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HomeMy WebLinkAboutAgenda - 12-05-94 - VIII-A 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. 01T—A ACTION AGENDA ITEM ABSTRACT Meeting Date: December 5, 1994 SUBJECT: Declaration of Referendum Results Farmland Preservation Bond DEPARTMENT: Finance PUBLIC HEARING YES: NO: X ATTACHMENT(S) : INFORMATION CONTACT: Suggested Board of Commissioners Proceedings prepared by Bond Counsel TELEPHONE NUMBER- Hillsborough - 732-8181 November 10, 1994 Board of Elections Chapel Hill - 968-4501 Proceedings. Mebane - 227-2031 Durham - 688-7331 PURPOSE: To officially accept the report of the Board of Elections regarding the November 8, 1994 Farmland Preservation Bond Referendum and to declare the results thereof, by resolution. BACKGROUND: The Board of Elections met on November 10, 1994 for the purpose of evidencing the canvass of the returns of the November 8, 1994 bond referendum and to officially determine the referendum results. This action, as well as the action required of the Board of Commissioners meets the guidelines set forth in the Local Government Bond Act. The suggested format of the proceedings for adoption by the Board of Commissioners has been provided by Bond Counsel. This format will satisfy all the legal requirements of the Bond Act for the bond referendum. Upon completion of the proceedings, the Clerk to the Board is required to publish the election results. RECOMMENDATION(S) : The Manager recommends that the Board declare the referendum results by adoption of the resolution and instruct the Clerk to publish said results. 2 A regular meeting of the Board of Commissioners for the County of Orange, North Carolina, was held in the Old County Courthouse, in Hillsborough, North Carolina, at 7: 30 P.M. on December 5, 1994 . Present: Chairman Moses Carey, Jr. , presiding, and Commissioners Absent: * * * * * The Board of Commissioners received from the Orange. County Board of Elections a certified copy of the proceedings of said Board of Elections taken on November 10, 1994 , evidencing said Board's determination of the result of the canvass of the returns of the special' bond referendum held in the County of Orange on November 8, 1994 upon the question of approving $5, 000, 000 Farmland Preservation Bonds of said County. After said proceedings had been considered and reviewed by the Board of Commissioners, Commissioner introduced the following resolution which was read: RESOLUTION DECLARING THE RESULT OF THE SPECIAL BOND REFERENDUM HELD IN THE COUNTY OF ORANGE, NORTH CAROLINA ON NOVEMBER 8 , 1994 UPON THE QUESTION OF APPROVING $5, 000, 000 FARMLAND PRESERVATION BONDS BE IT RESOLVED by the Board of Commissioners for the County of Orange: 3 Section 1. The Board of Commissioners for the County of Orange having received from the Orange County Board of Elections a certified copy of the proceedings of said Board of Elections taken on November 10, 1994, evidencing said Board's determination of the result of the canvass of the returns of the special bond referendum held in the County of Orange on November 8, 1994 upon the question of approving $5, 000, 000 Farmland Preservation Bonds of said County, does hereby declare and certify the result of said referendum to be the result which is set forth in the following statement of the result of said referendum, which statement has been prepared by said Board of Commissioners: STATEMENT OF THE RESULT of the SPECIAL BOND REFERENDUM held in the COUNTY OF ORANGE, NORTH CAROLINA on November 8, 1994 UPON THE QUESTION OF APPROVING $5, 000, 000 FARMLAND PRESERVATION BONDS At a special bond referendum held in the County of Orange on November 8, 1994, 4,. 4r,l voters were registered and qualified to vote. At said referendum /;- .2S-7e votes were cast for the order adopted on September 6, 1994 authorizing an amount not exceeding $5, 000, 000 Farmland Preservation Bonds of the County of Orange, North Carolina, for the purpose of providing funds, with any other available funds, for implementing a program of farmland preservation in said County, including the acquisition by purchase, lease or otherwise of land or any interests therein (including 2 4 development rights) to maintain, protect, limit the future use of or otherwise conserve open spaces and open areas constituting farmland, and authorizing the levy of taxes in an amount sufficient to pay the principal of and the interest on said bonds, and /3,r6 votes were