Book 4, Page 113 of
the Orange County Register; running thence along the southern line of said Lot 64
South 86 degrees 55 minutes East 278 feet to an iron pipe in the Southeastern corner
of said Lot 64 of Dogwood Acres Subdivision. Thence North 8 degrees 03 minutes East
302 feet to an iron pipe located in the eastern corner of Lot 66, Dogwood Acres Sub-
division; thence North 32 degrees 55 minutes West 1162.5 feet to an iron pipe in a
rock pile in the line of Lot 74 of said Dogwood Acres Subdivision; running thence North
77 degrees 15 minutes West 1514 feet to an iron pipe and pointers located in the North-
western corner of Lot 87, Dogwood Acres Subdivision; thence North 5 degrees 45 minutes
East 200 feet to an iron pipe, a corner of the Dogwood Acres Subdivision; thence North
84 degrees 53 minutes West 1552 feet to a point in the eastern right-of-way line of the
Smith Level Road, being State Road 1919, an iron located in the Northwest corner of Lot
1, Dogwood Acres Subdivision; thence along the eastern right-of-way line of the Smith
Level Road South 10 degrees 15 minutes West 300 feet, South 4 degrees 30 minutes West
162.6 feet to a point, thence continuing along the right-of-way line of the Smith Level
Road South 8 degrees 40 minutes East 777 feet to an iron pipe located in the South-
western corner of Lot 14 Dogwood Acres Subdivision; thence South 83 degrees 52 minutes
East?1381 feet to an iron pipe located in the Northwest corner of Lot 34, Dogwood Acres
Subdivision; thence South 7 degrees 40 'minutes West 458 feet to an iron, a common
corner of Dogwood Acres Subdivision and Dogwood Acres Subdivision Extension; thence
South 6 degrees 01 minutes West 1047.03 feet to a rock pile located in the most South-
erly corner of Lot 12 Dogwood Acres Subdivision Extension according to a map thereof
prepared by John R. Gove dated December 1954; it being a corner of property now or
formerly belonging to Sidney Crabtree; thence South 86 degrees 27 minutes East 1022.05
feet to rock pile located in the Southeast corner of Lot 17 of Dogwood Acres Subdivision
Extension; thence South 25 degrees 44 minutes East 535 feet to a point, a corner of the
Leroy Merritt property., running thence along the lines of the Leroy Merritt property
South 11 degrees East 918 feet, North 33 degrees East 397 feet, South 14 degrees East
500 feet, South 37 degrees 30 minutes East 560.10 feet to an iron pin in the northern
right-of-way line of U. S. Highway 15-501; thence along the northern right-of-way
of U. S. Highway 15-501 North 53 degrees 38 minutes East 246.56 feet to an iron stake,
a common corner between Leroy Merritt's and E. G. Merritt's property; thence along
the dividing line between E. G. Merrittls and Leroy Merritt's property North 1 degree
16 minutes Fast 1768.30 feet to an iron stake in the southern right-of-way line of
Dogwood Drive; thence within and along Dogwood Drive the following courses and distances:
North 43 degrees 37 minutes West 83.56 feet
North 36 degrees 24 minutes West 68.01 feet
North 29 degrees 29 minutes West 438.81 feet
North 10 degrees 28 minutes West 326.01 feet
North 11 degrees 28 minutes East 308.71 feet to the point of beginning.
NAME WITNESS
(b) That all of the territory described in said petition is located in the County
of Orange and that no municipal corporation or any part of the territory of a municipal
corporation is included in said territory.
(c) That said petition was duly signed by 83 freeholders residing within the
proposed sanitary district, that there are 167 freeholders who own real property within
the pooposed sanitary district, that 129 of said freeholders reside within the proposed
district, and that the number of resident freeholders who signed said petition is more
than 51% of the freeholders residing within said proposed sanitary district.
(d) That said petition requests the Board of Commissioners for the County of
Orange to take all necessary action recuired by Article 12 of Chapter 130 of the
General Statutes of North Carolina for the creation of a sanitary district comprising
the territory described therein and sets forth the boundaries of the proposed
sanitary district and the objects proposed to be accomplished by the creation of such
district.
