Agenda #11
memorandum
to: Mayor and Town Council
from: W. Calvin Horton, Town Manager
Ralph D. Karpinos, Town Attorney
subject: Calling a Public Hearing on Potential Legislative Initiatives for the 2006 Session of the North Carolina General Assembly
date: March 27, 2006
The purpose of this report is to provide the Town Council with information to assist it in identifying potential Town legislative initiatives for the upcoming 2006 session of the North Carolina General Assembly. The attached resolution would call a public hearing for April 10, 2006, to receive citizen comment on any proposed legislative initiatives the Council has identified as under consideration. Following the April 10 hearing, the Council will have an opportunity to discuss potential legislation. Historically, the Council has met with members of the local Legislative Delegation before adopting a legislative program.
BACKGROUND
The General Assembly reconvenes for the 2006 Session of the 2005 General Assembly (the “Short Session”) on May 9, 2006. The General Assembly limits the measures it will consider during the Short Session primarily to: budgetary matters; certain legislation carried over from the “Long Session”; legislation proposed by study commissions; and bills introduced in 2005 which passed one chamber and were received in the other chamber by the established deadline.
Local bills certified by the primary sponsor as non-controversial and approved for introduction by each member of the local delegation may also be considered. The deadline for introduction of local bills is May 24. Please see the attached memorandum from the General Assembly Legislative Services Office for a more thorough discussion (Attachment 1).
Attached to this memorandum is a report to the Council from January 12, 2006, which included a resolution establishing the Town’s Legislative Program for 2005 (Attachment 2).
Issues we have noted as having been mentioned recently either at Council meetings or elsewhere by Council members and citizens as possible topics for local legislation include:
A local bill seeking annexation of a small portion of public right-of-way along the Durham-Chapel Hill annexation boundary overlooked when other parcels in the area were legislatively annexed a few years ago.
Legislation related to the authority of public agencies to acquire property by eminent domain for economic development purposes. Please see the discussion on pages 2-3 of the attached League of Municipalities’ March 14 Legislative Bulletin on this issue. (Attachment 3)
Legislation to permit electronic meetings by public bodies.
Establishment of a study commission to evaluate the State’s sales tax distribution formula.
A bill to permit the use of the “Rehabilitation Code” to renovation of older structures in Chapel Hill. (We understand that as a result of recent action taken by the North Carolina Building Code Council, designers and renovators in Chapel Hill may now use this Code.)
A local bill to clarify the Town’s authority to require contributions to support public transportation, in addition to just physical improvements to streets and sidewalks, as a condition of approval of new development, based on the relative impact of that development.
Legislation to establish standards and limitations on percentage increases in taxable assessments that may be imposed locally for ad valorem property tax purposes.
Also attached is an excerpt from the minutes of the Budget Forum on January 25, 2006, which includes citizen comments on potential legislation (Attachment 4), and a memorandum to the Council submitted by a citizen on that date (Attachment 5)
That the Council complete the attached resolution by identifying legislative issues of interest and adopt the resolution to call a public hearing for April 10, 2006.
1. Memorandum from Legislative Services Office (p. 4).
2. January 12, 2006 report on 2005 Legislative Program (p. 7).
3. March 14, 2006 League of Municipalities Legislative Bulletin (p. 10).
4. Minutes from January 25, 2006 Council Budget Forum (p. 15).
5. Citizen Memorandum dated January 25, 2006 (p. 17).