cast against said order, and a majority of the qualified voters of said County who voted thereon at said referendum having voted against the approval of said order, said order was thereby not approved and is not in force and effect. Board of Commissioners for the County of Orange, North Carolina , Section 2 . The Clerk to the Board of Commissioners shall file a copy of the foregoing statement of the result of said referendum in her office and shall publish such statement once in The News of Orange County and The Chapel Hill Herald. A statement in substantially the following form shall be published with the foregoing statement: Any action or proceeding challenging the regularity or validity of this bond referendum must be begun within 30 days after [date of publication] . Board of Commissioners for the County of Orange, North Carolina Section 3 . This resolution shall take effect upon its passage. Upon motion of Commissioner , seconded by Commissioner , the foregoing resolution entitled: 3 5 "RESOLUTION DECLARING THE RESULT OF THE SPECIAL BOND REFERENDUM HELD IN THE COUNTY OF ORANGE, NORTH CAROLINA ON NOVEMBER 8 , 1994 UPON THE QUESTION OF APPROVING $5, 000, 000 FARMLAND PRESERVATION BONDS" was passed by the following vote: Ayes: Commissioners Noes: I, Beverly L. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing has been carefully copied from the recorded minutes of the Board of Commissioners for said County at a meeting held on December 5, 1994, said record having been made in Minute Book No. of the minutes of said Board, beginning at page and `ending at page , and is a true copy of so much of said proceedings of said Board as relates in any way to the declaration of the result of the special bond referendum held on November 8, 1994 upon the question of approving $5 , 000, 000 Farmland Preservation Bonds of said County. I HEREBY FURTHER CERTIFY that a copy of the statement of the result of the referendum adopted by the resolution set forth in the foregoing transcript has been filed in my office. I DO HEREBY FURTHER CERTIFY that a schedule of regular meetings of said Board, in the form attached hereto, has been on 4 6 file in my office as of a date not less than seven days before the date of said meeting in accordance with G. S. §143-318. 12 . WITNESS my hand and the corporate seal of said County, this day of December 1994 . Clerk -to the Board of Commissioners 5 7 STATEMENT OF THE RESULT of the SPECIAL BOND REFERENDUM held in the COUNTY OF ORANGE, NORTH CAROLINA on November 8 , 1994 UPON THE QUESTION OF APPROVING $5, 000, 000 FARMLAND PRESERVATION BONDS At a special bond referendum held in the County of Orange on November 8, 1994, (p 9'8'f' voters were registered and qualified to vote. At said referendum /7 ZS'P votes were cast for the order adopted on September 6, 1994 authorizing an amount not exceeding $5, 000,000 Farmland Preservation Bonds of the County of Orange, North Carolina, for the purpose of providing funds, with any other available funds, for implementing a program of farmland preservation in said County, including the acquisition by purchase, lease or otherwise of land or any interests therein (including development rights) to maintain, protect, limit the future use of or otherwise conserve open spaces and open areas constituting farmland, and authorizing the levy of taxes in an amount sufficient to pay the principal of and the interest on said bonds, and /3, 57; 1? votes were cast against said order, and a majority of the qualified voters of said County who voted thereon at said referendum having voted against the approval of said order, said order was thereby not approved and is not in force and effect. Board of Commissioners for the County of Orange, North Carolina 8 The Orange County Board of Elections , in Orange County , North Carolina , met in special session at the office of said Board located at 110 East King Street , in Hillsborough , North Carolina , at 11 o ' clock A .M . , on November 10 , 1994 with the following members present : Present : Secretary Rosetta A . Moore , presiding , and member Raymond L . Montgomery . Absent : Chairman Diane D . Brown * * * * * 9 Diane D. Brown, who is not present, has signed the following acknow- ledgment of service of notice of meeting: I hereby acknowledge due service of notice of a special meeting of the Orange County Board of Elections to be held at 11 o'clock A.M. on November 10, 1994 at the office of the Orange County Board