HomeMy WebLinkAboutORD-2006-025 - Voluntary Agricultural District Designation: Pearson Property�y.
1 ORANGE COUNTY
2 VOLUNTARY FARMLAND PROTECTION ORDINANCE
3
4 ARTICLE 1
5 TITLE
6
7 An ordinance of the Board of County Commissioners of ORANGE COUNTY, NORTH
8 CAROLINA, entitled, "VOLUNTARY FARNII.AND PROTECTION ORDINANCE."
9
10 ARTICLE H
11 AUTHORITY
12
13 The articles and sections of this ordinance are adopted pursuant to authority conferred by the
14 N.C.G.S. Sections 106 -735 through 106 -744 and Chapter 153A.
15
16 ARTICLE III
17 PURPOSE
18
19 Through its plans, ordinances and other programs, it is the expressed policy of Orange
20 County to conserve, protect and encourage the preservation and improvement of agricultural
21 land within the County boundaries as a critical component of the County's cultural and rural
22 character and its economy by virtue of the production of food, fiber and other products. The
23 purpose of this ordinance is to reduce the loss of productive and existing farmland by
24 promoting agricultural values and the general welfare of the County, recognize the existence
25 of important farmlands by seeking to minimize risks of nuisance suits that arise from the
26 onset of other land uses, encourage participation in voluntary programs to preserve and
27 protect farmland from non -farm development and increase identity and awareness of the
28 agricultural community, and its role in the economic and cultural quality of life for all
29 County residents.
30
31
32 ARTICLE IV
33 DEFINITIONS
34
35 The following are defined for purposes of this ordinance:
36
37 Board: Orange County Agricultural Preservation Board.
38
39 Chair: Chairperson of the Orange County Agricultural Preservation Board.
40
41 District: Voluntary Agricultural District as established by this ordinance.
42
43 Board of Commissioners: Orange County Board of Commissioners.
44
45 Qualifying Farm_ A farm that has met the qualification criteria set out in Article VII of this
46 ordinance, is certified for the Voluntary Agricultural District Program.
47
2
3
4
6
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
i¢
Certified Oualifving Farm: A farm that has met the criteria as a "qualifying farm" above,
and has executed the provisions of Article VII.A, including the conservation agreement as
specified herein.
ARTICLE V
AGRICULTURAL PRESERVATION BOARD
A. Creation
An Orange County Agricultural Preservation Board, consisting of seven (7) initial
members appointed by the Board of County Commissioners, is hereby established.
Thereafter, the Agricultural Preservation Board shall consist of up to seven (7) at -large
members plus one member from each Agricultural District created and existing under this
Ordinance, with members selected from Certified Qualifying Farms within Voluntary
Agricultural Districts, appointed by the Board of County Commissioners. Additional
appointments may be made to satisfy the requirements of Section IV.B.l.b.of this
ordinance.
B. Membership
1. Requirements
a. Each Board member shall be a resident of Orange County.
b. Each Agricultural District existing pursuant to this ordinance shall be
represented on the Board by a person owning farmland on a Certified
Qualifying Farm within the District. The Board of County Commissioners
shall appoint the Agricultural District representatives and shall make its
selection of a representative for each Agricultural District from among
Certified Qualifying Farms within the District.
C. The remaining members of the Board shall be appointed at -large by the
Board of County Commissioners to represent a broad range of agricultural
interests.
2. Tenure
39 Each member shall serve a term of three (3) years, except that the initial Board is
40 to consist of two (2) appointees for terms of two (2) years, two (2) appointees for
41 terms of three (3) years, and three (3) appointees for terms of four (4) years.
42 Thereafter, all appointments are to be for terms of three (3) years, with
43 reappointments permitted. Notwithstanding the term limits contained in this
44 section, Agricultural District representatives may be appointed and re- appointed
1s
1 as necessary to insure that each District is represented as provided in Section
2 B.Lb of this Ordinance.
4 3. Vacancies
5
6 Any vacancy on the Board is to be filled for the remainder of the unexpired term.
7
8 C. Removal
9
10 Any member of the Advisory Board may be removed by the Board of Commissioners upon
11 a two- thirds vote of the Commissioners. No cause for removal shall be required. The Board may
12 recommend that members not meeting attendance standards be removed by the Board of
13 Commissioners. If an appointee, in any calendar year has absences which constitute more than 25
14 percent of the regularly scheduled Board meetings or three consecutive meetings, whichever
15 comes first, which he or she is required to attend, he or she is obligated to resign. The Board of
16 Commissioners may consider extenuating circumstances. If the individual . refuses to resign, he or
17 she may be removed by action of the Board of County Commissioners, by a majority vote,
18 subject to state or local law. A leave of absence may be granted for extraordinary circumstances,
19 such as illness or personal circumstances, upon request to the Board of Commissioners.
