Loading...
HomeMy WebLinkAboutAgenda - 06-05-1986 ORANGE COUNTY BOARD OF COMMISSIONERS RESCHEDULED REGULAR MEETING THURSDAY, JUNE 5, 1986 7: 30 P.M. COMMISSIONERS ROOM HILLSBOROUGH, N.C. A. BOARD COMMENTS B. AUDIENCE COMMENTS 1. Matters on the Printed Agenda 2. Matters not on the Printed Agenda PAGE # C. ITEMS FOR DECISION 1. Consideration of Request for Special Legislation During the 1986 Short Session of the General Assembly 001 a. Hazardous Materials Response Team 003 b. Impact Fees 016 c. Fire District Boundaries 017 d. Human Service Delivery 020 e. Optional Half Cent Sales Tax 022 2 . Roof Replacement Resolution Orange County Schools D. ADJOURNMENT 1986-1987 BUDGET WORK SESSION 001 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. Q, Meeting Date: JUNE 5, 1986 SUBJECT: HAZARDOUS MATERIAL RESPONSE TEAM LEGISLATION DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE, X501 BILL FOR HAZARDOUS MATERIALS RESPONSE TEAM TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider requesting the local legislative delegation to introduce the attached bill in the General Assembly establishing the Orange County Hazardous Materials Response Team. NEED: Each public safety agency of the towns and county from time to time has to deal with hazardous materials. The Orange County Command Team has sought to develop a stronger standing under law for the function to be performed. Mr. Ben Loeb of the Institute of Government has drafted a bill to accomplish these objectives. The Hazardous Material Response Team established pursuant would respond to all hazardous materials, accidents or emergencies within the County including the territory within incorporated limits of towns. The team would be composed from existing staff from city, state or other law enforcement agencies, fire departments, and rescue squads now serving in the county. IMPACT: No financial impact would result above that would otherwise be attendant to training and equipping existing personnel. Exist- ing liability insurance policies should cove'-_.. the function without a raise in rates. .1 RECOMMENDATION(S) : Request local delegation to introduce legislation establishing the Orange County Hazardous Materials Response Team. . oo4 A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE ORANGE COUNTY HAZARDOUS MATERIALS RESPONSE TEAM. The General Assembly of North Carolina enacts: Section 1. There is hereby established the Orange County Hazardous Materials Response Team, whose duties may include responding to a hazardous materials accident or emergency anywhere including the territory within any incor- porated town or city, within Orange County. Section 2. Members of the response team may be selected from city, county, state or other law enforcement agencies, fire departments, and rescue squads now located or serving in any part of Orange County. The manner of selecting the members shall be approved designated by the Board of County Commissioners. The members of the response team shall be selected by the Board of County Commissioners. A current membership roster shall be maintained at all times by the County Manager. Section 3 . Members of the response team, when respond- ing to a hazardous materials accident or emergency anywhere within the county, shall have all authority, rights, privi- leges and immunities as they have when responding to a law violation, accident or emergency inside the city, district, or territorial limits in which they normally serve. This shall include, but is not limited to, coverage under worker's compensation laws, pension or relief fund laws, death benefit acts, and the same insurance coverage as in the city, dis- trict, or territory where the member normally serves and is employed. Section 4. Members of the response team shall have authority to do all acts reasonably necessary to protect life and property at the scene of a hazardous materials accident or emergency. Any person who shall willfully interfer in any manner with a response team member engaged in the performance of his duties shall be guilty of a misdemeanor punishable by a fine of $500, imprisonment for no more than 60 days, or both. Section 5. A response team member who is performing his duties as such anywhere in the county shall not be liable for damages to persons or property proximately resulting from any negligent act or omission when the act or omission relates to a hazardous materials accident or emergency, unless it is established that the damage occurred because of the gross negligence or intentional wrongdoing of the response team member. Section 6. This act applies to Orange County only. Section 7. This act is effective upon ratification. ORANGE COUNTY 003 BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. (,16. Meeting Date: JUNE 5, 1986 SUBJECT: RESOLUTION REQUESTING IMPACT FEES LEGISLATION DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE RESOLUTION TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane -- 227-2031 Durham - 688-7331 PURPOSE: To consider adopting a resolution re in the 1986 Session of the General Ass g emblytopenablelthesCounty to establish a system of Impact Fees. NEED: The Planning Board, Planning Staff and Board of Commissioners have expressed the desire and need to incorporate impact fees into the planning process countywide. In addition, to accommo- date the Carrboro Land Use Ordinance and the Chapel Hill Land Development Ordinance and the Chapel Hill Land Development Ordinance it will be necessary for impact fee authority to be in place in the joint planning area. Impact fees are mechanisms in which the new