HomeMy WebLinkAboutAgenda - 04-18-1978 AGENDA
ORANGE COUNTY BOARD OF COMMISSIONERS
COMMISSIONERS ROOM, COUNTY COURTHOUSE
HILLSBOROUGH, NORTH CAROLINA
TUESDAY, APRIL 19, �g�$
P. No
✓1. Does an Member of the Board desire to add additional items to
this a nda?
z.,-2. Minute of the April 3, 1978 meeting are submitted for consideration.
funds
The Ch pel Hill- btooCapital Outlay1under requesting
provisionsrof$GeS.o115-100.13
from C rrent Expense
(Agend Attachment I)
4. The nager recommends acquisition of five additional computer terminals
and 3 K of computer core to facilitate operation of the unified tax billin
syste . (Agenda Attachment )
5. The ting Planning Director will briefly report progress in developing
the mmuni ty Development Application.
6. The partment of Transportation recommends addition of Mildred Court
in F rest Park Subdivision to the State Secondary Road System.
(Age da- Attachment III)
U
1
CHAPEL HILL-CARRBORO CITY SCHOOLS
CHAPEL HILL. N. C.27514
ROBERT C.MANES.SUPERINTENDENT
CHARLES H.RIVERS.ASST.SU►/RINTENDENT
JUANITA FLOYD.DIR.Of PERSONNEL LINCOLN CENTER
JESSIE S.GOUGER.DIR.ELEM.EDUCATION MERRITT MILL RD.
KARL MARKUSON.DIR.BUSINESS 5ERVICKS TELEPHONE 919-967-8211
April 12, 1978
Mr. Richard Whitted, Chairman
Orange County Commissioners
Room 12
106 Margaret Lane
Hillsborough, North Carolina 27278
Dear Mr. Whitted: -
At its meeting on Monday evening, April 10, 1978, the Chapel Hill- -
Carrboro Board of Education voted unanimously (7-0), with all members
voting, to request that the county Commissioners authorize the transfer
of $140,198.00 from the unappropriated fund balance of the Chapel Hill-
Carrboro City Schools to the current year's capital outlay budget.
Attached is a certified copy of the resolution passed by the Board of
Education.
This request is being made pursuant to the requirements of G.S.
115-100.13.
The nature of the emergency that this transfer will meet is the
renovation of Lincoln Center. Bids have been received for this project
and the bids exceed available bond funds in the amount requested to be
transferred. The amount of money set aside for this project was based
upon estimates considered reasonable ones at the time they were made.
No more bond funds are available to meet this need nor are there sufficient
capital outlay funds in the current budget to meet this need. This de-
mand on the system's capital outlay funds was not foreseen when the
budget resolution was adopted last summer.
The renovation of Lincoln Center has become an emergency because
the present heating system has developed a major leak in the hot water
lines and the boiler has been declared unsafe for operation during
another heating season. If a new heating system is to be installed prior
to next winter, work must be begun immediately. In addition to the failing
heating system, the building has an over-loaded electrical system and a
number of temporary partitions which do not meet current building and
fire codes and which must be corrected at the time the heating system is
replaced.
The Board of Education has sufficient funds in unappropriated fund
balance in the current expense area to cover this transfer without having
any adverse affect on the system's current expense situation.
Mr. Richard Whitted -2- April 12, 1978
A copy of this request is being submitted to the Orange County
Board of Education for their information as required by G.S. 115-100.13.
Since the bids now received by the Board of Education have an
expiration date of April 30, 1978, the Board of Education requests that
you act upon this request prior to that date.
We are prepared to meet with you at your convenience to discuss
this request or to provide any additional information you may need.
We shall look forward to hearing from you in the near future..
Sincerely,
Robert C. Hanes
Superintendent
RCH:mw -
Enclosure
cc: Mr. Sam Gattis, County Manager
Ms. Agatha Johnson, Clerk to Orange County Commissioners
Mr. Oscar A. Compton, Chairman, Orange County Board of Education
Dr. Mike Simmons, Superintendent, Orange County Schools-
Certified Copy of Resolution Passed by the Board
of Education on Monday night, April 10, 1978
"That the Board request the county Commissioners to authorize
a transfer of funds in the amount of $140,198.00 from the current
expense unappropriated fund balance to capital outlay."
4obkert C. Hanes
Secretary, Chapel Hill-Carrboro
Board of Education
AGENDA ATTACHMENT I
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4 STATE OF ORTH CAROLINA
IN' T ENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
COUNTY OF ORANGE FILE NO. 76 CvS 454
: i
1 i
IN THE MA TER OF THE APPEAL )
CONSENT JUDGMENT
OF D. ST. PIERRE DUBOSE
3
THIS MATTER coming on to be heard before the undersigned j
Judge by and with the consent of the parties hereto;
AND IT APPEARING to the Court that this matter is before
the Court for review and approval by the Court of the provisions
of this Co sent Judgment;
AND IT FURTHER APPEARING to the Court that:
1. The Petitioner, D. St. Pierre DuBose, duly made appli-
cation to the Orange County Tax Supervisor's Office for a "presentl
use value assessment" for the year 1974 pursuant to North Carolina '
i
General Statutes 5105-277:2. 7 alleging that certain real pro-
perty owned by him constituted agricultural land and forest Land
as contemplated by North Carolina General Statute §105-277.3 (1) , !
(3) . J(Ii
I
2. petitioner's application was denied by the Orange
County Tax Supervisor's Office and the Orange County Commissioners
3. Petitioner duly appealed the aforesaid adverse decision
of the "Orrange County Commissioners to the North Carolina Prcperty
Tax Comma.s.s i on.
