ORDER N0.28423 SUBDIVISION IN ETJ WITH APPOINTMENT OF COMMITTEE On this the 24th day of November 2003 upon motion made by Commissioner Baldwin, Seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to appoint Commissioner Letz, Commissioner Baldwin and the County Attorney to have them meet with the City of Ingram, City of Kerrville and the City Attorneys to discuss a Singular Review for Subdivisions in the ETJ. .~ ~' ~~~~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. r MADE BY: H.A. "Buster" Baldwin OFFICE: Commissioners' Court MEETING DATE: November 24, 2003 TIlVIE PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Discuss and consider Singular Review for Subdivision in ETJ and possible proposed committee. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: Comm. Pct. # 1 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. ,., ~ K •~4 ~ ~ 5 ... ,... 'a.. .. _. ~,.. .- - e. _. -~. G Legislation Forces Interlocal Agreements for Singular Review Board" CONSTRUCTION EQUIPMENT • Backhoes, Loaders, Dozers, Excavators, Motor Graders, Skid Loaders, Forklifts NEAUY--DUTY TRUCKS • Cab and Chassis up to 52, 000 GVWR, Cab and Chassis Configured for front Loader Bodies, Roll-Off Containers, Dump Bodies F/REFlGNTING EQUIPMENT • Commercial and Custom Pumper Trucks, Aeria! Ladder and Platform Trucks, Walk-in and Non Walk-in Rescue Trucks, Quick Attack and Brush Trucks SEWEAlNSPECTIONRND CLEANING EQUIP- MENT •Truck-Mounted Combination Units, Truck and Trailer fetter Units, Portable and Uan- Insta/led Inspection Systems REFUSE CONTAINERS • Rear and front Loaders, Side and Automated Side Loaders, Brush and Trash Boom Loaders. Roll-OtfContainers. Transfer Trailers, Recycling Corrtainers SWEEPERS • Purpose-Built and Chassis- Mounted Units, Litter Uacs, Parking Lot Units SEWER AND STORM WATER PIPELINE REHABILITATION • 6-inch and Larger Slip Line Rehabilitation Services YEAICLES • Sedans, Pickups, Police Cruisers, Passenger Uans. Cargo and Shop Vans GROUNDS EQUIPMENT • Tractors, Wide-Area Mowers, Boom Mowers, Golt & Turf Equipment PARKS AND RECREATION EQUIPMENT • Park and Field Lighting, Playscapes and Water Play Equipment, Park Structures Endorsed by the Texas Association of Counties ~a.,..~ ~~~ Endorsed by the texas Municipal League Cal! B010-695-2919 or go to www.bnyboard.com for morn information. Legislation passed during the 78''' Texas Legislature has counties under the gun to complete interlocal agreements with municipalities re- garding the regulation of extraterri- torial jurisdictions (ETJs), unincor- porated areas contiguous to city lim- its. If they can't, a new law requires them to take the matter to arbitration and sets a timeline for that to take place. How it all Began House Bill 1204 is a follow-up to House Bill 1445, passed during the 77''' Texas Legislature, that called for the development of a singular set of regulations and a singular party to approve the permits and collect ap- plicationfees for subdivision plats in ETJs. Under HB 1445, agreements for existing municipalities were sup- posed to be in place by April l , 2002. For municipalities incorporated af- ter Sept. 1, 2001, parties were given 120 days after the date of incorpora- tion. HB 1445 exempted 60 counties from the regulations: those with ETJs for cities with a population of 1.9 million or more (Houston) and those within 50 miles of an international border. Because many failed to complete their agreements, as required, legis- lators passed HB 1204 during the 2003 legislative session to force compliance. In areas with ETJs that extend (continued on page 20) 18 COUNTY PROGRESS I NOVEMBER 2003 3.5 miles or more from the city's boundaries, the agreements must be completed by Jan. 1, 2004. If the ETJ extends less than 3.5 miles from the city's boundaries, parties have until Jan. I, 2006, to complete their agree- ments. If the counties/municipalities fail to reach agreements by the deadlines, they have 30 days to select an arbi- trator or arbitration panel. The arbi- trator orarbitration panel then has 60 days to reach a decision. Counties and municipalities are responsible for costs of the arbitration process. Bill author Rep. Todd Baxter, R- Austin, said HB 1204 was designed to "close a very large loophole" of HB 1445, which mandated no con- sequence for non-compliance. Baxter, a former Travis County commissioner, said many counties are close to reaching agreements, but have stalemated because two or three issues cannot be agreed upon. Short of mandating them to settle, Baxter said these might not be worked out. Paul Sugg, legislative liaison for the Texas Association of Counties, said the failure of some to complete their agreements has left