development share's the public cost associated with demands and burdens placed on public service delivery systems create by the new development. In essence, impact fees are designed to help defray the costs of expanding public faci- lities. IMPACT: The General Assembly has established June 11, 1986 as the dead- line for receipt of local bills for consideration during this summer's short session. The Town of Chapel Hill has adopted a resolution requesting special legislation for impact fees while the Town of Carrboro requested and received special legislation in 1985. RECOMMENDATION: Adopt resolution requesting the local legislative delegation to introduce special legislation which will amend existing enabling statutes to allow impact fee authorization. AN ACT CONCERNING LOCAL. MATTERS IN ORANGE COUNTY. The General Assembly of North Carolina Enacts: Section 1. G.S. 153A-331 is amended by identifying the ex- isting provisions as subsection (a) and by adding new subsections to read: (b) Impact Fees Authorized. 1) Orange County may provide by ordinance for a sys- tem of impact fees to be paid by developers to help defray the costs to the County of constructing certain capital improvements, the need for which is created in substantial part by the new development that takes place within the County. 2) For purposes of this subsection, the term capital improvements includes capital improvements to public streets, schools, bridges, sidewalks, bikeways, on and off street surface water drainage ditches., pipes, culverts, other water and sewer facilities, and public recreation facilities. 3) An ordinance adopted under this subsection may be made applicable to all development that occurs within the County. 4) The County may cooperate with the State in the construction of capital improvements to State highway system streets within Orange County. (c) Amount of Fees. 1) In establishing the amount of any impact fee, the County shall endeavor to approach the objective of having every development contribute to a capital improvements fund an amount of revenue that bears a reasonable relationship to that development's fair share of the costs of the capital improvements that are needed in part because of that development. In fulfill- ing this objective, the County shall, among other steps and actions: (1) Estimate the total cost of improvements by category (e.g. , streets, sidewalks, drainage ways, etc. ) that will be needed to provide in a reasonable manner for the public health, safety and welfare of persons residing within the County during a reasonable planning period not to exceed 20 years. The Board of County Commissioners may divide the County into two or more districts and estimate the costs of needed improvements within each district. These estimates shall be peri- odically reviewed and updated and the plan- ning period used may be changed from time to time. (2) Establish a percentage of the total costs of each category of improvement that, in keeping with the objective set forth above, should fairly be borne by those paying the impact fee. (3) Establish a formula that fairly and objec- tively apportions the total costs that are to be borne by those paying impact fees among various types of developments. By way of il- lustration without limitation: a. In the case of street improvements, the impact fee may be related to the number of trips per day generated by different types of uses according to recognized estimates; b. In the case of drainage improvements , the impact fee may be related to the size of a development, the amount of im- pervious surface the development has, or other factors that bear upon the degree to which a development contributes to the need for drainage improvements made at public expense. (d) Capital Improvements Reserve Funds: Expenditures. 1) Impact fees received by the County shall be deposited in a capital improvements reserve fund or funds estab- lished under Chapter 159 of the General Statutes, Article 3, Part 2. Such funds may be expended only on the type of capital im- provements for which such impact fees were established, and then only in accordance with the provision of subsection 2) of this section. 2) In order to ensure that impact fees paid by a par- ticular development are expended on capital improvements that benefit that development, the County may establish for each category of capital improvement for which it collects an impact fee at least two geographical districts or zones, and impact fees generated by developments within those districts or zones must be spent on improvements that are located within or that benefit property located within those districts or zones. (e) Credits for Improvements. An impact fee ordinance shall make provision for credits against required fees when a developer installs improve- ments of a type that generally would be paid for by the County out of a capital reserve account funded by impact fees. The or- dinance may spell out the circumstances under which a developer will be allowed to install such improvements and receive such credits. (f) Appeals Procedure. An ordinance authorizing impact fees as provided herein may provide that any person aggrieved by a decision regarding an impact fee may appeal to the Orange County Board of Adjustment. If the ordinance establishes an appeals procedure, it shall spell out the time within which the appeal must be taken to the board of adjustment, the possible grounds for an appeal and the board's authority in the matter, whether the fee must be paid prior to resolution of the appeal, and other procedural or