of Elections located at 110 East King Street, in Hillsborough, North Carolina, concerning the canvass of the returns of the special referendum held on November 8, 1994 in the County of Orange upon the question of approving an order authorizing $5,000,000 Farmland Pre- servation Bonds, but I will not be able to be present at said meeting. Diane D. Brown, Chair Orange County Board of Elections 10 At 11 o'clock A.M. , the Orange County Board of Elections met and received from the registrars and judges of elections for the several precincts in the County of Orange the returns of the special bond referendum held in said . County on November 8 , 1994 upon the question of approving $5, 000, 000 Farmland Preservation of said County. After said returns had been canvassed by the County Board of Elections, Raymond Montgomery introduced the following resolution which was read: RESOLUTION RELATING TO THE CANVASS OF THE RETURNS OF THE SPECIAL BOND REFERENDUM HELD IN THE COUNTY OF ORANGE, NORTH CAROLINA ON NOVEMBER 8 , 1994 UPON THE QUESTION OF APPROVING $5, 000, 000 FARMLAND PRESERVATION BONDS AND DETERMINING THE RESULT THEREOF BE IT RESOLVED by the Orange County Board of Elections: Section 1. The returns of the special bond referendum held in the County of Orange on November 8 , 1994 upon the question of approving $5, 000, 000 Farmland Preservation Bonds of the County of Orange having been received from the proper election officers and having been canvassed, this Board has found and determined and does hereby declare: (a) That each registrar and judge for said referendum was duly qualified by law and had taken the necessary oath. (b) That the election officers had -;incorporated in their returns not only the number of votes cast for and against the question submitted, but also the number of voters registered and qualified to vote in each precinct in said referendum. 2 11 (c) That at said referendum there was submitted to the qualified voters of said County the following question: Shall the order adopted on September 6, 1994 , authorizing an amount not exceeding $5 , 000, 000 Farmland Preservation Bonds of the County of Orange, North Carolina, for the purpose of providing funds, with any other available funds, for implementing a program of farmland preservation in said County, including the acquisition by purchase, lease or otherwise of land or • any interests therein (including development rights) to maintain, protect, limit the future use of or otherwise conserve open spaces and open areas constituting farmland, and ' authorizing the levy of taxes in an amount sufficient to pay the principal of and the interest on said bonds, be approved? (d) That no complaints have been made to this Board against the regularity of said referendum. (e) That said referendum and the registration therefor were duly and properly held in accordance with law. Section 2 . The following, schedule correctly shows the designations of the several precincts at which said referendum was held and, as to each precinct, the location of the voting place, the number of voters registered and qualified to vote, the number of votes cast in favor of the question submitted and the number of votes cast against such question; the number of election day transfer ballots cast in favor of such question and the number of election day transfer ballots cast against such question; the number of absentee ballots cast in favor of such question and the number of absentee ballots cast against such question; and the totals of such numbers: 3 12 Voters $5,000,000 Farmland Registered Preservation Bonds and Qualified Votes Votes Precinct Voting Place to Vote For Against Battle Park Chapel Hill Community Center 120 S. Estes Drive Chapel Hill, North Carolina 863 2.05 .1.3.3. . . Booker American Legion Building Creek Legion Road 2617 466 505 Chapel Hill, North Carolina Caldwell Caldwell Community Building Highway 57-N 1555 114 621 Rougemont, North Carolina Cameron Cameron Park School Park 240 E. King Street 1311 105 535 Hillsborough, North Carolina Carr Cedar Grove Fire Station #1 Intersection of Penecost Road & Carr Store Road 517 44 202 Mebane, North Carolina Cedar Grove Ruritan Building Cedar Grove Road 731 53 310 Cedar Grove, North Carolina Cheeks Orange-Alamance Water Corp. Building Highway 70-W 1889 124 487 Mebane, North Carolina Coker Hills Church of Reconcilliation 110 Elliot Road 1127 314 276 Chapel Hill, North Carolina Coles Store Union Grove Methodist