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HomeMy WebLinkAboutAgenda - 09-07-2005-5hORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 7, 2005 Action Age 5da k Item No. SUBJECT: Resolution Authorizing the Orange Person Chatham (OPC) Area Authority to Purchase Real Property DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Resolution INFORMATION CONTACT: Gwen Harvey, Assistant County Manager, ext 2300 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider a resolution that allows the OPC Area Authority to exercise its option and acquire and hold title to real property currently under lease. BACKGROUND: In a meeting on August 23, 2005, the OPC/LME Board authorized the acquisition of property held by the Chrysalis Foundation and operated as "club houses" or "crisis houses" for persons with mental health, developmental disability, or substance abuse issues within the three county catchment area. The properties are identified as 211 Webb Street, Roxboro; 4400 White Oak Lane, Hillsborough; 1011 N. Mineral Springs Road, Durham; and 5824 Hadrian Drive, Durham. OPC Attorney LeAnn Nease Brown opines that the two properties located in Durham (Durham County) were originally acquired by OPC with "Thomas S." funds from the state and were most likely acquired outside of the catchment area because of their affordability, availability, and the need - as in most instances with these state funds - to make spending commitments rapidly. "Thomas S." funds were designed to serve cross disabilities populations experiencing aggressive/violent behavior. Attorney Nease Brown projects that there are two additional mortgaged properties to come forward for BOCC ratification over the next several months: "Club Nova" in Carrboro and "Club Insight" in Pittsboro. The Boards of County Commissioners of the three counties must grant approval for the real estate transactions to proceed. Attached is a resolution drafted by Attorney Nease Brown. Annette Moore, Special Counsel to the OPC Director, has provided extensive legal research and technical assistance on this project as well. FINANCIAL IMPACT: There is no financial impact to the County associated with this item. RECOMMENDATION (S): The Manager recommends that the Board adopt the attached resolution and authorize the Chair to sign. ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING ORANGE PERSON CHATHAM MENTAL HEALTH, DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE AUTHORITY TO ACQUIRE AND HOLD TITLE TO REAL PROPERTY WHEREAS, N.C.G.S.§1220-147 provides that real property can be purchased for the use of Orange Person Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority; and WHEREAS, N.CG.C. §122C-147(c) provides that Orange Person Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority may acquire and hold the title to said real property; and WHEREAS, Orange Person Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority currently leases real property located at: 211 Webb Street, Roxboro 4400 White Oak Lane, Hillsborough 1011 N. Mineral Springs Road, Durham 5824 Hadrian Drive, Durham and currently has an option to purchase each of the above mentioned properties for the cost of one hundred dollars from the Chrysalis Foundation; and WHEREAS, Orange Person Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority desires to exercise its option and acquire and hold title to the above mentioned property that it currently leases; and WHEREAS, N.C.G.S. § 122C-147 provides that to acquire and hold title to said real property, the Boards of the Commissions that comprise the catchment Orange Person Chatham Mental Health, Developmental Disabilities and Substance Abuse must by resolution approve the acquisition and titling of such property; and WHEREAS, the Boards of Orange County, Person County and Chatham County comprise the catchment area of Orange Person Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority; NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Orange County, North Carolina does hereby approve the acquisition and titling of the above mentioned property by Orange Person Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority; BE IT FURTHER RESOLVED that upon dissolution of Orange Person Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority, legal title to said property shall transfer in accordance with the terms and conditions set forth in the Interlocal Cooperation Agreement for the Provision of Mental Health, Developmental Disability and Substance Abuse Services between Orange, Person and Chatham Counties. This the 7°i day of September, 2005. Moses Carey, Jr'., Chair Orange County Board of Commissioners