`k. In its o inal Decision"
rendered on June 22, 1975,
the North Carolina ]*operty Tax Commission denied the Patif-.i-"nrl e
"Petition for Review" of the decision of the North Carolina Pro-
perty Tax Commission in the Orange County Superior Court.
6. In a decision rendered at the March 28, 1977
Session of Orange County Superior Court, the Hor_°orable Davicf
Smith REMANDED this matter to the North Carolina Property Tdx
Commission for the limited purpose of allowing the Responderit,
Orange Co ty, to present rebuttal evidence on the sole issue of
whether or not p'etitioner's agricultural and forest lands were
under a "sound management program" as defined by North Carolina
General, Stitute §105-277.2 (6) . The aforesaid decision contained
n d
the furthe instruction that in the event that Orange County was
not able tc present convincing rebuttal evidence on the aforesaid
issue, tha the decision of the North Carolina Property Tax
Commission would be reversed and that Petitioner's application
for the "pr sent use value assessment" pursuant to North Carolina
General Sta ute 5105-277.2--.7 would be granted.
7 The Petitioner duly made application to the Orange
County Tax upervisor's Office for "present use value assessments"
for the years 1975, 1976, 3977 and 1978 pursuant to North Carolina
General. Stai�ute §105-277.2-. 7., In light of the fact that the
aforesaid a plicat.ions involve similar areas of dispute as Peti-
tioner' s 19'M application, in order to avoid unnecessary duplica-
tion and ex ease, the parties have reached a settlement on the
above-referenced applications in conjunction with the settlement
of Petitioner's 1974 application. _
8. The parties agree and the Court finds That the funda
mental issue, in controversy is the issue of whether the Petitioner's
agriculturaliland and forest land were under a "sound management"
ments of he North Carolina General Statute 5105-277.2-.7 con-
cerning t e subject classifications for the years 1974, 1975, 1976
1977 and 1978.
0. Subsequent to the order of the Honorable David
Smith and prior to rehearing in- the North Carolina Property Tax
Commission, the parties hereto have reached a settlement and com-
promise o their dispute as follows :
a. The Respondent has agreed to grant to the Petitioner
the forest land exception for the years 1975, 1976
and 1977 at a valuation of $200 per acre for 120 of
the 204 acres contained in the Meadowmont FarAs
in orange County, North Carolina;
• The Petitioner has agreed to withdraw his applica-
tion for agricultural and forest .land classification
for the year 1974 and would not be entitled to any
refund for the year 1974;
The Petitioner has agreed to withdraw his request
for the agricultural exception for the years 1975 ,
1976 and 1977;
d. The Petitioner has made application for both the
agricultural and forestry exceptions for 1978 and
said application has been reviewed by the Orange
County Tax Supervisor's office and has been approved
as to both exceptions;
e The parties agree and the Court finds that both the
agricultural and forest lands are currently under a
"sound management" program and thGlt the tax e)'cep-
j tions for agricultural and forest lands will k)e
� • rr
• S . a
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agreement, the Respondent: has refunded to the Po�ti -
tioner and the Petitioner has accepted the sum of
$13032. 72 as the total C'tmount of ad valorem talc
refund due to him for th6 Meadowmont Farm;
WFIEREFORE, IT IS DECREED that: all mattets and issue
currently in controversy between the parties have been resolved an
settled an : in subsequent years the parties shall abide by
the terms and conditions of their agreement as iiicorporated in
this Consent Judgment.
This the -/- day of , 8.
J Press zng
CONSENTED TO AS TO THE PROVISIONS AND AS TO THE
SIGNING OF I HIS CONSENT JUDGMENT OUT OF TERM AND
OUT OF DISTRICT:
Richard Whiffed, Chairman
Orange County Board of Commissioners
Orange Coun�,v Supervisor
y
1a—vi d M. S, I
:!ttorney fo f Respondent, Orange County
D. St. Pierre DuBose, PetltiFn-er
Fran. S. J on
Attorney f Petitioner
ADDENDUM TO CONTRACT
This Agreement is made as of this 18th day of April
19780 by and between Distributed Data Systems, Incorporated,
a North Caro!1ina corporation (DDS) and Orange County, North
Carolina (County) a body politic and corporate existing under
the Laws of North Carolina for the Addendum of the Contract
entered into between the parties on the 27th day of October, 1977.
The Con Tact is amended to Change Section IV to read
as follows:
SECTION IV "
PURCHASE PRICE AND METHOD OF PAYMENT -- The principal
amount of the equipment purchases is $ 179,815.00 as itemized
.in.. Exhibxt A� This price does not include taxes, transportation
charges, handling charges, or maintenance. The COUNTY will pay
for the equipment set out in Attachment A as follows:
A. $15,448.50 to DDS upon execution of this contract.
B. The balance of $164,370.50 plus interest at 8.50%
per annum, payable $19,681 .49 semi.--annually to DDS and its
assignee, as provided for in Paragraph XIV of this contract,
according to the payment schedule set out in Attachment B;. The
first such payment will be due upon acceptance by the COUNTY.
the COUNTY y prepay the principal balance shown in Attachment
B on or before the due date of any semi--annual. payment.
IN WITNESS WHEREOF; County and DDS have caused this Addendum
to Contract tp be executed by their respective officers hereunto
du,!�!.authorized, all as of the day and a first above written.
r Attst: f DTST B ED D INC.
(SEAL) By Xer
Title: President
At : i . ',t ORANGE COUNTY, NORTH CAROLINA
f3 oaf'
(SEAL) BY
1 f chard E t �
,,• `'`,, Whztted, Chairman Orange County Board Of Commissioner
J
Agat R. Jo✓hhso Clerk tO the
Boar of Oran e ounty Commissioners