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Home My WebLink AboutAgenda - 03-15-1994 - VIII-I r 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda= Item No �- ACTION AGENDA ITEM ABSTRACT Meeting Date: March 15, 1994 SUBJECT: 1994 Local Legislation -------------- -------------------------------------------------------- DEPARTMENT Co my Manager/Attorney PUBLIC HEARING YES NO X -------------- -------------------------------------------------------- ATTACHMENT(S) INFORMATION CONTACT Draft Legisla ion Rod Visser, ext 2300 Geof Gledhill, 732-2196 TELEPHONE NUMBER Hillsborough 732-8181 Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 -------------- -------------------------------------------------------- PURPOSE: To confirm those legislative issues that the Board of Commissioners ' ntends to submit to the Orange County legislative delegation for consideration in the 1994 Short Session of the General Assembly; and to establish a public hearing date for the 1994 legislative pa kage. BACKGROUND: T e Board of Commissioners is scheduled to discuss elements of th 1994 legislative package at its March 10 work session. The Board has lready indicated its intention to pursue legislation that would pe it the County to acquire property for the purpose of constructing s hool facilities using installment purchasing arrangements. Staff is recommending that the Board also seek legislation th t would permit the County to sell Geographic Information System (GIS) d to at reasonable cost, with the stipulation that purchasers of uch data may not resell the data or use it for trade or commercial pur ores. Attachments to this abstract include draft legislation th t is substantially in the form that would be presented to the Orange ounty legislative delegation. The County Att rney will provide information at the March 10 work session concer ing legislation that would make it unnecessary for the Board of C mmissioners to approve pyrotechnics displays that are authorized by the University of North Carolina and located on University pro erty. Any other potential legislation that the Board may discuss at the March 10 work session can be confirmed at the March 15 regular meeting. The Board may iLlSO want to consider holding a public hearing at its next regular meeting to obtain public input on proposed legislation. Results of the public hearing could be transmitted, along with proposed legislation, to the Orange County legislative delegation. The County has done this in years past at the request of the legislative delegation. 2 RECOMMENDATION: The Manager recommends that the Board authorize the County Attorney to complete the drafting of 1994 local legislation and to transmit it to the Orange County legislative delegation; further, that the Board set a public hearing on the 1994 legislative package for Monday, April 4, 1994, at 5:30pm at the Pleasant Green Community Center in Eno Township. PRAFT 3 AN*Til LUW OILM0E COMM 'TO ACQUM AND OTE MN 83 � PROP$RTY FOR USX BY A SCHOOL ADt�iI1ZI8TR11TIVS UNIT TEE COUNTY AND TO AM8N0 OBAMGE COTJ�ITY�B AUTHORITY TO IMPACT FE88. The al Assembly of North Carolina enacts: ion I. A county may acquire, by gift, grant, devise, beques , exchange, purchase, lease, or any other lawful method, the fee or lesser interest in real or personal property for use by a s administrative unit within the county. In esercising the poh power f eminent domain, a county shall use the procedures of 40A. A county may also construct, equip, expand, improve, ranova , repair or otherwise make available property for use by a school dministrative unit within the county and may lease, sell or otherw dispose of such property to a school administrative unit for price and upon such other terms as may be agreed upon by the and such school administrative unit. A ty shall use its authority under this section only upon the r est of the school administrative unit for which property is to be available pursuant to this section and after a public hear 8 1. Notwithstanding the provisions of G.B. IISC-516 and 6.8.16 -274 to the contrary, a school administrative unit may lease, sell or otherwise dispose of any of its property to the county in which the property is located for such price and upon such terns as may be agreed upon by the school administrative unit such county in connection with the construction, equi t, expansion, improvement, renovation or repair or othery making available for use by it of such property or same part o such property. A school administrative unit may also acqufr , by gift, grant, devise, bequest, exchange, purchase lease or any or lawful method, the fee or any lesser interest In real or per 1 property for use by it from the county in which it is locat and contract for the construction, equipment, expansion, improv t, renovation or repair or otherwise make available for use by t of such property or some part of such property upon such terms may be agreed upon by it and such county. 8 3. G.B. 153A-331(b) (2) and G.B. 153A-340(b) (2) are each to read: "(2) For purposes of this subsection, the term capital improvements includes the acquisition of land for open space and greenways, capital improvements to public streets, schools, bridges, sidewalks, DRAFT Dec, 13. 1993 9:41PM BROWN & WOOD DRAFT 4 bikeways, on and off street surface water drainage ditches, pipes, culverts, other drainage facilities, water and sever facilities and public recreation facilities and the tern costs includes obligations - incurred or assumed for payments with respect to borrowed money and for payments under leases which are required to be capitalised in accordance with generally accepted accounting principles and under installment sale contracts in connection with such capital imp.overents00 sea. 4. Sections' 1 and 3 of this act shall apply only to Orange County. Section 3 of this act shall apply only to orange county and only within the planning jurisdiction of orange Countyl provided, however, that any portion of an orange County ordinance that contains a system of impact fees to provide for capital improvements to public schools within orange county applies everywhere in Orange County, including within the corporate limits and the extraterritorial planning jurisdiction of any city, town, _ or municipal corporation within orange County. Sic. 5. Sections 1 and 3 of this act shall be deemed to provide an additional and alternative method for the doing of authorised thereby and shall be regarded as supplemental and �^ additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. References in this act to specific sections of the General statutes are intended to be references to such sections as they may be aawded from time to time by the General Assembly. This act shall be liberally construed to effectuate its purposes. insofar as the provisions of this act are inconsistent with the provisions of any general laws, this act shall be controlling. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. sec. 6. This act is effective upon its ratification. DRAFT 2 FROM STATE LIBRARY CF NORTH CAROLINA 1S5 08. T1 . 19?' 16: 59 5 f I GENERAL ASSEMBLY OF NORTH CAROLINA 1991 SESSION RATIFIED BILL CHAPTER 285 HOUSE BILL 356 AN ACT; MAKING A QUALIFIED EXCEPTION FROM THE PUBLIC RECORDS I ACT R DR CERTAIN GEOGRAPHICAL INFORMATION SYSTEMS. ,The Gen al Assembly of North Carolina enacts: Section 1. Geographical information systems databases and data files develope and operated by counties and cities are public records within the meaning of Chapt r 132 of the- General Statutes. The county or city shall provide public access to uch systems by public access terminals and other output devices. Upon request, t e county or city shall furnish copies, in documentary or electronic form, to anyone rq uesting them at reasonable cost. As a condition of furnishing an electronic +copy, wh ther on magnetic tape, magnetic disk, compact disk, or photo-optical device, a i county or city may require that the person obtaining the copy agree in writing t1 at the copy will not be resold or otherwise used for trade or commercial Ipurposes.. For purposes of this section, publication or broadcast by the news media shall not onstitute a resale or use of the data for trade or commercial purposes. Sec. 2. This act applies to Catawba and Lincoln Counties and the Cities of Conov r, Hickory, Lincolnton, and Newton only. Sec. 3. This act is effective upon ratification. In the General Assembly read three times and ratified this the 13th day of une, 1991 . i JAMES C. GARDNER James C. Gardner I President of the Senate l i Daniel Blue, Jr. Speaker of the House of Representatives i