HomeMy WebLinkAboutAgenda - 05-18-2010 - 7aORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 18, 2010
Action Agenda
Item No. -~ - (~
SUBJECT: Orange-Alamance Boundary Line Adjustment Process Including Petition
Criteria and 2010 Local Bill
DEPARTMENT: Manager's Office, PUBLIC HEARING: (Y/N) No
County Attorney, Planning and
Inspections, Tax
Assessor/Land Records; IT/GIS
ATTACHMENT(S):
1. January 21, 2010 Memorandum of
Understanding
2. Process Flowchart and Timeline
3. Example Petition Form (Eliza Lane &
Two Maps)
4. 2010 Draft Local Bill
INFORMATION CONTACT:
Frank Clifton, County Manager, 245-2306
Willie Best, Asst. County Manager,
245-2308
John Roberts, County Attorney, 245-2318
Craig Benedict, Planning Director,
245-2592
PURPOSE: To review an Orange-Alamance boundary line adjustment process including
petition criteria and 2010 local bill.
BACKGROUND: Orange and Alamance counties have been working together since 2008, with
the help of the North Carolina Geodetic Survey (NCGS), to reconfirm the 1849 county boundary
line location. As the Board and public may know from previous correspondence and public
meetings, the mapped location of the boundary and associated services have varied from the
physical ground location over the years. Both jurisdictions have been exploring a combination
of the following two general methods with the intent of resolving this issue:
Partial use of method 1: North Caroling Geodetic Survey (NCGS) survey (`straight line")
Partial use of method 2: Boundary line adjustment in certain petitioned area with defined
criteria
On November 9, 2009 both Boards of County Commissioners met in joint session.
On January 21, 2010 both managers reported on a Memorandum of Understanding. (See
Attachment 1.)
Both Boards of County Commissioners are developing criteria that would permit property
owners to petition the joint Boards of County Commissioners for a boundary line adjustment.
This adjustment which will `require' state legislative action is being considered to create a more
2
understandable boundary service line and to reduce the number of houses and lots that are
split.
If the petitions are accepted, then a resurvey of the boundary line must be accomplished and
submitted to staffs and attorneys for a local bill for the 2011 North Carolina General Assembly
Session. The attached 2010 local bill addresses a variety of legal status issues in the interim
(see Attachment 4). The County Attorney will explain the format of the bill. The cost of plat
surveys will be paid for by homeowners or the County.
In certain cases the petition criteria did not include the ability for all homes to stay in their
present jurisdiction. In these cases, children attending a specific school system would be
permitted fo remain in the current school system per an adopted agreement with the school
boards of the respective county.
This abstract is to approve the criteria for the petition process and the timeframe to accomplish
these boundary line adjustments.
The criteria is noted below:
1. Any Alamance or Orange County homeowners that fall within 150 feet of the NCGS
line and would change counties by the NCGS Line could petition to have their home
and property kept in their current county. If the affected property is greater the 1.8
Acres then it would be split between the counties at the 150 foot buffer line.
2. Any Alamance or Orange County homeowners that fall within 150 feet of the NCGS
line and their home would NOT change counties by the NCGS Line could still petition
to have their entire property kept in their current county if their property was 1.8 acres
or less.
3. A parcel is isolated due to a natural feature such as a river.
Attachment 3 is an example of a property owner that could petition based on criteria #1 above
to have their house and property remain in their current tax district.
The potential changes are as follows: 125 property owners could petition amounting to
approximately 30% of the County line. Use of the NCGS line could amount to 70% of the
County line.
FINANCIAL IMPACT: There have been many hours of staff time from a variety of departments
- Manager's Office, Planning and Inspections, County Attorney, Tax Assessor/Land Records,
and IT/GIS. There will be additional staff time spent to accomplish this process. Hard costs
may be necessary to reconcile deeds and plat surveys that straddle the boundary line. GIS
depictions of these plats will need to be `corrected' so that percentage divisions can be made
for tax purposes. This may need to be provided through an outside contract. An estimate for
that contract is not available at this time.
Also, depending on the outcome of the petition boundary adjustment process, the counties may
have to pay a portion not paid for by the property owners. A comprehensive adjustment in a
recently platted subdivision of approximately 10 lots may only be approximately $1,000 per
subdivision. There are 6-10 areas where this may apply.
