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HomeMy WebLinkAboutAgenda - 06-21-1999 - 5aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 21, 1999 SUBJECT: Resolution of Agreement Regarding Satellite Annexation DEPARTMENT: County Manager ATTACHMENT(S): 6/14/99 Resolution of Agreement Action Agenda Item No. S_ a PUBLIC HEARING: (Y /N) No INFORMATION CONTACT: Manager's Office, Extension 2300 Correspondence between Mebane and TELEPHONE NUMBERS: Orange County Hillsborough 732 -8181 Chapel Hill 9684501 Durham 688 -7331 Mebane 336- 227 -2031 PURPOSE: To act upon the Resolution of Agreement regarding satellite annexation as amended and approved by the City of Mebane. BACKGROUND: A short chronology of correspondence is attached which reflects the written exchanges that have occurred between the City of Mebane and Orange County relative to joint planning initiatives during the last two months. Attachment 1 6/14/99 "Resolution of Agreement Regarding Satellite Annexations" Attachment 2 4/19/99 Orange County Letter to Mebane Attachment 3 4/20/99 Mebane Letter to Orange County Attachment 4 4/29/99 Orange County Letter to Mebane Attachment 5 5/28/99 Manager Memo re: "Mebane Resolutions on Joint Planning" Attachment 6 Draft "Resolution of Agreement Regarding Satellite Annexations" Attachment 7 Draft "Resolution of Intent to Pursue Elements of Joint Planning" Based on the resolution adopted by the City of Mebane effective June 14, Orange County would have 60 days to review and respond to a request for satellite annexation within Orange County, but not the ability to approve or disapprove such a request; which was proposed in Orange County's draft. FINANCIAL IMPACT: None at this time. RECOMMENDATION(S): The Manager recommends that the BOCC accept this resolution as an initial step of joint planning with the City of Mebane, with follow -up correspondence to the City of Mebane emphasizing that a specific timetable be developed by the respective managers to have the "Resolution of Intent to Pursue Elements of Joint Planning" (Attachment 7) ready for approval by both governing bodies in the early fall. 3 VnL RESOLUTION OF AGREEMENT REGARDING SATELLITE ANNEXATIONS The Resolution of Agreement is entered into the 14 day of 1999, by and between the City of Mebane (City) and Orange County (County). WHEREAS, the City of Mebane is located primarily within Alamance County but does have the eastern portion of its jurisdiction and extra - territorial jurisdiction (ET,>) within Orange County; and WHEREAS, the City- of Mebane and Orange County herein acknowledge that joint planning and communication are important facets of quality development and effective government; and WHEREAS. satellite annexations within Orange County by the City of Mebane are a concern of the Board of County Commissioners and their residents; and f% WHEREAS, the passage of this resolution is in the best interests of the citizens of" the City and County. NOW, THEREFORE, BE IT RESOLVED that the aforementioned parties do agree to the following element of joint planning and interest. Section 1. Satellite Annexation The General Assembly of North Carolina has determined that under certain narrowly defined circumstances, cities in North Carolina may exercise the power of annexation as to satellite areas not located contiguous to a City's primary corporate limits. Nothing contained herein shall be construed or interpreted to limit the ability of the City of Mebane to exercise these powers granted to cities by the Legislature. Recognizing that Orange County cumently exercises zoning control throughout the County in areas not.regulated by cities, the City of Mebane acknowledges that legitimate interests of Orange County require that the County have - an input in the decision making process when Mebane considers satellite annexations within Orange County. Section 2. Process Upon receipt of a request for satellite annexation, the City will forward such request to the County prior to taking any action on said request. The City will not take further action on said request until the County has had an opportunity to review the proposed satellite annexation and forward its comments with respect to same to the City. If no comments are received within sixty (60) days, the City may proceed without further consulting with the County. The City will take the comments of the County into consideration when exercising its legislative functions with respect to a request for satellite annexation. Section 3. Effective Date The effective date of this Resolution of Agreement shall be the date whereby both signatures are finally affixed and it shall remain in full force and effect until modified