_l
Section 2. That the Chairman of the Board of Commissioners is hereby authorized
and directed to notify the North Carolina State Board of Health of the receipt of said
petition and, with the State Health Director of said State Board of Health, to name a
time and place within the proposed sanitary district at which the Board of Commissioners
and a representative of said State Board of Health shall hold a joint public hearing
concerning the creation of the proposed sanitary district.
Bbox 7 PACE 91
Section 3 That said Chairman is hereby authorized and directed to give
prior notice of such hearing by posting a notice at the Courthouse door of the
County and also by publication in The Chapel Hill Weekly, a newspaper published
in Orange County, at least once a week for four successive weeks, which notice
shall be substantially in the following form;
NOTICE OF PUBLIC HEARING
ON THE
PROPOSED CREATION OF A SANITARY DISTRICT
IN ORANGE COUNTY
NOTICE is hereby given that a public hearing will be held at 7:30 o'clock
P.M. on Wednesday, February 14, 1968, at house owned by Leroy Merritt,'Merritt
Drive, Dogwood Acres, which public hearing will be held by the Board of
Commissioners for the County of Orange and a representative of the North Carolina
State Board of Health, upon a petition filed with the Board of Commissioners for
the County of Orange proposing the creation of a sanitary district to be
entitled: "Dogwood Acres Sanitary District". All of the territory proposed to
be included in such sanitary district is located in Orange County, North
Carolina, and the boundaries of such territory are as follows:
BEGINNING at a concrete monument located on the northern right-of-wa line
of Dogwood Drive, being State Road 1962, at the Southwest corner of Lot of
Dogwood Acres Subdivision according to the map thereof recorded in Map Book
4, page 113 of the Orange County Register; running thence along the southern
line of said Lot 64 South 86 degrees 55 minutes East 278 feet to an iron pipe
in the Southeastern corner of said Lot 64 of Dogwood Acres Subdivision. Thence
North 8 degrees 03 minutes Last 302 feet to an iron pipe located in the eastern
corner of Lot 66 Dogwood Acres Subdivision; thence North 32 degrees 55 minutes
West 1162.5 feet to an iron pipe in a rock pile in the line of Lot 74 of said
Dogwood Acres Subdivision; running thence North 77 degrees 15 minutes West 1514
feet to an iron pipe and pointers located in the Northwestern corner of Lot 87,
Dogwood Acres Subdivision; thence North 5 degrees 45 minutes East 200 feet to an
iron pipe, A corner of the Dogwood Acres Subdivision; thence North 84 degrees
53 minutes West 1552 feet to a point in the eastern right-of-way line of the
Smith Level Road, being State Road 1919, an iron located in the Northwest corner
of Lot 1, Dogwood Acres Subdivision; thence along the eastern right-of-way
line of the Smith Level Road South 10 degrees 15 minutes West 300 feet, South
4 degrees 30 minutes West 162.6 feet to a point, thence continuing along the
right-of-way line of the Smith Level Road South 8 degrees 40 minutes East 777
feet to an iron pipe located in the Southwestern corner of Lot 14 Dogwood Acres
Subdivision; thence South 83 degrees 52 minutes East 1381 feet to an iron pipe
located in the Northwest corner of Lot 34, Dogwood Acres Subdivision; thence
South 7 degrees 40 minutes West 458 feet to an iron, a common corner of Dogwood
Acres Subdivision and Dogwood Acres Subdivision Extension; thence South 6 degrees
01 minutes West 1047.03 feet to a rock pile located in the most Southerly corner
of Lot 12 Dogwood Acres Subdivision Extension according to a map thereof prepared
by Sohn R. Gove dated December 1954; it being a corner of property now or formerly
belonging to Sidney Crabtree; thence South 86 degrees 27 minutes East 1022.05
feet to rock pile located in the Southeast corner of Lot 17 of Dogwood Acres Sub-
division Extension; thence South 25 degrees 44 minutes East 535 feet to a point,
a corner of the Leroy Merritt property; running thence along the lines of the
Leroy Merritt property South 11 degrees East 918 feet, North 33 degrees East 397
feet, South 14 degrees East 500 feet, South 37 degrees 30 minutes East 560.10
feet to an iron pin in the northern right-of-way line of U. S. Highway 15-501;
thence along the northern right-of-way of U. S. Highway 15-501 North 53 degrees
38 minutes East 246.56 feet to an iron stake, a common corner between Leroy
Merritt's and E. G. Merritt's property; thence along the dividing line between
E. G. Merritt's and Leroy Merritt's property North 1 degree 16 minutes East
1768.30 feet to an iron stake in the southern right-of-way line of Dogwood Drive;
thence within and along Dogwood Drive the following courses and distances:
North 43 degrees 37 minutes West 83.56 feet, North 36 degrees 24 minutes West
68.01 feet, North 29 degrees 29 minutes West 438.81 feet, North 10 degrees 28
minutes West 326.01 feet, North 11 degrees 28 minutes East 308.71 feet to the
point of beginning.