20
21 D. Board Procedure
22
23 The Board shall develop procedures for the conduct of its meetings, in addition to those
24 listed here, which shall be consistent with this ordinance, other provisions of State law,
25 and Robert's Rules of Order.
26
27 1. Chair and Vice -Chair
2s
29 The Board shall elect a Chair and Vice -Chair each year at its February meeting. The
30 Chair shall preside over all regular or special meetings of the Board. In the absence
31 or disability of the Chair, the Vice -chair shall preside and shall exercise all the
32 powers of the Chair. Additional officers may be elected as needed. The Chair and
33 Vice -Chair shall serve terms of one (1) year and shall be eligible for re- election.
34 Both may be eligible to succeed themselves for three (3) terms.
35
36 2. Advisory Board Year
37
38 The Board shall use the Orange County fiscal year as its meeting year.
39
40 3. Meetings
41
42 Regular meetings of the Board shall be held on the third Wednesday of each month
43 at a time established by the Board. When the regular meeting day falls on a legal
44 holiday, the Board may call a special meeting.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Special meetings may be called by the Chair or by written request of two (2)
members of the Board, submitted to the Board or the Chair. Written or oral notice of
special meetings shall be given to all members at least forty-eight (48) hours prior to
the meeting and shall state the time, place and purpose of the meeting.
All meetings shall be open to the public.
4. Quorum and Majority Vote
A quorum of the Board shall consist of a majority of the appointed members of the
Board. All issues shall be decided by a majority vote of the members of the Board,
except as otherwise stated herein or in the adopted Rules of Procedure.
5. Records
The Board shall keep minutes of the proceedings showing the vote of each member
upon each question, or if absent or failing to vote, indicating such fact, and shall
keep records of its examinations and other official actions, all of which shall be filed
in the office of the Advisory Board and shall be a public record.
E. Duties
The Board shall have the authority to:
1. Review and approve the form of the agreement to sustain agriculture required in
Section V of this ordinance;
2. Review and approve applications for qualifying farmland certification and make
recommendations concerning the establishment and modification of Agricultural
Districts and participating farms therein as defined in this Ordinance;
3. Review and make recommendations concerning proposed amendments to this
ordinance;
4. Conduct public hearings;
5. Hold joint public hearings with the Orange County Board of Commissioners on
public projects likely to have an impact on agricultural operations within Orange
County,
6. Advise the Board of County Commissioners on projects, programs or issues
affecting the agricultural economy or activities within the county and that will
affect Agricultural Districts;
4
ic0
1
2
3
4
5
6
7
s
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
0
I�
A
7. Study additional methods of farmland preservation and make recommendations to
the Orange County Board of Commissioners; and
8. Perform other related tasks or duties assigned by the Orange County Board of
County Commissioners; and
9. Provide recommendations and input on modifications to the countywide farmland
protection plan, incorporated in the County's Lands Legacy Program, as defined in
N.C.G.S. § 106 -744 (e) (1) for presentation to the Board of Commissioners.
ARTICLE VI
CREATION OF VOLUNTARY AGRICULTURAL DISTRICTS
Districts
Orange County is hereby divided into 7 Voluntary Agricultural Districts that will become
effective upon implementation as provided in this Article. The boundaries of each District
are identified as follows and are depicted on the map which is Exhibit A to this Ordinance:
1. Cedar Grove
2. High Rock / Efland
3. Cane Creek / Buckhorn
4. White Cross
5. New Hope
6. Schley / Eno
7. Caldwell
Implementation
In order to implement the purposes stated in Article III, this, program provides for the
creation of Voluntary Agricultural Districts that meet the following standard:
The District shall consist of a minimum of one or more Certified Qualifying Farms.
Farmland that does not meet the minimum acreage requirement to be certified but that meets
all other certification qualifications may be added to an existing District upon execution by
the owner and the recording of a conservation agreement between the County and the
owner.
Education
E
1 The County may take such action as it deems appropriate through the Board or other entities
2 or individuals to encourage the formation of the Districts and to further their purposes and
3 objectives, including the implementation of public information programs to reasonably
4 inform landowners of the agricultural district program.
5
6 D. Addition and Withdrawal
7
8 1. Qualifying farmland shall be added to a Voluntary Agricultural District as provided
9 in this Ordinance.
