HomeMy WebLinkAboutMinutes - 19700908BOCK 7 PAGE 304 MINUTES OF THE ORANGE COUNTX
BOARD DF COMMISSIODIERS
September $, 1970
The Board of Commissioners of Orange County met in regular aeeaion at 1D:00
o~clock A,M, an September 8, 1970, in the Cemmisaionere Room at the Courthouse in
Hillsborough, North Carolina,
Members Present: Chairman Cart M, Smith, and Commissioners Harvey D. Sennett,
William C. Rap, Henry S, Nalker and Ira A, Ward,
Members Absent: None
Minutes of the previous meetings were read and approved,
Chairman Smith adjourned the Board of Commissioners and said meeting was
re-convened as Board of Commissioners far the Orange County Housing Authority.
Chairman Smith reoognized Coolidge Porterfield, Secretary of the Orange
County Housing Authority. For minutes of this meeting see minute docket of the
Orange County Housing Authority.
Chairman Smith adjourned the Board of Commissioners for t'_ie Orange County
Housing Authority meeting and said meeting was re-convened as a Board of County
Commissioners.
Chairman Smith recognized Mr. G•ibaon oP the Joint Crange-Chatham Community
Action Agenoy, Ina. who was also representing the Orange Local Development Corporation,
which is a non-vrofit organization, established for the purpose of doing business
with the Small Business Administration. Mr. Gibson explained that a contract of
agreement moat be signed by Orange Cevnty before the Local Development Corporation
could sell stook in said corporation, ]H acuasion ensued and the matter was referred
to the County Attorney,
The Board moved the place oP meeting to the Conference Roam of the Social
Services Building as the Grand jury was in session and needed the Commissioners room.
~hairman Smith recognized Fred Cates, Mayer of the Town oP Hillsborough. Mr,
Cates advised the Board that the non-profit corporation, which had bean established
Por the purpose oP handling the legal requirements Por the corporation, was ready
to let the contract for the aonatruetion of the water line to the Colonial Hills
area. Considerable discussion ensued relative to how the corporation would repay
the money loaned by the County far the aonatruetion of said line, Commissioner
Sennett inquired as to how much interest the corporation would be willing to pay _,
on the initial loan, Further dissuasion ensued. It was agreed that Chairman
Smith, the County Attorney and the County Administrator would meet with Mayor
Cates at 5 P,M, in the County Administrator's office Por the purpose of working out
the details oP the repayment of the said $28,000.00.
Upon motion oP Commissioner Ray, seconded by Commissioner Ward, it was moved
and adopted that the agreement Por the recovery of the County funds be referred
back to the Board of Commissioners Por the final approval of the Board.
Commissioner Ray recognized Lacy Tinnin and DeLsay Parker. Road petitions for
SA 1333, 1332 and 131}3 were submitted. The clerk was requested to forward same to
the State Highway Commission.
Norman Long, Zoning Officer, introduced Homer Tapp. Mr. Tapp presented a map
of the subdivision oP 133deaway Aare s. Mr, Long stated that the County Planning Board
had approved the map and recommended that the Board of Commissioners authorize
Chairman Smith to sign said map in order that Mr, Tapp might record same.
Upon motion of Commissioner Bennett, seconded by Commissioner Ward, it was
moved and adopted that the recommendation of the County Planning Board be approved
and that Chairman Smith be authorized to sign said map.
Mr, Long advised the Board that a public hearing should be scheduled sometime
in the near future. The Board designated Monday, October 5, 1970, as the date for
the public hearing which would begin at 8 P.M, in the courtroom at the aourthouae
in Hillsborough.
Mr, Lang advised the Board that the Building Council had informed him that
after the first of the year the National Electrical Code would be effective
throughout the State of North Carolina and that if any county desired amendmenta.to
the said code that they must be filed with the Building Council before the first
of the year in order that said amendments might be considered. Mr, Long stated
that Mr. Rosamond and Mr, Morrow, Orange County~a Electrical Inapeators, were of
the opinion that two items in the current county code 'should be retained and that
these two items dealt with the metallic raceways and the minimum size of said lines.
i
sa~~ a PACE aos
Discussion ensued relative to the proposals of the County~s Electrical
Inapeatora. Mr. Long stated that justification for said amendments must be presented
if the Board of Connnisaioners so desired to have these amendments incorporated
as a part of the Orange County Code. The clerk was instructed to write letters
of inquiry to the electrical companies operating within Orange County relative
to the matter of the proposed amendments.
