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Page 2 <br />L & W Memo to BOCC <br />The Boazd of Health passed the following motion at its regular meeting on May 17: <br />"The decision on the L & W Enterprises appeal on the order to vacate spaces as outlined fn the <br />order dated March 19, 2001 be delayed until the regularly scheduled June .Board of Health <br />meeting on June 28, 2001. At that time L ~ W must have completed the following: <br />Documentation/paperwork that specifies that: <br />• The extension of sewer by the City of Durham to the L c~ W Mobile Home Park is to be <br />owned by the City of Durham; <br />• A provision that limits Durham's annexation of the Park to a future date (unspecified). At <br />the future date that Durham wishes to annex the property, another request for annexation <br />should be filed with Orange County; <br />• A financial instrument/vehicle be provided to the Orange County Board of Commissioners <br />and the Board of Health that provides assurance that funds are available for the construction <br />of the force main and lift station AND for a regular schedule of pump and haul sufficient to <br />prevent surfacing and ponding sewage far the entare interim period prior to the force main <br />and lift station being in full service; and <br />• Seek approval by the Orange County Commissioners by docketing the proposed ownership of <br />the system by the City of Durham as specified above no later than the Commissioners <br />meeting scheduled for June 19, 2001. " <br />As you can see from the above motion, there are many steps that L & W Enterprises must <br />undergo before the Board of Health makes a final determination on upholding the order to vacate <br />the affected spaces in the March 19, 2001 notice. The Boazd of Health was quite cleaz that <br />residents could not be allowed to continue to live in a situation that places their health at risk <br />with surfacing sewage. They expressed the intent to uphold the order if the above conditions aze <br />not met within the specified time frame. The Board was also quite specific about financial <br />assurances for interim pump and haul to continue at an interval sufficient to prevent surfacing <br />and ponding of sewage. <br />Mr. Hornik, on behalf of Mr. Paschall (L & W Enterprises) requested that the Boazd of Health <br />send a letter of request for cooperation to both jurisdictions that aze involved in resolving this <br />matter. This letter fulfills that request. <br />I am confident that you will work with Mr. Paschall to expedite any reasonable request to obtain <br />approvals for the resolution of this matter. Ron Holdway and I aze available to answer any <br />questions that you may have regarding this matter. <br />Cc: Geoff Gledhill, Orange County Attorney <br />Bob Hornik, Attorney for L & W Enterprises <br />Wayne Paschall, L & W Enterprises <br />Ron Holdway <br />Paul Thames <br />Orange County Board of Health <br />11 <br />C:\windows\TEMP\BOCC letter OSOl.doc <br />