RECOMMENDATION(S): The Administration recommends the Board of County
Commissioners:
Approve the petition criteria;
2. Approve the process timelines; and
3. Approve the 2010 Local Bill regarding the Orange-Alamance boundary line.
ORANGE COUNTY
HH,LSaoROUGH
NORTH OAROLINA
./ylnarfgrr~ ti.a
Memorandum
To: Board of Commissioners of Orange and Alamance County's
From: FrankW.Clifton-County Manager; Orange
Craig F. Honeycutt -County Manager; Alamance
Date: 1 /2 112 0 1 0
Re: County Line Update
In order to clazify both the Alanrance and Orange Cdiinty's staff recomme~
felt that we needed to give both Boards of Commissioners a joint memo to
• With respect to
County Boazds
proposed to be,
any modificatic
Attachment 1
1artaGlislee~L>q~52
the County line issue, we
ictly where we are at:
Alamance and Orange
and that any changes
;farting point will allow
• We agree that>ive need to domtly wo~k'wtth~We local leg~slativg delegations=for Alamance and Orange
Counttes to mt[oduce a local billlthat;W~ll sgt a timaframe~for,'the tv{o cougttes fo agree.on any
t-.~ -~ 1. h rtt j
mod~ficahons:to ttyesurveyed Ime b1y the 2011 ta~year i,~or all )egalpurposes including taxation, school
~-
attendance ladvse cohtrols, doter tegistrahons;teto we~voUld request leglslatiue action to keep those
applications as nop/ standv_ig unttl the_)rocess of od~fymg thelmeAts com~letO-~We will ask our
delegations to reserve two localbill numbers beginning ofthe "short session to insure that bills will be
available to be introduced during this session.
• We agree that only those properties that aze adjacent to the line or split by the line should be considered
for any proposed change of the surveyed line in any adjustment, Whenever possible the existing surveyed
boundaries of those impacted parcels will be used to determine any final recommendation to modify the
county boundary line.
• We agree that we will also work closely with our MIS Departments to shaze information to coordinate any
changes that will be made to our existing maps to keep costs at a minimum for'both Counties.
• We will work closely with the Town of Mebane to address those areas of the surveyed line within their
municipal limits, and seek their input in addressing any proposed changes to the line where applicable.
• We agree that surveys should only be required by properly owners once a change has been tentatively
approved by both Boards of Commissioners.
AREA CODE (919) 732-8181 • 968.4501 • 688-7331 • 227-2031 • FAX (919) 644-3004
Ext. 2300
January 21, 20?0
We also agree that we need a fair and equitable process should be used as the basis of any change to
the boundary. However, we have some differences of opinion at this time that needs further
refinement before specific criteria aze put into use.
Differences at this time appear to be minimaC We do believe that County staffs will be able to come up with
criteria that both Boards of County Commissioners will be able to accept and support.
County staffs will continue to work on the process in a diligent manner, and hopefully by mid-Mazch we will
have a rewmmendation for both Boazds of County Commissioners to consider and approve.
Please advise if you have any questions or concerns. We will authorize both County staffs to move forward in
this direction unless otherwise dvected by our respective Boards of County Commissioners.
0
Attachment 2
Alamance®range ountlary Implementation Flowchart
Joint Letter to School Board and Superintendent
DRAFT in Regards to Student Agregments
Petitioning
Agree on
Petitioning Process
Receive Line Change Petitions
~ and Criteria
(County Managers)
~
August(September 2010 Z
Joint Staff Review of Create:
Line Change Petitions Line Change Petition, Process,
(Orange/Alamance and Criteria
Staff) January-May 2010
to (Orange/Alamance Staff)
Independent BOCC Review of
Line Change Petitions
SeptlOct 2010 Meet with Legislators
(Orange/Alamance)oint (County Managers)
Staff Report) „
BOCC Joint Resolution of 2010 Local BiII
New Reconciled Line future Transition Language
December 15, 2010 ,., 5
BOCC Joint Resolution of
New Reconciled Line
December 15, 2010 13 County Managers Send Letters to
Citizens Regarding:
1
NCGS Line
.