Quentin Patterson, Representative of the Soil Conservation Service, reported
an the progress being made on the sediment structures for Lake Orange. He stated
that a Memorandum of Understanding and a Operation and Maintenance Agreement For ~
Structural Measures must be signed by Orange County and the Soil Conservation
-- Service and that a contracting officer must be designated.
Upon motion oP Commissioner Walker, seconded by Commissioner Ward and
Bennett, St was moved and adopted that Chairman Smith be authorized to sign the
Memorandum oP Understanding and Operation and Mainteaance Agreement For Structural
Measures sad that S. M. Gattis, County Administrator be appointed as the j
aontraating officer relative to all matters concerning the Lake Orange sediment ~
project. i
MEMORANDUM OF UNDERSTANDING
BF"'u THE
ORANGE COUNTY BOARD OF COMMISSIONERS
STATE OF' 210FtTH CAROLINA
AND THE
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE ~
i
I
!
THIS MEMORANDUM OF UNDERSTANDING, made and entered into this
8th day of September, 1970, by and between the Drange,County Board ~
oP Commissioners of the State of North Carolina, (hereinafter referred
to as County) and the United Staten Department of Agriculture, Soil
Conservation Service, (hereinafter called the Service). i
AUTHORITY - Section 102 of the Food and Agriculture Act of 1962,
Public Law 87-703.
_ STATEMENT OF PURPOSE:
The proposed sediment and flood storage structures are located
within the Orange Soil and Water Conservation District as part of the
North Central Piedmont Resource Conservation and Development Project.
The structures will provide sediment and flood prevention to Lake
Orange. The County and the Service have a mutual interest in the
development of this proposal. Thie Memorandum of Understanding is
entered into to establish a basis for continuing cooperation and to
define the necessary arrangement for the orderly and progressive
development of the Project.
THE SERVICE WTI,Lt
1. Provide such teohnical aervicea as may be available to:
a. Prepare preliminary designs and coat eatimatea. ~
b. Prepare drawing and speaiflaation for bids and construction
purposes; also, auah revisions ea may be required during the
administration of the aonatruction contract.
a. Prepare coat eatimatea and performance eatimatea as may be
required to Psailitate contract administration.
2. Provide 80 percent of the aonatruction cost of the atruaturea.
Total construction costa of which are estimated to be $65,000.
3. Provide the aervicea oP a government representative and such in-
spectors as may be reauired to assist in the installation of the
structural works.
- l~. Provide auah other assistance as may be mutually determined to
be needed and beneficial in the development of the project.
THE COUNTY WILL:
1. Acquire without coat to the Service such easements and rS,ghta-
of -way necessary Por construction, operation and maintenance
of sediment and Plood storage atruatures. -
J
BOGK ~ PAGE 306
~ 2. Contract for the aonstruation of sediment and flood storage
atructurea on Lake Orange Project in accordance with Federal
contract procedures.
3. Work with the Orange Soil and Water Conservation District to
encourage landowners and eperatora to develop conservation
plane and install and maintain the land treatment measures _
. Por the protection of the sediment and flood storage atruaturea. i
ly. Be responsible Por operation and maintenance of atruaturea in
aacordanae with an Operation and Maintenance agreement with the
Service. _
IT .IS FURTHER MUTUALLY AGREED THAT:
1. Costa shown in this Memorandum of Understanding represent estimates.
The coat to each party hereto will be determined by the aatusl aoata
incurred in the installation of the project measure.
2. This Memorandum oP Understanding done not constitute a financial
document to serve as a basis for the obligation of Federal fund a.
Financial and other aesiatanea to be furniahad by the Service in
carrying out its obligations under this Memorandum oP Understanding
is contingent on the appropriation of funds Por this purpose.
Where there ie a Service contribution to the construction coats
of the project measure, a separate agreement, in connection with
each construction aontraot, will be entered into between the Service
and the District, prior to the issuance of the invitation for bids.
