AGENDA #10 Resolution to Call a Public Hearing on Potential Local Legislation for the 2008 Session of N.C. General Assembly

AGENDA #10

MEMORANDUM

TO:	Mayor and Town Council
FROM;	Ralph D. Karpinos, Town Attorney
SUBJECT:	Resolution to Call a Public Hearing on Potential Local Legislation for the 2008 Session of N.C. General Assembly
DATE:	March 17, 2008

PURPOSE

The attached resolution would schedule a public hearing for April 14 on potential legislative topics for the upcoming Session of the North Carolina General Assembly.

BACKGROUND

The General Assembly convenes this year May 13, 2008 for the Short Session. Local bills are due to Bill Drafting by May 21 and must be filed for consideration in the House/Senate by May 28. In order to be eligible for consideration, local bills are required to be agreed upon by the entire local delegation, according to information provided by the North Carolina League of Municipalities.

DISCUSSION

On January 30, 2008, the Council held an initial public forum on the Budget. The memorandum for that forum identified the following potential legislative matters for consideration in 2008:

“Potential Matters of Interest for Discussion with Legislative Delegation in 2008

Matters which have been identified by elected officials, citizens and staff include:

Authorization for Local Water Conservation Strategies (in conjunction with OWASA and other local governmental bodies)
Authorization to require payment as an option rather than improved recreation facilities for multi-family development
Authorization to require payment of parks and recreation fees for non-residential development
Authorization to require greater energy efficiency and use of renewable energy as part of new development and redevelopment
Legislation to restrict private restrictive covenants or allow local governments to restrict such covenants that would otherwise require private property owners to consume excess water and energy and prohibit private property owners from installing devices to conserve water and energy.
Authorization to enact ordinances to provide greater protection to historic structures, including the ability to delay issuance of a building permit on any lot on which a historic structure has been demolished.
Authorization for additional and enhanced taxes and fees to provide additional revenue sources (e.g., ticket tax, non-resident motor vehicle fees, others)”

With respect to water conservation strategies, please see the attached memorandum and preliminary recommendations from OWASA regarding the opportunities for local changes that might be considered without the need for legislative action.

There was no public comment at the January 30 public forum. However, staff brought up the issue of building code requirements, adequacy of water service for fire protection, and sprinklers for new residential structures in areas regulated by the Town but not served by public water service. This was raised as a concern recently during review of a proposed new subdivision outside the Town’s urban services area. The Fire Department is working on an approach to this issue that may allow it to be resolved without needing to propose a change to the law.

Following the April 14 public hearing, the Council can consider next steps, which have in the past included meeting with the local delegation, prior to adopting a position on matters of local and statewide interest in the General Assembly. Copies of the last two years’ resolutions establishing the Council’s legislative program are attached.

RECOMMENDATION

That the Council adopt the attached resolution scheduling a public hearing for April 14, 2008, on potential matters for local legislation, including any of those matters identified on January 30, 2008, as well as any other matters of interest identified by citizens and elected officials.

ATTACHMENTS