substantive matters related to appeals. Any decision by the board of adjust- ment shall be subject to review by the superior court by proceed- ings in the nature of certiorari in the same manner as is provided in G.S. 153A-345. (g) Payment of Impact Fees. An ordinance authorizing impact fees as herein provided shall spell out when in the process of development approval and construction impact fees shall be paid and by whom. By way of illustration without limitation, the ordinance may provide that an applicant for a building permit shall submit the impact fee along with the permit application and that building permits shall not be issued until the impact fee has been paid. (h) Refunds. If this Section or any ordinance adopted thereunder is declared to be unconstitutional or otherwise invalid, then any impact fees collected shall be refunded to the person paying them together with interest at the rate established under G.S. 105- 241.1, being the same rate paid by the Secretary of Revenue on refunds for tax overpayments. (i) Limitations on Actions. 1) Any action contesting the validity of an ordinance adopted as herein provided must be commenced not later than nine months after the effective date of such ordinance. 2) Any action seeking to recover an impact fee must be commenced not later than nine months after the impact fee is paid. Section 2. G.S. 153A-340 is amended by identifying the ex- isting provisions as subsection (a) and by adding new subsections to read: (b) Impact Fees Authorized. 1) Orange County may provide by ordinance for a sys- tem of impact fees to be paid by developers to help defray the costs to the County of constructing certain capital improvements, the need for which is created in substantial part by the new development that takes place within the County. 2) For purposes of this subsection, the term capital improvements includes capital improvements to public streets, bridges, sidewalks, bikeways, on and off street surface water drainage ditches, pipes, culverts, other drainage facilities, and public recreation facilities. 3) An ordinance adopted under this subsection may be made applicable to all development that occurs within the County. 4) The County may cooperate with the State in the construction of capital improvements to State highway system streets within Orange County. (c) Amount of Fees. 1) In establishing the amount of any impact fee, the County shall endeavor to approach the objective of having every development contribute to a capital improvements fund an amount of revenue that bears a reasonable relationship to that development' s fair share of the costs of the capital improvements that are needed in part because of that development. In fulfill- ing this objective, the County shall , among other steps and actions: (1) Estimate the total cost of improvements by category (e.g. , streets, sidewalks, drainage ways, etc. ) that will be needed to provide in a reasonable manner for the public health, safety and welfare of persons residing within the County during a reasonable planning period not to exceed 20 years. The Board of County Commissioners may divide the County into two or more districts and estimate the costs of needed improvements within each district. These estimates shall be peri- odically reviewed and updated and the plan- ning period used may be changed from time to time. (2) Establish a percentage of the total costs of each category of improvement that, in keeping with the objective set forth above, should fairly be borne by those paying the impact fee. (3) Establish a formula that fairly and objec- tively apportions the total costs that are to be borne by those paying impact fees among various types of developments. By way of il- lustration without limitation: a. In the case of street improvements, the impact fee may be related to the number of trips per day generated by different types of uses according to recognized estimates; b. In the case of drainage improvements , the impact fee may be related to the size of a development, the amount of im- pervious surface the development has, or other factors that bear upon the degree to which a development contributes to the need for drainage improvements made at public expense. (d) Capital Improvements Reserve Funds: Expenditures. 1) Impact fees received by the County shall be deposited in a capital improvements reserve fund or funds estab- lished under Chapter 159 of the General Statutes, Article 3, Part 2. Such funds may be expended only on the type of capital im- provements for which such impact fees were established, and then only in accordance with the provision of subsection 2) of this section. 2) In order to ensure that impact fees paid by a par- ticular development are expended on capital improvements that benefit that development, the County may establish for each category of capital improvement for which it collects an impact fee at least two geographical districts or zones, and impact fees generated by developments within those districts or zones must be spent on improvements that are located within or that benefit property located within those districts or zones. (e) Credits for Improvements. An impact fee ordinance shall make provision for credits against required fees when a developer installs improve- ments of a type that generally would be paid for by the County out of a capital reserve account funded by impact fees. The or- dinance may spell out the circumstances under which a developer will be allowed to install such improvements and receive such credits. (f) Appeals Procedure. An ordinance authorizing