Such agreement will set forth in detail the financial and working
arrangements and other conditions that are applicable of the
parties hereto.
3. This Memorandum of Understanding may be modified or terminated only
by mutual agreement of the parties hereto.
ly. The program aonduated will be in compliance with all requirements
respecting nondiscrimination as contained in the Civil Rights Act
of 196L}, and the re lationa of the Secretary of Agriculture
(7 C.F.R. Section 1~,1-15.15) which pxovides that no person in the -
United States shall on the grounds of race, color or national
origin be excluded Prom participation in, be denied the benefits oP,
or be subjected to discrimination under any activity receiving
Federal Pinanaisl assistance.
$. No member of or delegate to Congress or Resident Commissioner shall
be admitted to any share or part oP this agreement or to any
benefits that may arise therefrom; but this provision shall not be
construed to extend to this agreement if made with a oorparation far
its general benefit.
zN WITNESS WHEREOF, the parties have executed this Memorandum of Under-
standing on the dap, month, and year fir at above written.
ORANGE COUNTY BOARD OF COMMISSIONERS This action authorised at
an official meeting of the
HY /s/ C. M. Smith ~ _ Orange Cvunty Board of
- Commisaionera on 8th dap of
Title Chairman September, 1970, at
Eillaborough, State of North
:Carolina.
UNITED STATES DEPARTMF,NT OF AGRICULTURE
SOIL CONSERVATION SERVICE
Bp
Title State Conservationist
OPERATION AND MAINTENANCE AGREEMENT
FOR
STRUCTURAL MEASURES
THIS AGR~' made on September 8, 1970 is between the Soil _
Conservation Service, United States Department of Agriculture,
hereinafter referred to as the Service, and the following
organization (s), hereinafter referred to as the Spanaor:
The Orange County Board of Commissioners
aooK 7 PncE 30'7
The Sponsor and the service agree to Garry out the plan on the attached
~bagea for the operation and maintenance of structural measures in the Lake
Orange Project oP the North Central Piedmont Resource Conservation and
Development Project, State oP North Carolina. The measures covered by this
agreement are identified as: Three sediment and flood storage structures.
` Name of Sponsor The Orange County Board oP Commissioners
By C. M. Smith Title Chairman
-_. This action was authorized at an official meeting of the Sponsor named
immediately above on September 8, 1970 at Hillsborough, North Carolina.
Attest S. M. Gattis Title Count Administrator
Soil Conservation Service, united States Department oP Agriculture
Sy Title
OPERATION AND MAINTENANCE PLAN
I. OPERATIONS
A. The Sponsor will be reaponaible for and will operate or have operated
without cost to the Service the structural measures in compliance with
any applicable Federal, State and local laws, and in a manner that will
assure that the structural measures will serve the purpose for which
installed as set forth in the project plan.
B. The Service will, upon request of the Sponsor and to the extent that
its resources permit, provide consultative assistance in the operation
of the structural measure a.
II. MAINTENANCE
A. The Sponaar will:
1. Be reaponaible for and promptly perform or have performed without
Goat to the Service except ae provided in Paragraph III,
Established Period, all maintenance of the structural measures
determined by either the Sponsor or the Service to be needed.
2. Obtain .prior Service approval of all plane, designs and
apecifiaationa Por maintenance work involving major repair.
B, The Service will, upon request of the Sponsor and to the extent that
its reaouraea will permit, provide consultative assistance in the
preparation oP plane, designs and specifications for needed repair
oP the atruatural measures.
TTT. ESTABLTSHMENT PERIOD
A. During an Establishment Period, as herein defined, the Service will
bear such part of the coat of any-.needed major repairs to the
atruatural measures, including associated vegetative werk, as is
proportionate to the original sonatruction costa borne by the Service
in the sonatruction of the structural measures except that the Service
will not bear any of the coat for:
1. Repairs determined by the Service to have been ocasaioned by
improper operation or maintenance, or both.
2. Repairs that are mutually determined by the Sponsor and the
Service as being items of normal maintenance rather than major
repair and are not therefore in keeping with the spirit and
intent of the Establishment Period provisions.
B. The Establishment Period for structural measures (exclusive of any
associated vegetative work) is a period of three years ending at
midnight oa tbs third anniversary oP the date on which the structural
measure is accepted.
