HomeMy WebLinkAboutAgenda - 12-14-2010 - 6aORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 14, 2010
Action Agenda
Item No. 6-a
SUBJECT: Orange -Alamance Bounda Line Adjustment Action
DEPARTMENT: Multiple Departments PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S):
Orange -Alamance Boundary Line Report
1. Executive Summary (page 5-6)
2. November 29, 2010 Joint Orange and
Alamance County Boards of County
Commissioners Work session
Amendment Information and Map and
Table (pages 7- 26)
INFORMATION CONTACT:
Frank W. Clifton, OC Manager
Willie Best, OC Asst Manager
John Roberts, OC County Attorney
Craig Benedict, OC Planning Director
Telephone Number 245-2575
3. A Resolution Agreeing To Deliver a Plat
of the Orange -Alamance County
Boundary for Incorporation into a 2011
Local Bill that Resolves the Disputed
Boundary and Creates Conclusive
Boundary (pages 27-28)
(Please bring November 29 Work Session
Report as base reference )
PURPOSE: To consider the Orange-Alamance boundary Line Report as amended (from
November 29, 2010 Joint county work session) and make a recommendation for the 100%
resolution of boundary location.
BACKGROUND:
UPDATE: December 6, 2010:
Craig Benedict, Orange County Planning Director, attended the Alamance County Board of
County Commissioners meeting in Graham last Monday night, December 6, regarding the
Orange Alamance boundary line. The item title was "Orange -Alamance County Line
Discussion-Clyde Albright, County Attorney, and Bruce Walker, GIS Manager". There were no
materials or written staff recommendations available to the public. Clyde Albright, County
Attorney led the presentation. There were PowerPoint slides available and shown as necessary
as Bruce Walker, GIS Manager, explained the adjustments suggested from the November 29,
2010 Joint Board of County Commissioners work session. These work session adjustments are
noted in this agenda on pages 7 - 26
Below is an abridged summary of the meeting as Craig Benedict understood and reports. He
had the opportunity to clarify, upon request of their Board of County Commissioners, certain
questions. He acknowledges that at times it was difficult to understand the ebb and flow of
discussion but offers the following impressions. (the video of this meeting is available at
http://www.aamance-nc.com/acweb-20/acvideo/commissioners/2010-meeting-
videos/december-6-2010.html )
1. What Orange County staff thought were consensus adjustments based on the November
29, 2010 meeting on the Village of the Oaks/Scarlett Oak Lane and the Morrow Mill Road
area (both sections) were reported by Alamance County staff as Orange County's
additional requests.
2. Alamance County staff commented that Orange County's `9%' request did not meet
administrative criteria, although later noted that half of the area met administrative
`petition' criteria and that the other half loosely met 2010 Local Bill 1362 criteria Section 7
and 8 related to `unduly burdensome'.
3. It was anecdotally reported that Alamance County staff and elected officials received
additional requests after the November 29, 2010 meeting for adjustments and they were
concerned of when do you stop.
4. Craig Honeycutt, Alamance County Manager, noted that the Orange County requests `do
make sense' and `were reasonable' and there is interest to move forward with 100%.
5. A motion was made by Tom Manning, new Alamance County Board of County
Commissioner, to approve the 91 % (i.e. 77% NCGS line and 14% property owner
petitions) and the 9% Orange County request if Orange County `indemnifies'
adjustments. (Note: This did not seem to include any mention of the work session
adjustments) Seconded by William Lashley and approved 4-1 dissenting Tim Sutton.
Agenda Background before update:
The Executive Summary of the 2010 Orange-Alamance County Boundary Line Report
(Attachment 1) of the abstract explain the amendments suggested at the November 29
Joint Work Session. Planning Staff will explain the amendments.
A Resolution Agreeing To Deliver a Plat of the Orange -Alamance County Boundary for
Incorporation into a 2011 Local Bill that Resolves the Disputed Boundary and Creates
Conclusive Boundary explains the action of tonight's meeting. (Update 12/6/10 - to be
amended accordingly)
The Alamance County Board of Commissioners will hear this subject on December 6,
2010. Staff will report on the outcome of their meeting.
FINANCIAL IMPACT: Review of this report does not entail a financial impact beyond the staff
time of the manager, attorney, and planning departments with additional review from
emergency services, tax administration, and IT/GIS. After Orange Alamance County Board of
County Commissioners December meeting, staff will begin to implement the recommendation of
Board action and determine with more detail, the associated readjustment to the tax valuation
and location of various properties. Survey costs are primarily born by the petitioners and
property owners. Orange County is recommending paying for a few existing subdivision
boundaries to make emergency services provision clearer.
