memorandum

to:                  Mayor and Town Council

from:            Ralph D. Karpinos, Town Attorney

subject:    Local Legislation Enacted During 2008 Session of the North Carolina General Assembly

date:            September 8, 2008

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 2008 Session of three local legislative requests submitted by the Town.

BACKGROUND

During the 2008 Session of the North Carolina General Assembly three local bills were enacted granting the Town special legislative authority:

  1. Session Law 2008-16 (Attachment 1) authorizes the Town to levy an additional $10.00 motor vehicle registration tax, with the additional funds being dedicated to public transportation purposes.
  2. Session Law 2008-75 (Attachment 2) authorizes the Town to adopt ordinances regulating the demolition of historic structures.
  3. Session Law 2008-76 (Attachment 3) extends the Town’s authority to require developers to provide funds to be used for improvement of community recreational facilities rather than providing recreation areas and facilities in individual new developments.

DISCUSSION

Resolution A would direct the Manager and Director of Business Management to work with the Orange and Durham County Tax Collectors to initiate the steps to allow the Council to consider implementing the additional motor vehicle registration tax.

Resolution A would also direct the Town Manager and Planning Department to review the provisions of Session Law 2008-75 and make recommendations for any modifications to the Town’s Land Use Management Ordinance to enhance the Town’s ability to regulate and restrict the demolition of historic structures. 

Finally, Resolution A would direct the Manager, Planning Department and Parks and Recreation Department to review the provisions of Session Law 2008-76 and make recommendations for possible modifications to the Town’s Land Use Management Ordinance to enhance the Town’s ability to require payments from developers in lieu of  on-site recreation space and facilities.  

Pursuant to Section 1.4 of the Town Charter (Attachment 4), Resolution B would incorporate Session Laws 75 and 76 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 2008-16 (p. 5).
  2. Session Law 2008-75 (p. 6).
  3. Session Law 2008-76 (p. 7).
  4. Town Charter, Sec. 1.4 (p. 9).