10
11 2. In the event that one or more Certified Qualifying Farms in the District withdraws
12 and the acreage in the District becomes less than the minimum acreage required, a
13 Voluntary Agricultural District will continue to exist so long as there is one Certified
14 Qualifying Farm in the District.
15
16 ARTICLE VII
17 CERTIFICATION AND QUALIFICATION OF FARMLAND
18
19 A. Requirements
20
21 To secure County certification as qualifying farmland (Certified Qualifying Farm), a farm must:
22
23 1. Consist of a minimum of 20 contiguous acres;
24
25 2. Be participating in the farm present - use -value taxation program established by
26 N.C.G.S. §105 -277.2 through §105- 277.7, or is otherwise determined by the county
27 to meet all the qualifications of this program set forth in G.S. 105 -277.3 ;
28
29 3. Be certified by the Natural Resources Conservation Service of the United States
30 Department of Agriculture as being a farm on which at least two- thirds of the land is
31 composed of soils that:
32
33 a. Are best suited for providing food, seed, fiber, forage, timber, forestry
34 products, horticultural crops and oil seed crops;
35
36 b. Have good soil qualities;
37 .
38 c. Are favorable for all major crops common to the county where the land is
39 located;
40
41 d. Have a favorable growing season; and
42
43 e. Receive the available moisture needed to produce high yields for an average
44 of eight out of ten years;
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
19
OR
Have been actively used in agricultural, horticultural or forestry operations as
defined by N.C.G.S. §105-277.2 (1,2,3) during each of the five previous years,
measured from the date on which the determination must be made as to whether the
land in question qualifies;
4. Be managed, if highly erodible land exists on the farm, in accordance with the
Natural Resources Conservation Service defined erosion - control practices that are
addressed to said highly - erodible land; and
5. Be the subject of a conservation agreement, as defined in N.C.G.S. §121 -35,
between the County and the owner of such land that prohibits non -farm use or
development of such land for a period of at least ten years, except for the creation of
not more than three lots that meet applicable County zoning and subdivision
regulations.
ARTICLE VIII
APPLICATION, APPROVAL, AND APPEAL PROCEDURE
Application and Certification Procedures
A farmland owner may apply for either certification as qualifying farmland or for qualifying
farmland designation. For a farmland owner to receive the benefits provided by this
Ordinance, the farm must be certified as qualifying farmland (Certified Qualifying Farm) by
the Board and approved and designated as within a Voluntary Agricultural District by the
Board of Commissioners.
1. Applications for qualifying farmland certification shall be made to the County
Environment and Resource Conservation Department on forms provided by the
Department.
2. The Environment and Resource Conservation Department shall review each
application for completeness. When complete, the application shall be forwarded to:
a. The tax supervisor's office; and
b. The local office of the Natural Resources Conservation Service of the United
States Department of Agriculture.
Within 30 days of receiving an application, the offices stated in this subsection shall
evaluate the application for compliance with the requirements of this subsection A.2.
and return their findings to , the Environment and Resource Conservation
7
1 Department. The Environment and Resource Conservation Department shall present
2 the application for consideration at the first meeting of the Board, following receipt
3 of the findings of the offices stated in this subsection.
4
5 3. Within 60 days of receipt of the findings of the tax supervisor and Natural Resources
6 Conservation Service offices, the Board will render a decision regarding the
7 application for qualifying farmland status, and, if applicable, prepare a
8 recommendation to the Board of Commissioners regarding the establishment of a
9 Voluntary Agricultural District. The chair of the Board will notify the applicant by
10 mail of the Board's decision as to whether the real property for which certification is
11 sought satisfies the criteria established in this Ordinance and has been certified as
12 qualifying farmland. The chair of the Board will also notify the applicant of the
13 Board's recommendation concerning Voluntary Agricultural District designation.
14
15 4. Upon receipt of the recommendation of the Board, the Board of Commissioners may
16 consider establishment of a Voluntary Agricultural District. In deciding whether to
17 establish a District, the Board of Commissioners shall consider the findings of the
18 tax supervisor and Natural Resources Conservation Service offices as well as the
19 recommendation of the Board.
20
21 5. Upon approval by the Board of Commissioners, the establishment of a Voluntary
22 Agricultural District shall become effective upon recordation of the necessary.
23 conservation agreements, prepared in accordance with Article VII, Section A.S.,
24 executed by the landowner and the county, and recorded in the County register of
25 deeds as provided in G.S. 121 -41.
