The URL can be used to link to this page

Home My WebLink AboutAgenda - 05-04-2004-5nORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 4, 2004 Action Agenda Item No. _Cj-(- SUBJECT: Disposition of Orange County Board of Education Property DEPARTMENT: Manager/Attorney PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 4/13/04 County Attorney Letter 4/12/04 OCS Board Resolution 3/24/04 Letter to OCS Board from Allisons INFORMATION CONTACT: Rod Visser, ext 2300 Geof Gledhill, 732-2196 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider a request from the Orange County Board of Education regarding any interest the County might have in exercising its right of first refusal to acquire Board of Education surplus property, BACKGROUND: As outlined in the attached letter from the County Attorney, school systems considering whether to dispose of certain surplus properties are required to offer that property at fair market value (or under other mutually acceptable terms) to the Board of County Commissioners in which the school system and the property are located. The Orange County Schools (OCS) have received a request from Owen and Mabel Allison to remove a structure from the property of the planned site for OG5 Middle School #3, That property was sold to OCS by the Allisons earlier in 2004, The structure in question is the Allisons' house, which they propose to relocate to another parcel of land in this area. Staff recommend that the BOGC decline to exercise their right of first refusal on the Allison home, thereby enabling the Board of Education to dispose of the property as outlined in their attached resolution. FINANCIAL IMPACT: There is no direct financial impact associated with this action, RECOMMENDATION(S): The Manager recommends that the Board decline to exercise its right to obtain the property described in the agenda materials, and direct the County Attorney to provide written notification to that effect to the Board of Education's attorney. LAW OFFICES COLEMAN, GLEDHILL, HARGRAVE & PEEK A PROFESSIONAL COMORATION 129 E. TRYON STREET P. O. DRAWER 1529 HILLSBOROUGH, NORTH CAROLINA 27278 919-7322196 EAX 9t9~732-7997 wunv.cgandh.com April 13, 2004 Mr. Rod Visser Assistant Orange County Manager Post Office Box 8181 Hillsborough, North Carolina 27278 FROM THE DESK OF GEOFFREY E. CLEDHIC L. EMAIL: scaRmyslulhN@«nndhmm RE: Allison property purchased by Board of Education Dear Rod: Enclosed is correspondence and a Resolution of the Orange County Board of Education that I received from Mike Parker, the Orange County Board of Education's attorney, As you know, under N.C. Gen. Stat. § 115C-518 Orange County has what amounts to a first refusal on property owned by a board of education that is planned for disposition by the board of education, The statute requires that the Board of Education afford the Board of County Commissioners "...the first opportunity to obtain the property. The board of education [must] offer the property to the board of commissioners at a fair market price or at a price negotiated between the two boards..,," There has been no negotiation between the Board of Education and the Board of Commissioners with respect to the house and building that the Board of Education proposes to sell back to the Allisons. Therefore, I would interpret the Resolution of the Board of Education to be an offer to sell these structures to orange County for a sum of $1.00 with a requirement that Orange County remove them, through one method or another, from the Board of Education land where they now "reside," at Orange County expense on or before July 21, 2004. This "offer" on the part of the Board of Education should be presented for the Board of Commissioners consideration in time for Mr. Rod Visser Page 2 April 13, 2004 the Board of Commissioners to respond in time for the buildings to be removed by July 21, 2004. Very truly yours, CQLEMAN, GLEDHILL, HARGRAVE & PEEK, P.C. 11 GEG/lsg Enclosures xc: D. Michael Parker, lsg:letters\visserallisonprop.ltr Esquire FAX TRANSMITTAL COVER SHEET CHESHIRE & PARKER ATTORNEYS AT LAW P.O. BOX 100 100 NORTH CHIJRTON STREET HILLSBOROUGH, NC 2727$ TELEPHONE (919) 732-8141 FAX (919) 732-9167 mikeparker@cheshire-parker.com