BC 2006 06 05 WORK SESSION - Laserfiche WebLink

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June 5, 2006 - Agenda Work Session/Recessed Meeting Page 630 fee schedule for Planning and Zoning services: (1) Increases in advertising costs; (2) Cases becoming more complex and requiring more staff time for project reviews and coordination with outside agencies; and (3) Several services currently provided to the public involve research and mailings for which no fee is charged. There was a general discussion on the proposed fee schedule and requested changes, specifically the charge for a taxpayer to appeal a decision of the Planning and Zoning Commission to the Board of Commissioners. UPON MOTION of Commissioner Privette, seconded by Vice Chairman Juba and unanimously carried, the Board voted to place the request for changes in the fee schedule for Planning and Zoning services on the June 19, 2006 Agenda as a New Business item. Contiguous Annexation of Property on Bradford Road by the City of Kannapolis Richard M. Koch, Acting County Attorney, presented information on the contiguous annexation of property on Bradford Road by the City of Kannapolis. In his report, he stated he could not provide a definitive answer as to whether the Coddle Creek Reservoir was annexed by Kannapolis or not. He said Kannapolis contends that the reservoir was not included in its annexation ordinance. If the County wants to know for certain, he said the County would need to request the General Assembly to "de-annex" the reservoir or file a declaratory judgment action to have a court determine if the reservoir has in fact been annexed. Also, he commented on the possibility that the annexation of the reservoir could impact percentage requirements in regards to future involuntary annexations. A 5: 08 p. m., Chairman Carruth opened the floor for comments from the audience. Colin Nowlin of Davidson Road asked to have NCGS 160A-31 (f) read out loud. He stated Kannapolis annexed the reservoir and that it is in the County's best interest to investigate the matter further. He also posed several questions related to satellite annexations and the Kannapolis city boundaries. Fred Wally of Mooresville Road asked the Board for help in determining the legality of this annexation and said Cabarrus County is the only one that has any legal standing. He stated he had spoken with faculty at the Institute of Government and staff from the Attorney General's office and those individuals were of the opinion that the annexation is illegal. He suggested Board members meet with the Kannapolis elected officials to rectify the situation and to take legal action if necessary and as a last resort. Further, Mr. Wally said the contiguous annexation would open up other property in the area for annexations. He said he would like to see the reservoir \\de-annexed" or the four-acre parcel reclassified as a satellite annexation. Betty Lipe, a resident of the Odell community, stated the incorporation of Odell is pending in the General Assembly. She asked for protection for Phase II of the incorporation process. Commissioner Carpenter suggested the possibility of establishing a beautification district for the Odell area. Marlynn Burns, a resident of the Odell community, stated the beautification district is not a possibility at this time. She stated the Board of Commissioners is the only representation the Odell community has and previous meetings with the Kannapolis Mayor and other Kannapolis officials were unfruitful. vice Chairman Juba asked members of the Odell community to submit a written request that states their concerns and outlines the action they would like the Board to take. Chairman Carruth suggested he and Commissioner Freeman meet with Kannapolis officials to discuss the annexation. Ms. Lipe asked the Board to consider placing a voluntary moratorium on annexations in the Odell Community. There was a brief discussion regarding MS. Lipe's proposal for a moratorium along with the possibility of asking municipalities not to annex property in the Odell community until the Odell incorporation is completed.