Council Action Requested:
To unify the planning services and code enforcement requests from the Town of Kershaw via the attached ordinance.
Points to Consider:
UPDATE - At the last Council meeting, staff was asked to include language in the IGA that the County will provide a review of the work provided on behalf of the Town and provide a report on the number of permits issued in the Town limits and the number of planning applications acted on for the Towns.
In addition, Council wanted more clarity on the duration of the agreement, and how the contract could be renewed or terminated, by either party.
Both of these points have been addressed and added in the revised agreement attached.
History: County Planning staff provided planning and zoning services to the Towns, including Van Wyck, as they do to unincorporated areas of Lancaster County until May 2021, when County Administrator Steve Willis issued a memo to Rox Burhans that discontinued the provision of planning and zoning services to all the municipalities, based upon changes in Van Wyck.
The memo noted that the County would continue to provide building code services and stormwater management services to the Town of Van Wyck, “as they lack certified staff.”
This ordinance sets the intergovernmental agreements between Lancaster County and the town of Kershaw into code. An accompanying ordinance addresses the Town of Heath Springs and staff will evaluate if any changes are warranted for Van Wyck, understanding they are providing their own planning and development services.
Funding and Liability Factors:
Funding: cost to enforce codes and regulations for the two towns in addition to current work load. There is an additional charge identified for County staff time that goes beyond the basic services outlined to be provided by the County.
Liability: without a properly executed agreement, Lancaster County staff can not enforce land use laws in the town jurisdictions
Recommendation:
Approve the IGA.