26
27 6. Upon recordation of the requisite number of conservation easements, the
28 Environment and Resource Conservation Department will notify the tax supervisor
29 of the Voluntary Agricultural District established. The District and each requisite
30 conservation easement will be identified on the County GIS.
31
32 B. Renewal of Conservation Agreement
33
34 Prior to the expiration of the conservation agreement defined herein, the owners of the
35 qualifying farmland may renew it for an additional 10 -year period by recording with the
36 Orange County Register of Deeds a Declaration of Renewal. Conservation agreements not
37 renewed prior to the expiration of the 10 -year period may be renewed pursuant to a new
38 application for qualifying farmland as provided in this Ordinance.
39
40
41
42
43
44
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
A.
c
ARTICLE IX
REVOCATION OF PRESERVATION AGREEMENT
By written notice to the Board, a landowner of qualifying farmland may revoke the
Conservation Agreement or the Board may revoke the same Conservation Agreement based.
on noncompliance by the landowner, subject to the same provisions as contained in' Article
VIII for appeal of denials. Such revocation shall result in loss of qualifying farm status and
loss of eligibility to participate in a District. Absent noncompliance by the landowner,
neither the Board nor the Board of Commissioners shall revoke any conservation
agreements prior to its expiration.
ARTICLE X
PUBLIC HEARINGS
ose
Pursuant to N.C.G.S. §106 -740, no State or local public agency or governmental unit may
formally initiate any action to condemn any interest in qualifying farmland within a District
until such agency or unit has requested the Board to hold a public hearing on the proposed
condemnation.
Procedure
1. Upon receiving a request, the Board shall publish notice describing the proposed
action in the appropriate newspapers of Orange County within five (5) business days
of the request, and will in the same notice notify the public of a public hearing on the
proposed condemnation, to be held within ten (10) days of receipt of the request.
2. The Board shall meet to review:
a. Whether the need for the project has been satisfactorily established by the
agency or unit of government involved, including a review of any fiscal
impact analysis conducted by the agency involved; and
b. Whether there are alternatives to the proposed action that have less impact
and are less disruptive to the agricultural activities of the District within
which the proposed action is to take place.
3. The Board shall consult with the Environment and Resource Conservation
Department, County Agricultural Extension Agent, the Natural Resources
Conservation Service District Conservationist, and any other individuals, agencies,
or organizations deemed by the Board to be necessary for its review of the proposed
action.
E
Q1
QQ
1
2
4.
Within five (5) days after the hearing, the Board shall make a report containing its
3
findings and recommendations regarding the proposed action. The report shall be
4
made available to the public prior to its being conveyed to the decision - making body
5
of the agency proposing the acquisition.
6
7
5.
There will be a period of ten (10) days allowed for public comment on the report of
8
the Board.
9
10
6.
After the ten (10) day period for public comment has expired, the Board shall submit
11
a final report containing all of its findings and recommendations regarding the
12
proposed action to the decision making body of the agency proposing the
13
acquisition.
14
15
7.
The total time period, from the day that a request for a hearing has been received to
16
the day that a final ' report is issued to the decision making body of the agency
17
proposing the acquisition, shall not exceed thirty (30) days. If the agency agrees to
18
an extension, the agency and the Board shall mutually agree upon a schedule to be
19
set forth in writing and made available to the public.
20
21
8.
Pursuant to N.C.G.S. §106 -740, the Board of Commissioners shall not permit any
22
formal initiation of condemnation by local agencies while the proposed
23
condemnation is properly before the Board.
24
25
26
ARTICLE M
27
NOTIFICATION
28
29 A
Record Notice of Proximity to Voluntary Agricultural District
30
31
1.
Procedure
32
33
The Orange County Land Records Department shall implement and enforce the
34
following requirements outlined in this section. Upon certification of qualifying
35
farmland and designation of real property as a District, the PIN History to that
36
qualifying farmland and real property, which is contained in the Orange County
37
Land Records System, shall be changed to include a notice reasonably calculated to
38
alert a person researching the title of a particular tract that is located within one -half
39
aerial mile of a qualifying farm in a Voluntary Agricultural District of the existence
40
of a qualifying farm in a Voluntary Agricultural District.
41
42
2.
Limit of Liability
43
10
'Q3
1 In no event shall the County or any of its officers, employees, or agents be held
2 liable in damages for any misfeasance, malfeasance, or nonfeasance occurring in
3 good faith in connection with the duties or obligations imposed by this ordinance.