RECOMMENDATION(S): The manager recommends the Orange Board of County
Commissioners:
Based on their vote and the guidelines of the 2010 Local Bill 1362, the following options exist
• Administrative reviews are necessary before December 15, 2010 (Section 7)
• Develop consensus on a boundary adjustment 100% or in part for inclusion into 2011
Local Bill.
• The 2010 Local Bill does not note that 100% boundary line resolution is necessary only
that certain actions are necessary "that involve residents and property located in areas
affected by the resurvey". Other areas could remain under current taxing jurisdiction.
Option 1: Vote the same as Alamance County Board of County Commissioners
77% NCGS (green)
14% Petitions (blue)
Except that:
9% Orange County Recommendation area (orange) is without any interlocal
agreement (Note: does not include November 29, 2010 joint consensus
adjustments)
Option 2: Vote on a subset of the Alamance County Board of County Commissioners
69% NCGS (green) (77% less 8% noted below from work session adjustments)
14% Petitions (blue)
83% Subtotal
Hold in Abeyance Two Years existing tax boundaries to remain until addressed
by a time certain set in the 2011 Local Bill
9% Orange County recommendation area (orange)
8% Consensus Adjustments of November 29, 2010 joint work session. This
would include the Village of the Oaks/Scarlett Oak Lane are and the
Howard Miller Subdivisions and east Morrow Mill Subdivisions (red).
17% Subtotal
Option 3: Vote the same as Alamance County Board of County Commissioners
77% NCGS (green)
14% Petitions (blue)
Except that:
9% Orange County Recommendation area (orange) reverts to the green NCGS
straight line (Note: does not include November 29, 2010 joint consensus
adjustments)
NOTE: Meet with Alamance County elected officials (Chair and Vice-chair) and managers after
December 14, 2010 and before the May 15, 2011 Local Bill submittal to determine if there are
any options to the proposals above.
Recommendations Continued
1. Consider the report and November 29, 2010 amendment thereto
2. Approve the 100% solution: Option 1 or Option 3 or
approve the 83% + 17% solution: Option 2
• as noted on Option Drawing 1, 2, and 3 (2012) (respectively matched to the
options) and Table 1 (see corresponding color for specific area)
• to confirm and adjust the boundary line
3. Proceed with implementation, subsequent to the Boards of County
Commissioners December review, to include but not limited to a joint 2011
Local Bill.
NOTE: References to drawings, table and appendix refer to the Orange-Alamance Boundary
Line Report and the attachments included in this abstract
Percentages shown in the abstract and various tables are approximations due to different total
lengths of the boundary, rounding, and different recommendations being included in different
categories.
ATTACHMENT 1
2010 ORANGE-ALAMANCE
COUNTY BOUNDARY LINE REPORT
Executive Summary
In 1849, Alamance County was established from part of Orange County. The original
instructions were to go 9 miles west of Hillsborough and create a line north and south. This line
was surveyed and 13 survey monuments were set in 1849.
Over the years, the line on the ground has been less certain and it has become more of a
negotiated settlement of the respective tax offices.
There are differences between where county officials believe the line is situated on the ground.
With an increase of residential and commercial development along the Orange/Alamance line, it
has become increasingly important to be able to show property owners, with certainty, in which
county all or portions of their property are situated. Emergency Services, school attendance,
tax, voting, police, fire, ABC, and many more county services depend on these boundary lines.
The two Boards of County Commissioners have pursued a process established in North
Carolina law where the location of a boundary between counties is uncertain. That process and
inter-county cooperation can provide a permanent resolution of the location of the Orange-
Alamance line.
The Orange and Alamance Board of County Commissioners requested that the North Carolina
Geodetic Survey (NCGS), an agency of the State of North Carolina, prepare a preliminary
survey of the Orange/Alamance County line. The purpose of this undertaking was to research
and map the original 1849 Orange-Alamance County line using modern survey methods. The
State's efforts did not change the county line, but established a physical location on the ground,
which may vary from the lines developed by the tax departments over the years. The NCGS
team, in 2008, placed monuments in the ground to mark critical points along their surveyed line.
After joint review of this relatively straight NCGS line, the county commissioners from both
counties gave staff direction to allow adjustment to lessen the impact of the shift in the line to
affected homeowners and businesses. Therein, a 2010 Local Bill 1362 (Session Law 2010-61)
as well as, jointly established petition criteria created an opportunity for adjustment to the line for
the majority of homeowners and businesses in close proximity to the line.
