AGENDA #2a

 

MEMORANDUM

 

TO:

Mayor and Town Council

FROM;

Ralph D. Karpinos, Town Attorney

SUBJECT:

Public Hearing on  Potential Local  Legislation  for the 2008 Session of N.C. General Assembly

DATE:

April 14, 2008

PURPOSE

 

The purpose of tonight’s public hearing is to hear citizen comment on potential issues for consideration as part of the Town’s legislative program for the 2008 Short 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.   

 

On March 17, the Council began a discussion of potential legislative issues to consider at an upcoming public hearing, proposed for April 14.  On March 26, the Council continued that discussion and adopted the attached resolution calling tonight’s hearing and identifying potential topics for its 2008 legislative program.

 

DISCUSSION

 

The Council’s resolution identifies the following issues for consideration as possible legislative initiatives.

  1. Authorization for Local Water Conservation Strategies (in conjunction with OWASA and other local governmental bodies), including authority to prohibit, in new developments, irrigation systems that are connected to the public potable water system.
  2. Authorization to require payment as an option rather than improved recreation facilities for multi-family development.
  3. Authorization to require payment of parks and recreation fees for non-residential development.
  4. Authorization to require payment in lieu of recreation area where the area required to be provided would be four acres or less in size. 
  5. Authorization to require greater energy efficiency and use of renewable energy as part of new development and redevelopment
  6. 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.
  7. 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 and, if needed, legislation to provide protection for structures that have been designated as historic landmarks.  (Subsequent research shows that legislation pertaining to landmarks is not needed.  This issue can be addressed by consideration of amendments to the Town’s Land use Management Ordinance.)
  8. Authorization to increase the local motor vehicle registration fees, with revenues collected dedicated to public transit needs.
  9. Authorization for additional and enhanced taxes and fees to provide additional revenue sources (e.g., ticket tax, non-resident motor vehicle fees, others).

 

NEXT STEPS

 

Following this evening’s hearing, the next step, would include scheduling an opportunity to discuss legislative matters with members of our local Legislative Delegation and considering adopting a legislative program for 2008.

 

ATTACHMENT

 

  1. Resolution 3-26-2008. (p. 3).