AGENDA #6

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

Ralph Karpinos, Town Attorney

 

SUBJECT:       Public Forum on Potential Legislative Requests and Adoption of Legislative Agenda for 2005 Session of N.C. General Assembly

 

DATE:             March 7, 2005

 

 

Tonight’s public forum on legislation provides an opportunity for public comment on potential legislative requests considered by the Town Council on February 24, 2005, and discussed with the local Legislative Delegation on March 4, 2005. 

 

Following receipt of public comment this evening, we recommend that the Council adopt a Resolution identifying its Legislative Program for the 2005 Session of the North Carolina General Assembly.  The attached Resolution takes into consideration the guidance received from our Legislative Delegation on the March 4.

 

BACKGROUND AND DISCUSSION

 

On February 14, the Council identified and discussed briefly a number of potential legislative topics of interest.  On February 28, 2005, the Council reached consensus on a list of legislative topics to be discussed with the Legislative Delegation.  The list included:

 

1.      Authorization of a per-ticket fee on events at large venues, possibly with the revenue being earmarked for public transportation or public safety funding.

2.      State registration of beer kegs.

3.      Repeal of the Defense of Marriage Act.

4.      Opposition to the proposed Constitutional amendment defining marriage as only the union of one man and one woman. 

5.      Addition of sexual orientation as a category under the North Carolina hate crimes law.

6.      Support for adjustments to the homestead tax exemption.

7.      Reconsideration of a local bill to authorize an additional tax on utility bills to provide funding to put overhead power distribution lines underground.

8.      Application of state vehicle regulations to electric personal assistive mobility devices.

9.      Repeal of state law prohibiting public sector employee collective bargaining; enactment of law to establish collective bargaining rights for public sector employees.

10.  Support for the League’s position regarding annexation law.

11.  Continue to seek additional state funding for the provision of Town fire protection services to state facilities on the University of North Carolina campus and throughout Town.

12.  Support additional substance abuse treatment facilities in Orange County and the hiring of additional local Alcohol Law Enforcement Officers.

13.  Support an adjustment to the law enforcement supplemental retirement program to provide that each agency where a retiree worked shall contribute a pro rata portion of the retirement allowance rather than having the entire allowance paid by the last agency where the retiree served.

14.  Support a change in state law to reaffirm the confidentiality of public agency attorney work product and attorney-client communications involving public agencies and their counsel. 

15.  Repeal of the Town’s authority to operate automated camera equipment to cite red light traffic violations.

16.  Local options for increased revenues:  Gas tax, vehicle registration fee, sales tax.

 

Based on the comments received from members of the Delegation we have prepared the attached resolution for the Council’s consideration.  The resolution has been drafted to incorporate the interests of the Council and the guidance provided by our Legislators Friday morning.

   

RECOMMENDATION

 

That the Council adjust, as it deems appropriate, and then adopt the attached Resolution.

 

ADDITIONAL INFORMATION

 

In reviewing materials after the meeting with the Delegation, Mayor Foy realized that a matter listed in the Council’s legislative agenda in 2004 was not included, specifically:  public financing of local election campaigns.  The Mayor requests that the Council consider adding this item to the legislative agenda for 2005.  The Council could add this item to the Resolution.

 

ATTACHMENT

 

  1. February 28, 2005 Agenda #11a (p. 5).

 

A RESOLUTION ESTABLISHING THE TOWN OF CHAPEL HILL’S LEGISLATIVE PROGRAM FOR THE 2005 SESSION OF THE NORTH CAROLINA GENERAL ASSEMBLY (2005-03-07/R-5)

 

 WHEREAS, the Council of the Town of Chapel Hill conducted a meeting with the Orange County Legislative Delegation on March 4, 2005, to discuss potential legislative issues of interest to the Town; and

 

 WHEREAS, the Council has, on January 26, February 14, February 28, and March 4, 2005, discussed publicly and afforded the opportunity for public input on proposed items for inclusion in the Town’s legislative program for the 2005 Session of the North Carolina General Assembly; and

 

WHEREAS, the Council has considered the comments of its citizens and members of the Legislative Delegation;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby establishes the following as its Legislative Program for consideration in the 2005 Session of the General Assembly:  

 

1)         Statewide Legislation.

 

a.         Support state-wide law requiring registration of beer kegs.

b.         Oppose the proposed Constitutional amendment defining marriage as only the union of one man and one woman.

c.         Include sexual orientation as a category under North Carolina hate crimes law.

d.         Support the application of state vehicle regulations to electric personal assistive mobility devices.

e.         Support the repeal of N.C.G.S. 95-98 and replace it with a law that would establish collective bargaining rights for public employees.

f.          Support for the League’s position regarding annexation law.

g.         Support an adjustment to the law enforcement supplemental retirement program to provide that each agency where a retiree worked shall contribute a pro rata portion of the retirement allowance.

h.         Support a change in state law regarding public records to reaffirm the confidentiality of public agency attorney work product.

i.          Support additional state funding for municipalities providing fire protection services to state university facilities and other state buildings. 

j.          Support for adjustments to increase the scope of the homestead tax exemption.

k.         Support State funding of the State Highway Patrol 800MHz trunked radio system known as VIPER (Voice Interoperability Project for Emergency Responders).

l.          Support for additional revenue options for local governments, including:

1.         Gas tax.

            2.         Vehicle registration fee.

            3.         One-half cent sales tax.

m.        Support funding for additional substance abuse treatment facilities and the hiring of additional local Alcohol Law Enforcement Officers.

 

 

2)         Local Legislation.

 

a.         Reconsideration of a local bill to authorize an additional tax on utility bills to provide funding to put overhead power distribution lines underground.

b.         Authorization of a $1.00 per-ticket fee on tickets priced at $30 or higher for events at large venues, with the revenue being earmarked for public transportation and public safety funding.

             

This the 7th day of March, 2005.