and
2. Line Change Petition
NCGS Review Submitted Process
Surveys (Orange/Alamance Staff)
_ May/June 2010 e
Legislators Make
Decision
July 1, 2011 15
Tax Assessor & Land Records Work
(OrangelAlamance Staff - 6 Months )
16
Tax Assessor's Prepare
Tax Notices
January 1, 2012
(Orange/Alamance Tax Asse
Land Records Work Based on Resolution
1. Reconcile Parcel Boundaries
2. Split Parcels Based on Boundary
(OrangelAlamance Staff)
(12 - 15 Months)
Tax Assessor's
Prepare Tax Notices
January 1, 2012
(Orange/Alamance Tax Assessor)
Orange County Planning & Inspections (May 2010)
0
- EXAMPLE PETITION -
Alamance-Orange County Boundary Line Adjustment Petition
Owner:
Name
Address 3499 Price Road
Eden, NC 27281
Telephone # 555-5555
Representative: (Include letter from owner(s) giving you permission
Name
Address
Telephone #
Parcel:
PIN # 9920461967
Current Tax Status Alamance County
X ~~angCounty
NCGS Pi oposal Jm ~sdi~ •on/Tax Stat'u~ P~;,Bperty (Alamance County)
Property (Orange County)
~Y_ Property (Both Counties)
_X House (Alamance County)
_ House (Orange County)
House (Both Counties)
Signature, Owner
Attachment 3.1
Page 1
o too 200
®Feef
Orange County Planing aM Inspecfbrts Department
GIS Map Prepared by Brian Carson May 1t, 2010
Eliza Lane Overview Attachment 3.2
0
i Inch=50 feet
0 25 50
®Feel
Orange County Poannirg anO lnspeNOrs Department
GIS Map Prepares try Brian Carson May 11, 2010
Eliza Lane -Petition Example Attachment 3.3
Attachment 4 ~ 0
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2010
SESSION LAW 2010-_
SENATE BILL
AN ACT TO ENABLE THE TRANSITION OF PROPERTIES. OF THE AREA
ALONG THEIR COMMON BOUNDARY BETWEEN ALAMANCE COUNTY AND
ORANGE COUNTY DUE TO THE 2008 NORTH CAROLINA GEODETIC SURVEY
WORK THAT DEPICTED AND MONUMENTED THE HISTORIC ORANGE
COUNTY ALAMANCE COUNTY BOUNDARY LINE AS DESCRIBED IN THE
1849 SURVEY ESTABLISHING ALAMANCE COUNTY
Section 1.
The historic boundary line forming Alamance County from Orange County was
described and surveyed in 1849. Over the years, this line became uncertain and so
pursuant to 153A-18a entitled `Uncertain or Disputed Boundary', both county
cornmissions passed resolutions (Alamance County, December 17, 2007 and Orange
County, January 18, 2008) to request that North Carolina Geodetic Survey (NCGS)
perform a preliminary re-survey and present a proposed map for consideration by both
counties. During the 160 years since the 1849 survey the exact location of the srrveyed
line has become uncertain resulting in unintentional modifications to the boundary line
affecting taxation, school attendance, zoning maps, and elections, within and among
Alamance County, Orange County and the Town of Mebane, North Carolina.
Section 2.
The Alamance County Board of Commissioners agreed, by vote on April 21, 2008
and Orange County on May 20, 2008 to approve authorizing NCGS to conduct the
preliminary survey and the placing of monuments by the NCGS consistent with their
research to form a boundary baseline.
Section 3.
In the 160 years since the initial survey Alamance County Orange County
Boundary Line Alamance and Orange County have entered multiple taxing agreements,
which have resulted in properties being taxed in one county by the adjoining county.
Other situations have arisen in which children of one county attend school in the
adjoining county and voters in one county have voted in the adjoining county. The
General Assembly recognizes the difficulties in addressing these issues and authorizes
Alamance County and Orange County to maintain the cun•ent taxing, elections, education
and any other recognized government function in place until July 1, 2011.
Section 4.
11
(a) On and after July 1, 2011, all papers, documents, and instruments required or
permitted to be filed or registered, involving residents and property in areas affected by
the resurvey of the boundary line, which previously may have been recorded in the
adjoining counties shall be recorded in the county to which the property has been
annexed.
(b) All public records related to residents and property in areas affected by the
resurvey of the boundary line, which were filed or recorded prior to July 1, 2011, in the
adjoining counties, shall remain in those respective adjoining counties where filed or•
recorded, and such records shall be valid public records as to the property and persons
involved even though they are recorded in an adjoining county which is, a county where
the property is no longer located as evidenced by the ,208 North Carolina Geodetic
Survey and the subsequent partial resurvey pursuant to•section 7 of this act.
