AGENDA #4L

memorandum

to:                  Mayor and Town Council

from:            Ralph D. Karpinos, Town Attorney

subject:       Follow-up to Local Legislation Enacted During 2007 Session of the North Carolina General Assembly

date:             September 10, 2007

PURPOSE

The purpose of this report is to propose a process for the Council in response to the enactment by the North Carolina General Assembly in the 2007 Session of two local legislative requests submitted by the Town.

BACKGROUND

During the 2007 Session of the North Carolina General Assembly two local bills were enacted granting the Town special legislative authority:

1.       Session Law 2007-241 (Attachment 1) authorizes the Town along with four other municipalities to provide density bonuses and other development regulatory incentives to developers who agree to include energy consumption reduction design and construction in their projects.

2.       Session Law 2007-222 (Attachment 2) authorizes the Town to appropriate funds for a public campaign financing program for the Town’s municipal elections. 

DISCUSSION

Resolution A would direct the Manager and Planning Department to review the Town’s Land Use Management Ordinance and provide to the Council a report identifying any changes in the Ordinance or Town policies that are needed in order to implement the additional authority to encourage energy saving construction techniques in new development.

Resolution A would also direct the Town Attorney to provide additional background information to the Town Council on public financing of campaigns and the issues involved to facilitate a more complete Council discussion of this subject at a future Council meeting early in Calendar Year 2008.  It is anticipated that this more detailed Council discussion will include consideration by the Council of a process to develop a proposed public campaign program for possible implementation for the 2009 Town Municipal Election.

Pursuant to Section 1.4 of the Town Charter (Attachment 3), Resolution B would incorporate these two local acts in the Town Charter. 

RECOMMENDATION

That the Council adopt Resolution A to begin the process of considering ordinance and policy changes to implement new legislative authority. 

That the Council adopt Resolution B to incorporate these legislative provisions in the Town Charter.

 

ATTACHMENTS

1.      Session Law 2007-241 (p. 5).

2.      Session Law 2007-222 (p. 6).

3.      Town Charter, Sec. 1.4 (p. 8).