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350 situated within the zoning jurisdiction Of the Tawn of Carrboro, the Planning Board referred this entire plat to the Carrboro Planning Board. This changed plat has not been reviewed by the County Planning Board. Commissioner Walker moved far the approval of the Heritage Hills Section IV plat. This motion died for lack of a second. Discussion ensued concerning open space, walking paths, and adequ- ate sewer service. Joe Hakan stated that an agreement between the developer and the Town of Carrboro had been made provided the developer repaired the pumping station. He stated that this area had been reserved for sewer space. Upon motion of Commissioner Whitted, seconded by Commissioner Gustaveson, it was moved to approve the Heritage Hills Section TV plat based on the fact that the developer provide a pedestrian easement in places where the public road had been closed and that water and sewer be obtained; that the 3~ acres of open space as approved by Carrboro be provided under the same condition as Carrboro recommended. Voting aye were Commissioner Garrett, Gustaveson, Walker and Whitted. Voting nay was Commissioner Pinney. The motion was declared passed. Chairman Garrett deferred from the Agenda as the Board was pre- sented a Deed of Conveyance. The Board authorized the Chairman to sign the deed to.the Town of Carrboro for twe lots described in the adopted Resolution as sef forth in the minutes of the December 11, 1975 meeting. These lots were obtained through tax foreclosure by the County and are being conveyed to the Town of Carrboro. Chairman Garrett referred to Item #18 on the Agenda: The County Civil Preparedness Coordinator, Mr. Burch Compton, will review with the Board of Commissioners the annual Program Paper of this agency. Burch Compton presented a program paper designed to set forth the County's Civil Preparedness Program for the coming year. The principal aim of this document was to forecast the efforts this agency will make to define the risk of radioactivity fallout which county citizens will be exposed to and formulate a program to minimize this risk. Upon motion of Commissioner Whitted, seconded by Commissioner Gustaveson, it was moved and adopted that the Chairman sign the County's Civil Preparedness-Program for the coming year. Chairman Garrett referred to Item #4 (D) - Results of the County Attorney's investigation into procedures available to adjust boundaries of the extraterritorial zoning jurisdiction of the Town of Chapel Hill. Steve Bernholz, County Attorney, presented a Memorandum to the Board concerning Chapel Hill Extraterritorial Zoning Jurisdiction. "After reviewing Chapel Hill's new charter and other local and general legislation, I am forced to conclude that, with the exception of the Southern Triangle, Chape]~ Hill is not authorized to expand its zoning jurisdiction without additional local legis- lotion. Chapel Hill made the current request under the providions of N.C. Gen. Stat. 160A-360. The statutes is a general authorization for cities of 25,000 or more to extend their zoning jurisdiction up _ to'three miles beyond their corporate limits by ordinance if the Board of County Commissioners of the surrounding county consents to the extension. However, subsection (h) of N.C. Gen. Stat. 160A- 360 limits the cities' authority to expand their zoning jurisdiction by ordinance in that it forebids using N.C. Ge'n. Stat. 160A-360 to amend or modify any local legislation which defines the boundaries of a city's extraterritorial jurisdiction by metes and bounds. If a city's extraterritorial zoning bondaries have been defined by metes and bounds in local legislation, the effects of subsection (h) is to require that before the city can extend its zoning jurisdiction it must obtain additional local legislation amending the previous local legislation either to expand the existing metes and bounds description or to authorize the city to use the powers conferred by N.C. Gen. Stat. 160A-360. This result is consistent with the obvious