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HomeMy WebLinkAboutAgenda - 05-01-1996 - VIII-C A 1 s ORANGE C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 1, 1996 Action Agenda Item # _� SUBJECT: 1996 Local Legislation DEPARTMENT: County Manager/ PUBLIC HEARING: Yes X No Attorney ATTACHMENT(S) : INFORMATION CONTACT: County Manager, ext 2300 Draft Legislation County Attorney, 732-2196 Related correspondence TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/ 968-4501 PURPOSE: To confirm the legislative issue that the Board of Commissioners intends to submit to the Orange County legislative delegation for consideration in the Short Session of the 1995 Session of the General Assembly. BACKGROUND: This legislation was submitted to Orange County's legislative delegation last year. However the bill was "pulled" from consideration because of questions raised by the Alamance County Board of Commissioners. REGION: That the Board adopt the Resolution, authorize the County Attorney to transmit the Resolution to Orange County's legislative delegation and authorize the Chair to send a letter from the Orange County Commissioners to the County Commissioners of Person and Caswell Counties requesting the support of those two counties for this legislation. lsg-3 ocleg.abs Z NORTH CAROLINA RESOLUTION REGARDING ORANGE COUNTY LEGISLATIVE MATTERS BE IT RESOLVED by the Board of Commissioners of Orange County that the Board hereby requests the Senators and Representatives representing Orange County to introduce and support the following legislative matter: AN ACT ADDING CASWELL AND PERSON COUNTIES TO THOSE COUNTIES AUTHORIZED BY CHAPTER 357 OF THE 1985 SESSION LAWS OF THE GENERAL ASSEMBLY OF NORTH CAROLINA TO ESTABLISH THE BOUNDARIES BETWEEN AND AMONG THEM BY THE USE OF ORTHOPHOTOGRAPHY (Exhibit A to this Resolution) . Upon motion of Commissioner , seconded by Commissioner , the foregoing resolution was adopted this the day of , 1996. I, Beverly Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. WITNESS my hand and the seal of said County, this day of 1996. Clerk to the Board of Commissioners lsg-3 1996 .1eg f EXHIBIT A 3 AN ACT ADDING CASWELL AND PERSON COUNTIES TO THOSE COUNTIES AUTHORIZED BY CHAPTER 357 OF THE 1985 SESSION LAWS OF THE GENERAL ASSEMBLY OF NORTH CAROLINA TO ESTABLISH THE BOUNDARIES BETWEEN AND AMONG THEM BY THE USE OF ORTHOPHOTOGRAPHY The General Assembly of North Carolina enacts: Section 1. Caswell and Person Counties are hereby added to those counties authorized by Chapter 357 of the 1985 Session Laws to establish the boundary between each of them and any other county pursuant to North Carolina General Statutes S 153A-18(a) by the use of base maps prepared from orthophotography as provided in Chapter 357 of the 1985 Session Laws. Section 2. This act applies only to Caswell and Person Counties. Section 3. This act is effective upon ratification. 4 May 1, 1996 Mr. Jeremiah Jefferies, Chair Mr. Bobby Aldridge Mr. John Blackwell Mr. John D. Foster Mr. W. N. Taylor Ms. Patricia Warren Mr. R. David Wrenn Caswell County Board of Commissioners Post Office Box 98 Yanceyville, North Carolina 27379 RE: Boundary with Orange County Dear Board Members: Enclosed is a copy of a Resolution adopted by the Orange County Board of Commissioners which includes a proposed local act which will authorize, but not require, the resolution of the boundaries between our two counties by orthophotographic means. The general law requires boundary resolutions by conventional surveying techniques, a very expensive process. We provided you with a copy of a similar bill last year which would have provided the authority sought here for resolution of the Alamance County Orange County boundary as well, that was presented to our local legislative delegation last year and requested your support for it. We did not hear directly from you. We received unanimous support from the members of the Person County Board of Commissioners. That bill, however, was pulled from consideration because