impact fees as provided herein may provide that any person aggrieved by a decision regarding an impact fee may appeal to the Orange County Board of Adjustment. If the ordinance establishes an appeals procedure, it shall spell out the time within which the appeal must be taken to the board of adjustment, the possible grounds for an appeal and the board's authority in the matter, whether the fee must be paid prior to resolution of the appeal, and other procedural or substantive matters related to appeals. Any decision by the board of adjust- ment shall be subject to review by the superior court by proceed- ings in the nature of certiorari in the same manner as is provided in G.S. 153A-345. (g) Payment of Impact Fees. An ordinance authorizing impact fees as herein provided shall spell out when in the process of development approval and construction impact fees shall be paid and by whom. By way of illustration without limitation, the ordinance may provide that an applicant for a building permit shall submit the impact fee along with the permit application and that building permits shall not be issued until the impact fee has been paid. (h) Refunds. If this Section or any ordinance adopted thereunder is declared to be unconstitutional or otherwise invalid, then any impact fees collected shall be refunded to the person paying them together with interest at the rate established under G.S. 105- 241. 1, being the same rate paid by the Secretary of Revenue on refunds for tax overpayments. (i) Limitations on Actions. 1) Any action contesting the validity of an ordinance adopted as herein provided must be commenced not later than nine months after the effective date of such ordinance. 2) Any action seeking to recover an impact fee must be commenced not later than nine months after the impact fee is paid. Section 3 . This act effects only Orange County and is ef- fective upon ratification. 014 NORTH CAROLINA RESOLUTION ORANGE COUNTY WHEREAS , Orange County has been experiencing a rapid rate of growth; and WHEREAS, many of the County's public facilities are approaching their capacity to respond to increasing demands; and WHEREAS , the County has identified a need to implement a system of Impact Fees to partially fund the public improvements that will be needed by new development; NOW, THEREFORE, BE IT RESOLVED that Orange County hereby requests that members of its legislative delegation introduce the attached special legislation in the 1986 Session of the General Assembly, to enable the County to establish a system of Impact Fees. This the day of , 1986. 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 the Board of Commissioners for said 1 01' County at a meeting held on , 1986, as relates in any way to the resolution requesting legislation necessary to implement impact fees. BEVERLY BLYTHE, Clerk to the Board of. Commissioners of Orange County, N.C. [SEAL] 2 BOARD OF COMMISSIONERS ACTION A nt rA ACTION AGENDA ITEM ABSTRACT ITEM NO •. MEETING DATE 6-5-86 0 SUBJECT: Fire District Boundary Lines DEPARTMENT: Emergency Services PUBLIC HEARING: YES x NO ATTACHMENT(S) : INFORMATION CONTACT: Bobby Baker NO PHONE NUMBERS: HILLSBOROUGH 732-8161 CHAPEL HILL 929-8109 PURPOSE: To allow for the Orange County Board of Commissioners to make changes in fire district lines between South Orange Fire District and White Cross Fire District. NEED: To honor a petition request by the property owners on highway 54 West to be removed from the White Cross Fire District and included in the South Orange Fire District. This property joins the South Orange Fire District and the property owners are all within the South Orange Insurance Rated District and outside the White Cross Insurance Rated District. 1 IMPACT: At 10 cents per $100.00 evaluation, the White Cross Fire District would lose approximately $1,960. from $60,000. fire tax revenue per year. At 7 cents per $100.00 evaluation, South Orange Fire District would gain approximately $1,325. per year. RECOMMENDATION(S): The Orange County. Board of Commissioners request the Legislative Delegation to pass a local Act to General Statute 69-25.11 (changes in area of fire district boundaries) to allow the Orange County Board of Commissioners to change these fire district lines. ORANGE COUNTY of BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: JUNE 5, 1986 SUBJECT: HUMAN SERVICE DELIVERY DEPARTMENT: COMMISSIONERS PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: DON WILLHOIT X505 TELEPHONE NUMBER: RESOLUTION Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider adopting a resolution requesting special legislation in the 1986 Session of the General Assembly to give the Board of Commissioners the opportunity to implement different Human Service Delivery Models. NEED: County governments throughout the state are exploring a variety of options which would enhance human service delivery. The most prevelant models considered have been directed toward consolida- tion of human service delivery which would improve coordination, prevent discontinuity of services, decrease fragmentation and encourage accountability. While these approaches are being considered by counties, only Mecklenburg has implemented a more homogeneous human service delivery system. Unlike Mecklenburg, Orange and other counties are restricted from utilizing a different human service model because of General Statute 153A-77 which requires a 325,000 population threshold before county board of commissioners can act on behalf of state mandated human service boards. IMPACT: Currently the General Assembly is studying