HomeMy WebLinkAboutAgenda - 08-17-1993 - VIII-B 1
O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: AUGUST 17 , 1993
Action Agenda
Item # `
SUBJECT: RECONSIDERATION--ASSIGNMENT OF SURPLUS VEHICLES TO VOLUNTEER
FIRE DEPARTMENTS
DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No
ATTACHMENT(S) : INFORMATION CONTACT:
GS 160A-274 PAM JONES, EXTENSION 2650
TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251/968-4501
PURPOSE: The Board may wish to reconsider the August 4 decision
on 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 arrival 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
2
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 vehicles 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.
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.
Should the Board wish to reconsider, County Attorney
Geof Gledhill will advise on the appropriate steps.
RECOMMENDATION: As the Board decides.
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ART. 12. SALE AND DISPOSITION OF PROPE`TY § 1 60A-274 3
sal property \ „
p petty b g0) c. 867; city of Charlotte: 1979, c. 446; or alley as a w. o `{assa e. A grant of air
1 tex horn receives a full(°ate � y,c1388;c1 y of Clinton:
C ncord:98986ec,5355;1986),of rights over a s eet` ight-of-way or other
ge for its arid 3, s. Y property owned th\ tit for the u ose
so exchange faeilitpr0p' u�g�°°la•19 of Stat sville: 1983(Re .Sees,, 1984),c. g y permanent
prise for ea 1;city g of erecting a bui .in: or other or F
like fa Of 1 ,O5,s Sess., 1988),c. 883;town of Beaufort.
structure (other
outside a the co cloitiea ,( sip;198371 to'gwn of Columbia: 1987, c. 781, s. 1.1; pipes) shall be treated utility lofsreal
I
exchange rate r 1919, o e Mills:1985,C.285;town of Kenansville: property, except that a
lotion authoriZ1n "1Y �oWn 50; own of Manteo:1985(Reg.Sess.,1986),c. ove a treet right-of-way for the air
I'
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t a days' rneetln the ( !��tj%j l of Tarboro: 1985(Reg, Sess., 1986), c. 963; of constructing a bridge or passageway )
Y ' public g of County Board of Education: 1987, c. 50;
hate p„pli th City - Pasquotank County Airport Au- between existing buildings re opposite 1
t
en ies b to be lication de- "� 1991, C. 26; Goldsboro-Wayne Airport sides of the street shall be treated as a i ;
y rport Au-
�f the pro exchangedr� minty 1987 (Reg. Sess., 1988), C. 1006, s. 5. grant of an easement. (1971, c. 698, s. 1.)
changing p rues an ''
g e han�� and CASE NOTES CASE NOTES i .'
ncil's intent to author
18 ts.its
1; 19731 regular Constitutionality.
' , C. 426 A
municipal corporation has a twofold charac- tY.-This section is not a special
A 0�and dual powers. The one is variously desig- act and does not violate N.C. Const., Art. II, § 24,
�� as public, governmental, political or legisla- which prohibits the enactment of any local, private, F m
Or rental or special act or resolution regulating labor, trade,
Of prn� R which the municipal corporation acts mining, manufacturing. p (
of the State.The other is variously designated
g,or manufacturer Cheape v.Town of Chapel
( ii municipal, private, quasi-private, or proprietary. Hill, 320 N.C. 549, 359 S.E.2d 792 (1987). �..
ed by „`
y a city Inawis v.City of Washington, 63 N.C. App. 552, 305
such terms and p n j10•SE 2d modified 1 8 other grounds,309 N.C. 818, § 160A-274. Sale, lease, exchange and t`
ze council may de joint use of governmental
)'
anger than fir" this section empowers a city to lease or rent g
provided 1 Years nay P-ape �'owned by the city for such terms and property. z',
herein) and such conditions as the council may determine.
determines that the This power is to be exercised by the governing body of « (a) For the purposes of this section, 1
'leeded by the city for the municipality acting in its proprietary, rather governmental unit" means a city, county, P ,
In determining the than its governmental capacity. Lewis v. City of school administrative unit, sanitary des-
ase, periods that Inay Washington, 63 N.C. App. 552, 305 S.E.2d 752, trict, fire district, the State, or any other ( .'
ial term by options to modified on other grounds, 309 N.C. 818,310 S.E.2d public'-district; authority, department, i
11 be included. 610(1983). agency, board, commission, or institution.
leased only pursuant
The city's proprietary or corporate power to (b) Any governmental unit may, upon
council authorize eoetract for the leasing of its property is limited, such terms and conditions as it deems 1
ease or rental a 9 cannot be exercised so as to disadvantageously wise with or without consideration, ex- x
agree- affect the governing body's governmental powers. change with, lease to, lease from
;ular council meeting She true test is whether the contract,itself deprives a g , sell to,
Lotice. Notice shall be governing body,or its successor,of•a discretion which purchase from, or enter into agreements
describing the prop- . public policy demands should be left unimpaired. regarding the joint use by any other gov-
rented, stating the Lewis v.City of Washington, 63 N.C. App. 552, 305 ernmental unit of any interest in real or
rise payments, and
S.E.2d 752,modified on other grounds,309 N.C. 818, personal property that it may own.
il's intent to autho
310 S.E.2d 610 (1983). (c) Action under this section shall be �`=x
at its next regular Applied in National Medical Enters., Inc. v. taken by the governing body of the govern-
Sandrock, 72 N.C. App. 245, 324 S.E.2d 268 (1985). mental unit. Action hereunder by any
d be given for rasa- State agency, except the Department of
rises or rentals for 1160A-272.1. Lease of utility or enter- Transportation, shall be taken only after
,ss, and the council prise property. approval by the Department of Adminis-
y manager or some tration. Action with regard to State prop- ,
eve officer r or some Subject to G.S. 160A-321, a city-owned erty under the control of the Department
roperty for terms of inky f subl is service enterprise, or part of Transportation shall be taken by the
as for terms of more thereof,f 2a) a leased. (1979, 2nd Sess., c. Department of Transportation or its duly
treated as a sale of authorized delegate. Provided, any county
recuted by following board of education or board of education
uthorized for sale o # 160A-273. Grant of easements. for any city administrative unit may, upon
698, s. 1; 1979, 2nd A city such terms and conditions as it deems
y shall have authority to
easements over, through, under, or across for one dollar ($1.00) r ear an governmental re l k
�Y tit ($ per year any real
)ogler: 1987, c. 50; 1987 ; Y property or the right-of-way of property owned or held by the board which
3. 6; Lincoln: 1983 (Re eke State highway system.Easements in unnecessary or undesirable for public
1Reg Wake,1986),c. 273: 1 t or alley right-of-way shall not be school purposes. (1969, c. 806; 1971,c. 698,
tQd if the easement would substan- s. 1; 1973, c. 507, s. 5; 1975, c. 455; c. 664,
,f Asheboro: 1989 (Rest• wally impair or hinder the use of the street s. 9; c. 879, s. 46; 1977, c. 464, s. 34.)
571
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