of questions raised about its need as between Orange and Alamance Counties by the Alamance County Board of Commissioners. We are meeting with that Board this summer to try to resolve those questions. In the meantime, we would like to move ahead with obtaining the authorization requested here with respect to Caswell and Person Counties. Development along our shared boundary is occurring at an ever increasing frequency. The Orange County Commissioners hope you share our interest in providing citizens along the border with a definite "yes" or "no" to the question: which county is my land in? 5 Caswell County Board of Commissioners Page 2 May 1, 1996 For your convenience I have enclosed a Resolution for your consideration. If the enclosed Resolution meets your satisfaction, please return an executed copy of it to our attorney as soon as you can. If you have any questions about this, please feel free to call me or you may call our attorney. His name is Geoffrey Gledhill. He can be reached by mail at Coleman, Gledhill & Hargrave, P.C. , Post Office Drawer 1529, Hillsborough, NC 27278, or by calling 919-732-2196. Sincerely, Moses Carey, Jr. Chair, Orange County Board of Commissioners MC/GEG/lsg Enclosure xc: Bill Hurdle, Chair, Person County Board of Commissioners lsg-3 carecasw.ltr 6 r NORTH CAROLINA RESOLUTION REGARDING CASWELL COUNTY LEGISLATIVE MATTERS BE IT RESOLVED by the Board of Commissioners of Caswell County that the Board hereby supports the following legislative matter: AN ACT ADDING CASWELL AND PERSON COUNTIES TO THOSE COUNTIES AUTHORIZED BY CHAPTER 357 OF THE 1985 SESSION LAWS OF THE GENERAL ASSEMBLY OF NORTH CAROLINA TO ESTABLISH THE BOUNDARIES BETWEEN AND AMONG THEM BY THE USE OF ORTHOPHOTOGRAPHY (Exhibit A to this Resolution) . Upon motion of Commissioner , seconded by Commissioner , the foregoing resolution was adopted this the day of , 1996. I, , Clerk to the Board of Commissioners for the County of Caswell, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. WITNESS my hand and the seal of said County, this day of 1996. Clerk to the Board of Commissioners EXHIBIT A 7 r AN ACT ADDING CASWELL AND PERSON COUNTIES TO THOSE COUNTIES AUTHORIZED BY CHAPTER 357 OF THE 1985 SESSION LAWS OF THE GENERAL ASSEMBLY OF NORTH CAROLINA TO ESTABLISH THE BOUNDARIES BETWEEN AND AMONG THEM BY THE USE OF ORTHOPHOTOGRAPHY The General Assembly of North Carolina enacts: Section 1. Caswell and Person Counties are hereby added to those counties authorized by Chapter 357 of the 1985 Session Laws to establish the boundary between each of them and any other county pursuant to North Carolina General Statutes S 153A-18(a) by the use of base maps prepared from orthophotography as provided in Chapter 357 of the 1985 Session Laws. Section 2. This act applies only to Caswell and Person Counties. Section 3. This act is effective upon ratification. 8 .ORANGE COUNTY HILLSBOROUGH NORTH CAROLINA EitabfiAzd 7752 March 21, 1995 Mr. Jeremiah Jefferies, Chair Caswell County Board of Commissioners Post Office Box 98 Yanceyville, North Carolina 27379 RE: Boundary with Orange County Dear Mr. Jefferies : The Orange County Board of Commissioners is asking its legislative delegation to introduce and support a local bill which will permit the resolution of boundary uncertainties between Caswell County and Orange County by orthophotographic means . In 1985 Orange County received authorization from the General Assembly to reestablish its boundary with Chatham County by this method. That process proved extremely helpful and efficient. Orange County now has a modern surveyed boundary with Chatham County that was accomplished at relatively low cost. As you know, there is more and more interest in developing land along the boundary between our counties . It has become more and more important to persons purchasing property along the boundary to know now and forevermore in which county their property is located. We know this because we are receiving increasingly more requests for assurance on this