This report outlines the findings of the petition criteria and slightly differing recommendations of
staff. This report suggests that a 2011 Local Bill could be submitted next year that would
include three types of boundary line proposals that would resolve 100% of the uncertainty. Both
Staffs are in agreement with 91 % of the line with Orange County recommending a change in 9%
of the line based on planning, emergency services, safety issues, and local bill criteria that they
will be presenting on November 29th. Alamance County staff is willing to support the
modifications to the criteria for this 9% in order to move this process forward. Please note
however, the line is not finalized and will not be finalized until both Boards receive and consider
input and make a final decision by joint adoption and incorporation into a proposed 2011 Local
Bill on this matter.
This meeting is intended to garner direction and consensus on the approach to resolving the
uncertainty of the boundary line so that the formal process can continue in December in earnest
with each individual Board, because 2010 Local Bill 1362, approved this summer, gives us little
time to resolve this matter. After both county boards approval property owners and county
departments would begin the final survey and implement various aspects of the transition
consistent with the previous 2010 and upcoming 2011 Local Bill that would become effective
and create a new undisputed boundary line January 1, 2012.
To date, four public information meetings have been held regarding the Orange-Alamance
county line. Citizens were notified and given the opportunity to ask questions and learn about
the issues and review material in person and on the web.
This boundary line issue has surfaced over the years but without resolve and with increasing
difficulty in resolution. This opportunity to resolve 100% of the line is due to the collaboration
among county's elected officials, staff, City of Mebane, and valuable input from the public.
Postscript -This executive summary was part of the November 29, 2010 report. During this
meeting public comment was received, commissioners deliberated and some minor
amendments were suggested.
Attachment 2
November 29, 2010 Joint Orange and Alamance
Boards of County Commissioners
Work Session Adjustments
A joint work session of the Orange and Alamance Boards of County Commissioners
was held on November 29, 2010. Staff presentations were made, the public provided
the comment and the Boards of County Commissioners deliberated on the report and
information. The overall recommendation in the report was confirmed to:
1. accept the NCGS line (approximately 70%)
2. accept the petitions to adjust the boundary (approximately 14%)
3. accept the Orange County boundary line adjustments based on administrative
and local bill criteria (approximately 9%)
During the meeting and based on comments from the public and Boards of County
Commissioners, a fourth set of adjustments were suggested from a legislative
perspective. This fourth adjustment category will be titled "November 29, 2010 Boards
of County Commissioners Work Session Adjustments". Three areas were the focus of
discussion and adjustment:
4.a. Village of the Oaks subdivision Scarlet Oak Lane and
b. Morrow Mill Road area
1. Specific public input on the Howard/Miller subdivision and
2. Orange County Board of County Commissioners comments on other small
subdivisions in proximity with similar `historic' conditions of platting,
schools, and emergency and fire services. The adjustment suggested
would use Morrow Mitl Road as a clear county line boundary. (See map
4.b.2) This last subsection of Morrow Mill Road area was asked to be
researched to determine if improved public health, safety, and welfare,
and historic clarity and experiences that can be achieved. Research also
shows that there were letters to Board of County Commissioners
requesting this general adjustment similar to that of the Howard/Miller
Subdivision. These Morrow Mill Road east side subdivisions would be
split by the NCGS line otherwise which would create partial school district
situations and loss of historic neighborhood character.
(See letter from William and Alicia Bettman and Lindsey Fass Graham to
Board of County Commissioners dated 9/10/10. They attended the public
hearing but did not speak )
c. Collington Farms, Mr. Hafenmeier spoke of his lack of choice in the
determination of his preference for his lot to be wholly Alamance County, this
minor adjustment can be made
These four sub-areas of this fourth category of boundary line adjustment area are
mapped out separately and listed on the table 1 so a vote can be specific.
Because these areas are rural, the line adjustment linear foot is approximately 10%
4.a Village of the Oaks, 1 %. Cost: Orange County/Alamance County
4.b.1 Morrow Mill Road Area south side- Howard/Miller, 5%. Cost: Orange
County/Alamance County
4.b.2 Morrow Mill Road Area east side, 4%. Cost: Orange County/Alamance County?
4.c Collington Farms Hafenmeier Property
Attachment 2
November 29, 2010 Joint Orange and Alamance
Boards of County Commissioners
Work Session Adjustments
Category Four Justification Criteria
Village of the Oaks and Morrow Mill Area
Both Areas:
• All properties can be served with better clarity by emergency services.
