AGENDA #10

 

MEMORANDUM

 

TO:

Mayor and Town Council

 

 

FROM:

Roger L. Stancil, Town Manager

 

 

SUBJECT:

Land Use Management Ordinance Text Amendment – Changes to Planning Board Composition, Extraterritorial Jurisdiction Membership

 

 

DATE:

June 27, 2007

 

 

PURPOSE

 

Enactment of the attached ordinance would change the composition of the Planning Board to reduce the Board’s extraterritorial planning jurisdiction (ETJ) membership from two to one ETJ representative.

 

RECOMMENDATION

 

We believe the change is proportionally correct as it relates to population figures for the Town and its extraterritorial planning jurisdiction. 

 

The Orange County Commissioners have requested that the Council hold action on this matter until the Commissioners have had a chance to comment on the proposal.  I spoke with the County Manager following the June 18 Public Hearing.  I shared with her that the Council would like to receive any comments the Commissioners have before the June 27 meeting.  We understand that the Commissioners will consider this item either at a work session on June 21 or at a business meeting on June 26.  We will report the recommendation of the Commissioners when it becomes available.

 

The issue with this proposed text amendment is one of timing.  We have recommended that the change occur when the ordinance is enacted.  Action is possible tonight.  The Planning Board recommended that the change not become effective until one of the two extraterritorial planning jurisdiction (ETJ) members appointed by the Orange County Commissioners either resigns or has served two consecutive three-year terms.  One of those appointees is currently serving.  The other has only recently been appointed but not yet sworn in.

 

If the Council chooses to act on the text amendment proposal tonight, we recommend not delaying the implementation.  We have one person currently serving as a County-appointed Planning Board ETJ member.  A second person has been appointed by the County but not sworn in as a member.  Because we have an ETJ member in place now, we recommend that the Council request that the County Commissioners allow the existing County-appointed ETJ member to remain and the new appointee not to be sworn in.

 

Later on tonight’s agenda, the Council will consider making appointments to the Planning Board.  Without consideration of this text amendment, the Planning Board has three vacant Town-appointed seats.  At a minimum, we recommend that the Council appoint three Town members to the Planning Board tonight. If an additional Town seat is established tonight, the Planning Director recommends consideration of appointment for the fourth Town seat from the Durham County portion of Chapel Hill.  We believe further recruitment within this area may be necessary if this action is desired.