C. The Establishment Period for vegetative work associated with a structural
measure is s period Prom date oP acceptance of the initial vegetative
work to midnight oP the date on which the Service writes the Sponsor
advising that an adequate vegetative cover hsa been obtained. Rowever,
this period shall not exceed two growing seasons or the end of the _
Establishment Period for the associated structural measure whichever is
greater in time. ~'' i
BOOK 7 PAGE 308
D. As used in the two preceed9.ng paragraphs, and elsewhere in
this Plan, the following words have the meanings described
~" below:
"ACCEPTED ACCEPTANCE: The date on which the Sponsor
receives from the ervice a written notice that the
structural measures have been accepted from the contractor."
ADE~IIATE VEGETATIVE COVER: A minimum of seventy percent
(70 ) cover of the desirable species, with no active rilling
that cannot be controlled by the vegetation. i
E. Major repair may involve such things as (1) repairing -
separated joints, cracks or breaks in the principal spill-
way, (2) correcting seepage, (3) replacing significant
backfill around structures resulting from major erosion
damage, (1{.) major revegetatioa due to failure to obtain an
adequate vegetative cover, and (s) restoring areas with
significant erasion caused by unusual flow (volume, re-
aurrence or extended period of time) Sn emergency spillways.
EP. No action with reapeat to needed repairs during the Eatabliah-
ment Period will be taken by the Sponsor of the Service which
would lessen or adversely affect any legal liability of any `
contractor or his surety for payment of the coat of the
repairs.
IV. INSPECTIONS AND REPORTS
A. During the Establishment Period the Sponsor sad the Service
will jointly inspect the structural measures at least annually
and after unusually severe floods or the oaaurrenae of any
other unusual condition that might adversely affect the
atruatural measures, It is desirable the annual inapeationa
be performed during the month shown below. Any supplemental
inspections then determined necessary will be scheduled and
agreed to at that time.
(Month) Julq -
B. After the Establishment Period the structural measures will
be inspected annually by the Spvnaor, preferably during the
month shown below, and after unusually severe floods or the
oaeurrenee of any other unusual condition that might
adversely affect the atruatural measures.
(Month) _ July
C. After the Establishment Period the Service may inspect the
structural measures at any reasonable time.
D. A written report will be made of each inspection. The report
of joint inapeationa will b® prepared by the Sponsor with the
assistance of the Service. A copy of each report will be
provided by the party preparing the report to the other party
within ten days of the date on which the inspection was made.
v. RECORns
The Sponsor will maintain in a centralized location a record of
all inapeationa performed both individually and jointly by the
Sponsor and the Service, and of all significant actions taken
by the Sponsor with respect to operation and maintenance. The
Servi.ae may inspect these records at any reasonable time.
VI. GENERAL
A. The Sponsor will:
1. Prohibit the installation of any struaturaa or Psailitiea
that will interfere with the operation or maintenance of
the structural measures.
2. Obtain prior Service approval of the nlana and specifications
far any alteration or improvement to the structural measures. _
3. Obtain prior Service approval of any agreement to be
entered into with other parties for the operation or main»
tenants of all or any part oP the structural measures, and
provide the Service with a copy of the agreement after it
has been signed by the Sponsor and the other party.
1
k . ---
aoc~ 7 PAGE 309' '
B, Service personnel will be provided the right of free access to the
/ structural measures at any reasonable time for the purpose of carrying
out the terms of thin Plan.
C. The responaibilitiea of the Sponsor under this Plan are effective
simultaneously with the acceptance of the works oP improvement in
whole or in part.
VII. SPECIAL PROVISIONS - None
~-
--Chairman ~nith agpointed Commissioner Bennett and Commissioner Ray to meet
with the Town of Chapel Hill for the purpose of discussing the ambulance service
for the Chapel Hill area.
