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HomeMy WebLinkAboutAgenda - 08-23-1999 - D2ti 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 23, 1999 Action Agenda Item No. SUBJECT: Resolution Opposing Congressional Legislation - H. R. 2372 and S. 1028 DEPARTMENT: Board of Commissioners/ PUBLIC HEARING: (Y/N) No County Attorney ATTACHMENT(S): Proposed Resolution INFORMATION CONTACT: Moses Carey Geof Gledhill, 732-2196 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider adopting a resolution stating the Board's opposition to two bills under consideration by the United States Congress. BACKGROUND: At the Board's August 17, 1999 regular meeting, Commissioner Carey suggested that the Board adopt a resolution, to be transmitted to the President and Orange County's Congressional representatives, which would state the Board's opposition to H. R. 2372 and S. 1028. These bills contain provisions which would inappropriately constrain the prerogatives of local governments to make local zoning decisions. The Board requested that staff prepare a resolution for the Board's consideration as soon as possible. The County Attorney has prepared the attached resolution for the Board's action. FINANCIAL IMPACT: None RECOMMENDATION(S): The Manager recommends that the Board approve the attached resolution. ti 2 Y NORTH CAROLINA ORANGE COUNTY RESOLUTION WHEREAS, H.R. 2372. and S. 1028 are bills that have been introduced in Congress which would essentially provide immediate federal court review of local zoning decisions. where the property owners allege a so-called regulatory taking of property;-and WHEREAS, these bills, if enacted in a law, will fundamentally change the approach of the federal courts to litigation involving local land use decisions which approach is founded on sound principles of federalism and devolution; and WHEREAS, the precepts of federalism and devolution are principles repeatedly supported and trumpeted by Congress; and WHEREAS, the present system of review of local land use decisions insures a proper balance among federal, state and local governments and protects the prerogative of local elected officials to act in the best interests of the local community; and WHEREAS, if enacted into law H.R. 2372 and S. 1028, or either of them, would shift the authority over local land use decisions. away from local and state authorities to the federal courts in a way that would encourage developers of land to intimidate county officials with the threat of federal 3 litigation over any land u-se decision contrary to the developer's request. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Orange County that: 1. it opposes enactment of either H.R. 2372 or S. 1028 and opposes the enactment of any similar federal legislation attempting to change local, state and federal relationships with respect to land use regulations; 2. it urges the members of the United States House of Representatives and the United States Senate to oppose and vote against H.R. 2372 and S. 1028 and any comparable bills; 3. it urges the President of the United States to veto any such legislation, in the event any such legislation passes Congress; 4. it authorizes the Chair of the Board of Orange County Commissioners to transmit this resolution with an appropriate cover letter to President Clinton, Senators Edwards and Helms, and Representative Price. Upon motion of Commissioner seconded by Commissioner the foregoing resolution was adopted this the 23rd day of August, 1999. I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that 2 4 the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on August 23, 1999 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. WITNESS my hand and the seal of said County, this day of 1999. Clerk to the Board of Commissioners mydocuments/resolutionHR2372S1028.doc 3 ®°~f g-~3 -~ ~ .. NORTH CAROLINA ORANGE COUNTY RESOLUTION WHEREAS, H.R. 2372 and S. 1028 are bills that have been introduced in Congress which would essentially provide immediate federal court review of local zoning decisions where the property owners allege a so-called regulatory taking of property; and WHEREAS, these bills, if enacted in a law, will fundamentally change the approach of the federal courts to litigation involving local land use decisions which approach is founded on sound principles of federalism and devolution; and WHEREAS, the precepts of federalism and devolution are principles repeatedly supported and trumpeted by Congress; and WHEREAS, the present system of review of local land use decisions insures a proper balance among federal, state and local governments and protects the prerogative of local elected officials to act in the best interests of the local community; and WHEREAS, if enacted into law H.R. 2372 and S. 1028, or either of them, would shift the authority over local land use decisions away from local and state authorities to the federal courts in a way that would encourage developers of land to intimidate county officials with the threat of federal ~ .. litigation over any land use decision contrary to the developer's request. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Orange County that: 1. the Board opposes enactment of either H.R. 2372 or S. 1028 and opposes the enactment of any similar federal legislation attempting to change local, state and federal relationships with respect to land use .regulations; 2. the Board urges Representative Price and Senators Edwards and Helms to oppose and vote against H.R. 2372 and S. 1028 and any comparable bills; 3. the Board urges every member of the United States House of Representatives and every member of the United States Senate to oppose and vote against H.R. 2372 and S. 1028 and any comparable bills; 4. the Board urges the President of the United States to veto any such legislation, in the event any such legislation passes Congress; 5. the Board authorizes the Chair of the Board of Orange County Commissioners to transmit this resolution with an appropriate cover letter to President Clinton, Senators Edwards and Helms, and Representative Price; and 2 'f 6. the Board authorizes the Chair of the Board of Orange County Commissioners to transmit this resolution with an appropriate cover letter to the National Association of Counties and the North Carolina Association of County Commissioners. Upon motion of Commissioner seconded by Commissioner ~(~ o ~/s, the foregoing resolution was adopted this the 23rd day of August, 1999. I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on August 23, 1999 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. ~ of the minutes of said Board. WITNESS my hand and the seal of said County, this // ~ day ~~ ~ ~ Clerk to th Board of ommissioners mydocuments/resolutionHR2372S1028.doc 3