point. Real estate contracts are more and more conditioned on this assurance and since Orange County cannot provide it, do not "close. " The uncertainty of the location of the boundary also forces land owners near the border of our county to record their real estate transaction instruments in both counties to insure their titles . I hope that in the future we can resolve boundary questions involving our two counties by this orthophotographic method. In the meantime, all that the local bill that we are submitting to the legislature will do will be to authorize this process. It will in no way require our counties to proceed under this process . In that regard, the local bill will only pertain to North Carolina General 9 Mr. Jeremiah Jefferies Page 2 March 21, 1995 Statutes S 153A-18 (a) which is, in its entirety, permissive and not mandatory. Thank you for your support of this legislative initiative. Sincerely, Moses Carey, Jr. Chair, Orange County Board of Commissioners MC/GEG/lsg Enclosures xc : W. B. Teague, Jr. , Chair Alamance County Board of Commissioners H. G. Stonebraker, Chair, Person County Board of Commissioners 1sg\home3\moses2.ltr 10 r May 1, 1996 Mr. Bill Hurdle, Chair Ms. Jean Andrews Mr. Edwin Knott Mr. Johnny Lunsford Ms. Leigh Woodall Person County Board of Commissioners Person County Courthouse Main Street Roxboro, North Carolina 27573 RE: Boundary with Orange County Dear Board Members: Enclosed is a copy of a Resolution adopted by the Orange County Board of Commissioners which includes a proposed local act which will authorize, but not require, the resolution of the boundaries between our two counties by orthophotographic means. The general law requires boundary resolutions by conventional surveying techniques, a very expensive process. You'll recall that last year you supported a similar bill offered by Orange County. A copy of your letter of support is enclosed. That bill included Alamance County and was "pulled" during the legislative process because of questions raised about its need as between Orange and Alamance Counties by the Alamance County Board of Commissioners. Orange County will continue to discuss this question with Alamance County. In the meantime, there does not seem to be any reason to delay obtaining legislative authorization to determine our respective boundary. Development along our shared boundary is occurring at an ever increasing frequency. The Orange County Commissioners hope you share our interest in providing citizens along the border with a definite "yes" or "no" to the question: which county is my land in? For your convenience I have enclosed a Resolution for your consideration. If the enclosed Resolution meets your satisfaction, please return an executed copy of it to our attorney as soon as you can. If you have any questions about this, please feel free to IL Person County Board of Commissioners Page 2 May 1, 1996 call me or you may call our attorney. His name is Geoffrey Gledhill. He can be reached by mail at Coleman, Gledhill & Hargrave, P.C. , Post Office Drawer 1529, Hillsborough, NC 27278, or by calling 919-732-2196. Sincerely, Moses Carey, Jr. Chair, Orange County Board of Commissioners MC/GEG/lsg Enclosures xc: Jeremiah Jefferies, Chair, Caswell County Board of Commissioners lsg-3 carepers.ltr 12 r NORTH CAROLINA RESOLUTION REGARDING PERSON COUNTY LEGISLATIVE MATTERS BE IT RESOLVED by the Board of Commissioners of Person County that the Board hereby supports the following legislative matter: AN ACT ADDING CASWELL AND PERSON COUNTIES TO THOSE COUNTIES AUTHORIZED BY CHAPTER 357 OF THE 1985 SESSION LAWS OF THE GENERAL ASSEMBLY OF NORTH CAROLINA TO ESTABLISH THE BOUNDARIES BETWEEN AND AMONG THEM BY THE USE OF ORTHOPHOTOGRAPHY (Exhibit A to this Resolution) . Upon motion of Commissioner , seconded by Commissioner , the foregoing resolution was adopted this the day of , 1996 . I, , Clerk to the Board of Commissioners for the County of Person, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. WITNESS my hand