IJATE: April 12, 20D4 Tp; Geof Gledhill FAX NUMEER: 732-7997 FROM: P. MICHAEL PARKER LOCATION: P.Q. BOX 7.00 HILLSBOROUGH, NC 27,278 Geof: The Board of Education voted to allow Mr. Allison to rea.ove his house and shop building for $1.00, subject to the requirements of NCGS ~115C-518. Since we will (hopefully) be starting the grading for a school on the site sometime in the near future, it would be of a tremendous help if you could get this before the County Commissioners at L•he first opportunity fox their decision. Mr. Allison has purchased a lot and has hired a mover. The July 21 date .in the resolution is 12o days following closing as per the option he gave the School Board. Call if you have any questions. Mike THE INFOAMi1T ION CONTAINED IN TRI6 FAX IS ATTORNEY/ CLIENT PR ZvILEG'nD AND CCb^x IDENTIAL, INTENDFA FCR T.~' L7S5' DF Tim INDI4iDIIAL OA ENTITY NN1ED A90VE.. I? THF, READER OF TF.IS MESSAGE 18 NOT T]iE INi'cI+DED i._RCIP7;P,FT I OR TFIE F,MFLOYEE OR AGENL R£SPCNSIELE TO DELIVER IT TD 2!ffi RECI?LENT), YDD Ai.E HERESY NOTIFIED T®!'_' Tb= DISSEMINATION, pI3TRiEJIION OR COPYING DF TNI6 CDNJ'IUNZCAl ION IS PROP.IPITED. I° YOII RECEIVE THIS CCM,MVNICATIDN IN E.RAOA. PLEASE NOTIFY US DY COLLECT TELEPHONE ANO RETURN TfIE ORZGII.'AL MESSAGE 'IC V6 AT TFL ADDRESS 7~9CVE AT G1Ri EXPENSE.. Mik:.\FAY 5 NORTH CAROLINA ORANGE COITNTY RESOLUTION OP SURPLUS PROPERTY BY ORANGE COUNTY BOARD OF EDUCATION WHEREAS, on March 23, 2004 the Orange County Boarci of Education purchased a tract of land from Owen and Mabel. Allison for' the purpose of constructing a middle school; AND, WHEREAS, there is a one-story brick dwelling which was formerly the home of Owen and Mabel Allison and a storage and shop building located on the said property; AND, WHEREAS, the said one-story brick dwelling and the storage and shop building will need to be demolished and the materials from the demolition disposed of before construction can begin on the middle school; AND, WHEREAS, the estimated cost to the Orange Co~.inty Board of Education for the demolition of the dwelling and the storage and shop building and the disposition of the waste materials resulting from the demolition is between $5,000.00 and $15,000,00; AND WHEREAS, the dwelling and storage and shop buildings are not necessary or desirable for school purposes; AND, WHEREAS, Owen and Mabel Allison have requested that they be allowed to remove the said dwelling and storage and shop building from the site at no cost to the Board of Education; Now, Therefore, BE IT RESOLVED that The Orange County Board of Education does hereby declare the said one-story brick dwelling and the storage and shop building undesi.ra.ble and unnecessary for public school purposes; And, further, BE IT RESOLVED that The Orange County Board of Education declares its intent to dispose of the said. one-s=ory brick dwelling and the storage and shop buildings by selling those buildings to Owen and Mabel Allison for the sum of $ ~ oo and allowing those buildings to be removed :From the property by Owen and Mabel. Allison, provided they car_ be removed on or before July 21, 2009; provided, however that the b Orange County Commissioners shall be afforded the first opportwzity to acquire the said buildings from the Orange County Boarcl of Education in accordance with North Carolina General Statutes §11SC- 516. Adopted this 12th day of April, 2004, THE ORANGE COUNTY HOARD OF EDQCATTON, Hy, SEAL.1 ~~~ IR RSON ATTEST• ~~~~ ~~'~'O'~'~a (CORPORATE SEAL) SECRETAR _~ STATE OF NORTH CAROLINA COUNTY OF ORANGE ORANGE COUNTY BOARD OF EDUCATION c/o MR.MICHEAL PARKER, ATTORNEY 103 N. CHURTON STREET HILLSBOROUGH, N. C. 27278 Now that the closing has been completed on the purchase of our HOME and FARM at 4819 West Ten Road, Efland, N.~• u~chase ands 0 of the NEW MIDDLE SCHOOL, we request the right p move the MAIN DWELLING unit and rear portion of the RENTAL ixnit which is a storage and shop building. It is our understanding that this will save you much of the cost of demolition.. Thank you for your consideration, this the 24th, day of March, 2004. Sincerely, ,,pp < WEN L ~A LISON MABEL C. ALLISON Copy to: Paul ~0~~ _ CPA Mark Oneal _Pickett-Sprouse