AGENDA #9

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

Ralph D. Karpinos, Town Attorney

 

SUBJECT:       Potential Legislative Requests

 

DATE:             April 14, 2004

 

 

The attached resolution would forward to our Local Legislative Delegation the Council’s requests for legislation in the upcoming session of the North Carolina General Assembly.

 

BACKGROUND

 

Early each calendar year the Town Council goes through a process to develop a list of policy positions and requests to submit to the Town’s Legislative Delegation at the beginning of the annual session of the North Carolina General Assembly.

 

So far this year the Council has:

 

1.      Held a Public Forum on February 2, 2004, on potential legislative requests.

 

2.     Considered a list of potential legislative requests, on February 9, 2004, that had been identified by Council members and citizens over the past several months.

 

3.      Met with members of the local Legislative Delegation, on February 20, 2004, to discuss the upcoming session of the General Assembly and some of the issues of interest to the Town Council.

 

4.      Identified a list of potential legislative requests, on March 22, 2004, for consideration at a public hearing.

 

5.      Received public comment on these potential legislative requests on March 24, 2004. 

 

 

The items Council identified on March 22, 2004, for public hearing on March 24 along with a brief explanation, are:

 

1.       A bill to authorize a local public campaign financing program. This was raised during the Council’s discussions as a means to respond to the rising amounts of money spent in campaigns for local elective office.

 

2.      A bill to authorize the expenditure of open space bond funds outside of the Town’s extra-territorial jurisdiction. This proposal was presented in a citizen petition. Presently open space bond funds may be used to purchase land within the Town and its planning jurisdiction.

 

3.      A bill to authorize transfer of development rights into the Town’s urban area in association with conservation easements purchased in rural areas of Orange County. This proposal was presented in a citizen petition. Presently, transfer of development rights is a program that could be implemented within the Town’s jurisdiction.  Additional authority would be needed to transfer development rights from the rural areas of the County into the Town’s urban area.

 

4.      A bill to allow the Town to enact zoning regulations pertaining to the ratio of bedrooms to bathrooms in residential development.  This was suggested during the Council’s discussion of new zoning regulations in Northside.  Presently, the regulations for Northside require a link between bedroom/bathroom regulations and the number of unrelated persons that may reside in a dwelling.

 

5.      A bill to extend the time period that a special use permit development can be delayed if the property has been identified as a potential school site.  Last year the Town received authority to delay development for one year on sites proposed for special use permits if the sites had been identified as potential school sites.  It has been suggested that the Town consider requesting an extension of the authorized delay period to 18 months, the time period now applicable to sites proposed for subdivision.

 

6.      Enhanced financial support for the provision of Town fire protection services on the campus of the University of North Carolina at Chapel Hill. This issue was discussed with the local delegation on February 20.  Based on statistical data pertaining to value of properties on the UNC-CH campus, there has been interest expressed in seeking additional State financial support for local fire protection services. 

 

7.  Bills pertaining to local and regional transportation organizational and funding issues.  The Council discussed a number of transportation issues with the Legislative Delegation at the breakfast meeting.

 

8.      A bill to request that the North Carolina General Assembly repeal the Defense of Marriage Act. The current law provides that out-of-State marriages between persons of the same gender are not valid in North Carolina.  It affects the eligibility requirements that the Town imposes in order for partners of Town employees to receive employment-related benefits, such as assistance in paying for health care insurance.

 

9.      Funding mechanism to put overhead power distribution lines underground.  Authorization for a local utility tax for this purpose was introduced by our Legislative Delegation last year and referred to a committee in the House.  No further action on the bill occurred.

 

10.   A bill to increase the homestead exemption.  This would be a new State-wide bill to expand the current limit on value of property that is exempt from local property taxes.   

 

DISCUSSION

 

Attachment 1 is a copy of the minutes from the Council’s February 20 meeting with the Legislative Delegation, reflecting the issues discussed with them.  As those minutes reflect, the discussion with the Legislative Delegation focused primarily on regional transportation, funding sources for transportation programs and State support for local fire services to the University.  

