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Home My WebLink AboutAgenda - 08-04-1993 - VIII-I 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ,,[ICL-2 ACTION AGENDA ITEM ABSTRACT Meeting Date: AUGUST 4, 1993 SUBJECT: ASSIGNMENT OF SURPLUS VEHICLES TO VOLUNTEER FIRE DEPARTMENTS DEPARTMENT: PURCHASING AND CENTRAL SERVICES PUBLIC HEARING:YES: NO: ATTACHMENT(S): INFORMATION CONTACT: PAM JONES, ext. 2650 GS 160A-274 Telephone Number- Hillsborough 732-8181 Chapel Hill 967-9251 Mebane 227-2031 Durham 688-7331 PURPOSE:To consider a policy which allows surplus County vehicles,upon request, to be assigned to volunteer fire departments in Orange County. BACKGROUND: Three volunteer fire departments have requested to purchase surplus vehicles from the County. G.S. 160A-274 (citation attached) grants permission to a governmental unit to sell property which it may own to another governmental unit upon approval by the governing body. For the purpose of this statute, a fire district is defined as a governmental unit. The departments indicate that the vehicles would be used for such functions as traveling to fire scenes, use as a command post at the fire scene and general travel for department administrative purposes. It is proposed that vehicles would be titled to the volunteer fire departments and would become totally the responsibility of the fire department,including,but not limited to,all maintenance, fuel and insurance. At such time the vehicle becomes unsuitable for use, the fire department would dispose of the vehicle in a manner which is consistent with laws governing disposal of property bought with public funds. Request for a replacement vehicle would be made in writing by the Department to the County, who would in turn consider the request and assign a vehicle based on availability of surplus vehicles. It should be noted that the current policy of assigning surplus Sheriff's vehicles to County departments who have limited mileage requirements would continue. The pool of vehicles available to the Fire Department would be those which are essentially ready for auction. The vehicles which have been identified for potential reassignment are three 1988 Chevrolet Caprice. There are a number of options which could be exercised in determining the cost of these vehicle to the fire departments. Three which we have identified include the following: 1. Set the price at "market value" as stated in the current edition of NADA Official Used Car Guide. [Price: $4675 (trade-in value) -$2100 (high mileage deduct)=$2,575] 2. Set the price at the "auction value",which we have determined by taking an average of the prices for which vehicles of like make and model were bought at the annual auction. This year's auction was held in May, 1993. [Price: $1,828] 3. Set the price at a token amount, for example $1.00. 2 It is requested that the Board decide on a methodology to determine the cost of a vehicle to the Fire Department and authorize the Director of Purchasing and Central Services to execute the necessary paperwork to effect the transfer of vehicles. RECOMMENDATION: The Manager recommends that the Board adopt a policy which, upon written request from a volunteer fire department, allows assignment of a surplus County vehicle, based on availability and that the Director of Purchasing and Central Services be authorized to effect the transfers as appropriate,using as a basis for compensation whatever methodology of compensation calculation the Board has stipulated above. - ART, 12. SALE AND DISPOSITION OF PROPE § 1 60A-27,4 nal property by 1990) c. 867; city of Charlotte; 1979, c. 446 1 :ity receives y ul v city of Clinton:1985(Reg.Sess.,1986),c. or alley as a w.\,, o ,assage. A grant of air , es a f ate c 388; y g' rights over a s set i ht of-wa z exchange for 1 an �9�'9, 2; city of Concord: 1985, c. 355; city of ` g y or other ,o exchange r !ts r d #3 1991,C.557,s. 1;city of Salisbury: 1987,c. Property owned t \ city for the purpose prise for g ke cilitlee°o uownia.city of Statesville: 1983(Reg.Sess., 1984),c. of erecting a he �1n or other permanent outside facili f Sess., 1988),c. 883;town of Beaufort: structure (other n utility wires or all outside excha c0 tt w 1g8371;gown of Columbia: 1987, c. 781, s. 1.1; pipes) shall be treated as a sale of real all b ng °ra Mills:1985,c, 285;town of Kenansville: property, except that a ta authori21ng°t!Y tda� O;town of Manteo: 1985(Reg,Sess.,1986),c. ove a street fight-of-way for the air purpose 0 days'regular Ineetin he . ,c.5 of Tarboro: 1985 (Reg. Sess,, 1986), c. 963; of constructing a bridge or -en bpub bhc note f Wpi'n th y Board Pasquot nk County A sport Au- between existing buildings passageway osit ties to ation sides of the street shall be treated as a props han8ed, tort : 1987 (Reg.Sess., 1988), c.1006,Airport Au- (1971, C. 698, S. 1.) of the grant of an easement. changing hands and 'b°" ' ncil's intent to author CASE NOTES CASE NOTES at its next )8, s. 1; 1973 c x4261 a municipal corporation has a twofold charac- Constitutionality.