4
5 3. No Cause of Action
6
7 In no event shall any cause of action arise out of the failure of a person researching
8 the title of a particular tract to report to any person the proximity of the tract to a
9 qualifying farm or voluntary agricultural district as defined in this ordinance.
10
11 B. Signage
12
13 Signs identifying approved agricultural districts shall be placed along the rights -of -way of
14 major roads that pass through or next to those districts. Additionally, signs shall be posted
15 at the perimeter of qualifying farms that have executed the Conservation Agreement to
16 participate in the District. Placement of signage shall be coordinated with the N.C.
17 Department of Transportation.
18
19 C. Maps
20
21 Maps identifying approved Voluntary Agricultural Districts qualifying farms shall also be
22 provided to the following agencies or offices:
23
24 a. Register of Deeds;
25 b. U.S. Natural Resources Conservation Service / N.C. Soil and Water Conservation
26 District;
27 C. North Carolina Cooperative Extension Service;
28 d. Planning and Inspections Department; and
29 e. Any other such agency or office the Board deems appropriate.
30
31
32 ARTICLE XII
33 SUBDIVISION REGULATIONS AND ZONING ORDINANCE REVIEW
34
35 Developers of major subdivisions or planned unit developments shall designate on any final
36 plats to be recorded the existence of the Districts within one (1) aerial mile(s) of the
37 proposed development.
38
39
40 ARTICLE XIII
41 WAIVER OF WATER AND SEWER ASSESSMENTS
42
43 A. Abeyance
44
11
a-
1
Water and sewer assessments for systems owned or operated by Orange County shall be
2
held in abeyance, without interest, for farms in an agricultural'district, until improvements
3
on such property are connected to the water or sewer system for which the assessment was
4
made.
5
6
B.
Termination of Abeyance
7
8
When the period of abeyance ends, the assessment is payable in accordance with the terms
9
set out in the assessment resolution.
10
11
C.
Suspension of Statute of Limitations
12
13
Statutes of limitations are suspended during the time that any assessment is held in abeyance
14
without interest.
15
16
D.
Other Statutory Abeyance Procedures
17
18
Nothing in this section is intended to diminish the authority of the County to hold
19
assessments in abeyance under N.C.G.S. §153A-201, or other applicable law.
20
21
E.
Conflict with Water and/or Sewer System Construction and Improvements Grants
22
23
To the extent that this section conflicts with the terms of federal, state, or other grants under
24
which county water and/or sewer systems are constructed this Article shall not apply.
25
26
27
ARTICLE MV
28
COUNTY LAND USE PLANNING
29
30
A.
Duty of the Board
31
32
It shall be the duty of the Board and the Environment and Resource Conservation
33
Department to advise the Board of Commissioners on the status, progress, and activities of
34
the county's agricultural district program and to also coordinate the formation and
35
maintenance of agricultural districts with the County's comprehensive planning and
36
elements of the County Comprehensive Plan.
37
38
B.
Posting of Notice
39
40
The following notice, of a size and form suitable for posting, shall be posted in the office of
41
the Register of Deeds and the Land Records Department:
42
43
Orange County has established agricultural districts to protect and preserve agricultural
44
lands and activities. These districts have been developed and mapped by the County to
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
rA
inform all purchasers of real property that certain agricultural and forestry activities,
including standard agricultural practices that may occur in these districts in accord with
Federal, State and local ordinances and laws. Maps and information on the location and
establishment of these districts can be obtained from the Environment and Resource
Conservation Department office.
ARTICLE XV
CONSULTATION AUTHORITY
The Board may consult with the Environment and Resource Conservation Department, the
North Carolina Cooperative Extension Service, the Natural Resources Conservation Service
office, the North Carolina Department of Agriculture and Consumer Services, and with any
other individual, agency, or organization the Board deems necessary to properly conduct its
business. The Environment and Resource Conservation Department is designated as the
primary staff support to the Board.
ARTICLE XVI
NORTH CAROLINA AGENCY NOTIFICATION
Annual Report to the North Carolina Department of Agriculture and Consumer Services
A copy of this ordinance shall be sernt to the Office of the North Carolina Commissioner of
Agriculture and Consumer Services, the Board of Commissioners, the County Office of the
North Carolina Cooperative Extension Service, and the Soil and Water Conservation
District office after adoption. At least annually the county shall submit a written report to
the Commissioner of Agriculture and Consumer Services on the county's agricultural district
program, including the following information:
1. Number of landowners enrolled;
2. Number of acres enrolled;
3. Number of acres certified during the reporting period;
4. Number of acres denied during the reporting period;
5. Number of acres for which applications are pending;
6. Copies of any amendments to the ordinance; and
7. Any other information the Advisory Board deems useful.
Severabilitv
ARTICLE XVII
LEGAL PROVISIONS
13
ER
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
If any article, section, subsection, clause, phrase, or portion of this ordinance is for any
reason found invalid or unconstitutional by any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this ordinance.