the state in limbo. The new law leaves "no wiggle room" The goal of HB 1445, and now HB 1204, is to simplify the applica- tionprocess for developers and those who issue the permits. Previously, subdivision plats were approved by both the city and the county. Shanna Igo, director of legisla- tion services for the Texas Munici- pal League, said the intent is diffi- cult to argue and said she believes the mandatory agreements have brought cities and counties together. Some would disagree. The Process of Reaching Agreement Russ Molenaar, Hays County commissioner, said the "legislation has created a nightmare" by tearing apart cities and counties that were working together to regulate ETJs. Molenaar, whose precinct con- tains one of the state's largest ETJs, said the city and county were shar- ingresponsibility for ETJs before the legislation forced them to go head- to-head. Molenaar said he is operating with the best interests of his constitu- ents in mind. He said he doesn't be- lievehis constituents living in an ETJ should have to follow regulations by a city in which they can't choose elected officials. That's similar to "taxation with- out representation," he said. Hays County Judge Jim Powers said the county has completed a few of its agreements, but has reached an impasse with those in Molenaar's ju- risdiction. Like other counties, Hays County will have to work out the dif- ferences or face arbitration. Despite this conflict, Powers said he favors the agreements and en- courages counties to continue work- ing on them because he sees them as a good planning tool. (continued on page 22) 20 COUNTY PROGRESS I NOVEMBER 2003 "Counties need to move into that arena because we haven't always done that," Powers said. "The growth is in the counties, and we need all the tools we can get." Mark Riley, Parker County judge, said he doesn't see the legislation as creating a "one-stop shop" because the counties still have to sign off on ETJ applications, even if a city is given power to approve plats. "The court won't sign off blindly on something," he said. Previously completed agreements in the county call for the county to control ETJ approval -the way it has always been handled in Parker County. The process has stalled in places were the cities want control and, ac- cording to Riley, to use the agreement as a tool to stop developers. Riley said he believes the county has developed a fair system and one that most developers in the county like. He said the court's goal is to comply with the law, and meetings with the remaining municipalities aze be- ing scheduled in an attempt to reach agreement. In many cases, unlike Parker County, cities are given the power to regulate ETJs. Under that scenario, the development of roads is be- coming acause for concern with county officials. Johnson County Judge Roger Harmon said the agree- (continued on page 54) 22 COUNTY PROGRESS I NOVEMBER 2003 V.G. Young Institute Appoints Program Specialist Stacy D. Hoefling has joined the staff of the V.G. Young Insti- tute of County Government fol- lowing her appointment as pro- gram specialist, effective Oct. 1. "We aze fortunate to have a person of Stacy's caliber to fill this important role," said Institute Di- Stacy Hoefling rector Richard Avery of Texas Co- operative Extension, The Texas A&M University Sys- tem. "She brings a great deal of leadership development experience to the position." A 1999 cum laude graduate of Texas A&M Univer- sity, Hoefling earned a bachelor of science degree in ag- ricultural development with an emphasis on public policy leadership development. In August 2003, she earned a master of agriculture degree in natural resources development from Texas A&M. She was experiential education consultant for A&M Science Academy at A&M Consolidated High School from January 1998 to May 1999, and served as coordi- nator for a congressional internship program in the Of- fice of External Affairs, The Texas A&M University System Agriculture Program, from January 1998 to De- cember 2000. From February to August 2002, Hoefling was di- rector of the Agriculture Policy Board in the office of state Rep. David Swinford, and director of the Texas Legislature Rural Caucus for state Rep. Judy Hawley. Since August 2002, she has served as leadership de- velopmentcoordinator inthe Texas Office of Rural Com- munity Affairs. "The Institute has a successful history of offering quality educational opportunities to Texas county offi- cials, and I am grateful to be a part of this tradition," Hoefling said. "I look forwazd to building on the strong educational programs the V.G. Young Institute of County Government offers to county leaders:' _. ~~ ~.. ~; ~~ a F'.