or terminated by either party. Attested to by the undersigned: Alice M. Gordon, Chair Orange County Board of Commissioners G c G endel Stephenso , Mayor City of Mebane Alice M. Gordon, Chair Stephen H. HaUdods, Vice Chair Margaret W. Brown Moses Carer, Jr. Barry Jacobs The Honorable Glendel Stephenson Mayor, City of Mebane 106 E. Washington Street Mebane, NC 27302 Dear Mayor Stephenson: Orange County Commissioners P. O. Box 8181 200 S Cameron Street Hillsborough, NC 27278 April 19, 1999 .5 ° F o_ tat Given the growth pressures jointly faced by the Town of Mebane and Orange County, the Orange County Board of Commissioners sincerely wishes to engage in discussions with the Town regarding cooperative planning. In particular, the Hebron incorporation request has brought to light many sensitive issues surrounding growth, land -use compatibility, and annexation into unincorporated areas. We believe these can best be addressed through joint planning. Promoting the orderly development of lands while preserving those of distinctive historical, environmental or social character is in our common best interest. So, too, is making the most efficient use of public services and facilities, because the impacts of growth literally and figuratively tax the quality of life of county and town residents. A joint planning agreement would foster cooperation, coordination and analysis of annexation reserve areas and their transition into Mebane's jurisdiction. It might also allow for mutually advantageous efforts in realizing the potential of the I- 85Buckhorn Road Economic Development District (EDD) east of Mebane in Orange County. The Orange County Board of Commissioners is aware of discussion of a legislative option to pursue a moratorium on annexation into our jurisdiction until joint planning is achieved. However, the Board of Commissioners is most interested in collaborative efforts with the Town of Mebane that are cooperative and voluntary. We believe prompt collective action on this matter will best serve our citizens, and look forward to meeting with you and our respective managers on April 19 to develop a process for working together. Thank you for your interest in this matter. Sincerely, 1. r Alice M. Gordon Chair cc: Orange County Board of Commissioners John Link, Orange County Manager Geoffrey Gledhill, Orange County Attorney Robert Wilson, Mebane Town Manager. You Count In Orange County AREA CODE (919) 732 -8181: 968 -4501: 688 -7331: 227-2031: FAX (919) 644.300,( Ext. 2130 Mrs. Alice M. Gordon, Chair Orange County Commissioners P. O. Box 8181 200 South Cameron Street mew L MUM J�dd� s(enp„ r� caud. C7M�/a�Pa/or PMir or.� W cW WON% FaftNammD"aw a..PAY Awfa*w! P"Dkeftw p U �9U ,�,i �e 2 6,'S% Hillsborough, North Carolina 27278 DISTRIBUTED Dear Mrs. Gordon: Reference is to your letter of April 19, 1999 regarding the desirability of joint planning /- 6:eop 6!1e04,, discussions, and possible written agreement, between the City of Mebane and Orange County. You refer directly to the Hebron community incorporation request that has apparently initiated your letter and suggestions. We have had an opportunity to read Senate Bill DRSA591- LB125(3.23) sponsored by Senator Kinnard that would restrict the City of Mebane from any annexation action in Cheeks Township of Orange County for a period of five years (until June 30, 2004), and ties the act directlyr to "a joint plarming agreement with Orange County ..: , to be evidenced by adoption of ordinances covering such an agreement. As has been expressed to you, John Link and' Senator Kinnard, the City of Mebane would not react favorably to such legislation: we Seel such action would be virtually an insult to the City and certainly would not encourage a quickened improvement in our working/conversational relationship. A quick final word about the proposed legislation and then I will speak to the possibility of a joint planning activity. Since the action of the Mebane City Council to annex two areas of Orange County through satellite annexation seems to have been the catalyst for this legislation, we would propose that Mebane will not enter into any additional satellite annexations affecting Orange County without the written consent of the Orange County Commissioners. I believe the Council will approve this action; this would be much better for our future relationship than some type of legislative action "aimed at" the City of Mebane. Let's not destroy the relationship that has already begun to improve through the several discussions we have enjoyed over the past months. About joint planning: the City of Mebane would welcome any opportunity to begin discussions about some agreements with Orange