AGENDA #2

 

MEMORANDUM

 

TO:

Mayor and Town Council

FROM;

Ralph D. Karpinos, Town Attorney

SUBJECT:

Continued Discussion of  Potential Local  Legislation  for the 2008 Session of N.C. General Assembly

DATE:

March 26, 2008

 

PURPOSE

 

Tonight the Council continues its consideration of potential topics for a public hearing on proposed legislative for the upcoming session of the North Carolina General Assembly. 

 

BACKGROUND AND DISCUSSION

 

On March 17, the Council began a discussion of potential legislative issues to consider at an upcoming public hearing, proposed for April 14.  Please see the attached memorandum.  The Council agreed to continue this discussion at tonight’s Budget Public Forum.

 

During the March 17 discussion, the following additional issues were raised as potential subjects for legislative requests:

 

  1. Modification to the current special legislation which allows the Town to require payment in lieu of recreation areas, where the amount of land is of such a size as to not be as usable, in the Town’s judgment, for active recreation.  Currently, pursuant to this local legislative authority, the Town can require payments where the land being provided is two acres or less. 
  2. Authorization to modify the formula for calculating the payment to be made in lieu of providing land for recreation purposes.  Currently, the General Statute (Sec. 160A-372) states that “(a)ny formula enacted to determine the amount of funds that are to be provided shall be based on the value of the development or subdivision for property tax purposes.”
  3. Authorization to prohibit, in new developments, irrigation systems that are connected to the public potable water system.  (Please see materials from OWASA attached to March 17 agenda report, which discuss this issue.)

 

The Council agreed to continue this discussion this evening to allow an opportunity for other issues to be raised and considered.

 

RECOMMENDATION

 

That the Council adopt the attached resolution scheduling a public hearing for April 14, 2008, on potential matters for local legislation, including those matters the Council determines it wishes to consider pursuing as legislative initiatives.

 

ATTACHMENTS

 

  1. March 17, 2008 Agenda item # 10 (begin new page 1).