(c) On and after July 1, 2011, all real and personal property in areas affected by
the resurvey of the boundary line, which was subJectto ad'valorem taxation on January 1,
2011, shall be subject to ad valorem taxes in the>county to which the property is annexed
~~ -~'
for the fiscal year beginning July 1, 2011, tQ tlxe,=`same extent as it,would have been had it
been correctly recognized by the tax de~arl~nents of each cornty on January 1, 2011,
except as hereinafter provided with respecfao•,„classified.. registered motor vehicles. On
July 1, 2011, the adjoining County Tax Admrpistratots 7sha11 transfer,to~•the respective
County Tax Assessors the ad valbxem_tax listings and`uv~luations for all iea~ and personal
property subject to ad valorem taxation m areas affecfed,by the resurvey of the boundary
line except classified motor vehrcles whreh ~~igre registered in the adjoining counties prior
to July 1, 2011. For the fiscal year`~~hich`liegzns July ~l, 2011, all real and personal
property in areas a~ eted b~ the resurt~e~, of t}~e bounc~uy Irr~e; which was subject to ad
valorem taxation in tllafarea on~~uaiy 1, 201 ~shal~~b~,assessed and taxed as follows:
f F } k _. 3 :f.. ~Y
(1) The ad Valorem pr~itrerty taxes assessed on all classified registered motor
vehicles regrstered or `lrsted m adJorxting coriiittes between January 1, 2011, and June 30,
2011, shall be'~eollected by~'the appoprrate a~ijozn ing county tax collector and all such
taxes shall~he r"etaned,_by ~h~tradjoimng cou~~%: The taxes on all classified registered
motortve~icles regrstered~,paftei Jrne 30, 2011`, shall be assessed and collected by the
County T,~X Department` the couu to which the real property wherein the classified
registeredinotox velvcles aces(tuated~li~s been annexed.
(2) The values established by the particular adjoining County Tax Administrator
on all personal pr`pperty other #~ran classified registered motor vehicles shall be used by
the each County Tax, Assessor~without adjustment in computing taxes due for the fiscal
F ,~.:-~
year beginning July 1;01=1. All such taxes shall be assessed and collected by the
appropriate County Tax Department.
(3) For the interim time period beriveen the annexation of properties into their
respective counties and until such time as the next regularly scheduled revaluation period,
Alamance County and Orange County may select either of t<vo methods of valuating the
property annexed into their respective counties by this act. The selection of either
method by a County shall not give any individual or entity grounds for challenging such
temporary valuation. Such methods are delineated as follows:
(i) The values established by the adjoining County Tax Administrators on
all real property formerly taxed in their county shall be adjusted by the
appropriate County Tax Assessor by applying the difference between one
12
hundred percent (100%) of such values and the appropriate County median
ratio, as established by the Sales Assessment Ratio Study compiled by the
North Carolina Department of Revenue as of January 1, 2012. The taxes
determined by applying this method will be collected and retained by the
appropriate County Tax Collector. The value of such property shall then be
revalued according to the regularly scheduled revaluation period for each
County.
(ii) The values established by the adjoining County Tax Administrators on
all real property formerly taxed in their county shall be adopted by the
appropriate County Tax Assessor upon the transition of property to the
adjoining County. The valuation of such~,pr;~~erty shall then be revalued
according to the regularly scheduled rev~lu~ton period for each County.
(4) Beginning January 1, 2012, all prof
boundary line, which is subject to ad valorem
by the appropriate County Tax Admimshata
for all other properly located in within each C
(5) The final tax values of property sub
by the resurvey of the boundary line as of J
adjoining County Tax Admmrstrator „App~
Commission or to the courts by pro~er~y ow
line change shall be defended by bot~'count%~
their costs and expenses, ~cluding attQrne;
r~ ~:.
appeals. ~ ~'~
areas affected by the resurvey of the
m shall be_ listed, assessed, and taxed
same manriei"as is prescribed by law
to ad va(o_ rem taxation,n areas affected
ty 1;-211, shall be determined by the
`to the North Carolina `Property Tax
r
of)iioperties affected by the boundary
d both counties shall be responsible for
Res._ inclined-,in connection with such
3 .. r it
(6) Any un~aidtaxes dt..~x liens forxthe fiscal-year'°ending June 30, 2011, or for
prior years on proper ~' ~sublect ~o taxatt~ri _ur areas affected by the resurvey of the
boundary hne;~shall coirtin~ue,~~o beRvalid and enforceable by the respective adjoining
county, ucdudrtrg the foreclosure remedies provided for in G.S. 105-374 and G.S, 105-
375, ~nd_~:~the remeches' of attachment and g~rriishment provided for in G.S. 105-366
through~C~.S. 105-368 Thy Alaruanpe County and Orange County Tax Administrators
shall supplyxone another'v~fh a list~of unpaid taxes as of July 1, 2011. Any such taxes
collected by` either county shad be promptly paid to the appropriate adjoining county
including accrued interest. The:"provisions of 105-352 (d) shall not apply to: Those areas
in adjoining couri~y previously=taxed by either County outside the areas affected by the
resurvey of the bounda'Ty iii%e; that shall forthwith be properly listed and taxed in the
county to which they hav~;been annexed; and those areas within each county that were in
the past improperly listed and taxed by the adjoining counties due to uncertainty as to the
exact location of the true historic Alamance County Orange County boundary line.
