SUMMARY OF A JOINT MEETING BETWEEN THE CHAPEL HILL TOWN COUNCIL AND MEMBERS OF THE SPECIAL LEGISLATIVE DELEGATION, MONDAY, JUNE 20,1994

 

Mayor Broun called the joint meeting to order at 8:08 a.m.  Council Members in attendance were Joe Capowski, Pat Evans, Lee Pavão, Barbara Powell and Rosemary Waldorf.  Council Members Joyce Brown, Mark Chilton and Jim Protzman were unable to attend.  State Representative Joe Hackney was also in attendance.  State Representative Anne Barnes and State Senators Howard Lee and Russell Walker were unable to attend.  Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Finance Director James Baker, Town Clerk Peter Richardson and Town Attorney Ralph Karpinos. 

 

Finance Director Baker presented an overview on the issuance of Certificates of Participation relative to the Town's parking facilities.  He said the Town would likely receive favorable interest rates on the basis of its A+ bond rating.  Council Member Capowski inquired about projected savings from the issuance of the certificates.  Mr. Baker said annual savings of $65,000 to $85,000 were projected based on anticipated interest rates.

 

Mr. Baker also briefly reviewed the status of revenues from intangible taxes, noting that the Town received approximately $728,000 from this revenue source during the current fiscal year.  Mayor Broun noted that the bill being proposed in the State Senate called for local governments to receive three percent growth on these previously frozen revenues, compared to the estimated annual growth of ten percent. 

 

Intangibles Tax

 

Representative Hackney arrived at 8:14 a.m.  Representative Hackney reported that the House Finance Committee would be continuing its discussions about possible replacements for the State's intangibles tax at its meeting on June 21st.  Mayor Broun inquired whether local governments would be no worse off after passage of the proposed new bill on this matter.  Representative Hackney said he did not think local governments would come out the same or better off as a result of the current proposal.  Mr. Horton inquired whether the Senate bill was the most likely for adoption relative to intangibles tax options.  Representative Hackney said he believed a derivation of the Senate bill would be adopted. 

 

Representative Hackney noted that the North Carolina Court of Appeals had recently ruled that it was unconstitutional to exempt in-state stocks from intangibles taxes while imposing the same tax on out-of-state stocks.  He stated that if the North Carolina Supreme Court upheld this decision, it would mean a windfall of up to $55 million for local governments.  Representative Hackney added that the possibility of providing exemptions for closed corporations was also being explored.  Council Member Waldorf inquired whether the Court's decision would be received during the short session.  Representative Hackney said no, noting that the Court's next opinion date was July 17th, after the end of the short legislative session.  Council Member Waldorf inquired what would occur on the basis of the Court's decision.  Representative Hackney said the matter could be taken up in the regular 1995 legislative session, if necessary.  He also noted that 52% of intangible taxes were collected on 7% of tax returns. 

 

Mayor Broun inquired about alternatives to the intangibles tax.  Representative Hackney presented a brief overview of the Senate Bill's provisions.  Mayor Broun asked whether capital gains and ordinary income would be taxed under the terms of the proposal.  Representative Hackney said this was correct.  He added that the main organizations opposing the proposed repeal of the intangibles tax were Citizens for Business and Industry and members of the banking community.

 

Parks Fund Bill/Fire Protection Funding

 

Representative Hackney said he was not aware of any proposed challenges to the fire protection funding bill during the short session.  Council Member Waldorf inquired who had opposed fire protection funding in the past.  Representative Hackney said members of the House Appropriations Subcommittee had previously opposed the funding.  Mayor Broun inquired about the possibility of increased fire protection funding. Representative Hackney said this would not occur during the short session and was unlikely in the future.  Council Member Capowski inquired about the possibility of including additional fire protection funding in concert with normal operating expenses for new buildings on the University and Hospital campuses.  Representative Hackney said it might be a good idea to ask the University to include fire protection funding requests along with its normal building operating expenses.  He also suggested that the Council might wish to consider contacting the fifteen other communities throughout the State which received fire protection funding from the State of North Carolina. 

 

Representative Hackney said although funding for State parks had been approved in the State Senate during the last session, there had been some resistance from the House Finance Committee Co-Chair who felt that funds should be allocated annually, rather than dedicated.  Representative Hackney noted that the proposed State budget would be debated on the House floor beginning at 5:00 p.m. today.  He stated that although there was a good chance for passage of State park funds, the prospects for State funding of local parks were not as good.  Mayor Broun inquired whether funding for passive and active recreation were handled separately or together.  Representative Hackney said there was no distinction in the State budget between active and passive recreation.  Council Member Evans noted that State funding of parks and recreation was very low compared to other states.  Representative Hackney said this was correct. 


Open Meetings

 

Noting that he served on the Conference Committee on open meetings, Representative Hackney noted that the House and Senate had passed different bills on the subject of open meetings.  He said the one difference between the bills concerned the need for a seven-day public notice prior to local governments hiring certain appointed officials such as Managers and Attorneys.  Representative Hackney said the Senate had agreed to drop this provision from its proposal.  He noted that the open meetings bill would be enacted without this provision. 

 

Open Beverage Containers

 

Mayor Broun inquired about the possibility of acting on regulations pertaining to the carrying of open beverage containers during the short legislative session.   Representative Hackney said it would be necessary to tie this proposal to similar legislation already under consideration.  Mr. Karpinos said he believed it was necessary for the Town to receive State enabling authority to enforce regulations pertaining to consumption of alcoholic beverages on public property.  He added that Chapter 18B of the State Statutes appeared to preclude local bills concerning alcoholic beverage regulation.  Representative Hackney said this could possibly be brought up in a future legislative session. 

 

Powell Bill Funds

 

Council Member Capowski asked whether Powell Bill funds could be used for sidewalk construction.  Representative Hackney said he was not certain about the status of this proposal.  Representative Hackney also said he could check on the status of this proposal.  Council Member Capowski stated that most sidewalk construction was taking place on the Town's periphery, in newer developments.  Council Member Capowski said that the Town needed greater flexibility to use Powell Bill funds for sidewalk construction in older parts of the Town.  Representative Hackney said he believed that the Town of Pittsboro had recently received authorization for additional flexibility regarding the use of Powell Bill funds. 

 

Repeal of Intangibles Tax

 

Representative Hackney inquired about the Council's preferences on the proposed repeal of the intangibles tax.  Council Member Capowski inquired about efforts to protect short and long-term intangible tax revenues for local governments.  Representative Hackney said protection of short-term revenues would be easier than protection of long-term revenues.  Council Member Waldorf inquired about alternatives to the intangibles tax.  Representative Hackney stated that although a number of options had been discussed, there had been no consensus about an alternative revenue source.  Mr. Horton stated that greater certainty of revenue appropriations would be an aid to local governments. 

 

Closing Remarks

 

Council Member Evans inquired about deposit bills relative to bottles and cans.  Representative Hackney said a coalition effort in this regard had been undertaken about eight to ten years ago.  He stated that opposition from bottling interests had blocked any legislation at that time.  Representative Hackney added that it was unlikely that any bottle or can deposit bills would be introduced in the near future.

 

Representative Hackney presented an overview of the House Appropriations Committee budget priorities, including emphases on public education and earmarking funds for the "Rainy Day" fund.  He noted that the proposed budget would be debated on the House floor later in the evening.  He stated that Senate deliberation of the budget would take at least two more weeks.

 

The session concluded at 9:13 a.m.