 

Attachment 2 is a copy of the draft minutes of the portion of the Council’s March 24, 2004, meeting dealing with legislation.  As those minutes reflect, public comment focused on the proposal to request repeal of the State’s Defense of Marriage Act (N.C.G.S. Sec. 51-1.2, Attachment 3).

 

The other items listed above have been mentioned by Council members or in citizen petitions at one or more of the prior meetings where the legislative agenda has been considered, but have not been the subject of lengthy public discussion this year.

 

The 2004 Session of the 2003 N.C. General Assembly (the “Short Session”) is scheduled to reconvene on May 10, 2004.  Attachment 4 is a memorandum from the N.C. General Assembly Legislative Services Office explaining the Legislature’s rules pertaining to bills eligible for consideration during the upcoming Legislative Session. According to that memorandum, local bills certified by their sponsor as non-controversial and approved for introduction by each member of the delegation are eligible.  New Statewide bills are required to be authorized by joint resolution passed by a two-thirds majority of both the House of Representatives and the Senate to be eligible. 

 

Attachment 5 is a copy of the resolution adopted last year by the Council establishing a legislative program for the 2003 Session of the General Assembly.

 

Attachment 6 includes copies of email messages received related to the Council’s consideration of a legislative request related to the Defense of Marriage Act.

 

RECOMMENDATION

 

We recommend that the Council adopt the attached Resolution A, adopting a legislative program for 2004, with those items included as determined by the Council.

 

 

ATTACHMENTS

 

1.   Minutes of February 20, 2004, breakfast meeting with Legislative Delegation (p. 6).

2.   Draft minutes from March 24, 2004, Council meeting (p. 14).

3.   N.C.G.S. Sec. 51-1.2 (p. 18).

4.   Memorandum from N.C. General Assembly Legislative Services Office (p. 22).

5.   Resolution (2003-03-03/R-1a) (p. 25).

6.   Copies of e-mail messages pertaining to legislative proposal on Defense of Marriage Act (p. 26).

A RESOLUTION ESTABLISHING THE TOWN OF CHAPEL HILL’S LEGISLATIVE PROGRAM FOR THE UPCOMING SESSION OF THE NORTH CAROLINA GENERAL ASSEMBLY (2004-04-14/R-15)

 

WHEREAS, the Council of the Town of Chapel Hill that the Council held a public hearing on March 24, 2004, at 7 p.m. in the Council Chambers of Town Hall on proposed items for inclusion in the Town’s legislative program for the 2004 Short Session of the North Carolina General Assembly; and

 

WHEREAS, the Council conducted a meeting with the Orange County Legislative Delegation on February 20, 2004, to discuss potential legislative issues of interest to the Town;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby transmits the following as its Legislative Program for consideration by the General Assembly in the upcoming Short Session:  

 

1.      A bill to authorize a local public campaign financing program.

 

2.      A bill to authorize the expenditure of open space bond funds outside of the Town’s extra-territorial jurisdiction. 

 

3.      A bill to authorize transfer of development rights into the Town’s urban area in association with conservation easements purchased in rural areas of Orange County. 

 

4.      A bill to allow the Town to enact zoning regulations pertaining to the ratio of bedrooms to bathrooms in residential development.   

 

5.      A bill to extend the time period that a special use permit development can be delayed if the property has been identified as a potential school site. 

 

6.      Enhanced financial support for the provision of Town fire protection services on the campus of the University of North Carolina at Chapel Hill.

 

7.   Bills pertaining to local and regional transportation organizational and funding issues. 

 

8.   A bill to request that the North Carolina General Assembly repeal the Defense of Marriage Act.

 

9.      Funding mechanism to put overhead power distribution lines underground. 

 

10.  A bill to increase the homestead exemption.

 

BE IT FURTHER RESOLVED that the Council endorses pursuing other Legislative interests, subject to the opportunities that become available:

   

This the 14^th of April, 2004.