Under the discovery process, each County may waive any interest and penalties accrued
for tax years 2006-2011, in its sole discretion.
(d) No cause of action, including criminal actions, involving persons or property in
areas affected by the resurvey of the boundary line which is pending on July 1, 2011,
shall be abated, and such actions shall continue in the appropriate adjoining county.
(e) The Board of Elections of each adjoining county shall immediately after July 1,
2011, transfer the voter regishation records pertaining to persons residing in areas
affected by the resurvey of the boundary line and located in either county to the adjoining
13
county's Board of Elections, and thereafter the registered voters so transferred shall be
validly registered to vote in that adjoining county.
(f) The Jury Commission of each adjoining county shall revise its jury lists to add
to or eliminate therefrom those persons subject to jury duty who reside in areas affected
by the resurvey of the boundary line, said revised jury lists to be effective July 1, 2011.
(g) The areas affected by the resurvey of the boundary line and located in each
county shall be transferred into the appropriate Superior Court District, District Court
District, and Prosecutorial District. The areas affected by the resurvey of the boundary
line shall remain in the same Congressional District, the same State House of
Representatives District, and the same State Senate District.
(h) Any cause of action relating to taxation as it=is currently exercised by the
counties along or near the Alamance County Orange Conty boundary, or any other
cause of action related in any way to the Alamance Cquz~ty Orange County boundary or
properties affected by changes in the boundary, is stayed, and no new cause of action
relating to these matters shall be commenced,until`ratificatx~n~of the official line by the
North Carolina General Assembly. Therea,~~r;~causes of action"elated to the taxation of
property shall be defended as described m`s~~tion 4(c)(5) above~~~$=~
Section 5. _' , ~_ * ~,
The Alamance County Bo~fd of Education shall cooperate with the Orange
County Board of Education, on behalf of residents tha~have students affected by this act
to ensure that a transition is made tl}at provi`c~es~students and their siblings with a choice
to remain in their current school svstem:until graduation f`rom._krigh school.
Section 6. ~ ~`` ~,
Any child vsho was a resident of anyiYarea annexed by this act on its date of
ratification and who was a~student-rti the Or~arige or Alamance school system during the
2009-20L03or 2010 2011 ~chool`yeas~ and th`i°-siblings of any such person, may attend
schooLfmrthe sarrf'e school~'systgm as then~s~blings without necessity of a release or
s, u
paymeirt_of tuition. Any such student, while'atfending the Orange County school system,
shall be considered a resrde~t of Orange County for all public school purposes, including
transportation, athletics, arid~~undingt~ormulas. Any such student, wlule attending the
Alamance County~,School system, shall be considered a resident of Alamance County for
all public school'=4pupposes, including transportation, athletics and funding formulas.
Notice must be giv~n~o al~~'affected school systems by the parent or guardian in order to
exercise the privilege gran,~:;~by this section.
Section 7.
Alamance County and Orange County shall establish an administrative method by
which owners of property that is annexed or bisected by the North Carolina Geodetic
Survey line shall have the opportunity to petition Alamance County and Orange County
to either remain in the county to which their property was previously assigned or, in the
case of a bisection, to be assigned to one county or the other, save and except that small
lot subdivisions shall not be divided on a lot by lot basis. Notice of such opportunity to
petition shall be delivered by United States Mail to the affected property owners no later
14
than 30 days after ratification of this act. All administrative reviews on such petitions
shall be concluded and final no later than December 15, 2010.
Section 8.
Alamance County and Orange County shall cause areas of the boundary line to be
resurveyed in areas where properly owners have met the established administrative
criteria to be assigned to a specific county and in areas where for practical or other
reasons the North Carolina Geodetic Survey line is not reasonable or is unduly
burdensome.
Section 9.
Upon the conclusion of the survey and pe
and 7 of this act and no later than May 15, 2011
shall submit to the North Carolina General Assen
that includes both the North Carolina Geodetic~Si
~,
modifications thereto. f :~ ~'
Section 10.
The elected and appointed officials
Orange County shall incur no habilztyYunde:
Ordinance, Rule, or Regulation for :any a~t~
}~_ i
attendance, land use controls, elections, or a
to the currently utilized boupcJary line o~~?,la~
Section 11.
This act bey
In the
sl
President
1,
ss established in Sections 6
County and Orange County
fication a completed survey
dry all mutually agreed upon
acid employees of Alariiarice County and
44 ~: ~:
• any LQCaI` or North Carolina Statute, Law,
or failurefo act relating to taxation school
<- ~,
riy other governmental function as it relates
nance County andOrange County.
this the _ day of , 2010.
s/
Speaker of the House