the advisibility of changing the 325, 000 population requirement for county commis- sioners to assume responsibilities of independent human service boards. Special legislation would encourage the General Assembly to reduce the population threshold. Allowing the County greater flexibility in administering human service agencies. o1E RECOMMENDATION(S) : Adopt resolution requesting the local legislative delegation to introduce special legislation which would amend existing enabl- ing statutes to give the Board an opportunity to explore and implement different human service structures. Authorize County Attorney to draft special "legislation which would amend existing enabling statutes. • 01E NORTH CAROLINA RESOLUTION ORANGE COUNTY WHEREAS, Orange County is studying options to consolidate Human Services Delivery Systems, and WHEREAS, the range of options can not be imple- mented without enabling legislation, and WHEREAS, Orange County population is under the 325,000 population requirement to allow the Board of Commissioners to exercise authority over independent human service boards, and NOW, THEREFORE, BE IT RESOLVED that Orange County hereby requests that members of its legislative delegation introduce special legislation in the 1986 session of the General Assembly, to allow Orange County Commissioners to exercise flexibility in administering mandated human service agencies. BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, N.C. (SEAL) 02C ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. C4e.. Meeting Date: JUNE 5, 1986 SUBJECT: OPTIONAL HALF CENT SALES TAX DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE, X501 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 . Durham - 688-7331 PURPOSE: To consider endorsing the passage of an additional half cent tax. iliD: Due to anticipated reductions and/or elimination of Federal Revenue Sharing funds in the Fall of 1986 and other financial constraints on counties the General Assembly is considering several bills to authorize an additional one half cent local option sales tax. All would propose a distribution to local governments on the basis of population. Some versions would designate the use as for school capital or capital improvements in general. Others would call for undesignated use. A growing number of legislators appear to believe that an addi- tional local option sales tax is the best means of meeting the many needs facing local officials. Since the possible tax is recommended by a legislative study commission and would affect local budgets it is an eligible subject to be considered in the "Short Session. " IMPACT: If such a tax were authorized and levied, proceeds would amount to $1,375, 000 to Orange County, $175,000 to Carrboro, $540, 000 to Chapel Hill, $46,800 to Hillsborough and $7,658 to Mebane. RECOMMENDATION(S) : Adopt attached resolution. 02 RESOLUTION WHEREAS, counties are in need of an additional revenue source to replace the expected loss of federal revenue sharing and avoid additional reliance on other revenues, such as the property tax; and WHEREAS, such additional revenue sources are needed in. Orange County to address major capital projects which are beyond the scope of the General Fund to support; and WHEREAS, the municipalities of Orange County are facing a similar loss of revenues due to the decline or loss. of federal revenue sharing; and WHEREAS, it is expected that full year proceeds from such a tax would yield the following amounts to the County and its several municipalities: Orange County $1,375,000 Carrboro 175,000 Chapel Hill 540,000 Hillsborough 46,800 Mebane 7,658 NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of Orange County that the legislative delegation is urged to grant authority to counties to levy the tax with unrestricted use of the revenues to meet the varied needs of the County and its municipali- ties. O2 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. th2P Meeting Date: JUNE 5, 1986 SUBJECT: ROOF REPLACEMENT RESOLUTION ORANGE COUNTY SCHOOLS DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S ' OFFICE, X501 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider adopting a resolution assuring that the County's current capital appropriation to Orange County Schools for 1986- 87 will be sufficient for the school system to undertake roof repairs with a portion of the funds. NEED: Information received from Orange County Schools indicate roof replacement project bids have been opened with the low bid being $139, 000. Before awarding the contract, Orange County Schools requires a resolution from the Board stating that there will be sufficient current capital appropriations to award a contract for the roof work. IMPACT: Although no funds are recommended in the proposed 1986-87 for supplemental funding for roofs there is a current capital recom- mendation of $450, 000. RECOMMENDATION(S) : Adopt resolution which assures that Orange County Schools will be allocated current capital funds out of which roof repairs in the amount of $139, 000 could be undertaken. 