• Entire streets serve both sides of road.
• Multiple requests letters received.
• Less split properties.
Village of the Oaks (Scarlet Oak Lane)(from Orange County to Alamance County):
Morrow Mill Road Area (from Alamance County to Orange County):
• White Cross Orange County Fire Department is closer than Alamance County
services for all properties.
• All properties historically Orange County.
• All platted pursuant to subdivision regulations and recorded in Orange County
only.
• All building and environmental health permits in Orange County.
• No change to school district.
• Out of county school enrollment forms eliminated.
• All properties east of Morrow Mill Road for area 4.b.2.
• Dividing line is primarily Morrow Mill Road
Boundary !dine Summary (Option 1 ) s
Approve 100% which
includes 91 % NCGS
and Petitioned areas
an % Oc
Recommendation
without agreement.
This cti®n does not
include any of the
November 29, 2010
work session
adjustments a r x.
% of the green NCGS
line).
q
t
i
i
OC Staff(9%) N
1 inch=2.7 miles
NCGS (77%) 0 1 2PVes
Petitioned (14%)
Orange County Planning and Inspections Department
GIS Map Prepared by Brian Carson December 09,2010
Boundary Lino Summary (Option 11
Approves 83x®
green and blue line
and
Holds in Abeyanc l7%
orange and red line.
Nov. 29 Meeting Adjustments(8%) N
1 inch=2.7 miles
OC Staff(9%) 0 t z
NCGS (69%) Miles
Petitioned (14%) Orange County Planning and Inspections Department
GIS Map Prepared by Brian Carson December 09,2010
Boundary Line Summary (Option 3) 13
N 1 inch=2.7 miles
NCGS(86%) 0 1 z
® fWles
Petitioned (14%) a ®
Orange County Planning and Inspections Department
GIS Map Prepared by Brian Carson December 09,2010
15
Orange-Alamance Boundary Line
Summa of NCGS and AdWstment Areas
A B C D H
Linear %of Total
Map ID Locations Feet Line** Paid By
1 NCGS 92,085 69
2 Eliza Lane 1,718 1 OC
3 Mill Creek 938 1 Owners
4a Northwest 9th St. 6,151 5 Owners
4b Northwest 9th St. 434 0 OC
5 Tan er/Mebane 8540 LLC 2,5321 2 Propertv Owners
Original/Current
6 a Collin ton Farms 1,146 1 Property Owners
Original/Current
6 b Collin ton Farms 546 0 Property Owners
BDG Arlington Assoc. LLC
Arlington Subdivision Area
7 (south of Collington Farms) 3,2031 2 Current Property Owner
8 Village of the Oaks 2,323 2 OC
9 Cane Creek Area 3,975 3 OC/AC
10.1 - 10.8 Miscellaneous 4,933 4 roperty Owner
4a.1 * Scarlet Oak Lane 1,252 1 OC/AC
4b.1 * South of Morrow Mill Rd 5,998 5 OC/AC
4b.2* East of Morrow Mill Rd 5,361 4 OC/AC
Total 132,811 100
* Based on the Nov. 29, 2010 Joint Meeting
**% of Total Line are approximations
Map �7
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Nov 29, 2010 Joint Meeting Staff - N i md,=ssoreei
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Hafenmaier Property ° 5D
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- Proposed NCGS Line Taxed by Alamance Collington Farms Subdivision
(Based on Nov.29,2010 Joint Meeting)
Boundary Based on Property Owner Petitions Taxed by Orange Dupu County yBrinMrsonDenna0ep06,201
GIS Nap Prepa,ed by Brian Carson Decembar O6,2010
Attachment 3
ORANGE AND ALAMANCE COUNTY BOARD OF COMMISSIONERS
A RESOLUTION
AGREEING TO DELIVER A PLAT OF THE
ORANGE-ALAMANCE COUNTY BOUNDARY
FOR INCORPORATION INTO A 2011 LOCAL BILL
THAT RESOLVES THE DISPUTED BOUNDARY
AND CREATES CONCLUSIVE BOUNDARY
WHEREAS, the boundaries of Orange County were established by act of the Colonial General Assembly
in 1752, Orange County being "formed" from portions of Bladen, Granville, and Johnston counties; and
WHEREAS, the boundary between Orange and Alamance counties was "farmed" by survey
commissioned by an Act of the General Assembly of North Carolina, which Act was adopted during the
Session of 1848 and 1849 (hereafter "the Act") at the time Alamance County was formed; and
WHEREAS, the boundary established by the Act reties on numerous geographic or landmark references
that, while perhaps useful and adequate then, are insufficient now to demarcate where the boundary
between Alamance County and Orange County lies; and
WHEREAS, over the past 161 years various agreements and arrangements were made by and between
the Alamance County and Orange County tax offices which have resulted in inconsistent determinations
between Alamance County and Orange County as to the situs of specific parcels of land in both Alamance
County and Orange County; said inconsistencies being heightened by the ever increasing residential and