County ... as soon as we can arrange mutually satisfactory dates. Would you like to begin those discussions prior to budget planning? Probably not. I suspect both bodies will be involved with budgeting from very soon well into June. However, perhaps we can set an initial meeting to get our thoughts in order prior to our budget studies, and then continue them after our budgets are completed and in place. I would invite you to have John Link and Robert Wilson work out that date. �t Aham C*",: Moo 3NO � AdW 106 E. Washington Street comw 1WHads.A�PMr= Mebane, N.C. Z730Z r. a a.1 (919) 563.5901 so aqw _ Vm"U cnsRna�. April 20, 1 Mrs. Alice M. Gordon, Chair Orange County Commissioners P. O. Box 8181 200 South Cameron Street mew L MUM J�dd� s(enp„ r� caud. C7M�/a�Pa/or PMir or.� W cW WON% FaftNammD"aw a..PAY Awfa*w! P"Dkeftw p U �9U ,�,i �e 2 6,'S% Hillsborough, North Carolina 27278 DISTRIBUTED Dear Mrs. Gordon: Reference is to your letter of April 19, 1999 regarding the desirability of joint planning /- 6:eop 6!1e04,, discussions, and possible written agreement, between the City of Mebane and Orange County. You refer directly to the Hebron community incorporation request that has apparently initiated your letter and suggestions. We have had an opportunity to read Senate Bill DRSA591- LB125(3.23) sponsored by Senator Kinnard that would restrict the City of Mebane from any annexation action in Cheeks Township of Orange County for a period of five years (until June 30, 2004), and ties the act directlyr to "a joint plarming agreement with Orange County ..: , to be evidenced by adoption of ordinances covering such an agreement. As has been expressed to you, John Link and' Senator Kinnard, the City of Mebane would not react favorably to such legislation: we Seel such action would be virtually an insult to the City and certainly would not encourage a quickened improvement in our working/conversational relationship. A quick final word about the proposed legislation and then I will speak to the possibility of a joint planning activity. Since the action of the Mebane City Council to annex two areas of Orange County through satellite annexation seems to have been the catalyst for this legislation, we would propose that Mebane will not enter into any additional satellite annexations affecting Orange County without the written consent of the Orange County Commissioners. I believe the Council will approve this action; this would be much better for our future relationship than some type of legislative action "aimed at" the City of Mebane. Let's not destroy the relationship that has already begun to improve through the several discussions we have enjoyed over the past months. About joint planning: the City of Mebane would welcome any opportunity to begin discussions about some agreements with Orange County ... as soon as we can arrange mutually satisfactory dates. Would you like to begin those discussions prior to budget planning? Probably not. I suspect both bodies will be involved with budgeting from very soon well into June. However, perhaps we can set an initial meeting to get our thoughts in order prior to our budget studies, and then continue them after our budgets are completed and in place. I would invite you to have John Link and Robert Wilson work out that date. I From statements offered by John in our conversation on April 19m, the indication is that putting together a joint planning agreement would take sometime and perhaps several meetings. It is my personal opinion that legislative action described above will be counterproductive- to the successful initiation and successful delivery of a joint planning agreement that both Orange County and the City of Mebane can be proud of and feel good about. Your points were well made and understood concerning the problems faced by any county when an adjoining city took action contrary to the county Comprehensive Land Plan. We respect your position. We sincerely ask that you respect our position, and that you consider the potential adverse effects should the above legislative action become law as we move Orange County and the City of Mebane into a more harmonious relationship. I thank you for the two most recent meetings we have enjoyed together. I trust we will move very quickly to expand our conversations to include the matters of this letter. Thank you for your courtesies as you presented your thoughts. We look forward to your early response. Cordially, f Glendel Stephenson Mayor Cc: Administration and Council -City of Mebane Senator Ellie Kinnaird Alice M. Condon, Chair Stephen H. Hamotis, Vice Chair Margaret W. Brown Moses Carty, Jr. Barry Jacobs Orange County Commissioners P. O. Box 