Church Union Grove Church Road 1945 451 473 Chapel Hill, North Carolina Colonial YMCA - Heights 980 Airport Road 1962 412 313 Chapel Hill, North Carolina Country Fetzer Gym Club UNC Campus, South Road 2129 203 136 Chapel Hill, North Carolina Dogwood Grey Culbreth School Acres 225 Culbreth Drive 2628 442 354 Chapel Hill, North Carolina 4 13 Voters $5,000,000 Farmland Registered Preservation Bonds and Qualified Votes Votes Precinct Voting Place to Vote For Against East The Lutheran Church Franklin 300 E. Rosemary Street 1874 204 121 Chapel Hill, North Carolina Eastside Ephesus Road School Ephesus Church Road 1399 311 309 Chapel Hill, North Carolina Efland Efland Cheeks Elementary School 4401 Fuller Road 1153 80 391 Efland, North Carolina Eno Palmers Grove Community Center Palmers Grove Road 1893 232 486 Hillsborough, North Carolina Estes Hills Guy B. Phillips School Estes Drive 2098 478 397 Chapel Hill, North Carolina Glenwood Glenwood School Prestwick School 1441 281 273 Chapel Hill, North Carolina Grady Brown Grady Brown Elementary School 110 New Grady Brown School Road 1803 183 439 Hillsborough, North Carolina Greenwood General Administration Building UNC Campus, South Road 2135 354 193 Chapel Hill, North Carolina Hills- Recreation & Parks Center borough 300 W. Tryon Street 969 138 251 Hillsborough, North Carolina , King's Aldersgate Methodist Church Mill 632 Laurel Hill Road 1434 402 Q7 Chapel Hill, North Carolina Lincoln Lincoln Center Administration Building Merritt Mill Road 1830 195 128 Chapel Hill, North Carolina Lion's Club Lion's Club Building 131 Fidelity Street 1913 301 226 Carrboro, North Carolina Mason Farm Community Church Building Puerfoy Road 1954 245 128 Chapel Hill, North Carolina 5 14 Voters $5,000,000 Farmland Registered Preservation Bonds and Qualified Votes Votes Precinct Voting Place to Vote For Against North Carrboro Elementary School Carrboro Shelton Street 2341 519 575 Carrboro, North Carolina Northside Chapel Hill Town Mall 306 N. Columbia Street 1554 231 130 Chapel Hill, North Carolina • Orange Orange Grove Fire Station Grove Orange Grove Road 1983 410 506 Chapel Hill, North Carolina - OWASA OWASA Administration Building 400 Jones Ferry Road 2875 305 202 Carrboro, North Carolina Patterson New Hope Community Center Whitfield Road Chapel Hill, North Carolina 2229 479 578 Ridgefield Binkley Baptist Church 1712 Willow Drive 2107 420 448 Chapel Hill, North Carolina St. John St. John Church 607 Pine Acres Road 1749 429 409 Chapel Hill, North Carolina St. Mary's New Sharon Methodist Church 1601 New Sharon Church Road 1139 137 367 Hillsborough, North Carolina • Tolars Schley Grange Hall Schley Road 877 57 367 Hillsborough, North Carolina Town Hall Carrboro Town Hall West Main Street Carrboro, North Carolina 1304 246 116. . Weaver Fire Station Dairy Weaver Dairy Road & Highway 86-N 2697 562 516 Chapel Hill, North Carolina West Central Elementary School Hillsborough 154 Hayes Street 456 Hillsborough, North Carolina 1758 134 . 456 Westwood Frank Porter Graham School Highway 54 By-Pass 1467 275 181 Chapel Hill, North Carolina 6 15 • Voters $5,000,000 Farmland Registered Preservation Bonds and Qualified Votes Votes Precinct Voting Place to Vote For Against White Cross White Cross Recreation Center White Cross Road 1238 211 372 Chapel Hill, North Carolina Absentee ballots • 3 217 Election day transfers 213 135 Totals 66,488. 11,258 13,569 Section 3 . From the canvass made, this Board does hereby determine and certify: (a) That 66,488 voters were registered and qualified to vote. (b) That at said referendum 11,258 votes were cast for the order adopted on September 6, 1994, authorizing an amount not exceeding $5, 000, 000 Farmland Preservation Bonds of the County of Orange, North Carolina, for the purpose of providing funds, with any other available funds, for implementing a program of farmland preservation in said County, including the acquisition by purchase, lease or otherwise of land or any interests therein (including development rights) to maintain, protect, limit the future use of or otherwise conserve open spaces and open areas constituting farmland, and authorizing the levy of taxes in an amount sufficient to pay the principal of and the interest on said bonds, and 11 SAa votes were cast against said order, and that a majority of the qualified voters of said County who voted thereon at said 7 16 referendum having voted in favor of the approval of said order, said order was