02; RESOLUTION WHEREAS, Orange County Schools re bids on May 30, 1986, and received roof replacement WHEREAS, the apparent pp nt low bid was $139,000, and WHEREAS, Orange County Schools would like to award a roofing contract to the low bidder on June 9, 1986, and pay for the work out of the 1986-87 budget year, and WHEREAS, without the assurance that current capital funds sufficient for the $139,000 in roof repair will be appropriated to the school system by Orange County the school system is prevented under North Carolina General Statute 115c-432(a) (4) from awarding bids. NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners authorizes the Orange County School System to proceed with letting of a roofing con- tract based on the assurance that at least $139,000 in current capital funds will be appropriated to the school system in the 1986-87 budget year. Don Willhoit, Chair Board of County Commissioners ATTEST: Beverly Blythe, Clerk Board of County Commissioners NORTH CAROLINA RESOLUTION ORANGE COUNTY WHEREAS, Orange County is studying options to consolidate Human Services Delivery Systems, and WHEREAS, the range of options can not be imple- mented without enabling legislation, and WHEREAS, Orange County population is under the 325,000 population requirement to allow the Board of Commissioners to exercise authority over independent human service boards, and NOW, THEREFORE, BE IT RESOLVED that Orange County hereby requests that members of its legislative delegation introduce special legislation in the 1986 session of the General Assembly, to allow Orange County Commissioners to exercise flexibility in administering mandated human service agencies. BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, N.C. (SEAL) A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE ORANGE COUNTY HAZARDOUS MATERIALS RESPONSE TEAM. The General Assembly of North Carolina enacts: Section 1. There is hereby established the Orange County Hazardous Materials Response Team, whose duties may include responding to a hazardous materials accident or emergency anywhere including the territory within any incor- porated town or city, within Orange County. Section 2 . Members of the response team may be selected from city, county, state or other law enforcement agencies, fire departments, and rescue squads now located or serving in any part of Orange County. The manner of selecting the members shall be approved designated by the Board of County Commissioners. The members of the response team shall be selected by the Board of County Commissioners. A current membership roster shall be maintained at all times by the County Manager. Section 3 . Members of the response team, when respond- ing to a hazardous materials accident or emergency anywhere within the county, shall have all authority, rights, privi- leges and immunities as they have when responding to a law violation, accident or emergency inside the city, district, or territorial limits in which they normally serve. This shall include, but is not limited to, coverage under worker's compensation laws, pension or relief fund laws, death benefit acts, and the same insurance coverage as in the city, dis- trict, or territory where the member normally serves and is employed. Section 4. Members of the response team shall have authority to do all acts reasonably necessary to protect life and property at the scene of a hazardous materials accident or emergency. Any person who shall willfully interfer in any manner with a response team member engaged in the performance of his duties shall be guilty of a misdemeanor punishable by a fine of $500, imprisonment for no more than 60 days, or both. Section 5. A response team member who is performing his duties as such anywhere in the county shall not be liable for damages to persons or property proximately resulting from any negligent act or omission when the act or omission relates to a hazardous materials accident or emergency, unless it is established that the damage occurred because of the gross negligence or intentional wrongdoing of the response team member. Section 6. Orange County may by ordinance establish proceedures and protocol for operation of the response team. Section 7. This act applies to Orange County only. Section 8 . This act is effective upon ratification. RESOLUTION WHEREAS, counties are in need of an additional revenue source to replace the expected loss of federal revenue sharing and avoid additional reliance on other revenues, such as the property tax; and WHEREAS, such additional revenue sources are needed in Orange County to address major capital projects which are beyond the scope of the General Fund to support; and WHEREAS, the municipalities of Orange County are facing a similar loss of revenues due to the decline or loss of federal revenue sharing; and WHEREAS, it is expected that full year proceeds from such a tax would yield the following amounts to the County and its several municipalities: Orange County $1, 375,000 Carrboro 175,000 Chapel Hill 540,000 Hillsborough 46,800 Mebane 7,658 NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of Orange County that the legislative delegation is urged to grant authority to counties to levy the tax with unrestricted use of the revenues to meet the varied needs of the County and its municipali- ties. w Don Willhoit, Chair Board of County Commissioners ATTEST: 4.11. / Or Beverly B the, Clerk _ - Board of County Commissioners ORANGE COUNTY COMMISSIONERS 106 EAST MARGARET LANE HILLSBOROUGH, N. C. 27278 MOSES CAREY BEN LLOYD SHnu.EY E.MARSHALL NORMAN WALKER DON WILLHOTT June 23, 1986 Senator Kenneth C. Royall, Jr. 64 Beverly Drive Durham, NC 27707 Dear Senator Royall: At the June 5, 1986 regular meeting of the Board of Commissioners discussion was given to the proposed bill that would provide an additional half cent sales tax for the County. Needless to say, this assage would greatly benefit the County. ,".i oCeS The passage of an additi 1 half cent ..'-s tax would io the pro due to the anticipated re•' •.,Fur p placed .0i Sharing funds .,:�)�^,.,<, �,�-- - ., - --- �„- �= Revenue er ft -* .' duts ;tate and/or Federal level..;� .