Involuntary Annexation
Probably the flagship concession in many peoples' eyes is an agreement from Cary and Apex to refrain from involuntary annexation into Chatham County. Paul Stam will be introducing a local bill to make this agreement mandatory but these municipalities have also agreed to enter into a 20 year inter-local agreement to refrain from this type of annexation. As Brian Bock explained it to me and on his website, the inter-local agreement is for backup in case the bill does not pass the legislature, and the bill makes the inter-local agreement binding at the state level.
How significant is this? Well it's definitely something. The fact that neither Cary nor Apex has previously involuntarily annexed into Chatham County, and that Cary has a sort-of-but-not-really policy of not doing involuntary annexations may diminish it a bit but not completely.
First of all, as every investment advisor or securities salesman has ever told us, past results are not necessarily indicative of future returns, and you have to look at Cary's involuntary annexation record in that light. After all Cary could have 100% turnover on its town council over the next four years, and the new guys could decide to become aggressive annexers. And also, despite trying to present a benign face to the world on annexation, Cary does do involuntary annexations, or a least has attempted to, in the past and been stopped only by the actions of another town, and Cary continues to make statements implying they will try again in the future. Also Cary has a comprehensive annexation program that they maintain which was last updated in February 2010, which explicitly keeps open the possibility of involuntary annexations in the future.
However it is worth noting from the Cary annexation plan map that no areas in Chatham County are included, so involuntary annexation by Cary was not an immediate threat to any Chatham County property owner. However as Cary grows into Chatham County through voluntary annexations, so-called donut holes would be created, and those are the types of areas that Cary likes to target for involuntary annexation, as you can see from their map linked above, and from the town's past statements on the matter.
So this concession is something and Bock & Co.deserve credit for getting. It closes off the threat of a possible long-term side effect from voluntary annexations. It's a distant threat and a theoretical one, but the agreement preventing it was something worth getting.
What about voluntary annexation?
Voluntary annexation is where the commissioners GOP majority and their opponents differ strongly. The previous board of commissioners and many of their supporters, especially the ones who live in the area most affected by Cary's growth into Chatham County, also wanted a rule that would require Cary to get Chatham's permission for voluntary annexations into Chatham County. But not only was this never on the table, but even if Cary offered it Bock would have turned it down. We have to be clear on this: The Board's Republican majority never would have accepted, much less sought, this concession. It goes against their basic philosophy.
The differing views on this offer an excellent window into the different views of each side on growth and planning issues.
To the Republicans, voluntary annexation is simply property rights. Philosophically they believe that a property owner should be able to seek annexation into the Town of Cary if they choose, since doing so provides an opportunity for water, sewer, and other infrastructure on the annexed property which enables much denser, intense, and lucrative development.
Now in the arguments over this the Republicans often invoke the specter of the small property owner with a failing well and/or septic system who simply wants to join the town to get the basic infrastructure they need to keep their home livable. And Cary does do annexations for this purpose on occasion. But that is a red herring. Commissioners of either party or political philosophy would have not a problem giving annexation permission for such small, one-off emergency annexations (remember what was sought was a requirement that Chatham give permission for these annexations, not an outright ban), especially since they don't change the existing land use in place.
The real interest behind the Republican support for unlimited voluntary annexation is large developers who want to develop property more densely and intensely and profitably than it would otherwise support. For example the developers of Amberly and Cary Park. Note I didn't say "their property" because usually these developers only purchase an option to purchase the land, then pursue annexation and only complete the purchase if they get the annexation. This allows them to use the existing property owner, usually but not always a Chathamite who obviously wants to complete the sale, as a front to make the annexation look local and friendly.
What's so bad about that?
So how could Democrats oppose something as seemingly benign as voluntary annexation? Well because they don't see it as benign. They see it as a way to get around Chatham County's own land use planning. After all if a property is annexed into Cary, all the land use planning and permitting comes under Cary's jurisdiction, not Chatham's. As a point of reference on this, Cary considers three homes per acre to be "low density" development, a definition I doubt many Chathamites would agree with.
So consider a scenario in which a developer wants to put a particularly noxious and intense development right in the Jordan Lake watershed. It may not even be residential, it could be for example an industrial use or a bar like the Goldston Sports Arena, or a go-kart track like Frankie's Fun Park or Adventure Landing (whose Raleigh location has sparked complaints from nearby neighborhoods over late night noise for years). Chatham County could deny the rezoning for this but if the property owner can then turn around and request annexation from Cary and get that permission anyway, Chatham would have to take it and the problems it would bring.
Would Cary do such a thing? Well Cary would benefit from the tax revenue of the development (as would Chatham) without upsetting its own voters since most of those disturbed would be Chatham citizens and neighbors who aren't in Cary, and therefore aren't Cary voters.
This is one of the reasons why the previous Chatham Commissioners wanted a joint land use plan to be worked out with Cary before they gave permission for this pipe, and also why they wanted to have a say in Cary's annexations into Chatham County, including the voluntary ones. It was to protect the Chatham citizens who would be affected but would otherwise have no say in what happens around them. Republicans dismiss this concern out of hand, and they have a name for citizens having no say in what happens around them: property rights.