8181 200 S Cameron Street Hillsborough, NC 2 72 78 April 29, 1999 The Honorable Glendel Stephenson Mayor, City of Mebane 106 E. Washington Street Mebane, NC 27302 Dear Mayor Stephenson: i 6 r� � We appreciate your April 20 letter responding to the desirability of joint planning between the City of Mebane and Orange County. We agree with your perspective that a successful outcome for joint planning requires our mutual effort to understand and address each other's interests and challenges in a constructive, cohesive process. Consistent with that perspective, we are advising the Orange County legislative delegation that the Orange County Board of Commissioners would respectfully request that any local legislation placing a moratorium on annexation by Mebane into Orange County be withdrawn. Rather, we would propose that we mutually pursue the adoption of a joint planning agreement. We are very appreciative of your willingness to pursue joint planning and can state right now that we would like to accept the proposal in your April 20 letter that Mebane will not enter into any additional satellite annexations affecting Orange County without the written consent of the Orange County Commissioners. You indicated that it was your belief that your Council would approve this action, and we believe such an action would be mutually beneficial. We would like to propose that the next steps in our joint planning process, consistent with our recent correspondence should be as follows: 1. That the Mayor and Council of the City of Mebane and the Orange County Board of Commissioners would sign a Resolution of Intent to Pursue Joint Planning that would articulate the principles of joint planning to be followed by both jurisdictions. (a) As examples, this resolution could include the following elements: • a process for satellite annexations as indicated above; • a process for contiguous annexations, to be discussed; You Count In Orange County AREA CODE (919) 732 -8181: 968 -4501: 688 -7331: 227 -2031: FAX (919) 644 -3004 Ext. 2130 • collaboration on water and sewer extension plans; • collaboration on efforts within the Economic Development District (EDD) in the I- 85/I -40 Buckhorn area; • protection of natural resources including watershed preservation; • coordination of transportation initiatives, particularly related to the I- 40/1 -85 Corridor, • shared information as to the impacts of development in areas of mutual interest, to include impacts of service requirements: i.e. fire, law enforcement, schools, recreation, and so forth. These elements certainly are not intended to be an inclusive list and we would encourage your suggestions for additional elements to be included (b) We would suggest asking our respective managers to collaborate to develop a final Resolution of Intent to Pursue Joint Planning that outlines the elements of joint planning to be pursued, and that both boards officially approve the resolution within the next 30 days. 2. That after the resolution is signed, the respective managers and staffs would develop a specific time table and methodology to address the elements in a systematic manner. We are looking forward to working with Mebane on joint planning. We sincerely believe the Process will strengthen our working relationship in addressing matters important to our citizens. Sincerely, Alice M. Gordon Chair Attachments: Letter from Chair Gordon to Mebane Mayor Stephenson dated 4/19/99 Letter from Mebane Mayor Stephenson to Chair Gordon dated 4/20/99 cc: Mebane Town Council Orange County Commissioners Senator Eleanor Kinnaird Senator Howard Lee Representative Joe Hackney Representative Verla Insko John Link, Orange County Manager Robert Wilson, Mebane City Manager 1460c1 '- +^ W ORANGE COUNTY HILLSBOROUGH NORTH CAROLINA ✓ylaica�u� 1asQ�ird/iu�G 176$ MEMORANDUM TO: Orange County Board of Commissioners FROM: John Link, County Manager DATE: May 28, 1999 RE: Periodic Updates on Significant Topics I have several updates for you as summarized below and in the enclosed attachments: 1. I am collaborating directly with Robert Wilson, City Mager of Mebane, on r 'ons for joint planning. We are giving first priority to a Reso on of�reement oilite Annexat�o governing bodies would hopefully agree to before the s b wor 'c�a ' { . -y p[sXlde� nt 1 a. Robert is trying to get this on his Council's agen �w.uwwrasa6,..�,.