- ' a rd drt. be considered� - -.f tho..- t sales tax r.r .�. ,. the county and it=�;,�'r4,�'Ca. , �� ,�� � mss.` �. .dues so needs which s 1 �M .�. ;. the varied ,-04,era 3.d . _ d The Boa '� 1 ;�4 ,,,, , ` El, - of this bill p:; w' ��'. ”' i re passage a :,..;,=.-_,44_,,..___'..7 - ,-..'..__-.-. . ..:. .....< M� :: �� -- Best Wishes, Don Willhoit Chair /bab File Attachment ORANGE COUNTY COMMISSIONERS 106 EaSr Mal AREr LANE HILLSBOROUGH, N. C. 27278 MOSES CAREY BEN LLOYD EEL RLEY E.MARSHALL NORMAN WALKER DON WILL EOET June 23, 1986 Senator Ralph A. Hunt 301 E. Alton Street Durham, NC 27707 Dear Senator Hunt: At the June 5, 1986 regular meeting of the Board of Commissioners discussion was given to the proposed bill that would provide an additional half cent sales tax for the County. Needless to say, this assage would greatly benefit the County. The passage of an additi half cent s tax would help lessen � urden placed the anticipated ree 4 ion and/or` minat o r due to the Sharing funds .. �` x ., R ral Revenue fu fate Federal level. �a _ -n`cuts . , and/or �c rd -1 , , the a be considered r i r �. �� sales tax and it--;''''',4' ; ti. ;, °: .flues so the county N t needs which s� s v F , or the varied + t The Boat a I ! of this * _ a�- 'w bill > fg �.! ;' g re passage a e-, , lr = s . 1. ''''''IT. sed• Best ..Wishes, ,''._ -- Don Willhoit Chair /bab File Attachment v- w June 26, 19$6 Dr. Dan G. Lunsford, Superintendent Orange County Schools 200 East King Street Hillsborough, NC 27278 Dear Dr. Lunsford: Attached is a copy of the resolution that the Board approved on June 5, 1986 with reference to the roof replace- ment bids on May 30, 1986. If any additional confirmation is needed, please do not hesitate to contact me. Sincerely, Beverly A. Blythe Clerk /bab File Attachment r. " RESOLUTION WHEREAS, Orange County Schools received roof replacement bids on May 30, 1986, and WHEREAS, the apparent low bid was $139,600, and WHEREAS, Orange County Schools would like to award a roofing contract to the low bidder on June 9, 1986, and pay for the work out of the 1986-87 budget year, and WHEREAS, without the assurance that current capital funds suficient for the $139,600 in roof repair will be appropriated to the school system by Orange County the school system is prevented under North Carolina General Statute 115c-432 (a) (4) from awarding bids. NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners authorizes the Orange County School System to proceed with letting of a roofing c n- tract based on the assurance that at least $139, 600 in current capital funds will be appropriated to the school system in the 1986-87 budget year. 41%..- e 6 Don Willhoit, Chair Board of County Commissioners ATTEST: 'la. -___— ... , 'ool AP'' _ =everly B 1,the, lerk Board of ounty Commissioners 4. WHEREAS, the 1985 orange County Democratic Part Platform state that: "All elected officials, and appointed officials in high policy making positions, should be required to annually disclose significant property or business holdings, or disclose sources of income which may reasonably affect their judgment in office"; and, WHEREAS, other jurisdictions, in fast growing areas of North Carolina, including Guilford County, Wake County, Raleigh, Charlotte, and Durham have ethics policies or are considering their adoptions; and, WHEREAS, a stiff conflict of interest code in Guilford County (requested by Guilford officials and inacted by the N.C. Legislature in 1974) has worked well for Guilford County Commissioners; and, WHEREAS, the potential for conflict of interest by public officials in Orange County is increasing because of rapid development in the area. BE IT RESOLVED THAT the Orange County Board of Commissioners be urged to request the N.C. State Legislature to enact a code of ethics for members of the Orange County Board of Commissioners. This code should provide for complete disclosure of real property holdings in Orange County and ownership interests in firms doing business with Orange County. Board members should be required to dis- qualify themselves for voting on any matter involving any ownership interest. .E.'• :,,r,..,, • • \ . . I,;'-'•, . ,- .. '''.,''' • . . • -'',•i•' .' . . . .._Ji • l'•.'i., i..,; - 0—,,......:--- , --••,.' • , , • 5- 19 t.Le. -... -, , • • . ..• - 0 c..:..• '''. '•••• ,...., • , • •.. • ..,_•—...4:"...;• • ••,......IS . .•:. _ .•....,, . ,-...... • , s .. :-. • .. ... . ,.. ,.• •_..... -• ,, , . ... ., -,.•-'., •--,. • •-•.?"—..."•■,:...1$0.,-•:ti • • • , ... . . ......,,.. . iri...., -.4'..-Ff.,.._it,l'i•;- , , , •'':•'::•,-::••••':.• • •• .. , ••' ..,c';.:,•,•'•••":-..-:•;•.••••''._•••• ''.-7•..,';'•.:,', .:''•;.0..4.ti' ., • • •••••••••••••;-• '••. Al ' - •:••-4-'1.3;!...':',-, ' • • -::•,:;•.••• ' . ;i f y•-•,/4Kr,.,;,' 4,.t.•r • •' ''"- .',;,•.'.:••'••":•• • ••••...if,.::-.,•:•'2'-:.7•1*,:,•,-,:. . 1 - . - •, '' _ i•I!'1.1.- -•1:.:‘. '''Ar•.1 1 ,'•• '.07,-.'r, — .,• ,- ''';-•'.'':-...;.•-•-,:'•,:,-_.':".:"..• ::_+::-.:it..5'..._:•-•:..-1.• • . „. .- . .... , „. •0 .:.....,• .._ ..,.•-•., • .. ...C. . 1,,,, -,,- 0-',..', •fri- •, •••.4,''''' •':":,-.-;-,..••• • : • -• ..,4•••7•' ',''••.--::Art.n.:'-'gfiN4.7.0t t''-- . ., .. ..•,,,,........ , . _ . '••••14.-4' --',21:•,.1 1,11„:tY•' . . , . . •_„. ..,. , — • l'•„';'.'ii;‘...i,iii''', '-';',',-. , •• .. _ •__ , . . . .. .. , _„-., .. _,.. ,_, . • ... • • •. ,..... , ., -:-,--,-,•-•-•-•••••••--•-•• ,..•••••---.:-• .-'..':- -•.•;:,:i'.,-,-,-.:•,.--Y-.;:..- -,--.L,.-7:-.,--;:•••••:.---t.1„..