B. Amendments
This ordinance may be amended from time to time by the Board of Commissioners.
ARTICLE XVIII
PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS
A. As provided in the N.C. General Statutes, Section 106 -744, and included in the County's
Lands Legacy Program, Orange County may, with the voluntary consent of landowners,
acquire by purchase agricultural conservation easements on qualifying farmland as
defined in this ordinance and located within a Voluntary Agricultural District as defined
in this ordinance.
This ordinance shall be effective from and after April 1, 1992.
Duly adopted by the Board of Commissioners of the County of Orange, North Carolina, this 24th
day of March, 1992.
Amended:. 9/22/92; 5/24/93; 4/17/00, 6/23/05.
ARTICLE XIX
ENACTMENT
The Orange County Board of Commissioners hereby adopts and enacts the preceding
articles and sections of this ordinance.
Adopted this the 23'd day of June, 2005.
Motion for adoption by Commissioner Barry Jacobs, and seconded by Commissioner
Stephen Halldotis.
14
KIT
�— 2o6G O Z $
y
2005, they have more restricted the way that an appraiser can apply the schedule of values in
dealing with a double wide.
Commissioner Halkiotis asked about the difference in value and Nancy Brooks said that
it was appraised at $150,000 and now it is $106,000.
John Link said that the Machinery Act was enacted in the 1930's and it has not been
changed since then. This is a perfect example of why this act is archaic. The County made a
mistake and the best they can do is to let the legislators know. It is called a Machinery Act
because they work through machinery in the process, a non - feeling mechanical process of
evaluating taxes. He said that in Orange County they need' to highlight in their materials to
taxpayers that they should beware and look at the tax values.
Chair Jacobs asked Goof Gledhill about the legal consequence of refunding this tax and
Goof Gledhill said that the tax would be considered not paid and presumably some citizen could
sue for the recovery of that tax, and each Commissioner would be personally responsible for the
recovery of the tax.
Nancy Brooks asked where her tax money went. Goof Gledhill said that the money was
put in the general fund.
Chair Jacobs said that they do not have a satisfactory answer and there was another
problem earlier in the year similar to this.
Nancy Brooks said that she has been ripped off for nine years and it is not right.
Chair Jacobs said that if they could think of something else to do, then they would do it.
He thinks that they should put a big warning in the tax inserts about this.
Commissioner Halkiotis asked if there was any other remedy and Goof Gledhill said
there is no other legal recourse. He said that the taxpayer could sue for refund and they
would have to prove to the court, and in his opinion what happened in this circumstance does
not qualify for either one of the three reasons that the statutes provide.
Chair Jacobs said that they could help Nancy Brooks by not contesting' her lawsuit and
Goof Gledhill said perhaps.
Chair Jacobs said that the County could' decide not to send its attorney to court and the
judge might decide in Nancy Brooks' favor.
y. Voluntary Agricultural District Designation: Pearson Property
The Board considered an application from (William) Adrian Pearson for certification as
qualifying farmland within the Caldwell Voluntary Agricultural District.
Chair Jacobs wanted to thank Mr. Pearson for putting this property into the Voluntary
Agricultural District. He asked how many acres it was and ERCD Directory Dave Stancil said 50
acres, which brings them to around 2,180 acres in the program.
A motion was made by Chair Jacobs, seconded by Commissioner Halkiotis to approve
an application from (William) Adrian Pearson for certification as qualifying farmland within the
Caldwell` Voluntary Agricultural District.
VOTE: UNANIMOUS
aa. NC Hwy 57 Speedway Area Small Area Plan
The Board considered authorizing Planning and Economic Development staff members
to develop a Small Area Plan process for the NC Highway 57 Speedway area.
Chair Jacobs said that the first meeting of this group is the East of the Board of County
Commissioners' meetings before the break. He said that the County Commissioners keep
asking staff to please not schedule meetings without checking the schedule. He asked the staff
to bring this back with a different schedule.
Planning Director Craig Benedict said that this was probably a clerical error.
Commissioner Gordon asked about the group and how the County Commissioners were
going to appoint this group. Craig .Benedict said that they want to call a group of citizens