The primary object proposed to be accomplished by the creation of such
sanitary district is the obtaining of a supply of raw or filtered water for
residents of the district for the preservation and procreation of the public
health and sanitary welfare within the proposed sanitary district. It has also
been requested that the proposed sanitary district be vested with all powers
granted to sanitary districts by G.S. 130-128.
At the time and place above stated any freeholder residing-within the
proposed sanitary district or any other interested person may appear and be heard.
Dated this 2nd day of January, 1968.
HQrvey D. Bennett
Chairman of Board-'Commissioners for the County of Orange
BOOK 7 PAGE 92
Section 4. That the Clerk of the Board of Commissioners is hereby directed
to certify a copy of this resolution to the North Carolina State Board of Health.
Thereupon, upon motion of Commissioner Smith, seconded by Commissioner Ward,
the foregoing resolution entitled: "RESOLUTION RELATING TO THE CREATION OF A SANITARY
DISTRICT" was passed by the following vote:
Ayes: Commissioners Bennett, Ray, Smith, Walker and Ward.
Noes: None"
Chairman Bennett read a letter from Paul 0. Alston, Executive Director of the
Joint Orange-Chatham Community Action, Inc., in which Mr. Alston expressed his
appreciation for Orange County's appropriation to said community action program.
The following letter from Pearson H. Stewart, Executive Director of the
Research Triangle Regional Planning Commission, was read by Chairman Bennett:
"Mr. Vance E. Swift, Chief
Community Services
Farmers Home Administration
U.S. Department of Agriculture
1330 St. Marys Street
Raleigh, North Carolina 27605
Dear Mr. Swift:
Thanks very much for asking Mr. Lawrence Alley to review the engineering plans for
the Orange-Alamance Water System with us. Mr. Alley came over yesterday morning and
spent about two hours with me and two others of the Commissions staff. We had a
very fruitful discussion.
I realize, as you pointed out, that the Orange-Alamance Water System application was
made long before June 30, 1967, and that consequently the project plans are not
formally subject to regional review.' Therefore, I will not ask the Research Triangle
Regional Planning commission to take formal action concerning the Orange-Alamance
system. I will, however, take the liberty of making these informal comments and send-
ing copies to the Orange-Alamance Water System pec?le and to the Orange County
Commissioners.
The Orange-Alamance system as proposed makes a great deal of sense. It will provide
water service to a sizable portion of the urbanizing center of Orange and Alamance
Counties. Its water source is the upper reaches of the Eno River which of necessity
has to supply a major portion of the water for central orange County. The location
of the system is basically in accordance with sound land development of the central
portion of Orange County.
I call particular attention to one aspect of the system and note my concurrence with
the proposal. The engineering drawings call for a two-way meter connection between the
Orange-Alamance system and the water system of the Town of Mebane. This connection is
designed to provide immediate water supply for the Orange-Alamance system during the
interim construction period when the Eno River treatment plant will not have been
completed. More basically, the two-way meter is designed to provide an emergency
connection between the two systems. The emergency connection can be used, of course, in
times of extreme disaster or of sudden loss of water in one or another of the systems.