- • - •.; • -•• •• ,- • •••• ,-•_•-•-• . , . . -. -,• ,.., . -1,,,t-• ..tt, _ • -.,-__„•,..,,,s-..-„,,..,..,. .:, :•_..... _.•... • ' ---:''''.t.'".--."•"0,..1'-r1--1 -'r-i 4t3R4.1),,W. riArz.-C_I-1 •/_ .1 9301c.,•.'.-..-,•:-* • • ., 1 • .::-.'..',_1-`;;,.--,:i..r.:.-.1'..[..,:•.:.,,,,•-„•-:•••.-.'..1:,....:-;:•..,- ,:;%:::',:,.-Z,:,;:-;‘.1.,.::::.i.i,::::.i.V..,:ilr:;-' . . - I.— '-"05. -L'.1?-33 .'...P.\:,.:-,.c.31...7\1-r _ ., •_____.'• (2P,_ .- C.1"-z_ A=.4.-1-i'-• --::- ..'.-.-_ -:`,.. ., ... , .:•;:s..:•,....:;i.... •. T .• - •- -•-,. ..• - •-_, •. • • .-.•,,,-.:;,,-,'...- ,;-'...:', •::.. ,',. .!•,-,-;.t,,:-;,•4St4 . . . ..-...... .r.: .,.i,.......7,,.41", . • . , t_.... , ,:,• __... ,...,. ..,. c..--7,1\calb‘... &-, ••'_77 -1.-Ac:,-1c1I-.....- • r1 ) 8 Bc)..~...:.'p.r.., ..,.. ......„).._ . . ••• . : ..,..1-,:, .. . , • .. . ._ .. :.,_. • .,.., • .• ,.. „,..7.•;,: . •• .,.....-:.;.1,-,• . . . • ....•• •. • •... • ....•... .• .. ... ....„, ,....,. ... .., .. . .. .„.......,.,......,,...... .. . .. . ..:2:".. 6• ,. . ..-t..,- .- .. . ..6;.... rbAL:.,,..„.- . . .• .- . iir, ;. •••.,,...:. .R„....i,..,,• :, ,.!.7.',.. . .. .._,• . :- ........ .. . - ••,-,- • -•.-,,.:.:-.• 4 • • _ . . . ._.:...P..,,.,,-,: •••..-7,,-.; ,,,,•-•'•.- ....- .. . '.aAPP rect...r.■%-r csy,L.. '.,•....:-.*•,...-.. . . •'';':••,:'•'•-•-LAbp,t;_u•••'4.. .1•-•7E1-A : ,.. ,•,,,..,:. - • . :•-_-:• .:•,•;.•:,...._t • ••• . •:•. .-• • -;••• •,. . . . . . . . .. . ... . •H-- .:...,••:!.. '.-.73V4t-I>a,ALN- L,-•Lit.11400 .1-1:1-4. .• .... . . . ... , . , . . . - bb AP. M- - ..• -,....... . •',.,-„k . ,- , a • . _ .. ...,.:••,•-..- • . ...:. • 6 P.-r t-- .A s-' ''t 3. . b. .,. 1C_Vi- Ei-T--ti?--- .',---1-N-s,,zm' L_.- - -\--r-:1- c)--tLE. • •••• .. '• . , • . • •-, 1 . ...., , _ _• . • trolu 16 Sit (3-- Ot —)-14____,•:". :1 --1--Yr , . AlskEn-VaZ• -.:•'::-.•• •.- -: . . :.• .. ..., •• "lb: ;t •-:. . • - , -1- GAP- AGE--ra_LICK..:.. ....:': :. 1 }—\ISt\L- D 1. • , .d4 . • - . -. •:••.... ... ... , . .. • • - --..,,:,-:-, • •• r• LE'lf3- "FT/A-E-_.. ...k4?- AI ., .,,..• . . . . .• -, . . . . . . ...• ,..:....:,.. . , , , . . • • . , . . .,•••-.-• •• .,. - . -- , . . . . . ... ..... , . . •••.. • .. . .. , . .. .,. . • ., . ... . . . .... ., . . , _ . ., . . . .. . . ,- . .. - - , - '- -•-• .- -• , ..., .. . , . -,-,,.,• --.- . . •• . . .. ...., - • -•-•;: . ' . •, - - •'-• , -- - - - • . .... , . .. :.•...,....•. . •• ,_ .. r',• .,. . •.: • . .., . ,:,..,...L...LNX,...i .al... 11.:• C: .c r.....,;...• '-........i........ .• r• ''....:';,....:.:.,. ..... • ., . ., • ' - . . , . . , . • .. , - • .!'..;I*Vt.....r.-.• -•..---7•- • , 5106X /1) 143-.0 'a - • •• , F73ii l' CA\• . : •., ..:. . • . , :.,..:•••••-'1,11::•.•.111)'...11-?'.. ._'::.;..iL;•1;;;5",1,,-;t:::.• . . , -,, - •, ' , . . . , .. • , _ • i i k-ik"-'''''''''..1'' A' '• . ,, ••". ' . • • • • . -:'•:. °WEL g-Irt\ '‘'. ••• :' . ; :••• .... . •••• ... ....... '•'."1.`-.' '' . , .f.•-. P. . .. . .. '• ....i.,‘-,- Ssr ''••-•1\''''-'7.,:',',:1;1•1.1i. '' • • , , . . ••.' -:'(• ' • ,. . • -. -- • • ,, • ‘• . , , •••••,..• , :,. •.,,,,:..!•:•.,;,••-•!.':.:J,SAV:Ai , . • •'.■ ,...... - - • . .. 1 , • •■ -. .,• . , . . . ,...._ _ -..•''' ,.. _.. ... . , - , . ., ,. ._ , ,;... • . , • . • , , • - . .. ., . ' • • ,- .. . , • . , .. . . . , . . •, . .., • , . . , .. . -. , •••••,._ , • ,•_,,• „... . ... ..........,,, ,--- ..r • •-• •- -- • - ir..„.._ -... : .. , .....•, .. , . :. ... . . . . I :. .. . . . . 7, 4212. c., 7V,e__•,/,--it-a-c?"--or--7.-.1 , OM l ? s,4 _... _ , , , e.. .2-4Q--- c:: 1,er.---p.,6e . ....... q . , ` :.•-•0 :46V---e-1...."L.-iga ..... 7 et. 1 .1 1.._. 1...4.--"L•ta 10,41, . ( ..... . .. _ .,:. .. . . . 2,' 36 fri 46 , ,. .. af , ,,....rrk_ . eri"....... , ., . A7 • e}....t"nt, _2 /e .,4Z i1C - AliCrle•- • l sz:9--; c '-1 "frisk,. • 4 4 . -:1.4__1 )C2...ILet__ _ 464_2_1 4C-1-1-4-%.41 ern", . - )--Z,L. 4L4) s et3-7‘....;, ---1 - . A • Z - ipe i---74--.4---i-a "-I—..4.- ____ • .4 . L----- -----"--- -- --------- . :-."--z,..vi.,....,, .10,.. , ... 7-(- 7.--/6 / / / I • • . .I; '. '1--t,;:4 i:,v,:l*A - C/7---12-02-61 k:A1—(--'"le.--%1 • ' VC:: ;20.. • 21 (CY f . . . . . .. , . . . . . . ,.____ '-:.,\.. • — . , . - 'NI. . • . . .. . .. ' . ., . . .. . . • . . • ..'. .....4 . • . . . . . . . . .. . .:. . -. _ . . . . ...,,_ i',':-t;: .,t...,,.. .-1 ; '..1.5.-q.,: foS...',,, .7,..-... .-1.!i-1.-:.r"li i. , . .. . V....:f •'...1,....*;...0; . - • t... -,i,i-r.-xl''',..,.4.:-2,, ! - ..../' • gia...„4 ..e__ 47 • . •• . f..:.,i--.1 v2:N.".vt.' ii.,,,_ • . , _ _ ,:,...„.,,,E.,.,,•,,_,...„,..„1. . • , • •A - /, . , - .1; • £ h %-' - 2- :!..z•-/-....„.../i .1_ • 1.•,. ., I.,. ..1, . , _.,!• ,,:, • __ __ .. , , .....4 . ..,,,, n. . 1., 6E ..,•,- ‘ , i Y11 1 44 dc -e 1,. 0164-64-Le -7.--2....zi--,,i, ..... ...„....4 v(,_ . ,-2,7 e 15 . .--&---_ , -E---e-er2,..■ L-e-t,,, ,,-, . 1..:..., A L.:. .,.._ . 7 - /4„,, . - .,..2-,....- ,..--x-,_„.„--/„...., ,:..., 9,„a 9 , 1.V.9 6 -/‘f - -7744.,-2, 2775 (2.44.4,--.-,-.., y-).) :... : .. . ..--------- .,------) ' - (-,” ::‘,...:;;'''',.:_-;7‘..::',..'-..,,::,".:;iik.,..;;:'.'11".i.:::::-'.:-. . . • . .. . ' "7:4,1%-u. a:4..."..-. -1---4 3 - • ,.. / , 0_4,74 ,. , .... .,,-•. .,..,:r:-.,,,,.9,-, ,..- . : .-. .-;,-,,,.:,J•A,',-,, ,:4 712/r e-X- 11/ 1 (u-1,-1?4:144 + Ø4 &7L ) 1 -4-,/-e- •:•.•':.:.-,-..,..,.,;.,.„,.-.4.-.;,-.,7.•....„..:,•.•-..-.,..,•,,14....,(.k.,•,.,A...'......,.,::,•.. •• - - ....,......... • 4-7 .e''.1-1: 9 7.A:e-(//1-4; -. • - •• ....._...... . ...... ...._ ...... _. .. .. . . _ _ - • • ----- •- • • • '•••• ' • - . • • ,. Mil■i■' AL -..„. . - : _ .