Chairman Smith appointed Commissioner Ward and Commissioner Walker to meet
with the Town of Chapel Hill about the posaib5lity of the purchase of land for
a sanitary land fill area., , - .. - - -.. _ -
Mr. pert Pierce, County Extension Chairman, recommended, by way of letter,'
that the Following persona be appointed to the County Agricultural Advisory
Committae.They were:•MraB, M. Tusk, RFD, Mebane, N. C.; W, C. Ray, Route 2,
.Hillsborough, ld, C., Idra. Lawrence Vanhook, Route 1, Cedar Drove, N. C,;
Walter McDade, Route 1, Efland, N. C,; and Mra. M. C, Burg Sr,~.Rt2, Hillsborough,
N. C. Discussion ensued relative to these appointments.
Upon motion of Commissioner Ward, seconded by Commissioner Walker, it wsa
moved and adapted, that the individuals recommended by the Chairman of the County
Extension Service be appointed as members of the Agricultural Advisory Committee.
Chairman Smith read a letter from Mrs. Mary R. Brooke. Mra, Brooke
requested that there be a reduction in the tax value of all the property in her
area, because of a pig farm owned by W. B, Thanker was creating obnoxious odors
for the entire area. The matter wsa referred to the Board of Equalization and
Review.
The Tax Supervisor reported ta_.the..8oard that an error had been made in ~
1969 in the estimate of the stage of completion of the North Hampton Plaza
apartment pro~eat, He stated that the tax value was based on the ass~ption I
that the apartment pro~eat was seventy percent (70`g) completed at the time
of the tax assessment, however, the property owner had filed with the tax ~
department a letter from the general contractor which certified that the pro~eat
.. was approximately fifty-five percent (~5~) complete as of January 1, 19b9. Due
to the facts presented, in the letter, the Tax Supervisor recommmended that a
release sufficient to refloat the fifteen percent (1~~) variation in the project ,
be authorized by the Board.
Upon motion of 'Commissioner Bennett, seconded by Commissioner Walker, it
was moved and adopted, that the Tax Supervisor be authorized to release the i
fifteen percent (15~) variation from the 1969 tax assessment on the North Hampton
Plaza apartment unit. ~
Commissioner Ray suggested that the County proceed with the sewerage
feasibility study for the Efland-Buckhorn area. Discussion ensued.
Upon motion of Commissioner Bennett, seconded by Comun:isaioner Ray, it was
moved and adopted that the County proceed with the sewerage feasibility study
for the Efland-Huakhorn area and that the County Administrator be directed to
aantaat the engineering firm of Alley, Williams, Carmen and Bing for the purpose
of proceeding with this study.
Chairman Smith was authorized to sign the following Blind Aid Agenda:
AID TO THE BL1ND AGENDA i
September 8, 1970
NAME _ EFE. DATE AMOUNT REASON ~
-- -
NEW REJECTION I
01ice Thomas 8-1-70 Denied - income exceeds needs
David Clay Poole 9-1-70 Denied - income exceeds needs
R~rzszoN
George Scott 9-1-70 122 - 77 Budget revised to show a resource
REINSTATEMENT
Marvin Jarrett 10-1-70 68.00 Transferred from Alamance County
I
eaa~ 7 Pnce 3~.0
Chairman Smith filed the following items with the Clerk:
1. Letter from J. Temple Gobbel, Chairman Alcoholic Beverage Control
Board.
2. Letter of appreciation from 3. N. Shelton, Agriculture Eatenslon Agent. -
3. Report from I. L, Clayton - ].~ Sales and IIse Tax Collection By
Counties for July, 1970.
1~.. Grand Jury Report J --
5. Resolution Prom Haywood County Board of Commissioners - Social Services.
6. Letter of endorsement from Onelow County Board of Commissioners - Social
Services.
7. Letter of appreciation from Orange Soil and Water Conservation District
sopropriation oP funds for 1971.
8. Letter from Fred M. Houser, Clerk Lincoln County Board of Commissioners -
Study of Local and Ad Valorem Tea Structure.
9. Letter from Ebert Pierce, County ~~xteneion Chairman - appointment of
members to the Orange County tension Advisory Board.
10. Announcement from Department of Social Services - Jail and 7]etention
Services School.
11. Letter from Quention Patterson - Morgan Creek watershed.
12. Board minutes - Health Planning Council for Central North Cerol3na.
13. Newsletter - Department of Social Services.
14. Annual Report - Orange Soil and Water Conservation District.
There being no further business to some before the Board the
meeting wee adjourned.
Carl M. Smith, Chairman
Betty June Hayes, Clerk
.-,.,_ _