commercial development in proximity to the Alamance County -Orange County boundary line; and
WHEREAS, both Alamance County and Orange County agreed by resolutions adopted on December 17,
2007 and January 15, 2008, respectively, to observe North Carolina General Statute 153A-18 in
requesting that the North Carolina Geodetic Survey (NCGS) perform a preliminary survey and present a
proposed map of the county boundary to both Orange and Alamance Counties; and
WHEREAS, on March 11, 2008, NCGS staff presented to the staffs of Alamance County and Orange
County ten points determined through extensive field and office research of the 1849 survey, as well as
the county boundary as depicted on the USGS quadrant maps, which points and boundary NCGS deem to
reflect the 1849 survey; and
WHEREAS, the Alamance County Board of Commissioners agreed, by vote on Apri121, 2008,
to approve authorizing NCGS to conduct the preliminary survey and the placing of monuments by the
NCGS; and
WHEREAS, the Orange County Board of Commissioners agreed, by vote on May 20, 2008, to approve
authorizing NCGS to conduct the preliminary survey and the placing of monuments by the NCGS; and
WHEREAS, Orange County and Alamance recognize that based on previous experiences in resolving
other ambiguous boundary lines, issues affecting residents and property owners in proximity to the
Orange County-Alamance County boundary line will need to be acknowledged and considered in
reaching a final determination as to the location of the boundary line;
WHEREAS„ in order to accomplish the aforementioned consideration of existing conditions, a series of
public outreach and joint Boards of County Commissioners work sessions meeting over three years were
held to create a dialogue and seek input and develop alternatives.
Attachment 3
WHEREAS, to create an orderly process a 2010 Local Bill 1362 (Session Law 2010-61) was approved to
set parameters of boundary line adjustment and set forth future implementation steps.
WHEREAS, after due consideration and deliberation by both Boards of County Commissioners has
produced a common agreement to the location of a proposed new line as illustrated in Map 1, noting that
the vast majority of the line is based on the NCGS work.
WHEREAS, Map 1 will be further developed into a new boundary description that meets the criteria of
the state's office of the Department of Environment and Natural Resources (DENR)1 North Carolina
Geodetic Survey (NCGS) section for incorporation into a bill to be submitted for the 2011 session to
become effective, if approved, on January 1, 2012.
NOW, THEREFORE, BE IT RESOLVED THAT the Orange County and Alamance County Board of
Commissioners:
1. Approve portions of the NCGS line from 2008 and all changes depicted on Map 1.
2. Proceed to survey and describe new boundary consistent with state rules
3. Proceed towards the development of a 2011 Local Bill which would create a new boundary and
4. Upon adoption of the boundary line by the North Carolina General Assembly pursuant to the North
Carolina Constitution, record the map showing boundaries and monuments of the USGS and NC
State Plane Coordinate System with the Office of the Register of Deeds of both counties and in the
Secretary of State office. The map shall contain a reference to the date of each resolution of
ratification and to the page in the minutes of each Board of County Commissioners whet`e the
resolution map be found.
5. Upon formal adoption by the North Carolina General Assembly, the map is conclusive as to the
location of the boundary.
This Resolution takes effect immediately.
Upon motion of Commissioner ,seconded by Commissioner ,the
foregoing resolution was adopted this the 20th day of May, 2008.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North
Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the
proceedings of said Board at a meeting held on as relates in any way to the adoption of the foregoing and
that said proceedings are recorded in the Minute Book of the Board.
WITNESS my hand and the seal of said County, this_day of 2008.
Clerk to the Board of Commissioners
I, ,Clerk to the Board of Commissioners for the County of Alamance, North
Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the
proceedings of said Board at a meeting held on as relates in any way to the adoption of the foregoing and
that said proceedings are recorded in the Minute Book of the Board.
WITNESS my hand and the seal of said County, this_day of 2008.
Clerk to the Board of Commissioners