This is entirely commendable.
In addition, there is provision for valves at either side of the two-way connection
meter. It is my understanding that these valves are to be maintained in a closed
position after the Orange-Alamance Eno River treatment plant goes into operation. This
is a very appropriate method of operation. With the prospective development of central
Orange County, designed to be served in part by the Orange-Alamance Water System,
there is serious question whether the Eno River which is the water supply being tapped
can provide adequate water for the Orange-Alamance system, the Town of Hillsborough
system, additional industrial development in central Orange County, and the Town of
Mebane system. With the valves being closed, as is proposed, there will be no such
problem in the future.
Of course, I can't help but wish that some of the very small sized lines could have
been sized for more growth than they are. However, I will not be more specific unless
you indicate that financial capabilities warrant more detail.
If I were to make & formal recommendation to the Research Triangle Regional Planning
Commission for review comment concerning the Orange-Alamance Water System, I would
recommend that the Commission comment that the plans for construction and operation `
are in accordance with sound planning for central Orange County."
Discussion ensued concerning said matter. Upon motion of Commissioner Smith, seconded by Commissioner Ray, and unanimously
adopted, the clerk was requested to forward the following letter to Vance E. Swift,
Chief Community Services:
BOOK ! PACE 93
/r "1 have been requested by the Orange County Board of Commissioners to
advise you as to their understanding concerning the above referred matter.
Said understanding being as follows:
1. That a two-way meter connection will be installed between the Orange-
Alamance and the town of Mebane water system.
2. That valves at either side of this connection will be installed.
3. That this connection is designed to provide immediate water supply
for Orange-Alamance system during the interim construction period of the ^
Eno River treatment plant.
4. That these valves are to be maintained in a closed position after the
Orange-Alamance Eno River treatment plant goes into operation, except during an
emergency caused by extreme disaster or a sudden lose of water in one or
another of the systems.
5. That the prospective development of central Orange County is most
promising and that Orange Alamanoels water system's fine efforts should aid in
this development.
6. That there is a serious question as to whether the Eno River can provide
adequate water for the Orange-Alamance system, the town of Hillsborough system,
additional industrial development in central Orange County and the town of Mebane.
The Board of Commissioners would like for you to have knowledge of their
concurrence with the above mentioned items and to know of their concern of our
water resources, as the county, may later need to get water from Durham and
Alamance Counties. The Board appreciates your continued interest in our county."
Chairman Bennett presented a letter from George M. Stockbridge, Executive
Secretary for the Health Planning Council, for Central North Carolina. Said
letter informed the Board in regular session the Health Planning Council had
unanimously indorsed the nomination of Mrs. Floyd Foushee as a member of the
Board of Directors representing Orange County. Mrs. Foushee,s term of office
will be from June 18, 1967 through June 18, 1970.
Upon motion of Commissioner Smith, seconded by Commissioner Walker, it
was moved and unanimously adopted, that Mrs. Floyd Foushee of Chapel Hill, N. C.
be appointed as Orange County's representative on the Health Planning Council
for a term from June 16, 1967 through June 18, 1970. The clerk was instructed
to inform Mr. Stockbridge of the Boards appointment.
The Orange County Board of Commissioners instructed the clerk to request
the addition to the State Highway System for the followi-ig roads:
Eno Presbyterian Church Cemetery Road
Orange Lake Road
Chapel Hill Senior High School Road
Umstead Drive from Bradley Road to Weiner Street
The County Administrator informed the Board that he had received an inquiry
from the Commissioners Association relative to the change of policy for the
issuance of the County Welfare checks from the State Department of Welfare.
Upon motion of Commissioner Ward, seconded by Commissioner Smith, it was
moved and unanimously adopted, that the policy for the issuance of County Welfare
checks now being issued be changed.and said checks may be issued by the State
Department of Welfare through a central bank account effective as of July 1, 1968.
There being no-further business to come before the board said meeting was
adjourned to meet again on Wednesday, February 14, 1968.
Betty June Hayes, Clerk
S. M. Gattis, Acting Clerk
Harvey D. Bennett, Chairman
f:?