and the seal of said County, this day of , 1996. Clerk to the Board of Commissioners lsg-3 caswpers.res EXHIBIT A 13 AN ACT ADDING CASWELL AND PERSON COUNTIES TO THOSE COUNTIES AUTHORIZED BY CHAPTER 357 OF THE 1985 SESSION LAWS OF THE GENERAL ASSEMBLY OF NORTH CAROLINA TO ESTABLISH THE BOUNDARIES BETWEEN AND AMONG THEM BY THE USE OF ORTHOPHOTOGRAPHY The General Assembly of North Carolina enacts: Section 1. Caswell and Person Counties are hereby added to those counties authorized by Chapter 357 of the 1985 Session Laws to establish the boundary between each of them and any other county pursuant to North Carolina General Statutes S 153A-18(a) by the use of base maps prepared from orthophotography as provided in Chapter 357 of the 1985 Session Laws. Section 2. This act applies only to Caswell and Person Counties. Section 3. This act is effective upon ratification. 1 � �GOuN1Y GOI.E. 14 i\S�.1s C...I 41 1 o iJJ5 *...+ t PERSON COUNTY 7�C��OW Co C 201 BOARD OF COUNTY COMMISSIONERS Person County Office Building, Room 212 304 South Morgan Street Roxboro, North Carolina 27573-5245 (910) 597-1720 FAX(910)599-1609 May 3, 1995 The Honorable Moses Carey, Jr., Chairman Orange County Board of Commissioners Orange County Government Services Center 200 South Cameron Street - Hillsborough, North Carolina 27278 Dear Mr. Carey: The Person County Board of Commissioners, at its regularly scheduled meeting of May 1, 1995, voted unanimously to support Orange County's request for local legislation to pursue certain clarifications of boundary uncertainties between Person and Orange counties. Please let us know how we might assist you in this endeavor. Sincerely, William R. Hurdle Chairman WRH/bhj f l ORANGE COUNTY 15 HILLSBOROUGH NORTH CAROLINA ,—qaEa9&Lf.d 7752 March 21, 1995 Mr. H. G. Stonebraker, Chair Person County Board of Commissioners Person County Courthouse Main Street Roxboro, North Carolina 27573 RE: Boundary with Orange County Dear Mr. Stonebraker: The Orange County Board of Commissioners is asking its legislative delegation to introduce and support a local bill which will permit the resolution of boundary uncertainties between Person County and Orange County by orthophoto graphic means . In 1985 Orange County received authorization from the General Assembly to reestablish its boundary with Chatham County by this method. That process proved extremely helpful and efficient. Orange County now has a modern surveyed boundary with Chatham County that was accomplished at relatively low cost. As you know, there is more and more interest in developing land along the boundary between our counties . It has become more and more important to persons purchasing property along the boundary to know now and forevermore in which county their property is located. We know this because we are receiving increasingly more requests for assurance on this point. Real estate contracts are more and more conditioned on this assurance and since Orange County cannot provide it, do not "close. " The uncertainty of the location of the boundary also forces land owners near the border of our county to record their real estate transaction instruments in both counties to insure their titles. I hope that in the future we can resolve boundary questions involving our two counties by this orthophotographic method. In the meantime, all that the local bill that we are submitting to the legislature will do will be to authorize this process . It will in ► no way require our counties to proceed under this process. In that regard, the local bill wi,.l only pertain to North Carolina General 16 j Mr. H. G. Stonebraker Page 2 March 21, 1995 Statutes S 153A-18 (a) which is, in its entirety, permissive and not mandatory. Thank you for your support of this legislative initiative. Sincerely, Moses Carey, Jr. Chair, Orange County Boar of Commissioners MC/GEG/lsg Enclosures xc : W. B. Teague, Jr. , Chair Alamance County Board of Commissioners Jeremiah Jefferies, Chair, Caswell County Board of Commissioners 1sg\home3\moses3.1tr