HomeMy WebLinkAboutAgenda - 10-18-2011 - 7bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 18, 2011
Action Agenda
Item No. ~~
SUBJECT: Orange -Alamance Boundan/ Line `9%' Adjustment Action
DEPARTMENT: Multiple Departments PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S): INFORMATION CONTACT:
1. Executive Summary Frank W. Clifton, Manager, 245-2306
John Roberts, County Attorney, 245-2318
2. A Resolution Agreeing To Deliver a (Plat Craig Benedict, Planning Director, 245-2575
of the Orange -Alamance County Brian Carson, Planning/GIS Project
Boundary (9%) for Incorporation into a Coordinator, 245-2575
2012 Local Bill that Resolves the
Uncertain Boundary
3. 9% Area Outline Summary with Maps
PURPOSE: To address the Orange-Alamance boundary line 9% solution and make a
recommendation for the 9% resolution of boundary location.
BACKGROUND: See Executive Summary (Attachment 1)for more information.
Earlier this year Orange County and Alamance County forwarded two local bills to the NC
General Assembly. Both were adopted and signed into law.
Senate Bill - 201
Session Law - 2011-88
also known as 91 % Bill)
Effective January 1.2012
Senate Bill - 200
Session Law - 2011-87
also known as 9% Bill
Effective - Sub'ect to 2012 Local Bill Lan ua e
The 91 % area is being implemented by respective county staffs.
9% AREA (The Alamance County E3oard of Commissioners reviewed the 9%
resolution at its October 17, 2011 meeting.)
This agenda item relates to the 9% area which is comprised of five segment area adjustments
(shown in red) to the preliminary North Carolina General Assembly (NCGS) line (shown in
green). The 9% local bill did not set elaborate evaluation criteria but language that promotes
"the most appropriate location". The attached maps (Attachment 3) include the
rationale/justification for the determination.
These 9% segments were the same as suggested last year. These adjustments continue to
offer clarity to property owners and the counties in the provision of public services and safety.
FINANCIAL IMPACT: Review of this report does not entail a financial impact beyond the staff
time of the Manager, Attorney, and Planning Department with additional review from Emergency
Services, Tax Administration, and Information Technologies/Geographic Information Systems
Division. Survey costs are primarily borne bey the petitioners and property owners except that
Orange County is recommending paying for a few existing subdivision boundaries (Maps 1 and
5) to make emergency services provision clearer.
RECOMMENDATION: The Manager and p-ttorney recommend the Board adopt the attached
resolution (Attachment 2) which includes submittal of a 2012 Local Bill to resolve the 9% area.
ATTACHMENT 1
2011 ORANGE-ALAMANCE
COUNTY BOUNDARY LINE HISTORICAL SUMMARY
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, Alcoholic Beverage Control (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-Alamanas 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 grouind 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. TherE;in, a 2010 Local Bill 1362 (Session Law 2010-61)
(also known as the 91 % Bill) 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. After this process afollow-up bill, Senate Bill 2011-201, formalized the adjustment.
Both Staffs are in agreement with 91 % of thie line with Orange County. Respective staffs are
implementing the 91 % portion of the line that will be effective January 1, 2012.
This agenda item recommends the remaining 9% of the line based on planning, emergency
services, safety issues, etc. pursuant to Senate Bill 200 and Session Law 2011-87 language.
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 2012 Local Bill on this matter.
4
The Board's October 18, 2011 discussion is untended to garner direction and consensus on the
approach to resolving- the uncertainty of the; remaining 9% boundary line so that the formal
process can continue next year. After both county boards' approval, property owners and
county departments would begin the final survey and implement various aspects of the
transition similar with what was done with tree 91 % area. The 2012 9% Local Bill that would
likely become effective and create a new undisputed boundary line effective January 1, 2013 for
its entire length.
To date, four public information meetings have been held regarding the Orange-Alamance
county line. Residents 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 elected officials, staff, the City of Mebane, and valuable input from the public.
