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braft 10/8/99 ' <br />sources (and grant. funds, where available). A Board of Directors <br />would be appointed by the Board of County Commissioners (or`at a <br />.future date, if of a intergovernmental nature, by a process spelled <br />out in an interlocal agreement):, which could include Commissioners <br />if desired. A working agreement would be needed to assign <br />responsibilities of the Board of Directors. In .most cases, this <br />involves. the ability to approve land acquisitions consistent with <br />criteria approved by -the funding entity. If this- were pursued, <br />staffing for the landtrust could be provided primarily by the ERCD <br />staff's Director, Land .Resources Manager and GIS support. Other <br />staff. assistance, as in parks and recreation, could be arranged as <br />needed. <br />There is one important difference in this option for counties in <br />- North- Carolina. Because this is not a "home rule" state, special <br />legislative authority. would likely. be needed. for the County to set up <br />and fund anon-profit corporation6. Questions-.also exist about the <br />ability to qualify the corporation as a non-profit with the-IRS, if <br />funding is coming only from Orange County. <br />One of the benefits of this approach is that there would likely be <br />few questions about the use of land being acquired by a land trust <br />- with the assumption that it would be preserved in perpetuity. A <br />County land trust could. also be expanded to be funded by multiple. <br />governments at some future date and could become countywide, <br />with representatives from the .municipal areas and acquisitions with <br />pooled funds. <br />The difficulties with a County land trust would lie in the complicated <br />nature of the arrangement, the questions about non-profit. status <br />-for a corporation created by a local government, the need for <br />special legislation, the need for a charter, membership and bylaws, <br />and potential communication issues with the funding source. <br /> <br />- -.. <br />Coun creates non- rofit cor oration <br />- Board. of Directors appointed by .Board of .Commissioners (and <br />includin two commissioners?? <br />- Staff throu h existin ERCD <br />- -Would re uire s ecial f islation from General Assembl <br />- Ma be roblems with non- rofit status if fundin onl from Coun <br />- Clear ac uisition intent for reservation <br />- Potential for ex ansion to inter overnmental nature if desired <br />- Com licated b laws and communication channels? <br />- fundin sources com licated? <br />40 <br />