thereby approved and is in force and effect. Section 4 . The Supervisor of Elections is hereby directed to transmit immediately a certified copy of this resolution to the Board of Commissioners for the County of Orange. Upon motion of Rosetta A. Moore , seconded by Raymond Montgomery the foregoing resolution was passed by the fol- lowing vote: Ayes: Montgomery - Moore Noes: None I, Barbara Strickland, Supervisor of Elections for the Orange County Board of Elections, North Carolina, DO HEREBY CERTIFY that the foregoing has been carefully copied from the recorded minutes of the Orange County Board of Elections at a special meeting held on November 10, 1994 at the office of said Board located at 110 East King Street, in Hillsborough, North Carolina, said record having been made in Minute Book No. 11 of the minutes of said Board, beginning at page 2 and ending at page 10 , and is a true copy of so much of said proceedings of said Board as relates in any way to the canvass of the returns of the special bond referendum held in the County of Orange on November 8, 1994 upon the question of approving $5, 000, 000 Farmland Preservation Bonds of said County. 8 17 I DO HEREBY FURTHER CERTIFY that the Chairman of said Board duly notified or caused to be notified each member of said Board of said meeting and that, at least 48 hours before said meeting, notice of said meeting, signed by the Chairman of said Board and stating that a special meeting of said Board would be held at 11 o'clock A.M. on November 10, 1994 , at the office .of said Board located at 110 East King Street, in Hillsborough, North Carolina, concerning the canvass of the returns of the special bond referendum held on November 8 , 1994 in the County of Orange upon the question of approving $5 , 000 , 000 Farmland Preservation Bonds of said County, was posted on the principal bulletin board of said Board and mailed or delivered to each newspaper, wire service, radio station, television station and person that had filed with me a written request for notice pursuant to G. S. §143-318 . 12 . WITNESS my hand this 10th day of November 1994 . /411-"It Supervisor of Elections 9 /og A regular meeting of the Board of Commissioners for the County of Orange, North Carolina, was held in the Old County Courthouse, in Hillsborough, North Carolina, at 7 : 30 P.M. on December 5, 1994. Present: Chairman Moses Carey, Jr. , presiding, and Commissioners Moses Carey, Jr. , William L. Crowther, Alice M. Gordon, Stephen Halkiotis and Don Willhoit Absent: NONE * * * * The Board of Commissioners received from the Orange County Board of Elections a certified copy of the proceedings of said Board of Elections taken on November 10, 1994 , evidencing said Board's determination of the result of the canvass of the returns of the special• bond referendum held in the County of Orange on November 8, 1994 upon the question of approving $5, 000, 000 Farmland Preservation Bonds of said County. After said proceedings had been considered and reviewed by the Board of Commissioners, Commissioner Carey introduced the following resolution which was read: RESOLUTION DECLARING THE RESULT OF THE SPECIAL BOND REFERENDUM HELD IN THE COUNTY OF ORANGE, NORTH CAROLINA ON NOVEMBER 8 , 1994 UPON THE QUESTION OF APPROVING $5, 000, 000 FARMLAND PRESERVATION BONDS BE IT RESOLVED by the Board of Commissioners for the County of Orange: Section 1. The Board of Commissioners for the County of Orange having received from the Orange County Board of Elections a certified copy of the proceedings of said Board of Elections taken on November 10, 1994, evidencing said Board's determination of the result of the canvass of the returns of the special bond referendum held in the County of Orange on November 8 , 1994 upon the question of approving $5, 000, 000 Farmland Preservation Bonds of said County, does hereby declare and certify the result of said referendum to be the result which is set forth in the following statement of the result of said referendum, which statement has been prepared by said Board of Commissioners: STATEMENT OF THE RESULT of the SPECIAL BOND REFERENDUM held in the COUNTY OF ORANGE, NORTH CAROLINA on November 8 , 1994 UPON THE QUESTION OF APPROVING $5, 000, 000 FARMLAND PRESERVATION BONDS At a special bond referendum held in the County of Orange on November 8, 1994, 66,488 voters were registered and qualified to vote. At said referendum 11,258 votes were cast for the order adopted on