-This section is not a special isfted as and dual powers. The one is variously desig- act and does not violate N.C. Const., Art. II, § 24, f ' public, governmental, political or legisla- which prohibits the enactment of any local, private, , or rental of �,in which the municipal corporation acts as an or special act or resolution regulating labor, trade, Prep, troy of the State,The other is variously designated mining,or manufacturing.Cheape V.Town of Chapel o- r municipal, private, quasi-private, or proprietary. Hill, 320 N.C. 549, 359 S.E.2d 792 (1987). ed by a city is v.City of Washington, 63 N.C. App. 552, 305 such terms and u 0,2d 754 modified on other grounds,309 N.C.818, § 160A-274. Sale, lease, fie council may deter- !10 S.E.2d 610 (1983). joint use sof exchange and t} onger than 10 NA section empowers a city to lease or rent 1 governmental provided yew; s4 property owned by the city for such terms and property. provided and such conditions as the council may determine. } ; that the power is to be exercised by the governing body of „ (a) For the purposes of this section needed by the city for I tee municipality acting in its ov l administrative unit" means a an count g proprietary, rather g " section, 3. In determining capacity. y school administrative unit, sanitary dis- ° than its governmental ca acit Lewis v, City of , ass, periods that nil, wpbington, 63 N.C. App. 552, 305 S.E.2d 752, trict, fire district, the State, or any other 'al term by o done modified on other grounds,309 N.C. 818,310 S.E.2d public department, { ll be includes, p uo(1983). board, authority, nsti ` leased only corporate agency, board, commission, or institution. f ' Y Pursuit The city's proprietary or co power to (b) Any governmental unit may, upon i 3 cased o ly pu wetract for the leasing of its property is limited, such terms and conditions as it deems 1 �n8 k cannot be exercised so as to disadvantageously wise, with or without consideration, ex- i it ease or rental agree. elect the governing body's governmental ular council meeting ; The true test is whether the contract-itself deprives a change with, lease to, lease from, sell to otice. Notice shall be { t 8 body,or its successor,of a discretion which purchase from, or enter into agreements t ) describing the prop- pike policy demands should be left unimpaired. regarding the joint use by any other gov- rented, stating the - tons v.City of Washington, 63 N.C. App. 552, 305 ernmental unit of any interest in real or use payments, and 3.B•2d 752,modified on other grounds,309 N.C. 818, personal property hat it may o il's intent to autho- 310 SE2d 610 (1983). Y k (c) Action under this section shall be at its next regular Applied in National Medical Enters., Inc. v. taken by the governing body of the govern- t?# 9eodrock,72 N.C. App. 245, 324 S.E.2d 268 (1985). mental unit. Action hereunder by any 1 State agency, except the Department of d be given for reeo- uses or rentals for i 160A-272.1. Lease of utility or enter- Transportation, shall be taken only after ass, and the council prise property. approval by the Department of Adminis- f: y manager or some Sul G.S. 160A-321, a city-owned tration. Action with regard to State prop- k we officer authority public Y arty under the control of the Department rroperty for terms of agl�rleof or ublic service enterprise, or part of Transportation shall be taken by the for terms of moro , may be leased. (1979, 2nd Sess., c. Department of Transportation or its duly treated as a sale of I�7, s• 27.) authorized delegate. Provided, any county ctreate by following board of education or board of education uthor acute zed for sale of i 1IQA-273. Grant of easements. for any city administrative unit may upon 698, s. 1; 1979, 2nd such terms and conditions as it deems A city shall have authority to grant wise, lease to another governmental unit rents over, through, under, or across for one dollar ($1.00) per year any real )uplin: 1987, c. 50; 1997 i tY property or the right-of-way of property owned or held by the board which >. 6; Lincoln: 1983 (Rsi. �Y public street or alley that is not a part has been determined by the board to be 411, e. 1;Lincoln: 1983 task State highway system.Easements in unnecessary or undesirable for public Reg.Sess., 1986),c•943 Feet or alley right-of-way shall not be school purposes. (1969, c. 806; 1971, c. 698, 1.1; Wake: 1979,c. 2* R1nted if the easement would substan- s. 1; 1973, c. 507, s. 5; 1975, c. 455; c. 664, g )f Asheboro: 1989 (lts- �a11Y impair or hinder the use of the street s. 9; c. 879, s. 46; 1977, c. 464, s. 34.) i i 571 41 k'3'' x n+cAY