ATTACHMENT 2
FZEzj-~~~~- C~c13 5
RESOLUTION OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
APPROVING THE 9% ORANGE-ALAMANCE BOUNDARY LINE AREA
WHEREAS, the General Assembly of North Carolina enacted Session Law ("SL") 2011-87; AND
WHEREAS, SL 2011-87 authorized Alamance County and Orange County to recommend the
location of nine percent (9%) of the common boundary between Alamance County and Orange
County subsequent to the enactment of Session Law 2011-88, which adopted ninety-one
percent (91 %) of the Boundary Line separating Alamance County and Orange County; AND
WHEREAS, all owners of property within the remaining nine percent (9%) of the boundary area
were notified in writing via first class United States mail not less than 30 days prior to the public
hearing being conducted; AND
WHEREAS, all such owners of property within the remaining nine percent (9%) of the boundary
area were provided the opportunity to address the boards of commissioners; AND
WHEREAS, the Alamance County and Orange County Boards of Commissioners have
reviewed the remaining area of the Boundary Line separating the two counties and subsequent
to public hearings have determined, as authorized by Session Law 2011-87, for purposes of
public safety, emergency access and taxation, among other things, the most appropriate
location for a Boundary Line separating the. two counties along the remaining nine percent (9%)
of the boundary area.
NOW THEREFORE be it resolved by the Board of County Commissioners of Orange County
that the Board herein resolves:
1. that the attached maps depict the most appropriate location for the nine percent (9%)
portion of the Orange County-Alamance County Boundary Line;
2. that respective staffs take appropriate actions to accomplish above boundary line
adjustments including arranging foir surveys of the nine percent (9%) area as
authorized by SL 2011-87;-and
3. That respective staffs shall submit a Local Bill providing for the adoption by the
General Assembly of the remaining nine percent (9%) of the Boundary Line.
Upon motion of Commissioner
of
6
seconded by Commissioner
the foregoing resolution was adopted this the day
I, 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 anyway to the adoption of the
foregoing and that said proceedings are recorded in Minute Book No of the minutes of
said Board.
WITNESS my hand and the seal of said County this
to the Board of Commissioners.
day of
Clerk
Clerk to the Board
THIS PAGE INTENTIGNALLY LEFT BLANK
ATTACHMENT 3
Orange-Alamance~ Boundary Line;
Session Law 2011-87 (9%)
Senate E~ill 200
1)
9% Area (Excluded segments from the 91% boundary)
North Orange Plat (Eliza Lane)
Map 1
Points A & B
2)
Northwest 9th Street Area
Map 2
Points C & D
(within City of Mebane)
3)
Mebane 85/40 LLC & Tanger
Map 3
Points E & F
(within City of Mebane)
4) Collington Farms and Arlington
Maps 4a, 4b, 4c
8
9
Points G & H
(within City of Mebane)
5)
Points I & J
Village of th.e Oaks
Map 5
Note: Points refer to when the 9% segments start and stop as an adjustment to the
preliminary NCGS line.
• Both sides of Eliza Lane are presently being served and taxed by Orange County
• Preserve neighborhood
Justification Avoid split lots/buildings
Emergency responsiveness .and clarity in responsibility is logical
• Development approved under Orange County rules. Splitting lots could create
non-conforming lots and muli:i-county approvals for simple building activities
Eliza Lane -Map 1 ' °
• Emergency responsiveness and clarity in responsibility
Justification .Both sides of the road would) be served by the same county from this area and north
9th Street -Map 2
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Y for votin one county ut where the ABC,
9 and schao- purposes
• Avoid split lots/buildings
• Avoid dual taxing
Justification • Emergency responsiveness and clarity in responsibility is better when entire lot is
in one county
• Eliminates the need to discover where the headboard in the master bedroom
lies which dictates residency for voting and schools
Collington Farms (Northern Section) -Map 4a 13
• Avoid split lots/buildings
• Emergency responsiveness and clarity in responsibility is better when entire lot is
Justification in one county
• Eliminates the need to plot out floor plans of future house to figure out where the
master bedroom lies which dictates residency for voting and school purposes
14
Collington Farms (Newest Section) -Map 4b
Arlington -Map 4c 15
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?' " .a ! a ~, • a EA '..; ' Orange County Planning and Inspections Departrnent
liiiiiiii~ ~ NCGS Survey ! ~ ' A16 A142 ~ ! ~ i ' ~ i ~ 0-126-3 GIS Map Prepared by &ian Carson. 08/12/2011
• Approved project, but yet unrecorded
• Avoid future split lots/buildings
• Emergency responsiveness and clarity in responsibility is better when entire lot is
Justification in one county
• Eliminates the need to plot out floor plans of future house to figure out
where the master bedroom lies which dictates residency for voting and school
purposes
• Preserve neighborhood
• Avoid split lots/buildings
Justification 'Emergency responsiveness and clarity in responsibility is better when entire lot is
in one county
• Development approved under Orange County rules. Splitting lots could create
non-conforming lots and multi-county approvals for simple building activities
Village of the Oaks -Map 5 's