September 6, 1994 authorizing an amount not exceeding $5, 000, 000 Farmland Preservation Bonds of the County of Orange, North Carolina, for the purpose of providing funds, with any other available funds, for implementing a program of farmland preservation in said County, including the acquisition by purchase, lease or otherwise of land or any interests therein (including 2 development rights) to maintain, protect, limit the future use of or otherwise conserve open spaces and open areas constituting farmland, and authorizing the levy of taxes in an amount sufficient to pay the principal of and the interest on said bonds, and 13,569 votes were cast against said order, and a majority of the qualified voters of said County who voted thereon at said referendum having voted against the approval of said order, said order was thereby not approved and is not in force and effect. Board of Commissioners for the County of Orange, North Carolina Section 2 . The Clerk to the Board of Commissioners shall file a copy of the foregoing statement of the result of said referendum in her office and shall publish such statement once in The News of Orange County and The Chapel Hill Herald. A statement in substantially the following form shall be published with the foregoing statement: Any action or proceeding challenging the regularity or validity of this bond referendum must be begun within 30 days after [date of publication] . Board of Commissioners for the County of Orange, North Carolina Section 3 . This resolution shall take effect upon its passage. Upon motion of Commissioner Gordon , seconded by Commissioner Halkiotis , the foregoing resolution entitled: 3 "RESOLUTION DECLARING THE RESULT OF THE SPECIAL BOND REFERENDUM HELD IN THE COUNTY OF ORANGE, NORTH CAROLINA ON NOVEMBER 8, 1994 UPON THE QUESTION OF APPROVING $5, 000, 000 FARMLAND PRESERVATION BONDS" was passed by the following vote: Ayes: Commissioners Carey, Crowther, Gordon, Halkiotis and Willhoit • Noes: NONE I, Beverly L. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing has been carefully copied from the recorded minutes of the Board of Commissioners for said County at a meeting held on December 5, 1994 , said record having been made in Minute Book No. 28 of the minutes of said Board, beginning at page and ending at page , and is a true copy of so much of said proceedings of said Board as relates in any way to the declaration of the result of the special bond referendum held on November 8 , 1994 upon the question of approving $5, 000, 000 Farmland Preservation Bonds of said County. I HEREBY FURTHER CERTIFY that a copy of the statement of the result of the referendum adopted by the resolution set forth in the foregoing transcript has been filed in my office. I DO HEREBY FURTHER CERTIFY that a schedule of regular meetings of said Board, in the form attached hereto, has been on 4 file in my office as of a date not less than seven days before the date of said meeting in accordance with G. S. §143-318 . 12 . WITNESS my hand and the corporate seal of said County, this 5th day of December 1994 . lev - - / � � Clerk to t - Board of .mmissioners 5 STATEMENT OF THE RESULT of the SPECIAL BOND REFERENDUM, held in the COUNTY OF ORANGE, NORTH CAROLINA on November 8, 1994 UPON THE QUESTION OF APPROVING $5, 000, 000 FARMLAND PRESERVATION BONDS At a special bond referendum held in the County of Orange on November 8, 1994, 66,488 voters were registered and qualified to vote. At said referendum 11,258 votes were cast for the order adopted on September 6, 1994 authorizing an amount not exceeding $5, 000, 000 Farmland Preservation Bonds of the County of Orange, North Carolina, for the purpose of providing funds, with any other available funds, for implementing a program of farmland preservation in said County, including the acquisition by purchase, lease or otherwise of land or any interests therein (including development rights) to maintain, protect, limit the future use of or otherwise conserve open spaces and open areas constituting farmland, and authorizing the levy of taxes in an amount sufficient to pay the principal of and the interest on said bonds, and 13,569 votes were cast against said order, and a majority of the qualified voters of said County who voted thereon at said referendum having voted against the approval of said order, said order was thereby not approved and is not in force and effect. Board of Commissioners for the County of Orange, North Carolina