$500,000 for Moncure
Another concession being touted by Bock and his internet campaigners is an agreement by WWP to give $500,000 for improvements to the Sprott Center in Moncure.
First of all, Bock absolutely had to get this concession because New Hill, an unincorporated town with no commissioners or elected representatives to speak for them, was able to get this same concession. So there's no way Bock could have said he was looking out for his citizens if he couldn't get at least what New Hill got. (It's worth noting that New Hill also got sewer service from WWP for 36 properties, a concession Bock did not get for Chatham).
I consider this mainly a token concession, as $500,000 is less than 0.2% of the $327 million (for now) WWP project and the WWP were obviously willing to throw this amount around to silence opposition. What's more interesting about this concession is the information that came out later about it, which illustrates how eager the GOP commissioners were to approve this plant and approve it now.
Oops
Two days after the commissioners' vote, the Independent reported that the $500,000 may not be usable for its intended purpose because the Sprott Center is owned by a church. Bock's response to that discovery, as quoted in the Independent, was that there wasn't enough time to get all the information to properly vet this.
I don't know about you but if I made a deal of this magnitude, affecting this many people, I would do due dilligence on all aspects of it. Unless of course I was planning to vote yes anyway and didn't actually care about the concession, and just saw it as icing on the cake, or simply a token to give me a fig leaf cover for voting to deliver Moncure property owners into the tender arms of the WWP and their eminent domain powers.
In fact I emailed Brian Bock a few days before the vote urging him to take the time to completely vet any last minute deals or concessions before voting (I did not know about this concession) and to make sure they are properly ratified. The Friday before the Monday vote he responded to me that he would not be delaying the vote, because he felt the impending deadline made people negotiate better and get it done. There is some sense to that, except of course sometimes in rushing to get something done in time for an arbitrary deadline, important things are missed or done sloppily. But really, I think Bock would have voted for this pipe, $500,000 or no $500,000, so it probably wasn't important enough to vet out like it appears he did on the annexation concession.
Now two other points about the above paragraph in Bock's defense. Brian Bock deserves credit and kudos for engaging with his opponents, giving their emails that disagree with him a serious and personal response. I know I'm not the only person he has engaged with in this way. And the $500,000 hasn't disappeared. It will now be up to the commissioners to decide how to use it to fund improvements in Moncure. You know, the commissioners who didn't listen to Moncure in making this vote in the first place. Hopefully the $500,000 will be handled differently.
Tap into the pipe
The last concession is one from the original list that that I commented on before, permission to tap into the pipe in the future. Not much has changed on this since my first comment, so there's no need to repeat it all here except to say that Chatham will likely never make use of it since we would have to build our own unaffordable sewer plant to do so. So this one really doesn't count for anything in my opinion. In fact Brian Bock may agree with me on this because he didn't even mention it in his own blog post on his vote.
What should they have got?
It's fair to ask what concessions I would have sought if I were in Brian Bock's place. In addition to what was obtained, I would have wanted to see:
- The same agreement on voluntary annexation that was made on involuntary annexation
- WWP agreement to treat raw sewage from Chatham at their plant, under their existing state allocation. After all, even New Hill got sewage treatment for 36 properties in their agreement with WWP! The Moncure industrial area is geographically well positioned to benefit from from such a concession. I don't know how much I would ask for, but the plant overall will eventually treat 57 mgd of raw sewage, so 3 mgd for Chatham usage would be about 5% of that and doesn't seem out of line to me.
- Explicit protection for the affected landowners. One thing that stands out among all the talk from the GOP about how they protected the Moncure land owners by voting against them, is that there were really no concessions for them in the end. I would suggest requiring WWP to agree to use the 2009 tax value (plus any improvements) when valuing property and to make property owners whole, for example paying for sophisticated septic systems and replacement wells for landowners whose perk fields and/or wells will be destroyed, and paying 2007 market value for any timber removed rather than requiring the landowners to timber the affected land themselves (at today's depressed market values) to get that value. There may be other things, I would take my cue here from the affected landowners.
Conclusion
As I said earlier, the concession on voluntary annexation was never going to happen with pro-development Republican commissioners. They had no interest in it. The involuntary annexation concession they got is significant and will satisfy their supporters, and should be appreciated by others as well. However, without the accompanying voluntary annexation concession it won't be enough to satisfy anyone else in my opinion, but we should recognize the significance of what they did get here. It's not nothing. It is something, and it's significant.
I don't know if they sought the raw sewage treatment concession and were rebuffed or never sought it. Many people besides me suggested it so it's not like the suggestion wasn't out there. However that may have been something that actually would have cost the WWP and been truly significant, and they wouldn't give this one unless they absolutely had to. In my opinion, WWP knew they were negotiating with a friendly partner who fully intended to give them what they wanted and was mainly just looking for political cover to do so, so there was no need for them to consider a concession this significant, and both they and Brian Bock knew that. I'm guessing it never came up except maybe as a token gesture.
In the end Brian Bock got exactly what he wanted -- political cover. He got enough to be able to say that he was fighting for Chatham's interests, and something his supporters can work to sell and rah-rah over, but nothing that actually would have any effect on the effects of the pipeline on Moncure, the pace of development in Cary, Apex, or Chatham County, or cost the WWP anything significant. It was a win for him.