� I have also discussed the other 7oa t l�k*m 4t- A tc S�q 'with Robert. He believes, and I agree, that this' on' y he a planning directors during the course of the s the next few weeks, I believe that would be a si _ A. f' r X�, ;, �� 2. The Solid Waste Alternative Financing Committee met a number of times earlier this fiscal year to consider options to generate additional revenue to support the new facilities and programs that will be necessary to meet our solid waste reduction goals. One idea that has been suggested is a set of service districts in which ad valorem taxes could be levied at different rates as necessary to support the specific level of solid waste services that might be provided in those individual districts. The materials at Attachment 2 were provided to the Chapel Hill Town Council as an analysis of the feasibility of solid waste service districts. We are passing this along now, as it seems that with the County's pending assumption of solid waste management responsibility, it is unlikely that the Alternative Financing Committee will meet again and likely that the Board of Commissioners will make the ultimate decisions on solid waste financing mechanisms. AREA • 968 -4501 • 688.7331 • 227 -2031 • vrxr�T- RESOLUTION OF AGREEMENT REGARDING SATELLITE ANNEXATIONS The Resolution of Agreement is entered into the day of . 1999, by and between the City of Mebane (City) and Orange County (County). WHEREAS, The City of Mebane is located primarily within Alamance County but does have the eastern portion of its jurisdiction and extra - territorial jurisdiction (ETJ) within Orange County; and WHEREAS, The City of Mebane and Orange County herein acknowledge that joint planning and communication are important facets of quality development and effective government; and WHEREAS, Satellite annexations within Orange County by the City of Mebane are a concern of the Board of County Commissioners and their residents; and WHEREAS, The passage of this resolution is in the best interests of the citizens of the City and County. NOW, THEREFORE, BE IT RESOLVED that the aforementioned parties do agree to the following element of joint planning and interest. Section 1. Satellite Annexation Satellite annexations by the City will not be effectuated unless there is written approval by Orange County. Process Section 2. A resolution from the City regarding a satellite annexation request will be forwarded to the County for action by the County Commissioners within 60 days. An approval or denial will be in the form of a County resolution and a certified copy will be sent to the City within 5 days of County action. Section 3. Effective Date The effective date of this Resolution of Agreement shall be the date whereby both signatures are finally affixed. Attested to by the undersigned: Alice M. Gordon, Chair Glendel Stephenson, Mayor Orange County Board of Commissioners City of Mebane H: W GENDMABSTRAWRES5- 14B.DOC Page 1 of 1 y 1! s 0 -DIrVA �� RESOLUTION OF INTENT TO PURSUE ELEMENTS OF JOINT PLANNING WHEREAS, Planning and development that occurs within Orange County has an effect on various public services; and WHEREAS, The City of Mebane and Orange County herein acknowledge that joint planning and communication are important facets of quality development and effective government; and WHEREAS, Joint planning and analysis are becoming increasingly important in Orange County because the impacts of growth can negatively affect the quality of life for residents; and WHEREAS, This resolution of intent is a prerequisite document to a joint planning agreement and sets forth our mutual effort to understand and address each other's interests and challenges in a constructive and coherent process; and WHEREAS, The City Manager and County Manager and their respective Planning Directors are instructed to work towards developing an agreement on which elements would be incorporated in a future Joint Planning Agreement. The timeframe suggested herein to identify specific element topics is 90 days. WHEREAS, The passage of this resolution is in the best interests of the citizens of the City and County. NOW, THEREFORE, BE IT RESOLVED that the aforementioned parties do attest to, in good faith, the following elements of joint planning, cooperation and interest which may include the following: Various Elements 1. Contiguous Annexation 6. Public Services 2. Water and Sewer Service Plans 7. Transfer of Development Rights (TDR) 3. Economic. Development 8. Development Process Coordination 4. Transportation Planning 9. Joint Planning Agreement (JPA) and JPA 5. Natural Resource Preservation Amendment Implementation Timefiame H:\AGENDA\ABSTRA99\res5- 14.doc Page 1 of 2 ,;, Effective Date The effective date of this Resolution of Intent shall be the date whereby both signatures are finally affixed. Attested to by the undersigned: Alice M. Gordon, Chair Orange. County Board of Commissioners HAAGENDA\ABSTRA99\res5- 14.doc Page 2 of 2 Glendel Stephenson, Mayor City of Mebane 13